Loading...
HomeMy WebLinkAboutCC 1994-07-26 Minutes11 CITY ju .X S•+fit 1 - p' e OF MEETING HELD ON JU LY 2 6 19 9 4 PLANKING AND -ZONING s PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI ,: City Clerk INDEX MINUTES OF REGULAR MEETING July 26, 1994 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 1 SPECIAL ITEMS. 7/26/94 2. CONSENT AGENDA. DISCUSSION 2-4 ! 7/26/94 2.1 RATIFY MANAGER'S EMERGENCY ACTION R 94-542 4 f IN EXECUTION OF PROFESSIONAL 7/26/94 SERVICES AGREEMENT WITH GLADYS KIDD & ASSOCIATES -- FOR FURNISHING OF A PUBLIC INFORMATION CAMPAIGN FOR THE CITY OF MIAMI CURBSIDE COLLECTION PROGRAM -- ALLOCATE $12,719.15. 2.2 REALLOCATE $50,000 OF 19TH YEAR R 94-543 5 COMMUNITY DEVELOPMENT BLOCK GRANT 7/26/94 (CDBG) PROGRAM ALLOCATION FROM j PROJECT: PARKWEST ASSOCIATION, INC. -- FOR BEAUTIFICATION OF N.W. 1 AVENUE BETWEEN N.W. 5 & 10 STREETS (AS RECOMMENDED BY DOWNTOWN NEIGHBORHOOD ENHANCEMENT TEAM [NET]). 2.3 ACCEPT PLAT: GROVE HILL, TOWER. R 94-544 5 i 7/26/94 2.4 AUTHORIZE INCREASE COMPENSATION R 94-545 6 IN ($26,331) TO FINE, JACOBSON, 7/26/94 SCHWARTZ, NASH, BLOCK & ENGLAND -- FOR SERVICES AS COUNSEL FOR CITY OF MIAMI IN CONNECTION WITH CHAPTER 11 BANKRUPTCY PROCEEDINGS FILED BY MIAMI CENTER ASSOCIATES, LTD. -- AUTHORIZE THE ENGAGEMENT OF / AND PAYMENT TO SEMET, LICKSTEIN, MORGAN, STERN, BERGER, FRIEND, BROOKE AND GORDON ($36,000) TO CONCLUDE LEGAL REPRESENTATION OF t j 2.5 AUTHORIZE ENGAGEMENT OF ARTHUR R 94-546 6 ENGLAND, OF GREENBERG, TRAURIG, 7/26/94 ($20,000) FOR LEGAL SERVICES FOR PETITION OF WRIT OF CERTIORARI FILED IN THE U.S. SUPREME COURT IN THE CASE OF BELL, et. al. VS. CITY OF MIAMI (CASE NO. 94-86). 3. APPROVE INVITATION FOR BIDS FOR R 94-547 7-15 PROVISION OF RESIDENTIAL GARBAGE, 7/26/94 TRASH AND RECYCLING SERVICES; THE COLLECTION AND DISPOSAL OF WASTE ILLEGALLY DUMPED ON CITY STREETS, RIGHTS -OF -WAY, AND PROPERTY, AND CLEANUP AFTER SPECIAL EVENTS -- WITH PROVISOS. 4. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 16 SPECIAL ITEMS. 7/26/94 5. ACCEPT BIDS OF NINE SUPPLIERS (1) R 94-548 16-17 RC ENTERPRISES; (2) MARTIN 7/26/94 ASSOCIATES; (3) BARNETT`S OFFICE SUPPLY; (4) APRICOT OFFICE SUPPLY; (5) CASCADE DEVELOPMENT E CORP.; (6) TROMPEX CORP.; (7) XIPS CORP.; (8) MIRITECH INTERNATIONAL; AND (9) N & K ENTERPRISES FOR FURNISHING SPECIFIED STOCK / NONSTOCK OFFICE SUPPLY ITEMS TO GSA / STOCKROOM. 6. APPOINT I REAPPOINT / CONFIRM R 94-549 17-19 INDIVIDUALS TO SERVE AS MEMBERS 7/26/94 OF THE AFFIRMATIVE ACTION ADVISORY BOARD. (Appointed were: ' Oscar De La Guardia & Scott Warfman. Reappointed were: Kevin Marshall & Robert Grill. Confirmed was: Virgil Fernandez. I Pending still is one l: appointment.) (A) RECONSIDER PRIOR DEFERRAL OF M 94-550 19-21 CA-5 (PROPOSED RESOLUTION M 94-550.1 AUTHORIZING NEGOTIATION OF TERMS 7/26/94 - / CONDITIONS OF A PARK PERMIT FOR USE OF DESIGNATED AREAS ON WATSON ISLAND FOR 30-DAY PERIOD BY NMMA BOAT SHOWS, INC. -- FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SIiOW). (B) AUTHORIZE CITY MANAGER TO NEGOTIATE TERMS / CONDITIONS OF A PARK PERMIT FOR USE OF DESIGNATED { AREAS ON WATSON ISLAND FOR 30-DAY PERIOD BY NMMA BOAT SHOWS, INC. -- FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SHOW (FEBRUARY 16-22, 1995). (A) APPOINT ESTHER MAE ARMBRISTER M 94-551 22-26 AS A MEMBER OF THE COCONUT GROVE R 94-552 PARKING ADVISORY COMMITTEE. 7/26/94 (B) APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (Appointed were: Pancho Diez-Rivas, Tom Moore and Esther Mae Armbrister (as the at large appointee). Reappointed were: Robert Masrieh, Michael J. Samuels, Joyce Nelson, David J. Gell, Cynthia Shelley, Ted Stahl and Clark Cook.) (See label 10B) i 9. APPOINT / REAPPOINT INDIVIDUALS R 94-553 27-28 TO SERVE AS MEMBERS OF THE 7/26/'94 COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Reappointed - were: Stephen D. Pearson, Esq., Gregg Adams, Roger Barreto, Hon. Philip Bloom, Douglas C. Broeker, Esq., Stan Cann, Pamela A. Chamberlin, Esq., Mary Catherine Chesser, George Childs, Peggo Cromer, Helen Eidson, Joy Finston-Landy, Kathy Gaubatz, Thelma Gibson, Chief Carlos Gimenez, Willis Harding, John Harris, William Hernandez, Don Hinson, Ruth Hopkins -Rosenthal, Adolfo Jimenez, Esq., Ruth Kassewitz, Johnathan Kroner, Clifton Lewis, Winston K. Lippert, Walter Livingstone, Suzanne Martinson, Betty Moss, Sheila W. Moylan, Esq., Rev. John Paul Nagy, Hans Ottinot, E. Albert Pallot, Esq., Alfred Browning Parker, Carmen Petsoules, David Pincus, Lauren Priegues, Chief Calvin Ross, Suzanne Salichs, Larry Schokman, Robert H. Smith, Esq., Joyce Thompson, Endre Toth & Betty - Waldor.) 10. kh) APPOINT INDIVIDUALS- AS.. R.94-554 -28-29 - REGULAR MEMBERS_ OF- THE PLANNING. 7/26/04 - - - ADVISORY -BOARD.- (Appointed Were: - - - Doris K.- Scheer & Quinton - Hedgepeth.) (B) (AG 5 Continued) RATIFY TED STAHL TO SERVE AS A MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE (RECOMMENDED BY OFF- STREET PARKING ADVISORY COMMITTEE). (See label 8B) 11. DISCUSSION CONCERNING THE POLICE DISCUSSION 30-33 DEPARTMENT'S NORTH SUBSTATION -- 7/26/94 INSTRUCT ADMINISTRATION TO COMPLETE ALL REPAIRS. 12. DISCUSSION CONCERNING PROPOSED DISCUSSION 33-37 REGULATION OF THE DOWNTOWN STREET 7/26/94 VENDING ACTIVITY -- DIRECT ADMINISTRATION TO INCLUDE IN ALL LICENSE RENEWAL NOTICES TO PRESENT VENDORS PRESENT PLANS BY THE CITY TO ADOPT MORE STRINGENT GUIDELINES TO REGULAR VENDORS' ACTIVITY IN THE DOWNTOWN AREA. 13. GRANT FUNDING REQUEST ($15,000) R 94-555 37-40 BY ASSOCIATION INTERAMERICANA DE 7/26/94 HOMBRES DE EMPRESA -- SUBJECT TO SAID PROGRAM BEING MONITORED BY THE INTERNATIONAL TRADE BOARD. 14. CANCEL DADE HELICOPTER'S PRESENT M 94-556 41-42 USE OF WATSON ISLAND AND 7/26/94 IMMEDIATELY INSTITUTE EVICTION PROCEEDINGS. 15. INSTRUCT ADMINISTRATION TO DEVISE M 94-557 42-46 A FORMULA OF FAIR RETURN TO THE 7/26/94 CITY WHICH COULD BE APPLIED IN ORDER TO DETERMINE USER FEES TO BE CHARGED TO GROUPS PRESENTLY HOLDING LEASES FOR USE OF CITY WATERFRONT PROPERTIES. 16. (A) INSTRUCT ADMINISTRATION TO M 94-558 47-62 SET A DEADLINE FOR RECEIPT OF M 94-559 APPLICATIONS FOR POSSIBLE M 94-560 PURCHASE OF A CONDOMINIUM AT THE 7/26/94 ST. HUGH OAKS VILLAGE PROJECT -- INSTRUCT MANAGER TO HAVE OUTSIDE AUDITOR CONDUCT AND TAKE FULL RESPONSIBILITY FOR THE CONDUCT OF AN IMPARTIAL LOTTERY -TYPE DRAWING FOR SELECTION OF ELIGIBLE APPLICANTS WHO WILL BE PERMITTED TO QUALIFY FOR PURCHASE OF SAID UNITS. (B) INSTRUCT CITY MANAGER TO SET A PURCHASE PRICE OF $115,000 FOR EACH CONDOMINIUM UNIT IN ST. HUGH OAKS VILLAGE PROJECT -- STIPULATE DRAWING SHALL TAKE PLACE DECEMBER 24, 1994. (C) APPOINT VICE MAYOR MILLER DAWKINS AS PRESIDENT, AND COMMISSIONER WIFREDO GORT AS SECRETARY, OF THE CORPORATION FOR ; THE ST. HUGH OAKS VILLAGE CONDOMINIUM PROJECT ASSOCIATION. 17. (A) DISCUSS AGENDA 14 (PROPOSED M 94-561 RESOLUTION TO WAIVE PRESENT CODE M 94-562 PROHIBITION (SECTIONS 2-301 R 94-563 THROUGH 2-304) AS IT APPLIES TO 7/26/94 JACK LOWELL (FORMER DDA BOARD MEMBER) IN CONNECTION WITH HIS REPRESENTATION OF THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR NEGOTIATION OF LEASE AGREEMENT WITH DDA FOR USE OF SPACE ON FOURTH FLOOR OF FORMER JORDAN MARSH BUILDING (1601 BISCAYNE BOULEVARD) TO HOUSE THE INTERNATIONAL TRADE CENTER -- DEFER AGENDA 15 & 16 TO FIRST MEETING IN SEPTEMBER FOR FURTHER INFORMATION. (B) MOVE AND SECOND APPROVAL OF AGENDA 14 (Note: the motion duly made and seconded, roll call not completed at this point (See R- 94-563 below)) (C) RECONSIDER MOTION DEFERRING AGENDA ITEM 15 AND 16 TO THE SEPTEMBER 8 COMMISSION MEETING [AG 15 (PROPOSED RESOLUTION CONCERNING DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER -- AUTHORIZE DDA TO EXECUTE LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE ON FOURTH FLOOR OF FORMER JORDAN MARASH BUILDING) -- AG 16 (PROPOSED RESOLUTION TO AUTHORIZE DDA TO EXECUTE SUBLEASE AGREEMENT AS WELL AS OPERATING AGREEMENT WITH INTRAEXPO, INC. FOR USE OF SPACE ON FOURTH FLOOR OF FORMER JORDAN MARSH BUILDING -- BOTH DOCUMENTS IN FURTHERANCE OF DEVELOPMENT OPERATION OF INTERNATIONAL TRADE CENTER) -- TEMPORARILY TABLE BOTH OF THESE ITEMS. (See label 47) RATIFY MANAGER'S FINDING OF SOLE R 94-564 SOURCE WAIVE BIDDING 7/26/94 REQUIREMENTS APPROVE ACQUISITION OF AUTOMATED TIME AND ATTENDANCE PAYROLL SYSTEM FROM KRONOS SYSTEMS, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $30,000. 71-72 19. RATIFY MANAGER'S ACTIONS IN R 94-565 72-73 FINDING THAT EMERGENCY NEED 7/26/94 EXISTED -- WAIVE BIDDING REQUIREMENTS -- ACQUIRE: (A) A CHEVROLET SUBURBAN VEHICLE FROM TROPICAL CHEVROLET; AND (B) A FORD CARGO VAN FROM HOLLYWOOD FORD, FOR POLICE DEPARTMENT. 20. GRANT FUNDING REQUEST BY R 94-566 73-77 CARIBBEAN AMERICAS BUSINESS 7/26/94 NETWORK (CABNET) ($15,000), IN CONNECTION WITH ITS SECOND ANNUAL CAB NETWORK '94 EVENT, SUBJECT TO SAID GROUP RELOCATING TO A FACILITY WITHIN CITY LIMITS. 21. GRANT FUNDING REQUEST BY TOP R 94-567 77-79 PERFORMANCE FOR A FLORIDA 7/26/94 RETREAT, IN BRADENTON, FLORIDA, FOR INNER CITY YOUTHS -- ALLOCATE $10,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). 22. DISCUSS AND DEFER (TO SEPTEMBER M 94-568 79-82 8TH MEETING) STATUS REPORT BY MR. 7/26/94 ANTHONY A. ROLLE FROM TACOLCY ECONOMIC DEVELOPMENT CORPORATION CONCERNING PROPOSED WESTERN ESTATES AFFORDABLE HOUSING DEVELOPMENT PROJECT. 23. PERSONAL APPEARANCE: MR. ROBERT DISCUSSION 83-86 HOLCOMB -- TO SEEK FINANCIAL 7/26/94 SUPPORT FOR A TELEVISION PROGRAM ENTITLED "MY AM I", WHICH WAS THE INSPIRATION FOR THE NEW MIAMI ANTHEM: "MY, MY, MY MI AM I" -- URGE MR. HOLCOMB TO CONTACT THE TOURIST DEVELOPMENT COUNCIL (TDC) AND GREATER MIAMI CONVENTION BUREAU IN CONNECTION THEREWITH. 24. EMERGENCY ORDINANCE: ESTABLISH EMERGENCY 86-88 SPECIAL REVENUE FUND: LOCAL ORDINANCE GOVERNMENT EVALUATION AND 11168 APPRAISAL REPORT (EAR) ASSISTANCE 7/26/94 PROGRAM 1994-95 -- APPROPRIATE $20,224 -- ACCEPT GRANT ($20,224) FROM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -- EXECUTE NECESSARY DOCUMENTS. 25. EMERGENCY ORDINANCE: AMEND CODE, EMERGENCY 89-92 CHAPTER 39, ARTICLE II (SIDEWALK ORDINANCE AND STREET VENDORS) -- ESTABLISH 11169 PROCEDURES FOR ASSIGNMENT OF 7/26/94 VENDORS TO SPECIFIC VENDING ZONES IN COCONUT GROVE SPECIAL VENDING DISTRICT -- PROVIDE FOR VENDING FRANCHISES AND FRANCHISE FEES, ETC. 26. EMERGENCY ORDINANCE: AMEND EMERGENCY 92-93 10934, WHICH ESTABLISHED INITIAL ORDINANCE RESOURCES / APPROPRIATIONS FOR 11170 SPECIAL REVENUE FUND: DRUG FREE 7/26/94 NEIGHBORHOOD TASK FORCE -- PROVIDE FOR AN INCREASE ($26,355) AS A RESULT OF SUCCESSFUL GRANT APPLICATION -- AUTHORIZE CITY MANAGER TO ACCEPT $26,355 FROM y i METROPOLITAN DADE COUNTY. I 27. SECOND READING ORDINANCE: AMEND ORDINANCE 94-95 CODE, CHAPTER 54, ARTICLE XI, 11171 CONCERNING USE OF PUBLIC RIGHTS- 7/26/94 OF -WAY FOR INSTALLATION OF PAY i TELEPHONES -- CLARIFY AND CORRECT REQUIREMENTS FOR PERMIT APPLICATION FEES AND FOR LOCATION PLANS FOR INSTALLATION OF PAY TELEPHONES IN PUBLIC RIGHTS -OF - WAY. ! 28. AUTHORIZE EXECUTION OF R 94-569 95-99 PROFESSIONAL SERVICES AGREEMENT 7/26/94 WITH HEDG-PETH & GALLAHER, i INC. -- TO PROVIDE EXPERT PROFESSIONAL SERVICES IN CONNECTION WITH CITY'S REAL ESTATE HOLDINGS -- AT A COST NOT TO EXCEED $50,000. 29. (A) DECLARE MOST ADVANTAGEOUS R 94-570 99-102 METHOD TO DEVELOP CERTAIN 7/26/94 IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY UNIFIED DEVELOPMENT PROJECT (UDP PROCESS -- PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR UDP -- SET PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. REGARDING DEVELOPMENT OF I4ARINE STADIUM AND RELATED MARINE AND RECREATIONAL USES AT 3601 RICKENBACKER CAUSEWAY. (B) COMMISSIONER DE YURRE COMMENTS ON PROPOSED STUDIO ENTERTAINMENT CENTER IN VIRGINIA KEY. 30. DECLARE MOST ADVANTAGEOUS METHOD R 94-571 102-107 TO DEVELOP CERTAIN IMPROVEMENTS 7/26/94 ON CITY -OWNED WATERFRONT LAND IS BY THE UNIFIED DEVELOPMENT PROJECT (UDP) PROCESS -- AUTHORIZE DRAFT REQUEST FOR PROPOSALS (RFP) FOR UDP -- SET PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. REGARDING DEVELOPMENT OF A RECREATIONAL CAMPGROUND AND ANCILLARY RECREATIONAL FACILITIES ON CITY - OWNED WATERFRONT PROPERTY AT VIRGINIA KEY BEACH. 31. EXTEND EXISTING AGREEMENT WITH R 94-572 107-108 HOWARD GARY & COMPANY AND RAYMOND 7/26/94 JAMES & ASSOCIATES, INC. FOR ONE- YEAR (COMMENCING OCTOBER 1, 1994) -- FOR PROVISION OF FINANCIAL ADVISORY SERVICES. i i i i i 32. APPROVE AND SUBMIT TO ELECTORATE R 94-573 109-112 PROPOSED CHARTER AMENDMENTS KNOWN 7/26/94 AS CHARTER AMENDMENT NO. 1, IN ORDER TO: (1) PROVIDE FOR METHOD OF ESTABLISHING QUALIFICATIONS FOR PROSPECTIVE PROPOSERS FOR UDPs; (2) AUTHORIZE CITY COMMISSION TO AMEND CONTRACTS IMPROVING OR DISPOSING OF CITY PROPERTY UNDER CERTAIN CONDITIONS; (3) ELIMINATE REQUIREMENT OF OBTAINING THREE PROPOSALS FOR A PROJECT TO IMPROVE OR DISPOSE OF CITY -OWNED OR TO BE ACQUIRED PROPERTY AND THE REFERENDUM REQUIREMENT FOR APPROVAL OF SAID PROJECT; (4) PROHIBIT CITY MANAGER FROM RECOMMENDING A PROPOSAL PROVIDING LESS THAN FAIR MARKET VALUE UNLESS EXEMPTED FROM SUCH REQUIREMENT; (5) EXEMPT SALES OR LEASES TO QUALIFIED COMMUNITY BASED ORGANIZATIONS FROM THE REQUIREMENT THAT SUCH SALE / LEASE PROVIDE A RETURN TO THE CITY OF FAIR MARKET VALUE; AND (6) PROVIDE FOR RESOLUTION OF PROTESTS FILED IN CONNECTION WITH ANY REQUEST FOR PROPOSALS OR CONTRACT FOR IMPROVEMENT 1 DISPOSITION OF CITY -OWNED OR TO BE ACQUIRED PROPERTY -- PROVIDE FOR SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 1994 -- DESIGNATE CITY CLERK AS OFFICIAL REPRESENTATIVE OF CITY COMMISSION WITH RESPECT TO SAID ELECTION; ETC. 33. ACCENT CITY OF MIAMI R 94-574 112-113 COMPREHENSIVE ANNUAL FINANCIAL 7/26/94 REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1993. i s i 34. DISCUSS AND TEMPORARILY TABLE DISCUSSION 114-118 CONSIDERATION OF PROPOSED 7/26/94 RESOLUTION TO AUTHORIZE ISSUANCE OF $18,000,000 SPECIAL NON -AD ! VALOREM REVENUE BONDS, SERIES I 1994 TO FINANCE THE FUNDING OF A i SELF-INSURANCE CLAIMS RESERVE FUND -- AWARD A NEGOTIATED SALE { OF THE BONDS TO WILLIAM R. HOUGH & CO. (UNDERWRITER); ETC.-- ROLL CALL NOT TAKEN AT THIS TIME. (See label 37) 1 35. ENGAGE ARTHUR ENGLAND, ESQ., OF R 94-575 118-119 GREENBERG, TRAURIG, FOR SERVICES 7/26/94 FOR APPEAL TO U.S. COURT OF II' APPEALS FOR 11TH CIRCUIT IN THE 1 CASE OF CIRCA, LTD. ET AL VS. THE CITY OF MIAMI (CASE NO. 93-5360) (FEES IN THE AMOUNT OF $50,000). 36. DISCUSS AND TEMPORARILY TABLE DISCUSSION 119-120 CONSIDERATION OF PROPOSED 7/26/94 RESOLUTION TO COMPUTE A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR FISCAL YEAR OCTOBER 1, 1994 - SEPTEMBER 30, 1995. (See label 38) (Note: Item momentarily 1 tabled to call roll on agenda 37 -- see label 34, above] i 37. (Continued) OFFICIAL ROLL CALL ON R 94-576 121-122 j AG 37 -- AUTHORIZE ISSUANCE OF 7/26/94 ` $18,000,000 SPECIAL NON -AD I VALOREM REVENUE BONDS, SERIES i 1994. (See label 34) 38. (Continued) COMPUTE PROPOSED R 94-577 122-123 MILLAGE RATE FOR THE CITY OF 7/26/94 MIAMI FOR FISCAL YEAR OCTOBER 1, 1994 - SEPTEMBER 30, 1995 -- AUTHORIZE SUBMITTAL TO DADE COUNTY PROPERTY APPRAISER AND TAX ffj f i f 4 4 COLLECTOR, ETC. (See label 36) 39. (A) APPROVE RESOLUTION R 94-578 DESIGNATING ARCHITECTURAL M 94-578.1 SERVICES FOR CITY PROJECTS IN M 94-578.2 1995-1996 AS CATEGORY "B" 7/26/94 PROJECT -- APPOINT CERTIFICATION COMMITTEE -- APPROVE MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE -- APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. (B) RECONSIDER PRIOR VOTE WHICH APPROVED AGENDA ITEM 40 (See label 39A) (C) DEFER BOTH AGENDA ITEM 40 (See label 39A) AND AGENDA ITEM 41 (PROPOSED RESOLUTION DESIGNATING ENGINEERING SERVICES FOR CITY PROJECTS 1995-1996 AS CATEGORY "B" PROJECTS -- APPOINT CERTIFICATION COMMITTEE -- APPROVE MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE -- APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. [Note for the Record: City Commission urged City Manager to ensure that at least 50% of the members of the competitive selection committee be from the private sector.] 40. ACCEPT BID: ANGEL PUENTES R 94-579 ($85,450) -- FOR PROJECT: 7/26/94 MODIFICATIONS TO FIRE STATION NO. 8, B-2974-G, SECOND BIDDING (CIF 313018). 41. URGE METROPOLITAN DADE COUNTY TO R 94-580 PROVIDE ADDITIONAL LANDSCAPING 7/26/94 IMPROVEMENTS AT VARIOUS LOCATIONS THAT WILL SERVE AS GATEWAYS TO THE CITY OF MIAMI DURING THE PAN- AMERICAN SUMMIT OF HEMISPHERIC PRESIDENTS (DECEMBER, 1994). 42. ESTABLISH CHARGES / TERMS / R 94-581 CONDITIONS FOR USE OF BOBBY 7/26/94 MADURO MIAMI BASEBALL STADIUM FOR YOUTH BASEBALL WORLD SERIES. 128-130 131-132 132-133 43. AUTHORIZE CITY MANAGER TO AWARD R 94-582 133-134 CONTRACT AND PROCEED WITH 7/26/94 CONSTRUCTION OF DOWNTOWN STREET IMPROVEMENTS SIDEWALK REBUILDING - PHASE 2, B-4578 --- IN ORDER TO EXPEDITE COMPLETION OF IMPROVEMENTS BEFORE THE PAN- AMERICAN SUMMIT OF HEMISPHERIC PRESIDENTS (DECEMBER, 1994). 44. DISCUSSION CONCERNING BUS DISCUSSION 134-136 BENCHES -•- COMMISSIONER PLUMMER 7/26/94 COMPLAINS THAT METROPOLITAN DADS COUNTY IS PLACING BUS BENCHES THROUGHOUT THE CITY WITHOUT PROVIDING ANY REVENUE OR USE FEES TO THE CITY. 45. GRANT REQUEST FOR FEE WAIVERS TO R 94-583 136-137 FAMILY YOUTH INTERVENTION CENTER, 7/26/94 A SUBSIDIARY OF THE COCONUT GROVE ECONOMIC DEVELOPMENT CORPORATION, IN CONNECTION WITH ITS FAMILY PICNIC AT ELIZABETH VIRRICK PARK (AUGUST 27, 1994), WITH PROVISO. 46. DIRECT CITY MANAGER TO ISSUE AN R 94-584 138-140 RFQ FOR THE MELREESE GOLF COURSE. 7/26/94 47. (A) (Continued) AUTHORIZE R 94-585 140-144 DOWNTOWN DEVELOPMENT AUTHORITY R 94-586 (DDA) TO EXECUTE LEASE AGREEMENT 7/26/94 WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE RELATING TO DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER AT 1601 BISCAYNE BOULEVARD. (See label 17) (B) (Continued.) AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO EXECUTE SUBLEASE AGREEMENT WITH INTRAEXPO, INC. AT 1601 BISCAYNE BOULEVARD. (Tabled during morning session -- See label 17c) 48. ACCEPT PROPOSAL SUBMITTED BY R 94-587 145-148 VIRGINIA KEY MARINE GROUP, INC. 7/26/94 FOR UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY AT 3501 RICKENBACKER CAUSEWAY. 49. CALLING / PROVIDING FOR A SPECIAL R 94-588 148-152 MUNICIPAL ELECTION TO BE HELD 7/26/94 OCTOBER 4, 1994 -- CITY'S ENTERING INTO LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. TO OPERATE A RESTAURANT, AND MARINE -RELATED RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY ADJACENT TO / WEST OF MIAMI MARINE STADIUM ON SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN ("VIRGINIA KEY BOATYARD PROPERTY"), SUBJECT TO VIRGINIA KEY MARINE GROUP, INC. MAKING A CAPITAL AND EQUIPMENT INVESTMENT OF NO LESS THAN $3,566,943 AND PAYING TO THE CITY A MINIMUM ANNUAL RENT OF $286,000 PER YEAR FOR A TERM NO LONGER THAN 20 YEARS. 50. APPROVE REQUEST BY STEVE MARTIN R 94-589 153-154 AND ASSOCIATES, INC., D/B/A/ BUS 7/26/94 BENCH COMPANY TO SELL ITS RIGHTS TO BENCH ADS AMERICA, INC., A FLORIDA CORPORATION (WHOSE SHAREHOLDERS ARE RAY TOMCZAK AND ERIC NADEL) TO REPLACE STEVE MARTIN AND ASSOCIATES, INC. AS A MEMBER OF BUS BENCH JOINT VENTURE. (See label 44) 51. DIRECT CITY MANAGER TO RETAIN AN R 94-590 155-157 EXPERT IN THE APPROPRIATE 7/26/94 TECHNICAL FIELD TO REPORT TO THE CITY AND AGREE TO TESTIFY AS REQUIRED BEFORE THE APPROPRIATE CITY BOARDS AND/OR CITY COMMISSION IN CONNECTION WITH THE POSSIBLE RISKS AND/OR EFFECTS OF ELECTROMAGNETIC FIELDS (ON THE TRANSMISSIONS) AND POSSIBLE RISKS ASSOCIATED WITH ONGOING CONSTRUCTION OF NEW TRANSMISSION TOWERS AS IT CONCERNS THE HEALTH / SAFETY AND GENERAL WELFARE OF INDIVIDUALS RESIDING WITHIN RANGE OF SUCH ELECTROMAGNETIC EMISSIONS. 52. 53. 54. AFFIRM DECISION OF ZONING BOARD - R 94-591 157-159 GRANT SPECIAL EXCEPTION FROM 7/26/94 11000, ZONING ORDINANCE, ARTICLE 9, SECTION 931, (DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES; ETC) TO ALLOW A DRIVE - THROUGH RESTAURANT FACILITY WITH REDUCTION OF RESERVOIR SPACES FOR PROPERTY LOCATED AT 700 N.W. 54 STREET [Applicant: Robert G. Brown] DENY APPEAL AND AFFIRM ZONING R 94-592 159-172 BOARD'S DECISION TO GRANT TWO 7/26/94 VARIANCES FROM ORDINANCE 11000, ZONING ORDINANCE (ARTICLE 41 SECTION 401, R-1 SINGLE FAMILY RESIDENTIAL), TO PERMIT EAST SIDE YARD SETBACK OF 1.84 FEET (5 FOOT REQUIRED) AND A ROOF OVERHANG TO PROJECT 0.20 FEET FROM THE EAST SIDE SETBACK (3 FOOT MINIMUM DISTANCE REQUIRED FROM LOT LINE) FOR LEGAL NONCONFORMING DUPLEX RESIDENCE AT 1618-1620 S.W. 18 STREET [Applicant: Carlos Mercedes and Maria Calvo; Appellant: 0. & D. Abad and H. Rodriguez] (A) DENY APPEAL -- AFFIRM ZONING R 94-593 172-188 BOARD'S DECISION TO GRANT SPECIAL M 94-594 EXCEPTION FROM ORDINANCE 11000, 7/26/94 ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA, FOR A LOT SIZE OF 7,887 SQUARE FEET LOCATED AT 630-632 S.W. 19 ROAD. [Applicant: Miriam Miles, Appellant: Jose Pineda] (B) INSTRUCT ADMINISTRATION TO RESTUDY ISSUE OF WHETHER ADJOINING PLATTED LOTS HAVING COMMON LOT LINE SHALL BE PERMITTED TO REFACE WITHOUT REPLATTING. i 56. 57. W19 GRANT APPEAL -- REVERSE ZONING R 94-595 188-193 BOARD'S DENIAL OF REQUEST FOR 7/26/94 VARIANCE FROM ORDINANCE 11000, THE ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO WAIVE 50 OF THE 76 REQUIRED OFFSTREET PARKING SPACES FOR A HEALTH CLINIC TO BE LOCATED AT 3090 S.W. 37 AVENUE. [Applicant / Appellant: Caleb Davis for Coconut Grove Family Health Center, Inc.] GRANT REQUEST FOR SPECIAL R 94-596 193-195 EXCEPTION FROM ORDINANCE 11000, 7/26/94 ZONING ORDINANCE, ARTICLE 9, SECTION 934, COMMUNITY BASED RESIDENTIAL FACILITIES, CERTIFICATE OF USE NOT TRANSFERABLE, TO ALLOW CHANGE OF OWNERSHIP OF CERTIFICATE OF USE NO. 2141789 FOR PROPERTY AT 4491 S.W. 8 STREET, ZONED C-1 RESTRICTED COMMERCIAL - WITH A ONE YEAR REVIEW. [Applicant: Central Palace, Inc./Central Palace Residential, Inc.] AMEND PREVIOUSLY APPROVED R 94-597 196-198 DEVELOPMENT ORDER FOR PHASE I OF 7/26/94 GRANT REQUEST TO BRICKELL SQUARE PROJECT, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, TO AMEND THE LEGAL DESCRIPTION OF SAID ORDER, SUBJECT TO CONDITIONS. [Applicant: Equitable Life Assurance Society of the United States] AMEND PREVIOUSLY APPROVED R 94-598 199-200 DEVELOPMENT ORDER (85-1060, AS 7/26/94 AMENDED BY 89-410 AND 92-597) FOR THE BRICKELL SQUARE PROJECT, PHASES II AND III, LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUE TO AMEND THE LEGAL DESCRIPTIONS AND TO DELETE UNITY OF TITLE REQUEST. [Applicant: Equitable Life Assurance Society of the United States] 59. GRANT SPECIAL EXCEPTION, AS SET R94-599 200-202 FORTH IN ORDINANCE 11000, THE 7/26/94 ZONING ORDINANCE, ARTICLE 9, SECTION 931 (DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS, CAR WASHES, REQUIREMENTS FOR RESERVOIR SPACES), TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES REQUIREMENT FOR PROPERTY LOCATED AT 3600 CORAL WAY. [Applicant: Universal Realty & Dev., Inc. / Checkers Drive -In Restaurant, Inc.] 60. GRANT APPEAL, REVERSE ZONING R 94-600 203-204 BOARD, AND GRANT SPECIAL 7/26/94 EXCEPTION FROM ORDINANCE 11000, ZONING ORDINANCE, ARTICLE 9, SECTION 917, (""OFFSTREET PARKING REQUIREMENTS") TO COMBINE ACCESS WAYS FOR AN OFFSTREET PARKING FACILITY FOR PROPERTY LOCATED AT 3600 CORAL WAY, C-1 (RESTRICTED COMMERCIAL), WITH CONDITIONS. [Applicant: Gary Eidelstein for Universal Realty & Dev., Inc. / Robert Brown for Checkers Drive - In Restaurant, Inc.] 61. SECOND READING ORDINANCE: AMEND ORDINANCE 204-206 TEXT OF ORDINANCE 11000, ARTICLE 11172 4, SECTION 401, TO REDUCE THE 7/26/94 LOADING BERTH REQUIRED IN THE R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICTS. [Applicant: Planning, Building & Zoning Department] 62. FIRST READING ORDINANCE: AMEND FIRST 206-208 11000, ZONING ORDINANCE, ARTICLE READING 9, "GENERAL AND SUPPLEMENTARY ORDINANCE REGULATIONS" - AMEND SECTION 932 7/26/94 "CHRISTMAS TREE SALES; HOLIDAY SALES" BY ALLOWING SALES OF CHRISTMAS TREES AND PUMPKINS BY CLASS I SPECIAL PERMIT IN COMMERCIAL ! INDUSTRIAL / GOVERNMENT / INSTITUTIONAL / RESIDENTIAL DISTRICTS SUBJECT TO CERTAIN CONDITIONS. [Applicant: Planning, Building & Zoning Department] ` 63. DENY PROPOSED FIRST READING M 94-601 208-209 ORDINANCE WHICH SOUGHT TO AMEND 7/26/94 ZONING ORDINANCE 11000, ARTICLE 4, TO ALLOW GARDEN, SERVICE AND CIVIC CLUBS, NOT FOR PROFIT, IN RESIDENTIAL DISTRICTS BY SPECIAL EXCEPTION ONLY AND SUBJECT TO CERTAIN CONDITIONS. [Applicant: Planning, Building & Zoning I Department] j 64. FIRST READING ORDINANCE: AMEND FIRST 210-213 L 11000, ZONING ORDINANCE, ARTICLE READING i 4, SECTION 401, "SCHEDULE OF ORDINANCE DISTRICT REGULATIONS" TO ALLOW 7/26/94 f FEDERAL, STATE AND LOCAL GOVERNMENT OFFICES AS PERMITTED PRINCIPAL USE IN THE 0-OFFICE DISTRICT, AND "STRUCTURES AND USES REQUIRED FOR PERFORMANCE OF GOVERNMENTAL FUNCTIONS" AS PERMITTED PRINCIPAL USE IN C-1 RESTRICTED COMMERCIAL DISTRICT; TO CHANGE EFFECT OF SD DISTRICT DESIGNATION FOR SD-1, SD-8, SD- 11, AND SD-13, AND ADDING A j SECTION DESCRIBING EFFECT OF SD- 14 AND SD-14.1 DISTRICTS; TO 4` i CLARIFY APPLICATION ONLY TO RESIDENTIAL DISTRICTS IN SD-12; TO CORRECT INCORRECT REFERENCE IN SD-13; TO PERMIT DRIVE -THROUGH RESTAURANTS AS A CONDITIONAL PRINCIPAL USE BY SPECIAL EXCEPTION ONLY IN SD-16, SD-16.1 AND SD-16.2; TO INCREASE THE SIZE OF PERMITTED AWNINGS IN ARTICLE i 9, SECTION 908.6; TO CONDITIONAL PERMIT TEIPORARY PARKING DURING f CONSTRUCTION BY CLASS II SPECIAL l PERMIT IN SECTION 927; BY DELETING ERRONEOUS LANGUAGE IN SECTION 1606.2; BY CLARIFYING } TREATMENT OF SUBSTANTIAL AND j NONSUBSTANTIAL CHANGES TO A MAJOR I USE SPECIAL PERMIT IN SECTION 1706; BY DELETING ERRONEOUS ! LANGUAGE IN SECTION 1904.2; AND TO CORRECT AN INCORRECT REFERENCE i" IN THE INDEX. [Applicant: Planning, Building and Zoning Department] i ! - i 65. DENY PROPOSED FIRST READING M 94-602 214-215 ORDINANCE TO CLARIFY LANGUAGE 7/26/94 REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY AND THREE- QUARTER WAY HOUSES, SINGLE ROOM OCCUPANCY USES, ADULT CONGREGATE i LIVING FACILITIES, BED AND I BREAKFAST, FOSTER CARE HOMES, HOMELESS SHELTERS, LODGING HOUSES, ORPHANAGES. j 66. DISCUSS AND CONTINUE TO SEPTEMBER DISCUSSION 215-219 MEETING PROPOSED FIRST READING 7/26/94 ORDINANCES: (1) TO AMEND MIAMI COMPREHENSIVE NEIGHBHORHOOD PLAN TEXT, INTERPRETATION OF FUTURE LAND USE PLAN MAP SECTION OF THE GOALS, OBJECTIVES AND POLICIES OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-200, TO AMEND DEFINITION OF "RECREATION" WHEREBY CITY WOULD BE ALLOWED TO LOCATE CITY GOVERNMENT OFFICES AS PERMITTED USES WITHIN RECREATION LAND USE CATEGORY; AND (2) TO I AMEND ZONING ORDINANCE 11000 TEXT j TO ALLOW CITY' OF MIAMI ADMINISTRATIVE OFFICES AND CONFERENCE ACTIVITIES IN THE PR DISTRICT BY SPECIAL PERMIT. 67. REFER TO MANAGER BAYSIDE T- DISCUSSION 219-224 SHIRTS' PROPOSED EVICTION FROM 7/26/94 BAYSIDE SHOPPING CENTER REQUEST BAYSIDE REPRESENTATIVE TO ATTEND NEXT COMMISSION MEETING TO j DISCUSS MINORITY PARTICIPATION f PROGRAM -- URGE MANAGER NOT TO EVICT AND TO TRY TO WORKOUT i PROBLEMS. 68. DISCUSSION CONCERNING THE CITY'S DISCUSSION 224-225 GARBAGE CONTRACT. 7/26/94 69. BRIEF DISCUSSION CONCERNING THE DISCUSSION 225 CELEBRATION VESSEL. 7/26/94 70. COMMISSIONER PLUMMER COMMENDS DISCUSSION 226 POLICE OFFICERS IN CONNECTION 7/26/94 WITH RECENT INCIDENT IN HIS 4 NEIGHBORHOOD. 71. DESIGNATE ARCHITECTURAL SERVICES R 94-603 226-227 FOR CITY OF MIAMI PROJECTS - 1995 7/26/94 AND 1996 AS CATEGORY "B" PROJECTS; APPOINT CERTIFICATION COMMITTEE; APPROVE MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE; APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. 72. DESIGNATE ENGINEERING SERVICES R 94-604 228 FOR CITY OF MIAMI PROJECTS - 1995 7/26/94 AND 1996 AS CATEGORY "B" PROJECTS; APPOINT CERTIFICATION COMMITTEE; APPROVE MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE; AND APPOINT A REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. 73. BRIEF DISCUSSION CONCERNING DISCUSSION 229-230 PUBLIC HEARINGS ON THE CITY'S FY 7/26/94 1994-95 BUDGET -- SET SEPTEMBER 8 AND 22, 1994, AS DATES OF PUBLIC HEARINGS ON THE BUDGET. f i ? MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of July, 1994, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:05 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor Miller J. Dawkins Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. ALSO PRESENT: 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. NOTE FOR THE RECORD: Prior to the beginning of the meeting, ministration fiad with raven the following agenda items: 23, 34 & 43. ----------------------------------------------------------------------------- ,----------------------------------- i 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ------------------------------------------------------------------------------------------------ ----------�- (A) Proclamation: Constitution Week -- to celebrate the 207th anniversaryof the signing of the United States Constitution. (B) Commendation: Antonio M. Sierra, Chairman of Board of Directors, Best Meridian Insurance Company -- for his success in developing f promoting the insurance industry in Latin America. (C) Commendations: (1) Police Officer Nelson Cruz -- Most Outstanding Officer of the Month (May 1994); (2) Police Officers Francisco Casanovas and Alex Macias Most Outstanding Officers of the Month (June 1994): 1 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 2. CONSENT AGENDA. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On the consent agenda, do we have any corrections or additions? That's CA-1. Commissioner Plummer: Mr. Mayor. Mayor Clark: Yes. Commissioner Plummer: I just have one question. Mayor Clark: All right. Let's hear it. Commissioner Plummer: I want to pull 2, but the question, Mr. Manager, we're talking today about sanitation, recycling, and all of this. And item 1 is to go out, as I understand it... Ms. Matty Hirai (City Clerk): Excuse me, Commissioner, if you would put your mike on. Commissioner Plummer: ... is to go out and buy more equipment for the Sanitation Department. Why would we want to be buying equipment when we haven't made a decision as to the commercial aspect, the recycling aspect? Maybe if you can tell me. Mr. Cesar Odio (City Manager): What item? Mr. Ron Williams: It's item 1. Commissioner Plummer: CA-1. Mr. Williams: No, Commissioner. Vice Mayor Dawkins: CA-2. Commissioner Plummer: CA-1. CA-1 is... 2, I want pull. Mr. Williams: No, CA... Commissioner Plummer: ' Why would we go out with a program, when we're talking today of possibly... Mr. Williams: Commissioner, let me... i Mr. Odio: This is after the fact. Mr. Williams: Yeah. Let me explain it to you. This is essentially paying for the public information... Commissioner Plummer: All right, all right, all right. Mr. Williams:... ratifying the public information campaign for curbside, back in April. 2 July 26, 1994 Commissioner Plummer: Tell me no more. It's after the fact. One of these days around here, we're going to stop that. But thank you, Mr. Mayor. Mayor Clark: Anything on CA-3? Commissioner Plummer: CA-2, I wish to pull. Mayor Clark: All right. Commissioner Gort: CA-1, also, I'd like to, in the future, if we're going to do any affirmative action, I think it should come in front of us, and it should be more... I don't think there's much that can be done here for twelve thousand dollars in affirmative action. Mayor Clark: All right. CA-3? CA-4? Vice Mayor Dawkins: CA-5. Mayor Clark: CA-5 has 'peen withdrawn by Mr. Dawkins. Motion and a second. Cast a unanimous ballot. Same onc. on number 1, Madam Clerk. Withdrawn. On CA-6. Commissioner Plummer: I pulled 2. Mayor Clark: CA-6? Commissioner Plummer: No. Mayor Clark: CA-7? For any person who would like to speak on these items on the consent agenda, please come forward now and be recognized. Commissioner Plummer: Seeing none, Mr. Mayor, I move that the consent agenda be accepted with the exception of those items pulled. Mayor Clark: With those two exceptions. Thank you, sir. Cast a unanimous ballot, Madam Clerk. Commissioner Plummer: Item 2 and 5 is the ones I remember being pulled. Mayor Clark: Number 2. Commissioner Gort: And 5. Commissioner Plummer: Two and 5, consent. Mayor Clark: Yes, on the consent agenda. NOTE FOR THE RECORD: BY CONSENSUS OF THE CITY COMMISSION, IT HAS BEEN DETERMINED THAT A CONSENT AGENDA ITEM, ONCE PULLED BY A GIVEN COMMISSIONER TO SEEK FURTHER CLARIFICATION ON A GIVEN ITEM, SAID ITEM WILL AUTOMATICALLY BE DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. 3 July 26, 1994 THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. 2.1 RATIFY MANAGER'S EMERGENCY ACTION IN EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH GLADYS KIDD & ASSOCIATES -- FOR FURNISHING OF A PUBLIC INFORMATION CAMPAIGN FOR THE CITY OF MIAMI CURBSIDE COLLECTION PROGRAM -- ALLOCATE $12,719.15. RESOLUTION NO. 94-542 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM OF GLADYS KIDD & ASSOCIATES FOR THE FURNISHING OF A PUBLIC INFORMATION CAMPAIGN FOR THE CITY OF MIAMI CURBSIDE COLLECTION PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $12,719.15, FROM THE BUDGET OF THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT, ACCOUNT CODE NO. 421101- 340, PROJECT NO. 422001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 July 26, 1994 E i I 2.2 REALLOCATE $50,000 OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATION FROM PROJECT: PARKWEST ASSOCIATION, INC. -- FOR BEAUTIFICATION OF N.W. 1 AVENUE BETWEEN N.W. 5 & 10 STREETS (AS RECOMMENDED BY DOWNTOWN NEIGHBORHOOD ENHANCEMENT TEAM [NET]). RESOLUTION NO. 94-543 i A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE FIFTY THOUSAND DOLLARS ($50,000) OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATION FROM THE PROJECT ENTITLED "PARKWEST ASSOCIATION, INC." FOR THE BEAUTIFICATION 4 OF NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 5TH STREET AND NORTHWEST LOTH STREET IN DOWNTOWN MIAMI, FLORIDA, AS RECOMMENDED BY THE DOWNTOWN NEIGHBORHOOD ENHANCEMENT TEAM (NET) SERVICE CENTER PURSUANT TO A SIMPLE DESIGN PLAN TO BE PREPARED BY THE CITY OF MIAMI'S DEPARTMENT OF PUBLIC WORKS. (Here follows body of resolution, omitted here and on file in the Office of 1 the City Clerk.) 2.3 ACCEPT PLAT: GROVE HILL TOWER. i RESOLUTION NO.94-544 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED GROVE HILL, TOWER, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; I AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ff, I I 1 i- I i 1 5 July 26, 1994 I 2.4 AUTHORIZE INCREASE COMPENSATION IN ($26,331) TO FINE, JACOBSON, SCHWARTZ, NASH, BLOCK & ENGLAND -- FOR SERVICES AS COUNSEL FOR CITY OF MIAMI IN CONNECTION WITH CHAPTER 11 BANKRUPTCY PROCEEDINGS FILED BY MIAMI CENTER ASSOCIATES, LTD. -- AUTHORIZE THE ENGAGEMENT OF 1 AND PAYMENT TO SEMET, LICKSTEIN, MORGAN, STERN, BERGER, FRIEND, BROOKE AND GORDON ($36,000) TO CONCLUDE LEGAL REPRESENTATION OF THE CITY IN AFOREMENTIONED PROCEEDINGS. RESOLUTION NO. 94-545 A RESOLUTION INCREASING THE COMPENSATION, IN AN AMOUNT NOT TO EXCEED $26,331, AND AUTHORIZING PAYMENT OF SAME TO THE LAW FIRM OF FINE, JACOBSON, SCHW.ARTZ, NASH, BLOCK & ENGLAND ("FINE JACOBSON") IN SATISFACTION OF SAID FIRM'S FINAL BILL FOR SERVICES RENDERED AS COUNSEL FOR THE CITY OF MIAMI BEFORE THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FL,ORIDA, IN CONNECTION WITH THE CHAPTER 11 BANKRUPTCY PROCEEDINGS FILED BY MIAMI CENTER ASSOCIATES, LTD.; FURTHER AUTHORIZING THE ENGAGEMENT OF, AND PAYMENT TO, THE LAW FIRM OF SEMET, LICKSTEIN, MORGAN, STERN, BERGER, FRIEND, BROOKE AND GORDON ("SEMET LICKSTEIN''), IN AN AMOUNT NOT TO EXCEED $36,000, TO CONCLUDE REPRESENTATION OF THE CITY IN THE AFOREMENTIONED PROCEEDINGS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 AUTHORIZE ENGAGEMENT OF ARTHUR ENGLAND, OF GREENBERG, TRAURIG, ($20,000) FOR LEGAL SERVICES FOR PETITION OF WRIT OF CERTIORARI FILED IN THE U.S. SUPREME COURT IN THE CASE OF BELL, et. al. VS. CITY OF MIAMI (CASE NO. 94-86). RESOLUTION NO. 94-546 A RESOLUTION AUTHORIZING THE ENGAGEMENT OF ARTHUR ENGLAND OF THE LAW FIRM OF GREENBERG, TRAURIG, IN THE AMOUNT OF $20,000, FOR LEGAL SERVICES FOR THE PETITION FOR WRIT OF CERTIORARI FILED IN THE U.S. SUPREME COURT IN THE CASE OF BELL, ET AL. V. CITY OF MIAMI, CASE NO. 94-86; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 3. APPROVE INVITATION FOR BIDS FOR PROVISION OF RESIDENTIAL GARBAGE, TRASH AND RECYCLING SERVICES; THE COLLECTION AND DISPOSAL OF WASTE ILLEGALLY DUMPED ON CITY STREETS, RIGHTS -OF -WAY, AND PROPERTY, AND CLEANUP AFTER SPECIAL EVENTS -- WITH PROVISOS. Mayor Clark: On item number 2, the General Services and Solid Waste provisions. Mr. Manager, explain this, will you, please. Mr. Cesar Odio (City Manager): That's it? Commissioner Plummer: Yeah. Regular 2. Mr. Ron Williams: Thank you, Mr.. Mayor. This item is before you again as a result of last Commission meeting, wherein the Commission directed the Administration to package or bring a complete story with regards to where our direction, or where we'd like to go with regards to the solid waste collection effort. What you have before you is a draft, and I emphasize draft, because certainly, we are soliciting Commission comments and thoughts with regards to the document itself, an invitation for bid that includes recycling, trash collection, and garbage collection services. As part of this whole program, as you well know, we recommended to you before, at last Commission meeting, that we withdraw from commercial account collection by City forces, negotiate with private haulers to increase our franchise fee, and we estimated at that point that the net savings or net difference to the City would be approximately one point three million dollars. The package, itself, essentially allows the Commission to issue an invitation for bid, qualify firms that would respond to you with regards to the collection. We would establish the service level and frequency of service, and we would have the document wherein it would provide you with clear choices with regards to what service you would like the City to provide, and what service you would like to contract to the privates. As you well know, some cities have done this, and the dollars have been different, but certainly, with regards to the City forces, we have a wide-ranging program, including, like i alluded to earlier, weekly trash collection. We would continue to, and would recommend to the Commission that we would continue to collect with City forces on City properties, and major City facilities, and certainly, we would have to maintain our efforts in the downtown sweeping and litter container collection in those areas that the Commission thought that were relevant in the commercial corridors. Mayor Clark: All right. Mr. Williams: So that's what we have before you, Mr. Mayor. Mayor Clark: This is a resolution with attachment approving the invitation for bids in essentially the attached form, and authorizing the City Manager to advertise and issue the same after October the 1st, 1994, for the provision of residential garbage, trash and recycling services, the collection and disposal of waste illegally dumped in City streets, rights -of -way and property, and the cleanup after special events held by the City of Miami. Is there a motion? Commissioner Gort: I got questions. Mayor Clark: Question by Mr. Gort. 7 July 26,1994 Commissioner Gort: Are you telling me we're going to do three different RFPs (Requests for Proposals) coming out for each individual service, or are you going to have all three of them combined into one? Mr. Williams: We would identify them as particular items, Commissioner Gort, so the Commission could essentially decide what service they want to contract for. Commissioner Gort: So you're talking about the commercial, recycling, and residential. Mr. Williams: Those are the primary services, as you well know. Commissioner Gort: Right. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Mr. Williams: No, no, I'm sorry. Commissioner Gort: Commercial is out. Mr. Williams: No. Commercial, we're recommending to you that the City essentially negotiate a franchise fee, and remove ourselves from that program. The primary services that the City provides now are residential garbage collection at the curbside, recycling services at the curb, and trash collection with our crane rubbish truck program at the curb. Commissioner Gort: OK. Mr. Williams: The additional areas are the illegal dumping, the event cleanup. As you well know, we have a lot of that. Commissioner Gort: Mm-hmm. Mr. Williams: And City facilities, which I recommended to you that we would continue to do those with City forces. Commissioner Gort: Well, hopefully, with the cleanup, with the illegal dumping, also, I hope we do all the measures where we have people there so they can be fined, because if we continue to clean those, they're just going to utilize them as a regular service. OK. Thank you. Mr. Williams: I think you're absolutely correct, and we could work with a clean City program, beefing up inspections, et cetera. Commissioner Plummer: Mr. Manager, let me put on the record, as I've expressed before, there are three items of my concern. Number one, paramount is the employees. We have roughly three hundred. Number two is the cost factor, and number three is the level of service. What you are looking at here, is there any provisions in any of these drafts that speak to the employees? Mr. Williams: Yes, Commissioner Plummer. Commissioner Plummer: Explain to me briefly how. Mr. Williams: We have identified in the document a provision that first choice for hires would be from City employees. And that's something that, Commissioner, you know, we can negotiate, but certainly, we have stressed in this draft document that those employees are taken care of by whatever means, be that City forces or outside contractors. 8 July 26, 1994 Commissioner Plummer: My next question, and my concern happens to be... And I keep referring to this all of the time, and for whatever reason, we can never seem to come with an answer. We have agreed here with a company called Bedminster, Bedminister, whatever the... the company that's... Mr. Williams: Bedminster. Commissioner Plummer: We've been waiting now for over a year for the County to sign an interlocal agreement which puts this agreement that we have approved into force. In that agreement, one of the things that was the most important facet to me was the fact that you could send one truck down the street. That truck was capable of picking up garbage, trash, recyclables, and their facility, their plant, had the capability of separation. Now, I don't want to get... And especially, the other thing is, is that they would guarantee us that at all times, their charges would be ten dollars less than what the County was. Mr. Williams: That's correct. Commissioner Plummer: Now, my point, very simply, is, are we foolish to try to get involved in any kind of a long-term agreement with a private hauler - especially on recyclables, which the market has dropped out of - the trash, the garbage, if we were to go forward? And I assume, Mr. Manager, that the minute... If today that agreement was signed with the County on the interlocal, we would be into that agreement from the City's standpoint. Mr. Odio: Well, there's a lot of things that we need to discuss with Bedminster. Number one is that the price in the first five years is sixty-three dollars and fifty cents, and I'm now dumping for forty-two. So we... Commissioner Plummer: Yeah, I understand, but you only have a two-year guarantee on that. i Mayor Clark: Please, I think we're going to... getting the cart ahead of the horse. This is only requesting an RFP. Let's find out what other people might have in mind, as compared with what we have on the deck at the present time. That's what we're looking for. Mr. Odio: Yes, sir. Commissioner Plummer: Yeah. Mr. Mayor, my problem is, is the criticism that we, as a Commission, have received in the past, and that is that we ask people to go to the expense, the time and the effort to put out an RFP, and then it dies on the vine, and they wasted their money l and their time. So I'm trying to get these parameters established in the beginning, where with... Whether we not really are honest and sincere that we want to go out with an RFP, other than the fact of trying to find out the three areas of my main concern: Number one, first and foremost, the employees; the level of service; and the cost. Mr. Odio: Mr. Mayor. Mayor Clark: Mr. Manager, Mr. Odio: Bedminster is two years away from being in operation. We could go out on a two- year contract, if you so choose. Commissioner Plummer: Well, if that's the case, that eliminates some of my fear. But as you know, when the company - whatever the name is, and I don't remember - that went out with the County to give them the price which they received for the collection of recyclables, it was predicated on a twenty-year guarantee. OK? That's the difference. V1 4 July 26, 1994 Mayor Clark: Well, I think we must go out with an RFP... Commissioner Gort: Mr. Mayor. Mayor Clark: ... so we can get this thing on the deck with all the players on the deck, for an even field. Yes, Mr. Gort. Commissioner Plummer: Oh, yeah. I for... Commissioner Gort: I'll move it. Commissioner Plummer: I agree, Mr. Mayor, that the only way you're going to know whether or not it's a savings, or whether it's beneficial is to go out with an RFP. But I think we ought to be honest, up front with the companies that are going to do the bidding, that that's what we're looking for. Mayor Clark: Absolutely. I think they understand that now. Mr. Odio: I just need to put on the record... Commissioner Gort: I'll make the motion, Mr. Mayor. Mayor Clark: All right. Is there a second? Commissioner Plummer: Yeah, I'll second the motion. Mayor Clark: All right. A. Quinn Jones, Ill, Esq. (City Attorney): Mr. Mayor, just a point of clarification. It's not an RFP. It's an invitation to bid, which is... It's a difference, so you should know that. Mr. Odio: May I clarify something, Commissioner Plummer? Commissioner Plummer: Sure. Mr. Odio: On your question on the employees matter, we have the right here - and correct me if I'm wrong... Mr. Williams: OK. Mr. Odio: ... to issue contracts by sections of the City. So we very well could keep City trucks picking up garbage or trash in one section while the private sector is picking it up in another, until such time as those employees are either retired... Mayor Clark: Protected. Mr. Odio: ... or whatever. Mayor Clark: All right. Motion and a second. Do you have something? Commissioner De Yurre: Question. Mayor Clark: Yes. 10 July 26, 1994 �1_ Commissioner De Yurre: On these invitations for bid, do you break it down in such a way that a company may want to bid on all three sections... Mayor Clark: Components, Commissioner De Yurre: ... as opposed to maybe two? Because if they bid on one, the price on three may be a lot lower than they would on one, and so that they're given latitude as to bidding as a whole, or bidding on individual sections? Mr. Williams: That's correct, Commissioner. We did allow in the document for bidders to bid in multiple sections. However, our recommendation is that we award no more than two sections to any particular bidder. That gives, naturally, the Commission the ability to ensure that small or minority companies get an opportunity to participate in this. And also, we would not want to put all of our eggs in one particular basket. If there is a service problem in one area, certainly, we wouldn't want to be stuck with that Citywide. Mayor Clark: Thank you. With no further discussion... Vice Mayor Dawkins: Yes, sir, discussion. Discussion. Commissioner Plummer: Mr. Mayor, as part of the motion, I want it to be understood that what it says here is that the commercial aspect, with the exception of City facilities, would immediately cease, and negotiate with the private sector for the commercial aspect, and that the City will pick up the recyclables in-house until we have made a further determination. Mayor Clark: That's in the bid process. Vice Mayor Dawkins: Under discussion. Mayor Clark: Mr. Dawkins. Vice Mayor Dawkins: Mr. Williams, you said that by getting rid of commercial, there's a one point three million dollar saving. Is that what I heard you say? Mr. Williams: Yes, Vice Mayor. Vice Mayor Dawkins: How will that one third - one point three million dollars - how will that offset my cost of picking up my garbage when you go private? For a private hauler, if the private hauler decides to charge more than we're charging now, that one point three million dollars goes down the drain, does it not? Mr. Williams: Commissioner, if I understand your question, if the City no longer participates in that, I am expecting that the private haulers will pay to the City a substantial increase in their franchise fee that they're presently paying, which is six percent. Now, other cities are getting at least ten, and I've made that known to them in the meeting that I held with them. Vice Mayor Dawkins: The private hauler pays you a franchise fee to pick up the garbage in the City of Miami. How do you determine what he's going to charge each household, to ensure me that the million -three is savings, and not added cost passed on to me through the picking up of my garbage? Mr. Williams: Vice Mayor, these would be specifically commercial accounts, and not residential. We want in this case to separate clearly, that we consider commercial accounts those 11 July 26, 1994 i number of units above duplex and businesses, so our residents will not be impacted by our decision here with regards to commercial accounts. Mayor Clark: OK. No further discussion... Commissioner Plummer: Yeah. Mr. Mayor, I would like... Vice Mayor Dawkins: Yes, sir, yes, sir, yes, sir. Mayor Clark: Please, wait a minute. He hasn't finished. Vice Mayor Dawkins: Hold it, hold it. Commissioner Plummer: Till he's finished. I thought he was. Vice Mayor Dawkins: How are you going to ensure me of a rate for the next ten or fifteen years for the garbage company collecting my garbage? How can you tell me that he's locked into "X" dollars and he cannot, under any circumstances, go above this? Commissioner Plummer: He locks himself in. Mr. Williams: I believe that the Commission, you know, will hold the Administration responsible for bringing to you a contract that... Vice Mayor Dawkins: OK. I'm going to hold you responsible right now to put that in the contract, where they have... It will remain "X" dollars, "X" years, in the con... in whatever you put out. Mr. Williams: Vice Mayor, I think that's completely appropriate. Vice Mayor Dawkins: If you don't put... OK. Mr. Williams: That's a negotiable issue. Vice Mayor Dawkins: All right. The third thing is, J.L. brought up Bedminster. I don't understand how we get into Bedminster this morning. Bedminster, in my... as long as I've been hearing, was for composting. They didn't have nothing, in my opinion - now, if I'm in error, Mr. Manager, correct me - they had nothing to do with garbage and recyclables. Commissioner Plummer: Yes, they did. Vice Mayor Dawkins: Now, all of a sudden, I hear you mixing them in with the garbage and the recyclables. Why? Mr. Odio: Well, if I may. Vice Mayor Dawkins: Yes, sir, please, Mr. Manager. Mr. Odio: The contract with Bedminster says that we will take all our garbage and trash to them. Commissioner Plummer: Yeah. Mr. Odio: And they will compost. In other words, they would be responsible for the... What we're doing now is taking things to Virginia Key, and - our recyclables. They will bring it all together. Supposedly, they will separate it. Commissioner Plummer: That their facilities can separate it. Mr. Odio: But that's two to three years away, Commissioner. Vice Mayor Dawkins: OK. Now, the small minority haulers that you're going to acquire... And I'm just going to use this, Mr. Williams, as an example. Miller Dawkins gets a contract with two trucks. My truck breaks down. How am I going to pick up the garbage? Mr. Williams: If Miller Dawkins has a contract with the City, then... Vice Mayor Dawkins: You just said that with the garbage, small minority businesses will be considered. Mr. Williams: We certainly will recommend that to you, Vice Mayor. Vice Mayor Dawkins: Now, all right. So therefore, I bid, I'm the low person, I got two trucks. I'm given, for lack of a better word, a route, you know, just for discussion. Mr. Williams: Sure. Vice Mayor Dawkins: One of my trucks breaks down. Now what? Mr. Williams: It would be your responsibility to identify... Vice Mayor Dawkins: And if I don't get it up and... That's fine. I have no problem with that. But if the other truck breaks down, now, and I can't pick up any garbage, whose responsibility is that? Mr. Williams: The City holds ultimate responsibility, Vice Mayor, but as a contractor... Vice Mayor Dawkins: OK. All right. Hey, that's all I need to know, that the City is going to back him up. I don't know with what, but back him up. Thank you. I have no further questions. Mayor Clark: Any further questions? Commissioner Plummer: Yeah. Mr. Mayor, I would propose as an amendment to this resolution that until such time as we have made a determination, that the proposed thirty dollar fee for recycling be dropped at this time, and take it out of the budget. Mr. Odio: I agree. Commissioner Plummer: We are going to do it in-house, and I don't think that it's necessary. We have the potential there, so I would include the dropping of the thirty dollar fee at this time for the recycling. Vice Mayor Dawkins: Are you saying - and I need to know - that the thirty dollar recycling fee that you figured in to balance the budget, you're taking it out, and the budget will still be balanced? Commissioner Plummer: Yes, sir. That's up to the Manager to balance the budget. Vice Mayor Dawkins: No, no, no. But you're the one who... 13 July 26, 1994 Mr. Williams: Well... Vice Mayor Dawkins: No, this is your recommendation. The Manager did not make this recommendation. J.L. Plummer made this recommendation. Commissioner Plummer: No. The Manager recommended that we put it in the upcoming budget. I'm, in effect, saving we're not going to put it in the budget, and the Manager has got to go back and readjust the budget to compensate for it. That's his responsibility. Now, when you want me to do it, you're going to pay me the Manager's fee. I'll show you how to do it. Vice Mayor Dawkins: No. But I wish you'd let the Manager bring it up and discuss it... Mayor Clark: All right. Very good. Vice Mayor Dawkins: ... rather than for you to sit over there and philosophize. Mayor Clark: Very good. As amended, as amended. Any further discussion? Call the roll, Madam Clerk. Vice Mayor Dawkins: I'm going to vote no, and I'm going to tell you why I'm voting no. I do not have enough information here that talks about the things that everybody up here says they are committed to, and that is the preservation of the present people's jobs. I don't hear you... I do not see the RF... the... whatever it is you're talking about putting out. I have not read it to ensure that the present work force is taken care of. I don't know what you're putting out. I have to vote no. Thank you, Mr. Mayor. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-547 A RESOLUTION, WITH ATTACHMENT, APPROVING THE INVITATION FOR BIDS, IN SUBSTANTIALLY THE ATTACHED FORM, AND AUTHORIZING THE CITY MANAGER TO ADVERTISE AND ISSUE SAME ON OR AFTER OCTOBER 1, 1994, FOR THE PROVISION OF RESIDENTIAL GARBAGE, TRASH AND RECYCLING SERVICES, THE COLLECTION AND DISPOSAL OF WASTE ILLEGALLY DUMPED ON CITY STREETS, RIGHTS -OF -WAY AND PROPERTY, AND THE CLEANUP AFTER SPECIAL EVENTS HELD IN THE CITY OF MIAMI; PROVIDING THAT FOR PURPOSES OF THE BIDS, THE CITY OF MIAMI BE DIVIDED INTO TWO (2) ZONES; FURTHER PROVIDING FOR THE SUSPENSION OF THE PROPOSED THIRTY DOLLARS ($30.00) RECYCLING FEE AND DIRECTING THE CITY MANAGER TO REMOVE SUCH RECYCLING FEE FROM THE PROPOSED BUDGET, PENDING A DETERMINATION WITH REGARD TO THE FEASIBILITY OF PRIVATIZING THE SERVICES CURRENTLY PROVIDED BY THE SOLID WASTE MANAGEMENT SYSTEM. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: Let me explain why I voted on the motion. The reason I did so is because I believe that the commercial was sort of an experiment that was done in the past. I was not here when that decision was made. At the same time, I need something else, and some other information to be able to compare with my own department and see how we're doing. Yes. Commissioner Plummer: As I stated before, I am looking at three areas: Employees, cost, and level of service. I vote yes. Mayor Clark: I vote yes. I haven't said a word. Now, this is only seeking information, basically. This is not trying to look into a crystal ball. This is not committing us to anything. I vote yes on the motion. COMMENTS MADE AFTER ROLL CALL: Commissioner De Yurre: Mr. Mayor, before we move on to the next item... Mayor Clark: I have... Go ahead. Commissioner De Yurre: You know, we've had a whole situation, which I believe has been very negative to the City of Miami with this recycling fiasco that has been going on. And I know, not only from the calls that we received, but there... Also, I gauge it by my wife's reaction. And my wife is one pissed off woman, after all that's been going on. And I feel that we have to give an apology to our citizens for what has transpired. If not as a Commission, I certainly want to apologize to this community for the way that this has been handled. I believe it has not been handled properly, and I certainly hope that this will be remedied immediately. Mayor Clark: Thank you for your concerns and the concerns of Betty, also. i - 15 .July 26,1994 ---------------------------------------------------------------------------------------------------------------- 4. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ----------------------------------------------------------------------------11,----------------------------------- (A) Signed picture frame from K.I.D.S., Inc. (Kids in Dade Society) to Mayor Stephen P. Clark -- for his contributions to the organization / sponsorship of a child for the past five years. ---------------------------------------------------------------------------------------------------------------- S. ACCEPT BIDS OF NINE SUPPLIERS (1) RC ENTERPRISES; (2) MARTIN ASSOCIATES; (3) BARNETT'S OFFICE SUPPLY; (4) APRICOT OFFICE SUPPLY; (S) CASCADE DEVELOPMENT CORP.; (6) TROMPEX CORP.; () XIPS CORP.; (8) MIRITECH INTERNATIONAL; AND (9) N & K ENTERPRISES FOR FURNISHING SPECIFIED STOCK / NONSTOCK OFFICE SUPPLY ITEMS TO GSA / STOCKROOM. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Number 3 is the... Commissioner Plummer: Move it. Mayor Clark: Is there a second? I Commissioner Gort: Second. Mayor Clark: Mr. Dawkins. Does GSA (General Services Administration) have an approximate assessment of the City's current inventory of supplies? i Mr. Cesar Odio (City Manager): Yes, sir. Do we have an assessment of the inventory of supplies? Mr. Ron Williams: Yes, we do, Mr. Mayor. Mayor Clark: Is it decent? We've ordered a lot. Do we... We're not piling on pile on... Yes, ma'am. Ms. Judy Carter: Yes, sir. At this time, we've basically depleted our inventory, which is why we have issued a new bid for such supplies. This will carry us for the entire fiscal year, and it is consistent, in around the same amount of dollars that we have requested in previous years for same. i Mayor Clark: Thank you, ma'am. Commissioner Plummer: It's amazing around here, Mr. Mayor, how at the end of the year, how much money they have left over is the amount of the bid that actually goes out. It's just amazing. Mayor Clark: Well, we got to keep the heart working, you got to put blood in there. All right. Motion and a second. If there's no exceptions, Madam Clerk, cast a unanimous ballot. 16 July 26,1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-548 A RESOLUTION ACCEPTING THE BIDS OF NINE (9) SUPPLIERS FOR THE FURNISHING OF SPECIFIED STOCK AND NONSTOCK OFFICE SUPPLY ITEMS, AS NEEDED, ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION / STOCKROOM, AT A TOTAL PROPOSED COST OF $192,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1994-1995 INTERNAL SERVICE FUND -CENTRAL STORES ACCOUNT NO. 420801-700; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE AVAILABIt.ITY OF FUNDS. j (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: f AYES: Commissioner Wifredo Gort I Commissioner Victor De Yurre j Commissioner J. L. Plummer, Jr. i Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark i NAYS: None. f ABSENT: None. 1. 4 ----------------- ---------------------------------------------------------------------------------------------- 6. APPOINT / REAPPOINT / CONFIRM INDIVIDUALS TO SERVE AS MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD. (Appointed were: Oscar De La Guardia & Scott Warfman. Reappointed were: Kevin Marshall & Robert Grill. Confirmed was: Virgil Fernandez. Pending still is one appointment.) -------------------------------------------------------------- ------------------------------- ------------------- i i Mayor Clark: Item number 4. Commissioner Plummer: number 4. My appointments, Mr. Mayor, are Scott Warfman and Robert Grill. Mayor Clark: Mr. Gort. Commissioner Gort: I'll skip that. Mayor Clark: You'll hold on for a sec. Mr. Dawkins. Vice Mayor Dawkins: Norma Hendrix and Sam Mason. i 17 July 26,1994 4 Mayor Clark: All right. Mr. De Yurre. Commissioner De Yurre: I'll give you the other name that I have later. Mayor Clark: All right. With those... Commissioner Plummer: He'll give you the other names. Mayor Clark: There's a motion and a second. If there's no exception... Commissioner Plummer: Mr. Mayor, may I include, or do I need to include, Mr. Manager, on that committee of the tax, which I'm heading up for this Commission, Mr. Mayor, I have my appointment there is Mr. Carlos Arboleya. Do I need to... Mr. Odio: (INAUDIBLE)... on the Affirmative Action. Commissioner Plummer: OK. Just on this one. OK. Commissioner Gort: Mr. Mayor. A. Quinn Jones, III, Esq. (City Attorney): You also need to confirm the one appointee of the Miami Association of Fire Fighters, Virgil Fernandez. Mayor Clark: All right. Mr. Gort. Commissioner Gort: I'm sorry, Mr. Mayor. On 4, I need to confirm Kevin Marshall. i Mayor Clark: Kevin Marshall. Commissioner Gort: And my other appointment, I'll get you the name in a little while. Richard is getting it for me. Mayor Clark: There's a motion and a second. Madam Clerk, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-549 A RESOLUTION APPOINTING FIVE (5) INDIVIDUALS AND CONFIRMING THE APPOINTMENT OF ONE (1) INDIVIDUAL TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 18 July 26,1994 Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 7. (A) RECONSIDER PRIOR DEFERRAL OF CA-5 (PROPOSED RESOLUTION AUTHORIZING NEGOTIATION OF TERMS / CONDITIONS OF A PARK PERMIT FOR USE OF DESIGNATED AREAS ON WATSON ISLAND FOR 30-DAY PERIOD BY NMMA BOAT SHOWS, INC. -- FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SHOW). (B) AUTHORIZE CITY MANAGER TO NEGOTIATE TERMS I CONDITIONS OF A PARK PERMIT FOR USE OF DESIGNATED AREAS ON WATSON ISLAND FOR 30-DAY PERIOD BY NMMA BOAT SHOWS, INC. -- FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SHOW (FEBRUARY 16-22, 1995). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Mr. Mayor, point of special privilege. Mayor Clark: Yes, sir. Vice Mayor Dawkins: Lucia Dougherty said that it would hold up things if we don't pass CA-5. Ms. Matty Hirai (City Clerk): Mr. Vice Mayor, the microphone, please. Vice Mayor Dawkins: Lucia Dougherty said that it would hold up things if we didn't pass CA-5. I don't know what it would hold up, but I'd like to make a motion to reconsider CA-5. Commissioner Plummer: I'll second the motion. Mayor Clark: Could you... CA-5. Commissioner Plummer: Yeah. This is in reference to Watson Island being used for a sailboat boat show. Mayor Clark: OK. Commissioner Plummer: All we're doing here, Mr. Mayor, for the record, is merely giving them the go-ahead to proceed. The Manager will negotiate very lavish and great terms in behalf of the revenue for the City, and come back later at a... 19 July 26,1994 d Mr. Cesar Odio (City Manager): It's about fifty thousand dollars. Commissioner Plummer: How much? Mr. Odio: About fifty thousand dollars. Commissioner Plummer: No, sir. You're going to get a hell of a lot... Mr. Odio: For thirty days. Commissioner Plummer: Don't insult me, Mr. Manager. Mr. Odio: For thirty days. i Mayor Clark: Just a moment. Let's not... i Commissioner Plummer: But that... I second the motion. Mayor Clark: All right. For the record, so people understand, this is a permit, negotiated permit for the use of the designated areas of Watson Island for a thirty -day period by the NMMA Boat Shows for parking, concession and exhibit space, in connection with the Miami International Sailboat Show to be held there February 16th through 22nd, '95. Motion and a second. Commissioner Plummer: Excuse me. I thought it was twenty-one days total instead of thirty. Mr. Odio: Thirty days. A. Quinn Jones, III, Esq. (City Attorney): Thirty days. Ms. Diane Johnson: Total thirty days, including the show dates. Commissioner Plummer: OK. Mayor Clark: Motion by Mr. Plummer and seconded Mr. Dawkins. With no exception, cast a unanimous ballot. Commissioner Plummer: Yes, sir. July 26,1994 The following motion and Resolution were introduced by Commissioner Plummer, who moved their adoption: MOTION NO.94-550 A MOTION TO RECONSIDER PRIOR VOTE WHICH DEFERRED AGENDA ITEM CA-5 (PROPOSED RESOLUTION TO AUTHORIZE MANAGER TO NEGOTIATE TERMS AND CONDITIONS OF A PARK PERMIT FOR USE OF DESIGNATED AREAS ON WATSON ISLAND BY NMMA BOAT SHOWS, INC. FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SHOW FEBRUARY 16-22, 1995). [Note for the Record: Agenda item CA-5 was immediately thereafter passed and adopted as Resolution No. 94-550.1] RESOLUTION NO.94-550.1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND CONDITIONS OF A PARK PERMIT FOR THE USE OF j DESIGNATED AREAS ON WATSON ISLAND FOR A THIRTY (30) DAY PERIOD BY NMMA BOAT SHOWS, INC. FOR PARKING, CONCESSION AND EXHIBIT SPACE IN CONNECTION WITH THE MIAMI INTERNATIONAL SAILBOAT SHOW TO BE HELD FEBRUARY 16-22, 1995; SAID TERMS AND CONDITIONS TO BE SUBJECT TO COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY THE CITY ATTORNEY, INCLUDING BUT NOT LIMITED TO THOSE PRESCRIBED BY APPLICABLE CITY CHARTER AND CODE PROVISIONS, AND FINAL 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 Plummer, the motion resolution were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayo: Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. j" ABSENT: None. I 21 July 26,1994 -;----------------------------=------------------- 8. (A) APPOINT ESTHER MAE ARMBRISTER AS A MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (B) APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (Appointed were: Pancho Diez-Rivas, Tom Moore and Esther Mae Armbrister [as the at large appointee]. Reappointed were. Robert Masrieh, Michael J. Samuels, Joyce Nelson, David J. Gell, Cynthia Shelley, Ted Stahl and Clark Cook.) (See label 10B) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 6. Commissioner Plummer: Wait, wait a minute. What about item 5? Mr. Cesar Odio (City Manager): Coconut Grove Parking Advisory... Mayor Clark: Well, you went back to see CA-5. We're beginning with 6. Commissioner Plummer: No. Regular 5, Mr. Mayor. Mayor Clark: OK. Commissioner Plummer: My appointment to that is Mr. Randy Hill. Commissioner Gort: Is this 5? Commissioner Plummer: Yeah. Mayor Clark: I'm the one that had three appointments on that, J.L. Vice Mayor Dawkins: Hold it, hold it. Commissioner Plummer: Excuse me? Commissioner Gort: Which one? Mayor Clark: On CA-5. Mr. Odio: It has to be three appointments from the Mayor. Mayor Clark: What's that? Mr. Odio: You need... It's from the Mayor. He has three appointments. Mayor Clark: All right. Robert Masrieh, Tom Moore and Pancho Diez-Rivas. Anything else? Mr. Odio: And one member by the City Commission. Mayor Clark: All right. You got a member? Vice Mayor Dawkins: Wait a minute. Hold it, hold it, hold. 22 July 26,1994 Commissioner Gort: Wait a minute. Commissioner Plummer: I don't understand this at all. Vice Mayor Dawkins: I don't understand that. I don't understand that at all. Mr. Odio: Well, I have a break... This is the breakdown I have. It says three members elected for appointment by the Mayor from a list of at least seven candidates proposed by the Coconut Grove Chamber of Commerce. Commissioner Plummer: Well, wait a minute. How... Excuse me. Mr. Odio: This is the agreement you worked out, Commissioner. A. Quinn Jones, I11, Esq. (City Attorney): It's out of ordinances... Commissioner Plummer: How does the... Please, I'm not trying to delete from the Mayor's position. Mr. Odio: This is the ordinance that was passed. Commissioner Plummer: But there's five members of this Commission. The Mayor gets three. Does that mean we each get one? Mr. Odio: You get one member, period. Commissioner Plummer: OK. Mr. Odio. It says... Let me read it for the record. This is the ordinance, now. Mayor Clark: Read the ordinance. Commissioner Plummer: I have no problem. I merely asked you. Mr. Odio: It says: Four members recommended by the Cocoanut Grove Village Council to be confirmed by the City Commission. One mem..." Vice Mayor Dawkins: Wait now, wait now, wait now. Read that again. Mr. Odio: "Four members recommended by the Cocoanut Grove Village Council to be confirmed by the City Commission." Vice Mayor Dawkins: OK. Go ahead. Mr. Odio: "One member recommended by the Off -Street Parking Authority, to be confirmed by the City Commission." Vice Mayor Dawkins: Go ahead. Commissioner Plummer: Yeah. Mr. Odio: "One member is to be appointed by the City Commission." 23 July 26,1994 Vice Mayor Dawkins: Go ahead. Mr. Odio: "The director of the Department of Off -Street Parking shall serve as an ex officio nonvoting member." Vice Mayor Dawkins: Now, where are the three for the Mayor? Mr. Odio: The three is the first one. It's three members selected for appointment by the Mayor. Vice Mayor Dawkins: How many members all total? Mr. Odio. So you have three... Mr. Jones: Nine. Mr. Odio: Nine. Mr. Jones: Nine and one. Commissioner Plummer: Are you, in effect, saying that the City Commission, we have no members to appoint at. all? Mr. Odio: Commissioner, this is the ordinance that you passed. Commissioner Plummer: I'm asking the question. Mayor Clark: When was the ordinance passed? Commissioner Plummer: Last year. Mr. Odio: Last year. Mayor Clark: Thank God I wasn't here. Mr. Odio: March 24th. Vice Mayor Dawkins: OK. Go ahead. No problem. Mr. Odio: It was adopted March 24th of 1994. Vice Mayor Dawkins: Go ahead. Make your appointments, Mr. Mayor. Let's go so we can go home by seven o'clock. Mayor Clark: Yeah. I make the... Commissioner Plummer: OK. Because I think it's very important that Mr. Randy Hill, who is one of the owners of the property in the Grove, should be considered. Vice Mayor Dawkins: Well, the Mayor may not feel like that, if he don't appoint him. Let's go. Commissioner Plummer: Well, OK. Vice Mayor Dawkins: Go ahead, Mr. Mayor, with your appointees. 24 July 26,1994 ' Mr. Odio: Well, he's in the list, Commissioner. Randy Hill is in that list, if you look at your packet, that is recommended. Vice Mayor Dawkins: That still doesn't mean the Mayor has to appoint him. Commissioner Primmer: OK. Mayor Clark: Robert Masrieh, Tom Moore and Pancho Diaz -Rivas. Vice Mayor Dawkins: That's his three. Let's go. Commissioner Gort: Well, excuse me. I think we get to propose someone now? Vice Mayor Dawkins: Yeah, we do. Yeah. Each one of us can appoint one of them, then all four of us have to vote on the one. Commissioner Gort: OK. I'd like to... I'm sorry. Am I... Mayor, can I propose someone now? Mayor Clark: Go ahead. Vice Mayor Dawkins: Who? Commissioner Gort: Cornelias Shiver. He's a member of the Village Council, an active member, born in Coconut Grove. Mayor Clark: Who's yours, J.L.? Vice Mayor Dawkins: I'd like to recommend Ms. Armbrister. Mayor Clark: All right. How about you, Mr. Plummer? Commissioner Plummer: Randy Hill. Mayor Clark: All right. Mr... Commissioner De Yurre: I don't have any. Commissioner Plummer: You don't have any? Commissioner De Yurre: Don't have anyone. Commissioner Plummer: You look... Commissioner De Yurre: You're only going to pick one out of all these, so, you know. Commissioner Plummer: You live in the Grove. Mayor Clark: All right. Let's vote on the first, Mrs.... who? Vice Mayor Dawkins: Armbrister. Mayor Clark: Call the roll on Ms. Armbrister. If she gets three votes, she's in. 25 July 26,1994 The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-551 A MOTION APPOINTING MS. ESTHER MAE ARMBRISTER AS THE AT LARGE MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort j ABSENT: None. I Commissioner Gort: That's it. i Mayor Clark: Now cast a unanimous ballot on the others. Commissioner Gort: Yes. Vice Mayor Dawkins: Let's go. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO.94-552 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS 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 Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins 1 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Sometimes you guys got to watch out how you pass these ordinances. 26 July 26,1994 ---------------------------------------------------------------------------------------------------------------- 9. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Reappointed were: Stephen D. Pearson, Esq., Gregg Adams, Roger Barreto, Hon. Philip Bloom, Douglas C. Broeker, Esq., Stan Cann, Pamela A. Chamberlin, Esq., Mary Catherine Chesser, George Childs, Peggo Cromer, Helen Eidson, Joy Finston- Landy, Kathy Gaubatz, Thelma Gibson, Chief Carlos Gimenez, Willis Harding, John Harris, William Hernandez, Don Hinson, Ruth Hopkins -Rosenthal, Adolfo Jimenez, Esq., Ruth Kassewitz, Johnathan Kroner, Clifton Lewis, Winston K. Lippert, Walter Livingstone, Suzanne Martinson, Betty Moss, Sheila W. Moylan, Esq., Rev. John Paul Nagy, Hans Ottinot, E. Albert Pallot, Esq., Alfred Browning Parker, Carmen Petsoules, David Pincus, Lauren Priegues, Chief Calvin Ross, Suzanne Salichs, Larry Schokman, Robert H. Smith, Esq., Joyce Thompson, Endre Toth & Betty Waldor.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Number 6 is appointments for the Committee on Ecology, to recommend the whole list of directors. Did you look through them? Commissioner Plummer: Yeah. Just whatever they are, just appoint them. Commissioner Gort: I'll move it. Commissioner Plummer: Second. Mayor Clark: With no exception, cast a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-553 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMITTEE ON ECOLOGY AND BEAUTIFICATION FOR TERMS OF OFFICE AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 27 July 26,1994 i i Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 10. (A) APPOINT INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD. (Appointed were: Doris K. Scheer & Quinton Hedgepeth.) (B) (AG 5 Continued) RATIFY TED STAHL TO SERVE AS A MEMBER f OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE (RECOMMENDED BY OFF-STREET PARKING ADVISORY COMMITTEE). (See label 813) -------------------------------------- ------------------------------------------------------------------------- Mayor Clark: Number 7. Commissioner Plummer: Item 7, my... I have one appointment, Ms. Doris K. Scheer. Mayor Clark: You have one, Mr. Dawkins? Vice Mayor Dawkins: I have one. I have one. Dr. Quinton Hedgepeth. Mayor Clark: Hedgepeth. Any other appointees? Commissioner Gort: Move it. Mr. Cesar Odio (City Manager): You have to vote on Ted Stahl, who was nominated by the Off - Street Parking Authority. Commissioner Plummer: That was back on item 5, right? Mr. Clark Cook: Item 5, yeah. I { Mr. Odio: Oh, I'm sorry, I'm sorry. Was he appointed, is my question on him. Is that what i you're asking? Mr. Cook: That's what... We had him... He was the appointee, they suggested we appoint him. Mayor Clark: Ted Stahl Commissioner Plummer: I ratify their appointment. i 28 July 26,1994 i Mr. Cook: It's the Commission's... Mayor Clark: Is there a second adding to that, added to that last resolution. Now, Mr. Dawkins made his appointment, and Mr. Plummer has made his appointment. Second? With no exception, cast a unanimous ballot. That is Quinton Hedgepeth and Doris K. Scheer. Commissioner Plummer: That's for the Planning Board. Vice Mayor Dawkins: Yes. Mayor Clark: Yes, sir. Planning Advisory Board. Commissioner Plummer: Yes, sir. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-554 A RESOLUTION APPOINTING INDIVIDUALS AS REGULAR MEMBERS OF THE i PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, TO SERVE f TERMS AS DESIGNATED HEREIN. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. i i 29 July 26,1994 11. DISCUSSION CONCERNING THE POLICE DEPARTMENT'S NORTH SUBSTATION -- INSTRUCT ADMINISTRATION TO COMPLETE ALL REPAIRS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now, we have number 8. Mr. Dawkins, North Substation. Vice Mayor Dawkins: OK. Mr. Manager, where are we with all of the deficiencies, correction of the deficiencies? Mr. Cesar Odio? Yes, sir. I have... Would you please tell him? Thank you. Major Gwendolyn Boyd: Good morning. Major Gwendolyn Boyd, the Commander of the North District Substation. We're glad to report that we have made significant progress with the list of deficiencies at the North District Substation, thanks to Mr. Ron Williams and Lieutenant Joe Longueira. They have been extremely helpful to us. Out of the eighteen items that needed to be addressed and corrected, we're now down to only eight, but they're a major eight. Vice Mayor Dawkins: What are the eight? Major Boyd: OK. We have the removal of the louvers covering the windows of the station. And we forwarded a memo to Mr. Williams asking for him to make the arrangements to have that done. Vice Mayor Dawkins: All right. That's number one. What's the next one? Major Boyd: The next one is the carpeting throughout the North District. Vice Mayor Dawkins: OK, number two. What's the third one? Major Boyd: The sprinkler system still does not work. Vice Mayor Dawkins: All right. Four, that's number four. Go ahead. Major Boyd: The key card system is working, but we do not have the key cards for the station personnel. Vice Mayor Dawkins: That's number one. That should be... That should go over the louvers, in my opinion. Go ahead. Major Boyd: The pressure cleaning of the rear sidewalk entrance. Vice Mayor Dawkins: OK. Major Boyd: And the interior of the building was in the process of being painted. The job was almost completed, but the painters ran out of paint, so they have to come back and finish that job, as well as the exterior of the building. Vice Mayor Dawkins: Are you satisfied with the progress that they're making, Major? Major Boyd: Oh, yes. They're making... They were doing an excellent job. 30 July 26,1994 Vice Mayor Dawkins: All right. Now, Mr. Manager, will you... Mr. Mayor, will you ask them to report back to us at the September meeting, so we can see if the rest of the work is corrected, please? Mayor Clark: Yes, I sure will. Mr. Manager, in addition to that, in addition to the request made by Mr. Dawkins, the Miami Police Department, downtown Police Department, needs a pressure cleaner to clean the walls, outside walls, and all the walls of the station where the mold is growing so, it's becoming a gray, a deep gray, and I think that's a terrible thing. We've got to clean that up. Chief... Yes, we've got to clean that up, along with this. Just a pressure cleaning is all it needs. Mr. Odio: Also, we need to do some interior work. We know that we have to redo the cafeteria, and we are finishing the Administration building, which was in bad shape, so then we'll go to the police station. Lt. Joseph Longueira: And, Mr. Mayor, you're a hundred percent right. That's a... We just received estimates on the pressure cleaning and resealing of all that... Mayor Clark: Yes. Lt. Longueira: ... because that's a beautiful building, you're right. Mayor Clark: It is. Lt. Longueira: And Public Works is about to present us with some bids to get that completed. Mayor Clark: All right. Fine. Include that... Commissioner Plummer: A hundred million dollars a year, and you ran out of paint. Mr. Odio: I don't know why you... Commissioner Plummer: Is it a joke, or is it a joke? Mr. Odio: No. See, you are making it into a joke. Commissioner Plummer: It's embarrassing. It is embarrassing to sit here and tell me that an organization that has a hundred million dollars a year ran out of paint. Mr. Odio: I'll tell you what, we were painting... Commissioner Plummer: That's worse than a joke. Mr. Odio: We were painting upstairs, and we ran out of paint. I had to go and buy more gallons. They calculate so many gallons, and so they ran out of gallons, so they went and got some more. Mayor Clark: All right. You're going to get the job done, that's the important thing. Commissioner Plummer: May I ask another question, please? Mayor Clark: Yes, sir. Commissioner Plummer: How old is that building? 31 July 26,1994 (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: No. The building in question, in the north end. Major Boyd: It was occupied in 1989. Commissioner Plummer: OK. Did we have any kind of guarantee with the sprinkler system? Major Boyd: I have no idea. Mayor Clark: You got to check back through Public Works for whoever built the building. Commissioner Plummer: I mean, it would seem like to me that there was a... If there is a problem with the sprinkler system, that's safety. That's life safety. Lt. Longueira: No. It's not the fire sprinkler. She's talking about the lawn sprinklers. Commissioner Plummer: The lawn sprinklers? Major Boyd: From my understanding, it never worked. Mayor Clark: Did they ever turn the water on? Major Boyd: No. Mayor Clark: That's the problem. Major Boyd: The yard is very dry. Mayor Clark: All right. Fine. Let's move to the next item. Thank you. Major Boyd: OK. We have two other items, too, Commissioner. Did you want to hear those two? Vice Mayor Dawkins: No, ma'am, just... Commissioner Plummer: No, no, stop, stop, please. No more. Vice Mayor Dawkins: Stop. We're just saying that we want them all repaired by next week... You coming back next month. OK? Major Boyd: Thank you. Commissioner Gort: Mr. Mayor. Mayor Clark: I'm listening. Vice Mayor Dawkins: I'll reschedule it for the hearing next month, and all of them should be done. Mayor Clark: All right. Commissioner Gort: I think if we go into... 32 July 26,1994 Vice Mayor Dawkins: I mean in September. Commissioner Gort: ... if we go into Code Enforcement, and we're asking the residents that they have to maintain their property, I think we should do the same thing with all our properties. Whenever we get a report back on any one particular property? I'd like to get a report back on all the City properties. I know in the Administration Building, they've done a good job there and it looks great. So, in the future, I'd like to get a report on all our properties, and make sure we're maintaining all our properties. Mayor Clark: Yeah. If they don't get a steam cleaner, I'll get one. I'll show you how to clean it. Commissioner Plummer: If Code Enforcement doesn't do any better with the City than they do with the private, we won't worry about it. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 12. DISCUSSION CONCERNING PROPOSED REGULATION OF THE DOWNTOWN STREET VENDING ACTIVITY -- DIRECT ADMINISTRATION TO INCLUDE IN ALL LICENSE RENEWAL NOTICES TO PRESENT VENDORS PRESENT PLANS BY THE CITY TO ADOPT MORE STRINGENT GUIDELINES TO REGULAR VENDORS' ACTIVITY IN THE DOWNTOWN AREA. ---------------------------------------------------------------------------------------------------------------- Mayor CIark: All right. Now we have number nine, written response due. Downtown street vending activity. Mr. Gort. Mr. Gort: Mr. Mayor, one of the problems that we've had in downtown Miami, the street vendor was created back in 1985, '86 and... Actually, help me on this one. And unfortunately, the scope of service that was to be provided was of great service, and we had certain restrictions that we put to these vendors, but, unfortunately, it was never enforced. I think there's a need to restudy and we've got Arlene Weintraub here from the NET (Neighborhood Enhancement Team), and I'll let her go into the detail. Mayor Clark: All right. OK. Ms. Arlene Weintraub: Good morning. Mayor Clark: Anything further? Mr. Gort. Commissioner Plummer: Well, Mr. Mayor, I think one of the problems, for Mr. Gort's edification - and he wasn't here before - I don't think you can just limit it to the downtown area. When you study it, you've got to study it unifiedly, because one of the biggest problems that we had here, Willy, before, the downtown was bad. But let me tell you, the worst was over around the municipal justice building. And even worse than that was in and around the Orange Bowl, where people, for a game at the Orange Bowl, would just bring a barbecue pit over there, and start cooking, and selling out of a barbecue pit. We counted it one time in the Orange Bowl vendors... And they all come under the same category, that's the problem. When you study it, you study it from one end to the other. Max Cruz came before this Commission at one meeting 33 July 26,1994 and said that he had counted over four hundred vendors in and around the Orange Bowl at a given event. I'm thinking from the standpoint of health and sanitation, when you look at some of these carts in the downtown area. One of the things, Mr. Gort, that was very emphatic, that has not been enforced in the downtown area, for whatever reason, there were given locations. Commissioner Gort: Right. Commissioner Plummer: And I'll tell you something. They have proliferated to where there's just no rhyme or reason of where they are. Gesu Church, for example, you've got to walk over those people to get into Gesu Church, and they'll defy you to work over them. So I say to you, sir, that there is really the need, I brought to the Manager's attention on so many... And Commissioner Dawkins, I'm sure, is now aware, when we have an event in Bayfront Park, where there are only four, I think, locations, directly across the boulevard, we will have thirty and forty vendors that are there, and the minute dark appears, every one of them are in the park, selling in the park. And I mean to tell you, they're selling scotch, and vodka, and tequila, and things that are just really horrible. Mr. Cesar Odio (City Manager): Mr. Mayor Mayor Clark: Yes, sir. Mr. Odio: Commissioner Gort, I told Public Works the other day, and the NET Administrator, I'm for prohibiting vendors in downtown Miami, period, especially Flagler Street. The sidewalks are not wide enough. There are people there taking away businesses from people that are paying taxes. No, I cannot say that? I cannot say anything. Commissioner Plummer: No. It's got to be on safety, Mr. Manager. Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor. Mr. Odio: On safety, it's not safe. The sidewalks are too narrow. Mayor Clark: All right. Commissioner Plummer: Well, it's not a simple subject, is what I'm telling you. Mr, Gort... Mayor Clark: All right. Mr. Gort has the floor. Commissioner Gort: Mr. Mayor, what I'd like to see is something very similar to what's been done in Coconut Grove. I think when we put the whole thing together, it made sense that they could only be in spots where the sidewalks were wide enough. At the same time, those people were... They give an opportunity to small business persons, individuals, to set up himself in business. Number two, it could be sort of a tourist information center. They were to wear certain uniforms, and the vehicles should have certain criteria. The problem was... And we had zones. I didn't... We didn't have that many. The enforcement was given to Public Works. Public Works does not have the time to enforce those conditions. Commissioner Plummer: We didn't have NET at that time. Commissioner Gort: At that time, we didn't have NET. I'd like to see that restudied again, something very similar to Coconut Grove. We had a meeting with the merchants, and if it's controlled, and maybe give the administration of this program to either the NET or the DDA (Downtown Development Authority), or the two combined. And I think that's what we're looking for. Arlene, you want to go into it for a minute, please? Mr. Mayor, if we may? 34 July 26,1994 Mayor Clark: You're requesting that. Yes, ma'am. Ms. Weintraub: Hi, good morning. My name is Arlene Weintraub. I'm the Administrator for the downtown NET office. What we would like to do is take the opportunity to look at the downtown NET Y-District as it relates to vending, and then bring back a proposed piece of legislation in September. Commissioner Plummer: Now, that was an entirely different ordinance. Ms. Weintraub: We would be looking at specific locations. Right now, there are about ninety- four locations, and we think, as you all have expressed, that that is way too many. So we would like to relook at the locations. But we were talking about downtown wide, not just the core, to establish a special vending district for the area. We would also be looking at the types of vendors, by merchandise, by location. Also, we would like to take a look and make suggestions as to design of the carts, bring some uniformity and some quality to the look of the vendors, an umbrella, for instance, that could be issued to all of them, maybe an apron that they wear, make it tourist friendly, and bring some festive use to the street, but not at the expense of safety and the... really, the burden that they place on our sanitation services. We'd be looking at fees, some type of a fee system, and the monies collected to be put into a special fund to go back for the items that I spoke about, including paying for the sanitation services that are required, just by these vendors being out on the street. Commissioner Plummer: Well, let me put on the record, if I may. Mr. Gort, one of my greatest concerns was two areas. Now, when it was brought to my attention by the woman who is in charge for DDA of the homeless, that they were using people of homeless - and, fine, put them to work, I think that's great - without health certificates. They were dispensing food. OK? Now, that is one area of concern. I made a motion here at one time that every one of those vendors had to demonstrate a sales tax certificate. None of them have it. None of them have health certificates. And I think that this Commission has an obligation, that if we allow them to operate in public right-of-way, that they've got to demonstrate health certificates, they've got to demonstrate sales tax certificates, they've got to demonstrate an insurance liability, holding the City not liable, to defend the City. And all of these things are very, very important. One of the things that's never been incorporated downtown was incorporated in Coconut Grove. They cannot sell, I think it's within a hundred feet, off of a vending truck what they sell anywhere within a hundred feet of there. So all of that, you got to take into consideration. Commissioner Gort: Well, that's exactly what I'd like to do. My understanding, Mr. Mayor, one of the reasons we need to let the individuals know, so when they come out to get their licenses in September, they can be informed that a study is being made, so if we pass this, it can be implemented. It's my understanding that's the recommendation we got from the Law Department, so it can state - J.L., and this will help you, too - not only to analyze and incorporate the study in the downtown area to implement, but throughout that vendor ordinance, throughout the City. OK? Mayor Clark: All right. Very good. You'll have that back in September. Mr. Maxwell: Mr. Mayor. Commissioner Gort: I make a motion... Mayor Clark: Yes, sir. Mr. Maxwell: Commissioner, if I may. As a prophylactic measure, I would suggest that you may want to also direct the Administration to include in notices of renewal of occupational 35 July 26,1994 licenses for vendors at this time, that. the City is considering revamping its vending ordinances, and certain restrictions, or more stringent restrictions may be placed on them, because they will be renewing these licenses as of October 1. And if you don't, probably, even though you have the legal authority to ban them, you will probably get a flood of complaints. So that will ease that transformation. Mayor Clark: Mr. Manager, have you absorbed this? Commissioner Gort: That's my motion. Commissioner Plummer: I'll second the motion. Mayor Clark: Have you absorbed this, what he was talking about? Mr. Odio: No, sir, I have not. j Mr. Maxwell: I was suggesting, Mr. Manager, that the Commission direct the Administration to notify vendors upon renewal, a notification of renewal of occupational license, that the City will 1 be considering adoption of more stringent ordinances regulating vending activity which may prohibit their use downtown and so forth. Mr. Odio: Yes, sir. Thank you. Mayor Clark: Very good. Let's move to item 10, a discussion by Mr. Guy Sanchez. Ms. Esther Armbrister: Mr. Mayor, my name is Esther Armbrister, and I would like to... Commissioner De Yurre: Esther, if I may before you speak. Ms. Armbrister: OK. Commissioner De Yurre: One thing that is most important that we go through every time there's something of this nature happening is, let's get the people that are interested involved at the onset. Let's not prepare an ordinance, and then all of a sudden. you know, we deal with it, and m they start juping because nobody spoke to them. Let's get them involved in the process from the "get -go," so that we can get their input in putting this together. So you may want to have your own public hearing to get their input before you come to us with any type of ordinance for consideration. Commissioner Plummer: Especially Ricky. Mayor Clark: Good suggestion. Yes, ma'am. Ms. Armbrister: I would like to say, I cannot understand why you would allow a man and other people to set up a fish sale on Grand Avenue. This happens on Friday and Saturday. There isn't any water there, they clean fish, they sell fish, and it's a stench where they do this. And I suggested that they come up here in the village and sell their fish, since you are allowing it, and take it out of the black Grove. Commissioner Plummer: You make a damn good point. Ms. Armbrister: I can't understand it. Commissioner Plummer: Because they're now selling on the street. 36 July 26,1994 Ms. Armbrister: I beg your pardon? Commissioner Plummer: They're selling on the street, rather than on private property. Ms. Armbrister: On the street, and no water. Once upon a time, there was a black man doing the same thing, and you made him move, you cut him out all together. Commissioner Plummer: No, that's a different story. He was not selling... Mr. Armbrister: Well, anyway... Commissioner Plummer: He was not selling the same thing. Ms. Armbrister: Wait, wait. Let's go with this thing. But I cannot understand. There isn't any water, and fish do have intestines. Mayor Clark: We will consider that and have the Manager look into that, and have an answer back for you, Ms. Armbrister. Ms. Armbrister: All right. Thank you. Mayor Clark: Thank you. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 13. GRANT FUNDING REQUEST ($15,000) BY ASSOCIATION INTERAMERICANA DE HOMBRES DE EMPRESA -- SUBJECT TO SAID PROGRAM BEING MONITORED BY THE INTERNATIONAL TRADE BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Item number 10, Guy Sanchez. How are you? Commissioner Plummer: She wants to take him home. Mr. Guy Sanchez: Good morning, Mr. Mayor. Good morning, Commissioners. My name is Guy Sanchez. My address is 3301 Monegro, Coral Gables. I am the past president of the Interamerican Businessmen Association. I have with me Mr. Aldo Lastro, who is the present president of the Association. Briefly, our association was founded thirty-four years ago in 1960, and it has chapters in Broward County, West Palm Beach, two in Puerto Rico, two in Dominican Republic, and one in Haiti, comprising over a thousand members. Our chapter, the Miami Chapter, has been charged with organizing the fourth Interamerican Business Forum. We have had in the past three other ones. The last one, in 1989, held in Miami. As a matter of fact, in that one, we were recipients of the help from the City of Miami, and we are here requesting July 26,1994 help from the City. And we call this forum the prelude of the summit meeting. We are going to have dignitaries and top officials from all Latin American countries, with the exception, of course, of Cuba and Haiti, to come to - with the private sector also getting involved - to come to Miami, and set up recommendations initiatives on improving on the growth of international trade and commerce with South Florida. We are doing this in conjunction with the Florida International University School of Business, and therefore, we are here requesting help from the City. Each one of you has a package of our request, and I'll be glad to answer any question you may have. We are requesting the help of fifteen thousand dollars from the City. Mr. Manolo Orques was supposed to be here. He's also past president and member of your International Trade Board, and they have been very helpful, through Mr. Manny Gonzalez, too, in trying to help in organizing this event. Commissioner Plummer: It should. Have you been to the International Trade Board? Mr. Sanchez: No, we have not. They... The International Trade Board has been helping us with some pamphlets, with the printing of some pamphlets and... Mayor Clark: Do you have a budget prepared? Mr. Sanchez: We do. What we have given in the package has all the information and all the financial help. Vice Mayor Dawkins: Mr. Manager, what's your recommendation? Mr. Odio: I recommend denial. We don't have money for that in the budget. If it's a pre - summit meeting, they could go to see Luis Laurrero (phonetic) at the Summit Committee. They are going to have monies from... Mr. Sanchez: Well, this is separate from the summit, of course. It's our own organization. Mr. Odio: No, I thought I heard you say that it was a pre -summit. Mr. Sanchez: We label this to be the prelude to the summit. We think that it's going to precede the summit and a recommendation from there will be taken. Mr. Odio: Well, what I'm suggesting to you, that it could be a pre -summit meeting, under the umbrella of the Summit Committee, and they have two million dollars from the State, two hundred thousand from the City, and five hundred thousand from the County, plus seven million dollars they're going to raise for the summit. I think if you could get under their umbrella that you would have a better chance of obtaining the funds. Mayor Clark: Mr. Manager, we're supposed to contribute money to that fund, also. How's that being divied up? Mr. Odio: It's in the budget, sir, for two hundred thousand dollars for next year. Mayor Clark: How are they going to spend that? Do they tell us how they're going to spend that? Mr. Odio: No, sir. We are part of the committee that would have to come back with a budget on how they are going to spend it, but so far, we don't know yet. Commissioner Plummer: Guy, how many people are you proposing to bring to the City? 38 July 26,1994 Mr. Sanchez: About three hundred people. And these are, of course, like I said, from the... business people and government people. Commissioner Plummer: And when is this? Mr. Sanchez: From September 28th through October 1st. Commissioner Plummer: I can't help you with the TDC (Tourist Development Council). ' Commissioner De Yurre: Mr. Mayor, on this issue about two hundred thousand dollars. You know, it gets put into the budget. If we don't ask the question now, I don't find out about the two hundred thousand being put in. What are we going to do with that money? Once we give j the money, we have no say as to how that money is going to be spent. Mayor Clark: No way. Commissioner De Yurre: So what controls can we put, if any, on two hundred thousand dollars of our money? i Commissioner Plummer: We reserve the right to approve. I Mr. Odio: You can. You have the right, to any disbursements, to approve. Commissioner De Yurre: OK. So it will come to us. 4 Mr. Odio: All I did was, I said here in the budget, there is separate two hundred thousand dollars. Now, you can tell us what you want us to tell them, how it is to be spent. i Commissioner De Yurre: OK. Because I would say let's identify two hundred thou... up to two hundred thousand that we'll be willing to spend, depending on how this Commission feels those expenditures should go; not just to hand it over to them. Mayor Clark: All right. i Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: I agreee with that. I Commissioner Gort: This association has been established for a long time. They have done a lot of business deals and transactions between Puerto Rico and other cities. I'd like to help them. I think they deserve to be helped by the City. i Commissioner Plummer: Well, are you saying you're making a motion to approve? Commissioner Gort: I'd like make a motion to approve. Commissioner Plummer: I'll make the motion to approve, as long as it is monitored by ITB (International Trade Board). I think... i Mr. Odio: Approve what, how much? Commissioner Plummer: We approve the fifteen thousand dollars, funds to be transferred to ITB, to be the monitor of how the money is spent. I'll make that motion. 39 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 14. CANCEL DADE HELICOPTER'S PRESENT USE OF WATSON ISLAND AND IMMEDIATELY INSTITUTE EVICTION PROCEEDINGS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item, number 11. Number 11. Mr. Cesar Odio (City Manager): This is Dade Helicopters. We find that we cannot collect from this company. We find that they have no occupational license, and we recommend that you authorize us to go ahead and cancel, evict them from that property. Commissioner De Yurre: So moved. Commissioner Plummer: Mr. Manager, this is a business deal. As far as I'm concerned, I second the motion. You have a judgment. You have to proceed. Mayor Clark: Any further discussion? Call the roll. 4 The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 94-556 i A MOTION AUTHORIZING THE ADMINISTRATION TO CANCEL DADE HELICOPTER'S USE OF WATSON ISLAND AND PROCEED TO EVICT SAID COMPANY FROM WATSON ISLAND. 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 J. L. Plummer, Jr. i Mayor Stephen P. Clark ! 1 NAYS: None. ABSENT: Vice Mayor Miller J. Dawkins I ! Mayor Clark: Now, item number 12. A. Guinn Jones, III, Esq. (City Attorney): Let me just, Mr. Mayor, if I can. If, in fact, with respect to Dade Helicopter Service, I'm not quite sure, even though we have a judgment of eviction which goes back to '87, we may have to start proceedings over. So in the event that we ` do, I just want... Mayor Clark: Start the proceedings over, then, if you have to. Mr. Jones: OK. Thank you. Mayor Clark: And if you need outside counsel, get outside counsel. July 26, 1994 Mayor Clark: Is there a second? Commissioner Gort: Second. i Mayor Clark: Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO., 94-555 A RESOLUTION APPROVING THE MIAMI CHAPTER OF THE ASOCIACION INTERAMERICANA DE HOMBRES DE EMPRESA'S ("ASOCIACION") REQUEST FOR A GRANT, IN THE AMOUNT OF $15,000, FOR THE PRESENTATION OF THE FOURTH INTERAMERICAN BUSINESS FORUM TO BE HELD SEPTEMBER 28 - OCTOBER 1, 1994 AND CONDUCTED IN CONJUNCTION WITH THE FLORIDA INTERNATIONAL UNIVERSITY SCHOOL OF BUSINESS; SAID GRANT BEING SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE GRANT FUNDS SHALL BE TRANSFERRED TO THE INTERNATIONAL TRADE BOARD (ITB) FOR DISBURSEMENT TO THE ASOCIACION AND, 2) THE ITB SHALL MONITOR THE ASOCIACION'S EXPENDITURE OF SAID GRANT FUNDS. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. i Mr. Sanchez: Thank you very much. 40 July 26, 1994 l Commissioner Plummer: Oh, no, please. Mayor Clark: How much they owe you in back rent? How much they owe you in back rent now? Mr. Odio: About sixty-six thousand dollars. Mayor Clark: Yeah, OK. Settle that for ten cents on the dollar. ---------------------------------------------------------------------------------------------------------------- 15. INSTRUCT ADMINISTRATION TO DEVISE A FORMULA OF FAIR RETURN TO THE CITY WHICH COULD BE APPLIED IN ORDER TO DETERMINE USER FEES TO BE CHARGED TO GROUPS PRESENTLY HOLDING LEASES FOR USE OF CITY WATERFRONT PROPERTIES. ----------------------------------------------------•------------------------------------------------------------ Mayor Clark: All right. The Outboard Club. Mr. Cesar Odio (City Manager): Sir, on item 12, I asked this item to be placed on the agenda. I need a policy decision. And basically, it's whether we go... decide what the rent should be paid to the City, based on appraised value of the property, fair market value... jMr. Eduardo Rodriguez: Based on how you... I Mr. Odio: ... or we treat them like nonprofit organizations, and we decide to charge lower rent. So it is a policy decision. Mayor Clark: Let me tell you, I'm not a member of this club, but I've been over there quite often, and these people do more for nothing than any club I ever witnessed in my life. Mr. Odio: Mr. Mayor... Mayor Clark: They take the kids out on fishing trips, they take them on conventions, they take them everywhere. Mr. Odio: We're not only dealing with that one. I'm asking for a policy on all... Commissioner Plummer: Yeah, on all. Mr. Odio: On all... ` Commissioner Plummer: That's your problem. Mr. Odio: ... nonprofit leases that we have. Mayor Clark: I think you have to deal with each one of them individually. You can't just say that this is the Outboard Club, that's everything, Miami Yacht Club, everything else. What kind of rent are they paying now or they're going to pay? Commissioner Plummer: Well, I think there's another fallacy here. Mr. Mayor, I was a longtime member of the Outboard Club, and I think, for the record, I'm an honorary member, whatever that means. I was made an honorary member. The question, I think, resolves down to 42 July 26, 1994 the membership of City residents and non -City residents. I think that's very important, because it's going to be important to me in a lot of other areas that we're going to be discussing of why the City should provide, taxes or resources, for non -City residents. And so I think that that's, you know, another facet that we have to take into consideration. Now, on Watson Island, I have to wonder what's going to happen over there at this particular time, with the new bridge. We're talking about a heliport over there, we're talking about the continuation and an RFP (Request for Proposals) of a mega -yacht. Is that what it's called? Mr. Rodriguez: That is correct, yes. Commissioner Plummer: You're talking about... And all of these are income producers. You're talking about a hotel, which I'm totally opposed to. I want to tell you that right off the bat. But these are the things you're talking about. What does that do to either deter, complement or what? Because I think what you need to do is to look at the total picture. You can't look at just one facet of the island without looking at the total concept. So I ask you that question. Mayor Clark: Well, you're talking about two sides of the island. You're talking about the bay side, and you're talking about the beach side. And I think the beach side has been established for at least thirty-five years, with a present use, with the exception of the homeless shelter and half of that building that fell apart on the highway. And you got the park over there. It's the only assemblage area for a great group of people to assemble on the east side of the high... the far side, the beach side of the island itself. What you're talking about, insofar as improvements are concerned, J.L., that's all... concerns itself about the west side, or the bay side. Commissioner Plummer: Well, Mr. Mayor, there's... You know, I don't know. That's the question I'm asking in reference to the mega -yacht basin. Mayor Clark: That's on the west side, that's on the bay side. Commissioner Plummer: Well, the hotel, the heliport. Mayor Clark: That's on the bay side, yes. Commissioner Plummer: All of that has got to be taken... You've got the Japanese Gardens over there presently. Wait a minute. There's only... There's only two sides over there. All right? Now, all I'm asking is, is not to look at a total of sixty-six acres with a microscope. What is the total picture that we, the Commission, who have to vote, should have the full knowledge of what is the total picture. That's what I'm asking. God knows, nobody has to explain to me the great work that the Miami Outboard Club does and has continued to do for years. Likewise, Miami Yacht Club. Mr. Odio: So the only question in front of you is, what should we charge them rent? What... Based on what formula? Commissioner Plummer: Let's ask you your question. Mayor Clark: What can you pay? Commissioner Plummer: What do you recommend? Mr. Sergio Perez: Thirteen thousand dollars. Mayor Clark: What do you pay? 43 July 26, 1994 Mr. Perez: We pay thirteen thousand, one hundred and thirty-three dollars a year. Mayor Clark: How much have you been paying in the past? Mr. Perez: Well, we have been paying that for about ten years. Commissioner Plummer: What is your total income? Mr. Karl Hall: Excuse me. The total income, based on 1989... Commissioner Gort: Name and address. Mr. Hall: 1993 is approximately, I think, three hundred thousand. We've already agreed with the City Asset Management Department to pay seven -and -a -half percent of gross income. Commissioner Plummer: We don't know that. OK? Mr. Hall: That's why it's here. Commissioner Plummer: That's what I'm saying. Mr. Hall: I understand that. Commissioner Plummer: We don't know that. Mr. Hall: I understand that, Commissioner. Which, for the Commissioner's information, would bring it right up to approximately thirty thousand dollars a year. That's a fair rental return. It's the exact same figures being used for the Coconut Grove Sailing Club, and other nonprofit leases with the City. Mr. Rodriguez: Mr. Mayor. Mayor Clark: Yes, sir. Mr. Rodriguez: Eduardo Rodriguez, Asset Management... Director of Asset Management. A point of clarification. The club is paying thirteen thousand, one hundred twenty since 1982. No provision for increases of cost of living was applied to that formula since that date. So that number is maybe thirteen years old. So we never... Commissioner Plummer: Well, you know, I think that they're offering a better scenario of a percentage, I really do. I think maybe seven -and -a -half is a little low. I would be more pleased with ten percent. And then, if they're doing great, we do great. If they don't do so great, we don't do so great. So I would like to go with a flat - not just for them, for all - a flat percentage of gross. Mr. Odio: My question is... Commissioner Plummer: Now, the problem... Go ahead. Mr. Odio: The ord... The referendum said that we had to get fair value for the property. Commissioner Plummer: Ten percent is a fair value. Mr. Odio: And what we need to correct here is, if we use it as a public service, then we can charge less, so that we are... we are not in violation of our own Charter. 44 July 26, 1994 N Mayor Clark: Right. Commissioner Gort: Mr. Mayor, let me give you a suggestion. My understanding, one of the reasons we give the nonprofit corporations the use of our land is for the services they're providing for the City of Miami. I think we should attach a percentage, and at the same time, request that each one of the nonprofit corporations come back with a plan on what are they going to do for our City of Miami residents, like providing fishing tournaments, which they had agreed to, and have done in the past, for the kids, and some of the other nonprofit corporations come back with a plan telling us what they are going to do in benefit for the City of Miami. And I think that would bring it up to the... Commissioner Plummer: I would also, Mr. Gort, I would like to see, and I think it's only fair, that this Commission should know that Club ABC has eighty percent of its members are City residents, City taxpayers, really, and Club DEF has "V number of residents. We make that distinction in other areas, and other cities very clearly make that distinction, that there is one price for City residents and another price for nonresidents. Now, let me tell you, in my mind - and the Manager is liable to throw rocks at me - if you use a percentage of gross, other facilities don't have boat rentals or dockage, and their gross, obviously, would be considerably less than those who do. Now, there, I think you have to make a distinction between the two. OK? And I think there's got to be a minimum annual guarantee to the City established for those who... Well, I don't know how you do it, but you've got to come up with a formula. I think ten percent is fair - Fair percent on any investment is ten percent. I think it's fair. Mayor Clark: I don't know how you're going to get away from it. All right. You got a motion? Commissioner Plummer: I'll make such a motion... Commissioner Gort: Second. Commissioner Plummer: ... that the Administration definitely come back with a percentage of gross, which I recommend it be ten, and that it be a determining factor on what community services they do, and what percentage of their membership are actually City taxpayers and City residents. Mayor Clark: You second that, Willy? Commissioner Gort: Yes, sir. Mayor Clark: No further discussion? Call the roll, Madam Clerk. July 26, 1994 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-557 A MOTION INSTRUCTING THE ADMINISTRATION TO DEVISE A FORMULA OFFAIR RETURN TO THE CITY WHICH COULD BE APPLIED IN ORDER TO DETERMINE USER FEES TO BE CHARGED TO GROUPS PRESENTLY HOLDING LEASES ON CITY WATERFRONT PROPERTIES TAKING INTO CONSIDERATION THE FOLLOWING CRITERIA: (1) THAT SAID FORMULA BE BASED ON A PERCENTAGE OF A GIVEN GROUP'S GROSS INCOME, OR THAT A FLAT PERCENTAGE OF THE GROUP'S GROSS INCOME (10%) BE CONSIDERED AS THE FAIR RETURN TO THE CITY ON SAID LEASES, IN ORDER TO ESTABLISH IN EACH CASE A MINIMUM ANNUAL GUARANTEED RETURN TO THE CITY; (2) THAT EACH GROUP PRESENT THE CITY COMMISSION WITH AN UPDATED ROSTER OF THEIR PRESENT MEMBERSHIP WITH A BREAKDOWN INDICATING PERCENTAGE OF CITY RESIDENTS WITH A VIEW TOWARD PERHAPS GIVING SOME CONSIDERATION TO SAID GROUP THROUGH LOWER MEMBERSHIP FEES; . 3) THAT EACH GROUP PRESENT THE COMMISSION WITH AN ITEMIZED LIST OF PRESENT SERVICES BEING OFFERED TO THE COMMUNITY AS WELL AS PROJECTED FUTURE PROGRAMS AND/OR SERVICES PLANNED TO BE APPROVED; AND FURTHER DIRECTING THE ADMINISTRATION TO PLACE THIS ISSUE BACK ON A FUTURE AGENDA FOR FURTHER CONSIDERATION BY THE CITY COMMISSION. 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you, gentlemen. Mr. Hall: Thank you. Commissioner Plummer: Excuse me. Is the reason that Dick Taylor is not here, is he ill? Mr. Hall: He had a court appearance this morning. Commissioner Plummer: Oh. Because I've never saw the Outboard Club here without Richard. y 16. (A) INSTRUCT ADMINISTRATION To SET A DEADLINE FOR RECEIPT OF APPLICATIONS FOR POSSIBLE PURCHASE OF A CONDOMINIUM AT THE ST. HUGH OAKS VILLAGE PROJECT -- INSTRUCT MANAGER TO HAVE OUTSIDE AUDITOR CONDUCT AND TAKE FULL RESPONSIBILITY FOR THE CONDUCT OF AN IMPARTIAL LOTTERY -TYPE DRAWING FOR SELECTION OF ELIGIBLE APPLICANTS WHO WILL BE PERMITTED TO QUALIFY FOR PURCHASE OF SAID UNITS. (B) INSTRUCT CITY MANAGER TO SET A PURCHASE PRICE OF $115,000 FOR EACH CONDOMINIUM UNIT IN ST. HUGH OAKS VILLAGE PROJECT -- STIPULATE DRAWING SHALL TAKE PLACE DECEMBER 24, 1994. (C) APPOINT VICE MAYOR MILLER DAWKINS AS PRESIDENT, AND COMMISSIONER WIFREDO GORT AS SECRETARY, OF THE CORPORATION FOR THE ST. HUGH OAKS VILLAGE CONDOMINIUM PROJECT ASSOCIATION. Mayor Clark: What's the next item? Mr. Cesar Odio (City Manager): Thirteen, Mr. Mayor. Ms. Matty Hirai (City Clerk): Thirteen, Mr. Mayor. Commissioner Plummer: Saint Hugh's. Mayor Clark: Proposed sale price and buyer selection process for the St. Oaks... Oh, this thing. God Almighty. Commissioner Plummer: Well, Mr. Mayor, we're looking here at two facets, and this was my issue that I asked to be brought forward. Number one, of course, this was originally proposed to be in the neighborhood of sixty-five to sixty-six thousand dollars. If you include... If you include the cost of land, you're over a hundred and sixty-five thousand, is my understanding. We're there. Whether we like it or not, we're there. OK? Now, my area of concern now is the distribution of how people become available to be eligible. It is my recommendation, as it has been in the past, as it is today, that there be established within a time frame, eligible, as Mr. Bailey says, people who are eligible by virtue of approval of a bank or some lending institution, and at the end of that time frame, there be a lottery drawing of who will be the recipients. And that's my recommendation. I think to do it otherwise, there's always specula... There's already speculation in the community that there's going to be partiality shown. Mayor Clark: All right. Mr. Gort. Commissioner Gort: Mr. Mayor, I have two questions. Since this is something that was passed when we were not here, first of all, what is the scope of this housing? What was... Because I read some articles in the paper where our staff mentioned that the prices... Because I think the price is something we have to discuss. And my understanding is... Are we going to set the price? Commissioner Plummer: Well, you know, if you set it less than what it is, I guess then it would have to be established, because it's going to require some kind of subsidy. 47 July 26, 1994 Commissioner Gort: My understanding is the purpose was to provide affordable housing, but at the same time, mix, and according to your words today in the papers, to bring... to keep the young professional in the neighborhood, and try to bring it back into the neighborhood, and one of the reasons why you recommended one -fifteen. The other opinion is, if you go below one - fifteen, then a lot of the people they were meant to be for were not going to be able to move there. Would you care to expand on that, if you don't mind, Mr. Mayor? Mayor Clark: I don't... It's a big headache that I didn't start. Now we're going to try to provide the medicine to cure it. Mr. Plummer has... Do you agree with that item of - I mean that motion of Mr. Plummer's? Commissioner Gort: I don't have any problem with that. I'll second that motion. Mayor Clark: All right. Mr. Herb Bailey: I'm not clear on the motion, please. Commissioner Plummer: The motion is that we set a date certain as to a cutoff date of people that are eligible and can be qualified to be a considered applicant. That at the time of that cutoff date, there be a lottery drawing of the people who would be eligible. And I want to divide, you know, diversed from politics. I don't want any member of this Commission to be pulling that lotto ball, and I think you need to get somebody independent to pull who would be the recipients of those, so that there would be no partiality in any way, shape, or form. Now, my motion does not speak, Mr. Mayor, to what you're going to be charging, and I don't know how you're going to come about that because... Vice Mayor Dawkins: We have to have one motion at the time, and get to something else. Commissioner Plummer: OK. All right. Mr. Bailey: I understand the motion. Commissioner Plummer: That's my motion, as far as how the lottery will be drawn. Mayor Clark: Seconded. All right. Commissioner Plummer: And I would suggest that you keep... Vice Mayor Dawkins: Wait till we pass this motion, J.L., so we can get... Commissioner Plummer: Excuse me. I want to include in the motion, sir, if I may, that consideration be given to Father Vaughan at St. Hugh's, to be the one who pulls the lottery. Vice Mayor Dawkins: I disagree. Commissioner Plummer: OK. Vice Mayor Dawkins: I don't want no preacher to pull it. That's gambling. Preachers shouldn't be bothered in gambling. Commissioner Plummer: Who... All right. Then take the preacher out. I just thought that might be.... Mr. Odio: Why don't we get our outside auditor to do it? Mayor Clark: All right. We'll get somebody, don't worry. Commissioner Plummer: OK. Commissioner De Yurre: Mr. Mayor, discussion. Mayor Clark: All right. Commissioner De Yurre: What are the parameters for qualifying people to be part of the lottery? Commissioner Plummer: The bank or the lending institution, that's what I said. They would be qualified by those lending institutions. Commissioner De Yurre: OK. So you're talking... Let's say we're talking about the hundred and fifteen thousand dollar price? Mr. Bailey: We're recommending that... Commissioner Plummer: Well, we're going to decide that in another motion, I understood. Commissioner De Yurre: No, no, no, because that is going to be part of the parameters, in order to qualify. You have to qualify for a certain price, purchase price. You could qualify for sixty thousand and not for one -fifteen. Commissioner Plummer: I hear you, but they wanted it in two motions. Do you want to do... Do you want to talk to the price first and then the lottery second? It's fine with me. Commissioner De Yurre: I just want to make sure what those par... I have no problem with the concept of a lottery, so if that's the motion, let's -go ahead, and then let's talk about the parameters as to who's going to qualify. Commissioner Plummer: Well, I... Excuse me. At a former hear... Mayor Clark: You want this motion passed or... Commissioner Plummer: That's fine with me, but the problem is, according to the City Attorney, at a previous hearing, you cannot stipulate who can qualify. You have to have it open to all people who are interested. Mayor Clark: Well, let's move this motion. Commissioner De Yurre: At a given price. Commissioner Plummer: OK. Mayor Clark: Call the roll. 49 July 26, 1994 3 i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-558 A MOTION INSTRUCTING THE ADMINISTRATION TO SET A DEADLINE FOR RECEIPT OF APPLICATIONS FROM INDIVIDUALS SEEKING TO BECOME ELIGIBLE AND BE CONSIDERED FOR PURCHASE OF CONDOMINIUMS IN THE ST. HUGH OAKS VILLAGE CONDOMINIUM PROJECT; FURTHER I INSTRUCTING THE MANAGER TO HAVE AN OUTSIDE AUDITOR TO BE j RESPONSIBLE FOR THE CONDUCT OF A THOROUGHLY IMPARTIAL i LOTTERY FOR SELECTION OF WHO WILL BE PERMITTED TO QUALIFY FOR PURCHASE OF SAID HOMES. i 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Plummer: Now, as to the price, Mr. Manager, what do you recommend? Mr. Bailey: We recommend a hundred and fifteen thousand dollar, which would give us an 4 ability to recover most of our cost, not all of it, and... I Mayor Clark: All right. Let's get a motion on that. OK? Victor, you want to speak to that? Commissioner De Yurre: Mr. Mayor, I would so move that, that be one of the parameters, that the hundred and fifteen thousand be the amount that is figured into the prequalifying of these individuals. I would also like to see how we can put a - I don't know if we can do it with a preference or not, legally - but certainly, if we could, to our local residents, if they could be given a preference. 1 Commissioner Plummer: All right. I'm going to second the motion, for purposes of discussion. Mayor Clark: All right. Let's go, now. Let's start... Commissioner Plummer: Now, are all of the units uniform? Mr. Bailey: Yes. Commissioner Plummer: They're all the same? Mr. Bailey: They're all the same. Commissioner Plummer: OK. Is... My only fear... Let me tell you my only fear. We know that those units, with the land, are worth more. Correct? i 50 July 26, 1994 Mr. Bailey: Commissioner, I'm very sorry. I was trying to get this other... Commissioner Plummer: We know that all of those units are worth more than the hundred and fifteen. Mr. Bailey: Yes, they... Commissioner De Yurre: No. What we know is that we paid more. That's what we know. Commissioner Plummer: OK. Is there any way that we can stop speculators from going in and qualifying, getting one of those houses, and turning around six months later, and turning it for a profit? That's what scares me - OK? - that there's going to be brokers involved in this thing, and that's one of the reasons I want to go to a lottery. OK? In other words, can we put a five-year prohibition, that they must sell it back to us? Mr. Bailey: We were thinking about seven. Commissioner Plummer: Oh, that's even better for me. Commissioner Gort: Go to ten. Vice Mayor Dawkins: Go to ten. Commissioner Plummer: Well, how about let's doing it this way. Vice Mayor Dawkins: Let's go to ten. Commissioner Plummer: That within ten years, they must sell it back to us at our option. We have the right to refuse. Vice Mayor Dawkins: No, I would say they must sell it back to us at the price they paid for it. Commissioner Plummer: I don't have any problem with that. Vice Mayor Dawkins: That's right. See, then that way, you will stop the speculation. Commissioner Plummer: I agree. Commissioner De Yurre: No, but you can't do that. Vice Mayor Dawkins: Why, why, why? OK, wait, let's listen to the legal expert. Commissioner De Yurre: Realistically, you cannot do that, because if I'm going to be a homeowner, I would certainly say... And the average homeowner keeps his home for seven years. You know, to say to a person, you cannot have any equity in your home over the next ten years because you have to sell it for what you bought it for back to the City. It can't, doesn't make sense. Vice Mayor Dawkins: But don't you... Can't you count what you paid in as rent? You have to... Wherever you stay... Commissioner De Yurre: Miller. 51 July 26, 1994 Vice Mayor Dawkins: ... you pay rent wherever you stay, and you don't own anything but the rent receipt. Commissioner Plummer: How about buying it back for appraised value? Commissioner De Yurre: That's... Vice Mayor Dawkins: OK. That's fair. OK, I'll buy that. Mayor Clark: Yes, sir, what do you have? Mr. Neil Shiver: Good morning. Neil Shiver. I live at 3348 on Williams Avenue, and that's in the black community of Coconut Grove. And I'll speak briefly on this matter. Vice Mayor Dawkins: Pull the mike up, sir. Mr. Shiver: A lottery system, while it's fair on its face, would have an adverse effect on African -American buyers in this unit, especially at a hundred and fifteen thousand dollars a unit. That's why I had hoped that this Commission first would have it as a public discussion item. Second, I would hope that you would have discussed the price, because the price directly affects the eligibility of who goes in those projects. And at a hundred and fifteen thousand dollars, in a black community of Coconut Grove... I think it's well known by everyone that there's two communities in Coconut Grove. Newsweek, on June 13, 1994, wrote about the two communities of Coconut Grove, And I just want the Commissioners to know that I am very concerned that this community... that this project that sits in the black community will have a minimum amount of black individuals living there with a lottery system, on its face. This is not an "all or none" situation. There are other alternatives, and I hope this Commission would pursue those other alternatives within the lottery system itself. Thank you. Mayor Clark: Thank you. Boy this is a "22." Yes, ma'am. Ms. Yvonne McDonald: Good morning. My name is Yvonne McDonald, and I'm the president of the Coconut Grove Homeowners' and Tenants' Association. I'm here this morning to impress upon the Commission to keep the price of the houses at ninety-five thousand dollars, not to exceed that amount. Most of you on the Commission are aware of the long history behind this project, and our community has been long, a long time working to see this project finally completed. And now, at this late date, to raise the prices because of the overrides on the project, an additional twenty thousand dollars, I think it is totally unfair, especially to the African - American community of Coconut Grove. And I would hope that you would abide by what you said two years ago, when you voted unanimously not to raise the prices of those houses beyond ninety-five thousand dollars, regardless of what happened after that date. Thank you. Commissioner Plummer: We didn't have the thing from Andrew. That's the problem. Mayor Clark: All right. Thank you, ma'am. All right. Commissioner Plummer: Mr. Mayor, just for the record, so no one is confused, we did make that comment, but we did it predicated on certain criteria that were put together for us by the Housing Department. And one of the things that nobody envisioned at the time was, in fact, Andrew. The cost of the contractor came back and got a hundred and sixty thousand dollars, was it? More money? Mr. Bailey: One -sixteen. 52 Commissioner Plummer: Well, one -sixteen or... You know, these are the kind of things that are unforeseen to the contractor, to us, and to everybody. And, you know, it just depends on how much subsidy are you going to go, and leave money in the till to do other projects? That's the problem. Mayor Clark: What's the motion? Commissioner Plummer: The motion was the recommendation of Mr. De Yurre. Commissioner De Yurre: The one -fifteen... The parameters that I'm going to be looking at certainly is, if we set the one -fifteen price, is how many of the people that we would like to see living there can come in under that price tag. Mayor Clark: Do you second that motion, Mr. Plummer? Commissioner Plummer: Mr. Mayor, I second that motion, but I think we can't play semantics here, now. We've been told very clearly by the City Attorney that it's got to be an... impartial, totally open, and totally free. Now, what we would like to do is different than what we're being told we can do. And I don't want anybody to go away from here with any misunderstanding. And I'll ask the City Attorney, put it on the record so that nobody says it's this Commission's fault, as to what you can or you cannot do in restricting those houses to a preferred client. I'll leave it at that terminology. City Attorney, please, put it on the record. Ms. Linda Kearson (Assistant City Attorney): The Law Department is of the opinion that the most legally prudent way to select your buyers is to have an open, fair process. We have discussed this matter with the Fair Housing legal counsel, and we talked about the idea of having a race -conscious program. We were advised against doing that. She felt that if we had a process whereby anyone who's eligible to qualify can, in fact, compete for those houses, that we are on firmer legal footing than if we had a race -conscious program, and that's what we would advise against doing. Commissioner Plummer: Well, let's put it the other way. You know, it's nice to talk positive, but let's put it in the negative, as how it occurred here. I made the motion when it was requested by the area of... the black area of Coconut Grove, to set aside "X" number of houses for the people, residents of that immediate area. And on the record, you told me you can't do it. Remember? Let's make the record clear. Because if you're telling me right now that there's a way we can do it, let's talk about it. Ms. Kearson: No, that's not what I'm telling you. That's not what I'm telling you at all. What I... We talked about this, this past year. I'm saying to you, I'm agreeing that we should not do that. Commissioner Plummer: Thank you. Commissioner De Yurre: I think, Mr. Mayor... Commissioner Plummer: Well, wait a minute, wait a minute. Excuse me, Victor. There's a difference between telling me we shouldn't do it, and telling me I can't do it. There's a big difference. Ms. Kearson: Well, Commissioner, when we discussed this several months ago, we talked about looking at various factors... Commissioner Plummer: That's correct. 53 July 26, 1994 Ms. Kearson: ... to determine if, in fact, we could have a race -conscious program. The Housing Department provided the Law Department with a statistical breakdown on the types of housing programs the City of Miami has been actively involved in since 1979. Based upon the data we received in the I,aw Department, the black community has received a larger percentage of the funds and the houses of our housing program. Coupled... Vice Mayor Dawkins: I disagree with that, but go ahead. Ms. Kearson: Well, I'm only basing this on what I received from the Housing Department. We have not done an independent study. There is not an independent person, but based upon those statistics, we have provided houses in greater proportions in the black community. Commissioner De Yurre: Mr. Mayor. Mayor Clark: All right. Let's move something. Yes. Commissioner Plummer: He has moved it. Commissioner De Yurre: Understanding what our goals are, I have no problem going ahead, seeing what the makeup is of what response to this one -fifteen offer, how many actually prequalify. And based on that, we look at it, and we make a decision from there. Mayor Clark: Motion... Commissioner Plummer: I second the motion. I'm just trying to get the record clear, that's all. Mayor Clark: All right. Call the roll. Vice Mayor Dawkins: Oh, under discussion, Mr. Mayor. Mayor Clark: All right. Vice Mayor Dawkins: Mr. Bailey, I have calls constantly to visit the site. I went by the site constantly, and I told you that people in the neighborhood were saying that they did not see any black people at all working on the job. Not only they did not see any, I didn't see any. Then when I inquired from the Manager, the Manager sent me a list which says the original contract was given to Associate Construction Company, which was a minority general contractor, and... But then it says, RFP (Request for Proposals) did not require that the general contractor have any minorities. So explain that to me. Mr. Bailey: Commissioner, Vice Mayor, on that same memo, in the fourth - third paragraph, it also says that the original bid proposal presented by the general contractor included the service of the following registered minority black subcontractors. Vice Mayor Dawkins: OK. Mr. Bailey: That's five of them. Vice Mayor Dawkins: Right. But when you go to City Hall and the County, these are not certified black contractors. I went to the County. Mr. Bailey: They don't necessarily have to have County or City certification to be black minority contractors for this contractor to hire. 54 July 26, 1994 Vice Mayor Dawkins: But how do you determine that they are minority black, if somebody don't certify it? Mr. Bailey: Well, I guess - as the community said, they didn't see any black contractors - certainly, if they had seen these, I think that their opinion might have been different. Vice Mayor Dawkins: But they did not see these. Mr. Bailey: But they were there. Vice Mayor Dawkins: Well, I didn't see them there, and I was there, and I was there with you, and we didn't see any. Mr. Bailey: Well, it depends on the time we go, now. Vice Mayor Dawkins: Was I there with you? Mr. Bailey: We went there and... Vice Mayor Dawkins: All right. Did we see any? Mr. Bailey: But at the time... Not at the time. Vice Mayor Dawkins: OK. All right, then. Mr. Bailey: But that doesn't say they weren't there. Mayor Clark: OK. Mr. Bailey: And we do have the amounts paid, and we can verify the... Commissioner Plummer: Well, were they hiding? Mr. Bailey: Huh? Commissioner Plummer: Were they hiding? Mr. Bailey: Well, you know, sub... No. Let's look at construction. Mayor Clark: Come on, now. If they weren't there, they weren't there. All right. f Vice Mayor Dawkins: Go ahead. I... No further questions. No further questions, Mr. Mayor. Mr. Bailey: OK. Let's look at... You know, it depends on when you go. I don't stay there j every day, all day. i Mayor Clark: Please, Herb. Please. Let's hear from this gentleman right here. Commissioner Plummer: The question had... A simple yes or no answer could have sufficed. Mayor Clark: Please, please, J.L. The gentleman here... Vice Mayor Dawkins: Call the roll. 55 July 26, 1994 Mayor Clark: Wait a minute. Mr. Robert A. Young: Yes. Mayor Clark, members of the Commission, I don't know if you remember me. I was here last time on this came particular project, and I think there's some misconceptions about this particular project. The law does provide for race -conscious set -asides of this matter, particularly when there's a historical discrimination, as has been in the black community. We have statistics. Mr. Marvin Dunn, if you need those, he can provide those. The question is here, whether or not there's going to be a fair, equitable distribution of the property. I think that if adequate research was done, that could be found. I can help you provide the research, if you need it. That's not the case here in this particular... We can do this project. I live on that particular street. I'm a lifelong member of Coconut Grove, and 1, for one, can attest to some of the activities that have gone on there. Commissioner Plummer: Well, you were supposed to get in touch with the City Attorney after the last hearing. Did you do it? Mr. Young: Mr. Neil Shiver, on my behalf, and the rest of Coconut Grove Homeowners' Association has done that. Commissioner Plummer: And obviously, they still disagree with you. Mr. Young: We can provide them with the statistics. Commissioner Plummer: Well, sir, excuse me. You have to understand one thing. As a Commissioner, I am bound by my City Attorney, unless I go to outside counsel. Mr. Young: I understand. Commissioner Plummer: Now, if you can't convince our City Attorney that what you're proposing is legal, then you put us in a bind. Mr. Young: Well, I think there's a question of "should," as you said, and, before, "can't." You can do it. Whether or not they should do it is a whole "'nother" thing. Because if you don't do it, you're inviting a lawsuit on the other end. Mavor Clark: All rieht. Fine. Thank vou. No further discussion. Call the roll, Madam Clerk. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 94-559 A MOTION INSTRCUTING THE CITY MANAGER TO SET A PURCHASE PRICE OF $115,000 FOR EACH CONDOMINIUM IN THE ST. HUGH OAKS VILLAGE PROJECT; FURHTER STIPULATING THAT THE DRAWING FOR SELECTION OF INDIVIDUALS WHO WILL BE PERMITTED TO QUALIFY FOR PURCHASE OF SAID HOMES WILL TAKE PLACE ON DECEMBER 24, 1994. 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I have a question. Mr. Bailey, I think you need to tell me what is a fair parameter for the cutoff date. I mean, is it ninety days, a hundred days? What is a fair parameter for people to qualify, and to have a drop -dead date of where we will pull the lotto? Mr. Bailey: We have two dates. One is, when will we cut off applications? And we may have to take a hundred applications. I don't know how that's going to respond. Commissioner Plummer: All right, sir. Well, give me those dates so we can incorporate them, and people will know. Mr. Bailey: We need at least a hundred and twenty days for the whole process. Commissioner Plummer: A hundred and twenty days. Mr. Bailey: Yes. Commissioner Gort: Before... Commissioner Plummer: That's acceptable to me, Mr. Mayor, and I vote yes. On the hundred and twenty-first day, that would be... Let's see. Excuse me, Willy, I'm sorry. Commissioner Gort: Sure. Commissioner Plummer: August, September, October? Mr. Bailey: Well, that's from the date we go out with the brochure. Now that we have a price, we can complete the brochure. We will have them out to the public by the first of October. Commissioner Plummer: All right. Give me a final date. July 26, 1994 Mr. Bailey: First of March. March 1st. Commissioner Plummer: March? Mr. Bailey: Yes. Commissioner Plummer: No, no, no. Next year? Mr. Bailey: That's a hundred and twenty days. Commissioner Plummer: A hundred and twenty days would be... Mr. Bailey: October, November, December, January. Commissioner Plummer: August... Mr. Bailey: I'm sorry. Commissioner Plummer:... September, October... Mr. Bailey: It's February. Commissioner Plummer:... November is a hundred and twenty days, to me. Mr. Bailey: October, November, December, January. That's four months. Mayor Clark: That's what he asked for. Mr. Bailey: Four months. Commissioner Plummer: Look... Mr. Bailey: You can't count from today... Commissioner Plummer: All right. Mr. Bailey: ... because we have not even advertised. Commissioner Plummer: Mr. Bailey, let me tell you, for this... Mr. Bailey: We cannot advertise yet. Commissioner Plummer: Let me tell you, for this one - I can't speak for my colleagues - before the end of the year, sir, I want a date established... Vice Mayor Dawkins: OK. See, but... Commissioner Plummer:... before the end of the year. Vice Mayor Dawkins: May I, Mr. Mayor? Mayor Clark: Sure. 58 July 26, 1994 Vice Mayor Dawkins: See, we put these parameters on people, and then we don't back them up. It's no problem with Mr. Bailey going out, and bringing people in, in overtime, and paying two or three thousand dollars more for a house, and finishing them. But then, when they come back and say that we had to pay more money to get the house completed on the day that you wanted, and now we got to charge more money, then we say, oh, what you talking about? Commissioner Plummer: Well, that's five months, Mr. Dawkins. Vice Mayor Dawkins: Hey, I've... We've been waiting five years. Five more months, I have to wait. Commissioner Plummer: Well, that's it. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes. Commissioner De Yurre: Something which is of great concern is, looking at the physical aspects of this situation. I would not want to have these houses finished, and waiting for months to get somebody in there, because they'll be destroyed. People are going to come in and... Mr. Bailey: We do have a cost of security. Commissioner De Yurre: ... the homeless are going to jump in there, and you're going to have all kinds of problems. So we need to have this well coordinated, that things happen at the same time; that we can finish them, and get somebody in there, and start living there. Mr. Bailey: We have figured that in the numbers that I gave you. First of all, we have to hire security ourselves. The building will be finished in the month of September. We have drawn up ninety percent of the sales brochure, and now that we have established a price, we'll have the brochure out, on the street, soliciting applications, at least, by the first of August - I mean October. We may have it before then. Vice Mayor Dawkins: It takes three months to get a brochure, Mr. Bailey? Mr. Bailey: No. We have the brochure. The property will not be completed until September. Commissioner De Yurre: It doesn't matter, don't... When people... Vice Mayor Dawkins: Can't we... People can't bid on what's not completed, Mr. Bailey? Commissioner De Yurre: Hey, the contracts, people sign a contract before... Commissioner Plummer:... the ground is broken. Commissioner De Yurre:... a block is in place. Mr. Bailey: We understand that, Commissioner. We would like to do this first rate, and we can put it out faster, but we do want to have a house finished, we want a sample model house for people to look at it. Commissioner De Yurre: We don't need... We don't need that. We don't need that. Believe me, we don't need that. Just get it out there. The people know what the product is, they know what the area is, they know whether they want in or out. We don't need to wait for the house to be finished. Mr. Bailey: But we can't let them go in and see it. We don't want... Commissioner De Yurre: There's nothing to see. Vice Mayor Dawkins: People buy preconstruction condos every day, Mr. Bailey. Mr. Bailey: You may have it your way but... Vice Mayor Dawkins: This is nothing new, sir. Mr. Bailey: ... I would not buy a house unless I could walk through and see it. Vice Mayor Dawkins: Well, then, we're not... You and I can't buy one of these. Commissioner Plummer: You are no longer eligible. You can't buy one. That's it, you're out. Mayor Clark: All right. Let's move on. Call the roll. Commissioner De Yurre: Well, what's the date, then, Mr. Mayor? Mayor Clark: First of January. Mr. Bailey: What date would you like? Commissioner Plummer: Before the end of the year. Mr. Bailey: What date would you like? Commissioner Plummer: Before the end of the year. Mr. Bailey: What date before the end of the year? Commissioner Plummer: Let's have it for Christmas Eve, December 24th. Commissioner De Yurre: What's that? Mr. Bailey: December 24th. Commissioner Plummer: Have the drawing on December 24th. Mr. Bailey: I£ we have sufficient applications. Commissioner Plummer: If you have... Of course. If you don't have any applications, there's nothing to decide. Mayor Clark: Call the roll. Commissioner Plummer: Christmas Eve, yes. Commissioner Gott: I need to ask one question, Mr. Mayor. A lot of things have been happening. I'll be very simple, I promise. My understanding is... We're going to be looking at how many applications at a hundred and fifteen that will be come in. ...in, we'll reconsider. 60 July 26,1994 1 lei Commissioner De Yurre: Revisit the issue. i Commissioner Gort: OK. Yes. Mayor Clark: Go ahead. COMMENTS MADE AFTER ROLL CALL: Ms. Kearson: Mr. Mayor, we have one other related item. We have to... The Commission has to appoint a president and a secretary of the corporation. The City of Miami is the developer of this condominium project. In order for us to file our condo documents, we have to have designated officers. So we're asking you today to designate a president and a secretary for our condo... Commissioner De Yurre: Well, this is not a condo, Ms. Kearson: I'm sorry? Mr. Bailey: Yes, they are condos. i Commissioner De Yurre: What this? Mr. Bailey: It's a PUD (Planned Unit Development), yes. 'j Commissioner De Yurre: It's a PUD, but it's not a condo, Mr. Bailey: Well, it's the same, community interest, yes. Commissioner De Yurre: Common areas, you have to have a homeowners' association. That's it. Mr. Bailey: Yes. And we are it until they are all sold. j Commissioner Plummer: So what... Are you talking about temporary? Is that until they're taken? Ms. Kearson: That's correct. I Mr. Bailey: Until they're taken, yes. Commissioner Plummer: I'll nominate Commissioner Dawkins as the president, and Commissioner Gort as the secretary. I'll nominate them. Commissioner De Yurre: I like this. Mayor Clark: Call the roll on those nominations. Let's go. Come on. Commissioner Plummer: Hurry up before Gort gets back. 61 July 26, 1994 i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-560 i A MOTION APPOINTING VICE MAYOR MILLER DAWKINS AS PRESIDENT, AND COMMISSIONER WIFREDO GORT AS SECRETARY OF THE CORPORATION FOR THE ST. HUGH OAKS VILLAGE CONDOMINIUM PROJECT ASSOCIATION. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort i ---------------------------------------------------------------------------------------------------------------- 17. (A) DISCUSS AGENDA 14 (PROPOSED RESOLUTION TO WAIVE PRESENT CODE PROHIBITION (SECTIONS 2-301 THROUGH 2- 304) AS IT APPLIES TO JACK LOWELL (FORMER DDA BOARD MEMBER) IN CONNECTION WITH HIS REPRESENTATION OF THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR NEGOTIATION OF LEASE AGREEMENT WITH DDA FOR USE OF SPACE ON FOURTH FLOOR OF FORMER JORDAN MARSH BUILDING (1601 BISCAYNE BOULEVARD) TO HOUSE THE INTERNATIONAL TRADE CENTER -- DEFER AGENDA 15 & 16 TO FIRST MEETING IN SEPTEMBER FOR FURTHER INFORMATION. (B) MOVE AND SECOND APPROVAL. OF AGENDA 14 [Note: the motion duly made and seconded, roll call not completed at this point (See R-94-563 below)] (C) RECONSIDER MOTION DEFERRING AGENDA ITEM 15 AND 16 TO THE SEPTEMBER 8 COMMISSION MEETING [AG 15 (PROPOSED RESOLUTION CONCERNING DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER -- AUTHORIZE DDA TO EXECUTE LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE ON FOURTH FLOOR OF FORMER JORDAN MARASH BUILDING) -- AG 16 (PROPOSED RESOLUTION TO AUTHORIZE DDA TO EXECUTE SUBLEASE AGREEMENT AS WELL AS OPERATING AGREEMENT WITH INTRAEXPO, INC. FOR USE OF SPACE ON FOURTH FLOOR OF FORMER JORDAN MARSH BUILDING -- BOTH DOCUMENTS IN FURTHERANCE OF DEVELOPMENT / OPERATION OF INTERNATIONAL TRADE CENTER] -- TEMPORARILY TABLE BOTH OF THESE ITEMS. (See label 47) (D) AGENDA 14 (Continued Discussion) ROLL CALL TAKEN AT THIS TIME APPROVING RESOLUTION TO WAIVE CODE PROHIBITION AS IT RELATES TO JACK LOWELL (See 17-A above). Mayor Clark: Item 14, please. Commissioner Plummer: Mr. Mayor, I have a problem with 15. Mr. Cesar Odio (City Manager): This is 14. Vice Mayor Dawkins: We're on 14. Commissioner Plummer: I understand. Fourteen and 15 are related. Mr. Odio: No, sir. Jack Lowell... Commissioner Plummer: They are related, Mr. Manager. Mr. Odio: Well, yeah... 63 July 26, 1994 Commissioner Plummer: Read your own agenda. Mr. Odio: They are related in the sense that... Commissioner Plummer: That is correct, sir. Now, my problem, Mr. Mayor, with 15 is the fact... I don't know about the rest of the Commission. I have absolutely no information on a thing called IntraExpo, who they are. And I am not about to sit here and vote to put in an operator with a two -and -a -half million dollar liability without knowing who these... the principal, even the principals are. Mayor Clark: All right. OK. Now, wait a minute. Commissioner Plummer: I have no information, whatsoever. Mayor Clark: We got a motion. Commissioner Plummer: I would ask that 15 be deferred until such time as this Commission is provided... Vice Mayor Dawkins: All right, first meeting in September, and we're going to come and go all the way with it, if that's all right with you. i Commissioner Plummer: Now, I have no problem... Excuse me. I have no problem with 14, if the Legal Department has no problem. A. Quinn Jones, III, Esq. (City Attorney): What you do is, if you're going to defer 15, you should defer both 14 and 15. Commissioner Plummer: All right. I have no problem with 14, but... i Mayor Clark: Motion to defer items 14 and 15 until the first meeting in September. Vice Mayor Dawkins: OK. Mr. Jones: And also 16. Commissioner Plummer: OK. Vice Mayor Dawkins: Jesus Christ. Commissioner Plummer: With the proviso, Mr. Mayor, that they've got to furnish us with information of who IntraExpo is. Vice Mayor Dawkins: Well, I met him, but you didn't meet him. OK. Mayor Clark: OK. Call the roll. Commissioner Plummer: Well, I'm sorry. He came to see you. Mayor Clark: Call the roll. Commissioner Plummer: Nobody came to see me. 64 July 26, 1994 { The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-561 A MOTION TO DEFER CONSIDERATION OF: (a) AGENDA ITEM 15 (PROPOSED RESOLUTION RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER; AUTHORIZING DDA TO EXECUTE LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE ON THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING LOCATED AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA) AND (b) AGENDA ITEM 16 (PROPOSED RESOLUTION TO AUTHORIZE DDA TO EXECUTE A SUBLEASE AGREEMENT WITH INTRAEXPO, INC. FOR THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING LOCATED AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 8, 1994. Upon being seconded by Commissioner Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort .Commissioner De Yurre: Mr. Mayor, 14 should be heard now, because Jack needs to have the ability to work on this thing. Mayor Clark: They said... Commissioner De Yurre: If not, you know... Mayor Clark: He just got through saying we can't do it. Commissioner Plummer: The City Attorney was the one who said no. Commissioner De Yurre: There's nothing wrong with moving 14. Commissioner Plummer: I have nothing wrong with Jack Lowell... Mr. Jones: Well, all three of them are related items. If you want to take 14 separately, you can. Commissioner De Yurre: Well, I move 14. 1 move 14. Vice Mayor Dawkins: Second. Commissioner Plummer: All right. Question on... The only question I have is, is the... He is related only to the DDA (Downtown Development Authority). Am I correct on that? He is not related to the project operator. July 26, 1994 i Commissioner De Yurre: He was related to the DDA. He's not a member anymore. Commissioner Plummer: OK. That's fine. I have no problem with it. Mayor Clark: On this... This is item 14. Ms. Matty Hirai: Call the roll... Commissioner Plummer: I second, I second it. Mayor Clark: What? Commissioner Gort: Did you defer DDA? Commissioner Plummer: Fifteen and 16. We're going to vote on 14. Vice Mayor Dawkins: I vote... J.L. seconded it. Commissioner Plummer: Yeah. Commissioner Gort: It's 15. And I got in... My understanding, I got involved in something else you put me in, J.L.? Commissioner Plummer: I'm sorry? Mayor Clark: Yeah. You're the condo president. Commissioner Plummer: You'll learn to go to the bathroom. Mayor Clark: Call the roll on the motion. Ms. Hirai: Commissioner Gort. Commissioner Plummer: On 14. Ms. Hirai: On 14, sir. Commissioner Plummer: To approve 14. Commissioner Gort: We're approving 14? Commissioner Plummer: Approval, yes. Commissioner Gort: Yes. OK. Vice Mayor Dawkins: Hold it, now. Commissioner Gort, we're approving 14, and we're deferring 15 and 16. Commissioner Plummer: Right. Commissioner Gort: How come? Commissioner Plummer: Well, we already... 66 July 26, 1994 Mayor Clark: For more information. Nobody has the information. Commissioner Plummer: No. I asked for 15 to be deferred, because I don't even know who the people, who the operators are. Nobody has sent me a word on it. Mr. Odio: Actually, excuse me. Commissioner Plummer: I don't know anything about it. Mr. Odio: I don't either, but... Mayor Clark: The item... Please. The item has been deferred. Commissioner Gort: Can we defer it to this afternoon. Let him get back to you? Commissioner Plummer: No. I think the motion is to do it in September, according to Commissioner... Mr. Jones: You're voting on 14 and deferring 15 and 16. Mayor Clark: Please, Mr. Gort has the floor. Commissioner Gort: I have to vote against the motion. Commissioner Plummer: On 14? Commissioner De Yurre: Mr. Mayor, does it impact... We need to know if this delay impacts on any funding or anything that... Commissioner Gort: Yes, it does. It jeopardizes the whole project. Commissioner De Yurre: Well, then we need to... You know, we need to put... Commissioner Plummer: Excuse me. Commissioner De Yurre:... put that on the record. Commissioner Plummer: How does it delay the project? Vice Mayor Dawkins: Wait a minute. Mr. Mayor, may I say something? Mayor Clark: Yes, sir. Vice Mayor Dawkins: We put Commissioner Gort on DDA, and asked him to go over and bring it forward. Now, the gentleman we put over DDA is saying that if we do not vote this project forward, it hinders his ability to do it. Now, I should vote against it, because he put the housing project down there with me, but I'll vote along with him. OK? Commissioner Plummer: All right. Mr. Odio: Mr. Mayor. Commissioner Plummer: All I'm saying is, is that... 67 July 26, 1994 j Mayor Clark: Well, wait a minute, now, please. Is there a motion to reconsider 15 and 16? j Vice Mayor Dawkins: I so move. Mayor Clark: Is there a second? i Commissioner De Yurre: Second. Mayor Clark: Any objections? Commissioner Plummer: Well, I have an objection. Without having information, Mr... Mayor Clark: Well, call the roll, then. We'll find out whether you win or not. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-562 A MOTION TO RECONSIDER PRIOR DEFERRAL OF: (a) AGENDA ITEM 15 (PROPOSED RESOLUTION RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER; AUTHORIZING DDA TO EXECUTE LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE ON FORMER JORDAN MARSH BUILDING) AND (b) AGENDA ITEM 16 (PROPOSED RESOLUTION AUTHORIZING DDA TO EXECUTE SUBLEASE AGREEMENT WITH INTEREXPO, INC. FOR FOURTH FLOOR OF FORMER JORDAN MARSH BUILDING) TO THE MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 8, 1994; FURTHER TABLING BOTH ITEMS FOR CONSIDERATION AT THE END OF TODAY'S AGENDA. [Note for the Record: Said items were later passed and adopted as R 94-585 and R 94- 586, respectively.] Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort F Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins j Mayor Stephen P. Clark i NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Mr. Mayor, are the... Commissioner Gort: For reconsideration. i Commissioner Plummer: Oh. For reconsideration, I vote... Fine, I have no problem with that. Commissioner Plummer: Now... 68 July 26, 1994 Mr. Odio: Mr. Mayor, I may be able to help here. Commissioner Plummer: OK. I'm saying... Mr. Odio: On 15, on 15... Commissioner Plummer: No, excuse me. Excuse me. Mayor Clark: Please, one at a time. Commissioner Plummer: To my colleagues on this Commission, I don't know whether you all have had the opportunity to find out the information. But to ask me, as a Commissioner on this City, to vote on a project where we don't know who the principals are, I think is totally, totally, absolutely without foundation. Mayor Clark: Ail right. Mr... Commissioner Plummer: I think it is absolutely... DDA has not provided the information, and in my estimation, I can't understand wanting us to vote, not knowing who the principals are. Mr. Odio: Mr. Mayor. Mayor Clark: OK. Mr... Commissioner Gort: Mr. Mayor. Mayor Clark: ... Manager, please. Mr. Odio: If you pass 15, all you're doing is leasing the space. You should be concerned about 16. Sixteen is where you sublease the space to IntraExpo. So go ahead and lease the space from Equitable... Commissioner Gort: No, no. Excuse me. Commissioner Plummer: It's tied. Mayor Clark: Wait a minute. Let... Hold on. Go ahead, Willy. Commissioner Gort: Mr. Mayor, as I came on the board, thanks to Commissioner Plummer, I inherited this project. It was already halfway through. The committee had been selected to sit down and look at the proposals, the different proposals, and they made the selection. And I apologize. DDA should have gotten - and Commissioner Plummer is right - DDA should have gotten the information to each one of you, so you all can go over it and know more about the project. I think the project, we had the... our staff, committee, and the Law Department working. What I would like to do, J.L., if possible, if you don't have any problems, let's defer until this afternoon, let them get together with you at lunch, and explain to you and the other Commissioners what the whole proposal is about. Commissioner Plummer: May I ask, for the record, has any other Commissioner had the opportunity to have the information that I have been denied? Mayor Clark: I have... I haven't requested it because I depend upon Mr. Gort to give me the proper advice. 69 July 26, 1994 Commissioner Plummer: Excuse me. Did they come to see you? They did not come to see you. OK? And is anybody else on this Commission aware of who this is? You're talking a two and a half million dollar project. OK. Willy, if it's possible, I will try to do it. I assumed this from Victor, when he was chairman of DDA. We couldn't get anything done. I went through it for a year. You now have assumed it. I think this Commission, if being asked to vote on this project, must - I'm absolutely emphatic - must know who the principals are. And if I can do it through the lunch hour, I'll be glad to do it. I want background information on who these people are, I want to know their financial capability, and all of that information. Mayor Clark: All right. We're going to defer this until the last item on the agenda today. Commissioner Plummer: That's fine, sir. If I have the time, I'll get to it. Mayor Clark: Fifteen and 16, so you'll have time to do it. Commissioner Plummer: So be it. Commissioner Gort: OK. Defer until this afternoon. Mayor Clark: Cast a unanimous ballot. Ms. Hirai: Mr. Mayor, with all due respect, on 14, did we mean to call the roll totally on 14? Mayor Clark: Fourteen. On item 14, call the roll on 14. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-563 A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301 THROUGH 2-304 AS SUCH PROHIBITIONS PERTAIN TO JACK LOWELL, A FORMER MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, IN RELATION TO HIS REPRESENTING THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES IN NEGOTIATING A LEASE AGREEMENT BETWEEN THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, FOR SPACE ON THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING, LOCATED AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO HOUSE THE INTERNATIONAL TRADE CENTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 70 July 26, 1994 Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: To approve 14,1 have no problem with that, none at all. Ms. Hirai: We did not finish the roll call, sir. ---------------------------------------------------------------------------------------------------------------- 18. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE BIDDING REQUIREMENTS -- APPROVE ACQUISITION OF AUTOMATED TIME AND ATTENDANCE PAYROLL SYSTEM FROM KRONOS SYSTEMS, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $30,000. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: OK. Item 17. Vice Mayor Dawkins: On 16? Commissioner Plummer: Seventeen, I move. Mayor Clark: Authorizing a sole source purchase of automated time and attendance unit. Is that right, Mr. Manager? Sole purpose? Mr. Cesar Odio (City Manager): Yes, sir. This is... Kronos Systems it's the only one available of this kind. Mayor Clark: Is there a motion? Commissioner Plummer: I moved it. Mayor Clark: Second. Cast a unanimous ballot with no exception. 71 July 26,1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-564 A RESOLUTION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF AN AUTOMATED TIME AND ATTENDANCE PAYROLL SYSTEM FROM KRONOS SYSTEMS, INC. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A PROPOSED COST OF $30,000; ALLOCATING FUNDS THEREFOR FROM THE BUDGET OF THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, ACCOUNT CODE NO. 421101-880, PROJECT NO. 422001; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. -------------------------------------------------------- ------------------------------------------------------- 19. RATIFY MANAGER'S ACTIONS IN FINDING THAT EMERGENCY NEED EXISTED -- WAIVE BIDDING REQUIREMENTS -- ACQUIRE: (A) A CHEVROLET SUBURBAN VEHICLE FROM TROPICAL • CHEVROLET; AND (B) A FORD CARGO VAN FROM HOLLYWOOD FORD, FOR POLICE DEPARTMENT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 18. Mr. Cesar Odio (City Manager): These were the vehicles that we needed on an emergency basis for the bomb detail. Mayor Clark: OK. You got it. Let's get a motion. Commissioner Plummer: I'll move it. It's an overplaying of their hand, but I'll move it. 72 July 26,1994 r1 , Mayor Clark: Second? Commissioner Plummer: And it's... And they want more bomb trucks. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-565 A RESOLUTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTIONS IN FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND INSTRUCTING 'THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THE ACQUISITION OF A CHEVROLET SUBURBAN VEHICLE IN THE AMOUNT OF $32,059.00 FROM TROPICAL. CHEVROLET AND A FORD CARGO VAN IN THE AMOUNT OF $16,169.30 FROM HOLLYWOOD FORD, FOR A TOTAL PROPOSED AMOUNT OF $48,228.30, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 420902-880, PROJECT CODE NO. 509000. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 20. GRANT FUNDING REQUEST BY CARIBBEAN AMERICAS BUSINESS NETWORK (CABNET) ($15,000), IN CONNECTION WITH ITS SECOND ANNUAL CAB NETWORK '94 EVENT, SUBJECT TO SAID GROUP RELOCATING TO A FACILITY WITHIN CITY LIMITS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Nineteen. Vice Mayor Dawkins: Move it. Mayor Clark: Moved. July 26,1994 Commissioner Gort: Nineteen is a personal presentation. Mayor Clark: What is this here? Personal appearance? Mr. Cesar Odio (City Manager): For CAB (Caribbean Americas Business) Network. Commissioner Plummer: What is it? Do we know what it is? Mayor Clark: CAB Network. Are they present? Ms. Sharon Reid: Yes, right here. Mr. Odio: This is... Commissioner Dawkins requested this. Mayor Clark: Where did Willy go? Identify yourself for the record, please. Ms. Reid: My name is Sharon Reid. I'm the president for the Caribbean Americas Business Network, and I am here to request funding for a program we're having in October. Mayor Clark: What kind of funding are you speaking about? Ms. Reid: The Caribbean Americas Business Network is holding its second conference in Miami, in October. It is a program that is orchestrated to assist private sector trading, and things in commerce, so to speak. Mayor Clark: How much is your request? Ms. Reid: Fifteen thousand, sir. Mr. Odio: I would normally recommend against it, and I would have, but we gave to the other enterprise, what they call... The AIEHS (Association Interamerican de Hombres de Empresa). Vice Mayor Dawkins: Move it. Commissioner Plummer: OK. I second it, but I want to ask the same question I did of the other people. How many people will you be bringing to the City? Ms. Reid: Last year, sir, we... Commissioner Plummer: To the City. Ms. Reid: ... within Miami, we had a hundred and fifty. We brought from outside the United States and Caribbean a hundred people. We're expecting approximately five hundred in total this year, maybe fifty/fifty. Commissioner Plummer: Are all functions to be held in the City? Ms. Reid: Yes, sir. Commissioner Plummer: In the City, now? Ms. Reid: Well, they told me after the fact, Commissioner, that the Radisson is not in the City. Commissioner Plummer: That's correct, it's not. 74 July 26, 1994 Vice Mayor Dawkins: And that's where you're holiday it? Ms. Reid: At the Radisson, but... Vice Mayor Dawkins: I take my vote back, because I told you that. Mayor Clark: All right. Ms. Reid: Can I relocate the place? I can't sirs. Commissioner Plummer: If you relocate within the City, the answer is yes. Vice Mayor Dawkins: Or you'll have to get the fifteen thousand from the County. Commissioner Plummer: Hey, spend... Ms. Reid: You're putting me on a tough spot. Commissioner Plummer: No, I'm not. I'm saying, spend my money with my people. Vice Mayor Dawkins: The people who pay the taxes. Commissioner Plummer: Yeah. To the Hyatt. Ms. Reid: Commissioner Dawkins. Vice Mayor Dawkins: Yes, ma'am. Mayor Clark: Please, now. You have the answer. There's no discussion. I'm not going to let this run on all day. Commissioner Plummer: Mr. Mayor, I move that this matter, that we grant the allocation of fifteen thousand, assuming that it's in a facility in the City of Miami. I so move. Mayor Clark: Is there a second? Commissioner Gort: In seconding it, I'd like to ask a question, Mr. Mayor. Mayor Clark: What? Commissioner Gort: The Convention and Visitors Bureau, Mr. Manager, can we tap those sources also? Mr. Odio: Well, you have to send them to them, and they have to approve it, and normally, they don't. Commissioner Gort: OK. Can we try that, please, sir? Mr. Odio: I have... We have not tried in this case. Commissioner Gort: OK. Can we try it, please? Mr. Odio: Yes, sir. 75 July 26, 1994 Commissioner Plummer: Just try to get them to return a phone call. Mayor Clark: All right. Ms. Reid: It's moved. Commissioner Plummer: Much less funding. Mayor Clark: Ma'am? Ms. Reid: We will move it. Commissioner Plummer: You got it. Mayor Clark: Now, that's a condition in there. It better be. Commissioner Plummer: See how easy that was? Ms. Reid: Thank you, sir. Thank you. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-566 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE SECOND ANNUAL CARIBBEAN AMERICAS BUSINESS NETWORK '94 TO BE CONDUCTED BY THE CARIBBEAN AMERICAS BUSINESS NETWORK OCTOBER 12 THROUGH OCTOBER 13, 1994; SAID ALLOCATION CONDITIONED UPON THE ORGANIZERS: (1) RELOCATING THE UPCOMING EVENT TO A FACILITY LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE CITY OF MIAMI; AND (2) COMPLYING WITH ANY OTHER CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 76 i July 26,1994 i 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 21. GRANT FUNDING REQUEST BY TOP PERFORMANCE FOR A FLORIDA RETREAT, IN BRADENTON, FLORIDA, FOR INNER CITY YOUTHS -- ALLOCATE $10,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). i i---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number... Mr. Cesar Odio (City Manager): Mr. Mayor, on the agenda twenty... On the agenda of September, you will have the Chief recommending ten thousand dollars for this program to go i ahead. i 4 Mayor Clark: For what? Mr. Ralph Arza: Item 20. Mr. Odio: For this Top Performance request. Commissioner Plummer: Is that the total amount requested? Mr. Odio: Well, we are recommending ten thousand dollars. Commissioner Plummer: How much did they ask for? Mr. Arza: Twenty-four thousand. Commissioner Plummer: How much? Mr. Arza: Twenty-four. Commissioner Plummer: Well, you got to get the other fourteen from the County. Mr. Arza: We will. Mr. Odio: OK. Mayor Clark: Moved and seconded by Mr... Commissioner Plummer: Subject to it coming from Law Enforcement. 77 July 26, 1994 Mr. Odio: No, you don't have to... It will be in the agenda September. Commissioner Plummer: OK. Mr. Arza: OK. Now, one second. Mr. Odio: For ten thousand. Mr. Arza: Because the camp... Mayor Clark: Identify yourself, please, sir. Mr. Arza: My name is Ralph Arza. I'm the president of Top Performance, and that camp takes place August 17th through the 21st. So the money is needed now. i l Mr. Odio: Mr. Mayor, let's go ahead and approve it now. Commissioner Plummer: Mr. Mayor, they're asking that we approved the ten thousand from j Law Enforcement Trust Fund. I so move. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: With no exception, cast a unanimous ballot. i Commissioner Plummer: Go away and sin no more. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-567 A RESOLUTION AUTHORIZING FUNDING OF EXPENSES FOR THE PARTICIPATION OF 50 YOUTHS TO ATTEND "WINNERS RETREAT," A YOUTH CAMP CONDUCTED BY TOP PERFORMANCE, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 69001, INDEX CODE 029002-247, SUCH COSTS HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 78 July 26, 1994 i 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. (.---------►-------►►----------------►►►-----------------------►----------►►--►---------►►---►---►---►-•-------►►► 22. DISCUSS AND DEFER (TO SEPTEMBER 8TH MEETING) STATUS REPORT BY MR. ANTHONY A. ROLLE FROM TACOLCY ECONOMIC DEVELOPMENT CORPORATION CONCERNING PROPOSED WESTERN ESTATES AFFORDABLE HOUSING DEVELOPMENT PROJECT. i --------------►------------------------------------------------------------------------------------------------- Mayor Clark: Item number 21. Commissioner Plummer: I understand they've worked out all the problems with item 21. Am I correct? Vice Mayor Dawkins: No, they have not worked them out. Mayor Clark: Oh, God, now what's happening? Go ahead. Commissioner Plummer: Well, Mr. Mayor... Mayor Clark: For the record, let's... Commissioner Plummer: Mr. Mayor. Mayor Clark: Just a moment, before we give our thoughts, please, let this gentleman speak. Commissioner Plummer: I was going to try to save you some time. Mayor Clark: All right, save some time. How are you going to do that? Commissioner Plummer: The same way that you're asking me, the DDA (Downtown Development Authority) this afternoon, that they get together with Commissioner Dawkins, because he is the one who has brought it to this table, and they try to work out their problems with Commissioner Dawkins. Mayor Clark: Could you do that, Miller? Vice Mayor Dawkins: No. Commissioner Plummer: Oh, they can't? 79 July 26, 1994 Vice Mayor Dawkins: Now, here's what I'm saying. OK. Let me see if we can cut through. OK. Number one, Mr. Mayor, they say here... Commissioner Plummer: Sorry, I tried. Vice Mayor Dawkins: They say here they're going to build a townhouse with nine thousand square feet. I think the minimum should be a thousand. That's what I think. Ms. Matty Hirai (City Clerk): Nine hundred. Commissioner Plummer: Nine thousand? Vice Mayor Dawkins: Nine hundred square feet. Commissioner Plummer: You said nine thousand. Vice Mayor Dawkins: I think it should be a thousand square feet. That's my thought. I think that just like we had this discussion here about Saint Hugh, I think the neighbors should be... There should be a public hearing before the neighbors. Let the neighbors see the design. They don't have a design. They're just coming here. We've already given them two and a half million dollars. They want you to give them another half -a -million dollars. And they say land acquisition, cleanup environmental issues. They do not identify environmental issues. They say design of the project. I have not seen the design of the project. I think all of this needs to come before us before we can vote on it, and that's how I feel about it, and they should come back in September with these things and let us look at them. Mayor Clark: Is this all you have to present today, sir? Mr. Anthony Rolle: This... Yes, this is a preliminary drawing. Mayor Clark: Give us your name first. Give us your name. Mr. Rolle: My name is Anthony Rolle. I'm the vice president of Tacolcy Economic Development Corporation. Commissioner Plummer: Well, can we ask... You've heard the Vice Mayor. Is it so much out of line that you can have a town hall meeting, a public hearing with the neighbors, and come back here to the first meeting in September? I mean, you're talking about a thirty -day delay at the most, and if that will appease... Vice Mayor Dawkins: Sixty days. We don't come back in August. Commissioner Plummer: Well, thirty days from now. Vice Mayor Dawkins: OK. Go ahead. OK. Commissioner Plummer: I think that's the real way to do it. Mayor Clark: Have support on yours ide. Commissioner Plummer: I think, I really suggest that's what you consider. Mayor Clark: And take into consideration the concerns Mr. Dawkins has about the square footage of each unit. 80 July 26, 1994 Vice Mayor Dawkins: And the cost per unit. Mayor Clark: Yeah. All right? Your name? Mr. Lorenzo Simmons: My name is Lorenzo Simmons. I'm the president of Tacolcy Economic Development. Commissioners and Mr. Mayor, the only reason I'm concerned is the two -and -a half million dollars committed by Dade County. Right now, they want to know what we plan to do with that money. They approved this money back in January. OK? The last time we met, Commissioner Dawkins had a concern regarding the multifamily, the height. We tried to mitigate those circumstances by coming up with a concept we believe will bring in home ownership. We're not going five and six stories. We're not doing multifamily. This is a home ownership development, which at that time, I thought that's what he was trying to... Mayor Clark: Sir, one question. Would deferring this until the information requested by my colleagues here, until September, going to really create havoc with the concept? Mr. Simmons: Well, I don't want to lose the two -and -a -half million dollars. Vice Mayor Dawkins: I will go with you to the County on the two -and -a -half. But another thing I'd like to say to you, you say you were concerned about my concerns, but you never contacted me. Mr. Simmons: Yes, we tried several times yesterday, and they said that you... Vice Mayor Dawkins: When, when? The only thing I got from you was this piece of paper here, this piece of paper, three days ago. That's all I got. Mr. Rolle: Yeah, but yesterday, I left a number... Vice Mayor Dawkins: Yeah, but yesterday, after you... Here's the fax number when I received this from your office, sir. Right up here, it tells you the date and the time. That's the only time I heard from you guys. Mayor Clark: Motion to defer... Vice Mayor Dawkins: OK. Mayor Clark: ... until the first meeting in September, or the second meeting. It's before their... Commissioner Plummer: Well, Mr. Mayor, with the proviso that they have a town hall meeting for the residents of the area... Mayor Clark: Right. Commissioner Plummer: ... that the plans be exposed, and consideration be given to the idea of increasing from nine hundred to a thousand square feet. Mayor Clark: That's right. Commissioner Plummer: I'm not saying they do it, but consideration. Mayor Clark: And the results of that meeting delivered to each Commissioner as soon as they can. 81 July 26, 1994 Vice Mayor Dawkins: And if I... I'll go with you to see anybody at the County to explain to them that we're not... We're trying to do something that everybody will be proud of, that's all. Mayor Clark: All right. Call the roll. Vice Mayor Dawkins: Any day, I'll go with you. I don't have a problem with that. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-568 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 21 (DISCUSSION REGARDING STATUS OF TACOLCY ECONOMIC DEVELOPMENT CORPORATION'S PROPOSED WESTERN ESTATES j AFFORDABLE HOUSING DEVELOPMENT PROJECT) UNTIL THE SEPTEMBER 8, 1994 MEETING, SUBJECT TO A TOWN HALL MEETING BEING HELD WITH TACOLCY ECONOMIC DEVELOPMENT CORPORATION AND THE AREA RESIDENTS IN ORDER THAT RESIDENTS MAY BE SHOWN PROJECT PLANS i AND THE PROJECT DESIGN; FURTHER SUGGESTING CONSIDERATION SHOULD BE GIVEN TO INCREASING THE PROPOSED SQUARE FOOTAGE OF THE TOWNHOUSES FROM THE PRESENT 900 SQUARE FEET TO 1,000 i SQUARE FEET; AND FURTHER STIPULATING THAT THE RESULTS OF THE TOWN HALL MEETING BE MADE KNOWN TO EACH CITY COMMISSIONER AS SOON AS THEY ARE AVAILABLE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: j AYES: Commissioner Wifredo Gort i Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 82 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 23. PERSONAL APPEARANCE: MR. ROBERT HOLCOMB -- TO SEEK FINANCIAL SUPPORT FOR A TELEVISION PROGRAM ENTITLED "MY AM I , WHICH WAS THE INSPIRATION FOR THE NEW MIAMI ANTHEM: MY, MY, MY MI AM V -- URGE MR. HOLCOMB TO CONTACT THE TOURIST DEVELOPMENT COUNCIL (TDC) AND GREATER MIAMI CONVENTION BUREAU IN CONNECTION THEREWITH. Mayor Clark: Item 22. Commissioner Plummer: Mr. Manager, your recommendation? Mr. Cesar Odio (City Manager): On March 24th, they came to the City for us to adopt their song. And at that time, they said they needed no funds. Now, they want fifty thousand dollars. I have to recommend against it. Commissioner Plummer: Well, are you profit -making? Mr. Robert Holcomb: Yes, we are. First of all, I'm Robert Holcomb of Real Time Communications, at 2964 Aviation Avenue. The second thing is that I think the tie-in that the City Manager is making to the song is not really realistic. It doesn't really say what really happened. The television show was developed before the song was. So we're not presenting a song and giving it to the City, and then turning around and asking them for money for something that was not already created. So I just want to make sure that, that correction is made. Commissioner Plummer: Well, have you applied, sir, to the TDC (Tourist Development Council ), or to the Convention Bureau? Mr. Holcomb: No, I have not. Commissioner Plummer: Well, that's what those funds are for. Now, you know, I sit on the TDC, as well as the Mayor, and we approve these kinds of things that we feel are beneficial for the community. But I have to be honest with you and tell you that we look at things in two different ways; one as a nonprofit corporation, and one as a profit corporation. So I think that, really, your application here is not the proper place where it should be. You should be at either the TDC, which, by the way, their ad appeared yesterday for next year's funding. Mr. Holcomb: OK. I appreciate that. Commissioner Plummer: And, you know, Mr. Merritt Steirheim and the Greater Miami Convention has twelve million dollars a year. Mayor Clark: Fourteen, J.L. Commissioner Plummer: All right. Well, this year maybe is a little... Ms. Holcomb: The Greater Miami and Convention... The Greater Miami Visitors and Convention Bureau, if I'm not mistaken, their budget is about one point five million, and that's only for print advertisements. 83 July 26,1994 Commissioner Plummer: No, sir. No, sir. I thought it was twelve million. The Mayor is saying I it's fourteen million. They get money from us. We give them an interlocal agreement of a hundred thousand, and the County gives them over five million from the bed tax. So they've got a fourteen million dollar budget. Mr. Holcomb: I think the point here is that the program that we are proposing will benefit the M' Greater Miami area as such. f Commissioner Plummer: Yeah. Mr. Holcomb: And that regardless of... j Mayor Clark: That's why you should go to them. That's exactly why you should go to them. It's area -wide benefit, area -wide. Mr. Holcomb: OK. So what are you telling me at this point? Commissioner Plummer: Well, I would tell you, sir, that you contact the TDC, which is the Tourist Development Council, and that is Mr. Tony Ojeda in the County. That you also contact the Greater Miami Convention Bureau, which is Mr. Merrit Steirheim. And you find out... Mayor Clark: If you can't contact him, Bill... Who's... Commissioner Plummer: Bill Talbert. Mayor Clark: Bill Talbert. Commissioner Plummer: Yeah. Well, I'm saying that's the organization. Mr. Holcomb: I spoke to Bill Talbert yesterday. Commissioner Plummer: OK. That is the organization, sir, and find out how do you get an application in, and get it in now, because all of these monies are predicated on October 1st budgets. Mayor Clark: All right. Mr. Holcomb: There are time constraints that we're dealing with in producing this, and making this a reality. The time constraints have to do with television conventions that occur in the fall of the year, and also in January. And if the program that we're talking about is not developed and packaged by that time to present at that time, then we definitely lose the advantage of time and the initiative. Now, I would also like to mention... Commissioner Plummer: You have time constraints. We got money constraints. Mr. Holcomb: Well, I understand that. Well, everybody has those types of things. But at the same time, when you're talking about something that is going to benefit the greater community, of course, generally speaking, money is found, and time is also found. Ms. Kathy Rahill: I think it's very important to highlight why we're here today to do with Miami. I know a lot of you know me, because I came here for the song. And I really... I really... To infer that this was some plot, you know, to weasel money out of the City or whatever it is, I take objection to that. We have created this in a very pure sense, and make this available to everybody, because we believe in the City of Miami, and it's with that same spirit of 84 July 26, 1994 commitment that we created this program. It is with that same spirit of commitment that I serve - for those of you that don't know me - that from "My Am I," I serve as bureau chief for Kagoshima television, and as a matter of fact, I have been presenting stories about Miami on a monthly basis now, in our third season. Perhaps the only positive publicity Miami gets on a regular basis abroad is Miami Report in Kagoshima. And after the hurricane, I rushed a program over there, and Kagoshima Television, in conjunction with the program, put out special donation boxes in the City, and fifty-five thousand dollars were raised between the community and the City of Kagoshima for this Commission, and I presented that check for that money right here during Mayor Suarez' administration. Our commitment here is to this City, has been all along, and why we are standing here in front of you today is not because it's an abstract idea about some show. Of course, it benefits the whole community. Specifically, specifically, this is Miami. We are Miami people. Miami, according to right here, Mr. Odio's... In the budget message of the 1994/95 City budget, under the heading of Office and Film and Communications, and I quote, "Miami is coming alive as an ideal location for the filmmaking and entertainment industries. With its clear skies, palm trees, and international image, the City will take an aggressive approach in developing a link to this market. I have created the new Office of Film and Communications to promote, identify, recruit, and intensify the City's involvement in the entertainment industry." And that is our... That is the basis for what we're doing. "My Am I" not only - not only, of course, promotes tourism, but we have spoken to several people, and it's very much a focus on print in the Visitors and Convention Bureau. At the same time, there has been a commitment made to this film industry. As a matter of fact, figures from our film office right over here, half the... Just between January and June of this year, between twenty-five and thirty million dollars were raised. Annually, that's between fifty and sixty million dollars. But relative to the billions of dollars that are spent in the television industry, Miami gets a small piece of that, because Miami has not made a commitment to the industry. That is necessary. And Jeff Peel, who is the acting director of the Miami -Dade Office of Film, Television and Print, states, one of the things everybody recognizes is that there are a couple of major pieces of the puzzle that need to be in place before we are a more viable production center, and one of those is financing. And of the hundred and sixty thousand dollars that it takes to produce the premier program, we have enlisted the support of very, very well known people, people working on... who have worked on "Cape Fear," the last movie with Sean Connery, any number of locally based programs, who are giving their time and their resources to us, that we only need a small balance of funding for this project. And based on that balance, the other critical thing here is to say that, that money, also, in asking the City for that, as with anybody else who puts their time into this, the City makes twenty percent on that investment. Mayor Clark: What's the pleasure of the Commission? I think Mr. Plummer has outlined it very well as to what... We cannot do it ourselves. We don't have the money here. But he's given you some good ideas on how to proceed, and I suggest you do that immediately. Mr. Holcomb: All right. We appreciate your suggestions, Mr. Plummer. Are you saying that you are giving us your support in order to effect those things and make those things happen? Commissioner Plummer: Sir, I can only give you my support, and I will assist you in any way possible with the TDC. I do not sit on the board of the Greater Miami. Mr. Holcomb: OK. Commissioner Plummer: But I will say to you, sir, that if you'll get your application in, I will assure you that you will get a fair and impartial hearing to do what can be done, yes, sir. Mr. Holcomb: OK. As far as the Visitors and Convention Bureau is concerned, believe me, I had a conversation with them yesterday, and their budget is for print. There are no electronics that they're budgeted for, there are no electronics that are fitted... 85 July 26, 1994 Commissioner Plummer: Sir, I don't know who told you that. Mr. Holcomb: ... that fit into their marketing plan. Commissioner Plummer: I don't know who told... Mr. Holcomb: Just for the record, I'm just letting you know. Commissioner Plummer: Well, I don't know who told you that, because it's an incorrect statement. All right? Mayor Clark: You serve on that board, Willy. Commissioner Plummer: I can tell you that they have videos all over the world, they do advertising all over the world, and it's continuous. So, hey, I'm not here to argue their point. I don't sit on that board. Mr. Holcomb: I understand. Mayor Clark: All right. Thank you, folks. Thank you. END OF DISCUSSION -- NO ACTION TAKEN Mayor Clark: Item 23. Next item. Commissioner Plummer: Twenty-three has been withdrawn. Mr. Holcomb: Thanks for your time. ---------------------------------------------------------------------------------------------------------------- 24. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: LOCAL GOVERNMENT EVALUATION AND APPRAISAL REPORT (EAR) ASSISTANCE PROGRAM 1994-95 -- APPROPRIATE $20,224 -- ACCEPT GRANT ($20,224) FROM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -- EXECUTE NECESSARY DOCUMENTS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Twenty-four. Mr. Cesar Odio (City Manager): Twenty-four. Mr. Mayor, the reason this is presented to you as an emergency is that the contract with the Department of Community Affairs has to be executed by August 15 of 1994. Mayor Clark: Do you recommend it? Mr. Odio: Yes, sir. Mayor Clark: All right. Commissioner Plummer: Well, can I ask, what is the EAR Assistance Program? 86 July 26, 1994 Mr. Joe McManus: The State of Florida requires that on a five-year basis... I Commissioner Plummer: Yeah. Mr. McManus: ... that you go back and look at your comprehensive plan. It's been five or six years since our comprehensive plan was enacted in 1989, and the State is giving twenty thousand dollars as a token of assistance to enable us to prepare that appraisal report. Commissioner Plummer: And what's it actually costing us? Mr. McManus: Well, it will be a yearlong program to be done in-house. Commissioner Plummer: But, I mean, is it going to cost us a hundred thousand dollars? I mean, I think we need to know, when we start formulating what our impact fees are. OK? Mr. McManus: We'll be happy to... It will be done in-house by staff. Commissioner Plummer: I understand that. Mayor Clark: What happens? What happens? Mr. McManus: We'll send a memo through on it. Commissioner Plummer: But I think you need to forward that to us... I'll move it, Mr. Mayor. Mayor Clark: You'll approve it? Commissioner Plummer: I'll move for approval. a I Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: All right. A. Quinn Jones,1II, Esq. (City Attorney): An emergency ordinance... Mayor Clark: All in favor, signify by... s Commissioner Plummer: Whoa, whoa! He's got to read it. It's an ordinance. Mayor Clark: All right, read it. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY] Mayor Clark: Call the roll. j i f 87 July 26, 1994 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "LOCAL GOVERNMENT EVALUATION AND APPRAISAL REPORT (EAR) ASSISTANCE PROGRAM 1994-95," AND APPROPRIATING .INITIAL RESOURCES IN AN AMOUNT OF $20,224; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $20,224 FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE EAR ASSISTANCE PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER AND THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11168. ' 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: Next item. Mr. McManus: Thank you. ---------------------------------------------------------------------------------------------------------------- 25. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 39, ARTICLE II (SIDEWALK AND STREET VENDORS) -- ESTABLISH PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING ZONES IN COCONUT GROVE SPECIAL VENDING DISTRICT -- PROVIDE FOR VENDING FRANCHISES AND FRANCHISE FEES, ETC. ---------------------------------------------------------------------------------------------------------------- Mr. Cesar Odio (City Manager): Mr. Mayor, 25 is presented to you on an emergency basis in order to implement the lottery procedures on a ninety -day rotational basis as efficiently as possible. Since we have a recess in September - August, I mean - we have to have this ordinance passed today so we can be in place October 1st. Commissioner Plummer: But I thought it was a thirty -day rotation. Is that correct? A. Quinn Jones, III, Esq. (City Attorney): It's six months. Six months. Mr. Wally Lee: It's a thirty -day rotation, Commissioner. Commissioner Plummer: It's a thirty -day rotation. Mr. Lee: Yes, sir. Commissioner Plummer: That's what I understood. Commissioner Plummer: Yes, sir. Commissioner Plummer: But he read ninety days. Mr. Lee: There was a mistake in the memo. In the ordinance, it's been thirty. Commissioner Plummer: OK. It's a thirty -day rotation. Mr. Lee: Yes, sir. Yes, sir. Commissioner Plummer: Now, are any of those selling food or beverage? Mr. Lee: No, they are not, Commissioner. Commissioner Plummer: OK. Mayor Clark: All right. Read the ordinance. Commissioner Plummer: May I ask, Mr. Mayor, that every one of those have a demonstration of insurance liability, and sales tax certificate, OK? Mr. Lee: Yes, sir. Mayor Clark: All right. Commissioner Plummer: And just for my edification, how is the drawing of the rotation being done? July 26,1994 Mayor Clark: The roll of the dice. Commissioner Plummer: Well, if that's the way it is, I just want to know. Mr. Lee: There's a process for advertising and so on, Commissioner; and, then we'll have a drawing, a lottery. Commissioner Plummer: OK. So in other words, how many vending stations are there in the Grove? Mr. Lee: Ten, as seen in the slide. Commissioner Plummer: There's ten. OK. So in other words, is that for a one-year period that you will draw ten names, and they will rotate? Mr. Lee: Six months, sir. Commissioner Plummer: Six months? Mr. Lee: Yes, sir. Commissioner Plummer: Every six months, you'll draw... Mr. Lee: Every... Excuse me, sir. It will be for a six-month period, divided into a monthly basis. Commissioner Plummer: OK. Mr. Lee: In other words, they rotate every month at the first... Commissioner Plummer: But every six months, you will have a new drawing for ten new people. Mr. Lee: That is correct, or ten applicants. Commissioner Plummer: Yes, OK. That's fine. That's fine. Mayor Clark: Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY] Commissioner Plummer: Mr. Gort just showed me, Mr. Mayor. What are the fees that are being charged to these people? Mr. Jones: I can't hear. Commissioner Plummer: That... Whatever fees are generated, that they should go into the Coconut Grove Standing Festival Committee, which they here replace and repair the decorative street lamps, repairing concrete planters, landscaping and maintenance. What are the fees that are being charged? Ms. Christina Abrams: Two hundred dollars a month, per vendor. 90 July 26, 1994 Commissioner Plummer: Two hundred a month. That would be two thousand dollars a month. Is that correct? Ms. Abrams: That's correct. Commissioner Plummer: And you feel that that's fair? Ms. Abrams: Yes, it is. It will go directly to improvements for the public right-of-way. Commissioner Plummer: Mr. Mayor, we would... Commissioner Gort: Incorporate this. Commissioner Plummer: ... incorporate that, that money be turned over to that Standing Festival Committee for... Mayor Clark: All right. I suggest that the Manager is a busy person. Let him attend these meetings, and not be interrupted by anyone. i Ms. Matty Hirai (City Clerk): Call the, roll, Mr. Mayor? i Mayor Clark: Call the roll. ` An Ordinance entitled - i � AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II, ENTITLED "SIDEWALK AND STREET VENDORS", BY ESTABLISHING PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING ZONES IN THE COCONUT GROVE SPECIAL VENDING DISTRICT; PROVIDING FOR VENDING FRANCHISES, FRANCHISE FEES AND DISPENSATION OF SAID FEES; PROVIDING FOR REVOCATION; PROVIDING FOR LIABILITY AND INSURANCE; REQUIRING SALES TAX CERTIFICATE(S); MORE PARTICULARLY BY AMENDING SECTIONS 39-11, 39-17 AND 39-17.1; PROVIDING FOR REVIEW BY THE CITY COMMISSION SIX MONTHS AFTER EFFECTIVE DATE; CONTAINING A REPEALER I PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. July 26, 1994 a Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11169. 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. ---------------------------------------------------------------------------------------------------------------- 26. EMERGENCY ORDINANCE: AMEND 10934, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: DRUG FREE NEIGHBORHOOD TASK FORCE -- PROVIDE FOR AN INCREASE ($26,355) AS A RESULT OF SUCCESSFUL GRANT APPLICATION -- AUTHORIZE CITY MANAGER TO ACCEPT $26,355 FROM METROPOLITAN DADE COUNTY. ---------------------------------------------------------- ----------------------------------------------------- Mayor Clark: Next item. Emergency ordinance? Commissioner Plummer: Where are we? Mayor Clark: Please, would you let the Manager direct his duties, please, ma'am. Commissioner Plummer: I'll move item 26. Mayor Clark: Yeah. Call the roll. Commissioner Plummer: No. It's an ordinance. 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 Plummer: Four -fifths. 92 July 26, 1994 An Ordinance entitled AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10934, ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "DRUG FREE NEIGHBORHOOD TASK FORCE," TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $26,355 AS A RESULT OF A SUCCESSFUL GRANT APPLICATION, AND AUTHORIZING THE CITY MANAGER TO ACCEPT $26,3.55 FROM METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort E' Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 4 Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. } ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre f Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins f Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11170. 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. July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 27. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 54, ARTICLE XI, CONCERNING USE OF PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES -- CLARIFY AND CORRECT REQUIREMENTS FOR PERMIT APPLICATION FEES AND FOR LOCATION PLANS FOR INSTALLATION OF PAY TELEPHONES IN PUBLIC RIGHTS-OF-WAY. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Read the next ordinance into the record. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY] Mayor Clark: Is there a motion? Commissioner Gort: Mr. Mayor. Commissioner Plummer: I'll move it with the following proviso: That the City retain the design control of any and all on public right-of-way. Second of all, Mr. Manager, I am concerned. All of these pay phones on Grand Avenue are still being used by the drug dealers, day in and day out. It was my understanding that we gave you, through the previous authorization, the right to take these phones out, or at least take out the touch tone phones. Without it, they can't operate, and they are proliferating everywhere in the Grove, on Grand Avenue. What I have... I would like to have this Commission supplied with a monthly report of what you're doing about taking those phones out for the ready availability of the drug dealers on Grand. I so move 27. Mayor Clark: OK. Commissioner Gort: Mr. Mayor, I'll second, but also, I want to tell you, I'm getting a lot of calls from a lot of the constituents with phones that are being stole, right next to each other. That there should be certain limited distances between the phones. We got... You have some that have been sold on 8th Street - I got some phone calls - where they're interrupting traffic. Mr. Wally Lee: There is a limitation of three hundred foot of separation between each telephone. Commissioner Plummer: Well, let me tell you my problem. Commissioner Gort: That is not being implemented right now. So I... You need to... See, we put this, the codes, but somehow, they're not enforced, and it will not do any good if they're not enforced. We need to check on that. Commissioner Plummer: OK. My area of concern about control of the design is that some of these places were nothing more than legitimate billboards. I mean, a pay phone doesn't need any more than a little cubicle to have the phone inside; none of these eighteen -foot high signs up there, with the name of the company, and why and where. That's what my area of control of design is. An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE USE OF THE PUBLIC RIGHTS -OF -•WAY FOR INSTALLATION OF PAY TELEPHONES, TO CLARIFY AND CORRECT THE REQUIREMENTS FOR PERMIT APPLICATION FEES AND FOR LOCATION PLANS FOR THE INSTALLATION OF PAY TELEPHONES IN THE PUBLIC RIG -ITS -OF -WAY; MORE PARTICULARLY, BY AMENDING SECTIONS 54-198 AND 54-201 OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading by title at the meeting of June 30, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11171. 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. --------------------------------------------------------------------------------------------------------------- 28. AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH HEDG-PETH & GALLAHER, INC. -- TO PROVIDE EXPERT PROFESSIONAL SERVICES IN CONNECTION WITH CITY'S REAL ESTATE HOLDINGS -- AT A COST NOT TO EXCEED $50,000. ------------------- ----------------------------------------------- ----------------------------------------------- Mayor Clark: Item number 28. Commissioner Plummer: Did this go out for bid? Did 28 go out for bid? Mr. Cesar Odio (City Manager): Yes. We had a committee that interviewed quite a few companies. Mayor Clark: Wait a minute. What is this on? Mr. Odio: This is the Asset Management consult... Commissioner Plummer: Professional services agreement. Mr. Odio: ...to our real estate holdings. Mayor Clark: Oh, yes, yes. Commissioner Plummer: What other companies... I don't find in here where other companies were interviewed. Mr. Eduardo Rodriguez: OK. I can tell you, Commissioner. Commissioner Plummer: OK. Just send me a copy of it, please. I'd like to see it. Mr. Rodriguez: OK. All right. Commissioner Plummer: You've convinced me. Commissioner Gort: I'd like you to state on the record. Mr. Rodriguez.: OK. The Allen Morris Companies, Summa Property, Mr. Gallagher, Winthrop Management, and Area, Appraisal and Real Estate Economic Company. Five companies. Vice Mayor Dawkins: Who were the people who evaluated the proposals and made the recommendations? Mr. Rodriguez: We put a selection committee of... Vice Mayor Dawkins: Who were the persons? - not what, not... Mr. Rodriguez: Mr. Brian May. Vice Mayor Dawkins: Who? Mr. Rodriguez: Brian May, from the Mayor's office, chief of staff. Vice Mayor Dawkins: All right. Mr. Rodriguez: Christina Cuervo. Vice Mayor Dawkins: All right. Mr. Rodriguez: From the Manager's, and myself. Vice Mayor Dawkins: OK. Commissioner Plummer: Nobody from outside? Vice Mayor Dawkins: See, now I think... No. J.L. Plummer and I keep asking, over and over, involve somebody outside the Administration. And every time we get one of these, I do not... Mr. Rodriguez: Commissioner, we present these findings to the board, to the committee, Asset Management Committee, that is our board now, and they accepted, and not only accepted, they recommend this consultant. Vice Mayor Dawkins: OK. Fine. If you took it to them, they approved it and accepted it, what are you bringing it to me for? 96 July 26, 1994 Mr. Rodriguez: Because you request... + Vice Mayor Dawkins: All right. Mr. Rodriguez: You require that. Vice Mayor Dawkins: So I got to approve it. So what they did, it doesn't mean a thing. Mr. Rodriguez: Right. Mr. Odio: They're only an advisory capacity. Vice Mayor Dawkins: That's right. That's what I'm saying. So get me some... Mayor Clark: You want to say something, Roger? Mr. Barreto, you want to speak on this? Come up here. Mr. Roger Barreto: Mr. Mayor and Commissioners, my name is Roger Barreto, and I'm the chairman of the Assessment Management Committee. And as you know, this is an advisory committee. We advise the Commission. We make recommendations to the Commission. We try to reach a decision based on good policy. And while we haven't met too many times, I do want to say that we asked our director of Asset Management, Mr. Eduardo Rodriguez, many questions pertaining to how the procedure was reached as to why they selected Messrs. Hedge- peth and Gallagher, the firm of Bob Gallagher is here. And it seemed to be reasonable, and they used a good method of reaching a conclusion as to who should be recommended to you. Vice Mayor Dawkins: OK. Let me ask you a question. Did you recommend them to the City Commission, or then the committee set up by the City Manager recommend them to the City Commission. Mr. Barreto: When it was brought before the Committee on Asset Management, the committee proffered a motion, and it was duly seconded and passed, and showing the we recommended to the Commission. Vice Mayor Dawkins: OK. Who evaluated those? - and this is unfair to you - who evaluated the applications received, and made the recommendations to this board? Who did that? Mr. Barreto: As far as I'm concerned, Mr. Rodriguez did, with this committee. Mr. Odio: City staff. Vice Mayor Dawkins: Beg your pardon? Mr. Odio: City staff. Vice Mayor Dawkins: City staff. Mr. Barreto: Yeah, right. Mr. Odio: Right. Vice Mayor Dawkins: And that's all I'm saying. I don't see... I want... I said - maybe I'm the only one up here, I don't know - I think that some people from the public should be involved 97 July 26, 1994 with City staff. I get tired of every time I pick up, and a recommenda... a board. is made up, it does not have one person on there who don't work for the City, Mr. Manager. Mr. Odio: Well, in professional services, we have never had outside people, but if that's what you want, fine. Vice Mayor Dawkins: In other words, there's nobody outside, in the City of Miami, who's a professional, who can sit on this board? Mr. Odio: No, yes, there are many. Vice Mayor Dawkins: OK, then. Commissioner Plummer: Of course, there are. Mayor Clark: All right. Mr. Odio: It's just a policy decision on your part, whether you want that to happen. Vice Mayor Dawkins: No, it's not on my part. I been... No, no, no, now. I've been complaining about this ever since I been here. Commissioner Plummer: Likewise. Mr. Odio: We have civilians in all other committees, but on professional services, we have never had it. So if you want to include them there, that's fine. Mayor Clark: OK. Now we may correct things. Commissioner Plummer: Well, let me just... My vote is the same as Commissioner Dawkins'. In the future, Mr. Manager, I would want... The public sector is not dummies. I would like to have the involvement of the private sector, the public sector, to be involved, to give us some ideas of how business people do business. Mayor Clark: OK. On this, is there a motion on this item? Commissioner Gort: J.L. made a motion. Commissioner Plummer: I'll... I've been... He came to see, and he have proven to me we need to get it done. Mayor Clark: All right. Commissioner Plummer: The only proviso, sir, that I want to make you is, and I will... Mr. Barreto, I want both of you to be aware that there is a provision being asked for that this report go directly to the committee, and bypassing the Manager. Sir, I think you will find that the Law Department will tell you that according to the Charter of this City, it can go to the Manager, and to us, jointly, but you cannot bypass the authority of the Manager. OK? So I want to caution you that, that has to be done, that the Manager, first and foremost... You can share it with us, but don't get yourselves in a violation of the Charter. That's all I'm... Vice Mayor Dawkins: Because I'm not going to vote on it without a recommendation from the Manager, I'm going to tell all of you. 98 July 26, 1994 Mayor Clark: All right. If there's no exception, cast a unanimous ballot on this item. It's been moved and seconded. Commissioner Plummer: So be it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-569 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HEDG-PETH & GALLAGHER, INC. ("CONSULTANT") TO PROVIDE EXPERT PROFESSIONAL SERVICES IN CONNECTION WITH THE CITY'S REAL ESTATE HOLDINGS, AT A COST NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); USING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, AS PREVIOUSLY ALLOCATED BY RESOLUTION NO.94-99. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: Norte. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 29. (A) DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY UNIFIED DEVELOPMENT PROJECT (UDP PROCESS -- PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR UDP -- SET PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. REGARDING DEVELOPMENT OF MARINE STADIUM AND RELATED MARINE AND RECREATIONAL USES AT 3601 RICKENBACKER CAUSEWAY. (B) COMMISSIONER DE YURRE COMMENTS ON PROPOSED STUDIO ENTERTAINMENT CENTER IN VIRGINIA KEY. ------------- ---------------------------------------------------------------------------------------------- Mayor Clark: Item 29. Mr. Cesar Odio (City Manager): I think you want to take that one... Mayor Clark: At two -thirty, that's at two... 99 July 26,1994 Mr. Odio: No, no, this one you can take now, Mr. Mayor. This is the UDP (Unified Development Project) process that we want to start on the Marine Stadium, and I think Commissioner De Yurre should be here for this one. Commissioner Plummer: Well, again, Mr. Manager, you know, it's like Virrick Gym. Where are we going to get the money? Mr. Odio: Commissioner, UDPs are just to make sure that we can get private sector participation with monies. If you do not go out on a process, you do not find out how much money is available out there to do what we need to do there. Commissioner Gort: Yeah... Commissioner Plummer: OK. If that's the case, OK. Mr. Odio: All we're asking is, come in and propose something to us that makes sense that... Commissioner Plummer: All right. Mayor Clark: All right. Is there a motion on this item? Commissioner Plummer: Yeah. I'll move it, Mr. Mayor, to find out that kind of information. Mayor Clark: All right. Is there a second? Commissioner Gort: I'll second, Mr. Mayor. Mayor Clark: Any discussion? Commissioner Plummer: But I just don't want to mislead anybody, that's all. Mayor Clark: Any discussion? Commissioner Plummer: No. Mayor Clark: If not, cast a unanimous... Mr. Odio: Mr. Mayor, I may want to. I think, before you pass... As you know, Mr. Mayor, we had a meeting where we met with the County on the possibility of a studio... Mayor Clark: Yes. Mr. Odio: ... entertainment center. And... Commissioner De YUTre: Yeah. Mr. Mayor, I have been in conversation with a number of people that are interested in putting something there, and certainly, they're ready to go on this. So we need to... And what their planning encompasses the Marine Stadium area, which would be possibly a specialty center/restaurant type of component to the studio, and the shooting areas, if they want to shoot outside in open spaces. There's great interest, particularly from some of the major production companies and studios in the California area into coming into this section. And I believe that, you know, the sooner, the better that we can encompass something that we can put out as a request for bids, or something along those lines, the better, because the interest is there, and it's very strong at this point in time. July 26, 1994 Mayor Clark: Well, this won't hurt that at all. This will help it. Commissioner Plummer: Well, all we're doing here... Vice Mayor Dawkins: Is this for Bicentennial - not Bicentennial - Watson Island... Commissioner De Yurre: No, no, no. Commissioner Plummer: Marine Stadium. Vice Mayor Dawkins: ... and Key Bis... I mean, what's that other thing? Mayor Clark: What this... Vice Mayor Dawkins: Virginia Key? Mayor Clark: Yeah. Vice Mayor Dawkins: That's for all of that? Mr. Odio: Yes. Were talking about... This is the Marine Stadium plan right now. Commissioner Plummer: This is just the Marine... Vice Mayor Dawkins: No, no, no. Now, wait, now. We're saying here, develop a unified development for all of it. This is not... Mr. Odio: All of the Marine Stadium, parking lot, and that area. Then you have the next one, we'll get Virginia Beach, which is the other parts of the properties we own there. Vice Mayor Dawkins: OK. All right. This is the one where y'all took my two million dollars to put a sewer where it's nothing there. Right? Mayor Clark: No, no, no. That's Watson Island. Commissioner Plummer: No, that's Watson Island. That was two million dollars. Mr. Jack Luft: No. No, that's Watson. Different place. Commissioner De Yurre: Mr. Mayor, as part of the area in Virginia Key that a studio would be interested in, as far as open spaces. They find it most attractive to have as much of the beach side available and kept as is, so that they can make their beach shootings in that section. Mayor Clark: Well, we've met with some people, but not the people you met with. That's good. Let's move on this item. Commissioner Plummer: We did. Commissioner Gort: Move it. We moved it. Commissioner Plummer: Second. Mayor. Clark: Cast a unanimous ballot, Madam Clerk. 101 July 26 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: i RESOLUTION NO. 94-570 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY THE UNIFIED DEVELOPMENT PROJECT (UDP) PROCESS; AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) TO A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF THE MIAMI MARINE j STADIUM AND RELATED MARINE AND RECREATIONAL USES ON CITY - OWNED WATERFRONT PROPERTY LOCATED AT 3601 RICKENBACKER i CAUSEWAY, MIAMI, FLORIDA. (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 j the following vote: i I AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. i Vice Mayor Dawkins: Mr. Mayor, a point of privilege. Howard Gary has been sitting here all day, and I'd like to get rid of him. ---------------------------------------------------------------------------------------------------------------- 30. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY THE UNIFIED DEVELOPMENT PROJECT (UDP) PROCESS -- AUTHORIZE DRAFT REQUEST FOR PROPOSALS (RFP) FOR UDP -- SET PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. REGARDING DEVELOPMENT OF A RECREATIONAL CAMPGROUND AND ANCILLARY RECREATIONAL FACILITIES ON CITY -OWNED j WATERFRONT PROPERTY AT VIRGINIA KEY BEACH. i ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 35. Vice Mayor Dawkins: Could I move 35 out of order? r Commissioner De Yurre: OK. But before you get it... _ r i 102 July -26, 1994 - Commissioner Plummer: No. Commissioner De Yurre: ... I want to finish this situation as to Virginia Key, as to where we're headed. Vice Mayor Dawkins: Go ahead. Commissioner De Yurre: Because these people want to be in a position so that they can start working on this and make a bid. So are we going to have something structured by the Administration that will go out for bids, so that they can respond to it? Commissioner Gort: No. They're going to come to us. I Mr. Odio: That's what we're doing. Vice Mayor Dawkins: They, and everybody else. I Commissioner Plummer: That's right. Mr. Luft: This is... Mr. Odio: We're combined with thirty. Vice Mayor Dawkins: They can, and everybody else can. Commissioner De Yurre: Does this also include the component of the one thousand -room facility that we're talking about? Vice Mayor Dawkins: No. Mr. Odio: No. That's a separate UD... Commissioner De Yurre: When is that going to happen? Mr. Odio: In September. Mr. Luft: The... This item and the next item are an authorization to prepare an RFP, which will I be brought back to you in October. Mayor Clark: For your consideration. Mr. Luft: We're skipping the budget hearings in September, but we'll be back in October. i Mr. Odio: Excuse me. He's asking about the point. f Mr. Luft: Yes. That can be part of the second item, if you choose to include that whole area along the oceanfront. Commissioner De Yurre: OK. Well, I want everything so that we can move on this. Mr. Luft: We can include two big... two packages. Vice Mayor Dawkins: Wait, wait, wait. 103 July 26, 1994 i I Mr. Luft: Marine Stadium is one, and the Oceanfront is the other. Vice Mayor Dawkins: Wait, wait, wait. Don't confuse me. OK? Are you talking about the development of the total Watson Island project? Mr. Luft: No. This is not Watson Island. Mayor Clark: No. Virginia Key. Vice Mayor Dawkins: OK. Virginia Key. Mr. Luft: Virginia Key. Only Virginia Key. Mayor Clark: Brought in two separate segments. Vice Mayor Dawkins: No problem. OK. I don't have no problem with that. Go ahead. Commissioner De Yurre: OK. Mayor Clark: All right. Move item number 30. Commissioner Plummer: I move it, Mr. Mayor. Mayor Clark: Second? Commissioner Gort: Second. Mayor Clark: Any discussion? Cast a unanimous ballot. Item 30... Vice Mayor Dawkins: Thirty-five. Ms. Mabel Miller: I'm sorry. Vice Mayor Dawkins: Ma'am? Ms. Miller: I was waiting for an opportunity to speak. Vice Mayor Dawkins: Yes, ma'am, I'm sorry. Ms. Miller: My name is Mabel Miller. I live at 210 Seaview Drive, Key Biscayne. Mayor Clark: Key Biscayne. Ms. Miller: Right. Commissioner Plummer: Oh. Ms. Miller: I'm a long-term reacher with Dade County Schools, an educational specialist in science and environmental education. Also a member of a group called Friends of Virginia Key. Mayor Clark: Yes. Ms. Miller: We have been overlooking and trying to protect... 104 July 26, 1994 Commissioner Plummer: Friends of Virginia Key. Ms. Miller: ... Virginia Key's natural resources, and its park, ever since way back in 1979. Commissioner Plummer: I've never heard of them. Ms. Miller: Well, you have now. Commissioner Plummer: No, I mean, the Friends of Virginia Key, since nobody lives there, I... Ms. Miller: Well, Virginia Key has its friends, and we are citizens. Among us are naturalists, and scientists, and teachers, environmentalists. Now, the point I'd like to make is, Virginia Key and its resources, and Virginia Key Park seems periodically to be up for grabs. I'll point out to you that in 1979, there was an effort to give over thirty-three prime acres in Virginia Key Park to the Goodyear Tire and Rubber Company. Our small citizen group stood up against that concept. We had the cooperation of the Governor, and a hearing office. And J.L. Plummer was responsive enough to realize that when they wanted to commercialize... Commissioner Plummer: Yeah. Ms. Miller: ... and build a nine -story hangar for the blimp... Commissioner Plummer: Ten. l Ms. Miller: ... excuse me. And they claimed they would never come back to Miami if we didn't j give it to them. They've gone to Pompano, we see them all the time. Our group is very much for protecting the resources, and the park, and its integrity. And one of the things we'd like to ask you to do, we know that you have a concept for commercial development in Virginia Key park, and that is for a commercial campground. Though we would like there not to be commercial development, when you compare the blimp hangar or a film studio, which is an aspiration of Maurice Ferre and Mr. Stallone, and Emilio Estefan, we are against that kind of f development. However, a campground, a commercial campground has possibilities. What we'd like to ask you to do in your planning is to assign a citizen task force that would include some of } us who have had long-term interest in the protection of that area to be advisory to that enterprise, and in your contracting, if you get that far, with someone who responds to the building of a commercial campground, if you would make a provision - and I know you all care about kids, that's been demonstrated today - if you will make a provision with the contractor that they will help us establish on Virginia Key, in the park, an organized group camp setting for the children of our community. And we are ready to help you with that. Mayor Clark: Well, let us get through this RFP process first, Ms. Miller. Commissioner Plummer: Yeah, we'll look at it, Ms. Miller. Mayor Clark: Happy to accommodate you. Ms. Miller: Good. We'll depend on that. Thank you. Mayor Clark: Motion and a second on this item. Commissioner Plummer: Yes, sir. Move it. Mayor Clark: Cast a unanimous ballot. i 105 July 26,1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-571 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY THE UNIFIED DEVELOPMENT PROJECT (UDP) PROCESS; AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF A RECREATIONAL CAMPGROUND AND ANCILLARY RECREATIONAL. FACILITIES ON CITY - OWNED WATERFRONT PROPERTY LOCATED AT VIRGINIA KEY BEACH, MIAMI, FLORIDA. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Miller's about to... Vice Mayor Dawkins: Thirty... Commissioner Plummer: Let me ask the Administration, when would the RFP... Would that be ready by October meeting? Mr. Odio: October, yes, sir. Commissioner Plummer: Now, I would like to see, Jack, some people that are knowledgeable about these kinds of endeavors to be involved with putting together that RFP. Mr. Luft: Yes, sir. Commissioner Plummer: OK? I'd like to see some people, whoever you choose. I'm not asking that you choose anybody that I know or don't know, but I definitely would like to see people that are involved in that industry be involved in helping to formulate the RFP. Mayor Clark: What industry are you talking about? Vice Mayor Dawkins: What industry you talking about? 106 July 26,1994 l i Mr. Luft: Campgrounds. r Commissioner Plummer: Well, motor homes, RV parks, and tent and camp sites, Mr. Mayor. An outfit like KOA, Outdoor Resort. Mr. Luft: We're working with the National... Commissioner Plummer: All of those would be. j Mayor Clark: Motorcycles? Commissioner Plummer: No, sir. Vice Mayor Dawkins: I nominate Carmen Arbolyea for the chairperson. Commissioner Plummer: Nope, no motorcycles. Mayor Clark: OK. Commissioner Plummer: That's next week. Mayor Clark: Jack, include some of those people in there. I Mr. Luft: We're all working with them now. ---------------------------------------------------------------------------------------------------------------- 31. EXTEND EXISTING AGREEMENT WITH HOWARD GARY & COMPANY AND RAYMOND JAMES & ASSOCIATES, INC. FOR ONE-YEAR (COMMENCING OCTOBER 1, 1994) -- FOR PROVISION OF FINANCIAL ADVISORY SERVICES. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 35. Vice Mayor Dawkins: Mr. Bailey - I mean, Mr. Gary. Commissioner Gort: Mr. Mayor, I got to check with... Mayor Clark: You have to step out. He has a conflict. Commissioner Gort: I got to check out with an attorney. I have to... I think I might have... I don't a conflict of interest in this item, but it could be perceived, since I'm in the same business, as a conflict of interest. Mayor Clark: Well, you step out. Step out. Step to the side. Thank you. A resolution authorizing the City Manager to execute Amendment Number 1 in a form acceptable to the City Attorney to the existing agreement with Howard Gary and Company, Raymond James and E Associates. Vice Mayor Dawkins: For how long? Mayor Clark: For a one-year period. Do you move it? 107 July 26,1994 Vice Mayor Dawkins: One year. Yes, move it. Commissioner Plummer: One year? Mayor Clark: I'll second the motion. All in favor of the motion, signify by saying "aye." All Commissioners Collectively: Aye. Mayor Clark: Opposed, like sign. So ordered. Thank you. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-572 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE EXISTING AGREEMENT WITH HOWARD GARY & COMPANY AND RAYMOND JA.MES & ASSOCIATES, INC., FOR A ONE-YEAR PERIOD COMMENCING OCTOBER 1, 1994, FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES; ALLOCATING FUNDS THEREFOR FROM APPROPRIATED CAPITAL IMPROVEMENT PROJECT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ABSTAINED: Commissioner Wifredo Gort ---------------------------------------------------------------------------- 32. APPROVE AND SUBMIT TO ELECTORATE PROPOSED CHARTER AMENDMENTS KNOWN AS CHARTER AMENDMENT NO, 1, IN ORDER TO: (1) PROVIDE FOR METHOD OF ESTABLISHING QUALIFICATIONS FOR PROSPECTIVE PROPOSERS FOR UDPs; (2) AUTHORIZE CITY COMMISSION TO AMEND CONTRACTS IMPROVING OR DISPOSING OF CITY PROPERTY UNDER CERTAIN CONDITIONS; (3) ELIMINATE REQUIREMENT OF OBTAINING THREE PROPOSALS FOR A PROJECT TO IMPROVE OR DISPOSE OF CITY -OWNED OR TO BE ACQUIRED PROPERTY AND THE REFERENDUM REQUIREMENT FOR APPROVAL OF SAID PROJECT; (4) PROHIBIT CITY MANAGER FROM RECOMMENDING A PROPOSAL. PROVIDING LESS THAN FAIR MARKET VALUE UNLESS EXEMPTED FROM SUCH REQUIREMENT; (5) EXEMPT SALES OR LEASES TO QUALIFIED COMMUNITY BASED ORGANIZATIONS FROM THE REQUIREMENT THAT SUCH SALE / LEASE PROVIDE A RETURN TO THE CITY OF FAIR MARKET VALUE; AND (6) PROVIDE FOR RESOLUTION OF PROTESTS FILED IN CONNECTION WITH ANY REQUEST FOR PROPOSALS OR CONTRACT FOR IMPROVEMENT / DISPOSITION OF CITY -OWNED OR TO BE ACQUIRED PROPERTY -- PROVIDE FOR SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 1994 -- DESIGNATE CITY CLERK AS OFFICIAL REPRESENTATIVE OF CITY COMMISSION WITH RESPECT TO SAID ELECTION; ETC. Mayor Clark: Item number 31. Vice Mayor Dawkins: Thirty-one or 32? Mayor Clark: Charter Amendment. Ms. Matty Hirai (City Clerk): Thirty-one. Mayor Clark: Is this... No, it's a resolution. Mr. Cesar Odio (City Manager): Thirty-one. Commissioner Plummer: I have only one deletion out here, Mr. Mayor. "A method of establishing qualifications of prospective proposers for UDPs, authorizing the City Manager or the City Commission." I would like to see the words, "City Commission." I think it's our responsibility to be the one who makes the approval. Mr. Herb Bailey: What number is that, Commissioner? Commissioner Plummer: Under number 2. Mr. Bailey: Under number 2? Commissioner Plummer: Yes, sir. Mr. Bailey: Do you want to just have "authorize the City Commission"? 109 July 26, 1994 Commissioner Plummer: The City Commission, yes. I think... Mr. Bailey: And remove the City Manager. Commissioner Plummer: Right. Mr. Bailey: All right. Commissioner Plummer: I think it's our responsibility, and we can't abdicate that responsibility. Other than that, I'll move it. Mayor Clark: Is it a resolution? Commissioner Plummer: Y•es, sir. Vice Mayor Dawkins: Second. Mayor Clark: Call the roll. N The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-573 A RESOLUTION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE PROPOSED CHARTER AMENDMENTS, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO: (1) PROVIDE A METHOD OF ESTABLISHING QUALIFICATIONS OF PROSPECTIVE PURPOSES FOR UNIFIED DEVELOPMENT PROJECTS ("UDPs"); (2) AUTHORIZE THE CITY COMMISSION TO AMEND CONTRACTS IMPROVING OR DISPOSING OF CITY PROPERTY AFTER AN ADVERTISED PUBLIC HEARING; (3) ELIMINATE THE REQUIREMENT OF OBTAINING THREE (3) PROPOSALS FOR A PROJECT TO IMPROVE OR DISPOSE OF CITY OWNED OR TO BE ACQUIRED PROPERTY AND THE REFERENDUM REQUIREMENT FOR THE APPROVAL OF SAID PROJECT; (4) PROHIBITING THE CITY MANAGER FROM RECOMMENDING A PROPOSAL PROVIDING LESS THAN FAIR MARKET VALUE UNLESS SUCH PROPOSAL IS EXEMPTED FORM SUCH REQUIREMENT; (5) EXEMPT SALES OR LEASES TO QUALIFIED COMMUNITY BASED ORGANIZATIONS FROM THE REQUIREMENT THAT SUCH SALE OR LEASE PROVIDE A RETURN TO THE CITY OF FAIR MARKET VALUE; AND (6) PROVIDE FOR THE RESOLUTION OF PROTESTS FILED IN CONNECTION WITH ANY REQUEST FOR QUALIFICATIONS REQUEST FOR PROPOSALS OR CONTRACT FOR THE IMPROVEMENT OR DISPOSITION OF CITY OWNED OR TO BE ACQUIRED PROPERTY; MORE PARTICULARLY BY AMENDING CHARTER SECTIONS 3(f), 29-A(c), 29-13, AND 29-D, AND BY DELETING CHARTER SECTION 29-C IN ITS ENTIRETY; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD THE 8TH DAY OF NOVEMBER, 1994, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort July 26, 1994 Mayor Clark: Item 32. Commissioner Plummer: That was, as I understood, was going to be this afternoon. Mr. Odio: Two -thirty. Mayor Clark: Two -thirty. All right. Thirty-three. Ms. Linda Kearson: Same thing. Mr. Odio: This would be the same. They're combined. Ms. Kearson: Companion item. Mr. Odio: It's a companion; number 32 and 33. NOTE FOR THE RECORD: At this point, Agenda items 32 and 3 were tabled unto 2:30 p.m., and Agenda item 34 was withdrawn. ------------------------------------------------------------------ ---------------------- 33. ACCEPT CITY OF MIAMI COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1993. ------ --------------------------------------------- ------------------------------------------------------------- I Commissioner Plummer: Thirty -five, 34, 30... We're on 36. i Mayor Clark: Do you move it, J.L.? Vice Mayor Dawkins: Thirty-four, withdrawn. Commissioner Plummer: Thirty-four is withdrawn. Mayor Clark: Yeah. Commissioner Plummer: Thirty-five, we've done. So we're now on 36. i Mayor Clark: We can always go to 33, 34. i l Commissioner Plummer: I'm sorry. Ms. Kearson: Thirty-one, we did. t Mayor Clark: Thirty-four... It's 33, right? Commissioner Plummer: Thirty-two and 33 are the same. 1 Mr. Cesar Odio (City Manager): Thirty-three is the same, at two -thirty. July 26,1994 Mayor Clark: Oh, that's right. OK. Commissioner Plummer: So we're down now to 36, correct? Mr.Odio: Yes. Mayor Clark: Yes, correct. Commissioner Plummer: By accepting this, what are we actually doing, locking in? Mr. Carlos Garcia: It is a requirement of the State of Florida that financial statements be accepted in the it Commission meeting. Commissioner Plummer: Don't mean anything. I'll move it. Mayor Clark: Second. Cast a unanimous ballot, with no exception. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-574 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY OF MIAMI, FLORIDA, COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1993 (ATTACHED HERETO AS EXHIBIT NO. 1 AND INCORPORATED HEREIN.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. I ABSENT: Commissioner Wifredo Gort i i r ---------------------------------------------- ------------------------------------------------------------------ 34. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF $18,000,000 SPECIAL NON - AD VALOREM REVENUE BONDS, SERIES 1994 TO FINANCE THE FUNDING OF A SELF-INSURANCE CLAIMS RESERVE FUND -- AWARD A NEGOTIATED SALE OF THE BONDS TO WILLIAM R. HOUGH & CO. (UNDERWRITER); ETC.-- ROLL CALL NOT TAKEN AT THIS TIME. (See label 37) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Thirty-seven. Commissioner Plummer: Why were these particular companies chosen to be the underwriters? Mr. Carlos Garcia: These companies were chosen... Commissioner Plummer: Were they on a list, Carlos? Mr. Garcia: Sir? Yes, they are listed here, Commissioner. They are... They were chosen by the Florida League of Cities through the competitive process they follow under their Capital Financing Assistance Program. Commissioner Plummer: Are you getting this from the Florida League of Cities? Mr. Garcia: Yes, sir, through them, with their assistance. Commissioner Plummer: Through that new commercial bond issue? Mr. Garcia: No. It's called their Capital Financing Assistance Program. They are assisting in putting the transaction together. Commissioner Plummer: The lease. Mr. Garcia: Yes, sir. The lease has been since day one. Commissioner Plummer: OK. And they are the ones who recommended these underwriters? Mr. Garcia: Yes, yes, Commissioner, they have. Commissioner Plummer: I move it, Mr. Mayor. Mayor Clark: Second. Cast a unanimous ballot. Number 38. Vice Mayor Dawkins: Under discussion. Mr. Manager, up here before, you said you were going to spend "X" dollars to educate the people about the bond issues. At that time, I passed... I asked that I be given one-third of whatever you be given to educate the people, also. Now, I see people in the Police Department in uniform, going around, selling the bond issue. I see people in the Fire Department going around selling bond issues. But I have yet to come up, for you to tell me that, "you have 'X' dollars to go out and contract with people to educate them about the bond issue." Can you tell me where that is, and what it is, Mr. Manager? Mr. Cesar Odio (City Manager): Yes, sir. I had that request. It will have to come... We will take care of it. 114 July 26, 1994 Commissioner Plummer: Well, but Mr. Manager, Mr. Dawkins and I have both indicated that we're going to go out and try to defeat this issue in the public, and for you to allow the Police Department and the Fire Department to go out now, which, first of all, I think is illegal, on City time. Mr. Odio: No, it is not. They are educating the public. Commissioner Plummer: Well, are they giving both sides of the story? Not from what I hear, sir. Mr. Odio: Well, you can give the other side. Commissioner Plummer: Well, excuse me. Mr. Odio: We'll give the positive side. Commissioner Plummer: Excuse me. People on City payroll, if I find them not educating both sides, pro and con, I'm going to call somebody on the carpet. Now, what I'm saying to you is, this ballot is coming up very quickly. You have not allocated... Vice Mayor Dawkins: Well, I need to know today from him, J.L. When will we get the money? We're not a line item. We don't need any money, Mr. Manager. We need a line item. Commissioner Plummer: Well, let's put it this way. I will make a motion at this time that no monies be expended for the purposes of this bond issue until all monies are ready to be disbursed at the same time. Vice Mayor Dawkins: Second. Mr. Odio: The monies... Before you pass that, the money that you requested has been set aside. Vice Mayor Dawkins: Where is it? Mr. Odio: It's in the Fire budget and in the Police budget. Vice Mayor Dawkins: Well, what... Mr. Odio: And we... And the... Vice Mayor Dawkins: Well, what's the procedure for obtaining it out of their budget? Mr. Odio: I will let you know exactly. Commissioner Plummer: Is it payable December 1st? I mean, after the election? Mr. Odio: Well, we are hoping it will pass, the bond issue, anyway, but I will make the funds available to you immediately. Commissioner Plummer: All right. I will ask at this time... Mr. Odio: But we already have spent money, so your motion would not be in order, because we already have spent monies. 115 July 26, 1994 Vice Mayor Dawkins: No, no, no. No, no, now. See, that's why, that's why I have a problem. Commissioner Plummer: It's not supposed to be done. Vice Mayor Dawkins: It wasn't supposed to be done. Mayor Clark: Everybody has a problem, and some people don't have problems up here. Let the man speak first. Mr. Odio: You ordered us, you said we could use funds to educate the public on the bond issues, and we have done so. Vice Mayor Dawkins: But I also said that you should give me one-third of what you were going to spend. Mayor Clark: Right. Vice Mayor Dawkins: And now you tell me you spent some, but I can't get one-third of what you spent. Mr. Odio: You can get it. I said it's set aside. If you give us a bill for what._ if you're producing a video tape or... We need to have an accounting, really. Vice Mayor Dawkins: No, no, no. Well, you give me a letter. You give me a letter stating how much money we have, and then I can go to somebody and contract with them. Mr. Odio- OK. Sure. Fine. Vice Mayor Dawkins: I can't go to somebody and contract with them. Mr. Odio: We'll do it immediately, today. Commissioner Plummer: And also, making time available on Channel 9. Mr. Odio: Channel 9, fine. Commissioner Plummer: OK. Now, I would like a list... Mr. Odio: We want the public to have both positive and the negative side. Commissioner Plummer: Of course, of course, they should. But, now, what I want from you, sir, and I think this Commission should require, that you give us a list of all of the bond issues that are presently outstanding for this City. This is about the fifth or the sixth bond issue this year. The County's going out with a two billion dollar bond issue. The School Board just went out with a billion dollar issue. The School Board's going up eight percent in their taxes. The County's going up eight percent in their taxes. Mr. Manager, I'm going to tell you... Mr. Odio: But you know what? Commissioner Plummer: ... I have never... Mayor Clark: You know why we're not going up eight percent? We can't. That's the reason. 116 ' July 26, 1994 Commissioner Plummer: Hey. Mr. Odio: And, Commissioner, when you start asking me why the buildings are run down or why we don't have new facilities, I'll remind you, you voted against the bond issue. Commissioner Plummer: Mr. Manager... Mayor Clark: Not only that, but you... Vice Mayor Dawkins: You know what? Now, I would take that, if that was true. OK? I voted for bond issues, and nothing happened, and I've voted against bond issues, and nothing happened. Commissioner Plummer: And nothing happened. Vice Mayor Dawkins: Now, right now, Mr. Manager, which I will tell the people, I'm going to tell them now, and I will... And since J.L. asked, there is "X" dollars in the firemen's budget for the renovation and the rebuilding of the station on 36th Street, and the fire training station. It has never been done, and that bond issue was passed ten years ago. That's right. Now, see, that's OK. I'll bring that up. I'll bring it up. See, don't tell... Mayor Clark: Well, I'll tell you, I'll tell you, I don't know who your Mayor was at that time, but that wouldn't have happened under my Administration, I'll tell you that. Vice Mayor Dawkins: I'm so sorry you weren't here, because it happened. Mayor Clark: I'll tell you, because those ordinances are drawn for that specific purpose, and they can't be spent on anything else but a capital improvement, under a general obligation bond issue. You can talk about they get bigger salaries. That never comes out of that. Here's a bond man. He'll tell you what it's to be spent on. Nothing but capital improvements. I£ that money was spent on something else, somebody should go to jail. Mr. Odio: Just for the record, that training center the Commissioner is referring to was at the old 36th Street, it was the old training site. We spent that money, according to the law, in the new training center here in Coconut Grove. Mayor Clark: As long as it was spent for a capital improvement. Vice Mayor Dawkins: OK. All right. Mr. Odio: That's what it... It was the training center for the Fire Department in Coconut Grove. Vice Mayor Dawkins: OK. You spent... We... You also had money in a police bond issue to redo the police fire range. It's not in there. Now, where did you build another fire range? Commissioner Plummer: Hialeah. Vice Mayor Dawkins: Hialeah? OK. Goodenough. Commissioner Plummer: Now, you know, let me just put it this way. I was born in this town. All right? Vice Mayor Dawkins: No kidding. Commissioner Plummer: I have never, ever seen so many houses for sale as I see presently. And, my friend, there's a reason. There's a reason, OK? People are getting all they can handle. Take it from there. Mayor Clark: Funds are low, that's the problem. Funds are low. Funds are low. Commissioner Plummer: Mazel tov. Mayor Clark: Let me tell you, I have never - and I have gone through many bond issues in the last thirty-five years I've been in government - and I have never seen a police or fire issue properly presented to the public for capital improvements go down the drain, and this one is not going to go down the drain. And I reserve my comments for my colleague, Mr. Plummer, and Mr... I'll show you how to pass this thing. Vice Mayor Dawkins: And I'm going to show you how to defeat it. Mayor Clark: Oh, no. Vice Mayor Dawkins: We got it beat. Mayor Clark: Absolutely... Vice Mayor Dawkins: All right, that's all right. Commissioner Plummer: I'm not part of that deal. Mayor Clark: OK. He'll handle the cadaver. Commissioner Plummer: Yeah. Whichever one of you drop dead, I'll take advantage of. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 35. ENGAGE ARTHUR ENGLAND, ESQ., OF GREENBERG, TRAURIG, FOR SERVICES FOR APPEAL TO U.S. COURT OF APPEALS FOR 11TH CIRCUIT IN THE CASE OF CIRCA, LTD. ET AL VS. THE CITY OF MIAMI (CASE NO. 93-5360) (FEES IN THE AMOUNT OF $50,000). -------------------------------------------------------------------------------------------------- ------ ---- Mayor Clark: Item number 38. Commissioner Plummer: But I won't accept my money from the bond issue. Move it. Mr. Cesar Odio (City Manager): Thirty-seven, Mr. Mayor, was it voted on? Commissioner Plummer: It's one more case of the City Attorney's Office not doing what they're supposed to do. I moved it, Mr. Mayor. Mayor Clark: Thirty-seven? We moved that, haven't we? Commissioner Plummer: Thirty-eight. 118 July 26, 1994 Vice Mayor Dawkins: Second. Mayor Clark: Well, 39 now? Cast a unanimous ballot. t The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-575 A RESOLUTION AUTHORIZING THE ENGAGEMENT OF ARTHUR ENGLAND OF THE LAW FIRM OF GREENBERG, TRAURIG FOR SERVICES FOR THE APPEAL. TO THE U.S. COURT OF APPEALS FOR THE 11TH CIRCUIT IN THE CASE OF CIRCA, LTD., ET AL. VS. CITY OF MIAMI, CASE NO. 93-5360, IN THE AMOUNT OF $50,000, AND IN THE EVENT THE JUDGMENT IS REVERSED IN PART OR IN ITS ENTIRETY, A SUCCESS FEE PAYABLE AND EQUAL TO TEN PERCENT (10%) OF THE AGGREGATE SAVINGS TO THE CITY; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. --------------------------------------------------------------------------------------------------- ------ 36. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO COMPUTE A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR FISCAL YEAR OCTOBER 1, 1994 - SEPTEMBER 30, 1995. (See label 38) [Note: Item momentarily tabled to call roll on agenda 37 -- see label 34, above) ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Thirty-nine. Mayor Clark: Millage rates, millage rates. Commissioner Gort: What we got? Mayor Clark: Thirty-nine. Commissioner Plummer: Well, I got problems with the budget, but I'm going to vote today to approve this millage. 119 July 26, 1994 Vice Mayor Dawkins: Hold on. I got to get back here. Say what, J.L.? What item are we on now? Commissioner Plummer: Thirty-nine. Mayor Clark: Please, please, please. Now, let's bring this back down to one person at a time speaking. Item 39, and Mr. Plummer has the floor. Commissioner Plummer: I moved it, Mr. Clark, but we have to establish it by law. We have to establish it at a high rate, because we cannot reduce it and then go back up. Mr. Odio: I'm not establishing a high rate. Commissioner Plummer: The regular rate. Mayor Clark: Please, one at a time. Commissioner Plummer: OK? Mayor Clark: Now, Mr. Dawkins. Vice Mayor Dawkins: I don't have anything to say, Mr. Mayor. Commissioner Plummer: I definitely have problems, especially in the Police Department, relating to the PSA (public service aide) program, but I'Il deal with that accordingly, during the budget process. But today, we have to establish this as the millage, under State law. I so move. [AT THIS POINT, ITEM 39 IS INTERRUPTED.] ---------------------------------------------------------------------------------------------------------------- 37. (Continued) OFFICIAL ROLL CALL ON AG 37 -- AUTHORIZE ISSUANCE OF $18,000,000 SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994. (See label 34) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Complete the roll call on 37. Cast a unanimous ballot. Ms. Matty Hirai (City Clerk): Yes, thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-576 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $18,000,000 SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994, OF THE CITY FOR THE PURPOSE OF FINANCING THE FUNDING OF A SELF INSURANCE CLAIMS RESERVE FUND OF THE CITY; PROVIDING FOR THE PAYMENT OF THE BONDS FROM NON -AD VALOREM REVENUES AVAILABLE TO THE CITY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE MAYOR OR THE CITY MANAGER THE AUTHORITY TO AWARD A NEGOTIATED SALE OF THE BONDS TO WILLIAM R. HOUGH & CO., AS REPRESENTATIVE OF THE UNDERWRITING GROUP AND APPROVING THE CONDITIONS AND CRITERIA OF SUCH SALE; ACCEPTING A COMMITMENT FROM THE BOND INSURER FOR A MUNICIPAL BOND INSURANCE POLICY TO INSURE THE BONDS; ACCEPTING A COMMITMENT FROM FINANCIAL GUARANTY INSURANCE COMPANY FOR A RESERVE FUND INSURANCE POLICY FOR THE 1994 RESERVE ACCOUNT; APPROVING THE FORM AND AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING CERTAIN OTHER DETAILS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 121 July 26, 1994 Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------'------------------------------------------ ------------------------------------------------ 38. (Continued) COMPUTE PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR FISCAL YEAR OCTOBER 1, 1994 - SEPTEMBER 30, 1995 -- AUTHORIZE SUBMITTAL TO DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR, ETC. (See label 36) ------------------ --------------------------------------------------------------------------------------------- Mayor Clark: Thirty-nine offered by Mr. Plummer, seconded by... Commissioner Gort: Gort. Mayor Clark:... Mr. Gort. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-577 A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 122_ ' July 26, 1994 i 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Item number 40. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Commissioner Gort: A point of order. We skipped from 31... from 30 to 35. Should we go back to regular agenda? Commissioner Plummer: To what? Mayor Clark: No, we passed all... i Commissioner Plummer: That's this afternoon, Willy. Commissioner Gort: Thirty-one? Commissioner Plummer: Isn't that Virginia Key? Mayor Clark: Yeah. Commissioner Plummer: That's this afternoon after 2:30. Commissioner Gort: Thirty-twn_ 33. 3d withdrawn? C')K A11 ricrht ------------------------------------------------------- --- - 39. (A) APPROVE RESOLUTION DESIGNATING ARCHITECTURAL SERVICES FOR CITY PROJECTS IN 1995-1996 AS CATEGORY "B" PROJECT -- APPOINT CERTIFICATION COMMITTEE -- APPROVE MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE -- APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. (B) RECONSIDER PRIOR VOTE WHICH APPROVED AGENDA ITEM 40 (See label 39A) (C) DEFER BOTH AGENDA ITEM 40 (See label 39A) AND AGENDA ITEM 41 (PROPOSED RESOLUTION DESIGNATING ENGINEERING SERVICES FOR CITY PROJECTS 1995-1.996 AS CATEGORY "B" PROJECTS -- APPOINT CERTIFICATION COMMITTEE -- APPROVE MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE -- APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. [Note for the Record: City Commission urged City Manager to ensure that at least 50% of the members of the competitive selection committee be from the private sector.] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 40. Commissioner Plummer: Forty and 41, Mr. Manager, look to me to be the same. Why is there a... There's both Category B... Mr. Cesar Odio (City Manager): One is the architectural, and the other one is engineering. Commissioner Plummer: OK. I move both of them. Mr. Odio: And this is in order to expedite our projects. Mayor Clark: On item number 40, there's a motion and a second. Cast a unanimous ballot. i t r i July 26, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-578 A RESOLUTION DESIGNATING ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING A REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE,. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner De Yurre: Mr. Mayor, a question. Commissioner Plummer: That's just a matter of understanding. Mayor Clark: What? Commissioner De Yurre: Am I mistaken, or did we at some point in time decide that we would be selecting the members of these committees, as opposed to the Manager's office? Commissioner Plummer: For what? Commissioner De Yurre: For all these issues. A. Quinn Jones, III, Esq. (City Attorney): Certification committee. Commissioner Plummer: Oh. Mr. Jim Kay: Commissioner, I... The way the Code is set up, the City Manager appoints the selection committee, but you folks approve the competitive - excuse me - the certification committee. Commissioner De Yurre: Well, is that per the Code, or per the Charter? Mr. Jones: It's the Code. 125 July 26, 1994 Mr. Kay: It's the Code. Commissioner De Yurre: It's the Code. So it's something that we can change. I thought we had discussed this, Mr. Mayor. Do you recall this at all, or am I just... Mayor Clark: No, not this, I don't. Commissioner De Yurre: No, I'm talking about the concept in general. Commissioner Plummer: Well, let me tell you the way I feel, and I'll make my statement again, if I may. I think that the Manager should appoint a selection committee, but fifty percent of the committee should be from the public and outside, and subject to the Commission approval. Commissioner Gort: Professionals in the field. Commissioner Plummer: You know, I just strongly feel, Mr. Manager, that you should tap the resources of the private sector. I mean, you know, sure, they're profit motivated. But profit's not a dirty word in the private sector, and if they can help us, give us better service and better insight, I think that's what we should do. Mr. Odio: It says... The Code is fine. It says here that one or more professionals in the field of practice involved can be appointed. And there is... Commissioner Plummer: Well, I think Commissioner De Yurre is speaking to all committees for evaluating. Commissioner De Yurre: Well, I thought that we had talked about this months ago. Commissioner Plummer: We did. Commissioner De Yurre: So where are we? Are we going to implement something, or are we just going to let it stand as is? That's all. That's my only question. Mayor Clark: You mean on the selection committee. Commissioner De Yurre: That's right. In general, do we... We talk about us selecting the members to be on these selection committees. Mayor Clark: Oh, I see. Commissioner De Yurre: As opposed to something coming to us out of the blue, that we have no say over. Commissioner Plummer: Well, here again, I would say fifty/fifty. I think you have to have people from the inside of the Administration... Commissioner Gort: We do. Commissioner Plummer: ... to give an insight of why we're doing it, and how it's being done, and the areas that are pitfalls. So I think you have to have a balance of the inside people that the Manager would recommend- -if it's a Public Works project, people from Public Works - but also, I see the need, in my estimation, to have people from the outside. 126 July 26, 1994 Mayor Clark: All right. Let's move forward. Commissioner De Yurre: OK. Now, do we have the ability, then, to select the people from the outside? Mr. Odio: See, that's... If you select the people from the outside, and then I have to recommend what they're telling me to do, I'm not going to recommend it, because I have to make sure that what I recommend to you is a professional recommendation. So whoever is in the selection committee, and I have to abide by what they are recommending, I will have to trust that they're doing it in a very professional manner. Mayor Clark: All right, fine. Let's get... We got time to work on that. Commissioner Plummer: Well, Mr. Mayor, I think in 40 and 41, this is appointing, the City Manager's appointment. Mayor Clark: Well, I'm not against that myself. Commissioner Plummer: Well, who are they? Let's ask who they are. Mr. Jim Kay: OK. In item number 41, the City Manager is recommending that Mr. Allan Poms, of the Public Works Department be appointed chairperson of the competitive selection committee. And further, it is recommended that three people from the certification committee... We're recommending three people: Mr. Allan Poms, of the Public Works Department; Mr. Joseph McManus, of the Planning, Building and Zoning Department; and Mr. Santiago Ventura, of the Planning, Building and Zoning Department. Commissioner Plummer: Who are the outside people? Mr. Kay: That was just for... What I read to you were the names for the certification committee. The outside people are those people that would be appointed, as per Code, which would include City staff and then... Commissioner Plummer: Outside people. Mr. Kay: ... one or more outside people. We have not... Commissioner Plummer: Who are the out... Mr. Kay: We have not made that appointment for the outside people. We would... The Manager would be doing that. Commissioner Plummer: Well, then, I would ask that 40 and 41 be deferred, so that we, the Commission are aware of what's going on. Mayor Clark: All right. Item 40 and 41, motion to defer 40 and 41 till the next meeting. Commissioner Plummer: Yeah. 127 July 26, 1994 t , I 1 I t i The following motions were introduced by Commissioner Plummer, who moved its adoption: i MOTION NO. 94-578.1 j A MOTION TO RECONSIDER AGENDA ITEM NO. 40 (DESIGNATING ! ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS). i MOTION NO. 94-578.2 A MOTION TO DEFER AGENDA ITEM 40 (DESIGNATING ENGINEERING SERVICES FOR CITY OF MIAMI PROJECTS- 1995 AND 1996 AS CATEGORY "B" PROJECTS) AND AGENDA ITEM 41 (DESIGNATING ENGINEERING SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS). [Note: Ag 40 & 41 were later passed and adopted, as presented on the agenda, as R 94- 603 and R 94-604, respectively.] Upon being seconded by Commissioner Gort, the motions were passed and adopted by the following vote: t 4 AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre i Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark ' NAYS: None. 1 ABSENT: None. I ----------------------------------------------------------------(--- � --- �---__------------------------:------ 40. ACCEPT BID: ANGEL PUENTES $85 450 FOR PROJECT: MODIFICATIONS TO FIRE STATION NO. 8, B-2974-G, SECOND BIDDING (CIF 313018). ---------------------------------------------------------------------------------------------------------------- IMayor Clark: Forty-two. Commissioner Plummer: This was seventy thousand dollars. Am I correct on that, on 42, for the redoing of the bathrooms, and it's to Fire Station 8? Mayor Clark: Is there a motion? i Commissioner Plummer: Is that the... The only question that I had, Mr. Mayor, looking over the bids, again - you know, I'm going to keep harping on this until somebody shows me where I'm wrong - the difference in the bids was almost a hundred thousand dollars. One bid was what, seventy? We just got it yesterday. Mr. Jim Kay: Yes, sir. One... 128 July 26, 1994 i 1 Commissioner Plummer: One, seventy. And the other is a hundred and seventy. Am I correct? Mr. Kay: One bid was eight -five thousand, four fifty. The other bid was a hundred and sixty thousand. Commissioner Plummer: Something somewhere... I would like you to ask... Let me tell you what I'd like. I would like for you to write the company who gave the higher bid, and ask them why their bid was so much different than the lower bid. There was only two bids, and I'd like to know. Now, they don't have the answer, and they might not want to answer, but I would like a copy of a letter that you write those people and ask them where the discrepancy came between - fifteen and sixty-five - eighty thousand dollars difference on a so-called minor project such as this. There's got to be a problem. Mayor Clark: J.L., J.L., in this business, they probably thought you might be asleep and they were going to run away with the money, that's all. Commissioner Plummer: Well, maybe that's the case. Mayor Clark: That happens all the time. Commissioner Gort: Mr. Mayor. Commissioner Plummer: But I'd sure like to know it. Vice Mayor Dawkins: The guy may not be hungry. He might not need the work. Mayor Clark: He wasn't hungry enough. Vice Mayor Dawkins: He didn't need the work. Commissioner Gort: Mr. Mayor. Mayor Clark: Willy. Commissioner Gort: Just to... You know, in my line of business, it's in competitive bid all the times. And a lot of times, I'll put, if I'm not too interested in it, I'll put a real high price. If I get it, it will make it worth my while. So a lot of times, you know, you don't follow the industry. But I think it's an interesting question. Mayor Clark: Can I get a motion on seventy - 42? Commissioner Plummer: Well, we got to do it. I'll move it, Mr. Mayor. Commissioner Gort: Second. Mayor Clark: Moved and seconded. With no exception, cast a unanimous ballot. 129 July 26, 1994 i f_ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-579 A RESOLUTION ACCEPTING THE BID OF ANGEL PUENTES (SOLE OWNER), IN THE PROPOSED AMOUNT OF $85,450.00, TOTAL. BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "MODIFICATIONS TO FIRE STATION NO. 8, B-2974- G, SECOND BIDDING"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313018, AS APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF $85,450.00 TO COVER THE CONTRACT COST AND $23,683.32 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL PROJECT COST OF $109,133.32; 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 Gort, the resolution was passed and adopted by the following vote: I' AYES: Commissioner Wifredo Gort ( Commissioner Victor De Yurre 4 Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark !� NAYS: None. ABSENT: None, Commissioner Plummer: What time are we coming back? 1 Mayor Clark: Two -thirty. iI Commissioner De Yurre: Mr. Mayor. i Vice Mayor Dawkins: No, no, Mr. Mayor. Mr. Gort has two items he wants to do now. Mayor Clark: What is it, Willy? f Commissioner De Yurre: Well, I have one. M 130 July 26, 1994 E . 1 -------------------------------- ---------'----------------------------------------------------------------------- 41. URGE METROPOLITAN DADE COUNTY TO PROVIDE ADDITIONAL LANDSCAPING IMPROVEMENTS AT VARIOUS LOCATIONS THAT WILL SERVE AS GATEWAYS TO THE CITY OF MIAMI DURING THE PAN-AMERICAN SUMMIT OF HEMISPHERIC PRESIDENTS (DECEMBER, 1994). ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: The only... I got a pocket item. Commissioner Plummer: Wally, where is yours? Bring me your pocket item. Commissioner Gort: We all passed it around. Mayor Clark: I'd like a resolution urging Dade County to landscape certain areas within the City of Miami in preparation for the President's Summit. Commissioner De Yurre: So moved. Commissioner Plummer: So move. Vice Mayor Dawkins: Second. Commissioner Plummer: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO.94-580 A RESOLUTION URGING METROPOLITAN DADE COUNTY TO PROVIDE ADDITIONAL LANDSCAPING IMPROVEMENTS AT VARIOUS LOCATIONS THAT WILL SERVE AS GATEWAYS TO THE CITY OF MIAMI DURING THE PAN-AMERICAN SUMMIT OF HEMISPHERIC PRESIDENTS, TO TAKE PLACE IN DECEMBER 1994; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 131 July 26,1994 4 Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 42. ESTABLISH CHARGES / TERMS / CONDITIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIliM FOR YOUTH BASEBALL WORLD SERIES. i ---------------------------- ------------------------------------------------------------------------------------ i Commissioner De Yurre: Mr. Mayor, we have here Pepin Prieto, from MABA. Every year, we i give them the use of the Bobby Maduro Stadium. I Vice Mayor Dawkins: Move it. k Commissioner De Yurre: So I would move that... Vice Mayor Dawkins: Move it. Second. Commissioner De Yurre: ... whatever we give them every year, that it be provided again for this tournament. Mayor Clark: All right. Fine. j Commissioner Plummer: Under the same terms and conditions as before? f Commissioner Gort: Yeah. Commissioner De Yurre: Same terms, same... Vice Mayor Dawkins: Same terms and conditions. Commissioner Plummer: That's fine. Mayor Clark: Cast a unanimous ballot. It's all passed, sir. Commissioner De Yurre: Thank you. 132 July 26, 1994 i i The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-581 A RESOLUTION AUTHORIZING THE SAME SPECIAL CHARGES, TERMS AND CONDITIONS, AS ESTABLISHED IN PREVIOUS YEARS, INCLUDING THE WAIVER OF ALL USER FEES, FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL, STADIUM, BY THE MIAMI AMATEUR BASEBALL ASSOCIATION ("MABA") FOR THE PRESENTATION OF BASEBALL GAMES TO BE HELD AUGUST 19, 1994 THROUGH DECEMBER 18, 1994; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MABA FOR THIS PURPOSE, SUBJECT OT THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN AN 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 Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mavor Miller J. Dawkins Mayor Stephen P. Clark NAYS:. None. ABSENT: None. i------------------------------------------------ ---------- 43. AUTHORIZE CITY MANAGER TO AWARD CONTRACT AND PROCEED WITH CONSTRUCTION OF DOWNTOWN STREET IMPROVEMENTS SIDEWALK REBUILDING - PHASE 2, B-4578 -- IN ORDER TO EXPEDITE i COMPLETION OF IMPROVEMENTS BEFORE THE PAN-AMERICAN SUMMIT OF HEMISPHERIC PRESIDENTS (DECEMBER, 1994). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, this is from the Administration. A resolution authorizing the City Manager to award a contract to proceed with the construction of downtown street improvements of sidewalk rebuilding, Phase 2B-4578, to expedite completion of said improvements before the Summit of the Americas in December '94, requiring the City Manager to notify the Commission of the successful low bidder after receipt of bids by the City Clerk on August 2nd. As recommended by the City Administration, I move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. I The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-582 A RESOLUTION RATIFYING, AFFIRMING, AND CONFIRMING THE AWARD OF A CONTRACT BY THE CITY MANAGER TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZING THE CITY MANAGER TO PROCEED AS EXPEDITIOUSLY AS POSSIBLE WITH THE CONSTRUCTION FOR THE PROJECT ENTITLED "DOWNTOWN STREET IMPROVEMENTS SIDEWALK. REBUILDING - PHASE 2, B-4576," SAID PROJECT TO BE COMPLETED PRIOR TO THE SUMMIT OF THE AMERICAS HEMISPHERIC CONFERENCE IN DECEMBER 1994; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $592,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 341135, AS APPROPRIATED BY ORDINANCE NO. 11139; AUTHORIZING THE CITY MANAGER TO EXECUTE 'THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE REQUIRED FOR SAID PURPOSE; INSTRUCTING THE CITY MANAGER TO ADVISE EACH COMMISSIONER OF SAID AWARD, PURSUANT TO THIS RESOLUTION, IMMEDIATELY FOLLOWING AWARD OF SAID BID. (Here follows b(dy 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: ABSENT: None. None. ---------------------------------------------------------------------------------------------------------------- 44. DISCUSSION CONCERNING BUS BENCHES -- COMMISSIONER PLUMMER COMPLAINS THAT METROPOLITAN DADE COUNTY IS PLACING BUS BENCHES THROUGHOUT THE CITY WITHOUT PROVIDING ANY REVENUE OR USE FEES TO THE CITY. --------------------------------------- I------------------------------------------------------------------------- Mayor Clark: I'd like to move... Commissioner Plummer: Mr. Mayor, let me ask a question. We are... Mayor Clark: Let me get something done here, first, J.L. 134 July 26,1994 i Commissioner Plummer: I'm sorry. Mayor Clark: Approval of the sale to Broward County of the bus benches. I move that. Is there a second? f Commissioner Plummer: Wait, wait, wait a minute. Say that again? Commissioner Gort: Hold a second. Mayor Clark: It's been approved. Bus bench has been sold to Broward County. We have to make the approval up here. Mr. Cesar Odio (City Manager): We received a letter a week ago asking permission to transfer Steve Martin's interest to this company in Broward County. They have reviewed it. Then, we a have no problem with that. Commissioner De Yurre: Now, do we get any information on this, or is this something that just, boom? Mr. Odio: Fine. We will be glad to... We will be glad to provide that information immediately. Commissioner Plummer: OK. Let me tell you where... Mr. Mayor, on this particular issue... Mr. Manager, I notice all around this town now, there are bus benches being put out by the County. Mayor Clark: For nothing. Commissioner Plummer: OK? But bus benches are a source of revenue to this City. ! Mayor Clark: Yeah. f Commissioner Plummer: And they're putting out bus benches that are no revenue to this City, which would eliminate a revenue source of this City. I'm concerned about that. I'm not... You know, I'm not speaking to Mr. Martin's scenario, but I'm speaking to the revenue for the City that we're about to lose. !' Vice Mayor Dawkins: You know, I'd be concerned, J.L., if we hadn't sold off all our property. But you sell off all the property, and you're not concerned, but now, you're concerned about five dollars from a bus bench. So give me a break. Commissioner Plummer: What property? Well, OK. If nobody else is... Mayor Clark: I want to hold this up for this afternoon till you get what you're looking for. All right. END OF DISCUSSION -- NO ACTION TAKEN Commissioner Plummer: ' OK. Mr. Mayor, my concern, the zoning doesn't start till four o'clock. You want to come back at two -thirty or what? Commissioner Gort: I've got an item, Mr. Mayor. Mayor Clark: We've got that item at two -thirty. We can come back at three -thirty, if you want to. 135 July 26, 1994 Commissioner Plummer: Let's make it three -thirty. Commissioner Gort: OK. Because we got to hear DDA (Downtown Development Authority). ---------------------------------------------------------------------------------------------------------------- 45. GRANT REQUEST FOR FEE WAIVERS TO FAMILY YOUTH INTERVENTION CENTER, A SUBSIDIARY OF THE COCONUT GROVE ECONOMIC DEVELOPMENT CORPORATION, IN CONNECTION WITH ITS FAMILY PICNIC AT ELIZABETH VIRRICK PARK (AUGUST 27, 1994), WITH PROVISO. -------------------------- ------------------------------------------------------------------------------------- Mayor Clark: All right. What do you have? Commissioner Gort: The Coconut Grove Development Corporation. They have a program for the kids, and I understand they got together with the City Manager, and they are requiring the waiver of certain things. Mayor Clark: Manager? Commissioner Gort: Mr. Manager. Commissioner Plummer: What are you talking about? Commissioner Gort: The Coconut Grove Local Development Corporation. Commissioner Plummer: Yeah, I understand, but what are they asking for? Commissioner Gort: They're having a Family and Youth Intervention Center, which is a newly formed subsidiary of the Coconut Grove Local... You all have a copy of this in front of you. Mayor Clark: All right. Commissioner Gort: Thelma, you want to... Ms. Thelma Edwards: Yeah. ' Commissioner, Thelma Edwards, Administrator, NET (Neighborhood Enhancement Team). What they're asking is the waiver of police, fire and park services for a family picnic that they're having at Elizabeth Virrick Park, on the 27th, but they must have the insurance. They've assured us that the insurance will be paid. But... So. Mayor Clark: Move it, Willy. Commissioner Gort: I understand they have gotten together with the Administration. Ms. Edwards: They had sent the letters to all the Commissioners... Commissioner Gort: Yes. OK. Ms. Edwards:... and the Manager, requesting the waiver of those fees. Commissioner Plummer: I'll tell you what. 136 July 26, 1994 Commissioner Gort: I move it. Commissioner Plummer: Let's don't give them everything free. Let's give them everything free, but they got to clean up. They got a lot of kids there. Let them clean up. Commissioner Gort: Move it. Commissioner Plummer: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-583 A RESOLUTION RELATED TO A COMMUNITY PICNIC, SPONSORED BY THE COCONUT GROVE FAMILY AND YOUTH INTERVENTION CENTER, A SUBSIDIARY OF THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, TO BE HELD AT ELIZABETH VIRRICK PARK, LOCATED AT 3580 DAY AVENUE, MIAMI, FLORIDA, ON AUGUST 27, 1994; WAIVING ALL WAIVABLE USER FEES, AS PERMITTED BY THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID WAIVER CONDITIONED UPON THE ORGANIZERS (1) PROVIDING FULL CLEANUP SERVICES FOR SAID EVEN AND (2) 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Ms. Edwards: No sanitation. Thank you. July 26, 1994 ----------------------- -------------------------------------------- 46. DIRECT CITY MANAGER TO ISSUE AN RFQ FOR THE MELREESE GOLF COURSE. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Mr. Manager, what about the... Mr. Manager, the RFP (Request for Proposals) on Melreese? Mr. Cesar Odio (City Manager): Oh, yes, sir. I need permission to go ahead and issue an... Mayor Clark: So move that, Willy? Commissioner Gott: What is it? Commissioner De Yurre: Second. Mr. Odio: It's an RFQ (Request for Qualifications). Commissioner Gott: Yes. Mayor Clark: Yeah, RFQ. i Commissioner Gott: OK. Mayor Clark: You got Bill Bird's information there? i Commissioner Plummer: Have we seen the RFQ? Mr. Odio: I have seen the RFQ. Commissioner Plummer: I haven't. Mr. Odio: The problem is we didn't have... he had not time to finalize it for today, because of the recess. He would like for us to... Commissioner Plummer: Who's putting it together? Mr. Odio: Bill Bird, who used to be the Parks Director. Commissioner Plummer: But I think before we vote on it, I think we should see it. Mr. Odio: What you can do today is, I can get you a copy, and let... Authorize me to issue it, and before I do, I'll come and show it to you. Commissioner Plummer: Very simple. The way you do it is the way we've done it in the past. Very simply, you give it to us, we have seven days in which if we have an objection, we object and it carries over to the next agenda. But I don't think you can ask us... 138 July 26, 1994 Mayor Clark: Listen, we don't want this thing to go into December, or January, or February. People are raising... Commissioner Plummer: If Mayor, if nobody objects in seven days, it's automatically approved. Mayor Clark: All right. [Note: Mayor Clark signaled to the City Clerk to cast a unanimous ballot on this issue.] The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 94-584 A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS ("RFQ"), IN A FORM ACCEPTABLE. TO THE CITY ATTORNEY, TO IDENTIFY PERSONS AND/OR FIRMS SUITED FOR THE MANAGEMENT AND/OR OPERATION OF THE MELREESE GOLF COURSE, SAID AUTHORIZATION SUBJECT TO REVIEW OF SAID RFQ BY THE MEMBERS OF THE CITY COMMISSION AT LEAST SEVEN DAYS PRIOR TO ITS ISSUANCE, AND FURTHER CONDITIONED THAT SHOULD ANY MEMBER OF THE CITY COMMISSION OBJECT TO SAID RFQ, THE RFQ WILL NOT BE ISSUED AND WILL BE BROUGHT BACK TO THE CITY COMMISSION FOR FURTHER ACTION. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Gort: Right. Yeah, that's no problem. Commissioner Plummer: OK? Commissioner De Yurre: When are we reconvening? Mayor Clark: Three -thirty. Commissioner Gort: Three -thirty? 139 July 26, 1994 Commissioner Plummer: Three -thirty. Yes, ma'am. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:56 A.M. AND RECONVENED AT 3:30 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 47. (A) (Continued) AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO EXECUTE LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR SPACE RELATING TO DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER AT 1601 BISCAYNE BOULEVARD. (See label 17) (B) (Continued) AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO EXECUTE SUBLEASE AGREEMENT WITH INTRAEXPO, INC. AT 1601 BISCAYNE BOULEVARD. (Tabled during morning session -- See label 17c) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On the DDA (Downtown Development Authority). Willy? Commissioner Plummer: Mr. Mayor, it was for the reasons that I asked that it be postponed. I met with the people, as I was requested to do, during the lunch break, and I was able to secure and felt very comfortable, that they sat with me, and they brought to my attention every question that I had. And I asked them when they came back here, that I wanted the information on the record of who they are. And I gave Mr. Lehtinen a whole list of questions. Mayor Clark: Come up. Dexter, use the mike. Commissioner Plummer: And he has told me that he is ready to put on the record the answers to those questions. So whenever he's ready, Mr. Mayor, I'm... Mayor Clark: Go ahead, Dexter. Mr. Dexter Lehtinen: Thank you. For the record, I'm Dexter Lehtinen, representing IntraExpo. We're happy to focus on Commissioner Plummer's questions. That means I won't comment on the nature of the business deal, you all know that. I'll focus on the questions that had been asked. IntraExpo Corporation is a Delaware corporation... Commissioner Plummer: Excuse me. Mr. Luft, would you move this, sir, until he is finished, please. Mr. Lehtinen: It's a Delaware Corporation in the United States, of course, formed for the purpose of promoting trade and expositions. It's working on the Miami project. It's further along on a Philadelphia project in which they own two buildings, assets in excess of eight hundred thousand dollars, have commitments from the City of Philadelphia, and arrangements with the State. There are about thirty stockholders. We have the exact list. The DDA has that. More than sixty percent of the outstanding stock, and more than sixty percent of the stockholders are United States citizens. The president of the corporation, who is here, Alejandro Gallard-Prio, 140 July 26, 1994 is a United States citizen since 1948, and he is identified in the operating agreement and the agreements, not only as president, but as the principal. The legal significance of that is that the principal agrees with DDA that he cannot be substituted for, without the permission of the DDA. So the lease is with IntraExpo Corporation, but it has the effect, by identifying him as the president and principal, and asserting that the corporation cannot substitute another principal for Mr. Gallard-Prix without the permission of DDA of making it, for your purposes, the, you know, the personal commitment of Mr. Gallard-Prio, and he is the one that DDA will deal with and is comfortable with. The... With respect to that corporation, let me just indicate a few things. It has never declared bankruptcy. It has never been sued. Nor have any of the corporations with which it's associated. It wholly owns another trade promotion corporation, and those corporations, likewise, have not declared bankruptcy. He is not currently in any litigation, and has not actually been sued on any commercial matters at any time, but particularly, is not in any current litigation. The... He, himself, as the principal, and members of the board of directors have never been arrested, much less convicted. And as I may be repeating, but to make it clear, he personally - I guess I didn't say this yet - he personally has never declared bankruptcy, as well as, I think I alluded, the corporation has not declared it. He personally had not declared it, and personally has not been sued. There were some questions about the financial status of the corporation. The certified audit - it has more assets now, but the certified audit on which the DDA relied, shows one point two million in assets. There are two letters of credit secured through Paine Webber here locally for two hundred and fifty and two hundred and sixty thousand dollars; half a million, in other words. They were originally in the DDA negotiation phases, letters of credit through Spanish banks and overseas financial institutions. They were converted to domestic, local guarantees, in order to demonstrate the validity of them. As well, in terms of financial backing, they have secured - will secure. Technically, it cannot be executed until the contracts are executed - but they have arranged for what is called an insurance guarantee or in my terminology, a bond, to back up three hundred and fifty thousand dollars in rent. In the worst case scenario, if they failed completely to pay rent, they are providing a bond that backs up three hundred and fifty thousand dollars in rent, all the way for twenty years. Likewise, they have negotiated a fairly remarkable - with DDA's help - agreement with the Equitable. And that is that in a worst case scenario. Since there are two point one million two point five, minus the transactions cost of financial benefits going into that building, Equitable will repay the grant, in the event that this corporation should fail. We don't anticipate that. Some people don't like mentioning what happens if you fail, because it talks about failure. But all of these backups are there, in the event of failure. The DDA and the City have no financial liability, whatsoever, in this. I will skip over most of the background, but let me just indicate the principal with whom you deal with, Mr. Alejandro Gallard-Prio, has been a U.S. citizen since 1948. He's been in the trade and exposition business for more than thirty years. For five years, he represented the Central American Common Market in Washington. He represented El Salvador for more than five years; has done numerous promotions around the world. Right now, for example, he is on the Mayor's Commission in Philadelphia, the Mayor's Commission on Latino Affairs - that is the terminology used there - and he is chairman of the Economic Development Committee of the Mayor's Commission on Latino Affairs in Philadelphia. You will see from the material the DDA has that others on the board of directors, like Jean Westfall (phonetic) was once director of tourism for Metro -Dade County; Assistant Secretary of Commerce for Tourism for the United States Government. She's on the board of directors. Others, Roberto Leal (phonetic) - and others - have been one director of operations for Central, Latin America and Brazil, has promoted fairs as engineer, promoted fairs in Brazil for many years. The vice president, Jose Manuel Triana (phonetic), is the president of the number one organizer of trade fairs, conventions and expos in Spain, as we speak. The... I believe I covered the question of substitute ability. DDA has not only an agreement with IntraExpo, but it has an agreement that the principal, Alejandro Gallard-Prio, cannot be substituted without the permission of DDA. I would be happy... Commissioner Plummer: Dexter, you've got about ninety-five percent. Let me ask some questions that you didn't cover. And, please, don't take this personal, sir. OK? I asked, the 141 July 26, 1994 question was, to the best of your knowledge, has any one of the stockholders in any way ever been connected with drugs? Mr. Lehtinen: No, they have not been. Commissioner Plummer: All right, sir. You also indicated to me, for the record, that he was putting in over a million dollars of his own money into the rehabilitation and the fix -up of this facility. Mr. Lehtinen: Right. I meant to say IntraExpo is putting in more than a million dollars. Commissioner Plummer: Of their own money. Mr. Lehtinen: Of, yes, their own money. Commissioner Plummer: OK. And the money, which was my concern when I was on the DDA, is in now Paine Webber, of a local United States Paine Webber. It's not an out of the country scenario. } Mr. Lehtinen: Right. I alluded to the letters of credit. Today to confirm exactly, there's one hundred and ninety-seven thousand, one hundred and forty dollars which is in that Paine Webber account. I mean, the letters of credit... Commissioner Plummer: Yeah. Mr. Lehtinen: ... will be created, and there will be collateral of two hundred and fifty thousand. But it's in Dade County, and will be, upon execution. Commissioner Plummer: Mr. Mayor, had this information been forwarded to us in advance, I would not have been able... It would not have necessitated taking the time of the Commission. Mr. Lehtinen, I appreciate your interest, sir, and the frankness and openness of this group who sat with me during the lunchtime. I gave them all of the questions I have, and as far as I'm concerned, I wish you well. For this community, I wish you well. Thank you, Mr. Mayor. Mr. Lehtinen: Thank you. Mayor Clark: All right. Is there a motion on this item? Commissioner Gort: Mr. Mayor, I so move. And the reason I move, when I took over the DDA, this is something I inherited in the past, and I apologize for you all not getting all the information. But it was my understanding that the previous board had passed this. They have looked at all the proposals the had been in with them, and they have selected this to be the number one proposal. So tb;s was approved, not only by the old DDA Board, but by the new DDA Board, the new contract was approved. For those reasons, I move to approve. Mayor Clark: Is there a second? Commissioner Plummer: I'll second it, Mr. Mayor. I'm satisfied. Commissioner Gort: Subject to the approval of the Law Department. Mayor Clark: Fifteen? Commissioner Gort: Fifteen. This is 15. 142 July 26, 1994 Commissioner Plummer: Yeah. Mayor Clark: All right. It's been moved. Is there any further discussion? Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-585 A RESOLUTION, WITH ATTACHMENT(S), RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL TRADE CENTER; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO EXECUTE, IN SUBSTANTIALLY THE ATTACHED FORM, A LEASE AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED FOR SPACE ON THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING LOCATED AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAPS: None. ABSENT: None. Mayor Clark: Item 16. Commissinner lTnrt- Move it_ The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-586 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO EXECUTE IN SUBSTANTIALLY THE ATTACHED FORM, A SUBLEASE AGREEMENT WITH INTRAEXPO, INC. FOR THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING, LOCATED AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AND AN OPERATING AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH INTRAEXPO, INC., BOTH DOCUMENTS RELATING TO AND IN FURTHERANCE OF THE DEVELOPMENT AND OPERATION OF AN INTERNATIONAL TRADE CENTER AT SAID LOCATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. i Mayor Clark: Thank you all. Commissioner Gort: Thank you. Mayor Clark: Yes, sir. Thank you. Commissioner Plummer: Now we get even with Rodney Barreto. 48. ACCEPT PROPOSAL SUBMITTED BY VIRGINIA KEY MARINE GROUP, INC. FOR UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY AT 3501 RICKENBACKER CAUSEWAY. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Mr. Luft, for the staff on the item that was called for two -thirty, make your presentation. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.) Commissioner Plummer: No. Kneapler, we don't have to get even with. Mayor Clark: You know, Mr. Manager, don't we have a travelling microphone, rather than this raggedy cord? Commissioner Plummer: Mr. Mayor, before Mr. Luft starts, if I could, I would ask the Manager to put on the record which that he informed me. That we are here today, not for the purposes of finalizing a negotiated deal. What we basically are here for today is to put this into the referendum, which is required by the Charter. We, the Commission, will still have the same right, if, in fact, the voters approve this, to negotiate anything that this Commission wishes to negotiate. I assume with the parameters max of what is the referendum. For example, the referendum will carry a twenty-year lease. You could not give more. You could give less. But that is, as I recall reading the wording of the referendum, was the only specific item in the wording. Mr. Cesar Odio (City Manager): No, the... You have the minimum rent is set. Commissioner Plummer: Yes. I'm sorry. Mr. Odio: I mean, let's not... We have some other things to negotiate after it, but there are things that are set today. Commissioner Plummer: OK. And I just want to take a personal moment, because I was chastised once before - not by this group, but by some of my colleagues - when I talked about a four hundred thousand dollar minimum annual guarantee. I was told I was crazy. But I hope that they're right, because they show in their projections in the first year, return to the City is like four hundred and seventy thousand dollars. So, Mr. Manager, I wasn't so far wrong. Mayor Clark: Yeah, but that doesn't mean you're not crazy. OK? All right. So let's proceed. Commissioner Plummer: Just keep it up. Remember, you're dealing with an undertaker, Mr. Mayor. Mayor Clark: Yeah, I know that. Let you down last. I won't feel it, though, J.L. Yes, sir. Mr. Jack Luft: Mr. Mayor and members of the Commission, on February 4th of this year, an RFP (Request for Proposals) was advertised, for proposals on a five point four... Mayor Clark: Jack, don't we have another microphone? That looks like we came out of "Hotchscotchville." 145 July 26, 1994 I Mr. Luft: I can't talk to the map here. Mr. Odio: OK. Don't talk to the map. Mr. Luft: All right. Five point four -one acre parcel on the waterfront, adjacent to Marine Stadium. This is the current site of an existing boatyard for which the lease expired a year ago. The proposal, in conformance with the terms of the RFP, is for a two hundred and ninety-four dry rack slip boatyard. In this case, the proposer has conformed with the City's desires. It was not a requirement, but we expressed the desire for an enclosed, roofed, rack storage facility. Commissioner Plummer: Excuse me, Mr. Luft. Mr. Mayor, this is not part of what we're talking about with the referendum. Mr. Luft: Right. Commissioner Plummer: OK? Mr. Odio: You want a full presentation, or just go to the facts of what we have in the language? Commissioner Plummer: Well, Mr. Mayor - Mr. Manager - unless I misunderstood you, sir, what you told me was that you would speak to the issues of the referendum. Mr. Odio: Fine. Commissioner Plummer: Anything else was open to negotiation or... Mr. Odio: Fine. Commissioner Plummer: ... at such time as the referendum was approved by the voters. And I don't know why we're going into all this other... Mr. Odio: OK. I agree. Let's make it simple. Jack, excuse me. If... All we have to do is put the terms of the language that goes in the ballot. Commissioner Plummer: That's it. Mr. Odio: OK. So... Commissioner Plummer: And that... Ms. Linda Kearson: Is it... Mr. Odio: So wait... Ms. Kearson: It's a two-step process. Excuse me. Mr. Odio: It's two steps. Ms. Kearson: First, you have to accept the proposal, if only in the general terms. Mr. Odio: Right. Ms. Kearson: And then you would approve the language for the referendum. 146 July 26, 1994 i Commissioner Plummer: OK. Well, let me... Ms. Kearson: And I think that's what Mr. Luft was doing. Mr. Luft: Yes. Mr. Odio: Why don't we... Commissioner Plummer: Let me say to you that my area of concern, I expressed to the Manager, who I had asked to go to the Law Department. We got ourselves in a whole heap of trouble by that terminology once before, into a hell of a lawsuit, by accepting the proposal without the terminology, accepting the proposal, subject to the approval of the referendum. "Accepting" gave them a vested right. Remember the lawsuit? i Mr. Luft: This... No. No. This... i Ms. Kearson: No. No, sir. That's not the case at all. As a matter of fact, in the RFP, we had specifically stated that this developer, or proposal at sea, does not have any rights until such time as an agreement is actually executed. So that has been made perfectly clear... Commissioner Plummer: It's on the record. OK. Mr. Odio: Now, let me... Ms. Kearson: ... that they have no rights. i i Mr. Odio: Let me recommend that on item 32, that we accept the proposal submitted by Virginia Key Marine Group, Inc. Commissioner Plummer: The only one. Mr. Odio: "The" one. And by the way, I'll put it on the record. It's one of "the" best proposals I have seen. Mayor Clark: Moved by Mr. Gort. Is there a second? Commissioner Plummer: Second. Mayor Clark: Call the roll. Commissioner Plummer: I would like the terminology, please, "Accepting the proposal subject to the approval of the referendum of the voters." OK? Mayor Clark: All right. Mr. Odio: Now, on item... Commissioner Plummer: Oh, well, let's take a vote on that one. Mayor Clark: Wait a minute. We got to do roll call. Commissioner Plummer: If we don't accept it, you don't have to talk anymore. ` -147 : July 25, 1994 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-587 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PROPOSAL SUBMITTED BY VIRGINIA KEY MARINE GROUP, INC. FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, SAID ACCEPTANCE CONTINGENT UPON APPROVAL, OF SAID PROPOSAL BY THE ELECTORATE OF THE CITY OF MIAMI AT A SPECIAL MUNICIPAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 49. CALLING / PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994 -- CITY'S ENTERING INTO LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. TO OPERATE A RESTAURANT, AND MARINE -RELATED RETAIL FACILITY ON CITY - OWNED WATERFRONT PROPERTY ADJACENT TO / 'VEST OF MIAMI MARINE STADIUM ON SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN ("VIRGINIA KEY BOATYARD PROPERTY'), SUBJECT TO VIRGINIA KEY MARINE GROUP, INC. MAKING A CAPITAL AND EQUIPMENT INVESTMENT OF NO LESS THAN $3,566,943 AND PAYING TO THE CITY A MINIMUM ANNUAL RENT OF $286,000 PER YEAR FOR A TERM NO LONGER THAN 20 YEARS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Now, the ballot question. Is that right? Mr. Cesar Odio (City Manager): Yeah. Commissioner Plummer: I only have one question in reference to the ballot, Mr. Manager. We have found ourselves in problems before without deadlines. In other words, what I'm saying to you is, I found nothing in any of the proposal that if they did not commence either construction or something within six months, twelve months, the deal was null and void. Mr. Odio: We can... I think six months after the voters' approval. 148 July 26, 1994 Commissioner Plummer: Excuse me. I'll give them twelve months. .All right? Whatever it is that... Mr. Odio: I'd rather go for six months, because we need to get that marina... i Commissioner Plummer: You need the money. Fine. I'll accept whatever you want, but we ti need a date by certain. j Mr. Odio: Six months after the public's approval. i Commissioner Plummer: Is six months acceptable? Six months is acceptable, then, as far as I'm concerned, proceed. Mr. Odio: OK. Mayor Clark: All right. Mr. Odio: Then what we're putting in the ballot is the terms. Mayor Clark: Do you want to hear the ballot question? Mr. Odio: You want me to read it? It says: "Shall the City of Miami be authorized to lease to ( Virginia Key Marine Group, Incorporated, 5.41 acres of City -owned land" - And it's called Virginia Key boatyard property - "for a term of twenty years, subject to City's receipt of minimum rent totalling five million, seven hundred and twenty thousand dollars over said term?" That is equal to two hundred and eight -six thousand dollars a year. ,( Commissioner Plummer: Times twenty. Ms. Linda Kearson: No, no, no. Mr. Odio: Capital equipment and investments by the proposed lessee of three million, five - sixty -six point nine -four -three, and such additional requirements as determined by the City Commission to operate a boatyard, restaurant, and marine -related retail facility. And as to the question you had on the percentages, I'll put it on the record, it's fifteen percent for the boat racks, it's twelve percent for retail sales, and ten percent for food and beverages. Commissioner Plummer: But that is still subject to negotiation. I Mr. Odio: That part is subject to. Commissioner Plummer: OK. Mr. Odio: Except the minimum... Commissioner Plummer: Because what I need to know, and I didn't want to go into it, but you brought it up, now. Is that of gross? Mr. Odio: Of gross. i i Mr. Jack Luft: Yes. Commissioner Plummer: Of gross. i 149 July 26,1994 Mr. Odio: Of gross. Commissioner Plummer: OK. The only thing, Mr. Manager, that I have to put on the record, I don't think that Arthur Andersen did a report - and I'll go into it later, I don't need to go into that now - but the report that they did surely is not what I, as a Commissioner, who have to vote, would have expected them to do. And we can go into it, and I will be asking you prior to the referendum to give more information, which I don't think this report contains. Mr. Odio: Yes, sir. Mayor Clark: Well, I don't know what that could be. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: Could we have a status report on the legal situation with the present tenant? Mayor Clark: I was going to wait to get this vote before we got that. A. Quinn Jones, III, Esq. (City Attorney): Let me give you the status. The... Mayor Clark: Excuse me. Before you give the status, is there not a Commission resolution that says if you're going to sue us that you can be evicted immediately? Mr. Odio: We are in the process. Mr. Jones: No, no, no. That was not the Commission's directive. i Mayor Clark: It wasn't? Go ahead. Go ahead, Mr. Attorney. Mr. Jones: Before you give the... What you... What the Commissioner's directive was, it was threefold, basically: One, that this group pay all money that was owing and due to the City; second, that they drop the lawsuit, which, as you're probably aware, saw an injunctive relief; and thirdly, they were directed by you to sign an acknowledgment that if the premises weren't tendered to the City by a date certain, that any property that was left there would become property of the City. I'm advised that a notice was sent to this group, that they are to vacate, not later than Augns± the 9th, and also, to remove any personal property that they may have there on j the site. In 4cr-ris of the status of the lawsuit, there has been no hearing set for the injunctive relief that's being sought. Secondarily, we have, or we're in the process of preparing a motion for summary judgment at this point in time. That's where we are. Commissioner Plummer: You see, that was one of the reasons, Mr. Mayor, I brought up about the six months. I got to tell you something in their behalf. I would feel more comfortable, Mr. Manager, with twelve months than I would with six, because litigation takes time. And if this matter is not resolved immediately, I think twelve months... Hey, they're going to start as soon as they can. They want to start making money also. But I just think that the drop dead date ought to be twelve months instead of six. Mayor Clark: Well, that will be negotiated. _ - Mr. Odio: OK. OK. Mayor Clark: All right. Victor, did you get an answer to your question? Commissioner De Yurre: (Inaudible.) Mayor Clark: What? All right. On the main motion. Mr. Odio: Yes, sir. Mayor Clark: On the ballot question. Mr. Odio: You already approved the first part. Now, you need to approve the ballot question. Commissioner Plummer: Well, he moved it, and I seconded it. Mr. Odio: OK. Mayor Clark: Call the roll. Commissioner Plummer: I'll get even with Rodney later. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-588 A RESOLUTION, WITH ATTACHMENT(S), CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL OF THE CITY'S ENTERING INTO A LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. (THE "PROPOSED LESSEE") TO OPERATE A BOATYARD, RESTAURANT, AND MARINE -RELATED RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY OF APPROXIMATELY 5.41 ACRES LOCATED ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BOATYARD PROPERTY," FOR A TERM OF 20 YEARS, SUBJECT TO THE CITY'S RECEIPT OF MINIMUM RENT TOTALING $5,720,000 OVER SAID TERM, AND THE PROPOSED LESSEE MAKING CAPITAL AND EQUIPMENT INVESTMENTS OF $3,566,943, AND SUBJECT TO SUCH ADDITIONAL REQUIREMENTS, IF ANY, AS MAY BE DETERMINED BY THE CITY COMMISSION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. 151 July 26, 1994 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Clark: This is on item 16 now, right? Mr. Walter Foeman (Assistant City Clerk): Thirty-three, sir. Mr. Odio: Thirty-three, sir. Mayor Clark: Thirty-two? Mr. Foeman: Thirty-three. Mr. Odio: You did 32, and now you're doing 33. Mayor Clark: All right. COMMENTS MADE AFTER ROLL CALL: Mayor Clark: That's the end of that? Ms. Kearson: That's it. Commissioner Plummer: When can we start the zoning? Mr. Odio: Well, you had... Mayor Clark: L.et me tell you a story of how quickly they could do it, J.L. We had a fellow from Overtown come down and appeal for some parking down here one day, when I was a member of the Zoning Board. And he had fifty-five places where it required... He only had two spots. And we gave him the variance. Bill Dock (phonetic) ,jumped up and he said, "Preacher, please say a word for us in church." He says, "We prayed for you last Sunday, young man, don't worry about it." So we prayed for you last Sunday. OK? Commissioner Plummer: When does Zoning... before... 152 July 26, 1994 i f 4 ---------------------------------------------------------------------------------------------------------------- 50. APPROVE REQUEST BY STEVE MARTIN AND ASSOCIATES, INC., D/B/A/ BUS BENCH COMPANY TO SELL ITS RIGHTS TO BENCH ADS AMERICA, INC., A FLORIDA CORPORATION (WHOSE SHAREHOLDERS ARE RAY TOMCZAK AND ERIC NADEL) TO REPLACE STEVE MARTIN AND ASSOCIATES, INC. AS A MEMBER OF BUS BENCH JOINT VENTURE. (See label 44) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: OK. No, wait a minute. Mr. Martin? Mr. Martin? Where's Mr. De Yurre? Commissioner Plummer: He's around here somewhere. Mayor Clark: There's a motion to allow this transfer. Commissioner Plummer: Mr. Mayor, I spoke with Mr. Martin, and expressed my concern in reference to a commitment that he had made to Florida Highway Patrol. He says that that commitment is still good for a lifetime. He's a man of his word, as far as I'm concerned. I move the transfer, sir. Mayor Clark: Is there a second? Commissioner Gort: Second. i Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-559 A RESOLUTION ACKNOWLEDGING AND APPROVING THE ASSIGNMENT OF STEVE MARTIN AND ASSOCIATES, INC.'S INTEREST IN MIAMI BUS BENCH I JOINT VENTURE (D/BIA BUS BENCH COMPANY) TO BENCH ADS AMERICA, INC. IN THAT CERTAIN AGREEMENT BETWEEN BUS BENCH COMPANY AND THE CITY OF MIAMI, DATED JUNE 4, 1990, FOR THE FURNISHING, INSTALLATION AND MAINTENANCE OF BUS BENCHES WITHIN THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSTRUMENT EFFECTING SAID ASSIGNMENT, 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.) L i f 153 July 26, 1994 I I Upon being seconded by Commissioner Gort, the resolution was passed and adopted the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Plummer: Mr. Mayor, again now... Mr. Manager? Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Plummer: I am concerned, and I'm not trying to protect Mr. Martin or whoev the new company is. I am concerned about Metropolitan Dade County putting boards out f which we derive no revenue. This is a source of revenue to this City. And if they continue put these boards out, we're going to lose untold amount of revenue. So I want to say to yo sir... Mayor Clark: Mr. Plummer. Commissioner Plummer: Yes, sir. Mayor Clark: Do those boards contain advertising? Commissioner Plummer: No, sir, and they're ugly. They are cement gray with a big "M" c each end. I don't know what the "M" stands for. Mayor Clark: "Metro." Not "Miami." Commissioner Plummer: It could be Miami or Metro, or it could be "money hungry." But in n office, there is a list where they presently are. And, you know, I think we need to tell Metr "Hey, you're cutting off a source of revenue to this City." Thank you, Mr. Mayor. Mayor Clark: Thank you, sir. All right. Mr. Martin: Thank you very much. by ---------------------------------------------------------------------------------------------------------------- 51. DIRECT CITY MANAGER TO RETAIN AN EXPERT IN THE APPROPRIATE TECHNICAL FIELD TO REPORT TO THE CITY AND AGREE TO TESTIFY AS REQUIRED BEFORE THE APPROPRIATE CITY BOARDS AND/OR CITY COMMISSION IN CONNECTION WITH THE POSSIBLE RISKS AND/OR EFFECTS OF ELECTROMAGNETIC FIELDS (ON THE TRANSMISSIONS) AND POSSIBLE RISKS ASSOCIATED WITH ONGOING CONSTRUCTION OF NEW TRANSMISSION TOWERS AS IT CONCERNS THE HEALTH / SAFETY AND GENERAL WELFARE OF INDIVIDUALS RESIDING WITHIN RANGE OF SUCH ELECTROMAGNETIC EMISSIONS. Vice Mayor Dawkins: Mr. Mayor, is it possible to bring up two pocket items, or wait until later? Mayor Clark: Go right ahead, right now. Vice Mayor Dawkins: Is Ms. Pancinia (phonetic) here? (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.) Vice Mayor Dawkins: Four o'clock? OK. I have, Mr. Mayor, at one time, we discussed the liability of placing those towers in the community, and the Manager asked for some legal means to do it. Commissioner Plummer: Oh, yeah, yeah, yeah, cellular phones. Vice Mayor Dawkins: And I'd like to pass a resolution which says: "A resolution authorizing and directing the City Manager to retain an expert in the appropriate technical field to tender a report to the City or agree to testify before appropriate City boards and the City Commission on the effect of electromagnetic transmissions and the construction of associated transmission towers on the health, safety and general welfare of individual and property which may be located within the range of such transmissions or construction activity." And I so move. Commissioner Plummer: Second the motion. I would appreciate, Mr. Dawkins, I think it would be very appropriate that this resolution be sent to the FCC (Federal Communications Commission), and ask them to please comment, because they are the ones who actually license these people, and I think they should be aware of the concern expressed by this Commission in this motion. Vice Mayor Dawkins: I'll accept the amendment to the motion. Mayor Clark: All right. All in favor, signify by saying "aye." All Commissioners (Collectively): Aye. Mayor Clark: Opposed, like sign. So ordered. Cast a unanimous ballot. 155 July 26, 1994 The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-590 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO RETAIN AN EXPERT IN THE APPROPRIATE TECHNICAL FIELD TO TENDER A REPORT TO THE CITY OR AGREE TO TESTIFY BEFORE APPROPRIATE CITY BOARDS AND THE CITY COMMISSION ON THE EFFECT OF ELECTROMAGNETIC TRANSMISSIONS AND THE CONSTRUCTION OF ASSOCIATED TRANSMISSION TOWERS ON THE HEALTH, SAFETY AND GENERAL WELFARE OF INDIVIDUALS AND PROPERTY WHICH MAY BE LOCATED WITHIN THE RANGE OF SUCH TRANSMISSIONS OR CONSTRUCTION ACTIVITY; FURTHER DIRECTING THE CITY MANAGER TO j TRANSMIT A COPY OF THE HEREIN RESOLUTION TO THE FEDERAL COMMUNICATIONS COMMISSION, FOR COMMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark i NAYS: None. ABSENT: None. is i } i 1 I 156 July 26, 1994 1 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of July, 1994, 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 4:00 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor Miller J. Dawkins Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. ALSO PRESENT: Sergio Rodriguez, Assistant City Manager A. Quinn Jones, II1, City Attorney Walter J. Foeman, Assistant City Clerk ABSENT: Cesar Odio, City Manager Matty Hirai, City Clerk ----------------------------------------- ---------------------------------------------------------------------- �' 52. AFFIRM DECISION OF ZONING BOARD - GRANT SPECIAL EXCEPTION FROM 11000, ZONING ORDINANCE, ARTICLE 9, SECTION 931, (DRIVE - THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES; ETC) TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH REDUCTION OF RESERVOIR SPACES FOR PROPERTY LOCATED AT 700 i N.W. 54 STREET [Applicant: Robert G. Brown] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. PZ item number 1. Sergio? Shhhh, please. Tell those people in the hall out there to carry that meeting outside, please. Ms. Lourdes Slazyk: OIL. Good afternoon. For the record, my name is Lourdes Slazyk, from the Planning, Building and Zoning Department. PZ-1 is a request for a special exception, which the ordinance specifically requires City Commission approval in order to reduce the number of reservoir spaces for a drive -through restaurant. The Planning, Building and Zoning Department recommendation is for approval, and the Zoning Board also recommended approval by a vote of iseven to zero. Mayor Clark: Are the applicants here? 157 July 26, 1994 Commissioner Plummer: This was Commissioner Dawkins' concern, his issue of concern. Mayor Clark: Mr. Dawkins. Vice Mayor Dawkins: Move it. Mayor Clark: All right. Is there a second? Commissioner Plummer: If he's satisfied, that's fine. Mayor Clark: Do you have to read it into the record? Mr. Joel Maxwell (Assistant City Attorney): No, sir. It's affirming the decision of the Zoning Board. Mayor Clark: All right. All right. Call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO.94-591 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 931, DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, SUBSECTION 931.2(d) DRIVE - THROUGH WINDOW FACILITIES FOR EATING AND DRINKING ESTABLISHMENTS: EIGHT (8) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES AS FOLLOWS: NORTH THROUGH LANE, FIVE (5) SPACES BEFORE THE SERVICE WINDOW; ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; SOUTH THROUGH LANE, SEVEN (7) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW, AND ONE (1) SPACE AFTER THE SERVICE WINDOW FOR THE PROPERTY LOCATED AT 700 NORTHWEST 54 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED PER PI HEREIN); ZONED C-1 RESTRICTED COMMERCIAL; PLANS ON FILE• SUBJECT TO A TIME LIMITATION OF TWELVE 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.) 158 July 26,1994 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 53. DENY APPEAL AND AFFIRM ZONING BOARD'S DECISION TO GRANT ' TWO VARIANCES FROM ORDINANCE 11000, ZONING ORDINANCE (ARTICLE 4, SECTION 401, R-1 SINGLE FAMILY RESIDENTIAL), TO PERMIT EAST SIDE YARD SETBACK OF 1.84 FEET (5 FOOT REQUIRED) AND A ROOF OVERHANG TO PROJECT 0.20 FEET FROM THE EAST SIDE SETBACK (3 FOOT MINIMUM DISTANCE REQUIRED FROM LOT LINE) FOR LEGAL NONCONFORMING DUPLEX RESIDENCE AT 1618- 1620 S.W. 18 STREET [Applicant: Carlos Mercedes and Maria Calvo; Appellant: O. & D. Abad and H. Rodriguez] i---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 2. i Ms. Lourdes Slazyk: PZ-2 is an appeal of a variance for a side yard setback at 1618-20 I Southwest 18th Street. The Planning, Building and Zoning Department recommendation is for denial of the variance. I Mayor Clark: All right. I remember this one. This is the one where the two... The people next door are in violation. Ms. Slazyk: Right. The appellant will present next, and then the property... Mayor Clark: Well, the opponent... We had a great discussion last time on this. I said, go out and check and see if the other one, the one that's complaining, is not in violation. Ms. Slazyk: Yes. The NET (Neighborhood Enhancement Team) has a report on that. Ms. Margarita Genova-Cordovi: For the record, Margarita Genova-Cordovi, Coral Way NET office. In inspecting the property, which - and I'm talking about the appellant's property - we found out two other violations. One, it's a aluminum carport encroaching into the side yard. It's i two point two -five feet from the side yard. Mayor Clark: Of the appellant? Ms. Genova-Cordovi: The appellant. And possibly four feet from the front yard, we have... You know, I -wasn't able to measure it; but.it's close to the front yard, also. We've also found 159 - - _ July-26, 1994 - what we think, and you know, we needed an inspection on the inside. One of the bathrooms, which doesn't have a permit; one side shed, which is also encroaching, without a permit; and an enclosure in a rear terrace, that we couldn't find a permit for. We are requesting that this be heard before the Code Enforcement Board, and that will be scheduled possibly for this September. The notices are going out today for the September... Mayor Clark: Well, that has nothing to do with this hearing right now. Mr. Sergio Rodriguez (Assistant City Manager): Right, no. Ms. Genova-Cordovi: Well, this was... Mayor Clark: No, wait, just a moment, please. Sergio, right? Mr. Rodriguez: No. What is before you today is an appeal of a variance for 1618-20 Southwest 18th Street. Mayor Clark: That's what we're working on today. Mr. Rodriguez: Yeah. Vice Mayor Dawkins: And you recommend to deny that. Mr. Rodriguez: We're going for denial of that. Vice Mayor Dawkins: OK, that's the end. I so move. Mayor Clark: Give us your name, please. Ms. Marlene Abad: My name is Marlene Abad. I'm the daughter of the owners of 1612 Southwest 18th Street. And the reason why we're here is because the last time that we were here, they had sent an inspector to measure how close that house was to our roof. OK? In regards to what she's talking about, that has nothing to do with this. We have all the permits here, just for the record. And the reason why we're here, along with our neighbors, is that our neighborhood is a residential area. Mayor Clark: Please, hold it. All of you who are going to testify, raise your right hand and be sworn by the clerk. AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: Now, continue. Ms. Abad: OK. Our neighborhood is a residential area. Mayor Clark: Let me ask you a question, ma'am. Are you Mercedes Maria Calvo? Ms. Abad: No. We're the persons in opposition to her. Commissioner Plummer: They're next door. Mayor Clark: Yes, but your home is in violation, also. 160 July 26, 1994 Ms. Abad: She claims that there are... Mayor Clark: No, I'm talking about a setback, because I saw that in the picture. Ms. Abad: No. Ours is five feet from the yard. Theirs are the ones that are... Mayor Clark: No. I disagree with you. Sergio? Mr. Rodriguez: Yeah. According to the information from the NET office that went to the site, there seems to be a violation in the carport that they have in the front, and in other parts of the building. So there appears to be a violation. Mayor Clark: So you have a problem, and now, you're jumping on someone else who has a problem. Ms. Abad: No, we do not have a problem, because everything is here. Mayor Clark: He said it's in violation. Commissioner Plummer: That's why they're going to Code Enforcement. Ms. Abad: Well, it can't be, because we have permits for that. Commissioner Plummer: Then all you got to do is demonstrate, and it's all over. Ms. Abad: OK. Commissioner Plummer: Code Enforcement never does anything, so don't worry about it. Mayor Clark: Well, what are we voting on, this issue? Mr. Rodriguez: On this issue, what you are dealing with is not with the appellant, as you know, It's with the property of Ms. Mitchell and Mrs. Calvo, which is located on 1618-20. And in that case, there is... They were asking for a variance for the setback on the east side, and for the roof overhang. The appellant... Commissioner Plummer: You know... Sergio, can I ask you a question? Mr. Rodriguez: Yes, sir. Commissioner Plummer: I don't understand this roof overhang. I brought to your attention a house on Tigertail... Mr. Rodriguez: Right. Commissioner Plummer: ... that has an overhang outside of the door, that doesn't have a foot of clearance from the wall that they've put up. And yet, you said that was legal, but this one here is not meeting the three feet, and you're saying that this is illegal. I... Mr. Rodriguez: No. Commissioner Plummer: Something's wrong here. 161 July 26,1994 1 Mr. Rodriguez: What happened is this. You can project with an overhang three feet from the wall of the building that is supposed to be located five feet from the property line. In the case you mentioned to me, that property, if I remember correctly, was, the overhang was three feet, but it was closer than the required leftover two feet from the overhang to the property line. You have the wall, the property line, and you have five feet. When you... If you were to raise the wall of the building up, that's the way it has to be kept, five feet all the way through. The only exception would be the overhang that can extend three feet into the setback. Mayor Clark: One question, Sergio. Mr. Rodriguez: Yes. Mayor Clark: The appellants have a violation, also. Mr. Rodriguez: Yeah, the appellant has a violation also, apparently, yeah. Commissioner Plummer: An alleged. Mayor Clark: Alleged? It's there. It's a violation. You can see it in the picture. i Mr. Rodriguez: Well, the violation has not been... It's being taken to the Code Enforcement Board, according to the NET office, so we are taking them at that point to the board for possible fine or for a finding. Mayor Clark: Now, what... If this is turned down, what do they do? Tear down the... Tear down the construction? Mr. Rodriguez: If this, today, is turned down, they can appeal to court after this. And then if the court were to find in support of your decision against it, of approving it, then they would have to tear it down, yeah. Mayor Clark: What would happen to the other one? Would they have to tear theirs down, too, if they follow the same procedure? Mr. Rodriguez: They have to go through the same process. We'll have to go to the Code Enforcement Board. The Code Enforcement Board will find them illegal. Then they can apply for a variance. It would have to come before the City Commission, the Zoning Board and the City Commission. And after all that process, then they will have to go to court, and so on. And then it could also be turned down. We cannot guarantee what would happen in either case. Mayor Clark: Let me ask you this question. Do you own the property? Ms. Abad: My father owns the property. Mayor Clark: Is he percent? Ms. Abad: Yes. I don't know anything about these alleged charges, because we have all the permits here in question. And the purpose of this hearing is to deal with the matter next door. And if we are what they're saying we are, although we have justification that we're not, then we will have to go, apparently, through this process, also. But we are here today to handle that situation. Mayor Clark: All right. Any further testimony desired? Is the applicant present? No, not them. They're from the appellant. The appellant was there. She just said they want to continue like it is. Do you have anything further to add? 162 July 26, 1994 Ms. Abad: Well, that was the reason why we're here is to say that that illegal construction is hazardous to our safety, and it's injurious. In case of a fire, in ease of any turbulent weather, it's clearly going to he on our home. It totally devaluates (sic) and depreciates the value of our house. It was done illegally, without a permit. The Calvos are owners of six apartment units, and a condo on the beach, that they are very familiar with procedures and laws regarding zoning. Mayor Clark: Thank you, ma'am. All right. Do you have anything to add, sir? Are you the owner? Ms. Abad: The owners and other neighbors are also here to speak on behalf of that illegal construction. Mayor Clark: All right. Does the Commission desire information from them? Let's hear from the applicant now. Please. Mr. Carlos Mardiaga: My name is Carlos Mardiaga. I'm here to assist Mrs. Calvo. She is the owner. Mayor Clark: All right. State your name and address for the record. Ms. Mercedes Calvo: I am Mercedes Calvo. I am the owner to 1619 Southwest 18th Street. It's possible I explain in Spanish? Commissioner Plummer: Sure. Ms. Calvo: OK? Commissioner Plummer: Slowly. Mayor Clark: Go right ahead. Mr. Mardiaga: "Si." Ms. Calvo: Slow? Commissioner Plummer: "Despacio." [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. SERGIO RODRIGUEZ.] Ms. Calvo: YO SOLAMENTE TENGO HECHO UN TECHO, a roof, EN UNA TERRAZA QUE SIEMPRE ESTUVO, EXCLUSIVAMENTE, EN DONDE SIEMPRE YO HE TENIDO UNA TERRAZA QUE ESTUVO EN LA CASA SIEMPRE CON SU PISO Y CERCADO DE CERCA PEERLESS. Only a roof and iron, only. No more. TRANSLATION: I have only done a roof over a terrace or a carport that I always had there, only. In the same area where all we had, a terrace with a floor, and with a chain link fence. Only a roof, and I think she said an iron, but I think she's talking about a column. 163 July 26, 1994 Mr. Mardiaga: It's a decorative iron. Mr. Rodriguez: Decorative iron. Commissioner Plummer: For my edification... Mr. Rodriguez: Security. Commissioner Plummer: ... the only violation that we're really looking at is where the carport... like a carport structure extends out. Is that what, basically, the whole text of this thing? Mr. Rodriguez: Yeah. Basically, that's it. They are getting into the east side setback. They were supposed to have five feet, and they are one point eighty-four, plus the roof overhang. There are two violations. Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, she must be on the record. Commissioner Plummer: You have to speak into the microphone, and that now becomes the property of the City, the picture. Mr. Maxwell: Please leave that. Commissioner Plummer: Is that Miami with a snowman out there? Commissioner Gort: Mr. Mayor, may I ask a question? Mayor Clark: Surely. Commissioner Gort: Sergio, my understanding, what would be in violation, would be the column to the south? Commissioner Plummer: Wait a minute. Excuse me. Maria, you must talk on the microphone. You can pass out anything you want. Let the gentleman pass it out, but you must speak on the microphone. Mr. Maxwell: Also, Mr. Mayor, she must pass a copy of that because of Jennings. She must pass a copy of that to the other side, as well, and give them an opportunity to look at what she's doing here. Commissioner Plummer: We'll pass them down so they can see it. Mr. Rodriguez: In addition to the roof overhang, there's also the fact that there was a terrace built. Commissioner Plummer: A slab? Mr. Rodriguez: A slab, yeah. And the slab is less than... is more... Yeah. It's less than five feet from the property line. Commissioner Gort: Let me ask you a question, because I had that problem at my dad's. My dad wanted to build a sort of small roof in front of the... at the front door, in order to protect the door. Now, my understanding, when I went to pull the permit, I would be in violation because there was a required twenty -feet setback, front setback. 164 July 26, 1994 Mr. Rodriguez: Right. Commissioner Gort: So what I did is, the roof came out, but I threw the column in an angle. So what we're talking about here is the columns that are... Mayor Clark: On the line rather than on an angle. Commissioner Plummer: I don't think the column is the problem as it is a setback problem. Commissioner Gort: The column violates the setback problem. Commissioner Plummer: No. It's the roof that's under violation. i Commissioner De Yurre: They're both in violation of each other. If they live together, they both go down. Commissioner Gort: Oh, the iron. If you throw it in an angle, it's not a violation. Commissioner Plummer: The roof is still a violation. May I ask this question, if you know the answer? i' 1 Mr. Rodriguez: Yes. i Commissioner Plummer: How long ago was this thing put up? 4 Mr. Rodriguez: It was done this year, and the reason why it is before you is because it had a violation. It went to the Code Enforcement Board. And they are trying to cure the violation by trying to get a variance. They have, you know, they built the floor, the slab, and the slab is closer to... And since this has a roof over it, it becomes a structure. And that area is closer than the five feet from the side setback. Mayor Clark: The violation is the column holding up the roof. Right? Mr. Rodriguez: The violation is both of them; the roof overhang, which is more than it should be, closer to the setback, to the property line; and also, the slab, itself. You see, it becomes... Once you start adding and you put a roof over it, and you have the columns, it becomes a structure. And at that point, you are not allowed to be closer than five feet on any structure from the property line. Mayor Clark: I understand. I got you clear. Do you have anything further to add? I think you've made your position very clear. Mr. Rodriguez: "Quiere aclarrar algunas otras cosas, o su posicion esta clara?" Ms. Calvo: MI POSICION SIMPLEMENTE ES QUE ESA TERRAZA CON LOS HIERROS, YO LOS TENGO POR SEGURIDAD NUESTRA. TRANSLATION: The position that she has is, basically, that the reason she has that area with the security railings around, is that she's doing that for security reasons. She needs that. Mayor Clark: All right. Ms. Calvo: NO ES POR MOLESTAR A NADIE. 165 July 26, 1994 i TRANSLATION: She's not trying to bother anybody. Mayor Clark: All right. Ms. Calvo: Thank you, sir. Mayor Clark: Thank you. You have some rebuttal time, a moment or so. Do you have something to add? Ms. Abad: OK. The... It's... The measurements of that is twenty-one feet -by -six inches, horizontally, and it's eleven vertically. And they have sufficient space to obtain that, and to do it. And reasonable use of the property was being achieved without the illegal addition that was built without permits. That is the picture. It is definitely not a carport. In case of a fire, they are extremely dangerous. It is totally locked. It cannot serve as a carport, because where is the vehicle going to enter from? And that is exactly... What Mr. Plummer is looking at, is exactly what we look at every day. (INAUDIBLE COMMENTS) Mayor Clark: Well, we're going to decide this right quick. All right. Ms. Abad: I don't know if you want to hear from the other neighbors that are here, present today. F Mayor Clark: You care to hear from the neighbors? t Commissioner Plummer: No, not especially. Mayor Clark: If you have something to add, something different. Ms. Abad: OK. We'll remain... That's it. Mayor Clark: All right. Commissioner Plummer: You know, Mr. Mayor, I asked once before, and I guess I'm going to ask it again. You know, all of these little problems could really be eliminated, and all, half of the work of the Code Enforcement, if you forbid people delivering construction materials to deliver without a building permit being visible. It would be so simple. That if they could not deliver to an address unless there was a building permit displayed, we'd eliminate fifty percent of these problems that we have day in and day out, really. I mean, you can't... What is it, five hundred dollars now? Anything over five hundred dollars, you have to get a permit for? Mr. Rodriguez: Anything over five hundred dollars, you have to get a permit for. Commissioner Plummer: You know, you can't deliver a load of concrete without five hundred dollars. And yet, I see concrete trucks backing up to sites, delivering concrete all day long, no building permit. Mayor Clark: Weekends, J.L. Weekends. ' Mr. Mardiaga: Mr. Plummer. Commissioner Plummer: It's amazing what can be built in this town from Friday at five o'clock to Monday morning at eight. Amazing. 166 July 26, 1994 Mayor Clark: How old is this structure, Mr. Rodriguez? Commissioner Plummer: Less than a year. Mayor Clark: Sir? Mr. Rodriguez: I'm sorry. I couldn't hear you. Mayor Clark: How old is this structure? Mr. Rodriguez: How old is the... Mayor Clark: Yes. Mr. Rodriguez: I'm sorry, I didn't hear the last... Commissioner Plummer: How long has it been there? Mr. Rodriguez: Oh. According to them, during the last year, this last year. Mayor Clark: OK. Mr. Mardiaga: It was after the hurricane. Mayor Clark: All right. If you have nothing else, I'm going to close the public hearing. What's the pleasure of the Commission? I'm looking for a motion, either yea or nay. What's the pleasure of the Commission? Commissioner Gort: It's the "Whitfields and McCoys." Commissioner Plummer:. Hatfield and McCoys. Commissioner Gort: Hatfields. Commissioner Plummer: What would you know about rednecks? Mayor Clark: Do I have a motion? Commissioner Gort: In Cuba, it's the Whitfields. Here, it's the Hatfields. Commissioner Plummer: Papito and Mamita. Mayor Clark: Let me have something. Would somebody move, someone, yes or no? Commissioner De Yurre: Move to deny the appeal. Mayor Clark: There's a motion to deny the appeal. Is there a second? Motion to deny the appeal. Give me a second. I'll second the motion and get it on the floor. Call the roll, Madam Clerk. Vice Mayor Dawkins: To deny the appeal favors who? Mr. Maxwell: Therefore, this would be a motion affirming the decision of the Zoning Board and granting two variances. That's what the effect of the motion would be, to grant the variances. Vice Mayor Dawkins: And allow them to continue to have the overhang in there. i Mr. Maxwell: Correct. That's correct. Vice Mayor Dawkins: OK. I... Commissioner Plummer: OK. Let me tell you how... Let me tell you how... Vice Mayor Dawkins: I need to know, I need to know how it goes. Commissioner Plummer: Let me tell you how I can vote for that. With the understanding that when she sells the house, it's got to come down, if they agree to that. Is this a variance? Mayor Clark: Yes. Commissioner Plummer: It can be a condition. Commissioner De Yurre: You know, J.L., what the issue is... Commissioner Plummer: It cannot be enclosed, it cannot be used for a live-in habitat, with a covenant. They must give a covenant that it cannot be enclosed, nor can it be used for a person to live in, and that at the time you sell the house, it must come down. Ms. Abad: Well, what about if they decide to sell before us? We're losing property value. And that lady, Cordovi, was not the one that came to measure. The inspectors on that side over there, they came to measure the house. Commissioner Plummer: I didn't do the measurements, so I can't tell you. Ms. Abad: No. I was wondering why he's not speaking, if he was the one that did it. Mayor Clark: All right, please. Now, the hearing is closed. The Commission has the... Commissioner De Yurre: Yeah, Mr. Mayor, just to check, my understanding is that they are both, both neighbors are in violation. Mayor Clark: That's what I understand. Commissioner De Yurre: So I believe that pretty much will... Ms. Abad: That's not the case. Commissioner De Yurre: Well, according to... Commissioner Plummer: We're not speaking of that. Commissioner De Yurre: ... the Administration, you are both in violation. That being the case, I - just, you know, this would be a present, you all live with each other as is. So if, in case that the issue comes up with the neighbors being in violation, that's basically the same result, that they have to live with each other. Vice Mayor Dawkins: I'd like to agree with what Commissioner De Yurre is saying, that if you are going to grant this party the right to have all of the violations that are alleged, then I would only vote for that, if you allow that the City of Miami drop all of the alleged violations against them, and everybody go on home. 168 July 26, 1994 Ms. Abad: But it's too late for that, because we've already paid for everything before, and they have not. They remain with their illegal construction. Mayor Clark: Please., ma'am, please, ma'am, please, please. Call the roll, Madam Clerk - Mr. Clerk. Commissioner Plummer: Well, Mr. Mayor, I made the provisions for my vote, and I have to have an answer that they're agreed upon, because if they're not, then I vote against. Mayor Clark: You agree to that? You agree... You agree... Ms. Calvo: YO LO ACEPTO, PORQUE YO LLEVO OCHO ANOS ACEPTANDOLO. NO LES HE HECHO LO QUE ELLOS ME HAN HECHO A MI. DIGASELO. Mr. Rodriguez: She will accept. Commissioner Plummer: They have to give a covenant. Mayor Clark: You have to give a covenant. Ms. Calvo: YO ACEPTO, PERO YO QUIERO DECIR ALGO. Mayor Clark: Please, don't, don't kill yourself. Ms. Calvo: OK. OK, Mayor Clark: They have to give a convenant. That's what... Mr. Rodriguez: So to understand correctly, the covenant that Ms. Calvo will agree to is that she will not use the property for living, that area of the property for any living accommodations, it will not be enclosed, and when they sell the property, that part that has been in violation must come down, must come in compliance. Let me ask in Spanish to make sure. USTED ENTIENDE ESOTI Ms. Calvo: SI, YO LO ENTENDI. Mr. Rodriguez: Y USTED ESTA DE ACUERDO? Ms. Calvo: SI, ESTOY DE ACUERDO. Mr. Rodriguez: She understands, and she is in agreement. Commissioner Plummer: And it has to be a covenant given within... Mr. Rodriguez: Within thirty days. Commissioner Plummer:... within two weeks. Mr. Maxwell: Within two weeks. Two weeks. And it must be recordable, and approved by the City Attorney's Office. Mayor Clark: Call the roll, Mr. Clerk. Vice Mayor Dawkins: Now, does that apply to this group, too? 169 July 26, 1994 f l I ' , t s f Commissioner Plummer: We're not dealing... j Mr. Rodriguez: No, no. i Mr. Maxwell: Mr. Vice Mayor, and Mr. Mayor, if I may. It's important that you not commingle the two issues here. Commissioner Plummer: That's it. Mr. Maxwell: The issue before you is one of variances and appeal of that, and it pertains only to this particular property. Vice Mayor Dawkins: Well, why would the Zoning Department bring them up? Mr. Maxwell: Well, at such time as they are cited and it starts through the process, then you can j address that. But I would advise you not to do that now. I Mayor Clark: They'll get the same treatment, as far as I'm concerned. Commissioner Plummer: Well, Miller, you can go one step further. Her contention is, she has permits for everything, so it will kill it right there, so there is nothing to forgive, according to 1 her. , Ms. Abad: Oh, yeah. No, not according to me. It's according to the paperwork that's here. Mayor Clark: All right. Roll call, please. f f I F { f r t , i I 170 July 26, 1994 t. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-592 A RES L O UTION AFFIRMING THE DECISION OF THE ZONING B04RD AND GRANTING TWO VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, 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 AN EAST SIDE YARD SETBACK OF 1.84' (5'-0" REQUIRED) AND A ROOF OVERHANG TO PROJECT 0.20' FROM THE EAST SIDE SETBACK (3'-0" MINIMUM DISTANCE REQUIRED FROM THE LOT LINE) ACCORDING TO ARTICLE 9, SECTION 908, LOT MEASUREMENT, SECTION 908.3. PERMANENT STRUCTURAL PROJECTIONS FROM BUILDINGS FOR AN EXISTING ROOFED TERRACE, FOR A LEGAL NON -CONFORMING DUPLEX RESIDENCE LOCATED AT 1618-1620 SOUTHWEST 18TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-1 SINGLE FAMILY RESIDENTIAL; PER PLANS ON FILE AND SUBJECT TO: (1) A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; AND (2) A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO BE RECORDED WITHIN TWO WEEKS FROM THE DATE OF THIS RESOLUTION, REQUIRING THAT THE EXISTING ROOFED TERRACE SHALL (A) NOT BE USED FOR LIVING SPACE, (B) NOT TO BE ENCLOSED, AND (C) BE DEMOLISHED UPON THE SALE OF THE PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: Let me explain my vote. I sympathize with the applicant here, but, unfortunately, I think if we... We are talking about all the violations that are taking place within the City of Miami. We want our Code Enforcement to really work, and we've got to support them. For that reason, I have to vote no. (APPLAUSE) Mayor Clark: It has been approved by a three to two vote. Now, a reverse vote is needed? Mr. Maxwell: No, sir. It's approved. 171 July 26, 1994 i i Commissioner Gort: It's approved. Mayor Clark: OK. That's all. Commissioner Plummer: Subject to the covenant. --------------------------------------------------------------- ------------------------------------------------ 54. (A) DENY APPEAL -- AFFIRM ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTION FROM ORDINANCE 11000, ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA, FOR A LOT SIZE OF 7,887 SQUARE FEET LOCATED AT 630-632. S.W. 19 ROAD. (Applicant: Miriam Miles, Appellant: Jose Pinedaj (B) INSTRUCT ADMINISTRATION TO RESTUDY ISSUE OF WHETHER ADJOINING PLATTED LOTS HAVING COMMON LOT LINE SHALL BE PERMITTED TO REFACE WITHOUT REPLATTING. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item is item 3. Yes, ma'am. Ms. Lourdes Slazyk: PZ-3 is an appeal of a special exception which was granted by the Zoning Board for building an additional dwelling unit on an R-2 lot, due to the fact that the subject lot had an additional twenty-five hundred square feet. The Planning, Building and Zoning recommendation was for approval with the condition that the new duplex, which is to be constructed on the lot, that a landscape plan for review and approval by the Planning, Building and Zoning Department be submitted prior to the issuance of building permits. The existing house which is going to remain is well landscaped, and we want to mare sure that the new duplex is landscaped to the same quality. At the last Commission meeting, there was some question about the facing, the refacing of the lots and the existing uses on the adjacent lots. So we went out and did a quick land use survey of the immediate area, in order to show you what exists in the neighborhood at the moment. Commissioner Plummer. There was another question. As I recall... Which one of the lots is actually in question? Which one of the... Yeah, that's... That's what... Which lot is in question right now? Ms. Slazyk: OK. The lot in question has the shading, shaded on the structure. Commissioner Plummer: All right. And the question we asked at the last time, was the other lot in the same ownership? Mr. Sergio Rodriguez (Assistant City Manager): And then we sent a letter to the lawyer for the owner to be here, to be able to answer that question, and they are here today. Commissioner Plummer: OK. Well, whoever is going to answer it, that's... Commissioner Gort: Mr. Mayor. 172 July 26, 1994 Mayor Clark: Yes. Commissioner Gort: Before we go into this item, there's something in the items we had before. I've seen a lot of carports going up, and they're going up by professional companies. They're going to people, and they're telling them they have the permit, and so on, and then violations. We need to tell our Planning Department or Code Enforcement, we need to do something about that, because a lot of individuals are putting up these carports, and they believe that they have the permit, they're in compliance, and they're being put up by companies that are supposed to be legitimate companies. And we need to do something, because we're going to have a lot of those things coming in front of us. Commissioner Plummer: I'm telling you, if you would make it where they have to have a building permit in the front of their house before they deliver the building goods, you'd cut out fifty percent of this. Commissioner Gort: I would like to instruct, Mr. Mayor, if you would allow this, the Planning Department or whatever department would take care of that, to come back with some kind of solution for this, because we've got to stop this. Mayor Clark: All right. Sergio, you can handle that. Mr. Traurig, would you identify yourself for the record. Mr. Robert H. Traurig: Yes. Mr. Mayor, my name is Robert H. Traurig. I'm an attorney -at -law with offices at 1221 Brickell Avenue. Mayor Clark: One question. Mr. Traurig: Yes. Mayor Clark: That corner lot and the next lot - not that one - those two ran all the way through at one time, and they're platted a lot in the back; is that right? Is that a platted lot in the back? Mr. Traurig: That was the... Those were platted lots. You will note that the interoffice memorandum that was sent to you indicated that prior to 1983, adjoining platted lots were allowed to be refaced. This refacing occurred in 1980, prior to the 1983 ordinance that required the replatting of the lots. Mayor Clark: So they had two lots, and they made three lots out of two lots. Mr. Traurig: No. They made two lots out of two lots. Mr. Rodriguez: Two lots out of two lots. Ms. Slazyk: They just refaced the... Instead of them fronting one direction, they refaced them the other way. And there are several others in the neighborhood that have been refaced, which this shows, as well. Commissioner Gort: Facing 7th Avenue now. Mayor Clark: Well, I don't see how they could reface the others. They're all facing either road there, 19th or 20th Road. There's no other corner lot like that in the area. Mr. Traurig: There are only two lots here, Mr. Mayor. One lot is the refaced lot that faces 19th Road, and the other lot is the lot that faces 7th Avenue. 173 July 26, 1994 Mayor Clark: But you want to build a duplex on one of them, and a single home on the other. Mr. Traurig: No. Commissioner Plummer: Triplex, isn't it. Mr. Traurig: We have two different buildings on the lot that faces 19th Road. One of those buildings was destroyed by fire. We would like to build a duplex to replace the building that was destroyed by fire. Mayor Clark: Then build another unit on the back lot. Mr. Traurig: No. There will be a total of three housing units facing 19th Road, and only one housing unit with two - with a duplex, actually - facing 7th Avenue. Mayor Clark: Bob, what you got is two originally RU-2 zoned lots. Now, you want to put three units on two RU-2 lots. Mr. Traurig: Yes. And your ordinance permits that by special exception, when you have more than seventy-five hundred square feet, you can get an additional unit. Ordinarily, for five thousand square feet, you're entitled to two units. For seventy-five hundred square feet, you're entitled to three units. We've asked for the special exception to permit the additional unit, making it three units facing 19th Road. Mayor Clark: All right. i ? Commissioner Plummer: My question, who owns the adjacent property? fMr. Traurig: The property, which is in gray, which is the subject of this hearing, is owned by Miriam D. Miles. Commissioner Plummer: OK, Mr. Traurig: The property that fronts on 7th Avenue is now a condominium, and there are two different unit owners. One unit owner, which is the parcel closest to the gray, is owned by Miriam and Uonel Alonso. The other unit is owned by Mrs. Penaboss (phonetic). And those units cannot be expanded into a third unit because there is insufficient square footage to permit it. There are only around fifty-six hundred square feet in that lot - fifty -five -ninety-eight, to be exact - and the onlyway that the could et a special exception, or even apply for it is if the Y Y g Pe � p PP Y , had seventy-five hundred. But more than that, Mr. and Mrs. Alonso will covenant that there will never be an additional unit built on that lot. Commissioner Plummer: OK. That answers that question. Now, I'm still at a loss. Do we have some other kind of a drawing... Mr. Rodriguez: Yeah. If you... Commissioner Plummer:... that shows me... Mr. Rodriguez: If you look at the transparency - I know it's far away - it's a copy of the blueprint. And if you look at the... Commissioner Plummer: What they propose to do? 174 July 26, 1994 Mr. Rodriguez: Right. If you look at the property, the building that is shown on the top... Commissioner Plummer: All right. Mr. Rodriguez: that is the part of the duplex that is there now. That part of the duplex will remain. And then the other part of the duplex, which would be in the southern part of it, will be demolished, and they will build a set of duplexes in the rest of the property. So it will be one unit on top... Commissioner Plummer: Are they replatting the property? Mr. Rodriguez: No. Commissioner Plummer: Well, they could... If you're putting... j Mr. Rodriguez: It would be a condo. Commissioner Plummer: ... two structures. Mr. Rodriguez: Right. Commissioner Plummer: Excuse me. I'm asking, if it were replatted, would it be legal? If they replatted that lot with the gray, where the gray structure is... Mr. Rodriguez: Right. Commissioner Plummer: ... and they replatted that into two different lots, could they build two duplexes? OK? No, I'm trying to understand you, that's why... Mr. Rodriguez: They don't have to replat. Commissioner Plummer: If they did... Mr. Rodriguez: Uh-huh. Commissioner Plummer: Could they put two duplexes on... a duplex on each lot? That's what I'm asking. Mr. Rodriguez: No. Commissioner Plummer: No. Mr. Rodriguez: They wouldn't have enough square footage to put it. To have a duplex in that property, you would have to have five thousand square feet. Commissioner Plummer: All right. So what you're saying is that the back part of that structure is where the new duplex would be. Mr. Rodriguez: Right. Commissioner Plummer: And then the front section would only be a single residence. Mr. Rodriguez: A single, right. So... Because you have more than seventy-five hundred square feet, you can put then three units. 175 July 26, 1994 Mr. Rodriguez: Right. If you look at the property, the building that is shown on the top... Commissioner Plummer: All right. Mr. Rodriguez: that is the part of the duplex that is there now. That part of the duplex will remain. And then the other part of the duplex, which would be in the southern part of it, will be demolished, and they will build a set of duplexes in the rest of the property. So it will be one unit on top... Commissioner Plummer: Are they replatting the property? Mr. Rodriguez: No. Commissioner Plummer: Well, they could... If you're putting... Mr. Rodriguez: It would be a condo. Commissioner Plummer: ... two structures. Mr. Rodriguez: Right. Commissioner Plummer: Excuse me. I'm asking, if it were replatted, would it be legal? If they replatted that lot with the gray, where the gray structure is... Mr. Rodriguez: Right. Commissioner Plummer: ... and they replatted that into two different lots, could they build two duplexes? Mr. Rodriguez: They don't have to replat. OK? No, I'm trying to understand you, that's why... Commissioner Plummer: If they did... Mr. Rodriguez: Uh-huh. Commissioner Plummer: Could they put two duplexes on... a duplex on each lot? That's what I'm asking. Mr. Rodriguez: No. Commissioner Plummer: No. Mr. Rodriguez: They wouldn't have enough square footage to put it. To have a duplex in that property, you would have to have five thousand square feet. Commissioner Plummer: All right. So what you're saying is that the back part of that structure is where the new duplex would be. Mr. Rodriguez: Right. Commissioner Plummer: And then the front section would only be a single residence. Mr. Rodriguez: A single, right. So... Because you have more than seventy-five hundred square feet, you can put then three units. 175 July 26, 1994 Wi1/11110.71VllUl i 1u1111111.i. ♦111a1 UV rVu 111Ga11 lIV 4 Commissioner Gort: When you're looking at both lots, you're talking about five units; am I correct? Commissioner Plummer: Well, forget this one over here, Willy. That does... That's not even in i contention now. Commissioner Gort: All right. The one in gray. s Mr. Rodriguez: Right. Commissioner Plummer: We're talking about the lot in gray. Mr. Rodriguez: Right. Commissioner Gort: Now, my understanding... Commissioner Plummer: There would be a duplex on the back, and a single residence in the ( front. i Commissioner Gort: My understanding is that it was plotted with... The front of lots were } facing 19th Road. Commissioner Plummer: OK. Commissioner Gort: OK? At one time. And then, it was replatted... Mr. Rodriguez: Refaced. Commissioner Gort: When would that... It was refaced, I'm sorry, refaced. Mr. Rodriguez: Right, that's the term. Commissioner Gort: OK. When was that refaced. Mr. Traurig: That was refaced in 1980. Commissioner Gort: Back in 1980, it was refaced. Mr. Traurig: Right. Commissioner Gort: 8o we're talking now about the front. Now, when it was refaced before, the lots used to be divided equally into the same amount. And when it was refaced in 1980, one lot was taken, some... Some of the land was taken from one lot and given to the other one to create the seventy-five hundred feet. That's my understanding. Mr. Traurig: No, that's not correct, sir. Commissioner Plummer: Well, is my contention still correct, that the back half - where the lot goes, dot, dot, dot, dot, OK? - the back half of the gray area is a duplex, and the front half of that is a single family residence? 4 176 July 26, 1994 110 ' r Mr. Rodriguez: No, it's a duplex. Commissioner Plummer: Am I correct or wrong? Mr. Rodriguez: No. You are wrong. The single part of that, the front, is a duplex now, and it will be converted into three units. In the upper corner, it will be one structure, and in the other part of it, it will be a duplex. Commissioner Plummer: Are you saying where there is one structure today, if granted, there would be five? Mr. Rodriguez: No. What I'm saying is what you look at as one structure, that's two units. And in what would be the tip of that lot over there, where Lourdes Slazyk is showing it, it will be one unit. And in the remainder of that lot, which is facing the avenue... Commissioner Plummer: Right. Mr. Rodriguez: ... it will be two units, a duplex. Commissioner Plummer: How many total living units on that parcel? Mr. Rodriguez: Now? Commissioner Plummer: No. If this were to be granted. Mr. Rodriguez: It would be three total living units. Mayor Clark: All right. Mr. Traurig, you want to continue? Mr. Traurig: Yeah. I would just like to call your attention to the fact that we have a letter here that was sent by the City of Miami on August 26, 1980, at the time that the refacing was contemplated. It's addressed to Dr. and Mrs. L. Alonso. It's signed by Laura Tindell Howell (phonetic), as Chief Zoning Inspector of the City, with a postscript that says, I checked with Mr. Genuardi, accept the letter, J.G., whom we believe may have been Juan Gonzalez. And the letter reads: "The above -referenced property constitutes legal building sites per Ordinance 6871, Article IV, Sections 11-2 and 3. The property could be described more properly using the exact portions of the lots, however, survey description will suffice." What I'm saying to you is that inquiry was made appropriately at the time that the refacing occurred, and the City concurred that it was proper. The refacing occurred. We are entitled to the three lots by virtue of the fact that you can have a duplex, and if you have more than seventy- five hundred square feet, an additional unit. Commissioner Plummer: Where does he come out with three lots? Mr. Traurig: So we think that the special exception is properly granted, and we urge that you uphold both your Planning Department, which recommended approval, and your Zoning Board, which granted it. Mayor Clark: All right. Thank you. Now, the opposition has some time to make their position clear. Give us your name. Commissioner Plummer: Where does he speak of the three lots? That's what I see is... 177 July 26, 1994 Mr. Dick Nellius: My name is Dick Nellius. I'm president of the Miami Roads Neighborhood Civic Association. The Association strongly opposes granting of this exception. It will... Further overcrowding on another already small lot. It will trigger, we feel, a further downgrading of the area, and then other people will try to do the same thing. There's a question of the legality. They say they have a right to this. Well, legally... As you know, some things are legal, but not right. The newspapers have a legal right to say anything they want, but I think we all agree what they say isn't always right. Commissioner Plummer: Boy, you couldn't be more right on that one. Mr. Nellius: Thank you. Excuse me, I'm a little nervous. I'm a very good writer, but a lousy public speaker. Putting five living units at this location just doesn't make any sense. There's a... You have a lot of traffic going down 11th Street there.. Commissioner Plummer: You see, now, he's talking five units. That's where I'm confused. Mr. Rodriguez: He's talking about five units, because he's considering the lot adjacent to it, and he... Commissioner Plummer: That's not part of the hearing. Mr. Rodriguez: I know. Commissioner Plummer: It's not part of the hearing. We're talking about, as I understand it, the lot on the corner. Mr. Rodriguez: Right. Commissioner Plummer: ©K? Now, look... I would appreciate, sir, and I don't mean to interrupt you, but I'm trying to get my head straight. Mr. Nellius: What's very confusing, I'm going by the... Commissioner Plummer: We're only talking about the lot on the corner. The other one is legal, correct? Mr. Rodriguez: Right. Commissioner Plummer: It's a duplex now? Mr. Rodriguez: Right. Commissioner Plummer: It's perfectly legal. So that is not even in contention. We're talking about the corner. And unless this man has given me wrong information, we're talking about that would be three units. Mr. Rodriguez: That's correct. Commissioner Plummer: It's pure and simple. Mr. Nellius: It's very confusing. I'm going by what they submitted in the way of a survey. And that certainly would indi... 178 July 26, 1994 Commissioner Plummer: Well, you happen to be right, I guess, if you include' that other lot, which is not part of the hearing here today. That lot is perfectly legal. It's an R-2 district, duplexes are permitted, so that's not part of the contention. Mr. Nellius: OK. Commissioner Plummer: The contention is the corner lot, which is three units. When you talk five units, forget it. When you talk three, that's what's in the ball park. Mr. Nellius: I thought it had an adjacent wall, and it looked to be one unit. I'm sorry. They have a... They share a common wall; is that correct? Mr. Rodriguez: You're talking about the subject of this application today. They have a common wall, and they have a duplex in that facility today. Mr. Nellius: Looks like one place. I'm sorry. Mr. Rodriguez: If you look at the property, it looks like, in the corner... Mr. Nellius: If you go by there... Mr. Rodriguez: ... it's two stories, and in the second part of the lot, it is one unit, which is stretched out of one floor. And what they're doing, they're substituting the unit which is attached to the one in the corner, which is two stories, and separating away from that, and building a duplex on the remainder of the lot. Mr. Nellius: I understand that. The existing... Going over what was submitted in their application in the way of a survey, it would show that they have less than three feet from the property line in the back of that building. Now, I understand that was grandfathered in; is that correct? Commissioner Plummer: I don't think... Mr. Rodriguez: I don't know what you're referring to. Let me look at the survey. Commissioner Plummer: Sergio. Mr. Rodriguez: Yes, sir. Commissioner Plummer: Is the so-called common wall he's speaking of in the front or in the back? Mr. Rodriguez: I'm sorry? Commissioner Plummer: The common wall that he speaks of, is it in the front or in the back? Mr. Nellius: In the back. Mr. Rodriguez: It's... It will be adjacent... Well, perpendicular to 19th Road. Commissioner Plummer: OK. Mayor Clark: Let's get by this so we can sail. 179 July 26, 1994 Mr. Nellius: As you know, we circulated a petition in the area. We have some additional names to go with it. But just about every property within three hundred and seventy-five is opposed to this. The people who live there in that area are not for it. There's a few lots that are vacant, so we couldn't get anybody to sign a petition there. There are only a few people who refuse to sign the petition, for one reason or another. Among those who refused to sign, none of them said they were for it. They were just not going to take a public stand against it, or that they were neutral on it. Commissioner Plummer: And ironically, ironically, the ones that are the contiguous neighbors are not the ones that are opposed. On both sides, is white. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: OK, behind it, on the side. Mr. Nellius: Joe Wilkins took the sur... did the petition for us, if you have any questions on it. That's, by way, not a to -scale drawing, correct? Right. Another thing that bothers us is, if you look at the way the R-2 zoning was granted in this area, every half block is zoned R-2, and presumably, could also qualify for a third duplex, or triplex, which means you can allow triplexes backed up against single-family homes. Now, it's a kind of a wacko system. I don't know how long ago that was done. But you can take a look at that map we submitted here, and it's a terrible situation. Once it starts, it's going to snowball right down into the Roads. The Roads is justifiably famous for its greenery and open spaces. To put more and more people in there does not make any sense to me. Across 11th Street, you have lots of - I won't call them seedy - but you got apartment buildings there with a lot of transients, with non -owner residents. We're really concerned, as an association, that this is going to spread further into the Roads area, which is one of the nicer neighborhoods. And since we have Neighborhood Enhancement Teams, let's enhance our neighborhood, not downgrade it. That's our consideration. Mayor Clark: All right. Let's hear from some of the others, Mr. Nellius. Mr. Nellius: Thank you. Mr. Joe Wilkins: Joe Wilkins, 228 Southwest 23rd Road. I just want to recap a couple of the points, because this has been very confusing. First of all, yes, this is legal, with a public hearing. I assume the purpose of the public hearing, the public input should have some weight. You've got that right in front of you. We knocked on no door where anybody said they were for this. The duplex configuration and the way the plot was replatted, or refaced, or whatever was redone was grandfathered in. I've been down here many, many times, and I was told that anything that was grandfathered was allowed to exist, but not to expand. It's bad enough to have duplex backing up to single- family. We don't need triplex backing up to single-family. The issue of traffic and parking, OK, scaling down. Not considering the duplex that's immediately adjacent to it, you still will have... need parking for six cars on a very, very busy corner. Those cars can't park too close to the corner with a duplex right around the corner that mandates four more. You're going to end up with ten cars needing to park on a corner, if you consider the lot that we're not considering. We just ask your consideration to the fact, as Dick was talking about, we're trying to keep our neighborhood nice and uncrowded. If you look at that corner now, it's already very crowded. The immediate neighbors have spoken. We'd like your support. Thank you very much. Mayor Clark: Thank you, sir. Yes, ma'am. Identify yourself. Your name and address, for the record. Commissioner Plummer: Just for the record, Mt. Mayor, I asked about the parking. - They have to provide six spaces on the location, -which, according to this map, does show the six spaces. _ 180' July 26, 1994 W& Mr. Rodriguez: Right. Mayor Clark: All right. Yes, ma'am, your name. [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.] Ms. Josefina Fernandez: MI NOMBRE ES JOSEFINA FERNANDE•Z, Y MI DIRECCION, 1910 SOUTHWEST 7 AVENIDA. YO VIVO EN ESA CASA HACE VEINTE ANOS. Y AHI LO QUE HABIA ERA UNA CASA DE FAMILIA, UNA SOLA CASA DE FAMILIA. ENTONCES AHI VINIERON, Y DIVIDIERON EL SOLAR, HICIERON TRES townhouses. AQUI, AQUI, Y AQUI. ESTE DE AQUI ESTA ROMPIENDO LA LINIA DE FABRICACION. ENTONCES QUEDO LA CASA VIEJA QUE ES DONDE QUIEREN FABRICAR AHORA DOS townhouses. ASI QUE DE UNA CASA ENTONCES VAN A HACER CINCO CASAS Y, NO SE, PERO ME PARECE QUE AHI ESTAMOS TODOS PERDIENDO PORQUE ESTAMOS PERDIENDO... LA PROPIEDAD ESTA PERDIENDO VALOR. MI CASA SIEMPRE ESTA LLENA DE PARQUEO DE AUTOS Y ESO,... DE LA CASA DE ENFRENTE. Y YA LE DIGO: DE UNA CASA - CINCO. Y EL TERRENO LO DIVIDIERON EN DOS, HICIERON DOS townhouses, Y OTRO MAS QUE NO SE COMO ESTA AHI. TRANSLATION: My name is Josefina Fernandez, and my address is the one that was put on the record. I have lived in that house for the last twenty years. What was there before was a family home. She's showing the map of the two lots. Only one house per family. And then, they came afterwards and divided the lot, and they did three townhouses. They built three townhouses, one of which is violating the building line. So they only left the old house, where they want to build now the two townhouses. So now, from one old house, they are trying to build five units. I don't know, but I think with that kind of situation, we are all losing, because our property is losing value. My House is always full of cars from the units across the street. So from one house, they have built five. And they divided the lot in such a way that they have built two townhouses, another one, which I don't know exactly what happened. Mayor Clark: OK. Thank you, ma'am. Thank you. Another person? Mr. Rolando Atesiano: Yes. My name is Rolando Atesiano, 730 Southwest 20 Road. See, you mentioned that they're going to make six parking lots. I wonder... Commissioner Plummer: Six parking spaces. Mr. Atesiano: I mean, sorry, six parking spaces. Commissioner Plummer: That's what's on the map, sir. Mr. Atesiano: Yeah. And what about the landscaping and everything? Because it's going to go deeper and deeper, the lot. It's not too deep to make three duplexes, plus... I mean three units, plus parking spaces in front of the house, plus landscape. This is another point. Mr. Rodriguez: Yeah. The condition that, in which the Planning Department recommended approval, was subject to a review and approval of the landscaping plan, with specifications to be approved by the Planning Division, prior to obtaining a building permit. Commissioner Plummer: Well, what the man is asking is, is there going to be space to put the landscaping in? That's what lie's asking. Mr. Rodriguez: Which there is... Yeah, in my opinion, there is. It depends on the kind of landscaping that is placed. And you can also locate very dense foliage in a small area to compensate for what is obviously a small lot. Mr. Atesiano: Besides that, right now, all the cars are blocking the sidewalk, every time. So in the future, they're going to have the same problem, blocking the sidewalk, because they have no room to put the six cars inside. OK? Mayor Clark: All right. Mr. Atesiano: So another question I want to know. They divide the lot in two, like they say, over here... OK. Let's say they divide it in two, the lot. How many square foot have each lot, divided? Mr. Rodriguez: The one that is before you today has seven thousand, eight hundred and eighty- seven square feet. The other one, I don't know. Let me see if I can find that information. Mr. Traurig, you say you have it? Mr. Traurig: Are you talking, when you say the other one... sMr. Rodriguez: The other one that was refaced. I Mr. Traurig: Five thousand, five hundred ninety-six, I think, was the number. Commissioner Plummer: Do we know who is the owner of the house on 19th Road... Mr. Traurig: Five thousand, five hundred and ninety-eight. Commissioner Plummer:... this way? Mr. Rodriguez: We can find it. Let me see. Let me try to get by the address, the owner. ' Commissioner Plummer: Mr. Traurig, do you know who is the owner of that house? Mr. Traurig: No, sir. Are you talking about the house next door? Commissioner Plummer: This house. Yeah, down 19th Road, towards Sth Avenue. Mr. Traurig: I don't know, sir. Commissioner Plummer: The reason I'm asking, they did not object. I was just wondering who it was. Mr. Traurig: I don't know, sir. Commissioner Plummer: And they are the contiguous neighbor. 182 July 26,1994 Mr. Traurig: While they're looking, may I have the opportunity to address the comments that were made? Mayor Clark: No. Please, Bob, first, let's get this straightened out here. Mr. Wilkins: If you're referring to the house on the corner, that house was recently, I believe, sold, and is being... When we went there, it was always under construction. I don't know if anybody is actually living there right now or not. Commissioner Plummer: Joe, I'm talking about the house that would be in the back. That... Mr. Wilkins: This house? Commissioner Plummer: No, no. Over, over, that house... over one. That one, who owns that house? Mr. Wilkins: (Inaudible.) Commissioner Plummer: OK. Because that was the one that is not objecting. That's why I'm asking. Mr. Wilkins (Inaudible.) Commissioner Plummer: OK. I can understand why the ones up 7th Avenue didn't object. That's pretty obvious. Mr. Wilkins: Let me, for the record, make one comment about the map that we distributed. As you can see from just this situation, the :nap is an approximation. We circulated the petition. I went down the street, looked at where the houses are. Obviously, all the houses don't add up to all the lot lines. And I did my best to give an accurate representation to the people that signed the petition. It is not an exact lot for lot. I didn't go around with a survey. Mayor Clark: You have the information? Mr. Rodriguez: I think the information, based on the listing that we send notifications, Lot 18 is 618 Southwest 19th Road, and the owner appears to be Virginia Roselle (phonetic), 622 Lake Sebring Boulevard, in Sebring, Florida. Commissioner Plummer: OK. Mayor Clark: OK. Have you expired your time now? Mr. Wilkins: I'd like to just make... .Again, I wanted to reiterate about the map. I also wanted to point out that one of the things that distinguishes our association has been its concern for neighborhood history. We have one of the most noted historians in the City of Miami as our secretary, Carmen Petzulas (phonetic). She is here today. And she has urged me to remind you all that we are very considerate of our history here. She has been very upset since she found out there was any duplex zoning in the Roads. That, obviously, came in later. Our neighborhood was designed single-family. That's the way we're trying to keep it. Mary Brickell wouldn't like it. We'd appreciate your support. Thank you. Mayor Clark: Thank you. All right. You can come back with some rebuttal. 1 183 July 26, 1994 Commissioner Plummer: Well, for the record, there are triplexes in the Road... Mayor Clark: Wait a minute. The other... Did you want to add something, sir? Mr. Jesus Roiz: Yes, I would like to. Mayor Clark: Give us your name. Mr. Roiz: Yeah, Jesus Roiz, 358 Southwest 22nd Road. I only have one comment. If you approve this special, or grant this special exception, you are going to be sending a message to all the zoning violators. who do not know the legal details how you can accomplish this, that it is OK to have three dwelling units in one fifty -foot lot. I think it would be sending the wrong message to the entire City of Miami, not only our neighborhood. So I would hope that you do not grant the special exception. Mayor Clark: Thank you, sir. Mr. Roiz: Thank you. Mayor Clark: All right. Is that it... Is this... All right. Fine, Bob. Mr. Traurig: Mr. Wilkins stressed the fact that the property is zoned R.-2. He's right. The lot has already been refaced. R-2 permits two units, if you have five thousand square feet, and by special exception, if you have more than seventy-five hundred square feet, you can apply for, and you would be entitled to an additional unit, provided that it meets the criteria established by the Planning Department, to determine whether or not those issues that they raised have been properly met. They raised the issue of overcrowding, lot coverage, landscaping, the rear setback, the parking. Let me address every one of those issues for you. With regard to open space, presently, before the old house is demolished and the new duplex is built, there's sixty-four point two percent open space. After we do our redevelopment of the site, it will be sixty-nine point six percent. Number two, with regard to the influence on the development within the Roads. This is on the fringe of the Road dominated by the north side of 11th Street, which is all apartment houses. Nobody seems to mention the fact that 11th Street is an apartment house street. With regard to... Commissioner Plummer: It's not the Roads. Mr. Traurig: With regard to the issue of lot coverage, we would be allowed ninety-three hundred and twenty-three feet. We only have... We have provided for only forty-seven hundred and thirty-nine square feet. On landscaping, we're required to have fifteen percent. We're required to have twenty-three hundred and six square feet of landscaping. We have five thousand, eight hundred and sixty; more than twice the requirement. The parking, we have already provided, as Commissioner Plummer indicated, for the six parking spaces. With regard to that three-foot setback that he called our attention to, that's as it exists today. When we redevelop, that three feet will become thirteen feet, nine inches. So we're increasing the setback. What I'm saying to you, basically, is that we have satisfied all the requirements of the Planning Department which has studiously examined the application, recommended approval. It was approved by the Zoning Board. We ask you to uphold your board and your Planning Department, because all we're asking for is the special exception, which we're entitled to, if we have more than seventy-five hundred square feet, and we're prepared to give you a covenant that no additional units will be built on the contiguous lot. , Commissioner Plummer: Thank you. The public hearing is closed now. What's the pleasure of the Commission? It's very simple, yes or no. _ --184: - _ July 2fi, 1994 _ Commissioner Plummer: Well, Mr. Mayor, you know, there are triplexes in the Roads, and we're aware of that. Unidentified Speaker: They're illegal. Commissioner Plummer: No, they're legal. They're legal. A friend of mine built one directly across from the old Vizeatran. OK? I don't necessarily like triplexes, but they're legal. I got to say to you, these people played by the rules. They played by the game, and they are entitled to this which they are asking for here. Whether I like it or I don't like it, it is my opinion that they are entitled to it, and I don't know how we can deny it. Mr. Wilkins: Then why have a public hearing? Commissioner Plummer: I'm sorry? Mr. Wilkins: Then why have a public hearing? I£ they're entitled to it... Commissioner Plummer: Well, I think what... Mr. Wilkins: Part of that special exception process... Commissioner Plummer: Oh, OK. Mr. Wilkins: ... is to have a public hearing. Mayor Clark: Please, please. Commissioner Plummer: Joe, Joe, to answer your question of why you have a public hearing, it's to make sire that all of these amenities are what the City Commission thinks that should be in place. As you have raised question, by question, by question, by question, it has been answered. Was there adequate parking? The answer is yes. Was there adequate landscaping? More than adequate. And I'm taking Mr. Traurig's word, Mr. Rodriguez, that what he has told us is true. OK? Is there... The setback's not there? There's no problem with the setbacks. And I think that's the reason we have a public hearing, to have subject control of the Planning Department. I'm just expressing one person's opinion. Mayor Clark: All right. We're going to have a motion somewhere. Commissioner Plummer: Mr. Mayor, I've said before, I see no reason to deny, and that as far as I'm concerned, I think that we have to - what's the proper wording? - uphold the Building Department - the Planning, uphold the Planning Board. Mr. Maxwell: Zoning Board. i r Mr. Rodriguez: No, the approval by the Zoning Board. I Commissioner Plummer: Uphold the Planning Board. Mr. Maxwell: Is that what the covenant... i Mr. Rodriguez: Zoning Board. Mayor Clark: Is there a second? 185 July 26, 1994 i Mr. Maxwell: Subject to the covenants that they... Commissioner Plummer: Of course, it's whatever covenants they have offered, and have proffered. Mr. Rodriguez: Conditions. Mr. Maxwell: And conditions. Mayor Clark: Is there a second? Is there a second? Vice Mayor Dawkins: Second. Mayor Clark: All right. Call the roll, if there's no further discussion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-593 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN FIVE THOUSAND (5,000) SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF LOT AREA, FOR A LOT SIZE OF SEVEN THOUSAND EIGHT HUNDRED EIGHTY SEVEN (7,887) SQUARE FEET LOCATED AT 630-632 SOUTHWEST 19 ROAD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED ON "EXHIBIT I", ATTACHED HERETO AND MADE A PART HEREOF); ZONED R-2 TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND FURTHER, SUBJECT TO THE APPROVAL OF AN EXPANDED LANDSCAPE PLAN BY THE PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND TO THE RECORDATION OF A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING THAT THERE SHALL BE NO ADDITIONAL UNITS ON THE PROPERTY LOCATED AT 1905 SOUTHWEST 7TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON "EXHIBIT II", ATTACHED HERETO AND MADE A PART HEREOF), WHICH CURRENTLY HAS ONE UNIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: Commissioner Wifredo Gort Mayor Stephen P. Clark ABSENT: None. 186 July 26, 19.94 W Commissioner Plummer: Now, Mr. Mayor, I'd like to make a motion at this time that the Planning Department be instructed to restudy the issue. I think points have been raised, and I think that we need to consider whether or not that option for people in the future have the right to do what they have done here. But in this particular case, they had the right, and as far as I'm concerned, that's why I made the motion as I did. But I would ask the Planning Department study, that in the future, that we. consider changing the rules of the game, and make that not permissible in the future. I would so... I would offer that as a motion, Mr. Mayor. Commissioner Gort: I'll second that motion, because one of the things we talked about in the new concept of the NET is to have the public input, and that's very important. Mayor Clark: All right. Commissioner Gort: Tile reason we have public hearings and special exceptions is to hear from the neighborhood, and see if they're in agreement with it. Mayor Clark: Cast a unanimous ballot on that issue. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-594 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PLANNING DEPARTMENT TO STUDY THE ISSUE OF A PROPOSED AMENDMENT TO ORDINANCE 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, WHICH WOULD ELIMINATE THE PROVISION THAT ALLOWS, BY SPECIAL EXCEPTION, ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET FOR LOTS WITH MORE THAN 5,000 SQUARE FEET. 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. Roiz: If I could have another comment. Again, Mr. Mayor, Jesus Roiz again. The understanding is that they have the right to ask; not the right to get. If they have the right to get, it could be then solved by Administrative decision. It wouldn't have to be a public hearing or a City Commission decision. 187 July 26, 1994 Commissioner Plummer: No, that's not totally correct, and let me answer this as I did to the other person... Mayor Clark: Let's don't get in an argument now. Commissioner Plummer: OK. Mayor Clark: That hearing is over with. Commissioner Plummer: I'm sorry. Vice Mayor Dawkins: He's entitled to his opinion, J.L. ---------------------------------------------------------------------------------------------------------------- 55. GRANT APPEAL -- REVERSE ZONING BOARD'S DENIAL OF REQUEST FOR VARIANCE FROM ORDINANCE 11000, THE ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO WAIVE 50 OF THE 76 REQUIRED OFFSTREET PARKING SPACES FOR A HEALTH CLINIC TO BE LOCATED AT 3090 S.W. 37 AVENUE. [Applicant / Appellant: Caleb Davis for Coconut Grove Family Health Center, Inc.] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Let's call the next item. Ms. Lourdes Slazyk: OK. The next item PZ-4. PZ-4... Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, did you address the motion on the floor? Mayor Clark: Yes. Vice Mayor Dawkins: It passed. Mayor Clark: Yes, sir, we did. Mr. Maxwell: Was it seconded and passed? Mr. Rodriguez: Yes. Mr. Maxwell: All right. Mayor Clark: That was unanimous on the motion by Mr. Gort. Vice Mayor Dawkins: That's the second one. The first one was passed. Mr. Maxwell: Yes. Vice Mayor Dawkins: And the second one was... Mr. Maxwell: Yes, I mean the second, the second motion. Vice Mayor Dawkins: It was passed unanimously, and the Mayor... Commissioner PIummer: It was unanimous ballot. Mr. Maxwell: All right. Commissioner Plummer: Yeah. Vice Mayor Dawkins: Unanimously. Mayor Clark: PZ-4, let's go. Ms. Slazyk: OK. Commissioner Gort: Mr. Mayor. Mayor Clark: I'm listening. Commissioner Gort: I have a question. On this item coming up, my wife owns a company that provides services to the Coconut Grove Health Center. Would that be a conflict of interest? Commissioner Plummer: Say what? Mayor Clark: I don't know. Commissioner Gort: My wife owns a company that provides services to the Coconut Grove Health Center. Mayor Clark: On this item? Commissioner Gort: On this item. r Mayor Clark: I would step out, for all practical purposes. Don't let anybody. Mr. Joel Maxwell (Assistant City Attorney): I'm sorry. Mayor Clark: His wife. Mr. Maxwell: Commissioner, are you asking whether or not there's a conflict of interest? r Mayor Clark: His wife provides services there. Commissioner Gort: Right. k Mr. Maxwell: This is a nonprofit organization. Is it not? Commissioner Gort: Yes. Mr. Maxwell: And your wife, what is her capacity? Commissioner Gort: No, no. She's a... provides professional services to the health center. Mr. Maxwell: She is paid? 189 July 26,1994 Commissioner Gort: Right. Mr. Maxwell: Yes, you should. Mayor Clark: I told you to get out. Commissioner Gort: OK. I wanted to... Mayor Clark: I told you, buddy. Commissioner Plummer: How would he benefit by... Mayor Clark: Whenever in doubt, punt. Let's go with this. Ms. Slazyk: OK. PZ-4 is an appeal of a variance, which was denied by the Zoning Board. Commissioner Plummer: How would he benefit financially by this? Ms. Slazyk: At the Zoning Board, there was a motion to approve the variance, and it failed by a vote of four to three, which constitutes a denial. Commissioner Plummer: As an employee, or provides services? Ms. Slazyk: The variance request is to waive fifty of the seventy-six required Off -Street parking spaces. The Planning, Building and Zoning Department's recommendation was for denial, based on the fact that there is no hardship to justify the requested variance, and during busy clinic hours, this could prove to have an adverse effect on the adjacent area. Commissioner Plummer: I don't even know where the fifty would be. Mayor Clark: All right. Your name for the record. Mr. Cal (phonetic) Davis: Yes. Good afternoon, Mr. Mayor and Commissioners. My name is Cal Davis. I'm the executive director of Coconut Grove Family Health Center. Mayor Clark: Do most of your patients come there by car, or do they walk to the... Mr. Davis: They come by both means. They... Some patients come by car, some patients come by public transportation, and some walk from the immediate community. Mayor Clark: We swore them in earlier. Everybody to be sworn, raise your right hand to be sworn by the clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: Let me ask you, how many patients do you have there, as a general rule? Commissioner Plummer: A whole lot. Mr. Davis: As a general rule, we have about nine thousand registered patients. Mayor Clark: How many a day do you have? 190 July 26, 1994 Mr. Davis: That's on an annualized basis. i i Mayor Clark: How many a day to you have there? Mr. Davis: Can a daily basis, we're averaging between one hundred and a hundred and twenty- five patients a day. i Mayor Clark: And your variance is concerning parking and parking only? Mr. Davis: Yes. Mayor Clark: You have how many spaces now? Mr. Davis: We have a permit from Metro -Dade Transit Agency at the Douglas Road Metrorail Station to lease us forty-four parking spaces. Mayor Clark: And how many are required. You don't have no parking on the site? Mr. Davis? We have twenty-six parking spaces, fenced in, in the back. The required amount is seventy. i Commissioner Plummer: How about if we move it with a one-year review? Mayor Clark: All right. Commissioner Plummer: I mean, is that... Mayor Clark: To be reviewed in a year. Commissioner Plummer: I mean, and it's not a profit -making company. Mr. Sergio Rodriguez (Assistant City Manager): Right. , Commissioner Plummer: They're providing a service to the community, and I would assume that a lot of their patients that I see walk from the Metrorail. I Mr. Davis: Yes. Commissioner Plummer: So as far as I'm concerned, let's do it with a one-year review. Mr. Rodriguez: May I suggest, it's one year review by the staff, to see if there is any problem with the parking, and then we bring it to the City Commission? Commissioner Plummer: That's fine. Mayor Clark: That's right. Commissioner Plummer: Whatever you think is fair. Mayor Clark: Is there a second? Moved by Mr. Plummer. Vice Mayor Dawkins: Second. 191 July 26, 1994 Mayor Clark: Call the roll. Mr. Maxwell: This would be a motion reversing the decision of the Zoning Board... Mayor Clark: All right. Mr. Maxwell: ... and granting the variance. Commissioner Plummer: That's exactly what I said. Mayor Clark: OK. Roll call. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-595 A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, OFF-STREET PARKING REQUIREMENTS TO WAIVE FIFTY (50) OF SEVENTY SIX (76) REQUIRED OFF-STREET PARKING SPACES FOR A HEALTH CLINIC TO BE LOCATED AT 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF); ZONED C-2 LIBERAL COMMERCIAL; PER PLANS ON FILE; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, j AND FURTHER SUBJECT TO A REVIEW BY THE DEPARTMENT OF i PLANNING, BUILDING AND ZONING ONE YEAR FROM THE DATE OF THIS RESOLUTION, AND SUBSEQUENT REVIEW BY THE CITY COMMISSION ONLY IF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING DETERMINES THAT A PROBLEM EXISTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: i AYES: Commissioner Victor De Yurre ! Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ABSTAINED: Commissioner Wifredo Gort Mr. Davis: Thank you, sir. Mayor Clark: Congratulations. f� 192 July 26, 1994 -r� Mr. Davis: Thank you. ---------------------------------------------------------------------------------------------------------------- 56. GRANT REQUEST FOR SPECIAL EXCEPTION FROM ORDINANCE 11000, ZONING ORDINANCE, ARTICLE 9, SECTION 934, COMMUNITY BASED RESIDENTIAL FACILITIES, CERTIFICATE OF USE NOT TRANSFERABLE, TO ALLOW CHANGE OF OWNERSHIP OF CERTIFICATE OF USE NO. 2141789 FOR PROPERTY AT 4491 S.W. 8 STREET, ZONED C-1 RESTRICTED COMMERCIAL - WITH A ONE YEAR REVIEW. [Applicant: Central Palace, Inc./Central Palace Residential, Inc.] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item. Ms. Lourdes Slazyk: All right. PZ-5 is a request for a special exception, which the ordinance requires City Commission approval. This is an order to change ownership and certificate of use for an existing community -based residential facility. This facility, in particular, is performing a vital function within the neighborhood, and has been operating as a good neighbor since its opening. There are no complaints about the facility. It's well maintained, compatible with the area, and beneficial to the community. We recommend approval as presented. Mayor Clark: Your name for the record, please. Mr. Eduardo Arango: My name is Eduardo Arango, Mr. Mayor and members of the City of Miami Commission. Commissioner Plummer: Have you been sworn in, sir? Mayor Clark: Yeah, they've been sworn. They've been sworn. Let me ask you a question. Do we have any objectors present on this item? Mr. Sergio Rodriguez (Assistant City Manager): Not that we're aware of. Mayor Clark: I'm going to close the public hearing. Commissioner Plummer: Is this and existing facility? Mr. Rodriguez: Yes, sir. Ms. Slazyk: Yes, it is. Our ordinance requires that they come before you if they're just going to change ownership, and that's what's happening now. Mayor Clark: All right. It's been moved by Mr. Plummer. Commissioner Plummer; Yeah. Can we put a one-year review on this? Ms. Slazyk: Yes, I guess. Mr. Rodriguez: Yeah. Mayor Clark: I don't think it's necessary. 193 July 26, 1994 Commissioner Plummer: Yeah. k Mr. Joel Maxwell (Assistant City Attorney): Yes, you can. Commissioner Plummer: Put a one-year review on this, also. Ms. Slazyk: Again, by staff? Commissioner Plummer: Mr. Mayor, the reason I'm asking that is, you know, we've got another application coming for another one of these facilities on Flagler and 38th Avenue. Mayor Clark: Yes. Commissioner Plummer: And I don't want this area to get over densely populated with these i kind of facilities, which would really hurt, could hurt a very... Mr. Arango: Mr. Plummer and Mr. Mayor, if I may address this point for a second. Mr. Plummer, this has been approved since 1987. It has been in existence since 1988. It covers thirty-three tenants that we have in there. It has a fantastic review by both of the Zoning Boards and the Planning... Commissioner Plummer: So you'll have no problem, sir, with a one-year review. Mr. Arango: No. What I'm trying to avoid, Mr. Plummer, if it's possible, to have to come back here. What we're doing, the only thing we're doing now is changing the owner. Everything else is going to remain the same. We have the same manager, the same staff, the same patients and their... Vice Mayor Dawkins: When you come back in a year, you wouldn't have no more problems than you have now. Commissioner Plummer: Excuse me. If you're not out of line, sir, you won't even be back. Ms. Slazyk: Right. Vice Mayor Dawkins: Yeah, he won't even be back. Ms. Slazyk: Right. The review... Commissioner Plummer: Only if you have, or create a problem, you will be back here in a year. If you don't, the staff will... Mayor Clark: There's a second to the item. Call the roll. 194 July 26, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-596 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT 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. 2141789 FOR THE PROPERTY LOCATED AT 4491 SOUTHWEST 8TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED C-1 RESTRICTED COMMERCIAL, AS PER PLANS ON FILE, SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND FURTHER SUBJECT TO A REVIEW BY THE DEPARTMENT OF PLANNING, BUILDING AND ZONING ONE YEAR FROM THE DATE OF THIS RESOLUTION, AND SUBSEQUENT REVIEW BY THE CITY COMMISSION ONLY IF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING DETERMINES THAT A PROBLEM EXISTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Clark: Next item. Thank you, Eddy. Mr. Arango: Thank you, gentlemen. ---------------------------------------------------------------------------------------------------------------- 57. AMEND PREVIOUSLY APPROVED DEVELOPMENT ORDER FOR PHASE I OF GRANT REQUEST TO BRICKELL SQUARE PROJECT, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, TO AMEND THE LEGAL DESCRIPTION OF SAID ORDER, SUBJECT TO CONDITIONS. [Applicant: Equitable Life Assurance Society of the United States] ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Where is Lucia Dougherty, with her big checkbook? Mr. Joe McManus: Mr. Mayor and members of the Commission, items PZ-6 and 7 are companion items, and what they are both concerned with is the Brickell Square Development of Regional Impact, which is shown on the illustration. And if you'll look on that, Brickell is to the left; Southwest 8th Street is to the north; Bayshore Drive is to the right, the very large tract. Only one building is on that tract now, which was phase one of Brickell Square, which is shaded in the light blue. That is phase one. Phases two and three are to the south of that, and are currently vacant. What the applicant is proposing is amending the Brickell Square phase one development order, and the Brickell Square phases two and three development order, first of all, to amend the legal description in both instances; and secondly, to amend Condition 21 of the Brickell Square phases two and three development order, to lift a requirement of unity of title. The purpose here on the part of the applicant is to be able, in the future, to divide and sell phases one, two and three separately. We have reviewed this, and we are supportive of these amendments. The Planning Advisory Board has reviewed these, and supported them. In the future, given the approval of the Commission, we intend to issue a letter qualifying this as a phase project; and further, we're requesting a condition that the applicants submit a covenant that would describe the division into phases one, two and three, in terms of the building, the parking, the open space, and the truck loading areas, so that the City is assured that in any future action, the buildings, essentially, can be free-standing, with all their support. I have received a letter from the Florida Department of Community Affairs, dated July 25th. Mayor Clark: We have a copy in front of us. Mr. McManus: And the Florida Department of Community Affairs is suggesting amending language. The Planning Department supports that amending language, and I understand the applicant supports it, too. Thank you. Mayor Clark: All right. For the record, Ms. Dougherty. Ms. Lucia Dougherty: Lucia Dougherty, with law offices at 1221 Brickell Avenue, here today representing Equitable Life Assurance Society. With me is Adrian Pardo, of my office, and Ron Mostriani (phonetic), and Bob Traurig. Mayor Clark: All right. Now, let me ask you this. Do you agree with everything that Mr. McManus just stated? Ms. Dougherty: Yes, sir. Mayor Clark: Absolutely? Do we need further testimony? Commissioner Plummer: Oh, yeah, Mr. Mayor. 196 i July 26,1994 Mayor Clark: Well, I figured that. Come on, let's go. Commissioner Plummer: Yes, sir. We have a need for playground equipment. Ms. Dougherty: Commissioner Plummer, my client would be privileged to be able to donate five thousand dollars to the City of Miami for their playground. Commissioner Plummer: Boy, you got a nice client. Ms. Dougherty: Thank you. Commissioner Plummer: And you volunteered that? Ms. Dougherty: Yes, sir. Commissioner Plummer: That's what I thought. Thank you, Mr. Mayor. Vice Mayor Dawkins: Mr. Mayor, I'm going to have to go on the record stating that covenants don't mean a thing in the City of Miami. Ever since I've been here, people give covenants, and they come back, and they get three votes, and they undo the covenants. One good example, Mr. Mayor, is Claughton Island. Another good example is Bayside. Bayside had a covenant that they would always retain black ownership. They came down here, and they got three votes on this Commission, and washed it out. So when you sit up here and tell me about covenants, it don't mean a thing, because unless you put in the covenant has to go before the electorate to be changed, it's not saying much, in my opinion. Mayor Clark: All right. With all of the covenants and the changes, Mr. McManus, are you satisfied with the DRI (Development of Regional Impact), the State of Florida Department of Community Affairs? Mr. McManus: Yes, Mr. Mayor. Mayor Clark: And you agree to all of these in writing? Ms. Dougherty: Yes, sir. Mayor Clark: Should they be read into the record? Do you have a record of it, Mr. Rodriguez? Mr. Rodriguez: Yes, sir. Mayor Clark: Any further discussion on the item necessary? Hearing none, give me a motion. Commissioner Gort: We don't have anyone in opposition? Mayor Clark: No. I asked for opposition earlier. I didn't see any. Commissioner Gort: OIL. Being none, I'll move it. Mayor Clark: All right. Subject to all of these conditions. Commissioner Gort: Subject to all the covenants and all the conditions set by the Planning Department. Mayor Clark: All right. Is there a second? Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-597 A RESOLUTION AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 83-695) FOR THE BRICKELL SQUARE PROJECT, PHASE 1, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA ,STATUTES, AND A MAJOR USE SPECIAL PERMIT, PURSUANT TO ZONING ORDINANCE NO. 9500, BY: AMENDING THE LEGAL DESCRIPTION OF PHASE I OF SAID ORDER TO SUBSTITUTE THE REVISED LEGAL DESCRIPTION CONTAINED HEREIN; FINDING AND CONFIRMING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL FINDINGS AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING THE TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. [NOTE: Although absent during roll call, Commissioner Plummer requested of the Clerk to be shown in agreement with the motion,] Ms. Dougherty: Thank you very much. Mayor Clark: Thank you. ---------------------------------------------------------------------------------------------------------------- 58. AMEND PREVIOUSLY APPROVED DEVELOPMENT ORDER (85-1060, AS AMENDED BY 89-410 AND 92-597) FOR THE BRICKELL SQUARE PROJECT, PHASES II AND II1, LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUE TO AMEND THE LEGAL DESCRIPTIONS AND TO DELETE UNITY OF TITLE REQUEST. [Applicant: Equitable Life Assurance Society of the United States] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Call the next item. Mr. Joel Maxwell (Assistant City Attorney): You need a vote on PZ... Mr. Sergio Rodriguez (Assistant City Manager): Seven Mr. Maxwell: ... Seven, as well. Mayor Clark: Same item. Commissioner Gort: Move. Mayor Clark: Sarre. Seconded by Mr. De Yurre. Same roll call. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-598 A RESOLUTION AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 85-1060, AS AMENDED BY RESOLUTION NOS. 89- 410 AND 92-597) FOR THE BRICKELL SQUARE PROJECT, PHASES I1 AND III, LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUE, MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES; AND A MAJOR USE SPECIAL PERMIT, PURSUANT TO ZONING ORDINANCE NO. 9500, BY: AMENDING THE LEGAL DESCRIPTIONS OF PHASES I1 AND III OF SAID ORDER TO SUBSTITUTE THE REVISED LEGAL DESCRIPTIONS CONTAINED HEREIN; AND TO DELETE CONDITION NO. 21 OF THE ORIGINAL DEVELOPMENT ORDER WHICH REQUIRED A UNITY OF TITLE; FINDING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL FINDINGS AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING THE TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .3uly 2fi, 1994 '--•, %ram Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. [NOTE: Although absent during roll call, Commissioner Plummer requested of the Clerk to be shown in agreement with the motion.] Mayor Clark: Thank you. ---------------------------------------------------------------------------------------------------------------- 39. GRANT SPECIAL EXCEPTION, AS SET FORTH IN ORDINANCE 11000, THE ZONING ORDINANCE, ARTICLE 9, SECTION 931(DRIVE-THROUGH AND DRIVE-IN ESTABLISHMENTS, CAR WASHES, REQUIREMENTS FOR RESERVOIR SPACES), TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES REQUIREMENT FOR PROPERTY LOCATED AT 3600 CORAL WAY. [Applicant: Universal Realty & Dev., Inc. / Checkers Drive -In Restaurant, Inc.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 8. Let's move it. 3600 Coral Way. Ms. Lourdes Slazyk: PZ-8. Yeah, PZ-8 and 9 are for 3600 Coral Way. PZ-8 is a special exception, which again, is the ordinance requires City Commission approval in order to reduce the number of reservoir spaces in a drive -through restaurant. PZ-9, which is a companion item, is another special exception, in order to allow cross access driveways with the neighboring property. Both of these items are recommended approval by the Planning, Building and Zoning Department. And at the Zoning Board, the motion to approve failed, constituting a denial on both of these. Mayor Clark: All right. Who's the applicant represented by? You? Ms. Amy Galloway: Yes, sir. Mayor Clark: Give us your name for the record. Ms. Galloway: My name is Amy Galloway of Gunser,Yoakley and Stewart (phonetic) and with co -counsel, Yolanda Cash Jackson, of Williams and Clyne. We're here today to represent Checkers on our second agenda item before you. As explained to you by staff, this is a special exception to reduce reservoir spaces for Checkers at 3600 Coral Way, and also for shared access 200 July 26, 1994 i way between the front two lots and the back two lots that comprise the entire parcel that fronts Coral Way. I have with me, as well, today, Clark Bridgeman, who is the regional permitting supervisor, and Bruce Arthur, who is the architect on the project, if you have any technical questions regarding the proposal. Mayor Clark: Are you in opposition, sir? i Mr. Sergio Rodriguez (Assistant City Manager): He's the architect. Mayor Clark: Are you in opposition? i Mr. Bruce Arthur: No, sir. Ms. Galloway: This is our architect. Commissioner Plummer: Well, let me ask this question. Presently, when I go to the restaurant next door, I go through this parking lot to get to their parking lot. Now, are you going to leave I that opening there? Ms. Galloway: When you say "go through this parking lot," do you mean... I Commissioner Plummer: When I come in from 36th Avenue. Mr. Rodriguez: Yes, right. Commissioner Plummer: OK? That's exactly the way I go presently. There's also another opening up to the north of there, that I go back out of. But my concern is, if you don't allow that, then, in fact, you're going to force it out onto Coral Way, which is a dangerous scenario. Mr. Rodriguez: That's why, Commissioner Plummer, you have PZ-9. That's the second special exception; to grant, specifically, that continuation from between one lot and the other. Commissioner Plummer: OK. Because I don't want an opening back up on the south side. Mayor Clark: All right. Mr. Rodriguez: Right. Mr. Mayor, there might be some people opposing this item in the audience in the back, I believe. Mayor Clark: Are they here? Commissioner Plummer: They're saying no. Ms. Galloway: No, sir. Actually, we've been able to resolve... Mr. Rodriguez: OK Ms. Galloway: This matter came up from the Zoning Board. Mr. Rodriguez: OK. Ms. Galloway: As you correctly point out, with the denial. And subsequent to the Zoning Board meeting on June 12th, we were able to sit down with the adjoining property owners and work out a resolution to their satisfaction. 201 July 26, 1994 i Mayor Clark: Very good. Very good. There's no opposition? I'm going to close the public hearing. 'What's the pleasure of the Commission? Commissioner Plummer: I'll move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. That's on PZ-8. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-599 A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A SPECIAL EXCEPTION AS SET FORTH IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9 SECTION 931, DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, SUBSECTION 931.2(d) DRIVE -THROUGH WINDOW FACILITIES FOR EATING AND DRINKING ESTABLISHMENTS: EIGHT (8) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES AS FOLLOWS: TWO (2) SPACES BEFORE EACH SERVICE WINDOW; ONE (1) SPACE AT EACH SERVICE WINDOW AND ONE (1) SPACE AFTER EACH SERVICE WINDOW FOR THE PROPERTY LOCATED AT 3600 CORAL WAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN); ZONED C-1 RESTRICTED COMMERCIAL, FOR LOTS 1 AND 2, AND ZONED R-2 TWO- FAMILY RESIDENTIAL FOR LOTS 31 AND 32, PER PLANS ON FILE; 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.) 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 202 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 60. GRANT APPEAL, REVERSE ZONING BOARD, AND GRANT SPECIAL EXCEPTION FROM ORDINANCE 11000, ZONING ORDINANCE, ARTICLE 9, SECTION 917, ("OFFSTREET PARKING REQUIREMENTS") TO COMBINE ACCESS WAYS FOR AN OFFSTREET PARKING FACILITY FOR PROPERTY LOCATED AT 3600 CORAL WAY, C-1 (RESTRICTED COMMERCIAL), WITH CONDITIONS. (Applicant: Gary Eidelstein for Universal Realty & Dev., Inc. / Robert Brown for Checkers Drive -In Restaurant, Inc.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: PZ-9. Commissioner Plummer: I move it. Mayor Clark: Is there a second? Commissioner Gort: Second, with the conditions set by the Department. Mayor Clark: Yes, sir. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-600 A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917, OFF-STREET PARKING REQUIREMENTS, GENERAL PROVISIONS, SUBSECTION 917.9, JOINT PARKING FACILITIES FOR CONTIGUOUS USES, TO COMBINE ACCESS WAYS FOR AN OFF-STREET PARKING FACILITY FOR THE PROPERTY LOCATED AT 3600 CORAL WAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBI T"A" ATTACHED HERETO AND INCORPORATED HEREIN); ZONED C-1 RESTRICTED COMMERCIAL FOR LOTS 1 AND 2 AND ZONED R-2 TWO- FAMILY RSIDENTIAL FOR LOTS 31 AND 32; PER PLANS ON FILE; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMI MUST BE OBTAINED. (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 f the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you, folks. Ms. Galloway: Thank you for your time. ------------------------------------------------------------------------------------------ ---------------------- 61. SECOND READING ORDINANCE: AMEND TEXT OF ORDINANCE 11000, ARTICLE 4, SECTION 401, TO REDUCE THE LOADING BERTH REQUIRED IN THE R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICTS. [Applicant: Planning, Building & Zoning Department] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: PZ-10. Commissioner Plummer: PZ-10. Mr. Joe McManus: Mr. Mayor and members of the Commission, PZ-10 is the second reading of an ordinance of a Planning Department proposal to decrease the requirement for truck loading docks in medium density residential districts. Commissioner Plummer: Only. Vice Mayor Dawkins: What's the recommendation of the staff? Mr. McManus: Approval. Mayor Clark: Do you vote it? Commissioner Plummer: OK. Mr. Dawkins, I had a concern here. My concern is that they must be, as I recall my request before, a minimum of a hundred feet off of the right-of-way. Mr. Sergio Rodriguez (Assistant City Manager): If I may, Commissioner. You mentioned that you wanted to be away from the right-of-way, and the language that we included was: "All residential loading berths shall be located away from the base building line of the proposed berth area at a distance equal to at least the length of the required loading berth." So if it is fifty-five feet, it will be fifty-five feet. If it is thirty feet, it will be thirty feet. 204 July 26, 1994 Commissioner Plummer: Is that adequate? Mr. Rodriguez: We believe so. a Mayor Clark: All right. : Commissioner Plummer: You know, my... Mayor Clark: Let me get a motion here. Commissioner Plummer: I'll move to approve, subject to discussion. Mayor Clark: All right. i Commissioner Gort: Second, for discussion. Mayor Clark: Discuss it. Commissioner Plummer: OK. Now, you know, my problem... Let's use the Coconut Grove Hotel. They have a loading dock over there. They never use it. And the reason they don't use it is you can't get to it. It's that close to the street. They can't back a truck. Every day when I come to City Hall or go home - and I'm sure my colleagues enjoy the same disruption - the trucks are out in the middle of the street, unloading out from the street. Mayor Clark: He's on every street and every alley. Commissioner Plummer: And what I'm saying is, is to get the things off of the street is the purpose of a loading dock. Mr. Rodriguez: Commissioner, exactly, because sometimes we say that you have to have the same distance of the loading berth between the loading berth and the property line, so that you will allow that truck to be there. Commissioner Plummer: OK. Commissioner Gort: Inside of the property. Commissioner Plummer: OK. That's fine. As long as... Mayor Clark: All right. There's a motion and a second. Call the roll. Mr. Joel Maxwell (Assistant City Attorney): I have to read the title of the ordinance. Mayor Clark: Call the roll. July 26, 1994 An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS" TO AMEND THE LOADING BERTH REQUIREMENTS IN THE R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICTS; 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 May 23, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11172. 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. ---------------------------------------------------------------------------------------------------------------- 62. FIRST READING ORDINANCE: AMEND 11000, ZONING ORDINANCE, ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS" - AMEND SECTION 932 "CHRISTMAS TREE SALES; HOLIDAY SALES" BY ALLOWING SALES OF CHRISTMAS TREES AND PUMPKINS BY CLASS I SPECIAL PERMIT IN COMMERCIAL / INDUSTRIAL / GOVERNMENT / INSTITUTIONAL / RESIDENTIAL DISTRICTS SUBJECT TO CERTAIN CONDITIONS. [Applicant: Planning, Building & Zoning Department) Mayor Clark: Next item. Mr. Joe McManus: Item PZ-11 is a first... Vice Mayor Dawkins: What's the recommendation of the... Mr. Sergio Rodriguez (Assistant City Manager): The recommendation for PZ-11 is approval. Commissioner Plummer: Yeah. All right. Second it. Let me ask this question. When you say "holiday sales," now, this Boys' Club doesn't come here looking for money. OK? Thanksgiving, they sell pumpkins. Will it allow that? Is that a holiday sale? - 206. July 26, 1994 Mr. Rodriguez: Right. Mr. McManus: It's very specific. Pumpkins... Mr. Rodriguez: Pumpkin sale. Mr. McManus: Right. Commissioner Plummer: Thank you. Mayor Clark: You supporting this? You supporting this, sir? Are you against it? Let's hear from you. Give us your name for the record. Mr. Don Deresz: Hi. My name is Don Deresz. My address is 1852 Southwest 24th Street. I'm an officer of the Silver Bluff Homeowners' Association. Mr. Mayor and Commissioners, how are you? Having helped create Ordinance 11000 a few years ago, we ask that you remove the need to sell Christmas trees and other holiday items, fireworks, pumpkins, etcetera, in residential areas, if you'd just remove that clause, in order to preserve the integrity of our neighborhoods. Thank you. Mayor Clark: Thank you, sir. All right. 'What's the pleasure of the Commission? Commissioner Plummer: I moved it. Mayor Clark: Is there a second? Commissioner Gort: It's been moved and seconded. Mayor Clark: OK. Second? _ Commissioner Gort: Seconded. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS," BY AMENDING SECTION 932 "CHRISTMAS TREE SALES; HOLIDAY SALES" BY ALLOWING SALES OF CHRISTMAS TREES AND PUMPKINS BY CLASS I SPECIAL PERMIT IN COMMERCIAL, INDUSTRIAL, GOVERNMENT AND INSTITUTIONAL. AND RESIDENTIAL DISTRICTS SUBJECT TO CERTAIN CONDITIONS; CONTAINING A REPEALER PROVISION AND A j SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. f ' i 207 July 26, 1994 i was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. i Vice Mayor Miller J. Dawkins NAYS: Mayor Stephen P. Clark ABSENT: Commissioner Victor De Yurre i 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. -- ------------------------------------------------------------------------------------------------------------- 63. DENY PROPOSED FIRST READING ORDINANCE WHICH SOUGHT TO AMEND ZONING ORDINANCE 11000, ARTICLE 4, TO ALLOW GARDEN, SERVICE AND CIVIC CLUBS, NOT FOR PROFIT, IN RESIDENTIAL DISTRICTS BY SPECIAL EXCEPTION ONLY AND SUBJECT TO CERTAIN CONDITIONS. [Applicant: Planning, Building & Zoning Department] -------r-------------------------------------------------------------------------------------------------------- Mayor Clark: Next item, PZ-12. Mr. Joe McManus: Item PZ-12 is a first reading ordinance proposal by the Planning Department to allow garden service and civic clubs not for profit in R-1, R-2, R-3, and R-4 districts, as a conditional principal use by special exception only, subject to certain conditions. And we're suggesting that there be conditions attached each time those are considered, which would include limiting to two meetings per month, four hours per meeting, and limiting the hours of those meetings, limiting those to two special events, fund-raisers, per year, and providing a minimum of one Off -Street parking space for every fifty square feet of assembly area. Mayor Clark: Mr. McManus, what are they allowed in now? What are they allowed in now? Commissioner Gort: They're not. Mr. McManus: They're not. Mayor Clark: All right. At least we got an answer. Mr. McManus: In this particular case. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I don't have a problem. Contrary to the previous item that we passed, the reason I was in favor of that, that's only to be used at certain dates. If we were to approve this, this would be year-round and would be a permanent allowment (sic)... Mayor Clark: That's right. 208 July 26, 1994 1 Commissioner Gort: ... within the residential area. I personally would not be in favor of this. Mayor Clark: You got a motion to deny it? Commissioner Gort: I move to deny it. Mayor Clark: Is there a second? Commissioner Plummer: Second. f Mayor Clark: Call the roll. { The following motion was introduced by Commissioner GoM who moved its adoption: MOTION NO.94-601 A MOTION TO DENY AGENDA ITEM NO. PZ-12 (PROPOSED FIRST READING ORDINANCE AMENDING ZONING ORDINANCE 11000, ARTICLE 4, TO ALLOW GARDEN, SERVICE AND CIVIC CLUBS (NOT FOR PROFIT) IN RESIDENTIAL DISTRICTS BY SPECIAL EXCEPTION ONLY AND SUBJECT TO CERTAIN CONDITIONS). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: ---------------------------------------------------------------------------------------------------------------- 64. FIRST READING ORDINANCE: AMEND 11000, ZONING ORDINANCE, ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS" TO ALLOW FEDERAL, STATE AND LOCAL GOVERNMENT OFFICES AS PERMITTED PRINCIPAL USE IN THE O-OFFICE DISTRICT, AND "STRUCTURES AND USES REQUIRED FOR PERFORMANCE OF GOVERNMENTAL FUNCTIONS" AS PERMITTED PRINCIPAL USE IN C-1 RESTRICTED COMMERCIAL DISTRICT; TO CHANGE EFFECT OF SD DISTRICT DESIGNATION FOR SD-1, SD-8, SD-11, AND SD-13, AND ADDING A SECTION DESCRIBING EFFECT OF SD-14 AND SD-14.1 DISTRICTS; TO CLARIFY APPLICATION ONLY TO RESIDENTIAL DISTRICTS IN SD-12; TO CORRECT INCORRECT REFERENCE IN SD-13; TO PERMIT DRIVE -THROUGH RESTAURANTS AS A CONDITIONAL PRINCIPAL USE BY SPECIAL EXCEPTION ONLY IN SD-16, SD-16.1 AND SD-16.2; TO INCREASE THE SIZE OF PERMITTED AWNINGS IN ARTICLE 9, SECTION 908.6; TO CONDITIONAL PERMIT TEMPORARY PARKING DURING CONSTRUCTION BY CLASS II SPECIAL PERMIT IN SECTION 927; BY DELETING ERRONEOUS LANGUAGE IN SECTION 1606.2; BY CLARIFYING TREATMENT OF SUBSTANTIAL AND NONSUBSTANTIAL CHANGES TO A MAJOR USE SPECIAL PERMIT IN SECTION 1706; BY DELETING ERRONEOUS LANGUAGE IN SECTION 1904.2; AND TO CORRECT AN INCORRECT REFERENCE IN THE INDEX. [Applicant: Planning, Building and Zoning Department] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item PZ-13. Mr. Joe McManus: PZ-13 is a first reading ordinance, which encompasses about ten different changes, which we would characterize as noncontroversial. Commissioner Plummer: Ha! Mr. McManus: Well, we went through a hearing with the Planning Advisory Board. They took out all the controversial items, and left this. Commissioner Plummer: It's on first reading. Mayor Clark: Joe, listen. Let's get down to the basics. What does it basically do? Mr. McManus: Well, as I say, it does about ten different things. For example... Vice Mayor Dawkins: Do you recommend the ten things that you've recommended? Mr. McManus: Yes. Vice Mayor Dawkins: I move it. Commissioner Plummer: And I would second, subject to you modifying to each Commissioner before the second hearing, what, in fact, they all do. Mayor Clark: Call the roll 210 V TTHIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC CORD, BY TITLE ONLY.] Mayor Clark: Let me say this. There is not a zoning ordinance in the United States, in any City, that's been amended as many times as this Zoning ordinance. It's almost a joke. If you read the original ordinance they came up with back in the '30s and see what we have today, there's no sense... Mayor Clark: Wait a minute, now. There's no sense to even have an ordinance. I mean, you've amended this thing so many times, it would take a Chinese lawyer with checkers to try to figure it out. Commissioner Plummer: Mr. Mayor, when we switched from the 9500 to the 11000, you should see the amount of money we spent to put all of these cockamamy things into this to be modified. Mayor Clark: Yeah. Well. Commissioner Plummer: I was around. Didn't like it then, I don't like it now. It was so simple... Mayor Clark: I'm not going to vote. Commissioner Plummer: You know, before, it was easy. You had R-1, 2, 3, 4, 5; you had C-1, 2,3,4,5and I. Mayor Clark: And uses in each one. Commissioner Plummer: And it was so easy. Mayor Clark: And now, they've got exceptional uses. Mr. Rodriguez: That's what we did now. I mean, when we changed it from the... When I came here in 1983, you had a new ordinance in effect that was very complex, and we lived with that for a while, and we changed it about three years ago. Commissioner Plummer: Let me tell you something. Mayor Clark: I came here in 1958, chairman of the Zoning and Planning Board. One board. And I could tell you, it was very simple then. People knew what to do and not to do, and we didn't have any violations in the City. Commissioner Plummer: I tell you. The public don't understand it, we don't understand it, and the Department don't understand it. Mayor Clark: No, it's crazy. dote on this. What's the vote on this? Commissioner Plummer: We voted it. Mr. Walter Foeman (Assistant City Clerk): We need to take a vote, Mr. Mayor. Commissioner Gort: Yeah, and it's first reading, and it's got to come back to us. Mr. Maxwell: There's a motion to approve on the floor. 211 July 26, 1994 I i { `F t Mayor Clark: Motion to approve. 4 Commissioner Plummer: On 14, I move to deny. I Mayor Clark: No, no. Mr. Maxwell: No, this is still 13. E Commissioner Plummer: Oh. Mayor Clark: Thirteen, we're on 13. Yeah. Vote. s Commissioner Plummer: We had the vote. Mr. Foeman: Roll call. Vice Mayor Dawkins. Vice Mayor Dawkins: We're voting to... Who made the motion? Commissioner Plummer: I did. Commissioner Gort: J.L. made the motion. Vice Mayor Dawkins: to do what? Commissioner Plummer: To approve it, subject to them coming around before the second reading and explaining it all, if they can. Mayor Clark: OK. Go ahead. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING: ARTICLE 4, SECTION 401, i, SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW FEDERAL, STATEAND LOCAL GOVERNMENT OFFICES AS A PERMITTED PRINCIPAL USE IN THE O-OFFICE DISTRICT, AND "STRUCTURES AND USES REQUIRED FOR PERFORMANCE OF A GOVERNMENTAL FUNCTION" AS A PERMITTTED PRINCIPAL USE IN THE C- 1. RESTRICTED COMMERCIAL DISTRICT; ARTICLE 6, TO CHANGE THE EFFECT OF THE SD DISTRICT DESIGNATION FOR SD-1, SD-8, SD-11 AND SD-13, AND ADDING A. SECTION DESCRIBING THE EFFECT OF T HE SD-14 AND SD-14.1 DISTRICTS; SD-12 OVERLAY DISTRICT, TO CLARIFY ITS APPLICATION ONLY TO RESIDENTIAL DISTRICTS; SD-13 DISTRICT, TO CORRECT AN INCORRECT REFERENCE; SD-16, SD-16.1 AND SD-16.2 DISTRICTS, TO PERMIT DRIVE -THROUGH RESTAURANTS AS A CONDITIONAL PRINCIPAL USE BY SPECIAL EXCEPTION ONLY; ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS," SECTION 908.6, TO INCREASE THE SIZE OF PERMITTED AWNINGS, AND SECTION 927, TO CONDITIONALLY PERMIT TEMPORARY PARKING DURING CONSTRUCTION BY CLASS II SPECIAL PERMIT; SECTION 1606.2, BY DELETING ERRONEOUS LANGUAGE; SECTION 1706, BY CLARIFYING THE TREATMENT OF SUBSTANTIAL AND NONSUBSTANTIAL CHANGES TO A MAJOR USE SPECIAL PERMIT; SECTION 1904.2, BY DELETING ERRONEOUS LANGUAGE; AND THE INDEX, TO CORRECT AN INCORRECT REFERENCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, was introduced by Vice Mayor Dawkins and seconded by Commissioner Plummer and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: Mayor Stephen P. Clark ABSENT: Commissioner Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 213 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 65. DENY PROPOSED FIRST READING ORDINANCE TO CLARIFY LANGUAGE REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY AND THREE -(QUARTER WAY HOUSES, SINGLE ROOM OCCUPANCY USES, ADULT CONGREGATE LIVING FACILITIES, BED AND BREAKFAST, FOSTER CARE HOMES, HOMELESS SHELTERS, LODGING HOUSES, ORPHANAGES. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 14. Commissioner Plummer: Mr. Mayor, on 14, 1 move to deny. This Commission went on record years ago that we would not have any more conglomerate living halfway houses until the rest of this County picked up their fair share. I see there's a homeless shelter to be removed from this proposed ordinance. The main one of five hundred beds has already been passed by this Commission, three fifty to five hundred, whatever it is. And, Mr. Mayor, this City cannot stand any more of these. Mayor Clark: What does this basically do, Joseph? Commissioner Plummer: Opens the City up. Mayor Clark: Yes, ma'am. Ms. Lourdes Slazyk: OK. The proposed amendment before you is to provide definitions and regulations for a lot of things that currently don't exist in the ordinance. For example, the ordinance doesn't address single room occupancy. At the moment, it's not even addressed. So a lot of these facilities are coming into the City as rooming houses, boarding houses, and under other names. By providing a definition for them, for the first time, and requiring special exception, we feel that we're going to be closing up a lot of the loopholes that exist today. Mayor Clark: All right. Motion by Plummer is to say no, right? Commissioner Plummer: Mr. Mayor, it's predicated on a long-standing policy of this commission, until other cities in this County pick up their fair share, we would allow no more. Vice Mayor Dawkins: What's your motion, J.L.? Commissioner Plummer: My motion is to deny. Vice Mayor Dawkins: I second. Mayor Clark: What's your station, lady? Ms. Sheila Anderson: My name is Sheila Anderson, Mr. Mayor, Commissioners. My address is 901 Northeast 2nd Avenue. I think that there is a trap in this, this section of the ordinance. By giving definition to some of these uses, you are, in effect, legitimizing them, putting them into the ordinance, and then saying... Mayor Clark: You're against, you're against the ordinance? 214 July 26, 1994 Ms. Anderson: Against, totally. Mayor Clark: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-602 A MOTION TO DENY AGENDA ITEM PZ-14 (PROPOSED FIRST READING ORDINANCE AMENDING ZONING ORDINANCE 11000, ARTICLE 4, TO CLARIFY LANGUAGE REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES, TO PERMIT FAMILY CARE HOMES IN RESIDENTIAL DISTRICTS; TO PERMIT HALFWAY AND THREE-QUARTER WAY HOUSES AND SINGLE ROOM OCCUPANCY USES CONDITIONALLY IN CERTAIN DISTRICTS). Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Mayor Clark: Thank you ma'am. Ms. Anderson: Thank you. Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark None. None. ---------------------------------------------------------------------------------------------------------------- 66. DISCUSS AND CONTINUE TO SEPTEMBER MEETING PROPOSED FIRST READING ORDINANCES: (1) TO AMEND MIAMI COMPREHENSIVE NEIGHBHORHOOD PLAN TEN-T, INTERPRETATION OF FUTURE LAND USE PLAN MAP SECTION OF THE GOALS, OBJECTIVES AND POLICIES OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-200, TO AMEND DEFINITION OF "RECREATION" WHEREBY CITY WOULD BE ALLOWED TO LOCATE CITY GOVERNMENT OFFICES AS PERMITTED USES WITHIN RECREATION LAND USE CATEGORY; AND (2) TO AMEND ZONING ORDINANCE 11000 TEXT' TO ALLOW CITY OF MIAMI ADMINISTRATIVE OFFICES AND CONFERENCE ACTIVITIES IN THE PR DISTRICT BY SPECIAL PERMIT. ----------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item. Commissioner Plummer: Fifteen. Mayor Clark: Fifteen. 215 July 26, 1994 Commissioner Plummer: What is 15? DDA. Mr. Joe McManus: Items PZ-15 and PZ-16... Commissioner Plummer: Move 15. Mr. McManus:... are essentially companions. Mayor Clark: All right. Moved by Plummer. Is there a second on 15? Vice Mayor Dawkins: He wants to be heard. Mayor Clark: All right. On item 15, yes, sir. Mr. Don Deresz: Don Deresz, 1852 Southwest 24th Street, Miami. The goals of the Silver Bluff Homeowners' Association are to assure healthy surroundings of our neighborhood, and improve the quality of life in this great City of Miami. The Miami Comprehensive Neighborhood Plan's present definition of "recreation" attempts to maintain a good quality of life. The State of Florida Department of Community Affairs regulations attempt to improve our quality of life by requiring recreational space for our citizens and their children, a place of leisure. This proposed ordinance takes away this space. We should be seeking more recreational space and facilities, to make our City appealing; not taking away, not adding to parking problems near recreational facilities, and lack of open activity buildings. I suggest that government offices be found in needed areas, such as Overtown, blighted storefronts on Coral Way, and place them near mass transit facilities. Retain the present recreational space, find more for our increasing population, and put City offices in areas zoned for office. Thank you. Mayor Clark: All right. What's the pleasure of the Commission? Are you speaking on this, ma'am? Ms. Joyce Nelson: Yes,1 am. Mayor Clark: Give us your name. Ms. Nelson: Joyce Nelson, 2535 Managua Avenue, president of the Coconut Grove Civic Club. Mayor Clark: We didn't recognize you with that umbrella you have on. Ms. Nelson: Umbrella? It's hot out. With this ordinance, you're amending the definition of "recreation" to permit government offices... Mayor Clark: Let me ask you, Joyce, are you against this item? Ms. Nelson: Yes. Mayor Clark: Motion to... Commissioner Plummer: Well, Mr. Mayor, I'm not so much hep on this one for recreation, or for... What this really comes about for, Mr. Mayor, was to allow the DDA (Downtown Development Authority) to go into the space at Bayfront Park, which, right now, that space is not being used. What, unfortunately, this does is rad... change the ordinance for every parcel, where the only thing we were trying to accomplish was that in Bayfront Park, which would have been a beautiful facility for a City office in a park, that today is nothing but storage... 216 July 26, 1994 Mayor Clark: Well, let them file for a variation on their own, rather than trying to mess up the whole ordinance. Commissioner Plummer: I don't think we can. That's what I was told. Mr. Sergio Rodriguez (Assistant City Manager): No, no. No. You cannot make an exception for a particular piece in the City. If you have a comp. plan amendment, comprehensive plan amendment, you have to apply to every category that has the same designation... Mayor Clark: Well, you open the City up to... Commissioner Plummer: Can we do it subject to conditional use? Mr. Rodriguez: You could in the Zoning part of it, not in the comprehensive plan. And the i other point that I would like to make is that... i Commissioner Plummer: Well, you know what we're trying to accomplish. I mean, why don't you help us here. Mr. Rodriguez: Yeah. The other point that I would like to make is... The other point that I would like to make is that, also, this will allow NET (Neighborhood Enhancement Teams) offices to be permitted in the parks, officially and legally. Mayor Clark: Passing this, that's what would happen. That's what could happen. Commissioner Plummer: Well, they're already there, Mr. Mayor, in many cases. The one in Coconut Grove is at the Glass House. Mr. Joel Maxwell (Assistant City Attorney): You would be ratifying that. Mr. Rodriguez: You would be ratifying that action. Mayor Clark: You can't, you just can't open the whole thing up like that, though. This might just wreck the... Commissioner Plummer: Is there any way that we can do it by virtue of allowing... Vice Mayor Dawkins: I move to deny, and bring it back in September when everybody has got clearer understanding. Commissioner Plummer: If there's a way. Commissioner Gort: Why don't you defer, and bring it back in September. Mr. Rodriguez: You want to defer? Vice Mayor Dawkins: Yeah. Defer it, and come back in September. Mr. Rodriguez: Continue this item until September. Mayor Clark: And 16. Commissioner Plummer: All right. July 26, 1994 i i j Commissioner Gort: Defer and come back with more specifics. f Mayor Clark: And 16, both of them. Vice Mayor Dawkins: I so move. Mayor Clark: Cast a unanimous ballot. Commissioner Plummer: How does 16 differ from 15? Mr. Rodriguez: Sixteen is the change of Zoning ordinance, and in the Zoning ordinance, what it will do is that it will require a special exception before any of the - with a hearing - before any of these uses are permitted. Commissioner Plummer: Mr. Rodriguez, when you bring it back, sir. I think you know what we were trying to accomplish. If there is any way humanly possible to do that, I'm not in favor of taking up other park space. Mr. Maxwell: The item before you, in fact, does address those concerns, Commissioner Plummer. Mayor Clark: All right. Please, just a moment, please now. Mr. Dawkins, you have the floor. Vice Mayor Dawkins: No, no, I'm waiting for... What are you going to do with 15? Mayor Clark: Defer. Commissioner Plummer: Well, we're going to defer 15... Vice Mayor Dawkins: Sixteen. Commissioner Plummer:.., and 16. Hopefully, they can find a way to do it. Vice Mayor Dawkins: Both, all right. I have... OK. L 1 a 218: • July 26, 1994 Mayor Clark: Thank you. THEREUPON, ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER GORT, ITEMS PZ-15 AND PZ-16 WERE CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 67. REFER TO MANAGER BAYSIDE T-SHIRTS' PROPOSED EVICTION FROM BAYSIDE SHOPPING CENTER -- REQUEST BAYSIDE REPRESENTATIVE TO ATTEND NEXT COMMISSION MEETING TO DISCUSS MINORITY PARTICIPATION PROGRAM -- URGE MANAGER NOT TO EVICT AND TO TRY TO WORKOUT PROBLEMS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: OK. I have two pocket items. Mayor Clark: Give us the pockets. Let's hear it. Thank you. Vice Mayor Dawkins: I have a lady who has a complaint, and when she gets to the mike, I'd like for all of my colleagues to hear this. Mayor Clark: It's going to be short, right? Vice Mayor Dawkins: Yes. J.L. Plummer? Commissioner Plummer: What? Vice Mayor Dawkins: You need to hear this. Commissioner Plummer: So I'm listening. Vice Mayor Dawkins: This lady came to see me to say that she was not getting a fair deal at Bayside. Commissioner Plummer: And she's also been to my office. Vice Mayor Dawkins: I explained to her that we could not give her any legal advice. We could listen to her, but if she wanted legal advice, she'd have to get an attorney, because we could not be out on the limb. She's here to state her case. Mayor Clark: I've heard her case. You have to. Everybody has. 219 July 26, 1994 Vice Mayor Dawkins: OK. All right. Well, the Mayor... Mayor Clark: I think... Vice Mayor Dawkins: OK. Well, you want to recommend it to the Mayor - the Manager? Commissioner Gort: Mr... Mayor Clark: Yeah. Commissioner Gort: Mr. Dawkins, I've had a similar problem before, and I instructed the individual to send me a letter, and I contacted the management, and it was worked out. I asked that the individual do the same thing. I received a letter of her complaints yesterday. I have not had a chance to sit down with the people from Bayside and talk to them. Now, in the past, we have been able to work it out that way. It's up to you... Vice Mayor Dawkins: So what are you saying then? Let her, and the manager at Bayside sit down and try to work it out? Ms. Panzegna: I'm not... Excuse me. Vice Mayor Dawkins: Wait a minute. Wait a minute. Commissioner Gort: She wants to be heard. Vice Mayor Dawkins: Wait a minute. Commissioner Gort: Commissioner, she wants to be heard and... Vice Mayor Dawkins: No, but why she wants to be heard is she is being evicted today? Ms. Panzegna: Yes. Vice Mayor Dawkins: If they're going to let her stay there until we can work this out, then, you know... Commissioner Gort: Well, I was not told she was being evicted today. Vice Mayor Dawkins: She is being evicted. Yeah, she is. Commissioner Plummer: That's the problem. Ms. Panzegna: Yes. Commissioner Gort: Oh, OK. That's different, then. OK. Vice Mayor Dawkins: Yeah, uh-huh. Yeah, we got a letter where she is being evicted today. Mayor Clark: Well, let me ask you. By us hearing this, what can we do today? Vice Mayor Dawkins: Nothing but ask them not to evict her until they can sit down. Mayor Clark: We don't have a problem. Let's make a motion. 220 July 26, 1994 Vice Mayor Dawkins: I make a motion that they do not evict her, and that they sit down with her, and the Manager ,and Bayside, and try to work this out, and the Manager come back to us with a recommendation. Mayor Clark: Is there a second? Commissioner Plummer: We can ask that. I don't think... Vice Mayor Dawkins: I said "ask." Commissioner Plummer: Yeah. I second the motion, without question. Vice Mayor Dawkins: See, that's what I tried to tell you and... when I started out. This Commission can make no demands on Bayside. OK? We can only request of Bayside. Ms. Panzegna: May I speak? May I speak, please. Vice Mayor Dawkins: Yes, ma'am. Ms. Panzegna: Honorable Mayor and City Commissioners, I'm not here on... just on behalf of myself. I am here on the minority participation agreement between the City of Miami and Bayside Limited Partnership. I'm not here to discuss Bayside T-Shirt at all today. I know, the City Manager told me yesterday, that I have to take my own attornev to work that matter out. I am here, the owner of Bayside T-Shirts, to ask the City of Miami to investigate the agreement between the City of Miami and Bayside Limited Partnership. I'm going to show you how Bayside Limited Partnership is violating that agreement made with you. Mayor Clark: That's not going to help any. Vice Mayor Dawkins: That's not going to help your case any. I'm trying to tell you how we can help you, and let's get with the Manager... Ms. Panzegna: It's not just me. It's the program. Vice Mayor Dawkins: See, I'm interested in you. The program didn't come here, see? That's what I'm trying to... I'm trying to help you, and if I help you, I can help somebody after you, and I can help somebody else. I cannot take all of the problems of Bayside, and lump them in here, and try to solve them. Ms. Panzegna: OK. You're not interested in what's happening with the program that you... Vice Mayor Dawkins: Yes. I know. I'm the one who told everybody not to go to Bayside. I do know what Bayside is doing. I'm the one who watched every black get kicked out of Bayside. I do know what's happening at Bayside. Ms. Panzegna: But you have... You have a lease agreement with the minority participation... Vice Mayor Dawkins: We have a lease agreement with Bays... OK. We recommend that you sit down with the Manager, that they do not... Ms. Panzegna: I have been trying to do that since 1990. Mr. Odio: Whoa, whoa. Now, see, now, that's where you lost me. I met with you twice already this week. 221 July 26, 1994 Ms. Panzegna: No, you have not met with me at all. I met with you once on July lath. Mr. Odio: Oh, I'm sorry, I'm sorry, you lost me, because I don't know who I met with. Your ghost? Ms. Panzegna: No. You met with me on July 11th, City Manager. Mr. Odio: I met with you yesterday, ma'am. Ms. Panzegna: No, no. I was here trying to get the Commissioners, and you told me you could not meet with me, and you could not talk with me. Vice Mayor Dawkins: OK. We're going to recommend... I move that this be referred to the Manager, and that she sit down with the Manager and Bayside, and try to work it out, and that we ask Bayside not to evict her until we can come to an ending on this. Mayor Clark: Yeah, absolutely. Mr. Odio: For the record, I... When she talked to me yesterday, or whoever it was who talked to me yesterday, I talked to Raul Tercilla at Bayside. I said, "What is the meaning of this letter?" And he said to me, "I have..." Vice Mayor Dawkins: No, no, no. No, no, don't discuss that with us. Let's... You discuss that with them and them. Mr. Odio: OK. She is not being evicted today. Vice Mayor Dawkins: Yes, she is. Mr. Odio: She has thirty days to... Ms. Panzegna: It does not say that in the letter that was delivered to me. Vice Mayor Dawkins: That's right. It does not. Mayor Clark: Please, now, let's... Vice Mayor Dawkins: It does not. It does not say that. Mayor Clark: The motion is... Mr. Odio: She has thirty days from today to correct her problem with Bayside. Ms. Panzegna: How am I going to complete something in... Vice Mayor Dawkins: OK. Fine. Ms. Panzegna: ... thirty days that I couldn't do since 1990? Mayor Clark: Ma'am, you lost me. 222 July 26, 1994 I Vice Mayor Dawkins: OK. OK. All right. I got one more pocket item here. Ms. Panzegna: I have three requests that I would like to have the board hear. Vice Mayor Dawkins: No, ma'am. Give them to the Manager. Take them up with the Manager. Commissioner Plummer: Well, Mr. Dawkins, would it not be... i Ms. Panzegna: I have been trying since... Commissioner Plummer: Can I finish? Ms. Panzegna: Yes, sir. Commissioner Plummer: Thank you. Commissioner Plummer: Would it not be proper that we tell Bayside that we would like them to be here at the next Commission meeting to talk about the minority program? Ms. Panzegna: Yes. Vice Mayor Dawkins: Yes, by all means. Commissioner Plummer: I think that's in order. OK? Vice Mayor Dawkins: Oh, by all means. Commissioner Plummer: And I think that Bayside... Vice Mayor Dawkins: But in the meantime, J.L., Iet's make sure that she is cured, so that she will be there to come back here at the next meeting. Mr. Odio: She was also notified two days ago that we have a meeting set up with the Bayside people this coming week, with her and Raul Tercilla... Ms. Panzegna: I'm very glad you brought that up, sir, because the meeting was confirmed for Thursday, and I got another... I got eviction notice on Monday morning, and the meeting was cancelled until next Tuesday. Mr. Odio: That's correct. It's next Tuesday. And you will be able to... Ms. Panzegna: Right. And I was being as of today at five -thirty. Mr. Odio: You have thirty days to correct your problem. Ms. Panzegna: It does not say that in the eviction notice. Vice Mayor Dawkins: Excuse me. OK. Well, we will... We're going to work on that. OK. We're going to work on it. That's all we can do. Mayor Clark: Ma'am, you're not helping your position. Will you please be quiet for a moment or so? Ms. Panzegna: OK, sir. 223 July 26,1994 Commissioner Plummer: You got a thirty -day reprieve. Vice Mayor Dawkins: And within the thirty days, we're going to try to work it out with you and them. END OF DISCUSSION - NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 4 68. DISCUSSION CONCERNING THE CITY'S GARBAGE CONTRACT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What's the other item you had, Mr. Dawkins? Vice Mayor Dawkins: OK. Are you people from the... Are you people from the garbage? r Unidentified Speaker: Yes. Vice Mayor Dawkins: Would one of you come up to... Whichever one of you want to speak, come to the mike, please. All right. What's the problem. I mean, what do you... They asked me to be heard after five o'clock, and I just... Mayor Clark: Give us your name, please. Vice Mayor Dawkins: Go ahead, sir. Mr. Isaac Taylor: Yes. I just was concerned about our job, the program, what's supposed to be going on this evening at five o'clock. But y'all... I understood that y'all came here this morning. Vice Mayor Dawkins: OK. Well, I think - and I speak for the Commission - the Commission has authorized the Manager to attempt to find a solution to save everybody's job. Now, I've said to you, I've said to Peter Geoffrey, who does not understand it - I don't know why Pete does not understand it - there cannot be any negotiations with anybody, because there is no union contract, there is no union agreement, there is no work agreement. What date does the agreement expire, Mr. Manager? Mr. Cesar Odio (City Manager): September 30th. Vice Mayor Dawkins: And if the Manager does not renew some kind of a working agreement with the present people there, you don't... they do not have a job. But nobody over there seems to understand that. They seem to think that one fellow over there is the savior, he can move the world. Pete says he can move it, and y'all listening to Pete. Pete stays right there with him. You got another guy saying he's going to bring in another union, and save everything. But the Manager has authorization from these five members to solve this problem, and nobody up her.. wants anybody to lose their jobs, but we want everybody to work witri the Manager for Ve betterment of the City of Miami. Mayor Clark: That's it. Vice Mayor Dawkins: That's it. 224 July 26, 1994 i i i Mr. Taylor: OK. Thank you. Vice Mayor Dawkins: All right, mm-hmm. OK. Mayor Clark: All right. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 69. BRIEF DISCUSSION CONCERNING THE CELEBRATION VESSEL. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, can I bring up two items? Mayor Clark: No, it's too late. Commissioner Plummer: Mr. Manager, we spoke here about the boat, the Celebration. We asked that a space be given - the Celebration - that a space be given, and I was told at the time that it had to be with the approval of Bayside. Now, subsequently, I've received a memo that says that that's not correct, that it doesn't need Bayside's approval. I'm asking, sir, what has been done to provide a space availability for that vessel? Mr. Cesar Odio (City Manager): That's not what you passed. You didn't do anything. You didn't resolve anything with him. Commissioner Plummer: No, sir. We did. Mr. Odio: No. I think you better get a transcript of that, of that discussion. There was no resolution taken on that item, on the Celebration. Commissioner Plummer: What, I remember was that it was subject to a space availability, and being subject to Bayside. Dawkins, how do you remember it? Mayor Clark: I don't remember that. Mr. Odio: I'Il have to look at the transcript. Vice Mayor Dawkins: Wait, well, wait. That was the agreement. Just a minute. Commissioner Plummer: All right. Let me ask... Mr. Odio: You didn't vote on it. END OF DISCUSSION -- NO ACTION TAKEN 225 July 26,1994 ---------------------------------------------------------------------------------------------------------------- 70. COMMISSIONER PLUMMER COMMENDS POLICE OFFICERS IN CONNECTION WITH RECENT INCIDENT IN HIS NEIGHBORHOOD. ------------------------------------ ---------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, if I just can put on the record, please. We had a very unfortunate scenario, situation, Mr. Manager, in our neighborhood, and I would like to commend the following people of the Police Department: Detective Luis Quesada, Major Miguel Esposito, Officer Gordon Wing, Officer Alter Williams, for a job that brought about a quick solution to this problem that happened in our neighborhood. And I would like that the Manager take note and commend these officers for what they did in this particular case, of which he is aware. Thank you, Mr. Mayor. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 71. DESIGNATE ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS; APPOINT CERTIFICATION COMMITTEE; APPROVE MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE; APPOINT REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Wait a minute. I've been asked by the Administration, could we revisit items number 40 and 41. This was in reference, Victor, to your scenario, in reference to the... Mr. Wally Lee: Architectural Commissioner Plummer:... outside people being involved. The Administration is bringing forth a problem that... Commissioner De Yurre: Good. And it's something that I still want to pursue at a future date. Commissioner Plummer: I agree. Commissioner De Yurre: I just don't want to hold up this process. Commissioner Plummer: This case here. All right. Commissioner De Yurre: So I'll move 40 at this time. Commissioner Plummer: One was for the approval of architects, and one for engineers. Commissioner De Yurre: (Inaudible.) Commissioner Plummer: All right. But, Mr. Manager, in releasing these items today, you understand that in the future, we want it to come back the other way. 226 July 26, 1994 Commissioner Gort: You get additional free help from professionals. Commissioner Plummer: Well, the problem existing, though, Willy, is, if they become a part of the committee, then they are exempt or excluded from being a part of receiving a bid. I move item 40 first. Mayor Clark: Is there a second? Commissioner De Yurre: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-603 A RESOLUTION DESIGNATING ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) 1 QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS j THAN SIX (6) MEMBERS; AND APPOINTING A REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. f (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 227 July 26, 1994 ---------------------------------------------------------------------------------------------------------------- 72. DESIGNATE ENGINEERING SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 1996 AS CATEGORY "B" PROJECTS; APPOINT CERTIFICATION COMMITTEE; APPROVE MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE; AND APPOINT A REPRESENTATIVE OF DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. ----------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 41. Commissioner. De Yurre: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-604 A RESOLUTION DESIGNATING ENGINEERING SERVICES FOR CITY OF MIAMI PROJECTS - 1995 AND 19996 AS CATEGORY "B" PROJECTS; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING A REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC WORKS AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Plummer: Thank you, sir. Commissioner De Yurre: Goodnight. 228 July 26, 1994 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 73. BRIEF DISCUSSION CONCERNING PUBLIC HEARINGS ON THE CITY'S FY 1994-95 BUDGET -- SET SEPTEMBER 8 .AND 22, 1994, AS DATES OF PUBLIC HEARINGS ON THE BUDGET. -------------------------------------------- ------------------------------------------------------------------- Commissioner Plummer: When are we going... When is our next... Excuse me, Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: Have we talked about... Mr. Manager, and to my colleagues... Mr. Cesar Odio (City Manager): September 8th. Mayor Clark: Listen, listen, hold it, hold it. Commissioner Plummer: Willy. Commissioner Gort: Yeah. Commissioner Plummer: My understanding is, from my friend, that the dates that are available I to this City for budget hearings are minimal, because of. the Jewish holidays, those dates taken up by the County, and those dates taken up by the School Board. I think I was told that there was a window of like about four to five days available for cities to hold their hearings. Mr. Odio: September 8th. Commissioner Plummer: Well, I think we should cstabIish that now. i Mr. Odio: You did. Commissioner Plummer: We've already established that. A. Quinn Jones, III, Esq. (City Attorney): It was passed on the millage... Mayor Clark: Yeah, we passed it. Commissioner Plummer: All right, sir. Mayor Clark: Now, when's the first Commission meeting, what date is that? f Mr. Odio: September 8th. Mayor Clark: September the 8th? Mr. Jones: Right. Commissioner Plummer: But the public hearing has to be five-o-five and after. OK? So we don't really meet again until September the 8th; is that correct. Mr. Odio: Thank god. 229 July 26,1994 f 6 Commissioner Plummer: Thank god is right. Mayor Clark: Not unless we have a hurricane. Commissioner Plummer: Yeah. END OF DISCUSSION « NO ACTION TAKEN THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:40 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK i Walter J. Foeman �Y OF ASSISTANT CITY CLERK G� 4 INcoao ORATED �t IB 96 j j i f i 1 230 July 26,1994