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Home My WebLink AboutCC 1992-05-28 Minutes(;I1MIAMI .�'r "r �� it �• r i . ... . . . . OF MEETING HEW ON MAY 28, 1992 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk 11 INDEX MINUTES OF REGULAR MEETING MAY 28, 1992 ITEM SUBJECT NO. 1. (A) DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION MAKING A LEGISLATIVE FINDING THAT THE CENTER FOR HEALTH TECHNOLOGIES, INC. WILL BE IMPLEMENTING A PROJECT OF GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE / DEVELOPMENT OF CITY -OWNED PROPERTY (MUNICIPAL JUSTICE BUILDING, 1145 N.W. 11 STREET), AND IS THEREFORE EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS -- DIRECT CITY ATTORNEY TO CLEAN UP PROPOSED AGREEMENT LANGUAGE TO GRANT THE CENTER A 5-YEAR LEASE (See label 15). (B) DIRECT CITY ATTORNEY TO EITHER: (a) COLLECT FROM METRO DADE COUNTY RENT OWED TO THE CITY FOR USE OF SPACE OCCUPIED BY THE COUNTY JAIL AT THE MUNICIPAL JUSTICE BUILDING, OR (b) TAKE STEPS TO EVICT THE COUNTY FOR NON- PAYMENT OF RENT. LEGISLATION PAGE NO. M 92-343 2-20 DISCUSSION 5/28/92 2. DISCUSS AND TABLE REQUEST BY GARCES DISCUSSION COMMERCIAL COLLEGE TO CHANGE REPAYMENT 5/28/92 TERMS OF ITS $300,000 LOAN OBLIGATION (See label 17). 3. REAFFIRM TO METRO DADE COUNTY THE R 92-344 CITY'S OFFER OF A CITY -OWNED PARCEL OF 5/28/92 LAND (IN VIRGINIA KEY) FOR USE IN CONNECTION WITH THE LIPTON INTERNATIONAL PLAYERS CHAMPIONSHIP, TO ESTABLISH THE INTERNATIONAL TENNIS CENTER, IN THE EVENT DADE COUNTY FAILS TO CONSTRUCT THE TENNIS CENTER AT ITS PRESENT LOCATION ON KEY BISCAYNE. 4. EXPRESS INTENT OF CITY COMMISSION THAT R 92-345 ALL COMMISSION APPOINTMENTS TO BOARDS, 5/28/92 COMMITTEES, AGENCIES, TRUSTS, ETC., WHICH REPRESENT THE FULL COMMISSION, SHALL BE AFFIRMED BY THE COMMISSION. 5. APPROVE FISCAL YEAR 1991-92 BUDGET FOR R 92-346 SOUTHEAST OVERTOWN / PARK WEST 5/28/92 REDEVELOPMENT DISTRICT TAX INCREMENT TRUST FUND -- INSTRUCT MANAGER TO SEEK METRO DADE COUNTY'S APPROVAL OF SAID BUDGET. 21-29 29-33 33-34 35 E El 6. ACCEPT BIDS: (a) J. BALSERA SCHOOL BUS R 92-347 36-39 SERVICE, AND (b) MANOLO SCHOOL BUS 5/28/92 SERVICE -- FOR FURNISHING BUS TRANSPORTATION FOR THE 1992 RECREATION SUMMER PROGRAM (Parks and Recreation Department). 7. (A) DIRECT ADMINISTRATION TO DRAFT A R 92-348 39-45 REQUEST FOR PROPOSALS (RFP) FOR 5/28/92 PROFESSIONAL SERVICES FOR THE OPERATION AND MANAGEMENT OF THE BELAFONTE TACOLCY CENTER, INC. (8) STIPULATE THAT CITY OF MIAMI WILL PARTICIPATE AND FUND THE BELAFONTE TACOLCY SUMMER YOUTH PROGRAM ON A FIFTY-FIFTY BASIS WITH METROPOLITAN DADE COUNTY (monies to be allocated from the Law Enforcement Trust Fund). 8. AUTHORIZE FUNDING OF DOWNTOWN MIAMI R 92-349 45-47 INFORMATION OFFICERS PROGRAM -- 5/28/92 ALLOCATE $20,000 (Law Enforcement Trust Fund) . 9. DISCUSS AND DEFER PROPOSED RESOLUTION DISCUSSION 47-49 TO APPOINT INDIVIDUAL AS CITY 5/28/92 REPRESENTATIVE TO METRO DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE. 10. URGE GOVERNOR LAWTON CHILES TO CONSIDER R 92-350 49-51 NOT ONLY THE INTERESTS OF ONE SEGMENT 5/28/92 OF THE STATE (SCHOOL SYSTEM) BUT THE NEEDS OF ALL CITIES IN SOUTH FLORIDA IN CONNECTION WITH HIS PRESENT TAX PROPOSAL. 11. REFER TO STREET CODESIGNATION REVIEW M 92-351 51-54 COMMITTEE REQUEST BY MS. LESLIE COOPER, 5/28/92 PRINCIPAL OF ST. FRANCIS XAVIER SCHOOL, TO CODESIGNATE A PORTION OF N.W. 4 AVENUE AS: ST. FRANCIS XAVIER AVENUE. 12. GRANT REQUEST BY MIAMI HERALD R 92-352 54-57 PUBLISHING COMPANY FOR CITY OF MIAMI 5/28/92 COSPONSORSHIP OF THE POPS BY THE BAY CONCERT -- GRANT FEE WAIVER FOR USE OF MIAMI MARINE STADIUM. 13. AUTHORIZE COMMITMENT OF FUNDS IN R 92-353 57-59 SUPPORT OF THE AGAPE PROGRAM OF THE 5/28/92 SOUTH FLORIDA JAIL MINISTRIES -- ALLOCATE $25,000 (Law Enforcement Trust Fund) . 14. DISCUSSION CONCERNING CODE VIOLATIONS DISCUSSION 59-60 THROUGH PLACEMENT OF ILLEGAL SIGNS 5/28/92 ALONG CORAL WAY. 0 0 15. (Continued Discussion) MAKE LEGISLATIVE R 92-354 FINDING THAT THE CENTER FOR HEALTH 5/28/92 TECHNOLOGIES, INC. WILL BE IMPLEMENTING A PROJECT OF GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE / DEVELOPMENT OF CITY -OWNED PROPERTY (MUNICIPAL JUSTICE BUILDING, 1145 N.W. 11 STREET) AND IS THEREFORE EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS (See label 1). 16. DISCUSS AND CONTINUE (TO JUNE 11TH DISCUSSION MEETING) PROPOSED RESOLUTION CONCERNING 5/28/92 THE LANDSCAPING BEAUTIFICATION MASTER PLAN AT BISCAYNE BOULEVARD (BETWEEN N.E. 48 AND 87 STREETS). 17. (Continued Discussion) STRONGLY R 92-355 RECOMMEND AND REFER REQUEST BY GARCES 5/28/92 COMMERCIAL COLLEGE CONCERNING CHANGING THE REPAYMENT TERMS OF ITS $300,000 LOAN OBLIGATION TO THE CITY TO MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. (MCDCI) (See label 2). 18. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF AN APPEAL OF A 5/28/92 TEMPORARY VARIANCE GRANTED BY ZONING BOARD WAIVING ALL REQUIRED OFF-STREET PARKING SPACES AT 2638 S.W. 28 LANE (Owner / Applicant: Janyce Robins & Robert Granoff; Appellant: James G. Robertson) (See labels 20 & 23). 19. CITY COMMISSION RECOGNIZES THE GREAT M 92-356 LEADERSHIP AND COMMUNITY WORK PERFORMED 5/28/92 BY RETIRING U.S. CONGRESSMAN DANTE FASCELL -- DIRECT ADMINISTRATION TO TAKE APPROPRIATE ACTION TO HONOR THIS DISTINGUISHED STATESMAN. 20. (Continued Discussion) DENY APPEAL OF R 92-357 TEMPORARY VARIANCE GRANTED BY ZONING M 92-358 BOARD WAIVING ALL REQUIRED OFF-STREET M 92-359 PARKING SPACES AT 2638 S.W. 28 LANE 5/28/92 (Owner / Applicant: Janyce Robins & Robert Granoff; Appellant: James G. Robertson) (See labels 18 & 23). (Note: This item was later reconsidered and continued to June 11th meeting.) 21. GRANT APPEAL -- REVERSE ZONING BOARD'S R 92-360 DENIAL OF VARIANCE TO ALLOW A LESSER 5/28/92 REAR YARD SETBACK TO EXISTING SECOND UNIT OF A DUPLEX RESIDENCE AT 1240 N.W. 33 AVENUE (Owner / Appellant: Verenita Morin). 60-65 66-67 67-77 77-80 81-82 82-121 122-133 N El 22. DISCUSS AND DEFER CONSIDERATION OF M 92-361 PROPOSED FIRST READING ORDINANCE TO 5/28/92 AMEND 11000 TEXT: ARTICLE 4 (ZONING DISTRICTS), C-1 (RESTRICTED COMMERCIAL), AND ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), SECTION 937 (ADULT ENTERTAINMENT AND ADULT SERVICES) -- TO PROVIDE AN EXCEPTION FOR SALE / LEASE OF ADULT ENTERTAINMENT MATERIAL AS A PERMITTED ACCESSORY USE IN C-1 DISTRICT, WITH PROVISOS -- DIRECT CITY ATTORNEY TO DRAFT ORDINANCE WHICH WOULD ATTEMPT TO PRESERVE PRESENT POLICY AND PREVENT FUTURE PROLIFERATION OF SAID BUSINESSES. 23. (Continued Discussion) RECONSIDER PRIOR M 92-362 VOTE DENYING APPEAL OF TEMPORARY M 92-363 VARIANCE GRANTED BY ZONING BOARD TO 5/28/92 WAIVE REQUIRED OFF-STREET PARKING SPACES AT 2638 S.W. 28 LANE -- CONTINUE TO JUNE 11TH MEETING (Owner / Applicant: Janyce Robins & Robert Granoff; Appellant: James G. Robertson) (See labels 18 & 20). 24. DIRECT MANAGER TO ALLOCATE $15,000 IN R 92-364 SUPPORT OF THE MIAMI MIDNIGHT 5/28/92 BASKETBALL LEAGUE, INC. - INNER CITY YOUTH PROGRAM (Law Enforcement Trust Fund). 25. RESCHEDULE SECOND COMMISSION MEETING IN R 92-365 JULY TO TAKE PLACE ON JULY 16, 1992. 5/28/92 26. DIRECT ADMINISTRATION TO REROUTE CITY R 92-366 SURPLUS EQUIPMENT PREVIOUSLY EARMARKED 5/28/92 FOR HAITI TO SANTO DOMINGO, NICARAGUA, OR ANY OTHER SISTER CITY HAVING THE CAPABILITY TO REPAIR SAME -- APPOINT COMMISSIONER DAWKINS TO COORDINATE THIS EFFORT. 133-152 153-160 161-162 162-163 163-167 =1� { At -�a.allas.�A Awhh� s Amok MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of May, 1992, 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 3:08 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez ABSENT: Commissioner Miller J. Dawkins Commissioner Victor De Yurre ALSO PRESENT: Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez, Vice Mayor Alonso then led those present in a pledge of allegiance to the flag. Commissioner Plummer: Move item #1. Mayor Suarez: So moved by... Mr. Sergio Rodriguez: Item #1 is withdrawn. Mayor Suarez: ...Commissioner Plummer. Commissioner Plummer: Who withdrew it? Mr. Rodriguez: The Manager. Commissioner Plummer: Why? Mr. Rodriguez: Because we needed some ordinances that had to be corrected, and there were some budgetary implications that were not up to date. Commissioner Plummer: Isn't that nice. 1 May 28, 1992 �_ J a NOTE FOR THE RECORD: At this point, the Administration withdrew agenda item 1. Mayor Suarez: OK. Mr. Rodriguez: So, item #1 is withdrawn. ------------------------------------------------------------------------------ 1. (A) DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION MAKING A LEGISLATIVE FINDING THAT THE CENTER FOR HEALTH TECHNOLOGIES, INC. WILL BE IMPLEMENTING A PROJECT OF GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE / DEVELOPMENT OF CITY -OWNED PROPERTY (MUNICIPAL JUSTICE BUILDING, 1145 N.W. 11 STREET), AND IS THEREFORE EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS -- DIRECT CITY ATTORNEY TO CLEAN UP PROPOSED AGREEMENT LANGUAGE TO GRANT THE CENTER A 5-YEAR LEASE (See label 15). (B) DIRECT CITY ATTORNEY TO EITHER: (a) COLLECT FROM METRO DADE COUNTY RENT OWED TO THE CITY FOR USE OF SPACE OCCUPIED BY THE COUNTY JAIL AT THE MUNICIPAL JUSTICE BUILDING, OR (b) TAKE STEPS TO EVICT THE COUNTY FOR NON-PAYMENT OF RENT. ------------------------------------------------------------------------------ Mayor Suarez: Item 2. I'll entertain a motion on the legislative finding... Commissioner Plummer: I got... Mayor Suarez: ...that the center for Health Technologies, a not -for -profit Florida corporation, established et cetera. Commissioner Plummer: ...some discussion on that, Mr. Mayor. Mayor Suarez: OK. Commissioner Plummer: Mr. Manager, is it my understanding the simple bottom line is that this contract, with this organization, is for 5 years? Mr. Rodriguez: Yes, sir. NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 3:11 p.m. Commissioner Plummer: There are no automatic renewals? Mr. Rodriguez: My understanding is that there will be renewals only subject to the Commission approval. 2 May 28, 1992 Commissioner Plummer: OK. Now, no expansion during that five years without Commission approval? Mr. Rodriguez: That's my understanding. Commissioner Plummer: OK. What does the City get back in return for allowing them to use this property? Mr. Rodriguez: I will have Mr. Bailey to respond and Mr. Armada, but my understanding 1s that the City will get in the first years, one dollar per year, and then, in the time where the financing is available to expand the facility, the City will get fees in lieu of taxes. But I would like Mr. Armada... Commissioner Plummer: Get what? Mr. Rodriguez: Fees in lieu of taxes. Commissioner Plummer: Fees in lieu of taxes. Mayor Suarez: Payment in lieu of taxes. Mr. Rodriguez: Payment. Commissioner Plummer: OK. Does the original contract, and Al or Herb I'll let you... Does the original contract limit the amount of property involved? And to what extent? Mr. Al Armada: Yes it does. Commissioner Plummer: To what extent? Mr. Armada: It... is this on? Yes, it does, Commissioner Plummer, in fact, it specifically includes only the building which is... was utilized by the Personnel Department. That's it. Commissioner Plummer: Is there a map? Mr. Armada: I don't remember if there's a map here or not at this point, but I... Commissioner Plummer: Is it clearly delineated in this agreement? Mr. Armada: Hang on for a second. If you will allow me, let me check for that. Yes, it talks about Municipal Justice described in Exhibit A. I am sorry. Yes, it does. The Exhibit A is where the Municipal Justice Building will reflect the Personnel Department. That's all. Commissioner Plummer: And how many square feet is that? Mr. Armada: That has, I believe, about a little less than 20,000 square feet. Commissioner Plummer: OK. What indemnification insurance -wise liability are they giving the City? 3 May 28, 1992 i • • Mr. Armada: We're covering ourselves extremely well in terms of liability... Commissioner Plummer: No. What are they providing us -indemnification? _ Mr. Armada: OK. One million dollars ($1,000,000.00) worth of coverage. Our typical liability coverage here is a million dollars ($1,000,000.00). That's what we've got on both property and, you know, injury, personal injury. Commissioner Plummer: And what do we have if... Do we have anything of a security deposit if anyway the building is damaged, other than normal wear and tear? Mr. Armada: No, we do not have a security deposit. Commissioner Plummer: We do not? Mr. Armada: No, we do not. I did not include that in here. Commissioner Plummer: Why didn't you? f Mr. Armada: Well, basically, because of the condition of the building, that it is today, which I am sure you recognize that it's not... Commissioner Plummer: Well, that's the next point I am getting to... I j Mr. Armada: Yeah. iCommissioner Plummer: ...is it written into this contract that they accepted... Mr. Armada: Yes. Commissioner Plummer: ...fully knowing of the asbestos condition existing? Is that in the contract? Mr. Armada: They are quite cognizant that they're getting... Commissioner Plummer: No, no, no. Is it in the contract... Mr. Armada: Yes it is. It is in the contract. Commissioner Plummer: ...in writing that they're aware that there is asbestos in that building? Mr. Armada: Well, not specifically asbestos per se. There was never an environmental study done on the building. So I don't have any... l Commissioner Plummer: The Manager, on the public record, has stated many times that there was asbestos in that building. Mr. Armada: We believe that there is asbestos. Commissioner Plummer: OK. -''� 4 May 28, 1992 >re rr • Mr. Armada: But I cannot tell you specifically... Commissioner Plummer: OK. Now, with that on the record. Excuse me. Mr. Armada: Yes, sir. Commissioner Plummer: With that on the record, I am concerned about one of their employees or one of their people who might be there, who might want to sue the City for knowingly leasing a building that is in a hazardous condition. I am saying to you that I would want, in this contract, that it is acknowledged that they are receiving the building, as is, that there is known to be hazardous material in that building. Because as I understand it they would not be able to use that building until such time as that matter is corrected. Mr. Armada: Commissioner, that's a very important point that we've discussed and negotiated back and forth a lot. Because the building is being turned over... Commissioner Plummer: What is there to... no, no. Mr. Armada: OK. Listen. Commissioner Plummer: Excuse me. Why is there a negotiation? Mr. Armada: Commissioner. Well, listen to me for a second please, sir. The building is given over to them as is, and in addition to that, they have to bring this building up to the South Florida Building Code. Which means that anything that will be required, OK, in terms of bringing that building to a tenantable situation, they will have to do. Commissioner Plummer: Is that... Mr. Armada: Include... It will include... Commissioner Plummer: Is that the entire building or just the space they're using? Mr. Armada: The space they're using. Commissioner Plummer: So what happens... You're saying, then, that there's 45,000 square feet in that building. Roughly. Mr. Armada: There's 70,000 square feet including the jail. Commissioner Plummer: Seventy thousand. OK. So the space they using they're going to make asbestos free? Mr. Armada: Yes. Commissioner Plummer: OK. Yet the other 30,000 may or may not be? Huh? Mr. Armada: They will not remove the asbestos there because will go through. 5 May 28, 1992 El Commissioner Plummer: But they're going to have their people in there. Mr. Armada: No they won't. They won't. Because see the reason that we can give them the Personnel Department, and because it works out, is because the Personnel Department, in fact, can be very clearly divided from the rest of the building where Community Development was in. There's a little hall. OK. Commissioner Plummer: I am very much aware. Mr. Armada: I know. Once we close in there, that's it. OK. That's why we're giving them the Personnel Department. It has two floors. There's nothing on top. There's no... Commissioner Plummer: I would feel much more comfortable, if in that contract, it was spelled out very clearly, that there is hazardous materials in that building, and as such,... Mr. Armada: We can do that. Commissioner Plummer: ...you cannot hold the City responsible, if in fact, you knowingly go in that building and you develop a problem, Mr. City Attorney. Mr. Armada: We can do that. Commissioner Plummer: OK. A. Quinn Jones, III, Esq.: Yes, sir. Commissioner Plummer: Now, let me finish. What are we doing about the jail? Mr. Armada: I haven't been instructed. Commissioner Plummer: It's still there? Mr. Armada: It's still there, sir. Commissioner Plummer: It is in this contract that they acknowledge that the jail is still there? Are they acknowledging, in this contract, that the jail is creating all kinds of problems for people on lower floors, even though... Mr. Armada: Not for this... Commissioner Plummer: ...they're on the other side. I am well aware of that. Mr. Armada: Not for them. Commissioner Plummer: But remember our City employees who came to this Commission and complained, as City employees, of what they had to go through because that jail was there. Security, and all of the rest. I want an acknowledgment in this contract that they acknowledge that there 1s a jail on those premises, and that if any additional security is needed, or requested by their people, they will provide it. OK. =;! 6 May 28, 1992 Mr. Armada: I think for security reasons, you're absolutely right. Commissioner Plummer: Because for one dollar a year, let me tell you something. For one dollar I am better to close it down and I am scared to death. Let me tell you, Murray, this doesn't... not for you. You know we have a claim into the County for a million nine. A million nine for the use of that facility as a jail, and here we are giving it up to these people, governmental use, same as what the County came here, for a dollar a year. I want to know how we're going to go to court and defend collecting that million and nine when the best we can get you for is five bucks. That's not your problem. That's mine. Commissioner Dawkins: Because that's why we had to rent it to them free because the County wouldn't pay nothing. _j Commissioner Plummer: Well, you know, Miller, it makes a good point but I am trying to make that point that we have to stop this damn giveaways. Commissioner Dawkins: Hey, well, look. I will make a motion, right now, to evict the County, and the whole jail population in the morning, for nonpayment of money. I have no problem with that. Commissioner Plummer: Well, make a motion that we evict them within... Give them a reasonable period of time. Commissioner Dawkins: Well, see that's what I am talking about. Commissioner Plummer: Give them 60 days. Commissioner Dawkins: No. We've been giving them 60 days and a year ever since you and I have been here. I Commissioner Plummer: Then we turn the electricity off. Vice Mayor Alonso: That's illegal. Commissioner Dawkins: OK. Commissioner Plummer: Why is it illegal? Commissioner Dawkins: No. Commissioner Plummer: As a landlord we can't... Vice Mayor Alonso: As a landlord you cannot take actions in your hands and turn off electricity or services even if the tenant has not paid the rent. Commissioner Dawkins: Well, if we cut the electricity off, J.L., we'll have less prisoners because you will not have any VCR's... Commissioner Plummer: As a landlord can I... Vice Mayor Alonso: Ask the attorney. 7 May 28, 1992 Commissioner Dawkins: ...no TV's and no air conditioners. So cut it off. Commissioner Plummer: Well, excuse me,... Commissioner Dawkins: Cut it off. Commissioner Plummer: ... maybe you're right. But as a landlord can I not put a fence around there and lock it? And deny them access? Mr. Jones: No. Vice Mayor Alonso: You have to go through the procedure of eviction. Mr. Jones: No. That would be known as self-help remedy. Commissioner Plummer: Well, wait a minute. Excuse me. Mayor Suarez: We could send the jail Chaplain. He would evict them all by himself. Commissioner Plummer: No, no. Excuse me. Mayor Suarez: Look at his size. Commissioner Plummer: Are you telling me, Mr. City Attorney, that they're there in my property, and we can't do a damn thing about it. Vice Mayor Alonso: You have to take them to court. Mr. Jones: Yeah, the proper course is to go through the court system and eviction proceedings. Commissioner Plummer: Why haven't you done it? Mr. Jones: Why? Because the law dictates that's the way it has to be done. Commissioner Plummer: Why haven't you done it? Commissioner Dawkins: OK. All right is there... OK... Mr. Jones: This Commission hasn't directed me to do it. Commissioner Dawkins: Is there any way, Mr. City Attorney... Commissioner Plummer: He's saying... You hear the answer. We haven't directed him. You want to make the motion? Commissioner Dawkins: All right. Now, wait a minute. I am going to make the motion after the discussion. Commissioner Plummer: Fine. Commissioner Dawkins: Mr. City Attorney. 8 May 28, 1992 Mr. Jones: Yes, sir. Commissioner Dawkins: What is the procedure, for going through the proper procedure where we can go to court Monday, win the case Monday, get an appeal the next Monday, and evict them the next Monday? How do you do that? Mr. Jones: OK. Well, it's not that quick of a process. There's a different process... eviction for commercial properties as opposed to residential properties. Commissioner Dawkins: All right. I move that you do whatever has to be done to evict the County from my property unless they pay me interest... Commissioner Plummer: No, no, no. Commissioner Dawkins: I mean pay me my fee. And if they are going to appeal it that we apply interest on top of that you owe me until it's settled 1n the other court. Commissioner Plummer: I would love to second your motion but I don't want them to stay there. I want them out. Commissioner Dawkins: Hey, well, I've been wanting them out, J. L. Vice Mayor Alonso: And to pay us. Commissioner Plummer: Exactly. Vice Mayor Alonso: Yes. Commissioner Dawkins: OK. Well, all right. Vice Mayor Alonso: It's long overdue. Commissioner Dawkins: All right. You make the motion. I'll second it. Commissioner Plummer: My motion is simply to instruct the City Attorney to proceed to either collect, or evict from our property, the City of Miami's ownership, the Dade County Prison that exists on our property in which they have not paid, period. Commissioner Dawkins: Second the motion. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. E May 28, 1992 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 92-343 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO IMMEDIATELY PROCEED TO COLLECT BACK RENT OWED AND DUE TO THE CITY OF MIAMI BY METROPOLITAN DADE COUNTY FOR USE OF THE CITY -OWNED METRO -JUSTICE BUILDING (1145 N.W. 11 STREET) AS A COUNTY JAIL; FURTHER STIPULATING THAT IF COLLECTION EFFORTS WERE TO PROVE UNSUCCESSFUL, THE CITY ATTORNEY SHALL PROCEED TO TAKE WHATEVER STEPS ARE NECESSARY TO EVICT SAID TENANTS FOR NONPAYMENT OF RENT SINCE INCEPTION OF THE LEASE AGREEMENT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Commissioner Dawkins: Now when is the City Attorney supposed to bring this back to us, J.L.? Commissioner Plummer: He'll bring us back the award or check, I hope. Mr. Jones: I can report back to you because, you know, you said collect or evict. Obviously the collection proceedings have been fruitless, so... Vice Mayor Alonso: Then we made a mistake. I think we should make it very clear to start the eviction process, because the County will never pay to us unless we take serious action. You start eviction and then, in the meantime, if they pay, then we stop the, ah,... Commissioner Plummer: Well, it goes without saying, from now on, because I am going to apply to the City Manager as well as City Attorney, every Friday morning at 9:00 a.m. I want an update on that issue. Commissioner Dawkins: We want them evicted or cash. Commissioner Plummer: Every Friday morning at 9:00 a.m. you'll have on my desk a report as to the present posture of that scenario. And I am going to do it to you on every item that comes on this agenda. Now, let's get back to the other one. Mr. City... Commissioner Dawkins: OK. Move it. Move it. Commissioner Plummer: Move what? 10 May 28, 1992 11 Vice Mayor Alonso: No. I have... Commissioner Plummer: No. I am not finished with this. I am not finished yet. Commissioner Dawkins: Well, your going to vote yes anyway. Let's go. Commissioner Plummer: Now we also have another tenant in that building. The FIU... What's the other tenant? Mr. Armada: No. They're the other tenants. Vice Mayor Alonso: They are. Commissioner Dawkins: No. We don't have anybody else. Commissioner Plummer: They are the 2200 square feet that was there previously? Mr. Armada: Yes, they have 3000... Commissioner Plummer: So what you're doing is you're moving out what use to be the courtroom and you're moving over to the other. Are you moving up and down? Mr. Armada: Yes. They are going to use both floors. Commissioner Plummer: OK. You're giving me every assurance of the request that I have, of writing in to this contract those items that I have listed, but more importantly, that they will not receive a "CO" (Certificate of Occupancy) until such time as this matter has been completely cleared from a standpoint of health wise. That's my area of concern. Mr. Armada: OK. Commissioner Plummer: In five years. Vice Mayor Alonso: In the backup you say in lieu of taxes they are going to pay a certain amount based on the price of the land. Mr. Armada: Yes. Vice Mayor Alonso: land and buildings? Or just land. Mr. Armada: Well, let me tell you. It gets complicated there because since they are a governmental agency, even if we were to... you know, remember we're talking after the 5 year period. OK. We're talking at a point in which they start to develop the property. If... since they are a governmental agency, and they do make these improvements, they will not be assessed taxes because it's a governmental agency. So, what I am suggesting is that since the land continues to be ours, the improvements will be theirs. That we take a look at the value of the land, which is what we own in deed, OK, and assess in lieu of taxes a payment to us, OK, which 1s commensurate to those taxes that would be paid otherwise. 11 May 28, 1992 11 11 Vice Mayor Alonso: We will be the judge of how much the land is worth. Mr. Armada: Yes, Ma'am. Vice Mayor Alonso: Not based on the tax assessment. Mr. Armada: Right. It would be, they would be... There is no tax. Vice Mayor Alonso: Well, but, they have prices of the property, I understand, anyway. Mr. Armada: Comparable prices. Mr. Rodriguez: Its appraisal. Vice Mayor Alonso: Even though they don't assign taxes they have the values of the property. Not on those basis. It will be real world value. Mr. Armada: We're going to do a comparable analysis, OK, on the area. And we're going to establish what will be the value of the land and whatever the millage is that's applied around it. That's what we'll apply to that. That's how we're going to get it. But the building were not included in here. We did it for the reason that I mentioned that they're basically a governmental entity, they'll never be assessed for buildings. It's much more difficult to get a figure on that. And it's going to be their buildings as opposed to the land. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: It will be their building and our land. The land will remain the property of the City of Miami from now on. Mr. Armada: Yes, sir. Commissioner Dawkins: That's in the deed. Mr. Armada: We're not deeding anything. Commissioner Dawkins: Beg your pardon. Mr. Armada: We're not deeding anything. Mayor Suarez: In the documents. In the lease. In the concession and whatever. Mr. Armada: This is a lease agreement. That's all it is. We continue to... Commissioner Dawkins: OK. Commissioner Plummer: If they own the building and we own... I am sorry. Commissioner Dawkins: Let me hear from the City Attorney. 12 May 28, 1992 Mr. Sergio Rodriguez: Yeah. I would like to verify also, on the record, that, as you know, we use the space for parking for special events of the Orange bowl, and at any moment that we want to use that there wi11 be no restriction for the City to use that parking space. Commissioner Plummer: Well that's. Excuse me. Just so you are and my colleagues are aware, that's part of the 1100 spaces that we guarantee the University Miami... Mr. Rodriguez: I want to make sure that we have that on the record. Commissioner Plummer: ...and the Orange Bowl Committee. Vice Mayor Alonso: So we better have it. Commissioner Dawkins: Look, do we own the land forever? Mr. Armada: Yes, we do. Mr. Rodriguez: We do. Commissioner Dawkins: If we own the land forever you can park on your land when you get ready. What's the next item. Commissioner Plummer: No. Not if you've leased a portion... Mr. Rodriguez: No. Commissioner Plummer: ...of it to them. They would have control. Lease gives them a vested interest. They're not going to do that. The question is when you say they own the building and we own the land. What happens at the end of the 5 years of the lease? Mr. Armada: Well, see during the first 5 year period they're not going to make any improvements at all there. So the buildings that are in existence there continue to be, of course, ours. Commissioner Plumper: Well, they're are going to have to take and address the asbestos problem. Mr. Armada: Yes. They are. Commissioner Plummer: OK. Mr. Armada: And we already agreed that we're going to include that. Commissioner Plummer: After the first 5 years. Mr. Armada: After the first 5 years, with their monies, and federal monies, _ and private donations and so forth and so on, if they build, you now, very _ =' large structures there, those structures will be theirs. OK. That's very similar to any lease that we've got. 13 May 28, 1992 Commissioner Plummer: And what happens to... if they get another 5 year lease? Commissioner Dawkins: They will not get another 5 year lease. Commissioner Plummer: And at the end of that 5 year lease what happens to the building? Are you telling me I got to buy them? Mr. Armada: No. No. I am not saying that. �— Commissioner Plummer: Well what's going to happen? Mr. Armada: OK. If you only give them, after the first 5 years a 5 year lease,... Commissioner Plummer: Correct. Mr. Armada: ...they are going to have to make a decision whether they want to make that kind of investment and return the facility to us at the end of 5 years. That still... it will be their decision at that point. Commissioner Plummer: Oh. I think it will be our decision, won't it? As to whether or not how much... Mr. Herb Bailey: I think you have to understand, Commissioner. You look at this the same way we have CenTrust. The CenTrust is a land lease with the improvements... Commissioner Plummer: Don't compare the two, Herb. Mr. Bailey: Well, no. It's the same lease and I am not trying to be cute about it. But for the type of investment that we expect them to make, you're looking at almost a 99 year lease after the first 5 years. Of course, all of that will be negotiated after the first 5 years when we come back before the Commission as you've already indicated. But the type of investment they're going to make, certainly, you going to have to have, you know, a 99 year flex lease of some type. It may not be 99 all in one, but 50 and a renewal and whatever. Commissioner Plummer: My final question. Are you indicating for the record that you feel that it is very important that this organization, because of the proximity to the hospital, is the reason why you're recommending this? Mr. Bailey: That's one of the reasons. And the other one is to produce some type of economic development for the City of Miami. Commissioner Dawkins: OK. - Commissioner Plummer: How many people will they be employing? Commissioner Dawkins: I'll go back to the same question. And it's not the final one. I keep asking it. I don't hear it. Commissioner Plummer: What's the... 14 May 28, 1992 Commissioner Dawkins: You say that they will own the buildings. OK. And I will own the land. What will I get for the use of my land that building is siting on? I don't hear nobody saying that. Mr. Bailey: They meant in lieu of taxes. Commissioner Dawkins: Payment in lieu of taxes. Mr. Bailey: Taxes. Commissioner Plummer: Yeah. Commissioner Dawkins: What is that saying to me? Mr. Bailey: That is saying for agencies that are not liable for taxes they will give us a fee in the same amount that the tax would be in cash. Commissioner Plummer: Oh not No, no, no, no, no. Commissioner Dawkins: That's right. Commissioner Plummer: That's negotiable. Mr. Bailey: I understand that. I am just trying to explain on the simple term what it is. It has already been stated that that amount would be negotiated for fair value. Commissioner Plummer: That has nothing to do with taxes whether it be paid or not paid. That's strictly negotiable between them and the City. It could be 10 times what taxes are. Mr. Bailey: I am just trying to use the term for simple explanation. Commissioner Plummer: OK. Mayor Suarez: What about a take back clause? What rights do we have if down the road, for whatever reason, decide to make a different... Mr. Bailey: In the first 5 years or in the second phase? Mayor Suarez: Let's do the first 5 years first, Herb. Mr. Bailey: The first 5 years in terms of... do we have a recoverable clause in the lease? What are our default clauses? Mr. Armada: There's no improvements. Mr. Bailey: There's no improvements. Mayor Suarez: The first 5 years we would... Commissioner Plummer: No improvements. 15 May 28, 1992 Mayor Suarez: OK. And then after the first 5 years is there anything that triggers the next term, or do we have one more bite at the apple at that point? Mr. Bailey: That comes at a planning, design, building, negotiating stage with the City. Mayor Suarez: All right. Commissioner Plummer: After the first 5 years, Mr. Mayor, as I see it anything is negotiable. Even if they got a 99 year lease you can make it as a renegotiation every 5 years thereafter. If it's negotiable anything is negotiable, and that's the point I am trying to make. That there is absolutely nothing implied. There is nothing in writing. At the end of the _ first 5 years we're going to sit down and we're going to talk again. They may have the money, they may not. If they do, everything is on the table for negotiation, totally. Vice Mayor Alonso: Is that understood? Commissioner Plummer: That's the point I am trying to make. Mr. Bailey: We'll probably be back before the end of the 5 years. Commissioner Plummer: There is no obligation... Mayor Suarez: Yeah. It could be before that. Mr. Bailey: Yeah. But that's understood. You got to understand. Yeah. Mayor Suarez: It could be before that. Hopefully before that. Commissioner Plummer: Oh. Could be, yes. Sure. Mr. Bailey: We would be right before the end of the 5 years. Commissioner Plummer: Sure. Mr. Bailey: You will know a long time before that's up. Vice Mayor Alonso: And one more question. Are we going see the lease again, or this is it? Commissioner Plummer: It's a resolution. This 1s it. Mr. Armada: This is it. I think I have some modifications to make pursuant to Commissioner Plummer's suggestions, but this is it. For the first 5 years, this is it. Now, what happens if they do get the funding and they come back... Vice Mayor Alonso: So are we going to go on the basis of what is here. On the basis of the resolution rather than a lease, because you have been talking about a... 16 May 28, 1992 Mr. Armada: No. No. This... Vice Mayor Alonso: ...lease agreement. And 1f you're going to write a lease agreement, I want to see it again. Mr. Armada: No. This 1s the lease agreement is calls for... Commissioner Plummer: Excuse me. Mr. Armada: ...for the authority. This is it. Vice Mayor Alonso: This is it? Commissioner Plummer: No, sir. No, sir. You are wrong. This has not been modified. And I am not voting on it. OK. I told you before, and I am going to tell you again. The development of the property sufficient for the development of the property the City Manager, no, no. Mr. Armada: No. Commissioner Plummer: I told you before. The City Commission... Mr. Armada: We did change that. Commissioner Plummer: You have not changed that. Mr. Armada: We changed that. We changed that. Commissioner Plummer: Sir, I am my... The king's English is very clear. You have not changed it. What 1s advertised to the public is incorrect. Mr. Armada: Well, that may be. But I... Commissioner Plummer: Excuse me. Here it is right here. Here's my agenda. Mr. Armada: I know. Commissioner Plummer: You want to read it? Here it is. Mr. Bailey: That must be a typo there. Commissioner Plummer: What do you mean typo? Mr. Bailey: The City Manager always executes the lease. Commissioner Plummer: Sir, I said at the last Commission meeting that the City Manager would not be empowered to renegotiate, that it would be the City Commission. It was on the record. It was agreed. It is not so stated here. Mr. Jones: Commissioner, in the title. resolution it says, said modification shall be granted by the City. Wait a minute. Where is it? Unidentified Speaker: Subject to approval by the City Commission. 17 May 28, 1992 Mr. Jones: Further providing as subject to approval by the City Commission. Commissioner Plummer: Mr. City Attorney. Mr. Jones: Yes, sir. Commissioner Plummer: Would you read mine. Would you like me to underline it for you? I'll underline it. Mr. Jones: He must have something different. Commissioner Plummer: I mean unless you know a different English language than I know, it is very clear. Mr. Jones: Well, this is different. Commissioner Plummer: Well, what does it say, sir? Am I right or am I wrong? Mr. Jones: Well. Your language is right. Commissioner Plummer: Thank you, sir. I move the item be deferred until the matter can be cleared up. Mayor Suarez: Well, wait. You can move it, of course, and if somebody seconds it that fine. Commissioner Plummer: Mr. Mayor, it is not proper to have something on an agenda in which the public takes a certain look to see, and may or may not cone to this Commission to speak on the issue based what is publicized. This matter was publicized that this could be done by the City Manager. Mayor Suarez: The execution... Commissioner Plummer: Oh, I... sir, I understand we have the right. Mayor Suarez: ...of the actual documents are always going to be done by the Manager. In what other way have people been... Commissioner Plummer: OK. Let me tell you where else I have a problem. This here is not automatic that in 5 years this matter is concluded. It says here very clearly. Providing in said lease... Mayor Suarez: We might be here forever. = Commissioner Plummer: Listen to this, Miller. If that during the initial term the center secures funding sufficient for the development of the property, the City Manager may modify said lease to expand the lease property. No way. No wayl [INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.] Commissioner Plummer: What? [INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.] 18 May 28, 1992 k i Commissioner Plummer: Yeah. I see. And extend the term of said lease for a length of time commensurate with... You get the financing... gives you absolutely no rights. [INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.] Commissioner Plummer: I understand. I see it, sir. City Commission for approval. But what I am saying on the record, Mr. City Attorney... Mr. Jones: Yes. Mayor Suarez: I think it said that he would negotiate but we would have to approve is the... Commissioner Plummer: That they have... Look I can't be any clearer. I don't know why it's... That after the first 5 years they have no rights, except to come back to this Commission and talk again. Maybe in four and a half they start talking so that at the end of the fifth year there's no interruption. But this contract right now, whether they get funding or they don't, is for 5 years with no other implied or written guarantees. No, nothing else. Period. Amen. Now, my colleagues think differently. Mr. Bailey: I don't think it says anything any differently here, Commissioner. Mayor Suarez: What is the present concern? Commissioner Plummer: They're saying that they have the right to come back and talk if they get, or they get the funding. What I am saying is, they have every right to do that, but there is nothing implied that gives them a vested right. The only vested right that they have without coming back to this Commission, is to be there for 5 years. Mr. Bailey: Well that's all we've ever said. Mayor Suarez: Is there anything in the document, Mr. City Attorney, that implies otherwise? That they would have any vested rights if they secure funding for bigger, more ambitious project? Mr. Jones: Yeah. Mayor Suarez: Without having Commission approval and... Mr. Jones: Yeah. Apparently the lease refers to the leased property as well as expanded lease property. My understanding is that the terms and conditions relative to the expanded lease property have already been negotiated. So, yeah, it is different. Commissioner Plummer: That's right. Mr. Mayor, I move at this time that this matter be deferred and clean up this language. And get it fully understood. I want to give them a 5 year lease. Period. Amen. And any time they want to come back and talk about something else... 19 May 28, 1992 Mayor Suarez: Are you sure you don't want to, so the item doesn't keep coming back up and these folks coming back here. Commissioner Plummer: Mr. Mayor, I asked... Mayor Suarez: You don't want to table it and have them try to clean it up. Commissioner Plummer: Excuse me. Mr. Mayor, I asked at the last Commission meeting, and I am sure the record will reflect, that the terminology be changed from City Manager to the City Commission. It has not been done as we requested, sir. Mayor Suarez: I thought the only reference to the City Manager was to negotiate or execute... Vice Mayor Alonso: If they... Mr. Jones: Well. Vice Mayor Alonso: ...If they can't resolve the problem... Mr. Jones: Well. Vice Mayor Alonso: ...before we leave here today they can always come back. But I ... Commissioner Plummer: If they clean up the language, that's fine with me. Mayor Suarez: All right. Mr. Jones: Well. Mayor Suarez: Let's table, for the moment, the matter with the hope that the concerns can be alleviated and we can vote on it today. Commissioner Plummer: Fine. Mayor Suarez: I hate to... And keep in mind every one of the remarks and observations that have been made. Yes, Vice Mayor. (AT THIS POINT, THIS ITEM WAS TABLED.) 20 May 28, 1992 2. DISCUSS AND TABLE REQUEST BY GARCES COMMERCIAL COLLEGE TO CHANGE REPAYMENT TERMS OF ITS $300,000 LOAN OBLIGATION (See label 17). Vice Mayor Alonso: Thank you. I have a pocket item from Garces Commercial College, a not for profit organization, and it's a resolution to change some of the terms of the remaining principal balance that they have. And it reads, a resolution authorizing Miami Capital Development, Inc. to amend the loan agreement between Miami Capital Development, Inc., and Garces Commercial College, by changing the repayment terms on the remaining principal balance of one hundred seventy-eight thousand six hundred and ninety-five, twenty-one, to ninety-six monthly installments of two thousand ninety-six dollars ($2,096.00) at 3 percent annual interest, commencing on August 10, 1992. 1 so move. Mayor Suarez: So moved. Commissioner Plummer: Mister... Mayor Suarez: If I understand it correctly, what's you're doing is going back to the normal amortization, without any lump sum payment at this point. Vice Mayor Alonso: Exactly. Commissioner Plummer: But that's... that's... Vice Mayor Alonso: They have an excellent record. They have been paying on regular terms. They will maintain the same payment and what the problem they have, they are short of cash at the present time,... Commissioner Dawkins: Second. Vice Mayor Alonso: ...but this way they will complete the payments. Commissioner Plummer: I got a lot of questions. A lot of questions before I possibly invoke the rule. Mayor Suarez: OK. Commissioner Plummer: You're talking about 3 percent money. Vice Mayor Alonso: Yes. Commissioner Plummer: OK. Are we about the business of being bankers, or are we about the business of running a City? I am concerned... in... I don't... can I have... Vice Mayor Alonso: This is the Miami Capital... =j Commissioner Plummer: I understand. Can I have a copy of the resolution? Yeah. 21 May 28, 1992 �n Vice Mayor Alonso: And this is something that the Miami Capital has been doing for a long time. As a matter of fact, most of the loans that are given, people don't pay. These people have been making payments on regular basis. They have an excellent record with them, and... Commissioner Plummer: I need someone from the Finance Department. Vice Mayor Alonso: ...I think it's... Commissioner Plummer: Herb, if you can answer. Vice Mayor Alonso: ...a way to help them maintain the business. A business that has been in the City of Miami, nonprofit, 31 years, and they have an excellent record with the City of Miami. Commissioner Plummer: Mr. Bailey, they are presently paying $2,071.77 a month. The balloon payment, as I recall, and now this just came up so if I ask questions and I don't look like I know what I am talking about, it's because this was taken out in 185. The balloon payment has nothing to do with the monthly payments. Is that correct? Mr. Bailey: They were supposed to pay it all at the end of the period. The balance. What they're asking for is that... Commissioner Plummer: Was there a balance? Mr. Bailey: The balance due, at the end of, the period was supposed to be paid in full. And they're asking to extend that on installments. Commissioner Plummer:. Was it a 15 year loan, or was it a 7 year loan? Mr. Bailey: I think it was a 7 year loan if I remember correctly. Because I was involved with putting it on the books. Commissioner Plummer: And where... this money is the money that 3 percent interest was to be paid? Mr. Bailey: It all goes... Miami Capital 1s the conduit for us. They are handling it. The City Commission approved it. Commissioner Plummer: What capital... what collateral do we have? — ' Mr. Bailey: Just the signature of the college. - J Commissioner Plummer: And if the college goes under? Are they willing to put up the property? Do they own the property? Mr. Bailey: I don't know what the security behind the note was other than the signature. Commissioner Plummer: Well, don't you think it behooves the City to find out how we can assure our money, or are we going to do another Barbara Carey? No — listen... �' 22 May 28, 1992 11 .] Vice Mayor Alonso: This college has been in business for 31 years. Mr. Bailey: They've been here for some time. Commissioner Plummer: Well, I... Vice Mayor Alonso: And they have excellent financial statement and I think... Commissioner Plummer: Obviously, Madam Vice Mayor, it is stated here that they are in financial problems because of cutbacks. Vice Mayor Alonso: To pay... Commissioner Plummer: And they could, in fact, even as we know 1t today be in further cutbacks. My question, again, is what collateral do we have to guarantee the loan? Mr. Bailey: I'll have to check the security behind the note unless you know, ah... Commissioner Plummer: Well, who knows? Mr. Gabriel Torres: Excuse me, Commissioner. Mayor Suarez: Name and address. Mr. Torres: My name is Gabriel Torres. Good afternoon. The reason why we're requesting this... Mayor Suarez: Give us an address, Gabriel please. I Mr. Torres: Sure. 5385... Commissioner Plummer: Excuse me. Mr. Torres? Mr. Torres: Yes, sir. t Commissioner Plummer: I've asked a question. If you can answer the question I would appreciate it, if not, then I would like to pursue my questioning. Mr. Torres: OK. Commissioner Plummer: Can you answer? Has any collateral been proffered? - Mr. Torres: Yes there is, in the original contract, which I have here in front of me. - Commissioner Plummer: And that is. —` Mr. Torres: The equipment on both of the campuses. Commissioner Plummer: I am sorry. Mr. Torres: The equipment was placed as collateral. t = 23 May 28, 1992 - 3z Commissioner Plummer: And the collateral... The equipment is in excess of three hundred thousand dollars ($300,000.00)? Mr. Torres: The equipment in the school? Yes, sir. Commissioner Plummer: Have you determined that, Mr. Bailey? Mr. Bailey: I have not. Mr. Torres: That is from the original contract. Commissioner Plummer: Well, yeah, you're asking us now. If effect, what you're asking us is to create a new loan. That's what you're doing. Mr. Torres: Well, if that's the way you want to construe it, it's fine. Commissioner Plummer: OK. So I am asking, at this particular time, if, in fact, you have made a determination... staff, who's I think responsibility, through Miami Capital. Have they, in fact, made a determination that the collateral that has been offered is adequate to cover the cost of the loan? Mr. Bailey: We have not made a reappraisal. Commissioner Plummer: Well I don't think that it's proper to even bring it before us then. I think we are entitled... Excuse me, Mr. Torres, do you own the property, sir? Mr. Torres: No, we do not. We're a not for profit organization. Commissioner Plummer: Who is the owner of the property? Mr. Torres: We have... There's two landlords that we have. Commissioner Plummer: Who is the owner of the property, sir? Mr. Torres: One of them is the Viscount Hotels. Commissioner Plummer: Who? Mr. Torres: Viscount Hotels. Commissioner Plummer: OK. Mr. Torres: And the other one... It fails me now who owns the other building, sir. But we don't know... Commissioner Plummer: You don't know who your landlord is? Mr. Torres: Well, I don't necessarily pay the rent directly to them. Commissioner Plummer: OK. You are the Director. Mr. Torres: That's correct. 24 May 28, 1992 Commissioner Plummer: Are you the President? Mr. Torres: No, I am not. I am the Director of the college. Commissioner Plummer: OK. And who is the owner of the college? Mr. Torres: There are no owners. This is a not -for -profit... Commissioner Plummer: There are no owners. Mr. Torres: That's correct. Commissioner Plummer: Is there a Board of Directors? Mr. Torres: Yes, there are. Commissioner Plummer: And who 1s on the Board of Directors? Mr. Torres: On the Board of Directors is Ms. Quinones, Ms. Nespereida, Ms. Garcia... Commissioner Plummer: Is there 10 people, 6 people... Mr. Torres: There is... We have an Advisory Board as well as a Board of Directors, and it ranges... The Board of Directors has 5 members. The Advisory Board has 10 members. Commissioner Plummer: And what was your budget for this current year? Mr. Torres: Our budget for this current year was in excess of one point two million dollars ($1,200,000.00). �i Commissioner Plummer: And where did you get your funding from? Mr. Torres: We got those through federal programs. Commissioner Plummer: I am sorry? Mr. Torres: Federal programs. =� Commissioner Plummer: Federal programs solely? Mr. Torres: Correct. Commissioner Plummer: And did you make or lose money this year, last year? —� Mr. Torres: Last year? We made about sixty thousand dollars ($60,000.00). =� We paid all our bills and everything else. We made about six thousand dollars ($60,000.00) there abouts. Commissioner Plummer: And yet you don't have the money to pay the City. � E =1 25 May 28, 1992 `^ Mr. Torres: Sir, believe me. If I had a hundred and seventy thousand dollars ($170,000.00) I would be more than gladly to give it to you. Commissioner Plummer: But you were aware for the past 7 years that it was due and owing. Mr. Torres: That's correct. We knew that it was amortized over a 15 year period. They had a balloon to be due at the end of July of this year. OK. But due to the reasons that of federal cutbacks in programs and funds... Commissioner Plummer: Well we all understand cutbacks. Mr. Torres: ...we weren't able to have it. Exactly. Commissioner Plummer: Mr. Bailey, I am concerned more so every day as to the City's assurance if they fail, we get our money back. I would feel much more comfortable, you know, we took... you remember, how well we remember. Barbara Carey gave us collateral on the machines that she owned. OK. How much money did we get back? Nothing. Used machines don't bring in dollars. Vice Mayor Alonso: With all due respect,... Mr. Torres: Commissioner. Vice Mayor Alonso: ...Commissioner, but I don't think you can possibly compare the two cases... Mr. Torres: That is... Vice Mayor Alonso: ...and the economic situation of the two schools. Commissioner Plummer: Oh. I can't. No, no. Mr. Torres: No, sir. No, no. I am sorry. Commissioner Plummer: I can't compare because I don't know anything about this one. Mr. Torres: Excuse me, Commissioner, if I may. Commissioner Plummer: This has come to us here. There has been nothing forwarded to us in advance, as normally required we would have a budget, we would have all kinds of documents. This is a single paper for three hundred thousand, at three percent. Mr. Torres: No, sir. That is not correct. —= Commissioner Plummer: You furnished us with other documents? Mr. Torres: No, sir. But it's not three hundred thousand dollars ($300,000.00). This loan was originally for three hundred thousand dollars ($300,000.00). Commissioner Plummer: OK. 26 May 28, 1992 Mr. Torres: Over the past seven years... Commissioner Plummer: It's a hundred... Mr. Torres: Pardon me for a second. Over the past seven years the institution has paid a hundred and twenty-eight thousand, a hundred and twenty-two thousand dollars ($122,000.00) in principal plus the interest. Commissioner Plummer: I understand. Mr. Torres: All we're saying right now is let us pay the balance over the rest of the amortization period. Commissioner Plummer: Well. Mr. Torres: That is all I am saying. Commissioner Plummer: All I am saying to you is, is that if you have that right to come here and ask for it... Mr. Torres: Of course. Commissioner Plummer: ...every other social program in this community has that same right. And I don't know where this Commission would be because there's not that kind of money available. Vice Mayor Alonso: Do you know something, Commissioner? I want you to know that it's happening every day in the City of Miami, and worse than this, the Miami Capital has a record that most people don't pay. These people have been paying. All we are doing is giving them an opportunity. Rather than paying in a balloon and come forward and saying we don't have the money to pay, we're telling them, yes, continue to make monthly payments, and, yes, pay your debt. What's happening in other cases is that it does not have to come to us. It goes directly to Miami Capital Board. You know why he's here, to us, in front of us? For this simple reason that it was originated here, in this Commission, eight years ago. That's why it's coming to us. Otherwise it would not even have to come to us. It would go directly to the Miami Capital Board. Commissioner Plummer: Thank you, Madam Vice Mayor. Do you know why it came here? Vice Mayor Alonso: Because it was originated here. Commissioner Plummer: No. Vice Mayor Alonso: That's the reason it came here. Commissioner Plummer: Do you know why it came here? Vice Mayor Alonso: Why? Commissioner Plummer: Because Miami Capital turned it down. 27 May 28, 1992 0 Vice Mayor Alonso: No, sir. Commissioner Plummer: Oh. Yes, sir. Vice Mayor Alonso: No, sir. Commissioner Plummer: Yes, ma'am. Vice Mayor Alonso: No, sir. Commissioner Plummer: OK. M. Vice Mayor Alonso: Let me put that for the record because I know for a fact, and I would like that we table this item and come back perhaps later with the people of the Miami Capital here. The Miami Capital did not turn them down. As a matter of fact, they discussed with me, and asked me to bring this to this Commission. It was not... It has the full recommendation of the Miami Capital. They are behind this extension. They have no objections. They don't have the power to extend this without coming to us. And I guess Mr. Bailey can say this for me. Commissioner Plummer: Well, let me tell you, Mr. Bailey, where I am at. Mr. Bailey: I will request Mr. Crapp to come down in about an hour and we have further clarification. Mayor Suarez: Yeah, it is unusual that he's not here, but I guess maybe he didn't anticipate... Commissioner Plummer: OK, Let me put it... Vice Mayor Alonroo: He said that there was going to be no problem because they have such an excellent record with the City. Mr. Torre : Commissioner, it will probably... Commissioner Plummer: I have no problem, Mr. Bailey, if you can make a determination, any time this afternoon, that the collateral which they are offering is in excess of value of that which they're asking, and will continue to be for the time, the duration of this, then let's bring it back this afternoon. Mr. Bailey: We'll come back within a hour. We just have to see the amortization on the balance sheet and the depreciation of the equipment. Commissioner Plummer: What I have to see is... Mr. Bailey: See what the book value is and we can... Commissioner Plummer: ...that the collateral that they're putting up is sufficient to guarantee the loan. Mr. Bailey: We'll be back in an hour. 28 May 28, 1992 El Commissioner Plummer: Thank you, sir. Mayor Suarez: All right. And to avoid an invocation of the 5 day rule I think that... Which you would entitled to do because it is... Commissioner Plummer: Oh. And I don't want to do that, Mr. Mayor. Mayor Suarez: All right. Commissioner Plummer: I think in the history I've been here I've done it once or twice. Commissioner Dawkins: I have two pocket items. Mayor Suarez: Yes, Commissioner. (AT THIS POINT, THIS ITEM WAS TABLED.) ------------------------------------------------------------------------------ 3. REAFFIRM TO METRO DADE COUNTY THE CITY'S OFFER OF A CITY -OWNED PARCEL OF LAND (IN VIRGINIA KEY) FOR USE IN CONNECTION WITH THE LIPTON INTERNATIONAL PLAYERS CHAMPIONSHIP, TO ESTABLISH THE INTERNATIONAL TENNIS CENTER, IN THE EVENT DADE COUNTY FAILS TO CONSTRUCT THE TENNIS CENTER AT ITS PRESENT LOCATION ON KEY BISCAYNE. Commissioner Dawkins: I have one pocket item which I would like for us to do. And it says, a resolution reaffirming the City of Miami's offer of the City owned parcel of land, located in Virginia Key, for use by the promoters of the Lipton International Players Championship Tournament. For the establishment of the International Tennis Center, and the staging of a tennis tournament in the event that Dade County is unsuccessful in its attempt to continue construction of the Tennis Center at its present location in Key Biscayne, Florida. I would like to pass this as a resolution. Just reaffirming our desire that, in the event, the courts do not allow the tennis stadium to be built on Key Biscayne, that we, the City of Miami, stands ready to offer our land in that certain equipment has been manufactured. So much money has been spent to develop equipment for this area. It would fit good on our island, I think, and I so move. Vice Mayor Alonso: Second. Mayor Suarez: So moved and seconded. Commissioner Plummer: The only question I have is, Mr. City Attorney? Mr. Jones: Yes, sir. Commissioner Plummer: I am very much in favor of what Commissioner Dawkins has offered. I think it's a great idea. I think that, you know, when I heard the other day that the County... If they lose today, the County is out eight 29 May 28, 1992 million dollars ($8,000,000.00). Now, the only question that I have is that I don't want to do anything, at this particular point, to put the County in a handicapped position of trying to salvage that eight million dollars ($8,000,000.00). If you can give me the comfort that by doing Commissioner Dawkins' motion that we are not, in any way, interfering with the County and what they are trying to accomplish. I want to vote for the motion. Mr. Jones: Commissioner, from my perspective I don't... I can't see how it would damage their position. Certainly,... Commissioner Plummer: Thank you, sir. Call the roll. Mayor Suarez: Call the roll on the motion. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 92-344 A RESOLUTION REAFFIRMING THE CITY OF MIAMI'S OFFER OF A CITY OWNED PARCEL OF LAND LOCATED IN VIRGINIA KEY FOR USE BY THE PROMOTERS OF THE LIPTON INTERNATIONAL PLAYERS CHAMPIONSHIP (THE "TENNIS TOURNAMENT") FOR THE ESTABLISHMENT OF THE INTERNATIONAL TENNIS CENTER (THE "TENNIS CENTER") AND THE STAGING OF THE TENNIS TOURNAMENT IN THE EVENT THAT DADE COUNTY IS UNSUCCESSFUL IN ITS ATTEMPT TO CONTINUE CONSTRUCTION OF THE TENNIS CENTER AT ITS PRESENT LOCATION IN KEY BISCAYNE, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre COMMENTS MADE DURING THE ROLL CALL: Commissioner Plummer: With a lot of pleasure, yes. And for the record, I don't play tennis. Mayor Suarez: Before I vote let me tell you that you are now going to get the rest of what the City Attorney meant to tell you, as we was getting ready, he was getting wound up, to give you a complete opinion. You're going to get it in writing as a follow up to what you interrupted as he was just beginning... 30 May 28, 1992 El Commissioner Plummer: Oh. I am sorry. Mayor Suarez: ...to explain it. Because he can never keep that to himself. So he's going to write it all down. Right, Mr. City Attorney? Commissioner Plummer: He wants to editorialize. Mayor Suarez: He was ready. He had a whole... Commissioner Plummer: Spiel. Mayor Suarez: Spiel to come out. Commissioner Dawkins: OK. Let me get... Go ahead. I'll listen to yours, then I'll listen to mine. Let me give you mine, you know. It's amazing how quickly we forget. This is the same County that built a stadium 1n the black community for Joe Robbie Stadium, and they went through the same thing... The people up there did not have the expertise in fighting it. OK. So now,... Commissioner Plummer: Betty Ferguson didn't do a bad job. Commissioner Dawkins: ...I do not, in my opinion, and I only offer our land in the event that the County is not successful. I am not offering our land in competition with Dade County. I am only saying that in the event the courts say that Dade County cannot build over there, that we offer our land. If they don't want it, we've done the best we can do to keep the tennis stadium here in this environment, where they've already ordered equipment for this environment, they've... and so... and that's all I am offering. But I am so glad that the people over there did not do like the people did where Joe Robbie Stadium is. They did not wait until the stadium got to the stages where you could not stop it. And then they had to go. The Mathesons said, hey yeah, you put nine million dollars ($9,000,000.00) in it, but we told you not to put the nine million dollars ($9,000,000.00) in it. We told you from day one we we're going to court. And the County went ahead and spent nine million dollars ($9,000,000.00) with Matheson telling them I am going to fight you. So they knew, J. L., from day one that it was a risk. So I am not jeopardizing the risk that they took on their own. Commissioner Plummer: Miller, there's, you know... I just didn't want to be... a finger pointed and saying if you hadn't of stuck your nose in we could have been successful. And I guess really what I am really doing is CYA on the record. OK. _ Commissioner Dawkins: Well, you do that every day, come on, I mean, give me a break. Commissioner Plummer: Ain't nothing wrong with that booby. Commissioner Dawkins: No. Nothing. Commissioner Plummer: That's why I've lasted 21 years. Commissioner Dawkins: And I hope you make 21 more. 31 May 28, 1992 Commissioner Plummer: I am not sure about that. '- Commissioner Dawkins: I hope you do. I am going to vote for you anyway. Mayor Suarez: The system will not be able to stand another 21 years. The system is not designed... Commissioner Dawkins: OK. The second one. Mayor Suarez: ...for 42 years of... Commissioner Dawkins: The second one I will... Mayor Suarez: ...my colleague on the left. Commissioner Dawkins: The second one... k Commissioner Plummer: Hey, let me tell you. _ Commissioner Dawkins: ...I am really going to really need the City Attorney on. —_ Commissioner Plummer: You know, the longest term of a man 1n the State of — Florida,... Vice Mayor Alonso: Yeah. We already called the roll. = Commissioner Plummer: ...I got a long way to go. It was 44 years. - Mayor Suarez: Oh, my Lord. - Commissioner Plummer: Yeah. Sarasota. Mayor Suarez: So he really is... Commissioner Dawkins: On the City of Miami? Commissioner Plummer: No. Sarasota. Mayor Suarez: He is really contemplating that. All right. Commissioner Dawkins: OK. I got one more... Mayor Suarez: We have a motion. - Commissioner Dawkins: I have one more pocket item. Mayor Suarez: OK. Commissioner Dawkins: I going to need... _= Mayor Suarez: Let's vote on your prior one, please. 32 May 28, 1992 Commissioner Dawkins: OK. Mayor Suarez: Call the roll. Commissioner Dawkins: OK. I am sorry. Thank you. Commissioner Plummer: I thought we did call the roll. Commissioner Dawkins: I voted yes. Vice Mayor Alonso: She said we already did. Ms. Matty Hirai: We have called the roll, Mr. Mayor. Mayor Suarez: All right. Commissioner Dawkins again. 4. EXPRESS INTENT OF CITY COMMISSION THAT ALL COMMISSION APPOINTMENTS TO BOARDS, COMMITTEES, AGENCIES, TRUSTS, ETC., WHICH REPRESENT THE FULL COMMISSION, SHALL BE AFFIRMED BY THE COMMISSION. Commissioner Dawkins: Mr. City Attorney. Mr. Jones: Yes. Commissioner Dawkins: The last time we were here we asked you if the Mayor had the right to appoint people to a committee. You waffled back and forth. You never said yes and you never said no. So, therefore, I would like to pass a resolution which says, "a resolution expressing the intent of the Miami City Commission that all City Commission appointments to boards, committees, agencies, trusts, or other related entities, wherein the appointee 1s authorized to represent the City Commission be affirmed by a majority vote of said Commission." I so move. Mayor Suarez: So moved. Vice Mayor Alonso: Second. Mayor Suarez: Seconded. Commissioner Plummer: I don't think I have a problem, but let me look at it please. Commissioner Dawkins: Of course. Commissioner Dawkins: I don't have a problem either, see, but the City Attorney didn't... He waffled on it. Commissioner Plummer: Well, let me ask some questions. Commissioner Dawkins: Yes, sir. 33 May 28, 1992 - Commissioner Plummer: OK. I serve on a committee, Bayfront Park Trust. Is that mean... I assume I represent the City. That means that the Commission would authorize my being on that board or not? Commissioner Dawkins: That means that we could authorize it by voting three members of the Commission, or three members vote against you. That's what I am saying. Yes or no. Commissioner Plummer: OK. I don't think I have any problem with this. Mayor Suarez: OK. We have a motion and a second. Any discussion? If not, please... Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 92-345 A RESOLUTION EXPRESSING THE INTENT OF THE MIAMI CITY COMMISSION THAT ALL CITY COMMISSION APPOINTMENTS TO BOARDS, COMMITTEES, AGENCIES, TRUSTS, OR OTHER RELATED ENTITIES WHEREIN THE APPOINTEE IS AUTHORIZED TO REPRESENT THE CITY COMMISSION BE AFFIRMED BY A MAJORITY VOTE OF SAID COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 34 May 28, 1992 ---------------------------------------------------------------------------- = 5. APPROVE FISCAL YEAR 1991-92 BUDGET FOR SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT TAX INCREMENT TRUST FUND -- INSTRUCT MANAGER TO SEEK METRO DADE COUNTY'S APPROVAL OF SAID BUDGET. ------------------------------------------------------------------------------ Mayor Suarez: Item 3. Fiscal year 1991-92 budget. Commissioner Plummer: Move it. Mayor Suarez: Moved. Do we have a second? Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-346 A RESOLUTION, WITH ATTACHMENT, APPROVING THE ATTACHED FISCAL YEAR 1991-1992 BUDGET FOR THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT TAX INCREMENT TRUST FUND; INSTRUCTING THE CITY MANAGER TO SEEK APPROVAL OF SAID BUDGET BY METROPOLITAN DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 35 May 28, 1992 ------------------------------------------------------------------------------ 6. ACCEPT BIDS: (a) J. BALSERA SCHOOL BUS SERVICE, AND (b) MANOLO SCHOOL BUS SERVICE -- FOR FURNISHING BUS TRANSPORTATION FOR THE 1992 RECREATION SUMMER PROGRAM (Parks and Recreation Department). ------------------------------------------------------------------------------- Mayor Suarez: Item 4. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Question. Not particularly related to this program, but... What do we have... What is the total funding for summer recreation programs in the City? - if anybody has that. This is just for transportation, right? Commissioner Dawkins: Yes. Mr. Sergio Rodriguez: I need to get that from you, Mr. Ruder or Mr. Lee. Mayor Suarez: I presume this for Citywide... All the programs? Mr. Rodriguez: Yes. Mayor Suarez: Yes. Yes. Strong yes, or yes I think so... Mr. Rodriguez: Yes, you presume that. Mayor Suarez: ...but I am not to sure. Mr. Rodriguez: Yes, you presume that. Mayor Suarez: I presume that, right. Mr. Rodriguez: Mr. Ruder will answer that question. Mayor Suarez: Give me just a bird's eye view of all the summer... You know where I am headed. I am worried, still, about that day camp over Belafonte Tacolcy, and I am trying to figure out where we get all the monies, and how much we're spending for what this summer for recreation purposes. Mr. Alberto Ruder: OK. I would just say off the top of my head probably the budget is about four hundred thousand dollars ($400,000.00). And as you know... Mayor Suarez: And how many kids are served roughly, Al? Mr. Ruder: About three thousand (3,000). 36 May 28, 1992 Mayor Suarez: OK. In all of them will be bused through this allocation here? Mr. Ruder: Yes. Mayor Suarez: How many take advantage of this? Do you have any idea of the participants? Fifty percent, some drive themselves, some... Commissioner Plummer: Oh, yeah. Mr. Ruder: Yeah. We have summer camps and regular summer recreation programs. They all have an opportunity to participate in these bus trips which involve field trips... Mayor Suarez: Oh, these are specific field trips to... Mr. Ruder: Well, field trips or Olympic competitions in a particular park where they're bused from different parks to one central location. And the learn to swim programs which have been very successful at all the parks where we have pools. Mayor Suarez: OK. Let me vote on this. Obviously these are contract... Is this similar to other years, what we've done? Vice Mayor Alonso: Yes. Mr. Ruder: Yes. Mayor Suarez: OK. Let me vote on this and let me ask you then about other funds available, somehow, to try to do something about the Belafonte Tacolcy Program. Vice Mayor Alonso: You have, in the backup, something about the insurance. It has been verified and we have no problems. Is that it? Mr. Ruder: The insurance when bids are issued... (RINGING NOISE) Commissioner Plummer: Who the hell's got... Wait a minute. Can we get this mobile. Just take the purse out, please. Thank you. Mr. Ruder: OK. The insurance, once you pass this resolution, the recommended companies will have to show that they have the proper insurance. The bid specifies a level of insurance that is require, but, obviously, we cannot make them buy the insurance unless they know that they.... Vice Mayor Alonso: Yeah. You do it afterwards... Mr. Ruder: Yeah. Vice Mayor Alonso: ...so they have the opportunity... Mr. Ruder: Yeah. Sure. 37 May 28, 1992 Vice Mayor Alonso: ...to know they have... Mr. Ruder: So they know they have the contract. Yeah. Vice Mayor Alonso: ...been awarded so they don't invest... Mr. Ruder: Yeah. Right. Vice Mayor Alonso: ...in something that they don't need. I understand. OK. Mayor Suarez: OK. We have a motion and a second. Please call the roll. Commissioner Plummer: Yes, sir I moved it. Mayor Suarez: If there's no further discussion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-347 A RESOLUTION ACCEPTING THE BIDS OF J. BALSERA SCHOOL BUS SERVICE IN THE AMOUNT OF $29,360.00 AND MANOLO SCHOOL BUS SERVICE IN THE AMOUNT OF $5,220.00 FOR THE FURNISHING OF BUS TRANSPORTATION FOR THE 1992 RECREATION SUMMER PROGRAM TO THE PARKS AND RECREATION DEPARTMENT FOR A TOTAL PROPOSED COST OF $34,580.00; ALLOCATING FUNDS THEREFOR FROM THE 1992 OPERATING BUDGET ACCOUNT CODE NO. 580301-530 ($22,605.00) AND ACCOUNT CODE NO. 580211-530 ($11,975.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor Be Yurre COMMENTS MADE DURING THE ROLL CALL: Commissioner Dawkins: I don't know I don't like the guy who got the bid. I may vote no. Commissioner Plummer: So shoot him. 38 May 28, 1992 0 Ah Commissioner Dawkins: Yes, yes. ---------------------------------------------------------------------------- 7.(A) DIRECT ADMINISTRATION TO DRAFT A REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL SERVICES FOR THE OPERATION AND MANAGEMENT OF THE BELAFONTE TACOLCY CENTER, INC. (B) STIPULATE THAT CITY OF MIAMI WILL PARTICIPATE AND FUND THE BELAFONTE TACOLCY SUMMER YOUTH PROGRAM ON A FIFTY-FIFTY BASIS WITH METROPOLITAN DADE COUNTY (monies to be allocated from the Law Enforcement Trust Fund) . ------------------------------------------------------------------------------ Commissioner Dawkins: Mr. Mayor I agree with... Mr. Bailey, the Mayor has a concern and I have a concern. Would you come to the mike please, sir? Two or three years I've been asking you to put out an RFP (request for proposals) for the management of the Tacolcy Center, and for two or three years we have not done it. Could you explain to me why we have not done it, Mr. Bailey, please? Mr. Herb Bailey: I don't think I have an explanation, Commissioner. I was working on it. It's probably just one of those things that fell through the cracks. We have the current team there. They've been negotiating and lobbying, and we just did not put it out. Commissioner Plummer: The cracks around here are getting bigger, and bigger, and bigger. Mr. Bailey: Yeah. I do recall your having brought that up, and I recall Commissioner De Yurre having some concern about it, and I've had many discussions, and I just never did get it out to RFP. Does this Commission wish for us to put it out for an RFP? Commissioner Dawkins: Mr. Mayor, if we had put out an RFP then we would have a budget for this place, and we would have operational expense. We just... But the way we are doing it, Mr. Mayor, is we're just doing it piece meal and we're not servicing the need. So I would like to make a motion that we've got... Because the Mayor and I just said we've got to find some money to do something. But I would like an RFP out by September. Mr. Bailey: On Tacolcy? Commissioner Dawkins: On Tacolcy, put out an RFP on operation, management, and whatever that they are doing and the people... and it would be open to everybody, including the people there, to operate Tacolcy. Mr. Bailey: There is some political concern by the community that an RFP, you know, would be a little difficult, but... Commissioner Dawkins: OK. All right. All I have to say... Mr. Bailey: ... we'll let you bring it... 39 May 28, 1992 NMI I r - Commissioner Dawkins: ...all right. Let me be a bad fellow. I don't mind being a bad fellow. Mr. Bailey: All right. OK. R Commissioner Dawkins: OK. You either put a RFP out, and the City of Miami funds it, or the political people in the community, they fund it. I don't l=- have a problem with it. Mr. Bailey: We'll put out an RFP if you want that. Commissioner Dawkins: OK. Thank you. Mr. Bailey: By September 1st... meaning this September? Correct? Commissioner Dawkins: No, Mr. Bailey, whatever is convenient because I know you... See, I am being unfair to you. You ain't got no damn body working for you. Everybody has been retired, or they've been put in the NET (Neighborhood Enhancement Team) program. You all ain't got nobody. OK. So whatever... whenever you can get it, will be all right, sir. Mr. Bailey: We'll try to get it by September. (RINGING NOISE) Commissioner Plummer: Who the hell has this damn telephone? Well, would you turn it off? Well, bring it here I'll put it in a bucket of water. I'll take care of it. My Godl Mayor Suarez: In the meantime... Yes, officer, would you please? And, Mr. Gonzalez-Goenaga, we appreciate your political preferences but they are not supposed to be placed on... Mr. Manuel Gonzalez-Goenaga: Oh... I'm sorry. Mayor Suarez: There you go. There you go. Mr. Gonzalez-Goenaga: I sorry. Mayor Suarez: I don't really think you are, because if you were, you wouldn't have done 1t in the first place. Now... Commissioner Plummer: Wait a minute. Where can I buy one is what I want to know. Commissioner Dawkins: I'll pay you... I'll buy that one for J. L. How much it costs? Commissioner Plummer: Well, tell her to drown her and the damn phone. Mayor Suarez: He will give it to you for free I am sure. Commissioner Plummer: You can get it for free? !I7 May 28, 1992 4 -4 Mayor Suarez: Commissioners, let's focus, if I may, and I know this 1s not what I'd like to do, procedurally. This request from Belafonte Tacolcy came in just in the last couple of days. Actually, I think, it came in like a day before the last Commission Meeting, which was only, it seems like a week ago, but, I guess it was two weeks ago. They've got a program for 250 kids. It needs sixty-two thousand dollars ($62,000.00). I am inclined to figure out a way to get the County to maybe come up with half of that money. What we've got is a school system that is cutting back on summer programs, educational programs. We've got that many more kids in the streets with nothing to do, and these Belafonte Tacolcy folks were planning a day camp for 250 students. I have not identified any money and, of course, other than saying that we should try to come up with private monies, which is what I've told them I would try to do, and I am sure this Commission would like to help in that. Is there anything, Mr. Assistant City Manager and Commissioners, that you would like to do by way of instructing the Administration to do its best to see if there's any discretionary funds, anywhere, that could be used to do some sort of a match, and try to get these 250 kids into that day camp. And in answering that question, Al, or... Vice Mayor Alonso: How much do they need? Mayor Suarez: Well, it's sixty-two total. Six -two thousand, half of which would be thirty-one. Commissioner Plummer: Sixty-one, three twenty... Vice Mayor Alonso: The total plan? Commissioner Plummer: Yeah. Mayor Suarez: I've spoken to the office of Mayor Clark, and I just, a couple of minutes ago, spoke with Commissioner Teele and I think that they would try to do something. I am not going to commit them because they're also in session today. Is there any funds, anywhere, that we can try to identify for this? Al, I know we called your office, and I think you were going to check with Community Development. Is there anything, anywhere, that can be used? Mr. Alberto Ruder: Yeah. You know, we already give them ninety-three thousand a year from our budget. Mayor Suarez: For the whole year's operation. Mr. Ruder: For the whole year's... Mayor Suarez: Why don't you have that mike... so we can hear you? Mr. Ruder: For the whole years operation. Mayor Suarez: You're a soft spoken guy, as it is, and when you... Mr. Ruder: Yeah. For the whole year's operation we give them ninety-three thousand dollars ($93,000.00). Mayor Suarez: For the whole year. ! 41 May 28, 1992 Mr. Ruder: And I talked to them after you called me and I think they're also trying to get County funds. -' Mayor Suarez: Right. _1 r Mr. Ruder: They get funding, as you can see from the letterhead, from other organizations like United Way, and I am not sure how many others, but I } certainly don't have anything in my budget beyond... I am trying to help them j now just with the capital improvements that they need, which is the source of 1 another letter, so... 1 Mayor Suarez: Where's Lieutenant Longueira? }� Commissioner Plummer: Uh oh. Here goes the Law Enforcement Trust. t Mayor Suarez: And the two Assistant Chiefs that are here. Any chance that we could railroad this through the Law Enforcement Trust Fund? Commissioner Plummer: Sure we can. Joe, here you want to see it? It's -, Tacolcy Sumner Program, sixty-two thousand. Mayor Suarez: Why don't I give you all those documents. I wouldn't want to have to... If we could somehow identify at least a portion of that to come from LETF (Law Enforcement Trust Fund). I'll have to call a special session. =} I guess we could... - Commissioner Plummer: No, you can do the... Mayor Suarez: ...act on it on June 11th and it still... Commissioner Plummer: You can do the whole thing. Mayor Suarez: Yeah. Well, hopefully, the County would match it. You know, we always want to get as much as we can out of the County. —� Mr. Ruder: Yeah. I believe they have asked the County already, but they haven't heard back. 41 Commissioner Plummer: Well, my problem with that, which I have just seen for the first time, is 25 percent of it is administrative. I've got a problem with that. That's high. Mr. Ruder: Yeah, I haven't seen... Mayor Suarez: With a proviso that the administrative costs should be reduced to no more than 10 or 15 percent. Although I... When they say administrative it may be, a lot of it may be the counselors. You need a lot of counselors for the kids. Commissioner Plummer: They're showing it as administrative. Mayor Suarez: Tell you what. Does it indicate there when the program begins? We could possibly have it for the June 11th agenda. 42 May 28, 1992 i Mr. Ruder: No. It doesn't. ■ Mayor Suarez: OK. Does the Commission want to take even a consensual motion -i to... you know... =� Commissioner Plummer: Why don't you do this? Why don't you put forth that we, the City, commit up to 50 percent, not to exceed 50 percent, from the Law Enforcement Trust Fund? " - Mayor Suarez: If the Chief recommends it and otherwise... '— Commissioner Plummer: No, no, no. Let's don't go through this again. w _ Mayor Suarez: That's just to meet with State law. That's all. Commissioner Plummer: No, because, you know, I am ready to turn everything else down. - - Mayor Suarez: The State law says the Chief recommends, the Commission approves. =( Commissioner Plummer: Hey. Let the Chief be aware. Mayor Suarez: All right. However you want. Hey, I don't have any problem = with the way you want to word it. - Commissioner Plummer: I don't care. Mayor Suarez: All right. Vice Mayor Alonso: Let's move that it's done this way. Commissioner Plummer: How you want to do it? Mayor Suarez: Thank you. Vice Mayor Alonso: To... With the recommendation... We need the =- recommendation actually. Legally we have to go through that so he wi11 get the message. Mayor Suarez: With all... we'll do 1t this way so... Commissioner Plummer: Well, you want a motion that says that the City of - Miami will participate in the Tacolcy Sumner Program in an amount not to _i exceed 50 percent from the Law Enforcement Trust Funds of the City of Miami. x: Mayor Suarez: All right. So moved. { Commissioner Dawkins: What's the total amount? Mayor Suarez: It's sixty-two thousand total. i Commissioner Plummer: I don't know. Not to exceed 50 percent of the total. 43 May 29, 1992 Mayor Suarez: Fifty percent would be thirty-one. Fifty percent would be thirty-one, Miller. Vice Mayor Alonso: Of sixty-two thousand. Mayor Suarez: All right. Moved and seconded. Any further discussion? If not, please call the roll. -- The following resolution was introduced by Commissioner Plummer, i who moved its adoption:_ RESOLUTION NO. 92-348 h= A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE "— BELAFONTE TACOLCY SUMMER YOUTH PROGRAM AND ALLOCATING'�- FUNDS THEREFOR, IN AN AMOUNT NOT 1.0 EXCEED $31,000, %— FROM THE LAW ENFORCEMENT TRUST FUND, CONTINGENT UPON =- `= THE RECOMMENDATION OF SUCH EXPENDITURE BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) — - Upon being seconded by Vice Mayor Alonso, the resolution was passed and _ adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Suarez: Joe, I would like to meet with the Chief about that and explain -" how all this happened. I don't like to throw things, at the last moment, to =il the Commission, to the Chief or anyone I think that it was a program that was, obviously, hatched up at the last moment, but I think in view of the way = —" things are going in other parts of the Country, and in view of the school system, turning, you know, reducing its summer educational programs, the least we could do is go through extraordinary processes like this to try to get the = kids occupied in the summer. _ Commissioner Dawkins: Yeah, but you know... I agree with the Mayor but you -; see. Everybody who is losing money is going to be running here, and I wonder =j if we are going to do this every time somebody comes here, because... Commissioner Plummer: Yeah. Commissioner Dawkins: ...everybody in the City of Miami, the schools are being closed, there will be no money. And everybody... 44 May 28, 1992 4 (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Dawkins: Yes. And everybody... Commissioner Plummer: And let me tell you it's going to get worse. Commissioner Dawkins: ...going to be here telling me that, you know... Mayor Suarez: I think he's already gone through Law Enforcement Trust Funds, j don't believe him. i Commissioner Plummer: It's going to get worse. Commissioner Dawkins: Yep. Mayor Suarez: All right. Thank you Commissioners. Item... --� Vice Mayor Alonso: They gave him the money, didn't they? Mayor Suarez: I think he's gotten a lot of money. He looks very well dressed to me. ------------------------------------------------------------------------------ 8. AUTHORIZE FUNDING OF DOWNTOWN MIAMI INFORMATION OFFICERS PROGRAM -- ALLOCATE $20,000 (Law Enforcement Trust Fund). _ ------------------------------------------------------------------------------ Mayor Suarez: OK. Item 5. Commissioner Dawkins: Is it 5 or... Mayor Suarez: Authorizing the funding of downtown Miami information officers program in allocating funds therefore. Commissioner Plummer: Are they using a sworn officer? - Commissioner Dawkins: Of course. i Commissioner Plummer: Then I am not voting for it. It's not a sworn officer, it's a civilian. — Vice Mayor Alonso: No. It's not. _ Commissioner Plummer: It's a civilian. Vice Mayor Alonso: I will vote that the... Commissioner Plummer: What? - Unidentified Speaker: Only police are going to be used for training. 45 May 28, 1992 Commissioner Plummer: What is the person in this officer's program going to be. Lt. Joseph Longueira: They're students as far as I understand. Commissioner Plummer: That's fine. I'll move it. Mayor Suarez: So moved and seconded by the Vice Mayor. Call the roll. Mr. Manuel Gonzalez-Goenaga: Just a comment. Mayor Suarez: I guess we're past four o'clock. Go ahead. It's not a public hearing but go ahead Mr. Gonzalez-Goenaga. Mr. Gonzalez-Goenaga: Well my only comment, distinguished Commissioners. Mayor Suarez: Here we go. Mr. Gonzalez-Goenaga: First of all, as a respect to the citizens and everybody that is watching the TV. I wonder if Mr. De Yurre has excused himself of being present today. Mayor Suarez: Mr. De Yurre may or may not be here as he chooses, sir. We have a quorum. Proceed to tell those of us who are here whatever it is you want to tell us. Mr. Gonzalez-Goenaga: Well I, for the first time, I am in accordance with this system. This system is not innovative. This system has been working for a long time in Puerto Rico, especially in San Juan. And it should include lieutenant... our police... boys and girls. And when you want innovative ideas about investigations in the Police Department, and in the... I will be more than willing, without charging or special fees, to advise the Police Department and these honorable, virtuous Commissioners of something that is being done in the investigations of the Police Department of Miami, like internal affairs to expedite investigations like the stealing by the Police Department themselves of a hundred and fifty thousand dollars ($150,000.00). I was reading a letter by the Chief of Police that the investigation is still going on. I wonder how long an investigation has to last, and I hope to cover this in police brutality, my personal appearance, part 2, which I requested about two months ago and I am not yet on the agenda. Thank you very much. Mayor Suarez: Thank you, sir. Item 6. Mr. Sergio Rodriguez: Item 6, as you know,... Sorry. Unidentified Speaker: I don't think they voted on 5. Mayor Suarez: Who do we need to appoint? A. Quinn Jones III, Esq.: Did you vote on 5? Mr. Rodriguez: Excuse me. Was the vote on 5? Commissioner Plummer: Did you call the roll on 5? 46 May 28, 1992 Ms. Matty Hirai: No, sir. _ - Mayor Suarez: Call the roll on 5. The following resolution was introduced by Commissioner Plummer, who _- moved its adoption: RESOLUTION NO. 92-349 A RESOLUTION AUTHORIZING THE FUNDING OF THE DOWNTOWN -' MIAMI INFORMATION OFFICERS PROGRAM AND ALLOCATING ,- - FUNDS THEREFOR, IN THE AMOUNT OF $20,000, FROM THE LAW ?{ :i ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN { f APPROVED BY THE CHIEF OF POLICE. 3— (Here follows body of resolution, omitted here and on= - file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso = Mayor Xavier L. Suarez NOES: None. _ -� ABSENT: Commissioner Victor De Yurre 9. DISCUSS AND DEFER PROPOSED RESOLUTION TO APPOINT INDIVIDUAL AS CITY REPRESENTATIVE TO METRO DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT = - REVIEW COMMITTEE. ------------------------------------------------------------------------------ Mayor Suarez: Item 6. Mr. Sergio Rodriguez: Item 6 is an appointment to the Dade County Shoreline Review Committee. You made an appointment in February. The person had a conflict of interest because he's a member of another board. So this time you have an appointment that you can make. I don't know whether you have any person in mind at this point. In the past, you have made an... Mayor Suarez: Do you have any suggestions, Sergio? Mr. Rodriguez: I would suggest that we ask the landscape architect... that we ask the American Institute of Architects and the American Society of Landscape Architects to submit names to you for your... 47 May 28, 1992 Commissioner Plummer: Well, wait a minute. Commissioner Dawkins gave us a name. Mr. Rodriguez: Yeah, but the problem is that the person had a conflict. Commissioner Plummer: This person? Mr. Rodriguez: This person had a conflict because he's serving on another board in the County. Commissioner Plummer: Oh. OK. Mr. Rodriguez: So, 1f you don't mind we can write to the AIA (American Institute of Architects) and the... Mayor Suarez: Can we pass a resolution letting the chairman of the AIA choose the person? We certainly know who he is and we trust him and he's in our... Mr. Rodriguez: I think you that might want to accept it right at the end of confirming him, just in case. It's up to you. Mayor Suarez: Real cute. Effi- Mr. Rodriguez: But I was planning to write to the AIA,... = Mayor Suarez: All right. Mr. Rodriguez: ... to the Cuban AIA and the ASLA (American Society of -' Landscape Architects). Mayor Suarez: So what you're telling us is that we would have to confirm. Let's seek a nomination by the AIA, or the architects, and unless anyone has any other nominations. Because... Mr. Rodriguez: Unless you have a person in mind. _ Mayor Suarez: You don't have anyone in mind that lives in the City, for =_ example, and that's an architect that we haven't appointed to anything? Commissioner Dawkins: I'll get you one. Mr. Rodriguez: I do. -i Mayor Suarez: All right. Maybe we'll have it by the end of the session. -' Commissioner Dawkins: I'll get one. Mayor Suarez: OK. �i Mr. Rodriguez: OK. —i Commissioner Dawkins: When do you need it? = i Mr. Rodriguez: Any time. _ 48 May 28, 1992 = 11 Commissioner Dawkins: All right. Mayor Suarez: OK. I'll have him or she. 10. URGE GOVERNOR LAWTON CHILES TO CONSIDER NOT ONLY THE INTERESTS OF ONE SEGMENT OF THE STATE (SCHOOL SYSTEM) BUT THE NEEDS OF ALL CITIES IN SOUTH FLORIDA IN CONNECTION WITH HIS PRESENT TAX PROPOSAL. Mayor Suarez: Item 7. Commissioner Plummer: Item 7. Mr. Mayor, I asked that, that be put on there. I am extremely concerned that the Governor of the State of Florida is proposing a tax plan of what he calls an investment. I really don't know for whose investment he's making that plan. And what he is proposing is to eliminate all of the exemptions, or most all of the exemptions of the sales tax and cutting the school tax, ad valorem school tax, in half. Nowhere can I find where the Governor has stated that in reducing the sales tax from six percent to five, that he will guarantee that it won't go back to six within one year, two years, or three years. I find nowhere within that proposal that the school board would be restricted from increasing their millage. But, more importantly, I am concerned about my City. Nowhere do I find that in the Governor's plan is there ten cents to help the cities of the State of Florida. In a study which was done, not by a city, but by the University of Florida, it stipulated that within the year 2000, Mr. Mayor, twenty-eight percent of the cities in the State of Florida are going to be bankrupt. Mayor Suarez: Who said? Commissioner Plummer: The University of Florida study. OK? Now, we heard about this magical wand called the Lotto. That was going to address the needs of education beyond the year 2000. What happened to that magical wand? What happened to reducing the sales tax? All of these things... Mr. Mayor, what I am saying is that I think this Commission needs to go on record loud and clear that, Mr. Governor, if you're thinking about helping, you cannot help just one segment of this State. The cities of this State are hurting, and hurting bad. You saw, Mr. Mayor, the major mayors of the states' cities of the United States who marched in Washington to bring about some recognition of the problem that the cities are experiencing all over the United States. The administration in Washington today can find five hundred and fifty billion dollars to bail out the savings and loans. They can find the money to bail out Russia, but they can't find the money to help the cities of the United States? This is not a political statement I'm making. The political aspect of the statement that I'm making, a motion that 1 think would be appropriate to the Governor of the State of Florida. Mr. Governor, if you're going to help one segment of this State, I think that you have an obligation to help the cities which are hurting just as bad as the school system. And, Mr. Mayor, I would offer that in the form of a motion. Mayor Suarez: So moved. 49 May 28, 1992 Commissioner Plummer: If somebody agrees with me. Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? Commissioner Dawkins: Under discussion. J.L., I agree with you, but much of the inferences must be placed with the national administration. I agree with you. We give money to everybody who does not have a birth certificate in America. Commissioner Plummer: Oh, ohl Commissioner Dawkins: Now, if you've got a birth certificate, you don't get it. But you just go anywhere outside the United States of America and ask for money, and you got it. Ten billion to Israel. Eight billion dollars write- off to Egypt. Sixty-five million dollars for the Haitians in Guantanamo Bay. You just keep naming them. And this government, this President flies all over the country saying what a hell of a nice job he's doing in foreign policy and the domestic policy is going to hell. Commissioner Plummer: Well, Mr. Dawkins,... Mayor Suarez: That was the thrust of the mayors march, precisely. Commissioner Plummer: Were you with them? Mayor Suarez: Yeah. I got sick, but I participated in a national telecast on it and that was precisely the... Commissioner Plummer: Well, the only thing I'm saying is I'm addressing the immediate, which is the State of Florida. The State of Florida is where I think we have to make our voice known, that we are concerned, and we're just as concerned as the school boards are concerned. And I think that the counties are concerned, that when they take all of this money up to Tallahassee and launder it back out, that's where we come up on the short end of the stick. There's no question that each day that goes by, this City, like any other major city, is having more difficulty in finding, costs are rising, revenues are decreasing. In the business world, that spells one thing in a matter of time. I think we have got to tell the State of Florida, we are concerned, you're going to help, you're going to help everybody. Mayor Suarez: All right. So moved and seconded. Any further discussion? If not, please call the roll. 50 May 28, 1992 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-350 A RESOLUTION EXPRESSING TO GOVERNOR LAWTON CHILES THE CITY COMMISSION'S CONVICTION THAT ANY TAX PROPOSAL ADOPTED BY THE LEGISLATURE MUST AID THE CITIES AS WELL AS OTHER SEGMENTS OF GOVERNMENT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miriam Alonso ------------------------------------------------------------------------------ 11. REFER TO STREET CODESIGNATION REVIEW COMMITTEE REQUEST BY MS. LESLIE COOPER, PRINCIPAL OF ST. FRANCIS XAVIER SCHOOL, TO CODESIGNATE A PORTION OF N.W. 4 AVENUE AS: ST. FRANCIS XAVIER AVENUE. Mayor Suarez: Item 8. Ms. Cooper. You had initially requested this appearance based on the disappearance of the school which now is not going to happen. But I gather that you want to do it in any event, and it's a short stretch there of property that we're talking about? Ms. Leslie Cooper: Yes, Mayor. My name is Leslie Cooper, I'm principal at St. Francis Xavier School at 1698 N.W. 4th Avenue. Mayor Suarez, I made this request, whether the school was going under or not. Mayor Suarez: Actually it's just as important, and if not more now that it's going... Ms. Cooper: It is important because the church was there before the school, and St. Francis Xavier School was founded in 1935, whereas the church was founded way before that, and by the members of the black community who recognized potential for education as a tool for evangelization and social change. The history of St. Francis Xavier School has been best articulated by black leadership, and St. Francis Xavier has gone through many changes, or has seen many changes in the area of Overtown. It has seen I-95, Interstate 95, 51 May 28, 1992 State Road 836, Interstate 395, Metrorail, and now Metromover. In the event that anything else comes through Overtown, St. Francis Xavier would like to establish further ground by making a name change of N.W. 4th Avenue to St. Francis Xavier Avenue, and it is just a small block between N.W. 17th Street and perhaps, N.W. 15th Street. Mayor Suarez: It's kind of the back of the community center, there, the shopping center. Ms. Cooper: In the back of the Culmer / Overtown Center. Exactly. Mayor Suarez: Right. It doesn't even... Ms. Cooper: And I have looked at the area. It is owned, the surrounding area is County property, rental property and City property, and there should be no argument from either... _ Mayor Suarez: You understand that the maintenance and all of that is the responsibility of the group that is proposing the naming? Ms. Cooper: Well, no one cleans the street anyway. Mayor Suarez: The sign. The sign. The sign. Vice Mayor Alonso: That's not what you will have. The sign. Not the maintenance of the street at all. Ms. Cooper: The sign. Mayor Suarez: Just the sign. Ms. Cooper: Oh, sure. I'm sure that's not going to be any problem. Vice Mayor Alonso: I will move that we approve. Mayor Suarez: So moved. Ms. Cooper: Thank you. Commissioner Plummer: And how... Let me ask this question. How long is 1t being proposed for? Fourth Avenue runs all the way to... Mayor Suarez: It's about a block and a half. Ms. Cooper: Sure. Mayor Suarez: Because it ends... Ms. Cooper: 4th Avenue is interrupted by 836. Commissioner Plummer: So it's about a block and a half? Ms. Cooper: So it's a small block. Yes. 52 May 28, 1992 Commissioner Plummer: That's fine. Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please call the roll. Is our street codesignation committee... A. Quinn Jones III, Esq.: Yeah, I was about to bring that up. g Mayor Suarez: ... still alive? Does it meet? a Vice Mayor Alonso: When they meet?_ Mr. Wally Lee: Yes, it does, Mr. Mayor. We can get them to meet as quickly as possible... Commissioner Plummer: Once every twenty-three years, if it's important. Mr. Lee: ... to make the recommendation. Mayor Suarez: OK. We technically have to send it to them, but with our strong recommendation, which I think is the import of the motion, I don't think it... — Commissioner Dawkins: When is the event? Ms. Cooper: The event to make the street name change? Commissioner Dawkins: Yes, ma'am. Ms. Cooper: As soon as they give us the flag. I'm sure it could take place any time. I am not a member of St. Francis Xavier Church, I'm only an employee. However, I will plan an extravagant affair. Commissioner Dawkins: Thank you. Vice Mayor Alonso: So it will have to go with a very strong recommendation to expedite this... Mr. Lee: I'll get with Mrs. Cooper now, after the... Vice Mayor Alonso: ... request. Yes. Ms. Cooper: OK. Mayor Suarez: OK. Ms. Cooper: Thank you. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. 53 May 28, 1992 The following motion was introduced by Vice Mayor Alonso, who moved its adoption: MOTION NO. 92-351 A MOTION STRONGLY RECOMMENDING AND REFERRING TO THE STREET CODESIGNATION REVIEW COMMITTEE REQUEST MADE BY MS. LESLIE COOPER, PRINCIPAL OF ST. FRANCIS XAVIER SCHOOL, FOR POSSIBLE CODESIGNATION OF N.W. 4TH AVENUE (ONE SHORT BLOCK). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 12. GRANT REQUEST BY MIAMI HERALD PUBLISHING COMPANY FOR CITY OF MIAMI COSPONSORSHIP OF THE POPS BY THE BAY CONCERT -- GRANT FEE WAIVER FOR USE OF MIAMI MARINE STADIUM. Mayor Suarez: Sam Verdeja, is he here on item 8? and then the Reverend, I guess,... The reason I say I guess is I understood the Commissioner who is not with us, is going to introduce your item, but I think the rest of us are, hopefully, going to be inclined favorably. So I don't think you'd be... Commissioner Plummer: On what? Mayor Suarez: Well, we haven't heard it yet. He's got another Law Enforcement Trust Fund item, I think, which has gone through the process, I believe. No? OK. Mayor Suarez: Item 8. Mr. Sergio Rodriguez: Item 9. Mayor Suarez: Get to that in a second. 9 rather. Ms. Judy Cafiero: My name is Judy Cafiero, Miami Herald. I am representing Sam Verdeja. Mayor Suarez: "Pops on the Bay." How did we do last year? Ms. Cafiero: Oh, very well. — 54 May 28, 1992 -'I Mayor Suarez: We recovered all of our investment and then some? Ms. Cafiero: That's correct, yes. Mayor Suarez: Commissioners, anyone have any problem with the usual involvement? - and the formula, I guess, is such that... Commissioner Plummer: You're asking us for the waiver of the rental of the stadium? Ms. Cafiero: That's correct. Mayor Suarez: Right. That they give us back our fees as they collect them. Commissioner Plummer: The fees, of course, are the fees of the labor? Correct? Ms. Cafiero: That's correct. Um-hmm. Commissioner Plummer: And how much would that amount to, Mr. Manager? Vice Mayor Alonso: Fifteen thousand, isn't it? Mr. Rodriguez: The amount of... Commissioner Plummer: Five thousand per performance,... — Vice Mayor Alonso: Yes. Mr. Rodriguez: Right. Commissioner Plummer: ... is that about correct? Mr. Rodriguez: That will be fifteen thousand total. Commissioner Plummer: And are we getting, how many tickets for any inner -City kids, in lieu? — Mr. Rodriguez: You're getting one hundred and fifty, right? Ms. Cafiero: That's correct. Commissioner Plummer: And the tickets are worth how much? Ms. Cafiero: Twenty-two fifty, I believe, per... There are three levels,... Commissioner Plummer: Twenty-two fifty? Ms. Cafiero: ... but we could check to see which tickets. Yes. Connissioner Plummer: A hundred and fifty at twenty-two hundred would be _ about twenty-two hundred dollars? Three thousand? 55 May 28, 1992 Mr. Rodriguez: Three... - Commissioner Plummer: Look. What I'm saying is, let me put it this way. I would like to vote for it in lieu of whatever the amount is that we're waiving, would be given tickets to be given to inner -City. If it's five —_ thousand we're waiving, then five thousand dollars worth of tickets, and I don't think that'll be a problem because the last couple that I went to, which = were great, there were empty seats. So I think whatever the waiver of the rental amounts to is what we should receive back in tickets for inner -City kids to let them have a great night, especially the one on the 4th of July. That's the greatest one they put on. Who's the other two this year? Ms. Cafiero: Vikki Carr... _ Commissioner Plummer: Right. Ms. Cafiero: And Doc Severinson. '— - Commissioner Plummer: Doc Severinson?I Ms. Cafiero: Yes. Commissioner Plummer: Johnny Carson's loss is our gain. I would move it under the circumstances that the amount of revenue that would have been - produced in rental, which is now going to be waived, that a like amount be = given in tickets for inner -City kids to the discretion of the Administration. I so move. - — Mr. Rodriguez: Mr. Plummer. - Mayor Suarez: Moved. Do we have a second? _ Vice Mayor Alonso: Yes. Mr. Rodriguez: Just let me get the math one second. I think that we are better off with the deal they are offering us. Commissioner Plummer: Well, what is... Now - Mr. Rodriguez: Whatever is best that you might want to do. Commissioner Plummer: Either and/or. - Mr. Rodriguez: OK. — - Commissioner Plummer: OK? Fine. Mayor Suarez: Call the roll. — 56 May 289 1992 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-352 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE MIAMI MARINE STADIUM IN SUPPORT OF THE "POPS BY THE BAY" SERIES TO BE PRESENTED BY THE PHILHARMONIC ORCHESTRA OF FLORIDA, INC., AND THE MIAMI HERALD LEND - A -HAND FUND AS COSPONSORS TO BE HELD AT SAID STADIUM ON JULY 4, 11 AND 18, 1992; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WHICH SHALL CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND APPLICABLE SURCHARGES, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner Victor De Yurre Commissioner Plummer: And, ma'am, I want to tell you that you are much prettier looking than whoever Sam Verdeja is. Mayor Suarez: Sam Verdeja. All right. 13. AUTHORIZE COMMITMENT OF FUNDS IN SUPPORT OF THE AGAPE PROGRAM OF THE SOUTH FLORIDA JAIL MINISTRIES -- ALLOCATE $25,000 (Law Enforcement Trust Fund). Mayor Suarez: Reverend, we'll give you a try if you want to try. If not, you maybe can try at 5:00 p.m. when, presumably, we'll reconvene for Planning and Zoning, maybe we'll have a full Commission. Rev. Jose Hernandez: I'll try now. Mayor Suarez,... Mayor Suarez: All right. Very quickly. =3 57 May 28, 1992 11 Rev. Hernandez: ... Vice Mayor and Commissioners, about eight months ago, last year, I came to you to ask you to see if I could be put in the budget for AGAPE Women's Home. It's a drug treatment program for women. You told me at that time that you did not have any money, but you did request for me to go to sit down with Chief Ross. I did better than that. I invited him to come out to AGAPE and have lunch. He went with one of his assistants, and he was very impressed with the program and he has given us some money, with your permission, to be able to use for these girls that are in need. Mayor Suarez: Is that the item that would be before us? Is it recommended then, Lieutenant? Lt. Joseph Longueira: Yes, sir, it is. Mayor Suarez: All right. Does anybody... Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-353 A RESOLUTION AUTHORIZING THE COMMITMENT OF FUNDS IN SUPPORT OF THE AGAPE PROGRAM OF THE SOUTH FLORIDA JAIL MINISTRIES AND ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $25,000 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed - and adopted by the following vote: AYES: Commissioner Miller J. Dawkins - Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre COMMENTS MADE DURING ROLL CALL: - Vice Mayor Alonso: With pleasure, yes. 58 May 28, 1992 f:- COMMENTS MADE AFTER ROLL CALL: Rev. Hernandez: Thank you very much, Commissioners and Mayor. 14. DISCUSSION CONCERNING CODE VIOLATIONS THROUGH PLACEMENT OF ILLEGAL SIGNS ALONG CORAL WAY. ------------------------------------------------------------------------------ Commissioner Plummer: Mr. Mayor, may I inquire? Two things. Mr. Manager, you sent me, as you... Mr. Mayor, have all of you received... You'll recall that the people came here from the Coral Way about all of the violations that are occurring behind the Coral Way on the street. I hope... Did everybody get a copy of this? OK. I would hope that everybody would get a copy of it. I ask you now, what happened to my request of all of the signs that people are nailing to the banyan trees on Coral Way? Mr. Sergio Rodriguez: The Public Works Department has been requested to remove all the signs which are on the public road. Commissioner Plummer: Are you writing notice of violations to those people who should have no problem, because their address is on it? Mr. Rodriguez: We have been doing that. Commissioner Plummer: OK. Mr. Rodriguez: Specifically, also on private property, we have been sending them notices of violation. Mayor Suarez: And the judicial candidates? Notifying the JQC (Judicial Qualification Commission)? Mr. Rodriguez: Yeah. We have been notifying them, all the judges have been... Commissioner Plummer: Well, you know, let me tell you. Mr. City Attorney,... Mr. Mayor, I might need a resolution on this. Mr. City Attorney, can you tell me why the city of Coral Gables doesn't have any problem enforcing the sign ordinance relating to political signs and we do? Mayor Suarez: Why? Commissioner Plummer: That's what I'm asking. Why? Mayor Suarez: I thought it was a rhetorical question. I thought you had an - answer. Mr. Jones: Hey, that's... I don't know the answer to that. - Commissioner Plummer: Would you find out? 59 May 289 1992 Commissioner Dawkins: All right. Look it up and have it ready at five o'clock. Mayor Suarez: We've got to come back anyway. Commissioner Plummer: Hey, they're down within the hour. And I'd also like to ask the Police Department, is 1t true that we have attained a new high in the City of Miami, and we now have instead of thirty-one cars stolen a day, we now have thirty-eight cars stolen a day? I'd like to know whether or not that rumor is true. Commissioner Dawkins: While you're at it, let me know how many policemen who live in the City of Miami have cars. I know how many don't have. Commissioner Plummer: You mean take home? THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:27 P.M. AND RECONVENED AT 5:05 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER DE YURRE. 15. (Continued Discussion) MAKE LEGISLATIVE FINDING THAT THE CENTER FOR HEALTH TECHNOLOGIES, INC. WILL BE IMPLEMENTING A PROJECT OF GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE I DEVELOPMENT OF CITY -OWNED PROPERTY (MUNICIPAL JUSTICE BUILDING, 1145 N.W. 11 STREET) AND IS THEREFORE EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS (See label 1). Mayor Suarez: Commissioner Plummer, have you more or less satisfied yourself on the CHT (Center for Health Technologies) matter, at least to the point of bringing this to some ...? Commissioner Plummer: Mr. Mayor, I have asked Mr. Bailey to incorporate some language which I feel - and I'm sorry to try to always simplify things... Mayor Suarez: That's all right. God knows, we can use that! Commissioner Plummer: ... but the language that I have basically asked that be inserted is, as you know, my concern about the potential hazardous material, and that it would be inserted in the lease that there would be no occupancy of the premises until a certification is surrendered to the City stipulating that there is no hazardous waste or contamination in the premises to be occupied. The other question that I've asked that be clarified, Mr. Mayor, is in relation to if there is to be subleasing. I've asked that that language be clarified and, other than that, I'm ready to vote favorably on the scenario. And what I would hope this Commission would do, Mr. Mayor, assuming that, that is agreeable with all parties concerned, we would pass the resolution today, giving the Administration 72 hours to clean up the language, and if no Commissioner objects, it is approved, and if one does object, then it would be brought back before the next Commission meeting on June 11th. 60 May 28, 1992 a Mayor Suarez: That's a good mechanism to follow. Commissioner Plummer: Murray, you're a winner! Mayor Suarez: If no one has any problems, it should be self-executing, that's agreeable. Mr. Herb Bailey: That's agreeable. Commissioner Plummer: OK. Mayor Suarez: All right. So moved,... Commissioner Plummer: I'll be happy to move it, Mr. Mayor. Mayor Suarez: ... with those provisos and mechanisms. Vice Mayor Alonso: Second. If Mayor Suarez: Seconded by the Vice Mayor. Any discussion? If not, please call the roll. ,j i i ky ,F i) e =)i y i i 61 May 28, 1992 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-354 A RESOLUTION, WITH ATTACHMENT(S), MAKING A LEGISLATIVE FINDING THAT THE CENTER FOR HEALTH TECHNOLOGIES, INC., (THE CENTER) A NOT -FOR -PROFIT FLORIDA CORPORATION, ESTABLISHED BY THE FLORIDA LEGISLATURE PURSUANT TO SECTION 381,0404, FLORIDA STATUES, AND RECOGNIZED UNDER 501(c)(3) OF THE INTERNAL REVENUE CODE AS A PUBLICLY SUPPORTED ORGANIZATION WILL BE IMPLEMENTING A PROJECT OF A GOVERNMENTAL INSTRUMENTALITY IN ITS PROPOSED USE AND DEVELOPMENT OF CITY -OWNED PROPERTY AND IS THEREFORE EXEMPT FROM THE COMPETITIVE BIDDING REQUIREMENTS SET FORTH IN SECTION 29-8 OF THE CITY CHARTER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR THE USE OF A PORTION OF THE MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145 N.W. 11TH STREET, MIAMI, FLORIDA, FOR A TERM OF FIVE (5) YEARS, AT AN ANNUAL RENT OF ONE DOLLAR ($1.00); FURTHER PROVIDING IN SAID LEASE, THAT IF DURING THE INITIAL TERM, THE CENTER SECURES FUNDS SUFFICIENT FOR THE DEVELOPMENT OF THE PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION, THE LEASED PROPERTY MAY BE EXPANDED TO INCLUDE THE ENTIRE MUNICIPAL JUSTICE BUILDING PROPERTY, AND THE TERM OF SAID LEASE MAY BE EXTENDED FOR A LENGTH OF TIME COMMENSURATE WITH THE REQUIREMENTS OF SAID FINANCING FURTHER PROVIDING THAT IF THE CITY COMMISSION APPROVES SAID EXTENSION OF THE LEASE, UPON THE CENTER PROVIDING EVIDENCE OF HAVING SECURED SAID FINANCING, THE CENTER SHALL COMMENCE PAYMENT TO THE CITY, AS ANNUAL RENT, OF AN AMOUNT EQUIVALENT TO THE REAL ESTATE TAXES ASSESSED ON THE LAND VALUE, IN LIEU OF, REAL ESTATE TAXES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Suarez: On a related, but not integrally related as far as our action, do we have any indication that the State of Florida is really going to adopt 62 May 28, 1992 this as a major project of the State, as other states have done, for biomedical facilities? I mean, that we're going to see them really, really get into this. I can't imagine that the ultimate dream of all of us to have a major research park, an incubator facility and, you know, almost a silicone valley type situation, would ever happen if the State doesn't get involved. Is there anyone taking the leadership? We've talked to the Secretary of Commerce about it, of course, and he said yes, and it's... Dr. Eugene Man: I'm Eugene Man. I'm President and CEO (Chief Executive Officer) . Mayor Suarez: Doctor. Dr. Man: The State of Florida has adopted the concept of technology clusters, and the South Florida area has been designated as a "Health Technology Cluster," which implies that after it's approved - it has been approved as legislation - that funding will be forthcoming. The Department of Commerce... Mayor Suarez: Do they have any idea how much money, Doctor, that we're talking about? Dr. Man: They did not talk about funding. We are getting our funding currently from the federal government. Mayor Suarez: OK. Because, really, the State should go into this and, I -= would think, in a major, major way, if they want this State to... Commissioner Plummer: Where are they going to get the money from? Mayor Suarez: I've got all kinds of ideas, but I guess this is not the place or time. Commissioner Plummer: Well, yeah, I think we've all got all kinds of ideas, including the Governor, whose talking about some kind of an investment. Mayor Suarez: Yeah. Including some things that maybe aren't so important �. as... Commissioner Plummer: I agree with you, sir. Mayor Suarez: All right. Thank you and thank you, counselor. Item PZ-1. Mr. Sergio Rodriguez: Mr. Mayor, before we start with PZ-1... Commissioner Plummer: Mr. Mayor, excuse me. Mr. Dubbin. Murray. I'm willing to do this for you since I've put this other stipulation on you, that = this contract does not start, or does not start its time frame, until such = time as you have surrendered the document that it is hazardous free. That would give you a little bit more time, if you would like that. I would offer that as an amendment. If it takes you 30 or 60 days to get that certification, that your lease starts concurrently with the day that you surrender that, if that'll help you. —a - 63 May 28, 1992 r Murray Dubbin Esq.: I think that would be very fair and would give us the opportunity to do the due diligence that we're going to do. Commissioner Plummer: Mr. Mayor, do you need that as a motion? Mayor Suarez: Run that by me again, please. Commissioner Plummer: The amendment, sir, is to give them the leeway of the lease... Commissioner Dawkins: I've been away, I mean, I've been on this so long - amendment to what? What is the motion? Commissioner Plummer: That their lease would start concurrent with the day that they deliver to us the certification of no hazardous materials. If it takes them 30, 60, 90 days, then the lease starts at the time that they surrender that. Commissioner Dawkins: All right. Suppose it takes a year, 18 months for the certificate to be awarded, then their lease starts 18 months... No, no, no, you stay out of thisl I'm talking to my buddy up here. Commissioner Plummer: How about 90 days? Commissioner Dawkins: I don't know. I'm asking you. Commissioner Plummer: Well, I think 90 days is fair - or six months. It gives them that opportunity to go in and give them more time running. Mr. Dubbin: By the way, may I say, you've been using the expression: "Till it's totally cleaned up." In environmental law, there's no such thing. The question is, how clean is clean? Commissioner Plummer: You'd be out of business. Mr. Dubbin: Well, what I recommend we use is the language which we have discussed which has presently been drafted which means that it poses no threat to health, or hazard to health. Commissioner Plummer: OK. I was just offering that, Mr. Mayor. Do you want that in the form of an amendment? Do you need that as another vote? Mr. Dubbin: That would be helpful. Mayor Suarez: I don't know, I don't know. Commissioner Plummer: OK. I'll offer an amendment to the previous motion that we give them at least 90 days to deliver that certificate to the City and that their lease does not start, or it runs concurrently with the day that, that is surrendered to the City. Mayor Suarez: I guess the City Attorney was saying that, that wasn't necessary because that would be... 64 May 28, 1992 Mr. Jones: You're asking that it be incorporated into the lease. Commissioner Plummer: Just ask that it be incorporated. Mr. Jones: If you want it incorporated,... Commissioner Plummer: However. Well, I mean, I want to do it. Mr. Jones: Well, if you want it incorporated, we can incorporate it. Commissioner Plummer: OK. It's done. Mayor Suarez: So moved. Commissioner Plummer: Thank you. Mayor Suarez: All right. Mr. Dubbin: Thank you. ---------------------------------------------------- [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CUWDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] ----------------------------------------------------- MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of May, 1992, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 5:08 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: _ Commissioner Miller J. Dawkins -= Commissioner J.L. Plummer, Jr. - Vice Mayor Miriam Alonso Mayor Xavier L. Suarez ABSENT: Commissioner Victor De Yurre ALSO PRESENT: Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk 65 May 28, 1992 ------------------------------------------------------------------------------ 16. DISCUSS AND CONTINUE (TO JUNE 11TH MEETING) PROPOSED RESOLUTION CONCERNING THE LANDSCAPING BEAUTIFICATION MASTER PLAN AT BISCAYNE BOULEVARD (BETWEEN N.E. 48 AND 87 STREETS). Mayor Suarez: PZ-1. Mr. Sergio Rodriguez: Mr. Mayor. Mayor Suarez: Yes, the morning item. Mr. Rodriguez: I would like, if possible,... I believe PZ-4 1s going to be... Mayor Suarez: Withdrawn. Mr. Rodriguez: We're going to ask for a continuance because the item is not complete. Mayor Suarez: All right. Is anyone opposed to continuing item PZ-4? That means that we take it up at a later Commission meeting. Is there anyone here to oppose PZ-4, or that does not want it to be considered on another day? Let the record reflect no one stepped forward. Mr. Rodriguez: For June 11th. Mayor Suarez: Who is the applicant? Mr. Rodriguez: It will be for June... We are the applicant. It's a design for Biscayne Boulevard, and we would like to keep on meeting with the neighbors, and they would prefer that we something more complete. Mayor Suarez: And counselor is in agreement with that? Mr. Doug Broeker: We're in agreement with that. I spoke with Bob Drill of the Chamber and Juan Crespi of the Task Force, and we're all in agreement to put it off until June 11th. Mayor Suarez: All right. Mr. Broeker: I wanted you to know the City is doing a great job. We've had four meetings so far. We're about two-thirds of the way through the project. Your people are doing a great job, but we're just not quite finished. Commissioner Dawkins: OK. Well, I would also like to put in the record, this Commission fought with Lehman, and this Commission got the money for what we're doing on Biscayne Boulevard. I don't want nobody to go out and say the City Manager went up to Washington and got the money. The money was provided by William Lehman by being lobbied by this Commission? OK? Mayor Suarez: All right. -4 66 May 28, 1992 Mr. Broeker: Thank you. Mayor Suarez: All right. Do we have a motion to continue that item so we get that... _ Mr. Rodriguez: To June filth. To June 11th. -- Mayor Suarez: June filth. Moved by... Commissioner Plummer: I'll move it. Mayor Suarez: ... Commissioner Plummer. Seconded by Vice Mayor Alonso. Call the roll. Continued to June 11th. THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR ALONSO, THIS ITEM WAS CONTINUED TO THE JUNE 11TH MEETING BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TAML S CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA.] 17. (Continued Discussion) STRONGLY RECOMMEND AND REFER REQUEST BY GARCES COMMERCIAL COLLEGE CONCERNING CHANGING THE REPAYMENT TERMS OF ITS $300,000 LOAN OBLIGATION TO THE CITY TO MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. (MCDCI) (See label 2). Vice Mayor Alonso: Mr. Mayor. Mayor Suarez: Vice Mayor. Vice Mayor Alonso: I'd like to bring back the item from this morning of Garces Commercial College. Mayor Suarez: Miami Capital is around here. Right, Tony? There he is, in case there's any clarifications needed. 67 May 28, 1992 Commissioner Plummer: Where's Tony? Tony, who did you talk to in my office? Mr. Tony Crapp: Sorry. Commissioner Plummer: Who did you talk to in my office? Mr. Crapp: I haven't spoken... Vice Mayor Alonso: Mr. Bustos-Saavedra was the one who made the phone call. Mr. Crapp: Oh, OK. All right. Commissioner Plummer: Oh, OK. Mr. Crapp: I'm not aware of that. Vice Mayor Alonso: He is the person in charge of this... Mr. Crapp: Right. Portfolio manager. Commissioner Plummer: No, it was indicated that you had called my office, and I just wanted to find out who... Mr. Crapp: Oh, OK. All right, sir. Commissioner Plummer: The question that I asked this morning, I think, is really the reason we're back here, as to the collateral that is offered to assure the City of the guarantee of the payment of the loan. that's... Vice Mayor Alonso: Also, I'd like for you to put on the record if it has your recommendation for this extension. Mr. Crapp: OK. Answering Commissioner Plummer's question. First of all, in reviewing the loan agreement, the collateral for the loan that was extended was the accounts receivable and the equipment in the facilities. At the time that the loan was approved, those figures were based upon a June 13, 1985 financial statement, which reflected about eight hundred and fifty-nine thousand dollars ($859,000.00) worth of accounts receivable and equipment valued at two hundred and ninety-two thousand dollars ($292,000.00). Commissioner Plummer: Annual accounts receivable? Mr. Crapp: It was based on the annual financial statement at the time the loan was approved, which was dated June 13, 1985, and the figures... Commissioner Plummer: But is that eight hundred thousand the annual accounts receivable? Mr. Crapp: Yes, sir. Commissioner Plummer: OK. And what is it today? _i 68 May 28, 1992 - e Mr. Gabriel Torres: It's currently a half a million dollars ($500,000.00), Commissioner. Commissioner Plummer: Have you verified that? -_ Mr. Crapp: No, sir. I do not have a current financial statement from the firm. The latest financial statement that I've seen is June 30, 1990. So we would have to get a more current financial statement to verify those figures. Vice Mayor Alonso: What 1s the recommendation of the Miami Capital? Mr. Crapp: OK. The situation that we're in now is that the loan, when it was approved, contained a seven-year balloon provision. The loan payments are set at two thousand seventy-one dollars and seventy-seven cents ($2,071.77), which is based upon a three hundred thousand dollar ($300,000.00) loan, three percent (3%), on a fifteen -year amortization. The loan would normally mature at the end of fifteen years if the payments were made as they are currently structured. However, the loan contained, based upon the approval that the Commission granted at the time, a provision that it balloon at the end of seven years. The company, we notified them back in March that the balloon was coming due in July. They have since informed us that they do not have the wherewithal to make that balloon payment. I think what they're requesting is to continue to be able to make the payments so the loan would normally, would amortize at the end of fifteen years, which is another eight years of payments that they would make at the same payment rate. Commissioner Plummer: Well, she's asked, what is your recommendation? Mr. Crapp: Well, you ask me for a recommendation. I have not... Commissioner Plummer: In effect, it's a new loan is what it is. Mr. Crapp: That's correct. It would be extending a new loan. Vice Mayor Alonso: If it is a new loan, why it came to us? Mr. Crapp: I'm sorry. Vice Mayor Alonso: Why it has to come to us? Mr. Crapp: Well, I think it came to you... Mr. Torres approached you because the loan was granted by the City Commission, and was passed over to Miami Capital for administration. At the time that we had discussions with him, we indicated that Miami Capital could entertain his request, subject to him giving us financial information that we could review so that we could make the appropriate determination because this loan does involve U.S. HUD (U.S. Department of Housing and Urban Development) CDBG (Community Development Block Grant) funds. We'd have to make a determination that whatever we do was appropriate to the needs of the firm, and that we would have discuss that at some point with the City to get their concurrence in terms of any recommendation that we would make. So I imagine that's why we're here. Vice Mayor Alonso: And it was the recommendation, according to what Mr. Bustos-Saavedra told me in representation of behalf of the Miami Capital that it was the recommendation of the Miami Capital to eictend. 69 May 28, 1992 .,..�-.:rl•of.«e+iF+.+aN....f;nv1MW'ss:�i»'w+•W i.+a>'++'JYxN.s. Mr. Crapp: Well, we have not made a recommendation. We would, certainly, entertain, and if you would allow us to, we would review this matter. We would do all the necessary determinations that are necessary. We would take it and present it to our loan committee at its very next meeting, and we would make any appropriate recommendation, if it were in the best interest of both parties. But we have not had a chance to do that analysis, or to make that recommendation to our loan committee yet. Vice Mayor Alonso: That's not the Certainly it's not what was given to contrary with what you are saying now. information that I have, Mr. Crapp. me by members of your staff. It's Mr. Crapp: Well, I think the confusion is that the loan was approved by the City Commission, and... Vice Mayor Alonso: That I know. Mr. Crapp: Well, what... Vice Mayor Alonso: But they came to me with the recommendation that it was certainly recommended by you for the extension based on the fine record that they have of payments... Mr. Crapp: We have not made... Vice Mayor Alonso: ... all through the seven or eight years that they have been making regular payments. Mr. Crapp: That is all true and correct. The loan is current. It's been paid... They have made their payments on time, but that hasn't been the case all along. The recent history has been very, very good. The payments have been made... They're on time and current right now. We have not, however, as I said, we have not made a formal recommendation. If this City Commission is desirous of allowing them to continue to make the payments, we have no problem with that. The City Commission imposed the requirement of a seven-year balloon. Miami Capital didn't make that requirement. Mr. Torres: Exactly. Commissioner Plummer: So what are you saying? That you think it ought to be taken back through normal procedures? Mr. Crapp: Yes, si r. I'm saying we would like to have the opportunity to take it back through normal procedures so that we can do the proper documentation so that we are in compliance with HUD's requirements and we would make the recommendation to our loan committee. Vice Mayor Alonso: I really don't understand. I really don't understand, because it was told... As a matter of fact, this request came from Miami Capital to me. Mr. Crapp: Which request? 70 May 28, 1992 Vice Mayor Alonso: Request to present this item today. And they told me they have no problem. They could not approve that because it was approved by this Commission, and the only way that it could be extended, was through the City Commission approval. Mr. Crapp: Well, I think that's the misunderstanding. The clarification is that Miami Capital could review it to make a recommendation to its loan committee, but that recommendation, even of the loan committee, would be subject to concurrence by the City. Because the City is the party that actually granted this loan. Commissioner Plummer: For the record, if you would, we were told - and I've been told contrary, and I'm just getting it on the record - we were told previously that the collateral that had been given to you was collateral of the equipment. I have reason to believe, from Mr. Bailey, that there is a different collateral. Is that correct? Mr. Torres: Commissioner, if I may. I said... Commissioner Plummer: No, excuse me. I pay him. Mr. Torres: That's fine. I know you do, but I pay you. Mr. Crapp: No, sir. It... Vice Mayor Alonso: Yeah, but they don't seem to know quite well the story. Let me put this on the record as well. Commissioner Plummer: OK. Mr. Crapp: According to the note, the collateral is the accounts receivable and the equipment. Commissioner Plummer: And the equipment. Mr. Crapp: We have a first position, yes. Commissioner Plummer: OK. So in other words, it's first position, and if you determined that at this particular time, that the equipment and the accounts receivable are in excess of two hundred thousand dollars? You have determined that now? Mr. Crapp: I have not determined that. Commissioner Plummer: Oh. OK. Mr. Crapp: Based upon Mr. Torres's representations, it appears that, that might be the case. But I have not seen financial statements to verify that. Commissioner Plummer: Normally, you investigate? Mr. Crapp: Yes, sir. Commissioner Plummer: Yeah. OK. 71 May 28, 1992 Ow WA hwauguffw MWWW Mr. Bailey: Commission, could I suggest that you make a motion that Miami Capital be empowered to review this request for an extension and take it back to their board for the appropriate recommendation? Mayor Suarez: Would the concurrence work that way? In other words, we could give ours... Mr. Bailey: Yes. Mayor Suarez: ... anticipatorily to Miami Capital, assuming you cross all the =_ "t's" and dot all the "i's"? Mr. Bailey: Correct. We could get it done much faster that way. -= Mayor Suarez: Because what we've got before us sounds acceptable, but... -- Commissioner Plummer: Says it doesn't even meet with HUD, or the guidelines. Mayor Suarez: Well, what... Mr. Torres: No, no, no. That's not what it... Vice Mayor Alonso: We should state for the record, because it's not fair to a school who has done very well, who has made an unusual case because it's not the history in most of the loans that you give, this is really one of those that we should really give them a commendation and a medal and everything because they have made payments, and that's very unusual. Most of the cases, people come back and say they didn't pay and they say we have no money. These people have been making payments, regular payments, they have been... I've been told by your staff that excellent record with Miami Capital, and then when they come, they are presented as not the real picture. So I resent that and I really think that, for the record, it's important to state that. Mr. Torres: Can I address this Commission for a second? Mr. Bailey: No, I think it's a matter of process. We're not disagreeing with your statement. I think what we're just trying to do here is get the appropriate authority from you to go and take those things into consideration before the appropriate board. That's all we want to do. And if you want to include in your motion your support of the extension, that's appropriate, too. And then the board will know from the Commission. Vice Mayor Alonso: Yeah, I will move to that effect, but I think we should hear from him. Mr. Bailey: Can you make that a part of your motion and then... Mayor Suarez: Yeah, and then Gabriel, if you want to add anything so that as all of this happens... Mr. Torres: I would like to. 72 May 28, 1992 Mayor Suarez: ... on the assumption that it passes, we'd be aware of other factors. Mr. Torres: For the record,... Thank you, Mayor. We have been here for thirty-one years. OK? We've paid in excess of a hundred and seventy-four thousand dollars ($174,000.00) on this loan, to date. OK? We have no intentions of going anywhere. Now, I know you've bad experiences with other -- schools, but that was not the case. Those schools were in financial problem, they had bad administration, misuse of funds, which is not the case here. We simply... Commissioner Plummer: And it was never inferred that, that was the case. Mr. Torres: No, sir, but I understand that. You mentioned the school so I'm obligated also to separate myself from that class. Commissioner Plummer: Sure. Mr. Torres: Thank you. You know, so I want to make a very clear distinction. This is not the same case. OK? And it should be noted, twelve hundred students go through schools every year. All local students. People that acquire a trade, skills which they don't have when they come here. So we do have a great economic impact to this community, and we've had it for thirty- one years. OK? So we don't intend to go anywhere. Mayor Suarez: Was there... Mr. Torres: Not for a hundred and seventy thousand dollars ($170,000.00) and not for ten million dollars ($10,000,000.00). Mayor Suarez: Was there a cash flow problem during the months that you were behind in the payments, Gabriel? Mr. Torres: That was basically it. Sometimes we run into the problem where Federal funds take longer to come in. Now all that has been changed, it's all being computerized instead of being done manually, and for the past nine, twelve months it's been done that way. So we have more access, quicker access, really, to those Federal funds. The funds have not grown. We've had problems throughout the State in our students getting loans. We provide almost one-third of the tuition to our students. Mayor Suarez: Do you have any idea, off the top of your head, just so we can anticipate this determination being made, and more analytically by Miami Capital, but for our own satisfaction, you said accounts receivable in the amount of half a million dollars ($500,000.00),... Mr. Torres: That's correct, and our equipment... Mayor Suarez: ... and, of course, one never knows about accounts receivable. What about equipment? What is the current value of that in your books? Mr. Torres: We have in excess of almost two hundred and fifty thousand dollars ($250,000.00) in equipment alone. We just finished buying... I just finished buying a hundred new computers, nine, twelve months ago. 73 May 28, 1992 Mayor Suarez: And Miami Capital, in this particular loan, has a first position on those? Mr. Torres: Yes, they do. Mayor Suarez: Have UCC-11s (Uniform Commercial Code) been filed? Mr. Torres: If I may. There is none of the equipment or teases or anything else that the school owns has been encumbered by any one institution or individual. Mayor Suarez: But do you know, if in the case of the new equipment, have UCC- 1's been filed to reflect the first position that we've got? Do you know? Mr. Torres: I do not know, but I can definitely find out. Mayor Suarez: Yeah, see all of those crossing the 'It's" and dotting the "i's" sound to me like it's going to put us in a magnificent position to be as assured as we were, as I mentioned to you a few minutes ago,... Mr. Torres: Correct. Mayor Suarez: ... when this loan was given. In fact, a lot more, because... Mr. Torres: You are a lot more. I mean,... Mayor Suarez: Yeah, you've been paying down... Mr. Torres: ... you've given us three hundred... You trusted us... Mayor Suarez: You've been paying down on principal, which a lot of people don't do. In fact, they manage not to even service the loan as to interest, and you've been paying principal and interest,... Vice Mayor Alonso: That's right. Mayor Suarez: ... but... Mr. Torres: Mayor. Vice Mayor Alonso: It's a very unusual situation. Mr. Torres: When this Commission trusted us with three hundred thousand dollars ($300,000.00),... Mayor Suarez: Understand our position, too, with wanting to comply with our colleague's request to take this up without any prior review, and at the same time, do it as HUD and the people who are actually providing the funding would like us to do. It sounds to me like this would have to come back to the Commission the way the motion is being proposed right now? Vice Mayor Alonso: No. 74 May 28, 1992 Mr. Crapp: No. Mayor Suarez: OK. I think... Vice Mayor Alonso: Yeah. OK. I move. Mayor Suarez: We've heard some of the questions, you might want to check also, and I know you've got your legal beagles to do, but the UCC-11s being, in fact, filed as to all that new equipment, because that sounds like the best collateral they've got. Mr. Crapp: Oh, yes. I have the file right here. We have the original UCC that we filed and we filed a continuation of our first position in February to continue our security claim. Mr. Torres: Yeah. So, I mean... Mayor Suarez: And when new equipment is bought, I think you have to do a refiling,... Mr. Crapp: OK. Well, anything that's acquired,... Mayor Suarez: ... with the Secretary of State. Mr. Crapp: ... it's structured that way. Mayor Suarez: It sounds like brand new stuff that they would for sure be sure to pay us on. Mr. Crapp: We'll make sure. Mayor Suarez: All right. Commissioners, we have a motion and second. Any further discussion? If not, please call the roll. G=- 75 May 28, 1992 The following resolution was introduced by Vice Mayor Alonso, who moved =_ its adoption: RESOLUTION NO. 92-355 A RESOLUTION AUTHORIZING MIAMI CAPITAL DEVELOPMENT, - INC. TO REVIEW ITS LOAN AGREEMENT WITH GARCES COMMERCIAL COLLEGE ("COLLEGE"), AND SUBJECT TO A -- DETERMINATION BY MIAMI CAPITAL DEVELOPMENT, INC. THAT =— THE COLLEGE HAS ADEQUATE COLLATERAL TO SECURE THE LOAN, AND THAT THE APPROPRIATE UNIFORM COMMERCIAL CODE FORMS TO SECURE COLLATERAL WHICH SHALL PLACE MIAMI CAPITAL DEVELOPMENT, IN FIRST SECURED POSITION HAVE BEEN OBTAINED; FURTHER EMPOWERING MIAMI CAPITAL DEVELOPMENT, INC.'S BOARD OF DIRECTORS TO CONSIDER AN AMENDMENT TO SAID LOAN AGREEMENT WHICH WOULD THEREBY PROVIDE FOR THE REMAINING PRINCIPAL BALANCE OF — $178,695.21 TO BE REPAID IN 96 MONTHLY INSTALLMENTS OF — $2,096.00 AT THREE PERCENT (3%) ANNUAL INTEREST, _= COMMENCING AUGUST 10, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Victor De Yurre COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Hold it. Who seconded? Mayor Suarez: Yes. Commissioner Dawkins: I second. If Plummer didn't second it. Unless he seconded it to vote no. Vice Mayor Alonso: No, he didn't. Commissioner Plummer: No, I didn't second. Commissioner Dawkins: OK. I second. COMMENTS MADE AFTER ROLL CALL: Mr. Torres: Thank you. 76 May 28, 1992 [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY T BLES CONSIDERATION OF THE REGULAR AGENDA ITEMS IN ORDER TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] _ ------------------------------------------------------------------------------- 18. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF AN APPEAL OF A TEMPORARY VARIANCE GRANTED BY ZONING BOARD WAIVING ALL REQUIRED OFF-STREET PARKING SPACES AT 2638 S.W. 28 LANE (Owner / Applicant: Janyce Robins & Robert Granoff; Appellant: James G. Robertson) (See labels 20 & 23). ------------------------------------------------------------------------------ Mayor Suarez: PZ-1. Public hearing. Remember please, Madam City Clerk, to remind me to remember to remind them to remember to... All of that kind of stuff. To be sworn in. Mr. Guillermo Olmedillo: PZ-1... Mayor Suarez: See I'm saying that about three times, you know, so don't forget. One of these days we're going to invalidate a whole zoning hearing because we don't swear people in. PZ-1. Is this contested in any way? Mr. Olmedillo: Yes. This is an appeal. As a matter of reference,... Mayor Suarez: Jack Rice, is that what you're here on? Mr. Olmedillo: Jack Rice is the appellant. We are the appellee. As a matter of reference, the Zoning Board issued a temporary variance, a six-month variance to the Paper Wholesaler, a parking variance. During the hearings, what the Planning Department was offering as a solution, because the problem I don't think is confined to one business. We've got a parking problem in the area, and what we are proposing... Commissioner Plummer: Is this the place over... Mr. Olmedillo: Paper Wholesaler, down here at 28th Lane. Commissioner Plummer: And... Mr. Olmedillo: S.W. 28th Lane. Commissioner Plummer: And what are they asking us to do? Mr. Olmedillo: The Zoning Board issued a temporary parking variance to waive five parking spaces. Now Jack Rice, who is representing Dr. Robertson who owns property in the area, is appealing that decision for the temporary variance. Commissioner Plummer: You mean about the parking spaces? 77 May 28, 1992 Mr. Olmedillo: Right. And what I was giving you is a little background so you could discuss it... Commissioner Plummer: Let me ask legally. Mr. Olmedillo: Legal? Commissioner Plummer: Madam City Attorney. Miriam Maer, Esq.: Yes, sir. Commissioner Plummer: The aged old fight has now come to a head that couldn't be brought before. They are conducting a retail business out of an industrial zone. Is that legal? Ms. Maer: I don't have an opinion on that issue. I've been tracking this through the variance procedure. Commissioner Plummer: My understanding is that they cannot conduct a retail business out of an industrial zoned property. I am also concerned that it was this organization who demanded parking spaces across the street when they made an expansion. And now you're telling me that my dear friend is asking us to waive any and all parking spaces total? Mr. Olmedillo: No, Mr. Rice does not represent the Paper Wholesaler. He represents a neighbor of the Paper Wholesaler. Jack Rice, Esq.: He knows who I represent. Commissioner Plummer: Oh, I know who he represents, but... Mr. Olmedillo: He is not asking you... Ms. Maer: He's the appellant. Mr. Olmedillo: ... for a variance. Commissioner Plummer: He is asking us to deny... Ms. Maer: Yes. He's opposing... Commissioner Plummer: Ah-hal Ms. Maer: He's opposing the variance. The Zoning... Mayor Suarez: Madam City... Commissioner Plummer: And who do you represent? Mayor Suarez: ... Attorney. Lucia Dougherty, Esq.: I represent the Paper Wholesaler, who is seeking the variance to the parking space. 78 May 28, 1992 Commissioner Plummer: OK. Mayor Suarez: Madam Attorney,,.. — Commissioner Plummer: I asked a question. Mayor Suarez: ... and I know you're trying to cooperate with the question, but I just want to clarify something procedurally here, J.L. We don't have =- three of us here in the Chambers. Are we OK in taking some testimony with two of us present? As long as we don't vote and... Ms. Maer: I think at the moment, staff has just been giving you... Mayor Suarez: Please. Please. I'm asking the City Attorney. Don't everybody give me an opinion at the same time. Commissioner Plummer: No, there's less than three of us here. Is that legal? Ms. Maer: No, you need to have three. Mayor Suarez: OK. I know Vice Mayor Alonso is right past that door, but maybe we ought to wait a couple of minutes to take any more testimony. Commissioner Plummer: Good. I've got to do something nobody else can do for me. Mayor Suarez: All right. When we begin this again, remind me to remember to remind all of you to remind me to remember to swear everybody in. Ms. Matty Hirai: Yes, sir. Mayor Suarez: Thank you. I don't even look at the City Clerk any more. She's going to remember one of these days. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: He what? He's wrong? He's always wrong as far I'm concerned. 1 would think that's the whole idea of cumulative zoning, right? - which we have otherwise departed from over the years, to my dismay. Remind me to swear people in. Ms. Hirai: I did not want to interrupt, Mr. Mayor. Mayor Suarez: Use one of these and bang the gavel. Particularly when it's her. I don't trust her. Greenberg Traurig. What is it after that? Ms. Dougherty: Hoffman Lipoff Rosen and Quintet. Mayor Suarez: No. Wait, wait, wait. Let's get this on the record. Greenberg Traurig, what? Ms. Dougherty: Hoffman Lipoff Rosen and Quintel. 79 May 28, 1992 Mayor Suarez: Is that Rosen, Marvin Rosen? Ms. Dougherty: The very one. Mayor Suarez: And after Rosen, is who? Ms. Dougherty: Albert Quintel. Mayor Suarez: Oh, Quintel. That's the same firm that used to have Askew. Ms. Dougherty: That's right. Mayor Suarez: And Cardenas. Ms. Dougherty: That's right. Mayor Suarez: What's Ruben doing? Is he practicing mid -State somewhere? Ms. Dougherty: I don't think he's really practicing. Mayor Suarez: He's practicing to practice. What are you guys hers on? Such - a quiet group. We're close to a quorum here. Now if we can get Plummer out of whatever it is that he went to do, whatever it is we can't help him with. Commissioner Dawkins: No, we can't. Which one? PZ what? Mayor Suarez: Vice Mayor is here. All right. PZ-1. Continue. I'm sorry. And swear everybody in before we get too far. I gather that we may have some contest here. Ms. Hirai: Yes. Mayor Suarez: Please. Mr. Olmedillo: We lost Mr. Rice. Mayor Suarez: Oh, don't tell me Jack left now. What is this? Vice Mayor Alonso: What item are we on? Mayor Suarez: PZ-1. Vice Mayor Alonso: Back to PZ-1 again? Mayor Suarez: Yeah. We didn't get very far with it. Commissioner Plummer. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABUS CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA.] 80 May 28, 1992 19. CITY COMMISSION RECOGNIZES THE GREAT LEADERSHIP AND COMMUNITY WORK PERFORMED BY RETIRING U.S. CONGRESSMAN DANTE FASCELL -- DIRECT ADMINISTRATION TO TAKE APPROPRIATE ACTION TO HONOR THIS DISTINGUISHED STATESMAN. Commissioner Plummer: While we're waiting, Mr. Mayor,... Yeah. I'm quicker than Jack Rice. Mr. Mayor, I think it would be much in order that this Commission recognize, with great enthusiasm, and fully acknowledge the tremendous and great work... Mayor Suarez: Congressman... Commissioner Plummer: ... that was done for this community by Dante Fascell. Mayor Suarez: ... Dante Fascell. So moved. Commissioner Plummer: And I think that we should, whatever is appropriately... way... recognize a great statesman and understand the great loss this community is going to have by his presence not in Washington. I think that we should do, and I so move at this time, that whatever is appropriate be done by this City in recognition of the greatness of Dante Fascell. Commissioner Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 92-356 A MOTION OF THE CITY COMMISSION FULLY ACKNOWLEDGING AND RECOGNIZING WITH ENTHUSIASM THE REMARKABLE WORK DONE ON BEHALF OF THIS COMMUNITY BY RETIRING U.S. CONGRESSMAN DANTE FASCELL; FURTHER DIRECTING THE ADMINISTRATION TO DO WHATEVER IS APPROPRIATE IN ORDER TO HONOR THIS DISTINGUISHED STATESMAN. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 81 May 28, 1992 E AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez G NOES: None. ABSENT: Commissioner Victor De Yurre [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TAB ES CONSIDERATION OF THE REGULAR AGENDA ITEMS IN = ORDER TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] ------------------------------------------------------------------------------ 20. (Continued Discussion) DENY APPEAL OF TEMPORARY VARIANCE GRANTED BY ZONING BOARD WAIVING ALL REQUIRED OFF-STREET PARKING SPACES AT 2638 S.W. 28 LANE (Owner / Applicant: Janyce Robins & Robert Granoff; Appellant: James G. Robertson) (See labels 18 & 23). (Note: This item was later _= reconsidered and continued to June 11th meeting.) ------------------------------------------------------------------------------ Mayor Suarez: Did you want to tell us something that you want to put in the record in the absence of Mr. Rice, or should we go on to item 2? Mr. Guillermo Olmedillo: One answer to Commissioner Plummer's question. Yes, you may have retail operations in an industrial district, as long as you meet your parking requirements and everything. Commissioner Plummer: And am I to understand then from you the Admin... (AUDIO NOISE) Hello. Now, we go from car phones to... Pacemaker, hell. - ... that as a retail business, they are required to have how many parking spaces? Mr. Olmedillo: One for every three hundred square feet. Commissioner Plummer: And what is that... I mean, how many square feet have they got? Eighteen hundred? Mr. Olmedillo: They were grandfathered for part of the... Part of the operation is a wholesale operation, which falls into the industrial category, and then part of it is a retail operation, so the five parking spaces that they need is for that portion of the retail operation that they conduct. Commissioner Plummer: But how do we know what is their retail portion? Is there a wall? I mean, you know, you have a roof. You've got one building. How do we know what portion of that building is wholesale and what is retail? 82 May 28, 1992 Mr. Joseph Genuardi: Actually, they received a certificate of use for... Commissioner Plummer: For the record, your name and address and were you sworn in? Mr. Genuardi: Joseph Genuardi, Zoning Administrator, City of Miami. Commissioner Plummer: Were you sworn in? Mr. Genuardi: Do I have to be sworn in? Commissioner Plummer: What? Mayor Suarez: No, he doesn't have to be sworn in. Commissioner Plummer: That's even more so. Mayor Suarez: No, he doesn't have to be sworn in. Commissioner Plummer: I don't trust them. Go ahead. Mr. Genuardi: They received their certificate of use several years ago for complete retail. They provided the spaces that were required under 9500, which was less than what is now, and they required the five spaces, which they're providing. Commissioner Plummer: OK. Are you saying to me, then, that their building is =_ divided part wholesale and part retail? Mr. Genuardi: No, it isn't, but they... Commissioner Plummer: Is it all retail? Mr. Genuardi: We computed the required parking based on all retail. r Commissioner Plummer: On what? Mr. Genuardi: On all retail. Commissioner Plummer: On all retail. space for every three hundred square fifteen hundred square feet. So what you're telling me, one parking feet, five spaces mean they've got Mr. Genuardi: That's presently, is one for three hundred. Under 9500, it was something like one for every... Commissioner Plummer: But that's gone. Mr. Genuardi: ... five hundred and fifty. But that's where they... Commissioner Plummer: 9500 is gone, so what are you talking about that for? Mr. Genuardi: But that's when they received their certificate of use to operate as retail, under 9500. 83 May 28, 1992 Saw e Commissioner Plummer: Excuse me. It's gone. What are we... Is it stilt under 11000, is it one per three hundred square feet? — Mr. Genuardi: Yes. Commissioner Plummer: OK. And you're telling me that they're only using fifteen hundred square feet. Is that correct? Mr. Genuardi: No. Because... _ Commissioner Plummer: Well, what are you telling me? There's five... How =_ many parking spaces? Mr. Genuardi: They're providing five parking spaces. Commissioner Plummer: Now, five times three hundred to me is fifteen hundred. —_ Have you got a different math? Commissioner Dawkins: Yes. _ Commissioner Plummer: I want to hear it. I mean, you know... _— Mr. Genuardi: The required parking... Ms. Dougherty: Commissioner Plummer, they're grandfathered in. Mr. Genuardi: At the time it was... Commissioner Plummer: Excuse me. You're not grandfathered in. Ms. Dougherty: You don't make new people... everybody in the City of Miami... Mr. Olmedillo: You have to swear her in. Zoo Mayor Suarez: OK. Yeah, please. Commissioner Plummer: I'm sorry. Mayor Suarez: Why don't we swear in anyone that's going to testify, including you, counselor. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Plummer: OK. Now what's this grandfather bit? Mr. Olmedillo: Commissioner Plummer, they were permitted under 9500,... Commissioner Plummer: Yeah. Mr. 0lmedillo: ... which said one in about four fifty or five hundred square feet. 84 May 28, 1992 y Commissioner Plummer: OK. So... Mr. Olmedillo: So they were permitted... They are vested into 9500. The paper whole... Commissioner Plummer: But not for parking. Mr. Olmedillo: Yes. Commissioner Plummer: They were vested as far as zoning. = Mr. Olmedillo: And parking and everything that went with zoning. Parking... Commissioner Plummer: Well, then why are they even here? Mr. Olmedillo: Because they had rented from Mr. Rice's client five parking spaces off -site. Mr. Jack Rice: No, twenty parking spaces. Mayor Suarez: Five or more, I guess he meant. But, in this case, twenty. Mr. Olmedillo: The required... Commissioner Plummer: You're telling me that when I go there on a Saturday, and I see thirty or forty people there buying balloons, buying plates - and I'm guilty, OK? I bought there also. All right? Yeah, I admit it. Guilty. Put me to the wall. - ... that there's thirty and forty cars, that they're only required to have five parking spaces. Is that what you're telling me? -+ Mr. Olmedillo: That was the requirement under 9500. Commissioner Plummer: Can I tell you something? Our ordinance is ridiculous. Mr. Olmedillo: That's why we changed it. Commissioner Plummer: Then... But you're telling me they're grandfathered. Mayor Suarez: Because you can't... Commissioner Plummer: Well, what have we accomplished? Mayor Suarez: ... change vested rights. Let's hear from both sides, why don't we? - and then we decide? Commissioner Plummer: Mr. Mayor, I just want to ask one more question. Mayor Suarez: Yeah, please. Commissioner Plummer: Because I'm at a quandary. Why is this matter before us? Is it because of the fact they had leased the spots before, they lost their lease and don't have one now? Is that why they're before us? 85 May 28, 1992 7-7-7a.:: 77 Mr. Olmedillo: The Paper Wholesaler used to lease parking spaces from Mr. _ Rice's client. Mr. Rice: They still do. Mr. Olmedillo: They still do. Commissioner Plummer: Why are they before us? Mr. Olmedillo: They came before the Zoning Board requesting a variance to waive the necessary parking spaces. Commissioner Plummer: All? Mr. Olmedillo: Just waive them all. Commissioner Plummer: All? Mr. Olmedillo: Right. The five parking spaces. Now, the Zoning Board issued a temporary variance. A six-month variance because there is a possibility to create a hundred and twenty parking spaces under the guideway. Commissioner Plummer: A hundred and... Oh. Mr. Olmedillo: ... and twenty parking spaces under the guideway. We're working at it. Commissioner Plummer: All right. See if my scenario is correct. Mr. Olmedillo: Then, what happened is that the neighbor, Mr. Rice's client, appealed the decision of the Zoning Board to this Commission. _ Commissioner Plummer: Yeah, but his objection is financial. OK? I can't really - and I understand that. OK? Now, tell me if my scenario is incorrect. They had twenty parking spaces before that were inadequate into the need, they're now being requested of five and they're trying to abolish those five? Mr. Olmedillo: They already obtained... = Ms. Dougherty: The answer is no. Mr. Olmedillo: They already obtained that from the Zoning Board. However,... Commissioner Plummer: But it's being appealed. Mr. Olmedillo: ... the neighbor appealed that decision. Commissioner Plummer: In other words, right now they're not asking... They're asking us to allow them to operate with no parking spaces. Mr. Olmedillo: They were allowed... Commissioner Plummer: Is that correct? Thank you. 86 May 28, 1992 Mayor Suarez: All right. Why don't you argue on behalf of... Commissioner Plummer: Yeah, but that's what the request is. Mayor Suarez: ... the appellant and then we'll hear from the appellee. Ms. Dougherty: He's the appellant. Mayor Suarez: No, I think the order is... Ms. Dougherty: He's the appellant. Mayor Suarez: He is? Ms. Dougherty: Yeah. Mayor Suarez: All right. Jack. Ms. Dougherty: He appealed the fact that we got a variance from the Zoning Board. He has appealed that decision. Mayor Suarez: All right. Jack. Why don't you... Mr. Rice: My client... Mayor Suarez: Yes, sir. You're on. You're on. And hopefully the Commission won't interrupt you unduly, although that's never guaranteed here. Mr. Rice: Commissioner Plummer is correct. I don't know what they're doing in this area operating a retail establishment in an industrial area, which in my opinion, is prohibited. But in addition to that, they got a variance for the five of the five required parking, which means they don't have to provide any parking at all. If any of you have been there, that's like, almost like a Publix supermarket, or at least a 7-Eleven with a constant array of vehicles parking up and down the street. There are no parking spaces on the street because of the Paper Wholesalers. It's a high -intensity business. Now I want to tell you how they got here. You know, they went into this location as a wholesaler, and that's what was their business. And the City of Miami filed a citation against them for their operating a wholesale business when they're actually selling retail. In the course of the hearing, they paid a fifty dollar ($50.00) fine and became a retailer. Now I don't know whether they gave up the wholesaler, but at least they are a retailer now. This business of dividing it up into so much wholesale and so much retail, I don't know, but from that hearing before the Zoning Board in which they paid this fifty dollar ($50.00) fine, they went into business as a retailer. Well, now when they did that, they changed their status from a wholesaler to a retailer and now must provide for additional off-street parking, which I assume is the five parking spaces. I haven't computed that, but even that is open to argument. Now, when they found themselves in the dilemma of having to have off-street parking, they came to Dr. Robertson and wanted to lease part of his property, which is fifty feet from their wall. In fact, you can't tell when their business stops and Dr. Robertson's building, which is just an off-street parking lot with a building behind it, starts. Now, they lease seventy-five 87 May 28, 1992 hundred square feet of land which you can put at least twenty cars in, and on most occasions during busy times, there is at least a minimum of twelve cars there. Now, not only did they lease this property from Dr. Robertson, but they took half of it and subleased to the guy on the other side, the concrete company and he has a substantial concrete storage on Dr. Robertson's property and he could have only got there through a sublease or cooperation with the Paper Wholesalers. So now, when we had the hearing before the Zoning Board, they said, one, that the wall was not safe and they couldn't park the cars, and two, they could only park five cars. Well, that's wrong. That's totally... The lady that leased the property didn't say that, but the attorney, Mr. Cardenas did, and the Planning and Zoning Board set him straight which says there's nothing dangerous about the walls, they all meet the code, so that argument went out the window, and the fact that they had only five parking spaces is just not true. They have room for at least twenty cars and if you had a valet parking, you'd probably be able to put forty cars 1n the area. But the thing is, that complaining about the rent and that we lease it to them, but immediately after we lease it to them, they sublease it to some guy on the other side of the building. We don't really object to that, but they never notified us, but if you go down there, you can see that they've subleased it. Now, on our building... Mayor Suarez: Well, what rights you have of obstructing or impeding a sublease, are not necessarily the consideration here. I mean,... Mr. Rice: I don't argue that, I'm just saying, they say they didn't have enough places to, room to park cars on that lot, when they subleased half of it. So they've taken this lot and, through their own initiative, downgraded the amount of parking and . But I te11 you, they can park at least, there's twelve cars and there's room for a lot more. Now, on the Paper Wholesaler's wall, it has a bright red arrow, big, like that, and 1t says parking, 2600. Well, that's my client's property and that's what they've leased. So they're notifying all their customers they can park at 2600, which there's plenty of room to park down there, if they care to do so. Also, on my client's building, the entrance to the parking, it says, large block letters, parking for Paper Wholesalers. In other words, they've let the world know that they can park on that particular property. Now why they're asking - and by the way, their lease is current - to my knowledge, they've paid up to date. Now, they're asking for a waiver of five parking spaces when they've got room to put twenty cars in the parking lot. That just doesn't make sense, and it's not because we initiated anything. They initiated the lease of the property from Dr. Robertson. I have a lease here... By the way, this company also has four other locations and, to my knowledge, all the other locations have off- street parking. It's only in the (OFF MIKE)... Mayor Suarez: You can introduce anything you'd like into the record. While he does that, point out what's around the affected property there, Guillermo, 1f you know. Commissioner Plummer: Shell Lumber is across the street. Mayor Suarez: Shell? Commissioner Plummer: Shell Lumber. Across from that is all residential. Down at the corner is Southland Towing. m May 28, 1992 Mr. Olmedillo: There's a series of businesses in that area. Commissioner Plummer: Residential is on 27th Street, Mr. Mayor. It backs up on 27th from the curb all the way across. But everything from 28th Lane to Dixie is, 1n fact, industrial. It is all heavy. Mr. Olmedillo: What has happened is that, that has been converted into retail stores and other types of businesses. Commissioner Plummer: What has? Commissioner Plummer: That entire area use to be industrial. You're talking about from 28 Lane to the Metrorail, with the exception of Shell Lumber. Mr. Olmedillo: Right. From the alley. From the alley in Shell Lumber to the south to the Metrorail. Everything there has become... Commissioner Plummer: And everything else is residential. Mr. Rodriguez: Right. Mr. Olmedillo: North of it. Mr. Rodriguez: North. Commissioner Plummer: Yeah. Everything that butts up to Shell is residential. Mayor Suarez: OK. Any thing further? You're going to have to grab a mike, Jack. You're going to have to grab one of the... either... OK. If you either grab the mike that's over there. The one you can sake with you, or the one over here, Jack. Mr. Jack Rice: OK. The two pictures of the property showing my clients property which reflects its address, 2600, parking for Paper Wholesaler only, and that on the Paper Wholesaler's front is parking at 2600 with a big arrow pointing towards my clients property. Also, it shows how busy they are. On City property they had sixteen shopping carts. Mayor Suarez: Why don't you, Madam City Clerk, pass that around so we can look at it and then we will get it back to you. Mr. Rice: In addition I would like to... Ms. Matty Hirai: On the mike, if you would, Mr. Rice, please. On the mike... Mayor Suarez: You don't have additional copies of that, so... Commissioner Plummer: Mr. Mayor, may I put on the record, if I understand correctly, that under today's code of 300 square feet, produces one parking space? Mr. Olmedillo: Right. Every 300 square feet. 89 May 28, 1992 Commissioner Plummer: Under 11000, they would be required, today, to provide 19.3 parking spaces to get a permit. That is under today's code, and now they are asking us to waive the five, which would give them none. But if they came 1n today, of an application, based on one parking space per 300, they have 5800 square feet, it would be 19.3 parking spaces required. Mr. Rice: And this is a copy of the lease agreement, which is still in effect between the President of Paper Wholesalers and my client. Mayor Suarez: All right. If you want that introduced into the the record if so... Mr. Rice: And also the schematic drawing of the survey. Mayor Suarez: Very good. Anything else, Counselor? You can save a... You can save a little time for rebuttal, if you would like. I am not sure. Mr. Rice: I am not sure. The way I got treated before the Planning & Zoning Board, I better get everything in. Because I am going to need it. Mayor Suarez: We do better here, hopefully. Mr. Rice: I hope so. I always do better when they are elected. Now, what they have done here, is that they have joined... they have joined without the people joining them... other property owners saying that they do not have the required parking. Well, that is a bald face inaccuracy. Because, as far as I know, they all got enough off-street parking, and some of them, who met the requirements, maybe grandfathered in. There is not a bit of evidence in the record that other properties in this one block, of industrial, do not have enough parking, or do not meet the requirements, and none of them have applied for a variance to my knowledge. And, in fact, the report of the zoning worksheet shows that nobody has applied. Now any hardship... you know they went in there as a wholesaler, and now they found out they are in violation of the law, so if any... Here is my client. Dr. Robertson will have a word to say with you in a minute. Any wholesale... Any problem they had was created by their own initiative of going in there under false pretenses. If they had stayed as a wholesaler, they would still be on there, and they would never have to do anything. They were grandfathered in. Now they also, the Planning & Zoning Board, says, well, we are going to straighten this up in six months. That is a laugh. Because not only says that they cannot straighten it up in six months, they got to get a lease from Metro Transit Authority, and it is just... it is impossible to get that lease. And, secondly, they say, well, they used to have parking behind the building, but when they moved the... when they put Metrorail in there, and they took the railroad out, they no longer had it. Well, I will tell you. Unfortunately, I have lived a long time, or fortunately, but I am going to tell you to back there it used to be ramps. Mayor Suarez: It depends on whose perspective, doesn't it? Mr. Rice: It is an advantage eventually. 90 May 28, 1992 Commissioner Plummer: What are you trying to do, put me in a conflict of interest? Mr. Rice: You know. They had ramps. You could not... Mayor Suarez: I have not even thought of that perspective, yeah. _ Mr. Rice: You could not park back there. They had railroad ramps where the - railroad cars would right into the building. I say that this is a ` self imposed hardship, and I ask that you deny their application. By the way, the... your staff recommended the denial and said that there was no hardship. Also, there is a case in which the former attorney was the attorney, and involved the City of Miami. It is Herrera versus City of Miami. The decision came out in 3/24/92, hot off the press, and it says you must demonstrate an exceptional and unique hardship, by owner, to... not to be shared by other properties in the area in order to get a relief from off-street parking. In that place they could not build a building without relief from off-street parking, and the court says, too bad, and you all heard the case. Dr. Robertson would like to make a statement. Hold on, Dr. Robertson. Mayor Suarez: Yeah. Thank you because... You want to say something in between while they get their...? Unidentified Speaker: No. Mayor Suarez: No? Dr. Robertson could you be sworn in, sir. Madam City Clerk, administer the oath please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. - Dr. James Robertson: I am Dr. James Robertson, I am not nearly as eloquent as Mr. Rice is... - Commissioner Plummer: Thank God. Dr. Robertson: ...but with all due respect to Your Honor and the other fellow Commissioners. I am James G. Robertson, I own the property immediately next to the Paper Wholesaler, at 2600 S.W. 28th Lane. The other property has adequate... My property has adequate off-street parking as well as ninety percent (9O%) of the other property owners along 28th Lane. The Paper Wholesaler is a high volume business, and generates more traffic than all the businesses in the whole area combined. Except maybe the Shell Lumber Company which has a large off-street parking facility, and rarely uses public street except to travel. The other businesses in the area, primarily antique shops, do not contribute to any traffic congestion. The Paper Wholesaler is 2638 S.W. 28th Lane. At its initiative in 1990 leased the parking lot at 2600 in approximately 7500 square feet with space to park at least 20 cars. Who then subleased the... to Darin Williams, who has a concrete business, next to the Paper Wholesaler. On this building was a very large red arrow with the words, parking 2600. My property... on the walls of the property facing 28th Lane. As a notation parking for Paper Wholesaler only in very large block letters, this lot has been primarily used as the customer parking for the Paper Wholesaler. I had a survey taken by customers of the Paper Wholesaler, and 138 customers stated that they shopped there regularly and... 91 May 28, 1992 _ Mayor Suarez: Doctor let me tell you that a lot of what you are saying is = repetitive. I do not mean to cut you off in any way, but we have heard most of the stuff you are saying about the sign, and so on. You were not here at the beginning of the hearing. If you want to consult your attorney for a couple of seconds, and just so we do not... I mean do not I know where you are headed with this. You seem to be reading from a statement. You can put all of that into the record, and I am not sure we are getting any wiser in this matter, as time progresses. _ Mr. Rice: Well, I think the part where he... Mayor Suarez: Is there anything that we have missed, that he is going to say, Jack, that..? Mr. Rice: Well, if he would just give the numbers of people that we counted in the store... Mayor Suarez: If you know which way... where he is heading on this. Mr. Rice: The number of people that we counted in the store, which shows a high volume of customers. Mayor Suarez: All right. OK. Any... Go ahead and complete your statement. I just want to warn you that sometimes if you repeat too much what has been said you lose the... Dr. Robertson: Well, I will try to be brief,... Mayor Suarez: ...interest of... Dr. Robertson: ...if I may,... Mayor Suarez: All right. Because... Dr. Robertson: ...I will try to hit the hot spots. Mayor Suarez: We are being quite courteous in allowing repetitive testimony on something that... Dr. Robertson: I am sorry I was unavoidably detained... Mayor Suarez: OK. Dr. Robertson: ...and I apologize for your people that give so freely of your time for public service. Mayor Suarez: Just about free, as pointed out by Commissioner Plummer the other day. He now pays... Commissioner Plummer: Six -four cents an hour. Mayor Suarez: He pays more in property taxes than we gets paid as a Commissioner. All right. 92 May 28, 1992 Mr. Rice: All right. Commissioner Plummer: So do you. Mayor Suarez: Yes. Oh, yes. Dr. Robertson: The Paper Wholesaler... Mayor Suarez: Well, pretty close. Dr. Robertson: ...has three other locations in Dade County. Each one has adequate parking. The survey shows that on Friday, November the 29th, thirty customers in the store at 5:00 p.m. Anywhere from 42 to 55 on different days, at the same times. The weekends, the volume increases as mentioned from November. In front of the Wholesaler, on City property, there 1s routinely 16 shopping carts as seen for use of their customers. Mayor Suarez: We have those pictures. Dr. Robertson: OK. Anyway, I will let Mr. Rice summarize what I have not. Mayor Suarez: He also has a little bit of rebuttal time, so if there is anything that we need to hear afterwards, you are entitled to use that time at that point. Madam. Mrs. Lucia Dougherty: Mr. Mayor, members of the Commission, Lucia Dougherty... Mayor Suarez: In case you have not noticed it from our faces, we are not real clear on what is going on here. So, anything you can clarify will be helpful. That does not mean we will necessarily agree with you, but... Mrs. Dougherty: Thank you. Representing Paper Wholesalers, offices at 1221 Brickell Avenue. Janice Robbins, the President of the Paper Wholesalers is with me today. What this appeal seeks to do is to allow a landlord of a derelict building to hold an adjacent property owner hostage so that he can charge exorbitant rents for a piece of property, that I want you to know, was cited as an unsafe structure in 1988, has no roof, has basically walls with no windows, and it charging twenty-eight thousand dollars a year. Mayor Suarez: Now this kind of goes to the motive of the appellant, but how does... Mrs. Dougherty: And it has nothing to do... You do not have people out here. This is the point. You do not have people out here complaining that sheds going to get a variance. With the exception of Commissioner Plummer. Anyway, she is charging... Mayor Suarez: For the record... For whatever this is worth. I do not know who this favors. I have never seen anything like this in the City of Miami. This is the first time I see kind of what looks like a huge... How tall is this wall? It must be... 93 May 28, 1992 Mr. Rice: What happened, that building burnt down. Commissioner Plummer: That is a burnt out building. Mayor Suarez: It used to be a building... - Mr. Rice: The front part. Mayor Suarez: Jack. Jack. I just wanted to know how high it is. It looks —_ like a 15 foot or maybe 20 foot wall,... Commissioner Plummer: At least. - Mayor Suarez: ...which, I guess, used to be a building,... Vice Mayor Alonso: At least. Mayor Suarez: ...and now... Mr. Rice: That is 12 or 15 feet. Mayor Suarez: ...what I see... I have just never seen anything like that. That is like... Commissioner Plummer: It was a... Mayor Suarez: It is an... Commissioner Plummer: It used to be a furniture manufacturer. Mayor Suarez: ...enclosed parking lot, thank you, brother Commissioner. Mr. Rice: And it meets the code. Mayor Suarez: Oh, no. I have just never seen anything like it. Mrs. Dougherty: Well, in 1988 they said it was an unsafe structure. Told them to board it up and keep it secure. Then he rents it out to us in 1987. 1989. So then, its... We are paying twenty-eight thousand dollars a year for basically 5 spaces, which is a thousand square fetit. That 1s twenty-three I hundred dollars a month. You could get a Brickell f;ve;ua apartment on the water for twelve hundred a month. This is what he is charging. This is the point of all of this, and this is why he has appealed this decision. Not because there are people out there complaining about the fact that there is lack of parking. And the reason they are not, is because nobody has any parking. And, J. L., we bought this property without parking. We did not get rid of parking that we had. We had no parking. We bought it in 1987 as a Paper Wholesaler. We actually had total wholesale business. Our trade, just like the rest of the trade on that street, turned into a retail trade. We actually started this business as Greco, that is our affiliate in Liberty j City, in 1943. Mayor Suarez: Can I interrupt you for a second to clarify a point? How... What are the parking requirements for wholesale versus retail, if they differ? -i i ' 94 May 28, 1992 _ Mr. Olmedillo: Wholesale is one in one thousand. Retail is one in three hundred square feet. - Mayor Suarez: So the three to one more roughly... Mr. Olmedillo: Three and a third. Mayor Suarez: Three and a third more for retail than for wholesale. Mr. Olmedillo: Correct. Mayor Suarez: Did they meet either requirement? Mr. 0lmedillo: They do meet the wholesale requirement because they were grandfathered. Remember, we are talking about legal, as opposed to pragmatic... Commissioner Plummer: They would almost meet under the wholesale. Mr. Olmed111o: ...solutions, a practical solution. Commissioner Plummer: They have got 5800 square feet. Mrs. Dougherty: All of the properties on that street, with an exception of a few, do not have parking. And they are all like... you have... He says that there is nothing in the record. Well, I can tell you I went to our zoning code enforcement people, and they are about to cite 5 other properties on that same street for not having parking. I do not think that is right. This is really a problem that the City needs to solve. And it is a problem that the City has a plan to solve it. What they intend to do is seek... and they have DOSP's (Department of Off -Street Parking) recommendation and DOSP's approval to go ahead and put parking under the Metrorail site. They are negotiating... Mayor Suarez: So now it is our fault somehow that people do not have parking on site? Mrs. Dougherty: No. This is a terrific little street. Its turned in from miniwarehouses into a nice, exciting... Commissioner Plummer: It is a disaster. Mrs. Dougherty: ..retail space. In fact, Southland... Mayor Suarez: Well, at some point when it reaches 27th Avenue it looks real nice. Doesn't it... isn't that the strip I am thinking that I am thing about... Commissioner Plummer: Yeah. Mayor Suarez: ...that looks real nice? Mr. Olmedillo: Yes. 95 May 28, 1992 Vice Mayor Alonso: Yes. Mayor Suarez: But apparently it looks like hell... Commissioner Plummer: On 27th Avenue, yes. Mayor Suarez: ...sornewhere behind there where those walls were shown to me just there. How... Mrs. Dougherty: In fact... Mayor Suarez: What... That picture that he showed is where? Mr. Olmedillo: Twenty-six hundred. Mayor Suarez: On the map. Can you point it there? Commissioner Plummer: Just about half way. Mayor Suarez: On the overhead. Commissioner Plummer: Right there. Mayor Suarez: I see. So it really does kind of deteriorate as it moves away from 27th Avenue. All right. Mrs. Dougherty: But it does not have to. For example, Southland Towing Company... Mayor Suarez: Does not have to. I love that. That is great. Mrs. Dougherty: ...right down at the very... No. It does. Right at the very tip there, Southland Towing Company. The owner of that property wants to turn it into a restaurant, and all he is waiting for is parking. He has no parking either. The entire street needs to be addressed in a cohesive, coherent, manner. The City... Mayor Suarez: But counsel the usual way that people provide parking is by buying enough property to provide parking. Mrs. Dougherty: Oh, yeah. We would like to buy this property, by the way, it's appraised for four hundred thousand dollars. He wants a million five, and now he is down to seven hundred and fifty. How... I mean it's just... He has us over a barrel and he is asking you to hold the barrel. It's simply not right. Mayor Suarez: OK. How about the standard of hardship? Is that the standard that we are supposed to be judging this on? Mr. Olmedillo: No. The variance... Mrs. Dougherty: The standard... Mayor Suarez: Hardship... 96 May 28, 1992 Mr. Olmedillo: The variance has to deal with the hardship, whether it is self imposed. Whether this is a special condition that we are planning to a specific piece of property. That is the kind of standard you are looking at. Mayor Suarez: And that is what we have to apply. Mr. Olmedillo: Right. And remember what you are looking at is that the - Zoning Board did make a final decision and said we will give you a temporary variance for six months while planning goes out to DOSP and the County, and = try to get an arrangement for the entire district, not just for Paper Wholesaler or any other individual. Just go out there and try to find a solution for the parking problem. Then they concluded six months would be sufficient, so, we will wait for six months. Six months will give us enough time, and then six months... — Mayor Suarez: But, technically, that solution would never be found as to the variance, in the sense that we would never solve their on -site parking. We might provide off -site. Is that what you mean? - or some other facility. Mr. Olmedillo: Right. It would be off -site because it would be... Commissioner Plummer: They cannot provide it. Mr. Olmedillo: ...south of the property. Mayor Suarez: So I mean government... we are not at fault. I mean it sounds like we are being blamed for all of this. Mrs. Dougherty: No. No. I am not saying that government is at fault. But what I am saying is that this is a comprehensive, wonderful, street that is in redevelopment. You know in Coconut Grove you had that same problem. You had -_ all of those retail stores changing into restaurants, which required more parking. And what did they do? They come up with some mechanism which said you are grandfathered in for the parking that you do not have for the retail, - and the stuff that you put on the street, you do not have to provide parking for. The City accommodated a redevelopment that was going on, and in this case I believe the City ought to accommodate this redevelopment, and a recognition that all of the streets, and it's a very exciting street, is changing into retail. And ah... Our hardship is that we bought this property. It is a preexisting property. We never got rid of any parking. It _ never did have any parking. We started out as wholesale business. Our business changed just like the whole City's changed. Just like the whole = street has changed, into a retail marketplace, and I do not think that the City ought to punish us or anybody else. I understand that the City is going to cite five other property owners in the area. We do not think that is right. Nobody ought to be cited. What really ought to occur is that we all ought to comprehensively think about how we get the parking. And what I would ask you, Commissioners, to do, is to grant this variance, not on a six months basis, but until the City and the Metro people lease that property, and we will be willing to purchase or, otherwise, lease space directly from you in whatever quantity you think. That is what I think is the solution here. 97 May 28, 1992 Vice Mayor Alonso: But do you think it is a solution now for six months and maybe we will... Mrs. Dougherty: Six months does not help us. You know why? We still have to pay him. Vice Mayor Alonso: Do you want one year? Mrs. Dougherty: No. We want until the Metro... until we get this parking situation solved with the Metrorail. That is the only answer. It is the only answer for the whole site. Commissioner Plummer: May I ask a question? Mrs. Dougherty: And I will be happy to covenant, right now, that we will lease the spaces at that point. Mayor Suarez: Commissioner Plummer. Commissioner Plummer: I am sorry. Are you finished, Madam Vice Mayor? Vice Mayor Alonso: Yeah. Go ahead. Commissioner Plummer: Did you client appear in objection across the street when Shell Lumber expanded? When there was a variance requested for reducing of parking... Mrs. Dougherty: No. Commissioner Plummer: ...and complain. Mrs. Dougherty: No. Commissioner Plummer: Did not? Mrs. Dougherty: Did not. Commissioner Plummer: Did not appear, and did not put in a letter, and did not put in a phone call. Mrs. Dougherty: Not to my knowledge. Would you like my client to come and testify? Commissioner Plummer: She is shaking her head no, and I am sure she is not going to lie. Vice Mayor Alonso: So what you are telling me is what you got at the Zoning Board did not resolve your... Mrs. Dougherty: Does not help us, because in six months we do not know if the City is going to be able to lease... Commissioner Plummer: The truth of the matter is nobody can help her. May 28, 1992 Mrs. Dougherty: ...this property, and in which case we are continuing to pay him even though... Commissioner Plummer: We cannot create parking spaces. Mrs. Dougherty: ...we got that variance. So what we would propose is... Commissioner Plummer: We cannot create land. Mrs. Dougherty: ...that we get a variance for the parking until such time as we can lease the space under the Metrorail for the City. _ P Vice Mayor Alonso: And you think you will be able to find the space? Mrs. Dougherty: Absolutely. Commissioner Plummer: No. No. That is not the point. The point is we cannot... The only relief that we could give them is to give them land, and we do not have it. Mrs. Dougherty: I believe that the City can do this. And he has not yet told you about the plans, and all the efforts the City is now making in terms of doing that. Vice Mayor Alonso: Guillermo, will you make a comment. Sergio... Mr. Rodriguez: We realize there is a problem in the area, and we realize there have been changes in the area, and that is why we started with the process of trying to work out a parking solution for the area that will be addressing the issue of parking for an area we see is changing. In the meantime, you know, they have a hardship, they claim they have a hardship. We believe, at this point, that what they are asking, you know, we are recommending for denial. I think the solution... Vice Mayor Alonso: But you think it is reasonable? Mr. Rodriguez: The solution that the... Vice Mayor Alonso: Even though you recommended denial, you think it is reasonable? Mr. Rodriguez: Well, I do not think you should give a blanket variance to them, approval. No. I disagree with that. Commissioner Plummer: I do not see how you can. Vice Mayor Alonso: What is your recommendation then? Mr. Rodriguez: I would say that recommendation of the Zoning Board... Give them six months to see how far we are getting in the solution of the problem, 1s maybe an acceptable compromise for you. At that point, you will know whether this is possible or not. If we cannot get a solution, then you are going to have to make another decision on time. 99 May 28, 1992 Vice Mayor Alonso: OK. So that they can come back to us and maybe we can extend that period of time. Mr. Rodriguez: That would be your decision on time. Vice Mayor Alonso: I would be willing to move... Mrs. Dougherty: You know the problem with that is that we have stockholders that we have to answer to. We are going out for a public offering. We cannot afford to be in violation. What we are concerned about, is in six months, we do not have a lease with him, and we do not have any place to provide parking, and then we have another violation. That is why we have continued, even though we got the variance, to pay for the parking. So what we would prefer, if possible, 1s to have a variance until such time as the City... Commissioner Plummer: How can you allow them to be here with zero parking? Vice Mayor Alonso: I would like to go for a certain period of time... Mrs. Dougherty: How about... All right. How about a year? Vice Mayor Alonso: ...and then we can review that. I will have no problems with that. Let us say if we go six months, one year, I will have no problem. But just say an extended period of time... I think that street looks much better today, by some of the improvement that some people are doing. The little jobs, and I think that if, perhaps, we do something to help, it will resolve the problem of the entire area. So I am willing to give it a chance. Mrs. Dougherty: You know, the other thing you may want to consider is that there are other properties that are now being cited, so you are going to be coming up and facing the same issues... Commissioner Plummer: It is going to get worse. Mrs. Dougherty: ...with all these other folks. And, again,... Commissioner Plummer: If you do it for one, you got to do it for the rest. Mayor Suarez: All right. Commissioner Plummer: Better be prepared. Mayor Suarez: Anything further on your side, counselor, Jack, or doctor. Mr. Rice: First of all, they already got a lease. They lease my clients property for 7,500 feet in which they are subleasing it to somebody else. So they are saying how they are getting off of that... off of my... paying my client... Mrs. Dougherty: We have no sublease with somebody else. Mr. Rice: What are they getting... Mrs. Dougherty: We do not have a sublease. 100 May 28, 1992 i Mr. Rice: ...off of that sublease where they got all that concrete work on my clients property? I do not know. Mrs. Dougherty: We let somebody else use it while they were building something. We do not... We do not have a sublease. Mr. Rice: Well, what are they using it for? Well... What... You say you do not have enough parking. Yet you got half of it that is being used by a concrete company. Vice Mayor Alonso: Mr. Mayor? Commissioner Plummer: No. That is a legitimate question. Mayor Suarez: Yeah. Vice Mayor Alonso: I do not know if we should be concerned about this internal contract that they have, whether it is with them. I really do not think this is in front of us... Mr. Rice: They raised it. Vice Mayor Alonso: This will not affect my decision. Mayor Suarez: No. I think you initially raised, but they... In any event, Jack, please... Mr. Rice: Well, I... Mayor Suarez: ...just stick to the issue of hardship here what they stand... Commissioner Plumper: Well, wait a minute. Let me ask a question because... Mayor Suarez: Commissioner Plumper. Conmissioner Plummer: ...I might, or might not, agree with my colleague. Their contention is that they have no potential other place to go for parking. Now, he is stipulating, and I am not... Jack, so you do not get me wrong. I am not defending your action financially. Do not get me wrong. But, if in fact, you have leased to them, an additional 7500 feet that is not being used by the wholesalers, and they have control over 7500 feet by a lease, then I think that there is something missing here, that they have 7500 feet - what is it being used for? And I think that is a legitimate question to ask. Mrs. Dougherty: All you have to do is look at the pictures. It is not being used for anything right now. Commissioner Plummer: But do you have... Mrs. Dougherty: Part of that building... Commissioner Plummer: Excuse me. 101 May 28, 1992 Mrs. Dougherty: Excuse me. Commissioner Plummer: Do you have control over that 7500 square feet? If you do, why are you not using it for parking? Mrs. Dougherty: Mr... Commissioner Plummer, the City will not let them use the back part of the building because it is unsafe. Mr. Rice: That is not true. Commissioner Plummer: Wait a minute. Excuse me. I am asking the questions. I think. Mr. Rodriguez, sir, you have heard the statement. They are leasing, according to them now, 7500 square feet that they are saying you will not let them use, so I do not know why they got a lease on it. Have you investigated this matter to find out the veracity of the statement? Mr. Rodriguez: Let me see if anybody from my... Commissioner Plummer: Do you understand my point? Mr. Rodriguez: Yeah, I understand your point. Commissioner Plummer: My point is if they have 7500 feet of property under lease, why are they not using it for parking? Their answer is, you would not let them because it is condemned. Is that a true statement? Mr. Rodriguez: Let me get my staff, Santiago. Commissioner Plummer: Call them collect. They answer a little faster. Mr. Rodriguez: Is the building there safe? Commissioner Plummer: Well, if it is safe, why aren't they using it? Mrs. Dougherty: It is not safe. The entire... Commissioner Plummer: Excuse me. This is the building official who says it is. Mr. Rodriguez: I think what they are saying... Let me finish and then we try = to understand what they are saying. But my opinion of this is that probably the building is not safe for occupancy... Commissioner Plummer: That is not the point. The point is 7500 square feet... Mr. Rodriguez: And... Commissioner Plummer: ...can be used for parking. Mr. Dougherty: When my client... Mr. Rodriguez: If she can get through, I guess, right? 102 May 28, 1992 Commissioner Plummer: What? Mr. Rodriguez: Apparently, they cannot... Commissioner Plummer: Sergio, you know, how do we get so damn confused? The statement is simple. They said that there is no other place for property. Now, there is a lease for 7500 square feet. They say you cannot use it because it is condemned. He is saying it is safe for parking. Why aren't they using it? Hello. Is there anybody home? Mr. Rodriguez: Yes, I am trying to get an answer, but I do not... Commissioner Plummer: All right. I... Mr. Rodriguez: ...have an immediate answer. Mayor Suarez: Yes, I am totally confused. Vice Mayor Alonso: I am having a hard time understanding that the structure is safe for one thing, and not for the other. What about if something happens when a car parks in that location. Is it safe for those individuals that will walk into that building? Commissioner Plummer: Looks like to me the easy answer is... Vice Mayor Alonso: We better get our act together. Commissioner Plummer: ...if that property 1s safe, to use it. Mrs. Dougherty: At that kind of price? Vice Mayor Alonso: It is a horrible looking structure to begin with. Mrs. Dougherty: At any price, J. L.? Commissioner Plummer: Huh? Mrs. Dougherty: At any price? Commissioner Plummer: No. They say you already got it under lease. Mrs. Dougherty: We do not want to have it under lease anymore. Commissioner Plummer: Excuse me. They say you already have it under lease. Now, that statement 1s on the record. May I inquire, Mr. Rice, how much longer does the lease have to run? Mr. Rice: Until they want to cancel it, as far as I am concerned. Commissioner Plummer: Is there... Mr. Rice: And it goes for another year. Mrs. Dougherty: One month. 103 May 28, 1992 Vice Mayor Alonso: Month to month? Mr. Rice: Month to month... Maybe it goes month to month. Vice Mayor Alonso: Month to month. Mr. Rice: But they have got to give us thirty day notice, and we have not received any thirty day notice, and... Mayor Suarez: Jack, that is not the point... Mr. Rice: ...I want to tell you... Mayor Suarez: ...of what the Commission is trying to get at. Please. When we hear that property has been leased, folks... Vice Mayor Alonso: For an extended period of time. Mayor Suarez: ...we think that that means that they have an extended... Thank you Madam Vice Mayor. An extended... Wait. That is what we think. She is saying we do not want to lease it, and besides it is not safe. You are saying we have leased it to you, and besides it is safe. You know, this is all confusing to us, folks, I have never seen anything like this in my life. Now, does staff have a handle on this? Wait. Does staff have a handle on this? Mr. Rodriguez: Yeah. I have been informed by the staff that the portion that was approved for parking, which is in the front, is safe. The rest of the structure has not been approved for safety,... Mayor Suarez: OK. Mr. Rodriguez: ...for use by anybody. Mayor Suarez: Now is the portion... Vice Mayor Alonso: Thank you. So what she is saying... Commissioner Plummer: For use of parking or what? Mr. Rodriguez: I am... Vice Mayor Alonso: She is right. Mr. Rodriguez: ...just giving you the statement that we know. Other than that we will have to research, and find out, and check the place. Commissioner Plummer: Is it usable for parking? That is the question. Mr. Rodriguez: The front... Commissioner Plummer: We are here on a parking issue. 104 May 28, 1992 Mr. Rodriguez: The front of the property that has been approved for parking, yes. Commissioner Plummer: And how many parking spaces can they provide in the front? - whatever you are referring to. Mr. Rodriguez: Say about 20. Mr. Rice: He said 20. Mayor Suarez: Wait, wait, Jack, wait. Mrs. Dougherty: Five. Commissioner Plummer: Please, Jack. Mr. Rodriguez: They are telling me that 20. Commissioner Plummer: OK. Mrs. Dougherty: No. Five. Commissioner Plummer: And they are saying 20. OK. Now is that a true state... Hellol Can I get you guys together, and somebody please let me know what the hell I am paying all of these high priced salaries for? Mr. Rodriguez: If you ask me the question, I will try to get him to respond to you. Commissioner Plummer: No. Sergio, excuse me. Mr. Rodriguez: Yes. Commissioner Plummer: I love you dearly, but you should be prepared to answer when you come to this meeting. Mr. Rodriguez: I am prepared to answer questions... Commissioner Plummer: Answer my question then. Mr. Rodriguez: ...but I cannot guess any of the questions that you might have in your mind. Commissioner Plummer: OK. My question is simple. Can the property be used for parking? It is just that simple. Do not complicate it. Mr. Rodriguez: And the answer to that... Commissioner Plummer: And if the front part is what you referred to, how many legal parking spaces are there? Mr. Rodriguez: OK. 105 May 28, 1992 Commissioner Plummer: Godl How simple can that be? There is two questions 1) Can it be used? And, 2) if yes, how many parking spaces? Mr. Rodriguez: OK. On the answer to the first question. Based on the information that I have received here, we only know that a portion of the property can be used for parking. Commissioner Plummer: And that portion I will accept that as an answer, even thought it is a partial answer. Mr. Rodriguez: Right. Commissioner Plummer: If, in fact, that is the case, and that which is safe for parking, provides how many spaces? Mr. Rodriguez: What they are telling me now, that the amount of parking that they could place over there, would be approximately 20 parking spaces. Commissioner Plummer: And yet they only need a total of 5 grandfathered in under a vested right. Why are we here? Mrs. Dougherty: Commissioner Plummer. Commissioner Plummer: Wait a minute. Why are we here? Mayor Suarez: Can anybody explain to us, in our logical framework, why we are here, if they, supposedly, have as many... Commissioner Plummer: They have got 15 more than required. Mayor Suarez: ...as 20 spaces leased? Mr. Rodriguez: If you let Guillermo try I think the answer is going to be, because legally they are only required to have 5 parking spaces. And that is what they are trying to resolve here, legally. Let Guillermo answer to that. Mayor Suarez: It sounds like they are trying to get waived the requirement of 5, meaning get back to zero,... Mrs. Dougherty: Correct. Mayor Suarez: ...even though they leasing... Mr. Rodriguez: Right. Ms. Maer: That is correct. Mayor Suarez: ...space which, apparently, now is on a month to month basis, meaning they would like to not have to make those payments, and, of course, it does not look like much of a structure to lease for the kind of money they are being asked to pay. But I do not know that that is the consideration that we are supposed to go under. Commissioner Plummer: That is right. 106 May 28, 1992 a Mr. Olmedillo: Yeah. I agree with you. I think... Mrs. Dougherty: Mr. Plummer. Commissioner Plummer... Mr. Olmedillo: ...that is a little beyond the issue. Mrs. Dougherty: We do not know... Mayor Suarez: Wait if... Wait. Wait. Mrs. Dougherty: ...when he is going to sell that building. You see it is up for sale. Mayor Suarez: Madam. Madam. Let the counselor. Please. Commissioner Plummer: That is not the point. Mayor Suarez: If you can answer that question. You see the quandary we are in. Commissioner Plummer: You have a lease. Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I am confused. I do not know what we are doing, and the more I hear from everybody up here, the more confused I get. I mean it just... It is not making sense. I mean maybe I am... Commissioner Plummer: So what do you recommend my blue brother? Commissioner Dawkins: ...a slow learner. OK. Commissioner Plummer: What are you... Commissioner Dawkins: I do not know what we are doing. Mr. Olmed111o: Let me try to summarize. Commissioner Dawkins: Well, please. Now wait. If you are going to summarize it I wish everybody else would keep quiet and let you summarize it. Then when you get through summarizing, those of us who do not understand the summarization, and let us try to. Mr. 0lmed11lo: Thank you. Legally it was established that this particular operation needed 5 parking spaces. The Paper Wholesaler went outside and rented 5 parking spaces which is to meet the requirement, the legal requirement, of the Zoning Ordinance. That was determined a long time ago. Nobody appealed it. It was final. That determination is final. It is legal. So they need to provide 5 parking spaces, which they are providing next store through a lease, through a whatever means. Now, the Paper Wholesaler went before the Zoning Board to seek a variance to reduce from 5 to 0, for whatever 107 May 28, 1992 reason. They came up and they said we want a relief because we cannot provide the 5 parking spaces. Mayor Suarez: OK. The logical question that comes into our minds is how can they reduce from 5 to 0? Have no parking, and the logical answer you are saying is... What she is saying is the best that we have got. That simply the area there... is just not enough parking for the new use of the area? -for the new mode of operating these stores there? Mr. Olmedillo: If you take the area as a whole, the parking is not there. The space is not there. We are trying to create it by working with DOSP and the County. That is one issue. If you take it on the property itself, the property is built out, lot line to lot line practically, therefore, they cannot provide the parking onsite. Mayor Suarez: Unless they tore it down. Put parking on the first floor... Mr. Olmedillo: Part of the building... Mayor Suarez: ...and then have higher floors or something. Mr. Olmedillo: Right. Something like that. So, what is before is that decision that the Zoning Board made. The Zoning Board concluded after all this, after hearing all the sides, they said, "Fine, we will grant you a temporary variance for six months, in which you do not have to provide parking. Zero. But in six months you are going to come back here, hopefully,..." Mayor Suarez: What did they anticipate these folks would do during those six months? That they would use their parking facility, which they, apparently, have some leasehold rights over? That they would use the streets? That they would have no cars, or that they would fly into the damn place? Mr. Olmedillo: That they would rely on the street parking, on -street parking, curb -side parking. Mayor Suarez: And they would then stop making their payments because, presumably, they do not have to keep making them if that variance is, in fact, maintained in place. Mr. Olmedillo: Right. Although that is not part of the issue. Mayor Suarez: Folks, the next time an issue like this comes up, and I hope it never does, try to explain it to us in that way, because none of what has taken place 1n a hour plus has made any sense to any of the four of us. In case you did not notice from the questions we were asking. I warned her about it, and then she started going into the twenty-eight thousand they are paying, or not paying, and the structure crumbling, none of which was making any sense to us. So, please remember we are lay people, we are underpaid lay people up here. Mr. Olmedillo: In conclusion, the Zoning Board issued a variance so they do not have to provide any parking spaces. Zero is all they have to provide. 108 May 28, 1992 Mayor Suarez: All right. And presumably they will park in the street, they will fly in, they will whatever. Mr. Olmedillo: Right. Mayor Suarez: And they would not then have to be leasing space that they do not like to pay all that money for from these folks, in that unsightly looking facility, which some people say 1s safe, some say it is not, but, perhaps, part of it is safe and part of it is not. Mr. Olmedillo: And then Dr. Robertson, who owns property in the area say, I feel aggrieved, I will raise this to the City Commission on an appeal, and that is what we are here for. Mayor Suarez: We got that part of the procedure. All right. Anything further from either side, and then we have to decide, folks. Vice Mayor Alonso: I have a question. Mayor Suarez: Commissioner, Vice Mayor. Vice Mayor Alonso: I would like to know the width of this building. Mr. Olmedillo: The parking building... Vice Mayor Alonso: Yes. The parking building. Mr. Olmedillo: ...or the Paper Wholesaler? Vice Mayor Alonso: Yes. This is a nice looking structure. Mr. Olmedillo: The best that I can tell by the plans is 75 feet at most, but we have the owner here who can tell us more. Vice Mayor Alonso: Do you have one lot, or two lots? Mr. Rice: Well, you have a survey in there that shows it, attached to the lease. Vice Mayor Alonso: Where is the survey? Commissioner Plummer: Jack, answer her question. Do you have one lot, or two lots? Mr. Rice: I do not know. Commissioner Plummer: Ask Doc. Vice Mayor Alonso: Two lots? Mr. Olmedillo: Two lots. Two narrow lots and... Vice Mayor Alonso: Two narrow lots. 109 May 28, 1992 i Mr. Olmedillo: Eighty-five feet. Vice Mayor Alonso: Eighty-five feet. Mr. Rice: Eighty-five by one hundred and twenty five. Vice Mayor Alonso: Eighty-five. Commissioner Plummer: Is that one lot or two? Vice Mayor Alonso: Two small lots. Commissioner Plummer: Yeah. Vice Mayor Alonso: Do you think that in this space can they park 20 cars? I doubt it. Mr. Olmedillo: If you... You can have 10 cars side by side because the spaces should be eight and a half. Vice Mayor Alonso: But they can only use this section. Mr. Olmedillo: Then it will be... If it is the frontage... Vice Mayor Alonso: Only this portion. They cannot use the entire property. Is that right? They tell me this. Mr. Rice: They can use 85 feet by... Vice Mayor Alonso: They tell me they can only use this portion. Is that right? If that is the case no 20 cars fit there at all. Mr. Rice: I want to tell you that Dr. Robertson has been approved by the Building Department to lease this as a parking lot, and this matter came up before the Planning b Zoning Board, and George, the attorney, what is his name, who represents clients in the area, said that that is a safe wall and a safe area. And it has been approved by the Building Department. Commissioner Dawkins: You know, parking the wall... The wall has got nothing to do with it. Mr. Rice: Now he confirmed that... Commissioner Dawkins: You know. Hey look... Hold it... Mr. Rice: ...and it is in the record of the Planning & Zoning Board. Commissioner Dawkins: Let me say something here. Mayor Suarez: You are not helping your cause, Jack, when you go into other issues. Commissioner Dawkins: We all are here for one issue. 110 May 28, 1992 Mr. Rice: I want to tell you it is not a beautiful area. There is a concrete construction company right next to them, and they have got all the debris in Dr. Robertson's property with their consent. In addition,... Mayor Suarez: What is this used, by the way, as long as you mentioned that since he is the appellant? What is... Mr. Rice: It is used as a storage warehouse. Mayor Suarez: His particular use, Dr. Robertson's? Mr. Rice: Storage warehouse. Mayor Suarez: A storage warehouse. Mr. Rice: Warehouse. There is more... Mayor Suarez: Like at one of those places you rent space in, you know? Mr. Rice: No. He uses it... Commissioner Plummer: What was it when it burnt down? It was not a storage warehouse? Mr. Rice: It was a transmission... Commissioner Plummer: It was a furniture... Mr. Rice: Transmission shop. Commissioner Plummer: You are right. Yeah. Mr. Rice: You were lucky it burnt. Because it is a much better, much better... Commissioner Dawkins: Why was I lucky because it burned? Mr. Rice: Well, because it is a much better area with a vacant piece of... Commissioner Dawkins: Well why don't you push all four of the walls down and make it a more beautiful area. Mr. Rice: Well, because we are going to... Commissioner Dawkins: Come on. Come on. Come on, Jack. Mr. Rice: We are going to eventually roof that property,... Commissioner Dawkins: Come on, Jack. Mr. Rice: ...or whoever buys it may roof that property. Commissioner Dawkins: Come on, Jack. ill May 28, 1992 Mr. Rice: Those walls are good for roofing. Commissioner Dawkins: Well put the roof... Well if you are so interested in making 1t a beautiful area put the roof on it. Now come on, you know,... Mr. Rice: Well, they want to lease it. Commissioner Dawkins: Come on. Ah well. You know, let me say this because, I mean, I do not know what we are going up here. Land is the only commodity they are not making any more of. Mr. Rice: That is right and we are... Commissioner Dawkins: The only way the price can go is up. I have heard it complained that Dr. Robertson wants too much for his land. That is his land. Nobody wants to use it. Do not use it and do not pay him. Mrs. Dougherty: That is why we are here. Commissioner Dawkins: Now, secondly, is a month... I heard him say a month to month lease. Gives us a month to month lease, I do not know what you are arguing about. At the end of the month you don't have no lease if you don't want it. I don't, I mean... Mrs. Dougherty: The reason we are here, Commissioner, is because we are going to be in violation if we don't have it. Commissioner Dawkins: No, no, no. I through now. I don't want to hear from anybody. I going to make a statement and be through with it. I am finished with this. Mayor Suarez: Yeah. Let this Commission deliberate and decide, folks, we have got a couple other items. Commissioner Dawkins: Now, if... Mayor Suarez: Wait. wait. Yes. Commissioner Dawkins: No. Go ahead we'll hear from them and then from you too, Lucia. If we are going to hear from her we are going to hear from you. Ms. Elba Morales: For the record my name is Elba Morales, I am the Vice Chair of the City of Miami Zoning Board. Mayor Suarez: I don't know if we have to swear you in. I would guess not from a... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: I guess so. Ms. Morales: I do. Thank you. I just wanted to clarify because I don't think that you have been explained the whole thing. 112 May 28, 1992 Zak Commissioner Plummer: Oh, Godi Ms. Morales: Thank you. Know, only because this item was in front of us for about three different times and we were very familiar with what was happening. The Zoning Board when it granted this variance for six months was trying to see if we could help the people who own the business because they were paying twenty-eight thousand dollars, and it was unfair that they were the only ones who were paying this amount of money. As opposed to the other fellows who have their businesses there. So, what happened was that they were... First they were in front of the Code Enforcement Board and they were cited, and they had to go out and get the 5 parking places. Is that not right? Mrs. Dougherty: That's right. Ms. Morales: So what happened when they came in front of us seeking the variance, we didn't grant the variance but we told the department, we asked them to please go and make a study of the area to see if we could, through the County with Metrorail, if we could get some additional parking so that everybody had their own parking. Because we thought it would be unfair for one particular place, which is a big... It has gotten to be a bigger outfit, thank God for that. We are looking, you know, after the businesses too, and we said, well, the only thing that we could do at this point would be to try to accommodate them for this six months to see if Metrorail will agree, the County and the City working together, I think with them too, in order to get the parking spaces. So that was the whole thing that happened. That's why the Zoning Board gave them six months, in an unusual variance, which we are not accustomed to give. Mayor Suarez: All right. Anything further? If not, Commissioner, please, what is your view of all of this? We had a sort of embryonic motion by Vice Mayor Alonso to the effect of... Commissioner Plummer: Embryonic? Mayor Suarez: ...sort of incipient, the beginning of, something, help. Vice Mayor Alonso: I will move that we deny the appeal. Mayor Suarez: So moved. Denying the appeal. The appeal is being made by the opponents of the property owner, right? Do we have a second on that motion? Do we have a second on the motion to deny the appeal? Let me second... I'll second the motion. Commissioner Plummer: I guess as the oldest member I am then running the meeting. Is that correct? Vice Mayor Alonso: Yes, I guess so because he and I are involved. This is unusual. Commissioner Plummer: Well, I am younger than Dawkins but older in seniority. Commissioner Dawkins: You are older than both of us. 113 May 28, 1992 AOL Commissioner Plummer: Watch your language. The motion 1s understood, that is to deny the appeal granting the variance granted by the Zoning Board. Is there any further City Commission business, ah, questions? Hearing none, call =_ the roll. The following resolution was introduced by Vice Mayor Alonso, who moved its adoption: RESOLUTION NO. 92-357 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING THE TEMPORARY VARIANCE FROM SECTION 1903.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 5 OF 5 REQUIRED OFFSTREET PARKING SPACES FOR THE EXISTING COMMERCIAL BUSINESS (THE PAPER WHOLESALER) FOR THE PROPERTY LOCATED AT 2638 SOUTHWEST 28TH LANE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED I INDUSTRIAL, FOR A PERIOD OF SIX MONTHS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: Commission J. L. Plummer, Jr. ABSENT: Commissioner Victor De Yurre Mrs. Dougherty: Could I ask the Commission to do one further thing. Mayor Suarez: Before you do anything of that sort. Let me give you a warning. Wait, wait, Commissioner. Because we have got on the record a 3 to 1 vote with 1 Commissioner, and probably reflecting the way the rest of us feel, being thoroughly confused. As a hardship this is a tough situation, folks, if this goes to court. The only solution that any us of, I think, see here is some governmental involvement in the area. Not because we have any obligation. I think you have really gotten yourself into this mess, which I know by my saying so, it almost contradicts my vote because of the standards and the acts. So, you better figure out a solution to all of this, and you better figure out a solution to all of this, because, otherwise, they are eventually prevail. That's my guess, folks. Commissioner Plummer: Mr. Mayor, your problem is, and I understand what you are saying, that maybe the City could create some parking, and that would be a nice idea. The problem that you have, presently, is twofold, 1) there 1s no property that I know that is available, and 2) you are so close to a residential area right now, with an industrial zoning, and that's the problem. 114 May 28, 1992 �r + Mayor Suarez: Well, it's... Commissioner Plummer: For example, if... Mayor Suarez: ...becoming a retail area and she is saying that it just doesn't have enough parking and that's... Commissioner Plummer: Well, Mr. Mayor, let me give you an example. I was surprised to hear, I think Lucia made the statement, that Southland Towing is thinking about putting in a restaurant. Let me tell you something. That would be a disaster because all surrounding Southland Towing is nothing but residential. Mayor Suarez: But don't you prefer a restaurant to a Southland Towing facility? Commissioner Dawkins: No, because it's still got no parking. The parking is the problem. Commissioner Plummer: There is no parking. Mayor Suarez: But from the planning standpoint. Well, anyhow, if the planners believe this is a good trend, as she was trying to convince us of and, presumably, someone convinced the Zoning Board, you are going to have to start providing some parking in the area. Mr. Rodriguez: We will... Commissioner Dawkins: If I sit here from 193 I am not voting on nothing to go in there that doesn't have parking. We created a problem for the neighbors, and it is not... Don't go the hell in there if you know you need parking and you don't have it. See, don't tell me that it's... And that is why his property is going up. It is going from industrial to residential. His property increases, he wants more money for his property, and the people who is raising the prices get angry with him, hey, don't all come up here for me to vote on nothing to go in there as residential or retailing that does... if they are not going to push something down and put parking on the... in the building... and, ah, on top of there. Mr. Rodriguez: We will continue pursuing, Commissioner, the discussion we have with Off -Street Parking, and also with the County to see whether we can provide the public parking in the area, because I think that the trend that it is going to is a positive one. Commissioner Plummer: Don't hold your breath. Commissioner Dawkins: Buy his property and put the parking on it. Mayor Suarez: You... Mrs. Dougherty: Six months... 115 May 28, 1992 i Mayor Suarez: If I were you I can't imagine anything that you would .say at this point that would help your cause. But try it. Commissioner Dawkins: I'll tell you what... Mayor Suarez: If you insist on it. Mrs. Dougherty: May I just ask this one question, please? Commissioner Dawkins: If you insist on it I vote for a reconsideration. Mrs. Dougherty: I just want a clarification. Commissioner Dawkins: No. I am going to vote... Mrs. Dougherty: The six months, was it from this day. Commissioner Dawkins: Wait, wait, wait. vote to reconsider. Can I... Mrs. Dougherty: Never mind. Commissioner Dawkins: Can I second. Mayor Suarez: Move to reconsider. Before she clarifies something I Commissioner Plummer: I'll second the motion to reconsider. Commissioner Dawkins: All right. All right, now... Mrs. Dougherty: I withdraw my question. Commissioner Dawkins: Moved to reconsider. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 92-358 A MOTION TO RECONSIDER PRIOR VOTE ON RESOLUTION 92-357 WHICH DENIED THE APPEAL OF A TEMPORARY VARIANCE GRANTED BY THE ZONING BOARD WAIVING 5 OF 5 REQUIRED OFF-STREET PARKING SPACES FOR EXISTING COMMERCIAL BUSINESS AT 2638 S.W. 28 LANE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 116 May 28, 1992 a AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 11 Mayor Suarez: She withdrew her position. Request for clarification. Commissioner Dawkins: Go ahead with your clarification, and I am voting no. Mrs. Dougherty: I just wanted the clarification of the six month period. That's what the Zoning Board had asked. And the six month... If I could only have the six month from today as opposed to... Because the six month period is over in August, otherwise, that's all I am asking. Commissioner Plummer: Well, my question is what happens after the six months? Mayor Suarez: That -ertainly was not resolved. Commissioner Plummer: Are they back here again? Mr. Rodriguez: They will be back here again. Ms. Maer: The variance lapses at the end of of six months. Commissioner Plummer: Look. Excuse me. Mayor Suarez: All thought as we voted on this, I believe Commissioner Plummer,... Commissioner Plummer: In all... Mayor Suarez: ...that 1t meant six months from today. If it meant six months from a prior date, you know, I don't know that clarifying or trying to clarify helped your cause because right now we have no decision on this Commission. Commissioner Plummer: Mr. Mayor, you know, even if it were six months from today, to think, for one minute, that anybody is going to be able to negotiate, under the People -mover, and I am assuming that's where they are talking about, with the County, in less than a year, is barking up a bad tree. Mayor Suarez: Well, but that was the motion that was made,... Commissioner Plummer: You know how those things happen. Mayor Suarez: ...and that was the motion that was passed after an hour and a half of discussion, and that's what the Zoning Board intended to do so... Vice Mayor Alonso: Then maybe if we want to be fair, we should say a year, and let's be realistic... 117 May 28, 1992 Commissioner Plummer: Because you know they are going to be back here in six months. They got to be. Vice Mayor Alonso: ...with the area, and give them a chance. And a year is reasonable. And if within a year they don't find a solution I think the City of Miami should look into the situation, and I think they will. Mayor Suarez: I hear a motion to deny the appeal and extend the period of the variance to another 6 months, for a total of 12 months. Commissioner Plummer: I think... Vice Mayor Alonso: I said that from the beginning. One year... Commissioner Plummer: Better ask the question. Vice Mayor Alonso: ...seems to be reasonable. They wanted more. I didn't want to give them an open statement of unlimited time. Mayor Suarez: That's, I guess, the motion of the table. I don't know if it will get a second. I don't know if it will pass. I don't if we'll all pass out. Yes, Commissioner Plummer. Commissioner Plummer: Question is as I remember zoning law you can give less than advertised, you can't give more. Mayor Suarez: I have no idea of that answer to that. Ms. Maer: On an appeal from the Zoning Board's decision on a variance, this Commission has the authority to reverse what the Zoning Board did, affirm what the Zoning Board did, or modify what the Zoning Board did,... Commissioner Plummer: Without it going back... Ms. Maer: ...and that modification doesn't have a limit on it only being lesser. Mayor Suarez: OK. That's why I took the motion as one that was properly made and I figured that's the best we could do. Commissioner Plummer: OK. I am just asking. Mayor Suarez: OK. Then what is the motion before us then? Vice Mayor Alonso: To extend... To deny the... Mayor Suarez: The appeal... Vice Mayor Alonso: ...appeal and to extend to one year. Mayor Suarez: Now, is that proper then Madam City Attorney? Ms. Maer: I think what she would be doing is you would be granting the variance for a period of one year. A temporary variance for a period of year 118 May 28, 1992 year from this date. So what you are doing is you are affirming the Zoning Board in part and you are modifying the Zoning Board in part. Vice Mayor Alonso: Or denying the other one and... Ms. Maer: Yeah. Either way. But you are affirming the grant... Mayor Suarez: I thought that's what she said. Ms. Maer: ...of the temporary variance and you are modifying it by giving it an additional six months. Mayor Suarez: All right. So moved. Do we have a second on that motion? Do we have a second on that motion? Why don't I second the motion and try to be consistent as... Commissioner Plummer: Motion is made and duly seconded. Public hearing 1s closed. Is there any further discussion among the Commission? Motion understood. Call the roll. THERE UPON MOTION DULY MADE BY VICE MAYOR ALONSO AND SECONDED BY MAYOR SUAREZ. THE HEREIN ABOVE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Victor De Yurre Mayor Suarez: PZ-2. 1240 N.W. 33rd Avenue resolution appeal of variance... Commissioner Plummer: Wait, wait, wait. Excuse me. Motion dies as a two, two tie. I now have the right to make another motion. Mayor Suarez: Please. Commissioner Plummer: I would make a motion, at this time, in all interest of trying to help the entire area, that this matter be deferred for 30 days, to come back to this Commission to give the Administration every effort possible to try to find some kind of a solution that hasn't been found up tilt this date. Mayor Suarez: So moved. That never hurts. Commissioner Plummer: I am trying. Vice Mayor Alonso: What will happen to this specific case that we have in front of us? Commissioner Plummer: As long as litigation is in effect... Mr. Olmedilio: It is continued... 119 May 28, 1992 Vice Mayor Alonso: I beg your pardon? Mr. Olmed111o: It is in abeyance. Mayor Suarez: They got to pay for leasing the spaces is what 1t sounds like to me. Commissioner Dawkins: No they don't to... They don't have to pay they can... They don't have to lease it. Vice Mayor Alonso: They have because they have an obligation to have... Mayor Suarez: To have five parking spaces. Vice Mayor Alonso: ...five, therefore, they have to continue to pay that amount. Commissioner Plummer: That was not my motion designating the Administration look in any... Mayor Suarez: Right. Commissioner Plummer: ...particular place. Mayor Suarez: So moved. Do we have a second on that motion? Vice Mayor Alonso: So say it again. To... Commissioner Plummer: My motion is to defer for 30 days, asking the Administration to go back and try to find any source of relief that is possible. With the full understanding that during that period of 30 days that this matter is held in a stay position. Mayor Suarez: So moved and seconded. The Vice Mayor says, yeah, that sounds... Vice Mayor Alonso: Rather than... Mayor Suarez: ...like a second to me. Mr. Rodriguez: Remember, to clarify something, that you don't have a meeting in 30 days. Your next Planning and Zoning Meeting will be June 11, and the next one will be July 23. Commissioner Dawkins: So it is deferred until then. Commissioner Plummer: Whenever is as soon as possible. OK. Mayor Suarez: To the Planning and Zoning meeting of... Mr. Rodriguez: July 23? Mayor Suarez: July 23. I, 120 May 28, 1992 D. Commissioner Dawkins: And I want you to know, doctor, that if you come here for a vote, and you are charging twenty-eight thousand dollars for four parking spaces, I can't sympathize with you. Commissioner Plummer: Well, excuse me. I want the record to reflect, once again, I am not even hinting to the Administration they got to look next door. I said to look in the area and exhaust every effort to try to find relief. Mayor Suarez: All right. Commissioner Plummer: I think our ordinance still prevails that within three hundred feet, am I correct? - conditional off-street parking up to 300... Mr. Olmedillo: Up to 600 feet they can have only twenty-five percent (25%). Commissioner Plummer: OK. Fine. Mr. Olmedilio: Twenty-five percent (25%). The rest has to be on site. Commissioner Plummer: OK. Fine. Even that would possibly be some relief. OK. Mayor Suarez: OK. Call the roll on the motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 92-359 A MOTION TO DEFER PZ-1 (APPEAL OF THE ZONING BOARD'S DECISION TO GRANT A TEMPORARY VARIANCE TO WAIVE 5 OF 5 REQUIRED OFF-STREET PARKING SPACES FOR EXISTING COMMERCIAL BUSINESS AT 2638 S.W. 28 LANE) TO THE JULY 23, 1992 COMMISSION MEETING; FURTHER INSTRUCTING THE ADMINISTRATION TO TRY TO FIND A SOLUTION OR RELIEF IN CONNECTION WITH PARKING REQUIREMENTS FOR THE AREA. (Note: This motion was later reconsidered by Motion 92-362.) Upon being seconded by Vice Mayor Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 121 May 28, 1992 21. GRANT APPEAL -- REVERSE ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW A LESSER REAR YARD SETBACK TO EXISTING SECOND UNIT OF A DUPLEX RESIDENCE AT 1240 N.W. 33 AVENUE (Owner / Appellant: Verenita Morin). Mayor Suarez: PZ-2. Appeal of variance denied by the Zoning Board. Mr. Olmed111o: PZ-2 is an appeal for a property located at 1240 N.W. 33rd Avenue. This is a variance for a rear setback which was denied by the Zoning Board. It 1s coming to you on an appeal basis. Again the appellant will speak first. Mr. Benigno Pereda: This case was denied on the Zoning Board... Mayor Suarez: Do we have any opponents to this appeal? Mr. Teofilo Palacios: No. Mayor Suarez: Let the record reflect, no. Mr. Palacios: No. We want you give to the... the written to the lady owner of the house. Because she is an old lady with many children, and a very good person. Mayor Suarez: All right. We have from the audience a gentleman that is saying to us that, apparently, the lady who owns the property in the rear may have an objection. I think, I don't know, we have not sworn anybody in and we are not getting any help from staff, which is par for the course. Anyone who is going to testify in this matter, anyone sir, lady, or yourself, please raise your right hand and be sworn in. That's it. Thank you. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Including you, sir, will you possibly testify on this? God knows on what side and on what issue. All right. Let's hear from the a... Commissioner Plummer: May I inquire first, Mr. Mayor? Who 1s Benigno Pereda? Mr. Benigno Pereda: Benigno Pereda, that's me, sir. Commissioner Plummer: That's you. And you are listed here as an agent. Does that mean attorney? Mr. Pereda: No. Commissioner Plumper: What is an agent? What capacity do you serve as an agent? Mr. Pereda: Well, I have a... I was given power of attorney from the owner of the property, to represent her. 122 May 28, 1992 Commissioner Plummer: You are not a lawyer? Mr. Pereda: No, sir. Commissioner Plummer: I don't find that here. Huh? Ms. Miriam Maer: There's apparently a power of attorney. We are trying to get a copy of it,... Commissioner Plummer: I don't have a copy of it. Ms. Maer: ...which is not in our package. Commissioner Plummer: Then he can't testify, not as a power of attorney. Ms. Maer: If the appellant is here, and designates him after putting her name on the record... Designates him to speak for her, that would be another acceptable way of doing it. Commissioner Plummer: Is Venetia Moran here? Mr. Pereda: Yes. Mr. Rodriguez: We have in the record now, power of attorney. Commissioner Plummer: You have got it? Mr. Rodriguez: Um, hum. Commissioner Plummer: How come I don't have... Mr. Rodriguez: Let me give you to the Law Department to review it. Commissioner Plummer: I don't have a copy of it, Sergio. Oh, wait a minute. Yes I do. Mayor Suarez: OK. How many people are here to testify on his side? LOS QUE ESTAN A FAVOR DEL SENOR, A FAVOR DE EL. OK. Who is against this gentleman? QUIEN ESTA EN CONTRA? Glad that we are getting all kinds of help from staff, again,... Mr. Rodriguez: Mr. Mayor, ah... Mayor Suarez: ...it looks to me... Vice Mayor Alonso: So all of these people are in favor. Mayor Suarez: ...like everybody who is here is supportive of whatever... Mr. Pereda: Yes, ma'am. Mayor Suarez: ...it is he is applying for. Very good. 123 May 28, 1992 Commissioner Plummer: According to this record there were two people against and five in favor at the Zoning Board. Mr. Rodriguez: And also if I may include this in the record. We have received by fax this afternoon a copy from... A letter from a person that didn't sign it address to you to all. Vice Mayor Alonso: But if they didn't sign the letter... Mr. Rodriguez: Well... Commissioner Plummer: What? Vice Mayor Alonso: ...does it have any legal... Mr. Rodriguez: They asked me to introduce... I had to introduce it in the record or not. Mayor Suarez: I don't know. Mr. Rodriguez: It is up to you. Mayor Suarez: Why, you think... Ms. Maer: That should also get introduced into the record, and then you weigh the credibility of it based on... Mayor Suarez: OK. Ms. Maer: ...things like whether it's signed,... Commissioner Plummer: Well, let me tell you. Mayor Suarez: Not very credible, if it is not signed. Ms. Maer: ...and what it says, and that type of thing. Mayor Suarez: But if it should be introduced... Commissioner Plummer: Let me tell you. If they don't... Mayor Suarez: ...into the record, so be it. Commissioner Plummer: ...have, if they don't have the guts to sign it... Ms. Maer: Mr. Mayor? Commissioner Plummer: ...I ain't got the guts to read it. Mayor Suarez: Meantime we have got one person that speaks Spanish, one. person that speaks Spanish, one person that speaks Spanish. It would be really help if one of you would infiltrate the audience, and try to help them to tell to us what their position is. 124 May 28, 1992 Ms. Maer: Mr. Mayor? Mr. Rodriguez: Do we have a person representing them, I believe, which is Mr. Pereda? Mayor Suarez: Well we didn't know that he was representing all of the people here. We assumed that there were some against and some in favor. Now we find out that they are all in favor. Is that the case? There is no one against this gentleman? You all like this guy? Mr. Pereda: Yes. Mayor Suarez: TODOS ESTAN A FAVOR DE ESTE SENOR FEO CON LOS ESPEJUELOS? Oh. It is not really him you like, it is her. And she is the... Mr. Pereda: Yes. It is her. Mayor Suarez: All right. But he is the agent for her. Ms. Maer: Mr. Mayor? Mayor Suarez: That's probably because you don't want to pay him. I know. I know the feeling. Commissioner Plummer: Did anybody read this? Did you read this? Mayor Suarez: Yes. Commissioner Plummer: You read it? Ms. Maer: If 1 may. I would prefer... Mr. Rodriguez: Just cut it down. Ms. Maer: ...I was just given this power of attorney at this moment, and I would prefer, after reading it through quickly, that since the property... that since the appellant is herself present in the audience, that she be sworn in, and state her name and her interest in that... Mayor Suarez: Well, that is very interesting except that we may be about to take a vote on this thing, and just pass whatever the heck it is, since nobody seems to be opposed to it, unless you tell us that there is some grave, legal, moral or public policy reason why we shouldn't do that. Mr. Olmedillo: Again, it is a variance and you got to look at the standards for the variance for the hardship. Mayor Suarez: OK. It is variance... Commissioner Plummer: I never read them. Mayor Suarez: ...to allow a rear yard setback of 6.3 feet, instead of 20 feet, at 1240 N.W. 33rd Avenue... 125 May 28, 1992 Mr. Olmedillo: That is correct. Mayor Suarez: ...which 1s roughly, ah... What area? It is not quite Flagami, is it? Mr. Olmedillo: Just south of a... Commissioner Plummer: Oh Lord no. Mr. 0lmedillo: ...112, the ramp... Mayor Suarez: South of... Vice Mayor Alonso: No that's... Mayor Suarez: What did he say? Commissioner Plummer: No. Mr. Olmed111o: The ramp. The exit ramp of 112. I mean 836. Mayor Suarez: Right. Commissioner Plummer: Question. Vice Mayor Alonso: Going 27 like going to the you turn left. Mayor Suarez: And it's kind of... Right. Commissioner Plummer: Question. Mayor Suarez: Which is certainly not an area where, you know, this kind of thing is going to cause a probably... What is it called? Vice Mayor Alonso: Grapeland Height. Mayor Suarez: Oh, it's Grapeland. Commissioner Plummer: Question. Mayor Suarez: And we don't see the neighbors here strongly opposed to this. Is there any possibility, if I may, Commissioner Plummer, I don't want to interrupt you. You are saying question. Commissioner Plummer: The question I have is, when was it built? It's obviously an extension. Mr. Pereda: No. Mr. Olmedillo: Since it was built without the benefit of a permit, we don't know. Commissioner Plummer: When? 126 May 28, 1992 Vice Mayor Alonso: They know. Mr. Olmedillo: We don't know. Commissioner Plummer: When was this extension built, sir? Mr. Pereda: It was built as a storage before. Commissioner Plummer: When? Mr. Pereda: It has a permit as a storage. It was built, I believe,... Excuse me for a minute. Let me find out. Commissioner Plummer: Sure. Mr. Rodriguez: You understand the situation we have here? It is basically we find an illegal construction, and it was... notice of violation, and they are trying to correct the legal construction by asking for a variance. Commissioner Plummer: OK. But he is indicating that it was built to be a shed, and I am assuming that it is presently being used as a residential use. Mr. Olmedillo: Right. Mr. Pereda: Correct. Commissioner Plummer: And when was 1t built, sir? Mr. Pereda: It was built in 1980 as a storage facility. Vice Mayor Alonso: Oh, so the requirement was not... Commissioner Plummer: OK. Vice Mayor Alonso: ...twenty, but ten. Mr. Pereda: Correct. Commissioner Plummer: OK. Mr. Olmedillo: As a shed. Mr. Pereda: No. Commissioner Plummer: The question is... Mr. Olmedillo: As a shed. Mayor Suarez: As a shed. And it is now eight... Mr. Olmedillo: It is five feet. Mayor Suarez: It is now eight. 127 May 28, 1992 El Mr. Olmedillo: As a shed. Now it is twenty foot setback because it is a dwelling unit. Mayor Suarez: It is now being used as a dwelling. Mr. 01med111o: That 1s correct. Mayor Suarez% Thank you. Commissioner Plummer. Commissioner Plummer: The question. Is, in fact, it in compliance with the South Florida Building Code. Is it a safe portion. I am more concerned about whether it is safe for human habitation, then I am about the setback. Mr. Pereda: OK. Sir,... Commissioner Plummer: No. Excuse me. Mr. Pereda: Oh. OK. Commissioner Plummer: I am asking people that I pay, sir. OK. Mr. Palacios: It is very safe. Commissioner Plummer: OK. Thank you, sir. Mr. Juan Gonzalez: Commissioner, to answer your question, Juan Gonzalez, Planning, Building 8 Zoning Code Enforcement. At the time the plans will be processed, the structural inspector will ask for certification from the engineer, that all construction meets code. Commissioner Plummer: OK. So if, in fact, this is approved, it would be approved predicated knowing fully well that the approval is predicated on a certificate of occupancy based on all requirements of the South Florida Building Code being met. Mr. Rodriguez: Compliance of the South Florida Building Code. Mr. Gonzalez: That is correct, Commissioner,... Commissioner Plummer: Thank you, sir. Mr. Gonzalez: ... except for the portion that he built with a permit. The ones he built without a permit, will be made in certification. Mayor Suarez: Is there any possibility that if we approve this thing, somehow by the old domino effect, or something else, this whole neighborhood is going to deteriorate? Commissioner Plummer: No, that's... Vice Mayor Alonso: No, not at all. Mr. Oimedillo: Every item... 128 May 28, 1992 Mayor Suarez: I mean, legally. I mean, hopefully from the standpoint of... Commissioner Plummer: It's always a danger. Don't mean it's going to happen. Mayor Suarez: Right. From the standpoint of quality of life... Commissioner Plummer: No, the question is, if the man next door wants to do it, why isn't he entitled? And the man next door, and the man next door. Doesn't mean it's going to happen, but yes, it does set a precedent. Mr. Rodriguez: That is basically... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: All right, sir. Come up to the mike. Since you were sworn in, give us your name. Because you're going to have your say today, regardless of what else happens so... Mr. Teofilo Palacios: We all are living around that lady. Mayor Suarez: SU NOMBRE, POR FAVOR, SU NOMBRE. Commissioner Plummer: Sir, that has... Mr. Palacios: Teofilo Palacios. Teofilo Palacios. Mayor Suarez: Y SU DIRECCION. Your address. Mr. Palacios: 1247 N.W. 33rd Avenue, in front of her home. Mayor Suarez: In front of her home. And you... Mr. Palacios: And we know her for twenty years. Mayor Suarez: What do you think... If we grant this, do you think that other people... Mr. Palacios: I think she has been molesting [sic] too much for some people that want to molest her, I don't know why. He is a very nice... Mayor Suarez: People are harassing her, people are bothering her, and you don't know why. She's a fine lady and she should be allowed to have this setback variance. Is that what you're saying? Mr. Palacios: We live in front. That man is living in the back. Mayor Suarez: The man with the mustache, the... Mr. Palacios: That one here. Mayor Suarez: Oh, this guy here, with the glasses. Mr. Palacios: He's living in the back. 129 May 28, 1992 r] Mayor Suarez: He supports her, too. Mr. Palacios: We don't understand what this problem is for so long time. Vice Mayor Alonso: Mr. Mayor, I'm ready to move. Mr. Palacios: Disturbing this lady. Mayor Suarez: Well, technically she's in violation of our ordinance and... Mr. Palacios: She may have a violation, but it's not so important. Mayor Suarez: It's not... Mr. Palacios: It's not so important. Commissioner Plummer: In the old days, that was just a little pregnant. Mayor Suarez: Did you see how these three... Vice Mayor Alonso: I'm about to make a motion... Commissioner Plummer: Just a little pregnant. Vice Mayor Alonso.: ... in support of their position, but let's not get carried away. Mr. Palacios: It becomes easy. Mayor Suarez: We're going to schedule a debate between you, with that philosophy and these three up here who have a slightly different philosophy, of how neighborhoods should be. Mr. Palacios: It's some kind of abuse against this lady. I don't know why. She is eighteen months with this... since... because she should do it. Mayor Suarez: She seems like a very nice lady to us. Vice Mayor Alonso: OK. Sir, we agree with you. She's a nice lady. Mayor Suarez: There you go. Vice Mayor Alonso: She has a very nice smile, so I'm going to move that we approve the appeal and... So, I couldn't agree more. She has a very nice smile, I agree with you. Mr. Palacios: I want you to know that do have many friends around twenty yards. Vice Mayor Alonso: Great. Commissioner Dawkins: We don't have the friends. She's just got them. 130 May 28, 1992 Mr. Palacios: I want you to know that I vote for you three or four years ago. Vice Mayor Alonso: That's right. So you... Mayor Suarez: All right. That's what he... Commissioner Dawkins: All right. Now you got my vote. Commissioner Plummer: You really know how to impress... Vice Mayor Alonso: OK. I will move to... Mayor Suarez: So moved as to PZ-2. Vice Mayor Alonso: Yes, and also, Mr. Mayor, with the provision that you don't ever allow an agenda like the one we have had today. Mayor Suarez: Wowl Somehow we have to fitter these small agendas. They are the ones that create all the problems. Vice Mayor Alonso: I know. Commissioner Plummer: Mr. Mayor,... Mayor Suarez: Moved. Commissioner Plummer: Mr. Mayor, in all fairness the only proviso that I think needs to be attached is that in that half of the duplex, which does extend, that there cannot be a second family living there. It can be only a single-family... Vice Mayor Alonso: But this is a duplex. Commissioner Plummer: No, no. I said in that half. That half. Mr. Olmedillo: So it's limited... Commissioner Plummer: In other words, that a duplex would only have two families total. Mr. Olmedillo: For the entire property. Commissioner Plummer: That is correct. Mr. Olmedillo: For entire lot. Commissioner Dawkins: One family each side. Is that what you're saying, J.L.? Commissioner Plummer: One family each unit. Commissioner Dawkins: OK. Mayor Suarez: All right. 131 May 28, 1992 Mr. Rodriguez: Yeah, that's what it is. Mayor Suarez: OK. Commissioner Plummer: Fine. Mayor Suarez: We have a motion and a second... Commissioner Dawkins: You seconded it, J.L.? Mayor Suarez: ... with that understanding. Commissioner Plummer: If you wish. Mayor Suarez: It's not really a condition, it's an understanding. Because I believe that's what the law provides. Mr. Rodriguez: No, it could be a condition. Commissioner Dawkins: Call the roll quick, before we go. Mayor Suarez: It's a condition? Mr. Rodriguez: Make it clear, so we don't misunderstand afterwards. Vice Mayor Alonso: It's a duplex. Yeah. OK. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: No three electric meters. The following resolution was introduced by Vice Mayor Alonso, who moved its adoption: RESOLUTION NO. 92-360 _ A RESOLUTION REVERSING THE DECISION OF THE ZONING _ BOARD AND GRANTING THE VARIANCE FROM SECTION 1903.1 OF -_ ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD _ SETBACK OF 6.3' (20'-0" REQUIRED) TO AN EXISTING = EFFICIENCY REAR UNIT OF A TWO-FAMILY DETACHED RESIDENCE FOR THE PROPERTY LOCATED AT 1240 NORTHWEST 33 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED -_ HEREIN), ZONED R-2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, SUBJECT TO THE CONDITION THAT THE PROPERTY SHALL BE USED ONLY AS A ONE OR TWO-FAMILY DWELLING. -_ (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 132 May 28, 1992 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Mr. Pereda: Thank you, Commissioners. 22. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT: ARTICLE 4 (ZONING DISTRICTS), C-1 (RESTRICTED COMMERCIAL), AND ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), SECTION 937 (ADULT ENTERTAINMENT AND ADULT SERVICES) -- TO PROVIDE AN EXCEPTION FOR SALE / LEASE OF ADULT ENTERTAINMENT MATERIAL AS A PERMITTED ACCESSORY USE IN C-1 DISTRICT, WITH PROVISOS -- DIRECT CITY ATTORNEY TO DRAFT ORDINANCE WHICH WOULD ATTEMPT TO PRESERVE PRESENT POLICY AND PREVENT FUTURE PROLIFERATION OF SAID BUSINESSES. ------------------------------------------------------------------------------ Mayor Suarez: PZ-3. Mr. Guillermo Olmedillo: PZ-3 is an amendment which 1s proposed to you on the adult entertainment material. What we're trying to do is that the C-1 districts, which is the commercial district, to introduce up to ten percent of the area, limit to a maximum of a hundred square feet, or ten percent of the material, to have what we have designated as adult entertainment material, which is tapes,... Commissioner Dawkins: Just a minute. What is adult entertainment materials? Mr. Olmedillo: If you look at your page 18, on top of the page, it is defined... Commissioner Dawkins: Page 18. Mr. Olmedillo: Right, big 18, top of the page, and I'll read it for the... Commissioner Dawkins: Wait a minute. Hold it. Hold it. Mr. Olmedillo: I'll just read it for the record. Commissioner Dawkins: That's PZ what now? Mr. Olmedillo: Item 3, PZ-3. 133 May 28, 1992 Commissioner Dawkins: PZ-3. Commissioner Plummer: Is there anybody here to testify on this item? Commissioner Dawkins: Page 18. Page - 7-11. Commissioner Plummer: There is people here? Commissioner Dawkins: Page 7, 18? Mr. Olmedillo: Page 18, big 18 on the lower left hand corner. Commissioner Dawkins: Eighteen. Fifteen, 16, 17, 18. What now? Mr. Olmedillo: Now on top of the page, adult entertainment material consists of videos, tapes, recording cassettes, photographs, books, magazines and other periodicals which depict, describe or contain matter relating to specified sexual activities or specified anatomical areas. As a matter of background, what has happened is that, originally, a video store was cited for having material which is included in the adult entertainment definition of the zoning ordinance. The attorney for that particular... Commissioner Dawkins: Now read in the middle of page 18, under adult private dancing, read that part where it says specific what now? Mr. Olmedillo: Specific anatomical areas, it says those areas of the human body less than completely or opaquely covered which consist of female genitals or pubic region, male or female buttocks, anus, inner and cleft or cleavage, female breasts below a point immediately above the top of the areola, or human male genitals in a discernible turgid state. Commissioner Dawkins: So that's what you mean by adult entertainment materials? Mr. Olmedillo: Adult entertainment materials... Commissioner Dawkins: OK. I just needed it in the record, clear. That's all. Mr. Olmedillo: Adult entertainment material... Commissioner Dawkins: Thank you. Mr. Olmedillo: ... includes specified anatomical areas. Commissioner Dawkins: Thank you. Thank you. Mr. Olmedillo: Yes, sir. Now what this allows is that in the C... Vice Mayor Alonso: I will move to deny. I will move to deny. Commissioner Plummer: To deny what? Vice Mayor Alonso: To deny all of this stupidity that I have in front of me. 134 May 28, 1992 Commissioner Plummer: The what? Vice Mayor Alonso: All of the stupidity that is placed in front of me. Commissioner Plummer: Why are you trying... Vice Mayor Alonso: Why don't we go to a special exceptions, if that is the case that you need? - and you look at the case and you analyze and then you make the decisions. Commissioner Plummer: No, no, no. Send me down. I'll be your representative. Vice Mayor Alonso: Oh, please! We will remind you at election time, and... Mayor Suarez: Who's here on this matter? Commissioner Plummer: What are you trying to accomplish? Mr. Olmedillo: What happened... Commissioner Plummer: I mean, is this... I've got the feeling that you're doing this to try to comply with some court action that we lost. Am I... Mr. Olmedillo: No. We have an appeal right now to a decision made by the Zoning Administrator in which he interpreted that the specific material that was included in the video store was what we call adult... Mr. Rodriguez: Entertainment material. Mr. Olmedillo: Not only adult... It's adult entertainment. Adult entertainment, generally. The definition that we have for adult entertainment is kind of all-inclusive, which then bans many operations that today take effect. Like if you have a magazine such as Playboy or the type of magazine, you have books which show, textbooks which may show any of the things that I listed before as specified anatomical areas that... Commissioner Plummer: So you're saying that if it's in a textbook, it's got to be thrown out? Mr. Olmedillo: Those are illegal. Mr. Rodriguez: No, no, no. Mayor Suarez: No, no, no. The specified anatomical areas, I guarantee you, are not illegal. Mr. Olmedillo: Everybody has them. Mayor Suarez: There you go. Commissioner Plummer: Yeah, but some are questionable. 135 May 28, 1992 C 11 Vice Mayor Alonso: Our zoning laws, it is C-1 or C-2, so... Mr. Olmedillo: So this is defined... That's permitted in C-2. Now, what we're saying is that... Vice Mayor Alonso: Zoning matter only. Commissioner Plummer: What are you doing about those motels on 8th Street? Vice Mayor Alonso: Hal Ask me what... Commissioner Plummer: No, no, no. That have adult rooms and adult films. Vice Mayor Alonso: Appoint a committee of one and give it to me. Commissioner Plummer: They're C-1. No, I'm saying they're C-1. Correct? Now if they have the adult... Mr. Olmedillo: If there's an adult entertainment... Commissioner Plummer: ... regional area... Mr. Rodriguez: Maybe if we can make a presentation.... Mayor Suarez: Are you doing all of this unnecessarily? May I just find out procedurally where we are? There's an appeal? Mr. Olmedillo: There's an appeal which is pending right now and it's in abeyance waiting to see what happens to this ordinance. It's held at the Zoning Board level. -- P Mayor Suarez: Who is filing the appeal? Mr. Olmedillo: Steve Helfman is representing the applicant, who is here. Mayor Suarez: OK. Who 1s the applicant? Mr. Olmedillo: West Coast Videos is the applicant. Mayor Suarez: All right. Mr. Olmedillo: Originally they were... - Commissioner Dawkins: Shouldn't we, at some point, swear in anyone that's — going to be heard on this matter? Mr. Olmedillo: Thay were sworn in. Mayor Suarez: Are you suggesting, or is anyone suggesting, any Commission —_ member or City Attorney or Assistant City Manager or anyone that we should —_- take a whole different approach to this? Because otherwise we have to back and hear everybody, folks. These are adversarial proceedings. I presume some = people are here on the... 136 May 28, 1992 __ E Mr. Olmedillo: This is a... Ms. Maer: You're not hearing the appeal here today. Mayor Suarez: No? Where am I wrong? Ms. Maer: You're not hearing the appeal here today. Mayor Suarez: What are we hearing today? Mr. Rodriguez: A text... 11 Ms. Maer: You're hearing an amendment to the ordinance. Vice Mayor Alonso: An amendment to the zoning ordinance. Ms. Maer: Exactly. ROTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 7: 5 p.m. Mr. Rodriguez: Ordinance. Mr. Olmedillo: It's a request made by... Mayor Suarez: On that issue, do we have different opinions, or is everyone in full agreement? Mr. Olmedillo: I believe we may have because we have different people here and we may have different opinions. Mayor Suarez: Have you been able to ascertain that so we can get them all sworn in? Mr. Olmedillo: At least one person I know is against it. Mayor Suarez: All right. Please swear in people... Ms. Hirai: Yes. Mayor Suarez: ... who are going to speak for or against this particular zoning... Vice Mayor Alonso: May I ask Guillermo, because I want to move. I already did, denial. Mayor Suarez: Hold off the swearing in until the Commissioner has finished her preliminary inquiry, presumably related to this procedure. 137 May 28, 1992 Vice Mayor Alonso: May I ask this question? I'd like to move for denial. Then can I ask that we look at this as special exceptions? Mr. 0lmedillo: We may include it... Vice Mayor Alonso: And we analyze each case individually and, maybe approve. Mr. 0lmedillo: You have the option. Instead of the ordinance as presented to you to require that a special exception hearing be required for every instance that this is permitted. Vice Mayor Alonso: I'm going to move for denial. Mayor Suarez: All right. Let's get everybody sworn in and then we'll see how we handle this. Everyone who is going to testify on this issue, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: All right, counselor, do we - or do we any further from staff, Guillermo? Any more recommendations? Mr. Olmedillo: Just to summarize, it's an amendment to the zoning ordinance which we feel will bring some logic to this situation. We have a definition which is all-inclusive and what we're trying to do is to limit 1t to a space which is a maximum of a hundred square feet, or ten percent of the material in C-1 districts. That's the... Vice Mayor Alonso: Yeah, what you're saying is, let's have it in the middle of the neighborhoods. Mr. Rodriguez: Well, the... Vice Mayor Alonso: I don't agree with that. Mr. Rodriguez: The problem that we have now 1s that in... Vice Mayor Alonso: That's what you are saying. Let's have it in the middle of the neighborhood, like if we didn't have enough. Mr. Rodriguez: The problem that we have now is that in C-1 districts, we have like 7-Eleven types of stores that sell material, like Playboy and other type of magazines which are now in violation of the present ordinance, if we were to enforce it. Vice Mayor Alonso: Well, let them look at their problems. Mayor Suarez: As of when are those violations? As of the Supreme Court decision or somebody? Or... Mr. Rodriguez: Always when you apply this ordinance to the extent that it is here, you know. The way it is defined, not only will it apply to regular video stores that might sell or lease material that, videos that would have any type of sexual activity or any movies in... For example, any movie theater 138 May 28, 1992 that shows a movie that might be R-rated, that might have any sexual activity or any anatomical part being shown which is of a genital nature, or sexually described here, then those people will be in violation. So we're trying to define this in such a way that if you were to have any stores selling any type of material like this, it would be confined to an area, it would be ten percent of the area, or one hundred square feet, and that it will be... Mayor Suarez: And you're trying to do this because you had nothing else to do, or because someone made some... Mr. Rodriguez: We have a lot of things to do. But there is a lot of reasons. There was a complaint that we have material being sold in video stores that was pornographic in nature. Mayor Suarez: Those complaints came to the Planning Department? Mr. Rodriguez: It came, and then following that, we sent a code enforcement officer... Mayor Suarez: That's a very unusual circumstance for the complaints to go to the Planning Department. All right. Mr. Rodriguez: Planning, Building and Zoning. This is, you know, we have code enforcement. Mayor Suarez: I would have thought they would have typically come to the Commissioners and to the Manager and everybody else. All right. Mr. Rodriguez: Well, it came to us. Whatever, it came to us. Mayor Suarez: And he wasn't complaining? Mr. Rodriguez: No. If I may... Mayor Suarez: I'd love to see what his role is in all of this, but we're getting there. We're getting there. Mr. Rodriguez: Yeah. And what happened 1s that when we tried to... Vice Mayor Alonso: You'll be surprised. Mr. Rodriguez: ... deal with the complaint from this individual, and we gave violation notices to different people, Mr. Nelfman said that we were unfairly selecting the enforcement in a particular project. Mayor Suarez: We were doing selective enforcement of his client... Mr. Rodriguez: Of his client. Mayor Suarez: ... aiid its operation. Mr. Rodriguez: So at that point, he asked for an interpretation of zoning ordinance. Mr. Genuardi gave an interpretation of the zoning ordinance and he said in his interpretation that this type of material couldn't be sold in C-1 districts, commercial... 139 May 28, 1992 2 Mayor Suarez: Could not be sold. Mr. Rodriguez: Could not. Mayor Suarez: But could be sold in... Mr. Rodriguez: Could not be... In C-2. Mayor Suarez: C-2. Vice Mayor Alonso: C-2. Mr. Rodriguez: It's permitted in C-2, which is a more... Mayor Suarez: C-2 are more adult people. Mr. Rodriguez: It's more liberal in nature, and it allows, for example, nowadays video stores and adult stores presently. Mayor Suarez: All right. Mr. Rodriguez: Now, so when that happened, it was taken to the Zoning Board, and... Mayor Suarez: Presumably his client does not have a store located 1n a C-1 district, but rather in a C-2. Or the other way around. Vice Mayor Alonso: C-1. C-1. Mr. Rodriguez: He has... On the contrary, he has it in a C-1 and he wants to be able to sell or to lease that kind of material. Mayor Suarez: I guess I said it backwards. All right. Mr. Rodriguez: So they have then he appealed the interpretation of the Zoning Administrator. We went to the Zoning Board. There were two hearings. There was a postponement, and they asked in the meantime to see if we can find a solution that will address this issue properly. Mayor Suarez: All right. Mr. Rodriguez: And he issued... in his argument, he was mentioning the situation that we have with the magazines being sold in the convenience stores, and so on. So trying to deal with that, we tried to confine the damage, in the sense that we were trying to confine the impact that will be caused by that kind of activity being sold in different places. So that's where we are now. Vice Mayor Alonso: Why are we the ones who have to have a more liberal situation? They can resolve... We are not telling them you cannot conduct business. All that we are saying complies with the law, and what the law means, they can only use... And it really is the same for everybody. If someone is in violation, let's go after them. I have no problems with that. 140 May 28, 1992 0 I don't think we should change this to have a more liberal zoning to provide more of same. Steven Helfman, Esq.: Commissioner. Vice Mayor Alonso: Yes. Mr. Helfman: For the record, Steve Helfman, and I represent West Coast Video. Under the scenario that you're proposing, the first place that your code enforcement people should go is across the street to the Grand Bay Hotel. I bought this magazine there today. It's called "Self." Because of this ad, which has an ad for Neutrogena, the Grand Bay Hotel is an adult service establishment under your zoning code, and it should be shut down. Either that, or they should stop selling this magazine. The second magazine I bought there today was "Life." Life Magazine. I don't need to go through all the pictures and show you what's there. Vice Mayor Alonso: We really appreciate that. Mr. Helfman: The point is, is that your ordinance has a problem with it, and your department has recognized that, and they're saying we need to correct it. We need to deal with it. Under a special exception, you would require every single movie theater in this City who showed more than a PG-13 film to come in for a special exception on every film that they show. Commissioner Plummer: Are they for or against. Mr. Helfman: You would require every sundry shop, every 7-Eleven... Your cable station, as I understand it, shows material that violates your own ordinance. The sale of those cable franchise programs... Vice Mayor Alonso: How come we didn't have this problem before? Mr. Helfman: Because the department never went out and cited anybody until now. Vice Mayor Alonso: I believe that most of the movie theaters that we have in the City of Miami probably are located in C-2. Mr. Rodriguez: No, there are - I was checking on that - there are three of them which are in C-11s or that go back to the C-1 district. Mr. Helfman: Or, for example, Cocowalk, in the SPI which doesn't allow this at all. That doesn't incorporate the C-21s. They would have to shut down their theaters based upon the films I've seen there. I mean, there's a problem with the ordinance. Is it in response to a lawsuit? No. But you're going to try to avoid a lawsuit. That's why we're here. We're trying to come up with some legislation that will deal with this problem. Vice Mayor Alonso: Yes, it will open the door. Mr. Helfman: It opens no door. It'll close down... Vice Mayor Alonso: Of course it does. 141 May 28, 1992 Mr. Helfman: Otherwise the Blockbuster Video at the corner of Douglas and Coral Way, very close to where this woman lives, must shut down tonight, and they should be cited, because - probably ninety percent of the films in that place violate your ordinance. Commissioner Plummer: Would an R... Let me ask this. Would an R-rated film violate the ordinance? Mr. Helfman: Absolutely. Commissioner Plummer: Then he's right. Mr. Olmedillo: If it's in C-1... Vice Mayor Alonso: Well, we must find a different solution,... Mr. Rodriguez: ... by definition. Vice Mayor Alonso: ... and maybe this should go back and you find another solution. This one where it will open the door... Mayor Suarez: I love the way they answered. Vice Mayor Alonso: ... to more establishments like this. Mr. Rodriguez: And the problem, you know, so you understand what happened. The problem was initiated by... Vice Mayor Alonso: no way. Mr. Rodriguez: ... a person trying to open a video store and showing XXX movies in the video store. Vice Mayor Alonso: They can sell something else. Mr. Rodriguez: And because of that, when we gave them a violation based on a -{ complaint, that's when we have the problem. -� Mr. Helfman: Your own packet today contains a very brief description of a Supreme Court case from another state which makes it very clear that you .` cannot regulate this activity at all. You're attempting to continue to regulate it and keep a handle on it, which is an understandable response, and this is a cure for a problem that you have. It's not creating a larger problem. Vice Mayor Alonso: We are not attempting to do anything. We want to keep things as they are now. They were fine. Mr. Helfman: In doing that, you really have to close down virtually every establishment in this City that either sells a magazine such as "Life," or any movie theater. 142 May 28, 1992 - Vice Mayor Alonso: I don't think I quite agree with you. I don't think it will be like that. I think that you're going to the extreme to show to me a magazine who has an ad that I would rather not have it, if I could change it, but I will accept it in the type of society that we live today. Mr. Helfman: I understand. Let me tell you what other communities... Vice Mayor Alonso: But there's a difference between that magazine and some other material. Mr. Helfman: This is not the first time this has happened, obviously. There's a lot of communities in this country. The generally accepted method of dealing with this, is what your department is proposing. Dade County has an ordinance - not that Dade County is perfect, they've got problems, too - but Dade County has an ordinance that allows fifteen percent of a facility before it's deemed an adult facility. Manatee County, I've submitted a copy of their ordinance that has ten percent. This is the way that local governments are dealing with this thing. It's the appropriate way to address this type of problem, and your department is attempting to do that, to avoid problems. Vice Mayor Alonso: Let's continue this item until something like next year. Mayor Suarez: That's interesting, counselor. The first time you made a presentation to us, you were very frustrated, and I remember that. I guess we must not have voted with you, but you've certainly learned over the years. Like when you make reference to Dade County, right away you sort of qualify by saying, not that Dade County is perfect or anything. So, you're learning to deal with us. Mr. Helfman: Commissioner Dawkins taught me everything. Mr. Jones: Mr. Mayor. Mayor Suarez: Yes. I think so. I think it had a lot to do with how the Commissioner feels on my right, and somewhat on my left, too. Now,.,. Mr. Helfman: Commissioner Dawkins, they're getting theirs. Mayor Suarez: ... we have an opposing viewpoint on all of this, and we should hear from you, if you'd like. And tell us if you represent a neighborhood association, please. Ms. Graciela Balanzategui-Garrido: Good evening. Graciela Balanzategui- Garrido, 3620 S.W. 20th Street. I represent the Coral Gate Homeowners Association. We did vote on this. Mayor Suarez: As the lawyer? Ms. Graciela Balanzategui-Garrido: No. Mayor Suarez: Oh. Good. Ms. Graciela Balanzategui-Garrido: As the secretary. 143 May 28, 1992 Mayor Suarez: Good. Ms. Graciela Balanzategui-Garrido: We did vote on this, and we are opposed to liberalizing it to the extent of having it in all C-11s. You do need to address the problem, but having it... The definition needs to be changed, it needs to be made more specific. You need to have some kind of foot requirement. Liquor stores can only be a thousand feet form each other, so this should have something similar to that. As far as freedom of speech,... Mayor Suarez: Are we any less capable... Excuse me, for a second. Madam City Attorney, are we any less - Mr. City Attorney - less competent or authorized or permitted to legislate liquor stores and the distance between them, than we are to legislate the distances between video stores, and XXX-rated, XXXX- rated, and all that nonsense. Mr. Jones: Yeah, I think when you start talking about video stores to the extent that it involves adult entertainment, you start having to take into consideration the First Amendment. I think if I hear Mr. Helfman's argument and I would have... Mayor Suarez: So drinking has never been considered to be a form of speech? Mr. Jones: Well, no. Absolutely not. Commissioner Plummer: Or lack thereof. Mayor Suarez: Or lack thereof in some cases. Mr. Jones: No. Mayor Suarez: OK. Mr. Jones: But I think that... Mayor Suarez: I just want to remember my constitutional guidelines here. Mr. Jones: OK. Mayor Suarez: No? Mr. Jones: But I think the problem that you're presented with is that the ordinance as it presently exists, and at least as I view it, has some problems in terms of over -breadth, as relates to how adult entertainment is... Mayor Suarez: Are you nodding in agreement? Mr. Helfman: I agree with you. Yes. Mayor Suarez: Does that mean that we may be heading towards a situation here where what we ought to do is review all of this at a later time as proposed by Vice Mayor Alonso? - or what? Mr. Jones: Well, I think that's one possibility. Certainly,... 144 May 28, 1992 4 Mayor Suarez: The old punt. Mr. Jones: I'm not punting. I'm running straight ahead. The other alternative is to try and cure what seems to be - what appears to be, or what is apparent in terms of a defect in the ordinance, because otherwise what the Administration is going to be charged with is citing each and every business that this ordinance applies to. If you don't do that, then of course you've got the problem of selective enforcement. But I really think that there is an impediment to the ordinance to the extent that it is overly broad and it needs to be clarified. Mayor Suarez: I see what you guys were doing. What you guys were doing is you were trying to trick us into thinking that today was a simple agenda, because we only have four items. But we have the case of the crumbling building that is made to look like a parking lot. The case of the pornography ordinance that is made to look like a simple issue of zoning,... Vice Mayor Alonso: Indeed. Uh-huh, that's bottom line. Mayor Suarez: ... the lady who cried and with emotion, I think, when her matter was granted. Commissioner Plummer: Well, may I ask a question? Mayor Suarez: A shed in the back of the house. Yes. Commissioner Plummer: Mr. City Attorney,... Mr. Jones: Yes, sir. Mayor Suarez: One of those days. Commissioner Plummer: ... realizing the dilemma that this Commission is on, do you feel that you can come up, and come back to this Commission, with an ordinance that will make us legal in what we're doing, but not opening the door to others? Mr. Jones: OK. Let's see if I can answer that. It's only going to... Commissioner Plummer: It's just that simple. That's really what we're trying to accomplish. Mr. Jones: Well, let me say this. I would be in a position, yes, to go back and look at the ordinance and come back to you with something that I think would pass constitutional muster that would be in keeping with Supreme Court cases as regards to defining what adult entertainment is, and to the extent that you can legislate it. Because the more recent cases basically have narrowed the gap in terms of municipalities or municipal agencies or cities being able to legislate, because the courts view this as really legislating morality, which the courts really frown on and... Commissioner Plummer: I think that's the answer. F 145 May 28, 1992 ' t y Mr. Jones: in derogation to the First Amendment. So to answer your question, yes, I can go back and review it and come back to you with something that I think passes constitutional muster. Commissioner Plummer: I so move. Mayor Suarez: So moved. Commissioner Dawkins: Move for what? Commissioner Plummer: I move that the City Attorney go back and try to find a way of making what we're doing legal, yet not opening the door to further expansion of the problem. Mr. Helfman: Well, Commissioner, maybe I can help. Commissioner Plummer: I didn't get a second, so don't worry about it. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Commissioner Plummer: I got a second. Bingo. Commissioner Dawkins: Now we can have discussion. Mayor Suarez: Counselor. Mr. Helfman: What's given rise to this is one particular situation. There's not a ground swell of a problem here. Let me suggest that possibly we re - explore the Zoning Administrator's determination in light of the cases that have come about, and maybe we can get an interpretation that would resolve the immediate problem and will go on for another thirty years, since this ordinance was originally drafted, hopefully, and not have another. Commissioner Plummer: I might not be here in thirty years. Commissioner Dawkins: Well, what's wrong, Mr. Helfman, with the Zoning Administrator and yourself sitting down with the City Attorney as the City Attorney draws up what we just asked him to draw up. Mr. Helfman: They've got a lot of important things to do,... Commissioner Dawkins: Beg your pardon. Mr. Helfman: ... and I know, I sit in that position in another jurisdiction, and I just, you know. Commissioner Dawkins: Yeah. Yeah. You gave me that. Mr. Jones:, Commissioner, let me just say this. Let me just say this. To the extent... Commissioner Dawkins: He's going to do it. 146 i May 28, 1992 Mr. Jones: Commissioner and members of the Commission, to the extent that you allow any zoning area, or any zoning district, any type of adult entertainment, that's the real crux of the problem. What they've attempted to do and what's been attempted to do in this particular ordinance, is to address that, and I don't really think that's there any other way that you can do it if you're going to allow any adult entertainment, period, as long as you allow other sundries and other stores to have any type of adult entertainment, you would have to allow video stores or any other entities wanting to sell that in that particular district. Commissioner Dawkins: I call a question. Mayor Suarez: All right. We have a motion and a second. Do you want to say anything on that particular motion? Commissioner Plummer: Well, I would hope, Mr. Mayor, that these ladies... Mayor Suarez: I guess you're not going to say anything because he is. Ms. Graciela Balanzategui-Garrido: No, I... Commissioner Plummer: ... would avail themselves of working with the City Attorney so that we, hopefully, can come back with something that is... Commissioner Dawkins: Everybody can live with. Commissioner Plummer: ... in accord with. Mr. Helfman: I thought we had done that,... Vice Mayor Alonso: That makes sense. Mr. Helfman: ... but certainly we can go back and look at it again. Ms. Graciela Balanzategui-Garrido: We do not want to infringe on anybody's First Amendment rights, but we do want to make sure that the community has a say in what goes in and what doesn't. Vice Mayor Alonso: Exactly. Commissioner Dawkins: In other words, you want to protect everybody else's civil rights and yours. Ms. Graciela Balanzategui-Garrido: And mine. Commissioner Dawkins: Your first... All right. No problem. Mayor Suarez: I thought you were with Graciela. Sure, go up and have your say. By the way, our preeminent concern in all this - we're not legislating pornography here... Vice Mayor Alonso: Not at all. j 147 May 28, 1992 i Mayor Suarez: ... is zoning and, you know, the purchase of video materials =_ �i and graphic materials, and I think we're - as long as we're consistent on _( that, we have a great deal of latitude as to how, you know, what zoning areas 4 of the City, what areas of the City we want to have zoned for that activity, -r video stores, whatever the video may have. I'm not sure how we ever got into = =1 a situation where we have to define the content in terms of anatomical parts - and somewhat akin to obscenity. I don't know how we ever got into that. We have a paramount interest in the police power to zone video stores. We just don't want to have video stores all over the place, whether it's XXX-rated or, —� you know, one X, or whatever. Commissioner Dawkins: Or no X. - �i Mayor Suarez: Yeah. Graciela. Ms. Graciela Balanzategui-Garrido: Thank you very much. Commissioner Plummer: Call the roll. Commissioner Dawkins: Call the roll. Mayor Suarez: Did you want to say something real quick? You felt like you were deprived of your freedom of speech under the First Amendment. We don't want to do that. Vice Mayor Alonso: Don't want to that. Ms. Ofelia Tabares-Fernandez: Thank you very much because the... Mayor Suarez: Name and address, please. Ms. Tabares-Fernandez: My name is Ofelia Tabares-Fernandez, and I am a member of the Planning Advisory Board and the one who spearheaded the deny vote of the Planning Advisory Board, seven to two, and I live at 1861 S.W. 36th Avenue. First, I'm appalled really to see that this item come in front of the City Commission and that the applicant is the City of Miami and not any other particular applicant. I have never seen that, when you want to do something to improve the quality of life of the City, you decide to liberalize and bring activities and business activities that are not precisely in accordance to the life-styles of residential areas. The City, the Planning officers even explained that by defining adult entertainment and adult service establishments, there are many reasons why they shouldn't be close to the residential areas, particularly because they might reduce the value of the property in... Let me give it to you. And just say confining. It's not confining, it's locating where they belong. C-2, C-3, etcetera. Yes. No, because you are the one who wrote the whole thing. The issue of the First Amendment has been brought to our attention and we ask the counsel of the Planning -Advisory Board, and it's perfectly clear - I don't know what your lawyer says now - that this has absolutely nothing to do with First Amendment, has nothing with constitutional violations. That's the first thing, because every time someone wants to improve the quality of life, provide and help young people, and even grown ups, everybody comes all the comes with the First Amendment issue that has absolutely nothing to this case. In addition, the West Coast video on Flagier Street even has kiddie rides inside. I want to know what a place that has kiddie rides inside,... 148 May 289 1992 Commissioner Plummer: What kind of rides? Ms. Tabares-Fernandez: ... I mean, can... Mayor Suarez: Kiddie rides in a video store? Ms. Tabares-Fernandez: That's what they say here. Commissioner Plummer: What? What? Ms. Tabares-Fernandez: I'm reading. Mayor Suarez: I didn't know about that. Ms. Tabares-Fernandez: And what... Commissioner Plummer: What is it? Mayor Suarez: Kiddie rides. Ms. Tabares-Fernandez: I mean, hasn't... Mayor Suarez: Kiddie rides. Some kind of kiddie rides. Ms. Tabares-Fernandez: Yes, because they also... Mayor Suarez: Which you are not a kiddie. Vice Mayor Alonso: Kiddie rides. Commissioner Dawkins: Little children, if you don't know what a kid is. Ms. Tabares-Fernandez: Excuse... Kiddie. Kiddie rides. Vice Mayor Alonso: They do? Ms. Tabares-Fernandez: The same as MacDonalds. Vice Mayor Alonso: They do? Ms. Tabares-Fernandez: The same as MacDonalds. Mayor Suarez: All right. Ms. Tabares-Fernandez: And the thing is that they try to confuse... Commissioner Plummer: Are you all a bunch of perverts or what? Ms. Tabares-Fernandez: ... by adult entertainment... Commissioner Plummer: Huh? Wait a minute. Mayor Suarez: I guess they're saying... 149 May 28, 1992 s Commissioner Plummer: I've got to get an answer. Ms. Tabares-Fernandez: Excuse me. Commissioner Plummer: What kind of kiddie rides have you got in a... Ms. Tabares-Fernandez: And he's the lawyer representing that... Mayor Suarez: Oh, yeah. We know that. Mr. Helfman: First of all, you need to understand that this is the second largest chain of video stores in the United States. Commissioner Plummer: That is not my question. Mayor Suarez: Do you have kiddie rides in a video store? Commissioner Plummer: What kind of kiddie rides do you have in this store? Mr. Helfman: There were some kiddie... This is a family -oriented business. Commissioner Dawkins: Name the rides. Commissioner Plummer: This is called anatomy by braille. I ask again. Vice Mayor Alonso: So the answer is yes? Mr. Helfman: There were. Vice Mayor Alonso: You have it. Mr. Helfman: There are not any longer. Commissioner Plummer: Oh. Commissioner Dawkins: OK. You got them out. Ms. Tabares-Fernandez: Excuse me. Commissioner Dawkins: You got them out. Mr. Helfman: This is a mainstream video store... Ms. Tabares-Fernandez: Excuse me. Mr. Helfman: ... like any Blockbuster or anything else. Mayor Suarez: I had never heard of kiddie rides in a... Ms. Tabares-Fernandez: Excuse me. Mayor Suarez: ... video store, that's the only reason I asked. All right. It has very little relevancy to the rest of what we're doing, apparently, but anything else, Ofelia? 150 May 28, 1992 s Ms. Tabares-Fernandez: Yes. Yes. Because they want to simply cover, by saying that the only reason, the only thing they are trying to change is, on C-2, is the sale or lease of adult entertainment material by a store as a permitted accessory use, and our good friend, Olmedillo, only read what an adult entertainment material as specified anatomical areas is. Commissioner Plummer: Dirty old man. Ms. Tabares-Fernandez: But I would like for him to read specified sexual activities, and I want our forefathers to tell us that, that belongs on C-1. Please. Could he read it? - and I want to continue. Mayor Suarez: No, ma'am. I'm not inclined to ready anything... Mr. Rodriguez: She can read it. Mayor Suarez: ... right now. Ms. Tabares-Fernandez: All right. Mayor Suarez: But 1f you want to have anything to say, you're entitled to say it, Ofelia, but I'm not reading anything. Ms. Tabares-Fernandez: I will read it. I will read it. Have no problem. Mayor Suarez: It's been a long day, and you know... Ms. Tabares-Fernandez: "Specified sexual activities. Those activities which, when described, display, exhibited, simulated or depicted by whatever medium in an adult entertainment service establishment. One, show the human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation. Two, sexual acts between humans and animals. Three, show one human being fondling or touching erotically the genitals, pubic area, buttocks, anus, female breasts of another human being." If we keep complaining about our community, if we keep complaining about drug abuse, we keep complaining about liquor abuse, we keep complaining about lack of ethics, I want to know why we have to change. There is no prohibition. The ordinance, the City ordinance provides for those places to exist. We all know they are very productive, they are very profitable and there is a lot of people willing to pay for those services, but please not in C-1. Mayor Suarez: All right. Very good. Commissioner Plummer: Call the roll. Mayor Suarez: We have a motion and a second. Any further discussion on the motion? If not,... There's no specific date attached is there, Commissioner, to... Mr. Rodriguez: No, this was deferred. Vice Mayor Alonso: The intent is to find a solution to this... 151 May 28, 1992 Mayor Suarez: Constitutional... Commissioner Plummer: That does not expand. Vice Mayor Alonso: ... that will not allow any expansion... Mr. Rodriguez: To the law department. Commissioner Plummer: Correct. Mr. Rodriguez: No expansion. Vice Mayor Alonso: ... this type... Commissioner Plummer: And no kiddie rides. Mayor Suarez: Call the roll on the motion, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 92-361 A MOTION TO DEFER AGENDA NUMBER PZ-3 [PROPOSED FIRST READING ORDINANCE SEEKING AMENDMENT OF ORDINANCE 11000, ART. 4, C-1, ART. 9 AND SECT. 937 (ADULT ENTERTAINMENT AND ADULT SERVICES)] -- TO PROVIDE AN EXCEPTION FOR THE SALE/LEASE OF ADULT ENTERTAINMENT MATERIALS BY A STORE AS A PERMITTED ACCESSORY USE IN C-1 DISTRICTS, ET CETERA} FURTHER INSTRUCTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE WHICH, WHILE COMPLYING WITH EXISTING LAW, WOULD SEEK TO AVOID OPENING THE DOOR TO OR OVER -LIBERALIZING EXPANSION OF SAID BUSINESSES. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. 152 May 28, 1992 ------------------------------------------------------------------------------ 23. (Continued Discussion) RECONSIDER PRIOR VOTE DENYING APPEAL OF TEMPORARY VARIANCE GRANTED BY ZONING 80ARD TO WAIVE REQUIRED OFF-STREET PARKING SPACES AT 2638 S.W. 28 LANE -- CONTINUE TO JUNE 11TH MEETING (Owner / Applicant: Janyce Robins 8 Robert Granoff; Appellant: James G. Robertson) (See labels 18 b 20). Mayor Suarez: We have this resolution on the Midnight League. Does anybody have problem with this? Miami Police Department. Vice Mayor Alonso: May I bring back PZ-1, please, for reconsideration? Mayor Suarez: PZ-1 is moved to reconsider. Vice Mayor Alonso. Seconded? Commissioner Dawkins: Second? Commissioner Plummer: PZ-1. Vice Mayor Alonso: Yes. Commissioner Dawkins: She seconded? You said she seconded? Mr. Guillermo Olmedillo: That's the Paper Wholesaler. Mayor Suarez: Call the roll. Commissioner Plummer: I don't... Mayor Suarez: Who seconding it? I don't know that we can reconsider an item when the opposing party is no longer here. Vice Mayor Alonso: Can we? Mr. Sergio Rodriguez: I believe they left. Commissioner Plummer: I don't think you can reconsider. Ms. Matty Hirai: Who seconds, Mr. Mayor? Mayor Suarez: We don't have a second yet. Commissioner Dawkins: Yeah, second. Vice Mayor Alonso: Let's see. Mr. Jones: You can move to reconsider. Mayor Suarez: Seconded by Commissioner Dawkins. Commissioner Plummer: Even though she wasn't on the prevailing side? 153 May 28, 1992 Mr. Jones: Even though she wasn't on the prevailing side. Yeah. Vice Mayor Alonso: We can? Mr. Jones: Yes. You can reconsider. Ms. Lucia Dougherty: And I advised them that I was going to ask for a reconsideration. Mayor Suarez: All right. Ms. Dougherty: And they said they chose to leave. Mayor Suarez: We have a motion to reconsider. I don't know what counselor's statement adds to that at this point, but let's call the roll. (AT THIS POINT, THE CITY CLERK BEGAN TO CALL THE ROLL.) Commissioner Plummer: Now, wait, wait, wait. Hold on. Hold on. Let's get a little technical here. Does not the maker of a motion to reconsider have to be on the prevailing side? Commissioner Dawkins: No. Mayor Suarez: No, no. Commissioner Dawkins: No, no. Commissioner Plummer: Wait a minute. Don't say no. Commissioner Dawkins: Not under... Under Robert Rules of Order, yes. Under Mason... Commissioner Plummer: We don't operate on Roberts Commissioner Dawkins: Under Mason Rules of Order, no. Commissioner Plummer: Mr. City Attorney, seeing as how my colleague is trying to steal your money, what is your opinion, sir? Mr. Jones: OK. Commissioner Dawkins: No, no. Mr. Jones: Wait, wait. Commissioner Dawkins: What does the book say? Not your opinion, sir. Commissioner Plummer: OK. What does the book say? Commissioner Dawkins: What does... Yes, sir. Mayor Suarez: As to the rules that bind us. 154 May 28, 1992 Commissioner Dawkins: Thank you. Mr. Jones: Madam City Clerk, do you know what the vote was on that? - because I have my notes showing that it was unanimous. Commissioner Dawkins: What difference does it make? Commissioner Plummer: It was two, two. Mayor Suarez: Two, two. Commissioner Dawkins: What difference does it make? Ms. Maer: No, the subsequent motion was unanimous. Commissioner Dawkins: Mason Rules of Order says you do not have to be on the prevailing side to reconsider. Mayor Suarez: I'm pretty sure the Commissioner is correct. That there's no specification at all of who can move to reconsider. Commissioner Plummer: I thought there was. What, are we going to have to sit through, and hear this thing all over again? Mayor Suarez: No. No. No, no, no. Vice Mayor Alonso: No way. Mayor Suarez: We've heard the matter. In fact, we only have one party here. The only thing we're going to have to hear is whether we can, in fact, act on it differently from what we've already done and I'm... Commissioner Plummer: No, the question is, is because De Yurre 1s here. Mayor Suarez: And also the fact that the other party is not... Commissioner Plummer: No, but De Yurre has not had the opportunity to hear the issue. Mayor Suarez: And the other party 1s not present. I'm going to vote for the motion to reconsider, but then let's get all of that clarified. I don't know that we... Commissioner Dawkins: If you are going to reconsider, could be because we've got a full Commission now. We didn't have a full Commission then, now that could be one reason. Mayor Suarez: Now, are we OK as far as the motion to reconsider, Madam - ... Mr. Jones: Yeah. Mayor Suarez: ... Mr. City Attorney. — 155 May 28, 1992 a 6 Mr. Jones: According to this, as long as there is a majority you can reconsider. Mayor Suarez: All right. Vice Mayor Alonso: And can we take any action on this issue? Mayor Suarez: Why don't we take that up as soon as we move to reconsider, so at least we have the matter before us, Madam... Vice Mayor Alonso: That doesn't make any sense to reconsider if... Mayor Suarez: I know. But at least we have the matter before us. Right now we don't even have the matter before us. OK. Call the roll on the motion to reconsider. The following motion was introduced by Vice Mayor Alonso, who moved its adoption: MOTION NO. 92-362 A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 92-359 WHICH DEFERRED AGENDA ITEM PZ-1 (APPEAL OF THE ZONING BOARD'S DECISION TO GRANT A TEMPORARY VARIANCE TO WAIVE 5 OF 5 REQUIRED OFF-STREET PARKING SPACES FOR EXISTING COMMERCIAL BUSINESS AT 2638 S.W. 28 LANE) TO THE JULY 23, 1992 COMMISSION MEETING. [See Motion 92-363, hereinbelow.] Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I have to vote no. How can you reconsider when the other party is not here? Mr. Jones: Commissioner. Commissioner Plummer: They have the right to have fully their motion, their ideas to be heard, and you're going to reconsider something without them being present? 156 May 28, 1992 Commissioner De Yurre: J.L., the party that's not here, were they against... Commissioner Plummer: Yes. Commissioner De Yurre: ... what was being proposed? Mr. Jones: Yeah. Commissioner De Yurre: So then if I vote no, then that takes care of it. Mr. Jones: Commissioner, it would be proper to reconsider, but you would have to, in order,... Commissioner Dawkins: All right. Just rnove that we hear it at the next meeting. Mr. Jones: ... for due process, to be afforded due process, those people would have to be here. Commissioner Dawkins: We hear it again at the next meeting. Mayor Suarez: Folks. Ms. Hirai: Excuse me. Commissioner Dawkins: We hold it again at the next meeting. Mayor Suarez: Yeah. Mr. Jones: So you can set it for another day. Commissioner Plummer: That's fair. Commissioner Dawkins: All right. We hold it at the next meeting. Vice Mayor Alonso: Then we... Mr. Jones: You can move to reconsider and set it for another day and that would satisfy due process requirements. Vice Mayor Alonso: The next Commission meeting? Commissioner Plummer: That's fine. Commissioner Dawkins: OK. Thank you. Commissioner Plummer: That's fine. Then I vote... If it's to reconsider at another Commission meeting, I vote yes. Commissioner Dawkins: At the next Commission meeting. Commissioner Plummer: That's fine. Ms. Hirai: To the next Commission meeting? 157 May 28, 1992 Vice Mayor Alonso: Yes. Commissioner Plummer: That's fine. Vice Mayor Alonso:- June 11th, right? Assistant Attorney Maer: I think what you do is you vote to reconsider and then you direct... Vice Mayor Alonso: And then we move to... Mr. Jones: OK. Mr. Mayor. Vice Mayor Alonso: What did she say? Mayor Suarez: Wait. Assistant Attorney Maer: You vote to reconsider it and then you direct staff to schedule it... Mayor Suarez: Yeah, before you give us that opinion, be sure that you remember what, in fact, we did do, because we may not have to move to reconsider at all, just to schedule it for the next Commission again. Commissioner Plummer: It was a two, two tie. Mayor Suarez: What was it that we finally did do on it? Commissioner Plummer: Two, two tie. Mayor Suarez: It was a two, two tie initially, and then you moved... Commissioner Plummer: Then I made a motion... Mr. Jones: My notes... Ms. Hirai: It was deferred for 30 days. Commissioner Plummer: ... to give them an additional 30 days to try. Mr. Jones: Our notes show that it was deferred to July 23rd. Mayor Suarez: Right. Ms. Hirai: True. Mayor Suarez: So we're not doing anything different folks. Commissioner Plummer: Well, wait a minute now. The Mayor is making a point. OK? The motion... Which motion are you reconsidering? Mayor Suarez: Right. It was the only one that passed. I 158 May 28, 1992 Ms. Hirai: It was the only one. Conmissioner Plummer: OK. The last motion was only to give them a 30-day deferment to look for some other site. Mayor Suarez: Right. Which is not... Mr. Jones: That's the only one you voted on and passed. Mayor Suarez: ... inconsistent with what we're trying to do now, except I don't think we have to do anything, unless somebody wants to move that consideration a little bit farther up. Vice Mayor Alonso: Well, no the problem is... Commissioner Plummer: No, the problem is, then they're out completely. Vice Mayor Alonso: ... bring the item again next Commission meeting. Mayor Suarez: Then it would be on the June one, instead. Vice Mayor Alonso: June 11th. Mayor Suarez: All right. That will be fair. I think, procedurally, fair to the other party and... Vice Mayor Alonso: Yes. Mayor Suarez: ... might at least allow us to rehash the issue for the benefit of Commissioner De Yurre and anyone else that might... Vice Mayor Alonso: Yes. Mayor Suarez: ... want to feel differently. All right. Vice Mayor Alonso: OK. Commissioner Plummer: Fine. Mayor Suarez: I don't think we need to complete the roll on the motion to reconsider, do we? - at this point. Mr. Jones: I think to be on the safe side, you should. Mayor Suarez: All right. Complete the roll on the motion to reconsider. Vice Mayor Alonso: OK. Then complete. Ms. Hirai: May I take the roll call, Mr. Mayor? COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Now, I'll entertain a motion... 159 May 28, 1992 Commissioner Dawkins: Mr. Mayor, we have... Mayor Suarez: ... to have the item heard at the June filth matter with all the other provisos that you made, J.L., in your motion, please. Vice Mayor Alonso: Yes. Commissioner Plummer: That's fine. Mayor Suarez: So moved and seconded by the Vice Mayor. Cal the roll on that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 92-363 A MOTION TO CONTINUE AGENDA ITEM PZ-1 (APPEAL OF THE ZONING BOARD'S DECISION TO GRANT A TEMPORARY VARIANCE TO WAIVE 5 OF 5 REQUIRED OFF-STREET PARKING SPACES FOR EXISTING COMMERCIAL BUSINESS AT 2638 S.W. 28 LANE) TO THE JUNE 11, 1992 COMMISSION MEETING; FURTHER INSTRUCTING THE ADMINISTRATION TO TRY TO FIND A SOLUTION OR RELIEF IN CONNECTION WITH PARKING REQUIREMENTS FOR THE AREA. Upon being seconded by Vice Mayor Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CWDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER REGULAR NON -AGENDA ITEMS.] 160 May 28, 1992 ------------------------------------------------------------------------------- 24. DIRECT MANAGER TO ALLOCATE $15,000 IN SUPPORT OF THE MIAMI MIDNIGHT BASKETBALL LEAGUE, INC. - INNER CITY YOUTH PROGRAM (Law Enforcement Trust Fund). Commissioner Dawkins: Mr. Mayor, we have a resolution here where they want fifteen thousand dollars ($15,000.00). I was going to bring it up, but since Commissioner De Yurre is here, I think he should bring it up. Commissioner De Yurre: I move it. Mayor Suarez: So moved... Commissioner Dawkins: OK. Mayor Suarez: ... on the Midnight League. Commissioner Dawkins: All right. Mayor Suarez: Is that from the Law Enforcement Trust Fund? Commissioner Dawkins: Yes. Mayor Suarez: *And the Police Department is the sponsor of that? Commissioner Dawkins: I second it, but under discussion. Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I want them to delete the last paragraph from the bottom, which says: "Whereas the $15,000.00 to be contributed by the City of Miami has not been included in the Police Department's normal operation budget." That has no bearing on what we're doing at all, and I think it should be deleted. Mayor Suarez: Any particular reason why that was put in there? Is that to... Lt. Joseph Longueira: I think part of that complies that you can only use Law Enforcement Trust Fund on items that are not budgeted. If it was... Mayor Suarez: But you don't need to put that in the resolution, Lieutenant. Commissioner Dawkins: Yeah, you don't need to put that in the resolution. Lt. Longueira: That's fine with me. Mr. Jones: If it's not a budgeted item, I mean, it's just added verbiage. Mayor Suarez: You don't have to recite that. 161 May 28, 1992 Commissioner Dawkins: That's right. Mayor Suarez: It happens to be correct, but you don't have to recite it, so with that deletion, we have a motion and a second. Call the roll. The following resolution was introduced by Commissioner Be Yurre, who moved its adoption: RESOLUTION NO. 92-364 A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE MIAMI MIDNIGHT BASKETBALL LEAGUE, INC. - INNER CITY YOUTH PROGRAM AND ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF $15,000 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor Be Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. 25. RESCHEDULE SECOND COMMISSION MEETING IN JULY TO TAKE PLACE ON JULY 16, 1992. ------------------------------------------------------------------------------ Commissioner Plummer: Mr. Mayor, I'd like to ask consideration,... Commissioner Dawkins: I have one more. Commissioner Plummer: ... please, to change the July meeting of the 23rd to July the 16th, if that is in accord... Mayor Suarez: So we would have a meeting on the 9th and the 16th. Commissioner Plummer: We are supposed to receive the budget no later than the 15th, which is... 162 May 28, 1992 Mayor Suarez: So, hopefully, that would give us time to begin delving into that. Commissioner Plummer: Exactly. Mayor Suarez: OK. So moved as to the 16th. Commissioner Plummer: I so move. Mayor Suarez: Any problem, Commissioner? Call the roll. Seconded by the Vice Mayor. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 92-365 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF JULY, 1992 TO TAKE PLACE ON JULY 16, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. 26. DIRECT ADMINISTRATION TO REROUTE CITY SURPLUS EQUIPMENT PREVIOUSLY EARMARKED FOR HAITI TO SANTO DOMINGO, NICARAGUA, OR ANY OTHER SISTER CITY HAVING THE CAPABILITY TO REPAIR SAME -- APPOINT COMMISSIONER DAWKINS TO COORDINATE THIS EFFORT. Commissioner Dawkins: Mr. Mayor, I need special permission from the Commission, special permission. I asked for some equipment to donate it to Haiti, and, as you know, there is an embargo on in Haiti. We can't send _ anything over there. So, therefore, I would like for the Commission to give me the permission to send it to Santiago, or to Nicaragua, or wherever a Sister City is and they have the money to repair it. Santo Domingo or =_ wherever... Where they have the money to repair and get it in good shape, and I so move. 163 May 28, 1992 Vice Mayor Alonso: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Commissioner Dawkins: OK. Commissioner Plummer: You're saying we're going to send equipment to Santo Domingo? Commissioner Dawkins: Sister City, yes. Commissioner Plummer: And then from Santo Domingo... Commissioner Dawkins: No place. Vice Mayor Alonso: No, no, no. Commissioner Dawkins: No. No place. Vice Mayor Alonso: Instead of going to Haiti, send it to another country. Mayor Suarez: Stuff that we had previously allocated to Haiti. Commissioner Dawkins: Stuff we had allocated to Haiti. Commissioner Plummer: Oh. Oh. Oh. Commissioner Dawkins: We cannot send it to Haiti because of the embargo, and =_ it's just sitting here and nobody is using it. Vice Mayor Alonso: Change the destination. Commissioner Plummer: All right. Who are you dealing with in Santo Domingo? Commissioner Dawkins: Right now, we're not dealing with anybody because we didn't have it to give to them. — Mayor Suarez: I think the Mayor of Santo Domingo has been asking for a while. Commissioner Dawkins: Yeah. Yeah. Commissioner Plummer: Well, that's the reason I'm asking. Mayor Suarez: The Mayor of the city. _ Commissioner Dawkins: The Mayor of the city and the Senator. The Mayor of the city who is of Balaguer's group, and the Senator who is of the other -_ group, have both come together and said we want it for the betterment of the _ city. Vice Mayor Alonso: That's right. 164 May 28, 1992 Commissioner Plummer: Can I ask... Mayor Suarez: Well, all of that's going to be run by - at least coordinated -- through the Sister Cities Program, too. Commissioner Dawkins: Yes. Mayor Suarez: You'll coordinate it. a� Commissioner Plummer: All right. Let me coordinate that with you and I'll go ahead. Commissioner Dawkins: You know, you know, wait a minute. Wait a minute. Why is it that I can't do it? Why do I have to coordinate it through somebody? _— Mayor Suarez: All right. There's plenty of discretion there in that motion. -- Commissioner Dawkins: OK. Well, I also said with Nicaragua. Mayor Suarez: Call the roll on the motion. 165 May 28, 1992 — 6 2 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 92-366 A RESOLUTION RESCINDING RESOLUTION NO. 91-606, ADOPTED SEPTEMBER 11, 1991, IN ITS ENTIRETY, WHICH AUTHORIZED THE DONATION OF CATEGORY "A" SURPLUS STOCK TO THE CITY OF PORT -AU -PRINCE, IN THE REPUBLIC OF HAITI; DIRECTING THE CITY MANAGER TO ADVISE THE CITY COMMISSION AS TO THE AVAILABILITY OF CATEGORY "A" SURPLUS STOCK SHOULD THE EMBARGO OF GOODS RECENTLY PLACED UPON SAID NATION BE LIFTED; CLASSIFYING ONE HUNDRED (100) SURPLUS SOLID WASTE CONTAINERS, TWO (2) SURPLUS SWEEPERS, FOUR (4) SURPLUS 32-YARD RUBBISH TRUCKS, SIX (6) SURPLUS 20- YARD GARBAGE PACKING TRUCKS, ONE (1) SURPLUS POLE TRUCK CRANE, THREE (3) SURPLUS TANK TRUCKS, ONE (1) SURPLUS LOBE TRUCK, TWO (2) SURPLUS 20-YARD PACKING BODIES (NO TRUCK), TWO (2) SURPLUS WHEELCHAIR VANS, TWELVE (12) SURPLUS SUB -COMPACT CARS, AND EIGHT (8) SURPLUS MEDIUM -SIZE CARS, AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH EQUIPMENT BECOME AVAILABLE, AND DONATING THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE PROVINCE OF MONTE PLATA, IN THE DOMINICAN REPUBLIC, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN MAY 28, 1992 AND MAY 27, 1993; SAID EQUIPMENT TO BE USED BY THE PROVINCE OF MONTE PLATA IN ITS MUNICIPAL HEALTH, RESCUE, AND SANITATION EFFORTS, WITH ALL REPAIR, TRANSPORTATION, PACKING, AND SHIPPING COSTS TO BE BORNE BY THE PROVINCE OF MONTE PLATA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. 166 May 28, 1992 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:36 P.M. Xavier L. Suarez MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK - � C I NCORP ► ATED 18 96 167 May 28, 1992