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Home My WebLink AboutCC 1991-03-28 Minutes (CITY OF MIAM ~' I NCORP~~IR:1TE'1~ *' 0 18 96 ~. '~~COt~FL~~~ i 1'IGG 1 } N~ N~iI ~ MARCH 2 $ , 1991 - PLANNING & ZONING P~~PAREO $Y TM~ QFFICE OF THE CITY CLERK CITY HALL ~~ ~ INDNX MINUTES OF REGtJLAtt MgBTING MAROH 28, 1991 ITEM SUEJECT LEGISLATION pAGB ISO. NO. 1• PRFSSFNTATIONS3 DISCUSSION 1 (A) COMMENDATIONS MOST OUTSTANDING 3/2$/91 OFFICERS OF MONTH (FEBRUARY) -OFFICERS THEODORE CARACCIOLO AND RICARDO ROQUE. ($) PRESENTATION BY HARRY HOGAN (SHAKES-A-LEG PROGRAM) OF LIVE L085TERS FROM MAYOR ROBERT McKENNA OF NEWPORT, Rf10DE ISLAND TO MAYOR SUAREZ - IN CONNECTION WITH SHAKE-A-LEG SAILING it COMPETITION. - 2. EMERGRNCY ORDINANCE: ESTABLISH NEW ORDINANCE 2-4 SPECIAL REVENUE FUND: SUMMER YOUTH 10857 EMPLOYMENT AND TRAINING PROGRAM (FY 3/28/91 '91) JTPA II-B - APPROPRIATE $462,150 FROM .SOUTH FLORIDA EMPLOYMENT AND - TRAINING CONSORTIUM - AUTHORIZE MANAGER TO ACCEPT GRANT AWARD. 3. DISCUSSION CONCERNING PROPOSED DISCUSSION 4 RESOLUTION AUTHORIZING MANAGER TO 3/28/91 sf EXECUTE` AGREEMENT WITH MIAMI MENTAL `~- HEALTH CENTER FOR PURPOSES OF CONVEYING ~. TITLE OF CITY-OWNED LOT ADJACENT TO ORANGE BOWL TO DEVELOP 20 AFFORDABLE s RESIDENTIAL UNITS - WITHDRAWN BY MANAGEMENT. ~; 4. . DISCUSSION CONCERNING HOMELESS DISCUSSION 5 j~ PROBLEM - DIRECT CITY ATTORNEY TO SUE 3/28/91 ~;~ THE ,COUNTY,: IF NECESSARY, TO FORCE IT TO 'ASSUME ITS- RESPONSIBILITY :(Issue ;, tableduntil afternoon, but not taken _ ~~. up) . A) ACCEPT BID: P.N.M. CORPORATION - 91-239 -7 :. ,,. ;~: FOR-7 AND 9 STREET PEDESTRIAN MALLS IN DISCUSSION { `a _ OVERTOWN (Project B-4545). 3/28/91 3 ~'. i (Bj MAYOR SUAREZ URGES MANAGER TO :. _ CREATE INCENTIVE PROGRAM TO ATTRACT ~{ _ MERCHANTS TO THE OVERTOWN PROJECT. ~''- b. BRIEF; DISCUSSION AND WITHDRAWAL OF DISCUSSION 7-10 {: - PROPOSED RESOLUTION ACCEPTING BID OF . 3/28/91 ~`~ ,, HARRISON CpNSTRUCTION `CORPORATION, FOR ~ ~ ~~ ORANGE BOWL MOAERNIZATION PHASE II _ ~;# (1991) (Pzo~ect B-3231-C) (Withdrawn by ; ;" ~ i ': Administration,) . ~; ~, 7, DISCUSSION CONCERNING EXPIRATION OF 7HE DISCUSSION 11-4G ~ CUBAN MUSEUM OF ART-AND CULTURE LEASE. 3/28/91 '~ d; ~ ~_~ ~; ~, ~,, , a ~~: r - _ s; ~-' i ~' - '. _.. S• 1 M ~ ~ _ 4 . L.. ~~ ' ~~~ ~ ~. , ~ ~ $. PERSONAL APPEARANCE BY VERONICA DISCUSSION 4661 NAGYMIHALY TO PROTEST ADMINISTRATION'S 3/28/91 UNDERSTANDING OF CITY COMMISSION ACTION TAKEN CONCERNING LANDSCAPE REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME AT ' 2500 N.W. 22 AVENUE - DEFERRED TO NEXT MEETING FOR FINAL CONSIDERATION. _` 9+ DISCUSS AND TEMPORARILY TABLE REQUEST DISCUSSION 62-b7 BY MIAMI COMMUNITY POLICE BENEVOLENT 3/28/91 ASSOCIATION FOR STREET CLOSURES AND AMENDMENT TO ORDINANCE 10764 IN CONNECTION WITH: 1991 BUD DRY ROCKING THE RIM OUTDOOR BASKETBALL TOUR (See 1abe1 11). 10. RATIFY MANAGER'S FINDING OF EMERGENCY R 91-240 68-69 AND WAIVE COMPETITIVE SEALED BID 3/28/91 PROCEDURES FOR REPAIRS AND IMPROVEMENTS TO ORANGE BOWL STADIUM FOR 1990 COLLEGE FOOTBALL SEASON ($1,859,511). 11. (Continued Discussion) GRANT REQUEST BY R.91-241 69-78 MIAMI COMMUNITY POLICE BENEVOLENT 3/28/91 ASSOCIATION FOR CLOSURE OF DESIGNATED `' ~ STREETS FOR: 1991 BUD DRY ROCKING THE s- '• RIM OUTDOOR BASKETBALL TOUR - WAIVE ORDINANCE 10764 - PERMIT SALE OF BEER a AND WINE (See .label 9). s 12. f. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT R 91-242 79-82 BETWEEN METROPOLITAN DADE ,COUNTY AND 3/28/91 DOWNTOWN DEVELOPMENT AUTHORITY FOR USE f OF COUNTY-OWNED PROPERTY AT N.E. 2 ~ -~ AVENUE BETWEEN- N.E. 1 AND 2 STREETS AS 33 t! AN OUTDOOR DOWNTOWN RECREATION CENTER. .- . 13. PERSONAL APPEARANCE BY GABRIEL READ DISCUSSION 82-84 ~ (MIAMI. DADE COMMUNITY COLLEGE) - 3/28/91 ~ REQUEST CITY TO SEND RESOLUTION TO GOVERNOR LAWTON CHILES URGING FINANCIAL SUPPORT FOR MDCC. ±4 ,. ,,. _ '' 14. PERSONAL APPEARANCE BY EARL PHILLIPS, DISCUSSION 84-102 DIRECTOR OF DEPARTMENT OF HOUSING AND 3/28/91 o URBAN DEVELOPMENT (HUD) OF DADE COUNTX ,, - j' ~ TO DISCUSS HUD BUILDINGS WITHIN CITY - = DIRECT MANAGER TO ADVISE COMMISSIONERS =~ OF':,=POTENTIAL IMPACT. OF TAKING °~ $1,000.,000 OUT OF THE ECONOMIC DEVELOPMENT. PORTION OF CDBG FUNDS FOR ' DEVELOPMENT OF PUBLIC HOUSING. ;, 15. - $RIEF COMMENTS BY MS. JACKIE BELL DISCUSSION 102-103 CONCERNING STATUS OF OVERTOWN HOTEL 3/28/91 ';t (NEW,: WASHINGTON HEIGHTS). 's' <: ~~ ~, 14. DISCUSSION CONCERNING REHAB HOUSING AND DISCUSSION ,104 ~~ .LACK OF .PROPER 'SECURITY AT THE SITES - 3/28/91 t, PUBLIC. HEARING TO BE HELD AT NEXT ~!! _ COMMISSION MEETING - REQUEST MANAGER TO 's RRPORT BACK= CONCERNING LACK OF Y~ = SECURITY,: AND PRESENT USE BY DRUG ~c :' i AD1?iCTS OF PREMISES. i7, ~STABI.ISH SPECIAI. CHARGES, TERMS AND R 91-243 104-105 >~. ~; CONAITIO~IS FOR USE OF PORTION OF ORANGE 3/28/91 E. BQWI, STADIUM BY: USA SPORTS GROUP, - - x~TC. FOA SOCCER GAME.. ~ ~ r i , :• .~ ~.` ~ A - 5 . ;.f . ~ rit ~., y ~. . `(~ ~ Fyn. • lg. APPROVE DONATION 0~` SURPLUS FIRE R 91-244 105-106 - APPARATUS TO DOMINICAN REPUBLIC AS PART 3/28/91 OF SISTER CITY PROGRAM, 19. APPOINT INDIVIDUAL TO MIAMI WATERFRONT R 91~-245 106-107 BOARD (Appointed vas: ,Tames Hardie 3/28/91 Dais). 20. AUTHORIZE MANAGER TO SUBMIT AMENDMENT R 91-246 10T^114 TO PREVIOUSLY APPROVED 15TH YEAR 3/28/91 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U. S. DEPARTMENT OF HOU5ING AND VRBAN DEVELOPMENT (HUD), TO REFLECT REALLOCATION OF $300,000 FOR CONSTRUCTION OF NEW TRAUMA CENTER AT JACKSON MEMORIAL HOSPITAL (FROM $1,000,000 PREVIOUSLY ALLOCATED TO LAND ACQUISITION FOR CAMILLUS HOUSE), 21. SECOND READING ORDINANCES AMEND 9500 ORDINANCE 115-117 ATLAS - CHANGE DESIGNATION AT 1400 N.W. 10858 10 AVENUE FROM OI/7 OFFICE-INSTITUTION 3/28/91 TO OI/9 OFFICE-INSTITUTIONAL (Applicant: West Brighton Assoc..) 22. SECOND: READING ORDINANCE: AMEND 11000 ORDINANCE 117-118 ATLAS - CHANGE DESIGNATION OF AREA 10859 GENERALLY BOUNDED BY N.E. 2 AVENUE AND 3/28/91 BISCAYNE BAY FROM N.E. 36 STREET TO I- 195. (AIRPORT' EXPRESSWAY) - APPLY PROPOSED SD-20 -0VERLAY DISTRICT AND RETAIN-- UNDERLYING ZONING DISTRICT CLASSIFICATIONS (Applicant: Planning, Building & Zoning Dept.). ~j 23. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS - CHANGE DESIGNATION OF BLOCK 10860 BOUNDED BY: N. E . 50 TERRACE AND N.W. 51 3 / 28 / 91 STREET.. BETWEEN N.E. MIAMI PLACE AND N.E. 1 COURT (MIAMI JEWISH HOME) FROM R-1 SINGLE FAMILY RESIDENTIAL TO G/I ' GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & - Zoning Dept.). 24. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS - CHANGE DESIGNATION OF BLOCK 10861 BOUNDED :`BY "N.W. 10 AND 11 STREETS 3/28/91 BETWEEN N.W. 4 COURT AND 5 AVENUE (PROPOSED SITE FOR DAY CARE / HEALTH CLINIC) FROM A-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicants Planning, Building & ZonngDept.).' - 25. SECOND; READING ORDINANCEt AMEND 11000 ORDINANCE ATLAS - CHANGE'DESIGNATION AT 281.1 S.W. 10862 2 2 ' AY~:NUE FROM . PR PARKS AND RECREATION ~ / 28 / 91 T4 ;?R^1 SINGLE FAMILY RESIDENTIAL AND $D-1$ :MINIMUM I~4T SIZE (OVERLAY) ;~ DISTRICT (Applicant: Planning,-.Building ,, ~C - honing Dept,) . 118-119 ~~~- ~,j i'.i ^~ i ~fi. DISCUSS AND TEMpOitARILY T'ABLL PROPOSED RESOLt7TI0N CONCERNING STREET AND AL1,FY CLOSt1RE - PORTIONS OI' N.W~ 37` AND 38 STREETS BETi,?EEN N.W. 17 AND 18 AVENUES, PdRT I ON 0~' 18 AVENUE BET4~tEEN 3 6 AND 3 9 STREETS; AND N-5 ALLT'Y DYING 126 FEET FAST 0~' N.W. 19 AVENUE BETWEEN N.41 ~ 3S AND 39 STREETS (Tentative Plat ~~1386~-A Miami Jackson High School - Applicants Dade County School Board) (See label ~8). 27. DISCUSSION CONCERNING THE $1,000,000 LOAN PROGRAM E'OR LITTLE HAVANA - DIRECT MANAGER TO URGE MIAMI CAPITAL DEVELOPMENT TO REDUCE INTEREST RATE CHARGE ON LOANS MADE TO LITTLE HAVANA MERCHANTS - REQUEST MANAGER TO APPOINT ELIO ROJAS TO MIAMI CAPITAL DEVELOPMENT LOAN COMMITTEE. TERRACE AND SPA AT l00 S.E. 4 STREET (Applicants`Riverparc Hotel). 30. REVIEW- BY CITY COMMISSION PURSUANT TO RESOLUTIONS 89-414, 89-415 & 89-416 - APPLICANT FOUND TO HAVE COMPLIED WITH CONDITIONS - APPROVE SPECIAL EXCEPTION FOR EL MILAGRO SUPERMARKET (1681 S.W. 23 STREET AND` 2289-93 S. W. 17 AVENUE)', WITH CONDITIONS: 31. (A) DISCUSS AND TEMPORARILY TABLE CONSIDERATION' OF PROPOSED' SECOND READING ORDINANCE AMENDING 1'1000," WHICH WOULD 'CHANGE (AMONG `OTHER' THINGS) PROHIBITION AGAINST' HOUSEBOATS- TO HOUSEBARGES;'ESTABLISH DENSITX CAPS AND CLARIFY USES= SIMPLIFY REQUIREMENTS; REQUIRE CLASS' I 'SPECIAL PERMIT FOR EMERGENCY VEHICLE ACCESS; CLARIFY LANGUAGE REGARDING ZONING DISTRICT ~ . 80UNDARIES; SIMPLIFY`' HOME OCCUPATION , ~° LANGUAGE, etc. (Applicant: Plannir~&; ~~; Building' & Zoning Dept,) (See label }.. 38). (B) MAYOR SUAREZ URGES CITY ATTORNEY ;`' TO SIMPLIFX PROCEDURE WH$REBX '.~ pR,AINANCES ARE READ. Q[1T LOUD SY TITLE . ,,; x=; _. , , ;~, _ ~,,, , 1.... 1 1. - - _ ~,.,k.~2K. - - - 28. (Continued Discussion) BRIEF DISCUSSION AND CONTINUANCE OF PROPOSED RESOLUTION REGARDING VACATION AND CLOSURE OF PORTIONS OF N.W. 37 AND 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES; PORTION;- PORTION OF 18 AVENUE BETWEEN 36 AND 39 STREETS; AND N-S ALLEY LYING 126 FEET EAST OF N.W. 19 AVENUE BETWEEN N.W. 38 AND 39 STREETS (Tentative Plan ~~1386-A Miami Jackson High School - Applicant Dade County School Board) Continued to April 25th) (See label 2b). 29. APPROVE REQUEST TO MODIFY REQUIREMENTS OF CHARTER SECTION 3(mm)(ii)(A) TO PERMIT CONSTRUCTION OF A COFFEE SHOP DISCUSSION 3/28/91 M 91-247 3/28/91 DISCUSSION 3/28/91 R 91-248 3/28/91 R 91-249 3/28/91 DISCUSSION 3/28/91 1~4~-1~5 125--141 142 143-146 146-152 152-169 ~~ ,~' {; • • ~2. (A) DISCUSSION ITEMS SIX MONTH REVIEW BY CITY' COMMISSION OF PRIOR DECISION WHICH STANDARDIZED DISTANC$ SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES TO 1,500 FEET. (B) FIRST READING ORDINANCE: AMEND CODE SECTION 4-10 - STANDARDIZE DISTANCE SRPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES IN COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS TO 1,500 FEET - GRANT ZONING BOARD THE ABILITY TO REDUCE DISTANCE SEPARATION IN CERTAIN INSTANCES. ,~ ORDINANCE FIRST ~tEADING DISCUSSION 3/28/91 33. ALLOW LIQUOR STORES TO REMAIN OPEN ON R 91-250 SUNDAYS - REVIEW IN ONE YEAR. 3/28/91 34. FIRST READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING DISTRICTS (C-1 RESTRICTED COMMERCIAL) - PERMITTED PRINCIPAL USES - TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES) TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS) TO PROVIDE FOR BARBER AND BEAUTY SHOPS AND MEETING HALLS; CBD CENTRAL BUSINESS DISTRICT; TO MODIFY INTENT, SCALE INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED. ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF- STREET PARKING REQUIREMENTS; ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), ACCESSORY BUILDINGS - BY PROVIDING. FOR NON-HABITABLE ACCESSORY STRUCTURES AND LIMITATIONS ON LOCATION; FENCES, WALLS AND HEDGES, TO LIMIT HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; ADD NEW SECTION TO PROVIDE STANDARDS FOR ALUMINUM RECYCLING MACHINES, etc. (Applicant: Planning, Building & Zoning Dept.) 35. FIRST READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING. DISTRICTS:. C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES,- TO ADD AMBULANCE SERVICE AS SPECIAL EXCEPTION, AND PROVIDE. -FOR EXPANSION OF EXISTING AMBULANCE. SERVICE BY CLASS II SPECIAL PERMIT, ETC.; C-2 SIGN REGULATIONS, TO ADD SERIES OF SIGNS AND THEIR LIMITATIONS; ADD NEW SUBSECTION TO PROVIDE. LIMITATIONS ON OUTDOOR ADVERTISING SIGNS (BILLBOARDS) 3 (Applicants. Planning, Building & Zoning ~:_ Dept.). 36. DISCUSSION CONCERNING. NUMEROUS DEVELOPMENT BONUSES THROUGHOUT ZONING ORDINANCE 11000. ORDINANCE FIRST READING 3/28/91 .ORDINANCE FIRST READING 3/28/91 DISCUSSION 3/28/91 { ': t~~ r,. i~b~-i~~+ 184-195 195-196 197 ,. .k r~ .: r,., • ~ 97. DISCt15SI0N ON PROPOSED FIRST READING DISCUSSION 2b5-~2C1~ ORDINANCE AMENDING 11000, TO DELETE 3/28/91 ARTICLE 5, PLANNED DEVELOPMENT OVERLAY DISTRICTS -PROVIDE NO NEW APPLICATIONS WOULD BE ACCEPTED FOR THIS DISTRICT CLASSIFICATION; DELEfiE ARTICLE 9 l SECTION 914 (INCREASED DEVELOPMENT ~ BONUS) WHICH NOW PROVIDES FOR UP TO 25X ` DEVELOPMENT BONUS ABOVE FAR. ~ . 38~ (Continued Discussion) SECOND READING ORDINANCE 207-210 ORDINANCE: AMEND 11000 - CHANGE 10863 PROHIBITION AGAINST HOUSEBOATS TO 3/28/91 HOUSEBARGES; ESTABLISH DENSITY CAPS AND _ CLARIFY USES; SIMPLIFY REQUIREMENTS; REQUIRE CLASS I SPECIAL PERMIT FOR EMERGENCY VEHICLE ACCESS; CLARIFY LANGUAGE REGARDING ZONING DISTRICT BOUNDARIES; SIMPLIFY HOME OCCUPATION LANGUAGE, etc. (Applicant: Planning, Building & Zoning Dept.) (See label 31). t 39. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 210-213 `- ATLAS - CHANGE DESIGNATION AT 245-299 FIRST READING '± N.W. 55 COURT (FLAGLER MEMORIAL PARK 3/28/91 CEMETERY) FROM R-2 TWO FAMILY 1 RESIDENTIAL TO G/I GOVERNMENT AND ~ F INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). _~ 40. DISCUSS AND CONTINUE APPEAL BY COCONUT DISCUSSION 213-214 _ ~ GROVE CIVIC. CLUB OF ZONING BOARD'S 3/28/91 _ ' DECISION TO REVERSE ZONING - i ADMINISTRATOR'S DECISION THAT AN ° ~ APPLICATION FOR HEARING BEFORE HERITAGE CONSERVATION BOARD DID NOT MEET 9500 _ i REVIEW REQUIREMENTS (Continued to April k _ ~ 25th) (Applicant: DeGarmo Partnership _ _ Ltd.) i j _ ~ 41. FIRST READING ORDINANCE: AMEND 10544 ORDINANCE 214-216 ,~; (MCNP) FUTURE LAND USE MAP - CHANGE FIRST READING 1' - ` LAND USE DESIGNATION AT 3560 MAIN 3/28/91 ~' : < HIGHWAY FROM RESTRICTED COMMERCIAL TO ~`_ SINGLE FAMILY RESIDENTIAL (Applicant: _ ~ Planning, Building & Zoning Dept.) = ~ 42. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE ~~ 217 ~ ~ ATLAS - CHANGE DESIGNATION AT 3560. MAIN FIRST READING :, HIGHWAY FROM SD-2 COCONUT GROVE CENTRAL 3/28/91 s ~: ~` COMMERCIAL DISTRICT TO R-1 SINGLE ~~ FAMILY RESIDENTIAL (Applicants _. _~ Planning, Building & Zoning Aept.) =~ 43. INSTRUCT CITY ATTORNEY TO DRAFT M 91-251 218-237 -~; LEGISLATION T0: (a) PERMIT HOUSEBOATS 3/28J91 ~4NU HOUSEBARGES AS LIVING QUARTERS b; (LIVE-ABOARDS), AND (b) GRANDFATHER ALL ~; EXISTING HOUSEBARGES (EXCEPT THOSE '"'" PRESENTLY UNAER LITIGATION). ! _ s~jl-. ~' (I .. - -~f' =~?: ~;; ~_ t .,. i .. - > 44. FIRST READING ORDINANCE: AMEND 11000, ORDINANCE 238-~39 -. ARTICLE 16 (SPRCIAi, EXCEPTIONS) - AMEND FIRST READING , 1600, ADD SUBSECTION 1605.1; ARTICLE 19 3/28/91 , (APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE); ARTICLE 22 (AMENDMENTS), ` AND SUBSECTION 2215.1 - ALL TO CLARIFY p_ APPLICATIONS I'OR SPECIAL EXCEPTIONS AND VARIANCES AND TO UNIFORMLY REFERENCE - ~^` PROCEDURES FOR CHANGES TO ORIGINAL ~ APPLICATIONS. (Applicant: Planning, ~-' Building & Zoning Dept,). ~~, " : :: ;: ~, _~.; ~, ;: - - 'i ' ;-- 'i a a ~- .: - ., a• - -i - i; 1 ~ - ~i ^ . ~. ~. n ~., :- r ~'.. _ ~ - ~ _ pS 8 ,~ {Y~I, .~' _. __ _ t.. 9. 74 ,, ! ~'- ~_3. .. ~~~ ,. -'~„ _. _ ,.; ~- --v. , - .: _ ~, ., s -~ ~, . ~ _ j ~~ i ' a ~ ~ ~ ,,. ~ ~ e; ~r1;~fra~r .;> 7 '1~4 t 1 Y ; } x t ~ ~ ;~ ~ ~ J '` ~~.J~~~J'ei4u~r. '.. ~1. u...cr ~.. i~1 - _ __ ~ h ~w~w - $5. _ ~~ __ _ __ _ _._.._.. _..a =x ~, _ _ ,' ,: i E ' MI1~fitfTES 0~' REaUI,AI~ MEETI2~G OF THE CITY COMMISSION' OF MIAMI, E'LO~tIDA On the 28th day of March 1491, the Gity Commission of Miami, Florida, met at its regular meeting place in the City Hail, 3500 Pan American Drive, Miami, Florida in regular session. -• ' The meeting was. called to order at 9:04 a.m. by Mayor Xavier Suarez with ; ' ,. . the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ALSO PRESENT: Cesar Odio, City Manager .Jorge L. Fernandez, City Attorney ~~ Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez .who then led those present. in a pledge of allegiance to the flag. 1, PRESENTATIONS: i,_ (A) .COMMENDATION: MOST OUTSTANDING OFFICERS OF MONTH (FEBRUARY) OFFICERS. THEODORE CARACCIOLO AND RICARDO ROQUE. : (B) PRESENTATION BY HARRY HOGAN (SHAKE-A-LEG PROGRAM) OF LIVE LOBSTERS FROM .MAYOR- ROBERT McKENNA OF NEWPORT, RHODE:, ISLAND TO MAYOR - SUAREZ - IN CONNECTION WITH SHAKE-A-LEG. SAILING, COMPETITION. _ _ i. Commendation to: Officers Theodore Caracciolo and Ricardo Roque, who have been selected most outstanding officers of the month for February 1991. ,r <€ - _ NOTE FOR THE RECORD: Commissioner De Xurre; entered ~. the: meeting at:.9:12 a.m. ~ 2. Harry Hogan from the "Shake-a-Leg".program thanked the_Mayor for providia 8 ~. 4 the. ,chance to.,: create. opportunities for . a lot of people and ; presented. the Mayor with lobstexs. Also,_Scholarships are to~be given to disabled::youths _,. in their area;.' - ;; y S ~' ?, =i~L..~ ~~ - - :~. ~~ ~i~ ~ - ,~.. M, },~~_ . , . . ~„ _ ~ - ~ ct' ~M19 t .. ~ a ~ ~ ~' -. '~ . . .. . ~s .,:: F .! 1.. ~, t ~ - ~~~~` - :C A ~~ ~ ~,j ~1I/1 9A 1 • ~~. .:~ ., 2. EMERGENCY' ORDINANCE: ESTA$LISit NEW SPECIAL REVENUE FUND: SUMMER YOtJ~# EMI'LbYMENT AND TRAINING PROGRAM (FY '91) JTPA II-B - AEP~tbPRIATE $4b2~150 FROM SOUTH ~'I.ORIDA EMPLOYMENT AND TRAINING CONSbR'Z'IUM AUTHORIZE MANAGER TO ACCEPT GRANT AWARD. __ `_ Mayor Suarez: Item number one. Can We have fast a little snore quiet in the chambers where finally, we are gnfng to have reasonably good sound 'protection here from the galleries back there, thanks to the construction, so... Casnmissioner Dawkins: Mr. Mayer. Mayor Suarez: ... if are could get the same kind of cooperation from the Manager and his staff, then we would have real good acoustics here. Yes. Commissioner Dawkins: Mr. Mayor, T would like to move that this be... oomebody needs to tell me if it's really urgent that we pass this today. Vice Mayor Plummer: Pass what? - Mayor. Suarez: Item number one? Commissioner Dawkins: Item number one. ~ Mayor Suarez: Emergency ordinance. ' Commissioner Dawkinss Tell me that it's urgent, that this must be passed today. _,~, Mr. Castaneda: Well Commissioner, it is... Commissioner Dawkins: Talk in the mike Frank, please.. Mr. Castanedar I'm sorry. Commissioner, it is urgent, because the summer - program, the recruitment and so forth you know, begins shortly. I think it begins Monday: j Vice Mayor Plummer: But why did you wait until today? -and then make us look like'it's'either-this... Mr. Castaneda:` Because the consortium always makes the allocations at"the .last .minute. f= ' Vice Mayor Plummer: -But you knew it was coming. You knew it was coming, why ;. s _did'you wait until today when you are asking us td'vote on somethittg that we haven't had time to gb through it? That's not fair. ~ ,. Mayor. Suarez: Can we get this to go through, not this time, but in the future; can we ''get this to°go through the Commission Awareness. program and ' have'one Commissioner that could come-back to us and make a recommendation? Did it go through any one-Commissioner?' I presume not."' Commissioner Dawkins: No. Mr. City Attorney. `~: w Mr. Fernandez: Yes, air. u . ~ ~ f 4 ,:~' awkina: Is it possible to pass this with the proviso that Commi'BSionor D . ~ '~` ~ nothiag be done `until the Manager ha:} a workshop, either Monday, Tuesday yr ; : Wednesday, 'th$~ inc~udea Mr. Castaneda, Mr. Kearson, and everybody in his:, , ®hop, and any Commissioner who wants tv gv, and any staff member? ~ Because I ,, } ~'°„ am thorv~tghly dieBus~ed with our wazk program. I have.... Henry ism't hexe. 'L ~! have eight people who l would bring tQ the wvrkshap, why I have walled throu~b this work program, aad aox~e Q~ ue got a fob yet, Bight paapis that l have`had ;' '"~ 3 B pro ram, ° and nat flee of my aide ~ra~.l` t,h~ss :people through ` this'` j 4b t_ rainin B ;:. .k r ~; ~ t~YetA 8~'9t ' 8 ~ Ob,' ~. s<s" a:: - Mr. Fernandez: Y®a. The ansWpr tQ yous $uestion is that yep you can da that, `1 bt~t ; ~rvu~ld edv~.sa you that ycru ~ixst pass the oxc~itiavee aed thin vz~ a -` '' ' ~ap~ar~te, .. ,! N ~ + rs e kv . _ ~ .. . .'xl:~; . r„~a ., n. ;~~; T ! ~ t ~; - Gottunissioner Dawkins: No, see, I hear you. I'm not passing nothing until f am assured that what we want to do, Could be done. Mr. f'ernandezt So then the first.., GCimrnissioner Dawkinst You see, I don't mind passing it. But I am not going to pass it, and then when I pass it, I think I didn't pass what I passed, OTt~ Now, if you tell me that we can pass this today and not one penny be spent, and that nothing be done until there is a workshop, and they come back at the next ~ammigsion meeting and report on the workshop, and if we are satisfied, we 6o forward. I $av~e no problem with that. Mr.,~'ernandez; Yes, you can. Because this is merely appropriating, or receiving money, the expenditure of which would have to come back to you, especially now that you are instructing now that it does by way of a workshop. Commissioner bawkins: OK. Mayor Suarez: With that condition then. Commissioner Dawkins: I move that. we pass this with an understanding that Monday, Tuesday, or Wednesday, the Manager set up a workshop, after 1:00 p.m. because I have to -meet .Eduardo Padron before 1:00 p.m. And we meet, and I will bring the people who I have carried around trying to get a Sob, and he bring his staff members who are responsible for this, and we find out why the j fob program is not servicing the people. So moved. Mayor Suarez: So moved this emergency ordinance with that proviso. Commissioner Alonso: Second. j Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. -~ Ca11 the roll:. - =s E . . AN ORDINANCE ENTITLED- :' _i ,. AN EMERGENCY ORDINANCE ESTABLISHING. A NEW SPECIAL t _~ REVENUE .FUND ENTITLED:" "SUMMER YOUTH EMPLOYMENT AND ~, .TRAINING PROGRAM '(FY!91) JTPA TI-B"; APPROPRIATING _ ~. ~ FUNDS FOR THE .OPERATION OF SAID PROGRAM IN THE AMOUNT ~:~ f OF $462,150 FROM. THE SOUTH FLORIDA .EMPLOYMENT -AND _ _- TRAINING CONSORTIUM; FURTHER AUTHORIZING' THE CITY _ `! MANAGER TO ACCEPT THE., AFOREMENTIONED. GRANT.: 'AWARD AND ~ x TO ENTER INTO THE NECESSARY. GRANT-ACCEPTANCE CONTRACT, j_ ~' IN- A -FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE , . SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; ~ CONTAINING A REPEALER PROVISION AND A SEVERABILITY I r CLAUSE . , : '. '. ~ j ~I Was introduced by `Commissioner Dawkins and seconded by' Commissioner -~ ~ Alonso, for adoption as an emergency- measure and dispensing ~with~'-the ~. ~ requirement-:of reading same. on two separate days., which was `agreed~to by the ~ :° following votes. _~° _~ ; AYESs Commissioner Victor'De Yurre - ~~ ~~ Commissioner Miller J. Dawkins .. Commissioner .Miriam Alonso ~' ~ . Vice Ma ar J. y L. Plummer, Jr. , ._ Mayor Xavier L, Suarez ~ ; ~~ ; , fi~ „ ,. NOES; None, ~? ~~ ~,. ~ ABSENTr Nons, ~! ,4 °* ~ ~ . Wh~araupan the Commissiion an motion of Commissionsr Dawkinm sad s~c~-ndad ;, ~ '" # ~y Commissioner Alonso, adopted said ~r~llnaace by the following vote; i ?, v. ~: i-: ,., ~. _ o ~~ ~~ : ~ ~1ar~h ~$, 191 ~~ -' - - ~-t ~ M ~ - AYf~S: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, .7r. Mayor Xavier h. Suarez NOBS: None. ADSENT: None. SAID 01tDINANCE WAS DESIGNATED ORDTNANCFs N0. 10557. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City. Commission and to the public. 3. DISCUSSION CONCERNING PROPOSED RESOLUTION AUTHORIZING MANAGER TO EXECUTE :AGREEMENT WITH MIAMI MENTAL HEALTH CENTER FOR PURPOSES OF CONVEYING TITLE OF CITY-OWNED LOT ADJACENT TO ORANGE BOWL TO DEVELOP 20 AFFORDABLE RESIDENTIAL UNITS -WITHDRAWN $Y MANAGEMENT. Commissioner Dawkins: Mr. Mayor, on two... Mayor Suarez: Yes. Commissioner Dawkins: ... I .need to know two things, and preferably in writing from the Manager. Number one, why it was put on there and withdrawn? And number -two, why is it that this Commission took a policy that no more ACL's or the like, would be placed in the City. of Miami? This Commission said that- the City of Miami had its share of social service, housing, and et cetera, and we promised the citizens that we would-not put another one in the .: City of Miami, that they needed to go to Hialeah, Coconut Grove, I mean', Coral Gables, or-some place.. :And. when these peoplecame to see me, I toldthemethat 3- we-had such an a reement and g , yet this was placed on the agenda._ Mayor Suarez: Well, these people don't have-any mental health, or addiction, or incarceration problems, I don't think Commissioner. I think these are all dust handicap. ,; , _} Commissioner Dawkins: All .right, then tell-me is writing, OK? I don't care . ~ About` the... T need it -in writing. Maybe .everybody else up here understand i- _ -- hat >; I don't OK? - : . , _~ Mr. Odios. I'it send you a memo Commissioner. ~. E. Ma or Suarez: No I ha _ Y , ppen to be familiar with Miami Mental Health Center. ~~. _, :; . , ;, ~ Commissioner ..Dawkins: OK. The second- thing I would like to know is, from - you, how is it ::that we make a -promise. to the Orange .:Bowl to keep the,: Orange ~ Bowl here, and_that'we are going to work collectively with the Orange . Bowl: to ` , . be sure the Orange Bowl stay here, and then you're going. to take apart of the :__. `'~ parking lot that was used for Orange Bowl parking, and give it to `a. mental` :fit ~ health facility? Give me that in writin Thank B • you. i ,, <. - ~ , Mayor Suarez; QK, Is this .item being withdrawn at the request of the ~` r~- 4 admiaistxati.on? - '; i ~i' _ ,j. -~-~~" Mr, Odioa:. Yes... ., . ~, s,-., ayor Suarezs OK. ~: ~, ~,_ >>; ~r , .; ~,S _ ,. . - .;' ,. ~,,'~ -- NOTE ~'0~ T~ R~OORAt' At this.. ppint, the Mayor. ;: ~, `, ` reaogniz~~i the praasuce Af ~Qrmer City Attorney, ~Toae 5' r' ,.. ., ,. ., Gar~ia~F.edr~as+~ in the ~Q~pn-is~iQn ~h~nRb$~s. . r~'' , ~- _ _ ~ . _. ~ a ~~1 _ - ~?~ - - _. e _, _ - _-_ M 4. DISCUSSION CONCERNING HOMELESS PRO$LEM - DIEtECT CITY ATTOT2NEY T'0 SUE THE COUNTY, IF NECESSARY, TO E'OTtGE IT 'PO ASSUME TTS RESPONSIBILITY (Issue tabled until afternoon, but not taken up). d..~w~--.-a~r~r`r~w~r~-.~ri'i ~.~r~~YY-r~..~rerrrw.rw..rwi ~-rr.~~r~r L':.~.-r.~--~-r+.rr.ai.r.r.Y:.S.Yr~~.iG~Y~ W Y. w..Y~i. Vice Mayor Plummer: Mr. Mayor, I would like to ask of the City Attorney to give us by this afternoon... the Camillus House issue is not dead, it's not going to go swag. I am convinced, as I have been for a long time, that this City was very, very benevolent to the County, when we gave them an airport, we gave them a seaport, we gave them a four hundred million dollar ($400,000,000) Water and Sewer Department absolutely free, we gave them. the library absolutely free, and in return the County took the responsibility on the other side of the coin of Jackson Hospital, the Housing Authority, and one other thing that they took the responsibility for that I don't feel that in any way, shape, or form they have lived up to their responsibility, and that's Dade County Welfare. There is no question in my mind that the homeless situation is a welf are situation. Keeping in mind that as a resident of this community, a taxpayer of the City of Miami, every dollar they collect in taxes, thirty percent of that, I pay. Mayor Suarez: Health and welfare. Vice Mayor Plummer: OK. Mayor Suarez: And health also is their... Vice Mayor Plummer: Health and welfare, yes sir. Well I said Jackson Hospital. Mayor Suarez:. ... and the states are responsible... -Vice Mayor Plummer: Now, Mr. City Attorney, I would like to hear from you this afternoon whether or not this City is in a position, if my colleagues were to: agree,-that. if necessary, we sue the County, which I don't want to do, - to force them to assume the responsibility that they have. It should not fall on this City, in .which, when we gave them billions of dollars of assets, they i assumed the responsibility of health and welfare, and in mp estimation, they are not doing it. Now, maybe a lawsuit is not the action, maybe there is some ` .other action, and I don't mean talking, I mean action. So 'I would ask you sir, this afternoon, that if it's possible than you. come back-and give me an opinion, and '.which Twill share with my colleagues, that if in fact a lawsuit is the proper way to travel, or a lawsuit is proper in its form, that we do something to get the County to assume their obligation. If you will come back to me this afternoon, I would appreciate it. Thank you, Mr. Mayor. 5. (A) ACCEPT BID: P.N.M. CORPORATION - FOR 7 AND 9 STREET PEDESTRIAN MALLS IN OVERTOWN (Project B-4545). (B) MAYOR SUAREZ URGES MANAGER TO CREATE INCENTIVE PROGRAM: TO ATTRACT MERCHANTS TO THE OVERTOWN PROJECT: ,~ _ - Mayor Suarezs Ttem three them. P.N.M. Corporation, et cetera. '. Mr. Odin; This is to accept the bid on the 9th Street Pedestrian Mall,,. '~~. Vice Mayor Plummets Mr. Mayor, for your edification, you were out of town. This came to a two/two tie. ~~,- M.. MayorrSuara~s Those two things go together? - I was out of town' far my ', edif iaation? ~~; . , fi. Yica Mayor ~I~aa~t Yas. We .thought you had a ons-way ticket, but somebody :. ~:.. .z, fQO1sd us. - t..: Mayor Su~arszs I was ~~~.~isd ~ ~rsat deal when i was out of tQw~, but ahQad. 5 kaz~h~ 28a ~9Q1 ~~ - ,. ~: -. - -_ - -- _~ .. _ -- .-. - ~ _ .{ ,y~ ,. ,.,. 'Vice Mayor Plummets 'Yes, and I saw you didn't put out any oil wells, you dust started new fires. This ca>'ne to a two/two tie. Commissioner Dawkins and T ~vere of the opinion that throwing these bids out, due to the condttibns existing in the community today where contractors were hungry, that we fait that there could possibly be abetter price being derived. Commissioners 1~e 'Yurre, and Alonso felt that this is the way that it should be travelled, and rather than outright denial, we allowed it to be continued over, so that the wisdom of the center chair could get the heat of the fire and make... . Mayor Suarez: So you didn't try to convince them that as chairman, you could break the tie? ~; . ~,z,.: - ~,';. Vice: Mayor Flummer: No, I didn't. I was part of the .problem, not the st:lution. _ Mayor Suarez: All right. _; `' Vice Mayor Plummer: So, that's why it's back here today, Mr. Mayor... Mayor Suarez: That, all experts agree. All right. Vice Mayor Plummer: ... and I dust want to bring you up--to-date on that. i Mayor Suarez: OK. On item three, does anybody have any motions to make on this item? Commissioner De Yurre: I'll move it. Mayor Suarez: Moved. Commissioner--Alonsos Second. ,: _ Mayor Suarez: Seconded. Any discussion? If not, please call the roll. { The following resolution wss introduced by Commissioner De Yurre, who _ moved .its. adoption:. RESOLUTION N0. 91-239 ~ r + -" A RESOLUTION ACCEPTING THE .BID OF P.N.M. CORPORATION, '! = IN AN AMOUNT .NOT TO EXCEED $1,808, 581.55,.: BASE BID OF {j :. _ THE PROPOSAL, FOR SEVENTH & NINTH STREET PEDESTRIAN MALLS PROJECT B-4545; WITH MONIES THEREFOR ALLOCATED ~ FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT. ~ ORDINANCE NO. 10782 AS AMENDED, PROJECT N0. 341176, IN _ ~ . -THE. AMOUNT OF $1,808,581.55 TO COVER THE CONTRACT ° CAST; AND $449,979.0$ TO COVER THE ENGINEERING, . ARCHITECTURAL, ,_SURVEYING, INSPECTIONS AND PROJECT EXPENSES, FOR AN ESTIMATED TOTAL OF $2,258,560.63; - AUTHORIZING THE CITY MANAGER TO EXECUTE A:..CONTRACT;, - 'WITH ,: SAID FIRM; AND AIRECTING THE. ..DEVELOPMENT AND HODSING.CONSERVATION DEPARTMENT TO PROVIDE THE :ANNUAL `- FUNDING NECESSARY- TO PERFORM THE OPERATION OF:. '~ MAINTENANCE OF. ALL NON-STANDARD DECORATIVE FEATURES i, ~4 ~. ,_ AND STRUCTURES INSTALLED AND/OR CONSTRUCTED AS PART OF ~;, ~ THE-SEVENTH & NINTH. STREET PEDESTRIAN MALLS PROJECT 8- j# / < . 4545., w- ~. ~ . I fi (Here foi~.owa body ~f x~eaolution,-:omitted beta and on -~;, "` file is the Office of the City Clerk,) _ ~~- ~ ~ ~ ~ ;; Upon being :secczided by Gommasioner Alonsa, the zeaolution waa passed -Ii ~, ,: < ' . and adopted by the following Vets: t t . , ~ Y ~ - , _ ~ : ._ - ~ ; Y - _ _~:~..~- ~~,: _ .. ~' ... t:.- ~ - G _ -mow trl :~ _ - ` 4 ~ 7 _ - ~{' tit,, z A'~S: Co~nissioner Victor bs Y'urre Commissioner Milier J. bawkins Commissioner Miriam Alonso '~ Mayor Xavier L. Suarez NOES: Vice Mayor J.L. Plummer, .1r, ABSENT: Nobs. OOMMENTS MADE DITRING ROLL CALL: ,, Vice :Mayor Elu~nmers For the same reason stated. at the last meeting, I am ~,: going to vote nog I think that going out today under the conditions existing ~~ '' today, are could probably come up with a better price, I think as I recall, -the Manager said that there was that possibility we could save two to four. hundred thousand dollars, and Y have no aversion to saving money, so I have to ' vote 'no. COMMENTS MADE AFTER ROLL CALLS Mayor Suare~s. Mr. Manager, would you be attentive to the need once again, to sponsor, foster, and incentivize people, including City of Miami employees, ' ` and private sector people, moving into the Overtown Park West Project? I think' our incentive program is moving slowly to put it mildly, and I am ~ - concerned about a couple of the projects. And now that we have these malls going up, I think that. addsadditional environmental incentive, but`are just have to do better than that. 6. BRIEF DISCUSSION AND WITHDRAWAL OF PROPOSED RE50LUTION ACCEPTING `BID OF HARRISON CONSTRUCTION CORPORATION, FOR ORANGE BOWL MODERNIZATION `PHASE II (1991) (Project B-3231-C) (Withdrawn by Administration). Mayor Suarez: OK. Item five. ~~. Mr. Odio:, Let me, put on the record Mr. Mayor, item... ..: Mr. Jose Garcia-Pedrosa:. Mr: Mayor. f T, ; Mayor Suarez: Oh! I'm sorry, we-need to hearfromyou on item four. -c . ~ -:~. ` Commissioner Alonso: Four.- ~ ~ ~ - - ~ ~ ` . ,:k. ~. h, -~,~.~ Mr.-Odio: No. I withdrew that item...' ; ~: 1 ~~ -, , Mayor Suarez: I gather that .that , ,gather that , you.. want to withdraw ..and I ,,. ,' counselor atants to protest the withdrawal. r~ ` _ ~ ~ Mr. Odio: Let me make an: announcement. I withdrew the item because S am rejecting all bids. ,When the_ bids came in, we had one-.bid that came in,"..one million four hundred thousand"dollars= ($1,400,000)~under the projected cost. ' Unfortunately, that 'contractor could not... did not -attend the pre-bid r$~t_ conferences, so we could not give it o him. - "~ - ~' - w.~;. , Mayor Suarez: What contractor was that, that did not attend? ~~' Mr. Odio: Danville-Findorff. After look~.ng at all the bids Mr. Mayor, ,it was ~.`. a business decision that~we need to go out for bids right away to see-.that we d4 getthe best, price possible. If we remained-with the bids, it 'would be ~~~.' , tied'up in. .'. , ~ ~; ~ „'~ ~ommissior-ar Alonso: Litigation. - i l ~._. t. ~ -~,~ Mr,' Qdio:. ~.~ ~ legal'battles ghat we; could nQt' effoard to get into, beaauee we ' t ` have to ~ f it~ish the Orange a©wl on dais for` the iaeaeon; wk~~.ch is So tember, P f ' a - ., ~.~ Mayer Suarez: flK, WhQ dv... ? .; : ~~;;k ~.. -~~ ~~~ 'lax~~ide~s ~x~ ~layox, ~Qr the zeoar~. , . , . ,~ .~.~~~ ~a ... 7 ~~~ch ~~, 3~19~" ; __ . , ~ ~, ~ .,.,max .~.u '.. "'~` _ - - - - -- - ^~~S z i r.. }.i .. , _.._. n' _ . :.. ,. .... ~fiayor Suarez: Yea. `~ Mr, Fernandez: Before. you proceed, it is clear in the Code Section 1852.1 section ti, that the City Manager may r~~ect ai]. bids, or may sub~it reconendations as to the award, to the City Commission.: 3o the City Manager is e~tercising that prerogative of his, so he is not submitting to y~su right ~. now anything for your consideration. - Mayor Suarez: OK. 'You are representing one of the parties air? ;° Mr. darcia-~pedrosas V'es, Mr. Mayor. Jose Garcia-Pedrosa, 201" South Biaca~ina -, Boulevard, on behalf of :Harrison Construction Company. ;~ , ~'~' Mayon Suarez: Harrison ie one of the ones... Mr. Garcia~Pedroga: One of the bidders. ..:.Mayor Suarez: that was not recommended? Mr Garcia-Pedrosa: No, sir. Mayor Suarez: All the bide are being thrown out anyhow, according. to, the Manager's recommendation. ~ Mr. Garcia-Pedrosa:. Harrison was recoromended. If you dust look. at item-four on your agenda. Mayor: Suarez:: OK. I'm sorry .then, I hadthat wrong. I lust want to clarify the parties-here. Sir? ~"; Mr. Neil.Flaxman:,_ Neil Flaxman, 2600 Douglas Road, Coral Gables, Florida. I ' stn representing Danville-Findorff. ' Vice Mayor Plummer: Mr. Mayor. - _; - Mayor Suarez: Ne31, you've both filed those little forms .that we have? `.i Mr..Flaxman: .:.yes. Mr. Garcia-Pedrosa: Yes, sir. ;: I `i .,: _. , ~~ -r Vice Mayor Plummer: Mr. Mayor, excuse me. ~` ~ '` _~ Mayor Suarez: Mr. Vice.Mayor. j. `: ~- ~:. Vice Mayor Plummer: If I am .not ,mistaken, there is nothing to discuss." ~~: , ~. Mr. Fernandez: -Correct.. _~ - • , Yice Mayor Plummer: The Manager has pulled the item from the agenda," and , ~: - discussion I think, would be very much out of line. . ' i" _. Mayor.-Suarez; Well, the item is... is it ~ustpulled from. the agenda,~or are y' ~~ we also... ~"~;; , Mr. Odios I have withdrawn the-.item. .. ~,~' ~: -_ V1ce Mayox Plummer: It's withdrawn, - - ~'~" - ' ,.. ~. Commissioner Alanso:. Withdrawn. ., f,. "~" Mayor Suarez: ... expected to take actiaa to xe j act ,al l~ bias, ox , c,cnf irru his ;,. s action ~to red act .all" bids? - I ~t~at w~at , to clarify that, ,. ~- . Mxa F~ruandaz: .Thera is abaclutely ~poth~ng in front of you, at3d I cot:cur w~.th '~ tk:e ~i~Rl ~layax, It wQUld. be.•itnpxcpe~ fog q+~u ,tQ take ~y ta~ti~cay, k~~aax gay '- ~:; a~gumeht ~~ ~ me~tt:er that le got pr+~perl~- in .~rc~mt ~~ yQU, .and t~q ~u~ge~t~.oz~ ~,: ~.~; ~h~t 9QU would so oa to` the asxt ~opi~c oz 3.te~- oa t#e agenda., , ,~ ~ ~e~cr 8u~-r~~~ ~ 4f cou~r~e w~ have: Aiwa a a7.icwed ... , r y peopi.e to state ~ p~'o~~~t Q~:~~ _~ . ~ ` ~~~~d~a~a~l, ~~ ~~ ~.t~m ~' ~ _, S~ ,.~ Q ~ _ - , , ~ .~ j;~~y - ~'$f*.~ ~ ~ - ~. tw.~ lF _ ~11 Y a *. ~~p.~~ ,~c'.'~ _:rr -' :._. _ Mt, perriande~s When it was up to you to do the re3ecting. Mayor Suarezt All right. ',', Mr. Fernande~e And then it would be proper far .you as the Commis:#iori tt5 ~. -' reject for tahatever reasons you as Commissioners under the Code would have ' ~, . Mayor Suare~t Well j I' 11 tell you what, on a withdrawal cf an item, if ht# °~` wants to stag a protest, we will give ham two minutes under the Code. I'd .' hate to by retcusing to hear his protest, have additional procedural probiemt3 ,~'. in our position. So counselor, each of you two minutes, and that's it. -0n ~" the tvithd~awal on1Y, why tae should snot have this item withdrawn from :the ' ` ~,,; agenda. Yes, Commissioner. ~: ,...~; ., Commissioner Dawkins: Opinion froth the City Attorney. Mr; Fernandez: Yes, sir... Commissioner Dawkins: In the event that this ends up in court, would we in any way jeopardize pour position of defending the City by having heard arguments on this, even though it's not before. us? .Could they somehow challenge that this-was illegally done, and then we've got to go through a mhole_lost of.:. we don't need... Mr- Fernandez: No. The record is already very clear that I have asked you not to.consider. What the .Mayor is doing. as I understand... Commissioner Dawkins: Following the charter. Mr: Fernandeze ... is .giving these two .individuals the right that any other _ _ ..citizen rwould have . Commissioner Dawkins:. I know-what the Mayor is doing. -I need a personal legal ~ opinion ',from you -what we Pay You for. Mr. Fernandez: No. So long as none .-of ;you, that is none of the five of you _ sitting up here, comment, or. opine, or move on any item that is,not in, front ,- of you, because this is not in front of you, that would-not pre3udiee at ail ' ' the City!'s..legal position. _ ~;° u , x. ~" :.~ _ Commissioner IIawkinsd OdC. Thank you. Mr. Mayor. ~. ~ a ,: , _ `~ ~, . . ~ c Mayor Suarez3. OK: , , - s __ Mr. Fernandez: ":' Because these two .gentlemen' are: appearing in front of: You'; as ~;~ ~ two f i , . ne citizens of =this community. _ ~ ~ - °'~`` ~ ' ; Mayor Suarez: .Well, _ that may, be exaggerated,':.but yes; let's hear from theta. ~~~ Two- minutes per, tsounselors, state 'your objections to the withdrawal, if. that's what it is. Vice Mayor Plummer: Let the record reflect without pointing. a finger, which` one he meant, -~~ Mr. t3arGia-Pedrosa: Thank you Mr. Mayor, I think, and: tnetpbers of .the ' „~ ` Cammisaion, it is my :.purpose on7.y to addr. ess ,she issue that :the City Attort~~y •-l ~"• ~~~~ has claa•if i.ed: And you Mr: Mayor, with respect ,to the ,withdrawal o~ .the itt~m ~,,_ rather than the taerits of the:-cantrvversy itself. We think. your City Manager ,. ~" ~ was exactly correct when he originally, and as shown on`itetn 4 of youz agemda~ ` e ~ < r commended then the bid of the Harrison Construction Corporatign,,.which;'•i : ~~ represent, be accepted, .and when a Resolution J~91-294 wan prepered, ,sud the ~F iteta wan inserted in .your agehda. .And the oAly thing that has happened t$ince !~ -~'~~' •- then, is that the fear 4f litigation has prevailed. .When ~ ape~ifiually ;{ ~= daqu~ixed of the administration y~,eterday why this item was being withd~awa, I -~~ ` wan told that it wat; .being withdt~'aw~ becau~se~ of a fear of litigation, And I ` would simply lilts, attd I appreeiat~ the oppo~tumity "to tell the Cblautiasis~n n ' th+~~ ~~ ~e~t~a to me that noting out of ~ ~es~', o~ lltigatioa is r,~a~l3- probably ~ t3pf~l~t the worst basis, upgn which thi:a Coauuit3~siotit, or th® ~1aha$ar, ar the' pity ~'~ea3~1y, . sh~tt.ld do or re~~ai~- ~~ota doing anythit<tg. And also I thin, to adt -~, '~ ~tt~l: v~-: ~a~t.r -~t~ ~itig~~ic~u ieeta a v~~'y ~l~agexo~s p~acedeut. I don't this~~ the ~ ` =.~'~° _- -~ imtax4at a~ tht~ city ~~~ s+srvsd by having padple oµt tl~er~ thick that ~.€ the+y -gF' ~~_. _ _ - _ - '1 ,- r. :. ~; - make enough noise, and make the Manager nervous, or the staff nervous about filing a law suit, that they are going to get an item which is already set forth in your agenda, legislation drafted, withdrawn. From a timetable standpoint, the Commission knows bf course, that you are under contract with the City bf Miami, I mean the University of Miami to make that facility available to the Hurricanes, and you have a hundred and fifty days. 'Were we to get into a discussion, which I would of hoped we would have been able tb do, of the construction exigencies of the situation, we would be prepared to show you this morning, that already with a hundred and fifty days, you are really pushing the timetable, and you really can't afford to give up thirty br forty more days out of that hundred and fifty days. And frankly, I hope that you .and the Manager can atop to think for one second, the huge embarrassment to the City, and the huge risk that you run if the Orange. Bowl is not ready within a hundred and fifty days. We don't want the University of .Miami Hurricanes going to Robbie Stadium, we don't want to lose that tenant. And I think really that I would urge you to ask your Manager to restore the item bn the agenda so that we can get into the discussion of merits, and I appreciate the opportunity of being heard. Mayor Suarez: Counselor, thank you. Mr. Flaxman: Yes, I concur 'in restoration of the item on the agenda. I believe there may have been some confusion with regard to the advertisement that went out to bid. The advertisement that went out to bid did not call for a pre-bid conference, I want to make that very clear. Unlike the other phase for the electrical work, the advertisement to bid did not call for a pre-bid conference. The only requirement was that the bid had to be submitted before March 19th which in fact, Danville-Findorff did. do. There was no requirement to pick up a spec book at any time prior to March 19th. Any time after February 21st the spec book was available, Danville picked up the .spec book after March 1st.. Buried on page 56 of the spec book is a requirement that you attend a pre-bid conference. Since it was not in the legal advertisement .itself, unlike you prior .renovation to the Orange Bowl, it's a condition that clearly can be .waved. The ob3ect of course, of such a pre-bid conference is to acquaint the contractor with the work. The contractor. in this-case was acquainted with the work. He has numerous projects including the Bayfront, _ Amphitheater, the Federal Building, the State Office Building, some twenty or thirty million dollars worth of construction in Miami, so there is no question here that. this particular contractor has the ability to fulfill his commitment. We did make up a spread sheet indicating that by acceptance of Danville-Findorff's bid, the City will save five hundred and seventy-nine thousand dollars ($579,000). Now that's on a four million dollar ($4,000,000) project,; the Harrison bid,-it's a saving of twenty twenty-five percent, that's- a substantial savings, there is no guarantee upon a re-bid that, that will happen again. So basically, we think we should go forward with the discussion on it, we think that in view of the. fact that the requirement for a pre-bid conference was not in the ad, that's a' condition that this board can waive, _ and save .the :taxpayers of five hundred, and seventy-nine thousand dollars ($579,000) rather than re-bid, and who knows what other problems can come up at that ,.tame. Thank you. Mayor Suarez:. Thank you, counselor. Item 5. Mx,. Flaxman:- Is there a motion on the...? Mayor Suarez: No. I guess we have been told by our City Attorney that it's ? not ,a good id$a and maybe,-out of order, and may create further legal problems I for us to even make a motion. So perhaps, if you have "a bone to pick" with aaybody, it will be with our...legal counsel.. ; ~ ~';'•'" :; iA '~ ;.. -,.- --~; .. ._ ~Sas~h 2~, 1991 Mayor Suarez: Are we going to hear on item 5 from Dora Valdes-Fauli? Ms. Dora Valdes-Faulis Yes. Mayor Suarez: Do we have... may I assume that we have a position that is in opposition or adversarial to Ms. Valdes-Fauli? Do we have people here who are going to argue? OK. If so, since we don't have any official notice that you aye going to do that, but we certainly have unofficial notice that you're ~ ,. going to do that, may I have a show of hands as to who intends to speak? -and _' if you have a leading spokesperson for the group, who that person is? Margarita, doctor, OK. The two of you at least, and maybe two others, and if j_ ~ we have a third position, or anyone else that wishes to speak, please line up ~ _ at the. time that... I .suggest that you line up at the time that your ~: particular position is being presented, and then endorsed at, or if it is a third position, that you come in and tell us about it. All of you, please, ! ~: except perhaps Ms. Valdes-Fauli, or is it Mrs. Valdes-Fauli? - Ms. .Valdes-Fauli: Ms. f Mayor Suarezs Ms. Valdes-Fauli, and Ms. Ruiz, perhaps as leading proponents _; -, of their respective positions, we are going to try to keep you to the two { minutes in the Code. In any event, all of you, there may be a lot of _~ repetition going on here today of arguments already had in the past. I am not _; sure. that this .Commission is going to be - to use Vice Mayor Plummer's term - _i particularly edified with some of the discussion that may take place, because ~~: we are already pretty edified on this issue, pretty instructed, so just try to -i avoid being repetitive. Tell us your view, and why you view the matter-that i way, and we will try to take action or not as we deem proper. Please, Ms. Valdes-Fauli. '- ~!- Ms. Valdes-Fauli: Good mornin Thank pp y g. you for the o ortunit to address you. My name is Dora Valdes-Fauli, I live at 75... 3 { -- Mayor Suarez:. You can pull the mike a little closer to you, ` ~ :~ Ms. Valdes-Fauli: 751 North Greenway Drive in Coral Gables. And I am ~ ~~ _ here to address, of course, the issue of the expiration of the lease. of the ~~ ~ Cuban Museum of Art and Culture. As you well know, as the Mayor has alluded t ~ o, everyone in this community is aware of the enormous controversy around ~- this institution. I address you this morning as part of a small committee, an _~ informal .committee that was formed to try to find a last minute solution. to __, this.. I..won't go into all of the problems of the controversy itself, but my =:~ committee members and I ha~~e tried to find a solution that .will avoid the '' , controversy for ,the future.. The members. of my .committee, I think I gave ,all 4 of you a list yesterday, ;hand delivered. to your office, but.. Monsignor Br an -E Walsh, who just had to leave, Eduardo Padron,,H.A. Barranco, Maurice Rosen and myself, formed this ..committee. We would like to present a very simple and - 't logical plan for this enormous controversy. We would like to ensure-that a `` _~ very viable and-beautiful cultural institution doesn't just go away, doesn't 3 ~ just .die in this community. I think that would be a tremendous blotch on the '! - `;_ historq of our society, on the history of our community. Our platt is based on ~, ;( the fact that. .this controversy has: been an enormous battle between two factions. You are very well aware of that. One faction is, some members of ' the .current board of directors who have been involved in the controversy for I~ ` ~. _}_ ;i the i~st three years, and the other faction is, some former directors of the ~ m seum;, and some..founding members of the museum, who have been very vocal in ,~ ~, ~ their,.. very , vocal against the administraticn of the current board of ~ ~ ~ directors. In } the opinion of ,our committee, we would like to see both sfdes ~' ~etiXe.,frcm the, fray, retire from the battleground, and let the museum be run .. ~;,, by a new group gf people, A group of people not involved in the controvers}q on either Hide, _ " It seems. to me a very simple and logical apd beautiful p~.an. ~ The f first stag 1n this his already been taken, The directors who have been , ~ N` involved, the o><sea who have pe~~ags .bean. the ma:;t coAtroversial, have ,offered ~:. to z'G~igA, that's the fagtor that's new herE~, that's why l am before ion i, . ~- tQS:ley. There is a new thing in the .ongoing. controversy. Thane direc~r~rs ~, , °` `~ . ll ~~r~h Z6, 1991 ~ u ,.. <_ ~. ~, ,;~~ _ _ __ -~ _,- ,; ,, voluntarily have decided to resign in order to ensure that the institution survive. I think the logical thing would be also for the other side of the controversy to retire itself from the battleground. Then, my committee has decided that the way to get this institution back on a more professional and - logical footing, would be to find people in the community who would replace the resigning directors on the board. Of course, some of the current directors would continue because without a certain sense of continuity, it would be very difficult for the institution to continue in a logical way. We have found people in the community who, when we were looking, our criteria was that they hot had been involved in either side, and that they be respected people in the cultural community, respected people in our community, and we have found a list that I think you will find very interesting. I think you have that before you. Rafael de la Sierra, Manuel Castilla, Ernesto San~ur~o, Luis Fernandez-Rocha, Raul Cosculluela, Vera Dopson, Luis Calsadilla, Jacqueline Garcia-Nespareid a, and Yvette Murphy, would be willing to serve as new directors. We certainly hope you will accept this logical plan. Mayor Suarez: We11, let me ask you a question. Suppose we found it to be logical, and we found it to be .eminently sensible, and we liked, and knew and liked the people that you are proposing, how would this Commission have any faculty whatsoever, to prescribe for a private, not for profit institution, who their director should be? Ms. Valdes-Fauli: You don't. Legally you don't, Mayor, of course. Your only possibility today, is to vote whether to continue with your concept of not renewing the lease, or to... but our idea would be for you to renew the lease for one year, give us a chance. Give us a chance with some new directors to prove to you that we can do away with the controversy. That an institution as beautiful as the Cuban Museum has been throughout much of its history, could i continue with its programs of exhibitions, of lectures, of concerts - this ';~ institution has served this community well at many times. And I think with a j new board, not having been involved, really basically with either side of the F faction, of the enormous dispute, would be able to prove to you within a year, that it's a viable institution, an institution that should survive. As you all. know, we have a legendary inability in this community to solve problems without battles, to solve problems by mediating, to solve problems by 4 - concessions. The .group of directors that had been controversial had made the ~ ~' f irst step. ~' ~_ ; Mayor Suarez: I don't agree with that, by the way, that version of history. ~~- ~`' zi.. That is, if I could characterize it, probably the Miami Herald version of _. history, which I happen not to agree with... a e Ms. Valdes-Fauli: Very well. ~ Mayor Suarez: ... but I think we do a darn good fob of conciliating and - reconciling problems that we have in this community in moving forward, but... ~" Ma. Valdes-Fauli: Well, I would like to see that same ability applied to this particular problem, and a chance given to this group to prove that this museum can exist, can serve the community, and will not be involved in controversy.. A one year renewal... addressing the question that you brought up of whether there would be any legal status - no, the City can't decide on that. We are here only, also as a matter of concession, to try to bring about a plan that _ _ would be a sim le solution - to convince ' p you to give us a year to try again. Mayor Suarez: Thank you. By the way, we appreciate, at least I personally '! appreciate, -your effort to mediate, and that of the other members of the _ committee, many of whom are people who are always trying to solve the ~~- unsolvable in this community, and that's ceatainly appreciated, .~. _ _ Ms. Valdes-Fauli: Thank you, Mayor. ~s~. ~.,, ~~; Ms.-Margarita Auizs Mr. Mayor, members of the Commission,.. '? ~.~ Ms; O~eiia-Tabares-Fernandez: Bxcuse me. Mr. Mayor, did you want everyone on ~ ~¢~ the same:aida of an -issue first? ~- can alternate.? ... {„, -' tlaidontified Sgeaker: we can do it. , - ~~y~r , ~ , Wa €a-~s .~Ta, mot We pan go back and €orth, maybe k+~ep them aavr~e ~*e} ~r „ p - ~~ bVa~c~ ~~~ ~FO~ ~=~ ~r~ .. ~ ~'' _y-~, _ _ __ +. 1 j Ms. Ruiz: We would like to first of all thank bore Valdes-Pauli for feeling that she needs to get involved, and help in this museum. We wish she would s have gotten involved three years ago, because this was a solution that was k_ presented by FACE, it was presented by UNIDOS, and the present board of the museum failed to support those positions. Maybe, we would not hgve ha8 this war, if you want to call it that, for three years. I think she sags that we have an inability to solve problems, and like the Mayor said, I think we do solve them, but if you read the letter Mrs. Valdes-Pauli sent to all of you, it is very threatening. It threatens that if their position is not acceptable, then they are willing to take the City Commission to court over this. Mayor Suarez: I think they refer to another party taking us to court. Either way, it did sound a little bit like a threat... Ms. Ruiz: It was very threatening. Mayor Suarez: ... but it wasn't necessarily that they would take us to court. That some of the other corporate members might take us to court. We get threatened of being taken to court all the time, in fact, we are taken to - court all the time, so it's nothing new. Ms. Ruiz: I also would like to say that Dr. Eduardo Padron was a member of the board during the whole process of problems. In fact, he was not attending meetings and Mrs. Aldesa asked him, and that is in one of the museum minutes, for him to stay until he voted to vote her in into the elections. So he has been a participant, and in my opinion, that does not make him a respectable person in a committee trying to solve the situation. t Mayor Suarez: Well, he is respectable.., 'i Ms. Ruiz: As a person. Mayor-Suarez: ... Dr. Padron, we always respect him a great deal. Ms. Ruiz: I am talking in this... Mayor Suarez: He is notorious for not attending all the board meetings that he belongs to, because he belongs to many of them. Ms. Ruiz: No, but what I am saying, that it isn't respectable for him to be in a committee... Mayor Suarez: But he is also respected and notorious for contributing a great- ~' _ deal to every board that he participates with though. as ,~, (APPLAUSE) ~; Mayor Suarez: Go ahead. ~, Ms. Ruiz: If not respectable, unreliable, but he is not in that committee. He has no place in that committee. Second of all... ~ Mayor-:Suarez: And he is somehow involved in his employment, so you had better ~ be careful. ~ :: ,.. Ms: Ruizr No, I am not in his employment. Mayor Suarezs No, no. Dr. Padron is somehow in the hierarchy that keeps-him ~.. employed,.so,.. ~~ ,; ,~ ~ - Ms.; Ruizs -.Also, in the list of people that they propose as new directors, j , ~,., Raul Cosculluela is listed. I have Raul Cosculluela's signature among all the "~ formQr; directors of the Cuban Museum who proposed that the museum. bo~:rdbe ~''` ~; returned to_its fouadera, So that is another one of the people as manyothers ® ~ that were listed, that in this sew list that you received. yesterday :wares x~c:t , iaol~ded. Rene Muray..had been included :originally, he-.said he, woul;~->~At ~. ~artlcgate - so had bean Frank Mestre, he .said he would sot part~~~.pab~: ~~ Addition. to that,. they- said that .they .have a board where. I balieve•ape _, members who w~ra Controversial., would be isaviag, aAd the ~€:at s~ould' ram~ai~- ~' ` ~~~ ~-io~ly continuing the board, 0# thaw that would remain, which ~ ~ keii~ve ,, , ~,~ ~tereh ~~, 14Q1 _fi, .: - - i i ~, ~; is fourteen or fifteen, eight of them were involved in the controversy. So we see once again, that those names continue to be in the list, and they are ! Fernando Darbendi, Marcerlino Alvarez, Mario Amiguet, Josefina Arellano, Mario Arellano, Angel Moreno, Julio Hernandez Rojo, and Osvaldo Monson. As '' far as we are concerned, this board is the same thing with just a simple soap ~`` and water on the face, but it continues to be the same. We ask that the City ;` of Miami do not redo the contract with the present board of the Museum. Ms. Ofelia Tabares Fernandez: My name is Ofelia Tabares Fernandez, and I live at 1861 SW 36th Avenue, and I come to beg this City Commission to really act '," with absolute fairness, as I know you will do it, but also with true knowledge of what is going on. The proposal made by Mrs. Dora Valdes-Fauli, and signed by Monsignor Walsh, by Mr. Barranco, Padron, and Maurice Rosen, is not reliable information. It is a misleading one. As you can see from this letter, and you all had the f irst f iat, they have had to change the list of the committee members, because when they saw their names published in the newspaper, they all expressed their refusal to participate in the community..: in this committee. And I am talking about Monsignor Walsh, Teri Zubizarreta, and I wonder where is Mr. Kaplan, when he hasn't made any public statement. And Roberto Suarez, who was in the first group trying to put everybody together, he assured me that he was not a member of the committee, but anyway, - he is not signing. With regard to Mr. Eduardo Padron, I feel extremely sorry to say that in my personal opinion, and is my first right amendment to say it, I don't trust him anymore. I talked to him three weeks ago, and he assured me, personally, that he will not participate in this plan, because in his opinion, this plan has not any viability. In addition to that, I reinstate what Margarita said. Mr. Eduardo Padron was a member of the board of director - at the time that the auction was voted, and his vote and the vote of Mr. Cruz- = Alvares, who at that time was not a member of the board of director, were accepted as a vote by proxy, which put us in a position to assure. We have assured- all these three years that, that is not a legal board of directors, since the first moment that they took over. In addition... Mayor Suarez: We don't decide that, we understand we don't decide that here. We are not a court of law. Ms. Ruiz: I know, but I am saying that... Mayor Suarez: Ruling on... Ms. Ruiz: ... he doesn't have the credibility, and he shouldn't be part of this. Mayor Suarez: All right, you certainly have made that point, Ofelia. Ms. Ruiz: My intent here is to point also, in the list of new directors that has been established, Fernando Rocha was before involved, Cosculluela the same. And those remaining, Armendi, Arellano, and Julio Hernandez Rojo, Armendi, Arellano and Angel Moreno, were also board members. So this is not an unbiased proposal. This is a partisan one, it's not a pluralistic one. They have not considered the opinion, they have not reached for any of the... more than sixty-four members of the board of directors of the Cuban Museum, most of them we have their signatures supporting the idea that this will not be accepted. This is unacceptable. This is a biased proposal, and I beg you not to accept what. they are asking for. '~ !i Mayor Suarez: Thank you. As I stated before, we really don't only don't have any particular capacity to decide on boards of directors, but we probably _ don't know a lot of the people that are being mentioned. We do know Dr. Padron, most of us I think up here, but some of the other names, we donut know. So, .your arguments directed at whether they are good people or .bad ~~+ people, or representative people, or people that would be elected, are almost useless arguments at this point. Yes, Mignon. Ms. Mignon Medrano: My name is Mignon Medrano, 90 Edgewater Drive in Coconut Grove. I am the founding president Emeritus of the Cuban Museua- of Arts snd Culture, although my title was removed from activity, let's say. I feel very.. sad to see that three years after the whole controversy started, ws ars still $o~.n$ back to square one. It really is very unfortunate that the only muaeru~a ' -< w~.thin the City of Miami limits, is still subject to debate, attd to;.insu~:t, and to injury, I would like to say only, in behalf of the founding mambara,o~ ,' they Gu~ban Mus+aum, and of the past executive boards of the Cuban Muse~srt, that 1~+ March 2'~, '~.~91 ~. ,f. ,. f E throughout our tenure, there was never a problem with the City, with the neighborhood, with the community, with the mandate that we had from the greater Miami area to bring to the City, and to the tourist who visit us, excellence, and the fulfillment of the true purposes for which the Cuban Museum was founded. It was never intended to be an art gallery. That is a very dangerous line of work. We were meant to be a historical museum, a Cultural museum, to include art as one of its branches, in order to bring ourselves to become better known in the community, and to bridge any gaps existing between our multi ethnic community. Those principles have been betrayed over... Mayor Suarez; We certainly ail have agreed here with the argument previously made, that it was not the contemplation of this Commission, as we understood it, although I wasn't on the Commission when the initial lease was awarded, and Commissianer Alonso wasn't either, and I don't think Commissioner he Yurre wasn't either, certainly, that no sales of artwork were envisioned, and that no auctions were envisioned, that principle has been established. I don't know. that at this particular point, that's going to add anything to the discussion either, because presumably, that's not happening, and we've made pretty clear that we don't intend to let that happen there, but whether we extend the lease or not is another issue. Ms. Medrano: Mr. Mayor, that is yet to be seen. Mayor Suarez: Right. Ms. Medrano: I would Like to say that regardless of the respectability of the persona involved in this new effort, and Ms. Valdes-Fault is a very nice person, and a very respectable art dealer, and I think that this all amounts to fishermen profiting from troubled waters. I don't think that these people who-have never- been involved in any concerns about the museum for the.past three years.:. Ms. Valdes-Fault before all this happened, was involved somehow with the museum very shortly, for a very brief period of time, but I really don't think that it is... there is anything that ,justifies their taking .this position and trying to tell the City what to do, or telling anybody else what to do. I really believe Ms. Valdes-Fault was a member of the board of .directors. for a short period of-time, and I am sure that she knows very well how we operated and what entails in the work of the Cuban Museum. I really would. like that the new directive.., the new board of directors, the current one be deprived from using further the Cuban Museum of Arts and Culture. Mayor Suarez: In a sense, they were friendly interveners,- kind of like. friends of the court. The only problem is, we are not a court in all of this, but they are certainly friends. Ms. Valdes-Fault: Mayor... Mayor Suarez: Yes. Did you just want to answer that? Ms. Valdes-Fault: I'd just like to answer... Mayor Suarez: Very briefly, please. Ms, Valdes-Fault: ,.. very, very briefly. Mayor, for one thing, the committee here seems to be under attack rather than the new board that I `am presenting as a possibility for continuing. The committee is>a very short- rived... we go out of business today as a committee. The fact that I am'an '1 art ,dealer has been brought up. I have lived in this community for-twenty.' years. I have been involved in the cuiturai community here for twenty years. I am interested in the Lowe`Art Museum, I am interested in the Center'for`the Fine Arta, and I am interested in the Cuban Museum of Art and Culture, because those are my interests. I think they are important in a community, and that's the only reason I am here. There is no self serving on the part of any of this committee. Mayor- Suarez; Yes, and I don't think there was meant to be any implication that as an art dealer that you would be in any way be involved in it. Ms, Vaidss-Fauii: All right, and also the fact that-some people have changed their minds and that kind of thing... obviously Eduardo Fadron, if he_I~ed t~ald them, 81so changed his mind, and signed our iett+~r yesterday. *~Qt Y+~a, th~ix~e has been sQtne confusion, this its a last ditch effort to txy ~d ~c sc~me~h~ag `.: i~ ~3are#~ ~ ~~, i9Ql ~j ~` ti'f ti ,: before ytiuz' decision takes effect in a couple of days, so there hag keen sCitie confusion - I think on the part of both sides. It's a logical thing to have happened, and shouldn't in any way, make your consideration of the problem any legs. Thank you. Mayor Suarez: Very good, (Apl'L.AU~E ) Mayor Suarez: please, please. Ms. Ruin: Mr. Mayor, I need to clarify something. Mayor Suarez: Maria Elena... Ms.'Rui2: I need to clarify something Mrs. Valdes... Mayor Suarez: Clarification really quick, Margarita. Mg. Ruins Eduardo Padron's name was on the list submitted to your office oh Monday, so he did not sign yesterday. He wag on the list as of Monday, - Mayor Suarez: OK, thanks. Maria Elena. - Ma. Maria Elena Prio: My name is Maria Elena Prio, I live at 1541 Brickell Avenue. I am vice-president of the Cuban Museum of Arts and Culture, and I_am here on their behalf . I wish to confirm to you the support. of the board of directors. of the museum for this proposal, our sincerest desire to see the continuation of this institution, and to assure you that the resignation, or non-reelection of directors who were directly involved in the controversy, is done with the-,best of intentions,- in the spirit of peace and cooperation, out of>a commitment for. the institution. We are voluntarily stepping aside. And that you take it with the spirit and understand it in the same spirit in which it is presented, and with which it is intended. I can vouch for that. I also .have fore your. consideration. .. ~ Mayor Suarez: In that sense, you have spoken in your individual capacity as a member of the board, and. you have also spoken on behalf of the existing board ~ to endorse a particular plan of board membership, et cetera? as outlined-'bq °': Dora? _ Ma. Prio: And as well, as one of the resigning directors to support the. plan presented by Dora Valdes-Fauli, and the commission. > , ., _; Mayor: Suarez: But do you have the capacity on behalf of the existing"board, as you make that .proposal? ~~ Ms. Prio: Yes, I do. I have the capacity to speak.. on behalf of: the'existing ~ board, as an officer of the existing"board, and of the resigning directors. ~~I ~ : also finally have for your consideration, the signatures of the most immediate ` neighbors of the Cuban Museum. The board of directors went door. to door;.in that '`neighborhood, in the same block as the: museum is located. We `went directly-immediately around the museum to ask persons how they felt about'an impending. eviction, or exptration of .the lease, and I have` for" your consideration and for your review, the- signature' along... the' Warne:, - signatures, and address of; these neighbors... the farthest-we went is"a block _ away, :it's -thee immediately surrounding neighborhood. These are their _ signatures, we have forty-five signatures. Out of all the homes we canvassed, _ only six people did not sign, .and. the list that I present to `you tadaq i® -~`; presided by slat®r Trinidad McCarthy, the principal of St. Pater and .'Paul ," Sahooi, which is directly across fr-om the museum... Ms-Ruiz: :Mar.. Mayor, I needto clarify something about that. ;= Mayor Suarez: No, no. Not .right now, Margarita. This is... you've not been rscogaaizsd. ~; Ms« Px-ios This list ias available fpr your scarutiaay today. Thank you very ~'> _~. much.::.: k ~` ~~yc~~ Suar~>z; OK, l6 Maar~h ~~, ;~!A9~ ~~ ~ a ~~ _ ~,< r ' ~ ~ Ms. Ruiz: Mr. Mayor, may I clarify that? Mayor Suarez: Wait. Yes, yes. (APPLAUSE) Mayor Suarez: Please, please. Please, let's not be out of order. You can't just clarify anything anytime you want, but you may clarify it now, Margarita. Ms. Ruizs OK, sir. There was a question asked of the neighbors, Luis Vega who lives on the side street of the museum, was asked, was he in favor df the Cuban Museum, and I don't think there is a Cuban alive who is not in favor of -_ the Cuban Museum. It's just like the question Gorbachev... Mayor Suarez: Well, that's interesting. I don't know what the petition says that they signed, so we don't know what exactly they were endorsing. Ms. Ruiz: But it's... 6 Mayor Suarez: So we are going to take a look at the wording of that - if you have that, because we intend to put it in the record. I think that was .your intent,- and maybe I could read the... Ms. Prio: I want to say that we have not made copies. This is the original. Mayor Suarez: OK. Well. let. me just read into the record Maria Elena, the - heading of it, or the... so that we can clarify what they signed, and then-you can... Ms. Ruiz: What I wanted to say was that a similar question was asked of the Russian people, if. they wanted to live in a state of peace and harmony, and with human rights, and we all-want the same thing. (APPLAUSE) -' Mayor`Suarez: That's not... please, please, sir, please.. That's not exactly clarification, that's more by way of a rebuttal, but the wording as it reads says, "I reside in the- neighborhood in which the Cuban Museum of -Arts--.and ~. Culture is located. The museum has-been a good neighbor, and I do not believe it should be evicted from its premises." And then the Spanish, SOY VECINO DEL ~ MUSEO DE ARTE Y CULTURA. EL MUSEO HA SIDO UN BUEN VECINO Y NO CREO QUE DEBA SER DESALOJADO DE SU LOCAL. This is entered into the record, and I.guess the wording can be interpreted, or it speaks for itself, as the Commission may deem proper. Thanks Commissioner. Doctor, and then Pauline, and then we finish, please after that. We've got other items that... there is one item that I think,- counselor wanted to be out of here at 10:15 a.m., in the Eva Nagymihaly matter, which we've been promised today would be about a,one minute deal this time, on our fourth consideration of it, I think.- ButeI am not going,to intimidate Eva. If she wants say... as my neighbor, I-have~to be nice to her. Yes, Doctor.. Dr. Fernando Alvarez Perez: rty name is Dr. Fernando Alvarez Perez, ray address is 760: Anastasia. I am'one of those people that was mentioned in neither o~ the statements which Dora Valdes-Pauli spoke about .previously. I was neither a previous director, nor one. of the existing directors. -And I believe.that this lease should be executed as ended on the lst of the month due to the fact that the whole new last minute proposal talks about, and addresses exactly:tha ~ same issues as before. If this is supposed to be a compromise, a compromise G;: should be led bq two parties.` I myself, have talked. to a few of the new _and of the previous directors who are in the museum right now, asked them to come ~~ and talk to us to see if we could solve the .problem among each other, and. the ~~ answer has been, zilch. This is not a compromise, this is a unilateral demand F ~. •, €ram the people who are. inside .the museum right now. If there was ~' compromise,.. r;: ~ { ~,.. ~ ~- +(APPLAU~E) r `~ ~': Dr. Perez: ... they would have come and talked to us specifically, in Dreier , w= -_. ~.. -'' C9- eolva -~tlr problem, . T do -.not believe ..that shows good faith is solving a a' prab7~~, Number two, we .have a problem of principle, which wa have sot talked ; aboux hire, the mew 1aet,mi~-ute issue, does not address end of the principle fQr ,which this problem: was First began. We do aQt address the iesu~ of nnle , , ~~:. _- l7 ~~roh 28~ X991 ~',~ - ~ ~ of artwork with people inside the government, and again, inside the government, not people who are in Cuba that we have no problem with and this has been overly stressed. There is no principle which has been expounded upon in their new proposal. So therefore, in six months, Commissioners, and Mayor, we may find ourselves with the same problem again with the sale of artwork of people who are inside the government. We have asked them please, come and talk to us. The answer has been, zilch. For that reason, I do not believe that this shows either good faitl•., nor do they have the credibility to come up - with a last minute ditch to stay in line, when they have... for three years - hgd the time to do their work before. So I believe, that please finish with this lease, so that we can get on with our City, and then we can get on with... if they want to begin a new cultural entity, perfect, we want to begin one also, but the principles h~-ve been violated. (APPLAUSE) Mayor Suarez: By the way, our major concern in the past on the issue of sales had been more the fact of a sale, the fact of profiting, or making money on a sale, which we thought was sort of... at least against, in principle what the lease stood for, not necessarily whose paintings they were, although obviously, we have to respect federal law in that regards, and if federal law changes, then that, so be it. But the lease... the concern of this Commission I think, was more that people would not use a what was strictly a nonprofit - museum, exposition of artwork, et cetera, for making money, and from sales. And I think that was our concern. The whole issue of the origin of the artwork is really kind of more of a federal concern. Pauline, and then we - ought to take action on this one way or the other, or not take action and go home and do other things. Yes. Ms. Pauline Winick: Thank you Mr. Mayor... g: s Mayor Suarez: We can't go home, but you do. Ms. Winick: I am Pauline Winick, I chair the Cultural Affairs Council, 111 NW 1st Street. Specially significant, I think at this time of the year that we - ~.: remember the words of the great Rabi Maimonides, who said that it is always ~_ easier to negotiate between two enemies, because you have a chance of making a friend. But when you negotiate between two friends, you are more likely to have an enemy. As chairman of a fifteen member... Mayor Suarez: That's definitely the truth in this case. Lot of enemies have ~•- been made out of friends, that's for sure, and hopefully, friends will be made ~ out of enemies in the future. Ms. Winick: As chairman of the fifteen member volunteer board of the Cultural Affairs Council, I can assure you that our prime responsibility is to create a nurturing environment for the development of cultural excellence. To this ~ end,'it is imperative that we find a way for the Cuban Museum to continue in a form that not only can authentically represent community .taste and interest, -°~ but can also can exemplify the highest cultural standards not marred by any political. interference. .Our City deserves no less. The .world has come to expect this and ,more. We, in Miami, have been presented with a unique ,- opportunity. We can capture the imaginations of the world by just nurturing _ e the marvelous-mix of cultural expressions and heritages of our people. The ~, potential of the Cuban Museum's contributions to our burgeoning national and international cultural reputation, is enormous, and it must be protected. _, Chairing a volunteer board is something that those of you who do it, sometimes you wonder why, and I must tell you, the respect that I have for volunteers ~' who come. forward with no further agenda.. I would pledge the support of the Cultural Affairs Council, it's .not appropriate to end .the cultural .institution, we need to find a way to keep things going. Thank you very much. ~ ~; Mayor Suarez: Very nice philosophy, very nice literary expression. Now, to concrete things, does the County have a facility they would offer far either -"'r-, of these two groups to have a museum? - I am just kidding about that, I know ~` that you are not hers in that capacity. Does the Miami Beat offers,,.,? Thank ~~~ ~~.' ypu,-Pauline. -Commissioners, anyone have any ideas, motions.., '.,, Vice Mayor Plummer: Could I ask a question? t ~. ' - Mayor 6uarez: .,, proposals, or questions, clarifications, et cetera? Vice.. ~ ^ ; Mayon P~.umm~r. -a -~ ,- -~ l~ March ~8, 19St1 ~: ~. _, ~_ ~`~. _ - - ~ ~ Vice Mayor Plummer: Just to question if I rosy, and I don't know which side to ask it of. I guess it would the Valdes-~'auli side, if that's the appropriate terminology. They have indicated that certain members would resign of the present board. My question has to be, if in the interest of the overall ~; community, why all members have not resigned? _,:._ ~;~, ,: (APpLAUSk) Vice. Mayor Plummer: That's... I am not trying to take sides, I am merely asking a question. If we are trying to romo~a the controversy, it would seem ~'` logical to me that all members would resign, and we would... not we, the ,;~, '' organisation would .try to find a common ground of total board, who would-not ~~ ~,; in any. way. have an axe to grind, or have a vested interest, if that's a proper ~,, terminology. So I am asking the question, why only certain members resigned, ~~, and not the entire board? - if there is an answer. Mayor Suarez: Dora, before you answer that, Commissioner Dawkins wants to compound. Commissioner Dawkins: I want to piggyback on that. Mayor Suarez: Piggyback on the question. = Commissioner Dawkins: You know, I have the same concern, and that is, if the present slate, which is presented, is selected, how many persons remain, and from that present group, and how many... will that same number of groups be reserved... I mean seats for the other group? - if this is supposed to be fair and equitable? If you are retaining nine people from the present group, then you must_ have nine from the other, and you must have at least one who is considered a middle-of-the-roader, so that if it's a nine/nine vote, the :' middle-of-the-roader breaks the tie. So how do you intend to present aboard that's composed of quote, unquote, non-committed people? - (APPLAUSE) a ~' Ms. Valdes-Fauli:, Well, let me first answer Commissioner. Commissioner -_ Plummer, L think-the idea is .that for any institution to'survive, --it has-to a have ome sort of sense of continuity. It would be incredibly difficult, 3ust from a technical point of view, let's say at a meeting next-week of the board ,+ ~ ~ far there to be a whole new board of directors with no sense of~continuity who _ printed the program for the catalogue for the last exhibition, that-kind ;: of thing ..: ;.I think it'salso a little bit-unfair to some of the current directors who::are not. resigning to assume that they have been involved in ,the _ ® controversy. Let me dust choose one member, Rafael Miyar has'3oined the ' _ ~' group, has joined the board. of directors of the. Cuban Museum within I think, ',+, i the last year and :a-half. He is an international banker, he has been involved ~ ' in ,the community here, but he is only been involved with the Cuban Museum for the. last. year, after the controversy started, after the controversy had.. basically .calmed down. It seems unfair to ask someone who has donated his time to the museum, to the community at large, to resign when he hasn't been involved. So there are two reasons fo.r that. Some-people have not been ~nvolved:iathe controversy, and a sense of continuity in the. board from -a _ technical point of view. -, ~' __" .. _ Mayor Suarez: _ OiC, , thank you.... Dora. ,. ,. °' V~,ce Mayor-Plummer; I accept that answer as your reason. I don't accept it -- ne~e$sarily to make total peace. It would seem like to me that we .could find, E': '- _~ . you could find, I'tn sorry... how many members are there of the board? i s ~, ~~` Ms. Tabares-Fernandez: Mr. Commission. Maycr<Su~~'ozs Wait, wait, wait.. ~ k ~~.. . . " ~ : I~~. Qalda~~-Fsuli: ~; ArouAd thirty, One a~ the reasoaa I am here commissioner : C, i; =~ k~].ummer, ia.becauea-l have not been involved in the museum, ac x have to'fiad , ~ . _ ~.,~!t. ~: " Vice Mayor I'l~pmers QK, How a-any member's srs there oP the, , . ? ,_ , , , ~?- ~: ~::, l9 ~~xeh 2~, ~,9St~ .: _ -. '[~~- ~ ~ Ms. Valdes~Fauli: About thirty, and about nine are resigning, and about fourteen would continue. Mayor Suarez: Please. Vine Mayor Plummer: OK. It just seems like to me, you know, the one thing we ought to be striving to do, is to put all differences aside for the good of the community, for the museum to remain. If in fact, that there is still the controversy, and I am not speaking disparagingly of anyone that's there who is resigning or not resigning, but if it is going to continue to fester the controversy, where I think if you could come up with wiping the slate clean, snd come up, God knows we can find twelve people in this community who are non-controversial, who have no benefit or axe to grind. And I am going to go one step further which my Commissioners are going to kill me for, is that one of the Commissioners of this Commission sit on that board. Commissioner Dawkins: J.L. Plummer. Vice Mayor Plummer: No, no, no. But I am saying is, is that I think the time has come for peace and tranquility. Pauline made a statement of the great Rabi, I'll make the statement of J.L. Plummer, and that is, that reasonable people can disagree, but they don't have to be disagreeable. We have got to put that behind us - if in fact this is going to continue. Mr. Fernandez: Mr. Mayor, point of order. Mayor Suarez: Yes. Once again, maybe a legal clarification at this point may ~ be'timely. :: .:~ ~ ~ Mr. Fernandez: Yes. With all the respect and deference that I of course owe " as well as I would my Vice Mayor Plummer, I would caution this Commissioner, ~ caution Mr. Plummer, that this is not an issue for you to concern yourselves with. You are here as landlord, in a landlord/tenant dispute, and which you have already passed a motion, instructed me that at the termination or the expiration of the lease, if necessary, and I say if necessary; because we have every hope that they will peacefully surrender possession of the premises, if necessary, we will evict them. If you were to concern yourselves, like I see that you are doing, asking questions that are really irrelevant to the nature ~ of this governing body, which is how that body governs themselves, I submit to ~ qou that you make the biting the bait that the ACLU (American Civil Liberties ~. Union) who is the attorney for the present members of the Cuban Museum of Art and Culture, would want for you to bite in terms of bringing this simple ~ -- eviction proceeding in landlord/tenant, into a higher level, into a different court, making it a matter of constitutional rights, as statements made by elected. official that would impair, or would have something to do with the governance o£ a public body, or rather a private body that expresses their - first amendment rights. : Mayor Suarez: Well, you may have... yes, I think it's a good caution..." ~ (APPLAUSE) Mayor. Suarezs ... you may have overstated things a .little bit., ...but as =_~ landlord, if we were inclined to continue being landlord, we are certaialy - . .concerned about the sort of corporate viability of a tenant, and whether that tenant has internal, you know, corporate structure that is of a long lasting ~~' nature, and is otherwise fighting themselves, et Cetera. But you're right, ~ and I think it's a good caution, Commissioners, if we stick to the issue at i; ~~. ~ ' ~ hand. ~{ .,.. . ~ ~ ``' " Mr. Fernandez: Please. t _ ~ ~ I¢ ~' Mayor Suarez: I think Commissioner Alonao had wanted to say something, and ` '` they Commissioner Dawkins. • . ~~ Idr. Fernandez Again I would caution you, and pardon me Mr. Mayor, because , ~'~' ~, .. I,ta very much involved in the.. , =} 1~agvr Suaxe~: I know, and ~ am not disagreeing with yqu, I'm just,., ,~;":~" Mr. Fernaadess Right. but lst me continue ~uzthex to make aura tk~at ~ giv~a ., ~ : " you, ~ ae ~y nlle~ts as your pity Attorney, prQpex' guidat~cs ~~ yore coASisl+~x' ~. , " _,' , _ this ~.ssu . _, ~~ , . 2Q ~4+~r~#~ -~8, 14+~~, 7 ~' ~L'.~ - f,44 {~ { =d S Gi - - . . .. ~ s Mayor Suarez: ~ am not your client, Mr. Gity Attorney. Mr, ~'ernandezs Well, you are my Mayor, and I'm your City Attorney. Mayor Suarez: I don't want to be viewed as your client. Mr. Fernandez: That's right. In the sense, common parlance. Mayor Suarez: You represent... thank you. Mr.' Fernandez': We understand what our relationship is. The... Mayor Suarez: I don't pay your fees, they all do. A11 the citizens of Miami. Mr.- Fernandezs That's right.. Except I can only give you legal opinion, I don't give theta legal opinion. Vice Mayor Plummer: You pay his fees when you pay your taxes. Commissioner De Yurre: I don't want to know the controversy between the Mayor and the-City Attorney, as to whose role is what. Mr. Fernandez: There isn't, we are best of friends. Mayor Suarez: Attorney-client, as he-characterizes it, which is quite the waq I do, but Commissioner Alonso is definitely entitled to speak please, `- ~=' Commissioner. - - Commissioner Alonso: Yes. It's very sad to see a situation that we have in front-: of us today, and I am sure all of you here today are here because. ,:you love 'the museum, and-you hope that it will stay. I'd :like to ask to the. group - ~ who =is in possession of the museum-today, you have come forward with- a e:; suggestion out of. love for the museum, trying to save it. May I ask you, if a in fact you love the museum as you have told us and proven, may we ask you to = tender`-the -museum to us at this time, without the fear of a legal. battle, __ - allow the City of Miami to take. possession of this museum without a battle, = and give us the opportunity to send some staff to thee: museum and .-within a month or so, .without. any-fear whatsoever, that we are going, to have a awsuit, _ the City of Miami can hold elections and be in some kind of supervisor matter, _ ;: and among all of you, select a group that will be able to manage the museum ~=~ and' maintain it alive.: Is .it possible to obtain:. this commitment from the p ®~` people: who have possession of the: museum? Because I have the feeling that'we might not be-able to find any .other solution. According to what. the City Attorney has told-us, I fear that we will not berable to involve :ourselves; in ~; any :other matter, other than asking you for your. help and cooperation, C' ~~ allowing us to maintain the museum alive. I could very easily say, well, I am _ ~ going to make amotion-.and suggest that we.go back: to day one. It will:be:for '~ a.~ us, .taking positions that .perhaps,:: legally, we are not supposQd to ake.~ , I ~ "'- could very. easily- make a suggestion. and say,.each one of us can appoint two ~ individuals, people who have not been center of the controversy, but I don't think= thatthis ' is our -role, and the .City .Attorney also has reminded us that ~ ` =_ it is not our role. But we could ask you to work with the-City of Miami, and ' turn the museum over to us with the guarantee that: we `will not class the ` ~ museum as such, that; we will do ail` in our power. as to maintain the museum and ~ ~ - to he7;p .elections, hat will be done, and elected by all of :you, in. the' ` ~= feeling that we>want to save the :Cuban Museum for this community, and. for r `; . r• ~~~ ~ years to come. ~ { = ~~,' Commissioner Dawkins: Mr. Mayor. , : ;,- , ~_ , . Mayor Suarez: Commissioner Dawkins. ~, :,.. - ~~.i :~., Commissioner Dawkinss Following .Commissioner Alonso's theory, Mr. City ~~.; ~ Attora~y. - - - ~$ ` ....j_ ~ Mr. Fernands~s Yee. ,ti:: ... --°~• Cosacnissio~$x Ds~k~~s: Wou3d it be pr~par for her. to offer that.. the City ; revoke the leases-",enc~ ~ aia mere]~y trying- ~o .foils~w;-.her. reasoning.,. ' `;~,ti~; . ,~'; Mr. yernsndet~; ,lust s~cp~.rnd. - ., ~: ,. b ~~ 3ia~ch ~~, 1~9~ .. .. _ ~. ; s: ~~c - r .' x -- ___._.,_~ ramp: _n.__ _: Commissioner Dawkins: ... revoke the lease, take possession of the propeYty~ and then legally, you'll have to find the way to put out, as Commissioner Alonso says, an RF'1', for the lack of a better word, that says, that we have possession of it, and that group which this City Commission fees will operate the... along her theory, and I hope I am following... Commissioner Aionso: Yes, sir. You are. Commissioner Dawkinas ,.. along her theory, that group that shows that it is going to operate the museum for the betterment of the community, for the fulfillment o£ the Cuban history, and to show whatever, then that group could again be leased the property? - I don't snow if that... Mr. Fernandez: Yes. If I understand you correctly, excuse me, and I want to make sure the record... Commissioner Dawkins: Not me now, understand hsr. Mr. Fernandez: Yes. Commissioner Dawkins: OK. f':_ Mr. Fernandez: Both of you, as you have expressed yourselves, that not much I aforethought has gone into the suggestion that you have and certainly as -~ Commissioners in this community, you are very inclined to find a viable _~ solution' to this problem in our community, and I don't see any legal problem -, with. that.. But the crucial point that must be made, is that the lease expires, and upon expiration of the lease, this property either by peaceful surrender, or by eviction, must come back into the City. Once that happens, you may, as elected officials, commit to the community the fact that you're ,~ committed to keeping these premises for that particular use. Now, who will occupy and who will run... excuse me, that premises, would be subject to a process that needs to be worked out. It could be... - '~ Mayor Suarez: It has to follow the charter, or code, et .cetera. _ _ ® Mr. Fernandez: And it has to follow the charter, and there has to be revokable permits, and it has to be one way or another, negotiated,. and it :is viable. . . ~ . . ~: Mayor Suarez: Well, it doesn't have. to be revokable permit if an RFP is put ~' - out and it is competitively granted. _ i Mr. k'ernandez: Correct. That's true, Mr. Mayor. I am just to cut to the ~' a bottom of it. ~. . ~ t , e Commissioner Alonso: But we can even simplify the process by saying, if they ~~ turn over the museum. to us without any kind of battle, and in a gesture of ~ good faith and-love for the museum... > . ~ . Mr. Fernandez:. The City can commit itself. ~ `^ ~~ Commissioner Aloneo: ... we _can instructs let's says the City Attorney to ' work with all of the groups, and the City of Miami to set up an election date t in wh3.ch~we will have people running, and we can finally get a real solution ~; to who wily be in charge of the museum. =;~ ~. : ~ ,~~ ; Mayor Suarez: OK. ~N _ ~, ~~.~ Conuaissioner Alonso: To me this probably will be a friendly- solution... :.~ =~; Vioe Mayor Plummer: Question. ,`; : { ~7 ~H~, _ . ,,: ~pmmiaai.oner Aionsos , .. and. the only one that I think that we aan really `:3 ~~ ~~ ~: Mr: Fernandez: This is a sitRpie ~usetion. -. v, ,_ .. ~~ :, Comm~s~igher .Ai~naos. ; , ..~ other than saying, we take .over anti the mu~euna ~.s ~~~~ load. ,}; ' , , ' - ~~ M+~rct~ ~$, 1991 ~" ~ , ` ~; ~; ~,, _ ~. ;~ t a Commissioner be Yurre: This is even simpler. Vice Mayor Plummer: Simple question. Commissioner, who would be the voters Commissioner Alonso: We have two groups. Commissioner, we can say we don't have voters, but yes, we do, because we cannot ignore the will of these groups. We have two groups of people who have worked for the museum through the years. They have proven records that they care. Well, among all of them... they were friends at one time. I wasn't a member of this Commission, but sorne of you mere: They came to us and asked, we want to have a Cuban Museum, and it worked for many years. We all were proud of the Cuban Museum. Something went wrong that I don't want to analyze, I don't want to go into that, it took years of battle. Right now, we see two groups coming to us and telling us, we love the museum,. we would like it to continue, we are working, we are trying to work solutions. I don't think that when you love something, you want to kill that thing, whatever it might be. In this cases it is something very important, it's the Cuban Museum. I don't want it to .die, I want it tb continue for the... but on the basis that is fair to everyone concerned. And that's what I am trying to accomplish, if possible. If not... Mr. Fernandez: Mr. Mayor. Mayor Suarez: OK. Commissioner Dawkins: J.L. Plummer, the voters will be the residents of Little Havana, and not the ones in Overtown, because we don't know nothing about the museum. Mayor Suarez: All right. Commissioner De_Yurres Mr. Mayor. Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: If we are going to be talking about, and again, we are getting... rr Mayor Suarez: Anyone who lives in the vicinity of Charley Hadley Park,: would certainly not be able to vote on this. Commissioner De Yurre: I_think we are getting off of the .focus that we have { to'deal with here. But if ever there would be voting body, I would say... you F- know,-you would have to feel that it would have to be for example, all the people that had -ever been directors. of the museum. You know, get all: that `_ it:..`from day one, and they have a vote, and let them decide what they want f, 1 __~ _~ --R to-do, but that would... dust that I am throwing that out there as a ... thinking-out loud. Bottom line is, that we, as landlords, have a right to our property. Mr:;. Fernandez: Correct. Commissioner De Yurre: Property that belongs to the. City. of Miami. We want :that property-back, we will take it back one way or another. -Mr; Fernandez:.- Correct. Commissioner De~Yurres Hopefully, it will be in a peaceful fashion. , Mr. Fernandez: -In fact, you have, Commissioner De Yurre, if I may interrupt, I-advised you a year and-a-half,. to avoid protracted and expensive iitigatioa c~rex~-3.ssues that had overtones. at beat, of implications of conptitut~Qna~. f ~~ rights,: free :expression, and the like. I advised you, I topk the risk of ~_~ adviaia ,yoµaot to roceed with 'the.liti ation at that $ p g point in , time, and: t4 i ava~~.t'~fnr t#e .normal and natural expiration of the. ..ease, because tk~en t}~~.a j whole i$aus_ would be: placed'eimpi.y in_the .context of ~.andlord/teaaat. , . _ '" Mayor. Suhre~s At~d we did _p~at.. ,, , . 2.. Mr.- Fernandez; ... and you will have. ~, - ti` ~_. ~3 l~~r~~ ~~, ~,S?9.1 CN. ~,~ ,,; ., ~~- . _ ~, ±' Mayer Suarez: All right, that's where we are now, and we have to come up with 'f ..' ~ ~ a solution. Commissioner De Yurre. ~ n, Commissioner De Yurre: Mr. Mayor, right now, if it's my understanding... if my understanding is correct, if we take no action at this point in time, then the normai procedure... k ~ ` Mr. Fernandez: That' wilt tender... ~ # Commissioner De 'Yurre: ... of landlord/tenant will continue, and if by the ~ end of the term of this lease, the property isn't tendered back to the City, ~~ then we continue with eviction proceedings, If there is no... ; # Mr. ~'ernandaz: Correct. Well, we certainly anticipate a peaceful surrender + of the premises. ~,~ Commissioner De Yurre: 4ie11, I know, but it's in motion already .the ,t procedure. We already voted once in the past... ~_ Mr. Fernandez: Oh yes. +t .Mayor Suarez: He is saying, absent that, would there be already a charge to you from prior resolutions... Mr: Fernandez: No, no. ,, ~; i `Mayor Suarez: ... if we took no action procedurally, Mr. City Attorney... '~ Mr. Fernandez: That's already in the record. Mayor Suarez: ... that if they did not tender the premises, that there .would 4'; be automatic legal proceedings? Is that already in the works to that extent procedurally? ~ Mr. Fernandez :` Yes it is. Motion number 90-106. =: ~; f ! ~ Mayor Suarez: I believe you - just want a yes or no. Thank you. r ~!~ . ~; , mil! Commissioner De Yurre: Now, with that in mind, I think that the message has ~1 to be clear, because I would have made a suggestion of letting the original- - ••~ founders take over the museum, but I feel that there would be objection from ~~ the existing members of the board of directors to that. Just like there is ~. objection to what is being proposed here .today by the .other group .. So .the ~ , bottom line is that'we continue with the legal procedure .that. we have, we take ~~ possession of the museum, and hopefully, after that point in time, we can sit ~! t ~~ t down and work out somethin that we can all live with. g e~~:~ -~. ! (APPLAUSE) ~~ _- ~ '_ ~~ Mayor Suarez: Let me pick up on what the Commissioners have .been stating, and . tell you how I view this. One ofthe people who is involved in all of this., ~ __, ~ kind of as . an interested noncombatant, for .the lack, of a better .term, 3 suggested to me the other day that we follow another-great teachez in Judeo = Christian his tory, Solamon,`and we suggest that, if you all cannot agree on who is going to manage this particular asset, which is~ a..hand asset, and a zeal estate asset, this building, that we simply close down the whole shebang, we destrpy`the baby 'in effect, and hopefully, in threatening to do that, which i~ somewhat what the Commissioners have just said, we would find who is really „~,`" interested in preserving the museum as an entity, and that person or persons would come forward and we would then be able to assign the baby. to that ~. "`' ' particuar mother or father - which was an interesting philosaphicai way of - ~' ;~ ~ explaip~.Ag what our limitations are inthis. And we once again, want you all ~~ to know, we 'are very limited. Look at this in ~zistoric analysis of what ouz ~ ixavalvement is, ~ in the books of the museum of.. Cuban Museum of Art aad ~` R CuTtu~re probably, this particular asset... I haven't looked at the hooka, but -~~ ~f. probably, I knew our. staff has,. and our City Attorney .aad C~,ty Maaagez~, ~:; because we d~.d a review of all of that,:.. res.on.aibility of th~.~i , particulaz ~~~ j, tenant, I th~,ak wa had to 6a' through all that ar Qr~e paint.; and wa even load an -.,~~=~ ,~ _ ~~° a~ac~it I thiiak, ~~obab~. this nauseuai, this gartcular pieces pf p Y px~opert j, ~gesn't even show ug as an asset. $Qnause: it hss aQ value, it Via, , , if, ats ~, ~ ~, the City' Attox~ey `~t~ pa~~ap~aln~r we were to eater into a revakakle use permit, -~` ' we coµld take ~it ~~:ak w3.thl.h thirty days aatl~e. It ie' nQt the Cµ1~aA Masewn ~ ~f~ ' ~. ~g, ~ ~~ Marsh 2~, 191 ~': ~,. .~ 41 -. <<~ ' ~ _ ,:.y we - ~R r~2~ ` ` `~ _ ,_ ~ ~ of Art and Culture that the City is dealing with, but we are dealing with a building on City property that we own: We might get into a situation where ooe would say, hey, if there was more than one group that wanted to have a Cuban i Museum, corns up with two different names, so you don't have trademark battles, a we will try to help both, have a location in the City, maybe the County would i come up with one or something. Gle could have Cuban Museum I, Cuban Museum If, ~~. or you know, Cuban American Museum, and Cuban Museum, whatever, so the point is, all we are doing here is trying to deal with a City asset. And T am ', inclined to, in view of that analysis, which we have clouded it with all kinds of other issues, including who is right and who is wrong, and whether art that ~{ was produced in a communist country should be sold or not, which is all ~~ . determined by federal law, not by us in any way, and apparently that law is .~. changing, what I am inclined to do, is follow part of what Commissioner Alonso suggested, and Commissioner De Yurre kind of followed up on, and Commissioner Dawkins, and really all of us probably agree with, which is to say, before we ~, throw out the baby, give a period of time, and I heard Commissioner Alonso said thirty... a month you know, and I would be inclined to say thirty days, in which we take no definitive action, understanding that there are some normal consequences of our prior action, and of our legal rights, that is to ~ say, at the end of this month, we are expecting to have that property back in '' j our hands, tendered by whoever it is that's occupying them now - that entity, and those directors. In those thirty days, it may be that by tendering that property back to us, and by otherwise through friendly interveners who we welcome, absolutely no animosity towards what you are doing Dora, I think it's great, and Monsignor Walsh, et cetera, or through other means. There would be something that would show us that there is a viable pluralistic, agreed upon entity that we ought to look at for reassigning this asset that the City owns. j3 Failing that, frankly I think, we could easily do what some of us have said up j' here, and what I have certainly said, which is make it into a child care i center, make it into, God knows what, police mini station, something that ~' really inures to the benefit, not only of the forty-five people who signed that petition, presumably knowing what they were signing, but the six who didn't, and maybe had reason for not signing, and I have heard from some neighbors that say, "Listen, we don't want anything here that is going to ~ create the kinds of explosions that we have seen, literal and otherwise." So the other part, with all due respect of what Commissioner Alonso proposes, I think we have to be very careful with, and I would be totally against, we are not in a position of either setting up an election process, or otherwise telling people, who is supposed to be on a board of a not-for-profit institution. We are not in a position to do that folks, we cannot do that. Legally, policy wise, it's not a good idea. That's not to say that we can't help to lead you in a direction. As a Commission, we have a public policy calling here to try to keep this community together, and certainly three of us up here at. least are Cuban born, and we have a particular interest in the Cuban aspect of this museum, although I think the other Commissioners do to, and I think the entire City has an interest in the history... Pauline is here nodding her head on behalf of the Countywide interest in the arts community and. this facility, which had many great exhibitions, and has been a source of ;` great inspiration to many people. My proposal would be to take up the first half of what Commissioner Alonso suggested, say we take thirty days. `In'thoae thirty days... I am also agreeing with Commissioner De Yurre that, we are not suspending what we understand to be the automatic execution of prior action. - We are expecting to get that property tendered right back to us, keys and everythii,g, end thirty days from now, maybe there will be a community-wide, ` ~: f agreed,upon effort to have the City reward the lease to this facility back to ! a. Cuban Museum. If not, I would be inclined to go on a totally different ~'} direction with that facility. _ ~? Caauniasioner Ae Yurre: Mr. Mayor. .7 Mayor Suarez: Yes. ~~' Commissioner De Yurre; For the record, because I think we all have an interest in the museum surviving. And J.L., I think, half jokingly suggested that a member of the Commission be involved in some process. I wouldn't mind +~t s].S being involved in trying to make this happen, and you know, l ,just want to ,o~fsr myael~ to both groups to try to organize an effort ghat we can both ;, 1iv~ with, as far ae both groups being here, and trying to make this happen Y- ;;, during themanth of April. ~-; Mayer Suax~~e~~ iiK, ~: x, `' ~~ t~~tGh' 28, 19~i {_, ~~ R~ _~...~.. ~~ Comn-issiofier Alonso: Yes, Mr. Mayor, let clarify some of the points that Y made before, and I think there has been some misunderstanding. Let me clarify. My intention of talking about thirty days, was with the intention of finding a final solution to maintain the museum. I think once we take possession and I think we have every right to take possession at the expiration of the lease, because the property belongs to us, and I think it is a very negative precedent if we don't exercise the right that we have, something that we already took a vote in this Commission several months agd, and we must continue it in that sense. I was hoping for a position from the group who has possession now, prior to the expiration as a proof of good faith. They have come forward with suggestions that they found appropriate in their eyes, with good intentions as to finding a solution. Obviously,. we haven't seen that as a middle of the road solution. I don't think the other group will ever agree to that. I don't think that even in total, the group that is in possession ie in agreement with that suggestion -at least, what the newspaper published. So, I don't see many other avenues in this problem that we have in front of us. Still in our hearts, we love the museum and we would like it to continue. What I'd like to see is, that we take possession of the property, but we don't take any action in making a decision. We want it to be turned into a day care, we sell the property, whatever we want to do, not to take any actions as to see for a period of thirty days after we take possession, because that property belongs to the City of Miami, and it should be back in our hands. I was hoping for some move from the group who has the museum, that would show to us that they care enough as to give it up, in order to maintain the museum. That was my suggestion. In a friendly base as to say, well then, we tried one last time to give them the opportunity to find a solution, and perhaps come to us, from them to us, from all of them to us, with a suggestion that perhaps we can accept and issue a new contract, and we allow the museum to continue. That was the intention of my motion. Mayor Suarez: OK. Commissioner De Yurre: Mr. Mayor. Mayor Suarez:. And there was a little bit misunderstanding that I want to : ' clarify, because we may be able to come to an agreement on the mechanics. of thus,- but I don't want to... Commissioner De Yurre: Let me ,just add. I think as I am envisioning this. '^' situation, I think that if I am allowed to work with this, that we would have - pretty much what it is, a judge going through the process with two attorneys 4- of jury selection. Where you know, each one would start providing a list of people that they would feel comfortable with, and then, cross-checking any objections until we can come up with."X" number of individuals that bath sides can live with, and they feel comfortable with, and that would create the new system. F Mayor Suarez: Sort of like an arbitration process. The problem with it of course,: is that it's a Commission involvement even... it's to the highest.. degree. It's almost more than the idea of an election somehow supervised by this Commissioner. Both of them really involve the Commission a great deal, ;, and I .caution :the Commission in that sense, but the idea of one of us volunteering as you have done, to be part of a process of conciliation, I a think, is note. a problem as much as the implication that we can somehow be an integral part of selecting a board of directors to run a not-for-prof it '' entirety, using a City facility. That's a scary part. ~~ _ Gommissionar De Yurre: No, and I would like to get some direction from the ~! City ;Attorney, because in no way would I be in any voting f ash ion, or ` anything. ~~ ~ ,- Mayor Suarez: Yes, and I mean not just legally, but as a public policy 4 ' matter. For us to get into that business is really problematic. ?.f Mac, Fernandez: Yvu can volunteer, but whether you are accepted or not, by one. ''' group or the other, or both groups, is a subject matter for them to decide,. Bocauee this-Commissl.vn has .no powet ox jurisdiction to using the item of -: l~ndlpx~d/tenant relationship to involve yourself in their internal affairs, cr ,` in t#~eir internal/external. affairs. Aud so, the Mayor ~s very correct ;~ making the ~bn~rvaton th+~t this Commission should not concern iteel.f with ~r~a~ bapper~e -er~~h the ~~~ity, I understaed Commissioner AiQneo'e position `' being one ~.= aekin6 the: Cohan Museum of Art sad Culture as f4rthcomins as they ,;. , ~~ Ma~o~ ~~, 1A~1 ~° ~ ~ ': ~~. _s _ __ .._ -~ _~.~.. ~... _ _ ~ ._.... ~,._~.. ... a `' } _.: .. are, with a recommendation to find a solution at the last hour, whether in '~ feat as part of their goodwill, and in making... and coming forth and trying to find a solution, they are also willing to offer peaceful surrender of the t, premises as it's found in the lease itself. And then, she is providitxg it, ~- the pray I understand it legally, is an opportunity for a period of time during ~ , which the museum will remain intact, perhaps, unoperational or operational, _~. that remains to be seen, during which period of time, the same thing the Mayor ~ had suggested earlier would happen. gxcept the Mayor suggests that the pity i takes no action if peaceful surrender is not made immediately, and the Commissioner is demanding it up front. r. Mayor Suarez: That's what I am glad you clarified. And that's the wrinkle `• thaL• I would propose to Commissioner Alonso's idea. So that in the effort of ~•~ trying to get a voluntary tender of the. premises, we also act in a ~; conciliatory manner, although we are definitely sure that we can take back possession by eviction proceedings. It would take awhile in any event,. and I { think thirty days in which we say, we will not take legal action to enforce that, we would hope that we would have it tendered back to us, by the way... Commissioner De Yurre: No, Mr. Mayor, let's make it clear. My position is, we continue... - Mayor Suarez: I know that. Commissioner De Yurre: ... and... _ Mayor Suarez: You want to make sure that on April 1, if they have not given } _! back possession, that we continue with legal action. Commissioner De Yurre: That's right. i; Mr, Fernandez: Correct. - Mayor .Suarezs Right. But I .hoping to try to get a consensus of the ~ Commission and maybe,: my view will prevail on that which is as stated by .the ~ City: Attorney, that we not take action for thirty days, beyond-what we have ~; already. taken, which is what we have said, the lease expires. Folks, we are entitled to have possession back. We expect to get it back in a nice voluntary .way, and. if we don't have it by the end of thirty days, we will take whatever action we deem proper. In the meantime, in those thirty days... , , Commissioner De Yurre: Well, Mr. Mayor, it's been... ''"t! Commissioner Alonso: Will it weaken our legal position to take possession of ~;,, the ,property? .Will it weaken our gosition in front of the court in any way if ~- we allow them to stay .for thirty days over the date of the expiration of the '<~ lease? ~t- Mr. Fernandez: Yes. Because you are in fact waiving some ofthe conditions of the contract. And my recommendation to you... ~;a ,. Commissioner Alonso: So, that's important to know, Mr. Mayor. r V ce Mayor Plummer: There are two points I'd dike to inquire.. ;~{ ,. Mayor. Suarezs I'.m not sure that I agree with that legal position, but I have ~~' e` to,recogriize that you are .the City Attorney, and I am not. E ~ ~. Mr,, Fernandez:....Yes. ~, I,i;i - f=.~ orney, ce ayor. r, y am a MayQx Suarez: Mr, a . n e ess ere. i.- ~:-: ~ehat.cond~.t~,gas would a regal basis be? - when a lease.: expires it expires, `' What would be-.the legal grounds to go t9 court as to...? I don't understand, ~, ~~: ~ }, _ Mayor Suarez: could you olarify that? 'i; ,,, Comsa~ts~,s~a,ex' ~llaus~os -You have to evict the, .. ~' . .w ~ MrR FerAgt~~B~s ~ '3fee, The .Florida legislature ae well ats I believe the other `:~ f,~rti-~x~lne:~.-stags i~ the ~JnlQn, lava foussd that foreibl~ tak~pg of poas.ess~on :, . balk of ~tmq grataise-s ,is sgalti~t batter pr~.nciples o€ eon. , %s? r- .. '_, , _ it ~~~~~ ~~~~ ~~~~ - ' ~ ~~ ~r§ - ~t= " ` ., ~ ~ - --- T ) M Cit Att t h d r Vi I l M ; d ~ t ~ 1 Vice Mayor plurnmer: forcible is understandable, and that would have been a year and-a~half ago, which you advised us not to do. Now, today, it is Ap.ri1 1st... Mayor Suarez: No. Even when you have a clear right, the courts have interpreted that you have to give all kinds of procedural... Mr. Fernandez: Due process, and you have to follow the legal proceeding. You know, it's ~ way... '~iCe Mayor Plummer: OK. The second point I wanted to make... Mayor Suarezs But that doesn't take away from our right to get possession bank. It's just the mechanics by which we do it. That's all. Vice. Mayor .Plummer: Of course. I don't understand. You know, when your lease is up, gout lease is up, that's it. OK? Now, the other point that has not been discussed here today, that had some discussion before and I want to continue, is that we were told by our City Attorney, that the lease that is presently there was far from being clear cut as to what was the City's position in matters ,relating to this. And I for one, am not entering into any kind of a contract until the City Attorney has drawn up anew lease regardless. of who it's with, to make the position of this City, crystal clear as to what is going to'be, if anything, in the future. Because obviously, that which the vehicle which we are travelling under today, as you have indicated in the past, is not that clear cut. Whatever we do in the future, if in fact we do anything, is going to be completely redone, and made crystal clear, so. Mayor Suarez: OK. Mr. Fernandezs However, this lease is very clear as to the termination clause and the expiration date. Mayor Suarez: All right. And really, as to the public policy aspects of what it is that we would go into after this lease was completed and presumably, possession-taken back,-as much as the City Attorney can help us with that, it is a public policy decision that we have to make... Mr. Fernandez: Correct. Mayor Suarez: ... Do we want to go into another museum? - do we want to go .into something else? - do we want to-put out for bids? - do we want to,just ~~~ ~. sell°it in the market? I wouldn't mind at all selling it outright to someone s' ' else. But... and- by the way, I am told that it -is 'zoned GI, which is ~ government .institutional. It is proper for a museum. I had that'quesbion, and I posed it to the City Building and Zoning and Planning folks, and that's ;: the answer that-I have gotten, so there is no... ~, ~:_ ? , ", Vice Mayor Plummer: All right. The only question that I have remaining... - `! ~ Mayor Suarez: We could of course, change it back to residential, I suppose. ,~ Vice Mayor Plummer: The direction of this board is established and .in fact, tai tahat is going to: be followed, and that is April 1st, the lease is... it's ,-` over. `I Mayor Suarez: Yes, that's what I was going to get to. - ~j ~ ~ ` + .. ) ~ ~ ' ' that's... Vice Mayor Plummer: OK, Now, ~- ~~~;! ~~ F Mayer Suarezs We are at a juncture here. If I may state the situation Vice ~' ~ ` k~apor and then you go -ahead and tell us how you want to proceed where if we ~~ },,:„ take no action whatsoever, the lease expires, presumably, you gave ~ ;t, ~; instructions, I think you've understood, Mr. City Attorney, to make. sure that ~;~ ~_ eve take legal action to eaforce that. ~;,; .;. r ,,, . ; ~: '. '`' Mr. ~'~rnaadeg: ~ Corz~ct, _~ ~~; ,; Mayor Suarez: -That's if we do..'nothing today.. I# we follow a proposal to dive ; ~ ;`.~ ,, a thirtp datl- pex'l+~d s:f times, bagfnning from the tender back Qf pos~eseis~n, ' ,~ th~t~s one ihterssting i,dea- proposed by Cot~ai.as~oner Alons4, the. Athsr one ~s `, ` to Slue thirty d~aye ~.n whioh there ie so legal a+~tion, e~sept the autosAatic ~ ; ~ r `~ r _ ..'.. p_ 241 #~~!~~~/~~, ~ Q~ .. . A „_ ~.'.. _ ¢~. a~~' ~~~ ~..~ ~ -~~ - '. ~- t : 4 expiration of the lease that we deem to be the case, that's my idea. Kither away, we have to either not take any action, in which case legally we avi11 ~ proceed to evict I suppose, if they don't tender... e Mr. ~'ernandezs Correct. Mayor Suarez: ... or we try to provide a thirty day period beginning to run either from tender. as Commissioner Alonso proposes, or from today as Y propose, either way. - = Vice Mayor Plummer: All right. My question remains. Assuming... my vote is `~ ~ going to be to let the lease expire, OK? -that's my vote today. Now.,. ~~ ~ ,. ' (APPLAUSE) ~ , - ~ ~, ~ 9'. .. Vice Mayor Plummer: ... no, no, no, please, please. _ Mayor Suarez: But that's hot a vote. That will happen automatically. r~ Vice Mayor Plummer: OK. Now, my concern then is, April 2nd, are the doors - locked? - the electricity is turned off? - or is there going to be an - administrative caretaker? What is going to happen on April 2nd,. is my consideration for my vote at this particular time. I am fully going to vote +: " that this lease expires, if for no other reason that anew lease, regardless of what, or who with, would be by the City Attorney, crystal clear. That is without question the way I am voting on that particular aspect. Commissioner Alonso: You already took a vote on that. .~ ... Mayor, Suarez: You don't have to vote on that. If you do nothing today, .the '~4 - lease.. expires. i Vice. Mayor Plummer: OK. I guess maybe, what I am saying is, I am not voting .~t~~ on anything else. That's where I am at. Now, the second point... ,. Mayor Suarez: The .important thing is to try to clarify through our Manager, 1 ~ _ and our City Attorney, and to the community at large, what action you wish to { take if the lease is not tendered... if possession is not tendered back to us ~' on April 1, or April 2. t, ~! ~ - Vice Mayor,-Plummer: If it is or is .not... OK. That's not my question.- My . ~'- - question. is, assuming that it is tendered back to us, whether it's by the j- = courts, or by the goodwill and benevolence of the people who would like to see ~; ~ this -thing saved for the .community, What happens on April 2nd? Is :.this ~ Commission going to eay, "Hey, staff, you. o in .there B , you take possession ~' ~: ~, . , you, keep the. doors open, or you. keep thedoors locked?" -what. happens to the ~;~ ~~ assets that. are there? And that's what I would like to know, what would be ~~ J=: the determination_of.this Commission today. ~' ~. _r Mayor:Suarez: .OK, Mr. .City Attorney. ~ . ,~ Commissioner Alonso: May I make a comment. -~~ -~ Mayor Suarezs Yes, Commissioner Alonso. ~!_ ~., ~ i, E-' Commissionez Alonso: The way z understand this to be, and. City Attorney, and ~ City Manager, correct me .if I atnwrong, but I believe that all that we own is ~. ~ ~.~ the building. What is inside is not ours. Is that right? ~~- $; '. - Mr, Fernandez: Correct. ~.'. '~ `• tax'. Odin: That is correct, ~~ ~ ~, _ f - Con4mioeit~aer Algt~s~: So what happens after they vacate the pr,~mises, is we ~~ get an empty building.. In my beak, it means the museum ie dead.. That's the ~t ; Way I se+e.~t. ~revided some other group,. starts a new museum, that's aaother a `~; story, but as ;far a$ Ibis location, it's finished, ~' x: -,z Ca~nissiomer Ae Yurz'es qtr. Meyo~r, ~, ; ,.:~~ Mayor Suarez: OK. ~~'e not.., ,~;, ; ~~., ,: ~~~ .-_ _~`; t ~ ~ ~ ~ rh V `i ! - ~4a~ch TK 1~ ~ ! ! ~ ] .. - f -. ~ ~ - -- -, .: - • ' - - __ ~ - -..- ~. r . _ -mom _. - -- _. _..- - .. f J_ ~ n . ~_ _. • 7 Commissioner Alonso: And that's what we have to understand. My position is, we a11aw it to continue, we take possession of the property, but if we could save the museum, f think it will be the smart move to do. if not, life gees on Vice Mayor Plummer: We11, you know, let me... Mayor Suarezs dK. Commissioner De Yurre, and then we need specific proposals here, so we know what action to take. We know what's going to happen if we dori't take action] the lease will expire, the City Attorney is instructed to take legal action... - Vice Mayor Plummer: Well, that we know, but that's not my concern. Mayor Suarez: No. And you were asking about mechanically, what happens in the premises if in fact the lease expires, who is in a caretaker position Presumably Commissioner, at that point, either they would give back to us the premises in which case we have to lock the doors, et cetera... Vice Mayor Plummer: But let me get on a legal basis... Mayor Suarez: ... they could take their possessions out, or they refuse to do that, in which case your... at least Commissioner Alonso is proposing, Commissioner De Yurre is proposing that we continue to take legal action to _ evict them forcefully from there, and take whatever legal measures. Vice Mayor Plummer: OK. The day that we take possession, OK? I would rather see it closed for ninety days, rather .than closed for a lifetime. And that's the potential. Now, we don't have control, and we are not supposed to according to the City Attorney, interfere in the inner actions of that board. But isn't-it Mr. City Attorney... Mr, .Fernandez: Yes. Vice Mayor Plummer: ... that within that ninety day period that it was closed; that as I think, the Mayor said, different groups can make proposals to this Commission and we can accept or reject - ' ~ ~- ;: Mr. Fernandez: .Yes. That would be correct. ~ ' Commissioner Alonso: That was my proposal, but I thought it was not in i ~ agreement with the ... ~: Vice' Mayor Plummer: Well _I think what he is trying to .caution us is, is not { to get involved in .the internal of any group period. OK? That's what he is , i' ~ ~, trying to advise us. So, if in fact they came before this Commission, they ~ ;. _ whoever they,.. there might be twelve different groups who wanted to make 7` i' -~, proposals to this Commission, this Commission can accept or rejec t any ~' proposals, or we do nothing.. But I would rather see it closed for a period of - ninety days, lock the door, nobody has possession of it except the City, and ?; =~ ~` then let 'the groups come forth-and say, "Hey, we have a board of directors, here they are, here is the way we would do things, here is the way we would _ o state ~ attd Cit ..Commission n P , y , you either accept our proposal or reject it. I ' = think that's... ~ =~. _ commissioner Alonso; Well, I made that proposal, and I said thirty days. I ~}_ ~,~ ~~ have no problems in saying, I make a motion, and I say, that's exactly what we ail _; ` doh :and -instead of thirty days, let's do it in ninety days, and people come ~;i = forward with proposals, and a new lease. `t, s, i ~~~ Yice Mayor Plummer: Miriam, OK. The only problem that I see that would- be ~`! ~~ remaining controversial,. as I asked the question before, to go to a vote I ~; ; ' '~ ~ .. th#.nk would. be the controversy ali over again. What is Little Havana? Are , ~~' ~' ys~u going to deny the Latins of Flagami? ~ 1 ~~ Mayor SWarez; Well, she wasn't suggesting that just now. Commist~+~aer Alonso; No, no, no, and I was not talking about an elect~pn, ~I ! ~ A was talking iu pxir~ciple,..theyget together somehow, how they d4 it, I dQn'~ '. ~;. care, to te9.j.. yqu the -tit# ,,., -;,< r:: j a //~~Vy ~}C.M r~ayo~ ~Sum~pex~i 7V*?1 t _ ~ ... ~ - - ~} r. - `. '.- ~ _ _ r - .. - ~ ~ • Mayor Suarez: Yes, that would leave up to circumstance, and... Commissioner Alonso: Some way in which you come to us, and I say, this is my proposal, and then a hundred people would come with proposals, and we select the best one. That's all. Mayor Suarez: OK. May I try once more, and then I am going to make it into a form of a motion so that we can get a sense of the Commission.. Let me dust _ argue ft very briefly and see how you want to vote on it. It follows almost { everything that's been said, with only one minimal change. That the motion would be, that for the next period of time... if you want to make it thirty day, sixty days, or ninety days, but I would suggest thirty days initially, we - simply instruct our City Attorney to take no legal action, and let the lease expire by its own terms. In the motion, would also be the encouragement, as '- stated by Commissioner Alonso which I think very correctly, that we get a tender back of the premises, meaning not dust tendering by letter, but `e actually the keys, et cetera, possession delivered back to us. We would be _ caretakers during the period of time in question for the artwork and = everything else, understanding that we would not be beginning legal action to evict. during that thirty day period, and then see if. at the end of those thirty days, we have any better handle on what this entity, which is the Cuban Museum of Art and Culture, would have this Commission do with the premises. - - ~ :~ _ r Vice Mayor Plummer: Is that not a tantamount of an extension? Mayor. Suarez: That's what I... I don't think so, but the City Attorney has cautioned me that we may have some waiver of rights. But the mere fact of not ~• - initiating legal action for thirty days, I mean, you... ;' Vice Mayor Plummer: We11 hopefully, there will be no legal action. ~` .. ~. ~' _ Mayor Suarez: Right, that's the thing. Vice Mayor Plummer: Hopefully, on April 1st, everybody will have vacated the ' premises., ~, Mayor Suarez: That's the thing. The mere fact that we say, save our resources for at least thirty days, you know, from today. It doesn't even have to wait until the whole month of April actually.- '- ,., Mr.-Fernandez: You know, it is a matter of legal discretion on the part of ~ your City. Attorney. working closely with. you all, as to-when- I file the eviction lawsuit, if one is necessary. So, on that sense, there is no need ~: for you to officially, on the record, take a mo±ion... ~. - ~ 3 i. Mayor Suarez: Well, but we want to do it as a message too.. ~'; Commissioner Alonso: But the problem is... ~ ~:, Mayor Suarez: That we expect the tender... +i Commissioner Alonso: May I make... } ~~ t t, Mayor Suarez: ... that we expect people to work out their problems et cetera. .. ~ ~ I = Commissioner Alonso: Mr. Mayor. ~; :: ,~ _. ~w# ~. ~' Mayor Suarez: Yes, Commissioner. '~; Commissioner Alonso: ... dust a clarification. You are talking about i.; ' . receiving ,the keys: and everything, so we don't have any eviction to do,' ;•' ~ _: ~ fir:: , ~ ~~ ~ Mayor Suarez: Tf they do that. ~.! ~ i -''~` . Gc~mmissionsr Alonsos I~ we tQOk possession, because the y gave it to us. That is,., ~~ afln't have to face any legal battle, ;: ~3 ~ ~~ Mx. Farnand~~: .That is Comm~s~ipner Alonso's position all along,... ~` .~ ~.' , ' ~ 1 Ma~~kt ~S, 1941 ~ ,~ , 1 i e c~:= ~ ~ Mayor Suarez: But if they don't, t would not aunt to begin legal proceedi.ngg rif eviction within those thirty days. Commissioner be Yurre: Mr. Mayor. 4 yiy i i ~r `# Commissioner baa~kins: It's already legal to evict. They come out on the 30th anyway. Yice Mayor Plummer: That is the policy of this Commission already. Mayor Suarez: A11 right. Commissioner De Yurre: Mr. Mayor. Commissioner. Dawkins: That's the policy. _ Commissioner Alonso: Yes. _ Mayor Suarez:. If I hear from my colleagues that they are not going to vote {. for that, I don't know if I ought to make the motion, but let me dust make it `~- anyhow, and I'll so move that... - Commissioner Dawkins: Well, before you make the motion... ~- _ - ,6 r = Mayor Suarez: Yes. ,{ Commissioner Dawkins: ... can I get one thing clear Mr. Mayor. i , - ~' Mayor: Suarez: Yea, Commissioner Dawkins. ,~= - ~ Commissioner Dawkins: If you allow the paintings to remain, who is going to ~ bup-the liability insurance to insure these paintings? Because some kind of a way, I do not want the City of Miami liable, because we say we are going to - take possession of the building locked up,-and the -paintings disappear, OK? ~ So now, :make sure that we understand that taking possession of our building is not taking possession of the building and the paintings. ;; Mayor Suarez: Goode question. In either case- of: the proposals made, one `` having, to _do_with possibly thirty days. without legal. action, the other-one ''- - have to do with as much as ninety days in which we begin legal action, try to ~` get possession, might get it, hopefully, would get it, the question arises ~~, = 3 what happens if paintings are in, the; premises when we ultimatelq get possession, and insurance of those paintings and artwork. What is the answer g to-that Mr., City Attorney? - in two words or less. ` ~{ ~.' Mr, Fernandez: It's all a question of insurance, and. then it would be a i= .j ~~ function of either the group who is tendering... surrendering the possession +~ -~'`' ~: in; hope of an agreement, will maintain insurance or.., ''' a~ Mayer Suarez: <Msintaining.;insurance? ~ ~ ±' . . .. ;_ e , ; ~' Mr. Fernandez: if the City agr es, which will be ill advised in my ~ ' . opinion, :~o sake.possession awaiting some resolution, the City will.: have to acquire proper. insurance.. .. i - Mayor Suarez: When you say that you would not recommend the City taking ~j. ~j ~,. . passas~ion:..duriag; this period . of time, what alternative; .would there be ; if vie ~ ~1 "' . fallow either of the motions that are before us? At some point, we may end ug ` ~~ ~r -. with the doors bolted and we have possession. ~3; r _~ _ ... :. klx. k~srnandaz: :Well that..,. possession with paintings inside, .,; , i ~;r; _.,. s, ~ Meyer Suarez: Well,. we don't knave that. We don't know if-they would have ~~ ~ r ~ . .. ra~;t:Y~s~. them ar net,: at that point, = ~~ ~ ~-~.ae Mayer ,~~.ummert Walk,., but:. hexer: again,. if thdy, surrender the lasso as wa [~, !~ ,, , hope they ~-i11 da Qa: Aprl~l lst. , , - y Meyer Suaxaz: Tb+sy wou~.d 'praaumabi take the artwork. Y' '" - -~ ~ 'y-k~ca <~aya.r ~luaaner~ . , , aid w®, ~.a oui~ wisdas~ a~.low these tea ~.aeve tl~air ` p+~eaassia~~ thee, and not f4rca ; thi~m to move them, t~ atAx~e them there es ' ~',~ ~ ~ , -A13G~~ they ~4P~u34~ h~v~ ~~4 ~~~ ~~~~t ion ~ t?~. , . ~ ~ ~ ~ ~~ - 7 _ ~ • t .. v- j j I j{~ _ SL..- • ~ Mayor Suarez: Insuring them. Mr. Fernandez: Sure. Vice Mayor Mummer: .., insuring them, +- k a r- 3 Mayor Suarez: OK. Tn my motion, I'll build that into my motion. That if., during that thirty day period that we take no enforcing action to evict theta: 'They in fact, tender the property back to us, possession, keys, et cetera, - they would also as a sign of additional goodwill, agree to, if they leave the paintings in there and artwork, to insure it so that we wouldn't incur any additional liability. And that would also be a precondition of the continuation of that thirty day period. And I would- so mnve~ Yee, Commissioner. Vice Mayor Plummer: There is a motion on the floor... Commissioner De Yurre: Mr. Mayor. _ Vice Mayor Plutamer: ... excuse me. There is a motion on the floor, is there. a second? There is a motion on the floor, is there a second? - Commissioner Dawkins: What's your motion, Mr. Mayor? Mayor Suarez: To gave a thirty day moratorium, for the lack of a better word, in which we will be expecting that the property would be given back to the City, and an arrangement worked out for insurance of whatever is in the premises, until we see if there is a united front here for continuation of a - Museum of Cuban Art and Culture in the premises, thirty days from now. Vice Mayor Plummer: Can I simplify that Mr. Mayor? - if I understand. Mayor Suarez: Yes. Anything that you can do to simplify at this point, will. be helpful. +. !~ Vice Mayor Plummer: That if they surrender the keys peacefully on April 1st, ~~; we will give them thirty days in which to remove all items or not, and they ~~ {' wily assume any liability for .the storage of those articles during that period j ~~; s~ of thirty days. ~i: e 4. - Mayor Suarez: I would have no problem with that. ;r - ys~ - - ~ f - - t Vice Mayor Plummer: OK? ~~ ~~` ~. ~' Commissioner Dawkins: Further clarification. Mr. City Attorney. ~~ Mr. Fernandez: Yes, sir. °~ ~~ Commissioner Dawkins: What are we doing? We already have a court order, or ~~_ whatever that says, the lease expires April 1. :, ( ! Vice Mayor Plummer.: Correct. Mr. Fernandez: No. ~; Commissioner Dawkinsi Which says, on .April 1, you assume the occupancy of • E~ : ys~ur building. Mr: Fernandez:' No, no. Pardon me, Commissioner Dawkins.. We do opt have such ~_- court .order: Ali that we have is a lease between the parties, betweea~ ut3 and the Cuban Museum... ~T~° ~:. _ Commis~iosaer Dawkins s Right. ~~~ ~ _ Mr.Feraand$s~: ,., wheys we have mutually agreed that. they wiil, ups~a ; ~ expiration, ].a~tva the px~smises. That's all we have. , . r ~° Commiae~.pz~er Aawk3.nBZ' Then. es of tPdsp... ~'.. ,, . . •~~I }etrnandes~s }~7i• ~ M. ~)~ . .. ~ 'i ; ~„ ~.i ~ ~,; ~~ - Matck~ 29, i49i . _ ~ .~;~ z. , ,. Commissioner Dawkins: ... if they demonstrate that they are not going to leaete the premises as of April 1, as of this date, do you go to court] so that they know April 1, they've got to moue? Mr. Fernandez: Correct. Those are your instructions to me, and t shall do so. Commissioner Dawkins: OK. Well see now, J.L. Plummer, and the Mayor, got me confused because they are saying... I think I hear them saying that, do not do anything until April 1. Vice Mayor Plummer: No, no, no. Commissioner. Dawkins: And then April 1, if they have not surrendered the keys, they bring you the keys, and then they've got thirty days to move. I need clarification. Vice Mayor Plummer: No, no, no. I said that if they surrendered the keys peacefully on April 1... Commissioner Dawkins:- Yes. Vice Mayor Plummer: ... that we allow them to leave their possessions there up to thirty days at their expense, and at their insurance, period. In which that thirty days, this Commission might or might not take some other action. Commissioner Dawkins: OK. I cannot support the motion. I could support the motion- if you say, that as of today, they. give us a letter saying that peacefully, we will vacate the property, and that we then, having given you your property, now, on April 1, we will sit down and peacefully, between all fractions, find a solution. I could support that. Vice Mayor Plummer: Well, that's basically what I am saying. Commissioner Dawkins: OK. Well that's not. what I... I 3ust need to know what I am hearing. ~~ second time, is there a second? Commissioner De Yurre: Seconded. Seconded for discussion purposes. Vice Mayor Plummer: All right. There is a motion on the floor, for the Vice Mayor: Plummer: There is a motion on the floor. Seconded for discussion by De Yurre. Under discussion, Commissioner De Yurre. Commissioner De Yurre: Now, the understanding is, and basically the way it's going to work is the following,. and if that's not the case, please clarify it. April 1, we get peaceful possession of the. property. .Vice Mayor Plummer: Correct. ', Commissioner_De Y.:.irre: Getting peaceful possession of the .property means, hat 'there is a 3.~_~irty day window open for both groups in this community to '~ work together, to come upwith a viablesolution Vice Mayor Plummer:- Wrong. It would be a thirty day period for any group to come before this Commission, is my interpretation. Any group to come before this~Commission and make a proposal. We are not excluding anybody. I~ not, you are-going to have to go to the revokable permit process. That way, if you allow everybody to rime in, it doesn't exclude these two groups. But you have tp ppen it up to all,.. I think legally, we have to do that. r,, , -Mr, f'ernandez: Yes. If -you intend to give,.. °~' Vice Mayor Plummer: And if you don't, then you are under the force revokable 'hermit, - :: ~om:aisait~ner ~e:Yurre: Hold i~. ~: }` Mr. f'ex~namdsg~ I~ the. pext instrument that .you intend to enter iata with '' svhomaver is a le~:se, you mill-.have to ~o through a regular px'+~cla~'+~tm~~'t ~ethQd ~: ~. wk~ic~ requires, ~s~v~:teti+~z~ f~~' 'bide, end, . , z ~~ Nar~h 28, ~~14~ a .~ ~ ~' ,; - !. ~ ,. . ,_ 4 1 ~, Vice Mayor Plummer: But we've got to choose a group if we can, one o£ the groups that make a presentation to surrender it to you to make a lease. Mr. Fernandez: Yes, That goes without saying. Commissioner Tye Yurre: No, but... -~' "~ _ ~_ Vice Mayor Plummer: I would not vote at this time for dust these so called, if we can corral the two to two groups. Bemuse I think there are many more here than dust two as it stands today. And I think legally what we've got to do, is open it up to all groups, and then this Commission will decide if we want to choose one of the groups, and if we do, we will then send that group to the City Attorney for the negotiations of a lease. And that's my understanding. Commissioner be Yurres Well, let's take it another way. Vice Mayor Plummers Sure. Commissioner De Yurres If we are talking about with proper terminology, an extension of the existing lease... Mr. Fernandez: There is no such thing. Commissioner De Yurre: There is no such thing. Commissioner Alonso: We are not talking about... Mr. Fernandez: This lease cannot be extended. Commissioner Alonso: No. Mayor Suarez: I was. couching it as a moratorium on legal action for thirty days. By the way Commissioner, the sticking points still seems to be, what happens if on April 1st, they do not tender possession? - and my motion is that we still continue the thirty day period without taking.... Vice Mayor Plummer: No, no, no. Commissioner Alonso: No. Mayor Suarezs That. is my motion folks. Commissioner. De. Yurre: No, no. .Vice Mayor Plummer: Oh! I'm sorry. Commissioner. Alonso: That's why you perhaps don't have a second. Mayor Suarez: Th~it is my motion. Yice .Mayor Plummer: That.ia his motion. Mayor Suarez:': Well, if it doesn't get a second... well, it did get a second, so.it.'s under discussion. Commissioner De Yurres Then, I withdraw my second. - Mayor Suarez: I would... you can move, you can make a substitute motion. I _ wanted $ thirty `day moratorium on legal action, in the hope that they would . voluntarily tender, He wanted a wrinkle of thirty days from the..dayof the tender, if a tender is made, where .we would allow-them to continue in -tkte -` pre:giaes, protect their artwork, insure it, et cetera. .That's.-the motion, ~, , ~':.` Yice Mayor Plu~aers Excuse me, Procedurally... :, E. E Coamnia~ei9Aer pawltinss You're the chair, you have to wait unt17. everybody else flniehes, ~; '' V~.ae Meyn,~ Plwmaer~ yrocedurally, the second has been wit~dxawn, ~ will hew Lek ~o~- tl~e t~~,rd and .f~nel ti~Re, ie _these a second to the ~aot~i,aa ~f ` tt~e _~ 1._ May4z9 ,,, ;- ~. :. ,.'~ ;: ;~; ;,, :.: ~9 - Commissioner Dawkins: Second for the point of discussion. Vice Mayor i'lummer: Commissioner Dawkins has seconded. under discussion, Commissioner Dawkins. Commissioner Dawkins Mr. Mayor, explain your motion again. Mayor Suarez: A thirty day moratorium on legal action, in which time we arouid hope that they would... that the group that is now in possession would tender possession back to the City, as we think that the lease provides, and that other avenues of collective, concerted, agreeable action can be found to keep a Cuban Museum of Art and Culture in the premises. Commissioner Dawkins: Is the thought that by extending a thirty day moratorium,.. and this is merely my words, that the three or four groups-that are. working together now, could come up with a solution that's acceptable, and it would continue to operate. And if they don't, at the end of the thirty days, everything goes down the drain? Is that the. ..7 Mayor Suarez: That's the basic thrust, yes. Commissioner Dawkins: That's the basic thoughts. -I'll second the motion. Vice Mayor-Plummer: All right, the motion is new seconded. As I understand it, let me clarify for the position of the chair. The Mayor's motion is, that if peaceful surrender is not given on April 1st, that a thirty day extension would be given for the purpose... Mayor Suarez: Thirty days from today... Vice Mayor Plummer: From today... excuse me. y@~, f ?i a ~i ~~ Mayor Suarez: Thirty days from today to moratorium on legal action. ~~ Vice: Mayor Plummer: OK. Let me clarify... let me try again. The Mayor's ~~ motion is, that if peaceful surrender is not given as of today, that a thirty ~I day :extension would be granted from April 1, to May 1. Is that correct, Mr. `~, Mayor? Mayor Suarez: I meant, thirty day period beginning today. It's not that much ~ ', different,- because it's three days difference. But I do want to clarify that ~~ it is not an extension, it's 3ust simply a moratorium on legal action.- We think '- we have- the° right on April 2nd, if they. have not surrendered premises, ~' to go into court. I am only asking the City Attorney to take thirty days fore that. period... for that process in the hope that we can have a conciliatory proposal here-before us, within the next thirty days. 'i ~i { Vice Mayor Plummer: OK. Is there...? , # Commissioner De Yurre: Discussion. `~' Vice Mayor Plummer: Commissioner De Yurre. j ~i Commissioner De Yurre: I do not see what an extra thirty days is going to do to a situation for them. They have no reason then to .give us the property; on April lst, because they automatically have another thirty days. It cannot... t (APPLAi~SE) r, ~~ --y~; ~otosassioner De Yurres The only way that this will work during a thirty day ' ~~ period is basically, that they know that the clock is running, and i# thsy f':~: donst°work something out in that thirty day ,period, they you know, we are very ;i ~ ws3.l is a position to just take this property and'do something alas with xt; a _~' +tud fit' a bben cost. ;, ~ ' ~1{{ -:"- Vice Mmyor.:Piummsrs Is there any ;Eurxher discussion on the motion ':oa the '';~- ter' door? ,~ :, ~ :` _~.;; .., ~.`'- . Conomiesioner Aionaos We~.l, y~:~, I have soma co:lunents. € .~ -:z, ~ ~.._ Y~c~ Mayor :~~.umcner: Cos~ni~~~o~~~c ~l~n~n. ~F ~.. ~ ~ = `~' '` ~~ ~~~o~ 28 iQ~,~ i ,~,- , ~; ,~ , ,~ ;mod: ~~ ~q ~; ~- Gi ~ - Commissioner Alonso: How about adding, if they were to turn the museum to the City of Miami as of tomorrow, on voluntary basis,.. Mayor Suar+ex: The premises? Commissioner Alonso: The premises to us. Then, we will maintain the property for thirty dAgs, looking for a permanent solution? Commissioner bawkinst That's your.., that's an amended motion? Cotnt'niseioner Alonso: Yes. dice Mayor Plummer: Say that... state it again please, for the chair. Commissioner Alonso: OK. The group that is in possession now will turn the property to us tomorrow. Then we will keep the museum as is, fora period of thirty days, in which time the different groups can come to us and present proposals, ahd we will make a final decision, and then the museum will be-able to continue as it has been in the past, a museum as it is. But the selection will be made during the thirty days. But they will be showing to us that they care about the museum enough as to turn the museum to us prior to April 1st, and allowing us to maintain the museum, and open for suggestions in the community at large, and then we make the final solution - this is the group that will be in charge of the museum. Vioe Mayor Plummer: Is that to be an amendment to the motion, or a substitute motion? Mr. Fernandez: It would be a substitute. Vice Mayor Plummera I'm asking the maker, please. Commissioner Alonso: Well, I'll like to see it as a substitute motion, because otherwise,' I don't think how we will be able to adjust the.., the only thing that we will agree is giving a period of thirty days. 'Vice Mayor Plumme:re A11 `right. Is... ? Commissioner Alonso: But I think we have to take possession, regardless. = Mayor Suarez: I think it has to be a substitute motion ~, ~~ t 1 1 yy4 t i f.- { J ~~: ~, =; - Commissioner Alonso: Either-because they give it to us tomorrow, or we .take ~' ~' it bylaw. It must.. '~ ~ ~~ -Vice-Mayor Plummer: Excuse me, is there a second to the substitute motion? ~~ First. time. Second time, is there a second to the substitute motion? Third r~ and final time, is there a second to the substitute motion? The substitute ~; -- motion is now declared dead. We are back to the original motion. ,_ i ~ Commissioner Alonso: Let's put it to a vote. e ~; Commissioner De Yurre: I'll make a substitute motion which is basically.,.. = f - sl Vice Mayor Plummer: Commissioner De Yurre. - ~,~: -• '- Commissioner De Yurre: ... what Miriam has been alluding to. Bute my ~~ s! :, subst~.tu~e motion is that April let, if there' is peaceful surrender ~of the ~ ~:~ . property,- that" there be a thirty day window within which to receive, 3' "' ~~- hopefully, a proposal that will save the museum. ~ ,. '° i• Vice Mayor'Plummert is there a second? Wait a minute, you can talk after Ism '-' ~~; finis#. - -~ls--there a second to the new substitute motion by Commission .11e f s Yurre, fine time? ` is `there a second tQ the substitute motion? -• second tine, ~_ mot, ,Is thence a ..seoQZ~d to the substitute motion? ~ the thiz~d time.. ; We are ncv~ ;- ~y~'" back, declared 'dead, and on the original motion. Is there.. any furtt~dr . ~ ~- ~'s- discusaioa on tine original motion of Mayor Suarez? Hearing note;-°cal~. tie ~ xol l ~~.- ? p'ernamdezt` Wi1~. the ~~~cy +~~.erk read ghat caption sg~in, n~tn~ s~ ~~ay ':; x:- ~13~~t~t~te~i please, tP make ears that the .record is perfectly cle.nr, . ' ~ ~x,f. „- : .,. ; ;. ~ ? _- _ i~ ., _, - S ~ - ~ - - - - ~'~_ .~ T i Vice Mayor Plummer: Help his aging memory. Ms. Matty Hirais That there be a moratorium of thirty days to give them a Chance to surrender, and hopefully, within which time we find a solution to the problem. Vice Mayor Plummer: Starting as of today? Ms. I#irai: As of today, yes. "" Vice Mayor Plummer: Right. ~,. ; Mayor Suarez: Surrender possession. I mean, the idea that they Nava tb surrender period, is a bit much - dust possession. Vice Mayor Plummer: OK. Is the motion understood? }_ ~o ~. Mr. Fernandez: And for the record, 3ust to make sure that the word moratorium ` f is not properly applied here, it should be forbearance, and it's by way of a i' i motion to the City Attorney to forbear doing what he can legally do. ~ _ Mayor Suarez: I accept that wording, yes. ` t Vice .Mayor Plummer: Am I glad you put that in there. Mayor Suarez:: So we don't waive any rights. 'i ~ ~ p } Vice Mayor Plummer: Oh my God. That's why I pay you high prices.- Call the roll. - ON .MOTION DULY-MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER ~ DAWKINS, THE-ABOVE MOTION FAILED BY THE FOLLOWING VOTE: . ; ;, ~ AYES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre J} ~~ : Vice Mayor J.L. Plummer,. ,Jr. ~ ~! Commissioner Miriam Alonso ~ ®_ ~ ? '° ABSENT: None. COMMENTS MADE'DURING-ROLL CALL: qF ~" *Vice Mayor. Plummer: Thank you for not making me .the deciding vote, I vote no. e; - - COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: All right, let me try, OK? I am going to make..... ~! ~ ~. Mayor Suarez: OK, We are back to square one. ,,, f; ! `~ ~4 Vice Mayor Plummer: Yes. it Mayor Suarez: Vice Mayor Plumme l 4~ . r. `f •- Vice Ma or Plummer: I am y going to make a motion that on April let if ~' ~,. ~,.;, _ , : peaceful surrender is given of the pxoperty, that we allow the-,.present } ~'~_" occupants to rs~ain in the structure, as storage. of whatever assets they have ~- ,, ~~ there,. and i am going to make it for a period of silty days, because I don't ,. th~ak thirty is reasonable. At their: expanse,. they. will indemnify and insuxe ;.; ~ ~ sll of the assets that are there, and that hopefully, sometime during that " ::~" - period " Qf tires, -different gxoups will make proposals to this. Commission fox' ~ . ~ s;y • potential se$otated lases, I'll make that in the form of 8 motion. , ~ ~ . r liayor Suarezi OK. ,. Tha understanding of .that motion so that Ccmm~,s>~ionex ?~; ~_"°; Dawkins I think, would be satisfied. . :! 1 _t,, :: - ~otsnnis~aianar DawkiASt l'oiant of clarification, 't'.- :, . ~~ _n , . ~~..,' ; ~: ~; ~,~ _ ~~' ~ - ~la~ch ~~, 19~-1 ~_ ~ ' ~ .. ,-y__= , ~... ~ ..- j.. ..~ ' -' - ~= -- ..t~.. dgt-k ' y ~- Mayor Suare¢: Yes. `, Commissioner bawkins: Point of clarification, OK? Vice Mayor Plummer: Yes, sir. t Commissioner Dawkins: The Mayor made a motion, and T second the motion... Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: ... which said that there would be si~tty days with which. to work. ~,: ` Mayor- Suarez: Thirty. Commissioner Dawkins: Thirty, no. Thirty now, and thirty .later, OK~ Am.I _ right? You said, there would be no act ion. taken for thirty days, and at-the _ end of the thirty days, we take legal action to go forward. Is that correct? ~ Mayor Suarez: -I really intended to say thirty days, period. : ^~ , ~- Commissioner Dawkins: OK. ~_. - Mayor Suarez: -But,-.the problem is, if they didn't tender possession in those ~; „_ thirty days,-I intended to take no further legal action for thirty days. Theq want to make sure that on April 1, if possession is not, given back to us, legal action begins. s s-'. '' Vice Mayor Plummer: And I said... and I stipulated Mr. Mayor, because anew lease must be drawn up with whatever party might be the successful party. Because the City Attorney has told. us time and time again, the present lease is not clear. So, the only way I know that you can have anew lease that is crystal care, hopefully, is by the giving up of the present lease. I don't ~ want to in any way, extend the present lease beyond April 1st. ~, ~ Commissioner Dawkins: Where does the thirty... sixty days come in? I'm ;~- confused. ,. Vice Mayor Plummer: Sixty days allows them to store their assets there, simply as storage, at'theircost. _- Mayor Suarez: Asauming'they'give us the key? ~ ~a Vice: Mayor Plummer: Excuse me? {f. Mayor Suarez: Assuming they give us the key,. they give us possession. ~~' Vice Mayor Plummer:.: I said, if they give peaceful surrender of_the.key. . '` ~'~ : - ~ Commissioner Dawkins: But I thought. that the intent was... ;, - ~~ Vice Mayor-Plummer: Mine is under no circumstances an extension. ;r Mr. Fernandez:. Mr. Vice Mayor,.point of order. ~ ~ Commissioner Alonsor In what capacity is there? ~ ~ ~ ,{ ~ xi! Commissioner Aawkins: No, no, no, wait. After I get point of clarification, " ~ ` qou-know, I'll state the point of order. ~ ~ ~ ; Vice Mayor Plummer: No, no, storage. Simply, storage. The doors are locked. ,~~ Mayor Suarezs Yes, that's a mechanicai proposal for storage, ysa. ~ ? Vice Mayor Plummets That's correct. ~ ~ ' Commissioner Dawkins; All I need Mr. City Attorney, is for soa:ebady to tall L.. `° .: tpe. that as raf_,April 1, you're auppQSed t4 t+a~Ce possession of the px'ope.rty. ,., ~:~ ~ _ ` Mr. Fernandsg: Correct. ~°: - ~ ' _ _ '.. E4. ^. . o A ~l~s R wy i.' , ,, j ., i r ~ ., ro~ ' _ __ _ ~ ~. ~~ -~ Commissioner Dawkins: :.. and now I hear, don't take it on Aprii 1, but thirty days grace period, which is May 1. Is that a correct assumption? Vice Mayor Plummer: That's not my motion. Commissioner Dawkins: Hey, let me ask the City Attorney. Mr. Fernandez: No. What we are dealing here is with two concepts of possession. We are dealing with a concept of formal legal possession which is a statement on the record, as well as in letter, in writing of the resolution of the corporation, and giving keys to the City. And those, all those symbolic transfer of possessions would be sufficient. While at the same time, giving them the opportunity to store, to allow them for a smooth transfer to another premises if necessary, and that's different. So, you could have possession... the best type of possession to have, is to have lock, stock, end barrel, simple, clear, straightforward. What I understand this Commission is struggling with, is the concept of, if peaceful surrender is made on April p 1st, being courteous, and being considerate, and trying to present a more... you substitute--the words for a period of transferring out, or perhaps, during ~. that period something could be worked out, so that they can then eventually under anew. name, or under a new organization, under new bylaws, then resume ~ or continue with a new lease. Commissioner Dawkins: OK. Let me see if I can't bring this to a head. . Because I see everybody up here is straddling the fence, in my opinion. OK? -~ So now, let's fish or cut bait. Either they. are supposed to give the property '_ up on the 30th, or they are not, April 1. Mr. Fernandez: Correct. Commissioner Dawkins: Is that a correct statement? Mr. Fernandez: That is certainly correct. Vice Mayor Plummer: Commissioner Dawkins: the City Attorney. Vice Mayor Plummer: My motion says, they give it up. All right, wait a minute Mr. Plummer, let me talk with f Oh, I'm sorry, I thought you were asking me. ~" Commissioner Dawkins: No. I'm not asking you, I am asking the City Attorney. ~ OK? Now, it's the City of Miami's property, and the lease says that as of April 1, .they vacate the property. Is that right? ~a ; Mr. Fernandez: Correct, sir. s`- f Commissioner Dawkins: Now, you do not have to give any extensions? - you . don't have to o throu h an thin else. that... but take ;' g g Y g possession of pour property on the first, is that correct? ~_ Mr. Fernandez: Correct, sir. ~s °j Commissioner. Dawkins: Right. Now, I make a motion that we don't do nothing, -~ and that as.of the first, the property becomes vacant. Now, that's my motion, s, ±~ so that we can get out of here. _? ~! ~ . z'r Mr. Fernandez: Which is states quo, and there is no motion necessary to y~` ~ effectuate that, because that already, you have in f act decided that on the r' ® - record. 7:~ j;, '` Commissioner Aloasos We already took a vote on that. r; Mayor Suarez: If we did nothing at all today.., -t; ~., ~ tax. Fexaaadezs That would be the case. ~,., ;; Commisaioa~or Dawkins: No, we don 't do anything. _~< F'. ~~ Mr, Fsrne~ndez: That' s xght, -:-.~~_ tea. ~,~; Coma~ias~ictn~sx~ ~~.o~tsp; We ~oa't do anything that's... ~:. . 4Q Y. , ~;, ~~ ' _' -~, ..~: ~. ~Ia~eh ~$, ~9Q1 4 1 f s- i +x - 1F • • Mayor Suarezs .., it would be roughly,.. Gbrnn~issioner Dawkins: Ali right, I make a motion that we don't take no action, and go to the next item. Mr. Fernandez: Correct. Mayor Suarez: A11 right, but we have a motion... that would be:.. Vioe Mayor Plummer: Excuse me, my motion preceded his, and I am still waiting for a second, or not. I am concerned... Mayor Suarez: OK. On a motion which is basically to proceed with a,l deliberate speed to obtain possession of the premises, and that if possession is tendered voluntarily on April 1st, a sixty day period will be implemented for caretaking of the premises...:- Vice Mayor Plummer: Storage. Mayor Suarezs .., for which period of time... Vice-Mayor-Plummer: Storage. Mayor Suarez: ... storage, the current... well, the corporation, the Museum - of 'Art and Culture will be allowed to store the paintings, artwork, in the premises at their own risk, and with their own in~;urance. All right? Vice Mayor Plummer: That gives a transition period. a a Mayor Suarez: And of course,-that. would give sixty days in which we would get y. proposals, et cetera from the rest of the world. ...Commissioner De Yurre: I'll second that motion. . ~. ~' ,. Mayor-Suarez: So moved and seconded. Any further discussion of that? From ;' ' _ ~ the Commission, .any...? ~~_ ~ ~. j 1. Commissioner De Yurre: And the understanding is, if they don't give it up ~~' April lst,- we proceed with our... that's it. ~' l` Vice Mayor Plummer:- Exactly. ~ :i: _~ Mayor Suarez: Is there a clarification that I can hold you to, Margarita? <~'i,_ 1 ' Ms. Ru z: All I want to ask if, they are paying for insurance,-does that, and ; i;_ ~` I<guess that's :where the... if they are paying for insurance... ~. ~' Mayor-Suarez: T-guess he is... the implication of your question before ou've Y ~~ asked is that; by allowing them<to pay insurance on those sixty days that '' _' would not prejudice our position, because.... f1. -; Ms. Ruiz; :.Not your position, the fact that the... ;' t- ~ Mayor Suarez: .., the assumption is, we have the-keys,-and we have-possession ~~{ ~'' at that point. . Vice Mayor Plummer: They protect their own assets.' ~ ~' •~~_ '~ fact that we allow them to protect their own asset$ in to th -~~ ~. ~ p there should no pre udice our osition. xs that a fair statement? ~,~ .. ~ ~ ,,, Mr. Fert:andaz; ~ Yes, it is. However, you know _ , you can obviate ail of>these fix, ~ ~` votes, -and I understand that it may be too direct and confrontationai: of a ~~, ' . question, but there are certainly euffiaient representatives of the ex~.sting ' $~rQUp~ im ' ~lece here who -oth'erwiae, have bean empowered to -make ~ertsin ';E ~a.1 repr4setttations hers before. Ail of this can be obviated by`getting from them ''~ ~ ~~ a;etatem$nt'Qn the r~cord'as to when their intenti9ns are come'Apr1 let; `- _ ,` . HsyQr ~uaraa: ` You erg r~Bht. ~ aseu:as ,that by the feat that they have not s. ='. r mede~-.:that state:asut, that they aro nQt in a poaiti~n tea tender pAS~raaai~n right new, ,~r ts~ promi,ae p~sseeteion An April 1. if they are in a ~QSitivn tp ~ ; . F` ~~"' 1 _ ~. 'i~ ldarch ~~, 191 ~~ ~~ F. == A ~___ -~ ~: _. do that, we certainly would entertain that statement by an authorized agent of the corporation. You want to respond to that? t;ommisaionez~ Dawkin~a: Under discussion. Mayor Suarez: Let me dust see if by any chance they want to state their position as tb delivering possession on April 1, or before April 1. Tteally, this envisions any time between now and April 1. Ms. Prio: This is a matter we would have to take to the board of directors for a vote. Mayor Sua~rex a OK. Vice Mayor piummers df course. # Mayor Suarez: A11 right. Commissioner Dawkins, any clarifications, or " anything? We can-bring this to... i~~ r Vice Mayor Plu~amer: Just for clarification, whenever we speak of the "LEAVE" '~ we are not talking about beer. ;~ Mayor Suarez: The "LEAVE" means the key, not the so called Llave beer. Go { ahead,-Commissioner Dawkins. ~ ~~ ~~~ Commissioner Dawkins: OK. Vice Mayor Plummer: That's- his attempt to humor. Sometimes it fails, ~,` sometimes it... d Vice Mayor Plummer: .Yeah. Go back to Kuwait. ~~ ~: _# Mayor Suarez: 'Yes. :. .[ ' Commissioner llawkins: You know, I don't know what we are doing. I am i' confused; OK? ~: Commissioner Alonso: You are not the only one. I _ ,.: Commissioner Dawkins: If we are supposed to be working collectively to draw the museum together, then you have to, as you said before. Mr.-Mayor,:-force. ~ ', somebody to make a decision. OK? f'. ~ 'il Vice Mayor Plummer: That's right, ~, _ 'ti'. ' Commissioner Dawkins: And by stringing this. out, and not taking a position up ;' i- here, in my opinion, of saying strongly to everybody, "Hey look, if you don't ;~; get your act together, the museum goes down the drain. And don't blame this ~i Commission, blame yourselves, because you didn't get it together." Now for us i! to sit up here and say that "a" group is correct, "b" group has got to come ' back, and "c" group has got to come back,. you know, we are not doing what they.. =~ ' elected us to do, and that's take a stand. Every vote'-'you make up here,.. you ! make somebody happy and somebody angry. It's impossible to make everybody happy with a vote. So we need to vote and send a strong message that we are ~` in favor of the museum, we want it, but we cannot... when you come back here- t in thirty days, you will have the same confusion that you've got today. ~- 1 ~ is Vice Mayor Plummer: For a defense of my motion, don't let anybody. be `~! misunderstood, that if they don't make peaceful surrender by April 1st, ~~~ ~. nothing else applies but going to court. '~' ~;2 ~~Pa Commissioner Dawkins: but peaceful... that does not alter the fact that we ~: ;r'; need thirty people working... I mean fifteen, I don't know how many, but that ~! { still does not alter the fact J.L. that you've got to have a board. whs. CaA ~~~ ~ - work dollectively far the preservation of the museum. If we axe going: to ; k~,f, ~'! . constantly talk about going to court, and constantly saying, this group, we . ?:'_ t • e ~ , h h ~ l u . place you caa go any but if y u not have Hey~lo©k ~ you- can ga to court, cr~nae ;,, I don t care how they structure it, that can w4xk up with .s board of..,u , ~' ,. ;: collectively together to .save .the nauseam, you have gamed the .community, aad t~Qt u~, and the museum goes down the dzain. _ - - ~2 ~4arch ~~, 191: i _~4 ~,,;. ~,~`. - '~ Mr. Fernandez: Like Mayor Suarez was saying early, we should not concern oursel~ies with internal and external workings of any corporation. As managers of the assets of the City, your only concern is to gain possession of this piece of real estate, and put it to whatever use ultimately you desia appropriate. . dice Mayer 1~lummer: Exactly. i Commissioner bawkins: Call the roll. Commissioner Alonso: But aren't we taking now responsibility for taking care of the possessions of the museum right now, if we maintain that inside. the ~ property? ~ Vice Mayor Plummer: I said, at their expense. i ~ a Cotdmissionsr Alonso: At their expense, but in fact, we are responsible, 4~ because we are taking care of the property, therefore, we are responsible. And if not, would you give me a legal answer on this? Are we responsible in any way since we are holding their possessions? ,~ Mr. Fernandez: Yes. Legally speaking, while insurance policies would show that we 'are fully covered, ultimately, we are responsible, because we do have possession. Vice Mayor Plummer: Only if we neglect it. , Commissioner Alonso: This is too risky for my taste. { -~ Mr. Fernandez: Negligence means, somebody breaking in and stealing, or a burning, or bombing, or anything. All of those items, you know, unless you j specifically find' the culprit... While you have insurance, and you insured, ~ ; "hopefully to the full value of all of that, that does not extricate the City : :~; of Miami from being named in any lawsuit, because it is our premise.. =i , ~t -~ -, Mayor 'Suarez: Well, we know that. But if - .they have insurance, ' at least it ~1 {? reduces the chances that we will ultimately be liable. ~, - _ Mr. Fernandez: yes, correct. ~ f A Commissioner Dawkins: It's not going to reduce anything. The Manager says he F% r(, has no money, so what is he going to pay off the balance with. Mayor`Suarez: OK. We have a motion and a second. Any further discussion? I want to say for myself, that I think we have an absolute legal right to vote ~- favorably on the motion, and I want to clarify that, because I intsnd`to vote '~ against the motion, but I think we have a legal right to vote with the motion. ~ I just wish that we try the more conciliatory approach. All right, ,call the ~ '; ro11, fj,- ,~: ;L 3 ~' ON` MOTION DULY MADE BY VICE MAYOR PLUMMER, SECONDED BY - ~`: COMMISSIONER DE YURRE, THE ABOVE MOTION FAILED BY THE FOLLOWING ~` VOTE : i, j ~ _. , }y: F~ ~` AYES: Commissioner Victor De Yurre ' "~;1 Mayor J. L. Plummer, Jr. -Vice ~ :NOES: Commissioner Miriam Alonso ; [;~ < Commissioner Miller J. Dawkins ;~ ~~• Mayor Xavier L. Suarez. '~' ~_~ ABSENT: None. '~: ~f CpNT$ MADE AFTER ROLL CALLS i ;,": ;~~ ~ t~~yQx- 8uarezs ®X 'fo~.ks, we era back at square, gxound, ~exo, whi~k~ i guava .:; ,. .. ma-an~i'` i~~'the abssnca of a roatior~, that, .: . ;., C, .. Vice Mayor I~1-ar: The pal icy stands. f ~ r . 1~ , ` `~ ,;f. :' . X43 Ma~~~ ~a, _ 1991 ,. `y,, n ., .' .- ~ - Mayor Suarez: ... the City Attorney would continue pursuing the resolution previously passed by this commission. Ali right. Unless any Commissioner wants to get into this again, we will add one... since I allowed her one point .. of clarification, or two -Maria Elena, one for you..- Ms. Prio: I need a point of clarification from you, because we have not been able to ascertain this. On February ?, 1990, this Commission, moved by be Y'urre seconded Dawkins, and unanimously approved a motion, directing the Citq Manager to identify an alternate City-owned location to be made available to a new organization formed by Friends of the Cuban Museum, in order... excuse me, Mr. Mayor. Mayor Suarez: No, let me cut through your presentation. We don't today take any action to derail that, and if the Friends of the Cuban Museum, or the ' .friends of anybody are looking for another site, we would expect that our City Manager, and City Attorney would look for those sites. We are not approving anything,. certainly. ~ ~ Ms. Prio: No. But if I might clarify this from you, things might move ~: quickly along, at least, from our side. And to finish... Mayor Suarez: That did not mean that we were in any way detracting from our other resolution, which was to complete this lease, and regain possession. Ms.. Prio: Absolutely not. But I guarantee this would help. It says, "to begin... for the City Manager to find alternate locations for a new organization formed by the Friends of the Museum, in order that said group may use said premises to begin operations and to pursue the type of goals and objectives which will more accurately project the spirit of what the City Commission intended for the Cuban Museum to be and do; further directing the City Manager to report back to the City Commission not later than February 15, 1990." I have received information that that offer was made and that it was ; rejected. -Can you confirm that for us now? ~ i'" ~~ Mayor Suarez: I don't think we need to handle that today, unless any i Commissioner wants to, but your remarks are noted in the record. Maria Elena, what we pursued at that point, and how it turned out may or may not be is relevant to pour, and anybody else's opinions of what actions we took today, but I don't see the particular relevancy of that, unless any Commissioner , needs to ask any questions about it. OK? . Ms. Prios I figured it is relevant Mr. Mayor because I believe at another f: j, point in time, an alternative site was offered, and the result of that is" ±: relevant. Mayor Suarez: Well, we are not into alternative sites today. We are dealing today with that particular one where the lease has existed up until... ;; Ms. Prio: You cannot answer for me, what has happened in that regard? Mayor Suarez: No. I don't, but I strongly suspect that you can get that ~ information from the Manager, and if you can't, I'll make sure I will give it to you. ~ Vice Mayor Plummer:. Mr. Mayor. ~ iF ~' Ms, Prio: Can we request Chat, please? ?~ ~~' Mayor Suarez: Yes, absolutely. In fact, I want it for myself. ,' ,f {`; Ms. Prio: Thank you. ' Com~aissipner Aionso: I'll like a clarification of that too. ,,; ~_~ Mayor Suarezs Commissionex Alonso. ;, -, { _. -:., Com~-iasioner Aloaso: And I would like that the Clark provide to me, the ,. , . ~~ nforsaat~.on, kiy recollection is that, at the time that mctipn was tna~e, ~ ~.;,, voted against it. ., Msyar ~uar.~~s ~PK. And Vice Mayor Plummer. ~ ~i '~1. .,f ,~= ,S ~.Y ~. ~ ^~~ ~ia~'ch ~~~ ~QQ~ }. s.; ~ • Vice Mayor Plummer: Mr. Mayor, would it be appropriate that this Commission, assuming the positive, the positive being that we do take possession April lst, let it b~~ known to the community that we will solicit proposals by different groups. I still think sixty days is more reasonable, but if thirty days is the answer, that we will submit... accept proposals, let's say, up until June 1st? Mayor Suarez: And we defer that until we have thought it a little bit more. The City Attorney and the City Manager might have all kinds of ideas of what other things we can do in that site. Vice Mayor Plummer: OK.- I am ~uat saying that you know, I don't want... Mayor Suarez: As a message to the community, we certainly would contemplate this particular use in the future, other uses, I guess. Vice Mayor Plummer: OK. Mayor Suarez: I will contemplate other uses too, by the way. Child care, et cetera. Vice Mayor Plummer: All right. Mayor Suarez: Things that the community particularly has been urging us to do. Thank you everybody, thank you Margarita. F i Mayor Suarez: Counselor, we are going to get to you real quick. Maybe you can get to West Palm Beach wherever it is that you have to go. Unidentified Speaker: All right, I've already been fined. Vice Mayor Plummer: Mr. Mayor,. your office was made aware of the request of item 8, by the Latin Quarter group that they. wanted to defer that until the j Z afternoon. ~. _ i Mayor Suarez; Which one? 11 i Vice, Mayor Plummer: -Item 8. i. Mayor ..Suarez: Item 8. Commissioner Alonso: What happened to eight? ~' ~; Commissioner De Yurre: So about 4:30 p.m., after. 4:30 p.m. Vice Mayor Plummer: The Latin Quarter, they have asked to be deferred until. `' 4s3Q p,m. Mayor Suaxsz: That's fins, Ws w 11 do that if nobody has any objections.. ': ~. 1~QT~ FOR THE..~CORD: At this point, Agenda item 8 was `~ .deferred until 4:30 p.m. _ i ~ • J ,f Mayor Suarez: No thanks. Please, Ofelia. Please, everybody, 'W'e need to take some other matters up. OK. Mr. Edgar Sobo, could you help us ease the people out sir, since you are such a helpful guy, .and Mr. Martin Perez, or whoever is back there, yes. OK. Congratulations, and commiserations all around. B. PERSONAL APPEAF2ANCE BY VERONICA NAGYMIHALY TO PROTEST ADMINISTRATION'S UNDERSTANDING OF CITY COMMISSION ACTION TAKEN CONCERNING LANDSCAPE REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME AT 2500 N.W. 22 AVENUE bEP`ERFtED ~0 NEXT MEETING FOR FINAL CONSIDERATION. Mayor Suarez: Hopefully, if we can cut through this Nagymihaly versus mental health facility issue reasonably quickly, but not so quickly that it would dust be back again. Mr. Norman Malinski: No, hopefully not. Mayor Suarez: All right. I don't see the other side, or are they here? Is there another side? Mr. Malinski: We are. Mayor Suarez: All right. Mr. Malinski: We've been talking fora number of days for the other side, but they are not here. Mayor Suarez: Did they have notice of this, counselor? Mr. Malinski: Yes. Mayor Suarez: Presumably, the County... is it the County, technically...? Mr. Malinski: Yes, the County. Mayor Suarez: ... or is it HRS, or is it...? Mr. Malinski: It's the County. Mayor Suarez: County, Health Department, or... anyhow, go ahead. Mr. Malinski: Yes. It's Human Resources, but the County Attorney has been ~~' .advised, and we have been in contact with him. Mayor Suarez: At the appropriate time, the City Attorney will tell us if we - have to further advertise this matter as a public hearing. for ultimate t resolution, but -hopefully, we can take at least intermediate. resolution. Maybe, you can convince us to take ultimate resolution right now. !; {. Mr. Malinski: Yes, hopefully. Good morning, my name is Norman Malinski, my - ;' office is at 25 W. Flagler in the City of Miami. I am here on behalf of the +I proponent of the Nagymihaly family. Unfortunately, we were here someweeks !~ ago concerning a controversy on landscaping and masonry walla ad3acent to a facility being built- by the County- Human Resources Center. We were { challenging the'issuar-ce of a temporary certificate of occupancy because the plan which supposedly was agreed to on November 7th or 8th, had not been fulfilled. At the time that I appeared before you, the end of January, Mayor Suarez asked if we had a copy of the plan that we sought to have approved. The plan which would'have been requested from the archives at Building and 4 Zoning was missing. I had a plan available which I indicated, and the minutes ref tact, ~ showed the Commission... 'si . Mayor Suarez: Yea, I remembered, if we may cut through this, and the City ,''<, i ,Attorney is now tailing me than possibly, we may not have to have a pub~,ic '` hearing. 1 remembered that wk~at you ro osed to us was basicall p- p y t~s prior ~getch to ~vhi~h wae' the one `that quote, unquote; was agreed upRn by b~atll ~~fi{3e~ to which Vioe Mayor plummier added some modifiGatiQn~a on suasQAry :wall ~. being ~~tande~, et cetera. That was basically the_two things I xeme~nhered '~.. ta~~Mg ~~~M~~ J ~~ Merch ~8, 191 t" ,, ~T ~„ Mr. Malinski: Correct. Yes. Mayor Suarez: If in fact, the City Attorney did not properly reflect that in ~ his resolution... Mr. Malinski: Correct. Mayor Suarez: I am told that we can right now reverse that, have the proper resolution... ;~. Mr. Malinski: That is correct, and that's what we are here for. „ ' Mayor Suarez: ... approved by this Commission. Maybe, the City Clerk, and - the City .Attorney can draft it for my signature today, and we may be out of this for a period of time, anyhow. { : Mr. Malinski: That's absolutely correct. Mayor Suarez... - w - _ -.f: ~' Mayor ..Suarez: Are those the two components that we approved that dayl It seems like those were. _~ Mr: Malinski: Yes. What happened was very simple. When I had the plan that Ms.- Nagymihaly is holding that is not on hard board, that was the only plan ~ ,, ~` available in the room at that time. Y Mayor Suarez.: .And it ..was .kind of like put up here. on a tripod, or whatever. Mr.-Malinski:- Yes. And we-said. repeatedly, Ms. Nagymihaly did and I did,. that the plan that we are looking approve, is this plan without the green ~~ markings, on it. ;-.And Commissioner Alonso, you said, "I understand," Mayor g~ Suarez, you said, "I understand,"... Mayor Suarez: At least, we thought we did. ~~, ~~ Mr.. Malinski: And that is the plan that we wanted approved. Mayor Suarez at s•~ ~_• ~ the end, before the motion was moved, you said, to Mr. Genuardi, "please sign , ~ ~: the plan." , ,,. .. ~S# ~°1 ~ ~~ ~ Commissioner Alonso: Yes. f~: ~ ~ Mr. Malinski: And we said again, the plan does not contemplate the green ~ :: markings. Mr.--Genuardi signed the plane. When the .City Attorney's. office ''- ~ ~ drew the resolution, they drew the resolution which contemplated .that the , ~ Commission had approved the plans with the green markings. That is not only not what we wanted, that is a plan specifically rescinded by the Commission +~ .that day. a ' ; E ;- ~ ~ Mayor Suarez: That's what we thought, yes. t ~~ ' r ; M . Malinski: .That s what we thought. ,; ;; , :# ,~ Mayor Suarez: So, now, what was it that you think we did, and that we think i -' ~I that we did then, so that we can take the proper resolution now? '~f ~, _ _~ }~ ~ Mr. Ma~iaski: What we would like done is, we would,lika the plan:that.is,.. z -~1 } : ' Mayor:.Suarez;Wall, don't state it: that way. -Say what.. was. it that we hought _ F~. we did, so that yve can now d4 it rightly... ;~; ,. ~' Mr. Malinski: OK. If I may.... ~ ~' ,:~ .: M~Xe~' ; S~are~ s Don t. sa what ' y you want ups to do, because that sounds like we ,. ~° ~, are going to a whole new sphere of deci,z~ion making here. ~~ } _ Mr, Malinski; I thought as of, .. `l 5' 1. ~ Mayas Suareg: Naw, you need a mike, aounaelor. ~ i . ~ ~, y. - - Mx. Malinski: l thought that the pian the ~Commisei~n had discussed and ,: ~: ~. ~~ ~~ Mare ~~,, ~~9i 1- y~,. ~: -- i ` ~= -~. .. ~ ~ ; enema _ _ _ _ _ Ms. Matty Hirai: excuse me, this one you can take this one. Mayor Suarez: We gave you the mobile one. Mr. Malinski: I thought the Commission's discussion and approval waa of this pisn, which is this one without the green markings. I thought that, that waa what was approved. Mayor Suarez: Yes. Why don't you stick to the prior exhibit, because the City Attorney is informing me that we would need again, public hearing notice if you start with new exhibits. Mr. Malinski: OK. Meyor Suarez: Work with the old one. Mr.- Malinski: The prior exhibit, which is the one with the green markings, the approval that was sought by the Nagymihaly family... Mayor Suarez: Right. ;3 Y r r ~- s 1 ~: Mr: Malinski: ...which was granted by the Commission, was of this plan 1- without the markings identified in green. It is the plan as sketched by the -_ architect. Mayor Suarez': OK, -now the problem with what you just said is when you say, without the markings identified in green, every tree that you have there with ;; the exception of a few, are green. You don't mean the trees. You mean - ~ notations in green? Is that what you mean? Mr. Malinski: That is correct. If you .look at the notations... Mayor-Suarez::- What do the notations say, so that we know what we're not agreeing to? Mr. Malinski: The notations...- ' Mayor Suarez: Is that-the markings that you referred to? -the notations, the words? - ' Mr. Malinski: No, the... „ Commissioner Dawkins: The writing. ,,;:- Mr. Malinski: Go ahead. f ~. Mayor. Suarez; The writing. Thank you. See, that. gets me back... That's why '': 1 we need an educator here. ' Mr.' Malinski: (3o ahead. i`- Mayor Suarez: Simplify this. (s tF Ms. Eva. Nagymihaly: I'm Eva Nagymihaly and if anyone... ~i ~~_ Mayor Suarez: Lawyers will always complicate things and educators simplify. ~a `Me. Nagytaihaly: ... if anyone knows this plan any better, it would be tne, -~~ _ because I've. been-working on it for two and a half years.. And this with the " ~; 'green mar~tings was the one that was called the modified plan. s~ I' }.+, ~ Mayor Suarez: Please don't call it the markings. Markiags seem to be ills . treee,'everything-else that's-green there, ~t ~ ~ ~; ` ° : .. Ms: N hal s l ri h bu a i 1 g t, t it... 4K, this... gym Y A ~,~ _ : . - ~1j r - ~'JayQ~r Suarez: The words? -is that it? ~~~ , ~ Me. Nagymihalys The words, but aa. „ yes, the words and the circles, .. • i ~ Mayor- Suara~: OK, what would .that have 'indicated? -those circles and thou ~, '. .. ~~ words, that we'rd euppoead'to bs leaving cut now. <. , f k, 4~ ~t~rah ~$, ~~~~ ;, ,. .. : ,. _ ~ I, f ~ ~ ~tf y -{tom'-: __ - , ,. Ms. Nagymihaly: A11 right, this would have indicated the modified plan, the E r~ - plan that we would have accepted on November 8th, But we did not accepts ~ because the County did not follow what they were supposed to do in it, and it _ was rest:inded, by the way, with your resolution at that time, 90-910. So we rescinded all of this. Mayor Suarez: When was that? When was 9b-910 not... Mr. Malinski: The same date that this entire appearance took place. ` Mg. Nagymihaly: On January 24th. ~_ Mayor Suarez: All right. The very last time we handled this issue. OK, so ~_ what we meant to do then. is to get rid of -any instructions on that exhibit j that are either in writing or with the green circle back there, and otherwise ,_ n Accept the tree planting scheme, the wall, and everything else. Wasn't there r~ome wrinkle that he added on the masonry wall being extended? ~ . 1~ Mr. Malinski: Yes. !, ,: ~ ~~ Vice Ma or Plummers Yes there was a y > question in reference, because this is _, not acceptable to the County, by changing of the wall, and-that was where the j whole thing came in, as I recall. ;; Mr: Malinski: Correct. '_ ;~ , Vice: Mayor Plummer: There. was a difference like, L don't.-know, ten or twelve ~~ housand dollarsand the. cost of the wall. ;~ t Mr. Malinskie Correct, Mr. Vice Mayor. Your opinion and .Commissioner 1• Dawkins' opinion was that aluminum fences tend to walk away, especially-in ~; ' this neighborhood. And we were concerned that- the masonry wall be placed f` ~} . f there. That was the other portion of the discussion. The original plane, if ° you were, o.delete all of the. writings on this plan, is in accordance with- what we've .talked about, which has the masonry wall. ~ ,. ~~ _ - ' i! ;~ Mayor : Suarez: OK: what-about thee: wall? It's very simple terms,.what are we ~,, _~ s! supposed to modify that plan in our, resolution, as to the .wall? ("! :~ Mr. Malinski:- To provide for a masonry wall, as originally provided on in the ~~. un-modified plan. r~. -~~ Mayor Suarez: Thank you, that's all I need. And the rest is as depicted in f - ~~ shat 8xhibit, which has.., still have Mr. Genuardi's signature on it? i' -- ~~ Mr..Malinski: It .has his initials, I believe. Joe, are these your initials? :- _-~ Mayor- Suarez: 0K, why don't you xe-initial it, Mr. Genuardi, with today's3 ~, ' date. And the rest is by resolution eliminating, and by the record Ff, ; eliminating the circling of the green areas there. 't -, -~ Mr: Malinski: And all of the hand written. . ; # Mayor .Suarez: And markings in green, other than the trees, which happen to ~ ,~` _1 also.-be in green. Thank you for your great color scheme. ~,~ _ _ Commissioner Alonsoi Mr-. Mayor, I really,... °~ i~~ t;t Mayor Suarezs Commissioner Aloneo.: `~~ ~, ~,.: Commissioner Alonsos ...think that it's about time, since this has come to us ~:~ ~', ,. $o many times. And it's becoming a system in the City of Miami, and at least j ~ ` this Commissioner is very disturbed to see that cases like this repeat itsei~. ~~'• +~ -. people come in ~ front of us, it takes. us a long time to make a decision. We ''; f' i'intally think that we have made the .best decision possible. We 1~s3lievs ~ ;; h:- everyone uAderstood what we meant. Everything was clear enough. ~veryons in ~,< -s; s agr¢ess-Attt or vory disappointed, but we decided that's-the 4vay we wanted to ;go, :+; ~. 'W#y~ WQ ' s~s~g this o£toa enough= ' It> continues to .come back to us like no ohe ~ '` ~ " 1 i~ the world unde~etopd what we meant that the dpn t ~ollo h . fi ia n t i~~truct~,ons~ that we gnus. - ~hi:3 . is a was3te -~f time anc~ to ma thin o i. ~~ ; • -; ~si~ to ths3 ~eA~ie ihYOlved. It'i~ sot ~aiir to the ~~ty o~ Miami. es a whole. ^ ~.. ~.. ` } ~~ Ma~ah ~~ ~ 141 ~ ~. ~~ . x : _ t~ = _ . ,~ it's ~ ovaste of money, time, and it presents us as people who are. riot efficient. I propose that whenever we take a vote, the people in charge be certain theq understand what We mean, and make it very clear on the record sa that we don't have to come back, Because right now they are coming with things that I have a vague recollection. I know that I demanded to have a hbncrete wall because I felt it was::: Mayor Suarezs Masonry wall. Commissioner Alonso: ...important for the project. Magor Suareza I remember that. Commissioner Alonso: I remember I insisted on the trees, but little details, }J to tell you the truth, I don't have recollection. So if you're asking me now to give a vote in something that perhaps I'm going 3ust to go the .opposite ?~ direction of what I did before, it puts me in a very"difficult .position. And I don't like to be put in this situation, and I don't think it's fair for the people here in .this Commission, as well as the general public. - ~~ Magor. Suarezs I agree. I agree, and Madam City Clerk, Mr. City Manager, 'r Madam City Attorney, exhibits, we have to formalize the process. If a resolution makes reference to an exhibit, you have to formalize what exhibit we're talking about. Let's number them, let's sign them, let's put a date on ~`• them like you do in court. So folks, we don't later have to argue about what exhibit was being referred to. And it would help, Mr. City Manager, if the Planning falks and Building and Zoning folks, as the Commissioner- is a i intimating here, would not gust necessarily rely on their particular '- rendering, but would come up with our own version of what it has to look like ~'~ ~` for us to accept it as an exhibit - and to be able to work off of it, whether ~` ~ it's on cardboard, as opposed to that piece of gaper, or both or something, j whatever.. You know, the overheads, L've been complaining about the overheads, Commissioner Alonso, for I don't know how many years. The overheads are the ~ most confusing. in planning .and zoning issues, the most confusing maps of cities that I've seen in my entire life. You've got these zones overlapping ;~`' each other, anal these color .codes. .And nobody understands.- Please, let's 1 i give us the ability to work with these exhibits a little bit better, and ~' _ formalize a; process as complex and. convoluted as ..this has°been.- Now, as to }~ today, I will entertain a motion that we do what we thought we did before. ,, Which is to say, approving the scheme represented by that exhibit there which ~ now-has been marked-and signed by Mr. Genuardi, with today's date, ,that you:!re ;` holding up, counselor. It's a blueprint and have deleted the markings and the 'i circling back there... ;` Miriam.Maer, Esq.: Mr. Mayor... ~;~ ~~;- Mayor Suarezs ...and also incorporated the masonry wall as suggested by the Commissioners, Commissioner Alonso, Plummer, and Dawkins. Yes, Commissioner Alonso. Angthing-I'm missing there? Commissioner Alonsoe Mr. Genuardi, did you sign this exhibit that we have in '' front of us? I have recollection that it was a big issue about Mr. Genuardi's signing-it. Would you walk to this exhibit-and check. Did you sign.it.befors or did you not? ,; :: ,t _ ~.~ Mayor Suaxezs Is there your prior signature? ~ - Mr:. Maliaskis Yss, 'there is. ', ; j a~ ,`t ~ Mr. Josegh Genuardi; Yes, yes, that is the plan that I initialled on Janusiry ~ ~;} 24th, yT , ~ Commissioner Alonsos Did you? ~ ,, `~~' .,,~ . 1~ - ~r• Genuardi: :.Yes. '; ;, ~~, Comm~,r~sioner AiQneos Then that's the right exhibit. ~'; . fir'' - ktsyAr Sua~sg t ,t~td hava you .now sigz~asd 3t tAday right? ;; . ,, ,- w ~ s, Genuardi: ~+d I've l:ntialad ~t today, Yes. ,-_. ~z; ~;f ... ~.. ~~ „- .: _, .. ., .: ~,.:' y. a ,. ,. ~~ ~a~ch Z6, 19V~ ; . y- '' ~ j ~ 1 ~~ ~ ~ ~ ~~ : s 4; , K, -, - . - z - - ~-: __ _ ~ _ ;. '. Mayor Suarez: Thank you. Commissioner Alonso: So all that we are doing is we reaffirmed what we did in - the last Comn-is:~ion meeting. ~: Mayor 3uarezs Exactly. Whet we thought we did, and that the resolution did hot reflect. So, we're also rescinding the resolution as such. `Vice Mayer Pluniirler: Mr. Mayor, may T inquire of the administration... Mayor Suarez: Vice Mayor. Vice Mayor Plummer: Mr. Manager, did I hear correct that the County wa:~ made aware,©~ this public hearing today? - ' Mr. Odio: I understand that they .were not. That this is not a public . ,r - hearing. -: i Ms. Maer: It's not a, public hearing. Vice Mayor Plummer: I'm sorry. i' - Mayor Suarezs Wait, wait, wait.., Ms. Meer: This is a personal appearance. ~< _ Vice Mayor Plummer: Were they made aware that this matter was coming before E thin Commission today? ' ,`; Mr. Odio: Yes. Vice Mayor Plummer: Then I will assume silence gives consent, Thank you. a it makes sense. Mayor Suarez: Legally, you cannot, but logic lly, ,_, ~, ~ Vice.Mayor Plummer: I'm going to assume that, if they were aware. ~; i~~ Mayor Suarez: Yea, and I feel likewise although I have a feeling we're going !. ~; to' hear from-them. All right. Commissioner Alonso: But, in fact, we're not- changing anything. We are b' ~-, just... ~; Mayor Suarez: We think we're doing correctly what we kind of messed up 5 between the hearing. and the drafting of the resolution. All right. Can we __ have that in the form of a motion? -and then Madam City Attorney, you're going #i_ , to draft a motion for.... ~ !t', ~~ Ms. Maer: If I may, I'd like to comment first. First of all... - Mayor Suarez: That's always dangerous around here, but go ahead. ,, this. to Ms. Maer: I'm afraid it probably will be, but I do feel I need to say . yau, since-I spent probably five weeks reading this transcript over and over, G,? First of-all, there's only one reference in the transcript where<I believe she ~i 'Nagymihaly's brought to -your attention the green. And basically, your reaction was, now I understand your position. After reading this a number of '`~ ~ times, L felt.' that you understood what her position was, but that didn't mean ~ ipso factp, that you agreed with her position, and It was about 20 pages,.. ~~ ' Mayor Suarez: We thought we did, but I understand that from the tran~saript, ~~~;~ ~ that wouldn!t be clear. '° ~ } Ms. Maer Now, the next thing is, are you specif~.cal7.y telling ua now that ~~~ ' you all remember that when you voted on this, the "X's," the green "X's," you }~ ~' ,:; tt~ok t4 me,aa you didn't want that to be planted. That tree, for example. , , ' :'~:~ .- ; k, ;: ~ '' t Mayor:6u~re~:~ :don't.even see the green,"X'a." I mean, ~~.you get ma to ,: that lavei Qf deta~,l, I'm goin8 to be l~:$e ~ommissiQnar Alonao and say you've ~ exne~de~d my ability tc. , . ~, - ~. ,. ~''rr~: ..-.., , Ma. Masr~ Wsi, that's the whple issue here. ~hat'a the entire ~~a~e. _ t ~;,. ~; i s ? `~ ' ~ ~ti; ,~~ ~terch ~~, ~~~1 ;. ~~,. ~; y _ a - '~! }{:, Commissioner Alonso: Just don't have recollection of the little details, No, Mayor Suarez: ...my ability to recollect. You've exceeded my ability to understand. And right nowt you've exceeded my ability to even see the daggnne uX'i~." Ms. Meer: And, secondly, that's one point. The second point is that there are.,. as you will see now right in front of you on the right hand side, I believe, there is... Mayor Suarez: Well, I don't see them as "X's," I see them as trees... Ms. Meer: "Xed" out. Mayor Suarez: As trees.., well, wait a minute, let me 3ust say how I see it, you know, Yes, if you look close enough you aee an "X," I suppose. $uty more importantly, I .see the ones that are painted green. The trees that are painted green as being the ones that are retained in the scheme. Ms. Meer: And I believe that's all it... Mayor Suarez: And the ones that are not, that dust have a little "X" through them, as the ones that are not being retained, right? Mr. Malinski: No, that, you see... Ms. Meer: That's how we drafted the resolution. That is not... Mayor Suarez: OK, let's clarify that point. Mr. Malinski: OK... i Mayor Suarez: Only on that point. g j;. i Ms. Meer: And the next... ! i ,. y m Mr. Malinski: .I've known Ms. Meer for a number of years, and with all due ~ respect to her, there are four references in this transcript that say, ignore the green markings. There are four of them. What the Nagymihaly's wanted ~ done, was they wanted this plan, which is the exhibit I furnished today, f' ,~ built. This plan that I am furnishing today on hard board, is exactly the ~ same. as the one that Mr. Genuardi.... - Mayor Suarez: Well, except that it's a copy so it doesn't have the green. and white... ~ ~ Mr. Malinski: That's-right. ,._ ;: ~ Mayor. Suarez: ...and .doesn't have".the "X's" through them. You .can't see ~ them, et cetera. ':' - Mr. Malinski: That's ri ht. g ii Commissioner Dawkins: If it's exactly the same, why are you arguing the ;~ - difference between the two? _ ~~ ~,- ~ ; Commissioner Alonso: Yes. ~ ~ f'; ;:j , , Mr. Malinski: Because the green... j ~ '3' Commissioner Dawkins: Tt's not the same then. ; ~. Mayor Suarezs It's not. the same. :if '`s ~, a, Mr. Malinski: Heoause, because.., ~! ~, fig,{ ~~ ,t ': t~ _.''; Commissioner Dawkins: So don't stand end tell me it's the same, '' _ ` - ~` ' ~ispor Suarez: It's not the same, cot~nsslor. I think that was not a g4oci, , . , j <, # t . that wss~'t very=clear to say it's thesame. + it realiy warn t, ; ,. ,; :. ; ;~ ~~ ~s:~~h ~S, 1'~9~. ' . J , S; .~ _ - t: ~,. '. ~ F ~ ~. I Mr. Malinski: Because Commissioner nawkins..~ Mayor Suarez: Tt's not the same. ~, Mr. Malinski: Commissioner Dawkins, the reason we said, delete the green ~ markings is if you delete all the green markings, the green circles, the "X's" and everything, you come to this plan. Mayor Suarez: Then you retain the basic tree coverage. OK... Mr. Malinski: Correct. Mayor Suarez: ...which happens to be... Mr. Malinski: The hard board plan. Mayor Suarez: ...described correctly in the cardboard plan. But we'd better - stick to the other one. Clarify then that we thought... ~ Ms. Maer: Can you tell me specifically how many oak trees you want planted? k ;. Mayor Suarez: We're going to do that in a second, if it's necessary, counselor, but it may not be. Tf I understand correctly, what you're saying, and if the Commission recollects as I do, that we meant to stick to the original plan, then the color coding on the plan makes no difference to us whatsoever. You've got one, two,- three, four, five, six, seven, eight, nine '' on the top row there. '•i ,; Mr. Malinski: Correct. Mayor`Suarez: And how many on the bottom, counselor? Mr: Malinski: Fifteen. Mayor, Suarez:- Fifteen? ;. ,,. Mr, Malinski: Fifty. That's correct. 4 Mayor Suarez: Fifteen. ~' - ~, s, Mr. Malinski: Fifteen. -~ Mayor Suarez: Right. . Mr. Malinski; That is correct. That is absolutely right. _ -Mayor Suarez:. Well, I don't know if it's correct or not correct. But I think. ';'h it's-.what we thought'we did at that time. All right? ~~ Commissioner Alonso: The fifteen, T have no>problem with it. :The nine,`-I don't even have recollection of the little details that were presented to us, so:.. - ,# ' ,, ;? Ms. Maer: The second point is that .there.... - a'r ;! ~ Commissioner Alonsos We'11 have to go through the entire thing again. I ~~ ~ + _ can't stand it any more. ,. '~i~ Mayor Suarez: All right, the City Attorney is now waving the .white flag.,. ~~# -~ Ms, Maer: The second... .li ''~;~ ~•, , Mayor`Suarezs ,,.as he walks away and eay we'll have to go through publio ~l `` hearing if we were to-deem that' to be our interpretation of what we 'did that' `day, counselor. ~~~i ~~r Mr. Mallnskfs Well, I believe that that.., 'k' j ~__~ ' .. Ms.,Mser:- And T'd like to put-one mote point on the racprd. ~:;{ ~ }, Mpygr=&~arez: Wait, wait; wa~.t, QK, I'm sorry. ~ , r` ,:; 5~ Marsh ~~, ~i~9~ ,_ ,: ;? 'S:. ,, -_ ,~ .~. -~ . ~ ~. Ms. Meer: I'd ifke to put the second point on the record which I urea going to point out when you were holding the plan in front of you, which is, you will note, that there are` in addition to green, there are some blue ink changes, and we would also would need to know, if you're making this statement today, what you intended as to the blue ink changes. We felt... Mayor Suarez: I don't see any blue ink, but I'm not sure we ought to get to blue ink. Ma. Meer: There is... Commissioner Alonso: How come no one asked to us about the ink and the "X" _ and all of that on the record when we spent so much time the last time we were here, and that was not clarified on the record? Because my recollection was an extended session, one that we gave ample opportunity for all the questions to be asked. How come all of a sudden, now when we don't have all of the little details, when we don't have the testimony of the people now in front of _; us. Now we're asked to make a decision what we meant at that particular time h when you are telling us you cannot even get the answer from the records. Mr. Malinski: Well, Commissioner Alonso... Commissioner Alonso: All of this is absurd to me! Mr. Malinski: Wait a minute. Commissioner Alonso, let me explain the problem. The problem is not with this plan particularly. The problem is this. When we left the Commission Chambers on the 24th of January, this plan, which Mr. Genuardi has initialed, was rescinded. The reason that, that was... and I know it was done by a resolution. The reason that was important, and the reason that the Nagymihaly's thought they had gotten what you all thought you had given them was, with this plan, if this plan had been accepted in November, the County was writing a check to the Nagymihaly's to cover certain losses. When we left the Commission Chambers on the 24th of January, me were '~ content to have that rescinded and not to get the money because we were ~j, getting the original plan back. Now, that's where we were. Everybody agreed. ~. -~ When the County presented their building plans, drawn by the Landero firm to ~i' ~ Mr.: Genuardi in early February, Mr. Genuardi utilized, not the green marked `' ~. plans, but utilized this plan... ! ' Mayor Suarez: You've exceeded our ability to comprehend the past. Perhaps ' j" ;. you can suggest to us what to do in the present. If not, we're going to try , ~- to resolve this in the future, counselor. ~: Mr. Malinski: Fine. Mayor Suarez: Please don't give us everything that went wrong in this thing: Mr. Malinski: Mayor Suarez... Mayor Suarez: .Tell us-what you think we can do today. Thee City Attorney apparently is going to object and say we have to have a public hearing, and then we have to decide up here who we're going to follow. Mr. Malinski: Fine. I believe that the Commission can resolve this matter conclusively by simply agreeing with me that the resolution that it passed ` I adopted this plan signed. by Mr. Genuardi devoid of all handwritten markings.'. -s E, j ~I ~ Mayer Suarez: OK, and color-codes and everything. ' a4 '' Mr. Malinski: And color codes. The original document... , -,} Mayor Suarez: OK, does any Commissioner feel comfortable enough with this to ='I: move that we, in fact, rescind our resolution. a$ drafted by the City Attorney, and now have a new resolution that reflects everything that is in that plan that Genuardi has now signed twice, without color coding, meaning nine trees '' ' .~ is the'back and ffifteen in the front? ''' ~.;,;' Commissioner Alonsos I would have no problen:a~ if I knew, in feet, who was keeping this plan. The City of Miami? Ms. Mayes The City kept the plan, ,';, 5~ 4. F [ ~ Commissioner Alonso: The City kept the plan. Now, when we asked Mr. Genuardi, or you asked Mr, Genuardi to sign the plan, it was because we all were in agreement that, that was, in fact, what we wanted it done. if that is the case, I have no problems in moving that we approve it as such. Because my understanding is, when we asked him to sign and we all agree, vie were satisfied that we had come to a conclusion that, that was, in effect, what pie wanted it done. So I have... Mayor Suarez: OK7 No, no, it's going well for you right now, Hva. Commissioner Alonso: And I recall the last time she went on and on and on and almost make us switch our vote too. That I will not forget. Mayor Suarez: Right. And you might dust do that. Things are going well for you, OK. Is that in the form of a motion, Commissioner? Commissioner Alonso: Yes. Mayor Suarez: All right, I'll second it. r Ms. Maer: I don't understand the motion, I'm sorry. ~! Mayor. Suarez: .All right, the motion... ;. Commissioner Alonso: That we accept the plans and... Ms. Maer: That's the same problem as before. - Vice Mayor Plummer: Hold on, hold on, hold on... -1? Ms. Maer: That plan has .green. - Vice:Mayor Plummer: ...the Mayor has relinquished the chair. :. :- Mayor. Suarez: We ere going to clarify it. j? ~ _'- ~ ~: Commissioner Alonso: What do you mean? . ~s Vice Mayor :Plummer: Hold on. There's a motion on the floor and seconded. ;; , City Attorney has a question. ~' Ms. Maer: My question is, when you say, Commissioner Alonso, as you said I believe at the prior-hearing, that, that is the: plan, and you had Mr. Genuardi initial it because that is the plan, and that is what this Commission is voting witrr regard to .the special .exception and. the other items, then I take _ that document and -the transcript, which speaks for itself, and I say that you ; ,mean 'that document built out as reflected there :with green "X's" meaning; F,,. don't build this, meaning. as to an"area of wall°around an-.equipment room....: ~, ,„ Commissioner Alonso: Would you bring that closer to us that we can see the little details, ,,. `.1 Ms. ,. Marrs , ..green "X" over a tree, meaning don't build this tree. So, if ,~ you're saying, as is on that plan, then that's the same situation we had la$t f1 time. ., Now.,. ~ . } ~ Commissioner Alonso.: ..Yea, ;but I remember we went on and on and on -about ';15 ~,, T trees,.=: and- I remember that we went on and on and: on in the clarification off', `;{ the somber of`trees included in the front and in the back of the property.... `Vi'i t,~' Me. Maer: Right. ;°, Commissioner Alonso: ...and about the wall, plus the trees. ;~';- °I} ~• ~f Mr; Malinski: ~ believe that if the Commission instructs by ..resolution that '~`~ ~`. all written notations,,. :~; _, : ; ` Commise~iousr Alonso: May I see ~.t, please? . `d ,. :.. ~. . ~. .,. Vice Mayor Plummer: - W9~.i, wait a minuta; - `j " <~~.. , , :,, a~; ~ ~.4 . ~ ~ Mayor ~ stag; W~1t .wait, .. ~ -~ ` w7 ~~ ~ , k; - a~ -,. ,,., . .~ '~~r ~, - - ~" . Vice Mayor Plummer: Mr. Attorney, please... ( ' ~ Mayor Suarez: Please. , . Vice .Mayor Plummer: The City Attorney has asked a question of Commissioner ,._'. Alonso and we are waiting for her response. Mr. Mayor, should we announce to anybne here that this is, in £act, going to be the last item before the lunch break? Cbtnmissioner Dawkins: We got one more we're going to hear. ;~. Mayor Suarez: ,Bxcept, I'm .going to prevail upon you to do the quick item on _ -s:' the MCPBA, which is a scheduled item. =, Vice,Ma~or_Plummer: All. right, sir. Any other item other than the MCAB - i~ :'~ ,;: I'm correct: We will see you after... '. Mayor Suarez: MCPBA, the police, the black officers union on their event. ;c. Vice Mayor Plummer: We will see you after... ,}~ Commissioner Alonso: No one mentioned this. s f <; E ;' .. _, - - Mayor Suarez: .Two o'clock? r ~s 1' Vice Mayor .Plummer: Well, I think our... ,i 1 Commissioner Alonso: No one mentioned... ~s ' , Vice Mayor .Plummer:.. Yes, you want to go back at 2:00 or 2:30? ~, j Mayor .Suarez: Two to finish the morning items at Least. Vice Mayor Plummer: Because the zoning doesn't start till 3:30. ~• t~ ~ -~ 1` Mayor Suarez: I..know, but we've got Mr.'Philiips and some other folks. f,; Vice Mayor Plummer: All right, 2:30? -.Two thirty agreeable? '; ~. ' Mayor Suarez:. Two thirty? Commissioner De Yurre: Two thirty, yes. ;, ',; ,:_: Mayor Suarez: Two, thirty. :: z.~_ Vice Mayor., Plummer:. OK, .anybody other than the black police officers that ~ " have an item we'll see ou after 2:30 this afternoon. Gettin an earl start '' ~ ~. on, lunch,-one minute. ,,- , _, ,e- ~} Mayor Suarezs All right, Commissioner Alonso, can we clarify? ~ r ,, V ce Mayor Plummer: Commissioner Alonso, do qou have an answer? ~. Co~amiseiomer: Alonso;- No, I don't have an answer because this has been F,-1. ~~ a, presented, at; that time, exactly .thesame way that it has been-presented"to us ; ~; at .°a distance. And.. in all honesty, I don't have° recollection of 'the little ' ` ~~ dotails• involving the matter. I remember exactly the` 15 trees' in the back. ~ I :res. problems with that. I 'heard that a million titpee. I wanted' the have no ;~?~. ;~ . . . , tress, all .qf them,, every single one. I wanted it there. Now, the-other- . ;{}{ 6 ~ sections~tk~at are markings,... : : - ~ °`~ a~vi a.~ ~ Mayor Sua~rex: Markings and things. ~ ~ :( ;,° i. ;} ~> Commissioner Alonso: ...I.have..no idea. So I - no "If my answer is..." j :1 Vice Mayor ~'lummer: Madam ,.City Attorney. , . '' ~ ~ ~~ . Gommiasionar A~.anav~ ~...no ~ cann~at...I don't now to , k what answer t+~ that. ~a' ,, ~.. . ` ~ ;don't 1G~3QW, what ;thy . "~" a~eams, . s0 l~hs mot~.on is. _ * , ,_ t ~ti ~ ~ Mayor Suaxew~ Tha nation is deemed withdrawn, : ~ ~:. a; i - ~~ t~8rak~ 2$! 19~i ' ; `,.~ _'. , ' ~~ ~ t. _t ,' - ~ r }: '#x Commissioner Alonso: ..,is off. ~ t Mayor Suarezt It's withdrawn. ~~. Vice Mayor Plummer: You withdraw the motion, ' Commissioner Alonso: I do, 4 Vice Mayor Plummert The chair is now back to the Mayor. Mayor Suarez3 OK, and I may as well withdraw the second. I tried, counselor, {_ and Commissioner Alonso certainly tried, A11 of us tried. Yes, go ahead, i= say:., i= - ~~~-1= Ms. Nagymihaly: OK, I have to say something because I've been fighting for ~_ two years, and I'll make it brief because this is about all I've got left. c It's frustrating. This plan, when I came for the last time, I thought, on y January 24th, was missing. The November 1 Sasaki Plan was supposed to have been brought here with the other papers, the big cardboard things. Everything was here ekcept my one important plan. The Zoning Board, the one that had ~ given me the Sasaki Plan of November 1, was missing. Luckily, I had this ~:~ _ extra item in my briefcase here so I was able to produce something. And every single time I said, please, look at this. This is what the Zoning Board gave ' a me, eight to one. This is what they said that I had a right to have after ~ they took down 21 one hundred year old oak trees, and asked me, as a 50 unit apartment building owner, to face on to an AIDS hospital with a 275 foot chain link fence running across my border area. So, for two years, I have had to t fight to get a wall. And then, when I come here, because I have already , fought so long and so hard for them to tell me that this no longer is the plan because it's got green markings on it. Of course I'm here on a personal appearance. When am I supposed to stop? I'm protecting my property. I'm protecting my position. I don't want any variances. I don't want any favors from anyone. Just give me what I deserve, and don't make me keep spending aL1 my money. I have a right to it, and you voted in my favor and it's mine! Commissioner Alonso: Ma'am, I don't know if you realize and it seems to me that last time when you came in front of this Commission, you didn't - understand either that we were trying to help you. And it has been the desire of this Commission to help you, and that's why we went further to ask that you have the trees and the wall, because we wanted to protect you and your property. But also, you have to understand that we have to make decisions based in what is in front of us and clear enough not to make mistakes and perhaps produce a vote that we're not. certain. what. we are doing. And that's: what we are trying to clarify. Ms. Nagymihaly: I can appreciate it. Commissioner Alonso: I give you the benefit of one more try... time... I'm going to try. .Let me see if anyone here can explain to me what the "X's° on "`- top and bring again the map closer to me so I can see what-I'm doing to see 'if I am'=able to present a motion that we can help her. But at the same 'time, we s . do exactly what we are supposed to be doing. May I see it again, sir. ~~ i' Mr. Malinski: Commissioner, there is the plan where the markings are. And it ~` conforms, if you delete all the handwritten material, it conforms exactly. to '~ ~ ' the- plan that exists somewhere in the City f ilea, that Miss Nagymihaly said ~' was not brought up January 24th. We looked for this-thing for two hours that ~` . morning, because this was the plan that zoning had approved, and we couldn't 3j find it. Mayor'Suarez, when I started my presentation, I referred to the plan €i! of November 1. That is in the record, in the minutes, and in the minutes of . "~?{ ' '~ various proceedings before the City. You said, where is it? I said, we don't ~~ have it. We have one that is not the plan. Those are my words before the Commies iotl, It is not'the plan You must ignore the green markings. And ' ; 1 ', that-is what we considered that day. Now, the problem i have, which is s far ~,~ r~ h: dif$e~eat problem, is that the :'County, traveling on tha strength of this , '~ ~~ misinterpr$taton has started very actively into the construction, They hays ¢ ~; c ~:.: destroyed parts of the masonry wall. on the premises already. ~ '; ,~~ ~ Mayo' guar~a ~ Wall, there ~ s a hearimg coming up in court, I'm told, by th.e - ~ , ? ~~ ~: '. ~ City Att4~'~3ey, right? =oa ~1pri1... ~ . ,. ~ ;: ~ i q v. .~' S7 ,° ^_ .~ _ Y' ~, I~ __: ~' ,S a 1 4 Mr. Malinski: 'That hearing, because the Commission... your honor signed the fesolution last week, that hearing, t can tell you, as a lawyer representing _ the parties, is not of any importance. Our procedural footing there is all wrong. `-. Mayor Suare2: OK, well, Commissioner Alonso is doing her best once again to 'i ~= try to remember if, in fact, we did what Eva has indicated. If you're able .toy Commissioner, we'll try one more time. If not... Commissioner Alonso: No, I'd like to see... another thing that I would like I to put on the record is, I don't ever want to see the City of Miami in a "• - position that we are asking for, where is the plan? It should be part of the _ record if it was ever mentioned as part of a hearing, it should be with us. - And it cannot be misplaced, or we cannot locate the plans. I think that this is unacceptable, and it should not ever happen again. ~_ ~= ' ' Mr. Malinski: Commissioner Alonso, we asked that, that plan be brought in _ _ today as well. It's still not here. Commissioner Alonso: Yes, let me see. Now, does it have any meaning. whatsoever? -this "X" on top? That says new... this is in reference to the wall. And we say, we want a wall. So, this, it's... 't g : ' ;. Ms. Meer: We understood that to mean you didn't want this one, but you wanted that one. Just like you wanted... - Commissioner Alonso: Which one? Ms. Maers The one around this decorative wall to match existing... Commissioner-Alonso: Let me make it very clear. As far as this one vote here, I wanted a wall to protect the property. The wall that this lady has been asking, and I also want the trees. The two things I wanted from the very first time. And I think that was the feeling of this Commission on that points-I'm clear enough, and I'm certain most of you are clear on that. ~- ; Ms. Meer: Commissioner, if I may, there are three.... . ~= Commissioner Alonso: What else? Ms. Meer: ...there are three walls. One is the wall around the boundary, the perimeter, that's... Commissioner Alonso: Well, this wall here that she's been talking for such a .long... Mayor Suarez: Separates her property. j Ms. Meer: Then there are two more walls. - Commissioner Alonso: ...separates her property because other walls.:. T don.'t think she ds in the habit of asking the County>to build walls in the middle of a property. I think she's asking for a protection. Isn't that right? Mr. Malinski: Correct.. Commissioner Alonso; OK. ~~ ~~ ~, Ms. Meer: Then she does not need the walls around the... ;`i Mr. Malinski: That's correct. ''! _ ,, Ms: Maers ...you don't need the decorative wall around the mechanical j equipment area. Is that correct? ~r. ~ ~ ~~` 1 ' Mr. Malinski: Well, that was what was on the plan. That was Qn the plan, '' . . ~ ~~ :This is a three story apartment building, and. it looks down cn ths~~se ~ . r mechanical and service erase, of course... , Y. ,~: ~ig~-o~ ~~a+~r~r~s ghat was Haver a~ material argument before this Commission, . , i : Coti~ss~onex' A~.s~r~ao: No, it was.. , ~~ ~s~eh '~~, i99i ~ ,~ f _ _. { . . ~ - t ~~ - `~_ '!~ Mayor Suarez: .,,but is that a dispute at all between the parties? i Commissioner Alonso: Na. ~_ Ms. Maer: 1~es. E f ~., Mayor Suarez: The interior decorative walls? q Mr. Malinski: If the Commission adopted this plan without any of the green l ;. aerations; it also approved the plans. Mayor.Suarez: I know that. Y am just asking if they are also arguing about .whether we required those interior walla, the decorative walls or nat. Ms. Maer: That was raised. in litigation in court. ~ Mayor Suarez: And you're saying that, that is also an issue. Well, again... y ^ Commissioner Alonso: Was this here before? - , [ .. ~ Ms. Maer: Yes. ~ (i Commissioner Alonso: No specific location... ;~ ~. Ms. Maer: Right. ~i i Commissioner Alonso: ...what not so shaded before. A. Ma Maer: It was all there before. We haven't added anything to it. And do ~ you".want... are these trees to be planted or .not? We thought you wanted one; ttao, three, .four, £ive. And so, in the. resolution, we referred that and she - says, no; :what you meant. was one, two, three, four, five, six, seven, eight, - nine. -'And I.decided you meant. what this plan show, which meant this. tree,. i', - this tree; this tree, this 'tree, and all these trees. They said no. Mayor Suarez: I have no problem voting to incorporate what we thought we did a. ~: based on November 1 plan, which you refer to as Suzuki. What the fellow? Mr. Malinski: ,Sasaki. Mayor Suarez: Sasaki, all right., I'll be happy to call the judge for you. ii` .Tell it to the judge.- Who was the judge? - ;', fl ' Mr.. Malinskis Frank Orlando is a retired judge. He's acting by appointment. t. 1 i Commissioner Alonso: Oh, definitely,- we wanted that.. ,; Ft ~} _ ~, ;. ' - Ms..Nagymihalys -Rut this is .the mechanical-area that they're talking about. E ~~: ,„ ~ This'-is what I presently have. This is the -what I look onto now. This is along the area .here where you see the cutout area, and we have the-apartment building three stories :high that look down...' `' Mayor Suarez: OK.- We have, on the record, although you didn't do. it on the of ~ o record, an explanation from Miss Nagymihaly of... ~ ~ ~ ; : ~`~ Mr. Sorge Fernandez:, Mr. Mayor, you should not -excuse me ~- point of-order; You should not be considering at this point in time.... ~` ,- ., Mayor Suarez: We're not,. :,~~ .. _ Mr. hernandez: ,..anything. You're looking at some .pictures which otherwise ~` xr ,- _ wire not. , . s ~_ ~ ~. ;- -.` Mayor Suarez: Weli, all right. , . .. '~ ~~~ T~ =_ G Commissioner Alonso: I.et me tell yqu something, These pictu><as I have ~t~ ,i perfect recollection... ,, ; , ; ; ~. ~ .- , ,~ T. - . ,. '~ 3:...F ' ~/ ~r Q ~e ... t ~ ~ Y. ~ ` - - yF +L ,' , ,~ ~O3ARR~8~~~?A8r 1#i~teeas , . , c~~ those pictures; . ~ ~ a~ l~srak~ ~~, 7~'~9l ~~ i If 'i ~~ Mayor Suarez: And we've seen the area, but anyhow, the pictures themselves E are not part of the proof adduced here. We're dust trying to decide if that ~{ particular plan, without the markings, is the ane that we meant to approve +~ that day. So.,. ~~ t~ Commissioner Alonso: And anytime that they show me pictures like this and tell me that the County is trying to get away and leaving something like this next to a property, I'm going to have problems with it. Mayor Suarez: Right, but that's a sort of.,. 1= Mr. Fernandez: Correct. :~_ Commissioner Alonso: I think the County has to build a wall. i_ ~= ~_ Mr. Fernandez: We have no problem with that decision. Mayor Suarez: ,..in passing remark that doesn't necessarily apply to what we're doing. A11 right. ~_ Mr, Fernandez: Our only concern is that position, it must be in an advertised hearing. then if you want to have that ~~ Mayor Suarez: public hearing, I know. All right, back to the map. Do you want to try the motion or not? Commissioner Alonso: No, I don't think so because we are going to have so +~ many points`. I see our City Attorney already very excited about my trying to find a solution today. I want to find a permanent solution. One that is really. good for this lady, and a permanent solution. And I think we should advertise, follow every detail that we have. But for once and for all, put an end to this. And I think that the intention of our motion at that time was very clear. We want wall, we want trees, we want protection for this lady. I That's the least that she deserves, but let's do it legally and the right waq. ', (' ,I. Vice Mayor Plummer: Amen. ~ ~ ". F Mayor Suarez: Eva, let me tell-you this. Substantively, you are winning. -I think you're going to win. I think you're going to win in every possible ~._ aspect. Procedurally, we're still not quite at the end of the line, but don't ;~ get :upset because you're winning. _You could. probably get. rid of your j attorney., I don't want to... You know, and you do ,just as well by yourself. :;'. k Commissioner Dawkinsr He's pro bono.... _ ~_ Mayor Suarez: Right. Yes, he could probably offer to do it pro Bono, maybe '?' ~ pay his -fine for being late to the other court appearance:: But you're doing ~ ~I,- very well, believe me, substantively. Unfortunately, the City Attorney ' ~ thinks... Vice Mayor Plummer: The only way you're doing good is, we didn't deny you. ;. Mayor .Suarez: Right. - Mr, Fernandez: .The last thing Miss Nagymihaly would want would be for this `f ? Commi~asion to take action here today that would then later be challenged, aad '~' this-whole issue would continue. ` Mayor Suarez: Well, that's a nice way to phrase it. We probably will be s ;, a~~. '~ challenged regardless, but I think we're on the same wavelength as you. We'll r~~ probably take final action when? -30 days from today? . ~~~` ,~ S~:a Vice Mayor Plummer: That's the next zoning, ~3 ~';` ~~ Mayor Suare~s po all the proper advertising, make sure the whole world kaowa ;;? about. i.t, ,and let's decide. QK? ,:: ,` • Mx'. ~ali~nsk~: Wall, on bna point t#sauSh, the County is goi.~ng dull speed ahead ,~; 2 , i b~ the con~tructioa of what they believe that they've qpt. ,, `' ~! ~ ~~~~ ~' w Camm~.asiA~e~ Aawkiass Then they teat It down F• ~, .~ . ; ~., ~ ~' ~0 ~a~~h ~~, 194 ~ ~, n . ~` ~ ; I? ;~ ~a ~f I- ;E '€ if Mr. Malinski: What? Bust want the Commission to be aware of that. Mayor Suarez: Sounds like they mayhave to d:i some tearing down. Ifyou grant ~x to take the transcript of the Commission as saying that. } Cz~mmissioner Alonso: Well, a friendly adviee to the County, don't do it, it's ;.~ tanpayers money, and they might have to produce several changes, So they f bitter slow down. Mayor Suarezs Right, right. It's been a while since we had any contempt T citations against the County, et cetera, you know. Contempt of this Commission, it's a whole new concept that T dust invented. ~- Commissioner Alonso: Who will be responsible for this? ~_ -' Mayor Suarez: Officer... quickly, You want us to approve.. Yes Commissioner Dawkins. ,~: Commissioner Dawkins:. Mr. , Mr. Mayor, Commissioners.... N ~}.- n Mayor Suarez: Or Gerald. j. Vice-Mayor Plummer: This item 7? E Commissioner Dawkins: Yes. y - _ Mayor Suarez: It worries every me time I see one of our officers dressed with a suit of that quality and... ~{ ~ . _ Mr.-Jorge Fernandezs Excuse me, Mr. Mayor... ~.- e s Mayor Suarez: ...excellent fit; as if it... a Mr. Fernandez: ...as a matter of record, we need from Ms. Nagymihaly a1T the ,; ~~~ puns or anything else that we had. ~ ~#: ~ ~ Mayor Suarez:. Well, since we didn't really act on it, I mean, -you know... E i• _ '' ~ Yes, .we'd hoped to have it in the public record if we could. At least the one ; ~ that was initialed by Mr. Genuardi. Ms. Maer: Mr. Mayor, we need that plan.. That's in court. ,! ® Mayor Suarez: OK. Counselor, the City Attorney, is hoping that you will return to us the plans so our record is complete. So, I don't know ff it's ~' all three... ~,~`_ Mr. Fernandez:. Mr. Malinski, the plan with. the green markings. Thank, you, i; i Mayor Suarez: And if not, figure out a way to make a quick copy of it " attd : ",' ;initial .that ,too, please.. There's got to be a process by which we don't have to rely on any one particular instrument. = - k~. ~ .. ~~l ~, ~. ~- {~ ~~ Iii ~ - _ .(. ,`~t, .. ~ 5. y ` .. ~ W k~ ~. f L -' r ~~ 3 I { , r S,{ Q ~.-': f,' . - - rw s: ,. .. ~- - _, f i. 7~ - :. '. .. .. ~:. f' ~ :~. .. _ ~. M, ~, . " , .~ ~~' ~. ;. S~. • • 9. DISCUSS AND TEML'ORAI2ILY TABLE REQUEST BY MIAMI COMMUNITY Pt~LICB BPNEVOLENT ASSOCIATION FOR STREET CLOSURES AND AMENDM£SNT TO ORTIINANCE 1Q764 IN CONNECTION WITH: 1991 BUD DRY ROCKING THE RIM OUTDOOR BASKETBALL TOU1t (See libel 11). .ii~Y.a:.r W 6.r.rw.~~-ir~fi.~~. r....--r-ar--r--~wr.rwi.--r-r ra~Lrrr:------~-r-----.r~irr"ir.rr.wr.i.rcr:e....`u.Y~~ Mayor Suarez: Does anybody have any problem with what the MCPBA is requesting? Commissioner Dawkins: Move it. Mayor Suarez: Moved. '~, ;. i .Vice. Mayor Plummer: Yes, you got people over here from the festival committee. Mayor :Suarez: I'll. second it. It's all yours, J. L., dust to have a second on it. Vice Mayor Plummer: OTt, there's a motion made to approve the request and seconded by Commissioner Dawkins. Under discussion, ter. Stahl. ~' Mr. Ted Stahl: :.Yes, I am Ted Stahl, located at 3171 Royal Road, appointed member_of the Festival Committee representing Miriam Alonso. First, I don't want to seem to be the villain, but all I'd like to ask is - I'm a basketball fan -but if you allow this festival to - or body of people... Mayor Suarez: Fsvent. Mr.; Stahl: ...event to be approved, are we opening up a can of worms that every festival that wants to come into this committee goes through this... Commissioner Alonso: No. Commissioner Dawkins: See... event. You keep' saying festival and we saq event, see.? ~' Mr. Stahl: It's the same thing. e Vice Ma or Plummer: Ted ust le y , 3 t me try to answer if I may, very quickly.. Mr.,Stahl: Yes, sir. Vice..Mayor Plummer: It was my understanding that, that which you and I worked on and others worked on, did not, at any time, ever preclude the prerogative of this Commission. . Mr. .Stahl: That's correct. , Mr. Fernandez: That's correct. a: Vice Mayor.: Plummer: OK? And I think that this Commission would have to be } looking at each request individually beyond that which the perimeters which , {.~ they set: So, in trying to answer you, they're limited to two a month, which ~a is what the committee put forth, this Commission accepted. But it left the ~~ door; open if this Commission wanted, in its judgment, to extend or waive aay . a;` ., particular event, and that what's before us today. Now, I have only one `° question for the record of clarification. It is my understanding that this F ~~ ,~~ <. group is a profit making organization. Is that correct? _ ~<< r ~Sr. Gerald L. Darling: Executive Sports Marketing is a profit based ` organization which will be making a sizable contribution to schoiarehip fund. .~, '` .- ;~~ Ccmmiasioa,er.Dawkins: You just lost me then. ~- ,R.~ i ~~ Vice. Mayor Pluttuner; Are they making a profit? I've got to put this..,, I'm ` sorry to do this to .you, but I got to gut it on the record beaaues it's been ' 1 `: 7• - .~.- gaveled here up to -this paid: ae a noi~pro~it org~~nit~atioa, ~~ .. ~. ~~; ~~.. ~~ - 62 ' i~~trch 2d, 1991- ~~ 1. ~. ~ , t, - ~s;--- ~u a3 ~ - ~= _ • • Commissioner Dawkins: No, qou lost me. Vice Mayor Plummer: You are a profit making organization.? Mr. Dennis Tebon: Yes, my name is Dennis Tebon, I'm senior vice president of Exclusive Sports Marketing, and, yes, we are in business to make money. 'Vice Mayor Plummer: And you expect, I assume, to make a profit off of this endeavor? Mr. Tebon: Yes. Cbmmit~sioner Dawkins: Well, I'm sorry... J.L., I'm glad you raised that. I was under the impression that this was being done with and in conjunction with the black policemen, and that they would get the profit, I mean, from this organization, and therefore, so because they're making a profit, I cannot support it. - Mr. Tebons We are, in con3unction with Executive Sports Marketing, receiving a suable contribution... Commissioner Dawkins: What is sizable? Mr. Tebon: Ten thousand, approximately $10,000. Commissioner Dawkins: OK, I tell you what. I'll tell you what I'll do. I will-move this if they take 20 percent of the profit and give you eighty. Mayor, Suarez: So moved with that proviso. Vice Mayor-Plummer: There is an amendment to the motion. Mayor Suarez: I'll second it with the same proviso.. Mr. Stahl: Will a percentage of this money be given to the Festival Committee? Vice Mayor Plummer: Well, the surcharge is that we're not waiving... all we're waiving here in this ordinance, as I understand it, is the right to-hold. it. The surcharges still apply. }r Mr. Odio: They are also-requesting that we waive the 25 percent fee. Commissioner Dawkins: Well, if we're going to get. $0 percent of the. profit, .I don't mind. Commissioner De Yurre: Well, how much profit are we talking about? What's the expected profit? ' Vice Mayor Plummer: I have no idea. Commissioner De Yurre: Well, I'd like to have an idea. I'm sure they 'got an idea. - ~. Vice Mayor Plummer: OK... ;; C i io Y D e Wh th t' x ~j ;,, omm ss ner e urr : a s e e pected... - t !~ f Vice 'Mayor Plummer:. ...there's a motion on the floor - excuse me -,there's-a ~'; motion on the floor that _the black police officers'must receive no less than ,_ ~; '{ $Q ° percent of the prof its . Is there a second? - ':~~ ,~~i Mayor Suarez: Yes, I seconded. , ,_ i~~ ;~ ,' ` v : , ice Mayor Plummer: Thea it is seconded. Now, that's under discussion. Ia ors ~,~ the black officers with the Exclusive Sports Marketing Group agreeable to that f' `~' prswi~siOZ~? Mx, ~eboas Yea. - . 'yiae Megar; Plummert ' OH, now, the second que$ti~e is, p~ the $a~peases, th+~ 25 ;~ ~ perceat~ o~ ~ the . p~co~it~a - l'~n assuming profits ie' not' the SQ pesc. ~~t they~xe ~. n , gattit~~ ~ ~Q~ag~:~ta Se' to ~he~ ~Euad r~r<not~: ~ _ f' i~: f~~ Marsh ~~, 1Q9i ";. ~~ ~ { ~: ~~ _ - - ~~ { 1 Commissioner De Yurre: Well, J.L. , before, I want to know clearly naw thsit s we're talking about splitting profit, what is the expected profit? Which I'~n sure you got to have an idea. Mr. Tebon: From the beginning what we do with charities is work on the event i , entries, OK. We give them $10 per event entry and our goals are to get to $10,000 for this group. OK, this is part of a five event statewide series. x Miami is the championship. OK, and my formula for every event is to get to $10,000 for each charity I use. I used the Boys and Girls Clubs in other ' cities, and the police $enevolent Association. -- Vice Mayor Plummer: We11, answer Commissioner De Yurre's question... ~_ ~- .° Commissioner De Yurre: Well, you see, you're not answering my question. 9` Vice Mayor Plummer: ...what do you anticipate as the total gross? 'n = a Mr. Tebon: OKi we're going to get 300 teams in the event times $60 is ` $18,000. r- ~` ~ Commissioner Dawkins: What about TV rights, radio rights, and sponsorships? ~' , You-don't have any of that? J - =~ Commissioner De Yurre: Advertising. Commissioner Dawkins: And advertising? You don't have any of that? Mr. Tebon: We have a statewide sponsor in Anheuser Busch, yes. Commissioner De Yurre: How .much... Commissioner Dawkins: OK, all right, how much do they pay you? Mr. Tebons For a. statewide sponsor, it's $50,000. Commissioner Dawkins: All right, so you got t o get a percentage of that. a ~ ~ Vice'Ma or Plummer: Let. me ask a Y question for clarification. Commissioner Dawkins, in your motion was that 80 percent of gross or 80 percent of .net? Commissioner .Dawkins: G-r-o-s-s. ;, `s Vice Mayor Plummer: OK, that's gross. That's everything. That's revenue of i_ all sources. Commissioner Dawkins: Yes, sir. Commissioner De Yurre:. What other sources do you have? i ~ i Vice Mayor Plummer: Well, like he said, not ,just entry fees... {; ~ Commissioner De Yurre: Well, I want to know the numbers, I want to. know what °~ we're talking about. What else do you have? Vice Mayor Plummer: OK. The question is, what other sources of revenue.:, or !~ define the sources of revenue. ~~- ;: ~, Mr, Tebon: Well, I like to go in and get local sponsorships is what I also ,;, do. OK? And we're doing. that as we speak in Miami. And, you know, I can ''i' ,; give portions of that to the charity, that type of things, I can loosen those. ;- types of things up. But I don't think it"s fair :for a .five -event atatswic~a ,;~ tour to give. the funding o£ a titlesponsor for that whole series so .that.v~e `~ aaa actually da this to give that to the organization. i ~~~~ ..,, Cgmmiasionar Da .Yurre: No, ao, i.f. you have five events ~ how-:many do you have? -five events? {~ i~r, Tebon: Um hum. ' ~o~q~aei9Aax .Ds Y~tr~es QK, SQ we',~ be i~okiag at, you knows was iG i'fty " ~ha~te~a~, ai~x sha~'a of that which is ten thousaacl. You oan ai~Aeate, , , yon ' ~~~" ~a~ s~l~.t that ams~ng the five races and ten thousand goes to this,,. yy j - ~,/ y, I,Q p ~ ~~ ~a~oh BM+ ~QQ~ ~ ~ i ~ . `. - .. s3 -.~ ' - ~. r,. ii ,# ~ J.- f 5 Mr. Tebon: I'm having a tough enough time tb make it work the way we want it 1RR ~.~ t t to work, with the TV involved and everything involved. in the equation,.. ;~_ Commissioner De Yurres OK, and what are you getting from the TV7 ;~ Mrs Tebons Pardon me? Cotinmissioner De Yurres What are you getting from the TV7 Mr. Tebons We're getting nothing for the TV, for the rights, from Sunshine f- ~ Network... ~., ~;' Commissioner De Yurre: You get no advertising? _; -,>. ~ Mr. Tebons No, we give them the program and then they distribute it, you know, statewide. ~~ Commissioner De Yurres OK, so you get nothing from them at all? j, &f { Mr. Tebon: No. ~ _ = Commissioner De Yurre: OK. I need to know, you know, basic... when is this ' going to be scheduled for? Mr. Tebons May 3rd through the 5th. Commissioner De Yurre: May 3rd through the 5th. Well, you got plenty of time '# to come down and give us exactly what we, you know, the questions that need to be answered, We want to know... you know, if we're going to go and close the s streets for this event, which is a burden in the community, it's got to be worth'something to this community. Now, I want to make sure that if ten thousand is a significant amount compared to all that is being taken in, I can dive with that. But if ten thousand is a nominal- amount compared to what is _ being .taken in and we have to provide the venue, and we have to provide a whole°bunch'`of-things, then I don't think that's right. So, we just want to ~~ ~'~ make sure that we're getting a fair share for this community. Mr.: Tebon: That's fair, I can understand that. Commissioner.Dawkins: And I have a problem... see, and I don't want the black policemen being-used as the vehicle to come in and you get rich and they get 't peanuts. I'mean,.that's my-problem. Vice Mayor Plummer: All right, then are we deferring the .: item for further `` answers? - ~ Commissioner De Yurre: Yes. ~ . ;. Vice-Mayor Plummer: Mr. Castaneda. - _ ._: s ~, Mr. 'frank Castaneda: :.:Commissioner, I think that we should clarify. for the f j records, from what-time to .what time are the streets going to be closed of the ~~ Grove? What ie the request? ~~ °~ Commissioner De Yurre: Does it have to be on the streets? It can't be ~ a' ~ arouad... _ well, we can't do it on Pan American Drive here? -whew it's going ,~ fi~ to be less burdensome? ,~ <: ~.~, z;, Mr. Stahl: That's what I suggested this morning. f~a ; ~' Mr. Tebon: first of all, the rationale for picking the City of Mietni, is , 3-f_ _ becaust>e you~ve;~il given us suppartfor--the past couple of years in this type of an eveat, is we've picked the City. of .Miami for the cha*apionship site fora ~~~ ~:ivs .:event statewide series. We wanted a venue that provides : a stata~ide __ spociai,atmosph+ere, and we believe Coconut'f:rove is that .special site. ~ ' -f ~'~ _ C~omsais~sic:eer - De ~ Yurre: And we agree: with ysau. ~ ; ;' ~` i ~' Commissioner Da~kiz~s; A~ndyoµ have nQ problems with tir,~tah~ an that,-:but he ~ ~ - ~° ~ still <seya, what#s Coconut Grove going tq get out ~~ it? ~~. ; r ::; . _ , ~. ~'` '` ~~ ~la~'~h ~8, ~~~! .. ;° -~ ~ NN, y~t."i ., ~ '. ~ ~'- ~ .. - .S i 1 ~_ iF f j 'i Mr. Tabont First of a11, a nice special sporting avant for the recreational ball player around the state that's going to come here and provide economic ~~ Impact, provide a television special highlighting Coconut Grove, and bringing our organization in again to make it happen, five event state~oide, end providing far a championship. ~ ~- ~orr~ni.ssioner De Yurre: We11, listen, I got no problem deferring this until qou get us the information. You can bring it on later this afternoon, whatever. I think that it's important that we know exactly what the numbers ~- ~re and cohere we're at. t Vice Mayor Plummer: OK. We then will ask you, sir, to come back this ~;. afternoon. Do you understand Commissioner De Yurre's request? =what he's ~' l ki f 7 ~ =; oo ng or Mr. Tebon: You want a .total budget. of what I'm doing. Is that what you're ~{ ~ asking for? f 9~ , 1- ~ ~~' N. Vice Mayor Plummer: That's correct, sir. ~? !- . F Commissioner -De Yurre: A total budget of your cost, you know, and i particularly a total budget of your revenues. ~~ Vice. Mayor Plummer: That's revenue, as well as expenses, f j Mr. Tebon: I mean, I could work it up, yes. I could certainly do that. CotnmissioneY Da Yurre: Good. _ ~ Vice Mayor Plummer: OK, then you can come... Ted. i _ ~ Mr.` Stahl: I'd still like to:.. Commissioner Dawkins: If you need a space for work, use my office. } { Vice Mayor Plummer: Ted. e Mr. Stahl.: Just a quick question. Are we going to also in this budget find out the estimated cost for street closures, police, and so forth? -because this is what the 25 percent is based on, not to exceed ten thousand. It's the ~ services of the City, that should be also estimated in this budget. { Vice Mayor Plummer: They're not waived. They're not being waived. ~~ Mr: Stahl: I know they're not waived, but is there an estimate? ~ J r- Mr. Tebon: I've always paid all of our bills for these festivals when we come F } E in. h've always paid our bills. ' - ': Vice `Mayor :Plummer: Yes., They got to pay their. bills. Now, if the police - 'want to donate the security, they can do such. A11 right, we have one other '~'' question that's dust came up. Even though this is for special hours; there's `so many hours a day. Is than correct? ,, ~~, Mr. Tebon: One more time, air. fij ~, ~ s ,. i ' j Commissioner De Yurre: What are the hours? - ~ , ,~i ~ '! ~ Vice Mayor Plummer. The actual event is only for so many hours a day, :` )?}} ~~ Mr. Tebon: Correct. ;~~ ~. Vice Mayor Plummer: How many? -two hours or three hours? .3,s ~? ~'~ ~ t ~ Mr. Tebon: Saturday it goes from 9:00 a.m. until 4:OQ p.m. estimated uponthe -~-t; ` number of teams we get. Sunday the same difference. ~- t ~` ~' Vice Mayor ~lummezi OK, my now question is, has it bean. stated that tiZe `;,. ;. `~ : ; baake-tball ~ what do you call them.... ;: ' . $. ~ ~l~, Tebon: HoQgs. ;" e [. j - .: ~~ 3 { ~'~ - _ '~ _ ' .. - - - ~e ~ _. ,.~. w. - - ~ i Vice Mayor Plummer: Hoops ~- cannot be removed in the time that it is not being used? ~i Mr. Tebons. We Can work with that. Tt puts a burden on the organixatinn,,but k we definitely can work with that. ri 5 Mr. 3tah1: But you estimated closure from 5:00 in the morning until 7:0~ in p the evening. Vice Mayor Plummer: No, 9:C~0 to 4:00 is what I dust heard. Mr. Tebon: Well, that's the actual event, Commissioner. Mr. Stahl: fihat's the actual event preparation time. - Mr. Tebon: But I need time to set this thing up. Vice Mayor Plummer: OK. t q Commissioner Dawkins: OK, I hope now that Mr. Stahl understands that the parameters that we are setting here will be permanent. See, if you're going 1 to impose the quote, unquote, laws on the black policemen, they will go on the z park, the -what is that thing, the Art Festival - it will be on everything. r . Vice Mayor Plummer: Oh, they are. 1 ~ Commissioner Dawkins: Oh, see, all right then. Just don't come and say, we're interested in the closing of the streets here and then come back next week and say, oh, no, they can stay a little longer. OK? Whatever you do -here now must be consistent... ~ Vice Mayor Plummer: Commissioner Dawkins, dust for your information, this,is out of the parameters set of the two festivals a month. Commissioner. Dawkins: It's still events and festivals in Coconut Grove. ' ~ re That' what he. said. And if you're going to have one set of rules, they , going to be stationed.. Vice. Mayor Plummer: Yes, sir. Commissioner Dawkins: We aren't .going to vary from them because this group here happens to be-like me, and the other group happen to be'like him. We ain't going to do that.. `° - Vice Mayor Plummer:. Mr. Mayor, I-have beeareque~ted:by the City Manager to please move a noncontroversial item:.. ~' Commissioner, Dawkins: No. 'i ~; Vice. Mayor Plummer: ...number ten.. The university:is; here and they would like to get it. It's not controversial and z;so move it. !' Mayor. Suarez: OK, < but we have .to act on this :.one. We never -voted on this ° '; one.. `=i Vice Mayor Plummer: Well, they're going to come back this afternoon with a ~~_ breakdown. F~~ ,`. Mayor .Suarez: All right, so it's going to be acted on in the afternoon. ~'~ = Mr. Stahl: Do you know approximately what time? ,~~ ~~;, v ~~ ,k . - .. .. ., .. .. I :1. ~:,~ . ~ L~ - T ~ '! -~~:: !- t, - ~''. y ~1 \-, - ~~ - ~AeAM ~e~ 4$, ~F#~r l k - ~~' . _. .~ r -- --` u~ - .: { j 10. RATIFY MANAGER'S FINDING OF EMERGENCY AND WAIVE COMPETITIVE SEALEb $ID # P~tOCEDURES FOR REPAIRS AND IMPROVEMENTS TO ORANGE BOWL STADIUM FOR 190 ,E COLLEGE FOOTBALL SEASON ($1,859,511). `" Vice Mayor Plummer: Ten, what we did this morning... Gammissioner Dawkins:. Move ten. Vice Mayor Plummer: I second it. Mayor Suarez: As to your item, they intend to take further testimony in the afternoon. Mr. Darling: Two o'clock? Mr. Stahl: Approximately what time this afternoon could... ~ '~ Mayor Suarez:. We resume our consideration of all items at 2:30, Ted. i Mr. Stahl: OK, thank you,.sir. Ms. Hirai: We need to call the roll, Mr. Mayor. Commissioner Dawkins... _1 _ Mayor Suarez.:. There. is no roll to call on that. Ms. Hirai: On ten. Mayor Suarez: Now, unless we're doing ten. I'm 3ust looking at it. It's been moved, seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved .its adoption: RESOLUTION N0. 91-240 A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/STHS OF THE MEMBERS. OF THE CITY .COMMISSION, .WAIVING FORMAL ~' COMPETITIVE SEALED BID PROCEDURES FOR SPECIFIED - REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWL STADIUM FOR THE 1990. COLLEGE FOOTBALL SEASON; RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S. FINDING THAT A VALID PUBLIC EMERGENCY: EXISTED-JUSTIFYING SAID WAIVER; RATIFYING, CONFIRMING AND APPROVING THE CITY '~ MANAGER'S ACTION IN AWARDING BIDS, IN-EXECUTING THE _ NECESSARY CONTRACT, AND IN ISSUING. THE NECESSARY ''!; PURCHASE ORDERS FOR- SAID REPAIRS AND IMPROVEMENTS TO ' THE- VENDORS.. IDENTIFIED HEREIN WITH FUNDS THEREFOR IN ";. 4i THE AMOUNT OF $1,859,511 ALLOCATED FROM THE CAPITAL .IMPROVEMENT PROJECT N0. 404238, ENTITLED "ORANGE BOWL MODERNIZATION PROJECT - PHASE II" - AND IN THE AMOUNT OF $73,195 ALLOCATED FROM THE FY '40 ENTERPRISE FUND. ~` ~~ OPERATING- BUAGET OF .THE ORANGE- BOWL.. STADIUM, FOR A ',~ TOTAL AMOUNT OF $1,932,706. '~:~. ~,' (Here follows body of resolution, omitted here and on :"; file in the Off ice of the City Clerk.) ~+i Upon being seconded by Commissioner Plummer, the resolution°was passed .. ~' ~`. and adopted by the following vote: '~j. ~' ' !' ~;~ ~, ?I ` A ai ft ~ ~ tl ' y' _. . ~', y i;~ ~ ~ ~ - - raEsT `..;, ~' ;f- ~~ A~'ES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso ~~ Vice Mayor J'. L. Plummer, fir. Mayor Xa~rier L. Suarez t= NOES: None. ABSENT s None . Mayor Suarez: We're adjourned until 2:30. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:25 P.M. 'AND RECONVENED AT 2:42 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. E 11. .(Continued .Discussion) GRANT REQUEST BY MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION FOR CLOSURE OF DESIGNATED STREETS FOR: 1991 BUD i DRY ROCKING THE RIM OUTDOOR $ASKETBALL TOUR - WAIVE ORDINANCE 10764 PERMIT SALE OF BEER AND WINE (See label 9). Mayor Suarezs ...and members of the public, we're back in session. 7.'i1s Commission please come to order. I think we've got the figures on the MCPBA matter, and I see that we have the principal opponent here, or maybe not any more. And we can dust wrap that up real quick, and-then I think we owed you, Mr. Phillips, a hearing as we promised, and anything else that we have to wrap up from the morning so that we can begin the planning and zoning. Are those numbers that you've looked at, Commissioner, satisfied with.... Vice Mayor Plummer: I'm not sure that I'm happy. '' Mayor.. Suarez: IE you're not sure that you're happy, how the heck are we j; supposed to be sure that you're happy? (G _ Vice Mayor Plummer: No, no, no. I want that they get - how much? -thirty- three and a third? ~`~ Mayor.°Suarez: -I'm not sure I want ou to be ha Y PPY• },; Vice Mayor Plummer: Or I want a minimum guarantee. ,f; INAUDIBLE COMMENTS N OT ENTERED INTO THE PUBLIC RECORD. Vice.Mayor. Plummer:- That's all right with me if they want to proffer:: a - ~r, hundred thousand. I want a minimum guarantee. ', INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ~. Vice `:Mayor Plummer: We11,.wait a minute, excuse me. What do you anticipate '~{ ae thirty-three and a third? Number of dollars, approximately? ~ ~' . Mr. Gerald Darling: Six thousand dollars. ` •~ ~ `;. ~~' `~ ~ Vice Mayor Plummer: Huh? ~dj ~~ ~' r Mr. Darling: About six thousand of the net, six thousand after expenses,.. - ' ~ ~' ( ~: Vice Mayor Plumtper: But he said before that you were going to get tem. ~ ; Commissioner Alonsaz Ten, .,. ~ `'_ ' ~ ~ - - >. , Mt. A~-r1.i,R~ Right, .After-we went through expanses, it camp c:ut to ab~ufi -:$ix :~ ,' thousaa~l, Thirty-th ree percent would bs six thaussnd dollars, ,' ~ Vl.~e ~ay~r Plu~uaerj And Commissioner "Rlne arot.t,sr, "' ycu agree ; tb that? Six -.. ~' - thousand? ~ Qte~n~ ~ thought W@ were trying to ~f t ~'~ up, I1Pt dowp-, ~': _~ . ,; ~.~' _ ~ ?" ~; ;: ;~; r ,,._ .~ _ ,. ~~_ --- • Commissioner Alonso: That's right. We11~ we had no guarantee before that... Vice Mayor Plummer: That too. Commissioner Alonao: ...that it was going to be ten. Mr. bariing: That was a mistake. Vice Mayor Plummer: If I can get a minimum guarantee on that one, baby, you Metter believe I'm going to take it. Mr,<Darling: That was a mistake.- Commissioner Dawkins: OK, split the four with them, J.L. Vice Mayor Plummer: I haven't said... Commissioner bawkina: Split the four with them and get eight. Vice .Mayor .Plummer.: What? Commissioner Dawkins: Six from four... six from ten is four. with them-aad get eight. Split the four s Vice Mayor: Plummer: OK, eight is what .you anticipate, but I want a minimum ~ guarantee. Ten? Mr. Tebon: Five grand. Vice Mayor Plummer: The difference between five and eight is... ~. ~~ Mr. Tebon: That will be the most we've given to a charity of all five events. ~~ Vice Mayor Plummer: Say what? r '~~ Mr. Tebon: It's the most we're going to give to an individual charity for the five events. T; ~. Vice .Mayor.: .Plummer:. Yes. _ _ '' ," Mr: Tebon: Miami:<is going ,to be the most this year. ,. ;,. , ,; Commissioner be Yurre: Now, I got to-say something. You know, I got to figure hat: you guys kaow. what. you're doing. I got to figure that, you know, i' ,1 ; there's got to be some set... !. ;, . Mr: Tebon: Well, it's our first year so... ;. ~~' Commissioner:`De-Yurre: Well, I know, but.T-mean you've <had events: already. R'°. ~ Now you. come; down here :with the idea of saying-ten-thousand,. and you throw out. `!. ~ ~ that figure so, your know, we say, hey, tsn ahousand Ys ten thousand. Right? Now, alL'of a sudden, it seems like if you know your numbers, you never could { have given us ten thousand dollars. So I feel there is a lot of, you know,.:a little;bit of, you:kaow, deviance and, you know, -I'm dust,trying to... you , kaow? :, , ~ ~ Mr. .Darling; :Commissioner, I could,answer that.: What happened was; he had ~ said sn as we-were-speaking.., ~ ~~ ,~' ~ ~ Gomsaisaioaer De Yurre: Yee.. ~ _~~ 4 ~ ~, ~ , l~z'. _: Aarl~.ng: . , .and we dust. , . the :.figure of ten thousand came out. That ~' ~. ~ ~ ~ wasn't a figure, the word .that came out. ~ ~, , ~, Cozsrmgiseioaer De Yurre: .Well, that's a good figure. I ' 4; ~ ~ , '` ''~~ t <<~ M~. ~axl~.ng; it sounded good, but it was in tha back of his +~air as we were ,,. .- ~x ; apeakiag . 5~:: - ~. ~ <. - Gpm~aiss~.oz~sx~ Ds.~!urr'es but whey ha~Pst~~~i to ~t .dur~~g i~t~tch time? S f _ S~ 1. ~~{j ~ _ I: ~~ Ma~'ch 2B, ~9~1 ~`. ~Y ~~. ~ - ,_ ;~ ~~, ~ _ _~ k 1 ;; S ,. _ .. , -- g 5~sfn~lx ~~~~ _ ~ _- , =i t '_ t~iee Mayor Piurt-mers OK, I understand what my colleague is ggying and here's ~ what I'll vote for. You ready? Minimum of eight, or thirty-three and a _; third, which ever figure is greater. that's what I'll vote for. _i Mr. Stahl: that's guaranteed. °-~ ~~ s~ Vice Ma or Plummeri Do y y y you want m vote? Want m vote? Mr, Tebon: Sure do. a; - ' Vice Mayor Plummer: I'll make it in the form of a motion. s_ Commissioner De Yurre: I'll second that and you know, 3ust to give you guys __ ~~ `` a break this year because we want you to come back next year. ~ Vice Mayor Plummer: Call the roll in a hurry. I'm sorry? Ms. Tricia Naron: If I may address you, I'm Tricia Naron... e ~- ' Commissioner De Yurre: Now, on this, now let me mention something. We have I"_ f . established an organism by which all these entities have to go through before they come to us. Even if we're going to bypass... ~- Vice Mayor Plummer: OK, I have no problem with that. `i Commissioner De Yurre: ...you know, the minimum, that it's got to be through `~ them, and they have a recommendation and we can do, you know, what this `~ Commission decides. Vice Mayor Plummer: So be it. I have no problem with that. }33{}~ {6 Commissioner De Yurre: Right? •t Ms. Naron: Wait. Commissioner De Yurre: Sure. Mr. Stahl: That's what I was standing up here was to... that since this is a good organization that by the time these bills are paid, there is always excuses there's not enough money to come up with the exact amounts, so I feel that this benevolence should be guaranteed. before it even starts. A sum of ~~- money, I said five, you say eight. That they get their money no matter what happens in the event that this organization... Vice Mayor Plummer: Oh, that's in advance. i ~_ ~- ~ Mr. Stahl:. All right. That this organization gets their money.. That's ~, ~ important. I ~; Vice Mayor Plummer: OK, now the other area that has to be discussed, OK? ~.;,, Because you know better: than I what Friday, Saturday.,- and Sunday.: night is'in ~~.' the Grove. That those streets are going to be clear of those backstops by ~~~ r r what time? ;. i ; f±. "' Mr. Tebon: We had 7:00 o'clock as the time to cut everything. Backstops out, ;, F ~~ traf f is open. t ~. '~ Vice Mayor Plummer: Can you start an hour earlier and end at 6:00, and have ~' !_ ~ ~, the street open by 6:00? {;~ ~: ~i ` t Mr. Tebon: No later than 6:30. { ;~ : ~ .; ~~~ Commissioner De Yurre: J.L.... OK, can I mention... , . a i;1 Vice Mayor Plummer: Six. ~~~ ~~ ,, ~' Mr, Tebons Six. s ~' Cs~mmiasiomer De Yurre: Let. me throw something out here because we maq use < y >. ,,. :this es as experiment of sorts, Could. we look into the po~sibilitq a~ berg ' ` ~ that thsp are going to ba setting np these hoops, for that e~veni~g closia~ ~~f ~ ' to gedestraa ~aY that area and see what kind of reaction we p get :~ra_m peo id ' 3h. ` ~/: ?~ ~~rch 2~, ~4~i ~fi, ~ 4_ ' - #~ v~ r _. rl~ ~` ~ - .-... ~\}l '1. .. -~ S - i{{~ . 'f l like ore do in New drieans. you knaov, like they class off the evenings to traffic, and see what kind of reaction we get~from the people. See if they like that kind of activity. 1 Vice Mayor Plummer: I don't... Commissioner De Yurre: You know what I'm talking about? ~... _ Vice Mayor Plummer: No. Commissioner be Yurre: Closing off Main Highway from MacFarlane and Grand, ~; end around .that loop to Commodore, so that people can dust walk up and down '~~ ~- throughout the street and not have any traffic for that evening. - ®, +9 ' -_ Vice Mayor Plummer: I really don't .understand. Are you say... you're basically going to be on which street? MacFarlane? Unidentified Speaker: Bill, what's the street? IiiiI 1i Unidentified Speaker: The street right in front of Hooters. ~~ 1,' Mr. Darling: You're going to be on Main, Grand, and MacFarlane. Right in the center Grove. Vice Mayor Plummer: The three of them? ~, ~; Mr. Darling: Yes. j Vice Mayor Plummers Where on Grand? t; y ~ Mr. Stahle The main intersection. ; ~' ~` Vice Mayor Plummer: Wowl r,' ,: , ~- Mr. Stahl: In front of Cocoplum. : ~:. ~ ; ~~ ,. ; _ Mr. Odio: Why do you need to take the bolts out? . , ; Vice Mayor Plummers So you can open it up to traffic, Cesar. i # ; :~ Mr..Odio: Can you open it leaving the things up? ~ Officer : No, we don't want-to leave them up on the sidewalk because ' ; edestrian have to travel... P ~, _ _ ;' Vice Mayor Plumsners OK, let me ask this question. If you're coming north on ~. Main :are g g , .you. oin to divert down to Charles? } ~~ ~~ ~.' Officer Yes.. - Vice Mayor Plummer: _ Are you going to assure me that you're going to put policemen at Charles... a ~. 'j ~~ x Officer Yes, sir. ;. , _ >, Vice Mayor Plummer: ...and Hibiscus? ~~ ~ ~ ~ Officer:.. : Yes, air. _~~ 1 ~, =,, E Vice. Mayor Plummer, Williams and Hibiscus? Thomas and Hibiscus? And Grand ~ ,` and Hibiscus? ; ~ {~ , Commissioner Aawkinss No, only Grand. ; ~ , -, ~{ Vice Mappr Plummer: No, air. No, sir. That's where they got them last tim®.. ~ ~ - Co~mm~.ssions~r Daw)~ins You know, like . I say,. I have. no problems with °3t as ' - , long as tl~it~ is am established procedure. ~ V9.s~e Mayor Elummer: HeYr i decuanded it Q~ the ~octnut ~~'nve..Art ~'satival. ~~. ur t 11 i eQQ~ l+6 7~~~C.~ ~~t ~~7~ ~ ~- ~ ~ } . -. _ ^sw~ i ~' j _~ :' k i Commissioner bgwkins: See, because like you know, like the gentleman said the other day, J.L. , that at boughs and Grand, when they have to go ground, there's nobody there, and they have a problem. OK? Vice Mayor Plummers No, let me tell you what happens. Just so you know. ~ You're coming north on Main, OK? They. divert you at Charles at the Playhouse. - i' _ Commissioner Dawkins: May I cut you off for a minute, you know? xhe other week the Mayor was not here, we left in a hurry because you did not ® philosophize... e Vice Mayor Plummer: Oh, my God. Commissioner Dawkins: ...now today, all day long, you've been philosophizing ~. gnd we don't'get.:a chance to go home, J.L. _ Vice Mayor Plummer: I don't care what you say, I'm not going to be Mayor. Mayor Suarez: All right, are we dust about at the point of final approval then? Moved and seconded. 'i Mr. Fernandez:- Point of clarification, Mr. Mayor... i ;- Mayor Suarez: I was afraid of that. Yes? _ Mr. Fernandez:-What has happened with the requested waiversT ~ R ! _ Vice Mayor Plummer: Granted: ~. Mr. Fernandez: So is part of your motion... t' ~~~. Vice-Mayor Plummer: -That's part of my motion, it's granted. a- t;_ ~= Mr. Stahl: Is that dust for this year or for the rest... ,, k; 3 Vice Mayor, Plummer:. Only this year. ~t + Mayor Suarez: .Well, let's take this year one at a time. Thank you. ,, ~'~ Vice Mayor Plummer: No, not ust this ear. Just this event this 3 Y , .particular ~:: ~ weekend. :,- ' ~ ' ~1 _ _ Mayor Suarez: Just this event this year. Right. That's what he meant. - _ ,; 1' ~' Mr. Stahl: But-they want this event every year. x i Vice Mayor Plummer:. Fine. I;_ <, I Commissioner Alonso: We'11 see. . {4.. ~'4; Mayor Suarez: Well, we'll take that up next year and see how it goes.. OKT ~ , -i' h.: , ,,. ,. .,, ~ , Vice Mayor Plummer: Next year, I hope they're successful. ~~ ;; _Mayor Suarezs With that understanding, do we have a motion and a second, Madam City..Clerk? ;~'. j' ~~ ~. Ms. Hiral.: 'Yes,. air,. we do. ; ~~. Mayor. Suarez: Call the roll then please. ;i {;d ,; , :~ Ms._ Naron::; But.'.. ' ~ ~~ ~;.: ~f Mayor'Suarez: Wait, :we have a clarification. I can't imagine. that we could ~ ~ ~: ~o~a3ibly. ,_ ~ ~. '` ;i Ma. Naron: Excuse me, l'm sorry to interrugt. My name is Tx~icla Naroa, aid ~'; `f . I!tp the-;executive drectox of the Coconut-Grove Chamber <of= Commerce, ~~20 ` ,.y ;; , Maa~'ax~lane Road, I ~u~at would like, .. here they're a:~ki.ng for strait ~ , '~ ~ ~~ ,cloauzes. They#re not $peaifying yvhat those streets are, and are they asking +; ir' .; for ;~ lae~r end: wine pe~°tR~.t? That is not mentioned in this. dQCUSient~ ' , { „ ;.= - - ~• :~ ,- a ~ 7~ March 2$, ~~~~ e. '. _ g}' ~_ `;- Mayor Suarez: t don't behave so, t don't believe so. If it's not... i trice Mayor Plummer: You bet, if it's being put on by $udweiser, it's going to be for... Ms. Naror-: Neil, sir, they are nbt asking for that. '! :; ~~ Mayor Suarez: All right, let's clarify it, let's clarify it. You made your ;i point. OK, is that built into the motion then? - - - a Unidentified Speaker: Yea. ~_ .;' a '' Mayor Suarez: OK~ no, you're not making a motion, J.L. ~ trice Mayor Plummer: Now you're going to get thirty-three and a third percent ;'_ of that beer. ~- Unidentified Speaker: Yes, sir. Vice Mayor Plummer: Not to drink, but profits. ;~ Ms. Narons And are these streets going to be closed overnight? ~ Unidentified Speaker: No. ~ Vice Mayor Plummer: No, 6:00 o'clock. t ; ~~ Mr. Odio: Maybe I should put this on the record so that... - ;` Vice Mayor Plummer: They have to be reopened by 6:00 o'clock in the evening. d•. }y _ A,. Mr. Odio: Let me put this on the record. F - .. - ~ .. Ms." Naron: And you, the Commission... '! Mayor Suarez: Wait, wait, wait .you're not being recognized right now:' ,Yes,. ~ ;; sj _ Mr. Manager. _ _ _ _ ?i ,, Mr. Odio: They are asking for a waiver of requirements of Ordinance Number v { i : _ ~ 10764. OK,' and'. that ~ only... that is waiving... asking.: for 'that waiver:• ± ; ; ; ' Theq!re asking for- a street closures. As,-they said, Main, Grand,` and ~ ~ . MacFarlane.. , ~ 1' •' ,, Mayor Suarez: OK, we've gone through all of this, unless there.': something ~ i ;^ u new that we need to... ~ ~ ~ ,, Mrr,Odio: No, but I.:. 3ust so-that... because I know .what she's saying. ~~ ~ ~, ~ ~ They .have also... - z: " Vice Mayor:-Plummer.: No, ;he's doing it for. the... City Attorney. ~ i. i,_ Mayor Suarez• Maybe you know what.~he's: oin to sa next but Z sure don't. ' 6 g y ~ ~ '~ pj ~ Mr.•:Odio: Na, they're :requesting _a waiver of the.25 percent fee.< ._ `~ ~':~ ~ Mayor Suarez: Right. _ - _, ~;`- ~' ~ , ~,: Mr. Odia:- OK. You will also have to require, and you will also have to waive' ~ ~ , ~ '~ the requirements of the ordinance of the 120 days prior to an event to be held: ' ~ , ~ there. ~ You heve` to waive 'that. ~ r ~~~: Commissioner Dawkines So we waive that. '1 'Mayor Suarazr Ail right. '. _~ ~'4 M~',.Adios OK? So that's it. x~- ~ ~. ~ : , Mayor' ~u~~e~s X11.1 the techn~.cs~iities that 6Q with this are waived. j , . ,, , ,, ~, klr. Odio: ~ You have` tq w~,iva;all of th,~t as~id yau~ra A1C ~. .y Mayor Suarez: ,Right. Now ~.>~ ~hex~e an,y clarificatiAa? Y <~, . y~~t ~ ~. ~ _~ .. ~ - ~ _ ` 1 ~ 1~ ' ;. ~, Commissioner De Yurres OK, now:., I need... Ms. Karon: So you're waiving the 25 percent? Commissioner De Yurre: Hold it, hold it, I need... Mayor Suarez: Wait, wait, wait. Commissioner De Yurre. unidentified Speaker: If we don't want to waive the 25 percent fee. Commissioner De Yurres Now, I'm looking at this instrument right here, this one here And they're guaranteeing $6,000. Vice Mayor Plummer: No, they're guaranteeing eight. Commissioner De Yurre: No, no, in this one here. Vice Mayor Plummer:. Forget about this one. Commissioner De Yurre: Yes, I know, .but I've .got to make a point with this. Here they're guaranteeing six, but they're giving us $2,625 for the 25 percent charge that they have to pay. Now here we're waiving that and they're upping the ante to eight thousand. They're going to give us $8,000 now. Now all of f~ it a sudden, we're $625 worse than we were when this whole thing got started. ~' Mr. Odios Make it eighty-six twenty-five. _ - ~: {~ Commissioner De Yurre: I mean like, you know, what are we talking about here? ,, _ Mayor Suarez: I, for myself... ;:. Commissioner De Yurre: You know what I'm talking... you understand what I'm saying. } Mayor Suarez: .. .cannot. take this Commission's time to argue about $625, but '~ if ,y.ou -do, if you want to do that, build it into the motion or modify the ~'~ motion so we can get out of here, folks. We got other things to handle. '' t Vice Mayor Plummer:. Ted, Ted, keep a copy of this because it shows in here 25 percent to the Coconut Grove Festival Committee. `j; ,_ Mr. Stahl: I don't have a copy.. 1 1;_ _ Vice Mayor Plummer: Come get it. 4 ~? 1 Commissioner Alonso: But before we had no guarantee of .anything. They said . t ~~. ~; ~` they.. were hoping to give tern thousand, but there was no guarantee. Commissioner. De Yurre: This looked like a guarantee to-me, this here. i ii- ;~ j Vice Mayor Plummer:. Twenty-six, twenty-five. Make sure you get it. ~, ~; ;} J S ? Commissioner Alonso: No, this one when we asked and they-came back with this, but remember, when they came in the morning talking about ten... ` Mayor Suarez: You thought that was an estimate. Now we're trying to make it i ~. ~; . a guarantee. _ :~ ~ ~~ Coauni.$sioner De Yurre: OK. ~~ ~ }I ~ Commissioner Aionso: ...it was no guarantee before that. ~ ~ . ~ Mayor Suarez: OK. '` Mr. Fernandez: Mr. Mayor. ~ ; , ' . ~+~yor Suare~s .Yea? ,,, ~ ~' ,. 7~ - ~~,~ M~'. f'ernandeg: ~'tn ult~.mately re$~oaaibie for writing ieS~,e~.atl4n that e ~., ~C~al3X~~Ll~~.<~'@~~B~t$; your d~.8C1<i6S~QA... ~_ + ~~ ; ~ ~ ~ ~~ ~tar~h ~~~ ~~~~ _ v, ~ " r J, ~° ~ :~- „~ ~ • Mayor Suarez: We're aware of that. Mr. Fernandez: So, would you be so kind to please state on the record again for My benefit - granted I'm a little bit slow - exactly what it is that you're waiving. Mayor Suarez: Boy, we certainly... go ahead. Oommissioner De Yurret What are we waiving? Mr. Fernandez: You're giving them a beer and wine... Mayor Suarez: The Manager was beginning to do that rather in orderly fashion, and I interrupted him. I thought that most of the principal elements of this were understood, and I was hoping this wouldn't be so painful. My, Godl Mr. Odio: Let me repeat this. You are waiving Ordinance Number 10764. Commissioner Dawkins: What is ordinance one, oh -whatever it is7 Commissioner De Yurre: Yes, wait till Earl Phillips gets up here. Mr. Odio: That's the ordinance that controls all the events in the Grove. ~_ Commissioner Dawkins: No, read it to me. If you're quoting it, read it. !' r ~+ i ~ Mayor Suarez: That's the festival policy ordinance of the Grove. OK. . ` Mr. Odio: I don't have it here. ~~- :a ;' ; : Mayor Suarez: That restrains the nvunber of events. The one that limits the n~cimber of events. Vice.Mayor Plummer: I love these noncontroversial items. ~~ Mr. Odio: OK, let me tell you what the .ordinance does, Commissioner. It controls. the number of events in Coconut Grove. 'i Mayor Suarez: We got through that. ' ' ~ Commissioner Dawkins: Don't .do that... i ~ , Mayor Suarez: We dust went through that. Go ahead the rest. ,, ~: Vice Mayor Plummer: I wrote the ordinance. You're going to tell me what it Says ; _ Mr. Odio: Well,~he's asking me. T Mayor'Suarez:- Go ahead the rest. No, no, but wE solved that. a ~ ! i, . ~ ,'{ . i. ~, ~~ ' Mr:.-Odio: OK, a street.... `' Mayor Suarez: It controls the number of events you can have in the Grove. ~~ Mr. Odio: He's asking a street closure, MacFarlane, Main, and Grand, ~- f, ~ Mayor Suarez: Right, we got that in the record. ''! ~. ~~ _, _ ~ Mr. Odio: They are requesting a waiver of the 25 percent fee. They're also ~{ I asking.. , . - '~- _ ~, - I ~ Vice Mayor Piummers No, no, no, no, that 25 percent fee is in their budget, ~ ,~ , . . ~, Mr. Odio: It is, but they're asking for a waiver. ~ ~ ~ , { Vice Mayor Plummer: No, no, they're not. No, no, absolutely not. Mr. Qslios OK, , . 4~ ~` Oo~tniss~.que~ Dawkins: They sre nQt, +' ~~ , ~~. ~.. ~: ~~ 16 ~~~'~~ ~~~ 3~?D~ , _ ,, p.. ~ - . °--°~ - ~R "~ '~ ' (~ l - Mayor Suarea,: Now we're doing it the other Way around. Now we're doing it by 1 way of reduction of... Vice Mayor Plummer: They're paying it. Mrs Odiot OK. They're also asking you waive the requirement of the ordinance ~ ' that asks them to apply 12b days before the event. Vice Mayor Plummer: That's fine. Mayor Suarez: Right. j Mr. Odio: That's it. Mayor Suarez: OK. _ Mr, Fernandezs What about beer and wine? Vice Mayor Plummer: Beer and wine? ! i 1 s ~ 3. Mr. Odio: Beer and wine. It's not here. {, Mayor Suarez: Last .clarification.. No clarifications. We have a motion and a - second. Understood? Call the roll. Vice Mayor Plummer: .Beer and wine, because if they don't do that... i Mayor Suarez: And beer and wine permit included. Mr. Odio: You did not ask for beer and wine... Mr. Tebon: Yes, we area Mr. Odio: Beer and. wine. -.~ Vice Mayor Plummer: No, sir. They are paying .the 25 percent fee. It's in that budget. ~_ Mayor Suarez:' And by the way, so ,everybody knows, the last. time I looked - unless I'm to be corrected, Mr. City Attorney - the City Manager had the discretion of. closing streets, and I-think granting ;the beer and'wine permit. ~ Did he not? : f Mr. Fernandez: No, he did not. This Commission... f ,; Mayor Suarez: Closing streets, .yes? ~=" ~!~ Mr. Fernandez: No. _ Vice Mayor Plummer: No, we talked about it. ,. Mayor Suarez: I: could have sworn we did that in an ordinance. ~'r Mr. Fernandez: No not. I Mayor. Suarez: Anyhow, I hope that we have some system where all of this ~ ~'~'" doesn't .have :to-come to the Commission every time, folks. - ~ ~ ~ Mr. Odio: They .did not ask. for beer and wine. They dust asked for it now, F ~' ;~ but we would like to go ahead and add that, beer and wine sales. ~ ' YL ° Mayor Suarez: Call the roll. , ~ ,; """ Commiss~icner Ae Xurre: Is that part of the profit shown here? f ~, -~ '~ ~ f.. Mar. Odin: I>~ that part of the profit? `~ Mr. Tebon: Yea. ~ 3 ._ , ~Yi ~ ' T ,' ~ t~~yor .Suarez: Ali. right, Gall the roll. _ ~ -~ .' ` '" ~ a' ' ~ ; ' , ~~ ~iar~}a ~$, ~+~Q1 3 '~. a ,. -~ ._ ~~ ;_ ~ ~. - _ ".i - ,.~ .,~: ~, Mr. ~'ernafldez: And it's understbbd that they moat have the streets ready for } traffic at 6:00 o'clock. f ~.. ~iiee Mayor Piummers CA11 the roli~ - ,_ ~.. ~- Mayor Suarez: Yes. ~. Vice Mayor Plummer: Can I call the question bn the City Attorney? ~ `~ Mayor Suarez: Call the rbll. - ;l; The fbllowing resolutibn was introduced by Commissioner Plummer, who mntred its edoptibn: RESOLUTION N0. 91241 A RESOLUTION RELATED TO THE 1991 BUD DRY ROCKING THE - RIM OUTDOOR EASKETBALL TOUR -MAY 4-5, 1991, GRANTING THE REQUEST OF EXCLUSIVE SPORTS MARKETING, INC. AND 'THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION FOR A WAIVER OF THE REQUIREMENT OF ORDINANCE N0. 10764 THAT ONLY ONE STREET CLOSURE TAKE PLACE PER MONTH IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT; WAIVING THE ~` REQUIREMENT OF ORDINANCE N0. 10764 THAT THE ORGANIZERS OF SAID EVENT SUBMIT THE SPECIAL EVENTS APPLICATION TO CITY AT LEAST ONE-HUNDRED AND TWENTY (120) DAYS PRIOR TO THE DATE OF THE EVENT; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC '4 ~ SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF- POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; '` ALLOWING 'A TWO-DAY PERIOD TO THE ORGANIZERS FOR THE k, SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY '~ LAW; SAID ACTIONS BEING CONDITIONED UPON EXCLUSIVE s SPORTS MARKETING, INC. PAYING THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION THE AMOUNT OF $8,000 OR ~' `33 1'/3` PERCENT OF GROSS PROCEEDS, WHICHEVER IS ~' GREATER; FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS UPON THE HEREIN ORGANIZERS PAYING FOR `j ALL NECESSARY COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH THE EVENT AND OBTAINING INSURANCE'. TO j PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE ~ ~~~ CITY MANAGER OR HIS DESIGNEE. L: - ;'_ ' (Here follows body of resolution, omitted here and on file' in the Office of the City Clerk.) '° ~, Upon being seconded by Commissioner De Yurre, the resolution was .passed `. and adopted by the following vote: ~'' AYES.: Commissioner Victor De Xurre ~~ ~~ Commissioner Miller-J. Dawkins <`; ~= Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. _~ Mayor Xavier L. Suarez ;;i ~~ NOES: _ None. - ,. ' 1- €:: ABSENT• None. ' ~. ~ ~. nN 6 jl .. ,~ `~ ~: 'I r- ~ 1 ~, 1 '~ _ '- '~ ~, ~ A ~~ ,~ i j ~r ~ ~' i ~~„ ,. ._ ~;:' si; 12. AUTHOR22E ISSUANCE OF REVOCABLE PERMIT BETWEEN METROPOLITAN DADE COUNT AND DOWNTOWN DEVELOPMENT AUTHORITY FOR USE OF COUNTY~OWNED P~tOpERTY' AT N.E. 2 AVENUE BETWEEN N.E. 1 AND 2 STREETS AS AN OUTDOOR DOWNTOWN RECREATION CENTER. ``~ i ;F ;. - ,~, Mayor Suarez: The DDA that you have was a noncontroversial, truly noncontroversial. Commissioner Alonso: Yes, 3ust... dust like this one. Mayor Suarez: Not problematic, not to create any problems, not to detract froth the HttD item that - hye, guys... Unidentified Speakers: Thank you. Thanks. Mayor Suarez: ...et cetera, Matthew. Vice Mayor Plummer: And the Mayor is prohibited from throwing basketballs. Unidentified: Thank you, thank you, again. Mayor Suarezs Nature has taken care of that. Yes. Mr. Matthew Schwartz: I hope it's not controversial, I'm... what we're asking for... Mayor Suarez: It's already controversial if you can't tell us without giving us all kinds of documents and things. Vice Mayor Plummer: Miller. I move to defer until -they've worked-out their problem with Commissioner Dawkins. Commissioner Dawkins: .Second. Mayor Suarez:, Moved and seconded. Vice Mayor Plummer: This will keep it from being controversial now. Mayor Suarez: OK, or table it? ' i Commissioner Dawkins:. No, no. Yes, until the next meeting. - Vice Mayor Plummer: To the next meeting. f Mayor Suarez: A11 right, then continue it to the next meeting. Do you want ~~ to try something-.on that.,. Matthew? ~~ Mr. Schwartz: The only thing I can tell you, that we may lose... we "` y probably.,. there's a good chance we'll lose the sponsar if we can't have this approved.. ` Commissioner Dawkins:. You know, every time you guys come before us, you>come at the last minute, the day before its going to happen, and then :you tail us, _,~ ~, if ys~u do not OK this, I wily lose the sponsor. Now, let me ask you'in front ?~' ~ !: of :Qy " :fellow Commissioners. What was the date, to the best of- your , ; " reaollectioa,.that this was thought of? Give me a date. 1~ - . Mr. Schwartz: This goes back eight months, Commissioner, ;~ ~~' . ~ ~ t ' ~'' " Cpnunieaaaner Dawkins: Eight months? - ~ ~~ ~ `. ~,~ Mr.-Schwartz:` But, Commissioner, we were not,.. . ,: 3 - Gpmmisss~z:€:r Dawkins W$it a minut8, no.. , a ~~; ", , . }' ,, Mr, ~eY~waxtz s , ..but eve were n+et ia.. , - .~ i'~ ,_ .. -- ~~ r. ~ 7!9 ~ar~h ~$ ~ 1991 - '. . ,t i a Commissioner Dawkins: No, wait a minute nowt Wait a minutes OK? Eight months this was thought of, eight months ago, right? And novo, all of a sudden, you bring this up today, you thought of it eight months ago. Now today you come, and if I don't do it, you're going to lose the sponsor. Mr. Schwartz: Commissioner, the original proposal - and it was until Monday and we were hoping to resolve this - is that Miami-Dade Community College would be leasing this property directly from the County, and at a later date, we would come in and lease it also. In fact, the college, their cost restraints and inability concerned about liability for the park when they're not there, are unable to sign the contract with the County. The DDA cannot sign a contract leasing property without City Commission approval. Originally, and the intent was really not to get... the DDA to get into the parka business. And to make this thing happen, and one of the things that has happened with the Commission is they complain that DDA has not been pro-active and out there on the street. This is a grass-roots type project that comes from the businessmen to make something happen. To create some street life on 2nd Avenue. Commissioner Dawkins: All right, let me tell you, everyday... Mr. Schwartz: And I'm sorry, I... 7: Commissioner Dawkins: ...everyday the merchants come to Miami-Dade Community College to me. All right. From N.E. 1st to N.E. 2nd on N.E. 2nd Avenue, the first thing is a shoe store, then you have a photographic store, and you have a store that sells sporting goods. Then next to that, there is an eyeglass place,. and then you got other little small shops. These people are struggling to stay in business. They cannot stay in business because my police are correct in- up in front of their store says a sign, "No Stopping and No Standing." So therefore, when people stop to get out - even to get out of the car.- to go in to shop, they get a ticket. I've been trying to work with Off- Street Parking and Dade County to take this piece of property and make a parking lot out of it so that those merchants can get some relief, and when - they get relief, then the people could go across the streets,. park at a metered place, and come back across the streets. All right? Now, if qou can show me before the next meeting how you can indent in, in front of the stores, and put-two parking spaces, I have no problem with it. But don't tell me that Miami-Dade wants to play basketball there when if you go behind McDonalds, under the Metrorail - I mean, Metromover - it's all the space you need to put basketball :hoops. But no, you guys want to come and take a choice piece of property next to the Congress Building, which is falling down, and the Congress Building could fall in on the basketball courts any day. So that... but I'll tell .you, like you said, I'll defer this. Matthew, I'll sit down with you, either in your office, or at the college, and you can show me the errors of my wisdom. _ Mr. Schwartz: Or ours. is Commissioner Dawkins: No... OK? And ii you're going to talk, I'm against it automatically. Go ahead, go ahead, Rafael. Mr.- Rafael Capustin: My name is Rafael Capustin, and I'm a businessman. in downtown Miami for 18 years. I'm in the board of the Downtown Development Authority, and in the executive committee. It was not our intention to come `` here at the last minute to put you Commissioners in any kind- of a difficult j situation. However we, under the direction of this Commission, have gone out 'a of our way to make something happen in downtown Miami on the streets to create ~ activity. We're here because we're taking the responsibility that you have placed upon us very seriously. It is not our business to be doing what we're ~ doing, which is raising funds from the private sector to do what the City of ~ Miami has no money to do, and Dade County has no money to do. I, for one, Commissioner Dawkins, have worked with Dade County on behalf of Dade County •~ and forafree, for.. the last ten years to see something happen in this corner, ', The only person who has benefited of buying this corner and paying 5110 a 'r. s oars foot when it .was appro riated for the Peo lemover is the 9 P p gentleman who µegd to own. that property, Ever since, this has been a wasted corner. You - a~e correct that we need parking, but the merchant, - it was, in;fact, oa ,° behalf of a ,merchant of 2nd Avenue ~ just within walking d~.etance of that .` gorner, the one who worked with Raebock to convince ReebQCk to pay ~.~ fill for e p~ofesaional basketball, and for all the,., to clean up that, earner, wh~.ah `: ':; the Ca~anty has np mon~ay to da,.and the City hay nomoneY ta.do. Now, you aria &Q Marala ~~~ ~Si91, r -- ~: - ~` }. -~ v Correct, we need parking. We are willing to work with you on the situation. g . 'You yourself have said that you have been working with the County and aff~- Street Parking and, unfortunately, have not been able to do it. What we're doing, so we understand is, we are under a one year permit. It's fast a one year permit, and Reebock is willing to spend all this money understanding that it ,could all go to waste after one year. Mayor Suarez: How much is all this money, Rafael? Mr. Capustin: Pardon me? -: Commissioner Dawkins: Twenty-five thousand dollars. Mayor Suarez: How much is all this money? Mr. Capustin: It's about $35,000. l , ` . Commissioner Dawkins: It went up ten since you left my office. , ~` Mr. Capustin: Pardon me? _ , ;, ,; Commissioner Dawkins:- You went up ten since you left my office. ~ Mr. Capustin.:. Yes, sir, because they're also sponsoring the Grand... t { Commissioner Dawkins: Now, it was $25,000 when you first talked-to me. Mr. Capustin:- Twenty-five thousand for the work to be done there. They're sponsoring the grand ..opening. - Commissioner Dawkins: OK, I'll tell you what. I'm going to withdraw my objections, OK7 And I'm going to let you put your basketball diamond there. - And I guarantee you that in six months, it will be nothing there,. but homeless people. I withdraw myreso... I withdraw my objection. ' F - Ma or Suarez: -Well assumin that this asses the DDA better ,be read Y - B P , y,.. not ; tl ~ t0 • • • .. .. _ , `s Vice Mayor Plummer: DEA? ~ Mayor Suarez: Yes, Downtown Development Authority. « Vice Mayor .Plummer: Oh, DDA. y Mayor Suarez: Yes, not the DEA. The merchants, all the do-gooders and the interested people and everybody else, that what he just said might very ,well :~`' ' a happen, does not happen. And that after today, we have the continued '! }, involvement, Rafael, which we appreciate on your part, Matthew to the point of '~. -~' -._ what we do with some of the other City projects where people are working, really..-24-hours a day...I mean, nobody goes home. around here-at:5sD0 p,m. ° You obviously ;are there, and some of your: fellow .; merchants, are! there. Yau!re '' ,h! keeping your; stores open, hopefully, later and later. We all have to have a ;~ hand in this, otherwise it's not going to work. Otherwise, it's. going to be ~It as Commissioner Dawkins described. So you have a continuing obligation. I - know that you can say, I don't have any obligation at all, but you've gone: _'. -thsfar,,please.-:secs t it et this done and p , g , get it done right, -' ; ,; ~ `~-' .' Mr. .Caput~tln: Thank you, sir. Mayor Suareat Thank you, All right, I'll entertain a motion on the item. ` Y~,cs Mayor l'lummsr: Move it, } F: F, ~,'„ k~ayor Suarez: Moved. ,;}{7 ~.`.~ I~r. Jorge Fernandez: And 1st me read to you the item saying that it's a 5 ~. pocket item, ..:: ,.;- ~, ... THER~JPON, T#i$ CiTX AT~ORNEX READ THE ltESOLUTTON INTO TFiE E~L~C -~' r,:~ R$~S?RD, DX ; T1TI~ S9NI~Y~ a- ~. Thax'a the way that the eg~.s~letion reads, and that's what yours votlnp on. _ . .; .r= , ~_ _ Vice pia six Dlum~nar: ,,how, >you~re y provld~.ng tho ~~.la~~llty ine~uzar~ca, ,`~ _ Sl ~Jarc~ ~5,199~. ~ _ r r Z - ~. , - . }S' ~, T ~, i Mr. Capustins 'Yes, sir. 'Vice Mayor Plutnmers OK. , ~`- Cammissioner i~avlkinst Mho's responsible for the maintenance and upkeep o~ they facility? Mr. Schwartz: The Downtown Development Authority solely. mice Mayor Plummer: They got so much money they don't know what to do with - it. Mayor Suarez: Call the roll. - The following resolution was introduced by Commissioner Plummer, who - ~. moved its adoption: ~' ~', RESOLUTION N0. 91-242 ,, ~' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTION OF A REVOCABLE PERMIT AGREEMENT, IN A ~- FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR COUNTY-OWNED , PROPERTY LOCATED AT APPROXIMATELY NORTHEAST 2ND AVENUE !< BETWEEN NORTHEAST 1ST AND 2ND STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE PURPOSE ±. OF PROVIDING AN OUTDOOR DOWNTOWN RECREATION CENTER; ;( i~ SAID LEASE SHALL BE FOR A PERIOD OF TWO (2) YEARS WITH OPTIONS FOR AN ADDITIONAL TWO (2) YEARS. ~, r (Here follows body of resolution, omitted here and on , file in the Office of the City Clerk.) i~ Upon being seconded by Commissioner De Yurre, the resolution was passed '° ;. and adopted by the following .vote: AYES: Commissioner Victor De Yurre ~; _1 Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. #; `Mayor: Xavier L. Suarez NOES: Commissioner Miller J. Dawkins. '` ABSENT: None. $: 13. PERSONAL. APPEARANCE BY GABRIEL READ (MIAMI .DADE COMMUNITi~ COLLEGE)' - REQUEST CITY TO SEND RESOLUTION T0; GOVERNOR LAWTON CHILES URGING '' - ~~~' t FINANCIAL SUPPORT FOR MDCC. ~; ~. ~ ~-, Mayor Suarez:- Item... _~ -~ t ~ ~~ Commissioner Dawkins: Mr. Mayor, before you... - ~ °E ~~~ Mayor Suarez:: Yes. ~~- ~ ~ Commissioner Aawkins: Gabe Read has a pocket item, please. Come on, Gabe, so " ~t .`.. . you fan -slate what you have to 'state- and leave . No, Gabe Read; `Gabe Read. '~ k~ Since`. we're on Miami~Dade, we may as weli get another Miami-Dade out 'of 'the ~# ~ ~)_ wa y' Mr, Gabz~el Read: Good aftexnooa. On behalf of the students ansi tacuty... ~~ a ~ ; ~, ~ Ytce 3~ayor p],ummer~ pu~~ the mike up. ~ ' ! ~ ~aYor` ~us~e~a Yc~t~'~re gQi~-5 to have to de~lz:lteiy mova the mike you ra a ~ { s~oft~poke~; ~s ~ aoser to you aQ- wa Gan have $o~ae tdaa what ..yau'r4 auy~ing ~ ~, S M~. Read;. T~ ~k ~ ~ 4~ 1'~si'~as ~~, 1~~4 ~ ; r~ F- ~a ~, ,;, ~, ~ ~ Mr. Reads On behalf of the student and faouity and administration bf Miami Dade Community College, I vivant to thank you for this opportunity to present this issue to you. Mayor Suarez: Not the funding. Mr. head: Please? Mayor Suarez: Not the funding issue. Mr. Mead: No, no, no, this is a resolution asking City... Mayor Suarez: Governor? Mr. Read: ...City Commissioner to send legislature... to Governor Lawton Chiles in the Mayor Suarez: So you won't have to turn away any students. Mr. Read: Right. Mayor: Suarez:. We dust signed that. I signed it, Commissioner Alonso signed it... Vice Mayor Plummer: We dust signed it. Mayor Suarez: ...Vice Mayor Plummer signed it. I don't think anybody here-is not going ;to .sign it. { Commissioner Alonso: We did. Mayor Suarez: - So we can give you the good news that it's even in a proclamation form. I have no idea why. It's supposed to be dust kind of-a iv F resolution, right? ~ Mr.-Read:. -Well, it's a resolution asking for the..reconsideration. But I ;j- thought that it was necessary to speak to the issue, then you vote on it. But you've already done it. Mayor Suarez: We've done it. We've done it without a formal motion, but even ` 3 better than that, everybody signed the resolution. I think Commissioner De , ' Yurre probably has it or has already signed it. Signed it already.-.. `:~ 3 ~ Mr. Read: Oh. Well, thank you. I Mayor_Suarez: Now, you know a resolution sometimes is worth the paper .its ~, written on. If you want more active-.involvement of. this Commission, in; my: ' office, any of the Commissioner s offices, et cetera, don't hesitate to go the { extra :mile. .Sometimes you have to beat upon Tallahassee. I mean, to me, I ~ . ~ told the people that were up there - in Tallahassee tha `other day .it's a shan-e' '. ~~ that in the state budget of 29 plus billion dollars, they can't -:find enough money to-,continue accepting the students at 'Miami-Dade.- Community 'Col'1e$s3, ~~ ~ which is the-largest community college<in the country, and.. by::many`'.peop~.es' ,F, ratings,.. ;one: of the best, and-so integral to the development of this.cflmmuttity that:' theq. cant t find some other places. in the state... budget to ,reduce so..;that people don't 'have: to' be: turned away from Miami-wade Community-Collesge. It"~ 3 ~ sl' ' never happemsd before, : by the way.:' .I don't chink any ,qua7.if led.; applicaa.t; hss ` ! never been turned>away; right? ' ~Cr~ - ~ ~~: Mr. Reads Right. _ , { ,. ~,- - Mayer Sueroze; And that .this yoar,-that the state is .not really doing all ghat f { , bad fin~:naia~.ly. I haven't seen any .great drop in the GNP of tho State of ~-` ; Vii ~'l+orida` .ar anyt~#~ag like that, .that . ~2~oy can't find sa~ao why oi' m~;ntaizsiAg ' . } i - Miami~Dade Community Goiloge. To sae, that's preposterous, and i would argue a r ~r that to:~ha appropriato committoo is ~ailahasasjo if you let me know.tk~o d~q ~€ ''~~ ~~ ; f, the hear~z~~a, and I'll ~. bsa up: those, if-you.. want, ~d I'm auto the xest of us _ ~f ,: . , would, sad Mo cameca7.l his bxother. ;: ~- r'~' fir. Re,~d: 'l~li right, wnii ~v~'ii>dQ,.t~at. ~~r ~a~-o s~o~-s a ~v~s~er 9f di#~eroa~ ~~.. ~~ ~ things ..and this is QDe ~vo-ntae '~hrQU$h :tho ~~ti+o~ az~d:: tkt~'vt~~h tk~e Dads i.~aguo ~.;: 4~ ~itie~. ` ,~: ... ~~ M~~'~h ~~.~=~p4~ < .- .. 1 . ~'; t,F ~ ~ - _ , Mayor Suarexs What are you up to in the enrollment? Haw mane students do you have? -eighty some thousand? Mr. Read: No, we have 110,000. -;~ Mayor Suarez: A hundred and ten thousand students! That's incrediblel A11 fight. Well, you got the resolution and it should be in the hands of one of the staff here. She does. He has it right there. Mr. Read: Would you forward that, not only to the Governor, and to the... Mayan Suafezs Yes, to who... Mr. Read: ...Senate President, but also to the Dade Delegation. Mayof Suarez: Ta the Dade County Delegation, absolutely. But you know, the hearings and the emphasis and lobbying and making sure that the City has lobbyists so we can help you with them, and all of the other things that-you have to do to get things passed in Tallahassee are a lot more than just a resolution, so... Mr. Read: All right. Thank you. 14. PERSONAL APPEARANCE BY EARL PHILLIPS, DIRECTOR OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) OF DADE COUNTY TO DISCUSS HUD BUILDINGS WITHIN CITY -DIRECT MANAGER TO ADVISE COMMISSIONERS OF POTENTIAL IMPACT OF TAKING $1,000,000 OUT OF THE ECONOMIC DEVELOPMENT PORTION OF CDBG -FUNDS FOR DEVELOPMENT OF PUBLIC HOUSING. ^ ~1 Mayor Suarez: I'sn inclined to hear from Dade County HUD. In view of the fact that-you're a public official, item 8 we'll hear, right after that, so we're just-skipping one and get right back to item 8 which is an... Commissioner De Yurre: Remember 8, we've moved. back to 4:30. Vice Mayor Plummer: No item 8 is 4:30. Mayor Suarezs Oh, that's the one you moved back to 4:30, thank you, perfect. ~~ All right, we're not too late. -. ~' Mr.' Earl Phillips:` Thank you very much. Mr. Mayor, members' of the Commission, `my name is Earl Phillips, and I live at 151 S.E. 15th Road, and 3'm the executive director of the Dade County~Housing and Urban Development - prograsn. Vice Mayor Plummer: Congratulations, you live in the City of Miami. Mr. Phillips Thank you, sir. First, I want to .thank Commissioner :De,Yurre for placing us on the agenda, and allowing us and all of you, for .allowing me to come before you this afternoon, and just speak for a few minutes about some vital 'concerns that we have. as it relates _to public housing: in the City of !!1 ;- Miami and in the County of Dade. We have constantly been told that we are the `' ~ '+- largest`landlordin the. State of Florida. We nave 104 developments, .and of '' those 104 developments,-with a total of 12,196 housing units, 51 of tk~cs3e ' developments are within the City of Miami. ' ~ ~? 3- .. ~`~ : Mayor_Suarez: And the number of residents in the City of Miami is roughly ~- 12;000 too, by Coincidence, isn't it? ; f ~ . r~ Mr. Phillips Xes, there are 12,000 residents that are .living - a total.... ~ `° ' :~ayor $uare~: Twelve thousand units in the Cou:'xtYz 12,000 rea~islents p~ xhos~e ~~ ;': ,12,O0Q `upite in the City. ghat makes it a iittlr: easier to remember, ; Mr, Fhillige: Xesi ahd .there are 4,000 elderly units; a>1d 3,QOp family uz~-~ts;, .- tsats'iiu~ry,fl00 units in Miami, Fifty-s,~eve~ percent of Qur uDite in Miami have !',~ ;~ scm~ ~~004 resis~enta. Berg the largest landlord in the.. , :ak ~4 ` Marsh ~~,1~Q9i . .~ , -- -- - - - - - -- - ~. Mayor Suarexs ghat includes public housing and elderly housing. Mr. Phillips: I'm sorry? Mayor Suarez: Of the 12,000 in the City includes public housing and elderly Mr. Phillips: Yes, sir. Mayor 5u$rezs Do you have any breakdown on that? Mr. I'hillipsa Yes, I just mentioned there were 4,000 elderly.... you mesh in terfis of the... q. - Mayor Suarez: Residents, just to... ~' Mr. Phillips: ...the residents... ~, Mayor Suarez: It might be 5 and 7. #. Mr. Phillips: Yes, I think it's like 7,000 in the family units. Mayor Suarexs And five in the elderly. Mr. Phillips: And five in the elderly. And it may be just a little variation ' ;; on that. ,Being the largest landlord in the State of Florida, it's interesting '. ~> to note, and I heard one of the Commissioners speaking earlier to someone this morning, that you, as Commissioners, are here in a landlord capacity in dealing with landlord-tenant matters. If I may just say to you that I see ' Dade County HUD as a landlord that-is representing your interest in land that f is here. in the City of Miami. So, in essence, I am an employee of yours, acting on behalf of you the landlord, of these residents that live in the _~ City. And in that,-regard, I'm here this afternoon to ask you to just-listen. for ,a few minutes, and to consider some of the concerns and needs .that I'm _, coming before you asking that qou take under serious consideration. Of the fiscal ,year '91 operating.budget which is some 42.6 million dollars,'. which` includes $17.4 million in an annual contributions contract .from the° Uhited ;~ States.,. Department. of Housing and Urban Development,.. and 7 mi111on dollars from .the-,County general fund, we are, at this point, putting a considerable amount .~ of ..money into the. City. of Miami. Since 1978, we've received some 83 million.: ;;a dollars.,. in federal .assistance to repair and modernize public -housing.;'. And'.. that's -using. CIAP (Comprehensive Improvement Assistance Program) monies and ~, . MROP (Major Reconstruction of Obsolete Public Housing) monies. The majority ~, of these funds have been.-received,. however, since 1986.... In;over $45,000,;000 ;;- ` '` of. ,this amount that I've mentioned, has been spent, or is obligated to be :~ spent, in the City of Miami. Fifty-four percent have and will be spent in the _ _ -i ~' City., by 1994 of.:that ,.total .amount of money. We've almost completely ~, modernized Edison Courts and Victor Homes and I think if y , you were to .ride _ ~~~ past or .stop and go in, you. would -see. that both of them are .truly outstanding j ~~, . . developments for people to live in. Liberty Square is... { : .. " t .. . Mayor Suarexs Give us the addresses. Give us .the address Edison Court and } `, Victory, Homes, .,please.., I know .where Edison Court is, but. just to be ` ~i~ absolutely sure. z= }. ~• ~'- ~ - Mr. Phillips: Yes, I can get.... I think I have that right here. , , . , . ," ~ } _ Mayor Suarez: If you have it handy. If not... t ; .~ ~~. `, ' Mr. ..Phill~.ps s. Yes, I'll give it to you. We've almost dompletely ':~ '` moderniz.sd.... I'm sorry, we're. in the. process of modernizing Edison Court and -~~ . Wis;tory Homes. Liberty Square is in the middle of a three year rehabilitation ,'; ~~ program which will, I think, mace it one of the moat outstanding public .,. ,j, -,~ housing developments its this country when it's completed. In addit~.on, we've ;; received some $10.5 million in suxtax funds. Fifty percent.... ~: - .. ,. ;~~_. ~= • Mayor Suarez: Thexe~s no demolition... there"a no demol~.t~.on involved in . t~ ~~ ~,.~ that? 3'oW're going. to keep all..the structures? , " ~ Mr. ~hillipa,: r~iQ, we're .rsr<p4ving ohs xaaco bedrooms and the oae ~sdro~aa units. i ,: - Thera is So~.hg: to,,,.. _ ,, ... ~ .... 5', } h.- Fx ~ ~ Mayor Suarez: Some of those ones that seems like to have a wooden facade, a~iq of those being demolished? Mr. Phillips: We11, we're going... yes, we're going to be gutting out a number of those units and we're going to be doing some reconfiguration on the development itself, At this point, ten and a half million dollars in surtax funds have been received by us. Fifty percent of which has been spent in the City for correcting code violations. Security improvements have been done with those dollars and other onetime improvements of properties such as Pdison, Highland Park, and Stirrup Plaza. Mayor Suarez: That was surtax funds? Mr. Phillips: Yes, that was half of that ten and a half-million dollars of surtax funds. Commissioner Dawkins: We11, since the Mayor is on that, the majority of the surtax money comes from where? -the City of Miami or from the County? Mr. Phillips: The majority of the surtax money is a Countywide... Commissioner Dawkins: OK, all right, no, wait... Mayor Suarez: Well, do you know if the transactions emanate from the City? Commissioner Dawkins: ...wait now... Mr. Phillips: I do not know. Mayor Suarez: The transactions that lead to that surtax? I think probably a pretty good chunk from the City, I would guess. Mr. Phillips: I believe the City... I think the City... yes, I believe the City. Commissioner Dawkins: That's right, the majority of its from the City, OK? But yet, he 's ay that we don't do anything for housing. But yet, they took the surtax money, which was to build affordable housing, and they're taking it to- rehab public housing, which I am for. But don't take. my surtax money that's: been taken up, and the majority of it come. from the City of Miami, and then come:: back and say, the City of Miami does not contribute towards the rehab and maintenance of public housing. Mr. Phillips: Commissioner Dawkins, I-did not say that. What I'm saying to `, you rightnow is... I Commissioner Dawkins: OK, sir. ~ Mr. Phillips: ...half of the money that was received by Dade County HUD... Commissioner-Dawkins: Yes, sir. Mr. Phillips: ...half of that surtax money... ~+ Commissioner Dawkins: Yes, sir. Mr. Phillips: ...was, in fact, spent in the City of Miami. J~ E Commissioner Dawkins: And all I'm saying to you, Mr. Phillips, is that even though you spent only half of it in the City of Miami, I'm saying to you that more than half of it came from within the .City of Miami. That's all I'm ,t ~, saying, sir. j Mr. Phillips: I understand. ~ Commissioner Dawkins: OK? Thank you, Mz', Phill.ipa: In 1989, vie also received. another $9,000,000 in Housing ~'i~aanee Autharixy monies. Haf of that-money was also-:pent in the City oh ita~ma suc2~,` r a$ gel link ~epaixa, .vacant unit prQparatipn, appliance purchases, seav~ali xspairs,`a~d other nec~seaty maintenance i.tema. ; ,, 4 _, {} ~b ~er~~ 2$,141 , '} ~ ~ , - ~„ Commissioner Dawkins: Seawall? What housing projects in the City of Miami got a seawa].1? Mr. Phillips: There's a development up on the river. Commissioner Dawkins: Which one, sir? Calusa? Mr. Phillips: Musa Isle is one, and I think there was another one that wa wore also, but I know Musa Isla was one. Comrniasioner Dawkinss Musa Isle, that's good. Thank you, that's good. Mayor Suarez: Let me:.. Vice Mayor Plummer: Can I ask a question? ;. Mayor Suarez:- Yes, go ahead, Vice Mayor. Vice Mayor Plummerr Mr. Phillips, I think you'll - well, you won't recall, you weren't here, but Fosmoesi was, I believe, maybe even before your time -'to my recollection, the City of Miami is the only City in the Dade County that passed 'a 25 million dollar bond issue for housing. And that was a multiplier effect if I'remember correctly of either six or eight to one. Was it ten, five? What was it? Unidentified Speaker: I'm not sure what you're asking me,.. Vice Mayor Plummer: It was a.., well, you know of the 25 million for housing. Mayor Suarez: In terms of the total number of... Vice. Mayor Plummer: OK. Mayor Suarez: ....construction based on that 25 million dollar G.O. bond issue; :could be quite a bit, yeh, quite a huge factor. Vice:Mayor-.Plummer: The-point, I guess, that I'm really trying to•make.is two,'Mr.Phillips.. You're coming here today asking for money from CBD grant money, We received a letter from Commissioner Teele, our good friend. Yet, .somewhere along the lines, somebody is forgetting that every dollar that the County collects in ad valorem taxation -whether you want to argue or quibble '' about it -- it's either 27 or 30 cents of that dollar comes from :the City of Miami. I'd like to ask you a question. How many low cost housing or affordable housing that's under your control I guess would be encompassing, do you have in Coral Gables? Mr. Phillips: None. Vice Mayor Plummer: How much does Coral Gables :.ontribute to you? Mr.-Phillips: To Dade County HUD? Vice .Mayor Plummer: Yes. Mr.'Phillipss Nothing. ;~: Vice Mayor Plummer: How many do you have in E1 Portal? ,, ~ ~ . _ ,. f, Mice Mayor Plummets Why? Mr. Phillips: I don't have units there right now, Commissioner, and... Vice Mayor Plummets But what I'm saying to you is... ~ ~ Mr. Phillips: 1f I can dust go through this... Vioe Mayor Plummer: OK, you know, and I'm going to conclude... - Mrs Phillips ...I think what I'm trying... . Vice Mayor Plummer: I'm going to conclude with one more statement. ; ~' ~ Mr. Phillips: OK. - , Vice Mayor Plummer: You know, you're not the only one from the County who hes ft. Home knacking on the door. The trauma unit has got a commitment from this °i ; City which the Manager is going absolutely bonkers over, of $300,000 a year ~ ' for five years. And we did that because they told us 80 percent. of the indigent cases handled at Jackson came from the City of Miami. But now they - ' ' got commitments from other people. You know, I would be committed to qou in the final analysis, to raise another bond issue in this community and go out and fight for it if you told me that the other 27 municipalities in their .percentages of population were willing to put their shoulder to the wheel and make their contributions to County housing and their obligation as what you're ~ . ~ ii askingonly of this City. z - ~ ~ Mr. Phillips': Well, you .know, Commissioner, I .think the thing that I'm.., the ~ ~ point that I'm trying to-make here this afternoon, I'm here asking for money "~ . from CD. ; ~' ~ S Vice`Mayor Plummer: Yes, sir. ` ' f ~} ` Mr. Phillips: Community Development Block Grant monies. And the reason that ' I,'m asking for. monies for CD is because of the number of residents shat live i ~ ~ in this community that you are in fact counting.. in order to receive community ~ } } development monies. But, you see... € : Vice Mayor Plummer:. But, you see you can. argue that back and forth...None of ~ ~` s them-live in-Coral Gables because there's no units available in Coral Gables, 1 None of them live in-E1 Portal because there are no units available in;Por... ~ . Mr. Phillips: Are there CD allocations in Coral Gables and.... ~ { Commissioner Dawkins: All right, let me ask... . ,~ i ~ , ~ ~ ~ ' j Vice Mayor Plummer: Of course there are.' ,; ~ . ~ Commissioner Dawkins: Let me ask a question. ~ f S : . Vice Mayor Plummer: Of course. ~ Commissioner Dawkins: Let me 'start off.... { ~1,'' ~ Vice Mayor Plummer: They. don't accept it. ,.' _ .: :. ~ ~ ti, ;' Mr. 'Phillips: I don't think there are CD allocations in Coral- Gables.. No, ~: ~~ air.. ~ ,:. ~` i. Commissioner Dawkins: All right, OK, hold on... - ~ ~, - ~~ ,_ yice~Mayor Piummert I-might .stand corrected. , ~;:: ~ ~ Comariasioaer Dawkins: ...hold on a minute. } klr. Ph~.il3.pa: You kaaw, I'm .not.:... let me ~ut3t say phis, pleases. I'm ug hox~ ~ ; ~; _"~ right now'- try~.ng to make a pressentatlaA to qou, And I would epprecisLo it i~ ~;, ~~ ~ you would ~ allow me to make amy presentation, and.: then any quest~oaa ;;~k~at ~-ou ~, `._. wouic~ have a~~ar 1 cflm let+~ m ~ p y press~ntatioa, 111 be ds3lighted ~~: rssapond to,> r a~~ . r. .. .. ~ ~''. ~ s~ ~ ~, 'l ' ~ '` J`' ~ }1; ~ ~ ~'~ ~ r ~ ~ .5 Vice Mayor Plummer: I, for one, will extend that courtesy to you and I apologize if I disrupted you. Mr. Phillips: And I thank you far that. Vioe Mayor Plummer: You got it, sir. Mayor Suarez: And I would too, except for one thing. Let me help you on part of the argument so far, so wa don't have a messed up record. I think we' x~a wrong on the percentage of the surtax that is produced from City base transactions. There's no way that we produce the majority. We have a tan billion dollar tax base, the County has a 60 billion dollar tax base. I would guess that from the surtax, we get more back from the surtax than what we put in. So I jutat want to correct that in the record and, hopefully, that helps your argument. But go ahead. Mr. Phillips:..-And I certainly had planned after I left here, to go back and to review that. Commissioner Dawkins: When you find out, let me know, will you please, sir? Mr. Phillips: And to get that back. Because I'd also been told... Mayor Suarez: Yea, we'd like to know the exact... Mr. Phillips: ...I'd also been told at one time that the residents that lived in public housing in this community were not, in fact, being counted in the CD monies also, as justification to receive those dollars, and that_was totally incorrect. We have spent County Commission development block grant monies; as f well in the City of Miami, some $675,000 last .year to replace roofs. As a s matter of fact, out of the 14 million dollars in CDBG monies that Dade County received in FY '90-91, $3.5 million went to public housing renovation and repairs... And approximately, or approximately, 25 percent. of the County's allocation came to Dade Ccunty HUD for .use last year. In fiscal year '90-91, Miami's CDB allocation was some 11 million dollars, and the City allocated $39560°for security screens at Culmer Gardens to-Dade County HUD.. Next gear, the-County's CD block grant allocation, hopefully, will increase to .some-l5 ' million dollars, and, hopefully, we would be receiving, and certainly would ba asking for some $3,000,100 or 20 percent of the allocation. Your staff is ':, recommending at this time a zero allocation for public: housing .renovation and repairs: n your CDBG request. We have requested .some 2 million dollar:3 to { undertake- the following improvements, all on-site improvements: paving. and '~ drainage; improving handicapped access; fencing; lighting; painting and security at- Claude Pepper, Gwen Cherry, Rainbow, Town Park, Jack Orr.;' ;.-- Parkside, Culmer.Place, Smashers Plaza: and Morietti. This-can't be done with ,~'_ CIAP or MROP funds due to the age of the buildings. Your Overtown Blue Ribbon ~ Committee that we met with recommended - heard us, recommended ten percent of j the CD block -grant allocations be allocated to public housing. What happened: with that recommendation I'm not in a position to intelligently respond to. Ws_ are looking at over 92 million dollars in renovation and. repairs to public housing over the next five years. There are no more funds available through surtax or housing finance agency - those were onetime shots - and our .CD block .grant dollars.:will be spent only in Dade County. The 45 million dollars spent' already: of federal money is still about $7,000 per, unit. So we still, .as you can understand, have a long way to go im terms of the rehabilitation,- So: when one talks about the dollars that have been spentin-the City of Miami we, can ~. look- at .federal._monies being. some 45 million dollars,. surtax County .funds .being some $5 million, the Housing Finance Authority funds another $4 million, r and the .County CDBG, $675,000.. Thee sad .part about it is at this point, there ors no resources for Rainbow, for Gwen Cherry, and for the elderly units that -.4 I'sas talking about... And I think that if you did go past Victory, i~ you did go' - past Edison,-if you visited Modena down south, if you visited Arthur:MayRa Villa down south,-I think you could see the improvements and the :changes-.that.. ~ F are takl.ng place.' And I'm not here suggesting in any way that >monies--.be eiphonod off from something .else. I'm here just asyiag to you that l ~s3el very ~trangly.that public. housing. in the City of Miami, with: the large~Au~ber ' of units, with the large number of residents living in those developments, a~re° your c4a?~ti.t~3enta: They are people that vote, they are people thmt have f noade,:people that have probgms aad'poncerus, at;d-i'm dust asking yon at;th~,s ~~, ps~l~t, ~A look at that .very earefuliy, and to consider .very sensit~rer~.ythe- ` ~= ~tae~s lm t#oes dsvslapmGr~Cs. If, in ~aszt, this year, we can't x~ecai~a the ~, f~ dq~lars that I'm ask~~ng for, their I~ve got to lpok a~ that from a ataa~dp~iAt #: _ f39 ~sr~h 2~,19Pi ~~. ~, ~ .. V R° ~ z (,?, :~ j ~, `: ,,, `, i ~; ~' ; <~ }~~ f~ i3 ~f ~~ ~~` is of priorities and to address things accordingly. t,ast year when I carne before this Commission - and I came here, I believe in November after I first arrived in town - the Commissioners said to me - and I'm sure some of you remember that - you said to me that I was coming too late. That my request made a lot of sense. There were needs there. You felt sensitive to those things, but I was coming too late, that you'd already made the necessary allocation to other projects, to other programs, and that you wanted me to come back again this year early enough with the kind of foundation. I left here feeling disenchanted, feeling bad, but I also recognized that there was no track record really that had been laid before you. I can stand before you this afternoon and say to you, with candor and commitment and honesty, that there is a track record now. That we are doing the Sob, that we are spending those dollars as efficiently as we possibly can. The USHUD people were just here from Washington, Atlanta, Jacksonville, reviewed our program, gave us high marks on every single thing that they saw. We took them out on developments, we took them around the City. They recognized that we're about the business of improving public housing and making these places livable for people to live in. And I'm just asking at this point that you give extremely serious consideration for the request that we're asking for. I don't think we're asking for anything that is unreasonable, that is out of kilter, or coming here trying to just rip off dollars to use to have an extra amount of dollars in the coffers. You and I both know that we're behind the 8 ball in public housing in this community, throughout the entire county. And especially in the Citp of Miami. We are continually working very intimately with your code enforcement people. We meet on a monthly basis with your code enforcement people, your Fire Department, your Fire Marshal, to address the necessary problems that are in every one of those developments. And everyone in front of me now knows that you can call our offices, you have complaints an units and on problems, and we lickedy-split move on those things and try to address those situations as quickly as possible. We are no nonsense. We're about business. If people don't pay their rents, we put them out. If people don't take care of their units, we put them out. If drugs are in those developments, we move on it. We move on it. We're trying to. work a cooperative relationship now with your Police Department and the-Metro-Dade Police Bureau. We've gotten an additional 1.6 million dollars recently for a drug elimination grant. We're tying that in, working closely with things that you've been doing. Commissioner Alonso knows, we've worked very closely with her and the elderly buildings, and the multitude of problems that we have 'in those elderly buildings. Mayor Suarez has been very, very positive in terms of working with us to try to help in the Rainbow Village development and the mini police station that we have there now that's run by your police officers. And I just ask you to go around to any of our developments at any time of day or night to look and to talk to people. And you'll find that we are doing a creditable job. So, asking for 2 million dollars, in my estimation, is really not asking for a lot of money, and I would certainly appreciate your serious consideration on that and would welcome any questions that you may have. Commissioner Dawkins: Not no questions, Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: This is not to be argumentative at all, but the first thing I'd like to do is go on record commending Commissioner Teale for:being the-first County Commissioner to even think of working collectively with us. He took the decency to write a letter which I have not received from no other Commissioner over there since I've been... I've been here nine years, to address a problem. So we are headed in the right direction... Mayor Suarez: And we had a nice visit from Perelas the other day too. Commissioner Dawkins: Yes, with the... see, for... and we had one f rom Penelas, so we are beginning to work together. But according to Commissioner Teele's lettsx, he says that, Metropolitan Dade County, with thissntitlement mu$t serve approximately l.2 million people. The City of Miami's entitlement by cgmparison, must provide services far 400,000. So that's a one-third to a two=third ratio. So what we get, we serve one third and the County ohs fourth, aad the County serves three-fourth. Now, let me just read..., and aaatherthing...that 1 want to put in the record and if I'm in e+rror,.,tia~~ ,~omebady corxect me, when these individuals who everybody is saying that we count in an effort to get an entitlement, they are counted by the County ts~o, ~bey',juet don't get counted in the City of Miami. You ,just don't .take ali t,~e rceidsnts and say, pK, these people here, although they live in the City, they vole in the County,,, AQ Na;~ch ~~,1991 ,. :; ,,. ~. ,' Mayor Suarel~: They're in both of them. Commissioner Dawkins: ...and pay taxes in the County, so thereforei the entitlement that they get is only... the County does not use these people to :: count them at all. F- Mrs Phillips: Commissioner, in all due respect , sir. The County does not count the residents that live in the Gity of Miami. That is a separate entitlement completely, you use separate numbers. They are not inclusive. ~~~.: `' Commissioner Dawkins: What do you... no, OK... you do not use, or count of the County people to apply for federal dollars at a11. ~~ Mr. Phillips: That's not true, and that's not... ~ '~' Commissioner Dawkins: No, no, no, I'm asking. - ;: Mr. Phillips: No, sir, yes, we... - Commissioner Dawkins: All right, so therefore.., wait a minute now, you told me to wait till you finished. Now please give me the same courtesy, OK? So, therefore ou re d y oing with me like certain people do with the Bible. You :~ take -the parts of the Bible .that you want, and you leave the. rest. If you're t going to say that the County only. can take the people in the City and count them one time, then I can take... I get all the money for those people. But ~ don't take' the people and count them for the county's benefit at .one. place, ' ~ and you don't- do it in another. But all in all, I agree with you, Mr. Phillips. We have to find a solution. But I also have to say being 66 years old, being black, having been in America all of my life, and don't plan to go ~ ..`' no place else, traditionally white folks put public housing in black neighborhoods: Therefore, 'the City of Miami ended up withall of the public ~f housing until it began to be fashionable and everybody needed it. Now, before ~ you came here, air - and this has nothing to do with you - the powers that be ~'_ took the federal dollars, which you're trying to address, and did other things ~ with them instead of maintaining this property. They allowed this property to ? deteriorate. Now, you know that people can't-live in it, so you're, trying to correct it. I'm with you. But somewhere, somebody has to say that the... and . , I don't know whether it was Mel Adams,. I don't care who it was, they took the {; dollars that we were-supposed to rehab these places with,. and they didn't do ~ ' it.--So-now you are charged with a damn near impossible job of bringing these ;; homes up, to standard for people to live in. Now, how are we going to do it, Mr. Phillips? I don't know, but... ;. i Mr: Phillips: Commissioner, you know it's not an impossible job if we all ~f work together to correct this situation. When I first came here - in all due ~ ~ respect -when I first came here, people looked at me cross-eyed thinkittg that . ~ ~ I was crazy for taking this job. And. I took the job because I believe in ~` public housing, I believe° in those residents that live in public housing, whether they live in Miami or whether they live in the southern part of our Couritq.> But I have to say to you that it wasn't just the Commissioners in the ' ~ - County who did not deal effectively with their obligation and their responsibility: The Commissioners, as well as in the City. of Miami,, were not _ ~i ' ~ doing that as well. : Commissioner Dawkins: We didn't have... OK, OK... _ _, ~ Mr. Phillips: You know, we're quick to blame the federal.,. , l ~~ : '~: Mayor Suarez: And in every ..other city. T Mr. Phillips: That's'.right, we're quick to blame. the federal governmsnt;£gr - , ;~',' not- doing its :responsible share in things, but i think we all need. to ,~, recognize - and here we're going "back a ways", and we certainly can't change !~ things that happened in the past - but we all need to recognize that we all . Y,. ~, „ were apart of allowing the situation to happen.,. ~ ~ ;~ , ~•" , , Commissioner Dawkins: No, we were not. We didn't have a part in it, But one ~ ~i gnea~ion' and I'll. be iiniahed, k~r~ City Attorney. , . ~; , . ~_ ~' ~r.° ~~rge ~'eraandezs Yes, s~.r, ' ~ '~ ~ .. ~j 9~ ~~~dh ~~tl9~l ~" ~:: ~~ ;~ .~ ~. ',`i i Commissioner Dawkins: The citizens of the City of Miami sued the County or took the County to court. Janet Reno's office found the County in contempt for not bringing these houses up to our standard, and right now the County is under a court order, I think, to bring these houses up, What's the status of that? `{ Mr. Fernandez: I have the same recollection that you have of that, that presently the State Attorney's office has ordered Dade County to perform , Certain acts in regards to their public housing. But I don't,.. ; _ ; ; ' Mr. Phillips: He does not know the status, but I do. And I'd be delighted to I f respond to the status. The status was that there was a memorandum of , ; agreement that was created and developed in conjunction with USIiUD, and there - are specific guidelines that we have to follow, we are obligated to follow, and corrections we have to make every single month, and we then send that report to the U. S. Attorney, to the State Attorney, to USHUD, and we are ••monitored every step of the way. I will say to you right now, ladies and ' ~ gentlemen of this Commission, that if, in fact, this Commission does not, in fact, recognize its responsibility to the residents of public housing and this ~; City, there is a good possibility that you too will be sued. ~l Commissioner Dawkins: I have no problem with it. - i 4 Mr. Phillips: Now, I 3ust want to put that on the record so that you ~ I understand, so that you understand. ' Commissioner Dawkins: But I want you to know that you can be counter... and the County will be countersued. i- ' Mr. Phillips: Well, but understand... ~ 1 , Commissioner Dawkins: That's all right, see, and we will get nothing done. ` J ~ Mr. Phillips: And I'm not.., no, no, no, in all due-respect, I'm not talking ~ ~ about the County suing... ~ J ;~ ' Mayor Suarez: Sounds like a lot of lawyers are going to make a lot of money. ' Mr. Phillips: I'm not talking about the County suing the City. I'm talking about the state looking at this and the- State Attorney looking at this, - ,.~ because we won't have a choice. I don't have a choice in this, Commissioners. Vice Mayor Plummer: Wouldn't it seem logical that the total - as I recall, ~~ '. and you tell me if I'm wrong - total responsibility for housing, HUD,`is Dade County. t, - ~ Mr. Odio: I believe, Commissioner... d 1 ~ ~ Vice Mayor Plummer: Wait,. wait,-wait. Am I wrong? ;: 1 ~, Mr. Phillips: Sir, you.are absolutely incorrect. It's not true! ,i .~c:a ~zayvr riununer: in ozner woras,. we have an obligation as a Cit Mr.,Odio:- I believe on that.,. Vice Mayor Plummer: We gave HUD away. Mr. Odio: We gave HUD away in exchange for - and I'm checking the I think it was part of the... Vice Mayor .Plummer: The question I have is, if I'm not mistaken thing`I'm talking about with welfare. OK? Mr. Phillips: Yea, sir. V~.~~a Mayor Plummer: The County has 100 percent responsibility Eox J Mr. PJhi7.lips; _ M+~y i please rsspand to that? >~ V~a~ r~ay~r P;G~nuner: St~r~ ~2 ~ M~~ .,,.a,,..,~.e.m o .. out now - the samQ -. using. ~ x ~E' ~; `~; .,, >>; } `~' ~~ t f .~.~ -~ __ _ _____ - i Mr. Phillips: 'We are talking about yesteryear, Commissioner. We'ra talking about yesteryear. Please let me finish) Mr. Cdo: Weil, you're the only one talking around here. Mr. Phillips: Go right ahead, Mr. Manager. Mayor Suarez: hell, let me... before either one of you„ . Mr. Phillips: Please. ,,-.- Mayor Suarez: ...say anything, let :ne say, for myself, regardless of what - . _ history may show, I ran on a platform of the City of Miami getting involved in housing. So if you want to define it in very general terms, folks, you lose i. me . i. Ej Mr-Odin: I will defined... ~' _ Mayor Suarez: Because I don't care if you gave away the... t ~ Vice Mayor Plummets Well, let's don't talk in.., ; Mayor Suarez: Well, I'm talking about myself. I ran on a platform of getting the City of .Miami involved again in affordable housing,: setting up a department,- which we did.... 1 i Vice. Mayor Plummer: Ah, yes. _ ;~ Mayor Suarez: ..,and housing generally. ~ 4 ~'~ i r? Vice Mayor Plummer: Yes, no question. Mayor Suarez: We have discussed with Mr. Phillips, as you have discussed - instead of .arguing with each other folks, you mentioned it today, the ~, _possibility-of -a general obligation-bond issue. If we ever do a general obligation bond issue for housing again, for affordable housing... j 1 - Vice Mayor Plummer: Under the City. j j Mayor Suarez: Yes. It would be a nice idea -wait a minute - it would be a " ~ nice: idea-. if the pubis housing and elderly housing folks, who_have a vote is the City of Miami, were to vote favorably to that,. and we- have a City Attorney's opinion that says that we could use some: oftheemoney.poesibly; for _ creating a home ownership program with public housing units and improvements, ,.~ et .cetera.. And the whole thing, all of a sudden, would be:a ;bit of; a - r ; cooperation between public housing and affordable housing that we haven't seen I haze in a while, and the folks we need to try to do. So to argue... ~ - ~ ~ - I : Mr. Phillips: And-.that .makes sense. That makes all the-sense in the world, f Mayor Suarez: Yes, to argue whether we've given up totally housing... I mean, we did give up to the County the .classic Little HUD function, whatever you s -call that, of the public housing and elderly housing being the"administrative d~ agency .for HUD .monies that .come from Washington. But as a community, and as a ~,, ` jf, government we do have, I think, some obligation to deal: with housing too " and . ~: ~, '~ f ~ . ~' ~ ~ Vice Mayor °°Plummer:' Mr. Mayor, let's ,not forget.. . a ~. Mayor Suarez: the sad thing is, the other communities don't do much, you know. ~ Y '~~ . ~ Vice Ma or Plummets ,., y that we were the only. community that l know of in this ~ ~ satire couaty, that came up with a 2S million dollar bond `issue. . p~ ~i . 1. . Mayor Suara~s Xoa, and I think that wa:~..admirable. 5 ~ .. ~ - - ~. ~~-` Vice Mayor Plummmets And ba~oze M~, Phlllips u~rivsd is this community; eat r ~~. ~'m only b~ia~~x~g this u~ as that ys~u: might h~tva some da~- whets this ~ ldea is ~' `~, ~,: coming from, th~.#s C~ty~ gays ~baQlute~.~- `ncot frQ~e to the County, thr~ Post ~f r ~ ~Si.+~tni, one of the: gtaat~at tgs~A~ty. mak~~c~ they hays, Shia City gave to t.~i4 _ ;' ~o>~nty the airport,` which is prob$~ly its s~acomd iargeeb usonsy maker. xl~in i' ~ _~ 93 Ma~~h 2$,~99~ _ `~ ~~ c " _ `~ . ~~ # ~: ,... ~. _ pity gave absolutely free, $400,000,OOb of a water and sewer department t:s the - County, absolute... Mayor Suarez: Let me correct you, We got 2 million dollars back for the four ~-undred million. _ ~ Vice Mayor plummet: Prom where? .:: Mr. Phillips: But now, Cotamissioners... Mayor-Suarez: Prom a settlement with the County, but... Vice Mayor Plummer: Yes, but what I'm saying to you is, there's a balance, ;L ;~ Mr. Phillips. There's a balance. _ a Mr. Phillips: .But now, because that all happened before, do we now throw the ~ baby: out with the bath water... ~` Vice Mayor Plummer: No, you don't, you assume... ~~_ i Mr. Phillips: ...when we recognize:-now. that there are needs. for residents - that live in your developments. And I do say that your developments, because they are your developments in your... ` Commissioner Dawkins: No, they're not. Mr. Phillips: ..Sir! ~? ,, Commi~~inner Dawkins: They are not. .~ # Vice Mayor Plummer: No, they're not, we don't control them. ~~ Mayor Suarez: OK, folks, this is philosophy. ` . ~~ Commissioner Dawkins: If they're ours, give them to us. :~ Vice Mayor Plummer: You made us... ~~ ., ,, Mr: Phillips: If the residents were not getting-services."..: - :~ {~~ Commissioner Dawkins: Give .them to us. Give them to:us if: they're .ours..:' ~ ;~ Mr. Phillips: If the residents... you don't want them, Commissioner.'.:, - Commissioner Dawkins: If you give them to me... give them to us, if they're - r"" ours. If they're. ours, give them to us. ~-- a~ ~ # Mr: Phillips: If the residents were not, receiving services, you would be, on ~. ~ the hot pot.. You would-be. They'. would start calling you,!they..would be .' '' bombarding you::: _ ,' ~„ ~ Vice-::Mayor Plummer:> Did the grandfury:come after us? Huh'uh. :: ., Commissioner Alonso: .....morally it's part our responsibility. i ~, _ ,., '~' Mr, ..Phillips: I would think that if the-City of .Miami. .. ,,; . ,,: Mayor Suareza `Well, let me say.this, Eari, if I may, because you're going-ta ~ get _into an argument here :back and forth, the grand jury report aarutini.zed " the Clty's:use of 'the CDBG funds that we get. ' ~ Mtc. Phillips: 'That's absolutely correct. ;. ~,; ',~ - Mayor Suarez: And not all of their scrutiny concluded .that we:had used theta ' ;,° ;. in<< the w~.ses~ fa$hi.oa: A~sd; you kao~v, I'tn glad tl~e~ they didn't go beyond ' ~ ;~ th$tR i - wa:s -almost galled as a witness is the grand fury prs~uesdingsi l _ prog+~red ~ays+ol~ ia:~ teatimoaY because :the Clty was ><iot totailp axampted txom s ; that. As It turttt~ out, they didn't gall oa u~a. ~ut~ 'Earl, _we're- ar¢ui~s~ ~ ~ .. philosophy het'e, aad maybe ail of the +Comm~~t9~.o~ners ought tv get a chaaaa to ~ i ~ } hav+s their say ~~ to hew they feel ~bouk it. I am 'randy t~ say haw l ~~el, . ~ sad, .. ~ ~~ . 4. s r , { ~ _ 2. :, _ _ i y y, QQ + ~- ~ _ •{ ~ (: ` ~ x ~ ~ ~ s ..-~"^"` '; ~x y ., ..e--`-~.e. :..-. ''mom : - -~- P r+.3n ~,;~ - _ . Mr. philiipas If I can dust say this..: Mayor Suarez: Yes. Mr, L'hillips: ...I do know that Janet Reno is in the process -- if she has not - already sent - letters to each one of the Commissioners, each .one of you,.:. =_ f " asking for your support as it relates to finances from CDBG monies to public - housing 3n Haas County. ,, -' Mayor Suarez: We haven't .received anything, but we suspect that she would be = heading in that direction based on,., ~- ~ ~ _ ~ ; Mr: Phillipsc Now, she has talked to me about that and.... - Mayor Suarek: ...conversations that we had during the grand 3ury proceedings: _ t ~, x Mr. Phillips: Yea, that's right: - '' Mayor Suarez:. Yes. i Commissioner Dawkins: Let me say this, Mr. Mayor, and then I'll be finished. Mayor Suarez: Commissioner Dawkins .and then Commissioner Alonso. I want to say a couple of things. ~ ` Commissioner Dawkins: I would like for the TV viewers and all those who read the Miami Herald in the morning, this is not an anti-public housing stand, no: more than this is' an anti-homeless people stand. Because I know in the morning, the Miami Herald is going to say that. the City Commission turned its ~ - back on public housing. That is not the fact, and this Commission, although " we do not know how, is going to work collectively with Mr. Phillips to help ~~; meet the problem, and I want to put that on the record. Mrr Phillips: I thank you, Commissioner. Thank you very much, Commissioner Dawkins: " ~ Mayor Suarez: Well, I am - unless you wanted to... I am impressed with the .recommendation of: the Ad Hoc Overtown Panel. I am awareof the fact that all - `and then I'm sure the Commission is aware of the fact that every time we've had a racial disturbance in this community, almost every time it seems i bike, the problem has been concentrated in or about the housing projects.. ~I, think we have" an obligation to do something about it. Whether we have a - ~" paramount obligation compared to the County, absolutely not. I .think the ? ~' County has the principal obligation... _ ~, ~ ~ , Mr. "Phillips: No. Mayor Suarez: I think that Coral Gables has an obligation. I think that ~ Miami Beach has an obligation. Last time I checked, Hialeah didn't have any ~, ~ debt at all. They had no general obligation debt.- You. know, I d like .to see other. jurisdictions get. involved in .this, and it is my hope that once:.you're ~ finished with us-here - and if we cooperate or if we .don't, I> hope we do - , F because I'm'going to vote favorably to .something here,-that you go to; all"she get all of theirsupport. I'd like the ten percent rule or other cities and ~~i° . measure that the Ad Hoc Overtown Panel recommended. I also think, folks, if I <;. i,~ may, ``Commissioners, that every once in awhile, aside from philosophy,. aside _ " ; from distribution and allocation of obligations, we have to look at-the people , involved. We have to look at--the fact that we have a brand new HUD director •~. who is going everywhere, who is "beating .every bush." I think; thefedsrai:" government, by the way, haa,to do a heck of a lot more, and I wish they didn't ~ go out there and try to save the savings and loans industry to the ,tuna of ~~ half a trillion dollars' before theysave public housing and elderly housing;in '~' the United States, because I:don't see that that one thing is as important as = ;' ' the other, et cetera, et cetera. So I think we should get mots money ::from 'the- ~~ ~ federal government. And perhaps if I'd had more energy the other day when ~hQ ' `~;,. HLiD 'officials were here, I would have told.. them that, and it would have gives them'e'piece of my mind.-how I feel about that. I think that the fact that you're here, the fact that you're is our community, the fact. that yQu'r,s §~ wQxking sc~ hard ia~'a factox T think the fact that. our Ad Hoc Pans1, created ' ~~, by us, makes this recommendation. Whether it's exactly the correct alifleati~n; . ~ don't know, Earl. And ~t'.cmmiesioners, ~ suggsst to you that. _ '~ '~~ ._ aaayb~, yc~u .know, trey cdu~d be right. and they could be wrong, g+~t ~.f they ,. , ~ ~~ ~ . ., ;: +~~ ~a~r~ch Z8, X491 ; ~° „_ ~~" ,.. ;. j'.. ' ' t think that a ten percent allocation is a fair one, I think we should look at ten percent of the economic development portion of what we get. The other 15 percent, I think, is pretty much earmarked for social programs. It's our only input into that. If it's 11 million dollars total, and you get ten percent of 85 percent of $11 million, you're still right around the million dollar !' figure. And I really am prepared to vote if anybody moves it. Or if not, to move it for a million dollars of our CDBG funds. At least on a yearly trial basis to be earmarked for public and elderly housing in the City of Miami, and hope that other communities do likewise. And I've given the reasons. T know that sometimes the philosophy and the conceptual aspect of it fails me. I can't battle with.... Yea, Mr. Manager, we will take it from something else if it passes, sir. Let me dust hold off until we get the undivided attention of the Manager here. If it passes, Mr. Manager, if it passes, yes, of course, we have to take it away from something else. You know one simple way to do it? Well, that's what came off in the record, because I heard you say it, and let me answer the question on that. Yes, it will come off something else. It '~~ will come off the other programs. You tell everybody else instead of getting a hundred percent, guess what? -you're going to get 90 percent. Mr. Odio: It's up to you. Mayor Suarez: Thank you. I'm glad you agree it's up to us. So, to me, it is the best that we can do. It is more than we should be doing in terms of conceptualizing. I agree with my fellow Commissioner, with the Vice Mayor. We've given up so many functions to the County over the years. The most profitable ones we're desperately trying to get some of these enterprises that they have, including the port and the airport. They act as if the port and the airport don't ever have to contribute anything to the community. Commissioner Alonso tried last year to extract some contribution from the port. Commissioner Alonso: Maybe we should go and try to get them to pay taxes since they have so an immense amount of money that they can only use within the facilities. One possibility that perhaps we can do and we can work. with the County and unite and charge them taxes, ad valorem taxes. And it will be an amount that could be used... Mayor Suarez: If they insist on running those enterprises as if they were private enterprises, why not tax them? Commissioner Alonso: ...it could be used for public housing, it could be used for many other facilities. And it's something that we will have to look in the very near future. Mayor Suarez:. .And we are contributing to the. trauma center. I am-glad that Vice Mayor Plummer brought .that up. 1 ~ ~. Mr. Phillips: Yes... I: Mayor Suarez: It's a shame that we have this battle every year to see how the one public health facility in this community is funded. The state should be the first one that says, we'll fund it by whatever means is necessary. '-That's ~ ~ the number one priority of the state before they fund anything else, as far ab k ~~ i ~~ I'm concerned. 5~ ~~ ~, _ Mr. Phillips: You're absolutely correct. -- - ~ Mayor Suarez: 8xcept food, health, as we've established here for the social ~` service component of our Community Development Block Grant monies. 'Food to feed people and health component have always been our two number one, number '~ two priorities, and the state and everybody else in the County seems tp forget' about that. They fund all kinds. of things it seems, . and they forget about those priorities. For myself, I'd be willing to vote for that. Philosophically, folks, we can argue that this is not our responsibility, We' cap argue that we pass the responsibility to the County. We have apmebady,who' ~~ is workpg awfully bard, You're a tz'oubled agency under the lien of IiLtA agencies. You want to get off that list. :, . , Mss Phillips: ~rgipg to get off it, Mx. Mayor. _S L '. ~; Mayor Su~rezE You waa~ t~a have this community look good,.. .; ~~ ;;, ~ z` ~, ~ ;j:. ,~i _.~T- 96 f Mr. Phillips: Trying to get off it. Mayor Suarez: It will put a little bit of a crimp on some of our other economic development efforts which we think are more along the lines of our responsibility, frankly. The other allocations we do with that approximately 9 million dollars that we get for economic development from CDBG. It will never be more than we need. I mean, regardless of what that calculation that Commissioner Dawkins and I were looking at before of how much we get from surtax, it's never going to be as much as we really need to create affordable housing in this community and economic development. So, regardless of .how. that comes out, it's a little bit like the argument I had with Commissioner Dusseau last year about he argued that we get more than our fair share of the taxes that J.L.'s always referring to that we pay 2y percent of what the ~ _ County collects in real estate revenues. That we get less than 27 percent we are arguing, and the County and Commissioner Dusseau sent me a letter. We went back and forth for three or four letters. You'll never be able to prove .` to Miami that we get our fair share of what is produced by our City in terms, ' of economic activity, surtax monies, real estate taxes. Everyone of our ! citizens pays us and they pay the County. And sometimes we're treated as if ~i we were not part of the County for certain allocations. But nevertheless, I+ having said all of that, I think it's a good idea. I think it takes into account the individual, the energy. The way you have taken this fob and I think that's a positive reinforcement, if nothing else, and we try it for a year. It may have more impact than a lot of the other allocations of a million dollars that we do from CDBG, frankly. Because not all of them have ! , ^} always been successful, although we get good advice from Frank and from our. , j`,:~ board, our CDBG advisory board. I 3ust think it's worth a try. r`fi s Mr. Phillips: Thank you, Mr. Mayor. s'1 Vice Mayor Plummer: I stand corrected, Mr. Mayor. The City gave the airport '~ ~ to the County for ten dollars. • Commissioner Alonso: Oh, ray! i Commissioner De Yurre: Mr. Mayor. -r, '`~ Mayor Suarez: Yes, Commissioner De Yurre. !', Commissioner De Yurre: Yes. I haven't said a word yet.. I'm kind of absorbing. ,: ~~ ' ~l Vice Mayor Plummer: Don't philosophize. Commissioner De Yurre: You know, I'm not Like you. But I was .the one that invited Mr. Phillips to come down here because we've been addressing a number of the issues that have been discussed here in public. And my concern has j been,. particularly having my wife working at Jack Orr,-that she comes home '~ ~ with a lot of the stories about the things that are not getting accomplished. ~ ' And not now, but throughout the years have not been accomplished. And. I do z` believe that these individuals that we go to, come election time and {j throughout the years looking for their support for a number of things, that they are residents of the City of Miami, they are voters in the City of Miami, ~~ and they have to look to us for assistance, for help, for guidance. You're ' talking about Robert King High, and certainly we go there often and get their ,1~ - support for election time, and for a number of things that we feel .are: ' ,: •t~ important for this community ~ Smothers, Jack Orr, Musa Isle. A lot of these L ~` buildings we look to them for assistance. And I would like to see us getting ii involved understanding that there's limited amounts of money available, but to i ~'- show that we want to put something into this effort, into helping. Whatave€ we put in though, I would like it that it be earmarked working together to things that we would like to see the money going into. I don't know if the priority really is fixing the outdoors of these buildings. I've seen, and { we've sent you a tape - in fact we delivered you a tape the other day which & ~ shows a number of things indoors. that need to be addressed. Ceilings are , ~` faulty, electrical problems, air conditioning problems, fixtures, that I think. ~+ ,. , . ~ are more of a priority than fixing outdoor landscaping or fencing or things of` , ~ ':' that nature. Again, that may be a different issue because of.polic~.n~.-and >' ~ ~~ i .protecting the citizens from grime and all that. ~: Mr.'' ~'hiliipss And understand - excu$e me for interrupting ~ but' un~erst~~d, " '_ ~. ~`?' Commissioner, the things -that I've read off to-you this afternoon are thiA~s ' ~ ~~ { : ;'i ~ ' ~ F ; ~ 97 ~lere~ 28, Z~i91 F r ; ~ ~ ~J ~a~ ~` -•.: ~~ Ili ~, ' 7, that the residents feel are critical and important. And we concur: I mean, fixing the drainage around a development becomes an absolute necessity to do. And the security of those elderly units becomes so important that nothing else matters. And so you have an obligation to do those things. Commissioner De Yurre: If I may, Mr. Mayor, I'm going to throw out a figure, and see i£ there's support in this Commission and understanding that, you know, we have about 4 million dollars set aside for our own housing needs, ~ million dollars would totally, you know, devastate the program. I would be in favor again having a monitor system where we can work together to earmark where the money is used. As a first year, I would be in favor of allocating $500,000 towards this effort. I would put that in the form of a motion. Commissioner Alonso: Yes, I really think like both of you that we have an obligation. I personally have had a wonderful opportunity to work with Mr. Farl Phillips. And in the last year, he has been extremely helpful in fixing many things for elderly buildings. I've been in touch constantly with the department. .They have reacted. They have come forward, fixed the needs of the citizens. I'm aware that we have a responsibility, and I think we should really show our desire to help. I recognize that we're going through a very difficult times, and perhaps we cannot offer all the help that we would like to give. I think that at least we should give that amount, maybe higher. Commissioner De Yurre: Well, based on what, you know, Mr. Odio... Mayor Suarez: How about seven-fifty? Can we split it if we can get a consensus for seven-fifty? Commissioner De Yurre: Well, my only concern is to make sure that we don't cripple totally our program. Commissioner Dawkins: What program we crippling? Commissioner De Yurre: Well, our housing effort. Mayor Suarez: The housing portion of the CDBG program. 1 i ii i .~ 1 ~ 3i Vice- Mayor Plummer: Yes, but are we committed to projects now, such as Melrose and the other projects? Are you going to now have to go back and tell those people that we've got to renege on those things that we have promised? Mayor Suarez: Well, this is from the grant year that is approaching, so we haven't made the ultimate decision. Vice Mayor Plummer: Well, I'm not sure of .that, and. I'd like to hear on the record from someone that... - - Mayor Suarez: The one that would make the ultimate decision in July, right? Vice Mayor Plummer: Yes. Mr. Frank Castaneda: Yes, no, we will be coming. to the Commission on April the-11th., That's the .date for the public hearing. , Unidentified Speaker: That's it. Mayor Suarez; Please, please, please. I don't even know what that reaction means, but go ahead. Mr, Castaneda: Well, you know, that's .the date set for the public hearing of Community-.Development, and I would suggest that that is the approprate.tiipa to d~.scuss, you know, ~.f you want to make a change in the .allocation. That way,.. Mayor Suarez; If this were to pass to some figure, it's also.a gaud idea-.tt~_ give all the groups some indication that if we're going to give this prig;j.ty, that they ,would be raduce~sl, by a proportionate amount, Frank, so that when: th+sy cone to you they know that .that's going to happen so they knew what to argue. _: Mr,- Castana~as QK, I think what Victor's: proposing is to .take.. it out: o€ tha , hpuai.mg aloaatiQa. ~asioaily, that that would do is the~t would ~ra~tio~lly xadu~a- the au1~tlAt- of money that the Houaj.~g ~epe~xtmeat has tQ lend for aith~a~: 98 Mate 28,1.99 i z- i . 9 ' single family or multi family rehab. As I understand that right now they dd ' ;} not have any more money far multi family... ,: Mayor Suarez: if it was going to carry in that form, and if it .was $500,000, , the math is very simple. You lose one-eighth of the total amount.... _ ` ; Mr. Castanedas That's correct. t Mayor Suarez: ...that means everybody, as of now, could be expected to work _- for 12 percent less than what they would otherwise get. t { Commissioner bawkins: The money that we gave the... - ~, Mr. Castaneda: Correct, Mayor, but what he's... I 1 I' Mayor Suarez: Twelve and a half percent less. . ( Mr. Caetaneda: ...what he's proposing is to take it out from the housing Q' y ! allocation which would mean that they would have half a million dollars, or three quarters of a million dollars less to lend. It would not be a t proportionate type of thing, what Victor is proposing. :Mayor. Suarez: Well, the overall pot would be twelve and a half .percent less, ~~' and, you know, how that's split, I don't know. We decide that on April 11th. ,': Commissioner Dawkins: So that means all the projects .that we have tentatively, like the Little Havana projects, like the Melrose project, like the Allapattah project, like the other projects in the Liberty City area and E what have you, that we have already... I mean, St. John's project. That we +' have alerted them that .they stand a chance of getting funded, they- will not get 3t. If we cut into... they will not get the amount. OK. Mr. Castaneda: That's correct, Commissioner.. Commissioner Dawkins: All right, I just needed to:know where you're coming is E ' from. ~,: ~ . ` _, Commissioner De Yurre: Well, they will not get the full amount that they're seeking. ` { , Mayor Suarez: They will get the full amount minus-whatever we... Mr. Phillips: May I just say something? I would certainly hope that Commissioner De Yurxe was just mentioning earlier the number of things- that <_ have to be done. And then for the Commissioner to come up with a half a- million dollars, then it .says to me that obviouslyyou -don't understand the scope of those things, and the dollar figure that has to be placed with that. ~ If I can just suggest something, I would certainly respectfully urge you to go 1 -back and to look at those dollars,-..Not just-.the housing'piece'of the dollars, - ~; but to look at the dollars ..completely... You had asked-me last year to ..come.- early-enough to you to allow you the time, early enough on, before-.the- y determinations were made, and I've. attempted. to do that._ I have come in .good r ;~ faith this afternoun early enough prior to determinations-being made. And I `; ~~ +~ `certainly ..don't want to give. the impression.... ~ ~ ~ i . "~, ' Mayor Suarez: All right, well we're ahead of that, Earl... ,, ' t _ i ~~ ~s ~ Mr. Phillips: OK. f, ~ ~ y. ~ Mayor Suarez: ...we're getting repetitive here. .We're. ahead of the final ~l ~ determination., which i guess begins on April 11th. Maybe gne,way to do i;t i,s ~ ~o,.. we doa't know what the vote is, I'm not sure ii tho Commission wants io ,. ~` ` ~ bring it to a head right now. One possible way is to say, if his figure', and -_ ' ~: ' tk~e-plaos-that it's coming from were to pass. on April, 11th,=you ;would be ~ ~ expected to get "X" amount less so that the groupswould be advised of that `~a ~~ ,' prior: to April 11th. Another-way to look at it is, for example, to look at ~ ~ ~ the fuli..,..the larger figure that I:mentoned and eplitting.:it among all of . , , ~' ' tbs recipients of economic development wh~.ch Yneana that they are reduced by approxia-atsly one mill.icn aut of Aiae, or ii' percent sash, i.f vie "do it ` '~ how much the-pot is reduced. Commissioner Alonao has p~r~oportiouately. ~hat'a ~ ,•' . ~ ~ _ s~$~eatsd a figure ~uayba i.n:between,;kut she hasn't said ii' it'~auid`come dust , :.` s , ~ .. from the.. ho~$in6 or the entire.. pconotnic developraeat ailvcation. Aaci ~: ;.. ;r t~ ~R: ' - - _ ;.. z r. conceivably, the entire matter wouldn't pass because we haven't taken a vote on it, We could leave it all to April 11th, then we'll hear from the various other applicants, or we can take a vote of intent right now just so we have an idea and so people can be told who the other applicants, including the ones that Commissioner Dawkins has referred to, who are already expecting a particular allocation based on, I guess, board recommendations or department recommendations, that, you know, we are heading in a particular direction possibly as to the majority of this Commission. So this is all policy. You were here in ad~tance. You got your hearing, I think we've heard enough discussion. The Commission has to either make a policy decision now, at least to send an indication to the groups. We'll hear from you on April 11th, or just leave it, having heard the discussion here you have an idea what tha ,, donsensus may be, either way, and you plan accordingly. And that's up to the Commission how you want to do it. I don't mind giving a pretty good signal just so that they have an idea of where... Commissioner De Yurre: Let me just say, Mr. Mayor, that if we're going to tap into other sources, you know, I just felt that anything over $500,000 fs`om housing directly would be too much to take out of that. Commissioner Alonso: Too much. Yes. Commissioner De Yurre: So, if we're going to look to other funds... Mr. Phillips: And I would concur with that. I just don't want to ~ I'm sorry. Commissioner De Yurre: ...you know, then... Mayor Suarez: OK, Earl, please, the policy has to be set- here at the }` Commission. Commissioner Alonso: I agree. I don't know if we should really go and set up a certain amount at the present time, or perhaps, wait and really look and see from what other sources we can actually get the amount and then in the next Commission meeting, perhaps come up with a definite figure. It seems to me !,~ that at least we will be able to get three votes to go along with this ;, proposal.. ;' Commissioner De Yurre: Why don't we say this. Can we give a direction to-the administration to show us what it would look like if we were to take a million dollars from the whole pot to see what the end result would be. Vice Mayor Plummer: How big is the pot? Commissioner. De Yurre: As far as their departments. I think we're talking j about nine percent. Mayor Suarez: The economic development portion of it is a little bit over ~' nine million, so if you take a million out, it's more than ten percent. Commissioner De Yurre: In increments, say five percent, ten percent... ~:., Mayor Suarezs Would you give that to us before April 11th? Regardless of how this vote comes out, we need to know that. Just in case. ~~ 1,a Mr. Castaneda; Right. ~; ': ~ Commissioner Alonso: Yes. 3 .. Mr, Castanedas No, Commissioner, I have no problem with giving that. to ypu. r, Are we looking at cuttittg all the agencies by a percentage? Mayor Suarezs I think the way he was phrasing it, was a million from the entire pot. What would it look like for everybody else? ~~ ~ 1 Mr. Casta~tedas So, cut everybody tea percent or something like that. :;:~ }~; Ma~ox Suarrez: That would ba like cutting evs~ybody ten percent. ~ `. .. fit, Vc+~ k~ayQir 1'lummsrs That's social servlcea too? ~, s j ~,.. F ~, ~ ' ~ 10~ ~lsrch 2B, i9~1 ~'~ ' ~~ ~~~ { Mayor Suarez: I was leaving out social services, because .they're a different definition and we're bound to 15 percent there. -. Mr. Castaneda: Right, so that would mean a higher cut for everybody else. ' Mayor Suarez: It's about eleven or twelve percent then, I think. Or, unless yoU want to just leave it at ten percent as opposed to a million dollars, ~ Commissioner, which is a little bit less than the total amount ~~ Commissioner De Yurre: Well, let's... just show us what... ~, ~~ Mayor Suarez: Give us that too, give us that too. I mean, it's 3ust..~ once. - 4~ you d'o the calculations, you just add another... i1 Mr. Castaneda: Do you want the allocations to be half a million or three. p~p quarter... ? fk ~T~ Mayor Suarez: He was saying a million for the entire eligible portion which ~' is the economic development, I believe. '~ ~ t ' ' , re going to cut everybody ten percen Commissioner Dawkins: Yes, but if you then you got to take the million and cut it ten percent and come up with 90 percent... ~' Mayor Suarez: Yes... { , Commissioner Dawkins: ...$900,000. Mayor Suarez: That may be another way of doing it. Just doing ten percent `rather than a million, which is a lesser figure, yes. Give us both, a million - and ten percent, which is a lesser figure. All right, folks. We don't make a Y , ' decision today. ... Commissioner De Yurre: No, that's just... i; Mayor Suarez: There's an implication that three, maybe more, are willing to .vote- for this and that's the majority here. And the amount., s``still ~~' indeterminate. Earl, we thank you. I guess we... ~` ~ `Mr. 'Phillips: All right, .thank you .very much for allowing me to come before.'. ` - you. r Commissioner Alonso: Thank you to you. ~' Mayor-Suarez: ...wi1L expect you back on the 11th. And I hove a feeling you all are going to be back on the 11th. Mr. John McBride: Absolutely. If I could just make one... - ~+ _~ ? :: _ Mayor Suarezs I can't imagine that we would need any more clarification. . ,, . 'Mr. McBride: Just one more comment, Mr... ; ir` :~~ ~'; ,; Mayor Suarezs We're not acting on this now, but... u Mr. :McBride: My name s John McBride, 200 S.W. 2Sth Road.. I wanted..;: you all ,~ ' to know, and .this relates to the issue that Commissioner,. Plummear brougl~t.._up ~s;, <earlier today that he expects an answer from City Attorney on regarding our ,~ . ~; cooperation. Now Mr. Phil7.ipa, I'd like to say... I'sn a memberof the.Resoly~ 1 group,..aa act~.ve member.. Commissioner Alonso has had ..representatives there j and we're a very widely dispersed group of representation in the City of '~ Miami. And we-mete with Commissioner.. , F r ;-. Mays~r Suarezs Qh, another .guy.. saying : Miama now. ~~x': ;. a~ . ~ M>•, i~eArides Thet's beceut3e I'm a nat~.ve, dir. Mayor... '` Vice ~la~-s~x' Plummer: Xou tourist. ;> T _ ~~ t, Mayox. Suata~s We've changes tY~e nasue officially to Mlasai now. t~ ;~ ~ ;~ ~ - ~ , - - ~~ ~ X01 ~sr~h ~s,i~~~ ~:n~ ft. . _ F~; ~'a ` - _. Mr. McBride: 'We met with Commissioner busseau a week ago, ten days ago, trying to get some transitional housing and these people, I think, qualify under.., to try and help the homeless, We're trying to come up with some immediate solution to address the homeless issue, and Commissioner Dusseau's answer to our group, which included representatives f rom the Miami Roads Association, OEOW (Overtown, Edgewater, Omni, t~ynwood), and other organizations in this town. He looked at us point blank and said, verbatim, that you ail are from the City, it's a City problem. You go to the City. Now Mr. Phillips, can you guarantee us that you're going to get some cooperation .out of Dade County that you're getting out of the City of Miami? Mayor Suarez: OK, in this particular case, John, they come already armed with a fairly .hefty contribution from the County. Whether the County is contributing its fair share on the homeless for everything else, we are z actually... we gave instructions to our City Attorney to figure-out ways in which we could compel the County to get more involved in the homeless and so... Commissioner Dawkins: And, Mr. Phillips is only an employee. Mayor Suarez: Right. Commissioner Dawkins: If you all want to give somebody hell, give Dusseau and Avino hell. OK? Mayor Suarez: All right. Commissioner Dawkins: Sorry, sir. Mayor Suarez: Thank you. OK, thank you, folks. 15. BRIEF COMMENTS BY MS. JACKIE BELL CONCERNING S7.'ATUS OF OVERTOWN HOTEL. (NEW WASHINGTON HEIGHTS). Commissioner Dawkins Miss Jackie Bell. .May. I have a word with Miss Jackie - Bell? Will you come to the mike, please, ma'am. What is the status of our - hotel? Because I keep saying I want to hear this every month, because I don't hear nothing going. _ Ms. .Jackie-Bell:. We are working on it.. It's working smoothly. The City is .doing its job, Off-Street is doing its, and we are doing ours. Commissioner Dawkins: Do you have the land? Ms. Bell: No, the land have... Commissioner Dawkins: Do you have the money? Well it ain't moving smoothly. Thank you.. Ms. Bell: But, but... Commissioner Dawkins: No further... that's all right, thank you. Somebody will. have to tell me other than you, you know, over here why- where we are. Thank you. Ms. Bell: But I'm telling you where we aze. You asked me... ' Mayor Suarezs Well, one question that is very relevant to you... _- Commissioner Dawkins: You ain't got no money. ,_ tiayar Suarezs ...that you may be the only one that gives the answer, Jackie, becauaa I hear that it is not going well is where the private finanaisng its ~omiag from. Where's Mr. Monsier's financial stats3menk? __ _ _ Mayor Suarezs But that doesn't answer my question. Where is Mr. Monsiet' financial statements and his commitment on financing? Ms. Bell: We11, Mr: Mousier:.. ..Mayor Suarezs Or anyone else that you substitute for him. Ms. Bali: OK: Mr, Mousier, at this point, has his financial consultant ~; looking at the whole deal, bK? ;. Mayor Suarez: OK, when are we going to get a decision from his financial ~~.` consultants whether after looking at the whole deal, he's going to be involved in it to the tune of whatever the amount is you teed from him? ''_ ~ . ,,,. 9. Mss Bell: We dust spoke with the Manager, and he said something about, they ,t.~ wanted Lo look at it next month: We said we .will be ready. ~:; 4' Mayor Suarez: We 11, I hope the Manager wants tc. look at it next week,. because j` I -was hoping to look at it three months ago. and all of us here on this -~' Commission have been looking at it for ten years. So, you know, next month is ~ a long way from here, Jackie, frankly, you know. ' Ms: $elle Mr. Mayor, I'm the one who has had the ten years. I mean, you know... I Mayor Suarez: No, Jackie, no, that s not... i Ms. Bell: You know, I mean, I'm .the one who has had... Mayor Suarez: You've been the beneficiary of the ten years, not... E Ms. Bell: No, no, no. We'd, well... OK. Mayon Suarez: Well, I disagree with you, how you characterize it. Ms._ Bell: -0K. }, Mayor Suarez: In any event, we're all in agreement that we need an .answer from him. Is he going to do it? Or if not, we have to make a decision. A tough decision, but it's a decision. t ~~ Ms. Bell: We understandthat too. i' :.Mayor Suarez: All right. , i. ~~" Ms. Bell: OK. ~',' Mayor Suarez: Great. '_ ~„ ;E -. .., `; ,. ,. 1 - ~ - 5 ;5~. Via. - - , a - t .. - - :: ~.., ~ _ : ~ - - - - ~ !F 1 ;~ i T... . '. *. , i!,. - ... z i a _ ~}; ~- ~~Y. T ~ ~ ` ~' ~ - ' ' ~~ ~~ ~: ~~'~ .. ~ _ _ p ~f~~ ,~+~ ~_": _ . _ 16. bISCUSSION CONCERNING REHA$ HOUSING AND LACK OF PROPER SECURITY AT THps SITES - PU$LIC HEARING TO $E HELD AT NEXT COMMISSION MEETING - REQUgST MANAGER TO REPORT BACK CONCERNING LACK OF SECURITX, AND PRESENT USE $'f DRUG AbDICTS OF PREMISES. Commissioner Dawkins: Shave one more pocket item. Mayor Suarez: Emergency item. Commissioner Dawkins: Mr. Manager, I'm getting quite a number of complaints from those individuals who have rehabbed houses in town, and the builders over . there cannot provide police protection. And you come before... I want a public hearing at the next Commission meeting so all of those individuals can come before me and tell me the problem they are having with the security and '~ keeping the drug addicts out and being able to rent their properties at the next meeting. ~, ~` Mr. Odio: Where specifically on the... Commissioner Dawkins: Huh? All house... I'll give it to you. Mr. Odio: OK. ' Mayor Suarez: OK. Notify them too that we'd like to hear from them, so they're present, and we can get their full input. i j Vice Mayor Plummer: Did you see that thing last night? That tourist from Quebec? Commissioner Alonso: The what? Vice Mayor Plummer: The tourist from Quebec, the woman. Commissioner Alonso: Oh, yes. 3: 17. ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR .USE OF PORTION OF ~' ORANGE BOWL STADIUM BY: USA SPORTS GROUP, INC., FOR SOCCER GAME. y: h ~ ------------------------------------------------------------------------------ ; Mayor Suarezs Did we get... Vice Mayor Plummer: Mr. Mayor, are you going to take up... ~' Mayor Suarezs ...all the morning items resolved? ~Mr. Fernandez: Eight and 11. ~;, ~, Vice Mayor Plummer: Can you take up a couple of pocket items? ~. Mr. Odio: Eleven. ; Mayor Suarez: Vice Mayor Plummer, personal privilege. 3 - '. Vice. Mayor Plummets They're really not mine, they're the administration. ~{ You've been handed a copy of this. Where in the hell is the rssalut~on yon gave me on-the Orange Bowl, the soccer team? I don't have the resolution. ~j ~- Mayfly Suars~s Let the record reflect that he meant to say, where the heck ~s ~~; the re~olutipn, ~ ~. 4. ~- # ~ Yica t~ayQr Piummar: Xeah, oh... ~HEREt11'QN, THR VIQE MAYOR PI~UR .READ .THE RESOLUTIgN 1NTQ THE ~ PURL~~ RRCQRA~ BY TITJ~E ONLY. :~ . Y ,. I ao ~aova. - ~. A: ITTS t. } - yty~~ H 4 ~~4 Mar~ah 2~,19~i~ 1" ff -. _, ~~ .,- ,.. - -~ ,`~ ~~-w~ , `y Coti-missioner Dawkins: Second. Commissioner Alonso: Second. Mayor Suarez: Any discussion? If not, please call the roll. ~` the following resolution was introduced by Commissioner Plummer, who moved its adoption: RPSOLUTION N0. 91-243 _; A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL ;4{,~: CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION `` OF THE ORANGE BOWL STADIUM BY USA SPORTS GROUP, INC. w.: ;:,; FOR THE PRESENTATION OF A SERIES OF SOCCER MATCHES ON MARCH 31, APRIL 5, 7, 11 AND 17, 1991; FURTHER _ AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,. IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY ' - OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE; SU$JECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. ~, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez E NOESs None. ABSENT: Commissioner Victor De Yurre. 18. APPROVE DONATION OF SURPLUS FIRE APPARATUS TO DOMINICAN REPU$LIC AS PART ,~ OF SISTER CITY PROGRAM. Vice Mayor Plummer: Mr. Mayor, the other. item that I . have that .under your ~ Sister City Program of which you know I am the: sponsor, the Fire Department _ has`-declared two pieces of apparatus that:. is surplus. I have talked with :F Commissioner Dawkins to assist him in-the problems that are existing in Haiti. `At this particular time, I would make a motion that -those two apparatuses go ~ to the country of Dominican Republic .who:. are. in very dire need of these ' apparatuses-under the Sister City Program, and 'I so move, `sir. Mayor Suarez: So moved. s ` Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. x, ~. b, . ~- t ~. ~ .. '. 4 - '` ' ~.. ' ` r . ~. ~ Su _ _ _ __ ~.~' r The following resolution was introduced by Commissioner Plummer, who ~ -; moved its adoption: RESOLUTION N0. 91-244 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS ,a DESIGNEE, TO DECLARE TWO (2) SURPLUS FIRE TRUGKS A$ '" CATEGbRY "A" SURPLUS STOCK, AND DONATING THE SAME, ~' ~~ AFTER THE EXECUTION OF THE APPROPRIATE RELEASE `~" DOCUMENTS, TO THE FIRE DEPARTMENT OF THE CITY OF SANTO ~', DOMINGO, IN THE DOMINICAN REPUBLIC SAID VEHICLES TO BE USED BY THE CITY OF SANTO DOMINGO IN ITS FIRE FIGHTING j: AND RESCUE EFFORTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ~~ Upon being. seconded by Commissioner Alonso, the resolution was passed ~~ And.-adopted-by :the following vote: '- ~, ; " AYES: Commissioner Miller J. Dawkins - t ..; ~ i. :r~ Commissioner Miriam-Alonso ' Vice Mayor J. L. Plummer, Jr. ; ' ,- Mayor Kavier L. Suarez ~_ NOES: None. ABSENT:- Commissioner Victor De Yurre. ~ ~~` 19. APPOINT .INDIVIDUAL TO MIAMI, WATERFRONT BOARD" (Appointed was: James ;' Hardie Davis). ~ _ ' __. --- - j - - - -- - ,r ~ .Commissioner Datwkinae 'Mr. Mayor, I have a. .. I thought that I... 9.ti ~~ ~" Mayor Suarez; Commissioner Dawkins. Commissioner Dawkins: I thought I put Mr. Davis: on the Waterfzont Advisory Board,: aad I find that I didn't: I'd like'to move that Mr. James Hardie Davis ;.: :., be appointed to my vacancy oa-the Waterfront Advisory Board. ~ --~ .Mayor ,Suarez: So moved. Seconded by Vice: Mayor Plummer on his appointment to ~ the Waterfront .Advisory- Board. Vice Mayor Plummer: Oh, of course. ' Mayor Suarez: :Call the roll. ~ j , The follotaiag resolution-was introduced by'Commissioner Dawkins, who moved its adoption: ~- :' :: , fir;. i_, ' RESOLUTION NO 91-245. ~> s` f ~, . ' A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER" ON _ ,.;; '.. `'' , , ',: :TO SERVE THE.... ;.., THE MIAMI WATERFRONT ADVISQRY 80ARD :; : . REMAINDER OF AN UNEXPIRED; TERM. ' ~;~*~, a;; - :~~p '" (Hexe follows body. of resolution,: omitted--here and on ~=' Y; file in .the O~~ice of the pity Clerk.) .. Upoa being: ~saconded by Comt4ission~x `plummeac, the ~Cesolution was pas~,~d ~ `~, r.~: ' - and adopted by tha Following v4t8c ` "~-~ ~i 7' __ x ~ ~ 4 . < _ ., *'~ ~ _ ~i,. . . ~, ;,' _ - ~ - y hci F_ ~ ~' i' t ~ ~~ .~ 1~ ~~ R~ - I 1 ~' e. ~ ~"M'' ft ? ~ ` :- '~' L ~ / ~~ ` ~'~ ' 1 . .~ ~ .. AYE§: Commissioner Miiiar J. ~iawk3ns Commissioner Miriam Alohso Vice Mayor J. L~ Plummer, Jr. Mayor 1{avier L. Suarez - NOESe None, ABSENT: Commissioner Victor De Yurre, Commissioner Dawkins: Thank you, Mayor Suarez: Thank you. ~~ y~~.~..~..~...~~___..~..~...~.~_.._~._~~.-------___~~ -------------------~---------..~.._~.~: . - 20, AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO PREVIOUSLY-APPROVED 15TH YEAR - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), TO REFLECT REALLOCATION OF $300,000 FOR CONSTRUCTION OF NEW TRAUMA CENTER AT JACKSON MEMORIAL HOSPITAL (FROM $1,000,000 PREVIOUSLY ALLOCATED TO .LAND ACQUISITION FOR CAMILLUS HOUSE). i. Mayor Suarez: OK, the morning items, did we :-esolve all of them? =or do we need to take a vote on eleven? Mr. Odio: Eleven... I need eleven so we can issue a check to the Jackson Trauma Center. Mayor Suarez: OK, I could have sworn we did that but.., Vice Mayor Plummer:. So move, with pleasure. ..Mayor Suarez: ..:I guess we need to do it by a formal resoiution. So moved: Vice Mayor Plummer: :With pleasure. _ _ ' Commissioner Alonso: Yes, I second and delighted, Mayor Suarez: Seconded. Any discussion? If not, please call the roll. It's the money .for the Trauma Center.. which we have previously argued" about," discussed and approved. Mr. Ted. H Weitzel: Mr. Mayor,.. Vice Mayor Plummere `Wait a minute,'who"wants to say something here. Mr.~Weitzel: Yes, before qou vote on it, did you discuss"that this-morning? I thought it'was still' on the agenda for discussion.: Mayor Suarez:` Discuss the $300,000 for the Trauma Center? , Mr. Weitzels Right. I'm Ted Weitzel.... . Mayor Suarez: We've discussed that before, Ted, and we've approved it in princ~.pl.e. I actually thought 'we had approved it.," period, but h gue"ss ` we need - a foriaai resolution. r~ Y~ ~ - - ~~ Commissioner Aiohso: We-did, F _ ~.: E„ Mayor Suareze I don't know why, it seems l.ika,,, Vice Mayer Plummer; No, excuse ms, Mr. Mayor, that was $300,000 a year far I,•; _. five aa~s This ~.~' this ear's aliocatioa. .. Y Y { _ i, Mayer Sua~Q~i i guess ras ~e~d a di~fe,~ent vote on Shia ysax'~ a114oatioA, " 4 . 'scu'd Mink eve could do it all b onc+~ Ss~, do yQ~ havQ any problem w~.th ~ ~~~~ _~ - A t' ;~ . 3~~- ~fa~.t~+alt My only ob~~~tlpri is bat ~ hats ts~ ~s~ tRO~~y Sea from Dyart+~4~ , ~. ~ ,s~ya~~, ba~ause ~s need It ~A >a~qulx~a tk~a p~op~xties to finish ttj~ P~'S~~#~ofi~ -,_ ~hs~~+ s~ nth and it~th ~t~aet, ~h~t's my only Qb,~oction. F u 1~~- ~k~~r~~3 ~~ <<~~~~: ~~~ - r J '. - _ ~ a ~~' ~ ~ m6 ~~~fG Y~ Y~..;*k ~. ~..h.IC se~.yl M"1++-iR"._ I-,. _ xro f~ ~S A: -.~ __ _ _ - - ' Mr. tldio: The money is from the Camillus Iious3e allocation. It has nothing to do with tht3 dvertbwn... ~otnraissianer Daaokisys: $ut what Y think he's salting which makes. sense, but r don't know if it's going to matter. In the event that the Camillus House. dseidei~ to move to Homestead Air Force Base, and they want the assns amount of money for their property, and you've taken $300,000 from it, hoar are you going • ter replace it7 I think that's... Mayor Suarez: If that happens... if that fortuitous thing happens, whs~re atiould we find the $300,000? No, and I don't mean that in a facetious way. Who knows? The Lord has blessed us every once in a while with even mare interesting things, so... i Mr. Odio: That's why I was explaining to the Commission, something has to give . Mayor Suarez: You would find the $300,000, I am sure. Something would give. Commissioner Dawkins: Because it was coming from some place else anyway. Mayor Suarez: Yes. Mr. Odio: I'll take my money back from the County that they dust took. Mayor Suarez: Yes. OK. Mr. Weitzel: That's fine, I gust wanted to go on the record objecting to it, that's all. Mayor Suarez: Ted, I mean realistically, that-other deal fell through, 'you know. We might be in a position or not to restructure it, I don't know. So far, nothing has been proposed.. If it happened, I guarantee you that if, you know, we have to dismantle part of City Hall or otherwise, that $300,000 would be found to do that, if that fortuitous circumstance appeared that they were.. .willing to move somewhere quite far away, you know. f Mr. 'Weitzel: Fine, I'll take your assurance. Thank you. ` Mayor Suarez: All right, sir. ~ -',' Mr. Weitzel: OK. Mayor Suarez: I wouldn't mind, in line with what Vice Mayor Plummer said earlier in `the 'day on this same issue, also' advising you, Mr. Manager, in entertaining a motion to that effect, that the rest of that money be placed in e' special account of some sort dust in case something like this comes, and that we .don't touch it, use it, and otherwise be sure that the rest. of that '• rnoneq is sitting there dust in case we have a possible'... Weren't•you headed in that direction this morning when"you were talking about the possibilitq... Comtdiesioner Dawkins: Mr. Mayor. Mayor-Suarezs- Yes. ,,j• Cos»missios~er Dawkins; Commissioner Alonso already has a Eund established. u" What hoe it got is it? -8ix million dollars? ~ . ~` Comsniss~ioner Alonso: Yes. ~: ~, " Mayor Sutarez; The minimum reserve account. But that's 'for the whole City's , k,;:, operatioas. rs ' Co~nj,>aeioner ~pawkins; X111 right, so this money.. , and the only thing :ran :~ome of them.,, ,}" M~yc:a' Suare2: Do Ypu want to but it in th~rs? ~- ~. ~ ~olt>mi~~iamer A~*s-k~.~sx ~~a only thing aa~n cc~m~ out ` e whoa thin ~tau~uuis~>sis~n ~~ ~_~ , ~r` ;,. . , ~ t y . ;~: ,~;~~ :~. Mayor Suara~~ That's .right: Commissioner Alotiso: night, ~Vio~ Mayor piummers F'our~fifths rote. ' Commissioner Alonso: Yes. . Coiumissioner bawkins: So stick it in there. - Mayor 5uares: OK. Why don't we move to make that now $6.7 million then'? -~ grhich tewhat it .comes out to be. i 3s , z; Comtaissioner Dawkins: So move. '~ `Vice Mayor Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Mr. Odio: Excuse me, me cannot mix CDBG funds with general fund money. Mayor Suarez: All right, well we do it by having two different. accounts... Mr. Odio: We'11 have a separate account. Mayor Suarez: But the total amount is $6.7 million. Commissioner Dawkinss A11 right, we set up the same similar for bank account, and you bring me the number. at the next meeting, and there again, it takes 4/5ths v t { o es to take it out. Mr.:FrankcCasitaneda: Commissioners, what I can do is put this money into contingency, and keep it in contingencies.- However... Mayor Suarez: Well, we want to know what account it "s in. `- We want to make- sure that all of a sudden it doesn't disappear, Frank.- That's... ;; Commissioner, Dawkins:. Contingency,-who can take it out of the contingency f ~; und? .; ~ `i ~ Mr. Castaneda: Well we can , put it in contingency fund and:make sure thaL`it ~`; :~ stays here, -yes'. ' - ., -, Commissioner Dawkinss No, no; no. ~ Mayor Suarezi That's what we're trying to do by motion. Mr. Castaneda: However, I want to make... Mayor Suarez: That's .what we're trying to do by a formal mechanism that says s `( we waat,the money earmarked, we want.`.. Vice Mayor Plummers Yes, but he wants to do it by 4/5ths vote. Mr, Castaneda;.. Ye . s s Comtnisaioner Dawkins:,;; That's right. ~ ; r:. ~: Mayor Suarez: Right. ~ i ' Mr, Castaneda: Commissioners, I have no probiem with what you're sug$est~.ng to - ~ ,put it ~~ contingency, I~owbv$~,, I want you tq be awar+~ that ZTMart is f asiking ar an additional $1SO,QQO. I don't... `~ ~ .~.. ;' Vise Mayer Pl.ummerr Who is~ ,caking? '~'. ~ ~ t~agQr iS~a3r+~s~: Ws haven't gotten to ~~at yat. We want ~o be aksolute3y sure ~. that th~~ tRP~By ~+~~+~ ttUt go t9 aomathng alas, ~'ran~c, that' ~ a11. N yg T ~: ~ - ~~ ' K4 t ., ~ -~~ ~~ . - _ ~. i.. .-. , . } ' - ~ , ~ A ~ ~.~3 t ~~'S aa /~ R aa ~ ~~?~t'~.~'~}F~s ~i~~ ~ l~_ } __~ ~. ~ , , .. ,..., `_.__ ._ ~ ' 1. :.Mayor Suarez: And, we ~ re idiykin~ for a mechanism, I~ qo~ gt~t ~ bett+~r ~echatism, tell us, Mr. Manager. =:- i'ics Mayor glummer: dh; ch, oh. '. ~~ ' Mr. Ociia:. I' 11 agree, the money's frozen, Mr. Mayor. And I' it remind you of ` ~, that when you try to use it, ~ ~, ~; Mayor Suarez: And 1 think the Commissioner's idea, Commissioner Dawkins' idea is a good one, that we. should have an identified account with a number. See ,;; Carlos Garcia in the back, he loves those separate escrow accounts. they ;. strengthen our financial statement, et cetera, and it doesn't hurt anybody. ~' Might? Vice Mayor Plummer: Let me ask this question. Can that money be carried over ,! from year to Year? Commissioner Dawkins: Yes, yes. Commissioner Alonso: Oh, yes. ..Commissioner Dawkins: .Yes. ,Vice Mayn~M.Plummer: All right. Mr. Mayor... Mr. Castaneda:. Right,.but you don't have cash on hand. I want you... Mayor Suarez::-Tull. we answered it for you. Vice Mayor, Plummer: All right. One of the things that I'm concerned about... .Mayor;. Suarez: Not indefinitely,-no. I think that. HUD would... V ce,Mayor~Plummer: OK. One of-the. things that. I'm concerned ,about. is our obligation of a million and a half. Why can't we establish that in a fund for Lhat:,purpose,:but only payable,-at the rate of $30D,000: a:year,,and'the rest of - ~- the money we'll collect the interestoff of. Then we're assured of bur obligation ,being met: It doesn't mean.. that three votes of this Commission. can't change that at a later .time, but at least it's restricted and reserved. <~~ Mayor Suarez: Yes, but how do you go from seven hundred that we've got left ~ to a million and a half - - :which ,is, the„ commitment? ='} , ~;- _ Vice_Mayor;Plummer: Well, I thought it was a million seven. Horn much money , ,. ~~`' 3 is left in_the Camillus.House commitment? ~ .: _:_ ~ . - Mr. Castaneda: One million dollars is all I have from Community Development. .. _ Mayor Suarez: And-three ..hundred we just approved,: Frank. Commissioner Dawkins: How much did we start with? _: .. ~ .. Mayor Suarezs I thought we had a million. _ ; Mr, Cast~aedas, A~million. ., ~ a ~:. ~ ~ Cosntnissioner Dawkins: That's all Camillus. House was going to get .was a ~. >nilliQa dollars? ~.. ~' ~ ~. Mr. Cas~tane~ias No,,,air, , , ~' Mayor Suarez: Yes, we had e>cp~~ted to get... ;: :: , rs, *, ~ammisaioner Dawkins; Huh? _ ~ Yic~ Mayor Plummets Nsa. 4 _ ,. tied io~~r Alct~ns~a s NA. ~~ytax';_:~ug~'e~r~ . ~:W~a ~OrA gt~~.ng ~~ asams~ a with anQt er fiv ~ h- ~ hundred w~xhi.n ,._ ~t~ax? -.12 mouths ar soas~r3thins tar. , , . 7 +~ '` ~ ~ y^ .,, ` t ~ , ~ ,, r ;. y .: ~ r ~ - ~ '~~ y,~ j~, ~ qq _ . ~~ ~r . . r * Ky4 ~ ~" t _. 's 4cIRRt ~. ~ ., ; - . -. ~ t A . _ Mf. Odio: The next allocation. a - _ , Mayer Suarez: The next allocation. t~ict~ Magor Plummer: Then plus five hundred at $100,000 a year for social :~ervice7 Maybe Suarez: Plus a hundred a gear. So we had a lbt of commitments. Mr, Odio: When it began, we set aside... Mayor Suarezs But the one that was earmarked was a million. Mr. Odio: We set aside a million dollars. Mayor Suarezs Set aside is abetter word. Vice Mayor Plummer: Well, Mr. Mayor, even if you only have seven hundred thousand remaining, is at least set that up for future commitments payable at no more than $30,000 a year. It doesn't mean that at a later time it can't be changed, but at least it's a commitment at this time to live up to that obligation which I think everybody can agree upon is a necessary item. Magog Suarez: And we have the commitment too. Commissioner Darakins: As long as its... Vice Mayor Plummer: I'll make a motion at this time that the remaining $700,000 of that account be set aside and restricted for the City's obligation and co it t t th J k mm men o e ac son Trauma Center. Commissioner Dawkins: I'll amend that... Vice Mayor Plummers For future payments, not to exceed $300,000 a year. Commissioner Dawkins: Amend that to say, $700,000 plus interest. Vice Mayor'Plummer: Seven hundred thousand, plus interest, of course. Commissioner Dawkinss Yes, of course, of course. Mayor.Suarez: With the interest going right back into the same account? Commissioner Dawkins: Yes, sir. ` Vice. Mapor'Plummer: OK, I:.. - Mr.~Jorge Fernandez: But, you know, may I suggest something? What you!re ` doing is: that you're tying that year's CD funding for the remainingfour years ' : that ar a coiiiing .:. " Vice Mayor Plummers No, it's only going to be for two years or three years because of the fact .that we don't have the full amount. ' Mr. Odio: You°re going to allocate the whole amount to pay for the Trauma ~;, Center? ;` Vice~Mayor Plummers° We're allocating and restricting it. r Commissioner Dawkins: We're restricting it, and when we get ready, we take it ;; out: to do what we want to do with it. We're dust restricting it. ' _; Vice Mayor Plummer: It doesn't mean we can't change that allocation. ,` Mr. Odia: Fine. .-~ Mayox Suarez: ~ would res~pectfuliy request suggest that by setting u~ an account with the underatandin~ `that' we'vo gat` that QtY~s~ comroit~aw~x~t tpo, t2~e r long ~ersn commitment,. we're Q~. ~ ~eazs, ~u8t :~a it's not sge~t. 1#ud the- - ; , ~~tex'est ciraui.ates xight'ba~lt unto the account. ._; . . , . ,~ ,. ,- ~:x ~~ ~- ~l.a.TTe~'N` R. ~X.V~, c < ~.~, - xa -- -« ~ ., -- - ~ -~ ~-• ~ - - .. r1~ n1Yc~.. ~... t dice Mayor plutnmers It's hard to argue with the fact that you have ns5 tilons~~- when its going far the Trauma. Mr. 6dio: I think you need. to know this, that this money is not here sitting 3n-our banks: commissioner Dawkins: Where is it? Mr. Odios Tt's in Washington. Mr: Castaneda: In the letter of credit you cannot make interest on federal money, it's .illegal. Mayor Suarez: All right, well, if you can't make interest on it, then we're not going to put that back into the account, but as to the $700,000, hold on to thaty please, Vice Mayor Plummer: .Well,. but can't we apply to .Washington right now for the y .full million dollars? I'm not saying make interest. To apply for the million, at least we'll have that amount of money... Mayor Suarez: Well, it's tough to apply for the money and say we need it because we want to :put it in an account to be used later. for a variety of commitments, you know. Vice Mayor Plummer: To live up to our commitment. We might want to pay it off early. Mr. Castaneda: Commissioners, what you can do is pay off... if Jackson has bills for that amount,. we can pay off Jackson, you know, for their expenses, one million dollars. If that's what... Vice Mayor Plummer: It's not what we want to do, Frank. Mayor ,Suarez: No, no, we certainly don't want to. do that. Vice Mayor Plummer: Can you apply to the federal government right now for the full mi113on dollars and set it up in a reserve fund based on the commitment `` " of :this.Comsnis3sion:to a..million and ahalf? ;, -~ " .. ,.,: Mr.-.Castaneda: Commissioners, you can only draw money frosq the federal funds unless you have expended them. Therefore, the only way that you could -draw them... draw the money from the federal fund is if you are giving it to:.. ~~- ~~ Mayor";Suarez:. All right, please come up with a mechanism that we can have-the $700,000 in hand to put into an account. Yi .Vice Magor:Plumsner: When. is the .next funding cycle? ~.. Mr. Castaneda: Next :June.,,: ,, .. :: , ` `." Vice Mayor Plumtners Albright, so we're taking three hundred from that now. Mr. Castaneda:. Right: ~~ Vice Mayflr Plummer: In,Js~ne cosaing,;we can take another three hundred thou. ~~ SCR - Mr. Gsstaa~da: Th~t,_~.s corregt. Vick Mayas Mummer: QK, ws'va:put..that,an reserve for our next payment. - ,, ~: CAminissione#~ Dawl~inst ~o, ,you got to pay it, J.L. ~~ ~~ ~ M~. Cas~tan~.da: We $ot-to paY:t, .. - k~ i!~~a Mayer i'lumm~~'x Q~. Aid. fight. . ''rar ~ ,` Y~ t~~Y,~~' &uare~: Ao '~~ z~st~d,:, ~o. vtste on that with a~~i of those qu~sl ~ f rations, ,, ~'_ - . res~~'i~titt~ra, and under~tandinge? ~, T - - _., ,.r, . ,_ YiCs Mayor Piummar: Nnf as ~.oa$ se the Masag~~ ~nsi®ra~anda it. ~- - - 'ice i'. %-~ ~+ - ~- ~ 9 ~ _ 1 - ...: R i ry 5 tf ~ ~5 ~ ~ ~ l:; ~ ~~` , tom. „~. -'~. 3... s ~ .~ r ,: . ~ ..o ~ ~ _ e ;t ~~~~ ~` 1_ t F ~, 1 r:. Mayer Suarez: OK. Mr. Herb Bailey: Can I..,. Camrnissioner, do you understand that we are only reitnbu>=sed for monies that are have spent, not getting it in front? Cr,ttt[-issioner bawkinss We're going to pay the three hundred, and than let them reimburse us and put it back where they got it £rom. M~. ~gileya Come back to us then. The most we can do is 3ust restrict its use, but we don't have the cash. Mayor Suarez: OK, if there's any mechanism by which we can get the money by pre-application and have it set aside, please let us know about that. Mr. Bailey: No, I might as well tell you now, Commissioner, if you want to know. Commissioner Dawkins: But we can pay it though, Mr. Bailey, and you can request it be reimbursed. Mr. Bailey: It is reimbursed the moment you spend it, yes. Commissioner Dawkins: So, therefore, as soon as the Manager sells his participation- bonds, tax participation bonds, for 15 million dollars, I can get $300,000 and pay them and then they'll reimburse it, right? OK, thank you. No problem. Mayor Suarez: Alb right, PZ-1. Mr. .Fernandez: You take a vote on eleven. Mr. Guillermo Olmedillo: Mr. Mayor and Commissioners... Mayor Suarez: Do we have another. morning item? No, the Commission indicated they didn't want: to .vote on that, Mr. City Attorney. Ms. Hirai: Mr. Mayor, we need to call the roll. Mayor Suarez: We did not call the roll. The Co,-nmission indicated they wanted to leave it as instructions to the Manager informally, yes, .consensual discussion, et cetera. >: ~. ' Ms. Hirai:. All 'right. ~.-. ~: Mr. Odioi` You`mean'tha Latin Quarter.„.. Mayor Suarez: PZ-1, I'm inclined to call unless you tell me there's something else that somehow ira'missing`hare. Mr. Odio: We have the people here from Little Havana, the loan program. I ~~,~ think that's... Mayor Suarez: All right, we have the Little Havana loan program. That's from the morning-agenda. " Vial Mayor Plummer: Did we vote on eleven? '~" Mr. Od~as Numbs' ei ht '~~ B , number eight. ~` . ~,, Dias Mayor Pl,umsner: Aid wa vote on eleven? ~. , .. ~!. Mayor ~uardzt We did'aot vote.:. ~' ,j =` Commissioner Aloaso: No, because I ~ues$ we decided... ~; =; Vice Mayor l?l,umsners Weil.,. that's noth~s}g more tt.an to... w ~. :_ ter. M~yQx ~~aaraz: NQ, we did vote on eleven. ' ~: Y~oa Mayor. Plumanar: We d3:d voto- on- that? ~t~yo~' S~a~s~r 'lea, N ~`. ilk ~f J~ - ~i.. - .'~r7lj,~..Ynn'..dF _ yY.":.}vtf;t SR y.'_ Fins s.i.. ., t_ Vice Mayor 1'].ummer: Maflam Clerk... ~~ ~f Cotruniagioner Alonsa: Did tae? Mss Hirai: t understood the Mayer to say, sir, that it stood as a discussion, {(}}(~~ 1; - ~~ Mayor Huarex: No, but on eleven itself, on the $300,000 allocation for the ~r~uma Center, we did vote on that, i Viae Mayor i'lummer: We haven't voted. Ms Hirai: No, we have not called the roll on the item itself. Vice Mayor Plummer: No. Mr. Odin: No. - Commissioner Alonso: We did not. Mayor Suarez: Call the roll on that then please. - The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 91-246 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL .STATEMENT.. TO THE U. S. DEPARTMENT OF HOUSING .AND URBAN DEVELOPMENT .(HUD) TO REFLECT A REALLOCATION OF FUNDS IN THE AMOUNT OF $300,000 FROM THE $1,000,000 ALLOCATED FOR LAND. ACQUISITION IN OVERTOWN FOR THE PURCHASE OF CAMILLUS HOUSE TO THE CONSTRUCTION OF NEW .:TRAUMA CENTER AT JACKSON MEMORIAL HOSPITAL IN-THE CITY OF:MIAMI, FLORIDA, IMPLEMENTING RESOLUTION N0. 89-830,. ADOPTED SEPTEMBER 14, 1989, WHICH ENDORSED THE CONCEPT ; ;AND PLEDGED, CITY FUNDS FOR THE DEVELOPMENT OF SAID _ CENTER . r,, s~. ~, (Here follows. body of resolution, omitted here and on' i- ~' ;file in the Office of the City Clerk.) . " Upon being seconded by Commissioner Alonso the resolu tion was passed , and adopt$d ;by the following vote: ~, AXES: ~, Commissioner Miriam Alonso _: Vice~Mayor J. L. Plummer, Jr.._ ~; - Mayor Xavier L. Suarez ~_l.. r ; NOBS; None, ABSENT: -;Commissioner ,:Victor De Yurre .. Commissioner Miller J. Dawkins. `' ~. . ` (DTOTEs AT THIS POINT, THE CITX COMMISSION CLQSES - ~~ _. - ~- CON~IDERATI+ON ~~ OF REG[I1,AR ,,;AGENDA' ITEMS ^ TU CONSIDER ~° ITEMS FROM THE. PLANNING AND ZONING PORTION OF THE ~~ : ~=_ :. , AG~1DA. J ~. - .. ^ .; ,.... .:,.= ,; ; - ~,- _ _ t-- .` '~ x A; ,. - -~ ': ~ . ~ ~" ~ t .~_ { : ~' . , ~= ~ `~ H~ .~ ~ ~ i ). ~j ~/. ~y 3R /y~4 ! ~- -~~" h~ '~~ t r ~ t, ~ i' '~ ~. T _ _____ ., - y~. s 1- ~iL/iYYi1.riYilri...ritiai..Sri.~:ii~~~ii.-r~liirriYfi~ii~.rises.i~~i+f~~i:~~iL.~rn~c.c~4arrJ:I:Y~-~rJ~-~wi+awrir~irr~i YlWYr.rirli:.abYiYYrYYWWi~i1YY1i'fi~4 21, SECOND READING ORDINANCE: AMEND 9500 ATl,A5 = CHANGE DESIGNATION A'~ 1400 N.W. 10 AVENiJE FROM OIj7 OF'F'ICE-INSTITUTION TO 02/9 OF'F'ICE-INSTII'tJTIONAL (Applicants West Brighton Assoc.) ~ i Mayor Suarez: AY1 right now, we have item 8. Mr. Odio: Eight, Mayor Suarez: What is the number of the item? -8 from this morning? E Vice-Mayor Plummer: They wanted that at 4:30. Mr, Odio: They're here. • Vice Mayor Plummer: But that's a maybe not all of them, because it was ad... . Mayor Suarezs This is about the third time that I asked about item 8, and the third time that I'm reminded that it's a 4:30 item. Please everyone, this _ item will not be heard until 4:30. We're at 4:23. PZ-1. That was at the request of whoever is interested in item 8. Mr. .Guillermo Olmedillo: PZ-1, Mr. Mayor, is an application for zoning change. It's a second reading, property address 1400 N.W. 10th Avenue. You .may remember that we have a covenant which was proffered by the applicant. We reviewed the covenant. We only have... Mayor Suarez: Is there anyone here that wishes to be heard on item PZ-1? - against PZ-1, the application of PZ-1? Commissioner_Alonso: T have a question. Mayor Suarez: Let the record reflect no one stepped forward from the general public. Yes, Commissioner Alonso. Mr. Olmedillo: Yes, Commissioner. Commissioner Alonso: I have a question.. Could you clarify this for me? This ~ covenant that we have -been working, and they presented, and-they have: taken ` back and forth.. Is it" really needed when, in fact, under 9500 they only have 90 days? Is that afact? Mr Olmedillo:. It is a fact, and we feel that it is not needed because in this particular case we have 11000 which provides only 90 days from approval,- final:approval,:of this Commission, to obtain .;a .building permit.. So.`the - restricted covenant will:>be-redundant in a way, and sometimes may. conflict with each other. ¢, .Commissioner Alonso: Because they only have 90-days. Mr. Olmedillos They only .have 90 days from second reading of this ordinance.- Commissioner Alonso: So it was unnecessary really. Vice Mayor Plummers My motion, which was trying to be restrictive, would have been, in Each, lucrative to them. So my motion then would actually be mull '. aAd void basted,: on-the fact.-that the previous of 9500 conversion over poly '. gives you,., Are you going to purl a permit in 90 days? _,. ~'Y Commissioner Alonso:. They better. ~~ Mr. V~.rgilio Perezs Yes, we will. ~ :` Vice Mayor Plsir: QK. -+ - ~,` Mx, Perez: In fact, wa wentac~ to say.. t~aat we be~l.evs the same th~.ng. Vide Mayo' ~~,umroe~c; A~31 right, one ot#~sx~ proViai,on that was broaght to` my ' at~~t~t~Q:a. ~h~a mox~t3.ng, and I. dida:'t sae yQU ~~ t~t~.k, w~~# you abQ~t i.t, any ~~~ ;Mares ~~~ ~99~ ~, ~ • you better put it on the record, as you related to me about the parking gtructure as an accessory use, if they built that and only that, would be a problem. Mr. Olmedillo: They would have to come in for a special exception, a public hearing, which is a special permit. Vice Mayor plutnmer: OK, but put it on the record what I was told this morning, that if they pull a permit which is what we're talking about, and they only pull a permit on the parking structure without pulling a full permit is what we understood, what transpires? Mr. Perezs Well, I want to clarify this, Commissioner. Mayor Suarez: No, before you clarify anything, we have to get you sworn in. Unless you obviously, you know, unless you have to. Are you going to have to be heard from? If so, Madam City Clerk, swear him in. There's no one in opposition, so we only have to swear in one side. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Perez: My name Virgilio Perez, 1401 W. Flagler. I want to clarify, Mr. Commissioner, that we have to pull a foundation permit to construct the garage '- and the office tower. This is a two phase project. You cannot construct the ~~ office tower without the garage, and the foundation permits are the same for ~' both. ;~ Vice Mayor Plummer: OK, they were concerned. The concern was expressed that ~! if, for whatever reason, you built the parking structure without building the ',t office structure, that a different set of rules would apply. Am I correct? Mr. _ Olmedillo: In order to pull a certificate of occupancy, they would have '1" to go through a public hearing special exception process because that will be - i a stand alone... Vice Mayor Plummer: If you're building both simultaneously there's no problem at all. - Mr. Perez: We don't have any problems at all. In fact, we have talked to Mr. ~ 0lmedillo that if we want to use the garage as a principal use while we're constructing the office tower, which will be on a second stage, we could do it on a Class C-permit. Is that correctl Mr. Olmedillo: Under the provisions of zoning ordinance 11000, yes, that will ~~ ~~ change to a... ' Vice Mayor Plummer: OK, why do you guys make rae bring this on the record? I mean, !it's not .you,. excuse me. Mr. Olmedilto:< We explained it fully to the applicant. ;Vice-~Mayor:Plummer: OK. Mr. Olmedillo: He is fully aware of it. k ; : ,- Mr. Perez: We have discus$ed it. We dust want to make sure. it's on-the reccord,. _ ~, dice Mayar;Plummer: OK. ; ~~ i~ _ Mayor Suarezs'% Aaythiag further? I'll entertain a moton.on the item. ` x> , v " Vice Mayor Pluaan-er: -So move. ., - ~_ `~amRai.s~ioner De Xurxe: Seoond. , Mayer ~uax'e~: Seoond, Read ~h~ ordinaa+~e, p3.saae, - ~ r .- ., V~cd Mayor ~~.wnmer~ head the ordi~gh~e. , ,Y : ; . ; 2~ayor SuaregF ~ri~B back ~~e~rg~t Fe~r~and~~, fall ~~e ~'Qll, ~: ,'. ~~~ Maxoh 28,,~QQ1 i ~~ _ 1~ ~.. f .. ... AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF' MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM OI/7 OFFICE-INSTITUTION TO Ot(9 bI'FICE~-INSTITUTIONAL FOR THE PROPERTY LOCATED AT 1400 NORTHWEST 10 AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, BISCAXNE CIVIC CENTER PLAZA, AS RECORDED IN PLAT BOOK 115, AT PAGE 63, OF THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 24, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10858. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 22. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION OF AREA GENERALLY BOUNDED BY N.E. 2 AVENUE AND BISCAYNE BAY FROM N.E. 36 STREET -TO I-195 (AIRPORT EXPRESSWAY) - APPLY PROPOSED SD-20 OVERLAY DISTRICT AND RETAIN UNDERLYING ZONING DISTRICT CLASSIFICATIONS (Applicant: Planning, Building & Zoning Dept.). - - Mayor Suarez: PZ-2. Vice Mayor Plummer: Move it. Mr. Guillermo Olmedillo: PZ-2 is a second reading. Mayor Suarez:. Moved on second reading. Do we have a second on it? Does angone wish to be heard against the item of PZ-2? Let the record reflect no `; one stepped forward. Do we have a second? Commissioner Dawkins seconds. ~. Read the ordinance, Call the roll '' 3; E AN.ORDINANCE ~; AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE ~; -' NO. 11000, AS AMENDER, THE ZONING ORDINANCE OF THE '~ CITY OF MIAMI, FLORIDA, BY APPLYING THE SD-20 Y, ~' '€` EDGEWATER OVERLAY DISTRICT TO THE AREA GENERALT,,Y _' FOUNDED BY NORTHEAST 2ND AVENUE AND BISCAYNE BAY, FROM '~ ' NORTHEAST 34 STREET AT I~195 (AIRPQRT EXPRBSSWAY), ~ ? MI,AMi, FL4RIAA (MARE PARTICULARLY DESCRIBED HEREIN); ~~ BY MAKING FINDINGS; ANA SY MAKING ALL NECESSARY GHANGE& ON PAGE 1~ QF SAID ~pNING ATLAS; CONTAINING..A t'. REPEALER PROVISION AND SEVERAATL~TY CLAUSE; ANA PROVIDING ~,N EFFECTIVE RATE, t i~7 ;M~~t~~t ~8,19~1 .., ; ~. ~~' i. y i pgeeed or1 its first reading by title at the meeting of December 6, 1g~tl, rasa taken up for its second and final reading by title and adoption. tin motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez - NOESs None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10859. The Gity Attorney read the ordinance into the public record and _ _ announced that copies were available to the members of the City Commission and to the public. 23. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION OF BLOCK BOUNDED BY N.E. 50 TERRACE AND N.W. 51 STREET BETWEEN N.E. MIAMI PLACE AND N.E. 1 COURT (MIAMI JEWISH HOME) FROM R-1 SINGLE FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ-3, second. reading. Vice-Mayor Plummer: Move it. ' Mayor Suarez: Does-anyone wish to be heard against PZ-3? Let-the.-record reflect no one stepped forward. Vice Mayor Plummer:. Is this Cushman School? ~'' ~; Commissioner Alonso: No. }. ~., Mr. Olmedillo: No sir,. this is the Jewish Home, the last piece of the Jewish ~ ~~:, Home zoning amendments. _ ~' ~ ,: Vice Mayor=Plummers OK, thank you. .. Ga,, ; ~~ t~. Gammissioner-Dawkins: Over there, by Sable Palm? ~ f Yice-Mayor°Plummera Yes. ;. . ~ r Mr. Olmedillo: Yes, sir. i Commisaionsr.Da~vkinss Thia is the last what? _ ~; ~,=' Mr. Olmedillos The last piece that they were trying to rezone, You fit, z~smaa:bered:. that they had... three different pisses that .they .were rezoning, < aA¢ =• since they purchased. the property at differenttim~~.... .,:: .. Comtnisaioner Dawkins If they rezone anything else, they would be on 54th Straot, _.: _ ~. Vide-Mayor Plummer: They are, trying. - - `„'.~ Mayor Suarazs ~I'11.'a~t+extain; that as a escond on -the item. I understand ~. `~ Oomm~asio~ax Aawkina' mirth tQ be a second, Commissioner Dawkins seconds,- Read the ordinance. Gail the roll, *~ ~. _ 1~~ ~aXG~ ~~, R'~~~ 4 ___ AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHEAST 50TH TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST MIAMI PLACE AND NORTHEAST 1ST COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 16 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 28th 1991, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. f ~; i i i a. THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10860. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to'the public. 24. SECOND READING ORDINANCE: AMEND 11000 ATLAS -.CHANGE DESIGNATION OF BLOCK BOUNDED BY N.W. 10 AND 11 STREETS BETWEEN N.W. 4 COURT AND `5 AVENUE-:(PROPOSED SITE FOR DAY CARE / HEALTH CLINIC) FROM R-3: MEDIUM DENSITY- MULTIFAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). Mayor;Suarez: PZ-4. Planning & Zoning item. .Vice Mayor Plummer: Move it. ~ Mayor Suarezs, Anyone wish to be heard against PZ-4? Let the record reflect that no one stepped forward, except Anne Marie Adker. Moved, and seconded by Commissioner De Yurre. Madam City Clerk, would you please swear in Ms. Adker? i } AT THIS POINT:THE CITY .CLERK .ADMINISTERED REQUIRED OATH UNDER ORDINANGE N0. 10511 TO.THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor;Suarez.• 'Not that we have any doubt that what you're. going. to tell us is tzue, :but` we. have a feeling, you grobably going to express a lot of opinion ~' which really is nqt a matter of truth or falsity, but go ahead. What do wa ``~~ need to hear- from staff on this? ~.~. Mx. Olmed llo: Yes,. sir, As you may remember, you instructed us to.., this -~ r; Commission instructed us to go back to the community and hold a workshop. We did, ~Thsre:were like twelve or thirteen people attending that workshop. Th~a ~~ bi.ggest issue that they had was that they thought that their properties were ~;~ #o i~,S ` x~er~o~ed, ~; ' Mayvx Suarewx t?h, ~ remember. ~, , ~,. 4 - .. ,.. -- - Mr. 0lmedill.o: And we informed them that, that was not the case, and ae to1t1 them that the northern portion wad going to be occupied by a child care center, and the southern portion was going to be occupied... Mayor Suarez: .And your recommendation is favorable. You think this is going to inure. to the benefit of the area? Mr. 0lmedillos We do, sir. Commissioner Alonso: This is the health clinic, and the day care. Mayor Suarez: All right. Ms. Adker. -~. Ms- Anne Marie Adker: I am Anne Marie Adker, 407 NW 5th Street. I don't know where he held this workshop at. And I have no problems with the rezoning. I would like to clarify the properties. Is this the property between NW 11 and 10 Streets, 4th Court to 5th Avenue, that is being rezoned from multifamily to governmental institutional? Mr. Olmedillo: That is correct. Mayor Suarez: Is that the correct description also? - geographical description, street description? Commissioner Alonso: Yes. Mr. Olmedillo: Yes sir, I'll read it for the record. It is between NW 10 and 11-.Streets,- and between NW 4 Court and 5 Avenue. Ms. Adker: Yes. OK. From what I heard, that this property is being rezoned i. to turn it over to HRS (Human Rehabilitation Services). Mr. Olmedillo: The property is... Ms. Adker: You needn't... I don't need an answer, T 3ust want to get that on .record. I_would also like to get on record that being chairman of the health committee for the Overtown Advisory Board, I would like to be informed, or' kept informed on what is: happening there. ~. Mayor Suarez: The monitoring does not end with this. You are-entirely right. r, The'Advisory Board, and within that,'the health committee headed by yourself ~- ~ should be informed. You should know the components of it, what is built `~ ~, there. and<, ou should ho efull , _ y p y give it approval and guidance. Absolutely.: - j Ms. Adker: Thank you..- ~;- Mayor>-;Suarez: Three five eight seven oh three seven is still your .number,. `~~ right 7 Commissioner Dawkins: Ms. Adker. - ~~ Mayor Suarez: - That means yes. Commissioner Dawkins. Couma3ssioner Dawkinsr I have a problam with this,.-not with the clinic:: But I Nava a;,problem.w.th Dade County being the operator of this, when we can't get services now at .Jackson Memorial Hospital, so I dust don't understand how they eta: are-going to come. in and staff-this and operate it. I have a problem with it. , ~ - ~ Ms:.Adker:.= I' have .a problem also, :but I can't stand... so far I haven't been. _ „ , 3, able to stand in the way of progress in Overtown. And I don't want to stand __ ~s !.n .the~;waq -'of progress -.how. The way _I have heard. it,- and may God rest his ~;' ~: aQUI,,-,Jsff; Reeves, came up with ..the.: pas'tnership betweep he and .Luis.: klorse from Little ~Iavaaa and they were supposed to split four hundred thousand dollars ~`~ '($400,pQ0):for.a study. We had to come up with... ~,: .. Mayor.&usr8gs . A-: sits, } 3 ~~: Ms, Ad~srs ~.. „,- a go~sntial gropext~-... , . .. e ' ;~ ~l+aycax Suaraks Right. '~; ~~ ~'~. __ ., .. - ~ ~.i ~ Y 7M .. _ '.~ ~ :: ~ - j Ms. Adker: ... and that approached Coler who was at situation. Ile knew nothing like I'd say, maybe it would Headed. OK? So I am really fully informed. happens to be the property. However, when we that time over HRS, he knew nothing about the about the one point five million dollars. but come to Overtown. Whenever it does, it would be not against the rezoning, I just want to be kept Commissioner Dawkins: Well, I was up there at the request of my fellow - Commissioners. I was up there Monday, Tuesday, and Wednesday, and the money through he efforts of Luis Morse and the bade Delegation, the four hundred thousand dollars ($400,000) is earmarked for the clinic. I~ow, it is in the budget, but now, I don't know if it will stay in there Ms. Adker, but your legislators have... Luis Morse knows, they have four hundred thousand dollars ($400,000) in the budget for the clinic. If the budget passes without any amendments, then the four hundred thousand ($400,000) will come down to do this. Ms. Adker: But you know, if Overtown is studied any more.., boy I tell you something. Two hundred thousand dollars ($200,000) of that monies is supposed to... and it can only... Mayor Suarez: Is it really study? - to study? Commissioner Lawkins: No. Ms. Adker: ... go into a study. Mayor Suarez: Or is it to design, and plan, and...? Commissioner Alonso: No, it's to... actually... Ms. Adker: It can only go into a study, sir. Commissioner Dawkins: No, Ms. Adker. Commissioner Alonso: It's not for a study. Commissioner Dawkins: No, ma'am. Mayor Suarez: Wait a minute, wait a minute. If it's just a study, we agree with yau. We don't need anymore studies. Commissioner Dawkins: It's not to study, it is to... Mayor Suarez: Implement. Ms. 'Adker: No, sir. Commissioner Dawkins: No. To... Mayor =:Suarez:. :':.Wait, wait, let the Commissioner... he was just up in Tallahassee, tell us what it was. Commissioner -Dawkins: -The money is to buy equipment to put into .-.the facilities far the people. Mayor-Suarez:: That's more like it. -;,. ~= Commissioner Dawkins: That's wt:at it's for Ms. Adker. Mayor.. Suarez: We will make sure that we conve y your feeling that is exactly ' ,- ~ the same as ours, that we don't seed anymore money to study Overtown. " CcimRal.aa iotier Dawkins s No, no mare study. ~°~ ~ n. ~} > M~. Adker: Thank_pou. - y ,~ -, ti Mayor ~13i$~'~i~3 A1~ right,. - f ~ a ~', : ..` Ms, Adkars if it's amy money tQ study Qvortow~ r Aioaee give it to ma. ., r: {~ x ~. _ ~ammi$~iomer Aiona~: Na, ~.~'a n~,t fvr a ~tusiy, Mgt at a1i, t. :" ~- t y, i~1 l~s~~h ~~, 1~4i ` ~ _ h y ~C -: ~ ~. '. . ..'. ~.~,. ~. ~ i. ... ~~_ ~. Mayor Suarez: No more money for a study, but if. there is any money for e study, give it to Ann Marie, at three five eight seven oh three seven. Ali right. We have a motion and a second. Any further discussion? If not, lslease reed the ordinance. Call the roll, AN ORDINANCE -- AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 10TH AND 11TH STREETS BETWEEN NORTHWEST 4TH COURT AND 5TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED THEREIN), FROM R-3 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; BY MAKING FINDINGS{ AND BY MAKING ALL NECESSARY CHANGES ON PAGE N0. 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY -CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 28, 1991, was-taken up for Sts second and final reading by title and adoption. On mot inn of Vice Mayor Plummer, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vann Mnvnr T T. Plummer_ Tr_ ~` (~, l I~ L ~ , Gs y ,!' ... :...ia~~r.~r.~......~~...~r.~....~.~.~.~-~-~..~~..~.r~..~~.a.~.~~~r~...~~.:......-...:..r..~..1.~. r.~~~.r~.~~i~~.~~ir~i~..:~~~:.rwrw ~5. SECOND READING ORDINANCE: AMENb 11000 ATLAS - CHANGE DESIGNA~I01~ AT 2811 S.W. 22 AVENUE FROM PR PARKS AND RECREATION TO R-1 SINGLE"I`AMIL~f RESIDENTIAL AND Sb~18 MINIMUM LOT SIZE (OVERLAY) DISTRICT (AppliCattte Punning, Huilding & Zoning beet. ). Mayor Suarez: OK, PZ-5. This is second reading. Planning recommends approval: Planning Advisory Board approval 9-0. Is there anyone opposed to P2-5? Let the record reflect that no one stepped forward. Commissioner Alonso: I move. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: And seconded by Commissioner Dawkins. Moved Commissioner Alonso. Any discussion? If not, please read the ordinance. You don't need to put anything in the record, do you Joe? Thank you. Mr. Fernandez: Number eight? -Regular eight? Commissioner Alonso: Five. Mayor .Suarez: Five, PZ-5. Mr, Fernandez: I'm sorry. i 1 ~~ Mayor Suarez: I switched back to PZ-5 because we are waiting for staff to deal with this. issue here. Call the roll. AN ,ORDINANCE -: ;.AN:ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, .THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CORRECT A SCRIVENER'S ERROR BY CHANGING THE•ZONING CLASSIFICATION OF APPROXIMATELY' ~,- 281.1;-SOUTHWEST.. 22ND AVENUE,. MIAMI, FLORIDA (MORE ~~ ~' PARTICULARLY DESCRIBED HEREIN), FROM PR PARKS AND ~_.~ f RECREATION TO R-1 SINGLE. FAMILY RESIDENTIAL AND SD-18 ' " ' ' ~. MINIMUM. LOT SIZE (OVERLAY) DISTRICT; BY MAKING ~,` ~ FINDINGS; .AND ,BY MAKING. ALL NECESSARY CHANGES ON PAGE NUMBER 43 OF .SAID ZONING ATLAS; SAID AMENDMENT BEING R$FLECTIVE OF THE .CITY :.COMMISSION'S INTENT AT THE TIME ;OF _ITS ADOPTION OF ORDINANCE N0. 11000; CONTAINING A 7. ~ REPEALER PROVISION AND SEVERABILITY CLAUSE; AND .~ :PROVIDING AN EFFECTIVE--DATE. ;Passed on ,:.its first .reading by title at the meeting of February 28th ' 1991, gas ~takea. up for its second, and-final reading by title and adoption,' '". On` :notion, of; Commissioner,Alonso,:r~econded by Commissioner Dawkins,. the Ordinance ~ was thereupon given_ its second and final reading by title and passed and ;- adopted by the following vote: ~;. , ~ ,, ,:. AYESs Commiasis~ner Victor De Yurre, ,,; _ _... Commissioner Miller J.:Dawkina ~~~ ; a Co,~omas~ioner .Miriam A].anso - ~, ,. .. Mayor Xavier L. Suarez ,,' ~.. °: ,.. NOES: None. ; -7i,4 ; i; T ~, ABSEN~s Vice Mayor J, L. Plummer, Jx. j' ~, • ~ - _ F ~; ~; THE pRDINANGE WAS DESIGNATED ORDINANCE NO. 1Q$6~. - ._ ,,.. ,~ . . ' ' ~. "' ` ~ ; : _ , ; , . ,., ~ ~}le pity. At~~~~ey; read the ;_'ord~~nnee' into the publio rpoorc~ and ;, an~pouttced xhat cQPiee wexe available tea the membe~e of .the ~~,ty ~c~~niaision end ~~ ~~ : - ~ .E iZ9 Math 2~~ ~9?D.~,: - ,F' 'fie.-, _ ?} _ ... _ ~ . ;~. ., ~. ~ - E .:.~ wr-..~....~.r~.err....~.~....-`.--~.~-.~--~.-~~...~..:r~......~..r...r..r~..~o.....s,..+....-~.c....ar.~~-.~....~-~r~.w.~.rwan...r.~wr-m.sr 26. DISCUSS AND TEMPORARILY TABLE PRbfOSED RESOLUTION GONGERNINC~ S'T~ET AND ALLEY CLOSURE - PORTIONS 0~' N.W. 3'~ ANb 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES; PORTION OF lg AVENUE BETWEEN 36 ANb 39 STREETS; AND NyS ALLEY LYING 12b FEET EAST OF N.W. 19 AVENUE BETWEEN N.W. 3$ ANb 3g STREETS (Tentative flat ~~1386-A Miami Jackson High School - Applicant: Dada County School Board) (See label 28). Mayor Suarez: PZ-b. Street and Alley Closure, Dade County School Board. Is the applicant...? - Planning recommends approval. Does anyone wish to be heard against this item? I presume you are with the School system? Commissioner Dawkins: Did J. L, Plummer want something in return? Mayor Suarez: OK, we will... Commissioner Alonso: In this? Commissioner Dawkins: Mr... did J.L. ask for...? Dr. Luis Prieto: Yes, sir. Mayor Suarez: Was Vice Mayor Plummer involved in some negotiations towards some kind of a voluntary contribution? I guess the two... Dr. Prieto: Yes, air. Mayor Suarez: ... concepts contradict each other, but... ~, i j i t 1 I i 3 i Dr. Prieto: We calculated... we are giving them about a hundred and eight thousand square feet. We have assessed it at about a dollar fifty a square foot. It comes up about a hundred and sixty-two thousand dollars ($162,OOO). Commissioner Dawkins: Oh, J.L. will love that. Mayor Suarez: OK. The County is not in a position... I mean the School Board ie not in a position to make any- sort of a voluntary proffer of any .contribution to any City programs, are you? '- Mr. Mike Levine:<, I can't speak for the board atthis`moment, sir,-but... ,, . ; ,. Mayor-:Suarez:. Give. us, your name and gddress. ;': Mr. Levine: My name is Mike Levine, with Dade County and Public Schools, Site ~; Planning Department. ~. ~ ,.. Mayor~Suaraz; What's the last name Michael? Mr. Levinei Levine. We've been moving forward under the normal street ~'~osure~p_xocess,.replatti.ng process, it's the first we have actually heard of a-possibility of a contribution. Mayor`Suarez: .Well, there is one Commissioner who is a particular activist in ~ ; that ;area, < and just an the sense that- ,he is the .one- that tends to hear when _~; ` people imake:~ahese voluntary :proffers, we can't request them in ,any _way~ SoI ~,i, ~. don'.t know.-: Y.ou- know, it's'' up to -the: Commission ..that...' Commissioners .that ~' are.hexe, ar weaan able~the item until the Vice Mayor shows up: ., ~,~; ~~ ' - . ~` Commissionez°, Alonsos bet's table..the item. . ~. ~~ . ~ : , - .,, ~. , , . t.; Mayox Suarez: Why.. don't we table that and.., so we don't get him.., ~'` Commissio,ner Aawkinss Here he ia. J.l.. Plummex, we've gat your Item. ' ,_ Mayor Suarez: ~~-b, Mr. Vice Mayor. We axe xeady to take a~t~o~ onlt, _ _~ 1~~~~uae; .thorn ~.~s nn- ~ g~b~~.. , __` ~ . ~o,~i~~p~a~~~r Alon~oa .Closing ~~ tt~i~ .e~r~Ot, the ~ll+ey~ `_' 124 Mar~~a 2~, ~'~~~ ~- .~}; _ , ,. _ s ~, a . ;, f: f i Mayor Suare2: .:. intrinsic opposition to the street and al.ie~- ci~sure requested by the Schrsol 8card: We had also ascertain that the 1Eind in +queistion is worth somewhere in the vicinity of about one hundred and sixty-- some thousand dollars, calculated by Dr. Prieto's rather ambitious... 'Vice Mayor Plummer: Have they volunteered anything? Commissioner Dawkins: A hundred and sixty thousand ($160,000). '' Vice Mayor Plummer: A hundred and sixty? Mayor Suarez: So far, he has said, he has no authority. '~, Vice Mayor Plummer: Uh? Mayor Suarez: He has no authority. fi Vice Mayor Plummeri Well, then let the person who has the authority come here. Mayor Suarez: The item is tabled. Maybe a phone call would solve something - i I don't know: All right. i j~ NOTE: AT THIS. POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA. 27. DISCUSSION CONCERNING THE $1,000,000 LOAN PROGRAM FOR LITTLE HAVANA - '~ `,-DIRECT MANAGE& TO URGE MIAMI CAPITAL DEVELOPMENT TO REDUCE-'INTEREST `RATE CHARGE ON LOANS MADE TO LITTLE HAVANA MERCHANTS - REQUEST MANAGER TO APPOINT ELIO ROJAS TO MIAMI CAPITAL DEVELOPMENT LOAN COMMITTEE. `V ~, ;- ----------------------------- } ~: Mayor Suarez.: PZ=7. I'm sorry, Mr. Bailey and Mr. Castaneda are here. '• -The ~,` morning item number 8, or the regularly scheduled item 8. Do we here from ;~ staff -.,.first on . this, or -.are we 'supposed to basically be-hearing" from 'the ,.` aasoc:iation?.~ Frank, is this their request, or your request, or `a ~..- Commissioner! request? Mr. Castaneda: ':This ,is their request. The Commission had .approved some guidelines... ~~;; Mayor`Suarez: On a ten million dollar ($10,000,000) lending program? ' ~ Mr. Castanedas One millioa dollars ($1,0OO,OQO). t - .. Mayon Suarez: I'mean one mil~.'ion dollars ($1,000,000). ~ • ~° ~, ~. .. . Mr.~Castanedas One million dollar ($1,000,000) lending program. We-have met - ' with ahem,-.and•we~balieve :chat he,:program that the Commission prepared, meets `~ , - their needs, for the working capital needs. Miami Capital has. another ;_ pxagram.~•TQny Cupp is here; We have met with them; Tony Crapp feels that... :' " ~ ' Msyor Suarez: OK.. As to. the mi.llioa dollar progr+sm, you' think it would m~et- r..~. -.,. theix uesds, meaniag the needs o~ the merchants in .the area? • . . ` -. ~' ,, Mr. Castaneda: Sure. ,, , ` ~ - , r mot `~ ~~y~r ~ttare~: All . ight, - ,. C~ta,aada: Thee ons neiltion dolia~~ra t$1,ADQ,!QQQ) r~-gu~rss ~ tv~Q-GQ-ot~s ~~_. -~ ;~~ t~t~h• - Tt w111 pxQC~u~4 three milliom dollars (~t3,0lf0,QOP) ~varth ~~ _, ~li~V+~l~~-t~~ 1~-~~tl~a axle, Mlea-i .Capital hse about ot~e ppimt- twa mi~1].i~a _ , , , ~- - ~ ~~ -~ , S {; }~: 5 , « ~ ~ ~ W'Y ~ T rl' - 'Yea•F ~ } 1 ~ !~ IYXE C .. . *r . .~ v x,11 .{_ my •I _ gtV ;~ '? { -. dollars of applications pending right now, ao they belie~fe it is a triable prograte. Some businessmen in the area want working capital loans. .Miami Capital has another program for .working Capital, and they feel that they Can meet those needs through that program. Ma~-or Suarez: A11 right. Commissioner Dawkins: OK, one question: Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: A few minutes ago, you stood.,. we said that we were going to reduce all programs by ten percent. Is this one of the ones that -. will be reduced by ten percent? Mr. Castaneda: I would assume not, because I would assume we are talking about the new fiscal year. Commissioner Dawkins: I don't need no assumptions. I need to know... Mr. Castaneda: No. Commissioner Dawkins: Why not? Mr: Castaneda: Because this program has already been funded. Miami Capital alread has the mone but what the are askin for is a than a in uidelines ~. t s l- i s Y Yr Y 6 6 B Commissioner Dawkins: No, wait now.. Other people have been promised money too. Mr. Caetaneda: That's true. ~ Commissioner Dawkins: You see, that's how we get in a bind with the public. ~ See, they... yes, right, by our pledges. You can't do it. No, we're not going to-take anything-from them. I don't have a problem with it, see. .;But , dust like we promisedahem a million dollars ($1,000,000), and we are going to gave them.a'million dollars, ($1,000,000) don't let another group come.,. up ~: here:.: .: ' r ~-. Vice: Mayor Plummer:.:.:No, no. We are going. to loan them a million dollars ($1,000,000). ~~ ~r Mayor Suarez: And it's not them. I think you have a whole different plan. '~'- Commissioner Dawkinsz All right, I'll make it... let me say it so J.L. `, ,' Plummer understands:-it. -Since we are to make available to them, funds.. by ;.~ -z. ~- . which they<can operate their businesses, and stay in business. Thank you. , ; ~ ~" : , . . Mayor:Suarezs: In=Miami: - . <- ~., Commissioner -Dawkins:..... All right, -in Miami. _ ~, Mayor Suarez: Right.. Commissioner Dawkins: In Little Havana part of Miami. OK? Now, also, there. ~~ "are other individuals who at the same time we promised them the million dollars, we.~pramiaed nine hundred thousand dollars ($900,000), we promised ~ five hundred thousand dollars ($500,000), then I heard you say today that qou ~`' ' w are going to: reduce :that-promise b ..ten Y percent. ~~ Mr. Castanoda; Suxe. ~'' - Commissioner Dawkins: No, we can'thave a double standard now. . ~`~~.. , , ~: Mayor Suarazt pK* Why don't you maka,ypur presentation, ~~ +Cprpmiasioner A14nso~ hut- you ara ::saying .for next year, are you not? r end '{ this is, £hia yeaz', ' ~r~ ~astsus~ia; That's carFeot. ._~~. , ~ ~~~iss~~nex ~1~.srnaQ; ~~. y ~ ~ - ,, ~ , s~ 3, .. ~ y 12b . ~a~h ~~, ~~~~ ~~- ` ''' ~ { ` s - - ,z., .. _~......_. i~F , . >k'~.i.r~4~z ~--;.;33.. ~:i~u4ry~'+.cti ~~ - - ... _ -. - ~~ _... _~ ~., ~ `,~ f Mayor Suarez: Why don't you make your presentation. I think they have a ohole different program they would like us to follow, rather than a lending program of a million, And I am not sure that we are in a position to change, but iet's hear them. Mr. Elio Rojas: Yea, Mr. Mayor, My name is Elio Rows, president of the Latin Quarter Association. We were here last meeting - Mr. Plummer the Vice Mayor at that time. We presented the proposal of the one m3113on dollar ($1,000,000) we did not accept by the small business people in the Little Havana and the Latin Quarter area. In fact, we gave the points we think that will be accepted by the people there. We made a meeting with them three times since that time, and unfortunately, they can't afford it to go along with their Miami Capital applications -they never even filled up. Mayor Suarez: Mr. Rod as the... Mayor Suarez: The can't afford to fill out the forms? Because they are not qualified. They're not qualified, it's not Or, they don't think it's worth it to fill out the forms? 1 i r 4 t i i t ii ,, 'f Mr. Rod as: That's right, because... Mayor Suarez: Because they don't think they will qualify under the guidelines of Miami Capital. Mr. Rows: They are asking for so many, many things on it, OK? On the ninety day period to give the OK, at six percent which does not apply with that kind of -: area, because there is a minority on the... we think we can get it - less _, than the six percent, and that's because Miami Capital have been doing less than-the six percent, the three percent, the four percent, in different areas. So, why we don't get the same opportunity too for? Mayor Suarez: Well, we've done less than .six percent... wait, Elio. We have done less than six percent when the Commission has instructed Miami Capital, when there is something of a catastrophic .nature, such as a disturbance, `looting, burning, and a situation of that sort. Typically, six percent is still pretty doggone favorable, but I am confused as to the deadlines you were talking about. You said, a sixty day period for what? -"- ,.; Mr. Rod as : Ninety day. :. Mayor Suarez: Ninety day for what? ~~ Mr. Rojas: _For giving the... when you apply to give the... r: ,, `~, Mayor Suarezs Well, I can't imagine that anybody would be held to an #rv application period.- I mean... ,` Mr. Cas3taneda: No,, no. Commissioner, what he is saying is, that the average _ individual... - ` Mayor Suarezs Yes, you called him Victor before, now you call she ~ Comaaiss3oner. ` : €~ ~~; r. Castansda: `I'm sorry, Mayor. t °~ R~;~, Mayor Suarezs It's;OK. 'Just-so long as you don't call me Victor, then we a're ~ "s ~~` , ~' really is~ txQUble, ~~ i" :' ~ Mr. Caa~tanedat i am ~orry,',..:Mayor. - { ,;- ? Mayor.:Suarez: All rl~ht, ~. ; Mr. - Casa~aaedas What I am saying ~.a, . t3~at what they a~s"e saying is, that tk~e ~~ _ average period of time takislg,from, ~ ~: ,' Mayer ~uar~azs ~'or that shatter, dQa!t Dail- sass Miriam, tither, because.,, s_ ~,ti , ;~ Csama-faa~.gaer <Alor~+ao: that's even wor~ps. ` ,r: ;~_ i ~~~~~ ~ , ,,t ,; F ~ I: ~e~ 4 J {~ ~r ~tK... _ 'may _ _ ~~ - - ~- ' 4 ~ ~ i` -. Mrs Castanedas I'm sorry Mayor, and Commissioners, for my behavior today. Mayor Suarez: And generally. Commi~asioner Alonso: Now that you understand what's happening, we want an answer. Vice Mayor 1'lummers That's all right, "Sotella," we don't give a damn, Cotnrnissioner De Yurre: You've never apologized for it before, so why should you nova? Commissioner Alonso:. No wonder they are having so much problem getting through Mayor Suarez: Might. All right, what's the story? There is no... ninety days is not a fixed period? ~~- S t ~~. Mr, Castaneda: No, it's not a fixed, It is the average time, period of time .~ ~.~ taken to move the paper work, to submit the appraisal it require, financial information... - Mayor Suarez: And do you help them? Mr. Castaneda: Of course, Miami Capital helps them. Mayor Suarez: Do you help them get the applications in, and fill out the forms'? Elio... - Commissioner De Yurre: All right, ninety days is an excessive amount of time... Commissioner Alonso: It is. Commissioner De Yurre: And you can do a closing in... you go to a regular bank, ;; and if they want, they can move things in forty-five days, they're through. Mayor Suarezs Well, he is arguing... they are arguing that it is not enough, I~think. ,That's what, they were .saying. Commissioner De Yurre: Well they are not.., no, it's too long, ninety days.. ~. . Mr., Roj asa It's too long. ,-- .;; _ _ F,rr.. , . S - Commissioner Alonso: Too long, , ~ t" Mayor .Suarez: .Too. long? ~: , ~~" Comasiss~ioner~ Alonso: Of course. x"" ~" Mr.:Ro~ass ,.Of course, .it's ;too :long.. Mayor-Suarezs".You can'_t do ,it quicker than-ninety days? } Commissioner Ae::Yurre: Sure,-they can. ~~ - Mz'. Ro~~sa Mr. Mayor-... , . , . _ r ~ - ~_ 2i~yo~r Suarez: Wait, wait, wait. I am sure you can do it quicker than ninety '- . . da s if the ive ou all he nece Y , Y B 3- t ssaxy documentation-and everything, right? - " . ~, ,- .. F: ~ Mx»; Tony. C~c,~ppa : Xes., I want to correct the. record as far as that comment h ` ~ ' beiag made. T atn Tony C~'aPP, exeoutiva director of Miami Capital'pevelopmaat . ~ iu~orpo.ratsd, I >thiak what the sentletaa~ ,is citin is a.. , as a atatiatic 'is g + -~, . ., a.~Fi.gure of aiAaty'day~ that basically...ehould represent the ~taxt ~'rom,.. the ;,.: tQ~al period from ~h~e start of the: application process through the -- u d~abuz~~~maut of th+~ ~~:+aas~, If . kt~.a~ai ,,Capital... ~a~c~a we ~ecei~-e the conigle~~~ aggiio4ti~a dorm, we c.an" ~~t:.a~:.t~aais~s~n ~x'vn~ cur' ~.~~m-cs~tntsitt~a avitl~~~- ~Qitr t:a sue' ~-eQice after ws have that a#~p~.icaxiQn ~omp7,at~ci, - ~. ji. ~ M~3!c-~ .~#~~ A~asl .. let me. tell him =ao+~taot#i~ ~ ~~- 'th~st . cg~pctiQU. ~hsir ~.oan oot~uitt~e are typ~.Galiy volunteers with ~ thi~,k, nn~ ,~~ two eta€~' People only. `~ ~;};, ~, F~.~, l~~ i'Ch ~~~ i'i~i ~ -~ , -, _ t~, ~, __ i t ,- ~,= { ~ .~ _ -:< z -: ti ~ ; ~, ~ • ` - Mr, ~to~as: Yes. a Mayor Suarez: fihey are people from the community, that's why the loans are {_ lass e~p-ensiva. , , Mr. ~to,~as: Yes, I understand that. { _ Mayor Suarezt And you know, meeting and making a decision, four to six ooeeka ,~ i~-not ton bad for a groin of people who are lending their services to the Ctty, and to qou, in effect. OK? a Mr. Ro3as: Yes, sir. Sure, yea, Mr. Mayor, but not ninety days. Because t that's What they told us at the very beginning. ~' Mayor Suarez: l23ght. ' Mr: Rows: Everybody was scared about it, OK? ~, Commissioner Dawkins: But... '~ Mr. Rows: It's not only that, we have a lot of items to go along with this. Mayor Suarez: Yes, if we argue a lot about the ninety days... Mr, Ro3as: Ninety days of matching... Mayor=Suarez: ... you know, ninety days will be up by the time we finish arguing. Mr. Rojasa -Matching funds... Mayor-Suareze `OK. The two-to-one match. Commissioner Alonsos' That's one series of problems... '; Mr, Ro3as: OK.-- Two-toLone. That's something else that we can.... Mayor. Suarez: Was that: something that we put in? , Commissioner Alonso:' Yes. ; ~F . ;a ~9.. Mr. Crapp: Yes, sir. Let me explain the program that we had operate. The `' program.. ' Mayor Suarez: Wait, wait, wait. Tony, there is nothing much to explain about:- ¢- ~. a'two-to-one match. I mean... _ ;;. .~ { ~: ", Mr. Crapp:. OK. 'A11 of it is not a two-to-one match. ;~ , Mayor Suarez: :.: it's a policy decision: ,~ ~ - ,.~ Mr. Crapp: Ail of it is not atwo-to-one match. <; .. Mayor, Suarez: All of it'- is not- a two=to-ane... ? r ~4'. Mr. Crapp: If the loan. is>'up•ta fifty thousand dollars:($50,000), .it's none- . to=one match. If it•~a~ over fifty thousand dollars ($50;000) it's `~a two-~to-one ` match: ~., * Mr. Rows: We don't Waat over fifty thousand doliars,($50,000). We don't-ask . ~~ for that kind of mon~eq.. °~ ; .a Mayor Suarez: t#il xight then, you are'<aiWays in a ors.-to-qne match ak~an?. ~ k ' t ~~ ~ whir~h l`en't bad; I mean, the City ie g~.ving~ fifty, ,°and you should $ive~.. - Mr, ~Ro a~s~: ,. And othe~rwisa. ,. i '. " ~ ~ ~~ ~ f we... my austomar .Wanted. fifty thousand ~- , ~ : d~iiai~B' {$50, Op0), 'they eve `got to coma out wi~b ~Wenby=f ~.ve : ~~4~aand dollars ~ ~, ,,;. `~ t4~ytax~ ~uaz'az`a Fi;~ty, txQm anpther sflurca, From abank, ox, .. ':~. .: ~.: 1 S t. _ ~_- _ ~ _- - t qq - ~ l.= ti v ~ - i ! :F ~,- ~~ • ~ ~ .~_.n... i t . - _-- ... .. -~ ~ ~ t ~ ,~ ,~ - { Mr. fto~ae: That's itti~ossible: Mggor Suarez: You can't inset that? Mr. ~to~ as s Of course not. Mayor Suare~e You can't meet one-to-one thatch? Mr. Roes: 4~e are talking abbot Mr. Mayor, a small, very, very small business people. Commissioner De Yurre: No, they can't afford that, Commissioner Alonso: No, they can't. Mayor Suarez: Then it's a policy decision. It's not his fault. Commissioner De Yurre: They might as well scrap the program. Mr. Ro~ass That's the reason we are here. Mayor Suarez:. Ah, see, we finally figured it out. •- Mr. ,Crapp: Mr. Mayor. Mayor Suarez: Yes. Mr. .Grapp: If I might remind the Commission, that the purpose of this particular program, was to stimulate development activity in Little Havana. This particular program is not available for working capital types of loans which. we ;fund; through. our other program. The specific purpose of this program is-to fund loans strictly for the acquisition, or improvement of real estate - 'commercial or•• ndustrial real estate. And to generate leverage sufficient to :E demonstrate an economic investment in the community. The one million dollars ~ ($1,000,D00), the way: the program is currently structured..". ; , , " Mayor Suarez: .Real. estate? j 5 Mr. Crap:.- Or ..generate. .., - >.. ~ Mayor Suarez: ... or it could include any other fixed asset. It could a a~ ," include,". you :know:, some<equipment, and loan"durable... -" ' ~~:= Mr.-Crapp: No, :no. This:"is strictly to stimulate real estate d©veioptnent . projects. 1 sf" ~ Mayor Suarez: Was that your intention, Commissioner De Yurre, when .you came ~~,`" . up with this whole ideal . .. -" ~ 1 >: Commissioner De Yur"re::-.".My. intention is to make available monies for these _ :~~ . individuals ..that they... you. know,' do away wish impediments, so that we can' ~, . stimulate the area. Now, . if it turns' out 'that, what° we' originally .talked about ' fs not: enough to make cit work ar3 far'es`capital, we know that working capital :s -_ it can go, and there is .another pool for that money. which aheycan:.apply to. '; But as :,far `as: opening` up.; a; restaurant, or -a place of- business, or bettering ~; ,,.,. what they have today,. you know, I think that we .have to do all we can to ~~ ~," a:%sist ;those, especially:` those that-already:: have a -business thexe to, better _ j ': themselves. Aad those thatshow that they have the potential to a:ake a , r q=~ business go, assist them also, ,and not create impediments,' ~~ ~:. - , ~ ~~" ~~ Mx. Crapp: That's corroct. There is no disagreement. with that, and we `i dis3cussed: that at"Length; with ;,Mr. AQ~as the other,:day. What I want to snake , a -~°~_ clear is that, we' have existing programs at MiRmi Capital.. The City. o~ Miami - ~ ~~AeYQlvr-g lAoesn Fend progxamgravides workiag capitaligans, up to sevehty-dive , thousand dollars (575,Q04), arsd fixed assets loans, up to two hundred and ~- ;..Lwetsty~~i~~ thQUSaz~d dQliars ~5~2~,044) to- beset the regular working "capital } ;- heeds, $a well as the maahinez~,y, equipment, th+ase types _of need~ .~or this '' ~` , ~# nesse~~. t, is spenial.prAgram was d~sigaed for a paxti,cular purpQs~. ~. .~ ,, ,, ~, r, x ,":~Q~s~ct~e~ :~~~ Xv~rr~: •:~iQr~, het ~~ . , is kha'C on a one=tr~~cne, s:r m twQ~t+~- '' e~ ,,. ~R~}Q~.c~i~ ;~f~ ~ ~ ,. `~ ', 1~A "~4a~a~s,~~, ~~~~~ ~ - _ 1 i ~ ,.y .. ~'_ hi ~,_ '1 Mr. Crt~pps No, bur regular loan program is on flexible terms, there are , terms o£ equity requirements, and collateral requirements. There are ho strict match requirements for those loans. - Mayor Suarez: Conceivably, it would require no match? -some of those. ;i ,.i Mr. Crapp: That Correct.. ~~ ;. Camraissioner De Yurre: So, if that is... `F - _ tl- M~+ lto3as: Yes, that's the one Mayor, with a ten percent. ii ~~ Commissioner De Yurre: OK, now hold it. Mayor Suarez: I'ra sorry? - that's the one that's a ten percent interest? No. ~` i Mr. tto3 as: Maximum. !!_ Mayor Suarez.: All right, but what is it typically? Commissioner De Yurre: OK. Now, but that's for working capital. Mr. Crapp: Typically, the last round of loans we've approved, have been at nine percent. i Mayor Suarez: You've been giving out loans at nine percent? Mr...Crapp: That's correct. Mayor Suarez: You folks are beginning to sound like a bank again. Every so often, you begin to act more and more like a bank... Mr. Ro3 as : That's 'right. Mayor Suarez:- .:.and less and less like an agency,. that is- supposed to give ; low.interest, high risk loans to create economic development in the City... Mr. Cra pp: But Mr. Mayor, one of the. requirements... ~ - Y ... Ma. or Suarez• in .deteriorated target areas of the City. Mr.- Crapp: But one of the-requirements that we have, that we bound b b our y- y '~ ' ~ contract with ;the City>of Miami,. is to meet HUD's requirements that we conduct . as necessary and appropriate°analysisfor every loan that .we make. We do that based upon:a cash flow analysis of the business, determining its repayment f ~, ability.: We-set the interest rate on the loans based upon the ability to pay it. - 1 ~ Mayor Suarez: ~ Well,. but if you set the interest too high, they .are going to ` ~; ,_~ have tougher time' repaying` it. 1 z . ~ Mr. Cra pp: That's correct. So we ,do not. set an interest sate that ,does not , . give the ...business the ability to.repay.the loan. -.. ~_ ~ , ,. -.. j - ViceMayor Plummer: -.Well,. you-.know, but<Mr.:. ,: f , :: , , ~. Commissioner Dawkins: You. know, what ,I need.., let me .ask a question Mr, ~ , Mayor? ~. ~- r ~ ,. Yice Mayor _~-Plummer: - Let me .bring up a > sore ... , ~:tW, x` Cgmmia>eioaer-~.Aa~kins: _ l.et'-mo_:aek a-question, Mr. Mayor. - ~"~;` ` V~.ce:Mayor Plummer: All. r~:ght. r ,.. - Mayor Suarez: Commissioner Dawkins, and than V:ce Mayor.Plummer. { ,,~ _,, 1 , ~~u~aiaaioaer Dawkins: You know, I kseg hearing, Capital Imprgvsme~t ~umd~, ~. What.` S+5f41C~ is • it if : tha. , Ss~ntl~nasi =tsk~s, , *.. Qr the othax~ ~~dy, =~a'kps; ~~.fty 4 ~~ou~a~ dA~.la~'s (1~50,UA0) cQ put ~p a fish ~a~rkcet, anti there ie no mont3y to ~' bt~y ~h~ ~i~h. ~ mean, where exe we.. a ? - T mass, we' ~z'sB'~ talking. , . wh~t~ ;~ € a ~; ~a~o~~h~~-s~~~.u$~ ~~a use ; far so~eratiQna~. Dash, sad money ~~ but stock? Money is § a" t ~~ r,r__ ~~~ ~~~ ~ ~.__ £ ~ ~ ~_~ .. '~ • ~ made by turning over stock. make no money, And if you don't turn over the stock, you don't ' j. a Vice Mayor Plummer: 'ghat was not my impression of these leans. These loans ` were to further the business overall on a one-to-one match. _ Mayor Suarez: What is the total amount in that fund that Commissioner is asking about? - for either inventory, or even equipment? You gave us the total amount in this program available far economic development, which is a million, as prescribed by this Commission, but how much do you have available `~ i right now that could be lent for...? 4 Mr. Crapp: In our regular City revolving loan fund? ~ a million dollars. Mayor Suarez: A million dollars? Mr. Crapp: Yes, sir. Mayor Suarez: And Commissioners, can we focus on the issue of the interest r ~` rate here, for this program to be more workable, and maybe give them some idea that we would like to have the interest rate be a little more reasonable than nine percent? I mean, that's awfully close to the prime rate, Tony. Mr. Castaneda: Commissioner, the interest rate of Miami Capital is flexible between three percent and nine percent, depending on the needs of the business. Mayor Suarez: OK. But for this area that we are trying to promote some development, that we are afraid is going to end up like some other areas of the City, that then, is going to require the one percent loans that we .have occasionally given to, and that's going to really, really become unstable. I -would hope that, you know, when you keep that range from three to six percent, .rather than three to nine percent. Commissioner Alonso: Yes. They really need the help, otherwise they will not 3 be: able to qualify. Has anyone applied,-and qualified? } Mr. Crapp: Yes.: I want to address... I am glad you asked that question... I want to address that point as well. Under this program which was approved by ! the Commission ih December, we have since that time had contacts with fifteen ~ a individuals representing businesses. And those applications are... contacts a re ., in rocess re resent about one P , P point two million dollars worth of l . interest in-the program as currently structured. So, there is interest is the program -.that `has been approved by the City Commission. ' ~- ` Mr, Ro3ae: -Ms. Commissioner. i - Commissioner Alonso: Sir, yes. _ 1 Mr. Ro as; The_one Mr. Ton Cra 3s talkin about than is the ~ y PP B , people you ' ,( see behind, me .- part of them., They-filled-up the application,:. they've gone through:w.ith the-.application, and when they found out... they're sitting over `~ there. As a; matter,df.fact, I called Mr. Crapp about three months ago.- they had the meeting in my office, in the. Latin Quarter office. These people ~ behind:me, they go over there, sit- down with them, and explain n different ways~:~ When' they went over thereto the Miami Capital, was a something ~, different story. They filled up the .part of -the application, and 'that ~ ~" application s':standby, they don't want o continue with it. ~,r ~, ~``~ ., ,.. Gommissioner A].anso: So no one k~as qualified yet? ~ r °; , Mr. Rows; No one hae nothing an it. ~ ~. I ' Mr. Crapp; That~s not.cor~reot.' We have: one loan that we are getting-ready ~a ~; take to our-.loan committee, at our next meeting in April. ,. ~ ~ ,~ _~ ,, _. , ,One? ~ Commissioner Alonsat ~,. _ ~ s ~, hx. Crapp:., Fro~a-a gentlemen for a ~~.xtyRfour thousand dflll.ar ~$6~',QQp~ loan, ~ ~et~iah is .~wa~th.. , ' , ; a ~~.~..~ .t ~ ~ - ,.:, ~ ; ~omc~iesl~ae~~~`Alat-ea~ -Haw mach? l ~ ~„ ~ } ~ _ ~ ~~~ liardh ~$, 19$.1 ~ fi S .~?~~~~ _ y,, _ _ _ ~~ ~~ ~ ~ ~ "~# ~ . i_ va~ y3G.0 _ ~ 1 ;. Mr. Crapp: A sixty-four thousand dollars ($64,000) loan which will be the `- portion from a Little Havana program, for a total project which will be about a hundred and eighty thousand dollar ($180,000) project. Cdtimnissioner Alonso: Where is this business? rio you have the information? 1 Mr. Crapp: yes. It is a business,.. it's going to involve the... a building acquisition, and the development of a laundromat, and part of it will be used for an office building for a construction company. It will be at SW 8th F Street and 11th Avenue. Mayor Suarez: Elia, one time,. the Commission went beyond all of these guidelines. We pushed the range down to very, very low percentage. We made the loans as flexible as you can possibly make them. They could be used for inventory, I think they even used them in some .cases to pay back debts, taxes, et cetera. We called it, an emergency loan program for Liberty City - we did not do too well in getting that money paid back. OK? If we go to that extreme, we are going to have the same problem. The money is not going to be - available for other people. We probably violate a few of our grantor's guidelines. But I think it's proper, without going to that extreme, given the -- needs of the area, to have a resolution of this Commission that calls for the interest rate to be within the three to six percent range. In other words, to be capped off at six percent in this effort, and to send that message to Miami Capital Development. .Now, you know, they may come back and say, we cannot survive on six percent, and who knows, what they will say, but if the Commission wants to move that, maybe, at least as a resolution of principle, that in this area that we would like to stay within six percent. I don't know what you are showing me, but I know that this is a general guideline that we can do, because we cannot replace an agency of the City that is in charge of this. We have chosen to have them be the ones that administer this. And a long time ago, five and-a-half years ago, when I was elected, certainly this Commission, Commissioners Plummer and Dawkins were struggling with an agency that was-under five different audits and reviews,-et cetera. We got it restructured, we got it working, it's working. We don't want to mess around ; ~ too'much with them, but we can tell them what the guidelines are, and I think that it-.would be proffer for this Commission to pass a motion to that effect,. if :~qou: want to.: ; ; Mrc.Ro~as: Mr. Mayor.. Commissioner Alonso: And I think that what will be important is, that theq •' receive a very. strong message from this Commission, that we are disturbed; by the fact hat ..these people are having a hard _time obtaining some of.these ~~ loans. The people in Little Havana constantly complain that theq never qualified;-and I wonder why. ...They have businesses that they want to improve, .~ theq want to work with you. I know of some merchants here that I am certain ~- C<: will be able_to qualify, I know their business, I know that they will be able ~'',' ~~ to relay o you; and still,_they don't :.qualify. Something is wrong..;. Either '. theq~ don't :receive all :the cooperation.. that is needed for-them to understand r the system, and; how to do it, either the rates .that they are given are too hi h; and I think in this .matter sensitivit from 8 , y your part to work with them;>T think it's: of vital-importance. ~ Mr.. Crapp:.: Commissioner. Alonso,. I totally agree with you, and one of the y ~ things that L might add is that, I think it's vex•y difficult, and I spoke with a~" k: the group the other day. It's very difficult to evaluate, and say that Miami. ;~ Capital 'is not being sensitive, or that they are not... the applicants are '-" _ uttq~xalfisd; when. they don't go through the application process. ' : ~4, Commissioner Alonso: That's, true, but when we look at the numbers, we get 7 very disturbed:. ~ :, Mr. Crapp: We have dot had completed applications from these individuals. ~, : ~cmmissioa~~ :A,loaeo: Because when wa Look at the numbers of people, asd we ~, check. and see: .the percentage that you have, .definitely, vas get disturbed by ;£ .the aumbera thet w~a see. Ansl 1 would like to see .that change, and I am ~ +~t+rtain you oat =raelce ~.t werk, and ;l~ ycut rea]..ly w+ark ~loas~y with them, ;.~I am ~. ~Arta~.a you wild ba able to make- this, po~asibls betting them the=date thet is g. maeded,,,.mad,:~rvrki~g with: them, ae.d ts~al~c~ 1t a r~a~i~:~-, ibis is ~ ,area that wa ,l a. '~ .axe tsy~~$ to ,irrprove, revitalise, asd w4 are -wax'kiag very clcsely with these ~ a ,~~ ~_ a i Q yp Mp /~Q ]n ~ ~~. a ~. iS _ it - ~ ~ - _ _ - _ -- - ~ } ~r..i~r-.. _. _ people. If in fact, we are sending that message and saying, this is what we want to do. If we turn around and do otherwise, well, we are not going to accomplish much. Mr. Crape: You're absolutely correct. But I might inform the Commission that Miami Capital, our.. loan committee, and our recent experience, at least since ~ have been there the past sixteen months, we have experienced a success rate Basically, seventy or eighty percent of the loans that we present to our loan committee, are approved. There are very few instances where we are unable to assist a business. Mayor Suarez: Yes. Our problem is that you may not be presenting the right ones to the loan committee, and then you have areal high rate of the ones you like. Mr. Crape: We11, we can't present them if they don't complete the application and come through the process. ,; Mayor Suarez: Obviously. And you've got to help them with the completion too. Commissioner Alonso: Well, I personally, will meet with them and work very closely with you. As a matter of fact, I would like all of you to get together with me, and with Miami Capital to see if we make it work this time. They .are. anxious to do it, it seems that you are also eager to give them the money, we want this to be done, so let's... all of us get together and make it a reality. And if we have to pass a motion to that effect, encouraging it in any way., is it necessary? Mayor Suarez; I.think it might be helpful. Commissioner Alonso:. -: OK. So... ;: i ~: i ": Commissioner De.Yurree Let me check one thing first before. Commissioner:Alonsoa. Yes. i ,{ ., ,_ ~ ~ Mayor Suareze Commissioner De Yurre. Commissioner De Yurre: Now we are talkin about a three to ai e c . , B x p r ent ~ ~;. interest. rate?. 4 ,, . ~. Commissioner Alonsoc Three to six percent, because it seems more reasonable:. When pou,aretalking about nine, ten, well, you are getting close to a"bank. -~ i Commissioner De Yurre: What about the matching concegt? Where: are we at with that? -, , '` ~ Mayor,$uareze Well, he explained... let's see, the guidelines are basicallq, if it's an inventory, or even an equipment loan, you don't necessarily have to s ~~ have a match at all. ,, ~_ `. Mr. Crape: Now, you're talking about wo different programs. Y~ _- - -. 1 ~=; Mayor Suarez: We're talking about three, really. ~; Mr. Crape: Three different programs, right, ~, Co~nissioner Alonso: Xou have two, and they want to qualify for both of them. ; '' Mr, Rn,~ass 54, what's the difference? "! :;: ~ <^, Cop~f~s~ionet De.1lurre: OK Lets- talk' about the million dollars that we se+t '~ .aside. ;: ~ M~r~ .Crape; <3C:au want to talk. about the.,. Q~ that's what I thought you were _ ' talking about. F.' . Co~~a~~o~e~ itawkinas :the zaflion dolla~~,, hors mt~oh does that leave you after ,~; yQ~ take the mfllfQn? T what doss that loave in this fsand he ire talking about? }: ~h~.: ~~d~:~-#~~ tai~a~ a mfllfoa':~iAilars a~rpna; ~l~at iaav~~ ~vh~-~ f~ i~? ' ~. ~l,i ~ - 1~~+ - Msz~oh ~~~'`~ 199 5~~ ~, 1 r • _ to Cofntnissioner De Yurre: No, it's only a million, that's ail it is: Mayor Suarez: It's a million dollar funds, so that would be it. Commissioner Dawkinss OK, wait a minute now. You had to take it from some ~ ~1ade tb make i.t a million dollars. Where did you take the million dollars - f rom7 i Mayer Suarez: t~lhat was the million dollars from that we got? ~ E Mr. ~astaneda: from the UDAG (Urban Development Action Grant). '# } Mayor Suarez: it was a UDAG? } '~ Mr.` Crap: OK. All right, it was... eight hundred thousand dollars ($800,000) from the mini UDAG program... Commissioner Dawkinss Mini UDAG7 `? ii Mr. Crape: flight, and two hundred thousand dollars ($200,000) was - reprogrammed out of the City's revolving loan fund program. Commissioner Dawkins: That makes a million two. Commissioner De Yurre: Eight and two. :, Mr. Crape: No, eight hundred thousand ($800,00) plus two hundred thousand - ($200,000) is a million dollars ($1,000,000). Commissioner Alonso: It's a million. .Mayon-Suarez: A total`of a million, that's the total amount. Mr: Crape: That's correct. Mayor Suareze How about these fees now, on the issue of some of the parameters-here? I see that they are suggesting. no more than.:an MCDI,(Miami Capital Development Inc.) fee of a hundred dollars for ten to twenty,. twenty } to'thirty, thirty to fifty, et cetera, .and attorney's fees of no more than two d ~ hundred, >thrse hundred, and four hundred. I didn't know that there was anY ~ ~ ,, attorney's fees charged by us, or any quote, unquote, MCDI fee. What's this ~° . all about? We area.: you are charging-:.points :for Miami. Capital loans now? . x : Mr. .Crape:-. Xes'. We're charging.:. :weld, we always have charged a fee for ,_ ; MCDI services... ~ , ~ . .. Mayor Suarez: :Oh, I am not saying that.. this changed, ,when it went-from him to j ,, $ ~~ a you, but I .never knew about it? Why are we. charging points? I don't - ~,: understand: } ~~ Mr. Crape: We have always charged a fee. We just went .recently, based upon ~ the board's decision,.. ,. . e Mayor Suarez: What is.the -typical fes? ~{ Mr. Crape: One percent. - ~ 3 ~, ~ ~ Mayor Suarez: One percent? ~, ~:` , ,;. ,_ Mx':'°Crapp: One percent for attorney's #ees, one percent for Miami Capital's ~,_ . ! processing fee.. : ~ ;- -~ ~.. z : .. . . Commissioner De ~turxe ~. Who are= the attaxneys? ~, . e ~ ~ Mr. Cra : Our `attcarn,~ s are` ICs PP y FPsn, Watkins & -,Paxt.nara, ; ara the law fi~tn that does - l.eg+~i work ~Pr Miami ~aP~ta:l. ~Copp~n, ,Watkins & Panthers. _~ `' ~ a-= ~~~-~~~•Sua~~~: I .thought ~~at. ~k~e fly Asa b+~~~.ca~.~.Y ~,~v~lvnd lit -~nil~ntiQa~, ,< ~ .th~~- ark ~lsQ doing the. ciosin&a? ~ ,2,. ,, :, ~: ,~l~c4;~r~a~~Pp~,,. °Yea;..air. Thsy are dp9.n~ .all Q~ tk~e GQxpvrat9 legal wArk for ,. ~: ~ r t~~m~ ~api~~~. ~ - , 4 , ~ n ,q ; i ti3 - r .. ce ~ 1~1 ri ~ _; x~~~ - " T i ' -- - - - ~ - - .a,. ~ ~ ~ . -~ ~~` ~ _ ~ F i 1 i f E a ~; E Commissioner Dawkins: What was their fee last year? ~r~ Cra~ip: Thirty five thousand dollars ($35000). Cortnt~issioner Dawkins: Thirty five thousand? Mr. Crapp: :That's correct - our retainer. Mayor Suareze ... they Collected in fees lest year? Mr. Crapp: Yes. Mayor Suarez: And that includes for collections, or they get a percentage for collections too? Mr. Cr$pps That includes the basic services they provide on retainer for Miami Capital. They also in addition to the thirty-five thousand dollar ($35,000) contract we have with them, they get fees for the loans that are... ss they are closed, as their closing fee. Commissioner Dawkins: They are minority? #: - A, 'i Mr...Crapp:. No, sir. `' Commissioner Dawkins: You better try to find one. Mayor Suarez: Get some minorities involved, Tony. I would strongly suggest, and: if the Commission giants to do it by more than a suggestion, by resolution... Commissioner Alonso: Yes, I think... E Mayor Suarezz ... that we do limit attorney's fees, and MCDI fee in some way i i or another. :I don't... 1 ;: Commissioner De Yurre: Well, you know, Mr. Mayor, you go to different banks... i - Mayor .Suarez: ;..Yes.. ~ - 1 ,_. ', i Commissioner. De Yurree ... and different banks, they do in-house, they do ~' their .work :as :far as -thee attorneys... youknow,.they use no attorney's fees _ ~,~' ~'~ - for less than fifty thousand, a hundred thousand. ~ Mayor Suarez: I've never seen an attorney involved in a loan you know, that j- ~ was not a.:mortgage,: Tess.:..... lust like qou are saying, in the°twenty, ten p twenty thousand: dollar range, never seen anq attorney's fees: - ~ .~: , , ~ Commissioner Dawkins: In that case., we use the Lity Attorney's office.- ; . ~ Mayor_ Suarez: Yes, and the City Attorney should be able to... .they're ` { x. experts. I don't know if ..Commissioners... if you want to-say ,that we strongly suggest, or we ': resolve that `any loss1s in the ten to twenty thousand dollar ': range., not have 'any attorney's fees, or MCDL fee.... . <::. _ ~ . Commissioner De Yurrss:° Qr even :up to fifty, .That shouldn't ;even... ~,,, - tiayo~r.$uarez: We11,~I;don't lcaow what that will do to their budget because'I ~ -, , h~~ve.:.. ., , '~ .. - ~ ~~ Commissioner ~e Yuarres Wall, I'm talking about the attorney's fees, Tam nod # } taikiag..abat~t their'point - to chargea point. Q . . ~; , . Mayox. ~t~arsscs f'~~r~ ;thei.r=:, attorney+.s fees, less than fifty thousand, nc J ~ _ ` sttcz'nay's fees? x ;, ~D~aissl~~sr ~lpnsos Why this attorney fee for tn~ia kind of t~~tnsactiozs in -a ;set ~- v~~y-~tas~.l,,.: its '-not;,;. `~ ° ~i~sA~iQtt~fs~.:~o~~fsz~x~~~ , Nv, it "s usually charged, . , _ ~~~ x~ ~ ~' 1 tont ~`p. ]i7 a% /~~( 1. ~ 1 f ~ - i ~'_ - _ . ~ .. _ '. ,.. . , ~ ~ . ~~,y,: - ~i~ _. ~ -. ~.~ i [~ ~ tom, `s ~k-'~~ - 7 - 'L ~ ~ ~ n ~ { 1 y. ,.nom E1~ _-_ ~~ ~" :'~. ~...-... {~ Mayor.Suarez: That's... abet to do? -that's what Y am wondering about, yes. i Commissioner De Yurre: Weil, let me tell you, if I were to do a closing, you know like a twenty thousand dollars ($20,000) closing, I can't charge two r ~_ hundred dollars, because you know, I'd lose money on it. So, if it's too love ~ an amount, you've got to charge a minimum amount. You know, but these... t ~ Mayor Suarez: Or not charge at all. Commissioner De Yurre: Or not charge at all. t # Mayor Suarez: Just do it for... '- ~ Commissioner De Yurre: But you know, then I wouldn't, you know... it's bad 't enough what I get here, not to get anything outside of here. Mayor Suarez: All right, what do you suggest, now that we have done that i - ~. quick exploration of the market out there? t f~ Commissioner De Yurre: I think that anything less than fifty thousand can be ~:;~ done in-house. I don't see why we have to go outside to get attorneys to do this kind of work. It's pretty much typing it up and putting it together. '' ~' Commissioner Dawkins: OK. Then, are we going to absorb Miami Capital... hold it now, Tony. Tony, you guys, need to hear this. Tony, you guys need to hear this. Then are we directing to Miami Capital, that they do not have to use _ any. legal advice for loans under fifty thousand dollars ($50,000), and when it _ goes wrong, it's the responsibility of the Commission and not Miami Capital. Is that what we are sayingl Commissioner De Yurre: No. What we are saying is, that a lot of the paper work for a small loan... Mayor Suas-ez: But that's a-fair statement.. I: mean, if because of the.lack of an attorney: in the case somehow, the..money is .lost, if one can attribute it to the not having an attorney involved in the transaction, we are assuming that responsibility. We can't blame them then. _ Commissioner De Yurre: Well, I've got no problem with that. But the 9 situation is that they are doing their job just like any other bank that does ~. the exact; same thing. .- ,: Commissioner Alonso: That's right. ~_ ~, Commissioner De Yurre: There shouldn't be any liability. ;fin ~`~ Mayor Suarez: There really shouldn't be, for a hundred and fifty thousand that are non-mortgage. A11 right, and that... build that into the resolution. ~~ ~~ Commies-loner Dawkinss Thereis... I'm sorry. There is a liability. The ~; = ~ h e nues -if you' lie, qou are_ liable; and draw u p ~d ~ as~ a i_ , a . p papers where I o know Mayor Suarez: Yes,. the affidavit, yes. Commissioner Dawkins: ... Miami Cap... affidavit... Miami capital cannot do ~~; °. this because they are not,.. buy hey, I-am just raising the .question. ~: ~ Mr. Crapp: You're correct, We do not have that expertise in-housae to be able ~ ~. to; handle the e.losings.o~' these loans without; you know, :resorting o.. some t of _ ype legal as~istance:~ .; ~~, Mayor Suarezs T think too. , , ~ :',q-. ~'. _=, _ fir: , Grapp s AAd :'the point -ls, you're, . , = ~ ~ ~ ~~. t ~ ~~ . ~ .; ,- y4r~~Sue ~ . Ma~~ rags .,, that Tarry, thpugh, that. for under fifty thou$aad, I don't ~`~ ;~ ~ know haw much you give a yasr under ~i€ty tl~ousaAd, ypt~ probably don't $i.v~ -= ~t~l ghat ;many, :but :; e~,tng+~th~sz'~ t~o~o: M~aml. Capital, ender ;~~.~ty ~hQUS~t~d; fox ~ ~: ~. €~-~', t~~t -#.~o, wee can get some :vnl~3m~~eP hs~,~ ~~'~m~ atts~~'n~ys p~9.! bpmst,`- g+R;w~ ~° dp~a' ~ :`t~aY9~, ~h~ars~ pa~pls, { 7~i 9Jq y, n A~j -~~ s ~ - - i ~Yl~ ` - , _ :~ ~77 ° -.,.~rzrx~:;* ., . _ _ ~ m ~n.:_;:~„~r k-- -fir , . ~ ~~ .~ ' '~ ] .. . - - -- _ .. ,r ~. - 1 r. _ ~. f I Cotn-hissianer ~e Yurret 'Y`ou know, r'11 tell you what. One week... ; ~ Mayon Suarez: You laugh agaih. ' Commissioner De Yurrea Mr. Mayors ~ Mayor...Suarez: I always promise it, and 1 never come through, do l? '~ . Commissioner De Yurre: Mr. Mayor... Mayor Suarez: OK. dell... 4 ~_ Commissioner De Yurre: The issue about the attorney's fees, why don't we leave that out for now, and bring me your most difficult fifty thousand dollar ';' r•. loan. Bring me the file, I'll take a look at it. 3 Commissioner Alonso: That's good. 3 f ~ - Commissioner De Yurre: You know, be able to see what's... ~ 1~- ~ 7!- ... Mr. Grasp: OK. That's good. i r: ` Mayor Suarez: Yes. On that one, I think too, that I... bring it to me too, . i because .then I will try to find somebody to do that one for free for us -and we should have a committee of those. Commissioner Alonso: OK. Mayor Suarez:- So we are going to try to reduce fees to zero, leave the MCDI ' fee at whatever percentage they charge... one percent is not a heck of a lot, and try .to lower the interest rate by resolution of this Commission; resolution in'principle.. fi don't think we ought to bind them by it. I think they have got all kinds of other things they have to meet. -But resolution•in principle that generally, in this area, for the effort that we are undergoing ' " here, they'; should stick to three or six percent rates.- i- Com:'nssioner De Yurre:. The only issue that remains which I tried to get ~an answer on a moment ago is, this matching fund concept. Where are we at with that? ;.. .; ~., Mr. Cra pp:- Well, as the program was approved by the. Commission, it has a ,~' matching provisions.>within-it. ~_ t ` - Mayor Suarezi :For. the economic development type loan? -for the big ones?' Mr. Crapps That's correct: :.Because.-.the purpose was to try-to leverage the ~ one million dollars {$1,000,000). :- ~.~ Commissioner De Yurre:: That's atwo..-to-one deal... ~~- ~ . ~• Mr. Crapp: Well, it's one-to-one up to fifty thousand dollars ($50,000)....' ,. ~. ~~ :. ., Commissioner De`~ Yurre':• OK. ,. . , . ,• Mr: Crapp: ... and=two-to-one'over fifty thousand dollars ($50,000): ~~ ,= •~. ~; • Commissioner De Yurre: And now, the problem that they are finding is, with s the banks the way theq are, they can't go to.the banks aad get the. futtd~.ng. .'~ , ~~ ~ ` Mayor Suarez: .Let's change the-,guidelines. You want to snake it, ~o match up ~ to.fifty... fifty to-whaCaver: amaunt,:.one~to-ane, and. them qou ,know say', fifty -~F-` to =two `huadred .thousaad,f.sarieTto~one, ~ aad ever, that, ;then`.: two-ta-one? • - •, ~ '. , . ~ Commissioner De Yurre: Yss,. let's give them a,break. Most of.~hese 7.vans are ,~ N : ~oin~ to • be i~ss -than fifty, sa; I ~d rather l~t'.s say, , . like ~-~~ +~re ~ ` .s ~ sssggastit~g, up to fifty that there' be no matching. That they cou~.d ~u$t ~ ,, s} bpxrow it straight Out, t, ~ - Mr, Trapp: Cotamissiouer De Yurre, we aro talking abut ... are we etil~ ;. _ °~alkia~~-'~` shQ~t -the- current progra~u than exiet -, .the ene ~niil~.Qn dollars ,~~~ T ~I~~tA~Qa~~Q~ ~r1~$#'aA4~ ~r ~- r_~ y . ~~ ,Frx ~ ~ s~ ;~ ? _ S ,~~~ MaxC~ ~$: i9~i ~ # t ~ ~- ~ j ` - - - - - a'7R5F - -~ _ ~ { F l~+r n i~r_<!~t ^~t ~, "e S r~ .NS's •_ _ _~ - - _- r trfi~ci ~~ ~ + F • t Commissioner De Yurre: Yes. Mr. Crape: ttemember, that that program as was approved by this Commission is strictly for real estate, acquisition, or improvement. It does not provide for working Capital loans to be made from that fund. Commissioner De Yurre: No, but it provides for buying equipment, your `~ ttsaster, and yrdur kitchen, and things of that nature. Mr. Crape: I'm sorry? Commissioner Alonso: Equipment. Commissioner De Yurres It does a lot to buy equipment -capital. Mr. Crape: No, it does not. Commissioner Alonso: No? Mr. Crape: No. Working capital and fixed assets as I indicated earlier, are funded out of the City revolving loan, which is a separate program from this million dollar program. 'a~ Commissioner Alonso: And you also have one million? Mr. Crape: Yes. And we have a million for this particular program which is strictly for real estate development. Commissioner Alonso: OK. Commissioner De Yurre: No, but better... let me tell you, I... when we... my .concept of the million dollar loan program was, not so it could buy real estate'; but if-:they were to lease apiece of property to open up a restaurant, a cafeteria, "un cafecito," anything of that nature for example', that. they would have the .money to buy the tables, to buy the chairs, to buy the toasters; the :ovens,. whatever they needed to open it up. That was my .concept of it. Mr. .Crape: Well, that will have to be modified then, because that is not the program: as was approved. ~~;, Commissioner De Yurres Was your concept that it was to buy real estate? -~,- ~, Mr. Crape: .`That's correct. That's. the was it was presented. - ~', ' . Commi'~eioner Alonso: This is amazing, because he was the maker of that ";,: motion, and his intention was not to be necessarily for... well also included ^,-;; real"estate, .but it was not necessarily for real estate. And now, it comes ~~, out 'that' it was only, with a collateral; property, something to that effect. _ Rights ~~Th~nt'.a the `.waq you understood.. it to be? Y4( Mr. Cr.~pp: That!s ;-the way the. program was written up, and that's the ~ description that was before the Commission when it was approved. r ~~ ,; Commissioner De Yurre: Well, I don't think that was any of our understanding, z t°, because we ;ally:-sat:.. here. when. we .voted. for that, andcertainly wasn't mine. - 3 Comm3ssicner.Alonso: Well, I think that-in order to expedite this, I thick ~ '} -they `should . start working with the .other one million that you have, so they i caa start getting their money, and we w~.ll have to come out with a chaage in regulations as to make it possible for a small business to qualify fora the`' ~ t~ - restof the money. .And-not necessarily for just acquisition of real estate. a ~_ -~~ .. Commissioner De Yurre:. Ncw, you are saying then that with the other... with r ,,~ . .~ the w~rkinq capita. program, then' th~ay aan ° get tk~a funding to ;,buy' t}~s ~* eiquipm~nt. _ ,; i~r. Crapes That's Correct., 's - ~• ~~ CQmeaia~ioner De 'Yux're: QK, and is there any matching there right nowt '~ -,- ~: ~~ -Y ` ~ .}. 1~'~ HarCh ~~, 1i~~1 ';t1 i ~ a ~ ~ . ' ~ zY: ' p 3 ~ Commissioner Alonso: No, no matching Conunissioner be Yurre: No matching? Mr. Crapes No matching required, The only require... ~ Commissioner be Yurres So basically, what we were trying to accomplish with the million, can be dune through the regular... r Mr, Crapp: With the existing program. 1, Commissioner Alonso: With the other million. ' Mr. Crapp: That what we've been saying all along. Commissioner rie Yurre: OK. Fine. Well then... dice Mayor Plummer: Are there any motions to come before this body today? Any motions necessary? Commissioner De-Yurre: Well I think the motion we are talking .about is our indication to keep the interest rate between three and six percent. Commissioner Alonso: Three and six, yes.. Vice Mayor Plummer: As a suggestion? Commissioner De Yurre: A suggestion, or a... - Vice Mayor Plummer: All right, is there a motion. Commissioner :De Yurre:. Yes. Motion second. Commissioner Alonso:. Yes. And to work very closely with the merchants as o help in the entire process, to make them able to obtain the loans. Vice=.Mayor Plummer: Is: there a second? - ~ :; ~~~ y; Comtpissionsr De~~Yurre: ; ,Second. ~ .~ , sr'• ~: Vice Mayor. Plummer: :Is•there any further discussion? - ~~ Mr. Victor Pinzon: There is one more point I would like to make. .:r ' _- Vice.Mayor:Plummer: That is? - _; ' _ _ Mr. Pinzon: 'And that is, we would like, to su est the gg president of the Latin ~ ~ ~~ ', = Quarter to be considered... to be appointed. by the.;Commissioners<ao~.the board ~F,, of°'the Miami` Capital ~DevelopmeiLt Incorporated? ~~ Vice-:.Mayor Plummets Are we'in a position to do that? ~ 3 Mr, :Crapp: What-was the.qu~stion? .. I'm sorry.. Vice? Mayor'Plummar,: ° ; We• caa -recommend... ? ,~ Mx.-Pablo Perez-Cisneros: I don't know what they want, the board or the loan i • ~~_ t- ~" 'committee? _ ., ,~ Mr. i'it:zon s The loan- comntittea, :° . :. ' ; Yce kiayor Plummer: The loan dommttea. .j ~. ; " r. ' I~r. Pe.re~-Gisaeros: The City Gomm~ssion can recommend to the chaf.rasan o~ the ~ x . Miami Capital to name, ar the axecutive_director can rscon:ms3nd tq the cha~rm~n : ~,- off M#an~i, Capital, .. <' +- _~ ~> Vi~a- ~ayQ# l'ltumne~': Ali right. Well they, ' as ~ understaAd fit, if it ~ s ' ~' ag~4~~b1~ w,~th ~ha tnake~ sit the ms?t3o:x, that it's t~wof~ld, one, that the ~` ?~~- ,. ~43~$~~~~,~$A Q~ ~h~ Gomr~~aaiQn... A314, i8 t9 ~~es~~st~ in ~ti` ,~nt4rASt rate t' Y^ . butwaA~.; ~hr~~ tp a~.x pet~+~~nt, s~s~d "b" ~aaQnd ~Artic:n, wc~uid b~- tc s~~e ter. _ ~ 1 ~ y~J ~,; ~oja~ `~~ ;~ ~~c~1~4r ~~ the i~~hQU~~ .can ccu~i'~tas~. ' ~~ ~~»' • ~ =fir ~ }Pr~ ) }~]L~ pl88 ]jJjwy/~~/+ ~~~ T ~~~h ~w ~ f ~ , ~ ~ ~ R ! 3 ~ ~- • u;t. ~ _- ,, ,~ .~ -, ~ Y _ Mr. Crape: We11, you would correct that to say, the loan committee. the in- house loan committee is purely staff committee: Vice Mayor Plummer: Loan committee. Zs that the motion understood? Commissioner Alonso: Yes. ' Vice Mayor Plummer: OK. Any further discussion? - Mr. Crape. Mr. Crape: Just one clarification, Mr. Vice Mayor. The three to six percent limitation that you are putting on the interest, or suggesting that you are ' making, applies to the one million. dollar ($1,000,000) program that we are t talking about? Is that correct? Vice Mayor Plummer: Under the fifty thousand individual. ' Commissioner Alonso: Yes. r~ ' Mr.~Crapp: OK. Thank you. Vice Mayor Plummer: All right, call the roll. -i ~ The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION N0. 91-247 ~~ A .MOTION URGING MIAMI CAPITAL DEVELOPMENT TO REDUCE ~,` THE INTEREST RATE CHARGED ON LOANS MADE TO LITTLE i HAVANA MERCHANTS, IF POSSIBLE, TO A MAXIMUM OF THREE f TO SIX PERCENT; FURTHER REQUESTING THE MANAGER TO APPOINT ELIO ROJAS AS A MEMBER OF THE MIAMI CAPITAL DEVELOPMENT LOAN COMMITTEE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by :the following vote: k_ - AYES: Commissioner Victor. De Yurre ~- '. Commissioner Miller J. Dawkins ~ f ~=," Commissioner:Miriam Alonso ~" Vice Mayor. J. L. Plummer, Jr. ~ ~~' ~ , NOES: None . ~,, ! ~, ABSENT: Mayor, Xavier L. Suarez.* -(^ - &k: -. *NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, MAYOR SUARE2 ~:'; .REQUESTED OF'THE CLERK TO BE SHOWN AS VOTING YES ON THE MOTION. 5~i ~ - - -< '~ COMMENTS MADE AFTER ROLL CALLS ,t'. Vice Mayor Plummer; Go away and sin_no more. Mr. Rojas: Thank you, Commissioners, and Vice Mayor.. - },~,' ~ ,. ~.'. , . , NOTES- AT THiS POINT, THE .CITY COMMISSION RESUMES CONSIDERATION' OF ITEMS ON THE PLANNING ANA ZONING ' ,- PORTION OF THE AGF.~NDA. ~. .. ,~ ,. ~. ~'. m ,^ ~ ~ ~,. ~ ~T ; , ~~" _ . ~ ~{ ~,~ - ' ' ° t n ': r,. y Q ~~~ 4Y~~~~ ~y~ ~~~~ i G: i i fi ~, `. 1 -r~' .~ ~ 28. (Continued Discussion) BRIEF' DISCUSSION AND CONTTNVANCE Off` PROEOSED RESOLUTION REGARDING VACATION AND CLOSURE 0~' PORTIONS OF N: W, 37 AND 3S STREETS BETWEEN N.W. l7 AND 1$ AVENUES; PORTION OF 18 AVENUE BETWEEN 36 ANb 39 STREETS; AND N-5 ALLEY LYING 126 FEET EAST OF' N, W. 19 AVENt~E BETWEEN N.W. 38 AND 39 STREETS (Tentative Plan ~~1386-A Miami Jackson High School - Applicant: Dade County School Board) (Continued to April 25th) (See label 26), Vice Mayor Plummer: Item 6, is the School Board. Are they ready to proffer 'a volunteer? Mr. Rodriguet~: It was tabled until you arrived, and you are here. Vice Mayor Plummer: What? Commissioner Alonso: Tabled. Mr. Rodriguez: It was tabled. .Mayor .Suarez: I understand that, and he was supposed to go and make a phone call, and come back. Are you in a position, sir? Mr. Mike Levine: No, sir. I wasn't able to locate anybody that I could speak to it... Vice Mayor Plummer: All right, sir. meeting of April the 25th. We will then defer this until the next Mr. Fernandez: Continue it. Vice Mayor Plummer: Continue it. I'm sorry. Is there a motion needed fo: that?:- to continue. Ms. Marry, Hirai: No, sir. Commissioner Dawkins: So moved. ~. tY. Commissioner Alonsoo I so move. Vice-Mayor ;Plummer: °Moved by Dawkins, seconded by Alonso. Ca11 the roll. -, ON :,MOTION DULY: MADE BY COMMISSIONER DAWKINS AND SECONDED BY ,_, COMMISSIONER ALONSO,- THE ABOVE ITEM WAS CONTINUED' TO THE` ~- COMMISSION MEETING OF APRIL $STH BY THE FOLLOWING VOTE: _ AYES:' `Commissioner Victor De Yurre Cogiuaisaioner Miller J. Dawkins '` Commissioner Mfriam Alonso Vice Mayor J. L. Plummer, Jr. N08S: None. ~, ~~ ABS$NTr: ,Mayoor `Xavier L, Suarez. ` ~;~- ~. 1. ~: ~, t ,:~ _~ - - -~, , `>=,x ~ .,. _ - ~ ;: ;.:.t 2~ . AbBItOVE REQi1EST TO MObIFY REQUIREMENTS OF CHARTER SECTION 3 (rnm) (ii) (A) TO PETtMIT CONSTRUCTION OF` A C0~'FEE SHOT' TERRACE AND SbA AT 100 S.E. 4 STR~~T (Applicant: Riverparc Hotei). .i..~.-_w'~i~¢inr+i.r.r.:.3..Arai:a..r~~~.r~~:au....~~a~.r~.~~~~~~..~.~i.~:i.~~~.r~.~~~~~~...~.~~~~.~~~~~~~~~r. r.~~~.cs:.ai.~-~ Vice-Mayor Plummer: Yes, item 7, Riverparc Hotel. Ys the applicant present? All right, sir. Are there any objectors present?- All right, sir. 'The Ri~rerpa~c Hotel, it is for approval, and it is to permit the construction of a coffee shop terrace and a spa, with a proposed waterfront setback of 27 feet, 50 required, and a side setback of four, 37.5 required. For the record, sir, ybu want to-state your name and mailing address? Mr. Alfredo Gonzalez: Yes, sir. Vice Mayor Plummer: Are you an attorney? Mr. Gonzalez: Yes, air. Vice Mayor Plummer: Are you here fora fee? Mr. Gonzalez: Yes, sir. Vice Mayor Plummer: You must be sworn in by the Clerk. lobbyist with the City? Mr: Gonzalez: Yes, sir. Vice Mayor Plummer: Be sworn in by the Clerk, please. Are you a registered } s <~ i. ~. j,! i- C ~: `s ~, ,: :;~; ':~ AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH-UNDER ORDINANCE N0. 10511 TO 'THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice~Meyor Plummer: Commissioner~De Yurre, you wanted to hear some kind of a .comment from... before making a motion? j xx Mr;~Gonzalez: For the record, my name is Alfredo Gonzalez. I am an attorney T with offices'at 2601 'S Bayshore Drive. We are voluntarily agreeing to all of the conditions-that staff has laid out, which includes the payment of five thousand>~"five hundred dollars''($5,500) from us, for repairs to the walkway, and to 'the area in general. I would like to ask fora further clarification; andt'~that is;'to any resolution you make. With respect to an interior spa, and mezzanine that appears in the plans, we would like the flexibility of being ~ able to:~delete the coristructionof that, and secondly, we had mentioned the fact that we would be relocating the garbage carts to the side of the s ~:- propertq:~ That's.:. we are not going to do that, we will continue to work - With3tAff. An thAt -i SQ Al1A_ Anri T thinlt atnfF. hna nn nrnlvl n... ra4 }h siMl, ..« ...... ..C - _~ Vice:: Mayor Plummer: 'I think ;that Mr. De about a little bite_of-:playground equipment _~~ . w1.th. ' , , Mr: Gonzalez: Certainly; sir. That-will be -~ Cammissioner~Dawkins: I need some clarifice Vica Mayor -Pltanmex: -:.Ali right, hold 'on. Le ;.. Commissionar Dawkinas .; OK; Vice Mayor Plummer: .How tn:ach would you like ,~ :` Mr. Gonzalez: Would,a'thQUSand dollars (S1, _.. ,. ,. .., ; t; Via+~ Mayox Plummets That's fair, because t#~ tea, -L;. ~~, .. ~ . ~' Mr, GQn~aie~~ Yes, sir. q. ~+4~~°~Ai~ ~iiA~gO~'3 • AK. ~'iQ![1tA~s$~.f?~18r ilaWl4i, _`` ~ ~ . ,i.M-f`°~ s,,,. ,,. . k .. i _ ~~ 1C i 7 ~a~;' a`i` } 'Y - al S~ it j 1 ~y y _ urre was maybe, wanting to hear that you might went to help out acceptable. lon Vice;Mayor. ,~"K's~,~ f * ~ "'z~ ~s 1 E k _ Catnmissioner bawkinss there is already a restaurant, or a something, that's rf already there, is that not a feat? i - Mr. Gonzalez: In the inside of the hotel, sir, yes. ! ~,.~ Comtais:~ioner Dawkinss In the inside of the hotel. r- ~ Mr. C~onzales,s Yes, sir. ' z Commissioner Dawkinss ~o now, are you going to put this directly behind that, {~ or to the west of that? ,~ ~~ Mr. Gonzalez: It's directly behind that, sir. i 1 { ~ Commissioner Dawkins: So therefore, I will not be able to walk down the walkway that tae made... ~ ~ ~. _ Commissioner Alonso: Oh Yes. ~ ~ ~~ - Mr. Gonzalezs No, you will have direct access to the cafe from... i. i Commissioner Dawkins: How much of... no... I will... OK. I have direct ;, ' -.Y ! access now of approximately 50 feet. Now, if you come out, I don't have fifty ~; feet.: I've got what you have left. Now what are you going to leave? ~, Mr. Gonzalez: Twenty-seven feet, sir. 1 4 Commissioner Dawkins: Twenty-seven feet. Twenty-seven feet from the water? , ~~ Mr. Gonzalez: yes, sir. ~. , Vice Mayor Plummer: Even if you are not sober,:you could negotiate in twenty- ~ seven feet. , , Commissioner Dawkins: It all depends on whether it's straight, or crooked. i ~ Vice Mayor Plummer: I won't touch that line. Any further questions by the Commission? You understand that that thousand dollars of playground equipment 3-. is a voluntarq covenant on your behalf? 1 ° ?; Mr. Gonzalez: Yes, sir. And we accept. ~! t ~~ Vice Mayor Plummer:. All right. Is there a motion? ~ ~,~ o.'` Commissioner Alonso: Yes, 'L move. ii ~ ,~ ,-, 1 "~ ° ~_ Mr. Rodriguez: When? - ~ i ~`~ ! l Vice Mayor Plummer: It would bepaid within ten days. { i ,; t _ - ~ '` ~ : Mr. Rodriguezs -Time of building perlnit,.ten:days. ~ ;; ~. - Vice Mayor Plummets -Within. ten days. Is there a motion? i Commissioner Alonsos I mays to'approve. i~ Vice Mayor Plummer: Moved by./A].onsQ,/ascondedby De Yurre. Excuse me. ~. ,. ~~°' Commissa~.aaer: Ds Yurres In °fact, ;,~ would- 1il~a to see a thousand ._dAllars ' ~. ' {$,~,AOp).:,in playground equipment go to Urra's new day care facility, He ~s~ i "' going to need some help with that, ~, a , , ,, .y ~., ~ .. ~~ ~_, ~~w . Vice Mayor Plummer: I have nsa problem with that, if no other msmbex oP the ~ ~~: ,. Gsamiaiasian doas3. ; , ~., ~ _ _ i '` Mr, Gpn~aia~s ~: Wa have.:. na prab~.em with that, a~.r. - ~ ~'?= i "° ~iaaioner.~Ai~nao~ ~'o~ mean far the ens who is g4in~ to ba buiidirig? ` ~~= -~ i ~ ~r~k.~ ~~i~a~~n~x~:t;A~wl~ia~a: QK, A~.1 r~.~ht, hard ~.t. I am ~oin~ to ha7,p msj dud ~ ;~~~ . t ~ ~c~~.~~~s~~~r; ~is~~a~, A~.i right, w~a h~qQ that fund far ~~aygxound equ~.pment ,'a , ~~~~~~ ~. . '.Y ~~ ~~~ ~a~~h ~~ ~~~~ t. ~ .fit jG 1 _ ` I ~S~ `~ ' f` ~ r I Y ~~ ( il .. ~ ~ ~/~_ 4 .~ ~ _ '~iCe Mayor Plummer: 'Not necessarily far playground. ~ormniasioner Dawkins: 'There is a fund that other monies have been contributed to. Am Y rights f. Vice Mayor Plummer: Correct. ~; Mr. Rodriguez: You have a developer donations fund. r Commissioner Dawkins: $eg pardon? Mr. Rodriguez: You have a developers donation fund. • Commissioner Dawkins: A11 right. We do have that, right? OK. Then if Commissioner De Yurre is going to give a thousand dollars ($1,000) to the... Vice Mayor Plummer: Allapattah Commissioner Dawkins: ... Allapattah, that each Commissioner get a thousand dollars ($1,000) from that fund to give to whatever playground they choose.. Commissioner Alonso: That's very nice. 'Vice Mayor Plummer: That's fair. Commissioner De Yurre: I've got no problem with that. f Commissioner Dawkins: That's fair. OK. I knew, you wouldn't have. That's why I did it. Vice Mayor. Plummer: All right, there is a motion made and duly seconded. Motion understood. No objections. It's only still a thousand to you, sir. Commissioner Dawkins: That's right. Thank you, J.L. Vice Mayor Plummer: Call the roll. ~,t '# The following resolution was introduced by Commissioner Alonso,- who moved-its adoption: RESOLUTION NO. 91-24$ j A RESOLUTION WITH ATTACHMENT;,APPROVING AMODIFICATION OF THE REQUIREMENTS, AS SET FORTH IN SECTION 3 (mm) ~' (ii) (A), OF THE CHARTER OF THE CITY OF MIAMI,. ~ ~, FLORIDA, AS AMENDED, TO PERMIT THE CONSTRUCTION OF A COFFEE SHOP TERRACE ON THE SOUTH -SIDE OF A STRUCTURE OVERLOOIfING THE MIAMI RIVER AND THE CONSTRUCTION OF A .SEA INSIDE THE EXISTING SWIMMING POOL FOR THE PROPERTY LOCATTD AT--'.100 SOUTHEAST 4TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED. HEREIN),.WITH A PROPOSED ;:;. ,SETBACK OF:27' (50' REQUIRED) AND A SIDE SETBACK OF 4' ' (37.5' REQUIRED).. -(Here follows body of resolution, omitted here and on "- ti.•~. .. file in .the Office of the City Clerk.) ~~ Upon being seconded by_Commissioner De Yurre,. the resolution was passed ~: and adopted by the following vote: i ~i ~~$: • Commissioner- Victox De. Yurre ~ ,` :~ - Commissioner Miller ~. Dawkins ~ , .:° ;Commissioner Miriam Alonso _. s_ Vice Mayon •T• L. Plununsr; . Jr. ~ ~ ~; ,:~~ a ' Mayor Xavier L. Suarez r 1 NOESr - Noae. , • , ; f ,, ,~ " A.85ENTs Nome. `~ i ', 'A1 ~4~ Msxeh Z~, 1Q91 ,~ ~ r;. ,; ~., ~ ~ ~ ~. M GOMM~NTS MADg A~'~R ROLL CALL: • Commissioner Dawkins: I'li give you my park Monday. Mayor Suarez: Mr. Mayor, we are now on the eight. Coromissaner Dawkinss Did you Madam City Clerk, did you reflect mq positive vote on the prior item? I was in the chambers. Ms. Hirai: yes, sir. Mayor Suarez: And the others? T didn't miss any then, did I7 Commissioner Dawkins: No. Mayor Suarez: Hopefully. Thanks. Commissioner Alonso: Vice Mayor Plummer: PZ-8. Eight. ~;~ ~~ ~~<~ f Mayor Suarez: Good enough. 30. REVIEW BY CITY COMMISSION PURSUANT TO RE50LUTIONS 89-414, 89-415 & 89- 416 -APPLICANT FOUND TO HAVE COMPLIED WITH CONDITIONS -APPROVE SPECIAL EXCEPTION FOR EL MILAGRO SUPERMARKET (1681 S.W. 23 STREET AND 2289-93 _ S.W. 17 AVENUE),. WITH CONDITIONS. Mayor Suarez: PZ-8 Mr. Olmedillo: PZ-8, this Commission asked to bring back the Milagro 'Supermarket on 17 Avenue S.W... 17th Avenue, for your review one year after ~'~ the issuance of the permits that were issued by the Commission, and we... the ~ City, has received .two- thousand dollar ($2,000) payi>ient from the- owner, '~ Joaquina Concepcion, the owner of record. '~' ~ Vice, Mayor Plummer: Is that what was .agreed? ~ Mr..Olmedillo: It was a thousand dollars ($1,000) per year, for five years,. 4 - ~~ ~: T~ice`.Mayor Plummer:. And how-many .years ago was. it? Mr..Olmedillo: Two years,. went to .the second year.. ~•: .. .,. ~~ Vice Mayor-Plummer: Well, then they are current. The lotto has been good to '~ -~ them. ~ _ ~'.- ~` ~ Commissioner Alonso: Yes. I have one question. 'l . i s _Mr. 0lmedilio; Xes, ma'am. E -. 1Commissioner Alanso; Do we have any kind of guarantee that they will continue ~_ - }, ~ , to make payments on regular basis? -because I understand that they were late ; ~ , ~' aA niak@ payment... ~. ; .~. , - Mayor. Suarez; That .they. might be selling, et cetera. r ~_, Comminsiane.r AlQnso:: ...-and>they dial this payment 3ust at the time that we were going to.,, I believe it is a day or two ago that they made the payment. Tf that ie the Hasa, Z'1l like. to have some sort of guarantee that they are ~~~ ~ going t4 continue to make the payment on a regular basis. I hope so but we j ; :: ~~ , want'to be sur® that they-:will contiaue to make the. payment.. - ~" w~ a A ~, Viol Mayor Plummer; They wi.li. surrender a covenant tannin with the 1aad, ¢ ~h~-t'a al.i,. A~ loag as I kosp Shopping i<iaors, th~ry will stake t3~eix ~ayaaent. ~.~ - ~i* :I quit shopping tk~~x+~, they will be in 1~ankruptey. -. .. _ : „~ .... , . . . . ~; ., ~. ~. i~ ~_ - ~~4 ~~~~ah 2~~ .~~.~1 t a . 1 -- wF(Y ~Y+'yT, ! ;.~_ •~~~ ~ '~ ~ ~ ~. .. F . Mr. itodrigue~s Commissioner, I will like to also make you aware, there aYe eotne violations on the property that we found out... Vice Mayor Plummer: Whoopsl Mr. ~odriguezs .,. that we found out this week, and that we are going to - again make them aware of the violations so they can be corrected, otherwise, it will be going to the Code Enforcereent... Mayor Suare~s If you want state some of the record, 3ust for the heck of it. As long as they are here, you may as well make them aware... Vice Mayor Plummer: Well, yes, that's what the review is for. Mayor Suarez: ... while they are here. Mr. Rodriguezs They do have, at this point, a sign without permit. In - addition, above the roof line, they have flags and banners on the 17th Avenue side without permit.. Commissioner Alonso: Oh, I thought they looked nice. Vice Mayor Plummer: Oh my God! Mr. Rodriguez: They have failure to... Vice Mayor Plummer: What a serious violationl _ Mr.'Rodriguezo Well, they are violations. Their failure to maintain... Vice Mayor Plummer: You are telling me that that flag that they... the American flag that they have up there, is illegal, immoral, and fattening? Mr: Rodriguez: Flags and banners. Vice;Mayor'Plummer: Ah... Mayor Suarez: OK. Anything else? Mr. Rodriguez: They have also... they have failed to maintain the hedges. that was part of the conditions from the zoning. . Mayor Suarez: -;Not the last time I was there, they looked awfully nice :~ . ~'~ Commissioner Alonso: No, they looked nice. The hedges were nice. Vice-Mayor Plummer:. You know, wait a minute. You-know, this is exactly the }~r damn Code Enforcement Board gets nothing done, because they are worried about ~x. a flag_and a_hedge. i ~. ~ Mayor Suarez: The hedge looked good, but maybe it .doesn't anymore, I don't , ,. know. Commissioner Alonso: They looked nice. No, they were OK, yes. ~~., ;. Mayor Suarez: Now the serious business they never get around to. ;j .., dir. Rodriguezs The next issue was also, they have to work on the five shade ~' trees. Apparently, they have some prob~,em with some of the tress,- and whey 9 _~~. have ... '' ; ~~,,,: .. <_ Vice Mayor Plummers With the what? ~~ . ,; - ~. .,7 Gommissianez ~fionso: What? j ~: _2 ,~ ~'~` Mr. Rodriguet~: $ome Qi the treas. There are five shade trees that wears pant ' ' ; - of the` a~s~ditiQa that 'you have 'om the;`.. ;. ~, .. _ .~ ~s~a>~aiaaioaer Dawkins: They have sot p~.aat~d them, or th$y have ~rQwn goo ~a;rg97" ~' - Mr, ~sadri8~e~: They hive 84m~. , sam+~ o~ th~>~ ire ~ctt is gaol ~h~~~ ~ 4 ~ ~: ~ _. ` ;~_ ~ 1~T M~r~~ ~~, ~~4~ - '~_ ~ ... . . ~ , ,~- - z ,. -~ ,,__ t s s Mayor Suarez: They are not providing much shade, I guess. Mr Rodriguez: in addition to that... Msiyor Suarez: They don't look real good. Mr- ftodriguezs ... the ice sale machines have been installed outside in ttte parking Area. We are not completely sure that they are meeting the code. i Commissioner Dawkins: Mr. Mayor, I' 11 make a motion that we pass this, and ' ~ that you designate me as a party of one to go out there and look at this, because I need to see this. Mayor Suarez: Yea, the rest of us have seen it. Commissioner Alonso: Yes. The only concern that I have is, some sort of {_ guarantee that the money will continue to come to us. Because theq paid, '' because they werecoming. l ~~~ Commissioner,Dawkins: OK, Then, you should tag... . Commissioner Alonso: They had paid. only two hundred dollars ($200). Is that , '' right? ~` Vice Mayor .Plummer: Two thousand. ;- Commissioner,Alonso: No. Now, it's two .thousand. Prior to that, it was two "' ~ hundred. Is that right? ~ Commissioner Dawkins: All right, tag a penalty of interest on it, and that ...:will make them pay in a hurry. Commissioner AlonRO: I beg you. pardon? ..That's right. OK, so...- Commissioner Dawkins: Put a penalty on it if they don't pay on time. That's 'all. ,_ ~: Mayor Suarez: The payment schedule is how much? l' ~i Mr. Rodriguez: Tt's-one thousand per year. i ' Commissioner Alonso:_ A thousand ayear. ~; '~ .;~ _. Vice Mayor Plummer: A thou a year for five year. K' ~-~ Commissioner Alonso: And they had only paid two hundred. And they paid now ~~-'' two. thousand:,_because.well, they were coming . in front of us.. ' x :.. $ . ; ,: ~, Commissioner Dawkins: Does that make them current,.. or they owe three n ahousand? ~ .~ '` f, Mr. Rodriguez: Well, they are current. up to this point, yes, until... Commissioner.; Dawkins. They are current to date? ~ .': -v. ~.~ ~,. "' ~> .. ,. Commissioner Alonso: X@s. .., .. . ~ 3 _ Co ; mmisainner-Dawkins2 And when will the next thousand be due? ' ,; '~' ~;; : ~.. Mr; Rodriguez: One year from now. Within one year.fro2a naw. ,Y, ... ~~, ~'~ ~.- ;. - - : • ,_ Cammiaeioaer Sio~so2 And they will npt.have to come baok to us again? r , ,. ,; .Y ~. C~:nies~,+p~t~r~ Daw~~.ns 2 , Ye;e,. they'v@ got .Elva years. - ,, r { , ~ ~ _ 2~e~ox S~Sare~2 ~:d S;ay::i~ th+~y are not, .. r + s - z~, '~~m~~~s.l.an~r .,~~f9A0D2 <. , .,.they ~).av@ it ~flr f 1v8 ye.ara but .they aoms to u$ :only ~ ~~~ :: thee. ,~~me. . ,,ls that ° right? - r k s '". ~ ; ~- z ' ~~~ ~114YC~f ~a ~~~~ ~i :`= ~~a' ~ 1 ~° ~ 1 "13fA:~k ..w. - Ik. J ~. x'14 1 ~ tl ~ ~ ~" 4 2 ~,.. u . , _ , _~ ' ~3~ _ - ..~. Meg Miriam Meer: This is the opportunity for the City Commission to review them compliance with the special exception. Mayer Suarez: I would say, if they don't pay the thousand when it's due, that the entire five thousand is due and owning, we accelerate the obligation, right than and there. Commissioner Alonso: OK. Vice Mayor Plummer: We11, we need a covenant running with the land to that agreement. Mayor Suarez: All right. Mr. Olmedillo: And we can... Mayor Suarez: $ecause I am afraid of them selling the property, and then... Mr. Olmedillo: Mr. Mayor,. or Mr. Vice Mayor, you can apply it as conditions, because being... I'll defer it to the law department. Being a special exception, can they change the conditions? Ms. Maers What I was going to explain is that, the reason that they are here today, is the required review that you imposed on the special exception, Now that they are back here, you. have an opportunity to say, you don't want them to come back again for another review. You want to continue the same conditions, you want to add more conditions, or you want... or/and you want to see them back here again at a specific period of time. Mayor Suarez: Well, we want to add the condition. I think the Commission is in agreement that: if the next payment isn't due on time, the entire amount is due. Ms. Meer: That will be in the covenant that I understand we-are also going to get. So we can have it in both. Mayors Suarezs OK. And as far as the review, we may as well have a review ?_. ~~ .around the .time of .the next payment. Ms. ;Maers OK. For am annual review then? '~ ., G ., Mr. Rodriguez: What we might do if you don't mind is, if they don't pay it by he~time ahis'.item is to be scheduled, the amount that is required, that this .: will be scheduled automatically. i ~~~ Commissioner Dawkinse No, we revoke the permit. That's all. ~, ~~'~ . Vice Mai or Plummer: And<their enalt is one "lechon" and two " Y P Y pans. Please cut the hedges. ii . . Mayor Suarez: OK. Is it sufficiently clear what we want in the covenant at ~ ' ~' ~. ~ this point, or do you•need a motion, or what do you need? ; , ~ ~~.. ~ ' ~ 4 Ms. Maers What we need to have I believe, is a motion, because this was a required review." t -` Mayer Suarez: OK. You want us to state more. or less, what we said in a ~~ -~` motioa s3o'we can go_ahead and pass it, and get on with other items? ! ~3 ,, ~`~~ Ms. Maers. A resnlutoa lguess, approving the special exceptioa, or approving ~zr., ~ the annual revi.~w of the special exception, with the additional conditioA of a ~ :: N: ~ ... covenant for tho remaining three. thousaad dollars ($3,000) to be paid at' the '_ ~~ rate og oz~e thousand dollars ($1,000) a year, with an acceleration clause in 41 ~4:~~ ~ the event, that the same becomes delinquent at the time it becomes delinquent, ` f. : i '` ~;: ~ ~ And further review by this Comaas~ion -when? ~$ :' ,a'}. Mayer &uar~-r s A year from snow. ~ # ~ - ~ ,: i~a. Meer: Oae year.-from naw, So+ ~~ will ba, if its- ~r ycu want ts~` Ica i,t'' _ ` ~ ~y~_ amywaq? 'ypu w~tut them to cta~n4 back tQ •yau each ye$r, or only cif' th"ey ar~+ , . ~Ai~il~tiOAt3 ' - - ~ ~~~. it~4 M~r~n ~$~ l9Qi ~: : te ,~' k r , . ~ ~ ~ .~ _ ~ r ~r ~'~ _ ;~, Mr: Rodriguez: At anytime that the payment is not fulfilled. Mayor Suarez: A11 right. OK: ' Vice Mayor Plurt>iiser: Put I want to know about the "bankers, etld the trees, and... Commissioner riawkins: ... and the flags. i Mayor Suarezs Would you check all that out without necessarily putting this part of the Motion: A11 of that is part of our monitoring effort. Or do you ' want it as part of our motion? ' Mr. 0lmedillos You can appoint Commissioner Plummer. Commissioner Alonso: We will assign one Commissioner. Commissioner Plummer to go and check the property. Ms. Maer: Those conditions remain. Unless you delete those conditions, all those conditions remain. Mayor Suarez: Yes, and Commissioner Dawkins is a committee of one to check it all out as he suggested. Right? i' Vice Mayor Plummer: Yes. Mayor Suarez: OK. We have a motion and... ` Vice Mayor Plummer: He steps in that store, they will make "picadillo" out of x, him, .don't worry. r' Mayor Suarez: All right, that is close enough to a motion.. Do we have a second? Vice Mayor Plummer: Second, or did I make the motion? I'm sorry, I made the emotion. -Mayor Suarez: You are the best moveant around here. Do we have a second - yes. ~,;,, ~,. n. Commissioner Alonso: Yes. ~{~, : Mayor Suarezs. Thank you. Is -this not a:. ordinance, ie it? Just a ,. ~ resolution. ;~.,: ,~ ~}`` ~~ Mr. Rodriguez: Resolution. ~~ : ' s, ' Ms. Maers No,.this is a resolution. ~~.;' e: Mayor Suarez: All right. We have a motion and a second. Any discussion? If not, '.please ca~.3. the roll. ~`L ~, . - 1 ~,,- ~, ~a ' _ t ~_ _ - ~ ~I: ~1_ ~~ _ r }"i .'l ~ - 4Y~ _ _ _' ~:-_ ' { _ . #.~ n~ ~#.y ~r,.F -._ _ ~. -~; - ?i : 1a~ Mar~b :~~, ~99~ 1 -mot ; ~ - , W ~ ~ - ~ _ -- -~ -; y s 6 ;r The following reaolution was introduced by Vice Mayor Plummer, who moved ite adoption: RESOLUTION N0. 91249 A RESOLUTION REAPPROVING THE SPECIAL EXCEPTION GRANTEb BY RESOLUTION NO. 89-414, ADOPTED APRIL 27, 1989, FROM ORDINANCE N0. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2, TO PERMIT THE EXISTING OFFSITE PARKING FOR THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY FOR THE PROPERTY LOCATED AT 1681 SOUTHWEST 23RD STREET (MORE PARTICULARLY DESCRIBED HEREIN) IN CONJUNCTION WITH EL MILAGRO MARKET, LOCATED AT 2289 SOUTHWEST 17TH AVENUE; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE-AND TWO-FAMILY), SAID REAPPROVAL BEING SUBJECT TO APPLICANT'S CONTINUING COMPLIANCE WITH THE CONDITIONS SPECIFIED IN SECTION 2 OF RESOLUTION N0. 89-414; AND FURTHER SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS: (A) AN EXECUTED COVENANT SHALL BE RECORDED, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, REQUIRING THAT THE $3,000 BALANCE OF THE $5,000 CONTRIBUTION BY APPLICANT, MS. JOAQUINA CONCEPCION, BE PAID AT THE RATE OF $1,000 PER YEAR AS SET FORTH HEREIN; (B) THAT AT ANY TIME APPLICANT IS DELINQUENT IN MAKING A PAYMENT: (1) THE SPECIAL EXCEPTION SHALL BE BROUGHT BACK TO THIS COMMISSION FOR REVIEW TO ASSURE CONTINUING COMPLIANCE WITH ALL OF THE CONDITIONS SET FORTH HEREIN AND AS SET FORTH IN RESOLUTION N0. 89-414, (2) THE ENTIRE BALANCE OF THE .PAYMENTS SHALL ACCELERATE AND BECOME DUE AND OWING AS OF THE DUE DATE OF THE DELINQUENT PAYMENT; AND (C) THE APPOINTMENT OF COMMISSIONER MILLER J. DAWKINS AS A COMMITTEE OF ONE TO INSPECT THE EXISTING VIOLATIONS SET FORTH IN THE INSPECTION REPORT DATED MARCH 15, 1991 AND PRESENTED AT THE CITY COMMISSION MEETING THIS DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.), ;- ~~ Upon being seconded by Commissioner Alonso, the resolution was passed ~; and adopted by the following vote: r - ~ _ 'i - ^ ' AYES:- Commissioner,Victor De Yurre 5 .~ Commissioner Miller J. .Dawkins Commissioner Miriam Alonso Vice ,Mayor J. L. Plummer, Jr. .; Mayor Xavier L. .Suarez ' F. ., NOES : None . - ABSENT c . _ None . _ - CQMM~S.:MADE AFTER `ROLL CALL: ,:: Mayor. .Suarez: Don't be selling that property without paying the rest of those three; thcusaz~d .dollars ($3,000). We get this recorded, it will be. at- obl#gaxion of the new,buyer. ' ~ Mr. •.Maex: Mr. .Mayor.' Excuse me, before they .leave, can we get a time ~ ~ ~ conunl,tment; by when the covenant would be ®xecuted. , ~ .. ~ Vice Mayor Piummer~ Thirty days.. • r ,.; Mayor Suta~e.~t ;Xsa.,. j ; ' t' •:+ _ _ ~,~ Ma. ~lasr: Thank you, 4, r- . _, ,~ .:.. k~ayor Suarez: ~;d l.f you esl.l- ~.a the ~exx ~hix~ty' days. , , _ :, Mr: 9lmedil~at `R'hey agrsedl _: ~, t 15i 3~+~r~h' ~B, ,~9~1 4~`'~ _ ~, l~} 1 j ~~ •- .1:CF ~~l ~ - - - - •- ,,, Conunissioner Alonsos And that's what I heard. thousand dollars, we are going to do something drastic. I wouldn't say anything, because you haven't been sworn in. Unless you want nay soraethin~ that is not related to the actual zoning aspect of this. Mayor 3uarez3 .., and that person doesh't know that they owe us three Mr. Felipe ~. de Leon: No, who will write the affidavit? -The City, or...? Mayor Suarez: The covenant. Mr. de Leon: The covenant, who will write? Ms,-Meer: I didn't hear what you said. Vice Mayor Plummer: Whb will write the covenant? -them? Ms, Maer: I have a form covenant here. Mayor Suarez: We will give you a worm covenant. Ms.' Maer: If -we fill in some blanks, I'll be able to get it to him. But I need. an .address and a contact person from him. Vice Mayor Plummere You've got it on the agenda. Ma. Maer: -That would be the appropriate person? - OK. Mayor Suarezs We only charge you a couple thousand dollars for the drafting of that . NOTE FOR THE RECORD: At this point, Agenda items PZ- 9, PZ-10 and PZ-11 were deferred. _ i `: - ~~ ~ ~ ---- 31. :~(A)~ ''DISCUSS.`-AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED SECOND ~ ' READING ,ORDINANCE AMENDING.. 11000, WHICH WOULD CHANGE `(AMONG 5 . r ~ '=OTHER' THINGS) PROHIBITION AGAINST HOUSEBOATS TO HOUSEBARGES, ` . ESTABLISH DENSITY CAPS AND CLARIFY USES; SIMPLIFY REQUIREMENTS; REQUIRE CLASS,I -SPECIAL PERMIT FOR EMERGENCY`VEHICLE ACCESS;" , ~. "CLARIFY LANGUAGE 'REGARDING `ZONING DISTRICT BOUNDARIES; SIMPLIFY ~~ HOME OCCUPATION LANGUAGE, .etc. (Applicant: Planning, $uilding & Zoning Dept:) (See label 38). ~'',~: (B) MAYOR SUAREZ URGES CITY. ATTORNEY. TO SIMPLIFY PROCEDURE WHEREBY ~. ORDINANCES ARE READ OUT LOUD BY TITLE. ~;~ ..,. Mayor _.Suarezt 1'Z-I2. ~ ~ h: ' Mr. 0lmedillos PZ-12 is second reading amendment of the zoning ordinance ~~ ~ . 110QQ. `Mr._.Mayox Commissioners, what we are trying to'do.is make the°<zoning , : ~_ ordinance-consistent. with :the comprehensive plan_amendmenta t#at we ranin.: 'Y ~ •' Vice Mayor Plummer: All right, I've got one obfection here, and it's to f. ~ ti aecti.on -9i7, . ` ~. ''~ ~ Commiasioner~Alonso: Yes; ~ : ' ~ ~,,., ~~ _s ;,. Yioe~Mayor Flum~er: You have changed the language on that. }~ ~~ ' ` Mr. <' Oi~nedi~lio~ I ~spo3ce to Mr, Seacow eax~li.er, T px~iained to him that the ~ ~ ;,' ` saation x#at he was referring to, tfimt we were going ~o xry tQ'add, i~ alrerady ` ~ ~#~r~ ~~~3' °~eG~,igA 90~. l,° ~o them is no need to 'edd `it becauso it was already ~,~ ~ o~~~~:~-~~~~~~~4~.n~, 'mnQ i~=~ qc~~t adopt tk~is pu'' ~eBOn~ rsadi~r~~, t#er~~~ahouldn~t b±~ ': ~ dug' pr~~~~-w~ ~'~ A ~, :~ a ~ ;~~; -~ . ~~~ _ M~~a~ a~ ~~~~ =j~ ~ v s.~r_, y _ . ~ .. 1= ,_ 't == he ~w ~. f a r '~'1 ~_ ,~ ,.. _ ~- _ ~; f ~; ~ ~; ,, f. ~~ ~, 1 Mr. ~tddrigt:at: And Y did talk to... E_ ,. Vioe Mayor Plummer: So his ob~ect.oa then is removed? }; - Mr. Rodriguez: Might, is moot... t, # Vide Mayor Plummer: Is mute? i;1 ~, " Mr. Rodriguez: Moot. F ~ ;, Mr. blmedillo: His ob3ectionis not a small objection. ~` Vice Mayer Plummer: OtC. Move item 12. Mayor Suarez: Moved. }. ;. ~ommiz3sioner Dawkins: Second. zi M !-j ' ayor Suarez: Seconded. Mr. Olmedillo. '~ ,;. ~~ Mr. Olmedillo: Yes, Mr. Mayor. Just a couple of comments. We've received ~~? from the Brickell Area Association, a letter which is in your package. It's +', in:pa$es 7B through 7V and they recommend a series of changes to you. We are ~' in basic agreement... .,. Mayor Suarez: Which Area Association? !:4 Mr..Olmedillo: Brickell Area Association. ;, Mayor'Suarez: OK. You are in agreement? Mr. Olmedillo:"- Basically in agreement, except for a provision that says, that the uses,. commercial uses are, as for C-1 district, which is a commercial district, and_if~'the-Brickell..Area.Association is here, we would like to hear from them.. t'i _ Vice Mayor Plummer: Is this on item 12? ~ s' ~ f; ~~- Mr. Olmedillo: That is on item 12. They... ~,j, ~~~- :~, ; Vice Mayor Plummer: Well, I withdraw my motion at this time. "_ ~ Mr. Olmedillos The letters... ., _ ~+ ~ „. Mayor Suarez:" 0K. Is anyone here on behalf of the Brickell Area Association? '~- ;'- Is anyone here on PZ-12? Swear in .the witness Madam City Clerk. - ~ M® Matt Hirai. I m sorr y ~ y, Mr. Mayor? . , , 1- ,: Mayor Suarez: Would you swear her in. ~ ~ ,`- 4;: . ~~` - Ms. Hirai:: ,Yes. ' ~. ~~ - ~., AT,~ THIB -POINT THE -CITY CLERIC ADMINISTERI3D REQUIRED OATH UNDER. ORDINANCE N0. Y .v ~ '. 1Q5ii:.TO THOSE^PERSONS GIVING TESTIMONY='ON ZONING'~ISSUES r, '- Mayor .Suarez: Shoot. Tell us about 'the Association's request which have `~' ~,',,_; ~ , alreadq.? shown -to be basicall~-~'accsptable except on one point I believe ~ -~r~ - , Gui.~.lsrmo, you were saying. ~: : ,:, . , ~,:. Mr, Olmedillo: The opening up the retail uses as for C-l district, which ia`a ,~ ~ ,~~: nt" Il;ttie'Fliberai we faei, but tk~e Brickell Area Association feels that the C-1 , ; ~~. di$txict :should be the ones included in that area , . . ~ ~~ ~" ~ Mayor Sua~rezc OK, And that maybe vice Mayor >'lusmner, miEht or may eot agree + i. _ ~i~h-.l.t;;t4~~~he~point that he alrnadyhas'withdrawa his motion. So-.you ought ~ . ~ ~- ,,-- - t ,- tQ:addresss that and any other coccarns he may have... ~ r ' ~ -. ~ f=~ V~ctA -t~#t~o~ 1:.glummcr; ~ Well;" let ma es3k 'phis ~ c~uaation. How much do Lhei { ,- ~ -~-~ -~ Y~ ~ ~~ca,~maadatl~na, ~.~ thasae that. you agre® with alter thus to the extent ghat it ~ ;~ ~~~- ~~ul~ APL ~Et ~h+o' A~CO~~~xy ~1' a zeheari~tg, ~' _ ~ "~:_ r{ ~ ~ =~ _ " ~` ~ 1~~ ~sar~h ~~~ 1'~~'~ T ~= _ ~~ ~, ~ .~ .: _ ~ ~. _~ I Mr. Oimediiio: I would defer that to the... i 'Vice Mayor Plummer: Is it a material change? Mr. Ol~nedillo: I would defer that to the lam department. The letter ie on '., - record in the package. ti'. Vice Mayor Plummer: We11, I don't care who answers it. Is it a material change, or not? Mr: 0lmedillo: It's a legal question, sir. Mr. Joel Maxwell: I don't know what the proposed change is, air. Vice Mayor Plummer: Well, suppose they surrender a letter, right? ~. Mr. Ma~we11: But it's a material that you've got... ~~ ~ Vice Mayor Plummer: Because if it is a substantial change, then let's don't ~~ even worry about it now, let's send it on back. Mr. Maxwell: It's a material change if it is requesting something that the .applicant cannot do unless the change is made. ~ Vice Mayor Plummer: So that answers it, that it is a material change. . Mayor- Suarez: Yes, by that definition, almost everything is a material change. Q Vice Mayor Plummer: No. Not as presented. Mr...Maxwell: No, air,. it isn't. ' - Mayor Suarez: Otherwise, it is dust a wording change... Mr: :Maxwell: That's correct., „ Mayor Suarez: ... or typographical change, or something. ~- e " , _" a.,;"`, Mr.; Maxwell: Non-substantial changes. a;`" e' Mayor Suarez:. OK. ~ ~:! ~J-' Mr._Maxwell: But if it is in fact, granting a right that they don't have at ~,' ~; thus time, it's a material change. - '- , a~` ,' F=: ~ , Mayor"Suarezs I guess we meant, is it a substantial change? ~, . ~, ' ` Vice~Mayor:Plummer: The°real question I am getting, is it legally before us, ' or: do -we-send it "back? " ,. ~{ Mr. " Maxwell: ;Well, 'that's the same .question, sir. If in fact it is... if they are requesting something on second reading, and that's what this is here, that =. they. don't:<have: the right' o do,.unless it is approved. now. That's a <<; mate~~.al change, and would have to be sent back through the PAB procese,'first ° reading,. and back to you. ~y-~. Vice Mayor Plummer: Well,' I think that's the case. . , ::`` Ms Hirais Mx Mayor, ,, ; ,x ~' Mayor=~~uaraz s " Yes, ; ma' ~mi. ~. s~' ` _ Ma, ~-Hirai: _ W~ read.. to~, ~w~ar" her . in . €. ~ . , ~ ~~': ,~ , Mayoc 13uaraz: Psaaa,:awear.i~=tha,.: Me,"Lewis. !-_ ,, ~;or ~~':~ AT. 'THIS P~It~ TkT~ C~~' ~I,~`.. A~I~~I~~~l~, ~QU~tiED O~~~i UAtI)~A :.pRD~N~J~$ bTQ ,, ` '`;; ; 10,E i i '~,T©~ ~#~Ofi~ F$R60N6 GIV3A~+G ~~STI~JONY, Q~1 ~Q~TIbTG SSU$S, , ~ ~. ~r __ ~~, ,. ~'' " ~~~ ~~# ha~'~3~ ~~~ 1~'~~ ~ ~:7 ~ ~ry __ __ ~> ;.. Ms. Lynn Lewis: Mayor and members of the Commission, my name is Lynn Lewis, my address is 1101 $rickell Avenue+ I am here on behalf of the grickell Area Association, which it seems has written a letter requesting certain, what we deem to be, minor clarifications to the text of those two sections of the coning ordinance which affect our district. I have dust walked in, so perhaps, if you would indulge me to bring me up to speed what the question is, I can tell you what our association would,., would like to have this Commission do today on second reading. Mr. Rodriguez: I'm sorry, I didn't hear the last part. Commissioner Alonso: She wants you to tell her. Mr. Olmedillo: The Brickell Association would like what? Ms. Lewis: I've dust walked in, and understand that there maybe a question... Mayor Suarez: Thirty-two minutes after the item was scheduled, counselor. If you were in court, you would have been fined, or maybe, not an opportunity to speak at all, but we like you, so tell us exactly what it is you want. Ms. Lewis: We have requested that there be adopted at second reading of the ordinance, certain minor changes to two sections, 605 which relates to SD-5, and section 607 which relates to the SD-7 districts. - Mayor Suarez: OK. That's all for the record presumably, because we have no idea what any of that means. So tell us, in the closest thing to English, that you could possibly tell us what it all means. Ms. Lewis: OK. But in the closest thing to English, we have requested that with regard to those two sections of the text which relate to what types of - exterior alterations to structures in the two districts, need to go before the Planning Department, and receive a class two permit. We have requested that only permanent signs as opposed to non-described, or non-limited signs. Mayor, ,Suarez: All right. How about that issue which doesn't seem like the most. earthahattering-issue in the history of zoning on Brickell, or anywhere ' else in the world? ,' Mr. Rodriguez: On-that particular issue, we don't have a problem. ~. ~: _Mayor Suarez: All right,-how about...? ~ Mr. Rodriguez: But let me try to coach you through this if _I can, a little ;, F bft. _. Mayor Suarez;, Anything you can do to coach us through this quickly, would be most appreciated.' Mr.:_ Rodriguez:. If any.of<the changes that the are y proposing will delay the ~ reading of the ordinance, I suggest that maybe, those proposals, you might dirept: us •to bring it.~back in the future, so that it will not jeopardize approving ..the: rest of the. ordinance... - Mayor Suarezr.On second reading? ~, Mr;~.Rodriguez:. :,. because we have a deadline to meet-with this ordinance established bq Florida -laws: q ~, Ma or Suarez: OK. Y We could pass for example, a resolution in principle, t ~ suppor ~img. that 'particular-change that .she wants, but.for a further.. . ,~ Mr..R9driSuezs Future :.hearings. ~ ^ .. ~ , :. Mayor Suarez:. .,. reac~~ng, set of readings sf the ordinance ~ b amen y dma~t. ~- ~'- '~. Mr. Rodri uazi As a seiparate ordinaaos, yes. ~ ,; a- ,, ,~~:., ~ l4syor &uarez: Anything else that w~ cam maybe try.~p clo today without making ` ,~:. „r . : ~ t~~~; ~,ut4 a f~x~t -xeading? ,. r~ • . ~' ~ , -fir.,, ~~:; . X55 - •. Marsh 2~, 191 ~` s, ~-; : ~- -~. ~- a:: ~'a ' -= - _~ G .,' ~ - - ~ -- 3'i { ~ .. :;.. tI i j Ma. Lewfs: Without trying to make this into a first reading, ore hake also requested that certain... that there be eliminated from the Sb~S district, prc~hibitinn to have direct access off of ma3or streets, from the streets to " financial institutions. ~`he SD-7 district does not have such a blanket prohibition. We believe that the comprehensive neighborhood plan, and the downtown master plan, all orient this district towards financial institutions and banks+ Mayor Suarezt one hundred an Mr. Rodriguez: Mayor Suarezs complexity. ..7 Mr. Rodriguez: Mayor Suarez: I certainly felt that way when I looked over there and I saw d twenty-five banks. - We agree. Why do we have the difference? Why the confusion, the We will agree to that. All right, can we do that todayl Mr. Olmedillo: Yes, it's on the record. It's on the record as part of your package, Mayor Suarez: A11 right, no problem there. OK, back to the motion then. No? Back to the motion Mr. Vice Mayor. You want to restate the motion then? { i ,t 5 your motion to approve the item, we are going to make... _ Vice Mayor Plummer: Motion is in order, and the Planning Department has no serious ob3ections. I'll move it. Mayor Suarez: So moved. Somebody second please. r. ~" Commissioner Alonsos. Yes, I do. f' Mayor Suarez:. Commissioner Alonso seconds. Would the clarification... that point doesn't need to be clarified, because you already put it into the record -in our supporting documents? - on the access to the banking facilities? ` Mr. Olmedillo: Yes. That particular issue is in the packet. The language 'is there. It ;:was approved by PAB (Planning Advisory Board). Mr. Rodriguez: "Yes, that's what he wants. " ~ 5" MayorSuarez: 'All right.~ Fine, it's already in there. Anyone else on PZ-12? Counselor," the other one we are going to try to take up at a later ~ modificatian.of the ordinance. I- don't think you need a motion. It sounds lik o n . e s methi g that we would very much like to do, we dust don't want to make ~~ this,,.into,a.first reading, so. OK. Moved and Second. Read the ordinance. Commissions#r Alont3o:. No, .no. ;- - Mayor Suarezs I'm sorry.. ,. ~ AT.;THI3 POINT,~THE CITY ATTORNEY READ THE PROPOSED ORDINANCE INTO ~°" ~" THE PUBLIC RECORD BY'TITLE ONLY.' _.., # Mayor 3u~arezs~ Ca11 the .roll..: ~: , . Commissioner Alonsos No. It3.. . ~~ , Mayor Suarezs Comugissionex Alonso. ~;- ,. ' ' Cam~n~.ss.~oaer Alonsos I'd like to introduce some changes, at:d I also have one ,; question, Some GhaA~Ba in set backs that I'll like to introduce, and I a1sQ have tw guaQtic~n. I lcaow .that, the live-~baard, and houaebargea.. it yv~.li tie -~ "~- , ," " ~: ~ klr, ~lmedilio: Nit~ek.aen. r _ - ` 1~~a~~.s:t:~~' ~1Q~sQa :., , . hit~eteen, but ~.s it aP~et:ted by, th~s~ ~~r~+e too? - ,~ r ~~ ,, ~ ' ~„ ° , : ; ; y ~ ;. - a. ~ C j p 9 : = ~ -- ~; _.: '. g l i 1 S Mr. Olmediilo~ The only thing that we ere doing with this 11004 a>nendmei~t, ~ will be to open up the live-aboard as a passibility to be used. night row we ~ say, all live-aboarda are 'banned. Right now what we- are saying is, only the houaebarges are banned in 11000. Now on item 19, you are going to visit the entire issue as a whole. Gbtnmissioner Alonaos So aver though it's mentioned here, it viii not affect, and we can take Care of that in PZ-19? Mr. Olmedilio: It will affect it in the sense that you may have live-aboarda in the City. Right now, by more a mistake, and I will accept it on the record as a mistake, the five-aboards were banned from i;he City. Mayor Suarez: So it is conducive to a determination of PZ-19 that we will allow live-aboards in some...? Mr. Olmedillo: Right. It follows the same trend of thought. .. I Mayor Suarez: So it's helpful towards that? All right. i Mr. Rodriguez: PZ-19 might liberalize more, even this amendment. Mayor Suarez: And it is allowed by this? It's not precluded by this? Mr. Rodriguez: And it is allowed by this, even when this... if passed like this now,. is more permissive than what we have at present. ' t `a Mayor Suarez: OK, I think that solves the Commissioner's concern. How about the modification you want to...? Commissioner Alonso: Yes. Where it Comes to rear set back in R-3, it reads 20 feet; T would like that changed to 10 feet, except when abutting R-2 or R-1` district. in which case it will be 20 feet. Vice Mayor Plummer: What is it presently? Mr. Olmedillo: Right now, it is 20 feet. ~; Mayor Suarez: Wait a minute. Sir, sir... Liestenant, would you suggest to ~; the-gentleman that if he wants to have a converation, he can do that outside? ~ -' Vice,Magor Plummer: R-3 is multifamily? commissioner-Alonso: Yes. .', Mr: Olmedillo: That is correct, sir. _ ,: Commissioner Alonso: Medium den ity,.residential.:, right? x. E: Vice Meyor`Plummer: Yes. -=But my question ie, what would be` achieved by reducing it from twentq to ten? Comtnisaione~ Alonso: Allowing that the number of units. that can be built %~ right now, will remain. The other way, it will be impossible. According to ~, the di~tzibutioa<in:the lot sizes, it will reduce the .number of units. ` Vice Mayor Plummets It-would; reduce by virtue of the transition. from 95 to .~ 11 ? Commissioner Alonso: Yest because we Ore changing the number of feet. '~ +:= Vlce Mayor Plummer: .., Or it will be reduced -the number of units that can .~ b4 placed? > ,~ „ , -;; `- M~. Olmedii,lo: No. What i think what the CQmmiss$ioner.,. excu~~ me, Mr: Vice { ~". Mayor,, to see if I can explain that; I think the GQmmissionex~ is conceraad s_t ~ ~ that the 20 foot set back in the rear- will separate the building, az-d the ,~ ,~ . s> "~ f~atprint ~a;~ the bui~di~tg 'has ts- be amali.ar, if xhe footprint s~f th$ buildi_hq ~'J. i~ smaller, the tendency, eep~cially in the a~maller lets, is that ycu are ~~ ~uir~~ ~~ eu~t up with fewer unite, ,Tusi~ by ..the f apt that ys~u are co~:3tra~.aed ; ';. j - 'S' `'- - .159 M~tr~h '~~, ~49i ~a .. .t ~~ ~ ct~.~ .~ ~t 1 ~':. ~. 1'..' L .. ~ Commissioner Alonso: Set back in the back of the property. Vioe Mayor Plummets No, I'm asking, to what advantage is that to the people _ that live in the areal is that to the advantage of the people, or the deveioper7 Commissioner Alonso: iJeli, I would say, both. i Mayor Suarezs But more the owner of the property in question. - Commissioner Alonso: The owner will be able to build more, but therefore, we grill guarantee that people will come and make investments first of a11. Second to that, that we will continue to have more affordable units, because we will have people coming into the area and building new facilities. ' Mayor Suarez: I agree with the thrust of your... Commissioner Alonso: Otherwise, we might have old structures that will remain '4 in the property, and people will maintain it, subdivide it in, who knows, how -~~. ~ many pieces. s f ~` Mayor Suarez: Right. I agree with the trust of your proposal. What I want - to know now, in addition to whatever Vice Mayor Plummet's question is directed at is, does this now put us back again at first reading? '. ~ Mr. Joel Maxwell: No si , r, that would not. That would be making the ordinance leas restrictive than it is right now. Mayor Suarez: Could it be considered to be in any way, procedurally unfair, that we have not alerted the world to this possible...? Mr. Maxwell: No. Because what you are doing is, you are actually making it less restrictive. Mayor Suarez: `Leas restrictive. Mr. `:Maxwell: There have been notice that it would be 20 feet. You .are ~' reducing it to 10. They are not harmed in any way. Mayor Suarez: All right. ,;`, -; Vice Mayor Plummer: Let me hear the Planning Department's recommendations. ry "~ Mayor Suarez: On that point? ~~~ ~ Vice Mayor Plummer:-_On that .point, yes. - .~~, ~ .: Mr.•:: Rodriguez: ~ - Specific' on this: issue, I wily. have a concern if :you were immediately adjacent to single family and duplex, and the distance was 10 ,::_~ feat, abut:-.the: 'f act,:that when:.the'•amendment keeps the distance of 20 feet from single family and duplex, I don't have any problem with that. W`' ~ ~~ ~t:~ Vice Mayor Plummer: .Thank.-you.. -~~ ~_ Commissioner. Alonso:., OK. ~; Mayor Suares~s UK. So we have... ~, Mr. Maxwelle' Mr. Mayor. - ,, . , ;:, '~ Mayor Suarezs ... in effect, a favorable recommendation. ~'"` ~` Ma. Sheila Andarsonc Sheila Anderson, on behalf of the Builders Associatiott. A? ,~ Z am :.registered as a iobbyisat .l am not being:: compensated. We agree?~rith ~`~ Cpmml.ssioner Alonso that ~t would help bring some people into the Oily to look ,~t;thp small and-marrow lots i~ they hav$-some flexibility. . ~ , ; Mayor Suarez, QK. We are on the same wave length then? _., ~~ .....: Ms, A3nd+pxaon, Yes. ~a~ -r_ ~.~ ;_. - .' e _ ~o~nlealonar A3.on~ao: Thank ys~u. Alen, . . ^~.. - - - i ~ - P'' -. ~;i :: i ;, i Mayor Suarez: A11 right, you want to make that into a form of a sub motion? Mayor. Suarest: ... yes, I have so~:e other small things that I will like to '; ~ntrodiice too. Off-Street visitors parking in R~3 where it says, "one space for every ten units, or portion thereof," I'd like that striked from the... Mayor Suarez: For every ten units. Commissioner Alonso: "Or portion thereof." Mr. Rodriguez: You are referring only to the, "portion thereof"? Commissioner Alonso: Yes. Leave the one space for every ten units. Mr. blmedilio: One per every ten units? Commissioner Alonso: One, yes, Vice Mayor Plummer: All right, answer this for me. What happens if there is eleven units? Mr. Olmedillo: You still have one space. You've got to have twenty. Vice Mayor Plummer: What happens there is nineteen? ~' „i Mr. Olmedillos Still have one. You've got to have twenty... ~ Vice Mayor Plummer: That's where you are going to get into trouble. Mayor Suarez: If it said... if the wording was, one space for every ten units,-or portion thereof, the change is probably a good change, because that is the world's worst wording that I have heard. What I think the Commissioner was trying.: to do, is say, from one to ten, one parking space; from ten to nineteen, still one, and then at twenty, it picks up at two. Mr. Olmedillo: It's eleven to nineteen. Vice Mayor Plummer: ,I,can accept ,that, yes. r Mayor,,.Suarez: Yes, that's what she was trying to do. - Commissioner Alonso: That's.,what y.t does. t;, . - ,, Mayor~:Suarez: But.-that wording: was awful in the first- place.,. so whatever.; it ~.~ :-., . is, that should be :the wording., ,~,;; vice Mayor Plummer: That's not why I asked. What he said... t-..: . . - ~_' . Commissioner Alonso:. Because that's the way you. have it. ,,_, . Mayor Suarezr We11, portion thereof, I mean, thereof what? , ;. r , Vice. Mayor Plumroex:That was note his answer. If he had nineteen .units,: it , only-still aeeded.one-.parkng apace. f;_ ,. -' Mayor $uarezs Right. Ten ornineteen, it's.. still. one. At twenty, it picks '` '' ~` up with two. That's what she is trying to say. ' - , A. , ~, Mr. Olmedillos That's what the .Commissioner is saying. ~- ~ ~~ . ~ Mr. Rodriguez: That's right. `That's what she is,.. - . ,~ 4=<-: ` ' ~ ~;:~ Commissioner Alonso: Yes. It's ~uat,.. you have to delete that port~.on of... '~~ ~` - _.. Vice Mayox Plummars No,:no, ~o. Excuse me. Wait a minute now.. Let's doa~'t 1. ' g~.sy aumb~ra, excegt ~n the ~,otte~y ,.. :: _ Mago~,;° ~1lA~sZ::i, Q~s to tai. ',. ;; - ,. _ y ~~~~, t~ayQ~' ~~u~tuar~ ~?~Q, tS~ tE+~, . , ~ -` a ;~ ~, ~,t: ~~ , i; . , ~ ,. v i. .. -. ~.':' -.. Mayor Suarez: Definiteiy one. Vice Mayor Plummer: ::, if you have one unit, you've still got to provide ot~e parking space, r Gommiesioner Alonso: .'Yes. :' M~~ blmedillo: But this is visitors. . Vice Mayor Plummer: From ten to nineteen, you've got to provide, two. ~ Mayor Suarez: Eleven to nineteen. ' ., ; 5 Mr, bimedilio: This is visitor's parking. k ~.. 'dice Mayor Plummer: What? Mr. Olmedillo: This is visitor's parking. '` a Commissioner Alonso: Visitor. { Vice Mayor Plummer: Guest parking. Mr. Odioa This is in addition... yes, guest parking. ~, Commissioner Alonso: Yes. Mayor Suarez: Eleven to nineteen under her interpretation, you would provide one: Under your proposal, and perhaps under the existing wording, God knows what it meant, it would have been two. ~- Mr,: Olmedillo: Right. - Mr. ..Rodriguez::, Right. - __ . Mayor Suarez: .Thank you. So it's a policy decision. R Yi r ;, _ - ; ( Vice Mayor_Plummer: Now, let me ask you, because this is always a problem with,;me,._Yau provide guest .parking-- how do you enforce it for guests only? _ Mr. Rodri uez: Well we g , ;get complaints.'... r Vice Mayor Plummer: Is there a penalty? I mean, is there a ticket issued? ,- <,: Mr. Rodriguez:.; If ;there is-a complaint that~it is not being enforced, we-take' _a it o the~:Code Enforcement Board, and we go through the"process and so on. ~r' : - Yea . , Y ~~, Vice Mayor Plummer: Don't talk tome about Code Enforcement . ^. ': Mr. Rodriguez: Well. ,~ ~ .` . ~ ,- - Vics Mayor. Plummer: I~~mean that!s... ~~ k :. ~'E ~ . Mayor Suarez: Well, it's got to be marked. `. - ., V~.Ce ..Mayor Plumm®r: What? ~~ 4 ;<~. r _ _ Mr, Rodriguez: It's marked. s _ ~'~ ~, ., ~ . _ D it h S M ' T~. .~ _ ayor ua ez: r oes ave to be marked? , .. ~F . tS a . - ~~', ; - ~ - - _ Mr, Rodriguez: ~Ohf Sure. T `s - , ' Comm~.ssi~nsx Alaneos Yes, ;~, - " _ ~ Mx, Rodriguez: ::Have to bs clearly identified. "I: ,' , CRQA~iR~.~#~OA~~. ~1~43i1~~RS ., Are you talk~,ng abau~, how is f.t ~~afo~cad? Y ~~ . _ ' - ~, _ ~, i y v - •. 4 . ~-. ~. _ ~. - ~ ~~ ~ ... ! ~ , . i~M ~~~~ ~R~'t.4~~~g ; r r = _ 1 A'% t V ~'t I ' , J 1 _ 4 ~` ~ jIH'~ ~ ~ _ - ~-. ~ _ ~ i . ,:. '~ j 1~ ; '` ~~~'~ _~ '_ 1 ~ ~ommissianer Alonso: What's a problem of the landlord. And furthermore, it ;: ` ' is a problem o~ the rest of the City. I don't think it is a problem that we ~ ` have to be concerned about. Mayor Suarez: Does the ordinance say that it has to be marked, or is that Commissioner Alonso: It has to be marked, and that's all. Mr. Rodriguez: Tt has to be marked. ,r Mayor'Suarex: The ordinance says that? Mrs Rodriguez: We have somewhere in the ordinance, and we follow it, yes. Mayor Suarez: Somewhere, you hope. ~~ Commissioner Alonso: I think it's always done, so somehow, it must be j ~, required. ~j J`` Mr. Rodriguez: I'll tell you this. .Mayor Suarez: I think it's always done, until it's not done, and then we got J.L.'s problem. r. . Mr Rodriguez: We have a complaint, then we go through the Code Enforcement ~i Board, and we go through the process. `` Mayor Suarez: Or if it is marked and not enforced, because .then the Manager } uses it for his own parking, or something. ~. ~: ~ Mr. 'Rodriguez: For somebody else. ' ,Vice Mayor Plummer: To tell me that you are going through Code Enforcement, :tells me nothing. 'Commissioner Alonso: Is that our concern? I don't think so. ~~ Mayor Suarez: It's not going to keep me up at nights. ~l~.. ? ~~: Mr. Rodriguez: Commissioner, I am going to spend one day with you on this ~ issue only:. ~. .~ `~~ Commissioner Alonso: I'll tell you something,-sometimes you get cars blocking ,~ ~_; driveways, -and you call the police, and you cannot even get help on that,` so ,~~ ~. let alone... t~.~;. Mayor Suarez: So we heard about that with the rents, Cushman. ~;;;. Commissioner. Alonso: ... what we do with the visitors parking. ~: ;` , ?': Mayor Suarez: Do you .want to do anything. with this item, other than to express concern on enforcement of the visitor's;.parking, Mr. Vice Mayor, so we ~~,; can act on it?, ~~ ~ti nice Mayor Plummets. Well you know, if in fact it is going to be guest ' ~~ parking, and you don t provide a penalty for those who violate it, then you are not~even.tesliy doing anything. You might as well forget it, don't even r.' `>°; talk about;guest parking, because I guarantee you, if there is not a penalty, ~; ~ ~ ~ ~ ~- v~= Mayor Sua,xezs WQUId it spar qualify as a code violation that could be.subject , ~:' ~'~ 7 ~,o the two hundred and ~i.'~ty dollar ($250) a day fine, or anything ~~.lCe ~ha~C? ~. z, °~ Mr. Rodriguez; I£ .you want to, we .can bring ~ an amendment on that if :that Ali . ~4akea you happy+ . ~y,:l : , ~ ' - ~ : i Vica Mayor Plummer: $omething' to eiths~ ala~~ i~ enfvrcaab~.e, o~c take:- ~.t pit. ~' ~'-., . ~ You ax+a wasting your ~~.ms, ' ~ ~ °= ~ ~~. Rodr~~~exr It is en<fotc~~~~.a ~$aiA at~yti~na ~a find a vivintion Q~ -the ~~ .~~ /~}^~/~ss ~p } a s j {. {tea /~1/~/~ ~!n /~p/,p q ,+ ~p {. p /~ p ky #Ir' ~o ~ikiY WM114~ ~+M~7+'i MM~Ai ~~ ~M~r1ld+ al1~d A~. c~~;d f {thM Y~~.r -QMdM~:. TI.~ 1~N s ~ p r` qa, .. - i S. Ski ~ ^w ^ T~ ,. ].~ '~~NF #; ~~ k- i-;..., ~} ~• -. x~~~ ~~ ,' r r' M ~ Vice Mayor Plummer: And nine months later, they will consider it. Mr. ltodriguex: fihat's not correct. Commissioner bawkins: A visitor violates it, and he ig visiting, what makes .you think he is going to come back for the Code Enforcement hearingfi -and it is a visitor. Mayor Suarez: If it is a visitor violating, it probably won't see him again, Commissioner Dawkins: That's right. Commissioner Alonso: Let's not worry about that. Commissioner Dawkins: Go ahead, Madam Commissioner. Mayor Suarez: But if they haven't marked it, or if they don't obey the marking, and use it... Commissioner Alonso: Thank you. And I have the same request for R-4. Exactly the same. It's .the twenty... Mayor Suarez: On the fractional requirement of visitor parking? ~: Commissioner Alonso: ... to ten feet and... exactly. It's the same wording. ;,~ ,~ j ~ Mayor. Suarez:., OK. Eliminate the fraction thereof, so we go to-the-entire ~ ~ integer. Once you get to twenty, then you need to have .two, once you to thirtq, three, et cetera. Sounds low, I have to kind of be inclined to go mith`J.L. on this, but I guess in the absence of any input from the neighbors , why fight it? Commissioner Dawkins: I'll go with J.L. too, but I ust want to know how ~ you F plan to enforce it. _.I always want more parking. I have no problems with it: ~ Mayor Suarez: Except that.,. she is suggesting that we- take out .the , ,'. ; fractional. , . ': ~.:: . ~~, Vice Mayor Plummer: T agree. ~.~ ` Commissioner Alonso:, We cannot enforce the law, when it comes to a car ' ~, blocking'for .two:days,:_ the entrance in a building.: You- call:, the: Police ' Department;' they. come; they ,.look at you, they-say,' well, we will 'find the _ ,. owner, and they, don't even give a ticket. ~. _ . _ ~; Vice Mayor' Plummer: Not if it's on private property. ~' Commissioner Alonso: Let alone.., sir, it was a private property. ~' Mayor Suarez: They block driveways.- when they block driveways.; ~` Commissioner Alonso:-:A driveway is a private property. ,~ ,~. Vice.Mayor Plummers I don't think that on private property, they. can tow it. i The .owner can have it towed.but~not the police department. _ ~ ~ ~ e ~- Co~ni sioner Alonso: ,Sir, :let ane tell you... _ ,- 7; ~;,. ;: ~ ; Mayor.Suaraz: But if you'. call the-po'li~e.;. ~'- . Commissioner Alonso: ,.';she' case 'I .am 'refezrhng: to was,: half the car was ' - _ b lockiug.,: it was blocb~iug the 'drive-in,.but it was blocking half in.aide '` ~ ,, . property, half City of M~.atai property. And the person was there Por two daps, ~ ~~ ,.; r, , ' -~ ' i~~yox.saaraz: {Sounds like a matter £oz Lieutenant i.vngueira, , ~ ° :~ . _ 'yibs ~l~t~-Qr.1'i.~mmer: Weir, the beat wap to beadle that, is to push : the re~#~ oP ' ~-- ~~ . the car out ~.t~to the road. ~ .~ ~ ~~ ~~.: ~deyQx ~uar~e~s That's 9ne way to do it. ~~~'_' ~Et Mai,. -'4 :~' - ~ t ~: ~ ~~' - ~ q i .~:_ ~ ~ ~':~~ - at 4 ~ - - Y~i 7 9 - „ ~ ~ des ~ ~ ~~X~_- ~ ~~?.~ a~.~- - - 4 ~, ' .. T7 ~ ._`" - ^•~=*4`~ ; ..: , ' - 4f~~,rt ,5,[ ~.., f- - ,. r '` ,~`1es .a=te 1. ~' k _ :.., ..~ ~. Cott~iegioner Alonso: Y'es, that's whet people ao. Mayor Suarez: They used to do that in Hialeah in the old days: Cofntt-issioner Dawkins: Or let the air out of all four tires, either cane you -~" o~~nt to do. ~. CommY.ssitner Alonso: Y'ou see, Hoar you have it. Commissioner Alonso: Now, you have it. __ - _, ~_ Mayor Suarezs OK. On this item, do you have a motion so that we can move. ~ F Commissioner Dawkins:. OK: And one point of information. "; Commissioner Alonso: is that included? Vice Mayor Plummer: Maker accepts the amendment. Mayor Suarez: Maker accepts the amendment. Thank you: ~ Commissioner Alonso: OK: Commissioner Dawkins: All right. Point of information. Mayor Suarez:- Commissioner. Dawkins. Commissioner. Dawkins: Will somebody over there tell me if this is going to be ~~ a constant procedure like we did with 9500, where every time I looked up, we r~ were changing 95007.. Or is this 11000, and this is all of the changes, and I ;- , don't have to go through this again? I need to know that. , '" ;.. - Commissioner Alonso: This one is more complicated. '- ~~ Mr. Rodriguez: Weli, in the past with 9500, we use to come on every meeting of the:;;,,Combission every ,month, with changes. -What we are doing, is bringing , them as a group .every six months. The ordinance is dynamic, you have to ~ change. all: the time•toreflect either mistakes, or changes in development. Or . mutual... f` s s-., Commissioner. Dawkins: M mistakes or Y , your mistakes? ~,1,,, ,. Mr;.; Rodriguez: It's.' not... you know,:I think we are trying to~work and r.' reflect the;; realities~of development, and-the needs of the neighborhoods. '"- ~"' Commissioner Dawkins: ..All right, so don't wait until"the next six months to ~- send me thus, ..Send them to me every month, so that I can look at them. r. .. ,. Mr. Rodriguez: OK. - ~` :. ~.. Commissioner Dawkins: And then when.. you get this,. ~ will .have studied. them already, ,- ? .., . , : Mx.::Rodriguez: Sure, _; } y Commissioner Dawkins: Thank you." ;i Mayor Suarezs Wq haven't sworn. you in. Are you interested in testifying on ' mss. ~ Z-~12?,;.: Wh .won't y_ yau,here whan ws began consideration of'PZ~-12? Look at ~,.; ",_~ ~ Thelma over there. Ail° right;' swearM~, ;ilebber .in, ;- ~ , AT: THIS POINT Tf~ GI'TY CLERK AAMINISTBREA RRQUTRED OATH UNPSR ARDINANCB Np , ., ..THOS M PERSQNS;~iyING TEST~MQNY QN zONiNa ISSUES. -. ;.. ~.:;~ .... , ; °~_ ~ : -~l~yAx~ ~~era~~ " Yot~. did~n"t; thls~k we were gaping to be-,at." xhis. item at this time ~_ ,~,; , did yc~u? Go e~ead, ,~ ~, ,.: ; ..M~xy i~slbb~tc ' .I s~~.dn't. here; you, I'~n $grry. ' ~.. `~ ~4e~-~A.rxEu~r+~~Gt. ,•.~~u. didh.'t :thl.s~k ~v~ wcr® gs~ing ter be this ~unctval. ~~ ahead. :~i << a-~ - {{{i '~ - - t 7i t r r3~ ='Mrr22. f~ - .: Jti - - ~~~! iT~ ~~~~ .' ~ -. -+~~' E y - f L~ -. ., ..._ ~r' ~, Mayor Suarez: SeQ, you mess up because you underestimate us. Ms. Webber: I think my timing wag good: My name is Mary Webber, I live at 300 ~1 I'rado Boulevard in Coconut Grove. I am the president of the Coconut Orbve Civic Club, and after saying good evening to you all, I would like tb ~dquest that the SD-17 portion of this ordinance be taken out for this e~tening's discussion, go that the Planning Department may meet with the Tiger. Tail's... Mayor Suarez: What in the blazes is SD-177 -that we would need a SD-17? Ms. Webber: Well, specifically, article 6, SD special district, section 6b1 through 619, to clarify language and limitations. Regarding the language within this. Mayor Suarez: What is SD-17? Mr. Olmedillo: SD-17 is an overlay district that we have along Bayshore ` Drive, between Tiger Tail and Bayshore Drive here in the Grove. Mayor Suarez: What does it provide other than what the zoning classifications and zoning map would otherwise provide? Mr. Olmedillo: Provides for office and residential uses, basically, with a series of bonuses. The thrust of our intent was to facilitate the residential development instead of the office development, which is the one that is .facilitated by the bonus provisions today. Mayor Suarez: In what area gain? -South Bayshore. Mr. Olmedillo: South Bayshore between Aviation and the Grove Village Center.- Mayor Suarez: You needed an overlay to do that? Mr. Olmedillo: Well, there is an overlay there. Commissioner Alonao: There is one. Mayor Suarez: All right. So what are we changing? ~. Mr. Olmedillo: There is one today. And what we were saying was create ~. incentive for the residential .development to occur. Civic Club is saying, et's hold-it until we can meet. _ Commissioner Alonsos Guillermo, is this in PZ-12, or PZ-18? Mr. 'Olmedillo: 'It's PZ-12. ~s ~, ~~ Commissioner Alonso: PZ-12. fir. ~,;,; Mr. Olmedillo: PZ=12 is section six of the zoning ordinance. ~- s:. ~- :° ;, Mayor'Suarez: You are creating an incentive for residential development of '- [. South.=Bayshore between Aviation and? ~~;~ Mr. Olmedillo: =And the Village Centex. ,Past 27th-Avenue, into Mary.. . . ~' S r ; Mayor ua ez: I thought we had every incentive in the world to do residential ~'~ ~= ~ there. And, hey don~'t~think~~it'egoing to do that, or they don't-think itch a ~~' good :idea? ~., Ms, Webb~er:° I would simply like to request that we pull this from tonight's agenda, eo that the Civic Club and the Tiger Tail Association, and the ' ~x Pianniug-pbpart:asnt may discuss it, and wewill come back to you. _' -~ ~` Mayor<Suare~: 'Well, it-will~hava to be ~t a whole new ordinance. - Thia`:s ~.~_ . second reading. 60 `~ we'-pull i~ ant, it's bys bye, :: 7: "~_' _^- ~ottnais~ioher Alanso~ ~+~n wee clo that- i . y, ~, ~~ ~= ;~~ r <<. ' ~~~~~ ~~, l~Ai y ;,~ f~ S ,. ' - --- f . _ f.. z Mayor Suarez: Just want to tell ycsu that, Y will... doesn't sound try kie like anything that is of dire importance to our. future well being in a city that.,, Ms, Webber: Well the last time that this was voted on, it came up very iate in the evening on that day's agenda... Mayor Suarez: Sure, we were desperate to get first reading done. Ma. Webber: ... and it was not discussed by the Commission. And I think in all fairness to yourselves, as well as to the City at large, it might behoove.. all og us. Mayor Suarez: Well I have no problem pulling it out. Anybody have any problem pulling it out? Mr. Rodriguez: If we pull this section out, then the ordinance .will stay as is, at present. Mayor Suarezs Right. Exactly. It's what always happens when you pull a section out on a new ordinance. Mr. Rodriguez: We are not pulling the section completely out, we are pulling only the amendments out of this set of amendments. Mayor Suarez: Right, you want that amendment out? Nobody objects to that? We could take it out. Commissioner Alonso: Yes. Mr. Rodriguez: I want to make sure that... hold on a second, OK? Mayor Suarez: There is an objection. Now we've got .another. person.to be sworn in. You know, this is just not the way to do this. This- is just not the way to do this. I.don't believe. that this was .something .created by Planning, was it? Commissioner <Alonso: Is this- the same on Article 6, SD-19? That's. a ~` .different... Mr. Olmedillo: SD-17. t Mayor Suarez: S~.ver::•~een. `N` , % ~' Commissioner.Alonso: Seventeen. Article 6. ~~ . ,. .. Mr: Olmedillo: Article 6. ~' Mayor Suarez: This was your-idea to ncentivize residential on South Bayshore between Aviation and .the village? Mr.-Olmedillo:- If I-may explain, the limitation right now is that you have a 1.2 FAR as a base FAR. By a series of parking bonuses, you can takethe'F~A,R. up'to-orne'seven. What happens is that it says, non residential parking. When ..Nit's non residential .parking, it conflicts with the-residential development. _ What we're °saying,-leave•.alone he residential :development,:. to go...up;:;tp 17 - which is what it will do with the bonus provisions, and then make the off ce buildings work out the bonus provisions by providing the parking. ~- '' e ~ Ma or Suar z: I have no idea what y you're talking about. I have absolutely no ~ idea what you're. talking about, ~ ,:, Comm~aeioner Aloneo: Isn't this the one that encourage r~aidsatal ?• construction .rather .than office buildings? ~ ,F r' . Mr. O~s~l~l.las , We feel that way.. ''. .~ T M~. I.uci.a DQUgherty: Mr. Mayor, i£ I c+puJ.d fit, .maybe we could d~Per it to the cf~ ~ ~- afternoon o~c ].stet on `this evening, aid Ws cold disc~t~s with this. . -~_ , ~- :~~ . ~ . Mays~r Suaret~s Xou heve to b~ swQru in. Ms. l~QUghalrty: ~~~t~e~ m~, ~--- ,~_ ~ ~~ ' ~~~~~ '~~~ ~~~x~ Aft _ . - ~ ;.~.. ~. - ~. - _ -:. ~ ' ~. ~-, -.. ... ... _ ~ .. _ ....- _`F. -~-,....--~ ~. -- ;~,, `~ „s ~; ,` Mayor Suarez: Please swear her in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORbINANGE N0, 10511 TO THOSE PERSONS GIVING TESTIMnNY ON BONING ISSUES. Ms. Dougherty: Mr. Mayor, members tlf the commission, perhaps a+e eoul~i defer this until later on this evening, and we could discuss it pith thenn. I cnn tell you that at the present time, this would create a hardship far a client that I have that is about to buy apiece of property relying on this ordinance being passed, Mayor Suarez: On second reading. Ms. Dougherty: We have an office designation. An overlay of SD-17, which provides 1.~2, an overlay of 1.21 in another overlay of SD-19. It is the moat complex zoning .district. This is in methodology. Mayor Suarez: Oh, I agree with that. I've never heard of anything this complex. Ms. Dougherty: This is a methodology... Mayor Suarez: It's bad enough that we have an overlay when we should have nice, simple zoning classifications as we have instructed our Planning Department that we would like to have. And on top of that, it sounds like one of the most complicated overlays I've ever heard. Ms. Mary Webber: Well, not only that but... Ms. Dougherty: Well, the Planning Department has determined an ability and found a mechanism to deal with that in this ordinance amendment, and that is why we` support it and we'd like the opportunity to talk to the Tigertail Association ..and the neighborhood association to convince them of it. And "perhaps if you could defer it until later on this evening, we could do so. Mayor Suarez:. We could table it, I suppose. >~ - ~q, Ms. Webber: If I map, Mr. Mayor... .Mayor 'Suarez: I- hate to be this close to having the ordinance 'passed .'on second'reading'and to have to table and somebody's liable to show up here, and _then'we got to have .more people sworn in and more people express their views ~; 'on something. We can alwags change it. Yes, Mary. Ms. Webbere The pro3ect that Ms. Dougherty is addressing already has tihat '~~ 'bonus.'' It's 'already taken care of. What' I'm addressing is -the. residential } issue,:; and we do not want this to change. {~,:- Mayor`"$usrez:_ You're `saying that she's not. really speaking 'to the "same ,' ' concern that ;you have. -.. Ms. Webber:: Absolutely not. "- Ms, Dougherty: I'm saying to you, I have a piece of property that's zoned f,' office... ~;~ : Ma. Webbers Ik's already got: it. . _ - `a:~, • Ms, Dougherty; No, ;,it doesn't': It; has got a depressed' zoning district bq SA- ;. 19. It's down to 1.12. .. Mayor Suarez: SD~19, ws'rs up to nineteen. +`v ~:~ Ms, ~lebbara OK, " if we aar~ to look at it art that light then, you're ].ooBeing at u=~. o~-a building and one+ gersoz~'a aseds, And I'm looking at the entire area;;' - ' f `'" ! Mayor Su arozs But wa':re l~aoking at the entire ordinance which has msay, many, ~ °: ~an~ _~hang~~ l.n it. xt""~a~~. been ~~~~, . w~ ~sre Already ~sasty ~4 vote ~~ ~~. ` `'~ ,;_ ` ~ Gc3lrttaissiQAOZ' Alanac~ waAtnd t4 introduce ;a ct3Liill.e Slf hez~ concsrnn, end 8l1 ~~ ~ _ `~ ` Pie sFra:~g up with all kinds (>~ al~at~gea. ~h.~s ~s A4t. th-e way ~P Flo '~udd~ -~1 Fed L p 16k March 2~, i~91 ' ~ , iM1 I,, ~ - ~ p. ~ ss. ~, ~~-~'. _ ~i~~ _ -.- _ - - - - - -_ 1 A A Goramissioner Alonso: Did they meet with you? -with Mr. Olmedillo and Mr. ~bdrigue7 about this item? Mr. Olmadiilt~: rye held a meeting at the pAB. The language was different. At the PAS hearing, the board recon~ended on the language that is presently be£i~Ye you. The thrust of the board was also to create the incentive for the residential. One of the members of the Coconut Grove community is present at the Planning Advisory Board, as you know, Tucker Gibbs. And the discussion was lengthy on the issue, and we thought it was understood it was:.. it's right in the record. - Mayor Suarez: So what you were doing to try to create an incentive for residential, the residents are concerned about and they want further clarification and study. If you pull it out, someone who wants to have an office building thinks that they're going to be prejudiced. T mean... Mr. Rodriguez: No, that's not it. Mayor Suarez: You know, if this was a Shakespearean comedy of errors, it couldn't be any more silly than all of this. I mean, you've put us in a great position here, and it's second reading too, which means that any change could make the whole thing into first reading, and really, really frustrate the process. Ms. Webber: Well, in all fairness though to the process and to this amendment.... Mayor Suarez: You passed up on your objections on first reading because it was late and we wanted to get the .first reading done. Ms. Webber: And I think that this really calls for some discussion between- - the City and these organizations. And would request... Mayor Suarez: Well, we can table it for a while, as Lucia is suggesting. Maybe you all will agree. Ms Webber: If we could 3ust put it off until next month. Mayor Suarez: No, table it for a while meaning till a little bit later on t this evening. I presume there's many, many people that would object= if this ordinance was not passed on second reading today, who are expecting it to be passed on.second-reading. Maybe not, I don't know. Conferring over there. ~; What shall we do? Do you want to 3ust defer second reading? ~:' Mr. Rodriguezs No. I recommend that you approve this on second reading. Whether. you want to take this section, the amendments on this .section ..from the ordinance or not, that's a policy decision. E, _ _ Mayor Suarez: -Well, let's do, at least for a-few. minutes, what Lucia 3s ~~' suggestiag=and table it. Commissioner Alonso, all of your-proposals have base _ f` - incorporated into the motion that is before us, and presumably a second, Who `' ' seconded it? She herself? % Commissioner Alonso: Yes. .Mayor Suarez: So, we haven't lost any of that time. And let's take a little `vhiie to see if qou can work out your differences out .there, Mary, with Luc~.a. Maybe`'there!s a solution that we cannot-have to carve out this, because -:the- Assistant City'-Manager is recommending that we don't carve it out.:. CommiseionexAlonso: Maybe we should table thisand see if :a resolution~_cQUlt~ ,:~ ~'~~ . be f quad . ; F r } Mayor f}ua~re~: So table and. take a half hour or 45 minutes to see if you can ;;" comb up with a... if she can convince you or you can convince her that ons~is "' _ -.:riot gtairig,'to g~Qjudics the other's positis~n. ;; ~ fQmn~isai~+ne~ Alonso:< XQ~s rscoAUasadat~.Qa is for apprQVal. :`" Mayor $t3llre~i? R~$~3~r. s z€ S ,,, . ~. t ua qp ~.i ~~~ - . .~. ~ ~ r- ~_f, _~ - .: ~. .. ~ '. `. - ~.., 1 '4, Ms. ~Iebber t 'hank you, Mr. Mayor, Commissioner Alonso: And, may Y ask a question? ,., ~~ Mayor Suarez: 'des, one last thing: ' Commissioner Alonso: This is something that we have control over. We hate the liberty to set the use. Do we not? s Mr. Rodriguez: Which one are you talking about? Commissioner Alonso: If it remains the SD... Mayor Suarez: Seventeen. Commissioner Alonsos .,.seventeen. It's something that we have control over, right? t Mr. Olmedillo: Certainly. Mr. Rodriguez: Right. Mr. Olmedillo: There is special permits that are issued for that particular district. 4 Commissioner Alonso: And the idea is to encourage the residential rather than the commercial construction. ~! Mr. Olmedillo: To give the edge to the residential as opposed to the nonresidential. Mayor Suarez: I'm pursuing this same line of inquiry as the Commissioner, in the simplicity of life. If you. wanted to incentivize commercial, why don' you, propose that something be zoned - I mean, residential - why don't you propose that something be zoned residential, Guillermo? Mr. Rodriguez: Because the area have been some office residential fora long time, and maybe you don't want to remove completely the possibility of office developing in that area because you would have.a lot of proper...„ Mayor Suarez: If you want to incentivi2e residential, zone it residential. Mr...Rodriguez: Well, if you. tell us... Mayor. Suarez: This is .about. as complicated away, and let me tell you, I echo Commissioner Dawkins, all of us, you're not making .this any simpler. The City Attorney, ,I had a remark to,direct at you, and your boss and the whole department. We've asked you time and time and time again to come up with a - system that we: .don't have. to read -the entire ordinance in this clumsy a fashion, and take up all the record reading, and all the time. We don't `get any relief from ..you. If you .need a charter change to do that, this is the time to do it. We have elections coming up in November. If you need a state ~eg~alatiye-change, this is .the time to do it. Our legislative session in the state. Please simplify our procedures. Nobody... Joel Maxwell, Esq.: Mr. Mayor,.. `~ Mayor Suarezs .Well, I don't know that I want an answer, Joel, at this3 poisnt.- >~' I ,~uat want you to please do it. I mean, that. whole thing you just went through of reading this whole thing every single time. We all .hear ~.t, ~-ou - know, over and over again, and all th:3 same standard provisions for. s3ome~thing '~' : ; that is advertised, that is in the record, we read, that is part of our . ~~ exhibits. Why it has to be read out loud, this is something that goes bac3~ to '` ~; the-Middle Ages where they used to read things out loud. .What do they call' ~'- those guys? . - S-ice Mayor Plummer: The town crier. ,~:; =t Mayor Suarez: Town cri.ars~, lro~a knew, we would hays thQUght that itt the ;.;' ~Qm~uter age, we'd have a .better sy~te~. And:. p~s~t~e, if you oaA't do' it, let ~}~ ~~ ~d_ ,` ue knQw, I~~e you going to tell us we osn't d~ it? ;j: ~, ~~~ !larch 3~R. 3~4~ -,,tae ~= `= ~'° - ,_ ~,~._ -- - - --~~,.-r,~ .., ~r,._ _. _.___ _ ., - ~:` _ . , - _~; . _ ~. ^ ' { .` ~. t . Comrniesioner bawkins: Point of information. Mr. Maxwell: The law requires that it be read right now. It would requiY~ a ;~ Change. ,~ '7; Mayor Suarez: What law? ~, ' Commissioner Dawkins: Point of information, Mr. Mayor.,. Ntayor Suarez: Wait, wait... Mr. Maxwell: For one thing, your Charter requires it. ~ Mayor Suarez: I'm sorry? -; Mr. Maxwell: Charter requires it. Commissioner Dawkins: We can change the Charter. Mayor Suarez: Change the Charter. This is the time. Mr. Maxwell: Right. And we have worked, Mr. Mayor, just for your information, this title, we knew that this would provoke you, and we've worked - very hard. ~, Mayor Suarez: Well, it did. ~- ; Mr. Maxwell: It was about twice that length. f '~ . `Mayor Suarez: All right, well if the Charter needs to be changed,' let's { change the Charter. --- ' Commissioner Dawkins: Point of information. You se~~t'this-item out for them to reach. an agreement. Are they going to reach an agreement and come back and •~ we vote on it? # :. Mayor.-Suarez: Yes. ~# Commissioner Dawkins: Or are they-going out and reach an agreement and we're - going to come back and rehash it? Now, Kneed to know what they're supposed ~ to come back .for. , ~ ~ Mayor Suarez: Well if the don't reach a ~ , Y n agreement, we re going to .have to ~ ~ bite °the bullet and either-.take out .that section or just pass it as s -;recommended by the City. i }: ~ Commissioner Dawkins: But it's coming back for us to vote on. r; Mayor Suarez: Yes, absolutely. ~ Commissioner Dawkins: Thank you. ~ ~ v z ; 1 ~< .> Ma or Suarez: PZ-12 is wa .too im ortant to Y y. p just leave pending like that. Y I. ~~' 5 i; b cI - '~_. 5 J - . -~_ ~ ~, 4 ~ i64 M~rct~ ~~, 1~9i 'I. ~ - 7. ;; ?~R _ '~ ~= -_ .. - ~ ~~~ x _ , :: L.Lrirrr Yi:.i1Yr.rrr.rrir.rrrrrrria.rYrrw.irrrrr.rrrrrrrr rrrrrr-rr-rr-r.~~a.r.~r~.u.~re.`w~.wW.rri.r~w4 ' 320 (A) DISCUSSION ITEMS SIX MONTH REVIEW BY CITY CO2iMISSION OF PRIOR DECISION WHICH STANDARDIZED DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES TO 1,500 FEET. - (B) FIRST READING ORDINANCE: AMEND CODE SECTION 4-10 ~ STANDARDISE ~- DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES IN COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS TO 1,500 FEET - GRANT ZONING BOARD THE A$ILITY TO REDUCE DISTANCE SEPARATION IN CERTAIN INSTANCES. --=~-------------------------iY..__-.._-_----..__~r~.__-_---_----------------=~---= [NOTE: INIBRSPBRSED TAROIIGHOUT THB HEREIN TRANSCRIPT, ARB STATffi~1'1'S IN SPANISH. FOLLOWING BACH AND BVBRY STATID~N'P, PLBASB FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BB. s SPANISH STATEt~NTS WILL BE DHNOTBD BY CAPITAL LBTTBRS. TRANSLATIONS WERE"IiADB BY MAYOR SUAREZ AND SBRGIO RODRIGO'EZ.] Mayor Suarez: PZ-13. Mr. Joe McManus: PZ-13 is the six months review of an ordinance that reduced distance separation requirements between identical alcoholic beverages licenses to 1,500 feet from 2,500 feet. A previous ordinance that previously reduced distance separation requirements between dissimilar liquor licensees to 750 feet from 2,500 feet. As you can see from the attachment, one problem that we have had is that if you look at the sale of packaged liquor off premises, both a 3PS, 3APS license and a 4COP license allow that. So that irrespective of the fact that you have dissimilar licenses which would then dictate a certain distance separation... Mayor Suarez: I'm glad you didn't say irregardless, go ahead. Irrespective, I like that. Mr. McManus: All right. The fact is that the 3APS and 4COP can be as close as 750 feet. That's our own... 1. 1 Mayor Suarez: What is your recommendation? -after a six month review. Mr. McManus: Well, we had a couple of suggestions. Either go to 1,500 feet ~ uniformly as is done throughout unincorporated Dade County, or establish a ~ uniform distance separation of 750 feet. Commissioner Dawkinss What's your recommendation? Mr. McManus: Our recommendation is establish a uniform distance separation-so between... ~ Commissioner Dawkins: Of what? A uniform... i .. .. ~- { Mr. McManus: Of either seven hundred... ~ Commissioner Dawkins: No, not no either or. Of what? ~~ Mayor Suarez: What would you recommend f rom a planning standpoint? Mr. McManus: Our preference would be 1,500 feet. Commissioner Dawkins: What would you recommend, sir? ,~ _ ' Mr, McMansxs: Fifteen hundred feat. x.: Mayor ,'auaz~ezs Fifteen hundred feet. _ t ,: Commissioner Dawkiass OK, thank you. Comsp~.s3sio~®~ A~ons3o~ Yea, my concern... `, :. ~, 170 ~~r.~h ~~, l~t~l r 4 ,.. __ _ t' _- Mayor Suarez: Commissioner Alonso. Commissioner Alonso: ...is with the 4COP, meaning I don't like bare every place. And if we go to 1,500, we have certain iimitatione or special exception that we can control the opening of certain quality of bars that we donut think it's conducive to good business, and I don't like to see as many of them in the City of Miami. Mayor Suarez: The old seedy bar ordinance that we're going to pass here. I have the same concern actually. Commissioner Alonso: Will it protect us if we go to the 1,500? At least it gives some limitation. The special exception will-- give us some control. Because the PS I have no problems, package goods and I have no problem with that provided that it's used with accessory use, meaning a drug store or something like that that they sell beer or wine. I have no problem with that. Mayor Suarez: But not hard liquor? -in that provision. Commissioner Alonso: Package goods I have no problem with that. Vice Mayor Plummer: But you said with an accessory use. What about a package store that's dust a package store? Commissioner. Alonso: Yes, if it's 1,500, fine. What I'm trying to prevent is ~ and we have it right now, and when we change the regulation, we didn't know that we were opening the doors to the bars to open. Because we thought it was the package goods, the 3PS, and the one I'm concerned is the 4COP that means they sell package goods, but also they are a bar. That's the one I'm concerned with. Mayor Suarez: You know, what worries me... j _ ~ Commissioner Alonso: That's the one I want to protect the City of Miami not to have one every corner or so. I dust don't like that. So, what do we do? What is your advice so that we can be protected and at the same time, we have the ' regulation at 1,500? Mr. McManus: Well, it would be to make the distance separation requirements between all liquor licensees at 1,500 feet. Vice Mayor Plummer: All? That would even include a package store? _ Mr. McManus: Yes, sir. Vice Mayor Plummer: I -can't agree with that. I think I agree with my " colleague as far as bars in which liquor is served over the counter. .But L see _ a distinct difference.between that-and a package store where it is bought and taken home or outside of the premises. And I think there's a big difference - there. , .. Commissioner. Alonso: I agree. _ Vice Mayor Plummer: And as far as I'm concerned, you know, competition.: is -good, competition is great. You know, when we get into these distance requirements, T've bean'around here so long that so many of them have.. been disclaimed as discriminatory by the courts. Go ahead, Joe. ~'; Mr. McManus Mr. Commissioner, point of information. The distance separation r'squirements today ace e~aher -1, 500 or 750. °-: Commissioner Alonsos That's right. ;;_ , ~ ..: Mr. McMdr~uet The sugg~rstion here is to move the 750 back up to 1,500 so there , '~ , wau~,d be ~ uniform 1,500 foot 4istance separation .requirement. '' ~ r. , ;; Vic® Meiyc~r £iumoaex: `" Well, but i moan what we have here today.. , can we' mare '~ . ` two ~ti~stnct differences? .,. ,, ter. McManus: Weil, that's whet ws glad to do this last t3.mq, 'and what ` ~ - ._ the fact that too S~S,aad; ~0~ .bs+th a].3ow ~aale oa happoaod wr-s we didn't notice `' - pr~issa aad ~ale~.. , they both a13ow aaie off '~remisea .~f 1~.9uart _.; ,: , ". f.- - ~ 1. i°. - - - ;°§' , .. ,- ~f ¢ y~ ...~T.-r v. 3 ~ i.. - u ~. ,~- ~ ~. t-ice .Mayor plusinmer: Well, I'm net worried about the sale es to the ` _ consumption. Now, is it within our purview to make consumption 1,5bb feet end F~ ~ nonconsumption on the premises 7507 ~. Mr. McManus: If we know what your intention is exactly that, We cars Write the ~ 0. legislat-ion to do that. I Commissioner Dawkiisss Your recommendation is 1,500 feet. Vice Mayor Plummer: On a11. Commissioner Dawkins: On all, right? - Mr. McManus: On all, yes. ( Commissioner Dawkins: That's your recommendation. OK, I'il be voting with i your recommendation. t ~ -i' Mayor Suarez: All right. Lucia. , (' Lucia Dougherty, Esq.: Mr. Mayor, members of the Commission, my name is Lucia Dougherty, I'm an attorney with law offices at 1221 Brickell Avenue. On April the 25th, I'm going to be coming to .you and asking your permission to build a retail shopping center at Biscayne Boulevard between 31st and 32nd Street. We have the support... ~ ~ Mayor_Suarez: You have the support of the neighbors. - ~ . 1' ' Ms: Dougherty:.. We have the support: of the neighborhood. ! ` r Mayor Suarez: And this does not come under that other separate ordinance that ~: - we have for specialty market places, or whatever it is that... < G ,,:~ Msr.' Dougherty: No, that one is 50,000 quare feet, we're at twenty--two,.. ;~ Mayor Suarez: .And you don't have fifty thousand. Ms. .Dougherty: We're at twenty-two. thousand. ~. ~€ Mayon Suarez: OK•, and you would come under... -.. ~.: ~` Ms. Dougherty: Fifteen hundred feet. MayorSuarez:; ,'.the prior tested ordinance that we had on the books today we have a six month review of? Ms. Dougherty:,:. Yes. ~: .Mayor .$uarez: And you ..are out-of luck by 30 days if we were to change this back. 'r Ms.,:Dougherty: I'm out of luck 'anyway. I .don't come even within 700.:feet, . ... Even if we were... Mayor.;Suarez: So if:you'.re,out of luck, what do you want us to do? '' . - Ma: Dougherty:What-.I want yeu to do is, I am:.. . ~' ~; Mayor>Suarezs How cpn ws.make you in luck? ~~ Ma. Dougherty: I am proposing an ordinance which is before you today which `~ ,. wQUld permit the Zoning Soerc~ to ; reduce .the .; 1, 500 Peet. IP , you `mike 'it ~~Y`.~ ~ ataadardized,:for. exmnple, and,that'e; what.I did,:i've atandardizesl it to 1;500 :. Peet. .. t~ ~~~. Mayor Suarezs Right, which a. lot of us would kind oP like to do for ~'- ~ `` ~~ s~an~~~dizatiQZS reasons, .sad as ~o~i~sio~e~ ~gaso _saPd, fir ~ea~ons of trying ~ ~; t~:prevent.~s grs~liferatian oP bare and et cetera, ~.{ ~ ~'~ . ~gl~sr~y.a ~~T~a ordinance, that T pxogos~ ,:wQ~d g~andardize Pt>.~at 1,~Q4 ~~~ ~~ ~ ~ ~~ ~.~t #+~~+, ~~{~ :,~ii-e~ tie ~onir~g Board the ability to pe~sit a 'reduction Pc-r a package ~~ F ,~ '~ `` ~ ~ Z ~ M~x~n~ $~ ~ #;'A9~ ';~ ~ ~ ~~ ~>.~.-- i j{ %._ _ _- -- I 'f -' store which is ancillary to another retail use, such as Walgreen. bur retail center is going t6 Have a Walgreen anchor. One of the conditions is that they i have an ancillary. package store. ~ j.: Mayor Suarez: Biscayne and what? ~ Ms. 1~ougherty: 32nd and 31st, a Mayor Suarez: Y would love to see that. i Ms. Dougherty: l;verybody would. Mayor Suarez: Yes. fi Ms. Dougherty: We have the support of the Northeast Task Force, Jan Grimsby. i ~ In fact, she supports this particular concept of a case by case... j Mayor Suarez: So you say 1,500 feet, but with the ability to grant an ~ exception, conditions that you are mentioning there, to be ruled on, determined on by a PAB? Ms. Dougherty: Yes. And it would be... Mayor Suarez: Or a Zoning Board? -who? ; Joel.Maxwell, Esq.: Zoning Board. - Ms. Dougherty:.. Following the procedures, including appellate relief .and 'j applying the criteria of a special exception. And only for ancillary liquor totes which are less than 15 percent of the floor area. } t Mayor Suarez: Which is kind of amini-specialty center type approach. -. ='~ _~ Mr.. McManus: Mr. Mayor,:-members of the Commission, what Ms. Dougherty. is referring to is a situation we had back in ordinance 6871 which expired. in 1982 is ;where 'the .distance separation requirements were: in the zoning ordinance, 'and ~]~ here were special exceptions on distance-separation requirements between bars ~~ =and I ' can assure -you, ` and ...Commissioner Plummer will remember, every -month ' at ~ every Commission meeting, there was a procession of people coming in, wanted to establish a liquor bar, wanted to adjust the distance separation. requirements. t And what. you have is a prospective liquor store proprietor. pitted.again~st she rieighbors_n the area; and what: happens is, you.,havera very.:.. i . Mayor Suarez: Unless the neighbors are so desperate 'for something like that, ~ ~ :that~they.supportat. ~ ~ . Mr,. McManus.: ...a very lively debate that goes on for an hour, an-hour and a ,., half,. all about the distance separation requirements. Now... Mayor. Suarez: Need we decide that today? - . ~. '' Mr. McManus: What we did eight years ago was to take all of that out of the . , zoning ordinance, and put.. it in the City Code. There are no exceptions from the .City; bode; _And 1 :would :commend you. of the fact that you have-saved ' `' yourseives.'approxia:airely as hour .out of:,every City Commission meeting by.'not having exceptiaz~s. brought _before you. .Mayor S~ar~~: ~_QK,,we got that point. N9w,:what;about this? Assuming that wd > were nclined to be .favorable to- her project, what would' be the right way: to: proce~sd.. tQSlap and than what ,would ws do: on ~lprii ~:whenever it is she t s coming a ; $- - baol~ -the 25th? w ,} ,.` Mz. ' McManus s , We .:,would ::either , hav® to transfer bodily all the aioohoi`ic - ; - .; k~veraga distanofl ~eparatian z~aquir~menta, bodily, into the zoning ordinance,.` -,; or conversely, transfer special exception language from the ~on~ng ordin~uce . -: into hl.s particular ;chapter. , ;. , ,. ` ~' ~s. Aou~hartys That's what l'~s dose. That's pxecise.ly what .I've dons -ice c~1is' , ~' ~ ~ case. I've said,.. - _ w, - - { ~Ir, 8exgi9 RQdriguoz~ We hau~a't roceived it, spa we don't kanw exactly what is 'r , ~ .. min o e,+es~, ~ , ~ ~'~~' ' , .-:. r `~, l~9 Math ~$~ .~.~~?~ `r . , } ~ .. }~ _ ~~ .~~' _ ,~ ~_ - ~r Mayor Suarez: Weil, but couldn't we do that on Aprii 25th when she comas on this particular issue? Vice Mayor Plummer: Not if you pass this today as proposed. Ma. ~oughorty: You can pass this today on first reading and than consider it again on second reading on Aprii 25th when I coma back with the project. Vice Mayor Plummer: Oh. Mayor Suarez: But today what we're passing is really... Vice Mayor Plummer: But you're saying is - because I agree with Miriam - as far as on-premise consumption, no exceptions. Ms. Dougherty: Correct. That's what this ordinance does. Vice Mayor Plummer: Only package stores would be available for a variance, a conditional use, as... Ms. Dougherty: And only package stores... excuse me, sorry. Vice Mayor Plummer: Yes, but you see, I don't make a distinction, a package _ store that sells package goods is whether it's an accessory use or not, I think of the company up here on MacFarlane. They're not an accessory use to a drug store. They sell package stores. Why would you deny them because they're not an accessory use? I mean, if you're going to speak to package stores off premise construction - off premise consumption - I think that's the way it should be. _ Ms. Dougherty: That's fine with us. Commissioner Alonso: I agree. Mayor'Suarez: :All right.,. does this make any sense, Joe? .And if so, how would qou suggest that we proceed? So we don't foreclose her project, and we come up with something standard, logical, and proper and moral and constitutional today i . ; on PZ-13.. , , - f Mr. .McManus: Well, I think.. what you're talking about is instructing the ~ standardization at .1, 500-and then. we would look at Ms. Dougherty's ordinance'-to r ~ . : see howit'would:blend in:-to the; 1,500 feet, if that is your pleasure. Ms Dougherty: First reading today and second? ~? Mayor Suarez: All right, what motion do... Vice .Mayor-Plummers I so move. Mayor Suarez: What motion do we; make? He so moved it.' Do you understand what. :` it is? ~, Mr. Maxwell; Yes, we~l.we have. an ordin... I do have a copy of:the-proposed ", ordinance that .I think:does represent what Ms. Dougherty is proposing, and I ° ` can read that into the record. ~ ~ ., " :. Mayor Suarezs Do.you understand hat to be what. he dust moved? ~ .~ - Mr. Maxwell; Yes, six.. `Let me read it, except for the provisions that deal ~' with no,.. z , Commisaioner Dawkins; I got a serious problem •~/ith delegating the author3,ty .. that l'have to the Zoning~Poard I $ot a-problem with that. ~ ~ ~,. _ ': ~ Vice Mayox Plumm~rs Well,;ne, we make it come back here. .- ~ Ma. Dougherty; It is sgppllate;ta yo~t. it doe$ come back to you a~ an appe~ ~` ~'r ~: ~~ = ~Qm~niseonst Ds3.w~slnt~; ghat ¢oeen't shy tk~is. >~ ~ ~ ~`' ~~ ~: it dgee. ~; fee, ~.. ~s. ~~+ts~hcrt ~: A ~. ~ l ` ~ _ A4 rA p #y ~/A ~~iK~ R~, ~~T~ .. ~'- x..11., ~ r ~ ~ ~ _ B' J ~~~ ~ - .y _ -__ ~. ~ - Mr. Marvell: Special exceptions are appealable to you. Mayor Suarez: OK, well make sure that it does. Make sure that it does. OK+ Mr. Marvell: What she's saying is using the procedures for special exceptions and special exceptions are appealable from the zoning Board to you. Mayor Suarez: Just make sure it's appealable to this Commission. Commissioner Dawkins: OK, and second thing I want to know is, how do you say yes to this application and no to every other one? Mayor Suarez: What criteria would we apply that would not get us... Vice Mayor Plummer: Same criteria we apply on every conditional use. We look at it, we consider the surroundings, we consider the application on its own merit. ;_ _ Commissioner Dawkins: Yes, but the location is not the selling point with me ~- right now. The selling point with me is, that we are trying to develop ~ Biscayne Boulevard, and we have an entity that's desirous of going on Biscayne Boulevard where nobody else wants to go, and put up a business to help us in the development of Biscayne Boulevard. And so I, you know, I could buy into that. But if another guy... I mean, I'm sorry, if another entity comes up and is not going to develop an area and put in the anchor store and what have you, I would have to say no. So somewhere along the lines here, you've got to show me how that-this is an exception that we can buy into.... Mayor Suarez: That is logical and consistent with everything else that we're going to do. Commissioner Dawkins: Logical and consistent. But also if another one come up, and wanted to go 1,500 from the other one - I mean, 750 from another one - we-:can say- no because the reason we did the other one was- because it was beneficial-to the citizen.... - - - '? Mayor' Suarez: And not be legally exposed for making those distinctions. Are aye OK? Do you think we can accomplish all of that with the ordinance you're about to read? It's been moved by... Mr;_Maxwell: -The ordinance itself would. have to be amended somewhat. I think the title that we read-right now. would. do it. ~' Mayor Suarezs All .right, in second reading you'll make whatever mod fications.., - r. Commissioner Dawkins: L'd .rather youamend it, because I don't want her writing for me. She don't work for us no more. . ,~ - Mayor`Suarez: Right.. We really should take. a very hard look at it, and make- sure that t has :'all the ::provisions we want, rather than having to rely on outside counsel. Mr. Maxwell: No, sir... Mayor Suarez: Who wants to be particularly concerned about her own protect, as much as we respect her; nteileatual legal ability. Mr. Maxwell: No, air, we~11 write the ordinance, ~~ Mayor Suarezs All right, Mr. Sexgio Rodriguezc I think if you include in the crit®ria the potential ~b "s .. advezse a~~eota is the ~ noi$hborhocd as -ona o~ the Gri.teria,, that will''give you the intea,t"..that yoga might want to do, F:~:' May.Qr Suare~i ~iease, ~rea~ That would be in iiae with Camm~ssioaer ~la~ev's ;- -,- ~conGer~ too ~- potential ~dvexse effects.., :;~.° ~., ~ dlr. Rodriguez: In the ne 1~Y~boxhaod, . _ ~. - _~%-• . '- X75 ~ Mez°ch ~@~ ~.~~~ ' ~, ~, _a..- r.; { .. Mayor Suarez: .,.from having too many liquor stores of whatever description, packaged, et cetera, OK, we have a motion. Do we have a second? Commissioner Alonso: Yee. Mayor Suarez: Seconded. Read the ordinance. THEREUPON, THE. CITY ATTORNEY F2P:AD THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suare~s Aii right, Orlando, you guys have been here fora long tires, Gdrnmiesioner Datakinet Wait a minute, before Orlando. When you bring -this badlt for the second reading, ie it legal to put in there what criteria spells out how we made this special exception? Mr. Rodriguez: We'll do that. Commissioner Dawkins: Hmmm? Mr. Maxwells Yea, sir, we can actually transfer the criteria for a special exception into the ordinance rather than adopting it by reference. ~"' = , Mayor Suarez: Including adverse effects in the neighborhood, et cetera. Now, t I'm puzzled by the fact that you all have been sitting around and we have not _. ~ ~,, even heard from you. You were here on this item, PZ-131 Commissioner Alonso: Fourteen. Mr. Orlando Garcia: Speak English no. VOY A HABLAR EN ESPANOL Y ME VAN A TRADUGIR. Gommissioner Dawkins: Translate. Mayor Suarez: All right. I'm puzzled by the fact that the City Attorney, ~, City :: Clerk, City Manager,. planning people. and everybody have not brought to our attention the fact that you might want to be heard on this. You have not - been;sworn:in. Mad am. City Clerk, .swear :them in please., - Mr. Rodriguez:. I;don't know. if they're on this item...- .~ Mayor Suarez:. That's what I don't even know. `_ Mr: ;Rodriguez:: ...ox in:the next item, Commissioner. Vise Mayor Plwnmer: They're on 14, :I believe. Commissioner. .Alonso: I.believe they :are in 14. .~ '. ~~, : MayorSuarez: EL CATORCE OR EL TRECE, USTEDES ESTAN PREOCUPADOS? ~ ,~ `~~, ,. Mr. .:Garcia:: NOSOTROS, LOS DOS. `,. Mayor Suarez: Both. ., ,, Mr. Garcia: UNO ES TAN PERJUDiCIAL COMO EL OTRO. :~ Mayor Suarez: All right, back to PZ-13. Swear. them in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATIi TENDER ORDINANCE N0. ~~ ~~ ~ ,:. ~ IO5J,1': TQ TNOS$'P$RSONS GIVING TESTIMONY ON ZONING ISSUES. :,,4.. } .. Mayor.,Suarsz~~ ` i" da, ..he does.- 1 ~.~ ~. ~~ Mr. Gaxas: 4rlaado Gaxc~a, SENQRES COMISIO~TAAOS,: EL ~PROBLEi~A 8S ' ,BL` ~K~s , S ~GUIENTE . Y. ~ ~ a :. ~~ Mayor S+~aroz; Wait, ~Qw we~ra going t9 hav$ to have.:, ~ ,~ ' ,.: Mr.. ~ar°aias. NQ &E PORQL~ $$ fiA, .. ,, - ~:. , c~ay,a~ f~tax'a~z:. ~a'a going tca k~ava to t~renslate as you gc~ aix~ng. ~ T '. ~ 74 M~~r~h Z~, ~'AP~ , ~E ,.:. t; - ,- a:t.. - -~.~-R~" `mob r~~- w ~. - Mr. Rodriguez: I thought he was going to use his own translator, but Z... Mr. Garcia: NO SE EORQUE SE HA PLANTEADO E3'~A SITUACION AHORA. TRANSLATION: And members of this Commission, I don't know why the situation Y-as been presented over here right now. Mr. Rodriguez: You have to go slowly. TIENE QUE IR DESPASITO. Mr. Geroia: SI ANTERIOR DE E3~ISTIR ESTA LEY QUE CAMBIARON, EXISTIA UNA LEY QUE ERA 2,500 PIES, 500 PIES DE IGLESIAS, Y 500 PIES DE COLEGIO. NO SA$EMOS LA RAZON POR QUE SE HA CAMBIADO ESTO. NOS HA SORPRENDIDO TREMENDAMENTE ESTO pORQUE, PARA NOSOTROS ESTO ES NUEVO. AHORA, ESPECIFICAMENTE, LA CADENA Walgreen LO QUE QU~ERE ES ABRIR DENTRO DE LOS Walgreen UN LIQUOR STORE, Y TENER ELLOS EL PRIVILEGIO DE PODER ABRIR ELLOS UN LIQUOR STORE ADENTRO DEL Walgreen A MENOS DE 500 PIES. TRANSLATION: Before this law existed and it was changed. There was a law that established 2,500 feet distance, and then 500 feet from a church and 1,000 feet from a school. We don't know the reasons why this has been changed. I've been surprised by this. But specifically what is happening is that the Walgreen chain wants to open a liquor store within the Walgreen store. Mr. Rodriguez: I'm sorry, but I cannot follow this. I'm sorry, I didn't Mayor Suarez: And they want to be able... the Walgreen wants to be able to open some sort of a liquor facility inside their stores with less than 500 foot distance. That's what he said. I'm not sure what it means, but that's what he said. Mr. Garcia: YA PUEDO HABLAR? Mayor Suarez: What makes you think that that's what's .going on? The ordinance would be a standard 1,500 feet, not 500 feet. Mr. Pete' Izaguirre: I believe what he's... Mayor Suarez: OK,- gou're in the capacity of an interpreter... Mr. Izaguirre: My name is Pete Izaguirre. I am the president of the All Dade Independent Liquor Retailers in Dade County. I think that the problem he's trying to point out is, with the 1,500 feet as is going to be voted on, om it - ~, wail, Walgreen': is going to have the only exception, .because Walgreen is the only liquor store that has a pharmacy attached to it. Commissioner Dawkinso Only drug store to have a liquor store. Mr. Izaguizre: Correct. But Walgreen is the only one that does that. So what you're in actuality you're doing, you're discriminating against a small ;; liquorretailer.' Commitasioner-Alonso: Why? - Vice Mayor Plummer: No, no, no, I said.. no, no that it didn't have to be an accessory use; ~~- Commissioner Alonso: It`will be... Mr, hzaguirre: 'So it's going'to be 1,500-feet. `Commissioner Aloneo:' Yes. - V; Mr. izagu3rre:'"'No matter-who it is. ~:Y ~;. Vioet t~ayAr i'iutnmer: But on `package stores, there could be an exception less ~~ ths~sh 1,500, but ~-ot o:~ consumption ott premises. ~:; _ _. ~" . ,; ~'~. Mayor 5uaxez: Not bars, but.., F. :: d .. ,.._ "', ~q~nmies~i.oDS:r Dawkins: NQ ~o that'sa cat what. I, , . Weil, hoid ~.L that's #~s:t ~vk~at I` ~ridsrstaod. T uade~stocd ~hsm to .say that iP ~t was: ~ ss~~b~l~h~a~a~ li~;~' Wa~,~iro®n, ` mho-had a dreg st4~'i~ amd <.. for the hack a~ s b~t~ter word ~ ,~ ' ~ad~li~y that ~v~as3 $oin~ t4 sx~az~c+~ khe ~ae~.ghbQ~rhoc-d, thou w~ w~a~lci aiiow, , 197 ~la~:~h <28, ~ ~~9~, #,_ __ _ , ~ Mayor Suare~t A special use exception. Commissioner Dawkins: ...that special exception. But if it was Miller 1lawking who was desirous of coming in and going to put up a liquor stare, that I could not... I mould not get the exception. That's what I understood. dice Mayor Plumiter: A package store? Commissioner Hawkins: Yes, a package store. Now, that was my under... now; that's what I'm voting... Mayor Suarez: Subject to all the other criteria that we mean to put. into it for a special use exception. Mr. Ixaguirre: The law originally... Mayor Suarez: No adverse consequence in the community, et cetera. Mr. Ixaguirre: The law originally was 2,500 feet. For some reason, it was changed to 750 feet. Mayor Suarez: I guess it was the request of your clients, I thought. Mr. Ixaguirre: All we want is for it to go back to the 2,500 feet. Mayor Suarez: Oh, you want to restrict competition. Vice Mayor Plummer: Of course. Mayor Suarez: Ahhhhh, why didn't I think of that. I thought you were heading in the other direction. Well, I guess we thought we were balancing the public interest not having too many against the desire of your industry in having more... Mr. Ixaguirre: No, we don't want more. Mayor -Suarez:_ And.I forgot that sometimes you guys work in sort of monopolistic fashion, - Mr. Ixaguirre: There is legislation in Tallahassee right now. ;. ;, Mayor:~Suarez; Ifyouu pass legislation in Tallahassee in this area, that _preempts ours. Mr. Ixaguirre: No, no, no. But the legislation that is going on right now is that:we;'•re pushing for is - actually the state is pushing - is to change the quota: of liquor licenses from 2,500 population per license, to 5,000.. Mayor Suarez: If you change any of those requirements at.the state level, theyY:willpreempt ours. I!m not going to -.tell you ,it's a good idea or a:bad idea,-:but it. may be. a good idea. Not if..you want to do';it to restrict competition, but:'::maybe for 'the welfare of the citizens-in other ways. Commiaisioaer Alonso: Well, the.County.has 1,500 right? ' Mr. McManus That's correct. Commissioner Alonsa: Also in downtown Miami we have a -what is the distance? ~~ Mr. Rodri.guezs Ia~tha:City of kliami--we Y~ave Haw 1,500.,, until this amendment 1,500 a~-d 750, and that's what it was confusing. Today, I believe with your aation~ you iu~raaae: i.t to 1,500, ~. ,::. ,, ~~ ~ Commissioner A~,ou$ot Fitt®an hu~adrsd. .. ~. ~:,~ '~ ` Mayor Suarez: Un1.Eormly. __ ~:. . ~Ix, RAdriguaz: I.ika the Cou~ty,:~11 the way through.. M.~y~r S~a,r~z ~~C. Weil,: caw w~ #avo ~t~Qtk~ex ag~akerr. Madata :City Clerk, - h` ~l~as~ swear in the mew apeake~r~ ~° r ., l ~+~ ~~r~h 36~ 591 ~; _, ~~. .<~ ~~ ., _ a __ ,...~ i ~,. A AT THIS POINT THE CITY C1,ERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NtS~ 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Vioente Cruz: YO NO NABLO MUY BIEN INGLES Y VOY A REf"ERIRME A USTEDES EN ESPANOL. VOY A pRESENTAI~ME. ME NOMBRE ES VICENTE CRUZ Y SOY EL bUENO bF JENSEN LIQUOR STORE, Y QUISIERA PREGUNTARLE A LA COMISION EN QVE SE BASO~ BN QUE SE P'UNDAMENTO, PARA VARIAR LA LEY ANTERIORMENTE DE LOS 2500 PIES'A x,000. f TOMARON USTEDES EN CONSIDERACION A QUIEN BENEFICIABAN 0 A QUIEN PERJUDICABAN? TRANSLATION: I don't speak English very well. My Vicente Cruz... I am the owner of a liquor store, and I would like to ask the Commission. What was the basis to change the law before? On what basis did you change the law before? Did you take into consideration who you did benefit or damage with that decision in your distance requirements? Vice Mayor Plummer: Well, to answer the question, when we changed it before, we gave it a trial period and we're now back at the end of that trial period to see how it worked. i.` TRANSLATION: CUANDO CAMBIARON LA LEY ANTERIORMENTE, ELI,OS LE DIERON UN TIEMPO PARA APROBARLO. AHORA HA PASADO ESE TIEMPO, Y HAN DECIDIDO ENTONCES CAMBIAR - LA LEY OTRA VEZ. Mayor Suarez: It wasn't at the request of anybody up here. None of us have stores, so I guarantee you that we were not particularly interested... Mr. Cruz: YO LES PREGUNTABA A TODOS PORQUE DE 2,500 LA BAJARON A 7,500. LUCIA COMO UN RETRASO. Mayor Suarez: A SETECIENTOS-CINCUENTA.. Mr. Cruz: A SETECIENTOS-CINCUENTA. TRANSLATION: To change the distance from 2,500 to 750, it looks strange. Commissioner Alonso: ...the package goods. AHORA LO ESTAMOS SUBIENDO. Mr.- Cruzs' Y VE0 QUE NADA MAS QUE SE MENCIONO LA DISTANCIA DE LOS LIQUOR STORES. NO SE TOMO EN CONSIDERACION LA DISTANCIA A LAS ESCUELAS Y A LAS ~. IGLESIAS,_.PORQUE PARECE QUE NO HABIA NADA•.QUE CONSTRUYERA ESA... A MI, MI OPINION PERSONAL-Y LA DE MI COMPANERO DEL LIQUOR STORE, ES QUE ESA LEY... CREO QUE HUBO UNA MALA ORIENTACION. AL CAMBIARLA SE NOS PERJUDICA MUCHO, Y NOSOTROS,.: TRANSLATION:. The only discussion was in relation to liquor store. There was apparently no discussion in relation to churches and school. And my opinion is thatsthat change of law is a bad decision because it will have a negative effect on us. Vice .Mayor Plummer: Because of what? _ Mr,. Rodriguez: It will have.a negative effect on us. The change of the law.- Mayor Suarez: You know, let me say for myself, I'll repeat it once again, I hays absolutely no interest in any of your arguments directed at restricting c~otgpetition. Thee. only thing that would affect me is the argument that the , public welfare is not served. by the distance in question. How you. foster - compet.ition is your problem. In fact, as far- as I'm concerned, the snore competition, the .better. Vice mayor Plummer: , Ok:, na,_ no. {~, ~~ Mayor;:..Suarazs So, you know, you could take your arguments to the legislature ~~- if you want on trying to restrict competition, but not to me here. ~. ~' Commissioner Dawkinao We11, I sympathize with them, because like you say, we ~~ went:#rom 2,500 feet to fifteen. Now you're talking about going from fifteQa ~° to 750,•-,And-the nsxt.t~ing you know, it will be zero .lot dine. TRANSLAT~ONs ~~. COIiIBIONAAO DAWl~INS AiCE QtJR LA LEY CAMBIO DE 25,000..,. ~_ Mr. Cru~r ~~cuss sne, DIGAME LO QUE DIJO ~L MAYOR PRIMERO. _' Mr, Rodriguez: Mr. Mayor, I'm sorry, what s~o you say? -because they want to ~. know what you aai~. ,;: T: ~9p ~d~~'ch ~~, 194' ': ~: ~. . ;- . Mayor Suarez: YO LE DIJE QUE LOS ARGUMENTOS QUE A MI ME INT~EtE3AN, COMO ALCALDE DE LA CIUDAD DE MIAMI, ESTAN RELACIONADOS CON EL $IENESTAR DE TODA LA COMUNIDAD EN RELACION CON LA DISTANCIA ENTRE TIENDAS QUE VENDEN ALCOHOL, NO CON EL ESFUERZO DE NADIE PARA PREVENIR COMPETENCIA. ESO NO ME AFECTA A MI ~~ COMO ALCALDE, PORQUE ESO NO ES UNA DE LAS CONSIDERACIONES QUE NOSOTRO$ TOMAMOS EN CUENTA EN ESTA COMISION. SI USTEDES QUIEREN RESTRINGIR LA COMPETENCIA, A ~.~ LO ME.7dR LA LEY ESTATAL O EL GOBIERNO FEDERAL PUEDA. INVOLUCRARSE ES ESO. } NOSOTROS, DIGO Y0, TIPICAMENTE, NO ESTOY INVOLUCRADO EN ESE ESFUERZO. No, `~ that's lust my opinion. I don't need your answer on that. You can argue with me that if you want some other time, but we're here on a zoning matter, and I ~~ think Commissioner Dawkins was explained to you about why we went back end ~! forth on the distances. You wanted to know that too, apparently. Mr. Cruz: BUENO, PUEDO DECIR UNA COSA MAS? NOSOTROS, LOS LICOREROS AQUI, QUISIERAMOS QUE SE REESTABLECIERAN LAS DISTANCIAS ADITERIORES. CREO QUE SOMOS BASTANTE AFECTADOS. QUEREMOS COMPETENCIA, PERO UNA COMPETENCIA LEAL. TRANSLATION: I would like to add something else. We would like to have the previous distances reestablished. We believe that we're going to be extremely effective. We would like competition, but we would like some fair competition. Mayor Suarez: And you don't think a standard 1,500 foot distance is acceptable? TRANSLATION: NO CONSIDERA QUE LOS 1,500 PIES DE DISTANCIA QUE ES STANDARD EN TODOS LOS DIFERENTES ESTABLECIMIENTOS ES SUFICIENTE? Mr. Cruz: NO, CONSIDERAMOS QUE LOS 2,500 , LOS 1,500 QUE ESTABAN DE LAS ESCUELAS PREVIENEN DE TODAS ESAS COSAS QUE LA COMISIONADA HABLO ANTERIORMENTE DE LA VENTA DE BEBIDAS. YO CREO QUE SE PODIA REESTABLECER... Mayor Suarez: You know, I have a feeling - this is the first reading of the ordinance - I have a feeling that if you get together with counselor and you discuss this that you might not find that you're in so much disagreement. Ms. Dougherty: We'd propose that you have a 2,500 foot separation with an ability of reducing it by the Zoning Board by a special exception procedure. Mayor Suarez: All right, we're back to 2,500. Maybe everybody is in less disagreement than we thought. Vice Mayor Plummer: Are you going to put that same provisions for funeral homes? Commissioner De Yurre: Listen, guys, I think we're missing... Vice Mayor Plummer: No, no, no, no, no, I'm... Commissioner De Yurre: ...no, no, but we're missing the focus on things that we can have. You know, Lucia can't come up and say, now, 2,500. This is something that staff has to recommend. You know, we can't decide this right now. Mayor Suarez: Well, they were... Commissioner .Alonso: This came to us... The recommendation of the staff was 1,500. Mr. Rodriguez: Yes, we said 1,500. Commissioner Alonso: It was their recommendation to us. .Commissioner De Yurre: Fifteen hundred. Now we can't bring it up to 2,500 now. Mayor Suarez: All right, Commissioners, we've heard the arguments on this, 2,5Q0 or 1,5QQ, The rest of the ordinance is as proposed. I think we got that far along. Co~nua~.ealoz~er De Yurrsa Is there a limitation as to how many we cao have in t~~ ~~+~y? ~, CQ-~~~~i~r~4~; Aaw~~~~ r No. '.. i~! Mss Dougherty: rtes, there is already a quota. There's on `~ stores or any kind of liquor license that are permitted in ,, ~ So the fact that you reduce the distance will not incre package stores or liquor licensees in the Citq. i= "' Commissioner bawkins: Why do they always keep turning up in Ms. Dougherty: That I can't... You have such a desirable ne _~-~ i many package - Gity at ali. the amount of ieighborhood? ~rhood. ~- "' .. .. .. Vice Mayor Plummer: It's called the old supply and demand. ~~ €? Commissioner Dawkins: Oh, we the only ones drink liquor. ,;~ Vice Mayor Plummer: No, they're going to go where they make money. , ~~ "~ Commissioner Dawkins: I dust want to know. Hey, I 3ust need to know. _ ~ Mayor Suarez: All right, let's go, Commissioners. We got to act either as to the rest of the ordinance, we're in agreement. We've built in your requirements, we've considered your argument. We're either 1,500 or 2,500 ' feet.. Let's choose one or the other. I'm not an expert on this. Lucia tells ~~ us that it really doesn't matter, because we're restricted anyhow by other application of law, so... Commissioner De Yurre: Well, why don't we find out from .our own City Attorney if that's the case. Is there a limit as to how many package stores you can ~ :' have in the City? E` _ Mr. Maxwell: Quite frankly, would have to check. But I think it's based on ~ population, the number is based on population. ~ Mayor Suarez: -Under state-law. i t ? Mr. Maxwell: Yes, sir. ~ Commissioner Alonso: So we have limitations. Commissioner De Yurre: So you're limited then. So there's got to be a limit. _ l Mayor Suarez: There are limitations. - , ~ Commissioner Dawkins: So therefore, as the Haitians get counted and us get - counted, we get more liquor stores. Mayor Suarez: All right, 2,500 or 1,500 is he only thing that-we have to ' decide here, Commissioners. Commissioner De Yurre: Mr. Mayor, I move 1,500. i Mayor Suarez; OK, that's built in to the motion previously made -;or was. it ' previously made? -I think it was. i. ~ ,~ Commissioner .Alonso: Yes, it was. A' .. Commissioner De Yurre: Yes, ~ , ~ ~ Vice. Mayor Plummer: ..Question. . Mr. Maxwell: Fifteen hundred was the figure, ~ ; ~ '.' Vice Mayor Plummer: Axe you also going to make the provision pf .the s , G4ndition~:l u8e, .. ~, ~ : _ Mayor Suarez: Yes. _ ~ ~ 3 ~ : Vice Mayor Plummer: ,.,or a reduction on package stores only? ~ '. ~ ;~ -:: Mayor Suarez: Yea. ~ ~ _ . ~ ~ € l8~ M~~ch ~S~ l~41 ~. - ~: _., e .:. . , - ~~ 1 ,, .. V3Ce Mayor Plummer: OK. Commissioner Dawkins: No. Mayor Suarez: That was part of the motion. That was part of the motion though. Commissioner Dawkins: OK, that's not my vote. Commissioner De Yurre: On all package stores, you mean. Nat those that are.... Vise Mayor Plummer: A11 package stores, are you going to allow that to be a conditional use to be heard individually by this Commission? Commissioner Dawkinss We 11, for my vote, I will only go for 1,Sd0 feet. Vice Mayor Plummer: Totally. Commissioner Dawkins: Period. Vice Mayor Plummer:. Yes, well that's... Commissioner De Yurre: And no review, no exception? i`: Vice Mayor Plummer: I disagree with that. ,E Commissioner Dawkins: None. .Well, hey, only for those that come. like i' Walgreen or what have you, who... ~f Mayor Suarez: That's why we were trying to build that exception. is Commissioner Alonso: That's the special exception. ~ Commissioner Dawkins: That's what. I'm .saying. But. he's saying for:.. what are you saying, J.L.? -because I don't know. Vice Mayor Plummer: I'm saying, for any package store. ,~' Commissioner Dawkins:. See, he`saq any. ~~ Vice Mayor Plummer: Any. _~,,~ ~ ~ i Commissioner Dawkins: Any. ~ { Vice Mayor Plummer: OK? Whether it's associated with something... ~' '! ' , ~: Mayor :Suarez: But .that meets the: criteria of the .statute.-.that we'rer., ~; ,, ;, Commissioner Alonsos Exactly. ~{ - . ~ _ _ Mayor Suarez: Right. Of special use except on includingadverse.°affect, _. ,_ . Vice-Mayor Plummet:: Heys as long as wa retain the control at L•hia>Commission level,. three v9tes, to say yes or no, ~:4~ Mayor Suarez: And with the criteria that were previously discussed, including adverse affect on a neighborhood.. ~%~ ~:,~ Commissioner Dawkins: But the word "any" means "all, every, inclusive, and ~:.. whatever. " _ ~~ ~, :~,~ ~_ Vice Mayor Plummers That is... 4 _ .. i V-. GQ~auiasionar pawk~.ns: Tak4 out the word any andsaq "theses that wa. Take out the word and say "those that we approve," qou got me. - ;~, fi~r-.... f~f ~ . . . _ ~,, , - ;. MapQx~ Suarez: So underat9od, ; ~ _ :, ,, r Co~i$si4ner Dav~kins: ~~tt ~t p4~ $ay "amy," you ~asa_ma, . ~ er .- - ~. ~. ti ~.'. _ { 1 A f ~ .. .... * .i 'y -. ~ ~ ~. -~ M~~or Suare~f So understood to mean not any grid all, but those that meat those requirements and are approved. please, folks, so that we can ha~re oansensus here. I think it's dust a terminological di£~erence at this point. So Moved. has it seconded? is .Vice Mayor Plummer: Yes. ' i Gommisr~ioner Albnso: Yes. Mayor Suarezs Yes. Read the ordinance. j Mr. Max~ells I've read the ordinance. i Vice Mayor Plummets Cail the roil. ' i Mayor Suarezs Call the rail, quickly. Vice Mayor Plumider: Yes. AN ORDINANCE ENTITLED- AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY STANDARDIZING THE DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES IN COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS TO FIFTEEN HUNDRED (1,500) FEET, $UT PROVIDING FORA REDUCTION OF SUCH DISTANCE SEPARATION REQUIREMENTS BY THE 20NING BOARD FOR NON-COP PACKAGE LIQUOR STORES; ESTABLISHING PROCEDURES AND CRITERIA _ .FOR EXCEPTIONS; CONTAINING A REPEALER PROVISION, ;. - SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. - - Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed. on its first reading by title by the following votes "AYES: Commissioner Victor De Yurre ' Commissioner Miller J: Dawkins z Commissioner MiriamAlonso ~~ ~ Dice Mayor J. L. Plummer, Jr. _4, Mayor Xavier L. .Suarez - "NOES: None. :; F.. 'ABSENT: Nane. - ,. .:,: - ,,,i: The City Attorney read the- ordinance into. the public 'record and '.F announced that copies were available to the members of the City Commission`s3nd '°~ to 'the public. ,, '`Mayor ''Suarez: `And Orlando and sir, would you .continue to be advised by- the ,. = attorney who. comes here on behalf of a mayor development, obviously, back there;'Lucia, and that wants to work with you and try to make sure that no .one is :3~ssnehow in a noncompetitive mode here. OK? I see that she's all eager to - helpyou~so that we don't-have-disagreements and 3t turns. out we ds»z!t really have . 3 i .F 'r. ~:3' ~~ ~~.., ~~~' :~ ~ ~. ~- ,vt ,.: , F, ~; " _ $ ~ .. ~ - } '{t . i _ ~$3 ~4+~~~i3'-~~~ ~it4l '" ,; . :- ~ ~; 1 ::~ ~' t , s ~ ' § ~ - c 4 ~. . ,. - . i. ak,mn r ___ _ -_ ~. { - iwl:..rWi..wr.~-~~-~~r~~~~~.-~i~i~~:`..~~r4i`iJwa.r~a~Y~rf~.ii-~.Gt-~r--~--~-~.-~.i.ri~~s~~~i~Y+ni~i.YY~arnittitu~ 33. ALLbW LIQUOR STORES TO REMAIN OPEN ON SUNDAYS -REVIEW IN ONE YEAR. ...~.iw.w.i....a..:a~.~..~.~-~r.......~r~wr-~-~...rri.~a~.~:..y~-.w..r.~-....~~.~~..~....~-..~-.~....r~..~....~.......i~...~.~..~~.~.~~-~-.-r ~'.~ [NOTE: INTERSPERSED TEtROUGHOtJT THE HEREIN TRANSCRIPT ARg STATEMENTS IN SPANISH. FOLLOWING EACH AND CRY STATEMBNT, PLEASE FIND THS CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE !!AY RE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL tR'1"rlt~s, TRANSLATIONS WERE MADE BY SERGIO RODRIGUEZ, ASSISTANT ` CITY MANAGER.] a ~ _ ~'` Mayor Suarez: PZ-14. Commissioner Alonso: Fourteen. ' y r Mr, Joe McManus: Mr. Mayor, members of the Commission, item PZ-14 is brought s to you at the direction of the Commission. In your January meeting, you '' directed legislation be prepared that would partially repeal Sunday liquor sales in the City of Miami. It would still allow the December exceptions. And we brought that back to you. You also directed, we notify the liquor store owners... Mayor Suarez: Was there some intimation by someone that no one was taking _ advantage of the ordinance as passed? I thin: it was the ordinance that was - passed on three to two vote with Commissioners Alonso and myself voting against, right? And was there some indication that nobody had taken advantage of the ordinance? Did I hear that? Mr. McManus: I don't think there... to my mind, there wasn't any indication that .anybody was taking advantage. The direction was to prepare the necessary legislation and bring it back. Mayor Suarez: To revert back to the old way. Mr. McManus: To revert back the old way. .Mayor Suarez: OK. , Commissioner De Yurre: Well, what are you saying? -that people aren't opening up ;on Surt:'ays? Mr. McManus: No, this was prepared at your direction. Mr. Sergio Rodriguez: There was no discussion on that. Commissioner De Yurre: But what do you mean by not taking... Mrs McManus: And it was during discussion. Mr.Rodriguez: There was no discussion on that issue. , Mayor: Suarez: OK, I heard ,that there had not been- too many people .taking advantage of it, but nobody seems to be able to confirm that, So, obyiQUSly.... Commissionar De Yurre: Do you open up on Sundays? ._. ,~ Mr. Orlando Garcia: HABLE EN ESPANOL, QUE NO ENTIENDO EN INGLES. ', t Commissiona.r De Yurras SI TU ABRES LOS DOMINGOS? n;: : `' k~r. fascia: $I. s_' ,. . -:~' Commis$lQaar Da Yuma; Ao you op~sn up on Sundays? ~s r ,; ; Q~.- G~amsaiasin~er Al~ansQ: Actually what. we did is we asked thaw to tome ~~tck in ,~ ~ .,,. .: A: '°t `'~ t 1 Mayor Suarez: Right, and 1 think we recently have the indication aitho~gh eve ~oanted to change our minds on the whole project. Commissioner De Yurre: ~`ernando, do you open up on Sundays? Z`U ABRES LOS b~OMIN~~S LA... Everybody opens up on Sundays. .. :ronutissioner Dawkins: They open up whether you allow them to or not. We just la~ali~ed its They open every Sunday anyway. Mayor Suarez: All right. Vice Mayor Plummer: Well, but wait a minute, whoa, whoa, whoa! There was a provision that if we did that, they would do something else and they ha~ten't r-ecessarily... Mayor Suarez: Maybe that's what it is. That they were supposed to make some sort of a contribution and maybe that's what we weren't taking advantage of. Commissioner Alonso: They didn't understand the message. Mayor Suarez: Meeting the obligations. .More than meeting - accepting the privilege. Vice Mayor Plummer: A ha! Commissioner Alonso: They were doing too well on Sunday. Commissioner De Yurre: TU PAGASTES EL BILLE? Mr. Garcia: VOY A SOLTARLO AHORA. Commissioner De Yurre: AHORA ES LO QUE VALE. Mr. Garcia: EL PROBLEMA ES QUE NOS FUIMOS DE FECHA. _ Mayor Suarez: He's getting ready to "pay the piper" is what ,he said in good slang Spanish. All right. Where are we so... We were considering here going back `to the 'old: system. No opening on Sundays. - ~< Mr. Rodriguez: You were considering that and we prepared an ordinance to that .effect,-but the recommendation from the staff is to allow the liquor stores to, be. open on Sunday. Mayor` Suarez s OK. Vice Mayor Plummer: Se'quietl We don't want to hear that yet. Mr. Rodriguezz I thought he was asking me... Mayor::Buarez:. OK.:. .Vice :Mayor:.:.-Plummer: .Now:.. ' Commissioner Alonsos .We .want them.. closed. ~ .. .,, .,_ Vice Mayor Plummer: Yss, sir. .We're going to close them. i r.> :„ { z Mayor. Suareze The recommendation really-seems Ito follow what you,-would like `~_ us to ~• do : except for -that -fact that we don't 13eem to be getting the ~. contributions that we're supposed to be .getting. They're not really :: vq,iuntary,;.are they? ;F ~.~ `;, >; C~~asssio:3~er Al.oneos Well, yes.,... o~ course. ` M+~yor Suarews They eta vgl:untary. ~` Gommise~.,oner; Aloasp: Yes. . _ . ;; t r Mayor Suar~:z: Oh, they're very vaiuatary. ` C~mm~aeiQx~ex ~~,c~mso Yoe, .F r - _ ~~~.. - - ..., ri_ ~ ~ _ ____ _ ~~ _ ,~ R' ,_ :- Mayor Suarez,: they're one o£ those kind of voluntary. tlhhhhhf Commissioner Alonso: But they have no generous, so... i -' Mayor Suarez: But we have a scale of what they're supposed to be? y Vice Mayor Plummer: Well, they were the recipient... the collection agency, I understood, was agreed upon to be CAMACOL. ' Commissioner Alonso: That's right. ~' Mayor Suarez: Ahhhh. Vice Mayor plummet: And at this point, CAMACOL has not given me any kind of a reeding that any of them have been forthcoming. Mayor Suarez: I see. _- Commissioner Dawkins: Ask the assistant director of CAMACOL, he can... Commissioner Alonso: That's right. He can answer. - Mayor Suarez: The collecting agent has now been coming up with the voluntary } contributions. All right, Commissioners... Vice Mayor Plummer: They volunteered the contributions, we didn't demand it. ~' Comtissioner Alonzo: That's right. Mayor Suarez: Right. The PZ-14 item is before us. We must act. I presume you want to say something on it. I think you've been sworn in. If not... Commissioner De Yurre: They're from the County, he's from the County. He's f th C t h' t tom. a oun y, so e s go ... Mayor Suarez: The.County? No,.he's president of the association. Mr. Pete Izaguirre: I-.represent the.. stores in the City of Miami. Commissioner Dawkins: A11 the liquor stores. Commissioner-De Yurre: But do you have any business in the .City? i Commissioner Dawkins: No, he represent all the :cities.-- ` _ ,. Mayor. Suarez: Yes, he has business in... T, Vice,,Mayor Plummer: It's all right, we'll accept his donation. i Commissioner De Yurre; Well, I'm ~ust,asking:a question. Commissioner Alonso:. Ask him the question. Mayor Suarez: .-All right, whichever. He wants to speak. Make sure he's sworn in, Madam Citq Clerk. ~~'- .:: ..Commissioner De Yurre: Qh, he wants... You going to make a contribution too? - Mr. Izaguirres I doa't have anything to say right now. ~,: s;' } Mayor Suarez: You have nothing to say. Then don't swear him in. - ~{. a. `~ Commissioner De Yurxs: Well, then, you see... ~~` ' ~'~: ~. Mayor Suarez: All right, does anybody have anything to say? t~ I ~ ~ ~_ U, .' ,, ~. Vice Mayor ~'iuanner: Somebody ~ette~' start tak~.ng .becaues what' a _before us -;is ~ ~. : .. to deny, i ~ , eb ~~33''^^'' ~~~3 ..," ii _ ~orumisQionel'Alonso; That's right, ~ - ~ . ;` ,; :-: , ; . ~~€~' March `~8,';~9~i,, •¢ _ _ :$, r. ,.,; 14_. ~. ~ Y. - ~- ,. i ~- Mager Suarez: Ali right, he's bean sworn in, you've been sworn in, ga ahead, translate, please. Vice Mayor Plummer: Somebady better start taikirig loud and long. ' Mayor Suarez: Thin is incredible. Mr. Garcia: LA CULPA B'tJE MIA Y YO LE PIDO ~3tCUSA A TODOS USTEDES. TRANSLATION: This is my fault and I want to explain to you what happened. Mayor Suarez: This is Orlando Garcia speaking for the record. Mr. Garcia: LA VET ANTERIOR, CUANDO SE NOS DIO SEIS MESES DE PROBATORIA, N050T~tbS, TODOS LOS LICOREROS QUE IBAMOS A ABRIR LOS bOMINGOS, NOS COMPRbMETIMOS A DAR $Z50 PARA CAMILLUS HOUSE. TRANSLATION: The last time when we were given six month probation, we all agree, all the peoples that were going to open on Sunday, we agree - commit ourselves to give $250 each toward Camillus House help. Vice Mayor Plummer: Three fifty. Mr. Garcia: PERO YO PENSE QUE... Mr. Rodriguez: And he said, Commissioner Plummer said that he understood $350. Sorry. Commissioner Alonso: DICELO. Mr. Rodriguez: EL COMISIONADO PLUMMER DICE QUE EL ENTENDIO TRESCIENTOS ~,- ~' ,, CINCUENTA DOLARES. ~- ,y ~~ ' Mr. Garcia: NO, DOSCIENTOS CINCUENTA. ~ Vice Mayor Plummer: No, no, no, no, no... TACANO. ; Mr. Garcia: Oh, no, no. YA ESTAN LOS CHEQUES HECHO. ~ ~; ~, _ Vice Mayor Plummer: N0, CHICO. TRES, TRES.. NO DOS. { i Mr. Garcia: N0, DOSCIENTOS. NO TE PONGAS... 1 Vice Mayor Plummer:. NO VOTA. 'i Mr. 'Garcia: N0, LOS .CHEQUES YA ESTAN HECHO A DOSCIENTOS CINCUENTA DOLARES. '~i ESTA BUENO YA, QUE... ESTAMOS, MIRA... ~ ;i TRANSLATION: We agree to $250. ' ~ Vice"Mayor'Plummer:'POBRECITO, POBRE. ' ~ ~J `Commissioner Alonso: Do you have your contributions? TIENES LAS ~' CONTRIBUCI ONES'' AHI ? -'. : j ' Mr. `Garcia: NO, LAS TENGOS TODAS YO, PERO NO LAS TENGO AQUI, PERO YA TODAS TIENEN SU CHEQUE ARRIBA. ?. ~ 'Vice `Mayor Plummer: Who collected the contributions? / ' '~ Mr. 'Garcia: N0, PERO N0 SE L0 VAMOS A DAR A PLUMMER. ~g ;; :. .'. - Vice Mayor Plummer: Who collected the contributions? 1. `~ ~~ 11 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.. . . f ,,` _ - Commissioner Alonsoi Start fighting, T ~ ~ ,., ,. :` Mayor Suarez:. All right, Vice Mayor Plummer, I know that you .have away of `" ~~` 'turni~6 ~ these 'eery," vary dignif~.ed Camraissioa meeting: into total ci~rcu~es, ` .~ °'"sir, ' b~.t ~ rsa~.ly `wand aek you' not to carry on a conversation with 'the t„j aud9,ence unloes they're recognized, .Now.,, Mr: ~isre~$x '~'AI•~A l'EPRO.`MARt~~S` Y ~'ERNANDO,RODRIGU~~ AEL V~tADERO, _ _ j ~: ' ~~$~' Marcki"'~$: ~~~i ,= f ; ~~~. ,, _-. _ - ,~=, :~ -_ 4.~l 1 Mayor Suarez: Z~K, he referred to two different entities that presumably have E not made their voluntary contribution: s Vice Mayor Plummer: I move that we defer this item. - Mayor Suarez: So moved as to PZ~14 to defer. Commissioner A].onso: Second. mice Mayor P1umm•ar: Continued until they come back and clarify what their volunteer action was, and that they have done such. No, no, no, they close as of now on Sunday, until this matter is resolved. Commissioner Dawkins: As of today. As of this moment, huh? As of this moment. Vice Mayor Plummer: Was it not for a six month time period? Mayor Suarez: No, no, no, the argument:.. the .argument is no longer about-the amount. The argument is about the people who presumably want to take advantage of this ordinance, but have not made the voluntary contribution that has been suggested. Vice Mayor Plummer: Was it not a six month trial basis? If Commissioner Alonso: Yes. ,a s i _ ~y Vice Mayor Plummer: Does it not sunset at the end of six months? ;_ G k. Mr.-Rodriguez: No. Vice:Mayor-:Plummer: Huh? a Mr. McManus: Mr. Commissioner m recollection is it came back at the end of ~ y ~ ' the six months... ' ~ - ; Mr. Rodriguez: For review. ; ,~ ,. Mr. McManus: ..at your January meeting. ~ ~ „ _, _ k ~ Mr.-Maxwell:; Not it doesn't. For review; for review. ~•• ~ ~ ~ _ Mr.>MaManuss:.You:reviewed it at .the end of that six months, and directed the `- - preparation of this legislation, which is before you. __ : 4 =a Commissioner .Dawkins: 'Po do what? z Mr.`McManus: And this legislation before you reverts back to Sunday. closing. Vice Mayor Plummer:. The reason that that came about was that no one of the.' ' group ,.shaWed up, ;here to even express concern one- way.. or the :.other: ~ And?we said., ..,the ..hell .with them. - If tk:ey! re: not :going to :.come .here, et's'. fleny it and get it over .with.. That's why that legislationcame about. :: .,,, Mayor Suarez: OK, the motion before us is to defer. I am going to _hold _, everybody~to the properprooedures here. I'm going to ask you .not to'carry oa ' r_: ,_ conversations in any language; please, with the Commissioners. Let's be more } formal about ahis;.' This`-is not fair-to other people that are waiting to have _ their items heard. So, ws have a motion to defer. Is it seconded? ~° ~ Ma, Hirai: Yes; air,..it is. . `l _ ;r~ ,.. _ Mayor Suarez: Whp seconded it? F ; , ~' ;. '~ ~- ~,, . ~, Ms. Hirai:. Commissioner Alonso did. , , . ,.. ,. : ~;= ~ Mayon ~uareza OK, we' have a taotiQri to defer wittx a secoad, and unless there's - << aay €u~rther discussion from this Commieaion, 4~e will defer, t~hich, by the _., ,, Yi~a~ Heyer, l'~.ummars May.. 1 iuQt~lxe', , ' { ,. K ,. 1~~ Mert~h ~~,. i'49l , . ' , L.~ ~i, :, , Msyor Suarez: ...by the wagf Commissioner, Mr. Vice Mayor, if you t~e~li~~d _ a-hat you're doing by deferring, you'd leave the existing ordinance in piece. Vice Mayor Plummer: No, because I think it sunsetted. Mr. Izaguirre: Mr. Mayor, Mr. Mayor... _ Mayor Suareza OK, I don't know that it is. I guess not. I guess not. Vice Mayor Plummer: It sunsetted at the end of six months was my understanding. ,, Mayor Suarez: All right, but I guess the City Attorney is shaking his head... Commissioner Alonso: No, it did not. It did not. Mayor Suarez: ...so it would be back to the existing ordinance. Mr. Maxwell: That's correct, Mr. Mayor. The ordinance that was originally .passed allow... Commissioner Dawkins: Yes, you're back to the original ordinance before you... Mayor Suarez: Please, please, please! ' Mr. Maxwell: The ordinance that was originally passed permitted Sunday sales. ~;: r It provided for a six month review, not sunset. So, unless you... Vice Mayor Plummer: Oh, I thought it was a six month trial. Mayor Suarez: That's what I just said. That's what I just said. { ;{ Mr. Maxwell: No,-sir, unless you act today. Mayor Suarez: The ordinance remains in effect. All xight. Please. Vice Mayor Plummer: OK, let me ask... :} , i Mayor Suarez: We have a motion to defer, it's been seconded. It does pretty i much he opposite. of what you hoped that it would do, Mr. Vice Mayor. ,~. Vice°Mayor.Plummer:. I withdraw the motion. A question. ~ } ., '~ Mayor. Suarez: Withdraw. the motion, thank. you. ~ :} 1~ 'Commiss.ioaer Alonso: Yes. v#. _ , ~: ° ;~ Mayor. Suarez: -What do you want to do now? ` >Vice Mayox-Plummer: To .the gentleman who represents the association. 'How , many stores in City of Miami would come in total number under this ordinance? Mr. Izaguixre: Thirteen. r Vice-Mayor Plummer:: There's only 13 stores that could sell an Sunday? ~: Commissioner De Yurre: No, no, no. In the whole City.. ~ F: .. ) Mr. Izaguirre: No, ao, no. Yes,. but... p ~;#_ ~- Commissioner De Yurre: He's talking about the whole City. i ='~ > ~ ~: Mr. Izaguirre:;~ Ws represent only the Hispanic, the Lana stores. Vice Maycax ~lummess But this ordinance dassa't sap Hispanic, b~.ack or Anglo, T~aia is liquox storks." ,, t Mayor SuAr®~~ po yQU kt~4w how ~aaap atQxe~a wc~u~.d, be ~over~d by this ax~dinance? dice MsyQr ~~,aammex': > How many dotal? , ... ~ . I;, ~ i84 ; ~a~ch 2~, lp~i~ : ~i ~ F t `, ~, u :.~;; .~ __ ,. - - ~:. < < - ~ +~ Mayor Suarez: Mr. Rodriguez: If you know. Commissioner... ,_ -_ >- Mr. Garcia: TREC~ LIQUOR 3TORHS. Mr. Izaguirre: N0, pPttO EL QUIPftE SASHR CUANTAS LiCORERIA5 HAY PN LA CItrbAD b~ MIAMI. Mrs Rodriguez: +Commissioner, we notified thirty. dice Mayor Plummer: Are there only a total of thirt:rf that could apply under this ordinance? Mayor Suarez: That~s what the staff thinks is the correct figure: Mr. Rodriguez: That's what we think at this point. Mr. Izaguirrea .'The thing is; I can only speak for 13 stores because the other stores; Mey~or:Suarez: We know that. You said that. V ce'Mayor Plummer: Sir, we understand that, and, you know, this is not a Latin ordinance or a black ordinance, and Anglo. This is for whiskey stores. Mr. Izaguirre: I understand. ~. Mayor Suarez: It's not a Latin or an Anglo or black right now. It's headed towards being an illegal ordinance unless the Commissioners make their proposals based on the considerations that we can hear here, folks. So please. be:.very very- careful that we don't engage in negotiations over voluntary contributions. Now, do we have anything that any Commissioner wants to ~~~ proposed Do`you want to make a statement, sir? - Mr. Izaguirre: ,Yes. All he :wants to do .is to commit to a time tomorrow .to turn in-.the checks. He has them in the store. He just didn't bring them. Mayor`:Suarez:- OK, so you're saying that the people you represent, there being ,' 13 of them,: are inclined to make a voluntary contribution of 13 times $250 in ;, the; next 24=hours:: 4 ~~. ~, t; " Mr. -Izaguirre: ~ Yes; sir.: That's correct. - ~ .t t ~ ` Vice Mayor Plummer: No, sir,.that's not acceptable to me. . ~'. Mayor Suarez:, That's nit:.. i' ~~"~: ~~ Vice'Mayor Plummert No no, ,because there is no way... R ~` Mayor Suarez: The issue, Mr. Vice Mayor... ,. Vice Mayor Plummer: Tt is illegal. .- - .. - . Mayor Suarez: ...T am just taking into the record his proposal. Now, does 'any Commissioner hayinS,heard that,.-want to propose anything on.PZ-3k. If .. not,''.S am going to,.g~ on°=to P~-15`, >£o1ks. - ` Vi.ce~ Mayor.: Plummer: OK; ~ set` me eay to -you, Mr. Mayor. - { 4 Mayor Suarez: Yes, Mr. Vise Mayor. - - r ~. , Yl.ce Mayon Plummer: Than the 13 than are going to surrender the check tails ' `" going t ma tk~et'there- is'= 17 that' ere: o got s~ff Scot: free, Aid T'm AQt gAiAg ` ;.; ~or~ trhat;. ~. . ~ ~~, ~. ~ ~,- . take any notice of any of -that under the law ap I'ta ~~ Al~' ~13at1l~i ~ may not ~ ' ' `,aPpris-ed it 1s, you know- and two of us ate against this whole thing. _ ~~ T ~' ~~ ~he '~~~~~±~laiy~~ ~ium~u+ar: ' ~~t; is :uy uadergt;ending< whether I us9 his mwaber ~Q~ i . '~tii~~~i~ty=~v'~a~'~.tt~~~isz'4di' Qt the``three~fift<y i ,~ta~da~'stoodr` xktst CAMA~QL>sbQU~d fie' ~ ~~.x~aei~t o~ ~7,~pp. IP there. ate 90 ~tor~as. . l~~ ~~~h ~~~ l~i~~ ~~ . _ ' ~' - __ __ _ _ Commissioner Dawkins: No. mice Mayor Plummer: Yf there's not $7,500, thank you, good-bye. Mr. Izaguirre: But we've no Control over those stores. Vice Mayor Plummer: They notified thirty. __ Mr. Garcias TRADUCEME QUE FUE LO QUE DIJO EL, PORQUE"YO NO ENTiENDO NADA. Mr. Izaguirre: EL DICE QUE... Mayor Suarez: OK, wait, wait, wait, Orlando. What was stated -~ do you want to try. to say what was stated, Mr. Assistant City Manager, in Spanish, please, _ please! ._ Mr. Rodriguez: LO QUE ESTA DICIENDO EL COMISIONADO PLUMMER ES QUE TRECE PERSONAS SOLAMENTE CONTRIBUYENDO VOLUNTARIAMENTE LA CANTIDAD DOSCIENTOS CINCUENTA DOLARES NO REPRESENTAN A TODAS LAS PERSONAS QUE SE BENEFICIAN DE ESO, PORQUE HAY OTROS DIECISIETE MAS, POR LO MENOS, QUE TAMBIEN SE BENEFICIAN POR ESO. Mayor Suarez: And he said that he would want co hear of a total of $7,500. Is,that correct? Thirty times $250. No, $75,000 is what the amount comes out to be. Mr. Rodriguez: Seventy-five hundred. Mayor-Suarez: Or is it $7,500? Commissioner Alonso: No, it's. two-fifty by thirty. - Vice-Mayor.: Plummer: No, it's $7,500. Commissioner Alonso: No, seventy-five hundred. Mayor .:Suarez: Seventy-five hundred dollars would be the kind. of figure that he would be interested in hearing about. ,;. Vice Mayor Plummer:. That's what .they. volunteered.. ~ ,_ ~. -~: Mr. Garcia: One_.moment, please. NO ES ASI COMO EL DICE. ES QUE LOS DEMAS NO fi -;, ABREN, Y:SI NO ABREN.NO.TIENEN POR QUE-CONTRIBUIR... QUE EL-LO PLANTED EN-LA _; REUNION. Mayor~Suarez: --0K, let him translate, please.. - ;t Mr.~~.Rodriguez: -He,'s saying that the others are: note opening on Sundays. So if - they're not opening on Sunday, they don't want to contribute anything. '~. - Mayor Suarez: They're not taking. advantage of the ordinance. _,_ a - Mr. Rodriguez: They are not taking advantage of theordinance. ,- Vice Mayor Plummers Yes, but here's the problem.. Legally, we cannot:charge a - ~_ - feo .f+or them to ppeni on ,Sunday. OK7 ~ . ~~ . ' 4 r. Mr,,Rodrlgue~a BL PR08LBMA $S QUE... ;~ ;~ °r_ y; ' V~GS Mayor P~.vuq:Der::, Ether- the industry wants it, or the industry does not -~_ ; ). . want it. We cannot speak to individual stores, -, .. .: .,~ '~' _. . _ ,. Mr. Rodriguez: EL PROBJ~t~A E$ EL SIGUIENTE, NOSQTROS N0 PODEMOS i.EGA~.MFNTB _~ _ ~A~R~#R NI~iGt1~tA _CA~'~I~~,A'-PARR ~t,~; ~JS~ED~$~ 49~~tAN LOS AQM~~I~OS. 0 SSA,- QUB I.,A ,,,~ -` INDUSTRIA QUIERE QUE. 8B AB~tA ~QS Dq~IINGOS, CQMO LA INDU6TRZA GOMPLETA, ONO LQ ;~` ,> - ; _ ~~~~,:. ~Gex~ia: , FOR FAVOR, k'I,~~1~, ~$~ - ~S tJNA CASH MuX REI.ATIVA, ~Y ilIQT~!QR , , ~ .7- _' $~AR~S Q[JE N(9 1,.~5 ~QNVIEN3~ AB~ti~i I~Uf~ At~~I~NG~IB PQR~~7~ ~T4 ~~BT ~1~$~C~PNTB '~ 'i1~~1~A '~~,~1p. ~'i1SASN APRIR. PQRQUB i~~ t'~B~~A ~1~~ AiN~RQ ASRIR Q~JB C~~tRAR ~, ~~?~ ~e~c~ ~#; 1~~.~ _. ,~; _ .._ ,,: rte ' ~. ~ - ~ _ ~_ -- - --_-_ _ __--~ - __. ~.:T,. ~ . ~_ = = . ~ ~~ `~ ~t3ANSI.ATI0~1: CoriSmissioner P1um~ier, this is all very relative, there era soma people that don't want to open on Sunday because they don't have enough sales to 3tlstify to do so, so... ~~ i Commissi+~ner bawkins: So they don't pay the two-fifty. ~~~ Vine Mayor Plummer: But you can't do that, Miller. " Mayor Suarez: But, Coinrnissioner~ .. Commissioner bavvkins: Noi no, I said, but if they don't open, I mean, they ~` don't have to pay you i'E they don't.... Why should they pay you the money if -= they don't open? -~ Mr. Izaguirre: Those stores that... _~ Mayor Suarez: Because he multiplied $250 by 30, that's why. '- s Vice Mayor Plummers That's why.- :.: Mayor Suarez: All right... Vice Mayor Plummer: I can't believe that there's only thirty. Commissioner Dawkins: All right, well I'll tell you, I do know... Mayor Suarez: Let's have another motion then, please, somebody, so we can get out of here. PZ-14. Vice Mayor Plummer: Yes. Commissioner Alonso: Why don't we defer this item? Mayor Suarez: Otherwise, we're going to move to... Commissioner Dawkins: No, I'm listen... ~:_ Mayor Suarez: ...defer the item... Commissioner Dawkins: I know and if they will back me up, I know liquor stores that open every Sunday whether it's legal, illegal,. or what. They're open every Sunday all day long. OK? Now, those that I know, I will go get the three hundred from, OK? If that will help.. Now, and if they're going to .pay .thirteen, and I'll come up with about thirteen. How many short is that, J.L.? ~, Vice Mayor Plummer: Well, they're saying thirty. I find that very.... Commissioner Dawkins: Well, 13 and 13 is 26, so you're. four short. Mr.-lzaguirre: `Again, I can only speak for 13 stores. Those 13 stores are _ going to take advantage of it, .and they're willing to contribute $300'so that they can open on`Sundays. Mayor 'Suarez:- We heard that. All right, we have thirteen people intending to ~-; take advantage of this ordinance if we leave it in effect, and. if we don't change it, and contributing'$300 per -which I think is $3,900 -contributed... f: to the City's various charitable efforts. Commissioners, what do you want to `• ~, . s~' do with PZ-14? Commissioner Dawkins, I'll entertain a motion. `;' Commissioner Dawkins: I move it. ~~' Mayor Suarezs Moved to retain, in effect, I guess, the Sunday... ,: ~; ~ ` Vi~e'MayQ~' Plummer: You're moving the ordinance as preseate+d? >Tp d$ny. .. ~ ~ ; , -'.f. 1~ayoz Suar~~s ,..the Sunday permissible liquor salsa.., _ °`_ _. Commsaioner A~:wkins: Y~:e, l~c~uor sales. _ " Mayc-~•`S~sax~z: ... during the hours in Quaati.on. ~ , ~s `~ - ~ ~7aF ~4eroh fs477 1~~~ i ,. r , , ; . _ _` ,, ~ominissioner be Yurre: With a one year review? Cammisaioaer Dawkins: Yes, with a one year review. Mr, Maxwells Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: Mr. Mayor, I think the record needs to be clear that the monies ~_ - that have been discussed here are not for purposes of voting yea or nay on the ordinance. That's Just purely voluntary... ~__ 1_ Mayor Suarez: So noted into the record, and maybe somebody can tell them that t in Spanish. Would you tali your Clients that, of course, this contribution is }_ entirely voluntary despite the appearances. All right. ~- '- Mr. Rodriguez: Mr. Mayor... ~ ~' ;,; Commissioner Dawkins: And also, I agree with you. There are some neighborhoods in which the people are very, very religious, and they don't buy liquor and they don't open. So I don't have to worry about them opening on Sunday, because they don't believe in it. So, you know, we're sitting up here arguing about something that does not affect everybody. Vice Mayor Plummer: There is no warden. Commissioner Dawkins: There are some areas out here that's not going to let _ you or nobody else open a liquor store on a Sunday. __ Mayor Suarez: OK, but we got to see if this matter passes. We got a motion. Do we have a second? Mr. Rodriguez: Mr. Mayor... Commissioner Dawkins: Second. Mayor Suarez: Yes? Mr. Rodriguez: I don't believe that you have to... Commissioner Dawkins: I moved it or second, I don't know. Mayor Suarez: By Commissioner Dawkins. Yes. F Mr: Rodriguez: I don't believe tha*. you have to take any action, because, the ~,; action was only to repeal the opening on Sunday. E ,. , Mayor Suarez: All..right, if we were to take ro action, then that would be acceptable to or in line with what Commissioner Dawkins would like to do, ~:- _ Vice Mayor Plummer: Well, they remain open free of charge. ~ 1 ' ~` Mr. Maxwell: Correct. c Commissioner De Yurre: ,..one year review and.... - ._ } Mayor Suarez:. OK, do you want to then have a motion on another review? -is ';` that;an order? ;~ ~ Mr.".-Rodriguez: It's up to you. i. --f~f Commissioner Dawkins: Do I have to make a motion if we want to review it itt `~" i ;one. year? ''' ~~ Mayor` Suarazs - Xes. ..The motion is now. to leave the ordinance as:"ia,;aril ~ ``` jjjj review in..:.a year, _ - ~. x. i.. j ~' Mr. Maxwell: Come beak in one year? j Vice Mayor Piumm®r: T#ey ain't going ta" pay, They ain't gal.nB to pay, ' psri.asl ~ _ ~,`'. , . "" ~ . '~. ~ " i9~ Maxeh 2B, ~94~ ~" " F ~ - Commissioner De Yurre: Every gear, the review is going to pay for coiieotion. Mayor Suarez: OK, so moved by Commissioner Dawkins. bo we have a second On that riot ion? Commissioner De Yurre: Second. Mayor Suarez: Seconded by Commissioner De Yurre. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION N0. 91-250 A RESOLUTION RELATED TO ALCOHOLIC BEVERAGES; DIRECTING THE CITY MANGER TO PLACE ON A CITY COMMISSION MEETING AGENDA ONE YEAR FROM THE DATE OF THIS RESOLUTION FOR FURTHER CITY COMMISSION REVIEW, THE PROVISIONS OF ORDINANCE N0. 10772 (CODIFIED AS SECTION 4-3(C)(4) OF THE CITY CODE) WHICH ALLOWED SUNDAY SALES BY PACKAGE LIQUOR STORES (NON-COP), THE DATE OF SAID REVIEW BEING SCHEDULED FOR APRIL 9, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre,. the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Mayor Xavier L. Suarez r NOES: Vice Mayor J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING Commissioner Alonso: Vice Mayor Plummer: OK? Mr. Maxwell: What yo - Sunday sales back for ~ Commissioner Alonso: - Mr. Maxwell: Right, 't Commissioner Dawkins: r; Mayor Suarez: OK... Ms. Hirai: Vice Mayo Unidentified Speaker: Mayor Suarez: No, n ceiling the roll. Ple 'Vice Mayor Plwmnaer: is that we're going review it a year from ~:; +~Qromiaaior~Q~ Dawkins; May+~r S~aa~eg: Aigk: x~luntar~- tead~r, . , }, ;. ROLL CALL: You don't want them to come back for review? No, because we"re not making any grovisions whatsoever. u're voting on now is to bring the ordinance that allowed review in one year. That's right. Commissioner. Call the roll. Complete the roll call. r, he votes no? ? !,j Excuse me,.. o, no, you are not recognized, Fernando, please. We're ase. ~. ~~ In other words - let me understand -what you're eayin$ ;~ to let them continue with~jut anything aloe, and we'll new. That~s my motion. t, l~urauant to, anci t,a~lerstanding that that Wa:s a l~l+ ~1a~rc~ ~~, i~~i ti, ~. Vice Mayor Plummer: No, well voluntary means nothing. They haven't done anything in the six months. Mayor Suarez: Well, it may mean something to the maker of the motion that it... Vice Mayor Plummer: I'm dust asking for clarification. Mayor Suarez: ...that is less than what we would perhaps like to do, but cannot legally do. A11 right? So, continue the roll call. Vice Mayor Plummer: I have to vote no. Mayor Suarez: All right. 34. FIRST READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING DISTRICTS (C-1 RESTRICTED COMMERCIAL) -PERMITTED PRINCIPAL USES - TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES) TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS) TO PROVIDE FOR BARBER AND BEAUTY SHOPS AND MEETING HALLS; CBD CENTRAL BUSINESS DISTRICT; TO MODIFY INTENT, SCALE, INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF-STREET PARKING REQUIREMENTS; ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), ACCESSORY BUILDINGS - BY PROVIDING FOR NON-HABITABLE ACCESSORY STRUCTURES AND LIMITATIONS ON LOCATION; FENCES, ~- =~__ WALLS AND HEDGES, TO LIMIT HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; ADD NEW SECTION TO PROVIDE STANDARDS FOR ALUMINUM RECYCLING MACHINES, etc. (Applicant: Planning, Building & Zoning Dept.) Mayor Suarez: PZ-15. ~ - Vice Mayor Plummer: You got it. Mayor Suarez: Planning, Building & Zoning application... `~-. 1' _ Mr. Joe McManus: Mr. Mayor, members of the Commission, this ordinance is {"~ . before you on first xeading and what it'stems from is both the downtown'Miami ~~- Master Plan, and the need to pick up some of the items with regard to our CBD '~ zoning district that were left out in transition from 9500 to 11000. ~': c:, Mayor`<Suareza OK, is anyone-here in opposition to PZ-15? -Planning and Zoning ,; item,. approved - recommended by Planning, approved by the Planning Advisory '~~. '{~ Board:<eight to one. Let, the record reflect, no one stepped-forward. I'll '~ entertain a motion on it. t Commissioner De Yurre: Move. ' ~, Mayor Suarez: Moved by Commissioner De Yurre. Commissioner Alonso moved {. ~ ~ papers..around, that's close enough. ' `t Commissioner Alonso: Yes. ,. -Mayor Suarez: Seconded. PZ-15. Read the ordinance._ Call the roll. [' ~' ~ - F~< ' ~. ~ :~ +i. - ~~. F~. j ;_ ~e ~'~• r ~ ~; - ~~~ ' ~ls~r~h 2~~ ~44i - _~ ,~~' Vii; ~~ i ~ AN ORDINANCE ENTITLED-- AN ORDINANCE AMENDING ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF` THE CITY OF MIAMI, FLORIDA; MORE PARTICULARLY, BY AMENDING ARTICLE 4 ZONING DISTRICTS, C-1 "RESTRICTED COMMERCIAL", (PERMITTED PRINCIPAL USES), TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES) TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS), TO PROVIDE REQUIREMENTS FOR BARER AND BEAUTY SHOPS AND MEETING HALLS; "CBD CENTRAL BUSINESS DISTRICT", TO MODIFY INTENT AND SCALE, INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF'-STREET PARKING REQUIREMENTS; ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS SUBSECTION 906.4, "ACCESSORY BUILDINGS AND OTHER STRUCTURES, BY PROVIDING FOR NON-HABITABLE ACCESSORY STRUCTURES; LIMITATIONS ON LOCATION", TO ALLOW ACCESSORY STRUCTURES TO BE LOCATED CLOSER TO THE STREET; SUBSECTION 908.8 "FENCES, WALL AND HEDGES", TO LIMIT WALL HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; AND BY ADDING A NEW SECTION 940 TO PROVTDE STANDARDS FOR ALUMINUM RECYCLING MACHINES; ARTICLE 25. DEFINITIONS SECTION 2502, "SPECIFIC DEFINITIONS", TO PROVIDE A DEFINITION FOR BIBLE STUDY CLASSES; CONTAINING A REPEALER PROVTSION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None, ABSENT: Commissioner Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: I can't vote against bible classes. I vote yes. ~: d a'' ~~ 1, ~3 r ', ~W`ua~as'rwa...arr~rrrr-~r~.~~r~rb~.ii.is~i.wsuJ r~i~~:rrVw---~-.'~W W.r6wri~~~+riwl.wrw JYL~irlwr.u+riYariiLlG~wW~~..~in.Yl ~5. FIRST READING ORDINANCE: AMEND 11000 ~- ARTICLE 4 ZONING DISTRICTS: G~1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ADD AMBULANCE SERVICE AS SPECIAL EXCEPTION, AND PROVIDE ~'OR EXPANSION OP' E~CISTING ` AMBULANCE SERVICE BX CLASS II SPECIAL PEEtMIT, ETC.; C-2 SIGN REGULATIONS, TO ADD SERIES OF SIGNS AND THEIR LIMITATIONS; ADD NEW SUBSECTION TO PROVIDE LIMITATIONS ON OUTDOOR .ADVERTISING SIGNS 'ice (BILLBOARDS) (Applicant: Planning, Building & Zoning Dept.). ,a ,:_ i_ Mayor Suarez: PZ-16. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-16 addresses an omission that was made in a transition from 9500 to 11000, where in the C-2 - districts, we had left out the ability of the outdoor sign industry to put in ~_ the billboards. Mayor Suarez: Is there anyone opposed to PZ-16? Let the record reflect no one. stepped forward. This is recommended by Planning, and approved by the PAB, seven-to-two. Moved by Commissioner De Yurre. Vice Mayor Plummer: Second. Mayor Suarez; Seconded, Vice Mayor Plummer. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED- - AN ORDINANCE AMENDING ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANGE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4 "ZONING DISTRICTS", C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ADD -` AMBULANCE SERVICE AS A SPECIAL EXCEPTION AND PROVIDE FOR EXPANSION OF EXISTING. AMBULANCE SERVICE BY CLASS II SPECIAL PERMIT; C-2 LIBERAL COMMERCIAL, PERMITTED PRINCIPAL USES, TO ADD AMBULANCE SERVICE, AND C-2 SIGN REGULATIONS, TO ADD A SERIES. OF SIGNS AND THEIR LIMITATIONS; SUBSECTION 926.15, "OUTDOOR .ADVERTISING SIGNS," TO ADD A NEW SUBSEC`1'ION 926.15.2 _PROVIDING LIMITATIONS ON LOCATION, ORIENTATION, SPACING HEIGHT, - TYPE, AND EMBELLISHMENTS OF OUTDOOR ADVERTISING SIGNS LOCATED WITHIN 660 FEET OF LIMITED .ACCESS HIGHWAYS AND EXPRESSWAYS; CONTAINING A REPEALER' PROVISION SEVERABILITY CLAUSE, AND PROVIDING .FOR AN EFFECTIVE - DATE. Wae introduced by Commissioner De Yurre and seconded by Vice Mayor Plummer and was-passed on its first reading by title by .the following-vote: AYES: :Commissioner Victor-De Yurre Commissioner. Miriam Alonso ~` Vice Mayor J. L. Plummer, Jr. Mayor-Xavier L. Suarez NOES:.- None. ABSENT: - Commissioner Miller J. Dawkins. ;' The City Attorney read the ordinance into the public record..-and ~ announced that copies were available to the members of the City Commi~aivn and ~i ;. to the public. ~. __ _ _ c: - -~ :~~.rr~~~.~.-~_rrrir~i~._~_~i~__~r..~.~..:..~_~_..~.~....~~._yi_r~~_r~.~...~.___i.~_ .~~._~, i.~~......~~.~.~. 36. DISCUSSION CONCERNING NUMEROUS DEVELOPMENT BONUSES THROUGHOUT ZONING ORbINANCE 11000. Yr rJirr~r.i.4rrw+Yrai r-r-.r rrrrrri r...arirrrr~irr rrrra.i. ra~rrrrrrrrirrY.rrrrirriiYii.~~ra+aa+.wi/~liw iii Mayor Suarez: PZ-17 obviously, will generate debate. May I assume that the ones after pZ-17 and 18, are dust Planning Department items that are fairly non-controversial, right up until the last one of the day, which is De Garmo? Vice Mayor Plummer: Nineteen is controversial because of the houseboats. Mayor Suarez: The houseboats? All right, let me dust go through these then. Seventeen, and .then we will get to De Garmo fairly quickly. PZ-17. Mr. 0lmedillo: PZ-17 and 18 are related items. PZ-17 is a discussion item to explain to you what the bonus structures of the zoning ordinance is. PZ-18, remember that this Commission instructed us a couple of months ago to bring back the Sb-19 designated F.A.R, district, article 5, the planned development. Those are... when the Brickell... building 2127 Brickell development was being reviewed by this Commission, and also section... Mayor Suarez: We all thought that being placed in a position of having to approve a bonus of twenty-five percent versus one of twenty percent, right? Mr. Olmedillos Right. Mayor Suarez: ... with a contribution on a variety of .factors which gave us more discretion than we really wanted. Now, let me ask you a question. Why does this... what does the SD stand for, the initials? Mr. Olmedillo: Special district. Mayor Suarez: All right. What I would suggest Guillermo, and Sergio, before you leave, if you would dust listen to this for a second please - it's just a suggestion from me, I am not asking for a vote on it. The SD-1 to 19, and I don't know how manq we have altogether, terminology, is bad. enough without having numbers. If you would 3ust sort of say SD--Brickell maybe,- Special District Brickell, something that at least gives us some .idea that this relates to something real in our lives, rather than SD-19, I mean, you: know. Anyhow, all right, so to the special district on Brickell which provides for a bonus at one point intended, I thought to be a kind of a linkage ordinance,, I mean people being allowed to build more if they made a contribution to a City, I believe it was a housing trust fund, somehow turned into a... Madam former City Attorney, and distinguished attorney, Bob Traurig, please, we have a - whole:new::policy here, we are going to try to hear ourselves. Now that we have adjusted City Hall to hopefully block off the sound from the galleries, assuming people would close those doors. back there. Where are our officers? I am dot-going to go through the last two hours of Commission meetings as we have been doing for, I don't know how many months now, with almost total - pandemoniumhere - .This is not fair to-us, it is not fair to the. citizens. Please close those doors and hopefully, people will walk in, sit down, or stay put.;.- If qou are going to discuss items in the back there. on the left, please, you can go outside and do that. Thank you. We are supposed to have officers .keeping-an eye on traffic. as the County: seems to do .so effectively, I donut know why we can't do it. It's one of the few thing the County does better - than we do. Yice~:Mayor Plummer: I won't even. admit to that. F ~.- J Mayor Suarez: I era sure we would even admit to that. All of a sudden, i, `~ ;: A;' th~.a~s it ! e a new shift for our _ of f icers, and so the .other ones are gone, and ` ~' 'they are not replaced by anybody. Mr. Assl.stant City Manager, would you make :~w earn;-that ;in the future, we have offices.that are replaced by new of~icurs? *~ ~< there is not a.hiatua,.pi~~~~. - AK. What- is your recommendation, Guiilez~ao? ' 1- X091 ~tz~derstocd what our GOncera was that we-have this discretion pieced uppm ' us,•o~'g~.vin~ a twenty o~ twenty-fl.ve per-cent bonus. We voted f~vorebly, ss.a ~~a~asiQa, An Bristol Towers. at 2127, but eve are cQncerna+d i Mink, mare thsih one af. us,. sa :many `~s ; th~ae '+~f ua, or maybe all five of us said, why ~doa't we gel rl.d oP this; ba~u~a system. :What do you recortunend3 ~.. ,, ,; ,, ~- ,. i~$ ~ts,rch 2$, 1991 ,: ,:>. _ g _ __ _ __ _ _ _ .4 ., Mr, blaiedillo: bur recommendation was that you keep article 5, Manned development, because that gives a discretion of reviewing through pubiie hearings, the proposed development. And it gives you the discretion to go frotn no percentage increase, up to twenty percent. It is also... Mayor Suarez: What do we get for it? Why do we do it7 Why don't we dust specify what we would like to be the ideal F.A.R. instead of having all these bonusee7 Mr. 0lmedillo: Remember we have the comprehensive plan, so the comprehensive plan has to be the guiding rule. Mayor Suarez: Flexible, Mr. Olmedillo: We cannot get out of the comprehensive plan. The comprehensive plan establishes the density of views. So if we have a hundred, or two hundred, or three hundred units per net acre, that is the ceiling that you can have there. So the comprehensive plan provides you with guidelines, so that you cannot go beyond a certain point. Mayor Suarez: But you are saying, within that ceiling of density, in terms of per units, typically, that's the way the comprehensive plan expresses it? Mr. Olmedillo: Right, sir. ~ ~ ~w_ µ Mayor Suarez: Then you have a certain flexibility up to twenty percent, let's say, .for F. A. R? -for total space. Mr. Olmedillo: That is correct. And being a major user, you can apply any reasonable conditions that you may consider. The difference between... Mayor Suarez: Is that what now exist in the ordinance in the overlay? Mr. Olmedillo: It is. Mayor Suarez: In a special district? Mr, Olmedillo: In the planned development district, which is article 5..-Now, 914 which is the one that you have referred to as the linkage one, that's the _ one that you contribute specifically to the housing trust fund. Six sixty- .seven dol ars per square foot, and then you get an increase, up to twenty-five $~ - percent..: Mayor Suarez:. Right. s ,. Mr.-,Olmedillo: We recommend ,to you and the Planning Advisory Board recommends to,you that we retain that in the ordinance. It's a good provision... ~ Mayor-Suarezs So all bonuses would require automatically, a contribution to ~' the trust fund? Mr. Olmedillo: Under that specific article. Mayor,-Susre~= Well you are not proposing that-we keep both-again, are'gou? O~e,.;that gust«sort. of just .gives us discretion, and. another one ;that pays money:into the trust fund, so we have the confusion that we had last time on this? ,:~ ~ . , ;. Mr. Olmedillo: We feel that the: one, the 914 one, is-.the one that directs the ~. ~,': spone onl to one €und. -The .other one ou make the.' rate the mone to an y y' ~ y > Y Y ~: used that.the City;may have at that point. Mayer Suarez; You are just adding to the complexity. Why would we have. two ~,` -' ~~aparate ,wads? why would we havo two. separate whole .systems? Ail tight, °I ': am beck to-uot wanting auy bonuses, I am back to not wanting any contributi.one ,; ~, d~~- any goads,. because -I think we would probably spent our time better ~.~ we `}_ ~~' set the F „A. R. that people abide by it, and epea~d the rest of our tine look~n$ - ,, :. ~° ts~ '~laahia~t~an, ~~C• the ~Statd and- other ways for f~ndag for our programs, sad ' ~3 not expeot.:the linkage ordinance.. You. have never-taken seriousy,the ~,dea Qf ~; ~. a true Li.nlcagar ~rdiu+aaoe, ~h4ra you make ° ei~eablp oontributioaa, six ` do~.lars ~, ~., and eixty~s$vsn' +c$ats a asluare foot do~a not lead to a rdal trust fad ,for ' ~' ' hosing .that allows uts to build an thl~ , so ,~` - Y ~ yon know, I've glv~n np on you s; x x ~. - ~: i i - ~. .1 _r, __ _~ ,.. - - _ _ _ _ ~ ~ _ guys. Yes. and that his sentiments too, so that's two of us. # have given up totally on your interest in a true linkage ordinance, I have given up totally in your preparing anything simple for us, # have given up totally in gout giving us the right amount of discretion. You guys want to give us way too _ much discretion. You have made the code so complex that we spend hours and hours here, as brilliant zoning attorneys try to convince us that they satisfy complex and convoluted requirements of our code, and the neighbors oppose it. as we did for Bristol Towers, and we have to vote. In that case it was fouri e to~one but it could have been three-toytwo, or two-to-three, or whatever. Sheila, what do you have to tell us? Mr. Sheila Anderson: Mr. Mayor, I think the reason when we drafted, or worked ~-= on drafting on the ordinance, that they were two bonus provisions, and that there was flexibility. Mayor Suarez: There were two bonus provision, yes, but... bring it a little closer to you. Ms. Anderson: All right. The reason... Mayor Suarez: And that confused us even more. Ms. Anderson: The reason that we felt the need for two bonus provisions, and flexibility in that, is that sometimes, you have very large projects in the City, and large developers who can afford to contribute to the housing trust fund, or to other funds in the City. But sometimes you have small projects, and the small projects help revitalize the neighborhoods, and small project in great numbers will be tremendous value to the City. Mayor Suarez: But if there are small projects by definition, they are within _ the zoning envelope, there is no need for a bonus. Actually, I take back what I:said about the linkage ordinance, because linkage ordinance is really for a situation where you have a huge F.A.R. increase, what I'd like to do on some areas of the City. where we really need to foster. development. $ut.what_you are .saying. is that: the bonus ordinance is needed for small projects. Explain that to me. Ms. Anderson: If you want to encourage redevelopment throughout the City, .and you want: to attract... ,., Mayor :Suarez:- But this is Brickell. Why are you talking. about the rest of ..the. City? We-.are talking about Brickell. Ms.,,.Anderson: Well, even in the Brickell area there are areas.... Mayor Suarez: We don't want to encourage redevelopment on Brickell. Who wants to encourage redevelopment on Brickell? Ms, Anderson: -West of Brickell-Avenue. '` ;. .Mayor Suarez: Brickell West. All right.. Let's talk about Brickell West for a second. , Ms. `..Anderson: Brickell .West... even on the east/west. streets in the. Brickell area;; that intercept with Brickell Avenue, you have small lots, .and you have redevelopment... -. Mayor .Suarez: I: donRt want to encourage any more development on anything close~to,Bricksll. 'I think the citizens have made that very clear. I think tha: raffle>pattern>in downtown leading to Brickell makes that very clear. If qou would:.. `at leash-for. my .vote, if you would address yourself to :West Brickall. Ms. Anderson: West Brickell, Central Brioksll, the areas that go:fram.Miami _, . ' Aver~ae wegt to I-95, are. very much in Head o£ redevelopmsnt.~ Some Q~~the~q c~ouhd be ~.arge projects, but large prQ~ect can take... ,~ ~. ,, ,.. Mayor ~uaraz~ And you think a bonus ordina~c~ helps that? Ms. Andars~nt Wall, :the p~aaom Z think it helps it.,; i ~~Q M~~G~i ~~, ~~Qj. r ~„Na~ ,~ ~~ _ Mayor Suarez: Or you are going to try to argue transferable development ~_ rightsi or something. Ms: Andersons No, sir. Mayor Suarez: good. t ~- Ms. Anderson: What I've discovered in working with developers and land owners ;- to .areas throughout the City, is that the taxes are high, the prices of land are quite high, and it is difficult for a developer to make a project _- economically feasible if the project is small. Particularly, the small projects Buffer, and the reason we don't have small projects proliferating in the small areas of town, is that it's hard to find the money to do it. If we have incentives, we can encourage builders to come to the City to build in .the t areas that .are not vital right now. And if they encourage more people... ~:- Mayor Suarez: You know that the same argument could apply to Biscayne Boulevard north of... _ Ms. Anderson: Mayor .Suarez: is... Ms. Anderson: Mayor Suarez: Ms. Anderson: Of course. .., north of the last large structure there, whatever that The. next item on the agenda... ... you know, let's say the Freedom Tower... Exactly. Mayor Suarez: The problem is, with the argument is, I have a feeling that it's not at all what's happening economically. What's happening economically, is, the, people there are expecting that... they are speculating, they: are holding, on to their land,. they .are hoping for a huge project, not. at all, ;. a ,~ small project. They ,don't want to build a small project which is only marginally profitable. They want to build a huge project. They are hoping to - sell ,the land to somebody that will come and :.build a huge project,' and that's why; they. are. sitting on their land. I don't know that .this bonus ordinance .will foster development on West Brickell at all. People are looking to develop Brickell, because that's the glamour area, and they are going to':`sit on ;that land. on west Brickell until ..that become the glamour area,. which may: be _ ten. years from now, or fifteen years from now, I suppose it may never happen, in which case they are going to have been sitting thereon land for. a long `, time; paying :taxes to no avail. ~, _ '. Ms. Anderson: I agree with... '_ Mayor Suarez: But I just don't agree with your economic theory on this - so r. for myself, but I understand what you .are saying. Bonus as you think, would be helpful, and you would like to have both kinds of bonuses? Ms. ~nder~son: I'd -like to be able to .have you have a choice. ~' Mayor;~Suareza.. Us-~:.ta have a: choice. We .can't:; even deal with one-:kind of bgnus,.let,;:alone two, :and :you want us to have a.choice. All right. ~ Ms.~~;Anderaoa: Mr..: Mayor, you deal, very well with: projects, and I think ,qou .;;' dg*~. very.„- wel],~ with the .concept- of the ordinance. And if you have somebody ~° 1~ _ come before you, and they say theq want to increase the. size of a prof ect by . " ~' px4port~ionate, amount, and. you, can make the decision at that moment -whether or -not .:that..pro~ect is so significant, that they aught to use section .914, or whether px not,_that's a small project. r '; Mayor Suarez: Why would we ever.,. let's da this. If we were disposed to ga ~' to a ,;bonus:, ~~ : aith+ar: twenty or,: twenty-five,;. why would we ..not at least get the , ~ Housing Trust ~'und_money, at least make that always wlth a,bonus attached to , ,_ ` ~, it., .wi.th ai cc~et~l.butign att~ohsd ;tq it at least, so that we'd simplify' things. ~: I mean, that's.'nat going to prevent egmebody from building, ` Rf . Ms., l~ndexs~n: Ysa, ~it aa~~~t. ~. ~. ~~! ~a~c~ ~~, i~~~ . ,{` - - ~r _- - - ,~ -- ~ - ~ - ~ - Mayor Suarez: Is that the reason you might not wane Lo ao ~~ tinaL Ways - because it might prevent somebody from building? Com~iissioner Alonso: It could be vary expensive. - Ms Anderson: Yes, very expensive, f_ Mayor Suarez: The six sixty-seven per square foot could be a factor in somebody not building something? Mrs Rodriguez: It might be possible in some cases that the amount might be -- too much. For example, in the case of the Brickell Protect, the one that you reviea-ed before, the amount of six sixty-seven would have been too much. Mayor Suarez: OK. '~ Mr. Rodriguez: And it would have made it for them economically possible with the price range they were trying to achieve to... Mayor Suarez: It's 3ust that... in that case, I would have ordered against anyhow, because it seemed to have no reason why they should have more F.A.R. They were already building a huge pro3ect, and as it is, they built a monstrous pro3ect. Rather well designed, I have to admit. Commissioner Alonso: But I want you to know, that the pro3ect that is going to be built, it's nicer... Mr. Rodriguez: It's abetter pro3ect. Commissioner Alonso: ... than the one they could have done through the other.... Mayor Suarez: Yes. That's the old, if you don't approve a bigger density, we are going to build this eye sore here argument, which we have heard before.. It!s.'very.-creative andkind... Mr. Traurig. Commissioner Alonso: No, it's not. It's a fact. They could have done a } larger building, and the outside would have been, to my taste -very ugly. (: Mayor Suarez: Yes. .They could have... Now, let me ask a question. On West _ Brickell,:: what is .the F.A.R.? Does it slow down from the higher level on ~ ~- Brickellitself7 . • ~` _ Mr. Olmedillo: The portion has a series of bonuses that takes it up to about, ~.'_ ground four F.A.R. ) Mayor. Suarez.: Compared to Brickell at...? ~, Mr:•.,Olmedillo: Brickell: can-go up to :about five and-a-half.. - - sE;. - Mayor Suarez:, All right, that answers my:question. Why instead of all this ? bonus stuff, why don't we Just increase the F.A.R. far West. Brickell? ~ Mr. Rodriguez: Because sometimes, by increasing the floor-area ratio, what you are ding, is it~creasing> the cost of the ; .. , f ~., Mayor Suarez: -:The old property value. argument. by thee. expectation ;of being .~'~: able to build more, and therefore... Mr. Rodriguez: That's the one you mentioned before. That'a exactly what you ; mentipn... Mayor Suax~pzs .., people can't... _... Mr. Rodriguez: You manticaed that people wore speculating. ,. '.~ ~•`. , ~ V ce Ma or Plukttner: Bute there is anothe~c ar ument, i y 8 ~ ^ Mayor S~are~: i don't buy ~Lhat argument at all. I th~.nk that ~ ~ ys~ociQa ; , jai .. eCCnQmice o~ the v~ore~t kis}d.' fii . f , ~. Y Y.,. . {, p q ya ~-- .. ~ S -- -- ~ t r„ Vice Mayor Plut~smer: $ut wtsq should a developer+ .. excuse >fte, ~rhy should a property owner benefit without giving something back to the City? Mayor Suarez: No, that I would have no problem with. If we are going to :. incrt~ase the ~'.A.It. for all of G1est grickell, I would want some kind of a contribution to our fund. j Commissioner Alonso: This way, they give a contribution. Mr. Rodriguez: This is the process you are doing. That's precisely what you have. Vice Mayor Plummer: Well that's what we are doing here with the bonus. Mr. Rodriguez: Right. '` Commissioner Alonso: Of course. Mr. Rodriguez: I think you all understand that. Vice Mayor Plummer: Chair of what? Commissioner Alonso: Oh! Commissioner Dawkins is here. Vice Mayor Plummer: Is Dawkins...? Commissioner Dawkins: Yes. Commissioner Alonso: Yes. Vice Mayor Plummer: Dawkins, are you there? Hello, I am calling collect. Commissioner Dawkins: Yes. Vice Mayor Plummer: Yes, all right. What is the pleasure of the Commission? Commissioner Alonso: I move that we... °- ` Vice Mayor Plummer: Wait a minute. Mr..Traurig want to speak? Commissioner Alonso: Ohl This is dust a discussion. Vice Mayor:Plummers Hello curly. - Commissioner Alonso: °Just a discussion, the next one. ~' ~ ~ Mr. Olmedillo: PZ-17 is a'discussion item.. ; "~ Vice Mayor Plummer: Do you wish to address this Commission on PZ~17? ~_: Mr. Bob Traurig: Yes...I would like to address this honorable... Vice Mayos- Plummer: You will do it after you are sworn in, air. Mr. Traurigs this honorable Commission for just a moment. ~" ~~ Vice Mayor Plumsners Would you like to be sworn in, or am I going to atop you? ~i" ~.. Mr. Traurigs i would like to be .sworn in. ~{` AT THIS POINT THE"CITY CLERK ADMINISTERED REQUIRED.OATH UNDER ORDINANCE N0. z, 10511 TO THOSR>$ERSONS GIVING TESTIMONY ON ZONING ISSUES. := ~~ :'' _ . , ~~ ,,~ 'b ~~ Mr. Traurigs Mr, Vice Mayor, and...' t' . ~k } ` (: a i- _ ~`` _' Vice Mayor ~1u~mnar~ Yaur, masne aril address for the record, sir. rr ' . - ~:~~ _ _ f. ,' Mr. Trsur.ig: , ~ ~y'" ~~d °. is°-Robert H. Traurig, i am :8e attoxney with ofgi~sa at °° „, 1221 Ariok~ali Aven~to. ~~Da Meyo,r 'Piu~aer: ire you spgearttg haxe for .a fee? ~: ~- ~ : ~Q3 March ~~~ l~~l .. ~' . ,.,, ",' .... . ...~....~... ~6. ..... 'dice Mayor Piu:hmer: Are you a registered lobbyist? Ntr. ~'raurig t No.. . V'ioe Mayor Plummer: Continue. Mr, Traurig: ... sometimes, not on this item. We are not talking about a prts~eCt specific. We are talking about a concept. The whole question is, does the bonus concept encourage development, and if so, what kind of bonuses you -know, should be offered, and under what circumstances? I would like to `; - remand you that the bonus has been in the ordinance for a .long time. The bonus in 9500, under the planned developments, was a fifteen percent bonus. . The only difference between the 11000 and the 9500, was that the.11000 _ increased it somewhat - from fifteen percent to twenty percent. I think = that's correct, isn't it, Mr. Olmedillo? Mr. Olmedillo: 'That is correct. Mr. Traurigs So, we are not wrestling now with a brand new concept. It has been historically utilized in the City of Miami over a long period of time. With regard to the six dollars and sixty-seven cents, I guess we do want to encourage the utilization of a technique which will put money into the Housing Trust Fund. And if we can, impose parameters for development, and limits on development, and controls on development which you would be satisfied would not have a detrimental effect upon the neighborhood in which the project is located, isn't it really better to encourage that kind of development? Whether six sixty-seven is the correct amount per square foot, is really not tested yet, because our housing market is weak, and we haven't found yet - whether or not that's going to be a deterrent, or an incentive for the utilization you know, of that bonus provision. But I would strongly encourage - this Commission not to throw out the bonus provisions. They have a very valid purpose. They encourage development, it's- usually development which is. it's always development which is reviewed by a number of Citq agencies,,'and departments, so therefore, you know you get the best product, 'and it sometimes will. result in a pro3ect being built that otherwise would not be economically feasible. And. if-it is .built, and you do receive. dollars for it, it_certainly would enhance your ability to create housing for low income families. Mayor Suarez: I have a quick question. { ;, • Mr..Traurigs That's-only the six sixty-seven. - Mayor Suarez: OK. On that issue. Mr. Traurig: The other I think, has validity as well. Mayor= Suarez: OK. On that issue, isthe: bonus provision that requires a contribution, does it have any waiver provisior_s within it? Mr. Olmedillo: No, sir. . Mayor Suarez: For the contribution? No. ~; Vice .Mayor Plummer: What? ~~ =~ Commissioner Alonso: No, - .. ~ ~;~ ~. ~„ Mayor Suarez: No waiver provision? }' ' ' Vice Mayor Plummez~: Well then, tell me why on the Crystal... Bristol., E - t ~, whatever house it- was... _ _ ~ ~~ , _ : ~ J Mayor Suarez: Becaua3e we went to the other bonus provision, the one that ~~,~ ' . ,_ doesn't requixss a< contribution. ;~ ~,,•. Mr, OlmediilQ~ We went though the artto~e 5 instead of 914. ;~;_ ~.. M~yQx Su~xez: We3,1, one ~fiinS ypu ooulti dc~ i~ this Cotami~ssion wars...inc~~ned t4 ~t ~• ~ppxove these bonuses, qne ox 3~pth, is t~. make them iat~ ons~,` but` have , it bo ~vavesbl.e. That's ous po~si~iilty. ~ns~aad _a~ twQ d3~E~erent provis~Qns you "r ~A9W~ th$t ~X'@ totslly c013~1i13ing~ i imean, wh~-.. , ? ~ ~~?~+ Mareh ~~, 1941 ~, - . 'i Commissioner Alonso: Yes; at times you can apply one; and sometimes you have - to apply the other. Mr. Rodrigues: Let me try explain. Let me tell you the difference. Mr. Mayor, ~- to see if this will help you before you give up on us coma.>letely, OK? I hope it'g not too late. Mayor Suarez: Y'li tell you something - for myself, if you tell me that what =_ I 3ust proposed makes no sense, I lose interest in it. I tried to understand something that ab initio, as they say in the law, makes no sense to me whatsoever, the whole thing economically. All the economic arguments that they have made, make no sense to me from my limited knowledge of economics. _ From a zoning standpoint, they make no sense, because zoning is supposed to be ~- predictable, folks, to tell people you can build this much, so you have not - convinced me on that. I dust asked you a very simple question. If we were e inclined to pass the bonus provisions, both the one that requires a contribution, and the one that doesn't, would it make more sense to have the one that requires a contribution allow us to waive it? - the answer is no? Fine, you lost me again. Vice Mayor Plummer: All right, so where are we? Commissioner Dawkins: Deny it, and let's go to the next item. Mr. Rodriguez: I don't know, I couldn't answer. Commissioner Dawkins: Deny it, and let's go to the next item. Vice Mayor Plummer: Deny what? Commissioner Alonso: .These are bonus that we can use to set the intensity of the project, therefore, we can actually work with it, and get some benefit for the City of. Miami. Get the pro3ect going on, and also receiving some economical benefit for the City of Miami. So I don't sae any good Yn dust wiping it out. Just keep it there, and use it with discretion. That's all. 37. DISCUSSION ON PROPOSED FIRST READING ORDINANCE AMENDING 11000, TO DELETE ARTICLE` S, PLANNED DEVELOPMENT OVERLAY DISTRICTS - PROVIDE `NO NEW 'APPLICATIONS WOULD BE ACCEPTED FOR THIS DISTRICT CLASSIFICATION; DELETE ARTICLE 9 SECTION 914 (INCREASED DEVELOPMENT BONUS) WHICH NOW PROVIDES FOR UP'TO 25X DEVELOPMENT BONUS ABOVE FAR. --- ~ Mayor Suarez: Is there anyone here by the way, from the general public that- wishes to be heard against the bonuses provided by PZ-... in what posture is ~ ,,_ PZ-18? = does that retain the existing structure? ~ Mr: Fernandez: Would eliminate. ~` y Mayor Suarez: Eliminates? ` ;~ Commiasioner`Alonso: No. Eliminates? , _ Mr. Oimedillo: PZ=18 'is for your` vote, and it is 'presented to you` to ,, ~': eliminate it if you see that is the necessary decision to make. x Mayox'Suarezs So is"there anyone here that wishes to be heard? ~ Cammissio~er Alonso: Hold it. Excuse me. You said that PZ-18 is to ~~` ,, eliminate? a.~ ~. Mr. Olmadill4; The actual vote to consider elimination of the thxea articles `e ~` Article 5, S~~-19, `and Section' 414, that's ~.8. Tbat is tY~e actual vote fcr yon ~; to amend the ordinancei.f you eee it necessary. :1., k'.: -... Mr. Rodxiguezs ~tst you cad d~acids an eliminating one and. gat the Qthex~, ~ ~: aQt elimi~nati~tg any o~ ahem? ~oremisaioner Alonso: So if we giant to...7 Mayor Suarez: What does pZ-18, as draft to do, if may ask again? How come pZ~18 be a goal, folks? What is 1'Z-18 as drafted, and as in front of us do7 Mr. Olfnedillos The Commission instructed us to bring there three provisions... Mayor Suarez: I just want to know what it does. Don't argue with me. Mr. Rodriguez: Answer. Mayor Suarezs Don't get defensive. What does PZ-18 do? Does it eliminate all the bonuses? Mr. Olmedillo: It will eliminate the three bonuses in article 5, section 619, and section 914. Mayor Suarez: Fine. Is there anyone here to argue that we should pass PZ-18 to eliminate these bonuses? Or do we just have people arguing that we should retain the bonuses? I guess, let the record reflect that the only people we have here arguing in favor of the bonuses, if that were the only other reason in life, to maintain the statute as it is, not to mention being able to finish this item, and get to the other items, I would be inclined just to sort of go along that way. All right? So that should keep you happy. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I've said before, and I am going to say again this time. I think that it's our responsibility to evaluate each of these situations individually. And I just cannot vote to take this `and incorporate it into a:law, for the lack. of abetter word, that it's just automatic; you go' . and buy a piece of property, and you automatically get the zoning, and what have you,;;so I just can't do that. Mayor Suarez: OK. Now, PZ-18, if we were inclined to leave everything as is, '. do we need to take a vote? -0r do we move to deny? - or what do we-do? ac r- Mr. ,:Fernandez: You don't necessarily have to do anything if what you have ~'" decided by discussing 17, is that you want to leave everything the way it is: Mayor~Suarez: <We_haven't decided anything. If we thought that that was going ` to be the final resolution, we didn't need to do anything-then. Just sort of a.;status;quo_ante, or whatever you call it. Mr..Fernandr;zp Correct. Mayor Suarezs All right. L'-- Mac.. _ 07.medillo: If you don':t want to do anything. ~`: Commissioner Alonso:: If we want to leave it in, we don't take any action? Mr.;Rsadriguez: E you want o leave the three bonus provisions that we have, you leave it as it is, you don't have to take a vote on it. If you want to ~- take qne orthe other, you-have ~o-make a decision on that. ~~ ;~, ~: i~ayQr;Suarszx All right,. on PZ-17 and 18, do -we-have a motion? OK, hearing r ns,~ tnotior~,..we~ move to item PZ-19. But before doing that, very quickly, we 'x have a settlement on PZ-12, do we? On the issue that was tabled for... '4 _ ~ ~~_ - Mr. Olmeciillo: That was the latest I heard from the neighbors, bµt they are ;x outside, lf,~.. ;~; ~ ; °F ~< -. Mayan Suarer~x :Well., where are they? ,That was told to me ie,' a note hers. A11 . ;; - ~;: , right, ~oxgat .its :::~: - Mr. ~Rodriga®~: Mr. Mayor. ' , a'i - dab . ~ler+~h `~~, 1991` ~ :, . , :., ._ ,; - - _.:. b ~ri3..G ~ ~~s .,~ ,;. . r Ct~tnmigsiorter Dawkins: Well, hey, hold it, hold it. ghat did we.. , ~ ~ i~AOVa, because Yam going to vote against it, Mayor Suarez: .All right, t7n PZ~18, Commissioner Dawkins mover to.,. Gnmmissioner Dawkins To deny. Mayor Suarez: No, it actually i.s to approve this ordinance as stated, Cormmis:~ioner Dawkins: No, to approve, Mayor Suarez: Which takes away the bonuses. Commissioner Dawkins: That's right. I move to approve. Mayor Suarez: So moved. Do we have a second on that motion? Do we have a second bn that motion? =going twice. Do we have a second on that motion? going-three titaes. ~~ Commissioner Dawkins: Let the records reflect that I made the motion, and I did not get a second. I am still against it. - Mayor Suarez: All right. Commissioner Dawkins: OK. Mayor Suarezs And I may very well be to, if I see a little more citizen interest: 38. (continued Discussion) SECOND READING ORDINANCE: AMEND 11000 -CHANGE '~ PROHIBITION AGAINST HOUSEBOATS TO HOUSEBARGES; ESTABLISH DENSITY_CAPS I AND~CLARIFY USES; SIMPLIFY REQUIREMENTS;. REQUIRE CLASS.:I-:SPECIAL. PERMIT ' =FOR EMERGENCY VEHICLE ACCESS; CLARIFY LANGUAGE REGARDING ZONING DISTRICT BOUNDARIES; .SIMPLIFY HOME OCCUPATION LANGUAGE, etc. .(Applicants :.Planning, Building & Zoning.Dept.) .(See label 31). ti E ~, - - - --- -- ---------- ---- -- ---------------------------- -- Mayor:: Suarez: All .right, PZ-19, since I don't see any of the proponents ar - o onents of PZ-12.: Sheila were pp , you up there for that? PZ-12, I called it.- Everybody-,has got.. to be a little more ready around here. We got a settlement ~ on the dispute, Lucia? T; Ms. Lucia.Daugherty:- Yes, we have. Y Mayor Suarez: What ;is the'settlement? ; Ms. :Dougherty: Tucker'Gibbs:is goingto explain that. to you. ~;;,~ ~ Mayor Suarez: Tucker Gibbs? ;t F Ms. Dcughertyr Yes. :. ~'; ~.. Mayor Suarezs He wasn't even here when the whole thing arose, Ms. Doughertys Anyway,~our proposal... __ Mayor< Suarez: ~ ',:::He.>w$sn:'t even sworn in. Give me somebody who .was sworn in, please, Mary. - Ms. Dougherty: Our proposal is than we keep it.,. } ~ Mayor Suarew: All right.: ~'' 1 Ms. Aaughertys .. , Deep the ord~.naaee as propsaaed today for everytb~.ag wart of 27th AveAUe. And everytbi»g e8t~t of 27th Avenue would bs*s reverter! backs to i a taaaci.mum density.. , ta~gmulr- F. A, R. Q~ cans pal.nt One twQ. Mx'. Q~csad~,11Q: .One ppint two a;~a. :~: y ~ ~ _...:207 ~l~~b '~;~, ~~~ =.: .~ . ,. . ~ ~ ~ Y~ ~ = ~,r ~. ~ :,~ i; t ~} _ ___ _ _ _ _ -~ ~ - x F { i Meg. bougherty: One point two one. Mayor Suarezs Please swear in anyone from the group that is willing... from the citizens that is willing to say that that is agrAeable, Madam City Clerk other than Mary Webber who was sworn in before. I gues:~ that ovould mean Jim. ~. ~- ~" A i AT THIS POINT THIS CITY CLRRK AbMINISTRRFb RF+,Q'UIRRD OATH LJNDFR ORDINANCI£ N0. 10511 TO THOSE PFSTtSONS GIVING ~'RSTIMONY ON ZONING ISSUgS. '_ ~_ Mayor Suarezs OK. That, as stated by Lucia is agreeable? `° Mr. .7im McMaster: I'm sorry, could you repeat it, i wasn't really listening. t Let's be legal with it. r= Mayor Suarez: Great. Now he has a beard, now he gets slow. {, Ms. Dougherty: The proposal that is before the Commissioner tonight is I acceptable and would be approved for all the property west of 27th Avenue. ~ Property east of 27th Avenue, would have a maximum F.A.R. of one point two one. Mr. McMaster: One point two oh, for the residential, and east, right. - Ms. Dougherty: East of 27th. Mr. McMaster: Correct, yes. Mayor Suarez: All right, can we have that in the form of a motion for us, Mr. City Attorney? Vice Mayor Plummer: Move it. Mayor Suarez:• Is it sufficiently understood that Vice Mayor's simply moving F as he just did is sufficient, and you will read the appropriate ordinance so that we can vote on it? Mr. Fernandeze Has the .ordinance been read? Ms. Dougherty:'`I.think the ordinance has been read. ~ Mr. Olmedilloe- And so... Mayor Suarez: OK. Very good. Mr. Fernandez: Yes,` and so noting this modifications that have been agreed upon, then you can'call the vote and that those changes would be... Mayor Suarez: Incorporated: Mr, Fernandezo ..: reflected in the body of the ordinance, ` Mayor Suarezi Thank you. Call-the roll. It had been seconded already and '' read. That had-been moved and second and read, PZ-12. - Ms. Matty Hirai: Yea. And I apologize, Mr. Mayor, I missed the second. Mayor Suarez: ~OK. Cari we have a second on it? - just so that she can record it. T think Commissioner seconded it. ~~ _:Commissioner'A1.oaso: Yes, I-d~.d. Mayp~c ..Suarez: 4K. ;Cali the roll. .~'_ - ~; - ,~ ~. ~' _ - ~` 3,.. _~ 9 ~ ~~~ ~~LX'C11 ~~, 1~~~ ;, - r. _- ~, •~TSx~4 - - - - - - - - _ -- - AN ORDINANCE - T AN ORDINANCE, WITH ATTACHMENT(S), AMENDING ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY 0~' MIAMI, FLORIDA, BY CLARIFYING CROSS REFERENCING; BY AMENDING: SECTION 100, TO CORRECT ,~- LANGUAGE AND A TYPOGRAPHICAL ERROR; SECTION 400, TO o ,` DELETE "SD-19", "HC-1" AND "HC~2" ZONING_DESIGNATIONS _ AND DELETE SUBSECTION 400.2; SECTION 401, TO CHANGE - THE PROHIBITION AGAIN5T "HOUSEBOATS" TO "HOUSEBARGES," i= TO CLARIFY CITY COMMISSION INTENT, TO ESTABLISH DENSITY CAPS AND CLARIFY USES; ARTICLE 5, TO CLARIFY LANGUAGE; ARTICLE 6, SD SPECIAL DISTRICTS, SECTIONS 601 THRU 6I9, TO SPECIAL DISTRICTS, SECTIONS 601 THRU 619, TO CLARIFY LANGUAGE AND LIMITATIONS; SUBSECTION 903.2.2., TO SIMPLIFY REQUIREMENTS, SUBSECTION 903.5., TO CLARIFY LANGUAGE; SECTION 904 AND SUBSECTIONS 904.1 AND 904.2, TO CLARIFY LANGUAGE FOR DETERMINATIONS, -_ SUBSECTION 905.1.1, TO REQUIRE A CLASS I SPECIAL PERMIT FOR EMERGENCY VEHICLE ACCESS, SUBSECTION 905.2, TO CLARIFY LANGUAGE REGARDING ZONING DISTRICT BOUNDARIES, SUBSECTION 906.5, TO SIMPLIFY HOME OCCUPATION LANGUAGE, SUBSECTION 906.6, TO REQUIRE A CLASS I SPECIAL PERMIT FOR ACCESSORY PERMANENT ACTIVE RECREATIONAL FACILITIES; SUBSECTION 907.9, TO CLARIFY THE BUILDABLE AREA AND LIMITATIONS ON OCCUPANCY; - SUBSECTION 907.10, TO CLARIFY SECTION NUMBER AND CORRECT A TYPOGRAPHICAL ERROR; AND SUBSECTION 908.10.2, TO CLARIFY MINIMUM LANDSCAPE REQUIREMENTS; SECTION 909, TO CLARIFY MINIMUM DWELLING UNIT SIZE; SECTION 917, TO CLARIFY LANGUAGE AND REDUCE PARKING REQUIREMENTS; SECTION 918, TO CLARIFY MAXIMUM DISTANCE LIMITATIONS AND PROVIDE FOR CITY COMMISSION APPROVAL; SUBSECTION 922.2, TO CLARIFY PERKING STANDARDS; SUBSECTION 922.7, TO ALLOW OPEN SPACE IN LIEU OF DEFERRED LOADING SPACES; SUBSECTION 931.2, TO REQUIRE CITY COMMISSION APPROVAL OF RESERVOIR SPACES FOR FINANCIAL INSTITUTIONS; DELETING ARTICLE 10 AND ARTICLE 11, TO CLARIFY LANGUAGE, AND ADD PROCEDURE FOR AMENDING DEVELOPMENT PERMITS APPROVED UNDER PRIOR `~ ZONING ORDINANCES; ARTICLE 13, TO ADD SUFFICIENCY ~ LANGUAGE; ARTICLE 15, TO. PROVIDE FOR COORDINATION OF _~ PERMITS; ARTICLE 17, TO CLARIFY THRESHOLD CRITERIA; .SECTION 2105, BY TRANSFERRING PROVISIONS, AND CLARIFYING PROVISIONS REGARDING PRIOR AGREEMENTS, PRIOR ZONING ORDINANCE AND TIME LIMITATIONS; SECTIONS 2103 AND 2107, TO CLARIFY LANGUAGE; SUBSECTION 2208.2, TO REMOVE CERTAIN PLANNING ADVISORY BOARD TIME LIMITATIONS; SUBSECTIONS 2215.2 AND 2215.3, TO CORRECT ..SCRIVENER'S ERRORS; ARTICLE 24, TO :CORRECT REFERENCES; AND SECTION 2502, TO ADD, DELETE AND MODIFY DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATA. Passed on its first reading by title at the meeting of February 28th _ 1991, was taken up .for its second and final reading by title and adoption. On motion of Vice Mayor Plummer , seconded by Commissioner Alonso, the Ordinance was-.,thereupon given. its second and final reading by title and passed and adopted by the following vote: A'ifMSs Gammissioner V~,ctor De Yurrc~ .Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor ~Cavisr L. Suarez Y NQ~&: NoAa. A13S~T~ s ~aa~. THE ORDINANC :.WAS DESIGNATED ORDINANCE N0. 10$x.3, 2Q~= i 'the City Attorney read the ordinance into the public record and announced that copies were available to the members of thR City Commission and to the public, 39. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION A~ 245- 299 N.W. 55 COURT (FLAGLER MEMORIAL PARK CEMETERY) FROM R-2 TGIO FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ=19 is the live-aboards... Mr, Rodriguez: Mr. Mayor. Mayor Suarez: Yes. Mr. Rodriguez: There are some items that were scheduled for six and seven, in which there is an agreement, and they will take only one minute because I believe, they would... Mayor Suarez: OK, but PZ-19 is not one of them? Vice Mayor Plummer: No. Mr. Rodriguez: No. It's 23 and 24. If you want to dispose of those two. Mayor Suarez: Twenty-three and twenty-four, I thought one of those was De Garmo? Commissioner Alonso: What? Vice Mayor Plummer: It is, but they have reached an agreement. ~! Mr. Rodriguezz I'm sorry, twenty-four they gust told me that a neighbor,~ust ~'" ~l came now, so... Mayor Suarez: You mean the last two items are the ones agreed upon? ~ and we ~ can get: those solved and go back to 19, 20, 21 and 22. Well, are. you sure? _ 'F` ~, Ma. Lucia Dou e t On Z-2 th r s ' `~ gh r y P 4, e e i an agreement, and. it s acceptable to ~ go forward today on first reading. ~ l; i Mayor Suarez. OK. What. is the agreement on PZ-24? ;, Ma.. Dougherty: We have proposed a covenant, and that Maria Leon v~rho is the `'~ -neighborhood association president, is .back in the COW room, and I'd like here. ~'j ~' to come forward as well - for the record. ~~ Mayor Suarezz 4K. When you get .that. back to us, we will vote an it, but it's _ >nice to know that there is an agreement ors PZ-24. You're pretty sure ,about ' =it; right? Citizens, et cetera. I see.them smiling back there.-- Thsy are.QK. i; i. ~~ Ms, Dougherty: We also have an agreement to continua item: 24, . Mayor Suarez: There is Ms. Leon.. '°1 May~rr Suarez: She hasn't been sworn in. Can anybody state. what-.the agreement ~~1, is that hats beensworn in? , r; 4 ~ ' Mr., Fernandez: Thl.a is on item 23. ~~ __z ,~ ~ Maygx~.Suare~;~ Twenty-three? }. Ms, Aougherty:: This f:s item 23, We have reached an agreement with the. ,, ~' ~ n4! #bsara. ~ We#11 allow this_to go ic-rward on first-reading.: We havepropQaed i~ a on~-enant that c~aates a mall. that,,, an eight foot wail, with ~n4 graffiti, ~1 tan thousand dQl,lara (~34,~00) peg ~-ddr, l~f; gxa~~iti is put o~ there anal we 4° •; ; dan't paint it . E t .j l'~t~ ~ ~4~r~h ~$, ~~~~ , ~ f. .. F ,, - No veh3.CUlar accest~, tti~e li~eitsitions viii be below ground burials, $eiow~= ground b+a.riais will not also ~ Y taeah ~ no tnausolautns, and no additional ~iausoieu~ns will be Construoted within a hundred ~ I had a 200 feet, I have to ask my Client whether X50 is acceptable, she wants 350 ~ along the property _ line of Flagler Memorial Park adjacent to 55th... Magsir Suarezs And that would not be a substantial modification so that it Could be finally determined on second reading? I` Ms.`Dougherty: Well, this is our covenant proposed, so that's not a problem. ~ Mr. Fernandez: Which we have 3ust gotten right now, and we need, and before second and final reading, we would advise you as to the sufficiency. ~> r i Mayor Suarezs You would have to be absolutely sure. OK. ~~ - ~Y '` Ms. Dougherty: And no modifications to this covenant can be made under any ~' circumstances unless a hundred percent of the neighbors within 375 feet agree. And that's essentially it. Vice Mayor Plummer: explain that to me. Go back to the wall and the graffiti and $10,000 and Ms. Dougherty: OK, there is a eight foot masonry wall... Vice Mayor Plummer: Yea. ~ Ms. Dougherty: ...which would be built substantially as a rendering which we had provided them, and that would be attached as exhibit one. Vice Mayor Plummer: A rendering. Are you talking about a mural? Ms. Dougherty: Yes - no, a rendering. Mr. Rodriguez: It's a drawing. Vice Mayor Plummer:- Huh? Mr. Rodriguez: A drawing. Ms: Dougherty: We showed them what the wall is going to look like. f Vice.`Mayor Plummer: OK. Ms. `Dougherty: The wall. will kept good in repair on maintenance including the removal of graffiti. And if it becomes necessary for the City, at the City's discretion to snaintain the wall - if the owner fails to do so - we=:wi11 give the. City $I0,000'per year in the form of a bond to clean it themselves. If we don't'do`it. And that's essentially it. ~' Vice Mayor Plummer: There's only one modification I would make to that. And that is, that you put up the $10,000 bond on-approval, and we'll hold that ;? mossy in trust and if you don't do it then we' 11 just .draw. from :that. trust then. I donut want to get into `any legal hassle later on whether you will or won't pay .it. You put the bond 'up, a trust' of $l0DQ0 from'.. day. one. If,_ in :. fact,. it's not rnaiatained, the City will draw from it. We" don ~t .have to go '-' you and ask you 'fpr`the money or argue about it. °k ' Msg.; Dougherti~y: Thst's =acceptable, but`-assuming that we do a. good job, how _ °x long can that..; 'can we take=that 'bond away in five years, assuming that we do a goad job, and then revert back to this? ` : Vlt;e' ktayor i'l,ummer: Cemeteries are forever. '- Ma.. Dougn~rty: I know, but we can revert back to .this situation`that we prcposes<i Vida Mayor Piu~sr: How s~~tut in dive years we' 1~. t t~~:~ q q it? i~~, ~oµghsrty~ Fine. Is3 that scs:aptabl~a to ;y~?u? _ ~,~ ~ MaFak~ ~~ ~ 199 ~ a i~~ s~ - ~ try ~'a ~ 2r tsv`,,,~,x+St?° -sYl'~~ ~ _- Wn #1r ~t^S, 7,,.'~.pf- ~~ i~ - ,' ~;y:%- -- , Mss Maria Leon: Hi. my name ie Maria Leon. I live in 3~2 W.W. 55 Court. .' Between the first reading and the second reading, the only thing that we want is after you re~tiew the covenants, is the guarantee a hundred percent that they cannot came in front o£ the Commission, they cannot go to court to a ` fudge trying to change the covenants that we have... Vice Mayor Plummer: First time that I've ever heard that an applicant has agreed that one hundred percent of the neighbors within the 375 feet must approve. I don't think there's anything in God's green earth that 375 feet `= could agree on. Commissioner Alonso: That's right. Ms. Leon: That's why we put it a hundred percent. ~` - Vice Mayor Plummer: Tantamount, it's negative. .Mayor Suarez:. We'11 take... - F- Ms. Leon: So, you know, we dust want to make sure that... i; Mayor Suarez: ...notice of your concerns... Commissioner Alonso: The best one I have seen. F - Mayor Suarez: ...unofficially, and informally, since I don't think you were sworn in, Maria. OK. Vice Mayor Plummer: Under those circumstances, I move it. Mayor Suarez: .Moved. Vice Mayor Plummer: And that's a covenant to be surrendered prior to the " ~~" second reading. ~' ~ Mayor Suarez: So moved and seconded, PZ-3. ,j, j' Mr. Olmedillo: That was PZ-23 for the record. Vice Mayor Plummer: That's 23 and the posting of a cash bond. Mr. Fernandez:: Yes. .Twenty three reads: An ordinance amending the Zoning Atlas... Has. it been moved and seconded, Mayor? Commissioner Alonso: Yes. - Vice Mayor Plummer: I moved.it. ,. ~ Mayor Suarez: Yes., Commissioner De Yurre seconded it. Call?the roll. AN ORDINANCE ENTITLED- f , ,,, :: ;," AN ORDINANCE. AMENDING.. THE ...ZONING ATLAS OF ORDINANCE N0. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, e~ FLORIDA, AS AMENDED,. BY. CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 245-299 NORTHWEST 55TH ;COURT, MIAMI, FLORIDA- (MORE:' PARTICULARLY DESCRIBED '~' HEREIN), FROM R-2 TWO FAMILY RESIDENTIAL TO G/I ~`'~ .GOVERNMENT AND INSTITUTIONAL; BY MAKING FINDINGS;-AND { BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 31 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND ~. ~" SEVERABILITY CLAUSE;. AND PROVIDING AN EFFECTIVE DATE. 1~.} Was introduced by Commissioner Plummer sad seconded by Cammieeionex De - ~ Yuxr+~ sad was passed on its first reading by title by the following votes ', .. . f, ;. s; '~ L a Commissioner Miller .~. Dawkifns Commissioner Miriam Alonso Vice Mayor J. L, Plummer, Jr. Mayor Xavier L. Suarez 1, ~, 1 ~~ f; t t NOES: None. ASSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 40. DISCUSS AND CONTINUE APPEAL BY COCONUT GROVE CIVIC .CLUB OF ZONING, BOARD'S DECISION TO REVERSE ZONING ADMINISTRATOR'S DECISION THAT AN APPLICATION FOR HEARING $EFORE HERITAGE CONSERVATION $OARD DID NOT MEET 9500 REVIEW REQUIREMENTS (Con.tinued to April 25th) (Applicant: DeGarmo Partnership Ltd.) Mayor Suarez: What's the agreement on PZ-24? Gary ..Held, Esq.: Gary Held, 2100 Ponce. We have... I'm representing the Coconut Grove Civic Club, and some adjoining neighbors. We have reached agreement in principle with the developer to settle the appeal. Vice Mayor Plummer: Sir, have you. been sworn in7_ Mr. Held: No, I have not. Vice Mayor_Plummer: Then you. can't testify. N Mr. ,.Held: _I'm;very happy-to do .that. ;`~ ~ AT; THIS POINT.-THE. CITY, CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. ' .10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Held: Should I start all over? - Mayor Suarez: You know, I was going to take the testimony on the assumption .} that; when- they-have agreed, ,that does.not_require to be sworn. in. But you , . never know. Around here, even an agreement probably .ought to be sworn .into.. _ Ahl r_ight,;anyhow I'appreciateyour alertness. - Mr. Helds OK, we've. reached agreement in principle regarding the appeal. Tbere~,are,:some~other matters that we have included in` t. At this point, the developer is revising his plans to comply ,with the agreement, and they will '~ take some ,time to do that. So we need a continuance. We cannot withdraw the ~ appeal until ,the plans ,are prepared and reviewed.." } d Vice Mayor.`1'iummers Move to"..continue. _ ri. F. t .Mayor Suarez: Whatever we'd legally need. Moved.. °! - Commissioner Dawkins: ,-Second. ~~ Mayan Suarezs Seconded. ~~: ~~ ~ ~ ~ `~- . Mr. Sergio Rodriguexi ~o ~#pr~.l 25th. . - - ~ ..1" Vita r~ayar Plummer: ~-pr~a ~5~h, F ~. _ ., Mr. Held: Tbapk ysau, ~~ -- °. y Ma car-&usr~~: Ca7~1 tk~e roll. - i °; r -~ _ -,^r .. ~~' _~. }., X13 ~Q~roh~:~~~'>:~1F~#l ~ ~ J,S~ ,~: -ti4 - .1 ~~ - Y 1 yt n - :. ..~- ___ _ __ -~ ,.. ~ ' A_ RY V1CE MAYOR PLUMMER AND SECONDED ON MOTION DULY M DE 8Y COMMISSIONER DAWKINS, I'rENI PZ~24 'WAS CONTINUED TO THE COMMISSION MEETING Off' APRIL 25, 1991, BY THE FOLLOWING VOTES AYES: Commissioner Victor De Yurre <_ Commissioner Miller J. Dawkins Commissioner Miriam Alonso _ Vice Mayor J. L. Plummer, Jr. Mayor ICavier L. Suarez - NOES: None. ABSENT: None. _ ~° 41. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -CHANGE ~~ -LAND USE DESIGNATION AT 35b0 MAIN HIGHWAY FROM RESTRICTED COMMERCIAL TO SINGLE FAMILY RESIDENTIAL (Applicant: Planning, Building & Zoning Dept.) - Vice Mayor Plummer: You wanted 21 and 22 because they're noncontroversial, as - I see it. Mayor Suarez: I'm not so sure. Vice Mayor Plummer: is there anyone here to object on 217. ` Cortunissioner Alonsos No. So move, ->Mayor Suarez: Yes, I think: so. Commissioner Dawkins: Yes, Mrs. Armbrister. ~~ i' Vice:Mayor Plummer: '+ You ob3ect? - ' INAUDIBLE~COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ~' - Mayor Suarezs Do you want a alar3ficat3on?- ~ "i' W t ";, ;_ INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ~s# ~~ i `. ;. ,.. ., ~ ~ Mayer Suarez: All right, get up to the mike and maybe we can do 21 and 22 ~ 'i'" quickly. And swear her'in, Madam City Clerk; ,please. = ~ _ t ~~' Ms. Esther Mae Armbrister: Good afternoon, my name is Esther Mae Armbrister, r:L - ~ OK. - - , .. 'Mayor Suarez: So far; you probably. didn-'t lie' so swear her: in' now. ,_ ~ i.. ~ - `'AT° THI5 POINT. THE CITY=CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO, ;¢_ . ~_ ,. ; iMONY'-0N<ZONING;ISSUES. 1Q511 TO THOSE PERSONS GIVING TEST ~'_ , .~ ~ Ma. Armbrister: My name is Esther Mae Armbrister. I live at 3350. Charle$ '~ s,~ i, ~'~ ,in.~Coconut =Grove:.:- T: would `iike~.~sotae~body:-,oh the -.Commi~$ioner-;:or< 2i~y~r . ; ;:`. Avenue ,~~ - ~= tx ; 1~` , =oz~-somebody - toe~plaln to me these changes. that you're making. We came'down ~ z '~ here.. and we argusd like I don't know what about two .years ago. We were" - ` - `' <'°,.auppca~eed::to ;have" gotten a covenant -about the ' properby not being ` chat~gac~~~~o ~~ ~' ::somethiz~$ else, is case .they decide to seal to eomebody else. , i:.i 1 ,~ ~~ayQr Suarez: 'How .about that contingoaay? - - '~ " ~~ ~ ~~ r= ?~ ~~~ - r. i ~' ~L'+" '~ ~~'~~~11~'iQ 'U~IL1e~ ~~'~o i ' . The tt ~'w'QA1T4'~~~~Q#1 ,e~prpve r~ t~~ i~iDl~~.~1$ ~' ~~~019 - ' _ r ~, '~ ~~~~ix~a~~ ~ eta . ~.: tbat r . parG~cular . _ ~rpperty ~-~ aac~ .~ ~h~ ~ app~iaaht~:_ ~~~~~~~ed, y ~ ~ , r -~ -~.v~~.+~p-tar~~~!,t. to . Drit~g ~.t ba~1c to the o~iRit~a1.: ~ca~~nS ,.: the a~a$~+e fupily ~ _ ,:.rc -- '_ 9 yi ~ }. (~ p Vj}{. p n 1~ M j Alf ~(1n * ^rJY1~ A m A s tl~j„ 7. +1 #r}~~f/R .l.•. ~~~!F~a~M ~,3~Y~t ~d~fr~. • :~N 9~.R~i}~I flr .~1~ .~li ~i~~~b`~~~ffi ti~~ .~~~"T~B~~: ~~1+ ~,~ ~: .iIAPM~~'~~. - r ~ :~ . .. ~pgi~i,~~~~.~u eA '~he~~; ~h~ .p~'~ge~'t,~-,~,~3~~k~~tut~~tf;~'~~'~~°~'~ +~+~~i~ a~@, ". ~ityj~~~s~i<~h~ _. ~T t~ , . ,` , ~'T~l0;3~r~! ~~~ox$'$~~~ ~~e. ~iQ~~A~i bi~CIG ~~ ~~, ~~~ ~'4~AS'le ~~~~~ 3~~~f~~,i',~~'rt.a. ~4~ ' ~r.a ~ ~~ w - ~ ~':1 '~ ~'~ '~ f ~*R~ii~ - 5 r -_.~, .~ ~ . t ~ ~~?~ ~~ ~ - ; : r a- ,. _____ _ __ _ ~ ~ ,.,. t. _, 3 we're doing is exactly what wag conveyed between the neighbors, the applicant, ;5 end the City. Yt'e taking it back to single family. ¢ Mayon Suare~is That doesn't seers to answer... _ Commissioner Alonso: Single family. Mayor Suarez: ...at all what she asked about. I thought she asked about the. possibility of a sale. Ms. Armbristers Now I want to know if you're going to pay toys with us again and anytime somebody .want to change something, you changed it according to what they .want. And then later on you'd bring it back. Now, we would like to know if you're to change back again. <~ Mayor Suarez: What keeps... Ms. Arcnbrister: Why you keep on zigzagging? Mayor Suarez: ...the present owner, which is us I guess... Mr. Olmedillo: No, this is David Hill. It's the Taurus property. Vice Mayor Plummers No, no, no, this-was not us. Mayor Suarez: Right. What... Wait, maybe I'm not sure what her concern is. Commissioner Alonso: Actually what it is, is going back to single family. Right? Mr. Olmedillo: That is correct. Mr. Rodriguez: You see, the agreement when you approve... Ms. Armbrister: That's correct, but... Mr. Rodriguez: It's to restore it to single family. VSce Mayor Plummer: It's restoring the non conforming use. Commissioner Alonso: Exactly. Mayor Suarezr- Oh, this is the .agreed upon"restoration of single.family. This :..you couldn't-`possibly be against. Commissioner Dawkins:. No, she's not against it, but she's saying that .every, ;..time you look up:.. Mayor Suarez: Somebody changes something, yss. Commissioner Dawkins:' .'.-you go 'one way, and :then you go another-way.. What she's asking.3s: how can'you"write this 3n stone that this~wili remain single..'. .family homes, 'and not .go back .to residential.; That's her question. 'Vice Mayor Plummers You can't. Commie`sioner Dawkins: You can't. ,. ,:~ ~. _ Mayor `Suarezc - fn a sease you .can't; but at least you're going in the right. ~~. direction ,-.now. S4 , `.: ' Ma. Armbrister: Yes, but'we seed something in black and white, and so>nebpdy ~~ take an oath oA : it.:;.- : , : - , 1: ~'; t~a~-or Suarezt.:That it won't bs reverses. Well, this sow becomes the ~Qaim$, i~.: so"tv~ it tQ be changed it would have to be approved by all .the relevant ~ bodies~including;thie Commission. We'ze got inclined to ever change i~. but ~ Y ~ 1` ° there ~ ~ no way to prevent it ft~rever and ever and ever from being .changed, '-~ i that I''m swats; af. . - 3ie. A~rmbr~.ster; Wald, l'm te~l~.ag yau, I've gop about ~ note years and I _: :; _: wish you'd ahanga it'; _~l~ Mex~h ~~. 191 ,>,a .: .,: ~~-_ __ ~. - -_ i i' Commissioner Dawkins "our hundred? Ms. Armbrister: OK, 400. So if you make them a covenant... If you avo~sld make a oovenant and swear by all saints in heaven that you're not going td change it again, we could live with that. .Couldn't you do that? Mayor Suarez: I'm making no covenant. I don't know about anybody else up hare. I'm not even going to make a covenant to be here for the next two and a half years. Ms. Armbrister: Really, I'm not kidding because you keep on changing as if we were children. And I resent it. Mayor Suarez: No, this is really... this is something highly unusual for us to require .them to rezone it back to residential. They're doing it. We're endorsing it: This is about as good as we can do, I think. And you should be.:. Ms: Armbrister: You cannot put that in black and white in a covenant for at least 20 or 30 years? Mayor Suarez: It wouldn't bind the next people that might be here, if any of us get defeated, removed, indicted, et cetera. Ms. Armbrister: Thank you. Mayor Suarez: But, you know, it doesn't sound like anybody would ever want to change it, I'll tell you that. After all this effort. OK, on PZ-21, I'll entertain a motion. Vice Mayor Plummer: Move it. Mayor Suarez:. Moved. Commissioner Alonso: Yes, second. Mayor Suarez:-.- Seconded.` Any discussion? If `not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN .ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE :, NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD - PLAN. 1989-2000, FOR PROPERTY LOCATED. AT APPROXIMATELY 3560 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND. USE DESIGNATION OF THE SUBJECT.. PROPERTY-FROM .RESTRICTED COMMERCIAL TO SINGLE FAMILY RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE . - .Was introduced by Commissioner: Plummer and seconded by Commissioner ;. Alonso and waa passed on its first reading by title by the .following vote: - - AYES: Commissioner Victor De Yurre ,` ~~;; Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayon J. L. Plummer, Jr. „ Mayor. Xavier L. Suarez ~_ NOES: Nona. ~5: Nona :: i the ~ify ~#tt4rnep real the ordinance i;~to the public record amd a;~nounced that coglea were avaii.abl+~ to the m~mbera of the C~,ty Gommiesio~a aAd ;~; - to they pisb~iic, , ~t '~ 2~~ March ~~, 1Rg9. ~. .z t ~ - ~.- - . .,~ ,~ - _ _ __ _ - _- -_ ., ~..'- - tsj~v__.._, _ ,.._.. ~: __ .. s _ _. 4 P 4~. FIRST READING ORDINANCE: AMEND 11000 ATLAS ~- CHANGE DESIGNATION AT 3560 s MASN HIGHWAY FROM SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO R-~1 SINGLE FAMILY RESIDENTIAL (Applicant: Planning, Building & Zoning Dept.) P Vice Mayor Plummer: Move 22. St's a companion item. Mayor Suarez: Moved and seconded by Commissioner Alonso. Commissioner Alonso: Second, yes. Mayor Suarez: Read the ordinance. Before we call the roll, did you want to get a clarification on that? Or were you dust sitting around the mike because you had nothing else to do7 s Ms. Mary Webber: One... no. Quick comment, before or after the roll.. On behalf of the Coconut Grove Civic Club, I would like to thank Dave Hiil -and the City for seeing this through. Thank you. Mayor Suarez: The old, thank them before they vote. OK, call the roll. - Vice Mayor Plummer: Wait a minute. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING. - CLASSIFICATION OF THE PROPERTY LOCATED AT .APPROXIMATELY 3560 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT Tt~ R-1 SINGLE FAMILY RESIDENTIAL;. BY MAKING FINDINGS;. AND BY MAKING ALL NECESSARY_CHANGES ON PAGE N0. 46 OF SAID ZONING ATLAS; ~ CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso ,and was passed on its first .reading by title by the following votes AYES: Commissioner: Victor De Yurre Commissioner Miller J. Dawkins } Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. i The -.City Attorney. read the .ordinance into the public record and ~ anndunced that copies were available to the members of the City Commission and T to; the >public. , } , t+ _ ~ a. ~ ~ .. ~:: ~. ~ 1 ,, - ~ r i _. j ;' ,~.. . ~ 4 j ~~~ M~x'~h ~~y ~~~~ .. .. j ~ ' ___. r _ __ _ _ -~. { ----~------------------------__----_--..~.-~.------~----------------.-.._..___-_:..~~...-~.r.. 7 __ _ 43. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION TOs (a) PERMIT HOVSE$OATS AND HOUSE$ARGES AS LIVING QUARTERS (LIVE-A$OARDS), AND (b) GRANbFATHER ALL EXISTING HOUSEBARGES (EXCEPT THOSE PRESENTLY UNDER LITIGATION). „~ Mayor Suarez: PZ~-19. _ Mr. Joe McManus: Mr. Mayor, and members of the Commission, this was last before you at the Planning and Zoning meeting in January, because it was deferred in February. At the January meeting, directions were given to conduct a workshop, Planning Department, Law Department, and the live-aboard association, which we did. There are ten pages of minutes that are attached i in your package. Subsequent to that, the live-aboard association was j dissatisfied with the minutes, and Commissioner Dawkins very adeptly, very pointedly told us to go back and have a second meeting with the live-aboard ; _~ association, which we did on March the 22nd to amend the minutes of the workshop that we had held on February 13th. That distribution was made yesterday. If any of the Commission do not have the three pages of amended ~ minutes, I'll be happy to give you a copy. Going back by way of quick history then, this... in 1987, shown on the map here, in the area in blue, the City i passed an ordinance which prohibited housebarges and live-aboards in the R Little River Canal. That was back in '87. Mayor Suarez: Joe, as a practical matter, I've heard from people in the Belle Meade Island area and so on that initially got us involved in the whole issue of restricting live-aboards, and God bless them. God knows, they had all kinds of good reasons for that. But as a practical matter, are they, or is anyone else opposed to allowing live-aboards in some of these areas of the City other than Be11e Meade Island, et cetera? -and specifically the ones that have been proposed to have live-aboards retained there which I guess are the red ones. Is that the areas in question? Oh, the red and green. Mr. .McManus: What Ordinance 11000 has done is prohibit live-aboard vessels in the City's residential areas which are shown in-red. Mayor-Suarez: Which are shown in red. So they would be permitted in, the green? Mr. McManus: They would be permitted in green. Mayor _Suarez: All-right, now who, as a practical matter that is here, is opposed to - let's say on the green areas first - to preventing live-aboards in those green areas as shown on that map? i Mr. Al Crespo: Mr. Mayor, fellow Commissioners, we're opposed to some of-.the green areas because they. don't reflect... r. ~,~, ~' Mayor Suarez: And who do you represent? _,,` Mr.. Crespo: :Oh, I'm:sorry, I'm sorry. My name is Al Crespo, I'm the chairman, of the Live-aboard Preservation Association. ~~ Mayor Suarezs OK, and why don't you get sworn in then, A1? {~ - i Mr. Crespos OK. ~~ "' S POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE Np. . ,; ~AT THI ;!~ 10511--TO_THOSE PERSONS .GIVING TESTIMONY 4N ZONING ISSUES. ~~ Maysar, Suarez: OK, .but what you're about to say, if you represent the live aboards, iss not s3o much .that you're against the green areas, but that you ~~.` would l~.ke some of the other areas that are not green als3o to be allowed, R~.ght? . p -~~ l~; Mx, Crespo: Aacithat some of the green areas, we don't want, because we don't °: 7 ; ~sas~l >~thay refls~at deal live-aboard poesi.bilities. }} ~tay~r S~sr~gs ~lel~l, hit l can't snagae you'd be opposed tQ t~sm, , I ~` .~ ;! $~,tpppsra t i, -- f ,„ 218 M~-r~h ~8, l~9at ' ~~ ,~ . ?7i( Ii ::, ~~ Mr. Crespot OK, right. Mayor 5uarezs I mean, we want to simplify this, you know, I mean, we want to keep' a couple bf... There's nobody essentially opposed to the green areas then for live-abaards, although some- of them, as you're saying, may not be particularly practicable or practical. Now, really then, the argument comes in on the -red areas, is that it7 Mr. McManus: Mr. Mayor, there is something else you should be aware of. That we have tried to draw distinction between the •rery large floating structures, such as we've shown here, and... Mayor Suarez: Yes, we've had a definitional problem all along with what live- ~` aboards are and what are houseboats and what are... Mr. McManus: ...and what we've characterized as houseboats or live-aboards... ' Mayor Suarez: ...huge structures floating in the water that look more like '~ floating buildings, right? The old floating building. i Mr. McManus: And what we have... What the proposal consistently has been is ( to prohibit housebarges, the very large ones, Citywide and then to allow live- aboards in the houseboats in various areas such as you've discussed. Mayor Suarez: The old floating house versus a houseboat in a traditional sort l of low density, low weight sense of it. As to all of that, where is the ' disagreement among the neighbors? I mean, if there's any. On the red areas? Mr. McManus: I'm sure... As I have listened to it, that is a very large area of disagreement, because there are approximately 22 people in .the.,. representatives in the Live-aboard Preservation Association, I understand 20 y of'those live in housebarges. _, Mayor Suarez: So they would argue that the definition should be basically - 'that of 's housebarge, as you've shown in the illustration. By .the way, '~ congratulations for the illustration. It's nice to get ones.... Mr. `McManus: I don't-like to be putting words in their mouth, but they would like to get away from the definition of housebarge in terms of a definition of I ~ ,: houseboat°and allow it... : ' _; -Mayor Suarez: Altogether.. And sort of let it be kind of whatever it is, j <floating buildings; et cetera. ,, Mr: McManus: On the other hand... ~ Mayor Suarez: 'Now, the neighbors on that issue, are-they here" to<present - 1 ,, '.opposition? -or is it basically us technically .dealing with definitions,.-that ;~. _ ~ ~ we'd 'like to impose versus..: ~_ ~; Mr. McManus: I believe there are representatives, at least from Belle Meade,- - 'who are•`interested in preserving. this. .. Mayor Suarez: You mean Marguerite? ;~ ~i Mr. McManus: Their present situation in the Little River... : :. •~ , ~ Mayor Suarez: Get up here to the mike. I want'to hear this. ,` ~~~ Mr. McManus: ..:in the Little River Canal and it picks up our first point ~ 'here. We`°` had been°''in `litigation in the lawsuit of -Hayes vs. -the City ,of # ~ Miami,st~d we'd like' to `continue that, and that's 'the whole argument ,with the ~~;" .. area ~n blue. ~ ~. # ~! Mayor $uarpz: R~,ght, but that's sot necessarily the one we're discussing. la ' ~~ it? - 'a ,_ , Vine Mayor Mummer: Mr. t~ayoz. - , ; t F,. >~ E ~ ~ ~ Mayor Suarez: l,st me just €~.mish clari~yiAB, i~ l ~sy. Could yc~u awe~x her t ~'r f .~. in, grease, I~adatn City Clexk Sl~e'a a pax't~su~.axly' untrutk~fuX pora~,m, Xau a x '- ~t. ~~t ts~ make o~~e ypu get her uadex oat#. ,~` ~ ~ ~ f ~ ZiQ M~-r~h'~8,. l~ '~~ ~~ ~ , ~ ,r ' k • ~_ ~s - .vim- • AT THIS POINT THE CITY CLE1tK ADMINISTERED REQUIREb BATH UNbER ORDINANCE N0. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSttES. Mayor Suarez: Now, are you particuiariy interested in the Belle Meade Island area, or other parts of the river, Marguerite? Ms. Marguerite Shearins I've prepared a statement, and it's less than two minutes. Can I just read it? - Mayor Suarez: Oh, you're going to try that on me again. Ms. Shearin: I know you'd like that. Mayor Suarez: Marguerite, but just one clarification"before you read your two 1 minute statement. What problem do you have with the rest of the river except the area around Belle Meade Island there? ? - Ms. Shearin: What what? What problem? Mayor Suarez: What problem. What interest do you have in that being '? re ulated accordin to g g your particular wishes? a Ms. Shearin: Well, if you'll let me read my statement, it will say the whole thing. OK? Ma or Suarez• OK I 1 A y ose. nd then Vice Mayor Plummer is going to want to ,~ inquire.- Ms. Shearin: Of course. You know my name, you know where I live. I live on Belle Meade Island. We attended both the January 24 Commission meeting and the. February 13 workshop. on this question of legislation to control housebarges and ,live-aboards in the whole City of Miami. Obviously, some compromises are necessary. There must definitely be a place for housebarges r and live-aboards somewhere. However, we iYi the Belle Meade area feel: we should make a public statement regarding this matter as follows. We who live on;or'surrounded by Little River, found it necessary to obtain legislation to prohibit housebarges. and live-aboards in our area. The reasons have all been thoroughly discussed many times. Mayor Suarez:. You know we're notchanging that.. We're not going to change .that .in :.your area. - r r Ms. Shearin:' You're not. going to change anything.? x Mayor Suarez: In your area? -no. } Ms. Shearin: Well, if you make any sweeping changes in the legislation ..tonight, such as ,;allowing housebarges in commercial areas.- We have a small section of commercial area there where we don't want any changes, because it's f f part of... Mayor Suarez; ,Where's.. ..that .shown on the map, what she's...? M~. Shearin: SPL-18. It's. part of SPi-18. It's the section near Biscayne. i. Bouievard, just on the other side of the river from Belle Meade . Mayor Suarez: OK, I would be inclined to just sort of leave that out of considr~rat3on today. I don't think,aay of the live-aboards that are here are r going to argue about that because they know they're going to lose, I think. ',~ . elf ; Msr Shearin: Weld, as;th® other lady >~aid, would you. swear that in black and. ~ '~ __ white, in writing or son-ething? .. ~ t; .: p Mayor SW.arsic~ We'..11 do better than that, we'll put that in the ordinance. Mtg. ~h4ax'~a; isle??, the .ordinance so far, SPI~18 if you just don't. change ` that. MeyQr ~uar!si~s R~Bht.. DTs; dsan't. intend to. F~ ' .x +: ~2i~ ~ssch Z~, 1~~~ ~ ~_ d~ __ t~.U;e Ma. Shearin: We can understand that a change that we made in the Gity, and it's fine with us, .Mayor 8uerez: Yes, we don't intend to change that, I don't think, Ms Shearin: T can go home now? Mayor Suarez: We11, no, hang around just in case. - Viee Mayor Plummeri Better not go home before the vote. Mayan Suarez: Just in case. Thank you. Ms 3hearin: Thank you, Mayor Suarezs You're smiling, you're happy. So housebarges are a concern _ because we would define under the proposed ordinance, away 20 out of 22...' Mr. McManus: The Ordinance 11000 currently prohibits housebarges Citywide. Mayor Suarez: T know that,... Commissioner .Dawkins: Housebarges. What's the difference between a housebarge and a houseboat? Vice Mayor Plummer: Look on the wall. Mr. McManus: There is an illustration there from the overhead projector, and ~- the two story house .floating there is a housebarge, and the little boat: on the ! lower left is... Mayor Suarez: It's a huge building floating, and the other one is kind of •' pour classic houseboat that's not too large. E Commissioner Dawkins: And the other one is a houseboat. Mayor Suarez: Right. M$ McManus: Yes. - Mayor Suarez: 'They're trying to define it so that the huge structures are ~€' ,prohibited. ` - Vice<:Mayor .Plummer::- Primarily, Miller, a houseboat has its own means:of moving.° A_housebarge has to be moved by a, tug under normal circumstances, -. - Mayor Suarez: It's so big that.... Commissioner Dawkins:-You could put a motor on ~. housebarge. M or ay Suarez: Yes, it wouldn t move real well, but... Vice Mayor Plummer:. Well, it wouldn't be very practical. ;. Commissioner Dawkinas You could da it. .'> Mayor Suarez= You could donit. Vice'Mayor PluRUners You,aould do anything. I've.seen some.,. ~ i ~~ Mayor-Suarez Auer watching the Iraq war,- I guess you could do just -about. anything tschnolog~cally. Jop, before you get carried. away with a te~hanic~l' ,,~ argument on a~.l of this,.. is it a fair etatpment to say that most of the. fc~llts ; that' are heap today would like to def iae the..: allowable kimd ` of floating home to include houaabarSes... Mr. McMaauss Yes, ' ~,, ., e Ma gar Suarez: ,.,and wp ~eania the Cit thi.ak that that s gat a ood idea ~ ~e that wp +should Daly allow housaboats~ Y, ~ ~ ~ fix, McM~~~aps Right. t: '~ e ~~~ M~~ch ~~, ~~~1 ,. M~ ~ 4 1_,i _~._ • • Mayor Suarez: Is there anyone else that cares other than they who want it, ; { and we who don't want it, the City? `` 4' Vice Mayor Plummer: We11, Mr. Mayor, I've tried to make a comment, as you know. Mayor Suare~s Yes, I'm sorry, Vice Mayor. Vice Mayor Plummer: A11 the way along the line, my problem has been in __ relation to the ad valorem taxation. Now, I met with a group of people prior tts this meeting, and 8xplained to them that we cannot impose ad valorem taxation and discussed with them the possibility of them paying a users fee with a formula to be developed, because they do require and use municipal services. That was agreed upon with the group that came to see me, that a , user fee would be agreeable and would be payable by these people, on a formula yet to be devised for the use of municipal•services. Now, the school board can worry about their monies and the County can worry about theirs, but I'm worried from where I'm elected, and that's the City. 50, I 3ust want to put on the record that I don't know that they spoke for all of the people present, _ but that in fact, the City would develop a users fee. A formula would be '.'',. _ devised, and they were all in concurrence that they would pay for those services. Just like the burglar alarm ordinance. Mayor Suarez: Do you think that you could leave that for a determination at second reading? Vice Mayor Plummer: Yes, sir. I would hope that the Finance Department could come up with some equitable users fee formula prior to the second reading. Mayor Suarez: You don't think that we'll be so far apart on what the actual fee is that it's lust sort of... Vice Mayor Plummer: Well, I'm sure there's many ways... Mayor-Suarez: ...wishful thinking. x Vice-Mayor. Plummer: ...it can be done as an assessment value of the value of the... Mayor Suarez: Property as if it were real estate. - f - Vice Mayor Plummer: ...property. They also do it on a per head basis.: I'm _ not, trying to set, that fee. All I'm saying, it costs this City to provide ~- them municipal services. If-you use it, you should pay.for it. ;r ~- Mayor' Suarez: So your basic concern is then on barges, that we collect 'something in lieu of real estate taxes. Vice Mayor Plummer: If, in fact, this Commission does... M,ayor.Suarez: Approve them. ~!' : Vice Mayor Plummer: ...pass and allow housebarges, I think that there should i F be a users fee paid on... t Mayor>Suarez: QK, all right, Vice Mayor.Pluirnners .,aaybodythatuses the fees. Mdgor Suarez: Heys deaperate,to say something on that. I'm not sure why, } btst .: ~, w , dir. McManus: Point of clarification, Mr. Mayon. We've kind of backed into a ,. share we-..are today,.. but in point -of fact, the item before you, Pz--19# the iegislatiaa ca ,pit oaiy dasis v~ith 1!,-bsraiizing the. rules for live-aboards is the grass treas. - It doesn't get into any of these .others, If you wore to ~i~ tail us to,geaerate is ialat~oa it world come back to S , you 'then at fiat ~= _ read~.ng. ' _~~ t:. .. Vice Mayor Plummax: ~Gsaerate pa what? ,.ea ether ~a~ic~itloz~al itoms? , ., , ~: d 2 2 ss. ,~~ ~:, - "- ~ '~- _ • • ;- _ Mr. McManus: We11, for exathpie, you've been talking about allowing ; housebarges on an annual kind of permitting basis. We mould then prepare a legislation, come back to you on first reading... _ Mayor Suarez: Yes, Joe, whatever the procedure is to get us to the promised land, if we agree. And I dust Want to find out if we agree. Mr. Crespo: Mr. Mayor... Mayor Suarezs Commissioner Dawkins and then A1. commissioner Dawkins: Explain the color code on this map to me. Mr, McManus: The blue areas relate to an ordinance that was passed in 1987 _- that prohibited housebarges and live-aboards in Little River Canal, and on the south bank of the Miami River between 14th and 17th Avenues. Mayor Suarez: Nothing is allowed in those areas by ordinance. We don't '~ intend to change that tonight, hopefully. ":i x Mr. McManus: Nothing. And we've been involved in the litigation, Hayes va. City of Miami, since that time. At that time also the Commission passed a motion of intent directing the Planning Department to study the imposition of identical regulations over the remainder of the Miami River. OK, so then we moved ahead to Ordinance 11000, which took effect last September which prohibited the - and that's the areas in the orange - prohibited housebarges _ Citywide, and prohibited live-aboards in the City's. residential districts. We then moved ahead then to the legislation that's actually included here in PZ- ±~ 19 which deals with the areas in green, the SD-4 areas. Commissioner Dawkins: Green? Green or red? Mr. McManus: In green, green. - Mayor Suarez: The other one he called orange which I would have thought it was- red, but... Commissioner Dawkins: OK, so now the one in green - I'm sorry I cut you off go=:ahead, sir. Mr. McManus:` That is the legislation that we have .before you in the package which liberalizes the rules for live-aboards in those green.: areas, SD-4 and commercial areas. Commissioner Dawkins: OK, now, of those areas in green, did the, quote - for the lack-of abetter word --live-aboards decide any area they did_not want to - live in? 'Mr. McManus: Na, I think they've answered some they would accept and some they didn't like. ~- Commissioner Dawkins: That's what I'm.... Some they like, and some they ,_ dis3ike: That's<what you're ,saying.. ? - Mr, McManus: Yes. vice Mayor Plummer;. Can I... Are you finished? sue- Commiasioner.Dawkinsx Go ahead,-J. L., go ahead, J.L, V'ice,`Mayor Plummer: I: have to at3k a question on houaebarges. .Is there any $ize.oz limitation being spelled out in the ordinance? I've seen housebarges the}t< w8z'e. • . z Mayq~+~Suareza Yes, Joe, that's exactly the best question that could be asked sow, I:et's assume this Commiss~ian were to say, look, wa don't waat to limit f 3~axges'~vs~rsue ~ot~s+~boats. We; don't sere for than distingtion, We don't evert `.; %_ cars fox' the ~xsa~ and rsd yQts kaow, just... The blue we want to exempt, Wa'vw~ ` tra~si that et det,ara.. We'Xe even_ in ~it~~atiQZ~ on that, but rye d~-A't want: a' ~ee~ing 'rea1~ buii+d~~g, wa= tsrant ;soraeth~.#~ that is, yot~ k~iow, rt~asamabie, .What wQ~t1d bet a nice limitation, comatoA sensi.cal lmitat~om that ` ,. _- w+a oottl.d put pn a barge? Rif ws ware inclined tc da that? ~' f ,: ,: - l ~::-. ~. a - -- -- __ _ :a .- __ `; Mr: McManuss We11, the State of Florida was faced with the same predicament, - how to define a housebarge. And it's defined by State Statute as a floating structure. And i£ you'll look at the overhead projector... Mayor Suarez: Joe, Joe, you've given us two nice little renderings with dimensions on them. You've suggested that we distinguish between housebarges and houseboats. If we're inclined not to distinguish between housebarges and houseboats, but to simply limit the bigger of the two, do you have any suggestion on how to limit the dimensions of that so we don't have a floating - huge structure? Sir, so we can get out of here tonight. Mr. McManus: I would think anything over 30 feet in length. Mayor Suarez: Thank you. - (NOES FROM THE CROWD) ~ obviousl that's not what the 're thinking. Mayor Suarez: OK, y Y - Commissioner Dawkins: All right, OK. Commissioner Alonso: Because it was a very small one that they show us. Commissioner Dawkins: OK, now, the other thing is, let me ask Joe and I'll be finished. Let's say for the sake of discussion that the bottom green area is around - and I'm just using this for frame of reference - is around shipyards t and areas where commercial boats come and dock and transfer business. And they say they don't want to live there. Then we'll accept that, and you don't have to worry about anybody living there, right? Mr. McManus: That's right. Mr. Crespo: Mr. Mayor... Commissioner Dawkins: .Bear with us. Mayor Suarez: I'm struggling, for myself, with some kind of a definition of what would.be structure that would be so huge .that we wouldn't want to allow it on the river, and 30 feet apparently is not... 30 feet in one dimension, we don't know about the other dimension, we don't know about the height, we don't know.. about the volume, we don't know about. the weight, we don't. know about ' .anything. So, if anybody has any good suggestions on that - I didn't mean to f interrupt your line of inquiry. Yes, you got a suggestion? Mr. Creapos Mr. Mayor, there are 22 housebarges on the Miami River. 3 E Mayor Suarez: Are there. some that you would recommend that we don't allow? ~- { You represent all of them, I guess. .; Mr. Crespo: Well, I represent everyone, and we all do. f Mayor Suarez: Are there any that are not represented by you? -because .they ~ obviouely'understandthat... r Mr. Crespo: No, sir, we represent every housebarge in the City limits. E r Mayor Suarez: OK. What would you suggest as a maximum size, just so we have yours? And: by what .dimensional definition would you suggest 1.t7 - { t Mr. Paul Kuchukian: I'm sorry, Paul Kuchukian, 51 N.E. 42nd Street. ~ Mayor Suarez: I guess we'it have to swear you in, Paul. ' i Kuchukian: OK. l~r. E Mayor Suarez: Hopefully, this is the last witness. `` AT ~~tS P.QINT '~~ CITY CLERK ADMINISTPREA REQUIRPD OATH UN~$Jt OR~INANCS NQ. ~ ~- 1051~ TO THQSE PERSONS OI9iNG TESTIMONY ON ZONING ISSUES. `, '' _ , ~. k: X24 i~~~'~h~ Zia 199I .'~ ,. i .,i: ... r- -, .. ys`. ~ ~> ,~ ~_ - ~ ~.~~ - Mr. Kuehukian: Mr. Mayor, I would suggest the current coning ordinances that are in effect right now as to building height.+. Mayor Suarez: That's what Vice Mayor Plummer was suggesting. Yes; some sort of a restriction... Mr. Kuchukian: You know, two story, you're in a residential area. I'm sure it says qou can't build more than two stories or more than so high, and, you know, it can't be wider than the lot, you know... Mayor Suarez: Well, wider than the lot minus the setbacks. Mr. Kuchukian: That's what I mean. Mayor Suarez: But that's about 30 feet. If you have a minimum lot size of 50 x 100, what are the setbacks on a minimum lot size in a residential area? Mr. Jorge Fernandez: Yes, but what is the lot? -the whole river? Mayor Suarez: Fifty by a hundred lot. Mr. Kuchukian: Mr. Mayor... Mayor Suarez: You know, meaning a single family lot, a zero lot line, whatever you call them. What are the side setbacks? - Mr. Sergio Rodriguez: Five feet on each side. So if you're talking about... Mayor Suarez: So you're talking about 40 feet there... Mr. Rodriguez: Forty feet in length. Mayor Suarez: How about lengthwise or width-wise? Mr: Rodriguez: Well, that's the length. Mayor Suarez: Width-wise then? Mr:'Rodriguezs I couldn't-tell you a figure on that. I'm sure. they have the '~ standards in he...: `Mayor Suarez: Well, what about square footage? The height is what om a R-1?~ } Vice Mayor Plummer: Thirty-two. j - Mr. Rodriguez: -Forty-five, forty-five. Mayor Suarez: Forty-five? 5 Mr: Rodriguezs= Excuse me.`.. f- Vi:ce.Mayor_Plummer: It's 32. Mayor.:-Suarezs ;Thirty-two. '-Forty-five couldn't be right. Forty-five ie.four $toriea. r Vice Mayor Plummert Height on a single family is 32, I'm told. <,~ Mayor Suarew: Great`, the old -simplest of ali the ciassiicatioas we're supposed to sil~have-.:memorized. Twenty-five, thank you. Mr. Rodriguez: 'xt's 25, yes. ~„ ~, _; ,, Vice Mayor l'lumn-er; Huh? °: Mayor Suaregs TwaAty~fiva. :: Vice Mayor Pluma-e~a Well,°..then you -got a' h~uaa in my aoigk:borhoosl that's 4 ~ r' ~oi~g_,bu~ilt -i~,~sgai~y. ` _ ~, : ~;. kJ~.:M+aM+~au~~ Wei'.; ~yQ~a always ~av+~ :t~ ~ememkor th~~ra la al~va~$ an ad;~ustmeat s ?~ 311$00 ~0~r$~i80`Q~ t~~ federal ~~QO~ t.~'~t~x'~~,~ f . i //~/)cq ~/ ss A 9 /A~ ly-~ .. r .- ? f ~v ~» Vice Mayor Plummer: Of the what? Mr. McManus: Federal flood criteria. - 'Vice Mayror Plummer: I'm not talking about the 12 foot flood criteria. M~gor Suarezt OK, by the way, that doesn't... so it's 25 feet. Mir. Rodriguez: Twenty-five feet. Mayor Suarezs OK, in the water, in the ocean, in the river, we don't have to worry about federal flood criteria by definition. It's the water level, right? - Mr. Joe Genuardi: Just let me clarify Commissioner Plummer's... It's 25 feet t_ unless. you have a sloped roof. Then you can have 25 to the midpoint of the slope.. Sa the peak of your roof could be higher. _ Mayor Suarez: .Twenty=five to the midpoint of the slope. f ' Vice Mayor Plummer: There is a house right now being built on Tigertail that is going to 32 feet. i Mayor Suarez: Mr. Vice Mayor, could we take that up at a different time? We're talking about live-aboards, and housebarges, please. Commissioner De Yurre: Mr. Mayor, I'd like to have something cleared. 1 `'?, Mayor Suarez: Yes. Commissioner De Yurre: Now, do we have a problem or what are the rules as far as the.;areas that have to remain open for travel to go through the river? Mayor Suarez: That's why.I was hoping that a definition of a maximum, size barge would prevent one so huge .that it would, in effect, reach the navigable .waterway part of the river. t -, Commissioner De Yurre: Or won't there be areas where a barge cannot be placed f ~ '- because it .would interfere with the. use... ,,._ Mayor"Suarez: Because it's so narrow that. right off-the-bat you can't even -have;a aingle one., ... Commissioner De Yurre; -And would you have a problem that you can only go'.out '~ to a certain amount, because you mey have another one on the other side? _ Mayor Suarez: Yes.- ~ ;~ ~.t ~ Commissioner De Yuxres You .know, so you have. to have minimums... Mayor'Suarez: Aas all of that been. considered, Joe? -I mean, what 3s the ;f teohaical zeetriction or constraint -that we-would want to have just to allow, - the river:. to have its normal flow? Or is that something we would even gel into? ;; Co>7unaa~ioner De'Yurre: We'd better go into it. ` -Mr. MaMaaus: Well, you've gat the main .channel in the Miami Aiver, aad than • on either side outside the fairwa Y, you have the... '; Mayor Suare~r None of this contemplates that anybody would penetrate into the ,_ ~ !. wain channel ;by having alive-aboard;on one side, oao`on the other:$ide.? f Mr. McMaaut~st ~To, .you can"t... You couldn't anchor out in the; main chaaae~. ~' But you aau~d, o~ .couirse, - ia:.tbs canals. ,~ '! MayAlr : ~uaz~~e;~s d:_t~ai~e r¢s~tx~ict~,oas . ar,s tot needed tQ. p~~v~n~ that, ., ,That is . '~ ghat -~h~ -~a~-~s~~.Qne~c i~ c~~aca~'t~sd alaout. _ ~ . '. G~mn;~.e~iQnet De iC~rrs: Wail, . ;~s 3;t •. Qn t~.;cat, o~A, ~x~i~t s~o>r.^s--e: if =you. h~Ye ';~- ~ `~" -. ~ _= ~~~ ~exc~t ~~~ ~~R4.~ ,?== ~~ ~, a~w s + Vice Mayor Plummer: No, it depends on the property owner. Mrs McManus: Property owner. Y'ou have to tie up so the prop... ~ - Mayor Suarez: M'o, but he means "first come, first served," because on the other side there may be somebody and you might not be able to get on your. Aida, because then it gets too narrow. That doesn't happen? commissioner De Yurre: I'rn sure... Mr. McManus: Well, it Could happen, saying the Seyboid Canal is very narrow. ~ ~: Mayor Suarez: It could happen. ~: Vice Mayor Plummer: Yes. Coromiasioner De Yurre: So, you know, what do we do about that? Vice Mayor Plummer: Set a minimum distance of passage. - Commissioner Alonso: It has ever happen... Commissioner De Yurre: So, do we get into a situation, let's say you hav e b0 feet... Mayor Suarez: I think it's all regulated by the federal government, yes. Commissioner. De Yurre: Let's say you have a 60 foot wide area. Are you g oing to saq, .fifteen and fifteen or twenty and twenty, so you leave 20 feet open or, I mean, how does that work? Vica:Mayor:Plummer: Hell, you got boats that are 20 foot wide. _ ,-Commissioner De Yurre: Well? Mayor Suarez: All right, Commissioner Dawkins, but as we get into the 'discussion, I would hope that our staff would be .ready at some .point to give us a solution... ;': Commissioner De Yurre: You got to know about that. Mayor Suarez: ...along the lines. of what we're discussing, instead of dust :.sort :: of -<st~ing back and waiting for us to solve something that we're not particularly technically comps.... ~' Mr. McManus: Mr. Mayor, if you have a mind to allow housebarges... .Mayor .Suarez: Yes, we .have a mind to allow,housebarges. Mr. McManuss OK, you have to remember..: Magar Suarez: Within a'certain .limited size. Commissioner Alonao: Oh, you noticed that? ~,, ;: Mayor .Suarez: Yes! ! ~~'~ Mx. McManus: OK, you have to remember that there are only .22 of them., { Mayor--::Suarez: Yes! ! ,.. .. . br,~- M~Manusc One way of agproaching ahis .would be -to icerise -.them .; ~ Hayc~x Suarez: Grandfather them in. ~E. _ ~, ._ .r .;_ - ~-' , __t Mx, McManus:; Graad~athez them. License them iadividua~~.y, ~~egact = thew yeariy,~.;and rt~tey. , , t '° ys~r-~t~re&s.Weil, he wants to chaxge thea-, so that might be Qn~,~vey tc~ tna~Ce ~ ,ear-~ ~~ia~ w~ ~~~ get ~~s~x ~aohoy, ~ , __ j ,, .. ,~ _. .~ ,~ ._ ~ t~ t,~ ~,c~~1) uw~ r i yf .~c - - .. -- - a.~L r 1`_~~`U _ -~ ._ - _ - - - , --, ,, -_ ! . Mr. McMsnuss Y'es, right. ~dmeai:~sioner Alonso: All 2? o~ them. ~ '~ Mr, McManus: And 1 would suggest that... Mayer $uas~e~:- Twenty two, I think. tt's not even 27. commissioner Aibnsti: Twenty-seven: i~ Mr. Montanus: ... if triis is~ in your mind, that you would then say you didn't , want.; to a11t~w s~ny new ones in. ' Maybe Suarez: Nell, I'm not sure-that we don't, but..: Mr. McManus Well, I think you have to... ~ ~ dice Mager Plutnmers ~te11, but you don't want a proliferation of them. That's . .your..problem. - Mr. Ituchukian: Mr. Mayor... Mayor Suarezs We don't want to7 Vice Mayon Plummer: A proliferation. It could happen. Mayor :Suarez:" That's probably true too. Mr.~.Kuchukiane Mr. Mayor... Mr:~ McManus: And..further, that you. could not: replace a housebarge.if it was ~' beyond repair or sunk. _. Mayor Suarez: why v:ould.you want to interrupt at a point that we're making progress in the direction of:helping your. client? - Mrr-Crespo: Oh, no, I°don't want to do :that, sir. _ ~' ,. Mayor Sut~rez:'-All xight, `.": :. ..: - ;~ _ Mr~ Crespo:: What I was trying to 'say... ~~ -- Mayor Suarez: But try us'anyhow, I. guess. - r. _ _ Mr.?Crespoz' No.' What I..was.i. ~ :. ~ " . .. . a,: Mayor: Suarez: For':lack of anything better to-;do of-this point. :~_ Mr.~ Crespo: I-have ~'-last my thought., - I •apolo$itie~. ~ r .. - - _ 2 ?6 Mayor,Suarez: Maybe Paul here can help.-you: ~, Mr. Kucbuk3.ans~;;It's my understanding,.. , ~i' Mayas Sua~ezc. No, no,~you've-got to do,it:on the mike, Paula - Mr. ~ICuchuklaas ' ~.I!v~ ~-begin told that the,'Coast'Guard has a rule that navigable ~ ~~ w~~es-wa~-a°~; are~td~,~ided :;:into thirds. - One third for each side, attd oae third } a= , ;E~or;:,the ~t~i~ddle:. ~ ~•Sq ;that by coast - fBderal regulat-ion we :couldn't block a ~haaael. 3 - `' is , _ at assumes that three Limes .the minimum amount is Ma o~ Suarez: Well, th Y fir . ~ ~.a~~~~s ~.~sou~#~" ~ fQr ~--~~e ~~channal. , Anyhow, that's. ~ alb. Coat3t Guard reguiatioa~. , >" ~ ~ ~ ~~ ~?K~. ~Q : you #~ava aA answaF on ~~ say.. o~ thin? ~ ~~ _ ~~ ~:,. Mr, CxespQS DTs, i~'~ oQraa back tca sne, ~~.- s ~ Mayor ~ Suapa~s X~at~ ~~Q~ youx ~18~~ ~t~lb~ , ;.z ~ _ ' : M~, ~x~-a~Qa ~~s•.~~ ; -_ _ ~ ,: - a ~ ~ ~.~~ x, 1'•'~- ~+ ,. y~_f 2'i i .F. ~dY.~_ iii' i i M 4'4 t , 4,~ - ~~ Y ~{ 1 .. " ~ Y "~ ~ //~~44pp •~ pp i AA((~~ h - ~ ~ 4 h~. ~ f:_ ~. ~ ~ } r~~. ii . H. ~ - _ tt~~..~~~_~~p ~._ ~ /~ de 2 ~~fs' ' ,f_ A -- - --- -_. ~~ ,;' Commissioner be Yurre: ...Woodstoo.•t dgys, eh7 ~- Mr. Crespo: Yes. V`iCe Mayor Piummer: What did he say? tdr. Crespo: Ail right. When we had the workshop, there were a li:~t of recommendations that were attached to. .. ~ 'Mayor Suarez: Beat line of the last couple of weeks. Mr, Creepo: ...your ordinance, P2-19. We, in turn, prepared our response to those recommendations, and one of those recommendations is that we, as much as you, do not v~ant to see dust a complete proliferation. First, there is no proliferation because they don't build these things any more. I mean, that's - a-very limited process now. You have to be very rich to build them. Mayor Suarez: Well, if we went to a licensing one by one, we would take-into account the proliferation too. t Commissioner Dawkins: Mr. Mayor, Mr. Mayor... Mr. Crespo: Yes, I mean, and... yes, yes, sir. Mayor Suarez: OK, Commissioner Dawkins, because you're not really helping us here. 7 Commissioner Dawkins: Mr. Mayor, let's give them 15 minutes to present their - side of it, and let's have a five minute rebuttal from them, and let's go home. Mayor Suarez:. Well, i don't think we even need to go to 20 minutes. I think we're close-to a solution, I hear. Commissioner Dawkins: -Well, let's let them present their side of it, and then _ let's - if there's anything else - let's vote. Mayor Suarez: Commissioner, I guarantee you that... Commis~ioner°Dawkins: They haven't said one word... Mayor Suarezs Because we're solving their problem._ We've. got a consensus :here ahat:we... Commissioner Dawkins: Yes, but they've been over here almost. 35 or 40 ' minutes,=and we`keep:saying, over here..:. Mayox-Suarez: `'Believe me, if they'hadmade their presentation... Commissioner Dawkins: .:.trying to<°say something,... -'' Mayor Suarez: .'..they had .made-bheir=presentation, .we'd be here-all night:.:- '. Mr. Crespo:' No, sir, no, sir. We have a short video. Mayor Suarezs- Well, don't argue that point because that doesn't do say good ~ at°this point. :Now, dp-ypu:have a suggestion on a: maximum size? What~s~beng pre$ented over 'here '''wouid',. be, ;:let's say, ~ 25 feet; with: the, , usuai def inibion ~ under our zoning code fs?r a_ sitsgle family residence. It's. got to be'.. { .height., .,right. There''s got to:: be.~some width and length maximum.: , . _ , x- 1 Mx, Crespa: Thirty five by sixty, I'm to~.d, .. . . < • ,- ,: ., . ..... Mayor Suarez; By sixty? '. i~r, Crespo: By .sixty Yes, mire. and that,.. ~iGe- May~~-`Piummar: -: Thirty-five by what? ,': qtr, Grmapa: ~~.xty, = - _. J ~_ ,~ c ~s ~~m~i4aycA~-~'iiu~A4er3 ~ixt~? ~,~'~ ~~tx~h $~t ~~~i ~- M~. Crespos Yes, sir. ~ 'dice Mayor Mummer: If the lot is only fifty feet? ` Mrs Crespo: No, sir. There are 22 boats. The largest one is, I b811eve, JU k 55 and we're just, you know... If that's the acceptable... 'That's there a~re~dy~ Mayor Suarez: You know, 35 x 60 - unless my math is wrong - is somewhere in the vidinity of 21100 square .feet, and that's just like in one level. If you haws two levels, you're talking about forty two... Mr. Crespo: No, no, no. lt's... Mrs Kuchukian: Mine is two levels. Mayor Suarez: That's like Commissioner De Yurre's home in the south Grove. Mr. Kuchukian: Thirty-five by fifty, two stories. Mayor Suarez: I don't want to tell you what he's paying in taxes, because then we get into the whole issue of... Cotiunisaioner Alonso: Thirty-five by... let's not go into... Mayor Suarezs ...but I could tell you it's a lot more money than any of you v~tould ever want to pay. Probably... ,, i `- i -; 4 _{ 1 Mr. Crespo: Yes, but if you're on the Miami River, which is a fairly large body of water, I mean, it's not a bulky thing. - Mayor 'Suarez:: Sounds::bulky to me. - ,.:" Mrs Kuchukian:`-Well, I'm behind an apartment house. _ Mr."~~Crespos And=:nobody sees it. Mayor~:Suarez: All right, :Commissioners, any ideas? Or do you want: to ~ complete your presentation as suggested by Commissioner Dawkins? -and then we : have to ;act .... - , i Mr.-Crespos I- mean:we have prepared a video which we wanted to show, but rather thanthat.., ~;, •. Mayor Suarez: A quick,.very short video? "- Mr. Crespoi It's aten-minute video. -Mayor Suarez: ..It's a beautiful video. Mr. Kuchukian: Let's do this, and then we' 11 show you the video if you want to:"watch.; - Mr. Cz~eapo: Anybody that:.wents to stay after,. we'll show the video.. 1 .,' Maya~r:Suarez: Well,>you,get.e;grand total:of~14 miautes between `the .video and ~' ... your presentation. `You got four minutes of your presentation. Mr, Crespo: We'd rather deal.with'the words, We'11 show the. video afterwards .- Eox-there mho like Burt RsyAOlds~,-Aon Johnsoa, and>Philip Michael Thomas. . ,_ . _ Mayor Suarez: .That's all~in'the :video? , _ `" Mr.:Crespo: Yea, s'ir. ,, `~ : Mryor Suarezs What xhs hell dose i.t.,. 3" mesa, what does that hav$ to do ;- >W-~th~ ~ . 4K, go ahead. ;; ~t`;a:(91FBQpt9i ~11e~1, .all 11~r+0~a1~4fl~'~~d~ °~_ ~~ ~oq~aiasiou~r ,Alc~~anos : Jet -4~n°~asr we llt~i .then, wr- wiil: vot~a i~. them ~eevox~ ~~ r .n_ , - ' .. -. ~3G - March ~~, ~~~~ k ,: , _ _ s 4 -_ _ - -- ,. - - --- g i i Mayor Suarez: Ail live-aboards: i Mr. Crespo: And all promoted,.. '-} Mayor Suarez: Drs you really think Don Johnson lives on a boat? OK. Mr. Crespos tie lived on a boat in Miami Vice, sir, which promoted Miami. tae ~ '_- ~gs a iive~aboard. - Mayor Suarez: OK, no, we understand that, but that really isn't all that relevant to... OK, any.... Mr. Crespos We're prepared... we've come to try to reach acompromise. Mayor Suarez: OK, what you're going to try to argue then is that this is a ~tery quaiht aspect of Miami life. You've got Newsweek cover there which R i presumably shows some housebarges or houseboats there. And you... I Mr. Crespos (fur position is this, sir. It's a historic part of Miami. From the very beginning, houseboats have been an integral part of this City. There was a houseboat on this piece of property that served as the first hams for Pan American Airways. We have a long and rich history of houseboats. Our concern today is that we don't believe that any of us have done anything that merits us being just told you have to leave Miami. I mean, we have tried ta... Mayor Suarez: We're in agreement with that though, A1. Mr: Crespos OK, so... Mayor>Suarez: But we're trying to find some reasonable constraints, if any, should be °applied. We tried to do it on sort of the amount of the channel that you're using up, but that really leads us into U. S. Coast Guard regulations. We're 'trying to .limit you from having some huge. structure, :but we cant seem to agree on a particular set of dimensions. So, if Commissioner,,. De Yurre has abetter.... - Commissioner De Yurre: Mr. Mayor, I think that... Mayor Suarez: ..maybe no regulation is the best of all, I don't know.- Commissioner De~Yurrea Well, but I think that certainly we have to have some standards;; as to the size. of the barge depending on the lot. Certainly has to _ be some relation to the land that it's tied to. Mayor Suarez: It's attached to. Commissioner De Yurres :'.There's. got. to be_that. _ ,- Mr.,:Crespos Existd,ng•zoning. Commissioner De Yurret What1 Mr. Crespos Existing zoning. ,; ; . Commissioner Dawkins: It's attached to a house in the front of it. Commissioner-De Yurres Weil, that's fine. Megor Suarez: It's always attached to' some property. Thsre's sometimss•it could.ba industrial, sometimes it could be huge, sometimes it could be very . smal.i late, sometimes it would be a resdeatisi single family lot,. I guess. ,, Commii~siQaer Ae Xurre: Now,;my queatioa is, is there that great an objeat~oA, ~ 1 ~ a:ea~, who ~ s obj pct ing at~out ~ the 22 ~ ~ was . i.t barges that ws have? ~~ ;; - , ~ - ~ir. Grespo: Yee, sir. = C~~ieelt~AOr Ae Yurx~+~: Who's ob~~cting to that? : . ~X~~., ,. ... .,., ~eyc~ ~t~a~a~s ~Ipbpdy has sheton up to cbje,ct. } , ~~ ~= ~~i ~4srgh ~~~ 4~4~ ` ~ , ~ ~ ~~_ y~}.~ Cornmissicner De Yurre: OKi so ~ mean, what are we doing? V'~.ce Mayor Plummets .Question. Mayor Sugrer~: Nobody has called, nobody has written except Marguerite, and i think we've taken care of her problem. ;.~ Commissioner De Yurre: OK. Vice Mayor Plummer: Question. _ Mr. Crespot Yes, sir. - Mayor Suarez: Vice Mayor. Vice Mayor Plummer: In the interest of safety, Mr. Director, do these barges have to comply with the South Florida Building Cede? _ Commissioner Dawkins: No. ~ - ' i Mayor Suarez:. Wait, wait. Vice Mayor Plummer: We11, I think that's an important factor. We're subject to hurricanes down here, electrical codes, plumbing codes... Mayor Suarez: It may be preempted by the federal maritime jurisdiction. Are. _ they?,-Mr. City Attorney or Mr. City Manager,. Assistant City. Manager... Vice .Mayor . Plummets I'm, asking, are :they subject to, or... you see, let me tell your what can happen to you. Mayor,.Suarez: Are .they regulated by the South Florida Building Code? I don't think_.so. Mr. Rodriguezs It!s.not. My understanding, it's not. Vice- Mayon,.Plummer: You can get somebody:,out,.here-who,gets a barge.-:that can ~? put , an outhouse;.. on -the,:. damn':thing OK? And; that, ..nobody wants. I ,.want:<to tell. you,:,you",go out .here: in the anchorage, and you .look at some of those things `out in this anchorage that nobody's proud of,- but yet they ...have that. right.- Now, I'm .asking... ,: Mayor Suarez: Joe had a suggestion then that would get us out of all of this, which was... ~ ~.; Commissioner Dawkins:. But J. L., J: L.,~:.they're up the river, and :according to the .Coast Guard., it's a'safe harbor,-and that's why you see the boats rushing _ to `go up the river `when there is a hurricane because it's a~safe harbor. So ... Vice Mayor Plummer: But if, in fact, hat's not mp question, Miller. _ ~ ,,. ~ , . _ _. Cvmm3.asioner Aawkins::.OK. .; ".,:;, ~ , . _ ,„ YlcetMayor Plummer: My question is if you've got a house that's riot properly bt~iit,. pit ;cs~uld `be , a ;devastati>3g-.thing:n~ a storm- by'caming apa.?~t• Now, ;if ~ ; ' ~hsr,~?<$ :nu ru,le$ .and no xegulatiQns~;partaining .to the safety off: those things "4 5' fi~hat-;:aauld cause ;damage xo other: facil3tiea, they cou],d break lopes and total... ~ ~: - ~ ~. Mayor Suars~zs OK, Commissioner DeYurre,.., } `: _ Plt~ttuusrt I th~.nk.. , I'm asking, #.s thare~ anything that regulates Vios ;May~~ ~ ~ ~: * t~Q~T~k ~t1"KQ YU ~.R~~~ ~ '' ~ ~ i i ,. ' h ~ " ~~ra~~4~~~~ar I1awk~~aas ~_~t~. , ~~ : ~~ 1 i" ~: ,, _ Mgyo~ fiuax~& s ~hss:~a±a~ety~ , , :: - ~t~~t~t, the < aasw,ar is . no. , ~ ~ . ~ _ -~ ~, 7 I 7 - -. _ ^ t ~-.._,ua _--- - - ,,, .,, 3.,. , ., ~. i Comnssi~ionar I)s Yurres OK, what do we have to do as far as the ordinance is aot~cerned to allow the status quo? Mayor Suarez: If we wanted to just simply preserve the status quo of the ~2 '; that ara out there, what would we have to do? Could we take no actisin - whatsoe+ter today? ' Vice Mayor Plummer: grandfather them? MY. McManus: Mr. Mayor, in the interest of conserving your time, I think we, _ the staff, have an idea where everybody is coming from. Mayor Suarezs Pisase. We're ready for it. We've been ready for it. Mr. McManus: I think you want to grandfather housebarges under some kind of a i i permitting system... ~,` i -; Mayor Suarez: Yes. t Vice Mayor Plummer: That's all... that's there. - Mr. McManus: You're concerned... Mr. Fernandez: Point of order, Mr. Mayor. Let's make sure that when we say grandfather, we're not including or referring to grandfathering any housebarge which may be the subject of litigation that's presently pending. Mayor Suarez: Absolutely. Mr. McManuss Why don't you give us the opportunity of meeting with the Live- aboard Preservation Association? .Going through the points you've discussed..-- we have some general direction -and .then come. back to you. - - Mayor Suarez: Well, .the sad thing is we. thought that's what you weresort:-of - suppoaed:to be doing all this time. But anyhow, yes. Let's do that. at least, Joe, at this point. - Mr. McManus: OK, now... Vice Mayor Plummer:- All right, and now, whether it's your department or the Finance=Department that comes` up with a formula for user fees, I want that _ included in the next hearing. - Mzi' McManus: Now, Mr: Mayor, there' is the. legislation that's included under PZ-19 which deals with the green areas. Now... Mayor. Suarez: Which iswhy Commissioner De Yurre was asking what we would' have `to do today to allow the continued existence of these while we negotiate our way to=a new ordinance. Can you. answer that question? -without getting into green, red... Mr. .McManus: I would think .there are two largely distinct areas. You could go ahead°and pass PZ-19 `on its first reading,-and then amend it.... Mayor"Suarezs No,: assuming thee. only concern that we had was with the blue ;; - areas.'. That everything else we don't want. to change the actual status. What would've do today? Mx,. McManue:~ Nothing, we'd have `to come back with legislation that would remove the prohibit-ion against housebarges Cjtywide, and wou d allow l va- aboards in the'City's residential areas. We have to come back with new ~ f legislation, a licensing system... , ' = 4 ' _ . Mayor Suarez: to the meantime,. are they, in effect, :illegal. out tk~era? Is ` A, that what you're saying? ~ , Mr. McManus: ~ think the..,. ~ ; ~ Comunis$iPnex l~lon~sc~F A.~e they now? . / So we would just agree to take ao en~Qrnement actign. Maya' Su+arezs ` ;_ ;~ ;., a 2~~ ~axc~ ~S~ ~A4~ ~ ~',:~: - y ,, - ~.- Mr. McManus: i~1e'd suspend enforcement action? Mayor Suarez: Mq God, we can't get a simile answer to a simple qusstion. Mr: dehuardi: We had several that were cited, but We had to hold off becaugs of `litigation on it: there are some out there that are legal, but they become legal nonconforming until we amend the ordinance. Msyt~r Suarez: Are there some that Would be illegal if we took no action today of .the ones that the gentleman is representing? - unidentified Speaker: Yes. Mayor Suarezs Should we then not give you instructions if we are going to try to put together anew ordinance with a whole new approach that no enforcement action be taken as to those? Mr. McManus: That would be appropriate. Mr. Rodriguez: Yes, it would be OK. Mayor Suarezs Thank you. Vice Mayor Plummer: Take them before the Code Enforcement, it will be a year before they do anything. Mayor Suarez: Thank-you. Mr Thomas Schlosser: No, sir... Mayor Suarez: Commissioner De Yurre, would you like to put into a motion what he's dust suggested, including the two elements of creating an ordinance as theq think they can create to essentially grandfather all the existing ones in except the .'ones-under.: litigation, and take no enforcement action to the ones that would be°illegal-under the existing code. .Commissioner De"Yurre:` So be`it,-taoved. - Mayor Suarez: So moved. That's-about as good as we can do today, guys. ~~ Commissioner Dawkins:` Has it been seconded? - Mr. Schlosser: May I say one thing about the litigation.: Just one item, dust - very quicklq..:Clarificat-ion on litigation. Mayor Suarez: Yea, :,we'll` get' a clarification `on that. I dust want to see if We~have-a second on that.:motion: ,: ; -~ .: , Commissioner Alonso: Yes. Mayor-Suarez: Yes, seconded by Commissioner Alonso. ,. - Commfsgipner De`Yurre: Weld, then,slet's.'. s ~' Mr;~:Sctilasaer: The 'clarification on•.litgation is the blue .area on the Miami ~, River. I have a.... ,~,, s==... , . .: '~' Mayor'iSuarez, ~ I presume•that that's what we were talking about when we were r , ta3~ng ~bQUt~-litigation;- is 'the; blue. .The :live-abaards in .~k:e blue area' who ' f :' at'e arguing thmt trey should be allowed to be there even though we passed an - = y: ,. ~~rdindaace.~ega~.nst .them. _ Righty ,: _ _ ;' ~~, $c~aloaaer: Yes, ~:as~ . we' irs styled into that -case with the Belle Meade ~ :,:- ~e~~~~~1~s ~ r'. ~ w,. - t. ~: ~. ~ fix` ~myok~;~u~~e~~ •~°yt,9ie~:-y±r~u~~ aanae, r~ir? t - ~~` t4r~ ~;:~5ahloase~; s~-~~~~~~~~~'-w ~~tay~~hBme~ r~~ ~#emae ~o~lo~ser, ~ live ab 174 ~JW, ~° ,&auth;Rl,~~r ~?rive- M~.a~i~: .~f~i ~..~fv'~ ~~ ,~~~ #~lue area th~ar~a ot~ the t~~~a~. _ ~r s z ~~'~ ~~y~~~ S~e~~va~s ~~~ ~~ S~it~la ~iv+ar ~ _- ~~1' l~' ~.t j~t 1 1^'•~M1 `'4 i"L" ~~51 ~i . ~ ~R17 .. `' J k . .. n ~~'~ ~~~, P.~~ ~.. 3~ CFI ~_ __ _ __ __ -- - , .. 7'± .... t -+ i Mr. Schiossert we are not styled in that case, or my boats are not styled in ' that case. Y have letters from 100 percent of the residences on that side.... Mayor Suarez: OK, but W'i're not going to be able to solve that todaq, I don't ~ think. Mr. Schlosser: You can't solve that, but can you put it that we Can talk about that 7 e Commissioner De Yurre: Yes. '~ Mayor°Suarezt .'That's interesting. { Mr'. Schlosser: That part of it. Commissioner De Yurre: Talk with the City Attorney. t Mf. McManuss` Mr. Schlosser... ` Mayor Suarez: Yes, Mr.... Mr. McManus: Are you representing... no one in the blue area in the Miami .River is-.named as a party to Hayes vs. City of Miami. Mr. Schlosser: Yes, there is no one as a party to that suit, that's true. No one in the Miami River is a party to that suit. Commissioner Dawkins: OK, I have one question under... Mr. Schlosser: We're involved with that as being blue. Mayor Suarez:.' OK; are we inclined to have that, the whole issue, revisited as to the Miami. River? I don'ts know why it was ever included because really we were answering the concerns of Belle Meade Islsnd, but... - es We'd prefer to continue: he litigation of-Haves. vs: City:-:of Mr.~~McManu Miami which includes that-area in the-Miami River. ~,.: '~`. - Mayor'Suarez. --All 'right,. but anyhow, we're not going to=decide. that .tonight:,. - being soy we. understand your point` that that still has some- merit in pose bly i ;., reviewed. OK: ., ., ~ Gotnmissioner Dawkinss Point-of clarffication... ' ~ Mayor Suarez: ' So I think that . you have a:` right ' to" demand ,a -hearing- before , , this Commission by-sending to.the`-City .Clerk the. appropriate request, on the i ,, blue ':area as to the river, and: that might be the-way to do it, Mr. Schlosser. i a tt L ~ ~ ~.-_ .. v ~ i . .= Mr. .Schlosser: "L'll do :.that. .Thank your ~ ~ ;: ~ Commissioner Dawkins: Point- of clarification. You. say you're going to „~ grandfather 'in those.that are-there: What `will be-..the crite3?aa. for new"~. boats? ~ '. M~yor:~Suarezs >Theq-'ll have to develop all of that. Mr. McMaaua: `AS I understand it, the.., + , + - ~vmmie~iioner: Dawkinas ~ 8~9g your, pardon? Huh? M~, ~~~Ic~4a+nµ~s . _ ~lr, Commiaaioner,. as _I under$tand; the dirQCtion ia, you would 4 `~Qt~~llt~ -an~r 'new a~n~a. ~ i ;` .,Goia~al~~~iphd `Da~vklslas '4. You're:not~ going to allow any new anus. ~v ~' j ~~~ ~icM~aau>~: ~~NO ae~ houseboat. ' _ ,~- ., °`,_ ,, ~11~-5»` .~}~~!-~i i'19' ~~~h~` A3~i~~~'~~-all4w~°~a~y;~ ~ - ~ ' = ~_- ~ ~ r ~' _~ ~1~~, ~~1~ the x~~~.~• ~amrni~~#.ansr ~~'~k~n~~. ~ _ , ~. :: A . ~ S ~ rt ~ . rr ~Pr wQ ~ ~~y~ ' ~ ~~~ ~oA. ~ ~y q •Rd cc ~~T~Tf~ I --~- ~J ~ ;S .. > ~ . - _ ~,_ k:- ~~~ ~~ ~ ? i ~ r ~t ~ 3d t A ,~ i r ~, ~ ~ - i ~ ~.k jj - ~ - . ~z _ -_ _ ~.:L4~=\14L .. tr~~.K~4.+. ~wJP . a. n ~.- f ~ __ °` ,. ; Ms. Hirais Yes, sir, we do. Vice Mayor Plummer: I would appreciate you addressing my concern in relation to the South Florida building Code in your talks with all of this scenario. I ~ stn concerned about something that would be put into the river that would be not only a disgrace... Commissioner Dawkins: Put in the river? -it`s already there. Vice Mayor Plummer: No, something about that it would be a disgrace, something that would be absolutely atrocious. It could come apart and cause problems for other people. Mayor Suarez: As envisioned by Commissioner Dawkins' question to you, Joe, that there would be no new ones allowed under the ordinance, we end up with sort of "Stiltsville" type situation that only those that happen to be there at a particular point in time. I don't know what the legal implications of _ that is to do it that way, with no possible window of any new one coming in. I would ask. the City Attorney to look into that so that... Mr. Fernandez: I will. Mayor Suarez: ...so that we end up with an ordinance that is defensible in court. Mr. McManus: I don't think it's a problem. Mayor Suarez: OK, we have a motion and a second, and we're about to call the roll. Any further clarification, hogefullyT Mr. Crespo: Yes, we had recommended that we talk about a future, but a future that would, be decided by a committee of civic leaders, marine community people, about that possibility. Mayor Suarez:-.Well, in the process of formulating a new ordinance, we would hope that the City Manager or City Attorney, Planning Department and so on, would meet with you, through committees, individually, whatever makes the most sense. I don't think you need a motion on that. i think they're sensible enough. - .I think the Waterfront Board ought to be involved. I see Jim back there. Mr. ;Rodriguez: I-don't understand .exactly. When he's talking about the ! future, is to .allow future housebarges or... Mayor': Suarez:. iJo, I-think as to the ordinance that will ultimately be placed. and. = Mr+.Crespo:. --..Our ..recommendation..was. to have a one year moratorium on housebarges. - any new housebarges. During that period of time, that there would be..a... Mayor Suarez: OK, there's some Commissioners that are indicating that they will probably;end up-voting, if theycan legally:and..constitutionally do;so, against;any new ones, Mr. _Crespo.:~= Right. ~, May+ar;Sua~ezs-;;You'.re-_going .to try to argue in the next few weeks, as we prepare phis ord~.nance, that that should not be included. in the ordinance. I wots~.d -b$. , n~li~~d to ; yoxe the other way, to allow some new ones3. Dut, you kaow, maybe with a moratorium, maybe not. So you're going to have to get a t>asl during~,woxkshops and.;discussions with staff as to what this Commission is l~,kely to approv® and what they recommend to be an enforceable ordinance. QK? tdr. Crespo: CK. . Mayas" Suarez: ~h~,s ~a tbs3 beat we can do today. We have a mot~.on and a t~e~4nd. Any furtlnet`• discuss~.an? I~ not, please. tall the xoll. ~i ~ ~' _ The following motion was introduced by Commissioner De Yurre, wha taoved its adoption: .MOTION N0. 91-251 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION TO ACCOMPLISH THE FOLLOWING: (a) TO PERMIT LIVEABOARDS TO USE HOUSEBOATS AND =_ HOUSEBARGE5 AS LIVING QUARTERS; (b) TO GRANDFATHER IN ALL PRESENTLY EXISTING HO17SE$ARGES EXCEPT THOSE UNDER ,rte LITIGATION; FURTHER DIRECTING THE CITY ATTORNEY TO ~- ENSURE THAT SAID ORDINANCE COMPLIES WITH THE SOUTH __- FLORIDA BUILDING CODE; AND FURTHER DIRECTING THE ADMINISTRATION NOT TO TAKE ANY ENFORCEMENT ACTION AGAINST HOUSEBARGES/LIVEABOARDS ON RESIDENTIAL AREAS UNTIL THE CITY DRAWS UP AND ADOPTS A NEW CONTROLLING ORDINANCE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso _ Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre.* * - Note: Although absent on roll call, Commissioner De Yurre requested of the Clerk to be shown as voting with the motion. Mr. Rodriguez: Mr. Mayor, we have one item left. Mayor Suarez: PZ-20. Did you want something, sir, back there, that has something to do with what we dust did? t Mr. Scot Silverglate: Yes, I dust wanted a clarification. ,, Mayor Suarez: And your name is, sir? Mr. Silverglate: Scot Silverglate, and I live in Belle Meade Island, and I'm _ the president of the Belle Meade Island Homeowners Association. Mayor Suarez: Yes, we kind of assumed that Marguerite was speaking on your behalf, but what did we not clarify as to the blue area? Mr. Silverglate,: Just a clarification that the zoning ordinance 11000 will still be in effect in the blue area. Whether... Mayor Suarez: It is in effect. We have not repealed it or annulled it or o anything. Mr. .Silverglate: Whether or not there is litigation pending, 3ust as long a$ there are boats in it. ' Mayor Suarez: Xes, definitely, it is in effect. Mr. Silverglate: Whether or not there is litigation. Mayor Suarezs It is in effect. Mr. Silverglate: Thank you, sir. ., } E t ;~ 44~ FIRST READING ORDINANCE: AMEND 11000, ARTICLE 16 (SPECIAL EXCEPTIONS) AMEND 1600, ADD SUBSECTION 1605.1; ARTICLE 19 (APPLICATION FOR VARIANCE } PROM TERMS OF ORDINANCE); ARTICLE 22 (AMENDMENTS), AND S'UBSECT'ION 2215.1 - ALL TO CLARIFY APPLICATIONS FOR SPECIAL EXCEPTIONS AND VARIANCES AND TO UNIFORMLY REFERENCE PROCEDURES FOR CHANGES TO ORIGINAL ~'- APPLICATIONS (Applicant: Planning, Building & Zoning Dept.). ----------------------------------~- y ------------------------------------------ Mayor Suarez: PZ-20 is the last item. It is presumably not controversial. ? There's no one here to oppose PZ-20. r~ r= Commissioner Dawkins: Move it. I ~= Mayor Suarez: It's been moved. _ Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE lb, ENTITLED."SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS," BY AMENDING SECTIONS 1600 AND 1605, AND ADDING ANEW SUBSECTION 1605.1; ARTICLE 19, ENTITLED "APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE," BY AMENDING SECTION 1901 AND SUBSECTION - 1903.2; AND FURTHER BY AMENDING ARTICLE 22, ENTITLED "AMENDMENTS," BY AMENDING SUBSECTION 2215.1; ALL OF SAID CHANGES TO CLARIFY APPLICATIONS FOR. SPECIAL EXCEPTION AND VARIANCES AND TO UNIFORMLY REFERENCE PROCEDURES FOR CHANGES TO ORIGINAL APPLICATIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Commissioner Alonso and .was passed on its first reading by title by the following vote: AYES:. Commissioner Miller J. Dawkins Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. , ABSENT: Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. The City Attorney read the ordinance into the public record and .announced that copies were available to the members of the City Commission and to the publ~.c. _k ~.. ' . ~. - ... ~ . I -. ~. _ ~ .. ~~~ +4~~~ih 2~, ~T91 _ Xavier L. Suarez 1riAYbR ATTESTS batty Hirai CITY CLERK Walter J. Foaman ASSISTANT CITY CLERK ~~ G ~i *1 INCORI' 1A O~ ~Y ' ~~ I-ft:iTEi) A~ I