Loading...
HomeMy WebLinkAboutCC 1991-05-23 Minutes•re. y5 1 — M � � mot'►!. OF I'4EETIN6 HELD ON MAY 23, 1991 PLANNING & ZONING s FRrPAR D aY THE OFFICE OF THE CITY CLERK r CITY HALL i NATTY #II I e City clarx /. i a tea? 4L 7. (A) NOMINATE RECIPIENTS ONE-YEAR HALF TUITION SCHOLARSHIPS (FALL AND SPRING SEMESTERS) FOR FIRST YEAR OF UNIVERSITY OF MIAMI SCHOLARSHIP PROGRAM (PLANET OCEAN) (Nominated werei Jorge H. Claro, Morita Gartia, Elaine Gomez, Ross K. PhillipPo and Johanna Ravelo.) (8) EXPRESS COMMISSION'S DISCONTENT • WITH ITS LIMITED ROLE IN SELECTION OF RECIPIENTS OF SCHOLARSHIPS = URGE DRAFTING . OF NEW GUIDELINES IN CONNECTION WITH ELIGIBILITY CRITERIA FOR AWARD OF SCHOLARSHIPS TO AVOID FUTURE DISAGREEMENTS. 8. PERSONAL APPEARANCE: ANGEL MALDONADO DISCUSSION 30-32 { OF THE WEEKLY EL EXPRESO, REQUESTING 5/23/91 _ EXPLANATION FROM ADMINISTRATION AS TO WHY THEY WERE EXCLUDED FROM CITY ADVERTISING CONCERNING VEINTE DE MAYO CELEBRATION. 9. WAIVE ALL FEES INCURRED CONCERNING R 91-387 32-33 CODESIGNATION OF HOWARD F. ANDERSON 5/23/91 WAY - ALLOCATE $300. [R.K.W.: street codesignation] 10. EXPRESS COMMISSION'S -SUPPORT FOR M 91-388 33-48 PROGRAMMING - HERETOFORE RENDERED BY 5/23191 CHANNEL 40 - EXPRESS HOPE THAT DIFFICULTIES BETWEEN TELECOMMUNICATIONS, INC. (TCI)- AND CHANNEL 40 BE RESOLVED - INVITE TCI TO APPEAR BEFORE CITY COMMISSION _ CLARIFY THAT COMMISSION IS NOT TAKING AN OFFICIAL' POSITION WHICH MAY BE PERCEIVED AS INTERFERING WITH ONGOING LITIGATION. [R.K.W.: cable television] 11. (Continued Discussion) ACCEPT $5,000 R 91-389 49 s DONATION FROM THE AMERICAN EXPRESS 5/23/91:; PHILANTHROPIC PROGRAM, TO INCREASE CITY OF MIAMI FUNDS DESIGNATED TO ASSIST COSTA RICA FOLLOWING - RECENT EARTHQUAKE .- DISBURSE -TO: COMISION ESPECIAL DE VIVIENDAS/COSTA RICA (See labels 2 & 30). 12. FIRST -READING ORDINANCE: AMEND CODE ORDINANCE 50-77 CHARTER 39 (SIDEWALK' AND -STREET FIRST READING VENDING) - CLARIFY INTENT AND ESTABLISH 5/23J91 -' A NEW. MIAMI ARENA. SPECIAL VENDING DISTRICT - ADD NEW SECTION 39.17.4: LIMITATIONS WITHIN THE MIAMI ARENA x r SPECIAL': VENDING 'DISTRICT - PROVIDE FOR HOURS OF OPERATION, MERCHANDISE TO BE SOLD, ESTABLISHMENT. OF VENDING ZONES, etc, ADD NEW 'SECTION 39=18.2 GENERALLY PROHIBITING OPEN FLAME.USE-CITYWIDE BY VENDORS, SUBJECT TO REVIEW IN 90 DAYS. 13. APPROVE MODIFICATION OF WATERFRONT R 91-390 77-78 CHARTER AMENDMENT, AS IN SECTION 3(mn) 5/23/91 OF CITY CHARTER, TO PERMIT CONSTRUCTIONi OF TWO-STORY RESTAURANT ADDITION TO EXISTING -BUILDING AT 109 S.W. SOUTH RIVER DRIVE. r > Y -. ' Y,x • . F 14. (A) AUTHORIZE SPONSORSHIP OF. AN ENDOWED R 91-391 79-80 TEACHING CHAIR FOR MIAMI DADE COMMUNITY DISCUSSION COLLEGE SOCIAL SCIENCE PROGRAM - 5/23/91 ALLOCATE $46*000 (Law Enforcement Trust Fund). (8) PERSONAL APPEARANCE: MANUEL GONZALEZ GOENAGA CONCERNING ROBBERY OF $1509000 WITHIN POLICE DEPARTMENT. 15. ACCEPT BIO: COBAD CONSTRUCTION R 91-392 81 CORPORATION(M244,364 TOTAL BID 5/23/91 PLUS ADDITIVE ITEM A), FOR ORANGE BOWL MODERNIZATION PROJECT PHASE 11 (1991) _ (THIRD BIDDING) B-32314 (Project - 404238) - EXECUTE CONTRACT. i 16. GRANT REQUEST BY U.S. COAST GUARD R 91-393 821M83 t AUXILIARY - WAIVE DOCKAGE FEES AND 5/23/91 INSURANCE REQUIREMENTS AT MIAMARINA - CONCERNING NATIONAL SAFE BOATING WEEK. 17. PERSONAL APPEARANCE: STEPHEN ALICINO DISCUSSION 83-91 CONCERNING PLANS TO CONSTRUCT A RETAIL 5/23/91 ESTABLISHMENT IN SOUTH OVERTOWN / PARK WEST DISTRICT (MIAMI ARENA AREA) - REQUEST COMMISSION TO INTERCEDE WITH DEPARTMENT OF OFF-STREET PARKING FOR ' EXPANSION . OF OPTION HE HOLDS ON NORTHERN HALF PORTION OF MUNICIPAL 6 PARKING LOT 65. 18. SUBSTITUTE FAISON ASSOCIATES AS EQUITY M 91-394 91-109 I PARTNER OF THE DINNER KEY BOATYARD 5/23/91 ( JOINT VENTURE - PROVIDE 90-DAY PERIOD FOR FAISON TO WORK OUT WITH METRO-DADE RESTRICTION RELATING TO DRY .DOCK SLIPS - INSTRUCT MANAGER TO 'FINALIZE CONTRACT (R.K.W.: Merrill Stevens lease). 19. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE I10-114 ATLAS - CHANGE' DESIGNATION AT 1000 N.W. FIRST READING 1 AVENUE FROM R-4 MULTIFAMILY 5/23/91 RESIDENTIAL TO SD-16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT (Applicant: Darrel Zbar). 20. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 114-119 ATLAS - CHANGE DESIGNATION AT 2001-2193 FIRST READING N.W. 36 STREET FROM R-3 MULTIFAMILY 5/23/91 MEDIUM ;DENSITY RESIDENTIAL AND C-1 & RESTRICTED' COMMERCIAL` TO 'C-2 LIBERAL _ COMMERCIAL (Applicant: Planning, Building & Zoning Dept.),: 21. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE r 120-121 ATLAS —CHANGE DESIGNATION AT 3710-3780 FIRST READING N.W. 22 AVENUE FROM C-1 RESTRICTED 5/23/91 COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.) ; 1 ky - ..R, K P _ � m FRr s" 3 �4, � 41 QW a i Y DISCUSS AND `CONTINUE CONSIDERATION OF M 01-39S 121-193 PROPOSED RESOLUTION CONCERNING CLOSURE 6/23/01 OF PORTIONS OF N.W. 37 & 38 STREETS BETWEEN N.W, 17 AND 18AVENUES: PORTION OF N.W. IS AVENUE BETWEEN N.W. 36 AND 39 STREETS; AND N-S ALLEY LYING 1261 EAST OF N.W. 19 AVENUE BETWEEN N.W. 38 AND 39 STREETS - AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1386-A: MIAMI JACKSON HIGH SCHOOL - SUPERINTENDENT OF DADE COUNTY SCHOOL BOARD AND CITY MANAGER' TO NEGOTIATE FAIR COMPENSATION TO THE CITY IN LIEU OF LAND REQUESTED FROM CITY (Continued to June 20th). 23. (A) CONDITIONALLY APPROVE MAJOR USE R 91-396 123-132 t SPECIAL PERMIT, FOR THE FEDERAL LAW M 91-397 ENFORCEMENT BUILDING PROJECT (FEDERAL 5/23/91 JUSTICE BUILDING & GENERAL SERVICES ADMINISTRATION BUILDING) AT 53-73 N.E. 4 STREET AND 400-446 N.E. 1 AVENUE - INCORPORATE CERTAIN BUILDING SPECIFICATIONS AND GRANT VARIANCE FROM ZONING BOARD AND RECOMMENDATIONS OF OTHER BOARDS (Applicant: Department of Development & Housing Conservation). z (B) INSTRUCT ADMINISTRATION TO STUDY REQUIREMENTS FOR NEW SIDE SETBACKS. AND HEIGHT LIMITATIONS UNDER R-1 ZONING t CLASSIFICATION AND REPORT BACK. 24. DISCUSS AND CONTINUE PROPOSED DISCUSSION 133-138 RESOLUTION CONCERNING VACATION AND 5/23/91 CLOSURE OF PORTION OF PRIVATE ROADWAY IN TRACT C OF CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND (133-16) (Tentative Plat No. 1399 CLAUGHTON ISLAND) Applicant: Claughton Island Co. Ltd.). (Continued to June 20th), 25. DISCUSS' AND CONTINUE PROPOSED FIRST DISCUSSION 139-147 READING ORDINANCE CONCERNING AMENDMENT 5/23/91 TO 10544 (MCNP) FUTURE LAND USE. MAP, CHANGING LAND USE DESIGNATION AT AREA 'BOTH FRONTING SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUES (I-95) t (Applicant: Planning, Building &-Zoning Dept.). (Continued to June`20th). 26. _CONTINUE PROPOSED FIRST READING DISCUSSION 147 ORDINANCE- AMENDING 11000 ATLAS AT AREA 5/23/91 -_ FRONTING BOTH SIDES OF M.W. 54 STREET e. BETWEEN 2 &,6 AVENUES (I-95), CHANGING E DESIGNATION FROM C-1 RESTRICTED . r COMMERCIAL TO C-2 LIBERRAL , COMMERCIAL s - (Applicant: Planning, Building & „ Zoning Dept.). �:- 27. RESCHEDULE JUNE REGULAR AND PLANNING R 91-398 148-152 , AND ZONING CITY COMMISSION 14EETINGS10 5/23/91 BOTH TAKE PLACE ON JUNE 20, 1991. x AUTHORIZE ADMINISTRATION TO DISBURSE R 91-399 152455 4,000 FROM THE PROFFERED TRUST FUND TO 5/23/91 THE:PARKS DEVELOPMENT FUND FOR PARK AND PLA'1GROUNO EQUIPMENT, AS DESIGNATED BY i 1ISSIONERS y FS� J f 29i DENY PROPOSED FIRST READING ORDINANCE M 91-400 188-155 AMENDING 10544 (MCNP) FUTURE LAND USE 6/23/91 PLAN MAP AT 24-176 S.W. 50 AVENUE, CHANGING LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL (Applicants: Roberto 8. & Ena J. Vega). 30. (Continued Discussion) AMEND 91-389 - R 91-401 165-166 ACCEPT $S,OOO DONATION FROM THE 6/23/91 AMERICAN EXPRESS PHILANTHROPIC PROGRAM, • FOR PURPOSE OF INCREASING CITY FUNDS FOR RELIEF CAMPAIGN TO ASSIST COSTA RICA FOLLOWING EARTHQUAKE - DISBURSE TO,., COMISION NACIONAL DE EMERGENCIA/COSTA RICA (INSTEAD OF COMISION ESPECIAL DE VIVIENDAS/COSTA RICA) (See labels 2 & 11). 31. DENY PROPOSED FIRST READING ORDINANCE M 91-402 167-168 AMENDING 11000 ATLAS AT 24-176 S.W. 50 5/23/91 — AVENUE BY CHANGING DESIGNATION FROM R-1 — SINGLE FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL (Applicants: Roberto B. & Ena J. Vega). 32. APPROVE MAJOR USE SPECIAL PERMIT FOR R 91-403 168-170 ST. HUGH OAKS PROJECT AT 3577-3601 S.W. 5/23/91 37 AVENUE; 3676-3698`FRANKLIN AVENUE & 3621-3699 MARLER AVENUE (28 SINGLE FAMILY RESIDENTIAL UNITS) AS A PLANNED DEVELOPMENT OVERLAY DISTRICT (Applicant: Department of Development & Housing Conservation). y 33. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE. 171-172 TEXT` - `DELETE SECTION 2105 (STATUS OF FIRST READING DEVELOPMENT PERMITS OR CERTIFICATES OF 5/23/91 USE ISSUED PRIOR TO ADOPTION OR AMENDMENT OF ORDINANCE) - SUBSTITUTE NEW SECTION 2105: STATUS: OF APPLICATIONS FOR DEVELOPMENT PERMITS PROVIDE CRITERIA FOR EVALUATING AND - DETERMINING STATUS OF DEVELOPMENT PERMIT APPLICATIONS AND DEVELOPMENT, f' PERMITS ISSUED PURSUANT T0' PRIOR AND CURRENT_ ZONING` ORDINANCES - EXTEND; TIME LIMITS FOR `OBTAINING BUILDING PERMITS AND CERTIFICATES OF -USE AND OCCUPANCY - ' AMEND `SECTIONS' 22081` AND 2208.2,; TO :.' EXTEND TIME LIMITS FOR BOARD RECOMMENDATIONS TO CITY COMMISSION: - DIRECT ADMINISTRATION T0, LOOK INTO, THE `DISCUSSION 173 J" PROBLEM OF AIR CONDITIONING' EQUIPMENT 5/23/91 AND 'COST OF PERMITS "IN RESIDENTIAL AREAS. r k 35.' CONTINUE ALL AGENDA ITEMS NOT TAKEN UP M-91-404 ON''THIS 'DATE TO COMMISSION 'MEETING OF 5/23/91. JUNE 209 1991. ,4 y F. `w 3 Y 2 s ry4 `"NK prwd '� .., 'a•t.F - * z3 M "� ,. _ .}w� � ${'� � ,v4 iY.G F4n5 Z ,'•`, �T �� 'S'ti+ 'E ":C . :. _ - �{ 'Irk �E`_ A t •.. .y1'iw "AMAi.YiL 36 RE S T SUpOMT FOR BETTER WAY FOUND 1`ION' S LIMO REQUEST TO COVER COSTS AS IAT WITH MByE To NEWI FICE LOCATION - ENCOURAGE AON1mIStltATION TO ASCERTAIN WHETHER CITY CAN ASSIST IN REFURBISHING NEW LOCATIONS �It,K.W. - fi red v" _.. _.. _ -.. . Ii►�lrr►iV�......._4,.�a.._.�a'���fiiwlY„wWy—i`rJi�<Yi�YWw��MiWiw.�.. _ ,.ire+�Yrii�M�i.Y�6+:�YirOw��.iw►il<W+r+iaYiJl`fY Mayor Suarez: We have a substantial number of people here. Somehow I get the ' impression that we have some unscheduled items which we refer to as emergency. in the meantime, I'd ask that Letts see how those cane up as we go through. we try to go through the agenda as quickly as possible. We began at 2:00 o'clock today Instead of at 9:00 because we had a fairly short agenda. Hopefully, it won't turn into a huge agenda. _ Commissioner Alonso: Mr. Mayor, if I may... Mayor Suarez: Commissioner. - Commissioner Alonso: I would like to recognize;Mr. Duke McBride. If we can take a few minutes, he has an emergency item that is of great importance and I think we should hear him at this time. Mayor Suarez: Mr. McBride. x Mr. Duke McBride: Yes, for the record, my name is Duke McBride. I live at 200 S.W. 25th Road, Miami, Florida. And I'm with Beth Lang, the executive -! director of the Better Way Foundation which, as you all know, is serving this z' community since 1983 in its efforts in the area of drug and alcohol _3 rehabilitation. And as a lot of you are aware, they recently had a fire in the structure they now habitate. And the Foundation has gotten site specific, and: has located a perspective new location. Unfortunately, the Foundation doesn't have the financial wherewithal at this moment to facilitate that move. And I would request of this Commission, if at all possible, $25,000. I've _ supplied all of you with the moving costs projections in emergency funding for Better Way to facilitate this move. Of course, with the caveat that should they not be able to move and have to close the program on the 31st of May as t they. project they'll have to, that those funds would be returned: to the City of Miami Vice Mayor Plummer: Where would the move be from and to? Mr. McBride: Tentatively, from their current location in the Edgewater area on 24thStreet, to an area of Miami Avenue and S.E. 6th Street, off of Miami Avenue there. It's... Vice Mayor Plummer: Mr. Mayor, if I may just for the record, I don't know if any of you had the opportunity of watching the School Board yesterday." And for whatever it's worth; I will tell you what discussion took place there - _ not that I'm for or against what they did - but board member, Renick, made a o, = proposition to the superintendent to discuss' with the City of Miami, Mr. Manager, that they have a building referred to as the Donn Building that is not being used. it has not been occupied, and that possibly that could be utilized for a dollar a year on a long term Tease to the Citye flow, i're. ;K merely saying that I didn't want this information'not�to be forthcoming, which ` I'm - sure i n due time gi l l be to the Ci ty, but 'I saw i t yesterday. I. don't " know any of the particulars, but it was proffered to the = board, and cite, ®, superintendent was told to negotiate with the City for the possible use of this building. Immediately came to mind the proposition that you have had, this proposition to address the issue, So I just saying that 'on tine record. I'm not for it or against it, but 1 think you should be aware that that was discussed yesterday. Mr. McBride: And we will pursue that with every bit of diligence we have. Vice Mayor. Plower: I don't think you can. It would be with the City, Now 'W", the City would `maw'work with if, In fact, It became a reality;- isa different story. But it was definitely they wanted to talk with the City. ` ae ,... <. Cois pioanef lllonso. Than s very inprtant. .i4 t { r r {v'y:4.0S '4 Y l i3t w ("5N i'a:c {yyn S1' �C 3 f %i h 4 e ai `:0y '4 � i.^i � F . �.+ i MR. r'F�'Ir Mayor Suarez: Very good. Mr. Manager, in pursuance of this presentation and _ request by Commissioner Alonso, but obviously of interest to all of us, do you h } haVO any idea of wham we Fight be able to find funds for Better Way? Mr. Mende: Twenty-five thousand. Mayor Suare2: twenty-five thousand dollars. Do we have some... commissioner Dawkins,. Not since you weren't listening, $50,0001 since you were not listening. Mayor Suarez: 00 we have anything left over from the CDBG allocation? ; Mr. Odio: I need to look and see if we... Mayor Suarez: Do we have any monies coming back at the Fend of the prior CDBG cycle year, Frank? ! >i Mr.`Odio Frank, do you have any? Commissioner Alonso: It was sixty some... - Mayor Suarez: Any savings, as we call them. I love that term. Mr Frank Castaneda: We have allocated all the monies as of this time. And if there are any savings or something like that, we can discuss it later. Vice Mayor Plummer: Is it possible to attack it from... What is the monies going to be used for? Is that for actual physical moving? Mr. McBride: The actual physical moving, yes. We have..: Vice Mayor Plummer: Well, is it possible we could do some... Mayor Suarez: In -kind. Vice Mayor Plummer: ...in -kind with the huge trash trucks that you could maybe use some of those to.... j Mr. McBride: Well, I... r e, Vice -Mayor Plummer: I'm only asking. Mr. McBride:Well, the expenses that we're going to be incurring, of -course. - you know, complying with municipal Code, contractor's license, contractors would have=to do°the installation of like the kitchen equipment, the hood, the fire prevention items and... Mayor'Suarez: Yes, It's not really moving. They say moving, what they really r mean is refurbishing of the new premises. Vice Mayor Plummer: Yes, that's a different story. �. Mayor Suarez: Yes.T Mr. Odio: I hate to even say that, but the only thing that we have to... Ifi you could step over here and talk to them in private, and let's see if we can wank something ;out, LETF (Law Enforcement Trust.Fund),but 1. donf.t know. Jhe Chief would to decide. .have Commissioner Alonso: Can we ma+e a motion for approval that we work with the administration in order to got the money to help them to... Mr. Odio: Well, I don't have any other monies except if the... h{ Mayor Suarez: Law Enforcement Trust Fund is the only thing you can... Mr. I3dios If it qualifies.x Mayor Suarez. If it qualifies* ppa iIR,Exx! 7 f LS 3'TkgY''c t4S:rf(1 6 l�?IF q _ °�'Z g° g".c-.x tw';r hs a,xw,}'F"r}N"t;''7 , { qw. s f ' L- Co rritlri ii on+f Al onso th, i'tn oertai n it will They have enough room -to work that out, yes. Mayor Suarez: CK, and let's take the motion in that vein. Vice Mayor Plummer! What an optimist. Mayor Suarezc Commissioner Alonso, if you'd like to make it in that vein that 'gust f we do our best to make it fit within the criteria of Law Enforcement Fund as related to law enforcement in that area - which it seems to be. I know you agree. You're requesting the money, you would definitely agree. Commissioner Alonso: Mr. City Attorney, how do we word this that it fits the qualifications of the Law Enforcement Trust as well as our intentions that they get the amount that is needed for this important cost? Mr. Jorge Fernandez: By State Statute, the Chief of Police is the sole t determiner of that which qualifies for this program. Commissioner Dawkins: All we're saying, Mr. City Attorney... all we're saying, Madam... Commissioner Alonso: Mr. City Attorney, we do know that. We have known that before I make the request. I just want wording appropriate. Commissioner Dawkins: ...Madam Clerk, madam, madam... Mayor Suarez: Would Commissioner Alonso yield to Commissioner Dawkins who i seems to want to jump all over that even more vigorously than you. 4 Commissioner Dawkins: All we're saying to you, Mr. City Attorney, is, find a way to do it. If you send it to the Police Chief, he'll bring it back to us. Commissioner Alonso: Amen. Commissioner Dawkins: We understand that. Please. Mr. Fernandez: I will meet with the Chief of Police. Commissioner Dawkins: OK, thank you.. Take it to the 'Police'Chief tell 'him to'sign off on it, give it back to you, and you bring it to us. - Y Mr. Fernandez: It doesn't work like that. Mayor Suarez: Motion of strong recommendation... Commissioner Alonso: Recommendation... _ Mayor ,'Suarez: .Right. Subject to whatever ,the legal requirements are, including approval by the Chief of Police. Commissioner Dawkins: Second. :; Commissioner Alonso: To approve.... yes. Mayor Suarez: Moved and seconded. Any discussion? If not, please -,call the YC roll., Commissioner, Dawkins: We,got'two former City Attorneys. If you don't know. how to-do" it, ask them,, r .. INNER 4 _ h h t� 5 introduced by Commissioner Alonso, who moved MOTION NO. 91-382 A MOTION OF THE CITY COMMISSION STRONGLY EXPRESSING ITS SUPPORT FOR BETTER WAY FOUNDATION'S FUNDING REQUEST ($26,000) IN CONNECTION WITH ITS PROPOSED MOVE TO A NEW OFFICE LOCATION (IN THE VICINITY OF MIAMI AVENUE AND S.E. 6 STREET); FURTHER ENCOURAGING SAID ORGANIZATION TO WORK WITH THE CITY'S ADMINISTRATION IN ORDER TO ASCERTAIN WHETHER THE CITY CAN ASSIST THEM IN REFURBISHING THE NEW OFFICE LOCATION, INCLUDING LOOKING INTO THE POSSIBILITY OF FUNDING SAID REQUEST THROUGH LAW ENFORCEMENT TRUST FUNDS, SUBJECT TO APPROVAL BY THE CHIEF OF POLICE, AND ALSO SUBJECT TO SAID REQUEST MEETING QUALIFICATION GUIDELINES. Upon being seconded by Commissioner Dawkins, 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. Mr. McBride: God bless you, thank you. Mayor Suarez: Chair recognizes... Commissioner Dawkins: I got a pocket item, Mr. Mayor, please. Mayor Suarez: Yes, was just going to say, the chair recognizes the two former City Attorneys who want to be consultants on this issue, pro bono consultants. (APPLAUSE) Would you guys do that same little show in front of the Police Chief now so that we could... Down at the police station. All right, thank you. Good to have you here, and we know it's a magnificent program. Commissioner Dawkins: OK, good luck, good luck, fellas. Good luck. 4. CODESIGNATE N.W. 36 STREET FROM N.W. 15 TO 18 AVENUES AS: GENERALS BOULEVARD. [R.K.W.- Miami Jackson High School] Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Mr. Mayor, will my good representative from Miami Jackson come forward, please. Mr. Mayor, the students at Miami Jackson has been toying with the idea of designating 36th'Street, General Boulevard. We have okayed it`at'the Commission level. And the senior class there would like to see it done prior to their leaving school So I have a'resolution. THEREUPON,`COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. And I ask that we move on this as an emergency so that they can get the signs up prior to the senior class leaving. I so move. Commissioner Alonso: Second. Mayor Suarez: So moved and seconded. Vice Mayor Plummer; Wait a minute. You're not asking a good Miami High Stin+3eree to do anything for those lousy Allapattah Devils, are you? rr C4 t ...Maur Z :1991 2 - PPIA "I '"'�Ki'rt. r 1 i Comissioner Dawkins: Well, you know, we sit up here and me being from that area, I Voted to give the lousy Miami High the use of the Orange Bowl because they were in the City of Miami. So I think you'll return the favor today. Mayor Suarez: All right. Vice Mayor PI WMr: So be it. I Mayor Suarez: Would you, in the hopes that we get the Jackson students more involved in the improvement of that corner, also convey back to them that t _ anything they can do to help us to do what we're supposed to be doing a little quicker in improving that 36th and 17th corner as a school involvement project of some sort, we would appreciate. Because it really is lagging and It's a Y shame, but anyhow, maybe naming the street will build up some pride in the students, and they will work with us to improve that corner, which really, it's been a long time in being refurbished, etcetera. Commissioner Dawkins: Mr. Manager, when can we get the signs put up, sir? Mr. Odio: How about three weeks? Commissioner Dawkins: Beg your pardon? Mr. Odio: About three weeks. We have to have the County... Mayor Suarez: Can you speed it up a little bit, before school ends? Commissioner Dawkins: School will be closed. School will be closed then. Mr. Odio: I'll talk to the County. The County has to make them up. Commissioner Dawkins: See if we can... That's why they came today, because they could wait... Mr.:Odio:. OK. Mayor Suarez: Get somebody calling the County right away if you would, Mr. Manager, please. Maybe during the Commission meeting. Commissioner Dawkins: OK, OK, thank you. Mayor Suarez: Thank you, ma'am. You've been very eloquent today. - Call the roll. The following resolution was introduced by Commissioner.Dawkins,_who moved its adoption: RESOLUTION NO. 91-383 A RESOLUTION CODESIGNATING NORTHWEST 36TH STREET FROM NORTHWEST 15TH AVENUE TO NORTHWEST 18TH AVENUE, MIAMI, FLORIDA, AS "GENERALS BOULEVARD"; ALLOCATING THE AMOUNT OF $800.00 FROM SPECIAL PROGRAMS AND ACCOUNTS . CONTINGENT FUND, .FY;'90-91.TO:PAY FOR THE PURCHASE,AND e INSTALLATION OF SIGNS CODESIGNATING SAID STREET; FURTHER, DIRECTING THE CITY MANAGER TO INSTRUCT THE : R DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS°TO TRANSMIT y g A'COPY OF THIS RESOLUTION TO THE POLICE<DEPARTMENT FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT: DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLIQ i WASTE, DADE COUNTY PUBLIC WORKS DEPARTMENT, AND THE UNITED STATES POSTAL SERVICE, (Here follows body of resolution, omitted here and on file -An the -,Office of the City Clerk. I�< z Upon being seconded by Commissioner Alonso _ the resolution eras passed and -adopted by the following vote; 23 ^ t r � r � AYES: Comissioner Miller J, Dawkins Conrni sonar Miriam Al onto ; Plummer, Jr. ' Vita Mayor J. L r - Mayor Xavier L-, Suarez NOES! None t ASSENT! Commissioner Victor Do Yurre. Gw.11i Y�r.I.iYr.i.r�.rrlrrn..cJ.iYc.rrrr.�r+rd...r---r...r------------- ----- .�.��-�a.f�.----i"`— S (A) EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF EUGENE MARKS. (B) CLARIFY TO STREET CODESIONATION REVIEW COMMITTEE THAT IT SHALL NOT BE BOUND TO RECOMMEND ONLY CODESIGNATION AS AN APPROPRIATE WAY OF MEMORIALIZING THE LATE EUGENE MARKS, OR ANY OTHER PROMINENT INDIVIDUAL - URGE PLACEMENT OF COMMEMORATIVE DARKER NEAR MIAMI ARENA IN HONOR OF THE LATE EUGENE MARKS. ' �..-:. ....--..----,. ---- --.------------------------------- '----------------- --- c. �! Mayor Suarez: Item one. I think a lot of people are here on this item, I suspect. Vice Mayor Plummer: Mr. Mayor... Mayor Suarez: Yes, Commissioner, Vice Mayor. Vice Mayor Plummer: Point of personal privilege, if I may. Dr. Luis Prieto: Could we wait until Commissioner De Yurre arrives or is... it's his item. Mayor Suarez: You think you feel you need'a full Commission on an item, Mr. Manager; any time, please let us know. Yes, Vice Mayor Plummer: Vice Mayor Plummer: That item, Mr. Mayor, is directly related to Mr..De Yurre's item. - Mayor Suarez: Yes, I got you. And, in particular, because of that. Vice Mayor Plummer: Mr. Mayor, I would like to offer in the form of two resolutions, I guess, at the untimely passing of our very dear friend, - Mr. Gene Marks. Many of the people of this community do not realize the impact that he and his family, from 1925 until present, had upon this community. And, I'm not going to sit here and outline them, but I think that he always looked - at one of his major accomplishments was one of the few projects that the City - of Miami - Mr. Manager,` correct me if I'm wrong, and you might not like the statement - came i n on budget and before the time.. Mr. Odio: No, it's true. Vice Mayor Plummer: It's a true statement. And that's the Miami Arena. Mr. Marks was definitely the construction manager and many other things there. And so, Mr. Mayor, if I may, I would like to offer two resolutions. First, as. we always do, the condolences' to'his-family on the untimely passing. Andthe second, that as we have immortalized many people, in this community, that we' n Fxx some way designate something that' would be the remembrance of that family ta, who - for almost al,1 practical purposes, three brothers in' one year, have � passed away so I'd offer two resolutions: The first one I offer is the condolence to the family,. and I so move. Commissioner Dawkins;. Second. Commissioner Al'answ Second, i Y Mayor Suarez; Moved and seconded. You can go ahead and build in the two 'of ,them tcge�her. . ,. h i Commissioner Alonso: Yes, 723!I ri* WpF f � . Vito Mayor Plummer,. The second one, Mr. Mayor, at the request of the family, their original 1`926 office was on ist Avenue and loth Street, very close to where the arena is. And that possibly that block could be designated as Marks Way. So I would offer that in the resolution as presented. Mayor Suarez! So moved and seconded. Any... Vice Mayor Plummer: Of course, fully understanding that the designation of a street has to go before the memorial committee and a public hearing. I fully understand that, and so do they. Mayor Suarez: I suspect that at some point they will come back with a recommendation. And maybe this is the way to convey it to them that we place markers and do as other cities do. That not necessarily naming, codesignating streets, but looking for the most appropriate way to... Vice Mayor Plummer: Exactly. Mayor Suarez: ...memorialize someone's contribution to the City in a way that it doesn't confuse anyone. And, actually, sometimes it can actually be nicer than a street sign that may or may not be so easy to maintain. Commissioner Alonso: I know, and it's done all around the world, and it's very nice for memorials. Vice Mayor Plummer: Yes, of course. Commissioner Alonso: Yes. Vice Mayor Plummer: I so move. Mayor Suarez: . Would you, Mr. City Attorney, would you kind of bring that to I the attention of that committee that they re not bound by - I don t think - that, you know, it has to be street designation. That markers a lot of times make sense, where someone lived or someone worked. They're easier to maintain. They probably have more symbolic value, and sentimental value in manyways, And can say something about the individual too and the contribution to the City. Moved and seconded. Any discussion? If not, please call the roll. The -following resolution and motion were introduced by Commissioner Plummer, who moved their adoption: r RESOLUTION NO. 91-384 , A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF EUGENE MARKS, UPON HIS UNTIMELY DEATH. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION N0. 91-384.1' 13 1 A MOTION STATING THE MIAMI STREET CODESIGNATION REVIEW' COMMITTEE SHALL NOT BE BOUND TO RECOMMEND CODESIGNATION OF A GIVEN STREET AS THE ONLY APPROPRIATE WAY OF REMEMBERING OR MEMORIALIZING THE LATE EUGENE MARKS; FURTHER URGING THE PLACEMENT OF A 'COMMEMORATIVE" MARKER (NEAR THE MIAMI ARENA IN THE VICINITY 'OF N.W. 1ST AVENUE AND LOTH STREET, WHERE HIS FORMER BUSINESS OFFICE WAS LOCATED), AS A FITTING MEMORIAL TO SAID INDIVIDUAL;' ,'Upon being seconded by Commissioner Dawkins, the resolution +snd motion were passed and adopted by the 'following` votes z s 6 i Jj7 _ r i W. NO 23, 0i -4 gin 3 `d`!'.i wpm , ABSENT: Commissioner Victor De Yurre, NOTE FOR THE RECORD: Agenda item one was tabled pending the arrival of Commissioner De Yurre. Vice Mayor Plummer: Item one is to be deferred... Mayor Suarez: So we're going, to. skip over item one and table it for the moment. Those of you who are here on this item, it's been suggested that the item affects the Miami Arena in a special way, and we should wait until Commissioner De Yurre is here. Does anybody have any indication when the Commissioner might be here?; I wouldn't want you to have to wait all day either, obviously. So we'll take up your item in due course. - _ 6 APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST RECEIVED FROM CAMP DRESSER AND MCKEE, INC., CONCERNING REQUEST FOR PROPOSALS (RFP) FOR OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (N:P.D.E.S.) PERMIT, AS REQUIRED BY FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA), [R.K.W.= contamination] Mayor Suarez: Item two. Vice Mayor= Plummer:What is item two?- I mean, but what' were you trying ` to buy -:or -trying to sell? No, 'let's hear from the procurement officer, George. Mr. Knox... , George Knox, Esq.: Yes. Vice Mayor Plummer: ...you know, I think we should from Mr. Williams first -or whoever .is of°:the City. Dr; ° Luis: Prieto: Item .two refers to the NPES, that's ,the National Pollution Elimination System. You approved the hiring of a: consultant to carry out:a federal .government mandate that:the City look at its sewer and storm sewer and. 4 sanitary sewer system in order to... n: _ Mayor Suarez: Please, please be quiet. Go aheao, I'm sorry, Doctor. , _.Im - Dr. Prieto: ...in order to eliminate sources of contamination to the Miami River _and. the bay. You approved the hiring of a:.consultant.- We ;produced ,hn' RFP, :, and in. response . o he RFP. a number of firms submitted proposals. Item ey, two refers. to , the submittal of the:,, proposal, of a :speci fi'c - .firm,;. a finding of the.chief;procurement officer was... - = Mayor ;Suarez:, Wait a minute, doctor.- Mr. D'Mant; sir, we:appreciate;ryouF =ram= - presence and .: your very active, involved coverage of: events here: , . But you#,re going to have to do it. outside; because it won t�work,-Carlos 'in!here- We ve �hW tried -to soundproof .thi -` ace,: but it still..: Dry Prieto; the finding, of. the chief procurement officer 1s thats:one �. irhe-,firms:.that-submitted, did not, fuifili the requ I rements --of the RFP:?{<Md; x tharefore, that they.,. their proposal should be not estimated. Perhaps the chief procurement officer would like to make a statement to that respect kt r �7 m� er,a 4ewyJ Cart' You. have before you a f i rm i*'f th aa� n ��y.. oT ,'}R .�T �rTs'��Pr and t+t se, , io - submitted: their qualifications to the or Department of Pub11c f �,�s t po MM W 4t yt i""��� AR q 1�.� t a ^nz ry �Ci L � y .. @°:. 'Pj' s-s,: i"111`fir c OEM the rpuroose of the aubmis8ion of requirements is to show that they indeed had the necessary credentials to do the work. However, it was determined x initially by the Depar'ttnent of Public Works, based upon the provisions of the RFP, that says that, one, they are to provide credentials that are correct, that are complete, and that are in accordance with the law and the RFP provisions. The RFP also says that they are required to provide us with all information necessary that would allow the City to evaluate. Consequences were also included in the RFP, which says that if you did not provide current and complete information with regard to your credentials, you will be eliminated. The entire team will be eliminated as a team. And that was done at the certification phase. Vice Mayor Plummer: Clarification. Ms. Carter: Yes, sir. - Vice Mayor Plummer: Eliminated or not considered? Ms. Carter: Will be eliminated, quote, unquote. Vice Mayor Plummer: OK, well you see, that's where I got a problem. I don't think they should even be considered - and I'm not speaking to this particular company. If a person does not comply with an RFP, then why put them through the process of eliminating them? I don't think they should even be considered if they don't meet the requirements. Mayor Suarez: I'm not sure of the difference. Aren't they told, at the point of the noncompliance, that they are being not considered? -therefore, eliminated? Commissioner Alonso: They should be. Vice Mayor Plummer: You see, I think this Commission, Mr. Mayor... Mayor Suarez: To me, it's the same. Vice Mayor Plummer: ...gets itself into a lot of problems. Mayor Suarez: Unless what you're saying is that somehow we keep going until a later stage and then tell them. Vice °Mayor Plummer: These people are all... Mayor Suarez: By the way, you were all eliminated way back. Ms. Carter: No, sir, no, sir... Comnissioner'Alonso: Had they eliminated: at that point? Ms. Carter: No, sir. They were..: Commissioner Alonso: So, it's the same thing. Mayor -'Suarez: Same thing. i Ms. Carter: The certification phase is the first phase, and it was at•'that phase that the -Department of Public Works issued a letter to:the firm of.Camp X: and .'Dresser saying that for the following reasons, you,,are. no longerl being y considered or being eliminated from the... «: Vice Mayor Plummer: Well, but you see, there's a difference. And I'm sorry01 to be playing semantics with you, and I'm not playing semantics. If a man says°you got to have $10 and no less, and you come with $9,90, I'm not going to consider you. But if you come with your $9.90, and you get your arguments: - in, then it's a different'story. Either you qualify, or you don't. 2'If;you don't >>qualify in 'my estimation, there's no further consideration, period, 714` amen. That's my opinion. I don't speak for the Commission, but I think we 3 could "sure.., __- Commissioner Alonso Are; they given any further, consideration ai?ter4e at. jJ N to Ray vv. .T -[ � IVA, - Y x t H Mrs Williams: Commissioner, if t mayb I think that we're doing exactly what � r The semantics here, or further �- tha Vice Mayor is making reference to. c�srisideration or eliminated. "Basically what happens is that if you d0 not moot those initial requirements, you're no longer available or you're no longer in the process for further consideration. ' t Mayor Suarez: �K..• Commissioner Dawkins: Mr. Mayor... Mayor Suarez: Yes, Commissioner Dawkins. Cortmi ssi one Dawkins: You know, J. L. and I we've been sitting here going through this. And everytime one of these incidents happen, we go through the same thing. Vice Mayor Plummer: Everytime., Commissioner Dawkins: Now, as J.L. said, either you meet the qualifications stipulated in the RFP, or you don't. if you don't meet the qualifications stipulated in the RFP, then why take everybody through this... vice Mayor Plummer: Hassle. Commissioner Dawkins: I don't know what to call it, and... Vice Mayor Plummer: Hassle. Commissioner Alonso: Yes, it is. Commissioner Dawkins: Hassle, and then come up here and we have to go through this. - a Mr. Williams: Commissioner, if I Commissioner Dawkins: You know, we keep... Mr. Williams, this is about the - tenth or fifteenth time that this Commission has said over and over, that if a person does not follow the . requirements of the RFP, they should be disqualified. Not eliminated,: not no nothing. And we still have people coming because of a - as J.L. says - semantics. They say, well I can get in because you; didn't follow your guidelines which say,I would"be disqualified: You say L was eliminated. Mr. Williams: Commissioner Dawkins, you're absolutely:correct. .We have comeh to you,'and this case is no different than some of those. that. we brought'to you before. We have taken the proper steps here. The Department of Public _ Works is determined that this firm was.not qualified or didn't cross all the t's,�or dot the i's. The Code provides at that -point, Commissioner, that that firm -which feels that they may have been harmed by the City's process, can to the chief, procurement officer and those issues in the`form of come a,, protest'. The Code is ' very specific' as to what: happens with regard;" to that protest procedure. We're now bringing to" you those concerns. We havesaid, that -'we do not particularly agree at the time of the writing of the protest , that the protesting firm has points. But, we must bring it through the City �y Attorneys office, through the City Manager's office, and subsequently, City Commission must make that final approval. And that's what we're bringing to you, ,Unfortunately, you're right,' we have had to bring these to you, but the Code does provide for an avenue of appeal so to speak, for a firm that does not particularly agree with the City's-findingse, a h Commissioner Dawkins: Mr. City Attorney. Mr. , Fernandez: Yes, sir. r Commissioner Dawkins: -What does the Code say, as Mr. Williams said, :it has a N procedure that it has to follow. Mr. Fernandez: Correct. ;4 Commissioner Cawkinso Now. it has followed that; procedure, and po rdiog to this, the City Attorney agrees" with the findings of the: whole..prQ+Cese;��� o.4why �ry Ash t , it": l� ewhere An " the Code that says .once the City Attorney agreos" Ae ; fin _ �: �z�'afir'"P .t .•, .. _ _ ��t��t,T$�';X? �1 v . ' 4r `�a - tt FS YZ�i $ f 1 ' `�. tmt he ju t � ods it to the City C ilssiitn instead o omi a ftd here ilt ii tW ti r°m►y attorney nox, wl i l: he needs the money, to stand up deal? i o Jae for S thing that we know, is not going to... it's a done In, "it'ssts`.. we're ,gust..• r Suarez: it steMs like an exercise in futility. 14r. Fernandez: No, it isn't. Mayor Suarezi Isn't there a simpler way to resolve these technically? Mr, . €ernande : o, it isn°t. You have to 00 with the Code the way the Code is look at ways to modify the presently is written. I f what you want one to do Code to snake... - r Mayor Suarez: Yes, amen. Mr. Fernandez: ...to make the decision of the chief procurement officer in concurrence with the City Attorney and the City Manager final and binding, is that's aaparate issue. But as of today, here... Commissioner Dawkins: NO... Mr. Fernandez: ...the procedural due process established in the Code so far, to allows Mr. Knox's client the opportunity to come to you and try to explain Chief procurement Officer the City Attorney, and the you Why is it that the City Manager perhaps, may be wrong in their appreciation of the facts. Mayor Suarez: Can we legally, constitutionally delegate that power to you and the City Manager in the future if we do it by ordinance Mr. Fernandez: i will be more than happy to research that. Mayor Suarez: Could you please research and let us know. lr.:erandezt I certainly will. Mayor Suarez:' In the meantime, your recommendation on this particular Issue to follow up on Commissioner Dawkins' thought is? +' Mr. Fernandez: My recommendation is that you afford Mr. Knox an opportunity to explain to you... Mayor Suarez.' That's procedurally. Substantively, what is .your t recommendation? t MMy recommendation is that info,a�ation came to our office: fast r.,.Fernandez: And then, Mrs knox, night by way of a fax,from Mr. Knox which seems to cure. it is his burden, to explain to this Commission how it is that it, in fact, Wires what is considered to be a minor irregularity. There is ease law tfiat I can cite to you that would give you a level of comfort in finding, if you make ��: a the,, proper findings yourself, that in fact tfifis group can be tonSi�dered or ,f tarn `be found to be certified. _ a� Mayor Suarez: All right, Commissioner... ; Com<aissioner 'Dawkins:' Mr. City Attorney... Nr. Fernandez: Contrary to the initial,findings*­ Commissioner Dawkins: ...I mean, Mr. Mayor. yor Suarez; Ci issioner Dawkins. a _ issIoner Dawkins: Mr. City Attorney. Mr. Fernamdez: Yes. , irsor ki►. had a .p$�e deDiior to 'os J04.aw E SICo' s .i�nt all if ate. itl#onatitM1 that was li/i/ont '��.' : a NM all �t a st yen, ``fast night li#t1+9 roy'd+ a of r hoos"t or your office by f .., r tax f •4; � � . $ axe `L - _ °�i _- __ t } ,�5'&���.�3i��'i�a��.+E��i"1Md �f...:-eE, •..\.3f. t. ..._ ,..:1ti.,•x _ _ _ 'm*z�` �9" t- t c _ r�rr x ^x y, s "� x :� �w H;; 'r• '"+L ''��� a � !�. n e '1ri � � • -Y Y � � it R xi P' P,[ Comissioner; Dawkins: i.sthat changes the whole complexity of this presentation and you do not call the Mayor or the Manager or nobody, and you had all day today and you have not explained it to any of us and now George Knox who's paid by these people, have to explain it to me? Mr. Fernandez: Well, I can explain it to you if you... Commissioner Dawkins: Well, then, explain it to me. I don't need to have to listen to him. You explain it to me and let's get about business. Because after he explains it, you're going to still explain it to me. Mr. Fernandez: Correct. Commissioner Dawkins: All right, so you... Mr. Fernandez: I want- you to make sure you understand that the City's position remains the same as found in your package. All that I'm telling you is that you have, as City Commission, the final word to decide on that. New evidence has been brought to light. I can't tell you why I got it last night. Mr. Knox should be able to explain that to you. I cannot explain it why I just got it last night. Commissioner Dawkins: OK, but the information that Mr. Knox gave you does not alter the recommendation that you have previously made to us to go along with the Procurement Officer's finding. Mr. Fernandez: Yes, it would. Had I had the information in hand... Commissioner Dawkins: Beg your pardon? Beg your pardon? Mr. Fernandez: -Had I... hm? Commissioner Dawkins: It will? Mr. Fernandez: Yesi z r NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 2:34 p.m. Commissioner Dawkins: All right, well I move that this be deferred�untii you can get'to me and explain to me why. f Mr. Fernandez: Had I had the information in hand... Y Commissioner Dawkins: Mr. Mayor, Mr., Mayor, if.,there's something Oat —; important that's going to change his mind, I think that he should get with w> each one of the Commissioners and explain it to us Mr. Fernandez: But, sir. Sir, it is not our burden.., Mayor" Suarez: Mr. City Attorney. I know what you're going to. say, . but..`ii*:, in r k} fact, up until the last moment you are able to receive new ,information,: as { apparently you... Mr. Fernandez: No, sir. , Mayor Suarez: Oh, you're not? Mr. Fernandez: No, well... = s Ry Mayor Suarez: - That you take notice of and i f , in fact,-., that changos aom►e�►�at your ,.recommMendatian and you need to discuss` that with' this ConKnl$sivn. And s to believe, the iP0 in fact, it, as complex as you're leading, u �cmni ss i on+ar. , , 4 ; sti M, OFF! F� P doIIpY -.4b ,. sra tite gay be *ell ttalkeml. I aastft, aI think I was ready to tit Ct'#ssit►t' A�ltiz Yes,y �y,,� �C $ their it"S were attot It t iW� if _ 4 , r the ti t sb feel that we SlMld -. wise to follow the n tiaab Car tris5itmaer h»ifs I So I think it"s vise to beari is Mtiom- SO that dlif�eCtION. I second his „IN �y _. Aa A Itafornation. outI host 02 to the... - �x r S"rez: Yes, to ahead and coplete your UMOt. too so"7* � Intertloted Yon. aissiowr Aloese: Yes. Mr. For Wit: YeS. I n{g9st Mke SW point that it is actually still 90 to the City adooistratioo and the Chief Procurement officer to dettergdoe IN front of you what their position is. Mime is a dual role. I coaaa err with her firnisgs, - amd then I most advise you. So I waear two hats, i + will, as I appear hem Is front of you today• hhat ul bstandiog that. Mr. Knox must be affordedOrnrPag — raal due proms IN appearing in front of You ts&Y to explain his last position amrdl to try to explain info i��s night he could not provide weeks "a findings would have obviated the process. Mayor Suarez: I understand all that. Actually, as far as... _ Cognissioner Daukinos: One ergo question, Mr. Mayor. HaV or Suarez: Wait, wait, wait, Cam ssianer. As far as process, if this - notion passes, I am sacra he would walve his right to rake a preseotatioo hem Siam ie"s iasiaally leaving There with sm victory. It my be that wells have to Mar from the opposing group if they're hem, I think they are. Comissiofier DwAiras:OAK, ogy•-- mo r Suarez: Yes, ionissi®nrer Da kwvas• ConlssioNer hDauti®s: Mr. City Attorney. Mr.' Fer z• Yes, sir• Carnidssioraer DaWns: I too a® ray to vote 'vitth the atio n of staa.I'f.aw, after I hear frm tiler. Kims and I vote %d th the r in 11 111i08 of sta:fff, and Mr. Knox area those ,go to court, am you defend hoe? fat care _ Us yam V to court amd &-fend W-y Mr. F : A hundred percent, Sir. Ca ndssioaoer OvAiws: ' All right, go abead, Mr. Knox. I vast You to Iktow before Y= get, I"® voting with this. _. r Heyor Suarez: SDK, be" s w i the motion to defer. 7iat" s what I � for hiaa to have dome, and to bear the presentations. w Camnnissiooer Wads: loll be voting to follow the tio® of staff, rt now Suarez- Make it quick and Mr. City Attoravy, ehom"t.forget +ass If`'"ice masher gets a little bit more c>mpl ex that you can somehm Petit : to , r a �} little bit simpler. Yes, coveselor. ; 4� Mr. Knox: !'Tbank you very Mr. c11111W Ion an attorney with offsM at 25 I tst F ll+ lerr Street, aw. I Is 1Car *„ a N'!pr!'sl tUe togn of preposers boded by `Cop Omser & ' ems WbD . 1 '" '. ff oaf `Its lifitations to cortion In tbw Selection, I t t "�i�disted ht the- duff.5C t 31fvr"tflly . _ �aY 3t }vi, x . F +{ 14 �.a�, _, ,uv ^:;z-w.aryaG twn,«+l•��''t t '� f�6Y' Mrs mayor, I think Mr. Knox should be afforded the Mayor Suarez: please, yes, please. Commissioner DAWkiht: ...of everybody being quiet so that he will not be distracted as he presents his case, please. Mayor Suarez: Yes, absolutely. Mr. Knox: Your staff has indicated on the record, and I'm certain that they will concur that the irregularity that Camp Dresser & McKee admits to were minor irregularities because the facts that were important to the City of Miami in terms of the qualification, fitness, and authorization to practice the professions required to carry out this contract were, in fact, in place at the time that the application was submitted. The problems are somewhat technical and I won't bore you with that except to advise you that at the time of the submission of the proposal, in every material respect, Camp Dresser & McKee and its subcontractors were qualified and had satisfied all of the requisites. The problem was that the documents that they submitted on their face did not show that. But the fact remains, that upon routine inquiry in this case of the Secretary of State, the truth of the matter would have been revealed. And on that basis, while you can have strict requirements and we adhere to them and as a matter of fact, we commend the scrupulous examination of these proposals by your staff. The fact is, you have the power to determine, as a matter of policy, that any deviation from a very strict standard that is not major, that is going to the question of whether the competing entity is capable of performing its job, is a minor irregularity and you do have the discretion to waive it. And you must consider, please, that we're talking about a question that hasnoteven been raised concerning the qualifications of the prospective bidders and the sanctity and the integrity of the competitive process. If you eliminate !Camp Dresser & McKee and its team on thebasisof a minor irregularity, then what you've done is destroyed the competitive process as it relates to this procurement because there would be only one firm left with which to negotiate this contract, and we're suggesting to you, when you consider the serious consequences on the back end, _ that we would urge you in spite of Commissioner Plummer's initial hesitation and on the facts, and based upon the fact that both the staff and the City Attorney's office have been satisfied of precise compliance with the prerequisite qualifications that you declare that the deviations were minor - irregularities, and all you're doing is allowing the competitive process to go forward with more than one competing entity for their important project of the City that comes about as a mandate from the State of Florida. And there are , very :very few _companies. Our team is qualified to do it, and you owe it to yourselves and the people of the City of Miami and the competitive process to — allow -competition on a matter of this importance. And on that basis, on behalf of my clients, I urge you to determine that the deviations are minor irregularities.. That you waive them, and by doing so, you allow competitive process to proceed. Thank you very much for your time. Mayor Suarez: OK. Vice Mayor Plummer: Mr. Mayor, may I for the record... Mayor Suarez: Vice Mayor. Vice Mayor Plummer: ...make it clear that I was not in my comments, speaking _ to.the issue that is presented by;Mr. Knox,.but to the procedure in general. Mayor Suarez; Exactly. Anything from the group that is left, to negotiate with?. I"'m not sure that they would be the, necessarily the winning bidder, but that's yet to be determined even assuming we reject the protest, .right? } Whether we ultimately negotiate fully to a contract or not? Mr. Fernandez: Correct, that step still needs to be followed through. e Mayor Iuarez: Give us name and title and so on so we know. Jahn Marks, Esq.: Yes, Mr. Mayor and Commissioners, ,My name Is Bohn 1,ftrk$4 Vm vti:th the firm Of Katz Cutter Mager AltermAn Eden Cams and Marks 'io TA11 hmss+ae, " Florida -.-We are part of the team with .:rW n this particular matter, and we are one of the bidders in this process, . V',.•.On]y NAY 2 3. k{s �_}�c^ to IRV comments are very simple, very short, and I won' dwell on them very much, but f We are Iprepared to perform &Ursuant to the next step in this process. We have obviously responded to theFP to the satisfaction of your staff at this point In, tune, and we are prepared to go forward with this matter to meet the upcoming deadlines the City of Miami will have with regards to this matter. We,support the staff's recommendation and, frankly, we're here if you have any 5 additional questions with regards to what we have, we'll be glad to respond to. Mayor Suarez: Do you promise to negotiate with us if we reject the protest? as if there were many competitors and not just you? Mr. Marks: Absolutely, Mr, Mayor. Mayor Suarez: What is exactly the deficiency that was later presumably, if not cured, at least found to have been in compliance? The rest of your; Argument, George, frankly, I mean, I made humor out of it because, I mean, the fact that we end up with one - that happens unfortunately more often than we'd i like to happen - and there's nothing to preclude that negotiating with one. And we could always... Mr. Fernandez: Nothing at all. Mayor Suarezi And we could always find ourselves, even in a vacuum, negotiating with one and concluding that it's not, you know, successful negotiation and throwing out.the whole process. Mr. Fernandez:. Correct. Mayor Suarez: So that doesn't concern me too much. We can sort of negotiate in a theoretical construct. What about the... What was the deficiency? Can anybody tell us what the deficiency was? It had something to do with certification.in;the State? Ms. Carters. Yes, sir. I'll start with probably one of the most important - issues that will be forming. Mayor Suarez: Were there many? - Ms. Carter: Pardon me? Mayor Suarez: Were there many deficiencies? Ms. Carter: Yes, sir. Mayor Suarez: How many? Mse Carter: There were four or three items. Yes. Mayor Suarez: OK, big ticket ones? Ms. Carter: Pardon me? Mayor Suarez: The big ticket ones? What were the... Z' = Ms. Carter: The big ticket is first. Mayor 'Suarez: All right. I'thought I'd get .the,worst over with: Mayor Suarez: You know, if the big ticket is big enough, we may not have to get to the little ticket items. Go ahead.. Ms. Carter: Well, that's why I stopped first. = Mayor -Suarez;- Thank you. Ms. Carter; One of the subconsultaut firms that Submitted, -along with :C np presser. a McKee': Proposal was a company. that filed in the name ° of: PQlyteeh-' Inc. the .documents .that were provided to us, and that was one of the requirements, that all firms provide proof of, incorporation and that such r a propUbe:current. The<�.proof of -incorporation that°.vtas,.,flro .ided to,' i Mayor Suirat: And it was, in fadt, not a Florida corporation? M%S.Carter: Yes, we have no idea whether... Mayor'Suarek: I mean,conceivably you could a Polytech, whatever, of Ohio, which is a Florida corporation. But you're telling us it was not. Ms. Carter: Polytech of Ohio was a State of Florida. We have no idea what Polytech, Inc, represents in terms of the State of Florida. Further, there was no information provided to us that said that these particular corporations were one in the same. And, as a result, not only did we not have that information, there was no information that suggested that even this particular firm could utilize the name Polytech, Inc. It was based upon that information that I found it necessary to determine that this particular proposal did not. meet the submission requirements for the RFP. There was no evidence shown. There was no explanation given with regard to whether or not those particular corporations were the same. Mayor Suarez: Commissioners, questions, inquiries, motions. Commissioner Dawkins: I move that we follow the recommendations of staff. Commissioner Alonso: Second. Mayor Suarez: So moved. Seconded. Vice Mayor Plummer. Vice Mayor Plummer: All right, under discussion. In spite of the motion you've just heard, Mr. City Attorney, I .would like to have your recommendations of what you would have recommended if that motion hadn't been made before. Mr. Knox: And if the apparent irregularity has been cured. Mr. Fernandez: Is this City Attorney he's talking to? Vice Mayor Plummer: Sir, you used to be the City Attorney. Commissioner Dawkins: Are you the City Attorney? Mayor Suarez: The current City Attorney. Commissioner Dawkins: Are you the current 'City -Attorney?- Vice Mayor Plummer: You are a has been. Now, the one I pay dearly. Mr. Fernandez: My recommendation to you would be that you should listen to the presentation, and on the -basis of the presentation, that you are free to make any decision that you choose. Mayor Suarez: Don't give us the recommendation to do what we just did. i Vice Mayor Plummer: Sir, what would have been your recommendation? Mr. Fernandez: Our recommendation in further explaining it, is that we concur with Mr. Knox that, in fact, what has happened constitutes or amounts to a minor irregularity which you, by law and by the RFP may waive if you choose =; } to. -` You are not compelled to waive it if you choose not to because you are Far entitled to find that as a matter of policy, timeliness and completeness' in the response is of utmost importance. x _ Mayor Suarez: Well, how about that... Mr. Fernandez: And if you find that, then you're free to go with the _{ recommendation of staff, i Mayor Suarez: How about that question, Mr. Manager, if I may just interrupt of the inquiry to try to get us something more concrete to grab onto? Hpw important is the timeliness here? .� fir.d1o; It is, Either we have process or we don't. And we stand' by °ttgr a rdco mendation n3 r. -s - fT ' k- x Dh' protass, what about on the substance? Hew iMportant is Nfayor "�ilere�: ` it that this be awarded forthwith and we proceed to negotiate with the one ihat from the -beginning -was complying? k Mew. Odio,.'You have to take the first Step first by agreeing to our.,. Mayor`Suarez: Oh, I know thatA We always got to take the first step first. k Mri`Odio: And then we are not in a... Mayor Suarez: What is the urgency of the matter? -if anybody call tell us? Mr. Odio: No urgency. Mayor "Suarez: - There's no urgency. 4- Mr. Knox: And please, let me just indicate for the record, that the unreadiness articulated by the Chief Procurement Officer has been cured. We have provided, and we can provide to the Clerk... Mayor Suarez: Yes, we understood that. Mr. Knox: ...a certificate from the Secretary of State which clarifies the question that was raised. Mayor Suarez: That doescomeup a lot though, George, that we have someone that; -by the time the matter reaches us, has cured the defects. The question - i`s-'do we°overlook the fact -'and apparently, we have some discretion'to that within -our policy making decision... Mr. Fernandez: Correct. - Mayor Suarez: Or do we proceed with negotiations with the one group that did comply from the beginning? That's... Commissioner Dawkins: You know, the only thing that I have`to`offer is at... — - Mayor Suarez: Commissioner Dawkins. Commissioner -Dawkins: I appreciate the efforts of attorney Knox in curing the ill, but I have sat here and watched black :mail contractors come here who { have made the , same mistake, who `did not have money to hire a Lawyer, and `get washed` out. OK? - Y Mr. Knox:Well, this is 'one of them, Commissioner Dawkins. Commissioner. -Dawkins:- All right. No, wait now. No, George'. 'OK? 3 Mr. Polytech is one of them. r .Knox: Carmissioner Dawkins: Either this Commission must be fair and firm, OK? Now, g T have, and... 'not `only me, 'every` Commissioner here has sat here and . seen' black and Latin small contractors whodid not meet all of the specifications,. in the RFP and'get`washed'down'the drain.$F Mr. Knox: I know, but this is a black corporation itself, and it did meet th 4 ' specifications. g a - - r •... - FY�IfS commissioner Dawkins: I wouldn't care if it was purple. I'm saying that... y but they °have a lawyer who's 'arguing 'for them. • I know, and... Mr. Knox. . Commissioner Dawkins: These guys did not. And, therefore, they didn't evdn a _ get this one. y, = Mr. Knox: And the lawyer is telling you that they fact is that they did nov.dQ, = a anything wrong. It was simply.., k W 4 missioner Dawkins; The other ones didn't do. Anything wrong, but Ieoit Out part . Qf . the a bm o n . w. ''�, • T``?:.w+wP�l iG, ..Rar,�dx.'ec ✓++.1.::t:h .. .v ..r i: .., a-, .. . ,,. .. ., .�. _ _ ... - __ __ •_ _' p E [ r Mr. Knox: They 't even leave anything out, Commissioner. They simply had ' an indication that invited inquiry. And that's the difference between not satisfying a specification. Mayor Suarez: That's why you're a great lawyer, 1 love that 0e6 Mr. Knox! But they didn't have to... Mayor Suarez: That invited inquiry. A lot of things that go on here at City Hall invite 44uiry, let me tell you. Mr. Knox: They didn't have to cure or correct anything. The only thing they had to do was to verify a fact... Commissioner Dawkins: One, two, three, four, five lawyers, OK, no problem. Mr. Knox: ...by the Secretary of State's office. Mayor Suarez: You have away of phrasing things. That's going to go down in history, invites inquiry. Commissioner Dawkins: I'll call the question. Commissioner Alonso: I always like him on my side. Mayor Suarez: OK, George, I think we've heard enough argument. We have a motion and a second. Any further discussion? If not, please call the roll. Whatever the result is, pay him well, because he really has done a lot with`a tough situation here. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-385 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM CAMP DRESSER &" MCKEE, INC., IN 'CONNECTION WITH:1HE` REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (N.P.D.E.S.) PERMIT AS REQUIRED BY THE FEDERAL 5`k ENVIRONMENTAL PROTECTION AGENCY. F s�: (Here follows body of resolution, omitted here:and on z, 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 Victor De,Yurre' Commissioner Miller J. DawkinsF Commissioner Miriam Alonso'' Vice 'Mayor 'J. L. Plummer, Jr. Mayor Xavier L. Suarez n NOES: None. sx ABSENT: None, Mr. Knox: Thank -you very much, Mr. Mayor and members, of the Commission. j l �E.�ZCA ` t k F ad 7 b to � o Ni .. i e 9 rya i S ` Y {{Y'iY'IiilsiciYilif{WIYi/YiYiiilYil itiiYeiYiYi�1 Y116 iY ai Yiil�iG iiliGi Oiw®IYfiiiiiiGi iW ii NiictiYs ii�fit icy ii ii{itib Wli4iii Giciaiilr.'OL iCYYiaiYYii SilYbfii ii i4701i'�i�L"4Yii 0) (A) N(IMINATE RE1'%t0IENTt OF ONE,,YEAR HALF -TUITION 41%H111 ARSHIP5 (FALL AND SPRING SEMESTERS) FOR FIRST YEAR OF UNIVERSITY OF MIAMI SCHOLARSHIP PROGRAM (PLANET OCEAN) (Nominated were: Jorge H. Claro, Monica Garcia, Elaine Gomez, Ross K. Phillippo and Johanna Ravelo.) (B) EXPRESS COMMISSION'S DISCONTENT WITH ITS LIMITED ROLE IN SELECTION OF RECIPIENTS OF SCHOLARSHIPS - URGE DRAFTING OF NEW GUIDELINES IN CONNECTION WITH ELIGIBILITY CRITERIA FOR AWARD OF SCHOLARSHIPS TO AVOID FUTURE DISAGREEMENTS. r.rrrr. '. .rr.Sri..r�.... a. •. .i+r+.----r.a..r wr.---------irwrr----- . ---------------------- -----r Mayor Suarez: Item three. The old University of Miami... Mr, Jorge Fernandez: Commissioner De Yurre is here now, if you want item number one, which you bypassed. Mayor Suarez: Yes, and Mr. City Attorney, I've been asking about my ability to vote on number three now. Mr. Fernandez: You would have no problem, sir. Mayor Suarez: OK. Vice Mayor Plummer: Which one are we handling? Mayor Suarez: Item... let's do them in order. Well, you're up, Russ, come up, item three. As of today, you are still definitely affiliated with University of Miami. Mr. Cyrus M. Jollivette: With the University of Miami, I am. Vice Mayor Plummer: Mr. Mayor, before... Commissioner Dawkins: Where will you be tomorrow? Mr. Jollivette: On July 1st, I'll be a member of the firm of Jordan Shulte and-Burchet in the Washington, D.C. office. Commissioner Dawkins: Congratulations. Vice Mayor. Plummer: My condolences. Mr. Mayor, before he speaks, as you might recall, I was the one designated to negotiate this matter with the university, and with the School Board, in which it came about that we had 120 half scholarships to be awarded. This Commission, in its attempt to keep it out of :patronage or politics, set a policy that the School Board had a committee which was fair and unbiased to make the selections or recommend to us those.that they felt were most qualified with the proviso they had to live in the City of Miami. If anything, the problem before us today is the lack of communication. There was never, ever any indication that the university_did' i not have the right to proffer names to this Commission for consideration. Nor Y was it the university's understanding that there should be deadlines set and advertising made that, in fact, would give this Commission the right ao a proffer names to that screening committee. I had a long talk with Dr, Foote, who. was very, very: much honest and above board, as he always is. And'we�both had,to.admit that there was definitely a failure of communications. With the proviso that in the coming years, that matter would be fully resolved b virtue of number one, that this Commission would be notified of the date of which they could start to enter names into that process. And, of .course, importantly, a deadline that no names could be entered in after that process. And that the university would have the right to proffer names as anybody would 3 have the right to proffer names. The problem toJay is this, The only names, �;° because we were not notified, are the names that were proffered by the university to that School Board committee which did, in fact, meet and have 1: recommended the names which are before you toda;/. The university went"ahead and proceeded to, in fact, make those the names- recommended to this - sorry - the School Board to recommend those names here as before us today;` i Sk said to ar# Foote that I felt this Commission would understand and mlybe thrash me for not making the dates known, beca.u5c I had forgot about it: end that, x felt that the Commission had really no obligation excuse me O May, ` J;; R.A?lY4z..i t 4 iz � R" rat -as istratlo" stasrti difference dril'' sift' sb throe s � iaa bias I as the +4 dates, it viol rot be a met , a►�d fullyy er�stoaid tlt process0 re"I r of 'use lar ips w t tbrOMP tJ* decision that has that Possibly this t4mossion mould look faftrablyY men to brims V0 to fatly Wit. So. thatus all $ o saying so"di It'w�aas_defilaitely as lack of �itatioaps - and you blame me if you want , that, in fact. thm five owes were proffered. comissioer Dautins: Nr- r. Pryor Suarez: Ytsy C�It�l9liss" loans. c anaissioner ins: Wll tit is g�au�tifnBu fact remains that feel Foote and CGnissimer planter is gre+a►to But tlhua that this is a fence. Ve have given up 9M WOrM of rth of prmscbol the University of Miami wants to give a nmill the first scholarship. which ►t NW, it took them three years to even auras Opinion* According that the sWOyGW Was SOVEw"ere drawing i'0ter�st: in ft to or. Foote, the School Ord paid the University utOf �that would l bring f in, in 1 . MW even if t o Cos .lam tell i interest. But the things that"s puzzling and to me is a farts. is half tuition, year scholarships. 7Wse of as wft t children give �� for f realize that a half a tuition - and ani asii anwey try year half tuition at the Unaimersity of Miami is $7y . �e total tuitions at the University of Agiamri is s,�etkuintrg around s2Sy . If the University of !Mimi gives a scholarship for $7. for one ,dear, sand it gets a s recrdentuited into the University of (Miami. according to thi°L, this student r that Nor does ► gib and �gtiv $7. does not get $7.OW the second sus �t4y for the next three .peers. which is three times seven is �1tn9 [Sic]. you're talking abasaat Close to -shy$ fir times seven - yona admit . . So writh thl5 �� fired tfhusand dollars and tell t. Ilvee s t. given that Stet � c to School . matt ym a we got to f Ad give you a larship. you says. that fine. that's great. snow to mina mere. But yet. evveryi l9 to for the University of Miami to give a persod a I never iotaNed, mey to vo half a scholarship for one year and caatinpnae to give it. Another part ®f s if the student does Got finaish , the year? 'Giving this farce i S. v rat clue. 'will naevve�', ever ®ei t ®ant a million scholarships at 'l.6D®® a Year. �y I voted against it thee, I dollars In scholarships. I'vve Said ibefore, mute against it tea. This is a rip-off of retertnse ®1F laelplhe City of , stsIra giving it to the University ®f MiamiexpunderleiG v, tt 're giving us. I have some the inter -city. questions - I hope have t - a� I "d lice for yet to tell toe the a�resS of the students that ,� and J.L. PluffWr have givvea the scholarships to. VX. jol l i vvette: Mr- ll�.yor. my I ... Vice (Mayor plainer: Sic, I ca n s t give you the addresses because I ... COMMssioner 1DautinS: NO, lNpr.... Mayor Suarez: The Bain... Vice lNbpaar lPlau�er• AM let at just nake Once correcti�, �'- Ps�►or, and I'� sure that W1 colleague realizes. this ua.s not... The ultimate the l " not the University of Miami . 7Myv received the ma ney frOMBut* in fact, it is tabledo l &Ar+d with a ptrojecr called. the Nast , that, in fact, is existing there at that loam Mayor Suam: Russ... Mr. Jollivviette: Yes. ...tbe main concern is piously mot NAYDr ;. ua : dm vv live in the City' of Niamil the exact address of the 4- Mayor`5uara Let me just say one thing very briefly, and I know you're going to get brick to the inquiry by Commissioner Dawkins, and the points he raised. the way I understood this, Mr. Manager, when we did it, it was supposed to be very similar to the process followed for recommendations, appointments, whatever the term is, to the U.S. Naval Service, and to the Air Force, and perhaps also Coast Guard Academies where congressmen essentially do the screening and make the recommendations. The academies do, obviously, decide whether the individual meets the threshold requirements and maybe even more than threshold requirements. But the process works where the Congressman is essentially making the recommendations. That's what I meant to do. That's what I thought we were doing. Vice Mayor Plummer: That is correct, sir. Mayor Suarez: And this process where I've had personally no input, I've done no screening. My office has not been advised of anybody being recommended. We made a recommendation as it turns out, which happens not to have been accepted, is not what I had in mind at all. And I'm not sure that we can do anything about it this year, for obvious reasons. You've made recommendations, you've made public recommendations to certain individuals and it would be very embarrassing to tell them now, you know, I hate to be the one that says you're not going to get the scholarship. But that's not what we had in mind. And I don't know if it was not built into the contract right or what, because I haven't looked at it, but I just want to alert you to that. And maybe some of the other Commissioners feel the same way about what we had meant to have done... Vice Mayor Plummer: Mr. Mayor, I have asked the City Attorney to formalize, in writing, my understanding with Dr. Foote to the future. And it is as I have outlined that the City of Miami... Commissioner Dawkins: One question before you get to that. Vice Mayor Plummer: ...will be notified as to the beginning date of when names can be submitted and the deadline date which has to be. That they -if _ the university wishes to proffer names would proffer them to this Commission. And we could or could not accept them. The basic qualification was, was the need of the student as well as being a City of Miami resident. Commissioner Dawkins: ter. Jollivette. Mayor Suarez: Commissioner Dawkins. Mr. Jollivette: Yes, Commissioner Dawkins. Commissioner Dawkins: What was the cutoff date for the -awarding of scholarships from the University of Miami? Mr. :JolIIvette: The cutoff date for... Are you referring specificallyto these scholarships, Commissioner? Commissioner Dawkins: Yes, both. Mr. Jollivette: All right. Commissioner Dawkins: Countywide and these. Mr. Jollivette: All right. Commissioner Dawkins: I mean, college wise. Mr. Jollivette last October, through the Dade'County Public Schools College Assistance Program, we distributed notices of� the scholarship program and applications. ,Commissioner Dawkins: Mr. Jollivette, Mr. Jollivette. For financial aid and for scholarships, there is a cutoff date. What is the cutoff date at the University of Miami for the awarding of scholarships nationally? Mr. Jollivette: March i. "I 1y I Y Y i 4 ! { H: L 2 j ' r Commissioner Dawkins: March 1, , therefore, Jai.. Plummer, even whatever` Us you doyou do not meet _the deadline for these scholarships because March 1 alas the deadline. r Mr. Jollivette.- That's the application deadline, sir. Commissioner Dawkins: Now we're mixing apples and oranges. Go ahead.F Mr. Jollivette: I'd like to respond. May I, Mr. Mayor? Mayor Suarez: OK, and any of the other questions that have been raised, yes, that you'd like to clarify and then we're going to have to vote on this item and get on. Mr. Jollivette: Al right. The Commissioner indicated that the cost Of attendance at the University of Miami is $28,000 per year. The cost of attendance in 1991-92, the next academic year, is a total of $2108559 of which tuition.. Mayor Suarez: I think he was multiplying tuition by four years, is what he was doing. - Mr. Jollivette: Yes. Tuition is $14,080 next year. The value of... Mayor Suarez: Or half of the tuition by four years. Mr. Jollivette: ...the half tuition scholarship is about $6,950. As a part of our commitment to the City, the university... Mayor Suarez; That's half tuition, you said? Mr. Jollivette: Half tuition. - Mayor Suarez: Yes, he was multiplying that by four years. Mr. Jollivette: Right. We believe that over four years, given what is in the. economy, we estimate an inflation of tuition by'7 percent, so that these will be worth over four years, $30,855. It is our belief too, and our commitment to not ' just =these particular students, but a11'students who seek aid at the University of Miami, and I would add to you for the record to note, that 80 percent of the students enrolling in the university 'receive financial aid.' That we7make available to .them opportunities to seek all types of 'aid, Pell Grants. They will be able to obtain the `Florida tuition 'voucher, whichis provided ' the .State of Florida.' by There are other college -work-study programs. There are other programs such as that, that will provide additional- aid for them to attend the university. That we are, not providing just the recommending the award of this half tuition scholarship 'and just stopping there-: I would 'like to: point out to you as well, that 'the students who applied for the scholarship had to fulfill four requirements. They had to apply` Jor< the scholarship using an application obtained through the Dade County Public Schools. They had to apply for admission to the university. They had to be a resident of the City of Miami, and they had to demonstrate financial need. I want to tel . you that; 37 students applied for 'the scholarship initially. Of the 37 who applied, they represented 13. high school s 'i n the, Ci ty of Miami,' and i n the "rest -qf Dade County. Of` those 37, . only 17 followed through and applied for admission to the University of Miami, Of those 17.who-met those requirements, one in two, only six met all four requirements. That is, they were residents and they showed need. And we have prepared a listing' of those` remaining students, five of them are remaining, because one of the six received a full tuition scholarship which is the Golden s:t ; Drum`Schotarship, and declined further consideration -for this program so that a they could accept the Golden Drum award. We are talking about, when you tack about tuition scholarship, we are not: talking about room and board, 'Cos ts, books, personal expenses, or transportation. The elements that are involved in computing the total cost of attendance. Only the tuition and fees portion, which for next year is $149080, Mayor>Suarez: -Commissioner Alonso. �1 Commissioner Alonso; The numbers of students that``apply for the scholarship, Hre'JolliYette Yes, 4E h y iF"s `i�C Mf.i Commissioner Alonsot I have mentioned to you, it seems to me that is so low. Something must be wrong in this system when only 37 students started the process, seventeen followed through, six qualified, and we ended up with five names. Mr. Jollivette: that's right. Commissioner Alonso: And we are all aware that there is a tremendous need for scholarships, and in this community in particular, so it's amazing to me to see that only seventeen followed through, and we ended up with five names. I g think that we have no other alternative but today to move ahead. I'm not satisfied with the system. I think if we have to look through, make the changes accordingly. I think we should be involved somewhere. I don't think no one was involved in the process. As a matter of fact, the first time,I knew it was through calls of people in the community who asked me, and they were telling me that the university explained to them that this Commission was going to make the selection, and that the student was to apply to the City of Miami Commission. Then I started to inquire from the university and through the `system, and then I got the total picture that it was not, in fact, the responsibility of this Commission to be involved directly in the process. I think many changes have to be made. But I also feel that we cannot let these f students who are waiting for our final decision and perhaps we should move j ahead and accept it as is today, but I'm not satisfied with the process and I agree with Commissioner Dawkins when with all the reasonings that he has given to us today - and I couldn't agree more - changes have to be made. And also agree with Mayor Suarez in the statement that he made, definitely we have to look more closely to the process in order to serve our community the best way i possible. Commissioner Dawkins: Mr. Mayor, two more statements... Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Two more statements, and I'll be finished. Mr. -` Jollivette, the Pell Grant, BEOG Grant and other grants, are they given to the student or to the university? Mr. Jollivette: They are given to the student, sir. Commissioner Dawkins: To the student. So, therefore, when you take $7,000 and bait a student into the University of Miami, and then you don't give it to him.. Then he applies for other grants. He's locked into the University of Miami with that $7,000. Then you use the other money to make -it up. = But the .other thing I'd like to say. I wish you or somebody with you would tell me f the total cost of attending the University of Miami, including books, tuition, _. board, lodging, and other incidental. Give me an estimate of the total amount of `dollars it would be needed to attend the University of Miami. Mr. 'Jollivette: All right. I indicated that 'the total cost of attendance 3 would be $21,855. Commissioner Dawkins: That's books, tuition, and all. Mr. Jollivette: Books, tuition, transportation, and room and board. Commissioner Dawkins: Twenty-one thousands Mr. Jollivette: That's right, for a student living on campus. � Commissioner Dawkins: Thank you. No further questions. r. Mr. Jollivette: If you have particular, more detailedquestions concerning i our financial aid programs....{ Commissioner Dawkins: No, they already say they're passing it, it don±,t make x no difference' with me, I'm not voting for it, But it's passing up here,- o: e don't even need to discuss this any longer. Call the question. Mayor Warez I think we have a couple of more inquiries. ' x s } , 24 lie ri � jevluM L r�L.r.,.r ..o_. •. •e ., _ .-. > ... ,. I. _e_. . , ., _.. _ - _ i .-.. a' .,. �lid���.. a D tip! >• !y ra .j v t Fr tonrsissioner Alonso_. Yes, if I may, I'd like to ask about one specific case r x dfra student that I diStU8Sed in.my office. Mr. Jollivette Yes Commissioner Alonso: I received a call again from the family of this studento and he, informed me that he actually qualified for financial aid. Have you ;- checked into this matter? Mr. Jollivette: Yes, I have. Commissioner Alonso: And, if so, why his name is not included in the listo I { believe Mayor Suarez has also beien involved in this case, and his understanding was that he did not qualify for financial aid, the same way that I was told. Until yesterday, when I received a call and I was told he was low = need. Mayor Suarez: Stellar, yes.*$ Commissioner Alonso: Whatever that means. - Could you explain to us what it means? Mayor Suarez: He's a stellar student with a 4.0. He's told that he simply - wasn't recommended. Now, if he didn't qualify, he didn't qualify. And, by the way, I'm 'reading here from the actual I guess this is the letter confirming the agreement or clarifying it and it says clearly, the recipient shall be nominated by the City Commission on an annual basis from the names contained on a list of eligible students submitted to the designee of the City Commission by the University of Miami. That's the list, the general list. The'37 should have been submitted to a designee of the City. Then we should have nominated from there. Commissioner Alonso: Well, the problem is, many of them - at least I was told # by you.... Mr. Jollivette: That's right. Commissioner Alonso: ...that they were not residents of the:City of Miami.:. Mayor Suarez: Right. Vice Mayor Plummer They don't qualify. Commissioner Alonso: ...of course they have to be. The seventeen, yes. Mr. Jollivette: The 17 were residents. n; Commissioner Alonso: Were residents. Mr. Jollivette: And completed.:, 4F, Commissioner Alonso: And completed.' { 1,N Mayor Suarez: Unless you're telling As ' that the only six of :.the: 37 that { completed their applications, that met: a11. the .eligibility; requirements, are ti these six ::that you're recommending. Which is in... Comnissioner,,Alonso From the seventeen.' 1` Mayor Suarez: OK. °And of the initial-37, the oniyrone:thatrwent.through the = ' t� whole process, filled out all the forms and ultimately were eligible under your four criteria - which, I wasn't familiar witfi but fi guess tfiey.make .sense, AJnIess- you're telling us that that incredible coincident happened and ; that you had six slots available, you know, the whole process is backwards w 4 AndrI` strongly recommend next year follow the letter of what I read here which x is all of this weeding out is supposed to be done by us, And really about the £' only thing. you do is � ultimately determine ��eligibiIity, and accept�,,t But we ti►aka the recommendations, and we weren't involved' ._n that process, lri 0111vetteright. 4y9ri1iuW4r-:" Mp, question about " YA �; 777; 1 Mayor Suarez: Are these, the only six that,.. Mr. Joilivettt�: -We can refine the process. Mayor Suarez: Does this young man that the Commissioner is making reference to-`without.necessarily mentioning his name, I think you know which one we're talking about - does he, in fact, meet the need test or not? Mrs Jollivette: He meets a need test, but for a lower level of need than for this scholarship.* Mayor Suarez: A lower level of need than for this scholarship. Does he fall through thecracksthen? Mr. Jollivette: No, he has not fallen through the cracks. Mayor Suarez: No? Mr. Jollivette: He has received a firm offer of financial aid to attend the F University of Miami. I have spoken personally with his'parents today. And.06 Commissioner Alonso: I advised them to do that. Mr'Jollivette: And, in fact, one of my colleagues is setting an appointment to`go-through their particular application to explain exactly how it was that they came up where they came up. So this student had a need and he received... Commissioner Alonso: May I ask one question? When you qualify for financial s aid, you sort of qualify for financial aid, or you qualify but not quite I' qualify. How do you explain to me that? Mr. Jollivette: It is awarded... financial aid is awarded on a sliding scale basis from zero or one dollar up to whatever a ceiling might be. Aid is also packaged. In other words,- this type of scholarship, University of Miami ' monies, Pell- Grants, college work -studies. It is put together in a package. So, yes, you will... student "A" may qualify let's say for $100. Student may qualify for $125. Student "D" may qualify for $200. In the case of the case which you were referring, that student did qualify for aid, aid that will probably,total'about $34500 to $4,500 and he has that offer. R, ' Mayor Suarez: So between half and 60 percent. Mr.Jollivette: It was basically quarter, he received a quarter aid. Mayor Suarez: Russ, I stronglysuggest that for future reference,. assuming this passes today, that you leave the global amount undetermined until you get the recommendations from the City Commission. And ,that:- you apportion i fractional., .scholarships: to , try ` to meet our recommendations as opposed to saying, this person does not meet the eligibility requirements for the full. scholarship. :Therefore, he -gets nothing. Go seek another !program Which_ j, means. that the.: individual went through:. -all of this. � We'f made=S hey recommendation. We looked like we have almost no input, and then he's toId,,:< x� you're only entitled=to a fractional scholarship@ Therefore, you go taysome other.program; and is deprived of this, the symbolism of this particular. scholarship. I mean, I really strongly suggest that because otherwise y� a you're not really fol lowing the letter of this ' law,= as I see t. .-You've... �. Mr. Jollivette: We can refine the process and my colleagues=will... - Mayor Suarez: I'd strongly suggest that if you want a favorable vote next ' Yearbefore this whole thing comes to a screeching halt. x �; Commissioner Alonso.• Yes. E , r � Nr. fernalndez: Mr. Mayor, if you would instruct your City Attorney and your j City Manager to ensure that all of these things are, in fact... r ror Suarez: ftsolutelyt: Mrs Fornondez's ...reduced in writing ond., - 7 5 v M Rh VTIE�E si�� �- 1 � tt nni signer Alonso: Oho yes. Vice Mayor PIumnar: Without question, and dates established and deadlines established. Mr. Fernandez: Mr. Jollivette, we'll be meeting. Mayor Suarez: And maybe, to pursue Commissioner Dawkins' concept, it may be nice that if you have somebody who has ultimate, absolute, total need, there may be a comple-e full package for that individual, and that may be an option too. Y mean, here you have somebody that... Mr. Jollivette: Let me, Mr. Mayor, let me, that,was one of the questions that Mr. Dawkins put forward to us, and we provided the answer. And I think it's very important to note that the university awards 13 full tuitions scholarships per year. Those thirteen are awarded to the 13 top academic students who apply to the university from anywhere in the country. _ Mayor Suarez: Russ, the overall general functioning of the university, vis a vis, other scholarships, is not of our particular concern. The fairness and the logic of this particular program is our concern. I have no doubt that you follow an overall some kind of a common sensical policy, but we are charged with this one only, and the people are looking to us to give you guidance in this one only. Please look.at this one and see if there's no way that can't adjust so we don't have a shouting match - I don't want to use the other word - next year over these recommendations. And, of course, we really should be the. first to see the names. We should be the first to implement some sort of a screening program on recommendations. That's the way we understand it. Vice Mayor -Plummer: No, we should proffer the names. We should proffer the names. Commissioner Alonso: Yes, proffer them, yes. Mayor Suarez: Yes, proffer and screen the names and then make recommendations to you. That's the way I read this. Vice Mayor Plummer: Yes, sir. Commissioner Alonso: Yes. Definitely. Mayor Suarez: All right. Anything further, Commissioners? z Commissioner De Yurre: Yes, Mr. Mayor. 4 ! Mayor Suarez: Commissioner Be Yurre. Commissioner De Yurre: I need to get into this issue about a one year only scholarship. How does that work? Mr. Jollivette: All scholarships at the University of Miami are awarded -on a; one year basis and renewed on the basis of academic progress and achievement. { Commissioner. De Yurre: Which is? What is the minimum requirement to renew scholarship? t .that ' .. r � Mayor Suarez: What expectation do these particular students have... Mr. Jollivette: I'll ask my colleague, the associate dean of enrollments, to respond. Paul. Mayor Suarez: ,..to have a renewal of their scholarships if they perform? y' Mr. Paul Qrehovec: Because there is nothing specifically slated for renewability, we assume the minimum satisfactory progress for all students, which is a 2.0 and 24 credits earned during the course of the year. o Cowissioper ,De Ygrre. It's a 2.0• that's a C average, �*'e' mo, hovec Minimally, yes. 27 2 1991 r 1 T W _ rr y a'rA'4S aYvY _ R Fx_z Commissioner De Yurre: So that automatically renews their scholarship for another year. ter.Arehovec:. No, I assume we would have to come back to this Commission and nominate renewal, because it was not specifically noted in the legislation I tsel f A Commissioner De Yurre: So, as,long as they keep their C average minimum, they're assured of a full ride provided this Commission approves that. Mayor Suarez: No, he's saying that that's still undetermined. That we may have to set those guidelines. It sounds to me like we maybe can... Mr. Orehovec: These are one year awards, and they... for students to get it = renewed, they would have to be brought before here... Commissioner Dawkins: No, no, no, no one year now. It say one semester. r. Orehovec: One ear. M y Commissioner Dawkins: One half. OK, go ahead. Commissioner De Yurre: No, it's... Mr. Orehovec: Half tuition for one year. And most students have as much as fifteen to seventeen thousand total aid of these five. So this is one part of their aid package. - Commissioner De Yurre: OK, now, what's the procedure again for them to get renewed next year? Mr. Orehovec: That has not been established yet. However,,as I interpret all of the legislation, from what I've seen, since these are one year, we would j have to put them onthe list for renewability back, to you for approval. 1 Commissioner De Yurre: So then you're 'going to have next year, provided they - ' meet the requirements, these five... Mr. Orehovec: Plus a rou for starting next 9 P g Year. Commissioner De Yurre: Plus, no, no... No, 'no, a hundred and twenty... A 'for hundred and twenty half scholarships, you can't'do it five at a time for ten years. That's only fifty. Mr. Orehovec: If the students were renewed for the four years, it would take nine years to go through the cycle if you had five for each year. And I'll be happy to leave a little document that shows that. Commissioner De Yurre: Keep adding five every year. Mr. Orehovec: Correct. Commissioner De Yurre: So the point then next year, you'd have ten and the #a next year you'd have fifteen... Mr. Orehovec: Correct. Commissioner De Yurre: ...then you'd have twenty. You'd stay at twenty... r Mr. Orehovec: Correct. fl Commissioner De Yurre: ..,until they start going 15, 10. 5, and zero. �} Mr. Orehovec: Correct. Commissioner De Yurre: OK. x Mr. Fernandez: Right, that's.,. e , t• ■ Mayor Suarez: OK, any further questions? If not, do we have 4 motion and a 4z Y =. i1 soond on this item? 1 Y { _ f' rdisi' Y'1•L. } tee pP y MR lomissloner De Yurre. Moved Mayor Suarez: Moved, s Commissioner Alonso: 5ecdnd. F Mayor Suarez: Second. Any further discussion? If not, please Cali the roll. Vice Mayor Plummer: I would hope that the motion carries with 1t the definitely intent s� set of this Comission that the City Attorney and the City Manager = this will down with the university and get the formal guidelines necessary so not happen again. Mayor Suarez% Absolutely. I don't think the slightest chance if this if Commission is equally composed as this year* that this will pass next year it comes in this kind of a... Commissioner Alonso: We are accepting it because we are aware of the need of the students, but other than that, I don't think that we should have... will even accept it. But... Mayor Suarez: Nor should it have any precedential value in that sense at all. - Cal 1 the roll. The following resolution and motion were introduced by Commissioner De Yurre, who moved their adoption: RESOLUTION NO. 91-386 - A RESOLUTION, WITH ATTACHMENTS, NOMINATING CERTAIN - INDIVIDUALS TO BE RECIPIENTS OF HALF -TUITION ONE YEAR - (FALL" AND SPRING SEMESTER) SCHOLARSHIPS FOR THE FIRST YEAR OF THE UNIVERSITY OF MIAMI SCHOLARSHIP PROGRAM, - COMMENCING IN -THE FALL OF 1991, PURSUANT TO A LETTER OF -COMMITMENT, DATED APRIL 30, 1991, BYTHEUNIVERSITY OF:MIAMI, APPROVED BY RESOLUTION NO.. 89-11520:ADOPTED DECEMBER 14, '1989 AND AS 'PREVIOUSLY PROVIDED IN, — ` RESOLUTION NO. 89-440, ADOPTED MAY I11989:' ` (Here follows body of resolution, omitted here and on file in the Office of the City Clerk') = : IV, J < � fish k.. t } a�` r rE u A k } f i}23 V�i i fY S' i - Y MOTION NO. 91-386.1 A MOTION OF THE CITY OF MIAMI COMMISSION EXPRESSING ITS DISCONTENT WITH THE VERY LIMITED ROLE THE CITY PLAYS IN THE SELECTION OF RECIPIENTS FOR THE ONE-YEAR HALF TUITION SCHOLARSHIPS OF THE UNIVERSITY OF MIAMI; FURTHER SUGGESTING THAT THE CITY ATTORNEY AND THE CITY MANAGER SIT DOWN WITH REPRESENTATIVES OF THE UNIVERSITY OF MIAMI IN ORDER TO DRAFT NEW GUIDELINES IN CONNECTION WITH ELIGIBILITY CRITERIA FOR AWARD OF THE 120 ONE-YEAR HALF TUITION SCHOLARSHIPS OVER A PERIOD OF TEN YEARS WHICH WOULD GIVE THE CITY A GREATER ROLE IN THE SELECTION PROCESS, TO ENSURE THAT THE PRESENT CONTROVERSY RELATING TO THE AWARD OF SAID SCHOLARSHIPS DOES NOT OCCUR AGAIN. Upon being seconded by Commissioner Alonso, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso w Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT:- None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I'm voting no. I do not feel that the University of Miami is paying anything for the land and that the University of Miami has taken the money and invested it, -in my opinion, over three years. : And now what they are awarding is the interest off of the money, and the University of Miami is going to end up with the land for free for a few Lousy scholarships. - That's my opinion. I vote no. 8. PERSONAL APPEARANCE: ANGEL MALDONADO OF THE WEEKLY EL EXPRESO, REQUESTING EXPLANATION FROM ADMINISTRATION AS TO WHY THEY WERE EXCLUDED FROM CITY ADVERTISING CONCERNING VEINTE DE MAYO CELEBRATION. ------ - ---- [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BC. SPANISH STATEMENTS WILL BE DENOTEDBY CAPITAL" h LETTERS. TRANSLATIONS WERE MADE BY DR. LUIS PRIETO.] Mayor Suarez: Item one. Commissioner- De Yurre, we had postponed consideration of this -item pending your arrival because of the effect -on ,'- the,,. Mr; Maldonado, I see you rising, sir, and I know this is probably'I relation to the letter that you handed to me before which roughly, if understand it correctly, says that you would like to be heard today on being excluded from inclusion in 20th of May ads by the City. Typically the way to do this is to send a letter so that you'll be included in the next agenda. If you want to make a quick statement, I would be inclined to take your testimony, but really the more correct way is to have this request be made !or the next Commission meeting so we can put you on the agenda,IU- Mri Angal Maldonado: YO S©LAMENTE-QUERIA, SENW ALCALDE.., _ mayor Suarez, You're going to have to have, somebody translate for the qqn, eman Y } 30 r } MN Maldonado: ...DE QUE ME DIERA UN SEGUNDO NADA MAS PARA DECIRLE QUE ACOGIENDOME AL ARTIIULO, RESOLUCION 89-154.... Mayor Suare2: WAitt wait. if you want to say anything that will have any significance in the record whatsoever, we have to wait to have somebody translate what you're saying. 4 Mr. Maldonado: MI NOMBRE ES ANGEL MALDONADO. VIVO EN EL 910 S.W. 7 AVENIDA. EDITO EL SEMANARIO, "EL EXPRESON POR 18 ANOS. ACOGIENDOME A LA RESOLUCION 89- 1540 QUE DICE QUE LOS SEMANARIOS Y DIARIOS DE LA CIUDAD DE MIAMI QUE CALIFIQUEN PARA OPTAR POR LOS ANUNCIOS DE LA CIUDAD BE MIAMI, PUEDEN HACERLO { SIEMPRE Y CUANDO LLENEN SOLO ESOS REQUISITOS. TRANSLATION: My name is Angel Maldonado. I live in 910 S.W. 7th Avenue. I'm the editor of the weekly, "E1 Expreso" for 18 years. In reference to resolution 89-154... Dri, Prieto: Basically, he wants to base his statement here today on what the resolution states that the... Well, shall I read what the resolution states? The resolution listing the names of the only newspapers which City departments and offices are instructed to use for publishing public notices in local newspapers after February 10, 1989, absent any legal emergency requiring placement of such notices elsewhere, et cetera. Mr. Maldonado: SOLAMENTE.YO QUERIA QUE LA CIUDAD DE MIAMI, 0 SEASE, QUE EL GOBIERNO LOCAL DE LA CIUDAD DE MIAMI, ME DIERA LA OPORTUNIDAD DE QUE ME EXPLICARA POR ESCRITO EL POR QUE SE ME FUE NEGADO EL ANUNCIO DEL 20 DE MAYO, YA QUE YO ESTOY INCLUIDO EN LA AGENDA DESDE HACE MUCHOS ANOS. SOLAMENTE ESO. TRANSLATION: I would like to receive in writing from the City of Miami why his advertising of the 20th of May was not included since he has been in business for many years. Mr. Maldonado: YO QUIERO UNA - POR FAVOR, SI ES POSIBLE, DE QUE SE ME DE UNA DECLARACION POR ESCRITO EL PORQUE FUE EXCLUIDO EL SEMANARIO "EL EXPRESO" DEL ANUNCIO DEL 20 DE MAYO. ES POSIBLE? Mayor Suarez: OK, I think you just repeated the same thing for the record. He. again wants to.know why he was excluded, to use his terminology. Mr. City Manager, either now or at some later time as you might find advisable and 4 logical -to respond to his concern, you ought to inform us of the entities that were given the ad on the 20th of May. Now they were selected and how that fits into our, resolution that he referred to. what's the number of that resolution? d �! Dr.. Prieto: Resolution 89-154. Mayor Suarez: He's requesting it in writing. I don't think he necessarily has a right to get it in writing. It's really pretty much up to you how you want to do it today, or in writing, or some other time. Mr.:14aldonado: OK.; MUCHAS GRACIAS. Mayor- Suarez: Thank you, sir.. I:. I, --------------------- ------ -----------..------- - ----- i h Vice Mayor Plummer; Mr. Mayor, just for the record, as you made a comment prior to the opening of the meeting. I have had a request for a pocket i em ,<<t today. Mayor Suarez: I had the feeling there was another item here with s lot ofz people. Vice Mayor Plummer: Yes. I think it has something to do with Channel 4D. which, of courmo, it does, And I would hope that we would #uawe the opportunity to let there make their presentation. At the time'I would then oriag it up, hopefully, that we hAve.the time, Ma,Yssr 'Dar. ` ire mayesweil do it t1ow.' 31w . +� s r+ a 4C�,x.. i s x _ — . Vito Mayor Plummer! All right. Mr. Mayor... iG�iitliriW�Yii.hiUY•fYY1ibaiiiiialiWiw+llYiiYYii1WLal.lii•iiitiGaiiYi YttWYYiliiiaiiliriiiaiYriali�rihir�iiiia rii-�iGb:ii3a YG iYiiiYifYYY11it11iWlG iit g WAIVE ALL FEES INCURRED CONCERNING CODESIGNATION OF HOWARD F. ANDERSON WAY - ALLOCATE $300. [R.K.W.: street oodesignation] .. .._ r-------YY rir li�w:rMY •YYrif• Yfbii�Yi�il---------i.r W— ------------------------------------ - MayorI called item one and instead ended up getting a whole Suarez: ' different item, And you're still here on another emergency item too? Mr. Bernard Barker: Yes, the one I gave your paper... } Mayor Suarez: We11, just to formalize what we did last week, de facto. Do we want to make it de jury? Mr. Barker: That is right. That is all it is. Mayor Suarez: Commissioners, does anybody have, any problem? Do you want to move it, Commissioner Alonso with the naming of the street? - Vice Mayor Plummer: You move it. Commissioner Alonso: Yes, I so move and... = Vice Mayor Plummer: And I second. Mayor Suarez: Codesignation, Howard Anderson. Moved and seconded. Any discussion? - Mr.:Luis-Prieto: Mr..Mayor, no, that's not the intent, sir. Mayor Suarez: That's not the intent? Dr. Prieto: The codesignation was passed and approved. What it is... ; x Mayor Suarez: OK. Vice Mayor Plummer: It's to return expense. Commissioner Alonso: A resolution waiving all fees which have been incurred, the resolution-91-371. Dr. Pr.-ieto: Exactly. —. Vice Mayor Plummer: That's it. Mayor Suarez: I'm glad you clarified that. Commissioner Alonso: The codesignation; of Howard F. Anderson Way. :Further; allocating an, mount not to exceed $300 for a special programs; and account contingent fund. , v Mayor Suarez: So moved and seconded. - +f Vice Mayor Plummer: Excuse me, I think we have a problem. i saw the chno�C' returned.. It was for $400. • Dr. Prieto. Actually, they paid $700, $300 far fees, $400 for expenses,Ie z >y _. - returned the expenses. The fees we kept. They want to extract. the .last,orop:, of blood, sir. t s. Vice Mayor P1 ummer.: No problem. E Commissioner Alonso: Thatis right. Mr.:Jarker:; the Mayor said you were 4-penny pincher, nQt en,tn�i n g v r� .No, Ys�s��dn t girren me anything• What wss the fount than fa��Y �t T the t �4 n }was sF' Cv try} Y5�4.�'r4y.., k'F"5 la. # �g -g- 2 Ax t i z 4 40ot Suarez: Don get into Soyirwgs of that sort here at City NA11. V1ce Mayor'Plummer: Quit While you're ahead Mayor.Suaret: I've warned you, Bernardo. Call the roll. The fol l owi nG resolution was introduced by Commissioner Al onso, who moved its adoption: RESOLUTION NO. 91-38' A RESOLUTION WAIVING ALL FEES PURSUANT TO RESOLUTION NO. 91-3710 ADOPTED MAY 9, 1991, CONCERNING THE CO - DESIGNATION OF. "HOWARD F. ANDERSON WAY"; FURTHER ALLOCATINGAN AMOUNT NOT TO EXCEED $300.00 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND, FY ., 1990-91, TO PAY FOR THE EXPENSES INCURRED BY THE ORGANIYATION REQUESTING SUCH CO -DESIGNATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. 10. EXPRESS COMMISSION'S SUPPORT FOR PROGRAMMING HERETOFORE RENDERED BY CHANNEL 40 EXPRESS HOPE THAT DIFFICULTIES BETWEEN TELECOMMUNICATIONS, INC. (TCI) AND CHANNEL 40 BE RESOLVED INVITE TCI TO APPEAR•BEFORE:CITY COMMISSION -.CLARIFY THAT'COMMISSION IS NOT TAKING AN OFFICIAL`POSITiON WHICH MAY BE PERCEIVED AS INTERFERING WITH ONGOING LITIGATION. [R.K.W.: cable television]< rcy rrrrrrr—r—r-------------------------------r--------r—r--------------r—r--�--- •-'` r.._ .. s - - Mayor Suarez: Item... Vice'Mayor Plummer:` Mr. Mayor. Mayor Suarez I'm sorry, you had an emergency matter? Vice Mayor Plummer Yes. Mr.. Mayor, I was approached by the people of »fib Channel 40 that appear._on TCI, I was,very much .aware of.a lawsuit that was entered , into and a decision`that was `giVen. , Because _;we,".are the issuer off' C franchise, they asked, _ would i .make it possible for them. t'o� came before ihi S Commission"" to present their case to this Commission. Anybody in"'tills community has that right to come before this Commission to present their case. rk' l r I.fully informed them that this Commission could be without authority to give °r � . them any relief. Ithen asked them to present Ito ine a package of their case which..I presented on Tuesday. morning to,the City Attorneys office. but �vhat, I am asking of this Commission is that they have their right to present their _ O$C before this Commission, and this Commission would so listen to them since ' we are the ones who do, :in fact,' issue the franchise, we may or; may not nave , f some: authority. in ,this issue. I fully understand that there has: been.a court � case. I`am not trying to reverse a court case. But I do think that they nave x 'N their right to.4pp44r before -this Commission for that issue, and I would Ssk, s a` pocket i i;em, " Mr. Mayor, they be allowed to make their presentation to F thi.� Cs�mission,, ; fir. ol'g .Fernand i rj a�Ypr,, before yop . begin . tp take . any est n person, lei, fmc.. oategorai l,r end hatical iy si�ate, fur bhp i' y ppy re today as a tiler er of the public has ' an absol Q 0 ' right 4nder.lf hb r r _ r & t OF ", tr,•i r s _ rs Vvs >s+`rF":sn 5"� '.c:fii�..: ?4tk.5:. ... .. '., .,,. . ,,. .: > ,^'i94. •. a: bi:%d%l`1' n r, y Dade. ount�► Charter and also under our Charter, to Make any presentation as item 1n their lives as citizenst , citizens resting heir'Concerhs over to the issue of any the contractual relationship between I However, when it comes the City of Miami and TCY, my advice to you is that what's presently happening or jurisdiction of this between Channel 40 and MTCt is not within the purview Commission to take any kind of official action. Mayor Suarez, All right, somebody want to make a statement with that caveat j in mind to the. Commission? We... Commissioner Dawkins: I'd like to ask one question before we get to that, Mr. Mayor-. Mayon Suarez: Commissioner Dawkins. And, by the way, the statement would be is City Attorney telling us we're very brief, counselor, because not only our be delving into this, the matter is not on the agenda, and in not supposed to into an extended fairness to the other items that we have, we really can't discussion on something that s not even before us. Commissioner Commissioner Dawkins: Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner Dawkins: Is Mr. Jones here? Mr. Fernandez: Mr. Jones? Commissioner Dawkins: Yes, Quinn Jones. Mr. Fernandez: No, but he could make himself available, sir, momentarily. - Commissioner Dawkins: No, no, but you see, I called you and asked you to have him here, sir. And you assured me you would have him here. Mr. Fernandez: I can have him here momentarily, but I can assure you that I can speak on his behalf... Commissioner Dawkins: No, you cannot speak on his behalf because you were not Mr. Manager, through you, may I here when this happened. OK, let me have.... speak with Miss Sue Smoller, please? Mr. Odio: Yes, sir. Commissioner Dawkins: You know, "you threw me a curve," man. You didn't tell me this. Mayor Suarez: Do you want to wait till he gets here? � Commissioner Dawkins: No, no. j �I Mayor Suarez: We could table it. Commissioner Dawkins: No, no, don't table it. Miss Smoller, I need... We are clarification for my understanding. Is this one not in this, but I need some of the channels that were supposed to have been made available for public; h access or public input? Ms. Sue Smoller: No, sir, it is not. Commissioner Dawkins: OK, what is it then? , Ms. Smoller: It is a leased access channel, sir. Commissioner Dawkins: leased access Ms. $moiler: Leased access channel, r` Commiesioner Dawkins: What does that mean, ma'am? . oller: It means a channel that is available for lease by a party in the and this ca0] it : F ci�ni:ractua] arrangement between the Company leasing channel TV company. L r .: i Commissioner Dawkins,. All right, what was the cable TV was supposed to provide rin she Brea of minority channels, or what have you? Ms. Smolder., 'that's a different subject, sir, and that... Commissioner Dewkinsi Yes, ma'am*,, sees I have nothing to do with this. I'm getting... - �` Ms. Smolder: Yes, I know, Commissioner. Commissioner Dawkins: You see, everytime I go to court with then, my attorneys lose because I don't put my stuff in the records, OK? i Ms, Smoller: Commissioner, originally, in the original franchise agreement, the franchisee was.., the licensee was supposed to provide a Hispanic local origination channel... Commissioner Dawkins: Yes, ma'am. Ms.-Smoller: ...and a black local origination channel. That requirement was = deleted from the ordinance by action of the Commission some years ago, sir. Commissioner Dawkins: Uh huh. When did... This Commission voted to delete that? Ms. Smoller: That's correct, sir. fi Commissioner Dawkins: OK. So, therefore, they had no right to provide any r minority availability? - Ms. Smoller: As far as a channel, sir. Commissioner- Dawkins: OK, OK: Ms. Smolder: Now, the leased channels, they are required to make available six channels for lease. Commissioner Dawkins: Six leased channels? Ms i�-Smold er: That's -correct. Commissioner Dawkins: All right, how many of the leased channels, how. many , _ are `l eased- to blacks? . j Ms: Smolder: None that I know of, sir. Commissioner Dawkins: So, therefore, then they're not leasing any of the... theyhave-six available. s Ms. Smolder: They are require& to- have six available. ` Commissioner Dawkins: And none of -the -six are leased to blacks.1 Ms. .SmoIIer: I'm not positive of that, sir. Bud I --don't believe so." y � Commissioner Dawkins: "All right, well Would You', will you check...`r Ms. Smoller: Yes. Commissioner Dawkins; Willyou check see because I need this in th me..reoor¢� See, because somewhere down the road something is going " to Happen 400, y City Attorneys" seem to think that, you know,' that they' got to `protect � nib at V. costs.' 'And I ' appreciate that", OK? But somewhere along `the l i nes, I have to ` go off the other side and just leave it to him to protect me, which hers doing} well,OK?''-But they do,notl.. Of the six channels, now of the six how.many are:c°» Latin? P N Ms. Smolder; °I believe currently there are five.., d r C l lleMoner Dawkins five I.atln. °fir �;}: r 35 AR P '3Pi',��111 :, pit 5}•,«` I.R. pm_,4< Msr o11er: ,,.leafed ohannets and there are two that are Latin. Commissioner Dawkins. OK, two are'Latin. How many are Haitian? Ms, Smolder: Hit TV and Continental TV, - Commissioner Dawkins: How many are Haitian? Ms. Smoller! None that I know of, sir. Commissioner Dawkins: So, therefore, this cabl6 TV company is not providing assets to minor... I mean, assets to minorities to participate in providing r programming for the people. Ms. Smoller: A leased channel operates differently, sir. A company could !- come to Miami TCI and request to enter into a contractual agreement with TCI to lease the channel Commissioner Dawkins: OK, but as of now... Ms. 5moller: OK, in essence, Miami TCI does not solicit them. Commissioner Dawkins: As of that, no blacks have been to them and they have not 'been out to seek any. Ms. smaller: That may have happened. I personally am not aware$ sir. Commissioner Dawkins: OK, thank you, no further... Thank you, Mr. Mayor. i Commissioner Alonso: L have a question. Sue, under this unfortunate contract that we have, do they have the right to stop any channel? People, let's say I,.°as a subscriber, request service from this company, TCI. And they let me know this is the package that I'm going to receive. Then in the middle of my contract with them, as they have done, stop, Channel 40. I, as a client, feel affected. I, as a Commissioner of the City of Miami, am concerned...:. Ms. Smoller: Certainly. Commissioner. Alonso: ...that the citizens of Miami were paying for service that included Channel 40,-in,this case, or it could be any. other channel -.,And r4� then in the middle of the way, they stop. and don't: provide the .service,.. any longer. What:is our position as ,City government on this point?. the City of Miami Commission f Ms. Smolder: Under federal.law, the Commission, 4` is power.less.° Because of the Cable Communications, Act of 1984,. local governments, the franchisor, is prohibited from requiring carriage of specific programming services.,,So.it would be considered;a First Amendment concern. Commissioner Alonso: So they can provide... 4, i Mayor Suarez: I'm -sorry, a what concern? Y' 4 r Ms. ,SmoIIer: First Amendment. In essence...la It's just a statutory problem And Mayor Suarez: I don't think so. counselor, you ought to advise :the clients that .recent testimony given by myself, and I know the support of this Commission to try to re regulate' the , x industry... Ms.:Sue Smoller.:.Exactly. Mayor Suarez: ... and allow us to impose all of those norms. And -if they would write letters, I will give them the names of the Congressmen question, so we,have the power to be able to effect these decisionsos ors Ms,.;,Smoller; Exactl , sir. Commissioner; Alonso:. Because it's very sad to seethat we sit up here..-. Comission has given them the power to have thi business,Theihn tha, then hBnd,,'vra ..feel :that that' don't provide thn sorvice, tos the ,C4i&ieg„i;..Mail ' L thatWe should ` like in the case When;'I said we. should46041 and this, entire Commission, we voted to penalize them two thou ean r i 36 c ` �s ,r^ - '`"� Y 'ri' s �Js` Y`�, 'lM`�'Gt !; fi {R��� . `� ,� .y +-0" j� r' n. - t Y p -f� ' ' t+'a yc?:X i g,�' +y % n � i3,,M hundred dollars OMOO) a day, and then we lost in court, becaus e we had nb power And then again, we saw one snore'-time, a judge making the decisidn do this - behalf of this COMMission. What powers do we have to enforce over - company as to respect the citizens of Miami, and the service that they provide? Ms. Smoller: Commissioner, many times I have had concerns raised by citizens that in areas where we have no longer legal powers, and I have recommended I've told then about the Commission's concerns 'the it = they contact Congress. Mayor's concerns that were presented in Washington, and I urged them to contact the representatives in Congress and do something about it, so that the ° needs of the community can be met. Commissioner Alonso: This is really a contradiction. We awarded them the 1 contract, and then they became king, and we lost all kinds of control. - Ms6 Smoller: It's true. '- Commissioner Dawkins: Mr. City Attorney. Mro Fernandez: Yes, sir. Commissioner Dawkins: If I am off the legal path, put me back on it. Where contract that is Mr. Rodriguez? Mr. Rodriguez, TCI does not have an exclusive If can together a team who is eliminates all other competition. you put desirous of opening up a cable TV in the City of Miami, I will support you wholeheartedly, go to Washington, and any place else we have to have, to get k another TV cable company to compete with them. Mayor Suarez: Please, please. (APPLAUSE) Mr. Jorge A. Rodriguez: Thank you very much, Mr. Dawkins, but I feel at this moment that we have to do something. Not because the Channel 40 is off the air, -it's because the community don't have the service of the Channel 40. These people over here, every day they receive service from the Channel 40. The last year, from my own pocket, I spend over more than half a million - dollars to support the Channel 40 because that was serving the community. And I think: it's time to do something, and really 'serious, and I `bring' my attorneys over here, because I think legally, they don't have any right with r me. The contract, I sent the letter, I did everything that had to be done; that way, I have five years more, and I would- be taking care of that in the legal scene. But over here, I think it's immoral that we're doing something, because. this community is have to have [sic] no ' Channel ' 40. It has: to `have k more channels for the Spanish, the Negro community, and the Haitian community; k°4 and that's the way I feel,. (APPLAUSE) Mayor Suarez: Please, please. Commissioner Alonso: May I ask a question Mr. Mayor, before the attorney or the.Channel 40 can speak? Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Didn't we instruct the administration to look at!`the - possibility.sometime last year, to look at competition? What was done in''that field? Because I recall; that we ,instructed the administration to *1ook�,lnt6l this possibility and to move forward with it. What happened? Why nothing wasp done? Ms.-Smoller: Commissioner, it is in process. It's a thorny legal issue,` � i because there are some; concerns that -the State.,* because of State legislation,: and the fact that there needs to be, a level playing field,k:1 other words, is required of the present franchisees must be -required of y} .what any; future franchisee. q Csanmi,ssianer Alonso: They have it good, so we can sure find someone who w#) come ,0n the same ;level P 31 )- 3 t 4�y 3?`fty 1 Nik Q Ms SmolI m. Certtainly. it's A process of conttructing a raquest for proposals that protects the rights of the citizens, because that's what we are All most concerned with. Commissioner Alonso: Sure. Ms. Smoller: And it is in process. Vice Mayor Plummer: Well, there is something else to be considered there also. You know it nice to say it's a nonexclusive franchise, but let one tell you what is exclusive, and that is that the first one that got their foot in the door spent somewhere in the neighborhood of eighty to a hundred million dollars to establish, and someone else would have to in fact, 'do the same amount to be a competition. So it's not an exclusive. Others have... an angel walked in the door with a hundred millioni'dollars could, in fact, be in competition. But the problem that we are looking at is, is reality, and reality is competition better have at least sixty, seventy, eighty million dollars to start,to open the door. So that's where the real bug is to have a competing channel. Commissioner Dawkins: I think that 1 could very easily find a Japanese or a Chinese investor with sixty, eighty, or a hundred million dollars, very easily. Mayor Suarez: Counselor. Commissioner Alonso: Mr. City Attorney, the end of the contract is? Mr. Fernandez: I believe that the review process begins in 1993? In eighteen months in 1993. Mayor Suarez: Give us the end of the contract please. Thank you. Mr.. Fernandez: And the end of the contract is in November of 196. Commissioner Alonso: In 196 is the end of their contact? Mr. Fernandez:' Correct. Commissioner Alonso: And what do you say? - it will begin in eighteen months? Mr.Fernandez: The review process for renewing, or for again putting out an RFP on which you know, the contract may be re -awarded. Commissioner Alonso: You mean, we've been reviewing this very carefully, I think. Now, when we get to the end of the eighteen months, what do we do? We a> make a decision that we want a new company, and at that point, is it legal for .us to put an RFP? Mr. .Fernandez: At anytime you may put out an RFP, and which is what the administration is.doing The administration is presently working because it's a.:. yt f —� Commissioner Alonso: Yes, for dual... I mean, competition. l; Mr. Fernandez: Right. '? Commissioner Alonso: But no, I am tacking about the end 'of -their contract. Because if we have very little opportunity to rule under the conditions ou"the present contract, -we certainly think that we have 'to ` look ` at the future :and produce chan9es. Because then again, we will find ourselves in thy' lamer i situation we are today, and we were a year ago. And I have seen Commissioner Dawkins with tremendous`frustration through the years saying that he wants to take them to court, he wanted to do this, and then I came and I felt exaetly the same; way. And then I say, well, I have to get into their' pockets, and i try, and`I say, twenty-five hundred dollars ($2,500) a day until the problems, are resolved, It's a good penalty, and then the court said, we didn't have -any,; right to do that. And then again, and again, and again, we tried to make them see ,that we want them to respect the citizens of Miami, nothing else, just respect "for the 'clients, and then again, we are back to $tep ane NQthin$ Y happens. So at the end, can we, if they don't mike the changes and corrections, and improve like 100 percent during these eighteen Months = at ��I44, �' ,,T the and of that period is where we begin the process? Or we have to wait until the end of '96? Mr* Fernandez: Noj you're not precluded at any point in time if you find them in material breach, or in violation of any of the conditions existing in our agreement with them, of enforcing those. And the process in which we... Commissioner Alonso: Mr. City Attorney, we all know that, but 1 don't even dare to try that way. Because I tried, believe me, I tried with the twenty- five hundred a day, and I cannot in all conscience, put the citizens of Miami the burden of losing in court and having to pay that expenses. So it will be a responsibility. At least this Commissioner will not even try at this point. But I think that we must get ready to gain some power and show this company that we are serious in our intentions. Does this period of eighteen months will give us any special power as to show to them that we really want them to change, or we will have to look into another company? Mr. Fernandez: Within that... after that period of time begins, they have to come to us to express their desire to renew the contract, and then it's negotiations all over again. And at that point in time, then we bargain with them new terms and conditions according to federal laws which have changed considerably since the first time that we entered into the original contract. Commissioner Alonso: So within eighteen months from today approximately... Mr. Fernandez: Approximately. ' Commissioner Alonso: ... we will be ready to start negotiations with them? Ms._Smoller: Yes. Commissioner Alonso, the eighteen month period is a critical one. It's critical because when we start... the franchise expires in - November 1996. According to federal law, renewal proceedings start thirty-six months prior to the time of expiration. That's only eighteen months away. And this eighteen months is critical. Because as the City Attorney -just pointed out, the new federal laws that we must operate under are less favorable to the City. So as Mayor Suarez testified before Congress, the question of renewal and the City's powers to require the services that the community wishes, are essential. And hopefully, we can get legislation passed in Congress that will help the City Commission when it makes its decision.- So this eighteen months is very important. Mayor Suarez: OK, Counselor... Vice Mayor Plummer: But Sue, let me give you the "ace in the hole." Mayor Suarez: Yes, Vice Mayor Plummer, quickly so we can move on to some other.items. Vice Mayor Plummer: "The ace in the hole" is the new negotiated terms. Commissioner Alonso: Yes. Mayor Suarez: Unfortunately, it's a presumption in favor of the; existing franchise. That's why we want a change in the law ,folks, and that's what we. need to. a} Commissioner Dawkins: For him, that's the key in the hole. My, key in. -,the hole is for you to providemewith a list of the things on which -I can terminate them on, so that I can start writing them telling them, you have not: done this, you have not done this. I want to build my. case .so that when Jt,,get to court, they will know that I have truly worked with them. And'I need for you and the Manager to provide me with that list. And ,I want you ,,to understand, it's a list to terminate it, not a list to renegotiate. OK? Vice "Mayor Plummer: Mr.`Mayor, I think it's only right that we hear a brief presentation from their representative... t Mayor Suarez: Yes. Vice Mayor Plummer: in behalf of their client, They fully.,, t May, 21 '1091. f �, i SA T T �abT523r9':yi¢ �5 t3 y�� ' t .F t r: 40 t Mayoruare: And everybody, please take a site I'am sorry to interrupt you "". Mr, Vice Mayor, We needs to Clear the aisles. iWe are violating our own fire Code and blocking the view of people in the back, not to mention our own cable viewing of this - our videotAping* Vice Mayor, i interrupted you, I'm sorry.' Vice Mayor Plummer: Just, I would have Jose Garcia Pedrosa Make his presentation knowing the limitations of what this Commission can do. Commissioner De Yurre: Was there a prerequisite to have former City Attorneys here, or what Mayor Suarez: At least one former City Attorney a day. Vice Mayor Plummer: Shows you how bad business is. Jose Garcia Pedrosa, Esq.: Lucia is coming over. zt Mayor Suarez: Lucia is coming over. Mr. Pedrosa: Thank you, Commissioner Plummer,, for helping us present this matter. Mr. Mayor, members of the Cormiission.. Mr. Mayor, I'll very much heed your warning and be very brief. I am Jose Garcia Pedrosa. I am an attorney representing United Broadcasting Corporation, which is the lessee of Channel 40. My office is at 201 South Biscayne Boulevard in the City of Miami. Commissioner Alonso, you were so right. The only thing that we can do and we`ask 'that you do, is to try to see if we can get a little respect, and a little support for the needs of the community out of a licensee of the City of Miami which has in this instance, shown a pattern of conduct which is really not in keeping with fair play and its own contractual obligations. In a nutshell, since April 30th, Channel 40 has been off the air, although assurances were given that that would not be the case. We filed a lawsuit in State, court and obtained an injunction. And so you know why the channel is - off the air at this moment. As soon as the injunction expired and the circuit court judge reclused himself, the attorneys for TCI filed a motion to remand the case' away from the Florida court and into the, federal court. - We immediately filed a motion in the federal court for an injunction. The case fell before the Honorable Ken Ryskamp. You may.find that; all of the district court judges in the Southern District -of Florida"are this afternoon in North Carolina, including Judge Ryskamp. But we have been in contact with the judge s as has 'counsel for'TCI this afternoon, and we expect a°,ruling, hopefully, shortly. Our presence here today is simply to ask this Commission, frankly to use'`its moral suasion to ask this licensee' of yours, while:" the judicial process goes on, to restore this channel to the air -'so that the needs of all a of these people, and many others who are not here will be attended to. We are not asking you to interfere with their contract. We" are not asking you, -to mandate' anything. We are asking you as the Commission of the'City of Miami to -say to your licensee, look, we obviously have a problem, you obviously have a problem, and while the courts deal with that problem, we 'urge you to restore the 'status''quo, to put Channel 40 back in the air, and let the chips fall' where they -may in the court. I think I would be remiss if I did"not address. your power to do so. AndI want to be- very clear- that in",my opinion, and. I have had the opportunity to study Judge King's recent order, there 1s " absolutely no prohibition to your 'expressing your opinion. -Indeed, i think �£` you have a first amendment right to do so. What happened in the" Cuban Museum case,is that the court rightly or wrongly, the court interpreted your actions to try as the court said, to deny another p&rty's freedom of expression,, ere. Here you are askin our licensee" That s-a world away from where we are h y asking.your to afford Channel 40 its right to serve this community and Ito have its` owny freedom' of expression' preserved. So we would ask for that statement of<<your s support which carries with -it the Commission's moral suasion:" And the second: x thing we would ask, Commissioner Alonso, in keeping with what `you ;said, earlier, and Commissioner Dawkins, in connection with 'the matters that yoLu, - have requested the, administration to provide you when the time comes to:l`ock ; at'the 'licence renewal, we would ask that you instruct the administration,. investigate what it is that happened here. Because in a nutshell, they. have- { tried to make it appear that this man did not pay his bills, which is en outright,"lie: They told him that there was a technical reason why Channel 40 5t went off the air, which is not in keeping with the truth. And when the`dust. settled;, we are down to the allegation that he did not"Provide fl with t msiy llotics of renewal of his five year lease; and that's"not"true. Thin man=w 4t te8t"ify that he gave Mr,. Robinson oral notice and had a hand deliYBred letter, 901ng written notice timely under the lease of the option to renew. And'Oat ' Fd4117 yyid 5" h • •iq F k �% 40 y MAY !y % �3 Mz -•�� a h they: are now saying so you understand where this dispute really is, is that the notice they say, went to the wrong address. They don't deny it went to h i dd s Mayor Suarez: Thank you for your statement. Commissioner Dawkins. Mr. Fernandez: Mr. Mayor. Commissioner Dawkins: I wanted to be sure I hear you clearly. They did not deny receiving the notice to renew, they just said it was delivered to the Wrong address. Is that a correct statement? Mr. Pedrosa: Yes and no. At one time they denied receiving it, now they admit that they received it. And yes, they are now saying it was delivered to the wrong address. Commissioner Dawkins: But it was one of... it's their company? Mr. Pedrosa: Oh, absolutely. Commissioner Dawkins: Thank you sir. Vice Mayor Plummer: Mr. City Attorney. Mr. Fernandez: Yes. Vice Mayor Plummer: If the majority of this Commission felt a moral obligation as requested to ask, not demand, not to hold a hammer over their head, but ask TCI's consideration of restoring this channel to the air until such time as a final determination by the: court, would we in any.. and assuming, that any payment is .resolved, any mot;ies due and owed would-be resolved; do we do any damage to what your feeling is legally to the administration? And the reason I am asking that question, as I watched Channel 40 today, it is not being utilized for any other programing. So I am asking you, if we make an expression before this Commission, merely asking,_ are we, in any way, putting ourselves in a negative position? Mr..Fernandez: Yes, sir - bottom line. Now let me address that a little bit more fully. The eloquence of my predecessor should not shift your focus of attention from the issues as I have briefly put in front of you. It is a "red herring," or it is really convoluting and confusing the issue to talk about morality, and to put this whole scenario that: we have here in contractual terms - excuse me - in front of you. I submit to you that as individual members of this community and as Commissioners, you ;must 'do as your convictions- as human beings dictate that you must do. However, as�my Commission, as one body speaking with one voice, I caution ,you not to be ^. enticed,or bite:the bait thrown by my predecessor, perhaps more eloquently than I can ever learn to express myself... Commissioner Dawkins: How true. That's true. Mr. Fernandez: although I am his student still today, that this is the 21 wrong context for you to find yourself in. I still fail to see'the'purpose�of his analogizing -this -case to another case, but you should take you'can take stock of the public 'discontent. You can look at the public and you can register this, and as you proceed in your relationship with TCI you may t register that as an item in your negotiations, or in your ability to`relate;U +' them, Mayon Suarez; All right. Mr. Fernandez: I ask you to please refrain from issuing any formal expression of ;this body in relation to -the pending controversy between our Iicensee'MTCi' and'one`.of,its independent contractors. - s 4 41 May ?, 1f° za Ctissioner Alonsoob Walt what about... Commissioner Dawkins! Can it as a Commissioner, go home tomorrow, and at the college as an employee of Miami Dada Community College, can I write TCI and express my concern as an individual? Mr. Fernandez: Yes, sir. Commissioner De Yurre: Now are you saying that we can't, as a Commission, as a body, say that you know, that we think that it serves a public purpose, or we think that it's desirable to have not just Channel 40, but all the channels taken up and providing a service? What is legally negative if you want to call it that - about making such a statement? You know, that we would like to see channel 40... i think it provides a service. Mr. Fernandez: You know, there is more than one theory, or one cause of action that may be applicable potentially, and I don't necessarily want to get in the technicalities of causes of actions that may be brewing by any further consideration of this item other than simply, on'the basis of the Metropolitan Dade,County Charter, or Bill of Rights for individuals to express themselves, but one of them is interference with a contractual relationship. When two parties have a contractual relationship like Channel 40 does with TCI, for any other individual or any other party, in this case a very powerful party, because is the licensor, the one that holds the license over the licensee, to get involved in a significant fashion by making policy statements relative to their contractual relationship... for example, that's one item. Commissioner Be Yurre: Hold it. I am not talking about contractual relationships, and I am not getting into who is right and who is wrong. Because they may be wrong, or TCI may be wrong, or they may both be right, you know, that's not my concern. My concern is, as a policy as a statement, that we can pass you know, a resolution that would basically say that you know, we would like to see Channel 40 on the air. We would like to see them resolve their problems, because Channel 40 does provide a service that is not being received nowadays by our community. And we see, not only the people here that Want Channel 40 on that live in the City of Miami, but a lot of people have - called my office as I am sure they have called the other Commissioners and the Mayor's` office, expressing concern that the channel is not on the air. And a lot of the people that we know in the community that have programs there, that know what's happening, it provides a service to the community. And I'really fail to'see you know, why there is that problem with that... Mr. Fernandez: Sure. ffi Commissioner Be Yurre: ... and because I fail 'to see it even though it may not be advising me to do it - you know, I will just kind of make a motion, you know and if we get a second, we get it to the extent, that you know, I... Mr. Fernandez: It was a... Commissioner Aionso: Due to the feeling in the community that it's obvious to us as a'Commission, discontent in the public because they don't have the 3 channel that they expected to have at the time, that they got into an agreement with TCI. Commissioner Be Yurre: No, how about the other people that don't...? ° Commissioner Alonso: It was promised to them that they were going to be., fin; seeing Channel 40. Therefore, the general public is expressing to us their 4 discontent with the actions of TCI in not providing to them, the channel that was promised to them at the time that they got into an agreement - 'them.,; meaning the public and the company. I'? Commissioner De Yurre: Miriam, there you're getting more into a legal thing, T; Commissioner Aionso: Why? Are we here to protect? - and on that, I take offense, i f I the iCi ty Attorney tel 1 s me that I cannot do to We are - here;. to protect the public and not interfere with the contract. But I am saying am trying to protect the citizens of Miami in their discontent with a gompany. 1t that we have gr-Inted a franchise, and they have promised to the `GitizenS'of Miami to provide a service, that at this particular time, they are not. xry ' receiving. Therefore, our motions only direct tc the promise that TCI made -to �* 42 s �` t � f ih -S {Yif i h.;' llsRxrsF i t .t. r the Citizens of Miami in relation to theseprograms that they were going ;to see. Mrs Fernandez: it is preclselyi66 Mr. Garcia Pedrosa who when he was City Attorney, we tried to get an item passed through the Charter making the, opinions of the City Attorney legally binding on the administration under the City Commission... Mri Pedrosa! Commissioner Plumer vetoed that. - { Mayor Suarez: I don't think we ever want to go that far. Anyhow... Mr. Fernandez: And it was defeated. No. And so in answer to your question 1, Mr. De Yurre, I Can only give you my very best opinion and advice here'* recommended A Entreat you not to take the course of action that perhaps you've because in my opinion it will be ill-advised, and I' you may be inclined to take, not, the proper course of action. I think that sufficient public notice has already been given. I think that the citizens themselves have expressed to themselves, and have retained perhaps one of the best attorneys in Miami represent them .in their cause of action, and that it will be illy -advised for this...Commission to express itself, as,a body, on this item, given that we have a very special relationship with the licensee. Now, that's just my advice. Mayor Suarez: Commissioners, if I may just for a.. Commissioner Alonso: Let me say something, I have to add something. Mayor Suarez: All right. Finish up and let's wrap this up because we've got other items, please. ' Commissioner Alonso: Wrong, Mr. City Attorney... Mr. Fernandez: Yes. t Commissioner.Alonso: ... in the fact that you are referring to Channel 400:I am - .- alking to .them as, a business entity. I am not referring` to them. :not They will have to go to court to either win or lose their case, and .I am not ! to get::involved. ,I don't care ,about that part. , That's up ,to .them and between. TCI. I,,as.a Commissioner, am addressing only the citizens of Miami and the r service. Who 1s going to speak on their behalf? Mr.. Garcia Pedrosa for the represents .this and this company. He is not an attorney _:gentleman rest of the citizens of Miami. So therefore, they don't have legal.` g representation. We as a body, as the government of the City of- M.iami;, have h the; responsibility to on their be get to TCI and express how. we feel as- the,:result of the discontent of the general public. I see it as :two different.. issues. V Mr.. Fernandez:. 1, understand you perfectly well Comnissioner-Alonso, a,nd . i f. tk € everything in this world were so simple as to make them black and whi te. type, of: -issues,- like that... .- Commissioner Alonso: We would have won several .cases in courts jl TI Y1'ce Mayor Plummer: And we would,have less .attorneys. Mr. Fernandez: And we would have, you know... ,;� -less Mayor Suarez: A� lot attorneys. Yes, all right. 3 . Mr;,Fernandez: Right.. to'rou Mayon Suarez:Commissioner De Yurre, I would be inclined to defer up. i think thin you allow me to sort of wrap this Hopefully, lr;Commission 'Unless is of he opinion, I� don't think we need to put°;it in the`;formr;of ;., ' resolutionj but if you would like... Commissioner Alonso; Yes, we have.to order the a►dministrtion tfl.investi�tte r } a , Lry /w� what happenod ifs Mayor Suarez: OK. Yes, certainly that, On the substance of the matter �r f§ that x� t tv Y yn lisFi' 43n.. � s• 4�.r.Y ""Ll u,-�"l *` �' Pff r w: ��htt: Commissioner Ce Yurre: Just & desire Mr. Mayor, that you know, I As A eitilen of City of Miami, and t think as a Commissioner representing the peoples I CAM express a -desire, and I can make a motion. if I get a second, fine, if I don't, that's, you know, the way it goes. Mayor Suarez: OK. I was about to suggest some wording that you might want to t use. Commissioner 0e Yurre: OK. So if you want to suggest some wordage, go right_ ahead. Mayor Suarez: please. So that we don't run afoul of the legal battle here and at the same time come up with something helpful. This Commission obviously wants Hispanic programing, and thinks there is a need for it in Miami's television... - Vice Mayor Plummer: Cable. Mayor Suarez:...cable television market. Obviously, Creoleandpredominantly a geared at issues of the black community also, but specifically here, in Hispanic programing. We find that there is a substantial demand for it. We take noteofthe calls, testimony, and your visit here today, and your testimony here, and your presence here today to show further demand for this Hispanic- programing. We find that Channel 40 has, in fact rendered useful programing, and that people are interested, including -ourselves,, as citizens. -_ We make no opinion on whether that particular slot should be filled by Channel 40, or an alternative provider. And, of course, we make no opinion on the ; merits of the lawsuit in relation to the respective legal rights. The rest, I think, we all agree on. Commissioner. Alonso:, Yes. And we also instruct the administration. to investigate what has happened. f Mayor Suarez:. And to investigate, from our. standpoint, whether any violation of..any our `norms or franchise 'rights, which are not really a heck of a. lot, have been in any way violated obviously. _ Commissioner _De Yurre: Well, I go along with 98.3 percent of w at you'-ve said.• -The only thing that I would like... —` Mayor Suarez: Well, work out the other point 0.17.;- Commissioner De Yurre: The only point that I would like to change maybe; is. the fact that you .know, not just channel 40 or another Hispanic, because I — have no idea what the other Hispanic program is going to show. I'd like... Mayor Suarez: No, no.. I said specifically we find .Channel 40 to provide, useful" and conducive programing for our community, but, we°, can't ,take a - ✓: position,.as to whether they should be the ones or another one.; Because that $s` E would put: us into a situation... Commissioner De Yurre: No. Well let's just say that we are satisfied with the programing that they have, and you know, we'would like to see them on the, air, if possible, and for them to work out their thing. That would be: the motion then. Mayor'. Suarez: We find, it to be, you.,know, useful programing I think,t I better than saying satisfied.. It'-s actually more..,,: Commissioner,0eY4rre: Yes., So obviously those that are City Attorneys that.` don't live in the City of Miami, don't experience Channel 400 so they can't. `r really .relate to -it. :.But, you know, it just.., Mr. fernandez..But when I visit your home almost every night,-1 watch it:with you.` ` ., ,.. ' . ., • {mow . Commissioner Alonsp: They will lose time because it a� ..goes through channels that ifwe,.. i f TC - . o np _ res _ re C,anne1 40, `30*0 other,pl_Aces in Dade County are going to be affected as well. ftor Suarez: 0K. n y $ 4 grt EJ- f '�i Z pX it°i x k+C F Wall I have to ask the City Attorney if he feels that, what we are going you know, as is proffered by Mr. Fernandez: No. Clearly... Vice Mayor Plummer: I have no problem with Commissioner De Yurre's motion. Yet, I'don't want to place this City in a position as you have stated before, at a class action, or as a group, rather than individuals. `R Commissioner De Yurret Just remember, J.L., that we listened to his opinion on other occasions and we've lost out. So don't really assure us of anything. Vice Mayor Plummer: Yes, I understand. But I am concerned. And you should be more concerned than I knowing the law better than I, of contractual agreements, and that's where I am concerned. And I would have to ask the City " Attorney's opinion and be governed by that. Mr. Fernandez: My opinion is categorical. I have been clear from the very beginning... excuse me. My suggestion to my Commission is that you thank Mr. Garcia Pedrosa and the fine members of the public who have come here, and go on to the next item. j` Commissioner Alonso: Mr. City Attorney, may I ask you a question? - What difference does it make when we have already expressed ourselves well beyond the line? And what difference does it make whether we really go around and say yes, yes, yes, or no, or whatever we say as a Commission, when we had already expressed ourselves to that degree? Do you think it will really change anything if it goes so far, or to court?' I' f` Mr. Fernandez: Yes, I do. There is a difference between individual r expressions which in my opinion are of enough substance, but I think that ! ultimately the coup de gras or whatever you want to call it, is when this Commission acts with one voice, and the majority of you concur with one notion that in fact, official City action has been taken. Prior to that no official action has been taken. Mayor Suarez: I thought I had given a suggestion that made sense. Commissioner Dawkins, if you have a better one, let's hear, otherwise... or an alternative one and otherwise, we've got to go. Commissioner Dawkins: No; I don't know... OK. Mr. City Attorney. A t Mr. Fernandez: Yes, my Commissioner. Commissioner Dawkins: Is it any way that we, as Commissioners, can in the morning write letters, or call TCI, and tell them personally that we want Channel `40 on the air? And in the event that they do not put it on the air, r that they come before this Commission at the next Commission meeting and explain to us why? Mro Fernandez: No. Commissioner Dawkins: Can we ,do that? Mr. Fernandez: There is a difference between what you may as an individual and carrying your title of City Commissioner with you twenty-four hours a day'' will tell them, but you cannot alone cite them to come in front.of you. s Comm ssione r Dawkins: All right. Can...? Mr. Fernandez: That has got to be a decision of,this Commission. Comnissioner Dawkins; Can we each write them a personal letter telling them to explain to us in writing and then I'll read it in the Commission meeting? Is that... what's wrong with that? 5, Vice Mayor Plummer: Same thing. Especially if you write it on Gity stationary } Mayor .Suarez; Well let me just say for myself. If any CQmmie;3iRner wants to , ;r Write:a.'lotter on their preferences 45 to Channel 4p, they arercert inly'froB` f r 45 A 9 d 1 fi 3kiyif' h�, tir r t c a i to do so regardless of what impact it May have On 1itigatioN I Meen# we`Af0s here to enact Enact public policy and to l eg i sl ate, and to express our views on a variety of things. If any Commissioner wants ,them to be here at the next Commission meeting, they are certainly free to request that. Mr. Fernandez,. Correct. Mayor Suarez: And if it ever got to the point that an investigation would reveal that we ought to incorporate ourselves as an investigative body, with subpoena powers, we can even do that. So we've got plenty of powers here that we can carry out. I don't want to... Mr. Fernandez: Correct. Mayor Suarez: I don't want to understate our ability at all. And the idea that we would further investigate this is also a useful one. And I am sure that there is no legal infirmity in that, Mr. City Attorney, I am sure you would agree with that. Mr. Fernandez: Correct. Mayor; Suarez: Including demanding the presence here voluntarily, or not so voluntarily of TCI officials. I am sure they would come voluntarily, and questioning them. - So what exactly we are going to question .them about is _ another issue, but we can certainly do that. And so all of. that can be incorporated into a motion, and if you would like to make it, anyone, please... - Commissioner. Alonso: Why don't we move then to... we have expressed ourselves here clearly enough and :in the morning we can write the letters. We ,can f instruct the administration to investigate what has happened. And also, -� perhaps we can add to invite TCI to come at the next Commission meeting to explain to us what has happened. Mayor Suarez: All right. Commissioner Dawkins: Was that Commissioner OK. That was your motion? Commissioner De Yurre: Well, just second my motion. Commissioner Dawkins: Ok. That was you motion? Vice Mayor Plummer: Inviting them doesn't make it mandatory.. Mayor. Suarez: Does your motion reflect...? Commissioner Alonso: Commissioner Plummer, I think we should invite them, and then see if they don't come. Vice Mayor Plummer: Oh, yes. i Mayor Suarez: Does that incorporate...? ' Commissioner Alonso: I think it should be a polite invitation from this'' Commission.for them to come in front of us... W Commissioner De Yurre: Yes, that's a substitute motion. Commissioner Alonso: ... and give us their impression of what has happened. I And at, the,same-time, to instruct; the administation to investigate what pad t ], happened.:,, I think that we have. 0 look into',' his mattes',be'i tit ause we iiav� citizens here telling us what ' has -happened. _ We have rece.i veo , phone .c. 1 jit . ' W�e have..,received:visits. We have been approached in the streets. Therefore, beside the problems of Channel 40 and the company, we have to address" the problem,that our citizens are having at this time. sir Mr.. Fernandez: Lines of communication are open between us as licensor And ` them as licensee. }x. fi Mayor Suarez. an you. Me#:Fernandez; And I believe that we may wall on them At any time sz 46 3`fi £w� fi �� r fly 20 Its hg IT {py`vyt ` i' i F( 4j• yj 1 .(S,FFt t yi7° ,. RI � T � � Commissioner Alonso: So I to move with the motion that I.., as presented. Mayor'Suarez: Does that reflect your motion? Cbftissioner Atom: To investigate. e l Commissioner noVurres Well my motion was one of an expression of desire to see them back on the air, because of programming that they provide. That was f my motion. Now if we also want to incorporate the fact of inviting them'to - come down... -- Commissioner Alonso: I suggested that we... but I thought that you were not going to do your motion according to the comments that they were making here, and even the Mayor also saying that - adding that Channel 40 per se, might ' create some problems for us as a Commission. I don't think that... well, do 5z; whatever you want. Commissioner De Yurre: I think that we... if we represent this community and as representatives of this community, we make decisions on a daily basis... Commissioner Alonso We do indeed. Commissioner De Yurre: ... which impact and represent our people. And I _ don't think any see it any different than saying we are expressingour people's opinion - just like we are part of the people, because we enjoy it also, that we feel that Channel 40 provides a service, that we would like to see it on the air. Because it does provide a service, and that we hope that they can work out whatever legal problems that they have and to get them on the air as soon as possible. I don't think there is anything improper with that. Commissioner Alonso: Yes. Will you add then, what I... they investigate.. Commissioner De Yurre: And then that they... if they... this doesn't get resolved by the next Commission meeting, for them... to invite 'them to come down and explain to us you 'know, basically, what`.'their side of the story is. Commissioner Alonso: No. What i would -like to do, it's to Instruct the — administration'to investigate what has happened, `and `to invite them. 7 Commissioner De Yurre:, That's fine. !" Commissioner Alonso: ' Because' I think we n6ed answers to some of our, questions. Commissioner De Yurre: OK. Commissioner Alonso At.least, I do. Commissioner De Yurre: 1111 incorporate that into the motion. Commissioner Alonso: Will you include that? Commissioner De Yurre: That's fine. Mayor Suarez: Would you' -accept a disclaimer that says we are not taking: any r,a position in, the present litigation? - to clarify that for the judge. t Commissioner De Yurre: Oh no, no question. This is a desire as a citizen and ,.t; as a representative of this community of the services they provide. You know, i am not getting into the contractual problem. ;That's Something that they've got to work out. Commissioner Alonso: Of course not. `Mayor Suarez; All right. Would you... Commissioner De Yurre: I don't know who is right, who is wrong, or whatever..K' ,ter 4 Mayor Suarez: .., build that into your second? Moved and second. 5 11 7 A ` q Q [, t v$ `_ � �y51 $ f f, � � � it k� {•fi �P�M 'ht IMP,., �ryk ew h1Nq t trmgsioner A1nso Yes, We Mayor Suarez: All right. is that...? I know the City Attorney is a little - bit uncomfortable with that. Vice Mayor Plummm. I don't -see anything wrong with that. I'm not a lawyer, but I don't see anything wrong with it. I think Mr. Mayor, as we are well awaret TCI is watching this on Channel'43. I think they have to be cognizant Of the outpouring of the community. And as such, I think they have a decision to make as.., maybe they've already made it, maybe they want to reconsider it, I don't know. But as I see no objection from the City Attorney of the t motion that is on the floor, I will vote favorably on the motion. Mayor Suarez: Call the roll. .. .. y - Ms. Matty Hirai: Need a mover and a second, Mr. Mayor. Commissioner Alonso: Yes, I did. Commissioner De Yurre: Mover, second. Mayor Suarez: Moved and seconded. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-388 F - A MOTION OF THE CITY COMMISSION EXPRESSING ITS SUPPORT FOR THE ' USEFUL PROGRAMMING THAT CHANNEL 40 HAD HERETOFORE PROVIDED TO THE MIAMI COMMUNITY, AND MAKING A FINDING THAT THERE IS AN EXPRESSED NEED ON THE PART OF THE COMMUNITY FOR VIEWING SAID CHANNEL ON MAIN CABLE TELEVISION; FURTHER STATING THE MIAMI CITY COMMISSION HOPES THAT WHATEVER DIFFICULTIES THERE ARE — WILL BE RESOLVED IN THE NEAR 'FUTURE; AND FURTHER INSTRUCTING THE ADMINISTRATION TO INVESTIGATETHE CIRCUMSTANCES SURROUNDING ' TELECOMMUNICATION-INC.'S - (TCL'S)' REMOVAL OF 'CHANNEL 40 FROM THE TELEVISION AIRWAVES; FURTHER DIRECTING THE. ADMINISTRATION TO CORDIALLY INVITE TCI TO ATTEND THE 'NEXT REGULARLY SCHEDULED 'CITY 'COMMISSION .MEETING AND :EXPLAIN ITS = - VERSION OF '-;:THE AFOREMENTIONED:' CIRCUMSTANCES; AND FURTHER SPECIFICALLY CLARIFYING THAT THE CITY j. COMMISSION IS'NOT TAKING SIDES, OR AN OFFICIAL v° - POSITION IN. SAID MATTER, WHICH MAY BE PERCEIVED AS INTERFERING WITH THE ONGOING LITIGATION BETWEEN TCI AND CHANNEL_40. — Upon being seconded by Commissioner De Yurre, the motion was passed and :- adopted by the following vote:;; _� AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso = rf Vice Mayor J.. L. Plummer, Jr.� - Mayor Xavier L. Suarez NOES: None. rf - ABSENT: Commissioner Miller J. Dawkins. �} COMMENTS MADE AFTER ROLL CALL: # Mr. Garcia Pedrosa: Thank you very much. t Mayon Suarez; Right. I was hoping you wouldn't add anything to it. Bye, bye, bye. ; X A� x 3 'dig { t sac:vso�css+csrsrtswrswar�arwarrnc���c�:ac�roa:craa-d»..wrr►wrrc:ac..s.�s.:snrr.v�:a.rrmarsr�.a.�w��:,:r:s.+�si.�saYaa�eca��c��► , ii. (Continued Discussion) ACCEPT $8,000 DONATION FROM THE AMERICAN EXPRESS PHILANTHROPIC PROGRAM, TO INCREASE CITY OF MIAMI FUNDS DESIGNATED TO ASSIST COSTA RICA FOLLOWING RECENT EARTHQUAKE - DISBURSE TO! COMISION — ESPECIAL DE VIVIENDAS/COSTA RICA (See labels 2 & 30)4. ---------- ----------- ------------ iw----sYa--�J..Y.iPrrr Yfw Y.Y W: - Mayor Suarez: Item one..6 we are regressing here instead of progressing. Bice Mayor Plummer: Mr. Mayor, real quickly to resolve a legal issue. I move "A resolution accepting the amount of five thousand dollars ($5,000) a donation of American Express Philanthropic program for the purpose :of increasing the amount of funds being received by the City for its relief ; campaign to assist the disaster stricken country of Costa Rica which has suffered extensive earthquake damage, further authorizing and directing the City Manager to forthwith disburse said amount, to the Comision Especial de Viviendas/Costa Rica." I so move. Commissioner Alonso: Second. - Mayor Suarez: Moved and seconded. Vice Mayor Plummer: Make it legal. Mayor Suarez: Any discussion? If not, please call the roll. We need - everybody to clear the chambers, please. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-389 A RESOLUTION ACCEPTING THE AMOUNT OF $5,000 AS A - - DONATION FROM THE AMERICAN EXPRESS PHILANTHROPIC - PROGRAM FOR THE PURPOSE OF INCREASING THE AMOUNT OF FUNDS BEING RECEIVED BY THE CITY FOR ITS RELIEF - CAMPAIGN TO ASSIST THE DISASTER STRICKEN COUNTRY OF COSTA RICA WHICH HAS SUFFERED EXTENSIVE EARTHQUAKE DAMAGE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORTHWITH DISBURSE SAID AMOUNT TO THE "COMISION ESPECIAL de VIVIENDAS/COSTA RICA". I' (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso L Vice Mayor J. L. Plummer,, Jr. �. Mayor Xavier L. Suarez NOES: None. r: ABSENT: None. I - ! (-. A �a r4 P 1+�6'wyD91 2 a, > t"' e f.iWah..Yi�saf:idF.r+rifitiGtlicai.'iY.viasilfirYif itiYii.b--ii--iserl:.+rirr+ar.i.1r--►i1:if4------il.r(YiiL iWmi� if iY--As---' — - FIRST READING ORDINANCE: AMEND CODE CHAPTER 39 (SIDEWALK AND STREET VENDING) - CLARIFY INTENT AND ESTABLISH A NEW MIAMI ARENA SPECIAL VENDING DISTRICT - ADD NEW SECTION 39-17.4: LIMITATIONS WITHIN THE MIAMI ARENA SPECIAL VENDING DISTRICT - PROVIDE FOR HOURS OF OPERATION, MERCHANDISE TO BE SOLD, ESTABLISHMENT OF VENDING ZONES, etc. - ADD NEW SECTION 39-18.2 GENERALLY PROHIBITING OPEN FLAME USE CITYWIDE BY VENDORS, SUBJECT TO REVIEW IN 90 DAYS. _----------..-....----------------------.----------------------- -- --- [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATION WERE MADE BY RICARDO DE LA HOZ AND DR. LUIS PRIETO.] Mayor Suarez: Item 1, again, for the third time. Vice Mayor Plummer: Mas o menos. Commissioner Alonso: Finally. Dr. Luis Prieto: Commissioners, you instructed the City staff to bring some more information to you and also to meet with the developers of the residential areas around the stadium. As you know, that has taken place. There has been an agreement in principle to remove the vendors from around the residential area, and the proposal from the City is before you right now. As you can see, it is primarily on 1st Avenue - south of 1st Avenue in fact, south of the FEC (Florida East Coast) right-of-way - for obvious reasons. f th Cit Before discussion I would like to also This is the proposal o e ys pass to you some photographs the police took during some eventsshowingyou that, in fact, the vendors are using the FEC right-of-way which places the FEC in a condition of extreme insecurity. This is an active track, and of course, we would not want to incur in any liability with that issue. That's the - reason we are placing it south of the FEC track and the 8th Street. - Mayor Suarez: Well the FEC thing can be resolved by making sure that they are not located in an area roughly what? - fifteen, twenty feet? Mr..Prieto: That's right, yes. Mayor Suarez: So I mean, I wouldn't make that the sort of... Joel Maxwell Esq: Thirty feet. Mayor Suarez: Thirty feet. That would not really be the basic gist of what we are trying to do here rational. I mean that could be done without the rest of this whole scheme being in put in place. All right, we know your recommendation City... Sports and Exhibition Authority have any...? You're represented by counsel, or do you have... or are you just going to speak for yourselves? OK. Get ready to state your case. Mr. Bill Perry: Bill Perry, director of Miami Sports and Exhibition �t Authority, Mayor Suarez: OK. Wait a minute, wait a minute. Everybody please take your, seats nice and quietly. Discussion is taking place right up here at the Commission.on another item. Thank you. Mr. Perry: From the Sports Authority and as a representative of the tenant, the owner of the building, the Sports Authority does own the facility. We would like to go on the record as supporting the recommendation'. -'from the administration of the Public Works Department, We have had the opportl�nity too as Dr. Prieto said, meet with the vendors on several ocean onand At is not; to eliminate it :out to regulate the district as you have done, as the Donrnis.sion has done in the downtown area, as well as the Coconut Grove area: _ 50 May31 { .�t ? ): - sal t 7}5& r1W �' j3 A A 2 z .tT3,A Lv3 It is a concern of ours, not only for the safety of the patrons that attend the arena, but also for the safety of the vendors that are there. The City of Mimi Police De artment has one on record the iast tioie we had a P ublio hearing with the vendors, there was a serious concern as it relates to various incidents that have happened amongst the vendors, and we are concerned about their safety as well. We feel that moving this particular..6 proposing this district, will, in fact, be in a much safer area than it is in now, both for ; the vendors themselves, as well as the individuals that attend the arena events. And we just want to go on the record as supporting this particular proposed district. Mayor. Suarez: All right. Mr. Rafael Padilla: Mr. Mayor and the Commissioners, I would like to have..0 my name is Rafael Padilla, I represent the Ice Cream Vendor Association with 4 Dade County. But, first thing, I would like to have, an official translator. ti k: Mayor Suarez: You're doing very well. = k Mr. Padilla: OK. Sometimes I want to talk something and I cannot tell you. Mayor Suarez: We'll help you if you want. r Mr..Padilla: OK. Mayor Suarez: Well I'm sorry. He is... it's fine and if you would... Problem is then his testimony is really the official one and not yours, and we would like to hear from you. You're doing pretty well, and if you need his = help at any time, he'll help you. Mr. Padilla: OK. If I don't know nothing, you would come...? Mayor Suarez: Sure. Mr. Padilla: OK. Please, we are here because a few people that sell hot dogs in Miami Arena, they are only about twenty people that work very hard and I... instead to put out of business because if they move from the place that they are now, they will be out of business. Because in that area, there are _ many..., Mr. Ricardo de la Hoz: OK. He is explaining that there are a lot of criminal ss acts in the area where they want to move us. { Mr. Padilla: OK. Another thing is that we know that the people that are the owners of the concession of the Miami Arena, they want to have al the business for them, because they are selling the hot dog for two dollars and fifty cents instead... Mayor Suarez: How much do you sell them for? How much do the people you << represent sell them for? A: ' Mr. Padillav They sell for one dollar fifty. That's it. Mayor Suarez: One fifty? Mr. Padilla: Yes.' j a Mayor Suarez: As ,opposed to two fifty? Mr. Padilla:: Yes. And one other thing is, not only... Mayor Suarez: I like one fifty better. Mr. Padilla: OK. Commissioner Alonso: Yes, one dollar saving. Mr:. Padilla; And the other thing is, you know that sometimes thet we. have } { problems, the ice cream vendors, that want to put out of buss ''s0 bOcoyse z their interest about Barger Kings, MacDonald, they tell many# their w4i t;to f 4..: �l l the business in the school , and. they pVt;� .tima filQand hire; l�unored feet from the school, Andwe cling i<h+erdoe k< 51 s S 4 t°4s i because we went to the Comrnissionerg in Cade County and they Make a"plan with the vendors, with the police, with the school board, and we changed the ordinance,` and now we are working in the fence of the high school. It is safety for the children and safety for everybody. And now I am sure if you put the hot dog people in another area, you know, you wiII put out of business, them. Another thing is, when they... all the persons who go to the Miami Arena, you know, they are running to go inside the Miami Arena the first time and when they go, they finish the show, they go running the same thing. You know what I mean. They have to see the vendors in the place that they are now because every people are afraid, and they don't go in car. Many of you are families. When you go to Miami Heat to see the basketball played, you go in the Metromover, because you are afraid of that area. And another thing is, we want to tell you that the... one time we were here, because they want to put an insurance for all the... the City of Miami want to put an insurance for all the hot dog people, for the lunch people, a`nd for the ice cream vendors. And I remembered one time that in this case, Miriam Alonso, in that moment she was not a Commissioner, and she was here to help out and to support, you know. Now, we aren't sure... Commissioner Dawkins: Now she is going to move them. Mr. Padilla: No you remembered that. OK. And now the first thing is that the person who work in that area - you want to make some question, they are here. But I want to tell you that five thousand people, ice cream vendors, and lunch people, are supporting our friends. They are only twenty-two, and we are supporting them a lot. Mr. de la Hoz: Thank you Commissioners. Mayor, Vice Mayor, Ricardo de la Hoz, 1048 SW 10 Avenue, Miami, Florida. Mr. Bill Perry is a very nice person and all the people from the arena are very nice persons. Now we are only like twenty... Mayor Suarez: Not everybody at the arena is as nice as Mr. Bill Perry, but... Mr. de la Hoz: Yes, sir. Well twenty-two hot dog vendors, let's say,. eighteen hot dog vendors this is what we do for a living. In the City of downtown there are no more spaces to sell hot dogs. In the courthouse, there are no more spaces to sell hot dogs. These are people that only sell hot dogs - exclusively on special events in the Miami Arena, so this is our main living. Now all the resolution they want to put in... you already passed the law on no barbecue, which we think was great, and if you go there is no barbecue there. Mayor Suarez: And we appreciate your cooperation in enforcing that. Mr. de la Hoz: Thank you, sir. Commissioner Alonso: Yes. i Mayor Suarez: Remember a law is only so good as the ability to enforce it, or for people to abide by it, so. Mr. de la Hoz: Yes, sir. And now we are the people with the hot dogs. We pay for the City license. We pay for the taxes of the sales tax, and we do all this. Now who do we sell? We sell mainly to the people that come from f the Metrorail and go through the tracks. That's the main business we get. F Now the place where you wanted to move us before, they changed all that and then these are the new places where they want to move us. Now this is,, to tell you the truth Mr., Bill Perry, this is no good'. I : do this for seven years'. This is my living, I love selling hot dogs. Mine is the best hot dog a` in Miami to tell you the truth. But that location Mr. Bill Perry is no good. : Now we'are only... you can make a law to put sixteen spots... Mayor Suarez: You may be the best hot dog in Miami, but not necessarily what you sell. Mr.'de la Hoz; Thank you. To tell you the truth, I will respect any decision from the City Commission. And the only reason I speak for most of my friends it's because they don't speak English. I don't want to see that, you know, I am taking their void, but it's just them. I'speak English, they don't -speak Englishi that's why I am speaking for them. Nqw they... most OU the p,Int ' Ihy put here' are very good. The only thing we are in disagreement is the l+potion Come -on, we are only eighteen people',` eighteen vehdors. Just put$ s u i ry its d''x €r`k gyp; `�'UTAi'e f 4s �r� { .{ �2 3b iiE P Rk the eighteen spots where we are now, Whoever comes there and the eighteen spots are taken, then they have to goy That's it. You know, it's no big deal. Thank you, girt t=: Mayor Suarez: All right. Commissioner De Yurre: The concern that exists is i and we've spoken about this before as to who owns that area where they are located right now? You know, I think is it Metro? Is it the Metrorail? Is it FEC? You know exactly, who owns their present location? Who is the property owner of that? Mr. Joel Maxwell: That area is divided into ownership of several... among `. several different parties. And one is, as you have correctly pointed out, you y have the Dade County Metrorail right-of-way. You also have a thirty foot parcel that constitutes the FEC right-of-way. Then you have a fifteen foot 3 portion off of NE 8th Street that is the actual right-of-way, the 'sidewalk { area. South of that is a paved area that is City of Miami property. So it'sa}_ divided among several different entities. Commissioner De Yurre: OK. How much of that is City of Miami which is my concern? Mr. Maxwell: Well you are running the difference between... about fifty feet from the fence, if you are familiar with the area. From the fence south to north - I'm sorry, north to the street - you've got about fifty feet there, and approximately fifty feet toward the railroad tracks. So you have a fifty by fifty parcel. Commissioner De Yurre: Right there? Now is part of that railroad track not ours? Mr. Maxwell: That's correct, sir. — Commissioner De Yurre: How much of that? —i Mr. Maxwell: About thirty feet of that is FEC right-of-way. Commissioner De Yurre: So of the hundred, you say fifty and fifty on each side... Mr. Maxwell: No. Commissioner De Yurre: ... thirty, is not ours? Mr. Maxwell: I did not include the thirty feet belonging to FEC in those computations. Commissioner De Yurre: OK. Then it's a hundred and thirty feet that,you're talking about. Mr. Maxwell: You're running fifty feet north -south, and you re running approximately fifty feet east -west: Not including the FEC. 71 4ryt Commissioner De 'Yurre: That is all that is City Mr. 'Maxwell: That would be City 'including the dedicated right-of-way, Commissioner De Yurre: OK. Now legally, do we have any rights as to creating a district on FEC property... Mr. Maxwell: No, sir., -. Commissioner De Yurre: ... and/or Metrorail - Metro Dade property?: _County Mr. Maxwell: That's correct. We do not. In fact, Dade County' has an ordinance that specifically prohibits vending under their right -of -wary., and they enforce it vigorously. Commissioner Ds Yurre: OK. Now, do we have a right, or do we have a policy of e�aituation .wherein we would go where, they are pre ant y.; lAtoted ;{oe i#p �' Netroraii;'proper-tyo-.FEC property? Do we, as a policing body, tale them out Hof 3 ►.` there? DQ we have a right to take them out of there, or is that ajob, for,the, 1. 5 L 7 Y - -c i� :b ads �...•'...__ �. �, ` 1-...,, f -. - .... _., S,.f,Y L.� CSv ., __ "In11-1 jar a Pee property as a private owner enterprise, to step forward and do SOMAthing about it? Or Metro Cade County to police it themselves? Mr. Maxwell: Metro Cade does police the area under the Metrorail tracks as I Pointed out. They police that. There are no vendors located under that area because the police department for Metro makes sure of that. The FEC right-of- way is technically private property, and in the event that it locates there, extent for many City action, would be technical trespassing, and placing their lives in 4eo and P y. Commissioner De Yurre: But we don't, as government, as police, we don't take people out of :R private property, right? Mr. Maxwell: Not unless a complaint is lodged involving trespassing. Commissioner De Yurre: OK. But that's an action, that's a private action? Mr. Maxwell: Excuse me, I'm sorry? z,. Commissioner De Yurre: So that's a private action? That the City of Miami Police, do they have a right to go on to private property and take somebody out of there without being called by the FEC? - in that case to be removed? Mr. Maxwell: Not on to private property. No. Commissioner De Yurre: OK. So right now, even if we were to adopt something of this nature, we are not - or we cannot prevent them from going on to FEC property and setting up? Is that right or wrong? Well, right or wrong? Mr. Maxwell: I guess the answer for that to be that, that's a correct statement..: Commissioner De Yurre: So. Mr. Maxwell: ... except that we... if I may explain sir. Commissioner De Yurre: Yes. Mr. Maxwell: That train track is an active railroad track. It's called the Dodge Island Lead. ` Trains, in fact, run on that track every single day. We... - Commissioner De Yurre: But isn't there some regulation that they cannot run during arena events? Mr. Maxwell: I am not aware of such. Commissioner De Yurre: Because I am yet to see in three years; a train going by there. Mr. 'Maxwell:- They run, according to the information provided.me by'FEC,,•they run every night, a train through there. And they also run switch engines at any time of the day or night when needed. SoEthey can come through there.` -' They have'active caution guards for pedestrians as well. a Commissioner De Yurre: But again, that is not a direct concern of poicingof. the ` Cit `ofMiami y because we have no rights, or no res onsibiIit ` reall g P yy to ' go on to' pri vate property and police private property. Mr. Maxwell: Except that we have now been `made painfully aware of a dangerou"sit condition that now exists there. That is vendors operating``under prlVitt —` property::. w 4 s Commissioner De Yurre; So do we contact FEC and advise them of the situation? E;. Mr. Maxwell., We -could do that. Yes, sir. Commissioner De Yurre: Ancl that takes pare..,? st Commissioner Alonso:' Do we police every place 'that is private property and It has dangerous conditions? r i Jg 5 t 54 e ,,yy Mr's MAAWOI i : Pot i co - it?, Commissioner Alonso: Yes. Mr. Maxwell: When we are not... when a dangerous condition is made known to us, I believe the answer would be yes, we have a,duty to do so. COMissioner Alonso: On a regular basis? Mr. Maxwellr Technically, yes. Commissioner De Yurre: I think basically and what Commissioner Alonso is alluding to is basically what I am saying. Commissioner Alonso: Sure. ' Commissioner De Yurre: You know if the house has a dangerous dog and the gate 7 is open, you know, does the police have a responsibility to close that gate? k' Commissioner Alonso: That's what he is trying to get you to answer. Commissioner De Yurre: OK. You know that, that'.s the way it is. Now we can adopt something like this and yet, that is not going to alleviate the problem of vendors going on to FEC property. That's the way I see it right now. The only thing that we can address is that fifty by fifty square foot area that you are.talking about it. Mr. Maxwell: Except, this is what will occur. -You remember the FEC property runs, as,' 1 said, north south, totally bisects the sidewalk area there, and serves as -a barrier across which pedestrians going from the Metrorail station _ to thei arena travel. If you force or allow all the vendors twenty-two, ! thirty, the number `is in dispute how many we are talking about,'I think there are< more than .twenty-two. But if you allow them to locate themselves within + that-: area, or ---small linear area of thirty feet or so, they are' going' to totally block ingress from the- Metrorail station to the arena. And `I'don 't think you can allew'that. Commissioner De Yurre: You're talking about fifty foot width? Mr. Maxwell: Thirty foot width. The right-of-way is approximately thirty feet. You're talking thirty vendors that want to locate in an area of about fifty feet wide. Those carts are six by three and -a -half feet in size - just the hot dog: carts. x= Commissioner°De Yurre:- So it's a thirty foot,area. Mr. Maxwell: If they Locate in that area and we prohibit them from locating in- the'other area,;You would have an untenable situation. It won't work. Commissioner De Yurre: How many in three years-'1 guess -July 8th wi]1 be the, third anniversary of the .:arena - `.i n three years . that I .feel that", the vendors . have?been--,Uere from day; one, 'practi cal ly,, how: many incidents have we :had? Mr. Maxwell: I will defer to the Police Department. I think they can comment on incidents at thearena.�` f Conmissioner De Yurre: How many incidents does the Police Department knew of in that three. year period? } Lt. Joe Longueira: Commissioner, I don't have number on that. I.know that ; I talked to the officers, that work that area. They have to settler'diaputeS4 between vendors, because they are too close to each other. Thai► fiht�pv+er zY customers'. They have problems where public can°.t get through on sidewalk'`M. they," haveto walk out onto the street. OK? They have problems -where �' e crossing; ,the street trying to get; on the sidewalk, can't get on tine si'dewa�tk because there are vendors in the way. OK? These are all issued that watt <r to rasol There are too many vendors i n that area: You krlo�v our "Quest 0 = 4 . and i mean, I, don't understanu how`a thirty :foot rightof-wny gyros ti#e ; strut 4nd',,eioross the sidewalk, :the Pe]: ee Oepa,rtment +pan't `laic ,erly ao ion otl :. till rtjr Foot strip that irroSses the street?r � b i F a a s ro 1 ,an, 4, h Mr. Maxwell: Not in the street, no. VM sorry, there is some cohfusioh on the area that crosses the street, obviously, that's dedicated right -of -Way. But the track runs... after you trots the street, the track run$ back on property back up in there. Commissioner De Yurre: Sure. Now, I can see regulating the amount of people... 1 can see the amount of vendors being regulated to some degree, to space them out so that... and maybe instead of putting them like this, you put them like this, so then you have an extra two, three feet or whatever, so it's not thirty but maybe thirty-five feet that you have there. I would like to see a combination of a district. One wherein... and these are traditional vendors. I think these are the same people you see there event, after event. Mr. de la Hoz: Yes, sir. k Commissioner De Yurre It isn't a proliferation of more people coming into the area. i would like to see cooperation from them so that we can help them, and somehow, gain a compromise here. And I think that the compromise would have to be where, if we have a fifty foot wide area, instead of going every fifty feet like we have here, maybe going twenty-five feet on one side, and then on the other side, so that it allows you six vendors in that prime quote, unquote, area. And then swing down adding what you are proposing here. And they... and if not, it comes back to us again, and they would work out a system where they can rotate... Mr. de is Hoz: Yes, sir. Commissioner De Yurre: ... as to who is going to have those six spotsin a given night, and then the rest slide down. And by sliding down, if we are ( talking about eighteen vendors, that's six up there, that's another twelve, you are still within the confines of the arena, so there isn't any problem, or a any criminality. There isn't any problem of any illegal activities happening there because you are still... that area is the private parking area that is patrolled by.security on 6th Street. So between,6th and 8th, you are<buffered that you are protected. And then you can work' out an arrangement where you can have six up in the corner, which is the one that we are talking about, and then everybody else swings down where it's being proposed. I think... Vice Mayor Plummer: Do we not have another problem? Because as expressed to me when they came to see me, they are speaking,'only for the hot dog vendors. t OK? Mr. de la Hoz: Correct.; f Vice Mayor Plummer: Now, we have seen photos, not here today, but prior today in which there is a proliferation of other kind of vendors. Souvenirs... Lt. Longueira: T-shirts. .Vice_ Mayor Plummer: Ooo T-shirts and other vendors, whatever they are selling. Now, I think you have to address the other issue, because they a`re going to say... you're going to make a provision that says that you are going to propose six locations in that general area. OK? Commissioner De Yurre: For hot dogs, that's what we are talking about. And h hot dogs are food, you know... Vice Mayor Plummer: But now, have we really accomplished anything if we don't . speak to other vendors?:'; Commissioner De Yurre Well we have.to exclude... 5 Vice Mayor Plummer: Because you have six spots there and then' you heve -twenty-two T-shirt vendors come in between, I don't think we've} real`1 h r. accompI i shied,' y ` err, trdmmi'ssfoner De' Yurre: No, no. J.t,., what T am taking about is, the people .that .;sire concerned about this problem are the ones that We have ssoh herd, E'f Chet we see,hero tonight, the same people that have been coming here te,.ehd : .tied in `. tees anybody. !lore sell T-shirts? ',7hat's' nQt'my concern ri of npw*concern it' the people that are concerned enough to be here becb+s their-' ivelibood is on the line• 4 r 1 r 56 a, x a c 7 3x { Ott 4 Vice Mayon Plummer: So where Would -you propose that these six locations be? Comissioner De Yurre: The corner that we are talking about, the Corner of Sth and 1st Avenue which is the City -owned property, that fifty by fifty square foot area, that we put six there, space them out twenty-five feet apart, and then across from each other, that allows six in that area, and then everybody else swings down based on this proposed location. r Vice Mayor Plummer: And how would the excess above six...? 4 Commissioner De Yurre: They have to... Vice Mayor Plummer: Or, excuse me, no. I'm sorry. How would you be, a basis of who those six are? Commissioner De Yurre: They will work out a system, a rotating. system 1Z 141 between... the way it should work and why it should work is because either the - same people are there event after event. It isn't like people come from outside and come into their situation. They have to develop a system, a rotating system, or whatever they are comfortable with, wherein tonight it's these six peoples turn to be there, tomorrow it's the next six, and then the third night, it's the next six. Now that's only... Vice Mayor Plummer: Well, of course, you know, are there - and I don't know - I am asking. Are there other hot dog vendors that these people don't represent? Is that a problem? - See, I have a problem that says that the one time that I went around the Orange Bowl, one time when Max Cruz called me, we had four hundred vendors. Some of those vendors by the way, just pulled a barbecue pit out of their backyard and went over and started selling shish kebabs., Commissioner De Yurre: Caridad wasn't doing any selling, was she? Vice Mayor Plummer: But what I am saying to you is, are you going to - address..'.? I think that importantly is the number of all vendors? If you address only the hot dogs, the hot dog vendors could get squeezed out by the other vendors: Commissioner De Yurre: No, we are just addressing hot....that's ... all they can sell, is foodstuff. If we are talking about - what is it? - some.people sell... Mr. Maxwell: That's not correct, sir. • Commissioner Alonso: The sell flowers. Commissioner De Yurre: Nicaraguan food. Commissioner Alonso: And they sell other things. Mr. de 11a Hoz: No, only hot dogs we sellBut; some people, according to this, they can sell T-shirts and caps, and ail those kinds of things. f Mr. Maxwell: Commissioner. Mr, de la Hoz: Commissioner De Yurre. Vice Mayor Plummer: I think you got to address the whole issue, i really do,uks Mr, Maxwell: As a result of the last... of recommendations from nth xi# Commission during the last public hearing, certain changes, which are ' outlined in the packet, were made in the ordinance now before you,ru t, -Commissioner Aloilso had suggested at that meeting that'the prohibition on just food and fresh cut flowers be amended, and that certain non-food items be,' Mrpermitted to sell. , : de 1a Hoz-::Correct, y 1 , lie 11, And. the ordinance -now in ; front . of you does A a11Ow th .,. ]lows:: for par4pherna)ia related to• the event ,being. Held , nsidp� end that e►oolci a T_�-s#lirts� hats,z.balloons, things.liko;thAt `{. �` Commissioner be Yurre: but I think that we you know... and I've got no - problem with people selling flowers on US -I and here and there, and throughout > the community, you _know that's part of what Miami is all about. But I think that we are addressing a number of situations here. First of all, the livelihood of these people, that's number one, and we have talked about that already. Number two, is the service that they are providing. When you are coming to a Miami Heat game at 700 you probably haven't eaten yet, so you get _ off the train or whatever, you get a hot dog and that takes care of your need. I don't see people looking for flowers going into a Miami Heat game. I don't that that's a need for that area. By the same token, I don't think nobody e A comes in there shirtless, that they need a shirt to go into the arena. So they don't need to buy a T-shirt. I think that... Commissioner Alonso: But they buy it inside. Commissioner De Yurre: Then let them buy it inside. OK? So what I am looking at is, a concern of alleviating their situation, but at the same time 3 protecting those that receive.a benefit, which is the person that would normally benefit, which is the person that hasn't eaten yet. - `' Commissioner Alonso: Yes, but it wouldn't be moral on our part if we trying to find a solution for the vendors outside. And it is a fact that some of them are selling flowers. I have been there three different occasions. By ' the way, I have been 'given flowers by some of them, that's why I have a very vivid recollection of people selling flowers. We better be certain that you people understand and that the people present here today, because I don't know if they really understand what we are saying or not. Maybe some of them, what they sell, is flowers, or they sell T-shirts, or what have you, I don't know. l I saw many different things, and I have the impression that they sell more I than hot dogs. Mr. de la Hoz: Well, they.. most of it is hot dogs, and also they sell Arepas. Also they sell arepas. Commissioner Alonso: I saw the arepas, yes. Commissioner De Yurre: Now we are looking for a;medium here, OK? Commissioner De Yurre: But when we say hot dogs, we mean food. Commissioner De Yurre: Yes, food stuff. What I would suggest is, now during the summer, like the next three monthsisa pretty dead period at the arena. There may be twenty events... fifteen? - for the next three months. So what I would suggest is, maybe putting it on a trial period-, a ninety day period, come. back and -let's see what their findings are. Let's see what concerns there are that we can .improve the situation.. and if something needs to: be. done. But I_think if we go on a trial basis for fifteen events which-is_what we are looking at during a ninety day period, that we will be able to assess and then reassess -if need :be. -on -an equitable basis, so that everybody can continue, doing their thing, and they can provide the service that they are providing, and also make a living. And>again,,.the public safety is protected, which has to be our main concern. r• Mr. de la Hoz: Commissioner De Yurre, I addressed that point toallthe vendors, ,all the , eighteen of us. And even though it's going to be the $tow r season, and even though we do this like a trial basis, it's not going to be .. t good, because who are we -going to sell, Mr. De Yurre? Who are we going to ' , F sell? Y Commissioner De Yurre: Yes, you know, it beats the hell out of having nothing at a11. �{(. Mr. de la Hoz: That is correct. ,E E Commissioner De Yurre: You know I mean? It beats the hell out of nothing at -. alI.. So I would put that in the form of a motion you know, adding the the corner 'there, spacing it out twenty-five feet apart and putting them In_,.r iT such a way that they provide as much access through the center., area as po;isibie, 'and then adopting this area that , s being -proposed,, here 40' far pacing. it• You! re going to mark lt,-1 would imagines put markings there as to.where they Can stand, and you ail have to get your act together=as.to., +if M . L },y3 -.3, ,3_� MINI 0roviding who it going to be there in those six spices and rotate it 'or whatevew. Mrs Maxwell. Commissioners commissioner be Yurre: Yes. You know, and just foodstuff. Mr. Maxwell: When I spoke of the fifty foot area, Just to make sure that we s ahe both talking about the same area. If you look at the map, the §raphit on the wall up there, you see SWK with the arrows running from it? Commissioner De Yurre: Yes. e Mr. Maxwell Jhat area right there between... if you would go to the.6 between the train track and moving toward the "S"... Commissioner De Yurre: Yes. 'p. Mr. Maxwell: .:. that's the fifty foot area I was speaking about. Just'so that we all understand. Commissioner De Yurre: OK. That's fine. Space them out. Put three and i. three 'on each side. Mr. Maxwell: That's the area we are talking about.. { Vice 'Mayor 'Plummer: Well let me ask this; question. I guess... because I ' 'maybe don't understand. Are you going to exclude? - no, let me come at it in a different way. Are you going to have six vendors in total? z Comnissioner'De Yurre: In that spot up there? ;, .. Vice 'May or Plummer: In total? F Commissioner De Yurre: No, in that... yes, but at that spot there, and then the rest swing; down... Vice Mayor Plummer: What I am saying is, all kinds of'vendors 'or just six of ' `the h-ot dogs? Y M Commissioner De Yurre: Foodstuff. µ° s Vice Mayor Plummeri Food. The rest would be;exc1uded from that area? Commissioner De Yurre: From that area and from every other area. I don't seer `anybody here, that sells T-shirts that cares enough to be here on this issue. And..,t is` not the first time that it comes before us. I mean like, we'.ve dealt wi th this`. Commissioner AlonsocDo they understand what we'are talking about? w 2 t Y �corrmissioner'DeYurre: ALGUIEN AQUI VENDE PULOVERES? ALGUIEN AQUI...? 4 Vice.A or.Plummer.: 'Doctor, that!s`not the way i understand it. Comnlssione.r. A1onso: FLORES? 1a Hoz: Dr. De Yurre... 'Mr. ..de ^BACKGROUND`COMMENTS yyi Uf ��'4 INAUDIBLE NOT ENTERED INTO THE PUBLIC RECORD,. y 'Mayor Suarez`: Wait, wait, wait. This is a bit too much. Why .. Lf4L iu. don It -you oY 1�p to the mike, sir? - and the.Comnissioners may want to ask you quastions,. 4y�F ` ili Mayor Pi ummer: To me, i t, goes : in, ha across hatchod area. z r'2 _ _rndp ,rbi'ctli NOMBRESANDi3 ;ARBARAi+I. ' M QDIQN 'S�4.... k. _ C�Vzs a a ENiONCES EI.LOS ESTAN NABLANDO DEL PUNTO DE USTEDES, PERO LO QUE QUE'REMOS ES `. QUE CUANOO SALGAMOS DE AQUI TENGAMOS UN ACUERDO QUE TODO EL- MUNDO PUEDA MAS O MENDS ENTENDER, Y, COMO HA SUGERIDO EL COMISIONADO, Y YO ESTOY COMPLETAMENTE DE ACUERDO, HACERLO POR UN PERIODO DE TIEMPO DE TRES MESES, OIJO EL _ COMISIONADOi CREO, Y DESPUES, SI EUNCIONA, LO HACEMOS PERMANENTE, TRANSLATION: Commissioner Victor De Yurre's suggestion is, adding° six :- locations approximately around the corner here, three on one side and three on the other - all dealing with food, eliminating the selling of T-shirts,: banners, flowers, and any other non food item. You should all be in agreement that if you will accept this solution on a trial basis, that the Commissioner has suggested three months, that we will see if this arrangement is convenient. Mr.-Barbaran: DISCULPE, SERIA UNA PROPOSICION QUE ARRUINARIA NUESTRO NEGOC106 DEPINITIVAMENTE USTEDES QUIEREN LLEGAR A LA MEJOR IDEA, PERO CREO QUE NO ES LO MAS CORREC70 COLOCAR SEIS PUESTOS. PODIAMOS HABLAR?... ES MUY POCO. SOMOS APROXIMADAMENTE... Commissioner Alonso: BUENO, USTEDES SON LOS QUE ESTABAN DE ACUERDO... Mr. Barbaran: NO ESTAMOS DE ACUERDO. SE LO COMUNICAMOS, NO ESTAMOS DE ACUERDO. Dr. Prieto: What he has said... Commissioner Alonso: TIENEN QUE EXPLICARSELO AL COMISIONADO. Mr. Barbarian: SOMOS 37 VENDEDORES AMBULANTES. Commissioner Alonso: Thirty-seven? Oh, seventeen. Vice Mayor Plummer: Wait, wait, .wait, please. MOMENTICO. COMISIONADA ALONSO, POR FAVOR. Commissioner Alonso: Can you tell me how many do we have? I thought we had eighteen, seventeen. Commissioner De Yurre: Eighteen was my understanding. Commissioner Alonso: Is that so? Dr. Prieto: We have twenty-four places here for them. Plus the six... Commissioner Alonso: You have twenty-four places? Dr. Prieto: Plus six new ones, thirty. Commissioner Alonso: But in fact, how many people do we have? An average of what?-- between twenty-four? Or do we get more people? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. r Commissioner Alonso: So obviously... ; Vice Mayor Plummer; No, no, no, sir, please. Commissioner Alonso has the floor. I would ask the courtesy to allow her to continue. You will.have your �d time. Commissioner Alonso: So if we are talking about thirty, when we reduce this '` to six, obviously, we are creating a problem that I don't know what is the T solution. r Vice Mayor Plummer:- No, the rest of them would go down the avenue. Dr. Prieto: It's six in addition to the twenty-four. Commissioner Alonso: Yes, but are you going to tell me that once they realize that 'the business is not the same right there 4here the six are, that down heere`where you don't see one customer, it's the same? = Lt. L.onguel rai That's why they rotate it. y a kv 4M� ;3 1"A , Hi P.�Ji'7ftiF1' r7,2r 1�7 F tSiC�t�r1i - A, Y f _ rilssioner Alonso. May i ask auestion from the Polioe bepartment. C Lt. Lthouei ra: Yes. t , Commissioner Alonso I've been there three times really searohing':for:A" 1 k�- �. answer. I came from Metrorail down to the Miami Arena, I want into ,the Milmi 4 Arena, and I went out again to the Metrorai 1. I came another time 1rtm my car, walked to them, tried to walk that they didn't recognize me, walked through the process... Commissioner be Yurre: They didn't recognize you. Commissioner Alonso: Yes, they did. Commissioner be Yurre: Or, OK. Commissioner Alonso: I went back to the Metrorail, and I have done that three t< different occasions. He knows, I've been there several times. To tell you the truth, I`'had no problems with it. From the standpoint of coming from the public, I_stood at the sidewalk and watched the people coming out of Metrorail and into the arena. No one was having a hard time. Of course, this coincides with the last meeting that we had here. It seemed to me that they were organized at that ;time. They were orderly placed. They were trying to be very polite to everyone, and they were set" up in a way that it was not affecting the people at all. You could walk in the center. There was enough space: to walk. I did not see any disturbance. I did not see anyone complaining that they couldn't pass. As I say, it could be that they had worked with the rest of the vendors, and organized in a certain way that it was better than it was in existence before. But if that is the case, why couldn't we work something out.on those lines? Lt. Longueira:' Commissioner, the only thing I could say is, I go to the... a minimum of twenty,times a year there. I never worked there off -duty, I,have' never worked for the Miami Arena. OK? I go as a paying customer`. 4 Commissioner Alonso: Yes. z Lt. Longueira:. And me and my son have'had problems getting through `that area to go to'the T-shirt stand that sells T-shirts. Commissioner Alonso: Oh, you buy T-shirts there? t ` . Lt. Longueira: Yes, I do. OK?.' As, a paying customer. OK? That's what'we r Are ,concerned about.'You may have 'been lucky"on those three occasions« Commissioner Alonso: Do you have something against hot dogs? Do you; like hot ., dogs? Lt'.'Longueira: I love hot... I am from New York City, I love hot dogs. Commissioner Alonso: Then we are in good shape. y: Lt. Longueira:' OK? >; But the probl em is that situations do occur, and we have k� to ,minimize them as best we , can. OK? There has to be some thinning out of ''six the carts.', Maybeis the solution. Maybe we could try the six. From the department's point_ ,of , view at. this point, my. concern is how do I _;tell my }4 police officers when they get there,. who the six are ;that they °':arranged �fior r tonight? And when you've got two saying, no, I am supposed to be tkiererno'; 'I'm supposed to who do I talk to? Commissioner be Yurru: Well, you know the way it's going to.,work?..- they.ar marked. If there is a problem about figfiting` orrer the spot; it's going to #, come back to us and we are going to eliminate the whole thing,. ' So it either:` works this ,',or it's not going to work at all. t t ;way Lt. Longue' ra: OK.i7 Comi sai over Yurre; Sooner , or later, it & going toComC,hack to us.' if they F �h }� ,tit een't:`work it out the way they should. ,And there is, reely not 044h16 that we pan: oo. = We ,ire" tying to, work.with ,then, �r r t1t�� CA oMi ssi onar Alonso- Yes, but let Me go back o ` My going them and Seeing the situation, which way would you arranged Bo You do it different ways at ; different days? It depends on the event that you have? Mr. de la Hoz. Commissioner Alonso, the way you saw it is the way we alwaya S_ do it. Now the 'reason is that they gust don't want us there. Now,they are snaking us compromise of moving out of there, and our position is that we don't want to move out of there. The way you saw us - you can go anytime, that's the way we always are. And that's what we really want. But if we have`to compromise, we have to compromise. But you know, we don't want to move further from there. You went through, you came out, there is no problem in there. But they are making it to seem a problem. But that's the way... that's what we really want, not to move us from there. We make two lines. We are like nine hot dogs in one side, nine hot dogs in the other side and the people go through. That's what we always do. Commissioner Alonso How many you have, nine? Mr. de la Hoz No, no. Commissioner Alonso: Nine and nine? Mr "de I Hoz: And nine, yes. Commissioner, there are going to be a lot of problems. And if you're going to put six, Mr a lot of problems. There are going to be Vice Mayor Plummer: There is going to be.a hell of a fight. Mr. de la Hoz: Absolutely. Because then, you know, it's six.. Ms. Zoraida de la Hoz: NO SOLAMENTE AHI NOS ATACAN POR TODAS PARTES ATACAN'A LOS VENDEDORES DE HOT DOGS. NO LE HACEMOS DANO A NADIE. Mayor Suarez: ESPERECE UN MOMENTICO. ESPERECE UN MOMENTICO QUE TENEMOS: QUE TRADUCIR. Mr. de 1a Hoz: She is. saying that all the hot dog vendors, we are working people. We go to the Orange Bowl, they attack us. We go everywhere... you know, you should be in our skin the way they attack us. We are... all we want to do, is work. And we have to fight in this City Commission for... just to sell our hot dogs.' I mean, we have been working 'there for three°years,`and now these people want to pass this law, it's absolutely ridiculous. We want to say there. We want to continue working there. We want to continue offering' our services there'. We don't really want to move there.. We don't really want that. And that's what we want,- to see all the'Vendors. Commissioner Alonso: There is something'I don't understand. A little while ago, I thought that you were in agreement with Commissioner De Yurre. What happened? Mr. de la Hoz: It's not that... because I am listening to what he is saying, and he wa's- just proposing this right' now. But I can't always speak io' al l of.: ' them. I was just listening to his proposal: Commissioner Alonso: Oh, I see. Mr., de la Hoz: And if there is away that they are going to say, OK, then. ' you've got to go, then we have to compromise. But what we really want and we ; see no problem, is the way we are now. You see, if we have to,.. because'we s will `abide 'by the laws. ; i Commissioner De Yurre: Yes, but you see, you don't see the problems, but I've gotten letters. Mayor Suarez; That apparently is not going to be viable, so you better think' to the possibility of a compromise as proposed by the Commissioner. Commissioner pe Yurre; We have correspondence at people that dot hurt R ` i�©:* what ever reason'. Maybe it wasn't your fault, you're doing your job'* But _ because the area's constraint, there isn't as much room, they have tQ bump � into each other, somebody got cut up and had to take likes, I don't know hew s, many stitches on their leg, they had to rush him to the hospital. You know, r{ $ 3rcita,Sh"t� 1,. �U�z we have to Avoid,,, First of all, we have to compromise. Ideally, you are not supposed to be there. Ideally, you're not. But because of the need that you have as citizens of this community to Mike a living, and we have to guard that Fight for you to make a living, we are trying to compromise. And we are going to do it for ninety days during this summer, which is the low period of the arena, and that gives us a time to reassess the situation. We come back I in ninety days, and look to see where we are at. If there is changes that need to be made, or maybe we can add another couple to that area, whatever* we will address it at that point in time. And you knows.that ... I'll put it in a form of a motion - see if we can move up with this item. Mayor Suarez: Is that the last statement before we vote on this? Mr. Padilla: Last statement. OK. QUIERO UN TRADUCTOR, POR FAVOR. MIRE NOSOTROS ESTAMOS AQUI PARA BUSCAR SOLUCION. ESTAMOS SEGUROS QUE EN USTEDES, LOS COMISIONADOS Y EL ALCALDEO ESTAMOS ENCONTRANDO AMIGOS. A VECES LA POLICIA SE FIJA EN PEQUENOS DETALLES DE UN VENDEDOR QUE LE PASA POR AL LADO CON UN PROBLEMA. POR QUE NO SE FIJAN EN LA GENTE QUE ESTANo CUANDO VAN AL PARQUEOO QUE LE LIMPIAN LOS CRISTALES, Y QUE TRATAN DE ASALTAR A LAS PERSONAS? YO RECUERDO EN EL CONCIERTO DE "MIAMI SOUND MACHINE" A DONDE LOS MIEMBROS DE LA BANDA, PORQUE SE QUEDARON UN POQUITO HABLANDO CON LA PRENSA, LOS ASALTARON ALLI MISMO. DONDE ESTABA LA POLICIA? ESTOS SENORES, CUANDO ACABAN DE TRABAJAR, CORRIENDOt LOS POBRES, PORQUE TODO EL MUNDO SALE CORRIENDO, EN VEZ DE IR EN AUTOMOBIL, VAN EN EL METRORAIL. ENTONCES, EL POCO DINERO QUE ELLOS HACEN ALLI, PORQUE LOS DIAS QUE LLUEVE, LA GENTE QUE PAGARON EL ESPECTACULO ENTRAN PORQUE TIENEN PAGO EL ESPECTACULO, PERO ELLOS NO HACEN NI UN CENTAVO. ENTONCES, POR FAVOR, NOSOTROS VENIMOS AQUI COMO A NUESTROS HERMANOS QUE VAN A AYUDARNOS. DENSE CUENTA QUE SON HISPANOS EL CIEN PORCIENTO, NICARAGUENCES9 COLOMBIANOS Y CUBANOS. I I I TRANSLATION: We are here to look for a solution. You were finding friends in the Mayor, and the Commissioners. Instead of looking at these minor problems, Why don't you look at the people who go to the parking lots and clean windshields and... That in a concert, two members of the band were assaulted. What were the...? A lot of people, when they leave the event, they go to Metrorail instead of automobiles. On days when it rains, they have tickets, they rush in and these people don't make one dollar. Those that are coming here are Hispanics one hundred percent Colombians, Nicaraguans, Cubans. Mr. Padilla: MIRE LA EDAD QUE TIENE, MIRE.... Comissioner De Yurre: We have to represent everybody here. If they are black, green, blue or yellow, it's the same thing for everyone. Mr. Padilla: NO, PERO DA LA CASUALIDAD QUE NOSOTROS, USTEDES, ELLOS PAGAN LA LICENCIA. NADIE QUIERE ESTAR ALLI. ESTAN LOS HISPANOS NADA MAS. LOS NEGROS NO QUIEREN TRABAJAR PORQUE NO QUIEREN. USTEDES LES DAN LICENCIA. ESO ES UN PROBLEMA DE ELLOS. NOSOTROS LOS ACEPTAMOS. PERO NOSOTROS... Commissioner Alonso: I have seen black vendors there, and they go every time. And they work very hard there too. Mr. Padilla: NO, PERO NOSOTROS... OK... ENTONCES LA SOLUCION, LA EXPERIENCIA QUE YO TENGO... LA SOLUCION SERIA A LOS VEINTE VENDEDORES QUE HAY, IGUAL QUE HEMOS HECHO EN LOS HIGH SCHOOLS, PORQUE DESPUES QUE LA LEY SE... Commissioner Dawkins: Hold it right there. Now, translate what he said, because.I am getting interested. Dr. Prieto: Yes. He said that all of us that are there are Hispanics, and We don't see any black vendors in this area. Mr. de la Hoz: There are black vendors there. Commissioner Dawkins*. OK. All right. Now see, he just... Reserve four spots for black vendors. OK? - because of him, because ofhim Commissioner Alonso: As a matter of fact, there is 4 black lady who has been very active, and I don't see her here today. Is she in agreement with, this? She works there every time, 14r, de is Hoz: Yes, she is there ma'am. Vice Mayor Plummer: That,$ not who he represents. Commissioner De Yurre' well, no, he... Commissioner Dawkins: He does not have to incorporate it. I represent the five. Commissioner De Yurre: They'll work it in. Don't worry about that. Vice Mayor Plummer: Don't worry about that. commissioner De Yurre OK, we got a motion. Commissioner`Dawkins: OK I will draw up the list for the five, the motion, If you all want me down there everyday, I don't and I, will pick the five* have no problem with it. Vice Mayor Plummer: But are you going' to pick them from the five of where the six spots are? Commissioner Dawkins: No, i don't want but one of the six spots. I'll take my other four any place else. Commissioner De Yurre You're not going to be doing any selling there yourself, eight? Commissioner Dawkins: No, that's a conflict of interest. OK have Commissioner De Yurre: Oh, OK, I `just wanted to make sure. ,a motion? `Mr.`Ma;XWelI Mr. Vice mayor*** Vice Mayor Plummer: 'Yes, sir. - xT4 Mr. Maxwell: Point of clarification. '"Mayo'r,PLummer: Sir, City Attorney it recognized* .Vice k Mr. Brando Qarbaran: Sorry. Permit,'please? I want to make sure that I understand what the motion is. Me. Maxwell: } Mr.''Urbaran: Permit, please. ; Mr. Mxwe11; `. One, does ttie motion i nci ude � striking ' parapherna.1 is from Fthe intent of the;°,P { Is ordinance and allowing only the sale of `food? that the movant and second? Yice Mayor Plummer. To the maker of the' motion. r r { Mr. Barbaran• Permit, please.,. Vice Mayor Plummer: ...Commissioner De Yurre. sf d Commissioner Dawkins: Maker of the motion. x ; 4 Vice Plumper; The question of the City Attorney, does those aix spots .Mayor represent food only? Mr Maxwell; No, the whole district, the whole district., ,t k epraent oni, i# Yurre; The 'whole districtfood _ Cnrmii.on�r Vie. The wools district i� food=only i'i toe yor P1umm rs" •��ik S c2` f� b wi 4 4 r i f Fry - Maws It, iU . Vice Mayor PluM#r: Does that answer your question? Mr. Maxwell: Yes, sir. One other point. i Mr. Barbaran: Per"rrtii t, pl'ease.... Mr. Maxwell: One other point in the record... Vice Mayor Plummer: MOMENTICO. Mr. Maxwells The record needs to be clear before you vote. I was just handed a fax. t: Vice Mayor Plummer: This will be the death of us.w j Mr. Barbaran: SI ME PERMITS. GRACIAS. Vice Mayor Plummer: MOMENTICO, sir. Mr. Maxwell: It's from the Florida East Coast Railroad. And they are saying their right-of-way is 50 feet there. Our City records indicate 30 feet, as L indicated on the recordearlier. They are saying that it's fifty feet. That would significantly reduce the area there. Commi ssi oner De Yurre: Not enough to that, we're still going to have six there. OK? Mr.<Maxwell: " I understand that, but I wanted the record to be clear that we would be working with a much reduced area. Commissioner De Yurre: OK, fine, fine. s{ Vice Mayor Plummer: All right, we'll hear from one more and then we'll close r the public hearing. Sir, you're on. r Mr. Barbaran: GRACIAS. ANTE EL PROBLEMA SURGIDO` DIMOS-UNA SOLUCION: s j Vice:Mayor Plummer: Doctor. t Dr.. Luis Prieto: A1.1 -right. ! Mr.=Barbaran: ANTE EL PROBLEMA SURGIDO, QUE SURGIO CUANDO SABIAMOS QUE- , IBAN A, j ORGANIZAR ESTO, NOSOTROS DIMOS UNA 'SOLUCION. HEMOSESTADO`<TRATANDO DE 4 1 { HACERLES=LLEGAR NUESTRA SOLUCION 'Y HASTA EL MOMENTO,'LA COMISION TAMPOCO NOS#' HA ESCUCHADO.' ESTO ES MUY' SIMPLE. QUEREMOS' SOLUCIONES, PERO-_SOLUCIONES 5 {T CONCRETAS""SIN QUE PERJUDIQUEN LA ECONOMIA DE TODA LAFAMILIA,' INCLUSIVEWOE 1 AQUELLAS QUE ESTAN DETRAS NUESTRA, QUE NO HAN`PODIDO VENIR`-POR RAZONES"OBVIAS:''; CREEMOS QUE:ES UNA`CAUSA JUSTA, SI TUVIERA LA AMABILIDAD EL COMISIONADO,'CON: QUE LA ANTERIOR REUNION NOS ATENDIO, DE SIQUIERA PEDIRNOS NUESTRO PLANO, }° NUESTRA'ORGANIZACION ES TAN SIMPLE. EN BASE A ESTO,,PUES, SI,USTEDES DESEAN, !, LES PODEMOS DAR LA SOLUCION AL PROBLEMA, PERO NECESITAMOS ESTE DIALOGO';PARA PODER SABER TODAS'ESTAS COSAS. LOS ESCUCHAMOS Y>NO'ESTAMOS DE ACUERDO CON LOu� QUE ESTAN HABLANDO. ENTONCES, POR FAVOR, ESCUCHENOS. QUEREMOS HACERLOS, LLEGAR A' LA SOLUCION. NO PODEMOS PERJUDICARNOS TAMPOCO. QUEREMOS ORGANI AR LA CIUDAD MUY�AMABLE. £ TRANSLATION: When the problem came up, we have proposed.a solution. We have,..�u tried to`have the solution reach you 'and-unti1'this `moment,the`Comm 45i0h has not heard us.' This is a 'simple =solution_ that will not-harm:the "economy these simple folks. Yes, -if ,the'�ommissioner who attendedG us `in- the previous �`�� time will see our plan we would greatly appreciate its : We want yw to,l Teter; to our solution. We'don't want you to harm us. Thank°you. Vice Mayer Plummets Thank you. I'll now close the public hearing, The=CltyAi Attorney :has asked tobe recognized to put a fact on the ° record. lrlr, City; Attorney: r Mr. Maxwell; I'm sorry. Thank you, Mr. Vice Mayor. The lire chief and th+ { ire Oepartmnt hes asked that one chang :erbe:de', A one ,.senpc+�:oa pii;� tnadd in the Mist portion of the propo d ordirlan .that pprtai�lS��tQ ppanf ; t � ae �' Yost gay re+celi,. -at the #ast hearing = n this" you tdoptod an, o ii g - rtr F� 68y�h� ' x r which would prohibit open flame cooking. attention that in addition to open flame The Fire cooking, Department brought to our there is other open flame use .that constitutes the hazard to pedestrians in the right-of-ways, so they would.like that addressed and the ordinance does that. However, the one thing` that they would like added would be a sentence that would read as follows$ I'll paraphrase for you. In addition to actions by the City Commission, they would also like the opportunity to personally - that is, the Fire Department and the Fire Marshal would be allowed to permit certain open flame use after their inspection which pertain to public assemblies as permitted by the Fire Department. And that would amend the provision before you, and the provision that was adopted at the last meeting. Vice Mayor Plummer: Wait, wait, wait. The maker of the motion, do you accept those amendments made by the Fire Chief? Commissioner De Yurre: Give them to me again. Give me an example of what we're talking about. Mr. Maxwell: All right. The last time you prohibited open flame cooking. That, of course, is the hibachi type stuff and you recognized there was a problem. But there are certain situations when artists use acetylene torches and other fire devices that the Fire Department would also consider a threat. They would like those items prohibited except during one public events that the City Commission authorizes by resolution and in the resolution you could authorize that. And also there are smaller type assemblages that don't come to the City Commission for approval, and you certainly don't want to have to have that parade before you every single time. So the Fire Department` would issue a permit for that. - Commissioner De Yurre: OK. Vice Mayor Plummer: Commissioner De Yurre, do you accept that? Commissioner De Yurre: I accept it. Vice Mayor'Plummer: OK. Commissioner Alonso. Commissioner Alonso: I have questions. Could you be more 'specific in reference to food, what other devices, what are they using that it's dangerous beside the open flame? Chief. C. H. Dukes C.H. Duke, Fire Chief, City of Miami. The ordinance that has been proffered would put you in a position of every time that anyone had a street festival where an `open flame would be brought forward, this Commission' would be charged or would be besieged by a -lot of people coming`'forward saying, I need special permission say to blow, glass in the, you know, in Coconut Grove. Or any ,of the other multiple things, that would come small gathering in a park. You know, one of our parks where that they, were going to have the barbecue and they wouldn't have to come before You 'for a special permit. Commissioner Alonso: After the experience in 8th Street, I wouldn't say It is not a bad idea to come. Chief Duke: Well, we've got... You will be dealing with... Vice Mayor Plummer:` God help us. Chief Duke: I'm sure you'll be having to deal with the issues of say, Calla Ocho and'Goombay,' and all those when they come forward for a permit with all of the open flames that, you know, that will be asked of you at those particular issues. All we're talking about is the minor 'oneS` that woui'dn'jt' come before you. This is very_ similar to what 'happened` with the fireworks ordifnance that was passed some years 'ago, where at' the last minute. maybe• movie producer would come in and want to do something on the streete 'and ji be timely to come before the Commission. All we're saying is, give the"dire Marshal the opportunity, when he gives the permit, to deal with that i,aepi� f rather than bringing it back before you. Commlaipner Alonso; That's fine. In`referencp to food you cannot thimlk`o' any Qther thing th►t they are doing at this particular' time. ° 8acauai` way aka p QR1e`,co+�king all over Miami in the streets. Ay s i Chidf Dukes Yes, ma'am. And that will be an issue that... Commissioner Alonso Just to have an idea, because the other day i saw something happening in the streets and I thought i t was up in flames, so I stopped my car and got out and explained that it was not allowed. And, in fact, it was not. But the fire was very high. Dangerous to my belief. I don't know what they were using, but it was very dangerous to me. Chief Duke: I'm sure that this ordinance will generate many concerns until it's completely understood by the public. Many of the charcoal pits that are out there on the streets now that, you know, that are mom and pop operations will be brought to the attention of the police. And those wi11 have to be dealt with as, you know, as they come forward and as we cross them. Commissioner Alonso: OK. Vice Mayor Plummer: Commissioner Dawkins. Commissioner Dawkins: This is a 90-day trial. Vice Mayor Plummer: To the maker of the motion, it's my understanding it's a 90-day trial basis. Commissioner Dawkins: That's a 90-day... Victor, 90 day... Commissioner De Yurre: Fifteen events is what we're talking about during the summer. Commissioner Dawkins: OK. Now, what, after the trial, what's to be the total number of spaces that's going to be available for them to operate from? Commissioner De Yurre: Right now we're looking at thirty as the 90 proposals. Commissioner Dawkins: No, after the trial, after the ... Well, all right, are we going -'to still have thirty? Commissioner De Yurre: You know, we wi11'amend it if we need to, you know, any adjustment that needs to be made, we'll make it at the 90-day period. Commissioner Dawkins: OK. As you said, we represent everybody, and 'I "have seen two black vendors out there. And everybody does have a substantial -.j investment, so.I'm going to remove my demand for five spaces because I do ,know that two vendors do go out there. But I'm going to ask, Mr. Vice Mayor, `that - at the end of 90-days, the administration prepare for me an RFP which < says there are 30 spots available and these spots wi1.1 go to the one... wi11,be bidded, and the individual who pay the most to the City of Miami gets spot one, the next 'highest one who 'wants to pay to the City gets spot, two. The next individual who is the high bid gets spot three, and the spots will "; be awarded on the amount of money that you will return to the City, of Miami for y e if that Is" legal. yourspot. I'd like to... and for the CityAttorney to tell m Mr. Maxwell: Yes, sir, you can require competitive bidding for bidding spots. That Is 'something that the City could do. In fact, it's done: in other'> municipalities. It's done in Dade County for vending slots along the causeway Yti over to Key Biscayne. But the procedure... I would suggest a different, procedure. x; j Commissioner. Dawkins: All right, go right ahead, sir. Mr. Maxwell; If you do it that way, at the end of the 90-day period, a couple of things will happen. One, first I would suggest that the ordinance stag in effect and it come back to you for review in 90 days. So the ordinance will remain in effect rather than making it for a 9r.-day trial period. It's the r' same thing, it's a matter of semantics, but has a different effect. Secondly,` at,the end of the 90-day period, vendors would still be legal there in the spot. In order for you to implement the compet9tive'bidding procedures that You'd like to implement, you would have to banish them all together and only allow the,.venddrs: that satisfy competitive bidding in response tO,4n,,RFe._,: gyp, at —some point,_to do what you're suggesting, COMMissionee.��Dawkinsyou �tod�� have to 'ban vending totally in that area except for those endors`than' successfully submit bids. , 70 lay, , AS st s7r ^'"t P5- 1 t y t �,.♦ 41 3��+9 Y I+F. iL, f I d like to try that, because as J L said, it's all Dawkins reel i , ' ' going 'to be a push and a shove and we're going to have chaos with everybody ; because once this thirty is grandfathered in, we're going to have another x twenty trying to get in. And the only way I see to do it is to hive } competitive bidding, and that's just a thought. Vice Mayor Plummer: Any further discussion from members of the Commission?''. Commissioner De Yurre: So it's not a 90-day trial. We're just adopting it with a 90-day review. Mr. Maxwell: Correct, sir. Commissioner De Yurre: OK. Vice Mayor Plummer: All right, motion understood? Call the roll. Mr. Maxwell: This is on first reading. It would have to come back. Vice Mayor Plummer: My understanding so that it becomes effective, we would do it on an emergency basis becoming effective immediately. = Mr. Maxwell: OK. Commissioner Alonso: You'd better wait for the Mayor. Vice Mayor Plummer: Oh, you're going to vote against it? Commissioner De Yurre: Yes, and that... Vice Mayor Plummer: All right, well hold on. Commissioner Alonso: I think you'd better wait for the Mayor then because... Vice Mayor Plummer:- On an emergency basis, she has indicatedthat..:` " Commissioner Alonso: If you're going to go on an emergency basis, you'd better'have then the Mayor, because I'm not going to vote for it. Commissioner De Yurre: Is the advantage'of going emergency; you,have that 3,0 day period which enters into the Heat,,so you get more, events. ` Commissioner Dawkins: May I taker the liberty of asking my colleague why she's n {{ .against it?' Commissioner Alonso: Because I think it's very confusing. I don't think they really understand what's happening. It's going=to be deceptive to ahem. i don't think they really comprehend what's happening. It's going`to be chaos 'that what's going to be created. I think , it's also we're setting a precedent we're favoring six and why are we giving the privilege to six individuals when we are setting the rest very far from the place where they can actually have their business. And I think it's going to be 'so confusing -without saying who; is going to go where, and if you area little bit more pushy than the others,} you're going toget,away with it. And I think that is very dangerous. ft. (APPLAUSE) fi Mrde la'Hoz It's going to' be chaos. Vice Mayor Plummer: Commissioner Dawkins. Excuse me, sir. I've. closed public hearing t CommissionerDawkins: Could you vote for... °` f Vice Mayor Plummer: Commissioner Dawkins., f Commi ssionor, Dawkins: Could you vote for a motion that would 'eliminate thy` j' mix and just have 2e and put'the all 24 right inhere? fi Commissionar Alonaos I think that it should be in a way..th�t.., This is gging: to take them out of business, it's my belief, Commissioner Dawkins. I tfiiAiC:: Wj"� -. ; c .• 71 {� iiis,, 6 ge .. - rYl C_ IF�U;T" ow a o s x it's so far 6 4PPLAUSE)...that I really think.., and I think that Commissioner De Yurre had the good intention to trying to find a solution, but when we have to limit the number and we know that we have 30 people and we dust arr th t t f i a d i d 't h th i d don , n we on ave a space we are k n o in between. As I saw itl the day that I went there, in all honesty, I think they were organized and in that scenario I think we can find some other solution _ that it's going to be more acceptable. Some control from the point of view of the City of Miami. Protecting the public not to get hurt, protecting the event because we also have to provide an atmosphere in the area of the Miami Arena conducive to good business and so on. And I agree in all of these ends, but I think that we have allowed this to be for three years. Therefore, we have given them some sort of guarantee that they were going to be there. Had we taken this position three years ago, I could have understood. But three years later telling them, I'm going to benefit six and not the rest, honestly it puts me in a very difficult position to vote in support of this. Commissioner Dawkins: OK, OK, then... Commissioner De Yurre: But Miriam, they all benefit because they're going to rotate. They're going to be rotating. It's not the same six all the time though. Commissioner Dawkins: OK, no, no, I'm... Well, I'm going to state my position. I will not vote for any where the six is. I agree that it's unfair to everybody and I don't know how to select the six - so either put everybody where the six is, or take the six out and put them where everybody else is. Vice Mayor Plummer: Say that again please. Commissioner Dawkins: I -agree. See, I was just trying to, you know, find a solution. Vice Mayor Plummer: Right. Commissioner Dawkins: But I don't, for the life of me, understand who the favorite six would be. Vice Mayor Plummer: Well, that's... Commissioner Dawkins: How you're going to choose the favorite six. Vice Mayor Plummer: That's the point I tried to make before. Commissioner Dawkins: So, therefore, either put the six where the rest of them are, -or put the rest of them where the six is. Commissioner De Yurre: OK, then you want to go with just the 24 for a 90-day period, and come back and see where we're at? Vice Mayor Plummer: You mean down below? Commissioner De Yurre: Yes, forget the six that I tried to put in there, you know. Yes just we'll go back with your proposal for a 90-day period. r Commissioner Atonso: I know that we're trying to find a solution here. But it is my belief that you had a public hearing here the other 'day. w Commissioner De Yurre: Oh, they've had many hearings. Bill, if you�want to Y explain the process... I Commissioner Atonso: I don't think that they really understood. There was a problem with.the translation. One of my assistants came on board, the people had lost their voice. It happened to be that also my assistant that came to help, she also had problems with her voice. Anyway, there were not that many people, but I think... Mr. William Perry: But there was a translator here after the young lady from your office left. I think that we roan the risk... Commissioner Atonso; I know, but... problems with the voice. 92 23, jss ' t p F r Mr, Perry: i think that we're running the risk if we don't come in with Some foam of regulation, then the next time what you're going to have is individuals corning down asking for flea market permits. OK, I think it's going to get out -of -hand if we don't enforce some kind of regulation in that area, and specifically aimed around public safety. Vice Mayor Plummer: Bill... Commissioner Alonso., No, definitely. Definite, Bill, you're getting the message this Commission wants some sort of regulations and we are all aware. They want some sort of regulations, but I believe that in order for them°t0 really understand, it might be wise to go to the place of business rather than ' to meet here at City Hall. If we were to go to the place and tell them this is, we might be able to find some sort of compromise with them. That's my feeling. Maybe I'm all wrong. Mr. Perry: Right, well I would say at the public hearing that that... Commissioner Alonso: But, I have the feeling that maybe that wilt be the solution to the problem. Mr. Perry: I would say at the public hearing that they did understand what is proposed here. And that's why they're here now. Vice Mayor Plummer: All right... Commissioner Alonso: Bill, you saw a minute ago, he thought he understood one minute and the next minute he really wasn't too sure what Commissioner De Yurre was saying. So, to me, that seems to be a serious problem. And not that we have to cater to the need of every person to say all of them have to be hundred percent happy with it. Some sort of compromise. Commissioner De Yurre: Well, why don't we do this then? Why don't we pass it without an emergency situation on first reading. It gives us thirty days to make any adjustments before the second reading, and we go from there? What elsel can 'we do? I mean, Pike we're trying to bend over backwards to help them, and I think this way we can get something. Vice Mayor Plummer: Victor, if I may. OK? I have - and I'm not speaking to either.,location but in general let's assume that this plan which" has been proposed by Public Works, OK? Who's going to get the top spot up there in number one? Who's going to get the second spot? And who's going to get the third spot? But more importantly, who is going to designate that?I see an absolute°war, OK?. Whether there's six up at the top or`24 dowvat the bottom,' if you don't have Public Works or the Police Department... like Commissioner Dawkins said, first come, first serve, you have a spot on the sidewalk. You've got to have some regulations as to who's going to be there. Other than that, you're going to have a war on your hands. Mr. Maxwell: Mr. Vice Mayor. Vice Mayor Plummer: Yes, sir. Mr.`Barbaran: ESA DECISION ES CONTRA NUESTRA ESTADIA Mr- Maxwell:: I would suggest to you -that you run... that attempting to designate, if you're suggesting that the City or City officials designate t individuals who -would have specific locations,, that, to me, places,, you in a' x e position where you may run afoul on the prohibition against giving anyone an interest- in real propertywithout g p ding ^, process, going through the competitive bid Vice Mayor Plummer: Well, excuse me. Mr. Maxwell: The only exception being, of course, bids. Vice Mayor Plummer: Mr. City Attorney, I don't. mean to take exception with you, but did.we not do that downtown with the vendors on Flagler Street? Mr. Maxwell: No, sir, Vice Mayor Plummer: What did we do there? 73 I 3 ff'5, to 4. IF y1'(axi..i a lie Mr 'Maxwe1ls All we did was designate the locations, and the vendors worked it out among themselves when faced with the possibility of banishment. They did the same thing in Coconut Grove, and they did the same thing around the Justice Building when faced with the possibility that the City would banish them altogether if they did not work it out. Vice Mayor Plummer: Well, I would consider a lottery. I have no.., some k; method, Ism not trying to say what the method is, but I think there's got to be some method, because I can see where there's going to be more. If we use the one up at the top, that there's six. God knows there's 18 of them right } now. All eighteen are going to want to be in those six spots. Commissioner De Yurre: J.L., why don't we approve it, the program, and then on second reading come up with a solution during this 30-day period as to how It's going to be designated? Vice Mayor Plummer: OK, I'll vote that on a first reading, and a second reading somebody has got to come up - and I'm not going to be the author - to designate how those spots are going to be allocated. You know, I now see, and I'm sure you all have, there's more than hot dogs out today. I see a new Vending machine out there called hot potato. That's the new one. OK? Now, they're going to want just as much right as you have to sell your hot dogs to sell their potatoes. And that's a food. So, I'm saying that if you don't have some control, some regulation, I think we are going to encourage a real messy situation. Commissioner De Yurre: And we also need to know, determine the size of... Commissioner Alonso: We should limit the size of... Commissioner De Yurre: Yes, we have to. Commissioner Alonso: Yes. Commissioner De Yurre: Well, let's vote on it. Mr. Maxwell: They are limited now. Mayor Suarez: Yes, the Commission is the only one discussing it. There's no more public input. It's been closed, and we're ready to vote. Do you,want to restate the motion so we understand? Commissioner De Yurre: The motion would be then is... Do we have an objectiors then as to the six? We just want to go with the 24? Vice Mayor Plummer: You want to try them? Try them. Commissioner De Yurre: We'll try the six. Mayor Suarez: I'd like to try them, I'd like to try them, yes. Commissioner De Yurre: OK, my motion is adopt the recommendation of the administration adding the six additional spots to the designated urea that we just delineated before for adopting this on the first reading', and° to come back and review in 90 days after implementation. 4 Mayor Suarez: With a selection system to be proposed by the administration. r Vice Mayor Plummer: Prior to the secondhearing. Commissioner De Yurre: Yes. Mayor Suarez: Prior to a second reading. Commissioner De Yurre: That's right. r' Mayor Suarez: All right, so moved. Mr, Maxwell: That's in addition to the other than regarding tips type: merchandise to be sold. .. 7 (: t and that's it. And cone up _ some kind of size limitations? Mro Maxwolli There are size limitations in the ordinance Commissioner Do Yurre: 'there are already? OK, fine already. y Mayor Suarez: So moved. Do we have a second on that motion? -or did we already have? Vice Mayor Plummer: I'll second the motion, but I want to tell you, if you don't come up with some rotation prior to second reading, I'll vote against - it. Unidentified Speaker: NO LO DEJAN A UNO HABLAR, NI NADA. Mayor Suarez: Yes, please get a rotation system that makes sense so we don't have the unpredictability on this. OK, ma'am, we did. We've heard a lot of testimony. Moved and seconded. Any discussion? If not, please read the ordinance, is it? Call the roll. Mr. Maxwell I'm sorry, subject to review in 90 days. AN ORDINANCE ENTITLED - AN ORDINANCE, WITH ATTACHMENTS, RELATING TO SIDEWALK AND STREET VENDING; AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING INTENT AND ESTABLISHING A NEW "MIAMI ARENA SPECIAL VENDING DISTRICT" FOR THE AREA AROUND THE MIAMI ARENA (MORE PARTICULARLY DESCRIBED HEREIN); PROVIDING DEFINITIONS; ADDING A NEW SECTION 39-17.4 ENTITLED "LIMITATIONS WITHIN THE MIAMI ARENA SPECIAL VENDING z DISTRICT". PROVIDING FOR `- HOURS OF OPERATION, MERCHANDISE TO BE SOLD, ESTABLISHMENT OF VENDING ZONES, AND LIMITATIONS; FURTHER, AMENDING SECTION 39- 1801-OPEN FLAME COOKING PROVISIONS AND ADDING A NEW SECTION 39-18.2 CONDITIONALLY BY VENDORS; SUBJECT TO ti 90'DAY REVIEW; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was Antroduced by Commissioner De Yurre and seconded by Commissioner Plummer and was passed -on its first reading by title by the following voter AYES: Commissioner Victor De 'Yurre t_ y Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor -Xavier 'L. Suarez a NOES:Commissioner Miriam Alonso. ABSENT:. 'None. ;. The -City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission`and. ri to -the public. ,. fi Mayor Suarez: You really ought to explain to them that the situation is note ...... I all that favorable to what they would like. There may be one or two votes here that would like to give them more freedom,;but that won! t;necessarily,y:: 0 there won':t necessarily be a majority -for that, ` . And they ought=,,to -'look° at this. The City has considered just eliminating this altogether, and.teiliop people they have to have a• fixed ;business.tstab Iishment,` water connections, paying real estate taxes, etcetera. We haven't -gone to that. But tell them:. that.that s >sortof the trend in different commercial and residential �x districts, and there too. For all the reasons that we've stated, and this is • nra: a pretty good:; compromise, Just advise them of that. That's my opinions Maybe not the correct. vice Mayor Plummer: And this does not preclude your coming up With •Om@� iaethvd ,and- suggesting to us' a method of how the spots are 9c►#rip to be,. w utilized. 5 may . yr �t t S t u5 out oil bu$ine-st. Mayor Suarez: Welt, the alternative... you might want alternative is to have no legal right to be there at all6 wouldn't be able to be there, and if we rely totally on Police, and some other departments want us to do... Mr. de la Hoz: I hope the concession of the Miami Arena are happy that you're going to sell all the hot dogs, and I hope you make all the profit in the world. Mayor Suarez: No, no, no, sir. See, that doesn't help you. Because then we've done precisely the opposite of that. We've said you're going to be able to compete. Commissioner Alonso: Yes, we should make a clorification that in fact this Commission is going to took. A second reading will take place. Some of the Commissioners are willing to look at the situation again, so work at a plan. Perhaps yours will be successful. Mr. de la Hoz: I will explain that to them. Thank you, Commissioner. Mayor Suarez: All right. Commissioner Alonso: Yes. Mr. Mayor, if I may, one comment... Commissioner Dawkins: And the thing that you have to... the thing that you need to do is come back, help us with the rotation to tell us how we're going to move people in and out of those spots. So al of us 'got to work collectively together for us to make this work. Commissioner Alonso: Of course. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, I just have one remark. We have had so many problems with the vendors and the streets and so on. And something that perhaps I suggest we do in the future is to look, it seems to me, a little bit immoral that we issue licenses to people and then we don't really allow them to work in the City of Miami. And it seems to me a contradiction. So maybe in the future we should move into the direction and say and the people who.had. the license before will maintain the license, but we will not issue any; new . licenses,`'in order to control the number of people. I don't know. But i something will have to be... the issue will have to be addressed, and looked ! !� thoroughly because somehow it morally puts us in a very difficult position. ` u Vice Mayor Plummer; You're referring to vendors? { Commissioner Alonso: Yes. ' -�r Mayor Suarez: Right. �y Mr. Barbaran: SI ME..: r 3 Mayor Suarez: No, no, no, you're being recognized. You have time. You have 3 a month to try to speak to the Commissioners before we take second reading, sir. Somebody explain that to him, please. Somebody from the staff, the City. There we go, we got good old Dr. Prieto. ( a Mr. Odio: Luis. No, no, no, no... 4 Dr. Luis Prieto: I'm sorry. 3 l toyor Suarez; No, not here. Outside. tt [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES COMERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] -1 1 ---_--------rr_------------------------------- ------------------- 13. APPROVE MODIFICATION OF WATERFRONT CHARTER AMENDMENT, AS IN SECTION 3(mm) OF CITY CHARTER, TO PERMIT CONSTRUCTION OF TWO-STORY RESTAURANT 1 ADDITION TO EXISTING BUILDING AT 109 S.W. SOUTH RIVER DRIVE. Mayor Suarez: There's a planning and zoning item that I know somebody is requesting to continue, presumably noncontroversial or to handle that's. noncontroversial, PZ-8. I don't know why that has to be handled right now, but I think it has to do with public interest involvement to someone that's not getting paid to be here, and wants... Commissioner Alonso: I so move. Mayor Suarez: OK. Do we want to hear from the administration on PZ-8, very briefly, so we can vote on it? Mr. Odio: No we recommend... Mayor Suarez:Is there anyone that wishes to be heard against.the application of PZ-8? Vice Mayor Plummer is'this `to defer?' Commissioner Alonso: They want to defer this item for approval. Mayor Suarez. No, no I made a mistake when I said that, it's to approve it., Commissions Alonso: Oh, I move for... Mayor Suarez: It's not a controversial item. It's got everybody's support. No, one seems, to`be` wanting ° to be,'heard against it except possibly Mr. Gonzalez, who I am going to ask in a second if he really has an interest in this item. The Manager recommends. Do we need to put anything else in the record as to`this, Guillermo? Mr. Guillermo Olmed111o: No, sir. y' Mr Odio: No, Guillermo. Mayor Suarez: Mr'Gonzalez-Goenaga on PZ-8, only on PZ-8. Mr. Manuel Gonzalez-Goenaga: What subject is thet? I am... = Mayor Suarez: Well then you must sit down, sir. If you don't even know What subject it is, I cannot recognize you because jou're_obviously not here to address PZ-8, Mr. Gonzalez-Goenaga;' is it number four? Mayor Suarez: No, PZ-8. Mr. Gonzalez-Goenaga: Oh, I'm sorry,77 r, 3P a.....a r z -RY ,-. $iiQiiiiYitlii Wt/iliYNllL�iiSfii.3lf..ii'..{i.fYi..i.Yii.if4YYi.i1GJlii.t�YYI LiI YtWiii Yt ii 7Y Yi.i rtigli Siiii1if.Ii+Yi iK YIYiiY1fi47Y1YtYfl.'i YtiYW iaY i.liYi®rWlilii _ 14 AUTHORIZE SPONSORSHIP OF AN ENDOWED 'TEACHING CHAR FOR MIAMI 0AOE COMMUNITY COLLEGE SOCIAL SCIENCE PROGRAM - ALLOCATE $45,00 (Law Enforcement Trust Fund)& (a) PERSONAL APPEARANCE! MANURL GONZALEZ GORNAGA CONCERNING ROBBERY OF $1600000 WITHIN POLICE DEPARTMENT. „„Y.ry.rryrr++—rr�rrrr:c.ar rrtrrrr' ra..J.ir" wrwrrrrYr`arw.r��+r.�rrac.rssw:rrr+.rrrrr+w.ra.�crr.r.y..nrr�.raarrr .: 1' Mayor Suarez: Item four. Commissioner Dawkins: Mr. Mayor, I move four with the stipulation that it be reserved for the Wolfson Campus, and that is in the City of Miami, and we would like for the human relations training to be with the City of Miami, rather than the City of Miami Police. And I think he wants to speak.... Mayor Suarez: OK, anyone wish to be heard on item four? Please approach the mike, Mr. Gonzalez. State your name and address, sir. Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez, and my address is 1714 W. Flagler. That's where I have an office. When I see the... excuse me, Mayor, how much time do I have? because. Mayor Suarez: Technically you have two minutes under the Code. We'll try to be flexible on that. Mr. Gonzalez-Goenaga No, I'm going to have only one minute. Mayor Suarez: Very good. Mr. Gonzalez: And I want to make sure that the Commissioners this time know and realize. I think I have been here many times for two minutes only, and less than'"that. And I demanded an investigation of the robberies of $150,000. = What have these Commissioners done? Because this was asked by me in March, and. I would likeyou to answer to me, because that's robbery. If I take i something, this microphone, from this City...` Vice,Mayor Plummer: Mr. Mayor, a point of personal privilege. µ Mayor Suarez: Vice Mayor Plummer. ' y Vice Mayor Plummer:I . The gentleman, respect his right, but issue before us. And that is in relation to a grant fora tto speak to the raining seminar. And I don't, hear.,your conversation - and I'm sure you're going to come up later - but speaking to the issue. The issue is the 'grant 'for thee: community college. Not about the robbery, and I know your point. But this issue is the ` grant to the community college, and anything you want to say. on, I'm willing 4 to listen. Mr. Gonzalez-Goenaga; OK, $45,0000.. Mayor Suarez:' Wait, let... Mr. Gonzalez-Goenaga: ..I'm sorry. Mayor Suarez: On the other issue, would you just make available to him the final report of that ,investigation on the $150,000? I` thi "1 1: came in roughly five years ago, whenever, and it had some interesting findings. We'11._, i make that available to you. All right?` Mr. Gonzalez-Goenaga: Well, there's more, $45,000 from the enforcement trust �f _. fund• I1 i Mayor Suarez:( Law Enforcement Trust Fund. These are funds that result franc: police seizing -contraband and money from people who are violating the 4W, typically drug dealers, and we apply it to uses like this that we think are ,r help f ul to law enforcement. a Mr.. ,Qnzalez�Openaga: Well, my , sug estion is that we deduct the $S,gS�O because that's another... how come 150,IlQLi have not been seized from t#l0 F � police -budget? # ` $ �t H - t Syr Y 79 r� . :. > .t. . .:-,r .. ,..:, r.+'dp`lJ".ao• . �tss.�. '�',Ss�R a43,`,;r�.u� -,.#ice; (THIRD BIDDING) B-3231-C (Project 404238) - EXECUTE GUNIKAU14 WilirYlii----Yn----..arYW W WiNiYYIW'ii1W WWYiI......lii W wi.l ttliYlrtiYW iY ri i.Yii fi7lii.ii9di11iYi4i S` Mayor Suarez: Item five, COBAD Construction Corporation. Accepting the bid. Vice Mayor Plummer: Move it. Commissioner Dawkins. Second. - Mayor Suarez: Moved, seconded. Any discussion?Call the roll. t The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-392 A RESOLUTION ACCEPTING THE BID OF COBAD CONSTRUCTION CORPORATION, IN AN AMOUNT NOT TO EXCEED $2,244,364.609 TOTAL BID PLUS ADDITIVE ITEM A OF THE PROPOSAL, FOR ORANGE BOWL MODERNIZATION PROJECT PHASE II (1991) (THIRD BIDDING) B-3231-C; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 404238, IN THE AMOUNT OF $2,244,364.60 TO COVER THE CONTRACT COST AND $184,469.54 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL OF $2,428,834.14; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here -follows body of resolution, omitted here and on file in the Office of the City "Clerk'.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by,the °following vote:-' - AYES:_ Commissioner J. L., Plummer, Jr. Commissioner Miriam Alonso f - Vice Mayor Miller J. Dawkins' Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. F4 5 s p1 i IMEL , ... > t #$ R z Rqu 06id"anti fiad Speaker: That's all. Thank you very much Vice Mayor Plummer: Thank you, Mr. Mayor. � Mayor.Suarez: You see him also at 17th and Coral Way at the gas station every so often. Vice Mayor Plummer: Too often. --------------i--------- -----_ ----al—r----Ir_----- ----- iili----filWYwlYMa� 1i. PERSONAL APPEARANCE: STEPHEN ALICINO CONCERNING PLANS TO CONSTRUCT A RETAIL ESTABLISHMENT IN SOUTH OVERTOWN / PARK WEST DISTRICT (MIAMI ARENA AREA) - REQUEST COMMISSION TO INTERCEDE WITH DEPARTMENT OF OFF-STREET` PARKING FOR EXPANSION OF OPTION HE HOLDS ON NORTHERN HALF PORTION OF MUNICIPAL PARKING LOT 65. ....----------------- --------- ...__------------------------------------------- Mayor Suarez: All right, item six, Mr. Alicino. Mr. Alicino, you're quickly - using up your time passing things out. Mr. Stephen Alicino: I'm sorry, she asked me... Good afternoon, Mr. Mayor and Miami Commissioners. My name is Steve Alicino, 1987 Hollows Trail, Deerfield Beach, Florida. Mayor Suarez: Wait a minute, wait a minute. PlPasel Mr.:Alicino: I was hopeful Mr. De Yurre would be here also in that this is certainly regarding the Miami Arena area, and Sports & Exhibition Authority'. It's about my plans on land to be developed. You have a map there'and'the site;is indicated there. In 1987 I paid $150,000 for an option on this - property, before the NBA had awarded Miami a franchise. And I say that just x to show'the seriousness of my development. Today I'm here to show you what my plans consist of. And what I'm looking to do is to complete several years,of efforts 'in.'putting a food count, one story structure food court,'that you'have pictures there,. and 'a. site plan. And ;the tenants that'we have,lined'up here are high','qual:ity.national people who are looking to develop this; with ..me. They'are`paying.$58-$65 a square foot on 20 year commitments to be here."'I, s Ku a`substantial: 'effort. Some of those letters are also included here for your review.. And the... quickly, some of the. contents of the food court that we're looking " to puthere is that we're going ` to have five` `units inside the building. Nathan's Famous is one person, but there would be Chinese and pizza and other. type of food there. We'll have a lot of attractions there also within the dwe11_ing.to entertain the people because we're looking to have this be, quite frankly, more of a daytime, Monday through Friday effort, than it is for, 'arena events. And so we're looking to jazz it up and have a --lot attractions inside of it. in respect to TV monitors and exhibits and -other, theme type of situations. The tenants so far have agreed to particiPate: ;inra`. Program that I had deemed essential, many years ago for this., particular {` location and to capitalize, I might say, on the working.core,,.in downtown Miami''And that is that each.customer will.receive'from us a'PeoplendVer token and I think this will be a good promotion: and an incentive to have.Q+�op1e qo�e visit us and,"`quite .frankly, we look to' have a ridership in this area � Sy t"k Mayor Suarez: Steve, you've got an option on_ that Land, right? ;x 4 Mr. Alicino:' Yes, I, have an option... a Mayer Suarez: And you've got to pay how much to exercise the option?; -andka mean, if you want.to;make it public, you don't have to Mr w A1iclnos The balance that is being requested as, of now is $SQ,OQQ ntprzt} 9- be. paid tv the Department of Off -Street Parking, Mayor. Suarez; And then ultimately, what is thepace that -purchasd pption.app1lei tQ? 1 ' Mr. A1iC9n�p; The purchase price:.'. the total psar'chaseprice 1s I.S sn1ln r� f gn­ " M o /� f # ,mp - ', WR717, iR+e{'xTd7+Y 7!@;7X` 'K a Inhi-.t4. t +ay�r 5uare: 1 suppose that your project is so Viable and so ekoiting aid Ii1 ds as much sons# as you're making it sound, why don't you convince the paopie in the private sector finance entities, entrepreneurs and other pertntrs, to finance it instead of this Commission which clearly is not going to be able to finance it for you. Mr. Alicino: No... Mayor Suarez: _ You'll exercise point forward. We're not in that business. And then you'll own it outright. your option and then you can do whatever you want from that Mr. Alicino: Well, time has always been ... In today's hard economic times, time has been against me in this in that I've had... Mayor Suarez: But that happens to a lot of other people who have options. We had a_fe'llow here that came with an option to buy the property right next to Miami Center. We used to kind of give him a hard time, because he had a thousand dollars down in that option, and it was,a $40O,OOO,0OO project he had in mind. _ So that was kind of the ultimate in minimal investment.for a huge project he wanted to carry out. You've got a substantial investment, but this Commission does not typically contemplate making viable people's options that they have put on land. You have to use your wits and your contactsandyour private sector support to carry out this dream of yours. And we can't really do it for you. Mr. Alicino: Well, let me state, Mr. Mayor, if I may quickly, the benefits are listed here very quickly to the City. And to 'answer your particular question there, I had investment defection just within the last 45 days of which I can substantiate. And that has been, quite frankly, due to constraints that I've had with my contract with DOSP, but also to do with events surrounding that have been newsworthy lately in regards to possible... Heat move,; perhaps, they announced publicly, so the 45 days have.not been kind to me at all in respect to doing that very same type of progress that.you mentioned. This is a quality... Mayor Suarez: Well, we dealt with that, we dealt with the issue of security around the arena last Commission_ meeting and presumably have seen a;: new initiative that might lead to. "a lot more surveillance -and security. Presumably that will again lead to a stabilizing of what is taking p1 aceat the arena, the Heat and other tenants. Mr. Alicino: Well we need to do the best that we can, of course, to preserve that... Mayor Suarez: And the Chief has also announced that he's going to deploy more 'regular officers in that general area during events from the staff of the City. .Mr. Alicino: This is a quality retail establishment in the Southeast Over,town Park,,West district.` In Ifact, I know the neighborhood very well because,.` again,' I put my monies down `four and a half years ago so I've been very. involved.; It will be... I wish you could read the letter on page two;from a local Miami. professional who has, quite frankly, .I_ think has the. respett-`of ; the Miami -Commission because he has done a lot of work, and. currently doing '4 projects,within actually the Overtown area in :respect to restorationr,an- ; reconstruction of some ,City 'projects there. But .this is an important' ._start`. �t There has` been no start. Every` effort there that has prevailed has;, been . 3 obviously taxed, either federal or state or'City, it's been_,. a, tot assi stance. Thi s i s an effort on my. own, ` the f i rst pri vat# l ook. at the ,area. What we're looking to do there is a positive step. ' It creates a.. cl oseneaa between the arena and the Peoplemover station. We're looking xwith:'our promotion to generate two to three thousand new riders per day pecause of',the promotion my tenants have agreed to.I, It addresses other concerns think�,_that. the City ` should have, and that is creating a completely different environment .for. the Miami Arena patrons, . I mean, if you saw Nathan's Famous AndArf�y"s and these type of high quality tenants there, I think it, Nearly ch4ogea' .the environment of the area. We're going to provide our -ow n'security anti plus we're going to pay _ because I know the tax . ratos. A we're going :_o, paYf. lift pi' tees, .And this is all good and positive things. Now. what 'm:, regopati:�g ; the" Commission to do is to use their, authority and, then'. ini*luenp ix encour4ge DaSR to provide me with a'contractual relief that I needtd g4a w� I Just hOp§ forward,�here#. And I could give you reasons and 4AUS69 for that, omthatts I had hoped that you would see the merits,on page one to do that forrather than getting into reasons as to why I n'eed that type of relief fr DOSP, which I'd be happy to document and go over, if that was the desire Of any of the Commissioners. Mayor Suarez: Anything of what Mr, Alicino has in mind for that site, Herb, makes any sense for the malls on 7th or 9th Street? Mr. Herb Bailey: We like the commercial activities put in there. We've always wanted to have a sports facility or sports bar mainly because people who stay in town for a game after work really don't have anywhere to go and we thought something close by the arena would be very advantageous. But I'm not at all certain as to what he wants us to do. I understand you to say that financing is one of his desires which is something we can't do that. Mayor Suarez: It sounds like it, yes. What does DOSP have in mind, Department of Off -Street Parking, have in mind for that site? Mr. Bailey: Just parking. They have no plans for it at the moment. I hadi at one timet brought several people in from the Midwest to look at the site to see if they would duplicate there what they have in Boca Raton, and they • didn't* And, of course, Steve had come to us and said he had the same idea which we support. I think his situation is one that should be before the Off - Street Parking board. We just can't legally provide him the kind of financing that he would need, even though I think it's a good idea. Mr. Alicino: I'm not looking for financing at all. What I'm looking for, and I have been in front of the Department of Off -Street Parking board, and that is my problem and concerns as to why I'm here. And I guess I I I I have to relate some of the... in particular the bid that I have with Department of Off -Street Parking right now. Mr. Bailey: Can I ask a question, please? I don't understand what it is you want the administration to support you with to help you do. If I could get a clarification as to what you want, then maybe we could sort of cut this short and tell you what we can or can't. Mr. Alicino: OK. Well, I want them to use their authority and influence to encourage DOSP to give me the contractual relief that I need to go forward. And that is simply to take the term... I think I'need to go back to ... Mr. Bailey: You want better terms with DOSP on your contract? Mr. Alicino: No, no., They should love the deal because I'm paying them a lot more for the land than I sold it to them for, plus they got the land dedication -that theyneeded. So not only is it a profit,.but.it's,.net after the City was awarded the land, and that's how I was introduced to the City to begin with. Mr. Bailey: Wel I what do you want us to do? If I went to DOSP on your behalf, what would you want me to say?. Mr. Alicino: OK, let me... Just before, Mr. Bailey, you had mentioned I was going,to,relate one incident only, and that would,be the latest incident,,witO the: Department of Off -Street Parking. And if I may do that - talking as quickly as I can - they put this property out for bid twice, August, November. I-was,the only person who responded to the bid. No one else had responded. I was told by Jack Mulvena that if I wanted to have any success here with the al board members, to back off, change my temperament, don't beA_ggressjve,,. lot of sugar, and I.111 get the job done. I did exactly that, and that was to call my attorney's off and everything else in my pursuit of this, and when the bid was submitted to DOSP and opened up, I called Mr. Mulvena up and said are you going to approve it or not? And he said, politely, and he said, yes, Vm going to approve it to the board members. Show, up at: 1:00 o,'Clocki December1th, and you'll have a response then. I had, shown up,at-#o,andtheir form- is Included there, their bid submission form, which had no' -terms stipulated'on it whatsoever. So in consultation with my financiaV.people=,apd my attorneys, they deemed it necessary for me, to put 1n,exactly def in e. the . terms. And-if:,they wanted 1.4 million dollars in,30 days. -At was,,Aot possibTS: or,permittable# This was the Department of Off-$treet Parking bid tomo I A used their form, sent it back to them. Mr. Mulven4 told me he was 'going. to,.. , Rfi 85 144 4 y My reaamand it I show up at 800 o'clock at the public Mteti ng, and I found out that they had handled it at 7:00 o'clock without me having any opportunity a to llay'anything which was another manipulation from years past. Commissioner Alansot Mr. Alicino, I don't want to interrupt you, believe mop and if after what i say, you would like to continue, I have no problems. But I really have to say this. I think we have gone over this several tunes, and I think that your problem with this Commission and the administration, as I see it, is that we are not at all clear. I see this as an attractive plan. I think something that Mr. Bailey has said he would like to see in the area. What exactly - don't give us the hour that you arrived, the process - let's just go over that tell us, if he were going to speak on your behalf, what do you want him to say? And be very specific. Mr. Alicino: Well, I was almost... yes, ma'am. Commissioner Alonso: To see if it's something that we can do with you to make this possible. Mr. Alicino: But I don't think until I got finished - and I would have a need... Commissioner Alonso: With all due respect, even if you go over these 11ttle details, if you go to the point, it will be much more effective for everyone concerned. Mr. Alicino: OK. Commissioner Dawkins: Mr. Mayor, Mr. City Attorney... Mr. Jorge Fernandez: Yes, sir. Commissioner Dawkins: Who owns the land this gentleman is discussing? Mr. Fernandez: Department of Off -Street Parking. Commissioner Dawkins: Department of Off -Street Parking owns the land, is that right? Mr. Fernandez: Yes, sir. Yes, sir.' s Commissioner Alonso: Yes. Commissioner Dawkins: Now, the gentleman says he does not need any financing. Didn't you say you don't need financing? Mr. Alicino: Well, when we speak of financing, I assume we're talking about the financing. I'm looking for... Commissioner Dawkins: Yes, financing. Mr Alicino: I'm looking for an extension of the option. I'm looking for a very doable thing which is... r 5 fi Commissioner Dawkins: No, no, well see... no, see, but no, that's where we're hung up. Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner Dawkins: If the Off -Street Parking owns the land, who should the gentleman be discussing the land deal with? r «. s: Mr. Fernandez: The Department of Off -Street Parking. x; Commissioner Dawkins: Mr. Mayor, I'd suggest that this gentleman go back'to, Off -Street Parking where they told him no, because he had no money, and tell } r3 him that once he works it out with Off -Street Parking, then he needs to find him some -financing and then we are willing to work with him to tlo whatever be has to do. But we've been over this for two years, and he'-s been`A n n"y"Off io I :'donit-know how many times, and it's always. the same thing. 'Hea.!does;iiot #i r+s a any money, a x 4 66 PIP � r � Mr. Al i ci no! That it not the e . in due respect i . i a Moor°Suarez: All right, just bring to conclusion your point, your request of us, as sped fically as you can and do it within a minute. 51r, that's the �f y best we can do today Mr. Alicino: OK. The reason I have to come to you, Commissioners, for assistance, is because the Department of Off. -Street parking has conducted themselves - and I have evidence in black and white right here, concrete - evidence - that they have conducted themselves in a fashion that... I've been flim flammed by them twice. Vice Mayor Plummer: The what? Mr.:Alicino: I've been flim flamned by ahem twice. Vice Mayor Plummer: Oh. commissioner Dawkins: OK, let me ask you a question since you said that statement. - Mr..Alicino: Yes, sir. Commissioner Dawkins: You owned the land, is that right,. sir? Mr. Alicino: I have an... Commissioner Dawkins: You owned the land at one time. Mr. Alicino::,I had an option. Commissioner Dawkins: At one time. OK? Mr. Alicino: I`: had an option on the land. }' Commissioner Dawkins: Now, did Off -Street Parking...Yo Vice Mayor Plummer: No, no, no, Miller, Miller... E Commissioner Dawkins: Did Off -Street Parking pay you a price for the land? Vice ,Mayor Plummer: No,.he didn't own it. n Commissioner Dawkins: No, wait a minute, no wait`,now. Mr. Alicino: I had an option. ;3 Vice Mayor Plummer: He only had... _Mr. Alicino: i`had an option. Vice Mayor Plummer: He had an option. Commissioner Dawkins: OK,'you had an option. But did Off -Street Parking buy. *,p your option? Commissioner Alonso: He had an option...} commissioner Dawkins: Did Off -Street Parking pay you I'M dollars for your option? Mr. Alicino: At eleven fifty-nine...= Commissioner Dawkins: Did they pay you "X" dollars for your option? 3I Mr. Alicino: Yesi Commissioner Dawkins: OK, so now when Off -Street Parking paid you forlirho rjt 'I and and" you took the money. now you want to goRie back and buy the l>aN from Off -Street Parking for less than what they paid you, and they refused i� tci •yoi�, s1iR# "Y. � ° �; �"=is� r , t���9 5 � - aaa � Mr. Alcinos No, no, it's much more for what they... «3 Cnnissioner Dawkins And that's the problem, Mr, Mayor. f Mr. Alicino,. It's much more for what I sold it to them for. In addition, the it less land# out if I... I have to tell you how I got introduced to City of Miami. Commissioner Dawkins: You negotiated with them, sir, and they paid you what the negotiated price was. Mr. Alicino: There was no negotiation whatsoever, and if I had the opportunity here, which I... — Commissioner Dawkins: Which you have been in all our offices, sir, and gone over numerous times. Mr. Alicino: Everything has changed. It has changed month by month and it's �£ changed even in the last 45 days. Now, the Commission legislated the arena parking program. I get a call - and I was developing this with Burger King and a whole bunch of other people - and the call was to appear down to a Ci,ty!s office and down at the City office was Matthew Schwartz, the City Manager's' office$ Building and Zoning, -Public Works, and a lot of other people. And they said, Steve, we have to make this deal with you. We need this land for the straightening and the redesign of N.W. 1st Avenue. They made a deal to me that was represented to all the banks and to the public - the citizens of Miami._ I've got memos to everyone of the Commissioners from DOSP, but these items were going to happen. A deal was made that DOSP was going togeta $300,000 credit for a quick dedication of land that I gave to them, I mean, I didn't want to meet you folks, but you contacted me and said, we need this land and we need this parking. You made deals with me. You delegated to DOSP. My problem has always been with DOSP. Mayor Suarez: OK.... t _ Commissioner -Dawkins: That's what -I'm trying to tell you. To go o - Department of Off -Street Parking with your problem, sir. = Commissioner Alonso: That's -exactly the -point, not with us, -with DOSP. f Mr. Alicino: But ;they're going to cause... So you want me to go back to the people who perpetrated... Commissioner Dawkins: OK, how much did they pay you for your option? e Mr. Alicino: You want me to go back to the -people... s Commissioner Dawkins: How much did they pay you,for your option? Mr. Alicino:. This is nothing to do with... o Commissioner Dawkins: How. much did they pay you for your option? Mr. Alicino: t ...the reason I'm here. They had paid me... -- = Commissioner Dawkins: How much'did they pay you for your option? _ � 4 Mr. Alicino: One point three million. g Commissioner Dawkins: One point three million dollars, and now you=want this s e City Commission to finance... Mr, Alicino: No, they didn't pay me one... Commissioner Y� Dawkins: ...a business venture for you-after,you,have taken,-i XIZ million doi tars ;of taxpayers'.. dollars for the option ;on a ,piece;.of land gt - that.you own the land. `-$ee, and you keep going... and it can't happen, sir. Mr. Alicino: They didn't pay me I lost moneyn the deal, ti y Co missloner Dawkins: Mr. Mayor, I will not vomfor this. I don' t'oerp #low ; k loner we discuss it. And irQuld call the agenda. I cell the ordof thadi ,_; ri rJ � Q G a ?? 'Mr, Alicino: I don't know where to go in 30 seconds. a Mayor Suarez: All right, well one suggestion is that you go outside and regroup for another attack on the Commission here, with DOSP - which apparently is the more indicated agency - because we've got other items. All right? Mr. Alicino: I default in 15 days. And that's going to cause me to do what I have tried to avoid to do for two and a half years. And that's seek a proper <. situation here. I can prove to you, Mr. Mayor, that DOSP... and, as a matter of fact, I've got a tape recording of the last board meeting with... Commissioner Alonso: I told you to go to the point, remember? Mr. Alicino: Pardon me? z Commissioner Alonso: I told you to go to the point. Had you done that, maybe we would have done something different. We still don't understand. Mr. Alicino: No, I understand. Mr.... Commissioner Alonso: Maybe you do, we don't. Mr. Alicino: This Commissioner thinks that DOSP gave me a lot of money. They didn't give me anything. Commissioner Alonso: Well, it seems to me anything over a million is a lot of money.;; Mr. Alicino: They stole from me, and stole from me... No, I didn't get that. That `was 'the selling price. One point two million went to somebody else.' I already had... Commissioner Dawkins: It went to the people who owned the land. Mr. Alicino: Right, so... Commissioner Dawkins: You did not own the land, therefore, sir, you could not r have gotten the`T.2 million dollars. The money went to the land owners. Mr. Alicino: No, I know. But that's what you had said. Mr. Bailey: Can I ask a couple of questions, Steve?' Mayor Suarez: OK, just finish your statement. Herb, let me just finish, please,_... because we're never going ° to get out " of. here if we try to' solve �a problem.that we're `not sure we understand the problem at all. s Commissioner Alonso: We haven't even started. Mayor Suarez: OK, you got a half a'minute Teft. §� Mr. `Alicino: I'm not going to be ableto convince you the good ' of this City 30 seconds, and the consequences that DOSP has put you into,in relationship t4� their lies, -broken contracts', paying my companion fi and not paying aying that person -over there. y last meeting i had a� ' They're still ,p The very �* DOSP. I'could just talk about that for one minute, and then you'll get a feel x �` for what has happened.Y Commissioner Alonso: May I ask you a question? You had the money to purchase " xr the land that they bought from you the option that you had? You had enough,'x money to go ahead and close on that property. y Mr. Alicino: I will,.. Commissioner Alonso: Had you... }� 4;S 1 xdl 89 y t 4 f h j.T n y, Al ESl 4 r tf� , Mrs Alicino: today?. CoMissioner Alonso: No, not today. At the time that they both renew the Option. Mr, Alicino: Y have a letter from Ensign Bank that mentions fled Arison, which you'll never see in an Ensign Bank letter, where they provided full financing for the project before. Yes, ma'am, I've got it,right in my.... Commissioner Alonso: You had a commitment at that time? Mr. Alicino: Yes, ma'am, I paid $10,000 for the application fee, and I've got a letter here with Mr. Arison's name in it in regards to a loan, and I've got everything here, but I'm not given the opportunity here. This is similar to my experience with DOSP. Commissioner Alonso: Then, if you had the money to purchase the land, you should have gone ahead and purchased the land and maintained that, and do the business that you wanted to do. Mr. Alicino: But the City called me up... Commissioner Alonso: Because .you are back again trying to do exactly what you had the opportunity to do. Mr. Alicino: But, the only reason I was prevented from doing it... Yes, I'm trying to do. the same thing. That shows a little... that shows my seriousness.'.. Commissioner Dawkins: Mr. Mayor, for the second time I call the order of the day Mayor Suarez: Just let him have his half minute. He's got like fifteen: seconds. All right, any last thought, sir? Mr. Alicino: But I try to answer one Commissioner's question,''�and then another one and another one. I'm trying to do that... _Suarez: MayorI wish that we would dust lethim complete his half a minute,' 1 .and then bye, bye., Madam City Clerk, hold him to 30 seconds. Mr..Alicino: Could you restate your last question, Mr. Commissioner? w Mayor Suarez: No, no, no; no, you'v,e got'30 seconds. Say whatever you, want; " in 30 seconds. Commissioner Alonso: I'm fine. . ; Mayor. Suarez:. 'thanks, Commissioner, I appreciate that. Mr.=Al'iclno: The Department of Off -Street. Parking has committed actions that,, f are very questionable legally. I wish you would address them. They invo VVela triangle that 'starts.wi with Alicino, the,City of Miami and,the`Department; �s of Off 'Street'; Parking. My 'briefcase is foil of `memos to the Mayor and' ,to' the P > 3T Cortmissioner'stating that Mr. Alicino.'.". matter of "fact:,'there-'� a� letter David Stern' in my briefcase -stating, as We advised 'you before';$ the deal ;with`; r" Mr. Al icino is,., done., I went one direction, and, -one . dlrectio :only, glad reason for..,'and, I'm'- so closenow myreason for not completing beautiful profitable situation` for the ,City:, 3 P y of Miami s beca�+e -fy- fiT s invot veinsnt •'with DOSP and the City.I wish you: wound 1 i st�en and ;nvestigete°� it just a little bit more as to the seriousness ofv the consequence; I tt1i'ta know what else I can say in that regards, x� Mayor Suarez: OK, thank you. Mr. Alicino: Thank you, xf �!kypr Suarez; You just made it in 30 seconds after five or six triea# oc mioloner Dawkins: Mr, Mayor... ° }¢@ Mayor Suarez; . CommissienerDawkins. ` ,A 64 } y �j s c �� d a t v " 7 B'{MR domi'stioner Dawkins: ..400int of special privilege. Mayor Suarez: Yes. Commissioner Dawkins., I see former Commissioner, Neil Adams in the back, Would he come forward and raise his hand so we can welcome him. Mayor Suarez: It's been a while since we've seen you here, Commissioner Commissioner Dawkins: Thank you. (APPLAUSE) Mayor Suarez: Very good. Appreciate that. s k'� KF --------------------------- ------ NOTE FOR THE RECORD: At this point, the Mayor' recognizes the presence of former County Commissioner " f Neil Adams. -------------'-rr----rr---i--r----r—IYrr--r--ii _1------ill------------- Y------------------r—i----------------Y-- •i: --r-LilY1W�Y----.i - r 18. SUB ' 5TITUTE FAISON ASSOCIATES AS EQUITY PARTNER OF THE DINNER _KEY =: 'BOATYARD JOINT VENTURE - PROVIDE 90-DAY PERIOD FOR FAISON TO WORK-OUT WITH.,METRO-DADE RESTRICTION RELATING TO DRY DOCK SLIPS - INSTRUCT MANAGER TO FINALIZE CONTRACT (R.K.W.: Merrill Stevens lease). -------- ------ - -- - ---- ---------- Mayor Suarez: Item nine. Let's go quickly. I guess that will be quickly.-': Mr.'Odio: Mr. Moore. Mayor Suarez I just,reaiiZed what it was.We can get to,the,;planning and zoning items. Counselor, where are wet Last time it was.,made pretty,;clear Y that we were, going to .try to stick with.,. we were going to stickwithin certain parameters, I understand that you tried to work within those z parameters ;and there may be one or two noose ends and this Commission wi11,, have to decide whether the loose ends can be tied up or not. : Michael T. Moore, Esq.: I think that's correct. Michael Moore, 1200.Brickell',` + Avenue. I'm -with Holland & Knight law.,f„irmj and .I'm speaking on..behal.f of Faison Associates, but to the extent that theywould be the. equity partner in �` T the Dinner Key, -Boatyard, joint venture with which the..City:,of; Miami his-:-- contract, I speak on behalf of the venture as well. But when we last, appeared before this Commission, we asked for some relief in respect to going forward - to ''become theequity partner, The 'City essentially. had .a, coupleof problems. We met with almost all of you for: which I appreciate you taking the''..,::. time` :,to :discuss it. I: think what : it comes down• to is::that the,;;City4khad ° identified in its papers - if you look in the item, agenda 45 papers from` h'' hr`i -_ last agenda, there were two items. One was the word "liquor" that appeared my{ the '=l ease. That word is. no longer in the lease. And the "as is": ci ause, r �9 which I admitted at the time, was a problem, we have withdrawn the need to ;W have any, kind ;of :a ceiling on that. We're: Accepting the, "as::is" clause fi A �4 .;. significant- concession., I would say,. on the < art,vof :Faison, . They're-taki., . Iot,of risk: Everyone agrees that, property is going to have to�be..oleane up. We are -traveling under the April 23, 1991 draft. prepared by -,the ity.o d is F' So,,}'=in my;. judgment,.everything that's left ;are. essentially; �uaiti bess deoii„pt Business .decisions that the City of Miami has to make.. I think if•-�it .vot s � affirmatively on this issue, the Cityis going to stand to do,;ver weff,, and; 9 9y n r a recoup -,,what it's -now out-of-pocket and go forward. There: 4is one other isepe "' x that°I.will simply mention then I'll,stop,,, 9s the,.. a�s, s .:r. '.i. •.:..- „ I .j+M1.: } •.� . rat Mayor Suarez: `You're great at' preambles, but not too ,hood at concreff zing. F What are you saying? Where are we?g y Mr. idoore; I44like you :to. y3 f:-Mayo.r Suarez; .:_:�We.: agreed on. al l points. - If ,so,��-which are they! .and '. which are missingT� s f r, Mr. Moore; With one proviso. Mayor Suarez: All right, we need to hear that. _ Mr. Moore: That is that 1n the last year, the County has passed a moratorium on projects exactly like this. Whereas, the RrP that went out talked about having dry slips, as many as 300. Whereas, the successful proposal, which the City selected, the so-called Dinner Key Boatyard joint venture came in with 286 dry slips. The County has a virtual moratorium building such slips. Mayor Suarez: 1 have discussed that today with Commissioner Harvey Ruvin I can't give you all the comforts you would like, but I want the Commission to know that he is aware of the predicament, I think he understands it, and if this -Commission is inclined to leave that for subsequent determination - he certainly seems to be inclined on his side, and presumably it would take County Commission action, not unilateral action by him to go along with... well, let me just not put words in his mouth. He knows about the problem, I think he understands where we are, he understands where we were whenever this lease was first awarded, this concession, and our need to get back to that. Because that was the sort of status quo at the time, to the extent that that is an impediment, I think we can probably build that into a resolution to be passed today. Mr. Moore: The proviso would be therefore - the resolution we would ask is that we would ask for a resolution to authorize the Manager to substitute, Faison for the partner in the joint venture of gal Florida Marine Industries. It's in bankruptcy. And to then provide us witn ninety days within which. to work out the permitting process that we just talked about, getting those ;dry slips. In the interim, we would put a fifty percent of the back rent in escrow, and at the end of the ninety day period, if we have not worked out that problem with the County Commission - it's only the County<Comnission'.s l. problem, we get our money back, and we go home. Mayor.Suarez: Mr. Manager. Vice Mayor Plummer: There are other issues. { Mr. Odio Yes. I agree with everything he hr:s said, except that when we talked. this morning, it wasn't fifty percent of the back rent, was all of: ..it it, That's changed from this morning. I thcught we agreed to a hundred :s .percent'. Mr. Moore:` The client does not,agree to put a hundred percent. Mr. Odio Then this is`a decision that the Cis:. Commission will have to make because... Mr. Moore: That is a business decision, R �� Mr. Odio: What he is saying is right. Because of the restrictions by the County, on the number of slips, it could financially hurt_ the project. So, that they do require ninety days to be able to e)plore the County and find out if, they can get that restriction lifted. And if not, they- would have the right to walk because the project would just riot be economically feasible.' From the two eighty-six to down to one eighty-si), they could not make i.t, � Vine Mayor Plumper; Assuming that they are - let's assume than hypothetically. Are you on behalf of your client indicating what you indicated'at the last meeting? In reference, as I recall your terminology, to . ? pay ail of the rent and make all of the crec,itors wholer ,back Mrs Moore; That is correct. Our position is that we 44ve ,to take -thI position going back to February one of 1990,09r{t Vice Mayor Plummer, From the day they took possession? s L 92 3' i S d47� h 1�7 rc x` m4 Mrs► Moore: 'From the day they took it. And to pay the City every dollar that is owed to the City. Now, in terms of cash flow however, and that is to say putting it all down up front, we have a problem. We would like some relief on that and this lease has some relief in that regard. It is talking about a two year period of relief frankly* Commissioner Dawkins: Explain the two year relief. Mr. Moore: What it does, is that during the first two years from the certificate of occupancy, the joint venture would be entitled to simply defer fifty percent of the actual cash paid. But that does not mean that you're forgiving any rent. But just in the first two years, the rent could be paid... could be as little as fifty percent of the total rent owed. Total rent owed is four hundred and five thousand dollars ($405,000) therefor, two hundred and two thousand dollars ($202,000) plus would be paid at a minimum. This is not to say they would not pay the whole thing, but that's just for the initial two years. Because remember, you've got all of those capital investments at the beginning that you are trying to make sure you cash flow doesn't... Commissioner Dawkins: And at the end of the two years, whatever was not paid on the two hundred thousand dollars ($200,000) is paid in full. Mr. Moore: That is correct. Mr. Odio: Yes, sir. That is in the original lease, because we knew the permitting would take that long. The only exception that we are making now is that the - the ninety days, that they would have the right... Commissioner Dawkins: Let me ask you since you spoke up. Did it say with interest, or without interest in the original lease? Mr. Odio: I don't think there is any interest involved here. I don't know. Commissioner Dawkins: It's funny how you all know some things, and don't know everything in the lease. a Vice Mayor Plummer: How long does it take to get the certificate of occupancy? Mr. Odio: The permitting may be... , Vice Mayor Plummer: Well he is saying two years from the issuance of the certificate of occupancy. Now is that going to,be based on what? - one year, three years, five years?- I don't know, I am asking the administration. He said the two years start running from the certificate of occupancy. Then how long is that going to take? - I don't know. Commissioner Dawkins: Well what I hear them saying J.L., is that the certificate of occupancy is the determining factor when they start to make money. I think that's what they are saying. Vice Mayor Plummer: No, no. Certificate of occupancy means, when they occupy.;_ the parcel. The CO, how long is it going to take them to get a -CO?, Mr. Herb Bailey: That depends on a lot of circumstances. It could.,. E Vice Mayor Plummer: What's the minimum, and what's the maximum? iS Mr. Odio: It could take as much as three years. You're right. i a Vice Mayor Plummer, Well you're talking about then, the City would be five years before we recoup our money. Mr. Odio: But we would. Vice Mayor Plummer: Then, are you going to place that money in escrow? } r Mrr//r��. Odio: No, that's a deferring cash flow the first two years aciporl0ing 93 94V t ��r �Ft y r Viet Mayor Plummer: Not necessarily. ` Commissioner Dawkins: Oh, yes. Vice Mayor Plummer: No, no. Not necessarily. Let's don't come at it from that attitude. OK? Let's go at it positive attitude. Now I am asking, are they going to defer the rent as well the back payment to two years beyond CO? I mean, this is not clear to me at all. Mr. Moore: No. No, sir. The back rent is paid on signing of the lease. Vice Mayor Plummer: There is more than back rent involved. Mr. Moore: I understand that, but we've got to start with the first back` rent. Vice Mayor Plummer: OK, back rent. Mr. Moore: The back rent is paid on signing the lease, we have the ninety days to; get. the permits. Just the County Commission problems is what we`are talking about here. Vice Mayor Plummer: OK. How much, excuse me. How much is the back rent, Mr.` Manager? Mr. Odio: It's around five hundred thousand ($500,000) right now. Vice Mayor Plummer: Five hundred thousand ;($500;000), that's the back rent?: That'`s up. unti 1 date? t tr_t Mr.:Odio: And:we had agreed... no, 1t is not. They owe. -,us that ryes, up t.o now. _ MA Vice Mayor Alumer: ; Up to now. OK, go ,from there. Mr. Moore:;'` OK.. And then there As a period of . the-. build out, -:the .bui l di ng . period, but then you do get your C of 0 and then you go forward the two years. Vice Mayor P1'umner: But are you paying us rent during that period? 4 ^a Mr..Moore::.Yes. ' Vice. Mayor.Plumner: And based on what? - the thirty-seven-f.ive a,month?=,,, Mr. Moore: It's the four hundred and five thousand annual which about k thirty seven five a month; .1s Vice Mayor Plummer: Well no, that's minimum.. No, : that was not; annuel Lrent,f' 7` that was minimum annual guarantee.` Mr,,Moore:., It's the regular rent is due. �a Vice'Mayor Plummer: Excuse me?ri Mr. Moores' The regular rent is due. It's due all the way from February of: I990.: There Vice Mayor Plummer; All right. Just so we don't have any misunderstanding, Y _Mr. Moore: That's right.` _ dwi �4 _ f Y1Ca Mayor Plummer:. The thirty-seven five which came to the four. oh..fiXe e year, was minimal guarantee. We never expected to get minimal. We hxpeptN1 tnr. 1f+ou did better, we did better, OK? Mr. Moore;- Correct, That's in the Tease, Y F tit id ,�'�4%4J? tT •� - ,�'; Y4Td�f?'�r'hR'A.p t'.. �? „Csr35f:?*'aa.5.. - C V i to°Mayo rlummert l'hat's in the lease. OK. f Mr. Olio: Just to answer... let me answerb i vice Mayor Plummers Excuse me. Mr. Odio: Yes. Vice Mayor Plummer: When you speak to the certificate of occupancy, what happens...? - well they have already said, if they don't get it, the permission from the County, they will walk. Mr. Odio: In ninety days. They have ninety days. Vice Mayor Plummer: They don't say that in this fax. _ Mr. Odioa. No, no, this is something that we talked about this morning. Now r�Y to answer Commissioner Dawkins first. There is an interest. We will be 21 earning interest on the monies deferred - up to five percent a year. Commissioner Dawkins: Mr. City Attorney. Mr.:Fernandez: Yes, sir. Commissioner Dawkins: Do these things which we are discussing constitute a deviation from the original RFP? Mr..Fernandez: Yes, sir. Commissioner Dawkins: So what's your suggestion, sir? _ t Mr. Fernandez: My suggestion is as follows. At this point in time, the City Commission has the following options. Number one, we have discussed before and is, not necessarily being. considered now but just so that you,have it; in your. fi.eld of ---reference. Rebid the entire project and permit Faison and others to ;submit new proposals. Number two, more close at hand. Require _. Faison"to accept the original lease agreement with all of its existing terms, ' thus completely assuming all of Sherman Whitmore's obligations, and not allowing any,:of the concessions requested by Faison. Number three. Allow. s< some changes to the lease but require that the changes be approved'. by referendum,of the voters as is provided in the City charter. Number four... Vice:Mayor Plummer;> Wait a minute.. Repeat that one please.$ Mr. Fernandez: To the extent that you would make changes to the lease as it presently exists -to accommodate Faison, the way to cure that or thewayto . seal that,. is to give it to the voters by way of referendum*.- So that .they would approve all of the changes that have already been made. And fourthly; the most risky :;option in our -opinion, would be tc.concede to Faison on some or all of the above items, and granted that there may be business decisions.to.be made;. and required a hold harmless from Faison :to indemnify and defend the, City in the event any action taken as a result of such concessions. NowRthis has to be viewed in a scale of values. The more "changes you make - existing lease that we presently have... Cartmssione r Dawkins: No, no, I am only discussing the ones' that we have 4k discussed --here Mr. ManageriVz s{t Mr. Fernandez: Yes, and so far you..,�� Commissioner Dawkins: Mr. City Attorney, do not discuss . those that we gave sty# nOt di sctl5sed.: r T Mr. Odio: Let rne.,, I think I need to say something. Commissioner Dawkins: No, no. Let me go with the City Attorney`, Mr.'Manager, �s 4'4 t Y d jti�y a. �t r 7 95 �s" � t isiner Dawkinst Only discuss those changes which we have discussed* geoeuse nobody#.. they have not discussed any that we have not discussed, and we have hot discussed any. The only changes that t am concerned about, sir, are those that we just agreed to and they agreed to make. Mr. Fernandez: With the ninety days extension, so that they get the permitting worked out with Metropolitan Dade County, I have no problem with that because it would still be pending and subject to bankruptcy final approval. Commissioner Dawkins: OK. Mr. Fernandez: So that's just buying out more time. Commissioner Dawkins: That's one. Mr. Fernandez: In regards to the depositing only fifty percent of what they 1 owe so far and putting then in escrow, I also have no problem with the because... Commissioner Dawkins:- That's number two. Mr. Fernandez: ... if the ninety day period is successful, then they will give us all a hundred percent. Commissioner Dawkins: All right, number... Mr. Fernandez: And the third issue they have brought up which is the cash flow, -two years from, or two years before certificate of occupancy, -that substantially changes what presently is section 3.9 of the existing lease, which is base rent deferrals. Granted that the City Manager in the existing I lease has the authority to defer payments of rent before getting the CO, but the terms are quite different. Here it says... , Comnissioner_Dawkins: But does the Manager have the right to change the terms as you just said? ,r Mr. Odio I have the right to defer. Commissioner Dawkins: You're not the City Attorney. T: Mr: Fernandez:; The Manager has the right to defer, but what the... E Commissioner Dawkins: OK. So we are.on safe ground there. Go to; the: next r: one. f MrWell that's the only one that they brought up to date. But r let me more fully... Vice Mayor Plummer: -Wait a minute. To defer`.what? i 1 Mr: Fernandez: Let me,more fully answer that one. { a�€a Vice%Mayor Plummer: Please. x { Mr. Fernandez: In the `event that the buildin g: ° permits for the new marina � i slips, additional marina docks, extension to the existing slips and other,; u revenues- producing components of - the marinar, site. have 'notbeen issued "wit'hin oneyear after proper, application for such building permits has been made by` the lessee, then the lessee may request from the City Manager, a base rwsnt deferral of an amount not exceeding twenty percent, not fifly,percent tweet Y percent on a monthly basin of the base rent. And they are saying fifty k percent.> What the lease presently provides for is twenty percent. That�s what the lease presently provides for. What they are suggesting is.fifly L=' percent. So there is a difference there. Now the question,is, does the;. Manager have the prerogative of increasing that mount of deferral? Commissioner Alonso That's in the lease. z5 6 Mr, Fernandez: Yes But let me continue readin i g T he amount of bash, rent be so deferred shall be determined by a separate letter agroemt:b e.tw+�eri .; h, ;a City Manager and' the lessee. Which letter agreement shall state i<lt"ecsit r 96 E ¢ � Y t ` , Fri h; �' 44 4 Wp,fr. ti r. _ i' • amount of the deferred base rent and the terms of repayment. 5o in other words, yes, the City Manager has the right to defer rent, but defer rent on the basis that has already been negotiated and is found here. He can defer,up f bit to to twenty percent of the monthly rent. Now if that is made fifty, su m u. you, the City Manager does not have that prerogative absent to modification of r the agreement. And my point to you is that the more points we modify in this existing agreement, it's an evaluation of risk that you have to make on the scale. The more modifications you make to the agreement, the greater the risk of inviting further litigation, and this is just a question of valued ,judgement that you have to make. My role is to advise you of how I see the legal issues relative to the lease. Commissioner Dawkins: No kidding? Then what we have to do then, is tell the Manager that he cannot defer fifty percent, but he can defer it twenty percent, and that makes it all right. Is that right? 4 Mr. Fernandez: Correct. Commissioner Dawkins: Thank you. Vice Mayor Plummer: Now, sir, Mr. Moore. Mr. Moore: Yes, sir.' Vice Mayor Plummer: Referring to your fax of May 22.. Mr. Moore: Right. Yes, sir. Vice Mayor Plummer: I ask you for the record sir, where you keep referring to the "as is" clause... Mr. Moore: Right. Vice Mayor Plummer:..are you referring to the environmental problem, or the pease in total? Mr. Moore: The environmental problem. i Vice Mayor Plummer: It doesn't state that, sir. Mr. Moore: As far as I am concerned, that's the only "as is" issue in this whole. procedure. Mr. 'Odio:,. The "as is" is the environmental. The -terms only changes• the ninety days. Vice Mayor Plummer: It. doesn't speak to that in any way, and that's why I, asked 'for the... ` Mr. 'Odio:" Well we haven't put anything in writing yet. Vice'Mayor Plummer: No. 'I have a fax in writing from him. OK? Mr. Odio;Oh, I'm sorry. But that's different.F i Mr, Moore: I was requested to send a_letter. I sent•the, letter.` Vice Mayor Plummer: Now, the insurance provision, I don't know what you want. to renegotiate there... ti Mr: Odio ' No, 'no renegotiation. Let me explain that one, Commissioner. Vine Mayor Plummer; Sir, let`me finish. Z s i rk � rare Mr. Odio; OK, I'm sorry. y Vice,Mayor Plummer: I said,: I don't know, In number three, you referred .to the totm of the RFP draft, which was not the award. Tell me where you,stapd u ' today representing your .cl iet t, Are you still demanding the `forth►4 iyeaq t or aro you accepting the tease which was awarded f thirty y0ars? Mr. Moore; The RFP allows... x 97 Me,r ,tom ;2,z i. 1 :=a rtZ Vice Mayor Pluft ners ' that's What you... go aheadi N Mr, Mysore: Well the RFP allows forty=six years. The successful proposal said forty-six years, and admittedly, the lease said thirty years. Vice Mayor Plummer: Which one are you accepting? Mr. Moore: Forty-six years Vice Mayor Plummer: You will not accept anything but the forty-six years? Mr. Moore: Yes. Vice Mayor Plummer: Now, Mr. City Attorney. Mr. Fernandez: Yes, sir. P° Vice Mayor Plummer: Mr. Manager. z Mr. Odio: No, no. I am not recommending forty-six years. I told him this morning that it was the same terms that we had here, except for the other changes that I will agree to. Vice'Mayor Plummer: - Mr. Manager, thank you., Mr. City Attorney. Mr. Fernandez: Yes, my Commissioner. Vice Mayor Plummer: In your... man, you don't want to go to Sarasota, do you? Mr. Fernandez: Not at all. Conmissioner�Alonso: What are we talking here? Y, I understood you were jealous when I called that to Mr. .: Mr. Fernandez: � Dawkins. Vice Mayor'Plumner: Cancel that one way ticket: In your estimation, sir, I { can>tel�l you ' n mine, but I'm' -asking yours. Defendable in court, is that: in t' your estimation, a major difference? A"substantial difference than that whichX 1■ was awarded? - 3� Mr. Fernandez: Yes, sir. But to the extent that they are willing to < indemnify usI;would be willing to recommend to you that that would be'*hen s R more in the line of an evaluation of the risks from the business perspective. f To.the extent that they are not willing to indemnify us, or -assume the risk,°of standing their ground, then my advice to you' is that, it would be a very substantial deviation from the existing lease. 2 Vice Mayor Plummer: Thank ;you.: At this_ point,, last question. ;You have � outlined--in' utlfined -in. your fax, ,four; areas. OK? Are there ;any- other,areas .in whichyou 4 are; not; in,'fuII accord with the present, awarded-,,.ontract? 4 r have been a-=.1 of of ydraftS. Mr.'.Moore: ' The lease -of April 23rd... there ha i Al i 1. 23 1991. T referring :to the Apr V'ice�,Mayor. Plummer:` I am speaking of the .award of the contract to Dinner fey Boatyard as it was approved by thin Commission, whatever date that was, Your, have in my estimation, addressed four issues, tr Mr. Moore: Right; Vice Mayor Plummer: You have addressed actually a fifth issue because of t#le �n problem existing ,that did not exist at the time`and I ivnderstand..thetk there any other issues? - for example, Mr. Manager, as I recall, there "X" number of dollars to be spent in improvements?' Mr. Odio: I believe it was 5.9,million dollars.' Vie',MayQr'Plummers That was minin►um. And you are Jully antioiPattog ? #� x Y.kr," WO r ,3 I ky 5-v dt� t��_ A ;f Moorer We do not violate the RFP in any way, or the gF'P's.., the successful proposal. Vine Mayor Plummer: I am not speaking... please. You speak if you want... Mr. Moore: The answer is yes. And there is no problem. - Viet Mayor Plummer: ... but I am only speaking to that which was the awards Are you also willing to go along with the key issue in reference to the access to the water of the public? Mr. Moore: If it's in the RFP and in the successful proposal, yes. Vice Mayor Plummer: I'm not speaking to the RFP. Mr. Moore: Yes. Mr Vice Mayor Plummer: I am speaking to that which was awarded. There was a t serious problem there that existed about the access, waterfront access to the public. Mr. 'Moore: No change. No change at all. Vice Mayor Plummer: OK. So what I am understanding then, that as it is presented here in your fax of May 22nd, the only issues are the four addressed plus the fifth issue, but relating to the County, and nothing else? - nothing else?' Mr. Moore: well Commissioner, with all due respect, when you say nothing else, I mean, we've got to change the name. Vice Mayor Plummer: Sir, I understand that. That's a minor situation and'I don't have any problem with that. That does not change the City's revenue. OK? Is there anything else in that is changing? That's all I am asking. r f. Mr. Moore: I think there is substantially the same deal, except for the that have been brought out by the staff and the attorneys for the City, toints hat have been discussed here tonight.I can think_of no -other issues that would be any substantial change. In fact, I'd..: Vice` Mayor Plummer: All right. Mr. Manager, you have met with him, correct? - or your representative? Mr.-Odio: I've met with him. Vice Mayor Plummer: ` All right. - The thing that I can't get out of my craw, and I never will I guess, as long as I sit here. I beat to death the former. counsel for the former people - don't let me say what I want to 'say�to insist that they put up four' hundred and five dollars the day they took 'the key. -Excuse me, =four hundred and .five thousand dollars ($405,000). Somewhere, that was lost; and it was not a requirement, in -the award.,. Somehow; somebody: -interpreted that.to be thirty-seven fifty a month. My comment to Mt` Traurig,in the minutes .of the meeting ;are so clear, it couldn't have been.'any ' �s clearer. When you take the key, you will give us- four. hundred .and -five thousand dollars ($405,000). What guarantees are you demanding, -up frontT"'af this group, or any other group, so we don't find.ourselves in= w. position -of s having to sue to get the money, but putting them in the position ao suertoget it back?, Mr..odio He has to place in escrow, as of right now, if you agree tpday,ptt+e . 3; monies for the back rent, not `the fifty percent, we agreed on a hungred 5 percent this morning, so I am .not agreeing to fifty. Y�.t{` Commissioner Dawkins: Sometimes you have to swallow some things to get some a things done. r = 4r� Mr. odios OK..� commissioner Dawkins: Just as we did with the University Of Mimi this { morning. They didn't give up any money,= hh Nr.'Odi_ ''Well it's up to... � - � � 1 21 jA F et r 10 i .5 2Y.r''T'D„x+"`+,s + •G,. ? d'y T F 0 M { t I :I Commissioner Dawkins: So sometimes YOU know, ynu have to give somewhere and take somewhere. Mr. Odio: Sure. It's up to the Commission. Commissioner Dawkins: So this is the same thing for the University of Miami.' You gave and they didn't pay. So hey, you took a chance, so now we've got to take a chance here. Mr. Odio: The money will be in escrow. That's your guarantee. Mr. Moore: And we have already... we've put a hundred thousand dollars ($100,000) in the bankruptcy court just to show a good faith. And you know, we are not just paying this. By the way, Faison is coming in as equity investor. It's not just paying off the City, which represents probably two million dollars to the City, but is paying off a lot of people in this room here today that are creditors. I mean, I don't understand... you know, that's h' just... Mr. Odio: I have to say this. Mr. Mayor, and Commissioners, I feel comfortable that this is a very serious company, and I don't have any worries at all about them being able to handle it. Vice Mayor Plummer: Mr. Mayor, I merely want to put on the record, my two areas of concern. For my favorable vote, number one, they have to agree to put up one hundred percent, they have to agree to put up one hundred percent in escrow, in escrow for the ninety days. That's number one. INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. Vice Mayor Plummer: The interest on that? Look, if I get that amount,, I'm going to be lucky'. OK? Commissioner De Yurre: No, no. What I am saying is, do we put i t in an interest bearing account so they don't lose the benefit of the money? Vice Mayor Plummer: OK. The second point that I have a major problem with... Mayor Suarez: Yes, in escrow with the interest bearing account going to them if.the money.goes'back to them. Vice. -Mayor Plummer: Oh, the interest bearing, yes. If they get it back. If not, we get the interest. Commissioner De Yurre: If not, we get it. f Vice Mayor Plummer: OK, fine. An interest bearing account of course. I don't want the money just to sit there. The second point that I have Mr. Mayor, and my col.ieagues, is coming about to the integrity of the bidding. procedure. The award that was given was for thirty years. They are asking for forty-six`and no less. Hey, I.admire ahem for trying. But I think that to protect the integrity of the bidding procedure of this City, tome, that is i< a major deviation. And as: such, I ,cannot` vote; for more than , thirty=without Frg going`�back out to a rebidding. Nothing would make me happier, as I told,Mr. �v Moore this morning. The City's revenue is important, but I think the more....., important issue is to the boating community who -:'do, not have the . use `.of'I that facility.. Now,forty-six years is an awful long time. Thirty years'is a long time. But I think to protect the integrity of the bidding procedure, as far as I: told,Mri Moore today, I am still there Mr. Moore, if your clients come z before this Commission in the terms that says, basically it's a transfer :of the stock of the former to this outfit, I don't see any problem. OK? That's 3Ay where I am at. Mr. Bailey: Commissioner, let me correct. Mr.°Moore If I may just make a comment. ua s F� Vice:Mayor Plummer: Surely, Mr, Bailey: I want to correct one thing Commissioner. The minimum intresOne nt is 4.9 million: R A WIOiL !��+ t too � ,t 4ai Vice Mayor ' Pl utriner: He has said, and I'm not disagreeing with you. He has . tract or the revious award,'that they said,''whatever is in the previous con p 1 are living-upto. That's what I was concerned about. Mr. Moore: That's right. — Mr. Bailey: Bight. No, that's OK. I just want to correct the record. Vice Mayor Plummer: Well we also heard, seven million, ten million, we heard all kinds of numbers. Mr. Moore: Let me simply say this, Mr. Commissioner. The successful award was for forty-six years. That was what Dinner Key Boatyard Joint Venture was awarded when you selected them, the successful _bidder. After the award was granted, all the dust was settled. You brought them into a room over. here at City Hall and you negotiated with them and you gave them thirty. But when you picked them, you said forty-six. ' Vice Mayor Plummer: No, sir. Let me correct you. I was here. The award was - nothing more than to award them the right to negotiate with the Manager. That was the only award they were granted. OK? Mr. Moore: Well, OK. I'll accept that. But their proposal was for forty-six years. Now I would also like to... Vice Mayor Plummer: Well the RFP gave enough latitude to all of the proposals,` to say that you could propose any amount of years that you wanted based on the amount of money that you were going to spend. That was in the original_RFP. But when you speak of the award itself, the award was given to that outfit to negotiate with the Manager. I think you will find in the - minutes of this Commission meeting, of this Commission, that the Commission itself -set a policy of a maximum of thirty years, and told the Manager that " that'. was part of your negotiating. Because he asked for us to set some parameters. a Mr. Moore: The other point I'd like to...Y Commissioner De Yurre: Let me ask a question here. Does the change of thirty to forty-six, does that impact legally on the issue?- Or are we just talking f about the negotiation of the lease which can bechanged, or could be changed,Y or may be changed, or whatever, without affecting the legal status of the bid process? Mr. Fernandez: It is a major change in our opinion, and it would substantially... 2- Commissioner-De=Yurre: To the lease or to the award? Mr. Fernandez: To the lease. Commissioner, De Yurre: But not to the award? _ y; Mr.:Fernandez: The award is the lease. The only thing that was awarded was'..'' jthe lease*-..z Commissioner De Yurre: OK. But what I am getting at 1s, .the- fact that, we selected -company "All Mr. Fernandez: Yes. On the basis of their proposal. =r�. Commissioner De Yurre: On the basis of their proposal? Mr. Fernandeze,'Of which, one.term was that they were -asking for forty-six v years, which was a maximum, Commissioner De Yurre: Which was accepted that proPosal.•�Now we said, now you go and negotiate and in a negotiating process, we wielded it down to .r3 thirty .years. ,.. but that- does not impact on, the legal � process as awarding of the bid to group."A"?� kX too Fernandez: Not at that original time, it didn't, But then, once the lease, ripened and there was a lease fully negotiated, then the RFP takes a secondary role and the proposals that were submitted in response to the RFP just become you know, interesting documents. What you have here as your maim guiding principal, is the existing lease which was negotiated for thirty years. I have never said that you are precluded absolutely from giving them a term higher than thirty years all the way to forty-six, because at one time, it was contemplated. All that I am telling you that the more you deviate from what you presently find in the lease right now, the greater the chances, or the chances increase for you to find yourself in litigation over this issue. To the extent that they are willing to indemnify and share the risk of this additional sixteen year period, then it would be a level of comfort that the Commission could have in granting them a greater period of time. Mr. Odio: Well, but the fact is also, at the time that we came here, we recommended twenty-five and on the floor, it was changed to thirty. So there had been a prior change to this. I remember that discussion well, so. When we came in here with the agreement, it was twenty-five years, and in the floor, Mr. Traurig asked for an increase in years and it went up to thirty years at that time, when it was awarded. Vice Mayor Plummer: Mr. Mayor. Mayor Suarez: The crucial question on that issue by the way, as pointed out by Commissioner Alonso, is not so much the lease as the RFP, what it included. Commissioner De Yurre: That is my concern. You know, my concern is, from the legal standpoint, that others that were involved in the bidding process may have a legal claim for a position with reference to this matter. You know, I can understand that. That if there would be changes to what the terms were for the RFP that these other individuals or corporations would have a claim saying you know, things have changed significantly, or changed period. Now the lease, are you trying to tell me then that for the next thirty years, we would not be ever be able to amend that lease in,any way, fashion or form? Mr. Fernandez: Correct. Not without going to the voters - you're not. Vice Mayor Plummer: No, that's not true. Excuse me, let me disagree with that. Commissioner Alonso: But we have an RFP which says forty-six. Vice Mayor Plummer: You can go back out with another RFP, as long as you get three votes. You don't need to go to the voters. Mr. Fernandez: Oh, yes. Of course. But then that's not the same lease. Mr. Odio: The RFP was open on years, if you remember. Mayor Suarez: It had some flexibility on years, yes. Mr. Odio: And we had a... all of them came in with different years. Vice Mayor Plummer: Mr. Mayor, let me just makeone statement for the record, and i think it will tell you exactly where I am at. One of the things that I. drove in the old contract, was that any change of stock over five percent took the approval of this Commission. OK? Now, if what they are here today to ask of me, is to transfer Mr. Whitmore's equity to Faison`, meaning they t assume all of the other, you've got my vote. Mayor Suarez: OK. Since we have got your vote, please state it in the form of a motion. Vice Mayor Plummer: They are not asking for that. So, you know... 1 Mayor Suarez: Alternatively, if any Commissioner who is favorably inclined, or unfavorably inclined would put in the form of�a motion there. Vice Mayor Plummer: Well Mr. Mayor, if you want a motion which I really don't see -of a great deal of value, I'll make a motion that... Mayor Suarez: No, no. I want a valuable motion, not a... 102 May '230100 _ 4 � 1 e w i t r, dice Mayor Plummier# OKs Let's try it then for - size, I'll make a motion at this time that the Faison group be sent to the Manager to final negotiate the contract existing,,:, the lease existing, and that the Manager bring in all of the safeguards that are necessary to protect it. Mr. Dailey: We have done that. Mayor Suaret: I thought that's what we were doing all this time. From two weeks ago. Vice Mayor Plummer: Well, that's not true. The Manager emphatically stated at the last meeting, only come to me if you want to accept the terms and conditions existing. Mr. Odio: That's right. And they have... Vice Mayor Plummer: And they have not. f Mayor Suarez: Right. To what extent have they not, and to what extent;ls any Commissioner willing to move the item with proviso to make the modification through negotiations, if any? Mr. Odio: The only change is, from thirty to forty-six. That's the change. Vice Mayor. Plummer:- And the insurance? Mr. Odio: The other one is the... the insurance is... all they are asking for is clarification of five pages of insurance, but that... Vice Mayor Plummer: No, that's not what he says here. Mr. Odio: Yes, that's what they told me this morning. The insurance is a question _of clarification. Mr.,Moore: That's.it. You've got it.' That's ,it. That's all. Commissioner Dawkins: What's J.L.'s motion, Mr. -Mayor? Mr. Odio:; It"s not a change. Vice ;Mayor Plummer: Excuse me. From the facts of May 22nd,=•the insurance provision, -Faison requests the right to renegotiate the insurance.provision.- r Commissioner Dawkins: Is. there a second for the:Vice Mayor's motion? Mayor,Suarez: OK. `.Do we have a second on the motion? Vice Mayor Plummer: I'm sorry. Commissioner Alonso: What was the motion? Vice. Mayor Plummer: The motion was, that if they are willing to accept ,ail conditions •in:the present lease, send them to the Manager to write.it:up and ' to protect the City's revenues. So be it.° ' 1' - Mr. Odio: But I need to ask about the ninety days -and with the .ninety daysN extension...? - 4�, Vice Mayor Plummer: You mean the provision of the payment? r Mr. Odio:-,:Of the ninety days, the escrow? that's..._ KSr; Mayor Plummer. Vice'That's fine. I have... any way you can get my • mon ey hack that'I have lost, I'm with you. Mr. •Odic: �- Fines - . �t �, `��- Vice .Mayor Plummer:' The only, question in question; is- the`certifi eat o { occupancy, Where does the five hundred thousand ($500,O00) cpme itt? and s when? ya 61 .'Cgs { • jit{{ 103 • 3 joy t e r. a a ^.*f ,give - t' !� t �., ai.a,,k�^'etrF$,;', :?.'•Prci4'.x..-F, .v .. "' X x MN Odiot The escrow would have to start the moment you approve this. Commissioner Dawkinst Lot me try one then. I move it as recommended by the Manager, for a maximum of thirty years, with the Manager and the City Attorney j making sure that what the Manager and the City Attorney told me, holds us harmless, and I move it as recommended. Mayor Suarez: So moved essentially as recommended, with the only proviso being that it be limited to thirty years. — Commissioner De Yurre: I'll second for discussion purposes. Mayor Suarez: Second. Commissioner De Yurre. Commissioner De Yurre: Certainly, there are not thirty years left at this point in time, because already they have taken up one year and -a -half of the F. time frame. So you know, we have to make some... it has to be some flexibility as towhenthe thirty year period is going to start. Vice Mayor Plummer: And the flexibility is already spelled out in the present lease. Mayor Suarez Are you... if we are allowed to go beyond the thirty years, are you willing to specify that in the motion as a re -interpretation of what we thought we were going to do in the first instance to thirty years from.. as Commissioner Dawkins has stated from the CO, or thirty years from the signing Of the lease? Commissioner Dawkins: I'll accept an amendment to say from thirty days of the CO. If you amend it, I'll accept it. Mr. Moore:" Mr. Mayor. ` Mr. Bailey: That's not what they said. _ s- ' Commissioner Alonso: Yes." And I'd like to hear from the City Attorney, what kind of guarantees do we have that we are going to receive all of the monies as promised"to us? What kind of guarantees do we have? Mr. Fernandez: That tomorrow, we would write an agreement, an escrow agreement, in which we would guarantee that that money would not be removed there without joint°`signatures. Which means that, if in fact we succeed with , the -County, getting all the proper permitting in place, then they would not only you know... they would go to the bank and they would be forced to sign to release `the entire five hundred plus thousand dollarsto us.' t t t �. Commissioner Alonso: OK. So it means the City will recoup all of money ? that...? a Mr:'Fernandez: Up to date. 5 4 .. Commissioner Alonso: Up to date. ' Mr, Fernandez: And then in addition to that, i-he ninety days that have runs for which they have not deposited, of course, that goes without 'say ing, that. they would also pay at that point in time. _ d � Commissioner Alonso; And it will be clear that they will continue to pay rent? Mr. - Fernandez: Yes. Commissioner Alonso: OK. e Mr. Fernandez: During construction.�ak rt i, Commissioner Alonso: Also, what kind of guarantees do we have that they will continue to do as stated in the agreement, and not as it happened last time that we had to end in court? Do we have any other guarantees? Mr. Fernaindez, two. There is no way for us to predict that there will never `?M� be reason for -litigation between use Y i sa .d3Vk�'.1Nrr Y' d "'a — T vi } $ ?{..h" t T Cb its inner Altineo: Yea. I don't mean In the long run, but I am saying in a very short period of time. Mrs Odio: I think Commissioner, in a short period of time, all we have is the into the z escrow. the longer they stay, the more money they invest project. If they in five million dollars That's the only guarantee that we have. put into this project, they are not going to walk that easy. Whitmore didn't put - anything _ Commissioner Alonso: 'that's fine. As long as they invest the five million, I have no problems. Mr. Odio: They have to invest the five million within a certain period of time. or the 4.9 million dollars. -_ Mr Odio:If yoit had got the four hundred and five as I requested, you'd never be in this position. Mr. Fernandez: There is an additional security of a hundred thousand dollars fund that they would have to replenish. Commissioner Alonso: Yes, but it will be refunded. Mr. Fernandez: Upon completion of construction. Mr. Odio: They already have 4.9 million dollars invested. Mr. Bailey: We are missing a point here that I need clarification on, if I may ask. Mayor Suarez: Yes, please. -_ Mr. Bailey:' The motion had the word in it "hold harmless." I'd like to know what you mean by that. Is that an indemnification? Because that's what it said. Would'you read the motion back please? - n Mayor`Suarez: "I think the left that...` { Mr. Fernandez: Let me clarify that. Mr. Bailey: No, no. I want the clerk to read the motion. I'm asking to.° clarify it. Mayor -Suarez: ...to be worked out by the City Attorney' and the Manager i n ' the motion. If he didn't, let's... 'F Mr. Bailey: I want to hear what the motion was because when I get this back to the, desk, - I don't want to come back here next "meeting, and you ay, ' I' m = ' doing it wrong. Mayor Suarez: Yes, yes. You've asked a question, now let's see if we can -get an answer. Thet motion I think - left that up°to the City Attorney and the, Manger 10 `work 'that; up. Mr. Odio: Let me explain it. The indemnification clause only would enter if J �t they would get the forty-six years. With the thirty years, we feel we have., . nobody has a legal case against the City period. We are just doing, we'are just replacing.,. for forty-six Commissioner Dawkins; I just told you that I was not voting ,' years. Mr. Bailey: Yes. I want to... , Z, thirty Cpmrnissioner Dawkins; My motion was years.: r Mayor Suarez: Right. Q� Mr, Qdio; That's what I mean sir, we do not need an rode nification p1a-36 ;m } Mr. Fernandez; OK. No, Mr, Mayor. kl­ 040 ,. Mayor Suarez: OK. So that indemnification is not part of the motion then? Mr, Fernandez., Well no. Let me,.. Mr, Bailey: But that's not what the motion was. I would like for you to just tell me what it was. Mayor Suarez: OK, The movant understands that it is not part of the motion. , The second also understands that it is not part of the motion, Mr. Fernandez: But let me make my point clear. Commissioner De Yurre: However, is there... have we thought about the thirty years running from the time the CO is awarded... Vice Mayor Plummer: Wait a minute. From the time the CO is awarded' t; Commissioner De Yurre: From the issuing. Mr.'Fernandez: No, no, no. Vice Mayor Plummer: That could be another five years? Commissioner De Yurre: Well that's what we are talking about. Mr. Fernandez: No, no, no, Vice Mayor Plummer: Is that part of the motion? Mr. Fernandez: The thirty years started running the date the lease was signed. Vice Mayor Plummer: That's running it out, then to thirty-seven years. Mr.,.Odio: February of 1990 is the date that the lease started to run. Commissioner De .Yurre: _OK. Now what...? because the thing:is, -they lose already a year and -a -half. Mr. Odio: :That is -,:true. They are: paying the price, of Whitmorel,s*% That!s true._ I think in that sense,'it is the only... Vice Mayor. Plummer:, Well. I. am asking for a clarification by the maker of the r' irk motion. Did you state that it's thirty years from the date of the CO? Commissioner Dawkins: Yes, 6 Vice Mayor Plummer: So that in effect would take it to thirty-seven years? t Commissioner Dawkins: No, How would it be thirty -seven; -years? Vice Mayor Plummer: Well, they've already.., a` -year -and -a -half has gone.and.' they are talking about possibly five years for the CO, so you are'stretching ?� i t out to thirty-seven. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD: Vice Mayor Plummer: Wei 1, I'm sorry. Mr. Bailey, , 'did I not hear you. sa y y y y three to five years? Mr.>Bai'ley: it >a11 depends on the permitting difficulties. A,CD simply means... }{ Mr. Bailey; Three to five years, yes. Vice.:Mayor Plummer: Did 'I not hear you say three:to five years.° i °h F Mr. Bailey: Three to five years' that's what I said, -. Commissioner Dawkins, All right, from the day of permitting then,�,t t 4- yt4t Y7' ti, 106 Mai► rt%, t S S4� x i a'7} mole. 7 Vice Mayor pluMer! Thank you, sir. So you've got to figure to the outside. Mr. Fernandez,. And then again, there is no absolute guarantee that they would then be motivated to get a complete CO. Because or the history with the City... as you know, the experiencd, Vice Mayor Plummer: Temporary. Mr. Fernandezt ... is that many a business concern operate. without final complete CO. So we need to establish it to standard in a time certain. Mr. Odio: It think it might be a solution... let me offer... Commissioner Alonso: Even if it is a temporary CO. Mr. Odio: Let me offer this. Why don't you start it the day after the ninetieth day? If they resolve the issue with the County, then you could f start it as of the ninety-first day. In other days, that would be the first -` day`of the lease, or the thirty years would start there. Commissioner De Yurre: I've got no problem doing that. That give them like what? - a year and -a -half additional? However, if we get sued because of that change.. Mr. Fernandez: Right. Commissioner De Yurre: ... then I want them to hold us harmless on that. Mr. Fernandez: That's right. Mr. Bailey: Now we get back to the motion. But first, I heard that, and I wanted it to be clear. Commissioner De Yurre: OK? - which is only fair. Mayor Suarez: OK. That's good. Now we've got the point. Commissioner De Yurre: You take it or leave it. You have the option, take the thirty from day one... Mr. Fernandez: Commission De Yurre, you got my gist then, of what I was trying to say. Commissioner De Yurre: Yes. Mayor -Suarez: Now, when you pose that question.t Commissioner De Yurre: I thought it was my idea? Mayor Suarez: Look what you are saying.- Holding harmless counsels- injthat - situation where you're obviouslygoingto be fighting to maintain in -effect your lease, you don't need to hold us harmless on that. You're going to be trying to accomplish the same thing legally. Basically means, defending the.', City:in;that suit -and paying for any damages if we were to lose as a result of r ail that. The likely relief if we lost, would be mandatory �or injunctive relief, 'it would not be monetary. They just simply want_ to reopen .the -` bidding. And the only other issue would be attorneys' fees if you were.` handling,those. In fact if you were representing the City because it would be in your interest to do so, it doesn't seem to have much of an impact. Vice Mayor Plummer: If it's the same deadline as proposed in the original105 le ase,"there.is no need of.worry about indemnification. x fS� Mayor Suarez: We know that but that's not what the motion says. The motion ': � wants to: give him- in "lieu of the forty-six years that they are requesting, reinstating the beginning of the lease as of the moment of this assignment, let's call it for a lack... so we don't call it a reformation of the lease, or whatever the correct legal term would be. r Vice Mayor Plummer: Can I ask a question for the record? ji ji 'Mayor Suarez: Please, Vice Mayor.* 107' Mr. Moore: He is not present Vice Mayor Plummer: OK. Do court, am I to understand that in the chambers. I understand that Mr. Whitmore who has us in he is agreeable to this negotiation? Mr* Fernandez: The answer to that, Vice Mayor Plummer, is that he has thrown himself at the mercy of the bankruptcy court, and the judge there has pretty much a final say as to how this company or this going concern is to be reorganized. Faison is coming in and saying, we want to be part of that reor aniz ti S if th C g a on. 0 12 ommission today .approves Faison as a viable substitute, then the bankruptcy court in our opinion would have literally the ;. power to force Mr. Whitmore to accept. Vice Mayor Plummer: OK. My question I guess I' am really asking, if this is approved by the bankruptcy court, do I have the comfort of knowing that Mr. Whitmore is completely out? Mr. Fernandez: Yes, Mr. Moore: Definitely. �r Mayor Suarez: A11 right.. With all of those understandings and the motion, ' the movant accepts all of those understanding and the second, because I heard him say, OK, it'sCommissioner Dawkins. Mr. Fernandez: Is Mr. Bailey clear enough on what the terms are? Mr. Bailey: No, I'm not. Mr. Odio: No, I am.` Mr. Bailey: You may be, Ism not. Mr. Odio: If, they accept the new terms the moment... the first day after the. ninety days are over, they have to indemnify this City., Vice Mayor Plummer: I think they are crazy to do that. Mr. Odio: If they don't, they don't have to. Commissioner De Yurre. They only get the thirty from day one. } Mr. Odio:. The day that... February of 1990. Mayor Suarez: -I'm sure they will agree to it, and I am'sure.will indemnify the City. He is already nodding. All right. With that understanding we have, a motion and a second. The Waterfront Board has endorsed generally this - understanding of -course that we've made a few minor modifications. John, may. we put that in the record? Mr. Fernandez: Yes. �t Unidentified Speaker: Yes, sir. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes. t F Mr. Fernandez; In all other respect and in all other regards, it is "as is" �4LF in the sense of the existing lease? s� Mayor Suarez: Absolutely. �r i Commissioner Alonso: Yes, Mr, Fernandez: Correct. Mayor Suarez, So moved and second. Any further discussion?. If pot., . k" - Y.f}5 r t ii ar r y� t F +zv''k-Ly. f h i 5 � in motion was introduced by CoWissioner Dawkins, who moved The follow 9 its adoption: MOTION NO. 91-394 A MOTION ACCEPTING THE SOC ATES ASOTHE EQUITYENDATION PARTNER TO SUBSTITUTE FAISON A5 OF THE DINNER KEY BOATYARD BETWEENTHE CITY VENTURE;INT FURTHER ACCEPTING THE DRAFT AG IN THE DINNER KEY BOATYARD JOINT FOR S" SENSE THEINCLUSION OF OF THE EXISTING LEAS , CERTAIN DESIGNATED TERMS US ION OFEED TO DURING THIS ISSUE BEFOREFTHE CONSIDERATION AND DISC CITY COMMISSION ON THIS DAYS DATE; ORDER THATPROVIDING FAISON MAY PERIOD OF NINETY (90) WORK OUT WITH METROS OSED ��- THE COUNTY CONCERNING OUNTY PRESENT RESTRICTIONS IMP ERING NUMBER OF DRY DOCK SLMANAGER AND FURTHER FTOR FINALIZE ISSUE BACK TO THE CITY ORDER IT ES ALL OF THE THE CONTRACT MAKING THAT ARE NECESSARYRTAIN TO PROTECT CT THE AGREED -TO SAFEGUARDS CITY. by Commissioner De Yurre, the motion was passed and n seconded Upon being adopted' by the following vote: AYES: Commissioner Victor De Yurre Miller J. Dawkins Commissioner Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor J.L. Plumper, Jr.. ABSENT: None.. COMMENTS MADE AFTER ROLL CALL: tht itnot Vice Mayor Plummer: f t m My answer has to be no, based on the fecevenathoughsthat: is 'actually an extension ohoped as 'what was awarded. It I would have It is an extension, it is a deviation. I have to.vote, time is two years. that they`would have accepted the other, but they did not, so no. Good luck. Mr. Moore: Thank you. NOTE FOR THE RECORD: At this point, Agenda item 10 ; <k was withdrawn by applicant. ,.ra n NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES PLANNING AND ZONING CONSIDERATION OF ITEMS ON THE 7R PORTION OF THE AGENDA-34 P� f r 4tk Z4, $I 109 , +tititaia►.YSYriiYilcii�csrscaar.Y.BWirvs.s..sm��.�aLm.i.ca+rrac. r..a+o+ai r5 fir .ra.w.i.as r.wwwc�sr;rr rr .w�+�wca.a.�..ar Y.rsw®�Ccaa r�i. i 1 FIRST READING ORDINANCE: AMEND 11000 ATLAS � CHANGE DESIGNATION AT 1000 SD-16 SOUTHEAST a N.Wr 1 AVENUE FROM R-A MULTIFAMILY RESIDENTIAL TO COMMERCIAL= -RESTRICTED DISTRICT (Applicant! Darr. ; ; OVERTOWN PARK WEST Zbar). -----------w--r�a YY�YrYyiii-Wlrw Yiw�YiYY�YiY...W.iYiilYSlfL.. -wr— IiYfrW wrl�Y�L—�YWii.i1=`W—iY�W==.r.rr-------� Mr. Darrel Zbar: Yes, sir. Mayor Suarez: OK. Madam City Clerk, before we begin the Planning and Zoning, are going to hear testimony would you please remind me in every item that we — to swear people in please? Ms. Matty Hirai: Would you raise your right hand? We are going to swear you r in. Vice Mayor Plummer: Was this item...? Item 10 was withdrawn? Commissioner Alonso: Ten is the one... this one, yes. Ms. Matty Hirai: Yes, Mr. Mayor, only he, or...? Mayor Suarez:I'm sorry, -Madam City Clerk? Wait, before we do that. Is this on this item? Mr. matter a controversial dispute? Who is going to be heard indication? We are going to have a little battle Olmedillo, do you have any here, or what? s Mr. Odio: No. Mr.'Olmedillo: No. We already spoke to the community about it, and we; did - k not receive any negative comments on -Mayor Suarez: hoes anyone wish to be heard against the application of PZ-1? - that, one stepped Against :the application of _PZ-1? Let the record reflect no forward: Somebody wants to move? Do you recommend it? v Commissioner Alonso: Yes, I so move. Mr. Olmedillo: Yes, sir. We recommend the item. _ r . Mayor Suarez: Moved by Commissioner Alonso' Seconded by Commissioner Dawkins, Planning Department recommends approval. Zoning Board approval, eight to zero. Vice Mayorl Plummer::; What are; you building there, sir? ? Yy: 1 r f Mayor Suarez: Now we've got to get him sworn in. AT THIS: POINT. THE CITY CLERK ADMINISTERED REQUIRED, OATH UNDER. ORDINANCE,,., 1Q511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. F� Commissioner Dawkins: Pull the mike up, sir. r s Vice Mayor Plummer: What are you intending on building at 1000 NW 1st Avenue? x Mr., Zbar My name is Darrel Zbar. I am the ownerr of the property. My ^fi address, is Past Office Box 630, Hollywood, Florida, 33022. My;intentionS thisproperty are ;to bui 1d. a small - 600 square foot -to. 1000 square -.foot store for which I already have a tenant. Vice Mayor Plummer: Atour? ,a x � Mayor�,Suarez: Store.� Mr. Zbar; Store. Vice Mayor Plummer Store ° _ Mr ZbAr. Yes, sir, rr V `. 1 -4401 IRV Vice Mayor Plummer: And is this in compliance with the rest of the 26nirig in the area? Mr. ClMedillo: That's correct. This is right next to the SD-16 which is one Of the special districts, which is a mixed used district - commercial and... Vice Mayor Plummer: the question I am asking is, 1 see the map shows R-4. He is presently in the k-4? Mr. dlmedillo: Fight. But if you look at the aerial photograph that you have in your packet, you will see that this is a corner which is right next to the metrorail station - that line. Vice Mayor Plummer: Why isn't that entire area being proposed to change to the SD-16? Mr. 0lmedillo: Only this applicant came forth with his property before the x City to file for this application. x Vice Mayor Plummer: OK. What happens if he doesn't build, or doesn't -take out a permit? Then his property is more valuable. Mr. Olmedillo: That is correct. Vice Mayor Plummer: Then I want a time limit with a cash bond, that he will build or pull a permit within "X" number of days, or he forfeits the bond. Now that's only fair. Sir, how long before you will be pulling a permit? 'In other words, I am trying to cut out speculation. Mr. Zbar: With all due respect, Vice Mayor. Mayor Suarez: He said he had a tenant, and I... Mr. Zbar: I am not speculating. I have already retained an engineer and in... ;t Vice Mayor Plummer: Will you be pulling a permit within six months sir? Mr. Zbar:` My intention is to pull'a permit within thirty days of 'the final... Mayor Suarez: That's within six months. Vice Mayor Plummer: So six months would be no problem? Mr. Zbar: No problem, sir. f- Vice Mayor Plummer: And you are willing to put up a cash bond of say, five thousand dollars ($5,000) that if you don't pull a permit in six months, that the cash bond goes to the City? Mr. Zbar: it depends on for what reason the permit is not awarded. If I have problems with the City in mechanical, or engineering, because I have to go r back to my architect, or whatever, I am not going to forfeit five thousand dollars to build a twenty or thirty thousand store. x Commissioner Dawkins: Thank you, sir. Vice Mayor Plummer: Are you willing to go back and automatically have this y matter rezoned? Mr. Zbar: At my own expense for another fee of three thousand dollars? A. {s Vice Mayor Plummer: I'd give... sir, took, what I am saying to you, you're. asking us to tremendously increase the value of your property. -rx :: Mr. Zbar: I do not think, it's going to be tremendously increased. i"`'think:.' the value is... �. fl Mayor Suarez s Wei that's his opinion. If you argue about, tthat,°.we wit01 never get- out of here. 49U5 Mr, Zbar. AK.w the permit. Mr. Zbar. No. Mayor Suarez. Well let me break through this very quickly. Mr. Zbar: I don't have fire... Mayor Suarez: Mr. Manager, Mr, Planning Director, Mr. City Attorney, Madam City Attorney, Vice Mayor has been trying unsuccessfully, and the rest of us are kind of supportive of this, perhaps not with the same vehemence, to have a self executing system of people who come in here and get a rezoning and after a few months, or a year or something, nothing happens and it seem to us that maybe they were just sort of speculating with the land, lose it. Do we have any progress on that? He is creating an interesting way of doing it today W through a bond. Mr. Olmedillo: What we have provided the Commissioners and you Mr. Mayor, with, was the information of the properties that were rezoned within the last year. That way we can bring it back... Mayor Suarez: Self, nice self executing... there is no way to do it? - mechanism? - Mr. Olmedillo: The only legal way that we found is that bring it back, the City will bring it back after a year... Mayor Suarez: And we have to go through the whole process again. Mr. Olmedillo: And then go through the process again. Mayor Suarez: OK. He was trying to set it up through a bond. ':I think he is not going to be able to meet that. If you want to try to put a lower bond, maybe. Vice Mayor Plummer: Mr. Mayor, anything. All -I am saying is, ,that I don't' want to sit here and enhance his wallet at the expense of the taxpayers. Mayor Suarez:, Make it a twenty-five hundred dollar bond that if you simply walk away... { Vice Mayor Plummer: Of course it's voluntarily. Mayor Suarez: Simply walk away from your project, not because. of anything a that... any impediment that has come up in the regulatory process, but because of your own free will, simply to speculate and sell it to somebody else, that you will lose the twenty-five hundred dollar bond. Mr. Zbar: I'd be willing to enter into that agreement. Mayor Suarez: All right. r=< Vice Mayor Plummer: You got it. Six months? - U Commissioner Dawkins: Say, seven." Mr. -Zbar: Six months, assuming that the reason I don't get the permit because Iihave problems with the City... Mayor Suarez;` Yes', I said that.; 2 s AwC WY Vice Mayor Plummer: OK. Mr. Zbar: I'm not going to walk away from the project, so I'd be confident in myself � Vice Ma or Plummer• You'd volunteer that? - ail ri ht Ybu#II have ih commitment in writing prior to the second reading? mow= Mr. Zbar. Yes, I would. �- f � Vice Mayor Plummer: I'll move it, Mr. Mayor. ` k Mayor Suarez,. Moved, Commissioner Alonso: It was already moved. Mayor Suarez: Seconded. Commissioner Alonso: And second. r, Mayor, Suarez: And seconded. Anyone... any further discussion? If not,_ please read the ordinance. Give us a real life address before the secondu reading, if we would. I don't know that we can impose that, but Id really } y like to have it. I'd like to know where you live as opposed to a P.O. Box. God knows, how we will find you. Vice Mayor Plummer: Go`to'Hollywood and ask for his name. Mr. Zbar: My home address 1's 4222 Pier Street, Hollywood, Florida, 33021. Mayor Suarez: Thank,you. That helps. All right. AN' -ORDINANCE ENTITLED- - _ AN: ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0.'11000, AS AMENDED, THE ZONING ORDINANCE :OF 1HE CITY OF MIAMI, FLORIDA, BY CHANGING' THE ZONING CLASSIFICATION FROM R-4 MULTIFAMILY RESIDENTIAL TO SD' 16.SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED =V DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY r; 1000 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, ALSO x'3 DESCRIBED AS LOTS 32, 33, 40, 41 AND 48, BLOCK 16 P*'W.`WHITE'S RESUBDIVISION, AS RECORDED IN PLAT BOOK B, AT PAGE 34 OF THE PUBLIC RECORDS OF DADE COUNTY, -FLORIDA, AND' BY MAKING' ALL THE 'NECESSARY CHANGES ON�r PAGE NO. 23, OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY'CLAUSE. �y Was';introduced by Commissioner Alonso and" seconded by,=Com. ssioner Dawkins and was passed on its first reading by title 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. x 4 ABSENT: None, ru, The -=City Attorney read the ordinance into 'the public_ record .find; announcedthatcopies were available to the members of the City COmnission nOy� to the .pubi i c, COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: The gentleman in the bacE` there, have him come to the mike: 'hegentleman,against the wall,You'recin the Planning oepa#int Mr, .:Aregory°Gay: Yes. My, name is Gregory Says j am the Ov+a�town ileighbo�+go�1 { Pienner,fr the City'of Miami. . k r Cterimissipner Dawkins; How long have you been wish u? fs +3 z; x iY Y i've ��en itri the Planning Department for two and�ahalf yeara� f.. prior Via► that,.Y was in Public Works. — .:.. 3ust decided to bring him down Commissioner Dawkins! Why you all here? OK.i I'm glad to sea -YOU, .1 haven't seen you before. Mayor Suarez: What's your name again? Mr. Gay: Gregory Gay. I am a City resident also. Mayor Suarez: Very good. Commissioner Dawkins: Ohl You can work a tong time with us. Mayor Suarez: All right, PZ-2. I'm sorry, did we call the roll on that? Commissioner Dawkins: Yes, we did. � , r Mayor Suarez: Yes, we did. - -- rW---r-err-r+iii—------- ii --W rrrri�rrrrr rr rrrrrrr rrrr rr ------ ---- ----- -- 204, FIRSTREADING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT - 2001-2193 N.W. 36 STREET FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ-2. _Mr. Joe McManus: Mr. Mayor, and members of the Commission, item PZ-2 is 2000- 2193` NW'-36 Street. This is initiated by the Planning Department. The Planning Department recommends approval of the change of zoning to C-2. A note for'the City Clerk. It's C-2 liberal commercial, rather than general as shown on the fact sheet. w Mayor Suarez: We are the applicants ourselves. Is there anyone wishing to be heard against -this -item? Let the>record reflect no one stepped forward. entertain & motion on PZ-2.: Commissioner Alonso: Move. Vice Mayor Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance.. n AT' THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE '4 - PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. F Commissioner Dawkins: Discussion. Mayor Suarez: Sorry, Commissioner Dawkins.�� Commissioner Dawkins: Commercial general, general commercial, does that mean that nursing;hanes`and'missions, and all can be put, in on 36th Street?� Mr' -"McManus: -Commissioner, this... that would take a, special ,exception, This „ {i area is'l-srgely'bui� t up witKwelding shopsand",auto"salest'ands auto,,, I Commissioner Dawkins; I'll ask My question again. Mr. McMsnus: -It would take a speoiai.exception. r nrw Co missioner Dawkins.; Sir, does the rezoning permit missignCoinQr-egat I vingr And, other"houses like that? floes this zoning'�han§e permit Mr. McMain s, es • - ja �� � }T j ► 114` ti�nisionr� tlaWkihstt does? So therefor, with th if And I fl Clot pitkon them, the' Camillus House decided to Move on6thtire�t, in b-tsuse of the Zoning, they Could not be stopped, Is that correct? i slice Mayor Plummer: No. Camillus House operation takes a special permit. �- Commissioner Alonso: With a special exception, you cannot stop them. Mr. McManus: Special exception in C-2. Commissioner Dawkins: Beg pardon? Vice Mayor Plummer: Special condition. Commissioner Alonso: Special condition. - Commissioner Dawkins: And a mission needs as special condition? F'. S Mr. McManus: Yes, sir. Special exception. t Commissioner Dawkins: Mission? A mission? ' Mr. McManus: Rescue. A rescue mission. Commissioner Dawkins: A rescue mission. Mr. McManus: It's a defined term. A rescue mission. Vice Mayor.` Plummer: Yes. Commissioner Dawkins: A rescue mission would not need a special condition. Mr..McManus: It would need a special exception permit.`' Vice Mayor Plummer: It would. Mr. McManus: Yes, with a`public hearing. t �3 Vice Mayor `Plummer: I don't think that there was any zoning classification in % Which it was a permitted use, was there? Mr.McManus: I'don't believe so. Vice,Mayor Plummer: I thinkanywhereit were to;go in the City, _it would take F E a special condition. Commissioner Alonso.: So actually,.. I want to be clear .that the question Commissioner, Dawkins asked is answered properly, If'Camillus.House'wants'to R; move into -that locati,onl.they;will,need a special exception? i Mr. McManus: That's correct: f I Commissioner Alonso s And therefore, we have the right to say yes, or no.,," ViceMayor Plummer: And anywhere in the City. t. Y L� Mr. McManus: Yes.r l - 4 Commissioner Alonso; OK. Fine. x Commissioner Dawkins; OK. Now, let me tell you. I see, you've 94t this; on here, so.I may as well make. my speech now,. OK? y 3 #5 : Y1oe 14 or Good. Mike it., ; x .Plummer Commissioner Dawkins: I live out there, OK? All right, I have to talk a long Xr time until he comes back. I also live on 5th Street, 0K? Now, I don't know i, why. than you are desirous, and when I say you, I mean the departme:lt Qf taking the commercial strips, corridors in my neighborhood out.I? lfp9 reFrt going to wand to.., 4,11 right, this 36th Street, Now yet are gQitl Street 14ter on in herd, and ,you are taking ali that,: 14 Ca mpocio :.and 1#' putting in general commercial, which means that in the 0V90t,� some i�ia�► i"the�l i and E ' 115 Tj 1M1��-F� � � an. -tea. .} s Y a�"rrCR�yk Y 7s f people decide to put bakery shops and other light commercial things in the ° heighborhood, they will not be able to put them there, Now I want one of you guys in the department to tell me when you change this, and whateveryou there on 36th Street, where will the parking be? Where are they going to park? Mr. McManus: Commissioner, that area is largely built up now along 36th Street in the C-2... If, Commissioner.., Commissioner Dawkins: Where will... all I am asking you sir, is, where will, whatever you put there, where will the people park on 36th Street? Mr. McManus: Commissioner, if a new establishment comes in there, a new one, establishment comes in, they will be required to meet the City's parking requirements. }Y' Commissioner Dawkins: How can...? Well OK, now, this is 2001 and up to 2193 NW 36 Street. That's just before you get to 22nd Avenue. Now, I do not care what you put in there, unless you put it upstairs, and have parking under, _ there is no place for parking sir. Mr. McManus: That's right, Commissioner. Because the area... it's a strip _ along there is developed now. Commissioner Dawkins: So that's what... so all I am saying to you is, you're coming -here, making these changes, and the individuals who go in there to 1: develop are going to have a problem because there is no place to park. And when people put their business there and you double park to go into the business, we're going ft have an accident, or they're going to get tickets. Now, did anybody think of`that before you decided to bring this here to change it? Mr. 'McManus: Well Commissioner, if a businessman wanted to put a business on 36th Street in this area, a new business, he would have to meet the City's parkingrequirements. Commissioner Dawkins: How can...? Where is he going ;to meet it. Mr. McManus: He would have to provide enough area, enough land area .for parking next to his business. Comnissioner>Dawkins: You know, you know where it is, right, OK? Thirty-s.ix Street is an artery to Miami International Airport. It's full .of traffic. There is... and behind them, is residential, OK? North of 36th Street is residential-. So now where are you telling me these people can make provisions for parking? See you keep telling me, if at businessman comes in, ;the businessman must make provisions for parking, wten you've got him in a bind. There.is no space for him to park on. Because.,wnatever he wants to put up is going to use... all of that would use the little bit of land that he has got, h 'And there is no place to go in the back to park; and he can't park -any place in front. Now if I'm.in error, somebody correct me please., Mr. McManus: Commissioner, .for example, .there are auto sales --used car auto sales lots along the north side of,36th Street. For example, if .a business'.fH; -;° person wanted to buy one of the existing auto sales lots and put ;up a r �1 building, and put a business in the building, the City would require him to YY provide the necessary parking on the remainder,oF the lot, Commissioner Alonso: OK. May I ask some questions please? The {only mason ? that we are doing this as the way I understood this to be, it's'beca4se we ,�{{ .have this business in existence right now, and ` they are grandfather ed i� concern - of the administration is, that if they need to do any: kind pf repai r L' Ej+ to the existing property, It will be; i i l egad to.do i t. Is that _might? can 1 4�4 Mr. McManus: They only do repairs up to an additional twenty-five pereegt ;. of the property. There are constraints.., w � t 5 t $ { c , ! t k` 1. a f`.�. j f t Mj Gatlxnissicner.Alot�so 0, do we have anything in affect within the laws Of the City of Miami or any adjustment that we can make that we can protect these people', and only these individuals that are already having a business in the area, and not changing this for the reason as stated by Commissioner Dawkins' Do We have anything in effect that could do so? Mr. McManus: Commissioner, right now tnese ousinesses are essentiiaiiy grandfathered. — Commissioner Alonso: I know that. Mr. McManus: Nobody can touch... Commissioner Alonso: But they cannot do... let's say they have a fire, and they want to rebuild what they have or a larger portion of the property. They are not allowed by law to do it. Is that right? - Mr. McManus: That's right, if they are out... Commissioner Alonso: And isn't that the reason why you are bringing this to us now? Mr. McManus: Yes. Commissioner' Alonso: 'OK, now the concern of Commissioner Dawkins is if someone new comes into the area. That's his concern. In order to avoid having this problem, can we do something that will protect the people who are already in the area by... 1f something like this happened, can they really rebuild their own business? Can we do somethirg like this to protect them, and` not having to change the entire area? So that we will cover both ends. The concerns you have and the serious concern that Commissioner Dawkins has who have some important value. Mr. McManus: Well, we had suggested the change of zoning to liberal commercial to provide not only grandfathering for the existing businesses, but also to provide some relief for them. Now, if the Commission.,.. Commissioner`Alonso: In what sense? Mr. 'McManus: In the sense that they would become conforming -uses -in C-2, they would no longer be constrained by... for example,if they we out of business for six months and a day, they couldn't reopen. If they rezoned a C... r Mayor Suarez: Why didn't you do that? You were heading in an interesting direction there. Why didn't you do that? Vice Mayor Plummer: No, that's already in the ordinance. F. Mr., McManus: If we rezoned to C-2, they don't 'lave that problem. there are conforming uses in C-2. Commissioner Dawkins' problem is;if.a new business came into' `the area.' And, offhand, 'the only ' relief. I could � suggest - i s' for the" . r. Commission' to ` direct' the administration to 'look at the ` problem of new {� businesses coming in the area and afford some relief for the parking requirement. Commissioner Dawkins: OK, let me tell you., liberal commercial - let me read. it to ;you - says, "...walk in businesses,' businesses including paint and body shops, contractors' offices and yards, auto repair, garages, storage "yard . g 9 9 , y . , ,: electric motor repair, shops, andair'conditioning services, in addition'' tQ`` �k other commercial Use." The commercial business says that the businessesis ,UR for the all e:<i sti ng uses whi l e : l eavirlg,_ commercial.., , that's ree . All right, I it Tea've' that al'one"`till' i • you get to 54th Street. L Vice Mayon Plummer Let me ask a`question. Excise me, I was having myIunch 5 and dinner, Mr. City, Attorney, I'm fully awe"e that you cannot condition 2k zoning. But, in the case of a private applican";,-he can volunteer to commit-; himself through a covenant, y Mr. Moxwell; Well, first, Commissioner, .you s4it! that, you were aware that �rcu z couldn t conditional the zone. You may condltionel ZOne, You cannot contract 'xy zone. And, yes, a property owner may submit a %;rv4n4nt. �1 z f Vice Mayor Plummer: All right, my question, I guess, is one of practice. t Where the City is an applicant, in this particular case, trying to address the concern of my colleague, can we attach a stipulation in, for example, in changing this to a C-2 that no one can ever come back in for a variance or conditional use for parking? Is that acceptable? I :Wean, Dawkins, as t understand it, your concern is a new business not providing adequate parking4 Commissioner Dawkins: That's my only concern, J.L. Vice Mayor Plummer: OK, now, we know what happens. We, who have been here for a while, know that people continuously come back in and ask for a waiver of five parking spaces or four parking spaces or ten, and they're not adequate to begin with. Can we impose upon the City, as an applicant, that, -for example, you can never come back in and ask for a waiver? Is that possible? Is that legal? ; Commissioner Dawkins: Not only that, J.L., they also come back and for special exception to park in the residential neighborhood. Vice Mayor Plummer: Well, that's what I'm trying to avoid. Is that possible? Commissioner Dawkins: See, and that's what I'm trying to avoid. Mr. Maxwell: You can amend the Code for that particular zoning classification and providing that zoning classification... Vice Mayor Plummer: No, I'm not talking about that. I'm talking about where the City isn't an applicant. OK. I'm not talking about C-2 in general. I'm saying, if a private person came up here as an applicant, I can extract from him anything he is willing to voluntarily give. Mr. Maxwell: But he, but... Vice Mayor Plummer: I can't speak to Mr. McManus. He can't volunteer on behalf of the City. Mr. Maxwell: I think the answer is no, and I'll tell you why. I think the answer is no because when a private property owner comes before you, they are speaking as the owner of that property, and they are providing you a covenant that runs with the land. And they can bind that particular promise to that property and to anyone who owns it in the future. The City does not own this property, so it cannot do that. Vice Mayor Plummer: I understand that. Commissioner Dawkins:OK, what happens to 36th Street, from 17th Avenue to 20th Avenue? Mr. McManus: Commissioner, there's a.. on the south side of 36th Street it's C-2, opposite the high school. I think it's all C-2 on the south side. And except for the high school on the north side, it is C-2,next` to the high school, and then the area we've just been discussing. r Commissioner Dawkins: OK, what property did J.L. want the school..,.what property does the school board want there to enlarge Miami Jackson? r- r Vice Mayor Plummer: It's behind 36th street, I think. Commissioner Dawkins: Yes, but is it still in the City? OK, I have. no qt li` t further questioning, Mr. Mayor. r 2 F Mayor Suarez: Do we have a motion and a second? I believe we do, on the 2Y item. Any further discussion? Vice Mayor Plummer: Is that to approve? Mayor Suarez: Yes. Now please read the ordinance. Ms. Hirai: It's been read, i 5 Mr. Maxwell; The ordinance has already been real, sir, f Ile 914 53�3 a M s Ms� Hirai: '�e5� y. Mayor Suarev Call the notl� Vice Mayor Plummer: Well, excuse me* i would hope that before second N reading, that you find a way to resolve the fears of not only"Comnissi"onar Dawkins, but myself. Mayor Suarez: OK. Mr. McManus: Commissioner... Vice Mayor Plummer: Because I'm liable to vote against it on second reading6 Mr. McManust Commissioner, if the concern is the strip along 36th Street, we could establish a special zoning district along 36th that perhaps could preclude asking for a variance for parking. And write that in there. 7 Vice Mayor Plummer: Well, that's... — Mayor Suarez: Before you... _ Commissioner. Dawkins: Wait. But if you don't ask for it, you create the problem for the gentleman or lady or whatever who go in business. Mayor Suarez:' Before you do that, brief each Commissioner, please, Joe, as to exactly what.::... Vice Mayor Plummer: Yes. I Mr. McManus: Sure. E- i Mayor Suarez: Thank you.: Vice Mayor Plummer:— That's fine. y4 k: Mayor Suarez: Call the roll. S f AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE irG t , NO.<11000,;THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATIONS. OF THE PROPERTY LOCATED AT APPROXIMATELY--2001-2193 NORTHWEST 36TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-3 j MULTP-,FAMILY. MEDIUM -DENSITY RESIDENTIAL; AND C-1 tr RESTRICTED, COMMERCIAL, TO, C-.2.:-LIBERAL: COMMERCIAL; BY �> MAKING FINDINGS;` BY MAKING ALL NECESSARY CHANGES- ON PAGE NO. 19- OF SAID ZONING ATLAS; CONTAINING A REPEALER .-PROVISION AND SEVERABILITY CLAUSE; AND xt PROVIDING AN EFFECTIVE DATE. Was ;introduced by Commissioner Alonso and seconded by Commissioner } Plummer -and was passed on its first reading by title by the following vote;: ?fEfEfE AYES:' Commissioner J. L. Plummer, Jr. ' s s� �-Vice={.Mayor Miller J. Dawkins 9 Mayor Xavier L. Suarez a� NOES: None.. ABSENT: Commissioner Victor De, Yurre:. Commissioner Miriam Alonso. 4 The City Attorney read the ordinance into the public record and announced that copies were .available to the members of the City Commi 6sion +aid to the public, c § Jf7 { u� v i'`Ysm�th, E .Fr Y t �iiiIiliiiit�iUitiilr:sa'.iaisaMie liiiiY irtiY wli:�itr+u..+Iit7rlrfairiYYtil.rci'cw�aiGecrsar ......iiWin:aGt�:7ticrit ai t+nmaY r.irw/ii'tiiitas Y.YCaiiim l7 i► -, 21, FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 3710- 3 3780 N.W. 22 AVENUE FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL. COMMERCIAL (Applicant: Planning, Building 8 Zoning Dept.) WWI WifiiWW..i11►r`i1YYYiiYlliiYl.IfiWlf►Yti.1 i1YWW W++IYWY-1iWY—.fliif..irilWii i..l.PYW-- ---------------- Mayor Suarez: PZ-3. Plannlnq, building and zoning. Is the applicant..6 does anyone wish to be heard against this item? Commissioner Dawkins: Companion up... this is companion, I move it. Mayor Suarez: Yes, moved. Mr. Joe McManus: Very similar item, Commissioner. Mayor Suarez: Moved by Commissioner Dawkins. Seconded by Commissioner all the way to my left. He's so far left, he's almost a socialist. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - 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 PROPERTY LOCATED AT APPROXIMATELY 3710-3780 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-1 RESTRICTEDCOMMERCIAL TO C-2 LIBERAL COMMERCIAL; BY MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was Introduced 'by Commissioner Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ;r ABSENT: Commissioner Victor De Yurre` Commissioner Miriam Alonso. The. City Attorney read the ordinance into the public record and 4 announced that copies were available to the members of the :City Commission and . to the public. COMMENTS M ADE DURING ROLL CALL: Vice Mayor'Plum er: .ithe'department. from the end of the yellow down to 36th Street, what what is that zoning? Y Mr. McManus: C-2. If you can see it from there, it wraps up around,., r Vice Mayor Plummer: OK, and you're asking that that last remainingportion ak` become C-2? W Mr. McManus: Yes. Vice Mayor Plummer: And across the street wi i l sti it 'remain C-1? ` 4a rc t� Mr. McManus:` Would remain C-1. „ t Vice Mayor Plummer: And that makes good sense? —{: Mr. McManus:` We've been out there a couple of times now,., G v a ys 120 \ 4 S 4r i. Vine Mayor Plumate You have one side of the street zoned one thing, and one Side of the street toned another, And that makes good sense? Huh? Mr, McManus: To us it does, because we're trying to protect the C-1 uses on one side there. The existing uses. F Vice Mayor Plummer: Well, OK. You know, I don't think we should be a ' pardoning board, and that's what we're getting more into every day around here.OK. — iirrW-�iir---iL--rr-------- ------------ --1---ram-r----------i1r�—rrii iG : 22. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING CLOSURE OF PORTIONS OF N.W. 37 & 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES: PORTION OF N.W. 18 AVENUE BETWEEN N.W. 36 AND 39 STREETS; AND N-S ALLEY LYING 126' EAST OF N.W. 19 AVENUE BETWEEN N.W. 38 AND 39 STREETS - AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1386-A: MIAMI JACKSON HIGH SCHOOL - SUPERINTENDENT OF DADE COUNTY SCHOOL BOARD AND CITY MANAGER TO NEGOTIATE FAIR COMPENSATION TO THE CITY IN LIEU OF LAND REQUESTED FROM CITY (Continued to June 20th). rr--rr--ram---------r—r—------------------------------------------------------- Mayor Suarez: Pz-4. - vice Mayor Plummer: Mr. Mayor, I have a great objection on PZ-4. It was the instructions of this Commission at the last Commission meeting that this matter was not to be brought back on the agenda until such time as the Manager had met with the Superintendent of Schools to negotiate approximately $3,000,000 worth of property that they're asking for. I have not heard, and I don't believe there has even been a meeting, between the superintendent and the Manager. Mr. Odio: Well, I'll tell you what. Delay it again. Withdraw it. Vice Mayor Plummer: Well... Mr..Odio: Kill it. Vice Mayor Plummer: ...I would just ask... Mr. Odio: No they have... Vice Mayor Plummer: As you will recall, Mr. Mayor, my... Mr. Odio: They will not give anything, OK. t Vice Mayor Plummer: My concern at the Last meeting was, in fact,' the SRO 3 program which we are spending $800,000 a year to provide for the school board. They're now back before us asking of them to give them a piece of property which is owned by the taxpayers of this City that I am told by the department is worth in the neighborhood of $3,000,000. And I'm saying the City should get something back for it. Now,`you know, the School Board just passed ;a',- what.was it? - a one billion dollar bond...y }}} Y Commissioner Dawkins: And raised my taxes after passed the bond. ,it Vice Mayor Plummer: Well, you know, and I'm not going to=.get into -the point r that' some of these schools that I see they're building from those are really^ monuments to the architects who are building them rather than functional schools. And it doesn't surprise me that they're already 'shortof money.;. But I would like to, Mr. Mayor, once again, as did at the 'last meeting as -part ;} { of the motion, that this matter be deferred until such time as the 4 Superintendent sit down with the Manager and negotiate out this item.' Mr. Odio: He has said no, he will not. But I tell you something.:. ; Commissioner Dawkins: J.l., J.L...� Vice Mayor Plummer: Sir? t .. i/1 0 { K w L4 $ Comissionor Dawkinsi J,Ls if he does not want to pick up want is say-hifo the School Board... Vice Mayor Plummer: Yes, sir. mean, I don't Commissioner Dawkins: If he does not want to pick up the cost of the school resource officers... Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: ...then why doesn't the City of Miami set a price on which they can buy the land for? Vice Mayor Plummer: I have no problem with that, sir. Commissioner Dawkins: But give that direction to the Manager. r t Vice Mayor Plummer: Fine, you want to do... I'll even accept another parcel - of land being given to the City in lieu. But I am not going to turn over what is approximately $3,000,000 of my taxpayers' money to the School Board for 'c nothing. That's it. I move -.and I beg the indulgence of my colleagues this matter be deferred until such time as they sit down and negotiate. I so move. Mayor Suarez: So moved, Do we have a second? Commissioner Dawkins: Victor seconded it. - Mayor Suarez: Seconded. School Board want to say anything? Vice Mayor Plummer: Yes. Commissioner Dawkins: You just work here. Mayor Suarez: I'll be voting negatively on it, but I'd -like to see... Vice Mayor Plummer:' I would be deferring this, of course, Mr Mayor;- for further information.and:to use as comparables of the area to establish and, in - fact, those numbers given -to us are, in'fact, the 'numbers `that are realistic: They might not be, and then I would be in. -point 'of being corrected. .i Mr. Michael Levine: I certainly can't add anything, Mr. Commissioner. Your. feelings are well known. 4 Mayor Suarez: Well., at least put your -name -on the record so we know who it was that was here, and... z Mr. Levine: I'm sorry. Mike Levine,:Dade County Public Schools, Site } t Planning Department.ez -Mayor-Suarez: Who was here and was run over by a bulldozer, so to speak. F G rY. Mr. Levine: As: you say, Commissioner, I°° just work: here, Tfie K Superintendent.., ° Mayor:Suarez: That's good, that's a good statement, goodbye. You'll"do.real 5� well with that one. Anything else might get you in trouble. And it's really note your deal-.: I mean, it's 'something that is determined by the School Ooard and the superintendent. p� Mr. Levi no;, Wet 1, the only thing Id, like to add certainly Is that.. tht , 'and Superintendent has communicated by a letter with you, Mr. Mayor, it has -1 vx _ not been ignored by the district. Vice Mayor Plummer; Well, it depends on how you define ignored. They will not pick: up the school .'resource officers program. OK, that'4s fine, as. my colleague said. Write us a check for $31000,000 as an alternative. We"lt;be 5 glad Ito:accept that, But sit down and absolutely refuse: to sit do_04ndAelc, rz Ism going to take the same attitude. I'm not: going to ;talk unti9 you';re3°eciy � to,sit down at the table and let's talk about it. Its ,just that simpaa, �' Mayor Suarez; OK, call the roll, �3 $$ 122 y43 ? 1 r i M) 1 ry''-• t the following motion its adoption: was introduced by Commissioner Plumer, who moved MOTION NO, 91-395 A MOTION TO CONTINUE AGENDA ITEM Pt-4 (PROPOSED RESOLUTION TO CLOSE PORTIONS OF N,W. 37 AND 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES; PORTION OF 18 AVENUE BETWEEN 36 AND 39 STREETS; AND N-S ALLEY LYING PLUS OR MINUS 126' EAST OF N.W. 19 AVENUE BETWEEN N.W. 38 AND 39 STREETS; ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT "MIAMI JACKSON NIGH SCHOOL" • FURt'HER REQUESTING THE CITY MANAGER TO NEGOTIATE )THIS ITEM WITH THE SCHOOL BOARD FOR APPROPRIATE COMPENSATION TO THE CITY. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: None. 23. (A) CONDITIONALLY APPROVE MAJOR USE SPECIAL PERMIT, FOR THE FEDERAL LAW ENFORCEMENT BUILDING PROJECT (FEDERAL JUSTICE BUILDING & GENERAL SERVICES ADMINISTRATION BUILDING) AT 53-73 N.E. 4 STREET AND 400-446 N.E. 1 AVENUE -_INCORPORATE CERTAIN, BUILDING SPECIFICATIONS_ AND GRANT VARIANCE FROM ZONING BOARD AND RECOMMENDATIONS OF OTHER BOARDS (Applicant : 'Departmentof Development & Housing Conservation);. (B) INSTRUCT ADMINISTRATION TO STUDY, REQUIREMENTS FOR NEW SIDE SETBACKS AND HEIGHT -LIMITATIONS UNDER R-1 ZONING CLASSIFICATION AND REPORT BACK. r ------ - - -------------------------------- -------------------- --. Mayor Suarez: PZ-5, Housing .and Conservation Department. G -Mr. Joe, -McManus: Mr. Mayor, members of, the Commission, this is approval . of major use special permit for the Law Enforcement Building. This item is... the Law'Enforcement Building has been before you a number of times before. think -you're all pretty well acquainted with it. Mayor Suarez: I'll entertain a motion on PZ-5. Does anyone wish to be heard ;against it? Let the record reflect no one stepped forward, because I am sure you're representation of GSA, right? ., Mr. Cubbedge Phillips: Yes, sir. rr Commissioner Dawkins: G.S.A.? Mr. Phillips: Yes. Excuse me, no, sir. I am Cubbedge Phillips, I reside at ;*; :135 N.E. 43rd Street. I have a business... Mayor Suarez; Are you going to be speaking against the application? Against. t them? Mr. Philips;, Well, I think I am. I'm confused over what.t is` �x N Mayor Suarez; All then, let's... QK, all right.. well you maybe gust need;to ' be sworn' in for clarification even just so we oon't run afoul of our own ordipance. t 123 k r �Y � t At ,tHI`S POINT, THE CITY CLERK ADMINISTERED REOUIREO OATH UNDER'ORDINANCE NM — Y.- 1061i TO THOSE PERSONS GIVING TESTIMONY ON 20NINO ISSUES$ Phillips: As far as I know it.— Mayor.Suarez: Proceed. What do you need to clarify? Mr. Phillips: The notice received doesn't actually read the "same as I'm picking up here on your agenda. In the notice it says that 260 spaces are required and 67 to be provided. And a variance to the truck loading bays, four required and zero to be provided. It doesn't seem like your agenda says the same thing, and I need clarification before I can really address it. Mr. McManus: There was a variance for 213 parking spaces, 280 required, 67 were provided... which was heard by the Zoning Board. Mr. Phillips: And that is saying that you're going to provide only 67 spaces? Mr. McManus: That the law..e sixty-seven spaces will be provided. Mr. Phillips: Zero, that's it. Where... Mr. McManus: Sixty-seven. Vice Mayor Plummer: Excuse me, Mr. McManus. Where are they going to park the rest of the cars? I mean, how many square feet is this building? Mr. McManus: Commissioner, the northern wall of this building... Vice Mayor Plummer: Would you answer my question first. How many square feet in this building? All Mr. McManus, Two hundred and eighty thousand. Vice -`Mayor Plummer: Two hundred and eighty thousand square feet. And approximately - roughly - how manyemployeeswould be in that building?. Mr'McManus: Eight hundred. .I Vice Mayor Plummer: Eight hundred. And we're going,to lei them off the -,hook t for'67 parking spaces? 3 f� Mr. McManus: Commissioner... Vice Mayor Plummer: Excuse me, the Zoning Board is. . x Mr. McManus: Commissioner, the northern wall of the building touches the Metromover system along 5th Street. Secondly, Commissioner... Vice' Mayor Plummer: Mr. McManus, when was the last time you rode the- Peoplemover? Mr. McManus: Yesterday. Vice Mayor Plummer: Have you ever seen it more than 20 percent full? Mr. McManus: No.� 2 Vice' Mayor Plummer: Neither have I. Mr. McManus: Commissioner, let me`add one other thing. Up until six months "� ago, we had no requirement for off-street parking downtown: �r F Vice Mayor Plummer: Why did we change it, Joe?` Mr. McManus: Because we wanted to have a minimum parking requirements. } Vice Mayor Plummert, And that minimum was 215? Right? µ u Mr, McManus: Yes, sir. � 3£wz wrx�� ! :. - •h rzu..r."�..N - at h.. .,. w=aU x �.z7vda. -� e% Yfrtea . ,'3 kq'�gE�ry r�ei fir' Vita Mayor Plummer,. And now you're going to turn around and let them off, the hdak for 67 Where's the 'other people going to park? , Mr, McManus: Commissioner, we have the Department of Off -Street Parking r Vice Mayor Plummer: That's not fair to the public. Where are the other cars going to park? Not what the Off -Street might do in the future. When you r= build this building, where are they going to park? Mr. McManus: Would you like to hear from the architects, Commissioner, on that? Vice Mayor Plummer: if he can tell me where he's going to put the other 160 cars, I'd like to know it, yes. Are you the architect? Ms. Arleen Weintraub: I'm Arleen Weintraub with the Department of Development and Housing Conservation. Vine Mayor Plummer: OK. Ms. Weintraub: I believe I can answer the question. ViceMayor Plummer: OK. Ms. Weintraub, Garage number one presently has 82 to 100 parking spaces' available daily... Vice Mayor Plummer: How far is that away? Ms. Weintraub: ...and garage number three has 208 to 250 available daily. Both of those garages are less than 1,000 feet from the building. Vice Mayor. Plummer: And is the federal government going to: pay for their employees parking'in those buildings? Ms. Weintraub:. The way, I understand, the federal government doesn't employee parking in any building. Vice Mayor Plummer: So in other words, they are going to be subjected to roughly $6 to'$8 a day for parking, the employees. ` Is that correct? R Ms. Weintraub` Well, I can't speak for `them ,`but that's the way I understand it. That federal employees are responsible for their own parking. , Vice Mayor Plummer: About $40 a week for - on a permit, monthly permit,- whatever, that is. But there's no 'requirement that they have to.' Comni'ssioner Dawkins: Hold it, J.L. How many '-are .they going to provide? Sixty` -seven? Ms'. ,Weintraub: ` Tfiere7 are 67 secured parking spaces in the building. Commissioner Hawkins: All right, who gets those? y Ms- Weintraub: The judges and most likely the U.S, attorneys. Vice Mayor Plummer: And what about the jurors that are going to be thse?r rt Where are they going 'to park? M Ms. We In addition, between this building and the proposed' Federaly< x Bureau of 'Prisons building, which is, to the west'of this building; there is $ � shared parking structure between these two buildings.° Vice Mayor Plummer: And how many cars is that? {# } Ms. Weintraub; L f; I'm not sure of the.. total, but they have set aside 67 for this �. building, for the federal building,in ., p Vice mayor Plummer;° OK, now I'm assuming is1 it,th$ Court f use ..correct? � 4 No Weintraub; It is offices and courts, ;-� '1`3Ff f V l , Vita Mayor Plummer., And usually the courts keep a pool of about 280 jurors`; to be -picked for juries. a.: Mr. Odio: Federal..6 the pool now that they notify you by mail that you are in the pool... ;.,; Vice Mayor Plummer: Yes. Mr. Odio: ...and then you have to call in on the phone everyday, and either you come in or you don't come in. But you don't have to sit there. Vice Mayor Plummer: OK, then let's speak just to the 800 employees 1n that building. I want to know where are those people going to park? You know, it would really be nice to believe those people are going to use rapid transit and we're going to pay less subsidy to the Dade County...; j Mayor Suarez: Our parking lots that are not being used enough. Remember, you were complaining that the parking lots aren't being used enough. Our parking... Ms. Weintraub: No, .that's what I was going to add. The employees in this building... the employees in this building are simply being relocated from other offices already in the central business district. This doesn't represent 800 new employees at this building. They are relieving overcrowded conditions within the district. Yes, this building.wil.1 employ new employees and as the U.S. Attorney's offices grow and there's needs for support services. It will generate new employment. However, the parking is being shifted from within the CBD across the street, literally, this building, to accommodate the same people who are already working in downtown. Vice Mayor Plummer: You know, when the State of Florida, built their building across the street from the police station this Commission went along because they agreed at the time to build a parking structure for - what was it? - five, six hundred cars? OK? Now, we're not imposing `the same regulations on the federal. Mr. Odio But it is actually to our advantage that they use our parking garages that are now empty. �a Vice Mayor Plummer: At that price, do you think, they're going to? Mr. Odio: Yes, sir. They are now using it because, see... Vice Mayor Plummer: You're kidding t y g yourself! Mr..Odio: ...some of the people are moving from Flagler Street over'here. iA Commissioner Dawkins: You know, I didn't think it would come back this early, but,a couple, of items ago I spoke and I'said that there _would'be no`parking and the department told me, don't worry about it, we'll let the p.eQpie who r build; worry about It.-' Here's a perfect example. of 'letting the ,people;, Who build: `it worry about it. You just can't put up a building in downtown Miami N and do not provide parking no more than you can put one up on 36th Street.' x` But ..;here along the thinking of the administration, let's just get the building, the hell with where people park. . Mr. Odio: Commissioner, I think we need to say this. All we're doing today: is just'following the RFP and nothing else. That;s the way the RFP came out, -rr �. and we cannot deviate from it. All we are, doing is trying to correct..`' Vice Mayor Plummer: Do it even if it's wrong. Is that the attitude? }� Mr. Odio:No. F Vice Mayor Plummer: It's sure not right.� Mr. Odio: But the RFP went out. It was approved. 4° Vice Mayor Plummer; Then why the hell did you bring it before us? w �x4 • ° %ram itf � fin, 1 May 2:;� 1' 'S '1 X S e4Py i jT - fPI 5 Gjt 3+? Ir yyTij _t 5 1 t f5 e t t '� i t1.ARP a rs c r c K. Mr, dio.:.'gecause '1t was the ordinance that called that number of parkin§ 5009. And I' stiIi think they're better off now than they are with the conditions that they are living under today. "that's why they want to build i. this building`. Mayor Suarez. In the down..` Commissioner Dawkins: You see it.4. you know, what you're saying to people who do not know any better, they believe it. OK? All right, You've got the old courthouse that used to be the post office With people in it. You've got the federal courthouse. You've got Miami -bade Community College with students go in and out all day long. OK? And you've got the other federal building that's going up. Vice Mayor Plummer: It's ridiculous. a r Commissioner Dawkins Where is people... you know, it's impossible to fit the cars ,into this area that's going to be used. Mayor Suarez: Are you? Commissioner Dawkins: And Miami -Dade Community College will use all of the. parking that's available in that building... Mayor Suarez: In that building across the street from them. Commissioner Dawkins: What is that? Garage number what? Ms. Weintraub: Garage number one. Commissioner Dawkins: One? Mayor Suarez: _ That should be number one, because that's their own... Ms..Weintraub: Both.of the garages are under-utilized. Commissioner Dawkins: And the students will use it because the students get three-day; all -day parking. Mayor Suarez: OK, are we saying... Commissioner Dawkins: With ,your ,registration slip. F May Suarez: Are we saying that we'.re supposed to suspend -.and maybe this is the planning thinking that goes here our normal thinking on parking When R we.deal with downtown because we ourselves have provided a bunch of parking garages which are under-utilized, with the exception of the one Commissioner R Dawkins just referred to across from the college? Is that what you're trying 4s to tell us? We're not supposed to worry about the kinds of things that we worry. about i.n, Coconut Grove where somebody - we don't want to give any exceptions`from the`parki-ng reouirements'general,ly, etcetera, because downtown we've,.got.alI these ,parking garages that we own ourselves or the Department of. �}* Off-Street`Parking and are under utilized. Is that what you're trying to+teli y us? 5 Mr. Mc anus:- Up until `six months ,ago, there 'was- �'no:requirementyfor'°a private developer to provide off-street parking downtown: Mayor .Suarez: , OK.��j Mr. 'McManus: Because we. had two things., We had the Off -Street Parking t Department.. { R .was looking for a yes or a no on that one. p+u Mayor'Suarez: ro Mr. McManus: ,And we'also had Metromover, Metrorail'. k Myrar Suarez: All right, gentleman and Lady.,Yr dice;M.yor, Plummer:. Yes, just for the record.,. ,g Mayor Suarela �t.it is really a whole different kind of thinking. And we're going to have a Major downtown. It's, you know... Vice Mayor Plummer: Yes, we'll have a major downtown that is strangled. Right now, transportation in the County, buses, MetroraiI, and Metromover require $104,000,000 of subsidy a year, That's out of your pocket and mine. Commissioner Hawkins: The jitneys require no subsidies. Mayor Suarez: That's right. And the $104,000,000 is partly because there's not enough riders on that public transportation system. Vice Mayor Plummer: That's right. Because they built it where people don't want to go. :x Commissioner Dawkins: And the jitneys go... , Mayor Suarez: The idea is for people not to use the automobiles so much, to use public transportation and that's partly what this... _ Vice Mayor Plummer: Call the question. Mayor Suarez: ...concept proposes to do for downtown Miami, folks. All right, we have a motion and a second, do we, on PZ-5, Madam City....? Ms. Hirai: No, sir. Vice Mayor Plummer: Who moved it? Mayor Suarez: Yes. Commissioner Alonso: Who moved? Vice Mayor Plummer: Who moved it? K� Mayor Suarez: No, we don't, we don't, she's saying we don't. y Vice ,Mayor; Plummer: Oh. - Mayor Suarez: OK, moved by Commissioner Dawkins. Do we have a second? And then we'll hear -from you, sir. Commissioner Alonso: With regret, yes. `4 Mayor Suarez: That sigh, I understand to be a second. 1 Commissioner Alonso: Yes. x Mayor Su - arez: Sir. Speak now or forever hold your peace. Commissioner Dawkins: No, this gentleman is still speaking. Mr. Phillips: Thank you. I'm also deacon of the Central Baptist Church which be.directly north across the.street from the property you're>speaking of. Not r only of the parking are we certainly very strongly 'concerned with, we pare concerned that there is no loading bays be provided. In that you will start .. off over 300 desks to be delivered to this building. You're going to have.a,. ton of. paper every.week.that's got to.be delivered to this building. You're =, going to have to have garbage and trash pickup out of this building, and zno K way to`do it except off the streets. Mayor Suarez: What about that, Joe? Any validity to that concern? �r Mr. McManus: There was a variance provided for, standard truck loading bays Which are 35 feet by 12 foot wide by 15 foot high, for a variance for four; Of them. OK. Three are being provided. Three truck loading bays are bung,. provided which are not standard size. Mayor Suarez: You don't think that's enough bays, three? NO xw Mr. McManus; They're only twelve feet high. No, the space. «�x � �tF 128 Moif 21 09t, . Oa'aS''.h-41 v� { mayor Swat.,. You Vant bigger trucks going in there? Mr. McManus: So we are providing three truck loading bays are being provided the building. I Mr. Phillips. Well, according to your notice, sir, it says zero provided. Mr. McManus: That's right if it says four required, zero provided, in terms Twelve wide by 35+., fifteen. of standard size truck loading bays. Mayor Suarez: OK, that is sort of a misstatement then. It's three, and that would otherwise be required. they're not quite as large as the ones They're twelve feet high instead. Mr. Phillips: I know nothing about what would be required, that I'll have to leave to your judgment. Mayor Suarez: OK, we've clarified that. That will be in the record of the: from that. It's three bays, twelve feet high. �;. approval, and they cannot vary What are the other dimensions? Mr. McManus: I think it's 12 feet wide and 25 feet long. Mayor Suarez: Twenty-five feet. So unless you think that's not sufficient, but somewhat irrelevant. the rest of your comments are well taken j Vice Mayor Plummer: Does that mean that they will not be able to allow to be be from using tractor trailers, j used tractor trailers? They'll prohibited because they're... Mayor Suarez: Whatever fits into 12 by... ohibited Vice Mayor Plummer: They're fifty some feet1W • offhe0ne of theirwill bertractors from that. So, I mean, we make it now when we on trailers; -they understand why. Twenty-five foot bay is not a long bay. Mayor Suarez: Won't be ablerto fit there. It won't be a matterr of towing anything, I guarantee you.: ` he question.. -My name is James Palma, I-:m an Mr. James Palma: i could answer t architect with.Rodriguez and Quiroga architects. 1 M.say that they won't be able to fit there, or do Mayor Suarez: Is it wrong to start this argument all over again? you want me to swear you in now and Mr. Palma: A tractor trailer can be accommodated on the property. Vice Mayor Plummer: Can, on the property? } Mr. Palmas Yes,it can. Vice Mayor Plummer: But not on the street. Mr. Palma: Not on the street,: on the property in' a secured service court. in addition`to�the.three loading' This is a space that's°open to the'sky and°is births that -youlwere discussing r Mr. Maxwells He`needs to be sworn in:. Mayor Suarez: Not in the bays. Not in -the bays, but somewhere else. All , right, we took that testimony without swearing him in. Mr. Maxwell;.'He needs... that's right. �4 a Mayor Suarev: Jhenk you. All right, call the roll, please. Commissioner Alonso: Great. Comissioner Dawkins: Before you call the roll. Mayor Suarez: Don't call the roll. Commissioner Dawkins. Commissioner Dawkins: The other gentleman from the federal government. �s Mayor Suarez: You look like you're from the federal government today, counselor. Ramon Ras, Esq.: No, I am not, Commissioner. My name is Ramon Ras, I'm the attorney for the group, Miami Capital Facilities, a developer of this building. Commissioner Dawkins: OK, well where is the gentleman from the..* nobody is here, from the federal government? ., 'f Mr. Jeffrey P. Salvin: Yes, sir. Commissioner Dawkins: OK, Miss Weintraub said that the 800 people 1n that building would be transferees. Now, I've been led to believe that there would be some jobs made available with both of these buildings. -So now, which statement is correct? E Mr. Salvin: Yes, sir, there will be jobs made available. Commissioner Dawkins: So all the 800 people going in that building will not be transfers, there will be some new hirees. Mr. Salvin: Not all of them, no, sir. _ Commissioner Dawkins: Thank you, sir. t Mayor Suarez: Yes, let's not back down on promises made here to create new Jobs. - Call the -roll on the item. The:following resolution was introduced by Commissioner Dawkins,:who ham. moved Ats adoption: r Sr r j RESOLUTION N0., 91-396 A RESOLUTION WITH ATTACHMENT(S)CONDITIONALLY APPROVING A MAJOR USE SPECIAL PERMIT PURSUANT.. -:TO I AS AMENDED- -THE ARTICLE 17, ORDINANCE NO. 11000, ZONING ORDiNANCE'OF, THE: CITY OF;MIAMI,.FLORIDA$ FOR fir THE FEDERAL LAW ENFORCEMENT BUILDING PROJECT,.PROPOSED. ^ BY :THE, -:CITY ; OF MIAMI :DEPARTMENT .' OF DEVELOPMENT- AND HOUSING:CONSERVATION, TOBELEASED BY THE�U.S. GENERAL-. :..:SERVICES ADMINISTRATION AND TO .BE LOCATED APPROXIMATELY 53-73 NORTHEAST 4TH STREET AND 400-446� NORTHEAST 1ST AVENUE (MORE PARTICULARLY DESCRIBEDt} HEREIN) •AND,; TO BE COMPRISED OF NOT MORE THAN 280,000 SQUARE FEET OF GROSS FLOOR AREA IN A BUILDING OF 12ta STORIES ABOVE GROUND LEVEL; INCLUDING A PARKING GARAGE4. COMPRISED OF 67 SECURED PARKING SPACES AND 3 LOADING 6 BERTHS ON GROUND LEVEL AND ONE PARKING LEVEL 'fix UNDERGROUND; INCORPORATING GRANTS OF VARIANCE FROM THE ZONING, BOARD AND RECOMMENDATIONS OF,: OTHER EOARDS:; ESTABLISHING AN :EXPIRATION DATE; MAKING-. FINDINGS:,... OIRECTIt G' THE CITY CLERK TO.: -SEND :.THE .RESOLUTION 40 THE k FrSza' DEVELOPER AND PROVIDING THAT THE MAJOR USE .SPECIAL t PERMIT.: SHALL BE BINDING ON THE APPLICANT AND , SUCCESSORS IN INTEREST; PROVIDING FOR RELIANCE ON THE � APPLICATIONAND PROVIDING•AN:EFFECTIVE DATE.` (Here follows body of i-esolui"ioa, omitted here and, 4 file I the -Office of the City Cler-k- 130 y S �qs. ,.f3tFq:Ty >Upon being seconded by Comissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Comissioner Victor De Yurre t Commissioner Miller J. Dawkins :. Commissioner Miriam Alonso Mayor Xavier L. Suarez ,r NOES: Vice Mayor J. L. Plummer, Jr. ABSENT: None. Mayor Suarez: Pi-6. Vice Mayor Plummer: Mr. Mayor, may I quickly ask a question? Mr. City l Attorney, in an R-1 district at the present time, what are the setbacks? side setbacks? trx Mr. Guillermo Olmedillo: Five feet. {. Vice Mayor Plummer: How much? Mr. Olmedillo: Five feet. - Vice Mayor Plummer:. Five feet. And what is the height limitation? Mr. 01medillo: Twenty-five feet.. - - Vice Mayor Plummer: Twenty-five feet. What about - excuse me - what about parapets? What does that allow you to go up to beyond the 257 Mr. 01medillo: Parapets are up to five feet, sir. Vice Mayor Plummer: More. Mr. Olmedillo: More. Vice Mayor Pl umner: OK. I beg of this Commission, Mr.. De Yurre, . my good w Mayor, to go and look <what is ,happening with R zoning application in . -the sixteen -hundred block of Tigertail. OK?. ,In which a .house which looks likes caboose',- it's that : narrow : - is five ,> foot set back from their .property, � And theymiss: the maximum of 30, feet-' by, four ;inches. . I te11 you .that' if ,_that 'house is legal and I have been told: it is, we are destroying our neighborhood houses. It is an absolute, the person living next door -' and they have not i talked to me = they've cut off every bit of breeze.to that house. ­ _:They;, have, cut off every bit of light to that house, and I think. that,;it.begs out that we must study and when it used to be - what was it? - it was a ten foot setback --before'; correct? -'the-side setback? 'Mr. Mayor, what I'm asking is=that the N Planning Department study the regulations as they, exist today, and I ask that } my col-leagues:on'the City_ Commission go by and:look at those two houses and, ,+ see what is existing there, and don't see whether or not you agree with me ;' r 'that.- we' need to make- some changes to that zoning. They took advantage of, he; Parapet. r Commissioner Dawkins: This is... what is this - item six?`y- X� 4 r` Vice Mayor Plummer: Yes, sirs Commissioner Dawkins: I vote no. Vice Mayor Plummer: Am I in order to make a motion? Can I make a.motlorl at rx - ,, this time that the Planning Department look into the new side setback -in R 1,_ and the height regulations and report back to this Commission. Mayor Suarez; So moved. Vice Mayor Plummer: I don't understand it. It is desolating. k �M Mayor Suarez; A lot of... yes, I'm going to vote favorably, butj will.et'il, you that 'a lot of great cities are planned and developed on a p'anliie oxety =Yri opposed to the one that you're now suggesting. Iltn hot saying that this of thing should be going on in Coconut Grove and areas ►here pedAi� j i N y ri t 1ed.to believe:that they're going to have a particular kind of setbatka, etgetefa, but other parts of the City may make sense to do precisely the opposite of what'ybU're Suggesting, S0466 Vice Mayor Plufteri Well, I'm asking them to look in it, and report back That's all I'M asking. Mayor Suarez: Yes. So I'll vote favorably to that. So moved and seconded, Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 91497 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE PLANNING DEPARTMENT TO STUDY THE NEW REQUIREMENTS FOR SIDE SETBACK AND HEIGHT LIMITATION UNDER R-1 ZONING CLASSIFICATION; FURTHER REQUESTING THE ADMINISTRATION TO REPORT BACK TO THE CITY COMMISSION AT A FUTURE MEETING. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted 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 Mayor Suarez: y And keep in mind that there are different conditions in different parts of the City. That in areas of Miami that are more impoverished and people are trying to buy affordable housing, the alternative ' to these nice setbacks you,'would like to see is for people to live in apartment buildings where the setback they're going to have is just a dry ' wall,` paperboard, whatever you call that stuff, where they're going to. be hearing everything their neighbor does including flushing their toilets, and many, many cities have solved that problem by doing precisely the opposite of what you're suggesting. But I understand that ,you're concerned about single s; family, you know, zero lot line type..'. ><z Vice Mayor Plummer: I would ask the Manager, please, to get some photographs of that particular structure, and furnish them tc the Commission. Mayor Suarez: Call the roll on the motion. Vice Mayor Plummer: I thought the motion... y0i- did. Ms. Hirai:` I did, sir. Vice Mayor Plummer: Yes, we're on to the next item. V a r tE ) ,q 132 r, r i is ' v Y, x k i iCi�{YifYi.if.i�Wi.itiYOYiWll�il{iifi(�YfOlY14Y1irfltlCliiiil®fiiY{I(FYrlWiiilir{i YiJ�iifi ii Cfii ii�YYfiG"i'iiM1iil7G iFai➢iii �..iitiitliYfliiYiiY tYiYYii�WiX ii7L'J�/iiifiiYiifWiY►'YG 24, DISCUSS AND CONTINUE PROPOSED RESOLUTION CONCERNING VACATION AND CLOSURE OF PORTION OF PRIVATE ROADWAY IN TRACT C OF CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND (133-16) (Tentative Plat No. 1399: CLAUGHTON ISLAND) (Applicant: Claughton Island Co. Ltd.). (Continued to June 20th). .......... r.y..>:..rr.c.iYL:ww....+.ray.wr.rrrrrrri ---- .--------------..r.Y..:..m.------ rri—ii--- Vice Mayor Plummer: Item PZ-66 Claughton Island. The Mayor has reclused himself and is leaving the room because of representation. Mr. Guillermo Olmedillo: Street closure in Claughton Island... Vice Mayor Plummer: PZ-6, are the applicants here? You wish to come forward, sir? :r Mr. Olmedillo: As you can see, there's a cul-de-sac at the end of the road, ,w and what they are doing, they're closing and abandoning. Vice Mayor Plummer: All right, I will not entertain any discussionon Claughton Island until Mr. Dawkins is here. Commissioner De Yurre: He votes no. — Vice Mayor Plummer: I understand that, but he has to be in the room. Commissioner Dawkins, I'm assuming he can hear, but we'll hold the vote until he arrives. Sir, if you wish, this is a street closure. Mr. Richard Be Bochnovich: Yes, sir. Vice Mayor Plummer: OK, from the department. Do you recommend approval? Mr, Olmedillo: Yes, the platting street committee recommends approval to you, sir. Vice`Mayor=Plummer: All right, sir. May I inquire as to how many square feet of... I'm assuming this is public right-of-way. Mr. Bochnovich: No, it's not, sir. Vice Mayor Plummer: It's not? Then why are you before us to ask to close it? 7 Mr. Bochnovich: As I understand, it's City ordinance that requires. .:Ait'was designated as a private roadway by plat. r Vice Mayor Plummer: Is that correct, sir? Commissioner Alonso: It was the way that the plat was set up, right? — Vice Mayor Plummer: I heard a voice in the wilderness. Commissioner Alonso: And the way that the... 3' Miriam Maer, Esq.: That's right. Commissioner Alonso: ...circle was planned. Ms. Miriam Maer: That's right, that's the way they it.My n Commissioner Alonso: And now they want to change it. 5 ' Ms. Maer: ; Correct - h; r ,4 Mr, Olmedillo: As you can see in the package, that there was a cul-de-sac a the end of the road. They're closing that private roadway and they've Cott a...'the round portion of the cul-de-sac that was at -the end'of the road y z Vice Mayor Plummer: All right, sir, you want to say something in defense?, =Lz3 Mr. Dochnovlch: Yes, I would, f k ; L7J1i 133 T�� °9V 4t { •y.L i..4 F}Yim. "Lti .y pit dt , r1I 5 i► to Mayor plum er: For the record, if you will, state your nama, your x#4111 n91ddress and4re you an attorney? Mr. Sochnovich No, I'm not an attorney. Vice Mayor Plummer: Are you here representing for a fee? xf Mr. Dochnovich: Yes, I am. Vice Mayor Plummer: Then you have to be sworn in. Are you a lobbyist, or registered as a lobbyist with the City? Mr. Dochnovich: No, I am not a registered lobbyist. Vice Mayor Plummer: You cannot be heard at this time, sir, until you have registered, if you're here for a fee. Sign a card. Internal Revenue will love you for the rest of your life. L�. Commissioner Dawkins: J.L., what did you request of me? Vice Mayor Plummer: Sir, this is Claughton Island, which I know is one of 5 your favorite places. And I surely didn't want you to pass by the opportunity of tearing them a new one. Commissioner Dawkins: OK. Well, I'll start by saying that this is the same Claughton Island that promised Father Gibson that they would build 100 units of -low °income housing on Claughton Island, and didn't. It's the same _ Claughton 'Island, they gave two million dollars to build some'houses'in Liberty City, and now they're coming back without giving up anything and want you to vacate a street for their pleasure. I'd like to know what they plan to donate now °to the citizens of Miami for this. Vice Mayor Plummer: That's a reasonable question, Commissioner. As soon as - this man signs that card in blood' we'll ask him to'come up and answer"'your f question.°'Am I..* would you move out of the way for just one minute? Am I that the fi k at the-end.'of the cul-de-sac,`-the little yellow piece,Ai only thing - that's of the hearing? ,"Now, can a fire truck still make a turn i`n there? • I Dr. Prieto: 'Commissioner,actually there's w new cul-de-sac slightly south ;of it: That cul=de-sac... Vice Mayor =PI Uwer:' Well, you don't' show me that. Dr. Prieto: No, it's not on there. Actually, it continues down another' hundred 'feet; " and there's a new cul -de-sac there. This one i s "real ly for' e intents and ''purposes is not a cul-de-sac any more. Commissioner Dawkins: Well, what street are you closing? Dr. Prieto: None,:`sir. Commissioner Dawkins: Well, what are you vacating? _ Dr. Prieto`s What they're 'vacating is the curve :of the cul-de-sac. They�re just leaving the street straight. And so there's a curve there'. Since . they're no -longer a cul-de-sac, they're taking the curves' out of it. Commissioner Dawkins: OK, and if I don't violate the curve, what? Dr. Prieto; Than "the curve remains in place, and they will have just that r curve"missing from their property. That's all it really means. Commissioner Dawkins: From their what?r Dr. Prieto: From their property. f' .4 ... ,.., :.: ..: _., _ , • . 'f ' Lp t''jf .sir Commissioner Dawkins: Would 1t create any of a driving problem for 3'i ' .those` people who buy the five hundred and eight hundred thousand dollar units? , Or- Prietos I don't think so, sir. _.:ontralssipner Dawkins; Huh? r 134 z � Dr. Prieto: Indubitably, Sir. Commissioner Dawkins: OK, all right... Vice Mayor Plummer: All right, sir. Madam Clerk, 1s he now fully qualified? s Ms. Hirai: Yes, he is, Commissioner.' Vice Mayor Plummer! Would you swear him in, please, so that we can hear from -= him? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Plummer: For the record, your name and mailing address and proceed, sir. Mr. Bochnovich: My name is Richard Bochnovich. My office is at 7520 Red Road, South Miami. I'm an engineer and I'm representing Claughton Island Company, Ltd., who is the owner of all of the undeveloped portion of Claughton Island that is to the south of the extension of S.W. Sth Street. The purpose _ of this roadway closure was initiated through tht. Plat and Street Committee of - the.City of Miami. We have currently submitted and approved a tentative plat. fora parcel of land which includes this vacation immediately south of what is now the Island Club. As part of that plat, we are extending that existing private" roadway, and providing at the end of that extension a cul-de-sac turnaround for. the emergency vehicles. The cul-de-sac that you see now was provided in accordance with requests from the Fire Department at the��time the Island Club parcel wasplattedabout two -and -a -half years ago. We are simply, now, in platting the adjacent parcel of land, extending the road and relocating the cul-de-sac with adequate turning radius' for the emergency vehicle at the new south end of that private roadway. Commissioner Dawkins: So, in other words, you are enhancing your property,. therefore making it more profitable by extending the cul-de-sac down further. Mr. Bochnovich: I would say no we're not really, we are providing access id our property.r f.� yi Commissioner Dawkins: Beg your pardon? k{z Mr. Bochnovich: We are providing access to our property. z Commissioner Dawkins: OK, but if you do... 4 Mr. Bochnovich: Which is required by platting code. Commissioner 'Dawkins: Wait now, wait now. 'I think I` heard you say that= y you're coming down.and - what's the name of the club? e existing building di n wh i ct i s to the northeast o that Mr. Bochnovich. No, the ex s ng g f h t cul-de-sac is called the Island Club:°�. Commissioner Dawkins: All right. F Mr. Bochnovich: There is not a name for the proposed project. Commissioner Dawkins: All right, the Island Club. OK, now that's not a name��' h for the proposed what, sir? � Mr. Bochnovich: We have to name the proposed project for which we are y r , ,yet presently platting the piece of land. A w Few �iSZ,' i tomieeiona , Dawkins:Sty, therefore... but you do need the cul-de-sac in order to enhance the project. r.: Mr. Bochnovich: Well, we need the cul-de-sac to serve the project, yes. 3 Commissioner Dawkins: That's right. Well, serve, enhance, whichever words q you choose to use, it's-., Mr. Dochnovich: I don't believe the value of the land is going to increase because we put a road in front of it. We need the road to have access to the land. Commissioner Dawkins: You don't? OK, well then why are you asking for it then if you don't think it will enhance the use of it or the value of it? Mr. Bochnovich: We are providing... we simply want to plat the land adjacent to that cut -de -sac, and we're simply extending the road. - Commissioner Dawkins: Of course... If you don't you can't develop it. Right? — Mr. Bochnovich: That's right. - Commissioner Dawkins: OK, so we are talking about maximizing your profit. Mr. Bochnovich: if you want to phrase it that way. Commissioner Dawkins: OK, thank you, that's all. No problem. Mr'.'Bochnovich: OK. Vice -Mayor Plummer: Now, the next question. What are you... are you proffering anything to the City? You get something, you give something. Mr. Bochnovich: Well, the land does not belong to the City now. The land is a private roadway which is owned and maintained currently by the developer and 7 ultimately by a master association. So we are not giving anything to the City, but we are not taking anything away from the City either. " x Commissioner De Yurre: You haven't appeared here before, have you? Mr. Bochnovich: No, I haven't, sir. : Commissioner De Yurre: I can tell. Vice.Mayor Plummer: Mr. McManus, did you not forewarn this gentleman prior to YPI coming here? r Mr. McManus: Commissioner, I'd like to call your attention again to the fact this, is a':private roadway. a Vice Mayor Plummer: Sir, answer my question? Then make your editorial t u± _ comment.. x xm Mr. McManus: No, we did not, Commissioner. Vice Mayor Plummer: Did not. Do you know that the City is in need of a lot r} r of playground equipment?� _ Mr. Bochnovich: No,'I wasn't aware of that, sir., Vice Mayor Plummer: You are now. Mr. Bochnovich: OK. + Vice Mayor_ Plummer: Now, would_ you like to think about it for a while? Mr, Bochnovich: I'm not in a position to make a contribution, or whatever.,, the part of my client:, sir. 9 Commissioner Dawkins. I move that this be defe,•red until he can think 000t y_ §# J it. 136 ,Y# Commissioner Dawkins: That's the proposed development, sir? Mr. Bochnovich: Yes, it is. May I show it? Vice Mayor Plummer: Well, they sent him here instead of an attorney, so.:. Mr. Bochnovich: This is the proposed development for that tract of land. Commissioner Dawkins: Take it up and over, sir. r Mr. Bochnovich: The existing Island Club property which is an apartment, rental apartment project, is located right here. And this project would provide 137 condominium units. Vice Mayor Plummer: Am I to assume that the other half of the moon is what you're.asking to be replaced? Mr. Bochnovich: The half moon is right in this area right here. Vice Mayor Plummer: Uh huh. That would affect your setbacks, wouldn't it? Mr. Bochnovich: Yes, it would. Vice Mayor Plummer: Cost you hundreds of thousands of dollars to re... Commissioner Dawkins: Let me ask him a question, J.L. How many units are on that island now, approximately? Mr. Bochnovich: I really don't know. On the entire IsIand ,'rr��t,:`. Commissioner Dawkins: OK, how many units would this add? F Mr. Bochnovich: A hundred and thirty-seven.' Commissioner Dawkins- A'hundred and thirty-seven. And if each unit went for $100,000, what are we talking about? Mr. Bochnovich: Thirteen... Commissioner Dawkins: I mean, I know it's better than that. Hey, i { understand. - - Mr. Bochnovich: Thirteen point seven million? Commissioner Dawkins* Thirteen point seven million, Mr. Bochnovich: If I did that right. Commissioner Dawkins: You see, and all... and' if I don't let... and if we,4 don't let you just put the cul-de-sac, you going to tell me that that wi11 not.., see, and it's nothing over there going for $100,000. Mr. Bochnovich: Again, I really don't know. I represent the... Commissioner Dawkins: Well, I can test you. Even the one.., ; ' c*airy Mr. Bochnovich; I'm familiar with the south half at the island which, is apartments. Commissioner Dawkins; There's nothing over... that's not one bedroom over,-., there going for $100,000. Vice Mayor Plummer; Without a bathroom.137 � Q 19h 4 { , f�E r 1 U Y { r sioner Dawkins: That's tight, OK? OK, no problem, go head, sir. k Vice myor Plummer: A11'right, the motion... _f Commissioner Dawkins-. Go ahead, sir, and explain your project, please. Mr. gochnovich: Excuse me? Commissioner Dawkins: Go ahead and explain your project, please. Mr. Bochnovich: Well, that was basically it. `the Claughton Island was zoned _ by special ordinance some years ago, and the number of unitsthat are = established are on the entire island. And this development, as well as any future development, has to abide by the conditions of that ordinance. Vice Mayor Plummer: But you're asking us to change those provisions which were 1n the original granting. ' Mr. Bochnovich: No, I'm not. Vice Mayor Plummer: Yes, you are, sir. You're asking us to change the cul- de-sac... Mr. Bochnovich: I'm simply asking that a cul-de-sac that was created to _ provide an emergency turnaround for a fire vehicle at the time the adjacent parcel was -platted, that a portion of that be abandoned and that we be allowed to extend. access and a fire turnaround of equal size to allow for the development of the adjacent parcel. Vice Mayor Plummer: All right, sir, the motion on the floor is for deferment for. -further information. Is the motion seconded?- Commissioner Alonso: Second. Vice Mayor Plummer: Is there any further discussion? Hearing none, it is then scheduled for the meeting of June the 27th. Sir, I would beg of you to check because there is a possibility that meeting might be changed. But as it stands right now, it's for June the 27th.- Motion'understood? :No further discussion. -Call ,the roll. 'ON. MOTION -DULY MADE_ BY- COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER ALONSO, PZ-6 WAS DEFERRED TO° THE `"COMMISSION MEETING OF JUNE 27, 1991, BY THE FOLLOWING VOTE: - 4 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso :. Vice Mayor'J. L. Plummer, Jr. t NOES: None. 7 t rri ABSTENTIONS:. Mayor -Xavier L-. Suarez t k ABSENT: None., r s 5 Q ti A A ij #rz ft - # �� S4 i. • J° aTanE 3 iZ } Cx r- rw-- ei sr.a.-r.rsf.:. utwirrr.a.c�.arr.rac r. si.i:a. �.rrr�waY�+.r.ap+��.tr t DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE CONCERNING AMENDMENT TO 10544 (MCNP) FUTURE LAND USE MAP, CHANGING LAND USE DESIGNATION AT AREA FRONTING BOTH SIDES Or N.W. 54 STREET BETWEEN 2 AND 6 AVENUES (I-65) (Applicant: Planning, Building & Zoning Dept.). (Continued to June 20th). irrrorr. r'ar rrrrr �.r.� r+wa.r rr.1. r.r-- - r,n.:rai.-------.. ---- r r —.+------------w.—.r r.o..----i.+.r------- Vice Mayor Plummer: Mr. Mayor, we're now on item... Commissioner Dawkins: No, Mr. Vice Mayor, I have quite a number of individuals here on 11 and 12. Vice Mayor Plummer: All right, sir. r Commissioner Dawkins: And they have been here all afternoon. I beg to move: li and 12, please. Commissioner De Yurre: Should we announce, Mr. Mayor, we got like, what 12 items left? I don't know if we can cover all that in an hour. — Mayor Suarez: Well, let's see how many we can do. There's a possibility if you're towards the end of the agenda, we won't get to your item. I don't know what the larger numbers of people are here for, but we end our proceedings at 9:00. Somebody advised us that today was going to be a very short agenda, and we should do this in the afternoon? Commissioner Dawkins: Yes, they did. Mayor Suarez: And they blew it again. Commissioner De Yurre: Well, the thing is, zoning items we got to hear after - 5:00 o'clock anyway. Commissioner Dawkins: Not all of them. Mayor Suarez: Yes, we had a few that, but we always have a few that are emergency that people just bring up all of a sudden. Mr. Odio:< Never had Channel 40 on, you know. Mayor Suarez: PZ-7.- Commissioner Dawkins: No eleven, please...y Commissioner Alonso: No, no eleven. Mayor Suarez: I'm sorry. Commissioner Dawkins: I would like to move eleven. Mayor Suarez: Item 11 has been taken out of order at the request of Commissioner Dawkins and moved. Does anyone wish to be heard against PZ-11? � Let the record reflect that no one stepped forward. .t Commissioner De Yurre: Second. 5s Mayor Suarez: Seconded, Any discussion? If not, please read the ordinance.A Vice Mayor Plummer: Wait, wait a minute. Mr. Mayor, are we going to- he4r.t from the public? There's obviously people here to testify., x Mayor Suarez: Against PZ-11?` ~' Unidentified Speakers: Yes. Mayor Suarez; OK, I'm sorry. I asked...` Unidentified Speaker: No, not against... we'ro for what the zoning board# advisory>board, went for., 41 £r. �oR oe 'Mayor `Plum ett. Then you ' re... ; Mayor Suarez: All right, swear in everyone that... Commissioner Dawkins: No, they are for it though. 1 don't know why... Vice Mayor Plummer: No, the advisory board denied it. The Planning Department voted for it. Mayor Suarez: OK, swear in everybody that might have to testify] if, you would, Madam City Clerk. t AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: OK, do we hear from the department first. Mr. Joe McManus: Mr. Mayor, members of the Commission, this is a proposal by the 'Planning Department. It was recommended for denial by the Planning Advisory Board. What happened on PZ-11 was that for the past 50 years this segment of N.W. 54th Street between N.W. 2nd Avenue and I-95, has been consistently zoned a liberal commercial designation. It was only six months - ago with the onset of ordinance 9500 that the zoning was changed to restricted commercial, C-1. We have had the opportunity of looking at the land uses along this four block segment. The land uses along there are consistently C-2 uses. There are auto repair shops, contractor shops, air conditioning equipment, motor repair, and other kinds of uses. It's the same argument presented before that these, under C-1 these uses become nonconforming. They are then constrained if they go out of business for six months and a day they cannot resume business. They are constrained against certain expansion, and we think that the predominant use along there on this segment of N.W. 54th Street is representative of liberal commercial uses. Mayor:Suarez: What was the genesis of all of this? How did all of this begin to happen this change in zoning? Who requested it, how did it come to be? Mr. McManus: Let me fix in your mind, Mr. Mayor, that for the past 50 years going back into'the 1940's and 501s, this was Consistently zoned a liberal commercial designation. It was only six months ago that the Planning Department; in a -burst of enthusiasm, tightened up the zoning to C-1, limited commercial. We have now had... Mayor Suarez: Did you say, in a burst of enthusiasm? Whose enthusiasm? Comm ssiover Alonso: Theirs. Mr. McManus: We have now had the opportunity of going back and looking at the is uses that are actually along the" street there, and we've decided that predominant group of uses are liberal commercial uses. And we don't want to 4. .; leave the merchants"along -there in the situation of being nonconforming uses. Mayon Suarez: So we changed`the'zoning code 'and now we have to make,another � modification of some sort. All created by ourselves. Search me why we're doing all of this. Now, you're for or against, ma'am?._ t� Ms. Eva Back: Against. Mayor Suarez: - OK,'give us your name. ; Ms. Back: Eva Back. I live at 555 N.E. 15th Street, Apartment "12-C An E I'am owner, in,conjunction with my husband, of three properties in the zone, And we have been there for 20 years. And this has put a big strain on our side because we have been building,.. Joel Maxwell' Esq.: Excuse me, Mr. Mayor. z w $g Mayor Suarez: Yes. + i Ms, Back. ,,.for eventually... I i Mr. Maxwell: Are these witnesses sworn in? 1 J2q 140+, AYd� i y, ,n isFffi t-. ij y MQyVI c7uaf ev yet. Mri Moxwel'1: they are sworn in? �z Mayor Suarez: Yes. jz Mr. Maxwell: Excuse me. 1; Ms. Back: ...for eventually selling these properties as zoned for liberal commercial properties. We have invested in paint booths, we have two paint shops there. And as I said, we have been in business since 1971 in the area. I got there six days a week. I am there from 9:00 to 5:00. OK. Mayor Suarez: So you don't want this to be... or, you do want it to be general commercial? Ms. Backs I want it liberal commercial, yes, yes. t Mayor Suarez: I guess that's not before us, is it?` Ms. Back: That's what it was before, yes. Mayor Suarez: Oh, I mean, that's not... Commissioner Alonso: From restricted commercial to general commercial. _ Mayor Suarez: To general commercial. Mr. McManus: The plan designation is general commercial. The zoning ordinance is liberal commercial. It's the same thing. :} Mayor Suarez: All right. Then she's speaking favorably to it. commissioner Alonso: Yes. Mayor Suarez:Even though she's saying she's against it. Ms. Back: I want to keep it the way it was 50 years ago. `right. k Mayor: Suarez: All xf. j Ms.. Back: " That's what I want.` Mayor Suarez: How about you? Next. Yes? Unidentified Speaker: I'm against the zoning change. Mayor Suarez: OK, go ahead,,come up to the mike. Maybe you're the only one around, here who is against.. It seems' like everybody, so isin'favor s -Jar, although they're not too sine that... =: r r. unidentified Speaker: Everybody here is against it. Unidentified Speaker: I mean,` you're confusing, us because::'. }4� >.` Mayor Suarezi not any more than I'm confused) I guarantee that. sib „No, Unidentified Speaker: Let one side go first, then the other side....' - - iJt la Mayor Suarez. OK, I want to make sure that there are two sides, and not,i° everybody A on the same::. 1_ Unidentified Speaker: There's a whole lot of sides. Met or Suarez All right. y, r Mr. Roger; ataldo: I'm,in favor., My name is Roger Cataldo, I ' m at 42,E i� tW• • . 54th Strut. I own` Biscayne `Concrete Pump Sales and Equipment Rental !_' been there for five years. We started with a small company, three or �our :employees► now we have a hundred and forty-five pert -time and i'41 employees. And with thezoningthe wary it is, we: can't exp-And, We haveAW 1 *j1$� $ ¢Tf r k Ott t d�nz"M-.rtii. � se.`�Y. 1.r'h._ _�.. ^. _i . s+.- . w-1 . _ .,zzsafi+:u ,-.. aye ..•4�1;,,,`.,z,4N.Y,. szz ..ik' s.v-e.v+��...c r, : ^, � k MT fy Y � _ l t` '�''ii2 .•i: !"Z ,..9 tY+Y' F( �i1'VS?y .� �� }� Ark=.ryy,�d�Sl k44�Jt t - .Y, V - i 110a to expand or we have to ' l eave the area. Out of the 145 employees we have, I would say that three quarters of them walk or ride their bikes to work r' If we have to expand and leave the area, we're moving out of Dade County, We work anywhere from Key West to North Palm Beach, and we feel that the toning the way it is and us not being able to expand, that there's no desire for us to be there any more in that area. Commissioner Dawkins! I beg your pardon? Now, what do you have? Mr. Cataldo: Biscayne Pump Sales and Equipment kental. Commissioner Dawkins: And you employ how many people? Mr. Cataldo: Fifty full time... Commissioner Dawkins: Fifty? Mr. Cataldo: Fifty full time... Commissioner Dawkins: OK, what is your gross income? — Mr. Cataldo: Gross income of the company? Commissioner Dawkins: Yes. Mr. Cataldo: Close to a million dollars a year. Commissioner Dawkins: A million dollars a year, and you're going to move from making a million dollars a year to some place else? — Mr. Cataldo: We do concrete... Commissioner Dawkins: No... Mr. Cataldo: ...pumping and concrete finishing... Commissioner Dawkins: OK, no... Hey, I just asked. No, you made a statement. I'' just asked It. , Mr. Cataldo: ...anywhere from Key West to North Palm Beach. We don't need this`area'except for our employees that we've had for over five years. Commissioner Dawkins: So s{ you're being benevolent to your employees, and you're not interested in nothing but the employees and that's why you will z move.e Mr:'tataldo: We need to expand. We've been there for years. I've been there for 35 years. Commissioner "and Dawkins: Now, OK.., Well say, say I want to expand {J. to make'.more money you got me because that's the American system. I don''t have.:.. Mr. Cataldo: I`want to expand. Commissioner Dawkins:' That's all. See, I want to expand and make more money so i 'can hire morej people and improve' the neighborhood. Then r you got me. See,"make more money, but don't tell me I'm going to move, you know." level with me so I can level with you, OK? Mr. Cataldo: You got it. Commissioner Dawkins: That's the American systen to make money. That's whdt =fl we do. All right. Go right ahead now. Vice Mayor Plummer: Be careful.y Commissioner Dawkins: No, I... 0K. r A# Mayor Suarez: Anything farther, sir? Mr. Cataldo: That's it. 142, 2 . 'Y.s %CffiY Mayor 5uarev CK. You came off pretty well, don't worry. It's not bad. Mr. Walter Williams: Yes, sir, Mr. Mayor. I came down here this evening. Mayor Suarez. We need the Warne, remember. Mr. Williams: Walter Williams, 5439 N.W. 5th Court. I came down here this evening with a group of black homeowners who, for the first time in the ` history of government, we came dowry here to ask Sou for nothing. We came down here to ask you not for any set - aside programs, because we have set aside our money and bought us a home. And we're not asking for any affirmative action because we have been affirmative and we went to work everyday and saved our money. This man just got through saying teat he can pack up and move. We're here because we can't move. These homes represent our lives and our legacy. The home that I live was built in 1923. What we're talking about is bays, stalls, and warehouses versus homes. Bays, warehouses you put up. Homes you build with time, cement, love, and character. And this is what we're talking about, character. We're not asking this Commission to do anything but to leave us alone. We're not asking you to do anything that would shock any ethnic sensibilities whatsoever. We're saying that we don't want nothing from you. Now, this honorable Commission appointed nine honorable men and women to sit on the advisory board. They heard from the Planning Department. Nine to nothing, they turned it down. Nine to nothing. Men and women that you hand picked to hear this matter. Now, what I am saying is, that these people, the people who own these commercial plots in there, if they lose this vote, what do they lose? They simply tell their accountant that they have to devalue their property because of the zoning change. But - sir, we can't tell our accountant to devalue our home, because that's all - we've got. That is all we have, sir. This neighborhood is one of the better neighborhoods in Miami. The streets are wide. The curbs are nice. There are trees all in the middle of the street. Mayor Suarez: Wait a minute. Can you get some)ody from the Miami Herald to putthatin there as a headline maybe. That's the nicest thing I've heard. Commissioner Alonso: I know, it's wonderful. Mr. Williams: We get trash, we get garbage picked... Mayor Suarez: I am sure they won't. But you know, maybe a headline "Nice Neighborhood, Wide Streets." Mr. Williams: We get garbage pick up twice a week. Trash pick up once a week. Mayor Suarez: Nowhere in the City, in greater Miami does anybody pick up your garbage as much as in the City of Miami. Mr. Williams: And I want to sayjust one more :hang. I am fighting... this neighborhood is predominantly black now. I am fighting for this neighborhood for the people who lived there before.The man that `11ved.in'my house for fifty years, was a white man from the sticks - ,old blooded redneck.` But 'he loved thisneighborhood so much, that he stayeo in,,it twenty years after 'it turned black. And I didn't know him then, but my neighbors tell me -that when { he left, he said, I am leaving not because this neighborhood is -too black, .but because I am too old and tired. Well damnit I ain't tired. Getting old, but I ain't tired. s Mayor Suarez: So he was a nice redneck. j� Mr. Williams: Yes, a very nice man. A nice old white man that stayed there i fifty years. As a matter of fact, the house I am told, was a gift, a wedding Lx present from his father-in-law. And I want to tell you this. When they told me about how what a nice man that was, I swore to God that if he ever comes 1 back, and want to see that house before tie dies, it will look pretty decant, Can I come and show you this? This man is talking about warehouses. Commissioner Alonso; It's very nice. ' a i; Commissioner Dawkins: Yes, I know it. Mayor Suarez; You know Walter's house? �f 143 s P by ZOE , d CA'v l ``�� •�� .f'a"q' t}4,k Ct tissiaher Dawkili5. It's my neigfiborsYOU . } Nr� Wiliam: Mr. Mayor, there is a daycare center across the street. ne can't put an automobile repair... you can't put everything..- under this new K ropos,l, you cah put an adult bookstore there. I mean, we are talking about people who have lived in it. Some of these people are first time home s homesp buyers. Some of these people are the amidau tit even own sons a home. sharecroppersNowI anJust they are the first members of the family say this and I'm going to be brief. I will never qualify to buy... _ mayor Suarez: You could probably have ended a little while ago, and you'd y uess, so. , probably pretty well on the vote here, but that's my g Mr. Williams: All right. Good bye. Mayor Suarez: Yes. We have a saying about momentum. When it's on your side y around here, you don't... Commissioner Alonso: Yes, you don't spoil it. May Suarez: •. don't spoil it, right. Commissioner Dawkins: Mr. Mayor, that was a part of myneighbors, and Iroblem ith Sth am Street. I knew that this was coming, because they are my like him. I'm not going no place but to heaven. I'm not moving. Mayor_ Suarez: Start praying to that effect. Vice Mayor Plummer: Oh, are you dreaming! Mayor Suarez: Start praying to that end. Vice ,Mayor Plummer: Even in my funeral home, i couldn't get you a'ticket to heaven. CommiSSioner Alonso: Why is Commissioner Plummer laughing like _that? 4 'Commissioner Dawkins: OK. Ms A lice H. Akins: I am interested in speaking for the change ,to take place. Mayor Suarez: All right. Ms, Akins:'- My name is Alice Akins. y Mayor Suarez: Yes. Anyone who is for, better speak now, or forever hold your peace. x: Ms. ` Akins: We own a business at the corner of NW 4th Avenue and 54t>We tareta , Ttie `address i s 355 NW 54 Street. I f without this zoning change...{ very small business. We own an auto parts store and there is an auto operate' on the site. h cannot see in any way where we are going �t an auto repair shop t o devalue or defame the neighborhood with thetype of business ehdat We`oar�=y (#. and I don't `see at this time, why that zoning cannot be Chang I gus J t small. ` We don't have a l of of money i nvol ved. We' re . one of -;the.... • because we run our buir�esst you will call.the Mom and Pop type business, our elves. And` we do try to take pride in that: part ne ghborhpo�. And, we because we live there 'dust as the Commissioner Dawkins does,:, 5j`, ass# ,sf want the neighborhood to be in disrepair in any way because of our`buf� Therefor, I 'would like to speak for that, asking .you for a° yes. vote , fc�r �ihe change..4A Fix Vice Mayor Plummer: Mr. Ma yor,f� Just want to see if it's..,' • Yee I Ma�+ur Suarez. 3 Vi;ee Mayor glummer, I haven't done this in, a long. time h" f f , Walter do you went tv $ay before.`Ycea►Ai�,IAeriAe tb Mr+�r Suarez, yQu want to 4y, flow many : poOPl a are hor V all suha rove Q l t to a # n y that euppert Your pos t on? gnyone that i s pp aaitet" the 'change to general Commercial?� 144!�,, tPr ^Mr ts„ fi )5 Unidentified Speaken I am against it. Mayor Suarez! A11 right t: Vice Mayor Plummer: Mr, Mayor, Commissioner Alonso: Are you with them, or...? Commissioner Dawkins: No, she is against it. Commissioner Alonso: When she say, against... Unidentified Speaker: I live in the neighborhood. y Commissioner Dawkins: All right. Go right ahead ma'am. Mayor Suarez: Well she is in the same side. Vice'Mayor-Plummers Well Mr. Mayor, may 1-.6 Commissioner Alonso: But what's your position? '- Vica'Mayor Plummer: I wanted to say something. Mayor Suarez: Vice Mayor Plummer. Before you speak ma'am, you might want to speak with him. Things may be going your way. Vice Mayor Plummer. Commissioner Dawkins: Yes. I think this is going to come to a head here. Vice Mayor Plummer:' No, no. I'm sorry. This is a vast change, and' Ij`Mr. Mayor, ` would ask my :. colleagues and I can't speak for the rest of them - I would like to personally go out and inspect this neighborhood. < Commissioner Alonso: I was going to say that. Vice MayorPlummer: You know, when I'saw this on the agenda that it,Was"54th t i U Street. tome,: 54th Street has always been business, it's always been. commercial. And maybe'I am guilty of not looking behind the `stores: to -see � 4 what's there. But I think that I personally I can't speak for the rest would'like to have the opportunity to go out between -now and the next meeting and look at that area, and drive both sides of the 'street. So, I am just...{� Mayor Suarez: We11, momentum was on your side; now, 'it still may, be, but maybe you, after a little bit of time if two Commissioners want to defer 'or continue.: You don't want to buck that trend too much because you know. Commissioner Dawkins: Well like I said... i Mayor -,Suarez: I:think there are a couple of us that is going to vote your way no matter what happens.; Mr. Williams: I'm going` o do:what Mr. Dawkins: say, to do. - . Commissioner 'Dawkins:. You : know; 'like` I ,said this, morning. Tt:e liberal commercial businesses include 'body;.shops, paint shops,' contract; thel> torag 3 rr = $� yard;>'motor repair .shops; and air conditioning services:. But, when yougokro b, general commercial;,- -it includes rescue''missions, businesses that require, an $� and. off loading facilities, industrial areas, retaling`-'of secondhand items; ¢: automobile repair services, new and'used sales, parking 1`ots;;araa",4 heavy;:, equipment sales and services, _building materials, =sales andSti�r!! `� k wholesaling, warehousing, distribution, and this category... endfiis swhtl Y ,<F can; 11011 ow, also 'allows commercial marinas. I don't know` what then Me to And living quarters on vessels for transit. Does that mean` motor flames, and� ' other? But I keep saying' that these. people,,is what I was telling youooat y " } 36th Street when I said, they get transitional use, to put parking' in :thefir:� residential area. And as the gentleman said, you know, where. can : trier go? t f It' a like me, i,, dons t have a ntort age,' I am fortunate enough to V ntavild 't r there and �donf,t- have a mart ege, ; Sul i f I", were;}= tQ ` tt�y to` t�y house, I would have to spend` two -hundred and fifty t#:QWeend dplli'e 3, .. }. 200*000j, At sixty-six years old, who is going to:finance a two ilgn l'ed,dtld � ,Y y Yt, fife thos�send dotter house for met' Nobody* S� therefore, i-weiuid �eVe �D� p101 r L rj0A'rdl0s of hew long we wait or what, I would have to vote with the residents who Say that they are the voters. They are the ones who are . concerned and can't go any place else. And I sympathize with the businesses because without the businesses we can't support the area, but without the homes around the businesses, the businesses can't be supported. MS. Akins: How are the businesses now impacting upon those homes? Commissioner Dawkins: Ma'am, ma' am. What did you say, Alice? Ms. Akins: How are the businesses now impacting negatively upon those homes? Commissioner Dawkins: But see, I was saying... Ms. Akins: There is parking within the erimeter of the lots for the businesses that are currently there. s Commissioner Dawkins: If we retain the present zoning, it would be no more impacted than it is now. If we change the zoning Alice, then we will allow` for more development which requires more parking. Ms. Akins: But that has to do with your inspectors and planners. That's up to them to control that. That's not up to the businesses to control that. I don't... Mayor Suarez: OK. I think we have a motion to continue. Vice Mayor Plummer: I was going to make a motion to continue. Commissioner Alonso: I'd like to make a comment. I am supportive of the neighborhood. I think they are the ones who are right. I feel I have to support them. I agree with Commissioner Plummer. I don't think it will - change -anything if we just continue this item and give us an opportunity to be a hundred percent sure. I agree - we are not saying to the people who own business in the area who are.renters and have business in the area, we are not telling them, go and lose your business. You maintain the business. You are grandfathered in the area. But we also have to respect what's happening in the neighborhood. They have a right as to maintain .the kind ofneighborhood when they purchased their homes. ,a Unidentified Speaker: What happens when we want to sell? Mayor Suarez: . Wait, wait, ma'am, before you say anything. Before your.side says anything. We've heard testimony tonight from both sides. Commissioner Alonso: Did you move?: Vice Mayor Plummer: Yes. Commissioner Alonso.* I second. Mayor Suarez: We've got a motion and a second to continue. If you are in favor, OK? - it is in your interest, because tonight I don't think you have ' the votes, to have the motion passed, and see if you can take time to show him .h that neighborhood and convince him what 'you want i s _right. If you are. <,s against, you- probablyare going to have the votes now- and, the next time. 1, isrr around, but you may as well abide.;by a -procedure that',a .requested by two„out four up here;- ;because you might otherwise, you know,,; get a ' deni`ai . So, you z might blow it. 5o I suggest you both take a thirty day cooling off period,Yy. here and try to convince him. It sounds like it's going to be bat icaiiy P, coming your way, so you've got a rough task ahead, and we will just have ` to .: r' see you again in thirty days. Motion and a second. Any discussion? If :lot, please call the roll. , Mr. Walters: Thank you very much. Thank you. f ON MOTION DULY MADE BY VICE MAYOR PLQMMER AND SECONDED BY « COMMISSIONER ALONSO THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION t MEETING ON JUNE ZOTH BY THE FOLLOWING VOTE: { t +S �p +e.,A+r•.�+ +++...n. 1 mn>. x v__ ,��, r �J �i,�Al. x��T�'t�t 3Lc3 c, �>£..�•s �F'gF>�i'(,�°�".k �', 5 �i �4� i K _ l AYES: Commissioner Victor ft Yurre CoMiSgioner Miller J, Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. r —---------------- --------mow----ate----------------------------i--- s. 26. CONTINUE PROPOSED FIRST READING ORDINANCE AMENDING 11000 ATLAS AT AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 & 6 AVENUES (I-95), }` CHANGING DESIGNATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building 6 Zoning Dept.). ----------- -------------------.-----------.-----..+..-------------------- Mayor Suarez: Is there a companion item that we need to continue? Commissioner Dawkins: Eleven and twelve. Twelve. Vice Mayor Plummer: Both eleven and twelve. Mr. McManus: PZ-12. Eleven and twelve are compi%nions. Mayor Suarez: I'll entertain a motion on PZ-12 to continue. So moved and seconded. Commissioner Alonso: Yes. Vice Mayor Plummer: Mr..Mayor, j Mayor Suarez: Any discussion? If.not, please call the roll,, ON MOTION DULY: MADE BY VICE MAYOR PLUMMER AND SECONDED BY i COMMISSIONER ALON50 THE; ABOVE ITEM WAS CONTINUED TO THE COMMISSION MEETING ON JUNE 20TH BY THE FOLLOWING VOTE: Ta t AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins z Commissioner Miriam Alonso r Vice Mayor J. L. Plummer, Jr. N Mayor Xavier L. Suarez NOES: None. ABSENT: None. 'AkZ1 f ST AT_ THIS POINT, i [NOTE: _THE CITY COMMISSION..TEMPORARIL DEFERS CONSIDERATION OF PLANNING ANp ZONING 'AGENDA; - ITEMS TO CONSIDER A REGULAR NON-AGENE-A'ITEM ] { �„ ff. Z } fig 1 IK 1� f t k. A. to IR b� a; All P k�=s K i 4 _�kti iE�14;5, 3L. 'dl i r•.. _ Xv x. �iB7F P3 Ff i 3t 1; � f x t P :«: iY711ili.aY+risabrlwYfaJ.rlr+ae]raiari..a.i.'eerYriiu�r�iwcaSr ra rr ssab:�r.rirar.r+rri wa.r..r:�artrxi.ei�.la mu. rrrrr�i.raWtf.+r.uYrfui.as y+tK+i1nr. •:, 210 RESCHEDULE DUNE REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO BOTH TAKE; PLACE ON JUNE 20s 1991. ♦WYr.Arlie+rrrWAr.YYiYi�iiiw-----------,err.rrlrrrrr-rr-------------w----.Y.-------- Hi------W. Vice Mayor Plummer: Mr. Mayor, before nine o'clock, can we discuss about the v changing of dates? Mayor Suarez:Yes, Commissioner De Yurre had asked I think, for the change ' for the June dates to be what, Commissioner? Commissioner De Yurre: From the 13th to the 6th and from the 27th to the 20th. Mayor Suarez: OK. M Commissioner Dawkins: What's the reason for the request Commissioner? jr Commissioner De Yurre: I am going to be out of town on both dates. Commissioner Dawkins: You know, OK. I respect the Commissioner's right to go take care of City business, but I get tired of changing meeting dates. Because we are scheduled to meet every second a0d fourth Thursday, and I feel that citizens set their calendars as such, and iY we look... Now, I will make a motion that Commissioner De Yurre be excused to go to whatever meeting he has to go on to take care of City business because that's where he is going, and I 1 feel that we as four people left to carry on the City's business, and it should be carried on, and nobody in the City of Miami should, hold it against Commissioner De Yurre because he goes to do City business. Now that's how I feel. Commissioner Alonso: Yes. I second. Mayor Suarez: 'OK. Now in the past, we have accommodated almost everybody on. this Commission, including yourself. i Commissioner' Dawkins: No'. When I went to Japan, i did not ask you all to change nogdate.. Commissioner Alonso: 'I have never asked for a change. Comnissioner,Dawkins: See, now, come on now. let's be realistic now. Vice`Mayor'PIummer: Can'I ask a question Mr. Mayor? ' Mayor Suarez: Yes. 3' - Vice Mayor Plummer: Mr. Manager, the meeting of June 6th, can you tell me, is it a heavy agenda, or is it a...? ' Mr. Odio: What I saw today... I signed all the memos today. There Was that Ican' { nothing see. `I Vice Mayor PIumner:' Can I suggest to my colleagues' to try to accommodate our 'What'is.'your colleague, that we hold both Commission meetings on June 20th? zoning? Is that..:? I'f`'it's out of line, just tell me so. Mr. Odio; ` I don't; know zoning. How is 'it? . Twenty. We have` fifty-six items, r but I didn't see anything in them that...t'f Mr. Olmedillo: In zoning, there will be four items that wiII not bo heard, because they need ,a thirty day notice. } t Vice° Mayor Plummer: OK. s Mr,k 01mediIIo: ` So we ooulOn't afford., f ti,tr � �= Vice; Mayer 'flowSo will somebody answer for me iVe me lt�t answers. Is it unrealistic to think that we can do that, or is it pQesi4#0;w 1{ ' , cant 4+3. f i £4 23 �..'./S, t'4 P kx "t11��'Cr} Mr. Odi6: Weil, it's realty up to you. ' vice Mayor'Plummer: No. You've gigot to tell me whether it's realistic. I :_ haven't seen the agenda items. 41 Mr. Odio: No. Because it's... 1 did, and it's easy. gut you never know how you can complicate it here. Mayor Suarez: All right. We're going to try, and we are not going to hold you to it. It's not your fault Mr. Manager, as today is. In this case, it's the request of the Commissioner, not your faulty estimate of the time it would take to do today,s agenda. So if there is no further objection, I'll entertain a motion to do both on the 20th. Commissioner De Yurre: Moved. Mayor Suarez: So moved. Commissioner Dawkins: OK. Under discussion. I am going to tell you all up here now. I am voting for this, but I will not rote to change another meeting date for me, and for nobody else up here. Vice Mayor Plummer: OK. Call the roll. Commissioner Alonso: I agree. Mayor. Suarez: Moved and seconded. Any further discussion? You have a problem with that Mr. Gonzalez? Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes. r i Mr. Maxwell: You want to specify the times of beginning for the >regular _ meeting and the P & Z agenda? f Mayoe'Suarez: The planning and zoning will be beginning in the afternoon at two and five for the items that have to after five. And the regular agenda, at nine in the morning. Mr. Maxwell: Nine and two? h fi Mayor Suarez: And two. r -: Commissioner Dawkins: Why don't you come at eight o'clock? Why don't`we'come £, at eight o'clock in case we may have'a long agenda. 3, Vice Mayor Plummer: Why don't you drop dead. Mayor Suarez:, Do you want to try for eight o'clock? That's fine with me. ' Eight a.m? }} Commissioner Dawkins: Yes. u Commissioner De Yurre: I've got no problem with that. Commissioner Alonso: I have no problem. Lr Mayor Suarez: All right, at 8:00 a.m. for the morning agenda. Vice Mayor Plummer: Boy, I do. Commissioner Alonso: You do? }�4 Vice Mayor Plummer: That's too early in the morning, s e ! -Commissioner Dawkins: So we'll go ahead without you, y`�1 Vice Mayor Piummor: OK. • ..: - e ' ,. .., s.3 . �-,N e S a tei � sr :. _... ,. emu. a.�.a. W ms�.,sF:i.«SsY..r'.{G'"`yomt3iOj1,j' Mr..Manuei GoUalet-Goenaga: Commissioners, I suggest that this.., all the meetings of the Commission be Adjourned. You have to go to a party, he has to — go -out an City business at night - what a night club, I don't know. And I have been trying to speak here since October of 1990. And I have... Mayor Suarez: I though you've spoken in every single Commission meeting. In last three or four, you've spoken in every single one. Mr. Gonzalez-Goenaga: No, no, no. You all received an agenda, I mean, a letter from me stamped by the City Manager, and every single one of the Commissioners. You did not put me in the agenda for what I asked for. Mayor Suarez: No, because we had heard you the prior week. Anyhow. All right. g Mr. Gonzalez-Goenaga: No, no, no. I asked for a grant. Mayor Suarez:What is your problem, sir, with being heard on the 20th? Mr. Gonzalez-Goenaga: Well, I have been told this... I have been postponed every month. Mayor Suarez: No, you've not. You have been heard every Commission meeting. Mr. Gonzalez-Goenaga: No, no, no. But not on the issues that I am asking for. Mayor Suarez: You can be heard on any issue you want. Just submit a letter asking to be on the agenda. Mr. Gonzalez-Goenaga: I did last month. Mayor Suarez: Sir, submit a letter asking to be on the agenda. You did not submit a letter last month. You relied on a memorandum that I was writing on your behalf, at your request which it turns out, I did not submit, because you :had :already been heard in the prior Commission meeting. So if you want to be heard again, submit a letter and state the topic within the code, submit it to the -'City Clerk five days, at least five days before the Commission hearing, which is otherwise going to... } Vice Mayor.Plumner: I'll make.a motion at this time that this gentleman,be heard on June 20th at 8:00 a.m., the first item. f Mayor Suarez: There you go. Vice Mayor. Plummer: He cant be denied then. At .8:00 a.m. _on June 20th. Now, you understand the Charter? You have a maximum of five minutes. T r } Mr. Gonzalez-Goenaga: In two minutes i'11 be finished. Vice Mayor Plummer: So, no, no, no. -: Mayor Suarez: .No. That's good you said that, because you, are actually... t , Vice Mayor Plummer: Mr. Mayor, I'll -hold him to the two minutes.' That's what,. he needed.x Mayor Suarez: No, that's -actually what the Code provides, You get two t s4� minutes. All right. _a# Mr. Gonzal ez-Goenaga: < 0K. Thank you. y k F � Mayor Suarez: You will be the first item. Mr. City Manager... r �=ter Mice Mayor Plummer: May V strongly suggest to you, sir, that whatever yQu" wish to... kgY Mr. Gonzalez"Goenaga: My memory is failing now, after being here all day. ` What time again?x Mayor Suarez; Please, please, please. r r `t A t 'q t`td° f Vice Mayor Plummer, Eight a.m. Commissioner Alonso: Eight. f Mr. Gonzalez-Goenaga: Eight a.m., June 20th. Mayor Suarez: June 20th at 8:00 a.m. Vice Mayor Plummer: Yes, sir. x Mayor Suarez: You are on for two minutes, until 8:02. Vice Mayor Plummer: May I suggest to you sir, that prior to your arrival, that you supply the City Attorney and the City Manager what you're going to discuss so they can be prepared to answer it, and don't have to defer you to Another meeting. Mr'Gonzalez-Goenaga: Tomorrow, I will write that letter. ViceMayor' Plummer: To your benefit, sir. Commissioner Alonso: He already sent a letter to all of us. Mayor Suarez: Very good. All right. Otherwise, you will still be on the agenda even without it, because it's at the... - Mr. Gonzalez-Goenaga: Thank you for your courtesy, sir - all of you. Mayor Suarez: OK. Moved and seconded. Any discussion? If not, please call the roll Mr. Maxwell: Mr. Mayor, you haven't clarified the beginning time yet. Mayor Suarez: Clarify. Y4 Mr. Maxwell: Is it eight "or. nine? 1 Y Commissioner Alonso:` Eight. F Mayor Suarez: Eight a.m. June 20thl And in the afternoon times for the planning and zoning as always, two and five p.m. Thank you. Call the roll. Vice Mayor -Plummer: Ding Bong. r Y� The following resolution was. introduced by Commissioner De Yurre, who t€ moved-its.adoption:, ._ RESOLUTION NO. 91-393 " r A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY 71COMMISSION MEETING IN JUNE, 1991 TO TAKE PLACE ON JUNE 20,_19910 COMMENCING AT 8:00" A.M.; AND RESCHEDULING THE SECOND "REGULAR CITY COMMISSION:.'`MEETINGAN `'JUNE, ¢ 1991 TO TAKE PLACE ON JUNE 20, 19910 COMMENCING AT 200 PM. (Here follows body of resolution, omitted here and oni file in the Offlce of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and ' adopted by the following voter AYES: CommissionerVictor Oe Yurre 'Commissioner, Miller J.`Dawkins u Commissioner Miriam Alonso Vice Mayor J. L: Plummer, Jr: E> Mayor Xavier L. Suarez NOES: None. t A ASSENT. None.191, i M V1ce;Mayor u P1 comer : I love getting up at seven in the mornings Commissioner Alonso! OkoAf we need a clarification, Mr. Mayor... Mayor.$uarez: Commissioner Alonso. Commissioner Alonso: ... on eleven and twelve? Mayor Suarez: Yes. Commissioner Alonso: We continue the two items, and I guess we did not set,60 Mr. Maxwell: You didn't say when. Commissioner Alonso: ... the next... Mr, Maxwell: June 20th, will be that now. Commissioner Alonsot June 20th? Mayor Suarez:. Until June 20th. Mr. Maxwell: Yes. Mayor,Suarez: Absolutely. Commissioner Alonso: OK. [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION OF THE AGENDA.] -------------------------------------------------- ---------------------------- - 28. AUTHORIZE. ADMINISTRATION TO DISBURSE $4,000 FROM THE PROFFERED TRUST FUND TO -;THE'; PARKS -DEVELOPMENT FUND FOR PARK AND PLAYGROUND EQUIPMENT, AS DESIGNATED BY COMMISSIONERS* Mii_ --------------------------------------------------------------------------- A Mayor Suarez: PZ-80 is that the one we are up to? or seven? Mr."McManus: PZ-7. Mayor: -Suarez: -:,Seven. 1111'entertain ,.a motion ,,on- this item, Commissioner Alonso: Which one? Commissioner Ooner: Qawkins:�,, Move it. mr. McM4nu3;., Mr.. Mayor, and Com issioners, the, question is, you designate a park of your choice for which... Commissioner.0owkins-t Why? Mr. McManus some playground would be, donated. .equipment. Commissigner 04wkins.­._We can't... 1,thought... Co wissloner A _jqnso: He was going to suggest t Commissioner Dawkins; I'm asking. I thought we left: that to �j 711" ! Mayor-,suaral Yes. I though that we were trying to do this in a global way. _,. Mr. Odio: Pine. r. Mr. McManus: If that is what you want... 4 k�_ , Commissioner Dawkins: I thought that the Parks Department would decide where it was needed it the most. That's what I figured. t Mr. McManus If you want to leave it to the Parks Department... Commissioner De Yurre: No. But isn't that the one that I allocated nor thousand dollars to the Curtis Park Urra Center over there, the dayeare?® Mr. Odio: To Curtis. ._ Mr. McManus: To Curtis. Y 1� Commissioner Dawkins: The full... whole four thousand? - .. Commissioner De Yurre: No, my one thousand. It was five. Commissioner Alonso: I'd like my thousand dollars to be assigned to the park that I:decide, and I am not ready today, so I want you to hold my thousand - dollars.Don't use it. Commissioner Dawkins: Ohhhh. Well who didn't get a thousand? because it's four thousand. F Commissioner-Alonso: He did. Commissioner De Yurre... - Commissioner Dawkins: De Yurre didn't? Commissioner Alonso: Yes. v:. s Commissioner Dawkins: He didn't? a; Commissioner Alonso: He did. j 1 Commissioner Dawkins: He did? , Vice Mayor Plummer: Can I...? Commi ssi oner 'Alonso: He took his., Y Vice.Mayor Plummer: Hello. Commissioner Dawkins`: All right. So now who don't get one? T.hatl.s.only h three left. - {- Vice Mayor. Plummer: I'm calling collect.zl: t Comm ssi oner, Alonso:1 We are four people, we get a thousand each. a x W Commissioner Dawkins: Oh, OK. z fi Vice: Mayor. Pl ummer:. 'Hello Commissioner Dawkins: OK. All right. Vice Mayor Plummer: May I ask please that we maybe, ask the departmet.wher# �s= F is the greatest need? r Commissioner Alonso: That's what we asked last time.ik �p,, Ms. Diane Johnson: There are so many. Vine Mayor Plummer: All right. I am telling yov right now. "ii§ _ } To mej. what 4 C, 5. I have? - a thousand dollars to designate? r x Commissioner Alonso. That's not much money,x� - 9 .: P!00 ig-jif Ms,=Johnsonl At doesn't buy much. Vice Mayor Plummer: OK. Wherever is the greatest need, is where you spend mine. Don't ask me no more. Ms. Johnson: Thank you. Mr. Odio: To the funeral home at..,. Vice Mayor Plummer: That's right, the funeral home on Micanopy 1607. Mayor Suarez: Greatest need. Commissioner Alonso: No. Only parks. Mayor Suarez: Greatest need. All right. Commissioner Dawkins: OK. All right, now. Where is the greatest need at this moment? No, wait a minute, no hold it, hold it. Where is the greatest need where three thousand dollars ($3,000) would make... two thousand dollars _ ($20000) will make an impact? Because there is no sense in me spending two thousand dollars ($2,000)... Mayor Suarez: - They are not ready to touch that. We are going to let them have that discretion, and let them spend that. - Commissioner Dawkins: Go ahead. Ms. Johnson: We could make two suggestions. Maybe, some in West Buena Vista, which"is.a very small park which has nothing in it. Commissioner Dawkins: Nothing at all? Ms. Johnson: No tz Commissioner. Dawkins: It has nothing at all? So we can't put two thousand dollars.JU 000) it won't,,do anything. So go ahead. Now what's the next one? Ms. Johnson; We11. you could: put in some picnic tables and some small spring , toys and things like that. Three thousand dollars ($3,000) would put in a yy ! couple.picnic tables, benches,.and you know, some :small playground equipment.. Commissioner:Dawkins: So if you put :the spring toys, .you've got to put the z sand. Right? Ms. Johnson: That's true. So that would be about it. y Commissioner Dawkins: OK. Wel1, I am J.L.- Take-"... "no-, I'm ain't 901n97t' .: Mayor :Suarez: Wherever the greatest need-is,;is determined by/:the. parks �? Department. .S Commssioner Dawkins: OK. Come back and tell me and 'I will let you know, ,fir t1�#x whether to put my thousand there.' Mayor Suarez: All, eight. As.to his thousand�.dollars, please reserves the until you have consulted him.: .So moved and 'second. Anydi.scussion?;ilfgpt k ;- please call the roll x t i k n. { s y - •!; — f #�, 99 yap _ ��.5:.-U C 154 ' ram" toy Po�r6H�+ -u f-ac x3a �nkPM4 �+,� 17 resolution was introduced by Commissioner RESOLUTION NO. 91-399 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE FINANCE DEPARTMENT TO DISBURSE A TOTAL OF $49000 FROM THE PROFFERED TRUST FUND TO THE PARKS DEVELOPMENT FUND FOR PARK AND PLAYGROUND EQUIPMENT IN CITY PARKS) AS DESIGNATED HEREIN BY MAYOR SUAREZ, VICE MAYOR PLUMMER, AND COMMISSIONERS ALONSO AND DAWKINS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, 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 resolution was passed ' COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: This is a motion of... =' Mayor Suarez: Resolutionauthorizing the City Manager to instruct the Finance Department to disburse the amount of $4,000`fro,n the proffered trust fund to the Parks:Development Fund with the exception of the proviso that Commissioner a Dawkins requested for his thousand dollars. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez*: "PZ-8, resolution... IA Commissioner Alonso: It's done. We already did that. Vice Mayor Plummer: I thought we did 8. Suarez: ...done: Mayor . - - --- --------- - ---- ------------__-------_ - -- - -- -- ---- -- - - ------ - 29. DENY PROPOSED FIRST READING ORDINANCE' AMENDING 10544 (MCNP) FUTURE LAND z USE PLAN MAP AT 24-176'S.W. 50 AVENUE, CHANGING LAND USE 'DESIGNATION FROM; SINGLE FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL (Applicants: Roberto B. & Ena J.-. Vega) . 7, h,� _——r---..w—_....----_ •___—fir.—_.. n.—w.w.— .___ •__—__----------------.-------_-----.—u... ,..'... c'Y.B. [NOTE: INTERSPERSED THROUGHOUT THE HEREIN`TRANSCRIPT,:ARE:` 06mi5gioner DaWkihst Put them down, please. Mayor Suarez: Complete your presentation. Mr. Olmedillo: Yes. For the record, the Planning Department recommands denial on both. The Planning Advisory Board recommends denial on a six to two basis. The Zoning Board recommended denial on a five to four basis. The application is to change the classification to duplex zoning, and the applicant has stated through his representative that what they want to do is something like a planned development on a..,, which goes through a special exception hearing before the Zoning Board. Vice Mayor Plummer: Where is the applicant? Mayor Suarez: Swear in the applicant, and... Does the group against have some spokespersons that are going to speak? Not everybody, please. Somebody tell me that you are organized, and have one or two people that are going to speak - on behalf of the group. Well swear in everybody who might speak. Please raise your right hands and be sworn in. All right, sir. Mr. Michael Anderson: Thank you. Mayor Suarez: No, no. Raise your right hand too. Commissioner Alonso: No, no. Raise your hand. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES Mayor Suarez: Very good. Let the record reflect, everyone had their right hand raised, was sworn in. Yes, sir. Mr. Anderson: My name is Michael Anderson, I am an attorney at offices at 10761 SW 104 Street, and I represent the applicants, Roberto and Ena Vega. My clients have owned this property for twenty years, and you can take a 1ook at the yellow and you will see that this is probably one of the most irregular pieces of property that you could find. The property has on it right now a little three unit apartment building. A very old three unit apartment building, and a house. There is a lot of tots that are just vacant, completely vacant. My client originally applied for an R-3, and the reason he applied for an R-3 is, if you look at that... the lot just north, it's called lot one.., well, he has got this 'in his backyard, this big `apartmentbuilding. And before<the first meeting that we had on this, I told him... we sat down, we looked at the area, and we said, you know, this really isn't right. Even though, on Flagler, Street you have a big apartment house, you've got to conform to the neighborhood. So that was when I got involved, and it was just before the, first Planning Advisory Board meeting. And 11 said, weTVj .. let!S take'a;loak at the, area. So we took a Iook'at the area, and we IFound.::--and if you look at the -lots i n this area, you will notice ` on 5Oth Court',, Al;l% these lots are very 'small lots. Theyareactually, platted -at twenty -five, -by., sixty: The people, across from my client's property have built on- three thousand square feet. In -other words, they have taken two lots',` twenty -five -by sixty ., and they have built a home. Every lot across the street is like that. So we said, -well,- you know, we've got to conform with ,what the people have :in the neighborhood. And so what we did, is we reduced the application to an R-2. And I said... you know, we discussed this. We don't want to build a_duplex,# we -want tobuild single family homes. If we could have made application.for}a single family district,. which had one unit per three .thousand square. feet which is what everybody else across from us, and just to the south of us have,; that's what we would have done' But we had to ask for the R-2 solely -to t the same density that the people across the street, and just to the southTw . have. Of course, to the north, that big apartment is much higher density. G So, if you look at almost the entire propertysurrounding us, and; even.,his lots which he could build small houses on, he is basically asking for just-' �> really a change :in the lot in the back, that's tot three. which is abutting this apartment building, Commissioner De Yurre: Well let me ask you this, Are the objector Opposod to single family homes there? , 156MY 2,x OPTh ! 7t5 Are, Andersont they seem to be opposed to anything we ask for. I tried to ex iaittii.. We tried to meet with them.,. Commissioner Be Yurre: Hold it. Now, if there is no opposition to single A family homes legally, if we were to give the pj2 zoning, can they provide a covenant saying that they will only build a single family home on these properties Mr. Anderson: We have provided that covenant to the City, and we have said... Commissioner Be Yurre: Hold it, I am asking my City Attorney. Mr. Anderson: Oh, I'm sorry. Ms. Miriam Maer: Yes, they could. And in fact, they have provided with a .5 S�t covenant. Unfortunately, it's our opinion that the covenant doesn't in fact provide that there shall only be the single family home that we understand it to be on a single family lot. - Commissioner Alonso: You mean the size of the lot? Ms. Maer: The size of the lot is an issue. Commissioner Be Yurre: Which is...? What would be the minimum required lot size for a single family ,home? Ms.' Maer: What they are proposing is a three thousand square foot lot. This would be a change of zoning district. Right? So the minimum lot size would be the five thousand square feet, and they are trying to get the sixteen homes in, on three thousand square foot lots. Commissioner Be Yurre: Which would be lots of what size? - thirty? Commissioner Alonso: Three thousand. Commissioner Be Yurre: Yes. But that would be what? - like thirty by a hundred,"or by...? Ms. Maer: Yes, but each lot size would be what?,- thirty by sixty? r Mr. Anderson: Actually what we want to'do is... Ms.' Maer: Yes, sixty by fifty. Each lot would be sixty' by ty°, approximately. Commissioner Be Yurre: Is that what you are looking at? Mr.,Anderson: Well, what we°would like to do is aplanned unit development`: We have forty-eight thousand'square feet. We -would like to close _1st' Which 'is 'right there; which would give us over fifty thousand, ,and `ask for only'sixteen homes. In other words, we have forty-eight thousand feet right now. We provided a covenant with a maximum of sixteen. So the closure of the street would ' not' give us that extra home.' It 'would 'simply..: Commissioner De Yurre; Do you have any drawing as to what it would look`like� F( u y' p An lane? " Mr. Anderson: No. We would have to come back. We have said.we would Dome, back -for a special exception permit, and at that time; we would' have... =fit Kam: x would be�up to the City as to whether we would yet approved for that number and so forth. But we have provided a covenant that says that's the maximum we` Would put on there. _ ,Y= Commissioner De Yurre: Now you're not talking` about a walled in'kind of..*, ? Mr. Anderson: Right. Commissioner De Yurre; You're not talking about a walled in?, ,-K . 3 i�r.•Andersdn; Yes. But not trying to put a separate house on a separate because it just doesn't seem like it's appropriate for that ,odd property. x 1571� • ; e • ,w a S �11_1�`11_11`1." Mt You're not talking about walling k- Mr. Anderson: Well* we are talking about whatever the City would want with a planned unit development. If it's a walled -in... Commissioner De Yurre: Well, you know, what we want, is what the people wants You know, that's basically what we are looking at. So I am trying to find out what is it that people are objecting to, and where we can find, you know, some = compromise. Mr. Anderson: We would be happy to meet with them to try and find it, tried to... Commissioner De Yurre: Have you met with them? I've Mr. Anderson: Well, what happened is, I tried to meet with some of the people, and they don't actually have like a... somebody who will get everybody together. I tried to meet with Mr. Cardenas, and he said he wouldn't get the people together. I talked to Ms. Prinzo, and she said... I tried to explain what we want to do, and she said that she couldn't get the people together. And so I you know, I tried to talk to everybody I could after each of the meetings, and I had phone numbers and so forth, kut I didn't... Commissioner De Yurre: Well, I think that, you know, it's important that you show you know, what you're planning on building, and how you are planning to build it, so that people can understand what the issues are. Mr. Anderson: Right. Commissioner De Yurre: You know, if that can't be made clear here tonight, and I doubt that it can, because there is no plans, there is nothing to 4 visually you know, comprehend or analyze. We +nay have to look. at deferring this for you all to get together and work to see what can be _done.: Mr. Anderson: We would like to get together with them, and we would like ,to do a plan.. ,Y Commissioner De Yurre: Good. Then I would move to defer this itemto the next possible available meeting, so we can hopefully:come to: some,compromise . Commissioner Alonso: Sothat the neighborhood can understand what is;the - situation, and perhaps when they see that it is a single home, lots of .fifty - by sixty, that might not be as bad as.they think it is now. Y=' Mayor Suarez:. Yes. Because otherwise, we will vote. Go head, no-, no, no,.:at the mike.: Remember that what is being proposed is that they wll] have to — satisfy you. Otherwise, we are not going to be voting favorably to thus, ,I don't -.think. At least the maker of the motion has indicated that he wflV hot, — vote.. ma.'am, hello R Mayor Suarez: What he is saying is, that they would have to satisfy.you for us to be able to -vote favorably. If they don't satisfy you, you are going "to °— win probably, from what the maker of the motion is saying. If they come up with'a`single family home scheme that is acceptable to you and it makes sense for the neighborhood, maybe we would approve it. If not... t,- 34v Ms. Starkey: Hello. Fine, if they are asking for single family homes the y 3 don't need R-211 A Mayor Suarez: Well.. what's the answer? Ms. Starkey: -It's already zoned, single family home. My name is... Commissioner Aionso: Well the answer is, if they give a covenant,:1hay will be limiting themselves. Mayor Suarez: It's a planned unit developments Can, they do that,with the present zoning? t - t3 C4LL +i 4. ........'t ....�, ....>_� dam... 3,Z8. � SS n Mr* Olmedillo: No. They couldn't do a planned, unit development unless they dot this fifty thousand feet. If they go into fifty thousand feet, yes, they can do the planned unit development. Limited to Mine units per net acre. Mayor Suarez: God, I am always hoping one of these days I am going to get a n simple.answer to a fairly simple question. Commissioner Alonso: But the answer is, what they have right now, they cannot do it. Mr. Olmedillo: Yes, they could go to a planned development if they close the street. If they get closure of the street, they get fifty thousand square U9 feet. They could go to the planned development on an R-1 base which gives them nine units per net acre. Commissioner Alonso: Yes, Guillermo, but it will be five thousand a square feet, per. Mr. Olmedillo: It will get to five thousand square feet, yes. r'— Mayor Suarez: Under the proposed idea, and the motion, they would have as many as how many, you said counselor? Mr. Olmedillo: Sixteen. Mayor Suarez: Sixteen single family looking homes. Except that they would be really only using up about three thousand square feet, each one, and might be something you would like, and you can come back and tell us, that's such not a bad proposal. We are not... you know, it would never be a duplex or anything like that, OK? Or, if you still, you know, don't think you are going to be -_ satisfied, you can just..0 you know, we can have the complete argument here tonight - however you want. Ms. Starkey: My name is Zelma Starkey, I live at 200 SW 50.-Avenue. Commissioner Plummer, and the Mayor, and your other Commissioners, we have been to two planning advisory board meetings. We have been to a zoning meeting. We are now in.front of you as the City Commission. I am speaking for_most of the neighbors on 50th Avenue. We have other speakers here for 49th Avenue and 51st Avenue. These people are all opposed to any change of zoning. Whatever. single family houses are allowed for Mr. Vega;:to.build,_-we have no objections. The neighborhood is single family. We have no -objections to. single family homes. Our objection is to any,change of zoning which will enhance. his profits, because if he gets a change of zoning, he can. then _ possibly sell the property, somebody else can come in and ask for another t change of zoning, and it will completely wreck the entire neighborhood. This is why ; everybody here is opposed to any change of zoning in this .-area.. The Y w - street that he is_talking about, two thousand square feet, I understand= -he has to buy. from the City, because it 1s not his property, and he cannot buildl on; it. If he wishes to buy the street, and build a planned unit development, that's his problem. We don't object to that. We do object to any change of zoning,.however. And we do object to any deferral of this; because we!ve been here - this is our fourth time. Mayor Suarez: OK. You'.ve very :eloquently... ' Y z Ms. Starkey: Thank you -very much. Mayor- Suarez: ... and cogently, stated the position of the opponents, and - I 4yr ;fir have a feeling that it will not require too many others to state their ,< position. Did.you actually, make the motion, Commissioner, —'or may we just " continue hearing the proponent here? OK, the motion is to continue the item. s We have heard your argument, why you are against it. I don't think it needs y 2t� to be repeated, but it doesn't have a second right now, anyhow, so, Let's see if i t has a second. Commissioner Alonso: Yes, I have some questions. Mr. Olmedillo, can you tell t me the.., e Mayor Suarez: Can we just resolve if we are going to have a second on tale motion to,continue our,,,? Commissioner Alonso: Yes, I second, for discussion, 159 14234 1 a a t , ti r tftl ssfonie bawkins: Pardonme gust a minute,,Madam Commissioner. I think oVeryone out there should know, this is the last item that we will hear. It is nine rhinutes to nine, and we quit at nine o'clock. Mayor Suarez: Why do we seem to have some people related to St. Hugh Oa:ti87 Is that...? Was that resolved to the satisfaction of both sides, at Cetera, at cetera? Mr. Anderson: Yes, it's been totally resolved. Mayor Suarez: All right, maybe we will... h Commissioner Alonso: Fourteen, we need to take. Mayor Suarez: And maybe, we will try to do that.if everybody is in agreement, :v and if we hold a'Commission majority here. And stay within our basic rule of -.- Commissioner Alonso: No duplexes in that area? Mr. Olmedillo: "Excuse me? Commissioner Alonso: Are all of the properties they have here in yellow, are they 'single homes? `- all of them? Mr. 0lmedillo: Along 50th Avenue, I think there is a duplex on one of the sides of the street, but the majority of it is single family. Commissioner Alonso: Single family? Mr. Olmedillo: On the -west side of the street there is 'a 'house that looks like a .duplex with a house in 'front and a house in back. Commissioner Alonso: So We don't really know the answer.,° They say no sing1e,..homes . ,- They are pretty sure or not, we don't know the ,answer. I mean Mayor. Suarez: T s , our,, ur: tlepartment is not :prepared to'... You want to say anything''furttier? I d'`think any Commissioner is going to be inclined to,.. Well, so far'I don't, know anybody who is inclined. to accept your, proposition here if the K neighbors are agai nst it, "k „n Mt,.' Anderson:. But let me say this. The fact is that we, could build aboui; sixteen _homes on�this�property right now, Because you .are allowed to build.on eYery :1 i ttl a platted 1 ot: The idea i s that if we start fresh, 'we've ;'got to tear down -a three unit, apartment building and a house. I'don't..:'; { Mayor `Suarez: Why is that, 'Guillermo? If' each one of `ahem is not'fiva thousand feet, and if that.:. I though was a zero lot line requirement.` Mr'. Olmedillo. If a property was'platted before..: #: Mayor Suarez: It's grandfathered in? fr, Mr: 0lmediIIo: }It's grandfathered in, It's leg 11y platted.` � Commissioner Alonso: How many units"are we talking about then? ,jq ti Mayor -Suarez: He is saying..., a t� Y ( y Olmedi l t o; They would., have sixteen very, smei l tots. it w 11` i Ifs difficult, but th+sy could manage to build sixtean utii ts,, �z. v ;= Commissioner :Alonso: ..You mean to ell t me that they can.,bui lei right tIPW� oe* they hav0 it: sixteen houses? Mrs 1mad 110i e It _ you can g,et ar0un�i the acl;es's Rr061,m, Cp#CiYablyiUt 5tBn .hQ185 th�'ri. t ,f t< _ 7 4y sg'SCOLf 4i FS they meet with the Mayor Suarez: With..* Howwouldthey solve the access problem? Commissioner Dawkins: That's rig,;#:. The access is the problem, right? _ Mr. Olmedillo: Yes, the access is a problem because... Commissioner Alonso: The law says that if he owns the property both sides, he can acquire that street. Mr. Olmedillo: Yes. You can see the configuration of the lot is somewhat Ae strange, soyouwould have to have access to the larger lot. r Mayor Suarez: He is going to need to do a PUD no matter what, and it sounds like the neighbors are not going to let you do i,t, counselor, beyond the five ? thousand per square per lot, equivalent - five thousand square feet. Commissioner Alonso: Or the platted lot with an entrance because the... Mayor Suarez: But only... Commissioner Alonso: Can they acquire that piece of land since they own both - sides? Yes, the law says, yes. Mr. Olmedil_lo: That will be a street closure process coming before this Commission for your approval. Commissioner Dawkins: This gentleman wants to say something, Mr. Mayor. Mr.,Mario Dominguez: My name is Mario Dominguez, 101 SW 50,Avenue. I really — would like to make sure you understand. Like Mr. Vega keeps bringing these - pictures into the meetings, and this is.very conflicting and confusing:,. This building.doesn't represent the street that he is.talking about. Commissioner Alonso: We know it's Flagler. Mayor. Suarez: No,. no. We are not looking, at least I am not, from, -MY position looking at ,that at a11.i Mr..�.Doman Dominguez: '` Secondly,, we welcome all the neighbors, that get... :he 'is 9 Y g trying' to confuse you guys. We welcome him. .:buiIding.any new, houses,;because r What he has got there now is terrible. He:converted a house that was a single house into four bedrooms. He violate... he has been found guilty, and it's r approved from ".Mr. Carbonell from the -Zoning Department of. different Violations. And he�was found°guilty until April 15, and he was supposed-to:rbe paying -two 7 hundred and fifty dollars ($250). At that time, he clean up the whole thing, and he was found guilty for building against the code - violation {_ code. _ Vice.Mayor Plummer: 1s,that the Code.Enfor.cement Board? Mr. Dominguez: Yes, sir. 4a Vice Mayor:Plumner: Well you don't really expect them to do anything, do you? Commissioner Alonso; Oh, he corrected the deficiency. Mr, Dominguez; Well, he was building without a permit. ) Mayor Suarez; Mario, the question is, does it make sense for us to continue3£ this item, and have the neighbors understand that maybe, he can do - am not convinced he can - he can do what he wants without a rezoning, anyhow,: Mr. Dominguez; We know that, and we welcome for him to build,} right now !sixteen houses,::, We have no objections whatsoever forhim to build siixtee houses, But the ideas behind this, that he wants this to become R-,p. knowing him, file part hietory in i<o the _neigrborhood;: ho .en,r itsd k sixteen houses, he can make thirty-two, . Which creates .all ;;kind,.. ;WaA' 163(:� f 1 E h irI'P� y .YSi have a library in the area, we have elderly people, we have been living there . f6r Over twOnty ydars, and we have a lot of kids.going back and forth from the schoolst He gets away with this, and he create more that sixteen houses. Mayor Suarez: Your client doesn't have a very good reputation. They don't believe he is going to do anything. Commissioner Alonso: Well, let me tell you something. if he is thinking to build anything above sixteen, I don't think he will have the votes up here. Mr. Dominguez: Well, he will. He will, if you give him the OK. Commissioner Alonso: Well, I'll tell you something, he is going to have a hard time. Mr. Dominguez: The first time he tried to build forty units, and he was denied. That was the first meeting. Then he changed it to R-2. Mayor Suarez: Well, we have the same juncture that we had a little while ago on another item. I have a feeling that there are the votes here to deny his application. At the same time, a continuance may make the most sense, so that you'd be convinced that there is, and he'd be convinced that there is nothing better to be accomplished here. I mean, I would vote either way against what he.is requesting, but I... it might be a good idea for you to take the extra thirty days to be convinced of that and for him to be convinced that he is not going to get anything better out of this Commission. Mr. Dominguez: Yes. Can I ask you to be so kind, to translate in Spanish, as the majority of these people do not speak English, and they don't understand.` But they are registered voters. They vote. Mayor Suarez: All right. s` Commissioner Alonso: OK. Mayor Suarez: It's restating that in Spanish is not'all that easy. .You want` to try it? Commissioner Alonso: SI. LO QUE QUEREMOS EXPLICARLES ES QUE`ESTAMOS - PIDIENDO QUE SE REUNAN CON LOS VECINOS PARA QUE TODOS USTEDES TENGAN LA OPORTUNIDAD,_DE ENTENDER QUE ES LO QUE SUCEDE. ESTAMOS,TRATANDO DE ACLARAR_Y EXPLICARLES. QUE PROBABLEMENTE, AQUI NO EXISTEN LOSVOTOS PARA 'QUE `EL'`PUEDA - CONSTRUIR MAS DEL' 16 CASAS SOLAMENTE`CASAS',''RESIDENCIAS INDIVIDUALES. PERO _ ESTAMOS DANDO LA OPORTUNIDAD DE ENTENDERLO 30 DIAS_ PARA QUE SE REUNA, CON USTEDES, EL ENTIENDA BIEN, USTEDES ENTIENDADN BIEN,'CUALES SON... EL PROCESO ENTONCES REGRESEN A NOSOTROS.PARA LA DECISION FINAL.` - r mayor Suarez: EN ESE PROCESO TAMBIEN OUEDEN CONTROLAR LA CONFIGURACION DE LO QUE HARIA.EL, QUE DE LA OTRA MANERA NO PUEDEN CONTROLARLO. EL PUDIERA PONERLO DEILA MANERA QUE FUERA DENTRO DEL...Mario... Comnissioner.Alonso: ESTOY DE ACUERDO. " g Unidentified Speakers Let me know that.... ti Vie Mayor Plummer: Hold up on that. Mr. Mayor.:°' Mayor Suarez: Yes.. s Vice Mayor Plummer: I appreciate my colleagues translating. ``And'Mr. Manager, the only thing I am asking in return, is fairness. Mayor Suarez: Is translate back to English. Commissioner Alonso: No, we ,just,.. Vice Mayor Plummer* No, wait, wait, wait. You're missing my point. Mayor Suarez; Sorry. rT ;. Vice Mayor Plummer: OK? I think this City is absolutely correct in potting �r .� out applications in Spanish and being responded to in Spanish. Rut I wouldtr also like it to be translated into English. Thank you, sir. rnr c 777 y i My+�irtiaires Al right. 5t_ Mr. Dominguers There is one final statement. Mayor Suarw Thd:magic hour is drawing near. we have to... Commissioner Alonso: Yes. Mayor Suarez: Yes, go ahead Mario. Vice Mayor Plummer: Well if you put it in my portfolio, translate it. Mr. Dominguez: OK. Let's make sure you understand that all the neighbors know, it's no need... the thirty days continuance is for us to know. They all -SHE know what he wants, and he has made threats at the beginning of this whole €, process, and now he has indicated... Mayor Suarez: Threats? Mr. Dominguez: Oh, yes. He made... - Vice Mayor Plummer: Threats? Mayor'Suarez: What kind of threats? Mr. Dominguez: Personally he made threats to me. He told me, and he told one j of the neighbors that unless he gets this spot, he will have some people 1, coming to the area and breaking windows, and hoises, and he will destroy the E Mayor Suarez: That's not a real smart idea. Vice Plummer: Not at all. s$ -Mayor Mayor Suarez: Because any threats that we hear about, we are going tohvote , against him, twice, three time, four times, and we are going to lower the hammer" on `him if that can be established. Vice' Mayor P1'ummer: Mr. Mayor. Mayor Suarez: I'm OK either way. I'll be just as inclined to just deny it right-. off"the bat, if that's what anybody wants to move. Vice'Mayo r`PIummer:The motion on the floor is a'deferral If my colleagues feel 'strongly on a deferral, I would vote for it;, but I want to state for the,._ record,, it will not deter, my vote of voting against it when it comes before us. So I am'just merely stating as a...' Mayor Suarez: That applies to me too. Ditty fur me. So _I am ready-, to vote any way.�y}p^_1 'Vice Mayor Plummer:` That for."my, colleagues who ask for that right, I don't rr �4i� want to deny"them,, but I!ve had enough testimony=. Commissioner Dawkins: Stop editorializing, and lets vote. �. Vice Mayor Plummer: Go home. `- Mayor Suarezr Do you want to withdraw your motion to continue and just..,? oaf- �t Commissioner De'Yurre: You know, my wish to defer was to give him a chanceto, ' work something out,' but if the Commission is ready to vote, then they airs not , going to be swayed by anything. 3 P )Aypr Commissioner'Alonso: It is my feeling that if ti,ey meet with him, at the and, 4 ` he is going to build something. Sometimes when the neighborhood meet iih the )° person, they can get a better... y Commissioner De Yurres Some influence - input. x t i of 11��)#F�'w�� _ 161 i{ A3 U3 ft . $,'L7-Sw' .9 .SY et 3•.Y *, 1 4 `f ?y7;' WN _ i � h 175 f" .Y comissidher Alonsot situation* what hu builds, is better for the ; =A neighborhood. But if they want us to take a vote here today, we go ahead and Y take it Mayor Suarez: OK+ Please, please. All right, in view of all that, and having heard all of that, if you want to withdraw your other motion and move to.a: .ram Commissioner De Yurre: So if we vote to grant it, then that's what they want'. They want a vote tonight. =F INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. Commissioner Aionso: We could go either way. Vice Mayor Plummer: I dare you to translate that! lat Mayor Suarez: All right, we have one or two other matters we have to resolve tonight, so let's... Commissioner De Yurre: OK. I'll withdraw my deferral. Mayor Suarez: All right, I'll entertain a motion on this item. Vice Mayor Plummer: Move to defer. Mayor Suarez: You want to say anything, counsel? Vice Mayor Plummer: I move to deny. Mayor Suarez: You want to say anything before the boom is lowered here? Mr. Anderson:- I think the problem is, just like what this.gentleman;said. He says, they. are going to have thirty-two units there. We are saying sixteen, and I mean, that's what he is scaring the people with. He is. scarin them that we are going to have thirty -two -units there, when we tell --_him, sixteen. And.I think that that's why they are against this, and that's why we can't get LT anywhere with them. Mayor Suarez: OK. I think they have made other arguments why they are, a ainst it. Commissioner De Yurre: Second. Call the roll. , Mayor Suarez: Moved and seconded. Motion to deny. Any further discussion? `If not, please call the roll. } The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO-91-1400 ;. A MOTION -,.TO'DENY PROPOSED FIRST READING ORDINANCE TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY - CHANGING LAND USE DESIGNATION AT APPROXIMATELY 24-176,yd S.W. 50 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO§ DUPLEX` RESIDENTIAL. ufi:i �I {� Upon being seconded by Commissioner De Yurre,.the motion was passed adopted by the following vote:y� AYES; Commissioner Victor De Yurre Commissioner Miller J. Dawkins�P. Commissioner Miriam Ai onso Vice Mayor, J. L. Plummer, Jr. Mayor Xavier L. Suarez t NOES: None. 4 '^ ABSENT. Norse. 9( fl ' 164 y hSui C 1 ''}rkj- e sX ' s i. aw+ii`.�r.yYwcati ZX [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING AGENDA a ITEMS TO RECONSIDER A REGULAR NON -AGENDA ITEM.3 --r--------------- ----r r — —r — — -------------- , 30. (Continued Discussion) AMEND 91-389 - ACCEPT $5,000 DONATION FROM THE AMERICAN EXPRESS PHILANTHROPIC PROGRAM, FOR PURPOSE OF INCREASING CITY FUNDS FOR RELIEF CAMPAIGN TO ASSIST COSTA RICA FOLLOWING EARTHQUAKE DISBURSE TO: COMISION NACIONAL DE EMERGENCIA/COSTA RICA (INSTEAD OF COMISION ESPECIAL DE VIVIENDAS/COSTA RICA) (See labels 2 & 11). _---------------------r-_-----_r_----------------------------_---------------- Vice Mayor Plummer: Mr. Mayor, for the third... Mr. Olmedillo: There is a companion item. Commissioner Dawkins: St. Hughs, and let's go home. - Vice Mayor Plummer: Now wait a minute, wait a minute. Please. Mr. Olmedillo: There is companion item, Mr. Mayor. Vice Mayor Plummer: I've got to do this, for the third time. Commissioner Dawkins: OK J.L. Go ahead, J.L. - Vice Mayor Plummer: A resolution amending Resolution 91-389 adopted May 23rd 1091, to substitute Comision Nacional de Emergencia/Costa Rica, as the ,entity to whom the amount of five thousand ($5,000) in the form of a cash donation from the American Express philanthropic program should be disbursed. I so move. Commissioner. Dawkins: Second. Vice Mayor Plummer: God Almighty! t' Mayor Suarez: What is it? Commissioner-Alonso: The third time today. Ms. Maer: You have to do 12, PZ-12, Mr. Mayor. ,- Mr. Olmedillo: Twelve is a companion item to eleven. Ms. Maer: That's the change of zoning for the Complan. 1 r Mayor Suarez; What is the item before us? Ms. Maer: PZ-12. t Ms. Matty Hirai: Roll call, Commissioner Alonso: Continue? To continue? I so move. Pt_ J; Mr. Qdio; In,order to deny eleven, you have to eo twelve. Y 5h{[ a Ms. Matty Hirai:. Excuse me, Mr...t: Mayor Suarez. No one please address this Commis.ion.. Commissioner Alenso; You ...need PX-12? 1 } Mayor Suarez; ... unless reco nized right how. Not anyone from staff no ' tS r� anyone from anywhere, please. Very good, Pleas;. Bye bye everybody, that was k 4 involved in the prior item. You got what you waned. E �e xj Ai,G.,ys# vtY gMx ,.F.-:fi r jx. 16P,,.. ; a C'umrtissionor Alonsoi P2-121 Mayor Suarez: Celebrate outside-. E Ms. Magri ` P2 11 was the Complan`amendment. PZ-12 is the change of zoning. Mayor 'Suarezt Please, Madam City Attorney, please ma'am. Thank you. Can we vl have the chambers back. Now; what is the item that Commissioner, Vice Mayor Plummer movedl What am I supposed to vote on? �- -ri Commissioner Alonso: It was a resolution, again, one more time. Ms. Maer: That was PZr11. It was a motion to... n Vice Mayor Plummer: No, a resolution amending... Mayor Suarez: Madam City Attorney, you are out ,n space somewhere. 5f =r Ms. Maer: I'm sorry. Mayor Suarez: Commissioner, Vice Mayor Plummer, what was the item that you wanted voted on? Vice Mayor Plummer: A resolution amending Resolution 91-389 adopted May (today) 23, 1991, to substitute Comision Nacional de Emergencia/Costa Rica as the entity who the amount of five thousand... Mayor Suarez: OK.' Is that formalizing the prior item that we voted on? Vice Mayor Plummer: Yes, sir. Commissioner Alonso: Yes. Mayor`Suarez: Thank you. Moved and seconded. Any discussion? If not, x>' 3 please call the roll. S� The following resolution' was'` 'Introduced "by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-401 i. A RESOLUTION AMENDING RESOLUTION NO. 91-389, ADOPTED MAY 1991, TO SUBSTITUTE "COMISION NACIONAL DE .23, EMERGENCIA/COSTA RICA"` AS` THE ENTITY TO WHOM THE AMOUNT OF $5,000 IN THE FORM OF A CASH DONATION FROM: - , THE AMERICAN EXPRESS PHILANTHROPIC ?ROGRAM SHOULD BE DISBURSED.. „. (Here follows body of resolution, omitted here and on. fife in the Office of the City Clerk'.) " r Upon being seconded by Commissioner Dawkins, the resolution was passed r� ,w ' and ;adopted by the following vote: 'AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins' Commissioner Miriam Alonso Vice Mayor J. L.' Plummer, Jr. Mayor Xavier L. Suarez4 4 { a NOES: None. R� Y a ABSENT: None. ZZ, �yK ENOTE: AT THIS_POINT, THE CITY OOMiISSION �r R IES 0NSIDERATION OF ITEMS ON "THE PLANNING ;{ AN Q BONING PORTION OF THE AGENDA. . - �Y r.x-_ .... ._..'i.r.T. .i .- i U._ . b. tiL. ':3dtrtK....t ♦ niHei.�aLL'-i y d i �i`� �'f'p ,' , i.Y'sillirYiai.W...Y4�11iYiiiYiYtWilii.ii.'i fi lf.4.li ai.c$i J4Y.ii.i tir YYWiY.iLi7+x►+. iwrG.asr.s.a...F�ri:al.rw.rr:`wa. wiii:ii iY...r+i.Y11r .iii iYiit4illYYd1 ,. 31. DENY PROPOSED FIRST READING ORDINANCE AMLNOING 11000 ATLAS AT 24-176 S.W. 60 AVENUE BY CHANGING DESIGNAT16N FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL (Applicants: Roberto B. ► Eft J. Vega). - ►-- ------rrii.---------------------------------------------------fir---------Yi --- Mayor Suarez: Now, which items does any Commissioner want to hear? Ms. Maer: PZ-9 and 10. Commissioner Alonso: PZ-12. Commissioner Dawkins: St. Hugh, and I am going home. Ms. Maer: Excuse me, Dr. Alonso, it's PZ-9 just got voted down. Mayor Suarez: I said Commissioner, Madam City Attorney, please. Thank you. Commissioner Alonso, what did you say? t Vice Mayor Plummer: What's on St. Hugh? Commissioner Alonso: PZ-10. Mayor Suarez: PZ-10. Vice Mayor Plummer: What is that? Mr. Olmedillo: It's a companion item on 9, and you need to vote on it. Ms. Maer: Nine and ten. Mayor Suarez: All: right, please Madam City Attorney. ` .r Commissioner Alonso: So we have to move on the 9? Mayor Suarez: Now, PZ-10 is companion item to PZ-9? Is that what you are trying to-telI us? Mr: Olmedillo: That is 'correct, k, Ms. .Maer:° That's what I am trying to say Commissioner De`Yurre: Move to deny. Mayor Suarez: We need to be consistent to vote on PZ-10. r A Commissioner Alonso: Yes. Vice --Mayor Plummer: Bye. Goodnight. F z , t Mayor Suarez: Moved and seconded, Thank you. Any discussion? if not please call the roll. The following motion was introduced by Commissioner Alonso, who moved � its adoption:# �g MOTION NO# 91-402 I A MOTION TO DENY PROPOSED FIRST >READING ORDINANCE TO AMEND ZONING ATLAS AT APPROXIMATELY 24-176 S.W. 50 N - AVENUE FROM .R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO " FAMILY RESIDENTIAL.. ' ��� Upon being by Commissioner Dawkins, seconded the motion was PA$5041 an adopted by the foIIowing vote;lnv Y 167 . ..... .. . .. k yi 'AYE31, Commissioner Victor 0e Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummar, Jr. Mayor Xavier L. Suarez NOES: Nona. ABSENT None. F_ ---------- ..w--------.:..-:.---------------.---------------_....-..r....,..........._..--- ._r 32. APPROVE MAJOR USE SPECIAL PERMIT FOR ST. HUGH OAKS PROJECT AT 3677-3601 S.W. 37 AVENUE; 3676-3698 FRANKLIN AVENUE'& 3621-3699 MARLER AVENUE (28 SINGLE FAMILY RESIDENTIAL UNITS) AS A PLANNED DEVELOPMENT OVERLAY DISTRICT (Applicant: Department of Develooment & Housing Conservation). a:`wrtw.rrrrrr�.rr.r��..rrrrrrr�r.rrrr—ritt+rr.rwr—r....r�.—rrr—rv..rr�rrr.r ..w..rr..rr..wrrr`.rtr:r:,rr - ' Commissioner Alonso: OK. Now. Mayor -Suarez: Now. Commissioner Dawkins: St. Hugh. Mayor Suarez: St. Hugh is which item? Vice Mayor Plummer:. What item? Mr. Lou Wechsler: Sixteen. Mayor Suarez: PZ-16. Now. Mr. McBride: Fifteen. Mayor Suarez: Please, please. You are not a Commissioner yet, Mr. McBride. Now. Mr. McBride: Never, never. Mayor Suarez Please Item 16... xx. Commissioner Dawkins:Move it. Mayor Suarez: ... has been discussed, has been negotiated... Commissioner Alonso: Second. Mayor Suarez: has been fought. Vice Mayor Plummer: Item what? Mr. Wechsler: Sixteen. Commissioner Alonso: Sixteen. Mayor Suarez; Do we now have an agreement on PZ-16? Mr. Wechsler Yes. Mayor Suarez: I am looking at Guillermo. You presumably supervised all of�r1 this? You're presumably a neutral party? x}0.� Mr. Olmedillo., Yes, sir. From the administratic.n, yes'. _ YT . ?: Mayor Suarez: All right. Zommissloner Alonso: Lets vote. 4A yt'Y� 'Mayor Suarez; Give me the name again, I'm sorryp�� s Mr, Wechsler: I'm Lou Wechsler, president .South Grove:NomeQwne:ss R►es el i r► � rYy �' 366 }fi}t & i�7si nsacts s r"fiA �s Mayor Suarez: Lou, don't say anything else. Just put your name on the record* Presumably, you are not lying about that. And I just want to make sure `that we knew that you were here representing the homeowners association, Mr. Wechsler: Yes. But we would also like to ask the architect to know that we have endorsed this program, and remind the Commission that what we haven't done, is given you the power yet, at least as homeowners, as to this method of selection and to the amount of money spent. We, as homeowners, understand that this will be a subsidized project, and whatever it comes to be, that's what will be in our tax bill. ri Mayor Suarez: OK. The Commission still has to make those decisions ultimately, and you will have input in that. Am I correct in that statement? Vice Mayor Plummer: Well, there was a discussion here at the last hearing, in reference to the fact that there had been eighty applications, not applications, but eighty questionnaires sent out, and that the fear in fact was that they would have an edge over other people as a totally free open situation. The question that resolved... there Ore how many units? Mr. Jeff Hepburn: We are talking about twenty-three. Vice Mayor Plummer: OK. Twenty-three? Mr. Hepburn: Twenty-three. Vice Mayor Plummer: Twenty-three. There woulo be no problem whatsoever, if there were only twenty-three qualified buyers. The problem comes about, if there are twenty-four qualified buyers, and a disagreement on my part with Mr. Bailey, who said, we don't qualify, the bank does, and the first twenty-three qualified are the first twenty-three to get them. Now, I think we spoke at that time about possibly putting a pool of all qualified buyers, and if they did exceed twenty-three, there would be some kind of a system, like a lottery or a drawing out of a fish bowl, or whatever, if there were more than twenty- three qualified buyers, and that was, as I recall, the decision. M A Mayor Suarez: Sure. There is no problem with that, but is that what you were y concerned about?y i Mr. Wechsler: Exactly. ' Mayor Suarez Or the parameters by which we will decide what sort of - the z selection? Mr.:,Wechsler: No, no. We're I am certainly in accord with the selection method. Mayor Suarez: All right. x Mr. Wechsler: And also we acknowledge the cost factor that it will be, and I," think Commissioner Plummer put some maximum figure as to that.. Mayor. Suarez: OK. Parameters... right. f% Mr. Wechsler: And the other item is that I think the architects... Y. Mayor Suarez: Now, we have a given general idea of what kinds of cost are going to be involved, but ultimately, we will not fix that until we actua.1ly, � get to that point in the project. So we will have your input before that. 1 Mr. Wechsler; Yes. And the architects are here. We have hadlumeraus meetings with them representing the civic club, the homeowners associations of _ all the areas involved, and everyone has come up with a set of plans, And i think they should be heard, at least to let you know that we are all in accord 5,z and want that professionalism to be recognized. } Commissioner Alonso: Wonderful 41.1 Mayor Suarez: Well, yes, and I am inclined to write to Newsweek about the k { article, favorable article about them. And to say that during the probe;is, a_�, you were giving ideas. they were accepting those ideas and man, der } 169�5 Mr. Wechsler: Mr. Mayor, this has brought the community together. F recognize that this, initially, had very bad overtones. We all Mayor Suarez: I wish all professionals were as flexible as Elizabeth and Andres and their crew. All right. And you can read about them in this week's Newsweek. Great article. Vice Mayor Plummer: What has been established as the process? That's what I am asking. Mr. Hepburn: The administration will be coming back to the Commission with a procedure that deals with looking at fairness. Vice Mayor Plummer: OK. So in other words,, that matter is not resolved tonight. Mr. Hepburn: What I am saying to you, we will come to you to deal with the marketing aspect down the road. We were talking about looking at... Vice Mayor Plummer: No, I am not talking about marketing now. Mr. Hepburn:... which involves the selection of the buyer. Vice Mayor Plummer: That's correct, OK? I would hope that we have many, many more than the twenty-three applications which speaks highly. But whether or not we do, that's another question. So what we are saying is, there are twenty-three... you'll come back at a later time with a process of selection. Mr.. Hepburn: Exactly. Mayor Suarez: Right. Vice Mayor Plummer: Fine. Commissioner Dawkins: In English. Vice Mayor Plummer: In English. Mayor.Suarez: We have a motion and a second on that, do we Madam City Clerk? Do we have a motion and a second on that? Vice Mayor Plummer: I moved it. . Commissioner Alonso: Yes, we do. Mayor Suarez: Moved and seconded, Commissioner, Vice Mayor Plummer,; Commissioner. Alonso.: Any discussion? If not, please call the roll.' use special permit. t A rr - 1 1 A •17 t htGi pi. Y q r 170 b ,�.. e t ► s� 3 �r =the following resolution was it% Adoptiont ihtrbduced by Vice Mayor Plummer, who moved RESOLUTION NO. 91-40.3 A RESOLUTION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLE 17, ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE ST. HUGH OAKS VILLAGE HOUSING PROJECT, PROPOSED BY THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY, TO BE LOCATED AT APPROXIMATELY 3577-3601 SOUTHWEST 37TH AVENUE; 3676-3698 FRANKLIN AVENUE AND 3621-3699 MARLER AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), TO BE COMPRISED OF NOT MORE THAN 27,410 SQUARE FEET OF HABITABLE RESIDENTIAL AREA AND NOT MORE THAN 23 SINGLE FAMILY CONDOMINIUM UNITS WITH 46 PARKING SPACES, WITH EACH SINGLE FAMILY HOME BEING FREESTANDING AND DETACHED IN NATURE BUT WITH COMMON FACILITIES SUCH AS A PLAYGROUND AREA, PRIVATE ROAD, COMMON OPEN SPACE AND THE LIKE; DESIGNATING THE SITE AS A PD-PLANNED DEVELOPMENT OVERLAY DISTRICT; ESTABLISHING AN EXPIRATION DATE; MAKING FINDINGS; DIRECTING THE CITY CLERK TO SEND A COPY OF THE RESOLUTION TO THE DEV:LOPER; PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING FOR RELIANCE ON THE APPLICATION; 4ND PROVIDING AN EFFECTIVE 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: 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. ------------- ------------------------------- __...---------------- ----- --- a 33. FIRST READING ORDINANCE: AMEND 11000 TEXT - DELETE SECTION 2105 (STATUS OF DEVELOPMENT PERMITS OR CERTIFICATES OF,USE ISSUED PRIOR TO.ADOPTION OR AMENDMENT OF ORDINANCE) - SUBSTITUTE- NEW SECTION 2105-, STATUS OF, APPLICATIONS:' FOR DEVELOPMENT PERMITS - PROVIDE CRITERIA FOR EVALUATING. AND DETERMINING STATUS OF DEVELOPMENT PERMIT APPLICATIONS AND DEVELOPMENT PERMITS ISSUED PURSUANT TO PRIOR AND CURRENT ZONING ORDINANCES — EXTEND TIME LIMITS FOR OBTAINING BUILDING PERMITS :—`y4 CERTIFICATES OF USE AND OCCUPANCY - AMEND SECTIONS 2208.1 AND 220$:2, TO EXTEND TIME LIMITS FOR BOARD RECOMMENDATIONS TO CITY COMMISSION.Xl _ ------------------------------------—....S-----------...----.---.--------w..—w._..—.v..new 5k Mayor Suarez: Now, is PZ-14 Chinatown, and do we need to handle that today? Mr. Olmedillo; That's correct, sir. k Mayor Suarez: Otherwise, the project on...M. ,. Commissioner Dawkins: Move it. a- Mayor Suarez; .,. then the Omni will forever be=barred. �k Commissioner Dawkins: You moved it? Second,171 tF�. t t r 40.'4iiS�.trw_ i d , 77T �Ai CtMi,bai0flOt Aldnsd: PI-14, Yes, second, yes . Msj Mawr. Can you continue the rest of them before? Vice Mayor Plummer: What is 14? Mayor Suarez: Please, we are going to continue all... Mr. Olmedillo: Fourteen extends... Mayor Suarez: On PZ-14, does anyone wish to be heard against the application of PZ-14? Vice Mayor Plummer: What does 14 do? Very briefly. Mr. Olmedillo:- It will allow applications under 9500 up until December 31st of this year, and gives an additional one hundred and eighty days to pull the building permit, if you have applied... Vice Mayor Plummer: Do you recommend for, or against? -1 Mr. Olmedillo: We recommend for it, sir. The Planning Advisory Board - recommends for it also. Vice Mayor Plummer: Fine. Mayor Suarez: -OK. It's beenmovedby Commissioner Alonso, seconded by Commissioner Dawkins. Any discussion? If not, please call the roll on PZ4-14. Mr. Maxwell: I need to read the ordinance, Mr... Mayor Suarez: Read the ordinance please. AN ORDINANCE ENTITLED- 7` AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, 1 THE ZONING ORDINANCE OF THE .CITY OF MIAMI, FLORIDA, BY:;. DELETING IN ITS ENTIRETY SECTION 2105 ENTITLED "STATUS OF DEVELOPMENT PERMITS OR CERTIFICATES OF USE ISSUED PRIOR TO ADOPTIONOR AMENDMENT OF ORDINANCE," AND: SUBSTITUTING A NEW SECTION 2105 ENTITLED "STATUS OF ' APPLICATIONS FOR DEVELOPMENT PERMITS"; PROVIDING CRITERIA FOR EVALUATING AND DETERMINING STATUS :OF: DEVELOPMENT PERMIT. APPLICATIONS;. AND . DEVELOPMENT PERMITS ISSUED PURSUANT TO PRIOR AND CURRENT ZONING ORDINANCES, AND_ EXTENDING: THE. 1IME LIMITS, FOR ' �<< OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND 4Y OCCUPANCY PURSUANT TO SAID ORDINANCES; FURTHER, BY n AMENDING.SECTIONS 2208.1 AND 2208.2 TO EXTEND THE TIME LIMITS FOR BOARD RECOMMENDATION;' TO THE CITY` COMMISSION; CONTAINING' A REPEALER PROVISION' AND xk� SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE ;? 5 DATE.` ,. Was introduced by Commissioner Al onso and seconded by Commissioned . Ail Dawkins and was passed on its first reading by title by the following vote: ". AYES: Commissioner Victor De Yurre ,Dawkins .. Commissioner Miller Jo Commissioner Miriam Aionso w Plummer, umne r Vice Mayor J. L. Jr. Mayor Xavier L. Suarez i Y. NOES: None, ABSENT; None, 7 The City Attorney read the ordinance into the public re+war enii 4 announced that copies were available to the members of the City Commiss�ori:e�d F �� to the public, ` ) 1 172 -1 j f 5F' s'q ssF T4 5 J C i� T .r.r.m.Mar.�s..wWilGYhiiGiyssar�an�.ia.rr.r+.a.�aitiiitr.r.y•.+i.a.a.(rrW,:irim+.r.W.i.r iil'ir+o..rz.. �i� Wild iYrf4i.y...r.i.c..i...s. 34, DIRECT ADMINISTRATION TO LOOK INTO THE PROBLEM OF AIR CONDITIONING EQUIPMENT AND COST OF PERMITS IN RESIDENTIAL AREAS. Gi.i+Y Y. 1-YAY-Wf1r+..4i'r ii.y-rr rfr Jig--+iyY Wi`-------- .W------------r. y.--------------------- Mayor Suarez: Do we need to continue the other items until the 20th of June? Mr. Maxwell: Yes. Commissioner Alonso: One quick thing. Can we instruct the administration to look into the problem we are having with air conditioning equipments and the permits in residential areas. It's costing an additional hundred dollars every time they pull a permit. And I think we should really look into that, because it is creating lots of problems. Mayor Suarez: Absolutely. Commissioner Alonso: It's not commercial. It's residential areas. ------------------------------------------------------------------------------ 35. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP, ON THIS DATE TO COMMISSION MEETING OF JUNE 20, 1991. ---------------------------------------�----------- -------------___-____-___ Mayor Suarez: OK. Motion to continue all thN other items until the 20th . June, made by Commissioner Dawkins. ?_ Commissioner Alonso: I so move, second and all. Mayor Suarez: Seconded by Commissioner Alonso. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved n its adoption:. MOTION NO. 91-404 ' UP DURING A MOTION TO CONTINUE ALL ITEMS NOT TAKEN CONSIDERATION OF TODAY'S AGENDA TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 20, 1991. Upon being seconded by Commissioner Alonso, the motion was passed and f, adopted by the following vote: �. AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins z Commissioner Miriam Alonso art: Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor J.L. Plummer, Jr. s a V yy i § i t ; Vill { 17,E'rill r 1111