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HomeMy WebLinkAboutCC 1991-06-20 Minutesr` M REGULAR & PLANNING & ZONING - PMPApY THe OFFICE DH CITY CLERK C t TY HALL - 4 as Z� pr777 INDEX MINUTES OF REGULAR MEETING JUNE 201 toot ITEM SUBJECT LEGISLATION NO. NODE ----- -------- ---- — --- — ----- ■ 1. PRESENTATIONSt PROCLAMATIONS AND DISCUSSION SPECIAL ITEMS. 6/20/91 (A) COMMENDATION: MOST OUTSTANDING OFFICERS OF THE MONTH (MAY): POLICE OFFICERS LAZARD SERPA AND EDWARD ROTOLOO (8) DETECTIVE EDUARDO MARTINEZ RECOGNIZED FOR HIS EXEMPLARY POLICE WORK. (C) CERTIFICATE OF APPRECIATION: MARILYN JACKSON, ROYAL POINCIANA QUEEN. (D) PROCLAMATION:: NORTHWEST EXPRESS DADE TRACK CLUB, INC. DAY. 2. (A) DESIGNATE MANAGUA, NICARAGUA, AS R 91-405 2-6 SISTER CITY (MANAGUA'S MAYOR ARNALDO R 91-406 ALEMAN9 PRESENT). (B) DESIGNATE PORT- R 91-406.1 AU -PRINCE, HAITI, AS SISTER CITY. (C) 6/20/91 DONATE AND EQUALLY DIVIDE'. SURPLUS CITY EQUIPMENT BETWEEN MANAGUA NICARAGUA AND PORT-Au'PRINCE, HAITI-. 3. AUTHORIZE CITY:: ATTORNEY TO ENGAGE R 91-407 6-11 PROFESSIONAL SERVICES1 OF HOLLAND , AND 6/20/91 KNIGHT CONCERNING POSSIBLE`IMPACT ON CITY RESULTING FROM: ;: REDISTRICTING (REAPPORTIONMENT) BY STATE LEGISLATURES FOLLOWING: OFFICIAL`' RETURNS' OF 1990 U.S. DECENNIAL CENSUS -'ALLOCATE $251000 TO MONITOR F METHOD UTILIZED IN IMPLEMENTATION OF REDISTRICTING. 4. bISCUSSION PERSONAL APPEARANCE BY DISCUSSION 11-14 MANUEL, GONZALEZ-GOENAGAt REQUESTING 6/20/91 FUNDS FOR: CITIZENS' UNITED AGAINST POLICE BRUTALITY, INC MONEY DISAPPEARED IN POLICE DEPARTMENT YEARS AGO STILL BEING INVESTIGATED. 5. CONSENT AGENDA. DISCUSSION -14-15 6/20/91 5.1 AUTHORIZE PURCHASE: 165 PROTECTIVE R 91-408 15 CLOTHING ENSEMBLES FROM SAFETY 6/20/91 EQUIPMENT COMPANYIP Yl 5.2 ACCEPT BID: ARMSTRONG MEDICAL R 91 409 15 INDUSTRIES, FOR FURNISHING MEDICAL 6/20/91 ANTI -SHOCK TROUSERS. 54 ACCEPT BID: MOTOROLAs INC., FOR R 91,410 16 FURNISHING 650 STX RADIO BATTERIES. 6/2 /91 01 w62rn ;-towt"'r"'^",q`w t Ib: MARTIN L. KAISER; iNC.y FOR R 91-411 16 S.4 ACCEPT S FURNISHING A SOME DISPOSAL SUIT. 6/20/9i'I 5.S ACCEPT BID% PtECB, INCH, FOR 6/20/912 16 UNDERGROUND TANK REMOVALS PHASE I 55i9(�) AT FIRE STATIONS 10, 11 AND 12. 6 AUTHORIZE SUNSHINE STATE GOVERNMENTAL R 91-413 17 '. �'• FINANCING COMMITTEE TO CAPTURE EXCESS 6/20/91 EARNINGS ($25,000) FROM THE SECONDARY LOAN ACCOUNT, TO FUND ORIGINATING COSTS FOR ITS COMMERCIAL PAPER PROGRAM. EXECUTE AMENDMENT TO EXISTING AGREEME�T 6/20/914 91-414 11 5.7 WITH KPMG PEAT MARWICK TO EXTEND FROM MARCH 30 TO JULY 31, 1991. 17 4 8 ESTABLISH SPECIAL CHARGES i TERMS R MARINE 6/20/915 5. CONDITIONS FOR USE OF MIAMI STADIUM IN SUPPORT OF: BY P PHILHARMONIC THE BAY SERIES (CO -SPONSORED ORCHESTRA OF FLORIDA AND MIAMI ENT HERALD LEND -A -HAND FUND) - EXECUTE 18 5.g APPROVE APPLICATION BY FOODPAK OF THE R STATE 6/20/916 AMERICAS, INC. FOR THREE-DAY LIQUOR PERMIT - FOR DISPLAY BY MANUFACTURERS / UNDERDISTRIBUTORS BEVERAGE PRODUCTS LICENSED LAW AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT COCONUT GROVE CONVENTION CENTER. 1992 CARNAVAL R 91-417 18 5.10 GRANT REQUESTS BY: (a) (c) BIKE DASH, 6/20/91 MIAMI PASEO, (b) 8K RUN, AND (d) CAttE OCHO OPEN HOUSE FESTIVAL FOR CLOSURE OF DEPEDESTRIAN GNATED STREETS, ESTABLISHMENT OF RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE ' RELAX FIREWORKS LIMITATIONS FOR: (a) CARNAVAL NIGHT AT ORANGE BOWL STADIUM, IZCAYA (b) A SPONSORS PARTY MIN'INTERNATIONAL, AND (c) CARNAVAt MIA AT BAYFRONT PARK. GRANT REQUEST BY NATIONAL 6/20/91 8 19 5.11 INC- AND COMMUNICATIONS SALES PROMOTIONS, { AND THE MIAMI MILE COMPANY FOR CLOSURE OF DESIGNATED STREETS CONCERNING; MIAMI MILE ESTABLISH AREA CITY PROHIBIT FEES ED TO r RETAIL PEDDLERS -WAIVE t 19 5.12 VACATE / DISCONTINUE / ABANDON RESENT 6/20/91STORM R � SEWER EASEMENT AND RETURN IT TO P OWNERS OF LAND AT 2100 N.W. NORTH RIVER DRIVE - EXECUTE QUIT CLAIM DEED, ACCEPT PLAT: ZIFF-RICHTER SUBDIVISION, R 91-420 19 5.13 6/20/91 I� L 66 DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH (a) STRATEGIC INTERNATIONAL, INC. ($11t620), (b) LARRY WARD ($9,660), AND (0) CARLOS 2ERVIGON ($S MO) - FOR PROVISION OF TWO POLICE SHARED VISION WORKSHOPS. (Note: This item was not taken up agai06) 7, AMEND PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS AND CO., INC,, FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS - INCREASE CONTRACT AMOUNT BY $15,000. 8. CLAIM SETTLEMENT: GABRIEL MANCRIFF ($40,000). 9. SECOND READING ORDINANCE: AMEND CODE CHAPTER 22 (GARBAGE AND TRASH) - PROVIDE DEFINITION FOR: ROOMING AND BOARDING HOUSES - PROVIDE FOR FIXED ANNUAL WASTE FEE FOR ROOMING AND BOARDING HOUSES - INCREASE WASTE FEES FOR CERTAIN COMMERCIAL GARBAGE SERVICES. 10. VICE MAYOR PLUMMER INQUIRES OF CITY ATTORNEY CONCERNING ELIMINATION OF REQUIREMENT TO READ FULL TITLE OF ORDINANCES INTO PUBLIC RECORD (See label 74). 11. SECOND READING ORDINANCE: AMEND 10760 - INCREASE APPROPRIATION TO SPECIAL REVENUE FUNDS: (a) JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (FY 191) (TO $571`,800), AND (b)JTPA TITLE III/DISLOCATED WORKERS (FY 191) (TO $145,350). 12. SECOND READING ORDINANCE: AMEND CODE SECTION 53-135 - INCREASE CHARGES FOR i ORANGE- BOWL STADIUM RESERVED PARKING PASSES AND GENERAL EVENT PARKING. - PROVIDE FOR APPLICATION OF THESE INCREASED RATES FOR. PARKING AT MIAMI BOBBY MADURO BASEBALL STADIUM - ELIMINATE SPECIFIED PARKING RATES' FOR UNIVERSITY OF MIAMI STUDENTS AT ORANGE BOWL STADIUM. 13. SECOND READING ORDINANCE:< AMEND CODE SECTION ''2-7;5 - ESTABLISH FEES FOR ( ANNUAL REINSPECTION OF BUILDINGS AND PREMISES DEFINED AS CONVENIENCE STORES TO COVER INCREASES IN OPERATIONAL COSTS OF ENFORCEMENT OF STATE STATUTES (Chapter 90-346, Laws of Florida). R 91-421 21-22 6/20/91 R 91-422 22-23 6/20/91 ORDINANCE 23-24 10887 6/20/91 DISCUSSION 24 6/20/91 ORDINANCE 27 10890 6/20/91 14. EXPRESS SUPPORT FOR A POST: -ENUMERATION R 91-423 ! STATISTICAL ADJUSTMENT TO 1990 CENSUS 6/20191 (U.S. DEPARTMENT OF COMMERCE). READING ORDINANCE AMENDING CODE SECTIONS 64-47 AND 54-48 (STREETS AND SIDEWALKS AND CONSTRUCTION AND REPAIR), TO (a) CLARIFY REQUIREMENT OIL RIGHT-OF- WAY DEDICATION PRIOR TO ISSUANCE OF PERMITS, AND (b) ELIMINATE THE REQUIREMENT OF COVENANT PRIOR TO ISSUANCE OF PERMITS. 16. (A) AN EMERGENCY 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 - AMEND SECTION 39-18.1 AND ADD 39-18.2 CONDITIONALLY PROHIBITING GENERAL OPEN FLAME USE CITYWIDE BY VENDORS - SUBJECT TO 90-DAY REVIEW. (B) VICE MAYOR PLUMMER REQUESTS ADMINISTRATION TO DRAFT EMERGENCY ORDINANCE TO BE DISCUSSED IN AFTERNOON SESSION TO CONSIDER POSSIBLE ADDITION OF TWO MORE SPOTS IN MIAMI ARENA VENDING DISTRICT FOR SOUVENIR VENDORS. (Note: This issue was not brought back.) 17. 18. 19. 20. FIRST READING ORDINANCE: AMEND CODE SECTION-53-135 - ESTABLISH SPECIAL CHARGES FOR USE OF ORANGE BOWL MEMORIAL STADIUM AND MIAMI BOBBY MADURO STADIUM PARKING 'LOTS FOR REGULARLY SCHEDULED EVENTS. FIRST READING ORDINANCE: AMEND 10782 - INCREASE APPROPRIATIONS FOR PROJECT: RENOVATION OF FIRE STATIONS AND OLD DRILL TOWER (Project 313018 $570,300). AUTHORIZE AGREEMENT WITH OVERTOWN ADVISORY BOARD FOR A GRANT ($100,000) TO PROVIDE SERVICES IN CONNECTION WITH THE OVERTOWN COMMUNITY MASTER DEVELOPMENT PLAN (EXCLUDING SOUTHEAST OVERTOWN / PARK WEST DISTRICT) ALLOCATE FUNDS FROM 17TH YEAR CDBG. VICE MAYOR PLUMMER QUESTIONS ADMINISTRATION AS TO WHERE THE CITY STANDS 'IN CONNECTION WITH THE FLORIDA POWER & LIGHT (FPL) LAWSUIT, AS IT CONCERNS ITS NON-PAYMENT OF AD VALOREM TAXES FOR USE OF FACILITIES IN DOWNTOWN DEVELOPMENT DISTRICT (DDA) - BRIEF COMMENTS ON THE POSSIBILITY OF ASSESSING WHAT IT WOULD COST THE CITY TO GO INTO THE ELECTRICITY REGULATION BUSINESS. ORDINANCE 3249 10891 6/20/91 ORDINANCE 40 first reading 6/20/91 ORDINANCE 41-48 first reading 6/20/91 R 91-424 48-52 6/20/91 DISCUSSION 53-55 6/20/91 y �� '{" •.K�.•�5z I ,? u +, '�.fi eta s.20 3 ei Sr 21, (A) AUTHORI2E AGREEMENT WITH PEOPLE'S R 01-426 55-87 DRUGSTORE, INC, PROVIDE CITY LOAN 6/20/01 ($100,000) IN ORDER TO EXPAND PROPOSED LEWIS BARBECUE RESTAURANT AND PHARMACY IN OVERTOWN (402 N.W. 8 STREET) ALLOCATE FUNDS FROM COBG. (B) VICE MAYOR PLUMMER REQUESTS ADMINISTRATION TO REVIEW SITUATION #' CONCERNING A VENDOR IN COCONUT GROVE (CORNER OF MARGARET STREET AND GRAND AVENUE) FOR POSSIBLE SIMILAR ASSISTANCE. 22. AUTHORIZE CONTRACT WITH MIAMI CAPITAL R 91-426 57-58 DEVELOPMENT INC. (MCDI) WHICH PROVIDES 6/20/91 $572,130 TO EXISTING REVOLVING LOAN FUND, AND PROVIDING $250,000 FOR ADMINISTRATIVE OPERATIONS OF MCDI (FROM 17TH YEAR CDBG). 23. 24. (A) DISCUSS RUMORS CONCERNING COCONUT GROVE LOCAL DEVELOPMENT CORPORATION. (B) EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 11 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS (NEDO) IN ORDER TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS ALLOCATE FUNDS FROM 17TH YEAR CDBG. [NEDO: 1. Allapattah Business Development Authority, Inc., 2. Coconut Grove Local Development Corporation, Inc., 3. Downtown Miami Business Association, Inc., 4. Greater Biscayne Boulevard Chamber of Commerce, Inc., 5. 'Haitian Task Force, Inc., 6. Latin `Quarter Association, ° Inc., 7. Little Havana Development Authority, Inc., 8. Martin Luther King Economic Development 'Corporation, Inc., 9.- New Washington Heights Community Development Conference, Inc., 10. Small Business Opportunity Center, Inc., and 11.. Wynwood Community Economic Development Corporation, Inc.] AUTHORIZE EXECUTION OF AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION OF '5 PARCELS IN MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA TO BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING (Project 321024) - ALLOCATE $3409000 FROM 1976 HOUSING GENERAL OBLIGATION BONDS APPROVE, IN PRINCIPLE, SUBSEQUENT TRANSFER OF PARCELS TO URBAN LEAGUE OF GREATER MIAMI, INCO, FOR''DEVELOPMENT'OF LOW' -DENSITY LOW `AND MODERATE INCOME AFFORDABLE RENTAL HOUSING PROJECT R 91-427 58-61 6/20/91 t FlFl dae �ic5� ..yt'�$M i � �1Nxi 4 3Y i - 286 �A) EXECUTE AGREEMENT WITH M)CKENS ROPERTY, INC. FOR ACQUISITION OF PROPERTY AT 901 NW S AVENUE AND 909 N.W. 2 COURT - APPROPRIATE $2260600 FROM CIP 322057,. SOUTHEAST OVERTOWN / PARK WEST' PHASE It - FOR DEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. (8) VICE MAYOR PLUMMER COMMENTS ON INCREASED INCIDENCE OF CRIME IN DOWNTOWN AREA AND URGES ADMINISTRATION TO FIND SOLUTIONS. (C) VICE MAYOR PLUMMER STRONGLY URGES MANAGER, AGAIN, TO REVIEW POLICE DEPARTMENT'S PRESENT DEPLOYMENT OF SWORN POLICE OFFICERS - COMMISSION SETS SEPTEMBER 5TH FOR SPECIAL MEETING TO DEAL SPECIFICALLY WITH THIS ISSUE. 26. EXECUTE AGREEMENT WITH MARGARET BROWN FOR PURCHASE OF PROPERTY AT 269 N.W. 8 STREET - APPROPRIATE $125,000 FROM CIP 322057: SOUTHEAST OVERTOWN / PARK WEST PHASE II - FOR DEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. EXECUTE AGREEMENT WITH ALEX MOYER FOR ACQUISITION OF PROPERTY AT 916 N.W. 2 COURT - APPROPRIATE $1131,300 FROM CIP 322057: SOUTHEAST OVERTOWN / PARK WEST PHASE II - FOR DEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. EXECUTE CITY DEED, EASEMENT AGREEMENT, AND. RESTORATION AGREEMENT'WITH FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) FOR USE OF CITY -OWNED PROPERTIES IN CONNECTION WITH NEW BRICKELL AVENUE BRIDGE PROJECT PAYMENT ($138,650) TO CITY BY DOT. DESIGNATE AS CATEGORY "B" PROJECT THE ACQUISITION OF ARCHITECTURAL / LANDSCAPE ARCHITECTURAL / ENGINEERING SERVICES FOR A COVER DOME, OLYMPIC POOL COMPLEX FOR HADLEY PARK - APPOINT CERTIFICATION COMMITTEE - APPOINT HERBERT J. BAILEY AS CHAIRMAN OF COMPETITIVE SELECTION COMMITTEE - ALLOCATE MONIES FROM APPROPRIATED FUNDS (HADLEY PARK - POOL REPLACEMENT CIP 331349). REJECT ALL PROPOSALS RECEIVED CONCERNING REQUEST FOR PROFESSIONAL SERVICES OF PLANNING AND DESIGN OF THE CITYADMINISTRATION. BUILDING PHASE II PROJECT IN DOWNTOWN GOVERNMENT CENTER (275 N.W. 2 STREET) ADJACENT TO EXISTING CITY ADMINISTRATION BUILDING PHASE 1 (HICKMAN). R 91-430 6/20/91 R 91-431 6/20/91 R 91-432 6120/91 R 91-433 6/20/91 R 91-434 6/20/91 72 73 31, (A) VICE MAYOR PL-UMMER URGES THE R 91-436 77-86 ADMINISTRATION TO MEET WITH AGENT FOR 6/20/91 ALFRED I DUPONT BUILDING CONCERNING THEIR LATEST PROPOSAL FOR SALE OF THEIR BUILDING, IN CONNECTION WITH CITY PLANS TO BUILD / ACQUIRE A NEW ADMINISTRATION BUILDING* (8) DECLARE A U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -OWNED LAND (275 N.W. 2 STREET) IN CONNECTION WITH CONSTRUCTION OF A NEW ADMINISTRATION BUILDING - SET PUBLIC HEARING FOR REVIEW OF R.F.P. CONCERNING DEVELOPMENT OF NEW CITY ADMINISTRATION BUILDING (PHASE II) - DISCUSS LATEST OFFER BY REPRESENTATIVES OF ALFRED I. DUPONT BUILDING FOR SALE OF THEIR PROPERTY, AT PUBLIC HEARING. 32. EXECUTE AGREEMENT WITH BAYVIEW R 91-436 86-110 ASSOCIATES, INC., FOR LEASE OF 90,000 6/20/91 SQUARE FEET OF OFFICE SPACE AT THE DUPONT PLAZA CENTER - FDR CONSOLIDATION OF CITY DEPARTMENTS. 33. ACCEPT DONATION OF A HOBIE ONE-12 R 91-437 110-112 _ SAILBOAT FROM THE KIWANIS CLUB OF 6/20/91 LITTLE HAVANA, INC., FOR USE BY PARKS DEPARTMENT IN THEIR SUMMER CAMP SAILING PROGRAM IN CONJUNCTION WITH THE PRIDE IN MIAMI PARKS ADOPT -A- PARK PROGRAM (See label 63). 34. GRANT APPEAL AND REVERSE DENIAL BY R 91-438 113-120 ZONING BOARD - GRANT VARIANCE FROM OFF- 6/20/91 STREET PARKING REQUIREMENTS REDUCING NUMBER OF .REQUIRED .PARKING SPACES TO ALLOW AN ADDITION TO EXISTING OFFICE BUILDING (AMERICAN WELDING SOCIETY) AT 550 NW 42 AVENUE (Applicant: American Welding Society). 35. EXECUTE PROFESSIONAL SERVICES AGREEMENT R 91-439 120-121 WITH BELTRAN'/ ALEXANDER AND ALEXANDER, 6/20/91 TO SERVE AS CITY'S INSURANCE BROKER. 36. DIRECT ADMINISTRATION TO WORK WITH THE M 91-440 121-122 MICANOPY WOODS HOMEOWNERS ASSOCIATION 6/20/91 CONCERNING REQUEST FOR INSTALLATION OF A GATE AT THE END OF THEIR STREET. 37. GRANT REQUEST BY REPRESENTATIVES OF THE R 91-441 122-123 18TH FEDERATION INTERNATIONALE DES 6/20/91 1 SOCIETES D'AVIRON (FISA) VETERANS FOR FEE WAIVER CONCERNING REGATTA TO BE HELD AT MIAMI MARINE STADIUM. { 38. AUTHORIZE COSPONSORSHIP OF THE METRO- R 91-442 123-124' MIAMI ACTION PLAN KINGIAN NON -VIOLENCE 6/20/91 WORKSHOP - ALLOCATE $25,000 (Law Enforcement Trust Fund.) 39. GRANT REQUEST BY AMUSEMENTS OF AMERICA, R 91-443 124e-125 INC. TO HOLD A WINTER WONDERLAND 6/20/91 FESTIVAL EVENT AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK - SUBJECT TO FINAL APPROVAL OF BAYFRONT PARK MANAGEMENT TRUST. t �F M: -y.'"k s E� � 'h,� y, •� ti i h ' 40, SERVE'NOTICE WITH U.S, GENERAL SERVICES R 01-444 i25�12 1 ADMINISTRATION OF CITY COMMISSION'S 6/20/01 INTEREST IN ACQUIRING THE U.S. NAVAL RESERVE CENTER SITE (2610 TIGERTAIL { 4 AVENUE). 41. EXECUTE NECESSARY DOCUMENT(S) TO ALLOW R 91-445 127-128 CERTIFIED GUNITE COMPANY, INC. (d/b/a 6/20/91 f CUSTOM POOLS) ACCESS THROUGH BILL ` WOLFARTH PARK, IN ORDER TO ACCESS ADJACENT RESIDENTIAL PROPERTY FOR ITS CONSTRUCTION OF A SWIMMING POOL (2000 S.W. 24 STREET). 42. APPROVE, IN PRINCIPLE, A PLAN TO ENTER R 91-446 128-131 INTO AN INTERLOCAL AGREEMENT WITH 6/20/91 CITIES OF HIALEAH, MIAMI BEACH AND OTHER DADE COUNTY MUNICIPALITIES TO ESTABLISH FUNDS TO BENEFIT FAMILIES OF l MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS KILLED IN THE LINE OF r; DUTY. 43. ACCEPT AND IMPLEMENT A GRANT FROM THE R 91-447 131-133 STATE OF FLORIDA DEPARTMENT OF 6/20/91 COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT FOR ACQUISITION OF PROPERTY FOR A MINI -PARK IN LATIN QUARTER AREA ($279,369) — EXECUTE AGREEMENT. 44. AUTHORIZE EXECUTION OF AGREEMENT FOR DISCUSSION 133-137 ACQUISTION OF ONE PARCEL IN LATIN 6/20/91 QUARTER AREA TO BE.USED FOR DEVELOPMENT OF SPECIALTY RETAIL SERVICES, AFFORDABLE HYOUSING, AND ASSOCIATED USES_ (THE LATIN QUARTER SPECIALTY CENTER - Project 321038). (Note: Since Ii a motion had not been made at time roll was called, item -was reconsidered: and appropriately passed later - see label 47.) . 45. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION 137-141- } PROPOSED RESOLUTION TO AUTHORIZE 6/20/91 SUBSTITUTION OF A RESERVE ACCOUNT SURETY BOND FOR CASH ON DEPOSIT INTHE DEBT SERVICE RESERVE ACCOUNT SECURING I CITY'S OUTSTANDING GUARANTEE ENTITLEMENT REVENUE BONDS, SERIES 19899 AND TO DIRECT DEPOSITORY OF DEBT SERVICE RESERVE ACCOUNT TO ACCEPT SUCH SURETY BOND;' APPROVING FINANCIAL GUARANTY AGREEMENT; AUTHORIZING APPOINTMENT AND PAYMENT OF SPECIAL COUNSEL. !: 46. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION 141-142 PROPOSED RESOLUTION' TO AMEND 6/20/91 RESOLUTIONS 89-443 AND. 89-549, WHICH AUTHORIZED ISSUANCE OF CITY OF MIAMI BONDS; AUTHORIZING CITY OFFICERS. TO TAKE INCIDENTAL ACTIONS AS SHALL: BE NECESSARY TO ACCOMPLISH ISSUANCE OF DEBT SERVICE RESERVE ACCOUNT SURETY BOND. n PRIUR AUILUN ANU KULL, UALL UN ArrKUYAL OF AGREEMENT WITH PROPERTY OWNER FOR ACQUISITION OF ONE PARCEL IN LATIN QUARTER AREA TO BE USED FOR DEVELOPMENT OF SPECIALTY RETAIL SERVICES, AFFORDABLE HOUSING, AND ASSOCIATED USES Project 21038)R(See label 44)SPECIALTYCENTER 48. FIX CERTAIN DETAILS CONCERNING ISSUANCE OF: (a) $7,OOO,OOO SANITARY SEWER SYSTEM BONDS, AND (b) $39000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES 'BONDS AUTHORIZE SALE OF BONDS, etc. 49. ISSUE R.F.P. TO SELECT FIRM WITH PROVEN AEROBIC COMPOSTING TECHNOLOGIES AND CAPABILITIES TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN/OPERATE A SOLID WASTE PROCESSING FACILITY. 50. AMEND 91-126 (WHICH RELATED TO R 91-451 149-151 EMERGENCY ACQUISITION OF SERVICES, 6/20/91 EQUIPMENT, GOODS AND/OR MATERIALS FOR DEVELOPMENT OF YOUTH CENTER PROJECT AT CURTIS PARK) TO PERMIT CITY MANAGER TO PROCEED WITHOUT EXPRESS COMMISSION APPROVAL IN EXECUTION OF CONSTRUCTION AGREEMENTS AND EXPENDITURE FOR CONTRACTS / AWARDS - WHERE CONTRACT DOES NOT EXCEED $250,000. 51. CLAIM SETTLEMENT: LINN BAZEMORE R 91-452 151-153 ($130,000) (Later reconsidered - see 6/20/91 label60). 52. ACCEPT GRANT ($250,000) FROM U.S. R 91-453 153-154 DEPARTMENT OF INTERIOR, NATIONAL PARK 6/20/91 SERVICE, FOR CAPITAL IMPROVEMENTS TO DORSEY PARK, UNDER URBAN PARK AND RECREATION RECOVERY, PROGRAM (UPARR). 53. RATIFY MANAGER'S UTILIZATION OF ENVIRX, R 91-454 154-155 INC., FOR CLEANUP OF LEAD CONTAMINANTS 6/20/91 FROM POLICE. DEPARTMENT FIRING RANGE (CIP-312019: MPD FIREARMS RANGE RENOVATIONS) (See label 55). 54. ACCEPT BID: MPCS VIDEO INDUSTRIES R 91-455 155-160 HOLLYWOOD,` INC., FOR FURNISHING 6/20/91 MISCELLANEOUS VIDEO EQUIPMENT (for Police Dept.) 55. (Continued Discussion) FURTHER COMMENTS DISCUSSION 160-161 CONCERNING CLEANUP OF LEAD CONTAMINANTS 6/20/91 AT'POLICE FIRING RANGE (See label 53). j 56. ACCEPT BID: G-T SPORTS ENTERPRISES, R 91.456 162 INC. ($225000), FOR'., CURTIS PARK 6I20/91'' REDEVELOPMENT`- TRACK' SURFACE` PROJECT 5-2983-6 (Project 331353). 576 APPOINT REAPPOINT INDIVIDUALS TO 58. SERVE AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (Appointed/reappointed were! Tony Marina, Robert Ratiner, Milton Vickers, Prankie Rolle, J. Skip Shepard, Steve Suarez; six appointments are still pending.) APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS/ALTERNATE MEMBERS ON THE INTERNATIONAL TRADE BOARD. (Appointed were! William Rios [to replace Leslie Pantin], Teo A. Babun, Jr. [as regular member from alternate], Cr. Solomon C. Stinson [as alternate member to replace Teo Babun], Tom Kallman [to replace William Chavez, Jr.j.Reappointed (regular members) were: Howard Gary, Saturnino L. Lucio II, Kishor Parekh, Stuart Sorg, Bill Messett, William Alexander, Waldo Castro, Rafael Diaz-Balart, Tony Zamora, Rafael Garcia -Toledo, Tony Muniz, Dorothy Baker, Marshal Sanders, Rafael Garcia -Toledo, Jr., Manny G. Gonzalez, Omar Diaz-Salinero, Osmundo Martinez, Dwayne Wynn; (alternate members) Bob Rodriguez, Marie Wray, Frederick Elder, Robert Dobiecki, Carmen Lunetta, Hedy F. Nuraef, Eursla Wells, and Eladio Armesto III.) R R1-4E7 6/20191 R 91-458 6/20/91 165-168 59. (A) CITY ATTORNEY PRESENTS ANNUAL R 91-459 168-172 REPORT. 6/20/91 (B) GRANT CITY ATTORNEY SALARY INCREASE. 60. (continued Discussion) RECONSIDER CLAIM M 91-460 173-176 SETTLEMENT ON LINN BAZEMORE M 91-461 ($130,000) - RESCIND 91-451 (See label 6/20/91 51). 61. DISCUSSION CONCERNING THE QUARTERLY DISCUSSION 176-183 REPORT ' FROM THE MIAMI SPORTS A 6/20/91 EXHIBITION AUTHORITY. 62. ENDORSE GOALS OF TREES FOR DADE, INC. - R 91-462 184-185 COOPERATE IN PROMOTING / COORDINATING 6/20/91 THE PLANTING OF MAXIMUM NUMBER OF ENVIRONMENTALLY APPROPRIATE TREES IN i, s DADE COUNTY. 63. APPROVE PROPOSAL BY KIWANIS CLUB OF R 91-463 186-194 LITTLE' HAVANA 'TO REMOVE CERTAIN BLACK 6/20/91 OLIVE TREES ALONG S.W. 8 STREET (BETWEEN S.W. 12 AND ''27 AVENUES),` REPLACING THEM WITH 300 ROYAL PALM / GOLDEN TRUMPET TREES (See label 33). 64. ESTABLISH SPECIAL. CHARGES / .TERMS / R 91-464 195-196 CONDITIONS FOR USE OF `BOBBY MADURO 6/26191 MIAMI .BASEBALL STADIUM FOR 1991 YOUTH BASEBALL WORLD SERIES'(PRESENTED BY.THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, (3 1 it k�i h+ +MVrAheMs ti `ifs � F 55. APPROVE SITES FOR INSTALLATION OF M 91-465 RECYCLING ALUMINUM CAN MACHINES ON CITY 6120101 PROPERTY; ORANGE BOWL, CITY HALL AND CURTIS PARK - INSTRUCT MANAGER TO NEGOTIATE MINIMUM GUARANTEES WITH REYNOLDS ALUMINUM RECYCLING COMPANY. 66. PERSONAL APPEARANCE: DIEGO MELLA - M 91-466 202-205 � APPROVE, IN PRINCIPLE, REQUEST FOR 6/20/91 PLACEMENT OF MONUMENT DEDICATED TO SURVIVORS OF GUANTANAMO BAY ON S.W. 13 ' AVENUE (BETWEEN S.W. 8 AND 22 STREETS). 67. BRIEF COMMENTS BY IDA-MARIA CEVASCO ON DISCUSSION 206-208 THE HOMELESS SITUATION. 6/20/91 68. RATIFY MANAGER'S FINDING OF SOLE R 91-467 208-209 SOURCE - WAIVE REQUIREMENT FOR 6/20/91 COMPETITIVE BIDDING - APPROVE PURCHASE OF 7 DEFIBRILLATOR MONITORS 12 LEAD ECG AND ACCESSORIES FROM MARQUETTE ELECTRONICS, INC. - ALLOCATE FUNDS FROM CIP 313237 AND STATE OF FLORIDA EMS MATCHING GRANT PROJECT 104004. 69. ORDER SPECIAL IMPROVEMENT AND ESTABLISH R 91-468 209-210 SPECIAL ASSESSMENT DISTRICT TO BE KNOWN 6/20/91 AS FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION - DESIGNATE PROPERTY UPON WHICH SPECIAL ASSESSMENT SHALL BE MADE. 70. 71. 73. 74. RATIFY MANAGER'S FINDING OF SOLE R 91-469 210-212 SOURCE - WAIVE REQUIREMENT FOR 6/20/91 COMPETITIVE BIDDING - APPROVE PURCHASE OF LIBRARY . HANDLER FOR POLICE DEPARTMENT'S AUTOMATEDFINGERPRINT IDENTIFICATION SYSTEM-(A.F.I.S.) FROM PRINTRAK, INC. - ALLOCATE FUNDS FROM CIP - 312018` (POLICE EQUIPMENT ACQUISITION). ACCEPT COMPLETED WORK: LANZO R 91-470 212 CONSTRUCTION CO., FOR N.W. 36 STREET 6120/91 SANITARY SEWER IMPROVEMENT DISTRICT SR- 5549 (CENTERLINE SEWER) (CIP 351276), (A) DISCUSS AND TABLE PROPOSED DISCUSSION 213-214 CODESIGNATION OF A CITY STREET IN HONOR 6/20/91' OF ALICE WAINWRIGHT.` (Note: This was not taken up again.) (9)"VICE MAYOR PLUMMER ASKS FOR 'INFORMATION ON PRIOR REQUEST FOR CODESIGNATION IN HONOR OF EUGENE MARKS. ALLOCATE, $50,000 TO REGIS HOUSE (Law R 91-471 214 Enforcement Trust Fund), 6/20/91 (A) (Continued Discussion) DIRECT CITY R 91-472 215-216 ATTORNEY TO PREPARE CHARTER" AMENDMENT R 91-472.1 TO ELIMINATE REQUIREMENT OF "READING 6/20/91 FULL TITLE OF EACH PROPOSED ORDINANCE INTO THE PUBLIC RECORD (See label 10). (B) DIRECT CITY ATTORNEY 70 PREPARE CHARTER AMENDMENT TO ENABLE COMMISSION TO GRANT, BY ORDINANCE, SUBPOENA POWER TO CERTAIN COMMISSION -APPOINTED BOARDS AND COMMITTEES. .M_ 76, DIRECT ADMINISTRATION TO DESIGNATE DISCUSSION 216-217 STAVE PERSON TO ATTEND BADE COUNTY 6/20/01 COMMISSION MEETINGS AND REPORT BACK ON MATTERS IMPACTING ON THE CITY - DIRECT ADMINISTRATION TO REQUEST COPIES OF ALL COUNTY COMMISSION AGENDAS. 76. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 217-218 ATLAS - CHANGE DESIGNATION AT 1000 N.W. 10892 1 AVENUE FROM R-4 MULTIFAMILY 6/20/91 RESIDENTIAL TO SD-16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT (Applicant: Darrel Zbar). 77. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 218-222 ATLAS - CHANGE DESIGNATION AT 2001-2193 10893 N.W. 36 STREET FROM R-3 MULTIFAMILY 6/20/91 MEDIUM -DENSITY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.). - 78. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 222-223 ATLAS - CHANGE DESIGNATION AT 3710-3780 10894 N.W. 22 AVENUE FROM C-1 RESTRICTED 6/20/91 COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.). 79. CLOSE / VACATE / ABANDON / DISCONTINUE R 91-473 223-224 PUBLIC USE OF PORTION OF PRIVATE 6/20/91 ROADWAY IN TRACT C OF CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND (Tentative Plat No. 1399 - Claughton Island) . 80. ACCEPT PLAT: FIRST ADDITION TO R 91-474 224-225 CLAUGHTON SUBDIVISION ON CLAUGHTON 6/20/91 ISLAND. 81. DISCUSS AND CONTINUE CONSIDERATION OF M 91-475 225-231 PROPOSED RESOLUTION TO CLOSE PORTIONS 6/20/91 OF N.W. 37 AND .38- STREETS , 18 AVENUE, AND N-S ALLEY EAST OF N.W. 19 AVENUE (Tentative Plat No. 1386-A: Miami Jackson High School) (Applicant: Dade County School Board). (Continued to July 25th.) 82. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 231-233 ATLAS - CHANGE DESIGNATION AT 121-199 10895 N.W. 34 TERRACE FROM C-2 LIBERAL 6/20/91 COMMERCIAL AND R-2 TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION. (Applicant: Planning, Building , & Zoning Dept.). 83. GRANT APPEAL AND REVERSE DENIAL OF R 91-476 233-243 ZONING BOARD - GRANT VARIANCE TO ALLOW 6/20/91 CONVERSION OF EXISTING SINGLE-FAMILY RESIDENCE AT 1505 S.W. 2 COURT TO OFFICE USE - ACCEPT REDUCTION IN OFF- STREET PARKING SPACES AND PROVIDE LANDSCAPED AREA ALONG STREET (Applicant: Harriet Investments, tE im gn JAL 84. DISCUSS AND TEMPORARILY TABLE DISCUSSION 245-244- 141 CONSIDERATION OF PROPOSED RESOLUTION TO 6/20/01 GRANT REQUEST FOR LANDSCAPE REVIEW FOR SPECIAL PERMIT APPLICATION AT 2641 ABACO AVENUE (Owner/Applicant: W. Pinson Colburn with Power of Attorney for Vicki and Rexford Colburn and Teresa and Bill Whiddon) (See label 87) . 85. UPHOLD ZONING BOARD'S DENIAL OF REQUEST M 91-477 244-254 ;., FOR STREET CLOSURE AT 2740 & 2742 6/20/91 :. COACOOCHEE STREET (Owner/Applicant: Bernard A. Ross with Power of Attorney from David & Elethia Rickham and Beverley Barakat). 86. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 254-257 TEXT - AMEND ARTICLE 4, C-2 LIBERAL first reading COMMERCIAL ZONING DISTRICT (PRINCIPAL 6/20/91 PERMITTED USES) TO PERMIT CONTRACTOR'S AND ROAD -BUILDING EQUIPMENT BY SPECIAL EXCEPTION - PROVIDE FOR OPEN STORAGE OF SUCH EQUIPMENT, BOATS AND VEHICLES - (Applicant: Planning, Building & Zoning Dept.). 87. (Continued Discussion) CONDITIONALLY R 91-478 257-258 AUTHORIZE PROCESSING OF SPECIAL PERMIT 6/20/91 FILE NO. CLASS II-91-1717 RELATING TO PROPOSED RENOVATION AND CHANGE OF USE AT 2641 ABACO AVENUE, AFTER COMMISSION REVIEW AND APPROVAL OF LANDSCAPE PLAN (Owner/Applicant: W. Pinson Whiddon with Power of Attorney for Vicki & Rexford Colburn and Teresa & Bill Whiddon) (See label 84). 88. DENY PROPOSED FIRST READING ORDINANCE, M 91-479 258-276 WHICH WOULD HAVE AMENDED 10544 (MIAMI 6/20/91 COMPREHENSIVE NEIGHBORHOOD PLAN [MCNP]) FUTURE LAND USE ELEMENT IN AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUE (I-95) FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL (Applicant: Planning, ? Building & Zoning Dept.). 89. DENY PROPOSED FIRST 'READING ORDINANCE, M 91-480 276 WHICH WOULD HAVE AMENDED 11000 TO 6/20/91 CHANGE CLASSIFICATION IN AREA FRONTING BOTH SIDES OF N.W. 54 STREET_ BETWEEN 2 AND 6 AVENUES (I-95) FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building '& Zoning Dept.) µ: 44 3 xj jiyL IC =y} YC '4 7. +xAYA+YTI..F( r^I Y 1 .. 90. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 277r279 TEXT - DELETE" SECTION 2106 (STATUS OF 10896 DEVELOPMENT PERMITS OR CERTIFICATES OF 6/20/91 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 PERMITS ISSUED PURSUANT TO PRIOR AND CURRENT ZONING ORDINANCES - EXTEND TIME LIMITS FOR OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND OCCUPANCY - AMEND SECTIONS 2208.1 AND 2208.2, TO EXTEND TIME LIMITS FOR BOARD RECOMMENDATIONS TO CITY COMMISSION (Applicant: Planning, Building & Zoning Dept.). 91. DISCUSSION CONCERNING APPEAL OF ZONING R 91-481 279-281 BOARD'S DECISION THAT AN APPLICATION 6/20/91 FOR HEARING BEFORE THE HERITAGE CONSERVATION BOARD DID NOT MEET REVIEW REQUIREMENTS UNDER 9500 - ACCEPT DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY COUNSEL FOR DE GARMO ESTATES, LTD. - DIRECT ADMINISTRATION TO ENFORCE DECLARATION. [Note: Consideration by City Commission of the appeal is still pending.] 92. GRANT APPEAL BY VIZCATRAN LIMITED R 91-482 281-304 (PREVIOUSLY DENIED BY ZONING BOARD) TO 6/20/91 REDUCE THE REQUIRED NUMBER OF PARKING ? SPACES AT 168-200`S.W 32 ROAD, 3200- 3202 S.W. 1 AVENUE, AND 1100-1139 S.W. j 22 TERRACE, WITH CONDITIONS. 93. DISCUSSION CONCERNING COMPLAINTS DISCUSSION 305-307. EXPRESSED BY PEDRO RODRIGUEZ MEDINA IN 6/20/91 CONNECTION` ` WITH THE REQUESTED CANCELLATION OF ALL CITY OF MIAMI NEWSPAPER ADS WHICH ARE ALLEGEDLY SUPPORTIVE OF THE PRESENT GOVERNMENT IN CUBA. ADMINISTRATION REQUESTED` - TO RESCHEDULE AS FUTURE AGENDA ITEM. i 94., CONTINUE AGENDA ITEMS PZ-18 AND PZ-19 DISCUSSION 307-308 TO PLANNING AND ZONINGMEETING 6/20191 PRESENTLY SCHEDULED FOR JULY 25, 1991 (to be heard after 6:00 p.m.) 95. PERSONAL APPEARANCE: JIHAD S. RASHID DISCUSSION 30$ (COCONUT GROVE STREET- MERCHANTS' 6/20/91 ASSOCIATION) COMPLAINING OF AN ALLEGED VIOLATION - INSTRUCT MANAGER TO LOOK INTO COMPLAINT. 96. 'AUTHORIZE ` CITY ATTORNEY TO ENGAGE R 91483 309-311 HOLLAND & KNIGHT TO PROVIDE BOND 6/20/91 r; � COUNSEL OPINION' REGARDING ISSUANCE OF c" AIR -r Th rRT .1Af.Uf11A -' wl�fl-•Iw wwww �w t'` AOL i r y 2 tip. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 20th day of June, 1991, the City Commission of Miami, Florida, met at its regular meeting place in the City Hail, 3500 Pan American Drive, Miami, Florida in regular session. . The meeting was called to order at 8:08 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ALSO PRESENT: Carlos Smith, Assistant City Manager An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------ 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) ..COMMENDATION: MOST OUTSTANDING OFFICERS OF THE MONTH='(MAY); POLICE OFFICERS LAZARO SERPA AND EDWARD ROTOLO. N DETECTIVE EDUARDO MARTINEZ RECOGNIZED .FOR HIS EXEMPLARY POLICE WORK. - (C) CERTIFICATE OF APPRECIATION: MARILYN JACKSON, ROYAL POINCIANA.. QUEEN. , (D) PROCLAMATION: NORTHWEST EXPRESS DADE TRACK CLUB, INC. DAY. ------------ ------------------------------------------ Commendations to Police Officers Lazaro.Serpa and'Edward,Rotolo for -having - been,selected Most Outstanding Officers of the Month:for,May'4991; and to Detective Eduardo Martinez for his exemplary police work. '. 2. Certificates to Appreciation to Marilyn Jackson, University of Miami Royal' Poinciana Queen, and runners-up Carmen Garcia and-Dunia Lavandiera. 3.`..Special recognition to the Miami Northwest Express Track Cl'& and track".: and field Coach Jesse -Holt, and>.designating June -9, 1991 -a& Miami, .Northwest --Express Track Club, _Inc. Day. NOTE FOR THE RECORD:. On a motion duly made by Commissioner Dawkins and seconded by Vice Mayor .Plummer, -the minutes of Comission :meetings of.March �14,..March 28, and April 14 1991,E were unanimously- epproved by the Commission. Y^ r u 3 3 4 } ai Ii , ' .. Joel 2. (A) DESIGNATE MANAGUA, NICARAGUA, AS SISTER CITY (MANAGUA'S MAYOR ARNALDO ALEMAN, PRESENT). (G) DESIGNATE PORT -AU -PRINCE, HAITI, AS SISTER CITY. (C) DONATE AND EQUALLY DIVIDE SURPLUS CITY EQUIPMENT BETWEEN MANAGUA, NICARAGUA AND PORT -AU -PRINCE, HAITI. .-.--------_W-------------------.._--..------_------Y--------- _..... --- ENOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY CARLOS SMITH, ASSISTANT CITY MANAGER.] Mayor Suarez: What item is the item that brings Mayor Aleman here, Mr. Smith? -so that we know. Mr. Carlos Smith: Item one. Mayor Suarez: OK. Mr. Smith: First item. Mayor Suarez: That's well planned. Item 1, Mayor, would you approach the mike and anyone else, Jose Antonio and anyone else that would like to be recognized and express anything in regards to this agreement. Mayor Arnaldo Aleman: MUY BUENOS DIAS. 11 Mayor Suarez: Carlos, can you do the honors? Mayor Aleman. Aleman: HONORABLE SENOR ALCALDE DE LA CIUDAD DE MIAMI, HONORABLES SENORES CONSEJALES... TRANSLATION: Good morning, Honorable Mayor and Commissioners. Mr. Carlos Smith: ARNALDO, TIENES QUE IR DESPACIO. I have to translate. TENGO QUE TRADUCIR. Mayor Aleman: EN NOMBRE DE LOS CONSEJALES DE LA CIUDAD DE MANAGUA Y EN EL MID PROPIO, VENGO A DAR AGRADECIMIENTO DE ESA CIUDAD TAN SUFRIDA DURANTE DIEZ ANOS Y MEDIO POR ESTE GESTO DE FRATERNIDAD QUE UNA VEZ MAS NOS UNE A LA CIUDAD DE MIAMI CON LA CIUDAD DE MANAGUA. ESPERAMOS QUE ESTOS LAZOS DE HERMANAMIENTO CADA DIA MAS SE AGRANDE EN BENEFICIO DE NUESTRA CIUDAD Y TAMBIEN PARA-EL PUEBLO 0 LOS NICARAGUENSES RESIDENTES TODAVIA AQUI EN EL EXILIO. ESPERO QUE ESA GENEROSIDAD QUE SIEMPRE LA CIUDAD DE MIAMI DEMOSTRO CON NUESTROS COMPATRIOTAS CONTINUE AHORA QUE ESTAMOS EN DEMOCRACIA EN NICARAGUA. MUCHAS GRACIAS. TRANSLATION: In the name of the Commissioners, councilmen of the City of Managua and my own, I come to give my thanks from the City of Managua who has f been suffering for the last ten years, for this gesture of fraternity and f` friendship that unites us once again to the City of Miami. We hope that these strong ties would be to the benefit of the city of Managua and Miami and the Nicaraguans living not only in Nicaragua, but also in the City of Miami. We hope that that generosity that the City of Miami has always shown to the ij Nicaraguans in exile will continue towards Nicaraguans in Nicaragua, and especially in Managua. Thank you very much. ' Mayor Suarez; I note that the public treasury was raided by your predecessors and in the Time magazine article this week there's a quantification of Just how much money they tools, it's incredible. I can't say my predecessor did that. I .criticized him for a lot of things, but can't say he took all the f money from the city treasury. Vice Mayor Plummer: There was none to take. .0 cam— t 1 i hs 5 S r S.� Y. j Mayor Alemans MUCWAS VECES LAS INFORMACIONES OE LA PRENSA EXAGERAN LA SITUACION PERO AYER PLATICASA CON EL VICE-ALCALDE Y LO QUE ES LA pARTE DE RECAUDACIONo ESPEC FICAMENTEj ES LA OFICINA DEL ALCALDE LA TOMADA. PARECE GLUE LOS`SANDINISTAS TIENEN UN GRAN APRECID PARA EL ALCALDE DE MANAGUA { TRANSLATION: Many times press reports are exaggerated, but what the ' Sandinistas have particularly taken is the offices of the mayor of Managua in particular. Mayor Suarez: They have a preference for the mayor's assets. We're pleased to have you. Commissioners, anyone have any questions? Vice Mayor Plummer: Mr. Mayor, I have been asked by City Manager Odio, as a request, through the ITB, that we consider that they would be made a Sister, City with the Sister City Program. And the Manager asked me if I would present that to this Commission today. And so that I would be at this point, making a motion asking that we start the process of making Managua a Sister City with the City of Miami, and I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not... Commissioner Dawkins: Under discussion, I'll be making a motion following this motion. I'm voting with the motion, but I have another motion after this one. Vice Mayor Plummer: I have one more before you get to.... Commissioner Dawkins: I would hope not, but I'll yield to you since you're+ the oldest. Vice Mayor Plummer: Ohhhh. Dirty devil. Mayor Suarez: -In the interest of our having afternoon peace, Mayor Aleman, would you come back at 12:00 and take these two gentlemen to lunch to a very. nice` restaurant. All right, moved and seconded. Any discussion? If not, i Programs as they indicate their needs, and that we could, -in fact, through the program try to assist them in the recovery of their country and I so move. F, Commissioner be Yurre: Second, Commissioner Dawkins: i offer a substitute motion, and my substitute motion is that we find two cities, one being Port-au-Prince in Haiti, and we make } those two cities Sister Cities, along with Managua, and any surplus equipment that we have be divided equally between the two. And that's my substitute motion. Mayor Suarez: The substitute motion is accepted. Moved, seconded by Vice Mayor Plummer. f Vice Mayor Plummer: No question. Mr. Mayor, let me just for edif... Mayor Suarez: And it makes more sense to do it together. Vice Mayor Plummer: For the edification of the Commission. Of the surplus equipment list which is published about every quarter, all of the Sister Cities combined have never been able to take -more than 25 percent of what was... Commissioner Dawkins: I can send the whole hundred percent to Haiti right now., Vice Mayor Plummer: You wouldn't want to because some of its not worthwhile. Commissioner Dawkins: I could, but I... but I'm just saying, they need it. You're saying, see, you're saying nobody could accept it, and I'm saying :that it's needed. Vice,Mayor Plummer: No, sir, that's not accepted, it's some of the stuff they just don'.t need. - Commissioner Dawkins: OK, all right, OK. ` Mayor Suarez: Mayor, the problem is that some... they're all equal. .Once they're all... commissioner Dawkins: Tell him... Mayor Suarez: Yes, let me just say it in English real quick. They're all equal, but some seem to be more equal than others. It's what happens. And so we want to make sure that we help Port-au-Prince also for all the obvious and logical reasons. And so we're accepting the Commissioner's modification, modified motion, and moved and seconded. Any discussion? If not, please call the roll. The followingresolutionand motion were introduced by Commissioner Dawkins, who moved 'their adoption: RESOLUTION NO. 91-406 A RESOLUTION DESIGNATING THE CITY OF PORT -AU -PRINCE, HAITI,: AS A "SISTER CITY"- OF THE CITY OF MIAMI, FLORIDA' —E (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 91-406.1 A MOTION CLASSIFYING CERTAIN DESIGNATED SURPLUS ` EQUIPMENT AS,CATEGORY "B" STOCK, SHOULD SUCH EQUIPMENT BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER :DIRECTING THE ADMINISTRATION' TO ' DONATE , AND - EQUALLY ` DIVIDE SAID SURPLUS CITY STOCK BETWEEN THE SISTER :.. ' - CITIEEi OF MANAGUA, NICARAGUA AND PORT-AUrPRINCEp r:. HAITI. 4 Junes. 5 t r.. r ,gym Upon being seconded by Commissioner Plummet# were 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. Mayor Suarez: Now when is Jose Antonio Alvarado going to have an official function on behalf of the government? We expected to see you here as ambassador or something. It's not going to happen. Vice Mayor Plummer: That's a Miami boy. Commissioner Dawkins: That's out of J.L. Plummer's budget. C` Dr. Jose A. Alvarado: Every time they write an article of the Miami boys in Nicaragua', they had to call me. But we are assisting now the country on the housing programs. And I'm acting as the executive director of the housing bank of Nicaragua which is the former Housing Ministry, the version of the HUD here in the United States.. I'm working closely with Arnaldo in trying to reshape that. Housing is an area that suffered most from the Sandinistas, especially because they didn't allocate any resources to housing. Since 1985, the housing budget for Nicaragua was zero, and they only build about 1,200 houses in the ten and -a -half years they were in power, while Nicaragua needed 25,000 houses every year just to keep up with the demographic growth of the country. So we are recognizing too that Managua represents 33 percent of the population of Nicaragua, and as such, also represents 40 percent of the housing problems in the country. So we are."trying to help the mayor; in developing new programs, and new solutions to the Managua population because by doing so, we are also helping Nicaragua. j; Mayor. Suarez: Very good. Good to have you, and Commissioner Dawkins, if you'd like to now make the motion to move the process of establishing Sister City relationship with Port-au-Prince, that would be appropriate. So moved. Commissioner Dawkins: Move.; Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. THE SUBSTANCE OF THE HEREINABOVE MOTION (DULY MADE BY - COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER= ALONSO) WAS INCORPORATED INTO R 91-406 (ABOVE). ". AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins ' Commissioner MiriamAlonso s Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None., { Commissioner Dawkins: Mr. Mayor, I have a pocket item, please. Mayor Suarez: You may want to sit down and watch the proceedings. Mayor, if s' you want to say, last statement. 4 %.*r Aleman: QUIERO AGRADECER AL CONSEJERQ PLUMMERo SRA* A oNS ,;.. SRC #' KINSo CO,MISIANAQO DE YURRE, Y A LISTED, SENOR ALCALDE,'LA FRATERNIPi 1j, LA�-ZIUDAD PE MANAGUA. 1 hs' eNow Mayor Suarez: That Was the most 9104 ent and briefest statement We've had in A long time from a Mayor here. He can come back any time. Vice Mayor Plummert He won't survive. "WwY.--r ---&i _"--- a0fgw r!'.—it i(. a. au o. ra.riii. .rr--fir ---- ----------r-r. —®a----r.r�I.i.i4wri..ri�:ir aaWtr W. 3. AUTHORIZE CITY ATTORNEY TO ENGAGE PROFESSIONAL SERVICES OF HOLLAND AND KNIGHT CONCERNING POSSIBLE IMPACT ON CITY RESULTING FROM REDISTRICTING (REAPPORTIONMENT) BY STATE LEGISLATURE, FOLLOWING OFFICIAL RETURNS OF 1990 U.S. DECENNIAL CENSUS - ALLOCATE $259000 TO MONITOR METHOD UTILIZED IN IMPLEMENTATION OF REDISTRICTING. .irr.ra.r----------r—.r-----------�­-------ram —rim------------- ------- Mayor Suarez: Commissioner Dawkinst, Commissioner Dawkins: Mr. Mayor, as you know, we're going to have redistricting, and it's going to be a very cumbersome thing. So I would like for this Commission to go on record so that everyone will know that we intend to see that it's done right, and I would like for us to still engage the firm that we have that's lobbying with us now to help us work on the state's redistricting. And with the permission of my fellow Commissioners, I'd like for us to allocate $25,000 now for engaging a person who is supposedly an expert in the redistricting and that we allocate another $125,000 to be for litigation if we have to litigate, and what have you, and I have a resolution to that effect. And I'd like to... if anyone would like, I would rather table this if anybody wants to study it or make any suggestions or move it now for the first reading and bring it back for the second reading. Commissioner De Yurre: Who do you have specifically? Do you have anyone specifically for this? Commissioner Dawkins: Yes, Holland & Knight, the same ones we have who's... Commissioner De Yurre: And the twenty-five is for them to be overseeing... Commissioner Dawkins: Yes. Commissioner De Yurre: ...the process. Commissioner Dawkins: No, no, for them to develop us a'process for which to... and help us understand what the state legislature is doing. No, look at this City Manager goes out in the audience and hugs people. The other one didn't. Go ahead. Mayor Suarez:- You may want to do it before, depending on how we handl a the item. For myself, I need to know what the. City Attorney feels of the appropriateness under our City Charter of getting into funding of state legislature,- not for.. Commissioner Dawkins: No, this is for -the whole... All right, what did they call the whole thing? Vice Mayor Plummer: It's usually called gerrymandering. Commissioner Dawkins: Yes, well that's right. That's the... Commissioner De Yurre: That's the end result. Commissioner Dawkins: It's not redistricting What they call it, the other part of it? Commissioner be Yurre: Reapportionment. Mayor Suarez: Reapportionment. Commissioner Dawkins, Reapportionment. The whole reapportionment system, And the state legislature is gearing up now, the whole State of Florida, and if'we're not in, in my opinion, on the start up, it's too late to come in down the road trying to alter the plan, and what have you, Now, I asked the gentleman`who-is'supposed - and I give you this with tongue in cheek - who i B ,luna�,� C kyat r h Fa T "1 k supposed to be the redistricting expert, if he would come before us if anybody had any questions. But, as the Mayor said, let's first find out from our City Attorney if we should do it. And if he says we shouldn't do it, we won't do it. I mean, there's no sense in going any farther. Is that what you say, Mr. Mayor Mayor Suarez: bo you need to ponder this, and prepare some sort of an opinion? Mr. Fernandez: No, I have - excuse me - I have basically looked at this, and I have discussed it with the proposed firm, and in my opinion, they would render a valuable service to the City for the $25,000 that's being discussed here for purposes of making sure that the City's interest, whatever those may be relative to the impact of redistricting and reapportionment, that it would have. All the legal ramifications of that, I am not necessarily now in the best of positions to explain those to you, as I have not really delved into it. But I believe that this would be something that could stand the City in good stead. Commissioner De Yurre: Well, let me ask. What exactly are they going to be doing? Mr. Fernandez: Mr. Cardwell and the firm is here, and perhaps they would be in a better position to explain that. David Cardwell, Esq.: My name is David Cardwell with the law firm of Holland & Knight. Commissioner, what we have proposed for what is referred to as a monitoring phase, is to meet with you and other City officials, inform you how the reapportionment and redistricting process works, what will be critical points in that process, keep you advised as to developments and get your input as to what you would like for us to bring to the attention of those who will be drawing the district lines as what the interest of the City of Miami would be in how those lines are drawn, and how they would affect the legislative delegation as well as the Congressional districts that will be drawn in the area. And keep you informed of the process and as it develops between now and in February when the plans will be adopted as to how that affects you either positively or negatively. Commissioner De Yurre; Give me an example of how it could impact the City. Mr. Cardwell: You have a great deal of matters that you bring before the legislature. The lines that are going to be drawn are in place for ten years. It will establish the delegation for the next ten years, as well as your Congressional delegation. Lines can be drawn to either split a City, split particular communities, or they can be drawn to combine the Cityor communities with certain other areas. Lines can be drawn in a variety of ways, and achieve population equality, but still have adverse or positive consequences to a jurisdiction depending on where the line may be drawn. You may prefer to have a line drawn in a certain way what you think results in a delegation more responsive to the City of Miami versus a line that would be drawn to where they would be less responsive to the City. Or where there may be a neighborhood split that you feel should not be. Commissioner De Yurre: How many representatives do we have in the City? Mayor Suarez: That actually have a district within the City of Miami? Commissioner De Yurre: No, I mean how many ... yes, what was it? -you got Gutman, you got Morse, Valdez, Hoffman... Mayor Suarez: Darrell Reeves has a little bit. No Hoffman.doesn't cover any of the City,I don't think. Commissioner Alonso: Yes, he does. Commissioner De Yurre: Yes. Mayor Suarez; Susie Guber. Commissioner Alonsp: Yes., Vice Mayor Plummer: Yes, Susie. Tt - i a , L' )j Commissioner De.Yurre: No, i think Hoffman Covers some of the southwest area. Luber is in Coconut Drove. Commissioner Aiansos Guber definitely* . Mayor Suarez:. Valdez, Gutman] Morse,.. Vice Mayor Pl uminer: Well, the entire Dade Delegation is what? -20 or 22, 1 i think Commissioner De Yurre: There's 28. The whole thing. Vice Mayor Plummer: Twenty-two, for Dade. ; Mayor Suarez: Reeves. Commissioner De Yurre: Including the senators? f F Commissioner Alonso: .I think the exception of Hialeah, Rudy Garcia is Hialeah and Senator Casas. The rest... Commissioner De Yurre: Now we have Darrell Reeves, Jr. Mr. Carlos Smith: I understand... Commissioner De Yurre, I understand that We have... Mayor Suarez: I think we have about six or seven representatives. Commissioner Dawkins:. Darrell Jones. Commissioner De Yurre: Jones. Yes, but I'm talking about in the City itself. Commissioner Dawkins: Oh, in the City_itself. Comm ssi oner Al onso: Ci ty, I - bel i eve there are about... .' Vice Mayor. Plummer:,; : Four. ' i. Mayor.Suarez: I think that's it, we've said it.`; Mr., Smith: -: We bet ieve we have six. - - `- Commissioner Alonso: Six? Mayor Suarez: Six, I think, yes. tr Commissioner Dawkins: Carrie Meek :is in the City. r' Commissioner Alonso:; I think six. - Mayor Suarez: And Senator.Carrie Meek and Jack Gordon has a little bit,,-of;=the di strict. Commissioner De Yurre: Yes, the senator. s Commissioner.Dawkins: Jack Gordon has a,:1ittla bit of ,the City; 'Cowissioner De;Yurre: And Diaz-Balart. A° A Commissionor Alonso:, Yes, that's: why it's only .Representative. Garcia-,, and Casa;. Senator -Cases are the only two. And Souto. = Mayor Suarez.- No, -there s.'.. N Commissioner De urre; And De.Grande. De,Grande DeGrande i s not, i n. the City, _. , . . Mayor_ Suarez; There's a few others, yes, r Commissioner Dawkins; Yee, but all.,. Mayor Suarez, Darrell Jones is outside, IA r C o88 99 4 i rraaYst VV11.111001VIIfr1 Vwnn v• �� Commissioner Alonso: So the rest... Commissioner De Yurre: You know; the point I'm trying to make is,`I can't envision a reapportionment or a changing of the lines to the point that we would lose any of these individuals or that we can't go to them anyway. I mean, like a lot of the times we have problems in Tallahassee, we end up going to representatives or senators, Casas , he's always there when we need him for something. And he has nothing to dowiththe City of Miami. So really, how important is it to get involved in this issue when you deal with the reality of the situation that exists of the people that we know that they're there for us? That's what I'm trying to determine. Commissioner Dawkins: OK, the importance, in my opinion is, nothing in politics is as it ?appears on the surface. Nobody out of the - how many legislators up there. Mr. Cardwell: A hundred and sixty. Commissioner Dawkins: A hundred and sixty. Nobody of the hundred and sixty, other than those from this area, is going to be representing this area. They're all going to be representing their area trying to get what's best for their areas. So now we can sit here and say that our delegation is going to be able to influence the individuals up there without having been up there seeing what you can trade off, it won't work. Now, when time came for us to fight Florida Power & Light, nobody wanted to bite the bullet except Representative Diaz - what's his name, Mario? Mario told us that they had committed themselves, and Mario went around with us to each of our delegations, and encouraged them that they had been had. That earlier on, Florida Power & Light encouraged them to sign off on a bad.bill. And we went from. legislator to legislator, and we went outside our delegation and Jack Gordon was able to' call in some chits, Carrie Meek called in some chits, the gentleman from. Hialeah, Roberto, called in some chits, and we were able to_ w defeat that bill. But we defeated that bill only because we were up there and we knew what was happening. Had we waited until the bill hit the floor, we'd have been out of.luck. So all I'm.,saying, Commissioner De Yurre, is you have to plan ahead and we may not, think it's important, but when you look up and because of this redistricting although the City Attorney tells me it can't happen - the supervisor of elections may decide that for the sake of saving, money, he has to combine some precincts and then 'we don't like the way 'the precincts would be designed, we can only argue in court if we built a case up against it. So that's the only reason.I see. I don't know. ` Commissioner Alonso. I agree with Commissioner Dawkins that we have to be - very careful the way it's done. And in order to protect the City of Miami,- '' the ,citizens of, Miami, I think we really should be very aware what's happening there. And the only way to do it is to be well informed and look at what's happening and keeping on top of things. I agree,with Commissioner Dawkins. # Vice Mayor Plummer: Let me, if I may, I have some closeness to the Senate, and to say to you,that::. S } Commissioner Alonso: Why? Vice Mayor Plummer: ...if, in fact, the games were to try to be played this time as it was ten years ago, there was one - and I'll give you one example they claimed when we tried to nail down the gerrymandering, and that's what it was, as to why a district was drawn around one individual's front door, that's the kind of games that I think that we need to be aware that they don't play again. Now, they're saying ten years ago, they blamed it and said it was the computer that drew the lines. We know who was operating the computer, This time, they are using an independent panel of judges, supposedly, to draw the lines. I think it's important, because they co+ild split the districts up of this City to where you could never get anything accomplished. Sc I think it's very very important, and I think it's also as important - and not addressinxl g . this particular issue - that we must be extremely careful of how Metro is going to draw their lines for this ballot question that may or may not pass. Commissioner De Yurre; We may need them more in Metro than in Tallahassee. 9 ,junk to 1991 i +�rY Wi }. �E Vice Mayor plummer: Well, you start at the top and work down. Mayor Suarez: We have a lawsuit against Metro, and this Commission has now been asked to put any money into it, and will not be asked to put any money into it. And certainly the input will be taken, and Commissioner De Yurre is a plaintiff in that, and so am I. I would be inclined to invoke the rule. I'm not going to do it out of deference to Commissioner Dawkins, but I would urge this Commission to think carefully as to why it is that we should be spending money on this. I presume that you're not asking for $150,000 as I read here. Commissioner Dawkins: No. Mayor Suarez: The process of legislative redistricting is one that we're going to have to be very involved in. Is one that we're going to have to be going to those very senators and representatives that we elected, and getting on their backs to avoid the kinds of things you said, Commissioner. This Commission just doesn't have the money for this, and I'm surprised and just stunned by the idea that somebody would come up here and request $150,000. Commissioner Dawkins: The request is for $25,000, but not to spend more than $1500000. All I'm saying is that with the $25,000 the job will get done. But in the event that we get the twenty-five thousand and we find out that as Commissioner Plummer says, the committee has used a computer that we don't believe in, and we have to go and hire a firm with our computer program, then you've got to have the money to do it with. So all I'm saying is that appropriate... nobody said spent a hundred and fifty. See, I've been up here long enough to know that just like you're saying now, there is no money for this. But there's money for anything else anybody else wants up here. When you got three votes, you get the money. See, so if we didn't have any money at all for anything, I could understand what we're saying. But I guarantee you, before this day is out, three things will happen up here where there is no money, and the money will show up. So that's nothing unusual for us to say up here, there is no money, and come up with the money. Commissioner De Yurre: Cesar is not here today, remember. I don't know if he has the same ability to come up with the money. Mayor Suarez: Well, the resolution as presented here says pretty much what you just stated, that there would be... Commissioner Dawkins: Under no circumstances will we spend over twenty-five thousand without coming back to this Commission... Mayor Suarez: All right. If you want to restate it as a proposal that we allocate $25,000 for the study and report back to this Commission for future allocation of monies for litigation, etcetera, that might make sense. Commissioner Dawkins: So moved. Commissioner Alonso: Second. Mayor Suarez: All right. not, please call the roll. t� t� The following resolution was introduced by Commissioner Dawkins, who moved its adoption! RESOLUTION NO. 91-407 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE PROFESSIONAL SERVICES OF THE LAW FIRM OF HOLLAND AND KNIGHT IN REGARD TO THE IMPACT ON THE CITY OF MIAMI WHICH MAY RESULT FROM REDISTRICTING OF THE STATE LEGISLATURE FOLLOWING THE OFFICIAL RETURNS OF THE 1990 U.S. DECENNIAL CENSUS WITH FUNDS IN AN AMOUNT NOT TO EXCEED $25,000 HEREBY ALLOCATED FROM FY 1991-1991 GENERAL FUND FOR THE PURPOSE OF MONITORING THE PROCESS OR METHOD UTILIZED IN THE IMPLEMENTATION OF SUCH REDISTRICTING; FURTHER PROVIDING THAT THE HEREIN AUTHORIZATION IS SUBJECT TO AVAILABILITY OF FUNDS. (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. NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: And as stated by the Mayor, before they spend anything over the twenty-five, have to come back to this Commission for approval. Commissioner De Yurre: have to come back. Commissioner Dawkins: Well, all they're getting is twenty-five, so they'd Yes, yes, right. So second... yes. ------------------------------------------------------------------------------ 4. DISCUSSION - PERSONAL APPEARANCE BY MANUEL GONZALEZ-GOENAGA, REQUESTING FUNDS FOR: CITIZENS UNITED AGAINST POLICE BRUTALITY, INC MONEY DISAPPEARED IN POLICE DEPARTMENT YEARS AGO STILL BEING INVESTIGATED. ------------------------------------------------------------------------------ Mayor Suarez: Item two. Talking about $25,000 items, I think that's what this one is. Sir, you've managed to be on every Commission agenda for the last three, I think. Mr: Manuei'Gonzalez-Goenaga: And you know why, Mayor Suarez: We're going to hear now. Mr. Gonzalez-Goenaga: Do I have to identify.., My name is Manuel Gonzalez- Goenaga. I am here on behalf of the organization that has been duly founded and registered under the State of Florida, Secretary of State, Citizens United Against Police Brutality, Inc. I'm requesting money for a grant in order to put this organization in action. I'm sure that some Commissioners are aware, t at least Mrs. Alonso. She has been in the radio station, and she has heard t about complaints against bad treatment of the police to the citizens of Miami. Not all of the policemen, of course, but some. And it has been also on TV, It has been also on Univision, under the Cristina Show.. i don't think i have to explain in detail the problem that we are encountering here in Miami, Ano i would say that is not only Miami, I have had also bad experience recently with Highway Patrol, Metro, so to be fair, I think that this has to be An organization that needs grants not only from the City of Miami, but from Metro II June 20, lgBl INK F Ri " l I NOR 77 : l i. and all the municipalities within Cade County. I am also going to make some efforts in the statewide, but I think I need something to start with. In other words, office space* And if, after agreement with the members of some representative of the City Manager, you can rest assured that these will not be a "cifarra.n I am sure that you.., these word I learned it here in Miami, in the Cuban area, "cifarra," which I understand is so common in all this type of organization where there is no accountability. You can rest assured that this organization will the first thing is because of the public trust, and in the citizenship and for the Commissioners there is going to be a lot of accountability. I am not here to enrich myself with any funds that might be given. As I mentioned in the letter, I want an active board of directors composed of members of the different ethnics citizenship within the City of Miami and the State of Florida. I don't want rubber stamp people, and any votes that I can gather here would not be a sine qua non for giving you a backing politically. These I want and I am totally independent organization for the particular reason that the citizens of Miami and all over the state, and especially in Dade County, they need to feel comfortable coming forward to an organization that is going to investigate their complaints. You might say that there might be some overlapping with the Office of Professional Compliance and the other one, which I did, I went to through. Joe, what is this thing that you got there? -the cover-up for the police, that other organization, investigative. What is the name of it? Mayor Suarez: Internal Affairs. Mr. Gonzalez-Goenaga: Internal Affairs. Well, let me tell you. I'm sure that this city right now I hear about surpluses. You are giving surpluses to the City of Managua. Well, I think that the surpluses, some surplus, should be given to this organization as a matter of some type of equipment. I don't want brand new things. I think we can manage with old typewriters or surplus typewriters from the City of Miami. Some office space. I'm willing to pay more than one dollar a year, you know. And you can rest assured that this already has cost me money, and out-of-pocket expenses. Could I have any questions that you may have? Commissioner Dawkins: Yes, Mr. Mayor, I'd just like to... Mayor Suarez: Commissioner. Commissioner Dawkins: been before the Coral harassment? Mr. Gonzalez-Goenaga: ...one question. I hate to prolong this, but have you Gables City Commission to protest police brutality and I will when this is... Commissioner Dawkins: Have you been there? You are a resident of Coral Gables. Mr. Gonzalez-Goenaga: But I was arrested... Commissioner Dawkins: But yet you have not been to Coral Gables finding fault with their Police Department, but yet you're here on concern of mine when it's a problem Countywide. Mr. Gonzalez-Goenaga: Yes, I am... Commissioner Dawkins: You also are a taxpayer in Dade County, and you have not been to the Dade County Commission. But yet you've been here, sir, five times or more with us. And each time I ask you, have you been to Coral Gables E or have you been to the County, you tell me, no, but I'm going. So I would like, Mr. Manager - and I hope I don't have to pass a resolution - that this gentleman does not be allowed to speak with us at our Commission meeting until he can demonstrate to us that he has appeared before the Coral Gables Commission and the Dade County Commission and be able to tell us what they said. Mr. Gonzalez-Goenaga: May I answer? Vice Mayor Plummer I don't think you can do that. Mr. Dawkins, I thlnk'you can request of him to do such, and I think that the appropriate possible place where 1t would be that he would make his presentation, would be the Dade League of Cities in which he incorporates all municipalities and he can apply 12 June zoo 1991 for that agenda to make that personal representation+ But sometimes we find { it fortunate or unfortunate that everybody has their right to come before this Commission at any time and make their presentation known But t understand what you're trying to accomplish. That it should be not just looalited, but to the entire county. I understand that. Mayor Suarez! Manolo, one thing for sure is, if you insist on continuing to come to this Commission every session of the Commission we're going to hold you to the two minute limit. I think that 1s in the Code for any... Mr: Jorge Fernandez: You can limit to a reasonable period of time, yes. Commissioner Dawkins: What is a reasonable... Mayor Suarez: In this case it'll be... my finding is that, unless the Commission overrules me, that you'll have exactly two minutes. Not one second more, and we otherwise thank you for your appearance here today. OK? Mr. Gonzalez-Goenaga: Well, the situation is that this nonprofit organization... Mayor Suarez: I thought that meant... the way I stated that it was a nice way of telling you bye, bye. But if you want to make one last statement, go ahead. Mr. Gonzalez-Goenaga: Forever. A last statement would be is that the reason why I started with the City of Miami is because"I was arrested by the City of Miami police in the campaign office in 1714 V. Flagler Street by Officer Chacon. Also, I think that, as soon as I get out of bed, I am in the City of Miami all day long. I just sleep in Coral Gables. I already mentioned that I'm going to go to all the municipalities in Dade County. But that doesn't mean that the City of Miami cannot contribute because there are a lot of complaints from the City of Miami. Incidentally, I received a letter from the Chief of Police saying - just for your information - that the missing $150,000, the investigation is currently open and active. Since how many years is this thing occurred? I think it's your responsibility, Commissioners, because we're speaking here, we say that the treasury of the Managua previous mayor was stolen. With the police here, we have stolen money of $150,000. If you don't want me to talk about this... Mayor Suarez: You've received today a memorandum from the Chief, and if not, it's available in my office, that responds to that Unfortunately, it doesn't go into details, but it responds to it to the limit of our legal ability. All right? Mr. Gonzalez-Goenaga: Will I be entitled to? Mayor Suarez: Yes. But it might not satisfy you because it doesn't have the details you would like, but... Mr. Gonzalez-Goenaga: Well, there are so many things that do satisfy me from this Commissioners, which I will go the right people and the right forum. Mayor Suarez: OK, Manolo. Mr. Gonzalez-Goenaga: Thank you very much. Commissioner Alonso: Mr. Mayor... Mayor Suarez: Yes, Commissioner. Commissioner Alonso: ...I, of course, don't want to extend the presentation in -any way, and I think he has completed. But I think it's important, this issue that he has brought up about the disappearance of the money, it has been anissue of embarrassment for the, not only .for the City Commission, but everyone in the City of Miami and one that I have heard for years and years. And have never received an answer that has really convinced me as a citizen and 4;1 an elected official, that I have seen any appropriate response. It!$ very disturbing to me to see that an amount of money like that could disappear I from that location. And since this issue continued to come up through open E, forums; as -well as presentations in front of us,`I think that I, for one, 4nd ' 'I'm sere many people here sitting with me at this Commission, will feel the 13 June 20, same way, would like to have some sort of an answer on this matter to see if we can put an end to how it happened and some sort of report. Because when AS a citizen I heard that before. And since I have been a Cor7missioner, I have never received a response that has satisfied me on that issue. And I'd like to receive some sort of report or maybe the Chief or someone else come to me, and give me some sort of response on this issue so I can, in turn, respond to the citizens of Miami. Mayor Suarez: Yes, and I have a feeling that what the Commissioner just said is going to have to be the way the procedure you're going to have implement, because the memo that was received today is so cryptic, you know... Commissioner Alonso: it leaves much to be desired. Mayor Suarez: Yes, and so maybe a personal discussion with the Commissioner, which the Commissioner may or may not want to share with the members of the general public, but at least we have that option. And this has been quite a few years. All right, thank you. 5. CONSENT AGENDA. ------------------------------------------------•------------------`.----------- } i Mayor Suarez: Item three is the consent agenda. It is comprised of CA-1 through CA-18. There's two items that are stated here as being withdrawn. Actually, I think Commissioner Dawkins just wants clarification. I don't know why they got 1t here as withdrawn. And those are CA-10 and CA-12. Commissioner Dawkins: No, CA-6 and 7. Mayor Suarez: OK, well maybe CA-10 and 12 are withdrawn then. Commissioner Dawkins: Let's see. Mayor Suarez: OK, so with the exception of item CA-10 and 12 and leaving out, for the moment, CA-6 and 7. Commissioner De Yurre: Move. Mayor Suarez: Moved by Commissioner De Yurre, the consent agenda. Vice Mayor Plummer: Second. Mayor Suarez: Does anyone wish to be heard on any of these items individually before we vote on them? Which one, Manolo? Mr. Manuel Gonzalez-Goenaga: Any ones that have to be with the giving money to the police, when the $150,000 have not been found yet. Mayor Suarez: ;All right, you have to specify an.item, otherwise.... Mr. Gonzalez-Coenaga; Yes, I have. it here, I'm going to check it. Plus I think I... Joe should know very well. CA-6. Mayor Suarez: OK, that's,already being... Commissioner Dawkins OK, well let him speak now... Mayor Suarez: ...removed so we can vote on the rest of the items. Mr. Gonzalez-Goenaga: Oh, it was removed. OK, another one... Mayor Suarez: Right. Commissioner Dawkins has questions on that which may satisfy you, if anybody, if anything does. Mr. Gonzalez--Goenaga: Oh, CA-14, it regards with what? -the settlement of $40,000, Gabriel... Mayor Suarez: All right, we will leave out CA,-6 and 7, ten and twelve are withdrawn, and CA•14. f7,�t4'15 fj � '1 y Mrs Gonzalez-Goenaga: Oh, fourteen was... OK, let me see. Twenty.., What about the bond issues? -it's later on, right? OK, no, OK, that's... OK. Mayor Suarez: All right, with those exceptions, does anyone wish to be heard on any of the other items individually? Let the record reflect no one stepped forward. We have a motion and a second, do we, Madam City Clerk? Call the roll. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE MAYOR PLUMMER THE CONSENT AGENDA WAS APPROVED, WITH THE ABOVE CITED EXCEPTIONS, 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. 5.1 AUTHORIZE PURCHASE: 165 PROTECTIVE CLOTHING ENSEMBLES FROM SAFETY EQUIPMENT COMPANY. RESOLUTION NO. 91-408 A RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY 165 PROTECTIVE CLOTHING ENSEMBLES FROM SAFETY EQUIPMENT COMPANY UNDER EXISTING CITY OF MIAMI BEACH BID NO. 113-89/90 AT THE PROPOSED AMOUNT OF $91,307.70; ALLOCATING FUNDS THEREFOR FROM THE 1990-9.1 .OPERATING BUDGET, ACCOUNT CODE NO. _,280601- 075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEFPROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on'fi.le in the Office of the City Clerk.) 5.2 ACCEPT BID: ARMSTRONG MEDICAL INDUSTRIES, FOR FURNISHING MEDICAL ANTI - SHOCK TROUSERS. RESOLUTION;NO. 91-409 A RESOLUTION. ACCEPTING THE BID OF ARMSTRONG MEDICAL INDUSTRIES FOR FURNISHING MEDICAL ANTI -SHOCK TROUSERS FOR THE DEPARTMENT OF FIRE. RESCUE AND INSPECTION SERVICES` AT A TOTAL PROPOSED COST OF $7,785.00; `ALLOCATING FUNDS THEREFOR FROM THE STATE OF FLORIDA EMERGENCY MEDICAL SERVICES GRANT FUND NO. 104005, ACCOUNT CODE NO. 280509-840; AUTHORIZING THE CITY- MANAGER TO "INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the office of the Citv Clerk.) t� 74 'vN" M J !- , • rv, v _ i t4 f .a''v�' J 'I g h- (`k 'p' 6.3 ACCEPT 810,0, MOTOROLA, INC., FOR FURNISHING 660 STX RADIO BATTERIES. RESOLUTION NO. 91-410 A RESOLUTION ACCEPTING THE BID OF MOTORO L , . FURNISHING 650 STX RADIO BATTERIES'TO THE DEPARTMENT OF POLICE AT A TOTAL COST NOT TO EXCEED $14,268.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET, ACCOUNT CODE NO. 290201-701; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.4 ACCEPT BID: MARTIN L. KAISER, INC., FOR FURNISHING A BOMB DISPOSAL SUIT. RESOLUTION NO. 91-411 A RESOLUTION ACCEPTING THE BID OF MARTIN L. KAISER, INC. FOR FURNISHING A BOMB DISPOSAL SUIT TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT.OF $9,425.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 312018, ACCOUNT CODE NO. 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.5 ACCEPT BID: PIECO, INC., FOR UNDERGROUND TANK REMOVALS PHASE I; B' 5579(e) AT FIRE STATIONS 10, 11 AND 12. RESOLUTION NO. 91-412` A RESOLUTION ACCEPTING THE BID OF PIECO, INC., IN THE PROPOSED AMOUNT OF $16,583.009'-TOTAL BID OF THE PROPOSAL, FOR UNDERGROUND TANK REMOVALS - PHASE I B- 5579(e); AT FIRE STATIONS 10 11 AND 12; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITALIMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 311009 IN THE AMOUNT OF, $16,583.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED' TOTAL- COST. OF $19,680.00; AND AUTHORIZING1 THE CITY MANAGER. TO, EXECUTE' A CONTRACT WITH SAID FIRM, IN 'A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here -follows body of resolution, omitted .here. and - on file in the Office of the City Clerk.) to -Offi AML.°xfr 666 AUTHORIZESUNSHINE STATE GOVERNMENTAL FINANCING COMMITTEE TO CAPTURE EXCESS EARNINGS ($26,000) FROMTHESECONDARY LOAN ACCOUNT, TO FUND L ORIGINATING COSTS FOR ITS COMMERCIAL PAPER PROGRAM. f' RESOLUTION NO. 91-413 A RESOLUTION AUTHORIZING THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMITTEE TO CAPTURE EXCESS EARNINGS FROM THE SECONDARY LOAN ACCOUNT IN AN AMOUNT NOT TO EXCEED WOOD WITH THE PURPOSE OF FUNDING ORIGINATING COSTS FOR ITS COMMERCIAL PAPER PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.7 EXECUTE AMENDMENT TO EXISTING AGREEMENT WITH KPMG PEAT MARWICK TO EXTEND IT FROM MARCH 30 TO JULY 319 1991. 5.8 RESOLUTION NO. 91-414 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT DATED AUGUST 24, 1991, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND KPMG PEAT MARWICK, TO THEREBY EXTEND THE PERIOD OF SAID AGREEMENT FROM MARCH 30, 1991 TO JULY 31, 1991. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF MIAMI MARINE STADIUM IN SUPPORT OF: POPS BY: THE BAY SERIES (CO -SPONSORED BY PHILHARMONIC ORCHESTRA OF FLORIDA AND MIAMI HERALD LEND -A -HAND FUND) - EXECUTE AGREEMENT. RESOLUTION NO. 91-415 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS,. AND CONDITIONS FOR THE USE OF THE MIAMI' MARINE' STADIUM IN SUPPORT OF THE "POPS_ BY. THE BAY" SERIES TO BE PRESENTED BY THE PHILHARMONIC .ORCHESTRA OF FLORIDA AND THE MIAMI HERALD LEND -A;. - HAND FUND AS COSPONSORS, TO BE HELD:AT SAID STADIUM ON JULY-4, 7,-AND 13, 1991; AUTHORIZING- THE CITY MANAGER TO EXECUTE AN AGREEMENT,- - IN SUBSTANNTIALLY THE FORM ATTACHED,, WHICH. SHALL 'CONTAIN PROVISIONS FOR SAID- SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND FOR PAYMENT OF.APPLICABLE SURCHARGES, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY-.O.F MIAMI*, ti (Here :`follows body of resolution, omitted here and on file in the Office of the City Clerk.)> 17 junli 2-00 loot Sao t '• APPROVE APPLICATION BY FOODPAK OF THE AMERICAS, INC. FOR THREE-DAY STATE LIQUOR PERMIT W FOR DISPLAY BY MANUFACTURERS / DISTRIBUTORS OF PRODUCTS LICENSED UNDER STATE BEVERAGE LAW AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT COCONUT GROVE CONVENTION CENTER. RESOLUTION NO. 91-416 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING APPROVAL OF THE APPLICATION FOR A THREE-DAY STATE LIQUOR PERMIT BY FOODPAK OF THE AMERICAS, INC., FOR THE DISPLAY BY MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE STATE BEVERAGE LAW, AND ALSO FOR CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF THE COCONUT GROVE CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD OF JANUARY 22-24, 19929 SUCH APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE STATE'S ISSUANCE OF SAID PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.10 GRANT REQUESTS BY: (a) 1992 CARNAVAL MIAMI PASEO, (b) 8K RUN, (c) BIKE DASH, AND (d) CALLE OCHO OPEN HOUSE FESTIVAL FOR CLOSURE OF DESIGNATED STREETS, ESTABLISHMENT OF PEDESTRIAN MALLS, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE - RELAX FIREWORKS LIMITATIONS FOR: (a) CARNAVAL NIGHT AT' ORANGE BOWL STADIUM, (b) A SPONSORS PARTY IN VIZCAYA AREA, AND (c) CARNAVAL MIAMI INTERNATIONAL, AT BAYFRONT PARK. RESOLUTION NO. 91-417 A RESOLUTION RELATED TO: THE 1992 CARNAVAL MIAMI PASEO TO TAKE PLACE MARCH 8, 1992; THE 8K RUN ON MARCH 14, 1992; THE BIKE DASH ON MARCH 14, 1991; AND CALLE OCHO OPEN HOUSE FESTIVAL ON MARCH 15, 1992 TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING THE PERIOD OFTHE EVENTS; AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER RELAXING THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT FOR: CARNAVAL NIGHT AT THE ORANGE BOWL STADIUM ON MARCH 7, 1991; IN THE VIZCAYA AREA FOR A SPONSORS PARTY ON MARCH 13, 1992; AND FOR CARNAVAL MIAMI INTERNATIONAL AT BAYFRONT PARK ON MARCH 14, 1992; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED` BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) June 20, n vT _ lvlep 8,11 GRAN` REQUEST BY NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC. AND THE MIAMI MILE COMPANY FOR CLOSURE OF DESIGNATED STREETS CONCERNING: MIAMI MILE ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS - WAIVE CITY FEES6 RESOLUTION NO. 91-418 A RESOLUTION RELATED TO THE "MIAMI MILE", A WORLD CLASS EVENT TO BE CONDUCTED BY THE NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC. AND THE MIAMI MILE COMPANY, ON JANUARY 18-199 1992; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES IN DOWNTOWN MIAMI DURING SAID EVENT SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE RACE COURSE; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; WAIVING ALL CITY FEES ALLOWED TO BE WAIVED BY CITY CODE; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.12 VACATE / DISCONTINUE / ABANDON STORM SEWER EASEMENT AND RETURN IT TO PRESENT OWNERS OF LAND AT 2100 N.W. NORTH RIVER DRIVE - EXECUTE QUIT CLAIM DEED. RESOLUTION NO. 91-419 A RESOLUTION, WITH ATTACHMENTS, VACATING, -: DISCONTINUING AND ABANDONING A STORM SEWER EASEMENT AND RETURNING SAME TO PRESENT OWNERS OF LAND LOCATED AT 2100 NORTHWEST NORTH RIVER DRIVE AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO IMPLEMENT THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.13 ACCEPT PLAT: ZIFF-RICHTER SUBDIVISION. r RESOLUTION NO. 91-420 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ZIFF-RICHTER SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND; POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) r. 19 June 20, 1991 ii.iYWt Ylil iiiR iilGYilfr Gil i.i ilG.b If1 Y1.�Yi{.Y Yi i91fY �Jliliiilf. Yi �fi.Y..�YIYWiil`.YY.i Ali iYir WliilYi Yi YYii'Y ii Y'i Yti iY i.iY`iaiali iY+iiii6 iiW �Yii i7 �iiG iiY S$' 61 DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH (a) STRATEGIC INTERNATIONAL, INC. FORT PROVISION) LARRY OF TWO POLICE $gSHARED VISIAND ON )CARLOS WORKSHOPS �R(Note: (ThisSOitem was not taken up again.) rr---------------------------------------------------r—----------.te r--- Mayor Suarez: Item six. Commissioner Dawkins had clarification. Commissioner Dawkins: Item six, Mr. Manager, or someone over there. On the first page, it says, this workshop, then in the next paragraph, next sentence said, the workshop. Then when you go over on page 2, it says two one -day workshops. Then when you go over on page 4, it says five one -day workshops will be with the... one at the north station, one at the south station, one at the central station. And one workshop for the field support people. That's five workshops. Then number two says, provider will conduct two one -day workshops for the administration division, and the investigative division. But yet on the front page, you say this workshop. Explain that to me. ' Lt. Joseph Longueira: Sir, basically it's one process, but because of the - numbers of people involved, there has to be multiple sessions at different locations. Commissioner Dawkins: No, see... Lt. Longueira: But it's all to one end. It's the same type of thing, but because we have so many people involved, there are multiple sessions. Commissioner Dawkins: Then it's the workshops. Lt. Longueira: Yes, that would be correct. commissioner Dawkins: OK. Now, let me see here, I got... there shall be twenty to forty representatives in each workshop from all shifts and ranks including civilians. What will be the ratio between police and civilians? Lt..Longueira:._I.don't have that answer, sir, for you right now. I could get it for you.' I'd have to get it for you. It's probably... Commissioner Dawkins: No, no, no, I don't need.no probably, Joe. I need to know. Lt. Longueira: Well, the department, I can tell you, is... we have a little over a thousand officers, and we have about 500 civilians. So, somewhere... Commissioner Dawkins: You mean civilian employees? Lt. Longueira: Yes. Commissioner Dawkins: You don't mean civilian citizens. Lt. Longueira: No, civilian employees, yes, sir. Commissioner Dawkins; Well, but this is to... it says fcr police and the community effectively. And you don't think that citizena to the community should be invited? -should participate in these workshops? Lt. Longueira: We have had other workshops where they have. "'hk ,>articular workshops are... Commissioner Dawkins: Mr. Mayor, I move that they go back`and lock at this.., Lt. Longueira: OK. Commissioner Dawkins; ...and that they bring this back, and either include some civilians or explain to me, and anyone else up here who wants to hear it, why it's to their advantage - which I have no problem with - not to have any civilians, and then to tell me if they're going to come up with money to hold workshops to - for the lack of a better word - synthesize the civilian population to policing in the community. ZQ June 20, tool, s.iiir it ''"' a a,7 } t d .no- �' '# '•.Y�,,"'.ya d1 P t } Mayor Suarez: Would you like to do it by tabling of the motion for later t consideration? Commissioner Dawkins! Yes, sir. OK, Joe, bring it back after lunch. Tell me what we're doing. OK, thank you. Mayor Suarez: All right. So tabled. The item is tabled. itYrr -----wil:. T:Y.rifYiwfYL-WWlib------------------------------------i.i--r.--------- 7. AMEND PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS AND CO., INC., FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS - INCREASE CONTRACT AMOUNT BY $15,000. Mayor Suarez: CA-7 then is the other one you had a question about. Commissioner Dawkins: OK. All right, CA-7. You paid fifteen thou... we're going to add $15,000. Why? Mr. Carlos Garcia: Commissioner, we had a contract with $25,000 that has been depleted. The reason is that we have had heavy negotiations with the pension boards to try to come up with a resolution to then fund liabilities of those funds. Every time we get a set of numbers from them, we have to turn around and give those numbers to our actuary to verify them and MAKE sure that they are right. We're talking about very large set of numbers here. And so far, we have used all $25,000 that we had allocated to this contract, and we need to continue negotiating with the pension boards to really save millions of dollars to the City. ! Commissioner Dawkins: OK, will the $15,000 complete it, or will you be coming back in another 90-days telling me we have spent that fifteen thousand,,and we need another fifteen, since it's been said up here this morning already, we don't have no money. i Mr. Garcia: Commissioner, this should complete it for this fiscal year. Yes, a hi 7 The following resolution was introduced by Commissioner Dawkins, who ! moved its adoptiont RESOLUTION NO. 91-421 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT, WITH THE FIRM OF A. FOSTER HIGGINS 8 CO., INC., FOR ' EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS BY INCREASING THE CONTRACT AMOUNT OF $15,000 WITH FUNDS THEREFOR ALLOCATED FROM THE PENSION ADMINISTRATION TRUST FUND. (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. I --------------------------------- ------------------------------------------- 8. CLAIM SETTLEMENT. GABRIEL MANCRIFF ($40,000). Mayor Suarez: I believe CA-14 then is the only other item? Mr. Jorge Fernandez: Yes. Mayor Suarez: And I don't see Mr. Gonzalez-Goenaga up here. Vice Mayor Plummer: What are we on? Mayor Suarez: CA-14 is the other one that he had asked for individual consideration of. Since he's not here, I'll entertain a motion on the item. Vice Mayor Plummer: So move. Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner:Plummer, who moved its adoption: RESOLUTION NO. 91-422 A RESOLUTIONAUTHORIZING THE: DIRECTOR OF FINANCE TO PAY'. TO: GABRIEL MANCRIFF, WITHOUT" THE 'ADMISSION OF LIABILITY, THE SUM OF' $40,000 IN FULL AND -COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDSAGAINST THE CITY OF MIAMI, IN=CIRCUIT COURT CASE NO. 90-40923 (CA 20)0 UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of, the City Clerk,) ;.. Upon being seconded by Commissioner De Yu fte, the resolution was passed 6 and adopted by the following vote: , tit tti ,, .2 AYESt Comissioner Victor Do Yurro CoMissioner Miller J. Dawkins Comi sli oner Miriam Alonso Vice Mayor J. L. PIUMArs Jr. x Mayor avier L. Suarez NOES,. None. ABSENT: None. Mayor Suarez: Mr. City Attorney* do you want to wait till a little later for item four? Mro Fernandez: Yess Mr. Mayor* if you could, please, thank you. Mayor Suarez: All right. Vice Mayor Plummer: Yes, send us a full report from Sarasota. Mayor Suarez! Leave it to J.L. Not nice, not nice. NOTE FOR THE RECORD: At this point, Agenda item 4 was tabled until the afternoon portion of this meeting. • ------------------- ----- ------ ------------------------------ ------------ 9.SECOND. READING ORDINANCE: AMEND CODE CHAP -TER 22 (GARBAGE AND TRASH) PROVIDE DEFINITION FOR: ROOMING AND BOARDING HOUSES -:PROVIDE FOR FIXED. ANNUAL:i,WASTE. FEE,, FOR ROOMING AND BOARDING HOUSES INCREASE,.WASTE.-. FEES � FOR. -CERTAIWCOMMERCIAL GARBAGE SERVICES. -------- — ---------------------------------------------------- Mayor'Suareze.:_,.-Item fiveiosecond:reading.Rooming and boarding house. Comissioner,"Alonso-.. So move.. Mayor Suarez: Moved by-Comissioner Alonso. Vice :Mayor.Plummer: Mayor: Suarez.- Seconded. Any discussion? Does- anyone wish to,,be heard',on this :item? :If not, read the ordinance, please. Call the rol'I.:please. AN­ORDINANCE-,, AN ORDINANCE AMENDING CHAPTER 229 'ENTITLED 'GARBAGE . . . . . . . . . . . AND TRASH", OF THE CODE OF THE CITY 'OF MIAMIt FLORIDA, AS,,AMENDEDi-BY PROVIDING A'DEFINITION':FOR'"ROOMINGAND BOARDING HOUSES"; FURTHER BY PROVIDING FOR A FIXED ANNUAL SUCH ROOMING AND BOARDING HOUSES; AND BY INCREASING THE, WASTE FEES FOR CERTAIN -COMMERCIAL -GARBAGE ,.SERVICES; - MORE IC4"PARTICULARLY BY, :AMENDING' SECTION 22 1, AND,— SUBSECTIONS 22 12, (f),., -and (h);'. CONTAINING.,,A REPEALER.,,,PROVISION-..'. ;AND SEVERABILITY-'CLAUSEi,-AND PROVIDING. FOR "EFFECTIVE DATE, :Passed,on its firsV reading by, title at the' meeting o, 'A' f may 4 _1991 taken up for 1 ts.: second:- andfinal reading ,:by'tithe and ad6ptiow",�r-4n,Imotion :,of Commissioner --.Alonso) Seconded by -,Commissioner Plummer, the Ordinance thereupon given its second and fin4l reading by title and passed and adopted by, thvfollow 'vvote; 3 23 One 201� 10qt r1m AYESr Commissioner Victor �e Yurre Commissioner Miller J. Dawkins - Commissioner Miriam Alonso ; Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ,s NOES: None. ABSENT: None. THE ORDINANCE WAS -DESIGNATED ORDINANCE NO. 10887. j The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 1 ---- --- ---��-------------------- -------- --------------------------------�- 10. VICE MAYOR PLUMMER INQUIRES OF CITY ATTORNEY CONCERNING ELIMINATION OF REQUIREMENT TO READ FULL TITLE OF ORDINANCES INTO PUBLIC RECORD (See label 74). ------------------------------------------------------------------------------ Vice Mayor Plummer: Mr. Mayor, let me go back and ask this question. Mr. 7 City Attorney... Mr. Jorge Fernandez: Yes, sir. Vice Mayor Plummer: ...how does the Metro Commission have ordinances, they don't have to read them, and they don't have to take a roll call vote. Mr. Fernandez: I'm just... Vice Mayor Plummer: You know, we eat up a lot of time at this Commission, especially some of these zoning ordinances... Mr. Fernandez: Yes: Vice Mayor Plummer: ...that take a'day and -a -half to read. I _ Mr. Fernandez: Well, as part of my City Attorney's report to you, I would present to you what you have been asking for a long time, what would be necessary by way of referendum to eliminate that from your Charter. The reason we do that is because you have imposed:that on yourself by Charter. _ Albeit, there is certain ordinances that must be read, because there is statutory requirement the State of Florida imposed on us and on the County, = that ordinances, certain types of ordinances, passed, must be read. Now the - reason the County doesn't read it is because the County deals with zoning = issues by way of resolutions. But I will have something 1n front of you in a few- minutes where I will explain to you the steps that we would need to take to eliminate this very cumbersome process of having to read all; the r ordinances. Vice Mayor Plummer:. Well, it's not only for our benefit..... Mr. Fernandez: Not all of them, most of them. x° t Vice Mayor -Plummer: It's not only for our benefit,:; but also for the public that have to sit here while all of these things that a lot of people aren't even here -on have to.be`read, so I can't imagine why anybody would be opposed to it. I mean, I see on cable the Mayor says items 7, S, 9, 10, A, B, Co D, and E vote, yes, unanimous. That's it and they move on to the next one. Mr. Fernandez; Yes. And to the extent that those may be resolutions, there e would be no problem with that. We intend to put you in the same posture to . the greatest extent possible by this simple... - vice Mayor Plummer: I sure hope you can find a way to cut down this time. Thank you, Mr, Mayor. A •'A,},a y 5PEGIAL REVENUE FUNDS: (a) JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (FY '91) (TO $5718OO), AND (b) JTPA TITLE III/DISLOCATED. WORKERS BEY 191) T� $145,350). arwrrrcy:r.:rrrYhii�tirrir/iYYIYY--------- rr-YLLYr.Y----(i-------- brr----fli------ ` Mayor Suarez: We have a motion and a second, I believe. 1 Vice Mayor Plummer: What was the wisecrack from the liar end? i Mayor Suarez: It was not directed at you. It was directed at... Vito Mayor Plummer: All right then, I'll move six. Mayor Suarez: Moved. Seconded by Commissioner De Yurre. I deem his laughter and merriment to be a second. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 10760, ADOPTED JULY 12, 1990, BY INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED: "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (FY'91)" IN THE AMOUNT OF $48,600, THEREBY INCREASING THE APPROPRIATION FOR SAID SPECIAL 'REVENUE FUND TO $571800; AND INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE _ FUND ENTITLED: "JTPA TITLE III/DISLOCATED WORKERS (FY'91)" IN THE AMOUNT OF $2,550, THEREBYINCREASING THE APPROPRIATION FOR SAID SPECIAL 'REVENUE' FUND TO $145,350 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 9, 1991, was taken up for its second and final reading by title and adoption. 0n motion of, Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance. was thereupon given its second and final reading by title and passed and adopted by the following voter AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES:` None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10888. The City Attorney` read, the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Dawkins: ,,.vote first everytime, but OK. a; Commissioner De Yurre: It's alphabetic. a3 x vylAft '� i tarsi ../YaY..iYiifiaii.i�i6r aYiitilWrwl.ilY...Yii.i.i�Yii.......YiY..+...➢.YWaNY.YiW...hJ. �lYa1�L':itiiFit.➢i..iL�i►Wi`+r11. iY irYiiitiWYLLi.NY�Ycrti.�lal.�r+YYi��illG ... CREASE 1i SECOND READING ORDINANCE: AMEND CODE EPARKINGN PASSES AND N GENERALWEVENT' FOR ORANGE. BOWL STADIUM RESEARUEb RVED PARKING - PROVIDE FOR APPLICATION OF THESE INCREASED RAVES FOR PARKING At MIAMI BOBBY MADURO BASEBALL STADIUM - ELIMINATE SPECIFIED PARKING RATES FOR UNIVERSITY OF MIAMI STUDENTS AT ORANGE BOWL STADIUM. iwri+.rr.,.rrrr.+rrww+wrri`r r.ar�rrrrrr..+..rrr.rrrwr Vice Mayor Plummer: I move seven. Mayor Suarez: item seven has been moved. Does anyone wish to be heard on item seven? it's the second reading. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? if not, please read the ordinance. Commissioner Dawkins: I vote yes. .1 Vice Mayor Plummer: i vote yes. AN .ORDINANCE - 'a AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING i THE CHARGES FOR ORANGE BOWL STADIUM RESERVED PARKING PASSES AND FOR GENERAL EVENT PARKING AND PROVIDING FOR THE APPLICATION OF THESE INCREASED RATES FOR PARKING AT THE MIAMI BOBBY MADURO BASEBALL STADIUM; FURTHER ' ELIMINATING SPECIFIED PARKING RATES FOR UNIVERSITY OF MIAMI STUDENTS AT THE ORANGE BOWL STADIUM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 9, 1991, was taken up for its second and final reading by title and adoption. On motion of; Commissioner Plummer, seconded by Commissioner Dawkins, the - Ordinance was thereupon givenitssecond and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE:ORDINANCE:WAS DESIGNATED ORDINANCE-N0. 10889. The City Attorneyread the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public: 25 June 20 1991 3 +.eoGi.is�iaaot.�aeYtiirr.riiW.t..WiJ6YaYtis.9iiiJmcmcir.3tti���s�a.a.wt.ytr'i�r+mWiWyi-imarisaaiaattatrt��ac��nrrir.riaiir.erii.titaetr5�iii�C+tu 13. SECOND READING ORDINANCE: AMEND CODE SECTION 2-15 - ESTABLISH FEES FOR ANNUAL REINSPECTION OF BUILDINGS AND PREMISES DEFINED AS CONVENIENCE n STORES TO COVER INCREASES IN OPERATIONAL COSTS OF ENFORCEMENT OF STATE STATUTES (Chapter 90-3461 Laws of Florida) wrYY.rr---------- Yr----i.wiDi`. i'-------------gill ---- rr--------f ----ii�i.� r Vice Mayor Plummer. Move eight. E Mayor Suarez: Item eight has been moved. Commissioner Alonso: Yes, I second. Let me ask a question, please. } Mayor Suarez: Seconded. Commissioner Alonso. Commissioner Alonso: How much was the fee before? { Mr. Jorge Fernandez: It was not. This was a brand new few because it's a new section of our Code that we have placed there as a result of a state requirement. Commissioner Alonso: OK, the wording as presented to us, it makes us believe, and I'm just asking how much it was before just to clarify that it makes us bel ieve that there was a fee before .when, in fact, we had none. Mr. Fernandez: We'll correct that. Commissioner Alonso: Thank you. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - ■ AN ORDINANCE AMENDING SECTION 245 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY ESTABLISHING FEES FOR THE ANNUAL..,,REINSPECTION; OF BUILDINGS AND PREMISES' *DEFINED AS CONVENIENCE STORES BY CHAPTER 90-346, LAWS OF FLORIDA, SAID CHARGE BEING NECESSARY TO COVER INCREASES IN OPERATIONAL COSTS OF ENFORCEMENT OF SAID STATE STATUTE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 9, 1991, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Alonso, the Ordinance'was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10890. The City Attorney read the ordinance Into the �'' Annntinrori *tiji* nnn4ne tdenn n.a� 7 �L.a.. A.— LLB public record and k IR �.rarrrrtrc�+�r+car'cw�+�s�a.�cna+i��rr�cr�on��wrr`arrrrr�r�r�r.�roncar�r�r►rr.�+rcisa�.�+vaas�c�s�r,rirrc,��r�r�srrurm�reirurr�ssrasr i 14. EXPRESS SUPPORT FOR A POST =ENUMERATION STATISTICAL i ADJUSTMENT TO to i CENSUS (US. DEPARTMENT OF COMMERCE) w.arW.ra..r.b"""Aa.fir..wauava..acir....... ft"air.r+i.ra..ri.. aii«.-----A6""s:�xr.eri aL�.rca��arr+►4w.rL.�Ya�in Mayor Suarez Assistant City Manager reminds me that they have a request, the administration, that we pass a resolution supporting a post -enumeration statistical adjustment. (lice Mayor Plummer: What? Mayor Suarez: A post -enumeration statistical adjustment. I guarantee you that I it is not an obscene act of any sort - to the 1990 census. An authorizing transmittal of the resolution to the U.S. Department of Commerce. Basically, A we are continuing to battle Department of Commerce on the counting of our citizens, and if you would move the resolution - it's been placed in front of you, I guarantee you it's non -controversial, and does not involve any expenditure. Vice Mayor Plummer: Move it. j Commissioner Dawkins: Second. i 1 Mayor Suarez: Thank you. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-423 51 "' w�ilWotYwarrrrW7Ytlaralraio��.ar aera�t�a:rYnsY�riiirr'�isiil�YrY.w.:ri��aaa+crcirrrfr.lirrroiQaasauriwiwwsa'.rarmYYrimrlYtYrirati�ls7rri+rilaris�lrY�i ", '�. '. ;: 15. DISCUSS AND DEFER PROPOSED SECOND READING ORDINANCE AMENDING CODE SECTIONS 54-47 AND 54-45 (STREETS AND SIDEWALKS AND CONSTRUCTION AND REPAIR, TO (a) CLARIFY REQUIREMENT OF RIGHT-OF-WAY DEDICATION PRIOR TO ISSUAN E OF PERMITS, AND (b) ELIMINATE THE REQUIREMENT OF COVENANT' PRIOR TO ISSUANCE OF PERMITS. -------►--ii---------- ---------- Yii---------- W ----rr- ------ Mayor Suarez: Nine is the one we are on, or ten? Commissioner Alonso: Yes, nine. Mr. Fernandez: Nine. Mayor Suarez Item nine. Commissioner Alonso: I so move. Mayor Suarez: Moved by Commissioner Alonso. Vice Mayor Plummer: Seconded, but I've got a question. It was my understanding that it would no longer be a requirement but it would be up to the director to make a determination as to whether or not it was of vital interest to the City, and I don't find that incorporated in this. Now, is i in the back up? Mr. Fernandez: Yes, you do. In the title and the ordinance.itself. Vice May Plummer: So the director of the department does have the leeway... i Mr. Fernandez: Yes. Vice Mayor Plummer: ... to in fact, require it? ` Dr. Luis Prieto: Yes, sir. Mr. Fernandez: Correct. Vice Mayor Plummer: OK. Comnissioner.De Yurre: Let me ask. There may be.some members"of the audience that... Mary, did you have a comment on this? Why don't you go ahead and put ' it on the record. Ms. Mary, Webber: Do I have to introduce myself? j Comnis.sioner-De Yurre:- Yes. Ms,:.Webber; Mary Webber, 3900 El Prado Boulevard._ I am speaking for the Coconut Grove Civic Club. I would like to request of the Commissiontoday that we. take this off the agenda, so the staff can review itas. wellas :residents.; Vice Mayor Plummer: I have no problem with that. 5 Ms.Webber; And we can come back next month with it, Vice Mayor Plummer: She wants to review it. x i- fit: Commissioner Alonso: May I ask why? Ms. Webber: Well, we are concerned about certain things within this s. Ordinance, e�pecially.along Main Highway in Coconut Grove, and 'what this Gould mean to certain things along Main Highway. And I apologize that we did -not.., this went by.ps the first time, but we would appreciate your taking it off $0 that we could book at it now, and come back next month with staff ds well, Qpmmisei�ouer.Alonso: Yes. I have no objections, but 'now, may I ask Qr. Prieto if in fact, this has any implications on what she is talking about. �j FS -� F4 '• 1 }3'7%4 t C Yrc � jN f 9- Prieto: I have no idea. Commissioner Alonso: As I see it, it has no... r R or,, Prieto: 'there is no direct bearing that I t'hirlk... I have no problems Commissioner De Yurre: Does it cover the whole City? Dr. Prieto: Beg pardon, sir? Mr. Fernandez: Yes, of course. Commissioner De Yurre: Does this cover the whole City? , Commissioner Alonso: Yes. or"Prieto, It covers the whole City, yes. p Commissioner De Yurre: So then it may, you know... I don't know if it has any t4 bearing or not, but in case it does... Commissioner Alonso: Yes. What it is, is that for years, the City of Miami and I don't know how we were brought to court,' before, has been taking land from people, in instances, as much as twenty feet, from a property, five, ten, _ and we have no plans whatsoever to do anything with that piece of land. We have affected the people, we have taken it away, we have not paid anything to the people, and we have gotten away with it. We have in fact, so many pieces of land that we have taken away from the people and have affected their properties. So we felt that this was a way to correct something that is not beneficial for the City of Miami. And of course, it's very clearly stated.in the ordinance that, if the City needs the land we will proceed with it. But if it's not, what's the point in taking it? Commissioner -De Yurre: Yes. Vice Mayor Pl ummer:' Well.. Commissioner Alonso: We have no objection, and I think they should have an opportunity to take a look and see what... if it does create any problem, then we • can -cl ari fy that section. .. , h. _ :, -. ,: -.. .• :- is !' Commissioner De Yurre:I think basically whats'it does is that it,give,more j land to the property` owners for them to use: Dr. 'Prieto: Exactly. i Comnissioner'Alonso: It does not. It gives just the land that they own. Dr. Prieto: They already own it. Commissioner Alonso We were taking it away. s Dr.-' Prieto::-": Right. This. was, aland-take.,. well, at no cost to the City,. because of course, it was proffered to be volunteered by the property owner, Commissioner Alonso: Oh yes. Very volunteered. - Dr..Prieto:,'Right.3a f` .. .. .. .. _ .fie Vice Mayor Plummets Welt... Commissioner Alonso: Either you do it, or you don't get the permit, or we don't issue anything to you. Commissioner,De Yurre: But.,(, Commissioner Alonso; Thatls very voluntary. I... 4ommis;sioner- Do- Yurre: And these things were done 45 these proporties wore tatted basically? Or. Prieto. No. "r 30 a Id . aJ M_L cw Yi. Commissioner Alonso: No. Or. Prieto: It was done when the property cache up for a permit, a building permi t. So in order for the permit to be proffered, the Public Works was demanding some right-of-way. Commissioner De Yurre: And how many years has this, you know, this been done? Dr. Prieto: This was implemented back in 1986. Since 1$5 to now, we estimate we have taken about thirty million dollars ($30,000,000) worth of land. Vice Mayor Plummer: Yes, but see, the reason I am going to vote for this ordinance is because the provision is that the department director still has the right to make that requirement. Let me give you one good example. We have been successful in acquiring the right-of-way on 27th Avenue, from Bayshore to Dixie. It was estimated that if we did not require that, that the taking of that land for hopefully that the day that that street will be widened, that in fact, the estimated cost I heard at one time could be as high as two million dollars ($2,000,000) added to the cost of the widening of that street, which as we know, would further delay Metropolitan Dade County because they don't have the money to do the street, they're sure not going to have the money to do the acquisition of the land. So I have no objection in cases where we will never have any use for the land. Commissioner Alonso: That is the point. Vice Mayor Plummer: But in the latitude of having the department director make that decision, I will vote for the ordinance. I don't think we need just to stockpile land for no reason whatsoever. Commissioner De Yurre:_ But are we saying... and I guess, you know, we are going.to defer this any way, but I just want to understand this concept. Are we.,saying, let's give it back to the people, if'we pass this, and then we can come back and get it? What if in the interim they build something there, or they use it to some degree where then the taking may.not be possible? That... you know, those are the questions that we need to... Vice Mayor Plummer: Well those are the cases... we had some of those on Bayshore Drive, Vic, in which CTA Towers was the classic example. Bayshore Drive is a hundred foot dedicated right-of-way. CTA Towers is the only one who did not give that dedication freely to the City. So what it has been said is, is the day ever comes that in fact that they will be wanting to widen that, I can't imagine, but there might come that day, then you would have to go to court or have to reach a settlement with them as to paying them what they think it's worth, and of course, as you know, property owners "sometimes think their property is worth a hell of a lot more than it is Commissioner De Yurre: Yes. So that's something to be considered. Well, you know, I'll move to defer this until... to the next month',s meeting. Vice Mayor Plummer: .I have no problem with that.'at all. Mayor Suarez:` So 'moved. Seconded. I'11' deem that, I have no problem statement to be.a second. Any discussion? If not, please call the rol.i. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE MAYOR PLUMMER THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION MEETING ON JULY 11 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. fi---------- -iii--YY----rrri.------- r----- -Yir Y.w Y..u---------aW�`/I1Y �14 166 (A) AN EMERGENCY 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 - AMEND SECTION 39-18.1 AND ADD 39-18.2 CONDITIONALLY PROHIBITING GENERAL, OPEN FLAME USE CITYWIDE BY VENDORS - SUBJECT TO 90-DAY REVIEW. (B) VICE MAYOR PLUMMER REQUESTS ADMINISTRATION TO DRAFT EMERGENCY ORDINANCE TO BE DISCUSSED IN AFTERNOON SESSION TO CONSIDER POSSIBLE ADDITION OF TWO MORE SPOTS IN MIAMI ARENA VENDING DISTRICT FOR SOUVENIR VENDORS. (Note: This issue was not brought back.) ---r-------------------------------------------------rrr---------------------- Mayor Suarez: Item ten. Commissioner De Yurre: The famous Miami Arena street vendor district. Mr. Mayor, myself, as well as Commissioner Alonso have been... Mayor Suarez: I guess the fact that there is not tons of people here, if I may interrupt you, indicates that maybe something is... or some sort of agreement has been reached. Commissioner Alonso: They are satisfied. Mayor Suarez: Wowl Commissioner De ,Yurre: Yes, I think so. I passed a memo to all of you, I guess, a week or two ago, explaining an agreement that has been obtained with all the parties involved pretty much the Miami Arena administration, the Sports Authority, the vendors particularly, and the way the layout is as you have it in your packet, of twelve spaces next to each other, you know, running along the grassy area, not on the street side, but on toward the grassy area, twelve spaces right next to each other. Mr. Prieto will explain what they will look like. That concept has been agreed to and approved by all the parties involved, and Mr. Prieto, if you can just explain what you know, what it is going to look like. Mr. Luis Prieto: I was waiting for a transparency and apologize, I don't have it yet. Basically what it is, the right-of-way, the sidewalk right there, `is almost fifty feet wide - forty-eight in fact. So what we have done is put.the carts right against the edge of the sidewalk, not on the street side but on the property side. And by placing it perpendicular, we are able to fit twelve spaces - leaves a clear area of forty-two feet for the pedestrians coming down from Metrorail and the parking lots to move into the arena. If they do not want to patronize these vendors, they will not be inconvenienced.,_ On the other hand, they can certainly patronize the vendors and queue without actually affecting the flow into the arena. They are very satisfied with this arrangement. Basically, there are fourteen of them, so twelve spaces gives them all an opportunity to rotate and earn a living at the site. Commissioner Dawkins: How do you determine how they rotate? Or who determines how they rotate, or what's the procedure for determining how they, rotate? Vice Mayor Plummer: That's the problem. Mr. Prieto: They have arranged that among themselves, and what we are proceeding... 4 Commissioner Dawkins; All right. Well what did they arrange? Mr. Prieto: They arranged that somebody gets number one, two, three, and -so. on, and the last two, thirteen and fourteen, for that week will not work there Subsequent week, who was number one becomes number two, who was number> fourteen becomes number one, and so on, x s COMissloner Dawkins: And number doesn't work there? Mrs Prietot One becomes two. He would work. So it's only number thirteen and fourteen doesn't work. Vice Mayor Plummer: Yes, but that's fine as... Commissioner Dawkins: You see, now that won't work. Go ahead J.L. won't work. Vice Mayor Plummer: That's fine as long as you Now what happens if you have twenty-six vendors? Mr. Prieto That's not the situation there now. That only have thirteen vendors. Let me say this however.` Vice Mayor Plummer: Yes. But what happens if we had... Commissioner De Yurre: You know, J.L., downtown'for example, and this, i have learned this as we have gone along this process, downtown is a district that literally what you are saying could happen there; and yet everybody respect the vendors respect each other's spots. Commissioner Alonso: Yes, they do. Mr. Prieto: Yes. Commissioner De Yurre: You don't have people going from the arena to downtown and moving in on somebody else's spot. And somehow, you know, it works. Mr. Prieto: Right. Vice Mayor Plummer:` Well Victor, at this point, let me tell you something. I am willing to try anything that will work, and we will try it for a trial period. But.let me: tell you also, when you've got people at the Orange Bowl, and they,drag a barbecue pit from their house over, and yes, they've 'got an occupational license, and they set up their barbecue pit in front of the Orange Bowl fence, and at one time, Max Cruz c'an attest to the fact that we counted over four hundred vendors at the Orange Bowl. I just seriously, question... you've got twelve spots? Mr. Prieto: Twelve spots. Commissioner Alonso: Yes. Vice Mayor Plummer: The war will begin when number thirteen is denied. OK? I think that there ought.to be some kind of a.. there has got to be some kind of an issuance... Mr. Prieto: Yes. v Vice Mayor Plummer: ... to keep these people from fighting among themselves, and without it,,I am scared. But let's try it and see what happens. Commissioner De Yurre: OK. .I move that we adopt this proposal, and... Mayor Suarez: So moved.; You've got to try soothing... Vice Mayor Plummer:Well could I ask Victor, that we do it on a trial basis ' of six months and then come back here and see how it's working? ` Commissioner Ce, Yurre: That's fine. For a... you know, bring it back' to review. Commissioner Alonso: It seems that they are pleased and they have found- 6;,wj t that they can function, We-pidn't have that many working, at that locetion, t because they know it's dust the time by which the <people,comne in end.leAxe So . don'ti. Anticipate more 'problems after this number has been set: Also 41 i, to bring,,. end I, will second Commissioner De Yurre's motion, but'i'1 iike tp bring something to this Commission. I am very disturbed by the fact that'tha. PoliaD Department, it's waeting, wasting asI described, so Muc#t timb.in following vendors that are earning their 1ivi.pg in a der -got and: ld0al kr.. we issue to them a license, and then we don't ,want them to function ilf t a, ^s June 20, t City of Miami. I find that this is very disturbing. Either we don't issd s the permits. And if we do, we have to allow them to earn their living. And it has become a serious problem, it has become a problem in Dade County, and bl m s with the it is something that will have to be addressed. I have no pre o vendors as long as they are doing something that is legal, earning a living and not creating serious problems in the community. We are living through difficult times, and I don't think it should be the priority of the Police Department following the vendors. I think we should follow and prevent crime, that is very high by the way - respond on time to the police calls for emergency. We should respond as fast as possible, and not twenty-nine minutes as in some occasions I have been witnessed to, and I think that should be the priority of the Police Department. And the vendors are being a serious problem and I think, to me, it is a waste of the time, valuable time of the Police Department. And maybe one thing, that not today because we are very busy, but on some other occasion, we will have to address in a formal way. Commissioner De Yurre: OK. Mayor Suarez: Very good. OK, we have a motion and a second. You came in at a very timely moment. Vice Mayor Plummer: Just for the record, Mr. Mayor. Mayor Suarez: Yes, Vice Mayor Plummer. Vice Mayor Plummer: I withdraw my six month review because the ordinance contains a three month review, so I... Mayor Suarez: OK. You spoke too soon. All right, call the roll on the item. Mr. Jorge Fernandez: Yes. Incorporating Commission De Yurre's memorandum into this ordinance to show the new positions and the like, on second and final reading AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Commissioner Dawkins: All right, before you call the roll. Mayor Suarez: -Commissioner Dawkins. Commissioner Dawkins: Does that include the procedure to stop this if it doesn't work before the two months' review? - Mr. Fernandez: No, it does not. Mayor Suarez: We would have to amend it? - the ordinance, or repeal it? Vice Mayor Plummer: Or rescind it. Mayor Suarez: Rescind it. i Mr. Fernandez: Yes. At that point in time. Commissioner Dawkins: OK. But you could rescind it if you found out it wasn't working before the two months' review? Mr. Fernandez: Any ordinance you pass, sir, is rescindable. Vice Mayor Plummer: Three votes? Father, Son, and the Holy Ghost. Commissioner Dawkins: OK. I am going to vote with the motion, but I still aim i not happy with the rotation part of it. I don't understand how out of sixty vendors, you decide what fourteen is going up there, and I don't care what you say to me, unless you prove to me that they, among themselves, have agreed how the sixty people will rotate, not the chosen few that you have down here, I have A problem with it. Mr. Fernandez: Yes, Mr. Mayer, also a point of inforaton. You know second and final reading means that this ordinance will take thirty days befor it 34 Julie 20s toot 'i d - becomes in efiGeto If you want it to have immediate effe'ets you Wi`11 need than to consider this an emergency measure and have two roll calls on it. Commissioner Dawkins: OK. I'll like to make it... Vice Mayor Plummer: I think you'd be hard justified as an emergency to justify this. Commissioner Dawkins: Beg pardon? Vice Mayor Plummer: I think you're hard pressed to justify hot dogs as an emergency. Commissioner Alonso: I have the impression that it is in place. Commissioner Dawkins: Well since we are talking about hardship, what about...? f Mayor Suarez: That would make it an emergency, to concord with actual conduct that we pass an ordinance that says what is alydady happening is legal. - Commissioner Alonso I want you to know that it is in effect. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: What about the inflatable toys that that guy sells out there --one guy sold. He can't sell those anymore? Commissioner De Yurre: All that's out. y Mr. Prieto: No, just food, sir. Commissioner Dawkins: `Beg pardon? Mr Prieto: Just food. Commissioner Dawkins: But at the end of the two months, if we decided that they:could put it, they could go back? a j Mr. Prieto: You can come up with a rectification... Commissioner Dawkins: No. When you review this, I want to know what I can review. Mr. 'Fernandez: You -can review everything, sir. At the 'end of the three month period when the review.'.. Commissioner Dawkins: All right. You see, because I don't see... I can understand flowers, but the guy who was sitting out there selling blown up footballs, basketballs°, and other inflatable goods, I don't see why that individual was. and that was the only one that was eliminated. i 'don't see... but there again,.the department decided that. Mr. Prieto: Right. Well right now, we are restricted to food only. No t- shirts, no.. nothing else -but food. F 3) Commissioner Dawkins: I said I was only interested in the guy selling., inflatable toys -:and I happened to be concerned because he was one of'thejonly y black vendors out there.` Now if you want me to put it in the record, I have r � no problems with it. OK? The only black guy that was selling out there Independently, was smiling inflatable toys, and now he has been eliminated: t' OK? Commissioner Alonso: Why can't we include him? S:a Commissioner Dawkins: Weil you see... is Vice Mayor Plummer: 'That's the Roundmain? Commissioner Dawkins; .. you and I understand, and we are, for helping the peel but that's whet 'we pay them -for. They ��should have boon: able tQ come n here and toll us, this guy is the only one, I shouldn't have the whole 35 June 20119g1 r : , s, __ F'# i- f � Y "i .h F�K :L f F 3� yr'^J 3 WD M''91•.il�'�� _ i a= corrr�rrtunity angry with se because I are speaking up for one black individual., i mean,.I gust Shouldn't have to do _that. Vice Mayor Plummer! Here goes fifteen. Mayor -Suarez: There was discussion of the kinds of items that we wanted sole there, and I guess the effort was to limit it to food, not the kind of food that required cooking, but why not these inflatable balloons? Is there...? Commissioner Alonso: I always said, I was the one who said, why not to keep, I like to have flags and toys like that, things,that relate to the game. Mayor Suarez: Was there... Commissioner Alonso: I even said, I liked flowers. Mayor Suarez: ... policy reason, ennunciated, or pragmatic reason? Commissioner De Yurre: Well basically, the issue was that you know, these individuals were providing a service, which is the food, and you can get a quick hot dog for a buck fifty, or whatever, and you move on. The t-shirts you know, the t-shirt stand was a bigger operation I think size wise, than any of these carts that are there. I mean, like they would set up and they would have all kinds of stuff there that they would be selling. As far as... I know there is some guy that sells peanuts I think... Vice Mayor Plummer: Curly head. 1° '2� - G',^r f�_P TS'ir t t i t. t e 'kJ`'F�•v sP�aJ ,y"!W�� _ iY Mr,'Pernandev We can add the category of souvenirs. a Vice Mayor Plumrners That's what IWas about to say. Mayor Suarez: The category, Mr. City Attorney, the category in a way that... Vice Mayor Plummer: Add two spots for souvenir selling. Mayor Suarez ... justifies and expresses, and enunciates a rational reason for including this, in addition to food. Mr. Fernandez: To share in the twelve already existing spaces? Mayor Suarez: Yes. We are not adding any more spaces. Mr. Fernandez: So then it must be made clear that the food vendors would no longer then have twelve available spaces, they would then need to share them with any other souvenir vendors who would also then come in and join. Commissioner Dawkins: We did not say any other. Mayor Suarez: Thi s. category, if it can be defined. If it cannot be defined after... Commissioner Dawkins: Then we have to forget about it. Mayor Suarez: ... right. Then you'd let us know, please. Take a little time to ponder it and let us know, and table the item in the meantime. It's the best that we can do. We've got other items to handle. Mr. Fernandez: Is your vote now to defer this whole item? Mayor Suarez: I thought I just saidtable the item to see if the City... Mr. Fernandez: Table the item? Commissioner Alonso: Yes, that might be a good idea. And if not, maybe we can say eleven is for food, and one is for the rest of the... Vice Mayor Plummer: Souvenirs. Commissioner Alonso: ... souvenirs.But they rotate. Mayor. Suarez: We allocate it that way, does the City``Attorney think, or that you need a little time to`think `about that? :. Commissioner Alonso: And that's fine. And then we don't 'create`a problem:` Mr....;Fernandez: Well I'll tell you what Commissioners, this is from our drafting perspective, such a'major change and it introduces a new component, that. we are going to have to. do. more than just the time allowed that.you are giving us, if you table it this afternoon to... Commissioper A onsos Why don't...? -. Mayor` Suarez: I'm getting signals that the Commission wants to vote on its WeAy change it if an individual cannot find another place. Commissioner De Yurre: OK. r; Mr. Fernandez:.: Correct. Within three months. ' !f Commissioner Alonso OK, . Mayor Suarez: Any,...? r; Vice May Plummer: Well, Mr. Mayor. tonnission`pr Alonso; Or we can table and after lunch... L 111oe Mayor Plunmerz hens vote on whot we've got in front of us* All right? � 37 June 200 1 r ti SUiL S Cortri:issioner Alonso: OK. Commissioner Dawkins: And come back and make arrangements with what we have to do. Vice Mayor plumer: And then he can come back this afternoon with an 1 emergency ordinance for two more spots for souvenirs. All right, let's do what we've got tot.. Commissioner Alonsote I like that. Mayor Suarez: All right. We have a motion and a second. The ordinance has been read. We are not modifying it at this point, so we can just go ahead and call the roll. Mr. Fernandez: And then, is it passing as a regular second reading, or have you decided to...? Commissioner Dawkins: Whatever you advise us to do. ;1 Mr. Fernandez: Well because of the public health and safety that's involved with the issue of vendors, not because selling hot dogs in itself is an emergency, but rather, the configuration of the carts and the whole situation out. there. I think that articulating an emergency is not at all that difficult to the contrary... Commissioner Dawkins: So you suggest that we move it as an emergency. That's your recommendation? Mr. Fernandez: Yes, it is. Commissioner Alonso: OK. Commissioner Dawkins: Thank you, sir. Mayor Suarez:.:Very good: And with those reasons stated, they make sense. Vice Mayor Plummer: Make sense to who? Commissioner De Yurre: OK. 'Let me ask, Dr. Prieto, can... Mayor Suarez: Nothing like,adjusting the law to fit the facts. All right. Commissioner De Yurre: Have you envisioned adding a thirteenth and a fourteenth spot?- Can they fit right on down the line? Mrs.Prieto: We cannot, sir. Because there is a railroad signal that comes down. Commissioner De Yurre: How close? Mr: Prieto:: It's right next to cart number twelve right now. Commissioner Dawkins: Hey, wait a minute. If you're going to pass this and let's: wore -on that this afternoon, I am going to, pass it. If not, I am going to vote to defer the.whole thing. ' t Commissioner Alonso: Yes. Commissioner, De Yurre: OK. Mr.;Prieto. OK.11 } Commissioner Do Yurre; Call the roil, call the roil. r Commissioner Dawkins; :Now if you all want to pass this and cane back and help me work it out this afternoon, you've got it. ` Commissioner Alonso; Two, right here. Mayor Suarez; You've got i t. OK. Call the roll please. - - r ' K -'� Y ���'"'t�9�-''` 4k' "!'zv �: + - $ ^� x,_ �8. s �• � 'b k „ z. � �+ mM`v"�ra� �` AN ORDINANCE ENTITLED - AN EMERGENCY 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 DISTRICT": PROVIDING FOR HOURS OF OPERATION, MERCHANDISE TO BE SOLD, ESTABLISHMENT OF VENDING ZONES, AND LIMITATIONS; FURTHER, AMENDING SECTION 39- 18.1 OPEN FLAME COOKING PROVISIONS AND ADDING A NEW SECTION 39-18.2 CONDITIONALLY PROHIBITING GENERAL OPEN FLAME USE CITYWIDE BY VENDORS; SUBJECT TO 90 DAY REVIEW; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following 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. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Alonso, adopted said ordinance 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. i SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10891. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE BEFORE SECOND ROLL CALL: Mr. Fernandez: Second roll call, Madam City Clerk. Mayor Suarez: One more time. Hopefully, you won't change your mind from - first to second. Vice Mayor Plummer: Mustard and relish. 7" 40. Rya RIP"MR 17# FIRST READING ORDINANCE: AMEND CODE SECTION 53-136 ESTABLISH SPECIAL CHARGES FOR USE OF ORANGE BOWL MEMORIAL STADIUM AND MIAMI BOBBY MADURO STADIUM PARKING LOTS FOR REGULARLY SCHEDULED EVENTS. -------------- ----------- Mayor Suarez: Item 11. Mr. Fernandez: You know which one? Commissioner Alonso: Yes. Commissioner Dawkins: Move it. Mayor Suarez: Moved. Anyone wish to be heard on this item? Let the record reflect that no one stepped forward. Vice Mayor Plummer seconds it on his way out. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF_ THECITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE ORANGE BOWL MEMORIAL STADIUM AND THE MIAMI BOBBY MADURO STADIUM PARKING LOTS FOR EVENTS -HELD THEREON; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Wasintroducedby Commissioner, Dawkins and seconded .by Vi ce Mayor Plummer 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 Mayor Xavier L. Suarez NOESt None. ABSENT: *Vice Mayor J.L. Plummer. *NOTE FOR THE RECORD: -Although absent during roll. call, Vice. -.Mayor P'l.ummer later requested of the Clerk to show him voting yes on the motion. The City, Attorney read the ordinance into:, the -public record announced,that,,copies were available to.the,members : of the .City,,..,Commission,and to the public. Cx � f.Y.Yiiii•iY...Yf.ii�l6LiV Yi.ii'i74Y YxiWi �m11i1s W �11./Y�.G�.Y7i.l.iiaaii'�1YlY/Yl.. iIA..�'Yil.i..Q.i1aoYYY�Y�atia.ilii7G�iiLiiiia•+Y.fi..lY►ii.�1Y'YiYi�� 18. FIRST READING ORDINANCE: AMEND 10782 - INCREASE APPROPRIATIONS FOR PROJECT: RENOVATION OF FIRE STATIONS AND OLD DRILL TOWER (project 513018 = $5709300). ...i.aw jai it ilLY4�Ytli. rrr-a. a.r..7Y o+—ai— ---Yi------—"w-------L--it--aaiWvarr.ar iYYlGi.ar MYW Y WfY i� Mayor Suarez: Item 12. Capital improvements Appropriation Ordinance = a fire apparatus. The union obviously... Commissioner Dawkins: Somebody come to the mike. Mayor Suarez: ..* supports it, otherwise, there would be some rhubarb in the back. Administration supports it, Chief? Commissioner Dawkins: Somebody come to the mike anybody. Mayor Suarez: Commissioner Dawkins wants to inquire. Commissioner Dawkins: Mr. Manager, through you to the Fire Chief. This says... entitle, fire apparatus replacement. OK? And I see where we're going to take a half of a million dollars from the project to renovate fire houses. What apparatus are you planning not to purchase? Chief Colonel Duke C.H. Duke, fire chief.. Mayor, Commissioners, this particular item is one that is designed to give us the funds that we need to put the dual gender fire stations in, to do major renovations on our existing fire stations. The impetus of the Commission, at the direction of the Commission, we have been purchasing new apparatus as opposed to being refurbishing, and we feel at this time that this is the best way for us to expend the bond dollars to give us the biggest bank for the buck for the remainder of the bond program. Commissioner Dawkins: What fire apparatus that isn't... that you had planned to purchase with a half a million dollars, that we are not going to purchase? Chief Duke.: There is none at this time, sir, that were identified that we would be eliminating. Commissioner Dawkins: So... all right. Are there any that are identified that may be in the 'next two years? Chief Duke.: If the question is, will we be needing new apparatus down the road, the answer is yes, sir, definitely. Commissioner Dawkins: OK. Now, with the budget crunch and the money we`don't have, where will the money come from to purchase the new equipment that we might need down the road? Chief Duke.: We will be coming to the Commission asking for and to the City Manager, with another bond initiative at some point in time. We will continue = to"expend the dollars that we have in the bond program until it's completely gone at this particular time. But in the last ten years, we have completely redone the majority of our fleet, and at this time, the need'for fire station number 12, and the need for redoing the existing fire station 'so that we have the bathroom facilities for males and females is our more pressing problem at this particular instance in history. Commissioner Dawkins: OK. When the Fire Department came to see me, the explanation given to me was that they wanted to enlarge station 12, in order to store excess, for the lack of a better- word, apparatus. Is that a correct statement? Chief Duke.: Yes, sir. Commissioner Dawkins: All right. I informed you that I would not give up that much of Hadley Park for a fire station. Chief Duke. Correct. 41 June 2Q, toot' .. r5 ti � v F4 y� x T1 Commissioner Dawkins: gut nobody went any place else. Now, all of a sudden, you don't need no place to store this equipment since you can't out it at a Wadley Park. Now why didn't we go and find another station to enlarge in which to store this excess apparatus? Chief Duke.: The majority of our stations at this time, sir, has the additional spares that we have. What we try to do is, the better equipment that we have the fi re trucks that we use for spares, we try to keep them as available as possible. We stack them in the fire stations and the thrust for utilizing station 12's property, was that there is large space there. And most of our fire stations are completely... they consume most of the square footage of our lots. Commissioner Dawkins: The fire station on 36th Street and 7th Avenue, you utilize all that space that runs north from the station? All of that space is utilized? i Chief Duke.: For the most part, it is. Yes, sir. i Commissioner Dawkins: See, you're mixing apples. and oranges - most. There is a difference between most and all. Chief Duke.: Well that particular station that you are talking about, we use that, the old drill tower there... Commissioner Dawkins: Is all of it utilized, period? Chief Duke.: Yes. Commissioner Dawkins: OK. So therefore, you could not in any way, enlarge that station to store this excess apparatus, that I am sure you either needed it, or have it on hand. Co. Duke: Not without doing,away with some of the programs that are working out of that station, like the senior citizens. Commissioner Dawkins: All right. What other programs are working our of there. Chief Duke.: Senior citizens program. Commissioner Dawkins: Beg pardon? Co. Duke: The senior citizens program that deals with public education. Commissioner Dawkins: All right, the senior citizen program could not be moved to this fire station that we've got over here in the Grove, or whatever? Mayor Suarez: Fire College. Commissioner Dawkins: Yes, Fire College. It could not be moved there? Chief Duke.: Most of the... Commissioner Dawkins: Could it not be moved there? - the program, sir. 'I mean' if we had to, if we had no other place to `put it. It could not be moved there? Chief Duke: Commissioner, if there was no other place to put it, certainly,' we could do that. Commissioner Dawkins: All right. So therefore, in the event that you wanted to enlargeythst station in order to put'the excess apparatus, you could very easily move the senior citizens some place else, Chief puke.: If we would... Commissioner Dawkins: See, all I am saying, sir, is that I don't understand now it's urgent to come in my neighborhood, accrossthe streets from me and enlarge'a fire station to put quote unquote, excess apparatus, and when t`turfn it',down, it's no longer urgent. You can't go. in no other neighborhood and tell nobody else, it's urgent, I've got to have it because you don't haven 42 June 20, 1991 though spate. When on top of it, you come back and take the money, 2 don't know whether it's the money that you were going to.,. what you were going to do with it , you're not going to purchase the apparatus anymore. You're going to take the money now to do something else. Chief Duke.: Commissioner, the urgency with that particular addition, was that we had the opportunity to build in additional storage space while construction was going on, and save the citizens a great deal of money, rather than build, say out of station 6, we would have to build an independent building to provide that same kind of storage. What we intend to do, is build a State of the art fire station directly across from you there, and had we the opportunity to make a larger station at that time, that's what we were trying to achieve. It's as simple as that. Commissioner Dawkins: OK. Well I will not vote, I mean I only have one vote up here, to take money that's in a reserve, to purchase apparatus that we are going to need within the next two or three years, and take it out on the strength of attempting to encourage voters to pass the bond issue at the time when you need it. I would rather, and I would... and my vote says, leave the money in the fund until it's needed, and try to pass a bond issue to make the repairs. Chief Duke.: One last statement, Commissioner. The summer is upon us, we have major air-conditioning installations that need to be made at two of our existing stations and these funds would be used for that. And I would plead with you that this would give us the opportunity to put fire station number one's air-conditioning back in a reasonable, acceptable level, fire station seven's air-conditioning at a reasonable level, and to provide those dual gender bathrooms that this body has asked us to do and demanded that we do, and we have to have the funds for it, and this is the best way to do that. Commissioner Dawkins: All right. One final question. I'm sorry, sir. One final question from you. During last year, when this Commission asked the Fire Department to present us a budget with your needs, did you budget in the Fire Department's budget the repairs that you need urgently for the repairs to the air-conditioning? Chief Dukes Not for these particular items, sir. No. Commissioner Dawkins: OK. Then if these particular items were needed, either you or the Manager failed to do your duty. Chief Duke.: Commissioner, I stand... let me correct myself. They were budgeted in the CIP Capital Improvement Projects ;( p ) program, not in the General i` Fund. ' Commissioner Dawkins: All right. Well, why aren't you going to do them out i the PIP. 3 Chief Duke.: That's what this is, yes, sir. This is it. i Commissioner Dawkins: Well you are you taking the apparatus money to do it if you budgeted the money to make the repairs? Chief Duke.: Each year we have to design, or we have to direct how we are going to expend those CIP funds. As things change, as the station's age ,and as the needs come up, this gives ,us the opportunity, this forum gives us the f opportunity to do that, and that's why we are here with this item today. it° +1 Commissioner Dawkins: Butt Chief... Mayor Suarez: It would make more sense to do it in... not in the middle of } the fiscal year, but to do it around the budget time, and around the time of approval of the the Capital Improvement budget, as opposed to.mid-year like this. it's a big ticket Item and you are switching it from what we understood { to be for apparatus to structural improvement. Of course, in the the case of ' sir -conditioning, nobody is going to quarrel with that, but,,.. ;4 Commissioner Dawkins: It should have been... it was budgeted. I mean, if you { knew these air -conditionings needed repairing, Mr.,. and Chief, I understand, f and you know I understand what happened. OK? But I am not going to sit herb' and take the responsibility for it. You budgeted it you asked for it, and tt. r lid t„ 43 Jun* 2p �9 51 the Manager told you to take it to hell out of the budget, You know that, and i i know it, 5o therefore, now, the 'Manager sends you up here to me, for Me to beat'you over the head for when he didn't budget for it, OK? Chief Duke.: Commissioner, in all fairness to everyone concerned, you know, the items are budgeted in the C'Ip and the CIp gives us the ability to look at them, Commissioner Dawkins: Then why.., all right, then why are you taking my half a million dollars? Chief Duke.: Because these issues that have come up are in need of our work at`this `particular time, and even with the allocation of funds now, when the fire station's roofs are deteriorating, it will still take a long time to get it done. Commissioner Dawkins: OK. I'll ask you one question, and I will be through. What stations do you want to repair the air-conditioning on? Chief Duke.: One and seven. Mayor Suarez: One and seven, he said Commissioner Dawkins: One and seven. OK. One and seven... all right, we passed the budget in September. The air-conditioning on one and seven only went out since:the budget came in? Chief Duke.: The air-conditioning in fire station number one deteriorated probably about three months ago to the point where it couldn't be repaired anymore. Commissioner Dawkins: This is what I am talking about - apparatus. We are j going to get to that place without apparatus, where it can't be replaced anymore.' Chief Duke.: Commissioner, there is no doubt about that. Commissioner Dawkins: OK. I just can't vote for this, but go ahead, Mr. s Mayor. ►; Mayor Suarez: OK. I've. got a couple of questions. As the reasoning for 1' -this, at least in part, you gave the dual 'gender bathrooms, you know h'ow I feel about that - I feel that you could do that by specifying that one of the existing' bathroom facilities in each of the stations would be used by women exclusively... Chief Duke.: We've already done that, yes.. Mayor Suarez: ... either all the time, or part of the time, and I .wish' we H didn't have to... that item is over a hundred thousand dollars ($100,000) isn't it? :. # Chief Duke.: Yes, sir. Mayor Suarez: Yes. ! Chief Duke.: 'It's''a great deal of money. We have already spent in excess of two ;hundred and fifty thousand ($250,000) at this point, and probably will ' need to spend at'least that much more. Mayor Suarez: i thought "you could have done it for the cost of'`a'1 ittle` s)on to:be put"on the bathroom. I'don',t understand why we are doing fit thin way t ' all.: �r Chief Duke.: Mayor: it gets more, much more complicated than that. With the... t, Suarez:. obviously, you think it is. I don't. Chief, the bond reserve moet,we have for... that is being used for this is what amount?, What is'Ake ' `total'? . J, Chief Ma.: These individual projects that I am sneaking to you? 44 tuna 2oi 199 5 e H: a7 §a Mayor Suarez: What is the total amount of the,'bond issue that we are usingi and hoer much -is left of it? Chief Duke,.,.- We have three million dollars ($3,000,000) with the bonds left to be sold and that will come up on the agenda later today, under item thirty. Mayor Suarez: OK. And after that, you would need more authorization for general obligation issuance? Chief Duke.: That's correct. Mayor Suarez: When were the bonds issued, and what total amount? I just want to see some time... Chief Duke.: A total of thirty-one million dollars ($31,000,000) dating back to 1976. Mayor Suarez: Seventy-six. As the Commissioner,�in... in 181 some? Chief Duke.: Seven -six, ten million, twenty-one million, and eighty-one. Mayor Suarez: As the Commissioner indicated, pretty soon we will be going to the voters, expecting their approval of bonds for a variety of purposes. My preference, to tell you the truth, is affordable housing. I understand that we... thank you, Vic... we also need to maintain our equipment up to date, but t,concerns me that you are down to three million dollars ($3,000,000) and.I know pretty soon you are going to be wanting it for equipment, as Commissioner Dawkins indicated, and not for structures. Chief Duke.: Mayor, there is no doubt about that. We are going to be needing apparatus. Mayor Suarez: Station 12 now, is that the one on Flagler? Commissioner. -Dawkins: No, that's the one behind:the park, Hadley Park. < Mayor.Suarez:.-OK. , Vice Mayor Plummer: That's next Miller's house. {� Mayor Suarez: And what is the exact thing that -you are doing -with Station'12. Chief Duke.: We are going to... Commissioner:Dawkins: That's where I get a free blood pressure test. Mayor Suarez: Give him a blood pressure before a Commission meeting, and then one after a Commission meeting, that will.be the great. °test -of 'human endurance. oStationri2iis-,thenlast- waseto.redo: several ofuourfiresstations. onemthat6we F will be -able to do in this bond initiative: The station -'is, in -.total disarepair. We've got twounitsrolling out of there, they do' a tremendous amount of work. The storage in the station is; inadequate. The bunker gear rk,A room is not: adequate. i Chief W.C. Huddle.ston: Infectious disease. 5 ( Chief Duke.: Yes;- with all of the problems that we have now, ,with :the r infectious diseases and so forth, the station is not. capable of maintaining } the level of service that we need to roll out of there. So we are. going to totally demolish and rebuild that fire station. brand new. in a modular7 farm..:. u._ z. Mayor Suarez: It says here, "in the amount of four hundred -and fifty-four thousand four Hundred, a projeot entitled new fire station number 12," Is that not part of item twelve? Commissioner Alonso: Yes. Chief W.C. Huddleston: Yes, taking,115 away from that project because we have an excess of 115,000 over the one point three that we need as well that other project, moving into our... Mayor Suarez: Is there any part of item twelve that you are asking us to vote favorably on that has to do with the rebuilding, or refurbishing of fire station 12? I want as simple an answer as you can possible give me to that fairly simple question. Chief Duke: Only... Mayor, only from the aspect that we are taking dollars that were originally put into the station 12 project, and moving them now at this point, after information from Public Works, that the project can be built for the lesser amount. Mayor Suarez: All righty. Chief 'Huddleston And if we don't, then it becomes the station renovation project. If we don't build a new station, we got to get the money for the station. Mayor Suarez: Can't say I understand it fully. Can't say all the answers to the que.stions.the Commissioner... see, what we are concerned about is that at some point, you won't have the money for equipment. And the stations look reasonably in good shape. You seem to have enough of them. You have a totally under -used fire college. Let me just 'put that on the record. You have a totally under -used fire college. If you figure out a way to use that. facility for something other than giving people tours of old fire engines, et' cetera, I would really, really; really appreciate it. I 'think that the citizens are entitled to having more use of that facility. But you know, if you recommend this, I can't see interposing my opinion. Vice'Mayor Plummer: Mr. Mayor, I would hope, and I.respect your opinion, but I can't agree with the statement that said, it is totally a hundred percent unused. Mayor Suarez: No, 'I didn't mean a hundred percent. I just... Vice Mayor Plummer: OK. I mean, because there is... Mayor Suarez: Under -used I guess, the implication of that is some percentage, ; but not a hundred percent. Vice Mayor Plummer: ... as I go by there, there;is training going on: there at, all times, as I see it. I would beg my colleagues, not Dawkins, becauw.:-he is well aware, to go by and look at the condition -of station 12, and to then go and look at the other stations to see, and I don't want my colleague, Miller Dawkins coming 'up here saying, that his area is the last decent station in this City, and we are not doing anything about it. 'I think station 12 =has begged out for years for replacement, it is part of the program, and I think it has to be ihe'only question, not question, the only, statement I will make:; is, is that we not build it as a monument to -somebody. That we build $a practical, feasiblebuilding that in fact'is usable, not something to say is.t monument. F am still very much upset, and Commissioner Dawkins, it should be i with your concurrence, I went again to the north substation of 'the Police Department, and i am telling this Commission that it is not what we promised the `people. We promised the people that a five million dollar building would be a total service facility. The second floor is not being utilized, it is vacant. And I don't want to see that station 12 becomes a monument to somebody. Because if it's like the police substation, I have to -tell this Commission that we are not getting our money's worth. Sol that's the only Class 'Fire station& out wnen tney Leis me tinati Tney are yu my 4u yu In 1,11aia now and spend a hundred -and -fifteen thousand dollars less than they planned to spend, then f want to know how much better it As going to look when you're finished. Now had they gone in, and did what they had to do and then come back and tell us at the Commission, hey, we've got a hundred thousand dollars left over from the station that we didn't use, then I can buy that. Vice Mayor Plummer: That never happens. Commissioner Dawkins: But don't come before me and tell me, before you even knock a wall down... Vice Mayor Plummer: They never have money that they don't use. Commissioner Dawkins: ... that you have decided that instead of spending all of the money that you were going to spend, you're going to spend two-thirds of the money and take one-third away, and you are going to... because you don't live there, like J.L. Plummer said, you don't look at it every day. The neighbors don't come back complaining to you about... and J.L. knows, that's what he is talking about, how it looks - you know, go ahead and do what you have to do to station 12, and then come back and say, hey, we've got "X" dollars left over, we would like to do so and so with it, then you've got me. But don't take the money away before you start. Mayor Suarez: OK. Anything further from the Commission? If not, Mr. Gonzalez-Goenaga, very briefly, sir. Mr. Manuel Gonzalez-Goenaga: Yes. I want to congratulate the Fire Department. They do serve the community. All citizens, young citizens, I have personally gone to fire departments for a blood pressure when I felt weak. They do serve this community, and I urge these Commissioners, with some exceptionsthat are doing it very well, to consult the people. The complaints are not against the Fire Department, they do a great service to this community. The complaints are against the Police Department. Don't be hypocrites, Commissioners. They are asking for something that is proper, the community... the citizens that you represent are happy with the Fire Department, and I urge you to stop the hypocrisy here. Mayor Suarez: All right. Mayor Suarez: Having a lesson in hypocrisy. Vice Mayor Plummer: I'll move item twelve. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Any further discussion? If not, please read the ordinance. Commissioner Dawkins: I'll be voting no: I stated why I am voting no,'and as the gentleman said, I think it is hypocritical for you to sit here and-tell.me that you are concerned about that station, and you're going to take money away from it before you even start to build it. .. And I will be. encouraging, everybody I know to vote against any bond issue that you get out there and -try to sell, because you are not doing with the bond issue what you told people you are going to do. So look for me to be working with you against any bond issue you attempt to pass in the City of Miami. r, Vice Mayor Plummer: Mr. Mayor, gust for the record. I am moving this item based on the fire chief's statement, that the monies that are -remaining are adequate to do a proper job. Mayor Suarez: Call the roll. 47 dune 2091991 +.-Mau✓{� - 7Yt h 3 1 J✓4i jf� b - 1 } - wy AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 10782, THE CAPITAL IMPROVEMENTS APPROPRIATION ORDINANCE, ADOPTED SEPTEMDER 27, 1900, BY DECREASING THE APPROPRIATIONS FOR THE PROJECTS ENTITLED "FIRE APPARATUS REPLACEMENT AND MODIFICATION FY19111, PROJECT NO. 3132339 IN THE AMOUNT OF $454,400, AND THE PROJECT ENTITLED "NEW FIRE STATION #12", PROJECT NO. 313239, IN THE AMOUNT OF $115,900; AND INCREASING THE APPROPRIATIONS FOR THE PROJECT ENTITLED "RENOVATION OF FIRE STATIONS AND OLD DRILL TOWER", PROJECT NO. 313018, IN THE AMOUNT OF $5700300; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Chief Duke.: Thank you very much. Commissioner Dawkins: Mr. City Manager, have the fire chief provide me within the next two week, with his projected budget for the next fiscal year. I'd like to have it prior to the recess, so that I can see what they ask for, and what they are going to do with the money, so that... I will be here until 193 now,,I don't know what will happen after 193. But you can be damn sure that whatever you didn't ask for in this budget, I am going to point it out to you at every meeting, that you didn't ask for that, and don't expect... and although you will have three votes up here to do it, I will still be saying no. Chief Duke.: You will have that Commissioner. 19. AUTHORIZE AGREEMENT WITH OVERTOWN ADVISORY BOARD FOR A GRANT ($100,000) TO PROVIDE SERVICES IN CONNECTION WITH THE OVERTOWN COMMUNITY- MASTER DEVELOPMENT PLAN (EXCLUDING SOUTHEAST OVERTOWN / PARK WEST DISTRICT) ALLOCATE FUNDS FROM 17TH YEAR CDBG. ;w ----r--------------------------fin—wow------T---r------------—^-----T—a-t^sI1�wP. " Mayor Suarez: Item 13. Vice Mayor Plummer: Move it. Mayor Suarez: What is the genesis of item 13? Do we have a City Manager, here? Vice Mayor Plummer: Do we have a City Manager? We just saved a hundred -and - six thousand dollars ($106,000). Mr. Carlos Smith: I'm sorry, Mr. Mayor. Vice Mayor Plummer: What is the genesis of item 13, is the question? 46 June`20 1991, Fr - 1 Mayor Suarel: Why is that Man Oiling? Why is the Reverend praying? Reverend John F White: I want to hear the genesis too. Mayor Suarez: Franks City. Mr. Smith: Item 13, is authorizing the Manager to enter an agreement with... Vice Mayor Plummer: We can read. What is the genesis behind it? Mayor Suarez: What does this all come from? What is...? Commissioner Dawkins: Let me help J.L. What is it supposed to do, who gets the money, who tells you what it's going to do, and who tells us where to get the money from to do what they say we are supposed to do. That's what we are trying... that's what he means by the genesis. Is that correct, Commissioner Plummer Vice Mayor Plummer: Excuse me, that was the Mayor's question, and I was only repeating... Commissioner Dawkins: Well OK. Well, me and the Mayor are on the same wavelength, so I know what he is saying. What is it, who gets the money, what they get it for, and when they get through telling me what I am supposed to do' �do they also for the hundred thousand dollars ($100,000) tell me where to find the money? Mayor Suarez: And I thought I saw in a memo, some names of some people that are already somehow predisposed to be the ones administering some of this money. Where did this all come from? Mr. Elbert Waters: Mr. Mayor and members of the Commission, you may recall several months ago, the Overtown Advisory Board` approached this City Commission requesting that the Commission fund what was titled, the Overtown Connection Plan. _ Mayor Suarez: The Overtown...? Mr. Waters: The Overtown Connection. It was a document that was prepared by the Overtown Advisory Board through the assistance of the University of South Florida Center for Urban Design, whereby, that particular document put forth a program for development and improvement within the Overtown area. `That pafticularr document requested approximately five hundred thousand. dollars ($500,000). At that particular time, the Commission ... I am sorry, indicated to the Commission that we would attempt to work with the Overtown Advisory Board to see what in fact, we could do in support of that document. We met on several occasions, going back and forth in terms of trying to come up with a reasonable work program. The Overtown Advisory Board came up with that program through the assistance of the Centerfor Community Design and therefore, that bottom line resulted in two of the request for a hundred thousand dollars ($100,000) that you have before you today. 'The essence of 1 t is -to 'prepare a master' development plan for the portion of Overtown that is not within the Southeast Overtown redevelopment area. Mayor Suarez: Reverend. Rev. Whites Agree with what Bert has said. We also remind the Commission that we came here some time ago and we reduced our asking from about five hundred thousand dollars ($500,000) to approximately a, -hundred thousand dollars ($100,000) and you instructed us to work with the Manager, and we subsequently did so, and we are back now trying to get this project funded so we - can move on. We've been.,. the University of South' Florida` has been 2'on hold' now for almost ten months, and we are trying to make sure that we can resolve this today, and we can be about the business of redeveloping a development plan, action plan, for the Overtown area. Mayor Suarez: OK, `I thought I read some names of entities, or individuals' Mayor Suarez: OK, `I thought I read some names of entities, or individuals' �ry '31`s.Y v Mayor Suarez: ..& relate to anybody I had ever heard of, or met, or knew about, or anything like that. Is this somehow all a pre -established spending 1an here? Do we know who is involved in this? p Mr. Waters: Yes. Within your package, you have a line item budget. Mr. Mayor, with regards to the subconsultants that the Overtown Advisory Board has obtained, the University of South Florida, Center for Urban Design, which is headed up by Mr. David Crane, an urban planner, that nonprofit entity is working with the Overtown Advisory Board to conduct this study. It is based in Tampa, Florida, and as it relates to their staff, we are not familiar with all of the parties, but Mr. Crane is one and it is my understanding that he anticipates subconsulting some of the work to a Mr. Reggie Barker, who was formerly an urban planner with the City of Miami Planning Department. Mayor Suarez: He is not here, or Mr. Crane either? Mr. Waters: I don't... Rev. White: Neither one is here. Mr. Waters: I don't see them in the audience. Rev. White: My understanding Mr. Mayor, that we, the Overtown Advisory Board contracted with the Center of Urban Design contract and that contract is with them. And I think the only subcontract that they have is with Mr. Barker. The rest of it is some pro bono services that they are going to get from some people from within the community. They various universities in our State is going to be working on this project. Mayor Suarez: What about our own Miami Dade Community College? - since they are right there. Rev. White: I don't think they are a part of that scenario, The present... that consortium. Mayor Suarez: It seem unusual to have South Florida and not Miami Rev: White: Yes. Mayor Suarez: Or FIU. Rev. White: OK. I think FIU is included. FIU is included. all the universities - State Board of Regents Universities. Mr. Waters: As it relates to the... Mayor Suarez: I'm sorry, Elbert. One... Mr. Waters: I'm sorry, Mr. Mayor. Dade. Mayor Suarez: CDBG (Community Development Block Grant) funds are.what we are applying here, presumably? Mr. Waters: Yes. Mr. °Frank Castaneda: Yes. We were using administration funding for this because this is a planning activity. Mayor Suarez: I don't distinguish between administration and the other. You know, the idea is to use CDBG to do community development. Mr. Waters: Yes. With regards to your other question, Mr. Mayor and members of the Commission, relating to the... Mayor Suarez: I know it's very key to you to, excuse me, to use, to have,in mind administration because it helps to fund your department. And that's fine too, I suppose, the Federal Government allows it, but you know, I'm thinking of community development in a broad sense. Mr. Waters: The oveail gist of the program, work program, is to entertain the possibility of looking into the feasibility of establishing a tax increment financing district. That is a part of the work program that is reflected 50 i within your document, And this proposed, or the review as it relates to that proposal, will look at the feasibility of establishing a TI1= (tax increment financing) within that area that is not a part of our existing Southeast bvertown Park/West Redevelopment area. Vice Mayor Plummer: Well, you raised an interesting point. You know, Mr. Mayor, I drove around downtown the other day and I looked around to the amount of facilities that in my estimation, were tax exempt, not the districts. When you look at all of the federal facilities, and you look at all of this educational facilities, and you look at all of the Metropolitan Dade County buildings, and the Metrorail, and all of that is land from which our assessment and our tax base comes, I am not wondering... or I am wondering where is the point going to be reached - that we are just depleting our ability of revenue from the ad valorem taxation. Now, you know, it's nice to say that we create these districts, but this City still has to operate, and to do such, it has to have revenue. When you take the churches, and government, and educational facilities, and God knows, we need them and we want them, but you don't see any of these governmental facilities in Coral Gables, or Miami Shores. They are all in the City of Miami. Mayor Suarez: That's why the arguments you are putting forth are precisely the reason I... I remember we had a proposal from Marty Fine to include almost all of downtown into Tax Increment district, and I said frankly, there is no way we can do that. And also why I personally have resisted, and I think this Commission has this notion that somehow, Miami's establishment has gotten into... that we must concentrate all government buildings in downtown. And not thinking that the tax base is not thereby enhanced. So, I agree with you. Rev. White: Mr. Mayor. Vice Mayor Plummer: Mr. Mayor, I would like to see, and I would ask that the DDA (Downtown Development Association) just to use it as a criteria, do a study, and show us in the downtown how much of that property... Mayor Suarez: Is exempt. Vice Mayor Plummer: ... is in fact, is tax exempt. And I am not speaking now just from the tax districts, but my God, as I drove around the other day, in the so called "DDA district" I've got to believe that better than fifty percent, better than fifty percent of those properties are in fact, tax exempt. And yet, they are the biggest need of municipal services than any other part of this community. Mayor Suarez: We will absolutely provide that. One other thing the administration is supposed to provide me. I asked for an exact calculation of the nonexempt tax base of the City with the latest figures we received. I think it is eleven billion, eleven and -a -half billion dollars compared to last year. I wanted to know exactly what the increase was, and I am still waiting for it - if somebody in the administration could get that to me. Reverend. Vice Mayor Plummer: Because - I want to know that from the DDA. OK? Rev. White; Mr. Mayor, not to dispute what Bert said. As I look at the scope and sequence of the work that we are asking... Mayor Suarez: Can I direct this in a more positive... Rev. White: Sure. Mayor Suarez: ... direction? I think it will be helpful to you. Is one of the things that you are going to be looking at, the possible construction of an exhibit facility, and/or tourist related facilities, hotel, et cetera in that area? Rev. White: The plan calls for market analysis, utilization process, what can be utilized, and we are not asking for a tax increment district out of this proposal. Mayor Suarez: No, no. I know. r Rev. White: Yes. 51 June 20, 1991 i WGY. Yiiw iiGY Gtilli ii.► i"i---it-- iitifY i+iYti iY.. YW... ii iL.Y ii'if it ----ib ii."..ii iiiGt-Y ---it- --�..W iif. YliY 20. VICE MAYOR PLUMMER QUESTIONS ADMINISTRATION AS TO WHERE THE CITY STANDS IN CONNECTION WITH THE FLORIDA POWER & LIGHT (FPL) LAWSUIT, AS IT CONCERNS ITS NON-PAYMENT OF AD VALOREM TAXES FOR USE OF FACILITIES IN DOWNTOWN DEVELOPMENT DISTRICT (DDA) BRIEF COMMENTS ON THE POSSIBILITY OF ASSESSING WHAT IT WOULD COST THE CITY TO GO INTO THE ELECTRICITY REGULATION BUSINESS. --------------------------------------------------- Vice Mayor Plummer: Mr. Mayor, I would like to ask of the legal department, where we stand with the Florida Power & Light suit. As I... in that drive around the other day, as I look at the facilities that Florida Power & Light utilize in the DDA district, and they are not, as I understand it, paying any ad valorem taxation on those properties, I think it's very, very important to know where we stand on that situation. Because not only as it affects the downtown area, but all of this City in which FPL have properties. Mr. Fernandez: Yes. As you remember, you gave me the authorization to go ahead and proceed and file a lawsuit. What we are doing is responsibly, we are looking at all of the issues. We have pulled all of the transcripts of all the City Commission meetings relative to the granting of the franchise. We are researching into it to ensure that there is no argument that could be made to what we believe to be the City's right, notwithstanding the fact that it was, quote unquote, and I say that advisedly, bargained away the right to collect, or rather to give them an offset of their taxation before we in fact, initiate a lawsuit. There are several other municipalities in South Florida that we have been discussing this item with, City of Miami Beach, City of Hollywood, a few other municipalities who are likewise interested in proceeding. Vice Mayor Plummer: Does that... let me ask you this question. Does that also apply to Southern Bell? Mr. Fernandez: No. Because I do not believe that with Southern Belt there is 4 a kind of language that there is with the Florida Power &0 Light franchise. Vice Mayor Plummer: Do they pay ad valorem taxation on properties? 4 Mr. Fernandez: I believe they do. Vice Mayor Plummer: They do? Mr. Fernandez: Yes. Vice Mayor Plummer: And you don't think it's necessary? } Mr. Fernandez: Again, I have not looked into that one. I'll look into it,to !- be able to answer your question fully. Vice Mayor Plummer: Well I don't think that we should be picking on one provider of service, and not all. I think that, you know, I am not trying to pick on Florida Power & Light in any way, shape, or form. I am trying to pick on the taxation that this City needs to run its City. Mr. Fernandez: Correct. And you understand... Commissioner Alonso: Excuse me, but Southern Bell pays taxes, ad valorem taxes? Mr. Fernandez: I believe they do. I cannot answer because I have not looked specifically- at that agreement with Southern Bell w between the -City and Southern Bell._ I'll look into that and I'll have an answer for you. But what you need to understand about the relationship between the City and Florida Power & Light, is that there is a franchise agreement in place,.which the:City entered into, which provides that Florida Power & Light is to take a credit from their contribution to the City in the amount of the ad valorem taxes that they otherwise do pay. Because they do pay ad valorem taxes. You have to be clear on this. They do pay their ad valorem taxes, but then, in remitting to the City the franchise fee, they deduct an equal amount.., Vice Mayor Plummer: Then they don't. Mr. Fernandez: Well, but then you have to understand the created to accomplish what has been taking place up until now. fiction that's Commissioner Alonso: Yes, but the end result is, they don't pay. Because if I pay and you give it back to me, I don't pay. Mr. Fernandez: Correct. And then what we are doing is, that we are looking into legislative intent of this City Commission and all the representations that went into the formulation and entering into that agreement which presently is in place, to see how we can address that issue of unilateral, or hopefully, bilateral, amending that agreement. There 1s an agreement between two parts, and we can bilaterly agree to change that and modify that. Obviously, Florida Power and Light so far, has not been willing to tell the City, yes, you know, let's modify that and we won't take the offset anymore. So whenever you want to unilateral affect a contract, then you need to do it through the court system. Commissioner Alonso: Yes. I have another question. This only applies to the ad valorem taxes? Mr. Fernandez: Yes. Commissioner Alonso: In any other construction, in back fees, and things like that, they do pay on regular basis? Vice Mayor Plummer: They pay. Mr. Fernandez: They pay everything like anybody else. But I tell you, Commissioner Plummer, I am proceeding on this one with a lot of scrutiny, and with a lot of deliberate forethought, to ensure that the City, you know, stands in as good a position as possible before we get into a court situation. Vice Mayor Plummer: You could be talking about some big numbers. Mr. Fernandez: I understand that. And something that I have not yet abandoned,.,and I am not ready to report this to.you yet. I have already met with Florida Power and Light, and I think the `better part of any potential litigation issue,.is to seriously consider an amicable settlement, or look for solutions rather than putting the whole thing in the hands of the judiciary. Vice Mayor Plummer: Well let me tell you Mr. City Attorney, the days may be around the corner. One provision in that franchise that.I very well remember Is. that at any time during the thirty years, the City of Miami has the right to buy out Florida Power & Light. OK? And maybe the day, because what we read about what As going on with Florida Power & Light at the present time, and all the difficulties, it might be just the time to start making some assessments.of what it would cost the City to go into that business. Because- I can tell you Mr. Mayor, in the City of Orlando, they -.own- their Own generating, and they make a great deal of money for the City of Orlando. So it. might be right around the corner where we start looking about going into the electric business. We now as I understand ;it, have, the right,to:go into the,cable business, and instead of these private people making this money, why not make it for the City, if in fact, others are doing it very, very n. successfully. Commissioner Dawkins.: Tampa owns its own electric company. Vice Mayor Plummer: - And they make money. Homestead does, or they did =`I don't know whether they still° do or not. But there is... obviously, FPL is not. in it for charity. They are in it to make money. There obviously is money to be made. Commissloner.Oawkins: But they are not in it to share the money they make. Vice Mayor Plummer: Well that's why we maybe need to talk with them. Commissioner Dawkins: They might want to share it with us. OK. 54 June 209 1991 � ��i_ N „ f � Mr. Pdrnandez: Yes. Have i given you some Sort Of a sense that we arl certainly working on this, but I am exploring every potential avenue? Vice Mayor Plummer: Every day is how much we are not gaining. Mr. Fernandez: We are looking. at a discrepancy of perhaps, close to two million dollars-. - on a yearly basis. Commissioner Alonso: Two million? Mr. Fernandez: On the average. Commissioner Alonso: I say it's higher. Mayor Suarez: We've got thirty-eight items to go on the morning agenda. If we could... Vice Mayor Plummer: Let's go. Mayor Suarez: OK Vice Mayor Plummer: Call the roll. [NOTE: This was just a discussion roll call.] ----------------------------------------- item. There was no need for a 21. (A) AUTHORIZE AGREEMENT WITH PEOPLE'S DRUGSTORE, INC. - PROVIDE CITY LOAN ($100,000) IN ORDER TO EXPAND PROPOSED LEWIS BARBECUE RESTAURANT AND PHARMACY IN OVERTOWN (402 N.W. 8 ;STREET) - I ALLOCATE FUNDS FROM CDBG. (B) VICE MAYOR PLUMMER REQUESTS ADMINISTRATION TO REVIEW _SITUATION CONCERNING A VENDOR IN COCONUT GROVE (CORNER OF MARGARET STREET AND GRAND AVENUE) FOR POSSIBLE SIMILAR ASSISTANCE. ---- ------------------------------------------- --- ------------------------- i t Mayor Suarez: Item 14. This is a... these are recommended CDBG funds? _ Mr. Castaneda: Right. Vice Mayor Plummer: Let me ask you a question? Mr. Castaneda: Sure. Vice Mayor. Plummer: Isthisthe barbecue that exist outside of -the apartment house? Commissioner Dawkins: No, inside - under the apartment house. Vice" Mayor Plummer: OK. My only question is, Commissioner Dawkins, your,.,.,,. office is just_ aware as mine, that the City of Miami is harassing,, for the lack of a better word, this gentleman that makes an honest living here on the corner. of -Margaret ; and Grand, with >a barbecue situation, and yet, they are trying to put him out of business and here we are, loaning money to another barbecue.business downtown. INAUDIBLE COMMENTS_NOT ENTERED INTO THE PUBLIC RECORD, Vice; Mayor ;Plummer: Well, I tell you, I think it is... you know, .this guy. ' runs a perfectly legitimate business there, and I am sick and tired of people going.,..by, there and writing him notice_ of.,violation, He .i$ not:.hurting_ anybody- Look, so that nobody misunderstands, I have not been one that is tovorite to vendors. OK? Mayor Suarez: I was going to say, and p4rticul4rly in the Grove. I thought that you were the one that wanted to tighten down,, Vice Mayor. Plummer. But Mre Mayor, this man has been,, there, anc if, yqu ,Are going to allow... 41 x 55 406 2-Q1 100' S - +" i e d5; �k 5'b Mayer 5uarazi We are going to grandfather him in. Bice Mayor Plummer: That if you are going to allow vendors, then I have to speak to the issue of fairness. And I am sick and tired of this... Mayor Suarez: Yes, we really should get a report on that. I mean, exactly what makes sense. Vice Mayor Plummer: I can't get any more reports. Mayor Suarez: What? - Do you want... Vice Mayor Plummer: Everytime I get a report, the City goes over there... Mayor Suarez: Well, do you want to indicate that they should be preparing an ordinance to solve his problem? Vice Mayor Plummer: Well, you can't do that because he doesn't exist on a piece of property that he owns. All right? But dammit, there are vendors all over, and i cannot for the life of me understand, that they continuously go there and tell this man that he can't operate his business. Mayor Suarez: Undoubtedly, the vendors situation is a very difficult one to pin down, and a very fluid one. Commissioner Dawkins: It's no different than the one in front of the arena. You created a'special district there for some people to sell food. Vice Mayor Plummer: I agree with you. Commissioner-Dawkinst But here you have an individual who you didn't create one for, but now all of a sudden', we are going to build a brand new beautiful restaurant. Now, we are concerned about a guy who set -Is barbecue in the field. Vice Mayor Plummer: Well, I'11, tell you Miller, you want to get their attention, next Commission meeting, we'll to ask for a hundred thousand dollars ($100,000) so he can build a barbecue. Commissioner Dawkins: 'I have no problem... Vice Mayor Plummer: We'll get somebody's attention. Commissioner Dawkins: 'I don't have a problem with it. OK? Mayor Suarez: All right, As to the one before us, and then of course if we °f want to take other action as to the one on what is it, where - what corner is J.L.? - you're talking like... Vice Mayor Plummer: Margaret and Grand. It's right there. It's been there for years. Mayor Suarez: Margaret and Grand. We can pursue that. Commissioner Dawkins:r Good barbecue. Vice Mayor Plummer: _Uh? Mayor Suarez: Good barbecue, yes. Commissioner Dawkins: It's good barbecue. Vice Mayor Plummer: Well, I've never tasted his, barbecue, so I don't know. Commissioner Dawkins: I'll buy you. If you're too cheap to buy, I'll buy you some, Vice Mayor Plummer: I know it's not as good as mine, Commissioner Dawkins: If you're too cheap to buy one, I'll buy `a sandwich. 56 June 20, 1801. inl" .�cw 7 & Mayor Suarez: The chair takes notice of the fact that one Commissioner has not tasted it, the other one says, it's good, and so we assume it's good. It's not been controverted. Vice Mayor Plumrrmer: No, sir. I said it's not as good as mine. Mayor Suarez: the chair takes notice of that too. We will be over to test yours very quickly. All right. Item 14. Do we have a motion and a second. Commissioner Dawkins: Move it. Mayor Suarez: Thank you. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-425 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PEOPLE'S DRUGSTORE, INC., TO PROVIDE A LOAN IN THE AMOUNT OF $100,000 AT SIX (6%) PERCENT INTEREST RATE FOR A PERIOD OF FIFTEEN (15) YEARS, COLLATERALIZED BY LAND, FIXTURES AND EQUIPMENT, FOR THE PURPOSE OF EXPANDING THE PROPOSED LEWIS BARBECUE RESTAURANT AND PHARMACY LOCATED AT 402 NORTHWEST 8TH STREET, MIAMI, FLORIDA, IN THE OVERTOWN NEIGHBORHOOD, ALLOCATING FUNDS FOR SAID LOAN FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MONIES. (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 ipassed. 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. ' 22. AUTHORIZE CONTRACT WITH MIAMI'CAPITAL DEVELOPMENT INC. (MCDI) WHICH PROVIDES $5729130 TO EXISTING REVOLVING LOAN FUND, AND PROVIDING $250000 FOR:ADMINISTRATIVE OPERATIONS OF MCDI (FROM `17TH'YEARCDBG).' =' ----------- -----r -- --- -- -I---- -----•..--- 11�1� Mayor Suarez:; Item 15. Is this the entire budget of Miami capital? .r Mr,.Castaneda: Yes,.it is. Vice Mayor Plummer: Move it. Mavor Suarez: Moved. 77,M� The following resolution WAS introduced by Vice Mayor PIUMMOri who moved its adoptiont RESOLUTION NO. 91-426 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT INC. (MCOI) WHICH PROVIDES $572t130 TO THE EXISTING REVOLVING LOAN FUND; AND PROVIDING $250.000 FOR THE ADMINISTRATIVE OPERATIONS OF MIAMI CAPITAL DEVELOPMENT, INC. FOR THE PERIOD FROM JULY 1, 1991 TO JUNE 30s 1992, FROM THE SEVENTEENTH (17TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk*) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: I None. ---------------------------------------------------------------------- -------- 23. (A) DISCUSS RUMORS CONCERNING COCONUT GROVE LOCAL DEVELOPMENT CORPORATION. (B) EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 11 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS (NEDO) IN ORDER TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 17TH YEAR CDBG. [NEDO: 1. Allapattah Business Development Authority, Inc., 2.,Coconut Grove Local Development Corporation, Inc., 3. Downtown Miami Business Association, Inc., 4. Greater Biscayne Boulevard Chamber of Commerce, Inc., 5. Haitian Task Force, Inc*, 6. Latin Quarter Association, Inc., 7. Little Havana Development Authority, Inc., 8. Martin Luther King Economic Development;- Corporation, Inc., 9. New Washington Heights Community Development Conference, Inc., 10. Small Business'Opportunity Center, Inc., and 11. Wynwood Community Economic Development Corporation, Inc.] ------------------------------------------------------------------------------ Mayor Suarez: Item 16. Vice Mayor Plummer: Move it. Commissioner Dawkins: Seconded, with discussion. Mayor Suarez: Moved and second for discussion. Commissioner Dawkins. Commissioner Dawkins; Mr. Castaneda. Mr. Castaneda: Yes, sir. Commissioner Dawkins: This says, economic devilopment, OK? Is that what it says? Mr, Castaneda: That's correct, Commissioner. Commissioner Dawkins: Now, when you come back with the next funding cycle.,be able to show me what economic development these tteople have :carriWout. 77 .T >^fi ]d i u i k[1es 's?F, n4� a Cdrrr lsioner Dawkins I don't want know anything about facade, I don't Want to know anything about addition to the building, I want to know what business entities they have helped. I Mr. Castaneda: Sure, Commissioner. Commissioner Dawkins: And that's how I plan to vote on appropriating the money. OK. 'thank you. Mr. Castaneda: 'thank you. Vice Mayor Plummer: No, I want to ask one. The organization in the Grove.** Mr. Castaneda: Coconut Grove Local Development Corporation? Vice Mayor Plummer: OK. Who is the head of that? I Mr, Castaneda: David Alexander. Vice Mayor Plummer: OK. Someone said to me the other day, and I am going to ask this question just to clear the air and the record - I am not making allegations or anything. Does that organization receive back any percentage for the companies that they establish in that area? Mr. Castaneda: No. Commissioner Dawkins: Wait now. Say what now? Yes, they... OK. Are you saying, Commissioner Plummer, that... Vice Mayor Plummer: No. Am I asking. Commissioner Dawkins: No, he is said, no. I am saying,if... Are you saying that the Coconut Grove LCD (Local Development Corporation)... - r Mr:'Castaneda: Right. Commissioner. Dawkins: ... has not through the other profit entities that 'they own receive no benefits? Are you saying that? Mr. Castaneda: Yes. Vice Mayor Plummer: OK. Let me tell you, Frank, what I heard. i Mr. Castaneda: No. I... x Vice Mayor Plummer: Go ahead. _ z Mr. Castaneda: I have heard allegations saying that they are 'bringing in Palestinian grocery stores... r: Vice Mayor Plummer: No, no. It -doesn't relate to that issue`, because... a Vice'Mayor Plummer; That if in fact there is any truth to that kind of d j rumor that says, that if you go in there through that organization, that you :have to give back to that organization, six percent of your gross, or six ,. percent of your net, or six percent is the number that I heard. OIL? I think that,we'need to Aut'on the record, if in fact there is no truth to it... Mr. Castaneda; I found no evidence to that effect, Commissioner. E +dune 204 tool, n 9 } E S %r'7t 4 tt "Vice Mayor Plummer: I wart you to go look, and I went you to ask people under. oathi.. Mr. Castaneda: Sure. Vice Mayor Plum'r:er: ... if in fact there 1s any truth to it. Let's just get it..i If it's a rumor, and it's not true, then let's put it to rest, Mayor Suarez: OK. On the item before us, whichis sixteen, or fifteen? Mr. Manuel Gonzalez-Goenaga: Sixteen. Mr. Fernandez: Sixteen. Mayor Suarez: Moved and seconded already. Mr. Gonzalez-Goenaga briefly. Mr. Goenagac Yes, very briefly. 1 am going to start with the Wynwood Community Economic Development Corporation, because I am from Puerto Rico, and we should set an example to stop the "cifarra" that has been going on year, after year, and after year. I noticed that Mr. Rios made a new application under very confusing and misleading names - Wynwood Community Economic Development Corporation, and he also made another application for Wynwood Economic Development Corporation - two different ones. Why? I would like to know the differences. I don't know if he tried to mislead this Commission because he did not get what he asked originally, and I am saying this, not only of the Wynwood, of everyone. Because there is "cifarra" in the Black community, there is "cifarra" in the Hispanic community, and there "cifarrall in the Puerto Rican community. And since... apparently this Commission, or the City has surpluses, or no.surpluses whatsoever, we should start tightening our belts and use a lot of accountability on all these programs. It's about time we start, and that's why I am urging to start with the Puerto ,Rican - because I am from Puerto Rico. To set the example that the same way has to be done with the Black community, and all this type of "Cifarra" things. Commissioner De Yurre: Let me ask this, you know, just out of curiosity. Have you checked into the fact of where we have more... you know, one individual, and more than one corporation? Mr. Castaneda:There is only one corporation. I don't' know what he is referring to. Mr. Goenaga: Well, I am reading from some papers that... it says, "City of Miami Department of Community Development, 17th year CDBG proposals." And it shows, 2(D), under the Wynwood, shows, Wynwood Community... well, you... Mayor Suarez: There is a corporation, and :then there is also a community economic development entity, Frank. I don't know if he is referring to... those are two... are separate entities.. I kno4:I am not the chairman of the corporation, but I'am Chairman of economic development entity. Mr. Castaneda: Right. Well, what 'he is referring to, is that there was a... this is proposal under economic development. There is also a request for funding under their housing component,, which the Housing and Conservation Agency will deal with separately - and that's what he is referring to. Mayor Suarez: All right. Anything further? Mr. Gonzalez-Goenaga: How can we supervise this? Does an individual have an opportunity to see some papers, because I would be more than willing and I have the time to review. Mayor Suarez: Oho yes. You are entitled under the public records law of the State of Florida... 1yyt�^�y}•�• ,�� 'f �{ � x�'k �`Y��b'� er't "yF r"�"� �n 1F��( .. ... .. _. ._ ii—..Yi ii iif'YfG WYYY4f1YJiiii At•iGli WilG[iliW ilii•YIW iii��fr�iiif{ - 24. AUTHORIZE EXECUTION OF AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION OF 6 PARCELS IN MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA TO BE USED FOR t- DEVELOPMENT OF AFFORDABLE HOUSING (Project 391024) v ALLOCATE $340jOOO FROM 1976 HOUSING GENERAL OBLIGATION BONDS APPROVE, IN PRINCIPLE, SUBSEQUENT TRANSFER OF PARCELS TO URBAN LEAGUE OF GREATER MIAMI, INC., FOR DEVELOPMENT OF LOW -DENSITY LOW AND MODERATE INCOME AFFORDABLE RENTAL HOUSING PROJECT. i�---i------ice----------------------i------------r--------- — — - - — — - — — — St•---Ylii,il`�i11� Vice Mayor Plummer: Move seventeen. Commissioner Dawkins: I second. Mayor Suarez: Moved and seconded. roll on seventeen. Ms. Matty Hirai: Who second? Commissioner Dawkins: Seventeen. Any discussion? If not, please call the The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-428 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE ACQUISITION AND EXECUTE A PURCHASE AND SALE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE PROPERTY OWNER(S) FOR ACQUISITION OF FIVE (5) PARCELS (TOTAL OF 1.5 ACRES) IN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA (MORE PARTICULARLY DESCRIBED IN ATTACHED EXHIBITS "A" - AND "B") TO BE USED FOR THE DEVELOPMENT OF HOUSING IN CONNECTION WITH THE CITY'S AFFORDABLE HOUSING DEVELOPMENT PROGRAM; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000). FROM THE 1976 HOUSING GENERAL OBLIGATION BONDS AUTHORIZATION UNDER THE "AFFORDABLE }` HOUSING PROGRAM", PROJECT NUMBER 321024, INDEX CODE 599101, FOR ACQUISITION OF THE :SUBJECT PARCELS; AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON G THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT, AND CONFIRMATION OF OPINION OF TITLE; AND -APPROVING, IN PRINCIPLE, SUBSEQUENT TRANSFER OF THE SUBJECT PARCEL TO THE URBAN LEAGUE OF GREATER MIAMI,;INC., FOR DEVELOPMENT OF A LOW -DENSITY LOW AND MODERATE INCOME AFFORDABLE RENTAL HOUSING PROJECT, SUBJECT TO CONDITIONS AND DIRECTIVES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded. by Commissioner Dawkins, the .resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor 4. L. Plummer, Jr. .4 Mayor Xavier L. Suarez NOES: None, ABSENT; None, 4 62 June 201 } } ( a1 M F t� ..iWi.. .a.....1....AkM aGii+iii:ii+iri a;aa.ii.i i.iyrliiYaaii.Y AY i t...aOa.YiYY+biiGiilWlfl 26. (A) EXECUTE AGREEMENT WITH MICKENS PROPERTY, INC. FOR ACQUISITION OF PROPERTY AT 901 NW 3 AVENUE AND 909 N.W. 2 COURT - APPROPRIATE $225,500 FROM CIP 322067: SOUTHEAST OVERTOWN / PARK WEST PHASE It FOR DEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. (B) VICE MAYOR PLUMMER COMMENTS ON INCREASED INCIDENCE OF CRIME IN DOWNTOWN AREA AND URGES ADMINISTRATION TO FIND SOLUTIONS. (C) VICE MAYOR PLUMMER STRONGLY URGES MANAGER, AGAIN, TO REVIEW POLICE DEPARTMENT'S PRESENT DEPLOYMENT OF SWORN POLICE OFFICERS - COMMISSION SETS SEPTEMBER 5TH FOR SPECIAL MEETING TO DEAL SPECIFICALLY WITH THIS ISSUE. --.-------------------------------- ------------------__-_-------------------- Mayor Suarez: Item 18. Commissioner Dawkins: Overtown, yes, move it. Vice Mayor Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please... Vice Mayor Plummer: Yes, I've got some discussion. Where is Mr. Bailey? Mr. Herb Bailey: Yes. Vice Mayor Plummer: Mr. Bailey, I am concerned, and I'm sure that you're all going to take my gasoline away so I can't drive the area as I have for the past seven days. I am extremely concerned in properties that you have acquired that are abandoned, that are being used for illicit purposes. Mr. Bailey: You got an exact location, Commissioner? Vice Mayor Plummer: No, I've got too many of them to be exact. Mr. Bailey:We only have two that we haven't torn down yet, and we're waiting on the contractor to get out there. We've been bugging him for the past week or so. I'm told he'll tear them down in the next couple of weeks. Vice Mayor Plummer: My question, I guess, to you, is there any monies in your huge bank for providing security to take the relief off of the Police Department? Mr. Bailey: We'll tear them down. Whenever we have one that we have settled on, and we'll tear them down immediately if no one is there. We remove the buildings because of that -problem. Now, if you saw some that we may not own them already, but if we do own them, we'll... Vice Mayor Plummer: All right, so you're telling me that as quickly as possible you're tearing the buildings down. Mr. Bailey: Absolutely, we demolish them right away. t Vice Mayor Plummer Do we... who owns presently the Fincher property? x Mr. Bailey: Reboso. Bebe Reboso. Vice Mayor Plummer: OK. That one in particular is creating a real problem,. Mr. Bailey: Right, it's up for sale and they'ra trying to get it moved, ,but we don't have a lot of takers. We did not buy it, but I happen to know about the transaction. Vice Mayor Plummer: Mr, Mayor, just for this Commission's edification, the problem in that area and I'm going to refes to the area in and around without naming in particular. I think it's important that this Commission realize what's going on in that downtown area. One company has had so many break-ins that they, in fact - is the word purchased? - they got guard dogs to come in and protect the properties. Last Friday in another break-in, the 63 ,dune '200 19,91 t perpetrators went in and hung, with a rope around their neck, the two guard' dogs. Now, that's sickl But I'm telling you that, that area down there is becoming extremely..b they are experiencing these, what they call, smash and dash. I witnessed one at 14th and the Boulevard. So much and to bold the day before yesterday they had one at the corner of Miami Avenue and Plagler Street at 4:00 o'clock in the afternoon. So that's why I was trying to see if there were funds for private security to try to help police the area, because it is getting much, much worse everyday downtown. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: What happened to that task force that you were instrumental in organizing which last summer was organized because of the wrath of muggings of Brazilians, because it's time for the Brazilians to come back again. And we had a task force, J.L., that because the as you said they have a gang, and they start at the Holiday - whatever that Holiday thing is up by pickenbacker... Vice Mayor Plummer: The Hampton House. Commissioner Dawkins: ...Hampton House, and in the car they go from the Hampton House looking for what they call "marks." Then they go from there to the Sheraton... Vice Mayor Plummer: Correct, 495 Brickell. Commissioner Dawkins: ...then come across the bridge and snatch people's purses and what have you across the bridge. Then they go from the bridge and ride up by the DuPont Plaza. They look in the DuPont Plaza, they don't see anything, they go around by the InterContinental. If they don't see anything, they go down to the Omni, J.L., they don't see anything then they come back around to the Holiday Inn - I mean Howard Johnson's - if they don't see anything,, they go to the Hyatt. And then they start back up. And the minute ( they see somebody... and these people come here - they don't know - they got i their purses hanging off their shoulders, they got their cameras... `f Vice Mayor Plummer:. Well, let me tell you, Miller... Commissioner Dawkins: And so why don't you see about reinstigating that... Vice Mayor Plummer: Task force. Commissioner Dawkins: ...task force. And include the area you just said, J.L. Vice Mayor Plummer: I spoke to the Attorney General, who was our guest here the other day,. about the fact that the legislature, for whatever reason, has given an open invitation to the criminals by designating license tags as leased. Lease, the word lease, is on the tag, which means that it is a rental car. And let me tell you how sophisticated they're getting. They hit these` cars - the last one at. 14th and Brickell, or 14th and Biscayne that I went to - were two elderly people from Spain. They took their passportstheir cash, they took everything, knowing fully well that.if these people, will not come back to testify in 21 days, the State Attorney's Office has to-drop'the charges. When these people were asked, how long were they going to be j remaining in the City of Miami, they said they had intended for six more days. But they were going home and packing their bags and going to the airport for the next available flight out. Now, when you stop and think of the millions of'dollars that we're spending here to try to generate a good image,`and have one couple like that go 'back to Spain and hit that in the papers back there, all I'm saying to you I asked the Attorney General to look into removing that designation off of rental automobiles, because it is getting worse each and every day. These people are following these cars as they pull out of the rental agencies, They're following these cars downtown, and they're working And operating around every hotel downtown, Sk,ippy knows Very we.11 whot�M saying. Sheraton, Mr. Mayor, just for your' edification, is experiencing almost one purse snatch a day, ` Commissioner Dawkins:' Hyatt also, J.L. j{ 1S I 64 June 200 1994 5 Z.styN, S -f��m�yk Iti 3 1 Vice Mayor Plumrmer: `that's just one hotel. The Hampton House is paying VoS00 a month for off -duty policemen. Now that one has pretty well quieted down. But let me tell you - and here again, Mr. Mayor - Sunday, this past Sunday, we were at an area in dispatching police of a three to five hour delay in the time that the call was received till the time that the car was dispatched. Now something has got to be done. Each and everyone of us are getting phone calls from merchants who are not threatening, they're leaving. It is my indication - and I've asked Carlos Smith - to give me a number, and I think it's going to startle each and everyone of us, the amount of occupational licenses are down the first six months of this year, as opposed to the last six months of last year. And all I'm saying to you is that this Commission has got to take, and we have got to make some radical changes. We can no longer do business as usual. The thieves are not doing business as usual. And I'm saying to you, we are now starting to experience a great deal of this activity where we've never seen it before, and that's west of LeJeune Road. Flagami is really starting to have some major problems. We've always had the problems in other areas, but that area had been left alone. I'm saying to you that some major, major changes have got to be made. And I hope that this Commission is ready to tackle the problem. I'm ready to tackle the problem. Commissioner Dawkins: Until it come to money. Mayor Suarez: Well, one item that does not require money particularly, and lieutenant, I hope that... Commissioner De Yurre: Mr. Mayor. Mayor Suarez: Commissioner. Vice Mayor Plummer: Sir. Commissioner De Yurre: I listened to J.L., and really, you know, he's not telling us anything that we don't already know. Because it happens. But every time that the issue is brought up, we say, you know, someday we're going to have to do something about it. And somebody is going to have to... You know, let's deal with right now. You know, what are we going to do about it? Let's talk about it right now. Are we going to create whatever it takes, a plan, but let's do it. Because, you know, we've been here. You guys have been here longer than I have, Miller and J.L., and... but, you know, the same argument.... Commissioner Dawkins: J.L. was here longer than me. Comnissioner De Yurre: You know, he's been here longer than most of us put together. Vice Mayor Plummer: All combined. Commissioner Dawkins: That's right. Commissioner De Yurre: That's right. Mayor Suarez: He was born here. Commissioner Dawkins: And we're going to try to see that you don't be here any longer. Vice Mayor Plummer: Thanks. Commissioner De Yurre: But if we... you know, why don't we do something about it now? Do you have any suggestions? Where do we go from here? -as opposed to just talking about it. Commissioner Dawkins: Let me just say something... Vice Mayor Plummer: Victor, I have said to this Commission that - and we addressed this issue before — that in my estimation, the near 1,100 policemen that we have, the deployment problem still continues. For example, if I'm not - Joe, please correct me if I'm wrong w you have presently approximately 30 policemen that are writing accident reports. Right, Joe? AIU? AIU plus patrol. State of Florida says that you can have - and fully trained and certified - public service aides. We pay a public service aide $18#000 a Year. We pay the average policeman, with perks, approximately $0,000 a year. Now, if the State law provides that we can take and use PSAs to write accident reports, why are we using $50,000 policemen who are very sorely needed on the street? Now, other areas of disagreement we'll have in this Commission and I don't, you know, I respect my colleagues. Primarily I'm going to pick on my dear friend, Bob Webb, with the horse patrol. It's great P12, but primarily what they do is write tickets, which is what the meter maids do. OK? They can't transport a prisoner. They don't basically respond to reports. There is what, Joe? -22 policemen? Lt. Joseph Longueira: ... a little less than that. Vice Mayor Plummer: OK, 20 policemen, all right? I'm at this point that says, it's nice to have a Marine Patrol, but the problem is not out in Biscayne Bay that these people are suffering from. It's on the street. We have a boxing program, and I've picked on that before, and I get to my colleague who I fully respect, and it's a great program if everything else is under control. You've got three, I think, policemen, or one policeman, two policemen and two PSAs in that. Eight hundred and fifty thousand dollarsl Mayor Suarez: How much of that is from the Law Enforcement Trust Fund? Vice Mayor Plummer: Mr. Mayor, I'm not speaking to the dollars especially. Mayor Suarez: OK. Vice Mayor Plummer: First and foremost, I would speak to the issue that it's a hell of an expensive program. But I'm speaking to the issue that says that we need those men back out on the streets. I'm speaking to the issue that says that we have policemen, sworn officers, that are not out enforcing the law.; Now, I've spoken to the Chief about this, and the Chief said to me the other day, give me a chance. Give me a chance to make these moves. And I said,.hey, I've got to give you that chance. But I want to see why - and this is from the statistics of the Police Department'- we have 42 sworn officers in community relations and 16 sworn officers in robbery. Mayor Suarez: J.L., I have a suggestion. To*the broader issue of deployment and as requested by this Commission, it is my intention to convene a special session of this Commission - and you have to tell me when it would be most convenient for you - to discuss solely the issue of police deployment in the City of Miami, as we think it should be adjusted, modified, and directed to carry out some of things that we've been discussing here. This has been long pending, and you've requested it, you've talked about it, you've proposed it, and think we ought, to do that. So I'll be expecting the Commission to give me their preferred dates, perhaps to do sometime in the month of July or if we can somehow combine it with a Commission meeting. So long as we have at least three hours for the discussion and testimony and from citizens, if you think that's enough. On the specific issue of the summer, you've asked for a task force and one thing, Lieutenant, that I would personally ask that, that be done with the task force because it is a non -income, nonrevenue requiring measure, is that we really try to get all the hotels, all their private �. security, all their off -duty police officers, to be involved in a network of information sharing. It makes no sense to have what Commissioner Dawkins described. These people going from one place to the next, and the people not communicating with each other. They're spending huge amounts of money, that,$ been detailed also here by the Vice Mayor, and they're not networking` Vith each other. Perhaps they haven't thought about it', perhaps we, need 'to help them to do that. And then, of course, our own component of police protection to not only anticipate the coming of the large influx from Brazil, but every other place. Brazil is of course,, the most growing group of nation of origin of visitors, and in August I think, they take up almost the entire downtown, almost the entire Intercontinental, and a good deal of some of the other hotels, the Grand Bay, and even in the Grove. And I think we are entirely right to be trying to preempt and anticipate this,.and we will move on its Commissioner Dawkins; Mr. Mayor, I'll add this and move on. The merchant.,, the reason I said that, the merchants and the hotels, I mean, they walk down to the college to see me and they even ask, the merchants asked me to go to i Brasil with them in August - August 26th, but I told them that I couldn't go down there unless I can assure the people that we have done something in order to make it safe. I don't know whether it is a video, I mean, but Tony Pajares 66 June 20, 1991 Romp t has called A meeting for the merchants, the hotel operators, And the automobile leasing company to try to get..6 because they said that a part of the problem is that the auto leasing company does not give instructions to the people. And when they stop in Liberty City, or wherever they stop for information, they get ripped off. So therefore... I'll tell Tony to get in touch with you and coordinate that. Vice Mayor Plummer: Mr. Mayor, just for your edification. As you know, and in some way, shape, or form... Mayor Suarez: And don't drop the issue of the license plates for the next legislative session. Vice Mayor Plummer: No, no, no. I've already talked to the attorney general. Mayor Suarez: OK. Please. Let's get it in the next legislative session. That's the silliest thing in the world to alert would-be perpetrators, muggers, et cetera, that this person is probably an unknowing tourist by such a simple device as the plates contain. Vice Mayor Plummer: Just for your edification. Commissioner De Yurre: But they also have the sticker that says, "Alamo Rent- A-Car," and you know, that's... Vice Mayor Plummer: Well, we are talking to them about getting that off. All l right? I Mayor Suarez: Yes, they probably ought to be smart enough to take that off themselves, yes - the leasing companies. Vice Mayor Plummer: Mr. Mayor, I would like you to know that I have asked of Lieutenant Longueira for an awful lot of information which I feel is going to be necessary to put this thing together. And so I would think July is just going to be much, much too soon to try to call or convene a meeting of this Commission. I'd like to do it next month but I just don't see how the whole deployment issue can be taken care of in that short a period of time. Mayor Suarez: All right. Well, we we'll... Commissioner De Yurre: Well how about doing it right before, like the last couple of days in August? , Mayor Suarez: We could do it right before the September... s Commissioner De Yurre: As before we get into the budget situation. >r 15 Vice Mayor Plummer: We could try. Mayor Suarez:: That's a good idea. y: Commissioner Alonso: Yes, I think it's a good idea... Mayor Suarez: Commission Alonso. t Commissioner Alonso: ... that we have this meeting before the budget because the situation with the crime is getting to the point that :citizens cannot ° stand it. =The response call is getting to be impossible.' -In some"instances,, : they. don't respond to calls. In -businesses, they take an excessive amount Of time and something has to be done. And I think we will -have to -instruct= -the administration in a very concrete way, because`wel.ve been, talking aboutwthis issue for a long time, but nothing :has dore in'.a way that really helps the situation. And it is growing to the point of making Miami a very difficult place to visit and to live. 1: Commissioner De Yurre: Can we set a tentative date of the 29th of August?; t Mayor Suarez: Tentatively, for the 29th of August, and let's firm It up'as that date approaches. Vice Mayor Plummer; No, not of August. Of July, you mean, 67 June 209 1991 '�:.p •C�.0 itiv iu _ .. .. rs_ � Y �� -,:mow-, ,� S ,.x •P t 3 s = Commissioner Be Yurre: No, August. I thought YOU needed..* can do it. Mayor Suarez: You said, you would be ready in July. Vice Mayor Plummer: Dh, OK, Commissioner De Yurre: That's what I am saying real close to September so you could have the whole month pretty much off. Commissioner Alonso That's a Tuesday? Commissioner De Yurre: A Thursday. Vine Mayor Plummer: The Thursday. Commissioner Alonso: A Thursday, the 9th? Vice Mayor Plummer: Let's do it after the Labor Day. The first Thursday after Labor Day I think, is not a Commission meeting. Let's shoot for that. Commissioner De Yurre: What's that, 30th? - 31st. Mayor Suarez: It will be three meetings in September then. Commissioner De Yurre: The 5th? Be like the Sth. Vice Mayor Plummer: Whatever the first Thursday is in which we don't have a Commission meeting, we could in fact have a special meeting. Commissioner De Yurre: Fifth of September I think, it turns out. vice Mayor Plummer: That's fine with me. Mr. Mayor, let me say to you, sir, that it has to go further than deployment of the troops. Commissioner-Alonso: Oh, yes. - .: Vice Mayor Plummer: And the classic example that I will give you... Mayor Suarez: Weil I included deployment all of the concerns that you've been ; expressing... ' Vice Mayor Plummer:OK. Mayor Suarez: ...'about proper allocation of officers between tasks that-,. are not really patrol. Vice` -Mayor Plummer: See, but here is the point that I am trying to make to you, sir. Two weeks ago, for whatever reason, somebody decided that we were going to Use policemen to go. out and do a survey; in and around the Cuban Museum - to ask the neighbors if they were scared. Now I don't know who decided we:needed a survey, and 1 don't know, who;decided,that policemen should do' it,'and especially at-9:30 at night. At the same time, we were operati,ng.a — road block which we do from time to time and has to be done, on 27th Avenue. ;. The dispatcher 1s sitting there, as she said,:with:four pages ;of,call s and;anot even in .service to respond, and some of them were priority fours which i of the highest of priority, just under a three signal. So I am saying to.you. thattwelve got'to'take, and we have gat to looW at more:°.than: Just -deployment: There.ls one other ;point, Jae, that I want to bring up. Can you justify for, me why in today's conditions the Police Department has a rule that if somebody — calls ona mobile phone to report an incident of crime, we have a policy that we can't call them back. Is it because of the twenty-nine cents? We have a policy in the 'Police Department that if somebody calls us on a mobile phone and reports a crime, and they want additional information, we can't call back to a mobile phone, Lt. Longueiras I'll check. Mayor Suarez: No idea why that would be. lice :Mayor Plummer, it:doesn't make<any sense to me at all. Maybe' Suarez: while checking that, also check please why,.. = June U �s — A�:$L".iR-ten. D`af^w.�C' dA.. s. f�jA DbQaY 9+x^ci.mr4anar ,p"rfi.rF.'4er.+ 4 :. Oommi'seioner De Yur M Just call collect. , Mayor Suarez. ... we have so many automobiles in the community that Still have tinted windows. I thought that had been made illegal by State law. Vice Mayor Plummers That's State of Florida. Mayor Suarez: One went right by me yesterday. If I get the license plate and I get that to you, will the department move on that? Lt. Longueira: OK. We'll take a look at it, sir. Commissioner Alonso: Could you explain to me, this survey about the museum? What was that? Vice Mayor Plummer: I don't know what they were trying to accomplish, that basically, they were asking the neighbors, and some, I am sure called your office as well as mine, to complain about their door being knocked on at 10:00 at night. But it was to ask them if they were concerned about the bombings - you'll have Joe - would you find out - I talked to you about this already - what the questions on the survey were? Lt. Longueira: Yes, sir. Mayor Suarez: OK. Commissioner Alonso: And it was done by the Police Department? Did they made the decision? Commissioner Dawkins: And this is the third time J.L. has asked for this. Y Don't ask again. RK Vice Mayor Plummer: They chose policemen instead of community development, or somebody else going out, they used policemen at 9:30 at night to go out and do v <; this survey. And if that isn't a waste of police time, I don't know what is. Commissioner Alonso: No wonder they don't respond the calls sometimes - if we ` use-policemen'to do things like that. vice, mayor Plummer: Sunday, we were running three to, five hours between the receiving of a call and the dispatch time. We had one call, not on Sunday, last week, in which it was an hour and twenty-two minutes from the time of a call` that was ''received that two people were shooting at each other, in Liberty City, until the time we dispatched a car. Commissioner Alonso: It's disgusting. m Commissioner Dawkins: Mr. Mayor. _ Mayor Suarez: OK. These are the kinds of things we have to go into at that special session. Commissioner Dawkins. Vice Mayor Plummer: To me, dispatch homicide, because they are all going to be dead. Commissioner Dawkins: Mr. Mayor, and my fellow Commissioners, we have two agendas to go through... Mayor Suarez: Thank you. z Commissioner Alonso: Yes. ry Commissioner Dawkins: ,.. and we've got sixty -some items on the morning agenda, Commissioner Alonso: That's right. F Commissioner Dawkins: We are now on item to, and we keep philosophizing, philosophizing, and we are not moving the agenda. `. Mayor Suarez: Thank you. i 69 June 204 t991 = e a ' t "1 fYryS ,U 1 The following resolution was introduced by Commissioner Alonso, who moved its adoption, RESOLUTION N0. 91-429 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 901 NORTHWEST 3RD AVENUE AND 909 NORTHWEST 2ND COURT, MIAMI, FLORIDA, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI AND MICKENS PROPERTY, INC., FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), AT THE TOTAL PURCHASE PRICE OF $225,500, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT NO. 3220579 ENTITLED "SOUTHEAST OVERTOWN/PARK WEST PHASE II", FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE SELLER AS EARLY AS PRACTICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. +,.an r•:' ft "s - i➢ialilwii.icisiYasYYY.rP�r iii7i�1i�lii.Lilr.OialnairiY7YtiiiitiiYli i.Y6i.�.r WYlR itiiY Wl Yilai..ifilii a. itlY �nYlWi.l✓i�i.Nilfi Yll.fYl..i�f.iliiiilt.Y 26. EXECUTE AGREEMENT WITH MARGARET BROWN FOR PURCHASE OF PROPERTY AT 26E N.W. R STREET m APPROPRIATE $125,000 FROM CIP 322067: SOUTHEAST OVERTOWN / PARK WEST PHASE It - FOR nEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. arrr.rr.rr,.yr.yran+rr�rr.Ww+rrr•a.rwrrrrrri.+cr�rrrr+r - rrrrrrrrr..rd..�.r�r' r �rr.++rr+r..ur YiYrrr r'+.. Giiii WOYYi.11Y - Commissioner Dawkins: Move nineteen. Mayor Suarez: Item nineteen. Moved. Vice Mayor Plummer: Second. Mayor Suarez: Second. Any.discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-430 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 269 NORTHWEST. 8TH STREET, MIAMI, FLORIDA BETWEEN THE CITY OF MIAMI AND MARGARET-BROWN, FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), AT THE TOTAL PURCHASE PRICE OF $125000. WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN -CAPITAL IMPROVEMENT PROJECT NO. 3220570 ENTITLED "SOUTHEAST OVERTOWN/PARK WEST PHASE II, "FOR THE PURPOSE OF, DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT;. FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY'TO CLOSE THE i TRANSACTION WITH; THE SELLER AS EARLYAS PRACTICABLE. 7 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ; Upon being seconded by-Vice,.Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. it ABSENT: None. s i 3SS x S 72 Jun r i J - r '. VIP '7. Y �_ j .... W�Yiiii►iliiW+Y1�►iYi�0Ylf1'ill{Y1.YW iY 11YYifiifiHiiPYiY1Y�1�if1Yl11YYsiittll.itf WtiOlibii Fif i�fflfi/Yiii iili6Y itiiiiil �i li+isiiiii li:iW iY Yi+16iRYiiW+iiiitllllii Yiitiifiili ii7i W)�iWYi WYYY �. 28, EXECUTE CITY 090o EASEMENT AGREEMENT, AND RESTORATION AGREEMENT WITH . FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) FOR USE OF CITY -OWNED PROPERTIES IN CONNECTION WITH NEW BRiCKELL AVENUE BRIDGE PROJECT PAYMENT ($138,650) TO CITY BY DOT. - —1YY.-WWrr�r •r-Y-i` -------i. K. rrr.i W---r ai---------rr.------------------ r--------------wrr Mayor Suarez: item twenty-one. Commissioner Dawkins: Move twenty-one, if J.L. has no objection. Mayor Suarez: Moved. Commissioner Dawkins: J.L., you're OK with twenty-one? Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Vice Mayor Plummer: I have no problem. Commissioner Dawkins: OK. Mr. Fernandez: Before you vote on that one, while the resolution is clear, that we, the City Attorney's office were reserving our right to look at that to the extent that this includes property that might have been acquired with bond's money. We may need to consult with bond attorney on this issue. But otherwise, it's proper for your to vote on this item at this time. Mayor Suarez: Call the roll on the item. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-432 A RESOLUTION, :WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A'`CITY DEED, EASEMENT AGREEMENT, AND RESTORATION AGREEMENT IN FORMS <' ACCEPTABLE TO THECITYATTORNEY, BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (DOT), FOR -CITY -OWNED PROPERTIES DESCRIBED ON EXHIBITS "A," "B," AND "C," RESPECTIVELY, WHICH ARE ATTACHED HERETO; SAID PROPERTIES TO BE USED 'IN CONNECTION WITH THE NEW BRICKELL AVENUE BRIDGE, WITH PAYMENT TO THE CITY BY DOT IN THE AMOUNT OF $138,650, WHICH IS THE HIGHEST APPRAISED VALUE FOR THE PROPERTIES DESCRIBED IN EXHIBITS "A" AND "B." (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 ,y Commissioner Miller J. Dawkins } Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez t NOES: None. , ABSENT: None, i' s r 74 June 201, 199,1 r rPsi � t 29. DESIGNATE AS CATEGORY "D" PROJECT THE ACQUISITION OF ARCHITECTURAL LANDSCAPE ARCHITECTURAL- / ENGINEERING SERVICES FOR A COVER DOME, OLYMPIC POOL COMPLEX FOR HADLEY PARK - APPOINT CERTIFICATION COMMITTEE. - APPOINT HERBERT J. DAILEY AS CHAIRMAN OF COMPETITIVE SELECTION COMMITTEE ALLOCATE MONIES FROM APPROPRIATED FUNDS (HADLEY PARK - POOL REPLACEMENT CIP 331349). ---------------------------------------------------------------------- Mayor Suarez: Item twenty-two. Vice Mayor Plummer: Move it. Commissioner Dawkins: Second. Mayor Suarez: Moved and second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-433 A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE ACQUISITION OF ARCHITECTURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION OF A COVER DOME, OLYMPIC POOL COMPLEX FOR HADLEY PARK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE QUALIFIED PROFESSIONALS FROM THE CITY'S STAFF; AUTHORIZING THE CITY MANAGER TO APPOINT A FOURTH CERTIFICATION COMMITTEE MEMBER WHOSE PROFESSIONAL EXPERTISE IS ARCHITECTURE SUBSEQUENT TO RECEIPT OF THE PROPOSALS, AND APPOINTING HERBERT J. BAILEY, ASSISTANT CITY MANAGER, AS CHAIRMAN OF THE COMPETITIVE SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA STATUTES SECTION 287.055, AND CITY'OF MIAMI ORDINANCE NO. 957210 ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED NEGOTIATION 'REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES; ALLOCATING MONIES FOR SAID SERVICES FROM FUNDS APPROPRIATED IN HADLEY PARK -POOL REPLACEMENT CAPITAL IMPROVEMENT PROJECT NO. 331349. (Here follows body of resolution, omitted here and on -file in the Office of the City Clerk.) Upon being'seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J L.'Plumner, Jr. Mayor Xavier.L. Suarez NOES: None. ABSENT: None. 'Siin�l1#7 J i 9 YWi1L�i➢�ibiii llliYiLYlr i iG'itifi�rYliLriiL iiiiwi ii iifiY�irG �. ili3iiafGiiYf 3l------iii..YaiG.ci'f7i raYYa.YY.aY�i.W1itiYYiH Sb. REJECT ALL PROPOSALS RECEIVED CONCERNING REQUEST FOR PROFESSIONAL SERVICES OF PLANNING AND DESIGN OF THE CITY ADMINISTRATION BUILDING PHASE It PROJECT IN DOWNTOWN GOVERNMENT CENTER (276 N.W. 2 STREET) ADJACENT TO EXISTING CITY ADMINISTRATION BUILDING PHASE I (HICKMAN). �w.­..r. --------------- ------------------------------- w. rear sp a. i.�.L a'.sy+w Mayor Suarez: Item 23. Commissioner Dawkins: I seconded it, I think. Commissioner De Yurre... Vice Mayor Plummer: I'll move it, but I want to know what they are going to do. Commissioner Alonso: Well actually, this is just a legal move to reject... Mr. Herb Bailey: All right. We are rejecting some previous proposals we have received when we first went out four years ago... Vice Mayor Plummer: Fine. It's not what you are going to do, it's what you are not going to do. Mr. Bailey: That's what we are not going to... right. Mayor Suarez: OK. So moved. Commissioner Alonso: No, this is just to... and I guess this is necessarily from the legal point of view, right? Mr_ Farnanda7- vac_ rnrrart_ r�s ill..ia.Oe ....... yae."M.r: . arsr r.`r.i'..r aC ansi ai c.Y.rasr+r.m �r�sa�r rr a4 r�ttr—i iz�aa auss feilYi�.ft+c. . mm" 31 (A) VICE MAYOR PLUMMER URGES THE ADMINISTRATION TO MEET WITH ATebST AGENT FOR ALFRED I DUPONI BUILDING CONCERNING THEIR L PROPOSAL FOR SALE OF THEIR BUILDING, IN CONNECTION WITH CITY PLANS TO BUILD / ACQUIRE A NEW ADMINISTRATION BUILDING. (B) DECLARE A U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -OWNED LAND (275 N.W. 2 STREET) IN CONNECTION WITH CONSTRUCTION OF A NEW ADMINISTRATION BUILDING - SET PUBLIC HEARING FOR REVIEW OF R.F.P. CONCERNING DEVELOPMENT OF NEW CITY ADMINISTRATION BUILDING (PHASE II) - DISCUSS LATEST OFFER BY REPRESENTATIVES OF ALFRED I. DUPONT BUILDING FOR SALE OF THEIR PROPERTY, AT PUBLIC HEARING. Mayor Suarez: Item 24. Commissioner Alonso: Yes. I will move on this item. I'll need some clarifications on some points. Commissioner Dawkins: Second. Commissioner Alonso: And this is in reference to the land. I asked a year ago for the administration to look into the matter to see if the property is still available, or in possession by the City of Miami. There is a reverse clause as I understand, and I discussed this with the City Manager at the time when I was given the assignment to look into the administration building, and I want to say it again, be certain that at the same time that we approve this item, we will look into the matter to be certain that we don't have any legal problems, and that the County, it's clear, that this land belongs to the City of Miami. And I don't understand why we gave that clause to the County to begin with, because when the land was donated, it was a trade, and the City Attorney can correct me if I am wrong. It was a trade of land. We gave them land in exchange for this piece of property. So I don't know why we gave them that clause that says it was going to go back to them after a certain time. Vice Mayor Plummer: They put it in every one of them. Commissioner Alonso: I don't understand why we have done that in the past, F and why sometime, we continue to do so. But it's important that both _the legal department as well as the administration look into this matter and make it very :clear that this land is the property of the City of Miami, and that the County has nothing to do with it. Mr. Carlos Smith: We will make sure that we do clear that up before we incur any expenses. Vice Mayor Plummer: It's there. Commissioner Alonso: OK. And also one other question. The RFP (Request for Proposal) will come back to us, of course? Mr. Herb Bailey: Yes. This is just authorizing, us to write it. Commissioner Alonso: OK. Thank you. Vice Mayor Plummer. Mr. Mayor, I. had asked the administration to meet with .the people of the Alfred I. DuPont building. I have not heard anything back. Mayor Suarez: They took you seriously on that. Vice Mayor Plummer: I'm going to... until the day I die, I am going to prove somebody wrong. Mr. Bailey: What we've done Commissioner, I'm glad you brought that up, w have not precluded any possibility of discussing... Vice Mayor Plummer: Sir, that was not what I was talking about. The agent was here at the last meeting, who indicated chat the City could buy two 4 hundred and eighty thousand square feet for approximately seven million dollars ($7,000,000). 77 June Z0,81 Mayor Uarezt We should get theit lowest, absolutely lowest quote. CoMi3sioher Dawkins: But he would not sell us the floor where the commercial was• Mr. Bailey: Of the retailoot Vice Mayor Plummer: the first floor. Commissioner Dawkins: That's right. Vice Mayor Plummer: That would be an additional three million dollars ($300009000). 1 understand that. Commissioner Dawkins: OK* t g'; a: Mayor Suarez: We should get their absolutely lowest quote and the parameters... Vice Mayor Plummer: That's what I was asking. 0 Mayor Suarez: ... and bring it back to the Commission, Herb. Mr. Bailey: We'll do that. Vice Mayor Plummer: You see, Mr. Mayor, you know, sometimes you've got to look behind the parking columns. I found out that the reason, one of.the main reasons that the City turned that down, and remember, it includes four hundred -and -fifty parking spaces, was because it was valet parking - that it was ,a one-way ramp. We all acknowledge the fact that there is money to be spent to fix -it up, to renovate it, and even general maintenance. But I still am of the: contention if you can buy that building for seven milliondollars ($7,000,000) it is one of the best buys that this City -could ever=make. Commissioner De Yurrei Has ' anyone said whether they can you know, structurally make it a two-way ramp kind of thing? h I Vice Mayor. Plummer., Victor, from what Lunderstand, the answer. is!'no. . But` if we°have d hire, �asAhwhavethere presently, two people....Herbatold me'once before, to`'provide a parking structure for any'administration'building>of;Iour. x hundred and fifty spaces, was the equivalent of three to four million dollars. y� Am I in the ball park? 4. 1 Mr. Bailey: No, it's about eight thousand spaces. Vice Mayor Plumper: OK.' ' f= Commissioner ATonso: But it'`could'be a little bit confusing, our employees getting into the building, and then we have valet parking. I have ;problems with that. Vice Mayor Plummer: Well L excuse me. Miriam, 'that was only to' -overcome-, he 4t.x problem." What we are talking about in an administration building today,' doesn't include any parking and we are in excess of twenty mi l l ioh" dollars t k Y w ( 20,000;ODO)-=for'a hundred-and-fift thousand square feet. Now that s what am trying to come down, and somebody" prove me wrong. I still say to my � coll'eagues'that`I go back today one,`and the, eazanin ,�of"that building would make without .a doubt, the most gorgeous Commission chambers that any pity would`everrhave the pride of owning. ; Commissioner De"Yurre:{'That's true.` Vice:' Mayor Plummer: But when °they came" down to seven, million' dollars (7,O00,0Q0) for the purchase of that building,, technic itally, .in four' years, what we pay out now in rent, we would own , with four hundred and -fifty Yr par a king spaces. And personally have no problem with. selling the first fl+�or to somebody also for the retai 1 space. If we can get i t for seven' mill i011, 5 : dollars ($9,000'iOOO). o I'm just. • Canmissioner Alonso OK. If we are saying this and we ere kind of nodding and agreeing, and saying, we are going to do it, I just want to ,lot this s *� June 2! k i ��?,a t 8a �_zi}: �} Commisaion understand that it is a contradiction if we approve this it that a wo have in front of us. It will mean an RFP and it will be an exercise in futility passing this, if we are going to say that we are going to try the possibility to. Viet Mayor Plummer: Miriam... ' Commissioner Alonso: This building... Commissioner Alonso: 5o we better hold on this issue... Vice Mayor Plummer: Not at all. 1 Commissioner Alonso: ... because we will look like fools. a' Vice Mayor Plummer: Not at all. Commissioner Alonso: No? T. Vice Mayor Plummer: Let me say this to you. i Commissioner Alonso: It is a contradiction. It's a direct contradiction. Vice Mayor Plummer: I have asked that more or less in a personal vein, because this Commission has spoken to it more than once. OK? The only reason I asked the administration to get a clarification was, the last time we spoke to the issue, the amount of money was thirteen million dollars ($13,000,000). When the agent came here at the last meeting and said, the City could purchase it for seven, is why I asked them to do a clarification. That's all. Commissioner Alonso: Fine. But 1f that is the case, then we have to be sure , if we have... _. Commissioner Dawkins, Wait -a minute, hold it. I didn't hear... what J.L. " said, now? I'm sorry, I wasn't in here. What J.L. said, because I don't v agree:with it. I know that. I'm here. What you said? Vice Mayor Plummer: I- asked for the administration just to do for me a run - down and an evaluation of the Alfred I. DuPont building. And that was only predicated on the tact that when we spoke with these people previously, it was thirteen million dollars - the agent on the record here, came forth and said, excluding the first floor,we-could buy it for seven. Commissioner Dawkins But that does not preclude our going on with the RFP to come back to build a new building? °} Commissioner Alonso: Yes. L Vice Mayor Plummer: Not at all, sir. I just asked for an evaluation`, and I haven't seen the evaluation. Commissioner Dawkins: OK. That's... I just want to know that we can go ahead and put the RFP out to build::a new building onthat site, and``let the RFP',come. , back at. the same time your report come back. . Vice Mayor Plummer: OK. ' ;- Commissioner,Dawkins: OK, good. I have no problem with that. ,t Commissioner Alonso: At the same time, with your report, to coincide. :. Vice Mayor,Plummer; Now, that's correct. Let me bring up one other point Mr. a j Mayor, and this is I think... one of the proposers came to see' m' ,tad h' is expressed- a concern that I` think is a perfectly legitimate. concern. Mr, :.. Bailey.,. Mr. Bailey; Yes, Commissioner, Vice Mayor Plummer: .., y give me an estimate in your idea of what it would cost for a bidder to put forth a proposal of the RFP that you anticipate ` q. putting out. I have been told... �. a 79 June 20� . 1 d �a u ix dy' fyj� 9n •'tC yr,. ��^^ •t� yti Ciu+nmi ssi onew' Dawkins: ` Hold it now. Mr o Dailey is not i ns sting on that # i � atri Vice Mayor Plummer: OK. i... I CO mi ssi ones ' Dawkins: See, 1 et, s don't put this monkey on the i administration's back. Miller Dawkins is requesting that this RFP go out. Vice Mayor Plummer: Sir, I'm not putting the monkey. Commissioner Dawkins: OK then. All right. Vice Mayor Plummer, I'm asking what Mr. Bailey feels would be the estimated cost of any proposer to respond to the RFP. The proposer that came to see me l indicated that it would cost him between fifty and seventy thousand dollars... Commissioner Dawkins: OK. Vice Mayor Plummer: ... to put forth a proposal to answer the RFP, and that there was no absolute guarantee that the City was going to do anything. And they'are concerned about rolling the dice, is there terminology. Commissioner Dawkins: OK. Commissioner Alonsos Is it true? Vice Mayor Plumners That's why, what is your estimation that a proposer would have to spend to address the RFP? Mr. Bailey: As completely related to how competitive they want to be, the fifty thousand dollar figure is not unrealistic, however, we don't require i - that amount of information. But when they start competing, each one trying to make a, better they do spend anywhere between fifty and a hundred thousand dollars`on'certain proposals. Commissioner Dawkins: OK. Let me ask you a question then, Mr. Bailey. t Vice Mayor Plum er: See, that was the concern. .n i Mr.'Bailey: Right. Commissioner Dawkins: On every project that an RFP is put out on, do they pend money prior to -getting the bid, or do they get the bid and decide that j p g y theare oing to send the money? A h. s Mr. Bailey: They spend the money prior for the preparation. Commissioner Dawkins: All right, so therefore, what we are going to do now is _ no different than what we do on every RFP? Is that a correct statement? Mr. Bailey: That's correct. Commissioner Dawkins: So the individual"who does not want to spend the"fifty 4 thousand dollars, hat a right not to spend it and don't compete, orhehas:a j' right to spend it and compete. Would that be a fair statement? i t Mr. Bailey; Right. He can spend,,. we don't put,any limitations on how small -� or howmuch- .,.-3 Commissioner Dawkins: No, no, no. That's not,'my question. My question to you is, if 1t costs sixty thousand, seventy thousand, eighty thousand, or 'a s,r hundred thousand dollars to, prepare my RFP, if,'I .don't feet that in my business that I've got to spend this to be competitive. in order to get the ;{ btd; I ,don't have to spend it,{ :do I?`' Mr, Baileys That's their decision. You're correct, - Vice Mayor Plummets Excuse me, Dawkins, you!re missing the point. Commissioner Dawkins; OK. � : i3i1 JU00 20, loot i Vice Mayor Plummer: The point is, they'll be happy to spend fifty, seventy, a hundred thousand dollars if there is some guarantee that this Commission is in fact, going to :make an award. Commissioner Dawkins But nobody else is putting that stipulation on me. They are going ahead and bid. So that individual cannot make me promise him I am going to do something because..6 so he can bid no more than the people who are willing to bid without that stipulation, J.L. Vice Mayor Plummer: Most RFPs are designed to create a project which has already been approved. DK? Commissioner Dawkins: No, J.L. Yes, in every City Commission, but the City of Miami, yes. Vice Mayor Plummer: Well, for example... Commissioner Dawkins: OK. 1 Vice Mayor Plummer: ... Dinner Key Boatyard, it was established that we were definitely going to go to a private concern and in the RFP, they spent seventy, eighty thousand dollars to attain, or try to be the successful bidder. Here, there is no absolute guarantee. Commissioner Dawkins: OK. All right, I'll make a motion. Vice Mayor Plummer: I'm listening. Commissioner Dawkins: That this Commission go on record now that it is going ; to build an administration building. Now fish or cut bait. Mayor Suarez: So moved. If that is a motion of purpose that needs... for the } reasons argued by the Commissioners to be on the record, and I have a feeling that probably, it is a good idea. Yes, Commissioner. Commissioner Alonso: I second, but this is for discussion. t Commissioner Dawkins: Yes. f Commissioner Alonso: If this is the case, and Commissioner Plummer, you seem to be. very concerned about that point, I guess we all are, because I think when we put an RFP, we should be serious about going to the direction we are saying we are going to,,otherwise, it is defeating the purpose of the motion, but isn't that a contradiction then by the question that you asked about -;the property and information to coincide, and come back to us? What will,prevent that.this property might be more attractive than building at the new facility? And that's why I say, let's get this clear. Because it seems to me that your :. two comments are in contradiction of what we are discussing right now._ If we are saying, go for the RFP for the new building, and at the same time, we are instructing the administration to look into this property to buy, it means that maybe, we will build, or we will buy that existing facility -by -which the owners will not have to spend fifty to a hundred thousand dollars to come with a proposal. ;It seem to me that; it's not fair. And then,:. we should know exactly which .way we go. s Vice:Mayor Plummer:. That;'s the point I was trying to make. h' Commissioner Dawkins: OK. Madam Commissioner, I've said from day one, I've ; voted from day one, and I will be voting in 1994 because I will be reelected in '93..., Vice Mayor Plummer: Not if we've got anything tq do with it. 7t Mayor Suarez: All right, that having disposed the future electoral plans up here. Commissioner Dawkins: ... that we should build a new buildings I said,:;I wi11 be� voting with the RFP. I will tell my good colleague J.L. Pluprner�v :t. voted against the.DuPont Plaza three times, Vice MAyo.r.Plummer; Not the Plaza. $l Julie 20, 1991 x7., *T„r�=t;1-s.'ti.Y'q.aaert ... ��z P bk,�y£�i{�✓ Commissioner Dawkins- Today will be the Fourth time, and the next time he brings it up, Will be the fifth time. So I will be voting for the RFP to s build a new building because they cannot show me how that building can meet My needs for parking, renovation, and nobody even told whether it has got asbestos in it, or not. They just keep coming up telling me everything. So, I give him his right to have it assayed, evaluated, exterminated for termites, or whatever, and bring it back. But I am for building a new building. Put out the RFP, bring it back, let's do the new building. { Mayor Suarez: If you keep reducing the price on that A. I. DuPont, pretty soon I am going to be on your band wagon. In fact, if they give it to us v outright, then I'll definitely be on your band wagon, but we are getting pretty close to that. We are getting pretty close to that. I hope you get those figures, because I want to look at them. Vice Mayor Plummer: I asked the administration. Commissioner Dawkins: Then I'll have to vote for it. Mayor Suarez: And we'll get Miller. Pretty soon, we'll have three votes on it. Commissioner Dawkins: That's right. Vice Mayor Plummer: I asked the administration the last time to go back at the most recent offer and speak with the agent, and obviously, they misunderstood what I said. Mayor Suarez: Yes, the mix of retail may not be exactly the... Vice Mayor Plummer: Well, hey, the option was there. If you wanted the retail, it was another three million dollars ($3,000,000). Mayor Suarez: But that's what makes it less expensive I guess, is from the latest idea of letting them have the first floor for retail. Commissioner Dawkins: Maybe J.L. understood, but I did not understand the individual to say that the retail that went with the building to be reasonable. Vice Mayor Plummer: Excuse me. Commissioner Dawkins: For a reasonable price. Now, I'm not saying, he didn't say that. I am saying,`I did not understand him to say that they would let us have the retail part of the building which would make it competitive enough x_ for me to buy. Vice Mayor Plummer: Well that was and additional... he said on the record, an additional three million dollars ($3,000,000). i Mayor Suarez: All right. As to that, I would be interested in the City... Commissioner Alonso: If that is the case, wouldn't it be wise to say, we are approving item 24, but subject to looking at the numbers about this building, July ttth? - and if not, to proceed with the RFP. Because otherwise, we are making no, sense whatsoever. At the same time we are saying, yes, we want to, hear about the numbers,,and yes, we want to hire on an RFP. To me, it doesn't make any sense. Commissioner De Yurre OK. But isn't the RFP only... Commissioner Dawkins: OK. I agree with Commissioner... Commissioner De Yurre: Alonso. Commissioner Dawkins: ... Alonso. Either you have to say yes, or no There is no sense in us sitting up here saying yes, no, or maybe. I mean, comel on, today, you have to say we are going to build a building or we are not going to build a building. Don't say that i am going to come back after II ovk,at this, and then next week I am going to come back, and then you -are going to come up with something else, and then it's going to be the next meeting, and then you're going to come back at the next meeting and it's 'going"to be 82 Junes, 1991 _. _ M".,,,,YY'�'+:.. �'� t3 ' .S 1 . , �"4'�`a.l�`s✓+C€ik�i? t^ �a.d tfiS 'fit t}T't,, 3 �4 something else, Commissioner Alonso, I've been going through this for tern years, Commissioner Alonso= I know. Commissioner Dawkins: OK? And J.L. Plummer can tell you, he has been going through it for twenty years. ,j Vito Mayor Plummer: Yes, but you see. I have the recollection of the twenty ; years, that three times, we have gone to the voters to approve a new City Hall administration building, and three times, the voters have overwhelmingly turned it down. So I am remembering that also. Mayor Suarez: And it will if you put it to them again. ;4 Vice Mayor Plummer: Well. OK. Mayor Suarez: All right. Commissioner De Yurre: Now, but Mr. Mayor, aren't we talking about... Mayor Suarez: Commissioner De Yurre. = Commissioner De Yurre: ... preparing the RFP that's going to come to us again for final approval? Mayor Suarez: Yes. Commissioner De Yurre: During that period of time, we are going to get the figures back on the DuPont... Commissioner Alonso: We will examine. Commissioner De Yurre: ... you know, the I DuPont building, and we wi11 know whether to go ahead or not. That's it. Commissioner Alonso: What we can do is - exactly - coincide with that date, and'then if not, we will not... we will vote one way or the other. _ Commissioner De Yurre: And that will be the end of it. r _ Mr. Smith: Mr. Mayor. Mayor Suarez: There is a majority, if not a large consensus here that wants to proceed. Vice Mayor Plummer: Now I am sorry I brought it up, because I've confused the issue. , Mayor Suarez: Yes - do that a lot. Mr.,Bailey: May I offer a suggestion? We will call the DuPont... Mayor Suarez: Wait, wait, watt, Herb. i. Mr. Bailey: Or, OK h 1 Mayor-,Suarez:,<Let.me-just...-let's state where we are and then you can offer.* all' the suggestions you want. There is one of us that wants to look 'at another -important alternative, and that's J.L., and.I am getting more ano more intereated, the;more,ahey.reduce'the price. There is one of'us who is against>: building "a new 'adminlstrati on building, because I don't think,., and that's = : myself, be+�ause I don't think we need it. I think we can use existing spa�oe somehow, and slowly retrench on our staffing levels, And also take ., somehow, Wse the Olympia building and, concentrate on that. And there are three of you who are pretty decided -on moving forward on the administration building. So I think .there is a clear signal to the administration that three, 'maybe four of us Want to ultimately build an administration building, If. ,we want to vote on the motion of Commissioner Dawkins to that effect, we can do' so, but I think it's clear. You've stated on the record your views, Commissioner Alonso, Commissioner De Yurre, Commissioner Dawkins want to have 'f d"new administration building. Commissioner Plummer may, depending on whit, r, alternatives are from existing buildings, specifically the I. DuPont building, and that's where we area Is that enough signals to you Herb, to proceed? Mr. Dailey: Yes. I would... Mayor Suarez: I mean other than to vote on this item, obviously. 1 Mr. Bailey: Well, I was just going to suggest something to some of you. We wont issue the RFP until after we have gone through the evaluation of the E DuPont building. We will call the agent this week and have a meeting. If you approve us... give us the authority to do the RFP, we will just hold off until we've gone through the evaluation, and then we don't have to come back again. Commissioner Alonso: No. That's exactly what we are proposing. To vote on this today and then to come back with the numbers about the DuPont plus the RFP, and then we make a decision. Commissioner De Yurre: Well the thing is, don't stop working on the RFP. Proceed with it, and... Mr. Bailey: We won't. We'll just wait until we do the evaluation. Commissioner De Yurre: No, no, no. Mr. Smith: Commissioner. Commissioner De Yurre: Proceed with the RFP process. Mr. Smith: This resolution calls for a public hearing on July 11th, regarding this RFP. Commissioner De Yurre: OK. Mr. Smith: So at that point in time, we should be able to come back with the numbers. Mayor Suarez: _Oh, proceed to prepare,-that.'s what he means. Proceed to prepare. Commissioner De Yurre: So by that time we've got the numbers. Commissioner Alonso: Proceed to prepare. Yes. Commissioner De Yurre: OK.i Fine. Mr. Smith: Right. So we will proceed to prepare, we'll come back for the public hearing and we will have the numbers. Mayor Suarez: And simultaneously, get this information .and we can always 'f derail. s Commissioner Alonso: Exactly. Yes. Mr. Bailey: Yes, we will prepare. We just don't send'it out until, you know. All right. _z Mayor Suarez: Very good. OK. Commissioner Alonso: OK, so take a vote. 1A'k l 1 5 1 `` f M1ts •"1 S'C 1t f,} � Vice Mayor Plumr�dr: to proceed? f Mr. Fernandev That's right. — Vice Mayor Plumper: OK. The only question I am asking on twenty-four, and I just.want to put it on the record. As I have discussed with Herb Bailey and with Mr. Shepard, the international Trade Board does exist in the... Commissioner Alonso: But that's our next item. Mr. Bailey: Next item. 3 y; Vice Mayor Plummer: Excuse me? Commissioner Alonso: Yes. Commissioner Dawkins: J.L. Plummer don't even know where we are. Commissioner Alonso: Next item. „ r Vice Mayor Plummer: Oh, I'm sorry. Commissioner Alonso: Yes. Vice Mayor Plummer: I'm sorry. Commissioner Dawkins: That's all right. Commissioner Alonso: This is just the RFP, for the new administration ; building. Next item is the lease. Vice.Mayor Plummer: OK. Mayor Suarez: All right. Call the roll. The following resolution was introduced by.Comniss.ioner Alonso, who moved i is .adoption: RESOLUTION NO. 91-435 A,RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD. TO.DEVELOP :CERTAIN IMPROVEMENTS ON DESIGNATED CITY OWNED. LAND .IS BY :,A UNIFIED; DEVELOPMENT PROJECT (UDP).; AUTHORIZING; THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR A UDP, AND -CONFIRMING''.: ,FOR'PROPOSALS:(RFP) THE SETTING OF' X PUBLIC HEARING FOR JULY 11, 1991 AT 11:00 A.M. TO TAKE TESTIMONY REGARDING SAID,,RFP FOR g THE DEVELOPMENT,, OF A CITY HALL .,.AND,.' PHASE II ADMINISTRATIVE OFFICES .ON ;CITY -OW ED LAND LOCATED r. ADaACENT'T0 275 NORTHWEST 2ND STREET, MIAMI, FLORIDA, COMMONLY. KNOWN :AS- THE CITY:_ ADMINISTRATION B,UILDING,;PHASE'I; AND AT THE CONCLUSION 'OF THE PUBLIC HEARING TO AUTHORIZE THE ISSUANCE OF'A RFP,.SEI.ECT A CERTIFIED PUBLIC ACCOUNTING' FIRM AND APPOINT MEMBERS" OF A REVIEW COMMITTEE TO EVALUATE' PROPOSALS' AND REPORT ,f ITS FINDINGS TO THE; CITY - MANAGER AS, REQUIRED BY : THE 'CITY CHARTER AND CODE.•:. xx .. (HeP follows, body; of resolution,, -,:-omitted hey and on 'the file in the Office _of City Clerk.) �x Upon being seconded by .Commissioner pawkins, the resolution was passed r and adopted by the following vote: .h y4trs y C �� i x NO h �r tti. h lE�ais' S� Y y AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J► L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ASSENT: Commissioner Miller J. Dawkins. .ri�ilitlfi�iGitirrYriYYWr.:.:ai�riw.rr�rri.rL�rYi r..r..Y.rrrrrr �irrli Yf.Y..i+arWr:i.icrri. rJ. Gbir •rW Yrrl�iili.fW l�.rimr 39. EXECUTE AGREEMENT WITH BAYVIEW ASSOCIATES, INC., FOR LEASE OF 90,000 SQUARE FEET OF OFFICE SPACE AT THE DUPONT PLAZA CENTER - FOR CONSOLIDATION OF CITY DEPARTMENTS. ' rrr--rrrrrr--r-------rrr-----r—r---------------------.err—rr----------- ----- j Mayor Suarez: All right, item 25. i Mr. Bailey: We have, at your instructions, concluded... Commissioner Dawkins: Move it. Mr. Bailey: ... the lease... Mayor Suarez: I guess he is not outside the chambers. Vice Mayor Plummer: A voice in the woods. t Mayor Suarez: A voice clamoring in the... Mr. Bailey: Was that a serious, or not? Mayor Suarez: It's a motion. Mr. Bailey: It's a motion. We've concluded our negotiating of the lease and we havebefore you, all of those items of which you have recommended that we consider, and we've met with the owner of the property of the DuPont Plaza, which we- are ,all in agreement with these terms. There is just one modification that we would like to suggest after we've... based on what we've had to: determine I think,_ allocating all of the space for all of the departments, we came up to what the real numbers should be. And on item one on page; four,, we would just like to say, not less than ninety thousand square feet as opposed to an absolute ninety thousand square feet. Mainly because when'we-got all of. the departments to -submit all. of their needs, we ran a few F:y thousand square feet over not that many. It's about ninety-three thousand. I think in front; of you, which you asked for the calculations, we have — provided those for you, and you can see exactly what each department is being allocated. And that's bare bones, no excess in .there at all.- But we did run just a little bit over - under ninety-five thousand, but more than ninety.So we want to say, not less than ninety thousand square feet in their lease. That's the only change we want to ask for. Mayor Suarez: We've met, or they've met, and we've jointly 'met the parameters of : keeps ng the relocation cost, within ::their _al 1 ow'ance?, Mr: Bailey: Yes. - Mayor. Suarez: And there are no hidden tricks here, or problems?.I don't want � to 'say .tricks, I know they are not ` tricky folks, but in terms of what � the "w t space actually looks like? I mean,.I heard-some°talk about foyer -space hav np .. to be.changed and hallway space, and ballroom;.. did somebody say something° about a -,ballroom having to be.., } Mr. Bailey: No, if you will like for us show it... Vice Mayor Plummer: Yes. That's part of the lease space. Mr. Bailey: Yes, it's part of the lease space. Our staff -has done a... Mayor- Suarez; You're convinced that that balbroom can be turned into something that people would like to .work, you know, have the kifids of working conditions that they are entitled to? 66 June 20# 1991 r'} Mr'Bailays Absolutely. We have all of the layouts. Our staff has been working night and day for the past three weeks on it, and every department has seen their allocation and the layout, and they have agreed to it. It's quite extensive. _ Vice Mayor Plummer: I've not agreed to the International Trade Board's lease. Mr. Baileyt We would be glad to show it to you. We did bring the charts and boards here, but 1 think it's a might much. But we have met with every department and they all have agreed to the layout and the calculation, based on those layouts fits within these parameters. Mayor Suarez: What about parking, Herb? Mr. Bailey: The parking - two hundred spaces. We will have to use a hundred - and fifty spaces over at Centrust. That was discussed at the last meeting also. Mayor Suarez: At the parking garage? - our own parking garage. ' Mr. Bailey:- Yes, our own parking garage. Mayor Suarez: Or DOSP's parking garage. Vice Mayor Plummer: And there are five spaces reserved for the Commissioners? Mr. Bailey: Five spaces. Commissioner Alonso: Six. Mr. Bailey: Five spaces reserved... Commissioner Alonso: Six. Mr.'Bailey: Six. Vice Mayor Plummer: Six? Who is the sixth one? Commissioner Alonso: The City Manager. vice Mayor Plummer:We don't want him there. Commissioner Alonso: Two hundred covered spaces. Mr. Bailey: Two hundred covered spaces. Mayor. Suarez: All right, we have a presentation from a competitor, for the lack of a better word. Mr.- Guillermo Freixas: Mr. Mayor, my name is Guillermo Freixas, I represent MCF Corporation, and the City lease some space from us now. I heard in the motion previously, I think now is the concession that `the City Commission _ wants to move -ahead with building their own building. I think that the main idea that Commissioner Alonso had, and this Committee of one, and this Commission"; was to "save money for the City in the interim between now andythe £ time you,, -go ahead with your building and build 'it*i have met with... Commissioner Alonso and some of you, and I have no problems with Mr. Shepard and 'leasing his DuPont Plaza, and Mr. Bercow, who is a fine gentleman. I think their lease... not ninety-three thousand but a hundred and. thirty thousand'if' they have them available. What I am trying to do, is give the City maybe, a better deal for fourteen thousand or fifteen .thousand square f feet that 'is left in our building, .a. Mr. Sailey. I am not concerned about that, We talked about that yesterday, and..• Mr. Freixas; I met with Commissioner Alonso and I suggested, The rent 1n the. DuPont Playa building -and by no means, I am criticizing any of the 41011 a ,F is more around fourteen dollars a square foot than it i ten fifty`s '"it, elevbn,dollars a foot.; You have to give three months up front deposl s, vhiCh you'pey in the last three months of your lease•.. 89 June , 1991 h e RN g tk Yie. P i':. tr,1 s•G� ai���� �f r 4"b x r Mayor Suarez: Wait, wait, wait. Are you saying that we are being required to Out a deposit? - good faith deposit? Mr. Freixas: You're putting a first month, last month, and a month security. That's two hundred and forty-seven thousand dollars. Mayor Suarez: I'm glad you brought that up. Mr. Freixas: OK. Mayor Suarez: We are having to post deposits, security deposits of good faith and of good conduct?... Mr. Freixas: Mr. Mayor... Mayor Suarez: ... with a tenant who certainly knows us. ;1 Mr. Freixas: ... if you let me go through, I'll get to the fourteen dollars. Mayor Suarez: No, I want to answer that question right now. You know, I know that in the private sector this is typically done, but we've got government here, and we've got an entity with which we've been dealing for many years, why should we have to have deposits up? Mr. Bailey: The negotiating process, as we discussed it, trying to come down to a final agreement, it was brought out very clearly and I did not disagree, that the amount of building improvements that have to be made, which is not. our cost, which is going to have to be a lot of changes, you know, handicap and a lot of other things, is quite extensive, and very expensive. Mr. Freixas: I can tell you, when you lease my space, we need to... Mr. -Baileys 'Let me finish, Billy. I would like -to finish. Mayor Suarez: Wait, wait, wait. I just want' to know why we have to pul i security deposits'. Mr. Bailey: It's not a security deposit. So what we finally... Mayor' Suarez: Advance deposit, -escrow deposit, deposit, -money: - Why do we have'to give -him an money, other than the monthly rent? y Y, y :a Mr. Baileyi For theconsiderationof all the building changes that have to be made, the cost of our occupying the space, we finally agreed on, that.we would- notpay -a security, we would not pay the first month's rent, but because we have a ninety day termination clause that we will pay the last three months in advance, so we can get the improvements started. This is not unusual. Mayor Suarez: OK. Wait a minute now, you've said something interesting. We have a ninety day cancellation clause? Mr. Bailey: Well, we've got four years. We expect to be finished with the new building in time enough -to move... Mayor Suarez: No, no,:Herb, but I am going back to your other statement,;which,._ P makes some Sense to me. We have a ninety day cancellation clause. i Mr. Baileys Notification. Mayor Suarez: Notification'to cancel. Mr. Bailey:. Notification when we... because the tease expires in four years and if it doesn't expire... I just... Mayor Suarez: And so the idea is that`we will deposit three,months' rent to cover those ninety days? Is that the idea? l' Mr. Bailey; I paid the last three months' rent up front so that When we got It ready to move, we would have to have that cast. Because it was the intention of moving into the new building after four years. If, we don ,, we , hgve pan automatic: renewal of one year at the DuPont building for which it +goes over. 88 ,dune�1, I e `the Cost is very substantial to make and it is not unusual, if we make all of the modification that we have it happens 1n every lease. Mayor Suarez: I don't think we should make any advance deposits. Go ahead. Commissioner De Yurre: So we can make them a loan. Make them a loan. Mayor Suarez: Sure, we could do a lot of things. We could give them security in many ways, except cash. I don't see why we should be giving them our cash. I Mra, Freixas: Mr. Mayor, what you are doing, you're paying the last three { months of your lease that is four years. In other words, You will be paying ' for three years and nine months every month, and then when you get to the three years and nine months, you don't pay your ten, eleven, or twelve that's it. Mayor Suarez: He said that, he said that. We understood that. We don't need any further clarification. Mr. Freixas: But what I am saying to... Mayor Suarez: What is your point, Billy? Mr. Freixas: My point is that two hundred and forty-seven dollars interest every year is costing the City of Miami twenty-five thousand dollars every year more in interest that you don't receive. Mayor Suarez: I don't know if that's the figure, but it's costing us some amount. I don't see why we should be paying it, I already said that, so. Mr. Freixas: Well, let's say it's not the figure. It's seventeen thousand dollars. On top of that, you've have on page seven, the tenant shall maintain to the term of this lease general liability insurance covering the lease premises. On my building, we pay for that. Now, this is an additional cost you have. On top of that, you have to pay them twenty dollars... Mayor Suarez: Let me ask a question. Commissioner De Yurre, I forgot, who typically 'pays liability, or casualty insurance on buildings? Does it:depend totally on the deal, or...? Commissioner De Yurre: Everything is subject to working out a deal you know, between 'the parties.- But usually, you are required to have insurance. Mayor Suarez: The tenant usually pays it. Commissioner Alonso: The tenant. Commissioner De Yurre: The tenant. Commissioner Alonso: Usually. Vice Mayor Plummer: You're protecting your own interest. Mayor Suarez: OK. You were paying it in your case? - as landlord. Mr. Freixas: In my case, we're paying it. That's an additional cost you have. Mayor Suarez: What's the cost per square foot you estimate? Mr. Freixas: About twenty-five cents, thirty cents - on insurance. Mayon Suarez All right. Mr, Freixas: So now you have roughly, eighty-six cents between the two things, and we compound that. On top of that, you have, that you have to give a deposit of twenty dollars per card to go inside of the building, Mayor Suarez: A what? Mr, Freixas: You have to give them, per your lease, twenty dollars per each card - you know, to go inside of the parking structure. 69 June: 20. 1291 asak Mayor Suarez: Weil that's for the loss of the card, I guess. — Mr;. Freixas: No. Loss of the card cost you fifty bucks, if you lose it* but if... just to issue the cards cost you twenty dollars, So that's two hundred dollars... Mayor Suarez: Folks, the more I hear the more this sounds like we are dealing with people who are not trustworthy, and not with the City of Miami. Something is wrong here. I don't like this at all. Mr. Freixas: But it gets... the other point that I am trying... f Mayor Suarez: Twenty dollar deposit to cover what? If they lose it, they have to pay fifty dollars more. Mr. Bailey: Twenty dollars, the issuance of the card. If you lose it, you've got to pay fifty dollars for each card you, lost. Mayor Suarez: So what's does the twenty dollars cover? Mr. Freixas: That's the cost of issuing your card. I mean, if you go to get two hundred parking spaces, you're going to be charged twenty dollars per card, to issue the card. And they have it, they keep it. That's already four thousand dollars you've got to... Vice Mayor Plummer: if I give them back the card, do I get the twenty dollars back? Mr. Freixas: Yes, four years from now - if you don't lose any. If you lose any, it will cost you fifty. Mayor Suarez: Or if you forget -too, because a lot of people are going to forget. Maybe, not our employees though, they will remember. Mr. Freixas: The allowance that 1s specified in your lease is'four dollars and fifty, cents per square foot, but it rounds it out -to three hundred and thirty thousand;,seven hundred and fifty. Y Mayor Suarez: No, it should not. You should have included him in the° negotiations. He is trying to undo the deal, we would have gotten abetter deal ,` k Mr. Freixas: Another thing that it says here is that the electrical, that is on item:Il -the electrical capability -,is only bringing to the parameter: From there>on you've got to bring your cost. But be that as it may... Mayor Suarez: But we've built that in to our allowances, yes. Fr.. Commissioner Alonso: At cost? Mayor Suarez: We've got that now calculated. So the main ticket item is this three month advance payment which I don't like'at all. 77 �k Mr. Freixas: But waita minute. You have a hundred and fifty parking - spaces y that you have to go. Commissioner Alonso: How many? Mr. Freixas: A;hundred and fifty you h x ave to relit at your municipal building. Mayor Suarez: Yes, it said that. They said that. i+{5 Mr. Freixas: OK. What I am trying to tell you, Mr. Mayor .and yti Commissioners... Mayor Suarez: Youfre not.going to propose that the parking -situation at°..Pout' ; building was better, because 1t was a disaster. Mr. Freixas: Well it's not, but it's free. Its nuts but It'.s::free ,` Somehow It's free and we have managed to accommodate everybody and we have hired an attendant on site. h ry,rt w, 90 June 20, 1991 3f v ti y: BSc 5y tct y xFSFal�' a# i-• 'd a 17 Mayor ware;~: Wasn't your building the one6., j Commissioner Alonso: This is two hundred parking. Mayor Suarez: Wasn't his building the one that we used to have to take people over to 1n busses and stuff Commissioner Alonso: Yes. Mr. Freixas: That's over and done with. It doesn't happen anymore. Commissioner Dawkins: Yes. }, Commissioner Alonso: That's it. Mayor Suarez: Well, we did for a while, so. Mr. Freixas: You did for a while. Yes, you are right. But what I am trying to tell you, sir... Mayor Suarez: It was a mess. you have a cost for a hundred and fifty parking that you Mr. Freixas: ... ; have to: pay to the Off ­Street Parking Authority. That's going to come out from the budget of the City, and 1t is going to... Mayor Suarez: Well, that building has got about six or seven hundred spaces that are not being used. So I mean, it's not out-of-pocket to the City at the moment. Mr. Freixas: What I am trying to tell you, Mr.,Mayor, is that my offer, and this.,,: -is. only... what I, am trying to bring here is the dollar amount. I prepared and I offered Commissioner Alonso, and I offered some of you who have been `so: kind to -,meet with me, is, that I am -dollar for .dollar on. the fifteen thousand, square feet :,that; you, if you can. 1'eave he Finance Department, here, which is what.I am asking the City, I will match it dollar for dollar whatever proposal the DuPont Plaza has, and on top of that, I ` wi 1 l give the City i f ' k they, stay -four years , thi rty;.percent :equity participation :i n the bui,ldi ng�. At e_ the: end :of four, years, we appraise it, above and beyond what I owe the bank_ right now... RN Mayor Suarez: Well despite what Mr. Goldfarb likes to write, we are not in 4 the business of acquiring property. So we thank+you for giving us... 4 ; 1 Mr. Freixas: You are not going to acquire anything. You are just going to be the benefit...} Mayor Suarez: Well, if you give us an equity participation... Mr. benefit You'are going to be --.the benefit of some money given back as a. t refund at the end of four years. I don't think the City would mind. Commissioner De Yurre: How much is that building worth?Fx 1z Mr, Freixas: I_'m sorry? Commissioner De Yurre: How much is that building worth?, Mr. Freixas: We11, the appraisal that it has right now is three mi111on, r t eight.' We owe the -bank about two six,'two seven. hu Yl= Mayor.Suarez: =We get inctuded' in.the foreclosure if he.doesn"'t pay! 7r ` Mr. • F'rei xas; You. -.can do � that too. Carmissioner pe Yurre; So you are saying, i_t's a million dollars eciui-_ thaV s . those? a Mr. Freixa�es No, but we are; not 1ool�ing"at.it ri hi nQw, What we ara Iocking. ` et, is what that building is going to be worth four years from now, f } c: i it �- a r r r} ink that we get the ercent y of sty ,� , istioner 06 Yur,re: Yes out are you whetever the equity it? Mr.roixas: Of whatever the building is worth four years from now. 0-issioner Oe Yurra% From now? Above e and beyond what is owed four years from now. Mr. Freixas. ummers Well, that's different than equity. Vice Mayor. Pl you're Commissioner De Yurr e; But above and beyond what it is worth today saying. Mr. Frei xas Oh, it's better. Vice Mayor Plummer: No, no, no. Your equity in the building might not be a million eight, but the million is worth equity- million Freixas: Why? is worth to you as an individual. Vice Mayor Plummer: Equity is what i what I said. 1, participations that's ' Mr. Freixas. Equity p he+wPPn what You owe and what it's f.yK i T Mr, Freixas: And that you come and you keep my fifteen thousand a square feet. I am only comparing dollar for dollar what I will be offering the City on the basis of what you are paying here. That's all. Mayor Suarez: Yes, well the... some of the comparisons are relevant, some aren't. Commissioner Alonso: How much are you saying you will rent the space to us? - eleven dollars? Mr. Freixas: Well, if you take eleven dollars and you add up the other goodies you have in here, and I will let Mr. Bailey figure it out for me. Whatever that figure is, I'll match. Whatever your moving expenses, whatever your deposit, interest, whatever your you know, what you're going to do is add up what it is going to stay here, versus moving and what you are going to be paying, the eleven dollars, plus other things that are in this lease that you are not paying me. Mayor Suarez: The departments - we made a determination. Mr. Freixas: For instance, you don't pay me insurance. Mayor Suarez: Even if you convince us of all your numbers, and even if you matched it, we had made a determination that we wanted to consolidate, you know, all the offices. Mr. Freixas: Well Mr. Mayor, that's... Commissioner Alonso: That's the key. Commissioner De Yurre: It can't be... Bitty, it can't be all things being equal, ,because_ if it's all things being equal, then we'd rather be all together. Mayor Suarez That's the problem. Commissioner De Yurre: So it has to be a little bit better. OK, now, let me ask... Mr. Freixas: That's why I am giving you the thirty percent equity, number one. And number two... Mayor Suarez: And the equity is not really... Commissioner De Yurre: Billy, can you keep quiet for a second? Time out. If we are talking about the equity of that building four years from now, if you already have a million dollars' worth of equity, then you are saying that we already have three hundred thousand coming back to us? Mr..Freixas: Yes, you do. Yes. Commissioner De Yurre: OK? Mr: Freixas: Yes. Commissioner De Yurre So right off the bat we have three hundred thousand { dollars that we will get back. Of course, you wouldn't be 'able to refinance and you know, do anything else. 11 Mr. Freixas: What it is today. The amount of the debt we have today. -The amount of the debt that is today. Commissioner De Yurre: So you are saying that we stand to make at least, you know, because barring whatever the conditions are, but as it stands today, three hundred thousand dollars for the City. Mr. Freixas: Yes, sir, Commissioner De Yurre; What is the annual rent that you will be seeking from us? IV i� kY"J+w�I 4f�3iirlH ��n� *et 4 R'k Mr► Freixas: I haven't worked out the numbers, but I imagine for what you are goingl�. what it is going to be Costing you at the Dupont 01AIa • i • Commissioner De Yurre: What, a hundred and seventy five thousand a year? Mr. Freixas: It's going to cost you about fourteen dollars a square foot, give or take you know, a few cents. That's a total amount of what it is going to cost you..6 you expenses, if you take it per square foot. Commissioner De Yurre: So it's two hundred and.ten thousand a year? Mr. Freixas: Yes. Whatever it is, whatever that amounts to. Commissioner De Yurre: So you are saying that we would end up having a year and -a -half free rent? That's what it boils down to. Vice Mayor Plummer: My concern has to be... and you are the lawyer, equity in a building. For example, God forbid, that building goes into foreclosure, what equity is there? Mr. Jeffrey Bercow: It's in foreclosure. - Vice Mayor Plummer: Excuse me? Mr. Freixas: It is not in foreclosure. Vice Mayor Plummer: Excuse me? Mr. City Attorney... i Mr. Freixas: We are litigating with AmeriFirst.! Vice Mayor Plummer: I've got all this high price help that won't answer over here. Victor won't give me a pro bono on an answer. # Commissioner De Yurre: Well hold it. Hey, I've got it. It's all, you know, don't worry about it. Vice Mayor Plummer: What happens if the building, God forbid, goes into foreclosure, what does thirty percent equity amount to? a' Mr.'Fernandez:. Thirty percent of nothing is nothing. Vice Mayor Plummer: Thank you. Mr. Fernandez: You can always claim that you have a position that you would 3 hold second, or third, or fourth, to whomever else has primary interest. Commissioner De Yurre: OK. Mr. Fernandez: And then if interested, you can buy everybody else out,to- stay with the building a hundred percent. but you know what can be do .. Commissioner De Yurre: Now, done also, we are the a only''tenants there in'that building? Mr. Freixas: Right now, you are. if you keep the two floors which- is the Fp �. Finance Department, that was my proposition. The. third... ;pis Commissioner } De`Yurre: OK. Now, does the rental cover the mortgage payment? Mr. Freixas: Yes. Commissioner -De Yurre: So... n Mr. Freixas: 'But we already have an agreement to lease the.'third floors Commissioner De Yurre: Fine, gt Mr. Freixas: I mean, what I am saying to you is<that... Mr. Do Yurre: But what the City pays you, covers... F Mr, Freixas; Yes, it covers the mortgage. 94 June,.-20 tool r3�P•'c.sx,r�vT-,y ➢ Commissioner Do Yurre: the mortgage payment. Mr. Freixas: Yes. i Commissioner De Yurre: So conceivably, to avoid any kind of situation or foreclosure, the City could pay the mortgage directly... Mr. Bailey: We are doing that now. Commissioner De Yurre: ... and any difference would go... Mr6 Freixas: But, let me make the Commission privy to something because... t Mr. Bailey: We are doing that now, Commissioner. We pay the bank, we don't pay him. And you asked the question, we pay him four hundred and seventy -six - thousand dollars a year just for one department already. Comm ssioner_De Yurre: How much? Mr. Bailey: Four hundred and seventy-six thousand dollars a year, and it's at nineteen dollars a square foot. Commissioner De Yurre: For the fifteen thousand square feet? Mr, Bailey: Yes. Vice Mayor Plummer: No, that's for the three floors. Mr. Freixas: That's twenty-five thousand six hundred and fifty. Vice Mayor Plummer: He is proposing to go to two floors, so it would be less'.. - Mr. Bailey: Well he asked us what me will put. What our current rent was, Mr. Freixas couldn't remember it, and we have the numbers, and it's four seventy.-six,:whatever you want to use that for. Mr,. Freixas: No, no. I was talking about the... Mr. Bailey, the rent that i was referring to that Ms. Alonso asked me, was or Mr. De Yurre, was what the new rent was going to be. Mr. Bailey:, The new rent? t Mr..,Freixas: I said, I don't have those numbers here. - ... Mr. Baileys ; We don't either. f„ Mr. Freixas: The old rent, I know what it was. Yes, I know, but, that's,., only... thatIs-on three, f1oors and that's: at nineteen°dollars:a .square foot:=,. Commissioner De Yurre: Well, you know, I wouldn't mind entertaining, you Y know, ;having final figures exactly what we are talking about that it would cost the City, and comparing that... Commissioner Alonso: Have you looked at the numbers? Mr..Bailey: Even -at that, Commissioner, we've carrled:.outayour,instructions, �. we wait�to further instructions,_ but the mandate was to put everybody in;onei x building. And.that's what we've done.at a price that is.,... :; 3 =y, Commissioner. De. Yurre: I understand that. But this is not the first time this Commission has changed its mind, as you are well aware, ' Mr. Bailey; Weil, whatever you decide, let us know. Whatever you decide. Vice Mayor Plummer; Weill may I make this alt... xx Commissioner Do Yurre:- If it were to come to that, I am just inquiring. Just ` like J,L, inquiring about his DuPont building. z Commissioner Alonso: Is the building having problems now?.,� h�►vs'fipa�r� ' foreclosure. is that a fact? r 95 June " 0 199I " 4 4 r 1: Mr. Bailey: Well first of all, we are currently paying the rent to AmeriFirst, not to the company that is being represented, and that at everybody's agreement, their instruction. We don't have a problem with that. There is a parking problem for which... has been indicated that it is not sufficient, as always... been some concern, and I am not trying to be negative about the building but these are facts that are on the record. Now, I've sent for the memo that came from the Finance Department. But it has been some concern about the neighborhood on the overflow parking that's going on to the street. So, there are some concerns about the property. But as again, our instructions were to put everything in one building and that's what we have done. We have not reviewed any new proposed rates from them, because we were not instructed to do so, and even if you did, you will still not have what you originally told us to do, or everybody in one building. Mr. Freixas: Commissioner Alonso, if you let me address. Yes, we did have problems with parking at the beginning. Yes, we have put an attendant on site to direct the parking. I think that when you leave two floors and 1t be only finance, you alleviate that somewhat. Secondly, I wanted to address what Mr. Bailey, or Mr. Bercow said just a minute ago. The building... we are 1n litigation with AmeriFirst and the Resolution Trust. The building is not in foreclosure. We won the first round in front of a judge. We sent the City a copy of the judge's ruling that put us in control of the building. It has nothing to do with the building and the payments, because the payments, we agreed at the very beginning of this litigation that the City make the payments directly to AmeriFirst. And the payments have been made and the mortgages are up to date. We are litigating because of an internal problem we have with AmeriFirst in another parcel here in Coconut Grove that is financed as a package, and then we don't let it go for development. That was done over two years ago. So, I wanted to make the Commission aware of this and to be aware that the payments are being sent directly from you to them. So we will have no problems, you continuing to send the payments directly, if that will secure Mr. Plumner's concern of you know, if they go for foreclosure, and we don't pay. And yes, the rent of two floors will cover the mortgage payment. Mayor Suarez: Anything further of Mr. Freixas? If not, I want to... Mr. Freixas: Thank you, Mr. Mayor. Mayor.Suarez: Thank you, Bill. Mr. Bercow. 3 Mr. Jeffrey Bercow: Thank you. My name... Mayor Suarez: Can we not suggest that you waive this business of a three month deposit in advance? That's going to cost the City some amount. Mr. - r Freixas has given an estimate. Whatever amount it is, it seems to be an unnecessary amount. You have the good word of the City, you've got the full f faith and credit of the City on this contract, on this lease. We have. a ninety day cancellation notice period, but you're going to be paid every month on time, I think we are paying on time every month. Commissioner Alonso: I hope so. Mayor Suarez: I hope so. And I just don't see why you should have the use of that money for... if you want any other instrument, as Commissioner De Yurre suggested, of security of some sort, if there is any particular damages that would be occasioned by that, that are not contemplated in the lease, we can provide for that. But I don't see why we should have to put an advanced payment of the last... what it really is, is an advanced payment of the last three months, which you're going to have the use of thirty-nine months or forty-five months. Vice Mayor Plummer: Mr. Bercow, on behalf of your client, I understand that it is going to take a lot of dollars up front to make the changes that need to be made. Might I suggest to you... assuming this is approved, Herb, when would we start moving in? Mr. Fernandez: Within four months. Vice Mayor Plummer; Within four months. So that takes us almost to the first of the year. Mr. Mayor, I would have no problem with making the advanced payment up front to let them start getting the work done, and take it off the first three months, rather than the last. 96 June 20, 199i T` a i Mayor Suarez: I'd much rather do it that way. -Vice Mayor Plummer: So the interest doesn't build up. That's what I would suggest Mayor Suarez: All right. Vice Mayor Plummer: Now, let's get to the cards. Mr. Bercow: Yes, Mayor Suarez: I'd vote favorably to that, if you would accept that modification. Mr. Bailey: Right. =x�z Vice Mayor Plummer: I don't think it's fair, Mr. Bercow, that the City should have to pay twenty dollars a card. I do agree, if the City loses them and you have to reissue them, you know, it's our mistake, we should have to pay for Commissioner De Yurre: Yes, but no fifty dollars. Jesus, that's... Mayor Suarez: Fifty sounds real high. Vice Mayor Plummer: Well whatever the cost factor is, OK? Commissioner Alonso: Twenty. Mayor Suarez: Twenty, is more like it. Vice Mayor Plummer: Twenty dollars, I think that that's fair. But I think that the card should be issued to the City for the "X" number of spaces that we have in that facility, and if we Lose them, then we want additional cards, we have to pay for that. And if the fair fee is twenty dollars, then so be i it. I would agree that fifty dollars.is kind of high. Mayor Suarez: He already nodded yes when we said twenty. Vice Mayor Plummer: OK, Now Mr. Mayor, the only point that,I wanted -to make that I've expressed to you is,.I've talked to Mr::Shepard and.I've.tai,ked with Mr -,-Bailey - as you know,: -the International Trade Board does <exist "in that particular building, and that I would like to have, where we could have'a }y boardroom in the ITS... Mayor Suarez: You're asking for an extra 1000 square feet? Vice Mayor Plummer: An extra 1000.square feet. Mayor Suarez: Don't we have enough flexibility in this to provide that? r Commissioner Alonso: It is included. �£ Mr. -Bailey: We'.ve made provisions. You get twenty-two hundred square feet: Vice Mayor Plummer: No, beyond that, Mr. Bailey.* Mr. Baileys No. The first is fourteen. We just added another.. Vice Mayon Plummer Sir, that was totally unacceptable.; x Mr. Bailey: All right. What's the next unacceptable? � i So all I am saying is when you are talking about to' dice :Mayor Plummer; go beyond the ninety to ninety-three, that I will be expecting that the International Trade Board.will have the space up 'to thirty-two. � lrlr. Bailey; tip to?ry r f; Vice 14yor Plummer; Thirty-two, sir. r� K 5ji 4' p �j ,t µr, �oiley: Thirty-two hundred square feet? Vice Mayor Plunrher= Thirty two hundred instead of the twenty-two. Mrs bailey: That oa11% for a whole new floor. Mayor Suarez: An extra thousand square feet cannot be provided? Mr. Baileyt That's... don't you... can't you use the Mayor Suarez. When you say a boardroom, Committee of the Whole here? down it htakeas hanybody Vice Mayoace r Plummer: We've been using it, Mr. Mayor, duneverdown broom closet. And I would I was there that we've been in a and We had the secretary of Commerce here yesterday, to a broom closet. kind... I've got to be honest, I was embarrassed. Be Yurre: J.L., if we are going to have the whole building, ,J. be a little bit of Commissioner ► the ion if each department may shouldn't we ask 4 oin to have their own boardroom kind of 9 duplicity if, you know, is everybody g thing, for each department? i International Trade, and Commissioner Alonso: No. Not every department s receive guests. Vice Mayor Plummer: No, no that's the point I am bringing ain- Commissioner Be Yurre: No, but space anallocated for ... ? how much of thepace up, you know, other boardrooms are there provided that could be Mayo r Suarez: Yes, what used for the meetings. Mrs -Bailey: ' Let`me... well first of all, what we've... They are Proposam9asus n a different floor than Vice Mayor. Plummer: king everything else, and that s the reason I Bailey: We have already allotted a thirty member boardroom' to your Mr. y for executive of and everything you, and you can makefices existing `space that we've put together the and we will show else. We do ;,.have -layout whatever adjustments you want to make. Vice Mayor Plu miner: As long as the understanding is there that we can expand no problem. But I just wanted to it for the ITB as 'a boardroom, then I have put it up front, Herb. Commissioner Be Yurre: J.L., let me ask you. Mr. Bailey: Right. We've allotted for that. Commissioner Be Yurre: How often does the board meet? Vice'=Mayor;Plummer: Once. less than once a month, and we've been having special meetings. to consider using the DDA's boardroom, it's a �, Mayor S uarez: You might want very nice boardroom. Vice Mayor Plummer: Then you are in to another'parking. Mayor Suarez: I don't know if people want to go there, but. x Vice Mayor Plummer: We are trying to centralize. Mayor Suarez; ' But it's walking distance from there. Cmrmissioner DeXut're: Hold it. J.L., we use like the Sports Authority, yDW of the rooms downstairs for our knows which is the same building, we use one meetings• + ono ZQ - RA�� Mayor Suarez Yes, I think we ought to provide as much flexibility as possible for that. Mr. `galley: We will provide it. Vice Mayor Plummer: That's all. The flexibility 1s what I am asking for be written in. Mr. Shepard has said that there would be no problem and Mr. Bailey said that he could work it out. I'm just putting it on the record. Mayor Suarez Just don't mess up please. I think that's what Herb is concerned about, and administration is you know.:. Vice _Mayor Plummer: OK. Mr. Bailey: We'll work it out. Mayor Suarez: ... the whole layout not having to be changed now. Vice.Mayor Plummer: Just so I don't have.to come back later, and I know I'll be criticized for keeping harping on one point.- The five parking spaces for the Commissioners are in the main building? Mr. Bailey: On the ground floor. Vice Mayor Plummer: Not across the street? Mr. Bailey: On the.ground floor. Vice Mayor Plummer: Fine. Mayor Suarez: OK. Commissioner De Yurre: Right next to Skippy's parking space. Vice Mayor Plummer: No, I want Skippy's. Mayor Suarez: The former "Skippy ShepardParking Space" now, for the Vice 1, Aii' Mayor. All right,,we have a motion on this, do we? z: Commissioner De Yurre: Well, I have a couple of questions still. Commissioner Alonso: Yes, let's clarify just.the points., Mayor Suarez: Yes, please add all the provision. Commissioner Alonso`: The three months are clear for the deposit. It's going to be changed, and it's going to be... Mr. Bailey: The first three months instead of the last. �F Mayor Suarez: It's an advance, let'Sr not call it a deposit - advance, Commissioner Alonso:` ... the first three months. Then we are not going tb,: pay the twenty dollars deposit. We are just going to have..,, _ Mayor Suarez: For the parking cards. Commissioner Alonso: ... in case that the card is misplaced,` then twenty dotlars'replacement. Mr. `gal 1ey: Yes. ' Commissioner AlonsoAnd then, just for the `recprd, because of scmething that Mr. Bill`Freixas said, that the price was equal to fourteen fifty, the prig .is el even, dpllars, Mr, Bailey; J s eleven .dollars, And one other, change we want to put in the leasd, not less than ninety thousand, 'ao we Can legitimize the former transaction. gg June 20'1991 ! 7 F , orrtnissioner Alonsos Exactly, so we have not problems. And then of course, the provisions that Mr... that Commissioner Plummer made about the International Trade is also... Mr, Bailey,.- We will 'make those adjustments too. Commissioner Alonso: ... taken into account. And then, two hundred parking spaces, six valet parking spaces in the main building, and all the other i provisions that we have discussed previously stand within this contract. l Mr. Bailey: Correct. Commissioner Alonso: And no hidden agendas. Mayor Suarez: No hidden agendas. Commissioner Alonso: Great. `i Commissioner De Yurre: OK. I have a couple of questions. Mr. gercow: I think there is one issue that needs to be clarified though. Mayor Suarez:I hope it's a very quick issue, counselor, because you've got momentum on your side, and Commissioner De Yurre needs to inquire about one other issue and... Vice Mayor Plummer: I think the... Mayor Suarez: Commissioner De Yurre, in the meantime, you wanted to inquire? Commissioner Dawkins: Go ahead. Commissioner Alonso: Something is happening here. Vice Mayor'Plunmer: A caucus. The bridge just went up. f Commissioner De Yurre: OK Well, I'll bring up... Commissioner Alonso: That conference is because they want to reduce one dollar from"the deal that we have right now. - i Commissioner De Yurre: I want to ask the following questions. wE Mayor Suarez: That's... right. Every minute is one dollars less Commissioner De Yurre: Mr. Mayor, with reference to these numbers that.we y have��seen here, designated tenant improvement budget, whose numbers are these?Al Mr. Bailey: These are the Department of Development's, sir. Our numbers a worke-d'out with the hotel: Commissioner De Yurre: Are these numbers... is,the hotel in accord with these S numbers?r Mr. 8a11eys Yes. They `work them out. We worked them out together and we've goneover every space. ,tr4 � i Commissioner De Yurre: OK. And they will do'... the hotel is going to do „ `U themselves, the'`tenant'improvements? b �f T t r. Bai Toy, " =' thenis�lves because of liability'. a contracted out. But es, the will do ; ; Commissioner De Yurre: OK. And they are giving us, what - four fifty? f bailey: wet1, fit,$ gone up now, It's about four seventy-one. They have. agreed to eat the extra cost. y t a Commissioner Do Yurre: 0K. So they are going to do everything... t - Mr. Bailey: Everything that we've outlined, will be done. A,3 IAQ�itipQ B C Commissioner De Yurre= .., that we've requested... Mrb Bailey: Yes, Commissioner De Yurre: they are covering? - Mr. Bailey: Yet. Commissioner De Yurre: OK. The only other question that I have, is the asbestos status of that building. Where is... do we have a report as to asbestos? Mr. Bailey: I am not at all, sir. And I think that will come about when they go building permits, and that's a code enforcement action. Commissioner De Yurre: Weil, I think that we need to know that before we r~ embark in something of this nature. Commissioner Alonso: Yes. And also for the record, we have several departments already in existence in that building. Commissioner De Yurre: And I know Bill Perry scratches his head every once..o he goes like this. Commissioner Alonso: So if we had asbestos before, we have them with asbestos: Mr. Bailey: I am told, in the agreement of the contract, they had said, there is no asbestos. I think the attorney should speak to that matter. Commissioner De Yurre: Well, you know, I want a report saying that there is no -asbestos today.: Not that a year ago, I have no idea. Commissioner Dawkins: Give us a break, here. How in the hell are you going to get that today. Commissioner De Yurre: No, I am saying that we need a report. This has :to ►, . come... e ,y I Commissioner Dawkins: I- mean, let's be real, come on now,r come -on, let.'s � 44 don't be... ; Commissioner'De-Yurre: Hey,:that is my request. Commissioner Dawkins: They can't give yourthat back today, man. Mr. Bailey: No. Commissioner De Yurre: If asbestos is not an issue to this Commission - if f6 the -safety of the.employees as far as asbestos is.concerned is not `an issue; then -forget about it. Vice Mayor -Plummer: No, waita_minute now, come on. ;cf Commissioner.- De Yurre: Wel l , hey! t � r Mr. Bailey: -I've been there five years. You don't mind if,I die?.x Vice Mayor Plummer: What I think, excuse me, let me try to step between the'` two: of .you, Commissioner Dawkins.., -No, I'm finished with.it: He wou I d - want i t. I�11°4ote for it with him if he wants it, but it's nitpicking. x� Vice Mayor Plummer: You all kiss and make up. I think that if in fact, an,, asbestos -free building Certification, whatever it is# is not fvrthcom n9', ithO_ I think it has to come back before this Commission. F ;}Y Mr. Dercow: ' We ve .made that :representation i n . our, lease # For .. th8 ° �r�ec rd 1 Jeffrey Oercow, 200 South Biscayne Boulevard for DuPont Plaza ftnter� of :r 4 lot June 20 tZik,ab ART Vice mayor Plummer: You don't have to have that report today. Commissioner be Yurre-. I'm not saying... but I mean that recently that YOU do the inspection as of this time, you knows Vice Mayor Plummer! Well, but isn't it.just like a house sale?... Mayor Suarez! I think that's the same thing. We are saying the same thing, Vice Mayor Plummer, That if you don't provide the termite inspection and roof inspection, there is no contracts Commissioner Alonso: It's exactly,*. the entry is always the same. Mayor Suarez: We are saying the same thing. That has to be provided prior to... i' Commissioner Be Yurre: The signing of the instrument. Mayor Suarez: Exactly. Mr.. Fernandez: OK. So I understand what you are saying is, that the City request that there be an inspection, or a certified report from a competent entity assuring the City that the premises are asbestos -free. Is that what you are saying? M Commissioner Be Yurre: That's right. Mr. Fernandez: And that they are to bear the cost of producing that report? Commissioner Be Yurre: Of course. Commissioner Alonso: Yes. Mr. Bailey: I just... W Vice Mayor. Plummer: Wait a minute now. I am totally unaware. Are you talking about an item that's a thousand dollars ($1,000), or are you talking. 'about an item that's a hundred thousand dollars ($1009000)? Commissioner Be Yurre: We have our own people in the City that: do,,asb.es,t.ps reports.., Vice Mayor Plummer:. So.it isn't going to cost anything? Commissioner Be Yurre: You know, we can send... I've got no... don't we have folks that do that here for the City? Mr. Smith: No, we contract that out. As,far as the... Mayor :`Suarez: What, about our friendly guy that used to go around department by department... Commissioner Be Yurre: that's right Mayor Suarez: ... who is a City employee, with little asbestos measuring dev.ice? ire Vice Mayor. Plummer: What about the, asbestos buster? Commissioner.De Yurre: When they checked this -building here,abo4t, Mr. Smith; We had somebody... a company came in and set up some instruments:7 Fla Commissioner De Yurre: OK. Well, I think we need that. Mr. Bailey** :-Just, for the record, I'll, like to say 4 couple thim, -we understand, your request, Commissioner, It has been included in the lease, when we, get that type of certification, that it will be asbestos -free, Theyi 4rV,going.to,;,b4ve..a lot of permits from our Code Enforcement Departments' I think it would-be taken care of there. No, that ... live been in the building, five years, and we've got other departments there'. I wonder what about Use 102 June: j Z d Sktt fl omiis`iorief� Alonso:Yes. Comissioner De Yurre: That's right. Vice Mayor Plummer: Doesn't it tell you, we don't give a damn about you? Mr. Bailey: You just told me. -� Vitt Mayor Plummer: I mean, OK. All right. Commissioner Alonso: Is this building asbestos free? This one, this — building? is it free? Are you sure? Mr. Bercow: There is an affirmative representation in the lease that there is i no asbestos in the leased premises. Commissioner Dawkins: If De Yurre makes the motion for the thing, I'll second i t i Mr. Bercow: And we will provide the documentation to back it up if you want _l us to. Mayor Suarez: Some certification has to be provided, yes. 1 . Commissioner De Yurre: You know, I've got no problem with the lease, but I just want something in the last ninety days, so we have a report. Commissioner Dawkins: Make your motion. Commissioner De Yurre: That's it. That's my motion. Commissioner Dawkins: What's your motion? ;. Commissioner De Yurre: My motion is, that we accept the lease... Mayo r. Suarez: With the provisos already made. Commissioner De Yurre: ... with the proviso... with all the changes that have been,discussed here today, including an asbestos report on, you know, ,that has been done within the last ninety days as to the status of the building as far as asbestos is concerned. Commissioner Dawkins: OK. Let me -ask a question. _ Mayor Suarez: A current asbestos report. =. Commissioner Dawkins: A question... I mean, for information only. If there is a -report a year old saying there is no asbestos, why would one be needed'i'n ' the last ninety days to say that there is not asbestos? I`mean, if you clear, that `up for me, I'm with you. r, Commissioner De Yurre: Well... ; Mr. Bercow: No one is going to put in asbestos these days. R ap Commissioner Dawkins: No, no, sir, I'm talking to my colleague.here. All 'Y right? No`, no see, that I am going to vote with him here, .see, but I �4 need :to know what we are'` voting on. If there is no asbestos for the last, .. ' �. if they.. have one two years old .thatsayathere is no asbestos, they've ;got,pne :days p iJ _ a year old, why would they go back ninety days,= in the last ninety and r, .( #ind one that says... - Commissioner Al onsos` This is not like termite. Commissioner De Yurre: Weil if they got something... yes, if they've pot something within the last year, I've got no problem, but I want oomethl11 recent, 'don't want something that was done,., . Commissioner Dawkins; OK. Good, Y 2 a _■— 10 ,Ine, 1 nay{.; + � 1 -{ - i Mayor Swan The old moving esbastos Problems All right, in the -r lovant 08ribdo whatever it may be. I don't know if it should be two yeer's the Commissioner is saying. Commissioner Dawkins: But not ninety days. Mayor Suarezt It doesn't have to be ninety days. I can't imagine they would have... Commissioner De Yurre: Well, it's six months. Commissioner Dawkins: They don't have one. Now, they've got to come up within ninety days. I'm talking to him,, Commissioner Alonso: You have a report that says, it is free? Mr. Bercow: Yes. But we... Mayor Suarez: How old is your report? Mr. Bercow: I don't know how old the report is. ` Commissioner Dawkins: We're not... listen, it doesn't matter. This is the man we've 'got to satisfy. Commissioner De Yurre: Is there a report? Commissioner Dawkins: This is the man we've got to satisfy. This is the man we've got to satisfy. Commissioner De Yurre: Two years. I don't want... two years is too much. Commissioner Alonso: Who would have put asbestos in the last two years? That's1nsanei. Commissioner Dawkins: But what is the problem if?... Mr. Bailey: What's the difference? F , f - a Commissioner De Yurre: What? Mayor Suarez: All right, note for the record. = Commissioner Dawkins: Wait..a minute, hold it, Mr. Mayor..What'.s the problem? °if .it'was -none there two years ago, there is none there now. What's the. problem? So go... ' Mayor Suarez: Chances are that nothing would have... Commissioner Dawkins: It's just extra money you;ve got to spend... �i `} Mayor Suarez: ... included that would create at asbestos problem in the last �i two -years. You want to go with that? 01 Commissioner Dawkins: No, let him get a... no, no. ■ ' Commissioner.; Alonso: If they had a reporttwoyears old, I don',t know, Have yr��� ! ■, 'they°done any;work-in the building? - and we had allowed as a City 'that they have asbestos in the property? P . that they, do in Mayor Suarez: No, we were all hoping would some: work the building. We were hoping that it would be demolished actually, so we would.4 fr �# build this beautiful Olympia York project. But other than that, there has been no work in the building. ; i Commissioner Alonso: That's another issue. Let's talk to Olympia York. ` L y z Commissioner De Yurre: Well.. no, usually'. if we understand... Listen .Rr. -Mayor, 'if we :understandr.asbestos, asbestos exist everywhere, The thing is, > that it is covered. It's under paint, it's undasr walls... { F; t Q+une ' 2Q ' { n 41— ja ai 5 Mayor Suarez: Yes, but unless they did some refurbishing, unless they violated every State and Federal norm, they would not have put any asbastos.:;- Commissioner Be'Yurre: ..► and..* which is, which is this issue. We are going to do ninety thousand square feet worth of work. Mayor Suarez: Refurbishing. Commissioner De Yurre, Refurbishing. You know, I think it's only fair that at the end of that, you know, if there is any, asbestos that they would be willing to address the issueandremedy the problem. That's fair enough. Commissioner Dawkins: They have to. The law states that they have to remedy the problem if it's found. Commissioner Alonso: Sure. Mr. Bailey: We put that in the lease. It's in the lease. Mr. Bercow: That's exactly what our representation in the lease requires. Commissioner Be Yurre: OK. So what we are saying is... let's put it this 1 way. At the end of the remodelling, we do a report, an asbestos report, and whatever the report... Mayor Suarez: Yes, get us a report. Commissioner De Yurre: No, it has to be... Mr. Bailey: It's in the lease, Commissioner. We have asked... Mayor Suarez: Right. Get us a report, and this Commission can always, I think by law, stop the final occupancy and payments if in fact you have an asbestos problem. I think we have to. So what we want to make sure is that we get that 'report, and that we are aware of it, this Commission to take whatever. action we... i ' Mr. Bercows The report saying what? - just so we can understand. Mayor Suarez:. Well, that it's habitable, you know. f Commissioner De Yurre:That there is no asbestos. r Mayor Suarez: That -you comply with all the present standards and regs. That _ will flow... Mr. Bercowi That the lease premises are habitable? Mayor Suarez: Yes, as to asbestos. And not contaminated... Mr. Bercows `Fine. Commissioner Dawkins: I -think all Commissioner... Mayor Suarez: ... beyond..., �r Mr. Fernandez: But as conditions of the lease Mr. Mayor, I heard you to be.a N little bit. more definitive, _ Mayor- Suarez: i, said, we: want that report here,. so we can. take actin. , I - f � ■' think, at that point, we will be able to take action to cancel'the lease if they don't remedy it. ;. Mr. Fernandez: But then, right now, the lease does not contain. in its cancellation clause, anything reference to being able -to walk away as a result =' of this incident. _ Mayor Suarez: Well, it must contain a provisi4 that says that any violation s of codes,.and laws, and so on, allows us to.,, me, Fernandez; Very generally, Do you want to keep them that general? Do .: you want them specific tied to this report? n " i jJJCq ? R� i f y eT�!gy thi k e e otected enou h with the Aener�s►1 ohe If you Mayor uaraf. think a specific one should beputin pursuant to Commissioner De Yurre's concern, then we can do it that way too. The general one sound appropriate to ate. Mr. Fernandez: Again Commissioners, when you are dealing with a question of a lease, and potential legalities... Mayor Suarez: I wouldn't want to litigate their side of it if in fact there is asbestos contamination there, and we refused to move in until they cure it. I wouldn't want to have to litigate their side of it. I really wouldn't. Commissioner Alonso: Since I am very afraid of our going to court and losing on a lease, and things like that, I'd rather make it very clear at this point. Mayor Suarez: Why don't we build that into the =tion then? Commissioner Alonso: Why don't we identify? Is there asbestos in existence in the building, or is the building free of asbestos? This is very simple. You give to us a certificate that says, it's free of asbestos. That's it. Mayor Suarez: All right. That's built into the motion then. I think we all agree that it ought to be. Commissioner Alonso: That's it. We don't have to complicate matters. Mayor Suarez: And it's part of the right to cancellation clause too. Commissioner Alonso: I assume that if they say they have a certificate, and they are making it part of the lease, they know what they are talking about, because this.1s a serious matter. Commissioner De Yurre: But the point is... Mayor Suarez: And an updated certificate during the... Commissioner De Yurre: The point is, that when you do work... you know, there may be asbestos here right now, but it's hidden. If there is paint covering it,,you're not exposed to it. If it's behind a wall, you are not exposed to it. Asbestos becomes a problem when it's exposed. And it may be exposed during all the remodelling, all the work that we are talking about. ,Mayor Suarez: They will have to give us... °n Commissioner Alonso: Are you saying that some of the companies that give the .certificate might report to certain areas, but not the entire building. Is that it? Mayor Suarez: No, no. As the work is done, you expose the asbestos, and then you... Commissioner De Yurre: No, no. It's not in the air. Commissioner Alonso: But then the company has to report this building has asbestos. Commissioner De Yurre: That's what I am saying. If... Mayor Suarez: We want a certification during the work - at the end of the r j .work. �r Commissioner De Yurre: That's right, Vice Mayor Plummer: But it's part of the lease, isn't it? Mr. Bercow Yes, it is part of the... Mayor Suarez: Well, the City Attorney thinks that in a general sense it's part of the tease. We want to make it more specific, and l.,. 106 June'20, t9,gt Vft 4 a 41 cr Mr gerctiwt May I try to simplify things? We've made an afi'iri ►rive h e is no asbestos hidden or otherwise, representation in the lease that t er in the lease premises, there is no asbestos Mayor Suarez: And you will give us certification to that Affect, Mr. Bercow: We will provide satisfactory documentation to the City staff... Commissioner Be Yurre: At the end of the remodelling. At the end of the remodelling, a report is made. Mr. Bercow: At the end of the remodelling. Mayor Suarez: Thank you. So built in to the motion. problemwithsotto don't have any why that. t. Nobody has any problem. You should we argue about it? Mr. Bercow: That there is no asbestos in the lease premises. Mayor Suarez: Thank you. Commissioner Alonso: Commissioner... May i ask Commissioner Be Yurre, why he insist that at the end of the remodelling? Mayor Suarez: Because it could come out during the remodelling. The stuff can be exposed. Commissioner Alonso: That means, we end in court. Commissioner Be Yurre: No. Because that's when it comes... if it were to come out, it comes out during the work. Mayor Suarez: He understands. commissioner Alonso: But if it's exposed, it's because it was there. Commissioner De Yurre: No, no, no. Commissioner. Alonso;: No? Commissioner, Be Yurre: It doesn't work that way. Commissioner Alonso: How does it get there? Mayor Suarez: Well, there was asbestos, but it wasn't in a situation that it j could create a problem for people breathing it. Vice Mayor Plummer: It flies in through the twelfth floor, and... Commissioner Alonso: No, no, no. Don't give me this story. Commissioner.De Yurre; That's the way; it works. ; Commissioner Alonso; if it's exposed, it is because it was in,.existence. ;k x' Commissioner Be Yurre: Only if you don't detectit. x Mayor Suarez: All the asbestos experts on this Comnissioon, please accept the, modification which they have accepted as part of the mot n. K Vice Mayor Plomner,: Johns am going to come down at lunch. I am coming down at- 1 pnch • Commissioner Alonso: Mr. Mayor, I am terrified of going to court. T want the remodelling, we have a problem. them to make it very clear, because after Mayor Suarez; They are going to give us a certification. They agreed to it. We,can't be -more safe than that. Commissioner 0e Yurre: They agreed that it has to be asbestos -free. That's +all. Vie Maw P1 umer: Mr. Dailey. Mr► bailey; Yes Vice Mayor Plummer: Are you'?... Mr. Fernandez: And then... I'm sorry. Vice 'MayorPlummer; Are you satisfied, sir, that the concerns expressed by this Commission are adequately covered in the lease agreement? Mr. Bailey: Yes. Vice Mayor Plummer: OK. Thank you. Commissioner Alonso: We care if we make them go to court. Mayer Suarez: OK. With all those provisos, the motion is made by Commissioner De Yurre to accept... Vice Mayor Plummer: We tried to get rid of Bailey for five years and it hadn't worked, so. Mr. Bailey: You've 'got me. I'm like a roach. .f Mayor Suarez: the tease proposed, item 25. Do we have a second? - Mr. Fernandez: Again, Mr. Mayor, point of clarification. Mr. Bailey may be And as satisfied.` He will however, not have to go in court at a11. Commissioner Alonso noted, I would have to go into court. i. i = Vice;.Mayor Plummer: We're in trouble. Commissioner De Yurre: If he is still here. Mr. Fernandez: I need further clarification from this Commission. I need to j ' be very sure that ;you in fact intend, when you look at the cancellation provisionof this lease, that we tie it directly to a certificate of no f< asbestos after renovation. R Mayor.'`Suarez: I think they accepted that, and I believe you can put it into the cancellation clause. ac Mr. Fernandez: All night. ma Mayor Suarez: And they are nodding their heads.` Mr. Bercow: Yes. '- Commissioner De Yurre: That's right. f .; Mayor Suarez:. Al right. Counselor, anything else? x Mr. Bercow I Yes, there is one point. And just need some clarification from staff on this. Mayor Suarez: At'your own risk. E B There...Mr, Bailey has asked that' the square footage be amended Mr. ercow:K� a r. . r t rr a to not less than ninety' thousand square feet from the present lines which' says, ninaty thousand square feet. That is acceptable`to us, but there is an -J :', additional component of three thousand plus square feet. We assume that the j a�1 as intend that the eleven dollars per square foot shall be appl i ed t t _ three thousand plus. 7 Mayor Suarez: I assume that.. `r Commissioner Alonso: Yes* f t Vice Mayor Plummer: Or let► L Mayor Suarez....wa are not going to get those for free. m i ' xy s .e3;ia414�1 ry E',=''IV'i31. -s'?r„1 i ,°,' 6 e Mr. Dailey:. We will negotiate the space, I have talked with Mr. Shepard, we will negotiate the difference in the space. Mayor Suarez: All right. If the negotiation some... Commissioner Alonso: Meaning he will give it free? Mr, Bailey: We will try our best. No, he won't give it to us free, but I _ think we might split the difference. Mayor Suarez: That's fair enough. We have agreed as to all, except for the extra three thousand on all terms, and the extra three thousand, we hope to have an agreement. Commissioner Alonso: But one point. It will not be any higher. Mayor Suarez: It certainly will not be higher than eleven dollars a square foot. 1` Mr. Bercow: Oh, of course not. Commissioner Alonso: Than eleven. OK. Good. Mayor Suarez: The record reflects that the way... Commissioner Alonso: Free will be very nice. 1 Mayor Suarez: ... Mr. Bailey looked at the Commission on the theoretical proposition that .it would be higher, shows that he doesn't intend for it to be higher. All right. Moved and second. Any discussion?. If not, please call the roll. - Ms. Matty Hirai: Excuse me. Who seconds Mr. Mayor? Commissioner Alonso: What? Ms. Hirai:. A -second, a seconder. �! Mayor Suarez: You need a second. Second,: somebody. Commissioner- Alonso: Oh, I think Commissioner Dawkins did. mayor Suarez: I thought Commissioner Dawkins did. Ms. Hirai: Dawkins did? v, Mayor Suarez: Call the roll. Ms. Hirai: Thank you. - The _;followingresoluton was. introduced by; Commissioner De Yurre, who Y moved its adoption: t RESOLUTION NO. 91 _ A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A t.EASE AGREEMENT, IN SUBSTANTIALLY s; THE ATTACHED FORM, WITH THE BAYVIEW ASSOCIATES, INC., r FOR 930674 SQUARE FEET OF OFFICE SPACE AT THE DUPONT BOULEVARD WAY, MIAMI F �r PLAZA CENTER, 300 BISCAYNE FLORIDA. (Here follows body of resolution, omitted here and on arzF :file in the Office of the _Ci.ty Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed. 4 and adopted by the following vote: f 109 Juno 210 00, i t i Mir`.licea: It's a sailboats Mayor Suaraz: oh, a sailboat. "thanks to the generosity of the Kiwan i's� Ott, what is it used for, Rafael? Mr-, Linea: It's used in the Parks Department. Perhaps Mr. Ruder can... i Mayor Suarez. The Parks Department has a sailboat now? Mr. Albert Ruder: For our sailing program. Mayor Suarez: Ah, the Parks... Vice Mayor Plummer: Oh, they have a pram program. it's very good. Commissioner Alonso: Yes, donated. Mayor Suarez: Smiles all around. r Commissioner Alonso: Let's be gracious about it. Second, yes. Commissioner.Dawkins: OK, let's go. Mr. Licea: Thank you. Mayor Suarez: Do we need to have a formal resolution accepting this blank sailboat? Mr. Jorge Fernandez: Yes, we do. Commissioner Alonso: Yes, and say that we are delighted that they are doing things like that. Keep doing it. I'm going to you for some other donations. Mayor Suarez: Is there any problem in handling that item now? Mr. Fernandez: Just simply stated, it's`a resolution accepting the donation of a sailboat. Mayor Thank you. I' deem Commissioner Alonso's nodding to be a;- r motion, and... Comnissioner' Alonso: Yes, I've been saying be gracious, accept it witht' pleasure, and say I'm going back to you to request more donations. i' Mayor Suarez: And'Commissioner De Yurre to be seconding this. Mr. Fernandez: Mr. Mayor. Mayor'Suarez:Yes. Mr. 'Fernandez: On this item; they insist that the sailboat at all times retain. their insignia showing that t,was, in fict, a donation from Kiwanis, and:*'those are all conditions that the Parks Department have acceded to. , HoW.. , a Mayor Suarez: Do .you think there will be any problem with that, Mr. Citya Attorney? Mr.`Fernandez: No, not at al I just... ' Mayor Suarez:: Thank you. Mr. Fernandez: But, however, this, a gift, free and 'Cl ear title, which means that the City Commission.. at its. discretion,, at.any'time i0: the futura, may sell, lend, borrow, do whatever with this boat. Commissioner Dawkins: Move. Mayor Suarez: With or without the insignia. Mr. Fernandez: Yes. 3 t } lit dune, l �.c il` a � t t..5 �'r5' �AiID 'iaftt�Y� I t: .•`4 1 x r x <s Mayor Suarez: All right. that during Carnivai, they just } Comirt i ssioner Al ohso. - And with the provision go through Rth Street with it. Mr, Licea: we will use it in the+.. There's one more little thing which is not a problem, Mr. Ruder: Commissioner Alonso: One more. Mayor Suarez: One more tittle thing? Youth attend ten Mr. Ruder: But they would like art of vthis n wh ch underprivileged is no probem to us• a p sessions during this summer ' Mayor Suarez: Thank you. That's fine too. Commissioner Alonso: Wonderful. Yes- Commissioner Suarez: Call the roll. introduced by Commissioner Alonso, who - Thefollowing resolution was moved its adoption: RESOLUTION N0. 91-437 OF A AILBOAT OF $KIWANIS A RESOLUTION ACCEPTING THE 2000.DONATIONFROM HES HAVING AN ESTIMATED VALUE SE IN THE SAILING FOR US HAVANA, INC. FOR U CLUB OF LITTLE PARECREKS"A ION IN - PROGRAMS OF THE DEPARTMENT OFPARKS MIAMIAND CONJUNCTION WITH THE PRIDE IN PARK-PROGRAM. (Here follows body of resoluti here and on file in the Office of the City Clerk.)fitted seconded by Commissioner De Yurre, the resolution was passed Upon being and adopted by the following vote: De Yurre Commissioner VictorAYES: Commissioner Miller J Dawkins X p } Commissioner Miriam Alonso Jr. Vice Mayor J. L. Plummer, Mayor Xavier L.;Suarez NOES: None. ABSENT: None.; COMMENTS MADE DURING ROLL CALL: Vice: Mayor Plummer:.Row, row, raw your boat. 1 COMMENTS MADE FOLLOWING ROLL CALL: on, ; Commissioner Alonso: Terrific. ` Comm ssioner Be Yurre: Thank you very much. t THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 2:08 P.M., WITH ALL 12:02 P.M. AND RECONVENED AT TO BE PRESENT MEMBERS, OF THE 'CITY;COMMISSION.'F'OUND EXCEPT COMMISSIONER BE YURRE. ; R, ;F t Opt u r CNOTE! AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF REGULAR AGENDA ITEMS IN ORDER TO CONSIDER AN ITEM FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.3 --------------------------------------------------------i--------------------- 34. GRANT APPEAL AND REVERSE DENIAL BY ZONING BOARD - GRANT VARIANCE FROM OFF-STREET PARKING REQUIREMENTS REDUCING NUMBER OF REQUIRED PARKING SPACES TO ALLOW AN ADDITION TO EXISTING OFFICE BUILDING (AMERICAN WELDING SOCIETY) AT 550 NW 42 AVENUE (Applicant: American Welding Society). a ------------------------------------------------------------------------ Vice Mayor Plummer: Mr. Mayor, I would ask to accommodate all of these if we could, the minute we get or third Commissioner, or a fourth, or a fifth. I am ready to make a motion to grant the request. Since there are no objections, obviously, registered in any way, shape, or form, let me ask it again. Is there anyone here in objecting to the American Welding Society application. Mayor Suarez: Let the record reflect that no one... i Vice Mayor Plummer: For the record, it is my understanding... Commissioner Dawkins: Yes, Miller Dawkins objects. Mayor Suarez: We have an objector. 9 i Vice Mayor Plummer: Another voice in the woods. Commissioner Dawkins: Yes, sir. i Vine Mayor Plummer: In the wilderness. Commissioner Dawkins: Why you all voted this out of turn? Vice Mayor Plummer: y Because we will like to have some seats available for all of the other people that would like to come down here. Commissioner Dawkins: All right. -� Mayor Suarez: We are not in session yet. Let's... Vice Mayor Plummer: Not yet. I am just trying to clarify it, if that's the case. ' Mayor Suarez: Now that we have a majority of our Commission, this Commission is in session and is brought to order. Let's follow the procedural suggestion that we are involved in right now. Convene the afternoon Planning. and Zoning agenda session, and I guess, we must adjourn the morning one for the moment, and then we will go back to 1t. Vice Mayor Plummer: Is there an attorney present? INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. i Vice Mayor Plummer: Sir, do you have the covenant? You've not proffered your a covenant yet? i INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD, Mayor Suarez: OK. ■ Vice Mayor Plummer: For the record. No, we are not officially started. I am s just asking. Commissioner Dawkins; Yes, we are. w 1 3 June 204 1991 1 3 r rv' xh�f'Y,G , a p1 fih teliln me the don't have the covenant Vice Mayor ummel. ey ae 9 y Commissioner Dawkins: fell him, you did. Mayor Suarez: I think... Mr. Olmedillo I just wanted to make it clear on the record that there is a covenant, and this is your... Vice Mayor Plummer: Ohl OK. Whenever your are ready, Mr. Mayor. Mayor Suarez: OK. So we do things right and in the anticipation of not having any objectors, but even whether we do or not from the general public, we may have some Commission's concerns, inquiries, doubts, et cetera. We need to get you sworn in for the moment. Once again, since it's now 2:10 p.m., that's ten minutes after the hour - I think we announced this. Did we not advertise it for after two, Mr. City...? Vice Mayor Plummer: Yes, sir. Mr. Olmedillo: Two o'clock, yes. Mayor Suarez: There is no one from the general public that wishes to object to the application of PZ-4 American Welding Society. We certainly see a lot of green lapel tags there, which presumably, are in favor. If you want to have your supporters here, raise their hands to indicate that they are in favor, that way we won't have to hear. Richard M. Zelman Esq.: Could we have a show of hands, please. Thank you. Mayor Suarez: That's a pretty fair number of hands. We will take a dollar from each of you for our budget problems. Commissioner Alonso: Everyone, including President Bushhas written to us, letters of support: Mayor Suarez: We have gotten letters from the entire eastern oseaboardi residents -of every states Vice Mayor Plummer: But the one werespectthe most is Luis Botifol, who ti holds the keys to all of the treasuries. Commissioner Alonso: Next door neighbor. Mayor Suarez:' If we are not going to have objection or: inquiry from'. the Commission... are you going to... OK. Nevertheless, let's get him sworn in; because our... Vice Mayor Plummer: Are you satisfied with the covenant? Mayor Suarez: We may not need you, counselor. ' Mr. Zelman:- OK. -Mayor Suarez: You could still charge, but I mean, you know. Mr. Zelman: Thank you. .Vice Mayor Plummer: All right, Mr. Mayor. �k Mayor Suarez: You've been most eloquent today. Vice Mayor Plummer: The Law Department is telling me... OK. Lets do:it this way. U will move item PZ=4, subject to the approval of the City Attorney'.s ' ,office relating to the covenant. I so move. Mayor Suarez: So moved. Mr. Rodriguez: Commissioner. Vice Mayor Plummer: Excuse me? 114 dune Ali, <h s _'D t� Mr. Rpdrigue2t So it will be proper, variance. Vice Mayor Plummer: you have to grant the appeal, the Give me the wording, please. Mr. Rodriguez: You grant the appeal of the variance that had been denied by the toning Board Vice Mayor Plummer: Exactly what I said. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Commissioner Dawkins. Commissioner Dawkins: Under discussion. When.., the first time you waived the parking, what did they say when you waived the parking the first time? Mr. Olmedillo: The first time... the parking was waived and it really wasn't waived •- let me explain why. Because they are providing that parking that appears to be waived technically, in the residential tots, which are in the rear of the premises. So they were providing parking. Commissioner Dawkins: Let me... we're wasting time. Let me ask my question again. Mr. 01medillo: Yes, sir. Commissioner Dawkins: When they applied the last time, what did they say when... in order to get you to give them the variance? Mr. Olmedillo: They said... Commissioner Dawkins: Did they say, "if you give me this, then I won't be back?" Did they say, "I'll be back in ten years"? Did they say, "I; may not be back"? What did they say, sir? Mr. 01medIIIo: They said that they were going to provide;a hundred -and -five parking spaces in the rear of the property, which would serve the premises.; Commissioner Dawkins: All right. Now, they're offering a covenant that says what? Mr. Olmedillo: Now, they are offering a covenant that says that they would move, they will file an application with the City to rezone lot 10, which:is. + to.the west of the present property. It's owned by the same people, and they will. file and application with the City, and they will provide up to ten,. parking spaces on that particular place, once it'goes through the process, and if the City approves the rezoning of that particular piece of property. Commissioner Dawkins: OK. Now, what... swear him in, because I have to ask the guy... u Mayor Suarez: Madam City Clerk, swear him in. AT THIS POINT ' THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. s LTA 1053I TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Dawkins: On the property where they are going- to put. the a parking, what's there now? x a s.. Mr. Olmedillo: There is an apartment building_ there. Commissioner Dawkins: Right. Does the covenant say that if they ,tear the: agrees, on what is known as lots 5 and 5, which again, it's difficult to show you all..* we can point it out for you. That is where we have parking now* But the logic of that Covenant is that we would increase, if the City would allow the amount of parking spaces to deal 'with that problem, on that covenant, and have it zoned C-1 in order that technically, the parking on that site would be credited towards the main building. The other covenant, which is technically an independent covenant, and we are proffering both of them, if you would like them, relates to lot 10. Lot 10 has an eight -unit apartment building at the moment. There is an area to the east side of that building which architecturally, we believe would work for increase parking for the office building. But again, in order to get legal credit for it, we would have to have that rezoned in order that we can park there and get credit for the building, technically. That's according to what staff has said. So the purpose of that covenant, is to demonstrate our willingness to rezone, should the Commission approve it, in order for us to get parking. And that covenant reads that way. It says what's it for. 11 Commissioner Dawkins: What does the covenant say, sir, if you push the present building down, what? Do you build another building in its place, or do you retain all of that for parking? That's all I am asking. Mr. Zelman: Ohl OK. I'm sorry, I didn't know.; The covenant as proffered to staff, and we are talking about... doesn't address the issue of what... if we tear the building down, we are more than happy to amend it if you would like to address that concern. Commissioner Dawkins: Staff. Mr. Olmedillo: Yes, sir. Commissioner Dawkins: What should we... I mean, should we be concerned that in the event that three years from now, the area will grow because of this, and continue to grow, and that if they decide to push the building down, we will still be short parking, and then they put another building up there, what? Mr. Olmedillo: They will be entitled by Zoning to do certain things. However, I believe that they can proffer to you voluntarily that they will retain in perpetuity, at least those ten parking spaces so that you have assured the City and the residents, that those ten parking spaces are going to I be there for ever and ever. Commissioner Dawkins: OK. All right, so how many square feet 1n the building they have now? `` I� Mr. Olmedillo: Around three thousand square feet. Commissioner Dawkins: So if he built... so how many parking spaces are required for that building? t' Mr. Olmedillo: I believe there is a hundred and... Mr. Zelman: Required, eighty-four. Commissioner Dawkins: OK. All right, OK. So now, we are... for some reason, they pushed the building down and put 6,000 square feet. Where would the- j other parking come from? Mr. Olmedillo: They would have to provide the parking, because they lose... once they tear the building down, they lose any grandfathering rights. They have to come back and apply for... Vice Mayor Plummer: There's an easy way to handle it. Mr. Olmedillo: ...any variances if they need some. But they would have to provide the parking on -site. Commissioner Dawkins: So, in other words, in the future, if, for some reason - which I doubt seriously will happen - it was decided to push that F building down, then those sitting here have the right to deny the variance i that would be required to waive the parking. 116 June 20, 1991 -fi 4R Plp M I l 3� . Mr. 01medillo: That is oorrdtt, sir. e Commissioner Dawkins: All right, now where is Mr. Tony Thompson? Is he here? OK, will somebody tell me... Unidentified Speaker: Is that Tommy Thompson, by chance? Commissioner Dawkins: Yes, sir. Will you come,to the mike, sir. Swear Mini in, please. Vice Mayor Plummer: The present. The present is the variance. Commissioner Alonso: Hmmm7 Vice Mayor Plummer: Present is a variance. What they're saying they will do is ask for a change of zoning at a later date on the back building. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. - 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Dawkins: OK, now I'm not beating up on him, but I have a problem with all the letters that I get telling me that if we don't do this, they may move. Now, that's the worst thing in the world. See, because we don't want = them to leave no more than you do. But I cannot give the appearance because you wrote all of these letters, and if somebody else write a letter, that I'm going to approve whether I like it or not. Now, where does the ninety employees of this building, how do they fit in this building? Now, according to you, the American Welding Society employs 90 people, all living in this area. Where do they work in this building? Mr. Tommy Thompson: Well, here's the most of them right here assembled in the room. Not, of course, ninety, but they're... Commissioner Dawkins: Well, see, I want to work... I don't want to know about the most of them.I want to... sir. Mr. Thompson:. They're on the second floor. They're on the... Mayor Suarez: You got awfully close to ninety here, I can tell you that. Mr. Thompson: First, second, and third and fourth floors. Commissioner Dawkins: OK, we have ninety people in that building. Mr. Thompson: That's the count that I received. Commissioner Dawkins: You received, OK. Mr. Thompson: Yes, sir. Commissioner Dawkins: And from whom did you receive that count? Mr. Thompson:, Well,.from American Welding Society, Commissioner Dawkins: OK. Now, the annual payroll now is for Dade County. It. 1s, not. three mil l ion dol lars for people paid who , do not reside in Dade N s County. Is that a correct statement? Mr. Thompson: Yes, sit.° A 1� Commissioner Dawkins: So, therefore, when you write me and tell me that the �i payroll contributes three million dollars to the local economy, I need to see that. I don't need to see that on paper where there... the other thing is, { tell me, somebody, how this organization pumps eight million dollars into the s local community, and how does it do it? Eight million dollars. I mean, what ; services you purchase, and.how? That's all. Come on, yes, sir. Swear him , in, please. Mr. Frank De Lurier: Shalt I tell him what I do or not? bt Mr. Thompson: No. not.... 117 ,dune 2.0, 19V�, d i2 E. > yam_°b :h i1 AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N06 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr, Be Luriert Mr. Dawkins... Commissioner Dawkins: Pull the mike up, please, sir. Mr. De Lurier: I'm sorry. Commissioner Dawkins, primarily the American Welding Society prints codes and standards and specifications and educational courses. Mr. McLaughlin here can hold up some samples of the kinds of things that we print. These are documents that are done by local printers, typesetting done by local typographers, photography... Mr. Thompson that you called to the microphone is a commercial artist who does work for the American Welding Society, not an employee of the Society. We buy as many of our goods and services in the City of Miami and out in the County as possible. And this -includes a magazine that we publish, and a number of other services that we buy on -a very regular basis. I think if you asked the number of vendors who are here to hold up their hand, you might get a better idea, sir, of... we did not stack this audience with employees. Commissioner Dawkins: No, if you do that, then you really lose me. Mr. De Lurier: Yes, sir. Commissioner Dawkins: OK. Mr. Be Lurier: And as I told... Commissioner Dawkins: But I'm going to do that because you said that. How many of you black out there who do service with, hold up your hand. Black. How many black people out there do business with this firm? Ah, ah - you notice I said ah - I didn't say a, because you think I'm saying eight. Ah, ah means one. OK, I mean, but I just... I'm not holding that against you. OK? Mr. De Lurier: There's one here, sir, but there are more. Commissioner. Dawkins: OK. Vice Mayor Plummer: There's two back there. Commissioner Dawkins: OK then... but there again, we do not want to lose the entity... Mr. De Lurier: No, sir... Commissioner Dawkins: ...no more than anybody else up there. But there again, I am very disturbed when people write a whole lot of. letters saying that you're going to move from this good climate with this beautiful weather. with such good people as five Commissioners who work with you, that kind of disturbs me. OK. Mr. De Lurier: Commissioner, if I can respond to that. I think some people read that in the newspaper that were vendors of'ours, and then trying to do a good thing, they.... Commissioner Dawkins: I told you not to mention that newspaper. Mr. De Lurier: I didn't mention it, sir. Commissioner Dawkins: OK, all right. Mr. De Lurier: Somebody else brought it up. Commissioner Dawkins: OK, no further questions, Mr. Mayor. Mr. De Lurier: We're not moving. Commissioner Dawkins; All right, sir, no further questions. Vice Mayor Plummer: Let me just make sure of one thing. One of the covenants that you have proffered has said that you will voluntarily apply for 'a change of zoning on the back lot. Now, let me tell you so when you come back. If, lie June 20, 1991 55 you don't Come back and volunteer that if we change that -Zoning, that that will be in perpetuity for parking, you're going to lose MY vote* 00 So what I,m saying to you is, I think it's a good faith gesture on your part to voluntarily apply for that change. But let's understand, as Commissioner Dawkins was saying, that that change, if you're granted, is going to be for additional parking and only additional parking. Mr, Zelman: OK. That's fine. Vice Mayor Plummer: And you got to volunteer that. We can't demand it on a change. Mr. Zelman: OK. Vice Mayor Plummer: I move it, Mr. Mayor. Mayor Suarez: All right, we have a motion and a second. Any discussion? If not, please... we're not going to hear from the godfatherl Vice Mayor Plummer: Sabines. Commissioner Dawkins: No, no, no, we will not hear from the godfather. Vice Mayor Plummer: No, no, no, no... Commissioner Alonso: Oh, no, let's... call the roll. Mayor Suarez: But we do note that Mr. Luis Sabines is here doing his best imitation of a person who can speak the English language, and tell you that he would support this. Vice Mayor Plummer: No, no, no, no... Mr. Mayor, he speaks English. It's called "tacano, E1 Presidente" for life. Mayor Suarez: All right. President of the largest Hispanic Chamber of Commerce in the entire United States, I believe, supports this, and that's a nice endorsement to have. So, more:,importantly, our endorsement which we're about to now determine. So any further discussion? If not, please... is there an ordinance involved? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved -its-adoption: F RESOLUTION NO. 91-438 A RESOLUTION REVERSING THE DECISION OF THE ZONING T BOARD AND ..GRANTING THE VARIANCE FROM ORDINANCE NO.: 7' 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, OFFSTREET PARKING REQUIREMTS, TO ALLOW -A.3,462,275 SQUARE FOOT ADDITION TO THE EXISTING OFFICE BUILDING - (AMERICAN WELDING SOCIETY) FOR THE ,PROPERTY ZONED C-1 ' RESTRICTED COMMERCIAL, LOCATED AT 550 NORTHWEST 42ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED �f HEREIN), (THE "SUBJECT PROPERTY") AS PER,, PLANS ON � FILE, PROVIDING 0 OF 29 REQUIRED ADDITIONAL PARKING SPACES, SUBJECT TO APPLICANT_ PROFFERING A:`COVENANT,.•: ACCEPTABLE-TO.THE'LAW DEPARTMENT PROVIDING THAT:. (1):. n APPLICANT; SHALL., SUBMIT A COMPLETE AP.PLICATION.:FOR A CHANGEOF ZONING FOR LOTS 5,_6, AND:10 BLOCK 2, GOLF COURSE PARK, AS RECORDE IN PLAT BOOK 43 AT PAGE 3 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO C-1 RESTRICTED COMMERCIAL;.AND .(2) THE 10 PARKING SPACES y� ON THE SAID LOT 10 SHALL BE RETAINED IN PERPETUITY TO.r PROVIDE ADDITIONAL PARKING SPACES' FOR THE SUBJECT PROPERTY; SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING, PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on t file in the Office of the City Clerk.) and adopted by the following vote: AYES: Commissioner Miller J. Dawkins f Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ASSENT! Commissioner Victor De Yurre Mayor Suarez: Can't do better than that, folks. Mr. Zelman: Thank you very much. (APPLAUSE) S RESUMES CONM—DMTIONTOFITEMSTONTHE THECITY REGULARMPORTIONISSION OF ,THE AGENDA.] F 35. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH BELTRAN / ALEXANDER AND ! ALEXANDER, TO SERVE AS CITY'S'INSURANCE BROKER. ------------------------------------------------------------------------------ Mayor Suarez: Well, we're back to the... ,µ Vice Mayor Plummer: I:don 't know. How you been? Mayor Suarez: : We are adjourning the planning and zoning session for the 't moment, and going back to the morning session. S vice Mayor Plumper: Mr. Mayor, going back to the morning session. While you're waiting; to clear these out,.could I do some pocket items?: ii Commissioner Alonso: And may we take... - Mayor Suarez: 'You always do anyhow. What good is 1t for me to try to object? Mice Mayor Plummer: I was just trying to utilize some time. y� 4 Mayor Suarez: Have to catch a plane. Look at ,the smile on his face. Do we,�r have the objecting party to item 35 in the chambers? If not, I think we have s debated this. I think we have heard from both sides, and were ready°`to-,-.vote.g on the contract, I believe, for insurance services. And -I'll entertain motion on it. - - - - �._..., a Mayor Suerev Moved and seconded. Any discussion? Vice Mayor Plummer: puestion. Mayor Suarez: Ahl Vice Mayor Plummer: Does this come with a recommendation of the Insurance Department? Boy, you talk about a "tacano". Here is a guy that is unreal. Mr. Segundo Perez: Good afternoon. It comes with a recommendation from the Insurance Department. Vice Mayor Plummer: Thank you, sir. Mayor Suarez: OK, any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-439 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE CITY MANAGER'S EXECUTION OF THE ATTACHED PROFESSIONAL SERVICES AGREEMENT WITH BELTRAN/ALEXANDER 6 ALEXANDER, TO SERVE AS AN INSURANCE BROKER ON BEHALF OF THE CITY. (Here follows body of resolution, omitted here and on l file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed And adopted by the following vote: 1 f AYES: Commissioner Miller J. Dawkins c Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez _ s- i- NOES: None. ABSENT: Commissioner Victor De Yurre i ---------------------- -------------- - - - - - - -- - - - - - ---- --- --3 36. DIRECT ADMINISTRATION. TO WORK WITH THE MICANOPY WOODS HOMEOWNERS ASSOCIATION CONCERNING REQUEST FOR INSTALLATION OF A GATE AT THE END OF #' THEIR STREET. — -- --- — — ------------- ----------- -- -- Mayor Suarez: You're up at bat. Vice ;Mayor Plummer: Oh, all right, can I do these pocket items?- Commissioner Dawkins: Yes. tr Vice Mayor Plummer: Please, I'd like to get them... Mayor Suarez: Don't... Oh, the insurance folks, don't send me forms to fill_,, out,.please. You know enough about that not to do such foolish things'.` I don't believe in any of that. I'm against it all, so 'please don't send me forms. I: don'tbelieve in insurance. I'm the ninth of fourteen : 1 .kids. Vice Mayor Plummer: Mr. Mayor.,. k Mayor Suarez: Never had: any insurance. ' 1 Vice Mayor Plummer: ...is Public Works here? The first item here i0 a request from the Micanopy Woods Homeowners Association who would like to:ake'. +' and put a gate at their end of their street which is totally untoth+nt. And would make a motion at this time that we se d to Public Works tp'�dQ necessary groundwork. They're doing it At theit expense, and it's"totally not w 4 T ? Sy ✓ , �.? ., Y'E ? 'tea' Open to the public, never has been, So i wound move at ;this time that we F I nstruct Public Works to work with the Micanopy Woods Homeowners Association to bring about... Mayor Suarez: So moved. Commissioner Alonso: Second, Mayor Suarez: Moved and seconded. Any discussion? if not, please call the roil. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 91-440 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE PUBLIC WORKS DEPARTMENT TO WORK ALONG WITH THE MICANOPY WOODS HOMEOWNERS ASSOCIATION IN CONNECTION WITH THEIR REQUEST TO PUT A GATE AT THE END OF THEIR STREET, TOTALLY AT THEIR EXPENSE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following voter 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. ----------- ---- --- ---------------------------- 37. GRANT REQUEST BY REPRESENTATIVES OF THE 18TH FEDERATION INTERNATIONALE DES SOCIETES 0`AVIRON (FISA) VETERANS FOR,FEE WAIVER CONCERNING REGATTA ; TO BE HELD AT MIAMI MARINE STADIUM. ---- - ----------. - --- .----------- - —------------------------------ Vice -Mayor Plumnee .A resolution waiving the rental fees as well as.the fees i for the services of the Department of General Services Administration, Solid' Waste, -Fire, Rescue and Inspection Services, Police for the 18th Federation. Internationale des,Societes-D!Aviron-FISA,_veterans regatta, to be, held at ' August 28th through September, 1st,-191 at the Marine, Stadium: subject to, the organizers obtaining insurance to protect the City in the amount as prescribed ( by,the City Manager as his designee. I so move. 3 Mayor Suarez; So moved. Commissioner Alonso: Second. rf Mayor Suarez: Seconded. Any discussion? If not, please call the roll`. r a y r 122 dune 20,0 11 J ;. x Fr sA The following resolution was introduced by Commissioner plummet, who moved its adoption: RESOLUTION NO. 91-441 A RESOLUTION WAIVING THE RENTAL FEES AS WELL AS THE FEES FOR THE SERVICES OF THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, FIRE, RESCUE AND INSPECTION SERVICES, AND POLICE FOR THE 18TH FEDERATION INTERNATIONALE DES SOCIETE$ D'AVIRON (FISA) VETERANS REGATTA TO BE HELD AUGUST 28TH THROUGH SEPTEMBER 1ST, 1991 AT THE MIAMI MARINE STADIUM; AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. H ABSENT: Commissioner Victor De Yurre COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: If J.L. Plummer said yes, I say yes. Vice Mayor Plummer: It's all housekeeping. 38. AUTHORIZE COSPONSORSHIP OF THE'METRO-MIAMI ACTION PLAN KINGIAN NON- VIOLENCE WORKSHOP - ALLOCATE $25,000 (Law Enforcement Trust Fund.) ----------------------------------------------------------------------------- Vice Mayor Plummer: A resolution authorizing the co-sponsorship of Metro - Miami Action Plan Kingian Non -Violence Workshop' and allocating funds thereof In, the amount not to exceed $25,000 from the -City of Miami Law Enforcement Trust Fund, such costs having been approved by the Chief of the Police. I so move. Commissioner Dawkins: Second, and is that the same one we're already giving them, Joe? -or another one? Vice Mayor Plummer This is a map. Commissioner Dawkins: I mean, they're already getting twenty-five... is that additional one? Lt. Joseph Longueira: No, I believe that's actually... Vice Mayor Plummer: This is the actual, I think. Lt. Longueira: You approved the program. This is actually giving them the money. 7- - Commissioner Dawkins: Second, J.L., second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the rol 1, 123 JuneD, 1"�91 t; r2' z,`'` ............ 4 The following resolution was introduced by COMissioner Plummets who moved its adoption: RESOLUTION NO. 01-442 A RESOLUTION AUTHORIZING THE COSPONSORSHIP OF THE METRO-MIAMI ACTION PLAN KINGIAN NON -VIOLENCE WORKSHOP, AND ALLOCATING FUNDS THEREFOR, IN t AN AMOUNT NOT TO EXCEED $259000, FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 39. GRANT REQUEST BY AMUSEMENTS OF AMERICA, INC. TO HOLD A WINTER WONDERLAND FESTIVAL EVENT AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK - SUBJECT TO FINAL APPROVAL OF BAYFRONT PARK MANAGEMENT TRUST. ------------------------------------------------------------------------------ Vice Mayor Plummer: A resolution approving a Winter Wonderland Festival including mechanical rides at Mildred and Claude Pepper Park from December 5th through>December 29th, subject to the proposed permittee, Amusement America, complying with all applicable ordinances, rules and regulations and its obtaining final approval of the Bayfront Park Management Trust. I so move. - Mayor Suarez: So moved. Vice Mayor Plummer: This is for the Bayfront Park, to allow the Winter Wonderland. 4 Mayor Suarez: This is the section of the agenda devoted to the consent agenda of J.L. Plummer. Vice Mayor Plummer: Come on! This is housekeeping. They throw it all on me. Mayor Suarez: Yes, I know. They pick on you. Vice Mayor Plummer: Did you get a second? Mayor Suarez: Yes, call the roll. yr t �1 �° r f �ilwirssi�� The fbllbwing resdlution was introduced by Commissioner Plummer# who moved its adoption: RESOLUTION N0. 91-443 A RESOLUTION APPROVING A WINTER WONDERLAND PESTIVAL, INCLUDING MECHANICAL RIDES AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK PROM DECEMBER 6 THROUGH DECEMBER 29, 1991, SUBJECT TO THE PROPOSED PERMITTEE, AMUSEMENTS OF AMERICA, INC., COMPLYING WITH ALL APPLICABLE ORDINANCES, RULES AND REGULATIONS AND ITS OBTAINING FINAL APPROVAL OF THE BAYFRONT PARK MANAGEMENT TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 40: SERVE NOTICE WITH U.S. GENERAL SERVICES ADMINISTRATION OF CITY COMMISSION'S INTEREST IN ACQUIRING THE U.S. NAVAL RESERVE CENTER SITE (2610 TIGERTAIL AVENUE). -- --- ----------------------------------- -------------- - ---- Vice Mayor Plummer: A resolution authorizing and instructing the City Manager 4 ?� to file with the Federal General Services Administration Office a notice of interest i'n acquiring the U.S. Naval Reserve Center by June 27th, 1991 and' bring back: to the City Commission the final formal application for review and final approval. I so move. Commissioner Alonso: Second.Vs Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by�Commissloner Plummer,'°who IN moved its adoption: RESOLUTION NO. 91-444 A- RESOLUTION SERVING NOTICE OF THE INTEREST OF THE MIAMI CITY COMMISSION IN ACQUIRING THE U.S. NAVAL, RESERVE CENTER SITE, 2610 TIGERTAIL AVENUE, FOR A PUBLIC PURPOSE; AUTHORIZING THE CITY MANAGER TO FILE 3' THE REQUIRED NOTICE OF INTEREST WITH THE ATLANTA OFFICE, U.S. GENERAL SERVICES ADMINISTRATION, BY THE JUNE 27, 1991, DEADLINE, AND REQUIRING CITY COMMISSION s REVIEW AND APPROVAL OF THE FORMAL APPLICATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) x Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 125 June 20440 ; k! t N a� AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J, L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None, ASSENT: Commissioner Victor De Yurre COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: How many more you got? Vice Mayor Plummer: I got two more. Hey, this is all housekeeping. And they throw it on me and then I qet blamed for it. F Commissioner Dawkins: Well, throw it back to them. Vice Mayor Plummer: A resolution authorizing the City Manager to execute the necessary... Ms. Hirai Excuse me. Mayor Suarez: Wait, wait, wait, wait. I'm sorry. Vice Mayor, Plummer: I'm sorry. Ms. Hirai: You vote yes? Commissioner Dawkins: Yes on what? Ms. Hirai: On the one that he just read... Commissioner Dawkins: What is that one? }' Vice Mayor Plummer: The Winter Wonderland. a' Ms. Hirai Acquiring the U.S. Naval Reserve... Commissioner Dawkins: Why? Does that compete with my good - what's that thing we got at Tropical Park? Vice Mayor Plummer: No, it's not competition at all. t Commissioner Dawkins: You're sure? Vice Mayor Plummer: Well, of course I'm sure. Commissioner Dawkins: You mean to say that I won't have to argue with my grandson about which one he wants to go to? ... Vice Mayor, Plummer: Well, I'll tell you one thing, this one that we're proposing your grandson only has to pay three bucks, and I'll tell you which one you're going to take him to, I know. �x Y .P a.6.rr. i. w i.ar+.�ir,:rrr.l.... s. rrsYJn ltaii...sr.....► W i..ifrr..ti w�7i..iti Y V+r+iW a+.i. iraar: GaiiYYYL �iiGYY r.f��:a� ii if Y.i.Y i.�Y/ii[iY Y.�Yii$.icfY. 41. EXECUTE NECESSARY bbCUMENT(S) TO ALLOW CERTIFIED GUNITE COMPANY, INC. (d/b/a CUSTOM POOLS) ACCESS THROUGH BILL WOLFARTH PARK, IN ORDER TO ACCESS ADJACENT RESIDENTIAL PROPERTY FOR ITS CONSTRUCTION OF A SWIMMING POOL (2000 S.W. 24 STREET). , --------.rr—rr.----------------ac.-------- r-----------------®rrr.r-i:a------ Vice Mayor Plummer: A resolution authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney to allow Certified Gunite Company, doing business custom pools access through Bill Wolfarth Park located at approximately 2000 S.W. 24th Street, Miami, Florida for the purposes of accessing adjacent residential property for its construction of a swimming pool of said property over a period not to exceed 60 days; further requiring said firm to hold the City harmless and to provide liability insurance to protect the City in an amount prescribed by the City Manager or his designee, subject to the conditions upon such approval limitation requirement be prescribed by the administration of the City of Miami; further accepting the amount of $400 from said property on an exchange for the City's herein grant of the access. I so move. NOTE FOR THE RECORD: Commissioner. De Yurre entered the Commission Meeting at 2:30 p.m.` Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-445 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ALLOW CERTIFIED GUNITE COMPANY, INC., D/B/A CUSTOM.POOLS, ACCESS THROUGH BILL WOLFARTH PARK, LOCATED AT APPROXIMATELY 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF ACCESSING ADJACENT RESIDENTIAL PROPERTY FOR ITS CONSTRUCTION OF A SWIMMING POOL ON SAID PROPERTY OVER A PERIOD NOT TO EXCEED SIXTY (6) DAYS; FURTHER REQUIRING SAID FIRM TO HOLD THE CITY HARMLESS AND TO PROVIDE LIABILITY INSURANCE TO PROTECT THE CITY IN AN AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; SUBJECT TO AND CONDITIONED UPON SUCH ADDITIONAL LIMITATIONS AND REQUIREMENTS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI; FURTHER ACCEPTING THE AMOUNT OF $400 OFFERED IN EXCHANGE FOR THE CITY'S a4 HEREIN GRANT OF ACCESS. (Here follows body of resolution, orr-itted here and on file 1n the Office of the City Clerk.) �z Upon being seconded by Commissioner AionsQy the resolution was passed t and adopted by the following vote: 127 51 AYES: Commissioner Victor be Yurre ` Commissioner Miller J. Dawkins r:< Commissioner Miriam Alonso ,. Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT None. COMMENTS MADE DURING ROLL CALL: i Vice Mayor Plummer: Now, Mr. Mayor, may I take... Commissioner Dawkins: Hey, hey, Victor... Commissioner De Yurre: ...check with me. Don't worry about it. No, don't worry about it Commissioner Dawkins: He votes no. Vice Mayor Plummer: May I take 30 seconds of your time? Ms. Hirai: You just arrived. I apologize. Commissioner De Yurre votes yes. 42.APPROVE, IN PRINCIPLE, A PLAN TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITIES OF HIALEAH, MIAMI BEACH AND OTHER DADE COUNTY MUNICIPALITIES TO ESTABLISH FUNDS TO BENEFIT FAMILIES OF MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS KILLED IN THE LINE OF DUTY. ----------------------------------------------------------------------------- Vice Mayor Plummer: May I take 30 seconds of your time, please? And this is serious. Twenty-eight.- Mayor"Suarez:- All right. Down to 27 seconds, 26 seconds... Vice Mayor Plummer: Now, this is not housekeeping. This is mine. Mayor -Suarez: What have you got? Vice Mayor Plummer: I was approached by Mayor: Doud of Miami Beach and Mayor" Julio -Martinez of Hialeah. The three of us on Saturday attended the funeral of the policeman who was killed in action. We became very much aware that the lady: -left, his wife, saddled with`a three year old child and a three month old child. All that 'Miami Springs was able to afford to give to these people beside Workmens Comp was the state grant of money. f„ Commissioner De Yurre: How -much? ,x Vice, -.Mayor; Plummer: I -believe the state offers fifty thousand killed in action." Commissioner De Yurre: Fifty or a hundred? �4 Vice Mayor Plummets Fifty. OK? Mayor Doud has proposed, and Y told him that"" ,> I%hoped i"could get my Commission to go along with, that we make>this a littla. beoader." That we, -the City!of Miami and any participating municipal ty,,who wants to- participate', the fee would be that they would put up, if under 30,p00 ." population, $5,000. Over 30,000, $10,000, to cover both police and, fire. '{ That "this fund"would be -established to help -defray the cost for their remaining family. Personally, I think it's an .extremely good idea, and all we're,, being asked to, at this time, is to agree in principle "so that this . could be put together to make sure that we can get the concert of the other municipalities, So I beg of my Commissioners, I would like to offer this: in the form of a motion,`and it reads; f THEREUPON, THE VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE f PUOLIC RECORD,`" BY TITLE: ONLY, 5 That's the end of the resolution* I would end it by telling you that it would t by " A yf hopefully, first of a11, ho efutl it would never be spent out i. fact, they ,are looking at this fund would be $100,000. } 2 128 One 201, ��R� _fl } P v1G ±7� Commissioner Do Yurre: I'll 'second that for discussion purposes. Vice Mayor Plummer: Sure. 3 Commissioner De Yurre: Let me bring up this point. Because it was brought up with the Lozano thing, and it keeps coming up time and time again. You know, and the issue is, what about when a policeman dies in the line of duty? What about when a fireman dies on the line of duty? What about any government employee in our City dies in the line of duty, and we've had a case - what was it? about a year or two ago? Commissioner Dawkins: The tire blew up. Commissioner De Yurre: The tire thing blew up. You know, what then? You know, where do we stand? Where does that family stand in respect to situations where we may be at fault at times, and we settle for half a million dollars or more or less? You know, so in line with what you're saying... Vice Mayor Plummer: Well, go ahead. Commissioner De Yurre: In line with what you're saying, you know, I support the concept, but I would like it to be, you know, provide some type of guarantee... Mayor Suarez: The proposal, I think... Commissioner De Yurre: ...or basis for all employees in our City. Mayor Suarez: I think the proposal deals with situations where, through no fault and no liability of any of the cities and by the action of a third party perpetrator, somebody loses their life in the line of duty in the Police and Fire Departments. I don't think we can go wrong with that definition. If defined that way. Vice Mayor Plummer: Mr. Mayor, I'm speaking for, for the others, I think that the reason that it was limited basically Police and Fire was that they are the only ones of City employees who actually lay their life on the line day in 'and day out. OK? Mayor Suarez: In the City of Miami basically,it's been the Police. Thank God, we haven't had any firefighters lost. Vine Mayor Plummer: But I think that both of those are public safety. And I think that this was to address public safety. Mayor Suarez: And you include accidental deaths in the line of duty? ' Vice Mayor Plummer: No, kilted in the line of duty. Mayor Suarez: Killed in the line of duty. OK. That narrows it. Commissioner Dawkins: What would a death in the Sanitation Department be from a guy who was picking up garbage and got pricked by a needle with'AIDS? Would F he die in the line of duty or not? Vice Mayor Plummer:' In the line of... that's a good question, Commissioner. Commissioner Dawkins: That's right, I need a good answer. You see, I mean,, s like he said. But my problem, J.L., is this. Either fish or cut bait. Now,. if you're talking about all of us, every municipality, putting up $100,000... Vice Mayor Plummer: No, no... Commissioner Dawkins': Wait a mi nute l ' I'm trying to tell you what I'll v ' i for: Vice Mayor Plummer: OK. i Commissioner Dawkins, If you'll let me. OK? Put UP' $1000000 oXor municipality, establish a -trust fund from which money could bye given. 0ec4u$q, when you give this money... r 129 Abe Y 63 't Vice Mayor Plummer: I'm sorry, tot hie to hear this. I don't want to look bad. Commissioner Dawkins: ...less a $6,000 and the most it's going to come to 1s $40,000. What are they going to do next year? And the next year? I And the next year? And like this gentleman was killed the other day with two kids oing in school. By the time his kids get to college, it's going to be 1600000 per kid for a four year education. And there's nothing there. So, you know, we need to... I agree with you, something needs to be done. But I don't believe in pretending, I believe in being factual. Vice Mayor Plummer: Welt, please correct my good colleague. It's not $100,000 per municipality. It would be as established in this proposal that it would be for population of a city under 30,000 would be $6,000, and over thirty would be $10,000 max. Mayor Suarez: This is a very narrow proposal. I can't imagine anybody being against it. We've all expressed that. I think that you ought to, after this vote and in the future, look at it as a broader thing maybe... Vice Mayor Plummer: And we can expand it. Mayor Suarez: ...and bring back to the Commission for. But we would have to have the cooperation of other municipalities. We can't... Vice Mayor Plummer: Of course. Mayor Suarez: And as to this, I can't imagine delaying the vote, and gentlemen and lady, we have many items today, please. Vice Mayor Plummer: I so move, sir. Mayor Suarez: OK. Vice.Mayor Plummer: I did move. Commissioner De Yurre: I'll second, but I just feel there has to be something for those who are non -police and non -fire that die in the line of duty. Mayor Suarez: Why don't we bring that back, because that has much greater_ implications economically. It ties into whether they have other Workmens Comp, and other benefits. And it's not just the one incident every so often .that is a tragedy for the entire community. Commissioner De Yurre: Well, what is usually, if you die in the line of duty, that this individual with the tire situation, what happened to him? Do we know? Mayor Suarez: He was... Commissioner De Yurre: What did he receive? Mayor Suarez: Re received a fairly good package. i don't remember if we had any liability or not that we had to settle. Mr. Carlos Smith: I believe basically just life,.insurance. Mayor Suarez: And Workmens Comp. t Mr. Smith: Yes. Vice Mayor Plummer: Well, of course, Workmens Comp plus Social Security.; Commissioner De Yurre: Well, let's go ahead with this, but come back with some recommendations as to the rest of our City employees that for reasons beyond them... Mayor Suarez: Yes, and an analysis of, right, what kinds of situations happen in the line of duty, and what would make sense to fill in the voids of people who may really,, really be devoid of any financial ability to carry on with t their families, which is the basic point that Commissioner Dawkins and De Yurre are bringing up. 130 june 20's - 0 1 i �NVia Vice Mayor Plummer: Ilm not opposed to that, sir. Mayor Suarez: Call the roll on the item so we can.+. The following resolution was introduced by Commissioner Plummer, who it moved its adoption: RESOLUTION NO. 91-446 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, IN PRINCIPLE, A PLAN TO ENTER AN INTERLOCAL AGREEMENT WITH THE CITIES OF HIALEAH, MIAMI BEACH AND OTHER 4 MUNICIPALITIES IN DADE COUNTY TO ESTABLISH FUNDS TO BENEFIT FAMILIES OF MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS KILLED IN THE LINE OF DUTY. ti (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre 1, Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez 3,f NOES: Commissioner Miller J. Dawkins t; ABSENT: None. COMMENTS MADE DURING ROLL CALL: t, Commissioner Dawkins: No. I still don't believe that we are sincere. I t, mean, and I just can't take a part in something' that I don't believe in. And I don't believe that this is going to meet our needs. I have to vote no. '± ---------- -------------------------------------------------------------------- I. 43. ACCEPT- AND IMPLEMENT A GRANT FROM THE STATE OF FLORIDA DEPARTMENT°OF z COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT FOR ACQUISITION OF PROPERTY FOR A MINK -PARK IN LATIN QUARTER AREA ($279,369) - EXECUTE AGREEMENT." a: ------------------------------------------------------------------------------ it Mayor Suarez: We're on item twenty... �.1 Mr. Carlos Smith: Twenty-six. { Mayor Suarez: ...six. OK. V Vice Mayor Plummer: You mean you don't want to ;go back and redo twenty-five? Mr. Jorge Fernandez: in item 26, there is a minor change that needs to `be ' made to the title, The amount being received- is not $3009000. it 'is !) $279,369.- With that minor correction, the item is ready for your consideration. 1 Mayor Suarez: All right, with minor correction, we have a motion, I hope, N Moved, Commissioner Alonso seconded. Vice Mayor Plummer: Second, and I ask the question, where will this money be spent? =r l±e Mr. Jack tuft: That's the next item, Mayor Suarez: All right. So moved and seconded. Any discussion on this item? -or do you want to take it up with item 27? s� 4� Vice Mayor Plummer; Well, wait a minute. Before I vote on this one... t ,,}}II 3i• �oune 20, .1991 `�. � Ft VNRNR-T-rc +'�i' 5 t p}t ;tf Cotrrriisio�tier Dawkins: Wait`a minute, hold it, hold it, hold itl Mr. Luft: The money... } Commissioner Dawkins: The next item says affordable housing. This item says y for a mini -park. Now how could that be the next item, Jack? Mr. Luft: The specialty center for Latin Quarter is a project that is to consist of commercial and residential development, but inclusive of a public plaza and open space as a part of the total project. Commissioner Dawkins! Thank you, that's far enough. That's good enough. Mayor Suarez: OK, that's good. n Mr. Luft: And this.was from the state to pay for that open space. CommissionerDawkins That's good enough. Now, if you keep talking, you're 3; going to lose my vote. Mayor Suarez: OK. ki Vice Mayor Plummer: All right, so this is one piece of property you're i! acquiring? Mr. Luft: Yes. Vice Mayor Plummer: And how much is that piece of property? Mr. Luft: The total... Vice Mayor Plummer: And which piece of property is it? All Mr. Luft: It's the Off -Street Parking Authority site on 15th and 8th. Commissioner Dawkins:'' OK, move it. A - ViceMayor Plummer: Well, wait a minute:, I'm sorry, excuse me.. ? { Mr. Luft: This is a grant accepting the money from the state. Vice Mayor Plummer: OK. And is this going to reimburse the Off -Street Parking Authority? Mr. Luft: In part,; yes. This $300,000. Vice Mayor Plummer: Two hundred thousand. Mr. Luft: Three hundred - well, two seventy-nine, three sixty-nine. :+, Vice Mayor. Plummer: So, in :other words,.all:tf:is money that we're accepting, from the state is a pass through to the Off-Str:et`Parking Authority so what we gain title to that property? `.{ Commissioner Alonso: Bottom line, this item is in order to save the three } { hundred thousand that we were.going to lose from the state, and unleAs�.we act, we are going to lose the money. zz A Vice Mayor Plummer: That's fine. Ms. Hirai: Commissioner, could you put your mika on, please? Thank you. yE Vice Mayor ` Plummer: OK. r Mayor Suarez:' Although it came out loud' and clear. £` 1 f t Commissioner Alonso: Yes. sr' Vice Mayor Plummer: That's all I need. P, Commissioner Alonso**, So, do something.: r 132 20 ` IM h f rr, i S y IF At Mayor Suarez., Moved and seconded. Any further discussion? if not, please dell the roll. Commissioner Alonso: I already moved, he seconded. Let's take a vote. The following resolutio n was introduced by Commissioner Dawkins, who moved its adoption: ' RESOLUTION NO. 91-447 A RESOLUTION, WITH ATTACHMENT, APPROVING, RATIFYING AND CONFIRMING THE CITY MANAGER'S ACTIONS IN ACCEPTING AND EXECUTING A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $279,369 FOR THE ACQUISITION OF PROPERTY FOR A MINI -PARK IN THE LATIN QUARTER AREA OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY ADDITIONAL NECESSARY AGREEMENTS TO ACCEPT AND IMPLEMENT SAID GRANT SUBJECT TO APPLICABLE CITY CODE PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, and adopted by the following vote: the resolution was passed 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 COMMENTS MADE DURING ROLL CALL: r. Mr. Fernandez: This is on item 26. Mayor Suarez: Twenty-six, twenty-six. Yes, twenty-six... Vice Mayor Plummer: On 26, I vote yes. Mayor Suarez: If anybody repeats 26 one more time. h 44. AUTHORIZE EXECUTION OF AGREEMENT FOR ACQUISITION OF ONE PARCEL IN LATIN QUARTER AREA TO BE USED FOR DEVELOPMENT OF SPECIALTY RETAIL SERVICES, , AFFORDABLE HOUSING,AND ASSOCIATED USES (THE LATIN QUARTER SPECIALTY CENTER - Project 321038). (Note: Since a motion had not been made at time roll was called, item was reconsidered and appropriately,, passed later - see label 47.) - --- -- ------ ----------- ------ - ------ ------ --- - -- ------ Mayor Suarez: Item 27, now. The expenditure of it, we've explained why about y as eloquently, clearly, and concisely as it could be. explained.' And,1!lI entertain a motion on 27. Commissioner Dawkins: Move it. Vice Mayor Plummer: Well, Mr. Mayor, the only question I have to ask is. k Mayor Suarez: Yes. Vice Mayor Plummer: ...in giving this money to the Off -Street Parking, are me now going to be the owner of title of this property? Mr. Jack Luft That's correct. 133 ,tune 2001191, Vice Mayor Plummer: And is that all of the property that the Off -Street which is about four or five lots, as I remember? Mr. Luft: No, it's about seven tots actually. Vice Mayor Plummer: Seven lots. So that will become property now of the City of Miami, and we no longer have to ask questions of the Off -Street Parking, Mr. Luft: The recommendation is, is that the one million, seven hundred thousand this Commission has set aside for land acquisition in the Latin Quarter for a specialty center, be allocated in the amount of $101660000 including, as a part of that, the three hundred thousand, or the two seventy- ? nine from the state. That $1,1660000 is the purchase price for that site that the Off -Street Parking Authority acquired in 1987 as a means of moving this project forward. We would take title to it. Now... Vice Mayor Plummer: Does that preclude the possible acquisition of the Buick property? Mr. Luft: I need to add here ... It was always the Parking Authority's intention to pass this site along, in effect receiving their money back. They entered into the picture in 187 only to... at that point, with the money that they had in hand to help push this project forward. But ultimately, it will have to... the City will have to take title to this if we're going to push this through a unified development process. OK. And they would... we're buying it from them. Vice Mayor Plummer: But this Commission has not, at this point, decided that we are going to acquire the other property around fully knowing... Mr. Luft: That's right. Vice Mayor Plummer: ...that with what we have, we can't build a specialty center. Mr. Luft: Well, we can build on it. It may not... Vice Mayor Plummer: Well, what I mean, what are you going to build? -a cracker box? Mr. Luft: On a 37,000 square foot site? We can... Vice MayorPlummer:` On two sides of the street? Mr. Luft: No, this is just one site, one side of the street. It's that entire vacant tract of land that goes almost to the church. It goes entire north side of 8th Street between 15th and 14th Avenues. Commissioner Alonso: The north side. Mr. Luft: It's a good sized site. Vice Mayor Plummer: Does this give us all of the front footage from;15th to 14th Avenue? Mr. Luft: No, it does not. We're missing the Methodist Church, and two small -3; commercial properties. Four lots on the end of the block._ r< Vice Mayor Plummer: Do the rest of my col l eagc:es understand this? I mean,, because then... OK, then all of the money is gore. Commissioner Dawkins: Yes. Mr. Luft: No. We have one million, seven hundred thousand, The Parking Authority's purchase price was $1,166,000. They have asked me to convey,- to this Commission their desire that, in addition to their original acquisition cost for that site, that we reimburse them for the additional cost that they had to absorb of demolition and clearance and site preparation. There is now a parking lot there, but that's not the issue. Vice Mayor Plummer-: Mow much is the additional cost? 134 June 20, 1991 PIP"" t tS'^ •'3 i .:r Mr. Luft: the additional cost is $171,000. So the total for the... the acquisition of that block, of that half of the block, that they bought in '87, If we are willing to, in effect, reimburse the Parking Authority for their full expenses, would be $19337,414.68. That would then leave approximately $360,000 remaining of the balance of 1.7 million that this Commission has set aside for purchase of lands in the Latin Quarter. How many front feet? About... Vice Mayor Plummer: Because that's all we'll own, right? -is on 8th Street. We won't own anything... Mr. Luft: About 300 front feet. Vice Mayor Plummer: So you're talking about for, call it roughly round numbers, a million and -a -half dollars. The property that we're going to acquire, you call still a specialty center. I call it an oversized 7-11. Mr. Luft: I will say... Vice Mayor Plummer: No, no, no. Let's be honest. Commissioner Alonso: That's right. Mr. Luft: I'm giving you the... Vice Mayor Plummer: Let's be honest. I mean, we're paying a hell of a lot of money for 300 front feet on S.W. 8th Street knowing fully well there's not going to be more money available to acquire more property. Is that a correct statement? Mr. Luft: Yes, sir. Vice Mayor Plummer: And that's what you're asking this Commission to do. I don't understand. Mr. Luft: Well, sir, we have attempted on several occasions to bring to you various parcels of property for purchase in or near the Latin Quarter. Vice Mayor Plummer: I'm well aware of that. Mr. Luft: As you are well aware, we're hoping to bring to you today a purchase -proposal for a site on 23rd Avenue. is However, the owner has since withdrawn and that is not possible. We are now back to the original site of the so-called Latin Quarter Specialty Center, and the staff is attempting to provide you with a recommendation for purchase that will gain us the most land for the least cost. As it stands today, we would be paying effectively $27, maybe a little more, per square foot, for that land on 8th Street, the parking _ Authority site. Vice Mayor Plummer: How many square feet? Mr. Luft: Thirty-seven thousand. If we were to purchase any other lands around it, as we well know from past Commission meetings, we would be purchasing not only land, but buildings and leases. And the cost goes,up accordingly. Vice Mayor Plummer: Jack... Mr. Luft: So, you're correct, Commissioner. None of this is inexpensive, but it's the least_ expensive if we intend to acquire land in that location or generally thereabouts, to build a project that is a mixed -use project that has a chance to provide some economic revitalization for ,that area, this is ultimately the best we can do to get a developab'e site. Vice Mayor Plummer: I guess the point that I'm trying to make is the same: point that I made when I voted against Domino Park, OK? Commissioner De Yurre: Do you have a map or something that we can check this... 135 Duna 20l 1991 3 F hi3Fx3,5j LAI EFTr Vice Mayor Plummer: Jack, the people of that area who are expecting i It t re oin to Its" h at this Corlrmission for putting in a 7-11 spec a y uen era g Mr. LOU Commissioner, the zoning in this district... Vice Mayor Plummer: I have no problem with that. Mr. Luft: ...would allow us to build roughly eighty to ninety thousand square feet of development on this site. Now, honestly, that's more than a 7-11. Vice Mayor Plummer: Yes, a Veradero. Mr. Luft: 00 Vice Mayor Plummer: I mean, it's still a grocery store. ,tr fa_ Ike Mr. Luft: We can build a building four or five stories high. It can be mixed -use, it can have residential, it can have shops, it can have u restaurants, it can have a plaza on the corner. Vice Mayor Plummer: You can't do that because of parking. Look... Mr. Luft: Well, it's... I didn't say it was going to be easy. Vice Mayor Plummer: Ha! Look, this here only addresses the three hundred thousand. Mr. Luft: This here says that we are going to make a down payment... Vice Mayor Plummer: Of three hundred thousand. Mr. Luft: ...of $300,000, which, in effect, is basically the state grant monies, with a schedule of payments deferred until a later time. Vice Mayor Plummer: Well, how binding is that schedule of payments? Mr. Luft: There is no schedule of payments. That's what I'm saying. Mayor Suarez: We can always dissolve the Authority, you know., - Commissioner Alonso: That's a good thought. Vice Mayor Plummer: If. all of this is doing: it today is addressing ,the $300,000... 3t Mr. Luft: That's all it is. r; Vice Mayor Plummer: There's a pass through to pay to the Off -Street Parking... Mayor Suarez: Let's put it this way, they're not going to hold us in.default. Vice Mayor Plummer: Huh? +sr Mayor Suarez: They're not going to determine that we're in'default, because if they do, we'll default them. .e C# Vice. Mayor Plummer: OK. r Mr. Luft: We're basically buying that portion of their site that would have been built, developed for the plaza as a part of the center. Vice Mayorl,Plummer; : All right, all right. I was getting deeper in than what this addresses. I_will vote for this as a pass through of the money. Mayor Suarez: Right, Vice Mayor Plummer-: But don't you start to -lay one brick ,,for. Vsradero est4►u rant! Mayor -Suarez: Yes, this does not imply.a choice. This is a necessity, ;VAS a pass through to the Off-street Parking Authority, We still have pendip,. 136 : s that determination of where exactly it makes more sense fat us to buildi And if we don't take it now, I guess we could loge the $300,000, That's Oeatty, evident. Commissioner Dawkins: Mr. Luft... Mr, L-uft: Yes, sir. Commissioner Dawkins: Explain it one more time, so we can move on. This is the $3000000 that we're going to use for the plaza, because the plaza is tied in with the park and what have you. Is that a correct statement, sir? Mr. Luft: That's correct. Commissioner Dawkins: Thank you. Mayor Suarez: OK. Moved and seconded. Any further discussion? If not, please call the roll. Vice Mayor Plummer: Call the roil. THEREUPON THE ROLL WAS CALLED ON THE ISSUE THOUGH NO MOTION HAD BEEN MADE. [See later label 47 at which - point the Commission properly moves and seconds this item.] AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez f NOES: None. ABSENT: None. 3 COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: Not a.happy vote, but yes. Commissioner Dawkins: What was that that she said? Mayor Suarez: Not a happy vote. She's not a happy camper, to quote the"Vice President. Commissioner Dawkins: Well, I agree with her. I reluctantly will say yes also. s i 45. DISCUSS. AND DEFER CONSIDERATION OF PROPOSED RESQLUTIONTO AUTHORIZE SUBSTITUTION OF A RESERVE ACCOUNT SURETY BOND FOR CASH ON`'DEPOSIT,.IN.THE y5 DEBT SERVICE :RESERVE ACCOUNT SECURING 'CITY'S OUTSTANDING 'GUARANTEE, ENTITLEMENT REVENUE BONDS, SERIES 1989, AND TO DIRECT DEPOSITORY OF DEBT SERVICE RESERVE-ACCOUNT-TO.ACCEPT SUCH SURETY BOND; APPROVING FINANCIAL GUARANTY AGREEMENT; AUTHORIZING APPOINTMENT AND PAYMENT OF SPECIAL. COUNSEL.,_ f } Mayor Suarez. Item 28. -Commissioner Dawkins: I move that it be continued, because I treed more information on this, Mayor. Suarez; QK, so moved. $45 Vice Mayor Plummer: I"11 second it for discussion. Carlos, does 4"deferral of two weeks make a big difference? Mr. Carlos Garcia; It does, because we have...' the next debt serylce paynlsnt ; is July Ist. If we buy this surety bond tow, we'll be able to get t e:�aeh � 137 June��1 ' r w t y ", 113 from the reserve before July ist, and we'll be able to make that $400,000 debt service payment with the reserve monies. If we don't do that, then we can use the monies next year, but not this year. Vice Mayor Plummer: To my "Blue Brother." Could I make a motion of approval subject to your approval? Commissioner Dawkins: My motion is to continue. If the rest of my fellow Commissioners want to vote on it, go ahead and vote on it. I have no problems with it, but I do not have enough information to vote, and I will not... I'll be voting no. But if you have three votes, that's the majority up here, I have no problems with it. Vice Mayor Plummer: Yes, but if you're doing it for more information, you know my longstanding vote is to accommodate a colleague, and I'll always... Commissioner De Yurre: Well then vote yes, and that's it. Commissioner Dawkins: I got right here, continued for additional information. And I got the same one on 29. I mean, hey, I don't have enough information, that's all. Commissioner Alonso: What did you say about the difference? It will make a difference... Commissioner De Yurre: OK, we have a motion and�a second for continuance. Mr. Garcia: The difference is... OK, if we are able to buy this bond tomorrow, we'll be able to get the cash from the reserve immediately, and we will be able to use that money to make a July 1st payment of $400,000. If we don't buy the surety bond tomorrow, then we have to wait. We can get the cash from the reserve in August, but we have to make the July 1st payment out of the City's other revenues that we may have. Commissioner Dawkins, if... Vice Mayor Plummer: Well, I have seconded the motion, and if... ° Commissioner De Yurre: Take it out of the City Attorney's budget. Mr. Garcia: Commissioner Dawkins, if you want to meet with me again and go over this, I'll be more than happy to, and the attorneys or whoever you desire, but you're not sure... Commissioner Dawkins: I need to go over it with the Manager. OK, I don't need to go over it with you. Mr. Garcia: OK. Commissioner Dawkins: I get tired of every time I turn around and look around, you and the Manager are telling me that you're short of money, OK? "X" And that if you don't do this, you're going to lose saving number of dollars. And always it's close to half a million dollars, and you come back k the next meeting and you're saving,a half -a -million dollars. You come back at the next meeting. You're doing this because you're saving a half -a -million dollars. But you never catch up. Mr. Garcia: That is true. That is true, Commissioner. Commissioner Dawkins: See, that's right. So I need.to sit down,.. see,.,the" Manager need to explain this to me how he had me vote for a budget that be said was balanced. And how, every time I look up, you all coming with an unbalanced budget and I'm balancing it. And that's my problem. And until the Manager can explain that to me, I'm not satisfied. Mr. Garcia: If I may say, just make one comment. For instance, we have a sales tax revenue item in this year's budget in the amount of sixteen and -a - half million dollars. Because there is a recession, the state is receiving much lesser amounts, so we're going to be short $900,000 in sates tax. And that is happening all over the state, all over the country, Saps tax revenues are very low. Commissioner Dawkins: Well, what happened... all right, the sales tax is responsible for this one, What was the responsibility for the last one we had31 to dip into the reserves for? What caused that shortage? 3 I38 June 20, 1091 4i1PZ 1 pppp i J Z t §n Mr. Garcia: Are you talking about last year? k Commissioner Dawkins: No, I'm talking about all these we did this year. ;Ir Mr. Garcia: I':n not saying that is the only problem we have this year, but that is one problem that we evidently have. And this, at least, will take care of part of that problem. Commissioner Dawkins: You see, that's... you just said what the matter... I got a problem with. This will take care partial of the problem. All right? What are you going to do for the other partial? And the next partial? And the next partial? See, we keep you all... and my Manager says he wants the _ what? -the chamber of commerce to audit. I want an audit too. I just don't understand how we're doing this. But I won't - since J.L. Plummer wants to move this, and... °r Vice Mayor Plummer: Sir, the only reason J.L. Plummer wants to move it because he has said that a delay will cost money. Now, I'm telling you on the record, any time one of my colleagues is eve°;r asked to defer for further information, I have always voted that way and I always will. OK? The only reason I offered to make a motion the other way was to try to accommodate both of you. Now, if that doesn't work... Commissioner Dawkins: Well, see, that's my problem. You want to accommodate both of us, and not one of us. See, I'm the one that's concerned, and now you want to satisfy both of us. See? Vice Mayor Plummer: No, sir, my motion would have been that we approve it subject to your approval. And if you don't approve it... Commissioner Dawkins: OK, all right, OK, that's all right. Go ahead,- make your motion, J.L. Vice Mayor Plummer: I will make a motion on item 28 that it is approved subject to the approval of Commissioner Dawkins within the next three days, five days? Five days. If he does not approve it, it's not approved, period. It's over. Commissioner Dawkins: No, don't do it that way, J.L. Vice Mayor Plummer: Bring it back on the 11th. v A- Commissioner Dawkins: No, move it, and I'll vote no. Just move it, and get a second, and I'll just vote no. That's all right, I ain't got no problem with i t. r ; wf; Vice Mayor Plummer: I move item 28. �. Mayor. Suarez: So moved. Item 28 has been moved. r, Vice Mayor Plummer: With Commissioner Dawkins' approval. K ,€ v: Mayor Suarez: Do we have a second on item 28? Second.° Mr. Jorge Fernandez: Mr. Mayor. Point of order. Implicit in Commissioner, � y r� T Plummer's motion is still the concept of giving Commissioner Dawkins veto; And then you need to understand that in voting=on that motion, you're voting x on two concepts. Mayor Suarez: I had a feeling he was going to exert his veto right now, and -t z pouf - voting against the motion. Commissioner Dawkins: I'm voting against the motion, that's it. 7 Mr, Fernandez: 09, so then it's... Mayor Suarez: If it passed, it still would have... we'd be subject to his veto, but it would be his veto, maybe, within the, -next few days. Vice Mayor Plummer: Fine, :i i Y I39 Juno 20, 1,g91 d PII • f C111alIWGv• Illon vnv r Win•....•. ... ..�.�. ..���_ -- -- - - -- - v6ting on giving Commissioner Dawkins veto power on this ohe item. Commissioner Dawkins: No, they're not, because they withdrew that, Vice Mayor Plummer: He withdrew that. Mr. Fernandez: OK. Vice Mayor Plummer. The motion simply now..• r Mayor Suarez: To approve the item. ' Vice Mayor Plummer: ...is approve item 28. Mr. Fernandez: All right, OK, then. And now it's clear. i Mayor Suarez: All right, any further discussion on the item? Let me say that f I've seen and read, reasonably carefully, Commissioner Dawkins's memo where he requests a variety of clarifications from the City Manager. The one most evidently correct to me of all of them, and a few of them had, I think, very valid points. But one, Carlos, that I think is extremely important is a cash flow analysis that is intelligible. Now I mean just intelligible to us, I think it's got to be intelligible to him and to the people that work directly under him. I have a feeling you understand it. I have a feeling you, of all people, understand cash flow. But it should be at the beginning of the budget year. It should be anticipating these kinds of shortfalls,. cash flow problems 'how, we're going to deal with them, and in a coherent strategy. Not just sort of helter-skelter, let's borrow some here, let's borrow from over there, let's, you know, you never know exactly what's in what fund. And for that reason, I would be inclined to vote against the motion. Commissioner Dawkins: Call the roll. Commissioner Alonso: Well, call the roll. Mayor Suarez: So... well, I don't think we have a second, do we? 4 Commissioner Alonso:-Yes. �. Mayor Suarez: Did you second? Commissioner De Yurre: I seconded his motion to defer. Mayor Suarez: OK, we had a substitute motion i.o defer. It's been seconded.. Any discussion? If not, please call the roll. Vice Mayor Plummer:' This is sounding more.and more like Eastern Airlines of the time. Commissioner Dawkins: Nobody seconded J.L.'s motion. h Mr. Fernandez: On a motion to defer. s Ms. Hirai: Yes, on a motion to defer by Commissioner Dawkins, seconded t2� by De Yurre. ON MOTION DULY MADE BY COMMISSIVNER DAWKINS AND {8: SECONDED BY COMMISSION DE YURRE, TFE ABOVE ITEM WAS - DEFERRED PENDING RECEIPT OF FURTHEk INFORMATION, BY THE FOLLOWING VOTE: is = 4 - P t 140DnB .2 yftL^y� N., AM t Cotrr`issioiner victor Oe Yurre Comissioner Miller Dawkins Corsi ssi onsr Mi ri am Al onso Vice Mayor J. L. PIUMgrs Jr. Mayor Xavier L. Suars2 F; 4f- NOES: None. q ABSENT: None. YYYii.�—YGTr'LaYriYr Yri YiriYiwl -----------------iF--------- i---- i- --i..w1Yf1-riiiilY'�IiiW W�iYl Yiili 1. 46. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AMEND RESOLUTIONS 89-443 AND 89-6499 WHICH AUTHORIZED ISSUANCE OF CITY OF MIAMI BONDS; AUTHORIZING CITY OFFICERS TO TAKE INCIDENTAL ACTIONS -AS SHALL BE NECESSARY TO ACCOMPLISH ISSUANCE OF DEBT SERVICE RESERVE ACCOUNT SURETY BOND. r-------------------------------------------r—rrrr—r—rrYr--r—rr—rrrr—r—rr—WY—W Mayor Suarez: Item 29. I'll entertain a motion to defer, companion item. Commissioner Dawkins: What did you have to say before I move to continue this one? Mr. Carlos Garcia: No, I only was going to say that 29 is a companion item to 28. Commissioner Alonso: Companion item. Commissioner Dawkins: OK, defer it. Commissioner De Yurre: So he agrees to defer. Mayor Suarez: Moved to defer. Commissioner Dawkins: Continue for information, further information. Commissioner De Yurre:Second. Mayor Suarez: Seconded by Commissioner De Yurre. Carlos, in that process of convincing all of us that these things make sense, I want to be convinced that z al V these borrowings make sense at al . I mean, if I have the cash flow analysis correctly in my mind - I did it for my 13-year-old son the other day, just from memory, I think' I mentioned -that to you - sort' of when themoney comes in the principal real estate tax come in, I think December, January and February... Mr.. Garcia: We have all those documents available, Mr. Mayor. Mayor Suarez: ...March, etcetera. I`want to see a'curve, and . -I don't think that we should generally have to borrow, any money except possibly, you know,. December, January and February, that we should be hitting the'peak of our income at that point. From that point forward, we should able -to borrow from f; our own accounts for other needs. And the fact that sales tax.may be slightly. lower, that's something that should be part of our budget.`'I don't.see why we .: should be borrowing to meet that. "§ Commissioner Alonso: It gives us a very funny feeling to see this at the end of the budget.' Mayor Suarez:' It does, realty, Call the roll. t Commissioner Alonso: Very confusing. ON MOTION DULY MADE BY COMMISSION DAWKINS AND SECONDED BY COMMISSIONER DE YURRE,`THE ABOVE ITEM WAS DEFERRED PENDING FURTHER INFORMATION,' BY THE FOLLOWING VOTE: s 141 Jprta 20i. �9 VIM 1! il 'Al '? t 3� � ry i AYES: Commissioner Victor Do Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vibe Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None.` ABSENT: None. iscirca.Yrr�irr W.i:.---------ii+.r-------- r—r.rl..arr-.r--------- ate---- rr--�.-------rr--iGlsirir YYarlWih '... 47. (Continued Discussion) FORMALIZATION OF PRIOR ACTION AND ROLL CALL ON APPROVAL OF AGREEMENT WITH PROPERTY OWNER FOR ACQUISITION OF ONE PARCEL IN LATIN QUARTER AREA TO BE USED FOR DEVELOPMENT OF SPECIALTY RETAIL SERVICES, AFFORDABLE HOUSING, AND ASSOCIATED USES (LATIN QUARTER SPECIALTY CENTER - Project 321038) (See label 44). Ms. Hirai: Mr. Mayor, on item 27, I apologize,. I was on the phone to my office when the roll was called, and then I am told by my staff that there was no motion. Could you repeat the motion? Mayor Suarez: Twenty-seven. Please repeat the motion on 27. We need to pass that item. Commissioner Alonso: Second. Commissioner Dawkins: What is 27? Mayor Suarez: She never picked up the movant and a second on that. Vice Mayor Plummer: Oh, yes, I moved it. i Mayor Suarez: Moved. Seconded by Commissioner Alonso. I'll deem her silence` to;.have been... Commissioner Alonso: But really, I... but go ahead, yes. Mayor Suarez:; Cal the ro11. 4 Vice Mayor Plummer: Oh, I seconded it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-448 A'RESOLUTION,, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED' FORM,' WITH THE PROPERTY ` OWNER FOR ACQUISITION OF ONE (1) tPARCEL WITHIN THE LATIN QUARTER AREA, AS MORE <PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "Au, TO BE USED FOR THE DEVELOPMENT OF SPECIALTY RETAIL SERVICES, AFFORDABLE HOUSING, AND ASSOCIATED USES; ALLOCATING FUNDS THEREFOR APPROPRIATED: UNDER FISCAL YEAR 90-91 CAPITAL IMPROVEMENT ORDINANCE NO.t' 10782, ADOPTED f; SEPTEMBER 27 1990, WHICH APPROPRIATED THE AMOUNT OF $1.8 MILLION FOR PROJECT NO. 321038 OF SAID ORDINANCE, ENTITLED "THE LATIN QUARTER: SPECIALTY CENTER"; AND AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCEL AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resoluti Qn7 was passed and adopted by the following vote: :. 142 June 20, 11 `y' k y�ml Wsalz,_�"____� NOESi None. v x ABSENT: None. iLiYrilG liilfii iii3ilGi}i-i•r--ii YY--i— i`irlW rr—r alYirww—rirr—iw—rrYi W iiYi--r— r -ilYiiwib�iiiii�illi�iGriiliir 48. FIX CERTAIN DETAILS CONCERNING ISSUANCE OF: (a) $7,000,000 SANITARY w' SEWER SYSTEM BONDS, AND (b) $3,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS - AUTHORIZE SALE OF BONDS, etc. - ----wrW.—rr—rrrwrrrrri----rui—ri-----------wrr—r.rrw-- rrr..r----------- Mayor Suarez: Item 30. Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Commissioner Dawkins: No, that's... Oh, yes, that's the one I'm voting no on. Mayor Suarez: Sanitary sewer system bonds. Where are these going to be for basically? Mr. Carlos Garcia: There's a multitude of projects that we have been working on. Commissioner De Yurre: Now, these are bonds that have been approved. already ; by the voters? Mr. Garcia: Yes, they have been approved by the voters. The capital improvement appropriation has been approved by the City Commission'. All we're doing at this time is selling $10,000,000 in bonds to fund the construction of the projects._ commissioner Dawkins: To fire prevention and rescue, what are we going to do with the three million dollars? ,J Mr. Garcia: OK, there is a List attached to the covermemo that, has -the s' projects as they have been approved by the City 'Commission prior totoday !s meeting. There is an ordinance that was passed this morning, item 12'on.first reading. - Once that appropriation is passed on second reading, `this schedule will :change. This schedule isonlya-tentativc schedule of the ways we are 4' planning to use those monies. But that will be really controlled through 'the CAP appropriation process. r Commissioner Dawkins: OK, now this morning, we got into a hassle about money. On here, you said you're going to renovate the fire station old driII tower. and -office of the Chief for $300,000. Right?' Mr. Garcia: Yes, sir. i commissioner Dawkins: Now, do you do that because... do you still have -to'-= y 4 that's OK let's go down to fire apparatus replacement, one and a quarter,Y million dollars. -Explain that to me. Mr. Garcia: OK, that's the appropriations that we have to date in place.= Once the appropriation that was passed this morning on first reading is passed on second reading at the next meeting, that appropriation will be reduced by $454,0000 Which is the amendment that was - passed this morns ng So essentially the schedule that we have is prior to this` mornings #first reading, Commissioner Dawkins: Then what happens if it passes at the.., which it will, because it passed the first reading this morning, no problem, What happens to the balance of the money in fire apparatus replacement? What happenslo the balance of the money in that fund? F i i 143 June a £ t Y 4 4 Mrs 'G ddf. It will stay therein that fund. Commissioner bawkinss How does it get out of that fund? Mr. Garcia: By having an appropriations ordinance again approved by this City Commission. The capital improvement program appropriations ordinance. Commissioner Dawkins: Although we told the voters when they voted for these bond issues that we were going to buy fire apparatus... Mr. Garcia: Commissioner, I... Commissioner Dawkins: ...and now, you're going to go back without notifying the voters, and take this money and do something different with it. Mr. Garcia: My understanding is that when the voters were... when this, referendum was passed many years ago for twenty-one million dollars, the voters were not told exactly how the money was going to be spent. They were told that they were going to be used for fire fighting purposes, but the actual amount of monies to be used for every line item or every type of project, was not given to the voters. That's... Commissioner Dawkins: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Dawkins: The budget... the Finance Director says that even though I went to the voters, and encouraged the voters to pass a bond issue, at which time the bond issue was passed, that this Commission set up and allocated the money into certain line items. Then I'm led to believe ;that did not tell by identifying the line items in which this money was placed. I did not, in any way, indicate to the voters that the money would be spent for the purpose of... with line item four. In other words, I just told them this because I knew down the road, I was going to change it. Is that a valid.... Mr. Fernandez: Yes, when the City goes out for general obligation bonds, the City must specify. However, not specifically, but must give the voters a sense of whether this would be sewers, or whether this be road improvements, or whether they be capital improvement. That general type of description must be given to the voters. However, when it comes down a more specific detailing within that general category of how the money can be spent, the voters do not get that type of information, and that's within your discretion to do that. So let's say that the twenty-one million dollars - and, again, I don't have all of these things fresh in my memory - but if !the twenty-one million dollar bond issue was put out for capital improvement - is that correct? -then that means that the City, you, the five of you, can decide and determine which are the capital improvements in which that would be spent. On the other hand, when the City goes out for sewer bonds, those monies cannot be used for other type of infrastructures or other type. It has got to be spent for specifically sewers or bonds or, I mean, road improvements, whatever they were put out for. Commissioner Dawkins: OK, my problem goes back to what I said this morning, and I'm going to say it again. You just heard the Finance Director say that he's got to borrow $400,000 from some place to balance the budget. You're going to need fire apparatus to be replaced ink the next two years. There's going to be no money. The economy is already bad enough. You aren't going to be able to sell, I don't believe, any voters on passing any bond issues and, again, we are taking money that should be left in place to buy fire fighting apparatus so that the Fire Department, in my opinion, will have that sort of equipment to help it better save lives, property and serve the community. -Now that's... I just don't see how... Mr. Fernandez: And within those bonds you're correct. What the Fire Department is doing, as I understand it, is within that general categories of their bonds, they're moving those around. And that would be then ultimately a policy decision that, you know, the administration has made and recommended to you. Commissioner Dawkins: And it's one that I voted against this morning, and will be voting against now. 144 June 20, 199 Yt Mr. Fernandez: But the item is property and legally in front of you. It's a question of policy. r� Commissioner Dawkins: Anything that gets on this agenda is legally before us. Mr. Fernandez: Correct. ` Commissioner Dawkins: OK, thank you. Mr. Fernandez: Hopefully. Mr. Garcia: Commissioner, could I read to you the langua a that was approved by the voters. It was ordinance 9296, and said that the 121,000,000 in bonds was going to be used for the purpose of paying the cost of firefighting, fire prevention, rescue facilities, including, but not limited, to fire stations equipment vehicles and communications systems. So that's the language that was approved by the voters. Commissioner Dawkins: OK. How much of the, bond... the $21,000,000 has already been spent? Mr. Garcia: We have sold... Commissioner Dawkins: Wait a minute, wait a minute. Hear me out, then answer me. Of the $21,000,000 how much has already been spent for improving buildings and software like computers and fire museums and video for training, and what have you, and for Fire Department master plan. How much has already been spent of the $21,000,000 on those type of items? Mr. Garcia: I don't have that information with me, but I'll be happy to give you that. Comm ssioner.Dawkins: All right, would you say then that... OK, get that.to. me. OK. No further questioning. Mayor Suarez: OK, we're on item 30. We have a motion and a second, do we? Vice Mayor Plummer: I moved it. 4 } Mayor Suarez: It's been seconded? Ms. Hirai: No, it hasn't. Mayor Suarez: I second the item. Vice Mayor Plummer: Sound like an echo up here. Commissioner Dawkins: It's been properly moved and second. Any further discussion? 'Call the roll.' x n f r. v i g 1 >r' i r L yr d �y 7- ]g t 145 June 20, t i q 4 F77 -1FPON ;. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-449 A RESOLUTION, INCLUDING EXHIBITS A AND B, OF THE CITY OF MIAMI, FLORIDA, FIXING CERTAIN DETAILS CONCERNING THE ISSUANCE OF THE CITY'S $7,000,000 SANITARY SEWER SYSTEM BONDS AND $3,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS; CONFIRMING THAT SUCH BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY ; DIRECTING AND AUTHORIZING SALE OF THE BONDS BY PUBLIC BID AND DIRECTING PUBLICATION OF THE NOTICE OF THE SALE OF SAID BONDS AND ESTABLISHING THE DATE AND TIME FOR SUCH SALE; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND AUTHORIZING THE DISTRIBUTION THEREOF TO PROSPECTIVE PURCHASERS; AUTHORIZING ACTIONS AND EXECUTION OF DOCUMENTS BY OFFICIALS OF THE CITY; APPROVING THE USE OF BOND INSURANCE IF REQUESTED BY THE PURCHASER OR DETERMINED BY THE ISSUER TO BE DESIRABLE; PROVIDING AN EFFECTIVE DATE; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING SEVERABILIJY AND EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AND CAPABILITIES TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN/OPERATE A SOLID WASTE PROCESSING FACILITY. .1Y i111iY.YiY Y+l it lb YY yfl�� W iYiYii W. Yi �i ilY i\ Ib YJ. i..i/i�YYi��1Yff' iY (. Yi Yi.iii.. iY YY1flv w YY�i YYl W YY Ii� W Y W is11Y /Y.. YY Y�YiII�iY WiIW W Yii.►..i. ii. W W iY. Mayor Suarez: OK, item 31, RFP, proven... Vice Mayor Plummer: Move it. Mayor Suarez: ...aerobic composting technologies. Commissioner Dawkins: Let me ask a question before you carried away here. We went into recycling in an effort to provide jobs and etcetera for the people _ in the City of Miami. And now you're getting ready to put composting away from the City of Miami, and make it private. Is'that a correct statement? Mr. Ron Williams: Not exactly, Commissioner. Commissioner Dawkins: OK, well explain to me where I'm wrong. - Mr. Williams: In this RFP that we have before you, we're attempting to address the somewhat uncontrollable issue of the disposal of the City's garbage, waste, trash, rubbish, etcetera. Essentially what we're proposing to you is that you allow us to issue an RFP wherein we can ask the industry out there to provide us with proposals as to how we might be able to dispose of our collective materials in a fashion that's more economical than kind of being under the controllable hand of Metropolitan Dade County. Commissioner Dawkins: OK, I'm going to read to you from this, and then you explain it to me. To design, construct acceptance tests, finance, own, operate a solid waste processing facility. To own and operate. Now that's in here. Mr. Williams: That's right. Commissioner Dawkins: So, therefore, the City will no longer own it, so it ` would be private. Mr.Williams: Well, we don't have one at this point, Commissioner. Essentially what we have to do is, by basic contract at this point, is to dispose of our collections with Metropolitan Dade County. We committed to do thatsomeyears ago. We either do that by way of taking it to one their transfer stations or one of the other facilities. We'd like to look around the industry to see if there's some opportunity to reduce that cost by asking private industry to propose a way for us to put a cap, or in some way control what that amount is. At present, we pay Metropolitan Dade County $42 a ton for these disposals. Several municipalities around us, in- particular,,, Metropolitan - I'm sorry, Broward County - has gone up to sixty plus dollars. Certainly we know that the cost of this disposal is continuing, and we'IJ be confronted with the same thing. At this point, we're just asking you to allow us to look around the industry to see what's out there. If it makes sense in terms of saving dollars, we'll bring it back to you and recommend it If it does not make sense, most certainly we won't recommend it. This will have no t` effect whatsoever on our collections, and the staffing effort that we basically employ to make those collections and transportation. This is something - I won't equate it to some of the ideas that Dade County has had in - terms of alternate disposal techniques - but most certainly it is designed to cap or bring us under control as it relates to what we pay for disposal. Commissioner Dawkins: OK, I'll go back to the statement made by J.L. Plummer this morning. Why are you going out for an RFP to come back to tell me if you should or you should not? Now, when I said gv out for an RFP to build an administration building, J. L. Plummer said, you shouldn't tell people to do the RFP if you're not going to build a building. Now, you come this afternoon and say, well, let's go out for an RFP, and then we will determine how much, or whether we're going to do it or not. It's going to cost these people money to prepare an RFP. So I don't know. Mr. Williams: Certainly. 147 June 200 199 k, Pr L ? k+ + �Y ry 0hMMissioherrt Dawkins: wean, nodidn't ask fors.. I was just tnakirrg an observation, that's all. } Mri-Williamsi Well, the technology... s� COMissioner Dawkins: No, I don't need no explanation from you. I trade an observation, that's all. Go right ahead now with whatever else you all goti Vice Mayor Plummer: Can I make an observation? 4 Commissioner Dawkins: I don't see why not, you speak English. Mayor Suarez: It's a relative judgment here. Vice Mayor Plummer: You know, I'm going to have to talk to Nancy about you. Commissioner Dawkins: Please don't. y, Mayor Suarez: It's the lunch. It's the lunch that he... Vice Mayor Plummer: That's the only way to get even. Mayor Suarez: -It's what he had at lunch, that's what worries me. All right. On item 31, Vice Mayor Plummer anything? Vice Mayor Plummer: I moved it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. This is not going to cost anything, is it? Mr Williams: No, Mr. Mayor. Vice Mayor Plummer: It's not going to cost us anything. Commissioner Alonso: What we are doing is looking at ways to save money. The County is charging us so much that they are looking... yes, it's on. Mayor Suarez: He likes what you're saying so he wants you to get close to the..: mike. Commissioner Alonso: Yes... Mayor Suarez:'' And -when he doesn't, he goes like this,- get away, get away1 ComnissIoner:Alonso: So what::. actually what we are doing is trying to get better prices because the County' continues to increase the price,,and 'it's going to getto the point that we cannot reallymaintain these prices without increasing the collection from the general public. So I think it's verywise . to go -into this. x , Mayor Suarez: But we're giving our product here, or by-product, whatever you want to call it, to someone, but we're not paying for that "person. to-do anything with it, are we?' Mr. Williams: At this point, Mr. Mayor, we're not paying...': Vice Mayor Plummer, We're not paying anything. Mr. Williams: Most certainly we will encourage respondents to place `in 6 F ' 1 incentivestheir package so that we can take that into consideration. =; r Mayor Suarez. I have no idea what the hell that means. I gust want°to be sure that we're not paying anybody to dispose of recyclable solid waste. If we can't come up with a system - or compostable solid waste'- if we can come up with a system where this stuff becomes valuable to the taker, then we've got aY problem. Because that's what they're doing in other parts of the z �f t y 148 June 20# ±Y } i Flowa.�ii xT c� r industry cahtands, Mr. Mayor," and that's one of the reaor�s r Mr. WiI1iamb: The lndu at clearly them is a market for these materials, and x we want to test it, th Mayon Suarez. At le ast zeta. I mean, at least not have to pay for sornebbdy to dispose of it, and to process it# to ay for that, Mr. Williams: That's right. We're expecting to not have p Yost sir. hav Mayor Suarezank Th You. I was hoping to hear that. OK 1 on item 31 we roll1 e a motion and. a second. Any further discussion? If not, p ummer, who The following resolution was introduced by,.Commissioner P1 moved its adoption: RESOLUTION NO. 91-450 A RESOLUTION AUTHORIZING THE CITY MANAGER A FORM A CCEPTABLE TOUTHE REQUEST FOR PROPOSALS, IN CITY ATTORNEY, TO SELECT A FIRM THAT HAS EMPLOYED PROVEN AEROBIC COMPOSTING TECHNOLOGIES OG ACCEPTANCEA TESt� CAPABILITIES TO DESIGN, CONSTRUCT, FINANCE, OWN/OPERATE A OLID FOR THE CITY; WITH SAID SELECTION TOWASTE OCBESPRESENTED ING ITO THE CITY COMMISSION FOR ITS W WITH SAIDD FIRM OVAL PRIOR TO EXECUTION OF ANY CONTRACT (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 Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. ' ------ - --------------- ------ ------ ------ ---------------- ----- 50 AMEND 91-126 (WHICH RELATED TO EMERGENCY ACQUIS T IOF �OUTH RCENTER' EQUIPMENT, GOODS AND/OR MATERIALS FOR DEVELOPMPROCEED PROJECT AT CURTIS PARK) TO PERMIT CITY. MCONSTRUC NAGER TO AGREEMENTSAND EXPRESS COMMISSION APPROVAL IN EXECUTION OF EXPENDITURE FOR CONTRACTS / AWARDS - WHERE CONTRACT DOES NOT EXCEED $250,000. --------------------------------------------------------------------- - '-- 32 as per Commissioner De Yurre. I was thinking that you Mayor Suarez: Item , r have to encourage some favorable votes here as we approach item 32, so... Commissioner De Yurre: The situation with item at Curtis Park is that in order to exped ite and the neigh bors in that area, are in greatnanh$tP$nything what is going to be built f here'thousands the ad after administration'sfeeling through the ' bidding under two hundred an Y tract process, that they can just go ahead and to the best bidder awbeoreethe nCity, without having to avoid having to wasteit expeditesnahnumberg of months in the our City Commission. And this way, cess process, and they feel comfortable that this will expedite othe ectothat weand have hurt it to any degree at Mr�lPrietofPortarohereathat can address any question in hand. And we h that any of my fellow Commissioners may have. If not, I'll just move the item. Mayor Suarez: $o moved149 F' i,x.w 6 �s �- - Vice Mayor Plummer: Second for discussion. This in no WAY eliminates +competitive bid+dings Dr. Luis Prieto: It does not. Vice Mayor Plummer: OK, Do I have the assurance, that any and all awards will still be brought before this Commission for our awareness, if nothing more. Mr. Prieto: Yes, sir, we'll give you all these awards after they have been awarded as a cleanup package for your understanding as to what took place. Vice Mayor Plummer: OK... Mr. Fernandez: In fact, you should be made aware that what you're doing by this resolution is merely giving the City Manager the latitude. That doesn't mean that we would necessarily always do it that way. In fact, today you have item 38 which is an item that presumably now he wouldn't have to bring in front of you. It's still in front of you, which is an item for less than $250,000. Vice Mayor Plummer: But this eliminates this Commission's right of ratification. Mr. Fernandez: Correct. Correct. Vice Mayor Plummer: OK. I want to make sure... I'd better no hear of anybody saying, hey, I didn't get to bid, or, hey, my bid was blah, blah, blah, - because that's what we're here to watch. Commissioner De Yurre: No, part of the process is that they have to go through the bidding process. Vice Mayor Plummer: Competitive bidding. Commissioner De Yurre: Yes, that's right. Vice Mayor Plummer: OK. Mr. Smith: Mr. Vice Mayor, as far as letting you know what awards were made, is it OK if we just send you a memorandum? -after the fact? Vice Mayor Plummer: Yes, sir, I would expect every member of this Commission would receive any and all bid awards that are made by the administration, and I think it would only be proper that in the long final run, that they come for f this Commission for final ratification as we've done in other cases. After the fact, fully understandable that that's our way of being able to ask questions if we need to ask questions. L Mayor Suarez: OK, a motion... do we have,a second? _ Ms. Hirai: Yes, sir. Commissioner De Yurre: Second. Vice Mayor Plummer: I seconded it. k, Mayor Suarez: call the roll. j< r: r - G _ r __ 3 �T^ h L `, - The following resolution was introduced by Commissioner De Yurre, who Mooed its adoPtWl RESOLUTION NO. 91-461 A RESOLUTION AMENDING SECTION 4 OF RESOLUTION NO. 91- 126, ADOPTED FEBRUARY 141 1991, WHICH RESOLUTION RELATED TO THE EMERGENCY ACQUISITION OF SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS REQUIRED FOR THE DEVELOPMENT OF THE CITY OF MIAMI YOUTH CENTER PROJECT LOCATED AT CURTIS PARK, BY PROVIDING THROUGH SAID AMENDMENT THAT THE CITY MANAGER BE PERMITTED TO PROCEED WITHOUT EXPRESS CITY COMMISSION APPROVAL IN HIS EXECUTION OF CONSTRUCTION AGREEMENTS IF REQUIRED FOR SAID PROJECT AND IN HIS EXPENDITURE OF MONIES FOR - CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID PROJECT WHERE SAID CONTRACT OR AWARD DOES NOT EXCEED $250,000. eoeClerk.)tted here and on file inthe Officof the City Upon being seconded by Commissioner Plummer, 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. Mayor Suarez: What is the expected date of completion of the first phase? Mr. Prieto: Of this first phase? -by late September we should have the track... Mayor Suarez: Why do I get the feeling you're going to do this before the November election? Commissioner Alonso: Oh, you bet. Mayor Suarez: All right. } 51. CLAIM SETTLEMENT: LINN BAZEMORE ($130,000) (Later reconsidered - see label 60). ------------------------------------------------ ----------------------------- Mayor Suarez: Item 33. Vice Mayor Plummer: I was supposed to be the one asking that. Mayor Suarez: That's right. Mr. Jorge Fernandez: Item 33... Vice Mayor Plummer: Maybe that's why it's Victors and... -�' Commissioner Alonso: Why do you ask questions like that? Mr. Fernandez: Mr. Mayor and Commissioners, item 33 is an item that cones to you from my office, is proposed settlement of a case. We have attached the settlement memorandum, and we have individually met with either each of your or senior members in your staff, and we have explained to you why we, together with the Fire Department and Risk Management, believe that this settlement at -r this time is in the best interest of the City. The bottom line... if you'd like to hear a brief summary of the case, the attorney that's litigating the case and is... -�3 151 June 0 190 - Commissioner Alonso: Second.. k Mayor Suarez:Seconded. Any discussion from the Commission? Mr. Gonzalez Goenaga, sir. Mr. Manuel Gonzalez-Goenaga: Yes, I have heard a lot about the City settling and losing cases. Who supervises the legal department? -because of the City of Miami. Mr. Fernandez: I do, sir. Mr. Gonzalez-Goenaga: No, no, no, but who supervises you? Mr. Fernandez: One, two, three, four, five of them. Mr. Gonzalez-Goenaga: Five Commissioners. Have they made any evaluation? Because- from what I have read in the papers lately, I am afraid I might be wrong that this City attorney office is doing a lousy job. And in many other instances, they are taking outside help for something that can be done internally. I don't have substantiation of that. Maybe the five Commissioners who are very well aware of what's 'going on here every day, or at least they are supposed to know, I would like th... Where could I get a report on the performance of the City Manager - of the City Attorney's office? Commissioner Alonso: Ah, in this booklet... Mr. Fernandez: In fact... Mayor Suarez: It just came in today. Commissioner Alonso: Right here today you will hear. Mayor Suarez: You can -have my copy which I have perused quickly upstairs.; Mr. Gonzalez-Goenaga: I see. OK. 4 Mayor Suarez: All right? Thank you. Call the roll on the item. Mr. Fernandez: Mr.Mayor, I would like to use your good offices to... Mayor Suarez: Excuse me, Madam City Clerk. Mr. Fernandez: I'm sorry. To invite the gentleman whom I don't have the pleasure of knowing, but through your offices I would be delighted; to ^ entertain him in my office one day and share with him a few things:about"the legal practice. a Mayor Suarez: Well, how the hell are we going to do that my office, if it, going to be in your office? Mr. Fernandez: That's right. But I just... I want you to... Mayor Suarez: I know it was a figure of speech. Please strike al the references to the place that people don't want to go to when they die. I mean to say heck. All right, call the roll. { z s � f the following resolution WAS intrDdutdd by Co issioner Dawkins, who move its edoftiont RESOLUTION NO. 81452 ;r A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LINN BAZEMORE* WITHOUT THE ADMISSION OF LIABILITY; THE SUM OF $130000.00 INIFULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 9O- 51436(CA 05), UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, SAID FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) [Note: R 91-452 was later reconsidered by M-91-460. See Related M-91-461.] 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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor J. L. Plummer, Jr. Mayor Suarez:. Otherwise known as Hades and some other terms. 52. ACCEPT GRANT ($250,000) FROM U.S. DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE, FOR CAPITAL IMPROVEMENTS TO DORSEY PARK, UNDER URBAN PARK AND, RECREATION RECOVERY PROGRAM (UPARR). ------------------------------------------------------------------------------ Mayor Suarez: Thirty-four. — Commissioner Dawkins: Move it. Mayor Suarez: Moved. Commissioner Dawkins: They're going to come back and explain to me some other things on it, but I move. Mayor Suarez: OK. - Commissioner Alonso: Yes, second. 1 Mayor Suarez: You always get your way. Seconded. Any discussion? Call the r roll. t; ,t { 153 June 20, 1991 ,® +' - t ,r37ZY Th9 following resolution was introdUced by Commissioner Dawkinso who Moved its adoption: RESOLUTION NO. 91-453 A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE OFFER OF A GRANT IN THE AMOUNT OF $250,000 FROM THE U.S. DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE FOR CAPITAL IMPROVEMENTS TO DORSEY PARK UNDER THE URBAN PARK AND RECREATION RECOVERY PROGRAM (UPARR); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ACCEPTANCE OF SAID GRANT. (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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor J. L. Plummer, Jr. 53. RATIFY MANAGER'S UTILIZATION OF ENVIRX,, INC., FOR CLEANUP OF LEAD CONTAMINANTS FROM POLICE DEPARTMENT FIRING RANGE (CIP 312019: MPD FIREARMS RANGE RENOVATIONS) (See label 55)`. -------------------------------------------------------------- --------------- Mayor Suarez: Item 36. =� Commissioner Dawkins: Move it. Mayor Suarez: Moved. Commissioner Dawkins: If asbestos is dangerous, I know that lead is dangerous. Mayor Suarez: OK, I hear a second? Commissioner Alonso: Yes. Mayor Suarez: Thank you. Any discussion? Ifa.not, please call the roll on 36. The following resolution was introduced by.Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-454 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE r CITY MANAGER'S UTILIZATION OF THE SERVICES OF ENVIRX, INC., FOR THE CLEANUP OF LEAD CONTAMINANTS FROM THE MIAMI POLICE DEPARTMENT FIRING RANGE, AT A COST OF $17,257, WITH FUNDING ALLOCATED FROM THE 1991 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 3120199 "MPD FIREARMS RANGE RENOVATIONS" TO COVER THE CONTRACT COST. a„ _ap, f �' �:� asks �„�,t'=r '�a' �• + h pq t , AYES: ictor Be YUrre Commissioner V CoMissioner Miller j. DaAUB Commissioner Miriam Alonso r Mayor Xavier L. Suarez s� NOES: None. } ABSENT: Vice Mayor J. L. Plummer, Jr. --I------iLYti-----YW—i(ilY--iY----------------------Y----r--------id-----iWiYi➢i'i . 'V. S4. ACCEPT BID: MPCS VIDEO INDUSTRIES HOLLYWOOD, INC., FOR FURNISHING , MISCELLANEOUS VIDEO EQUIPMENT (for Police Dept.) --------------- a_------------------ ------------------------------------------- Mayor Suarez: Item 37. Small item. Commissioner Alonso: Yes, we might as well. ` Mayor Suarez: Obviously, we're not going to spend a lot of time on it, but it doesn't do real well when we can't get a local vendor. I mean, is it something so specialized? Commissioner Alonso: I know. - Mayor Suarez: Or did they just went out... Lt. Joseph Longueira: No, sir, it wasn't specialized. It's just video equipment. I'just believe they were the low bidder. Mayor Suarez: OK. Commissioner AlonsosYes, one woman and two minority participated. Mayor Suarez` All right. With the local bidders getting their usual five percent... Commissioner Dawkins: Ten percent. Mr. Carlos Smith: They were low bidder. Mayor Suarez: Ten? -ten percent? 7 - Mr. Smith: They were low bidder. Even with the ten percent. 1 Y e Mayor Suarez: Even with the.ten percent preferential? r- Mr. Smiths Yes. Mayor Suarez: OK, I'll entertain a motion on the item. Commissioner Alonso: I so move. �1 Mayor` Suarez: Moved. Mr. Manuel Gonzalez-Goenaga' Question. _ Mayor Suarez; Wait, we're going to try to get a second. Do you want to second it? 4{ Commissioner Dawkins: Because I believe that we can find it locally just As cheap. This is my belief.` Mayor Suarez;' Whatever happens on this vote, we should certainly... I mean., it's not a big item, but we should certainly alert some of the companies that: supply this here that, you know, here's,.. Mr. Smith: Commissioner, there were 31 invitations sent, and only throe bid it: k " L 11 �`C pp pp 155 1 ;: 091 7 ' y R R,j Ep F _ - f Mrs. What is the video equipment's domissioner Dawkins: Whet are you buying? j- �F _ Mr.I'm sorry. Mayor Suarez: OK, You both asked the sane question at the same time. What is it? Lt. Longueira: Sir, this is video equipment for DUI enforcement. Commissioner Dawkins: DUI? Lt. Longueira: Yes, drunk driving. It videos the offenders while they're impaired. Mayor Suarez: Basically camera moving... Lt. Longueira: Camera equipment. You know, the controllers, the dollies to move them, the monitors, the recorders, everything. Mayor Suarez: You would have thought that some local... Mr. Smith: Mr. Mayor, there were... Mayor Suarez: ...with a ten percent preferential edge they would have... Commissioner Alonso: It's incredible, it's very strange. I don't know why. Mr. Smith: Of the three bidders, there was... the lowest bidder, one recommended from Hollywood. There was one from North Miami Beach and one from Miami.-. Actually Dade County. And the low bidder is $13,3050 and the next lower bidder is $15,489, which is over the ten percent... - Mayor Suarez: OK, this non -local is Hollywood? Mr. Smith: Pardon me? 3 Mayor Suarez: Non -local here was Hollywood? Mr. Smith: That's correct. ` Mayor Suarez: The winning bidder was Hollywood? Mr. Smith: Yes. Lt. Longueira: Yes. Mayor Suarez: Oh, hell,.that's almost local now days. Vice Mayor Plummer: In effect, what are you buying? Lt.;:Longueira: ;Sir, it's the video. equipment for the DUI enforcement.: ._ Mayor Suarez: You,'re beginning to sound l ike him .over. here,,• We just went through that, r G Vice Mayor Plummer: I'm sorry that I was out of the room. And, you're buying what?, -cameras? Lt. Longueira: Cameras, cabling, monitors, lenses... 4` Mayor --:Suarez Dollies. A Vice Mayor Plummer: In ,other words, you're duplicating dust 10:the eame amount of money we ,just spent in the Fire Department, Lt. Longueira. Sir, this is inside where we bring the DUI offenders,,and test r#f* ahem. Vi;e Mayor Plummer., Lot me tell you about that, Mr, Mayor ,; Yvu went toa i:eer about deployment? r. { 156 +gi g 20 . too x� nxkYt e'�a tip 5 i����`sa $uys�f� yti �jw 1 s Gt ri s i �rer wi `n : No we donrt� J'IJ'onor Aionso. No kF; J Vice Mayor Plum e-r. Mr. LOW r&y.. r� Lt. �anguei ra. Yas, s1 r. arrest a man for a possible � Vice may Plummer. If I arrest a man•.• if you McDonald, where do you take him to test him? DUI on Grand Avenue and Lt, longueira: South substation. Vice Mayor Plummer: Where? Lt. Longueira: i believe the south substation. Vice Mayor Plummer: Believe again, Well, I've been there, and live seen equipm ent there. Lt. Longueira: the last three weeks, the only place you 've had open Vice Mayor Plumper: For for DUI testing is Liberty City. be the equipment is the problem, because what we Lt. Longueira: Well,it may have is on loan. all the equipment you want at south. • No, they've got Commissioner Dawkins: the other day. I've been over there vice Mayor Plumper: They don't use it. Commissioner Dawkins: They got one at... Vice Mayor Plummer: They don't use it. They're taking DUIs... Mayor Suarez; Well, they may have the operatorsin one station... f Commissioner Dawkins: We do use it. _ City station for r Vice Mayor P1 ummer: They're taking DUIs up to the Liberty testing. be too, J. L. It may be personnel. I a personnel Maiyor Suarez: It m y P forgot... it. The Florida Highway Patrol use it. Commissioner Dawkins: We do use not using it. Do,n't.;tell me we're Lt. Longueira: We'll resolve that. but' Vice Mayor Plummer: Sir, I beg to differ. They might use; on -occasion, a full service police station. They ' e not using it as it should be, as they r _ at night, ;they have one crew oner�ndo�harecpulled forLDUi,tthat's , ave mostly h . stati on on 62nd Street, and I don't care wh _ y in the central location... T S! where you 9 o for testing• Not downtown ones De Yurre: By the time you get there, you`ve sobered up. Commissioner r Vice Mayor Plummer: That's right. Lt. Longueira: We'll report... better than that,Now Plummer; Then, let me tell you what"`s even Vice Mayor P them and put them, -- the judges awah ��hannelh7? hat you take' them to court, on t y11 about DUI counter. school.. Have you seen t t series out there, and let me t tel l you,, it s That'sa beauty. The judges put them �'lYii 1 'il A rt'='�i*'*= ✓ 4 k� �i n� Vied Mayor Plummer: I'm going to get it in every time I can. Be awards �. x.; Mayor Suarelt As to item.•i t Commissioner Alonso: Are we going to get an answer? Mayor Suarez: As to item thirty... Lt. Longueira: I'm going to check in. We're going to respond back to all of you. Mayor Suarez: Maybe even later on this afternoon, if you're able to, Joe. Vice Mayor Plummer: Mr. Mayor, I'm sorry to do this to you. May I back up to item 33, that obviously was done... Is it? No, I'm sorry... Mayor Suarez: Yes, you may approach the mike, ma'am, and... Oh, I was afraid you were going to pick up and his extraneous commentary. Vice Mayor Plummer: May I go back to item 36 for a minute? Commissioner Alonso: `thirty-six? Vice Mayor Plummer: Yes. Mayor Suarez: Yes. Ms. Hirai: Can we do it at the end of this? _ Vice Mayor Plummer: What? -37? Ms. Hirai: At the end of 37 so that... Ms. Ida -Maria Cevasco: Regarding that DUI... Mayor Suarez: Name and address, ma'am. Vice Mayor Plummer: Huh? E Ms. Cevasco: Oh, Ida -Maria Cevasco. Vice Mayor Plummer: Who did that come from? Ms. Cevasco: I live at 3725 S.W. 1st Avenue in the City of Miami for 39 years Commissioner Alonso: Good for you. Mayor Suarez: Oh. the famous Ida. - Ms. Cevasco; Now, I didn't come here for DUI, but the fact is that the Florida Highway Patrol is in front of my house every night with this DUI... Mayor Suarez: What's going on in front of your house every... I mean, what's r� - going on inside your house every night that they should be there?� Ms. Cevasco: .I -don't know? My house is a police station! I told... x Commissioner Alonso: You are very lucky then to have a police car in front of r your house. Ms. Cevasco: I'm lucky? My dear Commissioner Alonso, you have no idea what I have gone through with the City of Miami police. Just keep quiet for a while. Vice Mayor Plummer: She's a former City employee. Ms. Cevasco; The DUI, they examined them right on the street there. Commissioner Alonso: Are you serious?' l Ouno ZO, loss . f xxa w; ;S P - t.- �` - a z'iN MS* COMO: All this nonsense on the ` street in front of M KbMd and all these lights going into my home! Vice Mayor Pl UmMer: Excuse me so You ` understand... COMWSsioner Aloinsw ` Why in front of her house? - Vice Mayor Plummer: All right, there's a reason for it. As you tome south on I-98, the first place they can pull you over is 16th Avenue. That's the first place. Her house is the first house off of 16th and Dixie. Msi, Cevasco: It's the last house. Vice Mayor Plummer: The first house off of 16th and Dixie. Mayor Suarez: It depends on which direction you're coming from. One direction, it's the last. The other, it's the first. Commissioner Alonso: So she's the lucky one. Mayor Suarez: All right. Item.. I forgot what item? Commissioner Alonso: He's going back to 36. Ms. Hirai: Thirty-seven. Mayor Suarez: Thirty-seven. We have a motion. We don't have a second. Will anybody second the... Commissioner Alonso: For what? Mayor Suarez: On 37 to approve the... Vice Mayor Plummer: Who made the motion? Mayor Suarez: You did, I think. Vice Mayor Plummer: No, I did not. Commissioner Alonso: Thirty-seven? I did, I think. Ms. Hirai: Commissioner Alonso moved it. Mayor Suarez: Commissioner Alonso made the motion. , Ms. Hirai: Commissioner Alonso moved it, we need a second. Mayor Suarez:` Vice Mayor Plummer seconds - please. Vice Mayor Plummer; Go Mayor Suarez: All right.` Comm ssioner'Dawkins:` Are we on 37? 3 May Suarez: Yes. Ms. Hirai: Yes, sir. J't. Mayor Suarez: Call the roll on 37 then. r try i P , s Y ` � � June m 10 1 i .h � Atli t The following resolution was introdUCed by Commissioner Alonst:, who moved: its adoption: RESOLUTION NO. 91-05 A RESOLUTION ACCEPTING THE BID OF MPCS VIDEO INDUSTRIES HOLLYWOOD, INC. FOR FURNISHING MISCELLANEOUS VIDEO EQUIPMENT TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $13,305.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT a TRUST FUND PROJECT NO. 690001 ACCOUNT CODE NOS. 290952-722 ($1,458) AND 290962-840 ($11,847) SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (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 Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 55. (Continued Discussion) FURTHER COMMENTS. CONCERNING CLEANUP OF LEAD CONTAMINANTS AT POLICE FIRING RANGE (See label 53). ------------------------------------------------------------------------------ Vice Mayor Plummer: May I go back for one minute to 36? Mayor Suarez: OK. Vice Mayor Plummer: Joe, is this only to clean up the range? Lt. Joseph Longueira: Yes, sir, this is to clean out the lead contaminants that had to be removed. Vice Mayor Plummer: And what are we doing about reopening the range? Lt. Longueira: OK, our next step is we're getting a proposal on the ventilation systems so that this doesn't happen again. And that will be designed to go out to bid. As soon as that's put in, the target system which we already have been awarded, that will be put in and it will be operational. Vice Mayor Plummer: Mr. Mayor... F Mayor Suarez: Yes, sir. Vice Mayor Plummer: We have, for the past - has it been closed two years? R: Lt. Longueira: Yes. Vice Mayor Plummer: For the past two years, I have been on this particular issue. Everyone of our policemen who have to qualify every thirty days? Vice Mayor Plummer: Qualifying every quarter. Commissioner Dawkins: No, no, no. Now we do it how often? Lt Longueirat Now we do it once a year. Commissioner Dawkins: Once a year. Don't say four now. Vice Mayor Plummer: OK. Let me give it to you. These policemen today are having to go to Medley, on duty. They are taking better than a half of their day to go out to Medley to qualify and come back to check into service, is taking in excess of five hours of a policeman's day. Lt. Longueira: Sir, now we do it... Vice Mayor Plummer: For over two years that this thing has remained closed, and not being used. One other area that I've been screaming about for - I'll say no more. Commissioner Alonso: When is this special session again? -that we're going to have at the end of August? Commissioner Dawkins: It's going on now... Mayor Suarez: The first -Thursday in September. Vice Mayor Plummer: Huh? What's going on now is they're having to go to Medley. Mayor Suarez: Is that in the process of being resolved, I presume? 'Is that incorrect7' Lt. Longueira:- We don't do pit the same way any more, sir. It's now a week training session, a multiple of items. One of tpose items is the range. I 's not where they leave duty to go shoot and come back. Vice Mayor Plummer: They are qualifying on duty. They are, they're taking.a. 10 to go out there, Joe. Lt. Longueira: I'll personally check that and let you know. f, is Vice Mayor Plummer: You do it. s ii 1 '�i301i1.ti:i.lYfi�.Y11111fi1Ylsr.ltillli{ittltliYililWYlWIitNYYIWYaliY1{'71YIYIYI1�IIi�ifafY111i1iY11iii1il4Wi11i1iiilYllitliSY1'YiYYi1.YYY�11iliY®Yi YffYialtiYff.liWli.l{Yi1W1YctYY�liYlii.lLiYs ;. 5O. ACCEPT BID: G-T SPORTS ENTERPRISES, INC. ($225,000), FOR CURTIS PARK REDEVELOPMENT . TRACK SURFACE PROJECT B-9983-B (Project 331353)6 - ---------------W------IIYYW-f►--- ------i-•---------------YPi iYilKiiYYYIYWiOY�iLW .i '; j Mayor Suarez: All right, item 38. Commissioner Alonso: Move. Y Mayor Suarez: Moved. Accepting the bid of GT Sports Enterprises. i Vice Mayor Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by�,Comnissioner Alonso, who _ moved its adoption: RESOLUTION NO. 91-456 A RESOLUTION ACCEPTING THE BID OF G-T SPORTS ENTERPRISES, INC., IN THE PROPOSED AMOUNT OF $2259000.00, TOTAL BID OF THE PROPOSAL, FOR CURTIS PARK REDEVELOPMENT - TRACK SURFACE PROJECT B-2983-B WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 107829 = PROJECT NO. 331353, IN THE AMOUNT OF $225,000.00 TO COVER THE CONTRACT COST AND $24,977.57 TO COVER THE _ ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $249,977.57; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT. WITH- SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City C1erk�') Upon being seconded by Commissioner Plummer, the resolution was.passed.. and adopted by the following vote: Yam' AYES: Commissioner Victor.De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. y4 ABSENT: None. -------------------------------- ------ ----------- ------------------------- wx 57,: APPOINT /.REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI,SPORTS. AND EXHIBITION AUTHORITY. (Appointed/reappointed were: Tony Marina, Robert Ratiner, Milton Vickers, Frankie Rolle, -J. Skip. Shepard -Steve Suarez, six appointments are still pending.) _ --_-------------- — ---- -- ': r-----l�-----w---------- ..----------------------I-�--1--�-}I�-- - _ p4 l d?- 1 ' 4 Mayor Suarez: Item 39. Appointing individuals, to serve as members of the -` Miami Sports Exhibition Authority. Commissioner Alonso. { a yt Vice Mayor Plummer; I'll start off if you wish. { Commissioner Alonso: Yes, I'll defer mine. f: 4� Vise Mayor Plummer; I am going to reappoint Tony Marina and to replace the `S late Gene Marks, I am going to appoint Robert Ratiner, R-A-T-IN_E-R and ,i Will submit the resume to the Cleric, ,t }a i62 } Jun ZQ,, 119 .1 p Mayor Suareg: Entertain those _ in the form of a motion. Any other appoi ntnient3� Mr. Sill perry! Yes, two categories. That's either one or two year = r appointments with those two names you just mentioned. x Vice Mayor Plummer: What are the categories? Mr. Perry: One year, or two year. Vice Mayor Plummer: I will make Tony Marina the one year and Ratiner, the two years. Mr. Fernandez! Now, Mr. Mayor, as you go on, you must understand that there are twelve members and two categories - six members in each category. That means that there are six members who would have one year terms and six members who would have two year terms. Commissioner Dawkins: That's what Plummer just asked. Mr. Fernandez: But then there is some of you that have three appointments and other of you that only have two appointments. So as... Commissioner Dawkins: No. Well let's get through the two appointments. Mr.'Fernandez: OK. So those of you who have only two appointments to make... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Dawkins: The Mayor had three to start with and then Miriam and had to have three in order to get somebody on. Mr. Fernandez: It's Commissioner Dawkins, Commissioner De Yurre,_ and Commissioner Plummer, because both Mayor Suarez, and Commissioner Alonso each has three appointments to make. Commissioner Dawkins: We know that. Mayor Suarez: As 'to those of us that have three appointments,what are the yearly terms? k 1 Mr. Fernandez: You could have... presumably, each of you can have one of each'- 'a- one year appointment and a two year appointment. Then only you, Mr. Mayor and Commissioner Alonso would have to decide of your third one, which one takes the two year appointment and which one takes a one year appointment. F Mayor Suarez: Can we do that in a frank discussion'anytime... x Mr. Fernandez: Sure.' Mayor Suarez: :. or do we have to do`that `in front of the media too? h G Mr. Fernandez: You can do that whichever way you can. I have a coffee can i back in my office. ' Commissioner De Yurre: Whoever gets the "X" isn't that the way it was done f before?'- whoever got the "X",that's the way it works. Vice Mayor Plummer: Wait, wait, wait. This coffee can has never set well �5 with me, because it always winds up being a Cuban coffee can. Mayor Suarez: Actually, you know what... i Commissioner Dawkins: This guy already got the "X" to start time, so youare° �+ at a disadvantage, Mayor Suarez; Mine are going to be short appointments anyhow, because I have to change mine.- You can have the two year. ; Commissioner Alonso: I,wili not make mine today. E ' e Mayor Suarez: I'm deferring mine in any event, 40.� s 163 Juno 20; s- z 5 xr i'r js1, �r E. 4 Commissioner bawkinst OK. I will put Milton Vickers in the two year slit, and Frankia Rolle ih the One year s1ot6 ' 4 Mayor Suarez: OK# So moved. And any others, Commissioner De Yurre. Commissioner De Yurre: Yes. I'll name Skip Shepard for the one year and = Steve Suarez for the two year slot. Viet Mayor Plummer: So then that leaves fiver six appointments?" Commissioner Dawkins: Six. Yes. Two, four, six. Three times two is six, Mr. Fernandez: That leaves it three of Commissioner Alonso and Mayor 'Suarez"' Commissioner Dawkins: Yes. They said they do not have 1t ready now. Mr. Fernandez: All right. So that's it. Next title. Vice Mayor Plummer: I'll move it this time that those names proffered by the individual Commissioners, be approved. Mayor Suarez: So moved. Mr. Fernandez: Now, it is the understanding of this Commission that until Commissioner Alonso and Mayor Suarez come back and are ready to make their appointment, the existing members continue to carry on. Commissioner Alonso: In my case, I have no problem. Commissioner Dawkins: It's impossible for Gene Marks to carry on. Vice Mayor Plummer: Wait, wait. Gene Marks ain't going to make that. Mayor Suarez: As to the two of us that haven't made appointments. Commissioner Alonso: Oh, well. He said only in our appointment. Commissioner Dawkins: It's impossible for Gene Marks to carry; on :j -. _Mayor Suarez: Not after the ones that were just made. :e Commissioner Alonso: In his case, he can make it possible. Commissioner Dawkins: Gene Marks cannot carry on. Vice Mayor Plummer: My appointments, as I understand it, start as of today.. Mr. Fernandez: Correctamont. [sic] That's what I said. 4 Mayor -Suarez: Why do you ask questions that complicate things?' i. Vice Mayor Plummer: God rest his soul. Commissioner Alonso: He didn't wait to listens Mayor Suarez: All right, let's vote on those nominees, please. Madam City k Clerk, would you call the roll. ,The following resolution was introduced by Vice Mayor Plummer, who moved Its adoption: " RESOLUTION NO. 91-457 A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS, MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. .. ;t (Here follows body of resolution, omitted here and on fine in the Office of the City. Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed z and adopted by the following vote: i { a oj 1t n r. 3 tC�' 3 AYES. Commissioner victor Oe Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None, ABSENT: None. 9 ..---------..__------------------------------ ---_----- ..__---------- -- 68. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS / ALTERNATE MEMBERS ON THE INTERNATIONAL TRADE BOARD. (Appointed were: William Rios [to replace- Leslie Pantin]. Teo A. Babun, Jr. [as regular member from alternate], Tom Kallman [to replace William Chavez, Jr.] Reappointed (regular members) were Howard Gary, Saturnino L. Lucio 11, Kishor Parekh, Stuart Sorg, Bill Messett, William Alexander, Waldo Castro, Rafael Diaz-Balart, Tony Zamora, Rafael Garcia -Toledo, Tony Muniz, Dorothy Baker, Marsha Sanders, Rafel Garcia -Toledo Jr., Manny G. Gonzalez, Omar Diaz-Salinero, Osmundo Martinez, Dwayne Wynn; (alternate members) Bob Rodriguez, Marie Wray, Frederick Elder, Robert Dobiecki, Carmen Lunetta, Hady F. Nuraef, Eursia Wells, and Eladio Armesto III.) Mayor Suarez: Item 40, International Trade Board. Vice Mayor Plummer: Who has appointments left here? Commissioner Alonso: Commissioner Dawkins has one. Commissioner Dawkins: OK. Mayor.Suarez: Do you have any idea if any of mine are seeking reappointment or not seeking, Kevin? Or are any of mine up? Mr. Kevin Mlles: My understanding is that they're seeking reappointment. Nobody has let us know otherwise. Commissioner Dawkins: I would like to move Teo Babun from alternate... Mayor Suarez: To permanent. Commissioner Dawkins: ...to permanent. Mayor Suarez: OK, so moved. Commissioner Dawkins: And, let me see. And I'll come back with another alternate. Mayor Suarez: As to my appointments, I'll move, to reappoint them. So as to everyone else? Commissioner Alonso: Yes. Mayor Suarez: Commissioner Alonso... n,, s , V t Stuart S,dr, Dill Messitt�...; Vice Mayor Plumber. Not Stuart Sorg wasn't mine, was he? K 4; Mr': Miles: Yes. w Vice Mayor Plummer: He was? Mr. Miles: Yes. Vice Mayor Plummer: OK. Mayor Suarez: He came on a hydrofoil that day. Vice Mayor Plummer: That's fine. That's fine. Mayor Suarez: OK. Vice Mayor Plummer: I got the admiral. Mr. Jorge Fernandez: Mr. Mayor, before you vote on this, City administration representative also needs to be named. There is a blank space in the resolution. Vice Mayor Plummer: For who? i Mayor Suarez: Mr. Rios, what is your status? You wanted to be appointed? And one of mine did want to be unappointed. Who was that, that did not want to? Commissioner Alonso: Oh, no, no, no, this is from the administration.... Vice Mayor Plummer: We had a member from the administration?' Commissioner Alonso: ,Yes. Mr. Miles: 'Herb Bailey initially sat on the board when it was first formed two years ago. Vice Mayor Plummer:. Who? Unidentified.Speaker: Herb Bailey, but he took himself off 'the. board. `s Vice Mayor Plummer: No, he can't be CEO and -a member. Commissioner Alonso: Who from the administration? F _ Vice Mayor Plummer: I don't care, who do you,;want? Commissioner Alonso: Herb Bailey doesn't want to... y; ` Vice Mayor Plummer: What? `S a ,x Unidentified .Speaker: Cesar...., Vice Mayor Plummer: Who does Cesar want? Ly;71 Unidentified Speaker: I don't know, i haven't checked,. l t INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD., � Unidentified Speakers What I thought had `happened was Cesar took it under .MIA himself, instead of Herb's department. r a :r* T Vice Mayor Plummer: Well, why don't we gust sa�whoever his, designee is? ;ommiseioner Alonso. The City Manager, I nominate.> IKi.V K' oP Mayor Plummer: The City,Manager or his designee. Cdanmissioner Alonso: All right, yes. h 'j 166uiiis a t. Mayorluaret: Modify my notion to reappoint myl.three to replace Mr. Rios for Mr. Pantin who did not want to be reappointed. Vice Mayor Plummer: Oyl yoil yoi! Mayor Suarez: And as to the other three... Vice Mayor Plummer,. I got stuck with him? Mr. Mayor, may 1, while you're figuring that out, I would like to say for the edification of the rest of the y Commission, the board yesterday had the opportunity to meet with the new l Secretary of Commerce from the State of Florida, and I think we were both impressed. He was impressed in the work the board was doing, and we were impressed with the commitments that he was making to try and help this board to further its activities. And the spirit of cooperation, I'm sure, will continue. I think it's worthy of note that on a one -day call of the board, I would say there were what? -12 or 13 members there? Mr. Miles: Easily, yes. Vice Mayor Plummer: There were 12 or 13 memberswho showed up to a meeting on one day's notice. I think that speaks highly of the board and their interest - to continue. 1 Commissioner De Yurre: Mr. Mayor, on this International Trade Board, I show - Eladio Armesto III and William Chavez, Jr. as being my appointments. And I'd like to change William Chavez, and replace him iith Tom Kallman, K-A-L-L-M-A- N. Mayor Suarez: C-A-L-L-M-A-N. Commissioner De Yurre: K, as in Communist. Mayor Suarez: K-A-L-L-M-A-N. So moved, as to all the ITB nominees that have been stated on the record. Any further appointments, nominations? If not, - please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: z RESOLUTION NO. 91-458 s: A RESOLUTION APPOINTING AND REAPPOINTING, CERTAIN - INDIVIDUALS TO SERVE AS MEMBERS AND ALTERNATE MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS OF OFFICE TO BEGIN JULY 1, 1991 AND TO EXPIRE JUNE 30, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) — Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso fs Vice Mayor J. L. Plummer, Jr.£ r Mayor Xavier L. Suarez NOES: None.` ABSENT: None. r: Mayor Suarez: Item, City Attorney. That was item 4 at one point. Commissioner Dawkins: Now many females on that board? Vice Mayor Plummer: Three. Mr Miles: Let's see, three. Commissioner Alonso: One, two.0. - Al 167 June 20, 19 t g 4 t`ij r ti w Viet Mayor Plummer: Four. I think there's four'females. Mr. Miles: Four. Four now, yes, with two alternates and two.... Commissioner Dawkins: And out of the four, two of them are black and Miller Dawkins put all two of them on there. Is that right? Mr. Miles: Yes. q Commissioner Dawkins: OK, all right, I've got another vote or an alternate? Mr. Miles: Yes. Commissioner Dawkins: All right, I'll have black, a third black alternate. OK? Vice Mayor Plummer: That's fine. Commissioner Dawkins: OK, no problem. But I just want everybody out there to know that I'm the only one putting them on there'. Vice Mayor Plummer: You said female, right? Commissioner Alonso: Females, right? Commissioner Dawkins: Female, yes. i Vice Mayor'Plummer: Yes, OK. ----------------------------------------------=------------------------------- 59. (A) CITY ATTORNEY PRESENTS ANNUAL REPORT.` 7 (B) GRANT CITY ATTORNEY SALARY INCREASE. --- ---- — -- ---- ----------------------------------------------------------- Mayor Suarez: All right, -item City Attorney. Mr. Jorge Fernandez: Yes, Mr. Mayor, Commissioners, thank you 'This itemwas scheduled and'we`weren't ready this morning when the item was called,..but this afternoon 'we . were ,able to distribute to you - a black notebook' that has been ' placed in front `of you by now, I hope. It contains three main documents;6 The first one 'that you see there is an annual report =that the, City°Attorney— produces for ,you ,on a: yearly basis. This one covers the. time period of ;Tune Y 1; 1990, through May 31, 1991 Then the secondr document within that book the City Attorney's Office brochure. As you leaf through your booklet, you:tl.. ;w see that., 'And the third one: is the Office Procedures Manual. It's a black �` notebook that has been placed in front of you, Commissioner Dawkins, by Mr. Clark: kf2 Commissioner Dawkins: So what am I supposed to do with it? y- Mr. Fernandez: Take a look at it. Take it home, read it. It provides ,you all the statistical information as to the performance of the City Attorne�r's Office. It gives you all the numbers and figures that you need to have in order to make an assessment and to evaluate and, understand the nature of our , job, and the kind of performance that we .make orb your behalf, on behalf of the City. The first item, the City Attorney's Annual Report, as you see, has VN, different exhibits attached. And those exhibits I lay out for you some ve, 3 $1 p �y � Irrzrta - t � t -. valuable information For exaMple, the very first exhibit that you have is an _ . organizational chart of my office in which I break down for you the makeup of my office. Wow many attorneys we have, their level of experience, and other interesting statistical information About my office. The second exhibit that I attached to that report gives you a list of all the outside attorneys that my office has employed during this past year., If you go through exhibit number two, you'll be able to see that the ve,Oy few attorneys that we have retained over this past year, the majority of them have been mandated by Charter or Code provisions. The second level there is attorneys that we retained because of conflicts of interest. And of that category, there is only two attorneys. And then the third one on the second page, outside expertise, these are the attorneys that we have come to you for you to assign or to approve their assignment as they possess specialized type of knowledge that we have not yet been able to develop in our office. The third exhibit that I attach... Mayor Suarez: How are we doing on outside consulting attorneys in terms of minority participation? Mr. Fernandez: We're doing very well, sir. We have... Mayor Suarez: Do you a figure on it in terms of dollar amount or individual appointments? Mr. Fernandez: No, I have not broken it down in;dollar... Mayor Suarez: Could you provide it in terms of either individual appointments or dollar amounts or both? -however is easier for you. We pride ourselves in doing that very well, and I know that you have a good track record. I just want to be able to use the figures. Mr. Fernandez: Certainly, I'll be able to give you that breakdown. And then, exhibit number three brings you through some of the computerized tracking programs that we have developed in our office to give you an idea of how we are able to track and keep abreast of all the issues and of all the lawsuits that we process and handle in our office. The fourth exhibit gives you :a summary of all the cases that have been litigated on which there has been a judicial determination. All 74 of them are listed there for you so that you can, if you have any more questions regarding any of these cases, will give you more ample information. Exhibit number five does the same thing for.all the cases that we have appealed. Exhibit number seven summarizes for you the major development projects in which we have been involved during this past year. Exhibit number seven gives you the listing of all the authority, boards and committees that we monitor and that we work with very closely. And that, in essence, makes up sum and substance of our office's activities during this past year. I invite scrutiny. I would like for you to carefully go through it. If you have any questions or comments, we welcome that kind of scrutiny and that kind of concern. Secondly, I have provided for you in this material, an office brochure that contains all the information that's relevant and pertinent to the entire administration relative our office. And the third pamphlet that you have inside that booklet is, what we call the -Procedures Manual which outlines what anybody that would come to our office, either as a secretary or as a clerical support staff or as ar attorney, would need to know in order to perform satisfactorily. In brief then, that is the,.. my City Attorney's report to you for this past reporting period, that I submit to you in the hope that you would find acceptable. Also, Mr. Mayor, if I may continue, there are two other items that I'd like to cull or bring to your attention. The first one is Charter Amendments. You have... Commissioner De Yurre: Is this part of your report? Mr. Fernandez: No, I have concluded my report.. comments, I'll be more than happy to entertain... If you have any questions or Commissioner De Yurre: I'd just like to bring up a point. present these reports on an annual basis, and... 169 `.apa'3lxr�"�� i' e 7 - *•n .,tom�>.*'uaeer. �+J . t�' "'S , � i .� 'mi[a'�c�u t r f$k — 4 v �j f ArI oertai► ly do. Wl }' 'Dommissioner De Yurre: ...status of what the City Attorney's Office has done { over the last 12-month period, and if I recall, about two years ago you and Cesar Odio were pretty much at the same level of income. I think it was 1i.ke one -oh -one, somewhere around there, last time that I looked into it, you know. When was the last time you got a pay raise? Mr. Fernandez: Two -and -a -half years ago, sir. f ' 1 Commissioner De Yurre: OK, what are you at right now? - Commissioner Dawkins: You didn't deserve it the►i. Mr. Fernandez: That's what I was afraid of. I'm right now at a hundred one, f sir. Commissioner De Yurre: Where is Cesar Odio at right now? Mr. Fernandez: I have no idea. Mayor Suarez: He's at home. Commissioner De Yurre: It's about one oh eight, one oh seven? Vice Mayor Plummer: Yes. r Mr. Fernandez: He must be at home, yes. �3 Mayor Suarez: He's at home. Commissioner De Yurre: OK, we had a practice pretty much of... certainly we felt that if anyone should have the highest salary, it should be the City Manager. < But that didn't exclude somebody like the City Attorney having an equal salary. And we kept it pretty much at that level. But like you said, for the last couple of years, your salary hasn't been addressed. .And.I think it's since 'you just. spoke about your report, the -annual report, I -think, it would be a right and appropriate time to move up your salary to again bring it up to the par where Odio is at, which, I think if I'm not mistaken,..is about one oh seven, one oh eight. And I feel you deserve.it. I think.you've done "y the job that is required of your position. It's not an easy job, but, you know, you got my support and, hopefully, I'm sure you got the support of the rest of this Commission. So, you know, --just kind of on a whim:kind of thing, but I think it's an -appropriate thing to... I would move to raise >his.'salary to an amount equal to our City Manager's salary. Mayor Suarez: I was wondering why this report was on the agenda. F Mr. Fernandez: Well, I've, you know, Commissioner De Yurre, perhaps I..should be quiet while things are going well for me, but it's not my intention at,any time, °t because i have actually not spoken to really:any Commissioner about,this_ point. y` Commissioner Dawkins: Well don't.- Mr. Fernandez: And, you know... Commissioner De Yurre: Hey, like, you know, an attorney Y shouldknow when_:,. to speak and when not to speak. x Commissioner Dawkins: That's right. Commissioner De Yurre: I've made a motion. Vice Mayor Plummer: What do you call 500 lawyer; at the bottom of the ocean? i commissioner De Yurre: Yes, you said that this riorning, but it was such a .. Q � Vice Mayor Plummer: A good start, }ors } s x� 170 x a { Commissioner he Yurre: OK. Mayor Suarez: All right, so moved and seconded.i Any further discussion? Mr. Manuel Gonzalez-Goenaga: Yes. Mayor Suarez: Manolo. w Mr. Gonzalez-Goenaga: I wonder if you Commissioners... Mayor Suarez: I'm sorry, any further discussion from the Commission? Nearing none, go ahead, sir. Mr. Gonzalez-Goenaga: I wonder if you have read that report I just presented? Because, I mean, you're talking and if you would have read and there is a perfect good report that there are no mischiefs and no cases lost because of lack... I wonder? I'm asking you now. Vice Mayor Plummer: Well, let me answer for you, Manolo._ Mr. Gonzalez-Goenaga: Yes. - Vice Mayor Plummer: No, we have not read the report as you saw... Mr. Gonzalez-Goenaga: And how come you... Mayor Suarez: Wait, wait, he's answering. Vice Mayor Plummer: Excuse me, excuse me, I'm trying to answer. As you saw, that report was just handed to us two minutes before. The normal procedure around here is,. he gives us the report, he gives a synopsis of the report. Then we take the report and read it, and if we have further questions, observations, then we bring it back up at a subsequent meeting. There's absolutely no way I:could have read this in two minutes. Mr. Gonzalez-Goenaga: Yes, but the question is, why Commissioner De Yurre b asked .for an increase in salary if he has not read the performance of the �- Legal Department? Commissioner De Yurre: Because what happens is hat we, as Commissioners, are in: touch with the City Attorney, if not on aJ daily basis, certainly every y_ �- other- day we re deal ng wi th. i ssues that concern the City, ,; I!m , comfortabl e with his role as".City Attorney, -with the job that he's done, with-=the"way the office works,:so•to tell you the: truth, I;don't.need tolookat this report at all to make the motion that I just made. { Mr. GonzalezrGoenaga: I see. I'm glad to hear that. Mayor Suarez: Yes, the basic thing is that,-Manolo,:we're t familiar.with the RED4 work that the City Attorney does, because we get reports typically, what _M. about two or three a week on settlement' of cases and the big cases, we :discuss z openly.hereo We have to settle them. We have to try to solve them In some kiy cases -:we try to win them, and so we're about as familiar with the work he dpee. j as almost any other department head. Mr. Gonzalez-Goena a g .Yes, but the thing is, for example, then the press is r picking on the Legal Department because I read the Monty Trainer deal or, You know, the Monty Trainer... M, Mayor Suarez: That was the result of an agreement reached before this City Attorney.{, Mr. Gonzalez-Goenaga: Oh, before this City Attorney, :r t a Y 7. Y R3 �Y� �r r R ✓ �' h - i- yor suarea: Yea. Y Vite Mayor Plummerl Yes. ►`: Mr. Gonzalez-Goenaga: I'm sorry then. , Commissioner Alonso: Mr. Mayor. Mayor Suarez! Yes, madam Commissioner. Commissioner Alonso: Yes, I would certainly would like to vote for the motion, but I don't think it's the right time. I think it should be at the same time that we discuss the budget. I'm sorry, I would like to vote with the motion, but I don't think it's the right time. And, therefore, I will have to vote no at this time, even though if my colleagues will reconsider, maybe at the proper time I would go along with the motion. But if the vote is _ taken at this time, I'm sorry but I will have to vote no. Mayor Suarez: I agree with that. All right, any further discussion? If not, i please call the roll. �! The following resolution was introduced by Commissioner De Yurre, who i! moved its adoption: RESOLUTION NO. 91-459 F A RESOLUTION GRANTING JORGE L FERNANDEZ, CITY ATTORNEY, A SALARY INCREASE IN AN AMOUNT WHICH RESULTS IN HIS SALARY BEING EQUAL TO THAT OF THE CITY MANAGER. (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 Miller J. Dawkins Vice, Mayor J. L. Plummer, Jr. .7 NOES. Commissioner Miriam Alonso ,Q r Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: _14 Commissioner Dawkins: You know, this is very difficult vote. We have a man. who..was:offered a job in Sarasota for $130,000 a year, and he turned it.down. i He's got to be unbalanced. He's not very bright to sit,here and do that 'so with that in mind, knowing that this fellow need help, I'll vote yes. Mayor Suarez: You almost convinced me. You almost convinced me. I'd s forgotten that. , t Vice Mayor Plummer: We're giving him an increase for not being bright. Mayor Suarez: Sort of market evaluation that he has recently gotten, I'm k convinced that his market value certainly is higher than what -we're paying a him, .but I'm going to stick to my guns and say that this should be proposed ' around budget time and I agree with Commissioner Alonso and so I'll vote no. No reflection on my feelings about the City Attorney. ( rN„ 4 .i 5 a +L r i 172 Jbn8 1'1 10 t��: ?Z t i r f i.i....ita11YW3f..iY ffY lf.W�✓♦1Y4i.....iW...fii✓Vfi.a.liY�i1 �7Y.W14t..i1N Y.irY✓�iY iiiGif..1.GilY....Y/i�l.li iG Wi iiii wiWi..YS�.tlri Y.IibIW■iairi..W Yt'iY.1Y.f�1 60. (Continued Discussion) RECONSIDER CLAIM SETTLEMENT ON LINN BAZEMORE ($130,000) RESCIND 91-481 (See label 61). Yi 11�i1fi i�b YH W.II--r..-r--- -Y—rw"iri.11i1{Li`YYrili iii LYi------Yw.nYiYr.-- r W W r w r r rr•i.rr.�.rr Vice Mayor Plummer: Mr. Mayor... Mayor Suarez: Yes. Vice Mayor Plummer: May I go back please and record my vote on item 33? I hope my colleagues have had the opportunity on item 33 to realize the possible potential problems that this is going to settle in the future. This is a case in a settlement of a woman who had acute bronchitis for a number of years who did not herself choose to go to a doctor. When the Fire Department tried to go in and assist, there were dogs snarling and growling and barking which no sane individual would go in defiance of. And this is in the good samaritan act. We are going to settle out of court for $130,000, and I want to tell this Commission that I am extremely concerned that this is opening the door for all kinds of lawsuits in the future realizing that our rescue squad is probably the best in the world, but I don't think we're going to be able, in the future, to afford to provide rescue services based on this kind of liability under the Good Samaritan Act. We did everything right. Mayor Suarez: Why are we settling? Mr. Fernandez: Because we understand and we... Vice Mayor Plummer: We're settling because of, I'm told, a potential downside. Mr. Fernandez: Well. Vice Mayor Plummer: We have, as one of our star witnesses, one of the finest experts in the world, Dr. Hirschhorn from the City of Coral Gables... Mayor Suarez: Let me ask a question procedur... Vice Mayor Plummer: ...who is going to testify in this case... Mr. Fernandez: Yes. Vice Mayor Plummer: ...that we did everything right. Mayor Suarez: Mr. City Attorney... Mr. Fernandez: Yes. - Mayor Suarez: ...may we assume and particularly those who are not attorneys up here, may we assume that everything that's been discussed up to now cannot be introduced in court? -Vice Mayor Plummer: You can always bring another... Mr. Fernandez: Yes, everything... Mayor Suarez: Including the prior vote? S r irc_ - Mr. Fernandez: Everything that... yes, that you would discuss here could be introduced into court, and... Vice Mayor Plummer: I was told by your representative who came to see me... Mr, Fernandez: Yes. 't Vice Mayor Plummer: ...that nothing presented to us could be admissible in,a court action. Mayor Suarez: I would have thought that as a settlement proposal,.. 173 Jae`20 1991 E t i f - Vine Mayor plumwner: Because I was chastising them for recommending approval #< then.bringing W to us. And I said, hey, you put us at a disadvantage, when they go to court they're going to show that, and he told me.,. - Mrs Fernandez. Anything in settlement, anything that is discussed ill F} settlement,`of course, would not be admissible into evidence. Vice Mayor Plummer: Ah, OK. R Mr. Fernandez: What would be... Mayor Suarez: Oh, the substance of what he's saying could be, because it's public record here. Mr. -Fernandez: Correct. What I'm referring to... Mayor Suarez: But not as to settlement. Mr. Fernandez: Exactly. Discussings, in particular, the strategy of our theories and the like. For example, the Good,Samaritan Doctrine, we agree with Commissioner Plummer. We argued that to the judge in a motion for summary judgment, and the judge denied it. Mayor Suarez: You couldn't take an interlocutory appeal on that? i Mr. Fernandez: No, we have to wait until a trial on the merits and then we have grounds for appeal. We have grounds, we believe legitimately, to try this case, but our evaluation of this case puts us at best on a 50-50 or 40-60 posture... Mayor Suarez: Why with our sovereign immunity of a hundred thousand, are we settling over it? I didn't ask before, I deferred to your judgment. But he's brought out some good points here. There's no Civil Rights action here or anything like that. i Mr Fernandez: No, no, no. The reason that we're looking at a two hundred thousand cap because, you know, the partial waiver of sovereign immunity under 768.28 deals with a hundred per party, or two:hundred per occurrence. Here, actually we have two parties. Mayor Suarez: I'll got with J.L. Plummer, Vice Mayor Plummer, keeping in mind that the maximum'exposure would be two hundred, and that afterwards, they would have, if they had a runaway verdict, would have to go to the state legislature for approval. Mr. Fernandez: To get a claims bill. Mayor Suarez: Maybe 1et's just try the case and establish a precedent. Vine Mayor Plummer: Mr. Mayor, I am... Mayor Suarez: We don't think we're liable? Vice Mayor Plummer: I'm extremely concerned that this is going to set a j precedent in the future. You know, I'm almost at a point to say if were going to settle this, let's get out of the rescue business and let's turn it out to private industry. Because we can't afford this kind of liability where we did everything right.p f 1 Mr. Fernandez: We have no problem with Commissioner Plummer's position as we represented to him when we went to see him. We are just duty bound to give - you all the informations and all the offers that we have of settlement. Mayor Suarez: - We understand. Mr. Fernandez: We believe that this one to be reasonable, that is not to say ,a that if you reject it as the ultimate quote, unquote, client, that we would. not be desirous and very able to litigate this case and, hopefully, be. successful. Vice Mayor Plummer: Well, let me just put it on the record once more time. It is my understanding that you have Dr. Joel Hirschhorn... 3 t 174 June 24t 4> s} Mr. Fernandez: We sure do. Vice Mayer Plummer,. OK, who is :your expert witness and one of the finest ' medical Then to rescue in the United States_, who is going to testify in the City's behalf that everything the City did was proper and right. Is that corrects Mr. Fernandez: Yes, Dr. Jim Hirschman._ i Vice Mayor Plummer: Hirschman, I'm sorry. f Mr. Fernandez: The medical director from Coral Gables. Commissioner Dawkins: So what are we going to do now? Vice Mayor Plummer: Well, you do what you want.. I only reopened it to put my negative vote, because I happened to be out of the room. Commissioner Dawkins: All right, you had ... Did you have the votes to reconsider? Vice Mayor Plummer: I have no idea whether I do or I don't. I'll make a motion to reconsider. Commissioner Dawkins: All right, second. Mayor Suarez: Moved and seconded. Call the roll on the motion to reconsider. Commissioner Dawkins: And don't give us no long story with the i reconsideration OK? i( Vice Mayor Plummer: Drop dead. The following motion was introduced by Commissioner Plummer, who moved its adoption: _ MOTION NO. 91-460 s' A MOTION TO RECONSIDER THE PRIOR VOTE TAKEN ON AGENDA = ITEM NO. 33 (WHICH AUTHORIZED THE DIRECTOR OF FINANCE TO PAY TO LINN BAZEMORE, WITHOUT: THE ADMISSION -OF LIABILITY, THE SUM OF $130,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY). _ Upon, being seconded by:Commissioner Dawkins, the. motion was passed.and adopted by the following vote: AYES:Commissioner Victor De Yurre Commissioner Miller J. Dawkinst Commissioner Miriam Al onso' c f Vice Mayor J. L. Plummer, Jr. -Mayor Xavier L. Suarez NOES;. None. V dp ABSENT: None. : rt Vice Mayor Plummer: I make a motion at this time... ry Mayor Suarez; Rescind the offer.; Vice Mayor Plummer; ...the City Attorney go to court and fight like hell to g defend our Rescue Department. F Commissioner Dawkins: Second the motion f i Mayor Suarez; So moved and seconded. Any further discussion? It not, please call the roll. 175 ! w loot lll���j _dune L: iy ass X 42ff'f 1 4r� i+ ry i }}..F t e : `t The f011Owing motion ryas introdutad by COMMiSsionar PIUM Or, who Moved its adoptions _ MOTION NO. 91Q-461 A MOTION OF THE 'CITY COMMISSION DIRECTING THE CITY ATTORNEY TO GO BACK TO COURT AND FIGHT TO THE BEST OF HIS LEGAL ABILITIES IN ORDER TO DEFEND THE CITY'S INTEREST IN THE CIRCUIT COURT CASE INVOLVING CLAIM AGAINST THE CITY BY LINN BAZEMORE. E Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre F Commissioner Miriam Alonso ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre:" What is the City Attorney's recommendation? Commissioner Dawkins: To settle. a Mr. Fernandez: To settle. Commissioner De Yurre: I vote no. 4' -------------------------------------------- •.------------ --..---------- — — �: 61. DISCUSSION CONCERNING THE QUARTERLYREPORT FROM THE MIAMI SPORTS & EXHIBITION AUTHORITY. ------------------------------------------------------------ --- Mayor Suarez: Item 41,`quarterly report from Miami 'Sports and Exhibition Authority. What do'we need to... LL _ Commissioner De Yurre: Perry.r .:. i 4- y� Mayor Suarez: What do we need to hear on this, Mr. Perry? Commissioner Dawkins: Before Mr. Perry gets' started, I'd' like to know, has a the Heat lived up to `the contract by providing us with the information that. . t. I - not you guys - have been demanding for the last eight months? Have they, delivered any information to us? r 4' 1 Mr. Bii1 Perry: No, they have not since we have requested it .since February, ; they have not. We have put them, as of June the 4th, on a 30-day notice to us that information. time, µ° get All right, at that at.the end of 30 days, -you got an option to terminate the reimbursement agreement what_ deals with those... with that They have"not; the ,�f minority participation aspect. answer i f ,? Commissioner Dawkins: OK. OK now, Mr. Manager,',. Mr. Carlos 'Smith: Yes. Commissioner Dawkins: ...I want somebody to Idevelop and put out a prt~ss x release explaining p g our side of it. There's no p�►int in waiting until the Heat getsupup and say we're trying to drive them out of town. And then we are the s' bad fellows. When we have been trying for eight months to get them to live'uo. to the contract. So I want that as a press release or something out4o that s it can be read where a person can make up their own mind. Vice Mayor'Plummer. The Heat or Decoma? i i7 Hf 176 a .. 1Pv�kn 50 ,g,'} a k �f: Y Commissioner Dawkins., Decoma i Vice Mayor Plummer: OK. Commissioner Dawkins: No, hold it, let me... J.L. Plummer is right, I have to correct this. I do not have a contract, as theCity of Miami, with the Heat. I have a contract with Decoma. Mr. Perry: The Sports Authority has a contract with the Heat. Commissioner Dawkins: All right, and I have asked you to ask whoever is in their.., who is their landlord, to provide us with this information. Now, if that landlord does not provide it, then it's time we terminate the contract with their landlord, and it's automatic they have no contract. Is that a correct statement, Mr. City Attorney? Mr. Jorge Fernandez: The City only has, through the Miami Sports and Exhibition Authority - and this is my understanding, mind you - Sports and Exhibition Authority has their own special counsel on this. Only through the Sports and Exhibition Authority, a relationship with Decoma and then Decoma has a relationship with the Heat. Commissioner_ Dawkins: OK, you still didn't answer my question. If Decoma does not have a contract with the City of Miami to manage the arena, then, therefore, it has no right to make an agreement with the Miami Heat to rent space to the Miami Heat. Is that a correct statement? Mr. Fernandez: As between the Miami Heat and Decoma, they would have rights. Commissioner Dawkins: No, no, how could they have a right when I have evicted their landlord? Mr. Perry: See, we have, the Sports Authority has... Commissioner Dawkins: No wait a minute, let me hear from him first, Bill. Mr. Perry: All right. Mr. Fernandez: Again, Commissioner, you know... Commissioner Dawkins: Legally, I want you to tell me what you was telling me, ,r that's: all., I don't have to abide by it, but tell me. 'a Mr. Fernandez: Well, first of all, I have to tell you that legally the City Attorney's office is not involved for the last three years in any of these transactions. Commissioner Dawkins: All right, but I just gave you a raise so you could advise me legally. Now advise me. Commissioner De Yurre: You better say something. Mr. Fernandez: OK, listen... Commissioner Dawkins: If it's wrong. Mr. Fernandez: legally, as between Decoma and -the Heat, those two can dance, can agree or disagree on whatever issue they want. ,. Commissioner Dawkins; And then you go to the arbitrator, which is the courts. Mr. Fernandez; That's right. Commissioner Dawkins: And then the Supreme Court. No problem, OK? fl{. Mr. Fernandez: That's right. ioner Dawkins: All rightOKnow o ahead, MP' cmmi ss . , gMr. I'm sorfys. Mr. :Perry; ._Wells in regard to the information regarding minority participation, that was requested at several board meetings that we had:: d 177 Juno F A Li .mot which .you Attendepb The information that they had submitted was not eboeptable'to the board in one of those meetings which you - t think you attended two of those meetings. And as a result of the instruction that the board gave me at its. May meeting was to put them on notice for 30 days to pet that information. Commissioner Dawkins: Now, one of the things, J.L, that they had .. which.is obvious to anybody who watched the gave - they had... now and they have a black coach. Mr. Perry: Fourteen percent of 39 employees, they listed.., ; Commissioner Dawkins: Beg your pardon? Mr. Perry: They listed as coaching staff 14 percent. Commissioner Dawkins: They say they have a black coach. That's what they :f said, OK? Yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. � Commissioner Dawkins: I don't know. They must have painted him and washed it off when he goes back. But there is no such animal. And we accepted that, and I questioned it, and they refuse to answer. Commissioner De Yurre: Was it like a physical fitness kind of coach, or what? It's not a basketball coach. Commissioner Dawkins: No, I, well... Mayor Suarez: He's talking about Wally Jones, but it's not... Commissioner Dawkins: But he's not a coach. Mayor Suarez: ...not really a coach. Mr. Perry: No, he's not a coach. Commissioner DeYurre:- No. Commissioner Dawkins: So they shouldn't list him... Mayor Suarez: He's a vice general manager,.vice president? }4 Mr. Perry: He's a community coordinator. Commissioner Dawkins: See, they're supposed to have 17 percent male, female, r Latin, and what have you. Commissioner De Yurre: He's. PR kind of thing. ,u Commissioner Dawkins: And they wrote down that in the managerial, they didn't list nobody as managerial but Pauline Winick. Mr. Perry: Right. Commissioner Dawkins: They did not list Lew Shaffel, they did not list Bi1ly S 4T� Ifi Cunnin hams. the did not list anybody in the ma'na erial . And they signed.`., g y y Y g And I want the public to understand, we did not force them into this i� agreement. These are concessions they made in order to get us to sign the So Ever'. a contract. when we go to court, Mr. City Attorney, you make sure that they do not tell the judge that these are quotas, these are minority so and so that we are making them do, no, no, no. They made us sign because they promised -to, do these things. Go ahead, I'm sorry. Go ahead, Mr. Perry, Mr. Perry: OK, in reference to the quarterly report, I guess you 411 have it in it your package. y package. several kite i updates as relates to� sane of things cthat we're doing one a larger ' scale, and one of those is we have our second annual NHL hockey exhibition game coming to the arena.: And there's also the possibility thereof, bringing in a National Hockey League team. And also we are sgbmittirlp On the I ''Good -Will Games,u which was very successful last year in Seattle. It brought � _178 dune 20, tool k f _ c -s�+, s.� i �1':+q a: - '�'+�,t+•«. , s,:,�w�v # ra., ni'�*""''c'Fi .�,,�k,- f i C an approximate revenue stream to the City of three hundred million dollars, they are also working on the 111992 Jaycees Congress" as far as conventions are concerned. And that is to take plate next November and we are, you know, rapidly,working along with them. As you all have been keeping well aware ``oft - the major league baseball effort has not really been announced to be a done deal for Miami as of yet, but it's almost gotten to that point. And now'we have been actively involved in pursuing that, along with the NuiYenga organization. Commissioner De Yurre: You sure you got two tickets for each Commissioner up here for baseball, right? t Mr. Perry: Yes, once the... Commissioner De Yurre: Working on that. Mr. Perry: ...season ticket drive should go on sale sometime around in September or the fall of the year. From a... Commissioner De Yurre: You know Miriam's husband has been after me. He wants two tickets for baseball. We got to make sure that we come through. Mr. Perry: Right. We've also been looking at the application in working along through our chairman through the "World Cup Soccer Tournament" that we should have some kind of idea by November of this year as to whether or not Miami will, in fact, be one of finalists on that particular event. From a smaller scale, you heard from this morning representatives from the "Miami Mile," which is an event - first time event - that's taking place here in downtown Miami which we have major athletes coming in to showcase their talents. And if you're not familiar with the "California Mile" and the "New York Mlle" is very successful, and we are rapidly and actively involved in promoting that event as well. Commissioner De Yurre: It'll be televised nationally on a network. k , Mr. Perry:. Be televised nationally on ESPN, channel six, they have about 90 minutes of air time, and we'll be bringing in celebrities to work along with G that event. We had before us this morning, Mr. Jesse Holt of the Northwest Express Track Club, and we continue to be involved as a sponsor in helping - them out in any way possible to promote their event as well as the Caribbean k' Little League World Series in which we have actively been involved in and participating in. We also have a commitment that we are in ` the 'process of - a fulfilling with the Arts in Public Places Trust, which is a 1.5 percent commitment to the Miami Arena of the construction costs. To date, we have gotten the request for qualifications for that particular art project. It's r going to be a significant project that will pretty much highlight the area in 'arena... which the Mayor.Suarez: Does it have to be one project? -or can it be a variety of... ' Mr. Perry: It can be up until five projects. We... i Mayor.Suarez: Up until five. Which would mean roughly how much for each one?-` Mr. Perry: Well, it will be a total of half a million dollars which includes r: Mayor Suarez: You're talking about a hundred thousand. Couldn't you break it up into more? ;j Mr. Perry: It's more money. Mayor Suarez: Or is the Idea of this to haye large, large items? You couldn't have a bunch of. artists... x Mr. Perry: Well, we're... ' Mayor Suarez: ...that benefited in a smaller amount than $1009000 each? rt Mr. Perry: Yes, we can recommend that. I meantlit's a selection process that really goes through the County. I mean, we're really the funding mechanism, and its been an ongoing process. I will recommend that to them. ,r 79 June�9g1 e Mayor_Suarev By the way, the one -and -a --half percent, there's no ragic in that. And in certain areas it makes sense to spend one -and -a -half percent In art work. in other areas, it doesn't, you know,:and 1 sure would hope that we don't necessarily buy into - as a policy matter, i know it's in the law - into this business of one=and-a-half percent so that, you: know, plastic orange peels can be put outside the Dade County Metro Building, and that that's supposed to be something that really really ennobles the community and contributes to the arts and so on, or anything like that. Because i don't agree with that, you know. W. Mr. Perry: Well, one of the reasons, we'll have direct input from the board's F standpoint - the Sports Authority board standpoint - as well as the `i Commission. i� -,� Mayor Suarez: No, but by specifying the parameters we contribute to small, struggling, up-and-coming artists instead of, you know, someone whose idea of F great art is these orange peels all over the place that cost - how much do those things cost? -quarter million dollars or something? Mr. Perry: Yes, it was a lot of money. I don't know what that was. Mayor Suarez: And then the first thing they had to do is, they had to surround them with... Commissioner De Yurre: Like seven fifty. Seven hundred... seven fifty is what we're talking about. Mayon Suarez: ...some kind of protective $750,000 and then they were afraid... Mr. Perry: Because of the liability problem. Mayor Suarez: ...that some of our blind people might run into them, and they had to provide some other things, and, I mean... Commissioner De. Yurre: Maybe we can get an escalator, and we can paint it artistically and take care of business. } Mayor Suarez: Have you thought about lighting? y 9 1 Mr. Perry: Yes, we have, but the concern about lighting was the maintenance cost in which we don't have to be responsible for. .t Mayor Suarez: Well, maybe you could set up a fund for the maintenance or j something, you know, from the half -a -million. In other words, it might really be much more attractive to have a nice lighting scheme for the arena that could be viewed from everywhere... 4 Mr. Perry: Right... Mayor Suarez: ...than some... Mr. Perry: Some of these, you know, to get back to your point about using the local artists, it has been discussed in the greetings that have been held between the authority and Arts in Public Places Committee and the County to make sure that it has a certain flavor of the Overtown area in which the arena j sits, and sports and entertainment. r� Mayor Suarez: The New World School of the Arts,, have you gotten their input? W Maybe some of the students would have some ideas on the kinds of things that would make sense to do. jf Commissioner Aionso: Bill, have you heard about the history of Miami and what has happened with the mural... Mr. Perry: Yes, I know that the artists... I know he has approached the Arts ■ Vil s` Mr Perry: Because it hasnt gone Out yeti They have fInali2ed off on the, z requests for qualifications, but we have not ` had that approved by the county& You know, the letter of intent which has to work along with the requests for ,r qualifications Vice Mayor Piummer: Where it the quarterly report financial? Mr. Perry: The quarterly report financial will be coming to you in the budget form once that's approved by the budget... Vice Mayor Plummer: No, no, no, no, quarterly reports of the financial . statement. Mr. Perry: That hasn't been put out as of yet. Vice Mayor Plummer: It was requested in this same document. Mr. Perry: No, that's just... Vice Mayor Plummer: All of these blah, blah, blab, blah. Where is the actual j dollars? } Mr. Perry: Well, I can give you what, you know, in terms I can give that to 'I you what the figures have been thus far. Vice Mayor Plummer: Well, are we ahead of the game of projections, or are we behind the game? i Mr. Perry: Well, the convention... Vice Mayor Plummer: How many people down there have got raises? Mr.. Perry: The convention development tax receipts in which we are funded are, are somewhat tower than last year, the collection receipts, because about' three... Vice Mayor Plummer: How much lower? That's what I think this Commission. should ,know. u; Mr. Perry: Three to five percent, which means that in dollars and cents.what; that means,, you know, we,collectevery penny.'.. one penny of the three 'that's { collected. Vice Mayor Plummer: OK, since I have to approve your budget - now, I'm not going to speak for the others - if you have.up to a five percent reduction_ n 4.61 your source of revenue, then I think this Commission to make amendments has to have the approval and the knowledge of what's going on to make those amendments. Mayor Suarez: Get us the full complete report by the next Commission meeting, so we can have a... F Commissioner_ De-Yurre: J.L., what happens is we're guaranteed: a certan amount,.which is not based on the percentage of what comes in. 6eciuse,the excess, gae to: the County for the performing ,arts project '.that: we.hav u mind Y Vice Mayor Plummer: Not yet, is it? 3 . Commissioner De Yurre; No, they're setting it aside already, Vice.Mayor Plummer: But. what I'm saying is that I think, very importantly, ` if we're going to get quarterly reports which I think are very nice, I think part of those quarterly reports should be the financial statement. Because until he just told me now, I did not know that our revenue was down about five :. percent. Commissioner De Yurre; But you're talking about that... Mr. Perry: I'll get you that information. s Vice Mayor Plummer; Please. 1 1' lot0 .. i�X: J Maybr Su062: YeI, let'S Make it a part. fit Commissioner be Yurre. But hold it. Mr& Perry: Yess because it comes through us froth the County... ,.. Commissioner De Yurre. But, Bill, clarify something. Mr, Perry: Yes, s Commissioner De Yurre: What is down is three to five percent of the penny is that is being collected... +fit Mr. Perry: Correct, of the convention... Vice Mayor Plummer: Correct. n r Commissioner DeYurre: ...not of the money that is coming to us, because u err ,r ' we're fixed on the money that's coming to us. The County has committed "XI, amount of dollars to take care of our debt service, and our operating budget. Mr. Perry: Right... Mayor Suarez: But we could anticipate... °j Commissioner De Yurre: 5o that money is going to be there no matter what. Mr. Perry: Yes,'I was talking about... Vice Mayor Plummer: Well... 1, Mayor Suarez: -If the total amount goes down, we can anticipate'a crunch and the Commissioner is beginning to for it plan ratherthanwait tilt it hits,us. Vice `Mayor Plummer: Exactly. Now, let me ask you this question since I'm into the financial aspect. The County, have they yet.approved this so-called grand theft of taking your monies for performing arts? { Commissioner De Yurre, There has to be an agreement between the County and the City'which has yeie to come to use Vine Mayor Plummer: OK.yc t� r Mr.' Perry: This is yet, the interlocal agreement has not been brought.before you. Vice Mayor Plummer: I'm telling... it's not been approved? Mr. Perry: By the City. �. Vice Mayor Plummer: Y Al right' We11, I'm telling that local agreement, you than if not'in g It better be. That if they take any monies from the Sports and Exhibition Authority, that we:fully will expect �j them to pick,.up arty# deficit incu`rred0 I will not vote` for that Iaterlocal agreement.pf giving them some of your j so;called surplus funds. Esd_Iiill the fact that the revenues are down. p y now after looking at" Your M objigations aren't going to 'go' down. Your obligations are going to go up. And if, in facto from you, that I want written in 9pitk� in good and bold English thaththeyawill up any deficit that you incur. I don't expect this City Commission to do it.'' F w. LL, Mayor Suarez: All righty. � Mr. Perry: I think you made that clear before, F.nd that... 1 { Vice Mayor Plummer: y Has there been any raises given in the last since the last approval Of the budget? Mayor Suarez; You knew that's what he wanted to know, x�r Mr. Perry: At the Sports Authority?�'� YV y� i Z' a� j te. Meyor P1uert Yas. Mayor Suarez: That's what ht was getting at. ME Mr, Pertyt No,`there's not. Vice MAY PluMer Is there any raises anticipated prior to this year's budget? Mr. Perryt We have had it to go... It has not gone before the board yet, the '90-91 budget. It is anticipated that we will have the cost of living raise and probably a merit scale raise between 190 and 191, but it hasn't gone before the full board yet. 3E Commissioner De Yurre: Yes, there's going to be a raise. E? Mr. Perry: It hasn't gone before the... Vice Mayor Plummer: Huh? Commissioner De Yurre: 'there will be. Mr. perry: Yes. Commissioner De Yurre: Recommended to the Commission. ;. Mayor Suarez: Big raises. t Mr. Perry: Right. Vice Mayor Plummer: Well, that's... Mr. Perry: I know where your information is. I'.know what you're getting to. Mayor`Suarez - Just... we' 11 argue about that at that moment. 'Do we have to argue every single possibility today? Mr,. Perry: Keep in mind that I can tell you this, that the budget... Mayor Suarez: Is there no limit to your ability to delve into things on this particular day when we had started early, 8:00 a.m. h� Mr. Perry: Our operational budget that was apGroved by this Commission was - ' $052,147 - last- year. This year it will be at least 'nine ' percent...! --a nine percent decrease around $90,000. Na Vice MayorPlummer:Increase? k Mr. Perry: Decrease, •I'm sorry, decrease.gt u Mayor Suarez: All right... .: 3 _ Vice Mayor. Plummer: It's a good start. tA- - MBVnr S11arA7! Annd C+arF'_ Cn an n.3i•ohm -A7 ...�,:..�.��� �a�i,..r LL.._ : ♦. T 1 t 13 �' d f It 1 - � ; 1 y� h { 18311fli '' 7 A>, Y Y� � *a1� •.r'a.W W W�rysr.t.oarWa.rsr.rwr..��rrro�.rr+raw+rsnsrriWrrw�.rrrrWrrwrtW..ar..�r�ucrrrrJco+r+�rra�crrsrr►ryra�rr�rscrJ�rmaaa.oaasr.rir ;; $9. ENDORSE GOALS OF TREES FOR DAM INC. � COOPERATE IN PROMOTING � COORDINATING THE PLANTING OF MAXIMUM NUMBER OF ENVIRONMENTALLY l APPROPRIATE TRESS IN DADE COUNTY.; �rrW Wfi WYrIW WiYW�W�IWY�W WiiY+rWi WrJWW _ '- .. W WYbW�Y�G 1�YiiW i.ifilr YiYWiili�il�iii Wil.w.Y.�11hWiiYiiYGW ii 1; Vice Mayor Plummer, Mr. Mayor I hope we are not going to lose sight of these that were given to us by the City Attorney. These are two proposals for Charter Amendment revision, before the day is out. Mayor Suarez: Absolutely. Vice Mayor Plummer: To get it on the ballot. Mr. Jorge Fernandez: Yes, I need to discuss that with you, yes. Commissioner Dawkins: You'd better do them now, J.L. The way you're talking, we won't have time. Vice Mayor Plummer: Well, you read them. It's your proposal. Mr. Fernandez: Yes. Mayor Suarez: Item 42 is a request from County Commissioner Charles Dusseau. I -think it's about as innocuous as you can want, and something that I would urge your support of. Everybody should have the resolution in front of them. Commissioner Dawkins: Which item.... Mayor Suarez: It endorses the goals of nonprofit corporation Trees for Dade, Inc. It has no economic consequence to us. Vice Mayor Plummer: Does it get into a fight on 8th Street with the Little Havana Kiwanis?,, Mayor Suarez: No, it does not deal with the famous... Commissioner Alonso: No. Vice Mayor Plummer: Is there... we don't have a resolution on it. Ai Mr. Fernandez: No, it's not part of the agenda packet, but it reads like this. THEREUPON, THE CITYATTORNEYREAD THE RESOLUTION INTO THE PUBLIC RECORD, BY, TITLE ONLY. t; Mayor Suarez: Poems are written by fools like me, but only God can make a tree. ,s Vice Mayor PI um er: Yes, but I mean... Mr. Fernandez; And I imagine that for the City it would be directing the City administration to cooperate with the County's program of Trees for Dade, Inc. Vice Mayor Plummer: But what is the program? Do you know what the program is? Commissioner Alonso: No. '= Vice Mayor Plummer: Shouldn't we know what the program is? Mr. Fernandez: It reads like this. The program consists of.,. The Trees for Dade is urged as a long term objective to adopt the planting of one suitable L tree per Dade School child per year as the goal of its efforts to facilitate the goals of Trees for Dade, Inc. So that's the goat they have. For every z 7k child =in school, one tree per child.., Commissioner De Yurre; Three hundred thousand trees. Commissioner Alonso: Every gear? � 31 184 4une 20, �19.91 '�.+.�E� ktt ! 5 K Ex F I imagine 'that that' S a yaar.. i Mayor Suarev For the entire career of the child. Mr. Fernandez: ..long term objective. Long term objective of the... Mayor Suarez: For the entire. The County Commission vote on it was six to ' three, six voted yes, and three abstained. 1 Commissioner De Yurre: Who voted... they abstained? Mayor Suarez: I mean, I'm sorry, three were absent. Mr. Fernandez: Three were absent. Vice Mayor Plummer: So it was a unanimous vote. Mayor Suarez: It doesn't sound like a controversial... a Commissioner Alonso: Do we have any obligation? -or what is... Mayor Suarez: No, there's no obligation. I was assured of that by... Mr. Fernandez: This is just a show of support. Commissioner Alonso: If it's just the thought, I move that we approve. Mayor Suarez: Thank you. So moved. Vice Mayor Plummer: I'll second it. Mayor Suarez: Seconded. If it has any financial implications whatsoever I'll be the first to let Commissioner Dusseau know. Vice Mayor Plummer: As we get run out of our houses by trees. ; Mayor Suarez: Call the roll. y, The following resolution was introduced by Commissioner Alonso,,who moved its adoption: RESOLUTION N0. 91-462 A'RESOLUTION ENDORSING THE GOALS OF TREES FOR DADE, INC., IN PRINCIPLE, AND AUTHORIZING THE CITY MANAGER TO' COOPERATE, WITH TREES FOR DADE, INC., IN THE IMPLEMENTATION OF THOSE GOALS. (Here follows body of resolution, omitted here and on`i file in the Office of the :City Clerk.)_ Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYESs Commissioner Victor De Yurre Commissioner Miller J Dawkins t Commissioner Miriam Alonso,k. Vice Mayor J. L. Plummer, Jr.� Mayor Xavier L. Suarez NOES: None. ABSENT: None. y Mayor Suarez: Item 43, Ken Harrison Robbins. Mr. Fernandez; Is withdrawn.: Mayor Suarez: Withdrawn, j } t .. -.___ .u_. .... ...... _......... .�.._..+.—........- .-...ems-..."'^''n`.:'^^` .c, xS. .'R^f•fvf.Nm-- Yyqkg k' 7 �.' ..,IYY.f.11Y�1.Y'ifl. Yl�ilill Y{✓.i�lsiaasioYaur.a.iirYilttll�4w.ftd.Y1Y11.if111N WYYYf illsrul irirrri.ir�ir.rir.mwin iYi11ii1W tisiiillliYiUiiiiliOii.ti�wtaiffh...r.. -y :557 63. APPROVE PROPOSAL BY KIWANIS CLUB OF LITTLE HAVANA TO REMOVE CERTAIN BLACK OLIVE TREES ALONG S.W. B STREET (BETWEEN S.W. 12 AND 27 AVENUES)f REPLACING THEM WITH 300 ROYAL PALM ! GOLDEN TRUMPET TREES (See label 33). flirt:trr�rra.c.r.aliii.....+r..a.irY+r.rri.raraGrrYl..rrr..iwr.arls Y.rri.tl.Gr+ao.rtrar.r�YrlY.rwiitrrwIrr.W in w.rw..'Wt. aT:r.i.cir: i. i. W�iltimir. Mayor Suarez: Item 45, Kiwanis of Little Havana, withdrawn. Item 46. Commissioner Alonso: Talking about palm trees. Vice Mayor Plummer: Wait a minute, 45 was withdrawn? Mayor Suarez: No, I'm just kidding. Mr. Rafael Licea: He was just kidding, I hope. Mayor Suarez: We have a settlement, an agreement, hopefully. _ Mr. Licea: Yes, you were all given packages. We have met with them, and they're in agreement with us. We've met with the Latin Quarter people. With everybody practically. Mayor Suarez: Joe Wilkins is walking away, but he's otherwise... Mr. Licea: Bottom line is that we're going to be planting 300 trees. Mayor Suarez: What happened to McBride and company? There he is. We're OK on this? Commissioner Alonso: Are they going to tell us where and what? -because after having been in 8th Street so many times, and having... I personally met with you, with several other individuals, but it comesi to the vote today, and I don't have a plan in front of me. Mr. Licea: No, Commissioner, we sent you several days ago to all of you by courier. ` Commissioner Alonso: Well, it didn't get to me. Do you have a copy that I can take a look? Mr. Licea:, This exac...- Mayor Suarez: Table it for a couple of minutes. Why don't you show her that ' one, and let's take a'couple of more items, Rafael, while she's sure that we're OK on it, because she should know the layout or... _Mr. Licea: Excuse me, could I just... I- think I can, explain you_ very fast what it is. Mayor Suarez:, OK. We're; going to be planting', instead of .250 as --we originally intended, we're going to be planting, 300 trees. We're going to be.; planting 200 in Calle Ocho so that we do the commitment with the City of doing `> 500 trees'' by 1992. The other hundred are going 'to be planted throughout theEt�. Shenandoah East Little Havana and north of Flagler areas, in the Little Havana. .x area. Commissioner Dawkins: None in Liberty City? Mr. Licea: I'm sorry? n Commissioner Dawkins: None in... I'll say it again. None in Liberty City? Mr. Licea: Well, we were working with the Little Havana - I mean with the west and Shenandoah association and... r Commissioner Dawkins: Yes or no, None in Liberty City?- L {{ Mr, Licea; No, no, none in Liberty City. IBC Juno 20, tool , s S9�a� d �$ � S Commissioner Dawkins: Why? Mr. Licea►: Excuse me? Commissioner Dawkins! Why? We don't need royal palm trees out there? P' Mr. Licea: No, sir. What happened 1s when we began this project, we committed with the City back in 1986 that we were going to plant 600 royal palm trees in S.W. 8th Street. And the Commission approved it at the time. Commissioner Dawkins: Well now, you're not putting them on S.W. 8th Street. You decided you were going to diversify it. Mr. Licea No, no, no. As part of the settlement with the neighborhood association, which is the one that brought up the subject last year... Commissioner Dawkins: Tell you what. If you all don't get some trees in Liberty City, I will not be voting for the Kiwanis whenever you all need }} anything for Calle Ocho, OK? 1 1 Mr. Licea: Sir... Commissioner Dawkins: No, no, no, now. You've got to... you know, we are a city... — Mr. Licea: Commissioner, may I? t Commissioner Dawkins: ...we are a City of brotherly love, and everything. Now don't just leave me out, OK? _ Mr. Licea:- We don't, Commissioner. Let me tell you, for example... Commissioner Dawkins: Oh, you want me to find the places. Mr. Licea: No, no, let me tell you what we do for the black community. Commissioner Dawkins: - I know, I want some... I don't care what you did for them, I want some of the royal palm trees. Mr. Licea: No... with the funds from Calle Ocho. Commissioner Dawkins: I want some of the royal palm trees. Can I get some? £. Mayor Suarez: Assure the Commissioner that.' you'-11 be looking to find 1_ locations and... Commissioner Dawkins: That's all. Mayor Suarez: ...royal -palm trees to place in all parts of.:the City. _:I'm. sure it's something. Wediscussed- it for Biscayne Boulevard,; and I'm sure that you would be interested in doing it. i Mr. Licea:: OK, but... Ahe problem we have is that the agreement that was ' reached... Mayor Suarez: As to ,this program, we understand that you made a commitment... Commissioner Dawkins: OK, -I'll tell you what. I move to`deny this, allrof* ! Mr, Licea: Commissioner... Commissioner Dawkins: I mean, no, no, no, you don't see, no, no, no.,. Mr. Licea: No, listen to me. =; Commissioner Dawkins: No, no, no, now I know.., no, no, no. See, you don't,.. you'want me to go along with you, and all I'm asking you for is"to, consider, You're going to tell me about what the agreement said, but yet you want, me to alter the agreement, but you don't want to alter it. 4 t _ 187 June 20, 1091 kf�t Commissioner Dawkins: No, unless you tell me you're going to put some trees in Overtown or Little Havana, and Liberty City. I'm not going to listen. Mr. Licea: By doing that, we will be violating the agreement that we reached with the people that brought us to the trouble here in the first place. Commissioner Dawkins: You already... all right, are you... all right, OK', was the agreement to put 500 trees on S.W. 8th Street? Was that the agreement? Mr. Licea: Sir... Commissioner Dawkins: Was the agreement to put 500... Mr. Licea: Back in 186, but... Commissioner Dawkins: Was the agreement to put 500 trees on S.W. 8th Street? Mr. Licea: Yes, sir. Commissioner Dawkins: Was it? Mr. Licea: Yes. Commissioner Dawkins: All right, now you're not putting them on S.W. 8th - Street, are you? - Mr. Licea: In order... Commissioner Dawkins: Are you? Are you? Mr. Licea: In order for us... - <' Commissioner_ Dawkins: So you're violating the contract then, agreement,,.all right:then... K Mr. Licea: Sir, you're not letting me speak. Commissioner Dawkins: Well, you can continue to violate it. Mr. Licea: In order for us to be able to do what we want in S.W. 8th Street, t we had to -agree with the neighborhood association to put trees in other areas. A And those other areas are the ones on this package that we sent you. So if we take away from that, then we're violating the agreement with them. So what do w: we do? We're just trying to give you hundreds of thousands of dollars in palm trees; and all were getting -is trouble! Commissioner Dawkins: But you want to put them where in the hell you want 3' theml You don't want to put them all over the Cityi Come on, give me,a f. breaki Give me a break, man, give me a break. 1 y Mr. Licea: We -want to.put them... Do you know where the funds come? They 4 *d come from the Calle Ocho Festival. We're going to be taking them away from Little Havana Mayor Suarez: All right... Mr. ; Licea: That's what... t Commissioner Dawkins; But you take everybody's tax dollars when you have f Calle Ocho and we provide services. $o, you know... Mr. Smith; Mr. Mayor, Commissioner.,. Mr. Licea: Sir, we don't take one penny from theCityi �5 - - �. T s S��+ y+ � y � ¢y comissioner nawkins No, oh, hold it, hold it, hard it, Maid it, I'll tall yauiiY' 0 M S i W it it it ait 1aa'e lease leasa Mr Licea ayor Mari. a wa , Wa , W � s , �% , p , i ► ^ Mr. Smith: Rafael, wait a secondi.i nh Commissioner Alonso: Licea... Mr. Smith: Mr. Mayor... Commissioner Alonso:...i believe that what Commissioner Dawkins is asking is a commitment, not that you will take them away at this particular time, but that you will work with the community to make it possible. And I'm sure you can get ways to do so. That's all he wants. Mr. Licea: Of course. But he said this time... Commissioner Dawkins: I did not say this time. Commissioner Alonso: That you tell him... No, he's not saying today. Mr. Licea: Well, excuse me then. Commissioner Alonso: He's saying a long term commit... a commitment that you will also look into that area. And I'm sure you can provide that. Mayor Suarez: You guys are yelling at each other so much you don't listen. Mr. Licea: He wasn't letting me talk. Mayor Suarez: All right, will you make a commitment with... Mrs Licea: Of course. We have done it 1n the past. Commissioner Alonso: That's all he wants that you tell him. Tell him that. Mayor Suarez: First, you didn't understand what he requested. Now, in my case, I can't even finish the phrase before you say, of course. I hope you were thinking the same thing I was thinking, because I never got to say what I r was thinking. All right, as to the present plan, do we have a motion and a second? Vice Mayor Plummer: Wait, wait, wait. t Mr. Licea: So... ,4 Vice Mayor Plummer: Wait a minute, wait. You know, say... Mayor Suarez: The great... t: Vice Mayor Plummer: Wait a minute, wait a minute, wait a minute. F Mayor'Suarez: ...royal"palm,caper. Vice Mayor Plummer: Saying that you're making a commitment, a commitment in what- words? Are you saying that within 12 months that you will make a commitment to put "X" numberon62nd Street? Mr. Licea: OK...- d. Vice Mayor Plummer: You know, I mean, a commitment to say you will try doesn't mean that you will actually do anything. I think that what this Commission is' entitled to hear OK is what are you going to strive to do, and in how long to do it? Mr. Licea: OK. Vice Mayor Plummer; I would hate to be placed`tin a position when this great organization of°the Little Havana Kiwanis come bere and ask me for.pormiss on to use S.W. 8th Street, I've got to remind you that you didn't live up to your commitment. ;T. f f h x � r h Mr, Licea: OK, First of all, I am not entitled to speak for my board. I work for the board on a similar way that the City Manager works for you. So there are certain things that I cannot commit the club to. However, I think that all of the members of the Commission, and, certainly the administration, has worked with our club for many years in many projects, and we have never gone back in our word or anything or not tried to cooperate and work with the City in many ways. Commissioner Dawkins, for example, when we attempted to do the very first part that we did, that we intend to do others in the future, we strived to go to the Coconut Grove, the black area of Coconut Grove, to get the feedback of what had to be done, and we tried to place this playground in an area that would serve the communities. And it is, as of today, a park that serves all the communities. You see Hispanics, you see Anglos, you see blacks in that park. Our toys distribution is done throughout all of Miami, Hispanic, black, Wynwood, Allapattah... Mayor Suarez: 1 certainly know the Saturday program. The Saturday program is magnificent, yes. And it... Mr. Licea: ...our basketball league. The Mayor has seen it. Our basketball league is 90 percent black. Mayor Suarez: Yes. Mr. Licea: The kid... Commissioner Dawkins: All I'm saying to you is, I know most of the fellows in the Kiwanis. And you cannot make me believe that the majority of them are not desirous of putting some of these trees in the black community. They don't think like that. Mr. Licea: Of course. Commissioner Dawkins: See. But you are standing up here saying that you're just one member of the board, and you can't go back and convince the board. You making the Kiwanis look like a bunch of racists. Mr. Licea: No, sir. Commissioner Dawkins: Yes, you are. Mr. Licea: It's not us. It's the West Little Havana Shenandoah Homeowners Association... Commissioner Dawkins: Don't now... a Mr. Licea: The Commission told us to meet with them, and agree in something: And that's what we presented you, sir. - Commissioner Dawkins: OK, let me ask you...all right, let me, let's bring it where everybody out here can understand it. The trees that you are donating are purchased how? Vice,Mayor Plummer: If we deny them, they got 400 trees to eat?> Mr. Licea: I'm sorry... y Commissioner Dawkins: OK, money to buy the trees to plant, comes from... how N is it raised? 4 Mr. Licea: Oh, OK, all right. All right. Most of the Kiwanis Club of Little Havana funding comes from Carnaval Miami. Commissioner Dawkins: Carnaval Miami. Nothing from Calle Ocho Mr. Licea: No, Calle Ocho is one of the events of Carnaval Miami. z Commissioner Dawkins: All right, so therefore, you're saying that there will be no money of the next Calla Ocho and the Carnaval Miami to buy more trees. that you could put in the black community. Is that what you're telling me? Mr. Licea: No, sir. What I can tell you... E 190 June 24, 1991 Mayor Suarez: Rafael, you're not being asked to make a specific commitment+ It's been stated already. Mr. Licea: Well yes, the answer is yes. Yes. Mayor Suarez: I don't think you're being asked to make a specific commitment. Mr, Liceai And I think that our commit... Mayor Suarez: You're being asked to make a general commitment. Will you make a 'general commitment? Mr. Licea: Yes. Mayor Suarez: All right. As to the present tree planting scheme, which has been a matter of dispute for I don't know how many months now, and for which I personally, have no more patience, and I hope the rest of the Commission feel the same way, that we've got to get this resolved, and off our :agenda',' We've never had so much trouble with something that was offered to be given•'to the °City. And I hope it's a lesson for our staff. When somebody offers something, you know, there's a saying about ' not looking a `gift horse 'A ry the mouth." Well , you have to look at the gift horse in the mouth because you never know `exactly what the dentures look like, as it turns out. They were going to replace a bunch of trees with the other trees that they offered, They never `said that' to us, and nobody ever asked them. At least when I approved it way back. If I was here, I don't know. When we started implementing it, anyhow... So as`to`the; present plan, I will 'entertain a motion and carrying with the motion an understanding that from the festival that wi 11 be held early next year, you wi 11 be 1 ooki ng to make an effort to provide trees for Liberty City and other parts of the City, Overtown Allapattah, etcetera, Wynwood. God knows they need them. Just don't go to Hialeah. Hialeah needs trees, but... w Mr Licea:Commissioner Dawkins, one of our plans that we are planning to do next year - and, again, it depends on how much money we make - is to do a" playground similar to the two that we- have "already 'done "in``• the` A1lapattah area.f Mayor Suarez: Well, you can come back `at that: point. You can come back at that point and say, listen,.the commitment we made, we made last year, instead i� of that, we want to try to use the-funds`to the`'extent poss"ible;,to build this. playground. It's in an'area that particularly needs'It. Why don't you guys,a agree to that, and I'm sure we'11 go along with it. Mr. Licea: Exactly, that's what I wanted -to bring Up-: to': the Commissioner.A- Mayor Suarezi But' that doesn't take away from`the present 'en commitment that you're making. All right? n Mr. Licea: Yes, agree': x, Mayor Suarez I 'don't think we could be mnever, ' ore specific than that. We're never F xr aP going to get out of this quagmire, x Vice Mayor Plummer: How many trees are we talking about to be planted? i �yyL , Mr. Licea: We're talking to plant 300 trees, sir. r, Mayor` Suarez: By the way, we've got donations of trees coning in from a variety of organizations. I forget who the last one came from the U"S Forestry Service, i think, and... 191 June Y 4x"kw<+s �t —� 7 � �e£sL '�' ' t: ''' •' ,k' ;: �, '°��'�`t :�-i �5{��'�`?� � +"i �`a*"� t� �� x� 4 fpy !,,bl+vt. k Mi^ '^fi5"A3��'ij°!Nffi'.}L t`•X 1 e v.Tt. } ¢ 7 ,t h Vice Mayor Plummer: But we've already planted those. Well, yes. Mayor Suarez: We're getting more. And so, you know, areas that need trees, we've got to send a message out to the community to please request them, and we'll do the best we can. And maybe we should be a little bit more pro active, as Commissioner Dawkins is suggesting, and look at areas that really need them and begin to provide them, and not wait for some organization to offer them. So we can go out and find them from other entities that give us the trees. Whether it's the U.S. Forestry Service, or I forget who the other donating entity was recently that had extra trees. I don't know if it was the school board or someone else. By the way, did you offer some to the Biscayne Boulevard folks? Did you ever reach a... Mr. Licea: OK, yes, I talked with a lady there, and she said whatever we could do for her. Mayor Suarez: OK, you haven't reached a final agreement with them either. Mr. Licea: Well, no, it was not a question of agreement. — Mayor Suarez: Keep them in mind. Can you ever;answer a question yes and no, — Rafael? -or is that... the years as a City employee must have really messed you up. Mr. Licea: No, she said that to see what we could do for them, and that's what we're discussing with her now. Mayor Suarez: Right, the same kind of thing. And in good faith, we assume that you're going to do the best for Biscayne Boulevard and, God knows, they need it in the north Biscayne Boulevard areas, north of the Omni. All right, as to the item before us, it's been hashed, rehashed, argued, and it,carries with it their commitment to help in other areas of the City with donations. Never had a donated item that caused so much problem here. I'll entertain a motion on the item. Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Somebody please second it. Vice Mayor Plummer: Hello? Mayor Suarez: I'll second the item. Commissioner Dawkins: It's been properly moved and seconded. Any further discussion? Hearing none, call the roll, Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-463 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE PROPOSAL BY THE KIWANIS CLUB OF LITTLE HAVANA TO REMOVE 75 EXISTING BLACK OLIVE TREES ALONG SOUTHWEST 8TH STREET BETWEEN SOUTHWEST 12TH AVENUE AND SOUTHWEST 27TH AVENUE AND TO DONATE AND PLANT 232 ROYAL PALM TREES AND.68 GOLDEN TRUMPET TREES TO REPLACE THE SAID BLACK OLIVE TREES IN THAT AREA AND IN OTHER LOCATIONS IN THE LITTLE HAVANA NEIGHBORHOOD IN. ACCORDANCE WITH THE A ATTACHED SCHEDULE; FURTHER AUTHORIZING THE CITY MANAGER TO ASSIST THE KIWANIS CLUB OF LITTLE HAVANA; INCLUDING THE USE OF CITY FORCES, IN ACCOMPLISHING THE REMOVAL OF SAID BLACK OLIVE TREES AND THE PLANTING OF THE 300 DONATED TREES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: 4 192 June 200 toot t hr�f ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: for several months. don't know what kind Commissioner Dawkins: the black community. I appreciate the gift. I've been working with this item r Still today, at the time that I have to produce a vote, I of plans and where. Therefore, my vote has to be no. They have not satisfied my concern for putting them in I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Item 46... Commissioner Alonso: And, for the record, Mr. Mayor. Mayor Suarez: Yes, Commissioner Alonso. Commissioner Alonso: I think the City of Miami has a problem with programs of r ! beautification. I think that this Commission has an obligation to take f serious steps that when we are going to do planting of new trees, and any work 5 of that nature has to be done in a proper way. That we don't have to remove trees today because we are disappointed tomorrow. Because it bothers the merchants today, and we have to plant something else. It has to be done in an .organized; way.. The streets belong to the citizens of Miami, and it has to be x in a coordinated way. I've been telling Dr. Prieto for a long time that it has to be a:study, analyzed and done properly, so we don't have to embarrass people that come. in front of us to give us something to help the City of `Miami. But at the same time, I cannot sit here and vote for something that is not the::appropriate trees for certain areas. I'm going to ask one question,.' , F and I don't want to just go on and on. We haverseveral items to follow.But .who is. going to clean when all of these yellow trees start .shedding all of <these -leaves. What's going to happen? Anditwill happen. Dr. Luis Prieto: The tabebuias are in 17th and 22nd Avenue. We don't clean those. l= i Commissioner Alonso: The County wills Mr. Prieto: We hope. { - R Commissioner Alonso: We know and you know that they will not clean, and we �y will not do it, and, therefore, it's going to bea mess. And it happens-.,, be in Little Havana. Thank you very much. {` Mr. Licea: Commissioner Alonso... r ate: Ulm, M s I l dt, yor.: uarez. wou n Mr. Licea: That's it? Mayor Suarez; I think the vote was favorable td you. I would... Mr. Licea: Would you like us to send you a copy to all of you? Because we Y � x: sent you a copy by courier. r x Commissioner Alonso: Please, I really appreciate that.; < z s . Mayor Suarez; Yes. Send her a hound copy of it with,., Mr, Licea: OK, thank you. Mayor Suarez; ...color cover and illustrated drawings. ik y N 193 Junk 2�,9 i y j Y a$� f. Commissioner Alonsos You know what? Eighth Street is a horrible looking street, and we don't do anything to beautify that street. And it needs a' serious beautification plan done properly. _ :`- Mayor Suarez: And some of the expertise that we don't have in the area of horticulture is that the correct term ` there's many, many people who have offered their services. From my staff, Linda Wolf has been in touch with some Of the people at the University of Miami so that we... I don't think the Commission is meaning to imply that we go out there and hire consultants or anything like that, because we... Commissioner Alonso: No, we have experts here in the City of Miami. Dr. Prieto tells me... Mayor Suarez: Well, some of them pose as experts, but I think they're pushing their specialty a tittle bit. Commissioner Alonso: Well, they know if they do an appropriate plan, we can >- end up doing the right thing. But this way, it's just pieces here and there, and it's never done right. Mayor Suarez: We knew we were in trouble. Some of the same people that did the Bayfront Park fountain from the Parks Department, ended up... Commissioner Alonso: That's why we have a fountain like that in the park, and... Mayor Suarez: We need experts in fountains and trees. Vice Mayor Plummer: Please, please, please. Commissioner Alonso: I mean, if you want to get into the fountain... Mayor Suarez: No, no, no, I don't want to get into the fountain. Commissioner Alonso: ...I asked Dr. Prieto to come back with a study, and you'll be surprised. Vice Mayor Plummer: Don't talk about the fountain. - Mayor Suarez: I don't want to get into the fountain figuratively or literally or otherwise, with or without bathing suit. I don't want to get into the fountain- at'a11. r Commissioner Alonso: Yes. If I ask Dr. Prieto to the microphone, and asked a few questions about that fountain. Mayor Suarez: No, I am sorry about the fountain. Vice Mayor Plummer: Please don't ask about the fountain. Mayor Suarez: Not -the fountain. Item 46, City of Miami Youth Baseball Academies, Inca Commissioner Alonso: You don't want to hear about the fountain. Vice Mayor Plummer: No. N rd z' x 194 Juno Z04 1991 n cAi es �`Zq,r, �,,G.-,�S � ".- .... � e� f s�, i ,n 3q3 � �. -• '�`Z*y a.rr .�s c ^ 1rttirrtlii➢l+re�ocrc.u�rriri�.rrYfnr.Yilara+f. SAMMMMOSWr iaiai+ie�aaaas,.�m..rraxsae w+mxsi iel.wr.r.i.Y::'.ri. .i.roazc roaerwaryef..r.im�aartw.tw 64, ESTABLISH SPECIAL CHARGES / TERMS 1 CONDITIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR 1991 YOUTH BASEBALL WORLD SERIES (PRESENTED BY THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC.). w®arrrr.r.+.w�rrwr`r. --------------- Commissioner De Yurre: Yes, Mr. Mayor, we're asking, as you know, this is going to be the 10th Annual Miami Youth Baseball World Series, and we're _ asking to waive the fees of the stadium and if Al Ruder can just give a quick detail of those expenses are and what they amount to. Mr. Albert Ruder: OK, basically we're asking... it's a seven day series, and we're asking for the waiver of the rental which is $500 a day, and it's been - done before. Mayor Suarez: I'll entertain a motion on the waiver of the fee for facil... Vice Mayor Plummer: Question. - Mayor Suarez: Assuming - I'm sorry - assuming the facility would not otherwise be used. Vice Mayor Plummer: Question. Is this organization... is this the City of Miami promoting? Mr. Ruder: We're a cosponsor. We have been for... Vice Mayor Plummer: With who? Mr. Ruder: With this organization which is made up of all the academies that _ play... - Vice Mayor Plummer: Youth Baseball Academies. Mr. Ruder: Right, the academy... Vice Mayor Plummer: Is that a nonprofit organization? a Mr. Ruder: Yes. - Vice Mayor Plummer: And there are no profits toibe made. m Mr. Ruder: Right. Vice Mayor Plummer: What happens if profits are made? 4. Mr. Ruder: Well, in the past, I've only been involved with it for two years, but in the past, I think, when there was some money left over, we used it for j the following year and, therefore, last year, we didn't even'request anything from the City. We were covering it from monies from the year before. Vice Mayor Plummer: OK so you control any excess profits? u� Mr, Ruder: Yes. r lA. t 9 Vice Mayor Plummer: That's fully understood? 'and Mr. Ruder: Yes, if it's not, we'll make sure. Vice Mayor Plummer: OK that's fine. Mayor Suarez: All right, on item 46, I'll entertain a motion. Commissioner De Yurre: Moved. r Vice Mayor Plummer: Move it. I'm sorry, it's De Yurre's item. Commissioner De Yurre: moved. } Vice Mayor Plummer: Second. 195 no ZQ, 1991 Mayor Suatov. Any dibUssidh? If not, please call the rollf The following resolution was introduced by Commissioner De Yurre, moved its adoption: RESOLUTION NO. 91-464 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM FOR THE 1991 YOUTH BASEBALL WORLD SERIES TO BE HELD JULY 19 THROUGH 25, 1991 AND PRESENTED BY THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AGREEMENT($), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID STADIUM EVENT; SUBJECT TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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. Y` Mayor Xavier L. Suarez , NOES: None. ABSENT: None. 65. APPROVE SITES FOR INSTALLATION OF RECYCLING ALUMINUM CAN MACHINES ON CITY PROPERTY; ORANGE BOWL, CITY HALL AND CURTIS PARK - INSTRUCT MANAGER TO NEGOTIATE MINIMUM GUARANTEES WITH REYNOLDS ALUMINUM 'RECYCLING =, COMPANY. _ -------------------------------------------------------------------- ----- Mayor Suarez: This is the section of the agenda devoted to Commissioner De Yurre. Item 47. Vice Mayor Plummer: Old tin can De Yurre. Commissioner De Yurre: I'll bring baseball, I'll bring hockey, performing arts center... Mayor Suarez:r Recycling, yes, sir. k Commissioner De Yurre: Recycling, you know, whatever it takes. s Mayor Suarez: Cycling and recycling. Yes, sir. _ Commissioner De Yurre: Go ahead. E� Vice Mayor Plummer: Would you like a fountain in Bayfront Park? I'll give it µ to you. Mr. Nevin Isenberg: I'm Nevin Isen... Commissioner Dawkins: -Pull the mike up, sir. Commissioner De Yurre; Well, you know, I do have to re... you,know, I -do have a political career that I have to control to some degree. Vice Mayor Plummer: Why did you people... Why did you saddle me with it? 196 ,Tune 20# 1901 { is a good way to phrase the quandary. so many years oT your political career, you know, what's... Vice Mayor Plummer: Yes, thanks. Suicide, it's called. Mayor Suarez: Give us a name and address, sir. We figured you had Mr. Isenberg: I'm Nevin Isenberg, 1523 Yoreta Avenue, Coral Gables. I'm the area business manager for Reynolds Aluminum Recycling Company, and I'm here today to request permission to place some of our automated can recycling machines on City property. I think everybody is familiar with the machine. If you're not, I brought some brochures that you can take a look at. The sites that we've identified at this point are the Orange Bowl, the City Hall area, and Curtis Park. From a maintenance standpoint, the machines are serviced everyday, seven days a week. If we do go forward with this, we take the responsibility for the installation, electrical hookups. Basically, the City sits back and collects the rent. The machines should divert between 50 and 100 tons of aluminum cans each year, each machine from the solid waste. The citizens will receive somewhere between twenty and twenty-five thousand dollars in material price for their cans, and the City will receive between starting at $3,000 a year per machine, and escalating over a two or three year period to $6,000 a year per machine in rent. We currently have an agreement with the Parking Authority at their lot 56 at Biscayne Boulevard just north of 36th Street. And if you'll remember, we have an agreement with you for one of our manned locations at the Fire Training College, and we've been there in excess of three years and we've lived up to all of our agreements there. Vice Mayor Plummer: This only takes aluminum cans. Mr. Isenberg: You cannot get anything else in it. Vice Mayor Plummer: It won't take a carport .or a barbecue gri11 or storm shutters. Mr. Isenberg: It has an opening about like so, the shape of a can, and that's the only thing that's going to go in there. Vice Mayor Plummer: And how long would this contract run? Mr. Isenberg: We normally look for a five-year contract that has cancellation at each year, with 90 day notice. Commissioner De Yurre: By the City. Commissioner Dawkins: By both. Vice Mayor Plummer: Move it. Mayor Suarez: Moved and seconded. { Vice Mayor Plummer: Second. Commissioner De Yurre: Call the roll. Commissioner Alonso: Question. Mr. Isenberg: Could I ask one more thing? That you direct the City Manager to work with me on siting and working out the agreements... Commissioner Dawkins: What's the return to the City? t Mr, Isenberg: The return to the City per machine, the first year would be $3,000. It would escalate over the five year agreement to $6,000 a year per machine. Vice Mayor Plummer Let me ask another question, Commissioner Dawkins: How long would it take to escalate to six thousand dollars? 197 June 20, 1991 4 k M a tn� i Mrs Isenberg: That is negotiable I would appreciate if you would give Me a` r couple of years to get a revenue stream there. But after that, it doesn't [make any difference to me what Jump it goes in. Commissioner Alonso: And the contract can be terminated with a notification gC-days, a notification and on a yearly basis. �f Mr. Isenberg: Ninety days at the... generally on the anniversary date. Commissioner Alonso: How will this affect number 31 that we approved this morning? How will it interfere with it? Since we are talking about recycling, and isn't that a duplication of... Mr. Carlos Smith: Commissioner, this basically provides another avenue for recycling. Vice Mayor Plummer: Yes, to get rid of the stuff. Commissioner Alonso: No, but the idea of the RFP is to go to full recycling, hundred per.... Mayor Suarez: I think the other stuff was organic material. Wasn't the other for organic material? Commissioner Alonso: No, no. No, no. Mayor Suarez: No? Commissioner Alonso: No, no. Mr. Smith What was your question? Mayor Suarez: Was the other contract for organic material or not? Wasn't it for composting? Mr. Smith: Well, it's basically all garbage. Vice Mayor Plummer: But it included aluminum ca!n's. Commissioner Alonso: Rubbish, everything. ha Mr. Smith: If you... you know, in recycling...£ Mayor Suarez: It includes... a; 1 Mr. Smith: In recycling today, we have 48 percent, 49 percent participation. . Vice Mayor Plummer: It isn't going to affect,.. if we go to the RFP, we still... we got ninety days.' Mayor Suarez: Are you ever going to make it a hundred percent participation? a Thank you. -' MrSmith. 1n cities that have mandatory recycling, they go into the sixties pet . rcent. You still have some... Mayor Suarez: You're composting stuff that includes recyclable material? Mr. Smith: No, the idea would be that the first phase of the process would be to recover as close to a hundred percent as possible of the recyclable, i material Mayor Suarez: Right. w` Mr. Smith: ...and then compost the compostable.. Mayor Suarez: Compost is totally irrelevant to this kind of stuff, right. fi Vice Mayor Plummer: No. no', no, it's not. Mr, Smiths Well, except that there is revenue to be made from the recyclable material that is taken away from the garbage. Y` i dune 20 1991 _— 4�id � Fxa ��- 'S+�i£�1�F'£'n .., `rYY � 2 1! V t.��R C,� c✓ r�za kt `• �YS �� Mayor Suarez: Ohl yes f y Mr- Smith: At the facility... Mayor Suarez: 0h9 yes, _there's revenue from all of it if it's done rightly, correctly. f Mr. Smith: That is correct, yes. Vice Mayor Plummer: Well, the question I.... Mayor Suarez: She was concerned about the fact that this might conflict with the morning item. I don't see how it... _ Mr. Smith: Well, it conflicts in the sense, 1f I interpret the Commissioner correctly, it conflicts in the sense that it diverts some revenue stream into a this other facility* Commissioner Alonso: And if we find that the other avenue it's more effective and convenient... Vice Mayor Plummer: We cancel them. Commissioner Alonso: ...with the City of Miami, what I don't want is that we give the impression to this company that itls going to be a long term contract. Mayor Suarez: That's good, that's a good point. That's a good point. Commissioner Alonso: So that they understand from -day one that we might change our mind. Mayor .--,Suarez: That unde we might change our minds as to how: to deal with that - entire stream., - Mr. Smith: Well, I think they understand that, given that it's a..,. Commissioner Alonso: And -not-give a false im...>maybe it will last, who R11 knows, for many years to come? But if not... Mayor Suarez: Do we have a right to change our minds about... Zoz Commissioner. Alonso• that the t d 1t 1l th t it ld any qu a we a cou happen.... Mayor,,:Suarez: Right. s Commissioner Alonso: ...that at the end of the first year, we end the agreement,,and they.don't go -into expenses. t� Commissioner.De=Yurre: Ninety day notice. = ,' Mayor Suarez:',Do-we have a 90=day notice periodt f r i � Mr. Smith: There is a... they understand that. There is a 90-day notices" — ever ear. , �-- Vice Mayor Plummer: Ninety days.. Commissioner Alonso: That's = right, but yoU know contracts read, ;we understand, =butwe understand. And it's,,. Mayor Suarez: Somehow they stick around forever. even though,., ' Mr:: Smi th:. We .will make sure.*., f t r kt 'Commissioner Alonso, • That's -right, and then we end up by saying, -we 4 q; it.. We have to continue wiWboth because of the legalities. Let's lllake it very clear today that that's understood, on the record, as well and in: the u contract, whatever kind of agreement is done. c4 - r NHS: /�.j 1 � f 199 J111r 20, i^� 4 i43 Commissioner Alonso: Indeed. t' ° Vice Mayor Plummer: Let me... Mr. Smith: We also need... I'm sorry. Mayor Suarez: Well, we have Commissioner Dawkins, please. Commissioner. Commissioner Dawkins: When we talked, we talked in terms of what a maximum load would be. What's the maximum amount of cans that a unit could use per day without overtaxing it? Mr. Isenberg: Probably about six to seven hundred pounds. Commissioner Dawkins: Six hundred. The reason I ask is that this is going to be something that Boy Scouts and Girl Scouts could utilize to make money for their troops by taking the cans, you know, gathering the cans in the community and going there. But I wouldn't want the Girl Scouts or the Boy Scouts to collect the cans in an effort to raise money for their troops and what have you and break the machines down. Mr: Isenberg: What we would be able to do with a group like that is that we would be able to work directly with them. These machines, because of their expense, are going to pay less per pound than they would at one of our manned locations. We would work out with an organization like that where we would give them additional services where they wouldn't need to use this type of machine. Commissioner Dawkins: Yes, but that's fine, see, but people like... I mean, a lot of us out here will take the cans, since we're on our way to work, drop them off and if sixty cents come out of the, machine we just give 1 t to; the Girl Scouts. You know, that's what I was thinking. Mr. Isenberg: Yes, sir, that would work fine for that. F Mr. Fernandez: Mr. Mayor, just a point of order. 4 Vice Mayor Plummer: Let -me -look the gift horse in the mouth. You're offering }x i us $3,000 per machine. Obviously, you anticipate making more. What do you _anticipate that the revenue per machine would be bringing in as gross? € 7 t,: Mr. Isenberg: `Can I give you a net? -that would be easier, from my profit. ,Y< Roughly a thousand dollars, maybe twelve hundred machine at full maturity. ` Vice Mayor Plummer: Per year? .4 Mr. Isenberg: Per month. Vice Mayor Plummer: Per month. So you're then talking about giving- you twelve thousand net profit... Commissioner De`Yurre: Fourteen four. Vice Mayor Plummer: .of which you're going to ,give' us... s , CommissionerDe Yurre: Twelve hundred a month, and we get six hundred. Around there, five hundred, six hundred. It's about half. ,N Vice Mayor Plummer: No, it's not half.A Commissioner De Yurre: He's talking about optimum, : Mr. Isenberg: I'm talking about at max, it would generate roughly $1204i for , me depending upon what the material... variables. Vice Mayor Plummer: Twelve hundred per - a month. 3` 4ih 200 dune 20,E too 3 � �'#fiP'4fi ,�. •i'�'i�s?�'`'s�F',: ,v„n" r et?�'z i � A4 `�y^ `�t�'' d c 7 4 Mr. 10mberal par: rl onthi That AS Afterl Wl given YOU the SIX hundred. an,- the f ive 'hundred. Commissioner be Yurre: Us 5o we get A third then. Mr. Isenbergt Cet e-third, yeas Vice Mayor Plummer: Are we better off taking that or a minimum guarantee plus percentage? Mr. Fernandez: Well, you know, my recommendation, Mr. Mayor.:. Vice Mayor Plummer: No, no, no, no, no, whom whoa, whbal I'm asking the question. Mr. Manager. Mr. Smiths it probably best a minimum guarantee, and a percentage given the... Vice Mayor Plummer: Well, that's then what I want you to negotiate. ,a Mr. Smith: We will. Vice Mayor Plummer: You know, I sure don't want to take all of its profits. But I want as much as I can get for the City. Mayor Suarez: You have it right.there. You have the comparison six hundred minimum or one-third, whichever is more for us. Mr. Fernandez: My point of order is that you understand this item has got to come. back to you after the administration and the Law Department has an opportunity... Mayor Suarez: Well, we just gave him instructions then on how to negotiate and bring it back to us for final approval. Mr. Smith:'" You're approving the three sites subject to all regulations.,'. Commissioner De Yurre:. Yes, and make sure_ there's a clause in there that whenever this contract terminates, that within a certain_, amount of time, reasonable -time, they Will remove all of the equipment from the site. w1 Mr,, Fernandez: Yes.; And also I understand that you want a clause there that would make it revocable at the City's decision or option.' Commissioner De Yurre: Of course. � 5� Mayor Suarez: That's what he said. x Commissioner Dawkins: That's both, option for both. Mr: Fernanders Rescindable or revocable. Commissioner De•Yurre: Yes. L x Commiasioner Dawkins: Yes, both sides give a.90-day notice,'both sides,r : ,5 Mr. Fernandez: All right. Both sides with 90 days notice. Mayor -Suarez:, OK. I' I entertain then din the form _of a motion. 1 i Vice Mayor Plummer: Move it. ,!N T :f Commissioner De Yurre: Second. hur Mayor Suarez: Any discussion? If not, please cell the roll. fo +t ■( Axbr s 1 201 June 200 r .. yf" j ry by Commissioner Plummer, MOTION NO. 91-465 A MOTION APPROVING REQUEST BY OEYNOLOS ALUMINUM RECYCLING COMPANY TO PLACE THREE CAN RECYCLING MACHINES IN THREE DIFFERENT CITY SITES, NAMELY, IN THE ORANGE BOWL AREA, CITY HALL AREA AND THE CURTIS PARK AREA; FURTHER INSTRUCTING THE MANAGER TO NEGOTIATE WITH SAID COMPANY THE FOLLOWING ITEMS: (A) MINIMUM GUARANTEE TO THE CITY AND PERCENTAGE FOR USE OF SAID SITES; (B) ASSURANCE THAT AT TERMINATION OF CONTRACT ALL EQUIPMENT INSTALLED WILL BE EXPEDITIOUSLY REMOVED; (C) A 90-DAY REVOCABLE CONTRACT AT EITHER PARTY'S OPTION; AND (D) TO ENSURE COMPLIANCE WITH ALL OTHER APPLICABLE CITY REGULATIONS. y r who moved Upon being seconded by Commissioner De Yurre, the motion 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. Mr. Isenberg: Thank you very much. ------------------------------------------------------------------------------ 66. PERSONAL APPEARANCE: DIEGO MELLA - APPROVE, IN PRINCIPLE, REQUEST FOR PLACEMENT OF MONUMENT DEDICATED TO SURVIVORS OF GUANTANAMO BAY ON S.W. 13 AVENUE (BETWEEN S.W. 8 AND 22 STREETS). K -- --- --- - ---------------------------------- -- --- ---- - --- - Mayor Suarez: Item 48. Are they here? Commissioner Alonso: Yes. Vice Mayor Plummer: This is yours. Commissioner Alonso: Um hum, yes. E Mr. Diego Mella: Mr. Mayor, Commissioners, my name is Diego Mella. I'm the. commander with the Metro -Dade Police Department, and also president of the a Survivors of Guantanamo Bay. This is the vice president, Johnny Biso, and the ,. reason why we're here today this is a newly instituted organization, not for profit, made up of members of people that have escaped from Cuba successfully through the Guantanamo 'Bay area. One of the reasons,that this association was formed was to give light to promote the saga that has happened for, 32 years. And to honor those that have died, you know, trying to escape from Cuba through Guantanamo Bay. This is probably one of the most known chapters of the history of freedom in the world. Without exaggeration, I- will say..that' i the Berlin Wall pales in comparison to what's happened here. Why? Mayor Suarez: Typically you have to be a pretty good swimmer if you're going '} to do it by the water. Mr. Melia: Yes, sir, Mayor Suarez: On the bay, rather. �x Mr. Melia: Not only by the water, but also by land. I, myself, escaped through water. 202 Jung ma`s' i `t Mayor Suare2i YOU did it through land? By water* Now many miles did:you � ,: swim oI' otharwiae.�� Mrs. Melia: Roughly it was about six miles. It could have been more. When I got into -the bay, I didn't know the surroundings at all. We don't know yet how many have died. That's one of the reasons that we're here. but I can certainly say that it has been hundreds of them. Mayor Suarez: Diego, you basically need the space... Mr. Melia: Yes, Mayor Suarez: ...and all other guarantees are made as to the cost... Commissioner Alonso: Yes. Mayor Suarez: ...and maintenance of the monument and everything, right? Mr. Melia: That's correct. What we want is to build the monument to the ones 4 that died, and in honor of their families in the area of a Cuban boulevard which is right 13th Avenue between Coral Way and S.W. 8th Street. We will raise the monument by private funds and private donations, and we will - maintain it that way also. Commissioner De Yurre: I think, Mr. Mayor, we got no problem with that as tong as we get to see... Vice Mayor Plummer: Can I... Commissioner De Yurre: ...what it is that they're going to be putting there. Vice Mayor Plummer: Keeping in mind... Commissioner Alonso: Yes, what we... _Vice Mayor Plummer: Ladies first. Commissioner Alonso: Thank you. I think what we should do is instruct the administration to work with them, and select the location that is appropriate. We have ample opportunity in the boulevard. They should select the best location; work with the administration, and then come back to us= with the final -proposal for the final approval. But in principle, we should take a motion... m Mayor Suarez: Absolutely. Commissioner Alonso: ...to support the idea and to allow this to be done. Mayor Suarez: OK. F4 t Mr. Melia: Absolutely. - Mayor Suarez: I'll entertain that in the form of a motion. ram. Vice Mayor Plummer: Mr. Mayor, I was only going to suggest... Mayor Suarez: Vice Mayor Plummer. fi Vice Mayor Plummer: ...knowing the history of Cuban memorial boulevard��before �* any�ofcyou were here. I would strongly suggest; sir, that -you try'and.placis ' your monument north of 13th Street. There's plenty of room in there. ; Mayor Suarez: OK. Vice Mayor:Plummer: But when you get beyond 13th down towards Coral Way, it to.��,EE starts to get controversial and that's by the Latins as well as the other members of that area. So I would strongly suggest... tr- ° Mayor Suarez: With that strong suggestionand tie general... Vice Mayor Plummer: ...between 8 and 13. 3 kl�a 203 dune 2 n UM E .t Vice Mayor Plummer: And 13th Street. now, Where's no monuments south of... Mr. Melia: We certainly mean to heed wherever we can, Mr. Mayor. Mayor Suarez: In there and they're happy mood today. the construction industry, you see the two of them back here on another item, I think, so maybe they'll be in a Mr. Mella: OK, sure. Mr. Jorge Fernandez: Mr. Mayor, as a Mayor Suarez: Very patriotic fellows Mr. Melia: Yes, sir. Mr. Fernandez: Dr. Prieto, I be an item that would be Codesignation Board deal? don't know what his position is, but would this referred to the Codesignation Board as a Mayor Suarez: You tell us. I mean, we can certainly... Commissioner Alonso: Why? This is not a street. Vice Mayor Plummer: No, you're not renaming the street. Commissioner Alonso: No. Mr. Carlos Smith: No, I think the administration, we can meet... j Commissioner Alonso: We already did. ' ti Mayor Suarez: Yes, let's not complicate life on ourselves. It's... the Codesignation Committee is already somewhat of a cumbersome procedure which we E thought was going to... a Mr. Fernandez: I just wanted to... F=: Mayor Suarez: OK? f<< Dr. Luis Prieto: If it pleases the Commissioners, we're already looked into s ;. it, and we `do recommend precisely 13th Street and 13th Avenue, as a�choice location. Mayor Suarez: All right, OK.- - Commissioner Alonso:` Great. 4E Mr. Prieto: North of that, it's already congested with the Virgen del Cobre� and... Mayor,Suarez: We're not into the specifics of it. If we're going to have to r54 approve it again, Dr. Prieto, but we appreciate your pleasing remarks. Al right... ; Commissioner Alonso: I so move. ; Mayor Suarez; Moved.$ r� Commissioner De Yurre: Second. Mayor Suarez; Second. r Commissioner De Yurre: In principle. 2 rev , 204 Duns 200 1001 . 5 �Ea f ME - Commissioner Alohgot That we approve and recommend the idea and we are Vert happy to see a monument like this in our streets. Mayor Suarez! Yes, ma'am. Ida, did you want to say something on this? Mr. Mellat Yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarezt Well, we're about to finish now, so speak now or forever hold your peace. Please. Go ahead, come up to the mike. Mr. Mella: Let me just have an opportunity to thank Commissioner Alonso. She has been working very closely with us, and without her, this, you know, probably wouldn't happen. Although I'm sure that all of you feel the same way that this is an honorable thing to do. I also want to assure you that we wanted to bring the plans today, some renditions of what the monument will look like, and suggest a location which is just about where you said it was. So, you know, we're completely happy with it. E Vice Mayor Plummer: That's fine. r Mayor Suarez: Very good. All right, commander. Ma'am, did you want to say something on this item before we vote, or after we vote? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Fernandez: This is approving in principle, Ar. Mayor, correct? Mayor Suarez: Oh, it has nothing to do with this. All right, call the roll. Commissioner Alonso: It has nothing to do so we'd better vote. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO 91-466 A MOTION IN SUPPORT OF REQUEST BY REPRESENTATIVES OF "SURVIVORS OF GUANTANAMO BAY," APPROVING IN PRINCIPLE USE OF CITY LAND IN THE VICINITY OF THE "BAY OF PIGS" MEMORIAL ON-CUBAN BOULEVARD-(S.W. 13 AVENUE BETWEEN 8 AND 22 STREETS) TO PLACE A MONUMENT DEDICATED TO HEROES WHO LOST THEIR LIVES IN THE GUANTANAMO BAY AREA IN PURSUIT OF FREEDOM; FURTHER , INSTRUCTING THE ADMINISTRATION TO WORK WITH SAID GROUP AND COME BACK WITH A RECOMMENDATION. a a' �a vp qp 11A, ME 'tx isaabAV" ftaww" arras..YbYsmdtiiibiCiAtJYiir.."Ak i6 ibiiM6AbdM lira rrir Ni aB..r�.air..►rtbaar..�ciiGii➢iGiY i.x:tttsirYY.tt+Mi'aliiYiYi{.t.atni.iYlYiiliYall - $J. BRIEF COMMENTS BY IDA-MARIA CBVASCO ON THE HOMELESS SITUATION. iiiYifblitiiGYi+riib YtYiYi GYiii�ii�Y/.tYiriill�l+tiwli4Y4SYtr+li ltitW Yt.�Yti�ilYllitYi ibrrWr{r.b�tt�iLrYitrii.rbii(Giw OiiiilrtitiiGratCai..rrziab®a.iilt Yl ,,;:. Mayor Suarez: Ida, quickly, because we've got a few other items, and them we've got planning and zoning. Ms. Ida -Marie Cevasco: Honorable Mayor and Commissioners, the only reason I'm here to because of the homeless. Mayor Suarez: Ahl Ms. Cevasco: On Sunday... I have a small sundeck and there are stairs that go up in the back and anyone can go up there. Sunday I was up there. I had swept away the leaves. On Tuesday, my brother-in-law and I happened to look up on the roof and we saw a man's shirt up there which means that people are going up there at night, and they're steeping on my property also, at the end 4i of my property. Now, Commissioner Alonso, I, happened to see you on that j program on TV with Michael Putney. You did a lot of talking, but you didn't s give any solution to homeless. Commissioner Alonso: Oh, yes I did. Let me clarify this. We offered to have a homeless coordinator. And I will advise you also to go and place some of i the request of what I'm sure you're going to request from us, from Dade County. I think the City of Miami has come forward to say, yes, we are willing to accept some of the responsibility, but we cannot burden only the citizens of Miami for the responsibility of something that is the responsibility for all of Dade County. I think we have established a working pattern between the Resolve organization and our establishing -a homeless coordinatorfor the City of Miami and the neighborhoods, as well as the City of Miami.' We are working together to find long lasting solutions to the problem of the homeless. Identify the problems and find the final solution to the problem. What is a not a solution, ma'am, is to bring food to them in our neighborhoods and say, 'Miami is responsible and -the taxpayers of Miami are responsible.- This is a larger responsibility that these five people sitting uphere It's the responsibility of the state', it's the responsibility of the County, as well as the federal government. Ms. Cevasco: -Just a moment. A census was' taken by the federal government,_ was it not? Were these homeless included in the census? The first thing you should do... Commissioner Alonso: I don't know... 1 . Ms. Cevasco: Just a second, let me finish. f Commissioner Alonso: We don't really know if they were counted or not. I really don't know. Ms. Cevasco: Well, just a second, I want to say something. i Mayor Suarez: You asked a question, Ida, she answered you. Ms. Cevasco: Huh? If the people are sleeping in the City of Miami, it's the responsibility`of the City of Miami. And what should be done with each one of those homeless should be investigated. If theycome from other statesinthe f United, States, send them back to where they came -from. But, I'm going --to" 11 you something,` Commissioner Alonso, I can put my 'hand in the -fire that ninety- nine and nine -tenths percent are Cuban refugees. Commissioner Alonso: And what do you mean by that, ma'am? Ms. Cevasco; What do I mean by that? I'm going to tell you what I mean by that. Because you discriminate against people. You send the Haitians back, but you don't send the Cubans back. Not that the City of Miami has gnythitg to do with that, that's federal also. I know the difference. You know, I'm living' in this home 39"years. My home has been broken into:more than% 9 _ times. ,t Mr. Duke McBride: Excuse me... l ly 206 June 0. 1991 e 4kt§ s. -. f i J f i l" {Ei S`• 3y f C'9" ;"Yv 'c('."-^ki ^h ,'"! R",.;` NO '"- y Ms. Cevl sco i I have put bars on my windows, and sti l l nay home was broken into! Mayor Suarez! All right, Ida, we're going to try to do the best we ban, but some of the statements you made are statistically incorrect. If you would have a seat, we're going to... the Commission... Commissioner Dawkins: No, ma'am, no, ma'am, before she has a seat... Ms. Cevascot I mean I want to live in peacel Mayor Suarez: Yes, Commissioner... wait, wait, wait, wait.... Commissioner Dawkins: I'm going to give you an answer. Mr. McBride: Excuse me... 4 Ms. Cevasco: I want to live in peace and... Commissioner Dawkins: Yes, ma'am, listen. Wait, listen, don't move! Don't movel OK. Everyone of us up here concur with you, OK? We have fought this. Now, Mr. City Attorney... Mr. Jorge Fernandez: Yes, sir. Commissioner Dawkins: Will you give the public the orders that the judge has placed the City of Miami under as it relates to. the homeless. Will you give us that, please. Mr. Fernandez: Yes, in essence, a federal court, Judge Adkins, has prevented ' the City from removing the homeless or separating them from their property, _ i and presently he has enjoined the City from arresting the homeless even though they may be doing what would be considered bodily necessities. Commissioner Dawkins: So, therefore, we concur with you. I think that you have more right than the homeless, because you pay taxes and what have you. But- a judge is telling me that I cannot order the police to take this individual off your property. Now, Judge Adkins will put us...; Ms. Cevasco: Don't worry, I make them get off my property. I'm not afraid of anyone i . Mr. McBride: Excuse me,.Mr. Mayor, if... z Mayor Suarez: Wait,: wait, wait. Why are we going to have a generalized x debate on something? _i commissioner Dawkins: I'm with you. Mayor Suarez: All right. Commissioner Dawkins: The judge will not permit me to do anything. j Mayor Suarez: Thank you for your comments. We... Ms. Cevasco: I trust I can live in peace the last few years of my life.'' Mayor Suarez: Yes, Ida, you're just totally wrong about the percentage of the x homeless that happen to be Cuban refugees, and we could give... -( Ms. Cevasco: I'm sure there are -no Italians. there and... i Mayor Suarez: Ida, I didn't ask you, I was telling you. Have a seat, have a seat, Ida.: Ms, Cevasco: And I'm sure there are no Colombians there either. Commissioner Alonso: I really think that this kind of racist comments are not r 1. ' conducive to anything appropriate... { Mr, McBride: Absolutely. Y t, 207 Juno 20, 1 t CoMigsioner Alonso: ...in this City of Miami,,and definitely will not help the situation of the homeless or anyone else in the City of Miami. Mayor Suarez: They're wonderfully mixed as to national origin and racial background, there's everybody. Most of then, or a good percentage of them, by the way, are former service people, they're veterans. Mr. McBride: Twenty-six percent, Mr. Mayor. Mayor Suarez: Yes, OK, thank you, Mr. McBride for your statistic. Mr. McBride: If I could just interject... Mayor Suarez: I don't think we need to. We're not going to solve this today. Mr. McBride ...one quick comment to this young lady on the record. I do want to come to defense of this Commission. I am the chairman of the local group called Resolve, which is comprised the neighborhoods addressing the issues of the homeless. And I've got news, for you. This Commission, especially Commissioner Alonso, who you just said didn't have any solutions, has gone one thousand percent further than Metropolitan Dade County has, and j they're responsible for social services. _ Ms. Cevasco: Just a second... Mayor Suarez: No, no, nol Outside you can argue with Mr. McBride, he loves to argue, Ida. But the rest of the people here have other items. All right. ------------------------------------------------------------------------------ 68. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE REQUIREMENT FOR -' COMPETITIVE BIDDING - APPROVE PURCHASE OF 7 DEFIBRILLATOR MONITORS 12 LEAD ECG AND ACCESSORIES FROM MARQUETTE ELECTRONICS, INC. - ALLOCATE FUNDS FROM CIP 313237 AND STATE OF FLORIDA EMS MATCHING GRANT PROJECT 104004., ------------------------------------------------------------ ----- -- x Mayor Suarez: Item 49. Mr. Jorge Fernandez: This is a public hearing, Mr. Mayor. Mayor Suarez: All right. - Vice Mayor Plummer: Is it a full moon? - Commissioner Alonso: I think so. Mr. Fernandez: And you require 4/5ths for this one. It's a sole source.' Commissioner Dawkins: All right, I'm here. Mayor Suarez: OK, we've got four Commissioners.. Mr. Fernandez: Yes, you have.I Mayor Suarez: I'll entertain a motion on item 49. Commissioner Dawkins: Move it. Mayor Suarez: Does anyone wish to be heard against this item? Let the record reflect no one stepped forward. It's been moved. w Commissioner Alonso: Second. is Mayor Suarez: Seconded. An discussion? If not lease call the roll. Y Y p ,t f 1 ,5 208 ,dune 200 1991 t, The following resolution was introduced by Commissioner Dawkins, who moved its adoption: 1 RESOLUTION NO. 91-461 A RESOLUTION, BY A 4/6YHS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER,A DULY ADVERTISED i PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR I COMPETITIVE SEALED BIDS DUE TO A SOLE SOURCE OF PROCUREMENT AND APPROVING THE ACQUISITION OF SEVEN (7) DEFIBRILLATOR MONITORS 12 LEAD ECG AND ACCESSORIES FROM MARQUETTE ELECTRONICS, INC. AT A PROPOSED TOTAL COST OF $98,784.00 FOR THE DEPARTMENT OF FIRE, RESCUE, AND INSPECTION SERVICES; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 313237, ACCOUNT NO. 289401-840 (50%) AND STATE OF FLORIDA EMS MATCHING GRANT PROJECT NO. 104004, ACCOUNT MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (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. ------------------------------------------------------------------------------ 69. ORDER SPECIAL IMPROVEMENT AND ESTABLISH SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION - DESIGNATE PROPERTY UPON WHICH SPECIAL ASSESSMENT SHALL BE MADE. ----- ---- ----------------------------------------------- ---- Mayor Suarez: Item 50, special improvement, establishing special assessment district, Flagler/Core Area Security District. Entertain a motion on the item. Mr. Jorge Fernandez: Public hearing. Commissioner Dawkins: Move it. Mayor Suarez: Does anyone wish to be heard on this item? reflect no one stepped forward. Commissioner De Yurre: Second. Let the record Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 209 June 200 1991 following resolution was introduced by.`CoMissioner Dawkins, who adoption RESOLUTION NO, 91-468 A RESOLUTION, WITH ATTACHMENT(S), ORDERING A SPECIAL IMPROVEMENT AND ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE YEAR TO BE KNOWN AS THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION; DESIGNATING THE PROPERTY UPON WHICH THE SPECIAL ASSESSMENT SHALL BE MADE FOR THE COST OF SECURITY SERVICES WHICH WILL STABILIZE, BENEFIT AND IMPROVE THE FLAGLER AREA RETAIL AND OFFICE DISTRICT EXPANSION AREAS; DESIGNATING THE LANDS IN THIS EXPANSION DISTRICT UPON WHICH THIS SPECIAL ASSESSMENT SHALL BE LEVIED ON THE ATTACHED LEGAL DESCRIPTIONS; STATING THE COSTS THEREOF WHICH SHALL BE PAID BY VIRTUE OF SPECIAL ASSESSMENT OVER A ONE YEAR PERIOD; AND STATING THAT THE TOTAL ESTIMATED COST OF SUCH SPECIAL ASSESSMENT :FUNDS ARE TO BE ADVANCED FROM THE GENERAL FUND TO BE REPAID THROUGH THE SPECIAL ASSESSMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Wait, wait, wait. I'm going to vote yes. I am in total disagreement with this program, but if the merchants want it, and the merchants are willing to pay for it, I'm going to vote yes. I think that there are a lot better ways so that they can get a bang for their dollar than —# what they're doing here. But this is what they're wanting, and this is what ' they're willing to pay for, I'm going to go along and vote yes. --------------------------- --------------------------------------------------- 70. RATIFY MANAGER'S FINDING OF SOLE SOURCE WAIVE REQUIREMENT FOR COMPETITIVE BIDDING - APPROVE PURCHASE OF LIBRARY HANDLER FOR POLICE DEPARTMENT'S AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM'(A.F.I.S.) FROM PRINTRAK, INC. ALLOCATE FUNDS FROM CIP 312018 (POLICE EQUIPMENT ACQUISITION). ------------------------------------------------------------------------------ Mayor Suarez: Item 51. Sole source, finding fingerprint identification system. I'll entertain a motion on the item. Vice Mayor Plummer: No, I'll move it, Mr. Mayor. Mayor Suarez: So moved. Mr. Jorge Fernandez: Public hearing. Mayor Suarez: Yes, I'm just waiting for a second here. Commissioner Alonso: Yes. 210 June 20, 1991 Y 'G " i �lAyoruaraz: Does' anyone wish to be heard on this iteml Commissioner. hir. DohzataY� oanaga. Mr. Manuel Conzalez-Goenaga. Yes, averytime i.... Mayor Suarez: Let me Just ask quickly. I'm sorry to interrupt. Any Commissioner with to discuss the item? All right. Vice Mayor Plummer: Mr. Mayor, just on the record, maybe I can short track w it. This is the only way that we can be in full accord with the County and the state in the fingerprint system in going to' the Calspan kind of premise. If we go to any other source, we would have to go back and completely redo our hundreds of thousands of fingerprints that we presently have on different kinds of cards to try and make our system compatible with the others. That's the reason for this. Mayor Suarez: OK, Mr.... Vice Mayor Plummer: I might let the Commission know that it was through this kind of a system approximately six or seven years ago, when we had a policeman killed that within 88 minutes we were able, through this machine, to identify the killer and that afternoon at 5:00 o'clock, brought that person to justice - not to justice, but to arrest. Mayor Suarez: All right, sir. Vice Mayor Plummer: So, I think this is very very important. Mr. Gonzalez-Goenaga: I withdraw my objection. - Mayor Suarez: Very good. Mr. Gonzalez-Goenaga: After hearing Commissioner Plummer. Mayor Suarez: OK, thank you, because it certainly was compelling testimony from Commissioner, Vice Mayor. Any discussion? If not, please call the roll. Mr. Fernandez: It requires 4/5ths. Mayor Suarez: OK. Vice Mayor Plummer: There's five of us. Mayor Suarez: Call the roll, please. , The following resolution was introduced by Commissioner Plummer, who a} w- moved its adoption: i RESOLUTION NO. 91-469 A'RESOLUTION RATIFYING, CONFIRMING AND APPROVING, BY AN 'AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, THE CITY MANAGER'S FINDING OF SOLE SOURCE, THEREBY WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF A LIBRARY HANDLER FOR THE CITY OF MIAMI POLICE r DEPARTMENT'S AUTOMATED FINGERPRINT IDENTIFICATION £' SYSTEM (A.F.I.S.), FROM THE SOLE SOURCE OF SUPPLY, PRINTRAK, INC., AT A TOTAL PROPOSED COST OF $90,000, WITH FUNDS THEREFOR BEING ALLOCATED`: FROM THE CAPITAL' IMPROVEMENT PROJECT, 312018 "POLICE EQUIPMENT ACQUISITION"; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. r (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: t 211 Tulle 0, 4991 4 a ST^ n !MV h E h4.t ,- AMt"""COW Victor De Yurre Coil>mi310ner Miller J, Dawkins Co issioner Miriam Alohad Vibe mayor J6 L. Plummer, Jr. Mayor Xavier Li Suarez NOES: None, ABSENT: None. sSt Wir+l ----rMier.Y11GI1riilYWrfiiirr--------------rir- ------i i+--lii---------nriJ�Lwtil YYritll itiii WYaiifiT ' 7'1. ACCEPT COMPLETED WORK: LANZO CONSTRUCTION CO., FOR N.W. 36 STREET SANITARY SEWER IMPROVEMENT DISTRICT SR-5649 (CENTERLINE SEWER) (CIP 361276). -----r-------rr—rrrrr—r------rrrrrr------rr----- r—rr--------rr------- -- -.r—rr & Mayor Suarez: Item 52. a Commissioner Dawkins: Move it. Mayor Suarez: Accepting the completed work. Moved. Commissioner Alonso: Second. Vice Mayor Plummer: Does anybody wishing to object... Mayor Suarez: Second. Does anyone have any... Does anyone wish to be heard on this item? Let the record reflect no one stopped forward. Call the roll. Vice Mayor Plummer: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved -its adoption: RESOLUTION NO 91-470 A`RESOLUTION AUTHORIZING THE COMMITMENT OF FUNDS TO REGIS HOUSE, AND ALLOCATINGFUNDS THEREFOR, :IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE LAW ENFORCEMENT' ' TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. '= (Here follows body,of resolution, omitted here and on file in the 'Office of the City Clerk.) -"Upon being seconded by Commissioner Alonso,.the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins ' { i Commissioner Miriam Alonso 4'• Vice Mayor J. L. Plummer, Jr. ;°t Mayor Xavier-L. Suarez NOES: * : ­ None,' ; ABSENT:.- 'None. ,a x { as , u F t t' � � y�{�......y.....Y..i..i ..ii...r i......iiil.W.Y,ia a ` 72. (A) DISCUSS AND TABLE PROPOSED CODESIGNAT'ION OF A CITY STREET IN HONOR OF ALICE WAINWRIGHT. (Note: This was not taken up again.) (D) VICE MAYOR FOR COCES PLUMMER OF EUGENE MARKS. ON PRIOR REQUEST' \ YY----Y riri.iYi ir.Y--------— - ------------..—r---- W —ii----- W---r----------- W -- W --- W - Mayor Suarez: Leave item 53 for after 5:30 in case there's any need for anyone to be heard on the item. Item... we're on planning and zoning agenda. Vice Mayor Plummer: Mr, Mayor, I would ask at the same time that I asked about honoring Commissioner Wainwright, I asked about, and the Mayor was nice enough to put his remarks in, about Gene Marks. And I'm wondering why one has come back and the other one has not. Mayor Suarez: Is it conceivable this one came at the request of someone who wanted to be heard on the item? Vice Mayor Plummer: No, no, it was our suggestion that any of these have a public hearing. But I'm wondering why... Mayor Suarez: But maybe they went to the street designation. Dr. Luis Prieto: OK, on Wainwright, it was agreed where it was going to be located, and that's why we have the legislation before you on... Mayor Suarez: It was agreed that it was going... Vice Mayor Plummer: We never agreed on what it... Mayor Suarez: I thought that that's where we had all the controversy about... Vice Mayor Plummer: One suggestion to me was Main Highway, but that wasn't necessarily because I honored the Mayor's remarks that we had never codeslgnated a named street with another name. And so I thought that one was out, even thought I read in the paper that I was accused of doing something else. That doesn't bother me, but the Mayormade that comment and I fully concurred at that time that we don't codesignate a named street with a name. And suggested that we use monuments or something else, but at the same time was Gene Marks, as well as the Wainwright. Mayor Suarez: Could you track that down? What happened to the Gene MarksJF one, and in the case of this one, unless someone wants to be heard on this at 5:30, we should get a report from the Codesignation Committee that takes into :x account our recommendation for both of these, and the suggestion that maybe markers or plaques be used. Vice Mayor Plummer: Considered as alternates. Mr. Prieto: OK. On Marks, it was agreed it was on 10th Street and N.W. 2nd Avenue. Vice Mayor Plummer: First Avenue. Mr. Prieto: First Avenue, you're right. Vice Mayor Plummer: -Where the original company was started. Mr. Prieto: That's right. That has been proposed and on this one, we had proposed, in the meeting here, in lieu of Main Highway, 17th Avenue between U.S. 1 and South... ' Mayor Suarez: OK, send that recommendation then to Codesignation Committee, if there's no problems with it. Vice Mayor Plummer; That's fine. Mr. Prieto: Codesignation doesn't have a ,problem. legislation is before you. In fact, I've got it here. 213 _ t.SSG'��ty� J_, '�ht♦ _R " .� ;fP "�� ` kT 4 a� .?^ g - 3 A, y +ti Mer�ar�ez: OKi wail then let's wait till :SDn� there any objectors.* -. , Mr. Prieto: Pine: Vice Mayor Plummer: Fine h, Mayor Suarez: We've got the whole story now. Mr. Prieto: Great. ..---------------- ---------++rrrrr..rrrrrrrr..rrrrr---arc--------- rr—rrrrt----- 7S. ALLOCATE $50,000 TO REGIS HOUSE (Law Enforcement Trust Fund). r.--------rrrr—rrr..rrrrwrrrrr+.rrr+.rrrrrrrr.r----rrrrrrrrrrrrrrrrrr----rd.rrrr�rrw Mayor Suarez: All ..right, PZ-1. Commissioner Alonso: Before we go into that, may I introduce a resolution... Mayor Suarez: Yes, Commissioner. THEREUPON, COMMISSIONER ALONSO READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: So moved. Vice Mayor Plummer: Second. Mayor Suarez: Seconded.- For Regis House, $50,000 from Law Enforcement Trust Fund. Wehad previously recommended it to, the attention of the Chief, and apparently it's come back with a positive recommendation. Vice Mayor Plummer: He's beginning to learn. Commissioner Alonso: Um hum. Mayor Suarez: Moved and seconded. Any further discussion? If not, please call the >roll. The -following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-471 A.RESOLUTION AUTHORIZING THE COMMITMENT OF FUNDS TO REGIS HOUSE, AND ALLOCATING FUNDS THEREFOR, IN AN r AMOUNT NOT TO EXCEED;$509000,- FROM OE_LAW ENFORCEMENT v TRUST FUND, SUCH COSTS HAVING BEEN: APPROVED BY THE CHIEF OF POLICE. a t (Here follows body of resolution, omitted here and on - fife in the Office iof the�City Clerk.).;, - Upon being seconded by Commissioner.Plummer, the resolution ,was passed :' tr is Ftt and adopted by the following vote: - s°s AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissoner,Miriam Alonso -U Vice Mayor-J. L. Plummer, Jr. Mayor Xavier L. Suarez 4 NOES: None. } ABSENT: Novo. _ :YT J. t ' sI y : 214 {pf i { R rssrrr�nasrrrras.,arr�.rs.s,raimwAli mmmft_ :ra.s.rrs+r.w..ar. .��:� 74, (A) (Continued Discussion) DIRECT CITY: ATTORNEY TO PREPARE CHARTER AMENDMENT TO ELIMINATE REQUIREMENT OF READING FULL TITLE OF EACH PROPOSED ORDINANCE INTO THE PUBLIC WORD (See label 10). (B) DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT TO ENABLE COMMISSION TO GRANT, BY ORDINANCE, SUBPOENA POWER TO CERTAIN COMMISSION -APPOINTED BOARDS AND COMMITTEES. ---------------------------------- ------------------------------------------- Commissioner Dawkins: Mr. Mayor, I have two resolutions... Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: One that we're going to put on the ballot to change the Charter requiring that the title to each proposed ordinance be read aloud. And the second one was where we directed the City Attorney to prepare a City Charter amendment enabling the City Commission to grant by ordinance, subpoena power to such boards. And I so move that the Manager, that.... ' i Vice Mayor Plummer: Second it. r Commissioner Dawkins: ...go ahead and put these on... draft and place it on the ballot. Mr. Jorge Fernandez: Yes, I distributed that to you. Vice Mayor Plummer: You'll come back to us with the proper wording for the _ ballot. Mr. Fernandez: Right, but I need to first instruct me to do that, and these are the resolutions you're looking at it just to... Mayor Suarez: OK, that's what he moved. Do we have a second? Mr. Fernandez: Thank you. '. -z Commissioner Alonso: Yes, already did. i = Vice Mayor Plummer: Yes. Mayor Suarez: Call the roll. Ms Hirai: Yes, sir. i The following resolutions were introduced by Commissioner Dawkins, who - moved their adoption: RESOLUTION NO. 91-4712 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE A CITY CHARTER AMENDMENT TO, THEREBY ELIMINATE. THE REQUIREMENT THAT THE TITLE TO EACH PROPOSED ORDINANCE BE READ ALOUD PRIOR TO ITS INITIAL CONSIDERATION BY THE CITY COMMISSION WHICH AMENDMENT SHALL ALSO PROVIDE ;. THAT THE CITY'S PRACTICE OF HAVING THE TITLE TO j PROPOSEDORDINANCES READ ALOUD UPON THEIR INITIAL CONSIDERATION SHALL CONTINUE ONLY FORSO LONG AS STATE LAW REQUIRES THAT SUCH READING TAKE PLACE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) :t r RESOLUTION NO. 91-472,1 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE A CITY CHARTER AMENDMENT TO THEREBY ENABLE THE CITY COMMISSION TO GRANT BY ORDINANCE SUBPOENA POWER TO SUCH BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION AS THE COMMISSION MAY DEEM APPROPRIATE. s f ( 215 ,Tune 241 1991 �• Here follows body of resolution, omitted here and on ile in the Office Of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolutions were passed - and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins r Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez r NOES: None. ABSENT: None. ------------------------------------- -1-- ------ --------ice----- ------ ---- --- k� 75. DIRECT ADMINISTRATION TO DESIGNATE STAFF PERSON TO ATTEND DADE COUNTY COMMISSION MEETINGS AND REPORT BACK ON MATTERS IMPACTING ON THE CITY DIRECT ADMINISTRATION TO REQUEST COPIES OF ALL COUNTY COMMISSION AGENDAS. 1 i --------------------- ------ --------------------------------------------------- Mayor Suarez: PZ-1. i Vice Mayor Plummer: Mr. Mayor... Mayor Suarez: Yes, Vice Mayor. Vice Mayor Plummer: Because we're about ready, to close this agenda- right? Mr. Mayor,.I think it.is very important that the administration designate one individual who will go and sit at County Commission meetings. As I watch the cable -,of their Commission meetings, there are a lot of things that involve the City of Miami that we never find out about until after it's a fact and done and over: with. And I think that if we had a: designated representative at _ those meetings, from the administration of the City, that we would know about; these things when they come up on a first reading, -that we would be able to address them if'we want to or we don't want to. But I'm very concerned in this area right now that they're discussing back and forth of how these01. districts are going to be;drawn_for the Charter change. It could... you know, =< if they, for example, I can envision that they could take the City of Miami. and they could either do one disastrous thing by making it one district, or they could, in fact, make five different districts in the City of Miami, and completely: split up what is trying to be accomplished. So I would ask; in a motion -that the administration designate one -individual who would go to those County Commission meetings and report back to this Commission any matters that are of importance to the City of Miami. And I think it's-very`importaftwe do 't that. Commissioner Dawkins: I'd like to amend your motion, J.L., to ,say that we also have the County send us the agenda where if a Commissioner felt:the urge to be there, that we could look at the agenda and govern ourself accordingly.= ' Vice Mayor Plummer: y Well, you see, the County... I have no problem with that, theCounty usesa different system than we do. The County on first reading of any item is perfunctory. It's just a matter of getting it on. Their- public hearing ; and input is on the -second reading. So if we had someone there at 5 those meetings, when they bring up these first reading items, we could, in fact, know: and :if we want to appear, 'object or approve of a certain tAtem, we t*w can be present on the second reading. So that's why I think it's important that the City be represented at those meetings,- Mayor Suarez; OK very good. Do wneed y yoe g_ _ e d a formal motion on that? I don't think we dot.Mr. City_Manager? Mr. Sergio Rodriguez; That's OK. I understand,; 6 �n _ uM 216 June 20, 1"1 F r 7 fl s; a arcisl; EA ) 7 p ;2Ak 'RvY4k 5d' 3{5 73r ipi�."/L-Ak WN [NOTES AT THIS POINTt THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. rrrrrwra.arwww.ararwwwwwwwwrwwr---- r— war` -------------------------- r— -------r.--------wwr ,v w- 76. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 1000 F_ N.W. 1 AVENUE FROM R-4 MULTIFAMILY RESIDENTIAL TO SD-16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT (Applicant: Darrel Zbar). Mayor Suarez: PZ-1. Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, members of the Commission, is a - second reading zoning atlas amendment... i Vice Mayor Plummer: Wait a minute. Mr. Mayor, for legal I think you have to adjourn the first meeting, and reconvene. Mayor Suarez: We are hereby adjourned as regular agenda, and convened as planning and zoning. Mr'. Jorge Fernandez: Subject to coming back at 5:00. - Mayor Suarez: Yes, and we might just adjourn later on to handle that one item. Is there anyone that wishes to be heard on item PZ-1 in opposition to the application? This is a second reading? E Commissioner Alonso: Yes. Mayor Suarez: OK. Do we need to hear anything further? Can we just... s Mr. Olmedillo: Nothing. There was a cash bond which was ,proffered voluntarily by the applicant. ` Mayor Suarez: $2,500, I see. Mr. Olmedill'o: Yes, sir. -Mayor: Suarez: It's a very nice gift. Anything that we need to hear? r - Counselor, are you OK? Do we need to hear from you? Lucia Dougherty, Es .:, No I just have the band, and we have execute an escrow, agremenfor the City to hold the money, and I have the check right here. y Mayor Suarez: OK, great. All right, I'll entertain a motion on the item. f r Commissioner Alonso: OK, so move. Mayor Suarez: Moved. 5 Commissioner De Yurre: Second. =r. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Vice Mayor Plummer: It's fully understood what that bond is for and the time f: frame involved, s Mr. Olmedilla: Six months to pull..a building permit, Vice Mayor Plummer: As long as it's understood, Mayor Suarez: Call the roll, 217 June 20 4, t i4 r AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO, 110009 AS AMENDED, THE 20NING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE 20NING CLASSIFICATION FROM R-4 MULTIFAMILY RESIDENTIAL TO SD- 16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1000 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 32, 33, 40, 41, AND 489 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 PAGE 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 23, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre - Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10892. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 77. SECOND READING 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: Mayor, members of the Commission, item PZ-2 is a Planning Department proposal on N.W. 36th Street to rezone the property to C-2 which traditionally has been... Mayor Suarez: Does anyone wish to be heard on this item? Let the record reflect no one stepped forward. This is our ow6 item. Yes? Vine Mayor, Vice Mayor Plummer: Under the comments, the administration was charged with looking into the parking situation prior to the second reading. What did the administration find in looking into that parking situation? , Mr. McManus: Commissioner, we've appended a memo, and I think it's appended back in item PZ... r, Mr. Sergio Rodriguez: Thirteen. Mr. McManus: ...thirteen. And what the memo does, it describes five s` scenarios basically for discussion. The first one would be to Citywide and all C-2 zoning districts, to prohibit applications for variances for parking Citywide. The second scenario is to take selected areas, say along 36th Street, specific districts, and in those specific districts apply an overlay district over C-2 and again prohibit applications for variances for off street parking. The third proposal would be to make use of the $Dr12 buffer ovcriay district, which we have several places within the City. That is applied over 218 June 201 1991 i q 4 "` TLf lrKEAk 3f immix the residential districts behind C-2, and it would give the property owner of the commercial frontage the opportunity of coming before this Commission under a special exception, and applying for the use of the back property for his off street parking. The fourth scenario is basically the status quo, and the fifth scenario is the proposal, has been to some discussion with the Off - Street Parking Department, of if a person, a property owner, in C-2 were successful in getting a parking variance, he would then pay into an escrow account of the Off -Street Parking Department an amount equal to, on a per space basis, an amount equal to the cost ithat the Off -Street Parking Department would have in developing off street parking. And we'd had some numbers in there, $1,000 to $2,000 for surface parking, $8,000 to $10,000 for structured parking. Again, these are all discussion items, and I think that was the general direction given us to come back and just describe these ri generally and then see if you, Commission, want to take it up further. Commissioner Alonso: We will have then to make a selection at this particular time, of what type of solution we want to find. If we decide that is an overlay for parking, or what will be the best recommendation from the — administration what it should be done in an area like this. Mr. Rodriguez: I think you have the five choices that we're proposing to you. In this particular case, you might want to instruct us specifically if one of them... one of them is the status quo, you know. One of them, which one would you like us to follow? Commissioner Alonso: Right now, if they are going to build something new, they would have to provide the parking. Mr. Rodriguez: Right. Commissioner Alonso: Right? Mr. McManus: Yes. Commissioner Alonso: And then the rest of the situation is with the existing properties. And whatever means have existed before, because they are grandfathered in the situation that they are. Mr. McManus: Commissioner, if the new owner coming in can make use of the former certificate of occupancy. But if, for example, a restaurant is moving into,a retail situation, very likely the zoning administrator will say this is a new use coming in, you're going to have to provide for the parking to match the restaurant use. Whereas, the retail situation might not have had the required parking. - commissioner Alonso: I see. Mr. McManus: Commissioner, I think, Comm.... Vice Mayor Plummer: Well, what are you doing in this particular case? Mr. McManus: Well, I think Commissioner Dawkins concern was that for 'a s businesperson coming in, and looking at an existing building without the required parking,his first move then would be tocome before the Zoning Board for a"variance for the off site parking for the off street parking,.and then there wasn't any guarantee on this. vice Mayor Plummer: Joe, I understand that, but what are we doing in this If we approve this in this change, what are we doing in this particular given location application to address the parking? Now, you've given us five options. Are we going to apply one of the options, we're not going to apply 3 one of the options? What are we going to do in this particular..,.? Because I'm not going to sit here and vote to change this without knowing what's going Y to happen for parking. Because once you change'it to a C-2, those people are going to build out as much as they can build out. And that's understandable. But you've got to tell me what are we going.., which option, if any, are we doing to apply to this given location to address the parking problem? Mr. McManus; Commissioner.,.. :R Commissioner Alonso; But if they build, they will have to comply by,pxisting regulations. 219 June 209 1991 � Rif VM 4 -g. .......... Mr, Rodriguez-. They have to comply. And if, by any reasono they cannot comply* the choice that they will have, it to Come before you And Ask for A change of toning in the pr6petty behind them if they Want to extend into the residential area. Otherwise, the option that might be available will be that we establish a buffer 20he behind them like we have done in other parts of the City, Sb-12 and we have to... that will be another step. Vice Mayor Plummer. I don't disagree with that. Mt. Rodriguez: OK. So... Vice Mayor Plummer: OK? But I think that you've got to apply in this given situation, one of the options to say that, hey, we are not going to continue... because I... to continue to change the zoning in a residential area is wrong, in my estimation, to benefit commercial. OK? Now, if in fact, you are going to say, hey, that in this particular application, we will allow them to come in for a conditional use of parking into the residential areal then I can accept that. But to say, hey, we are going to approve this without one of the options, I don't think we have accomplished anything. Mr. Rodriguez: My recommendation will be at this point that you approve this, and whoever comes at this point, will have to follow the existing requirements. In the meantime, you might direct us to come back to you with an SD-12 buffer zone between this commercial zone and the residential area. In that way, you have the best of both worlds. Vice Mayor Plummer: It seems proper to me that you do them together. Mr. Rodriguez: Well, if you don't want at the same time, you know, whomever has to come now and wants to provide, come under this zoning category, they will have to comply with the zoning ordinance. And in this time... that way, if there is by any chance, anybody that might want to apply now, you are not delaying that possible process. And there is no negative effect on the community, because they have to comply with the ordinance, or else they will have to ask for a variance. Vice Mayor,Plummer: OK. I understand. Mayor Suarez: There are no objectors. OK. I'll entertain a motion. Commissioner Dawkins: Let me ask my question again.. Thirty-six street is the artery to the airport. There is a lot of heavy traffic on 36th Street.-- Where you are planning to make these changes is close to the airport. What happens when they, as J.L. Plummer said, the guy bills out, and in order to get deliveries at his business, the truck has to double park on 36th Street? And on the other side of... on the north side of 36th Street, there is another store, or business receiving a delivery, and the truck double parks there, so we've got two trucks double parked in two lanes of traffic on busy 36th Street what happens? r. Mr. Rodriguez: Well basically, if there were to be any new project that will be coming to this area under the zoning that you have in front of you they will have to comply with the existing ordinance, and they will have to provide the amount of loading and parking spaces that are required under the law. if they don't have anything ... if they cannot comply with this either they wil:l me, he has got to comply with the ordinance. The gentleman comes in, or lady, or whomever, buys the property as is, puts up a business, got no parking, and then you tell the individual, it has to comply with an ordinance, that cannot produce parking. You see, you are being unfair to the individual who makes the investment in my opinion. You know, we all know there is..4, those businesses that are on 36th Street were out there prior to the heavy traffic, prior to the big automobiles, prior to the double trailers that will come in delivery, so they are there. Whatever you are going to do, Mr... you're going to grandfather it in. So say that. So that the people who live around there t= will know that they may have a double trailer parked in front of their house, on 35th Street, on 37th Street, waiting to get around on 36th Street, to try to unload. Mr. Rodriguez: Well, again Commissioner... Commissioner Dawkins: All right, what's your recommendation? Mr. Rodriguez: Our recommendation that we have, is that you approve the } zoning change and that you instruct the staff to come back with recommendation for a buffer zone on the north part of the property that will allow future parking in the area, and I will surface a buffer between the commercial area and the residential area. Mayor Suarez: Can that be done? Commissioner Dawkins: What happens to the people on the south side of 36th Street, if you are just going to only put a buffer on the north side of 36th Street? There are homes on the south side of 36th Street. Mr. Rodriguez: Because the zoning that is before you today is only for the north side. Vice Mayor Plummer: That's correct. Mayor Suarez: Only changing on the north. _ ? Mr. Rodriguez: That's why. If there were to be any zoning... Commissioner Dawkins: OK. So therefore... -- Mayor Suarez: The street is a buffer for the south side. Commissloner.Dawkins: ... nobody will be able to buy a -business and expand on the south side of 36th Street? Is that what you are telling me? Mr. Rodriguez: Well, what we can... 4 g, Commissioner Dawkins: Beg pardon? # Vice Mayor Plummer: Well, it's C-2 now. Mr. Rodriguez: Yes. What we can do if... Vice Mayor Plummer: It's basically already C-2. Mr. Rodriguez; What we can do, I guess... I see the point you are making. We can bring then, an overlay district for the south side of the 36th area behind or south of the C-2 zoning district, and then it will be before you for your �$ L consideration. t Commissioner Dawkins: Thank you. , Mayor Suarez: OK. With all those understandings and instructions, I entertain a motion on item PZ-2, second reading. So moved. Commissioner Alonso: Yes.x Vice Mayor Plummer Second. - s = Mayor Suarez: Second. Any discussion? If not, please read the ordinance. Call the roll. 221 June F rM� fd S tad:. AN ORDINANCE Nl't 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 CLASSIFICATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2001-2193 NORTHWEST 36TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL AND C-1 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 PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 23, 101, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10893. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 78. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION 'AT 3710-3780 N.W. 22 AVENUE FROM C-1 RESTRICTED COMMERCIAL TO C-2`LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.).------------------------------------------------------------------------------ } Mayor Suarez: Item PZ.., Vice Mayor Plummer: Commissioner Alonso: Mayor Suarez:. Three. It's basically companion. i Three. Companion item. Mr. McManus Yes. It's just around the corner there. Commissioner Alonso: It's around the corner. Mr. McManus: Basically the same situation. Vice Mayor Plummer: Move it. i Mayor Suarez: Moved. ' Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion: If not, please read the ordinance. Vice Mayor Plummer: Call the roll. 222 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3710-3780 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-1 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 PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 23, 1991, was - taken up for its second and final reading by title and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSTAINED: Mayor Xavier L. Suarez. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10894. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 79. CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF PRIVATE ROADWAY IN TRACT C OF CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND (Tentative Plat No. 1399 - Claughton Island). ------------------------------------------------------------------------------ Vice Mayor Plummer: Item 5 and for the record, show the Mayor abstaining on items 5 and 6. Item 5 is the street and alley closure on Claughton Island. Commissioner Dawkins: I spoke with Mr. Claughton. I am no longer concerned. He is going to make adjustments later on. I move it. Vice Mayor Plummer: Moved by Commissioner Dawkins. Seconded by De Yurre. Commissioner Alonso: Yes. Is there any discussion? Mr. Claughton, you wish to say anything? Mr. Ed Claughton Only for the record, to make an appearance. If the record would reflect that my name is Ed Claughton, I represent the applicant on both item number 5 and 6, and I apologize to the -Commissioner for not being here at your May 23rd - I've already apologized to some of you. I should have been here, but I was out of town, I got back in that night - too late to appear before you, and I believe that it was simply an oversight on the part of the Commission that we were delayed four weeks to today, and I apologize for not being here. Vice Mayor Plummer: Call the roll. I- i i 223 June 20, 1991 ((L I i WAS introduced by 06MMissinner Dawkins, who RESOLUTION NO. 91=473 A RESOLUTION, WITH ATTACHMENT, OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF THE PRIVATE ROADWAY LOCATED IN TRACT C OF CLAUGHTON SUBDIVISION OF CLAUGHTON ISLAND, MIAMI, FLORIDA, AS RECORDED IN PLAT BOOK 133 AT PAGE 16 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,$ SAID CLOSURE, ABANDONMENT AND DISCONTINUANCE BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1399 - "CLAUGHTON ISLAND". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSTAINED: Mayor Xavier L. Suarez. ABSENT: None. i -------------------------------------------------------------------------- -- 80. ACCEPT PLAT: FIRST ADDITION TO CLAUGHTON SUBDIVISION ON CLAUGHTON i ISLAND. - ------------------------------------------------------------------------- -- Vice Mayor Plummer: Item 6, is a plat... Commissioner Dawkins: Move 6.— Commissioner De Yurre: Second, Vice Mayor Plummer: Moved by Dawkins, seconded by De Yurre. Anyone wishing - to discuss the item? Call the roll. .The following resolution was introduced by Commissioner Dawkins, who moved its adoption: - RESOLUTION NO. 91-474 - A RESOLUTION, WITH ATTACHMENTS, ACCEPTING. THE PLAT '} ENTITLED "FIRST' ADDITION TO CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND" A SUBDIVISION IN'THE CITY OF MIAMI> �. SUBJECT TO. ALL OF THE CONDITIONS OF THE: PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN`' ON SAID PLAT; AUTHORIZING AND DIRECTING -THE CITY MANAGER TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA. (Here follows body of resolution, omitted here.and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was, passeol and adopted by the following vote: »t, 224 June zoo to fGt4 iP MR t _ I, v: W31 CMftissioner, Victer Ce Yurre CoMissioNer Miller' J. bewkins Commissioner Miriam Alonso Vice Mayor J. L, Plummer, Jr. NOES: None. ABSTAINED., Mayor Xavier L. Suarez. ABSENT: None. I . iwrYrr.nia.r aYf�riarrr Y.rarr—`r fla+::i.ti:----r.rir----ia----rircar- ---------------Y�c. ,- 81. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO CLOSE PORTIONS OF N.W. 37 AND 38 STREETS, 18 AVENUE, AND N=S ALLEY EAST > OF N.W. 19.AVENUE (Tentative Plat No. 1386-A: Miami Jackson High School) (Applicant: Dade County School Board). (Continued to July 25th.) --.--------------------_-----------------------^_-----------__---_-----_:...:.�. Vice Mayor Plummer: Item 7. Mr. City Manager. Mr. Rodriguez: Yes, sir. Vice Mayor Plummer: Once again, I am extremely upset, unless you tell me this item was not to come back on an agenda until the matter was resolved. And here again, in defiance of the request of this Commission, this matter is back on an agenda. Mr. Rodriguez: Yes, sir. Vice Mayor Plummer: Now, I will not criticize you if you tell me that they have written you a check for what we are told, is approximately property worth three million dollars ($3,000,000) or some other negotiation. Mr .'Rodriguez: OK. I understand that the City Manager, Odio,`met with.Mr. } Viciedo - and subsequent to that, they were... members of the,, school; board's administration were trying to meet -,with each one of the Commissioner's;to explain to them the situation they have and so on. There are members hereof the school board's administration 'that if you want to, can address you, on that. NF Vice Mayor Plummer: Has the matter been... what have they offered to this City'taxpayers who own that property,�in return for giving up that property?' ; K 'Mr. Michael A. Levine: I am Michael Levine with Dade County of Public Schools'. The only response I can offer, I think directed, to that :one particular point is that, the use of that property for which we are asking and have it returned. to the school board, will be serving the same "citizens of Miami, and their children.- Vice, Mayor :Plummer: Look, that's inadequate, sir. It's almost`as.`.. you {° know, not you personally, it's an insult to my intelligence. You are asking } the taxpayers of this City to give up three million dollars ($3,000,000) of property, and that's what I am°using.as the number that>has been determined'Zby ' Dr. Prieto. Now, you have the same taxing ability as'we have -you have=ten a. mills. You have just recently -passed a billion dollar bond =issue.. ..I am' saying>to you, -that you give to us something in return for the acquiring of City property valued at approximately three million dollars am not asking for cash, even though, that would be Ahe;most'desirable°ahing. 1 am asking you:.,:<I asked :that you`take over the school resource; offipers - you don't --want to do,that. I am going to ask myl,colleagues,once again that; unless we get, something in return to our. taxpayersthat this matter be f deferred, and not come back on an agenda until such time as they are willing �s to: -give us something for taking something.. Now we have established that policy with Metro. We've told Metro, we will no longer give you somethin without getting something in return. We got five million dollars ($6,000,0001 , from the County for selling the property around the porn, so that they could port entrance. I don't think that it is fair to my taxpayers to give op property that they have in value without getting something in retur_rl. i donut know how my colleagues feel. 225 June 201 190 r .�YMI••°YG?t -- t 4SY�2� :y� f� r y .t`r',i x� r°='Yt4f1 -Mv,1 fi. Aiwk Comissioner Al�nsot Commissioner, I have gone along with, I previous occasions. Mr. Levinet Three. Commissioner Alonso Three? I agree in principle with what you are saying', f but in the same time, our students, our children, might suffer as a result of our insistence in demanding certain amount of cooperation from the school system. I think that perhaps what we should do, is in good faith, pass this item in front of us. I personally have an appointment with Mr. Viciedo in the next few days. I will be happy to go there and express to him, the need of the City of Miami to have better cooperation in things of this nature as to accept the position of this board, in reference to a change of land, programs, getting better things happening in our school system. I for one, I am going to present to him a plan by which I feel very strongly, that we can get better programs happening in our schools in the City of Miami, and perhaps, that's what we will be able to receive in exchange. I think it's... at least, for this Commissioner, it's very difficult for me to continue to vote against something that I know is going to delay the construction of a school which our own children are going to attend. So I think it will be wise if we reconsider our position and we allow this item, and convey our position to them and see what kind of working relationship we can develop of these. We have made our point I think, in a very strong way, but I don't know 1f it's right for us to continue to delay the construction of this. Vice Mayor Plummer: Miriam, if I may respond. The delay is on their part. We are willing to negotiate anything. I've said that from the very beginning. Their delay in offering anything to this City in return for three million dollars ($3,000,000) worth of property, is their delay. They have not done one offer. They have not offered this City one thing for three million dollars ($3,000,000) worth of property. Mayor Suarez: J.L., they are not a private party, they are governmental entity trying to carry out the functions... s Vice Mayor Plummer: Excuse me. Mr. Mayor, I agree with you, but as I said prior, they have the ability to tax ten mills as we do, they just passed a billion dollar bond issue to buy and acquire property, and I think my people in the City of Miami are entitled to something in return. It can be a building, I asked them to pick up the School Resource Officer's program, which we are expending almost thirty policemen and eight hundred thousand dollars ($800,000) a year. Mayor Suarez: Did you see the reply of the superintendent on the total expenditure, or by the school system, on security?' s Vice Mayor Plummer: Basically, they won't give us anything back* Mayor Suarez: Their calculation is that they spend about fourteen million fr dollars ($14,000,000) a year on security,, which conceivably, I don't think they are intending to do this. They could say, we want to pass this on to the municipalities, to municipality governments. It's not an essential function of the school system. Vice Mayor Plummer: Here again, you see, I agree with you. OK? When they established their security, you know how they did it? They came and took thirty-nine of our policemen from the City of Miami, paid them a thousand dollars more than we did, and we paid to put them through the academy and make them seasoned officers. And that's how they established their so called,' security patrol. I am saying that my taxpayers are entitled to something. It is three million dollars ($3,000,000) worth of property, and yet, they Jost have stoned -walled and played it close to the chest, that they are not going to give us anything, and they are going to take the property. Mayor Suarez: Let me tell you one other thing. Vice Mayor Plummer: I think that is just absolutely an insult to tine taxpayers. Mayor Suarez: As a practical matter, I went the other day to Jackson for n another purpose, and I took a left off of 17th Avenue, and construction was j taking place, and everything was kind of chaotic, but there is such a lack of a } 226 June 20, I991 4 r�2b� f r�,P•R Y +� I almost got ki1led taking a left turn. I Made a Commitment that I was going to take a left turn, and I saw that part of the road where had to be blocked, and there was a huge truck that was coming in the opposite direction, I mean,. they've got a real space problem. Let's solve that as Commissioner Albhso stated, and then we can continue to argue with them on allocation of y'9 resources. The kids there really need it and they are our kids, they are in our City,r Commissioner Alonso: Mr. Mayor, all I am saying to you, I've been around I guess too long. We tried that with Metropolitan Dade County. LL Mayor Suarez: I'm not going to touch that with a ten foot pole. Vice Mayor Plummer: OK? No, OK. We tried that with Dade County, to try to be nice guys and negotiate with Dade County, and you know what, it didn't work. And as long as they take... Mayor Suarez: But Dade County has similar functions to us. Commissioner Alonso: I see it a little bit different. Mayor Suarez: Yes. They have similar functions to us, they don't take as into account often, the school board has a totally different function. Whether they carry it out as well as they should or not, we could give them input on that. I think, as a result of this, we are going to be giving them a ' lot of input, as Commissioner Alonso said. Vice Mayor Plummer: I've made my point. Commissioner De Yurre: Yes, but there is a difference concept here, Mr. Mayor, and that is that, and if you read our agenda, it says here "Comments. City Manager to meet with the Superintendent of Dade County Public Schools — prior to scheduling on City Commission agenda." That was a directive from us back on May 23rd; and here we are. Vice Mayor Plummer: It keeps coming back. Commissioner De Yurre: And do you have something to report to us?_ Mr. Rodriguez: :Yes. as I mentioned before, the Manager did meet with Mr. Viciedo. Commissioner De Yurre: And? Mr. Rodriguez: And Mr. Viciedo then agreed with the Manager that he was going — to address each one of you through the school administration, individually.: ' Vice Mayor Plummer: Their answer was no. Commissioner Dawkins: That was not the directive for the Manager. The Manager was to:go over there and get something in return for the land. That was the directions to him. Vice Mayor Plummer: Exactly. f Vice Mayor Plummer: He was not to come back and tell... and put the monkey on me. V:iciedo's back saying, you go and see the -Commissioners. The Manager-.-.'WAS h supposed -.to. get something and bring it back, or come back and tell_ us, Z � } couldn't get nothing. #� Vice Mayor Plummer: Wouldn't it be nice if we took and put that three million dollars ($3,000,000) worth of property up for sate and got it in the tax r status? 3 Commissioner Dawkins: No, you can't. Commissioner De Yurre: What I would move at this time, Mr. Mayor, is, to appoint J-L. to meet with Viciedo, and to deal directly with this issue. . , 1 Vice Mayor Plummer: I have no objections to that. 227 June, Y' t t — +£ Y�K^$3i:F`� i�n.t rZ Cssioner Do Yurre:I'd snake that in the form of a motion and t bring°it back in the July meeting, to we can resolve it one way or another. " vice Mayor Plummer: I'd be glad to do it. Mayor Suarez: All right. I do have to say, when the Commission Asked'me't+� write to the School Superintendent, I did that, and we did get a reply and I've submitted to each one of you the reply of the Superintendent, $o if you _ want to try the Vice Mayor, why not? Ms. Virginia Rosen: Mayor Suarez, I am Virginia Rosen and representing bade Public County Public... Vice'Mayor Plummer: Did you say, Mayor Clark? Ms. Rosen: No, sir, I did not. Commissioner Alonsos No, said Suarez. Vice Mayor Plummer: Ohl All right. Ms. Rosen: Dade County Public Schools in the City of Miami. Residence, 1717 North Bayshore Drive, PHD-54, so I am a taxpayer of the City of Miami, and have been for several years now. And I think that... I have met with several Commissioners over the last week, and would be happy to meet with any others to discuss the full extent of the building program in the City of Miami: And we did not realize, to be truthful with you, until we began to set down with individual Commissioners, the extent of our building program within the municipality of the City of Miami. We went over the projects that are currently active projects There are five active major rojects th 4- 0 p a we are dealing with, three of which are new schools. But in addition to those three new schools, we have three additional schools that we have not yet begun to work on that ewe will be coming back to discuss with the City at a future time. And, we are giving the City of Miami a great deal. I agree... Vice Mayor Plummer: No, no, no. I'm sorry, I can't accept that. Remember, you're not giving us anything. That bond issue is partially being paid for by the citizens of this City. s. Rosen: A11.citizens... t Vice Mayor Plummer: OK? Ms. Rosen: You are, I am, people who live in unincorporated `areas taxpayer, on an unincorporated area, I am also paying for it, we are also 1. each of us, paying for it, who pays property taxes in Dade County. Vice Mayor Plummeri You are giving`" us the right to pay` for 'it. -That"s what you are 'giving.z Ms. Rosen: And those funds are being distributed throughout the County. The t �Y� City of Miami is an area that is receiving a very large share of those funds, Vice Mayor Plummer: We should. We are paying a large portion of the tax. '4}` Ms. Rosen: And the reason for that is, because there are many needs here, and we are trying to meet those needs in terms of improving the e*istipg facilities, in terms of creating new facilities, and I think those of you who v are familiar with those facilities realize that they are going to do a`great v` deal to help to revitalize the City of Miami. And in order for us to do that and to meet our commitment in terms of providing those schools to`citizens.—on a timely basis, there is some cooperation that we need from City from you, in terms of certain very basic things. Some of those things involve street 228 June 20 1 z ' j t� tt ��n�ayfk" y s ; sa?'� maw - t f '. closures It happens that at Jackson - Jackson is not critical te'the `j construction that is there. It is a matter of where there is a security issue. We are not planning on doing any construction directly on those areas that are areas where there are street closures involved, because we did not R have that permission for that particular property. Out it is a situation where we will improve the security, where we will put fact and legal reality together, which they have not been over a number of years. If you visited that property, you know, that in order for us to maintain that property is to secure facility for the students who go there during the day, and for the adults who go there at night. It is necessary for us to block those streets. And I think it's something that you would want us to do. We need your cooperation in order to be able to do that... Mayor Suarez: What, Commissioners?... `. Ms. Rosen: ... and that's what we are... this is something that we do, not ; only with City of Miami, but with every other governmental agency, and we do need your help in this matter. Mayor Suarez: What Commissioners did you meet with? Ms. Rosen: We met with Ms. Alonso, we met... Mayor Suarez: You already had der vote. f Ms. Rosen: We met with Mr. De Yurre. Mr. Plummer said that he would meet with us next... Mayor Suarez: What were Commissioner De Yurre's concerns? Ms. Rosen: .Pardon? Mayor Suarez: What were Commissioner De Yurre's concerns. Ms. Rosen: He did not express any concerns. i- I Commissioner De Yurre: No. I have no problem with what they are trying to �- do, but... ' Vice Mayor Plummer: No. I don't either. I have no problem with what they are trying to do. I think it is a good thing, and it should be done. Mayor Suarez: I was giving a little trial here to see if the messages got k. through that what their concerns may have been, because sometimes youmeet, and... Ms. Rosen: We did not have any concerns. Ms. Alonso was verysupportive, Mr. De Yurre indicated... Mayor ,Suarez: I didn't ask about your concerns, Dr. Rosen, I asked about their concerns. -What would...? Ms Rosen:. I mean, their concerns. She had a concern about Shenandoah, which I have already taken care of. Mayor -Suarez: She is voting for you. I mean, she is going to add some concerns as I would, because we always have some more concerns. Commissioner De Yurre's concerns, what were his concerns? .; T h1i Ms Rosen: He did not express any concerns when he met with us; Mayor Suarez: He was asleep that day., ,r Commissioner De Yurre: Not at all. Ms Rosen: He said, we had his support. Vice Mayor Plummer; You're bad. Commissioner De Yurre: And I like the project. I've got no 'problem with'the project 71 2�9 June 1991 kF�v`ht, Vito Mayon pluert Neither de I* I think it's a good thing. I think it shddld be done. Mayor-5uaret: Some concerns are not being addressed up here, it looks like a three to two vote. I mean, I hate to have this... Vice Mayor Plummer: If this property was owned by the private sector, they would have to purchase it. And only because it's owned by the City of Miami, they think that we should give it for free. I don't agree. All I'm saying i s... Mayor Suarez: If this property was owned by the private sector. Vice Mayor Plummer: They would have had to pay for it. Mayor Suarez: That's an interesting hypothetical argument that has no bearing T- whatsoever on this, but I have to admit, it's creative. If this was privately owned. It isn't, it's owned by another government that doesn't have any use for it except in a compatible way to what they want, so why should we expect any compensation from another government that is asking our same people, and that... as to this item, at least, it's doing a good job. I don't understand it. Anyhow. Commissioners, there is a suggestion - it doesn't... Commissioner De Yurre: I got a motion on the floor that J.L. meet with Viciedo and see what he can work out. Mayor Suarez: Continue the item pending a meeting between Vice Mayor Plummer and the school system, school board, school board chairman, et cetera - superintendent. Vice Mayor Plummer: I'll be happy to. Mr. Rodriguez: Continued to July 25th? Mayor Suarez: So moved, and seconded by Commissioner Plummer I guess, or maybe, Commissioner Dawkins would be more appropriate, since _Vice. Mayor Plummer is part of the motion. Second? Any discussion? If not, please call the roll. Commissioner Dawkins: Under discussion. w Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: You know, I could follow everything that is: being said if I could explain to the voters why,I helped the school board sell a'biliion dollar bond. issue that was supposed_ to address our needs. Then .the ;;school board turned right around and raised the school board taxes on top of the billion dollar bond. You see, that's hard for me to swallow. But yet, they come back and say... and as J`.L.`said, if it was privately owned, they would have no problem paying for it. But I am going to say here now, whatever streets,that need closing for Northwestern, we will be closed. But whatever you>all,come up with on Jackson, I'm going to let you do that, but we have to close a street for Jackson, I mean, Northwestern, I will get out there some time.next.week and find out what street it -is, and then if J.L wants to be paid for that, then I don't know, but somewhere along the lines,the school board must explain to the voters for me, how they passed a billion dollar bond issue, and then had to come back and tax me again, and then... for what? And that's all I have to say. r Mayor Suarez: A°lot of damage was done by the passing of... not.the passing z of the bond issue doctor, but the failure then in the appointment of a committee to oversee it, to consult any of us. I also, like Commissioner Dawkins, supported it, and then I saw a committee named. And I've never seen Sy a committee with so many names that I didn't recognize. It's unfortunate, ' because I wasn't consulted on it, even though, - gave a lot of support to that bond issue. Anyhow, that would have created a little bit more feeling of cooperation, to use your term, between our two jurisdictions, but let's hope that it can be resolved through the intervention of Vice Mayor Plummer. Commissioner Dawkins: And Plummer will meet with Viciedo, I'll meet with Bill Turner and see what we can come up with. —�} 230 June 20, 1991 t... tax ytlitir�' i4 y x ;G5; L Fi Mayor suarel: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: M OTION NO. 91-476 A MOTION TO CONTINUE TO THE JULY 259 1991 MEETING AGENDA ITEM PZ-7 (PROPOSED RESOLUTION TO CLOSE PORTIONS OF N.W. 37 AND 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES; A PORTION OF 18 AVENUE BETWEEN 36 AND 39 STREETS; AND NORTH SOUTH ALLEY LYING PLUS OR MINUS 126 FEET EAST OF N.W. 19 AVENUE BETWEEN N.W. 38 AND 39 STREETS TENTATIVE PLAT "MIAMI JACKSON HIGH SCHOOL") IN ORDER THAT VICE MAYOR PLUMMER (AS THE CITY'S REPRESENTATIVE) MAY HAVE THE OPPORTUNITY TO MEET WITH MR. OCTAVIO VICIEDO, SUPERINTENDENT, DADE COUNTY SCHOOL BOARD, AND SO THAT COMMISSIONER DAWKINS MAY HAVE THE OPPORTUNITY TO MEET WITH MR. BILL TURNER, OF THE DADE COUNTY SCHOOL BOARD. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I will vote no, because this will continue to delay this item, and in all conscience, I cannot continue to delay this. Mayor Suarez: I'll vote no for the same symbolic reason, although I understandthis may get us out of the quandary that we are in - the impasse. 82. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 121-199 N.W. 34 TERRACE FROM C-2 LIBERAL COMMERCIAL AND R-2 TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION. (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------- Mayor Suarez: PZ-8. Second reading Zoning Atlas amendment to Ordinance 1100. This is a Planning Building and Zoning Department approval 9 to 0 of the Planning Advisory Board. Does anyone wish to be heard against this item? Let the record reflect no one stepped forward. I'll entertain a motion. Vice Mayor Plummer: It's an appeal, Mr. Mayor. 4R Mro Rodriguez: No. PZ-8 it is a change of zoning. Commissioner Alonso: It's a change of zoning. Roberto Clemente, right? Vice Mayor Plummer: Wait a minute. I'm sorry. Commissioner Alonso: I so move. Mayor Suarez: So moved by Commissioner Atonso, Commissioner Alonso: Yes. Vice Mayor Plummer: I'm on the wrong item. 231 June 20, 1991 he is sorry, Mayor Suarez: Yesb Mr. Maxwell: The record needs to be clarified. I think staff needs to snake some comments concerning... Mayor Suarez: Yes, please go ahead, John. Mr. John Lefley: John Lefley, representing the Planning Division. Because the plat has not going to the Zoning Board yet, it is necessary to make a few` minor changes in the proposed ordinance. In the heading, beginning line six from the bottom, which reads "Residential to PR Parks and Recreation and C-r2 Liberal Commercial" the words, "and C-2 Liberal Commercial" should be deleted. Down in the body of the ordinance, going to paragraph four, line five, "beginning and recreation" the words "and C-2 Liberal Commercial" should also be deleted. On page... Commissioner Dawkins: What page are you reading on? Mr. Lefley:From the proposed... Commissioner Dawkins: Seven or eight. Mr. Rodriguez: 'Page seven. Commissioner Dawkins: You're reading from page seven? OK, go ahead. Mr. Lefley: Page seven, yes. On page eight, line one, (Tape 16) the number 1154`.5 feet" i s changed from previous versions which listed the distance from the east 'right-of-way, at 50 feet. Those are the only change... Commissioner Dawkins: That's changed to 50 feet? Mr. Lefley: The correct figure is 54.5, which is in your copy: Commissioner'Dawkins': The correct figure is 54.5-or 50.05? Mr. Lefley: Fifty-four point five is the correct figure.` Commissioner Dawkins: Well that's what's here, on my... Mr. Maxwell: Yes. That change has been made for you. He is pointing it out for you. Mr. Lefley: Yes, but I was told previous figure had been 50 feet. Commissioner Dawkins: Ohl Vice Mayor Plummer: Is that it? to bring it to your attention that the Mr. Lefley: That's 1t. Mayor Suarez: OK. I'll entertain a motion already? Do we have a second? Ms. Matty Hirai: Yes, sir. Mayor Suarez: Read the ordinance please; with the -interdelineations,° Call „, the roll. , 232 7� 4 AN CADINANOE .. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 110000 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDAf AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 121-199 NORTHWEST 34TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM CW2 LIBERAL COMMERCIAL AND R-2 TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION; BY MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of April 25, 1991, was taken up for its second and final reading by title and adoption. - On motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance was thereupon given its second and final reading by title and 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. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10895, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 83. GRANT APPEAL AND REVERSE DENIAL OF ZONING BOARD - GRANT VARIANCE TO ALLOW CONVERSION OF EXISTING SINGLE-FAMILY RESIDENCE AT 1505 S.W. 2 COURT TO OFFICE USE - ACCEPT REDUCTION IN OFF-STREET PARKING SPACES AND PROVIDE LANDSCAPED AREA ALONG STREET (Applicant: Harriet Investments, Inc.). ----------------------------------------------------------------------------- Mayor Suarez: PZ-9. Mr. Olmedillo: PZ-9 Mr... Commissioner Dawkins: PZ-9, what is the recommendation of staff? Mr. Olmedillo: Recommended upholding the denial of the variance applied for.. sir. Commissioner Dawkins: You're recommending what, sir? Mr. Olmedillo: Upholding the decision of the Zoning Board, which is to deny z� the variance for parking. R� Commissioner Dawkins: OK. Thank you. Mr. Olmedillo: This is an appeal to a variance denied by the Zoning Board. As it is typical on the appeals, the appellant speaks and makes his case ' first. Mayor Suarez: It's an appeal of a variance denied, so we hear first.from he property owner, I presume. Mr. Olmedillo: That is correct, sir. Mr. Gonzalo Sanabria: Mr, Mayor, my name is Gonzalo Sanabria, 2601 S©uth Bayshore. 233 June 201 s Mayor Suarez. Are you representing the&.• Mr. Sanabria. Yes, I am. Mayor Suarez. ... property owner. OK. I'll need to... Mr. Sanabria: If you will kindly give me a minute, my attorney, Lucia Dougherty is somewhere in this building. Mayor Suarez: She told me that. She was going to try to get back from the County. Do you mind?... Mr. Duke McBride: She is back, she is just out... Mayor Suarez: She is back. All right, in the meantime, let me swear both of you in, and let me swear her in. She is right behind you. I am sure that Lucia has registered with the City, so there is no problem there. Please raise your right hand and be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0O, 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Counselor, do you want to begin, or is he?... Mr. Gonzalo Sanabria: Just for the record, Mr. Mayor and members of the Commission, in attendance at two o'clock this afternoon, we had four of our female staff members and the neighbors directly next to our house - living on the corner, but they had to leave because of the time. Thank you. Mayor Suarez: OK. Vice Mayor Plummer: If this is an appeal, don't we hear from the homeowners first? f Ms. Lucia,Dougherty: It's my appeal. ' Mayor Suarez: The appeal was from them, because they were denied at the zoning. Vice Mayor Plummer: OK. All right. Ms. Dougherty: Mr. Mayor and members of the Commission, my name is Lucia Dougherty. I am an attorneywith law offices at 1221 Brickell Avenue. I am here. today "representing Harriet Investments which is owner of the propertyat 1505 SW 2 Court. Gonzalo.Sanabria is also representative of the owner..,,,In. 1986- the property was rezoned to office use. It's a very good buffer and transitional designation between the commercial property, which is the _Pantry Pride directly across the street from our property. The client went into the City... actually the client, after he bought the property, rented the property. to an import-export business. This import-export businesa went ,,down to, the ; City and obtained an,occupational 'license because,`as you cansee,, this is:a residential .structure, but'.it's in an office commercial ;zone.. So'they assumed, OK,.we can just go and establish an office here. They didn't have to get building permits, they didn't redesign the property, they. got an occupational license and started.. established the use. Sometime after that, the Zoning inspectors came along and said, "You don't have enough parking out,` in front ere.u` Well, you can see that the property does have plenty of room r in the front to park, however, because it's a commercially zoned pieceof i property; -you can only have two legal spaces. In other words,,,you can't back e° out`into a Commercial street if it's -a zoned office. So therefore; we=have a seven parking spaces which are required, and we can only provide two;leg4l ones on site. And furthermore, because of the handicap, landscaping, parking,,. and other handicapped issues... Mayor Suarez: You mean, assuming maintaining the physical structure, or you mean, there is no physical way to do it - because it is not legal to provide seven? Mo. Dougherty; You cannot have that physical structure, and you legally cannot provide seven on site, because you can't back in to that street, in k=. other words, there are only two legal Perking Spaces in the front of that,y buildings 234 dune,. r1Qj%0l .7uai Cf.. vl Dupliwa C. wu bwIG YII= Liu I IIIV uu..11, wu ball F/I Wv1uG DCVGIIa Ms, Dougherty You could do that. You could tear the building down and put up to two story structure with parking underneath - that's possible. Mayor Suarez: You mean, you would have seven? Ms. Dougherty That's right. Mayor Suarez: With the present configuration, you cannot do it without violating some other law? Ms. Dougherty: That's right. So that's why we are asking for a five parking space variance. In other words, we can provide two legal ones on site, but as you can see, there is plenty of room to park on site. There is also parking across the street on the Swale area which we have checked with public works. That is also legal to park on. We believe there are five reasons why this variance ought to be granted. First, it's a less of an impact to that residential neighborhood to the extent there are residences left, by having a one story building, than to take it down and have two stories, and parking underneath. Secondly, the best use for that property eventually, is to take down that building, plus the ones next door and build a sufficiently... aggregate the property and build a nice office building at some point in the future - as opposed to taking down that one house, putting up, you know, two story building with parking underneath. There is ample street parking across the street, and the renovations that we are going to'make to that property are better on that street, which frankly, is being... is in a declining area. That particular street is declining. Our improvements are going to make it better. So that's why we are asking you to grant us this parking variance. We also have petitions from everybody on that street. Excuse me? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Dougherty: We already have an office. We've already teased it out. ` We're going to put landscaping, and paint it - make it much nicer than it -is now. Particularly; in landscaping. We have -a petition from every resident on that street that is in agreement with this variance. We would therefore, urge your consideration of this parking space variance for five parking spaces, -and We thank you for your consideration. Mayor Suarez: Recommendation and administration's position.` v Mr. Olmedillo: Recommendation of the department is to uphold the'-decision;of the Zoning Board. As you know the hardship issue is theoneat hand That's the `one"that:is directed to us by the zoning ordinance. We don't feel that the applicant meets the hardship issue, and therefore, we recommend upholding the decision of the Zoning Board. Ms. Dougherty: Real briefly, we think our hardship is the fact that we are facing into the Pantry Pride. Our front yard is a wall, and Pantry Pride,'in a commercial area where zoned office use is legal. The only question is, Whether or not we'are going to be able to use our property. It's not suitable for residential. - Mr. McBride: For the record. Mayor Suarez: McBride. Mr. McBride: My name is Duke McBride, I live at 200 SW 25th Road in the City t of Miami. I - am also here as a member and a representative of the I'Miame, Roads Neighborhood Civic Association, whose board has taken a vote to oppose tr this particular variance on this site. Mayor Suarez: You did say Miami Roads Civic Association, right? Mr. McBride: If the Mayor would like me to say, Miami, I will say, Miami. Vice Mayor Plummer: No, no, no. Then you lose my vote, It's "MiAma.11 §, Mr. McBride: Thank you, Mr. Commissioner. I would like to point... R. June 20, 09 1 �A M►W Suare2i I Wonder how the indiang pronounced it, Viet Mayer Plummer: What? Mr. McBride: i would like to make a few points. Mayor Suarez: It's a native American name. You know what it means, Commissioner pronounced it. Mayor Suarez: it's fresh water. Sweetwater. Mr. McBride: If I could make a few points. Ms. Dougherty eluded to that she F° could possibly have been improving this property in a declining area, which I personally would take offence to. That property, as a residence and as a 4= single family home, which with the site plan, and as it was designed and built as, had a Banyan tree in the front yard that was removed to make way, as you can see in the photograph, to take what used to be the front yard and put 1 asphalt black tar across it. There is no longer a front yard. They erected a very large fence, and topped it by barbed wire which is still in existence, Ms. Dougherty. They topped it by barbed wire. Our problem with this location is that the owner of the property who is teasing that property, and making a profit on that property, effected all of these changes to make that an office without pulling any permits to do such. It was only after the Code Enforcement Division of the City of Miami went in and found them in violation, that they went and applied for this variance. Mr. Olmedillo, Mr. Genuardi, and the Zoning Board, which is appointed individuals of the community by this body, have all denied this variance. We are asking, as a residence, and I am referring to the letter that I gave all of you, this was unsolicited by me, this came to me in the mail. Your home is located in a perfect area, because it enjoys the reputation of being a stable neighborhood. And yes, it's a stable neighborhood, because as you know, the Miami Roads area is a very pro- active community, and we take a very big active role in protecting that area, and I would just urge this Commission as well as the association, to uphold the ordinances of 11000, that we worked very to develop, and deny this _ variance as well as the staff's recommendation. Mayor Suarez: Very good. Jim, practical question. Let's assume we accept - Mr. McBride's.position', which is also the Zoning Board's and the staff's,_I think. What practical effect does it have? I mean, does anything in our code or 'anywhere elsekeep them from in fact, parking across the street :in that swale`area that counselor referred to? I don't understand where the practical affect is. You can say, you have to have several parking spaces. You only have two, where do you find parking for the other five people? What practical affect does that... that doesn't change the zoning. The zoning is going to be C-1. Mr. Olmedillo: No, the zoning... '. Mayor Suarez: Does it change the landscaping in any way? Mr. Olmedillo: The zoning is office. Mayor Suarez: Ohl Rather. OK. Doesn't change the use. ` x :.Zdld k3•. Mr. Olmedillo: It's C-1 across the... no, it changes... ._. Mayor Suarez: Does it change the landscaping in some way? Mr. Olmedillo: The landscaping is changed, you know, by the applicant's request. Mayor Suarez: What half a foot, or something, of iandscaping? or what do It see`, is minor.., Al Mr. Olmedillo: It doesn't change anything. Mayor Suarez: What is the practical effect of denying this? Mr. Olmedillo-, The.., remember that... ,t 236 June 2,0, 199 3 r F A. V r Mayor Warm t mean 1 am inclin�U t� f�111�^ your, ` Mr, 01medillo: There is a mandate in the ordinance that says, in order to 90< for a variance, you must meet a certain list of items, it's the hardship test. And you've got to go through it, and..• Mayor Suarez: Then I understand all that. We deny it. What is the practical effect? What happens then? Mr. Rodriguez: The practical effect. Mr. Olmedillo: That it goes back to either a residence, or they have to block out part of the building and use only partially for an office. Mr. Rodriguez: They revealed... for example, there are other examples in the area that I have seen the conversion from residential to office, very successfully, very nice. And they have provided the parking that is required. Mayor Suarez: Is this zoned, office, or is it not zoned, office? Mr. 01med11lo: It's office. ,t Mayor Suarez: If we deny this, it's still zoned, office? # Mr. Olmedillo: Yes, sir. Mayor Suarez: They can still use as an office? Mr. Rodriguez: They can use as an office, but they have to provide enough parking spaces, and to do that... Mayor Suarez: To use as an office, they have to provide more parking spaces on .site? Mr. Rodriguez: On site. Commissioner Alonso: But they can have still, an office with less parking. A smaller'office perhaps, but still, they can have an office. Mr. Rodriguez: They can have a smaller office. Oh, for sure.. Mayor Suarez: Otherwise they don't get what? - an occupational license there, or something? How do we...? Mr. -McBride: A certificate of use. Mr:,Rodriguez: Right. A certificate of use. Mr. McBride: ... as a residence. Mayor Suarez: OK. All right. Mr.. McBride: And our problem, as you can ,see... there is -a bigger picture here, Mr. Mayor, all of the rest of the homes that are on that block, and,I . say homes, because they were: designed and built as. -homes. You can't:;:take a f property that ;was a single family residence designed and built,:and-spy;: nvw, it's an office. That's our problem with this. Mayor Suarez: I agree with that argument. We don't get enough of -that', from:! our zoning... Mr. McBride: If all of those... If you... Mayor Suarez: ... people. We get these theoretical things, instead of , telling us -what does it look like. I mean, it is a home, and it's a house. Mr. Bride:Butourproblem is, is if you give these people a variance, the eleventh circuit is going to afford that same variance to every other house`pn theproperty. So now you end up with four of these schlock offices,�in opp df them with parking, and they aren't going to park across the street in the Pantry Pride, because they will have to scale a six foot wall. 237 June 20, 1901 Mayor Suarez: The eleventh circuit. What eleventh circuit are you talking about Mr. MtBridtl If you.,. if the Circuit Courts would uphold a similar variance as precedent for all the rest of the properties adjoining that one in the same street. ��_ Mayor Suarez; Right. I've got you. The old domino theory. Commissioner Alonso: Well, what about if we find a compromise here. We have this, that is an office, and it can still be an office, later on, smaller, but it's still an office, because they have the proper zoning. What about if we§ say, -we will allow only this office as it is now, and at the end..* this is a tenant in the property? .rt Mr. Sanabria: Yes, it is. Commissioner Alonso: Only for the period of time that this business exist._. Mr. Sanabria: It's a matter of.. Mr. McBride: The rental... Commissioner Alonso: And at the end... Mr. McBride: The rental occupant, or the owner? Commissioner Alonso: Yes. The rental property. - Mr. Sanabria: It's tenant occupied. Commissioner Alonso: And... what is the relation of Pantry Pride with this property? Ms. Dougherty:, There is no relation. We have a letter from Pantry Pride to... _ Commissioner Alonso: Do you... can you get parking on site from Pantry Pride? 3, Ms. Dougherty: We; have a letter from Pantry Pride saying that they would lease us parking, yes. 1 Commissioner Alonso: OK. Can we... and I need advise. Can we legally grant ,x permission.to.this property to function as an office,'provided that they have parking across the street.:, So we are guaranteeing several things..: These,"� -people _will be the only ones that will be able to obtain this, because .not . every one wi 11 be able to _ obtain parking across the` street, so we : are not all owing -that °this will happen to the rest of the properties, Ifirst of .a11: And also- we- will limit the:- change to this business that exists now- th that= property. Can we legally do this? ! Mr. Olmedillo: That's a separate special permit. That's a special exception . herein which goes before the- Zoning Board. You can perhaps ';direct applicant-, in --the termsof- the variance, that you grant the variance, -but You�J get him to file the application before the Zoning Board. Now the Zoning Board is going to make an independent decision which may be granted, or not granted, s Commissioner Alonso: Well, what I am trying to find here is a compromise that r+;: we -.have parking :across the street.: We have this property that office, and I -guarantee the neighborhood, that it's not going to happen to U every single house that exist in the block. Mr. Sanabria; Commissioner Alonso. rx i Commissioner Alonso: Yes. =�s j' . Mr Sanabria- To further supplement that in a positive footing, most of theseu things that took place where a tenant driven, like the tree removal and thins h t like that, we are willing to replace some landscaping and make the fence t� . meet code and have the normal height of, I don't know if it's six foot or five foot, I am not sure exactly what it is, make it more palatable and bledd in die with better esthetics. So we can definitely.., if you want to throw their in, x` � with a compromise, we will be more than happy to comply with that, xf ; 23 curie i+ 3 �" s �c ¢ YfY t S$ ,777, it a p{ham Y,%f +btr tii ss or Alonso:. Y think that will help. s ` also he p, and I might also add that i >~ the air, o Mr+ McBride, It would renal lent here, seeing as the owner who sari ancek from us, profit compromise is p Dougherty, on ,A renting that property out as an office, is seeking aor resident$ of the pity of Miami inateaa.Surproffer that if he* SUM of mon�Q behalf of her client were to do e the Department of Parks to be utilized in either Simpson, or 'riang t it might go a 1 ong way i n !y parks, which are equidistant from this property, promoting the air of compromise. Commissioner Alonso: Prank, is that too much?... Vice Mayor Plummer: Boy, are they learning. Commissioner Alonso: Yes. Vice Mayor Plummer: Are they learning. Mr. McBride: Thank you, Vice Mayor. Commissioner Alonso: Yes. ' { Vice Mayor Plummer: Yes, sir. Let me make a couple of points here, I think they are Commissioner Be Yurre: that there is no hardship with this important. It was mentioned a while ago, property, and I think that there is a hardship when you are zoned business, a taxes as business, and you can't operate an office there. That is you pay j hardship. Number one. 00 Mr. Rodriguez: It's like self imposed. ain Commi ssioner Be Yurun re: Now, understanding thatconcern, you can agetntheafive the spirit of compromise, i f we have a commitmenttain the s aces from Pantry Pride that are reguiave� enoughand l space for two carsso to main yoube p you only 1e residency of the property, y parked in there, you put grass around a the est area, plants, an you landscape'it,'then that will look Commissioner Alonso: That's right. Commission er De -Yurre: and you wi 11 only have two spaces still being gal going to that takes care of that. It isn't a situation wherein you're { but you are going to keep putting in three, or lve got -the have... you re zoned for two, and four, or five cars in there, because you wont' thinkl that we are userviing you parking across the street. Then that way, know, justice here, we are doing the right thing. And it Looks good, for. the k and it serves a purpose for you know, they are being taxed for'what residents, they're zoned. as- lrem tax ls Mr. Mc Bride: Well actually, they are currently on tfeuse V as an officelr ght a resident, because they have no CU (certificate o now, because they can't get it, because they can't be an office legally. Commissioner De Yurre: Yes, but we need all the money we can get. Commissioner Atortsos That will be changing quickly. We will notify that they, start paying... t Mr. McBride. Right. But in reference to.., Mayor Plurrmers The assessment is supposed to be done, when we "change, the. Vice May. zoning. Commissioner Be Yurre: What are your taxes there now? Vice Mayor Plummer; Oh, well when we change the zoning, that is abscllutely automatic. Mr. Sanabrla; Well, x am not exactly sure. 4 A i 239 i� Mayor uare;�: How tome nobody knows how much their taxes area Commissioner Alonso: I bet they are paying us... maybe it is not retodad through. a = there. It should bet because when the change went Mayor Suarez: I don't know. Commissioner De Yurre: What do you mean, you don't know, I know exactly what mine are. Mayor Suarez: That's what I am saying. Why don't people know? Commissioner De Yurre: How can't you not know what your taxes are? Mayor Suarez: If you were complaining about it, you sure would know. r Ms. Dougherty: We are not... He doesn't know. Commissioner Be Yurre: Who do you represent? Who does he represent? 1 Mr. Sanabria: I represent the owner, but I don't have the exact information time late last year, so I am not on that. They purchased this property some I am not in knowledge of sure if the taxes reflect the office use or not. what it... commissioner Be Yurre: Well, we will make sure that it does. Commissioner Alonso: I will 11 be willing to mwith tthehe cstreet,nyouhat will... Cey acrossve have the landscaping and two parkings, and then ' you be sure that they us the guarantee... l Mr. McBride: And anything for the Department of ' Parks? } Vice Mayor Plummer: Oh, yes, we will... rest assured. Commissioner Alonso: I beg you pardon? And a nice voluntary donation to one of, -:our -parks in the area, will be really appreciated. Mr. Sanabria: Mr. Rodriguez: May I'suggest, Commissioner, that... 5Y 4. Commissioner Alonso: :Yes. Y Vice, Mayor� Plummer: Wait, wait, wait. Give the gentleman the opportunity to speak. Commissioner Alonso: Don't ever interrupt when they are addressing something.!, it as important as this item, yes. Mr. Rodriguez: Not talking about the money - separate. Mr. Sanabria: OK. We are not talking big deals here. This is not a high i rise, this is a.., f X Vice Mayor Plummer: You want to bet? �r Commissioner Alonso: Well.w • small home of only thirteen hundred square feet that brings Mr. Sanabria. . . with that. correlated to ` in a modest sum per month to the landlord. In.line that, it's not like we are getting rich every day, we would be happy to make`a'. , t modest contribution to Simpson Park which is directly in the area.. Mr. Olmedillo: How much? Y ,. Viceimayor Plummer: How much is modest? - Commissioner Alonso: How much? >y. { 240uoe+�g�l S}' �� � '� S S �— ;as Mr6 Sadabr'iat, I.would guess it Will be 10609ee.s. I don't know, but 1, wi)l say Some•. I eninot Doing to go into this debate about I don't know, and give me an answer, but let's say between two hundred and fifty and five hundred dollars. a Vice Mayor Plummer! No, no, no. "that's too modest. Commissioner Alonso: Do you know how much is the rent? Mr. Sanabria: I think the rent is somewhere around seven or eight hundred a month. Commissioner De Yurre: How long is the lease that you have with the property? Mr, Sanabria: It's on a yearly basis. i I Commissioner De Yurre: On a yearly basis, not a?... �. Mr. Sanabria: Yes. Vice Mayor Plummer: A dollars a square foot? Mr. McBride: I like that. Commissioner De Yurre: Land, not property. Vice Mayor Plummer: No, the building. It's thirteen hundred square feet, right? — Ms. Dougherty: Thirteen hundred... that's acceptable, thirteen hundred dollars ($1,300). Vice Mayor Plummer: I didn't say thirteen hundred, I said a dollar asquare foot. Does that equate thirteen hundred? Ms. Dougherty: Yes. Vice Mayor Plummer: Or, OK'. Commissioner Alonso: That sounds much better, yes.' Mr. Rodriguez: Remember, this is a variance, so you can impose conditions. =' Vice Mayor Plummer: I'm sorry. >} is Mr. Olmedillo: This a variance and you can impose conditions. =; Vice Mayor Plummer: I'm not... all right, listen. I would much rather they _ volunteer. z Commissioner,Alonso: They are offering. Yes. = Ms,,.Dougherty: We voluntarily.'.;, - ' Mr. Sanabria:--,You can make that conditionally accepted. y m Commissioner Alonso: Thirteen hundred. OK.' With all of these conditioner thirteen hundred. Mayor Suarez: OK folks, let's do it. M, Mr. McBride: With the caveat that none of the other homes on the.., Commissioner Alonso: That's right. 70 Mrs McBride: Right. OK. 9� Commissioner Alonso: No one will be able, because still, the conditions - exist. Only two. t 4� Mr. McBride: Right. r i< aI June, 2T; 189 4 Y t �,r y Z� sr Mt. Rodriguez. SO,1 understand this clearly, they will provide hundred dollars by when? Commissioner Alonso. The landscaping, the two parking five street, and the nice donation. the thirteen across the Vice Mayor Plummer.By the 1st of July. Didn't you say, the ist of July you would have the check? Commissioner Alonso: Yes. Mr. Sanabria: That's no problem. Mr. Rodriguez. And the landscaping plan to be approved by the Planning Department, and the application for the special exception for the parking in the Pantry Pride to be submitted within the next six months. Mayor Suarez: So moved by Commissioner Rodriguez. Do we have a second? Mr. McBride. Mr. McBride: If I could just add one more thing. Should they also maybe, make this conditional upon them losing. Should the Pantry Pride develop into another project and they vacate or get evicted... '— Mayor Suarez: It's absolutely conditioned on those two parking spaces. Vice Mayor Plummer: That automatically brings it back. Commissioner Alonso: Yes. _ Mayor Suarez: So moved. Vice Mayor Plummer: Let me ask a dumb question. Does Pantry Pride have the adequate parking that they can in fact... Mr. McBride: Yes, sir. Commissioner Alonso: Oh, yes. Vice Mayor Plummer: ... still comply with their requirements of parking, and s Lease some? Mr. McBride: Yes, sir., Vice Mayor Plummer: OK. Mr. Rodriguez: We don't know that. c Mayor Suarez: We are not creating a violation by Pantry Pride. OK. Vice Mayor Plummer: We are not putting Pantry Pride in violation? Commissioner Alonso: No, we are not. Mr. Rodriguez: We don't know that* b,r: a Mayor Suarez: So moved by Commissioner Alonso. a Commissioner Alonso: Yes.' Mayor Suarez: Seconded by Vice Mayor Plummer. Any further discussion?... V commissioner De Yurre; You see that picture, J.L,? That's Friday at o'clock. That goes to show you how much parking they have available. , Vice Mayor Plummer: There you go. Mayor Suarez: Call the roll. z Ms. Dougherty: Thank your. 242uDeQ, 0 .TC ZP '�i�lyzi� T r'i �v 1 i l t The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-476 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SECTION 401, 0 OFFICE, OFFSTREET PARKING REQUIREMENTS, AND ARTICLE 10, SECTION 1024, SUBSECTION 1024.12., TO ALLOW THE CONVERSION OF THE EXISTING SINGLE-FAMILY RESIDENCE TO OFFICE USE, ON THE HEREIN SITE, AS PER PLANS ON FILE, PROVIDING 2 OF 7 REQUIRED OFFSTREET PARKING SPACES AND PROVIDING A 4.5' PERIPHERY LANDSCAPED ARE LOCATED ALONG THE STREET (5' REQUIRED), FOR THE PROPERTY ZONED 0 OFFICE LOCATED AT 1505 SOUTHWEST 2ND COURT, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) SUBJECT TO THE FOLLOWING CONDITIONS: (1) APPLICANT SHALL PROVIDE PARKING SPACES AT THE ADJACENT PANTRY PRIDE PARKING LOT TO SATISFY THE REQUIRED PARKING REQUIREMENTS OF 7 SPACES; (2) APPLICANT SHALL DONATE $1,300 ON OR BEFORE JULY 1, 1991, WHICH SUM SHALL BE APPROPRIATED TO THE DEPARTMENT OF PARKS AND RECREATION FOR ITS SUBSEQUENT ALLOCATION AND USE AT NEARBY SIMPSON PARK; (3) APPLICANT SHALL PROVIDE LANDSCAPING SUBJECT TO THE APPROVAL OF THE CITY OF MIAMI PLANNING BUILDING AND ZONING DEPARTMENT; (4) ONLY TWO (2) PARKING SPACES SHALL BE LOCATED ON THE SUBJECT PROPERTY; AND (5) APPLICANT SHALL MAINTAIN THE PROPERTY'S APPEARANCE SO AS TO RESEMBLE THE APPEARANCE OF A RESIDENCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 84. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO GRANT REQUEST FOR LANDSCAPE REVIEW FOR SPECIAL PERMIT APPLICATION AT 2641 ABACO AVENUE (Owner/Applicant: W. Pinson Colburn with power of Attorney for Vicki & Rexford Colburn and Teresa & Bill Whiddon) (See label 87). --------------------------------------------------------------------------- Mayor Suarez: Item PZ-10. 2641 Abaco. Ms. Margarita Gnova-Cordovi : For the record, my name is Margarita Genova- Cordovi, I work for the City of Miami Planning Building and Zoning Department, The request is for a landscape review for a class II special permit for 2641 Abaco Avenue for section 6.13.3 of the zoning... Commissioner Dawkins: Anybody speaking out against this, Mr. Mayor? Mayor Suarez: Is there anyone against this application, or this landscape review? Commissioner Dawkins: Move it. 243 June 209 1�9� 1X r . Commissioner Alonsot second. Mayor Suarez: No one is againsti } Vice Mayor Plummer: Wait a minutes F Mayor Suarez: Moved and seconds Vice Mayor Plummer, bid you do the review? Mr. Rodriguez: Yes, we did. Commissioner Alonso: They did. Vice Mayor Plummer: Are you recommending that this is in accord? b Msi Genova Cordovi: We are recommending approval. Vice Mayor Plummer: Fine. Thank you. Unidentified Speaker: We want to see exactly what it is that they are requesting. -Mayor Suarez: Oh, yes. Unidentified Speaker: I mean, don't throw it out before we see what's going on. Mayor Suarez: Well we thought that... we assumed that since there was.. no opponents, that you had seen it. Why don't table fora few minutes, and :get with her... get back. Commissioner Alonso: Yes, so you can see it. Commissioner Dawkins: _ Show her what you have please and we will bring it back, please. Mayor Suarez:. OK, Maggie, do... Commissioner Dawkins:Go right ahead, ma'am.`_ �r AT THIS POINT, ITEM PZ-10 WAS TABLED. (see label, 87.) �x --------------------------------------_.---_—_.____--_______-.�_����__�..� 850 UPHOLD ZONING BOARD'S DENIAL OF REQUEST FOR STREET CLOSURE AT 2740 & }t .. 27:42 COACOOCHEE STREET (Owner/Applicant: Bernard A. Ross with Power,of x Attorney from David & Elethia Rickham and Beverley Barakat): d ------------------------------ I--------I-----.---------------------r Mayor Suarez: PZ Street closure, 2740 and 2742,..`1 wouldn't'even,try o 'x pronounce it.; Commissioner Alonso:` Oh, yes. ' ;7 - Commissioner Dawkins' What's the recommendation of staff? Mr. Rodriguez; Let me see, where is the director of Public Works? briep second. Cpuld you table this item until we get the director of' Pub1-ic .. to come over -here one second.P Mayor Suarez: OK. Item tabled. zs � v Commissioner Alonso: You mean the eleventh?' Mayor Suarez. On eleven? Commissioner Alonso; Eleven? _ Mayor Suarez; PZ-11 is tabled for the moment. fi Sg 244 Juno j&,1 y�F' j{j{arkr ':hi ! 5 i +Nx� j� s '. tI t S k5 "L !.'�IY�iGSf mj tRS'� ( �i �a !1''�'.hy'�` •� b r ! g N by y�}} 4 •. Mt'*Rodrigue2: He is here now F Mayor 5uarers He is here - back to the tables i Mr. Rodriguez: Eleven. r� Mr. Prieto,. Public Works does not have any objection to the closing of this r, street. it's not really closure of the street, it's just a pieceof the street to straighten out the law. Mayor Suarez: Are you counselor are in support of this, or you are going to be opposing? Stanley Price, Esq.: I am opposing. Mayor Suarez: OK. So we need to swear both of them in, please Madam City Clerk. Two good lawyers being sworn in. Madam City Clerk, could you swear u them,.please? Thank you. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: From the applicant for the closure. Sam. Mr. Price: Yes. Mr. Mayor, members of the Commission, my name is Stanley Price, 1 Centrust Financial Center, Miami, Florida - representing the applicant. Mr. Mayor, we have somewhat of a unique situation in regard to this application. Number one, it is highly doubtful that there is even a need to have filed this application. By operation of law, this 10 feet which is in question here today, has reverted to my client based upon a - specific act of the City of; Miami. And let me explain that, and I have supplied the City Attorney, with a' memorandum of law, and an explanation of this matter. In 1949, a predecessor and interestto my client platted this property. 'At- the time -of. -.the platting, the base building line ordinance, of , the, -City required` a 50 feet -right-of-way for .Coacoochee Street, and I hope I. pronouncing that correctly,-- Coacoochee Street, excuse me, or like Miama. At the-time,,there was:30 feet of: right-of-way, and therefore, in order to make the 5O feetof right-of-way,'my client as part of the plat, dedicated by plat,:ten additional feet on his. -side of, the property.. Subsequent to my 'client's. platting; of that property, and -I might say, to this date, the City has: never: improved, that land, has never taken any affirmative action in regard to that 10:foot strip. ti But: in- the mid 1970!s the City of Miami pursuant to Ordinance :number 8564, r: readjusted. the base building line, the right-of-way required... Coacoochee- Street?. Mr. Sam Poole: Coacoochee Street. k: r: Mr. Price: Coacoochee, Street to 30`feet. Mr. Poole .ls here for 'this purpose to correct me -on ;the.pronunciation Mayor -Suarez: Among others. Mr. Price: The•30 foot at that time, going :back to 30 feet, there is sufficient right-of-way. I would like to respectfully note to the City Commission, that,my.client's predecessor, to this date is -.:the - only,Andividual on that street. -to ever have -dedicated the ten additional feet. Every.''one else ex; k on that; street, °and: according.,.` Mr. Poole, who is on an adjoining street, have never dedicated that additional footage which inures to their;beneflt., : sy Interesting enough, by researching this -point,-we were able:tolfind;,$ case; ,. and by the way, it should be noted that at the time ° of the platting of;°'the street, the re, was a specific reversion to the dedicator in the`: event thraugh operati on - of law, thi s was not uti i i zed. There is a case ' called _'!Woodl awn',- Park -Cemetery Company" versus the City of Miami, which is.,a 958 :decision the > third district court of appeal. I have furnished-. that ° to' yoU,,, Ct ty Attorney. In than specific ease, -the facts are almost identical to what they r were in this case. The original City proposal was 70 feet. An indiYiduat,..� the cemetery .came in, platted the property and-had.to dedicate An`addi,tian .' feet from their side of the property. The City then changed then*•"base .r building line ordinance like they,have done in this case, :And the_,450iyas,., 43 whether the City had any discretion whatsoever, in regard -to the ouestion Qf closing of the street. And the Third District Court Of Appeal s felt that dnCo 245 dune 2Q� t z s � �r yy i a l T the City changed the base building line Ordinance back to a small configuration, that was an abandonment by law, by operation of law, and therefore, the City had no discretion but to grant the closing of that portion of the roadway. Now, there is a.., once again, I believe that case is controlling in this instance. There have been subsequent cases involving the City of Miami, including a 1978 opinion, where the property only alleged that the City has never improved the property and therefore, it was an abandonment. The Third District rejected that, and based upon the Woodlawn Cemetery case, indicated, once there was an affirmative act, such as rolling back of the base building line, there the City loses its discretion. i was retained approximately one week ago by my client. Had I been engaged from the beginning, I would have suggested to him, he did not have to go through this process, because in fact, the City by operation of law has to revert the ten feet back to his property. That is our legal position, and I believe case law supports it. I'll like some time in rebuttal, please. Mayor Suarez: Sam. Mr, Sam Poole: Mr. Mayor, and Commissioners, my name is Sam Poole. I am here as a resident. I live at 2821 Coacoochee Street which is about half a block away from the subject property. Also here, is Thorn Grafton who was not sworn in at the time. He wasn't sure that architects could speak, so, he may also have something to say. I am here to put this in context. This comes to you as a part of a replat of this parcel. It is being replatted from one to two lots. Under the current proposed replat, the rear lot has a width of 40 feet. The zoning in this neighborhood requires 5000 square feet and 50 foot minimum width. Under an interpretation by Mr. Genuardi, he has determined that 40 feet is an adequate width, because this lot is... he has determined to be irregular. Our concern is that by granting the... releasing this piece of right-of-way back to the property owner, he is then able to have a 40 foot lot, where he otherwise would have to have something approximating a 35 foot lot in the rear, in order to have the adequate square footage on this lot that's next to the street. So it's a matter, and if you choose to go ahead and approve, the release of the property will be back to you at the time of platting to make this particular point again. And this somehow comes down to a matter of degree on regular versus irregular lots. And we believe that without granting this additional 10 feet to the property owner, that this rear lot of approximately 35 feet in width, in a 50 foot width zone, would probably cross over the threshold in the mind of the director... of the Zoning administrator, and would not be an acceptable condition in an irregular lot. We therefore believe that this comes to you in a situation where it's a prerequisite to accomplish the replatting from one to two lots. I would also like to point out that there is, adjacent to this property, to the top.... Mayor Suarez: Is that what the avowed purpose of the regaining of this alley, or this dedicated portion is? - to end up with two lots? Mr. Price: The answer is, there is a plat pending, sir. We didn't schedule this hearing separately from the plat. That was a decision of staff. That is an intended purpose. But I would respectfully point out to Mr. Poole that even without this ten feet, we still have two buildable lots under the City's code of ordinances. Mayor Suarez: OK. I just wanted to know. I just... Mr. Price: So therefore, by getting this ten feet, we are not... there is no benefit inuringix to us that we would not already have, except the fact that we would have a little bigger land area. Mayor Suarez: Well this is a most unusual situation. We have one party saying that they don't really need this street closure, because they can do this by the operation of law. We have the other party saying that if you do get it, if we were to vote affirmatively, you would be then in a position not to obtain what you really ultimately want to do apparently, which is the replatting. And I am not sure that you make it any worse by the street closure or not. I think you were saying that they do, right? Mr. Poole: Let me attempt to clarify it. I don't know... Mayor Suarez: Why that would make it more difficult to get the two plats, is beyond me. But the two lots out of the plat. 246 June 200 1991 yy.. it �Vj,.+7^ �.:4� '• Y -u ;�� j d l� A Mr. Poole OK. There is a problem that exists on this property& have the required 50... even the whole property does not have frontage on the street. It does not 50 feet of Mayor Suarez: At any point, even with the regular shape, it's never 50 feet? Mr. Poole: That's right. So... Mayor Suarez: So if you add 10 feet in a diagonal fashion, or in an angular fashion, what does that do to? - doesn't that help to comply, somehow? Vice Mayor Plummer: What's the total front feet up there? - streetwise? Mr. Poole: What is being proposed in the plat would be two lots, each in excess of 5000 feet. And granted it's true that they have, even without that 10 foot strip, they have more than 10000 feet. But what happens is, and this relies on an interpretation from Mr. Genuardi that when ,You have an irregular lot, essentially all rules are off and you can have, as long as you have 5000 feet, the dimensions go out the window. So you could have even in the extreme, a pie shaped lot with one foot of frontage, and as long as it's irregular, it simply becomes a matter of the interpretation of the Zoning administrator as to what constitutes a buildable lot. So what we are saying is, under the circumstances here, if they get that 10 feet, then they have got a 40 foot lot in the back. If they don't get that 10 feet, then there is something around a 35 foot lot in the back. And again, because it's a matter of degrees when you are doing this interpretation by the Zoning administrator, that a 35 foot lot is less approvabie than a 40 foot lot. s yr tite: j. Mayor Suarez: Less likely to get the approval for the two lots. Right now it is definitely one, right? - platted as one? Mr. Price: No, sir. There are two structures... Mr. Poole: Excuse me, I'm sorry. Mayor Suarez: There are two structures there? Mr. Price: There is a duplex in the rear and there is a single family home in the front.- There are three units on these two lots now. In all probability, the two lots that we are platting will become, rather than three units,'two Units. I don't understand why this neighbor... a Mayor Suarez: Why do you need the replatting? - because you want to try�to sell them separately, or something? _ Mr. Price. Because it is very difficult to lease property in Coconut Grove.. Vice Mayor Plummer: No. The answer is, they are nonconforming presently: That's why they want to replat. They are nonconforming structures that appear there now. Mayor Suarez: And otherwise, they would have to be... right. Or they.can"t improve them, they can't turn them down, et cetera: In other, words, .they are nonconforming. r Commissioner Alonso: Yes, they can improve the property. x ! Mr. Rodriguez:- They can improve it. Vice Mayor Plummer:. Not to exceed twenty-five percent. _ Mr. Rodriguez: But they cannot exceed up to a certain percentage, x Mayor Suarez: Right. I mean, improve it radically, or change the.,. Weii, we certainly know what the argument is. Commissioner Alonso: But in fact, they have three units, Mr. Price: Three units presently existing, yes. COMmissioner Alonso: And if we approve this, theywill end up having. lets$ 'they 'demolish say the structures that they have, and they build .onIy two,. Is that right? 247 June 20, 1991 ' k z s s ?S rt'3,r s i Mt'i Rodriguez; Rights Cofflmi`sgiener Alonsot Twos Mr, Rodriguez: Two units. Commissioner'Alonso. In case that we approve this today and they want to. - build new facilities, they will have only two. Mr. Rodriguez: Only two. Commissioner Alonso: Not more than two. Mr. Rodriguez. No more than two. Commissioner Alonso: I don't see the problem. Vice Mayor PIUmmert Well, i think that you have to understand the neighborhoodto know the problem. The neighborhood... '1 Commissioner Alonso: I understand the neighborhood, but knowing you have three units In one place, and you're going to reduce to two - better looking units probably, I don't see the problem. Vice Mayor Plummer: OK. The problem is this. If you ever saw one hell of a fight - there is presently one existing over on Tigertaii, OK? And... give me that map. What it is, is that you are building a second house... no, no, the one that was just drawn, showing how it works. Commissioner Dawkins: Where did you put it? Vice Mayor Plummer: I"didn't put it. What you are in effect doing ,if you do this, . is that you are putting one house in the front and a :second °house . in another person's back yard. ' Mr. Rodrig uez: It's like this. Commissioner Plummer: That's the general effect. One house... here is the street. One house would go up front and in effect, the second house - this is just a" driveway to get into the back yard of the first house. That's k presently there on TigertaiI, the big fight now. I think more importantly, w that this' Commission has got,to' come to grips. some where along the line of how �? much and what is compatible to a neighborhood. This is not a neighborhood in which we -have cracker boxes squeezed into cracker boxes. And I think that°the x fear- of the neighbors is that 'this would be a start of a deterioration '.in =.; making other people in that particular neighborhood start to attract cracker" " boxes. And`when you get down to that size lot, I think that that is where the" problem really lies. I don't think the neighbors have expressed to me, a r concern 'about the fact, do what they are 'asking, but get a covenant to -say that there will only be one structure on the lot. Most of those lots in that i particular• 1 i ttl a subdivision' are` good size lots, and people are not' crowding } , them. If you do in fact, go back and allow this, and allow them to build. wo houses"," and I.' don't know how big.` the houses would be, they are going to be crowded on that lot — these are substandard size lots. And I think that. 'real lie the crux. -That' if you built two structures there - new structures, that.. you would absolutely be eatingu lot line setbacks. I've }' p got .two G classic -examples in my neighborhood -,-and Lam two blocks away on Tigertail x�7 Mr. Prices Mr. Mayor, if I'may. The issue was bifurcated not by my choice„. �. $S!� Vice Mayor Plummer: Oh, I didn't say... r Mr. Prices ... but by the staff's choice. The sole issue today is whether the City by operation of law, has abandoned that street. Mayor Suarez: OK. Well, on that point, we solve that very eaSil y$0 That's the one thing we'do easily.' We have no discretion on that, except pretty much listen to our City Attorney. 4 Mr, Fernandez; And our Aositlon is that, if it were by operation of''lew,4u s know, the obvious -question would be, what is he doing here trying to get ;to d 24June Zoo lost 9 " sv`*j4 a' -S Mayor Suarez: Well, but that's not the question. Mrs. Fernandez: Well, exactly. Mayor Suarez: The question is, is it in fact by operation of law?... Mr. Fernandez. No, we don't believe it is. Mayor Suarez: All right. Mr. Fernandez: We believe that the case that he has cited to you, white otherwise very much on point, fails a very obvious. And that is that, that when that case was decided by the Third DCA, the City of Miami did not have in its book, such a comprehensive and thorough way of vacating and closing streets which we do now. And I believe that simply on that score, we can make the argument that it is wholly within the discretion of this Commission to find that there is a valid public purpose, or a public interest, and, that the public would be benefited by your decision to go either way, to close and vacate, or not to close and vacate. So, it's certainly something- that is wholly within your discretion. There has been no abandonment in that sense either. That's another was of distinguishing this case, even though the City of Miami does have that ordinance in the book, reducing the width of that street - the required width there. Because there are other proper purposes to which that right-of-way with the 10 feet in question, allegedly are being used. by the public to walk... Mayor Suarez: Such as? Mr. Fernandez: ... traverse the whole length of that street, baby carriages - I don't know all of the activities of the neighbors necessarily there, but I am sure that it presently is being used as part of the public right-of-way. So, in other words, well, the case that counselor has cited to you is... has not been reversed, is in fact, valid law on the like, I would suggest to you that if you were to find for him that you would do it as an exercise of your discretion pursuant to your City Code, section 545-16. Mayor Suarez: OK. But not otherwise, is what you are saying? But not because of a simple operation or automatic operation law? Mr. Fernandez: Right. Exactly. Mayor'Suarez:All right. We disagree on that point; Mr. Fernandez: And what I`am telling you is, that you have the right to do that. I mean, that's wholly within your discretion. Mayor Suarez: OK. All right. Commissioner Alonso: OK. I have some questions. Mayor -Suarez: Commissioner Alonso. { Commissioner Alonso: Mr. Olmedillo. Mr. Olmedillo: Yes, ma'am. r Commissioner Alonso: They have three units.` Mr. Olmedillo: They have three valid residences. Commissioner Alonso: One in the front, one in the back. Mr. Olmedillo: Two in the back.y 7` Commissioner Alonso: Two in the back and one in front. Mr. Olmedillo: That is correct, Commissioner Alonso:, I -hays a hardtimethinking of what is the difference`#��► the picture that Commissioner Dawkins drew to us. One in front and One iih - back - el;tual ly two, It's the same location, it 1s not going to be a,tay difference of what it is today.a� 249 June X, loot:.�y n� 1 R �Y vA 777 Mrs Poole: May I respond Commissioner. Alonso: Sure, Mayor Suarez. Sam. Mr. Poole: The difference would be a matter of volume. Right now there are two units. There is one in front, which is... Commissioner Alonso: Actually, three units. Two structures, but three units. Mr. Poole: Two structures, right. The one in the back is a garage apartment, a duplex, of which it has a rental of above and below. That is very much in keeping with the nature of this neighborhood. There are a number of structures of houses that have garage apartments out back which they rent, and that's fine. It gives you a very nice diverse neighborhood with young people, and older people, people who are just starting out can afford to rent in this neighborhood. What will happen under the replat, is that you will have two maximum square foot volume homes. We sell homes in this neighborhood today based on air-condition square feet, so you will max out the square footage. And I expect that the applicant will be back in with the variance for setbacks, because right now, we will have the second lot in the back, will only be 40 feet wide. So you will have a maximum size two story house on the front, a maximum size two story house on the back, and even though you have only two units, they will be far larger than the existing two structures.on the property, and they will generate more in the way of traffic of use in the neighborhood, and they will simply overwhelm this lot. Because I believe that the zxoning administrator has misinterpreted the code in permitting a house even on a 40 foot wide lot. And we would intend to follow up on that if you go ahead and approve this today. Mayor Suarez: OK. Commissioner Alonso: May I ask another question? Do they legally have two Lots? Mr. Olmedillo: Today, they have one lot - one platted lot, which is.,. you will see in you back up. Mayor Suarez: Yes, let's do it. Commissioner.Alonso: What is legal description of that property? $; Mr. Rodriguez: Lots one and two, Vice Mayor Plummer: Mr. Poole, while they are looking that up, am,I correct in stating that the concern of the neighbors, is not what exist there today, but -the potential of tearing them down and building maximumlot lines.on,.any {' new structures. Is.that not the real concern? Mr. Poole: Absolutely. 4 Mayor Suarez: That's just he just said, yes. Mr, Poole: Completely. -, Mayor Suarez: That's the basic problem. Mr. Price: Can I address that concern, Commissioner? Vice Mayor Plummer: Sure. Mr. Price: Number one, and I think Mr. Olmedillo will verify, that if f -I wanted .to build one home on that lot, I could put more square footage in that one home than I could if I wanted to build two homes on two lots, because of the setbacki requirements and the. volume. So we are not trading off less square footage by keeping this at one lot, if I want to redevelop. The sdcQnd x thing I would tell you, if you look at the lot directly ,to the rear of;this a lot, you have the identical situation, so it's note situation that we are X' creating a precedent in the area, the precedent already exist because of our nonconforming use, plus the lot which is directly behind us. " Ski ` is 250 4une 20, 199t ` } z r r 'a , y .' w-�- 3 Vice Mayor Plummer,. The only difference is, if you put one new structure on that lot, you would only have basically one family. If you put two structures on that lot, you are going to have more people, more cars, and more everything. that's the difference. Commissioner Alonso: But they have three families now. Mr. Price: Theoretically, that's correct. But I can also make an argument that I could make a seven bedroom home on that property, and then build...` Vice Mayor Plummer: But they are not utilizing the full footprint of the property. That's what they want to do. Mayor Suarez: OK, there are all kinds of things that may happen. i guess we can argue about them forever. Mr. Price: That's right. Mayor Suarez: Commissioner, you had a question, has it been answered? Alonso? Commissioner Alonso: No, the legal description. Mr. Olmedillo: No, the legal description that you have in the back up, says, lots. one and two, but this is what's being proposed to be replatted as lots one and two, tentative plat, number 1393 A and B. Mayor Suarez: It's a tentative plat. The actual legal description only shows one lot? Mr. Olmedillo:- The actual legal description is Raceys property, first amendment. Mayor Suarez: OK. All right, Commissioners, I think we've heard enough on this item. We have a few more left to do today. Vice Mayor Plummer: Can I ask one other question? ` Mayor Suarez: I was afraid of that. Vice Mayor Plummer: I noticed that the plat... or excuse me, the Zoning Board denied this item, six -to two. What was the main basis of the denial? r-, Mr. `<01mediIIo: The only reasons that you have to deny it. are in the code, t chapter 54, and it says, "the public; purposehasto be served by closing the street," and the Zoning Board in a colligate vote, failed to see-that,benefit. Vice Mayor Plummer: Then I will ask the question. What public purpose is - being served°by closing the street? �k Mr, Olmedillo: That: is for the applicant to address. Mr. Price: The City will receive... Vice Mayor Plummer: No, no, no, excuse me. It's not for the applicant, it'.s <" for you. Mayor Suarez: From our perspective. a - Ya Vice Mayor Plummer: It's because you recommended it. Mayor Suarez: We presumably know better what public's purposes are served. - �- Vice Mayor Plummer: Come back. Sir, Y Mayor Suarez: What public purpose, if any?... x Vice Mayor Plummer: You recommended this item. Why did you recommend it? Wh4t public purposes in your mind that made you recommend it? Mrs Qlmedilla: Can we have the Public Works director who is?... �t}' 251 June 200 19 1 F5F. s. r { T A' s r. xF� Mr. Rodriguez: guess in the meantime, t guess, the only public purpose that Y earr up wtith while we wait for Dr. Prieto is, that there will be a portion of the land that will be put back in the tax roll. Mayor Suarez: Anything else, counselors? Because we are getting ready to Vote with or without Dr. Prieto. You wanted to have somebody say something quick? Mr. price: No, he is here to oppose it, he is waiting to get an opportunity. Mr. Thorn Grafton; My name is Thorn Grafton. Mayor Suarez: Did we get him sworn in? Mr. Grafton: No. Mayor Suarez: Madam City Clerk. t5 Vice Mayor Plummer: He was. Mayor Suarez: He says, he wasn't. The question is, was he lying? Is he lying when he says he didn't get sworn in? Please swear him in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Grafton: My name is Thorn Grafton, I live at 2814 Chucunantah Road, right around the corner from the subject property. There are about two or three k .lots intervening between my house which I purchased in 1981, specifically because of the character and the quality of the neighborhood. I am an architect and planner here in Miami, and this neighborhood is of paramount importance to me and my family, and also all of our neighbors who are very_, concerned about the quality of the neighborhoods I was very gratified with the vote of the Zoning Board, because I simply can make a simple argument. In the', shadow. of these two lawyers, I certainly can't say much about the legal E' argument but with respect to public purpose, I think I can say a lot.' Mayor Suarez: I am sure it will be easier to understand whatever it is you t say Mr. Grafton:, And from my point of view, the public purpose is simply, that., test is not met because of exactly, the "cracker box" terms and the kinds of setbacks two-story houses built on that lot would lead to. And we have seen examples on Tigertail and we are just very much concerned.about the density of the = traffic in a very special and very historic neighborhood, and simply on z the matter of public purpose, we believe that at this point, public purpose is not `seeved for the many neighbors in the area. Thank you. Mr. Price:- May I just inquire, Mr. Grafton?... F Mayor Suarez: Inquire? ft Mr. Price: Yes. Tye. Mayor Suarez:' What�'would he need to know from him? Mr. Price: Can -I just ask him what he dedicated... what frontage did, you yr°' dedicate for your home? r a rrt . Mr. Grafton: I did not dedicate any frontage'. Mayor Suarez: I personallyfind the s question irrelevant. If you want to. � answer it, go ahead. Mr. Grafton: No, I didn't dedicate any frontage. Mayor Suarez: OK. Commissioners, what's your pleasure? Let's move on the. �� 1 tear, , Yior3. Mayon Plummer: I'll move to uphold the Zoning Board, s 252 June 2�,#s Mayor Suarm So toovedv Zoning board voted whioh.wary? Vior Mayor Plummer: To, deny. Mayor Suarez beny. So moved. Commissioner-Dawkinst What now? Mayor Suarez: Move to deny the street closure. Commissioner Dawkins: Second. Mayor Suarez: Second. Any further discussion? If not, please call the roll. Vice Mayor Plummer: Mr. Mayor, just... I still would offer the same compromise. I would vote for the street closure if you voluntarily were willing to give a covenant stating that you would only in the future be bound fr to one residence on the lot. Mayor Suarez: I don't think they're going to want to do that. Vice Mayor Plummer: Well, OK. I can understand that also. Y Unidentified Speaker: It's all right. I can do that today. Mayor Suarez: Right. He can do that today. OK. Vice Mayor Plummer: Yes, OK. Commissioner Alonso: What? Vice Mayor Plummer: They can do that today, legally. Mayor -Suarez:,, Did we make the motion correctly, or not? Please help,us. Commissioner Alonso: Upholding the Zoning Board's denial. Mr. Rodriguez: The motion is to deny. You are not... Mayor _ Suarez: The -street closure.' . Vice Mayor Plummer: Correct. Mr. Rodriguez: Street closure. Mayor Suarez: What should have properly be... y � tz Ms. Matty Hiraii To deny. Upholding the Zoning Board's denial. Mr. Rodriguez: Motion denying. f Mayor .Suarez: ... OK.; y To deny. You've got it right. So � moved _to Second. Any, discussion? If not, please.call the roll, Mr. Fernandez: Because Mr. Mayor, the' reason you're denying i t, i s4 because 4 you are finding that it is not in the public interest, and it does not benefit ' the :public, Mayor Suarez: Yes. And for all the other reasons stated. Call the ro11..° asp Vice Mayor Plummer: Most obvious. It's in the property owner's interest,. not the public. 4' t. 1� x M 253 4)un , g MINNOW ry The following Motion wAs introduced by Vieb Mayor PIUMMOr, who moved its Adoptions MOTION NO. 91.477 A MOTION DENYING THE REQUESTED VACATION AND CLOSURE OF y_ A'PORTION OF COACOOCHEE STREET APPROXIMATELY TEN FEET BY 42.04 FEET IN AREA LOCATED IN FRONT OF, PARALLEL TO AND ABUTTING THE PROPERTY KNOWN AS 2740 AND 2742 COACOOCHEE STREET, MIAMI, FLORIDA. Upon being seconded by Commissioner Dawkins, the motion was passed and a adopted by the following voter AYES: Commissioner J. L. Plummer, Jr. t, Vice Mayor Miller J. Dawkins t Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner Miriam Alonso ABSENT: None. Mr. Price: Mr. Mayor. Mayor Suarez: Yes. j Mayor Suarez: May I inquire now that by denial of my road closure, my plat is automatically denied? Is that correct? Because my plat is conditioned on the road closure. Ms.<Miriam Maer: From my recollection of your plat, at'this point, you would - have to go back and revise your plat in order to come back without including that area that you had expected to be closed. You 'would have to revise your`: p1`at Mr. Price: But if I elect not to come back, my plat be deemed denied? Ms. Mae'r: Well, if your plat doesn't get to the City Commission meeting with ` it's` entire, you know, all the supporting documentation within a period of time, it then lapses, and you have to start over again, either way. Mayor Suarez: Thank you, counselor. Mr. Pricer OK. Thank you very much. .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i§ 86. FIRST READING ORDINANCE: AMEND 11000 TEXT - AMEND ARTICLE 4, C-2` LIBERAL'COMMERCIAL ZONING DISTRICT (PRINCIPAL PERMITTED USES) TO_PERMIT ' CONTRACTOR'S AND ROAD -BUILDING EQUIPMENT BY SPECIAL EXCEPTION - 'PROVIDE {` FOR OPEN `STORAGE` OF SUCH EQUIPMENT, BOATS AND VEHICLES (Applicant: Planning, Building & Zoning Dept.).' -- ------ --- --------- ----- -- --- - - ------------------- -- - -- -y Mayon Suarez: PZ-12- Contractors and road -building in ;C 2 ,equipment; districts. Who is ` here to speak in favor of PZ 42? I`s i t our own item? Mr. McManus: It's our own item. Mayor Suarez: Does anyone wishes to speak against PZ-12? i r Commissioner Dawkins; Move i t, g� 2. A 3 Mayor Suarez: Sir, the fact that you're standing right behind Mr. Minus,'." dots not mean that you wish to address this item, does it? Unidentified Speaker, No. I was trying to get a vote on PZ-10 to tell you the truth. Commissioner Alonso: Ohl t 254 any 20 lost _ � �� F f Lyon uof` ;r: MIAs five hAPT undred-and aiXty-eight. �p M(��nri �j6 McManus A conditional Use Would trigger a hearing before the Zoning hoard. is Vice Mayor Plummer! And here? { Mr. McManus: Commissioner, here, is referring to Class I which will be issued by the Zoning administrator. Vice Mayor Plummerr No, no, no. I think we should have... j Commissioner Alonso: And it comes back to us? S, Vice Mayor Plummer: Yes. Commissioner Dawkins: No. I have to agree with J.L. Plummer. s �s Vice Mayor Plummer: Yes. t r, Commissioner Dawkins: You know, it's just so much road equipment, or heavy equipment should be allowed You just can't let the builder or whatever, come in and just put so much stuff on the lot. Commissioner Alonso No. We don't want that at all. Commissioner Dawkins: That's right. We don't... Vice Mayor Plummer: That's why it should be a conditional use. Mr, Rodriguez:, Let me clarify then. Conditional use will come to you if it ' is a special exception, only if it is appealed. Otherwise, it will be acted i on by the Zoning Board, which is I guess, OK by you? Vice Mayor Plummer: That's.fine. Commissioner Alonso: OK. � - Vice Mayor Plummer: -But we still have under conditional use, the right of any, �4, Commissioner sitting up here... 5 Mr. Rodriguez: Sure. any Vice Mayor Plummer: at any time, to appeal that.issue to bring it here Mr. Rodriguez: Sure. t 1 Vice Mayor Plummer: Within, what' is it, fifteen days? iM Mr.McManus: Fifteen days. t Mr. Rodriguez: It's fifteen days. f ! Vice. -Mayor Plummer::Yes,-.OK. Mayor Suarez: So moved and second. Any discussion? If not, please call°the 1� roll. �rr f 1 Ms. Hirai Who seconds, Mr. Mayor? Mr. Maxwell: You need to read the ordinance.Y� 4 f`Y Mayor Suarez: Sorry? r a� Mr. Maxwells Mr. Mayor, read the ordinance. r Ms. Hirai-, You moved it. j Commissioner Alonso: Yes. ° k Ns. Hirai. And who seconds? Commissioner Dawkins,'t 256u1te0� . Commissioner Dawkins: If J 4s Plummer second it, if doesn't matter. Vice Mayor Plummer: Whatever, Mayor Suare2: Read the ordinance. Cast the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, C-2 LIBERAL COMMERCIAL ZONING DISTRICT, CONDITIONAL PRINCIPAL USES, TO PERMIT HEAVY EQUIPMENT, BUILDING MATERIALS, CONTRACTOR'S EQUIPMENT AND ROAD -BUILDING EQUIPMENT BY SPECIAL EXCEPTION, WITH CONDITIONS, AND PROVIDING GENERALLY FOR OPEN STORAGE OF BOATS AND VEHICLES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. -------------- --------------------------------------------------------------- 87. (Continued Discussion) CONDITIONALLY AUTHORIZE PROCESSING OF SPECIAL w PERMIT FILE NO. CLASS II-91-1717 RELATING TO PROPOSED RENOVATION AND CHANGE OF USE AT 2641 ABACO AVENUE, AFTER COMMISSION REVIEW AND APPROVAL OF LANDSCAPE PLAN (Owner/Applicant: W. Pinson Whiddon with` Power of sr Attorney for Vicki & Rexford Colburn and Teresa & Bill Whiddon)`':(See label 84). ---------------------------------- -------------------------------------------- Mayor Suarez: On PZ-10, we have agreement on the landscaped plan. Mr. Olmedillo: That is correct, sir. Mayor Suarez: OK. I'll entertain a motion on PZ-10. Commissioner:Alonso: I'so move. MayorSuarez: So` moved. ` Vice Mayor Plummer. Second. z .z Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 257 June 2{i,� The following moved its adoptidn! resolution Was introduced by Commissioner Alonso, who RESOLUTION NO. 91-478 A RESOLUTION, WITH ATTACHMENT, CONDITIONALLY AUTHORIZING THE PLANNING DEPARTMENT TO PROCESS SPECIAL PERMIT FILE NO. CLASS II-91-1717 RELATING TO PROPOSED RENOVATION AND CHANGE OF USE OF PROPERTY LOCATED AT 2641 ABACO AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), WITH THE REQUIRED REVIEW BY THE CITY COMMISSION OF THE LANDSCAPE PLAN HAVING BEEN CONDUCTED AND SAID PLAN HAVING BEEN APPROVED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed an 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. [NOTE: VICE MAYOR PLUMMER, CITY COMMISSIONERS AND STAFF, JOINED IN SENDING BEST WISHES FOR PROMPT RECOVERY TO CITY MANAGER, CESAR ODIO, WHO WAS WATCHING THE CITY PROCEEDINGS ON TELEVISION. ---------- - ----------------------------------------------------- -- -- - - 88. DENY PROPOSED FIRST READING ORDINANCE, WHICH WOULD HAVE AMENDED 10544 (MIAMI COMPREHENSIVENEIGHBORHOOD PLAN EMCNPI) FUTURE: LAND USE ELEMENT IN AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUE (I- 95) FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ-13. Mr. McManus: Mr. Mayor and members'of the Commission, this... Mayor Suarez: Ten was just approved. And I guess you are happy, so go donate some money to the church. 'PZ-13. ,s Vice Mayor Plummer: And sin no more,t 9 Mayor Suarez: And sin no more. That's a tittle tougher. Yes. Mr. McManus: Mr. Mayor and members of the Commission, this item has to do r with both sides of NW 54 Street between NW 2 and 6 Avenues, and was discussed h last month at your last meeting. The issues I believe, were explained to you basically, that the area traditionally had very liberal commercial zoning, it had been rezoned back last September to C-1, the Punning Department is proposing that it revert back . now to basically C-2 to amend the plan accordingly. At that point, the Commission had listened to,the'arguments:�on both sides, and I believe there was a... that you wanted tO go out and.look at the area along there, look at it and kind of review it in your, own 'minds I'd be happy to answer any further questions, but I think it's been... 258 June 200 — �+igtr Commissioner Al onto: Yes So what you are Saying is* go back to A status quo, don't ihterfereo leave itasit was, there was no..6 they didn't have any problems before, go back to the status quo. Is that what you are saying? Mr. McManus: `that's right, Commissioner. Vice Mayor Plummer: Let me ask this question. This was changed in the Matter plan? Mr. McManus: Yes. Mayor Suarez: Excuse me, J.L. Vice Mayor Plummer: What reasons... Mayor Suarez: Thank you. We need quiet in the chambers. - Vice Mayor Plummer: What reasons were used by the department into proffering to this Commission that it should be changed from a C-2 to a C-1? Because obviously, at that time, you recommended, you the department, recommended to this Commission that it be changed. And what was the reasoning at that time that you gave to convince this Commission that it should be done? Then my — second question is, what changed your mind to make it now... to be approved to go back to the C-2? So there are two questions. One, why did you change it in the first place?r Two, why are you recommending now it be changed again? Mr. McManus: Commissioner, I think, when we were recommending the change in the master plan, we were looking whole lengths of commercial streets. We were looking at 54th Street, the whole, almost the whole length of it, and we were looking at certain other areas which had been liberal commercial C-2, or whatever. And the idea was, that we thought by <changing the zoning:.t _ changing the plan, make it more restrictive, we would in fact encourage a higher type of use Well, we've listened to people, the property owners now in = this area and certain other areas, and they are saying, there is no opportunity, there is very little vacant land here. There are on1y.'nine lots that are vacant in the four block strip. That the uses that are there now, have been there for a long time. There is very little ability to affect any e kind of a meaningful change, and what they are telling us, they are saying` o us, :the Planning Department, what you are doing, is: creat'ing a situation:in 'shop r which:a person who is doing business, say it's a paint`and'body and'if he wants to expand, he can only expand it twenty-five percent of his business.: If something happens where he is burned out, he is going to find it very difficult to rebuild, so we put the present entrepreneurs in that area in kind s; of a straight jacket, where they don't see a long term future. And so that k; whey we are recommending... Vice'Mayor. Plummer: By virtue of changing for the master plan, did we put any. Fr of the businesses into a nonconforming use? Mr:.McManus: Yes. 4 v Vice Mayor Plummer: We did? -: s Mr. McManus: Yes. �}y� Vice Mayor. Plummer: OK. I went up there Sunday night, and I saw a lot of the places- up there that are for rent, for sale. It might Interest this5' -- Commission, that I was there Sunday night at eleven o'clock. As I,'drove 0641, the expressway, in 'front of 511 54th Street, Colombia Auto Parts.:. N Ms. Eva Back: `Columbus -Motors. rnm Mice Mayor Plummer: Columbus Motors. t' a� Ms. Back: We have been therefor twenty one years. Vice Mayor Plummer: I saw a car, cattywampus on the Sidewalk, and this is eleven o'clock at night', and I really didn't think a lot about it until T'got up closer, and in my mind said, this is not right. I put my window down and. then heard the burglar alarm going off, made a'Ujturn, came back, -and- found out that in fact, that car was ramming first, a gate with bars, second, 4 galvanized door: to burglarize that place. And I want you t4 know, that ,you t- L44*. r 259 June 200ggt�. °7 owe one a thank you, because it it hadn't been for me Making a U-turn, he would ,. have never haul baggage and buggy and that,.. M3. Batki 1 sure do. Thank you very much. Vice Mayor Plummer: It was unbelievable - that they were using a autorhobi l e... (Applause) Vice Mayor Plummer. ... oh, shut up... they were using an automobile to ram'A door. It was incredible. - On 54th Street. Mr. Kyle b. Akins: I own the auto parts store down the street, and hers isn't the only one that's been dons that way. They did mine that way twice. Vine Mayor Plummer: Well, I wasn't there when they did it. Mr. Akins: It's a depressed area. We are talking about a depressed area. Vice Mayor Plummer: I'll come back more often. Commissioner De Yurre: It that like an auto parts business? Ms. Back: Yes, sir. Commissioner De Yurre: No wonder he was using a car. He figured he would get the pieces to put it back together again. Vice Mayor Plummer: But Victor, you know what I couldn't believe - they have a door in the front which is all bars, OK? They rammed and used the car as a wedge to knock that door down, then use the car again to ram the galvanized door so that they could gain entry. It was incredible. Commissioner Dawkins: Now, what does that have to do with the zoning? Vice Ma yo Not a damn thing. z; Mayor Suarez: All right. i am not sure that this has anything to do with the zoning. Who do: we hear form first? - the department, right? You are making the proposed change? Commissioner Alonso: No, they are saying, going -back. h Mr..'McManus: Well Commissioner, I'd said that this... we -had coveredou`r presentation a month ago, and I had briefly gone through it. If there are any, _questions, likeCommissionPlummer's... Commissioner De Yurre: Now you're saying, basically, this is reverting to what was originally? x; Mr. McManus`: `Right. It's been liberal commercial I would say, for fifty. years. F Commissioner De Yurre: OK. Commissioner Alonso: And no one had problems. What... At least my posltipn is this. The commercial area was there before, no one had problems with.it, The residential area is there, very much alive - I visited some of the. homes, very well. kept, very nice. This gentleman's home, .i t"s beau ti f u 1 ». he V; i s landscaping; it's perfect, it's�a beautiful home. They existed, and there was k no problem. Let's go back to the status quo and let's not interfere. ';That's s� my feeling. That`is the way it should be.�' Mr, Akins YesWhat has happened here, is the City pitted neighbor against s neighbor. a Commissioner Alonso: That's right, Mcf-Akins: Business community against the residents, ? e Mayor Suarez: Ma'am, _40, m a ABC June 204 � ra -- a t uu ra r:tcnz�. xgaa^ X=11= .. - y -- .a. GS,i'X �.� k Mrs Akins: We word &11,,. Mayor Suarez: Wait a minute. Ma'am, why don't you just take a seat up front. Ma'am..s somebody from the City staff, help. Commissioner Alonso: There is an empty... there is one seat. F Mayor Suarez: That's what I just said ma'am. Why are you arguing with me? Ma'am, you who are walking around, would you please just take seat.up here's AQUI ALANTE POR FAVOR, AOUI TIENE UNO BIFN ALANTE. Sir, please. It doesn't matter where you sit, as long as you sit. Doesn't matter where you stand, as long as you stand. It doesn't matter where you live, as long as you live. All right. Somebody write that down. Commissioner Dawkins: You've got momentum on your side, leave it alone. Vice Mayor Plummer: No, you don't. Mayor Suarez: Well, we may. Let's see now. Mr. Akins: Mr. Mayor, as I was saying. Commissioner Alonso: He lives in the neighborhood. Mayor Suarez: Yes, we haven't ascertained anything. We are just stopping an argument here. Commissioner Alonso: He lives in the neighborhood. His home I think is on... Mayor Suarez: OK. Now, you are close. Who do we hear from first? - that's all I asked. Mr. City Planner, somebody. Mr. 'Rodriguez: We already made our presentation, sir. So now at this ' point... Mayor Suarez: All right. Now as to the two disagreeing factions,, does_ is make any difference? - it doesn't: Everyone who expects to testify, please raiseyour right hand and be sworn in. Even if later, hopefully, we won't have to hear from everybody. Just in case.iw F :�r AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NOS 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: OK. The people who want to have the what is it, liberal commercial? ■ Mr. Rodriguez: Liberal commercial; yes. Go back to the way it was before. Commissioner Dawkins: That's liberal commercial. 3 Vice Mayor Plummer: C-2.' Commissioner Dawkins: Not general commercial. }tY Vice Mayor Plum er: Call it what it is - C-2. Mr. Rodriguez: C-2. r fax'" p Would g uarez: ayor M'SRight. Wyou lease `address the Commission, ,.. ■ . y ion. Give `us your name and address and '`address the Commission. Commissioner Alonso: It was C-2 before? Vice Mayor Plummer; Yes. SL Ains. There is Mr. a misconception here which was the problem with the Iasi • meeting. Commissioner Alonso: And they have no problem with that? r _ Mayor Suarez; Give us the name and address, �f 261 +tunat?s 191 �} *w! 2 r yt ,� j +3P I. Mr* Kyle Akins. My name is Kyle Akins, my address is 900 NW 58 Terrace. I own'the auto parts store at 366 NW 64th Street, Mayor Suarez: Slow down please, Ms Akins: Where is a great misconception here which was the problem in the last meeting. I watched the last meeting, Mr. Mayor, and I watched you, even concerned with..,, no one... people were standing saying yes, for something they might have meant no, and no for things they might have meant yes. The problem here, or the... to try and clarify the situation, is that we are not - asking to upgrade the area to a higher grade of zoning. We are asking for what was taken - our property rights were taken away from us back six, seven months ago through the master planning. None of us were ever, for one, notified that this had ever happened. There are many of us that have contracts to lease or purchase properties there which was done prior to this dezoning, which is what has happened. And there are many, if I am not mistaken... I am sure there is a gentleman here who had purchased a property, or had the contract to purchase a property - went ahead and purchased the property... in the past six months, since he wanted to open the property... Mayor Suarez: Well, we will let him tell us about that, but we got the general argument. Ms. Akins: I will. It's... the argument applies to myself also, because I have a tenant in my property who is here now, and he is going to speak if need be - who is concerned about resigning his lease. OK? Mayor Suarez: OK. Should he be concerned about... Mr. Akins: You all are effectively going to put... Mayor Suarez: ... wait. Should he be concerned about that in the event that we don't change this back to C-2? Mr. Rodriguez: He will be nonconforming. And that means that... Mayor Suarez: Should the tenant have a problem in resigning an existing lease if we don't go to C-2, if we stay at C...? Mr. Akins: There is a situation... I... ;r Mayor Suarez: Wait. That's not directed to you. Mr. Rodriguez: If the use has not been abandoned for more than six months, he will have the right to continue. - Mayor Suarez: You can keep re -leasing to the same tenant as tong as... Mr. Akins: OK. I understand that but there is a... r Mayor Suarez: Well, you said he was worried. I want to make sure he issnot worried if he keeps his tenancy... Mr Akins: OK. To add to that, my tenant would, you know, Titre to do:other C-2 conforming operation. OK? i.g . Mayor Suarez: That's more of a problem. Mr; Akins: I have given them the right and the ability, because I am the r a� property owner, to do that. r, Mayor Suarez; Such as what? Give us some examples so that we can relate to this a little bit better, - that are not permitted under C-1.. ,4; Mr, Akins; OK Take a repair shop interested in expanding to do paint body... it's a large building. Mayor Suarez: What is the use now of your property that is rented to? Mr. Akins: Auto parts store and repair shop. The repair shop, I do lease run the auto parts store. The tenants have plans to expand their busin�s� i 262 June 204 t Sl r� n within the confines of the existing building, the plants are other D-,2 conforming businesses. They won't allow him to pull license for these other.o, for his expansion and his growth so that he can stay in business, and continue to pay the rent that he needs to pay me, to that I can pay the mortgage, so that we can all stay in business. Mayor Suarez: OK. We are trying to figure out here how the votes are stacking up, so we would know which side to hear from longer. Commissioner De Yurre: Well, let's say... Miriam... Mayor Suarez: Because we tried..o wait a minute. We tried to give the side that is likely not to prevail as much time to express their arguments. But we're not sure which one is going to... Mr. Akins: Well, I'll say this, you know, we've, everyone feels as though... Mayor Suarez: No, no, no. I was just... not directed at you, not directed at you. You've had your say. Mr. Akins: OK. Commissioner Alonso: These people existed in peace they had no problems. Commissioner De Yurre: OK. My feeling, like Miriam's is, is to revert back to what it was, because that's exactly what you have there physically today. Go back so they can retain the same zoning that they have had, like they say, for fifty years. That's my feeling - I think that's yours, too. Ms. Back: We are not asking to upgrade. Commissioner Alonso: And they had no problems. The neighborhood was there-, and the business was there. Mayor Suarez:Wait, wait, wait. They are just stating so we know procedurally which side to listen to more. My feeling is the opposite of him, so. Commissioner Alonso: Why? 7 Commissioner Dawkins: All right. The residents that are here, are we -,What side gives the residents - What can we do here Mr. City Manager, acting City w Manager... Mayor Suarez: To give some comfort to the residents who are here. Commissioner Dawkins: ... that will let the residents know that the time and effort -that they have placed in upgrading and maintaining their homes will remain the same? Now, how do I vote to do that? Mr. Rodriguez: The only thing i can ;think of, is that, if there was away to guarantee there will be no change of zoning... that we will-change-that:zoning line that exist there now. Because the properties have been... the use have been the same. There has been no change of use basically, since there was change of zoning. The use have been the same for the last several years. The property owners that bought in that area, the residential property owners that r bought in that area - I would say probably° most of them, bought knowing exactly the uses that were there now. We are not, by the action that we are 7 proposing of changing the zoning to C-2, we are not trying to introduce new t uses in the area. When you go to the area, the uses Are. basically 'for.C-2' ' nature. So the only way you can protect that will be by establishing some rf guarantee, there will be no change of zoning into the residential area; 41 .: Commissioner Alonso: That's it, z Ms. Back: That's what we want.. k nY ti is Mr. Akins: This is -what we want. Commissioner Alonso: And I think they all agree. Commissioner Dawkins: OX. We11, how...? 263 ,tune 209 1991 d - f +1 h y.la lF 'N'• � .Y 5 w j W°! +T, .i-i'N dx F5T2 Unidentified Speakers that i s not the pr•obl ern, and we know it ain't the problem. Mayor Suarezi OK. All right. We are going to have to hear from both sideso because there is no simple solution here. So, we will get to thou Mr. Akins: OK. Mayor Suarez: OK. Why don't we take, Madam City Clerk, hello... Unidentified Speaker: May i get a look at this, please? Mayor Suarez: Yes. Madam City Clerk? Thank you. We are going to take speakers for and against. For, meaning, going back to the old zoning which is C-2, correct? Mr. Rodriguez: C-2. Mayor Suarez: Against, meaning, staying in C-1. And give them each two minutes. Give the name and address. If the first couple of speakers want to go a little longer, that's fine, but please try to stick to a two minute limit, and then when it begins to get repetitive, I'll let you know, so we don't waste too much time. All right, sir, name and address. Mr. Atkins: Mr. name is J.W. Atkins, and I live at 555 NW 52 Street. I own the property of which you're talking about. The only thing we are asking, we keep up our property, we want our property to maintain the same. We don't want to have to move and go no place else. We have been there like this... say she had a... she owns there, she has been there for about twenty-one r.- years.- I've been there for almost thirty. We've been there just that long. We have worked hard, we have paid for this property. You know, I am a retired man, you know, I have no meaning to go. You know, I can't afford to get rid of my :house, and buy a house somewhere else, the cost of living today, so we want to stay where we are at. Thank you. Commissioner Dawkins: Mr. Mayor, let me ask a question. Mayor Suarez:: Commissioner Dawkins. "x Commissioner Dawkins: How many of you own your homes now without a mortgage? INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. a,, Commissioner Dawkins: Oh yes, I do.- I've been out there .as long as they��`. -have., I.don'.t owe nobody. I don't have no mortgage. r ,. Mr. Atkins: Yes.. Thank you. a k ` . ;. „._ Commissioner Dawkins. A11 right, now, you see, the problem is, if I had to • move, it would cost me two hundred -and -fifty` thosuand dollars ($250,000) to .. replace my, house, and -at : sixty-six years old, nobody is going to.-, give me o. 7 mortgage...t s Ms..Zack: Sir. ' Commissioner Dawkins`: ... so, I would have a problem with that. So! I wou'id j just like to�put that into perspective as talk. r Ms. Back: Sir I have... Mayor,>Suarez. Ma'am, he is making ;a statement. He has got A right to make; statement.. You don't to it. OK Your turn, in 1 need argue with any Ms* Back: OK. I am fifty-three years old, I worked twenty years',� rS t "A Mayor Suarez; Name and address, please, before you give us ,a11 theot�ier {>� vital $Utistics. Ms. hack; OK. It's 555 NE 15th Street, apartment 12C. I have work.egi w" s-nt 'a _ 5 . one years to build up a business. I started as tenaint, and Vbouht" s 264tUua?;,t H i„ 51 have six properties in this street in 54th Street. They were all toned When we bought theory C-S. For some reason I don't know why they are called now C-9 or C-1. They have been degraded to Cii. OK? I have worked... if'I am grandfathered into this property, I won't be able to sell any business as a business. I can work at the business as long as my husband and I own the business. If we want to sell the business, we cannot do it, because the City won't allow the next buyer to do what we are doing in that property. And that is taking away my twenty years of hard work, sweat and blood, OK? - and just throwing them away into the street. Mayor Suarez: OK. Ms. Back: And I am fifty-three years old, and I am not going to get any financing to start all over again. Mayor Suarez: Yes, go ahead, sir. Vice Mayor Plummer: Wait, wait, wait. Let me clarify the record. She could sell her property tomorrow, to someone who was operating the same business that she was operating without any problem. That nonconforming use does carry over to a new owner. The only time the nonconforming use is eradicated... Mayor Suarez: If it is abandoned. Vice Mayor Plummer: ... is, six months and a day. Commissioner Alonso: Or, if fire... Mr. Rodriguez: Right. Commissioner Alonso: ... can they rebuild? Mr. Rodriguez: The only thing is, if there is fire, they cannot rebuild beyond a certain point, and they cannot expand. Vice Mayor Plummer: No, they can't rebuild, and they cannot... well, they can expand up to twenty-five percent. Mayor Suarez: Right. Or any other natural catastrophy that destroys it All right. Mr. Walter Williams: People are... Mayor Suarez: Name and address. Mr. Williams: My name is Walter Williams. I live in the affected area, if that means anything. I live there, day and night. I breathe in the air, no matter what it is. Now, what we have been discussing, and I am insulted, that our Planning Department would come up with a plan, but he doesn't say nothing about the environment. Hell, the Zoning Department... their problem is'not to ensure that a landlord can maximize his possibility of getting :a tenant. That's not the purpose of zoning. Mr. McManus hasn't said one word about; will the air be cleaner in this neighborhood. Mr. McManus hasn't said, will this make the area look any better now. Hell, Mr. Manny Medina even have some vacant property 'he can't rent, but he isn't down here trying to lower the t zoning, and the quality of life. You've got buildings down town, half empty : the Centrust building, the other building, the Courthouse building is half empty. Let's rezone that and put homeless people in it. These people here A are not asking that you level the playing field, they are not asking that you give them an opportunity. What they are saying to you<is, give me Sodom and s Gomorrah zoning, so I will always have me a tenant. And that is not the business of zoning. The business of zoning is to balance the environment, �.. estethics, and all of those sort of things. And all I hear is, how I've been studying all these years now, and I'm going to be short on money. That is not your business. What about the people that live there? Now, just Jet me ay this. I saw a building, forty feet away from me. It went from a Methodist Church to a paint and body shop in six months. Now, something is wrong with that ! something is wrong with that. Now, people have been talking about misconception.- Let me tell you what the misconception is, because sooner or , later we are going to have to deal with it, whether you like it or not. The misconception, the unwritten law has always been, if you have some property in the black neighborhood, it doesn't make any difference what the zoning law 265 June 20t 1991 (r � 6 - says, you can always do what you want to do with it. This is what the problem is. This is the problem and we Might as well just admit it. You have some people that have some property in the black neighborhood, and they don't see why, like they have been doing for all these years, can do what they want to do with it. This proposal would not fly in any other neighborhood a this proposal would not fly. We had a... in the first place, he said like it was, fifty years ago. This neighborhood has never had anything goes in it. This neighborhood, fifty years ago, built the second white high school in bade County. And you know, let's leave the environment out for one second. If you took the limited space on 64th Street, and you fed that in a computer, the amount of space, and you put into the computer, this wide open zoning, it would fail. You don't even have the space. I am surprised Mr. McManus, that you all didn't rezone the Miami Arena for football. You would have to change all the rules, but you could play football there. It's the same way you will have to change all the rules on 54th Street. So what I am saying is, and I am going to cut it up, I can see how it's working out. But I want you to... I am saying to you right now, I am sick to my stomach. Mayor Suarez: As you do, please spare a... finish up, Walter. Mr. Williams: Yes, I will. I can only tell you what you already know to be true. That we shouldn't have paint and body shops all over a neighborhood where people have to live. That paint and body shops shouldn't be next door to an apartment building. Mayor Suarez: All right. Anyone further on the side pro the increased zoning of C-2? - so we could keep from going back and forth here. Mr. Edward Kaye: Mr. Mayor, my name is Edward Kaye, and I have paint and body shop - 246 NW 54th Street. Mayor Suarez: Please, please, Walter. Mr. Kaye: My farther stared this shop thirty-three years ago. I am running this shop for twenty-three years. My shop was there, before this, gentleman who is complaining about a black neighborhood, it was a white neighborhood. OK? I comply with all environmental regulations, and you know, it's definitely unfair that they should change a zoning that I've been there for thirty-three years, that if you know, God forbid, say, I got sick and I had to shut my shop down for more than six months, and I then I came back healthy, what do I have to show for that? - and you know, it's just the same thing we are,ali saying. We just want it back. We just want our zoning back to just the way it used to be. We don't want to upgrade our zoning. We just it back to the way it used to be, and you know, we've never had any problems with the people in the neighborhood before this came up. And that was it. Thank you. Mayor Suarez: OK. Ma'am. Ms. Lucinda McKenzie: My name is Lucinda McKenzie, and my address is 5528 NW 3rd Avenue. I am a new neighbor in that neighborhood. I bought my home in 1989, and I don't feel like I should have to move and go somewhere else, because at my age, I won't be qualified to get a mortgage on my home. I,got my mortgage through my two daughters, thank God for that. And I feel good in the neighborhood, because it's a nice neighborhood to be in. I have a nice home, and I'll try and do my best to stay there. And I would l ike: for the zoning code to be the same. Mayor Suarez: All right, ma'am, thank you. Sir. as Ms. Charlayne Thompkins: Hi, my name is Charlayne Thompkins... Mayor Suarez: Either way. Ms. Thompkins: ... and I am the owner of 595 NW 52nd Street, along with all of my sisters, where my Mom resides, and also where we grew up over thirty years 3 ago, in that particular neighborhood. The businesses that are in that area have been there for some time. I would hope that the Commissioners would vote for it to remain as it was, do not liberalize it, I don't want to wake up one day with my Mom, who is seventy-one years old, ands$omeone is trying to burglarize a business next door to it, because they bought next door to here, and they could put a body shop next to her. I want it to remain the same as it was - and that is tolerable. Thank you. 266 ,dune 209 1��8� Mayor Suarez: Right, sits. Mr. Roger Cuteldo: My name is Roger Cuteldo. I am at 405 NW Both Street, which is Biscayne Concrete Pumping. We employ approximately a hundred -and- forty-five full and part time employees. Out of that, ninety percent of them live within the area. Sixty of them walk to work, take the bus, or ride their bikes. We need this C-2 zoning so that we could expand on the existing lots that are there. If we can't expand, we have to move out of the area. If we move out of the area, we are going to put sixty employees out of work. Our work that we do is concrete pumping, and concrete finishing. We cover an area from Key West to North Palm Beach. We earn our money outside the City of Miami, bring it into the City of Miami, and disperse it among our employees that live 'here. The money goes back into the community. We don't take anything out of the community. We put into it. But with the zoning the way it is, if they do not upgrade it to C-2, we will have to move. This is not a threat, this is something that we just have to do as far as business goes. Mayor Suarez: OK. Mr. Cuteldo: And that's all I have to say. Mayor Suarez: Thank you, sir. Anyone else? After... we've heard the same arguments over and over again. What we will do is, please, show of hands of all those who agree with one position versus the other, so we just don't repeat, and of course, we will take the names and addresses if you'd like. Mr. Akins: I've given my name and address. Mayor Suarez: Yes. Wait a minute. We're not going to keep hearing from the same people over and over again? Mr. Akins: No, I want to... give me one moment. Indulge me, fifteen seconds. Mayor Suarez: Well, we will at the end but let me hear from people we haven't heard from yet. Mr. Akins: OK. Mr. Herbert Clemons: Good. Mayor Suarez: Yes, sir. Mr. Clemons: Mr. Mayor, my name is Herb Clemons, I live at 5300 NW 5th Avenue. I am right in the... where they are talking about. Mr. Mayor, I've just paid for my home. I spent thirty thousand dollars ($30,000) for improvement, and I love the neighborhood the way it is, but if you zone it for commercial buildings, I am afraid that we won't be able to stay there. Mayor Suarez: OK. Mr. Clemons: You know, for the crime and everything. Right now, we get... rightnow, as the gentleman said before, we were out here before. We get garbage pickup two times a week, we get the heavy trash pickup one time a week, and we keep our neighborhood looking good. And if we bring those big buildings there, I am afraid that we will downgrade the neighborhood. Thank you. Mayor Suarez: All right. Let me ask a question. Having heard his statement. All the people who are here in favor of that position, please raise,your right hand, or any hand. Unidentified Speaker; People of what position? Mr. Clemons; People of what position? Mayor Suarez: Of his position, Of keeping the lower zoning, C-1. OK. All who are in favor of the C-2, the higher zoning? OK. Does anyone else from that group want to.address us? Mr. Ernesto Wong, Mayor, If I may.., may I... because... 267 ,Tune 2010 1991 r6xi^`h •F' - ,. F Fd rA+ jF^r+.we,Mr +tWi3.a}r i� N } �._ {.ow. 'it S ¢�p+*�'�, - u Comissioner Dawkins: OK. Out no, hold it, hold it. Of the persons who raised their hand, who want the 0-2 zoning, who live in the area, raise your hand. Unidentified Speaker: These people don't live... they don't live in the areab Commissioner Dawkins: Thank you. Mayor Suarez: He has a right to know who lives in the area. Anyone who wants to be as identified as taking a position, or for or against something, we have a right to know if you live in the area. Yes, go ahead, sir. Mr. Wong; First of all. My name is Ernesto Wong, I own property at 535 NW 54th Street. I want to thank first of all, Commissioner Alonso for coming out a couple weeks ago and meeting with us in a very informal, very difficult meeting at a street corner. At that time, we decided to join forces, and form a business association. We hope that in the future when we meet again with her, and you, Commissioners, it will be under more pleasant conditions. We would really want the best for the area. We are property owners, we are commercial property owners, just like the people that own residential- property, are residential property owners. We have the same interest - the same, identical interest. We suffer the same problems, same crime, the same nuisance, the same, identical problems. We may not steep in the community, but we depend on the community. When we leave our shops sometimes at nine, or ten o'clock at night, we depend on the community. I have had calls from the neighbor across the street when they tried to break into my shop. So, I appreciate what Commissioner Plummer did. I have had a call from Mr. Williams. I had helped Mr. Williams as a neighbor. We are not in disagreement with the neighbors. We -want to work with the neighbors. And what we are asking is, that the blunder that was made by the Zoning Board, be rectified. As a matter of fact, we are not even talking about C-2. What we are talking is, about going back to what it was before, because at that time, it was when people purchased their property. Very much like if the residential property owner were to buy an R-2 zoning._ And then, is to... Mayor Suarez: You know, let me say this. We've heard that argument. We've heard the argument that you previously had C-2, and now it has been changed to' 9 C-1, and maybe, it will go back to C-2, I don't know. Mr. Wong: Mayor... Mayor.Suarez: People don't have a, right to have the same zoning forever.., out we have heard the argument that, you are entitled to serve some sort,, :of presumption. in your favor - maybe, that's what your are arguing. But, it's getting repetitive, and we have other items to hear tonight. Mr. Wong: Mayor, I don't want to be repetitive, but instead of all ofl_.us speaking, business people - you know, we were never: consulted. We were never even given the right to appeal. We didn't go through the process. Mayor Suarez; Well, you're given the rights right now. You are airing it.. Mr.:Wong: You changed our zoning without even given us an appeal. Mayor Suarez: We haven't changed it. OK? Mr. Wong: We never had an... we wanted to bring our attorney here and represent us so we wouldn't have to have ten people talking and saying, we -are h r: from Met Construction. Mayor, Suarez; We would have lowed for your to be represented by an attorney. { so we wouldn't have to hear from... Mr. Wong: OK. He is an individual... for instance, Mr. Ashmore who is d n f property manager of residential property, who is in favor of going back to the.. -' original zoning. k Mayor Suarez; Right. MrsMORI Wong: 'that's all we are asking. We are asking to be given what was taken from us. "that's ail . Mayor Suarez: CK. No one has a vested right to have the same zoning forever in the City. I just want to... Mr. Wong:- Ail right. I understand that. Mayor Suarez: i want to make sure people understand that. Mr. WongtOK, I understand that. Now, as far as problem... Mayor Suarez: Not Manny Medina, not anybody else. I mean, if we wanted to change... Mr. Wong: I didn't mention any names in that area, but as far as the neighbors is concerned, they're concerned about pollution. I agree with them. OK, That's why we have the laws in the books. That's why we have different departments and whenever a building expands or whatever, they have to meet those codes. And at that time, every businessman should be... should have his issue addressed and brought to the Commission. Mayor Suarez: OK Mr. Wong: I don't want to say anything else, but that's basically our point.' Mayor Suarez: OK, anyone else on either side at this point that is going to say something new. Ma'am, why don't you get a little closer so we can hear from you? Mr. Akins: I have one thing new to say. It seems as though, like you said, we are all fighting the same thing... Mayor Suarez: No, no, no, not you yet. You can wrap up if you want at the { end. You're kind of acting like the leader of the gang there.' Mr Major Threalkeld, Jr.: My name is Major Threalkeld, Jr. I live'at 498 N.E. 50th Terrace, and 'I'm a young man and I'm'very interested in becoming a future businessman in this area. I grew up there. I was -there all 'the time - When I was little, and there has never been any problems between the property r owners and the residents. We've got very many friends in that community; -'and there's.a sort of a ratio, it seems like we've got close to 50 10 80°percent of the property owners. And it's a huge neighborhood, and there aren't many x residents`'for the size'of the neighborhood. And - also in this new ordinancey they say that there's'a twenty... you're grandfathered in'for. twenty :years: - 'I Im investing my time as a young man pursuing the trade that L will -be using,` in- that area.' In' 20 years I will be in my prime and they' l l V' be cutting,,joy. head off. That doesn"t seem too wise for me. .That's why Pm going -'`at this: And the one lady mentioned the crime being happening i,f they open a store -"next to - her store. It seems there -would be more prevalent if Lit was a`C-i?type shop where there will be goods that could be hand carried away, rather than ;if }$ it was a C-2 type area where they're not going to carry away full sized engines. Mayor Suarez::The crime argument goes both ways. If you... a s� `i Mr. Threalkeld: I don't -think that's' relevant'. r; Mayor Suarez: Depending on how this ends up, if you had a situation .where for, whatever reason, we ended up with the wrong zoning, and the buildings ended up empty, then you would have even more crime, because.., but you ,can . 'also -attract crime by having the wrong kind of a business too, and, of cour's+a � pollution and so on as stated before. OK, anything else? x Mr. Threalkeld: I've got an atlas here from 1970 where it's been C-5 for that whole time. Mayor Suarez: All right, that's useful.., Mr. Threalkeld! Thank you } A 1 269 dune N Mayor Suarez: ...and it may be can be introduced into the record if you would likes Although you might want to keep it too. Ma'am6 Ms Rita Janay Myers: I'm Rita Janay Myers. I have a tenant at 501 N.W. 56th Street, Connie Balfour has been there a long long time. Personally, I was really gratified that we're C-1. I'm tired of encroachment, I'm tired of filth, I'm tired of dirt. I'm tired of people working until 11:00 o'clock at night, I'm tired of strangers that work in the commercial section running through or driving through the streets. I am quite tickled that we're C-1. And the property that backs up to 54th Street - on 53rd - these people have spent their entire life savings making their property what they want it to be. I am a property owner. To me, it's an investment. But this is their life. Now I had two buildings, at 6738 N.B. 2nd Avenue and at 6201 N.E. 2nd Avenue, Knight Center and Saxon Park. When you allowed commercial encroachment, I was forced to sell. Because even though you say crime goes both ways, my tenants weren't safe. Now this is a little old lady. I want her to live there the rest of her days. Thank you. Mayor Suarez: Sir, go ahead and wrap up for your side, and then we've heard, I think enough, from the opposing side. Mr. Akins: Mr. Mayor, Commissioners, I don't think any of us... Mayor Suarez: Somebody wrap up, that'll be fine too. Mr. Akins: I don't think any of us as businessmen and women want to or are asking or have asked to move anyone out, any of the residents out. That's not an issue. It hasn't been an issue, and it being an argument, it isn't even relevant to the issue, because no one... it doesn't apply. No one has ever asked, no one has ever tried to move. We're not looking to encroach upon the residents in the area. Those people who have these houses near - closest to the area, closest to the 54th Street, fronting 54th Street - when they bought these places, they bought knowing that they were buying next to a C-2 zoned general or liberal zoned property. If I go out today myself and purchase a house, and I purchase a house that is just off of a main thoroughfare, I know what I'm buying. Generally, those properties are cheaper properties, which is probably the magnet. I know what I'm buying. If -I choose to move into a depressed area,' a seriously depressed area of which we have a few around the City, I know what I'm buying. I know where I'm going. The commercial.area has been there, as Mr. McManus and the zoning and I'm sure we all know who have lived here. I'm 33 years old, and as far back as I can remember whenI was a little boy - this is my mother - as far back as I can. remember, all ; I can think of, which is one of the reasons I've wanted that property on 54th ?' Street, because it was commercial . I wouldn't have gone into a residential area and asked to put in a commercial type business. Zoning wouldn't allow it for one, and two, the magnet to it was always, in my eyes, that it. was { commercial. I don't know why the rug has been snatched from up under us, becausethatis what has happened. Our property rights have been taken away from us. And I'd just like to leave it at that. Thank you,, Commissioner Alonso, for coming out and meeting with everyone on both sides. Thank.you, Mr. Plummer, for driving through and taking the time to view the area.. Thank you. Mayor Suarez: All right, thank you. That may, or may not win you two votes. Commissioner Aionso: Mr. Mayor... Mr. Williams: Yes, just briefly, I -just want to say that I want the record to know that... Mayor Suarez: Please, , everybody. _ Mr. Williams: I want the record to know that the advisory board, the zoning and advisory board, that these men and women appointed to review this matter, voted nine to one in our favor. And one other question. Will somebody pleas*e tell me... Vice Mayor Plummer: You're wrong. r Mr. Williams: Yes, it was, sir, it's right here. Vice Mayor Plummer; It's nine to zero. 7g June 204g .1`'v'�e�ryq Mds..+nih } ` T- "'R`. a4u^ T,'•+9T.''Mi t� fwi.x X.5.. fir. Williams: Nina, xero,`thank you. And I want someone to tell me when WAS the last time in the City of Miami that the City Commission reversed e unanimous decision from the Zoning Ooard? It doesn't happen every week. ;And we'll see everybody in court if we have to. But t want my supporters to know that we will have a chance, win, lose, or draw, there is reviewed, so if we lose tonight, we still got a chance in the courts. Mayor Suarez: OK, well thank you. All right, Commissioners... Commissioner Alonso: Mr. Mayor... Commissioner Dawkins: Yes, I have a statement to make. Mayor Suarez: You going to yield to the... Commissioner Alonso: No, no, no, let him do it. Mayor Suarez: All right. Yield to Commissioner Dawkins. Commissioner Dawkins: OK. No, I thank J.L. Plummer too for coming -through. I thank Miriam Alonso for coming through. But Miller Dawkins lives there. I go down that street everyday going to Publix on Biscayne Boulevard. I come back down that street everyday going home. I go down that street everyday going to buy fish on Biscayne Boulevard, and I come back down. So I didn't come out there like J.L. Plummer eleven o'clock at night to see what was out there. Nor did I come out there one day like Miriam Alonso to meet you on the corner. So whether you thank me or not for coming through there, I come through there more often than they do. Unidentified Speakers: Thank you, sir. Mayor Suarez: Now that we've established who goes through the neighborhood more. Commissioners, on the issue at hand. Commissioner Alonso. Commissioner Alonso: Yes. I find that this issue is a very difficult issue. And I would like to ask Mr. Sergio Rodriguez and the administration to come up, :perhaps, with some suggestions. If I look at the people who are; in the r area, y , some themr,many.many years, commercial a I r hem.00k with tnd turn andIlooked�tothe neighbors, and I see I:sympathizewit { that they purchase their homes is. the most important thing that they own,.and I'feel very" strongly about them.. I thought, and I inquired from. the administration, what could be the solution that we respect the; commercial area, and at the same time, we respect the neighborhood that is so .important.,. to us. .I was -'told, go back to the status quo. and nothing will, happen. wi'11 be the situation `as it was before the City of Miami intervention, and: the problem that we 'see we have here tonight. I'm not sure that's the answer. Listening to all the explanations tonight, I'm not sure that that's the answer. If I say that's the answer, I will be affecting one or.. the::other..._ C[ And.that''s not what I was told and made to believe that that was the answer to . the problem. Actually, if we'go back to five years ago, most ,of them probably bought their homes more than 'five years ago, and I thought that, Was the situation that we should go and accept. `Then I'm told. that's not ;the right,. way, by the.. comments''` that I hear from` the neighborhood tonight. That is the answer then? They didn't have a problem. They were able to live with each other before we went in and changed the.zoning. They had no problems. They might have once in a while a code ` problem that is something that the City of Miami can address, but we have created this, problem. Why do we go 'around neighborhoods creating problems and then coming to us and asking us to make a ' decision that either way we know we are affecting their lives? It's, a, Yery difficult' situation for us. Mr. Rodriguezr I agree it's very difficult', and I ... ,the idea, it was nat.t41 place in a difficult position. When we presented this as a change in February of 1989, or two years ago, we obviously thought that was the best ' recommendation we could give you. In reviewing it, we realize it was,a mistake. 'And we felt that it wasn't right to take away what had been there for a long time. I realize the situation you're facing, because I.,, the concern that I think the neighbors are expressing, they're afraid, I believe, that the businesses will continue expanding into the residential vea., Commissioner Alonso: Expand into their neighborhood. Zit JuneQ, I901 t 4 Xlk p Mr, Rodriguez: The zoning that is being proposed is following exactly the same lines that were there before. the zoning that has been proposed by the administration doesn't go into the residential area any more. I don't know if that's clear to the people from the area, because of the notification that we sent in the circles that we tell them, you know. I don't know if that's clear. I think it's clear to some of them. I'm not sure if it is clear to everybody. But the zoning follows exactly the same tine that was there prior to two years ago. We realize we made a mistake. Once we realized that we made a mistake, I think it was only proper for us to bite the bullet and bring it back to you. The only thing I can offer to you now is that if you want to make sure that there will be no expansion into the residential area, which, by the way, is very well kept and very nice - we went through the area several times, you know - is that the zoning be granted minus one foot all around the areas which are adjacent to residential. In that way, you preclude any expansion of this zoning into the next area. But again, the administration recommends that you give the C-2, general commercial, to the property as it was previously. Mayor Suarez: All right. The Commissioner's question is well taken, because what it illustrates, Sergio - and I hate to have to say this because I think you mean well and you're surrounded by professionals who also mean well - is that so often it seems like we have things that the department has done that we wish you hadn't, and that you initiated, God knows for what reason. Other times, it seems like you're not really really carrying out the simplification of the zoning code that we have wanted. And I don't know, I don't understand it. I don't understand how come it is we can't give you clear signals up here that you will follow. But we do have this matter before us. I'm not sure that even if this hadn't happened, we wouldn't be here today, because possibly the neighbors would have said, you know, we really don't want to have automobile body shops here and we would like to downzone, and we would like to protect our homes. And you would not necessarily like that, although you're protected to some extent by the grandfathering and the nonconforming use and, in fact, I found out today - I didn't know this - that as long as the tenancy remains the same, you can even change owners. So you can sell your business, and still regain a profit. I know how I feel about it. Although the factors being equal, you're all good people, you all want the neighborhood to stay in good shape. All other factors being equal, I'm going to go basically with the residents, because I think they have more at stake, but I understand that your position too and so, you know, I don't know. I think we just have to vote. Commissioner Alonso: Yes, may I ask a question. If I wanted to protect the neighbors, and I say I have to make a decision, for difficult as it is' we will have to make a decision, I say I want to protect the neighborhood. we can I guarantee to these people that they are going to have their business in that place, and I think it's only fair that if they've been there for ,so many years we give them guarantees that they can maintain the business that they have. Mr. Rodriguez: The only way you can guarantee that will be by giving the zoning.that was there before, -and the comprehensive plan designation that was there before. Other than that, the only guarantee that they have is that if they don't change... if the use is not abandoned for more than six months, that they continue the use. But that's the limitations that you have, I'm afraid, y Commissioner Alonso: No other alternative? Mayor Suarez: All right, under the existing code. Mr, Rodriguez: I will look for other possibilities, and we couldn't find any. Mayor Suarez: Commissioners, what's your decision? -motions, one way or the other? If we want to retain the lower classification, which is the existing one, right? Right now, C-1? Mr. Rodriguez; C-1. Mayor Suarez: Do we vote for or against this? Mr. Rodriguez; You have to recommend against the Planning and Building and Zoning recommendation. 272 June 20, 1991 FIN 2W Mayor guaren OK, and obviously if we want to have the higher 'ciasslfication... Mr. Rodriguez: C-2. Mayor Suarez: ...then we vote for the recommendation. All right. Mr. Rodriguez: Right. Roth cases in the comprehensive plan amendment and the zoning. Mayor Suarez: For is higher zoning, and agiinst is lower zoning. All right, does anybody want to make any motion one way or the other? Joel Maxwell, Esq.. The ordinance before you now is a comprehensive plan change. That's the first one. �ry ti Mayor. Suarez: That's right, you were going to point that out to me that most of these arguments have been directed more at the... y Mr. Maxwell: At the next ordinance which is a zoning amendment. The item before you now is a comprehensive plan amendment. Mayor Suarez: But, obviously the arguments are relevant to both in general, Mr. Rodriguez: So, basically, I think what he's telling you is that you have... if you want to go for a lower category, you have to vote for restricted commercial. If you want to go to a higher category in the first Item, will be :for general commercial, which is like the C-2. Mayor Suarez: All right, on the item before us, which is PZ-13, right? What is the motion? Anybody want to make a motion? I don't know how the vote is going to.come:out up here, so... Commissioner Dawkins: I want to see what all these people - are going to say ;. who.had everything to say. I want to see how they're going to make a motion. Commissioner Alonso: I'm going to:.. Commissioner Dawkins: I move that we go to the restricted master plan or whatever, andgo' back to C-1 because I feel that although everybody owned a g; their property" and even the business people, I feel that, as the gentleman said, -nobody has told anybody to move.` But as you get older, you look fora ' state of tranquility, and when that state if you don't find it - and that state orris:that state is* changed, you 'have 'to, as you get older, move becausew that tranquil com unity that' you were in is no longer tranquil And so -you:: move. And as the gentleman said, nobody asked you to move, but-'because::`for i your - health": and welfare and for mental health, you move. So, therefore, I L t move that it be for the restricted whatever... Mayor Suarez: Restricted commercial. r Commissioner Dawkins: ...restricted commercial. � Mayor Suarez: Which, in this case, is a move to deny the application of, PZ 13. Y Commissioner Dawkins: Yes, um hum., j Mayon Suarez: Do we have a second' on that motion? Is there a second on the z # motion? If not, I'll second it. Mr. Vice Mayor, Vice Mayor Plummer: I was scared you were going to do that. The motion. i 4i made for,: I guess,: the simplest language is 'that"'Itremain Cal, Ih4 correct? All right, is there any further discussion among,t.i Mri Maxwell: � W. sir, no sir. ! �# Nr.,Rodriguez: No. To'remain to restricted commercial becagse�: . _ a � ,.: Ls Mr: Ma:cwoi l :' To remain restricted commercial . ; _t Est 273 June 904es , 0 rp? { Vice Mayor Plummer. As it is right now. Mr. Rodriguez: ...it's comp plan. As it is right now. Commissioner Alonso: And they tan function as businesses as long as they don't vacate the property, the use, Mr. Akins: Can I ask one question? One question of zoning. If wet the business owners, decide to sell to any other conforming C-2 type business, can I sell my place to say like a construction company or a roofing company or something else which is C-2, outside of auto parts and repair? Mr. Rodriguez: I think the restriction apply to the existing use that you have there, which is a nonconforming use. Commissioner Alonso: The kind of business that he has now. x Mr. Akins: In other words, can I... we cannot sell to anything other than ` what it is that we are currently operating as? Mr. Rodriguez: Either that or what is permitted under CR-1. You can only use in that property the permitted use of the property... Mr. Akins: As is. Mr. Rodriguez: As is, which will be CR-1. Or the existing use that you have now, which will be nonconforming. Mr. Akins: So if I chose to sell to... or if I looked for the market of some other C-2 conforming, I may as well not look... you've closed my market for sale.' Mr. Rodriguez: That was correct. Commissioner Alonso: They cannot ask for changes or anything. Mr. ,Rodriguez: No, the only thing they could try to ask for will be if there were enough properties to ask for a change of zoning again as personal applications. Commissioner Dawkins: By the same token, sir, may I ask you? Mr. Rodriguez: Sure. Commissioner Dawkins: If I had,a home over there and the higher unrestricted commercial use came in, would that lower possibly the value I would get for my home, or wouldit` increase the value 'I might get for my home ':because more commercial has'been"put.around my home? i Mr. Rodriguez: I. really cannot answer that well because the use is already, the... 1 Commissioner Dawkins:` Well, you answered his. al h bra Mr. Rodriguez: Because .I could.. But I could answer..-. Commissioner Dawkins: You answered his. r Mr. Rodriguez;,.The only thing I; can tell you of that is that the property....,' r' the use is there now, so... z� { Commissioner Dawkins: The home is there now. w Mr. Rodriguez-. ' g Right, that's what I m saying. And also the use is al there so that shouldn't be an effect on the property. Commissioner Dawkins: Thank you. :Vice Mayor Plummer: Let me ask you a question, Sergio. I heard someone over there state that they, in fact, were operating,a paint and.body shb, Am correct in that? ply. Yett in looking at the book,; it says that!paint'and body shops are not even a permissible use in C-2, is that correct? ; n k z a x � Mr. Rodriguez: Let me see, one second. Mr. Akins! They were 0-5 at the time. They were C-5 at the time that... Vice Mayor Plummer: What is permitted in a C-2... Commissioner Alonso: So it would not... Vice Mayor Plummer: Wait a minute, wait a minute. What is permitted tell me if I'm reading correctly L permitted principle uses. "Retail and service - uses in C-1." In addition, it says, "Repair service establishments, including appliance repairs and office repairs, repair garages, repair of heavy equipment and machinery, but not paint and body shops." Conditional uses are on the back. Is that a conditional use? Mr. Rodriguez: Keep reading.... Vice Mayor Plummer: I don't see paint and body shop there, is it? Automotive paint and repair service. OK. So, in other words, the only way they could have it there was with a special exception. Mr. Rodriguez: C-2. In a C-2. Vice Mayor Plummer: Or conditional use. OK. Commissioner Dawkins: He was grandfathered in from the C-5 area, I think, J.L. Vice, Mayor Plummer: OK. Mr. Akins:; Those which were there presently. Vine Mayor Plummer: It used to be C-5 at one time. All right, is there any further discussion among the Commission? The public hearing is closed. Any discussion among the Commission? Motion understood? Call the roll. This .is - on the first item which is item 13. Mr. Rodriguez: Thirteen. The following motion was introduced by Commissioner Dawkins, who moved its adoption: z. MOTION NO. 91-479, A .MOTION TO DENY PROPOSED FIRST READING _ORDINANCE WHICH WOULD HAVE AMENDED ORDINANCE 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN) FUTURE LAND USE BY CHANGING ZONING CLASSIFICATION. IN THE AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUE 4 (I-95) FROM RESTRICTED COMMERCIAL TO - .GENERAL COMMERCIAL. r Upon being "seconded by Mayor Suarez, the motion was. passed and adopted' by the following vote: AYES: Commissioner Victor De Yurre �k Commissioner Miller J. Dawkins{'Al Commissioner Miriam Alonso w� Vice Mayor J. L._Plummer, Jr. 4j Mayor Xavier L. Suarez to NOES: None.' XW ABSENT: None, COMMENTS MADE DURING ROLL CALL: T Commissioner Alonso; As stated before, I thought I could go and go back to, the status quo and find a solution that was acceptable t4 both the bu$ineOtt ss 275 June '210 toot . yi'rk 4 L Y. 5 area AS well as the neighborhood. Due to the circuMstanoes, I was informed in a wrong way. Therefore* t have no options. I have to support the neighborhood. I Vote yeas - —lY:YY-YiiitiYwlrl--irw.yLY`iii-----iLff.iiw,li ilLiGYliil'ri J'iLii�YiYiaY'iiii'YY ii iYYYP •� 89. DENY PROPOSED FIRST READING ORDINANCE, WHICH WOULD HAVE AMENDED 11000 TO CHANGE CLASSIFICATION IN AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUES (1-96) FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building A Zoning Dept.) ------------------------------------------------------------------------------ Vice Mayor Plummer: Item 14, is that now a mute.... r= Mayor Suarez: Do we need to take up PZ-14? Joel Maxwell, Esq.: No, so you have to take it up. Mayor Suarez: OK.. Mr. Maxwell: But your vote should be... Mayor Suarez: A compatible motion would be what? Just simply. Mr. Maxwell: To deny. Mr. Joe McManus: A motion to deny. Mr. Rodriguez: Deny. Mayor Suarez: I'll entertain a motion to deny PZ-14. Commissioner Alonso: For what....? Vice Mayor Plummer: For 14. Commissioner Alonso: Fourteen. Commissioner Dawkins: So move. Mayor Suarez: So moved. Moved by Commissioner Dawkins. Seconded by anybody?< - Commissioner Alonso: Alonso. i Mayor Suarez: Alonso. Call the roll. Thank you. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-480 A MOTION TO DENY PROPOSED FIRST READING FOR ZONING`' ATLAS AMENDMENT TO ORDINANCE 11000 IN AREA FRONTING BOTH SIDES OF N.W. 54 STREET BETWEEN 2 AND 6 AVENUES (I-95) FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL. Upon being.- seconded by Commissioner Alonso, the emotion was passed and ,• adopted by the following vote: AYES: Commissioner Victor De Yurre k; Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez g NOES: None. AENTi None, 276 June 20, 199 90, SECOND READING ORDINANCEt 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 AND CERTIFICATES OF USE AND OCCUPANCY - AMEND SECTIONS 2208.1 AND 2208.2, TO EXTEND TIME LIMITS FOR BOARD RECOMMENDATIONS TO CITY COMMISSION (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ-15. Mr. Guillermo Olmedillo: PZ-15, Mr. Mayor and Commissioners, this is the time extension which was given because of the projects that were delayed in the process, like Chinatown, and this is the second reading for the amendment to the zoning ordinance. Mayor Suarez: OK, I'll entertain a motion on... Vice Mayor Plummer: But why? I mean, you know, how long are you going to extend this? Mr. Olmedillo: To December... Vice Mayor Plummer: How many times are you going to extend this? It's already been extended once. Mayor Suarez: What do you think? Can you give us some comfort here that this actually is going to happen, and we're not going to have to keep waiving all kinds of... I mean... Vice Mayor Plummer: You know, it makes no sense to me. You came here... Mayor Suarez: I don't even know why I asked you guys. I know what you're going to tell me. You're the biggest pessimists in the whole world. You're going to look at me like you're looking at me, ah, this probably won't happen. Maybe Guillermo with that smile... Mr. Olmedillo: We gave the longest time up to December 31st of this year, and in addition, a 180 days to obtain the building permits. Mr. Rodriguez: Chinatown. It's Chinatown. Mr. Olmedillo: We met with the different developers of two, at least two particular pieces of property, that were under these conditions. They said that they had ample time to meet whatever requirements there were up to December 31st. We chose December 31st for expediency, because it's an easy date to remember. Because it's the close of the year. It's something that looks rational. i Mr. Dawkins: Move it. s., } Commissioner Alonso. And because there is a project that is pending in the northeast that could present jobs and opportunities, I second. Mr. Rodriguez:- Remember Chinatown? Remember Chinatown, Tora, Tora, Tora? Vice Mayor Plummer: Excuse me, I'm going to speak against it, OK? And the reason I'm going to speak against 1t is simple. You came and you urged this t Commission to adopt the 11000. Now you're saying, hey, what we urged you to do isn't really that important, because when we extend it, we'reextending it Citywide. Commissioner Dawkins; I second. 277 Jane 2� i� k Est' {^f 4 r1 777777 a i s� Vice Mayor Plummer. 00 Not just for One or two special interests,, And i think that it's wrong. I think that the way that we're going tonight, let's — got back and repeal 11000. You're telling us you made mistakes. You're now telling us, don't implement it when it was to be implemented. So what in the hell did we accomplish by coming and spending all of that money, and all of that time to put in 11000? I mean, it makes no sense, just for the special interest of a couple projects. Mr. Rodriguez: Hello? Commissioner Dawkins: Hello. Commissioner Alonso: No, that's not so. When 9500 was established and haven't been so long as you have, you should remember quite well the period of transition between one and the other. It does create circumstances, special cases as this one. Therefore, we have taken this step as to guarantee that the transition is done is a proper way. Anyway, I move. Commissioner Dawkins <: second. Let's see what happens. Vice Mayor Plummer: I know... Commissioner Dawkins: I second the... I move, i second. It doesn't make no difference. — Mayor Suarez: Does anyone here wish to address PZ-15? Let the record reflect that no one came forward. Call the roll. - Mr. Maxwell: Have to read the ordinance, Mr. Mayor. Commissioner Dawkins: Read the ordinance. Mayor Suarez: Aren't you on behalf of the applicant? Commissioner Alonso: It's possible. I don't know what's his... r Mayor Suarez: Kind of going your way there, Stan. ' Commissioner Alonso: So quiet. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. a Mayor Suarez:OK, we're going to get a little bit of silence. I know you've been waiting here many, many hours. I know you're tired, and I have an idea fc j what -item `'you're here on. We've been waiting many hours too. So please, let's.... so we can hear each other and the record can be clear of what took place, just a few more minutes and we're going to get to the Vizcatran item. OK. Call the roll on the item. AN ORDINANCE - .x AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, 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 ADOPTION OR AMENDMENT OF ORDINANCE," ANDz SUBSTITUTING A NEW SECTION 21-5 ENTITLED "STATUS OF k APPLICATIONS FOR DEVELOPMENT PERMITS"; PROVIDING r CRITERIA FOR EVALUATING AND DETERMINING STATUS` OF = r DEVELOPMENT PERMIT APPLICATIONS AND DEVELOPMENT ,r�s PERMITS ISSUED PURSUANT TO PRIOR ANDCURRENTZONING K ORDINANCES, AND EXTENDING THE TIME : LIMITS FOR { OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND z OCCUPANCY PURSUANT TO SAID ORDINANCES; FURTHER$ BY AMENDING SECTION 2208.1 AND 2208.2 TO EXTEND THE TIME LIMITS FOR BOARD RECOMMENDATIONS TO THE CITY }� COMMISSION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE € DATE. Passed on its first reading by title at the meeting of May 23. 1991 *ea taken up for its second and final reading by title and adoption. On motionDf 278 June 20, l g f- y i'r' tF. E''rt Convissioner Alonso, seconded 'by Commissioner thereupon given its seeond and final reading by by the following vote: AYES Commissioner -Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor J. L. Plummer, Jr. ABSENT: None. Dawkins, the Ordinance WAS title and passed and adopted THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10896. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Ili—r------r—I�r--�---r--r--r—�wW—rrir--i—rr--r—r--r--r---�rl�eb--wr �w----ram ' 91. DISCUSSION CONCERNING APPEAL OF ZONING BOARD'S DECISION THAT AN APPLICATION FOR HEARING BEFORE THE HERITAGE CONSERVATION BOARD DID NOT _ MEET REVIEW REQUIREMENTS UNDER 9500 - ACCEPT DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY COUNSEL FOR DE GARMO ESTATES, LTD. DIRECT ADMINISTRATION TO ENFORCE DECLARATION. [Note: Consideration by City Commission of the appeal is still pending.] -i----------------------------------------------------------------------------- Mayor Suarez: PZ-16, I understand we have an agreement. Mr. Guillermo Olmedillo: PZ-16... It's our... Commissioner Alonso: I hope so. Commissioner Dawkins: We have an agreement? Mr. Olmedillo: Yes, we have_an agreement on DeGarmo.y Vice Mayor Plummer: N00000000l x Commissioner Alonso: Wonderful. Mr. Olmedillo. I would like to, for the both, the appellant'and,the.appellee 44 to make their statements. And we are in agreement with the covenant, and the agreement as.they have... Commissioner Dawkins: Move it. Vice Mayor Plummer: 'We're not going to see it on a future agenda? Mayor Suarez: Do we need to put anything on the record, or, can, we just go ahead and.assume'that we all understand what it's about? ,E Commissioner Alonso: I was afraid of that. r Gary Held Esq.: Mr. Mayor, Gary Held, representing Coconut Grove Civic Club, ° There isn't a....i7 Mayor Suarez: Gary, do we need to have you sworn in? Are you here, Lucia, -on behalf of DeGarmo? I guess we may as well swear you both in even though if you have an agreement, presumably it's the same on both sides$ AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO r 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES, Mayor Suarez: OK, Gary. Mr. > Field; tiK There's two points I need to make. i:irst. there was an pp Y h r omission in the covenant that was attached to the resolution. And th4t 1s an Exhibit A`and I can turn that over to whomever should be the proper recipient t 279 June 20, 199 N' d � �; � � ,} ,V { • Y t+i �Y. 3 }��" USA= -�z 4 4 f of thatin addition, we need to make clear the agreement that occasions this, the settlement agreement provides for the withdrawal of the appeal after this resolution is adopted. And I want to make clear on the record that it is the Commission's intention that the resolution would have continuing effect after the withdrawal of the appeal regardless of the withdrawal of the appeal. That was in an earlier version of the resolution, but it did not snake the final version, and I just want the record to be clear on that. Ms. Dougherty: What's OK. e Mayor Suarez: Counselor, no problem with that? r Ms. Dougherty: None. Mayor Suarez: OK, as to everything else we have an agreement. I'll entertain a motion then on Pz-17. Commissioner Dawkins: Moved. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Ms. Maer: Mr. Mayor, if I may, what I'd like to just point out to you to have it on the record is that when you adopt this resolution you are instructing the City Manager and his staff to enforce all of the provisions of the covenant in the future. Mayor Suarez: Yes. Commissioner Dawkins: Thank you. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roil. Vice Mayor Plummer: I can't believe we're not going to see it on a future agenda. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-481 ' A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING FOR ENFORCEMENT THE ATTACHED DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY DE GARMO ESTATES, LTD., AND ' - -DIRECTING " THE CITY '`MANAGER AND` 'APPROPRIATE- STAFF ' TO ENFORCE THE DECLARATION. (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 mote: AYES: Commissioner Victor De,Yurre' Commissioner Miller J. Dawkins Commissioner Miriam'Alonso Vine Mayor J. L. Plummer,` Jr. Mayor Xavier L. Suarez ;t NOES: None. ABSENT: None, COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Yes. Never no more again. a: Vice Mayor Plummer; I'm really Y going to miss this on future'agendas". Ms. Dougherty; Thank you very much.}7n 2$0 JUnoU,9i a t,g �n Y*x�aEr'+a a t hRql H T { ` "3W. # Vito Mayor,Plumers Vote yeti COMMENTS MACE FOLLOWING ROLL CALLt a Mr,Held: Thank you verry much. (LAUGHTER) Commissioner Dawkins: Don't you try it. Vice Mayor Plummer: You tried. rrrcr�ar�urrrr----acrc----rrr.1rra,+rarr-------------rrrr—.. r.rrlr r>.rWr Wriialrai Y.a OI�iIH iYrriYfi LifirGY - . 92. GRANT APPEAL BY VIZCATRAN LIMITED (PREVIOUSLY DENIED BY ZONING BOARD) TO REDUCE REQUIRED NUMBER OF PARKING SPACES AT 168-200 S.W. 32 ROAD, 3200- 3202 S,W. 1 AVENUE, AND 1100-1139 S.W. 22 TERRACE; WITH CONDITIONS. rWr+Yrrrrrrr—rrirrYwrrrrrrrrrrrrrrrr-rrriWrr/r rrr-----r-ii.r----r—err—rrriY.rr'rww--Y+i ----a '. Mayor Suarez: PZ-17. Mr. Guillermo Olmedillo: Mr. Mayor, this is an appeal of a variance denied; by the .Zoning Board. It's a parking variance requested before the Zoning Board. The applicant has provided 31 out of 110 parking spaces required, and as is customary, the appellant will speak first. - Mayor Suarez: Wait, wait, wait a minute. They are required how many spaces? Mr. Olmedillo: A hundred and ten. Mayor Suarez: And ,how many are they providing? a Mr. Olmedillo: Thirty-one. Mayor Suarez: Is it clear, emphatically and unequivocally; that it will be . for seniors to live there? r Mr. Olmedillo: The applicant has stated so. And in a variance, you can app]y, any ,reasonable conditions, so that can be a condition... B Mayor -Suarez: We could impose it if we were concerned about it. 5,4 Mr.Olmedillo: That is correct, sir. Mayor Suarez: A11 right. Who do we hear from first, counselor?; h Al Cardenas, Esq.: Thank you, -Mr. Mayor, members of the Commission. My name is -Al Cardenas... t., (AT THIS POINT, MEMBERS OF THE AUDIENCE HELD UP AND WAVED PRINTED AT j MEMBERS'OF THE,CITY COMMISSION.) Mayor Suarez: Please, please, don't shake them. You can; hold them -up, out Y don't shake them, or,you!re going to be shaking,them.outside. Mr. Cardenas: My name is Al Cardenas. I'm pleased and proud to be here on behalf of he :applicant, Vlzcatran, and CODEC, a nonprofit community `^f development corporation, which, as you know, specializes in providing Section k� 2 to senior or elderly, housing in the City of Miami and this" County. Jb.e request that we have is for a parking variance, technical request, to permit Y 31 of 110 requested parking spaces. The location, as you know and we'.11 show you the site plan in a second, is at S.W. 1st Street and 32nd Road, directly across from the Vizcatran-Metrorail station. It...giv Vice Mayor Plummer; Jor the record, 1st Avenue, not lst Street. r. Mrs -Cardenas: Excuse me, 15t Avenue, Thank you, Commissioner Plummer, This is a proposed nine story, 100 unit project with a maximum n umber of allpWed residents of. 177. As`you know, since 1987, this City Commission first tt de its commitment to have this project, senior housing project, on this site. A } 281 guns 20, 1 u that time, if you'll recall, there was a zoning effort wherein this property was rezoned R=4 to permit high rise structure. At that time, there was a hearing, there were considerable meetings with staff and with the Roads Association. And there was a meeting of the minds which resulted in the rezoning. That meeting of the minds was to substantially curb down this proposed project from 14 to 9 stories. And the second important consideration at that time was to bind this site to a senior housing project, and to use funds which the City had acquired from the Swire Claughton Island project to fund this and two other projects for the City. The two other projects, as you know, are well under way. Having had selected this site in 1987 by the City, the owners of the property and CODEC, the nonprofit entity, hired architects, attorneys, and spent considerable funds of monies entering into a national competition where many, many projects are submitted to HUD. Fortunately, this one project prevailed, it won. I don't know, I think all of you are familiar with the HUD requirements, but once you enter into the competition, you're awarded it, all of these projects are graded by HUD on merits. That means that you cannot in any way change the location, the size, the number of units, or the projected costs either of the land or of the construction. Because those are the merits by which HUD judges all of the projects that are proposed. And no project can change either in location, in size or funding without risking, of course, having to return the funds to HUD. That is the case with this project as with all other projects that this City of Miami has had in 202 projects. There's been a total of seventeen and -a -half million dollars appropriated by HUD for this project. About $5,000,000 for construction, land acquisition and the rest are funds committed, Section 8 commitment, to make sure that the project is properly maintained, kept up and that it's properly cared for. I'm pleased to inform you that CODEC already has five Section 202 projects in Dade County. Three of them in the City of Miami, which they probably managed for a number of years. They manage over 750 residences, and a total in excess of $100,000,000 in public senior housing funds. They do this excellently, and I'll discuss in a little bit how pleased HUD is with the CODEC performance. I'm saying all of this because one of the most integral things that concern the neighbors have been the type of facility it is, who will keep it up, and who will reside there. I'm pleased to inform you that "A," no one under the age of 62 years of age, by law, is allowed to live in these premises. Number two, I'm pleased to inform you that CODEC has received the highest performance categories by HUD as evidenced by all the other projects which they have in this community. Three occasions we've invited the neighbors to go see the other facilities so they can see for themselves the type of projects that are here. I'd like to at this time, make a number, a few introductions. Of course, Mr. Jose Fabregas, from CODEC, the executive director, is here. Dr. Gema Hernandez, a Ph.D gerontologist, -is here who will address us briefly. David Rhinard, a professional engineer of transport analysts professionals, is here to address the issue of the parking, which is what's before you this evening. Thelma Rubal and Rosaura Polanco, two individuals who desire to be prospective tenants, are here to... who are typical type residents who would address you; Adolfo Albaisa, the architect of the project, Vicky Leiva from our office, and a number of the elderly who have waited for many years. As you know, one of the saddest things here in Dade County is that there are far more elderly that wait and pass away before being able to be provided this housing than those who are able to be alive and enjoy the premises. As a matter of fact, the average age for each unit occupant on the CODEC properties is 71 years of age. I'm going to ask those elderly who are desirous of residing in this facility if they could please stand up. They're here with us today, and I'd like to recognize them. AQUELLOS CIUDADANOS QUE ESTAN AQUI DESEOSOS DE PODER TENER ACCESO A ESTAS VIVIENDAS QUISIERA QUE POR FAVOR SE PARARAN PARA SER RECONOCIDOS. (SHOUTING, TALKING BY THE CROWD.) Mayor Suarez: He just asked for a show of hands. NADA MAS QUE SE LEVANTARAN. L (BOOING FROM THE CROWD.) Mr. Cardenas: Good, thank you. 1 Mayor Suarez: Everybody now. Yes, you've had your shouting, now you've had your shouting and your cheering and your supporting. TODO EL MUNDO, POR s FAVOR, Ma'am, please, please, please. Ma'am! Mr. Cardenas: OK, thank you. Mr. Mayor... 282 June 20, 1991 v� �aT,k .r'='4 ��'+� ' } 5t!; Nw f1$s nor a`�,i h�t�R]"--, 3 Mc .- Mayor uarez: we have many outbursts, we will ask those people who Can t contain themselves to wait outside, We will Connect the speaker system, and you can hear it from outside, 00 We cannot have these kinds of outbursts. We're going to decide this matter. You're going to hear both sides, This is an exercise in democracy for everybody. It's tough to hear people making arguments that you don't like, but you got to listen to them. When they're finished, and the people against the project speak, the same goes for the group in favor of the project. So, please. OK, counselor. Mr. Cardenas: Thank you, Mr. Mayor. I think it's important at the outset of this meeting to discuss what is not at issue here this evening. Mayor Suarez: Well, you're beyond the outset here. Mr. Cardenas: All right, OK. Right, OK. Mayor Suarez: Now don't get wound up as if this is going to be all night. Commissioner De Yurre: Let me say, Al, let me say something because there's a lot of emotion, there's a lot of feelings involved in this thing when you're dealing with the homes of people that have lived there for many years, and we just had another issue of basically the same thing a moment ago. This has been going on for years. And I think that the neighbors understand that the issue here tonight is not whether the building is going to be allowed or not. That happened years ago. And that the issue here is the parking. But understanding ... (APPLAUSE)... understanding that the neighbors have to feel badly as it is, because the building is going to go up and they have to feel bad about that. I cannot, for the life of me, see how you can expect us to allow, where there are going to be a hundred and ten units... Mr. Cardenas: A hundred. Commissioner De Yurre: ...a hundred units, that you would figure that a car per unit, that we can say, you know, with good conscience, that we can allow only 31 spaces. (CHEERING AND APPLAUSE). Now, the issues that have to be addressed here is, if we're realistically looking at 100 units, which one car per unit means 100 cars, and you're talking about 31 parking spaces, where do you expect the 69 other cars to park? Mr. Cardenas: Right. Commissioner De Yurre: I think that... (APPLAUSE AND SHOUTING). Now, if the t answer is, in front of the homes of one of these neighbors, that is not going to be satisfactory. (APPLAUSE AND SHOUTING). So, in order for you to have my vote, I don't know what you can think of, but I think that that is a feeling that we have here, and I'm just going to sit back and listen to what you have to say. And let's see what happens. Commissioner Dawkins: OK, in order to... I mean, and it will look like... (APPLAUSE AND SHOUTING) Mayor Suarez: OK, ladies and gentlemen please, you're 'just holding up ;our proceedings: Commissioner Dawkins: ... looks like we're headed for a vote. So let shear something from this gentleman so that I can make a speech like Mr. De Yurre and see if we can't bring this to a close. No, not as eloquent as yours.AN �t Mayor Suarez: The thing is, depending on how it goes, that we're going to F have to probably hear from the principals of both sides, Commissioner, and the l applicant is going to have to be... Y Mr. Cardenas: Well, my onlyproblem, Mr. Mayor... Commissioner Dawkins:- OK, all right, + g ,you re all going to lose me, I m,going � to tell you, OK? Mr. Cardenas: I know, but, OK... Commissioner Dawkins; OK, now, all right. I mean, because I've bp eno, hire since 800 o'clock this morning, OK? 263 June 200gl ti Mr. Cardenas: Commissioner, my problem is that... Commissioner Dawkins! And for you to just stand up and earn a fee, I have no problems with it. Mr. Cardenas! No, I understand. :e Commissioner Dawkins: Out if we can bring this to a head so that everybody can go home, let's do that. u Mr. Cardenas: I know. Sir, my... (SHOUTING AND APPLAUSE) a Mayor Suarez: What the Commissioner just said is very simple, is that we're R pleading for your brevity, Al, because the more you argue - either side - the more you're going to tire us out. And human beings are human beings. We have been here since.8:00 a.m. This is a very controversial tropic. We need for all that stew of witnesses that you stated that you had to come quickly to the mike, state their position, and then we'll hear from you. Roughly, the same amount of time and then this Commission will deliberate and vote. Mr. Cardenas!, OK. I will eliminate most of my presentation, but, Mayor, the appellees are here represented by counsel. He's a fine attorney. He may well appeal this case. If he does, I don't have a trial de novo 1n court,, I have to go on the record. Mayor Suarez: We've got to get your... Mr. Cardenas: In order to defend and protect the record... Mayor. Suarez: I understand. I understand. Don't... Mr. Cardenas: :..I have to have certain things stated on the 'record. I have no choice. And I apologize. Mayor Suarez: Don't argue the point. Just make it quicker... Mr. Cardenas: OK. s Mayor'Suarez: ..and in view of what Commissioner Dawkins said,: it applies to � all'.the rest of us. Madam City Clerk too and... Y Mr. Cardenas: ''Right. Let me, if I can, mention the following.. There. are a number of other Section-202 projects within the City of Miami. T.M. f It has 150°units. There are a total of 50 parking Alexander,, or example.; spaces provided. St. Agustin recently built 100 units; a total of 30 parking spaces provided. Buena .Vista, 105 units. A total of 31 parking spaces provided. Now, let me give you a little history of HUD, and what HUD provides g and how than benefits us to resolve this dilemma. -There are>a.,number of Section-202 projects in New York City, Chicago,:Philadelphia, that have zero. ? w �d .. 4 (NOES FROM THE,.CROWD.) Mayor Suarez: Please! Mr. Cardenas: That have zero parking spaces. And the reason for that. 'and how HUD protects the neighbors and the City in those areas, is the following. „ t4 HUD permits the _nonprofit entities that develop these projects to demand whenever they adept a tenant that there be a caveat that there be no 1 automobile owned or operated by that tenant as a precondition to moving ieto` x the premises. I respectfully suggest to this Commission that ;you ,hove right to ,Impose on your variance request that we, as developers, 1.imgi t 'the z�. number of tenants that we have on the premises that may own or operate an5�> R automobilev am pleased to inform you that HUD not only permits this, bgt encourages this in our lease operations, and we will Commit by law, by, i4w act onlybut VD, to do this. That's item number one line of the �r,. 264 June, 20, toov, ,f% fi i selection criteria will be individuals who will commit not to own or operate a motor vehicle. Number -two, and most important, this is a 40-year HUD mortgage. There is plenty of upkeep requirements, and we intend to do that, that operates to the parking facilities and they will be well kept. Then we talk to you about the provisions of the City, again addressing the parking. Section-917.6 depicts some of the spirits, where they say that parking requirements for housing for the elderly were one space for two units. In this case, if you apply the City's own written spirit of what is necessary for the elderly, in this case it would be a total of fifty spaces that you, under your normal circumstances, would consider a matter of policy. There's an additional ten percent parking dispensation as a matter of policy for properties proximate to Metrorail stations. That, as you know, was not only adopted by the County, but by the City in spirit in order to foment use of the Metrorail and develop housing units around your Metrorail stations. If you used the City's own policy and philosophy, you're down to a required number of parking spaces of forty. Now, that would be for conventional senior housing projects. This is a HUD project. HUD permits us to demand that those tenants who move in have, as a precondition, they don't own or operate a motor vehicle. Now, there is additional relief that may be provided, and I'll get into that in a little bit. Now I'd like to, without further ado, and very quickly because time is limited. So, Mr. Rhinard, you only have about a minute and a half, but if you could give us first your professional designations, and then quickly tell us about the conclusions you've reached, I'd appreciate it. Mayor Suarez: Have they been sworn in? Mr. Dave Rhinard: I have not been sworn in. Mayor Suarez: And anyone on your side, counselor, please, that will be testifying. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: That includes counselor, although he didn't raise his hand. I'm sure it applies. Ira Elegant, Esq.: Oh, I was just making a presentation, Mr. Mayor. Mayor Suarez: Yes, we have this silly law. I don't agree with it, but it's in the books. Mr. Dave Rhinard: Mr. Mayor, we do have a letter. I'll be very brief. Vice Mayor ,Plummer: Excuse me, excuse me. That means counselor cannot testify. Is that correct? He was not sworn in. Mayor Suarez: No, he understands testimony to be factual... Mr. Elegant: I'm going to make a presentation. Vice Mayor Plummer: Excuse me? Mayor Suarez: ...if it's got to be sworn in, but he's going to have to be sworn in if he's going to say anything at all under our ordinance. Mr. Elegant: I'm just making a presentation as counsel. No problem. Mayor Suarez: We've got a strange ordinance. Vice Mayor Plummer: Are you a lawyer? Mr. Elegant: Yes. Vice Mayor Plummer: Are you here for a fee? Mr. Elegant: Yes. Vice Mayor Plummer: Then you have to be sworn in, sir... Mr. Elegant I'll be sworn... 285 June 20, 1991 — S t t SkYt _ f-tf, ,ai"i4ft � Yt'f` 5 Vito Mayor PIuftliier: .gad sign a lobbyist .,b Have you signed the lobbyist ' cards Mr, Elegant: Yes, sirs Vice Mayor Plummer: OK. Mayor Suarez: Please, Mr. Rhiinard: For the record, my name is Dave khinard, with Principle Transport Analysis. I'll be very brief. We do have a letter report I'll submit. Our findings, based on... Mayor Suarez: You could move the mike a little closer to you. — Mr. ghinard: Thank you. Mayor Suarez: - You know, I am really inclined tonight to have somebody removed. It just seems that kind of a night. I see a few faces of people that are itching to be removed. I see a face of someone, ma'am, who had an item here before, conducted herself very properly in the other item. We've ruled favorably to her, and is having a hard time containing herself. So please, be fair. We ruled for you already once tonight. It may happen again. out you may have to hear it from outside if you can't contain yourself, and that applies to everybody. And showing those signs is OK, and you're entitled to it, but you don't need to do it all the time. We have an idea how many :{ there are, you know. I mean, it's up to you. You can hold them up if you want, it doesn't hurt. Yes. Mr. Rhinard: Thank you. We conducted a very similar surveys of facilities that had no restrictions of income. They weren't near Metrorail. In fact, the last ones we did were back here in January. We found that with unrestricted uses of ownership and everything else, the number of vehicles, service vehicles, visitors, everything else, days, weekends,_: evenings, mornings, most any old time -of day, the parking rate actual was..33 spaces per, unit. In other words, about one space for every three units. Now, there's other facilities that have that units right now, we'll submit our report to you. Thank you. Mayor Suarez: OK. ; Mr..Gardenas: Thank you. The letter that has been submitted•that`.supports the evidence:that,has been stated, is that... concludes the following. !'thus we conclude that the combination of 33 on -site parking spaces proposed for the: Vizcatran development would adequately accommodate the number of parking x# spaces needed by residents for whom this development is being designed, their.. visitor, service. delivery, and any on -site management maintenance personnel_ ' assigned for typical daily operations:: when the development is fully occupied., Signed, David Rhinard, Professional Engineer; Transport Anal:ys`is. Professionals, Inc." Now, his figures are very interesting. With a hundred percent occupancy, and with an upward.20 percent adjustment, e41 rspaces h, Vizcatran develo ent wiI U_have. a parking demand not: to' exceed spaces the t} during periods of year when it is fully occupied and rented.' Our, parking 'account = f1 demand is possibly overestimated- in that we have not taken into rthe proximity of ,this site ta- MetroraiI and perhaps further reductions to the stipulated low income status of residents. Now, regaedin xt � 55 attributable these residents and, the type of residents, -',they are, and those'habits'.I woul9 like to also briefly 'ask our next 'witness to testify regarding this particular matter. Doctor, if you could just briefly tell us your name, a bref introduction of your qualifications, Dr. Gema Hernandez, and your conclusions x regarding this situation. i Qr, Gema Hernandez: My name As Dr. Gema Hernandez. I'in an Associate professor at Nova University Institute for the Study of Aging. Ism also the01 n Director. of Social Services for the Little Havana -Activity and Nutritional Center. The clients that we have here today will be :the future residents of thl a -facility, I tbi A it is very important for you to real i ze that thotle I)PI)PIler divaot have a drivers license. They cannot afford a car, They don't have a car,, they don't have insurance, and, therefore, parking will tanar ,interest to them. The majority of the problems the elderly"lVOW- ;r FZ. facing ;n :the United States have to do with transportation 'and haus9 g: i►d° ° ' > �K rt M; _ 206 June 20' 1991,. t ; ter' z reason they cannot go to the doctor is because they do not have access to Metrorail, and they don't have access to Metro buses. Therefore, this project is ideal because you will be dealing with the two most important problems elderly faces in the United States and in Florida, housing, and at the wale time, you're providing transportation that is affordable, and also nearby. The typical client would be a person that is 72 year old, and it's funny because our clients or our participants look quite similar in age, and characteristics to the general population that is here. These people do not want to bring down the neighborhood. On the contrary. They want a safe place to live, and affordable housing is the key here. We're not talking about low income. We're talking about affordable housing for people that are only receiving social security, and the maximum income is $500. Thank you. (APPLAUSE) Mayor Suarez: Please, please, please, please. Mr. Cardenas: Thank you, doctor. I would like to at this time, ask Thelma Rubal and Rosaura Polanco to please come to the microphone for a very brief statement. Ms. Thelma Rubal: I am Thelma Rubal, 67 years old, and I apply for place to live for about four years, I can say, and I'm still waiting. For me, it's very convenient that you say, yes, to this facility. Thank you. Mayor Suarez: Thank you, ma'am. (APPLAUSE) Ms. Rosaura Polanco: YO LES HABLO EN EL NOMBRE DE LA COMUNIDAD... Mayor Suarez: Please, Mr. Rodriguez, we're going to need translation. Ms. Polanco: ...DE PERSONAS MAYORES, EMPEZANDO POR... Mr. Sergio Rodriguez: I'm sorry, I cannot hear. Mr. Cardenas: VAN A TENER QUE TRADUCIRLE. Ms. Polanco: AH, BUENO, PUES EMPEZARE OTRA VEZ. YO LES HABLO EN EL NOMBRE DE LA COMUNIDAD Y DE LAS PERSONAS MAYORES... QUIERO QUE SEPAN... Mayor.Suarez: All right, we can have him translate. Thank you. Thank you. Very good. We need school teachers. We.got another school teacher,over here. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: No speeches, please. Mr. Rodriguez: I'm sorry, I cannot hear. Could you start all over again, please. PUEDE EMPEZAR OTRA VEZ? Ms. Polanco: NO LO PUEDO RACER ALTO PORQUE NO ME LO PERMITE LA GARGANTA. Mr. Cardenas: Mayor, would it be.acceptable if, next to her, 'I simultaneously i translate so we move right along? -41 Mayor Suarez: That's fine. We'll keep an eye on you to make sure you don't cheat now, and translate something she didn't say. Mr. Cardenas: OK. I'm going to read it in Spanish. Her voice doesn't permit her to talk loud enough to be heard. Commissioner Dawkins: When you read it, just translate it in English. Mr. Cardenas: Thank you, I speak to you in name of the community of elderly and for my own. I want you to know that we're a large group, those who need housing,.specifically in this area, since our activities revolve around the dining areas of Little Havana where we're fed and taken Wo of In'r+sai ty, we're privileged to have people who worry about our concerns, but because we have no means of support, sometimes we're discriminated in being able to find appropriate housing where we can live and spend the last years of our lives, 287 June ZQ, 1991 IN r-.c I can be the arandirother of anyone of you on the CoMi ssi on, and I need to live,in an adequate place that I can be able to pay. Mayor SuareV If YOU Were the grandmother of Miller Dawkins, you'd be ab6ot 00 year's old. (LAUCHTER AND APPLAUSE.) Mr. Cardenas: 'thank you, Mr. Mayor, and members of the Commission. I have about two more minutes, and that's about the end of the presentation. And I thank you for your patience. Mayor Suarez: We're going to hold you to the two minutes, counselor, because it's really... E Commissioner Dawkins: Put the Clock on him.e Mr. Cardenas: OK. We have... S Commissioner Dawkins: Madam Clerk, put the clock on. i Mayor Suarez: Please. i _ Mr. Cardenas: There are a number of items that we needed to meet here this evening in order for you to grant our parking variance. One that there are special conditions that exist particular to this land. Yes, the proximity to Metrorail station. The decisions have been made regarding this parcel in the past, make it'a unique one. That these special conditions do not result from i` the actions of the petitioner, I think that it's obvious. And I think this City, as a matter of precedent, in all of its previous senior housing projects, has permitted a similar ratio of parking _spaces to units. This project is no different. As a matter of fact, we're here before you with a lot more assurances than any of the previous projects have provided to you. A literal interpretation of the ordinance would deprive the applicant of rights enjoyed by others in the same type of projects in the City. I think that 1s ® obvious. I just named to you before, four or five other senior housing Projects that you've, provided with the -exact same criteria, and you provided the same sort of relief. This is the... the variance that we're requested is the minimum that is possible for the reasonable use of the land. HUD will not z. permit usto build a different building that that which -has been "proposed. { The 'variance is in harmony with the intent of the ordinance. It sure is. "I had read to you the senior housing concept that the City of Miami has. That'- - would have"brought it down to 50`parking spaces, living next to"Metrorail, and at"a"ten`percent bonus that's part of our City's policy, that brings it down t to 40 spaces. In addition to that, I've already told you that HUD permits us. u to -restrict- the number of people who can reside in, the "facilitles..:that 'own automobiles, and that will more than adequately do that. If denied`,.wpat wial,l �G happen? Let's say you denied the parking request. Let's thi"nk about; that;: And'I want the residents to think about that. This property is already zoned That means that a conventional 'developer can come in and builo 125 units: on' this -site involving teenagers, men, women,. children...: t Mayor Suarez:. Please. Mr. Cardenas: ...and individuals with a lot more" cars than "are p'esentir, called 'for in this project. You won't, n..` But certai my ' the peopl.�e who are z here Won t"win. " And`what a disgrace'that would be, .R= Mayor Suarez: Why don't , you address the Commis i o . r4 $: y y y s n Andress the .Qomn�issipt�, zn� not the audience." s Mr. Cardenas: r'ry Yes Other CODEC ' projects are.. a' source of Prins ,i,n thus _ community: I invite` each of you to visit it. `You would be.plescd w,lth:us. Now, there are a number of limitations that we will proffer, Mayor. We Wi ail say that 'there' will be no cars whatsoever' permitted to residents:On the units of this projeet.� Mayor Suarez: Summarize them, counselor, please. ' Mayor Suarez: We certainly have heard both of those already. Mr. Cardenas: That no visitors will stay overnight, and there will be a security fence, an electronic entry system built so that there will be no cars entering and leaving the premises after hours. We won this competition. The City's won seventeen -and-a-half million dollars. As a matter of principle, please give these elderly their last years with some pride. Thank you very much. Mayor Suarez: All right. Thank you, sir. (APPLAUSE AND BOOING.) Mayor Suarez: OK, counselor. I'm going to try to give you roughly the same amount of time, but if you can do it in a little bit less, it will get repetitive, and we've seen so many of these faces around here. Mr. Elegant: Mr. Mayor, members of the Commission, may I be sworn at the outset? Mayor Suarez: Yes, please swear him in, Madam City Clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Elegant: Mr. Mayor, members of the Commission. Commissioner Dawkins: Pull the mike up, sir, please. Thank you. Mr. Elegant: Yes, sir. Mr. Mayor, members of the Commission, my name is Ira Elegant, law offices at 46 S.W. 1st Street, Miami, Florida. I represent in excess of 30 property owners in the immediate area of this proposed project. _ I'd like to offer a composite exhibit to the City Clerk to be made part of this record, which would be a list of the property owners that I represent, a copy of the appeal lodged by counsel, the CV (curriculum vitae) of George Acton, who -would be my expert witness. But because of a family problem, could not appear here this evening, although he did render a complete and, full report, a copy of which I will present. Mayor Suarez: You can... yes, you can paraphrase that, and we don't have the strictest rules of evidence here. Mr. Elegant: Yes, I will. And also, of course, a... and also a copy_ of ordinance_11000. Mayor Suarez: Oh, don't enter that into the record,'please. That's part of our record automatically. You 'don't need toenterthat into the record. That's just more junk. I mean, more junk, I mean printed material.;- Mr. Mayor, members of the Commission, Mr. Cardenas has made a good. presentation. But --lacking from this presentation are the basic precepts of hardship. This is nothing :more than self-imposed hardship. The project is °certainly a worthwhile project. But you don't have a project that requires in excess of=a hundred parking: spaces, and cut it down to 31 spaces.There is no basis° n this record, and there is no basis in this -:entire matter for: that relaxation ` of parking: The third district many years ago, and I've worked .on a lot .Of_ off-street parking cases, said that the purpose of off-street, parking is�not to provide -every tenant with a space, but .,to alleviate congestion in the ` street. Obviously, any apartment building or any structure of this kind generates cars, whether it be workmen, whether it be visitors, whether it be any sort of traffic. The idea is to lessen the congestion in the streets. What we,have here is a situation of self-imposed hardship. This is a project in which the land was assembled. It was rezoned, and now the applicant comes before you and says, I have a hardship, I can't provide the spaces-. ;-The °; economics won't justify it, HUD won't justify it, but never do you' see }ai ' reduction of this kindif any commercial applicant came before you. Your. Code. has- an express provision by _special exception for; the requisite numbor of parking spaces. But the applicant hasn't even addressed that., .The first district recently, in a case involving the City ofJacksonville, said this; and_it's almost a :Siamese twin of this case - self created hardship cannot constitute basis for a variance. The alleged hardship falls into the catePQry of. self. created hardship. I Before purchasing the property, the, owners:wera fully .awdre of its shape and size. But designed a building which was 300 ; 289 Jung 20, tool a h r ILF] Large for the lot, leaving insufficient room for Code required parking. The hardship arose solely from their own conduct and their own expectations. We submit to you that that's exactly the case here. If we look at your Code that you're to follow, the Code makes a number of requirements before a variance can be granted. Your Code is a little bit unusual. Many municipalities you can have some of the requirements. But your Code says you have to have all of there. You have to have special conditions and limitations which exist which are peculiar to the land. We know that doesn't occur here because this was assembled by the applicant who is before you. They know what the property was. They assembled it. The specific conditions and circumstances do not result from the actions of the petitioner. This is exactly what's happened, they've resulted from the assemblage of the property and this applicant. It's like the person running out and murdering his mother and saying he's an orphan. It's the same thing. The literal interpretation of the provisions of this ordinance would have to deprive them of the beneficial use of this property. They have the beneficial use of this property. They property can be developed consistent with your zoning ordinance. That's what your ordinance is there for. Granting the variance would convey the same treatment to this property owner. Their argument is that the Commission has permitted them to do this in other parts of the City so, therefore, they should do it here. If a mistake has been made in another part of the City, it shouldn't be compounded here. If the variance is granted, it's a minimum variance, that's certainly not the case. You know that by your own Code. It can't be a minimum. The grant of the variance is in harmony with the general intent and purpose of the zoning ordinance and is not injurious to the neighborhood. Well, we'll turn to Mr. Acton's report on that. I won't read you the whole report. It's only a three -page report. Mr. Acton states, and you know Mr. Acton well, he was formerly of your Planning and Zoning Department: "The petitioner has not met any of the standards or requirements of A through F," of the section I was reading from, "therefore, the Commission cannot grant the variance under the strict letter of the ordinance." The application for a variance is also in direct conflict, the Vizcaya station area plan adopted by the City of Miami Commission on October 17, 1979. The plan sets forth those goals. They are stated in Mr. Acton's report. The proposed development will not meet any of the adopted provisions. The nine - story building, 151 feet long, 53 feet wide, and 80 feet tall will block sunlight from the neighborhood, one story houses along S.W. 22nd Terrace, till noon each day, as well as obstruct prevailing breezes. The nine -story building is out of scale with the adjacent one story buildings. We're not quarreling here about zoning, but the problem is, in order to have the building they propose, they've got to have the variance. Because they don't meet the requirements of your Code. The nine -story buildin will hav g e a detrimental influence on living conditions in the neighborhood, and particularly so if you don't have the required off-street parking. We submit to you that under the law of Florida and the requirements of a variance, that clearly, we Haven't seen hardship. You have adverse change of this neighborhood, unnecessary hardship or any practical difficulties is absent. There is no deprivation of the reasonable use or reasonable return. There are no unique circumstances or conditions here. The character of this neighborhood has changed over the years. The neighborhood has come back very strongly. It has been rebuilt, and it's a fine neighborhood The self created hardships here are not rooted in this property. It's strictly the applicant. You've got to show more than just financial hardship. We submit to you that this variance, based upon the Acton report and based upon the recommendation of your own staff, would be detrimental and injurious to this neighborhood. We submit to you that the appeal be denied. 1 Mayor Suarez: Counselor... Mr. Elegant: Yes, sir. Mayor Suarez; ...suppose instead of being seniors who potentially could drive - for all we know, many of them do, in fact, have drivers licenses and own cars or might want to - suppose instead of that, this building was earmarked and by its own restrictions and specifications, was for blind people. Would that, in your mind, constitute a hardship in the sense that a requirement of a hundred and some parking spaces would not make sense because they wouldn't be expected to have that many visitors, let's say? Mr, Elegant: No. Mr. Mayor, that's an interesting example. The problem is, that under the cases that deal with off-street Darkina and the detailed WAS studies dealing with off-street parking, you're dealing with parking that is required and generated by the building, not the tenants per se. But those - coming to the building, those servicing the building, those in the neighborhood. That really isn't always the test. For years in Miami Beach, the argument was these are all senior citizens. Grant the variance because these people don't drive, they don't own a car. You see what's happened in w South Beach where a number of buildings have been developed based upon that theme. I was there, I was an assistant city attorney for years when that was46 r the standard recommendation. Seniors don't drive. Right now, you have a dearth of parking in South Beach mainly because of the buildings which were Ji constructed during this period of time in which there was no off-street parking required or where it was waived. Those were the days when the one - for -one parking ordinance came into effect. I argued that case before the fifth circuit, and upheld it. The problem is that we're living with that today, where there is no parking. That's the difficulty. The same argument would apply to an ACLF (adult congregate living facility). The problem is, it generates spaces. There are people who come to the building, the visitors._ It just doesn't work. You can't take in excess of a hundred spaces, and cut them down to 31 spaces. It just doesn't work. Mayor Suarez: You know, you've violated one elementary rule of this Commission, which is, never bring, on one side, so many people from St. Peter and Paul. That's highly unfair, you know. All right, anything further on your argument? (APPLAUSE) Mayor Suarez: Sir. Mr. W. H. LeNoir: My name is W.H. LeNoir. I live two blocks from the area. I live on 30th Road and 2nd Avenue. There are only three of us in our family, my wife, her sister, and me. And we're all seniors, we're all in our 701s. We're not rich by any means, but there are three cars in our one family. And when our grandchildren and our friends come to visit us, there's quite a crowd, and just one unit. Thank you. (APPLAUSE) Mayor Suarez: Please. Ms. Barbara Samet: Honorable Mayor, my name is Barbara Samet. Vice Mayor Plummer: Pull the microphone. Mayor Suarez: You're going to have to get the mike a little... Ms. Samet: My name is Barbara Samet, I live at 3645 S.W. 1st Avenue. Honorable Mayor and Commissioners, first I want to tell you that I'm appalled that these elderly people were bused in here and told if they would come, they would get a free apartment. I'm really appalled, but that's what they told us. Number two, I knocked on every door east of the Metrorail station to 27th Road. I. did not find one person in the Roads that wanted this variance. I would like everyone in the Roads who is against the variance to raise their hand, please. By doing this, I'm telling you that while Mr. Wilkins and Mr._ Lutes are very nice people, they do not represent the residents of the Roads. They didn't even bother to go down and explain the parking problem. They're telling everyone they will get a 14-story building if they don't take this one. If they can't park nine stories - I'm not even an engineer - how areol . they going to park 14? Thank you. Mayor Suarez: OK, ma'am. (APPLAUSE AND SHOUTING) Mayor Suarez: The answer to that is, you could have a 14-story building of which many of the floors would be for parking. You see, that would be the answer to that. But we hear the argument all the time of, if you didn't approve this, we get something worse. And that argument doesn't always convince us, you know. Mr. A. P. Mayor Suarez.. I'm just telling you, the answer to your question was that, Yes, sir. Mr. Rodman: My name is A.P. Rodman. I lived on 16th Avenue. I've been in here before. You keep piling traffic onto our streets. I'm going to sell and 1'hi going to leave your city. Is that what you want all your citizens to do? Give us the streets, the New York streets. New York has had it. Miami is going to be the same. Give us the roads, eh? please give us the roads. I can't get home. Everyday I have trouble getting to 16th Avenue from downtown. Getting from my childrens' school on 32nd Avenue to my home. Where is this roads you people are talking about? This is 100 units. Ambulances everyday for the elderly, trade trucks. What are we talking about? This is a dream. How can you throw any more traffic? You threw a bank on to my street. I was here. They were going to make this great drive so they couldn't turn in to 16th Avenue. Go and take a look at it. They're driving in and out. The same lawyer was here defending those people. Do we come here just to talk and argue with you? We have to find people that represent us. That's what we have to do. We have to start campaigning to be politicians. I'm going to become a politician if I stay in this City. Because I'm for the people. (APPLAUSE) Because we are talking and talking and talking, and I come here and I get angry and please forgive me, I don't mean to. But we're talking childish talk. Miami has got little streets. Where we live there's no entrances or exits. You have signs all over the place, No Left Turn. How do we get home? We go around like rabbits. This is becoming a joke. They have run into the back of me twice. I'm crippled, I've got a busted neck, I have a busted back. I'm going to go for two operations. I had two already. This is what we are getting from Miami. Keep bringing the people in, but give us the streets, give us something to do where we can go. Thank you for listening. (APPLAUSE) Mayor Suarez: You are a master - I have to tell you this - you're a master of overstatement, if I ever heard one here. Wowl And that doesn't usually work real well, but, I mean, you know... Mr. Rodman: Come to my street sometime, I'll show you the overstatement: Mayor Suarez:No, no I've heard enough, sir. If I might meet you somewhere on the beach or some place serene, you know, where maybe you could kind of cool down a little bit. All right, anything else? Mr. Luis Herrera: My name is Luis Herrera. I live at 1181 S.W. 22nd Terrace. Mr. Mayor, I'd like to present pictures that I'd taken lin one of the buildings. They supposed to, they no have only .31 parkings, and I want you look at it see how they look to you, and how you going to promise these people they can't have no car to the old peoples. Vice Mayor Plummer: I got it. No. Everybody else wants "cafecito." Miriam... {' Mr. Herrera: There's only 31 parking in that building. And they say the old people, they no have no cars? You got it right there. Now... Commissioner Dawkins: Where is that? Where is it? i Mr. Herrera: Now... t Commissioner Dawkins: Where is that? Mayor Suarez: Where is that building that you're showing? Mr. Herrera: That building is St. Augustin building. t Commissioner Dawkins: Beg your pardon? Mr. Herrera: St. Augustin, that's fourteen... no, 19th Street and 15th Avenue. Commissioner Dawkins: Is that a building that CODEC manages? Mr. Herrera: I don't know. I don't know about that. ` 292 June 20, 1991 RL Y. i Commissioner Dawkins: Oil, thank you. Mayor Suarev DK, all right. Mr. Herrera: Only I'm speaking about the parking in that building. They got ., 31 parkifigs . Mayor Suarez We got the pictUre, and we get the picture. Mr. Herrera: OK. Thank you. Another thing now, all the people in the neighborhood, all the time we come down here and we are the majority, and we try to get the neighborhood Like it is and nobody do nothing for us. We have to be come with a lawyer to do something. And I believe it's a residential area, and we need it like it is. - (APPLAUSE) I, Mayor Suarez: We're going to bring this to a closure very quickly. Last statement, Joe. a Mr. Joe Wilkins Hello again. My name is Joe Wilkins - excuse me - I live at 228 S.W. 23rd Road. I was a founding director. I'm now an elected not by many people here, I'm sure - but an elected director of the Miami or Miami Roads Neighborhood Civic Association, and I was president of this association when last we visited this issue three years ago in 1988. I would like to correct one thing that Mr. Cardenas said. In 1986 when this property was rezoned, we did not even have an association. Perhaps if we had, we wouldn't have to be here tonight. When we entered the situation in 1988, the property had been rezoned already. Our position was, and still is, that this was a disastrous decision. It was a terrible mistake, and it only made worse the problems that existed because the train station was there. We came to the City and we asked that the property be down zoned, and we asked that a park be placed on: that site. When the City refused, and when- our own legal advice told us that it was legally unfeasible to try to pursue downzoning, we were put in a position of damage control. We had to look at what would have the least: -:do the least damage to our area. We evaluated al realistic options $ that could be put on that site with that zoning. We consulted lawyers,.we kconsulted -planners, and we had expert real estate opinions. We looked at: the issues of. traffic, crime, building height, property.value,.and- 'parking.' Our information led -us to believe that a project for the elderly would have the - least negative impact on this area. This is not to say there won't be any negative impact. Our position at that time was not to oppose this ,project.. It was not, however, to endorse it either. We could never endorse any project on, this ;site as.;long as that. zoning is in place. If :you all .,are,.,t l unwilling to downzone this property, then we have to look: at what >is reasonable not necessarily reasonable - but what is realistic for this property. The issue becomes the parking issue that we confront tonight. We have gone to the other CODEC properties on our own. We have done .:our own - investigation. We have concluded that approximately 50 percent. parking is' what is required for these facilities. And if this 50 percent can't be ' l; provided, we will remain unopposed. If they do not provide 50 percent of the parking,: We are very much opposed to this protect,to this parking. proposal, We share the concern of the neighbors that are here for our neighborhood. We z t are here constantly, you all know that, that we work very hard. We disagree, rr. perhaps, on. what the future of this property will be if this project goes or if it is denied. But it is our opinion and my opinion that if this project is TN? denied; the future will be much worse than -if -lit is accepted. Thank you. Mayor Suarez: Thank you, Joe. What about the norms that he referred to that aA apply to senior housing throughout the City that would require here roughlyt4. percent and then the extra ten percent that he reduces it? Is that... t Mr. Olmedillo: Yes, there are two concepts in the zoning ordinance, and Mr. Cardenas did quote them correctly. You have a half down to the 50 percent t} .� reduction by a special` permit, administrative permit,. which, again, can ,be appealed, of course, and it's the same process once it's appealed, =' Mayor Suarez: But we would be applying norms that would call K. for that typically?s Mr. Olmedillo:: Yes, what we took at is the provision of mass transit:. Whether they are close to mass transit. Whether the... ' 293 aun+� Ol I 0 „ _ f t Mayor Suarez: And is that also a ten percent additional reduction? - Mr. Olmedillo: the ten percent additional reduction that he was speaking of is the proximity to Metrorail, and it is contained in the ordinancei, Is of course, do not agree with the.. ,a- Mayor Suarez: But it's not a fixed thing. I mean, you don't... Mr. Olmedillo: It's not a fixed thing, it's ... =_ Mayor Suarez: As a property owner, you wouldn't have a right to, in this case let's say, if it was a hundred units required and then you reduced it by fifty because of senior housing, and then you reduced that by ten percent... r Mr. Olmedillo: No, you have to make specific findings and then submit-lt, and make the decision which is appealable to the Zoning Board and to this Commission. Mayor Suarez: All right. Counselor, anything further, either way. I don't really care which one finishes first. Mr. Cardenas: Mayor, I just wanted to make a couple of comments... Mayor Suarez: OK, wait, wait, Al, I guess they have one more lay witness. Jesus. Mr. Jesus Rois: I wasn't sworn in before because I wasn't planning to speak. Mayor Suarez: Please be sworn in, Madam City Clerk. Last, last... after this we close the hearing except to lawyers. Go ahead. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING: ISSUES. Mr. Rois: My name is Jesus Rois, 358 S.W. 22nd Road. I am an elected director of the Miami Roads Neighborhood Civic Association, and:I would like to say that when Joe Wilkins was using the plural, he probably meanttwo ,or three other directors, because we have never had a resolution, not even'.a vote, on this particular issue. (APPLAUSE) Mayor Suarez: Wait, wait, wait. Oh, you're finished. OK, do`you.want any clarification on° that? Joe, you referred to a vote like three,years'ago., I s v don ' t Mr. Wilkins: Our directors voted eleven to one not to oppose the project. , Mayor _Suarez: When? Mr. Wilkins: In 1988, when last we visited when this project was presented to us. ti Mayor Suarez: OK. So, I mean, I'm not sure that it's exactly apropos. Mr. Rois: No, no, I'm talking about the 50 percent parking requirement. We`d haven't discussed this subject, this variance, as it is presented today, Mayor Suarez: OK. No, he referred to 50 percent is what he was talking't about. Mr. Rois: To fifty percent. E Mayor Suarez: Not thirty-one and not thirty. I Mr. Rois: That was not discussed at our board. It is not a resolution ofg ' F i this board of directors. Mayor Suarez: All right, maybe we didn't have a, you know, minutes bean. f 1 $ � taken, but God knows what correct version of that is. v i y t`- r 294 June 24, a � d �F" 3 Mr, Cardenas., Mr. Mayor, three quick comments for the record regarding Mr. Elegant's quotations of cases. Each and every case he cited, and rightfully so, involved conventional buildings. They involved issues such as financial hardship of the owners, etcetera. None of those cases are applicable to either this case or the previous senior citizen 202 projects the City has visited. They did not deal with the same issues. Senior citizens are treated separately in your ordinance and in case law, every single case he cited involved conventional developments, and are, therefore, totally unapplicable at law to this proceeding. Number two, he stated that this would be 150 foot high project. Its measured height is approximately 80 feet. Lastly, I want ¢- to add an additional factor for the City's consideration. In view of the comments made by the neighbors and in fact that we believe that not a single additional on site parking space is necessary, additional space is necessary, we went through the precaution of providing this City - this project - with additional parking spaces. And I'm going to submit for the record to you an agreement signed by the County Manager, as well as by CODEC, providing 15 additional parking spaces at the Vizcaya -Metro station parking lot which will be for the exclusive use of this project. I again.... (NOES FROM THE CROWD) Mayor Suarez: You know, for a bunch of church -going types, you are very unruly. How many would that bring it up to? Mr. Cardenas: That would bring it up to 46 spaces, Mr. Mayor. And, as stated to you before - excuse me, 48 spaces. Now, let me, if I can, remind you of the following. Your own Code... right. Your own Code in the City... Mayor Suarez: Don't do too much reminding because you're wearing us out, and we got to vote on this. Mr. Cardenas: Well, I'm finished in 30 seconds. Your own City provides that senior housing needs are 50 percent less than conventional. That brings us down to 50 parking spaces. Your own City Code provides that add to that ten percent, because of the Metrorail proximity. That brings it down to 40 spaces. We're providing you today with 48 parking spaces, eight above those required in your policy. But most important than that, we're providing you the assurances that HUD permits us to provide that we will not, under any circumstances, lease 60 of those units with any car operators. Thank you very much. Mayor, Suarez: OK, thank you. Counselor, last statement real quick. Mr. Elegant: Two statements. As far as the height of the building, that's clearly set forth in the Acton report. In addition to that, off-street parking has to be on site in these circumstances, not off site. There's no provision in this ordinance for off site. Mayor Suarez: Mr. State Representative, did you want to make any kind of a statement? Rep. Al Gutman: Yes, Mr. Mayor, thank you. Mayor Suarez: Please. Mr. Gutman: Mr. Mayor, Commissioners... :Y yr. Vice Mayor Plummer: Excuse me. Of all people that should be sworn, it should s: be state representatives. Swear him in or... Mayor Suarez: I guess we have a rule... Mr. Gutman: Do I need to be sworn in? Vice Mayor Plummer: he's also a lawyer. That's a double sword. Not only is he a state rep, but Boy, we want him sworn 1nl Mayor Suarez: Were you sworn in? vice mayor Piuman N0.6 Mr. GutMant 'that's fine. _ Mayor Suarez: Please be sworn in. Madam City Clerk, AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 1061110 THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Gutman: Do I 'still need to state my name and address for the record? Mayor Suarez: please. C Mr, Gutman: Al Gutman, 681 S.W. 28th Road. Let me first state, Mr. Mayor and Commissioners, that... Mayor Suarez: You promised a brief statement. I see you're getting wound up. You remind me of Al Cardenas, even though you're not a lawyer. Mr.Gutman: Let me tell you that I am a Roads resident. I know the Roads, I've lived there for the last couple of years. I've also been an advocate of senior citizen housing. That has been one of my priorities. I guess next to - you, Mayor, I come in second in that issue. But there's things that we need to consider. While I support the concept of senior citizen housing and elderly' housing for low income individuals, which is needed. Let me tell you, it is really but at the `same time, we need to keep in consideration .needed, the neighborhood. Let me tell you why I say that. In that area, there 1s'a traffic problem. There is congestion, and it's spread throughout that whole area. You can over to like 25th Road, look around, go around the Roads, and you will notice the problems that we have with traffic. This will affect that condition negatively, and I'm concerned about that. 'While I would love.to see a senior citizen housing project go up, 'my concern, my concern about the traffic problem, the congestion, and all that it attracts, is there. Yo0 ve F got a tough decision, you've got a'tough decision: Mayor Suarez: Don't we know that. F } Mr. Gutman': Yes. And there is a lot of good people on both sides. But please'consider the 'area, consider the traffic.hazards,;consider the impact";on, j the area. It will gravely affect the area. So please give that your utmost ` -y consideration., -Thank you: Mayor Suarez: Thank you, Mr. Representative. All right. (APPLAUSE) a , Mayor Suarez: God, what an unruly group! All right, Commissioners... Were you `finishing up or you had? Comn1 ssi oners, what's your pleasure? Not so x pleasure. } Commissioner Dawkins: Mr. Mayor. yid Mayor'Suarez: Yes. k Commissioner Dawkins:" I was here at the beginning of this, and it all ;strived a out because this Commission refused to force a'developer to put 200 unit oi'" Tow rent housingon C1au hton Island. Now had we forced that "ddve:l;o �r t 9 Now, have put the low rent..".` 200'' units of Tow rent housing on C1aup ton _Islar,g1,< .' this would never have happened. But we decided - and I voted a�9anstt� butti 4 x the majority decided, so I'm with them _ that we would accept money frprn°the developer in lieu of the units. And 'that 100 units be put in. Liberty pity n with ,this money: a 100 units of low rent housing in Little Havana,,,a 100 � ur�i ts Qf°low rebt housipg in the white eomnurilty, But, the people when they deo1ldgRel on., that parcel of land, the neighbors just as you are doing now, k'•g�uess-.0 didn't know about it - came down to protest. And their protest ways low rend housin would be detrimental to the area. And... well then, now if you were K hero, you go ahead and tell me If you were not here, listen to me. Mayor Suaren Please, please, please, `1 m } x§�-., '•.,'„ X,. z :" n as - 4 Cornmissioher Dawkins: OK, all right, OK. So, therefore, the people here convinced this Commission that senior citizen housing was less detrimental to the area than senior citizen housing tsic]. So, therefore; they decided that we were going to put senior citizen housing there. the money and everything was in place. Now I have yet to hear anybody with the signs, or without the signs, say that they are against the building of units. What I have heard = and if I'm in error, I'll stand corrected = that they are against the building not having adequate parking. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Dawkins: Now, that is... beg your pardon? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Unidentified Speaker: Excuse me, sir, we've been against the building since the beginning. Mayor Suarez: We know that. In fact, I remember the face. I hadn't seen you. Now I remember. You're very consistent, you're very consistent. I — remember the face. I remember the lack of order, but you've done much better today up until just then. All right, Commissioner Dawkins, please. Commissioner Dawkins: So since I've heard no one say that they are against the unit, that they are against the parking, giving a parking variance. Then I would have to say to the developer, it would seem to me to reach a happy compromise, and you're going to have a hundred units of housing, that you would assure these people that you will not rent to anybody with an automobile. And, therefore, if you rent it to people without an automobile, then the 31 parking units that you have must be reserved for visitors. And, therefore, you don't have the problem. And I don't give no variance because I don't have to give one because there is a covenant proffered voluntarily, that the units will be... you already said you were going to -rent 60 of them to people without automobiles. What's wrong with all of them? And then... Mayor Suarez: Please, please, please! The public hearing is closed. The pubIic'hearIng is closed. We're hearing from the Commissioners.. Ma'am, you know I see you all the time at St. Peter and Paul. You behave so well over there. Please, please, please. Commissioner Dawkins: -OK, there's no sense in trying to discuss this further, because the lady won't allow me to. So, therefore, I'll just go ahead and: vote if I can get an offer of something that 80 or more :units would be rented to people without automobiles, that... - Mayor Suarez: Can you increase the... counselor? Commissioner Dawkins: ...that we will... (APPLAUSE), r Mayor Suarez: Please, please, please. It doesn't help. You know, it's 8:52. We've been here since 8:00 o'clock in the morning. Commissioner Dawkins: ...because nothing... We need units for senior citizens'L We also need for the neighborhood to be stable, and I -am approaching that area where I will need a house and we have money here that's been appropriated for senior citizen housing, and. we need.1 t. 50; therefore; I'm going to move that if we can get an offer, I mean, a voluntary covenant, that 80 units will be reserved to rent it to people without automobiles, and�eY that the 31 on site parking spaces be reserved for visitors and the deliveries, and that the parking which you have in the Metrorail area >be �s strictly for residents, then I'll so move.z Mr. Cardenas: Sir, I accept every condition you proposed. I only wish to r, i suggest that you permit the handicapped to also park on the premises because z i of the... (LOUD TALKING, NOES FROM THE CROWD) Mayor Suarez: Please, please! r 297 June 20, 1091 Y Y r'r 1: � k te; Mr* Cardenas! ..the people in wheelchairs Commissioner Dawkinst. Hold it. You see, evidently I'm not getting through Clear. I said rent to people Without an automobile. So in order for a handicapped person to park, the handicapped person would have to have an automobiles Vice Mayor Plummer: Not but you've got to provide handicapped spaces. That's 1AW, "A Commissioner Dawkins: So 1 just said, nobody with an automobile. Vice Mayor Plummer! Well, not excuse me. Just for the record, Commissioner, that means that there would be 20 units that could have an automobile, and I think by law you have to provide handicapped spaces, don't you? -by law? Mr. Cardenas-, Yes. Commissioner Dawkins: For parking, for parking.... Vice Mayor Plummer: For parking. Mr. Cardenas: Yes. Commissioner Dawkins: Vice Mayor Plummer: Mr. Cardenas: Yes. But not... I mean, you've got to provide that. Vice Mayor Plummer: I don't think... ten? Commissioner Dawkins: OK, well whatever. OK, well whatever. Vice Mayor Plummer: You've got to provide that on site. Mayor Suarez: Can you make a commitment not to exceed 20 people who have, automobiles out the hundred? Mr. Cardenas: Yes, sir. I've consulted with CODEC people and, yes, that will be strictly enforced, and we'll notify HUD accordingly. Mayor Suarez: And you're still going to have the fifteen at the Metroral,l- station . Mr. Cardenas: Yes, sir, we will. We'll have a total of 48 spaces. Mayor Suarez: So that would be a total of 48? Mr. Cardenas: Yes. Unidentified Speaker: No! Mayor Suarez: Please, please. With 20 maximum that would have automobiles* Me. Cardenas: Yes, sir. Mayor Suarez: Well, that's the motion of Commissioner Dawkins. Does, that....? Commissioner Dawkins: Yes, sir. d 5k Mayor Suarez: Do we have a second on the motion? Commissioner Alonso: Mr* City Attorney... 3 Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Can these be imposed to them as a condition for this variance?k. �33,,-St'"d°2i �fJR'F�S+y.,.." 'jk+ v,. 5'{l�h j� 4€ fl Miriam Maer, Esg.: Yes, I would suggest that, in fact, these be conditions ' attached to the variance► It's not necessary to have the voluntary proffer when. we're dealing with a variance, because you are entitled to attach All reasonable conditions and restrictions to the grant of the variance. So, in fact, you can attach these as a condition to the variance if that's what you — wish to do. Commissioner Alonso: OK. I know the area of the Roads quite well, Vice Mayor Plummer: The City. Commissioner Alonso: As a matter of fact, my daughter lives in 19 Roads. But I am also aware of the need of the elderly buildings is a necessity in this community, and I believe very strongly...(APPLAUSE)... that by limiting the parking spaces in the building, we are guaranteeing to you that you will not i have the problem of the traffic, and the parking in your neighborhood. (LOUD TALKING FROM THE CROWD) Mayor Suarez: Please, please, please! All right, I would want an officer to be awfully close to the back on the left, because I think somebody wants to hear this argument outside back there. Commissioner Alonso: The situation... the only item in front of us today is the parking. The zoning was done before, and it's not in front of us today. You know as well as I do that they can build tomorrow another building if they want to, and no one can stop the building. So of the two evils, I think the best it will be the restriction of the parking, and a building that is for elderly citizens that guarantee to us the best of the two evils. So I second the motion of Commissioner Dawkins. (APPLAUSE) Mayor Suarez: Seconded. Counselor, behind you there is a gentleman. I don't know what he wants to say, if it's a clarification or point of order. I'm going to let you just grab the mike for a second and tell us why you weren't ready to address this Commission an hour ago when the argument began. Mr. Julio Lopez: I couldn't get in, I couldn't get in, OK? Mayor Suarez: OK, give us... Mr. Lopez: My name is Julio Lopez hold it. ;r Mayor Suarez: OK, give us your name and address, and make a brief statement, please. Mr. Lopez: My name is Julio Lopez, 1188 S.W. 22nd Terrace. Vice Mayor Plummer: Now be sworn in. Mr. Lopez: Who? Somebody raise their hand. Mayor Suarez: Madam City Clerk will swear you in if you'll just be patient, Julio:. t AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE' No. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. .ny3r�i Mr. Lopez: Let me make a quick point. In 1979, when they built the Vizcaya { [ station, Mr. J. L. Plummer was on a committee paid by taxpayers' money that i they said' that no building was to exceed four levels high. A building was z built on S.W. 1st Avenue and it did not exceed four stories high. As a matter, , of fact, there's only three buildings... there's only three stories that are apartments, the bottom story is all parking. I got a bad enough problem. I " own a property there with my parents, OK? I got a bad enough problems.:, I lived there, when I moved in there was an office building. i got the'cars'in s front of my, house. Now this guy over here, all he cares about is''his pocket, r that's my personal view. Mayor Suarez; Those arguments are not going to help. , 299 June 20, 1991 t p„d Mra Lope: OK? He wants to stick out. SeCOMd of all, there's a 'tot of, senior citizens that own homes in this area, and he's insulting each and everyone of them by saying, that nobody drives a car. (APPLAUSE, BOOS, CHEERING) Mr, Lopez: I go by those projects, sir. Mayor Suarez: That's not his argument. That's a restriction we're building- in. Mr. Lopez: Wait a minute, wait a minute. OK? Mayor Suarez: All right. Mr. Lopez: Hang on. The other thing is, Metrorail, you cannot park for free, my friend. It costs a dollar, and if you don't pay that dollar, your Car is going to get towed. And that's a fact of reality, my friend. And I hate the way you railroad these people. Mayor Suarez: You're making your arguments to the wrong person. Thank you, Julio. Mr. Lopez: Thank you. Mayor Suarez: You make your arguments to the Commission. (APPLAUSE) Mayor Suarez: We have a motion and a second. Any discussion? Vice Mayor Plummer: Under discussion. Mayor Suarez: Vice Mayor Plummer. Vice Mayor Plummer: I have a note here that I think should be answered, and the question is, who will be enforcing the restriction of the.... - (LOUD TALKING) Mayor Suarez: Please, please, please. "f Vice Mayor Plummer: Wait, wait, wait. Please, please, I'm trying to keep it .. simple. f Mayor Suarez: You got your question in by hook or crook. Vice Mayor Plummer: Who will enforce these conditions for the next forty years? -Mr. Rodriguez, would you answer that, please? (COMMENTS AND TALKING FROM THE CROWD) Mayor Suarez: Please! Mr. Rodriguez: Hopefully, not me. I don't plan to.last that long.,,But.,. Vice Mayor Plummer I plan on being here that long. Commissioner. Dawkins:. J.L. will be here } t �k Mayor Suarez: Yes, J.L. will be here another 40 years, that's... that will make it;61 altogether. Break the all time record. Vice Mayor Plummer: I broke that ten years ago. ; Mr. Rodriguez: The condition will be imposed on the conditions that you b4,Ve u ( on the special exception, on the variance. And what you can do is, they car# submit every year to the administration, a particular period of time, A record z showing what they are doing and then subject to review by the city j[ administration for the next few years, 300 ,dune 20, 1901 F� Vice Mayor Plummers OK, I guess that what they're really asking is, if there is a violation, what happens? Mr► Rodriguez: When, if there is a violation, you have to go to the Code Enforcement Board. Or if there is something that is not working, I need to ask, I guess, our legal department, if there is something specifically that is not being followed through the conditions of the variance whether there is any other action that we can take besides the Code Enforcement Board, like legal action or anything like that. Ms. Maer: I think that one thing the Commission could do if it wished is to require, in addition to making these a condition to the variance, require a covenant, a separate covenant, to be provided to us which gives the enforcement rights to the City and to the property owners within, normally we say within 375 feet of the area, so that if they were to feel that the conditions were not being complied with and didn't want to have the City go through the route with the Code Enforcement Board, they, at their own expense, would be able to bring an action to enforce the terms of the covenant. other than the covenant procedure, in fact, what Mr. Rodriguez has stated with regard to enforcing the variance, would be the other remedy they would have. Mayor Suarez: Would you agree to any such additional covenant? Mr. Cardenas: Mr. Mayor, I think the simplest way to monitor this is, we'll have a hundred leases, and at least 80 of those leases there will be a precondition that the tenant shall not own or operate or permit to be operated, a motor vehicle. Mayor Suarez: Well, that's nice to put in the lease, but we don't want to have to be the ones that monitor the leasel I'm going to have somebody removed. Vice Mayor Plummer: Damn! Would somebody take that hammer away from him. You're giving me a headache. Mayor Suarez: I'm going to throw 1t at you in a second. Please. Mr. Cardenas: Now, if... Commissioner Alonso: Is it possible to have it as a condition of the applications that are completed for this particular building? Vice Mayor Plummer: Could we buy him a rubber mallet? Mr. Cardenas: Yes, absolutely. Commissioner Alonso: Is that legal? Ms. Maer: Well, you can certainly impose that as a requirement in -granting the variance and in the covenant, if that's what you wish. Vice Mayor Plummer: Anything you want. { Commissioner 'Alonso; Yes, I want to be sure that this is what I approved today.We don't have to go to the Code Enforcement. We don't have to bother with enforcing the law. I want that if we find this as an agreement and a n` solution of the middle of the road situation that we didn't want to be, this is the only way that I would feel that I can support this position. ''By knowing that in the application, the people have to let me know they 'don't, { h have a car. Mr. Cardenas: Right. F- Commissioner Dawkins: And will not own one. Commissioner Alonso: And will not own a car. If they do, they have to move. If this... (LOUD TALKING AND COMMENTS BY THE CROWD.) Mayor Suarez; Please, please, please, please.... Counselor, after the Commissioner is finished, 301 Jane' 20, 1991 ti� 'r t 4 y Commissioner Alonso. 'is this legal? Yes or no. :3 MsMaer: Yes. Mayor Suarez: Please! Commissioner Alonso: Yes, it is? Ms. Maer: That's legal. I'm not sure it cures your enforcement problem, but it's legal. s Mr. Cardenas: Yes, fine. That's fine. Commissioner Alonso: I beg your pardon? Ms Maer: I say, it's legal to require that in the application. In other words, you would require that as a condition that you're imposing on the applicant in return for granting the variance. In terms of whether that solves your enforcement problem, I'm not saying that that solves your enforcement problem. But it is legal to impose that requirement. Mr. Cardenas: Yes. Mr. Elegant: The problem with this mechanism... Mayor Suarez: Counselor. Mr. Elegant: ...is one of enforcement. You can have an applicant make an — application which states that he does not and will not own a car during the tenancy. Your problem is enforcement. From a practical standpoint, it will never be enforced. That's the difficulty. The normal... CommissionerAlonso: What if they lose the apartment? -because it was rented under the conditions. The same way that I demand you have to pay a certain amount, and they have to make payments, is exactly the same way if you own a car, you lose the right to live in this building. { Mr. Elegant: The particular problem though is greater than that. The normal . situation where a variance has been breached or violated, is that the variance r' is revoked. That's the normal condition of a variance. The problem 1s, q you're putting the -burden; these folks almost to enforce this'. The City, doesn't want this -burden either, because it's a very troublesome one. The problem is revocation of the variance'is`the only one that means 'anything. If a. person loses an apartment, 'that' s very very slim enforcement. It's not ' going to mean very much: Mr. Cardenas: And,'Mr. Mayor, enforcement is applicable in'an� condition in"� y - n, any Variance or special exception that you grant, 'that you impose conditions. on. Every time we have a 'hearing, there are `conditions imposed on all of; ahem, and the process is supposed to be enforced. If' we lose faith in the process, then why impose them?" It's a matter of pro-fo' a, it's a matter of 45� something we`'do in every application that Merits it We've warranted that x those will be conditions that wi 11 ` carry through: wi th a variance. Counsel or _ understands, I think, that if there are material. breaches of that, that situation, that there are ``plenty of Vehicles to enforce it." We'll agree that " in the application and the lease we will have those provisions.' They'll be h available for review. And as a matter of fact, we'll be happy ,-to have .any 4r neighbor in that area come and review the leases periodically if they wish to. £ Mr. Elegant: That's not meaningful. Revocation is the only thing that makes° any sense. That's the only hammer you could have. y� Mayor Suarez: Well, we would be in a position to revoke -'if we find they weren't complying, right? fi Mr. Cardenas; Yes. Ms. Maer; Absolutely, Revocation of the variance is the obvious That requires a hearing back here, and... v t4 4 �., Mr. Cardenas; That's an existing remedy. It's an existing remedy. - ft gad F f 302 he ZQ I r a z � c'.� h 4 i ji t { f Ms. Maem And: that's a remedy you have with every variance that you grant. Obviously, you have the remedy of revoking the variance if the conditions are not met." Mayor Suarez., OK, we have a notion and a second. Any further discussion from the Commission? If not, please... t- Vice Mayor Plummer: Mr. Mayor, under discussion. Mayor Suarez: Yes, Vice Mayor Plummer. Vice Mayor Plummer: There is without question an absolute need for housing in this community. I have to take exception with the gentleman who spoke disparagingly of CODEC. CODEC in this community has done an admirable job. And the projects that they have put together, I got to tell you that I, as a Commissioner and as a taxpayer in this community, have been proud of the projects that they have done, and continue to maintain the projects. I_have not once found that where they made a statement and a promise that they did not live up to it. In spite of that, I've got to stay consistent. I have voted against this project since day one. I feel that this project is not for this particular neighborhood... Unidentified Speaker: J. L. (APPLAUSE) Vice Mayor Plummer: Skip, Skip, please. I have voted from day one in opposition to this project. And I feel to be consistent, I will do the same this evening. (APPLAUSE AND CHEERING) Mayor Suarez: All right, any further discussion from the Commission? If not, please call the roll on the motion. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-482 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARDAND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, 'R-4.- MULTI-FAMILY HIGH DENSITY RESIDENTIAL, OFFSTREET PARKING REQUIREMENTS, TO ALLOW THE CONSTRUCTION OF A NINE-STORY_100 UNIT RESIDENTIAL STRUCTURE PROVIDING 31 OF 110 REQUIRED OFFSTREET PARKING`SPACES, ON ABOVE SITE, -AS PER PLANS ON FILE, FOR THE'PROPERT;Y ZONED`R-4 MULTI-, FAMILY RESIDENTIAL, LOCATED AT APPROXIMATELY 168-200 SOUTHWEST 32ND ROAD, 3200-3202 SOUTHWEST 22ND` TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), SUBJECT TO THE FOLLOWING CONDITIONS: (A) 80 UNITS WILL. BE RESERVED FOR RENTAL TO PERSONS WHO DO NOT OWN OR OPERATE AUTOMOBILES (B) THE 31 ON SITEh PARKING SPACES SHALL BE RESERVED FOR VISITORS' AND DELIVERY PARKING ONLY (C) CODEC, INC. SHALL MAINTAIN A LEASE, WITH DADS COUNTY PURSUANT TO WHICH NO LESS THAN 15 PARKING SPACES AT THE VISCAYA-METRO STATION PARKING LOT SHALL BE CONTINUOUSLY AVAILABLE FOR THE,EXCLUSIVE USE OF THIS PROJECT AND (0) A COVENANT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY SHALL BE RECORDED IN =: THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA,, CONTAINING ALL OF THE ABOVE CONDITIONS. a z s (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 p assed and adopted by the following vote: , 3D3 June 20, 1901 f .I ,?i ,kyrl hzE2R1. k�fx� *f R lo AYES: CoMilsioner Miller`J. Dawkins Comissioner Miriam Alonso Mayor Xavier L. Suarez NOES Comissioner Victor be Yurre. r — Vice Mayor J. L. Plu*er, Jr. WENT: None. COMMENTS MADE DURING ROLL CALL: 4r Vice Mayor Plummer: I have stated for the record, and I vote no. Commissioner De Yurre: Well, like I said at the beginning, you know, I think' s that the neighbors need some satisfaction, and the only way that I could, have voted for this, it would have been if there would have been nobody with cars moving into that building. Since that's not the case, i have to vote no.` (SHOUTING AND APPLAUSE) Mayor Suarez: Please. Yes, I vote, yes. COMMENTS MADE FOLLOWING ROLL CALL: Ms. Maer: Mayor... Mayor, Suarez: It breaks the tie. I vote yes. I appreciate everyone - please, please - who has been here. I guarantee the people in the Roads that this situation is something that we backed into a few years ago. Please! Pleasel And to the extent that this Commission can help to keep the neighborhood from having any high rises or having overdevelopment, we will do the best that we can. But we have...(SHOUTING AND TALKING) Pleasel Please, please, please. Right. OK. Thank..you, everybody. You were reasonably... { Unidentified Speaker: Mr. Suarez, I have a question.: Mayor Suarez: No, ma'am, no questions. You can,; ask all the questions you. want. We've -got a couple of other items,:then,we have to adjourn. Thank you. Thank you, everybody. (SHOUTING, CHEERING, APPLAUSE) e F. Mayor Suarez: Pleasel Senor por favor. M Commissioner Dawkins:_ Mr. Mayor, are'we going to finish the agenda? Commissioner Alonso: Yes, we'd better. Mayor Suarez: We're going to either that or continue any other items that are left. Please, ma'am. Senor, por favor. I'm going to have you removed, s. ma'am, if you, can't, control yourself, please. Vice Mayor.Plummer Nobody ever said it would be easy. (SHOUTING, LOUD TALKING) Mayor. Suarez: Please. Pleasel, We get blessed and we . get cursed. Commissioner Alonso: That's right, at the same time.§ r ,,r 4 Mayor Suarez: Interesting to be both blessed and.cursed. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY prl 5 REFERS CONSIDERATION OF PLANNING AND ZONING. AGENDA ITEMS TO CONSIDER A REGULAR NON-AGENpA ITEM.] 304 sNiru . i�ilil.'sYil it lii i ifi �iil is iiilii.l1Y 1.1iY. iai iC ii Yti. Yuri ii irYYiY`titYi fYi iiGL Yii Ji fii.i ii YY iii Si lGi iYl YnY'�Yi ii il�iY atiiiff:iim��WYc aiW itiL ilf iY iYii iYs {Y�iY i1�YG/i iliiiipl� 93, DISCUSSION CONCERNING COMPLAINTS EXPRESSED BY PEDRO RODRIGUEZ MEDINA CONCERNING REQUESTED CANCELLATION OF ALL CITY OF MIAMI NEWSPAPER ADS ALLEGEDLY SUPPORTIVE OF THE CUBAN GOVERNMENT - ADMINISTRATION REQUESTED TO RESCHEDULE AS FUTURE AGENDA ITEM6 -------------------------r` r---- ----------- - r [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.] Commissioner De Yurre: Mr. Mayor. Mayor Suarez: Yes. Commissioner De Yurre: If while we're waiting for people to leave at this time, -I have Mr. Pedro Rodriguez, that he has to make a quick statement. White people are walking out, he can just read it into the record. Mayor Suarez: Yes. Vice Mayor Plummer: I am consistent. Commissioner De Yurre: Go ahead. Mr. Pedro Rodriguez Medina: OK. HONORABLE ALCALDE. Mayor Suarez: Please. Do we have City staff at all that can help to clear the chambers? Do we have any police officer? Do we have anybody here that can give us a hand to restore order in these chambers? Where are all your officers, Joe? You know, I'm going to warn the Assistant City Manager, through him to the Manager, if we have the inability to maintain order here, I'm going to... (SHOUTING FROM THE CROWD.) Mayor Suarez: That lady, you know, should be .told, Mr. Assistant City Manager. Where are the officers? Mr. Sergio Rodriguez: They're... Mr. Longueira is moving... He's just... Mayor Suarez: The Commission should not be subjected to this. Mr. Rodriguez: I agree. We have a Mayor Suarez: You should be arrested, sir. (INAUDIBLE RESPONSE FROM THE AUDIENCE.) Well, we'll do that if we have to. Weil do.that if we can't;.. if you can't compose yourself. Mr. Medina: MI NOMBRE ES PEDRO RODRIGUEZ MEDINA. RESIDO`EN 3595 N.W,DE LA 102 STREET EN LA CIUDAD DE MIAMI. HONORABLE ALCALDE Y COMISIONADOS DE LA CIUDAD. is Mr. Rodriguez: I'm sorry, I'm sorry. I don't know. What item is this? Vice Mayor Plummer: Excuse me, what item is he speaking to? Mayor Suarez: I think it's a special request. Commissioner De Yurre: It's an out-of-pocket kind of thing. Pocket item. Mayor Suarez: Special request. Commissioner De Yurre: He's just going to make a quick statement. 305 June 200 1991 s 4 t Vice-MAyorw Plummer About . whoa, whoa, - whoa. Now, we're supposed to adjourn et 9.00 o'clock. I'M Willing to stay for the two agenda items. I don't even know what this item is. :> Commissioner De Yurre: He's going to tell us right now, J, L6 Vice Mayor Plummer: I mean, how does he just come to the microphone and start x- talking? Commissioner De Yurre: I asked him, I asked him to step up. Mayor Suarez:; The Commissioner requested. I Vice Mayor Plummer: Oh, I'm sorry. You asked him to? _ y Commissioner De Yurre: Yes. } r Mayor Suarez: The Commissioner requested it. Mayor Suarez: Pedro, just make the statement quickly, please. Vice Mayor Plummer: OK. Mr. Medina: OK. { Mr. Rodriguez: Yes, go ahead. Mr. Medina: -HONORABLE ALCALDE DE LA CIUDAD DE MIAMI Y COMISIONADOS. ANTE E USTEDES COMPARECEMOS EN LA ABSOLUTA CERTEZA DE QUE SE PUEDE RECTIFICAR-UN I` DESCOMUNAL ERROR `CON 'EL QUE SE OFENDE DE UNA MANERA GRAVE AL 64 PORCIENTO-DE LOS RESIDENTES DE ORIGEN CUBANO. AL 65 PORCIENTO QUE VIVE EN EL ESTADO DE LA FLORIDA DE 1,043,932 CUBANOS -AMER I CANOS QUE SE ENCUENTRAN VIVIENDO EN LOS ESTADOS UNIDOS: TRANSLATION: .Mr. Mayor and members of the Commission. We appear before you with the complete confidence that we can correct a'major mistake, which we N will offend the 64 percent of the residents of this area with a Cuban origin. t.� The'65 percent of the one million...`i. 1 Mayor Suarez: Pedro, get the point, please.. What do you need from us? If, y Y }� -not, we'll put you on the agenda for the next Commission meeting. We've gone 3' beyond our... What do -you -:want? { TRANSLATION: TIENE QUE HABLAR AL PUNTO, LO QUE SEA EXACTAMENTE h Commissioner Dawkins: What does he want? -tell him. Vice Mayor Plummer: What is the request before us? Commissioner Dawkins: Tell him to tell us what he wants. ;. Mayor Suarez: PEDRO, QUE ES LO QUE.ESTAS BUSCANDO? Mr. Medina:'' OK. ENTONCES, NOSOTROS LOS FIRMANTES EW ESTAS.TRES HOJAS`QUE sON j? MIEMBROS Y DELEGADOS ANTE LA CUMBRE PATRIOTICA CUBANA, DE SIGUIENTES 4 _LA ORGANIZACIONES REVOLUCIONARIAS QUE'LUCHAN POR LA LIBERTAO-DE CUBA,.24'AQUL QUE. SE,:LO PONGO, NO:VEMOS CON<TRANQUILIDAD QUE'LA CIUDAD DE MiAMI CONCEDA ANUNQiOS. °Fs A PERIODICOS QUE SE DICEN CUBANOS, QUE CON SU CONDUCTA AYUDAN A:FORTALECER'i.A VIL TIRANIA QUE SUBJUGA AL PUEBLO CUBANO. USTEDES BIEN SABEN QUE LOS.CUBANOS Y. SUS FAMILIAS QUE VIVEN EN MIAMI ' EL :CONDADO DADS Y LA.FLORIDA' SUFREN ENIUS CARNES LA .TREMENDA TRAGEDiA DE CUBA CON MAS DE I000000 ASESINADOS: Y ':' ��4�a� FUSILADOS.., h i TRANSLATION; We, the signers... we are members from the Patriotic. CUMBRE jtyY Cubans Group. From the different organizations that have Tight_ for the freedom of Cuba. Twenty-four different organizations. We goo t see #row he f — ... 'City of Miami Give advertising to newspapers which are c y 9 all henr;;e1 ■es V Cuban. And with that, they hel p ' to support the tyranny -in in Cuba,,-, You knew . very well that the Cubans that live in Miami and the County and in the St4te., of Florida has suffered tremendously with the tremendous tragedy in Gina with more than hundred thousand... one ,'. Mayor Suarez; Pedro, Pedro, I'm going to have to cut you off. We've We w4y i. beyondt our time.. �l t AYY Mr..Medina Okj Mayor, YA YO ESTOP ACOSTUMSRADO A LA REPRIMENDA SUYA. CON PERMISO. MUCHAS GRACIAS. Mayor Suarez. Pedro, you're not on the agenda. My Commissioners want to leave, they're entitled to leave at nine. What do you want us to do's QUE ES LO QUE QUIERES? QUE ES LO QUE ESTAS PIDIENDO? T s� Mr. Medina: OK. LO QUE ESTAMOS PIDIENDO NOSOTROS AQUI, CONFIAMOS EN LA CAPACIDAD DE INTELIGENCIA DE USTEDES PARA QUE..._ TRANSLATION: We're asking from you at this point..._ Commissioner Dawkins: They going to speak on this same issue? You are speaking on this too? Mr. Rodriguez: OK, let me try._ Mr. Medina: ...SUSPENDAN IMMEDIATAMENTE ESTOS ANUNCIOS QUE DAN DE CINCO POR UNO Y ANUNCIOS DE PAQUETES A CUBA A LOS PERIODICOS QUE SE DICEN CUBANOS... TRANSLATION: We will trust you that you will suspend ten... j Commissioner Dawkins: Mr. Mayor, you have to... I'm sorry. Mr. Medina: ...QUE ESTAN TRAFICANDO CON LAS DIVISAS. TRANSLATION: You cancel immediately all the ads of five by one which give money to Cuba. Mayor Suarez: OK, we've got the basic point, we've got the basic point. - Thank you. We've got the basic... Well, I'm going to lose my Commission here because we're way beyond the time. If you want to have additional statements, Pedro, you can reschedule and you can come back the next Commission meeting. We'll put you on the agenda. You'll have plenty of time, OK? t Mr. Medina: OK, ENTONCES TENGO UN ESPACIO PARA LA PROXIMA VEZ PARA PLANTEAR OFICIALMENTE... Mayor Suarez: Absolutely. [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE PLANNING AND ZONINGY - PORTION OF THE AGENDA.] ----------------------------------- ----------------- --------------- ------ 94.- CONTINUE AGENDA ITEMS PZ-18 AND PZ-19 TO PLANNING AND ZONING MEETING PRESENTLY SCHEDULED FOR JULY 25, 1991 (to be heard after 6:00 p.m.) ---------------------------------- ------------------------------ ---------- =--- Mayor Suarez: Absolutely, absolutely. OK. Mr. City Manager is there anything we have to dispose of today, or can we just continue the rest of the}} items? Mr. Rodriguez, • I think you can continue the two items until the next meeting which will be July 25th. • Mayor Suarez. OK - t Y Mr Rodriguez: Which item PZ-18 and PZ-19, 5; Mayor Suarez: I'll entertain a motion to continue the items. I know... fi Unidentified Speaker: Mr. Mayor... Mayor Suarez;. I know it's painful, but... " > Unidentified Speaker: Mr. Mayor.,. #k { 307 Juno 209 1991 i E s itr ttin6 tF`Sxy-r..�'i'+� L f ( INAUDIBLE COMMENTS NOT ENTERED INTO THE OUBL IC RECbRD O x Mayor Suarel: Well, it's not going to be like this one, i guarantee you fi E. because wok can possibly combine two sessions into . one. Otherwise we're going to die. 5o it will be..# we'll set you at 600 p.M# Mr. Fernandev J. L., one second, I need to do one for DOSP, r_ Mr. Rodriguez: Six P.M. on the 26th. Mayor Sua'rev Six p.m., the housebarges. Commissioner Alonso: Oh, the housebarges. Commissioner Dawkins! All right, what about 18? Mr. Rodriguez: On July 25th. r .r. Unidentified Speaker: That's us. Mr. Rodriguez: That's for 18 and 19. Mayor Suarez: Eighteen and nineteen. That takes care of the last items on the agenda. ti .Mr. Fernandez: There's one, Mr. Mayor. F' [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER REGULAR NON -AGENDA ITEMS.] w =-------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 95. PERSONAL APPEARANCE: JIHAD S. RASHID (COCONUT GROVE STREET MERCHANTS' F ASSOCIATION)COMPLAINING OF AN ALLEGED VIOLATION - INSTRUCT MANAGER TO i� LOOK INTO COMPLAINT. - ------ - - - - - - - - - - - - - ------------------------- --- - - ----- -`- - - :' Mr. Jihad Rashid: Just one, quickly. I think we have a... I'm Jihad Rashid president _of Coconut Grovels Street Merchants Association. There was 'a letter;.. by Mr. Prieto-Portar of the Public Works' Department today authorizing illegal spot`and contravention of the City Commission legislation of two and, half.,. .years :.ago. j r` Mayor Suarez: We're not going to take that, up tonight. If there's any kind -r;r of' a.violation, they can 'take that up administratively. We take;: note..of your comments, and... fi} 't fi '. Mr. Rashid: OK, I have a letter <there.,,. Mayor Suarez: I saw that. xr Mr. Rashid: .:.but we ,feel that it has been successful upto this ppltlt, that we want it to proceed under the existing laws. Mayor Suarez., Very good. You don't need to come to the Commission to po nt 1s rr 72 out violations. You can give them directly to the administration. r_ Mr. Rashid; The City Manager should know about it.� Mayor Suarez: Yes, absolutely. :> t Mr, Rodriguez; You are instructing the Manager to look into tbo complairit:` 30 dune,Q#. d �c -a „ x r-tt ate. y,r r44' i t . - i�'ii>WiOfi�ir�Y'.4WY'OM��I���YYNilri®YiEili�it Wfl�/itlii�idlfYf 'iltiiYYY1.�IfiF�Yli�Yiii[fii Yl �l ii�iii�if�ii.G��L9ia]ilitW $i��lliii WciOGIrIWiifiYfiiil - 96. AUTHORIZE CITY ATTORNEY TO ENGAGE HOLLAND & KNIGHT TO PROVIDE BOND COUNSEL OPINION REGARDING ISSUANCE OF OFF-STREET PARKING REVENUE BONDS TO FINANCE PURCHASE OF GOLOSTON PROPERTY AT 60 N.W. 3 STREET ALLOCATE $70500 (Department of Off -Street Parking). ---------.r.rwa--------iw---w-.r..----.uyrrr--------r--r-..-y:.—cw------r—Y..--- Mr. Jorge Fernandez: Mr. Mayor, I... Mayor Suarez: All right, Mr. City Attorney, you had an item that you absolutely had to - Mr. Fernandez: As also as counsel, general counsel, for the Department of Off -Street Parking, 1 need you to pass this resolution. THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. _ Off. -Street Parking, whenever they need to float bonds... Commissioner Dawkins: So move. Mr.:Fernandez: ...have to come through you to do that. And this is what this is. Mayor Suarez: So moved. Vice Mayor Plummer: What are they buying? Mr.. Fernandez: They're buying property that is adjacent to one of their existing parking structure, and they need that for purposes of renovation and enlargement. Vice Mayor Plummer: Seventy-five hundred dollars? Mr. Fernandez: No, no, that's just the cost of legal opinion that we need from bond counsel because we're talking about issuing close to a million and- a -half in... e Mayor Suarez: Doesn't it make more sense for them to first come here and get our sort of blessing. of buying property, and then try to get bond counsel's opinion? 1-F s Mr. Fernandez: This is all within their five-year plan, and this is just a technicality that you've imposed on them in the last Charter Amendment that Y» they have to come.to us.for this. Mayor Suarez: I don't see any reason why this has to be voted on today, but... 5+ Mr. Fernandez: It needs to be voted on, sir, please. Vice Mayor Plummer: So wait a minute, wait a minute, who's going to pay the ,# $7,500? a Mr. Fernandez: No DOSP, DOSP is.going:to pay it themselves. This:is note coming, And:you have to approve of this. Mayor Suarez: I have no idea ,why 'this has to be handled, but since we've got_ it out in the open, I don't see any reason for not voting on it either, I suppose. Mr. Fernandez: Please. .y Commissioner.Alonso Yes, OK, we had a motion? Mr. Fernandez: Yes, I just, the motion, and... j read you s � 1 Vice Mayor Plummer: Let me ask a dumb question. Mayor Suarez: Another one? 309 Jufle 20..99 w - AT ,' a 5 aP { J o it in�hdue7 what do you mean, another` cent you d - b Vie Mayor`lummert Why on Attorney's office does not handle bond f_ Because your city Mir. Ferr�ande�: ' matters. You have to be bondable, you re••• us before that they would have Cort�nissioner Alonso% It has been approved Y 4- to gO066 ion. Where's Dawkins? Who are Vice Mayor Plummer: So let me ask this quest _ you choosing to do it? the firm of t has done the bulk of all the bond work rnandez: As I read in the a esolutian, we're choosing Mr. Fe who is the firm th uh1land & Knight, ,rtment of Dff�-Street Parking. • Dawkins: No way No way )lummer: Let me ask this question. you all r Dawkins: to get me some small No way! I keep telling Y and you all ;L ies and some small black companies in the bond thing, n ng me the same big companies.. ummer: Let me ask this question. Don't we have a bond counsel J pl ,.? We have four firms that we use on a rotational; dez: No, we do not. And using that rotation asr iat was the decision of this Commission. ;ing what's in accomplish what we need the best interest of OOSP to t :ast amount of money.•• ,ez: Is Holland at Knight in the rotation? ndez: Yes, they areo rers is Holland & Knight in the rotation? OK. u Lndez: Yes, they are. irez: All right. andez: And I would really need this, Mr. Mayor, please. If I can get romeoe or Plummer: Move it. tarez: Moved. iandez: ...from Commissioner Dawkins. "rye loner Atonsos Second. mnissloner Alonso. uarez: Seconded, Co Call thero11• 4 'he following resolution Wasintroduced.by,Conmissioner Plummer, who its adoption: RESOLUTION NO. 91}483 x� SOLUTION AUTHORIZING THE CITY ATTORNEY 7O.ENGAGE� A RE NCE OF THE LAW FIRM OF HOLLAND & KNIGHT TO PROVIDE A FORMAL w WRITTEN BOND COUNSEL OPINION REGARDINGQTO EISSU FINANCE THE Y OFF PARKING REVENUE BON PURCHASE OF THE GOLOSTON'PROPERTYORIQA�' ITH THE. COST OF NORTHWEST 3RD STREET, MIAMI� FL SAID LEGAL SER110ES NOT TO EXCEEQ -THE SUM OF $7,SOO;� BEING ALLOCATED FROM DEPARTMENT 9F OFF..S. TREET PARKING. x f. Here follows body of resolution, omitted here end on {# file in the Office of the City Clerk.) qqp r � 310 a il i�