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CC 1990-11-08 Minutes
C ITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON NOVEMBER 8, 1990 REGULAR AND PLANNING & ZONING PREPARED aY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clexk ITEM NO a. SUBJECT 1. CONSENT AGENDA INDEX MINUTES OE REGULAR MEETING NOVEMBER 8 1990 ..�Wi— .rbwttr��ii�LSa ' — _ _ - _'_`Y6YLbWNH.YY� _. .� LEGISLATION PAGE NO. APPROVAL Or THE REGULAR DISCUSSION 1 -2 COMMISSION MINUTES OF SEPTEMBER 11/8/90 7, 1990 DISCUSSION 2 -3 11/8/90 1.1 AUTHORIZE CITY ATTORNEY TO ASSIST R 90 -848.1 3 -4 IN OBTAINING A FIVE -DAY LIQUOR 11/8/90 PERMIT FOR EXPO STARS, INC. - FOR DISPLAY BY MANUFACTURERS AND DISTRIBUTORS OF PRODUCTS LICENSED UNDER STATE BEVERAGE LAW - AUTHORIZE CONSUMPTION OF BEVERAGES AT COCONUT GROVE CONVENTION CENTER. 1.2 INCREASE ALLOCATION ($250,000) R 90 -849 4 FOR CONTINUED FINANCING OF 11/8/90 COMPLEX /PROTRACTED CRIMINAL INVESTIGATIONS (Law Enforcement Trust Fund) - AMEND RESOLUTION 87 -654. 1.3 ACCEPT BID: PUBLIC SAFETY R 90 -850 DEVICES, INC. - FOR FURNISHING 11/8/90 PROTECTIVE. GEAR TO DEPARTMENT OF POLICE.=- ALLOCATE FUNDS (CIP NO. 312018). . 1.4 EXECUTE PROFESSIONAL SERVICES R 90 -851 4 AGREEMENT: A. FOSTER HIGGINS AND 11/8/90 CO., INC. - FOR ACTUARIAL ASSISTANCE IN PENSION MATTERS. 1.5 EXECUTE PROFESSIONAL SERVICES R 90 -852 5 AGREEMENT: COOPERS AND LYBRAND - 11/8/90 FOR ACTUARIAL SERVICES TO CITY'S SELF - INSURANCE AND INSURANCE TRUST FUND FOR FY 1990 -91 ALLOCATE FUNDS (DEPARTMENT OF PERSONNEL MANAGEMENT, RISC MANAGEMENT DIVISION.) 1.6 APPROVE USE OF CITY -OWNED R 90 -853 ALLAPATTAH RESIDENTIAL MINI PARK 11/8/90 SITE BY ALLAPATTAH- WYNWOOD DEVELOPMENT CORPORATION - FOR DEVELOPMENT OF A CHILD CARE FACILITY - AUTHORIZE EXECUTION OF REVOCABLE PERMIT. 1,7 ESTABLISH SPECIAL CHARGES, TERMS R 90 -854 5 AND CONDITIONS FOR USE OF MIAMI 11/8/90 BASEBALL STADIUM BY ROCKVILLE PRODUCTIONS, INC. FOR MUSICAL CONCERT - AUTHORIZE EXECUTION OF USE AGREEMENT. 1.8 GRANT REQUEST BY MIAMI RUNNERS R 90-855 6 CLUB FOR USE OF DESIGNATED 11/8/90 STREETS IN COCONUT GROVE DURING ORANGE BOWL 10K RACE. 1.9 GRANT REQUEST BY MIAMI RUNNERS R 90 -856 6 CLUB FOR USE OF DESIGNATED 11/8/90 STREETS IN COCONUT GROVE DURING ECKERD / MAGNAVISION BABY BOOMER 10K AND 5K ROAD RACE. 1.10 GRANT REQUEST FOR CLOSURE OF R 90 -857 6 DESIGNATED STREETS CONCERNING 11/8/90 VIII KING MANGO STRUT PARADE. 1.11 GRANT REQUEST FOR CLOSURE OF R 90 -858 7 DESIGNATED STREETS CONCERNING THE 11/8/90 SUNSTREET FESTIVAL AND PARADE - AUTHORIZE ESTABLISHMENT OF PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS - AUTHORIZE SALE OF BEER AND WINE.(Later reconsidered and repassed - see label 28). 1.12 ACCEPT PLAT: REPLAT OF NATOMA R 90 -859 7 GROVE. 11/8/90 2. ACCEPT RENEWABLE BID: GENERAL R 90 -860 7 -8 CONCRETE - FOR FURNISHING READY 11/8/90 MIX CONCRETE TO DEPARTMENT OF PUBLIC WORKS - ALLOCATE FUNDS (CIP NO. 341178). 3. ACCEPT BID: JORGE LARRAURI, G.C. R 90 -861 8 -10 (BASE BID) - FOR SIGNAGE AND 11/8/90 LANDSCAPING FOR DINNER KEY ENTRANCE - ALLOCATE MONIES (CIP 415002) - EXECUTE CONTRACT. 4. AUTHORIZE GRANT ($35,000) TO R 90 -862 10 -11 LITTLE HAVANA DEVELOPMENT 11/8/90 AUTHORITY, INC. - FOR MAINTENANCE AND OPERATION OF CITY -OWNED MAXIMO GOMEZ PARK - EXECUTION OF GRANT AGREEMENT. 5. (A) GRANT REQUEST BY COCONUT R 90 -863 11 -14 GROVE ASSOCIATION, INC. FOR DISCUSSION CLOSURE OF DESIGNATED STREETS 11/8/90 CONCERNING 1991 COCONUT GROVE ARTS. FESTIVAL - ESTABLISH TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS - AUTHORIZE SALE OF BEER AND WINE. (B) INSTRUCT ADMINISTRATION TO REDUCE THE STREET CLOSURE FEES. M 90 -864 11/8/90 14-15 6. DISCUSS AND CONTINUE (TO COMMISSIONER MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE AMENDING THE CODE BY REDEFINING TERMS: AFFIRMATIVE ACTION PLAN, MINORITY AND WOMEN -OWNED SMALL BUSINESS ENTERPRISE, SET -ASIDE AND VENDOR - ADDING TERM: SET -ASIDE WAIVER - PROVIDING FOR SET -ASIDE PROVISION TO ALL CITY BIDS AND CONTRACTS (DISPARITY STUDY COMMENTS). 7. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 15 -17 TWO NEW SPECIAL REVENUE FUNDS: 10807 (1) REFUGEE CASH ASSISTANCE (FY 11/8/90 '90 -91); (2) DHRS - REFUGEE AND CUBAN AND HAITIAN ENTRANTS (FY '90 -91) - APPROPRIATE FUNDS FROM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GRANT AWARDS - ACCEPT GRANTS - EXECUTE AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 8. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 18 -19 NEW SPECIAL REVENUE FUND: WAGNER- 10808 PEYSER 7(b) DISCRETIONARY FUNDS 11/8/90 (FY '90 -91) - APPROPRIATE FUNDS FROM STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY - ACCEPT GRANT - EXECUTE IMPLEMENTING AGREEMENT WITH STATE OF FLORIDA (JOBS FOR OFFENDERS AND EX- OFFENDERS). 9. DISCUSS AND TEMPORARILY TABLE DISCUSSION 19 -20 PROPOSED EMERGENCY ORDINANCE 11/8/90 MAKING APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND. OTHER INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY (See label 44). 10. EMERGENCY ORDINANCE: AMEND CODE: ORDINANCE 20 -22 (1) SECTION 30 -53 ENTITLED "GREEN 10809 FEES "; (2) SECTION 30 -54 ENTITLED 11/8/90 "CART FEES" - REVISE FEE SCHEDULES FOR CITY GOLF COURSES. 11. EMERGENCY ORDINANCE: CREATE NEW ORDINANCE 23 -24 SPECIAL REVENUE FUND: "RECREATION 10810 PROGRAMS FOR THE MENTALLY 11/8/90 RETARDED - FY '91) - APPROPRIATE FUNDS: (a) $264,281 GRANT FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS); (b) $45,000 FROM FY '91 GENERAL FUND, RECREATION DIVISION OPERATING BUDGET; AND (c) $75,000 IN CARRY -OVER FUND BALANCE FROM FY '90 REVENUE FUND OF SAME NAME - ACCEPT GRANT - AUTHORIZE EXECUTION OF AGREEMENTS. 12. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "EMERGENCY SHELTER GRANT (FY '90)" - APPROPRIATE FUNDS ($292,000) FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) (CITY'S 1990 EMERGENCY SHELTER GRANT APPLICATION). 13. ALLOCATE FY '90 EMERGENCY SHELTER GRANT FUNDS ($183,600) TO METROPOLITAN DADE COUNTY - FOR OPERATION OF BECKHAM HALL SHELTER FOR THE HOMELESS - EXECUTE AGREEMENT. 14. FIRST READING ORDINANCE: CREATE CHAPTER 12.1 OF CODE ENTITLED: CONVENIENCE STORE SECURITY - REQUIRING CERTAIN RETAIL GROCERY STORES TO BE EQUIPPED WITH SECURITY DEVICES; CERTAIN LEVELS OF LIGHTING FOR PARKING LOTS; REQUIRING SIGNS TO BE POSTED; PROHIBITING WINDOW TINTING; REQUIRING EMPLOYEE TRAINING; PROVIDING FOR CIVIL FINES AND NONCOMPLIANCE FEES. 15. FIRST READING ORDINANCE: AMEND ORDINANCE 10782 - INCREASE APPROPRIATIONS FROM ADDITIONAL RENTAL REVENUE BONDS ($12,000,000) FOR: FEDERAL LAW ENFORCEMENT BUILDING (PROJECT NO. 311014). 16. FIRST READING ORDINANCE: AMEND ORDINANCE 10782 - INCREASE APPROPRIATIONS ($50,000) FOR PROJECT ENTITLED "FIRE RESCUE SPECIAL SUPPORT EQUIPMENT FY '90" (PROJECT NO. 313237) APPROPRIATE FUNDS FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GRANT. 17. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "EMS FIRST AID RESOURCE TRAINING (FY '90)" - APPROPRIATE FUNDS FROM A GRANT - IN -AID FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES ($25,040). FIRST READING ORDINANCE: REPEAL CHAPTER 19 OF THE -CODE (FIRE PROTECTION) - CREATE NEW CHAPTER 19 (FIRE PROTECTION). - TO BE ADMINISTERED BY FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT - ADOPT PROVISIONS OF SOUTH FLORIDA FIRE PREVENTION CODE AND ALL ITS TECHNICAL REFERENCES WHICH PROVIDE DEFINITIONS AND STANDARDS OF FIRE PREVENTION AND SAFETY. ORDINANCE 10811 11/8/90 R 90 -865 11/8/90 ORDINANCE FIRST READING 11/8/90 ORDINANCE FIRST READING 11/8/90 24-25 25 -26 ORDINANCE, 26 -29 FIRST READING 11/8/90 29 -30 31 ORDINANCE 31 -32 FIRST READING 11/8/90 ORDINANCE, 32 -35 FIRST READING 11/8/90 19. ESTABLISH AND IDENTIFY R 90-866 33 -36 GEOGRAPHICAL AREA WITHIN THE CITY 11/8/90 AS A MONUMENT TO THE HISTORY, LANGUAGE AND CULTURE OF CUBAN PEOPLE, IN HONOR AND RECOGNITION OF THE ENRICHMENT THAT THEY HAVE GIVEN TO THE CITY OF MIAMI - TO BE CALLED "PEQUENA HABANA" (LITTLE HAVANA) - ERECT SIGNAGE AT BOUNDARIES AND ENTRANCES. 20. ALLOCATE $150,000 FOR R 90 -867 37-39 PROFESSIONAL LEGISLATIVE 11/8/90 CONSULTATION SERVICES (LOBBYIST) DURING FY '90-91 TO BE PERFORMED BY HOLLAND & KNIGHT, P.A., UNDER TERMS OF EXISTING CONTRACT; ALLOCATE AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES. 21. DISCUSS AND TEMPORARILY TABLE DISCUSSION 39 -40 PROPOSED RESOLUTION AUTHORIZING 11/8/90 CITY MANAGER TO EXECUTE AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION OF (a) PARCEL NO. 11- 01 AND 11 -14 -02 WITHIN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA; AND (b) PARCEL NO. 05 -61 -03 WITHIN MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA - FOR DEVELOPMENT OF AFFORDABLE HOUSING (See label 49 ) . 22. EXECUTE AGREEMENT WITH KEITH AND R 90 -868 40 -41 SCHNARS, PA - TO PROVIDE 11/8/90 TRANSPORTATION PLANNING AND ENVIRONMENTAL ENGINEERING SERVICES CONCERNING APPLICATION FOR DEVELOPMENT APPROVAL FOR SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF .REGIONAL IMPACT - ALLOCATE FUNDS FROM SOUTHEAST OVERTOWN / PARK WEST BOND. FUND (PROJECT NO. 113010) OF DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. 23. ISSUE REVOCABLE PERMIT. TO R 90 -869 41 -43 NATIONAL ASSOCIATION FOR CRIME 11/8/90 PREVENTION FOR USE OF SPACE -IN MANUEL ARTIME CENTER.. 24. AUTHORIZE EXECUTION OF AGREEMENT R 90 -870 43 -44 OF PURCHASE AND SALE FOR PROPERTY 11/8/90 LOCATED AT 815 -817 N.W. 2 AVENUE (Purchaser: City of Miami; Seller: Adriana Fanuele) - APPROPRIATE FUNDS FROM SOUTHEAST OVERTOWN / PARK WEST PHASE II (CIP NO. 322057) - FOR DEVELOPMENT OF SOUTHEAST. OVERTOWN / PARK WEST . REDEVELOPMENT PROJECT. SUPPLEMENT RESOLUTION 90 -196 AUTHORIZING ISSUANCE OF COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, IN AGGREGATE PRINCIPAL AMOUNT OF $11,500,000 TO FINANCE: (a) REDEVELOPMENT OF PROPERTIES IN SQUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT AREA; AND (b) REPAYMENT OF LOAN TO CITY BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. ACCEPT BID: JULES BROTHERS UNIFORMS - FOR FURNISHING WORK UNIFORMS TO VARIOUS CITY DEPARTMENTS, WITH PROVISOS THAT UNIFORMS ARE DESIGNED TO FIT MALES AS WELL AS FEMALES APPROPRIATELY- FOR GSA DEPARTMENT. REJECT ALL BIDS FOR REPLACEMENT OF AIR CONDITIONING SYSTEM AT FIRE STATION NO. 7. (A) (Continued Discussion) RECONSIDER PREVIOUSLY PASSED RESOLUTION RELATING TO SUNSTREET FESTIVAL AND PARADE (See label 1.11). (B) INSTRUCT CITY MANAGER TO ATTEMPT TO USE AUXILIARY POLICE OFFICERS AND SELF - PROVIDED SECURITY RATHER THAN SWORN POLICE OFFICERS CONCERNING THE SUNSTREET FESTIVAL AND PARADE. (C) WAIVE RENTAL FEE FOR PORTABLE STAGE, BARRICADES, EQUIPMENT AND SUPPLIES IN CONNECTION WITH SUNSTREET FESTIVAL AND PARADE. (D) GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE SUNSTREET FESTIVAL AND PARADE - AUTHORIZE ESTABLISHMENT OF PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS - AUTHORIZE SALE OF BEER AND WINE (See label 11). 29. BRIEF COMMENTS AND PRESENTATION OF JAPANESE FLAG AND PLAQUE BY REPRESENTATIVES FROM SISTER CITY KAGOSHIMA. 30. ACCEPT BID: CHEM - TRAINER INDUSTRIES - FOR FURNISHING 600 HEAVY DUTY PLASTIC BARRELS TO DEPARTMENT OF SOLID WASTE - ALLOCATE FUNDS. 31. REJECT ALL BIDS RECEIVED IN CONNECTION WITH PROPOSED FURNISHING OF AIR CONDITIONING MAINTENANCE SERVICES FOR THE DON HICKMAN ADMINISTRATION BUILDING - DIRECT CITY MANAGER TO READVERTISE CONCISELY FOR BIDS. R 90 -871 11/8/90 R 90 -872 11/8/90 R 90 -873 11/8/90 M 90 -874 M 90 -875 R 90 -876 R 90 -877 11/8/90 R 90 -878 11/8/90 R 90 -879 11/8/90 45-48 49 -52 52 -55 55 -60 DISCUSSION 60 -61 11/8/90 61 -62 62 -71 71 -13 32, AUTHORIZE REPLACEMENT OF LOST R 90-880 GENERAL OBLIGATION BONDS (Sidney 11/8/90 Edelstein & Evelyn Ager - $25 33. DISCUSS AND TEMPORARILY TABLE DISCUSSION 71-95 PROPOSED RESOLUTION APPROVING 11/8/90 DEPARTMENT OF OFF- STREET PARKING'S ANNUAL BUDGET FOR FY ENDING SEPTEMBER 30, 1991 (See label 40). 34. APPROVE T OF OFF-STREET BUDGET PARKING 1 90-881 95 -99 DEPARTMEN 1/8/90 FOR FY ENDING SEPTEMBER 30, 1991 TO PROVIDE FOR OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. 35, ELECT COMMISSIONER J.L. PLUMMER, R 90 -882 100 JR. AS VICE MAYOR FOR ONE YEAR 11/8/90 COMMENCING 12:00 NOON DECEMBER 1, 1990. 36. GRANT REQUEST FROM THE CITY OF R 90 -883 100 -102 MIAMI AFRICAN AMERICAN CHRISTMAS 11/8/90 COMMEMORATIVE GOSPEL COALITION (SINGERS) FOR FINANCIAL ASSISTANCE IN CONNECTION WITH THEIR UPCOMING TRIP TO SISTER CITY OF VERONA, ITALY - ALLOCATE $20,000, WITH STIPULATION THAT ANY BALANCE REMAINING BE REPAID TO THE CITY. 37, AUTHORIZE EE F 11/8/904 102 -105 OF FUNDING EXPENSES OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK FOUNTAIN - ALLOCATE $50,000, IF AVAILABLE. 38. AUTHORIZE CITY MANAGER THAT, IF $50,000 M 90 -885 106 IS AVAILABLE FOR THE MILDRED AND CLAUDE 11/8/90 PEPPER BAYFRONT PARK FOUNTAIN, THEN AN IDENTICAL AMOUNT BE MADE AVAILABLE FOR FUNDING OF INNER -CITY. PARKS. 39, (A) BRIEF DISCUSSION R CONCERNING NATIONAL DIS 107 -108 CITY'S EFFORTS T HOCKEY LEAGUE FRANCHISE TO MIAMI. (B) CERTIFICATE OF APPRECIATION PRESENTED TO MR. GODFREY WOOD FOR HIS EFFORTS TOWARD BRINGING A NATIONAL HOCKEY LEAGUE FRANCHISE TO MIAMI. (C) PROTEST REGISTERED BY MR. STEVE ALICINO, PRESIDENT OF A. FORMER CORPORATION NAMED HOCKEY, INC. 40, (Continued Discussion) APPROVE TWO- R 90 -886 108 -112 SIXTHS OF THE ANNUAL BUDGET OF 11/8/90 DEPARTMENT OF OFF- STREET PARKING FOR FY ENDING SEPTEMBER 30, 1991 (See label 33). 41. APPROVE DEPARTMENT OF OFF- STREET R 90 -087 112 -114 PARKING FIVE YEAR STRATEGIC AND 11/8/90 FINANCIAL OPERATIONS PLAN. 44. (Continued Discussion) AGREE, IN PRINCIPLE, TO MAKE APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR AN AMOUNT NOT TO EXCEED TWO- SIXTHS OF THE BUDGET FOR FY ENDING SEPTEMBER 30, 1991 (DECEMBER 1, 1990 - JANUARY 31, 1991) COMMISSIONER PLUMMER STATES CONCERN REGARDING DETERIORATION OF DOWNTOWN AND INSTRUCTS ADMINISTRATION TO PREPARE REPORT FOR COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH - ELECT COMMISSION PLUMMER TO CHAIR NEXT MEETING OF DDA (See label 45. ACCEPT BID: M. VILA AND ASSOCIATES, INC. (BASE BID) - FOR LOCAL DRAINAGE PROJECT E -65 (CIP NO. 342275) - EXECUTE CONTRACT. 46. 9 )• AUTHORIZE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO REFLECT PROPOSED ALLOCATION OF $225,000 roR A COMMUNITY DEVELOPMENT FLOAT LOAN (1990 -91 PROGRAM YEAR) - DIRECT CITY MANAGER TO BRING BEFORE THE COMMISSIONER ALL AGREEMENTS FOR PROPOSED LOAN TO MIAMI MENTAL HEALTH CENTER. CONDITIONALLY AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH MIAMI MENTAL HEALTH CENTER TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN ($225,000) - FOR HUD PROJECT FOR HOMELESS AND DISABLED PERSONS. (A) EMERGENCY ORDINANCE: DECREASE APPROPRIATIONS FROM 15TH YEAR CDBG PROGRAM FUNDS TO CAPITAL PROJECT ENTITLED "MODEL CITY LAND" (Project No. 321039) - REALLOCATE FUNDS TO OTHER CDBG PROGRAM ACTIVITIES. (B) REALLOCATE FUNDS (15TH YEAR CDBG) TO ST. JOHNS COMMUNITY DEVELOPMENT CORPORATION CONCERNING CONSTRUCTION OF AFFORDABLE RENTAL HOUSING IN OVERTOWN. (Continued Discussion) EXECUTE AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION OF (a) PARCEL NO. 11 - 01 AND 11 -14 -02 WITHIN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA AND (b) PARCEL NO. 05 -61 -03 WITHIN MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA - FOR DEVELOPMENT OF AFFORDABLE HOUSING (See label 21), 42. AUTHORIZE CITY MANAGER TO READVERTISE M 90-888 114115 (RP?) BID FOR OFFICE SUPPLIES CITYWIDE. 11/8/90 43. DISCUSS AND DEFER PROPOSED METROMOVER DISCUSSION 116 EXTENSION. 11/8/90 M 90 -889 11/8/90 R 90 -890 11/8/90 R 90 -891 11/8/90 R 90 -892 11/8/90 ORDINANCE 10812 R 90 -893 11/8/90 R 90 -894 11/8/90 117 -123 123 -124 125 -126 126 -127 127 -130 SO, DISCUSSION CONCERNING TREES WHICH HAD DISCUSSION 135.140 BEEN REMOVED ILLEGALLY FROM THE DEGARMO 11/8/90 ESTATE. 51. YOUTH GANG TASK FORCE: INCREASE EACH M 90 -895 140.143 COMMISSIONER'S APPOINTMENTS TO THREE - 11/8/90 APPOINT INDIVIDUALS TO THE TASK FORCE (Appointed mere: Livin Garcia, Isabel Basayo and Raul Martinez (ASPIRA, ex- officio]) 52. INSTRUCT CITY ATTORNEY NOT TO APPEAL M 90 -896 143 -145 COURT RULING CONCERNING BALLOT QUESTION 11/8/90 REGARDING A COMMISSIONER SERVING AS MEMBER OF OFF- STREET PARKING BOARD (CHARTER AMENDMENT NO. 1, PREVIOUSLY SCHEDULED TO BE ON NOVEMBER 6, 1990 BALLOT). 53. BRIEF COMMENTS CONCERNING PROPOSED DISCUSSION 145 -146 ORDINANCE REQUIRING CITY RESIDENCY OF 11/8/90 CITY EMPLOYEES - SCHEDULE FOR COMMISSION MEETING OF DECEMBER 6TH. 54. GRANT REQUEST BY PUERTO RICAN CULTURAL R 90 -897 146 -149 FOUNDATION, INC. TO USE PART OF 11/8/90 BISCAYNE BOULEVARD FOR FIRST PUERTO RICAN CULTURAL PARADE - ESTABLISH AREA RESTRICTED TO RETAIL PEDDLERS. 55. GRANT REQUEST BY REPRESENTATIVES OF R 90 -898 GREEN RIBBON CHILDREN FOR FEE WAIVER 11/8/90 FOR MANUEL ARTIME COMMUNITY CENTER FOR THEIR TELETHON. 150 -151 56. (A) ISSUE REVOCABLE PERMIT TO NATIONAL R 90 -899 151 -154 MARINE MANUFACTURERS' ASSOCIATION, INC. M 90 -900 (NMMA) FOR USE OF PORTION OF WATSON 11/8/90 ISLAND AS A PARK -AND -RIDE LOCATION DURING THE GREATER MIAMI INTERNATIONAL BOAT SHOW, WITH PROVISOS. (B) GRANT REQUEST BY NMMA TO INSTALL TEMPORARY PILINGS AT MARRIOTT MARINA DURING THE GREATER MIAMI INTERNATIONAL BOAT SHOW. 57. DIRECT ADMINISTRATION TO COLLECT M 90 -901 PARKING FEES AT THE SECOND PERUVIAN 11/8/90 FESTIVAL OF MUSIC (MARINE STADIUM), DEDUCT EXPENSES, AND SEND BALANCE TO PERU FOR CHARITY. 155 -157 61. DISCUSSION CONCERNING SAFETY OF POLICE DISCUSSION 174 (KAWASAKI) MOTORCYCLES. 11/8/90 158 -162 58. SUPPORT COCONUT GROVE LOCAL DEVELOPMENT R 90 -902 CORPORATION'S APPLICATION FOR A 11/8/90 COMMUNITY CONTRIBUTION TAX CREDIT PROJECT FOR COMMUNITY REVITALIZATION. 59. REFER TO ADMINISTRATION REQUEST FROM DISCUSSION 162 -165 REYNOLDS ALUMINUM COMPANY FOR RECYCLING 11/8/90 LOCATIONS THROUGHOUT THE CITY. 60. APPROVE NOMINEES FOR PLAQUES TO BE R 90 -903 166 -174 INSTALLED ON THE LATIN STARS WALK 11/8/90 (SIDEWALK) ESTABLISH LIMITS OF LATIN STARS WALK AND NUMBER OF PLAQUES, 62, BRIE' DISCUSSION CONCERNING REMOVAL OF DISCUSSION 175 TOXIC WASTE IN THE SOUTHEAST OVERTOWN / 11/8/90 PARK WEST REDEVELOPMENT AREA - RESCHEDULE FOR DECEMBER MEETING. 63. (A) CREATE, IN PRINCIPLE, $1,000,000 M 90-904 176 -193 LITTLE HAVANA BUSINESS DEVELOPMENT LOAN M 90 -905 PROGRAM TO BE IMPLEMENTED BY MIAMI 11/8/90 CAPITAL DEVELOPMENT, INC. - TO STIMULATE DEVELOPMENT IN LITTLE HAVANA - INSTRUCT CITY MANAGER TO BRING BACK PROPOSAL TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH. (B) SET 30 DAYS TO ACCEPT LAND ACQUISITION PROPOSALS FOR THE LATIN QUARTER SPECIALTY CENTER, FAILING WHICH, ACCEPT, IN PRINCIPLE, CONCEPT OF IDENTIFYING SIMILAR LAND SITES TO BUILD SCATTERED SITE MIXED -USE PROJECT (COMMERCIAL USE ON GROUND FLOOR AND APARTMENT / CONDOMINIUM LIVING ON TOP FLOOR) - WITHIN LITTLE HAVANA AREA - SCHEDULE PUBLIC HEARING. 64. AUTHORIZE SALE OF 26 SURPLUS POLICE R 90 -906 PATROL MOTORCYCLES TO SISTER CITIES OF 11/8/90 SAN JOSE (REPUBLIC OF COSTA RICA) AND SANTO DOMINGO (DOMINICAN REPUBLIC). 65. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 195 ATLAS - CHANGE DESIGNATION AT AREA 10813 BOUNDED BY S.W. 2 AVENUE AND THE I -95 11/8/90 RIGHT -OF -WAY, BETWEEN THE MIAMI RIVER AND S.W. 2 STREET FROM SD -4 WATERFRONT INDUSTRIAL AND 0- OFFICE TO SD -15 RIVER QUADRANT MIXED USE DISTRICT (Applicant: Planning, Building & Zoning Dept. 193 - 195 66. SECOND READING ORDINANCE: AMEND ORDINANCE 196 11000 - AMEND OFFICIAL SCHEDULE OF 10814 DISTRICT REGULATIONS AND ARTICLE 4 11/8/90 ZONING DISTRICT C -2 (LIBERAL COMMERCIAL ZONING DISTRICT, PERMITTED PRINCIPAL USES) - ADD ASTROLOGERS, PALMISTS, FORTUNE TELLERS AND PHRENOLOGISTS (Applicant: Planning, Building & Zoning Dept.) 67. (A) FIRST READING ORDINANCE: AMEND ORDINANCE 197 -214 11000 - CHANGE DESIGNATION OF BLOCK FIRST READING BOUNDED BY BISCAYNE BOULEVARD, N.E. 60 11/8/90 STREET AND N.E. 5 COURT, AND 592 N.E. 60 STREET FROM 0- OFFICE TO GI- GOVERNMENTAL AND INSTITUTIONAL (Applicant: Cushman School). (B) BRIEF COMMENTS CONCERNING PLANET OCEAN SCHOLARSHIPS. 68. SUPPORT AND REFER TO CITY MANAGER M 90 -907 215 -221 PROPOSAL TO UPGRADE THE FOOTBALL AND 11/8/90 BASEBALL FIELDS AND SWIMMING POOL AT HADLEY PARK - INSTRUCT CITY MANAGER TO BRING BACK TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH. 69. CONTINUE AGENDA ITEMS PZ -5, PZ -9, PZ -10 M 90 -908 221 -222 AND PZ -11 TO COMMISSION MEETING 11/8/90 PRESENTLY SCHEDULED FOR DECEMBER 6, 1990, 70. APPROVE REQUEST FOR OFFICIAL VACATION R 90 -909 AND CLOSURE OF TRIANGULAR PORTION ON 11/8/90 SOUTH SIDE OF N.E. 69 STREET LOCATED 1032 FEET EAST OF BISCAYNE BOULEVARD AT CURVILINEAR PORTION OF STREET (Applicant: Vendome Equities, Inc.) 71. 72. 73. 75 CONTINUE APPEAL CONCERNING SPECIAL DISCUSSION 223228 EXCEPTION TO ALLOW ADDITION OF TWO- 11/8/90 STORY RESIDENTIAL STRUCTURE AT 3160 S.W. 23 STREET TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH (Applicant: Benito & Diana Fernandez). MODIFY DECISION OF HERITAGE R 90 -910 CONSERVATION BOARD WHICH HAD MODIFIED 11/8/90 DECISION OF THE ZONING ADMINISTRATOR CONCERNING LOSS OF 13 TREES AT DADE COUNTY HUMAN RESOURCES CENTER (Appellant: Nagymihaly Properties). AMEND PREVIOUSLY ISSUED DEVELOPMENT R 90 -911 ORDER FOR MIAMI CENTER I (A DRI) BY 11/8/90 AMENDING DEVELOPMENT ORDER FOR ONE DUPONT PLAZA (301 -399 S. BISCAYNE BOULEVARD) - EXTEND DEADLINES BY THREE MONTHS. 74. APPOINT HOLLAND AND KNIGHT, BOND R 90 -912 COUNSEL, TO RENDER A FORMAL WRITTEN 11/8/90 OPINION REGARDING PROPOSED DEVELOPMENT OF THE STATE PLAZA PROJECT ON DEPARTMENT OF OFF- STREET PARKING'S SURFACE PARKING LOT NO. 10, WITH CONSIDERATIONS. REQUEST CITY MANAGER TO MEET WITH DISCUSSION REPRESENTATIVES OF "CURE AIDS NOW" IN 11/8/90 AN ATTEMPT TO ASSIST IN CONNECTION WITH THE PARKING LOT SITUATION. 222 -223 228 -232 232 -236 236 -237 238 -239 ALSO PRESENT: MINt1T S OP RI;OtJLAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Victor De Yurre Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Walter J. Foeman, Assistant City Clerk On the 8th day of November, 1990, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pah American Drive, Miami, Florida in regular session. The meeting was called to order at 9:12 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then led those present in a pledge of allegiance to the flag. NOTES FOR THE RECORD: (1) Agenda item 3 was withdrawn by a memorandum from City Manager Cesar Odio. (2) It was announced that Commissioner J. L. Plummer, Jr. would be delayed approximately two hours due to an emergency. a. APPROVAL OF THE REGULAR CITY COMMISSION MINUTES OF SEPTEMBER 7, 1990. Mayor Suarez: Mr. Manager, do I have this right? That Commissioner Plummer has indicated that he will be missing about the first two hours of today's meeting, should be here by about eleven. Mr. Odio: Yes, he had an emergency. Mayor Suarez: And if there's any items that affect any one in the audience that require, that you feel require, a full Commission, we usually take the' courtesy of giving that to you in view of the fact that at least, = up until" this year, it's been always considered that you need a majority vote of the._. entire Commission to take any action. So, please let us know, particularly since I think right now, we're working with three of'us. Madam City Clerk do we have to approve minutes? Mr. Foeman: Yes, we do, sir. Mayor Suarez; Sorry. Sorry about that. Mr. City Clerk. Good to have you sir. I'll entertain a motion on the minutes of the last meeting. Vice Mayor Dawkins; Move. Mayor Suarez; Moved, Commissioner Alonso; Second. i Nov • ./ Mayor Suarez: Thank you. Call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER AWNS°, THE MUTES OF THE CITY COMMISSION MEETING OP SEPTEMBER 7, 1000, WERE APPROVED BY THE FOLLOWING VOTE: AYES: NOES: None, ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 1. CONSENT AGENDA Commissioner Miriam Alone° Vice Mayor Miller 3. Dawkins Mayor Xavier L. Suarez Mayor Suarez: See, we don't have a consent agenda today, do we? Vice Mayor Dawkins: Yes, we do. Mayor Suarez: Consent agenda, thank you, Mr. Vice Mayor. Consists of items CA-1 through CA-16. If anyone wants to be heard on any of these items individually, please step forward. Marla, which item is yours? Ms. Marla Bercuson: Regarding number thirteen, which is a request for street closures. Mayor Suarez: OK. All right, we'll pull out item 13 for the moment. As to any of the other items, if anyone... Vice Mayor Dawkins: I want, I'd like to discuss... Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: Just before the vote, I'm going to vote on them, but I needed to have some discussion on 4, 5... that's it, there's four. Mayor Suarez: Four and five? Vice Mayor Dawkins! Yes, please. Mayor Suarez: Thank you. OK... Commissioner Alonso: I also would like to have some discussion on six. Mayor Suarez: OK. • As to items 1 through 16, with the exceptions of 1, 4, 6, and 13, I'll entertain a motion... • Vice Mayor Dawkins: I'm going to vote on them, Mr. Mayor, I'd just like to discuss it before you vote. ■.■ Mayor Suarez:. OK, well, let's go ahead and.vote on the reetAf you'cdozOtmindW' and then we'll go,.. , .. _... _ .. . Commissioner Alonso: Yes, I so move. Mr. Jorge Fernandez: Mr, Mayor. Mayor Suarez: Yes? Mr. Fernandez: Point of clarification. In the consent agenda, items 9 and lo need minor modification to the language. ' Mayor Suarez: OX, what are those, Mr. City Attorney? 2 Mr. Fernandezi Yes, in consent agenda item number 9, the resolution that you have in your packet erroneously reads that further stipulating that, "...should the City revoke the permit of the Allapattah Wynwood Development Corporation, the Corporation shall convey title to any structural improvement built on the parcel, to the City." That's wrong, the new resolution or the new language that should have been there all along is that stipulating that, "...any and all structures constructed on the site shall become the property of the City immediately upon their completion." Mayor Suarez: I thought that's the way we handle those. Mr. Fernandez: Yes. Mayor Suarez: All right. And then, the other one you wanted... Mr. Fernandez: And then item number 16, again, is just very small, but it needs to be done, otherwise the recording of it may be not reflected properly. There has to be a small change in the title to the replat and it should be now called, "revised plat ", rather than... Mayor Suarez: Is that in the Jorge Fernandez subdivision? Mr. Fernandez: No, that is in the Natoma Grove. So, instead of reading, read, "...plat of Natoma Grove ", it should read, "...revised plat of Natoma Grove." Mayor Suarez: All right, sounds reasonable. With those two modifications, items one through sixteen excepting 4, 5, 6, and 13. We have a motion and a second, I believe. Mr. Foeman: No, we don't. Commissioner Alonso: I moved. Yes. Mayor Suarez: Moved by Commissioner Alonso. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded, Vice Mayor. Call the roll. AYES: NOES: None. ON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY VICE MAYOR DAWKINS THE CONSENT AGENDA, WITH ABOVE CITED EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTE: Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 1.1 AUTHORIZE CITY ATTORNEY TO ASSIST IN OBTAINING A FIVE -DAY LIQUOR PERMIT FOR EXPO STARS, INC. - FOR DISPLAY BY MANUFACTURERS AND DISTRIBUTORS OF PRODUCTS LICENSED UNDER STATE BEVERAGE LAW - AUTHORIZE CONSUMPTION OF BEVERAGES AT COCONUT GROVE CONVENTION CENTER. RESOLUTION NO. 90 -848.1 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ASSIST IN OBTAINING A FIVE -DAY LIQUOR PERMIT FOR THE EXPO STARS, INC., FOR THE DISPLAY BY MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE STATE BEVERAGE LAW, AS WELL AS AUTHORIZE CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF THE COCONUT GROVE CONVENTION CENTER, MIAMI, FLORIDA, FROM DECEMBER 5- 9, 1990. November 8, 1.2 INCREASE ALLOCATION ($250,000) FOR CONTINUED FINANCING OF COMPLEX /PROTRACTED CRIMINAL INVESTIGATIONS (Law Enforcement Trust Fund) - AMEND RESOLUTION 87 -654. (Here folloWS body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 90 -849 A RESOLUTION AMENDING RESOLUTION NO. 87 -654, ADOPTED JULY 9, 1987, AS AMENDED, BY PROVIDING FOR AN INCREASE IN AN AMOUNT OF $250,000 FOR THE CONTINUED FINANCING OF COMPLEX AND /OR PROTRACTED CRIMINAL INVESTIGATIONS, WITH FUNDS ALLOCATED FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS AND EXPENSES 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.) 1.3 ACCEPT BID: PUBLIC SAFETY DEVICES, INC. - FOR FURNISHING PROTECTIVE GEAR TO DEPARTMENT OF POLICE - ALLOCATE FUNDS (CIP NO. 312018). RESOLUTION NO. 90 -850 A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY DEVICES, INC. FOR THE FURNISHING OF PROTECTIVE GEAR TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST NOT TO EXCEED $37,565.00; 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.) 1.4 EXECUTE PROFESSIONAL SERVICES •AGREEMENT: A. FOSTER HIGGINS_ AND CO., INC. - FOR ACTUARIAL ASSISTANCE IN PENSION MATTERS. RESOLUTION NO. 90 -851 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE _ FIRM OF A. FOSTER HIGGINS & CO., INC., FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS AT A COST NOT TO EXCEED $25,000 WITH FUNDS THEREFOR ALLOCATED FROM THE FY '90 -91 PENSION ADMINISTRATION TRUST FUND, ACCOUNT NO. 440103 -270, PROJECT NO. 681001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 1,5 EXECUTE PROFESSIONAL SERVICES AGREEMENT: COOPERS AND LYBRAND FOR ACTUARIAL SERVICES TO CIT'E'S SELF- INSURANCE AND INSURANCE TRUST Fun FOR FY 1990.91 - ALLOCATE FUNDS (DEPARTMENT OF PERSONNEL MANAGEMENT, RISX MANAGEMENT DIVISION.) RESOLUTION NO, 90 -852 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CERTIFIED PUBLIC ACCOUNTANT FIRM OF COOPERS AND LYBRAND FOR ACTUARIAL SERVICES TO THE CITY'S SELF- INSURANCE AND INSURANCE TRUST FUND FOR THE 1990 -91 FISCAL YEAR; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $12,500 FROM DEPARTMENT OF PERSONNEL MANAGEMENT, RISK MANAGEMENT DIVISION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 90 -853 1.6 APPROVE USE OF CITY -OWNED ALLAPATTAH RESIDENTIAL MINI -PARK SITE BY ALLAPATTAH /WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC. - FOR DEVELOP- MENT OF A CHILD CARE FACILITY - AUTHORIZE EXECUTION OF REVOCABLE PERMIT. A RESOLUTION, WITH ATTACHMENT, APPROVING THE USE OF SPACE OF THE CITY -OWNED ALLAPATTAH RESIDENTIAL MINI - PARK SITE BY THE ALLAPATTAH/WYNWOOD COMMUNITY DEVEL- OPMENT CENTER, INC. FOR THE DEVELOPMENT OF A CHILD CARE FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR USE OF SPACE IN THE SUBJECT PRO- PERTY FOR THE AFOREMENTIONED PURPOSE; FURTHER STIPU- LATING THAT ANY AND ALL STRUCTURES CONSTRUCTED ON THE SITE SHALL BECOME THE PROPERTY OF THE CITY IMMEDIATELY UPON THEIR COMPLETION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF MIAMI BASEBALL STADIUM BY ROCKVILLE PRODUCTIONS, INC. - FOR MUSICAL CONCERT - AUTHORIZE EXECUTION OF USE AGREEMENT. RESOLUTION NO. 90 -854 A RESOLUTION, WI,7H ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE MIAMI BASEBALL STADIUM BY ROCKVILLE PRODUCTIONS, INC. FOR THE PRESENTATION OF A MUSICAL CONCERT TO BE HELD ON DECEMBER 25, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID USER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 90-855 1.8 GRANT REQUEST BY MIAMI RUNNERS CLUB FOR USE OF DESIGNATED STREETS IN COCONUT GROVE DURING ORANGE BOWL 10K RACE, A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE AREA DURING THE ORANGE BOWL 10K RACE TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB ON DECEMBER 29, 1990 BETWEEN THE HOURS OF 7 :00 A.M. AND 11:00 A.M.; 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; CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND 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.) 1.9 GRANT REQUEST BY MIAMI RUNNERS CLUB FOR USE OF DESIGNATED STREETS IN COCONUT GROVE DURING ECKERD / MAGNAVISION BABY BOOMER 10K AND 5K ROAD RACE. RESOLUTION NO. 90 -856 A RESOLUTION RELATED TO THE USE OF CERTAIN STREETS AND THOROUGHFARES IN THE COCONUT GROVE AREA DURING THE ECKERD /MAGNAVISION "BABY BOOMER" 10K AND 5K ROAD RACE, TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB ON DECEMBER 2, 1990 BETWEEN THE HOURS OF 7:00 A.M. AND 11:00 A.M.; 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; CONDITIONED UPON ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES AND 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.) 1.10 GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING VIII KING MANGO STRUT PARADE. RESOLUTION NO. 90 -857 A RESOLUTION RELATED TO THE VIII KING MANGO STRUT PARADE TO BE CONDUCTED BY KING MANGO STRUT, INC., ON SUNDAY, DECEMBER 30, 1990; AUTHORIZING THE CLOSURE OF,DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF. PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES AND 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.) 6 Nov ber 4 RESOLUTION NO. 90 -859 RESOLUTION NO. 90 -858 1.12 ACCEPT PLAT: REPLAT OF NATOMA GROVE. 1.11 GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE SUNSTREET FESTIVAL AND PARADE - AUTHORIZE ESTABLISHMENT OF PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS - AUTHORIZE SALE OF BEER AND WINE.(Later reconsidered and repassed see label 28). A RESOLUTION WHICH WAS RECONSIDERED BY MOTION 90-874 AND REPASSED AS RESOLUTION 90 -877, (LABEL 28). A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "REVISED PLAT OF NATOMA GROVE!', 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; 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 AND CITY CLERK 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.) 2. ACCEPT RENEWABLE BID: GENERAL CONCRETE - FOR FURNISHING READY MIX CONCRETE TO DEPARTMENT OF PUBLIC WORKS - ALLOCATE FUNDS (CIP NO. 341178). Mayor Suarez: Vice Mayor Dawkins, items four and five. Want to put things on the record before we vote. Vice Mayor Dawkins: Yes, where is... is 4300 S.W. 74th Avenue in the City? Mayor Suarez: Doesn't sound like it, does it? Mr. Odio: Forty -three hundred? Mayor Suarez: Southwest 74th Avenue. Vice Mayor Dawkins: That's not it? Mr. Odio: No, that's not in the City. Mayor Suarez: Ain't no way. Vice Mayor Dawkins: No, I was just concerned in that they were within ten percent of the bid and if they were in the City, I wanted them to get the bid. But they're not in the City. OK. Mayor Suarez: In accordance with our ordinance. Vice Mayor Dawkins; Move it. Mayor Suarez; Moved. Commissioner Alonso: Second. Mayor Suarez; Seconded, Any discussion? If not, please call, the roll, 7 November The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-860 A RESOLUTION ACCEPTING THE BID OF GENERAL CONCRETE FOR FURNISHING READY MIX CONCRETE TO THE DEPARTMENT OF PUBLIC WORKS ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL ESTIMATED FIRST YEAR COST OF $81,000.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 341178, ACCOUNT CODE NO. 310501 -750 ($40,500) AND ACCOUNT CODE NO. 319301- 750 ($40,500); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS MATERIAL AND THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY SUBJECT TO THE AVAILABILITY OF FUNDS AND THE SAME PRICES, TERMS AND CONDITIONS. (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 Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 3. ACCEPT BID: JORGE LARRAURI, G.C. (BASE BID) - FOR SIGNAGE AND LANDSCAPING FOR DINNER KEY ENTRANCE - ALLOCATE MONIES (CIP 415002) - EXECUTE CONTRACT. Mayor Suarez: Item 5, Vice Mayor. Vice Mayor Dawkins: Item 5. Somebody please explain to me, you have $12,900 base bid of the proposal with a total projected cost of $17,225. Tell me, what's the discrepancy to allow for $5,000? Dr. Luis Prieto: I'm sorry, Mr. Vice Mayor. Vice Mayor Dawkins: OK, all right, CA -5, please. OK, now you have a base bid of $12,900, but you have with the total projected cost of $17,225. Now, who's . going to build it for $12,000 if you give them $17,000 to build. it? I don't understand what we're doing. Mr. Prieto: No, we're giving them $12,000 to build it. The rest of the expenses are expenses of the department. Vice Mayor Dawkins: I beg your pardon? Mr. Prieto: The other expenses are expenses incurred by the Department of Public Works. Vice Mayor Dawkins; No, no, well you all go back and rewrite this to say that the total amount of money for the bid is $12,000 and the rest three thou, or whatever, five thousand dollars, is for projected cost of the project. Mr. Prieto: That's right. Vice Mayor Dawkins: Because this looks to me, as I read it, as a layman,: That whoever gets the bid can spend $17,225 and get paid for it. 8 Novel*, 8, 19 Mr. Prieto: No, the bid that was will be given for $12,900, It Commissioner Plummer wanted us to past in order to clarify that, in project so everybody knows that, $17,225, but the difference is departments to put this bid out. handed over was for $12,9004 The contract 's only for your information. In fact, put this in this way to change it from the fact, there are costs associated with this in fact, the City's incurring a cost of really costs of the department and other NOV FOR THE RECORD: Commissioner De Yurre entered the meeting at 9 :19 a.m. Vice Mayor Dawkins: So, you're satisfied Commissioner Plummer and explained it to him and I'm confused. OK? So, you didn't care about my confusion. You just say, well, let's just satisfy Plummer. Mr. Prieto: Well, basically, sir, what the contract is for is $12,900, that's what the contractor will receive and not a penny more. Vice Mayor Dawkins: OK, I'm going to pass this, but if it comes back up here again, I'm not passing nothing. No, no, you have to, for my benefit, spell out what we're doing, OK? Now, I have no problems with you recouping any expenses that we incurred, but I want it spelled out in here that the project it does not... the total bid for building... Mr. Prieto: I understand. Vice Mayor Dawkins: ...is not $17,000, it's what it is. Mr. Prieto: So, what you would like is construction contract, $12,000, then maybe separated City costs, et cetera? Vice Mayor Dawkins: That's right, OK. Mr. Prieto: Yes, sir, we can do that. We can do that, sir. Vice Mayor Dawkins: Move it. Commissioner Alonso: Second. Mayor Suarez: With a second, any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90 -861 A RESOLUTION ACCEPTING THE BID OF JORGE LARRAURI, G.C., IN AN AMOUNT NOT TO EXCEED $12,900.00, BASE BID OF THE PROPOSAL, WITH A TOTAL PROJECT COST OF $17,225.00 FOR SIGNAGE AND LANDSCAPING FOR THE DINNER KEY ENTRANCE; WITH MONIES THEREFOR ALLOCATED FROM THE 1991 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 415002 IN THE AMOUNT OF $17,225.00 TO COVER THE PROJECT'S COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded'by Commissioner Alonso, the resolution and adopted by the following vote: Novamkor was passed NOES: None. Commissioner Victor De 'Yurre Commissioner Miriam Alonso Vice Mayor Miller 3. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner 3. L. Plummer, Jr. 4. AUTHORIZE GRANT ($35,000) TO LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. FOR MAIN'T'ENANCE AND OPERATION OF CITY -OWNED MAXIMO GOMEZ PARK - EXECUTION OF GRANT AGREEMENT. Mayor Suarez: There was an item by Commissioner Alonso, six. Commissioner Alonso: Yes, six. I have no problems and I will move the item, but I have a comment that I must make for the record and is that I don't think that is the right way to put this amount in the consent agenda when it should have been included in the budget of the City of Miami. It is an existing park. We have to provide maintenance for the park. Why this is not included in the Parks & Recreation Department or in the special accounts as it is listed, but the name of the park and the amount, it is my understanding that it should be done as it was done last year and it should have been part of the budget. Mr. Odio: It wasn't. It was my fault because I told, during budget workshops, I wanted to cut out every single outside funding and we should not have omitted this one because this is important to us. Commissioner Alonso: Of course, it is. It is maintenance of a park. Mr. Odio: But, unfortunately, when you cut out everything, sometimes you cut too much and we did cut too much. Commissioner Alonso: OK, I move... Mr. Odio: And 'we realized after the budget was approved that we had to keep operating Domino Park as it was. That's what happened. Commissioner Alonso: OK, I so move. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Second. As to that and all other items adjustments in the appropriations ordinance, I have to for five years, that I don't understand why so many of back for our determination and why we don't build in a of making those modifications. Commissioner Alonso: If they're not listed, that's why they come back.to -us_.: Mayor Suarez: Yes. Mr. Odio: Oh, I rather not, but the Charter tells me I have to, rather not do it. If we could find a way... Mayor Suarez: Well, when you refer to the Charter, you don't the City Attorney because he's not the Charter yet. Mr. Odio: Well, I mean, the law. Vice Mayor Dawkins: But, you see... Mayor Suarez; The oracle. Yes. Vice "Mayor Dawkins: No, I'll leave... 10 where we have to say, after being those items must whole:different system have Nov$ make here` ' come • Mayor Suarez: OK. Call the roll on the item. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90 -862 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING A GRANT IN AN AMOUNT NOT TO EXCEED $35,000 TO THE LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., FOR THE MAINTENANCE AND OPERATION OF THE CITY -OWNED MAXIMO GOMEZ PARK, LOCATED AT 1444 SOUTHWEST EIGHTH STREET, MIAMI, FLORIDA, FOR A ONE -YEAR PERIOD; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT FOR THIS PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. (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 Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: All right, Marla, item number 13. Mayor Suarez: Give us your name and address, please. 5. (A) GRANT REQUEST BY COCONUT GROVE ASSOCIATION,. INC.. FOR CLOSURE OF DESIGNATED STREETS CONCERNING 1991 COCONUT GROVE ARTS FESTIVAL - ESTABLISH TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL :. PEDDLERS - AUTHORIZE SALE OF BEER AND WINE. (B) INSTRUCT ADMINISTRATION TO REDUCE THE STREET CLOSURE FEES. Ms. Marla Bercuson: Item number 13. Thank you. With regard to item number 13... Ms. Bercuson: I'm sorry. Marla Bercuson, 10260 S.W. 141st Street. With regard to the consent agenda, item number 13, the Coconut Grove Arts Festival.` is requesting a waiver of the street closure fee of $2,676. We are not asking for a waiver of the banner, parks, or barricade fees, which, traditionally, . have been waived by the City Commission in the past, and we are definitely no_t % asking for a waiver of the impact fee. We are only asking for the' street closure fee based on the fact that at your October meeting you have waived this fee for other events. Mayor Suarez: Based on the fact that in October meeting M what was that? Ms. Bercuson: At the October 18th meeting, you have waived the street closure fee for other events. Vice Mayor Dawkins: No, I'm the one who moved that we waive the fees, but that's no criteria that I should waive it for you. Because the organinatlon .. with which I waived the fee were nonprofit and they didn't maWno money o. don't, you know, try to - I mean, don't make it look as if you are entitled t it because somebody else got it, Me. Bercusont Olt, well as an independent request. Vice Mayor Dawkihst If you get it, you will get it on the basis that we want to help you... Ms. Bercusont Thank you then, as... Vice Mayor Dawkinst ...and the next group to come up will have to get it on the basis that we want to help them. Ms.. Bercusont OK, thank you, air. I stand corrected. Then, as an independent request, I request the waiver of the street closure fee. Vice Mayor Dawkins: OK, how much is it? Ms. Bercuson: Two thousand, six hundred seventy -six dollars. Vice Mayor Dawkins: What's your recommendation, Mr.... Mayor Suarez: Castaneda. Frank. Vice Mayor Dawkins: Mr. Castaneda. Mr. Odio: We have to recommend against it. I told her that... I told her, I'm going to have to recommend .against it because why do we have a fee if we're going to waive it every time we have a festival? Mr. Frank Castaneda: Because the budget constraints, we're recommending always... Mr. 0dio: No budget constraint, it's a... we have.a fee, we need the monies and we're recommending against it. Mayor Suarez: This is what I call, the Coconut Grove - surtax street closure, pile it up, make them pay even more, and .hope that it goes back somehow to repair...no? Mr. Castaneda: They're not asking a waiver of that, what they are asking is a waiver of the 25 cent impact fee per... Commissioner De:Yurre: Mr. Mayor, if I may, to try Mr. Castaneda: I'm sorry, 25 cents per linear... Commissioner De Yurre:. Mr. Mayor, I would propose... Mayor Suarez: -I don't remember ever, ever having gotten into the concepts +of impact, for events, :but yes, Commissioner. Commissioner'De Y urre :' I would propose, since, you know, we do need our fees, and we certainly- need -to, do .all we can for events of this magnitude and importance. I..would venture:to. go 50/50 on this, and give them - half the reduction of'50:percent. I would so move. Ms. Bercuson:: Thank you. Mayor Suarez: - So moved. Commissioner Alonso: I second. Mayor Suarez; Seconded. Call the roll. Mr. Mr. Mayor, make sure... Mayor Suarez' You may sit down,, you don't have to go anywhere: - We'r going to reopen any can of worms here. Mr. Adios Make sure that we do mention that the street closures, passing the street closures, so that... Commissioner De Yurre; With the fee that they're :asking to seism. 12 Mr. Odio: Yes. Commissioner be Yurre: OK. Vice Mayor Dawkins: What's happening? Commissioner be Yurre: Fifty percent. Vice Mayor Dawkins: Fifty percent? Who seconded? Commissioner Alonso: I did. Commissioner be Yurre: Miriam. Vice Mayor Dawkins: OK. Mayor Suarez* Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: AYES : - RESOLUTION NO. 90-863 A RESOLUTION RELATED TO THE 1991 COCONUT GROVE ARTS FESTIVAL TO BE CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC., ON FEBRUARY 16, 17, AND 18, 1991 IN PEACOCK AND MEYERS PARKS VICINITY; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; AUTHORIZING A THREE -DAY PERMIT FOR THE SALE OF BEER AND WINE SUBJECT TO THE. ISSUANCE OF ALL PERMITS REQUIRED BY LAW DURING THE EVENT; WAIVING ONE -HALF OF THE STREET OBSTRUCTION FEES IN CONNECTION WITH SAID EVENT;' CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND UPON 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 and adopted by the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: It is-entirely possible that if:. we. • keep• reducing theseiby percent or whatever percent, maybe ^we ought to the ordinande :refleot- lower fee, be 50 percent of what it is, and then... Commissioner De'Xurre; They're always going to come asking for less, Mayor Suarez: No, no, and then say very clearly, by whatever means i' takes; that they shall not come to this Commission to ask for any changes in Oat' f00::: schedule. That will - be the fee schedule. Commissioner Alonso; That seems very reasonable, Mayor Suarez; Commissioner, do you agree with that? l hope'we get;it ' Mr gity :.Attorney, in the form .•of. an ordinance• and " epecifyiz6 ;'that; ,• take unanimous Commission to waive that or that procedurally, they can't dome to the Commission to ask for changes, they must go through... Commissioner be Yurre: That we need six votes to make it... Mayor Suarez: You need six votes so they have to go through 25 committees over a span of five years before it reaches something. I mean, we just can't keep having these items come before us. Commissioner Alonsot They will have to have a waiting period of a year and a half before they come to us. Mayor Suarez: That's right. Ms. Bercuson: Thank you very much. Mr. Fernandez: So right now, what you're... Mayor Suarez: Go to drunk driving school before, et cetera. Yes. Mr. Fernandez: Right now, it's 25 cents, so you're suggesting that I prepare something to you that reads twelve and a half cents with very tough waivable provisions. Mayor Suarez: Please. Does everybody agree on that? Commissioner Alonso: Yes. Mayor Suarez: Thank you. OK. We're finished with the consent agenda. I suggest we table item 1 until Commissioner Plummer is here. Item three has been withdrawn by the administration. 6. DISCUSS AND CONTINUE (TO COMMISSIONER MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE AMENDING THE CODE BY REDEFINING TERMS: AFFIRMATIVE ACTION PLAN, MINORITY AND WOMEN -OWNED SMALL BUSINESS ENTERPRISE, SET -ASIDE AND VENDOR - ADDING TERM: SET -ASIDE WAIVER - PROVIDING FOR SET -ASIDE PROVISION TO ALL CITY BIDS AND CONTRACTS (DISPARITY STUDY COMMENTS). Vice Mayor Dawkins: OK, before you get to four, Mr. Mayor, I'd like to ask that item 16 be continued because I was out of the country and I have yet to . get any information from the administration or.from the Law Department. Now,;, - I made a motion and was carried by this Commission that the City Attorney update the .disparity .study and as of today., I have not received it. and .I'don!t know what the problem is,.but I would ask the City Attorney that :I.have..that before the next meeting ,so that this can, and I would like to. sit. dowti the administration. to be sure this is done and I want the Manager I want to tell the- Manager.now and the City Attorney, - this must.'.ensure -'that small business persons, male or female, within the City of Miami, get the work. Mr. Jorge Fernandez: Yes, sir. Vice.,Mayor Dawkins: That's what I'm creating this for. I'm.not:creating this. for small business people in Broward County, Dade County, I'm for the City of Miami. OK? So, I move that this be continued until the next .meet.ing, Sixteen. Mayor Suarez: So moved. Commissioner De Yurres Second. Mayor Suarez: Seconded. Any discussion on the motion to defer until the next meeting? if not, please call the roll, 14 NOirember' The following motion was introduced by Commissioner Dawkins, who moved its adoption: Upon adopted by AYES: NOES: ABSENT: None. Mayor Suarez: We made Commissioner De Yurre: Commissioner Alonso: time. MOTION NO. 90 - 864 Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Commissioner J. L. Plummer, Jr. Mayor Suarez: Always in favor of taking grants... Commissioner Alonso; Move. Mayor Suarez: So moved. Commissioner De Yurre; Second. Mayor Suarez; Second. A MOTION REQUESTING THE ADMINISTRATION TO CONTINUE AGENDA ITEM NO. 16 (PROPOSED FIRST READING ORDINANCE TO AMEND CITY CODE BY REDEFINING THE TERMS "AFFIRMATIVE ACTION PLAN, MINORITY AND WOMEN -OWNED SMALL BUSINESS ENTERPRISE, SET -ASIDE AND VENDOR" AND ADDING THE TERM SET -ASIDE WAIVER) TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6, 1900; FURTHER DIRECTING THE CITY COMMISSION, BEFORE THE NEXT COMMISSION MEETING, AN UPDATED COPY OF THE DISPARITY STUDY THAT WAS REQUESTED PURSUANT TO R 90- 526, IN ORDER THAT FURTHER DIALOGUE BETWEEN THE ADMINISTRATION AND INDIVIDUAL MEMBERS OF THE COMMISSION CAN TAKE PLACE BEFORE THE NEXT SCHEDULED MEETING IN CONNECTION WITH SAID ISSUE. being seconded by Commissioner De Yurre, the motion was passed and the following vote: Commissioner De Yurre: You know, Mr. Mayor, this is a good opportunity to find out just how fast this Commission can move without Commissioner Plummer here. Mayor Suarez: Henceforth, I suggest that he not arrive until 11:30 or 11:45. 15 tioireabar .. a statement to that effect. How fast we can get these items through. Let's make a motion to keep him out until 11:00 every 7. EMERGENCY ORDINANCE: ESTABLISH TWO NEW SPECIAL REVENUE FUNDS: (1) REFUGEE CASH ASSISTANCE (FY '90 -91); (2) DHRS - REFUGEE AND CUBAN AND HAITIAN ENTRANTS (FY '90 -91) - APPROPRIATE FUNDS FROM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GRANT AWARDS - ACCEPT GRANTS EXECUTE AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Mayor Suarez: Item four, emergency ordinance. Special revenue fund, Refugee Cash_ Assistance funds, DHRS, refugee and Cuban and Haitian entrance. Mr. Odio: This is to receive a grant, Mr. Mayor, for $44,000 and $42,000 respectively to fund program to be used to develop employment opportunities for Cuban and Haitian refugees. Vice Mayor Dawkins: Who's in charge of carrying this out once we receive the I _ money, Mr I Mr. Odio: This will be the job employment, office at the Community Development Department. Vice Mayor Dawkins: under discussion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: The who now? -the job... Mr. Odio: Kierson. What is the name? Mr. Frank Castaneda: Ivey Kierson. Mr. Odio: Ivey Kierson. Vice Mayor Dawkins: OK. Will you have someone provide me with the goals and the objectives of how this is done and how you reach the target area? That is, how you reach the Cuban refugees... Mr. Odio: Yes, sir. Vice Mayor Dawkins: ...and how you reach the Haitian. And something showing how successful we have been or what our failure record is. Mr. Odio: Yes, sir. Vice Mayor Dawkins: Thank you. Mayor Suarez: OK. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Vice Mayor Dawkins: Before you go any further, Mr. City Attorney. Mr. Fernandez: Yes, sir. Vice Mayor Dawkins: Explain section 8 to me, please. Mr.- Fernandez: Explain what to you, sir? Vice Mayor Dawkins: Section 8 of this ordinance. "This ordinance is hereby declared to be an emergency measure on the .:grounds of urgent:. public need for the preservation of peace, health, safety and property of the City of Miami and upon the. further grounds_of necessity of_. - .City of Miami .tomake: - the.t required and;.. necessary: payments to-its.- employees and offices, the ,:_. payments of its debts, the necessary and required purchases of- goods and services and to generally carry on the function and duties of municipal affairs." And the City would break down and go into bankruptcy if we didn't do this.With - :: this $44,000. Is that what this says? Mr. Fernandez: No, it doesn't, sir. This is standard language that we use that's otherwise generally accepted and recognized as the grounds for an emergency. The grounds for the emergency are best explained by the administration. This is sufficient legal language to ensure that the reasons that the administration has for asking you to vote on this on an emergency basis are substantiated on the record. Vice Mayor Dawkins; OK, but wouldn't it be easier to write the language the legal language so that it applied to what we have in front'of us anti hot something that's just generalised? Mr. Fernandez; That can also be done, sir, Vice Mayor Dawkins; Thank you, that's all. Thank you. Call the rol 16 Novembor • AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Mayor Suarez: Any discussion? You've read the ordinance, Mr. City Attorney? Mr. Fernandez: Sure. Mayor Suarez: Call the roll, please. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE FUNDS ENTITLED: "REFUGEE CASH ASSISTANCE (FY'90 -91)" AND "DHRS - REFUGEE AND CUBAN AND HAITIAN ENTRANTS (FY '90 -91) "; APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $42,000 AND $44,000 FROM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner De Yurre, 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: NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Alonso and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: NOES: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10807. 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. 17 UovsmbOr .8 # 19 AYES: NOES: None. Si.1itYG�Vfiaw iYaliW r.a�..z1.:Yi iiliL3iiY.iF:i1.IW iY.A7..®YiiL.�i ilYifJ�69Yi JYi Y�i..WS.' iY.i. i.{i.Gtiilr i.��.i' J'.r ii�lb irlri riii:iiii�LYi.W Wi1tii.i YfYYY J1. iL.Y.1. 8.. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: WAGNER-PEFSER 7(b) DISCRETIONARY FUNDS (FY '90-91) - APPROPRIATE FUNDS PROM STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY - ACCEPT GRANT EXECUTE IMPLEMENTING AGREEMENT WITH STATE OF FLORIDA (JOBS FOR OFFENDERS AND EX- OFFENDERS), Mayor Suarez: Item five, emergency ordinance, requiring 4 /5ths vote. Mr. Odio: We're going to receive a grant of $32,500 from the Department of State that Labor Department to operate a program to help the skilled training and job placement services to offenders and ex- offenders. Commissioner Alonso: Move. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Vice Mayor Dawkins: Under discussion. Mayor Suarez: Discussion. Vice Mayor Dawkins: Mr. Manager, bring me the goals and objectives and who's responsible and how you reach the target area and who they are, please. Mr. Odio: Yes, sir. Vice. Mayor Dawkins: Thank you. Mayor Suarez: OK. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: " WAGNER- PEYSER 7(b) DISCRETIONARY FUNDS (FY'90 -91)" APPROPRIATING FUNDS IN THE AMOUNT OF $32,500 FROM THE STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY IMPLEMENTING AGREEMENT WITH THE STATE OF FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner Dawkins,: 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: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENTS Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Alonso and aeoonded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10808. 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. 9. DISCUSS AND TEMPORARILY TABLE PROPOSED EMERGENCY ORDINANCE MAKING APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY (See label 44). Mayor Suarez: Item six, emergency ordinance. Mr. Odlo: As you remember, when you approved the DDA budget, you approved only 1 /16th. We were told to bring it back and, hopefully, you'll approve the whole thing or keep coming back every month. Mayor Suarez: Matthew, I understand that not all the Commissioners have been able to get with you, so it's my hope that they all will be and get clarifications and satisfaction on whatever questions they may have. Mr. Matthew Schwartz: The DDA board is scheduling a meeting at 10:00 at night at the request of Commissioner Plummer to take a tour of downtown. That:,was one of Commissioner Plummer's:concerns and to meet with Commissioner Plummer who had the main concern last time. Commissioner De Yurre: When is that meeting? Mr. Schwartz: We're waiting for Commissioner... it's. 10:00 o'clock :a night... Commissioner De Yurre: At night? Mr. Schwartz: ...and we're waiting for Commissioner Plummer... yes. Commissioner De Yurre: When is that? - tonight? Mr. Schwartz: Whatever night Commissioner Plummer is available: Mayor Suarez: He wants a meeting at 10 :00 p.m. sometime downtown... Mr. Schwartz: To tour downtown. Mayor Suarez: He hasn't made himself available for the meeting yet, but that's... Mr. Odio: It'll be a quick tour, there will be nobody there. Mr. Schwartz: Let's hope not. Commissioner Alonso; Well, we moved to... Commissioner De Yurre; When does that budget run out? Mr. Odio: Now, because you only approved 1 /16th. Commissioner De Yurre: How much did we approve? Mr, Schwartz: For 5/6tha, the remainder, 19 Nov Commissioner De Yurret We approved 1 /6th. Mr. Fernandett One- sixth Mr. Odios One- sixth, I'm sorry. Mr. Schwartz: And this is for 5 /6ths for the remainder of the year. There's a- difficulty of getting scheduling because of the number of items on the Commission agenda. Mayor Suarez: Oh, you have it set as the entire rest of the year without Commissioner Plummer being here? I think we ought to wait. I think we ought to wait. I'm sorry, I thought you were just asking for another 1 /6th, I would guess... Commissioner Alonsot We can table until the afternoon. Mayor Suarez: Yes, let's table until he's here. 10. EMERGENCY ORDINANCE: AMEND CODE: (1) SECTION 30 -53 ENTITLED "GREEN - FEES "; (2) SECTION 30-54 ENTITLED "CART FEES" - REVISE FEE SCHEDULES FOR CITY GOLF COURSES. Mayor Suarez: Item seven. Maybe that's another reason for tabling. Commissioner Alonso: We will vote after we walk at 10:00. Mayor Suarez: After a 10:00 p.m. meeting. Mr. Odio: This is amending the code by rising the fee schedules on the City golf courses to bring the golf courses fees up to par with the other golf courses. They haven't been raised since 1987. Commissioner De Yurre: Mr. Mayor, on this issue; I've been talking to Parks & Recreation and comparing the figures to what is the norm throughout the Greater Miami and they are within the norm or below the norm on most of the items. Now, my concern, I have no problem of voting for this is that I want to make sure that this excess income that we're going to be receiving, that it ;- be`used "for the capital improvements" of the golf course. Because if` not, " you don't have my "vote. I want to make sure that we start making... Mr. Odio: No, no problem. Commissioner De Yurre: There are a number of improvements that need to be made and I'm sure that the golfers that are there wouldn't mind paying the extra $2 or $3 if they knew that it was going to improve the course. Mr. Odio: No problem, no problem. Mayor Suarez: Do we have a differential for non -City residents, Mr. Ruder? Mr. Albert Ruder; We have a discount program for City residents. Mayor Suarez: What are they supposed to do to be aware of the "fact "that " there's a discount program? Mr. Ruder: It's in the Code and our staff in the golf courses will always communicate that and I think there's some signs... Mayor Suarez: Why that way? Why not just a flat differentiae. like' Cora Gables has where you come in and big sign there says,"if you're a' =City resident; "X" amount, and if you're a non City resident, different amount, Commissioner Alonso: But, it is 50 percent discount. Mr, Ruder: Yes, yes, it depends on if there's available times and ail "of - tha t because now we have a tee time system where you call up through - a compute' you're assigned a time so that,.. 20 Mayor Suarez: Computer assigning the titres to tee off in our golf courses. Mr. Ruder: Yes, that's,.. Mayor Suarez: Just what we needed, Mr. Ruder: That's a new trend that several golf courses, public ones, in this area have Mayor Suarez: Well, it's hard to tell, I guess, if the City residents are taking advantage of the discount. Do you have any idea that they are? Do you have any statistics to show that they have? Mr. Ruder: We're doing now a new study on how many City residents are using it, but the last numbers that I saw was about close to 30 percent of City residents are using Melreese and only about 20 percent... Mayor Suarez: Those are interesting statistics as to what percentage of the course is used by City residents. Those are not interesting statistics on the question that I asked, which is do we have any idea whether City residents are in fact, playing for less and taking advantage of the discount? See, it's automatic in other jurisdictions, it's automatic. Nobody would walk in there and pay the higher fee if they could prove residence and I don't know why we don't just do it that way. Mr. Ruder: All right, well we'll certainly look into that and make sure that it's very clear and that we're communicating the fact that that opportunity is available to City residents. Mayor Suarez: By the way, I interrupted you when you were going to say what percentage use Miami Springs that are City residents. Mr. Ruder: Well, the latest statistics, which go back a couple of years, and we're trying to do some new studies, I think it was only about twenty percent or so, Miami Springs. Mayor Suarez: Fine, whatever the best ones you have. OK. Commissioner Alonso: Do we have a sign that states that City of Miami ° residents - great... Mayor Suarez: Thank you, that follows up on the same concern. We have a motion and a second. Commissioner De Yurre: Moved. Commissioner Alonso: Yes. Mayor Suarez: Moved, seconded, Commissioner Alonso. Any discussion? please read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING SECTION 30 -53 ENTITLED "GREEN FEES ", SECTION 30 -54 ENTITLED "CART FEES" AND SECTION 30 -55 ENTITLED "SPECIAL RATES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING SAID FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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: 21 sovr AYES NOES: None. Commissioner Victor be Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner be Yurre and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor be Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10809. . 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 De Yurre: How much is this supposed to generate? -the additional income? Mr. Ruder: Yes, yes, at least, yes. Mr. Ruder: Yes, yes, yes. Commissioner De ,Yurre: Including what? - sprinkler system... Mr. Ruder: Irrigation system, car pass, the greens have to be rebuilt and things along those lines. Commissioner De Yurre; .° So, theoretically, without using any other mone within a five year period, we should be... Mr. Ruder: Yes. Commissioner De Yurre: ...up to speed at Melreese. Mr. Ruder: Yes. Commissioner De Yurre; OK, thank you. 22 Mr. Ruder: In revenue, it's supposed to generate about $237,000, but the projected excess'of revenue over expenses for Melreese is about $58,000 for this year and it's about $87,000 for Miami Springs and that's what, if we reach those levels, they're just projections, that's what we plan to use entirely for improvements. Commissioner De Yurre: Because you're talking about just over $100,000 or around $100,000 is going to be available. Commissioner De Yurre: If I recall the improvements that needed be made to Melreese ran about what? -half a million dollars? . EE 1 11. EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND: "RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY '91) - APPROPRIATE FUNDS: (a) $264,281 GRANT FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS); (b) $45,000 FROM FY '91 GENERAL FUND, RECREATION DIVISION OPERATING BUDGET; AND (c) $75,000 IN CARRY-OVER FUND BALANCE FROM FY '90 REVENUE FUND OF SAME NAME - ACCEPT GRANT - AUTHORIZE EXECUTION OF AGREEMENTS. .. - • ...i - . - w. .. err rir.ii i i.G.i.rr - . ..r rn �.. iwi.YrtK iia4l.. Yr 4s.riu Jic Mayor Suarez: Item 8, emergency ordinance, new special revenue fund, recreation programs for the mentally retarded, fiscal year '91. Mr. Odio: Receiving a grant from the state. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY'91" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF $384,281 CONSISTING OF A $264,281 GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS), $45,000 FROM FISCAL YEAR 1991 GENERAL FUND, RECREATION DIVISION OPERATING BUDGET, AND $75,000 IN CARRY -OVER FUND BALANCE FROM THE FY'90 REVENUE FUND OF THE SAME NAME; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO ENTER INTO THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM, SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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: NOES: None. AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Alonso, adopted said ordinance by the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Daw Mayor Xavier L. Suarez NOES; None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10810. 23 NOV : o ' 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. 12. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE rUND: "EMERGENCY SHELTER GRANT (FY '90)" - APPROPRIATE FUNDS ($292,000) FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHtJD) (CITY'S 1990 EMERGENCY SHELTER GRANT APPLICATION). Mayor Suarez: Item 9, emergency ordinance. Mr. Odio: This is McKinney Act funds we receive for the homeless which you ordered us to allocate $50,000 to Better Way, Inc. and the balance to go to the operation of Beckham Hall in conjunction with the County. Commissioner Alone*: Move. Mayor Suarez: OK. Moved. Seconded. Vice Mayor Dawkins. Vice Mayor Dawkins: Under discussion. We're getting two hundred and ninety - two thousand, we're spending one hundred and eighty -three thousand, six hundred dollars. What happens to the $108,400 left over? Mr. Odio: It's to pay for the staff that we have allocated from here over there to operate Beckham Hall. Vice Mayor Dawkins: Where does that say it in here? Mr. Frank Castaneda: Fifty thousand is for Better Way, fifty- eight... Mayor Suarez: Now, wait a minute, a minute, Frank. Lieutenant, would you please tell the people that are out there having a party that they can have it elsewhere. Thank you. Apparently, they heard. Mr. Castaneda: Of City staff, correct, Commissioner. Mr. Odio: Sure do. 24 N+ V8 Vice Mayor Dawkins: Say what now, sir? Mr. Castaneda: The resolution for Better Way has already been approved by the Commission. Fifty thousand dollars will go into Better Way and $58,400 is pay for City staff being allocated to the operation of Beckham... Vice Mayor Dawkins: Then the $50,000 is not included in $183,000? Mr. Castaneda: No. Fifty thousand dollars on top of that. The reason that... Vice Mayor Dawkins:. So then, only $58,400 goes to salaries for people working there. Vice Mayor Dawkins: OK. Thank you. Mayor Suarers Mr. Manager, would you, as a suggestion, make available to the media our use and our aggressive pursuit of McKinney Act funds so they know about it and we don't keep getting letters from people saying, why don't you guys pursue McKinney Act funds when it seems like we spend a heck of lot of time doing it. Mayor Suarez: But, let the media know, please, so that they adequately cover . it, You know, when you have to prepare for them and sort of chew it up and sat it up so that they can just put the little note. You don't want to do the work on anything that positive. Call the roll on tha.., read the ordinance Call the roll, AN ORDINANCE ENTITLED- AYES: AYES: NOES: None. AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMERGENCY SHELTER GRANT (FY "; APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE AMOUNT OF $292,000 FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) AWARDED AS A RESULT OF APPROVAL BY USHUD OF THE CITY'S 1990 EMERGENCY SHELTER GRANT APPLICATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner De Yurre, 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: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Alonso and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO 1A11. The City Attorney read the ordinance into the public record and announced that copies were available to the membets of the City Commission and to the public. 13. ALLOCATE FY '. 90 EMERGENCY SHELTER GRANT FUNDS ($183,600) TO METROPOLITAN DADE COUNTY FOR OPERATION OF.BECKHAM HALL SHELTER FOR THE HOMELESS,. - EXECUTE AGREEMENT. Mayor Suarez: Item ten. Mr. Odio: This to give the appropriations to the County for one hundred... Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner De Yurre; Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 25 November RA and AYES: NOES: None. S Mayor Suarez: Item 11. RESOLUTION NO. 90 -865 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: A RESOLUTION, WITH ATTACHMENT(S), ALLOCATING $183,600 OF FY '90 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE OPERATION OF THE BECKHAM HALL SHELTER FOR THE HOMELESS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY IN REGARD TO THE SHELTER'S OPERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, adopted by the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. the resolution was passed 14. FIRST READING ORDINANCE: CREATE CHAPTER 12.1 OF CODE ENTITLED: CONVENIENCE STORE SECURITY - REQUIRING CERTAIN RETAIL GROCERY STORES TO BE EQUIPPED WITH SECURITY DEVICES; CERTAIN LEVELS OF LIGHTING FOR PARKING LOTS; REQUIRING SIGNS TO BE POSTED; PROHIBITING WINDOW TINTING; REQUIRING EMPLOYEE TRAINING; PROVIDING FOR CIVIL FINES AND NONCOMPLIANCE FEES. Mr. Odio: It's creating a chapter in the Code called, "Convenience Store Security." This is to provide for definition requiring certain retail grocery stores to be equipped with specified security devices. This is a State law requirement, and we must have it in effect before the end of this month. We are not quite worked out yet - I have to put this on the record on how we're going to enforce this. We're mandated by the state, and what I suggest is that we pass it on first reading, and by the second reading, we have to bring back a more detail on how it will operate because we have not had time to. Vice Mayor Dawkins: Are you saying that you don't have the money to do this with? Is that what you're saying? Mr. Odio: No, we do, this is not so much a question of money as to there are so many areas that you have to inspect in the convenience stores now. Some, cover code enforcements, some are police, and there are too many jurisdictiona involved, and we need to determine who's going to manage this act. This quite complicated, it's going to put quite a lot of restrictions on some'of the grocery stores. Commissioner Alonso: Yes, Mr. Manager, but asked the question about whether we had the City. How are we going to enforce this? they do have, in fact, $50 on the premises. Mr. Odio: That's why we have not quite.., in order to meet this - we're mandated by state - this is why I'm glad Amendment 3 passed. Commissioner Alonso; I'm so glad it did. Mr, Odio; But this one was before that, We're mandated to # Va ;_ this:; • '.place, and we just don't know yet how, just how we're going to operate th3si 24 also, as the Commissioner' said he : -: money or not. It is costly to the Are we going to go and check that How do we do things like that? Vice Mayor Dawkins: But, Mr. Manager... Mr. Jorge Fernandez: The act provides for a fee schedule, a noncompliande fee schedule, if in our inspecting of these facilities, we find that they're in noncompliance, then we can assess them a fee and then, perhaps, that could be a source of meeting the expanses associated with carrying out the mandate. Vice Mayor Dawkins: My only problem with this is, the Manager tells me it's mandated, the Manager tells me we got to have it in place by such and such a date. Then, the Manager comes here and tells me I'm not ready, but I Want you to pass it and I'll go get ready. Mr. Fernandez: No, no, we're ready. Vice Mayor Dawkins: That's the only problem I have with that. Mr. Fernandez: We're ready. The only thing that this is an ordinance that will be passed in two separate readings. Vice Mayor Dawkins: Well, if you're ready, explain to me what you're going to do and where the money is coming from. If you're ready. Mr. Odio: Well, I can speak for myself. We are not quite decided yet how we're going to enforce this ordinance. But, if you pass it on first reading, when we bring it back for second reading, we'll spell out how we plan to do i t. Mr. Fernandez: That's right, OK. Mr. Odio: It's either that or not pass it at all now, but we want to comply with the state and so that they don't... I believe this is not going to work, in plain English. Commissioner Alonso: I know. Vice Mayor Dawkins: But you see, they shouldn't say that because now people will think that you don't have it ready because you don't think it's going to work. And that's not true. Mr. Odio: That's not true. Vice Mayor- Dawkins: That's not true. Mr. Odio: We ' - re doing it. Vice Mayor Dawkins: OK, but put that in the record, Mr. Manager... Mr. Odio: OK. Vice Mayor. Dawkins: -..so that when the people read -it in the paper, they don't think that we're not... we haven't done it because you don't think it will work. We haven't done it because we haven't had the time to work out the mechanics of it. Isn't that right, sir? Mr. Odic: You're right. This is a classical example of -the state dictating. to us on how to run the community when they are not fani -liar with how this; operates. Mayor Suarez: And, as long as you mention -that, Mr. -City Attorney, have you. thought about the implications of the passage of the mandates constitutional amendment which I believe passed, did it not? Commissioner Alonso: Yes, it did. Mr. Fernandez: Yes, it-did. Mayor Suarez: Are you going to make a report to us of the implications of.it? I mean, would it, just as an example, would it apply to this kind of . a statQ'_ statute that requires us to enforce an ordinance that is sort- of-- a :c_lassie police ordinance, a regulatory ordinance, for which we have scarce ability „to - enforce? Mr. Fernandez: I would believe it would, sir. We would need to look into that. Mayor Suarez: because what we should be doing, we should be the first City to Start preparing bills - I mean, bills, not like legislation but inVOices, for what they owe us for everything that emanates from them, that emanated. If it applies to the legislation passed in the last session and anything that we hear is going to be enacted, we send an invoice. We'll be happy to implement' that, but it's going to cost "X" amount. We'll expect your check within 30 days Mr. Fernandez: I am sure that the character of the amendment that just passed is prospective in nature, and as we move on to the future and seek to comply with their mandates, then we can develop a mechanism of doing that. Mr. Odio: The one example that for the future I can think let's say they had passed recycling in the next legislation. had to pass recycling and this is how we're going to collect give it to the cities to operate the recycling programs. think... of, Mr. Mayor, They would have the monies and That's how I Mayor Suarez: Yes, there they would get two different kinds of statements. One from you and one from me. You're saying that this is going to cost us money and mines saying that it's going to save us money. But there, we'd have to somehow agree. But certainly, we should be prepared to be the first city that is up there with our extended hand saying, where's our money? And they say, why are you here? You passed legislation, we calculated that it has an economic impact of "X" amount, we want our check. Mr. Odio: I think that the way the amendment is, and I've worked a little bit with Plummer, and that is that if they pass any future legislation, and they must have the legislation and also the funding to go with the legislation. It's not... Mayor Suarez: Right. But, what's going to happen is that there's going to be a great dispute as to a variety of regulatory bills whether they, in fact, have an economic impact or not. And we ought to be ready to tell them that any regulation they pass, any regulation they pass, will have some economic impact if we have to enforce it unless they send the enforcers. down. They have a special police for convenience stores. Fine, then we have nothing to worry about. We just sort of let them into our jurisdiction, I guess. We don't arrest their special police. That's one thing. If they want us to use our police officers to enforce their ordinance and to implement it, even the time of passage, part of your salary, part of his salary, et cetera, part of our salaries - small part of our salaries. All right, we have a motion and a second. Have you read the ordinance? We didn't have a motion and a second. It was moved by Vice Mayor Dawkins. Seconded, Commissioner Alonso. Call the roll. ORDINANCE ENTITLED AN ORDINANCE, WITH ATTACHMENT, CREATING CHAPTER 12.1 OF-THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, ENTITLED "CONVENIENCE STORE SECURITY "; TO PROVIDE FOR DEFINITIONS; REQUIRING CERTAIN :RETAIL GROCERY STORES TO BE EQUIPPED WITH SPECIFIED SECURITY DEVICES; -REQUIRING CERTAIN LEVELS OF LIGHTING. FOR PARKING LOTS; REQUIRING POSTING OF CERTAIN SIGNS; REQUIRING..POSTING OF SPECIFIED SIGNS; PROHIBITING WINDOW'.TINTING; REQUIRING TRAINING FOR CERTAIN EMPLOYEES; PROVIDING FOR CIVIL FINES; PROVIDING FOR NONCOMPLIANCE FEES;_ CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote ;, 28 Nov &' 8, AYES NOBS: None. Commissioner Victor De ?urre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. The City Attorney announced that copies were to the public. L. Plummer, Jr. read the ordinance into the public record and available to the members of the City Commission and- 15. FIRST READING ORDINANCE: AMEND ORDINANCE 10782 -- INCREASE APPRbPRIATIONS FROM ADDITIONAL RENTAL REVENUE BONDS ($12,000,000) FOR: FEDERAL LAW ENFORCEMENT BUILDING (PROJECT NO. 311014). Mayor Suarez: Item 12. Federal Law Enforcement Building. Mr. Odio: We have to increase the appropriation by $12,000,000 in order to be able to execute an agreement with Miami Capital Facilities. Vice Mayor Dawkins: What is, additional rental revenue bonds? Ms. Arleen Weintraub: In the bond issuance, the $30,000,000 rental revenue bond issuance, it also authorized additional revenue bonds to be issued when we knew the contract price for the project. They have not been issued yet. They're federal government backed bonds. Vice Mayor Dawkins: Federal government backed bonds. And they're paid back by what? Ms. Weintraub: By the rental received by the City from the federal government for the lease of the building. Vice Mayor Dawkins: So, in other words, we are borrowing money against future earnings. Ms. Weintraub: No, sir. Vice Mayor Dawkins: Why? Isn't rent future earnings? Mayor Suarez: Yes, he said it exactly right. Vice Mayor Dawkins: Well, OK... Mayor Suarez: He said it exactly .right. We are ,borrowing money .. against future earnings.. We're bonding out the future lease payments: Mr. Herb Baileys No, that's not exactly what's happening. Vice Mayor Dawkins: OK, what's happening, Mr. Bailey? Mr. Bailey: We've already entered into a lease agreement with the federal government who has already got an authorization to sell the sufficient bonds we need to build a facility. They have also appropriated enough to pay the rent on that facility to retire those bonds. This has no impact at all on the .r City's funds or revenues. This is one hundred percent funded activity by the federal government for the GSA building. The rental revenue: is :from the federal government who is issuing the bonds to pay their own bonds, x ; 40 .,- J ust... Mayor Suarez; We are borrowing against future rental payments. Mr. Baileys Yea, yea... Mayor Suarez: That's OK, that's the way the whole thing was sssppoaed set up. 29 Mr. Bailey: for the same people, yes. Vice Mayor Dawkins: That's all. But you still, Mr. Bailey, are borrowing money against future rental income. Mayor Suarez: Sure. Mr. Bailey: But Its their own money they're borrowing. Mayor Suarez: Yes. Mr. Bailey: But that is future... OK, fine. Vice Mayor Dawkins: OK, that's like your wife got your credit card. What's the difference? Mr. Bailey: I don't have a wife. Mayor Suarez: That's a major difference. That is a major difference! No spouse. All right, on the item. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Are we going to be doing these in series or why wouldn't these be in one shot for the entire project? Ms. Weintraub: We've already sold $30,000,000. Now that we know that the project has come in at $35,000,000, in addition there's land acquisition costs. Now we know the number and there wouldn't be any more than this. Mayor Suarez: OK. I'm sorry, do we have a second? Mr. Foeman: No, we don't. Commissioner Alonso: Yes. Mayor Suarez: Thank you. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED- AN....ORDINANCE AMENDING SECTION 1 OF .ORDINANCE NO. 10782, AS AMENDED, ADOPTED SEPTEMBER 27, 1990, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR THE EXISTING PROJECT ENTITLED "FEDERAL LAW, ENFORCEMENT BUILDING," PROJECT NO. 311014, IN THE AMOUNT OF $12,000,000 FROM ADDITIONAL RENTAL REVENUE BONDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was by s introduced • b Commissioner Dawkins and seconded by Com Alonso "and was- passed'on :its - first reading,by titre the following vote: AYES: NOES; None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT; Commissioner J. L. Plummer, Jr. The City Attorney read the ordinance into the public record anc announced that copies were available to the members of the City Commission an to the public. asararxrFr.law.taa ty wanal..rr®.�c.:ermcr..w..Y..w 16. FIRST READING ORDINANCE: AMEND ORDINANCE 10782 - INCREASE APPROPRIATIONS ($50,000) FOR PROJECT ENTITLED "FIRE RESCUE SPECIAL SUPPORT EQUIPMENT Fit '90" (PROJECT NO. 313237) - APPROPRIATE FUNDS FROM STATE OF FLORIDA DEPARTMENT Or HEALTH AND REHAEILITATIVE SERVICES GRANT. Mayor Suarez: Item 13. Commissioner A10 iso: Move. Mayor Suarez: Moved; Fire Rescue special support equipment. Vice Mayor Dawkins: Second. Mayor Suarez: And capital improvements. Seconded by Vice Mayor. Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED- Was introduced by Commissioner Alonso and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: NOES: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Mayor Suarez: Item 14. Vice Mayor Dawkins: Move it. Mayor Suarez: 'Moved, EMS First Aid. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please read Call the roll, AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10782, THE CAPITAL IMPROVEMENTS APPROPRIATION ORDINANCE, ADOPTED SEPTEMBER 27, 1990, BY INCREASING THE APPROPRIATIONS FOR THE PROJECT ENTITLED "FIRE RESCUE SPECIAL SUPPORT EQUIPMENT FY'90 ", PROJECT NO. 313237, IN THE AMOUNT OF $50,000; APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 31 ABSENT: . Commissioner J. L. Plummer, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 17. FIRST READING ORDINANCE: 'ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "EMS FIRST AID RESOURCE TRAINING (FY '90)" - APPROPRIATE FUNDS FROM '' -A GRANT -IN -AID FROM STATE OF FLORIDA DEPARTMENT. OF HEALTH AND REHABILITATIVE SERVICES ($25,040). AN ORDINANCE ENTITLED... AYES: AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMS FIRST AID RESOURCE TRAINING (FY'90) "; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $25,040 FROM A GRANT -IN -AID FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AS FOLLOWS: $12,546 FROM FY'90 -91 GENERAL FUND: DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, AND $12,512 FROM FY IN -KIND MATCH OF SALARIES, SERVICES AND EQUIPMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. FIRST READING ORDINANCE: REPEAL CHAPTER 19 OF THE CODE (FIRE PROTECTION) - CREATE NEW CHAPTER 19 (FIRE PROTECTION) TO BE ADMINISTERED BY FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT — ADOPT PROVISIONS OF SOUTH FLORIDA FIRE PREVENTION CODE AND ALL ITS' TECHNICAL REFERENCES WHICH PROVIDE DEFINITIONS AND STANDARDS OF FIRE PREVENTION AND SAFETY. Commissioner Alonso: I have some questions. Is this the reason so many people are complaining that in some even small buildings you've been requesting so many things that were not required before? I'm receiving lots of calls in my office. Is that the reason? Mr. John Calpini: No, ma'am, I think what that's - coming from is that two years ago, we adopted, or the state adopted, the 1985 edition of life safety code which we're mandated to use as far as existing concerned And that is a retroactive code so the things that'I think that you .might.be experiencing from the citizens are those things that they are having to.do that they, you know, that were existing conditions.' It has nothing to "With this particular proposal today. Commissioner Alonso: If that is the' case, why some people are telling me that,'for example, in a six unit building, six four units, small' building A year and a half or two yearsago they were required to have an electric - smoke alarm. They did that, they had iron'gates, they did whatever'itwas required from them and now they come back and require further `things. Some people said it was some sort of fire requirements, they don't even understand; = I!m: checking now in my office in some of the requirements what exactly 'is ;because it's very confusing. Has it changed to increase the numbers Of damands? ,,, some. of these people - some of these buildings are located' in areas that-either they increase rents to a degree that people 'cannot afford' to pay°`and this` is happening as a result of all of these requests. Are we doing this biceuse_4f 32 NoV Mayor Suarez: Item 15. Repealing chapter 19 in its entirety. Fire protection code of the City of Miami creating a new chapter 19. We - really; really appreciate the code makers having the same code section to replace`an existing one. Would have been really interesting to have done that in the. zoning case so we would at least know the number'of it, if not the contents :of it. ' OK, do we need to hear from anybody on this? Is the Commission satisfied? Yes, Commissioner Alonso. these changes that we are forced by law to make? Is it coming from Tallahassee? Is it us? What's happening and why to many in the last year and a half? Mr. Calpini: No, ma'am, it's not... to answer your first question, it's not coming from the proposal that's on the agenda today. Again, it goes back to a requirement from the state that local government apply the life safety code, which is a retroactive fire prevention code for existing buildings. And, as a result of that, the requirements for the smoke detector issue that you were talking about has changed over the last couple of years. We're departing from the single station smoke detector, which you just attach to the ceiling that has a battery and now we're going to a hard wire and I think that's what the issue is. Commissioner Alonso: Yes, but if all the changes were done at the same time, why, after you asked, for example, an owner, to change "X" number of things. Now you are coming back a year later with a long list of new requirements. Why not all at the same time? Why now you're coming again? It's like the feeling the City of Miami is coming every year with an increased amount of demands that are making their lives miserable. Is that the case? Mr. Calpini: I don't really thing so, Commissioner. You know, when the state mandated these retroactive requirements like smoke detectors and sprinkler systems which are, you know, very costly items. Commissioner Alonso: Sprinkler systems also are required also for small buildings? Mr. Calpini: No, no, no. No, I'm just... Commissioner Alonso: Just for the... Mr. Calpini: I'm using that as an example of the types of things that have caused impact, especially on the small business person or what have you. And there are time frames that are given. In other words, these must be installed, local jurisdiction must ensure that they're applied and installed in "X" buildings and types of occupancies by such and such a date. And, in an effort, over the last two or three years to ensure a smooth transition, which is difficult for the community out there. I think these are now coming to fruition in terms of the time frame which in the 90, 91, 92 time frame. Commissioner Alonso: You're asking them at different times, even though it comes from the same regulations? Is that what is happening? That's why people are receiving this year this number of requirements and the next year a number? In the last two years, it has been an enormous amount of changes, costly, by the way. Very costly. Mr. Calpini: Well, without knowing the specific issues that you're talking to, I can only talk or assume it is the transition of trying to upgrade.. The requirement to upgrade existing buildings that have been otherwise in their current condition for a number of years and with the mandate of this code, two or three years ago, or actually, it goes back further now, four years, and in trying to upgrade these buildings with the least amount of impact as possible, in a lot of cases, particularly using the sprinkler issue, for example, which is a very costly item, the owner, it's the owner's option to when he or she wants to make those changes and there has been a time frame that's been given that because it is a significant cost item. And, now, what you might be experiencing is some of those people that have made those decisions, or we've come back in and said, you know, the time is getting close and we need to do this, and now they have to get it done. Commissioner Alonso: I'm not talking about those cases. I'm asking specifically about people who had a list of requirements and they have shown me. Two years ago, they had a list of things they had to do and then one year later, another long list and I'm beginning to be very concerned. Is this going to continue to go to a degree that people will not be able to comply? And, I'm not talking about very old properties. I'm talking about fairly new I checked in some of the properties and we're talking about buildings less than 10 years old, so we're not talking about very 40, 50 year old properties. I'm very confused on this. I'd like to get with you and go over some of these items and see if we can get some sort of understanding of what is going on, 33 Nov • Chief Huddleston: We would have to look at those individuals cases that you're speaking of to be able to respond. Chief W. C. Huddleston: Yes, if there are specifics, Commissioner, we certainly can get with you and try to iron out and give you the reasons why that happened. You know telling us what you're telling us, my only assumption can be that from the time the inspectors go the first time to inspect, a period of time elapses and time frames are incorporated into a lot of the violations that occur. For instance, a fire extinguisher could then be out of date and the inspector goes and says, well, on the first inspection, these were the things that were wrong. On the second... Commissioner Alonso: Yes, but those are regular inspections. Chief Huddleston: Yes. Yes, our certificate of use renewals. Commissioner Alonso: I'm not talking about that. I'm talking about major changes. Chief Huddleston: Major things. Commissioner Alonso: Yes. Commissioner Alonso: Let's get together then. Thank you. Chief Huddleston: But, I don't think that impacts on this. This is what we're bringing for you today is something that really doesn't, I don't think, speak to those particular issues that you're concerned with. Commissioner Alonso: OK. Mayor Suarez: OK, on item 16, the ordinance. I'll entertain a motion on it. Commissioner Alonso: Fifteen, fifteen. Mayor Suarez: Fifteen, I'm sorry, thank you. Commissioner De Yurre: Do we have a motion? Mayor Suarez: Yes. Moved, Commissioner De Yurre. Commissioner De Yurre: I'll second it too, if you want. Mayor Suarez: With reservations, Commissioner Alonso seconds. Commissioner Alonso: With lots of them. Mayor Suarez: Thank you. Any discussion? If not, please read the ordinance. Call the roll. 34 November 8 - 3 MS AN ORDINANCE ENTITLED- AN ORDINANCE, WITH ATTACHMENT(S), REPEALING, IN ITS ENTIRETY, CHAPTER 19, ENTITLED "FIRE PROTECTION ", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CREATING IN PLACE THEREOF A NEW CHAPTER 19, ENTITLED "FIRE PROTECTION" TO BE ADMINISTERED BY THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT; ADOPTING THE PROVISIONS OF THE SOUTH FLORIDA FIRE PREVENTION CODE AS MAY PE AMENDED FROM TIME TO TIME AND THE ALL OF ITS TECHNICAL REFERENCES WHICH PROVIDES DEFINITIONS AND STANDARDS FOR FIRE PREVENTION AND SAFETY; SAID NEW CHAPTER CONTAINING REGULATORY MEASURES, RELATED BUT NOT LIMITED TO: PERMITS AND BUILDING PLANS; INSPECTION OF FIRE SUPPRESSION SYSTEMS, PLACES OF ASSEMBLY, OBSTRUCTIONS TO EGRESS, FLAMMABLE AND COMBUSTIBLE LIQUIDS; REGULATION OF EXPLOSIVES, DEMOLITION, FIREWORKS; PROVISION OF SPECIAL OFF -DUTY FIRE- RESCUE SERVICES; PROHIBITED ACTIVITY IN CONNECTION WITH TAMPERING OF SAID DEPARTMENT'S SEALS, LOCKS, OR WARNING TABS, AND PROHIBITED CONDUCT REGARDING FIRE ALARM REPORTS; INVESTIGATIONS BY SAID DEPARTMENT INTO FIRES DEEMED TO BE OF SUSPICIOUS NATURE AND MAINTENANCE OF RECORDS OF SAID DEPARTMENT'S ACTIVITIES; STRICT JOINT AND SEVERAL LIABILITY FOR ALL PERSONS CONTRIBUTING TO VIOLATIONS OF SAID CHAPTER OR THE SOUTH FLORIDA FIRE PREVENTION CODE OR ITS TECHNICAL REFERENCES, ENFORCEMENT, SEARCH WARRANTS, INSPECTIONS, WARRANTS, INDEPENDENT AND CUMULATIVE REMEDIES AND PENALTIES FOR VIOLATIONS OF ANY OF THE ABOVE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: NOES: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Item 17. m Commissioner De Yurre: Moved. Mayor Suarez: Moved. 1 Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Vice Mayor Dawkins: Under discussion, Mayor Suarez: Vice Mayor Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 19. ESTABLISH AND IDENTIFY GEOGRAPHICAL AREA WITHIN THE CITY AS A MONUMENT TO THE HISTORY, LANGUAGE AND CULTURE OF CUBAN PEOPLE, IN HONOR AND RECOGNITION OF THE ENRICHMENT THAT THEY HAVE GIVEN TO THE CITY OF MIAMI - TO BE CALLED "PEQUENA HABANA" (LITTLE HAVANA) - ERECT SIGNAGE AT BOUNDARIES AND ENTRANCES. 35 November 6, 1990 AYES: to..r Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez r.. RESOLUTION NO. 90 =866 Vice Mayor Dawkins: Does there need to be a public hearing on this or let's go ahead and do it? Commissioner be Yurre: This is a public hearing. Mayor Suarez: All right. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner be Yurre, who moved its adoption: A RESOLUTION ESTABLISHING AND IDENTIFYING THE GEOGRAPHICAL AREA WITHIN THE CITY OF MIAMI HAVING AS ITS NORTHERN BOUNDARY NORTHWEST 7TH STREET FROM THE MIAMI RIVER TO NORTHWEST 27TH AVENUE AND THE SOUTHERN BOUNDARY BEING SOUTHWEST 17TH STREET FROM SOUTHWEST 12TH TO 27TH AVENUE, AND SOUTHWEST 11TH STREET FROM THE METRORAIL GUIDEWAY TO SOUTHWEST 12TH AVENUE; WITH THE WESTERN BOUNDARY BEING NORTHWEST /SOUTHWEST 27TH AVENUE FROM NORTHWEST 7TH STREET TO SOUTHWEST 17TH STREET; AND THE EASTERN BOUNDARY BEING SOUTHWEST 12TH AVENUE FROM 11TH TO 17TH STREET AND THE METRORAIL GUIDEWAY FROM SOUTHWEST 11TH STREET TO ITS INTERSECTION WITH THE MIAMI RIVER AND THE MIAMI RIVER FROM THE METRORAIL GUIDEWAY TO NORTHWEST 7TH STREET AS A NEIGHBORHOOD THAT STANDS AS A MONUMENT NOW AND FOREVER TO THE HISTORY, LANGUAGE AND CULTURE OF THE CUBAN PEOPLE WITH SAID NEIGHBORHOOD TO BE HEREAFTER CALLED "PEQUENA HABANA" IN HONOR AND IN RECOGNITION OF THE ENRICHMENT THAT THE CUBAN PEOPLE HAVE GIVEN TO THE CITY OF MIAMI; FURTHER DIRECTING THAT SIGNAGE TO IDENTIFY THE NEIGHBORHOOD BE ERECTED AT ITS BOUNDARIES AND ENTRANCES TO ALLOW RESIDENTS AND VISITORS EASY ACCESS TO THE NEIGHBORHOOD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Eighteen. Commissioner De Yurre: How soon are we going to have those signs, 36 Novsmb*t $, Upon being seconded by Commissioner Dawkins, the resolution was passed and =adopted 'by the following vote: Mr. Odio: I know I had ordered Public Works to order them. I'll check and see when... Commissioner Alonso: Big ones. Commissioner De Yurre: OK, let me know later on then. Mayor Suarez: Preferably with the faces of all the Commissioners, you know, that light up and our credentials and... Mayor Suarez: OK. . L. Y. I. rwi�LJii . a.,..W�Gi.G4i:i,rrr.r�.al.ar iiii ..i ...Y. .�1Y�Yiii�....a,. ir.. . - * GY.1. Mayor Suarez: All right, item 18. -.Vice Mayor Dawkins: OK. Mayor Suarezi But not to review... Commissioner Alonso: But, in fact, we have no choice. Vice Mayor Dawkins: There he is up there. OK. Vice Mayor Dawkins: OK, and it anybody... Commissioner Alonsos Furthermore, it was approved prior Commissioner. 37 rt.a��.era.unm�r, Ana.. rucw3.+ aw. 9ia,+.. �r: mramc ,.,..u....nor+.ar:.ti.:.rc�:r •--.-- ' -- n..v�. - ' - • rem+ssm...r:,�rerr. .�rw:�m - . r�.• w. oc• caesars's�a�ue+6acra.aYSa�ry.0� 20. ALLOCATE $150,000 FOR PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES (LOBBYIST) WRING FY '0041 TO BE PERFORMED BY HOLLAND & KNIGHT, P.A., UNDER TERMS OF EXISTING CONTRACT; ALLOCATE AN ADDITIONAL $25,000 -f3'Ok . REXMBt1RSABLE EXPENSES, i.fiiias Mr. Odi'o: Holland & Knight contract for their work in Tallahassee mainly and... Mr. Jorge Fernandez: This is actually the funding of the second year of the contract that's already in place. This is just to allocate the funds, not to approve or visit the contract. Mayor Suarez: I'll entertain a motion on item 18. Vice Mayor Dawkins: I'll move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Vice Mayor Dawkins: Under discussion. Mayor Suarez: Second, Vice Mayor Dawkins. Mr. Fernandez: They can't, they have to say yes. Vice Mayor Dawkins: Then, when we do this, we automatically retaining them as our lobbyist. Mr. Fernandez: You have already retained them. They have a two -year contract with you, but when you passed this contract last year, you said that you wanted to have the opportunity to, in the second year, to allocate the funds. Mayor-Suarez: ...of the contract? I think that's what the Vice Mayor.is asking about. Vice Mayor Dawkins: All I wanted to put in the records is that Holland 'Knight did work towards my .reelection and I appreciate it, but Holland: Knight is not being voted on in that context. Holland & Knight, is. being. supported by me for the work that it did in bringing home, projects that-were essential to the City of Miami. In no way'is this any political pay I want to say it now so nobody don't have to come to my office asking me, fs this a political payoff? No, it's not. Where is he? Mr. Fernandez: And also for the record, this is exactly on the same terms conditions.... Mr. Fernandez: ...and in the 'same amount as it was last year and it .w stipulated. R Vice Mayor Dawkins: That's right. And if anybody is desirous of kncwing What they did, check with the Manager as to their track record. Mayor Suarez: Now, since we got into this discussion, let me clarify a point. Are we saying here that we're paying compensation that we're contractually bound to pay by a vote of this Commission a majority vote which I believe... Vice Mayor Dawkins: you abstained. Mayor Suarez: ...that I voted against? Or are we somehow renewing our commitment to this contract at the level of $150,000 a year? -which I object strenuously to. Mr. Fernandez: All you're doing is allocating or identifying the sources to comply with a contractual obligation that you have. Mayor Suarez: OK. So stated. I guess there's really not much choice. We have a motion and a second. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: AYES: NOES: None. RESOLUTION NO. 90 -867 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $150,000 FOR PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES. DURING FY '90 -91 TO BE PERFORMED BY THE LAW FIRM OF HOLLAND AND KNIGHT, P.A., UNDER THE TERMS OF AN EXISTING CONTRACT WITH SAID FIRM, AUTHORIZED BY RESOLUTION NO. 89 -823 ON SEPTEMBER 14, 1989; FURTHER ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $25,000 FOR REIMBURSABLE EXPENSES OF SAID FIRM AS APPROVED BY THE CITY MANAGER WITH THE ABOVE FUNDS BEING ALLOCATED FROM THE FY '90 -91 LEGISLATIVE LIAISON GENERAL 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: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor. Miller J. Dawkins Mayor Xavier L. Suarez ABSENT:.. Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: Mr. Odio: I think we can put on the record that at least, from memory, $3,000,000 that we obtained this year in grants came through the efforts of Holland & Knight. Vice Mayor Dawkins: Four. Mayor Suarez: She's saying four. - Mr. Odio: Well, I'm going... my memory of three, maybe four. Vice Mayor Dawkins: And I'd like to, since you said that, Holland & Knight - : also lobbied by make sure that next governor didn't veto it. M . Odio; That was the second part because we had it put in the allocation_;, process and then we have to protect the veto... Mayor Suarez: Walter would like me to put my vote on the record. No a ifCa ,: he interrupted before I- got to my-.vote, I was going .to lot.4hvijianase statement auffice in lieu of my vote, How's that?. Ha says, yea. you 3$ COMMENTS MADE FOLLOWING ROLL CALL, Commissioner De Yurret Oh, oh, oh... Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Commissioner Alonso: Just a minute. Commissioner Alonso: They did not have a public notice. do that. No, I vote yes with all kinds of reservations, qualifications, clarifications. Hope that in the future, we go to a more reasonable amount, good work that they do. It's my feeling we could do it for half the amount. I'll restate that. Commissioner be Turret I think we're looking at a first. I think that was the first time you ever voted for any lobbying. They may be getting to you, I don't know. Mayor Suarez: That's right. No, no, I didn't vote for it, I voted to fulfill our contractual obligation. Mayor Suarez: Thank you. Vice Mayor Dawkins: It would have made no difference, either way you won't, right? Mayor Suarez: That's right. Thank you, Vice Mayor. 21. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION OF (a) PARCEL NO. 11 -01 AND 11 -14 -02 WITHIN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA; AND (b) PARCEL NO. 05 -61 -03 WITHIN MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA - FOR DEVELOPMENT OF AFFORDABLE HOUSING (See label 49). Mayor Suarez: Item 20. Authorizing the City Manager to make an offer and execute an agreement. Acquisition of two parcels within Little Havana community development target area to be used for affordable housing. Mayor Suarez: Commissioner Alonso, questions, inquiry. I'm glad, by the way, while you're researching that, that we stopped the violation of the Sunshine Law that was going on in the back with the Herald editorial board member, and reporter, of sorts. They were in... Mayor Suarez: That's right. It's bad enough that we have a reporter, editorial board member. Commissioner Alonso: OK, I have some questions. Are we talking about item: 20, right? This is in reference to 427 S.W. 3rd Street and 4598.W; 3rd: Street. Are these two vacant lots? Mr. Herb Bailey: I don't know currently, Commissioner, whether they're vacant . or not. Commissioner Alonsot Are they located across from the Miami Inn at the Miami, River Inn? Mayor Suarez; Oh, that's what these are. Mr. Baileys I don't think so. I don't know, Commissioner. Let 39 Commissioner Alonsot Could you find out? I think that... are they? Mr, Bailey: I have a map in packet. Vice Mayor Dawkins Db you want to continue this, Commission, till later? Commissioner Alonsot Yes. Mayor Suarezt If we don't have the ready answer, we're going to have to continue it. Vice Mayor Dawkins: So move. Mr. Bailey: Yes, because I just... Mayor Suarez: Or table it. Mr. Bailey: ...we didn't know you were moving this fast. And Jeff is on his way down here. However, I can have the answer... Commissioner Alonso: OK, so we can table, we can table. Yes. Mayor Suarez: OK, table item 20. Do we need to withdraw motion and second? I guess not. 22. EXECUTE AGREEMENT WITH KEITH AND SCHNARS, PA - TO PROVIDE TRANSPORTATION PLANNING AND ENVIRONMENTAL ENGINEERING SERVICES CONCERNING APPLICATION FOR DEVELOPMENT APPROVAL FOR SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT - ALLOCATE FUNDS FROM SOUTHEAST OVERTOWN / PARK WEST BOND FUND (PROJECT NO. 113010) OF DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. Mayor Suarez: Item 21. Execute negotiated agreements with Keith & Schnars, P.A., transportation planning, environmental engineering, response to transportation related questions from the application for development approval of Southeast Overtown /Park West. Yes, Mr. Vice Mayor. Vice-Mayor Dawkins: I have -a problem with the amount, but since they say it's needed, I move it. Mayor. Suarez: OK, so moved. Do we have a second? Commissioner De Yurre : Second.- Mayor Suarez: Second. Any discussion? Commissioner Alonso, OK? Commissioner Alonso: Fine. Mayor Suarez: Call the roll. 40 The following resolution was introduced by Commissioner Dawkins, Who moved its adoption: AYES: NOES: None. RESOLUTION NO 90-868 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND KEITH AND SCHNARS, P.A. TO PROVIDE TRANSPORTATION PLANNING AND ENVIRONMENTAL ENGINEERING SERVICES IN RESPONSE TO TRANSPORTATION RELATED QUESTIONS FROM THE APPLICATION FOR DEVELOPMENT APPROVAL FOR THE SOUTHEAST OVERTOWN /PARK WEST DEVELOPMENT OF REGIONAL IMPACT FOR A TOTAL FEE OF $89,860.00 WITH FUNDS IN THAT AMOUNT BEING ALLOCATED FROM THE SOUTHEAST OVERTOWN /PARK WEST BOND FUND, PROJECT NO. 113010, OF THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. (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: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. iv advised 23. ISSUE REVOCABLE PERMIT TO NATIONAL ASSOCIATION FOR CRIME PREVENTION FOR USE OF SPACE IN MANUEL ARTIME CENTER. Mayor Suarez: Item 22, revocable permit, -: NationalAssociat1�n for Crime Prevention. National Association for Crime Prevention. Mayor Suarez: Is this the same organization? Mr. Odio: Yes, it is. Mayor Suarez: OK, are they paying fair rental value now? Mr. Odio: They are not. Commissioner De Yurre: Are they objecting to this at all? Are they here? Mr. Odio: They are not here. Commissioner De Yurre: So they have no objection? Mr. Qdio: I haven't heard. Commissioner De Yurre: And they've been aware of this? They've, be of this increase? 41 November Mr. Odio: They used to pay a dollar a year and we're suggesting they must pay $4.50 a square foot or $1,606 a year. Mayor Suarez: Why does this remind me of an association that -I keep reading about in the paper as receiving all kinds of state monies and possibly not using it for the purposes intended? Mr. Odio: That's why - you know, that's why we said we can't keep them, there . for a dollar a year. Mr. Odic: Yes. Commissioner De Yurre: And nobody has said anything about it? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. RESOLUTION. NO. 90 -869 AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL; Commissioner be Yurre: I just want to make sure there's no objections so We can moue on this. Mr. Al Armada: This is the only last tenant in the Manuel Artime Community Center that is still not approved to pay $4.50 a square foot, which is what everybody is paying now. What everybody... Commissioner Alonso: Why should they object? The price is very reasonable. Mayor Suarez: This is what everybody else is paying. Mr. Armada: Yes. Mayor Suarez: All right. Objection or not... Commissioner De Yurre: That's it, move it. Mayor Suarez: ...that's the best we're going to do, arms length. All right. We have a motion, do we? Commissioner De Yurre: I'll move it, you know, there's no objection. Mayor Suarez: Moved. Do we have a second? Will it die for lack of a second? Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE +A REVOCABLE PERMIT; IN SUBSTANTIALLY THE ATTACHED FORM, TO NATIONAL: ASSOCIATION FOR. CRIME PREVENTION, FOR THE USE OF 357 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED. AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY AN ANNUAL FEE OF $1,606.50, FOR THE USE OF THE AREA IN ACCORDANCE :WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (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 passe and adopted by the following vote: Mayor Suarez; That wasn't a very enthusiastic... Let me say, I'm: going to vote :yes, but -do we have a system now:to determine. -if you have more 'appliosnta for space over there even at the increased and presumably reasonably-Dlpi!..;. the market rental 'rates, ' than people will gat a shot -at` renting hvpr t1 e The community organizations? 42 COMMENTS MADE FOLLOWING ROLL CALL: Mr. Armada: Let me tell you What we have done in two different stages. Number one, those.individualS that were occupying space there... Mayor Suarez: We're grandfathering in the first group, all right. Mr. Armada: We've got them to get insurance, which was a big deal and now we're getting them to pay at least a portion of the maintenance cost. Mayor Suarez: What we consider to be.. OK. And that's for one year, Al? Mr. Armada: All of these are for one year, renewable on a yearly basis by the City Manager. Commissioner Alonso: I know... Mayor Suarez: OK, we... yes. Commissioner Alonso: Excuse me, Mr. Mayor. Maybe we should put on notice some of the organizations that they might be running into certain problems, that we have no intention of maintaining them in properties that the City of Miami have for reasons that I believe that this rent is extremely low. Mr. Armada: Yes, all right, I understand. Mr. Armada: Mr. Castaneda and I have spoken about the fact that we're going to be looking at a new maintenance, you know, expenses for the building and we're going to try to, you know, update these figures. Vice Mayor Dawkins: I don't think you're hearing us. We're saying that we will not rent space at that rate no more. Vice Mayor Dawkins: You don't have to try to do anything. So, that's what we're telling you, sir. Mayor Suarez: And, if we have a surplus, I_have a suggestion too that we get . recommendations from the Community Development Advisory Board as to which are the entities that are giving us the most community development: impact for our space over there. That may be an interesting way,y to get a ranking of., priorities and ; so on if we get-swamped with ::applications, : which we have been' ° °' in the past when the rent was free. All right? Have we called the roll on that, madam... Mr. Foeman: Yes. Mayor Suarez: Mr. City Clerk. OK. 24. AUTHORIZE- EXECUTION OF AGREEMENT OF PURCHASE AND SALE FOR PROPERTY :. LOCATED AT 815 -817 N.W. 2 AVENUE (Purchaser: City of Miami: Seller: Fanuele) - APPROPRIATE FUNDS FROM SOUTHEAST OVERTOWN ../:, PARK .WEST PHASE II (CIP NO. 322057) - FOR DEVELOPMENT OF SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT PROJECT. Mayor Suarez: Item 23. City Manager execute an agreement of purchase an sale, property at 815 -817 N.W. 2nd Avenue. Mr. Odio: This is a property within the historic Overtown village. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Which component is it, Herb? Second. Mr, Herb Bailey: This is Historic Village. It's next to the Lyrio Theater, Mayor Suarez; Is it right behind 3rd Avenue when you pul1 of the expreeew 43 Nov Mr. Bailey: It's on 2nd Avenue and 8th Street, oft that corner. Mayor Suarez, OK. Vice Mayor Dawkinst Behind that broken down theater. Mr. Bailey: Where we promised to clean up that corner for the Lyric Theater and Historic Village. Mayor Suarez: OK, a little bit farther tp from the theater. Mr. Bailey: Yea. Mayor Suarez: OK. My feeling, as one member of this Commission, hopefully, to have support on it is that the facade of the entrance way into that area for many, many people, is coming off the expressway heading north on 3rd Avenue there, and to the extent that we move quicker on that front portion of 3rd Avenue, that would invite people into the neighborhood and tell them that something exciting is happening there. That Overtown is changing and, you know, not leave that for last. Do you have any idea when we're going to start moving on that? That's also part of the district, as I understand it. Mr. Bailey: As soon as we get the bond sale completed we can start more property acquisition and development. Mayor Suarez: OK. Call the roll on the item. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. RESOLUTION NO. 90 -870 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, FOR THE PROPERTY LOCATED AT 815 -817 N.W. 2ND AVENUE, IN SUBSTANTIALLY THE FORM ATTACHED, AND SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI ( "PURCHASER ") AND ADRIANA FANUELE, ( "SELLER ") FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE TOTAL PURCHASE PRICE OF $91,500 WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY BEING APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT NO. 322057, 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 TRANSACTIONS WITH THE SELLER AS EARLY AS PRACTICABLE. (Here follows =body of resolution, omitted here and on file in the Office of the City Clerk.) ABSENT: Commissioner J. L. Plummer, Jr. 44 Upon being seconded by Commissioner De Yurre, the resolution was passed and_adopted by the following vote: likArtmimk smlEriccL.r...=W .=. .r..a:ir'.i.Jl.ir.c.Yac== :fix. =a. =: = ... ==Sr.. ======...a= ===.ate === 25. SUPPLEMENT RESOLUTION 90 -196 AUTHORIZING ISSUANCE OF COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, IN AGGREGATE PRINCIPAL AMOUNT OF $11,500,000 TO `INANCE: (a) REDEVELOPMENT OF PROPERTIES IN SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT AREA' AND (b) REPAYMENT OF LOAN TO CITY BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mayor Suarez: Do you want to wait on 24 then until they are here? Mr. Herb Bailey: We would like to, because the underwriter and bond counsel Will like to be here in case there are any detail questions. Mayor Suarez: Well, maybe we ought to ask the Commission, if this is approval So that the issue can take place... Mr. Baileys Yes. Mayor Suarez: ... and there is still approval of the specific components of expenditures within that, I presume. Mr. Baileys Yes, it has to come back... Mayor Suarez: I would have no problem. Are you looking at a particular window of opportunity here in terms of the interest rates? Vice Mayor Dawkins: Yes, sir. You see, this is the last... we have to go today. Mr. Odio: We have to go now, this is it. Mr. Bailey: We have to go now, or we'll lose the allocation from the State. Mayor Suarez: We have to go today? Mr. Bailey: Yes. Vice Mayor Dawkins: Because it was held up, Mr. Mayor, at the County so long, we just... we are at the eleventh hour, and if we don't do this today, we're going to miss our golden opportunity. Mayor Suarez: OK. Is there no wording? Mr. Manager, I would like this on the record that, there is no wording in what we are approving today that says that the expenditure will be in a particular way. Mr. Odio: No. Mayor Suarez: That we cannot later vary, by action of this Commission as we approve these specific expenditures? Mr. Odio: We'll come back to you when they're going to specifically spend that money. Mayor Suarez: All right. What interest rate do you expect to get? Mr. Odio: Eight point five. And that's not good, but we have to... Mayor Suarez: Non - tax exempt? Mr. Odio: Tax exempt. Mr. Bailey: Tax exempt. Mayor Suarez: And we still only get eight point five? Mr. Bailey: it's the best.., Mr. Odio: It's bad. 45 November Mayor guarez: With tax exemption? - we can't sell them for less than eight point five? Mr. Odio: At one point... on Monday, I was worrying that we couldn't even sell them: It's that bad right now, so we should take this opportunity now, today, of eight point five. I don't think you're going to do better than that. Mayor Suarez: Well, because the opportunity could work the other way too. I mean, we could have a... Mr. Odio: No. Not for... Mayor Suarez: federal reserve, reduce or discount rate, and all of sudden these things... Mr. Odio: But not from the indications we are getting, Mr. Mayor. Mayor Suarez: OK. Can... Is there a chance for a last minute adjustment? - I guess until you actually go for the sale, you don't know what the interest rate is going to be, so... maybe, with... Mr. Odio: No, it's eight point five. Mr. Bailey: There has been some pre - marketing and we have checked every possible house that we could to get it down. Mayor Suarez: But it's conceivable that it might still go down? - it might also go up. Mr. Bailey: It's conceivable. Mayor Suarez: All right. Mr. Bailey: The six point nine million, plus interest. Vice Mayor Dawkins: So, six point nine... Mr. Bailey: Yes. Vice Mayor Dawkins: So that leaves... Mr. Bailey: We have roughly two million dollars that will be used property acquisition. Mayor Suarez: Big difference between eleven and -a -half and two. Vice Mayor Dawkins: Thank you, Mr. Mayor. Vice Mayor Dawkins: OK now, of the eleven point five million dollars, how much of, it will be used for the refinancing of existing debt? Because you see, we are sitting up here saying that what we're going to do - there's just so much you can do. Vice Mayor Dawkins: OK, all right. You see, that needs to be spelled out so that we will know... Mayor Suarez: Big difference. As we tell the general public that the money . that we don't have to pay to HUD and the expenses and so on, leave us with about two million dollars ($2,000,000) net to actually use for the project. Commissioner De Yurre: What's the interest rate that's being paid now on the six point nine? Mayor Suarez: No it's HUD money that we have to pay back. Mr. Odio: It's HUD money. Mr. Bailey: It's HUD money, Mayor Suarez: What do they charge us by way of interest, or do they? Mr. Odio: Eight. Mr. Bailey: About eight percent. Commissioner De Yurre: Eight? Mr. Bailey: Yes. Commissioner De Yurre: So we're going to be paying an extra half a point? Mr. Odio: We have to. Mr. Bailey: We have to. For reasons Commissioner, is that first of all the project was always intended to be used through tax increment:financing, and as long as we have a HUD 'loan out there, we always have a risk on future community development allocations, and we don't want to have the project have any negative impact on future community development allocations. So, we want to remove that and put the financing where it should be. Mayor Suarez: Didn't we get it extended for a payment schedule of three to six years instead of the initial immediate payment requirement? Mr. Bailey: That gave us some relief for about a year and -a -half and we needed that, and it has served its purpose now. Mayor Suarez: Why not another year and -a -half, until the third year? Mr. Bailey: Under the bond documents that... the moment we sell the bonds, we have to pay that debt within ninety days. Mayor Suarez: Oh, so we are caught with our own bond requirements. OK. We have a motion and a second on this? - I think we do. Vice Mayor Dawkins: Yes, I moved it. Commissioner De Yurre: Second. Mayor Suarez: Yes, I think it was moved. Moved and seconded, Vice Mayor and Commissioner De Yurre. Call the roll. AYES: • The following resolution was introduced by Vice Mayor Dawkins, who molted its adoption: RESOLUTION NO. 90-871 A RESOLUTION INCLUDING EXHIBITS A AND B, SUPPLEMENTING RESOLUTION NO 90 -0196 OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING ISSUANCE OF COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990 IN AGGREGATE PRINCIPAL AMOUNT OF $11,500,000 TO FINANCE COST OF ACQUISITION AND IMPROVEMENT FOR REDEVELOPMENT PURPOSES OF CERTAIN PROPERTIES IN THE SOUTHEAST OVERTOWN /PARK WEST REDEVELOPMENT AREA AND TO FINANCE REPAYMENT OF A LOAN MADE TO CITY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR PAYMENT OF SUCH BONDS FROM CERTAIN REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO CITY MANAGER CERTAIN MATTERS IN CONNECTION WITH THE ISSUANCE OF BONDS INCLUDING, AUTHORITY TO APPOINT A TRUSTEE, BOND REGISTRAR, PAYING AGENT AND AUTHENTICATING AGENT AND TO AWARD AND DELIVER SAID BONDS; PROVIDING FOR CREDIT SUPPORT FOR BONDS AND COVENANTS AND AGREEMENTS FOR BENEFIT OF PROVIDER OF SUCH CREDIT SUPPORT, IF NECESSARY; PROVIDING FOR RESERVE FUND INSURANCE POLICY AND COVENANTS AND AGREEMENTS FOR BENEFIT OF PROVIDER OF SUCH INSURANCE POLICY; APPROVING FORM OF PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF FINAL OFFICIAL STATEMENT; FINDING AND DETERMINING NEED FOR NEGOTIATED SALE OF BONDS; APPROVING FORM, EXECUTION AND DELIVERY OF BOND PURCHASE AGREEMENT; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS AND PROVIDING CERTAIN OTHER DETAILS IN CONNECTION THEREWITH; AUTHORIZING CITY OFFICIALS TO TAKE ALL NECESSARY ACTIONS IN CONNECTION WITH SALE AND DELIVERY OF BONDS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. COMMENTS MADE AFTER ROLL CALL: Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: Mayor Suarez: Tell them all, that they were supposed to be here, underwriters, counsel, and bond counsel, and everybody, that they can reduce their fee, since they didn't have to even be here for the item. Item 25. Vice Mayor Dawkins: And they were not here anyway. Mayor Suarez: Why are you laughing, madam attorney for Holland & Knight with the $150,000 contract? 'We're going to reduce your to seventy -five as soon as I get two other votes here. But we do appreciate your personal touch and how hard you work. See if the Miami Herald will reflect the success we've had in Tallahassee. Hell of a lot of phone calls and visits too. Its OK, they don't cover that. mm, 48 November :8, i99O. a7 _t} i I a y r I. . s aaaaaaaaaa a. rr.a . aaa a:. a a.. a .. a.. aa. a a.... a...a. :.aa aa aaas aa aa Y. 26. ACCEPT BID: JWLES BROTHERS tNIFORMS FOR FURNISHING WORK UNIFORMS TO VARIOUS CIT? DEPARTMENTS, WITH PROVISOS THAT UNIFORMS ARE DESIGNED TO FIT MALES AS WELL AS FEMALES APPROPRIATELY- FOR GSA DEPARTMENT. Mayor Suarez: Item 25. Jules Bros. Not related to Jules Verne, by any chance? Commissioner Alonso: Uniforms. Commissioner De Yurre: I think they're distant cousins. Mayor Suarez: Non minority Miami vendor for the furnishing of work uniforms. Vice Mayor Dawkins: Do we have special cut of uniforms for females or do the females have to try to fit into the uniforms that are designed and made for males? Commissioner De Yurre: The complaints that I've heard... Mr. Ron Williams: I'm sorry? Commissioner De Yurre: The complaints that I've heard is that they're just standard uniform. Mr. Williams: That has been true in the past, Commissioner De Yurre. Mayor Suarez: In this contract is it reflected that they have to design them properly according to sex, size, et. cetera? Vice Mayor Dawkins: OK, you go back... Mr. Williams: In this particular contract, we most certainly raise that issue as a concern and the vendor is willing to provide us with those types of uniforms that... Mr. Williams: ...are available for females and let me just say this, Vice Mayor.. In most cases, a female uniform is configured different and it fits differently. We have -had the problem around here as it relates to those types uniforms that they've been standard and they have not really fit well. We most certainly make sure that a female slack, shirt, jacket,. is ordered.- And we're going to do a better job, I think, on this one in terms of insuring that they fit. Vice Mayor Dawkins: Mr. Williams. Mr. Williams: Yes. Vice Mayor Dawkins: Until you can assure me that whomever you're " to award the contract, plans to design a shirt that gives a woman a lot of room up here and a lot of room back here where I get complaints everyday. I'm not . passing this. Mr. Williams: Well, that's what... Vice Mayor Dawkins: I'm not going to pass this with no promises from the vendor that he may do this, see. The vendor has to tell me that, :forour money, he's going to make all our workers comfortable. They've been promising you this for three years. OK? So now, I defer this until you and the vendor, whomever it is, come back and tell me that they're going to design and make a uniform strictly for females that males can't fit in and the ones for the males, the females don't have to fit in them. Mr. Williams: Well, that's essentially what I'm telling you now, Vice Mayor end.., ' �".. Vice Mayor Dawkins: That's not what you told me. You say he may, Mr'; Williams, that's what you told me, sir. That's what you told me, he may. And I don't need may. I need, he will. 49 November .. I I 7 Mr. Williams: We will. We will Make sure the Vendor provides them. Vice Mayor Dawkins: No, no, until... OK, you'll have to come back and show it to me in writing where he agrees. Mr. Williams: Well, you know, let me say this, Vice Mayor. We've got a major bid here for several departments and in order to address your concern - let me finish, please... Vice Mayor Dawkins: Um hum, go ahead. Mr. Williams: In order to address your concern, OK, let me assure you that we will not order female uniforms until such time as you have looked at the specs to make sure they fit. And let me tell you why I'm proposing this. Because, as you well know, all of these uniform requirements are part of labor agreements and I would really not want to hold up those areas of the contract that we're comfortable with and that you feel all right with and then add those that you want some additional understanding as to how they're going to fit. Vice Mayor Dawkins: OK, to... Mr. Williams: Because in all of these cases - and this goes across the lines of several departments - we have labor agreements and we need to make sure the employees get the uniforms. Commissioner De Yurre: But I'm sure... let me say this... Vice Mayor Dawkins: OK, go ahead, go ahead, Mr. Mayor.... Commissioner De Yurre: ...I'm sure that the unions are understanding, especially towards the female employee, and I'm sure they wouldn't oppose this kind of movement. Bottom line... Mr. Williams: And that's what we're... Commissioner De Yurre: ...let me tell you something. Bottom line is, if this company is a big company, is what they do for a living, I'm sure that they know and I'm sure they provide female uniforms somewhere else. So, all you got to do is step forward and show... hey, why don't you call them up and bring them down here in the afternoon? Mr. Williams: Mr. De Yurre, that's what I'm telling you, they're going to do that. Commissioner De Yurre Mr. Williams: But I provide you with that going to assure him female employees will male uniform. In the afternoon, they're coming by? need... well, we don't need to bring them down. I. can detail. What I'm saying to. the Vice Mayor is that we're in whatever kind of document and format he needs that have female uniforms as compared to trying to fit into 'a .., Vice Mayor Dawkins: Mr. Williams, has... this is the company we have the present contract with? Mr.. Williams: I'm not sure. Vice Mayor Dawkins: Well, somebody ought to know. Somebody tell .you . back : there who you paying. Mr. Williams: For the Solid Waste Department, yes, this. is the same.. Vice Mayor Dawkins: That's the only one? They don't have the police, the don't provide the police uniforms? Mr. Williams: In this bid, so you'll know, is for Solid Waste, Public Works, i'arks & Recreation, GSA, and Conferences and Convention. That'e wheys bitters you. 50 Vice Mayor Dawkins: OK. Now, who's here from Mr: Cox - Ott, do the bargaining agents that you speak for, you're buying for, do they have all of the uniforms that this budgeted year allows? Mayor Suarez: I don't see Charlie here. Joe Ramirez was here, but... Commissioner Alonso: Joe was here a minute ago. Mayor Suarez: Do you want to table it? Vice Mayor Dawkins: OK. Ms. Macbeth, I can't ask you because you just got in the job, but I need to know, see, if this company has not fulfilled all of the uniforms that we ordered from her this year. Just read it off over there. Mr. Williams: Well, I just wanted to show you that... Vice Mayor Dawkins: Just read it off. Mr. Williams: ....specifications for males and females. Vice Mayor Dawkins: OK, buy they're not doing it. The ones you got now in the Sanitation Department, they're not doing it, sir. I'll go over there right now and show you all the new uniforms that they're issuing. Not a one of them is made especially for women even though we got it. And that's my argument about not signing this. It's in the specs, but we don't get it done. Now, show me the letter where he said, I'm going to add here to your specifications. Then we can sue him. Commissioner Alonso: Makes sense. Mr. Williams: Well, in the specs that I was trying to show you there, Vice Mayor, the... Vice Mayor Dawkins: waiting for Mr. Cox. You negotiated uniforms... Mr. Dave Sims: Yes. Vice Mayor Dawkins: The City of Miami is supposed to provide "X" number of uniforms a year. Has the Sanitation Department received all of the uniform allocation for this year? Mr. Sims: Yes. Vice Mayor Dawkins: They have ?; OK. Cox. OK, thank you. Mayor Suarez: OK. Vice Mayor Dawkins: Mayor Suarez: Let's Vice Mayor Dawkins: problem with it. Mayor Suarez: We can satisfied. Or else, writing... Vice Mayor Dawkins: OK, I'll pass this with the condition that before you let: - this bid, you bring back to each member of this Commission a signed letter, from the contractor, that he will develop and show= the design. Mr. Williams: We will do that, Vice Mayor Dawkins; Thank you, Mayor Suarez; All right, with that provision, proviso, and condition, we have a motion. Commissioner De , Yurre; Second. Mr. Sims, come to the mike, please, sir, while I'm Vice Mayor. OK, no problem. OK, go ahead. Well, I can't vote for this. table the item. As long as you've got three votes, I don't have any table the item for a little while and maybe you can pass it with a condition that they be, in fact, 5l I need to know from Mr. Mayor Suarez: Seconded Any discussion? If not, please call the roll. The following resolution Was introduced by Commissioner Dawkins, who moved its adoption: and AYES: NOES: ABSENT: Upon being seconded by Commissioner De Yurre, the resolution was passed adopted by the following vote: Mayor Suarez: As to the vendor, by the way, Ron, where is that vendor from?' It says, Miami. Where in Miami? Mr. Williams: The specific address, Mr. Mayor, 8460 Biscayne Boulevard. 27. REJECT ALL BIDS FOR REPLACEMENT OF AIR CONDITIONING SYSTEM AT FIRE STATION NO. 7. Mayor Suarez: OK, item 26. Commissioner De Yurre: Just for the record, Mr. Mayor, it's 10 :31 in the morning, and we're on item 26. Mayor Suarez: Mr. Odio: Mayor Suarez: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. RESOLUTION NO. 90 -872 Commissioner J. L. Plummer, Jr. A RESOLUTION CONDITIONALLY ACCEPTING THE BID OF JULES BROTHERS UNIFORMS FOR THE FURNISHING OF WORK UNIFORMS TO VARIOUS CITY DEPARTMENTS ON AN AS NEEDED BASIS FOR A PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE -YEAR PERIOD AT THE PRICES STIPULATED ON BOND NO. 8 -90 -129 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; ALLOCATING FUNDS THEREFOR FROM THE VARIOUS CITY DEPARTMENTS FY '90 -91 OPERATING BUDGETS AS NEEDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AS NEEDED AND ALSO THEREAFTER AUTHORIZING THE CITY MANAGER TO EXTEND THIS CONTRACT ANNUALLY, SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER REQUIRING THAT PRIOR TO ISSUANCE OF ANY PURCHASE ORDERS SAID FIRM SHALL AGREE TO SUPPLY UNIFORMS TO PROPERLY FIT BOTH FEMALE AND MALE EMPLOYEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Non minority Miami vendor.,. .accepting a bid. ...replacing air conditioning system in Fire Station No. 7. Commissioner Alonso; Twenty -six? Mayor Suarez: Yes, Commissioner Alonso. Commissioner Alonso: I think I liked if Mr. Isidro Borja is here, I think should hear from this gentleman on this item, 52 Nov gat x Mr. Isidro Borja: Mayor Suaret, Commissioners, my name is Isidro forja, I am general manager of Weathertrol Maintenance Corporation and we have our offides at 7828 14.W. 56th Street. Due to a problem with bureaucracy, not being able to have a written protest issued to you on time to have this heard on our behalf, we were told that we could not bring about the problems we have against your awarding this bid. All I can tell you, if I can talk about it, I will, but if not... Commissioner Alonso: I'd like to hear about this. Mayor Suaret: Yes, we're not... Mr. Odiot I tell you what I'd like to do. I'd like to withdraw this item. We have a right to process this protest and then come... Mayor Suarez: Do we have the right to...? Mr. Odio: No... Mayor Suarez: To do what? Mr. Odio: I'd like to hear... if they have a problem... Mayor Suarez: No, no, I understand. Mr. Odic: ...that I was not aware of or... Mayor Suarez: Are you able to then hear their protest administratively and make a recommendation? Mr. Jorge Fernandez: Only if it's timely. If not, then he's forgone. Mayor Suarez: What if we throw out all the bids? Mr. Fernandez: Well, that's ultimately an option you have that you... Mayor Suarez: But we can't do it based simply on the fact that his is not, his protest is not timely. We can do it based on the fact that... Mr. Fernandez: You must do it on something else, correct. Mayor Suarez: Such as? Mr. Fernandez: You must have, from the administration, proper. Mr. Williams: I think it's described, Mr. Mayor, as it should be a good business purpose. Mr. Fernandez: Correct. Mayor Suarez: So, if, by any chance, we suspect that this particular bidder, or anyone else will come in lower, we could maybe throw out the bids and try again. Mr. Fernandez: That may not be a proper basis for it. You must be advised... Mayor Suarez: That's not a good business purpose? Mr. Fernandez: No, there must be some other rationale behind that. Commissioner Alonso: Well, to me, it's good business sense to save money. Mayor Suarez: It sounds to me like it's good business sense to save money if we anticipate that the bid came in a little high. How much was it that was estimated? Mr. Williams: This particular bidder bid fourteen nine, We're recommending award at seventeen two. Mayor Suarez: Right, but did we have an estimate of how much it would cost? Mr. Williams: We didn't do an :engineering estimate on this - CMG, Mr. Nam. 53 tilaire Mayor Suarez: OK, so we do have it on the record that this particular bidder is able to do it for leas. I suppose that evidence was accepted in the record, rightly or wrongly. Mr. Williams: Excuse me, Mr. Mayor, he is not able to do it for less because- he did not bid the proper specifications or given that he bid the low bid, we would be recommending. Mayor Suarez: OR, why don't you guys administratively hear that protest. It may be that we're not able to formally consider the protest and make a' recommendation to this Commission as to what should be done. But, at least, we'll give them a hearing administratively. Are we doing anything? Mr. Williams: I believe we did. Mr. City Attorney, are we doing anything improper by doing it Mayor Suarez: that way? Mr. Fernandez: Yes, you are, sir. This gentleman stands here without standing, like we would call it. It has not timely filed the process that it's prescribed for him in the Code to file if he has a bid protest. Mayor Suarez: Has the Manager who makes the ultimate recommendation to us, satisfied himself that everything here was proper and that we should proceed to award the bid or can he tell us that there may be good business purpose at this point? Mr. Odio: Well, I have a problem. I cannot recommend something I'm not aware of. And I'm not going to recommend this bid if I'm not aware of what the protest is and I have not heard up to now that there was one. And, if we have a problem, I would rather throw them all out if we have a reason and start all over. Mayor Suarez: Can we throw them out, Mr. City Attorney? Mr. Fernandez: If you have a valid business reason other than. Mayor Suarez: Well, hell, you already told us that. I just need to know, can we, or can we not? Mr. Fernandez: Yes, you can. Mayor Suarez: Thank you. I'll entertain a motion on the rejection of all bids and reopening. Commissioner Alonso: Yes, I so move. Vice Mayor Dawkins: Second. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner moved its adoption: RESOLUTION NO. 90 -873 A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY IN CONNECTION WITH THE REPLACEMENT OF THE AIR- CONDITIONING SYSTEM AT FIRE STATION NO. 7, BID NO. 89- 90-167; FURTHER DIRECTING THE CITY MANAGER TO SEEK NEW BIDS FROM SUCH NEW SOURCES, BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE PROCUREMENT OF SAID SUPPLIES, AND TO BRING BACK SAID SOURCES AND SPECIFICATIONS TO THE CITY COMMISSION FOR REVIEW AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Off ice of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution and adopted by the following vote; 54 Alonso, who was NOES: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L.- Suarez ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Now... Mr. Isidro: Thank you. Vice Mayor Dawkins: Mr. Mayor, Mayor .Suarez: I was just going to say, let this be a signal or warning to all of you that we are looking to go that extra mile for the minority vendor and, you know, we're not saying to bend the rules in any way, but walk the extra mile. 28. (A) (Continued Discussion) RECONSIDER PREVIOUSLY PASSED RESOLUTION RELATING TO SUNSTREET FESTIVAL AND PARADE (See label 1.11). (B) INSTRUCT CITY MANAGER TO ATTEMPT TO USE AUXILIARY POLICE OFFICERS AND SELF - PROVIDED SECURITY RATHER THAN SWORN POLICE OFFICERS CONCERNING THE SUNSTREET FESTIVAL AND PARADE. (C) WAIVE RENTAL FEE FOR PORTABLE STAGE, BARRICADES, EQUIPMENT AND SUPPLIES IN CONNECTION WITH SUNSTREET FESTIVAL AND PARADE. (D) GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE SUNSTREET .FESTIVAL AND PARADE - AUTHORIZE ESTABLISHMENT. OF PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.. - AUTHORIZE SALE OF BEER AND WINE (See label 11). Vice Mayor Dawkins: Mr. Mayor, Mrs. Silva would like to revisit CA -1 move. I. don't know... Mayor. Suarez: Move to reconsider CA -15. Commissioner Alonso: Which one? Mayor Suarez: He wants to reconsider one of the-consent agenda items. Commissioner Alonso: .CA -15? Mayor Suarez: Yes. Vice Mayor Dawkins: Sunstreet Festival. Mayor Suarez: "Necesitamos un" second, just to reconsider. Commissioner Alonso: Oh, yes, I. so move. Mayor Suarez: Thank you, seconded on reconsideration. Call the roll. The following motion was introduced by Commissioner Dawkins,. :whoi ° move its adoption: MOTION NO. 90 -874 A MOTION TO RECONSIDER PREVIOUSLY PASSED RESOLUTION NO. 90 -858 RELATING TO THE SUNSTREET FESTIVAL'. AND PARADE TO BE DECEMBER 1, 1990 WHICH HAD PROVIDED FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, ESTABLISHING A PEDESTRIAN MALL, AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE, AND ESTABLISHING AN AREA PROHIBITED TO RETA.IL PEDDLERS. 55 AYES: NOES: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J. L. Plummer, Jr. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: Mayor Suarez: ...CA -15 was... Vice Mayor Dawkins: Where is Essie? Was.. we passed whatever was in there for the Sunstreet Festival, but now Mrs. Silva would like to - I don't know, see, we waived the... I mean, we closed the streets. And we permitted them-to sell beer." Mr. Odio: Yes, we allowed them to close the street, authorizing a one day permit to sell beer and wine and establishing an area prohibited to retail peddlers in connection with the Sunstreet Festival. Vice Mayor Dawkins: We did that so I don't know. Mr. Odio: You did pass that. Mayor Suarez: OK. Vice Mayor Dawkins: We passed - go ahead, Mrs. Silva. Mrs. Essie Silva: Essie Silva, 3951 N.W. 188th Street, dealing with a nonprofit organization with all volunteers. We are trying to pull together black merchants and we're trying to get people to trade- in their -own community. We're having some real problems with getting support for the black merchants because they have no money at all, and now we know you have been very good to us and we appreciate it a great deal. I know what problems you're having at this time. However, there are some things that we cannot get the County or our big people. I can get a beer company to get me entertainment, but they will not pay for cleanup and police. Now, we do have some other problems. But the main one, if you'll help me this year maybe have a year to 'think about how could we keep .ourselves out of that same problem. If you notice, we just so appreciate having this and the ripple effect of having had Sunstreet in has been great. If you notice, we've: all talked about those things that we did not do, but because we were there and talked about them and made it look as if it was safe. For an example, in the' seven years, we've never had a disturbance when we needed to use police. They . were there, and they were part of the scene and they helped us in the image and the whole thing. And all I need is an in -kind. I don't ask you questions, but you usually ask me where I'm going to get from, but please ; consider giving us it. We're having it one day this time, bringing it`downso it will be less expensive, and I may say that it's going to really be °great because many of your corporations are putting money into it, remarkable. We've dug up some real good ones, the banks with us, and Ryder and all of :.-: them. I could just name a lot of them. It juste so happens that we can't pit the money in services. And that my hands are tied. Well, maybe we could think of some way of raising the money for next year. - Mayor Suarez: Have we figured out a way to at least begin controlling "iii kind requirements to adjust to the reality of how many? - seven years you mentioned, right Essie? Mrs. Silva: This is the 8th. Mayor - Suarez: The 8th year now of no incidents, no problems - ,'' - and maybe reducing the manpower that is required out there? Mr. Frank Castaneda: Well, we always work with the Police Departsien ensure'that the lowest costs are provided to the operators. Mayor Suarez: In this particular case, do you agree with her statistics t .there's not been -a single w - has -there been no single arrests in seven'yeara1 Mr. Castaneda: Commissioner, I cannot answer that question. I would have to look into the files. I would take her word for it, but I cannot... Mayor Suarez: Lieutenant, do you have any estimates? I mean, if we have, year after year after year, we can depend more and more on internal security provided by the organization in question, with arm bands and so on, and they do have them. Mrs. Silva: Yes. Lt. Joseph Longueira: Sir, that's not the only issue. When you give them street closures, we have to assure the safety on those street Closures and detours. It's not just, you know, problems that the event. A lot of it has to do with Street closures. Mayor Suarez: I mean, I don't want to disagree with you, I'm not an expert, but it seems to me that a street closure typically is accomplished by having the barricades put in place at the beginning of the parade and taken off at the end of the parade and, you know, you see a lot of officers around the general vicinity of the street closure, but... I went to one in Opa -locka and they had almost all auxiliaries and public service aides and there were very few full uniformed police officers. Have you discussed with them the use of auxiliaries, or public service aides, or people that cost a heck of a lot less? Do you even use auxiliaries? - police auxiliaries? Mrs. Silva: Well, no, what we are going to use them only in conjunction with yours because they don't want to work separately. Mayor Suarez: We have a whole unit of police auxiliaries. Joe, any reason, Lieutenant, any reason why they couldn't be used for this kind of a festival? What are our guidelines for use of auxiliaries? Lieutenant Joseph Longueira: They are used in conjunction with other police officers. Mayor Suarez: Right, but I mean... Lt. Longueira: They have to be with other officers. Lt. Longueira: The auxiliaries don't really get paid, you know, they are... Mayor Suarez: So "I thought they were volunteers. Lt. Longueira: Right. Lt, Longueira: They have had training. Commissioner Alonso: It makes sense, yes. Mayor Suarez: Would it surprise you if Sunstreet didn't have any of them? Are they a lot more expensive, or is that just an idea of mine? Mayor Suarez: And you see them at the Orange Bowl when you have an event there, you see them at those kind of events, why can't we have them for festivals where they particularly need people? or they're just not volunteering for those? What if we asked them to volunteer? Lt. Longueira: If they will volunteer, we might be able to do it. If they will volunteer. Mayor Suarez: Those are totally and entirely free? They are dressed as police officers? - I don't... I think that some of them, the ones that have had training are able to have weapons in their... Mayor Suarez: And you save a lot of money. See if we can build in a mix of auxiliaries, your own security people with armbands and well trained;: should be able to reduce the cost. Some other Commissioner has any other suggestion? You want a resolution of principle to try to reduce the need for full fledged police officers in favor of auxiliaries and self patrol, self--provided. security? - you want to do that? 51 *IMAM'S. 8. "� Mayor Suarez: All right, so moved. Commissioner De Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: MOTION NO. 90 -875 A MOTION IN PRINCIPLE INSTRUCTING THE CITY MANAGER TO MAKE EVERY ATTEMPT TO REDUCE THE NEED FOR FULL FLEDGED CITY OF MIAMI POLICE OFFICERS IN FAVOR OF AUXILIARY POLICE OFFICERS AND SELF - PROVIDED SECURITY IN CONNECTION WITH THE SUNSTREET FESTIVAL AND PARADE. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: Mr. Fernandez: Point of order, Mr. Mayor. Is this motion just on the resolution in principle, or on the item again that you have on the table, because you reconsidered? Mayor Suarez: Resolution in principle. Mr. Fernandez: Alone? Mayor Suarez: Right. Instruction to the Manager to try to accomplish that to the best of his abilities, and within his discretion. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Any other item that we can reduce by reducing the cost ends, rather than having to provide revenues, which we are pledged not to. Solid Waste - you don't do your own pick up obviously, right? - our City does that, right? Mrs. Essie de Silva: Correct. Mayor Suarez: This kind of event, we've never gone to the waiver, plus security fund system, because it is just too huge, so you'd have your own solid waste pick up. We do that in parks and smaller events. Any others? - are they being provided the stage, and any other, the barricades and so on at no cost? I'll entertain a motion to provide any and all of those supplies that we have there anyhow, and that presumably, will not wear out from the use of this, including barricades, staging, whatever, at no cost to them. Commissioner Alonso: Yes. Do we charge them now? Mayor Suarez; While they figure out if we are charging or not, why don't . we ,. just tell them, not to charge? Mr. Kevin Smith: I believe they have requested the use of the portable stage, and that... not the labor. Mayor Suarez: Right, I'm not talking about the labor associated with them, I'm just talking about the equipment that presumably will not wear out from this one use, Vice Mayor Dawkins: Second. 58 Novombe s Mayor Suarezt Moved and seconded. Commissioner Alonso moved, the Vice Mayor seconded. Call the roll. The following resolution was introduced by Commiseionel Alonso, who mowed its adoptions AYES: Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Alonso:. Second. RESOLUTION NO. 90 -876 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PARKS AND RECREATION TO WAIVE THE RENTAL FEE FOR THE PORTABLE STAGE AND ANY OTHER RELATED CITY EQUIPMENT FOR THE SUNSTREET FESTIVAL TO BE CONDUCTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC. ON DECEMBER 1, 1990. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins Commissioner Miriam Alonso Mayor Xavier L. Suarez Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mrs. Silva: Thank you very much. Mayor Suarez: We've reduced it to manageable amounts, we hope. Mrs. Silva: OK, and we expect you there. Mayor Suarez: We shall be. Mr. Odio: You need to pass the item now. Mayor Suarez: OK, as to the street closures and the other non revenue items. 59 Novembe Mayor Suarez: Second.- They used the term revenue neutral. I don't - knoww - ='' . if... call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: And Essie, if you have any other corporate sponsors that need to have a little bit extra push, and pull and influencing, cajoling, et cetera, let us know. Mrs. Silva: We'll work with some of them. We'll see if we can work it out with them. Mayor Suarez: All right, ma'am. Mrs. Silva: OK. Thank you. Mayor Suarez: Thank you. 29. BRIEF COMMENTS AND PRESENTATION OF JAPANESE FLAG AND PLAQUE BY REPRESENTATIVES FROM SISTER CITY KAGOSHIMA. Vice Mayor Dawkins: Mr. Mayor, I went to Japan... Mayor Suarez: Oh, yes. RESOLUTION NO. 90 -877 A RESOLUTION RELATED TO THE SUNSTREET FESTIVAL AND PARADE TO BE CONDUCTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC. TO BE HELD DECEMBER 1, 1990; 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; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED 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 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.) Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Vice Mayor Dawkins: ... for the Sister City program. We successfully . inaugurated the Sister City program between Kagoshima and the City of Miami.. I am presenting the City with the official documents here, and we also have the flag which says, the City of Miami, and the flag of Kagoshima. I also : present this to the City of Miami, and we have an official gift that I couldn't bring, it was too large, they are mailing that to us. Mayor Suarez: The City in the south coast of Japan, and very similar to MIAMI in many, -many ways will help to assure continued ties, economic, tourist and 60 November e, t9+ a Vice Mayor Dawkinst Oh, yes. otherwise, and academic, and media too, they are very interested in media contacts between the two respective regions, and Downtown Development Authority worked awfully hard, and pushed a heck of a lot of boxes in that first trip we took, and I at sure they did it again in this latest trip to result in the formalization of this relationship. The Proclamation, or the covenant, very nicely done. Probably, i would guess, and I shouldn't gay it I suppose, but it probably was at their expense. Mayor Suarez: As most other things, they really went all out and spent a lot more money than we did on our end. The City of Miami in the State of Florida, the United States of America, and the Kagoshima and Kagoshima prefecture, Japan, showing a common orientation to the sea, shall endeavor to deepen in friendship and mutual understanding between the two cities through educational, cultural, industrial, and economic exchanges. And holding the firm belief that it will promote international goodwill between America and Japan, and that it will make a contribution toward to the peace and prosperity of the world, do hereby pledge to cooperate with each other as sister cities on this the 1st day of November in the year of 1990. And it will be adequately displayed, and remembered, and worked on by all of us in the City of Miami. And I had to... Commissioner Alonso is now going to read the Japanese version of it. Commissioner Alonso: No, I asked you to do it. Mayor Suarez: At her request. OK. Thank you, and congratulations Mr. Vice Mayor, for establishing and formalizing that. NOTE FOR THE RECORD: At this point, Agenda item 27 was withdrawn, but later considered. See label 31) 30. ACCEPT BID: CHEM- TRAINER INDUSTRIES - FOR FURNISHING 600 HEAVY DUTY PLASTIC BARRELS TO DEPARTMENT OF SOLID WASTE - ALLOCATE FUNDS. Mayor Suarez: Item 28, accepting the bid of Chem- Trainer Industries. Six hundred heavy duty... Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Vice Mayor Dawkins:. You recommend it, Mr. Manager? Mr. Odio: Yes, sir. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 61 NOVOlaber The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO, 90 -878 A RESOLUTION ACCEPTING THE BID OF CHEM- TRAINER INDUSTRIES FOR FURNISHING 600 HEAVY DUTY PLASTIC BARRELS TO THE DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED COST NOT TO EXCEED $18,150.00; ALLOCATING FUNDS THEREFOR FROM THE OPERATING BUDGET ACCOUNT NO, 320302 -722; 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 Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez - NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. 31. REJECT ALL BIDS RECEIVED IN CONNECTION WITH PROPOSED FURNISHING OF AIR CONDITIONING MAINTENANCE SERVICES FOR THE DON HICKMAN ADMINISTRATION BUILDING - DIRECT CITY MANAGER TO READVERTISE CONCISELY FOR BIDS. Mayor Suarez: Item 29. Mr. Odio: Mr. Mayor, may I? Mayor Suarez: Yes. Mr. Odio: I. think I made a mistake, twenty -seven "A " "B" are tied, but not to . twenty -six, so you could consider them. "A" and "B" are tied to each other, not to twenty -six, I'm sorry. Commissioner De Yurre:. Is this part of the sixty item limit that we have? B, C, .. D. Mayor Suarez; What's your recommendation on.twenty -six? Mr. Odio: I recommend that, "A ", and‘I recommend "B ", I'm sorry. Mayor Suarez:. Twenty -seven now, we are talking about then? Mr. Odio: Twenty -seven "A." Mayor Suarez: Twenty -seven "A," you do recommend? . Mr. Odio: Yes. Mayor Suarez: All right. . Vice Mayor Dawkins: Move it, Mayor Suarez; Moved. Do we have a second on twenty-seven? Commissioner Alonso; Yee. 02 November Mr Odio: No. As you notice, we only have... well, we only have forty -nine items today, sir. Vide Mayor Dawkins: rtes. Mr. Fernandez: Twenty -seven "A" and twenty- seven "B" the reason they are numbered like that is because they are the same item, but you Must take them in the sequence. Twenty -seven "A" you're rejecting the protest On twenty - seven "B." Twenty -seven "B" is the award that you would be making if you in fact, reject the protest. Vice Mayor Dawkins: Mr. Fernandez: • Correctly, an firm. Mr. Isidro Borja general manager contractor doing the legal here, legalities, but misled sometimes Nothing says they couldn't be Mayor Suarez: This one is one in which there was time. a formal protest filed on d apparently by the same gentleman and the same should not get confused between twenty -six and Mayor Suarez: Oh, OK. So we twenty -seven then. All right, sir. Mr. Fernandez: Exactly. Other than in twenty -seven he was timely by the... and he must have known the project in twenty -six - obviously, he was not. Mayor Suarez: Let's see how he fares on a timely protest versus an untimely one, where he fared pretty well. Go ahead, sir. Give us your name and... . Mr. Mayor, Commissioners, my name is Isidro Borja, I am of Weathertrol Maintenance Corporation, a mechanical business in the City of Miami. Just to start, let me tell that since we've done this properly, we know all the you should look into your departments and see how we are into not'being able to fulfill those... Mayor Suarez: Yes. And not only you should not be mislead, if that's the case, or isn't the case, and I'm going to assume that they didn't mislead you, but they should help you, they should work with you, if you have a protest to make sure that it is effective and that it's properly filed. Mr. Borja: Thank you, sir. We are like I said, mechanical contractors that have been established In Miami since 1969 and we have done business with the City of Miami since 1972 throughout many years, or constantly. We are a minority contractor, - and+ we have clients that range from big buildings in downtown Miami to the air - conditioning installations of the nuclear plant of Florida. Power and Light at Turkey - Point. So we want to let'you know thet•'•we are very responsible on the business that we conduct. I am here-to-,address bid 8990161 which is the maintenance contract of a Don Hickman Administration Building. We are going to request that throw out :all bids on this .item for the following :reasons. - Number one, bid documents are not clearand misleading; number two, there is a specific :request on the bid of.,.being authorized factory service branch of'the Carr:ier.Corporation, . which does not leave room for .any - other bidder. but. the Carrier Corporation'-.i-tself : that we consider discriminatory .in this type.of bid. And number three; we believe: that. administration arbitrarily has recommended the fourth apparent low bidder in detriment of the taxpayers money. I'd like to address... Mayor Suarez: You're saying that your bid would have =been lower.= Mr. Borja: Our bid is lower, but we are asking to throw all out, because it's a confusing item, it's a confusing... we are not asking you to award us the bid. Mayor Suarez: But you said that in detriment to the taxpayers, meaning your bid was economically lower? : .. Mr. Borja: Yes. The City has chosen to pick up the forth bidder when there are three responsive bidders ahead of them that even if we are not awarded, there are two More that are very capable -and very responaible particular type of work. If I may, I will just take five minutetioVyoui. time, To address the first, bid documents which. are not clear and misleading I have two set of bid documents here, one for the-City of `Miami', Pori f Ck Building, one for the City of Miami Police Department &tationw ° M d. if: yet sea.;one..versus the other; you see_: the': difference • -of -how one Ia very w. 4on 03 $e! and how the other one is very washy done. In other words, the City of Miami establishes for the same type of services, some very clear specifications in one bid, and very simple and washy specifications on the other. Not only that, but they, on establishing the bidder, they request that the bidder hae to be a Carrier representative, a Carrier branch office of the Carrier company. There is only one company in this area, or in the State of Florida, for that matter, that complies that, which is the same Carrier company. At the same time, and the same bid specifications, they come back and talk about bidders requirements which does not relate to the Carrier. So in that.same specifications they are giving you one thing to do, yet, they are giving you another thing to do by establishing business specifications. Mayor Suarez: Both of them refer to seven annual inspections. Mr. Borja: Right. It's where you determine what kind of services you're going to give, and What equipment you're going to cover. And I'll address that issue at the end. Mayor Suarez: I presume the City Police Department one, Ron, is for a larger more complex system? - is that a ?... Mr. Borja: It's exactly the same system with a. Mayor Suarez: Wait, wait, wait, you're not Ron. Mr. Borja: I'm sorry. Mr. Ron Williams: That is true, Mr. Mayor, it's a much larger system, and I will get into clarifying for you some of the concerns that this gentleman has raised. Mayor Suarez: No, because I didn't ask about that. Is it a bigger system? Is the amount of the bid a lot higher for the police than for the Hickman Building? Mr. Williams: Yes, it is. Mayor Suarez: How much higher? Mr. Williams: We don't have that package before you on this date, but... Mayor Suarez: Does anybody know? Mr. Williams: ... as I recall, it's probably more like thirty plus thousand as compared to the one we are recommending here, is at twenty -two thousand. Mayor Suarez: Well you know, I have to say that from the number of pages, it is unusual. One. is eight pages, the other one is one page. _Fairly similar number of .regular : inspections and otherwise,, fairly similar although., one system is more complex and presumably,larger,.three to._two,_in terms: of the amounts involved, roughly ,.thirty.- some..thousand or twenty -some thousand,.and' yet, one has an eight -page spec, and the other one has _ a one Tpaget specification. Mr. Borja: Not only that Mayor, but also, if you see the bid tabulation, when Y, you specify an alternate, you must, in the other bids of. every single government agency, and we have been in this business. for twenty years, when you request.an alternate, you. write on your bid sheet at the end, whatever alternate you want, if you wanted something different. Mayor Suarez: Alternate what? Mr. Borja: For example, if you say that you want to have a... Mayor Suarez: An alternate what? - an alternate,., Mr. Borja: To the base bid. The way the specs are done, you specify a base bid, and if you want something added to that, you say, well we also want, you . to give us an alternate on this type of thing, or please, put this as an alternate. And then, in your bid page it reflects that you have to do that. If you read your specs, they refer to some moduline boxes, however, when you go to the bid spec, they don't call for anything. And on the bid specs it' that just... 44 N1cx.a • Mayor Suarez: By the way, in this kind of a bid, and I don't know Where the Manager has gone off to. Mr, Odio: I'm here. Mayor Suarez: Thank you. In this kind of a bid, Mr. Manager, you know this Commission is having to decide bids, and bid protest in the twenty thousand dollar ($20,000) range, that means that, as far as I am concerned, you have be aware and knowledgeable of bids in the twenty something thousand dollar range until you and the City Attorney can get together and come up with a better system. All right? Why would there be an alternate bid on a simple twenty some thousand dollar air- conditioning, maintenance requirement, by the City? Mr. Williams: Excuse me, let me clear that. Mayor Suarez: If there is ever a case that calls for one simple, straightforward, clear bid, you bid on it, lowest price gets it, it would be a twenty thousand, twenty -three thousand dollar bid on air - conditioning maintenance. Why would there be an alternate bid on that? Mr. Williams: Because of the condition of our system there, Mr. Mayor. Let me explain something to you. This gentleman is very correct, he has been doing the maintenance for us at this facility for a long time, and it's interesting that he never had any problem as long he was getting the business. We looked at his work over the year, and even though it's not particularly germane to his concern, his work has been completely unsatisfactory, and completely unacceptable to us. But let me raise the point of his concern about the bid specs which he is detailing to you this morning. All of... NOTE FOR THE RECORD: At this point, Commissioner Plummer entered the meeting at 10:58 a.m. Commissioner Alonso: And the agenda as well. Mayor Suarez: We are just explaining to Commissioner Plummer that while he was away, we eliminated the fifth position of Commissioner, we were going to function with four, henceforth... Commissioner De Yurre: For the record Mr. Mayor, it's 10:58 a.m. and we are on item 27, let's see how long it takes to get the rest out of the way by noon time. Now that Commissioner Plummer is here... Commissioner Plummer: Thank you, Mr. Mayor, the gringo took advantage of arriving on Latin standard time, and as I have always said in the past,' .I apologize but my customers do. make appointments. And unfortunately, my brother was out of town,.only because of the fact, I normally don't let him go when we have a Commission meeting, but we changed the meeting and he the trip scheduled, so that was the reason why I had to go to office this morning. I do apologize, and... Mayor Suarez: The planning, and code enforcement, and City attorney's office, and :everybody understand that when he says his clients don't make appointments, that doesn't mean that you go out there now and prepare. - legislation for us that tries to cure that in anyway, that's justrtbe happenstance of life. Commissioner Plummer: So be it. Mayor Suarez: We get a lot of legislation that we didn't ask for around, here from those departments. Yes. Vice Mayor Dawkins; We are on twenty - seven, 3.L. Commissioner Plummer: OK, thank you. Mr. Williams: If I may finish Mr. Mayor. Mayor Suarez: I was hoping for a Very simple answer. Why would it require an alternate bid to a twenty some thousand dollar contract? Why not a simple, straight forward bid? Commissioner Plummer; This is twenty -seven regular? Commissioner Aloneo: Twenty- sevens yes. Mr. Williams: Because of the condition of the air - conditioning system, Mr., Mayor. Mayor Suarez: Which is what? It's bad, it's falling apart, it's good, it's what? What do you mean the condition? Mr. Williams:' It's in bad condition partly because this gentleman has been doing the maintenance on it. Mayor Suarez: Ah ha. OK. I guess he wants to answer that. Mr. Borja: Yes, sure. Mayor Suarez: That certainly was a lot simpler than whatever it is you were telling us that was taking forever. Go ahead, sir. Mr. Borja: Mr. Mayor, I resent every... the accusations of Mr... Mayor Suarez: No, obviously, you don't agree. Go ahead. Mr. Borja: I mean this is totally unacceptable. As late as June 1990, the City has been doing business with us. Since 1974, in the City of Miami Police Station, through 1986 and from 1984, through 1990, doing business with us in Don Hickman. We have been extended- the contract every year, it's to the option of the City. The City personnel have decided every year, that we would doing a terrific job. We did everything in our power to do that job, and we were very successful. This gentleman here comes with... just been here, and he doesn't even know what he is talking about the air- conditioning, because - he... the two systems are very much alike except for the capacity, and I have here... Mayor Suarez: What is the difference in capacities as long as we are in that? Mr. Borja: The difference is tonnage Mr. Mayor, it is the same type o system... - Mayor Suarez: How much difference? -_ Mayor Suarez: I know that, but what is the difference? Mr. Borja: It's about a hundred tons difference. One is. 185 tons, and the other one is about 100 tons, more or less. So it's irrelevant the complication of the system is the same thing. Mayor Suarez: If one is 185 and the other one is 100? Mr. Borja: More or less. - Mayor Suarez: That's almost two to -one. Mr, Borja: Yes. The point we are trying to make here, that's why,.ws aake you to throw out the bids, is that this bid, the way. it was - ,'done' wa� irregular. They didn't do the proper specifications, they ,awarded forth bidder in line, they only.,. Mayor Suarez: OK, let's clarify that. Mr. Manager, he is sayIag.tba forth bidder is recommended, meaning number one, number two, -and number . three • who presumably were cheaper, were all, rejected, Now that's unusual. Mr. Williams: Let me ow-Ain that, Mr. Mayor, and I want to give'..you - • exact numbers, so that you rill .know. • Mayor Suarez; I want a yes, or a no, if you are. able, tQ .g ve, P .-t true ' that the ones that -came in lowest, ,second - lowest ..and hifd all excluded in favor of the forth lowest, that is the highest., : 6* Mr. Williams: The answer is yes. Mayor Suarez: Doesn't that create doubt in your mind that maybe we are doing something wrong here? Mr. Williams: No, Mr. Mayor, absolutely not. We are doing everything right for a Change, I would add. Mr. Odio: There is question of non- responsiveness. Mr. Williams: Sure. Mr. Odio: And if we feel that the other three bidders were not responsive, then we must award it to the one we felt that is responsive, so that we.... Mayor Suarez: Three out of the top four, in fact, the top three were non- responsive? Mr. Williams: Mr. Mayor, let me explain it to you, please? The three .. bidders above the one that we are recommending to you did not meet the specifications to bring back the system to where it needs to be, and I think you probably heard from some of the employees, the concerns about the air - conditioning system in that facility. We are finally bringing to you a proposal, and a recommendation that we think, in the best interest of the City, will put a good contractor in there, will solve these problems that we have suffered through the last few years, partly because of inadequate . maintenance, and also, age of the system. And we are recommending to you, in our best professional judgement, the contractor with the work that they are proposing to do that as we have done to you in the past. Mayor Suarez: Who is the contractor that does this particular building that we are in right now? Mr. Williams: This gentleman. Mr. Borja: No, we are not. Mayor Suarez: How come he doesn't agree with that? - I don't get it. Mr. Borja: We were cancelled two months ago. Mr. Williams: This gentleman has been the contractor for the last ten Mayor Suarez: Who is the contractor doing this building now as we speak? Mr. Williams: He is the contractor of record, Mr. Mayor, we are recommending that he be changed. Commissioner Alonso: Mr. Williams,. are we - changing the system,_ or not ? because now ..I am confused. Mr. Williams: Let me explain to you. We are scheduling additional work: on the tower portion of the system, meaning, the portion that aids in the cooling. We are not changing the system completely. Commissioner Alonso: What parts are we changing? Mr. Williams: We are changing the water tower, which is -a part of the system where water flows over the coils to cool this system. That part we are but that's not part of this project. What we are asking : youto : approve is the ongoing air - conditioning maintenance at this facility, and we think that the contractor we are recommending to you will be a substantial improvement above what we have there, and will substantially lessen the air - conditioning problems that has affected those employees there. Commissioner A].onso; So this is maintenance? Mr. Williams: This is maintenance. Commissioner Alonso: And this gentleman has been giving us the servicee'for how long? Mr. William: Yes. Mr. Williams: We said, you shall provide. Commissioner Plummer: Shall means mandatory? Mr. Williams: Yes. Mr, Borja; This is.,. exactly, Mr, Williams: Almost ten years, I believe. Commissioner Plummer: Excuse me, since I'm going to have to ask a question that maybe has been asked already, but I've got to understand. Why are you recommending against this firm? Was he the low bidder? Commissioner Plummer: OK. And as you know our terminology, I assume you are taking exception to the fact of where we say lowest, and most responsible, Mr. Williams: Yes, and let me... Commissioner Plummer: Is that your contention is, to award it to someone else? Mr. Williams: Let me explain a little more detail, Commissioner. This gentleman is low on the basic maintenance. He chose not to bid on the options that we think are relevant and important to get this system in shape. So therefore, yes, he is low and just to show you how low he is, the bid starts off five thousand for him and the next low bid is eleven thousand, thirteen thousand, fifteen thousand, nineteen thousand. Commissioner Plummer: And what did you consider the options to be worth? Mr.' Williams: We considered the options to be an additional seven thousand, or a bid of twenty -two thousand above who we think is the lowest responsible bidder, which means this gentleman... Commissioner Plummer: Were the options an accessory to the bid, or were they included, and you must? Commissioner Plummer: OK. So then Mr. Borja, why, if you understood that, why did not bid as to the accessory items as he has explained to me, shall means, you shall, or you shall not, and you chose not to, why? Mr. Borja: OK. This is what... you were not here at the beginning Mr. Plummer... Commissioner Plummer: That's why I'm asking questions, and I apologize. Mr. Borja: The specifications that they put out are totally confusing. OK? We've been doing this business... this gentleman is making an issue that's totally wrong. The only... Mayor Suarez: Sir, sir. The answer to the question I think, as we've been hearing this now for half hour is, and correct me if I'm wrong, that you understood that you didn't have to bid on the options, that you could bid only on the basic. Is that correct? Mr. Borja: We've bid on the instructions from the maintenance departmentl'when we called to clarify; and based on the specs that you have in f ront•of Mayor Suarez: Did you understand that you didn't have to bid on the options? Mr. Borja: It doesn't... because on the page of the bid, it's not there. Mayor Suarez: Is that what you understood? Mr, Borja: That's right. Mayor Suarez; That's,., see, that's enough for me to throw out all the and tell them to go out and specify what they want, no option.,, Mayor Stiaret: ... and let everybody bid on the twenty some thousand dollar contract clearly, so that everybody will be on a level playing field. Mr. Borja: That's are exactly what we are requesting from you. Mayor Suarez: All right, the Commissioner may have wanted to know why you didn't bid on the options. You thought you didn't have to, maybe. Vice Mayor Dawkins: You know, Mr. Mayor, I think we've been on this thirty- five Minutes, you know, and either we are, or we not. Now, I am totally dissatisfied with the total air - conditioning unit in the jail, Ok? I told Mr. Williams he should get a brand new one to start with, and we've been... Mr. Williams: This is the administration building, Mr. Vice Mayor. Vice Mayor Dawkins: Which administration? Mr. Williams: Don Hickman administration. Commissioner Plummer: What about the jail? Vice Mayor Dawkins: Nothing, it didn't come up yet. Commissioner Plummer: Oh, you didn't say the jail? Vice Mayor Dawkins: Yes, I'm saying it, and I am dissatisfied with this one too. Commissioner Plummer: Or, OK. Vice Mayor Dawkins: And we keep spending money, you know, and we keep patching outdated air - conditioning units. Mr. Williams: Mr. Vice Mayor, if I may, just by point of explanation. We are not really doing anything here, but asking you to award the annual maintenance contract. We... Commissioner Plummer: Wait a minute, that's all he bid on. Vice Mayor Dawkins: But what are the options? What are the option then? Commissioner Alonso: That's what he Mr. Williams: He did not bid any of the options. Vice Mayor Dawkins: But if you only want to maintain it why have we got to have options? Mr. Williams: Additional service, sir. Commissioner Alonso: Like what? Mayor Suarez: Why don't you put that in a bid? Mr. Williams: Specifically it relates to... Vice Mayor Dawkins: Read the bid Mr. Williams, that you have - that you' out, because I'm like everybody else, I'm more confused now than I was when we :. started. Mr. Williams: You want me to read the bid specs? Vice Mayor Dawkins: Yes, sir. Commissioner Plummer: I can't believe you all got to item twentrw- seven; Mayor Suarez: That's what we are trying to tell you, we're going real well. Vice Mayor Dawkins; Without you, were doing pretty - good.. • a... Commissioner Plummer: Obviously if you are on item twenty - seven, you didn't do them very well. Vice Mayor Dawkins: Including the consent. Mayor Suarez: And sixteen consents. Commissioner Alonso: And went back twice to the consent agenda. Vice Mayor Dawkins: That's right. That was eighteen consent agenda items. Mr. Williams: Let me say as I find this, Mr. Vice Mayor, our bid process is Vice Mayor Dawkins: That's OK, that's all right. I'll go with the majority up here. Whatever the majority does is fine with me. Mr. Williams: The bid documents were clear. Commissioner Plummer: Well I'll tell you what I am going to do Mr. Williams. Mr. Williams: OK. Commissioner Plummer: I hope it doesn't hurt you, but I'm going to do like the voters in this City. When I don't understand something, I am going to vote, negative, and I'll make a motion to throw out the bids and rebid it in clear and concise order. Commissioner Alonso: Second the motion. Mayor Suarez: No options please, on the bids. Moved and second. Any discussion? If not, please call the roll. Mr. Williams: Well Mr. Mayor, Mr. Mayor, I... Vice Mayor Dawkins: Hold it now, hold it, hold it. No options Mr. Williams, but what you need, put it in the bid. Mayor Suarez: Exactamundo. Mr. Williams: Well, that's what we did last time, Mr. Vice Mayor. Vice Mayor Dawkins: OK. Just do it again. Mayor Suarez: Doesn't sound like it. Mr. Williams: And I would also ask you to advise this gentleman if he doesn't understand something, to ask us before he submits his bid. Mayor Suarez: That's his business. Vice Mayor Dawkins: I don't have no... that's-his business, he runs . his ..' business, I don't tell him how to run his business, sir. Commissioner Plummer: We'll furnish you as a translator. Mayor Suarez: So far, in thirty-five minutes, not -only has he-not understood: the specs, we haven't understood the specs, you know, maybe, we don't know enough about the business. Mr. Williams: Well we work at it awfully hard, Mr. Mayor. Vice Mayor Dawkins: OK. Call the roll. Mayor Suarez: Just make them as simple possible, and no optione. We have these huge thirty million dollar bids with alternatives and options, you can understand it in those cases, I suppose, but in these cases, just make it :. simple. Vice Mayor Dawkins: You know, 1 have to agree with_ the :Mayor. ids gQt -_ twenty thousand dollar bid with options, then you come up here with =a 4iie hundred and eighty million, i mean a nine- hundred and eighty - thousand 1, 1414 - '4 1 #4 . , 70 NOV you pass it as an emergency, and you already paid somebody, and I've got to pay them. Mayor Suarez: Call the roll on the motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90 -879 A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY IN CONNECTION WITH THE FURNISHING OF ANNUAL MAINTENANCE AND REPAIRS FOR THE AIR- CONDITIONING SYSTEM AT THE DON HICKMAN ADMINISTRATION BUILDING, BID NO. 89 -90 -1611; FURTHER DIRECTING THE CITY MANAGER TO SEEK NEW BIDS FROM SUCH NEW SOURCES, BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE PROCUREMENT OF SAID SERVICES, AND TO BRING BACK SAID SOURCES AND SPECIFICATIONS TO THE CITY COMMISSION FOR REVIEW AND APPROVAL. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Dawkins: So therefore, we don't have to do 27 -B, right Mr. City Attorney ? Mayor Suarez: Is 27 -B taken care of? Mr. Fernandez: By taking this vote, you have both acted on 27 there is no need for you to look at "B" separately. Mayor Suarez: I think that means, yes. Thank you. Mr. .Borj a:- Thank you. 32. AUTHORIZE REPLACEMENT OF LOST GENERAL OBLIGATION BONDS (Sidney Edelstein & Evelyn Ager - $25,000.) Mayor Suarez: Item 29. Mr. Fernandez: Is there a vote on 28? Mr. 0dio: They did vote on that. Mr. Walter Foeman: Yes, Mayor Suarez: The Manager tell us we are... 91 It A" #o ►er and Mayor Suarez: This ie authorizing a replacement of certain General Obligation Bonds to June lit of '93 in'the principal amount of twenty -five thOUeeed +� substitute lost bonds. kW ILIM:I Commissioner Alonso: Mover Mayor Suarez: Moved. Commissioner Plummer: I'll second it, but what does that mean? who lost them? Mayor Suarez: Yes, and Vice Mayor was asking the Same thing. What do you mean, we just lost the bond? Mr. Carlos Garcia: The bond holders, the bond owners lost the bond, so they gave us an affidavit indicating the bonds are lost, and they also gave us an insurance policy, so we can replace the bonds. Mayor Suarez: But why do we have to pay twenty -five thousand dollars ($25,000) for their... Mr. Garcia: We don't have to pay them twenty -five thousand dollars ($25,000), those are the regular twenty -five thousand dollars ($25,000) the City was bound to pay, because we issued the bonds some time ago. Commissioner Plummer: Are you saying that the ones that are lost, total twenty -five thousand? Mr. Garcia: A single bond was for twenty -five thousand dollars, yes sir. Commissioner Plummer: And how many bonds have been lost? - one, two, five? Mr. Garcia: In this particular... Mayor Suarez: Oh, you mean the bond holder lost it, and you need a special resolution... Mr. Odio: Yes. Commissioner Plummer: He lost his certificate. Mayor Suarez: ... because he lost it to... Mr. Garcia: Yes, right. We need to replace and give them a new bond. Mayor Suarez: Presumably, you have decided that he was in fact the bond holder, that we are not being hoodwinked and defrauded, and you just want us to approve it, because somehow the charter requires it, if he doesn't have it as the bond holder. Mr. Fernandez: Correct, and all the securities have been met. Not only by affidavit, but by policy insurance. Mayor Suarez: OK. Commissioner Plummer: That's one bond holder we are talking: about ? Mr. Garcia: Yes, sir. That's right. - Commissioner Plummer: OK. And what is his name? Mr. Odic: Sidney Edelstein, and Evelyn Ager. Mr. Garcia :. We have them all the time, yes, ma'am, Commissioner Plummer: Who? Mr, Odio: Sidney Edelstein, and Evelyn Ager. Mayor Suarez; OK. I'll entertain a motion. Commissioner Plummer: We already have it and a second. Mayor Suarez; Thank you. Cali the roll, 72 The following resolution was introduced by Commissioner Alonso, who moved its adoption: AYES: A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA GENERAL OBLIGATION BONDS, DUE JUNE 1, 1993, IN THE PRINCIPAL AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO SUBSTITUTE LOST BONDS. (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: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: RESOLUTION NO. 90 - 880 Mayor Suarez: You know, what the resolution should have read instead of what's on there, is authorizing payment of a bond where a bond holder has lost the bond, but we have evidence that he is in fact the bond holder. Mr. Garcia:. We are not going to pay the bonds right now, we are going to give him a new bond, so when the bond matures, then he will be able to cash that in. Mayor Suarez: All right. Replacement of a bond holder... of a bond for someone who has lost, something simpler than that, it sounds like something totally... Commissioner Plummer: Excuse me, is there a cost factor involved, in that? Mr. Garcia: They pay for that. Commissioner Plummer: They are paying for any involvement of replacement? Mr. Garcia: Certainly. Commissioner. Plummer:. OK. 33. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION APPROVING DEPARTMENT OF OFF- STREET PARKING'S ANNUAL BUDGET FOR FY ENDING SEPTEMBER $0, (See label 40). Mayor Suarez; Item 30, Approving and adopting the annual budget of the." Department of Off- Street Parking for five - sixths of the fiscal year. Commissioner Plummer: Mr. Mayor, as I recall on this particular item, we had, asked that Mr. Mulvena come back, and I think you were the one who asked,.to give us some definite figures on what the parking:.meters themselves . actually bring in. We heard numbers of all sorts prior, and I think that's one of. the things that I want to hear, is what you actually are taking in, in revenue. from the meters. Mayor Suarez: I think we got into questions, yea, the revenues: and WI: couldn't get any simple answers, 73 Commissioner Plummer* No we got many answers. Mayor Suarez: Straight forward, simple answers. Mr. Jack Mulvena: I think we have the answers for you now. Might now the straight forward answer Commissioner, is that we take in annually in gross income from the meters, two million dollars ($2,000,000). Commissioner Plummer: 0K. Mayor Suarez: From all the meters throughout the City. Mr. Mulvena: Throughout the City, yea. Mayor. Suarez: Two million dollars ($2,000,000). Commissioner Plummer: So then your total budget is how much? Mr. Mulvena: Our total budget is approximately six million four hundred thousand dollars ($6,400,000), sir. Commissioner Plummer: So that means that... is it to understand that four point four come in from the garages? Mr. Mulvena: Yes. Commissioner Plummer: That's your only two sources of income? Mr. Mulvena: Oh, no. I'll tell you. If you use on the six point four, that's the operating expenses, I'm sorry J.L. We take in approximately ten million dollars ($10,000,000) on gross revenue. That includes garages, surface lots, and meters. Commissioner Plummer: So then if you get two million from meters, that means that you get approximately eight million from the garages? Mr. Mulvena: From our garages and surface lots, and contracts, that's everything right there. Commissioner Plummer: OK. But that's your only sources of income? Mr. Mulvena: For the department. We also manage your facilities, which are separate items altogether. Commissioner Plummer: OK. But management, or... Mr. Mulvena: Yes, you got it. Commissioner Plummer: OK. Of. that monies, how much of -your monies in your total revenue is interest? Mr. Mulvena: Approximately two million dollars ($2,000,000) is our interest . cost for this year. Commissioner Plummer: Not your interest cost. What interest do you get as'. far as part of your total... . Mayor Suarez: Revenues, on the revenue side. Commissioner Plummer: .,. revenue? Mr. Mulvena: Oh, I see, yes. It's approximately four hundred thousand that we are budgeted for this year. Commissioner Plummer: Four hundred thousand in interest? Mr. Mulvena: Right, Commissioner Plummer: OK, Go ahead, sir. Mr,. Mulvena: Oh, OK. Basically, you know, if by way of the overall look,,,We.: really take in for the City sixteen million dollars ($10,000000).' You need 74 $Qvo*bo to know that six million of those are related to your three facilities like surface lots that we manage for the City. budget which you have before you, if we want to look basically, we bring in ten million dollars ($10,000,000) in Mayor Suarez: On the things that you manage for the City that I know the garage at Bayside is one of them, right? Mr. Mulvena: Yes. garages, end other Our portion of the at gross numbers, gross income... since you mention Mayor Suarez: How are we doing on that? Are you making money? Mr. Mulvena: Well, as a matter of fact, we are. This is the first year that we should, not only meet debt service, but project profit which generally is shared with the City. I think the way the contract reads, it's a fifty -fifty split with the City getting the first eighty thousand. Mayor Suarez: OK now, we just had a fiscal year. Mr. Mulvena: Right, we did. Mayor Suarez: It ended September 30th, I'm glad we agree on that. Mr. Mulvena: Yes. Mayor Suarez: Presumably, you're just closing the books on that fiscal year? Mr. Mulvena: We are. This year we're closing it. Mayor Suarez: So we may expect our check for fifty percent of the difference between what you've made, and what you've spent on that garage? Mr. Mulvena: No, I think... Mayor Suarez: And what check... how much is that going to be? - Cuanto? Mr. Mulvena: No, even though we haven't closed out the books, the early . numbers indicate at this point, as of the end of this fiscal year, that's a break even - after you've paid that service. Mayor Suarez: That's break even. Exactly break even. Mr. Mulvena: Exactly. Mayor' Suarez: We didn't even get a check for a dollar - just right in there? Mr. Mulvena: A couple bucks, maybe. Mayor Suarez: Not even to help one of these festivals, or something. All right. Next year you expect to do real well in that garage? Mr. Mulvena: Yes, as a matter of fact, the new director over there, Raul Tercel already is being influential in taking the garage which was operating at about three hundred thousand below debt service, and between us working : this past year, we've increased it about three hundred thousand, and we project another two hundred thousand this coming year. Mayor Suarez: .So we may expect a check for a hundred thousand, just operation of that? Mr. Mulvena: Well actually, the first eighty thousand is yours, then start splitting fifty - fifty. Mayor Suarez: Oh, it's even better. Mr. Mulvena: Oh yes. Commissioner Mummer: Well, the nicest thing about that parking garage fact that we can't lose, Any deficit has to be picked :up by Rouse. Mr. Mulvena; Yes, that's true, 75 Ifirnel on the' • Mayor Suarez: OK, that's nice. I didn't know that on the down side. Commissioner Plummer: Now, I want to get to the one other, the one that 1 am always.,. l don't even want to use the terminology that 1 would like to, the one on let Street, and number 5, that's what I'm told. Mr. Mulvena: Right. Commissioner Plummer: The one... how much subsidiary are you requiring this year? It's down from a million dollars ($1,000,000) subsidy to how much this year? Mr. Mulvena: 1 think it's in the neighborhood of about seven fifty. Commissioner Plummer: Seven hundred and fifty thousand dollars ($750,000)? Mr. Mulvena: Right. Commissioner Plummer: Mr. Manager, we told you last year to sell the damn thing, to get rid of it. Mr. Odio: There are no buyers. Mr. Mulvena: It is hard to sell, J.L. Commissioner Plummer: You're saying to me that you advertised... Mr. Odio: I'm saying to you that I have tried. Commissioner Plummer: Did you advertise? Mr. Odio: To sell it to the public? - no, that's not what you told me. Commissioner Plummer: I told you to get rid of it. You know, I can't stand this. Mr. Odio: No, no. No sir, you told me to deal with Off- Street Parking and Commissioner Plummer: I told you if they could, to deal with them them to buy it. Mr. Odio: And they said, no. Mr. Mulvena: But you know, J.L... Commissioner Plummer: They said, no? Mr. Odio: They cannot. Mr. Mulvena: Legally, we cannot pick up the interest the City has that. Commissioner Plummer: I didn't say that sir. Mr. Mulvena: But, I'll tell you what... Commissioner Plummer: I said for you to buy it. Mr. Mulvena; Oh no, we can't. Well we can't buy a deficit garage, and: end taking all of our facilities and pushing them down into a, perhaps even at the default situation, if we incurred a.... Commissioner Plummer: How much are the bonds? - bow much,is the debt sere ce ::. 'on that place? Mr. Mulvena: Gee, I don't know, you have to total the bonds, Mr. Odio: I have to get it.,. we'll refinance it and save.., Commissioner Plummer; Would we be better off closing the doare? 76 Mri Odiot Mo. Vice Mayor bawkinst Why not? - you've still got to pay for it. Mr. Mulvenat You still have to pay for it, yea. Commissioner Plummert I am sick and tired of paying almost... you know, it's been a Million dollars ($1,000,000) a year. Mr. Odio: Igo, it was more than that. Commissioner Plummer; And you keep telling me that this last year that it was what, eighty percent occupied? Mr. Mulvena: Approximately eighty to eighty -five percent, right, yes. As a matter of fact, we are also... Commissioner Plummer: And what you are saying is, even if it was one hundred percent occupied, I can't break even? Mr. Mulvena: Unless you raise the rates. You know, you have your own employees in there. Commissioner Plummer: What are the rates? - oh, we've got our own employees in there. Mr. Odio: Then it's going from pocket to the other one. Mr. Mulvena: Yes. It's a major user is your own employees, because you service the City Administration Building across the street. You could break even by raising the rates and opening it up to the public. Nov ambe Commissioner Plummer: What is the rate per half hour there? Mr. Mulvena: One dollars ($1.00) per half hour. Commissioner Plummer: That's the rates that's anywhere else downtown. Mr. Mulvena: But you don't get a lot of transient use there. Your major user of that facility are the monthly: City employees, or other employees, J.L. The only way you .could break even J.L., is if you ask for a monthly in the neighborhood of about seventy -five dollars ($75.00) to eighty, and the market won't bear it. Commissioner Plummer: What is it now? Mr. Mulvena: Right now, it's fifty -five. Fifty -five to sixty depending on the...: whether :it's a bulk customer, or not.. You're a bulk customer, so you . pay fifty -five. Commissioner Plummer: We'are a bulk payer also. Mr.,• Mulvena: Yes, .you are.. Commissioner Plummer; I - can't vote on; it. Mr.:,Mulvena: .Yes. Commissioner Plummer: I cannot continue to sit here, year after year, and,. subsidize that damn garage Mr. Odio: That's not what you are voting on. Mr. Mulvena; Yes, J.L., this isn't part of our budget however, that's you . know, part of- your... . Commissioner Plummer: Hey, .you're charging me a maintenance fee, ar . management fee, aren't you? Mr. Mulvena: Oh, it's minimal. Cowniasioner Plummer: Yes, minimal, 77 Mr. Mulvena: Yes, important. Commissioner Alonso: We will need the parking. Commissioner Plummer: Howithany spaces in:that-garage?' Commissioner Plummer: We told you to deal with them first. 78' Mr. Mulvena: It is, yea. Commissioner Plummer: You told me that was minimal... Vide Mayor Dawkins : What item are we on? Mr. Mulvenat This is the... item 30. Mr. Odio t It's not to do with this parking garage, it's got to do with the budget of the Off-Street Parking Authority. M. Mulvena: Yes. Commissioner Plummer: And that's part of their budget. Mayor Suarez: Why hasn't that been put on the auction block, that buildihg/ why hasn't it been.sold? .;• as we have been suggesting for three years." Commissioner Plummer: I thought we were talking about that last year. Mayor Suarez: No, I think it's more than that J.L. Mr. Mulvena: Actually, yes... Mr. Odio: We were never instructed to sell that parking garage. Commissioner Plummer: No, you were... M. Odio: We were told to negotiate with the Off-Street Parking Authority to switch it over to them, and they refused. Commissioner Plummer: And what happened? Mr. Odio: They-plainly refused because they cannot legal... Commissioner Plummer: PIA' we-were never notified of that, Mr. Manager.-: Commissioner De Yurre: You know, one thing we have to... J.L., one thing we have to keep in mind is that, you know, we still haven't decided what we're going to do with the administration building... Commissioner De Yurre: and if per chance the result is'putting it - there, then you know, you need that garage-to.helpelleviate... Commissioner De Yurre: ... if that is where we are to go, so that's totally up in the air. Mr. Mulvena: Twelve hundred. J.L., I will add, however, that Cesar did instruct me to, you know, see what the market place is like out there, and we do go to national conferences and interface with people who do buy garages, 'Y and develop. Mayor Suarez: I could of sworn that the instructions to the.City were in fact, to look to sell that building. Now what-... Mr. Odio: I wouldn't swear to that, Mr. Mayor. Mr. Mulvena: Yes.., two level, yes. Mayor Suarez; That was my impression. Anyhow, 1 don't oonsider"the'sgenorto be separate from the City, to me, they are part of the same general operation of assets on behalf.,. • • '.., • '. ., • .• , Mayor Suarez! No, they are love that. All right, what is losing us seven hundred somebody think that they can Mr. Mulvena: That's true. Mr, Odio: That's right, • Mr. Mulvenat They are. Commissioner Alonsot Aren't they? Commissioner Plummer: You'll never convince them of that. Mayor Suarez: I know, that's an on going battle. Commissioner Alonsot I got the impression that they very separate. Mr. Mulvena: No, I'll tell you what has happened, because this position is on going. This is about the second year we've been... each time we go to the national conference, going around the developers saying, this is what we have, these are our brochures, are you interested, and we just have not gotten a taker, and primarily because it's isolated there, it only services the City administration building. There is however, this year, and it's just... I can't gauge the interest, there is an interest coming out of New York, and Chicago that would like to at least sit down and talk further, and you know, We will follow up on that as well, but it's just... there aren't a lot of people standing in line to buy that particular garage. Now, there might some of your others, or some of ours. Commissioner Plummer: Well why don't we lump them? Mr. Mulvena: Say that again? Commissioner Plummer: Why don't.we lump them and get rid of them? Mr. Mulvena: Well then you might... now that's a difference, that's a horse of a different color. Commissioner Plummer: Well but how many color horses are we going to have before we stop paying seven hundred and fifty thousand dollars ($750,000) a y ear... Commissioner Plummer: .., to subsidize a pink elephant. Mr. Mulvena: Yes. Generally, if you match a break even garage with one that's not, then I think it looks more attractive to somebody to potentially buy. Mayor Suarez: Which of the three are ours? - all three? Mr. Mulvena: Yes. As a matter of fact, garage four, five, and six, the three most recently completed, the.: City owns. Garage four, is under the Centrust Tower; garage five, is by the City administration building, and garage six, is adjacent toBayside Marketplace. So... and they are... Commissioner Plummer: This was for Ferrets... a well oiled machine as the Miami Herald says, I did you find about the market of a building that and fifty thousand dollars ($750,000) a year? - make that building profitable? Mayor :Suarez:, Thought he could make all kinds of money? Commissioner Plummer: No, the problem here is, this is when Ferre,. and : Mitchell Wolfson got into one hell of a war. Ferre wanted some retail and a daycare center downstairs, and Wolfson told,him- there: was: -no, way that.-that thing could make money, and he wouldn't build it with the Off- Street...Farking Authority. 79 Nov bev at Commissioner Plummer: And he happens to be, you know, God rest his soul, like my father, the deader he is the smarter he was, that there was no way you make it. So he said, if you want that garage Mr.. Mayor, you build it, and I'll run it for you. And here we are, Are you saying... how many garages do we own that manage? Mr. Muirrena: All three of your garages - four, fide, and six Commissioner Plummer: That didn't tell me anything. Ys that like eight, nine, and ten? Mr. Mulvena: 0K. The garage under the Centrust Tower... Commissioner Plummer: Ties. Mr. Mulvena... the garage... Commissioner Plummer: Does that one make money? Mr. Mulvena: It breaks even, or makes money depending... it's now generating some income, right now Commissioner Plummer: All right. The second one? Mr. Mulvena: The second one is your garage five, which is adjacent to the City's administration building. That's your major concern, that's the one that's not making money. Commissioner Plummer: All right, where is six? Mr. Mulvena: Six, is the Bayside garage adjacent to the Marketplace. Commissioner Plummer: Are we in a position where we could sell the one at Bayside? Mayor Suarez: That's tied in to the Rouse agreement. Mr. Mulvena: That's tied into the Rouse Company. You'd have to talk to your partner at the Rouse Company. Mr. Odio: You could sell it if Rouse agrees, or if Rouse would agree to purchase. Commissioner Alonso: I think they would. Mayor Suarez: That's the least of our problems, because that one possibly... Mr. Mulvena: It's going to generate a profit. Mayor Suarez: ... will make money. Like you say, the first buyer will be ._ Rouse itself. Commissioner Plummer : - Yes, but what you've got to do, you've'got to tie all three together, where a guy would say, hey, I'll buy them, I'll take the two with the make money, and the one that doesn't. Mr. Mulvena: That has some merit. Commissioner Plummer: And then possibly in the private sector, they turn `.,'. around and make money out of it, where we can't. Mr. Mulvena: Yes. I must admit as we national conferences, that was a comeback resource, they also included some of our garages, but not... Vice Mayor Dawkins: Are we saying to the Manager, sell the garages, :and he sells the one that is making money, and we still get stuck with the'__ one. - :tat: does not make money? - what do we gain? Commissioner Plummer: Nothing. Vice Mayor Dawkins; Well, I just want to know. Commissioner Plummer: That's not what we are saying though. Vice Mayor Dawkins; What are we saying? 89 fished at these you know, major. suggestion, If-you' matchr;some. own resources, which are'.,older Commissioner Plummer: What we are saying is, id that if it takes to sell all three of them to get us out from under, the one that's killing us... Mayor Suarez: Would you go ahead and put that in a form of a motion, that the Manager and Off - Street parking Authority should look... Vice Mayor Dawkins: I can't vote... Mayor Suarez: Wait, wait, let me... Vice Mayor Dawkins: Wait a minute, no, no. I can't vote for that because I don't... no businessman is going to buy anything that's losing money. Mayor Suarez: I haven't told you the motion yet. Commissioner Plummer: Well, yes, if you package them, they might. Mayor Suarez: Yes, that's going to be the point. Commissioner Plummer: You know, Mr... Mayor Suarez: In the way that packages them... wait a minute. In the way that packages them such that, the one that loses money must be part of the package, in addition to at least one other one, or maybe all three, and get back to us with a report as to whether that is doable. Commissioner Plummer: Mr. Mayor, my only motion that I would make... Mayor Suarez: Yes. Commissioner Plummer: ... is to instruct the Manager to get rid of it any way humanly possible. That's seven hundred and... Mr. Mulvena: Yes, but that goes with the sale, you know. Vice Mayor Dawkins: OK. One more point and I'll be ready to vote. Mr. City Attorney. Mr. Fernandez: Yes, sir. Vice Mayor Dawkins: J.L. Plummer says, get rid of it any way you can, OK? Commissioner Plummer: Right. Vice Mayor Dawkins: Isn't there some legal constraints that we cannot just give this away, that you've got certain obligations, and this was built with public funds, and there are certain legal things you have to do before you could get rid of it? Commissioner Plummer: Oh, excuse me, Mr. Vice Mayor. Under no circumstances am I trying to circumvent any legalities that are existing, if in fact, whatever they are, that would have to be part of the consideration. •.I ::would never, ever sit up here and say, disregard any obligations, or legalities, but I am sure that there must be some way that this City can get out from under the burden of seven hundred and fifty thousand dollars ($750,000) subsidy Vice Mayor Dawkins: OK. All I am saying J.L. is, that we make sure that we say this to the Manager... Commissioner Plummer: Of course. Vice Mayor Dawkins; ... so that we will not come back and beat the Manager over the head next time, telling him, we told you to get rid of.it.. Commissioner Plummer: I still reserve the right to beat the Manager over thei. bead. Mr. Odio; I'll hit you back. Commissioner Kummer; Now let me ask one other question. How m uch revenue did that take in total? 01 Nov a er • Mayor Suarez: Horses and elephants. Mr. 0dio: Thirteen Mr. Mulvena: You know... Mr. Odio: So we cut the deficit in half. Mr. Mulvena: And so the... Commissioner Alonso: What kind of a service is that? Mr. Mulvena: Well, it's one pocket to ::the other.: 82 Vide Mayor Dawkins: That's why we got through 2?, because he wasn't here. Mr. Mulvena: Which one are you referring to? Commissioner Plummer: The pink elephant. Mr. Muivena: See, I only have my budget here, but... Commissioner Plummer: We ought to give it to Metrorail. Vice Mayor Dawkins: Yes, we've only covered two items peen here. Commissioner Plummer: That's right, but you're doing thy:: A41 this time. Commissioner Alonso: White and pink, they go together. Mr. Mulvena: Approximately eight hundred thousand dollars ($800,000) it brought in. Commissioner Plummer: OK, eight hundred thousand. I made a suggestion to you once before and I'm going to reinstitute that suggestion. I don't know what the obligation is on that, but one of the biggest problems that we have in this City... Commissioner Plummer: What? That's the obligation. OK, I don't know what the annual obligation is. OK. My contention is, and one of the biggest problems we have. is that we don't have auto pound space, for which is charged ' ten dollars a day. You've got twelve hundred spaces, if you were to fill, which I think you'd fill up overnight, with all of the towed automobiles, at ten dollars a day, you would bring in approximately four million dollars ($4,000,000) a year into that facility. Commissioner Plummer: You're shaking your head, what does that mean? - -.you have Alzheimers? Mr. Mulvena: No, I am shaking my head because just... as a, reminder,. -you knew, we-already have leased the ramp and the top deck to the City for that purpose, and they are saving a portion of, that figure you said already in their budget. In other words, the top floor and the down ramp:.are-.all secured. Commissioner Plummer: So why isn't the entire garage being done that way?- Mr. Mulvena: Well because now we do have the..,. where we are' cutting:off where the cars -are coming up, it's about utilized, so we have a',half a floor to a floor that's empty. Commissioner Plummer: Are you not charging ten dollars ($10.00):,a:: -day storage? Mr. Mulvena: No, we -do this as a service to the City. Commissioner Plummer: Service hell -to the City. It'ivseven hundred thousand dollars ($750,000) service. - Commissioner Plummer: I'd hate to tell you what kind of service that Is. Commissioner Plummer: What do you mean, one pocket to the other? Mr. Mulvena: Cesar, do you want to rephrase that? Mr. Odio: If we didn't park there, we would have to pay somebody, we would have cover double... we are having to pay parking for the employees. Commissionerllummers Since when? Mr. Odio: Since.. it's always been in the contract that we must pay parking for the employees, provide parking for the employees. Commissioner Plummer: But you... you don't have to say where the parking.is. Mr. Odio: No, sir. You don't park there. Commissioner Plummer: OK, when you provide, you can provide a vacant lot. Because - -my friend, on the north side of 5th Street at the present time, you've got more vacant lots than you know what to do with. Now, you know, T you've got lots everywhere there. Mr. Odio: You have to consider it... you've got the distance, walking distance to the office. Commissioner Plummer: well, the walking across the street, closer than the damn garage. Mr. Odio: I don't know what lot you're talking about, sir. Commissioner Plummer: You don't know what lot? - how about catty- corner to the corner of 5th' Street and 3rd Avenue, where you tore down a hundred and forty -two unit apartment house? 83 Wov Mayor Suarez: I-would entertain for the -third year in a row, around fiscal year end, and budget time, a motion that would instruct the Manager, and the Off - Street Parking Authority, to figure out a way by single.divestiture, or in. package, to get, and put on the market, as many of those buildings as make sense';- subject'obviously to the final approval to your board,.and :us,'and well I- guess,' it, won't be your board-necessarily., in. a case of the. Rouse- Company-;' you'd obviously have to involve them . if they: have= contractual rights . I- =.have .` a feeling... Commissioner Plummer: One further question, and I'll continue. it later.? What are you charging... why aren't you charging storage for automobilestin that facility?. Mr.'Mulvena: IWell we could have, .'but Cesar had request handling... Vice Mayor Dawkins: Bring you pad. Commissioner Plummer: It's vacant - which everybody around here was going to. give to Camillus House at one time. Vice Mayor Dawkins: That's right, that's what I was going to say, what about . the land you were going to put Camillus House on? - put parking on that. That's what it's for, a parking lot. Commissioner Plummer: You know, I can't envision why we sit here and... it's a. hell of a way to run an airline. .' it, because :.he Commissioner Plummer: City of Dallas, by the way, just for . your information, make two million dollars ($2,000,000) a year out of storage of, automobiles. Why don't we learn by other people's profits rather than by'their mistakes ? .' :' Mr. Mulvenas We could look that at your direction, J.L„ but actually what wanted to do as he has got a large budget, he looked more for savings in the Miami Police Department, than he did in, I would assume, I don't mean to put words in your mouth, but deficit reduction for this garage.. Commissioner Plummer: How many parking spaces do you have under the I -93 R they are not all used. Mr. Mulvenat But they need a lot of security. You can't... Commissioner Plummert What do you mean, security? How much security does a police... I mean, you know... Mr. Mulvenat Well, these are for the... the ones they have on top of the garage are permanently being held for court cases, et cetera. Commissioner Plummer: noes not the Police Station have its own parking garage? - then you've got under the 1 -95, how many damn spaces do you need? Lieutenant Joseph Longueira: I don't know the number, Commissioner, I can tell you, we do not have enough. Commissioner Plummer: You never have enough, Joe. Lt. Longueira: Probably the only thing that saves us right now is that there are eighty cars about GSA all the time that are broken down, and we don't have to park them. That saves us. Commissioner Plummer: Plus you took eighty out to the south substation, plus you took eighty to the north substation. Lt. Longueira: Both of those locations have parking problems, both of them. Commissioner Plummer: You know whose fault that is? Lt. Longueira: I can tell you, we did not pick the site, sir. Commissioner Plummer: We picked the sites, but we told you what to build, and you didn't do what we told you to build. You know, you went and put gymnasiums in them, you did all of that until we yanked it out to keep you into the five million dollars ($5,000,000) that we promised the voters. Hey, you know, nobody else around here is concerned? Commissioner Alonso: Are you telling me that you don't have in those buildings, everything that you need? - it cost us dearly. Lt. Longueira: In the substations? Commissioner Alonso: Yes. Lt. Longueira: No, there is not enough parking. Commissioner Alonso: They were very expensive. Lt. Longueira: There is not enough parking in Liberty City, either, no. Commissioner Plummer: Mr. Manager, they are never going to tell you they -have enough of anything,. including money.. They are, spending over.a hundred dollars ($100,000,000) now. I_want know how man.hours you. are losing :since`" you now have policemen going to the substation, and everyone of them are having to go downtown to gas up their automobiles before they go in service. You are losing about eighty man hours a day by having them go down and pick up facilities of fuel. I would like to see a number on that, Joe. Because they , are having to do it from -the Liberty City Station,as well,as the others, Vice Mayor Dawkins: And I'd also like for you, while you bring that, bring me back the cost it would cost ,to put the gasoline fueling station at the' substation, and I am sure it will be much more than what we are doing right here. Commissioner Plummer: You're losing over eighty man hours. out of'. each . substation every day. They go to roll call at the substation, then they have to drive from there all the way downtown to. get fuel. Vice Mayor Dawkins: That's the nature of the Commissioner Plummer: No, why didn't they put a fueling station ]wilt the damn place? hen they Vice Mayor Dawkins: Because they couldn't do it with five million dollars ($5,000,000) J.L. Commissioner Plummerr To hell, you say. Mayor Suarezt Now that the Police Commissioners have given their opinion on that let's please get back to the Off- Street Parking Authority. What do.you need from us today? Mr. Mulvena: We need approval for the rest of our budget which four /fifths, you passed one /sixth already. I'm sorry, five /sixth... there goes my math. Commissioner Plummer: Well, I'll make a motion at this time that we approve another two /six. Mayor Suarez: Which will be another one /third? Commissioner Plummer: Yes. Mayor Suarez: Bring us to half the year. Commissioner Plummer: Let's see if they can't come up back with some solutions about our problem. Mr. Mulvena: Probably after two /sixth, we will give you a modified budget at the sixth and the ninth window anyway, so we can give you a progress... Commissioner Plummer: It's not what I am concerned about. I'm concerned about the problem existing with that one garage. Mr. Mulvena: Well, all your instructions are... Commissioner Plummer: And I think, if we hold your wallet to the fire, you're going to come back and find some answers. I'll move two /sixth of their budget. Excuse me, there is somebody from the public wishes to speak. Mayor Suarez: Yes. Commissioner De Yurre: Before we get to that, I have a couple of questions. Do we have an advertising budget in the authority? Mr Mulvena: We do. Commissioner De Yurre: What do you use that for? Mr.,. Mulvena: Well, both your facilities and ours, Commissioner, have really . shown - :; a; downturn. - .A. lot of reasons, we now know.we are,in a recession a l of the buildings are having their people move outside of the City, so we commissioned. a customer- relation profile study and marketing study over. -the summer, and they basically said, you are going to have to start spending some, money :to make some money, if:- youare going redirect «more customers into - our': garages. Commissioner Plummer: It's like a lottery. Mr. Mulvena: So we are now implementing a combination marketing advertising, the beginning of this fiscal year. Commissioner De Yurre; How does that work? Mr, Mulvena; Weil, it means better and more visible signs. People don't know us, we get confused, because our name is confusing, Department of Off- Stroet Parking, Miami Parking System, Off- Street Parking Authority, they said, decide on one name, put it on your signs, you know, attach it as we are now doing, like with the Book lair, to DDA, in other words, where there are visible signs of "Come to Miami," we are now trying to say, "Come to Miami and use the City of Miami facilities, use the department of Off-Street facilities." Commissioner Ds Torre; So this advertising is like you know, aig ge, - physical signage that we have out on the roads to direct people t tai garages? 85 Mr. Mulvena: That... we have a newsletter that we produce, that we have produced in the past, and we will be producing that ae well to try to bring in the people from the various parts of the City, you know. We believe far example, Commissioner, that people should park with the Miami Parking Authority for more than one reason. We think we are the best, we know we are the safest, but we take our profit, instead of going somewhere and enjoying it, we turn it back into the City, to neighborhoods and what not. And we think we can produce two compelling reasons why people should use our facilities. They are the best, number one, and number two, because the money that you give to us, we'll give back to your community, whether it's Little Havana, or Coconut Grove, or Overtown Park /West, and we have a track record that demonstrate that Commissioner Le Yurre: How much is the budget for advertising? Mr. Mulvena: For advertising? Forty -six thousand for this fiscal year. And we figure we're going to need you know, all of that for the fiscal year around. Commissioner Alonso: May I ask a question at this time? Mayor Suarez: Commissioner Alonso. Commissioner De Yurre: Sure. Mr. Mulvena: Yes. Commissioner Alonso: This brochure that we received, how much did it cost? Mr. Mulvena: The brochure, to produce was probably in the neighborhood of about nine thousand dollars ($9,000) - of the forty -six thousand, about nine thousand, or eight thousand. Commissioner Alonso: And you said the... Commissioner De Yurre: Do you usually mail these, do you mail these all the time? Mr. Mulvena: Well, our major vehicle is to mail the newsletters, we also produce a very upscale "where to park downtown" which has been warmly received. There are three panels that show Bayside, Arena, and the Knight Center /Gusman area. Those we don't usually mail, they are out at the rental agencies for cars, they are at the cruise place, where ever there are hotels and pickup places, but the newsletter is usually mailed. Commissioner Alonso: This one that we received through the mail, it was sent to everyone that lives in the City of Miami, or was it sent only to voters? Mr. Longueira: No. It was only... this is our second edition. This one... Commissioner Alonso: Well .I'm talking about one very nicely done, properly' mailed to us to coincide with the election. Mr. Mulvena: That was directed specifically for the people who are involved and interested in the Little Havana area. Commissioner Alonso; Or, I see. Mr. Mulvena: Yes, that was a neighborhood edition, Commissioner Alonso: Oh, really? Commissioner Plummer: Little Havana. Mr, Mulvena: That was the area that we had isolated, Commissioner Alonso; So it was to every person, every household ;. every what ? Mr. Mulvena: We think we covered about all the households in that area yes, Commissioner Alonso; Could you check that for me and let me knew about that, 86 NQvambe r 0, 1990 Mr. Mulvenat Sure. t Commissioner Alonso: And did I hear you say that the name of the authority is confusing? Mr. Mulvenat Very confusing. Commissioner Alonsot Oh, really. So whatever type of clarification that We try to do to identify, what is the meaning of the name of the authority? Don't you think it's prudent and appropriate? - whenever we try to clarify? because the name is confusing, right? Mr. Mulvena: Yes, we should try to clarify it, and agree on something that the entire public can understand as, that this is the City of Miami, and this is the Miami parking System facilities, right. Commissioner Alonso: I couldn't agree more with you. Commissioner De Yurre: Let me go back to this concept. Now, do you know for a fact whether... Commissioner Alonso: Do you hear, Mr. City Attorney? Commissioner De Yurre: ... or you don't know for a fact, whether this advertising, or information piece was mailed to every household in the City, or just the voters? Mr. Mulvena: No, I know we directed it because we have a mailing schedule throughout this year, a mailing that will go to the Little Havana parking advisory group, and its responsibility which is basically Little Havana. Our second edition is for the Coconut Grove area, and our Coconut Grove parking -7 advisory group, and you are familiar with the parameters of that neighborhood. The third one is the Overtown /Park West, the fourth one is the DMBA, or downtown, and the final one... I missed one, oh, the Biscayne Boulevard area design district area. So we have six... Commissioner De Yurre: So you're telling me that this advertise... Vice Mayor Dawkins: What about Liberty City? Mr. Mulvena: Liberty City is going to be combined with the Overtown /Park West edition. Vice Mayor Dawkins: Why? Mr. Mulvena: Well, primarily because we treat it as . one unit. Vice Mayor Dawkins: Because they are all black, huh? Mr. Mulvena: No, not really. No, as a matter fact, we don't have a parking advisory group at Liberty City. We tried... Vice Mayor Dawkins: Why don't you? - That's my point. Mr, Mulvena: Well, that's... we are going to try to accomplish it. Once ,we have one, then it will call for a separate identity, and another newsletter. Vice Mayor Dawkins: You thought enough to get one in every other artier- Mr. Mulvena: I'm sorry? Vice Mayor Dawkins; You though enough to have one in every other area. Mr.• Mulvena: Weil, but we only one where we have • a parking >adviao;yy committee, a neighborhood advisory committee. We have one downtown, we_. have one at Overtown /Park West, we have one on Biscayne Boulevard, and -we. ;ale constantly adding parking advisory groups, but we haven't yet achieved to Mgr. Liberty City. Vice Mayor Dawkins; And there is not one.., and so, you and your. board di not deem it necessary to have one for the Edison - Liberty City'104t3.e '. RLv0 group? 87 Mr. Mulvenas N. As a matter of fact, we have facilities out there, it's just... it can't be our doing, in other words, you have to get the comMunity to put it together. Mayor Suarez: It's a very optimistic way to look at it Mr. Mulvena: You now, it shouldn't be our people, so we just had more difficulty in getting that group together. Mayor Suarez: I guess, woul Mr. Mulvena: Mayor Suarez: Mr. Mulvena: Well you don't have that many facilities there. The basic one d be the M1(R one We basically have two surface lots, yes. Right? Yes, exactly. Two surface lots. Mayor Suarez: Is there any other one? Mr. Mulvena: No. Meter and surface lots, and.. Mayor Suarez: Just one surface parking lot, and a few meters on Northwest 7th Avenue. Any on Martin Luther King Boulevard? Mr. Mulvena: No. Mayor Suarez: I don't think so. Vice Mayor Dawkins: But the reason you don't have them is because you don't have an advisory board, who could advise you that I have a parking problem here at this facility, or at this place, and therefore, you should have . a parking... put something there to mend it. Mr. Mulvena: I couldn't agree with you more. Vice Mayor Dawkins: If you had an advisory board they could tell you, because they live there. Mr. Mulvena: I agree. Commissioner De Yurre: Getting back to this advertising issue. Mulvena: Yes. Mr. Mulvena: It did. Commissioner De Yurre: .Which area is that? Mr. Mulvena: Well, this is the second edition. This edition went t Little Havana area. Commissioner De Yurre: This went to Little Havana area. Mr. Mulvena; It was supposed to go to basically, the Little Havana area. Commissioner De Yurre: Basically, or to Little Havana? - to just that.. pocket? Mr. Mulvena; Well, you know, I didn't give them any particular parameters, you know, we hired a company and said, we want to basically approaOh. this area, I didn't say like within the planning, because there is a'Vertain parameter for the planning department. I just said, we want to .,cover that and they said they could accommodate that. Commissioner De Yurres OK. Well, just for the record, 1 live abou in Coconut Grove as you can live, and 1 got one in the mail. Mr. Mulvena; How about that? Commissioner De Yurre: Are you telling me that this advertising went to a particular area? 80 Commissioner De 'turret flow about that? We will deal with that. Commissioner Alonso: Could it be because you are a Spanish speaking voter? Commissioner De 'turret No, 1 thought it was in English. Commissioner Aloneat but your name is, and you are registered as an Anglo, Commissioner De 'turret No but then, but are they sanding it then to Hispanics ?... Commissioner Alonso: You are an American, you are an Anglo, - listed as.. Commissioner De Yurre: Are you sending it to Hispanics? Commissioner Alonso: How he got one? Mr. Mulvena: I don't know, I could check with the company. Commissioner Plummer: Wait, what did I miss? - I heard the Anglo. What did I miss? Cormissifter Alonso: Only the location, and Little Havana, and send... Commissioner De Yurre: ... That I got one in the mail, and it was to have been sent to Little Havana — their advertising. Commissioner Plummer: You mean down south? Commissioner De Yurre: The one, yes. Commissioner Alonso: Did you receive one? Commissioner Plummer: No. Commissioner Alonso: He didn't. Commissioner De Yurre: Did you receive one, Mr. Mayor? Mayor Suarez: No, I didn't. Commissioner Alonso: You didn't? Commissioner De Yurre: Well, you know... Commissioner Plummer: - Well, wait a. minute, we'll just change of Little Havana, and cover Curtis Lane. Commissioner Alonso: house. Commissioner De Yurre: Spread... well, we better change those... let's .bring :. it up again. Commissioner Plummer: How the hell did the Off- Street Parking find you? Commissioner Alonso: Did you hire a company to do this job? Mr. Mulvena: We did, yes. The same.,. Commissioner Alonso: What did you ask the company to do? 69 Mr. Mulvena: Well, we basically told them in .summary, that we had fla recognition problem, we've done a lot of things in the. Little Mavens .area,,we want to service the Little Havana Advisory Board group, we would like very much to provide information to that area, and you know, go about doing . it Commissioner De Turret Is this a monthly advertising? Mr. Mulvena; ::.S1o, ..this remember the pian:we neighborhood .. newsletter sent to.... the second edition generally about a year ago out to everyone. This one is now geographically located. This was the Little Havana area, the second edition is the Coconut Grove area. Commissioner be Yurre: When is that going to go out? This fiscal year, hot. Many da you have planned? - Mr. Mulvena: We plan five, Commissioner De Yurre: five. Mr. Mulvena: One down, our to go. Commissioner De Yurre: Oft, you've got one down. What was the cost of this one? - you just said nine thousand for printing... Mr. Mulvena: About nine thousand dollars ($9,000), yes. Commissioner De Yurre: How many did you print - copies? Mr. Mulvena: Oh, gee, I'm not even certain of the numbers. Commissioner De Yurre: How many did you mail out? Commissioner Plummer: A hundred and three thousand - just happens to be the number of the registered voters. Mr. Mulvena: No, not that number. Commissioner De Yurre: How many were mailed out? Mr. Mulvena: I could find that for you, I don't know the exact number. Commissioner De Yurre: OK. Because I want to know before I vote on this, want to know exactly what the cost was of that mailing. Commissioner Alonso: Yes. Commissioner De Yurre: And the total cost of the advertising. Mr. Mulvena: Well, I can tell you the cost of the mailing, I can tell you the cost of the printing, but I don't know how many went out, I have to call to find that out for you. Commissioner De Yurre: And how many... well, just off the... and how many was the mailing cost? How much was the mailing cost? Mr._ Mulvena: About eight, nine thousand dollars. Commissioner:De Yurre: Eight, nine? - another•nine, that.'s.eighteen. Mr. Mulvena: Eighteen. Commissioner De Yurre: And you were planning five, so that would be ninety: - - thousand, and you only have a budget of forty -six thousand. How you planto do that ?. Mr. Mulvena :. Well, we have a line •budget for.postage, we have one ;for'. advertising, we have one for printing, and like we did on this one, we.topk- two thousand five hundred out of printing, we took two thousand five hundred:,- out of advertising, we took two thousand five hundred out of special.aervices, and all of it out of postage. - Commissioner De .Yurre :: OK, well, you know, : a2.1 that ,,.;: bring ->it to afternoon.so I can.get a closer look at it.j-: Mr. Mulvaney Sure. Commissioner De Yurres I'll appreciate that,.' Mr, .Mulvenac Shall be very happy to, : yap, 9© Mr, Mulvena: I agree. I think your presentation is very impactful on the board. Mayor Suarez: Thank you And I hope that this doesn't detract what I an about _to.,J.say., but you notice that the Commission wants to have a stron involvement in the affairs of the agency. Mr. Mulvena: Right. .,:- • - Commissioner Alonsot , And did you say that last year you also mailed ohe to the citizen e of Miami? Mt. Mulvenat Last year, yes. Commissioner Alonsot How come 1 never received one in my life? Mr. Mulvenat I'm sorry, we missed you, yes. Commissioner Alonsos Have you ever... do yoU.people recollection of ever seeing one? Mayor Suarez: I don't. -I've seen them in... Mr. Mulvena: I could bring. you a copy Of first edition that we sent out, Commissioner Alonsot And would you like me... -I'd like to see... Did you mail the one before? - I'd like to have that information as well. Mr. Mulvena: I believe we did, yes. I believe we did send that one. Commissioner Alonso: Could you get that information for us, r think it's really important. Mr. Mulvena: Sure. Mayor Suarez: OK, on the... Commissioner De Yurre: Including where it went to, and how much it cost... Commissioner Alonso: Yes. Commissioner. De Yurre ....and postage_and everything else.' Commissioner Alonso: Sure. Mr. Mulvena: On both of them? - the one last year and so. Commissioner Alonso: Everything. Commissioner De Yurre: On both, yes. Mr. Mulvena: Yes, we can provide that for you. Commissioner Alonso: Thank you Mayor'Suarez:You,know, I hate to touch the touchy point of the amendment that we would have had on the ballot. But I hope this illustrates, Jack,' and I am pleased that the reaction the other day on -a presentation I made on the Washington Heights, and I hope that we can get that resolved, because that's more-important even than who'controls what. Mayor Suarez: Did it ever strike any of those people Who managed to obtain some plaintiffs to file suit against us; and that we figure probably with the knowledge of some members of your board, and posaibly some staff, that if font, there was a Commissioner sitting , with them, along - with somawrotb,er PeoPlei because one other way of dealing with it of courts°, is to - expand the board as 1 have been thinking of doing, by propoaing to this Commission that lave ballot question that says, we will have -repreaentatives on O f- Street Street Parking Board from every target neighborhood in the city, ,-;;inti per imagine how their votes are 'going to be diluted, Assliminumel,dnitAv even pu --- ow the- ballot that OA the board -members will have to be ten be intereiting too, or that we don't put on the ballot, the'riabol 91 Off- Street Parking Authority, and making it into a City department, Which should also be an interesting idea. Commissioner Alonsot Sure, Mayor Suarez: Nov, all of those things are possibilities. A very simple one was to have a member of this Commission on the Authority to advise us and to Work with you, and it would have been a very... it should have been perceived as a very positive thing if they were using common sense, because if it comes as we see in other matters, with the recommendation of the board, you know, typically, that's the recommendation of the Commissioner that sits on the board, the board has understood how We look at the authority, which is not exactly the way as one member expressed it the other day, as a business, it's not a business, it is an agency that is supposed to be promoting the public interest of the citizens, some of its functioning is like a business, some of our is like a business up here - that might have worked better. So, you know, maybe that's the message to take back. I mean, this is the way it occurs to me. Mr. Mulvena: Yes. And I would... Mr. Mayor, if I might remind you that you know, before we... we, you know before the Commissioner ultimately decided to go with the referendum, the board really asked me to extend an invitation to the... a City Commissioner, to share ex- officio on the board anyway, to actually, physically be there, and I'm sure that invitation still stands as early as the next meeting. Mayor Suarez: You know, we could fight about the voting capacity of that Commissioner... Mr. Mulvena: Yes, exactly. Come and sit. Mayor Suarez: ... and the fact that we do it by referendum, and by charter, so that it can be clear that he is not supposed to, or she is not supposed to sit there and kind of just watch the proceedings, but it makes no sense, we would work a lot better. Mr. Mulvena: Yes, I agree. Commissioner Plummer: Well, Mr. Mayor. Commissioner Alonso: May I ask a question in reference to this, please? Mr. Mulvena: Sure. Commissioner_.Alonso: Why did your attorney mention my name as the Commissioner who was going to be appointed, when in fact, you had no idea who was going to be appointed? Commissioner Plummer: He didn't mention your name. Commissioner Alonso: Yes, they did. Commissioner Plummer: They kept referring to her. Commissioner Alonso: Her, and... Commissioner Plummer: Her. Commissioner Alonso; ... me. Why? I happen to be the only her. Commissioner Plummer: Well, but they didn't mention your Commissioner Alonso; Also, they did. He objected, Mr. Mulvena; Commissioner, point of clarification. Our attorney attorney. This attorney was not our attorney. Commissioner Plummer; We are not sure about Victor. Commissioner Alonso; 1 thought it was going to be Commise.onsr Dgwkins, the . person appointed to that board. 92 Commissioner Plummer: I Was scared to death that it was going to be me. Mayor Suarezt He has always expressed a great deal of interest. Commissioner Alonso: Yes. Mr. Mulvenat But Commissioner, that was Commissioner Alonso: I for one, was going to make the nomination, believe Me. Mr. Mulvenat Commissioner that was not our attorney, our attorney is Jorge. Fernandez. That was an attorney representing the three citizen groups. No seriously. t mean... Commissioner Alonso: And you... Mr. Mulvena: No, he was not in... not our attorney. * Make that clear. Commissioner Alonso: ... because you were very actively involved, were you not? Mr. Mulvena: No, . I was just called as a witness, and... Commissioner Alonso: Oh, I see. Mr. Mulvena: Yes, absolutely. Mayor Suarez: Jack gave the testimony on the well oiled machine that is the Off- Street Parking Authority. Mr. Mulvena: I did. Mayor Suarez: To vindicate the Herald's view of life. Sir, I think you have an :item that is remotely related to the Off- Street Parking, we may as well take you. Do we have second on your motion to, approve .the one /third. budget? Can anybody second it? Commissioner De Yurre: No, I'm not approving anything... Commissioner Alonso: We are not approve... sure... Commission De Yurre: I want to defer this to this afternoon when we get numbers. Table it. Mayor-Suarers Oh, tabling. Commissioner Alonso:: We are asking them to come back. Mr :-- :Mulvena: To defer until I get the information this afternoon. Mayor Suarez: OK, we are tabling, but why don't we hear from you. I think we_ all have a pretty good idea what your grievance is but.:why don't you.put "it -on the record. Mr, , Fernandez; Yes. My opinion would inappropriate for your , to consider this . item, Mr. Steve Alicino: Good morning Mr. Mayor, and Commissioners. I. would ; . to ask in this... Mayor Suarez: Name and address, please Steve. Mr.: Alicino: Steve Alicino, 1987 Howels Trail, Deerfield Beach, F1Qx-ida;: respect to this number 30 resolution, I would like to ask if the. Commissioners would condition it with this. The DOS? (Department of Off - Street Farking - ` a surplus lot that is being advertised for sale Monday, and 1 `: would li'ke to have that delayed for- fortyrfive days, as I try to reaolvp my differences wit the City and DOS ?? In other words, they are advertising: slot' ;cap %seta Monday, and I would like to have that delayed for forty -f ive dsy8 Vice Mayor Dawkins; Can you post a bond? - where if you don, tperfoxm,, the City of Miami can,,, what am I trying to say Mr. City Attoansyt 93 Mr. Mulvenat 1 agree. portions of budget ahould net at all be tied or related to whatever Mr4 Alidino's concerns tray. be Vice Mayor Dawkins: Thank you Go right ahead, sir. Mr. Alicino: May 1 respond to that? Mayor Suarez: Procedurally as to why it should be heard by this board at this particular point, and we've got a pretty definitive answer from our City Attorney... Mr. Odio: Mr. Mayor, if it may help, I met with him, there is no reason to delay anything for any reason whatsoever. The City of Miami as a matter of fact, is not involved whatsoever, I have explained that to him about three times, Mr. Bailey has met with him, everybody has met with him, the City Attorney has met with him, there is no reason to do anything for this person at this time. Mayor Suarez: OK. Last statement, sir. You get under the code, two minutes, whenever you want, on any issue. Mr. Alicino: Thank you for your time. Mr. Fernandez represents both the City and DOSP. He has looked at only... Vice Mayor Dawkins: Pull the mike up a little, sir. Mr. Alicino: He has looked at only the situation with respect to DOSP and has not entertained at all, the situation in the representation of the Commission here, and obviously, we have a conflict of interest, as we've mentioned and stated before, the name is confusing. I was contacted in June of '87 by the City of Miami, and my first face to face contact, we in Mr. Matthew Schwartz's office with many members of the City of Miami. I dealt with the City of Miami, they needed a piece of property by hook or by crook, they got it, we are in a dispute, situation now, I have spent an enormous amount of time and money with my counsel and my own personal time. I am asking for a forty -five day delay in selling a surplus lot, so that we might be able to resolve this for the better of the City of Miami, and for the better of the citizens. Mayor Suarez: OK. The answer is, the City Attorney? Mr. Fernandez: Correct, Mr. Mayor, 94 Mr. Fernandez: Mr. Mayor, no, no, no. The City Attorney represents of course, DOSP, and the City of Miami, and I have looked at it from both angles, from both sides, on behalf of both clients, and our response to Mr. Ali attorney, because he is represented, have been put in paper, we've communicated verbally and in writing, and it is my' opinion that neither the City, nor DOSP have any obligation, or is :inany situation ' to. accede to any of Mr. Alicino's request in front of you here today. Mayor Suarez: OK. Thank you. Mr. Alicino: One final... fifteen... Mayor Suarez: When you are obviously able to, and welcome to try to reach individual Commissioners, and change our opinions, Mr. Alicino: My I have fifteen seconds and final?... Mr. Fernandez's statements there, I conclude... I think the situation might wind up being City versus DOSP, and I don't see how he can be asked to make any judgements at all, because he is clearly in the middle here. Mayor Suarez: Well in the battle with you legally, it is pretty much everybody's opinion -I haven't looked at it carefully that the CityHand that the Department of Off - Street Parking have the identical position. We agree identically, we are happy to be represented by the same attorney... Mayor Suarez: So even for example, if you had two parties_: out .thee,- ►ho not related at all, and they were both involved in a lawsuit, and they bot chose the same attorney, and they both weed to have the ..crams et.terhe representing them, and even if they had no relationship to one another, which we do of course, the agency and the City, they could have the same attorney if they are convinced that that same attorney is going to be fair to both of them, because they have identical interest, and identical perception of their interest, which they do in this case. Mr. Alicino: That's not the case. Because when 1 was Contacted... Mayor Suarez: But that's for us to worry about, not for you. You are the opposing party. Mr. Alicino: In June of '81 it was at the request of the City Commission and the City Manager that these lots were procured for the advancement of NBA basketball in the City of Miami, and for the owners of the team, and again, my initial contact was one, Mr. Alicino, we need this land immediately, here is a deal, it was done on City property, I don't know who department of Off- Street Parking is, it was stated earlier, the name is confusing. Mayor Suarez: Hey, you may be able to establish to the satisfaction of a court that someone didn't deal with you fairly. I know your particular case... Mr. Alicino: Well I think the prudent thing would be to postpone for forty - five days simply... Mayor Suarez: We have been advised by our Attorney that that would not be the prudent thing to do. In fact, it wouldn't be the legal correct thing to do, so we appreciate your... Mr. Alicino: Well that's not correct, he doesn't know what he is talking about. Mayor Suarez: Obviously, you don't agree, and that's why they are courts in this world. Thank you. Mr. Alicino: Well, that's sad for the taxpayers of the City of Miami who are going to bear the consequence of the deeds that happen with my relationship... Mayor Suarez: A lot of people feel that a lot of the thing we do are bad for the... for consequences for the citizens of Miami, but we do what we can. All right, thank you. Mr. Alicino: Thank you. 34. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FY ENDING SEPTEMBER 30, 1991 - TO PROVIDE FOR OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. Mayor Suarez: We have items left on... yes. Mr. Fernandez: Thirty -one is quite different. Commissioner Plummer: That's another one. Mayor Suarez: Yes. Mr. Mulvena: Well, Mr. Mayor, it's a different... it's your own Olympia Gusman budget. The G &O Gunman Olympia budget, Vice Mayor Dawkins: Didn't we tell.,, didn't we say that... go ahead J.I., want you.,. Commissioner Plummer: Very simply, how much subsidiary are we paying on t one ?. Mr. Muivena: Weil, if you notice in this budget, :bacauae w Mr. Odic); We are not paying anything, 95 Mr. MUlVena: Oh yes, you are not. If you notice the budget, there it no deficit projected for this budget. As a matter of fact 4 we think for the first time, because it's going to be fully_ueed, it's probably going to throw Off a profit. Vide Mayor Dawkins: But didn't we instruct you and the Manager, to find out how to refurbish that building so we could move everybody into it. Mr. Odio: Yea, we are doing that. Mr. Mulvena: We're doing it. Oh, yes. Mr. Odio: We are in the process right now of refurbishing that building. Mr. Mulvena: As we talk, they are putting a roof on Vice Mayor Dawkins: How much is it going to cost to refurbish it? Mr. Odio: A hundred and fifty thousand? Mr. Mulvena: No. From soup to nuts, it's about four hundred and some thousand dollars. Vice Mayor Dawkins: And four hundred thousand dollars ($400,000) puts in a new elevator, fixes the air-conditioning, put in smoke screen system, and all of that? - four hundred thousand dollars ($400,000). Mr. Mulvena: Yes, for the Olympia building. The Gusman Center, we are using State funds to do some other things, but all of the City money is going directly into the Olympia building. Vice Mayor Dawkins: To do what? Mr. Mulvena: As you said, we are going... Mr. Odio: We have to put in new elevators. Mr. Mulvena: Actually, the elevators are good, we have to automate the elevators, so they are adaptable. Vice Mayor Dawkins: Argument? Mr. Mulvena: I'm sorry, automate them, so we won't need the operators,' Commissioner. Vice Mayor Dawkins: Not those old ragged ones, you're not going to automate that? Mr. Mulvena:. No, -we can't. - • Vice Mayor Dawkins: You're going to put in new elevators, I hope, Mr. Mulvena: Yes. Well, we are taking a look and we think we can use you know, some of the elevators we have. We are depending on an awfully lot of studies being done. Mayor Suarez: Be absolutely sure that that makes sense please, before you go. off on that. Mr. Mulvena: Well, we will. Normally Mayor Suarez: Make sure that you take the Vice Mayor on tour and convince him that technology is correct to fix and not replace. Mr. Mulvena; 1 would. Commiseioner Plummer; U you ride those elevators, make sure your inaurance is paid, Vice Mayor Dawkins; That's right Mr. Mayor, we are talking 96 Mr. Mulvena: Yes, it's a_good deal. Comm .saioner Alonso: Did we take a vote on that? 97 Vice Mayor Dawkins: That's right. And we're talking about refurbishing a building to use it for the next twenty -five or thirty years, and instead of putting in an elevator that will last twenty or thirty years, at the present day Cost, they want to rehab this one, and maybe fifteen years from today, they have to put in one that cost three times as much as it cost today. Mr. Mulvena: It will be at the direction of Cesar. If he wants a new one, we will do it. If the City wants a new elevator, we'll put in a new elevator. Commissioner Alonso: This is very wrong. Mayor Suarez: Yes, we've got to be absolutely sure... Mr. Mulvena: You've got it. Mayor Suarez: .., if it's going to be for a long lasting use by the City. Commissioner Plummer: No. Commissioner Alonso: This is not a good business decision. Commissioner Plummer: Listen, relax for a while. Mayor Suarez: OK. On this item do you need an approval, or could ?... Mr. Mulvena: We do. We've been operating you know, for actually two months without a budget and frankly, we are a bit at risk, we would like to have this one approved. Mr. Fernandez: Mr. City Attorney, what do you pay for rent a year? Mr. Fernandez: Two hundred and twenty thousand dollars ($220,000). Vice Mayor Dawkins: Didn't we say we would move the City Attorney over there and the City of Miami would save twenty thousand dollars. Mr. Odio: No, he is moving. Vice Mayor Dawkins: Say, what now? Commissioner Alonso: May I ask a question? - Mr. City Manager, I thought that we were waiting until December meeting to make decisions on that, and now I hear you giving a definite answer that he is moving. Is that so? Mr. ADdioi As soon as we are finished refurbishing, which we • are in the' process of doing. Mayor Suarez: So the.answer to what he said is yes. That's precisely what we said. Mr. Odio: I am giving a definite... that's right. We are moving. Commissioner Alonso: Really? Mr. Odio: Because I was told to move, and we are moving. Commissioner Alonso; Who told you that? Mr. Odio: Now, three votes up here tell'me to move, we are moving, Commissioner Alonso; Really? Mr, Oclio: Now, unless you tell me different, I won't move. Mayor Suarez: I guess it wasn't that definitive, but that wWthe dirbctibh .; that... • Commissioner De Yurre: Well, let me whether they move in or not, I would put in the type :of quality that it elevators, because those elevators electrical, proper air- conditioning.. Vice Mayor Dawkins: But we also have put a quarter in and the Metromover... Mr. Mulvena: Well, true, yes. That's 96 Mr. Odio: When they approved his extension of this building where he is at now... Mr, Fernandez: When I was rejected the extension. M. Odio: Rejected the extension of the building he has, we were instructed to Move him to the Olympia building. Commissioner Alonso: May I have a copy of that ?,.. Mayor Suarez: The indication was given not in a resolution, I don't believe. I think Commissioner Alonso is right, I don't think it was that formal. Commissioner Alonso: I don't think so, I don't have any recollection, maybe, I am wrong. Mayor Suarez: And I don't even know there was a motion on it. Commissioner Alonso: Could you get me a copy of that please? Mayor Suarez: I think there was just a report from the Manager... Mr. Odio: We'll get it. Mayor Suarez: ... that this was a very viable thing and a sort of discussion up here that that made sense, et cetera, and it would be a great savings to the City, but "I don't believe that it was formalized, I think you are right. say whether it was formalized or not, or not approve of any moving in until it's is supposed to be. I mean like proper don't function well at all. Proper Mr. Mulvena: Absolutely, that's the plan. We are on a fast track, and during this fiscal year, this will all happen. I mean, like .I say, they are actually physically working on the building as we talk. Commissioner De Yurre: And what is the solution as far as the parking then? Mr. Mulvena: Well in a surprisingly... you know, you have a facility within a .", block and a half of the building, and the Department of Off-Street Parking has a facility within a block and a half of the building, and they are both under- utilized, so actually, you do have interim parking to handle this quote . interim solution. I know in the long run, there is going to be City Administration building, but in the, interim, you have a building which is going to be operational in a year, and you've got parking within a block and a half south, and garage four, under the Centrust Tower, and you have parking north which is in our garage three, near Miami Dade Community College, which is"alsoA under utilized. parking at garage five, which they could and walk over there. absolutely true. Vice Mayor Dawkins: The one that we have been complaining all morning about. being under utilized, we could put people in... all the people. out of there could go over and then put a quarter in the Metromover, and move on over, Mr. Mulvena: I stand corrected, sure. That could be a possibility, Mayor Suarez: OK. As to the regular budget, does anybody want to :cove it ?' Vice Mayor Dawkins: Move it. Commissioner De Yurre; Well, I thought we're going to table this? Vice Mayor Dawkins: For the Gusman Olympia, Vice Mayor Dawkins: No, this is the Olympia building, Mr. Fernandez: Thirty -one is a different. Mr. Muivena: Yes, this is your budget, Commissioner. Commissioner De Yurre: Weil Oki My project. Mr. Mulvena: Not your project, this is the City Commission's budget, /'t sorry. Commissioner De Yurrei Hey. I'll entertain. Mayor Suarez: You moved it? Vice Mayor Davitin :3: T moved.it. I asked for a second. Mayor Suarez: Do we hive a second on that. I'll second, if not. Commissioner De Yurres OK. Any further discussion? Call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: Upon adopted by AYES: NOES: ABSENT; RESOLUTION NO. 90 -881 A RESOLUTION WITH ATTACHMENT, APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF- STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991 IN THE AMOUNT OF $1,069,921, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) being. seconded by Mayor Suarez, the resolution was passed and the following vote: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. Commissioner J.L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I guess, yes. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: That's it, if he propositions. 99 ae.�a::cfosaYwLr r�I.ii A1�4 G(.i wl w.re. ac. ai aYGaYii+c Y.d. ou11i1�sLr Yarn..r i. 1N Y. r VSi.. Y. il. r. i:... is ac ia. iw.. .... .GS. W. ar.n®.Yir .w -..i --. al. r.►.r 35. ELECT COMMISSIONER J.L. PLUMMER) JR, AS VICE MAYOR FOR ONE YEAR COMMENCING 12:00 NOON DECEMBER 1, 1990. Commissioner De Yurre: We heed to revisit item number one. Mayor Suarez: Yes. But.. guess I thought the Commissioner would be here with ug. Commissioner De Yurre: My understanding that it's his turn, so I would move that he be appointed Vice Mayor for this coming one year period. Commissioner Alonso: Yes, I second. Mayor Suarez: So moved and second. Are we going to vote in his absence to that it looks more equitable, and objective. Vice Mayor Dawkins: And he has to take us all to Joe Stone Crab to celebrate at his expense. Mayor Suarez: All right. This does not carry with it any travelling privilege. Call the roll. Commissioner Alonso: Just a stone crab. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: AYES: NOES:. None. RESOLUTION NO. 90 -882 A RESOLUTION ELECTING AND APPOINTING COMMISSIONER J.L. PLUMMER, JR. AS VICE -MAYOR OF THE CITY OF MIAMI, FLORIDA, TO SERVE A ONE YEAR TERM COMMENCING AT 12:00 NOON DECEMBER 1, 1990. (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: Commissioner Victor De Yurre Commissioner. Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner J.L. Plummer, Jr. 36. GRANT REQUEST FROM THE CITY OF MIAMI AFRICAN AMERICAN CHRISTMAS COMMEMORATIVE GOSPEL COALITION - (SINGERS) FOR FINANCIAL ASSISTANCE IN CONNECTION WITH THEIR UPCOMING TRIP TO SISTER CITY OF VERONA, ITALY:'- ALLOCATE $20,000, WITH STIPULATION THAT ANY BALANCE REMAINING BE REPAID TO THE CITY, Commissioner De Yurre: - Mr. Mayor. 100 Mayor Suarez: Any other items from the morning that we should act on? Commissioner De Yurre: Yes, if we can get this out of the way., Ada -yon -are aware, and I just passed out some information, We are plennia$ pith:: continuing our relationship with Verona and her Sister City rrogral4They , have invited a group of gospel singers from Miami to: go Nirienab0 Verona and perform there, from November 29th to .Decealber.° 5t The providing, the City of Verona in providing all of the food and lodging for the fifty person group which amounts to seventy thousand dollars ($0,000), plus the land transportation which is another thirty -five hundred. Basically, the only thing that we here at this end, have to come up with is the plane fate. Air Italia is helping out with part of that cost, the churches and the choir themselves, they are going to be kicking in about ten thousand dollars ($10,000). We are going to go out to get some corporate sponsors, and hopefully D.D.A Which is helping in this procedure, will assist. Mayor Suarez: Will you move the D.D.A budget with the qualification that this five thousand dollars ($5,000) be provided for ?... Commissioner be 'turret I would have, regardless. Mayor Suarez: OK. Commissioner De Yurret So, that's no problem. But we need some help from the Sister City program, and we need a minimum of fifteen thousand to make this a go. Mayor Suarez: Do you need approval from the Commission for that? - or is that ?... Vice Mayor Dawkins: I move that we make twenty thousand available, and if they don't use but fifteen, they bring the five thousand back. Commissioner De Yurret I'll second that. Mayor Suarez: So moved. Second. Sister City's coordinator recommend? Commissioner Plummer: Yes, sir. Commissioner Plummer: You do? Mayor Suarez: Any discussion? if not, please call the roll.. Commissioner Plummer: I concur. Vice Mayor Dawkins: Mr. Vice Mayor. Vice Mayor Dawkins: I concur. No, Mayor looking for vice. Mayor Suarez: We also passed it while you were away, a resolution saying that your regular Commissioner position would be at no compensation, and your vote would be ineffective, and that you would only be able to use five minutes of the morning session, henceforth. - just thought I would tell you about that. Call the roll on that motion. Commissioner Plummer: Mr.'Mayor, I fully concur as long as you'accept the resignation'as Mayor. Mayor Suarez: Yes. Mr. Matthew Schwartz, .please come up to the mike to see if we can get your budget resolved as we take a vote on that. Commissioner De Yurre: OK. We are going to vote on this first? Commissioner Plummer: Mr. Mayor, this is not going to be an easy item, as I explained to you before. Mayor Suarez: OK. Well then 1 won't even try it. Commissioner Alonso: Well then we will take it afterwards. Mayor Suarez; Then 1 won't even try it. On the Verona effort, Sister City expenditure, we have a motion and a second. Call the roll, 101 The following resolution Wee introduced by Vice Mayor Dawkins, who mated its adoption: A RESOLUTION ALLOCATING THE AMOUNT OF $20,000 FROM FY 1990-91 SPECIAL PROGRAMS AND ACCOUNTS, SISTER CITIES FUND, IN SUPPORT OF THE CITY OF MIAMI AFRICAN AMERICAN CHRISTMAS COMMEMORATIVE GOSPEL COALITION'S TRIP TO THE SISTER CITY OF VERONA, ITALY, ON NOVEMBER 29, 1990; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE POLICY APM -1 -84, DATED JANUARY 24, 1984; FURTHER STIPULATING THAT IF THE ALLOCATED AMOUNT IS NOT TOTALLY EXPENDED, THE REMAINING BALANCE SHALL BE RETURNED TO THE CITY. (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: NOES: None. ABSENT: None. RESOLUTION NO. 90 -883 Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez 37. AUTHORIZE THREE -MONTH EXTENSION OF FUNDING OF OPERATIONAL EXPENSES OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK FOUNTAIN - ALLOCATE $50,000, IF AVAILABLE. Commissioner Plummer: Mr. Mayor, may I give something for the Commission to, think about during the lunch period. Mayor Suarez: Yes, Commissioner. Commissioner Plummer: As you know, you only gave a two month allocation for the operation of the fountain. I will be recommending that we allocate an additional six months to carry us through the holidays of funding for the fountain. I want you to fully understand that we are working very hard, and very diligently to get corporate... Vice Mayor Dawkins: Where is this? Commissioner Plummer: ... private sponsors. Mayor Suarez: And I understand that already. there has been a reduction in the estimate as to what it would cost to operate. Commissioner Plummer: That is correct, sir. Mayor Suarez; Right. Commissioner Plummer: If you want, I'll make this resolution quick forouu, if my colleagues are willing to take a second. Vice Mayor Dawkins; I'm going to second. Mayor Suarez: Oh so, you're going to hold me up on D.D.A, until the afternoon? - or you want to get this ?... Commissioner Plummer: Well if this is controversial aijr, I afternoon. 102 Vice Mayor Dawkins: I second it. 103 Vide Mayor Dawkins: It's not controversial, go ahead. Make the motion, because I've something for you Commissioner Plummer: "A resolution authorizing," .and I am inserting you can do whatever you want - "a six month extension of the current financial funding by the City of Miami, if the operation expenses of the Mildred and Claude Pepper Bayfront Bark fountain in an amount not to exceed one hundred thousand dollars ($100,000) said fund being allocated from special programs and accounts contingency fund," I so move. Vice Mayor Dawkins: Under discussion. I mean, you moved it? Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: I second it. Mayor Suarez: Moved and seconded. Vice Mayor Dawkins: Under discussion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: This Commission passed a resolution that for every additional dollar you spend in Bayfront Park, you would spend an additional dollar in all of the other City parks, so therefore we need two hundred thousand dollars ($200,000) instead of one hundred thousand dollars ($100,000), because we have to spend a hundred thousand dollars ($100,000) in all the other parks, to spend a hundred thousand dollars ($100,000) in Bayfront Park. - according to our resolution. Commissioner Plummer: Let me not violently disagree, but disagree. That motion you will find before this Commission stated the following. For every dollar, and we were talking about the amount of eight million... eight point one. For every dollar of capital improvements made in Bayfront Park of the eight point one that you had to make capital improvements in the neighborhood parks of a like amount. It did not speak to operational cost, Commissioner. Now, I'm not saying that that is right or wrong, what I am saying is the facts as I know them. Vice Mayor Dawkins: OK. Now though that doesn't negate the fact that you can give me fourteen thousand dollars ($14,000) for any pool, and I'll go out and put irrigation, and let the water jump up and down out of an irrigation system instead of running up and down in a fountain. Commissioner Plummer: Commissioner, as you are well aware, when I became, by this direction of this Commission, the board member to sit on that board, up until that point, I had been the one, beside yourself, who was most totally vocally in opposition. I am not here today to try to correct the mistakes of the past. I am merely here today saying that if the fountain is to continue, and it is the wish and desire of this Commission, this ..is. what ::is necessary. Now that's all I am saying to my colleagues on the, Commission. It is your decision to make, I am merely your representative there. Now that is up to you all what you want to do, and I govern myself accordingly as I do on any board. that I sit as your representative. Now what... I have a motion before the Commission... Commissioner Plummer: ... if it is the. desire of the Commissionto down, then turn it down. Tice Mayor Dawkins: It's not a matter of turning it down, it'.s a matter spending money on other parks in the City of Miami... Commissioner Plummer: And Commissioner.',. Vice Mayor Dawkins: .. , as we continua to spend: money- in : Payfront Park Commissioner Plummer; .. , if your amendment to that i&ottow i ,<, VtAnothe hundred thousand must be found for the neighborhood parks, tan : you do 10end Vice Mayor Dawkinat OK. All right, no, I'ii do it differently than that. Mr. Odiot We don't have It Vice Mayor Dawkihst OK. I'll second your motion and then I'll come back and make the second motion. Commissioner Plummer: All right sir. .Mayor Suarez: All right, we have a motion and a second. Let's call the roll on that one. The following resolution was introduced by Commissioner Plummer, who Moved its adoption: AYES: NOES: None. RESOLUTION NO. 90 -884 A RESOLUTION AUTHORIZING A THREE MONTH EXTENSION OF THE CURRENT FINANCIAL FUNDING BY THE CITY OF MIAMI OF THE OPERATIONAL EXPENSES OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK FOUNTAIN IN AN AMOUNT NOT TO EXCEED $50,000, SUBJECT TO THE AVAILABILITY OF FUNDS AND SEVEN DAYS' ADVANCE NOTICE TO THE TRUST IN THE EVENT FUNDS ARE UNAVAILABLE AT ANY TIME DURING THE THREE MONTH PERIOD, SAID FUNDS BEING ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed adopted by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Victor De Yurre. Commissioner Plummer: And that carries us through the holidays. COMMENTS MADE DURING ROLL CALL: Mr. Fernandez: No, we need to fill in the space in the blank for the months. Commissioner Plummer: All right, I did. Mayor Suarez: He did. Commissioner Plummer: Six months not to exceed a hundred thousand. Mr. Fernandez: Six months. Mr. Odio: If we have money in that account. I don't believe we do. Mr. Odio: Well... No, I won't. I'd let you know right after lunch. Commissioner Plummer: Let not me know, but let this Commission that monies are not there I'll instruct the executive director... Vice Mayor Dawkins: Electricity... Florida Power and Light to cut 'it of Cotmuieeioner Plummer; to turn it off. That's - it... mean 7+u kzQw 104 and Commissioner Plummer: Sir, then if don't have money in : that account,, you've got to so notify us so we don't incur the electrical bill that's, going .to.: incurred. Do not let me write a bad check. Commissioner Alonso: Yes. Mr. Fernandez: Yes, yes. That's clear. 105 Commissioner Alonso: Commissioner, 1 will have no objections going along with "for the holidays" but this seems to me that its six months - through May right? Mayor Suarez: You're talking half a year of holidays there the way you keep saying it. Commissioner Plummer: Mr. Mayor, I was trying to carry us through the holidays and up until Easter time is what I was anticipating. You want to cut it down sir, please do. I don't know how I get myself in this position. Mayor Suarez: Well, you manage to cover half of the entire year's worth of holidays which 1 thought was pretty creative - six months. I like to see, she is... Commissioner Plummer: Sir, you want it for one month, bring it back every month, that's up to you. Mayor Suarez: And Katz doesn't even smile. He is... Look, I don't care, we have to operate something there, and we have to do it every way we can. Commissioner Plummer: .I . can assure you Mr. Mayor, and my colleagues, if we are successful in getting a corporative sponsor, this money will not be spent of the City money. But we are having... Mayor Suarez: All right. You want to try for three months, Commissioner? Commissioner Plummer: Sir, whatever you want. Commissioner Alonso: I will go along with three months. Commissioner Plummer: Three months for fifty thousand dollars ($50,000) is fine. Mayor Suarez: All right, the motion is amended and the second accepted as three months. Call the roll. Commissioner Plummer: That's fine. Commissioner De Yurre: What time are we reconvening? - two thirty? Commissioner Plummer: Tomorrow. COMMENTS MADE AFTER ROLL CALL: Commissioner. Plummer: Full understanding Mr. Mayor. Mayor. Suarez: And Mr. City Attorney. Vice Mayor Dawkins: Now, now, hold it. Commissioner Plummer: At least seven days notice. Mr. Fernandez: Seven days notice. Commissioner Plummer: Yes. Don't let me write a bad check, Mayor Suarez: Let me just clarify that the motion then includes half the amount that was discussed. Commissioner Plummer: Excuse me for one second. Fully understanding that for whatever reason the Manager cannot produce the funds, he must notify us least seven days in advance so we can turn it off. Mr. Fernandez: I have that included in the resolution, upon availability funds. aka a a ...No a a aaa lirant:u. r....1wr::aaa&a.:..r.x. a` r. a - a - ..i.a 3$. AUTHORIZE CITE' MANAGER THAT, IP $50,000 IS AVAILABLE FOR THE MILDRED AND CLAUDE PEPPER bAYFRONT DARK rommtm, THEN AN IDENTICAL AMOUNT BE MADE AVAILABLE FOR FUNbINC OF INNER -CITY PARKS. Vice Mayor Dawkins: Ok, now, I make a motion that from whatever pot, since there is no money in that .object code, if the Manager finds another object code with which to take $50,000 for the fountain, that he find an object code to take $100,000 for him and make it available to the Mayor Suarez: Right. It would be another fifty then for the... Vice Mayor Dawkins: Yes, uh huh. Mayor Suarez: Right. Comttiissioner Plummer: I'll second that motion. Vice Mayor Dawkins: And I so move. Mayor Suarez: Moved and seconded. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: Upon adopted by AYES: NOES: ABSENT: MOTION NO. 90 -885 parks. A MOTION OF THE CITY COMMISSION STIPULATING THAT AT SUCH TIME AS THE CITY MANAGER IDENTIFIES AN APPROPRIATE SOURCE OF FUNDS FOR THE THREE MONTH FUNDING FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN ($50,000), THE MANAGER SHALL ALSO FIND AN APPROPRIATE SOURCE OF FUNDING TO ALLOCATE A LIKE AMOUNT ($50,000) FOR FUNDING OF INNER -CITY PARKS. being seconded by Commissioner Plummer, the motion was passed the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. None. Mayor Suarez: We're adjourned until 2:30. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:14 P.M. AND RECONVENED AT 2 :48 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 100 Mayor Suarez: Mayor Suarez: Yes, order in the court. Who wants to speak? Commissioner Plummer: The monkey. Mayor Suarez: Monkey? Commissioner Plummer: Monkey wants to speak. Mayor Suarez: Monkey wants to speak. That must be special ceremonial item related to the hardware in you may have suspected... if the Miami Herald would time, Carl, it's your partner in crime. Yes, I've this morning. The Stanley Cup from 1892? - donated not a member, former member of this Commission..., • .i W i¢ili.r iL IY L.Si�L.i YL i YG 39. (A) BRIEF DISCUSSION CONCERNING THE CITY'S EFFORTS TO BRING A NATIONAL HOCKEY LEAGUE FRANCHISE TO MIAMI. (B) CERTIFICATE Or APPRECIATION PRESENTED TO MR. GODFREY WOOD FOR HIS EFFORTS TOWARD BRINGING A NATIONAL HOCKEY LEAGUE FRANCHISE TO MIAMI. (C) PROTEST REGISTERED BY MR, STEVE ALICINO, PRESIDENT Or A FORMER CORPORATION NAMED HOCKEY, INC. Commissioner, please come to order. We have an interesting... Commissioner Plummer: Order in the court, the monkey wants to speak. Speak monkey, speak. before my time. We have - a front of you, which is,- as let us back. Not you this been picking on her since by Lord Stanley and he was INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Who was here around the time of J.L. Plummer beginning... Commissioner Plummer: Thanks. Mayor Suarez: No. And Commissioner De Yurre would like to tell us a little bit more about the cup and Mr. Wood and the prospects for obtaining professional hockey in our City. Commissioner De Yurre: Thank you, Mr. Mayor, and about a year ago, we started with a dream and that dream was to bring an NHL franchise to Miami. And a-lot of steps have been taken through the Miami Sports & Exhibition Authority wherein Bill Perry is here as executive director and Mr. Godfrey Wood, who brings us today this Stanley Cup - can you hear me now? Better. OK, we got to check the acoustics here with the... Mr. Godfrey Wood is the man at the forefront of this effort to bring hockey to Miami. Certainly it's an industry . that will bring approximately $50,000,000 to Miami. So, it's not :just a ,_. sport, but it's also the dollars, the economic impact that a hockey franchise in Miami is going to bring. Godfrey's going to talk about the Stanley Cup ,:a little bit which is certainly magnificent piece of art work and certainly has a very long history, an exciting history. But I'd like to present to him a certificate of appreciation for the work he's done up to now in this :.effort _'to bring hockey to Miami. So, Godfrey, on behalf of the. Miami City Commission, ..I present you with this certificate of appreciation. (APPLAUSE) Mr. Godfrey Wood: Thank you very much, Commissioner, Mr: Mayor; members the Commission. It is a very proud moment for me, but it's nothing to the pride that this community can feel about 30 days from now if we're successful.' in getting a National Hockey League franchise for Miami. (APPLAUSE) This.-is definitely a community effort to get this team here and community if yo look . at the definition, means building something together and •fighting togethe,rtt' get' something. Miami, as sure as I'm standing here, if we get our season tickets subscription, which the National Hockey League requirea, 1. am - convinced'we are going to get one`of the'two franchises they award, to play;: here in Miami. So, thank you all for your' support and your interest anVwe look forward to being a part of this growing • vital _ costununity 1h ik 107 Mr. Jack Mulvena: Well, you... Mayor Suarez: ...done with you and your agency. No? Mr. Mulvena; It the only one in the country too, 1 know. Ma►yor..Suarest That's why :yoµ callad it a well;pilad (APPLAUSE) Mayor Suarez: We forgot to tell you that we only have one professional hockey player on the Commission, Commissioner Miriam Alonso. Commissioner Alonso: 1 Want you to know that... (Inaudible)... high school, and my team was good. So, I go you there. Mayor Suarez: Very good. And, also, as soon as you get the franchise, we'll give you a frame for the commendation. Seems like a couple of years ago We were losing franchises, now we have one already and another one two others possibly, on the way. Mr. Alicino, sir, we heard from you this morning. We know that you are in.a legal dispute with the City. There's not much else that we can do. I think the proper forum for your grievance is in court. If you have one quick clarification, sir. Mr. Steve Alicino: Yes, sir. I am the president of a former corporation named Hockey, Inc. Mayor Suarez: Oh, I'm sorry, that's in relation to this matter. Mr. Alicino: Formed in the year 1986. The purpose of this organization was to secure a hockey team for the City of Miami. I have the documentation here and much more evidence of that. In fact, my plans were to house the offices Of the franchise in that lot. In light of the message I received from the City that being, we do not concern ourselves if we cheated a man of his life savings in securing franchises and they also lied, the City, to the NBA themselves. I am compelled to force the NHL to locate elsewhere. I am certain that the legal entanglements will dissuade the investors you seek. While I will secure the investors and site north of Miami. Thank you for your time. Mayor Suarez: All right, sir. Your document - I mean, your comments are noted for the record and officially part of our transcript. 40. (Continued Discussion) APPROVE TWO- SIXTHS OF THE ANNUAL BUDGET OF DEPARTMENT OF OFF- STREET PARKING FOR FY ENDING SEPTEMBER 30, 1991 (See label 33). Mayor Suarez: Mr. Mulvena, what are you doing at the mike, sir? I thought we were... Mr. Mulvena: 'No, you asked me to distribute -the information. on the newsletter which we circulated and I left a copy each of your places with a copy of the last newsletter we sent the summer of '88. SO... Mayor Suarez: You know, you should pay all '. of us to do your promotion for you. We're constantly on the radio, we're always asked about the Off: Street Parking Authority and parking meters. We always have to clarify that the only city in the United States - wish the Miami Herald would pick up on this - where if you have a store with parking teeters in front of you, of it, and you don't want the parking meters, you send a written request and they're removed. And if you have a store. and you don't have parking meters, but you'd_ like them, you send a written request and they're.,. Commissioner Alonso; They'll be glad to place them. Mayor Suarez; They'll be glad to place them. That's pretty democratic; pretty :flexible system. 108 Corritaioher Aionao: IS that so? Aren't We fortunate. Mayor Sussex: :Well oiled by us. t hope you realise who put the oil into that because it wasn't that Way before. Mr. Mulvena: I know you did, I know you did, yes. Mayor. Suarez: There were parking meters coming out into the CoMMunity, residential areas. It was like weds. Mr. Mulvena: True. But certainly... Mayor Suarez: Anything else anybody needs to know from Mr. Jack Mulvena? Mr. Mulvena: Well, we do need a resolution to pass the budget, if only for 2 /6ths that J. L. mentioned. That's the • item that's been deferred for the information, Mayor. Mayor Suarez: OK. Commissioner De Yurre: Did you get me the information? Mr. Mulvena: Yes, it's right.at your place. Commissioner De Yurre: OX, what am I looking at? Mr. Mulvena: Take a look at the... Commissioner De Yurre: Aside from your picture? Mr. Mulvena: No, no, that's the old - that's the one that Commissioner... that•is my picture, yes, the one Commissioner Alonzo wanted that we circulated in the summer of '88. She... Commissioner De Yurre: This here? Mr. Mulvena: Yes, that's the first one. Commissioner Alonso: This one, Mr. Mulvena: The second one was the one that we mailed out just last week. Commissioner De Yurre: Where is the one that got mailed out last week? Mr. Mulvena: I can get you a copy of that also. But first... Commissioner De Yurre: Well, do you have it here Mr. Mulvena: Yes, I do. Commissioner De Yurre: But you wanted to know... if you take a look, I gave• you a printout of the cost of the -newsletter.- Commissioner De Yurre: Yes, but let me tell you, this picture was in last "maybe in,the•second page, but it was in there:too. Mr.; Mulvena: It was, yes. Commissioner Alonso: That's right, I remember. Mr, Mulvena; Commissioner that.. Commissioner oa,the front Commissioner CoMmianioser It was, it... De Yurre: It had Plummer's face .there,, De Yurre: Yes, wonderful. Plummer: Without • 4 :beard • Nice ido Plummer: Yes, but I want you to look , at that great smiliag4ac page, Commissioner De Yurre: OK. Commissioner De Yurre: Well, my budgets is not here. Mr. Mulvena: That was the first edition, but... Commissioner De Yurre: Now, where do you have the breakdown on the cost of this? Mr. Mulvenat Ii11 give you another copy, if it's not in your place. Commissioner Plummer: Cheap, at any price. Commissioner De Yurre: dell, I'm trying to figure it out. Mr. Mulvena: Here we go. Commissioner De Yurre: OK. Commissioner Plummer: For me to favor them with my picture, it was cheap. Commissioner De Yurre: 'Yes, I want you to go through it for us. Mr. Mulvena: Commissioners, I've put together a list of our last six publications that we've produced beginning in the fall of '86 we've had three newsletters. But the most important one, I think that you're concerned with is the last newsletter we sent out which is the bottom line number. The fall of 1990, which, if you'll notice, we distributed 44,000 of those and they were distributed specifically for the target area, Little Havana. The publishing costs were $7,850 and the mailing cost postage were $9,240. So, the price for that document was a combination of the seven and nine thousand dollar figure, Commissioner. Mr. Mulvena: And if you want to, you can go up the line to parking journal, summer of '88, or our parking space, which That was our first newsletter. Commissioner De Yurre: Now, you were also going to give us a breakdown of where these monies come from, postage, advertising... Mr. Mulvena: Well, that's... you know, in your budget, the actual cost coming f rom... Mr. Mulvena: Oh, OK. But the point being, the cost on the newsletter comes right from the advertising and the printing budget and I have a copy I can share with you. I didn't reproduce all of them for the Commission, but I... Commissioner Plummer: Well, just for the record, and all kidding aside. Is it any reason in particular that why you brought with my picture on the front, the copy from 1988. Is that the one you're using: as a. sample ? Mr. Mulvena: No, Commissioner Miriam Alonso wanted to see the first edit - ion of this one. The other one has already been mailed. This is just the... Commissioner Plummer: Well, what is the word verano? V- E- R- A -N - O.• Mayor Suarez: Summer. Commissioner Plummer: Summer? Mr. Mulvena: Summer. Vice Mayor Dawkins: J.L. Plummer, he's politicking. He know you're next year so he's giving you some free publicity. Commissioner Plummer: Yea, by why in '88? 1 mean, why aren't I on in the summer of '91? Commissioner Aloneo: She has used your picture this year too,. en40 t vo - Commissioner Plummer: Eighty -eight or '90? 110 compare it to our is the first line. Mayor Suarezt Let the record reflect that he's doing his beet at pronouncing the word in Spanish for summer. All right, anything else? Commissioner Plummer: I Want it next year. No, 1 want it next year. Commissioner Alonso: He will be using it again. Mayor Suarezt No more promotional materials on Commissioner Plummer or otherwise? Commissioner. Plummer: To hell you say. Mayor Suarez: All right. Anything further, Commissioners? Commissioner Plummer: Well, we have a motion on the floor to approve 2 /6ths of the'budget. Mayor Suarez: All right, it's been moved and seconded. Commissioner De Yurre: Who seconded it? Mr. Foeman: Need a seconder. Vice Mayor Dawkins: Who seconded it? Commissioner Plummer: You did, I believe. Commissioner De Yurre: Not me. Mayor Suarez: I seconded it? I second it, I second it. Commissioner Plummer: No, Miller, you seconded it? Mayor Suarez: I think I seconded it. Commissioner Plummer: OK. Commissioner De Yurre: OK, well, who moved it? -J.L.? Commissioner Plummer: I moved it, yes. Commissioner De Yurre: OK. Mayor Suarez: All right. Commissioner De Yurre: Who's on first? Commissioner Plummer: With the explicit... Commissioner De Yurre: What's on second. OK. Any further discussion? Commissioner. Plummer: With the explicit instructions that .they . are to come back within another two months and tell us what they're going ,to _do with that garage downtown. That's the reason I'm holding their wallet to the fire. Mr, Mulvena: We'll have a full report on that. Commissioner Plummer: No, :don't give me a report. Show:me_a bill o -?sale; Mr. Mulvena: If 1 can get it, I'll show you that. Commissioner De Yurre: OK, any further discussion? Hearing roil. AYES: • Mayor Suarez: One last item? RESOLUTION NO. 90 -886 Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Mr. Mulvena; But, every item on there.,. The following resolution was introduced by Commissioner Plummer, who moved its adoption: A RESOLUTION, APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF- STREET PARKING FOR TWO- SIXTHS (DECEMBER 1, 1990, TO JANUARY 31, 1991) OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1991; PROVIDING THAT THIS RESOLUTION BE DEEMED SUPPLEMENTAL AND IN ADDITION TO RESOLUTION NO. 90 -741, ADOPTED ON SEPTEMBER 27, 1990 APPROVING THE FIRST ONE SIXTH OF SAID ANNUAL BUDGET. (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: NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Wait a minute, I thought I was Vice Mayor. What's he calling the roll for? Commissioner De Yurre: Because you moved it. Vice Mayor Dawkins: Not till next week. Commissioner Plummer: I vote yes. Vice Mayor Dawkins: Not until the next meeting. Commissioner De Yurre: You moved it, so you can't do it, right? Commissioner Alonso: That's right. - Commissioner De Yurre: Hey, man, learn some protocol here. Get that Mason Rules. 41. APPROVE DEPARTMENT OF OFF- STREET PARKING FIVE YEAR STRATEGIC." AND FINANCIAL OPERATIONS PLAN. Mr. Jack Mulvena: Yes, one last item, is item 32, I believe. the five year plan which is our capital improvement program. Commissioner De Yurre: Oh, man, you're pushing your luck today. Mayor Suarez: Understanding that the five year plan of the Off Street Parking Authority is kind of like a wish list and the well oiled machine puts out every so often,,, Mayor Suarezi See, the big mietake they make is' to send "an.; aditQri* b pi *rid .: member because then we know who to blame for the editorials, sP, • whet does the well oiled machine propose for the next five ye*ri? 112 • Mr. Mulvenat Well, the five year plan calls for expenditures of maintenance and capital projects from the DOSP reserves of $2,500,000. They include things like overhauling elevators... Mayor Suarest tut, I mean, most things are things that we previously approved. Is there any new? Mr. Mulvena: No, there's nothing new. As a matter of fact, when we come back for a new project, you know, you have to approve those individually. That's the point. Mayor Suarez :. That's what I thought and in this particular case, it looks a lot like the same five year plan that I've seen for the last five years, so maybe that's why they call it for five year plan. It comes up for reapproval every five years. Commissioner Alonso: It is. Commissioner De Yurre: Every year. Mr. Mulvena: Basically, it is, for all intent and purpose, the same five year plan you approved last year. Mayor Suarez: All right. Commissioner Plummer: Have we got another agenda that I don't have? Mayor Suarez: Anyone want to ask anything about the five year plan? Commissioner Alonso: Yes, let's talk about this in the second... Commissioner Plummer: Where is that agenda? Mayor Suarez: I guess it's really Mayor Suarez: Now, let me say one thing in defense of a five year capital plan. -Even though we approved the individual items, if you don't present ,it to us, then we complain that we had no idea this was coming. And, so it's` good you to present it to us. It's good_ for. us to know, 'even =intsort o_f,: theory and conjecture and speculation that that's -what you're :proposing, and I hope :that my: colleagues see it for that, Ultimately, the specific items With.: - their financing, with their land provisions, if the City's.land is .involved, and private sector. These are very complicated joint, public, privateage_ncy,,, nonprofit - sometimes the state is involved as in the Coconut. Grove. Playhouse - and et cetera, so, I mean, it's... Mr. Mulvenat By the way, Mayor, it is designed; so there _will be no eupr�. r 9a. and we take off those that have already been achieved. The Arena parking program, if you remember, appeared... Mayor Suarez: No last minute lawsuits, nothing like that, All right,., Mr. Mulvena: Nothing, no, certainly not in the capital program, Mayor Suarez: .4-by friends of the Qft Street - Periling' Authority, ,OK ?.;k YDpe .; anyone have any questions on it? If not, 1'].]. entertain;..a . motion .,on w tiler= f ivre ' �': year, plan, which is substantially the same as last year's five year plan t i' we approved, Four year pi an, Lam_ -- and _ y year -• . - Commissioner Plummer: Mr. Mayor, let me ask - excuse me.... Mayor Suarez: Yes. Commissioner Plummer: Did you all receive two agendas? Commissioner Alonso: Yes. Commissioner Plummer: Well, I'm sorry, I only got one. No, that's... Commissioner Alonso: You mean PZ? 113 Commissioner Plummer: What's correct. Would you correct that other memo? that 1 gave to gaiter.... Mayor SuarePt Commissioner - Vice Mayor Dawkins moves it Commissioner Plummer: What is that? Mayor Suarez: The five year plan. Commissioner Plummer: Yes, sure, why not? It doesn't mean anything. Mayor Suarez: Thank you. Any discussion? I think Commissioner Alonso would like for it to take effect in December of 1906. Commissioner Alonsot That's right. Mr. Mulvenat All of the completed by. Commissioner Plummer: Is that after the next referendum? Mayor Suarez: That gives us another five years to look at it. All right, with the humorous side, we have a motion and a second on the five year plan. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption:. AYES: NOES: None. ABSENT: None. RESOLUTION NO. 90 -887 A RESOLUTION, WITH ATTACHMENT, APPROVING THE DEPARTMENT OF OFF- STREET PARKING FIVE YEAR STRATEGIC AND'FINANCIAL OPERATIONS PLAN, AS AMENDED, SAID PLAN BEING BASED ON IMPLEMENTATION OF RATE ORDINANCE NO. 10641.- (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 adopted by the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Mayor Suarez: Once again, we appreciate your efforts to get off the ground . one of these very important components of the five •. year plan that, being Washington Heights. 42. AUTHORIZE CITY MANAGER TO READVERTISE (RFP) BID FOR OFFICE CITYWIDE. Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez; Yes, Vice Mayor. Vice Mayor Dawkins: I have two pocket item; I'd like to present please,.:L4it year, 1 pulled off - I mean, last meeting - I pulled off the office supply bid; and I'd like to move that we authorize the Manager to go ahead and put out office supplies for bid. 1 so move, Mayor Suarez: So, moved on the - what was it from lee Vice Mayor bawkinst The office supplies. Mayor Suarez: Just so we can put Contract for office supplies. Ms. Judy Carter: Yes, bid number 9091 -0248. Commissioner Plummer: How much? Mayor Suarezt Roughly? I don't think the Commissioner needS to ki:ow specifically. Commissioner Plummer: See, that's the problem around here. They got too many papers. Ms. Carter: That's true.,. approximately two hundred thousand. Commissioner Plummer: How much? Ms. Carter: Two hundred and six thousand for the entire year. Commissioner Plummer: That's a far cry from ninety thousand. Mayor Suarez: Does that cover - what period of time? Ms. Carter: For the annual. Mayor Suarez: And it's for how many departments? Ms. Carter: All departments. Mayor Suarez: Everything. Commissioner Plummer: That includes the Police Department? Ms. Carter: Oh, yes, sir, everything. Mayor.. Suarez: All right. We have •a motion. Do we have Commissioner Plummer: I'll second it. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Two hundred thousand dollars. The following motion was introduced by Commissioner Dawkins, who moved its adoption: Upon adopted by AYES: NOES: ABSENT; None. None. it on the record and identify it property? sir. Judy Carter, Chief Procurement Officer. It Was MOTION NO 90-888 A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR ,PROPOSALS FOR —CITYWIDE FURNISHING -'OF SPECIFIED AND BALANCE -OF -LINE OFFICE SUPPLIES, AS -NEEDED, ON A'" CONTRACTUAL BASIS FOR ONE 'YEAR, FOR - THE GENERAL SERVICES ADMINISTRATION DEPARTMENT. being seconded by Commissioner Plummer, the motion was passed and the-following Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Al.onso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez 115 �.arac w•r...sar+ysw 43. DISCUSS AND DEFER PROPOSED METROMOVEp EXTENSION. - �.:.�. .rar....air.w' rSiYa�r3r' Y:i4.rr il. r y.irlJ�i�G'YWY�L rii+liN.i.+i. Mayor Suarez: Thank you, Mr. Vice Mayor. Vice Mayor Dawkins: Last, and I also pulled off... Mayor Suarett Yee, Vice Mayor. Vice Mayor Dawkins: I also pulled off the Metromover extension ri e n, ad very unhappy with the treatment we get from Dade County. But been called by three Commissioners who said they'd like to sit down with us and try to work... Commissioner Plummer: I'll move that it be deferred. They have not brought me the information I've asked for. And I think... Mayor Suarez: It was just on an easement, though, this thing. No, it's still deferred then. It's still deferred. as a Commissioner, to ask for the monies were going to come it before, for operating and more important. I'm sorry, Vice Mayor Dawkins: Commissioner Plummer: I think I have the right, a deferment. I asked them to bring n when the I where from and now, more importantly than passed, asked it's and now that the penny P the penny failed. Vice Mayor Dawkins: That's right. Mr. Elbert Waters: If I may, Commissioner Plummer. Commissioner Plummer: And I have not received r that t in f orm ation. office called and said you were going to Mr. Waters: We needed to attain that information from Metro -Dade Commissioner Plummer: That's fine, and when they do, and I o to see I have right to get those answers. But, answers think, as a Vice Mayor Dawkins: I agree with you and let's top discussion and go to the next item. Commissioner Plummer: That's it. - Mayor Suarez: OK, the item is not before us, so Vice Mayor Dawkins: Thank you, Mr. Mayor. we need not act on it. I think your County. have the damnit, I Commissioner Plummer: And, Commissioner Dawkins, I apologize to you but think I have that right, as a Commissioner, to have those answers. Vice Mayor Dawkins: You've been here 20 years, I agree with you. Mayor Suarez: OK. Commissioner Plummer: Twenty-four. Four years on the Zoning Board. 44. (Continued Discussion) AGREE, IN PRINCIPLE, TO MAKE APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR AN AMOUNT NOT TO EXCEED TWO - SIXTHS OP THE BUDGET FOR FY ENDING SEPTEMBER 30, 1991 (DECEMBER 1, 1990 - JANUARY 31, 1991) - COMMISSIONER PLUMMER STATES CONCERN REGARDING DETERIORATION OF DOWNTOWN AND INSTRUCTS ADMINISTRATION TO PREPARE REPORT FOR COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH - ELECT COMMISSION PLUMMER TO CHAIR NEXT MEETING OF DDA (See label 9). • Mayor Suarez: From the morning agenda, Matt, item six, did hopefully, to the satisfaction of anyone any questions that they Commissioner Plummer: Mr. Manager, Mr. Mayor, I have serious the DDA. I am going to say to you that over the past ten estimation, the DDA has raised in excess of ten million dollars. Mayor Suarez: The budget is about a million dollars a year. Commissioner Plummer: Exactly, sir. And I want to tell you, I haven't seen any development downtown. I have seen to the reverse a deterioration of downtown. I went downtown for the last five nights in a row. It looks like a bombed out City. The real question and the bottom line I'm getting to is, what are they doing to develop? They're putting in trees, they're putting in sidewalks, they're putting in riverwalks. What in the hell are they doing to address the main problem and the perception of the downtown of why people are not going there. Crime. Mayor Suarez: The latest effort was the Rangers Program, which already was... Commissioner Plummer: Sir, let me get to that. OK? Mayor Suarez: Which has had an incredible impact. The figures are there and the Manager can give them to you. Mr. Odio: It went from fourteen to one. That's how it... Mayor Suarez: In a relevant period of time, it was... Commissioner Plummer: Mr. Mayor, Rangers. I have done it for five all four were under Gusman Hall talking about whatever they were chitchatting. Mayor Suarez: Under the Commission Awareness Program, they... Commissioner Plummer: I have asked for it, sir. I'm asking for it. Mayor Suarez: They fall under your jurisdiction. Commissioner Plummer: All right, now, I'm saying to you... Mayor Suarez: Can we extend that tour of duty that you've straight days... Commissioner Plummer: Five. Mayor Suarez; ...for the duration of this year? Commissioner Plummer: No, sir, it... Mayor Suarez: And next year, and the year that, to keep Rangers? No, seriously, are the Rangers out there deployed or indicate... Commie loner Aloneo: hours,, I ask you, sir, to go downtown and find the nights. The last time, I saw four of them, without anything going on in Gusman Hall, talking about and they were there standing Wali, according to the merchants, they.; m you clarify, may have had? problems with years, in my done for four an; eye on .the not? The facts Commissioner plummert saying... Mr. Odio: We send you information. Commissioner Plummer: They have two shifts. Mr. Odio: From seven... Commissioner Plutttmert Where Are they? That's Commissioner Plummer: And, you know, here one, OK? I don't know what they're supposed Mr. Odio: Because you're not in charge of the Rangers, Mayor Suarez: We have had... Commissioner Plummer: not get run over. Mr. have with DDA. Mayor Suarez: Yes, it' we don't know exactly.. are constrained a great all I'm asking. Mr. Odiot They are Covered... we send you the information to the from 700 to 7t00. They're not after seven. Commission... Mr. Let me tell you, I had lunch in the downtown last week... Commissioner Plummer: Let me tell you! Mr. Odio: ...and they tell me they're very happy with the Rangers. office Sir, that is what they are scheduled to do. Now, I'm Mayor Suarez: Why aren't they more visible? That's a fair point. Why aren't they more visible? t mean... again, let me give you a better to be doing. Commissioner Plummer: No, I'm not, you're right. I'm a taxpayer in this community. Commissioner Plummer: Let me" tell you, ,I drove downtown last Monday night,. I think it was - the night is immaterial. There was a man laying in the street, completely passed out. Nobody would do anything. I called the. Po,lice Department. Two Rangers showed up and �you'know what they did? They stood over on a corner and did nothing. With a man laying ,in the street, cars whipping around from the Hyatt Hotel at ,a hundred miles an hour,, and,I was ". petrified that` the poor devil was going to get run over and the two Rangers stood there. One was an elderly white male "and a black female. `Now,.I donut, blame' them that they don't want to get involved w ith a man who ie .six f oot;. two, laying in the middle of the street. What are they "for? I mean, are they there to look good? If they're there. Mr ` Odio: But they are not there to lift dead people off the street. They are... Commissioner Plummer: What are'they there to do? Mr. Odio: They did the right thing. If they had moved that person and he was` injured, we would have been in a lot of trouble. Commissioner Plummer: Cesar, human nature says that you would do'more "for a" person laying in'the street with the chances of getting run over than stand on the corner and do nothing! I finally took and parked my car so that the mar} could Mayor, that is insignificant to the problems ::that fI s not a good idea to seize on that particular because .. They do feel, the Rangers do feel that their powers deal. They don't have arrest powers. Commissioner Plummer: If that's the case, then change it :.put I'm saying Mayor Suarez; And, if someone is, for example, sleeping, trot, on the_ streei but sleeping on a, sidewalk, we aro right npw pending suit against us that says.. that S 'cannot'remove sisipin fact they're sleeping on the Sidewalk, .So, . , lie Commissioner Plummer: I didn't even address that, Mr. Mayor. Mayor Suarez: OK. So, I'm just... Commissioner Plutrmert You know, I will tell you without any question, that after 9100 o'clock at night, if you fired a rocket down F'lagler Street and none of the homeless Woke up and came out of the doorways or the garbage cans, nobody would get hurt. Let me tell you that downtown we went and spent a lot of money to put in new garbage containers. You know what? I cannot find a one after 10:00 o'clock at night that hasn't been opened up and all of the contents spread out over the sidewalk. I want to tell you that until I complained to this man, half of the street lights in downtown Miami were not on. It's not his fault. It's his fault that he didn't go check it and he didn't call Florida Power & Light to get them turned back on. On S.W. lst Street, they turned them back on night before last, N.E. 2nd Avenue, no street lights. Is there any wonder that you go downtown and that people are not going downtown? You know and I know the perception is there, but it happens to be one of the safest places in Dade County because there's no one there. The DDA, to my estimation, the only thing they've done to address crime is to spend $50,000 on cameras that don't work. That's the only thing they've done. Downtown does not need pretty sidewalks, downtown does not need more landscaping, downtown needs that they put forth that they're doing something to make it a safe place. Mayor Suarez: All right, you were going to say attractions. How about one that brings in 14,000,000 people a year on the east side of downtown, which is Bayside. One that brings 2,000,000 people a year on the west side which is the Arena. A linkage... Commissioner Plummer: The north side. Mayor Suarez: ...to all of them. North... Commissioner Plummer: Sir, I'm not talking about that. Our merchants... Mayor Suarez: Gusman, 35 events, five years ago, now 200 events. What we do still need is the casual stroller who kind of walks around. We need the shutters to be removed, we've worked awfully hard to get them to remove them. They said they would remove them the moment that we put the police protection in place and these Rangers are a lot more than they ever bargained and I'm wondering, Matt, if we have held the individual who made that promise to his promise to - he said he would, for all the stores that he owned, he had like 200 stores, and I think we all know what we're talking about, that he rents out. The he would accept liability for any thefts the moment that we implemented our plan. We've implemented it beyond his expectations and I'm ready to write him a letter and say, when are you going to deliver? Commissioner Plummer: Mr. Mayor, the point I'm trying to hit home with is, you can spend all the money you want for development of downtown, but until the perception of downtown changes, and that situation is brought under control, people are not going to take businesses to downtown. Mr. Odio: Well, but we have to start by changing the perception here. Downtown right now is very safe. Commissioner Plummer: But what is the DDA doing? We're speaking about the DDA budget, a million dollars a year. Where is that money going except half of it for salaries? Mr. Odio: But, Commissioner, let me tell you something. I had lunch with... last week, I went downtown and the reason they are opening at night is a question of demand. Until the demand is there, they won't open. Now, we have a commitment from Nathan Rock that he will take off the shutters and if any damage is done to the store he would pay for Commissioner Plummer: Cesar, the point... Mr. Odio: ,..but the store owners won't open because there's... We nee d to get Burdine's to open. 119 NQy4m0 Commissioner Plummer: The point I'm trying to make 'to yo iii to setting the priorities of the budget of the DDA.. • Mr. Odio: Oh, well, that's different. Commissioner Plummert To me, the priorities for the next couple of year is to make downtown a safe place to be. They're not spending any of their money in that direction. How much of your money, Matthew, is going for salaries and perks/ About fifty percent or more? Mr. Matthew Schwartz' Commissioner Plummer: Mr, Schwartz: Yes. About fifty percent. Or more. Commissioner Plummer: OR. Then, they're taking sidewalks and trees. Mr. Mayor, I'm saying to you, and I'm saying to this Commission, that money to develop, to make downtown a better place, their money is misdirected. Their money needs to go in to do something. Mayor Suarez: And, by the way, there was no budget at all for specific capital improvements. Commissioner Plummer: None. Mayor Suarez: In 1985 when I became chairman of the Authority, since then we've allocated about a quarter of a million dollars a year based on, by the way, your motion at that time, which I thought was a good motion to make because we weren't too sure that what the state was going to approve continued funding, this being a special independent taxing district. Commissioner Plummer: And who the hell fought it for you? I did and the Florida League of Cities. Mayor Suarez: Right, and many of us. Commissioner Plummer: Mr. Mayor... Mayor Suarez: And, it is an independent, special taxing district. The DDA spends its money trying to convince developers to build. There was one who built, perhaps, a little bit too much and unwisely and maybe that's created a, you know... Commissioner Plummer: Have you been downtown at night? Mayor-Suarez: ...scare mentality down there and then there was another major facility - you just reminded me of it, because your office is in that building - where the principal tenant and the owner, I-guess, of the building is in the hands of federal regulators and that's the CenTrust :Tower: mean, downtown now, compared to five years ago, it's like day and night. I mean, you just said it. Crime is not the problem, the problem is to create . sufficient attractions that people will go there at night. That is, assuming, of course, that one considers it a very valid purpose that people be downtown at night. Other people might think it's a good idea for them •tobe at home asleep. I don't know. But, the Downtown Development Authority is thereto promote development and, you know, that's his daily task and that of hits and his staff and they work awfully hard at it. Mr. Odio: May I suggest something? Maybe what did I need to do is a workshop so that they understand what they're doing. Commissioner Plummer: Mr. Mayor, Mr. Manager... Mayor Suarez: I have offered, by the way, CommissionerPlwnmer, switch' with you, at least on a one meeting basis, or however many meetings you want, so that I would go to the Bayfront Park Management Trust and you would - go to the DDA because, you know, I need to know more about your trust •and-•you neid to' know more about the DDA. Commissioner Plummer; 1 I'm asking here today allocated. If, in fact, to pay for it, so be it. truthfully don't want either one. Mx, . Mayor' what in this budget is that some of their monism h0 it's for policemen for downtown and their nieniee ere But I think that we have got to do something bec i i o 120 they're not going to get any development without that situation changing. And I'm just Baying, whether its ten percent of their budget or 15 percent of their budget, needs to address the problem. You don't have to be with 20/20 vision to see it. Just drive down there. Mayor Suarez: But for capital improvements or for... Commissioner Plummer: Mr. Mayor, that we can portray to the public that the b1A is addressing the problem. That's what I'm saying. Now you all do what you want. I beg of you to go downtown after 10 :00 o'clock at night. Mayor Suarez: Well, Commissioner Alonso tells me she's been talking to the people' and negotiating the possibility of the removal of shutters. The rest of the elements and components are in place for that to happen. Beyond that... Commissioner Plummer: Mr. Mayor, they are not going to remove those shutters because of glass insurance. Because every once in a while, you get a guy going down the street with a bucket he just breaks every one of. them. Mayor Suarez: The man who owns most of those is going to guarantee to them their loss in a written document. Commissioner Alonso: He's going to guarantee that. Commissioner Plummer: I would like to see part of their budget set aside to address the problems of the downtown area as it relates to crime. Now, if my colleagues don't agree with me, then, you know, I'm saying that for .my. on DDA budget... - Mayor Suarez: Why don't you hold off... Commissioner'Plummer: A part of that budget has got to be... Mayor Suarez: Yes, why don't you approve some percentage of the budget can keep functioning and we'll bring you back a plan on that? To see satisfies him. Commissioner Plummer: I'll be glad to move 2 /6ths of their budget. Mayor Suarez: It may be that most of what you're proposing is something that is either in the works or has been tried and been ineffective. I remember the cameras, television cameras, the day... Commissioner Plummer: They don't work. Mayor Suarez: ...that we approved it. It seemed like a good idea, but,I remember Commissioner De Yurre saying that we're probably going to photograph or film some guy's face getting bigger and bigger and bigger as he_got closer and closer to it with a screwdriver, taking if off-,: and. taking it home with him. Commissioner Plummer: It's my understanding, they're not working.. Is:that correct? Mayor Suarez: Which h thought was one of the more - humorous in. the history of the City of Miami, that whole description. Commissioner Plummer: Am I correct? The fifty... Commissioner De Yurre: Till it happened. Commissioner Plummer: And it's been..., Mr, Schwartz; They review them in the Police Department. Commissioner Plummer: The $50,000 camera project is not working. correct? Mr. Schwartz :; As of now, it's not effectively working, they're aupposed move it with... Commissioner Plummer: And two years ago is when we approved it to put it in Mt. Schwartz s I believe so. Commissioner Plummer: YOS two years. Mayor Suarez: Is that DMBA's doing that? Mr. Schwartzt That's the Downtown Miami Business Association. Commiesiofter, I just want to point out one thing that property owners downtown have taxed themselves, through a special assessment district, 050,000 a year... Mayor Suarez: On top of the DDA. Mr. Schwartz t ...to pay for the Ranger program. We are working with the property owners, there's a committee representing them to try to straighten and make some improvements and the Police Department on the Ranger program. As far as the DDA budget, there is a quarter of a million dollars and the bulk of that money is going to its marketing activities to help change the image of downtown to relay the image of a safe place. Downtown, as of now, during daytime, is bustling. Flagler Street... Mayor Suarez: Saturdays, Sundays... Mr. Schwartz: Flagler Street had the best year, it's up 18-20 percent, a lot of the stores, due to the... Commissioner Plummer: Except for the panhandlers downtown during the daytime, is strong. I grant you that. OK? Mayor Suarez: And by the way, 1 don't know if you've noticed, the windshield washers are basically gone. Commissioner Plummer: Well, and they were not within the heart of downtown, which I'm basically speaking to Mr. Mayor. Mayor Suarez: Well, but the... OK, the DDA boundary goes all the way up to Omni and how far south on Brickell? Mr. Schwartz: It goes down to south - 15th Road. Commissioner Plummer: Fifteenth Road. Mr. Schwartz: The DDA board... Commissioner Plummer: There's no Rangers up there at all. Mr. Schwartz: We'd be glad to work with you and correct some of these issues. Mayor Suarez: All right, is that in the form of a motion so we can get on to the other items? We've got folks here on other items. Commissioner Plummer: That's fine, sir. I'll move 2/6ths of their budget. Mayor Suarez: And, I think implicit in that motion is that he will chair the next meeting of the Downtown Development Authority, please. And - would you? Commissioner Plummer: Be happy to, if I'm in town. Mayor Suarez; Thank you. Commissioner Alonso: Second. Mayor Suarez: Thank you. Any discussion? Commissioner De Yurre: Two-sixths...? Mayor Suarez; Yes, 2/6ths, Right. Call the roll, 122 •,- AYES: MOTION NO. 90 -889 Commissioner Victor De Yurre Commissioner J._L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Schwartz: Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: A MOTION APPROVIN6 TWO SIXTHS (2/6) or THE DOWNTOWN DEVELOPMENT AUTHORITY BUDGET FOR FY 90.91. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: Mayor Suarez: Item 33, I think, is the, next one. Commissioner Plummer: Mr. Mayor, may I add to that, every year, Mr. Manager, we've asked you to give us a copy of a plan of what you're doing with the police in the downtown area during the month of December. Mr. Odio: OK. Commissioner Plummer: That's when most merchants make' It or break it and I would like to see a report of'what yougplan on doing to safeguard the downtown during the month of December. Mayor Suarez:.- Would you give us a report too on•the - retail- sales that you just referred to in downtown, Flagler ?' Bayside tells me they're up 18 percent this year, in the last two months, 30 percent, in case anyone from the media wants to take anything that positive, which I.doubt. Mr. Odio: Oh, no, those are good news. Mayor Suarez: OK, 33. Maybe Miami Today. UNIDENTIFIED SPEAKER: We already wrote it. Mayor Suarez: Yes. Give it another headline. 45. ACCEPT BID: M. VILA AND ASSOCIATES, INC. (BASE BID) - FOR LOCAL DRAINAGE PROJECT E -65 (CIP NO. 342275) - EXECUTE CONTRACT. Mayor Suarez: Item 33. Commissioner Plummer: Move it. Mayor Suarez: Moved, Commissioner Alonso; Second. Mayor Suarez: Seconded. Any discussion? Vice Mayor Dawkins; Under discussion again. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: Somebody explain me again why you $1,107,025 and the projected cost is $1,294,6$2. Dr. Luis Prieto: Basically, we have written in such a way that in the resolution it reads, what the base bid price is. However, the total cost of the project includes the construction, plus the design of it, blueprints, advertising, testing, postage, et cetera. And in that way, the total cost is reflected in the heading of the resolution. And it's for informational purposes. The contractor actually, as you can see in the spreadsheet that shows the bid price, the contractor earns $1,107,025 for this Commissioner Plummer: Commissioner Dawkins, I asked that that be done so the public know the true cost of the project, including all incidentals. The one million, two ninety -four includes everything that is the cost of the project. Vice Mayor Dawkins: No further questions. Mayor Suarez: I'll entertain a motion on 33. Do we have that already? Commissioner Plummer: I moved it. Mayor Suarez: Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90 -890 A RESOLUTION ACCEPTING THE BID OF M. VILA AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $1,107,025.00, BASE BID OF THE PROPOSAL, WITH A TOTAL PROJECT COST OF $1,294,682.00 FOR LOCAL DRAINAGE PROJECT, E -65; WITH MONIES THEREFOR ALLOCATED FROM THE 1991 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 352275 IN THE AMOUNT OF $1,294,682.00 TO COVER THE PROJECT'S COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following votes AYES: NOES: None. ABSENT: None. Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOTE FOR THE RECORD: at this point, agenda item 34 was withdrawn by Commissioner Alonso. 124 . L r..i.fY Gil Yl V il.i�i.f W.W �., iL�W.J Jw.iY - • Mr. Jorge Fernandez: That would be item 36. Mr. Odio: Thirty -six. Mayor Suarez: OK. 125 -- 4- - - - - -- 46. AUTHORIZE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO RRFLECT PROPOSED ALLOCATION OF $225,000 FOR A COMMUNITY DEVELOPMENT FLOAT LOAN (1900.91 PROGRAM 'YEAR) - DIRECT CITY MANAGER TO BRING BEFORE THE COMMISSIONER ALL AGREEMENTS FOR PROPOSED LOAN TO MIAMI MENTAL HEALTH CENTER. Mr. Odio: Thirty -five is made an amendment to approve 16th year CDBG program final statement to U. S. HUD to reflect a proposed allocation of funds in amount of $225000 for a CD float loan to Miami Mental Health Center. Mayor Suarez: I understand that the amount has to be up to a certain amount so that they be sure to have the letter of credit that's required by federal guidelines. Is that correct? Mr. Fernandez: Actually, you have item 35 and 36 that are companion items. In 35, all you're doing is increasing the appropriation, or actually, the allocation, from one budget to another and then in 36 is where you actually then enter into the contract. Mayor Suarez: The funds are from HUD? Mr. Frank Castaneda: Community Development. Mr. Fernandez: From Community Development to the Housing. Mayor Suarez: OK, Community Development, but they're not HUD administered? Mr. Castaneda: They are HUD administered. What we're doing is that this is a new project and, therefore, we have to have a public hearing and that's what the first part... Mayor Suarez: OK, does anyone wish to be heard against this? For _myself, if I'm going to vote with the motion and just say this is one of times that I've seen a very worthy organization take advantage of this. In the past, .. we've had the problem that they can't come up with the letter of credit and I know you're still having a tough time getting it up to the full amount. Good luck, it's a magnificent health care organization. It's been in Miami for, I don't know how many years. We commend you for it and - I was going to say something else, but I'd better not - anyhow... Ms. Olivia T. Martinez: Thank you. Mayor Suarez: ...I'm proud to have been associated with it ten, fifteen years ago as your pro bono lawyer. Ms. Martinez: Thank you, Mr. Mayor. Mayor Suarez: Do we have a second on that? Commissioner Alonso: Of course. Mayor Suarez: Thank you. Any discussion? If not, please call the roll. Commissioner Plummer; Hell, I hear the Mayor's an escapee, The following resolution was introduced by Commissioner Plummer, who moved its adoption: AYES: NOES: None. ABSENT: None. 1 RESOLUTION NO. 90 -891 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED SIXTEENTH (16TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO THE U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO REFLECT A PROPOSED ALLOCATION OF FUNDS IN THE AMOUNT OF $225,000 FOR A COMMUNITY DEVELOPMENT "FLOAT LOAN" DURING THE 1990-91 PROGRAM YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO REFLECT A TECHNICAL INCREASE IN REVENUES BY SAID AMOUNT PLUS INTEREST ON SAID AMOUNT AT THREE PERCENT (3%), FOR A PERIOD OF ONE YEAR; FURTHER DIRECTING THE CITY MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO BRING BEFORE THE COMMISSION FOR ITS REVIEW AND APPROVAL ALL NECESSARY AGREEMENTS FOR A PROPOSED LOAN TO THE MIAMI MENTAL HEALTH CENTER TO ASSIST IN LAND ACQUISITION FOR ITS HUD SECTION 202 HOUSING PROJECT. (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: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez 47. CONDITIONALLY AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH MIAMI MENTAL HEALTH CENTER TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN ($225,000) - FOR HUD PROJECT FOR HOMELESS AND DISABLED PERSONS. Mayor Suarez: Item 36, is the related item. Commissioner Plummer: Move 36, the companion. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? Mr. Jorge Fernandez: Yes, and in that item, to make sure the record is clear, we're just changing it slightly to reflect, in an amount not to exceed $225,000, to make sure that then we're able to lend an amount proportionate to the letter of credit that they'll be able to obtain. Mayor Suarez: Moved and seconded. Call the roll. 126 Novembor AYES: The following resolution was introduced by Commissioner Plummet, who moved its adoption: A RESOLUTION, WITH ATTACHMENTS, CONDITIONALLY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE MIAMI MENTAL HEALTH CENTER TO PROVIDE A COMMUNITY DEVELOPMENT "FLOAT LOAN" IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE IRREVOCABLE LETTER OF CREDIT TO BE PROVIDED AS COLLATERAL FOR SAID LOAN WITH SUCH LETTER OF CREDIT TO BE SUBJECT TO APPROVAL BY THE CITY'S FINANCE DIRECTOR, BUT IN NO EVENT TO EXCEED $225,000 AT THREE PERCENT (3%) INTEREST RATE FOR A PERIOD OF ONE YEAR, FOR THE PURPOSE OF ASSISTING IN THE ACQUISITION OF LAND REQUIRED TO IMPLEMENT THE CENTER'S HUD SECTION 202 HOUSING PROJECT FOR HOMELESS AND DISABLED PERSONS; CONDITIONED UPON HUD APPROVAL AND UPON RECEIPT OF THE IRREVOCABLE LETTER OF CREDIT DESCRIBE ABOVE. (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: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: , None. ABSENT: None. Ms. Martinez: Thank you very much. 48. (A) EMERGENCY ORDINANCE: DECREASE APPROPRIATIONS FROM 15TH YEAR CDBG PROGRAM FUNDS TO CAPITAL PROJECT ENTITLED "MODEL CITY LAND" (Project No. 321039) - REALLOCATE FUNDS TO OTHER CDBG PROGRAM ACTIVITIES. (B) REALLOCATE FUNDS (15TH YEAR CDBG) TO ST. JOHNS COMMUNITY DEVELOPMENT CORPORATION CONCERNING CONSTRUCTION OF AFFORDABLE RENTAL HOUSING IN OVERTOWN. Vice Mayor Dawkins: Thirty - seven. Mr. Odio: Thirty -seven is again to amend the CIP ordinance by decreasing the appropriations for the project entitled Model City Land Acquisition in the amount of $365,250, said decrease being made in funds available from 15 year CDBG programs funds. It is recommended that these monies be earmarked by the Commission to provide a project development equity grant" to St, John's Community Development Corporation to assist in part it 'financing - the construction of the 35 -unit affordable rent and housing project plan in the Overtown neighborhood. Commissioner Plummer: Move it, Commissioner Alonso: Second. RESOLUTION N0. 90-892 Mr. Jorge Fernandez; This item, I understand, is coming to you, although in the agenda it we announced as a first reading, my understanding is that it is to be called AP an emergency reading. Commissioner Plummer; Justify the emergency. 'T :_. 127 Mr. Pernandett Where is Mr. Hepburn? Mr. Odio: They need to build it right away or they will lose funds. Vice Mayor Dawkinet .1'uatify the emergency. Mr. Odio: The needs of the community to have this project built. Vice Mayor Dawkins: The emergency is that they have to have where is Reverend Davie? UNIDENTIFIED SPEARERt , sir. Vice Mayor Dawkins: Where is the letter stating you guys had to have this in by the 12th? Read it to us. Mr. David Days: David Days, from 1324 N.W. 3rd Avenue. "Dear Mr. Days, 1 understand that the above captioned project has become eligible for real estate and credit underwriting under low income housing tax credit program as administered by the Florida Financing Agency. As underwriters for the agency, we are hereby requesting the following supplemental documentation to this application submitted to the agency. Number one, a firm commitment from the City," pardon me, "...a firm commitment for this grant funding of $365,250 to be provided to the City of Miami," and it says... Vice Mayor Dawkins: Now read the last one. Mr. Days: "Please submit the foregoing by Monday, November 12th." We just got the notice on this yesterday. Vice Mayor Dawkins: So that makes the emergency. They got to get this . in there. Mr. Fernandez: So, as an emergency item then, if it passes an emergency item, we have, in anticipation of that, prepared a resolution that would then allocate the funds that are being appropriated in this ordinance. Commissioner Plummer: Well, do it. I moved it. Vice Mayor Dawkins: • And second. Call the roll. AN ORDINANCE ENTITLED- Was introduced by Commissioner Plummer and seconded.byoCommissioner Alonso, for adoption as an emergency measure 'and` 'dispeniins with the requirement of reading same on two separate days, which was'agreed to by the vote: AYES: NOES; None. AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10782, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE ADOPTED SEPTEMBER 27, 1990, AS ~ AMENDED, ''`BY DECREASING THE TOTAL APPROPRIATIONS TO CAPITAL PROJECT ENTITLED "MODEL CITY LAND," PROJECT NO. 321039, IN THE AMOUNT OF $365,250, SAID DECREASE BEING MADE IN FUNDS AVAILABLE FROM FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS,'- REALLOCATING AND APPROPRIATING SAID FUNDS FOR THE "PURPOSE OF UNDERTAKING OTHER COMMUNITY DEVELOPMENT BLOCK 'GRANT PROGRAM ACTIVITIES IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PRQVIDING AN EFFECTIVE DATE. Commissioner J. L. Plummer, Jr. Commissioner Miriam Alone() Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ASSENT; Commissioner Victor De Yurr+e Whereupon the Commission on motion of Commissioner Plummer and seconded by Commit:sifter Alonso, adopted said ordinance by the following vote: AYES: ROES: Nai0. AtSENT: Commissioner Victor De Yurre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10812. 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. Vice Mayor OK, now, wait now. What do we have to do? Mr. Fernandez: Then, Mr. Mayor, there is a resolution that follows that and the resolution reads. THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: We needed a movant or... Mr. Foeman: Yes. Vice Mayor Dawkins: Under discussion, I think, Mr. Mayor, we need to point out that this money is being reallocated from the Model. City's Program to go into the Overtown program where everybody is saying we aren't doing anything and this is to clear out a blighted area right across the street from St. John's church, which means that we are moving in the direction of spending some of this money in the blighted areas. Mayor Suarez: As requested by the community.... we'heed a movant We nee:fa mo ti on : and a second. Moved by CoMmissioner Dawkins. Commissioner.Plummer: You did, 1 moved.it... Commissioner Alonso: Yes, we did. Mayor Suarez: Seconded, Commissioner Alonso. Call the roll. The following resolution was introduced by Commissioner moved its adoption: '- Commissioner 3, L. Plummer, jr. Commissioner Miriam Alonso Vide Mayor Miller Dawkins Mayor Xavier L. Scares A RESOLUTION REALLOCATING APPROXIMATELY $365,250 IN FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING IN SUPPORT OF ST. JOHN COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE A PROJECT DEVELOPMENT EQUITY GRANT IN CONNECTION WITH ITS FINANCING AND CONSTRUCTION OF A THIRTY-FIVE (35) UNIT RENTAL HOUSING PROJECT AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS IN THE OVERTOWN NEIGHBORHOOD; SAID FUNDING BEING MADE AVAILABLE BY THE REDUCTION OF THE APPROPRIATION FOR CAPITAL IMPROVEMENT PROJECT ENTITLED "MODEL CITY. LAND ACQUISITION," PROJECT NO. 321039 IN A LIKE AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND ST, JOHN COMMUNITY DEVELOPMENT CORPORATION IN CONNECTION WITH SAID CORPORATION'S PROPOSED RENTAL HOUSING PROJECT PLANNED' IN THE OVERTOWN NEIGHBORHOOD, (Hero follows body of resolution, omitted hero and 911 - file in the Office of the City Clerk.) •.. RESOLUTION NO. 90-893 429 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Plummer moved it. Commissioner Plummer: Yes, I moved it. Imoved it. Yes, I vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: OK, that didn't require 2 /5ths - ah 4 /5ths or second reading. Mr. Odio: Mr. Mayor... Commissioner Plummer: No, the previous one did. Mayor Suarez: OK, Commissioner Alonso has a couple of items before we go to the afternoon agenda quickly. Commissioner Alonso: Yes, I have. 49. Discussion) EXECUTE AGREEMENT -WITH PROPERTY OWNERS FOR ACQUISITION OF (a) PARCEL NO. 11 -01 AND 11 -14 -02 WITHIN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA; .AND (b) PARCEL NO. 05 -61 -03 WITHIN - MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA - FOR DEVELOPMENT OF AFFORDABLE HOUSING (See label 21). Mr. Odio: I think we had a morning item,.number 20, if I remember that... Commissioner Alonso: Twenty, yes, I'm going there. Mr....Odio:- ..Little Havana properties that we needed to buy to develop some... Commissioner Alonso: Yes, that one... Mayor Suarez: OK, Commissioner Alonso. Commissioner Alonso: ...do you want to take that first? Mayor Suarez: Surely. Commissioner Alonso: OK, I had some problems, now it .been resolved - an don't have any problems. Commissioner Plummer: Is that the two parcels? Mr. Odio: Yes. Commissioner Alonso: Yes. Commissioner Plummer; OK, I only have a question. The Mayon brought up good point it the last meeting. Is this in oonJUnCtiQ .,w thi ..i c i.i Center? ,• ter. J-sf#, Hepburn: No it's a separate project. Commissioner Plummer: Where is this? Commissioner Alonso: Fourth and 3rd Street, across from the Miami.... Mr. Odio No, I got the address here, 427 S.W. 3rd Street, 459 S.W. 3rd Street, and 1603 N.W. 60th Street. Commissioner Plummer: Sixteen oh three? Mr. Odio: N. W. 60 Street. Commissioner Plummer: Six, zero? Mr. Odio: Six, zero. Commissioner Alonso: Um hum, that's one. Mr. Odio: That's one. The other one is 427, that's in east... Commissioner Plummer: Well, wait a minute, wait a minute. Two of them are in Little Havana. Mr. Odio: East Little Havana. Commissioner Plummer: One of Model City. What the City is contemplating buying these. Mr. Hepburn: Exactly. Mr. Odio: Yes. Commissioner Plummer: And what are we going to do with them? Mr. Hepburn: We're either going to develop ourselves, the City, or we're going to, hopefully, bid it out to a nonprofit that do... Commissioner Plummer: Do you have the money to do it? Mr. Hepburn: We have .the money to acquire, yes. Commissioner Plummer:. Is there any relocation involved? Mr. Hepburn: None at all, they're all vacant. Commissioner Alonso: No, vacant lots. Commissioner Plummer: Thank you. Mayor Suarez: OK... Commissioner Alonso: Iso_ move. Mayor Suarez:. So moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Remember, Jeff, when you get to the point of seeking the nonprofit developers and not to delay things in any way. If you have somebody interested and somebody out there with financing ready and great plans, but, otherwise, involve the Commission so that we, and the 'radio programs and in other ways, make sure that the world knows about this. lie don't want people to think that there are certain nonprofit developers who are; , ; .`. particularly hooked in here or linked up with us and that other people are excluded in any way. Commissioner Plummer; Can I see the *nap on this? Mayor Suarea: Like to promote and so people know that these thin 8; are , bit done. I mean, it's a great system that we're implementing. Mrs. Hepburn: 1 v411, Mayor Suarez: All right, moved and second, any discussion? Commissioner Alonso: 'Yes. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: AYES: NOES: None. ABSENT: None. RESOLUTION NO. 90.894 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY OWNERS FOR ACQUISITION OF TWO PARCELS (PARCEL NO. 11- 01 AND 11-14-02) WITHIN THE LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA AND ONE PARCEL (PARCEL NO. 05- 61-03) WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B ", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE MODEL CITY /LITTLE HAVANA DEMONSTRATION PROGRAM; ALLOCATING FUNDS FROM THE 10TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE MODEL CITY /LITTLE HAVANA DEMONSTRATION PROGRAM, PROJECT NO. 321025, INDEX CODE 579102 FOR ACQUISITION OF THE SUBJECT PROPERTIES; AND AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF THE 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 Plummer, the resolution was passed and adopted by the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Mayor Suarez: In theory, the idea is by having nonprofit developers, you cut about 20 percent off the price and make it affordable to people slightly less able to pay and that theory didn't seem like it would work because you thought they weren't going to be as efficient as for profit, but it worked out to be pretty efficient. And we're pretty efficient when Commissioner Plummer doesn't talk so much. Yes, Commissioner. Commissioner Plummer: Yak, yak, yak. 132 Nova mbe �. amrb�ii►. wriau�.sr.nae.r.c.�aas.....u,r: rrauyn�rr ..r..�6..:�t.:r.sertl.s.=r.. ....... ___ ._. - :. .. .. ., .. _. _ _ .. ._... .. .. 50. DISCUSSION CONCERNING TREES WHICH HAD - BEEN REMOVED ILLEGALLY FROM THE DEGARMO ESTATE. Commissioner Alonso: Well, I have two things. The first one is in reference to DeGarmo Estates development. And I'm sure all of you have heard a lot from both sides. I'd like to instruct the administration to negotiate a final agreement between the developer and the neighbors and to meet and I believe everyone is in agreement on this issue and try to finalize this problem. Mr. Sergio Rodriguez: OK... Mayor Suarez: We're going to have a take a very - I think what the Commissioner is trying to say, is were going to have to take a very active role in this because it sounds to me like from hearing one side, it sounds like the old chain saw massacre or something. Commissioner Alonso: Well, Mr.... Commissioner Plummer*: And they deferred it. 133 Commissioner Alonso: What's happening to me is, I'm receiving phone calls, letters. I'm meeting with these people... Mayor. Suarez: I'm referring all the ones I get to you, that's... Commissioner Alonso: I don't know how many times and unless the administration sit with the neighborhood people and also... Mayor Suarez: At the highest level. Commissioner Alonso:. ...the developer and say, hey, let's get together and resolve this .problem once and for all. Mr. Rodriguez: OK, we have been meeting with them and that there have .been :.a lot of cases before the Code Enforcement Board. What I think they are talking about now is they are trying to see whether they can come to,an - agreement with all the parties involved so there will be no more . accusations that this is being done or not done. So, what I will set up is a meeting next week with all the people from the Grove which are opposing the cutting of trees, the alleged cutting of trees, and Mr. Cacciamani and his lawyers. Mayor Suarez: They mayehave to even mark the trees along the border there so that people know which ones we're talking about. Mr. Odio: Yes, what I don't understand, I've seen what happened and how do we replace the... they've been cut. Mr. Rodriguez: Well, we will find a- solution. •-1 think'- there can be solutions, some things you cannot resolve. - Commissioner Alonso: Mr..Manager,-let them get together and find a solution. I don't think that we have to continue getting involved everyday on little - pieces of it. I think: if we get together, I'm sure we will -agree andfind a solution -to -the problem. Commissioner Plummer: Let me- just ask one question for the record.-.: Did-I not read somewhere where this matter was back before the Zoning Board? Commissioner Alonso: Yes. Mr. Rodriguez: That's a different issue. Commissioner Plummer; I'm sorry? Mr. ''Rodriguez; That's a different issue, What is before the Zoning Board. that was last Monday. Mr. Rodriguez: They deferred. That was an appeal to the decision made by the zoning administrator that the plans that they submitted for the rest of the development, they were not submitted before the September 4th deadline. So, they are under the new zoning ordinance and he wanted to be under the.oid ordinance. Commissioner Plummer: All right, then, for my clarification, What my colleague is speaking to is the problem around the trees is a separate and distinct issue. Mr. Rodriguez: It's a different issue. Commissioner Alonso: Oh, yes. Yes. Mr. Rodriguez: Separate and distinct from that issue. Commissioner Plummer: OK. Mr. Rodriguez: The issue of the trees have been before the Code Enforcement Board on different occasions and it will be again probably, if we found there is another violation that we... Commissioner Plummer: And at this point, how much fine has built up from the Code Enforcement Board? Mr. Rodriguez: From them? Commissioner Plummer: Against them. Mr. Rodriguez: The Code Enforcement Board gave them in the first case that they had, they came in compliance before the case was heard which was when he had an illegal use of the property, so there was only the fine of the administration fee of the hearing because he wasn't heard. He came in compliance. He removed everything that he had there. In the second case, there was a performance bond that was stipulated for the property and the application - the applicant has to be in compliance by November 28th or else there will be a $250 fine per day per tree per violation. Commissioner Plummer: Are we not - is there not a hearing before Enforcement about the cutting of the trees? Mr. Rodriguez: There have been two of them. Commissioner Plummer: There have been two of them. Mr. Rodriguez: Um hum. Commissioner Plummer: OK. Mr. Rodriguez: And there might be a third one if we find that there is a problem where there wasn't. Commissioner Plummer: And they have been found guilty? Mr. Rodriguez: In one case... in the second case, they were found guilty. They accepted the stipulation and they agreed to a bond. Commissioner Plummer: A bond for what? What I want to know is how much fine is imposed? Mr. Rodriguez: Two hundred and fifty dollars per day if they don't come in compliance by November 28th, Commissioner Plummer: What the hell does that mean? I mean, are they going to get a fine or they're not going to get a fine? Mr. Rodriguez: If they come in compliance... Commissioner Plummer: See, this is exactly what I'm trying to tali .the. members of this Commission. Mr, Rodriguez: Secayse what Le going to happen is Chia,.. Commissioner Plummer: OK, they're guilty, all right? Commissioner Plummer: They don't have no... excuse me. They don't care. You know, the only thing that they're going to understand - not this one, but all cases is when you hit their in the pocketbook. And if you don't hit them in the pocketbook, they're not going to listen. And I'm saying to this Commission, time and time and time again, Code Enforcement says now, it you'll be a good boy, we're not going to put on the fine. Mr. Rodriguez: Well, in this particular case, this is a difficult issue from a legal point of view... Commissioner Plummer: It's not difficult, no, no You see... Mr. Rodriguez: From a legal point of view. Commissioner Plummer: Don't make excuses for them. Mr. Rodriguez: No, I'm not making excuses. Commissioner Plummer: Did they cut the trees or did they not? Mr. Rodriguez: They did. Commissioner Plummer: OK, they're guilty. Mr. Rodriguez: In some areas. Mr. Rodriguez: Um hum. Commissioner Plummer: Now, as far as I'm concerned, that should be $250 a day until they come in compliance. That's when you're going to make them listen to you and you're going to stop this stuff in the bud. If you just be nice boy, pat them on the hand and don't do it no more, you might as well .dissolve the. Code Enforcement. Mr. Rodriguez: There have been other cases, Commissioner Plummer, when there is a violation is for example, a building is encroaching in a setback, the way to solve that is by demolishing the portion that is in the setback. .:When : .you . cut . tree, you cannot put it back. Commissioner Plummer: Oh, sure they.. can. Mr. Rodriguez: Because you cannot replace a.tree.. Commissioner Plummer: Oh, no, no, they can replace it with another,. tree, Mr. Rodriguez: You cannot replace, in some cases. Commissioner Plummer : How much fine have they received to date? Vice Mayor Dawkins: Nothing. Mr. Rodriguez: I don't know exactly, I believe it's $250 per day :._.,.after November 28th. Commissioner Plummer: No, no, no. ,Vice Mayor Dawkins: Well, why... wait a minute, wait a minute, .l,L.... Commissioner Plummer: Since the day they were found guilty,,how ; muck they been fined? Yice,Mayor Dawkins; No, J.L., Cormiseiomer Plummer; Nothing! Mr,.Rodriguez; Fifty and fifty. `'' Vice Mayor Dawkins; slow many days.. . Commissioner Pluiniter: How much? Mr. Rodriguez: Fifty dollars in two different cases. Vice Mayor Dawkins: Why haven't they been fined from the day they cut the tree,•why weren't fined each day? Commissioner Plummer: Exactly what I'm saying! Vice Mayor Dawkins: That's what I want to know. Mr. Rodriguez: You have to go through due process according to the laws that we have Commissioner Plummer: Wait a minute, due process, they were found guilty. Is that correct? Mr. Rodriguez: And they have to be given a period of time to try to comply. Commissioner Plummer: Why? Vice Mayor Dawkins: OK... Mr. Rodriguez: Because that's due process. Commissioner Plummer: If I go before a judge for speeding and he finds me guilty, is he going to give me 30 -days for due process? Mr. Rodriguez: Well, let the Law Department... Commissioner Plummer: I'm going to pay him or he's going to put my butt in jail. Vice Mayor Dawkins: But, let:me ask a question, J.L. 'You said that go through due process, they were - found guilty, they're fined until they °put the tree back. Commissioner Plummer: Nol No, no, no. Vice Mayor Dawkins: I mean, no, no, and he's telling me that you don't have to put the tree back. You do have to put the tree back. I mean... Commissioner - Plummer: Oh, you can transplant a tree. Mr. Rodriguez: What happens with this is that they are given some time to try to mitigate the effect of cutting that tree. Now, when you cut a tree that is 36 inches in diameter, for example, you cannot find a tree to replace that that simply, so you give something in return. You mitigate for that. Vice. Mayor Dawkins: All right, OK, then... All right, now how do'. you mitigate as to the value of the tree being 36... Mr. Rodriguez: Inches. Vice' Mayor Dawkins: ..—inches in diameter, how long . it took it ' to grow : and what,— that's the way we negotiate. We don't negotiate on a 12 inch pine: - tree. Now, when you guys decide to settle this, must it come to .the,' Commission? Does it have to come to the Commission? Mr: Rodriguez: I'm sorry. Vice Mayor Dawkins: you guys, when the department negotiate •t it.have to come'to the Commission? Mr. Rodriguez: That is .a decision made by the Code Enforcement Board' and, <no; it doesn't come to the Commission, The Code Enforcement Board maim the decision at the end. Commissioner Plummer: I'm telling you, the Code Enf cloud Mr. Rodrigues: I don't agree with you, Comoiseionor. 136 Vice Mayor Dawkins: Well, let's dissolve it Mr. Rodriguez: I don't agree with you. I think they're doing an excellent job, Commissioner Plummer: Rey, ghat are they doing? They're hearing 90 cases,., Mayor Suarez: I think we're going to hear one today, aren't we, there's been an application of a $250 fine for I don't know how many days in Which we're going to find just how much clout there is. In fact, they're going to try to argue that. Commissioner Alonso: Two hundred and fifty dollars a day.,.. Commissioner Plummer: You know, let me give you a classic example,.. Mayor Suarez: It's a lot of clout if you use it wisely. Commissioner Alonso: Really. Commissioner Plummer: Mr. Mayor.., Mayor Suarez: And, remember their concern before was to get them to handle all these cases and now they're doing it. You know... Commissioner Plummer: Mr. Mayor, I will once again, as I have for six months, bring home to you the case of a dentist - I think it's a dentist, it's a medical doctor - at 1603 S. Bayshore Drive, who is totally in violation and has not, to this day, paid a fine. He has not moved and the Code Enforcement says, now, you be a good boy, you start looking. You know how hard he's looking? Vice Mayor Dawkins: But, you see the other part of it is, people like the DeGarmos, like the doctor that J.L. was talking about, they get away scot free. Commissioner Plummer: Yes, the poor guy can't... Vice Mayor Dawkins: Then come another little guy who's struggling along can't hardly make it and he violated something and he gets fined. Mr. ,Rodriguez:, If we were to go to which is an option that is left; understand that the maximum fine that could be imposed for.Ia tree_is Mr. Odio: Well, you see... Commissioner Plummer: So, why wasn't it? Mr. Rodriguez: Because we haven't gone to court yet. We're trying to exhaust all administrative procedures first. Vice Mayor Dawkins: Who determined that the tree is worth $5,000? Mr. Rodriguez: An ordinance in the County or the City. Vice Mayor Dawkins: I beg your pardon? Mr. Rodriguez: An ordinance that give you a maximum fine.- In the County there is a maximum fine, I believe, of $25,000, but I don't know: whether that fine could be applied to the City. The only thing I can tell you is, based on your direction, we will meet with both sides again. There are all kinds of allegations as to trees being cut or removed without a permit and 1' thi.nk that maybe by getting together again in one room, see if we can come to e4 agreement. The violations are going to continue. The ones that have been done there. It's going to take its course and the Code Enforcement Board is going to look at them and if they decide to impose a fine, they will Impose - a . fine. Vice Mayor Dawkins; Can we hold up the CO until we are. ea Mr. Rodriguez: Sure. Vice Mayor Dawkinst 1 beg your pardon? Well, say it out loud! 1 mean, donit be.., Mr, Rodriguez: 1 want to make sure, Commissioner Alonsot Rut, it should be the rule. We cannot give a CO if We are not satisfied. Mr. Rodriguez: Well, 1 believe so. Vice Mayor Dawkinst That's right, Commissioner Alonsot That's a yes. Vice Mayor.Dawkinst Thank you, that's all we have to do. Mr. Odio: Commissioner... Commissioner Alonso: Please! Mr. Rodriguez If it is satisfied on that particular property, I'm not sure if you can .hold a CO for the whole site... Commissioner Plummer: You are so far off on that property, from a CO. How long do you anticipate the CO? -a year? Mr. Rodriguez: A year, so that won't help. Commissioner Alonso: But, he will not be able to get the building permit if he doesn't have everything in place, right? Commissioner Plummer: Oh, now, that's different. Vice Mayor Dawkins: Yes, ma'am, you're right. Commissioner Plummer: If you hold up the building permit, but somebody said a CO._ That's :a different ballgame. Mr. Odio: But, Commission..... Commissioner Plummer: He was trying to get a clarification:if things are not . in order, they will never get a CO. That's a yes, but also, in building permit and also through all the. process that he. has to go :through; :it's,: not that-easy. . It's a lot of clout, as far as I'm concerned. Mr. Rodriguez: You see, he only have one lot at this point inrwhich he=could build, right? Legally: He's appealing the decision that -all the ;cases all the other lots that he had in .property, has_ come -_ -under the :new. ordinance. So, for that reason, he can only build on one lot at this point. Commissioner. Plummer: Cashiers check or no permit. Mr. Rodriguez: :And this is the one that I think that,. we can' decision on that particular lot. .That's what 1 said: CO, probably yes on that particular lot. If he's in violation in that particular lot. Mr. Odio: , But, Commissioner. Dawkins have a point and. all of. you, 1:. think, that the problem is that they figured out that the punishment is not enough it's so low that they could afford to do whatever they want and get away with it. . Commissioner Plummer.: No, there's a difference between being no nothing at all. . Mr, Odio: I am not referring to the 1Garmo Estate in particular, i am not referring to beOarmo Estate. I at referring in general, they will figure out What the pdnalty is, and they'll go ahead and do it, and the help, and that's it, Mr. Sergio Rodriguezt Mr. Manager, there is a limitation on the Code Enforcement toard on the fines on how high they can go, and the maximum that a fine can be imposed is two hundred and fifty dollars ($250.00) per day. Mr. Odic): So they figured that out and they cut whatever they have to cut, and they said, that's it Mr. Rodriguez: 'e11. I will follow your direction you know. Believe me, I am not interested in spending hours after hours on this particular issue, and I get the same letters and the same meetings like you all receive, and it's frustrating too. So I released a letter they're going to receive I believe, a copy of maybe today already, in which are answers to these cases. Commissioner De Yurre: Mr. Mayor, why don't we, you know... because Mr. Cacciamani came to see me the other day, and I suggested if he was... there seems to be some misconception or maybe it is a correct conception that we don't have a expert as far as trees, and what they are, and what you know, that kind of thing that our inspectors are not experts on the field. And do we have any experts as far as trees, and things of that nature here in the City? Mr. Rodriguez: We do have landscape architects. What I suggest to you, that maybe a solution... Commissioner De Yurre: We do, or we don't? Commissioner Alonso: We don't. Mr. Rodriguez: We do. Commissioner Alonso: We have an expert? Commissioner De Yurre: OK. Mr. Rodriguez: The solution might be though... Commissioner De Yurre: Are they out there? Do they go out and inspect? Mr. Rodriguez: We have people that go to the site. In the process of building, what usually happens is, that we have the work being certified by 'a certified landscape architect that the work is done properly. The residents of the area are claiming that that is not correct. I think, if there were to be maybe, a completely independent person that will be maybe, willing to be paid by Mr. Cacciamani to report to the City, that might be a solution. Commissioner De Yurre: What I am suggesting is, to get an - independent individual selected by the City, paid by Mr. Cacciamani:" Mr. Rodriguez: I think that is something that maybe, the lawyers can...when we meet with them next week, we can come to an agreement with that - . Commissioner De Yurre: And... so that we have somebody that can'be attentive to that, working for the City, and we don't' have to spend all this time because they tell me, it's like a war out there. Mr. Rodriguez: It is 1.39 Commissioner De Yurre: You know, it's unbelievable, death' threats,' and • threatening to families... Mr. Rodriguez :' We are losing limbs, and we are not'talking about trees Commissioner De Yurre: Policemen going out there and showing up and to see: what's happening.. I mean like Captain of a boat, a Captain went out there the other day, and for what? - so we have to put some kind of control on this and: • maybe that's one way to do it. Mayor Suarez: OK. Do we have an understanding of what's to take place? Mr. Rodriguez: Right. 1 will meet with them this coming week, with both groups. Mayor Suarez: Thank you Commissioner Alonso: Great. ow.r." ih.i — wa+irc— Sr*.* ...... -- ----- ----.r ------ -- ---- *stir.... **Ma YLYrn, 51. YOUTH GANG TASK :FORCE: INCREASE EACH COMMISSIONER'S APPOINTMENTS TO THREE - APPOINT INDIVIDUJALS TO THE TASK FORCE (Appointed were: Livia Garcia, Isabel basayo and Raul Martinez [ ASPIRA, ex- officio]) Mayor Suarez: Commissioner, you have one other matter? Commissioner Alonso: Thank you. Yes, I'll like to recognize Xavier Cortada, in reference to the committee on youth gang activity. Mayor Suarez: I think the entire Commission I believe, is inclined to do the appointing pretty much at your suggestion, so..., but as long as we do it quickly so we can get on with other matters. Mr. Xavier Cortada: I'll be as concise as possible. Commissioner Plummer: What is this for? Commissioner Alonso: The Youth Gang activity. Remember the last Commission they asked us to name... Commissioner Plummer: Oh, I did mine, right? Mayor Suarez: The. Youth Gang Committee which was previously an advisory committee to me and now is going to be done at the level of the entire Commission.: Commissioner Alonso: But I believe they want us now to select three instead of two. Mr. Cortada: The purpose, or at least the scope of... the committee will be doing is obviously, to be a working group to assess the gang issue. In order to do that, we need to have all the players in the community, that includes the professionals and includes representatives from the different agencies, and law enforcement, and includes business leaders and more importantly, it includes gang members themselves. To that end, having ten members appointed by the five of you is not sufficient. We would need three members by. the ;five of you to be able to fill the fifteen individuals I... you know, we are suggesting. Moreover, it would also, I think, behoove the committee if each of the ex- officio members that you appointed last week, were to have the ability to appoint one gang member from their respective agency or law enforcement entity. And lastly, you appointed out of the ex- officio members you . appointed last time, four were appointed from both police' and agency:: and one of them ASPIRA for some reason or another wasn't appointed, so that we could also include Raul Martinez and /or his designee as an ex- officio member, I think we'd take care of the whole thing. And if you want me to summarize exactly what it is... Mayor Suarez: Yes, it's the summary that worries me. Why don't we accept ,ail of your recommendations and add any specific appointments: by, any Commissioners, I will leave my three for your use of the ones that you need. Mr. Cortada: From what I understand from the City Clerk, the Commissioners both the Mayor, Commissioner Alonso and Commissioner Plummer each appointed two last time,,, Commissioner Plummer: Correct, 140 Mr, Cortada: And Commissioners Dawkins and De Yurre were tp..appoiut tws mo What we are requesting is that the Mayor, Comraiseioner Alonao and : Comieiea#. pja Plummer each appoint another person from this list, and that Commissioner De Yurre and Vice Mayor 1awkins each appoint three individuals, along with the appointment of the ASPIRA ex'off icio member, and lastly that the ex- officio members be allowed to bring in to appoint, a gang member to the committee. Mayor Suarezt OK. Commissioner Alonso: OK. I would like to appoint Livia Garcia. Commissioner Plummer: I'll have to reserve my third one. I was unprepared. Mayor Suarez: I'll appoint Debbie Ambey from my staff. OK, any other appointments? If not, the Commissioners might want to bring it up little later on today if they have names, and as to the rest of your proposals, I'll entertain it in the form of a... Vice Mayor Dawkins: I'm supposed to have how many appointments? Mayor Suarez: Altogether, three. Vice Mayor Dawkins: Three. Mr. Cortada: The list that is before you has some recommended appointments, and if I could just briefly... Mayor Suarez: Do you have any you want to mention right now? Mr. Cortada: I think Glen Brock from District 11 HRS, he is a Program Manager for the children youth family. I think he would bring a different perspective to the committee, also someone that has been active within the Mayor's committee, and also within Positive as the psychologist over at Dade County School by the name of Isabel Basayo. I think she would again behoove the committee. There is a couple of other individuals... Mayor Suarez:. All right, I'll take back mine and I'll appoint Isabel. Debbie Ambey one, and appoint Isabel Basayo. Mr. Cortada: Janet MacAliley, obviously the school board member has shown interest in... Commissioner Plummer: She is on that list. Commissioner Alonso: Yes, she is. Mr. Cortada: She is on the list. The people on this list... only the people with asterisks are the ones that the Commission has acted upon and appointed; The others are:.. Commissioner Plummer: Well needless to say, if Janet MacAliley will accept it, I'll be happy to appoint her to my third one. If she would accept it. Mr. Cortada: Yes, she does... these people have all be contacted, and they are all willing to be a part of this committee. Commissioner Plummer: Then I so move my third appointment be Janet MacAliley. Mayor Suarez: OK, Janet is nominated. Mr. Cortada: So, what I'm saying is that the fifteen people before you are the ones that we are recommending for appointment so that we can get this' working group started, and then at the direction of I guess;the'City Managsf, staff liaison will be appointed to help us facilitate the process.end. Mayor Suarez: OK. Any other appointments? Commissioner Plummer: Let me think about my third appointment for a minute, because she is such a busy lady, Janet MacAliley. Let me think about it; and I'll come to the next meeting with my third one. Mayor Suarez: OK. 141 Mayor Suarez: That's right. Mr. Cortada: Mayor, assuming that these appointments are made l guess by the next meeting what... 1 am assuming that the City Clerk would then notify the members, and then we will call a meeting? Mr. Cortada: What 1 am trying to do is just expedite matters. 1 tend to think that the next meeting is on the 6th of December, and most of these individuals are contacted, and... Mayor Suarez: Well that's why you have to work on the Commissioners that have a few appointments left and get them to make a... and maybe, they can do it today, so. Mr. Cortada: But do we need to make it at a Commission meeting? - or it can be made otherwise? Mayor Suarez: Can we do it in writing by... if we move it now that they can do it in writing in between? Mr. Fernandez: If you all jointly agree to make that deference to each other. Mayor Suarez: Yes. And build that into the motion, please. Commissioner Alonso: I so move with all the provision. Mr. Fernandez: All right. Mayor Suarez: That the Commissioners that had three appointments each pending, to my right, will do theirs in writing. Commissioner Alonso: I already made all three. Commissioner Alonso: OK. Mayor Suarez: Thank you. So moved. MEM 142 Mr. Fernandez: Then the way we do that Mayor, is that then at the December 6, as a perfunctory matter, we just bring the completed resolution for your to approve. Mayor Suarez: All right, we will do all the perfunctory matters that . are needed. Mr. Cortada:. Would it be possible Mayor, if all these appointments are made for our Commission, I mean our committee to meet, prior to this December 6th meeting ?. Mayor Suarez: Yes, I'm sure. Mr. Cortada: Because we will like to get this process moving if possible. Mayor, Suarez: Yes. Mr. Cortada: OK. Mayor Suarez: Thank you. We need a second on the motion. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any further discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoptions A MOTION APPOINTING THE FOLLOWING MEMBERS TO THE CITY COMMISSION YOUTH TASK FORCE: LIVIA OARCIA (appointed by Commissioner Alonso) ISABEL BASAYO (appointed by Mayor Suarez) RAUL MARTINEZ (appointed at large as the Aspire representative). Upon being seconded by Vice Mayor Dawkins, adopted by the following vote: AYES NOES: ABSENT: Commissioner Victor De Yurre Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. None. COMMENTS MADE AFTER ROLL CALL: Mr. Cortada: Thank you so much. MOTION NO 90-895 the motion was passed and 52. INSTRUCT CITY ATTORNEY NOT TO APPEAL COURT RULING CONCERNING BALLOT QUESTION REGARDING A COMMISSIONER SERVING AS MEMBER OF OFF- STREET PARKING BOARD (CHARTER AMENDMENT NO. 1, PREVIOUSLY SCHEDULED TO BE ON NOVEMBER 6, 1990 BALLOT). Mayor Suarez: Item... I guess first person appearance should be thirty-eight. Commissioner Plummer: Wait a minute. Mr. Mayor, let me ask a question, please, sir? Two areas that I am concerned about. The first one- is.:the ruling of Judge Orr. . I would ask the City Attorney, because I think that, there is some ramifications here.that we. have got to discuss, because we might be in violation and'that.is in reference to City Commissioners sitting on boards -in capacities of which they vote, and if we don't vote to appeal that issue, which I don't know that I will or will not vote for that, then we've got a hell of a lot of shuffling.to do around here. So I.would' ask Mr. Mayor,. for clarification on that issue. Mayor Suarez: Mr. City Attorney what is your recommendation at this point? Mr. Fernandez: The... Let me explain to you what has happened. The case that was filed in front of Judge Orr and which he ruled, did not include, or ,did not ask, did not bring about the issue of the constitutionality, of Commissioners serving on other boards. This was .a judge made, - or.a;judge inserted, on his own volition ruling in this whole process. You must keep in mind that what we have here in Circuit Court when the judge rules on one case, that becomes the law of that one given case alone and it does not have precedential value to any other similar situation that may happen. So while the judge did in fact address in his order the issue of whether : Commissioner can sit on another board, for purposes of the Department of Off - Street Parking, he is right. And the Department of Off - Street Parking, unless we appeal his decision, no Commissioner can sit on that board, but for purposes of any and all other boards in which Commissioners, are presently sitting, Judge Orr's ruling on the Department of Off- Street Parking case, has no application or enforceability. However, if we appeal and we take _.it.,to tip third DCA, any opinion of the third DCA. or the Supreme = Cpurt, will certainly impact on all boards and all committee's appointments = which ever way. Commissioner Plummer; So what is your recommendation? 143 Mr. Fernandez: My recommendation is that we do not appeal Judge Orr's ruling, that we let it stand, and for the proposition that only the Department of Off - Street Parking is affected, unless you want to revisit the issue of the Department of Off - Street Parking, and you insist and continuing to try to put a Commissioner on that board, or if you instruct me to pursue an appeal, then you want to get a final determination from an appellant court that will be applicable to all boards and committees on which Commissioners sit. And that will then be your decision: Commissioner Plummer: What is your recommendation? Mr. Fernandez: My recommendation is that because of the very narrow scope and the very narrow impact of Judge Orr's ruling, which is really only one department, and one appointment, one potential appointment, that we do not appeal that. I believe that all the previous appointments that this Commission has made of Commissioners to serve on boards are valid, and there is case law that I can sight to you, the Bath case, which is a Supreme Court case, and another case coming out of Palm Beach County that while they are not from the third DCA... Commissioner Plummer: What do you want to do? Mayor Suarez: I don't know. The one thing I don't want to do is for you to sight all the cases for us. Please Mr. City Attorney... Mr. Fernandez: Right. Mayor Suarez: ... just give us your recommendation and we will go forward. Commissioner Alonso: What if someone challenged any of these boards, and a group of citizens... what will happen? - on the basis of this ruling? Commissioner Plummer: We'll deal with it. Mr. Fernandez: If any citizen would attack it, they would have to have a case in controversy. They would have to sight , a specific Commissioner serving .on.a specific board, and they have to allege that they are serving on that board without the right or without the power to do so. And then they would have to challenge the dual office holding provision of the constitution, and say that, it is unconstitutional, for example, for Commissioner "X" to be sitting on board : "Y ". And then that issue then goes in front of a Circuit Court. Judge, and that Circuit Court Judge may give deference to a fellow judge in that bench, and consider whatever Judge Orr might have had to say and whatever reasoning he used, but he certainly is not bound, because that's not case precedent. Commissioner Plummer: Well the reason I am bringing it up, I think the policy of this. Commission is that if we don't address an issue on an appeal, you automatically appeal within thirty days. Mr. Fernandez: Correct. Commissioner Plummer: And that's why I. am bringing it up. What is this Commission want to do? Do you want to leave it alone, you don't want to leave it alone? - you know, from what-he has said to me, my suggestion is, leave the matter alone. Commissioner Alonso: Yes. Commissioner De Yurre: I failed to see the advantage on appealing it. Commissioner Plummer: OK, do we then have to make a motion to tell you? Mr. Fernandez: Yes. I would appreciate, if you instruct me. Commissioner Plummer: I move at this time that the City Attorney instructed to not file an appeal in reference to this particular Case. Mayor Suarez: So moved, Commissioner De Yurre: Second. 144 Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following Motion was introduced by Commissioner Plummer, who moved its adoption: Upon adopted by AYES: NOES: ABSENT: A MOTION INSTRUCTING THE CITY ATTORNEY NOT TO APPEAL JUDGE ORR'S RULING IN CONNECTION WITH THE REMOVAL OF CHARTER AMENDMENT QUESTION NO. 1 (WHICH WOULD HAVE PROVIDED THAT A CITY COMMISSIONER SELECTED BY THE CITY COMMISSION SERVE EX OFFICIO WITHOUT COMPENSATION AS MEMBER - CHAIRPERSON OF THE OFF- STREET PARKING BOARD WITH THE RIGHT TO VOTE ON ALL MATTERS COMING BEFORE THE BOARD FOR A TERM OF OFFICE AS PROVIDED BY ORDINANCE OR RESOLUTION, WITH SAID TERM NOT TO EXTEND BEYOND THE MEMBER - CHAIRPERSON'S LAST DAY OF SERVICE AS CITY COMMISSIONER) FROM THE BALLOT OF THE RECENTLY HELD NOVEMBER 6, 1990 SPECIAL ELECTION. being seconded by Commissioner De Yurre, the motion was passed and the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. None. Mayor Suarez: Item thirty... Mayor Suarez: Yes. MOTION. NO. 90696 145 53. BRIEF COMMENTS CONCERNING PROPOSED ORDINANCE REQUIRING CITY RESIDENCY OF CITY EMPLOYEES - SCHEDULE FOR COMMISSION MEETING OF DECEMBER 6TH. Commissioner Plummer: Mr. Mayor, the other... I said I had two items, I'm sorry. Commissioner Plummer: The other item that I don't find on the agenda is that of residency of City employees. Mr. Odio: It's not due today. It was December. Commissioner Plummer: It will be on December 6th? Mr. Odio: The second reading of the ordinance. Commissioner Plummer: OK. Either the second reading or the killing will take place on December 6th? Mr. Odio: No, no. I don't have any instruction. I azn going to put` the second reading, and then you can do whatever you want, Commissioner Alonso: When it comes, the second reading we can do that. Commissioner Plummer: All right, that's fine. I am just asking for clarification. Thank you. Mr. Odio: No. NOTE FOR THE RECORD: At this time, Agenda item 48 was tabled until 600 p.m, 54. GRANT REQUEST BY PUERTO RICAN CULTURAL FOUNDATTON, INC, TO USE PART OF BISCAYNE BOULEVARD FOR FIRST PUERTO RICAN CULTURAL PARADE - ESTABLISH AREA RESTRICTED TO RETAIL PEDDLERS, Mr. Luis De Rosa: I agree. Mayor Suarez: Name and address, please. Mayor Suarez: Item 38. Puerto Rican Cultural Foundation Inc. Are they here? Unidentified Speaker: Yes. Mr, Odio: Mr. Mayor. Wait, wait. Mayor Suarez: Request waiver of street banner permit fee. Commissioner Plummer: I think they have more than a waiver of fee problem. Mayor Suarez: Mr. Manager, if you can cut through it, we would appreciate it. Mr. Odio: We have not been able to resolve the issue of Biscayne Boulevard. The Port has not approved it, and we cannot at this time, recommend that we use Biscayne Boulevard for this parade. Also again, we recommend denial of waiver fees, because of the same way we have the fees there, everybody has to pay for them. Mr. De Rosa: I'm sorry. My name is Luis De Rosa, representing the Puerto Rican Cultural Foundation, 1477 South Miami Avenue. I agree with the concept of the waiver fee, but as you can imagine that the magnitude of this parade does have a national appeal. We have people coming, not only from up north, but from Tampa, Orlando, Columbus, Ohio, Puerto Rico, et cetera. Former Governors are expected to attend. In fact, I got a call yesterday from Tito Puentes who said he will be calling Celio Cruz when he comes down because he will- be participating. We've been working very closely with the police representative, and it was my understanding that Mr. Borg of the Port of Miami has approved it, and also Mr. Mosarati, Frank Mosarati from Bayside. And that it is a tentative agreement form the police department, that's my understanding. Mr. De'Rosi: Now, this as you know, if you can imagine, thiaparadenot; will have a positive economic impact to the City of Miami', but ; the: City Of Miami has'been receiving positive newscast and schedules andcommercialswa: are on television, we are on FM 92, which is the official- station.,;c:f. parade, and Channel 51 which is the official television , station - of the parade. • ,. • • Mr. Odio: like to offer that the parade. would be from.theOmni to Bicentennial Park, and that, we don't have any problems with it. aso have: the Book Fair at the same time. You have the Book Fair at the downtown Junior College at that time which As a big, big event, and Biscayne going to... we cannot do it. It is just logistically Mayor Suarez: So you're saying the Otani to... Odioi To Bicentennial Park. 10t= Joe Longueira; Back side of the Omni Park doVW Sioentennial. - Like the Caribbean festival did. " • • • Mayor 04arez; ;And:you 'mire to crose.Bie0syne.4041eVeip, Commissioner Piummert No. Tot cross 395... go under 395. Lt, Longueirat Nn, it's east of the boulevard. Commissioner Plurmert Why is it in the back of ray mind that they wanted to go from. the Yntercetitinental north? Mr. Odiot_ They wanted to go on Biscayne Boulevard. Commissioner Albnsot That's what they want. Mr, be Meat Well, because it has an attractive appearance a, on behalf of the City. That's you know... Commissioner Plummer: But aren't you going to the Ampitheater? Mr. De Rosa: I haven't had the opportunity to see the second direction. know it has been requested by the City officials. Commissioner Plummer: Where does the parade end? Mr. De Rosa: In Bicentennial. Park. Commissioner Plummer: Oh. Mr. Odio:. We are proposing to come in from the other way because you have the Book Fair, you have the Port of Miami traffic... Commissioner Plummer: OK, I was just... Mr. Odio: ... it's just no way, we have the Bayside traffic, you cannot just shut down Biscayne Boulevard. Commissioner Alonso: One. question. ,Did you-people meet? Lt. Longueira: The Port has not agreed to this. Mr. De Rosa: :Well that's my understanding as of eleven o'clock today. Mr. .De:Rosa: We are talking only about first of all, an hour to an hour and- a -half at most. And there is an understanding with the Port of Miami that should the- traffic back up on the bridge, that the police officers will stop the traffic to lead some of the... Mr. Longueira: Yes, we've met with them, Commissioner. Mr. De Rosa: Yes. Commissioner Alonso: How come there is such lack of communication? Lt. Longueira: ::Because they have :not. done what :_'they. were told - do, . that's obtain letters .from=A.he Port and Bayside approving: thin, Wei - do :: not- - have the letters, OK ?. The Port advises us, as' of today, they , are not •approving- this They were asked'to supply the:list of volunteers they°:ea•idt they = Were going t get police officers to volunteer, they have riot . done -: that We' can ' t ._ plan ' a parade without staffing positions- andetting these agreements, They:_.are doing this on a wing and a prayer,: and' it can't workwe can'tahance shuttin" down the Boulevard," and not have it done - properly,'` The ie tor) important to downtown. Mr. De Rosa :: - Well . I can assure you, there has been " lots of planning, and .: a lot of thinking, and a ° lot of nightmares, and a at of frustration put into this event. This is not a street event, this is a, like I mentioned eaa .er,. it's a national appeal event, and I think it is' loins < -to, - have a positive economic impact on the City of Miami. As:.to< the Port of Miami, it, vas °_my understanding that as of yesterday when they.,. in fact we o ght to .. get the letters today, , lot of meetings are being held,• anCa lot put intofi - this, and we Are asking for the Commission to, consider this as all i . an the waiver of the fees, Commissioner Plummer: But we don't control the Per t. 147 Mayor Suarez: 'you Want to table that item, and try to get a hold of some Port officials that tan ?... Mr. De Rosa: Mr. Mayor, if I may... Mayor Suarezt Let me just finish what I am saying. Mr. De Rosa: Sure. Mayor Suarez: If you think that you have a shot at convincing this Commission that the Port is in agreement with this, go ahead and do it, you've got an hour, an hour and -a -half, two hours maybe; where Mr. Lunette will still be there, one of his assistants, and you try to convince Lieutenant Longueira, we can table the 'item. If not, Commissioners, we have to vote and get on With it. We've got other matter on the agenda today. Mr. De Rosa: I agree. Mayor Suarez: Thank you. Commissioner Plummer: Let me ask a approval, would you be in approval? Lt. Longueira: If they get the Port pay for the police officers, because We will do it, but... Commissioner Plummer: OK. Then why don't we do the easy thing ? - make somebody.. else the bad guy, if in fact there is a bad guy. We approve it subject to them surrendering a letter of approval from the Port and Bayside, and their agreement to pay for the number of policemen that don't volunteer. I move it. Mayor Suarez: OK. So moved. Commissioner Alonso: Second. Mr. De Rosa: Otherwise, we go the... Mayor Suarez: In that capacity, please call the -roll on that - motion. And if there, is anything further, we will see. Commissioner_Plummer :.. Make Lunette of the bad guy.. The following resolution was introduced by Commissioner Plummer, moved its adoption: A RESOLUTION RELATED TO THE PUERTO RICAN CULTURAL PARADE TO BE CONDUCTED BY THE PUERTO RICAN CULTURAL FOUNDATION, INC., ON.NOVEMBER 18, 1990; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; SUBJECT TO.THE ORGANIZERS OBTAINING,LETTERS OF ;APPROVAL FROM BAYSIDE AND THE PORT OF MIAMI; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT OF PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of. the City C]erkc.) Upon being seconded by Commissioner Alonso, the and adopted by the following vote: question. If in fact they got the Port , and they get Bayside, they will have to they haven't come up with the volunteers. RESOLUTION NO. 90 -897 444 res AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr, Commissioner Miriam Alonso Vide Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None, COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Now wait a minute. The banner fee. Mr. De Rosa: The waiver fee. Mayor Suarez: Let's just vote on that, please. Commissioner Plummer: OK. Vote on this first, I vote, yes. Mayor Suarez: Please, that's hard enough. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Now what about the banner fee? Commissioner Plummer: How much is it? Mr. De .Rona; Thank you very much, Commissioner 149 Mr. De Rosa: Well... Mayor Suarez: Please, Commissioners. Mr. De Rosa: Sure. Mayor De Rosa: You are not a Commissioner yet. Mr.. De Rosa: No. Thank you. Mayor Suarez; What you want to do? You want to waive it, or don't to waive it? - let's go. Commissioner Alonso: I'll get the fee. Mayor Suarez: OK. Commissioner Alonso; I'll take care of that. au want Mr. Odio: Whatever it is, it's three hundred and fifty dollars ($350.00), but we recommend not waiving, because we keep waiving fees - I don't know what we have them for. Mr. De Rosa: Sure Mr. Manager, I do agree with you, but still, this is first time event, and we are asking for the City... Mr. Odio: Yes, but that's what everybody says, you know. Mr. De Rosa: Well, we are saying it, and we mean it, because this is first time as you know. Mayor Suarez: I can't image that this is going to fail but for three hundred and fifty dollars ($350.00), let's not argue about it. Commissioners, what you want to do? We have an argument between the Manager and a philosophy of . waiving fees, and one particular organization, over three hundred and fifty dollars ($350.00). What do you want to do, Commissioners? Mayor Suarez; Be paid by private funds. Commissioner Alonso will take dare of it. Mayor Suarez; She will probably turn around and ask €QS seventy 40 1 ($70,00) from each of the five of us, but who knowe. All right,,uQt4ig thank you, I owe you a big one, ∎∎ . i" r. iL'c■Cai■rl■4r∎∎∎∎iiIYYG+Y.. Nf+a+Y..W... .anim∎ ■i..■ii ■∎∎a.∎∎..a.+. .4..w ■■.a ■■ ...c.∎.r∎:16∎ ■trWLC'c.wri.b∎∎ .r ■∎∎ . 46isfb+R, 55, GRANT REQUEST BY REPRESENTATIVES OF GREEN RIBBON CHILDREN FOR FEE WAIVER FOR MANUEL ARTtME COMMUNITY CENTER FOR THEIR TELETHON. Mayor Suarez: Item 39, Green Ribbon Children to request waiver of fees for the... waiver of fees for the use of the Manuel Artime Community Center. Commissioner Plummer! HOW much? Mr. Odio: It'S twenty -one hundred and fifty dollars ($2,150)'. Mayor Suarez: Waiver of fees for space at the Manuel Artime Center. You've been there? Ms. Alina Cepero: Yes, we have. Mayor Suarez: For how long? Ms, Cepero: Excuse me? Give us your name and address when you answer that, please, so Mayor Suarez: we have that. Ms. Cepero: Alino Cepero, 510 SW 39th Avenue, Miami, Florida. Commissioner Plummer: This is only for one day? - is that correct? Mr. Cepero: We need to set up... this is a telethon. We need to set up the stage and the telephones, and we need to hold rehearsals, and then after the telethon, we need to pick up... Commissioner Plummer: How many days? Ms. Cepero: From the... this is being produced by Mrs. Ann Magera and... Commissioner Plummer: How many days? Mayor Suarez: How many days? Mr. Odio: You need four... Ms. Cepero: OK. From the 27th... our telethon is on March 3rd, we would need the Artime Center from the 27th. Commissioner Plummer: Of February? Ms. Cepero: Yes, sir. Mayor Suarez: Would it otherwise be ?... Ms. Cepero: To March 3rd, which is the telethon, then we'd need to pick it up the next day. Mayor Suarez: Would it otherwise be... wait, wait, would it otherwise being used during that time? Mr. Castaneda: It is vacant for those days. Mr. Odio: No. Mayor Suarez: All right. Commissioner Plummer: I move it. Mayor Suarez: So moved. Second and third, Any discue2ion ?_ -If not,.cali the roil, i50 Commissioner Plummer: With a proviso that it be understood that I am only moving this to encourage more people to know what a great facility it is, so that we can hopefully in the future, start getting revenue from it. Mayor Suarez: OK. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: NOES: None. ABSENT: None. Ms. Cepero: Thank you. RESOLUTION NO. 90 -898 A RESOLUTION GRANTING THE REQUEST OF HANDS IN ACTION /GREEN RIBBON CHILDREN FOR THE WAIVERS OF THE RENTAL AND REHEARSAL /SET OF FEES RELATED TO A TELETHON TO BE HELD AT THE MANUEL ARTIME PERFORMING ARTS CENTER MARCH 8, 1991, INCLUDING SET UP /REHEARSAL DURING THE PERIOD FEBRUARY 27 -MARCH 2, 1991; SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND PAYING FOR ANY COSTS ABOVE AND BEYOND THE AMOUNT WAIVED BY THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez 56. (A) ISSUE REVOCABLE PERMIT TO NATIONAL MARINE MANUFACTURERS' ASSOCIATION, INC. (NMMA) FOR USE OF PORTION OF WATSON ISLAND AS A PARK -AND -RIDE LOCATION DURING THE GREATER MIAMI INTERNATIONAL BOAT SHOW, WITH PROVISOS. (B) GRANT REQUEST BY NMMA TO INSTALL TEMPORARY PILINGS AT MARRIOTT MARINA DURING THE GREATER MIAMI INTERNATIONAL BOAT SHOW. Mayor Suarez: Forty. Marine Manufacturers' Association. Commissioner Plummer: "A resolution authorizing the City Manager to issue a one -year revocable permit in a form acceptable to the City Attorney, to the National Marine Manufacturers' Association Inc. for the use of a portion of Watson Island as a 'park -and -ride' location in connection with the Greater Miami Boat Show to be held on February 1991 with a fee of fifteen thousand, providing an extension of said permit issued by the City Manager, include an increase the permit fee of not less than fifteen for -each additional one year extension, I so move. Mayor Suarez; So moved. This is a one year approval? Commissioner Plummer: Yes, sir. Mayor Suarez; A one time approval? Mr, Fernandez; No. And then for the net three years, giving the City Manager the option to renew. Vice Mayor Dawkins; It doesn't say that. 151 Commissioner Plummer: It doesn't say that, Mr. City Attorney. Unidentified Speaker: Wait, wait, wait. Commissioner Plummer: What? Vice Mayor Dawkins: It does say it. Commissioner Plummer: Where does it say three years? Mr. Fernandez: Well it's a four year. Mr. Fernandez: Vas, it does. In the last sentence, providing that any extension of said permit issued by the City Manager, includes an increase in the permit fee. Commissioner. Plummer: Well I don't know where the hell you are reading tram, but what your people just handed me doesn't say that. Commissioner Plummer: I agree to the four years, I have no problem with it. It's the easiest money we ever found. I don't see anything about an extension of three years. Mr. Fernandez: You are correct, Mr. Plummer. Commissioner Plummer: It could be for fifteen years, but every year it's got to be fifteen hundred dollars increase, that's what I'm looking for. Mr. Fernandez: Correct, that's what it is. Commissioner Alonso: Yes. Fifteen... Commissioner Plummer: That's exactly what - it could be for twenty years. If the Manager doesn't approve it, then we don't get the additional. Vice Mayor Dawkins: Call the roll, or whatever we have to do, please. Mayor Suarez: OK. Mr. Walter Foeman: .I need a seconder. Commissioner Alonso: Yes, I just seconded. Mayor Suarez: We have a motion, do we? Commissioner Alonso: Yes. Mayor Suarez: Seconded by Commissioner Alonso. Any discussion? If not,- please call the roll. The :following resolution was introduced by Commissioner Plummer, - , Who __ moved its adoption: RESOLUTION N0. 90 -899 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A ONE -YEAR REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE. CITY ATTORNEY, TO THE NATIONAL MARINE MANUFACTURERS' ASSOCIATION, INC. ( "NMMA ") FOR THE USE OF A PORTION OF WATSON ISLAND AS A "PARK - AND -RIDE" LOCATION IN CONNECTION WITH THE MIAMI INTERNATIONAL BOAT SHOW TO BE HELD IN FEBRUARY 1991 AT -A -FEE OF::. OOO PROVIDING THAT ANY EXTENSION OF SAID PERMIT ISSUED BY THE CITY MANAGER INCLUDE AN INCREASE IN THE PERMIT FEE Or NOT LESS - THAN $1,500 FOR EACH ADDITIONAL_-ONE -YEAR - EXTENSION. (Here follows body of resolution, omitted here end.Qn file in the Office of City Clerk,) 152 Upon and.Adopted AYES: NOES: ABSENT: being seoonded by Commissioner Alonso, the resolution by the following Vote: Comfisaidner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. None Commissioner Plummer: Well, it's not on the agenda. Commissioner Plummer; Whatever it is, I move it. Mayor.: Suarez; So moved. Commissioner Alonso: And I second. Mayor Suarez: Seconded. This is all... Mayor Suarez: :You've been very eloquent Mr. Lloyd Yanis: I have a second issue, Mr. Mayor. Mayor Suarez: A second issue. Mr. Yanis: Sorry. Mayor Suarez: A second issue. Mr. Yanis: I was just advised that... Commissioner Alonso: Oh, my God. Mayor Suarez: That's not a good idea, but... Vice Mayor Dawkins: Go: ahead. Mayor Suarez: What's the second issue? Mr. Yanis: I was just advised by Public Works the other day, Mayor Suarez: By who? Mr. ,Yanis: Public. Works. We have a.separate issue,:.it:'s, a pilings, temporary installation of pilings at the Marriott Mar something . we have been doing for three years, and. they , just said. me on the agenda,. and.they; said that . we should get your approval that they can go ahead with the permit. Mr. Yanis: No, it's not. Commissioner Plummer: What is it? Mr... Dr._Prieto? Dr., Prieto: Sir, there are .some temporary pilings in place that :- they _•: are . using for their show. It is slightly beyond the limits of their jurisdiction. Public Works has issued them a temporary permit, they are planning to remove it in February, and we don't have a problem with that._ Commissioner Plummer; They recommend it. You want to go out and pylons? Mayor Suarez; ... kosher, legal, proper, moral, et cetera? Dr. Prieto* It's all right, sir. Commissioner Alonso; It's all right. Mayor Suarez; Thank you. I like that, it's all XLht he: 57S 153 that... Web passed permit for ina. It's theysaw and concept measure Upon adopted by the following vote: AYES: MOTION NO. 90 - 900 Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez 154 Commissioner Alonso: It's all right, OK. 4e took his word for it. Mayor Suarezt Cali the roll before we find out too much more about it. The following motion was introduced by Commissioner Plummer, who moved its adoptions A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF THE NATIONAL MARINE MANUFACTURERS ASSOCIATION (NMMA) TO ALLOW INSTALLATION. OF TEMPORARY PILINGS AT THE MARRIOTT MARINA DURING THE "MIAMI INTERNATIONAL BOAT SHOW," SAID PILINGS TO BE REMOVED BY THEM NO LATER THAN FEBRUARY 1991, being seconded by Commissioner Alonso, the motion was passed and NOES: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Wait a minute. What way did he vote? Vice Mayor Dawkins: No. Commissioner Alonso: No. Commissioner Plummer: May I inquire as to my colleague's negative vote? Vice Mayor Dawkins: I get tired of them just bringing stuff up here, shoving . it at me, and just say, vote on it, that's all. Commissioner Plummer: Oh, OK. Commissioner Alonso: Oh. Mayor Suarez: There is a famous saying in Spanish about it, but I can, say it why he is doing that - on the record. All right. Commissioner Plummer: I'm sure it will be misinterpreted. We finished with the roll call? Mayor Suarez: Could we finish the roll call, thank. you. Ms. Yanis: Thank you. Commissioner Alonso: Yes, thank you very much. Mayor Suarez: Item 41, Jorge Jacobi, Doctor. Commissioner Alonso: It is a... Dr. Jacobi: No, No. Let me correct... i55 JY LYrtl�iaa6 .�iGrrwiW�:itSwiYia:uiY�r.:b:fi ci wcrsiar' ci ..s.s�YCaYrYricaiia..�ri�risur rrlm A..r Ja.ri..:n r.�:t_ .__._ _ ..G.aY.c�w m. rti.irN.s..ds rdua::n 3.lv aw.iY��i t'r�.Y iEic lat 57. DIRECT ADMINISTRATION TO COLLECT PARKING FEES AT THE SECOND PERUVIAN PESTIVAL 0P MUSIC (MARINE STADIUM), DEDUCT EXPENSES, AND SEND BALANCE TO PERU 'OR CHARITY. Comrtiissioner Alonso: Parking fee waivers. Mr. Odio: Mr. Mayor, we will recommend against the request of waiving of the parking fees since this is a for event effort. Vice Mayor Dawkins: It is for profit? Mayor Suarez: Peruvian Festival is a for profit event, Dr. Jacobi? Dr. Jorge Jacobi: That's correct. I am Dr. Jacobi, I reside at 3661 South Miami Avenue, and I am only asked to see with the charitable aspect of this festival. We are taking advantage of the festival in order to grow some proceed, to some money, so we can send it to the needy children of Peru. And for that reason... Mayor Suarez: So that's not really a for profit? Why would you say it does it for a profit if you want to try to help needy children in Peru. Dr. Jacobi: Since the festival, it was only created last year, it has not been very profitable, it has not been profit to last year... Mayor Suarez: That's another reason why it's a non profit. Dr. Jacobi: I understand that. Commissioner Alonso: I think it's a non profit. Mayor Suarez: In theory it's non profit, and practice it's non profit. Commissioner Alonso: It is a non profit. Commissioner Plummer: Not by design. Dr. Jacobi: The festival is profit, but the charitable aspect to that certainly nonprofit. Mayor Suarez: I see.'- The other ones are a little bit more subtle than your are, they tell us they are non profit, and yet they make all kinds of money, which they then spend any way they want. Mayor Suarez: That's really a classic charitable event if you want'to look-at . it that way. I don't know -why you would use -a for profit corporation versus a non profit, but that's up to you. Commissioner Plummer: No, you understand what he said ?' The :festival is for profit, the charity is non profit, and the charity did not make the money. Mayor Suarez: Does the charity take all the proceeds from the festival by definition? - Mayor Suarez: Does the charity take all the profits - from the °festival definition? Dr. Jacobi; Not necessarily. We only started this year with the income from the parking - fees, that's a new initiative as .you know,: all =the Lecuvian community is trying.., Mayor Suarez: Well, let me put it another way. Is there a corporation that puts on the festival, which if it makes money can pay to some of the stock holders of that corporation some profit? Dr. Jacobi: I don't think so that the festival right now, will be making a tremendous profit. Mayor Suarezt But if it did? Dr. Jacobi: If it did, we will not be standing here and if we do make a profit, we'll return the money back to the City. Mayor Suarez: It just sounds to me like you have the wrong corporate vehicle and the wrong approach, but if it's for profit, it's almost impossible for us to waive any fees. It sounds to me like you should have a nonprofit. I don't know why you're calling it a for profit. It's a nonprofit organization if it makes money on an event, but uses that money for a charitable purpose. That can be.a nonprofit corporation with all kinds of tax exemptions. I don't know why you wouldn't use the vehicle because that gives you a better chance here in the Commission for waivers or any other kind of help. Dr. Jacobi: Well, that's why I'm here to basically request that you waive the parking fees so that those parking fee be used for this benevolent charity that we will be providing to the needy childrens of Peru, and I thought that that was a good scheme to draw money so we can properly help our countrymen. Vice Mayor Dawkins: OK, and how do you intend to raise funds? Parking fees, what else are you going to raise money on? Dr. Jacobi: Well, we also having a - we receiving some clothing from the people who are attending the festival, food donations... Vice Mayor Dawkins: An entrance fee for coming to it. Is that right? Dr. Jacobi: Yes, but the... Vice Mayor Dawkins: And then you got food concessions. Dr. Jacobi: Food concessions, that's correct. Vice Mayor Dawkins: Now, if the money for the parking is going to the children in Peru, what happens to the fees from the concession and the entrance? Dr. Jacobi: Well, we anticipate that the fees from the concessions and from the entrance will be directly to pay the cost of the festival because, so far, the cost of the festival is tremendous and so we have to bring... Commissioner Plummer: Well, but wait a minute... Dr. Jacobi: ...twenty or... Commissioner Plummer: ...but, wait a minute, if you're going to waive the fees for parking, then there is no money as far as revenue. Mayor Suarez: Actually, I think I didn't give him a chance to explain. What they want is to be able to operate the parking concession themselves. Commissioner Plummer: Ah ha. Mayor Suarez: That's what they want. Dr. Jacobi: Well, let me also mention that we have already paid the fees for the use of the marine facilities and other expenses• that are also incurred. And the rest of the money will probably cover the expenses in bringing this single people and the music event... Commissioner Plummer: But, doctor, do you understand our problem? You are a for profit organization. This Commission has only in the peat done any kind of cutting for nonprofit. For profit means that somebody is making .money, OK? 150 Noyes its adoption: AYES: ABSENT: None. MOTION NO. 90-901 Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez 157 : • , Dr. J*obit Thatls correct. But I, personally, which is the person who will be responsible for the charitable aspect of the festival, / am the one who is creating the initiative who using at least those parking fees if the Commission will agree, 00 Ve can have enough fund and to We can send to Peru. We have Used different types of a scheme in this community so we can draw money to help our countrymen and, particularly, the children. - Vice Mayor Dawkins: But, as J.L. said, you won't be sending the money. The City of Miami Wi11 be making the contribution. Dr. Jacobi: Well, we'll be happy to name the City of Miami as the donor, if the City of Miami agrees to collect the money for the parking, let's say a thousand or six hundred parkings and subsequently, send that money to Peru, I would'be delighted. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD). Commissioner Plummer: The Manager recommends that we collect the money, after expenses for collection are taken out and then the money is sent to Peru. I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Dr. Jacobi: OK, I appreciate your time and your support, thank you. Commissioner Plummer: But, excuse me, doctor, you understand that they're going to be taking out the salaries of the people who are the City employees to collect the money. Dr. Jacobi: No, I understand that and I appreciate that. Thank you. Commissioner Plummer: OK. Mayor Suarez: Call the roll. Don't thank us yet. The following motion was introduced by Commissioner Plummer, who moved A MOTION CONCERNING THE SECOND PERUVIAN FESTIVAL OF MUSIC SCHEDULED FOR NOVEMBER 11, 1990, AT THE MARINE STADIUM, INSTRUCTING THE CITY MANAGER TO COLLECT PARKING FEES, AND AFTER ALL CITY EXPENSES FOR SAID COLLECTION ARE DEDUCTED, TO SEND THE BALANCE OF SAID MONIES TO PERU FOR CHARITY PURPOSES. Upon being seconded by Commissioner Alonso, the umtion was passed and adopted by the following vote: NOES: None. •; • _ , Sri. Y.�.r.rocrn.+..:wwr.wr.r rr�c:ra�.acm 55. SUPPORT COCONUT GROVE LOCAL DEVELOPMENT CORPORATION'S APPLICATION VOR A COMMUNITY CONTRIBUTION TAX CREDIT PROJECT VOA COMMUNITY REVITALIZATION.. Mayor Suarez: Item►., whatever the net one is. Mr. Odio: Forty-two. Mayor Suarez: Forty -two. What do we have? Mr. Odio: We recommend that we Mayor Suarez: Coconut Grove LDC. David. We'd recommend it strongly. Mr. Odio: Vice Mayor Dawkins: What's the Mr. Odio: What is the length? Mr. David Alexander: It' of Florida, Commissioner. Vice Mayor Dawkins: And to Mr. Alexander: No, sir, not once you authorize it. Vice Mayor Dawkins: ...I can't vote Mr. Alexander: We're working on it, sir. support the CGDLDC application to the state. length of the s a one year renewable grant application to the state You got to go to them every year and renew it. you have to come back to me, that's what I'm trying • Mr. Alexander: Well, I'll be happy to come and ask you for it though, it's no problem. Mayor Suarez:- That does it. Mr. Alexander: Thank you, sir. Mayor, Suarez: That does it. David, the fellow who operates the sports lounge /restaurant, facility, entertainment center, I don't know what it is, in - have they told you yet in Town & Country Mr. Alexander: Yes, sir, we have Mr. Gary Golan, we've had some conversations with him. He now has a set of plans for the Tikki as approved for Monty Trainer's development • so, he's ,.now, looking at that with his. architects. We!11 meet next Tuesday.. We'll decide what road he wants to take.._ He4s.. in the concept and we're looking for a way to help him. Mayor.- Suarez: It's crazy to have an intersection that,has probably the :number one or number two or number three of automobiles.going.through,:it and not ;.have a :very nice attraction there. It's just crazy.... Mayor Suarez: ...and the right,character with the right group and the right motif, I think, will make sense, and don't hesitate to ask us for additional help, Miami Capital monies, gap financing, whatever we'can come up,with to bring that corner to life. Mr. Alexander; Yes, Mr. Mayor. Actually, Mr, Bailey and myse4.f ; met...with:,.Mr,. Golan at the site and he saw the building - and he's very impresaet with;:what'+ . there. It's ,just a matter of how to . structure the agreement w � , promised them every assistance that we can bring... Mayor Suarez: OK, and if there's anything, by way of an incentives that need to add, privately or publicly or otherwise, to make this thing a:raality after so many years of it lying dormant, even though there's 15 investors ,and there's all kinds of interesting features that none of theee other .p o scts, have had, Community ' Development type.. projects,...it' a really a f o:r- . p of j.t . and;: a. crucial corner of the City that welcomes people in and oat, et cete' 154 Mr. Alexander: Thank you, sir. Mr. Alexander: seventeen and... Mr. Alexander: None of them, sir. Mr. Alexander: They're in Coral Gables. Mr. Alexander: Good question. Mayor Suarez; St. Hugh's. 15 Mayor.Suarez: How many did you build altogether, the single family? . • - ask us what you need. Al]. right, on the motion before us. Do we have a motion and a second? -on the matter before us? Miss Armbrister. Ma. Esther Mae Armbrister: 1 would like to ask one question. When 1 read this item down here,.1 saw that you're asking for community revitalization and 1 want to know what part of Coconut Grove are you going to revitalize? And how much money are you going to put in it or whatever? 1 am ignorant as to what it really means, so 1 need an explanation. Mayor Suarez: Yes, what's the latest word on your drawing boards now? The houSeS.look nice, finally. Eleven completed, four about to go under construction, Commissioner Plummer: Wait a minute, how many of those eleven were in the City of Miami? Mayor Suarez: It's right at the borderline. You can tell the difference between the City and Coral Gables. Mayor Suarez: Some of those streets right down the middle of the street, really nicely paved on the City side, City of Miami side. Not so nice on the Coral Gables side. Mr. Alexander: We would love to build on the St. Hugh's property though. Vice Mayor Dawkins: Yes, but Mrs. Armbrister say, what are you going to do with the money? That's what she... Ms. Armbrister: And we want to know... Vice Mayor Dawkins: OK,..that's all she wants-toAnow.. What are yougoingto do with,the Ammar? • ; , • Mr. Alexander: What we're trying to do, Mrs. Armbrister, is to buy those abandoned buildings, those shuttered buildings on Grand.Avenue-, rehab.,-them open them for leases to new businesses. That's why we're asking for this resolution. Ms. Armbrister: We have not been told of this. I made a notation of what is happening in Coconut Grove and this was not explained to us. We are not together at all. They have theirs and we have ours. We are the. CAACED and I just want you to know what you're doing in case you don't know _what you're doing - when I say you, I mean the City of Miami - you are proposing to build us five new affordable houses. You are to give to us, build for us, the 30 houses down there on Douglas Road, the... Ms. Armbrister: .,.St. Hugh's plot and Cocowalk is going to give to the,City of Miami money to use for historic markers and you are giving us service by the way of Mr. Sergio Rodriguez, for the cemetery. Now, if you have anything left over, and 1 hope you do have money to finish the park. Maybe 1 should leave that alone for the Parke & Recreation Department, but so you alt know the condition of the park so we just want to be sure it'a 4one, and done right. Mayor Suarez; OK. Me, Armbrister; And we need a representative,,, Mayor Suarez: You're talking about Grand Avenue Park, Ms, Abrister: Grand Avenue Park, that's a sore eye. Mayor Suarez: Yes, we all know that. Ms. Armbrister: And you are trying to do something to it and remodel it, but you're-doming of money. Se, Mr. Odio, have they presented you with an additional list of things that we need? Mr. Odio: Yes, ma'am. Ms,-Armbrister: All right. Commissioner Plummer: Mr. Manager, none of this money... Mr. Odio: You bring money too. Ms. Armbrister: I beg your pardon? Mr. Odio: Yes, ma'am, Ms. Armbrister: They present it, but I'm talking about getting it. It's two different things. Commissioner Plummer: David -, none of this -money will be used outside of'the City of Miami. Mr. Alexander: No, sir, it's all on Grand Avenue. Commissioner Plummer: Well, part of Grand Avenue is out of the City. of Miami. Ms. Armbrister: It is. Mr. Alexander: In the City of Miami. Within the City. of Miami. Ms. Armbrister: From Jefferson back to U.S. 1, is the Coral Gables side. You have from Jefferson - I mean Brooker Street - from Brooker to U.S. 1, is Coral Gables side. Commissioner Plummer: I'm well aware. Ms. Armbrister: And they are intending to make that historic preservation . somewhere along the line. And you and the City of Miami have from Brooker back to, 32nd Avenue. Commissioner Plummer: What has the LDC done for the last year in - the City of Miami? Ms. Armbrister: I don't know. Commissioner Plummer: That's what I'm asking. Mr. Alexander: The LDC is operated its commercial facade program. completed 14 buildings, Commissioner. Commissioner Plummer: Send us a memo, would you please? Mr; Alexander: Yes, sir, absolutely. Commissioner Plummer: I'd like to know what you've done for the iast,year.,.,. Mr. Alexander; Yes, sir. Ms. Armbrister: That's old. One thing they do have going for them.is they, have a man who is working with the City of Miami in housing, Eccles, Job Eccles '. he is doing a good job in getting the homes done over withthe, $10,000 grant. He really is doing a beautiful job on that and if he wasn't t sure would say so and you now that. Me. Atinbrieteri tut i really still like to.., we need to know what ie happening with this money that you're giving, because LCD Was hired by us and when t may us, CAACED, and they were to build buildings... get into the community and put up some business on Douglas Road and Grand Avenue, not housing, but, businesses, and that hasn't happened yet. So, We want to know how much money you're going to give them and how it's going to be spent. Vice Mayor Dawkins: We're not going to give them anything, Mrs. Armbrister. Ms. Armbrister: You're not? Vice Mayor Dawkins: He's applying to the State of Florida for a grant and with that grant, he's supposed to solicit money from the banks to do the renovation. He will not get any money from the City of Miami. He will get your state dollars from the State of Florida. Ms. Armbrister: Well, are you keeping tabs on what's happening? Vice Mayor Dawkins: No, ma'am, the only thing we will do is - we will keep tabs, but there's nothing we could do until next year he comes here and if he did not fulfill the promises that he made to us, we would not go with him on the next application. Ms. Armbrister: Well, thanks very much and I appreciate you giving to us one of your aides or somebody representing. We are having a meeting with HUD and we need somebody who is an authority from the Police Department and the Fire Department and the City of Miami. So... Vice Mayor Dawkins: You're having a meeting with HUD when? Ms. Armbrister: All right, thanks very much. Vice Mayor Dawkins: You're welcome. Ms. Armbrister: Thank you. Ms. Armbrister: I beg your pardon? Ms. Armbrister: Thank you. Commissioner Plummer; That could be bad on both counts. Mayor Suarez: No. Vice Mayor Dawkins: Was there a motion, please? Mayor Suarez; No, I'll entertain a motion... Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso; Second, Mayor Suarez; Seconded, Any discussion? It not,' = please Ms. Armbrister: We're having a meeting with HUD on the 19th and we need representative from the City of Miami, Henry or either John or anybody you appoint. Vice Mayor Dawkins OK, well I'll have both of mine - both of my aides will be there. Vice Mayor Dawkins: Both of my male aides, I don't mean both of the... and the other two will stay here. Vice Mayor Dawkins: I'm going to send the two males and keep the two females here. Vice Mayor Dawkins: OK, Mr. Alexander. We need a motion on this? Has it been moved? 161 The following resolution was introduced by Commissioner Plummer, who moved its adoption: AYES: NOES: None. ABSENT: RESOLUTION N0. 90-902 A RESOLUTION RECOMMENDING THE APPLICATION Or THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO THE STATE OF FLORIDA FOR APPROVAL OF A COMMUNITY CONTRIBUTION TAX CREDIT PROJECT FOR COMMUNITY REVITALIZATION AND AFFIRMING THAT THE PROJECT IS CONSISTENT WITH LOCAL PLANS, Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. Mr. Alexander: Thank you, Mr. Mayor, thank you, Commissioners. Mayor Suarez: Thank you, David. Go to it. Fix up the corner. Mr. Isenberg; No, sir, I was not. (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: 59. REFER TO ADMINISTRATION REQUEST FROM REYNOLDS ALUMINUM COMPANY FOR RECYCLING LOCATIONS THROUGHOUT THE CITY. Mayor Suarez:. Item 43. They here? Yes. Mr. Nevin Isenberg: Good afternoon, I'm Nevin Isenberg. Mayor Suarez: You're going to have to move it up a little bit. Mr. Isenberg: Good afternoon, I'm Nevin Isenberg, 2003 N.W. 72nd Avenue. -._.I am the area business manager for Reynolds Aluminum Recycling. Twenty -two years ago, Reynolds Metals Company started its aluminum can recycling. That recycling experiment has grown to 650 buy -back locations nationally.. Today, we are no longer a program but rather a viable contributing division of Reynolds Metals Company. I'm here today to propose that Reynolds Aluminum Recycling Company... Mayor Suarez: Are you aware that we passed an ordinance to deal with a problem that we had with people that were picking up metals and aluminum and so on for recycling? Mayor Suarez: Ah, you should have been aware of that The problem that we had is to figure out a system that would keep these portable recycllcg,or, purchasing facilities which were inducing people tearing aluminum and'copper and some other materials from projects, and going and getting a quick dollar and using that money, presumably, for drugs.or anything else, that they,..needed to consume and it was becoming quite a problem in the City', of whatever it is you propose, you better fit it within parameters that don't bring that problem back. Mr. Isenberg; OK, no. What 1'm. talking about .oy. arp,, auto mated c A.; . machinee.and I remember our diecuseion before you were;npt cgncg ped,e 00t: Aluminum cane end thew! machine.e only .take . aiumia4m ,.:ca4p, 162 Mayor Suarez: Automated aiutninur can recycling machines. Mr. Isenberg: Yes, sir. Mayor Suarez: To be located in different parts of the community... Mr. Isenberg: To be located on... Mayor Suarez: .;.and they're not :panned, obviously. Mr. Isenberg: They would not be manned, no, sir. They technicians once a day to ensure that they are operating area around them is clean. Mayor Suarez: Mr. Manager, we have any management input into this? Put out an RFP and see if anybody else wants to compete and we can try theta .and' if they make sense or.... Mr. Odio: Yes, I have not... Mayor Suarez: And this seems like it needs to go really to management at this point and not to us, to the administration, not to us, but... Mr. Isenberg: Well, what I was going to ask for was a would allow us to place these machines on shopping center.. Mayor Suarez: OK, what do we need for that, Sergio? He's Mr. Rodriguez: And other conditions which are... Commissioner Plummer: Vizcaya north. Mayor Suarez: Oh, for example, or... are visited by our property, that the zoning change that like they want to put it Mr. Rodriguez; They want to put it in a commercial area, in center, for example..: eager to tell you. Mr. Sergio Rodriguez: I received a request - I don't know if it is from them or another outfit, to see whether this would be allowed in the different parts of the City and I made a determination dated October 12th of 1990 by which this would be allowed in C -1 and other more liberal districts with some conditions. And, if you want, I can put the conditions in` the record. Basically, there are six conditions. The first one is, that accept only aluminum cans. No'other material can be processed in the machine. That they cannot be closer than 200 feet from any residential district. That they must not occupy required parking spaces. If it is in a shopping center, for example. Mayor Suarez: The most liberal district is where Plummer and De Yurre live, I think, out there in the deep Grove. Mr. Rodriguez: ...mentioned in my determination of October 12th. If you want to, I can make a copy of this available to... Mayor Suarez: OK, so where would it be if he wanted to locate? Is there any fee involved to the City or any payment for locating these, assuming.... Mr. Rodriguez: There will be the typical building permit requirement because this is a typical operation that have been handled by the private sector and had to comply with... Mayor Suarez: But that all assumes that it's located:on private property.' Mr. Rodriguez: Right. That's why he was asking about zoning, so that's what I was trying to apply. Mayor Suarez: ...or a shopping center. Mr. Rodriguez: • ,..they would have to comply ''with: the ` zoning rof that and It 'would have to be zoned C -1 or more permitaive, ke <�C 2 aid °8q; they have to have some-requirements they have to meet which eye the 1 spoil out In my letter. Mayor Suarez: What do we need to do here today? Mr. Jorge Fernandez: Well, Mr. Mayor, before you... Mayor Suarez: Sir, what would make sense for us to even be asked today? Just to be aware of the fact that this initiative is progressing through... Mr. Odiot To see if it's worth it and we should bring it back... Mr. Fernandez: tecause I need to look at it from a legal perspective to make sure that there is no conflict and that we still remain in compliance with the Solid Waste Act recycling portion of that. As well as look at other state laws that deal with controlling and how to handle ferrous metals. Commissioner Plummer: Does this machine pay a person for putting cans in-it? Mr. Isenberg: Yes, sir. Commissioner Plummer: How much? Mr. Isenberg: It depends upon what the market value would happen to be, but probably 25 to 30 cents a pound, in that range. Commissioner Plummer: And the machine pays them? Mr. Isenberg: Yes, sir, it is loaded with coins. Mr. Odio: Isn't that something! Vice Mayor Dawkins: You must take the coins out at night. Mr. Isenberg: No, the coins stay in there. It's operational 24 - hours a day. Commissioner Plummer: Are the coins aluminum? Mr. Isenberg: No, sir, they are U.S. mint. Vice Mayor Dawkins: No, no, no. Mr. Isenberg: I was not aware that this would be an allowable activity. Commissioner Plummer: Doesn't this have to go through a regular zoning procedure? Mr. Fernandez: Yes. Commissioner Plummer: OK, then, I move... Mr. Rodriguez: What we have to have... no. Commissioner Plummer: No. Mr. Rodriguez: What would have to happen is that I am planning to come in the future with an amendment to the zoning ordinance to allow this. In the meantime, the determination that I made is like law at this point until it comes eventually to you as a zoning change. So, they can apply, if they are in the proper district and they comply with this requirements, they get building permit and that's it. Vice Mayor Dawkins; Mr. Rodriguez, what would happen if the PTA at Allapattah Elementary School decided that they wanted to put one of these machines in the school yard where the school youngsters could bring the cans from home and.put them in the machine and raise money for the PTA? Would that be legal? Mr. Rodriguez: It will not be under the determination that I made it wouldn't— be allowable. So, to do that, 1 would have to make a change - recommend :.a change to the law and bring it before you. Vice Mayor Dawkins: But, it's the school board's property. Why would - we. have. to OK it if the school board say it was all right? That's the acbool boar4: property, that's not our property. 404 Vice Mayor Dawkins: What are they zoned? Mr. Fernandez: I don't know. What are they zoned? Commissioner Alonso: Um hum, sure. Mr. Rodrigtiezt Well, maybe the legal counsel has to respond that. Vice Mayor Dawkins: OK, I'll have to wait till he gets through socializing. Commissioner Alonso: Mr. City Attorney. Mr, Fernandez: l'rn sorry. Vice Mayor Dawkins: Talking about this machine... Mr. Fernandez: Yes, Vice Mayor Dawkins: What would happen if Allapattah Elementary School, which is in the City of Miami, wanted to put this machine on the school grounds or any other school, for that matter, in order for the students, or PTA or somebody, to raise funds and the school board OK's it? We don't have anything to do with it, do we? Mr. Fernandez: Yes, your assistant city manager here said that he has predetermined that it can only be placed in a C -1 zoning and my better understanding is that schools are not zoned C -1. Mr. Rodriguez: The C -1 and above. The only thing that I'm not sure of - that's what I told you to check with your Law Department, is if the school boards are preempting local zoning laws, which I don't know. Vice Mayor Dawkins: I don't either. That's what I was asking, Mr. Rodriguez. Mr. Fernandez: I will look into that, but I don't think they do. I think that they have to comply with... Vice Mayor Dawkins: Because I'm in favor of if a school board wants one and we got somewhere two blocks down the street, I'd be in favor of giving it to the school boards. I mean, and he doesn't care where we put it as long as he . gets the cans. Isn't that right, sir? Mr. Isenberg: Yes, sir. Vice Mayor Dawkins: Thank you. Commissioner Plummer,: Can I suggest that, we send this to the administration.:: Come back to us at the next meeting and get it straightened out. Mayor Suarez: OK, nothing further on that item? In which case we proceed to discussion items, quickly. I 60. APPROVE NOMINEES FOR PLAQUES TO BE INSTALLED ON THE LATIN STARS WALK (SIDEWALK) - ESTABLISH LIMITS 0P LATIN STARS WALK AND NUMBER OF PLAQUES, Mayor Suarez: Item 44, a list of Latin stars. I think we all got copies of those, right? Mr. Odio: Yes. Mayor Suarez: What do we need to do on it? Commissioner Plummer: me? The Sotos? 1� 1 FOLLOWING EACH AND EVERY STATEMENT, PLEASE min THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY MAYOR XAVIER L. SUAREZ, CITY MANAGER CESAR ODTO AND AN UNIDENTIFIED SPEAXER. ] Mr. Mayor, I... where are the people that came to see Commissioner Alonso: Soto? -right there. Mr. Jorge Perez: OK, I'm sorry, I no speak English. NECESITO DE UNA AYUDA. EL ME VA A AYUDAR. Unidentified Speaker: I am one of the members of the Latin Stars. Commissioner Plummer: Who is the member of the Latin Stars that's got the big mouth in the newspaper? (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD). Unidentified Speaker: I am the director the Latin Stars. Commissioner Plummer: You are a director? Mr. Perez: Yes. Unidentified Speaker: Yes, I am. Commissioner Plummer: I want to know who's been making the statements to the newspapers that Commissioner Plummer doesn't know a damn thing about the Latin stars? Vice Mayor Dawkins: I did. Commissioner Plummer: You said that. Mayor Suarez: Bigger mouth. We need... Commissioner Alonso: Did they give their names? 11..11..,,,. Commissioner Plummer: The City Commission has no right to protect public property. Mr. Perez: PERMISO, EN NINGUN MOMENTO LA ORGANIZACION LATIN STARTS SE HA CARACTERIZADO POR UTILIZAR... Mayor Suarez: We need your name on the record. EXPLIQUE QUE NECESITAMOS... PONGA SU NOMBRE PRIMERO. DIGA SU NOMBRE Y SU DIRECCIQN. Mr. Perez; MI NOMBRE ES JORGE PEREZ. PERTRNEZCQ A LA JUNTA DIRECTIVA DE LATIN STARS, TRANSLATION; My name is Jorge Perez, I'm on the board of directors of Latin Stars, Mayor Suarez: SU DIRECCION, please. Note Mr. Perez: M1 DIRECCION ES 9205 S.W. 130th Street, Miami. TRANSLATION: 9205 S.W. 130 Street, Miami, OK. Commissioner Plummer: 92 what? Give me that again. Mayor Suarez: 9203 S.W. 130th Street. Commieeioher Plummer: S.W. 130th Street, he doesn't live in the City of Mimi. OK, go ahead. Mr. Perez: EN NINGUN MOMENTO LA ORGANIZACION LATIN STARS HA UTILIZADO PALABRAS OFENSIVAS HACIA NINGUNA PERSONA. SI HAY ALGUNA PERSONA DE LA ORGANIZACION QUE HA UTILIZADO ALGUNA PALABRA QUE HA OFENDIDO A LA COMISION, EN NOMBRE DE LA ORGANIZACION Y0 PIDO DISCULPAS. TRANSLATION: At no time this organization have used words that have been offensive to any person. If there's any persons in the organization that have used words that could be considered offensive to the Commission, in the name of the organization, I ask apologize. Commissioner Plummer: That's fine. Now, let's start anew because I don't know who it was of your organization that called the New Times complaining about Commissioner Plummer. OK? Now, whoever that dirty rat was, God bless him. Now, I think this Commission has an absolute right to protect the public right -of -way and that's the only thing that I brought up and I continue to bring up that this Commission said that they have to be approved by this Commisiion. I don't think that is out of line in any way, shape, or form. I am not going to sit here and be an expert on who is a star and who is not. But I think the public, who own those sidewalks, do have that right. And because of that, is why I have asked that it be scheduled as an agenda item, just like everything else around here is, and then we approve it. I have no objection to the list that has been submitted today and I'll be glad to move that list, but I do think that unless someone comes up... Mr. Odio: Do you know who they are? Commissioner Plummer: 1Do I know? No, I have had no one come forth and object to them and that's what's important. Mr. Perez: OK. NUEVAMENTE, PIDO MI DISCULPA EN NOMBRE DE LA ORGANIZACION LATIN STARS Commissioner Plummer: Mea culpa, mea culpa, mea culpa.... Mr. Perez: OK. Y LE DOY LAS GRACIAS A LA COMISION POR ACEPTARLAS. Vice Mayor Dawkins: What is he saying? Mayor Suarez: So moved, the list for approval. Mr. Perez: Thank you. Mayor Suarez: Wait, wait, wait, don't thank us... I'll second. Mayor Suarez: I'll second. Commissioner Alonso: Yea, I have some questions. 161 Mr. Perez: NOSOTROS, EN TODO MOMENTO LO QUE HEMOS TRATADO DE BUSCAR ES UN APOYO POR PARTE DE LA COMISION DE LA CIUDAD DE MIAMI. ESO ES TODO. TRANSLATION: We, have tried at all times, to find support from the Commission of the City of Miami. That's all I want to say. Commissioner Plummer: Mr. Mayor, of the list that is submitted here today, I move it for approval, sir. Commissioner Plummer: And I strong... would you tell him I strongly suggest he move into the City of Miami. TRANSLATION: TE DEBERIAS DE MUDAR PARA LA CIUDAD DE MIAMI. Mayor Suarez: Seconded by Vice Mayor Dawkins on conditions that you shove :into the City. November Mr. Jorge Pernandest Mr. Mayor, point of order. Are you dealing with the item itself right now? Commissioner plumrmert 1 am dealing with the list of stars that they have submitted to us in relation to this year's program, I think, of 17 or 18 stars. Mr. Pernandost Which is an attachment to item 44, correct? So, by approving the list are you also approving the resolution? Because if you're approving the resolution, let me call your attention to the fact that previous resolutions passed by you require that every time there would be a star placed there, individually, would come in front of you. If now, you're approving a group, that would last a year, it must be understood then that nobody outside of that group can then be placed there. Commissioner Alonso: This is through April, '91. Commissioner Plummer: Excuse Me, this, as, I recall, is not an exclusive. Mr:' Fernandez: It's not an exclusive. Commissioner Plummer: This is not exclusive. We could, in fact, if some other group came up here and asked to place a star, this Commission would make a determination on that application as they did with Celia Cruz on 24th Avenue. Mr. Fernandez: Yes, the only thing that I'm saying is that now, by passing this item, you are adopting an annual procedure. Commissioner Plummer: No, sir, I am not. I am adopting that list which they have supplied to us for our approval. Mr. Fernandez: Would you like to speak to that, Dr. Prieto? The difference between... Commissioner Alonso: May I clarify something? Celia Cruz got a star through them. Dr. Luis Prieto: That's right. Yes, that's correct. Commissioner Alonso: And, what happened in 24th, street.. It had nothing to do with a star. Mr. Perez: ESO NO TIENE NADA QUE VER CON LATIN STARS. TRANSLATION: It's got nothing to do with the Latin Stars. Commissioner Plummer: That's fine. it was the name of the Commissioner Alonso: What I would like to say, if we are going to have other groups, which I think it's fine, what we should ask is that they look similar, otherwise 8th Street is going to look horrible. Commissioner Plummer: That's why I reserve the. right to approve, Miriam. Mr. Prieto: It's a hypothetical question, hasn't come up. Commissioner Plummer: Well, I'm sure it is. Commissioner Alonso: It will, believe me. It will come to us. Commissioner Plummer: OK. And all I'm saying is that I think this Commission should have the right, as her concern is, that they look uniform,,. Commissioner Alonso: Yes. Commissioner Plummer: OK. That they be supplied with the same .ndemnity -as far as liability insurance is concerned. look, in my estimation, as I Bald before, 1 think the program is a very fine program. It was proposed to this. Commission as a tourist attraction. 1 think it's a good idea, but 1 do;441 that it's the public sidewalks and we have a right, as 41411 , 46 an oblii+at to protect those sidewalks. And that's the only reason that it. I'm not trying to be an entertainment expert in any way,:shap ,: di o 168 Mayor Suare.: As quoted by New Times, Alden Luis says that, "...Plummer is not in the entertainment world at a11." Commissioner Plummer: Who said that? Mayor Suarez: A fellow named Alden Luis, which is clearly Wrong beoause you provide.entertainment here constantly, so... Commissioner Plummer: Where is Olga Luis? Mayor Suarez: Alden Luis, I don't know. Commissioner Plummer: Is he a member of the board of directors? Commissioner Alonso: Who is he? Mr. Perez: OK, YO DIJE EN NOMBRE DE LA ORGANIZACION LATIN STARS, SI HABIA ALGDNA PERSONA QUE HABIA OFENDIDO A LA COMISION, QUE DISCULPEN POR PARTE DE LA COMISION. OK? Sorry. TRANSLATION: He said, in the name of the organization, Latin Stars, that there were some people in this... he has already apologized. That's what he's saying. Commissioner Plummer: He's already resigned? Mr. Odio: Apologized. Commissioner Plummer: OK. Mr. Perez: OK? Sorry. Mayor Suarez: All right, we have a motion and a second, I hope. Commissioner Alonso. Commissioner Alonso: Just a second. Commissioner Plummer: Let me just... Commissioner Alonso: Do they understand the system that they will have .to follow? This is through April of '91. Do they know when do they have to come back for the rest of the stars? Mr. Prieto: That's right. Commissioner Alonso: Is it clear to them? Mr.-,Prieto: That's right. They will come to us.early in:the year,with list and they will come to you for the approval of that. Commissioner Plummer: No, no, that was not my understanding, doctor. It not for a year They could come back in April or they could come, back next., month and they would submit to us a list and if we 'approve .: it, so .be it. It was not an annual. Mayor Suarez: How often do you want it? Mayor Suarez: OK. Commissioner Plummer: That was not my understanding. Commissioner Plummer: Whenever they want anything beyond this list, to expanded, then it would in fact have to come back here. Mayor Suarez: You have no problem if they give you more that we don't have this.,. Commissioner Plummer$ ,Sir, I'm approving 18 now, Mayor Suarez; OK, great. Mr. Perez; OK, thie is no problem, Vice Mayor Dawkins: And they can put them any place they want them? Is that what you taid? Commissioner Plummer! No, air, it's bounded by 12th Avenue to 17th Avenue on SW '8th Street only. Vice Mayor Dawkins: And another group cotes and put eight, and another group ctifte0 and put eight, then you got 24, right? Commissioner Plummer: Vice Mayor Dawkins! OK, no problem. Commissioner Plummer: Let me ask, for the record. This is a organization and no one in this organization is making a profit endeavor? Mr. Perez: Yes. Commissioner Plummer: Yes, they are? -or no, they're not? Mr. Perez: Yes, they are. Unidentified Speaker: Excuse me, am I going to be translating or the gentleman is going to because I'm kind of confused. Go ahead, go ahead. Commissioner Plummer: Wait minute, UN MOMENTICO, you asked a question in Spanish so it's not misinterpreted. Mr. Odio: EL QUIERE SABER SI HAY ALGUN DINERO... SI USTEDES ESTAN COBRANDO POR ESTO. Commissioner Alonso: ...SI HAY GANANCIAS. Mr. Odio: SI HAY ALGUNAS GANANCIAS EN ESTO. Mr. Perez: MIRE, LA ORGANIZACION EN NINGUN MOMENTO HA TENIDO GANANCIAS. ESTE PROYECTO SIEMPRE FUE CREADO PARA LOS FONDOS QUE SE CREARAN, EN UN FUTURO DE LA , ORGANIZACION, FUERAN DESTINADOS A MUCHACHOS DE ORIGEN HISPANO, 0 SEA, PARA BECAS PARA MUCHACHOS DE ORIGEN HISPANO... NECESITADOS, EXACTAMENTE. TRANSLATION: At any time the organization, this project was created so that the funds that they raise in the future, that it would - wait, wait... I think what he's saying is, that there are monies involved and that the monies that they're raising or they raise in the future, will go to support some poor kids - scholarships. Commissioner De Yurre: Do we have a budget, income, profit, loss, whatever, statement from them? • • • • Mr. Odic): We have never Commissioner De Yurre: monies are brought in, things of that nature. Mr. Prieto: All right. Commissioner Plummer: OK, you know... Commissioner De Yurre: . And that's contingent... Commissioner Plummer; I think that will cover - if, in fact, we have a copy of their budget and a complete audit of their account, 1 think thatehatilV. suffice and 1 think that should be, Doctor, that we have A copy. of their budget. If there'e going to be a contributions made,' 0.44,fi,c0Y the previous cape, then maybe we would be making :the co0c4 than someone else. I'm understanding you are a nonprofit organization. Mr, Odio: MEDIU SON UNA ORGANIZACION PARA GANAR MiLIDAtk$ 7 : Mx, Perm NO, MUM nonproM, Yes. seen that. I would like to get a where they come from, nonprofit from this list of who's employed, what how they're spent, salaries Mr. Odio: Nonprofit. Mayan Suarez: NO LUCRATIVA. Ott, well let's make sure we get the proof of that and... ComMieeioner be Yurret That's one word you learn real quick, nonprofit no matter what language you speak. Mayor Suarez: That's right. Commissioner Plummer: Spanglish. Mr. Odio: USTED RNTIENDE QUE TIENE QUE ENTREGARNOS SU PRESUPUESTO Y SU AUDITORIA COMMA ANTES DE DARLE... Commissioner De Yurre: Nonprofit, nonprofit. Mayor Suarez: First, you learn profit, then you learn nonprofit. Commissioner Plummer: You know, I love it around here. One guy is trying to talk and five others are trying to tell him what word to use in Spanish. It's great. Mr. Odio: ...ANTES DE DARLE NINGUN PERMISO PARA PONER ESTAS ESTRELLAS. Mr. Perez: OK. Mayor Suarez: Well, it's a very ample language. There are many synonyms. All right, thank you. Commissioner Plummer: I have moved the list submitted and... Mayor Suarez: Somebody call the roll. Mr. Perez: PERMISO, DESEABA HACER UNA PREGUNTA A LA COMISION DE MIAMI. Mayor Suarez: Yes. OK, we're going to vote, sir. We have a do have a second? Mr. Foeman: Yes. Mayor Suarez: Somebody second? Mr. Foeman: Commissioner Dawkins. Mayor Suarez: Commissioner Dawkins seconded? Thank you. Commissioner Alonso: Yes, he did. Mayor Suarez: Call the roll. All right, I second. Vice Mayor Dawkins: Call the roll. Commissioner De Yurre: Call the roll. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes? Mr. Fernandez: I really need.some clarification. Commissioner Plummer, if.youu:_.. would look at your packet, it has attachments. You have the resolution and then you have the map that lays out -the boundaries... Commissioner Plummer: Yes, sir. Mr. Fernandez: ...of -the'walk and then you have two exhibits, You exhibits "8" and: PC ". "h "are existing plaques on :the Latfn $tare i+Tai�t, Commissioner Plummer: Correct, Mr. Yernaandw There are sixteen of them already Commissioner Plummer; All right. 'm chairing the Mr. Fernandez; Ai t� those, you have no issues, no problems, you have not addreeeed those. The one that you're thinking of is exhibit "C" where there are 11 proposed stars to be placed and not yet placed. Those are the ones that you're... Commissioner Plummer; Then, I'm approving both of them. Mr. Fernandez; And then you're approving both of them. Commissioner Plummer: Yes, sir. Mr. Fernandez: Those that have already been placed in, whether they came here or hot for permission, as well as those that have not been placed in that they're coming and asking for permission ahead of time Commissioner Plummer: That is with this proviso that those 11 that have already been placed... Commissioner Alonso: Sixteen. Commissioner Plummer: Sixteen, are, in fact, approval that they've done a good job from Department that there is no liability. Mr. Prieto: Yes, sir, I can attest to that now. Commissioner Plummer: Fine. You couldn't at the last meeting, doctor. That was one of the problems. Mr. Prieto: That's right, I could not. Yes. Commissioner Plummer: I'm moving both of them in my motion. Mr. Perez: OK... Vice Mayor Dawkins: All right, any further discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: Upon adopted by AYES: NOES: ABSENT: Jr, roman; OK. RESOLUTION NO. 90 -903 A RESOLUTION APPROVING CERTAIN NOMINEES HONORED AND TO BE HONORED WITH THE INSTALLATION OF A PLAQUE ON THE "LATIN STARS WALK ". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) being seconded by Mayor Suarez, the resolution was passed the following vote: Commissioner Commissioner Commissioner Mayor Xavier None. Victor De Yurre J. L. Plummer, Jr. Miriam Alonso L. Suarez * Vice Mayor Miller J; Dawkins COMMENTS MADE DURING ROLL * Vice Mayor Dawkins; No, I'm... meeting. he.., 172 call in compliance and in full Dr. Prieto's Public Works him neXt, * Vice Mayor Dawkins: No, I can't vote for this because they got 16 in place and 11 more and we have no control over it. I have to vote no. COMMENTS MADE rOLLOWINO ROLL CALL: Vice Mayor Dawkins: Next item. Commissioner Plummer: Excuse me, just for the record, Commissioner. I think we are going to have control by the virtue that they have to have them approved and by virtue that they're going to have to surrender a budget to uer So, that's adequate for control, in my book. Vice Mayor Dawkins: Item 45. Commissioner De Yurre: Mr. Mayor, before we get to that, something came to mind that I've noticed at the Orange Bowl on the scoreboard, in the last couple of games. And to me, it's a bit embarrassing. But every time they run the thank you up, the names of the Commissioners, they're putting Miriam Alfonso instead of Alonso. Commissioner Alonso: I know. Mr. Odio: No, no, I... Commissioner De Yurre: So, either we got a new Commissioner that we don't know about or somebody... Commissioner Alonso: That's his fault. Mr. Odio: I saw it in the last game and I... Commissioner Alonso: I did too. Mr. Odio: ...had it removed, as a matter of fact. Take the whole thing down. Commissioner Plummer: Jankovich doesn't like her. Vice Mayor Dawkins: Max Cruz needs a job. Commissioner Alonso: Next time, I ask them to take it down. Vice Mayor Dawkins: OK, item 45. Commissioner Alonso: One question about... Vice Mayor Dawkins: Doctor... Commissioner Alonso: Yes. When will they come back with the budget? Mr. Perez: OK, LO QUE QUERIA PREGUNTAR ERA LO SIGUIENTE. SUPUESTAMENTE CHARYTIN... Commissioner Alonso: And a question. Vice Mayor Dawkins: Ask him in Spanish. Commissioner Alonso: Mr. Manager, are you listening? Vice Mayor Dawkins: You go ahead and ask him. Commissioner Plummer: Mr. Manager, the man needs translation. Mr. Perez: OK. PERMISO, SUPUESTAMENTE LA SENORA CHARYTIN Y MR, RAUL VELAZCO ESTAN APROBADOS DENTRO DE LO QUE ES ESTE package? TRANSLATION: Supposedly, Miss Charytin, and Mr. Raul Velasco have been approved within what is this package here today. Commissioner Plummer: That's correct. Mr, Fernandez: It's exhibit C. Commissioner Alonso; All of them, 173 Unidentified Speaker: OR. Mayor Suarez :.. TODOS, TODOS. Mr. Odio: Yes, TOMS LOS NOMBRES QUE ESTAN AQUI FUERON APROBADOS. Mr. Peru: OK, PERFECTO. Commissioner A1onso: OK, and clarification. When the budget will come to us? Mr. Odio: I'm telling him now. that unless we get the budget and the audit report, that we will not give them a permit to put any stars in and if he does put the star in without our permit, we'll remove it. Vice Mayor Dawkins: And who's going to pay the cost of your removing it? Mr. Odio: Well, they would have to at some point, but I'm trying to tell him that they have to comply with this. Mayor Suarez: They will. They've spent a lot of money for these. OK. Mr. Perez: Thank you. 61. DISCUSSION CONCERNING SAFETY OF POLICE (KAWASAKI) MOTORCYCLES. Mayor Suarez: OK, item 45. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Williams, I mean, Mr. Manager, when we bought the motorcycles, it was said on the record that we bought unsafe motorcycles and that the aluminum running board, for the lack of a better word, could shear off and cut off an officer's foot. So, I asked you to contact the manufacturer and see if this was true or if they had any safety checks. Did you do that, sir? Mr. Odio: We did do that and we found out that it is not the case and that there's other in Hialeah has the same motorcycles. We had had the same motors, we went to put the letter on record. Mr.;,Ron Williams: Yes, we.wrote to Kawasaki Motors; Iric.' at your. d ire'ction,. now, Mr. Vice. Mayor, and we did receive a response from them speaking to safety of the safe nature of the footboards and I think we've talked to those individuals :that.were concerned about it and the officers using the bikes and have resolved the issue. ,Vice Mayor. Dawkins: OK, but they are safe. Mr. Williams:.. Yes, let me read you the:.. Vice Mayor Dawkins: Just the paragraph that say they are safe. Mr. Williams: The paragraph that-says they're safe." "Aluminuit foottioa#rds`. have been standard. equipment on thousands of Kawasaki motorcycles in uae;-sjnce. 1978. The majority of law enforcement departments in the United Statee . specify, aluminum footboards. If I -may furnish any further °information please let me know. Yours truly, Kawasaki Motors Corporation, USA." Vice Mayor Dawkins: Thank you, no further questions. 114 — • _ 62. tRIEF DISCUSSION CONCERN/N0 REMOVAL OF TOXIC WASTE IN THE SOUTHEAST OVERTOWN / PARK VEST REDEVELOPMENT AREA - RESCHEDULE FOR DECEMPER MEETING .H 4.*:+6444 . ... 4,■oaaim. . 0446 ... 1.44 ............ ... . .. . 4,41 NOTE FOR THE RECORD: At this point, Agenda item 46 was tabled until 600 p.m. Agenda item 47 was called for discussion; the record was marked to reflect h0 appearance by interested parties. Mayor Suarez: Item 48. Removal of toxic waste in Southeast Overtown/Park West. Vice Mayor Dawkins: That has been withdrawn. Mayor Suarez: Item 49. Commissioner De Yurre: Yes, sir, Mr. Mayor. Vice Mayor Dawkins: I mean, I thought... wait a minute. Mr. City Attorney, your staff informed me that they had worked out language to accomplish this. OK, well, let's go ahead and discuss it. Maybe they didn't. Who's here? Commissioner Plummer: Which item are you speaking to? Commissioner Alonso: Forty-eight. Vice Mayor Dawkins: Forty-eight - I mean, 46 - 48. Mr. Odio: Toxic waste. Vice Mayor Dawkins: Yes, they told me that had been worked, the language had been worked out or something, I don't know. Mr. Odio: Did we, Herb? Mr. Herb Bailey: We have come across might be a little more useful. If we because we've, I think.... Linda, she's Mr. Jorge Fernandez: Yes, she should be here. Mr. Bailey: We have found a way in which, perhaps, through sources that wecould do some cleanup without any cost. •-. Vice Mayor Dawkins: Remove toxic waste without spending money? Mr. Bailey: Well, some pollution, yes, she's found some.. Vice Mayor Dawkins: OK, Mr. Mayor, I'd like to reschedule December 6th meeting. Mayor Suarez: Yes, let's make sure that we have At op the hopefully, final report. Yes, Commissioner Alonso? Mr. Bailey: Next meeting, because we want to Commissioner Alonso: Because you are aware there what you stated about the Camillus House. Commissioner Dawkins: Yes. Commissioner Alonso: OK, 175 . . • some additional information that perhaps: could defer this to December-thetth, here? have.4111' the information. is a discrepancy here. ;1.n this-for agenda for, - Mayor Suarez; Sure. r.ii.i iil:i.�tLil.Irl Yi Y::�riiDa�3iG T�.tnYYS a.�.�a�wtlrt YSit iii. a�wlYiS.I�YI.�.r..Yw ii.— L�i� —a�. a: a'. �fi:+. .r. 63. (A) CREATE, IN PRINCIPLE, $1,000,000 LITTLE HAVANA BUSINESS DEVELOPMENT LOAN PROGRAM TO BE IMPLEMENTED BY MIAMI CAPITAL DEVELOPMENT, INC. - TO STIMULATE DEVELOPMENT IN LITTLE HAVANA - INSTRUCT CITY MANAGER TO BRING BACK PROPOSAL TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH. (B) SET 30 DAYS TO ACCEPT LAND ACQUISITION PROPOSALS FOR THE LATIN QUARTER SPECIALTY CENTER, FAILING WHICH, ACCEPT, IN PRINCIPLE, CONCEPT OF IDENTIFYING SIMILAR LAND SITES TO BUILD SCATTERED SITE MIXED -USE PROJECT (COMMERCIAL USE ON GROUND FLOOR AND APARTMENT / CONDOMINIUM LIVING ON TOP FLOOR) - WITHIN LITTLE HAVANA AREA - SCHEDULE PUBLIC HEARING. Mayor Suarez: OK, item 49, Commissioner De Yurre. Commissioner De Yurret This is in reference to La Pequena Habana. Vice Mayor Dawkins: Move it. Commissioner De Yurret Well, you don't know... (LAUGHTER) Commissioner Plummer: Well, wait a minute, what did I miss? Commissioner Alonso: He's very effective now. Commissioner Plummer: What did I miss? Commissioner Alonso: Whenever he heard the word.... say, move it. Commissioner De Yurre: That wasn't - heyt Mayor Suarez: How much of it do you want to move? Commissioner De Yurre: That wasn't the cue. Mayor Suarez: How much do you want to move and where do you want to move it? Yes. Commissioner De Yurre: Mr. Mayor, I've got here representatives from Miami Capital. I think Tony's around here somewhere, and also, Jack Luft is here. I'd like to discuss proposals which I support and to bring to consideration before the Commission dealing with housing program, economic development program, for the Pequena Habana, and also that we may discuss the Specialty Center and trying to move because I think it's at . standstill and it's time to maybe put a time limit - maybe another 30 days - if something doesn't happen, that we scrap that. Mayor Suarez: I'm ready to entertain a motion just on that, if you'd like, that would say to the Manager, as we did with Little Havana substation a few years ago. If you can't acquire the land necessary build a basic, the smallest configuration within 30 -days, at reasonable prices, we abandon that particular effort and take whatever land we have, sell it or build something else on it. Thank God, the prices have now been going down and we make that .a very clear signal so we have that money available for other purposes. Commissioner Alonso: I think it will be appropriate if you repeat that that Florentino walked into the room, because I'm sure he's going to be very concerned about that comment. We were saying that if in 30 days the administration cannot finalize the acquisition of the land for the Specialty Center, then we should, perhaps, move ahead with other plans sincethis: one it's dead and we haven't been able to complete that. Commissioner De Yurre; At least we've got some land there that we can something and that may be part oft.. 174 Wovembe.i 8, Commissioner be Yurre: ...what I want .lack to address here today, which is... Mayor Suarez: Yest some land is already ours. There's also a theater there that even though it's not ours, you want to do something there probably and We don't want... Commissioner Alonso: And we should... Mayor Suarez: ...and we should. Commissioner Alonso: ...because it's been closed for such a long time... Commissioner Alonso: Funds have been assigned for the property, $150,000. And, for some reason, I have the impression these people are not going to go through with the deal. Maybe I'm wrong, but I'm beginning to have that feeling. Mayor Suarez: And maybe by applying the rest of the funds to smaller elements of the project, we can get something off the ground. Yes, Commissioner. Commissioner be Yurre: Well, my motion would be then that we give another 30 days to assemble the land. If, in 30 days, we haven't come up with the adequate land necessary to develop any of the proposals that we looked at, whether it's across the street or not, for the specialty complex, then that we move ahead with just building something on the land that we have acquired and take it from there. Mr. Herb Bailey: Commissioner, we don't have enough money, even if we could buy it all tomorrow. We know we have a plan of land assembly and we do have at least 1.5 million dollars to start that. Mayor Suarez: Well, put it this way then. If you're going to try to say that we have a constraint on the total amount of money that we have if we were able to negotiate, let's put it this way. If, within 30 days, they have not' negotiated to the point that we think we can acquire all of the land necessary' for one of the configurations, at least, we simply.get, a report back you and I guarantee that my vote will be to abandon the project altogether' and to start with parcels that we've already acquired. So that the Manager will know., and you will know that that is the price, that's how long we're going to be holding out our, offer to purchase. If they don't sell in 30 days, we will probably end up, this Commission will probably end.up redirecting the entire project. At least for myself, I will do that. Commissioner Alonso: But, Mr. Mayor, but then we will have to come up with another- plan in which we will say, then, at least in portions of the properties that we own, or the one that we acquire, we are going to be building whatever we make the decision to do.... Mayor Suarez: Yes, or, in my case, I wouldn't mind being interested in just for my vote, selling the land. And I hope that the person who sold it to :us, the parcel that we already have, does not argue that that's not a good idea because the land cannot be sold for a good price because he will then be telling us, and he's my friend, but he would be telling us that we paid . too, much for it and I hope he's not going to tell us that. Yes. Commissioner De Yurre: I think, Mr. Mayor... Commissioner Alonso: Well, I'm going to tell you exactly that it's going be very difficult to sell that land. Commissioner De Yurre: I don't think that... Commissioner Alonso: I'm telling you. right now that its going to be almost impossible, especially when you have vacant lots there and you have a theater that has been closed for such a long time. You have the Domino Park in front, you have a cafeteria that is a disaster area and then 4 vacant pieceofjaad and a MoDonald's. Who are you going to sell that..,. Commissioner Plumper: How much money do we have involved right now... Commissioner Alonso: It's going to be very difficult. 177 Commissioner Plummer: ...in the acquisition of land? Mr. Bailey: We have one and a half million dollars worth of cash ready to assemble land, We already.,. Commissioner Plummer: No, sir, I'm asking the question. How have we already spent for land acquisition? Mr,. Bailey: We haven't spent any. Off Street Parking has bought a parcel across the street and that's the land that's included in the whole development. Commissioner Plummer: Is that on the north side of S.W. 8th Street? Mr. Bailey: It's on the north side. Commissioner Plummer: And how much have they spent? Mr. Bailey: Nine hundred thousand dollars. I would like to say, you know our only chance of assembling this land - it's going to take a little more time than that - is to be able to take what money we have and try to cut an equity deal with one of the larger landowners on the south side, which includes McDonald's site. And we've been talking back and forth, back and forth. We know there are some financing gymnastics that were done by the property owner, but we're still trying to work out a deal by which he can take just enough probably to satisfy some mortgages and throw the rest of the land in as equity, so we can assemble that side. We did have a meeting in the Mayor's office with the owners of McDonald's who have been very supportive of what we can do. But... Mayor Suarez: Yes, but that meeting was... Mr. Bailey: ...it takes a while. Mayor Suarez: ...before September 30th - September 20th, because I sent a memo dated September 20th and now we're... that was at least 45 days ago and we still are not any closer to building a project there than we were then, Herb, and, for myself, I would say 30 days, come up with final offers. They accept it or reject it. If they're rejected, to the extent of our funding, we go to a different configuration or a different project altogether and I think that's what you wanted to... Commissioner Alonso: Mr. Mayor, Mr. Mayor, and-Commissioner, is -it possible, that we'say, let's wait until January because remember November and December are very difficult months and we might be losing lots of days in between and . in order to be much more effective. Commissioner De Yurre: Miriam, whoever wants to make a deal, they'll work on Thanksgiving. You know. Commissioner Alonso: That's right, but who's going to be so anxious as to do like that? I assure no one is going to jump on us and say, "Hey, I want this land. Believe me, people are not ready to buy anything there, I assure you of- that. Commissioner De Yurre: No, I don't want to sell the land. OK. Listen - up , Steve Helfman is here and he represents the owner... Commissioner Alonso: Who? Commissioner Alonso; Which property? Commissioner De Yurre: Who do you represent? Mr. Steve Helfman: We represent Landy Toledo and we don't have Commissioner Alonso; ph, that's the theater? Commissioner De Yurre; .,.of the - which property is it, Steve? Get up, man, let's get rolling here. 170 Mr. Helfmant No, that doesn't include... that's the McDonald's site He does own the theater? He owns the theater. Commissioner Alonsot People, I'm going to tell you on record, Pm hot that happy about buying the McDonald land. 1 think that in order to improve that area, McDonald's: looking very beautiful to me. If we improve something else, 1 think it will be better. Commissioner De 'Turret But, the problem is that we cannot buy... Commissioner Alonsot And 1 don't want to spoil your deal, sir, but really. Mr. Helfmant You won't spoil our deal, 30 days is acceptable. If we reach an agreement by that time, fine. If not, you have to proceed. Mayor Suarez: I'm glad you find it... Commissioner Alonso: My vote it's going to be against to purchase the McDonald. I'm going to tell you people right that because... Commissioner De Yurre: No, but it's not the McDonald property itself, it wouldn't affect the building there. Mayor Suarez: ...the one next to it. Commissioner De Yurre: It's , parking lot behind. It's the open space behind it. Mayor Suarez: The open space there. Mr. Helfman: Yes, that's correct. Mayor Suarez: The Toledo property there. Commissioner Alonso: And, do we have an appraisal of that? How much are we talking about, the property behind? Commissioner Alonso: Which one? The one in 15th Avenue or 14th Avenue? Mr. Jack Luft: The property behind McDonald's, from 14th to 15th Avenue. It spans the entire block and that was appraised at about $600,000. Commissioner Alonso: Hold it, you mean the... is the same property the one from 14th to 15th Avenue? Mr. Luft: The parking lot goes all the way through. Commissioner Alonso: It was never one property. Mr. Luft: The parking lot behind... Commissioner Alone(); Is it Florentino's one property? It is not. Mr. Luft: The parking lot behind McDonald's goes through the block. Commissioner Plummer; But they don't own it all. The City owns a portion:pf that, don't we? Mr. Luft: No. No. We have nothing in there. Commissioner Plummer; Behind Domino Park we don't own? Mr. Luft: No, Commissioner Alone(); How big it is? 179 Commissioner Plummer: And you're saying that that big parcel -across -01* street which is commercial frontage brought $900,000 and this, which is not commercial frontage, is going to bring $600,000? Mr. Luft s It's a bigger piece of land. But it's nbt.„ • Commissioner Plummer: But it's not zoned the same Way. Mr. tuft: Yes, it is It's the same zoning. Commissioner Aionsot Now big it ie? Mr. Luftt. I don't recall the square footage on the parcel. I can look that up for you. Commiesioner Alonsot Frontage is fifty, isn't it? Mr. Luftt The frontage is only about 100 feet. Commissioner Alonsot Hundred? Mr. Luftt Yes. We have 300 feet of frontage on the Off Street Parking parcel. There's only a hundred feet of frontage on the parking lot parcel next to McDonald's, but 50 of that is taken up by a driveway and a parking space that's committed to McDonald's in the long term lease. So, there's... abide . by = that`, Commissioner Plummer: Now, what about the rest of the property? What about the property from the McDonald's lot west to Domino Park? Mr. Luft: Well, there's only... there's on that block, the corner... Commissioner Plummer: McDonald's is on the corner, Domino Park is on the other corner. Mr. Luft: The corner on 14th - right, and in the middle, there's a vacant lot, a piece of grass... Commissioner Plummer: Right. Mr. Luft: A driveway with a parking, parallel parking stalls on it and the Perez -Sosa bakery. OK? Commissioner Plummer: OK, what about the little cafeteria there? Mr. Luft: That's the Perez -Sosa bakery property. Commissioner Plummer: And what about acquiring that? Commissioner Alonso: All the little cafeteria? Mr. Luft: We have made an offer on that property. It was appraised at about $170,000 and the owner says that they're entertaining offers in the high $300,000 range. Commissioner Plummer: Yes, but you see, the point I'm trying to get around to, if you don't have the chance of acquiring it all... Mr. Luft: There's not point in acquiring just one parcel. Commissioner Plummer: Exactly. Mr. Luft: You're right. Well, all of our offers are contingent upon this Commission approving the final package and... Mayor Suarez: Right, in this case, they're going to also be contingent on the whole thing being done in 30 days. That puts that much more pressure, Jack, on us. Mr. Luft: That's right. Mayor Suarez: And, if they don't believe that we're going'to they better. Commissioner Plummer: Do we have the money if they agree ? Commissioner Alonso: Oh, i see your point? Good, Mr, Luft: 'It depends on which parcels you're talking ,.abgnt 100 Commissioner De Yurre: ...explain the concept about the scattered housing and commercial space. Commissioner Piurnmerr Well, 1'tn tacking about both, six hundred and three hundred, is $900,000. too we have nine hundred thousand? Mr. Luft: We have enough money to buy the parcel on-the south side of the street, according to our appraisal. hut, according to the asking price of the property owner, they want double that, 2.6 million. Mr. Odiot We have found, Commissioner Plummer, that what we have appraised and what the asking price is... that's the problem, we cannot pay what they're... Commissioner Plummer: So, in other words, then should we send a message that if we can't buy for appraised value, it's done and over with? Mr. Luft: That's what it amounts to. Mayor Suarez: That's it. Mr. Odio: That's what it amounts to. Commissioner Plummer: I'll tell you something, that little coffee shop is one of the best cocaine distribution centers in the City. Why not get it under RICO? Mayor Suarez: All right. Back to the proposal that was in 30 days. All offers are withdrawn and all negotiations end, and a report back to the Commission. How's that? Commissioner Alonso: If we're moving into that direction, walk across the street and go to the other side and acquire another one too. Commissioner De Yurre: OK. No, Jack... Mayor Suarez: All right. Commissioner Plummer: I'm sorry? Mayor Suarez: OK, on the... Commissioner De Yurre: Jack. Commissioner'Plummer: Where are we? Mayor Suarez: He's inquiring. Commissioner De- Yurre: No, I wanted Jack... he's got a concept which I like that.I want him to present before the Commission. Commissioner. Plummer: Let me clear the record so I don't get sued for slander. It was not in that coffee shop, it was in front of that coffee shop. It might interest you to know, Jack, that I went there on a sting: operation. One of the people that was arrested was 65 years old. Amazing! Mayor Suarez: ...proposal on the concept of having scattered site affordable housing projects which I saw your report and it looked very impressive, very interesting. Mr. Luft: OK, the concern, of course, has been with the Specialty Center is how do we restore vitality to that commercial district along S.W. 8th Street? Were all trying to improve conditions for the merchants. The proposal addressed, not so much the merchants themselves or the commercial aspect o it, but the market which supports that commercial base. We can number of incentives to individual shopkeepers or land owners to build retail, but until we begin to improve the market base that supports the retail, the conditions in there will remain difficult, at best,'. The moat .Actable stet.etic we find in—looking at Little Havana is :that..lack of .harps QWner8h ±p, In tact, for 20 yeare the decline in home ownership It hear become`75, scent rental and most , of that is overcrowded 1 won't se$ i.t+'e:;subetedda:rd : . lel November We certainly not good quality rental. It leads to a situation where there's a high turnover in families and individuals. They come, they get out as soon as they can. People do not grow up and put roots down there for homes. They move out to Westchester or whatever they can find decent housing. We believe that in order to stabilize that market base for retail, to create a situation where those merchants can thrive, we need higher home ownership, we need affordable housing, we need to bring families back and we need to create a situation where they can put down roots and raise generations of people who can remain in Little Havana. They want to remain, but they don't have the means of staying there. So, the objective would be to create not one put all our eggs into one specialty center basket, which is largely tourist oriented, but to create multiple sites, a half dozen properties of twenty five to fifty thousand square feet in area, which is sizable enough to build projects of from 50 to 150 units, that would have retail on the ground floor. It would incorporate some open space, a small plaza. You could probably bring small markets to the area and start building back a concentration of home owners. Not unlike the Rio Plaza project where many families were anxious to come into a difficult area, an area that many people predicted we could not sell home, but, in fact, provided at the right price, people will buy-them and they are anxious to buy them. Little Havana, S.W. 8th Street, in this particular area, the Latin Quarter, is, in fact, a stronger area, and we believe can succeed, has an excellent chance of succeeding if we can package the right kind of incentives for affordable housing. Commissioner Plummer: Where? Mr. Luft: Along S.W. 8th Street. We have one site right now, the one that the parking authority has. There are several sites that are up for sale and as long as we're dealing with willing sellers, on a fair market basis, and we have the option of picking and choosing between sites, I think we can, in fact, purchase sites at a reasonable price... Mayor Suarez: When we get messed up is when we get stuck with a particular site. Well, for... Mr. Luft: When we tell property owners that we have to have their property to do the deal, they become very difficult, and that... Mayor Suarez: Jack, as an example of one, his former property. Suppose we, and I'm not saying that's the way this Commission is heading, but suppose we were to decide that the Specialty Center just cannot be built. Suppose we were to take his former property, would that be logical to propose to a nonprofit developers for affordable housing? Mr. Luft: Yes. It's a sizable enough site. Mr. Odio: But, I don't think I would agree only on housing, that I would agree on a business... Mr. Luft: Mixed use. Mr. Odio: ...commercial mix. Mayor Suarez: Except I just don't.... Commissioner De Yurre: Well, that's the concept that we're talking about. You have to have commercial that will be supported by the homeowners that are going to be living on top of those businesses. Mr. Luft: That's right. Mr. Odio: See, our original idea of the Latin Quarter ia... Mayor Suarez: Mr. Manager... Mr. Odio: ...and we would have housing in the quarter and then we would have mixed use... Commissioner Pe Yurre: But, the concept here is instead of doing it in a concentrated fashion, that would only have an impact over, maybe a two bock area, if you have one here, then two or three blocks down the road, you have another one, then you spread out that impact and you develop the whole street as opposed to just one particular pocket, 182 Novenbor 8, 4990 Mayor Suarez: And, What I don't want is for us to be sitting around trying to be planners, as a City. With all due respect for our planners, it sometimes doesn't Work. We've put out for bids now tWo commercial type projects With long term leases. No one has bid. Mr. Luftt Which projects were these? Mayor Suarez: No, I don't want to get into which one but I'll tell you privately which two they are and the Miami Herald is liable to pick up on it Let her figure out which ones we're talking about. Put, neither one, a single bid came in. The City thought, you know, we're going to be the developers, we're going to be the planners, we're going to do everything, and neither one brought forth any bidders. Whereas, affordable housing projects, everytime we've said, here's land available, nonprofit developers, for - profit developers, either one, we'll make this land available at a very low Cost. Are you willing to build affordable housing? People beat down our doors, we have them here, we have for- profit, nonprofits, so that should tell us something about the market. Plus, the land is then being put into the market. It's giving us taxes and it's bringing something in. If we say we want a particular mix of commercial and residential, maybe it'll work, maybe it won't. Maybe we'll sit around for another ten minutes planning it. That's what worries me. Vice Mayor Dawkins: You know, why are we going through this? We're building affordable housing all over the City, Liberty City, Overtown, we're building affordable housing. So why do we have to argue about putting affordable housing where we're trying to put it now? Commissioner De Yurre: Well, this has the component of commercial underneath, which I don't think has ever been developed in this City. Mr. Luft: And I think we're talking about higher density here. Commissioner Plummer: Well, but I think we're also talking about one other thing that's not being said that I always bring up. And that is, that the only way that these developers are interested, is to get the property free of charge or damn near free. Now, you know, that pot eventually has got to run out and I'm asking you where this money is coming from? Do we have the money to buy? And I'm not hearing that if, in fact, it goes to a private developer, that he's not going to come in here, as all the rest of them have... Vice Mayor Dawkins: No, we develop it, J. L., our Housing Agency. Commissioner De Yurre: Well, haven't we done this scattered housing program? Vice Mayor Dawkins: Yes, our Housing Agency develop it. Commissioner De Yurre: We get our money back there. Commissioner Plummer: If we're going to be the developers, that's fine. OK? Vice Mayor Dawkins: We will be the developers. Mayor Suarez: OK. Then, back to Latin Quarter. need from the Commission, Commissioner? Commissioner De Yurre: Well, the point that I'm trying to make with this concept is that certainly one does not exclude the other. You know, we can continue with the Specialty Center and start implementing these concepts and start identifying pockets of land that we may be able to buy, or where.you got a 200 foot frontage, or something like that, that we can find up and down 8th Street and start developing this concept. Mr. Odio: She had property available up there and.., there aren't many properties... Commissioner Aionso: Twenty Avenue, Mr, Odio: Twenty-fourth Avenue, 189 What other action do you NQVotober • Commissioner De Yurre: So it would be a Matter to start looking to see what we can find that's affordable, and the point that I am trying to make also was as far as the Specialty Center, the land that we own, if we can't assemble it then that would be a prime piece of land to start with the first project of this nature. Mayor Suarez: Absolutely. Commissioner Plummer: Victor, let me Just express one other concern on the record, and I am assuming that you all probably more than I have. Driving down the streets of 2nd Street, and 3rd Street, and 4th Street, the density is getting unbelievable. Those streets are so jammed packed with cars, that you can't hardly move and you can't on most of those streets, can't get two cars to pass each other. I am only cautioning, a word of caution that says, that any given district can only stand so much density. Now you are talking about putting more residential, and I don't have any problem with affordable housing, I think it's great if it's put in the right place. If I had anything to do... Mayor Suarez: You can also build in a requirement of off - street parking in part of the building. Commissioner Plummer: Well Mr. Mayor, I'm just giving a word of caution that if you travel those streets, the density of the automobiles right now, you can't move. - which means more people. Mayor Suarez: Yes, because there is no off - street parking. They don't have any parking garages, or anything. Commissioner Plummer: And all I am saying to you is that we better keep that in mind. Mayor Suarez: OK. Commissioner De Yurre: No the advantage of that J.L., is that you have 8th Street which is a wide avenue, and 7th Street right behind that which is another three lane street, so. Mr. Odio: And so... Commissioner Plummer: Victor, the problem that I have there is SW 8th Street is basically always been an impression that it was for commercial, and if you eat up the parking with residential, then there is not going to be any parking for the people to go and do business with the merchants.. So, you know, all I are giving is a word of caution, that, that place is about to explode from our worst enemy, the automobile. That's all I am saying on the record. Mayor Suarez: Anything further you need from the Commission? Mr. Odio: Well, I need... Commissioner De Yurre: That is my concept, and I also have here,' Tony from Miami Capital, I want him to .explain another... the economic. development program that we are talking about,.where we are going to get some dollars from Miami Capital, along with private banks to try to get, and assist, commerce in the area, and businessmen that want to open up, or expand their present businesses. Mr. Tony Crapp: OK. Mayor Suarez: When you do that, tell us also how much money is available right now, Tony? -so we have an idea of where we are. Commissioner Plummer: Just write us a check. Mr. Crapp: All right, sir. I am Tony Crapp, I am the executive director of Miami Capital Development, Inc. One of the things that I have been discussing with members of staff, and the Community Development Department, is sow type of program that could be developed to stimulate development activity in the Little Havana /Little Quarter area. The emphasis of the program that we have come to propose, or to develop up to this point, will be a program that is targeted towards promoting physical development in the area - and that to re : 184 NQvewbe • • estate related development projects. We are hopeful that with funding that's available through Miami Capital to be leveraged with additional community development dollars, that we hopefully could come up with two hundred thousand dollars ($200,000) from Miami Capital, and another eight hundred thousand dollars ($800,000) of community development funds to be reprogrammed. Basically, a one million dollar ($1,000,000) program that could be used and leveraged to generate physical improvement for business development in the Latin Quarter area. The program would involve some very key essential elements. The program would target private bank participation, that is a key towards getting these loans would be that banks must be involved in terms of leveraging, the dollars that are lent in this particular program. We are envisioning that this program will make loans up to a hundred thousand dollars ($100,000) at an interest rate of about six percent, which will make it attractive, incentive, and would also allow with the private bank participation that we are requiring a blended rate between the private bank loan and the City assisted loan to be well below market, and certainly below ten percent which is a very attractive rate. And we are also offering on the City of Miami... of the City portion, or the public assisted portion of this, a fifteen year maturity on the program. The idea of this is to of course, encourage the physical improvement of real estate which is really what we are focusing on. In that way, we are recommending, you know, that this program, with the leverage ratios that we are requiring, it will, with the one million dollar ($1,000,000) capitalization , generate at least two million dollars ($2,000,000) of development activity in the Little Havana area. We are also projecting that at the maximum of a hundred thousand dollars for each of the loans that there would be ten physical improvement projects that are related to business development that could be used to stimulate the activity that you want to see happen in that Little Havana /Little Quarter area. Commissioner De Yurre: What are you talking? - ten that would get a hundred, up to a hundred, or is that ?... Mr. Crapp: Ten, up to... at a hundred thousand dollars each. Commissioner De Yurre: Or is it matching with the private lender? Mr. Crapp: Yes. The hundred thousand dollars ($100,000) would have to be matched on a two -to -one basis with the private bank. Commissioner De Yurre: So they would end up getting like three hundred thousand dollars ($300,000) total? Mr. Crapp: That's correct. So we are talking about really the one million dollars ($1,000,000) that we would capitalize to fund with, plus two million ($2,000,000) worth of private bank matching, so three million dollars ($3,000,000) worth of total investment. Mayor Suarez: Does that mean that you do have roughly a million dollars ($1,000,000) right now in available capital? Mr. Crapp: No, sir. What we have come up with is two hundred thousand dollars ($200,000) that we have unappropriated in Miami Capital's City Revolving Loans Fund Program that stands ready to be matched with additional dollars to provide the initial capitalization for the program. Mayor Suarez: OK. What do you need? Commissioner De Yurre: I think it's a good program, it's a matter of you know, going out there and promoting the area. You know, if we started working in a concentrated effort of you know, building up housing, at the same .time, giving commerce the opportunity of having people to draw from to keep those businesses going, and providing them the funding to open up the businesses, or to improve their businesses, I think that we can make an impact in the area. Now as far as, I don't know if the administration needs anything from us as far as a motion to put these monies into play, or to create this program. What is the procedure? Mr, Odio; I think a motion would be in order. Mayor Suarez; Is in order? OK. Commistltoner be Yurret So the motion would be to create the program With the... with how Much. money are we getting? - eight hundred thousand from the City's... Mayor .Suarezt CMG? Mr. Odiot It's a million dollars total? - it that what you said? Mr. Crapp: It will be a million dollar total program. What we are saying it that... Commissioner Alonsot Eight hundred thousand, plus two hundred. Mr. Crapp: Eight hundred from the City, plus two hundred from Miami Capital. Commissioner Alonso: Yes, a million. Mr. Odio: It's a total of a million dollars ($1,000,000). Commissioner be Yurre: Ten million dollars ($10,000,000) to implement the program which you have detailed, and of what you have a total explanation right there in writing, which would be a two-to -one matching... Mr. Odio: Right. Commissioner De Yurre: ... with lenders from the private banking, two to one matching what the City is kicking in, and for development, it would be for capital improvement, not for... Mayor Suarez: Operations or administration. Mr. Crapp: No, these would be loans for businesses strictly for real estate acquisition. Commissioner Plummer: Acquisition? Mr. Odio: Acquisition. Mr. Crapp: Acquisition to real estate or improvement. Acquisition or improvement to real estate. Mr. Odio: Capital improvements. Mr. Crapp: Yes. Commissioner De Yurre: Now the capital... Commissioner Plummer: Now wait a minute now. There is a lot of difference . between acquisition and improvement. • Mr. Odio: He is saying two things. He is saying or... Commissioner Plummer: Well, but I am going along with the idea of, the improvements. Mr. Odio: But what it... Commissioner Plummer: Now for someone to buy additional different ball game.- Commissioner Alonso: and /or improvements, Oh, it says very clear, related 'real - acquisi Mayor Suarez: I prefer to deal with those that have either their land,.. or that are willing to build on City land, but not that we give them money right now to acquire land. I agree with J.L. on that. Commissioner Plummer: No, no, Mayor Suarez; 1 much rather deal with those that either already half purchased it lcnowing that this program was going to be in effect, or ` . who a ,r willing to come in to City land on some kind of :return basis, Tisualiy, yc are the one that want the highest return, and 1 want a : little . lose _ return, either way, are willing to give a return to the City on land that we own 186 . Mr. Odio: Or rent? Commissioner Be Yurres NbW, when We talk about capital acquisition, are We talking about real capital acquisition? Mr. That'a'what I... Commissioner Hummers That's not capital. Mayor Suarez: Oh, no, no. That's improvement. Mr. Odio: It has to last more than seven years, sir. Commissioner De Yurres or are we talking about personal, such as refrigerators, kitchens, stoves? Mayor Suarez: But I mean, 1 think, that's not... he has no problem with that, I think he has a problem with the idea that we would pay for people to acquire land. - Commissioner Plummer: No way. Commissioner De Yurre: OK. No, that's fine, because the concept is to get these businesses going, not to... Commissioner Plummer: Well and also, the concept is, is to keep the businesses there that we have got. Commissioner De Yurre: Well that's why it's either to expand or improve an existing business, or to open up a business. Mr. Odio: But what if somebody wants to bring in a business, new business? Commissioner Plummer: In an existing piece of real estate that they buy? I have no problem. Mr. Odio: They should give them an incentive... you should give him... Commissioner Plummer: I have no problem with that, but not the money, not to be used to buy the real estate. They buy the real estate... Commissioner Plummer: ... they want a loan to fix up the real estate and do their... - fine. Mayor Suarez: Yes, they have to bring something to the negotiating table here, they can't just sort of... Commissioner Plummer: That's right. Mr. Castaneda: Let me clarify something. What is being proposed, two -to -one match. Commissioner Plummer: That's right. Mr. Castaneda: So what Tony is saying is, that if you have a three hundred thousand dollar ($300,000) deal, let's say, the City will be putting in a hundred thousand dollars ($100,000) and Miami Capital will be putting in a hundred thousand dollars ($100,000), and he will be obtaining two hundred thousand dollars ($200,000) either from equity or from some private bank, What he is saying is that, that activity could include the acquisition `of . soma property. Commissioner Plummer: No, not the acquisition of real estate, no, e Mr. Odio: No, he is not, J.L., that's what he said, no. Mayor Suarez: His match, now the developer's match could be t real estate. Mr. Crepes OK, correct, yea. �a� Commissioner Plt ram r: You khow, I understand what you are saying, I wbuid much prefer to keep the businesses that are there, there. Mr. Mayor, just for your edification, I talked to a federal bankruptcy judge, and it's a sad state Of affairs, Last year there were'approximately seven hundred bankruptcies e : month filed. This year, this month there is a thousand per month. Mayor Suarez: `yes, but you can't spend your money... Commissioner De Yurre: I know one of them. Commissioner Plummer: Not me. Commissioner De 'Yurre: No? Mayor Suarez: You can't spend your money trying to bail out people who may be on their way out when you're trying to improve an area physically. Commissioner Plummer: What I am saying is, to keep those there, and keep them viable, that's what I am saying. Mr. Odio: OK. So, do you want us to bring this in detail back? - so I set out... Commissioner Plummer: Sure, there has got to be rules and criteria set for it. Commissioner De Yurre: Yes, we are moving this in principle right now. Mr. Odio: So I'll bring it back in December 6th. Mayor Suarez: OK. Vice Mayor Dawkins: So what you are saying is that a person in business has a priority over attempting to maintain his business, rather than an individual coming to start a new business? Is that what I hear you saying? Commissioner Plummer: If he buys the property, we would make a loan him to fix it-up, to' improve it, and to get it operating. Vice Mayor Dawkins: I'll ask my question of the :administration again. Commissioner Plummer: Excuse me. Mr. Odio: The way I understand it, yes, the person that is in... Vice Mayor Dawkins: No you, Mr. Plummer, administration. Commissioner Plummer: I'm sorry. Vice Mayor Dawkins: Thank you, sir. Thank you. Mr. Odio: The way I understood it, is that whoever is there priority. Vice Mayor Dawkins: I'm asking, I don't know. Mr. Odio: See that's... Vice Mayor Dawkins: I don't know, I am asking. Mayor Suarez: You can't establish that flat of a priority, you are not going to get any capital improvement projects, you are just going to get a bunch'of people who are going to come and ask for loans to theoretically expand, and you know, the idea is to bring major capital infusion into the area. or that, you've got'to be'dealing with new businesses. Vice Mayor Dawkins: New business. OK. Commissioner Plummer: As well, Commissioner De Yurre: Yea. People come is for example, , 188. Mayor Suarez: Now, it doesn't prevent an existing one that wants to expand, or whatever, that's OK, too. CoMnisaioner De Yurre: You know, Mr. Mayor, usually what happens is somebody leases a property that's already existing, then they heed money to fix it up and to get it going. Vice'tMayor Dawkins: Not to build it. Mayor Suarez: Yes. That's right. Commissioner Plummer: Yes, but you see. Commissioner De Yurre: Just like what is there? - an Italian Restaurant on..., right of of 16th and 17th that opened up recently? Commissioner Plummer: Yes, but Victor, one of the other things is, if you don't allow them to buy property with it, that property serves as collateral, and that way we can be assured that we are going to get money back to continue the program. Mayor Suarez: This is a whole different kind of a program. Vice Mayor Dawkins: Two of them - two of them are repaid. Commissioner Plummer: And where are you proposing... Street? -and what boundaries are you suggesting? Mayor Suarez: We have an idea of the boundaries? Commissioner De Yurre: I would say within the Little Havana area. Mayor Suarez: Little Havana target. area. Commissioner Plummer: In other words, you are not limiting _.it:.just to 8th Street? Commissioner De Yurre: No Flagler Street needs as much help also. Commissioner Plummer: OK. I'm just asking for clarification. Commissioner Alonso: Yes. Mayor Suarez: Yes, Flagler and 8th will be likely to draw the most amount of interest. Commissioner Plummer: No. NW 7th Street. Mayor Suarez: In NW 7th? Commissioner De Yurre: Our goal is to improve the area in general, and they want to open up along 12th Avenue... Vice Mayor Dawkins: Tenth Avenue, Commissioner De Yurre: .,. whatever. 109 l,►�1Rb�9 Commissioner De Yurre: Well then, are you going along with the idea of being able to buy the property? - real estate? Commissioner Plummer: They own the real estate, that's the collateral. You also have to establish... let's learn from our past experiences, OK? Of the loans we made before, we are now in court on almost every one of them, if I am not mistaken. Commissioner Plummer: I understand, but let's learn by our mistakes of the past. Mayor Suarez: This is a capital improvement program where people are going to be expected to bring in large leverage factors, they are going to take a certain amount that we give them, they are going to have to match it with private financing, it's a whole kind of a program. is this only for SW 8th Vice Mayor Dawkins* Seventeenth Avenue. Mayor SUarett Right, Commissioner De Yurre: That '8 Where it's at. Mayor Suarett OK. With those parameters. Commissioner De Yurret So in principle, / move that in principle. Commissioner Plummer: Second. Mayor Suarez: :Moved and second . in principle. Any further discussion, Commissioner? Commissioner Alonsot_ No. I just wanted to ask Jack to bring tome, copies of the appraisals of the properties in question so I can take anotherlookat this. Mr. Jack Luft: Yes, Commissioner Alopso: Thanks. Mr. Luft: Thank you. Mr. Odio: On the house... Mayor Suarez: Any further discussion? If not... Commissioner De Yurre: Call the roll on that. Mr. Odio: Just one question on the housing part of it Commissioner De Yurre: No, were going to go back motions here, I guess. We'll.go first on this one. Mayor Suarez: OK. Call the roll on that motion. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90,904 . A MOTION IN PRINCIPLE, INSTRUCTING THE CITY MANAGER TO CREATE A ONE MILLION DOLLAR ($1,000,000) LITTLE HAVANA BUSINESS DEVELOPMENT PROGRAM WITHIN THE BOUNDARIES OF THE LITTLE HAVANA TARGET AREA TO BE IMPLEMENTED BY MIAMI CAPITAL DEVELOPMENT, INC., ALLOCATING $800,000 •kY FROM THE CITY OF MIAMI COMMUNITY DEVELOPMENT FUNDS AND , $200,000 FROM MIAMI CAPITAL DEVELOPMENT, INC. FUNDS, TO PROVIDE LOANS TO BUSINESSES IN ORDER TO STIMULATE 7 REDEVELOPMENT (EXPAND/IMPROVE EXISTING BUSINESSES OR. OPEN NEW BUSINESSES); FURTHER STIPULATING THAT LOANS SHALL NOT BE GRANTED TO PURCHASE REAL ESTATE; FURTHER STATING SAID FUNDS ARE TO BE MATCHED ON A TWO-TO-ONE , BASIS BY PRIVATE LENDERS; AND FURTHER INSTRUCTING THE MANAGER TO BRING BACK A DETAILED PROGRAM PROPOSAL FOR THE CITY COMMISSION CONSIDERATION AT ,THE MEETING, PRESENTLY SCHEDULED FOR DECEMBER 6, 1990. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 190 •. • 1 „ • to that. :There arectwO. AS NOES: None. APSPNT: None. Commissioner Victor be Yurre Cotaisaioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Commissioner De Yurre: Now the housing, what explanation, what clarification do you need? Mr. Odio: I think I want more a specific... I want clarification exactly what you propose that we do immediately. Commissioner De Yurre: OK. My concept which is basically Jack's concept that of the same concept we have for scattered housing. You buy pieces of a lot here, and a lot there, and you build a home. But this is taking it one step further, it is going to be a mixed use commercial and apartment condominium type living on top. which I am kind of... which I am adopting here, is the fact Mr. Odio: All right, I understand that. Commissioner De Yurre: Now the scatteredness of it is, you may buy, and now to use this as an example, the land we already have at the Specialty Center, if that doesn't pan out that we cannot purchase the rest of the land to develop it, let's build something there that will serve as a commercial enterprise with apartments on top. And do that and start looking for land similar to that or 200 square feet, whatever we need square footage wise, to start building this concept throughout 8th Street, and Flagler Street, and the Little Havana area. Mr. Odio: You want it... but that's... my other question is, do you want to keep it in 8th Street and Flagler, or in ?... Commissioner De Yurre: Wherever we can find land that makes it a viable concept, anywhere in Little Havana, is going to be a good deal. Commissioner Alonso: Yes. Vice Mayor Dawkins: 'Mr. Manager, Mr. Manager, you're going to have to build. it off of 8th Street, or somewhere so that the people" who go in there, will come on 8th Street and support the business. Mr. Odio: OK. Vice Mayor Dawkins: You don't want to put the businesses off of 8th I don't think now EFa_. Commissioner Plummer: Well' Commissioner, let me just, since he made the other comment, I agree with you that basically, 8th Street is a commercial corridor, agar but he spoke before about the commercial on the bottom and residential on the top, and I would have no objection to that... Mr. Odio: No, that worked in El Boka. Vice Mayor Dawkins: Yes, but the scattered site housing J.L. I'm saying the scattered site housing should not go on 8th Street. Commissioner Plummer: No, no. Vice Mayor Dawkins: It should go on 7th Street where people would go. Commissioner Plummer: Yes. Mr. Odio: So, in the meantime, we will proceed to find scattered e Sth Street or wherever we find., Commieeioner De Yurre; Wherever the main thoroughfare fie the _sv4.nve main streets, that you can -have commercial underneath and epartmente , 191 Mr. Odio: night, OK. And we have sixty days ?.., Commissioner De Yurre: And let one tell you, if... Vice Mayor Dawkins: And parking. Commissioner De Yurre: ... and parking is going to have to be built in course. Commissioner Alonso: Oh yes. Mr. Odio: Right. Commissioner De Yurre: You know that maybe that within the Latin Quarter, we may find within the zoning that is allowed there, that we can start doing some kind of project in there if the..: you know, if we have the proper toning for that Mr. Odio: OK. And on the Latin Quarter side specifically, the Speciality Center, what you want us to do, we have... Commissioner De Yurre: Thirty days... Mr. Odio: ... thirty days. Commissioner De Yurre: ... days to come up with proposals to do the deal or now we've got to move on, because it just won't happen. Mr. Odio: OK. I've got it. Commissioner Plummer: J.L. Plummer, I've got all my young athletes in here. Commissioner De Yurre: You need a motion on that? - Cesar, you don't need a motion? Mr. Odio: No. Commissioner Alonso: I'd like to add something. I think that if we are going to go in this concept, I would like to see a public hearing on this issue. I would like to see a public hearing to see what the people of the area... Commissioner Plummer: Oh, we are approving it in principle now. Commissioner and we agree Commissioner De Yurre: Well, it's going to come back. Alonso: I understand, now. But if we finally, after we study that it's... Commissioner Alonso : ...'a fine project that we have discussed now, ;I think that we should do it in order to be certain that that's what the people: of the area want in 8th Street especially. Mr. Odio: So why don't we... Commissioner De Yurre: We are approving this in principle. When back for a vote, final vote, then that will be a public hearing. Mr. Odio: She is telling me, we need a motion. Commissioner Alonso: Yes. Commissioner De Yurre: I move this concept. Unidentified Speaker; It should have a motion on the thirty days. Commissioner Plummer: Second, Vice Mayor. Dawkins: It's been properly moved discussion? Hearing none, call the roll, please, 192 The following motion wee introduced by Commissioner De Yurre, who moved its adoption: Upon adopted by AYES: NOES: None. MOTION NO 90 -905 A MOTION INSTRUCTING THE CITY MANAGER TO SET A TIME PERIOD OF THIRTY DAYS TO ACCEPT PROPOSALS IN CONNECTION WITH LAND ACQUISITION FOR THE LATIN QUARTER SPECIALTY CENTERS IF NO FRUITFUL NEGOTIATIONS WERE TO MATERIALIZE WITHIN THAT TIME, THEN THE CITY COMMISSION, IN PRINCIPLE, APPROVES THE CONCEPT OF IDENTIFYING LAND SITES, SIMILAR TO THOSE CONTEMPLATED FOR THE PROPOSED LATIN QUARTER SPECIALTY CENTER IN ORDER TO BUILD A SCATTERED SITE MIXED -USE PROJECT, WITH COMMERCIAL USE ON THE GROUND FLOOR AND APARTMENT /CONDOMINIUM TYPE LIVING ON THE TOP FLOOR, WITHIN THE LITTLE HAVANA AREA; FURTHER INSTRUCTING THE MANAGER TO PROCEED TO IDENTIFY SAID SITES FOR THE AFOREMENTIONED MIXED -USE PROJECT; AND FURTHER DIRECTING THE ADMINISTRATION TO SCHEDULE A PUBLIC HEARING ON SAID ISSUE WHEN IT IS BROUGHT BACK FOR THE COMMISSION'S FINAL CONSIDERATION AND REVIEW. being seconded by Commissioner Plummer, the motion was passed and the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins ABSENT: *Mayor Xavier L. Suarez *Note: Although absent on roll call, Mayor Suarez requested to be shown as voting with the motion. COMMENTS MADE AFTER ROLL CALL: Commissioner De Yurre: We already voted on the thirty days for the Specialty Center? Commissioner Plummer: That's where I was in it. Vice Mayor Dawkins: Yes. Mr. Plummer. Commissioner Plummer: Get your athletes. Vice Mayor Dawkins: I have all my athletes in here, and you're smoking and corrupting their lungs and mines, put your cigarette out. OK. I think that ends the regular agenda. (APPLAUSE) 64. AUTHORIZE SALE OF 26 SURPLUS POLICE PATROL MOTORCYCLES TO SISTER CITIES OF SAN JOSE (REPUBLIC OF COSTA RICA) AND SANTO DOMINGO (DOMINICAN REPUBLIC). Commissioner Plummer: Mr. Vice Mayor, I have an emergency item, if I may, Vice Mayor Dawkins: What's that? Commissioner Plummer: A resolution authorizing the City Manager as designate to sell to the Sister Cities of San Jose and the Republican of Costa Rica, Banta Domingo and the Dominican republic, after execution of the appropriate release documents 26 surplus police patrol. motorcycles, a negotiated total price of fifty thousand dollars ($50,000) as provided in section 18.51.4 of, the City Code, the- negotiated price is ,exclusive of transportation and 193 Nov 8 Uboy 8, shipping cost Which shall be the sole responsibility of the receiving cities, I so :cove. Vice Mayor Dawkins: Ie there a second, please? Mayor Suarez: Second, Vice Mayor Dawkins: Properly moved and second. Any further discussion? Call the roll, Mr. Clerk. Commissioner De Yurre: Commissioner Plummer: Yes, pocket item. The following resolution was introduced by Commissioner Plummer, who moved its adoption: Upon adopted by AYES: NOES: ABSENT: None. None: COMMENTS MADE AFTER ROLL CALL: Commissioner Alonso: Go ahead. RESOLUTION NO. 90 -906 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SELL TO THE SISTER CITIES OF SAN JOSE, IN THE REPUBLIC OF COSTA RICA, AND SANTO. DOMINGO, IN THE DOMINICAN REPUBLIC, UPON THE EXECUTION OF APPROPRIATE RELEASE DOCUMENTS, TWENTY -SIX (26) SURPLUS POLICE PATROL MOTORCYCLES AT THE NEGOTIATED TOTAL PRICE OF $50,000, AS PROVIDED IN SEC. 18 -51.4 OF THE CITY CODE, THE NEGOTIATED PRICE BEING EXCLUSIVE OF TRANSPORTATION AND SHIPPING COSTS WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE RECEIVING CITIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) being seconded by Mayor Suarez, the resolution was passed and the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Vice Mayor Dawkins: Go ahead Mr. Mayor. Commissioner Plummer: Excuse me Mr. Mayor, the el heffe of el pub wanted to speak. Mayor Suarez: I recommended to him that... Commissioner Plummer: That he not? Mayor Suarez: ... I'm not sure what he wants to tell us. We bought his land and... yes, Laurentino? Vice Mayor Dawkins: He wants to buy it back. Mayor Suarez: We'll give it back to you for what you paid... what we paid you plus ten percent. Commissioner Alonso: In thirty day closing one point seven. Unidantif ied Speaker; Thank you, thank you very Vice Mayor Dawkins; OK, 194 Y ' 65. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT AREA BOUNDED BY S.W. 2 AVENUE AND THE 1-95 RIGHT -OF -WAY, BETWEEN THE MIAMI RIVER AND S.W. 2 STREET FROM SD -4 WATERFRONT INDUSTRIAL AND 0- OFFICE TO SD -15 RIVER QUADRANT MIXED USE DISTRICT (Applicant: Planning, Building & Zoning Dept. Vice Mayor Dawkins: What's the recommendation? Mr. Rodriguez: Approval. Vice Mayor Dawkins: So moved. Commissioner Plummer: Wait a minute. Mayor Suarez: PZ -1 has been moved. Commissioner Plummer said wait a minute, which I understand to be a second. Commissioner Plummer: Thanks. Yes, I second. Mayor Suarez: Second. Does anyone wish to be heard on item -PZ -1? If so, please step forward. Let the record reflect that no stepped forward. Call the roll. AN ORDINANCE - NOTES AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION Off' THE REGULAR AGENDA ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA GENERALLY BOUNDED: BY SOUTHWEST 2ND AVENUE AND THE I -95 RIGHT -OF -WAY, BETWEEN THE MIAMI RIVER AND SOUTHWEST 2ND STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SD -15 RIVER QUADRANT MIXED USE DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 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 October 25, 1990, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Dawkins, seconded by Commissioner 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10813. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City OOMmigdion and to the public. 195 86. SECOND READING ORD/NANCEt AMEND 11000 - AMEND OFFICIAL SCHEDULE Or DISTRICT REGULATIONS AND ARTICLE 4 ZONING DISTRICT C. (LIBERAL COMMERCIAL ZONING D/STRICT) PERMITTED PRINCIPAL USES) - ADD ASTROLOGERS, PALMISTS, PORTUNE TELLERS AND PHRENOLOGISTS (Applieant: Planning, Building & Zoning Dept.) . , . • . • ... Mayor Suarez: PZ-2. Vice Mayor Dawkins: What's the recommendation of the staff? Commissioner Alonso: Moved. Mr. Joe McManus: Approval on second reading. Mayor Suarez t Second reading. Commissioner Alonso: So moved, yes. Vice Mayor Dawkins: Second, Mayor Suarez: Moved and Second. Does anyone wish to be heard on item PZ-2. Let the record reflect no one stepped forward. Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS," TO ADD ASTROLOGERS, PALMISTS, FORTUNE TELLERS, AND PHRENOLOGISTS AS PERMITTED PRINCIPAL USES IN THE C-1 LIBERAL COMMERCIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. • Passed on its first reading by title at the meeting of October 25, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following voto: AYES: ABSENT: None. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10814. . . 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. 196 Now, 67. (A) FIRST READING ORD/NANCE: AMEND 11000 CHANGE DESIGNATION OP BLOCK BOUNDED BY BISCAYNE BOULEVARD, N.E. 60 STREET AND N.E. 5 COURT, AND 592 N.E. 60 STREET FROM 0-0PFICE TO GI-GOVERNMENTAL AND INSTITUTIONAL (Applicant: Cushman School). (B) BRIEF COMMENTS CONCERNING PLANET OCEAN SCHOLARSHIPS. Mayor Suarez: PZ-3. Vice Mayor Dawkins: What's the recommendation of administration on PZ-3? Mr. Olmedillo: It's approval. The zoning board recommends approval, also. Mayor Suarez: OK, does anyone wish to be heard against the application of PZ- 3? Vice Mayor Dawkins: So moved. Mayor Suarez: Let the record reflect no one stepped," yes, you are going to speak against, sir? OK, could you please be sworn in along with Mr, Cardenas, and anyone from, including Doctor Lutton. Vice Mayor Dawkins: Anyone who wants to speak pro, or con, please stand to be sworn. We can swear you in right here. NOTE: AT THIS •POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA. Mayor Suarez: OK, thank you all. We will hear from the appellant which I guess is the applicant, which I guess is the Cushman School, is that correct, counselor? Mr. Al. Cardenas: That's correct, Mr. Mayor. Commissioner Plummer: May I inquire, is Cushman School for profit? Unidentified Speaker: No, sir. Mr. Cardenas: No, sir. Commissioner Plummer: It is a non profit organization? Mr. Cardenas: Right. Mayor Suarez: OK. Commissioner Plummer: How many square feet are involved in this street closure of the department? - hello, how many square feet of property is involved in this closure? Mr. Rodriguez: There is no street closure in this case. Commissioner Plummer: What is it? Mr. Rodriguez: This is a change of zoning. Mr. Fernandez: Change of zoning. Mr. Olmedillo: It is a change of zoning to comply... Commissioner Plummer: They are not proposing to close the street?, Mr. Olmedillo: NC, that's number 4. This is PZ-3. Commissioner Alonso: No, that'a the next item, Commissioner Plummer: That's the next item? Commissioner Plummer: Yes, sir. Mr. Olmedillo: Right. Commissioner Plummer: OK. So I want you to calculate how many square feet of property they would possibly acquire if this was approved. Mr. Olmedillo: PZ-3 so that it's clear, is a zoning change to comply with the comprehensive plan. Commissioner Alonso: The next item is the one, this one is just a change of zoning. Commissioner Plummer: Oh, OK, fine, whoever... Mayor Suarez: OK. When we get to PZ -4 I guess you will get into the considerations that you are thinking about, OK? On PZ-3, please tell us what your application is Mr. Cardenas: Thank you. For the record, my name is Al Cardenas, I am here representing the applicant, Cushman School. We are not involved in item PZ -4 at all.. What we have here before you, is our seeking a zoning change to correspond with a comprehensive master plan change which you have already approved. The staff has agreed with us over the last year or two, that when the City adopted the comprehensive, the new comprehensive master plan, it designated this property for office use, as is the property in the school. We both agreed that the appropriate use of the property is it's current use, and its use for the last sixty years, which is as an institutional use. We therefore went before you, and you have approved on first reading, a change in the comprehensive master plan to change the land use designated for the area to governmental institutional. As a result of that change which you have already sent to the DCA in Tallahassee, we are now before you on a zoning change so that the zoning to the property on first reading will correspond with the land use that you've already approved unanimously. The zoning change which we are requesting has already been approved, or recommended approval by the zoning board unanimously, and it corresponds to the land use which you yourselves have unanimously recommended for approval. What this will do is permit us to change from office zoning classification to permit the institutional classification which allows us an ample use of the property owned by the school for that purpose which is a school, and it's been a.school for sixty years. Commissioner Plummer: What would you do if it's approved that you can't do today? Mr. Cardenas: If you approve it today, if you didn't approve it today, there is a property which we have that we would not be able to use for a school, which is the property at approximately 592 NE 60th Street. Commissioner Plummer: Show me on the map where that is. The blue? Mr. Cardenas: That's the triangular piece. Commissioner Plummer: Oh. That presently is what? Mr. Cardenas: The school is, there now, it's designated as office use.- - Commissioner Plummer: My question now was in not the. negative,;:but. the forward. What can you do if this is approved today that you couldn't do if it . wasn't approved? Are you planning ?... Mr. Cardenas: We have to... well, let me finish. We own all of that property, not only the triangular piece, but the piece behind. it. Mr. Cardenas: If we don't change the land use and zoning designation, we would have to go through a number of variances, that vie would not under . institutional, there are setback variances... Commissioner Plummer: In so many words, are you trying to tell. -metha want to expand? Mr. Cardenas: No, not expand. We are going to:.. well expand ie an appropriate word, not'neceesarily in square footage, but in use. Does that make sense to you? Commissioner Plummer: Gives you more density? 1s that what it is? Mr. Cardenas: No, what we are trying to do is, there are existing units in the properties that we seek to change to institutional. Those had previously been used for residential purposes, and we want to use them for what it is that they are intended to be used for, which is part of the school. And with the institutional designation, we feel it's much more appropriate to do so than with the office designation. Because one, it's easier to comport with the code requirements two, the dwellings are there, we are not going to change them; three, it's already part of a school. Commissioner Plummer: OK, I understand. Vice Mayor Dawkins: Who owns parcels 4, 5, and 6? Yes, that one there, who owns that? Mayor Suarez: And are they here by any chance? Mr. Olmedillo: Just checking the file, I'll give it to you right away. Vice Mayor Dawkins: No, no, no. I mean, do they want their property rezoned also, or are we rezoning this ?... Mr. Olmedillo: No, the application is only for the amber color. Vice Mayor Dawkins: Yes, but you see, you are changing the zoning classification on two parcels. Mayor Suarez: Next to them. Vice Mayor Dawkins: -So now we've got three parcel that you are not touching, that if they come in, we will have to grandfather them in, and if they don't want it, they're going to... Al, did you contact those people? Mayor Suarez: Do you have any idea how they feel about it? - those three? Mr. Cardenas: Sure. With the exception of a gentleman who is here, everyone is in favor of what we are proposing in the neighborhood: As -a matter of fact, I think if you ask the neighbors, they've been delighted with improvements we have been making, thanks to you... Vice Mayor Dawkins: Al, Al, Al, Al. Mr. Cardenas: Yes, sir. Vice Mayor Dawkins: Four, five, and six, did you contact them? Mr. Cardenas: Yes, sir. Vice Mayor Dawkins: OK, and what did they say? I don't want to know about the rest of the neighborhood. See all of you little youngsters out there, . watch him closely. Grow up and be a lawyer, and be a zoning lawyer, he is getting paid well for this. Mr. Cardenas: Pro bono. Mr. Olmedillo; For the record, Vice Mayor, the lot 4, is owned by Henry Boyd, lot 5, by Leon Corn, and lot 6 and 7 by Florida Caribbean Property Inc. Vice Mayor Dawkins: OK, thank you. Go ahead Mr. Cardenas. Mr. Cardenas: Those are apartment buildings on those three lots, acceptable to the owners what we are proposing here today, Mayor Suarez: OK. What is the status if there is a sale in t ee institutional use? 199 r Mr. Cardenas: Well obviously, whomever would purchase it, would be subject to the land use and zoning of the property which is government institutional. ate plan to be there for many years, or else we would hot... Mayor Suarett Oh, I suppose... I mean, what kinds of things can you do in government institutional, other than a school? Mr. Cardenaet Schools, church, hospitals. Mayor Suarez: City Hall. Mr. Cardenast City Hall. Mr. Olmedillot But Mr. Mayor. Mayor Suarez: Yes. Mayor Suarez: If they donate it to us, we will build. Mr. Rodriguez: If they change the use from a school, they will have to get a special exception, so they will have to go through a hearing. Mr. Cardenas: Right. That is correct. Mayor Suarez: Oh, I see. The use itself will have to... Mr. Rodriguez: Go through a hospital. For example, a hospital we'll have to go through a special exception. Mayor Suarez: ... be a school, otherwise, it will have to get a special exception. Even with GI? Mr. Olmedillo: Correct. Mayor Suarez: OK. Anything further? Commissioner Plummer: You've got an objector, don't you? Mayor Suarez: Objectors, yes. We are going to go to the objectors. Give us name and address, and as clearly as possible, the reason why you object. Mr. Robert Walker: My name is Robert Walker, -I live 5990 NE 5th Court. 5990 NE 5th Court is block 10, which is just above the red marked zone. Commissioner Alonso: Would you show us where it's ?... Mayor Suarez: Guillermo, would you, or Joe, would you please show overhead? OK; that's the one marked in red? Commissioner Alonso: Next to it. Mayor Suarez: Oh no, the one in white next to it. All right. Mr. Walker: The one just above that block 10. Mayor Suarez: Very good. Mr. Walker: Over the thirty -two years that I have been a neighbor to Cushman School, the school has been in the main an asset to the .neighborhood,; j . these changing times for the City of Miami, and in particular the changes we have seen along Biscayne Boulevard, the school has served as a buffer zone for the neighborhood, and we would probably not be living there still, were .it not for the school. I knew Doctor Laura Cushman, the founder and guiding= lignt.of the school, well. I knew that she always envisioned a smnal.l neighborhood school that blended into the neighborhood, and was an asset to the neighborhood, And indeed, the school has during the time she was actually engaged in the school had been an asset to the neighborhood, In recent tinier however, the school has stepped up it's enrollment, and increased its student body to the point where living on this street is intolerable during active . school hours, and the pity is remiss, even now, .by <allowing tha , traff c -.j e that are created on this neighborhood street, with the current enrollnt;.:i the school,, let alone any increased enrolment that will come from buildi additional claserocros to this school, 200 Mr. Cardenas: That's correct. Mr. Lutton: Sir, it has not increased... Mr. Walker: ... :five years ago,-and the rule today. Mr. Lutton: Five years ago, it went down. Ms. Lutton: That's correct. Ms. Lutton: But it isn't more than when she was there. 201 Mayor Suarez: Let me ask about that. Is it envisioned that the school would have a higher enrollment? Ms. Jean Lutton: No Mayor Suarez: OR, could you say that on the record? -you said it looked... Mr. Cardenas: For the record, we want to eay the following. The enrollment today is the same enrollment that when Laura Cushman... Mayor Suarez: Two hundred and fifty -two? Mr. Cardenas: ... ran the school decades ago. Mayor Suarez: Two hundred and fifty some? what do you have? Ms. Lutton: It's right under three hundred. Mr. Cardenas: Under three hundred. We do not to... Mayor Suarez: And this would not enable you to add to that? Mr. Cardenas: No. As a matter of fact, during the last two years that we've been before you, we have added space, but not number of students. What we have added for example, is we have added a science lab, a computer lab, we have expanded the... Mayor Suarez: OK, that answers partially his concern if in fact you don't expand the number of students in terms of the traffic, because the activities and the area that you have available for those activities will expand, but not necessarily the number of students. All right, sir. Mr. Walker: Did I understand you to say that the school has not increased its enrollment? Would the principal of the school kindly state the enrollment of the school... Mayor Suarez: Oh ,yes, yes. I was the one that asked the question about enrollment when you mentioned that this would create greater traffic, all right? They say they are slightly under three hundred, and they don't plan to increase it. I can tell you that in 1985, they were at about one hundred eighty some... Mayor Suarez: ... then they went over to... then obviously now they are close to three hundred, they have increased. Mayor Suarez; But they are saying that they are not going to increase any further with this change. Mr. Walker: Mr. Mayor, I can't believe that. figure. I live there, I see what the traffic is, I see what the automobiles are, I would have to have : 'that . figure substantiated in writing. Me. Lutton; Well we certainly can do that. Mayor Suarez; I am sure they can do that. Ms. 'Lutton: The traffic is increased because thee children can't walk to school anymore, and they up to Mayor Suarers 140 wonder she is a School principal, you know. Kids are going to watch and they are going to say, she is the principal of the school, she talks out of turn all the time Mr. Walkers Within the past year the school has acquired three homes in the immediate area to further its expansion, and the purpose of this Zoning change, and it's clear to everyone, they have positive plans to build an additional classroom on the building. Why they are trying to tell you that isn't true, I don't know. They have the plans drawn to build the additional classrooms. They submitted them to the Heritage Board. The plans are in fact, on paper, yet, they have told you they are not expanding the school. They have actually acquired three homes in the immediate area to further their expansion, and one of these actually jumped over an existing house, that a person bought their house, who lives there, they've improved their home, they've made the neighborhood better, and now the school by the acquisition of those homes, has effectively surrounded that home. Mayor Suarez: Which home is that, sir? Mr. Walker: This home is located on 60th Street immediately below the blue area. The school also has another building behind that, it is not shown on that map. It has another building... Mayor Suarez: And who owns that home that you said it was encircled by their activities? Mr. Walker: That's a lady by the name of Norma Clark, she wanted to attend this meeting, she had to be here at four o'clock, she works at Burdines, she couldn't be here. Mayor Suarez: OK, she is not related to you? Mr. Walker: Mr. Bill Boyd owns lot number 4, you were asking about, he works for FPL, the meeting was at 4:00 p.m. he couldn't be here. Had he know it was going to be at this late hour, he would have been here, I can assure you to voice his objection to this expansion of the school. Mind you, we are not really objecting to the changing in zoning, we are objecting to the fact that the changing in zoning will allow the school to expand, and that is the purpose of the change. If this board really wants to make a proper judgement in this request, then you should go to this school, on any school day, and observe the chaos that exists on this small -one way street, especially during the hours of 8:00 a.m. to 9:30, and 3:00 p.m. to 5:00 p.m. Commissioner Plummer: Sir, let me see if I can help you, and cut you short. Would it be acceptable to you, if they volunteered to this Commission that they would not exceed three hundred in students? Would that be acceptable to you? Mr. Walker: Not until I determine in writing, how many students were in that school ten years ago, because I believe that there's three times as many people in that school today, as there was ten years ago. Commissioner Plummer: Let me just for the record ask, what would you find acceptable? Mr. Walker: What, for the school? Commissioner Plummer: For maximum enrollment. Mr. Walker: I have no objection to the school. I tried to explain that I feel the school is an asset to the neighborhood, what I object to... Mayor Suarez: He is comparing it in his mind to what it was like ten years ago, and he doesn't know how many there were, but he is :saying that in the last ten years, the traffic has increased. Commissioner Plummer: Well, you know, I am just saying that I could short circuit this if in fact... Mayor Suarez; Yes, he had a figure in mind, or something. 202 )kmramber 84 1 1 • COMmiSSioner Plummer : ... they Were to volunteer that they would not exceed three hundred if that's what it is today. Mr. Walker: Mr. Plutmer, you would not want to short circuit this if you visited this school during these hours, I assure you. And if you imagine a fire truck trying to get to this school during that time believe me, as a conscientious Commissioner of this City, you would not want to circumvent this, and short circuit it. Vice Mayor Dawkins: Mr. Mayor, you know, I think we are... I don't know. Everybody here is under oath. The principal has stated under oath that the enrollment is below three hundred. Now I don't think the principal would purger herself to... I mean, he is saying, he feels, now he has not said he knows. Now he is under oath also, so now if you know this, say it's a fact, sir, or else you will .have to accept her, you should accept her statement being under oath. Mr. Walker: Does the school have plans for building additional classrooms on to the existing building? Vice Mayor Dawkins: You just... I don't know. See, I mean... Mr. Walker: Could we find out? I mean, would you like to know? Mr. Cardenas: I'll be happy to restate their plans. The growth of the school... P. Vice Mayor Dawkins: The growth? 1. Commissioner Plummer: Well, but you see I think the whole crux to the matter is, is the total enrollment. Mr. Cardenas: Right. Commissioner Plummer: I think that's the real crux to the matter. Mr. Cardenas: We agree. Vice Mayor Dawkins: Well, what is the total enrollment? Mr. Cardenas: We will be happy to covenant, and I will give you this figure for historical perspective. We are willing to covenant that we will never exceed a total of three hundred and ten students, and the reason why we are using that figure, is because what has had happened to Cushman is, it went up to three hundred and ten during Laura Cushman's running of the school. Then in the late seventies, early eighties enrollment went down as people were concerned with the area. A lot of parents including ourselves, were committed to bring back that area because we like it there, and we want to stay there, and the school went back up again. It's a nice multi-ethnic school, and now the enrollment is back up to not near where it was before, but we'd like to get it up to, but never exceeding where it once was, which I think it's fair, because that's what the neighbors were used to. Vice Mayor Dawkins: Mr. Cardenas. Mr. Cardenas: So we will commit that we will never exceed three hundred and ten students, which were the number of students that were there when was living there, which incidentally, he doesn't live there anymore. Vice Mayor Dawkins: Mr. Cardenas. Mr. Cardenas: Yes. Mr. Walker: That isn't true. Vice Mayor Dawkins: What is... Mr. Cardenas: You own the home, but you rent it. You don't live there anymore. Mr, Walker: 1 live there, sir, Ms. Lutton: Everyday, you are living there? Vice Mayor Dawkins: OK, Mr. Cardenas, what is the tuition per student at Cushman? Mr. Cardenas: It's about two thousand dollars ($2,000). Vice Mayor Dawkins: So two thousand dollars ($2,000) and ten times two thousand is twenty thousand dollars ($20,000), so you're going to stand here and jeopardize your whole project for the fees from ten students? Ms. Lutton: Wait, I don't understand what you mean. Vice Mayor Dawkins: OK. This gentleman is saying they can live with three hundred students. Al is pushing for three ten. In my opinion, and this.is just. my opinion, ten students, if ten students will make or break your program, hey, we've got a problem. Mr. Cardenas: Well, it's two thousand dollars semester, and so that's four thousand ($4,000)... Vice Mayor Dawkins: And, how many semesters? Mr. Cardenas: Two. ($2,000) per student per Vice Mayor Dawkins: Right, so that's four thousand dollars ($4,000) per student. Ms. Lutton: Forty -five hundred a year. Mr. Cardenas: Right. Vice Mayor. Dawkins: Times ten .students is forty thousand dollars ($40,000). Mr. Cardenas: Yes, which for the school... this is a nonprofit school, nobody makes any money, it's just for the kids. Vice Mayor Dawkins: So is Dade County School Board, and. I just passed a billion dollar school issue. Mr. Cardenas: Well right now, just so that you know Commissioner, we have for example, the things that we do, we've got six full time scholarships for minority students right now. You know, there are a lot of thing we can the more we cut down, the more... Vice Mayor Dawkins: Only thing I am saying to you Al, is, that ten students, we are arguing for ten students. Now if that's.what. you do, .I;have.no; problem with it. Mr. Cardenas: OK. Mr. Walker: Gentlemen, I won't take any -more of your,,time. :.;I would...justl,ask that you look into this situation before you vote, that you try.to see if you can't do something about the traffic, try to see if you can't do something about requiring some off - street parking for this school, that's the only reason I am here, I am not here to condemn the school. Vice Mayor Dawkins: OK. Now, you're under oath, now you said that you do live there? Mr. Walker: Yes, sir. Vice Mayor Dawkins: All right, thank you, sir. Go right ahead sir, your name . and address, please. Mr. Horace Fieh: I am Horace Fiah,.1 live at 5984 NE Sth.Ccurt,.1 am in..;i II, =I'm in red, 1 don't know why.,. Commissioner Alonsc: Why is he in red? Commissioner Plwnmex: Because you object. 204 • Vice Mayor tawokine t You objected. Mr, Fight I beg you pardon? Commissioner Plummer: You objected by mail, Mr. Fish; Oh yes, I object very strenuously. Commissioner Alonsot Oh, I see. Commissioner Plummer: that's why you are Mr. Fisht I'm in trouble before I start, in red, sir, Commissioner Plummer: No, you are not a communist, that has no inclination whatsoever. - Commissioner Alonso: And the property in red in the back is also because they objected, right? OK. Mr. Fish: Along with Mr. Walker, I feel that the whole problem is not the number of students, three hundred, three ten, one ninety, or whatever. The problem is a matter of safety, and health. The school has properties on 5th Avenue. I feel that the school should be required to have the children, or the parents load and unload the children on 5th Avenue, and get them off of 5th Court. Fifth Court is a very narrow street, it's a divided... Mayor Suarez: Show us, excuse me, sir, show us on that as he is saying it, which is 5th Avenue, and which is 5th Court. Mr. Fish: You want me to show it? Mayor Suarez: No, no, he is doing it, right on the overhead. Mr: Fish :• Fifth Court is the adjacent to that triangle, -and 5th Avenue is the one to the left. Where you see the•red from my home... Mayor Suarez: It seems like 5th Avenue is one block away from the actual school. Commissioner Alonso: From the actual school. Mr. Fish; Well, they own property on '5th Avenue, and on 60th Street, and I feel that the school should be required to have the children get in and `out '.on 5th Avenue, and get them off of 5th Court. Mayor. Suarez: Has anyone... you've brought up a -very important point. Has. anyone looked at the traffic implications of. what they are: doing - at' school, in the rezoning that they want today togive -some better patterns:of dropping. off ?.: :. Mr. Fish: Mr. Mayor,-I'm you brought it:up, :because what you.'re talking about' here, ' and what we are all talking about is not the zoning... Mayor Suarez: - Sure. Mr. Fish : ... but the implications, the "future part of it. Mayor' Suarez: Sure. You're taking the opportunity that they seem to b - expanding in some way, and they need something from this Comfission . to - point out... Mr. Fish; Not only expanding. Mayor Suarez: .,. and a change of use to point out that the dropping off picking up of the kids there creates 4 certain amount of traffic confusion . which is a nice way of saying, kind of mayhem overt here, it's Mr. yish; No, its worse than that, sir, • Mayor Suarez; Worse than mayhem, 205 Commissioner Plummer: Who owns the portion in the back in blue the school? What about the rest of that lot? Mr. Fish: Very much worse. Last year, and the year before, and the year before that my wife was very ill, and I needed to have clear way for an ambulance... Mayor Suarez: And that ereated a problem. Does anybody know of any simple way that we could ?... Mr. Fish: Get their off of 5th Court, and put them on 5th Avenue. Mayor Suarez: with that. Mr. Fish: Well I want to to bring up. Mayor Suarez: All right, ahead and snake the rest of Mr. Cardenas: But on that Mayor Suarez: Yes. Well that's your idea, but I am wondering if our experts agree go a little further, there are other points I want then I can't get and answer to my question. Go your points. point, on that point though... Mr. Cardenas: ... may I add that one, we agree with the gentleman that of course, we don't think a whole rerouting is feasible, but the suggestions he has made have been good ones, and last week, -I don't know if he is aware of it yet or not, but we started already rerouting some of the traffic along the same route that he suggested, and it's beginning to work quite well. We will speed it up to the point where I would say within the next sixty days or so, hopefully, half of the student drop off will be done where it currently is done, and the other half will be done through the route that the gentleman suggest, and then we can see how that works. We think that his suggestion is very valid, the parents themselves are very inconvenienced by you know, by the current cycle, they have brought up some good points, and we think his points are very valid, and last week we started implementing it. Mayor Suarez: OK, that's the third time you tell us that. Thank you. Mr. Fish: Well there is more to this, I'd like to finish now. Mayor Suarez: Yes, we are going-to-hear the rest of it. Go ahead, . sir, . as quickly as; possible: Mr. Fish. OK. The problem exist from the time that.the parents come to school until maybe.nine fifteen, nine thirty. Then-it'-starts again about eleven thirty lasts until one. Then again from about two thirty until - four. That's a'five day a' week proposition. Three times a day, every week. Now in addition to these problems, the school continues to have functions affairs, parties, whatever' you want to call ,- them,, - graduation, they have Halloween- .parties, have City of - Miami Commission party,.whateveriit is, and the street becomes blocked... Commissioner Alonso: How about that. Commissioner Plummer: What? - what is this? Mr. Fish: they don't need an excuse. Commissioner Plummer: What is the City of Miami Commission party? Hr. Irish: They'll have a party without an excuse, and they block the whole street, and not only does the school, but the City Police urge people to park on private property, they urge the... the police... Mayor Suarez: Besides all that, the students have very high performing scores in all their standardized tests anal all that, so they don't just party all :the time, I mean don't... Vice Mayor Dawkins; The big black Cadillac belongs to J, 206 Mr. right Sir, we had two parties last week, and there wag one going... Mayor Suarez: That's right, if you see a big black Cadillac... Vice Mayor Dawkins: That's .?.L.'s. Mayor Suarez: for a Commission party, it's his. Mr. Fish: I've got three Cadillacs Mr. Mayor. Mayor Suarez: Not as big as his. Mr. Fish: I've got the biggest one, I'll stand mine... Commissioner Plummer: Are you in the funeral business? Mr. Fish: No, sir, I don't have a limousine. Commissioner Plummer: OK. Mr. Fish: But I've got three. Commissioner Plummer: Good, I know where to rent them. Mr. Fish: OK. Anyhow... Mayor Suarez: Yes, they do have functions, and maybe Mr... Mr. Fish: Wait a minute, let me finish what I want to say. Mayor Suarez: No, no, I was going to help you. You don't want me to help you? Mr. Fish :. Go ahead. Commissioner Plummer: Shame on them. Mr. Fish; I want you to know that I've.,. Commissioner Aloaso: Call. Channel b. Commissioner Plummer:: Shame, shame, on you.. 207 Mayor Suarez: . Maybe Mr. Assistant Manager, there is some restriction to the kinds of functions that you are allowed to have in a GI, and the kinds of imposition on the neighborhoods from them - maybe there isn't. Mr. Olmedillo: Maybe there is a code and that might be proffered by the applicant. Mayor Suarez: You might want to keep. that in mind- as far as the large functions that are held there, I mean it's a school, _it's. a school, I'know: you have graduation, and I am pleased to have occasionally been. therefor. one, but if you have a party, or I don't know what other kinds of things you have that you attract huge numbers of people there beyond what would be expected of an institution of this sort,- you know that may be something that he has a _ valid point about. All right. Mr. Fish: Mr. Mayor, the street has a dividing median and the police order and instruct the parents, and visitors to park on the median, strictly against the law. Mr. Lutton: We put stakes up on that median so they can't park there;; anymore, we did that about a week ago - put stakes. Mr. Fish: The police also have told drivers to park on the sidewalk, not only on 5th Court, but also on Biscayne Boulevard. Mayor Suarez: Well my guess is that part of the expansion or reconfiguration is.to accommodate a little bit more of those necessary.., Mr. Fish: Both. Mr. Fish: i f... Mayor Suarez: OK. Mr. Fish: Thanking you for hearing me. Mayor Suarez: Thank you, sir. Mr. Fish: What do you need from me? Mayor Suarez: Dr. Prieto is going to explain. Mr. Fish: OK. 208 Mr, Piths The street on 5th Court, on 5th Avenue rather, where they have parking places and other things, and on 60th Street where the school has property, these have been available. But the school dose not send the parents and other visitore to the other areas. They block both sides of 5th Court, they block the median, it is almost impossible to get through, and I'd like tO have some peace of mind that if t need to have an ambulance, or if we need a fire truck, something, if I want to get out of my driveway. Mayor Suarez: When does that typically happen? a-the sort of over supply of automobiles leading to the clogging up of the lane there? Is that on a daily basis, or when they have a function? Mayor Suarez; Dr. Prieto, maybe, could report back to this Commission if this item is approved, or if it isn't, as to what is going on there, as to what extent are we violating our own laws on use of public streets. I am not threatening you people, but I am going to tell you that Mayor Suarez: In effect, you are threatening us, and we understand. Mr. Fish: Well, I just want to tell you that if I need an ambulance or a fire truck at home, and the road is blocked, it's done with your permission, I'm going to be mighty unhappy, and I don't want to be unhappy, and I don't want you unhappy. Mayor Suarez: We don't want to be unhappy. Mr. Fish: I urge you people to be very careful before you approve something that's going to cause further problems, and I thank you very kindly. By the way, I want to add to the... Mr. Boyd told me today that he couldn't be here by four, and he was against it. The people who have the office building at the corner, the northwest corner of 60th Street. A man named Ziggy who works and owns the liquor store on the corner of 61st Street, he is opposed to it. Mr. Fish: The lady next door to me, Mrs. Haniff, she is opposed to it. Mayor Suarez: If this were a court, we wouldn't be able to take notice of any of those comments, because it would be hearsay, but presumably we understand that you are in good faith telling us about people who are against it. They probably should have written if they couldn't be here. But anyhow, we understand. Mr. Fish: I urge you to be very careful. Mayor Suarez: OK. And don't hesitate to further communicate with us, both on the traffic patterns, and whatever we can do regarding the dropping off of the children and picking up, and also, the clogging up of the arteries there, so that you always have the ability to get out of your... Mayor Suarez; Anything further from the opponents? OK, anything further from the applicant? Mr. Cardenas: No, Mr. Mayor, just a reminder that this is only a first reading, and we encourage you to vote in favor of the zoning, a comport of the land use you've already voted in favor of, and if you care to visit the site between now and second reading, we welcome you to do so, Commission Plummer: That of putting in and taking the day. And the third would be limited to one 11:00 p.m. at night. Mr. Fernandez: Mr. Mayor, are there any outstanding covenants that are being proffered? Mr. Cardenas: Where is... well we had proffered and we wete in the midst of that discussion that we would limit the enrollment to the highest number of students the school has had in the past, which we felt was fair, and that number happened to be have been three hundred and ten, and we covenanted that we would never increase it past where it has been already. Basically, what we have told you is the recent increases have not been for additional classroom space, but for what it is that the kids wanted, computer labs, science labs, that type of thing. Commissioner Plummer: Mr. Mayor, I will tell you what is acceptable to me and maybe, the members of this Commission. The role they have to volunteer covenant, not to exceed three hundred in the next school year, I'm not going to make them kick out ten kids now, OK? Ms. Lutton: OK, but that cuts back on our scholarship kids, because we need revenue for three hundred to make it go. l would not to they supply and bind themselves to a traffic pattern out the kids, the three times... all, the period of item that I would want in the covenant, that they night time activity, one per quarter, not to exceed Ms. Lutton: We never go that late, nine o'clock is the latest we go. Commissioner Plummer: I'll by nine o'clock, that's fine. Ms. Lutton: No, I'm teasing you, eleven is good, but we Commissioner Plummer: Well, you just got nine, so that's Mr: Cardenas:. Well I can tell you that the graduation is Ms. Lutton: The traffic... No, graduation is at any time. Mr. Cardenas: We have six now, but we are looking for ten. Mr. Cardenas: What we would want to suggest... Commissioner Plummer: He doesn't want to listen to me. Mr. Cardenas; OK. 209 never go that late. fine. not... Commissioner Plummer: So those are the three things. If in fact, that's acceptable to my colleagues, I will be ready at any time to offer that in the form of a motion. Mr. Fernandez: Point of clarification Mr. Mayor. Your traffic pattern, is that subject to Public Works review? Commissioner Plummer: That of course is definitely, but it's also to this Commission's review that that plan is acceptable to us. Mr. Cardenas: Mr. Plummer, just one... I've written these down, but just one comment. We will be willing to abide by no more than three hundred paying students. I want you to know that the reason we wanted three ten, is so we have minority scholarship programs, but if you make the number of students count against those, then the revenue stream is not sufficient. Vice Mayor Dawkins: Then, do you have ten scholarships every semester free? Ms. Lutton:. Yes, but we are looking for ten, absolutely. We have some half . ones, too. Commissioner Plummer: Well, but Al, you've got to put a cap on that, because - look, one of their concerns... Commissioner Plummer; One of their concerns is the total enrollment, go along with three hundred paying students and ten scholarships, exceed ten scholarship$. Uova l r 8, 41 Mt, Cardenas: 'Yes. Ms, Lutton: treat. Comriee ioner is something Mr. Cardenas: Ms. Luttont Thank you, that's acceptable. Mayor Suarez: All right, moved and seconded with those provisos.. Any discussion? If not please... Commissioner Plummer: I strongly suggest that Mr. Cardenas bring in advance that traffic pattern trap that he is going to volunteer. Mr. Cardenas: Yes, sir. OK, it's a three, let me see what it is. It's a traffic pattern map, three hundred paying students limitation, three hundred and ten total... Vice Mayor Dawkins: With ten... Mr. Cardenas: Ms. Mr. Fernandez: of paraphrasing Mr. Cardenas? Plummet: I would go that is very fine for Yes, that's fair Ten scholarships. Vice Mayor Dawkins: But write it down. Mr. Cardenas: Yes, sir. Vice Mayor Dawkins: OK, write it down. Mr. Fernandez: Mr. Mayor, point of... Commissioner Plummer: And one... no more exceed nine o'clock at night. Ms. Lutton: Night time? Mr. Fernandez: All of that is... Commissioner Plummer: What? Lutton: One nighttime event. Commissioner Plummer: One night time event not to exceed nine o'clock. Mr. Mayor, Mr. Commissioner Plummer has ,done a very fine job what is Mr. Cardenas proffer on the record. Is that correct Mr. Cardenas: That's:. correct. Commissioner Plummer: Thank you. Mayor Suarez: That's correct: Mr. Fernandez: Mr, Cardenas: And the ten students, Mayor Suarez; All right, OK, sir. You cannot condition zoning... 240 along with that, because I think that that the community. than one affair per quarter not Mr. Cardenas: And -that proffer will be tendered to the City, voluntarily, strictly voluntarily by us prior to second reading. Commissioner Plummer: Condition? I would never condition zoning. Mayor Suarez: 14o, that would never be a condition.to his motion or his vote,.. it would be something voluntarily offered by Mr, Cardenas as seeing the wisdom of the ideas, scholarships will °bs ° set aside °for T. Commissioner Alonaol Great. Commissioner Plummer: Say it again? Mayor Suarez: OK. So moved. Vice Mayor Dawkins: Under discussion. Mayor SURronk So moved and neoondad. on sir, last ... quick. , Mr. Walker: Mr. Mayor, / wouldn't want to see the school limited to one affair pat quarter. Mayor Suarez! Well they don't seem to be bothered by that Mt. Walker: mean, 1 am not here to do anything to hurt the school. t the kids want to have an affair, / have no objection to that, we are only asking you to look into the traffic pattern, and to provide some off parking or the area. Mayor Suarez: All right, you want to eliminate that? All right, we appreciate that. You want to eliminate that requirement? - assuming they will be reasonable. Mayor Suarez: You want to eliminate that proffer, Commissioners? I think we will be OK With it. Commissioner Plummer: Leave it in there. Vice Mayor Dawkins: I'll call the question. Mayor Suarez: OK. What is the... how does the motion read then? - with their proffer? Commissioner Plummer: That I move for approval subject to a voluntary. covenant graciously offered by Mr. Cardenas on behalf of his client, that the paid tuition not exceed three hundred students, they be granted up to ten on scholarships, that they will surrender a traffic pattern of picking up and discharging the children, and that they will not have more than one night time affair per quarter cannot exceed nine o'clock in the Commissioner Plummer: All right, then let me change it. Mr. Fish: I don't want it eliminated. I'll tell you that. Mayor Suarez: All right, one per month. Mr. Fish: I'm not in favor of none of them. Mayor Suarez: We got you. All right. Will the maker of the motion - Debate is closed. Mayor Suarez: And seconded. Vice Mayor Dawkins. Vice Mayor Dawkins: You do not have any PTA meetings? Ms. tutton: We have our PTA meetings primarily in the daytimS. There is'OnS eVent*that we have that might go past nine o'clock, and that's our spring that we do have in the evening. Commissioner Plummer: And how late . would that go? Ms. Lutto4; Itwould be probably not ever later than tes. Sometime it 0400' like nine thirty, but by the time the cars clear, it might .1* ten,' _ Vice Mayor Dawkins: And that'a the only night? lie, Lutton; No, we,have open house, open,school night,in 9ctePere*Ove,4, Christmas' play at Christmas time, that's two different quarters, finished one quarter, _ we _ . Vice Mayor Dawkins: Well, why would you stand up there and limit yourself to one ?... Mr. Fernandez: No. Commissioner Plummer: You're confusing quarters with semesters. Ms. Lutton: That's correct. But now, it's a school year. Me, Lutton: Because we only do four night time once a year, anyway. We have our PTA meetings in the daytime. Vice Mayor Dawkins :• And the Christmas party is what time? Ms. Cottons The Christmas play is at night, that's the second one. The third one is the spring play, and then we usually have one event where we have a speaker of someone come for the parents, so that would be four. If we wanted to have the fifth one, we could petition you guys, right? Ms. Lutton: No? So you want to go for five? Vice Mayor Dawkins: And you stood up here and let J.L. lock you into one, you can't even have the other three. Ms. Lutton: Say that again, if they lock me up? Commissioner Plummer: No, one per quarter. Vice Mayor Dawkins: One per quarter. Well it's two quarters, so that's only two. She says that she has got three. Ms. Lutton: We have four quarters. Commissioner Plummer: Four quarters usually makes a year to me. Vice Mayor Dawkins: And your students pay two thousand dollars a quarter ($2,000), and four times two is eight. Ms. Lutton: No, no, no. They pay... Vice Mayor Dawkins: Now we're back up... Commissioner Plummer: No, no. You are confusing... you listen to the teacher around here. Ms. Lutton: It's school quarters. Mayor Suarez: Would my "blues brothers" get their academic year organized? - we can vote on this item. Mr. Cardenas:. Well let me put it this way, I feel like I pay two thousand dollars ($2,000) a. quarter. Commissioner De Yurre: That's why he is only thirty -four. Ms. Cardenas: Seems like I am always writing it. Mayor Suarez: What is the proffer? Make a proffer, whatever you think is reasonable. Mr. Cardenas: Commissioner Dawkins, it's not that much money, I mean it's not eight thousand dollars ($8,000). It's like forty- five... I wish they gave a discount too for... Mayor Suarez: Could I stop you from getting into the cost of tuition? Tell me what the proffer finally is, so that we can vote on this counselor, Mr. Cardenas; Mayor Suarez; events. The proffer that we voluntarily made... Don't give me all the elements, only as to the issue of the 212 Noma Mr. Cardenas: Right, Three... Oh, the issue of the events. Mayor Suarez: Whatever you and your client Can handle, I am ready to vote obi this regardless, we can't spend all night on this. Mr. Cardenas: Right. No more than, why don't we say, no more than silo events a year, no more than two in a given quarter, no later than ten o'clock. Commissioner Plummer: You lost my vote. I withdraw my motion. Vice Mayor Dawkins: Go back to one a quarter, with an extra one if you Could... Mr. Cardenas: You heard. One event per quarter with a time limit of 10 :00 p.m. Mayor Suarez: OK. That's the proffer. Do we have a motion and a second still on the table? Commissioner Plummer: Yes, sir, t reinstate my motion. Mayor Suarez: We have a second? Commissioner Alonso: Yes. Mayor Suarez: Read the ordinance. AN ORDINANCE EINTITLED- AYES: NOES: None. ABSENT: None. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SAID ATLAS HAVING BEEN INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF, BY CHANGING THE ZONING CLASSIFICATION FROM 0 OFFICE TO GI GOVERNMENTAL AND INSTITUTIONAL FOR THE BLOCK BOUNDED BY BISCAYNE BOULEVARD NORTHEAST 60 STREET, AND NORTHEAST 5 COURT; AND APPROXIMATELY 592 NORTHEAST 60 STREET, MIAMI, FLORIDA, ALL DESCRIBED AS ALL OF BLOCK 4 AND LOTS 2 AND 3, BLOCK E, BAYSHORE REVISED, AS RECORDED IN PLAT BOOK 9, AT PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez COMMENTS MADE DURING ROLL CALL: Ms. Lutton: Presently, or for next year? Vice Mayor Dawkins: Now, and next year, Me. Dutton: OK, you've got it, Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: 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. Vice Mayor Dawkins: With the proviso that Mr. Cardenas provide my office with, the names and addresses of those minority students who owns scholarships, Mr. Cardenas: Pine. COMMENTS MITER TOLL CALL: Commissioner Plummer: Mr. Mayor, something just came to mind, could 1 ask ?.. Vice Mayor Dawkins: 1 reserve... just a minute .I.L., I reserve the right to change my vote at the second hearing if I go out there and find that the condition do not exist as you've stated them. Ms. mutton: What do you mean, minority students? Commissioner Plummer: Of course. Vice Mayor Dawkins: Ma'am? Ms. Lutton: Minority students? Vice Mayor Dawkins: No, ma'am, The traffic, configuration, and all. Mayor Suarez: OK. Commissioner Plummer: Mr. Mayor, let me inquire, maybe I shouldn't be doing it. You know, we made a deal with Planet Ocean about so many scholarships a year, I've never heard back on that thing. Mayor Suarez: I've never selected anybody from two scholarships. Vice Mayor Dawkins: That's what he is saying, he is saying you should have Commissioner Plummer: Well we were supposed organization, and the County School Board to be hear of the first one. And there was supposed to Mayor Suarez: Yes, I'd love a report on that. ten scholarships to be... Commissioner Plummer: I would like a report back on that. Mr. Rodriguez; OK, we'll do that. Commissioner:. Plummer: Please. I'm sorry to bring it up in zoning, but I just happened to think about it when you talked about that. Mr. Cardenas: Thank you, sir. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA. 214 to proffer names to that processed, and I am yet to be like fifty... 15'a year I thought it was a total of :..J.L..Y.......G i:i.:�4b. w a..1.Y.:1.::. e.i�.�tt: atl s.i.5..t Y.+�r v:��. ea. ra.:v - s. i'.�r.+ba.Yww.r ais. mti::r. s.aY SalF.nt.d r.+uiWaw:5n1Y.x�: 68. SUPPORT AND REFER TO CITY MANAGER PROPOSAL TO UPGRADE THE FOOTBALL AND BASEBALL FIELDS AND SWIMMING POOL AT HADLEY PARK - INSTRUCT CITY MANAGER TO BRING BACK TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH. Mr. Sergio Rodriguez: Mr. Mayor... Vice Mayor Dawkins: Mr. Mayor, I have a... we go to 46 now. Mayor Suarez: Yes. Commissioner Plummer: Forty -six. Vice Mayor Dawkins: And, as you know, we provided money for a pool at Hadley Park, and in conjunction with that, we've come up with a donor who's concerned about all of the youngsters in the area So, if the architect and the other gentleman will explain the project, then I'll go from there. Why not - leave it over there so everybody can see it. Commissioner Plummer: For every dollar you spend in Hadley Park, I get a dollar for Bayfront Park? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: Turnabout is fair play. Mr. Jacque E. Thermulis: My name is Jacque Thermulis from Urban Constructor and Urban Planning & Design. We're located at 7000 S.W. 62nd Avenue. UNIDENTIFIED SPEAKER: Why don't you bring that up over here? Vice Mayor Dawkins: Then they can't see it. UNIDENTIFIED SPEAKER: Who can't see it? Vice Mayor Dawkins: These people can't see it. Mr. Thermulis: It's three, five - twenty. Vice Mayor Dawkins: So, we stand up... Mr. Thermulis: We have Vincent Biscome from our office, which will present the presentation to you. Commissioner Plummer: Yes. Vice Mayor Dawkins: Your name and your address. Go right ahead, sir. Mr. Vincent Biscome: Vincent Biscome... Vice Mayor Dawkins: Take the mike... Mayor Suarez: There's a - yes. Mr, Biscome: Vincent Biscome, Urban Constructors, Inc. Mayor Suarez: And just put it a little closer to you - right. Mr. Biscome: ...and Urban Planning & Design. When we were first contacted by Vice Mayor Dawkins... Commissioner Plummer: Not for long. Mr. Biscome: ...he was worried. He told us that he lived in an area where . there is a park. One of the best well kept parks in the City. of Miami, and it was under utilized, Under utilized because there's a football in grei t '. condition that nobody used, including the high school across CAM0 i Anil, two .baseball diamonds where bids lined up to play, but there V44 aj.s* -pool, which is totally under utilized in the middle of summer. We made note of that. He told us that he wanted a facility to enhance the entire area. As we know, it's located in the area of Allapattah where Mayor Dawkins, Vice Mayor bawkins - seems like I want to make him the Mayor. Maybe he's looking for a contribution from me. Commissioner Plummer: You just defeated your project. Mayor Suarezt You got four votes left, maybe. Mr. Biscomes We looked at the problem that he stated and we came up with a solution to that problem where we could have total utilization of a complex such as this one. And, as well as total utilization of the field, both the football and an additional baseball diamond. Of course, you know there are a lot of kids who live in that area who do not have a clubhouse or any place where they could have visual presentations. And so, when we took that into consideration, we searched for somebody who would donate a facility like that to those young kids. We found one. The complex that we propose is an Olympic -sized complex where kids could train, not just from the basic area, but also from the high school, to participate in competitive sports. As you know, there's only one ranked world swimmer who is black. And, of course, I'm not trying to make it as a black issue, but since it's in a black issue, might as well bring it up, Antonio Nesti, from Guiana, is a world class athlete. And if he could be a world class athlete, so could all those other kids be we are now looking at. So, we designed a facility unlike any that the City has put up in Dade County. Sorry, not Dade County, but the City of Miami. It contains an administration area, it contains lockers, both male and female, and showers. It contains a warm up room which is almost unheard of except for the big universities in Florida, where the training could be done. Warm up before you enter the pool and weight training as well. It includes a second floor where the media could view the event, which is that second level. You'd get up there and view the proceedings while you're up there. Of course, the pool is also... we didn't exclude anybody, the pool is also handicapped accessible. We made those ramps so they too could have access to the pool and, somehow, partake in the event. This is a section for the entire pool complex, which is covered and air conditioned so that athletes could train in lightning, rain, or cold. Of course, you'll say, we don't have a cold problem in Florida, but when you're out there in cold water, it is. The pool is also heated. This is the front elevation of the pool, what it looks like from 12th Avenue. We decided to locate the complex - we'll view the from 12th Avenue because we thought that it would be a focal point for that entire community. Of course, a number of you would have the question about where is this complex going to be located in that park area without interfering with the existing structures or- trees, landscaping? We have a wide open area where the pool is located. Mayor Suarez: You had said that the pool was under -used except during the summer? Mr. Biscome: It is under -used including summer. Mayor Suarez: Including... OK. What guarantee do we have that this new facility with the pool as the principle feature will be used a lot more? Will not be under -used. Mr. Biscome: One major one. We make the high school part of the program. That high school has no training program for swimmers. It may be new, but it's one way to develop athletes to bring them up to Olympic standard. Mayor Suarez: Yes, the linkage between the schools and City. parks traditionally has been a lot more difficult than you would think. . You.wOUld think it would be almost automatic. Mr. Biscome; Well, let's put it that way. We have enough people in the community who are interested in utilizing that complex to the max because it will be an excellent complex. It will be an excellent facility and when 1 went to the existing complex, or existing facility that was there, there were lifeguards and trainers there to train the kids, but if you do not start at the stage to educate them about how important it is to get into, spurto,.ihatead of dealing_ in drugs or other activities, you'll have a waste, $o,.we,decided that we'd have to make it integral school to keep the level up,to bx tap to Olympic level, as well as make everybody else in the c because,, it will be a community facility, where they could appreciate it, 216 Novo*b Mayor Suarez: The schools Allapettah? Vice Mayor bawkinst rtes. Mr; Thermulist Also, Mr. Mayor, it goes beyond that also. We have Liberty City Optimists which will utilize the facility, which we have a growing member. We are part of the Charter, and part of the package is that when we go to the next phase with the football locker room, that the Optimist Club will come in, with the football team, with the coaches, and utilize that facility, which I'll show you in one second. Mr. Biscome: So, I'm sure, with the help of the community, and integration between school and City, we could work out something for the betterment of everybody in that community. The other facility that we were referring to is a clubhouse, which houses the visitors, as well as the home team. As you can see, it has bathrooms for both home and visiting team, locker facilities, as well as viewing facilities, where you could plan... Mayor Suarez: By regulation, I guess, all Olympic swimming facilities have to be indoors, right? Ms. Biscome: At that stage, and especially in Florida, because of the lightning problem. This facility is approximately 50 x 42 and it will house the home and visiting team. A lot of the kids in the area, as we've noted, have had to go to other areas to partake in sports and football and Little League baseball because there's no facility for them to participate competitively. So, this will solve that problem. Of course, we have some shots presented by the City, of course, showing the areas that are unoccupied right now. Right here, we have a football field which is hardly ever used. We propose to place the facility, housing the baseball and footballers in this area, which is next to the Fire Station, which is shown in the picture right here. So, we do not have to tear down any landscaping whatsoever. The pool complex, the existing pool complex, is right here. We're proposing to take it down because it is virtually useless. And we propose to lay or place the pool complex right in this area here which you'll see right here without touching a tree. This is a shot of the pool complex without the pool - I mean, without the cover on it, without the dome on it - showing you bleachers and people around. Mr. Thermulis: Also, in that same neighborhood, if you will look for a minute, this is the front entrance here. You have parking spaces right here already available which the sidewalk was connect to the parking space here. You have a "parking space here which has never been used hardly, which we could connect right to the parking space. So, parking facility won't be a. problem for this pool. The old pool complex will give us back the green area which we're using where the new pool is going at. Vice Mayor Dawkins: Thank you. As you are aware, when we passed the bond issue, there was two million dollars set aside for a pool. So, therefore, that two million dollars is available, but we have a donor who is concerned about the youth in that area and his main gripe is that, as a youngster, he was bused for no more than four or five blocks from this facility to Miami Beach to participate in Little League baseball or football. Now, he's determined that since he is able to attempt - not attempt, but to stop black youngsters from having to be bused to Miami Beach or any place else that he wants to participate in this for providing a wholesome atmosphere to reduce drugs, for education and scholarship, so this individual is going to donate the money necessary to complete the baseball diamond, because to be Little League certified, you need two playing teams - 1 mean, fields. So, we will have two Little League fields along with the other baseball diamond for the adults. He's also going to redo the football field - all of this is at his cost - he's going to put the field house with showers and a locker room just like a big pro station... Mayor Suarez: That's the clubhouse that he referred to? Vice Mayor Dawkins: Yes, uh huh. And he also is going' to buy all of the Little League football equipment necessary, So, we have a gentleman "here =who wants to contribute back to his community and 1 have no problems with it " in that we have had everybody else adopt a park, but they've never adopted one .n the heart of the ghetto. You adopt them on the fringe 4f the ghettoi - but ; #ere 1 1 1 1 1 • I . 1 ••+.• Irll 11 1 1 1 217 November we have a man who says, hey, I'm going home and I'm going to do this. And as for the pool, the present pool is under utilized. In the summer, black kids have to swim in waves. Why? Because the park is too crowded to swim. So, what the lifeguarde do is put 30 in, let them swim across and swim back, and they come out and another 30 go in. So, with a larger pool, we wouldn't have this to contend with. There are many adults in my neighborhood who can't Swim, and there's no place for them to learn to swim because, there again, the pool has to be for the youngsters and, therefore, the youngsters crowd the pool out and the adults don't get in. With this facility, we could have an adult swimming program. But my main concern is that, with the Olympics coming in Atlanta, if we were to get a structured program... now, we wouldn't have anybody to win the Olympics, but we might have us some swimmers who could go to the tryouts which would be an incentive to everybody behind them. So, and again, the gentleman who is donating the money, he sees that also. You know, it's amazing how quickly we forget. When the City of Miami passed the "People for Progress Bonds ", which was what? -15 years ago, J.L.? Mayor Suarez: 1970, I think. Commissioner Plummer: Roughly. Vice Mayor Dawkins: All right - yes, me too, but I wasn't here - they were supposed to put a scoreboard in Hadley Park, the bonds were sold and 15 years later, we do not have a scoreboard on the football field. But here, we're going to get a first class facility and also, these young fellas are going to get a baseball diamond where they can invite their other competitors and hold a Little League tournament because they'll have a facility that meets the Little League requirements. They've also tied in with the Optimists in that they wanted to have some, I guess, some prestige, I guess, for the lack of a better word, so we are at a stage where, for the first time, someone is going to donate something to the community that made it able to be able to earn what it can earn. So, I would like for this Commission to support a motion to send this to the Manager and for the Manager - and I don't know how we're going to do it but it must be done - and that is... I don't know whether it has to go out for competitive bids with the donor's money. I don't know. But that's for the Legal Department and the Manager to work out. But I do know that it can be done and it must be done. The only thing else I have to say to the Manager is that the Olympic sized pool, which we found out at Range Park, has a minimum depth of 4 feet. We have a lot of youngsters out here who can't stand up in 4 feet of water and still can't swim. So, adjustments must be made to accommodate these youngsters, and it cannot be in the Olympic sized pool because if it is, then it's no longer an Olympic sized pool. Mayor Suarez: ....a wading pool. Vice Mayor Dawkins: Um hum. But there again, we've got to work... I only got 2 million dollars, OK? And I'm sure that our pool, with all of the filters, pumps, shed, and all is going to eat up my 2 million dollars - our two million dollars. Because we're the ones who made it available. So, I don't know how to get a pool with a minimum of two feet and a maximum of three feet so that . the little youngsters can learn to swim. I don't know how we can do that. There again, that's for the Manager and those to work out. Mr. Odio: We can do what we did over at the Olympic.... Commissioner De Yurre: Let me second the motion and let me ask, what are we going to be doing with the other pool? Can something be done with the... Vice Mayor Dawkins: What? -the one that's there now? Commissioner De Yurre: Yes. Vice Mayor Dawkins; Push it down. I don't know. Commissioner De Yurre: No, I'm saying, can't that be used, maybe, fill it in to where we can use it for kids? Mr. Odio; You could leave it there, I guess. It's in very good condition now, We could leave it there so the kids could use that and build the Qlympio size building and with a pool next door, you know. Oommissioner De Yurre; You know, use it for the children, the smaller nee. 218 NOV r Vide Mayor Dawkins: The only problem 1 have with that is... 1 mean, I'm for it 100 percent. But the only problem we have with that is, we've got to find, if we want to operate two pools, we got to find donors and private concerns to support the Olympic sized pool. Mr. Odiot Right. Yes. Vice Mayor Dawkins: We can't have two pools sitting there that we're going to take tax dollars with and support. It won't work. Mr. Odiot We can do it, we need an Athalie Range, Commissioner, we built that small pool with the same amount of money, next to... Vice Mayor Dawkins: Yes, but now, I want us to realize, we're not fast tracking nothing. Mr. Odio: No. Vice Mayor Dawkins: This must be done correctly and right. Don't fast track it. Mr. Odio: OK. Vice Mayor Dawkins: And that's why I we have to leave the other pool up until we finish with this one, so that the youngsters... if we're not finished this summer, there's no problem, because the youngsters can still swim in the other one. So, I would like for everybody out there to know that this is a team effort. This is not Miller Dawkins effort, because it don't do a damn thing up here, one vote. It take three or more. I'm sure we're going to have five votes here. So, with that I'll throw it open for discussion. Commissioner De Yurre: :Let me say, as far as maintenance, law enforcement trust money. You know, because if there's one thing that prevents crime, it's sports. And this kind of thing that gets our kids in there and they're supervised at all times. You know, there's no better way of keeping our kids out of trouble than being active'in sports and letting all that energy channel it properly and supervise them as far as their studies and everything else. Can't we get them... I mean, like what better way of preventing crime than that? Mr. Odio: Well, I don't know why because if we're using money for the boxing' program, this is the same concept, why can't we have a program for the swimming program? Mayor Suarez: For the swimming program. OK, with that suggestion in mind, we have a motion and a second. Do you want to add any other features to :it anybody? Commissioner De Yurre: We're ready to go. Commissioner Plummer: Send it to the Manager and come back. Mayor Suarez: Come back in full detail... Vice Mayor Dawkins: December 6th. Mayor Suarez; ...for final approval. Vice Mayor Dawkins: Come back ready to hit the ground rolling. Mr. Odio: OK. Mayor Suarez: And deliberate building, careful., pot fast tracking, and.,not.. leaving anything to chance. All right? Vice Mayor Dawkins: All right, now, I'd like for all you Little Leaguers -.I pee the ladies out there. We're going to have to gat a track team for you ladies, that's right? OK, Let me see the Little Leaguers stand up, so th can aee who... stand up, champ. (ARPLAUSE) Novitetm Vide Mayor Dawkins: Will the Coaches stand. (APPLAUSE) Vice Mayor Dawkins: Where is the gentleman who County? Where's the Dade County coordinator? coordinator? All right, we're trying to make don't have no hang -ups for °brownie points ". the 6th and come back at 6 :00 o'clock and pictures` and we'll get this show on the road, (APPLAUSE) Mayor Suarez: So moved. So moved and seconded. sure before we clap. The following motion was introduced by Commissioner Dawkins, who moved its adoptions A MOTION TO REFER TO THE CITY MANAGER A PROPOSAL BY MESSRS. JACQUE E. THERMULIS (GENERAL CONTRACTOR) AND VINCENT BISCOME (ARCHITECT) FOR CONSTRUCTION OF A FOOTBALL AND BASEBALL FIELDS AND A SWIMMING POOL AT CHARLES HADLEY PARK; FURTHER DIRECTING THE MANAGER TO WORK OUT THE DETAILS FOR THIS PROJECT AND BRING BACK TO THE COMMISSION MEETING (PRESENTLY SCHEDULED FOR DECEMBER 6, 1990) AT 6:00 P.M., FOR FINAL CONSIDERATION BY THE COMMISSION. MOTION NO. 90 -907 Upon being .seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. (APPLAUSE) Commissioner De Yurre: I only have one question. Mayor. Suarez: Yes. Commissioner De Yurre: Do you know how to swim? Commissioner Alonso: We'll teach him. Commissioner De Yurre: I just want to know. Let's take the vote and make Commissioner Alonso: Then, he knows how to really swim. is tying this in with Dade Where's the Dade County this service the youth. See, we It's our youth. So, be back on you will be here. We'll take Vice Mayor Dawkins: Yes, see, I came up in the segregated area. So, the only thing we could do was go down to the river. I :learned to swim in the river. Vice Mayor Dawkins: And I didn't understand how my mother could tell how I had been swimming, but I was very ashy when I got home. You all won't understand that. 22Q Nos b 1. Commissioner Plummer: Only? Commissioner Alonso: Sure. Mayor Suarez: OK, are they here? Commissioner Plummer: Five? What item? Mr. Rodriguez: PZ-5. Commissioner Alonso: Uh huh. Mr. Rodriguez: Then 9, 10, and 11. Commissioner Plummer: Are deferred. Commissioner Alonso: Five? MOTION NO. 90-908 [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE PLANNING AND ON/NO AOENDA.] 69. CONTINUE AGENDA ITEMS PZ-5, PZ-9, PZ-10 AND PZ-11 TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6, 1990. Mayor Suarez: OK, PZ-4. Now that we know his swimming... Mr. Sergio Rodriguez: Mr. Mayor, items PZ-5, 9, 10, and 11 should be continued to December 6th. Mayor Suarez: Are they private parties involved or are they City matters or what? Mr. Rodriguez: In the case of 5, there is a private party, but he hasn't given us the information that we have been asking for the second time. Mr. Rodriguez: Deferred - continued until December 6th. Mayor Suarez: PZ-5, 9, 10, and 11 have been proposed for continuance by staff, presumably with the agreement of every side of either one of those cases or any of those cases, matters? If not, would someone please step up to the mike and tell me if they have any objections to that continuance. OK, all right. Then, we've got a motion by Commissioner Plummer who put the glasses on his forehead, that's close enough. Thank you. Do you want to second that? Mayor Suarez: Commissioner Alonso. Call the roll on the continuance. The following motion was introduced by Commissioner Plummer, who moved its adoption: A MOTION TO CONTINUE ITEMS PZ-5, PZ-9, PZ AND PZ- 11 TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6, 1990. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 221, 111 ... Mayor Suarez: PZ-4. Commissioner Plummer: PZ-4, AYES1 Commissioner Victor be Yurre Commissioner J. L. Plummer, Jr, Commissioner Miriam A101180 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins Mr. ?dement Commissioner be Yurre votes yes. .. Commissioner Alonso: Second. Mayor Suarez: Seconded. Read the ordinance. Mr. Jorge Fernandez: Number four? Mayor Suarez: Yes. Commissioner Plummer: Yes, sir. 222 70. APPROVE REQUEST FOR OFFICIAL VACATION AND CLOSURE OF TRIANGULAR PORTION ON SOUTH SIDE OF N.E. 69 STREET LOCATED 1032 FEET EAST OF BISCAYNE BOULEVARD AT CURVILINEAR PORTION OF STREET (Applicant: Vendome Equities, Inc.) Mayor Suarez: PZ Somebody going to tell us about PZ-4? Dr. Luis Prieto: Yes, this is a vacation of a piece of right-of-way approximately 6,000 square feet... Commissioner De Yurre: I have to excuse myself on this one. Mayor Suarez: OK. Commissioner Plummer: Mr. Mayor, I was the one that caused a problem here before. I have looked into it. The City has some responsibility in the fact that we had given permission and I will accept their voluntary covenant of $5,000 and move for its approval and upholding the board. I so move. Mayor Suarez: So moved. Does anyone wish to be heard against that? Let the record reflect no one stepped forward. Mr. Fernandez: It's a resolution. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-909 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT TRIANGULAR PORTION ON THE SOUTH SIDE OF NORTHEAST 69TH STREET LOCATED PLUS OR MINUS 1032' EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF SAID STREET, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1388 - "VENDOME SUBDIVISION", (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 J. L. Plummer, Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSTENTIONS: Commissioner Victor De Yurre ABSENT: Vice Mayor Miller J. Dawkins. 71. CONTINUE APPEAL CONCERNING SPECIAL EXCEPTION TO ALLOW ADDITION OF TWO - STORY RESIDENTIAL STRUCTURE AT 3160 S.W. 23 STREET TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER 6TH (Applicant: Benito & Diana Fernandez). Mayor Suarez: PZ -6. Counselor, you earned your money today? Mr. Guillermo Olmedillo: PZ -6 is an appeal and we will hear from the appellant first. Mayor Suarez: OK. The appeal is by the property owner? Mr. Olmedillo: The property owner, Benito and Diana Fernandez and this is a... Mayor Suarez: Are Benito and Diana Fernandez here or their attorneys? Ms. Eve Lynne Eliason: No, they're -not here. I'm here. Mayor Suarez: What does that mean? Commissioner Plummer: You're the objector? Mayor Suarez: Is he involved in PZ -6? Ms. Eliason: No. I wanted to speak in their behalf. Commissioner Plummer: In their behalf? Ms. Eliason: Right. Commissioner Plummer: Well, who was the objector that filed the appeal? Mr. Olmedillo: The property owner. Commissioner Plummer: Oh, they're appealing the denial. Mr. Olmedillo: The denial issued by the Zoning Board's... Commissioner Plummer: Ah ha, but the owners are not here? Mr. Olmedillo: They are not apparently. Mayor Suarez: OK, let's clarify then what your legal status is. You're note an attorney? -or you are? Ms. Eliason: No, I'm not. Mayor Suarez: OK, you're not compensated to be here on:their behalf? Ms. Eliason: Not in any way. Mayor Suarez: That you're aware of at this point, right? Beaauad were, you'd have to fill out a form. OK, swear in the iady, please:. Jr, Commissioner Plummer: Well, Mr. Mayor, the policy of this board has been usually if the applicant isn't interested enough to be here.... Mayor Suarez: No, no, but she's on behalf of the applicant, I believe. Commissioner Plummer: No, she's going to speak in behalf of the applicant, not for the applicant. Ms. Eliason, I'm going to try. Commissioner Plummer: For the applicant or in behalf of? Mayor Suarez: That's the same thing. Commissioner Plummer: No, it's not. Ms. Eliason: Well, I'm sorry, I don't understand the semantics... Commissioner Plummer: Are you going to be here representing them or are you going to here just speak in their favor? Ms. Eliason: That's right. Speak in their favor. Mayor Suarez: Well, is there a problem with the applicant, presumably because of a language problem or something? Commissioner Plummer: It would seem like to me the applicant, if interested, would be here. Ms. Eliason: They couldn't be here. Commissioner Plummer: I would move that this item be deferred to give the applicant the chance to be here. Mayor Suarez: They're going to want to see the persons here, even if they don't.... I don't know, are they... Ms. Eliason: They were unable to be here. Mayor Suarez: They were unable? Ms. Eliason: Yes. Mayor Suarez: Are they elderly? -or are they not fluent in English? -or... Ms. Eliason: No, they had other commitments that they had to fulfill, they were unable to be here. Commissioner Plummer: Well, ma'am, would you do them a favor for me? Ms. Eliason: I'll try. Commissioner Plummer: Would you tell them on December the 6th, if they're not here, we're going to turn... I'm going to move to turn it down. Because if they're not interested in being here to protect their interest, then I don't know why I should. Ma. Eliason: You mean I've come down here and sat here, all afternoon... Commissioner Plummer: Would you like to go on now with your testimony? -which would be... Ms. Eliasons I'd certainly like to. Mayor Suarez: Yes, you can tell us what you think about it. Weil take :.;that ;- down and we'll take note of that for the actual hearing, but the Commissioners want the applicants to be here in person. Mr, Jorge Fernandez: Mr, Mayor, and 1 want the record clear. as a witness or as an attorney on behalf of? Commissioner Plummer; A witness. 224 Mayor Suarez: 1 don't know. I guess she's... Hr. Fernandez: Does she have a power of attorney to represent... Mayor Suarez: She's not an attorney. She's just a supporter so far, from what / oan tell. Ms. Eliason: That's right, I'm a supporter. Mayor Suarez: OK. Mt, Fernandez: Just a supporter then. She's speaking in favor of. Ms. Eliason: That's right. Mayor Suarez: I would hope in this Commission, unless you tell me otherwise, that we would have the ability of non attorneys to speak on behalf of people but... Commissioner Plummer: No, there's a state law against that, is there not? Mayor Suarez: I can't imagine that there would be. Mr. Fernandez: No, she's speaking in support of these individuals. Mayor Suarez: But that's not what I am saying. I'm saying I would hope, in this Commission, unless there's some law against it, that people can speak on behalf of someone else who are not attorneys. I wouldn't want to restrict this to attorneys. Mr. Fernandez: Oh, no, yes, my opinion would be that, yes, they could speak so long as they have a power of attorney. Mayor Suarez: OK. Mr. Fernandez: ...or there is some indication that they, in fact have been empowered to do so. Mayor Suarez: Exactly. All right. Mr. Rodriguez: Mr. Mayor... Mayor Suarez: You probably don't have that in any event, so you're probably here just supporting the application. So why don't you just give us your testimony? Ms. Eliason: I have an interest in this, that's the reason I'm here. Mayor Suarez: Right. OK, tell us why and what you'd like about it. Mr. Rodriguez: Mr. Mayor... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: OK, tell us name and address and your interest in this and why you're in favor of it. Ms. Eliason: OK, my name Eve Lynne Eliason. I live at 2530 S.W. 15th Street, and I have property almost across the street from.the property here that's question. And the Commission turned down the request for these people to build apartments on the back section of their property. I wanted to point out something that I don't think that the Commissioners were aware of, There are approximately four pieces of property on that street that have 75 foot fronts. That's the way they were originally set up way back in1940 or '47. Ever$T, other piece of property is a 50-foot front, and they have duplexes=onthem turned sideways so that it covers the whole 'entire piece'of - ground. , these four pieces of property have duplexes set on them so that they're running parallel to the street, They take up these lots are 150 x 75 foOt . fronts, The buildings on them, the duplexes, tae up 75 feet by 75 which leaves a whole entire 75 feet by 75 feet unused in the back part of 04: Mr. Olmedillo: It's a special exception. Mr. Rodriguez: It's a special exception. Mayor Suarez: You've also... Commissioner Alonso: What do you mean? -a den? • lot. And they were asking if they might build and I believe the only reAeon that they were turned down was because the Cotnmissitsn required two are fef each dwelling and the Code calls for one- and -a -half spaces for cars Mow, there isn't another lot on the street where they even have two parking spaces for a duplex, for each duplex. They might have one for each abode, but they don't have what you require, and I'm wondering why there should be this discrimination when this land is unused. It's very desirable, it is eApensive, it's cost a great deal for these... I've owned my property now, let me see, since 1948 and I've been paying heavy taxes and it's done me very little good. And it is very desirable because it is there... Mayor Suarez: 1948? Ms. Eliason: Yes Mayor Suarez: That was the year that Dawkins became a grandfather. Ms. Eliason: Well, I'm glad he's a Commissioner. Anyway, the thing is, that if this will be approved with six parking places, that means that the rest of us could use our property. We could petition the Commissioners... Mayor Suarez: Is this a request for a variance in parking requirements? - or.. . Mayor Suarez: Special exception. Does it make sense in view of what the surrounding properties, how they're using their properties and how they... the number of parking spaces that they have, as she's suggesting? - or.... Mr. Rodriguez: I think it makes sense in view of what she's proposing to use in the future. Because she's talking about precisely doing the same thing, and if you have that many... in this particular case, it will be four units, some of which have three bedrooms, and you are going with the proposal that they have of less than two parking spaces per unit, you might have a problem. Commissioner Alonso: How many bedrooms? - oh, excuse me. Mayor Suarez: I just wanted to tell her, you might, if you support this and want to help the owners, you might want to bring some letters from people in the vicinity that think this makes a lot of sense. Go ahead, Commissioner. Commissioner Alonsos How many bedrooms per unit? Mr. Rodriguez: In the plans that... Guillermo, maybe you want to... Mr. Olmedillo: Yes, there are... one unit has three bedrooms clearly marked. Commissioner Alonso: One unit, three bedrooms. Mr. Olmedillo: Three bedrooms. Mr. Rodriguez: Three bedrooms. Commissioner Alonso: Uh huh. Mr. Olmedillo: There are two other units which have two bedrooms, but they have an additional space which may be a bedroom. It's not labeled bedroom... Mr, Rodriguez: It's called a utility area, but it's fairly large. Mr. Olmedillo: It'a called a utility area, but it leads into the family room and to the bathroom. And then there's another one which is clearly a two bedroom unit. 226 November Me. Sliason: Many of the properties down there - 1 know of three right now fifty foot fronts and they have three dwellings on each one. And we're asking for our on 75 feet. And we would have parking for six cars, Mayor Suarez: }tow big are the lots, typically, Guillermo, that we're talking about? Mr. Olmedillo: Excuse me, sir. Mayor Suarez: How big are the lots, typically, that we're talking about in that? Mr. Olmedillo: The lots are typically 50 x 150, the ones that are platted. Mayor Suarez: Fifty by 150. That's... Mr. Olmedillo: This particular one is 75 x 150. Mayor Suarez: This one is a lot -and -a -half, plus a large depth. Zoned now? Mr. Olmedillo: In this case, it's R -2 now, but it was RG -1/3, which is a duplex zoning under the previous zoning ordinance, and this application is under the previous zoning ordinance. Mayor Suarez: OK, anything else you want to say? We're going to just take your comments under advisement for future determination when the owners show up. Ms. Eliason: All right, so that means that if the owners show up, you'll make a decision at that time? Mayor Suarez: Yes, December 6th, we hope. Commissioner Alonso: Yes. Commissioner Plummer: Yes. Ms. Eliason: And you will take into consideration what I have pointed out? Mayor Suarez: Everything you've said. Commissioner Plummer: Your testimony. Commissioner Alonso: Sure. Mayor Suarez: Everything you've said in support. Ms. Eliason: Thank you very much. Mayor Suarez: Thank you, ma'am. OK... Mr. Olmedillo: Do you want us to state staff's position, for the record? Do we wait for, the... Commissioner Plummer: At the time the owners come here. Mayor Suarez; Why don't we do it at that point. Mr. Olmedillo: At the next time. Mayor Suarez: Why don't we do it at that point. Commissioner Alonso: One question. Mr. Fernandez: So continue the item. Commissioner Alonso: Looking at the area, how many other properties do. you ,,. think we'll be able to do something like this? Mr. Rodriguez; I couldn't tell you off the top of my head. She mention four areas, but I couldn't tell you. 2 7 Commissioner Alonso: You don't know? Mr, 01Medillot The house right next to it looks exactly the sate as this one so that's one candidate, clear candidate. And there are like,,. Mr. Rodriguez: Two tore. Mr. OiMedillOt Two lots to the east, another lot which seems to be the same size. Mayor Suarez: OX, anything further? if not, PZ-7. Mr, Rodriguez: So, you're going to continue this item to December 6th? Mayor Suarez: Yes, do we have to vote on that at this point? We haven't voted yet. Commissioner Plummer: 1 move that it be deferred till the next hearing. Mayor Suarez: So moved to continue it until December 6th. Commissioner Alonso: Second. Mayor Suarez: Second. Call the roll. AYES: NOES: None. ABSENT: None. Mayor Suarez: Now, ma'am, remember to tell the owners that there are some Commissioners here who will not vote favorably unless they come. Just tell them that, just tell them that, OK? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: December 6th, it's right up there on the board. December 6th. Ms. Eliason: Thank you. Mayor Suarez: Surely. Mayor Suarez: OK, PZ-7. somebody... Mr. Joe McManus: the appellant has Mayor Suarez: OK. Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE ABOVE ITEM WAS CONTINUED UNTIL THE COMMISSION MEETING OF DECEMBER 6, 1990, BY THE FOLLOWING VOTE: 72. MODIFY DECISION OF HERITAGE CONSERVATION BOARD WHICH HAD MODIFIED DECISION OF THE ZONING ADMINISTRATOR CONCERNING LOSS OF 13 TREES AT DADE COUNTY HUMAN RESOURCES CENTER (Appellant: Nagymihaly Properties). 220 Mr, McManus; Mr. O'Donnell, Commissioner Plummer; Now, they're appealing what? . . Is somebody withdrawing something here or Mr. Mayor, members of the Commission, this is an appeal and a statement to make. Mr. McManus: Appealing the decision of the Heritage Conservation Board. Mayor Suarez: Let's just see if there's... Tony. Tony O'Donnell, Esq.: Mr. Mayor, members of the Commission, my name is Tony O'Donnell With law offices at 801 Brickell Avenue, I'm representing the appellant. Mayor Suarez: Is your statement going to involve anything that would be, by way of testimony? - otherwise we'll swear you in or is there going to be a procedural statement? Mr. O'Donnell: My statement tonight, we have reached a settlement agreement with Dade County and which will resolve all the issues with Dade County and with the City on this matter. I would like... Mayor Suarez: I guess this is a silly ordinance that we've got, but we may as well... Commissioner Plummer: No, it's not. Mayor Suarez: Commissioner Plummer doesn't think it's a silly ordinance. Commissioner Plummer: No, sir. Especially, I think lawyers ought to be sworn in. Mayor Suarez: But, we's.... Mr. O'Donnell: Oh, I'll be happy to be sworn in. Mayor Suarez: Thank you. We require... Mr. O'Donnell: I'm sorry, I didn't... Mayor Suarez: We require both sides to be sworn in. Mr. O'Donnell: OK. Mayor Suarez: Even though, we're just going to express on the record, an agreement that's been reached. Commissioner Plummer: No, Charlie Crumpton I would exclude because he is a good guy. Mr. O'Donnell: Joni, we're taking back the AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: Wait a minute, you're Joni? Joni Armstrong- Coffey, Esq.: Joni Armstrong- Coffey... Mayor Suarez: That got me in my law office at 6 :00 p.m. on a weekday. Ms. Coffey: It was lunch time at the County Attorney's office. Mayor Suarez: OK. It's a good thing you guys reached a settlement on this. I don't have to be voting against people that call me at my law firm at... public servants. What's the agreement? Mr. O'Donnell: The agreement which we need, I've given it to the City Attorney involving in this matter, and also the County. I'd like to read it into the record. What we would like is a motion which modifies the heritage Conservation Board's decision so that it incorporates the requirements of the site plan approved by the Zoning Board that's before you here today. The Zoning Board hearing on this matter which will come up before you, except we've settled it on December 6th, it will incorporate that site plan, which . is Sasaki plan dated 11/1/90. This one is 11/1/90, with the following changes. One, in lieu of the wall along the property line, the concrete masonry val./ along the property line, there will be a six foot high decorative aluminum fence.., it's a very... 229 Nav,a4be Commissioner Plummer: How long do you think that will last there? Vice Mayor Dawkins: The way they're stealing aluminum? Commissioner Plummer: Aluminum. Commissioner Alonso: Oh, those - yes. Commissioner Plummer: Aluminum. Mr. O'Donnell: Aluminum. Number two... Mr. O'Donnell: No, it's a very nice fence in front of the HUD project oh U.S; 1. They use it in all the institutional... Commissioner Plummer: You better put insurance on that baby. Mr. O'Donnell: Number two, that the masonry decorative wall that will be extended, the Heritage Conservation Board has asked that it be extended the entire south facade, we've agreed that it will be extended only on the eastern half of the south facade to cover that mechanical area. The Zoning Board plan showed nine 26 foot oaks in the center aisle of the parking lot. In lieu of that, there will be five which will be interspersed with the existing smaller oak trees that are planted there today. That is five oak trees, 25 feet in height. We have agreed to dismiss our pending administrative and judicial action against all parties which includes the City. I've spoken to the City Attorney, they're really not materially a part of this matter. And what we would ask is approval of the Zoning Board plan then with the three amendments that we've agreed to. Ms. Coffey: Mr. Mayor, just one clarification... Mayor Suarez: Thank you. Joni. Ms. Coffey: Uninformed by staff that... Commissioner Plummer: Your name and... Ms. Coffey: I did previously, but I'm Joni Armstrong- Coffey, Assistant Dade County Attorney, representing Dade County in this matter. Staff has informed me that the plan that appeared, the Sasaki plan that appeared before the Zoning Board was dated October 15th, and I just wanted to clear that up for the record. Mayor Suarez: OK. Mr. O'Donnell: That's fine. This is a combination of Heritage Conservation Board and Zoning Board plans. Ms. Coffey: But, additionally, I understand there is to be a release of all claims, not just a dismissal, of the pending litigation and the pending administrative appeals, but also, a release of all claims, other than tax liens. Mr. O'Donnell: As of this date, as of this date. Ms. Coffey: As of this date. Mr. O'Donnell: As of this date, Ms. Coffey: Among all parties. Commissioner Plummer: Mr. Mayor, I move it Mayor Suarez: So moved,. Mr. Sergio Rodriguez: Mr. Commissioner... Mayor Suarez: Yea, Sergio, do you want to Out our Planning`Department 230 • Mr. Rodriguez: Ito, the only thing t want to make sure, which t don't understand, and maybe We can ask the Legal Department on this, there is a case, as you know, that went before the Zoning Board last Monday and it's separate from this case that is before you. Are they, also in the settlement, are they dropping that appeal? Mr. O'Donnell: I think, technically, that appeal is the County's. We 'will come before you on that appeal when it's before you and say that it's been resolved and then you would... Mayor Suarez: OK, are you agreeing on the record that you will make that statement at the appropriate time and procedurally... Mr. O'Donnell: Yes, we will be here... Ms. Coffey: Mr. Mayor, the County can't drop it because there's an outstanding Zoning Board decision that is adverse to the County's interest. We would expect to ask you to approve the same plan here on December 6th. Mayor Suarez: OK, very good. All right. Since you've resolved what has cost so much money and trouble and complexity, could the attorneys offer themselves on a pro bono basis to solve something having to do with De Garmo Estates and certain trees? Ms. Coffey: I hope I've finished my tree cases for a while. Mayor Suarez: All right, some trees cases that we have pending. The old chain saw massacre case on U.S. 1. All right, we have a motion and a second by Commissioner Alonso. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: AYES: Commissioner Alonso: RESOLUTION NO. 90 -910 A RESOLUTION, WITH ATTACHMENT(S), MODIFYING. THE DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA. (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: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez. NOES: None. ABSENT: None. Mr. O'Donnell: Thank you very much. Mayor Suarez: Thank God and the stars above! Ms. Coffey: Thank you all. I'm so glad to see tree problems resolved. Mayor Suarez: Madam City Clerk - Mr. City Clerk, please reflect, for the record, that 1 presume I have no conflict in voting, although once" I represented Miss Nagymihaly - what a great name, But 1 don't represent her on' an ongoing basis. In fact, I only represented her once on a different r:atter,' Commissioner Plummer; Did you get paid? Mayor Suarezt We Won't get into the issue of payment. 73. AMEND PREVIOUSLY ISSUED DEVELOPMENT ORDER FOR MIAMI CENTER I (A DRt) BY AMENDING DEVELOPMENT ORDER FOR ONE DUPONT PLAZA (301 -309 S. BISCAYNE BOULEVARD) EXTEND DEADLINES BY THREE MONTHS. Mayor Suarez: PZ-8. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ -8 is a request to essentially give two years more time to the One DuPont Plaza project which this Commission approved five years ago. The developer and his representative is here, he's basing his request on the current market for office buildings in the City of Miami and the financial difficulties prevalent in the country - throughout the country. I might point out to you that this is brought to you by Miami Center joint venture, of which 51 percent majority ownership is Olympia New York. Ted Gould is a minority owner of that, he is not... Commissioner Plummer: Ohhhhh! Whoaaa! Mr. McManus: No, no, he is not - Commissioner, let me, please... Commissioner Plummer: Ted Gould. Mr. McManus: Ted Gould is a minority... Commissioner Plummer: One of my favorite people! Oh, yes, that was the Ted Gould that was going to donate a million dollars to Bayfront Park. Mr. McManus: Is a minority... Commissioner Plummer: That's the Ted Gould that took the money from the office building and put into the hotel. That is, of course, the same Ted Gould. I remember that gentleman, such a fine upstanding young man. Mayor Suarez: Let the record reflect that all these statements are purely to clarify and to... Commissioner Plummer: Only identifying that fine upstanding young man. Mayor Suarez: ...identify. The sarcasm is not to be... Vice Mayor Dawkins: And I agree in total. Commissioner Alonso: In any way... Mayor Suarez: Right, interpret to mean anything. Commissioner Plummer: Yes, let us hear what the wisdom of Mr. Gould may be this evening. Mr. McManus: Mr, Gould is a minority partner, the dominant ownership, the dominant partner is Olympia New York, and this is... Mayor Suarez: What do they need from us, Joe? Mr. McManus: ,..and they are basically requesting a two -year time extension with the development. Commissioner Plummer; Why? Mayor Suarez: All right. Commissioner Plummer: Just because the market is bad doesn't mean they should get a two-year extension. You know, we were trying to get this thing built. These are the very people who Came in and blocked the City from buying that property, which the City tried to buy, And they went into an agreement with Ed Sall, God rest his soul, and cheated the City out of buying this particular 232 Novemkar. piece of property. How long have they had at this present time With this development order? Mr. McManus: Five years. Commissioner Plummer: Five years. Now they want another two years. Well, Till tell you something, the only way to get these people to move is to make them go do a new development order, OK? Now, I'm sorry. Mayor Suarez: What features would you change in a new development order? Commissioner Plummer: They're going to do.. look, Mr. Mayor, a hell of a 1ot of difference. Let me tell you what I would change. First of all, I would get their concurrence which they never gave in reference to the Metromover Station, OK? The concurrence in the changing of the road. All of those things which other parties that were interested would not agree to Mayor Suarez: But, the latest plan for transportation through there, the ramp system, is a very interesting plan. Not only that, it's developed and paid for by the applicant here. I mean, I don't know by requiring a whole new development order, what you're accomplishing. Vice Mayor Dawkins: Well, I'm not going to vote for it, because Mr. Gould did not perform what he promised us, and I would be remiss if I were to sit here and vote for Mr. Gould when he did not do bifurcated structure, he didn't do nothing that he promised the City of Miami he was going to do. Commissioner Plummer: Well, I'll tell you what. When does it expire? Ethan Minsky, Esq.: November 21. Mayor Suarez: November, 1990. Commissioner Plummer: November what? Mr. Minsky: Twenty -one. Commissioner Plummer: Of this month? Do we have it within it until December? Would that negate the expiration? Mr. McManus: I think you go beyond the expiration date. Commissioner Plummer: Huh? Mr. McManus: You go beyond the expiration date. Commissioner Plummer: In other words, can we grant it for one month? Mayor Suarez: Yes, if we can extend it for two years, we can also extend it for one month. Mr. Fernandez: Yes, that you can do. Mr. McManus: Well, yes... Commissioner Plummer: Huh? Mr. McManus: ...if you extend it. If you grant one month, yes. our power to defer Commissioner Plummer: Well, I'll tell you what. Let's let their great benefactors come forth and offer this City something in lieu of getting their two -year extension. I'll move, Mr. Mayor. You know, December is Christmas time and the great benevolence, I'll move a two -month extension, Mr. Minsky; Can I speak? Commissioner Plummer: It's going to cost you more. Mr. Minsky: My client, I suppose. Commissioner Plummer: 1 don't care who pays. 233 November Vice Mayor Dawkins: I second, J. L.'s motion. Mayor Suarez: OK, counselor... Commissioner Plummer: You want to speak, go ahead, air, but t Mayor Suarez: ...if you're going to speak to that. You're winning, instead of tWo years, two Months. If you want to speak to it, please get sworn in Red tell us what you think. Mr. Minsky: Thank you. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: OK, counselor. Mr. Minsky: My name' is Ethan Minsky. I'm an attorney, I represent Miami Centre," joint venture. My offices are at 1428 Brickell Avenue. I just wanted to speak to some of the comments you were making, Mr. Plummer. Commissioner Plummer: I'm sorry? Mr. Minsky: Sorry, I wanted to speak to some of the comments that you were making. The development order that we're talking about extending the expiration dates is the Russell Worth development order for the sliver of property down at the end of... Commissioner Plummer: Sir, how well I remember that. Mr. Minsky: OK. Commissioner Plummer: Operated his office out of a Cadillac. Mr. Minsky: That development order calls for the developer, whoever that may be - it wasn't to be Russell Worth, he never came up with his financing and he never closed the purchase of the property. It calls for roughly somewhere, according to Mr. Worth, $26,000,000 worth of contributions to the City, if something is built. If you let it expire, that's zero. That includes $5,000,000 towards the bifurcated ramp system. It includes a million dollars towards the Miami River Brickell Avenue bridge and I believe it includes some money towards Bayfront Park. Commissioner Plummer: That's fine, if it's developed. Mr. Minsky: That's correct. Commissioner Plummer: OK, now, you know, there's only one problem with that. Will you guarantee me, if I give you the two year extension that something will be done there ? Mr. Minsky: No, sir, obviously I can't do that. Commissioner Plummer: OK. Mr. Minsky: At this point, Miami Centre, Joint Venture, Olympia New York is studying an alternative that-you may be aware of that they're not going to be prepared to comment on until early next year, We're really trying to buy the time to be able to come to some conclusion, and if a conclusion is reached, then we would go forward... Mayor Suarez: Yea, what he's trying to say is that it benefits us to extend it. Do you want to try a few more months and see if we have time... Commissioner Plummer: Qh, sure: Give them three months. Mayor Suarez: We should know from Olympia New York by early next year what their new plans are, we hope, right? Mr. Minsky; They should have reached some conclusion with respect to the studies that they're presently undertaking by early net year, 234 Wov Mayor Ruarezt Try three months than? Commissioner PluMmer: And let me put on the record, if... t don't know, Who is your client? Mr. Minsky: Miami Centre, Joint Venture, the managing partner of Which is Olympia NeW York. Commissioner Plummer: Well, let me tell you something. In my estimation, there's no finer firm than Olympia York and their people, and especially Mr. Gordon McHenry. OK? Mr. Minsky: Hendry. Commissioner Plummer: And when that man gives his word, it's a bond. Unfortunately, he has others associated there in this joint venture that don't live up to the same expectations. Mr. Minsky: For the record, the other that you referred to is an absolutely silent partner who has nothing to do with this application. Commissioner Plummer: Sir, you can talk until "hell freezes over" and you will never convince me that one individual would ever be silent about anything. Mayor Suarez: OK... Commissioner Plummer: I had the pleasure of throwing him out of my house. Mayor Suarez: If we thought that a silent partner, in this case, meant really silent, that would be interesting. But, that's not quite what you mean. All right, do you want to try to make it three months and that way we, hopefully, get a report from on the rest of the project in early Commissioner Plummer: That's fine, three months. Mayor Suarez: OK, extending it for three months. So moved. Commissioner De Yurre: Second.... Mayor Suarez: Second. Thank you. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90 -911 A RESOLUTION, WITH ATTACHMENT, AMENDING A PREVIOUSLY ISSUED DEVELOPMENT ORDER FOR MIAMI CENTER I (RESOLUTION 79 -396; MAY 24, 1979, AS AMENDED), A DEVELOPMENT OF REGIONAL IMPACT PURSUANT TO SECTION 380.06, FLORIDA STATUTES, BY AMENDING THE DEVELOPMENT ORDER FOR ONE DUPONT PLAZA (EXHIBIT "B" OF RESOLUTION 86 -828, OCTOBER 7, 1986), LOCATED AT APPROXIMATELY 301 -399 S. BISCAYNE BOULEVARD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY AMENDING CONDITION 29 TO EXTEND DEADLINES BY THREE MONTHS (EXTENDING THE LATEST DATE FOR COMMENCEMENT OF CONSTRUCTION TO FEBRUARY 21, 1990, AND THE DATE OF EXPIRATION OF THE SUBSEQUENT ONE YEAR STAY TO FEBRUARY 21, 1991), AND TQ REVISE CONDITIONS 17F, 17G, 24 (FIGURE 7) 25F, 25G, AND RELATED CONDITIONS ACCORDINGLY; . INSTRUCTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO STATE AND REGIONAL AGENCIES AFFECTED PARTIES AND THE APPLICANT; AND PROVIDING AN EFFECTIVE DATE. 235 (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I guess so, yes. Commissioner Plummer: Wait a minute, Dawkins, you second my motion. Vice Mayor Dawkins: That's right. I seconded it so I could vote no. Commissioner Alonso: Just for the sake... COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Mr. City Attorney, on the matter of... Mr. Fernandez: Yes... Vice Mayor Dawkins: I told you before... Commissioner Plummer: After you left it. Vice Mayor Dawkins: But I told you when I said it, I was going to vote against it. [NOTE:. AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING ISSUES TO CONSIDER REGULAR NON- AGENDA ITEMS.] 74. APPOINT.HOLLAND.AND KNIGHT, BOND COUNSEL, TO RENDER A FORMAL WRITTEN OPINION REGARDING PROPOSED DEVELOPMENT OF THE STATE PLAZA PROJECT ON DEPARTMENT OF OFF- STREET PARKING'S SURFACE PARKING LOT NO. 10, WITH CONSIDERATIONS. Mr. Jorge Fernandez: Yes, Mr. Mayor and Commissioners, Mayor Suarez appeared in front of the board of the Department of Off- Street Parking to present the City Commission's resolution relative to the Jackie Bell project. And as a result... Mayor Suarez: Washington Heights. Mr. Fernandez: Washington Heights, correct. And, as a result of his presentation, the board of the Department of Off- Street Parking agreed to go ahead and do everything in their power to comply with that, and what is a necessary and essential element of that determination is bond counsel have been in determining that, in fact, the property can be sold or transferred to the City at acquired value. And, in order to do that, I need to get your consent for me to retain bond counsel for a very limited fee of $2,500 or less, to be able to render this opinion so that the New Washington Heights... Mayor Suarez: OK, we need $2,500.... your approval for $2,500 for . bond _ counsel. Commissioner Alonso: Yes, I so move. 236 NOW**.* Mayor Suarez: Thank you Commissioner De Yurre: Second. Mayor Suarez: Thank you. Moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Do we get the money back? Mr. Fernandez: No, it is from their budget. They're paying it, but you still need to approve... Commissioner Plummer: Off - Street Parking, Mr. Fernandez: Yes, Off- Street Parking is paying for it. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: AYES: RESOLUTION NO. 90 -912 A RESOLUTION AUTHORIZING THE APPOINTMENT OF THE LAW FIRM OF HOLLAND & KNIGHT, BOND COUNSEL, TO RENDER ADVICE AND A FORMAL WRITTEN BOND COUNSEL OPINION REGARDING THE PROPOSED DEVELOPMENT OF THE STATE PLAZA PROJECT ON DEPARTMENT OF OFF- STREET PARKING'S SURFACE PARKING LOT NO. 10 (HEREINAFTER "LOT NO. 10 "), INCLUDING IN ITS CONSIDERATION WHETHER OR NOT THE DEPARTMENT OF OFF- STREET PARKING IS REQUIRED TO RECEIVE FAIR MARKET VALUE IN RETURN FOR THE PROPOSED TRANSFER OF LOT NO. 10 TO THE CITY' WITH THE COST OF SAID LEGAL SERVICES NOT TO EXCEED $2,500.00 BEING ALLOCATED FROM MONIES TO BE MADE AVAILABLE FROM DEPARTMENT OF OFF STREET PARKING REVENUES. (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: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: OK, Mr. Mayor, before we leave, I'd like for.... 237 ` Nov 75. REQUEST CITY MANAGER TO MEET WITH REPRESENTATIVES OF "CURE AIDS NOW IN AN ATTEMPT TO ASSIST IN CONNECT/ON WITH THE PARKING LOT SITUATION. Mayor Suarez! Vide Mayor Dawkins. Vice Mayor Dawkins: 1 would like for the Manager to sit down with the "Cure Aids Now" people and see if there's any way we could give them some relief. Commissioner Plummer: You're talking about on 22nd Avenue and Dixie? Vice Mayor Dawkins: Yes. Commissioner Plummer: I agree. Mayor Suarez: OK. Commissioner Alonso: In what sense? Vice Mayor Dawkins: And so, and come... Commissioner Alonso: For the fine or for what? Vice Mayor Dawkins: No, they've got people that they... they've run out of money to feed people. Commissioner Alonso: Oh. Vice Mayor Dawkins: And I'd like for them... but I don't want to box the Manager in by saying, go find it, so I'd rather them go discuss it with the Manager and see what we can come up with. Mayor Suarez: OK. Commissioner Alonso: By the way, in reference to the parking lot... Commissioner Plummer: Use some of the botellas around here. Commissioner Alonso: ...we've resolved that problem... Mayor Suarez: Is that right? Vice Mayor Dawkins: Pave it. Mayor Suarez: Surface it. Mayor Suarez: OK, do we have any more items left? Commissioner Plummer: You all have a good Thanksgiving. Mayor Suarez: OK, I see people waiting for something to happen. I don't know what's about to happen, we're about to adjourn. Commissioner Alonso: ...and a private company is going to do it free and we got the permits and everything without cost to them. So... 230 November THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CIT! COMMISSION, THE MEETING VAS ADJOURNED AT 7:14 P.M. ATTEST: Matta Hirai CITY CLERK Walter J. Foeran ASSISTANT CITY CLERK Xavier L. Suarez MAYOR