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Home My WebLink AboutCC 1990-07-26 MinutesIficoRp )RAO T O 18t96 (F MEETING HEW (M JULY 26, 1990 PLANNING AND ZONING PREPARED I1Y THE OFFICE OF THE CITY CLERK CITY HALL NATTY HIRAI city clerk --a i; fNLNIt NINtJTNE Or REGULAR MEETING JULY 26; 1900 ITIN BUBJNCT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, PROCLAMATIONSo AND PRESENTED 1 SPECIAL ITEMS 7/26/00 " 2. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 2-4 SPECIAL REVENUE FUND: MULTI- 10765 f _ JURISDICTIONAL OPERATION - ($482,000) - 7/26/90 AUTHORIZE MANAGER TO ACCEPT GRANT. 3. AMEND RESOLUTION 89-288 - PROVIDE FOR R 90-564 4-5 ERECTION OF A PREFABRICATED GUARDHOUSE 7/26/90 STRUCTURE ON BELLE MEADE ISLAND. 4. BRIEF DISCUSSION CONCERNING (a) LENGTH DISCUSSION 5-7 OF AGENDAS; AND (b) METHOD FOR ROLL 7/26/90 CALL. 5. DISCUSSION CONCERNING REPLACEMENT OF DISCUSSION 7-13 TREES ON S.W. 8 STREET BY KIWANIS CLUB 7/26/90 OF LITTLE HAVANA (See Label 29). — 6. (A) REPORT BY VICE MAYOR DAWKINS ON HIS DISCUSSION 13-14 VISIT TO A METROPOLITAN DADE COUNTY 7/26/90 COMMISSION MEETING CONCERNING TAX INCREMENT DISTRICT. (B) DIRECT ADMINISTRATION TO PROVIDE DETAILED LIST OF ALL MATTERS ON 'WHICH _ THE COUNTY PRESENTLY NEEDS THE CITY'S COOPERATION. 7. CONSENT AGENDA. 14-22 7/26/90 = 7.1 ACCEPT PROPOSAL: FLORIDA INTERNATIONAL R 90-565 17 SYSTEMS, INC. - FOR FURNISHING A 7/26/90 MORTGAGE SERVICING SYSTEM TO DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. 7.2 ACCEPT BID: SAVIN FLORIDA, INC. - FOR R 90-566 17 _ FURNISHING COPIERS AND ACCESSORY 7/26/90 - EQUIPMENT -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GRAPHIC r REPRODUCTION DIVISION. - 7.3 ACCEPT BID: AERO TIRE CO. - FOR R 90-567 17 w FURNISHING TIRE RECAPPING SERVICES TO 7/26/90 DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. 7.4 ACCEPT BIDS: (a) DOWNTOWN RADIATOR R 90-568 18 SERVICES, INC.: AND (b) CHARLIE'S AUTO 7/26/90 GLASS, INC. - FOR FURNISHING RADIATORS AND GLASS REPAIRS TO GSA DEPARTMENT. h y x i x� t' I� I = u4 �.i 40 e 7 7.5 EXECUTE INDIVIDUAL CONTRACTUAL R 90-569 K 1S AGREEMENT WITH WYNWOOD COMMUNITY 7/96/90 ECONOMIC DEVELOPMENT CORPORATION, INC. TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT $LOCK GRANT. 7.6 EXECUTE AGREEMENT WITH NORA SWAN - FOR R 90=570 18 PROFESSIONAL SERVICES RELATED TO 7/26/90 ;f PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF FILM, TELEVISION AND RECORDING INDUSTRIES IN THE CITY. 7.7 AUTHORIZE AGREEMENT WITH REGINALD A. R 90-571 19 BARKER, AICP - FOR PROFESSIONAL 7/26/90 PLANNING SERVICES IN CONJUNCTION WITH COMPLETION OF APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT. 7.8 DECLARE U.D.P. AS MOST ADVANTAGEOUS R 90-572 19 METHOD - AUTHORIZE PREPARATION OF A 7/26/90 DRAFT R.F.P. FOR A U.D.P. FOR IMPROVEMENT, EXPANSION AND MANAGEMENT OF MIAMI MARINE STADIUM - SET PUBLIC HEARING. 7.9 AUTHORIZE SUBSTITUTION OF A RESERVE R 90-573 20 ACCOUNT SURETY BOND FOR CASH ON DEPOSIT 7/26/90 IN THE RESERVE ACCOUNT TO SECURE CITY'S OUTSTANDING SPECIAL REVENUE REFUNDING BONDS (SERIES 1987) - APPROVE DELIVERY OF SUPPLEMENTAL TRUST INDENTURE, etc. 7.10 ACCEPT PLAT: 602 COMPLEX. 8. (A) DISCUSS AND SEND BACK TO ADMINISTRATION FOR FURTHER STUDY AND ANALYSIS PROPOSED CODE AMENDMENT ALLOWING FUEL TRUCKS TO DELIVER FUEL ON CITY -OWNED PROPERTY. (B) BRIEF DISCUSSION CONCERNING STATUS OF DINNER KEY BOATYARD (FORMERLY MERRILL STEVENS). 9. (A) DISCUSS AND TEMPORARILY TABLE REQUEST FOR GRANT FOR THE BAKEHOUSE ART COMPLEX (See label 51) (B) VICE MAYOR DAWKINS REQUESTS ADMINISTRATION TO PROVIDE HIM WITH A LIST OF CITY EMPLOYEES WHO HAVE BEEN TERMINATED. R 90-574 7/26/90 M 90-575 7/26/90 DISCUSSION 7/26/90 10. AUTHORIZE MANAGER TO ENGAGE SERVICES OF M 90-576 FINE JACOBSON SCHWARTZ NASH BLOCK 6 7/26/90 20 22-28 28-30 30-33 - ENGLAND, AS BOND COUNSEL, TO PROVIDE A LEGAL OPINION REGARDING PROPOSED FINANCING OF THE MELROSE AFFORDABLE HOUSING PROJECT BY CODEC, INC. - COST TO BE CHARGED TO CITY ATTORNEY'S —:. BUDGET. •4 d? x`4 p rt - •H-"fl 42;. 'lei .�., :. x Yj, 11. SECOND READING ORDINANCE: AMEND CODE M 90-517 33-a30 � SECTION 2-7S - PROVIDE FOR INC"ASS OF ORDINANCE T FEES, WHENEVER NECESSARYo TO COVER COST 10766 OF ANNUAL REINSPECTION OF BUILDINGS AND 1/26/90 ' PREMISES. 12. SECOND READING ORDINANCEs AMEND CODE ORDINANCE 39-42 r SECTION 2-61.1 INCREASE USER FEES FOR 10761 USE OF EMERGENCY MEDICAL TRANSPORTATION 7/26/90 SERVICES - PROVIDE THAT FEES MAY BE INCREASED, WHENEVER NECESSARY, TO COVER COST OF SERVICES. 13. DISCUSS AND DEFER PROPOSED FIRST DISCUSSION 42-43 READING ORDINANCE AMENDING CODE SECTION 7/26/90 22-2 (GARBAGE AND TRASH) - ADD NRW SUBSECTION CONCERNING UNAUTHORIZED REMOVAL, MISUSE AND/OR MISPLACEMENT OF RECYCLING CONTAINERS FROM CURBSIDE. 14. (A) SCHEDULE FIRST PUBLIC HEARING ON M 90-578 43-56 BUDGET (BOTH THE CITY'S AND DOWNTOWN M 90-579 DEVELOPMENT AUTHORITY'S) FOR FISCAL M 90-580 YEAR 1990-91 ON SEPTEMBER 7, 1990. R 90-581 (B) SCHEDULE SECOND PUBLIC HEARING ON M 90-582 BUDGET (BOTH THE CITY'S AND DOWNTOWN 7/26/90 DEVELOPMENT AUTHORITY'S) FOR FISCAL YEAR 1990-91 ON SEPTEMBER 27, 1990. (C) INSTRUCT MANAGER TO STUDY AND PROPOSE INCENTIVES TO ENCOURAGE CITY EMPLOYEES TO LIVE WITHIN CITY LIMITS - RESTRICT USE OF CITY CARS TO CITY INSPECTORS WHO LIVE WITHIN THE CITY. (D) ESTABLISH PROPOSED MILLAGE RATE FOR THE CITY FOR FISCAL YEAR OCTOBER 1, 1990 - SEPTEMBER 30, 1991 - INSTRUCT — MANAGER TO SUBMIT SAID PROPOSED MILLAGE = RATE TO DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR. 15. AUTHORIZE EXECUTIVE DIRECTOR OF R 90-583 56-58 DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO 7/26/90 ESTABLISH PROPOSED MILLAGE RATE OF .5 MILLS FOR DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR OCTOBER 1, 1990 - SEPTEMBER 30, 1991. 16. AUTHORIZE TRANSFER OF $350,000 TO R 90-584 58-59 DOWNTOWN DEVELOPMENT AUTHORITY AS 7/26/90 ADVANCE PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY, BEFORE END OF 1990-1991 FISCAL YEAR. 17. AUTHORIZE CONTRACT WITH MIAMI CAPITAL R 90-585 59-60 — DEVELOPMENT, INC. - TO INCREASE THEIR 7/26/90 EXISTING REVOLVING LOAN FUND BY $690,000 AND TO PROVIDE $250,000 FOR THEIR ADMINISTRATIVE OPERATIONS (JULY 1, 1990 - JUNE 30, 1991) - FROM 16TH _ YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. 18. APPROVE ISSUANCE OF HOSPITAL REVENUE R 90-566 60-61 BONDS, SERIES 1990, BY THE MIAMI HEALTH 7/26/90 FACILITIES AUTHORITY (PAN AMERICAN HOSPITAL CORPORATION PROJECT) (4150000,000). ov 0 (A) APPROVE DRAFT OF PROPOSED CHARTER R 90-561 AMENDMENT N0. 1 TO PROVIDE THAT A CITY M 90-568 COMMISSIONER SHALL SERVE EX OFrICIO 1/26/90 WITHOUT COMPENSATION AS MEMBER AND AS CHAIRPERSON OF THE OFFS -STREET PARKING BOARD - CALL FOR A SPECIAL ELECTION TO BB HELD ON NOVEMBER 61 1990. (B) INSTRUCT CITY MANAGER AND CITY ATT09 MY TO STUDY AND REPORT BACK ON THE FEASIBILITY AND LEGALITY OF EXACTING A FEM FROM DEPARTMENT OF OFF- STREET PARKING FOR EACH PARKING METER LOCATED IN THE CITY. 20. APPROVE DRAFT OF PROPOSED CHARTER R 90-589 AMENDMENT NO. 2 TO PROVIDE FOR THE 7/26/90 REMOVAL OF PROVISIONS FROM THE CHARTER DEALING WITH CITY COMMISSIONERS' SALARIES - PROVIDE FOR EMOLUMENTS FOR OFFICES OF MAYOR AND COMMISSIONERS - STIPULATE THAT COMPENSATION IS TO BE FIXED BY ORDINANCE - STIPULATE THAT COMPENSATION IS TO BE FIXED BY ORDINANCE - CALL FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1990. 21. CLAIM SETTLEMENT: GEORGE HYMAN R 90-590 CONSTRUCTION COMPANY ($388,000) SUBJECT 7/26/90 TO EXECUTION OF RELEASE BY BOTH GEORGE HYMAN CONSTRUCTION COMPANY AND MIAMI CENTER ASSOCIATES, INC. (CENTRUST TOWER AND PARKING GARAGE). 22. (A) ACCEPT CONCEPT, IN PRINCIPLE - M 90-591 DIRECT ADMINISTRATION TO WORK WITH 7/26/90' OASIS HAITIAN CULTURAL AND COMMUNITY CENTER TO ASSIST THEM IN APPLYING FOR NECESSARY FUNDS FOR ACQUISITION AND RENOVATION OF THE REX THEATER. (B) INSTRUCT ADMINISTRATION TO LOOK INTO THE POSSIBILITY OF OBTAINING A MINI-UDAG GRANT FOR PURPOSES OF RENOVATING THE CARVER THEATER. 23. ESTABLISH A CAREER CRIMINAL PROGRAM - R 90-592 ALLOCATE FUNDS FROM LAW ENFORCEMENT 7/26/90 TRUST FUND. 24. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION ESTABLISHMENT OF A CITYWIDE CRIME 7/26/90 PREVENTION EDUCATION PROGRAM (See label 30). 25. DISCUSSION CONCERNING CRIME IN AREA OF DISCUSSION PROPOSED FREE TRADE ZONE IN WYNWOOD. 7/26/90 l 61=69 69-11 71-76 76-79 79-80 81-82 82 26. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 82-83 AMENDMENT TO RESOLUTION 86-665 WHICH 7/26/90 WOULD ALLOCATE ADDITIONAL FUNDS FROM LAW ENFORCEMENT TRUST FUND TO CONTINUE ACTIVITIES OF THE FORFEITURE FUND DETAIL (See label 31). 27. R 90-593 83-84 7/26/90 EXTEND EXISTING AGREEMENT WITH RAYMOND JAMES & ASSOCIATES, INC., AND HOWARD GARY & COMPANY TO PROVIDE FINANCIAL ADVISORY SERVICES TO THE CITY. Nit PE. (A) ACCEPT FINDINGS AND REPORTS ON R 90-594 85-90 n ORANGE BOWL STADIUM AND ITS PROPOSED 1/26/90 IMPROVEMENT PROGRAM, AS PERFORMED BY URBAN ARCHITICTS, INC. (DESIGN TEAM AND CONSULTANTS), UNDER INITIAL PHASE OF DESIGN FOR PROJECT: ORANGE BOWL .. MODERNIZATION - PHASE II (404238) RATIFY MANAGER'S ACTION AUTHORIZING SAID FIRM TO PROCEED WITH DESIGN EXECUTE AMENDMENT TO AGREEMENT REDUCING SCOPE OF PROJECT AND DESIGN FEE ENDORSE MANAGER'S FINDING OF AN EMERGENCY IN PROCUREMENT PROCEDURES, INCLUDING INSTALLATION OF NEW INTEGRATED SCOREBOARD AND SOUND SYSTEM, TO BE COMPLETED FOR THE 1990 COLLEGE FOOTBALL SEASON, etc. (B) COMMISSIONER PLUMMER GIVES STATISTICS RELATED TO THE MIAMI DOLPHINS. 29. (Continued Discussion) ALLOW KIWANIS M 90-595 91-98 CLUB OF LITTLE HAVANA TO REPLACE ONLY 7/26/90 DEAD PALM TREES ON S.W. 8 STREET, AS APPROVED BY CITY MANAGER AND PUBLIC WORKS DIRECTOR, TO COMPLETE CURRENT PHASE OF PROJECT. (See label 5). 30. (Continued Discussion) ESTABLISH R 90-596 98-99 CITYWIDE CRIME PREVENTION EDUCATION 7/26/90 PROGRAM (LAW ENFORCEMENT TRUST FUND) (See label 24). 31. (Continued Discussion) AMEND RESOLUTION R 90-597 99-102 -_ 86-665 - ALLOCATE ADDITIONAL $300,000 7/26/90 TO CONTINUE ACTIVITIES OF THE FORFEITURE FUND DETAIL (LAW ENFORCEMENT TRUST FUND) (See label 26). 32. APPROVE FUNDING OF THE MIAMI COALITION R 90-598 102-103 FOR A DRUG -FREE COMMUNITY PROGRAM (LAW 7/26/90 — ENFORCEMENT TRUST FUND). 33. APPROVE PURCHASE OF A FILM VIDEO R 90-599 104 _ PROCESSOR, TWO FORENSIC OPTICAL 7/26/90 ' COMPARATORS, A PREFAB PROCESSING - STRUCTURE, AND A FACSIMILE TRANSMITTER - t (LAW ENFORCEMENT TRUST FUND - $20,000). 34. EXECUTE PROFESSIONAL SERVICES AGREEMENT R 90-600 104-106 WITH POSITIVE THOUGHT ENTERPRISES FOR 7/26/90 -' PROVISION OF TWO EXECUTIVE STAFF AND TRAINER SEMINARS FOR POLICE DEPARTMENT (LAW ENFORCEMENT TRAINING TRUST FUND), 35. APPROVE FUNDING OF: DO THE RIGHT THING R 90-601 106 PROGRAM (LAW ENFORCEMENT TRUST FUND). 7/26/90 36. APPROVE PURCHASE OF PROGRAMMABLE RADIOS R 90-602 107 -1' AND ACCESSORIES (LAW ENFORCEMENT TRUST 7/26/90 FUND) . z. r..-, y t T � ACCEPT $20,000 FROM METRO -DADS R 90-603 t 108 DEPARTMENT OF JrUSTICE ASSISTANCE FOR 7/26/90 DEPOSIT INTO SPECIAL REVENUE FUND: THE INTERCULTURAL SENSITIVITY TRAINING FUND PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES FOR ADMINISTRATION OF A SURVEY TO ASSESS THE NATURE AND EXTENT OF PROBLEMS BETWEEN COMMUNITY AND POLICE DEPARTMENT. 38, EMERGENCY ORDINANCEt ESTABLISH NEW ORDINANCE 109 SPECIAL REVENUE FUNDt THE INTERCULTURAL 10768 SENSITIVITY TRAINING FUND - ACCEPT AND 7/26/90 APPROPRIATE $20,000 FROM METRO-DADE DEPARTMENT OF JUSTICE ASSISTANCE. 39. DISCUSS AND TABLE PROPOSED APPOINTMENT DISCUSSION 110 OF INDIVIDUALS TO SERVE ON MIAMI STREET 7/26/90 CODESIGNATION REVIEW COMMITTEE. 40. APPOINT INDIVIDUAL AS MEMBER OF MIAMI R 90-604 110-111 SPORTS AND EXHIBITION AUTHORITY 7/26/90 (Appointed was: Michael Zogby). 41. APPOINT INDIVIDUALS TO SERVE AS MEMBERS R 90-605 111-113 AND ALTERNATE MEMBERS ON INTERNATIONAL 7/26/90 TRADE BOARD (Appointed were: Stuart Sorg, Bill Messett, William Alexander, Rafael Diaz-Balart, Rafael Garcia Toledo, Tony Zamora, Howard Gary, Saturnino E. Lucio, II, Leslie Pantin, Jr., Manny G. Gonzalez, Omar Diaz Salinero and Osmundo Martinez; Alternates: Kishor Parekh, Tony Muniz, Dwayne Wynn and Waldo Castro). 42 APPOINT MEMBERS TO PRIVATE INDUSTRY R 90-606 114-118 COUNCIL (PIC) (Appointed were: 7/26/90 Elizabeth Reyes -Diaz, Billy Hardiman, Willy Ivory and Tito Gomez). 43. APPOINT INDIVIDUAL TO CITYWIDE R 90-607 118-119 COMMUNITY DEVELOPMENT ADVISORY BOARD 7/26/90 (Appointed was: Elio Cruz). 44. APPOINT INDIVIDUAL AS MEMBER OF HEALTH R 90-608 119-120 FACILITIES AUTHORITY (Appointed was 7/26/90 Gloria Rosello). 45. APPOINT INDIVIDUAL TO SERVE AS MEMBER R 90-609 120-121 ON BOARD OF TRUSTEES OF GENERAL 7/26/90 EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Appointed was: Krista Woods). 46. REAPPOINT AND APPOINT INDIVIDUALS TO R 90-610 121-123 BOARD OF DIRECTORS OF DOWNTOWN 7/26/90 DEVELOPMENT AUTHORITY (Reappointed were: Jeffrey Bercow, Doran A. Jason, William M. Klein, John Lowell, Jr., and Douglas McKinnon: appointed were: Henry A. Adorno and Annette Eisenberg). i N x ..h ; ► (A) REQUEST MEMBERS OF DADE COUNTY M 90-611 123-126 r. SCHOOL BOARD TO APPEAR BEFORE CITY M 90-612 COMMISSION REGARDING THEIR REQUEST THAT 7/26/90 THE CITY PURCHASE A LAND PARCEL ADJACENT TO DOUGLAS ELEMENTARY SCHOOL IN CONNECTION WITH THEIR PROPOSED EXPANSION PROGRAM. (9) DEMAND AUDIT OF DADE COUNTY SCHOOL BOARD RECORDS TO ASCERTAIN WHAT PORTION OF $080,000,000 BOND MONIES ARE PLANNED TO BE ALLOCATED TO THE CITY OF MIAMI. 48. (A) EXPRESS CITY OF MIAMI'S OPPOSITION R 90-613 126-130 TO DADS COUNTY ORDINANCE 90-73 AS IT 7/26/90 RELATES TO DIVISION OF CABLE TELEVISION LICENSE FEES BETWEEN THE COUNTY AND MUNICIPALITIES. (B) REPORT BY CITY ATTORNEY ON THE STATUS OF TCI (TELE-COMMUNICATIONS, INC.) - INFORM COMMISSION OF HIS DECISION NOT TO APPEAL AT THIS TIME. (C) BRIEF COMMENTS BY VICE MAYOR DAWKINS CONCERNING LACK OF SENSITIVITY ON TCI'S PART AS TO THEIR UNFULFILLED PROMISES FOR A GREATER INVOLVEMENT OF BLACK MIAMIANS IN THE CABLE TV COMPANY. 49. WAIVE COMPETITIVE SEALED BIDS R 90-614 130-131 REQUIREMENT - APPROVE PURCHASE OF 7/26/90 POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL (SOLE SOURCE VENDOR) - TO PROVIDE INTEGRATED SOFTWARE SYSTEM TO OPTIMIZE POLICE SCHEDULING AND DEPLOYMENT (LAW ENFORCEMENT TRUST FUND). 50. RATIFY MANAGER'S FINDING OF EMERGENCY - R 90-615 131-134 — WAIVE SEALED BIDS REQUIREMENT FOR 7/26/90 ACQUISITION OF SOD TO BE IN PLACE FOR FORMAL DEDICATION OF THE MILDRED AND CLAUDE PEPPER MEMORIAL FOUNTAIN IN BAYFRONT PARKS (PROJECT 331305). 51. (Continued Discussion) GRANT $10,000 M 90-616 134-137 EACH TO THE BAKEHOUSE ART COMPLEX AND 7/26/90 - THE MIAMI DESIGN DISTRICT, CONTINGENT UPON BOTH ENTITIES OBTAINING MATCHING SUMS ON A THREE -TO -ONE BASIS FROM — STIPULATED SOURCES. (See label 9A). 52. REPRESENTATIVES OF PEOPLE UNITED FOR DISCUSSION 137-147 JUSTICE SPEAK REGARDING RECENT 7/26/90 ACTIVITIES IN N.E. AREA INVOLVING THE -= HAITIAN COMMUNITY. 53. (A) ACCEPT BIDS: (a) FENCE CONNECTION, R 90-617 148-150 —_ INC., AND (b) D.E. GIDI AND ASSOCIATES, 7/26/90 INC. - TO FURNISH FENCING FOR SIX TENNIS COURTS AT TWO CITY PARKS - FOR PARKS DEPARTMENT - (CIP 313318). - (B) COMMISSIONER PLUMMER DISCUSSES y; ADVISABILITY OF PLACING A FENCE AROUND - THE PEPPER FOUNTAIN IN BAYFRONT PARK. 54. DISCUSSION CONCERNING REQUEST BY MIAMI DISCUSSION 150-152 CHILDREN'S VIGIL/UNA (UNITED NATIONS 7/26/90 = ASSOCIATION) CONCERNING: WORLD SUMMIT FOR CHILDREN CANDLELIGHT VIGIL. o ft }n NNWAW �a rr � a�eiy ss INSTRUCT MARAOSR TO ASLBASB $30 t 000 R 90-616 FROM 1989-90 BUDGET WHICH WAS 1/26/00 PREVIOUSLY EARMARKED FOR THE KEEP DADE BEAUTIFUL PROGRAM. 36. DISCUSS AND TEMPORARILY TABLE FUNDING DISCUSSION REQUEST FROM SANCHEZ AND LEVITAN REs 7/26/00 TUB MIAMI - A NEW WORLD CENTER PROJECT (See 1eb61 70). 51. EXPRESSION OF SUPPORT FOR PUBLICITY M 90-619 PROGRAM PRESENTED BY PRO -MARKET, INC. 7/26/90 FORS THE MIAMI - NEW WORLD CENTER PROJECT - SUGGEST APPLICANT PRESENT CONCEPT TO GREATER MIAMI CONVENTION AND VISITORS BUREAU, TOURIST DEVELOPMENT COMMITTEE, AND BEACON COUNCIL FOR POSSIBLE FUNDING. 58. COMMISSIONER J.L. PLUMMER COMMENTS ON DISCUSSION UPCOMING CITY BUDGET CRUNCH AND 7/26/90 ADVISABILITY OF INFORMING DESIGNATED CITY EMPLOYEES OF PROJECTED LAYOFFS. 59. RESCHEDULE FIRST CITY COMMISSION R 90-620 MEETING IN SEPTEMBER TO TAKE PLACE ON 7/26/90 SEPTEMBER 7TH, COMMENCING AT 9tOO A.M. 60. GRANT REQUEST BY REPRESENTATIVES OF THE R 90-621 JAPANESE SPRING FESTIVAL FOR WAIVER OF 7/26/90 ALL RELATED SURCHARGES FOR USE OF WATSON ISLAND TO HOLD A FUND-RAISER. 61. DISCUSSION CONCERNING REQUEST OF ALEX DISCUSSION PRODUCTIONS ENTERPRISES, INC. FOR IN- 7/26/90 KIND SERVICES IN CONNECTION WITH THEIR CENTROAMERICAN INDEPENDENCE FESTIVAL TO BE HELD IN BAYFRONT PARK. 62. REQUEST ADMINISTRATION TO LOOK INTO THE POSSIBILITY OF FENCING OR CONTROLLING THE AREA AROUND BAYFRONT PARK AMPHITHEATER. 63 REQUEST BY CITY MANAGER TO CLOSE OFF THE BACK OF THE CHAMBERS IN ORDER TO ISOLATE NOISE DURING CITY COMMISSION MEETINGS. 64. AUTHORIZE USE OF PORTION OF GRAND AVENUE PARK RECREATION BUILDING BY THE GREATER MIAMI SERVICE CORPS FOR A ONE YEAR TRIAL PERIOD FOR PURPOSES OF CONDUCTING A JOBS PROGRAM. 65. DISCUSSION CONCERNING LANCE PASKEWICH'S PENDING REQUEST FOR A REHABILITATION LOAN FOR LUZERNE APARTMENTS. 66. (A) ALLOCATE $44,485 (16TH YEAR CDBG FUNDS), PREVIOUSLY APPROPRIATED, TO HAITIAN AMERICAN NATIONAL FOUNDATION - FOR PROVIDING A CULTURAL EDUCATION PROGRAM TO THE HAITIAN COMMUNITY - EXECUTE AGREEMENT. (B) GRANT REQUEST FROM THE HAITIAN AMERICAN FOUNDATION FOR CLOSURE OF DESIGNATED STREETS CONCERNING THEIR SUMMER CARNIVAL. DISCUSSION 7/26/90 1 'JJ� 1 yT� 3A 152-153 �? ,s 1SJ�154 _ 157-158 158-160 160-162 163 DISCUSSION 164 7/26/90 R 90-622 164-166 7/26/90 DISCUSSION 166-169 7/26/90 R 90-623 170-180 R 90-624 7/26/90 - .-f d6ig,mY Fit, 3 x: 6i74 APPROVE A CoMmWITY DMLOPMIMT FLOAT It 90-625 I 160-163 LOAN ($300,000) TO MAGIC CITY 7/26/90 :. ENTERPRISES '` FOR COMPLETING CONSTRUCTION OF THE MIAMI RIVER INN ' HISTORIC 191) AND PARWA5T IN EAST LIT TLN HAVANA = DEFINE TERMS. 69. GRANT REQUEST FROM MORNINGSIDE R 90-626 1S3�iS6 k NEIGHBORHOOD FOR A REDUCTION IN THE 7/26/90 AMOUNT OF THE REQUIRED BOND I14 CONNECTION WITH IMPLEMENTATION OF A TRAFFIC CONTROL PLAN AND INSTALLATION OF TEMPORARY BARRICADES IN THEIR NEIGHBORHOOD. ,t 69. ALLOCATE $50,000 (16TH YEAR CDBG FUNDS) R 90-627 186-187 TO REGIS HOUSE, INC. - TO ACQUIRE A 7/26/90 BUILDING TO BE USED AS AN OUTPATIENT FACILITY FOR DRUG ADDICTED YOUTH - EXECUTE AGREEMENT. 70. (Continued Discussion) EXPRESS CITY M 90-628 187-190 COMMISSION'S SUPPORT, IN PRINCIPLE, 7/26/90 FOR: THE MIAMI - A NEW WORLD CENTER PROJECT AND OTHER SIMILAR PROGRAMS WHICH PROMOTE MIAMI AS AN INTERNATIONAL CITY - STIPULATE ALL SUCH REQUESTS WILL BE CONSIDERED DURING DISCUSSION OF THE FISCAL 1991 BUDGET (See label 56). 71. DISCUSSION CONCERNING SOME CONCERNS DISCUSSION 191-193 EXPRESSED BY A MEMBER OF THE HAITIAN 7/26/90 COMMUNITY. 72. GRANT REQUEST BY HANDICAPPED OF AMERICA, INC. FOR AUTHORIZATION TO SELL ALCOHOLIC BEVERAGES AT MANUEL ARTIME CENTER IN CONNECTION WITH A CONCERT, WITH PROVISOS. 73. SECOND READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMENDMENT): AMEND MCNP FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 890 N.E. 69 STREET, 7000 NE 9 COURT AND 950-990 NE 71 STREET (CITY OF MIAMI BAYVISTA MARINA) FROM SINGLE FAMILY RESIDENTIAL TO RECREATION (Applicant: Planning Department). 74. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): CHANGE FROM RG-2/2 TO PR 890 N.E. 69 STREET, 7000 NE 9 COURT AND .r 950-990 NE 71 STREET (CITY OF MIAMI r BAYVISTA MARINA) Applicant: Planning Department). R 90-629 193-194 7/26/90 ORDINANCE 194-198 10769 7/26/90 ORDINANCE 198-200 + 10770 7/26/90 r s rz q_. 8 M ,C£Y'+�44 (A) INSTRUCT PLANNINO NPARTMENT TO M 00-630 200-213 BRING ZONING OVERLAY DISTRICT PROPOSAL M 90-631 WHICH WILL NOT ADVERSELY AFFECT OWNERS M 90-632 OF SINGLE LOTS IN EDGEWATER AREA, etc. H 00-613 (11) INSTRUCT ADMINISTRATION TO STUDY ORDINANCE POSSIBLE INCREASE OF FLOOR AREA RATIO 10171 AND THE ISSUE OF PARKING SPACE 1/26/90 REQUIARMUNT9 ON COMMERCIAL AREAS FACING BISCAYNE BOULEVARD IN SAID PROPOSED OVERLAY DISTRICT. (C) CHANGE PROVISIONS OF SALE 01 USED AUTOMOBILES USED CAR LOTS (CONDITIONAL USES) IN ZONING ORDINANCE 11000 - WAIVE PROPOSED REQUIREMENT OF AN ENCLOSURE FOR USED CAR SALES LOTS, FOR A FIVE YEAR PERIOD. (D) ALLOW SPECIAL EXCEPTIONS IN AREAS ZONED AS GOVERMENT INSTITUTIONAL (GI) WHEN THERE IS ANY CHANGE IN USE OF ANY INCREASE IN INTENSITY GREATER THAN 20% OF THE SIZE OF THE EXISTING FACILITY. W SECOND READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 11000 - MAKE COMPREHENSIVE AND NON -SUBSTANTIAL CHANGES CONTAIN AUTHORITY, INTENT AND PURPOSE REGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT, BULK, PARKING AND SIGNS - PROVIDE FOR OFFICIAL ZONING ATLAS AND SCHEDULE AND DISTRICT REGULATIONS, ZONING, AND PLANNED DEVELOPMENT OVERLAY DISTRICTS, SPECIAL PERMITS, SPECIAL EXCEPTIONS, APPEALS, etc. (Applicant: Planning Department). 76. MAKE FINDING THAT THERE IS NO NEED TO R 90-634 235-236 AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD 7/26/90 PLAN 1989-2000 TO INCLUDE THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT. 77. MAKE FINDING THAT THERE IS NO NEED TO R 90-635 237 AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD 7/26/90 PLAN 1989-2000 TO INCLUDE THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT. 78. RATIFY MANAGER'S EXECUTION OF R 90-636 238-239 MODIFICATION NO. 2 OF FLORIDA 7/26/90 DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT WITH THE CITY - PROVIDE FOR AN EXTENSION OF TERMINATION DATE. 79. RATIFY MAYOR'S EXECUTION (AS CHAIRMAN R 90-637 239-240 OF WYNWOOD SAFE NEIGHBORHOOD 7/26/90 IMPROVEMENT DISTRICT [WYNWOOD SNIDJ) OF MODIFICATION NO. 2 OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) CONTRACT BETWEEN WYNWOOD SNID AND DCA PROVIDE FOR AN EXTENSION OF TERMINATION DATE. 80. DISCUSS AND WITHDRAW FROM FURTHER DISCUSSION 240-243 CONSIDERATION PROPOSED PROFESSIONAL 7/26/90 SERVICES AGREEMENT BETWEEN WYNWOOD SNID AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDc) FOR IMPLEMENTATION OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT PLAN. t ti �k L ' 81� DIRECT CITY MANAM TO DEED CITY -OWNED M 90-638 LAND IN WYNWOOD SKID TO WCRDC FOR 1/26/90 DEVELOPMENT OF A FOREIGN TRADE ZONE. �H FIRST READING ORDINANCE (MIAMI ORDINANCE ,= COMPREHENSIVE NEIGHBORHOOD PLAN)s first reading AMEND MCNP - FUTURE LAND USE MAP - 7/26/90 CHANGE LAND USE DESIGNATION AT 3260 S.W. 8 STREET FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED COMMERCIAL (Applicant: planning Department). 83. FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE AMENDMENT): AMEND 11000 ATLAS - CHANGE first reading DESIGNATION AT 3260 S.W. 8 STREET FROM 7/26/90 G/1 (Applicant: Planning Department). 84. SECOND READING ORDINANCE: AMEND CODE ORDINANCE SECTION 4-3 (ALCOHOLIC BEVERAGES) - 10772 ALLOW PACKAGE LIQUOR STORES TO OPEN FOR 7/26/90 BUSINESS ON SUNDAYS DURING DESIGNATED HOURS; TO EXTEND HOURS OF OPERATION ON SUNDAYS IN DECEMBER; TO REMAIN OPEN UNTIL MIDNIGHT ON CHRISTMAS AND NEW YEAR'S EVE - SUBJECT TO A SIX-MONTH REVIEW (Applicant: Planning Department). 85. CITY COMMISSION EXTENDS HEARTFELT DISCUSSION THANKS TO REPRESENTATIVE SUSAN GUBER 7/26/90 WHO DELIVERED TWO CHECKS TO THE CITY PROVIDING STATE FUNDS IN CONNECTION WITH DESIGNATED CITY PROJECTS. 86. APPROVE VACATION AND CLOSURE OF TWO R 90-639 EAST -WEST ALLEYS LYING WITHIN WESTERLY 7/26/90 HALF OF BLOCK BOUNDED BY N.E. 18 AND 19 STREETS, BISCAYNE BOULEVARD, AND N.E. 4 AVENUE (AS CONDITION OF APPROVAL OF TENTATIVE PLAT #1380 - CHINATOWN) (Applicant: Miami Chinese Community Center Ltd.). 243-ISO 260-264 r ^4 264 265-269 270 271-279 87. .SECOND READING ORDINANCE (MIAMI ORDINANCE 279-280 COMPREHENSIVE NEIGHBORHOOD PLAN): 10773 AMEND MCNP FUTURE LAND USE MAP - CHANGE 7/26/90 LAND USE DESIGNATION AT 120-186 S.W. 13 STREET, 1315-1325 S.W. 2 AVENUE FROM OFFICE TO RESTRICTED COMMERCIAL (Applicants: A.E. Quinton, Jr., at al). 88. SECOND READING ORDINANCE (ZONING ATLAS ORDINANCE 280-281 AMENDMENT): AMEND 9500 ATLAS AT 120- 10774 186 S.W. 13 STREET, 1315-1325 S.W. 2 7/26/90 AVENUE FROM RO-3/7 TO CR-2/7 (Applicants: A.B. Q!linton, Jr., at W. 89. FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE 281-282 AMENDMENT): AMEND 11000 ATLAS AT 120- first reading 186 S.W. 13 STREET AND 1315-1325 S.W. 2 7/26/90 AVENUE FROM 0 TO C-1 (Applicants: A.B. Quinton, Jr., at al). rt `:' b j MAKE rINDIN(I THAT ALL CONDITIONS An A 90-640 282 L1MtTATtONS IMPOSED UPON SPECIAL 7/96/90 EXCEPTION GRANTED BY RESOLUTION 89-580 ( ALLOW INO CONVERSION OF EXISTING BAR TO SUPPER CLUB WITHOUT LIVE ENTERTAINMENT AT 2721 BIRD AVENUE) HAVE BEEN COMPLIED WITH (Applicantt Castlewood R6&lt7 Corp., Inc.). 91. FIRST READING ORDINANCE (MIAMI ORDINANCE 283-284 COMPREHENSIVE NEIGHBORHOOD PLAN)s first reading AMEND MCNp FUTURE LAND USE PLAN MAP i 7/26/90 CHANGE LAND USE DESIGNATION OF BLOCK BOUNDED BY N.H. so TERRACE AND N.H. 51 STREET BETWEEN N.E. 2 AVENUE AND N.H. 1 COURT FROM SINGLE FAMILY, MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL AND RESTRICTED COMMERCIAL, TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Planting Department). 92. FIRST READING ORDINANCE (MIAMI ORDINANCE 284-285 COMPREHENSIVE NEIGHBORHOOD PLAN): first reading AMEND MCNP FUTURE LAND USE MAP - CHANGE 7/26/90 LAND USE DESIGNATION OF BLOCK BOUNDED BY N.H. 52 STREET AND N.E. 52 TERRACE BETWEEN N. MIAMI AVENUE AND N.H. MIAMI PLACE AS EXTENDED AND REMNANT PARCELS TO THE SOUTH, WEST OF N.E. MIAMI PLACE FROM SINGLE FAMILY AND DUPLEX RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Planning Department). 93. FIRST READING ORDINANCE (MIAMI ORDINANCE 285-286 COMPREHENSIVE NEIGHBORHOOD PLAN): first reading AMEND MCNp FUTURE LAND USE PLAN MAP - 7/26/90 CHANGE LAND USE DESIGNATION AT 35-57 N.E. 52 TERRACE AND 30-58 N.H. 53 STREET FROM MAJOR PUBLIC FACILITIES TRANSPORTATION AND UTILITIES TO DUPLEX RESIDENTIAL (Applicant: Planning Department). 94. FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE 286 AMENDMENT): AMEND 11000 ATLAS first reading DESIGNATION OF BLOCK BOUNDED BY N.H. 50 7/26/90 TERRACE AND N.E. 51 STREET BETWEEN N.E. 2 AVENUE AND N.E. I COURT FROM R-1, R-3 AND C-1 TO G/I (Applicant: Planning Department). 95. FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE 287-288 AMENDMENT): AMEND 11000 ATLAS FROM R-4 first reading FOR 596 N.W. 49 AVENUE AND R-2 FOR 4901 7/26/90 N.V. 5 STREET, TO C-1 (Applicants Planning Department). 96. FIRST READING ORDI'11*ANCE (ZONING ATLAS ORDINANCE 288-289 AMENDMENT): AMEND 9500 ATLAS - CHANGE first reading FROM RS-2/2 AND RO-3/6 TO CG-2/7, 7/26/90 RETAINING A ONE FOOT STRIP NORTHEASTERLY OF, PARALLEL TO AND ABUTTING, THE NORTHEASTERLY RIGHT-OF- WAY LINE OF DELAWARE PARKWAY IN EXISTING RS-2/2 AND RO-3/6 ZONING (Applicant: Planning Department). FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE AMMMENT): AMEND 11000 ATLAS FROM R-1 first reading AND 0 TO 'C-2, RETAINING A OUR FOOT I/26/90 STRIP NORTHEASTERLY OF, PARALLEL TO AND ABUTTING, THE NORTHEASTERLY RIGHT-OF- WAY LINE OF DELAWARE PARKWAY IN 1XISTING R-1 AND 0 ZONING. (APPLICANT: Planning Department). FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE AMENDMENT): AMEND 9500 ATLAS - APPLY first reading HC-1 AND RETAIN UNDERLYING ZONING 1/26/90 DISTRICT AT 2810-2916 N.W. SOUTH RIVER DRIVE AND THAT SECTION OF THE NORTH FORK OF THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851 DELAWARE PARKWAY (Applicant: Planning Department). FIRST READING ORDINANCE (ZONING ATLAS ORDINANCE AMENDMENT): AMEND 11000 ATLAS - APPLY first reading HC-1 AND RETAIN UNDERLYING ZONING 7/26/90 DISTRICT AT 2810-2916 N.W. SOUTH RIVER DRIVE AND THAT SECTION OF THE NORTH FORK OF THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851 DELAWARE PARKWAY (APPLICANT: PLANNING DEPARTMENT. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP M 90-641 ON THIS DATE TO THE CITY COMMISSION 7/26/90 MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 27, 1990. 292 292-294 >v,,E CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of July, 1900, the City Commission of Miami, Florida, � fast at its regular meeting place in the City ball, 3500 Pan American brie bo per f Miami, Florida in regular session. The meeting was called to order at 9s13 a.m. by Mayor Xavier Suarez with k the following members of the Commission found to be presents r 7 Commissioner Victor De Yurre Commissioner J. L. Plummer Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez 3� tn• ABSENT: Vice Mayor Miller J. Dawkins ALSO PRESENT s Cesar Odio, City Manager r Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez. Commissioner Alonso then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: At this point, Agenda items CA- 5, CA-11, 4, 44 and 48 were withdrawn by Administration. 1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS — _----------.--___----- ------ ------------- —----- -------------- I . Mr. Jim Barker, City of Coral Gables Commissioner, presented a photograph of one of the fire engines recently used in the co-operative efforts of - the City of Miami and Coral Gables Fire Departments in extinguishing the �4 - recent fire at the Woolworth Store in Miami. 2. Proclamation to Mr. Mike Kosnitsky for his efforts in assisting the Drama Club of Miami Northwestern High School to participate in a competition in Muncie, Indiana. 3. Certificate of Appreciation received by Andy Rodriguez and Daniel Pernate' on behalf of the Latin American Association of Insurance Agencies saluting t - their commitments to professionalism and proclaiming Saturday, July 21,, - 1990 Latin American Association of Insurance Agencies Day. t ` s 1 r � t �� c'. 1 July. 46 .`} e tti _ } .m..�a-..�7W.war�tah.�uLi'.Zsc+Glr.r�....icmW+i�swd..r:a�w4.,�.at:leta4.it...i.:ici�aifif. iYra::.n.ybar.t.�•w.+.�r�..:...br:..,...a:�r.r.r.�.,.:.4.s.ars�i.ii.r iGYii+G+Yiiia+'GYG�t 2� f EMEftC�ENCY 610INANCE s ESTABLISH NEW SPECIAL REVENUE rt" t JURISDICTIONAL OPERATION ($482,000) i AUTHORIZE MANAf ft TO ACCEPT i OftA1QT. • ' t ,rc:..,..r...-----r.r..Lz:1rr....r+�i..a.iiurii4+W:i , Mayor Suarezt OK, we don't have pocket items anymore, but we do have a`hou#1.6 of emergencies. I know one right away, Lt. Lon ueira wanted us to $ g y S Pairs A p° resolution without much ado. I think every Commissioner has been briefed on it. of Commissioner Piummers So move. �4 Mayor Suarez: And it is incumbent on us not to... Commissioner Alonso: Second. Mr. Jorge Fernandez: It's an ordinance, Mr. Mayor. Mayor Suarez: OK, would you... Commissioner Plummer: Read it. Mayor Suarez: We have a motion and a second, as you have heard. Mr. City Attorney, would you read the ordinance, please.' THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. NOTE FOR THE RECORD: Vice Mayor Dawkins entered the ak meeting at 9:25 a.m. Commissioner De Yurre: Hey, question. You mentioned to me that this program, we would have two officers... Lt. Joseph Longueira: Yes, sir. { Commissioner De Yurre: ...from our department assisting... Lt. Longueira: Yes, sir. Commissioner De Yurre: ...in that effort. Lt. Longueira: Yes, sir. Commissioner De Yurre: Right? Is that two of our present officers? Lt. Longueira: Yes, sir. n Commissioner De Yurre: OK. And re the ' going y g g to be paid their salaries and costs are going to be paid out of this. Lt. Longueira: Yes, air. Commissioner De Yurre: So then, you're telling me now that we have throe whatever their salaries is - that we can use for something else. Vice Mayor Dawkins: No. Tell him no. Lt. Longueira: r What it covers is overtime. Commissioner De Yurre: Right? Lt. Longueira: What it covers is overtime compensation, sir, for this. Commissioner Do Yurre: Well, why don't you explain it? rw we F h, R Ltt Langueiras It's all overtime operatims. „s e6 toiedictrer lie Yurre., Well, what's the Money for then? � Lt. Lctgueiras rot overtime, F } ; fi �crtids�iarier be Yurres Everything is overtisne, s Lt. Longutiras Everything. And the other fees we'll get I fnr adminiatrative casts. Commissioner be Yurres OX. Trying to, trying to keep up with you. Mayor Suarezt Provide the Commissioner and any other ones a confidential ' d" report on how we could maybe use this to substitute other funds that would otherwise be in the budget. Commissioner Plummer: So, it's still a lot. k, Mayor Suarez: Not that we're going to vote on that at this point. We're just ,going to vote to accept the funds and participate in the program. Vice Mayor Dawkins: Has it been moved? Mayor Suarez: Yes. Commissioner Plummer: It's always better to receive than give. Mayor Suarez: OK, call the roll, please. Did you read the ordinance, Mr. City Attorney? t' Mr. Fernandez: Yes, I -did. Mayor Suarez: You completely read it? Please call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MULTI -JURISDICTIONAL OPERATION"; APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED $482,000; AND AUTHORIZING THE $ CITY MANAGER TO ACCEPT THE GRANT OF $482,000 FROM THE BUREAU OF JUSTICE ASSISTANCE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. , Was introduced by Commissioner Plummer and seconded by Commissioner` Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the #F following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr, 4R, Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez , - NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. ' " t .; Commissioner Miriam Alonso . A,. Vice Mayor Hiller Dawkins Mayor Xavier L. Suarez � NOES: None.`: 52 - ABSENT: Nona. 7$ � s Kx r )r. Q i. jaI4�!F ^F . i i r "tMANCR WAS �ESi�tA2'3fi �RbINANCE 10?65 • . .,t�0. �y The City Attorney read the ordinance into the public record and announced that eopiee were available to the members of the City CoMisaids "d l; to the public z Yg, r t x � • L1WiVY14.'eii.iris iifisiLidY - — — - — - — - - — - — — — — — — — -------i------- 3, AMEND RESOLUTION 89-288 PROVIDE FOR ERECTION OF A PREPANICATSD GUARDHOUSE STRUCTURE ON BELLE MRADE ISLAND. ax_ ..�...-........--------------------------- ------------------------------- .Commissioner De Yurret Mr. Mayor... Mayor Suarazt Yes, Commissioner. Commissioner De Yurre: We have here Judy Clark from Belle Meade Island. Mayor Suarez: You have a small hitch on the kind of structure you have to set x up there for the guardhouse. Is that... i Ms. Judy Clarkt Yes, we're attempting to expedite the guardhouse. Good morning. We're attempting to expedite the building of the guardhouse and it was suggested by Dade County that we use a prefab structure. So we'd like to delete those three words from the resolution, the City resolution. .t Commissioner De Yurre: And the 3 words are? Ms. Clark: Concrete block structure. Mayor Suarez: I presume those were in there, Mr. Manager, at the request of the County, Mr. City Attorney? In the first instance, so if the County now says they'll go with a slightly different structure, then that is acceptable to us. Is that the... Mr. Jorge Fernandez: Correct. The County will go with a prefab type of structure and we're putting in this new resolution, if you're of a mind to ; pass it, that it must meet all of the requirements of the South Florida Building Code and would also be acceptable to our Building Department. Commissioner Plummer: So move. t Mayor Suarez: So moved. Commissioner De Yurre: Second. 'F Mayor Suarez: Seconded. Just so they don't come in one day and the same bad guys you're trying to keep out of there remove the whole structure and take it with them. Call the roll. ;> Commissioner Plummer: It's not made out of aluminum. Mayor Suarez: Call the roll. Ms. Clark: In a flower truck. The following resolution was introduced by Commissioner Plummer, who j moved its adoption: RESOLUTION NO. 90-564 A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 81)- 288, ADOPTED MARCH 23, 1989, TO PROVIDE FOR THE f ERECTION OF A PREFABRICATED GUARDHOUSE STRUCTURE TO BE LOCATED IN THE PUBLIC RIGHT-OF-WAY AT THE NORTHEAST END OF THE BELLE MEADE ISLAND BRIDGE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ,k r; 4 Jul 26 St tl ♦` e Upon being seconded by Commissioner De Yurre, the resolution was passed khd adopted by the following votes y� o A' 3t Commissioner Victor be Yurre k _ :. Comissioner .r.. L. I'luim6er, Jr, t Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins �z Mayor Xavier L. Suarez x:. 140E81 None. A$SENT s None. fi F: ' COMMENTS MADE DURING ROLL CALL: x Vice Mayor Dawkins: No. Yes, yes. ..-----------r.--------r.r—..------.r--,------r...n.-------...r---r—�rwxb......wii. f-is kt 4. BRIEF DrscusSION CONCERNING (a) LENGTH OF AGENDAS; AND (b) METHOD FOR ' ROLL CALL. ��..-------------------------------- ------_- __--------------_..---.......�_ Commissioner Plummer: Just for the record, Mr. Mayor. Just for the record, I want to admonish the administration of breaking the Commissioner policy of having 99 items on an agenda. OK? I'm just putting it on the record.�< Vice Mayor Dawkins: And the next time there's 99, I'm going to vote to abolish the damn meeting. Commissioner Plummers I'm sorry, 93. I stand corrected. Vice Mayor Dawkins: All right, the next time you put over 60 minutes in, I'm 4 going to move that we do not have a Commission meeting, because we keep telling you over and over, not to put 60 items on the agenda. Mr. Odio: I need a clarification. Vice Mayor Dawkins: Your clarification is 60 items. Mr. Odio: Well, I have 60 items. " Vice Mayor Dawkins: You do not have sixty. ri Commissioner Plummer: Plus thirty-three zoning. Mr. Odio: But, see, that's a separate meeting. That's a separate meeting and that's why I didn't count those. Really, I'm serious. - Vice Mayor Dawkins: What is a separate meeting? Mayor Suarez: We really did envision in one day, having no more than 60 _ items. Not in one technical meeting, Mr. Manager. }- Mr. Odio: Fine, so... Mayor Suarez: And, Commissioners, just be advised that, of course, any :time that we limit the number of items, we may just have to have more meetings. a Vice Mayor Dawkins: No, we just have to stop B-Sing up here and at , philosophizing and pass the items, that's what we have to do. �k Mayor Suarez: That reminds me. That reminds me, I have a..._& Commissioner g.lummers He who lives in a glass house... ra< �r . Vice Mayor Dawkins: That's right, we should stop philosophizing aatl.yat r r Mayor Suarez: I've got a present I'vo got to stake to the Vice Mayor S •ijt?ti� later on this morning on than issue. You're going to onjoy it. f rx, ' l .�xM'WM nriP..f Nt�`Ophy.yifr,{,{ f �57� r f t' " Coffimisliofter De Yurres took; you know, all we've got to do is that we have to { instruct the City Clerk to time each one of us as ve speak throughout the $anti Commissioner Plummert You know, all. kidding aside, I aakedi just f6r que �►t ion... Mayor Suarest Commissioner Plummer. t Commissioner Plummer: Mr. City Attorney, I asked you before, wasn't it a way possible that we could do like the County and just, instead of every item having a roll call vote, to just take a unanimous vote and do it? Now, ZOM •} 3 Fy•:` telling you, they zip through items in the County like this. F" Vice Mayor Dawkins: But they don't have J.L. Plummer philosophizing. Mr. Fernandez: Not the wayour charter presently reads. We would need to s change that. Commissioner Plummer: Then, let's change it. I mean... Mayor Suarez: Yes, we did try it, Commissioner, precisely with the consent agenda, to try to take collectively many items and we have improved. The problem is that we did envision only 60 items per meeting, not Planning and Zoning on top of that. Commissioner Plummer: OK, all I'm saying is, if we can find a way... Vice Mayor Dawkins: Yes, but this is the Planning and... hold it, hold it, hold it. This is a Planning and Zoning Meeting... Mayor Suarez: That's right. Vice Mayor Dawkins: So, there shouldn't be anything on it but planning and zoning. Mayor Suarez: I would suggest that when we have a planning and zoning afternoon meeting, for the morning session where we have regular items, it would be no more than, let's say, 30 Commissioners, or whatever you suggest, but certainly not 60 plus a consent agenda consisting of 12 and then, you know, a whole planning and zoning. Do you want to restrict it... Vice Mayor Dawkins: OK, let me tell you something else, Mr. Mayor. Mayor Suarez: Yes. '>;YS t' Vice Mayor Dawkins: If anything on the consent agenda dealing with an abundance of money, I'm not going to hear it.. Mayor Suarez: Yes, consent agenda items, by definition, should be small amounts of money. They should not be large allocations because we should consider those separately, please. Vice Mayor Dawkins: That's right, and so we could - so the public could speak on them or we could speak and somebody could be heard on them. Commissioner Plummer: Well, our only consolation today is that a great.number of the zoning items are in-house. That's our only consolation today because I guarantee you, you've got to dedicate at least 30 minutes per zoning item under normal circumstances. l: Vice Mayor Dawkins: That's a minimum. Commissioner Plummer: You're talking about fifteen and a half hours there alone on just zoning. And it's unfair, Mr. Manager, not only to us, but to the people who, at 9:00 o'clock, are screaming and hollering that they didn't get heard and they been sitting here all day and I'm just saying, I think, for everybody concerned, we've got to come to a reality that says welvon got to find ways to streamline. A' Vice Mayor Dawkinss And zoning meetings start at 9s00 o'clock, and tbsy t�;►d> at 9:00 o'clock and the regular Commission meetings start on the 2nd Tburx4sy at 9sOQ o'clock and and at 9:00 o'clock. That's the only way... 4 July 26t �7j, f� r err, �3 y Mayor Suarers test those are all Commission policies. Let Me add that I want to eomand and compliment, not only the Comissioners, sinee you mentioned the Csunty plumb r, they do have some practiced that get them through the agenda e u little quicker, but they don't even get started for two hours after the t scheduled time and, in our Casa, we get started exactly on time even`if 61ew : i'. ceremonial items take up a few Minutes. Cowhinsioner Plum art OK. i Ems. Y S. DISCUSSION CONCERNING REPLACEMENT OF TREES ON S.W. 8 STREET BY XIVANIS _'- CLUB OF LITTLE HAVANA (See Label 29). --�.-rrr_rr.__.rrrr.bi r.rr—r—_i__---------- — —.Wr__—r,.rrr--rr.—_r_iwrLra.cir�ii.w1.WY Mayor Suarez: Now, we do have a couple of other emergencies, emergency itetesl. I think there's something about some olive trees that are being removed in ' favor of royal palms by the Little Havana Kiwanis. They certainly don't want ' to do anything that we didn't want them to do or intend to do. Is there anything, Mr. Manager? Can this matter not be resolved administratively? Why do we have a battle between... Commissioner Plummer: Isn't this on the agenda for later? Mayor Suarez: Is it on the agenda for later? Commissioner Alonso: No, it's not on the agenda, it's a pocket item. Dr. Luis Prieto: It's supposed to be a pocket item, I believe. Mayor Suarez: OK, an emergency item. Thank you, Dr. Prieto. Commissioner Alonso, are you aware of what the problem is and do we have a solution to it or instructions to the Manager... or anybody? Or are you just concerned about it? - Commissioner Alonso: Well, I have questions more than anything else. Mayor Suarez: Right. Commissioner Alonso: I think that why is it that item comes to us after the fact? I'd like to know why didn't we save the trees? I'd like to know why couldn't we just ask another neighborhood to take it? I am very well aware that people in Shenandoah area, right there, where these trees were cut, would have loved to have some. And I drove by and I looked at the size of the trunk} and I really amazed to see that the City of Miami that constantly demand from owners and developers, to save trees. How could go and cut trees the way they did without coming to us? And I'm very surprised to see that you come to us = after the fact and I'm really out of words. I was very... I drove last night - and I walked through everyone of them that was cut. Some of them are this size. It's incredible. It's really incredible that the City will do -a something like this. Mayor Suarez: Why do we get presented to us - and we're happy to have Little Havana Kiwanis helping with this - a beautiful plan to put palm trees on S.W. - 8th Street. Nobody says, by the way, we're removing other trees to put the palm trees there, so that we know there's some sort of a trade off here. An the Commissioner is saying, we might have decided that those trees, if they're going to be removed, should be going to Shenandoah, the Roads, some other,area that is desperate to get more foliage and more... Mr. Odio: Well, I understand the trees cannot be replanted, the black olive. Mayor Suarez: They cannot be replanted. Commissioner Alonso: Why not? a Mr. Odios They cannot be re... r. Commissioner Alonso: Why not? 5 +t'1W - ' .duly 24, z Jil u + 5k Mt. Odiot I'm not a tree.,. t ,.. Mr. Prieto: Let me explain, We ascertained that the cost of reatoving the trees and saving the trees, runs between $200 and $8000 depending location and , is as tarsite of tree, The tree bulb, root bulb e as its canopy tud it g py s . 3 means tearing up a large site of the sidewalk. The way we're planning to.do ground and then an auger machine gobs itk this is Cut the tree flush on the � . t f with a three foot diameter to place the bulb of the royal palm. If anybody oa Wants to remove the trees under their own cost and liability, we're very happy pP3► to offer these trees. But nobody has stepped forward. This program has been in place since 1087. IV Mr. adios The Kiwanis are... Commissioner Alonsot Dr. Prieto, I recall, when the trees were going to be installed the first time, the merchants in the area had complaints. The neighbors in the area had some doubts. We all expressed our concerns at thatr particular time. No one paid attention to any of us at that particular time. Now, the trees are in place, it was very expensive to plant the trees at that time. I recall quite well and now we are saying we have to remove them because we want palm trees. Let me ask you a question, do you know how wide space do you need in order to have a palm tree? Because I don't think that you have enough space if you don't cut the sidewalk at this particular time. As I said, I walked through 8th Street and I really checked each one of the ones that were cut. I don't think that you have enough space. Could you explain to me how it's going to be done without cutting the sidewalk? Mr. Prieto: Yes, the palms need a three foot diameter bulb underneath. It's done with an auger machine that we use to put in posts and other trees that we plant all the time. It goes about between three and four feet in depth, depending on the particular tree and we do have the space now that is being occupied by the olive trees. Basically, the palm trees... Commissioner Alonso: What are you going to do with the bricks that are around the where you cut the trees? Mr. Prieto: No, we have enough space now where the present trees are located without tearing... Commissioner Alonso: Did you go there yourself? Mr. Prieto: Yes, I was there yesterday morning. Commissioner Alonso: You did? Can we go together during lunchtime? Mr. Prieto: Yes, I'd like to do that, yes. Commissioner Alonso: Because I don't see the space. Mr. Odio: The other thing, Commissioner... Mr. Prieto: We'll go together then. Mr. Odio: ...the Kiwanis, I understand, made an offer that for every black olive they remove, they were willing to replace them with another tree in the neighborhood, if they so wanted. Mayor Suarez: Including a black olive, if that's what they... Mr. Odio: Sure. The thing is that this program is not new. We started doing this back in 1986-87. This is not new. Commissioner Alonso: What about the palm trees that are dead now? Mr. Odio: They are going to remove them and replace them. ' Commissioner Alonzo: They will replace them... Mr. Odio: The Kiwanis will. Street palm trees. �H What in fact they are doing is adopting $tb • h *5i Sr sz i July 26 i 1� _ 0 Mr, 11ony Goitia: Commissioner, my Maine is Tony Goitia, I'm a director of the Kiwanis of Little Havana. And through the years, we've had Carnival Miami AM Calls Ocho and the City has been gracious enough to grant us so mAny *divOks and so forth and we felt that we had to, you know, our motto of Kiwanis says, give back and we do give back. So, give back to the City of Miami, you 69h give back in so many ways and we felt beautification was one of their. The royal palm tree is one of the palm trees of our logo and we said, you know, " we'll give out royal palm trees. In order for us to go ahead and put.a. royal palm tree, we have to put something out and this was approved or, you know,' It's been way back, two years ago. It's 300 palm trees that we're going _,to put between 27th and 4th Street, which is the area - the avenues that are impacted by our Calla Ocho. And that's really the bottom line, you know. We do not want to cause a problem with the residents. We do not want to cause a problems with the people, they merchants around. We just were concerned about the beautification of Calla Ocho and it's an area that we impact. We know it, we've been impacting it for 13 years and we, you know, with your help, we're going to keep impacting it for years to come. k` Commissioner Alonso: May I ask a question? You say it has been approved Y before? Why is it in front of us now? Mr. Odio: I don't know. I didn't bring it up today. Mr. Goitia: Let... the reason... Mr. Odio: I understand that there were some merchants that... Mayor Suarez: You also didn't tell us at the time that we were removing trees to plant the palm trees. Because I remember voting on this and it was a grant of trees to beautify S.W. 8th Street. It was a great idea, everybody loved it and nobody knew that there was any trees being removed. Mr. Goitia: Right, we... Mayor Suarez: Now, we find out that the trees being removed. Mr. Goitia: We went ahead and when we made the offer to the City... Commissioner De Yurre: Hold it, let me ask a question. Who brought it up? Which Commissioner brought this up? Anybody brought it up? Mr. Goitia: Right, well... Commissioner De Yurre: Hold it, hold it, the administration brought it up. Mayor Suarez: I mean, I... Commissioner Alonso: Let's be serious about... Commissioner Plummer: I didn't even know about it until I opened the Herald this morning. Commissioner Alonso: Let's be serious about this. I guess everyone sitting here in this Commission must have known one way or the other because our offices were informed and we were told, Mr. Manager, that you were going to bring a pocket item to explain this to us. Who made then the phone calls to our offices? Mr. Wally Lee: Commissioner, let me explain, OK? Commissioner Alonso: Mine was. ' Commissioner Plummer: Mine wasn't. Mr. Lees Last week... Commissioner Alonsos They think that because I live in Little Hav#na, then they had to call because they certainly called my office. t Mr. Lee: Last, week I Sot a call from the Kiwanis Club requesting that they be allowed to plant royal palm trees in a certain tima frame which mea<at stpost immediately, because that's the only time the equipment and the trees Would b* f 9 July 20 available. I looked through the records of the City, 1 did not f iiftd A resolution authorizing thin, oven though they said back In V they had planted a couple of hundred palm trees. I did find literature Where theta *as all inauguration and so on and go forth. rz Mayor Suarez: Are you saying that there is no resolution? Mr. Lest Mayor, I have not found it in the City Clark'* office, I have not found it in Public Works, So, even though we had all these letters and the event, you know, several years ago, I told them, well, we have to do it right. 1 mean, by a resolution and bring it to the Commission. They said, Wally, we have no time because we have a certain window where we have to plant them. Well, I said, if you poll the Commissioners and get a favorable Indicationt my suggestion will be the recommendation is that we prepare a pocket item) provided one of the Commissioners will bring it forth and then we're legal, Mayor Suarez: Well, we're going to have to... I think that logical may to handle this, if this in agreeable, Commissioner, is no more planting until we've had time to consider what exactly is taking place, what is being removed and a full recommendation from the Public Works Department. Mr. Goitia: Mr. Mayor, if I could... Mayor Suarez: There is a permit - I do want to say that they did have* certainly have a permit that was issued at the time. I don't know why, legally, Mr. City Attorney, there would have been no resolution. We just can't seem to find it, but whatever way, we should do it correctly. It should be a scheduled item and in the meantime, I can't Imagine authorizing any more removals of any trees until we've figured all of this out. Mr. Pedro Gonzalez: If I may say something. My name is... Mayor Suarez: Wait, wait, wait. The item can go on forever and ever. I mean, Mr. Manager, what is the recommendation on this? We're not going to have... Mr. Odio: We don't touch another tree until this is decided. That's what we should do. Mr. Gonzalez: Could I say a word, please? Mayor Suarez: Well, I can't imagine you would disagree with that. Commissioner De Yurret Well, Mr. Mayor, let him speak because there in a time frame... Commissioner Alonso: I think they have a problem of... Mr. Gonzalez; No, because there is a financial matter here that I need to clarify. Mayor Suarez: Oh. You got... Mr. Gonzalez: My name is Pedro Gonzalez. I'm also a director of the Kiwanin. We have made a financial commitment here with Manny Diaz farms and if these palms are not planted by Sunday, we stand to loose $20,000 and we can't 4o that. We've been with this project now since 187. We have a commitment to plant 500 palms in 8th Street. We never encountered any problems. All of a sudden we find that... Mayor Suarez: Well, let me just table the item. Have the palm trees been removed from the farm over there, Manuel Diaz Farms? If they haven't been, you could get this resolved. Why don't you table the item and you guys work that out with Manuel Diaz. If not, we'll help you too. Mr. Gonzalez: Well, it's not a question of working it out, it's a question.., and the terms were, if they're not planted by Sunday, we lose 020,0000 Mayor. Commissioner Plummer: How much is the total project? Mr. Gonzalez: 4150,000. .0 10 July 14 -------------- t VI A �F fiyr T ti Mayor Suarez% I am sure Manuel Diaz will agree to wait until wa have e st Mr. Gonzalese Sir, I... with all due respect, Mr. Mayor, the e6ftttatt._Y glib slghsd the contratt, we can't say that we talked to you on... _y Mayor Suareet You don't want us to try to work it out for you? you�t rt - � putting us on the spot because no one ever... { Mr. 00n2alez: No, sir, no, no, no, I'm sorry... Mayor Suarez: Yes, yes, you are. No one ever told us... Mr. Gonzalez: No, I think we're being put on the spot, Mr. Mayor. I'nk 66rry a and I'd hate to disagree with you. We've been doing this for two years now. S Commissioner Plummer: Let me offer a suggestion... Commissioner Alonso: But you haven't cut trees before. Commissioner Plummer: Mr. Manager... Mayor Suarez: I don't know of a single tree that had ever been removed until I found out about it this morning. Commissioner Plummer: No, no, no, that's not true, Mr. Mayor. f` Mr. Gonzalez: It's not true, sir. - Commissioner Plummer: There was a lot of trees removed downtown. Mr. Gonzalez: We went through the same process the last time. Mayor Suarez: For royal palm trees? Commissioner Plummer: May I suggest that we have the Manager call Mr. Mannyz Diaz... Mayor Suarez: Please, that's... Commissioner Plummer: ...and ask him understanding the problem, if he will y3, grant the time until our meeting in September. Mr. Diaz does... Mr. Gonzalez: We don't have a problem with that. Our only concern is that we... Commissioner Plummer: Mr. Diaz does business in the City of Miami and I'm sure Mr. Diaz would like to continue to do business in the City of Miami. '? Vice Mayor Dawkins: I am with you guys, but I don't like for you to tell me there's nothing to do. Commissioner Alonso already told you, put the trees some place else. So you can't lose $20,000. You would lose $20,000 if you"' did not want to put the trees where Commissioner Alonso suggested. So, let's a work this out so that we all can continue to work harmoniously together. Mr. Gonzalez: We agree with you a hundred percent and we've worked, harmoniously together with the City for 15 years, so.., Vice Mayor Dawkins: And we're going to continue to do that. _12. Mr. Gonzalez: ...and, you know, if we can work it out through the City with Mayor Suarez: We are tabling the item pending the Manager tailing Manuel:Di.ag' and working this out with you, hopefully. It'll just be a final report, Mr. Gonzalers Thank you, that's accepted. Mayor Suareza And thank you for your interest. I mean, don't Bolt Up Wroasl we just didn't Know there were trees being moved, I didn't know abut Mr. Goasslets We just want to snake sure that our momeyAs safo,.i. Tbak,you, y � f I July.+ �1 6�• Y C6mlhaioner Do Yurkes Mt. Ma or I think that we heed to have a report this! y r aft6tho6ft to snake sure that things have been worked out. If not, we're gbing � to have to deal With it somehow. go, when we come back in the afternodh at 2s30, give us a report as to where we stand on this issue in case we need to M� do something about it. Commissioner Alonso: One final question for the record. You say, last t1m6 you also cut trees? Mr. Odio: ices... ,its Commisci6ner Alonso: How marry and where were they cut? Because we, 'the people that live in the area, never knew that you did that. So is that a, system that the City is taking as a policy that we ask the property owners never to touch a tree. We tell the developers and make their lives very_'` miserable, don't you ever cut a tree. But then us, as a`City, do as we please? Mr. Prieto: We're replacing the trees, one to one basis. We replace an olive tree with a palm tree. Commissioner Alonso: I appreciate that you talk to me about this. Mr. Lee: Commissioner... Mayor Suarez: Commissioner Alonso... ji Mr. Lee: ...123 trees were removed the last time according to a permit issued August 28. Commissioner Alonso: How many? Mr. Lee: A hundred and twenty-three black olive trees. Commissioner Alonso: Were cut last time? Mr. Lee: Permission was granted to replace approximately 123 black olive trees with approximately 200 royal palm trees. This permit was issued on August 28th, 1986. Commissioner Alonso: But I don't believe they did that. Commissioner Plummer: Believe it. Commissioner Alonso: Believe me, I followed that truck in Sth Street last r' `=g time and I remember exactly when they planted 8th Street between 22nd and 24th. I was standing next to them. There was no removal of that. So I certainly would like to talk about this. Thank you. Mr. John Westbrook: Commissioner Alonso, could I have just 30 seconds. I know, Mr. Mayor... Mayor Suarez: The interested party in the area, John, go ahead, quickly, please. • F Mr. Westbrook: OK, thank you. I wanted to say... �r Mayor Suarez: We're taking care of your concerns, I think. Ultimately, we zr will anyhow. Mr. Westbrook: OK, my name is John Westbrook. I'm the vice president of the Shenandoah West Little Havana Homeowners Association. I wanted to clarity` what our position is. We have absolutely no objections to royal palms being planted in Little Havana. Our problem stems mostly from the implemsntation`of` , the first phase of this program and what we believe to be unnecessary cutting; of existing trees to put in more trees. In the first phase of this prograA4 my understanding is, some 200 royal palms were planted. This is loss than too t' years ago and at this point, my understanding is also that loan th&4,1001.of _; those remain. pit, either due to accidents or due to lack of malnt,sagnos, r _, There is absolutely no maintenance plan to put these palms in. koysl 94104 need maintenance, they are not as hearty as black olives and, you know, We , l2 July to 4,R1 Y yj Y tw eoneerned that and we'd love to lees royal palms on Sth Street but we d6t►'t '= 4; writ to see Sth Street with no trees on it in fide years. y y� NOTg FOR THE RECORD At this point, humorous presentations sere made by Mayor Suarez to members of; ., the Commission. Mayor Suarers I would ask the Commissioners at this point, on the 4erem6ftial itttoa , to please rise for these two presentations that I have. And these have to do, of course, with the fact that we are trying to get through the agendaa J� little quicker than we have in the past and I have two presentations to make. The first one is to the Vice Mayor. This will always be presented to the Vice Mayor and handed down from Vice Mayor to Vice Mayor and I call it the "anti- J.L. Plummer filibuster closure bell" - thank you, Mr. Vice Mayor. When we a gets out of hand, you just - (DING) - do one of those. And so I hereby - make sure you get a picture of all of this. Would the Commissioner join me in 1 giving this to the Vice Mayor. Commissioner Plummer: If you think I'll get in that picture, you're crazier than hell. You ain't ringing my bell. The Vice Mayor has problems cheering gums and walking at the same time. I don't know how he's going to ring a bell. Mayor Suarez: And the second one equally interesting. This is for those occasions when Vice Mayor Dawkins gets out of hand, this is - I call it, the "anti -harassment by Vice Mayor Dawkins... Commissioner De Yurre: But where does it god Mayor Suarez: ...baton," that I am going to present at this point to Commissioner Plummer to be passed on to anyone who is willing to use it at the appropriate time to bong him on the head. Or as we say in my neighborhood, to bop him up side the head. Commissioner Plummer: Go ahead, guy, ring your bell. Thank you, sir, I'll aj cherish that as long as I live. Vice Mayor Dawkins: That won't be long. �s 6. (A) REPORT BY VICE MAYOR DAWKINS ON HIS VISIT TO A METROPOLITAN DADE COUNTY COMMISSION MEETING CONCERNING TAX INCREMENT DISTRICT. (B) DIRECT ADMINISTRATION TO PROVIDE DETAILED LIST OF ALL MATTERS ON WHICH THE COUNTY PRESENTLY NEEDS THE CITY'S COOPERATION. --------------- -------------------.----....._-........... Mayor Suarez: Now, I know that we're going to get through this agenda very quickly today. Vice Mayor Dawkins: Mr. Mayor, while we're doing this, I'd like to report an my visit with the County .Commissioners. I went to the County Commissioners, the Mayor brought our item up as an emergency item and the Commission was attuned to passing what we needed in order to keep us from losing more money and the illustrious Honorable Joe Gersten again stopped everything and he stopped it in a way that was very insulting because Harvey Ruvin and Sherman Winn were willing to vote for the item and Joe Carollo - I mean... (LAUGHTER" " AND BELL RINGING) ...and Joe Gersten invoked the rule. Now, how he could '., invoke the rule on something that he'd had in his hands since February, I 4: don't know. But I do... so Joe told me that he talked with the Mayor and the r Mayor agreed that they could bring this up in September. I don't know what that is, but I'm going back to the Mayor and see if we can't get this put oil at a special meeting and we can get this done. Mr. Manager, how much money are we losing by not being able to make the payments on time, sir? Mr. Odio: I'll have to check that, Commissioner. I don't want to give yoga,,, Vice Mayor Dawkins; OK. And Mr.... 5 L, d{ 31 13 July 204 Lw. El Mr, 6dio: Four hundred and ninety thousand dollars. ri Vice Mayor Dawkins So we're losing a half a million dollars becdune x Commissioner Joe Garsten has an item in his committee which Miller Dawkins say � 4c halo holding hostage and I don't know why, since February. So, I will go back to the Mayor and see if we can't get a speedy hearing on this and get this resolved so that we will not lose this money. I would like to go on record directing the City Manager to have his staff provide me with a listing of all of the things that the County need our cooperation on. And provide each Commissioner on this Commission with that list so that when this time come for cooperation, we'll be able to let the County know that this was a two-way street and this is not a one-way street where you can use us when you want to }. and we can't use you. Thank you, Mr. Mayor. Mayor Suarers OK, Mr. Vice Mayor, it really is a shame that that tax increment district has lagged and languished in that committee for so long and I guess the offer to do it in early September, was Just the earliest that he was willing to do. I wasn't sure you'd be coming to the Commission meeting and I was trying to get it out of committee, the finance committee is the one that's been holding on to it and we should take every step, each one of us talk to respective Commissioners on the County and through the staff as Indicated by this motion, Vice Mayor, to make sure that it comes out and gets approved by the County Commission. I think they have an extraordinary procedure where they can bypass committee if they have to, but certainly to be resolved no later than the very next meeting of the County Commission. 7. CONSENT AGENDA. j�. Mayor Suarers OK, I guess we can proceed with the regular agenda. We have a consent agenda, don't we? Mr. Odio: Mr. Mayor, I'd like to... Mayor Suarez: Yes. Mr. Odio: ...withdraw, I withdrew it yesterday, item CA-11. Mayor Suarez: CA-5 and 11 both are withdrawn according to your memo. Is that correct, Mr. Manager? Mr, Odio: Right. Five and eleven.% Mayor Suarez: As well as 4, 44, and 48 of the regular agenda and with those items taken out of the consent agenda, we will take a... we will entertain a motion and take all of these items collectively. Does anyone wish to be heard on items CA-1 through 12 with the exception of 5 or 11 which have been withdrawn? Mr. Jorge Fernandez: Yes, Mr. Mayor, I... Mayor Suarez: Let the record reflect no one stepped forward except for the City Attorney. Yes, sir. Mr. Fernandez: I recommend that you take number two out of the consent agenda because I need to explain to you a minor modification that has occurred. Mayor Suarez: With clarifications pending for CA-2... Commissioner Plummer: Four and 48 have been removed? Mayor Suarez: those items. Then we have CA-1 through 12 and I'll entertain a motion on Commissioner Alonso: I have a question. Mayor Suarez: Which one, Commissioner? 14 .k July 26, l rx n Bed t it Y Ce iesinnar Alonnso: It's just a clarification on the dates that have beet set fotpublic hearings. if we do change the dates of our sneetiftgs} hoer ie it going to affect our vote in reference to the consent agenda? hecauee we are Betting public hearings. _- Mr. Ferhandezt What item is thatr Commissioner! h Commissioner Alonso: Item nine$ public hearing, September 13th. 16r exaraplei FJ� • . ,,� Mayor Suarez: Does that item t b Commissioner Alonso: ...it will be affected if we change the... ��}= Mayor Suarez: Does that item need to be changed in case we change the Commission meeting that we're trying to set for the first meeting in a September? Commissioner Plummer: Well, if you change your meeting, you got to readvertise. ,F Mr. Odio: OK, well it says September of 1990 so the day is not set here. Mayor Suarez: Commissioner was reading September 13th. Mr. Fernandez: The assumption is that it will be the first meeting held in September, whenever it's held. t Mayor Suarez: OK, so we... Commissioner Alonso: So it does not change anything. Mr. Fernandez: No. Commissioner Alonso: OK. Mr. Odio: So if you say that... Commissioner Alonso: Fine. Mayor Suarez: All right, thank you for the clarification. As to the other = items then, CA-1 through 13 with those exceptions. Commissioner Plummer: Can I ask on 10? How much money on ten? p - Mr. Odio: It's... �a Commissioner Alonso: Two hundred and forty some... Commissioner Plummer: How much? Vice Mayor Dawkins: On what? Commissioner Plummer: On ten. Mayor Suarez: CA-10. - Vice Mayor Dawkins: You pulling it for discussion or... Commissioner Plummer: I'm just asking a question. How much money is involved, in that? Vice Mayor Dawkins: Six million dollars. Mr. Odio: Six million dollars. Commissioner Plummer: OK. That's all I had. Mayor Suarez: OK. Vice Mayor Dawkins: k ; � Items CA-1 through... K, I'm surprised that that's all you want to know... e Y p,. Y�k r pt 4j'�n� UIy f'u - __ Mayor guafett i.tweivsj with the exceptions of CA-5 and 11. I'll entertaif a motion on those. Mr. Its"andezt Let me clarify item number two before you pass on it, Mr. = � Mayor. On item number two we under,.. this is an item that awatft multi:� contracts. These are photocopying machines. On one of them, there wsk# a bid protest. We're pulling that one out until September so that You can address the bid protest. r- Mayor Suarez- OX. Ve'll resolve the bid protest on that. Mr. Fernandezt And then, we're awarding everything else which is otherwise not protested, today. �g-= Mayor Suarez: All right. As to item CA-1 through 12 with the exceptions noted, I'll entertain a motion. Commissioner Plutmmert So move. F Mayor Suarez- Moved. Somebody please second. Seconded. Thank you. Call r the roil. Vice Mayor Dawkins: Under discussion... Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins- I'm voting yes on everything. I have a problem with ten, but since everybody else is going to vote for it, I'm going to vote for it. But I do have a problem. Go ahead. Commissioner Plummer: Well, let's go into it further. Vice Mayor Dawkins: Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DE YURRE, THE CONSENT AGENDA, WITH THE ABOVE CITED EXCEPTIONS, WAS APPROVED 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 NOESt None. ABSENT: None, Mayor Suarez: OK, item two of the regular agenda. Commissioner Plummer: Did you say 4 and 48 were withdrawn? Mayor Suarez: The ones announced that have been withdrawn are 4, 44, and 48. Four, 44, and 48. 1, psi+^+-t'�"f'� •� 11 7.1 ACCEPT PROPOSAL: FLORIDA INTERNATIONAL SYSTEMS, INC. - FOR FMISHINO A MORTGAGE SERVICING SYSTEM TO DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. RESOLUTION NO. 90-565 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL FROM FLORIDA INTERNATIONAL SYSTEMS, INC., FOR THE FURNISHING OF A MORTGAGE SERVICING SYSTEM TO THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION AT A TOTAL AMOUNT NOT TO EXCEED $23,634.00 USING FUNDS THEREFOR ALLOCATED FROM THE 1989-90 DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION, COMMUNITY DEVELOPMENT GRANT ACCOUNT NO. 455015-840-799201 ($22,000.00) AND ACCOUNT NO. 455016-840�799203 ($1,634.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body, of resolution, omitted here and on file in the Office of the City Clerk.) 7.2 ACCEPT BID: SAVIN FLORIDA, INC. - FOR FURNISHING COPIERS AND ACCESSORY EQUIPMENT - FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GRAPHIC REPRODUCTION DIVISION. RESOLUTION NO. 90-566 A RESOLUTION ACCEPTING THE BID OF SAVIN FLORIDA, INC., FOR FURNISHING COPIERS, TYPE A, B, AND C CATEGORIES, AND ACCESSORY EQUIPMENT ON A CONTRACT BASIS FOR THREE (3) YEARS, RENEWABLE ANNUALLY, UPON THE SAME PRICES, TERMS AND CONDITIONS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/GRAPHIC REPRODUCTION DIVISION FOR USE BY ALL CITY DEPARTMENTS AT A TOTAL PROPOSED FIRST YEAR COST OF $258,348.83; ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT AND ALSO AUTHORIZING THE CITY MANAGER THEREAFTER TO RENEW THIS CONTRACT ANNUALLY IN ACCORDANCE WITH THE BID REQUIREMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7.3 ACCEPT BID: AERO TIRE CO. - FOR FURNISHING TIRE RECAPPING SERVICES TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. RESOLUTION NO. 90-567 A RESOLUTION ACCEPTING THE BID OF AFRO TIRE CO. FOR FURNISHING TIRE RECAPPING SERVICES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD AT A TOTAL ESTIMATED FIRST YEAR COST OF $74,091.69; ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET ACCOUNT CODE NO. 420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE YEAR PERIOD, AT THE SAME PRICE, TERMS AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Mere follows body of resolution, omitted bar* and on file in the Office of the City Clerk,) yF 7 , t� j , a 17 JOY 260 0 7.4 ACCEPT BIDSt (s) DOWNTOWN RADIATOR SERVICES, INC.: AND (b) CHARL 108 AUTO GLASS, INC. - FOR FURNISHING RADIATORS AND GLASS REPAIRS TO 429A DEPARTMENT, RESOLUTION NO. 90-568 A RESOLUTION ACCEPTING THE BIDS OF DOWNTOWN RADIATOR SERVICES, INC., AT A PROPOSED COST OF $13,500.00, AND CHARLIE'S AUTO GLASS, INC., AT A PROPOSED COST OF $90000.00 FOR FURNISHING RADIATORS AND GLASS REPAIRS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE YEAR PERIOD TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION AT A TOTAL PROPOSED FIRST YEAR COST OF $22,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-91 GENERAL FUND OPERATING BUDGET ACCOUNT CODE NO. 420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SERVICES AND TO EXTEND THIS CONTRACT FOR ONE (1) ADDITIONAL YEAR UNDER THE SAME TERMS, PRICES AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7.5 EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. ($25,000) - TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. RESOLUTION NO. 90--569 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDIVIDUAL CONTRACTUAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., (WCEDC), FOR THE AMOUNT OF $25,000, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS BEING ALLOCATED THEREFOR FROM THE SIXTEENTH (16TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7.6 EXECUTE AGREEMENT WITH NORA SWAN - FOR PROFESSIONAL SERVICES RELATED TO PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF FILM, TELEVISION AND RECORDING INDUSTRIES IN THE CITY. RESOLUTION NO. 90-570 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH NORA SWAN, AN INDIVIDUAL, IN AN AMOUNT NOT TO EXCEED $20,000, FOR PROFESSIONAL SERVICES RELATED TO THE PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF FILM, TELEVISION AND RECORDING INDUSTRIES IN THE CITY OF MIAMI, FOR A ONE YEAR PERIOD COMMENCING SEPTEMBER 1, 1990, PLUS OUT OF POCKET EXPENSES BILLED AT COST NOT TO EXCEED AN AMOUNT OF $5,000; FURTHER AUTHORIZING COMPENSATION FOR SERVICES FROM MONIES ALLOCATED IN THE DEPARTMENT OF DEVELOPMENT'S .' 1989-90 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 t r I$ duly 26 ' e'�x . 5 y �M t i 7� 2 ;Y- 7.7 AUTHORIZE AGE WITH REGINALD A. BARKER, AICP - FOR PROMMNAL PLANNING SERVICES IN CONJUNCTION WITH COMPLETION OF APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT. RESOLUTION NO. 90-571 =' A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN y THE FORM ATTACHED, FOR PROFESSIONAL PLANKING SERVICES WITH REGINALD A. BARKER, AICP, IN CONJUNCTION WITH THE COMPLETION OF THE APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, FOR A 13 MONTH PERIOD FROM JULY 27, 1090, THROUGH AUGUST 27, 1991 FOR A TOTAL FEE OF $40,000 WITH FUNDS IN THAT AMOUNT BEING ALLOCATED FROM THE SOUTHEAST OVERTOWN/PARK WEST BOND FUND PROJECT NUMBER 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.) 7.8 DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD - AUTHORIZE PREPARATION OF A DRAFT R.F.P. FOR A U.D.P. FOR IMPROVEMENT, EXPANSION AND MANAGEMENT OF MIAMI MARINE STADIUM - SET PUBLIC HEARING. RESOLUTION NO. 90-572 A RESOLUTION, DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR THE FIRST REGULAR CITY COMMISSION MEETING IN SEPTEMBER, 1990 AT 11:00 A.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR THE IMPROVEMENT, EXPANSION AND MANAGEMENT OF MIAMI MARINE STADIUM ON CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7.9 AUTHORIZE SUBSTITUTION Or A RESSIM ACCOUNT SURETY BOND FOR CASH 0# DEPOSIT IN THE RESERVE ACCOUNT TO SECURE CITY'S OUTSTANDING OVICIA'L REVENUE REFUNDING BONDS (SERIES 1987) - APPROVE DELIVERY OF SUPPLEMENTAL TRUST INDENTURE, etc. RESOLUTION NO, 90-513 A RESOLUTION, WITH ATTACHMENTS, OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE SUBSTITUTION OF A RESERVE ACCOUNT SURETY BOND FOR CASH ON DEPOSIT IN THE RESERVE ACCOUNT SECURING THE CITY'S OUTSTANDING SPECIAL REVENUE REFUNDING BONDS, SERIES 1987, AND DIRECTING THE TRUSTEE FOR THE BONDS TO ACCEPT SUCH SURETY BOND; APPROVING THE FORM, EXECUTION AND DELIVERY OF A SUPPLEMENTAL TRUST INDENTURE; APPROVING THE FORM, EXECUTION AND DELIVERY OF A FINANCIAL GUARANTY AGREEMENT; DIRECTING THE APPLICATION OF THE CASH RELEASED AS A RESULT OF SUCH SUBSTITUTION; AUTHORIZING FURTHER OFFICIAL ACTIONS TO EFFECT SUCH SUBSTITUTION; AUTHORIZING THE APPOINTMENT AND PAYMENT OF SPECIAL COUNSEL TO THE CITY] PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7.10 ACCEPT PLAT: 602 COMPLEX. RESOLUTION NO. 90-574 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT ENTITLED "602 COMPLEX", 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; AND 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.) Mayor Suarez: Item 2, what do we need to hear? Mr. Jorge Fernandez: At this time, nothing, Mr. Mayor. Mayor Suarez: Thank you. Item three. Vice Mayor Dawkins: Why did we pull 48? Mr. Odio: Which one? Which? Mr. Fernandez: Forty-eight. Vice Mayor Dawkins: Why did we pull 48? Mr. Odio: Wait, I Leant to find out what 48 is. Commissioner Plummer: Something about discussion of collection garbage fees. a'. Mr. Odio: At their request. Vice Mayor Dawkins: They who? £' Mr. Odio: This lady - Kathleen Winchell. Commissioner Plummer: And forty-four... 20 July 26, Co�tissioner Piuer: yorty=four was pulled by the park? Mr.. Odios yoirty-four was also pulled by them. this ladyi Miss Winchell, and she withdrew it. Commmissioner Plummer: It's a discussion item. Commissioner De Yurre: Mr, Mayor. We placed 48 at the roquogt bf. _ y Mayor Suarez: Yes, Commissioner De Yurre. Commissioner De Yurres i was looking at - not to bring up the item again, but just to snake reference, to have some point of reference on what I'm talking about, number six, which is the Wynwood Community Economic Development Corp. that we give them $25,000 just a moment ago. Do we keep any records because I didn't see anything in the backup as to the performance level of these corporations. What have they done? Commissioner Plummer: What item, Victor? Commissioner De Yurre: It's six, consent agenda. Mayor Suarez: Generally on CDCs? Commissioner Plummer: Oh, oh. Commissioner De Yurre: I mean like, do we have, because I don't know if it's worthwhile they're doing the job, what are they doing, what have they done? ;. You know, because there may be some of these corporations that we give money to that they're not doing what they're expected to do and here we go, year after year, keep giving them money and money and things don't get accomplished. Mayor Suarez: Well, there is one process that takes place every year... Commissioner Plummer: There's to be an audit every year and a recommendation - from staff as to whether or not they're producing or not. And if it's on here for approval, I'm assuming that staff has done the audit and staff has evaluated and it's on the agenda that they recommend that means that they're F doing a good job. Nov, if that's not the case, then let's understand... Mr. Herb Bailey: That is the case, Commissioner. We concur. We have audited and we're constantly involved with the Wynwood Association and at this point. in time, we have no negative items to report in terms of their performance. . Commissioner De Yurre: What are the positives? Mr. Bailey: Well, the most positive thing is what is happening now is the major effort they are undertaking to get a free trade zone and some industrial activity over in the Overtown area and in the Wynwood section. I They're supported by everybody, the Wynwood board and the community and this administration. We're constantly involved with them to try to take that area of land and that area of town which has very little industrial use and turn it around. They... Commissioner De Yurres Well, I heard that that item was going to be coming sip today? -about the land that's being used for the free trade zone? Commissioner Plummers Yes. Mr. Bailey: There are some items on the agenda that involves that and I think when we got to that, then we can have a little more discussion on it. Commissioner Do Yurre: OK, but you're telling me that everybody's in favor of it. Is that what you just told me now, right? Mr. Bailey: We're in favor of the concept and the proceox that is taki j ti place. There always will be xome kind of observation in *f tjsp%ta, v �5rp which we can iron out. There are not anythingthat's of a large scale dit 21 July 4 k eb far as I'm concerned. we do need to have industrial activity in thiit neighborhood. Mayor 5uarest There's another overviews an oversight that takes place vhiah. # is by the granting agency, by HUD, and they have had concern in the past over certain CDCs. to fact, we've had to disallow or abolish from participation ih the City, eliminate from participation in the City at least one, maybe two CDCs. It's usually quite a bloody battle with the entities in questions but MUD has recommended at least one or two in the past that I'm aware of in the last year. �n Mr. Baileys We have taken action where action was needed to be taken in most ,- of our CDCs. Mayor Suarez: Maybe individual Commissioners and all of us an a whole that might want to look more carefully at the actual production, so to speak, of... Commissioner De Yurre: You know, you got to have an idea of what they're doing. Mayor Suarez: Of economic welfare, economic development by certain CDCs. Commissioner Plummer: Do it under Commission Awareness. Mr. Bailey: Well, you know, in defense of CDCs, and I guess I'm kind of the... Commissioner De Yurre: Who's in charge of that? OK. Mr. Bailey: ...an odd person to be doing it. Do you have any more questions? Commissioner Plummer: Sit down. Mr. Bailey: Because I don't want to prolong the Commission meeting. I'll sit down. Mayor Suarez: OK. Commissioner De Yurre: No, that's all right, thank you. 8. (A) DISCUSS AND SEND BACK TO ADMINISTRATION FOR FURTHER STUDY AND ANALYSIS PROPOSED CODE AMENDMENT ALLOWING FUEL TRUCKS TO DELIVER FUEL ON CITY -OWNED PROPERTY. (B) BRIEF DISCUSSION CONCERNING STATUS OF DINNER KEY BOATYARD. (FORMERLY MERRILL STEVENS). Mayor Suarez: Item three, amendment allowing fuel trucks to deliver fuels on City owned property it sounds like. Mr. Jorge Fernandez: Yes, the Commission asked us to be ready for today with - an ordinance and we delivered to you I believe yesterday, an ordinance that's ready to be considered today. Commissioner Plummer: Well, let me tell you, I'm not in favor of the ordinance as written. This is a non franchise kind of an ordinance. Are you one of the participants who might be involved, sir? Mr. Martin Tritt: Well, sir, I have the fuel facility at Watson Island, yes. Commissioner Plummer: OK, and there are other eom... let me ask you this. What do you pay the City per gallon? Mr. Tritt: I pay a guaranteed rent against 3 1/2 percent on the fuel and I percent of what I sell in the store. Commissioner Plummer: OK, Mr. Manager - hello? Mr. Manager, I will not sit. i. here and accept a meager 6 cents a gallon for the privileges that will bo granted to these companies to do business on City property. Now, As far ,ss i µ�T - w,5 22 July 261, ktfol n - 0 P _ i yin cots... no, I'll negotiate it tight here, but 'tin not going to stand still for 6 cents a gallon. They buy and sell a gallon of 998011ns over at the ' R boats by delivery at dodkttide, it is my understanding at approximately 9� Cents a gallon. Does anybody know that? In that eotrect, sir? yott �°' . re}tresent a cotdpany? ��' Mr. hob O'Neil: Dockside Pueling Service. 1 .= } Commissioner Plummers backside Fuel Service, all right. And is 90 cdnts� about what you sell it for both diesel and.... Mr. O'Neils Ninety-three cents for diesel right now. t Commissioner Plummers OK, and 90 for gas. `! h d Mr. O'Nei1s Well, this ordinance doesn't include gasoline �s Commissioner Plummers OK, so it's just diesel, 93 cents. And if they go over in competition with a company that we derive revenue from, which is over here. r.n They pay a buck and a half a gallon, OK? Now, your difference is 57 cents a gallon and they want to offer me six cents? -no way. Now, they can either offer me 15 cents or 10 percent of gross sales, that's fine. But I'm not going to stand for an insult of 6 cents a gallon. Commissioner De Yurre: If it goes beyond that, because here's an individual that has to pay overhead and a whole bunch of things and at the same time, they're going to be giving it a lot less expensive, they're going to run hits out of business. Commissioner Plummer: Victor, I understand what you're saying is the fact that there are the facilities. One of the problems that we're experiencing, and especially in this area, is the fact that Merrill -Stevens closed and that was one of the biggest suppliers of fuel in this area. And that's not going to be reopening because of the problems of the drainage that leaked from the tanks. Now, what I'm saying is, competition is good and it's healthy. All _ I'm saying to you is, if the City is going to allow this, I'm not going to take a token pence for what we give a right to do. So they can either give me 15 cents a gallon or 10 percent of gross sales. Then we'll try it for a year basis. ' - Commissioner De Yurre: OK, let's keep talking about this issue a little bit more. We're talking about how much money that we would stand to make - just looking at these six cents, you know, how much do we stand to make annually? Fr Commissioner Plummer: Roughly. rx sy { S Mr. Alfredo Rodriguez: It depends on whether the big ships take that service. i; It could be anyway from thirty thousand to a hundred thousand if the big ships take the service. Commissioner De Yurre: Well, like what they're doing right now? Mr. Rodriguez: We don't know what they're doing right now because they're doing it all over the City and it's totally uncontrolled. u ! Commissioner De Yurre: OK, and is it done legally or illegally? ' Mr. Rodriguez: I think I defer that to the City Attorney to answer. Commissioner De Yurre: Is that being done legally or illegally? Joel Maxwell, Esq.: Any use of mobile trucks at a City marina at this point, until this ordinance would pass, would be illegal. - Commissioner De Yurre: So, how long has that been going on? xg n� ;. Commissioner Plummer; Victor, other than City marinas, they are serviciag, OC'OK? That's where the key is earning in. So, what they're asking to in the , prohibition existing today, is that they can't do it at City owned tpaErtaeat, They're doing it all over town in other places, in private companies. � - ¢.. Commissioner De Yurres Including City owned marinas. s h i i. y� use N i' al t. i" Cotftissihner Plummort Oh, if they're doing it in City owned thdrinas t6diti w then shaft on them. 4 Cotftiasioner De Murree Which in illegal. That's right: And what' ate doing about it? *' Mr. Tritte Commissioner De Yurre, there's,.: N _ Commissioner Plummer: No're passing An ordinance to get revenue. r h thin iar ' J Commissioner De Yurrat Hold it, hold it... to, no, no. Seoause t e R: , you know, we passed laws or lags exist and there's no enforcement, Mr, Odio: No, no. We have been ticketing them for doing that. Y Commissioner De Yurre: You have ticketed them. F� Mr. Odio: Yes. Mr. Rodriguez: Yes.' 4 Vice Mayor Dawkinst And now that you've ticketed him, did he pay? Commissioner De Yurre: Have they paid? Mr. Rob O'Neil: Yes, we've paid. My name's Rob O'Neil, I represent Dockside Fueling Service. My address is 1710 South Bayshore and one of the reasons I ' am here because there was selective enforcement on this particular ordinance. Mr.-Odiot No, there was not selective, we were enforcing the law and they had to pay the tickets. Vice Mayor Dawkins: Well, it's obvious that whatever your fine Is, does not bother him because he continues to do it and pay the f ins. So there's V something wrong. Mr. O'Neilt No, that's incorrect. Vice Mayor Dawkins: Something wrong. 1k Mr. O'Neil: We've been ticketed one time. We paid our fine and since then, ,4 we have not delivered any fuel on any City owned property. That's the'oae reason we are here today. " s.= kfi lit"` Commissioner De Yurre: OK, is that a fact? Because they haven't gone`'back there again. Now, you were mentioning that we would have to have attendants at the different marinas... Mr. Rodriguez: Locations. Commissioner De Yurre: Don't shake your finger because that's what you told me twenty minutes ago. Mr. Rodriguez: Locations. Specific locations. }+ Commissioner De Yurre: Locations, wherever they're going to be dispensing. Mr. Rodriguez: And they will not be in the marina as it reads, dock area, it will be in a separate, isolated area within what could be termed a merini r` facility.,r Commissioner De Yurre: Now many attendants are we talking about? { Mr. Rodriguez: Simply one person to be there. We have discussed weekdays' from 7:00 a.m. to 3:00 p.m. i� Commissioner De Yurre: So there's going to be only on*... , Mr. Rodriguezt One person. P. �i `� 24 t � , s t.. d C600issi6ner D6 Yurre: ...spot where there's going to be dispensing the �. diesel. Mr. Rodriguez: Two spots. One here at Dinner Key. We are proposing the Coast Quard ramp that has a gate that can be closed so there will no other activities other than the fueling. _ Commissioner Plummer: Alfredo, you're kidding yourself. I have been on the City Manager now for six months about that area for parking with trailers only. You can't get near that damn place. Nov, they're not enforcing the lave over there in towing these cars that are constantly parking over there for the local biatro next door. And they're not respecting it. You know, and I don't know how you're saying you're going to operate that over there when you can't even get in. I know it's not your problem, it's a police matter. $uto you know, my office, and I'm sure the rest of the Commissioners, are. getting calls about people who ' p p go out in their boat, come back and can't get their boat out , ' of the water because they can't get their car down the ramp. Commissioner De Yurre: Is this going to create an environmental problem that we have to look into as far as the way it's going to be done? Commissioner Plummer: You know what I didn't understand? We've got to be the attendants who dispense the gas? Mr. Rodriguez: We don't anticipate that, no. Vice Mayor Dawkins: Well, what happens with a spill? If there is a spill, that's not an environmental problem? Mr. Rodriguez: It's happening today on... it's happening worse today where people are attempting to carry Jerry cans down the dock and pouring them in their boats. Commissioner De Yurre: Yes, but that doesn't mean that it's right. That doesn't mean that we don't have to look into it. Mayor Suarez: He's saying, we're trying to regulate it and derive some revenues from it and at the same time, allow competition. All of those purposes are worthy but it sounds like we haven't really, fully analyzed the competitiveness of this, the rates, as the Commissioner is implying, the environmental consequences. We haven't even really clearly established where exactly this is going to happen and how restricted it can be as to the delivery of the gas - of the diesel fuel. I don't know that we're ready to vote on this, Commissioners. It doesn't sound like it. Commissioner De Yurre: Well, I think we need to send it back to the: , administration for further study. That would be my motion. Mayor Suarez: So moved, and I'd ask the Commissioners who have a particular expertise on this and an interest, would look at the ordinance and give it your - this is sort of a little Commission awareness, ad hoc Commission awareness here - before it comes back, because, for myself, I would have to: defer it to staff. If staff recommends a particular ordinance and thinks that's the best we can do, I'd have to defer to it. But if other Commissioners are more aware of this and its implications, I wish you would' get more involved before it reaches us and make sure you brief each Commissioner, please. 4 Commissioner Plummer: Mr. Mayor, everything you've said is important, but for this one vote here, if you don't come back with 15 cents a gallon or 10 percent of gross sales, don't even bring it back for my amount of money, Mayor Suarez: OK, it's better than turning it down at this point, I guess, to have further staff consideration and bring back to the Commission, hopefully' by the first meeting in September. Commissioner De Yurre: Let me bring up another point that has to do with fuel over at Merrill -Stevens and Mr. City Attorney,.. Mr. Maxwell: Yes, sir, 25 July ' 24; i Commissioner De other day .. is turret is there - because fueling done I was just thinking about it the Merrill Stevens a x the service at grazdfathared t>- �` Mr. Odiot it's part of the that we... Commissioner be Yurret ...situation? i .. Mr. Odiot You mean, the boatyard was part... the RFp called for that, they.. would have the right to sell fuel there. y Cotmniddioner De Yurret OK, but is that would that be grandfathered intlag that service? Or its that allowed... �• F ' Mr. Odiot Oh, yes, yes, yes. Commissioner De Yurret it's grandfathered in and... it is or it isn't? ' Mr. Odiot Yes, well yes... Commissioner Plummert They don't have the right to do it. I'm telling you with the problems that are incurred over there today, they might elect not to do it based on the amount of money it is going to cost them to bring that thing back to a par that they could serve and get permission from DERM again to do it. You're talking some big bucks. Commissioner De Yurre: Because my concern is that if it's something that's grandfathered in, isn't there a time period that if you don't continue that activity, you lose the grandfathering7 Mr. Maxwell: No, sir, you're thinking about the provisions of the zoning ordinance that they were grandfathering... Commissioner De Yurre: Well, that's right. Mr. Maxwell: ...but this is not a zoning matter. So that wouldn't affect this at all. x Commissioner De Yurre: So zoning wise, they can do it. - t Mr. Maxwell: Well, zoning wise, to the extent that the SPI over here allows u that, they can do it. Commissioner De Yurret Well, then is it allowed under our zoning or not? Mr. Maxwell: I believe that it is. Refueling is allowed. In fact, there are,' refueling facilities there now. Commissioner De Yurre: So then there's no grandfathering to be concerned ry about? Mr. Odio: No, but it's a different operation because they have pumps and we get a percentage of what they sell. Commissioner De Yurret I know that, but I'm just talking about the action itself. ' Mr. Odiot This is a portable... Commissioner Ds Yurret No, I'm talking about Merrill -Stevens. Mr. Odiot That's what I mean, they have a fixed pump. 3 Commissioner Ae Yurre: Yes, OK, but I just,,, my concern was whether that woe a grandfathered in right that existed and whether that might be lost for`.i4iok q of use? k� Mr. Maxwells I believe,.. don't think that will be an issue at tbis' particular point, Commissioner Do Yurre: OK. u r# JU LY 2-6- i` 2 t or, WOE by the way, we.. a A Mr. <Makweiit B�tcuse me, Mr. Manager, here, as the Manager pointed wit a _ second before, we were talking about a different type use. n13 ` Comissioner De lturret I'm not talking about this, Mr. Ddiot Oka Commissioner De `turret OK. Mr, Odio: By the way, Commissioner Plummer, we toned 12 cars on Saturday z that ramp. ;. Commissioner Piummert That's about a fourth of what was there.° Mr. Odio: Well we towed twelve. tt 1- Mayor Suarazt OK, we have a motion to refer back to staff to further analyze and bring back to the Commission. Do we have a second on that? Commissioner Plummer: Fine. Mayor Suarez: Call the roll on that motion. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-575 r A MOTION REFERRING BACK TO THE CITY MANAGER FOR FURTHER STUDY A PROPOSED CITY CODE AMENDMENT TO ALLOW FUEL TRUCKS TO DELIVER FUEL ON CITY -OWNED PROPERTY. F Upon being seconded by Commissioner Plummer, the motion was passed and 4 adopted by the following voter AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso �{ Vice Mayor Miller J. Dawkins All Mayor Xavier L. Suarez NOES: None. ABSENT: None. � Commissioner Plummer: Mr. Manager, very quickly, bring us up-to-date on where the standing is with Merrill -Stevens at the time. Mr. Odio: In fact, I asked - we had a meeting on Monday morning, I believat:; ' and I asked the status of that. It's still in court, I believe. Well, the k; City Attorney can speak to that the fact that they contested whether we ware.,..` � in the right court. We won that and we're still in court. I have a serious' _ =ip problem. What they're doing is totally wrong. I mean, I know we have to go, through the legal process. In the meantime, this guy is operating that marina, he's getting revenues and we're getting zero dollars and Ilm going to do something else about it, { A Commissioner Plummer: Well, what's the City Attorney doing about it? ` Mr. Fernandez: We're actively prosecuting this case. We have filed the complaint to evict them as well as to recoup the monies that they owe the City a ° to date. They have engaged in legal maneuvers that are available to th�tmt, We're now in the Third DCA (District Court of Appeals).. They have oppeealed ` the most recent decision of the Circuit Court Judge that acknowledged than Vs ; filed the lawsuit in the proper court. Because they're challeugtng.tte,°� procedurally. They haven't even replied yet, really, to our substa complaints. They're just going at the procedure of it, An4iataby� } —. that's the legal. system. It provides for those steps and wo on . 4.so4i4 .tau, that we are proceeding with due haste 51t 4Frtn�"' 27 its 4� 9. (A) DISCUSS AND TEMPORARILY TABLE REQUEST FOR GRANT FOR THE BAXEROUS11 " ART COMPLEX (See label 51) (B) VICE MAYOR DAWKINS REQUESTS ADMINISTRATION TO PROVIDE HIM WITH -A LIST OF CITY EMPLOYEES WHO HAVE BEEN TERMINATED. }F x rWi�rr.'rrrrrrira:.rrrr—rrti_+r—rrw.rrrrwrrw�arr�rr_wrrr.r__�rr�e.rwr�wr.rrir�rrrrw.Y_r�+�rY�triW 4fy Mayor Suarers What is it, Commissioner Alonso, what is the issue with - Or if you'd like to handle it now, with the Bakehouse Art Complex and related... t Commissioner Alonso: Yes, I'd like to recognize at the same time that they are called on, Ross Powers and... so that they can explain to us the case. ty Mr. Jorge Fernandez: It's a pocket item. Mayor Suarers This is an emergency related to a grant application. Commissioner Alonso: I think they'd better explain to us in detail. Mr. Tim Richardst Thank you very much for the opportunity. We've got... Mayor Suarez: Give us the name and the agency you're... Mr. Richards: My name is Tim Richards. I'm the president of the Bakehouse , Art Complex. We're applying for a grant to the NSA (National Endowment for the Arts) for up to $10,000. This grant is due on August 10th and it's contingent upon three -to -one matching rant. We will need u to $10,000 from 6 P 6 6 P $ Dade County, up to $10,000 from the City of Miami, and we have already secured from the Knight Foundation a $10,000 commitment. As you know, the grant -may .} not be $10,000, but we would need a commitment from the City of Miami to match it up to $10,000. x Y h� Mayor Suarez: And this would be from CDBG grants, I would gather? Mr. Odio: We don't have any money in CDBG. It's all been allocated out, r _.x Mayor Suarez: See, the best we can do is hope that in the next funding cycle for community development block grant monies, we would find the $10,000 for the Bakehouse Art Complex and I think our total contribution has been over the years more than $100,000, maybe $200,000, maybe a quarter million. Mr. Odio: By the way, we got disqualified once on this project and it is A not - in fact, in a trip we made to Washington, we were clearly told that they do not qualify and we had to pay the money back, so I don't want to give them.... Mayor Suarez: For CDBG grants at all? Mr. Odio: They did not qualify at all. v Commissioner Plummer: They're kicking a lot of them back. Mayor Suarers Why is that? It seems like the right project and'the•Pight kind of neighborhood. Mr. frank Castanedat We were able to finally resolve the ieeud renovations on our favor, but their argument is that it does not sear 19V s i 5 1 a moderate income individuals and that's the problem that Volvo hab8 #avft�,,' r ts:.h 'f :., o-. A 1 r And in the IAA grant, if it would be for rehab, are might be able to enter the same fight again. If it is for artistic type of issues, it would not be eligible. Mayor Suarez: For artistic pursuits it would not be eligible. i Mr. Castanedat 'Fes, we've had serious problem everything that has to do with - the arts with Community Development. We've had it with the Bakehouse as well as with the Coconut Grove Playhouse. 41. Commissioner Alonsot So what do we do? Mayor Suarez: See, we can't make a commitment, even to help you, unless we know where we're going to find the monies from because it would really be just �5s getting us back to the same juncture a few months from now. It mould help you to get the grant, I suppose, and from private sources or from a fund that 4 r�. we've been trying to create that results from developers getting concessions x° from us and giving money into a fund that, you know, would be discretionary �= for all kinds of projects including this. That might do it, but we don't even a have an audit right now on that fund. I don't know how much money we have in it. And Mano, I don't think, is prepared to tell us, are you, Mano? -how much money we have in the fund? Because we've been asking about that so if you want to hold on for a couple of minutes, maybe we'd... in the absence of any Commissioner making a motion, from General Funds, I think it would be irresponsible. You'll hear later today why because we're trying to set the millage rate. Commissioner Alonso: And in this case, you people need an answer like in this commission it could not wait later on or you have a deadline that you to apply and you have to know from us right now? Mr. Richards: That's correct, August loth is our deadline. Commissioner Alonso: August 10th, that's what I... Mr. Richards: For the application. Commissioner Plummer: Why did you wait so long to come here? Mr. Richards: Basically, the grant funds we're intending to use for our after school, Saturday, and summer arts programs which basically service underprivileged, at risk children, we had a three week program this summer. We accepted 90 children. We had to turn away 90 children. We charged them $5.00 a week and if they can't afford it, we underwrite it. We would use the funds to expand our clay workshop, that's something that the children really enjoy working on. So I guess we'll wait a few minutes. Is that what you'd like us to do? Commissioner Alonso: Can we table this item until the afternoon and see what we can do? Mayor Suarez: agenda as it then. The item is tabled until the afternoon. It was never on the is, so we try to see if anything can be done between now and Mr. Richards: Thank you very much. Vice Mayor Dawkins: Mr. Manager. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkinss Would you provide me... you gave me a list the other day of the 13 people you plan to terminate. Sir? Mr. Odio: Sixteen, right now. Vice Mayor Dawkins: Sixteen. Monday morning, I'd like a list of the ones who you terminated and who are still terminated and the ones who got untermiAated, Mr. Odio: There is none, to my knowledge. 29 r 4 t1� July Zb 4 4i1 -1 t" 3 � Vice Mayor Dawkina t Mr. Mayor, provide me with a list of all the poopl+e who' ce, you terminated who are terminated. That's all I ask you, sir. x . Mir. Odio: Fine. �. �gVies Mayor Dawkinst Thank you, air. +,. Mayor Suarest OK. List of termination. x '- aa----i.i++----yY+r----w,ir----ir.ir.Y:..tt----Jr------------ I---alLr-ri:ar.liSfYa+rY�iaPi I� . 10. AUTHORIZE MANAGER TO ENGAGE SERVICES OF FINS JACOBSON SCHWAYtTZ HASH BLOCK & ENGLANDI, AS BOND COUNSEL, TO PROVIDE A LEGAL OPINION REGARDING PROPOSED FINANCING OF THE MELROSE AFFORDABLE HOUSING PROJECT BY CONC, y� INC. - COST TO BE CHARGED TO CITY ATTORNEY'S BUDGET. —_---------___�-�_-_-. _N..._...�.- Mayor Suarez: CODEC had an emergency item, quickly. You don't? I do. You're pointing to me. Does that mean that I'm supposed to know exactly what '4 it is that you need? Mr. Jorge Fernandez: This item, Mr. Mayor, is one... Mayor Suarez: City Attorney is hopefully an interdelineation or a minor modification item. Is that what it is? Mr. Fernandez: Remember last City Commission meeting I came to you asking you to authorize me and the finance director to engage the services of bond counsel when we needed a special opinion on a given issue? -not at all related to the issuance of bonds. You then suggested to me that I should come back to you on a case by case basis and request, put the case in front of you, and ask for authorization to retain counsel. This resolution, in part, does that. We have negotiated a fee of $5,000. We're capping it at that at $150 an hour with the firm of Fine Jacobson so that they can pro... W. Vice Mayor Dawkins: Move it. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved k its adoption: =w MOTION NO. 90-576 A MOTION AUTHORIZING THE CITY MANAGER TO ENGAGE THE LAW FIRM OF FINE JACOBSON SCHWARTZ NASH BLOCK & ENGLAND AS BOND COUNSEL, FOR PURPOSES OF RENDERING A LEGAL OPINION IN CONNECTION WITH CODEC, INC.'S PROPOSED FINANCING FOR THE MELROSE AFFORDABLE HOUSING PROJECT; FURTHER STIPULATING THE FEE FOR SAID SERVICES SHALL NOT EXCEED $5,000 AND DIRECTING THAT SAID FEE BE CHARGED AGAINST THE CITY ATTORNEY'S BUDGET. v Upon being seconded by Commissioner Alonso, 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. COMM. ENT MADE DURING ROLL CALL= 30 the motion was passed and 5# 1 , F ttx vi . IevY irk". t+ } _ M Fl 2 � k i ;N3 Cos`iMINgiohor Pluther: What? I'm eorry, what is the motion? Vice Mayor Dawkins Where is our bell? x. V ' Mr. Ferhandegs The CODSO project, in order for the CODEC project tO # het thrcugh, we need to got an opinion from bond oouesei and this ie :that .; itsei whers3 you authorise r . Commissioner Pl,tmmars And who's paying for it? s' Vice Mayor Dawkins We are. ' r . Commissioner Plummets We are? Vice Mayor Dawkins Yes. Commissioner Plummer: Why wouldn't CODRC pay for it? $ Vice Mayor Dawkins That's a good question. a Mayor Suarers Are the funds... UNIDENTIFIED SPEAKER: It was requested here. Commissioner Plummers Huh? ;f UNIDENTIFIED SPEAKER: You requested. t Commissioner Plummer: Are you going to pay for it? Mayor Suarez: Mr. City Attorney, did the City request it? What is the explanation why we pay for it? Vice Mayor Dawkins: Instead of them. Mr. Fernandez: Herb Bailey or the Department of Development. I don't know 2 �.: whether these are bonds that have been earning interest, the proceeds of which ' —: are earning interest, and perhaps from the interest that the bonds may have a been earning, that would be a potential source for paying of that. Otherwise, this is an item that would inure and accrue to the benefit of CODEC. We're seeking them, we're asking for the legal opinion because we want to be certain that the project goes through without a hitch. So it is the City's' k requirement but it inures to the benefit of CODEC, so CODEC probably could be f$. also another potential source of funding for this item. Commissioner Plummer: I think it should be. I think CODEC should pay for it. Y z It's to their benefit. k y4, Tpf UNIDENTIFIED SPEAKER: Sir, we don't have the money. It was requested for you... -- Commissioner Plummer: And neither do we, my dear. €,. 3 s.+f Mayor Suarez: How much is the... Commissioner Plummer: $5,000. Mr. Fernandez: Yes, it is, it's $5,000. We were able to negotiate. — fr Mayor Suarez: And what is the size of the entire project? -the bonds are going to be for what? Mr. Fernandez: No, no, no, it's not bonds... Mayor Suarez: I'm sorry, the... f' Mr. Fernanders ...actually, they're looking at two different sate of; pro, 1r * a ; 0ne is for 1.4 million that they're looking to borrow and the oths3r oot9 not up a fund through.., right, Herb Bailey's here, he +can 4xvlsrts - particulars. " # ,rr W 1 z 4 Z Mr. Herb Bailey: I just happened to be listening on the speaker box. Mayor Suareet Herb, why wouldn't it make sense for the project promoters, for lack of a better term, to pay for the opinion? benefit that Mr. bailey: Well, actually, Mr. Mayor, we go back and it's not a k accrues to CODMC. The Melrose site in something that we've been trying to do for five or six years. And it's from this Commission, we got the directive... Commissioner Plummer: That's not the question, Herb. The question is, why should we pay it? Mr. Bailey: Well, I'm trying to get to the question. I'm trying to get to } the answer that. I just want to give you the background. This Commission ordered us to build affordable housing. Affordable housing is not a method of construction, it's a method of financing. And we have come up with a way now "F which we can finance this so we can reach the income level that we're trying to reach. We are building there units that will fit into what we call low and moderate income; a lot of low income people. With this new financing r mechanism, the financing.can be done in such a way that the down payments will be affordable to those who want to buy those units. If we did not do this, the price will raise +- will rise, I'm sorry. So, it is not something that is going to accrue to CODSC. It is something that is carrying out the mandate that this Commission gave for us. Commissioner Plummer: So you're saying then that we should pay for it. Mr. Bailey: Of course. Mr. Odio: Yes, air, yes, sir. We need - yes. This is important that we get something done in Melrose. Commissioner Plummer: Fine, call the roll. Call the roll. Mayor Suarez: All right, we have a motion and a second. Any discussion? If not, please call the roll. Commissioner Plummer: The money, of course, is coming from the City Attorney's budget. Mr. Fernandez: No way. Vice Mayor Dawkins: Oh, yes. Mr. Fernandez: No way. Vice Mayor Dawkins: Why? ` Commissioner Plummer: Why not? Mr. Fernandez: Because... Vice Mayor Dawkins: You ordered... you tell me I got to go outside and get outside counsel. Mr. Fernandez: Well, so long as the understanding between us is that you would allow me then to build into my budget all those items, I will. if Vice Mayor Dawkins: No, I'm going to bill you out of the total budget if you don't build this into your budget. S.5 Mr. Fernandez: OK. R}: Vice Mayor Dawkins: OK, that's the way we can do that. Mr. Fernandez: We'll see each other at budget hearing. Vice Mayor Dawkins: All right, thank you. Now we have a meetius of the mind$. Commissioner Mummers No, because the way you're going, you're not even gal� to make it there. 32 July. Of 4'9�� .. Xn0" ^.'r-.'•« .. YiY vv-..u - 1' *ten .,. ',i. .. h 1 Mayor SSuaree: We have a motion and a second. Any further discussift? I �# Af ;, nbtj please call the roll. .h< Vice Mayor havkins: Yes and under discussion. Go ahead. }i. Commissioner Plummer: Coming from the City Attorney's budget, I vote `'Y+E 6* Living in that goddamn penthouse he's got. � COMMENTS MADE FOLLOWING ROLL CALL: Vice Mayor Dawkins: See, the Manager just may he has no money. We just can't keep doing these things and throwing them to the Manager and tell the Manager. to pay for them. I mean, that's unfair. UNIDENTIFIED SPEAKER: Thank you. _......_.._..-..�__:._--------------------------------------------------w__:.........- Y 11. SECOND READING ORDINANCE: AMEND CODE SECTION 2-75 - PROVIDE FOR INCREASE OF FEES, WHENEVER NECESSARY, TO COVER COST OF ANNUAL REINSPECTION OF BUILDINGS AND PREMISES. ------ ------------------ --------- .----------------------..___�- Commissioner Plummer: I move item five. Mayor Suarez: Item five, second reading. Moved. You have a second on this item? Commissioner Plummer: You did it before. Mayor Suarez: Yes, I will if I have to. I'll second. Commissioner Plummer: Mr. Manager, question quick. The increase of these -" fees bring us up to about what level of what it cost us to provide the service? a Mr. Odio: On the increase for annual inspection of buildings... g UNIDENTIFIED SPEAKER: Ninety percent. s Mr. Odio: Ninety percent, yes... Commissioner Plummer: We're up to ninety. Mr. Odio: Ninety. �'. Commissioner Plummer: I hope next year you go to a hundred. Mr. Odio: Well, we're trying. Commissioner Plummer: Well, OK. I moved it. Seconded. Mayor Suarez: I seconded it. Vice Mayor Dawkins: Any more discussion? Call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY k TITLE ONLY. Mayor Suarez: Call the roll. Vice Mayor Dawkins: Under discussion before I vote no, I want you all to kaov why. I saw in the paper this morning where the Manager said he's not r*ibiag; the millage to 10 mills because he got enough money to run the City. < `h* .f t . got enough money to run the City, he don't' used this, I'll be votingno. Call the roll. w` Rs k Mr. Odio: I said the opposite. I think i read the wrong paper. r .h: a 1 y ME 33 jug 7 * J M x Commissioner Plummer, Weil, let the put on the record, since you brought that up. ror my vote this year on budget, I am going to go extremely strong oh user fees, which basically says, if somebody is using a service of this City, they're going to pay for it. Now, that we can no longer continue to hit the homeowner in ad valorem taxation. I think it is ludicrous that a contractor let's just use a contractor - comes in, has processing of plans, p6ftitt hg; inspections, and he is not paying what it costs the City to provide those services. He's going to make the same profit regardless of what he has to pay. And I'm going to use that right straight doom through the budget that it's only logical that the people who are gaining or benefiting by a service should, in fact, pay for that service. Vice Mayor Dawkinss J. L., I have no... Commissioner Plummer: I'm not in any way - just let me conclude by saying the City should not make a profit, but I don't think the City should lose or ask the rest of the taxpayers to subsidize something that they are not directly benefiting by. Vice Mayor Dawkins: J.L., I have no problems with that. I think that we should pay for what we get. But I do have a problem with taking a fee, causing a users fee, which in actuality is a tax on the residents, and we do not have nerve. enough to say, I'm going to tax you. Instead of saying, I'm taxing you, I'm going to charge you a users fee which is a tax. Commissioner Plummer: Well, you see, that's true, but it is not a tax applied to all taxpayers. It is applied to that person who is deriving the benefit. Vice Mayor Dawkins: All right, the garbage fee tax is not to all people? Commissioner Plummers I'm not assuming on that one. Vice Mayor Dawkins: Well, hey... Commissioner Plummer: All right? Vice Mayor Dawkins: All are fees. Commissioner Plummer: I'm saying to you, is the fact that we cannot continue to hit, hit, hit on ad valorem. There has got to be a realization that there are people who are benefiting by City services that are costing the taxpayers money. And I'm saying that we need to go to a system of those who get, pay. That's all I'm saying. Mayor Suarez: OK... Commissioner Alonso: But also, in this item, Commissioner Plummer, I want you to know that properties are taxed. With this fee that we are increasing, it's not only developers, but it's also owners of properties that are rental properties. Some of them small buildings by which the people will have to pay because rentals will go up. Commissioner Plummer: Well, Miriam, there's no question, this, in fact, came about to this Commission as a safety factor. When the old 8delin Buick building went down and that was a safety factor, a safety factor to the public. Now, you could argue whether or not these reinspections are necessary but it is to assure the public that the buildings they are going into are not going to collapse on top of everybody like the catastrophe that happened in 8delin Buick. And as such, this is a cost of doing business to merchants who are saying to the general public, my building is safe and as such,- you can come in and do business. I'm not trying to pick on one particular. segment. I'm merely stating that it is unfair in my estimation that the people who are not in business should have to subsidize the people who are in business. We have got to come to a realization, those who are receiving are going to pay, not a profit. I've used the terminology before. The only reason that automobile accident reports are written are for the benefit of insurance " companies. That's the only reason they write an accident report. If you tgko the amount of money that our accident unit in the Police Department is delegated and you divide it by the number of reports that are written, it comes out to $66.00 a report. Yet, we turn around, for the benefit,., effect, we're subsidizing the insurance companies. We charge $0.00 fob It, And we're doing it solely for their benefit. Why should my taxpayers hovel too ti subsidize insurance companies? 34 July 20041 Vice Mayor Dawkinas Let's folioV that same logic. Cote�is+eitsner Plutmner= Vies Mayor Dawkins: Coflnissioner plumnare OX. We have a sanitation department. Correct, air. Vice Mayor Dawkinat Sanitation Department picks up garbage and trash. Commissioner Plummer: Yes, sir. Vice Mayor Dawkinsi We have a private hauler who picks up garbage. Commissioner Plummer: Yes, sir. Im Vice Mayor Dawkins: All the trash cuttings and etcetera are put on the f streets and the citizens of the City of Miami pay for us to pick them up. ' y: Commissioner Plummer: From ad valorem. s' Vice Mayor Dawkins: So now, we are subsidizing the private hauler but nobody s is concerned enough to say how we can make the private hauler either pick up the trash and the clippings, pay the dumping fee, and what have you, but yet we'll charge the present homeowner $80 more a year because we feel that we've got to make up this difference that we're not collecting from the private hauler who does not collect any cuttings and any trash. Commissioner Plummer: All right, let's carry that one step further. Mr. Manager, from the $160 a year that we charge the homeowner, what does the City get out of that? Mr. Odio: I believe it's $14._, Commissioner Plummer: The rest of the money goes to pay the County for the dump - what do you call it? -dumping or the scale fees, whatever the hell you call it. Mr. Odio: Dipping fees. Commissioner Plummer: We derive from that $14.00. I'm not saying by any stretch of the imagination, there are things to be assumed that you are getting for your ad valorem. When a person has a fire, we don't charge them to send a fire truck. We don't charge them at all for that. When a person. has a robbery and we send a police car, that's expected service that "'all citizens have the availability to. I am just merely stating .that I don't s think that we, as government, should be subsidizing private companies who are the sole benefit and receiver of services who are getting it for less than - what it costs us to perform. That's my theory. That's why I'm saying. Mayor Suarez: All right... Vice Mayor Dawkins: We're saying the same thing. I said the garbage haulers is getting - we're picking up his trash for free and he's getting a free ride. I agree with you, he should be made to pay it.4.6 Commissioner Plummer: Then, let's rewrite it. Let's rewrite. Mayor Suarez: All right. The Vice Mayor was chairman, but I'm going to call the roll because he has managed to get into the discussion hare, so p]ease call the roll, if there's no further discussion. Commissioner Plummer: He lobbied too much. No, I get to ring the bell. ff �m ri s I� 35 — i P MOTION DULY MAN By COMM#SSt R PLUMMIR AND SECONDED BYMA MAYOR BtiARSg, THE PROPOSED ORDINANCE FAILED ST THE POLLOWIM6 VOTg s w, ti Avist Comissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez 4 molts: Vice Mayor Dawkins Commissioner Miriam Alonso Commissioner Victor De Yurre ASSSNTs None. Jc y Commissioner Plummmer% Excuse me, was the vote defeated? Ms. Hirai: Three - yes, sir. Vice Mayor Dawkins: Yes. Commissioner Plummers OK. Mayor Suarez: I hope we get a statement later on... Commissioner Plummerr Well, what was... excuse me, just for the record. Mr. Manager, what would that increase amounted to in the amount of dollars? Mayor Suarez: If you hadn't interrupted, I was going to say precisely that., Mr. Odio: $900,000. Commissioner Plummers Ninety thousand dollars. �- Mr. Odio: Nine hundred thousand dollars a year. Commissioner Plummer: Nine hundred thousand dollars that we will not have for this year's budget. z Mayor Suarez: I would hope that... Mr. Odio: No, for next year's budget and that's another... Commissioner Plummer: That is the equivalent of 50 employees. , Mr. Odio: Yes, sir. Mayor Suarez: I would hope that my colleagues who voted favorably to this. 3 ordinance on first reading would reconsider that in view of that economic *$. consequence. If no one is... Commissioner Plummer: Hey, I'm not fighting the issue, I just want it, when it comes home and there's 50 employees going to be laid off, that's what, %.,.- $900,000 equates. Vice Mayor Dawkins: And if I vote yes then fifty... ' Commissioner Plummer; I'm not lobbying you. Vice Mayor Dawkins: Hold it, wait a minute now. Hold it. If I vote ye$, ;,. then 50 employees will not be laid off? Commissioner Plummer: I didn't may that. I said that's what... Vice Mayor Dawkins: Well, then don't... Commissioner Alonso: That's the same? Commissioner Plummers What I said was, that's what it equates to. Vice Mayor Dawkins: But don't have the public think that b m voti y p Y y n'.�ix� this, I an laying off 50 people. Sae? Now, I will vote yes, if you alt,<t1,1,j '- ' me you aren't going to lay off 50 People, then we're home f reea But 40 g k give the public... let the Herald and everybody else say that Killed .R 36MM .. 3 }. al yY S x. dF i f g, did hat v6te for this .lore they're going to collect $000, 000 and M p*Ople � Are going to lost their job. Comissioner Piwoort Vheh did Miller DAwkins start worrying about tho M ani Hes*eld? Vice Manor Dawkinb s Tomorrow, x �' Comissioner Plumm6rt Oh, OR. OR, in the light of cooparetion, I'll Vote t6 4 reconsider. Mayor Suarez: OR, can we take the roll call once again, Madam City Clerk? -or do we need to reconsider?; Me. Mists Mr. City Attorney? Mr. Fernandezi Yes. Me. Hirai: We simply call the roll again. Mr. Fernandez: Yes, you must reconsider first. Vote to reconsider. Mayor Suarers It was an either or question. It cannot be answered by yes. All right, we need to reconsider. We have a motion to reconsider by Vice Mayor Dawkins. Is it seconded? I second. Call the roll, somebody, please. The following motion was introduced by Commissioner Dawkins, who moved w its adoptions MOTION N0. 40-577 A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE WHICH ' KILLED A PROPOSED SECOND READING ORDINANCE TO INCREASE r CITY FEES FOR ANNUAL REINSPECTION OF BUILDINGS, ET CETERA. } Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYESs Commissioner Victor De Yurre - Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins �r Mayor Xavier L. Suarez NOES: None. ABSENT: None. - , x, :A COMMENTS MADE DURING BOLL CALL: —$_ Commissioner Plummer: Well, I guess if I knew what the reconsideration was, 1 I'd look more favorably, but yes. „;:i Commissioner Alonso: The vote to reconsider? Ms. Hirai: To reconsider. A _ Commissioner Alonso: Yes. —a COMMENTS MADE FOLLOWING ROLL CALLs rr Mayor Suarez: OR, on the issue at hand, the... Commissioner Plummer: I move item five as presented. Mayor Suarez: So moved. I second. k Y 1 f ` Vice Mayor Dawkins: Call the roll, h ! a �z 4£ 7 t tr AN ORDINANCE ` AN ORDINANCE CONCERNING FEES FOR CITY SERVICES BY AMENDING SECTION 2-75 OF THE CODE OF THE CITY OF F_ MIAMI, FLORIDA, AS AMENDI3D, TO INCREASE FEES FOR ANNUAL REINSPECTION Off' BUILDINGS AND PREMISES, SAID INCREASES BEING NECESSARY TO COVER INCREASES IN OPERATIONAL COST; ALSO PROVIDING THAT SAID FEES MAY 8E INCREASED WMN NECESSARY TO COVER THE COST OF SAID REINSPECTIONS; CONTAINING A REPEALER PROVISION AND A SBVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 12. 19901 f was taken up for its second and final reading by title and adoption.- On motion of Commissioner Plummer, seconded by Mayor Suarez, the Ordinance was , thereupon given its second and final reading by title and passed and adopted by the following vote t � 4y AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner Miriam Alonso ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10766. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: As before and consistent, I vote yes. Vice Mayor Dawkins: Since I'm going to have people losing their jobs, I'll vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: I would like to caution, as we get into the, discussion on jobs that may be lost, that we don't use this equivalency of $900,000 having somehow being equivalent to forty jobs or fifty jobs. Depending on what the jobs are, it could be anywhere from as little as probably seven jobs, . if you took into account all of the overhead and attendant expenses of certain people in the $90,000 category, to, at the most, for the average City employee, making $33,000 plus perks, which are 50 percent, between 40 and 50 percent, at most we're talking about 14 employees. So, please, let's not talk... I mean, I've heard a lot this week about how 200 employees are going to have to laid off and then the next day I hear a hundred depending on its deficit. Just let's be careful on those numbers that we throw them around because we should not be influenced improperly by huge numbers of supposed layoffs, when the equivalency is not even correct. Commissioner Plummer: Mr. Mayor, I apologize for using a lawyer's way of doing things and that is called taking an average across the board. It does F equate in the Police Department of 50 employees and general employees of 72, That's an average. Commissioner De Yurre: Some of them make less than twenty thousand? Mayor Suarez: Right, so if you divide that hundred thousand dollars by 72 thousand, is that what you're saying? It sure doesn't come out to 50. Anyhow... ' Commissioner Plummer: The Police Department... Commissioner Alonso: Yes, I just want also... y Mayor Suarez: Commissioner Alonso. 1't � i K t�� 30 July 26,1 f7 i } r� WE- r t 1P. 4 Ctsffftissioner Alonso: ...I'm glad the Mayor has made that clarifidatift because I don't think it's fair to the people who are voting the beat way they � think it fits to be told everytime that it's going to save thin nuthbor of R , Jobs. Because, then I will have to remind this Commission that raaently, I brought an item and it was an amount that it was around the amount we are y=. discuasin today and I was trying to save, according to the at that � y y 6 g ,. time] it was about 14 jobs and I was told we were not going to save them with that amount so I'm surprised to hear that now, with this one, we were going to save SO people. So, I just hope that it doesn't become a policy of this Commission to do that. Commissioner Plummer: I apologize for going so drastic and I didn't intend that to hurt anyone but it was intended to try and get this item passed which I think is very deeply. Vice Mayor Dawkins: You hurt me deeply. Commissioner Plummer: Good, I'm glad. It couldn't happen to a nicer guy. ..... --------- --------- --------- -----.-.�..�M....r.w..r 12. SECOND READING ORDINANCE: AMEND CODE SECTION 2-83.1 - INCREASE USER FEES FOR USE OF EMERGENCY MEDICAL TRANSPORTATION SERVICES - PROVIDE.THAT FEES MAY BE INCREASED, WHENEVER NECESSARY, TO COVER COST OF SERVICES. Commissioner Plummer: I move item six. Vice Mayor Dawkins: Item six has been moved. Any discussion? Commissioner Plummer: I just want the assurance... Vice Mayor Dawkins: Is there a second? Commissioner Plummer: ...from the Fire Department that we understand each other that we are going to go after, in a very serious way, non residents. Chief Huddleston: Yes, sir, we've already made that clear. Commissioner Plummer: And, did you estimate what that would possibly raise beyond the two hundred - what was it? -two hundred you got last year, two hundred thousand? Chief Huddleston: No, I checked and we got three hundred last year. We're up a to a hundred and sixty-nine this year, I believe in the collection. Commissioner Plummer: OK, but what do you feel that by going after the non residents in a serious way would increase that? Chief Huddleston: Commissioner, I really... Commissioner Plummer: Would it double? Chief Huddleston: I don't think so, but possibly. Commissioner Plummer: OK, just wanted to understand. Vice Mayor Dawkins: Read the ordinance, please. Ms. Hirai: Need a second, Mr. Vice Mayor. Vice Mayor Dawkins: You need a second? Ms. Hirai: Yes. Mayor Suarez: I second it. Vice Mayor Dawkins: Mayor seconds. Read the ordinance, please, r: 39 fi ram; July 26, 1 990 , d - )j�� vt- 7 Nm �95 tk '1` # fP f, THE CITY ATTORNEY READ THE ORDINANCE INTO THE Pitt UC nCOAD tt G.. THE ORLY. s Comissioner De Yurret Question. We were talking about the fact that tilt County should be paying us for the service we're providing in cofaparisofi to ` the fact that when handle Eastern provides a service:.. Commissioner Plummer: live been trying. Victor, for five years.: Commissioner De Yurret Now, how does it happen? They say what? -it you put a needle into the person, then go ahead and deliver him to the p , iron got to hospital? ft r Commissioner Plummer: Well, that's another fight. OK? That is based, yes, that is the interpretation of the medical director for bade County. �t Commissioner De Yurre: How do they do it... Commissioner Plummer: It is not, just for your information, it is not the same ruling in other counties around the State of Florida. Each medical director, according to Florida State Statutes, has the right to make that ti determination in his county. What is being said here by our medical director is that if we stick a needle in him, we've got to transport him. We've got to stay with him until they get to the hospital. Commissioner De Yurre: And the same thing applies to the County? Is that the way they do it also? -the same policy? Commissioner Plummer: I assume the medical director is for all of Dade County. Mr. Fernandez: What we're doing... Chief Huddleston: Well, we have a contract with the medical director, I can't tell you for sure if they do it the same way in Dade County. Commissioner De Yurre: I mean, the County is setting the law and I imagine it's got to apply to them also. Commissioner Plummer: Victor, that's not really the argument. The argument that I have portrayed in this. The County has a contract with private ambulance services. If we call an ambulance service, the County will pay for it. No questions. They pay for it. But when we call and we transport, they won't pay us what they pay a private hauler and that's where I say, you're talking about damn near a million dollars. Commissioner De Yurre: OK, but my question goes to the procedure used at the County. Commissioner Plummer: I think, from what my knowledge, the medical director is for... one medical director is for all of Dade County and whatever rule applies, would apply unifiedly across the board. No? That's my understanding. Chief Huddleston: That is, as well, my understanding. Commissioner Plummer: All I'm saying is that the County... when I went to the County, you know what their answer was, why they wouldn't do it? Becauas other municipalities would want it and they couldn't afford it. It doesn't make sense. Whether we transport or they, they have the responsibility and if we call private ambulances, there is no question they pay it. But they won't pay us to do the same thing. r Commissioner De Yurre: Do we call private ambulances? Commissioner Plummer: In cases where we don't stick a needle or not extreme emergencies, we do call private ambulances. Chief Huddlestons We have not protocol, Commissioner, Commissioner Plummer: Excuse me, I think the answer you're looking tort w0 transported near 12,000 last year out of 60,000 Galls. That's 12#000.'atim�s..` $30? Y 1f 40 July 20;`'° iistf Huddle:ton,s IGsi . Ca misslafter Plummer: Porty-eight... Chief Huddlegtons forty-eight. `} Commissioner Plummer: rorty-eight dollars is what the County pays tb U F } private company. There is absolutely no 3ustifitatioft that they shotldn*t piss us when We've doing the transporting instead of the private ootepany. ft6ss *- got a calculator? What's 12, 000 times 481 A lot of money. � e Mayor Suaress Just about six hundred thousand. Commissioner Plummer: OX, six hundred thousand dollars. Commissioner De Yurre: And it has to be an ambulance company that they have: contracted with? Commissioner Plummer: That is correct. And we're transporting and savings them on twelve thousand calls a year. It makes no sense why they won't pay Us. Chief Huddleston: And we agree and we've had meetings and are continuing to have meetings and I think we.'re becoming closer and closer, Commissioner, to having this a reality. We're very optimistic that we're going to be able to come back to the Commission with something in the near future. Vice Mayor Dawkins: Is it possible to call closure on this? Commissioner De Yurre: Yes. Go ahead. r Vice Mayor Dawkins: Call the roll, Madam Clerk. AN ORDINANCE AN ORDINANCE CONCERNING FEES FOR CITY SERVICES BY AMENDING SECTION 2-83.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE USER FEES FOR =g THE USE OF EMERGENCY MEDICAL TRANSPORTATION SERVICES, SAID INCREASES BEING NECESSARY TO COVER INCREASES IN g OPERATIONAL COST; ALSO PROVIDING THAT SAID FEES MAY BE INCREASED WHEN NECESSARY TO COVER THE COST OF SUCH ;S a SERVICES; CONTAINING A REPEALER PROVISION AND A - SEVERABILITY CLAUSE a Passed on its first reading by title at the meeting of July 26, 1990, %t was taken up £or its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Mayor Suarez, the Ordinance was x' thereupon given its second and final reading by title and passed and adopted ' by the following vote: LTk,_ AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre h Vice Mayor Miller J. Dawkins ABSENT: None. °=f THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10767. The City Attorney read the ordinance into the public record 4md announced that copies were available to the members of the City Commtosion.and to the public. j COMMENTS MADE AFTER ROLL CALL: _x Vice Mayor Dawkinss Mr. Mayor... x4 =a Mayor Suarez; Yea, s 41 jO Y t f* J Vice Mayor Dawkihst ter. Manager, add that to ary list of things to hajotiata with them. 3 want to keep any laundry list. Thank you, Mr. Mayor. Mayor Suarezt That's a good idea keep an eye on each one of those items. Y YYWYL1L1'�W.YwLWrriliYi�lrYiYwa.r�r��rL.wrwii�rrY+..�r�'ir.ra ��wiMwrr�ri.rrir �r1.._ui.�..irif�WriiiYiiiWiiitwll7Yl'ili.illi -i} 1S. DISCUSS AND DEFER PROPOSRO FIRST READING ORDINANCE AMSN11INO CODE SRCTIou 22-2 (GsARIAGH AND TRASH) ADO NEW SUBSECTION CONCERNING MUttTiiORInD REMOVAL, MISUSE AND/OR MISPLACEMENT OF RECYCLING CONTAINERS FROM CUR'RSIDE. ..a....r....��r.r.r..----.:ir-------- ,..rr....r------w..—r..— —at...r:----fi - _ Mayor Suarezt Item 7. Commissioner Plumtgert I'll move it but, I have a question. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Question. Commissioner Plummer: Mr. Manager, if somebody steals that little blue bin from my house, who do you expect to pay for it? Mr. Odio: You. Commissioner Plummer: The hell you say. Mr. Odio: But I... honestly, I have a problem with this and I'd rather withdraw it and I'll need to listen. Commissioner Plummer: Well, I'll just tell the Commission of an episode in my neighborhood, in which there was a pick up truck that went down the street collecting these things - I don't know what he was doing with them - and if you think I'm going to leave that thing out at curb side... Mr. Odio: They're stealing them. I need to withdraw this. r• Commissioner Plummer: ... and I'm going to pay for it because they are stolen, you ain't got enough policemen to write reports for everyone of these items. I'm not going to pay for it. Vice Mayor Dawkins: That's a bad example for a Commissioner to set. Commissioner Plummer: You're right. I move that it be deferred. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded and built as... Vice Mayor Dawkins: The Manager requested that it be removed, as 1111 go - s along with the Manager. Mayor Suarez: OK. Cali the roll on that motion. r r A: t Ste 3: RrA :t r€ 42 July 20: Oft MOTION DULY MADE BY COMMISSIONER PLtftftR AND SECONDED BY VICE MAYOR DA' KINS, TIM A$OVE ITO WAS DEFERRED BY THE rOLLOWING VOTE t Cowiiasioner Victor De Yurre Commissioner J. L. Plumber, Jr. Cormniaaioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. ABSENTt None, COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: I'm also going to tell you, Joseph... Vice Mayor Dawkinst Where is that bell? Commissioner Plummer: ... there is a man in my neighborhood with a grocery cart is going around and picking up every aluminum can... Commissioner De Y'urret Hit it, hit it. ;n Commissioner Plummert out of those bins. Have you seen him? Xavier. Vice Mayor Dawkins: Next item, sir. Mayor Suarez: I knew it would work. Commissioner Alonso: This_is dangerous, now. t' } Mayor Suarezt Given toys, the blues brothers go at it. All right. Commissioner Plummer: And I'm not speaking softly but I'm carrying the big stick. € Mayor Suarez:. Yes, big stick. Commissioner De Yurret Maybe we should get them to sit next to each other. --- ---- - --------- ------ ----------- -------------------- - ---- - 14. (A) SCHEDULE FIRST PUBLIC HEARING ON BUDGET (BOTH THE CITY'S AND DOWNTOWN DEVELOPMENT AUTHORITY'S) FOR FISCAL YEAR 1990-91 ON dk ;. SEPTEMBER 7, 1990. (B) SCHEDULE SECOND PUBLIC HEARING ON BUDGET (BOTH THIS CITY'S AND DOWNTOWN DEVELOPMENT AUTHORITY'S) FOR FISCAL YEAR 1990-91 ON, SEPTEMBER 27, 1990. (C) INSTRUCT MANAGER TO STUDY AND PROPOSE INCENTIVES TO ENCOURAGE CITY EMPLOYEES TO LIVE WITHIN CITY LIMITS - RESTRICT 1 USE OF CITY CARS' TO CITY INSPECTORS WHO LIVE WITHIN THE CITY. (D) ESTABLISH PROPOSED MILLAGE RATE FOR THE CITY FOR FISCAL YEAR _ OCTOBER 1, 1990 .- SEPTEMBER 30, 1991 - INSTRUCT MANAGER TO SU0M;T ` _ SAID PROPOSED MILLAGE RATE TO DADE COUNTY PROPERTY `APPRAISER`'AND. TAX COLLECTOR. a � rt y. t , — — — — — — — — — -----------�.....w.--.....—....s...�r,..+....�a�.w..—w.+r..w..—�►.+w.w.r.wa+•�,•r.�.wr+ ,X Mayor Suarez: Item 8. Oh, my God!" Mr. Fernandez: Mayor, just by way of clarification.. b Mayor Suarez: Yes. Y Mr. Fernandes On item 8, I have written to you, a memo that alorif to end:!'. ' puts all the dates in perspective. That's the metro you just roceivsd i, . read that later. �$ 1- i; Nt it ry-Y• i J oy IT � r #36. - lyx 4 4 �F Mayor guarott That's lover and we're happy to get that theftro. Now, tali tti what date we should have our meeting and don't tell use the o>� lifts the dAt68 in r - m which we should not have our meeting. idr. Fernandest:t All right. You cannot have your :Heating if you are looking to eat no*, your first... Mayor Suarez: There you go, you're telling me when we cannot have it, tell irate. when we can. Mr. Fernanders You cannot have it the 5th... y Mayor Suarers Tell me you have a date that you have worked out with Commissioner Plummer. i Commissioner De Yurres He wants to know when we can have it. r Mr. Fernandez: Let me tell you. If I could tell you what to do, I would, Y$ Mayor, but I can't. I'm only telling you... Mayor Suarez: On this particular case, I'm begging you to come up.with a date that we can meet, please. Mr. Fernandez: Seventh, September 7th, Friday. Mayor Suarez: Thank you. It took a while. September 7th. Mr. Fernandez: Or for that shatter, it could be Monday the loth. Mayor Suarers I have begged Commission Plummer to allow September 7th, which he has a problem with usually but let's take alternatively the loth. Which is it, J.L.? You get the choice, if no one else has any problem with either date. Commissioner De Yurre: How's the 10th? Commissioner Plummer: Take your choice. Mayor Suarez: All right, I prefer Friday. Commissioner Plummer: Fine. Go with that. Commissioner De Yurre: Friday, the 7th. Mayor Suarez: All right. So moved. Thank you. Commissioner Plummer: Kill my R.V. trip. Mayor Suarez: And it's seconded by Commissioner Alonso who nodded, that's close enough. Call the roll real quick before they all change their mind. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-578 A MOTION SCHEDULING THE FIRST PUBLIC HEARING FOR CONSIDERATION OF THE FY 190-91 BUDGET ON SEPTEMBER 7, 1990, AS FOLLOWS: (A) AT 5:05 P.M. FOR CONSIDERATION OF THE CITY OF MIAMI BUDGET; AND (B) AT 6:00•P.M, FOR CONSIDERATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY - BUDGET. Upon being seconded by Commissioner Alonso, adopted by the following vote: the motion was passes; and AFe r r 44 • AIMS Commisaidber Victor D@ turre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suaret NOESs None. ABSIfiNTs Node. COMMENTS MADE AFTER ROLL CALLS Mayor Suarers Now, In the future Mr. City Attorney, make the memos just a ' little bit... { �r � Mr. Fernandes Yes, and you should... ` Commissioner Alonsos I want you to know, you spoiled my grandson's birthdays the first. i hf Mayor Suarers We'll have a special cake here to celebrate your grandson's r birthday. Mr. Fernanders Mr. Mayor, you must also specify the time and I suggest SOS in the afternoon. i Commissioner Plummer: Well it can't be before that, right? Mr. Fernandez: Correct. It cannot be, it should not be before five. 4 Commissioner De Yurre: Because it's a general meeting? L: Commissioner Plummers I prefer it to be at 5:06. �a Mr. Fernandez: Yes, but when this item is brought up, it should be brought up at a time certain. m ` Mayor Suarers As to this item, do we need a motion on it? Mr. Fernandez: To set the date and the time. Mayor Suarers OK. Built in or as an additional motion of 5:0.., Mr. Fernanders No, just built in with the original. �_.. Mayor Suarez: All right, 5:05. Commissioner Plummer: No. I want 5:06. Mayor Suarers Five oh six. Sounds to me like you'll be... k W Mr. Fernandez: And you should also keep in wind that you mutt consider DDA�s budget and I suggest that you consider them ad seriatim and then you should call that one for 6:00 on the same date. A4Mayor Suarez: Ad seriatim, the hell does that mean? Mr. Fernandez; One after the other in that sequence. Mayor Suarez: Thanking you for putting that into the record. You're with Latin terms today, with the cryptic memos, you're going to do it to us today. ft Ad seriatim, I didn't think that we'd hear that one here. t� Commissioner Plummer: What about if I %can't want to hear the DDA budget? Mr. Fernandez: Say what? Mayor Suarez: It's scheduled to be heard whether Commissioner Flummpr wsDte to hear it or not. You may, at that time, say whatever you want about D&A; y` but we will hear it. f ' Commissioner Plummer: I want two more votes and we will abolish it, ` 1 45 J44^'i T.ib "344 SIR g... 'x n w F 1 y - *��N _ MaYor Suaret: Thank you. Vita Mayor basikins a You've got one. � -- r r S s Mayor Suarez: Ox. We're getting closer and closer. Comissioner Alonso: Noe about that? } Commissioner to 'Y`urra: Call the roil. K; Mayor Suarat: Call the roll. No, we did. We voted on it. u Comissioner Plummer: Ve did? 1 to do A= � Commissioner to Yurre: No, we got a motion, we got a first and a second away with the DDA: ."; Commissioner Plummer: All I've got to say is, ten years ago when I vent downtown at night there were g people on the streets. After ten years of the ` DDA, I go downtown, there's not a soul on the street. What have they h-=- hw: developed? Mayor Suarez: I want to warn all of you that besides the issues of the DDA, ?A � we have another fifty some issues left in the morning agenda plus planning and zoning. So please, let's take that up at the appropriate time. �r ' Mr. Fernandez: Mr. Mayor, while you're receptive to what I have to say, why 'V didn't you... ... Mayor Suarez: In which language? This can be a spear, you know. y` Mr. Fernandez: At the September... tc Commissioner Alonso: I don't feel safe anymore, I want you to know, with these two guys using these. Mr. Fernandez: Those are... boys will always have toys, you know. You have September 27th as the second date and I suggest to you that you go ahead now and set your second date for... Mayor Suarez: All right. As to the second date in September, I'll entertain; — a motion.z v Mr. Fernandez: September 27th., h Mayor Suarez: September 27th. aft m r Mr. Fernandez: Again at 5:00 and at 6:00 respectively. r Mayor Suarez: That should.be easy to remember the 7th and the'27thi, He moved have it, he's got the phone in his hand, that's close enough. Do we a-mecond? Commissioner Plummer: Second. Mayor Suarez: Thank you, call the roll. psi S d r M fix' E.F a5v 2 The following motion was introduced by Vito Mayor Dawkins, Wbo moved its adoptions T MOTION NO. 90-519 F _ A MOTION SCH91)ULING THE SECOND PUBLIC HEARING FOR CONSiDRRATION Or THE TY 190-91 BUDGET ON SEPTEMBER 27, 1900, All. FOLLOWSs (A) AT 5s05 P.M. FOR CONSIDERATION OF TWA CITY Or MIAMI BUDGET; AND (9) AT 600 P.M. FOR CONSIDERATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY BUDGET. W Upon being seconded by Commissioner Plummer, the motion was passed and 4 adopted by the following votes } 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. Mayor Suarez: Item S. This is not what I think it is, is it? Commissioner Alonso: I'm afraid, yes. Mayor Suarez: OK, Mr. Manager, what's the recommendation? Mr. Odio: I'm recommending that we go to ten mills for the operating millage and the same millage we had now which is 2.3381 for the debt service millage which is the same. Mayor Suarez: Why is the debt service millage rate the same? Mr. Odio: As this year. Mayor Suarez: Isn't this the year that we have reduced payments of fairly steep drop in debt service payments? f Mr. Odio: We will have... what you could reduce that one slightly but what we're trying to do by leaving it the same is that you will have an additional, I believe, a million dollars to put into the capital improvement project so that you could keep the projects going. That's why we propose the same 4 millage there. Mayor Suarez: OK. I'm not going to quarrel with that, I think there may be a E, bit of a philosophical, if not a charter, problem with that. I mean, the whole idea of the debt service millage rate is that it set to pay for obligations that we have incurred pursuant to the charter which requires voter approval - if I may finish, Mr. Manager - of any capital projects of that sort. So why we would set it higher to quote unquote have more capital projects, unless we have somehow come up with voter approval for projects that would then be paid with it, I'm not sure, but I'm not going to pick... Mr. Odio: Well let me give you one project that you approved that we have to pay for, is the Metromover and we plan to pay out of that. That's the prior debt. Mayor Suarez; And that one does not require voter approval because it's prior debt? 7 Mr. Odio: It does not require voter approval. Mayor Suarez: Meaning what?... prior debt in what sense?... -eras cow tted to by a prior Commissioner, unless obviously... Mr. Odio: It's a debt that was incurred by this Commiseion and theiti► to pay for the Metromover extension of seven and... y' S 47 July 26, 7, i Mayot Suarazt Between now and the next reading assuming that this Wee* ig n the same rate, I would waft an explanation of how that doesn't dontfadiet A charter. Mr. City Attorady, it seems to the that it would. I mean, I think that we've discussed it that the debt service millage rate is autotaatledliy sdt based on preestablished obligations and I'm not sure that that indlti4e6 something. Mrs Odiot I hope we can pay it out of this, if not you're going to have to find another million seven hundred and fifty thousand out of general fund. Mayor Suarez: If it can legally be done, it may very wail be that the ideal place to find it. Commissioner Plummer: Well, wouldn't we eliminate DDA? Mr. Fernandezt Mr. Mayor. Also as a point of reference... Mayor Suarez: I've got to say this, I'm sorry, because you keep bringing it up. You know what's going to happen if you keep talking about that? What'u going to happen, since it is an independent taxing district, subject to the approval of the owners, is, they're going to get together, tax themselves to half a mill and then, we won't have any control over it. See, that's an extra half a mill that they impose on themselves, on the DDA. So don't think that if you abolish it you're going to get anything, you're going to get absolutely nothing and you won't have a DDA and you won't have the ability of DDA to plan. So, we'll get into to that when we get into... if we may. Mr. Fernandez: What you're doing today, you're really computing the rates, the millage and you have opportunities again at your first hearing to perhaps reduce them. What you don't have an opportunity after today is to increase them any higher than what you stipulate today. So by having the debt service set at 2.3381, if later on at you next budget hearing or your first budget hearing there is reconsideration of that, you can always reduce it somewhat, but you cannot increase it. Commissioner De Yurre: What was the debt rate this last year? Mr. Fernandez: The same. a Mr. Odio: The same. It's exactly the same. Commissioner De Yurre: Exact... so we're keeping it at exact the same amount. Mr. Fernandez: Yes, sir. Mr. Odio: Yes, air. Commissioner De Yurre: Now. I guess that one thing that... and we're talking about also the millage rate? Mr. Odio: The operating millage... Commissioner De Yurre: Great. Mr. Fernandez: Yes. Commissioner De Yurre: I'd like you know... my position and I'll state it right now for the record, will be that, I will not vote for any increase of the 9.595 that we have todayand we've had for the last few ' gears. That's my position. And I don't know if anybody else feels that way, that strongly about it, but if they do feel that strongly about it, knowing that they're not ;,. going to change, maybe just a matter of saying, listen, this is there it's at K and we're voting for that right now so that doesn't confuse the residento out there that, because this is going to read tomorrow millage met at ten. And r, then it's going to send a message that I think is not the proper- one' for` tho residents. We're already, we have the County raising taxes, we hev# the =? << school board raising taxes, we've got everybody raising taxes and I -think it... you know, I don't think if people realize that we don't -raise our taxi$, that we haven't done it for a number of years because when they ads that #eii v going up we get the blame for it and maybe it's an educational proo#s# tb#t we have to work with so that people understand that we have nothing to do with ; that, but I don't want to be a part of that perception that+e out tired tl Y' ]d d 49 July 20� � u 9' AL 27P 4 p } r� it that'a the valt you know, if there's a majority that feels that gray and *I �- conversations with the City Manager has also been that he doesn't feel that it should be raised to ten Mills. - Mr. Odio: i think we talked about that. I feel that two things have -to � happen, If you don't increase the taxes, something else has to go up. lithbt you Increase taxes or you don't increase, but you cannot get gaay withbut A :Waking a decision this year on increasing revenues. ,.:. Commissioner De Yurret Something has to give. : Mr. Odiot If you do not increase revenues, call it what you call it, it will not balance the budget. i Commissioner De Yurret OK. S Mr. bdiot And I believe you're making a mistake by setting a lower millage today and if you need the monies, you won't have them. Commissioner De Yurre. Well, let me say this. Your position is, that 3 something has to give? Mr. Odiot Yes, air. And you have to make that decision. Commissioner De Yurre: OK. Something has to give and I'm saying that if r something has to give, it isn't going to be the millage rate. Mr. Odio: OK. Commissioner De Yurre: That's my... something else may have to give and we'll cross that bridge when we get to it. But at least that's my feeling is that I will not vote for any increase beyond the nine point nine five or five one, whatever it is. Vice Mayor Dawkins: I sit here... Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: ... each year and go through this exercise and I've said each year that we are not being fair to the residents. It's impossible to - continue to provide the same level of services that we need and do not talk in terms of revenue. Police uniforms cost more, ammunition for guns for them to practice cost more, gasoline and tires for fire trucks cost more, the cost of living continues to go up and when you say that you're going to provide the same level of services without additional revenue, you're fooling the public. Now, when we run around here and sell a piece of property, it's a drop in the §'E bucket... to balance the budget, what piece of property you're going to sell next year? When you run around here and you raise a users fee here, what users fee you're going to raise next year? Somewhere up here, somebody has=to make a decision, where the revenue is going to come and what we're going to do with it. Now, you can talk about not going to ten mills but... I'll be voting` to go to ten mills... and my reason is this, at ten mills there's a constant stream of revenue on which to count. When you start talking about users fees, if you're going to put it on gasoline, people may stop driving, therefore the revenue that you projected to come off of gasoline may not come because people are driving less and if we keep laying people off, they won't have any .money to buy gasoline, so therefore that revenue will dry up. But up here, three of us as a minimum, have got to make a decision how we are going to provide the Y critical services needed by the City of Miami and how we're going to pay for it. tkYt� Commissioner Plummer: There's only one thing you left out, and I agree with ' everything that you said, but there is one other way and that is to out expenses. Now, there are areas in which expenses can be cut. The Manager has proffered some and I think a lot more used to come. I've already stated my F thing in reference to the user fees. I will vote for the ten mill to give us` the flexibility between now and October let. I concur with you, Commiseioner, De Yurre, that they are going to be hard pressed in the adminiatratio .to convince me to go above the nine five nine five, But, let's just . talcs -j.ato consideration, if that hurricane that is down there today, comoo thrgV#b thJV town, we're going to be approximately three million dollars ,move short 'thy what we are, So all I'm saying is, l want the flexibility bwca44e i:ypg. 49 1y 2# K I Y rv"Lc f; mF t don't build it in today under state law, as crazy as it is, you cannot go baek `,. October 1, and sale, I want to raise it a half a mill. I'm saying, I want that flexibility at this particular point and I'm also saying as you did, that I don't know that anything that the administration can convince me of to make the vote above the nine five nine five but who knows what could happen between now and October 1, and I want that flexibility, just in case. x: Commissioner be Yurre: Let me add also that in this year's budget which certainly has been critical as far as coining up with the numbers, that I feel that the administration with the guidance of our City Manager, has done a verb ;. good job of cutting and looking for ways of finding money or you know, cutting back on expenses, so I want that on the record that they've been doing their job. Mr. Odio: Victor, let me say something. I think you need to know this and sometimes we don't have time. I, to my, amazement, OXt I look... I began to look at more numbers yesterday because I've been debating with this budget for a month now. That the City budget from 1985-86 to 1991, which is the one that we're talking about, has grown seven percent in expenses, seven percent. While at the same time, I feel the cost of living has gone up about twenty-six percent, twenty-four to twenty=six percent. Those are millions of dollars we had to make up from somewhere and they came from expenses. What I'm saying, in the long term, is that decisions have to be made to provide the City with a stream of revenue that you will be able to maintain the same level or better services than we're providing today. If not, because then the next cut, we have already reduced as you saw, almost eleven million dollars of this year, next year's budget by eliminating travel and other and going through every single line item. But how far can you keep cutting without then beginning to talk about what... well need to eliminate twenty police officers and the fire department is already strapped for fire fighters... See, this is why... I think this is one critical decision that you will be making this year as a whole body on setting a stream of revenue for years to come. Commissioner Plummer: Well Mr. Manager, you know the one thing we've never been able to convince the public and the newspapers don't help us, is the fact, as my father used to say, don't tell me you didn't raise my taxes, I'm paying more money. We don't set the assessment and that's where the perception of the public comes that we're raising their taxes. WeIre not raising their taxes, the assessment on their property has gone up. Dade County conveniently ups the assessment to what they need. Mr. Odio: No, I think, you know Commissioners... Commissioner Plummer: And the perception is, you know, I'm paying more money. That's what the homeowner looks at. Vice Mayor Dawkins: No, that's not a perception. Commissioner Plummer: My check is bigger this year than it was than it was last year. Mayor Suarez: This doesn't need to be... what could you possible argue against what he just said. We all know that that's the case. Mr. Odio: No, no. I was going to say that the biggest mistake is, for us the City, we haven't raised taxes in five years, that when the people get the bill, they don't know the difference between school board, the debt service of the school board, the County raising this, the County doing that and they get the same bill and then the City of Miami is down here... Mayor Suarez: And get it all into an integrated bill which also includes the assessment... Mr. Odio: Which is bad news. Mayor Suarez: ... which in some cases has gone up. Let me just correct one misimpression that's being given here about this future streams of revenues. I don't know what you mean by that Mr. Manager, but the fact that you net this year's millage rate at ten which I'm not going to vote for, so perhaps it won't happen, would not set future streams of revenue, it is one year's determination of the millage rate and each year is a one by one. I don't know the implication is, that somehow by doing is, you have assured the future of our citizens, I don't know... it's one year. 5o July 26* 199,0 u � ;i i lz4 1; Ski, N r., Mr, Odio: No, i was not referring to the millage rate, I'm talking, i said that you need find... NZ Vice Mayor Davkinst He didn't say that, I said that. Mayor 4uarea: And he echoed it, 'n" Vice Mayor Dawkinst The Mayor didn't say that. Miller Dawkins said that, �u Mr. Odio: .., stream of revenues that necessarily are not property taxes, only because once you get the ten mill, that's it. ,r Mayor Suarez: Exactly. If you're going to make the argument, you would actually make it the opposite. You would want to have a cushion, you Mould &' ,s want to have some leeway to increase the millage rate, if you did have a year, , which involved you know, some additional expenses and by the May, we do now have an emergency fund in place and we're not going to go below the six million and yes, this is going to involve and I agree with Commission De Yurre, that you've done a good job of reducing many expenses. We've also absorbed, you didn't mention this, we've absorbed in the last five years, the reductions in the general revenue sharing income that we were getting which was about 8.2 million dollars... Mr. Odio: And Gates. Mayor Suarez: ... We've absorbed the payments in the Gates case, so I'm not saying... Commissioner Plummer: Plus the tonnage of garbage. Mayor Suarez: ... yes. Mr. Odio: But what I'm saying... that's what I'm saying... Mayor Suarez: The one thing I do disagree with my colleague, the Vice Mayor, is that the services cannot improve even as the millage rate decreases. They can improve, they must improve. And by the way, we have had a good year in terms of the assessments going up by four percent, or the valuation rather. Roughly half of that is made up of new construction, the other half is made up of assessments. In areas where the valuations have in fact gone up, Coconut Grove, obviously, property is more valuable in Coconut Grove, we're happy that it goes up, we're happy that the people including three of us who live in Coconut Grove and the Manager, three of us who live in Coconut Grove and the Manager are going to have to pay more taxes next year because there are people who can afford to pay more taxes, because the valuation increases. The point though is that the City is gone up by four percent, we should be able to retain the millage rate and not go up and I want to correct Commissioner De Yurre slightly what he said, that this is the millage rate that we've had for the last five years. This is not the millage... Commissioner De Yurre: I said for the last few years. I didn't say any particular amount. Mayor Suarez: Right, OK. It's actually been reduced from 9.84 so that's the. correct trend we need people who live in City of Miami, we used people to support our infrastructure and we need people to support our budget and this to me, can be done with the nine five nine millage rate. Commissioner De Yurre: Let me ask this, because... are we in... and this is something that looms year after year, the concept of legally obligating people that work for the City to live in the City. Is that something that is feasible? Is that something that can be done? Mayor Suarez: There are constitutional opinions in the state of New York that says you can require. Mr. Fernandes: Yes. Commissioner Plummer: You mean City employees? ' f.s S Jul 20 " r Commissioner De Yurre: that... 3F r 90 that'a something that can be done. My censarn 11 Ctsamishioner Plummer: On new employees... you can't... Mayor suares: I think in that case, they can't employees, but certainly to new employees. Commissioner Plummer: Yes. Then better be prepared their moving. Vice Mayor Dawkins: Why? Commissioner De Yurre: Because we're talking about you know what, two hundred, approximately two hundred million dollars that could be spent in the City as far as purchasing homes, bringing up the value of the... Mayor Suarez: Economic impact of everybody having to live in the City. , Commissioner De Yurre: Sure. For example, the fire fighters, how many fire fighters do we have? Mr. Odio: Six hundred and eighty something. Commissioner De Yurre: How many of those live in the County? Mr. Odio: I believe a lot of them live in the County. A huge majority of them live outside the City limits. Commissioner De Yurre: So how many live in the City? Mr. Odio: I'll have to get that number, very few. Commissioner De Yurre: I think it was like fifty-one, they said. Mr. Odio: Right now sixty or eighty... fifty or sixty of them. Mayor Suarez: Ten percent. Commissioner De Yurre: Ten percent of our fire fighters live in the City. Mr. Odio: I began to check that yes, but what I don't understand is, a pre- ' employment requirement that for a firefighter who lives in the City, to be hired, and then how can they move out after... Commissioner Plummer: You know, somewhere along the line, we've got to remember a little history. Howard, I think you were here when we made the boundaries of the hiring of firefighters and policemen just within the City of Miami. And I'll tell you, it did some good things, but let me tell you, we had one hell of a problem trying to find people to put into the academy. There is a down side on that. We went from, in the police department interviewing four to get one in the academy, we went to sixteen interviews to et one in the academy. So , y g trying get the g y. , you know, you're right in tr in to people to live within the City, there's a sense of pride, there in a sense of commitment, but there is also the down side, and I think that if you ever move that way, there's got to be an area of compromise. F Commissioner Alonso: But we can ask that they move into the City. Mayor Suarez: And give them incentives to move into the City. Commissioner De Yurre: Oh, but then it also, you know what it tell me also, that hey, I'm willing to work and make money in the City, but I'm not wil.1J#O to live there... you know, which is pretty sad. 44 ti Mayor Suarez: And Mr. Manager, I think we have, despite some of the other things you've done, we have been really, really derelict in not creating the Incentives for them to move into the City. This could have been done ins* f many different ways, you could have a differential... 3. s: Commissioner De Yurre: Yes, they can take their fire truck huge at nht, �. i% 52 July 20a t�T2 �'Y3fe 0 7V t Mayor guatoat gure. A differential... do we have a spacial one of theta f6r 5 Mr. bdiot U6110 let as tell you Mr. Mayor, we gave the police officers the incentive of having a patrol car take-home program. Commissioner Alonvot It we do that, we can got a pass because most of them do. A Mr* Odio: That it, just by taking that car home, they're saving twenty-five hundred dollars a year. Mayor Suarezt And you have not applied that program Citywide, so we've got eight out of ten people taking care home and the rest of the City don't live in the City. Why don't you at least begin by restricting, you'll see how many People move into the City if you require them, if they take a car home to live ,V c7, g , in the City of Miami like we need to require police officers. Not to mention that the reduction in the claims from the people who drive beyond the City limits to got home and have accidents and allege that they were going into work or coming back from work, not to mention the fact that we're trying to foster affordable housing projects in the City of Miami. We need to create incentives for people to live in Overtown/Park West, to live in Edison Towers, to live Rio Plaza, etc, etc, and the new ones in Allapattah if we ever get them built... I think we've been really, really slow in that and we've lost a lot ' of money in the process and I join Commissioner De Yurre in his initiative... if you want to make that into a motion, that we find ways to, at least for those that are taking a vehicle home, require that they live in the City, I will second it and I think we're going to save money right off the bat. Commissioner Alonso: Definitely. Commissioner Do Yurre: Well, you know, if we're looking for ways of increasing our base, you know, what better way of doing it than asking our own to say, hey, be a part of this effort. Commissioner Alonso: That's an excellent idea. Mayor Suarez: No inspector who takes a car home should live outside of the City of Miami as far as I'm concerned. You should leave that car in headquarters some place, and pick it up in... Commissioner Do Yurre: Why don't we make a motion for the administration to study different ways of implementing this? Mayor Suarez: OK. Commissioner De Yurre: And that will be my motion. —Oi Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: roll. 9-11 Any discussion, further discussion? If not, please call the 53 The following motion was introduced by Commissioner De Yurre, its adoptioht MOTION NO. 00-S80 A MOTION INSTRUCTING THE CITY MANAMR TO STUDY AND AXCOMMEND INCENTIVES WHICH MOULD ENCOURAGE CITY EMPLOYEES TO LIVE WITHIN CITY LIMITS= AND TO COME BACK WITH A RECOMMENDATION BY THE FIRST MEETING Its SEPTEMBER. Upon being seconded by Commissioner Alonso, the motion wait 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 NOBS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: What time limit on him doing this? Mayor Suarez: Early, the first meeting in September. Vice Mayor Dawkins: OK. Thank you, Mr. Mayor. Commissioner Plummer: I'll vote yes for the study but I've got to look at it. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: All right. On the millage rate for the City of Miami, we did need a motion, either way. Commissioner Plummer: I'll move it. Mayor Suarezt Moved at ten mills. Vice Mayor Dawkins: Second.- Mayor Suarazt Seconded. Any further discussion? If not, please call the ti roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND z SECONDED BY VICE MAYOR DAWKINS, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTEt 'tJ AYES: Commissioner J. L. Plummer, Jr.' Vice Mayor Miller J. Dawkins ' n NOES: Commissioner Victor De Yurra61 Commissioner Miriam Alonso Mayor Xavier L. Suarez k ABSENT: None. Y yssj Mayor Suarett:t I'll entertain a motion on nine five nine, vhatever it vas, they existing one. En ' E Commissioner De Yurre: Moved, nine point five nine five. Commissioner Alonso; Second. r Mayor Suarez; So moved and seconded by Commissioner Alonso, Any 4$$Cusstaj%? if not, please call the roll. I r 54 Ili.T'�,y4 R.*�.h3,t'yRu,Yy 34• N Is The following resolution was introduced by Cofthissioner De Yurro, Vbo coded its adoptions RESOLUTION 140. 90-581 A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991; INSTRUCTING THE CITY MANA09R TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE DAD% COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. (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 Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to vote yes, because that's what it's going to take to pass but I sure hate to give up the flexibility in case an emergency were to arise between now and October 1st. But nine five nine five is what's going to pass and I'll vote yes, because I've stated for the record, I'm not voting beyond that unless there were a real demonstration of an emergency. But I'll vote for the nine five. Commissioner Alonso: Since we have a fund balance of six million I don't think we have to be concerned about an emergency, we can take those funds, I vote yes. Vice Mayor Dawkins: I'm not going to hide behind any excuses. I feel that we need funds to run the city of Miami. I'm voting no, because I would like to have the ten mills but that's what I, as a Commissioner, feel is needed to run this City of Miami. COMMENTS MADE AFTER ROLL CALL Mayor Suarez: Item 9. DD... Mr. Fernandez: No, Mr. Mayor. Mayor Suarez: Yes. Mr. Fernandez: I don't recall whether a vote was taken on the debt service. No, no the two... Mr. Fernandez: You need to deal with that then, if you're dealing with it separately we need that. Mayor Suarez: on... We've discussed it previously so I'll entertain a motion Commissioner Do Yurre: Yes, it's the exact same amount as last year. Mayor Suarazs Yes, the exact same rate as... Two point three three eight one. s. r fY 06ftibbibtior De turret i move it, the amb debt service. Mayor Suareet OK. So moved. ... �tstweissit3ner i�lwnraert $et:ond. *i Mayor 8daregt Moved and seconded. 1 will... Mano, please provide me or Mr. City Attorney actually... Mr. Fernandett Yes. at or Su Mayor arext ,.. with supporting says that we can documentation that a y set the millage rate to produce more income than we really need to... Mr. Fernandezt Yes, of course. 4 Mayor Suarezt ... satisfy existing debt service requirements passed by general referendum. So moved and seconded. Any further discussion? If not, Yh please call the roll. " The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-582 f:. i A MOTION SETTING A TAX OF 2.3381 MILLS ON `i''iM DOLLAR TO PROVIDE FOR THE PAYMENT OF MATURING PRINCIPLE AND INTEREST, CHARGES AND REQUIREMENTS RELATED THERETO OF INDEBTEDNESS INCURRED BY THE CITY IN FY 190-91. .: [NOTEt The essence of this motion was included in R- u_ 90-581. ] Upon being seconded by Commissioner Plummer, 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 k NOES: None. - ABSENT: None. t - - -------------------------------------- --- - ---- ------- F' 15. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO All L ESTABLISH PROPOSED MILLAGE RATE OF .5-MILLS FOR DOWNTOWN DEVELOPMENT S DISTRICT FOR FISCAL YEAR OCTOBER 1, 1990 - SEPTEMBER 30, 1991. F¢ Mayor Suarez: Item 9, Downtown Development Authority millage rate. You're �t r.; asking for the maximum, Mat. h Mr. Matthew Schwartz: Yes, half mill which will generate one million four hundred and seventy seven thousand dollars. Commissioner De Yurre: Is that the same amount as last year? sr Mr. Schwartzt No. It's a decline, the millage is the same but there is a ono rn� percent decline in assessment in downtown Miami. Commissioner De Yurre: OIL. I'll move it. ' Mayor Suarez: So moved, J - Commissioner Plummer: How can there be a decline? ' Mayor Suarez: There's a slight drop in the valuation of dOWntoWn prQi+a�'��z� in tho last year, one percent. There have boon a few buildiaSs that hdvA bead 50 T in trouble downtown, I guess would be the main reason. There has ptabably ,r bsali' a few cofitest too, of valuations. �3 Comstirsioner Alonso: It's because of demolition or it's because of d6valuation? Commnissioner plumtr is that park West that's done that? c Mr. Schwartz: No, no. There's a significant... s Mayor Suarez: Yes, I hope it isn't park West. Park West has been a counter trend in the home. t" Mr. Schwartz: There's been a significant increase in Park West. Arena Towers is now going to go on the tax roll. Mayor Suarez: We know that, Matthew. Can you give us any examples of some y that have gone down? Anybody who has contested their valuation? Didn't Tibor Hollo contest his and some other people? Mr. Schwartz: Even if you contest your valuation... the Venetia, the Centrust, Miami Center were in contest for a number of years, even though they ' are cut... Mayor Suarez: And they were finally resolved in favor of the owners so that the valuation cannot lower, is that what took place? Mr. Schwartz: What happens is, just for that one year, then the County reassess it and goes back but based on I guess, revenues generated by the buildings, generally lower rents than downtown. M-.Ayor Suarez: Some buildings were losing money so they asked for as assessment downward and the won after a couple of years of litigation. Commissioner Alonso: So actually, existing buildings, the valuation went down? Is that what you're saying specifically? Mr. Schwartz: In total some buildings went up but as it, overall, it was at one percent decline. Mayor Suarez: Some buildings did go down, and you gave three examples. Mr. Schwartz: Yes. And in September, I'll be glad to give you more detailed information. Mayor Suarez: You have any idea of now construction that ki offset that?... that came on the rolls? I guess, just Brickell Key? Mr. Schwartz: In the last year, besides Arena Towers and Overtown Park West, nothing. Commissioner Alonso: Nothing has happened. Commissioner Plummer: Nothings Mayor Suarez: Brickell Key doesn't that come under the... {' Mr. Schwartz: Yes, the apartment building at Brickell Key plus Courvoisier Center, Mayor Suarez: It's about the only major one. OK. Do we have a motion and a second? Ms. Hirai: Need a second, Mr. Mayor.? Mayor Suarez: I'll second. Commissioner Alonso: Oh, yes. Mayor Suarez; Seconded by Commissioner Alonso. Any further 4Jscusx$g4? not, please call the roll.' t 3 57 July 4+, J Syr fn i The following resolution was introduced by Commissioner DO Yurre, wilt! A droved its adoptions ' ABSOLUTION N0. 90-563 'd `. A RESOLUTION AUTHORIZING TIM EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED MILLAGTi RATE OF . 5 MILLS FOR THE DOWNTOWDEVELOPMENT DISTRICT Or THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL �- YEAR BEGINNING OC'TOBER 1, 1990s AND ENDING SEPTEMBER z, 30, 1991. (here follows body of resolution, omitted here and on Ar- file in the Office of the City Clerk.) Y� Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS-. Commissioner J. L. Plummer, Jr. ABSENT: None. 16. AUTHORIZE TRANSFER OF $350,000 TO DOWNTOWN DEVELOPMENT AUTHORITY AS ADVANCE PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY, BEFORE END OF 1990-1991 FISCAL YEAR. Mayor Suarez: Transfer of funds in the amount of $350,000 to the Downtown Development Authority from the General Fund as an advanced payment of ad valorem proceeds to be repaid out of ad valorem taxes to be received from Dade County. Vice Mayor Dawkinss Move it. Mayor Suarez: Moved by Vice Mayor Dawkins. Commissioner Plummers Second. Mayor Suarez: roll. Seconded. Any further Oiscussion? If not please call the Mayor Suarez: When does it get paid back, Mat? Vice Mayor Dawkins: They caught with a loan? Mr. Schwartz: Usually in November/December. proceeds come through. It's paid back when the first Vice Mayor Dawkins: As soon as they get their money. Mayor Suarez: OK... Soon as they the time. Call the roll. 58 . V ..r r The following resolution was introduced by Vice Mayor Dawkins$ who mad its adoptions Y: RESOLUTION NO. 90-554 Y A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $350,000 TO THE DOWNTOVN DEVELOPMENT _ AUTHORITY FROM THE GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF AD VALOREM 1' TAXES TO BE RECEIVED FROM DADE COUNTY BY THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY {` BEFORE THE END OF THE 1990-1991 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE CITY AT THE RATE OF 6% PER } ANNUM, AND AUTHORIZING $100,000 OF SAID TOTAL AMOUNT' TO BE MADE AVAILABLE IMMEDIATELY. yt�� 4, Lv. (Here follows body of resolution, omitted here and on y'}y; file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre ` Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez` NOES: None. ABSENT: Noise. 17. AUTHORIZE CONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. - TO INCREASE THEIR EXISTING REVOLVING LOAN FUND BY $690,000 AND TO PROVIDE $250,000 FOR THEIR ADMINISTRATIVE OPERATIONS (JULY 1, 1990 - JUNE 30, 1991) - FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. -------------------------------------------------.. -- - Mayor Suarez: Item 11, Contract with Miami Development Inc. Commissioner Plummer: Move it. Vice Mayor Dawkins: Move, second.°'.. N:. Mayor Suarez: OK, moved and seconded. Any discussion? If not, please call r�3 the roll. �F The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-585 `s A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER �o INTO A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT INC. (MCDI) WHICH PROVIDES $690,000 TO INCREASE THE EXISTING REVOLVING LOAN FUND (RLF)z AND PROVIDING $250,000 FOR THE ADMINISTRATIVE OPERATIONS OF MIAMI CAPITAL DEVELOPMENT, INC. FOR THE PERIOD OF JULY 1, 1990, TO JUNE 30, 1991, FROM THE SIXTEENTH (16TH) YE" COMMUNITY DEVELOPMENT BLOCK GRANT FUND; FURTHER �k REALLOCATING $83,500 FROM ITS IMPORT/EXPORT REVOLVING LOAN PROGRAM, TO THE REVOLVING LOAN FWD PROGRAM. ;} (Here follows body of resolution, omitted here and one file in the Office of the City Clerk.) s t Upon being seconded by Vice Mayor Dawkins, the resolution vaR passed 4*04 F 'x- adopted by the following votes4� 59 July 260 IV � J� t Ef . t1 ♦ d .n t 'Y fifi33Y r� �*&K } ;2 AYBSi Cofnittibtaer 'Victor Do Yurre ��.• Cota�iasioner J. L. f�iutrd►ar, Jr. '= r`; ' Comiaisiontr Mitiam Alonso Vice Mayor Miller J, Dawkins Mayor Xavier L. Suarez=x None. r y A'MSRNT: None. ;= iy - ._ Wwai.e��w.u—r—i rw arYwrial�. --wr---------.w.rY-rrrrri►Irrr�lli.Wfriil�b�.ir:WY.riit+iYiiY1Y. °. 181 APPAOV� ISSUANCE 4F HOSPITAL REVENUE BONDS, SERIES 1990, BY THE MIAMV - HEALTH FACILITIES AUTHORITY (PAN AMERICAN HOSPITAL CORPORATION PROJECT) n ($150000,000). r--------------------------- -----------------------------r--awr—r�i.rw+�wWii+YiW.r— Mayor Suarez: Item 12. 7 k Commissioner Plummer: Move it. Mayor Suarers Health Facilities Authority. Moved. a Commissioner Alonso: Second.^" rF' Mayor Suarez: Seconded. Third it.' Any discussion? If not, please call the } J, roll. The following resolution was introduced by Commissioner Plummer, who moved its adoptions r s" RESOLUTION NO. 90-586 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVINGS THE ISSUANCE BY THE CITY OF MIAMI, FLORIDA, HEALTH _. FACILITIES AUTHORITY OF HOSPITAL REVENUE BONDS, SERIES 1990 (PAN AMERICAN HOSPITAL CORPORATION PROJECT), IN AN AGGREGATE AMOUNT NOT TO EXCEED $15,000,000, FOR"THE PURPOSE OF PROVIDING FUNDS, TOGETHER WITH OTHER AVAILABLE MONEYS, TO FINANCE THE COST OF (i) ACQUIRING, CONSTRUCTING AND EQUIPPING CERTAIN CAPITAL IMPROVEMENTS TO PAN AMERICAN HOSPITAL INCLUDING, m WITHOUT LIMITATIONS, REIMBURSEMENT TO PAN AMERICAN HOSPITAL CORPORATION FOR CAPITAL IMPROVEMENTS TO PAN AMERICAN HOSPITAL PAID FROM INTERNAL FUNDS, (ii) X FUNDING A DEBT SERVICE REVENUE FUND, AND (iii) PAYING CERTAIN COSTS OF ISSUANCE WITH RESPECT TO THE SERIES e,_ 1990 BONDS. here (Here follows body of resolution, omitted and on w file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following votes r _ AYES: Commissioner Victor De Yurre e� p. Commissioner J. L. Plummer, Jr. '. Commissioner Miriam Alonso ry� ' Vice Mayor Miller J. Dawkins �y3, .: Mayor Xavier L. Suarez HOES; None, } ABSENT: None. COBS MADE DURING ROLL CALL: Coaraissioner Alonso: I'll like to slake a suggestion to t ig` . Hospital that perhaps, they could consider providing act:, �j,400" as i�a citiaens, residents of Miami, that they can provide aaprvi.90, 440 people to them. I'd like for them to think about that *ad I �►otar 1'e►�r n btu If q aJ^ vFti, ref r '4"•, 14 COMMUTS MA'DR AFTER ROLL , CALL t / < Bide Mayor Oawkinst You want to be heard? ,+ k Mo. Carolina Calderint If she want me to answer her on that. I think wry aid► the second hospital that is providing card to the indigents in the atilk - After Jatkson, we're the ones that provide indigent came, I want you to khow.. "t Mayor Suarez: gut emergency) too? Me. Calderint Yes. w a� Mayor Suarezt Trauma center like? Fa.. '. Commissioner Alonso: 'Yes, but... Commissioner Plummert No, not trauma. Ms. Calderint We don't have the facilities to provide all the trauma but we 4; 4,a have never sent back anybody and we're the second in the City that is r providing indigent care. Mayor Suarezt But you will take an emergency patient that is indigent. 3 G Ms. Calderin: We do. Mayor Suarez: Would you make sure that the folks over there from the Miami Herald know about that so that they don't keep saying that Jackson is the, only one. Ms. Calderin: OK. Commissioner Plummer: Well, Children's Variety still does. Y y�.,. Commissioner Alonso: Yes. Mayor Suarez: But I don't know about indigents, I think they try to get them x out as quickly as they can, back over to Jackson Memorial. � 44� Ms. Calderin: I'm Carolina Calderin, I'm the CEO (Chief Executive Officer) of Pan American Hospital. Mayor Suarez: Very good. Is that... did that now pass, Madam City Clerk? Did we complete the roll call? t� Ms. Hirai: Yes, air. 5 F; 19. (A) APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO. 1 TO, PROVIDE THAT A CITY COMMISSIONER SHALL SERVE. EX OFFICIO 'WITHOUT ' COMPENSATION AS MEMBER AND AS CHAIRPERSON OF THE OYF-STREET PARKING BOARD - CALL FOR A SPECIAL ELECTION TO BE HELD NOVEMBER 6, 1990. (B) INSTRUCT CITY MANAGER AND CITY ATTORNEY TO STUDY AND REPORT:BACK,' ON THE FEASIBILITY AND LEGALITY OF RUCTING A FE8'.`.FROM. DEPARTMENT OF OFF-STREET PARKING FOR EACH PARKING METER LOCA= IN THE CITY. Mayor Suares: OX. Item 13. Charter Amendment, A City Coanmissionor -shall. f serve ex off Lei* without compensation ae member of tba Off -Street I'arkimg 3 Board, right to vote on all matters come before said Board. Vice mayor Dawkins: Move it. Mayor Suarez: Moved. f ` . Mayor Suarez: I'm sure you're here to Argue la favor of It . 404 we that orSument in a xecond let me just make sure we have a nAovad`wa it, ^ 0 {� t 'Y July 0-� J Commissioner Plummert That's all he needs, is one more boss. d Mr. Jack Mulvenat As you know, I'm Jack Mulvena, executive director of the r. City of Miami Department of Off -Street Parking. Of course, the message from the board of the department of Off -Street Parking also the staff is, that we're not either for or against this referendum. We mould certainly like it 7 to stand on its own merits. But i think it's important to review, if I may, four facts very briefly and perhaps a couple of alternatives that the Commission might want to consider for the referendum. The four facts are that the City Commission has four very important ways of overseeing and all the money controlling the board. Number one as you know, it approves our budget_ and our companion item which is our five year plan.. You approve our rate ordinance, you approve all of our parking revenue bonds and also, you must ratify all of the appointments that the board makes to board members to serve. You know, I went back and looked at the history of the Department Off -Street Parking in detail and your batting rate is one thousand. OK? In the history of thirty -some years, you have never rejected a budget, you've never rejected ' a rate ordinance, you ve never rejects an appointment, certa n y on occas on, you've never okayed it the first time. Mayor Suarez: We've never rejected a rate proposal?' Mr. Mulvena: Never ultimately rejected an appointment or a proposal to the department. Mayor Suarez: A rate proposal, we've certainly have varied them, modified and in some cases, have... Mr. Mulvena: Never have... Oh, you... Vice Mayor Dawkins: Sent it back. Mayor Suarez: ... sent it back and have voted against some of them. Mr. Mulvena: Never sent it back Mayor Suarez: Not the entire rates structure, but some of them. �. Mr. Mulvena: But, each one you edited when it went back, was approved and therefore didn't have to be resubmitted to you. Mayor Suarez: Oh, ultimately, they're all approved otherwise they wouldn't have passed. Mr. Mulvena: So, you know, if I may be so bold to suggest an alternative to the referendum, OK? Number one might be, that you presently have four committee structures within the City. One relating the public safety and the e department would be very happy to, you know, fold into that committee for whatever City Commissioner's perusal that you have appointed to that particular committee. In addition, the department graciously accepts a, actually, extends an invitation to the City Commission to attend in all of our ` board members and our committees, and then, perhaps at the end of this calendar year might, in that time, want to decide whether they want to proceedt with the referendum. I just suggest both of these as viable alternatives to the referendum to achieve the same and. So, with that... x' Mayor Suarez: I would have thought you would come here anxiously asking for V us to add a Commissioner to your board so that you could have that much more of a tight narrow, effective, let's say, linkage with the Commission. Mr. Mulvena: Well the alternatives provide more representation quicker.'' Mayor Suarez: It's interesting. Interesting perceptive you have of the world, Jack. Commissioner Alonso: I like... { 62 Judy 260 19 0 V l 2f u. x �,y tfir Commissioner i'lummors Try to figure out whether he is for or against it Mayor 5uareas I gather he is against it but he doesn't want to $ay it. �. Commissioner Alonso. Commissioner Alonsos Yes. Since we are talking about off -Street Parking §7 Authority, I'd like to make a proposal. In the City of Miami, we sire in desperate need for funds. I've been thinking for some time that perhepsi, and r I'll like today, my colleagues to perhaps take a vote on this and ask the City ,. Attorney to study the legal implications of this. The possibility of adding a_ +.. fee, let's say, $10.00 a month to the ten thousand parking meters that we have = in the City of Miami. I understand that you make eight forty, an average, per �z parking meter, daily. So, if you were to give the City of Miami $10.00 a f= month per the ten thousand parking meters that we have, I think it's an amount that the City of Miami really needs, and I think it's a fine opportunity to ask my colleagues hoar they feel, if it's legal and the City Attorney can check in all the implications. If it's possible, I think it's a great time to perhaps take a feeling of this Commission and instruct the City Attorney to look and then we can work with the Off -Parking. - Commissioner De Yurre: How much does the average parking meter make a month? Mr. Mulvenas It varies of course, but it's usually between seven fifty and eight twenty. Commissioner Plummer: A month or a day? Commissioner De Yurre: A month? Commissioner Alonso: No, a day. Mr. Mulvena: That's a day. Commissioner De Yurre: A day. Mr. Mulvena: That's an average. Commissioner De Yurre: So, we're saying that approximately one day's worth a month be given to the City. So, we're talking about a million, two? Commissioner Alonso: Yes. Commissioner Plummer: That's called tithing. a Mr. Mulvenas Well, yes. I think you'd have to check through our City Attorney, you know, what's committed from those meters for the bonds, etc. You know I might suggest though, with one of the alternatives that we're' suggesting, if one of the City Commissioners come to our board meeting between ' now and the and of the calendar year, when we have several meetings planned, t> they probably are many many other ways, this is one that we could consider to help the City. There are probably many many others that impact as well. We are all however bound by the charter and by the indentures and all of the '. separate bond issues. So, we'd have to check it. Commissioner De Yurre: How many millions of dollars is generated? r Mr. Mulvena: Well, you know curiously, before our time, I also looked back at this when... h; Mayor Suarez: Just so we have the mathematics, Jack. What is the total take t� from parking meters? You've got how many and you're getting how manly per day per parking meter, just so we have an idea. r Mayor Suarez: Ten thousand parking meters. Mr. Mulvenas Actually, we gross about two million dollars in funds from the parking meters. Now, some of those are on our surface lots, some:of those tetra thousand... Commissioner De Yurres Hold it. Something doesn't jive here, t;t 63►."�4, ,��„€ _ ry n i i 4 Mayor Suares: The mathematics somehow isn't right. Commiesioner De Yurre: You're telling me we got ten thousand parking meters andyou're telling me like it's eight dollars a day. r . . CoMisaloher Plummert It's almost three million dollars. 4' Mayor Suarez: That's eighty thousand dollars a day. How many operable days do you have that that average applies to? The three sixty-five or?... X-; Mr. Mulvena: We count them at three hundred and sixty-five days. Commissioner Plummer: Two million, eight. f* ' Commissioner De Yurre: You're talking about mega millions of dollars, twenty - j something million is what you're talking about. << Commissioner Plummer: No, two million, eight. y :5 Commissioner Alonso: That's what the mathematics give.$ ire Commissioner De Yurre: So, something doesn't give here. tf Mayor Suarez: Three hundred and sixty-five times eighty thousand dollars doesn't sound to me. Commissioner Plummer: It's two million, eight hundred and twenty thousand dollars. Mr. Mulvena: Maybe the average is determined by the Monday through Friday, I'd have to go back and see what formula is used. Mayor Suarez: We're missing a decimal point here, somewhere. Three hundred and sixty-five times eighty thousand is what Mack? This is the figures you've given us. Commissioner De Yurre: You're sure we've got ten thousand parking metes?' Mr. Mulvena: But they are not all on the City streets. Some of them are on surface parks. Mayor Suarez: That's twenty-four million dollars that is not two point four; - you've got a decimal point problem, Jack. That looks to me like twenty-four �. million. You've got a problem. Commissioner Alonso: That's what they say they average, about eight forty a day. t Mayor Suarez: What's been happening with the other twenty-two point four million that you're not accounting for? Twenty-nine million dollars. Nov, s' Commissioner pointed out a decimal problem here. What are you doing with the }` other twenty-seven million dollars? Mr. Mulvena: Let me go back to the gross, there is obviously something wrong in the equation. Commissioner Plummer: The hell is going on? t Mayor Suarez: May we find out in the back over there if this building is coming apart or what, we're having a tough time... would the former City Manager handle this, please? Any repairs maybe could be postponed Mr. Manager, would you give instructions to?... INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: They listen to you, see. s; Commissioner Plummer: Hell, they didn't do it when you vere Manager. Mayor Suarez: You're getting better. Commissioner De Yurrec Well, where are we at? t i dA duly 16', r �a --x AX V: _`. Mayor Suarez: They want to be consistent, they don't do it when y+ou're gar Manager, they► do it when you're not. :<? Mr. Mulvena: Actually, in response to Commissioners be Yturre's..6 the groat amount of income from the motors that are on the streets is two Million dollars. 'Novi, that's on the City streets. There are approximately two thousand meters that are in surface lots which you know, don't.normally eaunt. Commissioner be Yurre: hut, you're telling me that the average meter... Mayor Suarez: I'm sorry, we're going to have to table the item because we're got a mathematical problem and I don't Kant the record to reflect that we cannot got our executive director of the Parking Authority who is here to tell us not to add a Commissioner to his' board, basically, that he cannot straighten for us, the mathematics of how :ouch he is getting from parking meters. Sounds like you're getting thirty million dollars, Jack. Why don't you take a seat. We'll table the item, figure out the mathematics and give us some correct numbers. Mr. Mulvena: Fine, I'll be very happy to do that. Mayor Suarez: It cannot be eight dollars per meter per day, for ten thousand meters, it just doesn't add up. So, please, let's table the item and give a little time to work on the mathematics. Mr. Mulvena: I can get that for you before the day is out. Mayor Suarez: Thank you. Maybe even before the morning is out. Mr. Mulvena: For sure. Mr. Fernandez: Mr. Mayor, so you're not acting on item 13? Commissioner Plummer: Not yet. Mayor Suarez: 1 think we're all about to add a Commissioner by ordinance if... anyhow, I'll entertain a motion on item 13. Mr. Fernandez: All right, OK. I Commissioner Alonso: Yes, we have a motion and a second. Ms. Hirai: Yes, we have a motion. ,t Vice Mayor Dawkins: He's got to come back, doesn't he? Mayor Suarez: I don't think our vote depends mathematics right, at least not my vote. Commissioner De Yurre: Call the roll. Commissioner Plummer: Wait a minute. We're talking about the... Mayor Suarez: Adding a Commissioner. 4� Commissioner Plummer: ... charter amendment, is that correct? Mr. Fernandez: Charter amendment, that's it. r Commissioner Alonso: Yes. Mayor Suarez: Yes. OK, any discussion on the charter amendment? If not, please call the roil. f A. 6 k R t .. u a . .. -.'. fir. f7, .. The following resolution was introduced by Vice Mayor Dawkinej who moved k, ite Adoptions - ° RESOLUTION NO. 90-587 A ABSOLUTION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO PROVIDE THAT A CITY COMMISSIONER SHALL SERVE EX z OFFICIO WITHOUT COMPENSATION AS MEMBER AND AS CHAIRPERSON OF THE OPF-STREET PARKING BOARD WITH THE RIGHT TO VOTE ON ALL MATTERS COMING BEFORE SAID BOARD; MORE PARTICULARLY BY AMENDING SUBSECTION (b) OF a.: SECTION 23 OF SAID CHARTER BY ADDITION OF PARAGRAPH - (ii) TO SAID SUBSECTION AND BY AMENDING SUBSECTION (c) _ OF CHARTER SECTION 23; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER, 1990, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO.1 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (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 voter A 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 DURING ROLL CALL: Commissioner Plummer: I'm going to vote, yes. US. COMMENTS AFTER ROLL CALL: Mayor Suarez: Item 14. This is the setting of salaries. Commissioner Plummer: Mr. Mayor, that... Commissioner Alonso: Excuse me, Mr. Mayor. Mayor Suarez: Yes. Commissioner Alonso. Commissioner Alonso: Are we going to wait when he comes with that answer and then, I'll like to... Mayor Suarez: Oh, yes. Commissioner Plummer: Yes, sure. Commissioner Alonso: ... use that motion for the ten dollar fee. Mayor Suarez: Oh yes, and we'll get to that. Because to take ten dollars if the numbers don't add up, it's going to create a problem and then I would alpo like to tell you a little bit of the history of how we did that. Commissioner Alonso: Yes, but I'm certain they make eight forty... 66 July 30.4 1�� Na -k 'rlf FyT. 4 MAy6r OUttOtt Potty pet Meter, . ' d6misr!ionet Aibnso= ... per meter. They have ten thousand and they told &A, {-• this was daily therefore... Mayor guarest It may be. Mr. I can correct that. That was my fault. It was not dairy, 'u ,Mulvena, that's a monthly rate. �- Mayor Suarez: I *as going to say per month, it sounds like. Mr, Mulvena: Yes, I apologize. The daily rate by the way... Commissioner Alonso: How could you... excuse me that I ask this question, but I have no choice. Mr. Mulvena: Sure. Mayor Suarez: Yes, before you were out by a factor of ten, now it's a factor # of thirty, Jack. I want you know, you're going from a day to a month. Commissioner Alonso... r Commissioner Alonsos How could you possibly confuse daily to... Mr. Mulvena: Well, here's the way I confused it. Our major meter producers L ;. are those down on the Biscayne Boulevard and they do in fact make between ' ' seven and eight dollars daily, but of course, they're servicing the Bayside �:. area on almost a twenty-four a day. The rate is basically a monthly rate, that rate and not a monthly rate. Commissioner Plummer: And if you're talking about a work day week, you're only talking about twenty days a month. Mr. Mulvena: Exactly. We don't collect the meters and it is very seldom; used on the weekend, so. But that's my fault, that's how I confused it,, ,^ Commissioner, I apologize. �4 Mayor Suarez: OK. Since we're into that and for Commissioner Alonzo's 5 benefit. When I first came on the Commission, I remember there had been a battle going on for I don't know how many years, let by Vice Mayor Dawkins, on - trying to take some of the surplus funds, identify the surplus funds of the f` authority to use for a variety of City projects, both capital and operating. That battle involved, as you will see on your proposal, many memos backand forth on the legality of it, they did their best to make sure that we ddn't> get our hand on that money. We ultimately did and we appropriated for two " years straight I think, maybe... ' Mr. Odio: Five hundred thousand. Mayor Suarez: Five hundred a year for a couple years. Then they said that... Mr. Mulvena: It's for one year, a single year only. Mayor Suarez: ... a one year. Then they said ultimately that they had �7 -` basically now gotten to a situation where they had a wort of had a steady ; } ' state, you know, they had no surplus funds anymore and so they couldn't S_ e, us any more money and that's what it's been for a couple of years, lf.ija connection with the Commissioner's proposal, it is found that we con exact, a R" certain rental fee for City purposes from the use of the meters and still: maintain your bondable rate, you know, abilities and so on, it's as good a way, °r t as getting in at the and to get it at the beginning as a rental, as it is at the and to get it as an excess fund to go back into our hot hands, not to say our hot little hands. • " , : ven u r. MMlaWellMaor, as you know, the Commissioner has been very, h- , y , y mean, our board has been responsive to the suggestions you've mios- I ku, L Mayor Suarez; Well, you've never come with the Money to oifor it to "w1.wt you do, when we ask for it, you do kind of you know, nogotiate with upj 7�0. `.t _a 41 +cardissioner �ititl�lief 3 kverltthittg but a check. e: x i 5 Mayor Suarets 86 if you want to make that into a motion to look at it and,,, Mid. Mulvenas You know, one thing t would like to say about the meters which } � " . you know, we're awfully proud of nationally and that is between the Mayor's effort# and Cowhissioner to 'Yurre'a efforts, we probably have the Moat �`.., k` democratic process in the united States regarding putting in meters and taking a� . them outIn other words , the property owner must sign a form, it moat be =4: approved by your City Manager and the cant y g y ' go in or out with that process F and frankly, there is nothing like it in the country. ' Mayor Suares: And you've had them in both directions, you've had people who `r have requested them. ' Mr. Mulvena: Yes. Mayor Suarez: I have had some recently that requested... Commissioner Plummer: Yes, control. Mr. Mulvena: That's why it... it's evened off, yes. Mayor Suarez: ... and you've had quite a few that have asked for them to be removed. Mr. Mulvena: It's quite a Testament, I think. ' ' Mayor Suarez: All right. If I read the spirit of the motion correctly, is that the City Attorney and Manager both look at the legality and the feasibility of exacting a fee for each meter that's in the City to go back to the general revenues or our discretionary use. <' Commissioner Alonzo: Yes. And then the amount will have to be set by us according to whatever is the real amount that they receive and... Commissioner De Yurre: Whatever is available. Commissioner Alonso: Exactly. Commissioner De Yurre: Legally. Mayor Suarez: And you're going to have to determine what is available. You're going to have to show us your budget and so on. Mr. Mulvena: We'll take a look. Commissioner Alonzo: Yes. So I move in this, um huh. Mayor Suarez: So moved and second for that study and report back to the Commission. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonzo, who moved its adoption: MOTION NO. 90-588 A MOTION INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO STUDY (AND TO REPORT BACK TO CITY COMMISSION) THE LEGALITY AND FEASIBILITY OF EXACTING A FEE FROM THE DEPARTMENT OF OFF-STREET PARKING FOR EACH PARKING METER LOCATED WITHIN THE CITY OF MIA,MI) FURTHER STIPULATING SAID FEE WOULD BE DETERMINED BY THE CITY COMMISSION AND WOULD TO INTO THE CITY*$ GENERAL REVENUE FUND, OR BE EXPENDED AT THE DISCRETION OF THE CITY COMMISSION. Upon being seconded by Commissioner Dawkins. adopted by the following vote: the motion Was 04011)esl s ✓ _ . t Alto Comniaaioner Victor be Yurre Commissioner J. L, Plumeri Jr. CommisaionetMiriam Alonso t : Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez : NOES: Nona. _ AESENTt None. COMMENTS MADE AFTSR ROLL CALLS - Ey Mayor Suarelt: This way, if the Herald editorial reads as I expect it will be, that we are tinkering with your very, very credit worthy agency and all that kind of stuff, they won't, well it won't be able to read that way because`R_ interesting... we're actually charging a little rent, that's all. That's an Commissioner Alonso: And they seem to be very happy about it. ,- Mayor Suarez: Yes. And they seem to be excited about the idea of paying rent j for them. Commissioner Plummer: Yes. 20. APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO. 2 TO PROVIDE FOR THE REMOVAL OF PROVISIONS FROM THE CHARTER DEALING WITH CITY COMMISSIONERS' SALARIES - PROVIDE FOR EMOLUMENTS FOR OFFICES OF MAYOR AND COMMISSIONERS - STIPULATE THAT COMPENSATION IS TO BE FIXED BY ORDINANCE - STIPULATE THAT COMPENSATION IS TO BE FIXED BY ORDINANCE - CALL FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1990. Mayor Suarez: Item 14. Commissioner Plummer: Mr. Mayor, item 14 is a matter which I brought before this Cot ission. Mayor Suarez: Yes. Commissioner Plummer: I would like to substitute what is on the agenda today to come more into reality of what I tried to accomplish before. It is very seldom that I ever agree with an editorial of the Miami Herald but what I'm _ doing is tracking exactly the wording of the editorial which was in, the last< time that this City Commission asked for a raise. The real bottom line is that we are probably one of the few municipalities in the state of Florida that have to go to a referendum to ask for a compensation change. This City Commission has not had a change in its composition, or compensation, for forty-one years. The last time the City got a raise, City Commissioners, was in 1949. I now have asked the City Attorney and come up... Commissioner De Yurre: I wasn't born yet. Commissioner Plummer: I'm sorry. Commissioner De Yurre: I wasn't born yet. Commissioner Plummer: You weren't even born yet. Mr. Odios Plummer was a Commissioner. Commissioner Plummer: Well, I was a Commissioner. That it would read the... what I'm proposing would read thusly, shall charter amendment No. 2 Miriam, I know you're going to vote against it but I want you to hear it - shall charter amendment No. 2 be adopted to provide the effective October 1, 199, charter provisions dealing with the salaries of the City Commission bpi r+asoVed from the charter and that the charter provide for the emoluments of offine fog the Mayor and the City Commissioners including compensation and asMod of payment thereof to be fixed by ordinance. All this does, it dues stet set., # salary, what it does is it takes it out of the Aeceesity of a rafereaduua. f �1y 69 Mayor Suarez: I'm just kidding, it isn't. Can you... Mr. Fernandez: There is only one of you. Commissioner Plummer: There's questions been raised about that. Mayor Suarez: Any further discussion? If not, please call the roll. Commissioner De Yurre: For discussions purposes. Mayor Suarez: Yes, Commissioner De Yurre. Commissioner De Yurre: I couldn't agree more with what J.L. is saying. I think it's true. It's a fact. But morally, I feel hard pressed at this point in time with all that we're going through to go to the voters and say, hey, you know, give us the mechanism so we can get our own pay raise, while we're talking about laying off people and looking for sources of money that at least you know, morally, I can't go along with it even though I agree with everything you're saying that we're under -paid and all that goes along with it but you know, I'm going to be voting, no, for that reason. Mayor Suarez: OK. Commissioner Plummer: OK. Mayor Suarez: Any further discussion? If not, please call the roll. -------------- �u don't know of another city that re4uiree that you have to have a referendum to iiat the compensation. We know that every time and i think it's four tithag that I've been around that me'va asked that the City Commission receive What ., consider to be a legitimate raise, it has been turned down. Nov, I dct;t think in using Commissioner Dawkins' argument, that people can say that ifi' r .�. y years, the amount of time that we put in to this City Commissin has fatt =one b„ gone done, it is multiplied many, many times. The only thing I'm saying �s ghat the Herald editorial said, simply take it out of the necessity of a referendum, and I so move. Mayor Suarez: So moved. ;f Vice Mayor Dawkins: Second. ? Mayor Suarez: Seconded. Any discussion of the item? 3 Commissioner Plummer: Here again, the public will decide, not us. Mayor Suarez: Why did you have to in that, the way you have worded it, why is the word Mayor capitalized?... as if they... Commissioner Plummere Ask the City Attorney. 1.1 A RESOLUTION WITH ATTACHMENT, APPROVING, SETTING FORTH f' ter:` AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER: AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO.2, - TO PROVIDE THAT EFFECTIVE OCTOBER 1, 1991, CHARTER PROVISIONS DEALING WITH SALARIES OF THE CITY COMMISSION BE REMOVED FROM THE CHARTER AND THAT THE CHARTER PROVIDE FOR EMOLUMENTS OF OFFICE FOR THE MAYOR AND CITY COMMISSIONERS, INCLUDING COMPENSATION AND '- METHOD OF PAYMENT THEREOF, TO BE FIXED BY ORDINANCE; MORE PARTICULARLY, BY AMENDING SUBSECTION (h) OF SECTION 4 OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER, 1990, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO.2 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (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 and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner Miriam Alonso ABSENT: None. COMMENTS MADE DURING ROLL CALL: — Commissioner Alonso: For the same reasons as stated by Commissioner De Yurre, as I said the first time, that's the only concern and I agree with Commissioner Plummer in all that he has stated that it is a fact that Commissioners are under paid and is a necessity but I have to vote, no, for the moral reasons that at the time, we are... Vice Mayor Dawkins: Knowing that the Citizens would have the last say„ feeling that they're going to may, no I vote yes. r 21. CLAIM SETTLEMENT: GEORGE HYMAN CONSTRUCTION COMPANY ($388,000) SUBJECT TO EXECUTION OF RELEASE BY BOTH GEORGE HYMAN CONSTRUCTION COMPANY AND MIAMI CENTER ASSOCIATES, INC. (CENTRUST TOWER AND PARKING GARAGE). Mayor Suarez: Item 15. Director of Finance, George Hyman Construction. _ Company, $388,000 in full and complete settlement of the lawsuit in question. — I'll entertain a motion on that. Commissioner De Yurre: This is a recommendation of City Attorney? Commissioner Plummer: What was the project involved? _ Mr. Odio: This is the Centrust Tower and the parking garage and this !us been —,; going on now since 1981, and... Commissioner Plummer: I just want to ask one question in reference, r P. 71 July 26*, i 7 Mr. Odlos This money wad in reserve at the Convention Center for that, Commissioner Plummer: Mr. City Attorneyi i 6 Mr. Fernabdest Yoe, air. Commissioner Plummers . # 6 with all the things that are Contrusto you don't feet that this Commission needs to take protect its Interest? Mr. Fermandeas No. Mr. Odiot On the air rights? Commissioner Plummer: OK: Whatever it Is, I don't know, I'm just saying that we read continuously about the problems of Centrust. Mr. Odlos They sold the bank. We're safe now. Commissioner Plummert We are safe? Mr. Odiot Yes, we are. Commissioner Plummer: That's all I'm asking. Mr. Odiot I will say, we're better off. Commissioner Plummer: OK, fine. Just getting it on the record. Vice Mayor Dawkins: Mr. City Attorney. Mr. Fernandez: Yes. Vice Mayor Dawkins: We were sued and counter sued, right? Mr. Fernandez: Correct. Vice Mayor Dawkins: Now, the contractor has constructed a building that does not most the South Florida Building Code. Is that a correct statement? Mr. Fernandez: In some areas, that is correct. Vice Mayor Dawkins: So, we are going to go ahead and assume because we were sued by a guy - I mean, I'm sorry, it could of been a lady - by a contractor who did a building wrong and if we get a C.O. (Certificate of Occupancy),.it's going to be a noncompliance C.O., and we're going to pay him for that, is that what you're saying? Mr. Fernandez: Well, Commissioner Dawkins, yes. The short answer to your question is, yes. That's in essence what we're saying. If the long answer Of course, would qualify that in many regards. Vice Mayor Dawkins: OK. And you're recommending that although this contractor did not fulfill his contractual obligations, we should not beat I him for malpractice, we should just go ahead and pay him and tuck our tails and run. 9 Mr. OdLos I think I need to clarify the record, Commissioner Dawkins. Those are good questions. we owe the contractor $271,000, two hundred Sid seventy-one, one hundred and twenty-five. He had not complied with soma it' of the South Florida Building Code. We have agreed to settle with the I air department provided that they correct those Items that did not pass, that'woxo:' in violation. He has to, in order to receive these funds, comply with, the - code. Vice Mayor Dawkins: Well, why aren't we waiting until he complioa with the, code &ad you come and tell met he has complied with the code and t is OK and let's pay him? Why must I pay him and Oak him to come back 444 his corrections? 17 A;A Mr, Qdloi Well,,. fi A ly" 24 72 �r s ot. �`-. 9j T e Mr. rernandexi No. Before he receives the money, all of the correction.. r Mr, Odio: Has to be done. Mr. Fernandeas ... that can be made, will be done. Vice Mayor Dawkinss Mr. City Attorney. 10 r Mr. Pernandez: The truth of it though, Mr. Dawkins is that even after all that remedial measures that we can take, are taken, that there are certain defects that will remain because that's the way the building was built. Now, the issue here is one of liability between the general contractor, MCA with F whom we contracted for a turn key project, they in turn, turned around to the Hyman Corporation to build the building and then in turn, also MCA went to the architects to get the architectural drawings and the like. Between all three of them, there is an on going dispute, in which we have also been involved, as to who is responsible for the fact that certain height requirements in come a floors were not properly observed. And this could be the subject matter of litigation for eons of years to come, I'm not necessarily hiding from you the fact that yes, the City may have a cause of action to pursue against MCA, who by the way, is now almost defunct as merely a paper corporation, perhaps, with Hyman, the construction company and other subcontractors as well as against the architect with whom by the way, we are not in privity of contract, but through litigation processes which I need to remind you, turn out to be extremely expensive. Likewise, we may reach eventually, many years down the road to a position where there may be some monetary compensation to the City, because the truth of it is, that the building cannot be lifted. That which was built wrong on the ground floor, can not now be lifted up and you know, Increased... in height, yes. And so, we're coming to you revealing to you exactly everything that's at stake here, recognizing that this is a settlement of a lawsuit in which they have claims against us and we have valid claims against them and to the extent that we are not paying anything out of pocket. To the contrary, the only thing that we're doing is that we're paying them monies of theirs that we have been holding back until they completed certain things. It's still, in my opinion, that it would be in the best interest of the City and the administration, of course, joins us in this recommendation that this lawsuit be settled. Vice Mayor Dawkins: To the administration, to the inspector or inspectors who inspected the building when it was wrong, are they still working for the City? Mr. Odio: I don't know. Vice Mayor Dawkins: Why don't you know? I mean, if they did something this - great, I mean, in my opinion, they shouldn't be working for the City, they should be fired, or should have been fired long ago. No further question, Mr. Mayor. Mayor Suarez: And if I... it just triggered in my mind, Mr. City Attorney, that in hiring of attorneys, you maybe ought to find some people who are a little bit more plaintiff minded, in some of these claims. I hate to put you on a spot, but I have to ask you if a single claim has been filed by your department for contribution under the super fund legislation for those contaminated properties. I don't even want to ask the Manager for an answer to the question I asked four years ago, when an officer in the middle of a disturbance - or three years ago, or whenever it was - had a pistol dropped, in fire when they're not supposed to do that, if we considered, as I suggested, a lawsuit against the manufacturer. Those guns are not built to do that and they're guaranteed not to do that just because they hit the ground. You're talking to one of my fellow Commissioners, presumably, answering the question that I'm asking. If you have an answer, please tell me. Mr. Odio: No, what I'm... he happens to know the officer that it happened to. Mayor Suarez: I know the officer, too. Mr. Odios He did not have a Glock that we issue. Walther... I believe it was PPK. Mayor Suarez: Well, then tell me that because... i3 July 264 191 Mayor Muarets I had hoped that you would have initiated a lawsuit at the time. Mr. Gdiot It was up to the officer to do that, Sergeant Jerry Green. it wad' not a City issued gun that went off.' Commissioner Plummer: You know, using the issue, but I don't know of any gun that a manufacturer would guaranty that if you dropped it in a cocked position, which the automatics are, that would not go off. y Mayor Suarez.- I was told at the time, that the manufacturer indicated that the gun was built to do, and to be able to handle that particular impact. And on the other issue, Mr. City Attorney, have we initiated any lawsuits or any h claims against prior owners of those lands that are now contaminated? I think I've counted now four projects that have contamination. Mr. Fernandez: No, air. We have not, to date. Mayor Suarez-. I think you've got to... you know, that was a Commission instruction, that wasn't just my suggestion. And again, on these other kinds of claims, it seems like if I had sovereign immunity, as we do, and we also had the ability to file suits, it seems like we'd be much more aggressive. You've got a perfect shield and you've got a perfect sword. Mr. Fernandez: Yes. Sir, what I failed to tell you, in this Centrust litigation is that, we have been all the way to the third DCA and back and this whole issue of sovereign immunity that you have raised, has been hotly debated. I'm just for the sake of brevity, giving you the bottom line on all of this but we have, in the last eight years been very, very much active in litigation in all of these claims and when we come to you and ask for you to authorize merely, paying back or paying that which was originally earmarked and with nothing else, no other issues, in part, that's a victory for the City even though, we have had reverses all the way up through the third DCA on issues of sovereign immunity. Mayor Suarez: All right. Even though we got a few reverses, it is a victory, so. Mr. Odio: For the record, they were not City inspectors, it was Pittsburg Testing Lab which was supposed to be the best in the business at that time and they certified that they are now out of business, so. Mayor Suarez: It seems like a lot of these entities that we were dealing with are out of business now. Commissioner Plummer: Let me ask a quick question if I may. I've never understood and maybe somebody here does more than I do, this idea of sovereign. immunity... Mr. Fernandez: Yes. Commissioner Plummer: It was my impression that based on what I understood, that the City, any damages against the City in excess of $250,000, the City would not be liable for. Is that what is the intent of sovereign immunity? Mr. Fernandez: Sovereign immunity is the theory, Commissioner, that predates, goes back to ancient history of where the king can do no wrong, that notion that government can do no wrong. The State of Florida has partially waived that concept for municipalities. In other words, municipalities can do some wrong and the wrong the municipalities can do is limited, by way of money damages, to the amount of a hundred thousand or two hundred thousand dollars depending on the way that the claims may be Commissioner Plummer: But what happens to that above that? Mr. Fernandez: To that above that, the State of Florida has also creatod a procedure that's known as a claims bill. So let's say that we go to trial a,ad'' wes.. z.7 $i 74 July 264 �i►�t� @Y [l TEpYi T h T Mayor Juarez: There has to be legislation by the state to pay it. PIGANe ' let's simplify it. Has there even been such a claim exerted against the City,,. Mr. Fernandez: Yes, sir. Several. Mayor Suarez: ... *here the legislature has been asked to pay the excessl Mr, Fernandear Yes, but we hallo been successful in those and to date, we have not had.., Mayor Suarez: Has never been paid one above the limit that you were just referring to, Mr. City, Commissioner Plummer, except in civil rights claims, Except in civil rights claims which are outside sovereign immunity. Commissioner Pi+ummers Well, this one is above the two hundred and fifty. : Mayor Suarez: This is contractual, I guess, that's the problem. Mr. Fernandez: And it is contractually and the third DCA has held that on contractual claims, there is no sovereign immunity that's applicable. Commissioner Plummer; OK. Mayor Suarez: In other words, if we reach an agreement with somebody to pay a million dollars or something, and we refuse to pay them, they can sue us for a million dollars, even though it's over the sovereign immunity because it doesn't apply, it only applies to... Commissioner Plummer: But i mean, an accident? - not relating to civil rights. Mayor Suarez: It would be limited. Mr. Fernandez: That would be negligence. In the concept of negligence, we have protection of only being liable for $200,000 except if the legislature tells us, notwithstanding that, we want you to pay the rest. Mayor Suarez: And that's going to be after a jury verdict too, they've got to win and that never has happened, so, we are... Mr. Fernandez: It's happened to Dade County in a least two or three occasions and Dade County has... Mayor Suarez: I thought you told me it hadn't happened to us. Mr. Fernandez: No, it has not happened to us. Mayor Suarez: Yes, it has happened to others, there have been special bills` filed. So we have a pretty good protection against accident cases. Mr. Fernandez: Yes. In the area of negligence. Yes, we do. .Commissioner Plummer: OK. Mayor Suarez: OK. Item 15. We have a motion and a second. Any further discussion? If not, please call the roll. Ms. Hirai: Mr. Mayor, I do not have a motion, I'm sorry. Mayor Suarez: I'm sorry? Me. Hirai: I don't have a motion on it. Mayor Suarez: I thought there was a motion. OTC. , Commissioner Plummer: I'll move it. r Mayor Suarez: Moved. Seconded. Any further discussion? If note plsas coil the roll. i w5 1 75 July,20 �' The following resolution vso introduced by Commissioner Plummer, `hd roved its adoption! RESOLUTION NO. 00-590 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO THE GEORGE HYMAN CONSTRUCTION COMPANY, 'WITHOUT 4 THS ADMISSION OF LIABILITY, THE SUM OF $3880000.00 IN BULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT r CASE NO. 84-18744-CA-03, UPON THE EXECUTION OF A RELEASE BY BOTH MIAMI CENTER ASSOCIATES, INC., AND GEORGE HYMAN CONSTRUCTION COMPANY RELEASING THS CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS; SAID MONIES TO BE ALLOCATED FROM THE CONSTRUCTION ACCOUNT OF THE CONVENTION CENTER AND PARKING GARAGE REVENUE BOND FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 22. (A) ACCEPT CONCEPT, IN PRINCIPLE - DIRECT ADMINISTRATION TO WORK WITH OASIS HAITIAN CULTURAL AND COMMUNITY CENTER TO ASSIST THEM IN APPLYING FOR NECESSARY FUNDS FOR ACQUISITION AND RENOVATION OF THE REX THEATER. (B) INSTRUCT ADMINISTRATION TO LOOK INTO THE POSSIBILITY OF OBTAINING A MINI-UDAG GRANT FOR PURPOSES OF RENOVATING THE CARVER THEATER. Commissioner De Yurre: Mr. Mayor, before we get to the police items, I have here a Beatrice Lousaint of the Oasis Haitian Cultural and Community Center and Frank Castaneda I think, has something to say on this issue. I think it's pretty much in order. Frank, why don't you go ahead and give us some background on this. Mayor Suarez: What is the status? I know we've gotten two or three communications and proposals including this one. Yours is the one that comes in that... ,= Commissioner Alonso: Pocket items. Commissioner Plummer: Is this the item on the agenda? f ^:t �i Commissioner De Yurre: No, this is an emergency thing. Frank. s: Mr. Castaneda: She is looking into renovating the Rex theater in Edison LLittle River acquiring and renovating the Rex theater. She has come to see us a number of times. What we have told her was, that we have the mini UDA(j program, if she is able to find the two -to -one match to our money, that to two = parts from other sources, we will be willing to look into the one part math —: up to $150,000 and that's basically the... Mayor Suarez: From the mini UDAG funds? R Ifi July rtl w�R .. t "ya , 4, a Mr. Caxtanedas from the mini UDAG funds and that'e basically the aaine deal that Valve looking at for the Latin quarter theater group. a f Commissioner Alonso: Special district? Or the one on ISth and gighth. 4 L �i Commissioner Plummers So, in other words... Commissioner De Yurres And this in to build... f Mr. Castaneda: This will be to renovate the Rex theater and to put a theater and artist colony basically for the Haitian community in the Rex theater in the northeast of Miami. Commissioner De Yurre: OK. Now much money are we talking about! Ms. Beatrice. Lousaint: I'm asking for $50,000. I'm applying for a grant through Metro Dade Cultural Affairs Council, that will... for every City dollar, they will give two. Commissioner De Yurre: As we have our own grants department here that may be able to help in applying for monies and again, through whatever program is available, I'll just like to move this in principle, that the City help in this effort and see how far we can go with it and hopefully, make it a . successful venture. You have a second? Mayor Suarez: Right. Ms. Lousaint: Commissioner De Yurre, I don't fully understand what it is that you're saying. Commissioner De Yurre: Well, what I'm saying is, my motion is to accept this 1: in principle for the City of Miami to work with you in trying to make funds is available to see where it can be gotten, whether it's through grants or whether there are programs in the City that can provide that kind of funding. (: e match for you. Commissioner De Yurre: Provide th y Ms. Lousaint: OK. Mayor Suarez: And ultimately, he is going to make us go through at least one more step anyhow. So, we are making clear that we support the project in having all the documentation drafted for the mini UDAG, if that's the correct = tool. Commissioner Plummer: Is this a grant or a loan? Mr. Castaneda: Well, that's something that Commissioner. Mayor Suarez: We've gone both ways, right? Mr. Castaneda: Up to $50,000 we've gone with a grant above that, it has been a loan. Mayor Suarez: And some of those loan like the one for the Coconut Grove playhouse are low interest and so on. I mean, there are many things that you can negotiate. Commissioner De Yurre: Yes, that's my motion. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: And seconded by Commissioner Alonso. Any discussion? If not, - please call the roll. 77 t i July, $• The following motion was introduced by Commissioner De Yurre, who eo d its adoption: MOTION NO. 90�591 A MOTION ACCEPTING IN PRINCIPLE A REQUEST FROM THE ' OASIS HAITIAN CULTURAL & COMMUNITY CENTER WHICH IS SEEKING TO OBTAIN THE NECESSARY FUNDS TO ACQUIRE AND, RENOVATE "THE REX THEATRE" IN LITTLE RIVER; AND THAT f THE ADMINISTRATION PROCEED TO STUDY THIS REQUEST IN AN EFFORT PERHAPS TO ASSIST THEM IN APPLYING FOR THE ::. NECESSARY FUNDS THROUGH SOME TYPE OF GOVERNMENT GRANT Iz- OR CITY PROGRAM. :., Upon being seconded by Commissioner Alonso, the motion area passed and adopted by the following vote: 3• AYESt 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: Commissioner Plummer: Is this non profit? Ms. Lousaint: Non profit. Commissioner Plummer: For the study, I vote yes, in principle. Commissioner De Yurre: Thank you. COMMENTS MADE AFTER ROLL CALL: Mayor about the other theater a little bit Mayor Suarez: I asked the Vice farther down and apparently it's going to be an item... Vice Mayor Dawkins: Right after this one. r. Mayor Suarez: ... later on. Vice Mayor Dawkins: The Carver theater on 7th Avenue will be right behind them. Mayor Suarez: Because we really need to do something about that. Commissioner Plummer: Which one? Mayor Suarez: The Carver theater. Carver on NW 7th Avenue and 59th I would guess, or Sixty. Vice Mayor Dawkins: Frank, mini U.D.A.G grant for the Carver theater, I'd be here with that. Mr. Castaneda: Commissioner, I'm sorry. Vice Mayor Dawkins: On 60th Street and NW 7th Avenue is the Carver theater, Mr. Castaneda: Right, Vice Mayor Dawkins: T want a mini U.D.A.G grant to do that one. — Suaree: And I could have sworn that some one of the ecoeomc Mayor development entities in the area has built that in to one of tkleir #tl�kitb I hope that we plans, so. That's been in the works for some time and get ,.t off the ground, Frank. That corner looks Awful- yba 78 ., J %117 1404 s % I 4 Commissioner Plummer: Frank, let one ask you a question. If We give a grant of money - in this particular casa, let's use this one - and for whatever reason that thing goes defunct, what happens to the property, the reel estate? 4 Mr. Castanada: OX, In all the issues that we've looked into, to grants or y loans, as I said, under the mini U.D.A.0 we've only given one grant of $500000 and it was to the Downtown Development Authority for an advertising thing+ We've given grants to non profits for development of buildings such as the Little Havana Activity of Nutrition Center and the Bakehouse. In those two s. particular deals, if the use of the property ever changes, it turns into a loan and they would have to repay the money. Commissioner Plummer: OK. So, we're prepared... Mr. Castaneda: So basically, we have a mortgage on the property which is a #F- grant until it is activated by the change of use of the property. Commissioner Plummer: OK. Commissioner Alonso: So we are Mayor Suarez: OK. Commissioner Plummer: Yes. That's you know, what's happening to assets, if any? 23. ESTABLISH A CAREER CRIMINAL PROGRAM - ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Mayor Suarez: Item 16. Commissioner Plummer: I move item 16. Mayor Suarez: So moved. Commissioner De Yurre: Second. =4 Mayor Suarez: Seconded. Any discussion? If not, please call the roll. .. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-592 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CAREER ' CRIMINAL PROGRAM AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - r. Upon being seconded by Commissioner De Yurre, 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 CAI... ' "g Y roffl A h Vice Mayor Dawkins: tinder discussion. Mayor Suarettt Vice Mayor Dawkins. dice Mayor Dawkins* Mr. Manager, why is it... how Many vehicles do we rent, a year in the police department? I mean, no, no, what is the total budget for 34 automobile rental? Mr. Odiot I believe we're renting about ninety vehicles a year. S ' dice Mayor Daovkinst OX. Why is that vehicles from that rental contract could x not be used for this? Mr. Odiot 'There is some that... well, what we're trying to do is pay for some of those vehicles we rent with law enforcement trust monies which is not supposed to be regular budgeted items. So, we are trying to do exactly what you're... we're trying pay for those... Vice Mayor Dawkinst All I'm trying to say is, if we were to use and I'm _. asking for information only. _ Mr. Odiot Yes, sir. Vice Mayor Dawkinss If we were to use money budgeted for rentals and use rentals we already have then that would give more money to the programmatic as ends of this program. Let's just say for the sake of discussion, we're going to rent cars at $6,000 if we used automobiles we've already got in the rental fleet, then $6,000 more can go to the programmatic end of this instead of equipment. That's the only reason I'm asking. Mr. Odioc OK. What we're trying to do is pay for some of those rental costs out of law enforcement so they don't come out of General Fund and... Commissioner Plummer: They're not coming out of General Fund now. Vice Mayor Dawkins: You see, I hate to get into this, but you just told me when I told you about the ten mills, that I didn't have no problem, that your budget is set. Mr. Odio: Did I say that? Vice Mayor Dawkins: And now, you come back and tell me you've got to take money out of this to pay for cars. I mean, you throw me a curve. Mr. Odio: I don't remember Commissioner, having said that today. Vice Mayor Dawkins: OK. All right. Well, that's my understanding. Then you come back and tell me that I'm going to pay for some of the cars, I mean, I r � don't understand. Mr. Odio: Did I recommend the ten mill today? I don't know what you're talking about. Vice Mayor Dawkins: OK. I'm just saying, and I keep hearing and then we come back and then we go forward. No problem. No further question, Mr. Mayor. Mayor Suarez: OK. Complete the roll or call the roll on that matter, Madam a City Clerk. '�SY: 10 s t s+ i 4X14' - �• yy5 4 �yz - ii t, - y�Y��1{iGYJ.�Aw�waiilaafi.rilYrri'riaY.r�r��.3Yra�i��ir•�l�.aai.a.a..lu.w��.�r.iLY.Yi.fs:��r..�Y+rrra.irawail.�aLiiYiiriN4YwlYiLaiLiCTLiii:GtW11.ItYi i+� ti. 24. DISCUSS AND TEMPORARILY `FABLE PROPOSED ESTABLISHMENT Or A CIT"IDIt CRIMS ., PR$VENTtON EDUCATION PROORAM (See label 30). , 'r"� , y : YyyalyYrrWJLifiWntaYY�i+.iii�r3.GrriifiaYiLiiiYYaiiSai.rwil4��ifi�varYi+.iaY.r��.lir.aawr..Yw:rdi:�iti.isaa4willa�Yiia�i�W :a Mayor Suarez: Item 170 Citywide Crime Prevention Education Program, tc } Commissioner Plummer: Move it. { Commissioner Alonso: Second.` Mayor Suareze is the specific expenditure for these funds already in this or Y are we just establishing the fund for later determination of how to spend it? Lt. Joseph Longueira: We have a budget, Mr. Mayor, I believe it might have been sent to you because this was a question that was asked a while back. If ► not, I can give you... r> =? Mr. Odio: You're approving the total budget... =' Vice Mayor Dawkins: I move... a Mr. Odio: ... all items over $4,500 will have to come back to you. Vice Mayor Dawkins: I move that this be deferred, I told you before when you brought this up here, tell me each group you intend to spend each dollar with. Mr. Odio: It will come back. m Vice Mayor Dawkins: You come right back today and tell me to give you $210,000 and you'll come back and tell me what you're going to do with it. Mr. Odio: No, no. Mayor Suarez: Why do we need to set up the program, to later then, take the - components? Mr. Odio: You need to set aside the funds... and then you can... ; Vice Mayor Dawkins: Beg pardon? F Mr. Odio: You need to set aside the funds._ t r Mayor Suarez: But why? I'm asking why? t` Vice Mayor Dawkins: That's all I'm asking. I don't have a problem with setting it aside, but do Howard Gary get $5,000 out of it? If so, tell me. Mr. Odio: No. t; Vice Mayor Dawkins: Don't wait until after I pass it. Mr. Odio: No, he is not going to get $5,000. Commissioner Plummer: No, he gets fifty. t s Vice Mayor Dawkins: OK. Well, that's what I need to know. Who is getting the money? Mr. Odio: We will have to come back to you with each contract, Commissioner. Lt. Longueira: Commissioner, we can table it until later, I'll give it to you and hopefully, that will satisfy you. Vice Mayor Dawkins: Mr. Mayor, I move that this be tabled until after lunch. Commissioner Plummer: Well, does that not apply also to 18? That's a bigger —j� amount. Mr. Fernandes: No, that's administration. x. 81 July 26, ivoQ e71 0 Lt. Longueiras No, that's for the actual administration of the fund, Mayor Suarest. OK. We'll have no problem on 18, Vice Mayor Dawkinss They will put that money to go and take more money so I'll have a problem with that. THEREON, THIS ITEM WAS TABLED. (�Y�i.YY�iifN�wrYif..Y.YYrM1Y� fiIYLYw—YtYwYiYYY1.eY'iYri��iw�—YYwi��—i..�1ii.►yYYY----Y---Y__rYY_Y�Yii+W iYiGwii.i—W 25. DISCUSSION CONCERNING CRIME IN AREA OF PROPOSED FREE TRADE ZONE IN WYNWOOD. Mayor Suarez: Let me make an observation on 17. Mr. Manager, I meant to do this before today's meeting but this is as good a time as any. In connection with the free trade zone in Wynwood, it came up and I, at the time was not aware of the problem that on 20th Street and 3rd Avenue, there are young people, I don't know if they are young people or not young people, the people who occasionally go after people who are driving through there and throw rocks and proceed to try to steal some of the contents of the automobile or purses or whatever. Now, I also discussed that with Erbie McKnight who live in that area and who has been doing a great job of educating the community to try to characterize it under this program here, Crime Prevention Education, by removing the rocks from the area where they pile them up to get ready for this kind of activity. Now, couldn't we in the creativeness and ingenuity of the City of Miami police department, find people such as Erbie McKnight who are in the community, who know what is happening and who can help us to prevent crime, sometimes by educating, sometimes by removing projectiles or potential ones and get them involved in the law enforcement crime prevention education program. This is something that might make sense, Lieutenant? Lt. Joseph Longueira: We'll contact Mr. McKnight and see what we can put < together, Mr. Mayor.. Mayor Suarez: Because we're not, a lot of times, we're not really getting the input of the community in some of these programs, you know. We're sending a ' trailer around to show the people the effect of drugs. I'm not sure that they: don't already know that. We're doing other kind of things but I don't think we're networking with the community enough and that applies to Overtown,, Wynwood, Allapattah, Liberty City and other parts. I mean, if we don't have the people who are there and who are aware of how these things get done and how this crime happens, you know, the rest is all theoretical it's at a whole PP , Y , , � ; different level with the level I think it should be. And Mr. Manager, I hope µ you look at that possibility after you're finished talking on the phone. 26. DISCUSS AND TEMPORARILY TABLE PROPOSED AMENDMENT TO RESOLUTION 86-665 t WHICH WOULD ALLOCATE ADDITIONAL FUNDS FROM LAW ENFORCEMENT TRUST FUND TO CONTINUE ACTIVITIES OF THE FORFEITURE FUND DETAIL (See label 31). ; __.------------------ ---------_-.....--_.,.,..- Mayor Suarez: Anyone else on item... why don't we move item 180 so we get that out of the way. There was no problem with 18, you said? Vice Mayor and t all of you? Commissioner Alonso: I second. Y Mayor Suarez: Moved and second. Any discussion on 18? Commissioner Plummer: Is that 18? Commissioner Alonso: Yes. �r Mayor Suarez: That's for the administration of the programs h } 02 ,duly, 20 49ta i ck A q 1 Yt x, Comiesiofter Plummer: breakdown. 0 s � x Mr. Mayor, 2' li like to see a little bit twra of d i Mayor Suarez: OK. We'll table that until after the recess. reconvene at two... Can vs.. We're going to Y THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:02 P.M. AND RECONVENED AT 2:16 P.M., WITH AtL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT yo EXCEPT MAYOR SUAREZ AND VICE MAYOR DAWKINS. �Y ....+...��.��.......�rr�.r:...rr�r..r—...r.—...—r....r------.r----------.r--------- .�.r.r,f crrrrur 4 27. EXTEND EXISTING AGREEMENT WITH RAYMOND JAMBS & ASSOCIATES, INC.; AND HOWARD GARY & COMPANY TO PROVIDE FINANCIAL ADVISORY SERVICES TO THE CITY. y -------.--r.------------ .....--------- -------------------------------- ------...--.— z.^ Commissioner Plummer: Howard, Number 35. Does anybody have any problem with item 35? The financial advisor. Commissioner De Yurre: Yes. Commissioner Alonso: Yes. As a matter of fact... Commissioner Plummer: Does that mean, you move it. Commissioner De Yurre: Moved. Commissioner Alonso: Second. Commissioner Plummer: Second. Any further discussion on item 35, the financial advisor contract for the City of Miami? Call the roll in a hurry. NOTE FOR THE RECORD: Vice Mayor Dawkins entered the meeting at 2:17 P.M. Vice Mayor Dawkins: You're supposed to start at two thirty, I don't know why you started at 2:00 o'clock. Commissioner De Yurre: It's 2:00 o'clock. Vice Mayor Dawkins: It's 2:30 o'clock. Commissioner Plummer: No, sir. 2:00 o'clock. Vice Mayor Dawkins: Two thirty. Commissioner Plummer: No, air. Vice Mayor Dawkinss Well, me and the Mayor had two thirty. i{ Commissioner Plummer: Well, but neither one of you know how to tell time. Vice Mayor Dawkinss All right, no problem. Good evening, every one. Commissioner Plummer; Call the roll on 35. Vice Mayor Dawkins: Thirty-five? fi Commissioner Plummer; Howard Gary's contract. Vice Mayor Dawkins: No. I defer it. 4 �4Y % �l - 83 July 4 1 ,X 12 y� t The following resolution was introduced by Commissioner be Turre, A6 iboved its adoptions Lry RESOLUTION 90. 90-593 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND RAYMOND JAMES & ASSOCIATES, INC. AND HOWARD GARY & COMPANY FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES FOR A ONE-YEAR PERIOD, WITH COMPENSATION FOR SUCH SERVICES DEING ALLOCATED FROM APPROPRIATED CAPITAL IMPROVEMENT PROJECT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) r- f �u h Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following votes_ AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Xavier L. Suarez COMMENTS MADE AFTER ROLL CALL: Vice Mayor Dawkinss Deferred. Commissioner Plummer: You lost. It passed, three to nothing. We don't count your vote, anyhow. What other item? Commissioner De Yurre: We're going to bring back the tree item? Commissioner Alonso: Yes. Commissioner Plummer: Dawkins, you're Vice Mayor, I only tried to get it moving. Start with item 16 or 17? n Mr. Odio: Seventeen, I think it was. Commissioner Plummers Commissioner Dawkins. Vice Mayor Dawkins: Ain't that something. Howard Gary is going to be shaking everybody's hand, shake her hand only and all three of us, all four of us voted. I hope it comes again. } F4 NOTE FOR THE RECORD: Mayor Suarez entered the meeting at 2:20 p.m. Commissioner Alonso: Well, because he saw me as a peaceful individual after t seeingall of you people with this expression of force. So he came to me y p P P , , �..>.: the only peaceful person in this Commission. Look at the Mayor, now. Vice Mayor Dawkins: It was respect for the lady. ` Y i Commissioner Alonso: I like that better. ' S 4 I f 04 Jul,,` i'. j —r—iwi".r��r��w�r�r�wrrrrrr�rr�w.rrr� ----------- .rr�rG—YS�.rWi�e ��iYiwWli►iwwitYOYLiiSli.iil1 2$. (A) ACCEPT FINDINGS AND REPORTS ON ORANGE BOWL STADIUM AND ITS PROPOSED IMPROVEMENT PROGRAM, AS PERFORMED BY URBAN ARCHITECTS, INC. (DESIGN TEAM AND CONSULTANTS), UNDER INITIAL PHASE OF DESIGN FOR PROJECT: ORANGE BOWL MODERNIZATION j PHASE It E (404238) - RATIFY MANAGER'S ACTION AUTHORIZING SAID FIRM TO PROCEED WITH DESIGN - EXECUTE AMENDMENT TO AGREEMENT PIDUC1140 SCOPE OF PROJECT AND DESIGN FEE - ENDORSE MANAGER'$ FINDING OF AN EMERGSNCY IN PROCUREMENT PROCEDURES, INCLUDING INSTALLATION OF NEW INTEGRATED SCOREBOARD AND SOUND SYSTEM, TO BE COMPLETED FOR THE 1990 COLLEGE FOOTBALL SEASON, etc. (B) COMMISSIONER PLUMMER GIVES STATISTICS RELATED TO THE MIAMI DOLPHINS. --------------------------------------- -------------------- Commissioner Plummer: Mr. Mayor, there's a request by our Honorable J.J. Shepherd to take item 37 if there is no objection, we'd like to get rid of J.J. Mayor Suarez: OK. Commissioner Plummer: It's in reference to the Orange Bowl. If no one has any questions, I'm ready to move it. If anybody has questions, I'll still move it. Commissioner De Yurre: Well it says here, discussions, so what are we going to discuss? Commissioner Plummer: Actually, we're going to discuss the amount of money, the remaining portion of the money to go forth and do as we promised the University of Miami and we have in fact, promised the Orange Bowl committee that the structural repairs will be done that are necessary, they are handing out to you now, those things that will be done for this amount of money. Mr. Manager, the amount is... Commissioner Alonso: And it's long overdue. -pj Ms. Diane Johnson: At the present time, what we're asking for is the approval to proceed with the design of the project. We have an 8.5 million dollar total project budget. The monies we're asking that need to be allocated are —; for the design fees and the public works and administration and project + expenses and that is $852,000 through the course of the project. That will -.n not be spent all at once. { Commissioner Plummer: OK. Just for your edification, I want the Commission _? to know that the University of Miami is proceeding and looks, that we will have the scoreboard in, maybe not by the first game this season but I would say, definitely by the second game this season. Commissioner De Yurre: What was this situation that they said that there was an extra $400,000 to install the scoreboard? Commissioner Plummer: No, it looks like it's going to be a realistic figure, around two to two thirty. Commissioner De Yurre: Additionally. ,4 Commissioner Plummer: Additional, that is the cost of the foundation. There has to be brought in, a special electrical transformer to carry the load of the scoreboard and that is the reason that the figure was higher than anticipated. Commissioner De Yurre: Then who picks up that difference? Commissioner Plummer: Of course, we'll be picking it up from the monies, - hopefully. We're trying to negotiate with the University of Miami that they will allow us to take it from the surcharge out over a period of years. Commissioner De Yurre: OK. Then, what you're saying is that we're going to and up paying for it? 85 July 20, MO f I I Vida Mayor Dawkins: Y686 Commissioner Plummet: In a round about way, yea but no. Comisaofter to 'turret Not in a pretty much straight way. Conniasioner Alonoot Yen. Mr. Odiot No. Because the seat charge is frozen. Commissioner Plummer: The seat charge is reserved for considered to be one of the improvements. m improvements. That it Commissioner Do Yurre: But theft we're saying that we're spending more than we had allocated. Commissioner Plummer: That we had anticipated. Mr. Odio: What they wanted... Commissioner Plummer: But also... wait a minute, let me answer it this way. Keep in the back of your mind, that with that scoreboard in place, if that had not been and there was a chance of an option, we are now receiving a minimum of $48,000 a year or 15% whichever is greater. Now, why we're rushing to put *I%ikf- in is 4-1k,& Po^+ that we f-nnvtf%* A#% the no%"v%A a stem "r%+41 the new improvements. That it Commissioner Do Yurre: But theft we're saying that we're spending more than we had allocated. Commissioner Plummer: That we had anticipated. Mr. Odio: What they wanted... Commissioner Plummer: But also... wait a minute, let me answer it this way. Keep in the back of your mind, that with that scoreboard in place, if that had not been and there was a chance of an option, we are now receiving a minimum of $48,000 a year or 15% whichever is greater. Now, why we're rushing to put *I%ikf- in is 4-1k,& Po^+ that we f-nnvtf%* A#% the no%"v%A a stem "r%+41 the new scoreboard Is in but we can go into design on the sound system, while the scoreboard is being done. Without the scoreboard, we couldn't... Commissioner De Yurre: What was the original estimate for placing the scoreboard? Commissioner Plummer: Between eighty and one hundred thousand dollars. Commissioner Do Yurre: And now, it's how much? Commissioner Plummer: It's going to be in the neighborhood of two. Commissioner De Yurre: And who came up with that estimate? The original estimate. Commissioner Plummer: The original estimate? I don't know, I didn't. He. Johnson: I don't know. We have been working with the public works department in terms of... Commissioner De Yurre: Well, who knows? He. Johnson: Who came up with the original estimate? Commissioner De Yurre: That's right. He. Johnson: It probably was part of the discussions prior to the actual selection of the scoreboard, so, it was an unknown in allowance. Hr. Odioi And they qualified that it was an estimate because only until the size of the scoreboard was chosen... Commissioner Do Yurre: OK. Now, what I need to know for my own edificat-io, is, who comes up with the numbers and based on that, who relies on those numbers. He. Johnson: At the present time, we are looking at a turn key operation with the University of Miami for the installation of the scoreboard and the sou,04 system. All design and installation in being reviewed by the public works department an well as the City's architects and engineers, urban arcb1tOCtx,, and we are assisting in reviewing and approving all estimates for work. C==Issionor Do Yurre: OK. So, let me ask you now again. Who cam up with the original estimate? J-, 46 1 y 2 6's 46, Mr. Odia3 The original estimate come from an did contract that we had with A sign company that was going to provide us signage and remember, and; sdoreboard for fre® and all that and that's what they estimated. The problem is that when you pick a scoreboard, they choose a scoreboard, it depend* oh the site and the style of the scoreboard and this particular scoreboard that u- _ the 'University of Mimi has selected, which is a very good one, has they, soured system built inside, so it's heavier. °u Commissioner De Yurre s go, it's a different system... Mr. Odio: Right. Commissioner Plummer: Plus it's animated. Commissioner De Yurre: ... than what you got those figures from. Mr. Odio: And it's animated. Me. Johnson: Precisely. " �f Commissioner Plummer: Animated, that's what is taking the additional to - - electricity. Commissioner De Yurre: So how can you rely on that when you're doing something totally different to come up with a figure? Mr. Odio: Because we had not... Ms. Johnson: We're not relying on that any longer. Commissioner De Yurre: Not anymore obviously, but when we were negotiating the contract, we were. Commissioner Plummer: No. When we were negotiating the contract, we were... Commissioner De Yurre: We were. �= Me. Johnson: We were looking at various systems presented and being reviewed =: by the University. =g` t Commissioner Plummer: That's correct. Mayor Suarez: When we were negotiating the contract, if I may follow up on ■, your argument, Commissioner, which is the way I remembered it, we were assuming that it wouldn't cost us any thing. r r�•T F $� J: �r Commissioner Plummer,: No, no. The scoreboard... Mayor Suarez: The scoreboard was at the cost of the person, or the entity r providing it. Ms. Johnson: Except for the installation. " Commissioner De Yurre: Well the cost of the scoreboard was going to be paid by U.M. Commissioner Plummer: No, that was... no question. �n Commissioner De Yurre: However, the installation was going to be paid by the g_ s: City. Commissioner Plummer: That's exactly correct. Commissioner De Yurre: Which was supposed to be the original amount. Now obviously, what you based it on, you know, there was no reason to come tip with that figure because there was no correlation between a aeoreboard that bas nothing to do with this one to assume that figure. And now all of a su4d*n, f it's more than double. 1 �s Commissioner Plummer: Well, I fully understand what you're saying 1pt it } also, let's remember that at one time, the City would not gat any revenue 910 of the scoreboard because... $7 U, . _� " "�'a�.�: � `>ia1i .,yrt�� ?i;i'; c;:" =x.,.a ., .;�� r_ - _;t -L„ -C.:. ,r=a gip?•. ; z .,n. _ _ - ;� va __._• fie.,. _ }+ Nzi 2 � Comissioner $e 'Yurre: I understand that, I've got no problem with that but the thing now is that, you know, it's just the procedure. OK? The procedure, t think that was done pretty shoddily. a- Commissioner Plummer: Well, the difference here you know, when you negotiate, r� it's a give and take. Over the period of ten years the City will accumulate $460,000 minimum and then the board is out, after ten years. go, the main difference here this go around is the fact that this board is animated4 The animation takes a tremendous amount more of electricity and that vault that has to be placed, we thought there was adequate electricity there and found out that there wasn't, _ Commissioner De Yurre: You know, I've got no problem with it J.L. My only zz point is that when you give and take... r Commissioner Plummer: Procedure. ,=R_ Commissioner De Yurres ... you've got to know what you're giving. 1_ Commissioner Plummer: That's right. Mr. Odio: Surprised, we never knew that we would have an animated scoreboard and I'm glad to see that they did pick an animated scoreboard, they didn't have to. So, it's a good deal for the City, you have a better scoreboard. j Commissioner De Yurre: OK. S Mayor Suarez: Does it become our? Is it a fixture that becomes ours if they - don't renew the contract at some point? Ms. Johnson: Yes, it does. Mr. Odio: Sure. The moment it sits there, its ours. i Ms. Johnson: Upon acceptance of the completed work, if I understand the contract correctly, we get a title to the scoreboard. Commissioner De Yurre: And during elections, we get to put our own advertising there, is that part of the deal? Mayor Suarez: Other than political advertising, do we get the revenues from the scoreboard at other events? t Commissioner Plummer: That's one day, the second... we have the scoreboard as far as the marquis, they retain the advertising on the scoreboard as well as 4 ten fascia boards. And we get revenue from all of that. Mayor Suarers So, we get the marquis? You mean, just to announce things? 1 Commissioner Plummer: The marquis, the rolling marquis. Mayor Suarez: Ah ha. Which is not meant to be used for advertising. Well, I think we have negotiated this over, I don't know how many months and years. What's the Manager's recommendation? N Commissioner Plummer: What is your recommendation?' Ms. Johnson: Just recommendation. r Mr. Odio: No, no. I recommend... we were not talking about the scoreboard now, we have this... Commissioner Plummer: We are talking about item 37. Mr. Odio: Item 37. Mayor Suarez: The rehabilitation package here. Mr. Ojos Yes, we need this... Commissioner Plummer: I move item 37. Mayor Suaratt All right. So moved. FJ/ Mr, Fernandeat Point of order, Mr. Mayor. item 37 should be considered an ' emergency item, requiring four -fifth vote. 5 Mayor Suarest What's the sta rgency? Me. Johnson! No, I don't believe.+. If I may, this particular item that's being presented to you, first addresses the issue of getting the approval to ry= proceed with the design, authorizing, approving the Manager's action it giving the design teats the approval to proceed. It authorizes the Manager to amend �- an agreement with the urban architects f irm to reflect the reduction in the scope of the project and a reduced design fee. It does address an endorsement k of the Manager's action in working with the University and others to do certain repairs, we're not asking for an emergency approval at this time. Commissioner Plummer: Why not? Ms. Johnson: That would be presented at a later date. Mayor Suarez: All right, let's not argue about... `r- Commissioner Plummer: I move it on an emergency basis. Ms. Johnson: OK, fine. Mayor Suarez: Thank you. Moved on an emergency basis in any event and I guess, you've given enough reason for the emergency. Commissioner De Yurre: And what's the emergency? Mayor Suarez: If anybody wants to question the emergency, they may do so. Commissioner Plummer: Yes, it's called Sam. Jankovitch going crazy at the first game. That's the emergency. ;y Vice Mayor Dawkins: Second. Mayor Suarez: So moved and seconded. Any further discussion? Commissioner Plummer: Mr. Mayor, I don't know if you read yesterday, but just for the edification of the Orange Bowl Committee, I would like to bring to your attention that the Dolphins have gone down from 53,000 season tickets to 35,000 season tickets and the University of Miami is up to 56,000 season tickets. Mayor Suarez: Maybe there is a correlation with the facilities that each team. is using. OK.: Commissioner Plummer: I just thought that would be nice for the record. Commissioner Alonso: Yes. Mayor Suarez: With that trend reflected in the vote and a motion and a second. Any further discussion? If not, please call the roll. f :g 'N i �3 a� 5 89 f t r Ott i 9 � td The following resolution was introduced by Corotnissicner Piutrdeeto who mowed its adoption: RESOLUTION NO. 90-594 A RESOLUTION ACCEPTING THE FINDINGS AND REPORTS OF THE ORANGE BOWL STADIUM AND ITS PROPOSED IMPROVEMENT PROGRAM AS PERFORMED BY THE CITY'S DESIGN TEAM AND CONSULTANTS, URBAN ARCHITECTS, INC., UNDER THE INITIAL INVESTIGATIVE ANALYSIS AND PROGRAM PHASE OF DESIGN FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED "ORANGE BOWL MODERNIZATION - PHASE II", PROJECT NO. 4042381 RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING SAID FIRM TO PROCEED WITH DESIGN OF SAID PROJECT IN ORDER TO MEET A TARGETED DATE OF SEPTEMBER 1991 FOR COMPLETION OF CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED JUNE 27, 1989, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC., SAID AMENDMENT TO REFLECT THE REDUCTION IN THE SCOPE OF THE PROJECT AND IN THE DESIGN FEE TO THE CONSULTANT; ALLOCATING AN AMOUNT NOT TO EXCEED $852,000 FROM THE CAPITAL PROJECT OF THE SAME NAME FOR THE BALANCE OF DESIGN SERVICES AND PROJECT ADMINISTRATION EXPENSES REQUIRED OF THE DESIGN CONSULTANTS AND OF THE PUBLIC WORKS DEPARTMENT FOR SAID PROJECT; ENDORSING THE ACTION OF THE CITY MANAGER IN HIS FINDING OF AN EMERGENCY AND IN HIS AUTHORIZATION OF THE USE OF MODIFIED PROCUREMENT PROCEDURES FOR SPECIFIED REPAIRS AND IMPROVEMENTS TO SAID STADIUM, INCLUDING THE INSTALLATION OF A NEW INTEGRATED SCOREBOARD AND SOUND SYSTEM, TO BE COMPLETED FOR THE 1990 COLLEGE FOOTBALL SEASON, SUBJECT TO THE CITY COMMISSION'S FORMAL REVIEW OF SAID ACTION AT A LATER DATE IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS; FURTHER DIRECTING THE ADMINISTRATION TO PROCEED WITHOUT DELAY TO INITIATE AND COMPLETE CONSTRUCTION OF SAID PROJECT FOR THE 1991 COLLEGE FOOTBALL SEASON. (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 and adopted by the following votes 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: Commissioner Plummer: Second reading? Ms. Johnson: No. Mayor Suarez: Just required four -fifth vote, that's all. Me. Hirai: It's a resolution, air. Mayor Suarez: All right. Mr. Fernandez: It's only four -fifth that was required, it's a resolution. 90 July 26, 19990 :: � Yl'iYYiIL01i ".., �-:..•`'."..i:�:wii:"-.'...ail:ir�i.w...i+iw.ii�iY�f.�iiYt.Y..l.wail.aY'rL�i41w�f.r.Y�i1NWJ:i+.�+LiYiiYU'..�.5i�i+YY�iJi.iW+YliiwiiiJGi�iriiiKflHiiiYi`iLiiiiliGlN:IK�iWG ' 20. z. 1,. (Continued Discussion) ALLOW KIVAR19 CUM Op LITTLB HAVANA TO MUGS CWL*f DSAD PALM TAXES ON S.W. 8 STREET, AS APPAOV3D BY CITT MANAGIR Aft PUBLIC WORKS DIRECTOR, TO COMPLETE CURRM PHASE OF PROJECT. (See labii -------ao—r..L—.wia.rr..Y--------.l--------------------ir��..if aalwrai..w��.wYUW+.:iNiwiYiiliiii�'.►.iiii iii. rbJl.wi— Mayor Suarez: Item 16. Vice Mayor Dawkins: Seventeen, I think. Mayor Suarez: It was tabled from the morning, I guess that's the one. 'Yea, what is the final outcome of the issue of the trees that were being replaced? Mr. Odio: Manny Diaz has notified us that they have until Monday to plant the trees or they lose the money. And he will not budge) the best he would do is to donate twenty trees. Commissioner Plummer: They went from Sunday to Monday, big deal. Mr. Pedro Gonzalez: No, a dozen. Mr. Odio: A dozen. Mr. Gonzalez: A dozen black olives to the Shanandoah Homeowners Association. But they've got to be planted by Monday. That's the latest that they can wait until. Mayor Suarez: So what happens to the black olives, then? Mr. Gonzalez: They have to be cut. There is about thirty trees that need to be cut so we could complete the 100 palms, face. N, t?y Commissioner De Yurre: Mr. Mayor, I think that we've got to go ahead with this. You know, there's a commitment that was made and, you know, this organization which is there for us time and time again, they spent the money, they made the commitment, they're doing what's got to be done. I'm a position to allow them to go ahead for this phase and then come back... Mayor Suarez: Well, how about if we build this in? -in view of the exigent situation here. Any further removal of trees, we would instead, possibly, or t`4 at least it would have to be brought to this Commission, we might very well r want to take the resources you're providing, that is to say, your cash, and use it instead to provide replacement of some of those other trees that have been removed in other areas. In other words, we don't necessarily agree with the rest of the plan that you take out the black olives and put the palm trees, we may just change the whole scheme, now that we understand it. Mr. Pedro Gonzalez: OK, what we would like to do is complete this phase and then we'll come back to this Comm... Mayor Suarez: Well, we'll complete the phase that is required because of an emergency situation. Mr. Gonzalez: Right. Mayor Suarez: Right, that's it. Mr. Gonzalez: Anything else, we'll come back to this Commission. That is tZ, correct. Mayor Suarez: And have the administration be, you know, make the recommendation to us and make us aware of the fact that you're substituting existing trees. Mr. Gonzalez: We're in full agreement with that. Mayor Suarez: OK... Commissioner De Yurrot OK, I don't think we need any action, do we? >ts. C k J. � s3.�•��3 y'p .GM 4 Comiasioner Alonsot And how many trees did you mention? -bliek olives YOU f r are going to.., Mayor guareas Thirty-three is the figure, they said. " Commissioner De Iturre: Twelve. Mayor Suarezt He said twelve and they said 33. Which in it? Commissioner De 'turret Well, they're donating 12.#- Mayor Suarez: Oh, they're donating 12, OK. Commissioner De Y'urret And we don't need any action then, do we? -at this point in time for them to go ahead and proceed. Mayor Suarett Well, maybe we ought to formalize the fact that we don't Want them to continue with the rest of... _ t;- M; Commissioner De Yurre: Well, then, I move that... Mr. Gonzalez: Mot all, but we do understand that there's some trees that need to be cut to complete this phase. Mayor Suarez: We understand that. Mr. Gonzalez: OK. Mayor Suarez: You've given the estimate. - Commissioner Alonso: How many trees? Commissioner De Yurre: About 30 some, I think. z- Mayor Suarezt Thirty three is the figure I heard. We're going to recognize, in a second, the former mayoral opponent, Michael Simonhoff. You have an interest in this, apparently. Commissioner Alonsot Yes. Mayor Suarez: Go ahead, Mike. Yes, either one. wz Mr. Michael Simonhoff: My name is Mike Simonhoff, 3503 Main Highway, Coconut 5 Grove. I'm an architect and a landscape architect and I also was the author of the original tree ordinance of this City. It's been modified apparently and that's part of the reason that we have this situation before us today that there wasn't communication between the Planning Department and Public Works t°> and the Kiwanis group here and, as a result, you're having trees that are cut down and nobody seems to have any jurisdiction over it other than Public Works. And I personally think that that whole process is incorrect. When we x"- passed this ordinance originally, it was to be passed on a six month trial basis and it's been changed around and changed around till... Mayor Suarez: Why don't you take a look at it, Mike, and work with our staff and propose any modifications that will safeguard and bring it all into one clear jurisdiction. Mr. Simonhoff: That's fine, I intend to do that, but where this thing is now ' and I inspected that site this morning because when I came in from - I was ita Tallahassee, came in last night, and I had a zillion phone calls from people.' all over, Anglo, Hispanic, all of the makeup of the City of Miami and they were outraged that these trees were cut down and not relocated and that they were being done by Public Works without any authority from anybody also other' than their own. Now, there's a Question of cutting down 30 more trees. Mr, Diaz, I do not know personally. I do know that he made this same gesturO�*# :- the Rickenbacker Causeway of saying, I'm going to take my trees beck or I'm not going to give them to you unless you do this by a certain dot*, Noert apparently, he's a very generous man in giving away royal palms, but tho rayaj x palms did go over there. I oppose cutting down 30 more trees that I Oink could very well be used in other parts of the City, particularly ,iu parks-, ls►d areas that don't have trees that could use them. The entire world is *A,* T" 92 July tree reforesting program in order to build up the oxygen c6litent in the gip` atmosphere that's being lost by the destruction in trazil which produeee two �.` thirds of the oxygen. 56 everybody is planting trees and the City of Mianti is Caltifit them out. r' Mayor Suarest Ito, that's not a fair statement. But, anyhow... 4,> Mr. 81monhofft Well, it is a fair statement. Mayor Suarez: ...the rest of your comments are because we didn't know at the time that they came in with the idea, of how many palm trees was it7 five hundred, I believe? - Mr. Gonzalers It's 500 altogether, yes. `tk _ y. Mayor Suarez: That they were replacing any other trees, even these black 91 olive trees that at the time, were not even that large. Now, they've grown. ?: Now they actually make a lot of sense where they are and maybe it wasn't such a good idea in the first place, but we ought to reanalyze that and we will y after this phase. Right now, we're just dealing with a situation that the palm trees will die if they're not planted, apparently, by Monday and they'll lose $20,000, etcetera. And we did agree to that part of the plan, Mike, so it's a little too late to undo the whole thing. Mr. Simonhoff: So, in other words, what we're saying is, that 35 trees or so are going to be cut down at this point in time... f Mayor Suarez: Thirty-three. Mr. Simonhoff: ...in order to do that. So you're just going to kill those trees instead of... Mayor Suarez: Right, and they're going to be replaced by rather large and very attractive palm trees that we're happy to see there. Mr. Simonhoff: Well, I want to tell you, they are never going to get those holes - you know, they're cutting the concrete with concrete save and then they got to dig holes and dig out the old roots and bring trees in. They will never get that done by Monday unless you take the entire City of Miami Public - Works Department and outside contractors to do it. So I highly Question the time and the manpower... Mayor Suarez: The exigency that they're claiming. Mr. Simonhoff: ...to do it and... Commissioner Alonso: Instead of cutting these 30 trees... Mr. Simonhoff: They already did this once... Commissioner Alonso: ...can you replace the dead palm trees that exist in Sth Street... Mr. Gonzalez: Yes, ma'am. Commissioner Alonso: ...and not cut the 30 trees? Mayor Suarez: Couldn't we use these... Mr. Gonzalez: We have a commitment to replace the dead palms, we'll continue ' to do that and we also maintain...` Commissioner Alonso: Now, at this time? dx: a Mayor Suarez: Why couldn't you take advantage of the 30 or whatever it is that you're replacing now and use those for the dead palm trues? -to replace the dead palm trees? Y Commissioner Alonso: Um hum, instead of cutting these trees at this time, Mr, Gonzalez: OK, can I leave these chambers then, let's see what we oats do with that... N' 43 July K L t r� ka -' �z Mayor buarea3 JY.. Mr. 0onzalest Commissioner Al Mr. tlonzalet: Mayor Suarez: Mr. Simoahoff: Mayor Suarez: Wait a minute. Mr. Gonzalez: pk k � ` Ysrc x IIm ready to leave it up to you and the administration &ad.,, .oats much as we can on a beat effort basis.. oi�oo: tium7 On a best effort basis? - Yea, 10m ready to do that. 6 Y What's a beat effort basis? 4 Well, wait, wait, you're not even recognized right now, Mike. l jk I don't know at this point, I mean... Mayor Suarez: I'm ready to do that because we've got many other items and z s. this is our last meeting in July. The motion, if the motion incorporates that, on a best effort basis, they will try to use the purchased palm trees, the ones being delivered, to replace existing dead palm trees, I think that's a very logical alternative and the Manager, of course, and the Public Works - Director to supervise that to make sure that the best effort is, indeed, the beat effort expended.. Mr. Gonzalez: And so we... Commissioner De Yurre: Well, let me say this... - Commissioner Alonso: My vote will be in favor. I know you have to replace forty. Instead of cutting the trees, you will replace those. This way, we don't cut any more trees. Mr. Gonzalez: OK, we hear that the number of trees is not thirty some. Mr. Odio: We have 20 to go. Twenty more to go.` ti Commissioner Alonso: Twenty to cut. Don't cut them, replace them. You have 40 palm trees that are dead now, right? Sixty-two? Well, you might as:well {` replace them instead of cutting trees. f Mayor Suarez: Replace to the extent possible on a best effort basis, the existing... Mr. Gonzalez: No, no, no, no... No, he misunderstood your... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. x Mayor Suarez: How many palm trees that are diseased or dying or dead, if -.you know? On a best effort basis, then, since you don't know, we'll be willing to go with that compromise. L�f Commissioner De Yurre: OK, now, one point is that we have to -make clear is that there is some uniformity to what's being done. I mean, like don't stop in the middle of a street and then all of a sudden, it doesn't look right. Make it... � Mayor Suarez: Well, we don't have to make the decision until the next meeting on this, until we get a full report, because replacing existing ones would `put them exactly where they are now so I can't imagine that that would create... Commissioner De Yurre: OK, well, the thing is that's just what I'm gottlag at, If they're like almost at the and of a block or something like thet . j i mean, something that looks right, as you drive by. That... /i " Commissioner Alonso: Remember, Victor, that there are still black *live$ r remaining in every block. It's not that they are planting only palm trees 440 n they are not black olives and still they have cut few black -olives, .,bot sapo remain. So it doesn't really make any difference where they stop. Mr. Goaseles: Oh, it does make a difference. r' 94 July L1 Commissioner Alohoos How? Mr. donzalelt Because of the way that we're trying to plant thee,; to get the raulffm visual effecto I mean, What Victor's saying, Commissioner be Yurre, makes, it's... Commissioner Alonso: Well, to me, it's more important to save a tree, f don't know how the rest of the Commission feels. Mr. Gonzales, What I want to know and I'm confused - when I leave here,' I wartt to know if we - if there's any trees to be cut, do we have authorization to do that or not? I mean, we seem to be going... Mayor Suarez, We are heading in that direction with the modification of a beat efforts... Commissioner De Yurre, If you can avoid it, avoid it. That's the message you're getting from us. Mayor Suarez: Right, that's the message. Mike, the last statement, and, sir, I don't know who you represent but why don't you approach the mike and I'll ask you to make your statement quick too. Yes. Mr. Simonhoff: Number one... Mayor Suarez: We're only, by the way, we're only getting this item as an r Yf emergency basis and on a courtesy basis because... Mr. Simonhoff: Mayor, it's an emergency basis, but it's still an issue that... Mayor Suarez: You're not even letting me complete my statement. It is not on the agenda, we have many other items on the agenda, but out of courtesy to you and to the Commissioner who validly brought up the point, we're otherwise delving 'into it, but we've had a discussion this morning about it and we're going to try to finish it this afternoon so we can do the other items. But, go ahead, Mike. Mr. Simonhoff: When you say, on a best use basis, I would like to have you appoint someone, if not myself, someone unbiased to determine what a best effort basis is. k r Mayor Suarez: It will have to be the Manager because we can't appoint anyone else, but you're hereby appointed from my office if you'd like, to work with them. =L ?F Mr. Simonhoff: The second thing is, is that on an overall thing, some trees are better replaced than other trees out there. If they're going -to cut anything - if they don't have to cut anything at all, I think that they ought to just go ahead and plant their trees right now and not worry about cutting the other ones because I've been there. Mayor Suarez: Yes, that's pretty close to what we're doing. We're going to try to replace existing palm trees that are diseased or dying. s Mr. Simonhoff: Yes, but, I mean, I counted trees out there and I think there; are going to be a lot more than 35 trees that have to be cut down. Mayor Suarez: Not based on this motion. They better not. Commissioner Alonso: No. ,t Mayor Suarez: Because that will be the and of the whole program and then maybe the whole street, as Commissioner De Yurre is saying, might look a s j little bit, you know, incompatible, but that's life. We're not in the business of cutting trees here. Mr. Simonhoff: We could keep this thing all friendly and compatible and tblose trees that come out in the future might be able to be donated to parka as 'a gift from one... { k 95 July 26: i4 4 ri � fit; 400 :W mayor Butrost We've discussed that too in the morning and apparently thart4o A technical problem with that. I'm not sure that it's insurmountable, but they've said it is, fx Mr. Simonhofft There's no technical problem with that. kq Mayor Suirest OK, air, last statement. You have to get to the mike. Yes. Mr. Rick Preddy: My name in Rick Preddy from Trail Auto Tag Agency. We 6vn two buildings on S.W. Oth Street right in the midst of where they're cutting go I know very well about the black olives. First of all, they are not nice xbbb trees) they are a hazard. The sidewalks are up all over, up and down the street. We constantly have State of Florida in there fixing them. they are a mass, We constantly have the gutters in our roof filled with the leaves. The palm trees would be beautiful and since Sth Street is supposed to be some focal point for our City, the planners are smart in putting in royal Palma. It's nice to save trees, my friend, but we're going to replace trees with nice trees where junk is now. Mayor Suarez-. This argument is all quite relevant to the next phase of the proceedings and I'm pleased you've made it. Just like Mike, we ought to try to save the black olives if they can be saved and I think the best... Mr. Preddy: Out with the black... no, I want the black olives out. I hate the black olives. Mayor Suarezt Well, I know, you want to burn them, but... Commissioner Alonso: Mayor, I'm sorry, but I have to make two comments and this is the end for me. One, I hope they are not dangerous. Mr. Preddy: They are. They are dangerous. Commissioner Alonso: It was approved by the City of Miami. It was a program that is in effect, therefore, I don't think it should be dangerous and another thing, they are not going to be cut, so don't get the impression that because they are adding... Mr. Preddy: Well, they're half way done. Commissioner Alonso: ...palm trees, we are going to get rid of the one in existence. Mr. Preddy: Well, they cut down half and left the other half where my buildings are. Right now, it's a mesa. Now, you might like the black olives and there are a lot of people that... 14;-c Suarez: We're not going to hear once again about your dislike of the black olive trees. We're going to got into that at the next Commission meeting. We get the basic point thought and I think the Commissioner is going to very alert to it, because probably if you feel that way, other merchants probably do too. OK? Thank you everyone. The motion now would read, If I understand it correctly, that... Commissioner De Yurre: ...beat effort to save as many as possible and to finish our job. Mayor Suarez: Right. Commissioner Do Yurre: And, you know, if they can.... Vice Mayor Dawkins: And replace the dead ones. Commissioner Plummer: To simplify it. How many trees have been cut down already? -seventy? Commissioner Do Yurre: Sixty Commissioner Plummer: All right. So, you're going to put the 62 royal pelt in there. You're going to take the other 38 and use those an a roplacemon program for the dead ones and then we'll talk about the rest later, Is thgt correct? 7,1 96 luly 20.1 4 f 9101 IF J , Comatiasioner Aionsot 'that's the idea. Mr. Oofttalekt Assuming that's ghat it takes to do... s Commissioner Plunmert OK... well, I'm just asking *hit I'm Voting 6fi r hat's.ii Mayor Suareitt Yes, with a certain discretion on the replacement that the Manager and the public Works Director give ultimate approval, because there ';. may be some situations, for whatever reason, it just doesn't work out to replace an existing one. Commissioner Alonso: The insurance company will have to pay for it. Commissioner Plummert If the man from the auto tag gets a jeep and runs over four or five more, we understand that it's... F, Mayor Suarez: So moved. Do we have a second on that motion? 5 Commissioner De Yurre: I'll second it. Mayor Suarez: You can't move and second, but... d �j Vice Mayor Dawkins: What is the motion? What is the motion I'm to vote on? ' Mayor Suarez: The motion is to allow only so much of the program as would permit the planting of the next set of trees that have been ordered - a total of 20,000 of them - but to the extent possible, use those palm trees to replace existing... Vice Mayor Dawkins: Dollars. Mayor Suarez: dollars - existing palm trees that are decaying, or rotting, or dead. But within the discretion of the Manager and the Public Works Director. And than after that, they have to report back as to the rest of the program. We're not going to allow the indiscriminate cutting of trees. Commidsioner Plummer: You know, when I was asked yesterday by the newspaper, what was the hottest item today, little did I realize it was black olives. Mayor Suarez: Moved and I hope seconded, very quickly, and we can get on to some of these other items. Commissioner Plummer: Second. Mayor Suarez: Thank you. Any further discussion? Commissioner Plummer: Third. Mayor Suarez: If not, please call the roll. 97 a Tha following motion wasp introduced by Commissioner De 1Cnrre, ho wed its adoptions MOTION NO. 00-505 A MOTION ALLOWING THE KIWANIS CLUB OF LITTLE HAVANA TO CONTINUE WITH THEIR PROJECT TO REMOVE TREES AND REPLACE TM WITH PALM TRESS ON S.W. STH STREET ONLY TO THE EXTENT NECESSARY, IN ORDER TO COMPLETE THE CURRENT PRASE OF THE PROJECT PREVIOUSLY INITIATED BY SAID GROUP; FURTHER STIPULATING THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS ARE TO HAVE ULTIMATE APPROVAL FOR THE REMAINING PHASES OF SAID PROGRAM. Y fi N&. s �Y Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following votes 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. Mayor Suarez: And we appreciate your effort and your resources, but be advised that we did not know - at least I did not kn - th t t ow a any rasa were being replaced and so work with the community as to trying to preserve them, maybe Mike has a way, miraculous way of preserving them, and otherwise with all of us, so that we don't have to continue to get rid of trees which it was not our intention. At least it wasn't mine. Commissioner Plummer: And don't tell the Kiwanis the truth that this is the :f} only City Commission that looks a gift horse in the mouth. {' Mr. Gonzalez: Thank you. ----_--_------------------------ ------------- ------------ ��---------- r" 30. (Continued Discussion) ESTABLISH CITYWIDE CRIME PREVENTION EDUCATION PROGRAM (LAW ENFORCEMENT TRUST FUND) (See label 24). ------------------------------- ------------------------------------------- t �' Mayor Suarez: Yes. Did we finally vote on item eleven? We did not. Commissioner Plummer: Eleven? Mayor Suarez: Seventeen rather. Commissioner Plummer: We're still waiting for some answers. Mayor Suarez: Have those been... Vice Mayor Dawkins: Yes. Mayor Suarez: OK. The Vice Mayor is ready to vote on it. Anyone also have - any questions? If not... Commissioner Plummer: Oh, he's ready? 'a Vice Mayor Dawkins: Yes, um hum. 3a. Mayor Suarez: I'll entertain a motion on 17. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Call the roll. 98 July 26 7 rs E y i -F,l f rSux�f F2IR� 4. °�i 'T ki7 The following resolution was introduced by Commissioner Dawkins, wh6� swved its adoptions S =� RESOLUTION NO. 90=546 ?t A RESOLUTION AUTHORIEINa THE ESTABLISHMENT OF A CITYWIDE CRIME PREVENTION EDUCATION PROGRAM AND ALLOCATM FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED = $210000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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. ij the resolution was passed YLL tw f - --- - -- -- ------ ------------ -------------------------- ------- 31. (Continued Discussion) AMEND RESOLUTION 86-665 - ALLOCATE ADDITIONAL $300,000 TO CONTINUE ACTIVITIES OF THE FORFEITURE FUND DETAIL (LAW ENFORCEMENT TRUST FUND) (See label 26). Mayor Suarez: Item 18. ' Commissioner Plummer: Eighteen, I asked, why do you need administrative monies from one fund to administer another fund? How much money in the fine and forfeiture fund? Lt. Joseph Longueira: Yes, $800,000 is left available that hasn't been ` targeted. What this pays for is the administration of the law enforcement f: - seizure of property. Commissioner Plummer: $300,000 to administer $800,000? Lt. Longueira: Commissioner, that pays the salaries of six people, two property specialists, a TC-II, an account clerk, a crime analyst that's going to work on seizures of property and an assistant city attorney that specializes in this area. ,{ Vice Mayor Dawkins: I have to put in the record again, we don't have no cash flow. We ain't got no problem, but we still keep reaching in pots pulling out money. Lt. Longueira: We've been funding this administration portion since the inception of the program. Vice Mayor Dawkins: We who? Lt. Longueira: It's permissible under...` Vice Mayor Dawkins: We who? Lt. Longueira: The City has, sir. Every year, this comes before the Commission. Vice Mayor Dawkins: And the people that you're talking about paying their salaries, has been funded out of this fund? Lt. Longueira: Yes, every year... p Mf r t 99 July 24 h S w; Vida Mayor DAWkins: All right, than when you come and tell me that we had i3OOD Sworn officers, was any of these people sworn? Lt. Longueirat None of these are sworn, sir, they're all civilians. 'They specialise in the seilure of the property and conversion... ;;J Vice Mayor Dawkina: No, no, the ones who you say are the custodians who sit ( 1 a: and watch the equipment and stuff. Who are they? Is anyone a sworn officer? ,3F Lt. Longueira: In the property bureau? -yes we do have sworn in property. Vice Mayor Dawkins: So, therefore, you've been paying them out of two pots. You've been paying them either with this money or you've been paying them with general fund. Commissioner Plummer: No, no, no, no. No, no, you're not paying the sworn officers out of that. You're not paying the sworn officers out of there. You can't. Vice Mayor Dawkins: That's what he say. Hey, I only work here. iO Lt. Longueira: We're not paying sworn out of this at all. Vice Mayor Dawkins: I just work here. Commissioner Plummer: I just want to remind all of you at the end of the year, when you think I'm making a joke that the total budget of $89,000,000 for the Police Department is just but the start, here is another $300,000 item for the Police Department that's not included in their budget. Lt. Longueira: Yes, air. Commissioner Plummer: When I tell you that the Police Department last year spent over $100,000,000 - yes. Lt. Longueira: No, sir. Commissioner Plummer: Yes, sir. Two substations alone. Mayor Suarez: Including the capital programs possibly. t Vice Mayor Dawkins: And all of the computer stuff we bought. Commissioner Plummer: It's the same green money buys capital projects that pays salaries. Mayor Suarez: Would the Blues Brothers get together since we're taking a more active role... Commissioner Plummer: Commission awareness. Commissioner Alonso: That's you. Mayor Suarez: ...in looking at the Law Enforcement Trust Fund and since, under the Commissioner Awareness Program, you are now supervising that particular department, perhaps Vice Mayor Dawkins and you could look very carefully and make recommendations on the Law Enforcement Trust Fund and how... Commissioner Plummer: Be happy to, sir. Mr. Odio: He's not supervising that department. Commissioner Plummer: You watch me. Commissioner Alonso: And see that we recommended the Tony Taylor program and the Miami High football - remember? Zero for both groups. No money. You did not approve either one. Lt. Longueira: They did not comply with the requirement... CommiosiQr4er, ,it's not a parks and recreation program, it's a crime and drug prevention. progpM. I 4Tr E Coi tiseioner Aloneot Exactly, exactly. Y Vids Mayor baakinst I think what the Cottmtissioner is saying is; that *hen you want it to work , , you find the method. When she and I want it to raork +�M don't find the war to make it done. Commissioner Aloftoot That's right. Vice Mayor Daukinttat That'a all r think she's saying. Commissioner Alonsot Um hum. Vice Mayor Dawkinst Thank you. t- Mayor Suarez: And the other thing that is interesting is that we don't get Shy initiative to have a legislative change on this from the Police Department. It's going to have to be ourselves then to go to Tallahassee and get a change in a State law to give us a little bit more flexibility to deal N_ with these funds. They're forfeiture funds. All right, we have a motion, do _ we, on this? -I hope, Madam City Clerk. t Ms. Hirai: No, Mr. Mayor. } Mayor Suarez: I'll entertain a motion on it. Vice Mayor Dawkins: Which is it? -18 or 19? Mayor Suarez: Eighteen, eighteen. Commissioner Plummer: I'll move it. Mayor Suarez: Presumably so the program can work and this is the bare bones budget for it, I guess, Lieutenant? Lt. Longueira: Yes, sir. Mayor Suarez: Thank you. It always helps to put that on the record. Commissioner Plummer: Whether it's true or not. it Mayor Suarez: I didn't say that. Moved. Do we have a second? I'll second. - Vice Mayor Dawkins: OK, seconded. Discussion? Commissioner Plummer: That means it dies. Any time he seconds a motion, it dies. Damn. Vice Mayor Dawkins: Any further, any discussion? going to be voting no because, again... Commissioner Plummer: See, I told you. Vice Mayor Dawkins: ...I believe we're taking money and paying salaries with it and you keep telling me I don't have a budget problem, but yet you still keep showing me something different. Any further discussion? Call the roll, Madam Clerk. N? ty l; M _ 9 x k off yam' ` 3A t S , 71 The following revolution was introduced by C6ftiseionvt Plum6rj Wo Solved ita adoption: R99OLUTION NO. 90-597 - a" Y A RESOLUTION AMENDING RESOLUTION NO, 86-6651 AS _ 1, AMA fto AND ALLOCATING AN ADDITIONAL AMOUNT OF � MOON FROM THE CITT OF MIAMI LAU ENFORCEMENT TRUST FUND TO CONTINUE THE ACTIVITIES 01' THE FORFEITURE FUND �k DETAIL, UPON SUCH COSTS AND EXPENSES HAVING DERH APPROVED $Y THE CHIEF OF POLICE. ,tom F (Here follows body of resolution, omitted here and on �- r file in the Office of the City Clerk.) + Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vats: 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: So that the Mayor feel better, yes. Mayor Suarez: So the Commissioner feels better, yes. Commissioner Alonso. ---- ----- ----------- - - ------------- --- ------- --- -- 32. APPROVE FUNDING OF THE MIAMI COALITION FOR A DRUG -FREE COMMUNITY PROGRAM (LAW ENFORCEMENT TRUST FUND). -- ----------------- ---- -----------------�M r, a Mayor Suarez: Item nineteen. Commissioner Plummer: Move it. r Mayor Suarez: Miami Coalition. Moved. Law Enforcement Trust Fund. - f Interesting that the Miami Coalition somehow fits within the Law Enforcement Trust Fund. F` Vice Mayor Dawkins: Um hum. o Mayor Suarez: All right, hopefully, we'll get some control over this fund at some point. - Commissioner Plummer: I moved it. < Mayor Suarez: Moved, do we have a second? Do we have a sec... F Commissioner Alonso: Yes, second. Mayor Suarez; Second. Vice Mayor Dawkins: Under discussion. Just for my edification, who also .� contributes to the Miami Coalition for a Drug Free Community other than the City of Miami? :` { Lt. Joseph Longuoirs; I know the County does, sir, t 4 i3 ' Vice Mayor Dawkins: The County? Who aloe? y r Lt. Longusira: Right. ` r Zl Y xs ice Mayot Dawkins: The County, who also? Does Miami $each givo anythiDg? total Odblos? Cotal Cables give anything? d< S ... LtLongueira;; till have to at back with you, sir. This is apecifid pro rasa t� for the City of Miami thaughi this money, 3 Vice Mayor Dawkins: OK, -but see, in this context, this ian't the City, 'at Miami, this is lade County, It just happens to have the name Miami Coalition for a Drug Pr6at but this to a Dade County problem. r Lt. Longueira: flight, but►.. Vice Mayor Dawkins: So, therefore... so Hialeah and everybody also should be contributing to this. Lt. Longueira: Right, but this funding is for. a specific program for the City. Vice Mayor Dawkine: Fifty thousand dollars. 1 �- Lt. Longueira: Yes, sir, target... it's... 5� Vice Mayor Dawkins: And Miami Coalition for the drug will spend the entire } $50,000 within the City of Miami. Lt. Longueira: We're going to make sure of that, sir. Vice Mayor Dawkins: See, see, you're like my wife. Nov you answer like you want to, OK? Lt. Longueira: Yes, sir. Vice Mayor Dawkins: Thank you. Mayor Suarez: We have a motion and second. Any further discussion? Commissioner Plummer: He just married you. Mayor Suarez: If not, please call the roll. The following resolution was introduced by moved its adoption: RESOLUTION NO. 90-598 A RESOLUTION APPROVING THE FUNDING OF THE MIAMI , COALITION FOR A DRUG -FREE COMMUNITY PROGRAM; AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED " $50,850, FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, 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. 103 the resolution was passed- �y July, 2-3 d r - Fir- IMF 33, APPROVE PURCHASE OF A FILM VIDEO PROCESSOR, TWO FORENSIC OPTIOA?. COMPARATORS, A PRSPAB PROC288I90 STRUCK, Aft A rACSIMILR TRANOtl'I�*�R (LAW OrOACIMM TTWAT Fttrtlf $20,000). s iYii�.i�iiil.i..YiJYi.iiYllWWl'.iiY�iiiiGdiw..�f►i.L.i1.W�ir — arw.Y...1�iiYi1�i14.L�rW+i�.L.Yai..��Yai'i�lrrar�:�rirrrrariwrL�ir+illui.YiiiL.Y.i11G1�{iY �� a' Mayor Suarezi Item 20. Y Vice Mayor Dawkinsr Move it. �S i Mayor Suarez: Moved.0 .-:- Commissioner Plummer: Second. — Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoptions - a RESOLUTION NO. 90-599 - A RESOLUTION APPROVING THE PURCHASE OF A FILM VIDEO PROCESSOR, TWO FORENSIC OPTICAL COMPARATORS, A PREFAB PROCESSING STRUCTURE, AND A FACSIMILE TRANSMITTER, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,00 FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE; _ SAID PURCHASE TO BE MADE IN ACCORDANCE WITH APPLICABLE CITY CODE PROCUREMENT PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i Upon being seconded by Commissioner Plummer, the resolution was passed 5; and adopted by the following vote: -" AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr.f> Commissioner Miriam Alonso - Vice Mayor Miller J. Dawkins - Mayor Xavier L. Suarez NOES: None. Y� i ABSENT: None. v r 34. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH POSITIVE THOUGHT ENTERPRISES FOR PROVISION OF TWO EXECUTIVE STAFF AND TRAINER SEMINARS FOR POLICE DEPARTMENT (LAW ENFORCEMENT TRAINING TRUST FUND). xa i Mayor Suarez: Item 21. Commissioner Plummer: Positive Thought Enterprises... Mayor Suarez: Enterprises... Commissioner Plummer: What in the devil is that? Vice Mayor Dawkins: No, who are they? Commissioner Plummer: Same thing. Lt. Joseph Longueira: Sir... 7'' tt+- kr ¢fl r v Lt. toftgu6irat Sir, they. _ i+�k itayar iiawki�►ai Mall, f rst � I - want to know who they are, . L. And theft .. wo eah . find out what they do Who is this? Lt' 2.ongueirat It's run bya Mr. Lambert Breen, sir. 3�5> Viae Mayor Dawkins Out of Atlanta? Lt. Lot►gueira: Yes. X `` Vice Mayor Dawkinst OK. t � ` Lt. Longueirat Did training for the City before. Vice Mayor Dawkins: The same guy who's been doing all of our training? Lt. Longueirat Yes, he did it for the staff and they liked it. Commissioner Plummer: What does he do? `- Lt. Longusira: They're going to do training on analytical personality profiling and, hopefully, with some other training help people communicate -41 better... a Mr. Odio. Training to be able to come in front of the Commission and understand and talk to you. i Vice Mayor Dawkins: In fact then Lambert Green could... Commissioner Plummer: I don't want to spend it. l Vice Mayor Dawkins: Then Lambert Green would be able to work with Father John Junta in trying to get something happen, so we be a better relationship. That's what we're saying? After this contract? Lt. Longueira: Hopefully, that will be one of the accomplishments. _. Vice Mayor Dawkins: OK, thank you. Mayor Suarez: Moved and seconded. Has it been? I'll entertain a... ;a ` Vice Mayor Dawkins: I'll move it. Mayor Suarez: Moved. . Commissioner Plummer: Second. Mayor Suarez: Any further discussion? If not, please call the roll. The following resolution vas introduced by Commissioner Dawkins, who, 4 . moved its adoption: r? RESOLUTION NO. 90-600 �= SOLUTION WITH ATTACHMENTS AUTHORIZING THE CITY < A RESOLUTION, � � i MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENTS rr � IN SUBSTANTIALLY THE FORM ATTACHED, WITH POSITIVE THOUGHT ENTERPRISES, IN AN AMOUNT NOT TO EXCEED $9,400 A FOR THE PROVISION OF TWO EXECUTIVE STAFF AND TRAINER f SEMINARS FOR THE CITY OF MIAMI POLICE DEPARTMMNTs WITH FMS THEREFORE ALLOCATED FROM THE LAW ENFORCEMENT fi}r � TRAINING TRUST FUND, PROJECT N0. 136002, INDEX CODE 290505-270. 7 (Here follows body of resolution, omitted here and on � file in the Office of the City Clerk.) � a Sr % Upon being seconded by Commissioner Plummer, the resolution Von pesa+ed and adopted by the Following vote:� r L !.q P 0 Commissioner Victor be Yurre Cbmisaidtier J, L. Plummet, it. Co[ tosionar Miriam Alonso Vida Mayor Miller J. Dawkina Mayor Xavier L. wares 140181 None. AHS$Nts None. 35. APPROVE FUNDING OF: DO THE RIGHT THING PROGRAM (LAW ENFORCEMM TRUST �- FUND) }L Vice Mayor Dawkins% I gratefully move item 22. We asked them to go find some money for this group and they did it and Commissioner Alonso, this is the group where we - they were doing the things for the youth and you and I, we just said, well, go get some money so that Mr. Hardiman and the rest of the guys in the Police Department would not be taking the money out of their pockets to do these things. Commissioner Alonso: Good. Mayor Suarez: Do the Right Thing Program. Commissioner Alonso: Great. Mayor Suarez% We have a motion. Vice Mayor Dawkins% Move it. Comaissioner Plummer: Second. Commissioner Alonso: Second. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-601 r� .Fyxt i;AZ.y= A RESOLUTION APPROVING THE FUNDING OF THE "DO THEE? RIGHT THING" PROGRAM; AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $55,000, FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE.71 y (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ' a4 Upon being seconded by Commissioner Plummer, 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. 4 �4,f+ W. ��,. ,, .."- .`. «.. �. r..:�...=.. s«.:._...=s,�-..:..,. �..+C1i'ati/aahiYilFiiw'Y3Yi'GA�iifil'X^ ..••` �►iiaraYwi..iYiiffiisrCiaLtiiiil6. _ — - 36. APPROVE POCHASR OF PROORAMMASIX RADIOS AND ACM901119 (LAW � Toot run) . : t �(' i...i.r•,-_....'.�+trst�.C�.i�s��as.m�+�arrtrwurti.wz.:rrar.r:acrcaz:.�a —`�.r...ir�s..arr:�c�si�.++�i.nww�+.:ssaaarc�s++a.'. _.,__.,__ ......_'. _-- Mayor Suares: Item 23. P� r > Vida Mayor Dawkina t Threat Commissioner Plummer: What are these radios for? Mayor Suares: I'll entertain a motion on this item. It's within the Manager's r discretion and... Mr. Odic: This is to be able to communicate with Dade County... Vice Mayor Dawkins: Move it.. _ Commissioner Plummer: Communicate with who? yr Mayor Suarez: Under the Charter and, hopefully... r Mr. Odio: Coast Guard, Marine Patrol. Vice Mayor Dawkins: Move it. Y, 2' Mayor Suarez: And, hopefully, we would not delve too deeply into something of - that magnitude. Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who p moved its adoptions RESOLUTION NO. 40-602 A RESOLUTION APPROVING THE PURCHASE OF PROGRAMMABLE t RADIOS AND ACCESSORIES; AND ALLOCATING FUNDS THEREFOR, ;Y IN AN AMOUNT NOT TO EXCEED $3,500, FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE AND SUBJECT TO r iAA COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT PROCEDURES. at; (Here follows body of resolution,.omitted here and on file in the Office of the City Clerk.) x Upon being seconded by Commissioner De Yurre, 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 ,h x ' NOES: None. t x ABSENT: None. r �9 r y h { rd i ! km. s � Y it 3 s: ! fl� 37, ACCEPT $20j = FROM METRO -DADS DEPARTMENT OF JUSTICE ASSISTANCE E x DEPOSIT INTO SPECIAL REVENUE FUND: THE INTERCULTURAL 8E1419TIVITt r TRAIRM rUND PROFESSIONAL SERVICES AORMRCM4T WITH THE 1ATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES FOR ADMINISTRATION OF' A ...- _ SURVEY TO ASSESS THE NATURE AND EXTENT OF PROBLEMS BETWEEN COMMITY AND POLICE DEPARTMENT. --r.1r-----fiir1ii�YrYilrfY.iii.iiNlfilY.Y` --i---------------- ------- _ Mayor Suarez: Item 24, City Manager... Commissioner Alonso: We are accepting the money. - _. Mr. Odio: This is the National Organization of Black Law Enforcement Executives will conduct a survey to determine the nature and extent of existing problems between the police and the community. They will then analyze the current training policies, procedures, and practices and make _ —� recommendations for the improvement on this areas. _ Mayor Suarez: I'll entertain a motion on this. - 1: Commissioner Plummer: Move it. Commissioner Alonso: Move. _ - Mayor Suarez: Seconded. Any discussion? If not, please call the roll. - The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 40-603 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ACCEPT $20,000 FROM THE METRO-DADE - DEPARTMENT OF JUSTICE ASSISTANCE FOR DEPOSIT INTO A SPECIAL REVENUE FUND FOR DEPOSIT INTO A SPECIAL REVENUE FUND ENTITLED "THE INTERCULTURAL SENSITIVITY TRAINING FUND", AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES x AGREEMENT WITH THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES FOR THE ADMINISTRATION OF A SURVEY DESIGNED TO ASSESS THE NATURE AND EXTENT OF PROBLEMS BETWEEN THE COMMUNITY AND THE CITY OF MIAMI !" POLICE DEPARTMENT. r� (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Training Fund. :'- Commissioner Plummer: Move it. z 4i `Commissioner Alonso: Second. Mayor Suarez: Call the roll on the item. ' AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL —_ REVENUE FUND ENTITLED: "THE INTERCULTURAL SENSITIVITY _ TRAINING FUND," APPROPRIATING FUNDS FOR ITS OPERATION _ IN THE AMOUNT OF $20,000; AUTHORIZING THE CITY MANAGER - TO ACCEPT $20,000 FROM THE METRO-DADE DEPARTMENT OF <= _ JUSTICE ASSISTANCE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the - following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. - Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins — Mayor Xavier L. Suarez NOES: None. F . iN. fyy L ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre - Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None.f ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10768. 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.; i. 4u, 9N t 4 ;, 109 July 26,,1 3 ple re rR 39, blSCUSS AND TAWS PROPOMb APPOWTMOT OF INDIVIDUALS TO 89R'9 ON MIAMI - STRSRT CODUSIGNAT16M RRVIEW COMMITTE 5pj3 �: . qs _: ..i�.�.��siri+rJfaii.aY�.riiiiNii�.wri.ii.Fa`.YY..ii=—.= Y�i��..�i-.L.�laaaair.Liirio.irirra�_.._�_i.G__iLi�iiiisi3J..ii--."'..•_••i.iatiiis Mayor Suarezt Item 26. Codesignation Review Committee. What appointments are missing? Mr. Odiot Three individuals, Dawkins, Alonso, and De Yurre should each nominate one individual. De Yurre*a appointment should be category A, who Will serve until the first Commission Meeting following the 1001 regular City election. Commissioner Dawkins should be - and Alonso's appointment will be the category B. Mayor Suarezt You mean, as to the terms? a Mr. Jorge Fernandezt Yes. — Mr. Odio: Which will serve until 1993. Mayor Suarezt You know, they're not ready with their appointments, they're ILL not jumping at the opportunity to make the appointments, so why would they care about how many years they're going to serve? Would you, Commissioners, �. if you have your names ready, we'll entertain them, otherwise, we don't care Al too much about the terms at this point. Commissioner Plummer: I don't have mine ready. - Commissioner Alonso: Neither do I. Mayor Suarezt Yes, that's how interested we all are, despite what the Miami Herald says about this. OK, pass the item, tabled, unless somebody has any --,a names maybe a little later on in the Commission... Commissioner Alonso: Later, perhaps. ----------��-------------------------------------------- -- , 40. APPOINT INDIVIDUAL AS MEMBER OF MIAMI SPORTS AND EXHIBITION AUTHORITY _ (Appointed was: Michael Zogby). Mayor Suarez: Yes, thank you. Item 27. Mr. Odio: Two appointments, one by Mayor Suarez and one by Commissioner Plummer. t Commissioner Plummer: I'll reserve mine until the next meeting. E. 3 Commissioner Alonso: Mayor, do you have yours? { Mayor Suarez: Yes, I nominate Michael Zogby. Any missing now, at this point? f Commissioner Plummer: Mine. r .} Mr. Odio; One. Mayor Suarez: OK, I'll entertain a motion on that. x Commissioner Plummer: Move as proffered.`. _ Commissioner Alonso: Second. <.' Commissioner De Yurre: Second. � a Mayor Suarez: Call the roll. 1 i4 34). Ra_ 110 -� E 1 July t � 1 ',ir .. ., ,. fir. ✓ � <��ii� ati �1� r w rn�i*r ,{n s The following resolution was introduced by Comissioaer Plumber, Who � — moved its adoptions r RESOLUTION NO. 90-604 y y A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBE18 ,qtY OF TO MIAMI SPORTS AND EXHIBITIONS AUTHORITY. (Here follows body of resolution, omitted here and an file in the Office of the City Clerk.) s Upon being seconded by Commissioner Alonso, the resolution was passed a and adopted by the following votes AY$S: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso ANY - Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez_ NOES- None. ABSENT: None. AK - �--- ------ - ..._ - ------------ 41. APPOINT INDIVIDUALS TO SERVE AS MEMBERS AND ALTERNATE MEMBERS ON INTERNATIONAL TRADE BOARD (Appointed were: Stuart Sorg, Bill Messett, William Alexander, Rafael Diaz-Balart, Rafael Garcia Toledo, Tony Zamora, Howard Gary, Saturnino E. Lucio, II, Leslie Pantin, Jr. , Manny _ G. Gonzalez, Omar Diaz Salinero and Osmundo Martinez; Alternates: Xishor _ Parekh, Tony Muniz, Dwayne Wynn and Waldo Castro). - Mayor Suarez: Item 28. International Trade Board. Commissioner Plummer: My phone's gone. Mr. Odio: You have... y= Commissioner Plummer: I have three? How many do I have? r= Mr. Odio: Three.k— Commissioner Plummer: OK, I reappoint all three. That's Sorg, Messett, and — Alexander. t Commissioner Alonso: And I have three? Mr. Jorge Fernandez: You have one alternate. - } Commissioner Plummer: And I don't know his name. rt�3; Mr. Odio: Commissioner Alonso has... Commissioner Alonso: Three. And I appoint the same people, Rafael Diaz-4 Balart, Rafael Garcia -Toledo, and Tony Zamora. r Commissioner Plummer: I'll get the name of my alternate. Mayor Suarez: I reappoint... Mr. Fernandez: Excuse me, Antonio Zamora is not yours.- ram_ Mr. Odio: Zamora is already.... Commissioner Alonso, Tony Zamora was appointed by Commissioner Dawkins. Commissioner Alonso: Are you going to appoint him, Commissioner? 3.. Mr. Fernandez: You have just appointed Fernando Penavas to that not too low h: ago. i 11 July ;6411 'A 3 hx t s ;; T Zr ' T �. `- fit , . � �"S-..•PkAla. �y '� • F 9 comisti6tior Amiga $ lia was an alternate and t don i t think he WaAte to eontit�tia. Mr. Fernandez: OX. 1s.: ly x t Mr, Odio: Then you hired another person. M r. •Fernandest 'then you need another parson. Mayor Suarezt You know, this guy has been an alternate and he works for, r Howard Gary u CtSnsihissiener Plurmnert Nobody could be an alternate before, it's a new }_ category. {= - ? Commissioner Aloneot This is a new... � Mayor Suarez: Kishor Parekh had been an alternate. Now, do we not have alternates any more? k Ms. Hirai: Yes. 1z- Mr. Fernandez: You still have alternates. i;— Mayor Suarez: OK... 'r Mr. Odio: You have five alternate members. Commissioner Alonso: Are you telling me I cannot appoint Mr. Zamora? Mr. Odio: No, well... Mr. Fernandez: Well, Mr. Dawkins, that's his appointment...! Commissioner Alonso: Oh. Mr. Fernandez: ...maybe Mr. Dawkins would let... r -5 Commissioner Alonso: Mr. Dawkins, Commissioner, are you going to appoint him? j Vice Mayor Dawkins: You appoint him. It don't make any difference. Commissioner Alonso: OK. I want Tony Zamora, Rafael Diaz-Balart and Rafael Garcia -Toledo. They are in the board right now. Mayor Suarez: Why am I told that as to my three, I get to reappoint three, plus, also an alternate? . Mr. Fernandez: Right. � Commissioner Alonso: Oh, I think I do too. 4 Sf Mayor Suarez: One alternate per Commissioner. OK, then I reappoint Howard �- Gary, Nino Lucio, and in place of Lee Sanders, Leslie Panties, Jr. and Kishor 4 y' Parekh is reappointed as the alternate. d Commissioner De Yurre: OK, as far as mine are concerned, I reappoint Manny k'l y + Gonzalez, Osmundo Martinez. I am going to replace Joseph Lorenzo with -►r Diaz-Salinero and I got my alternate member, which is Dwayne Winn and 1 ti; reappoint him. " Commissioner Alonso: And, for my alternate, Tony Muniz.__ 3 51 pry Mayor Suarez: OK, with all those nominees in the form of a motion and a second. Any further discussion? If not, please call the roil. Mr. Fernandez: Excuse me, Commissioner Dawkins would have one appoitttmeat to :t make. Vice Mayor Dawkins: I've got three appointments. M ti *ry i - £ tYy q i4r, ftratnd6ts three appointmenta, tight. Actually, also in alternate, Otieaiener Dawkins. Mayor guarest OK, as to those that are made and we can take your& any tiffa ' x z Y Commissioner Plummer: All right, my alternate is Valdo Castro, W' Mayor guareat OK, and as to that too, and any others that may be pending; r Vice Maybt Dawkins, at any time today, we'll take them. Vice Mayor Dawkinst OK, well, I'm going to... Commissioner Plummert I would hope that each and everyone of you is chairman of the ITB, would notify when you congratulate them of their appointment, tallF them that they got a new chairman who is absolutely insisting that they're a either going to attend the meetings or they're going to be replaced. Mayor Suarez: Any names at this point? Vice Mayor Dawkins: No, because I have to check with people I've got on there. Mayor Suarez: OK. Vice Mayor Dawkins: I personally don't see - and I was the chairperson and I don't see where the City of Miami gets the bang for the buck and during the budget hearing, I will be having them explain to me how they got to justify y their budget. So, there's no point in my explaining - appointing anybody till °"- I'm sure the board's going to be there. - Mayor Suarez: All right, as to the nominees, we have a motion and second. Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-605 A RESOLUTION, APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS AND ALTERNATE MEMBERS ON THE INTERNATIONAL- - TRADE BOARD FOR TERMS OF OFFICE TO BEGIN JULY 1, 1990 ;: - AND TO EXPIRE JUNE 30, 1991.' � (Here follows body of resolution, omitted here and on S( �k ' file in the Office of the City Clerk.) u Upon being seconded by Commissioner De Yurre, the resolution was passed j and adopted by the following votes AYES: Commissioner Victor De Yurre �'- Commissioner J. L. Plummer, Jr. ' Commissioner Miriam Alonso Y Mayor Xavier L. Suarez ' x NOES: Vice Mayor Miller J. Dawkins. ABSENT: None. t n_ A y 7 5 � k YY ff ,iiY -- a'd.iiTiiii'iitiii�llLi".ii'iu• ..;;:.Yiu.Ti.111ii.4'—'— ••.: •."`.-: a..7a.a.ii:u3i' _ ........ ...... ,••"'.•`.YY.'it'G6.G •.• 6•.e` `.lii'.W�N� ' 42 APP0114T MEMBERS TO PRIVATE INDUSTRY COUNCIL (PIC) (Appointed mere: Elizabeth Reyes -Diaz, Billy HardiMan, Willy Ivory and `Pitts t heg), ..o.............�.:.— —-------- -- —...._.,.._ — s;c Mayak Suaret: Item 29. The Private Industry Council. Can ore... one of my staff members is interested in serving. Can we appoint somebody from staff? Commissioner Plummer: Sure. If they fit into a category. Mayor Suarez: OK. Mr. Odio: They have categories from the private sector, education... the :F.. person selected must represent the area seat which she or he is appointed, you h have to check that out. ¢— Mr. Fernandez: A member of your staff would not be a member of the private -_ sector to the extent that by private sector or public sector, we mean source_- of livelihood and anybody who works for the City, works for you, would work for the City and in that sense, it's public sector. - Mayor Suarez: OK. Mr. Castaneda:' Commissioner, currently you have Lori Weldon serving, I - - believe that the City Attorney wants to address that issue as to conflicts.' William Alexander has not been attending the meetings of the consortium. For -_- your information, Tito Gomez is from the private sector there. We have a -_ vacant position and Dr. Roosevelt Thomas have been representing the education - sector and he is vice-president of the University of Miami. You can either _- reappoint the same individuals or appoint different individuals. - Commissioner Alonso: If I may suggest a name and... Mayor Suarez: OK. As to the ones we have names. Go ahead. Vice Mayor Dawkins: Lori Weldon has to come off? Mr. Fernandez: I have spoken to Miss Weldon and I have advised her that in my - opinion, serving on two boards, PIC being one and the other one being the Bayfront Park Trust, would put her in what we call a dual office holding type _ -s of situation which is against the constitution. I have advised her of this _ and I would expect that she would make her mind and choose which of the two - boards... t Vice Mayor Dawkins: What is your advice to us? Never mind Ms. Weldon. Are you telling us as a Commissioner, that there is a conflict of interest with her being on the two boards, sir? Mr. Fernandez: Not a conflict of interest but certainly a violation of the dual office holding provision. - - �, Vice Mayor Dawkins: There is a violation? Y n�- Mr. Fernandez: Yes. f fr Vice Mayor Dawkins: Therefore, she has to come off of one of them? Mr. Fernandez: Correct. a f Vice Mayor Dawkins: All right. I nominate Billy Hardiman to serve on the _ PIC. �t Mayor Suarez: Commissioner Alonso, nominee. Commissioner Alonso: Do we have one more? r, Mr. Castaneda: Right. You were going to suggest Elizabeth Reyes. ' Commissioner Alonso: Elizabeth Reyes Diaz. } r, : 114 il$�m z ¢ g Mayor guareat And do we have any more appointments to [sake? Are they by individual Commissioners, Prank. Mr.-Castanedas They have not been but you've got five seats so you Can do it fi pn that way. Y Mayor Suaresr I'll nominate stilly Ivory. He is Construction Manager at a Turnberry.� Mr. Castaneda: dilly? i Mayor Suarese Ivory. bon't... I-V-E-R-Y. Commissioner Plummer: Mr. Mayor, I brought to your attention at the last meeting the problems existing with the PIC and the consortium. I want to tell you at this time that now Monroe County has told the consortium to take their r money and they know what they can do with it. That means that there are now three remaining... Mr. Castaneda: Four. Commissioner Plummer: Four... no, Dade County did the same. Mr. Castaneda: Oh, but they are part of the consortium. Commissioner Plummer: They are still part of the consortium but they are not part of the liability. OK? I want you to know that Miami, Hialeah and Miami Beach have now become the sole liability for a twenty-six million dollar fund. Prior to this, it was five. It is now down to three. Vice Mayor Dawkins: When you say complete liability, what are you saying J.L.? Mr. Castaneda: Commissioner, I disagree with what you are saying. Vice Mayor Dawkins: Well let me hear from him and then I'll hear your ;t disagreement. Commissioner Plummer: Liability is, if funds have to be repaid as in the case of HACAAD this year, the liability is spread out evenly among the consortium' members. HACAAD was lucky in getting a loan from Metropolitan Dade County and as such, paid up their liability. Had they not, then each of the five; consortium members would have been liable for a fifth of the liability. '{ Monroe... Vice Mayor Dawkins: Even though the City of Miami might of had a y g y g program and we met our program at a goal. Commissioner Plummer: Has nothing to do with our own program. As consortium" members they are equally sharing the liability. Now, except for the problem " n with HACAAD there has not been any other problem but the potential is there. So that's all I'm bringing attention that two g g to your people have in fact told them to take their money back. Vice Mayor Dawkins: OK. Mr. Castaneda. y_ Mr. Castaneda: Yes. Commissioners, I disagree with that because to do what jg you're saying in effect, they would be losing their votes in the'consortLum _ since they no longer have the liability they will not have a -vote and In effect, if what you are saying is correct, then your final works for the five x Commissioners here because we would have three votes compared to averybodp else. Commissioner Plummer: Our delegate to that consortium is now Mr. Wally Lee,' Mr. Castaneda: That is correct. arig Krg Commissioner Plummer: There is a delegate from Miami Beach._ Mr. Castaneda: That is correct. Commissioner Plummer: There ie delegate from Hialeah. 4 a a } } 115 July► y_tw . ,. , o,.. kY ; rK 1 � k Mt4 Catstaftodas And there are two... yes, right.o `- ` Commissioner Plummets OX? Dade County has dropped out and given the money back and their is being... ��rv_ money now I Mr. Caetanedas Not to my knowledge, -A' Commissioner Plummers Excuse me. They have given the money back to the .' consortium and the consortium itself is running the program of Dade County. Wally, am I right or wrong? Mr. Wall Lees Commissioner, half way. They've given one program back to the ' consortium._ ' Commissioner Plummer: Did not Monroe County give their money back? Mr. Lees No, sir. They are still represented on the board. Commissioner Plummer: Did they not give their money back? I'm not talking - about ... Mr. Lees On one program, sir. There are various programs that the County, the City and you know, everybody else is involved. Mayor Suarers I can't imagine that they would totally give up participation in South Florida Training Consortium. Commissioner Plummer: OK. I'm telling you, they all are. Mayor Suarez: OK. When we get to that juncture, please advise us. In the meantime, Wally, as the Commissioner is intimating as to that particular one that they have given up, you ought to advise us in writing so that we know what the problems may be and what the liabilities may be. Commissioner Plummer: Well, that's why we talked at the last meeting and told them to proceed to come back to us with us forming our own PIC. Mr. Lee: Mayor, as we indicated at the last meeting, we will have for the first meeting in September, a report on the whole issue so that a decision... - Mayor Suarez: OK. In the mean time, we're just appointing these people but - we do want a final report as to what the most expeditious way for us to go, as it may be, that we ought to do our own. Mr. Lee: Yes, sir. Commissioner Plummer: Only thing, remember, that you assume a 100 percent of ar the liability for whatever monies you get. Mayor Suarez: And I want to understand at that point what this whole issue of - ~ assumption of the liability that I hear, Commissioner Plummer is making reference to. Commissioner Plummer: You are aware, for the record, that the City of Miami put in over three hundred and seventy-five thousand of our money into this program last year. Just want you to be aware of that, from CDBG money that could have been used for something else but because of the fact that they only F get so much administrative money, they had to kick in $575,000 last year. r Mayor Suarez: OK. All right, as to those appointments, have we voted, Madam- City Clerk? Ms. Hirai: Sir, I just need a motion. _ - i Mayor Suarez: Yes, Frank.- _ .' Ms. Hirais No, we have not voted, now. We haven't voted, I need a... Mayor Suarez: OK. I appointed or 1 nominated one, Commissioner Alonso nominated another, Commissioner, Vice Mayor Dawkins nominated another, so W-e have three nominees. Any others? If not, let's vote collectively *n tbos*' three,_- K ryyy= 116 J0,Y, 24 9.44 Y k% ,Ph 5" Mr. Caatanedat Who are they replacing, Mayor? Billy Hardiman is replacing iori 'Weldon. Who is replacing hill Alexander? � Mayor Bushes: Well, are the other ones attributed to each individual Conmtissidneri or notfi Mr. Castansdat No, they have never been. F. V; :;.. Mayor Suarezt So, how are we going to know? As of now, We're reappointing. ' all five, and we have two missing but we've got three. Are we going to tape two more from the other two Commissioners? ' Commissioner De Yurre: OK. Well listen, I reappoint Tito Gomez. Mayor Suarez: All right. There is another one. And we just need one then r we'll take Commissioner Plummer's suggestion on it. In the mean time, all five of those are off the board. Mr. Castaneda: Do you want to reappoint Dr. Roosevelt Thomas? Mayor Suarez: Don't ask me, ask Commissioner Plummer, we're going to let him make the decision on the fifth one. Commissioner Plummer: Which, who? Mr. Castaneda: Dr. Roosevelt Thomas as the fifth one? Commissioner Plummer: I think I did this for Miller. Vice Mayor Dawkins: No. If he did, he would have. Commissioner Plummer: Isn't that for you? Vice Mayor Dawkins: No, I've got mine. Thank you. Commissioner Plummer: Let me think about it. Mayor Suarez: All right. As to those other four, we have a motions and seconds. Any discussion? If not, please call the roll. f r:- I The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO. 90-606 i; A RESOLUTION APPOINTING FIVE (5) MEMBERS TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS TO EXPIRE JUNE 30, 1992. x•. (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 and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 4 f�- M Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez, NOES, None. Y �i ABSENT: None. �z 4 Mr. Fernandez: Mr. Mayor, point of order. Back to item 27, where you appointed Michael Zogby to the... fi K Mayor Suarez: He is resigning from the other board that he serves on. Mir. Fernandez: OK. Thank you. 117 t �y **W ftarez: Effective today. J "_.Y.. ••—iiiiiYiiilt---- 4 APPOINTUDIMUAI, TO CITYWIDE COMHUNM DEVELOPMENT ADvISORY 10 �— (Appolhttid kaet Elio Cruz). h� L�.W.rrii..aiYrr.rr.YW.r8lWa4roYSY.i.awi.yr.iirrlirYiiwiYfi..ialYi.ii'/iiiliL _ Mayor Suarezt Item 30. Citywide Community Development Advisory Board. f� Mr. Odiot Commissioner Dawkins has an appointment and Commissioner Plummer and Commissioner Alonso. T J. Commissioner Plummer: Who was my appointment? Mr. Castanedat Your appointment... - Mr. Odio: Josie Gonzalez. He resigned or she resigned, I don't know. Commissioner Alonso: Elio Cruz. Commissioner Plummer: I'll have to get you another name. jk Mayor Suarez: Is this... we get two per? Mr. Odic: Commissioner Dawkins has a vacancy and Commissioner Plummer and w Commissioner Alonso. Commissioner Plummer: I'll have to get you a name. Vice Mayor Dawkins: I'll have you one by September. { i Mayor Suarez: I don't have any appointments? Mr. Castaneda: Yes, you have two. Mayor Suarez: How many? Mr. Castaneda: Two. i Mayor Suarez: Who are my existing ones? OK, I reappoint, I move to reappoint '` Andy Rosenblat. Mr. Odio: You don't have to, it is not necessary. �t Mr. Castaneda: Andy Rosenblat is one of your appointment, your other appointment is... , . Mayor Suarez: They have not expired you say? � Mr. Castaneda: No. A two year term. x 47, Mayor Suarez: OK. As to the one that have been nominated. Vice Mayor Dawkins: Moved. $; Mayor Suarez: Moved. Commissioner Plummer: As it... second. Mayor Suarez: Call the iy roll. � 4 117777 ?'44'�C" � ..5"5 =M t The fo iowifi8 rosoiuticn was Introduced BY Vitro mayor DaAlfie, whd mod �� ,' its adc�ptio't1t �k r �. ASSOLUTION NO. 90-60I € A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE 910HT t (16) MMOIRR CITYVIDR COMMUNITY D1V=PM2NT r' ADVYSOItY BOARD IN ACCORDANCE WITH RESOLUTION NO, 87- 1006, ADOPTED BY THE CITY COMMISSION NOVSMBER 19, tt#` 1987. (Here follows body of resolution, omitted here and on' file in the Office of the City Clerk.) x Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following votetAr AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. - Commissioner Miriam Alonso A Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES-. None. ABSENT: None. 44. APPOINT INDIVIDUAL AS MEMBER OF HEALTH FACILITIES AUTHORITY (Appointed was Gloria Rosello). — ----------------- - ,_.__------_--_-___.._w_�____.� Commissioner Plummer: Who is my member on the Health Advisory Board? Mr. Odio: You don't have an appointment now, it's only Mayor Suarez. Commissioner Plummer: OK. Vice Mayor Dawkins: Whose appointment is it? Mayor Suarez: How many do we have? �t Mr. Odio: Only one, by the Mayor. t.1 Vice Mayor Dawkins: By who? Mr. Odio: Mayor Suarez. Y` Y Mayor Suarez: That's the only one that's pending? Mr. Odio: That's the only pending, yes. Mayor Suarez: OK. I nominate Gloria Rosello. f Vice Mayor Dawkins: You couldn't have picked a better person. Mayor Suarez: Entertain a motion on that appointment. 4 Commissioner Plummer: So moved. Mayor Suarez: Second. Any discussion? If not, call the roll. 3, 4 x. K a $ Sxx r r .� FILM tbo F- s o fallowing reooiutioh w&a ititt Educed by Vice Mayor DAWkifid l *h6 t #d its Anaptadfit A986tutION NO, 90-608 A MOLUTION APPOINTING ONE INDIVIDUAL AS MIDIgMR Or � CITY OF MIAMI, FLOItIDA, NNALTH rACILITtFS 3 AU'Pt ORITY. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded b Commissioner Plummer, the resolution was p g y passed and adopted by the following vote: _�;= AYRS: Commissioner 'Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso — Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez_ NOSSs None. ABSENT: None. y 6- 45. APPOINT INDIVIDUAL TO SERVE AS MEMBER ON BOARD OF TRUSTEES OF GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Appointed was: _— Krista Woods). Mayor Suarez: Item 32. Who do they recommend? Vice Mayor Dawkins# Who did they recommend? F Mr. Odio: Krista Woods. Vice Mayor Dawkins: That's all the recommendation? - Mr. Odio: Yes. And advise the Theresa Pollock has resigned her position -and t_ Ms. Wood has been elected, so it would be Krista Woods. Vice Mayor Dawkins: So moved. Commissioner Plummer# Second.= Mayor Suarez: Moved and seconded and thirded. Any discussion? If not, =yY, please call the roll.t_ Commissioner Plummer: Wait a minute, there is a gentleman there. Mr. Frank Chilmewsky: No, I'm just here representing the trust fund. Mr. Odio: Well, sit down. ,- Mayor Suarez# OK. Are we OK on that recommendation? Is it within the ,o guidelines and otherwise? Call the roll. };t f t Y� � F i• t^ JOY to � a y The following resolution was introduced by Vito Mayor Dawkibbi Who ww&dl its adoptions RESOLUTION NO. 90-609 a, A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER ON nm BOARD OF TRUSTEES OF THE CITY or MIAMI GENERA% EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR THE REMAINDER OF A TERM OP orgies AS PROVIDED FOR BY ORDINANCE NO. 10002, APPEARING IN THE CITY CODE AS SECTION 40-227 (Here follows body of resolution) omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ;= 46. REAPPOINT AND APPOINT INDIVIDUALS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY (Reappointed were: Jeffrey Bercow, Doran A. —_ Jason, William M. Klein, John Lowell, Jr., and Douglas McKinnons appointed ware: Henry A. Adorno and Annette Eisenberg). Mayor Suarez: Item 33.- Vice Mayor Dawkins: Thirty-three? Mr. Odio: DDA (Downtown Development Authority) board has nominated Jeffrey F. Bercow, Doran Jason, William Klein, John Lowell, Jr., Douglas McKinnon, Henry Adorno and Annette Eisenberg. Mr. Fernandez: And it should be clear to this Commission that what you're`i doing is that you're confirming the reappointment of the DDA because in fact, these individuals have already been either appointed or reappointed and they are coming to you for confirmation. r' Vice Mayor Dawkins: I'm getting into the same thing with the DDA that I've hr_ been in with Off -Street Parking and every place else. Not one of them you named was black. Not a one. Commissioner Plummer: How many blacks on the DDA? Mayor Suarez: Doug McKinnon is black.` Mr. Matthew Schwartz: There are currently three blacks members. There are currently... �xk=: Vice Mayor Dawkins: Beg pardon. How many did you name... see, current, OK. What's the total composition? How many? Mr. Schwartz: There are twenty-four, there are twenty-nine members$ -four � are.... Vice Mayor Dawkins: Twenty-four... how many people make up the DDA board, her many people? ' Mr. Schwartz: Total, there are twenty-nine. u fiby�' t } 121 July 26, ' ;_ w s Vice Mayor Dawkinas Twant nine y y- people. And then you tell fne it's thsset of twenty-nine and presently we've got three and f'm :supposed to be happy. # Give me a break, please. And yet, with the three you come up with theme nominations, OK, and everybody you name is a hard working person on the hoard. - lut had you had me represented equally at the very beginning, I would not have �.1 . to Argue how, Ever rg y person that was named is hard working and produt:tivg on that board that you just named. I can't argue with nobody that you juAt named, Rut I'll tell you what if anybody you've y , y y get off, you ve got to teaks son►e arrangements. a- - x,: Commmissioner Mummers Well, it's not going to exist beyond October anyway. lb Mayor Suarez: Yes. As to the ones that are very interested, I'm going to suggest at some point, Ray McGee who, is very interested in serving. n: Commissioner De Yurre: We can always dissolve it and reconstitute it with new �- appointments. Mayor Suarez: We can always do that. OK. As to those appointment, I'll entertain a motion or actually, confirmation of appointments, I know that we took into account the new Commissioner who has been wanting to make some appointments, out of fairness to her and to the ones that have been serving — which by the way, Vice Mayor, they do include, one of those is black, McKinnon, Doug. Vice Mayor Dawkins: All right. You see, you attempt to pacify me. How many did you name? One out of seven and you tell me, by the way, one of them is �•! black. Pacification. Mayor Suarez: I was just answering your question as to how many of those appointees were. Vice Mayor Dawkins: And our buddy over here is not missing a thing. Mayor Suarez: Right. He is going to come up with a headline as negative as he can possibly come up with. Vice Mayor Dawkins: OK. Thank you. OK. No problem. Commissioner Plummer: It will definitely be black olive trees. - Vice Mayor Dawkins: I don't like those either. OK, what's the next item? Mr. Fernandez: Is there a vote on this one? Vice Mayor Dawkins: Call the roll, Madam Clerk. Ms. Hirai: We don't even have a motion, air. Can I have a motion on this? `. Vice Mayor Dawkins: Yes, ma'am. Second. y� h t: 3 1: 1. y i s. r a July gb R^+I'r rf '_ L�v .� The following resolution Was introduced by Commissioner be Turret Who moved its adopt ion s RESOLUTION NO. 90-610 A RESOLUTION REQUESTING THE CITY COMMISSION TO CONFIRM THE NOMINATIONS REAPPOINTING JEFFREY BERCOW, DORAN A. JASON, WILLIAM M. KLEIN, JOHN LO`WELL, JR., AND DO'UGLAS MCKINNON TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUViORITY FOR TERMS EXPIRING JUNE 301 19941 FURTHER APPOINTING HENRY N. ADORNO TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE JUNE 30, 1994. (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 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. 47. (A) REQUEST MEMBERS OF DADE COUNTY SCHOOL BOARD TO APPEAR BEFORE CITY COMMISSION REGARDING THEIR REQUEST THAT THE CITY PURCHASE A LAND PARCEL ADJACENT TO DOUGLAS ELEMENTARY SCHOOL IN CONNECTION - WITH THEIR PROPOSED EXPANSION PROGRAM. (B) DEMAND AUDIT OF DADE COUNTY SCHOOL BOARD RECORDS TO ASCERTAIN WHAT PORTION OF $980,000,000 BOND MONIES ARE PLANNED TO BE - ALLOCATED TO THE CITY OF MIAMI. Mayor Suarez: Item 34. Vice Mayor Dawkins: Ah, this is a good one. Commissioner Plummer: He, he, ha, ha. Vice Mayor Dawkins: Ah, this is good... Commissioner Plummer: Nine hundred and eighty million dollar bond and they want us to buy something for them. Vice Mayor Dawkins: No, no, you're leaving out, J.L.... Commissioner Plummer: The 12 percent increase. ; Vice Mayor Dawkins: A nine hundred and eighty thousand dollar bond, then Mr. Joe Fernandez came back and raised taxes. Then he left, he left it on poor, Paul Bell and now what is it? eleven what? Commissioner Plummer: Eleven point eight. Vice Mayor Dawkins: Now 12 percent more they're going to raise and now they „t want the City of Miami to buy a piece of property and give it to the school., Mr. Odio: Mr. Dawkins, I agreed to put this item on the agenda, but I'm gpiag to recommend against doing this. Vice Mayor Dawkins; Hey, that's all right. Mr. Odio: OK. 123 ,luy Z6;; :19,9 i F C aisgioner Plummer: And they also demand that we pay $360,000 for a school resource officers program which rightfully should be theirs+ , T trice Mayor Dawkins: You know, and the part that's real - I mean, stick in my neck, Oft? Overtown/lurk Went, we have improved the area, OK? Thereforb, the tax base goes up. the school board gets more money from that areal, ' because we went in with the tax dollars and uplifted it, OX7 Everybody and the water department gets more money, everybody gets more money, but nobody comes behind here and gives us anything. Now, I love Douglas and you go batik and tell the school board that I'm in complete agreement with them making a magnet school in the heart of the ghetto. But they have to do it out of that $080,000,000. Mr. Matthew Schwartz: Commissioner Dawkins, I think it would be helpful if there was a City resolution to that effect that we could go... Vice Mayor Dawkins: Beg your pardon? Mr. Schwartz: If the City Commission resolution to that effect that we could deliver back to them in September. Vice Mayor Dawkins: Oh, no, I do better than... Commissioner Plummer: Would we... Vice Mayor Dawkins: All right, no, wait a minute, J.L., no, no, no. I'll make a motion that those at school board desirous of this come before us and request it. Commissioner Plummer: At least a majority. I second. Mayor Suarez: So moved and seconded. Or the chairman or a representative. Any discussion? Vice Mayor Dawkins: But, no, but they bring enough to try to convince us. Mayor Suarez: Yes, if they want to convince us, they probably ought to, yes. ._ Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-611 A MOTION REQUESTING THAT MEMBERS OF THE DATE COUNTY �? SCHOOL BOARD PERSONALLY APPEAR BEFORE THE MIA41 CITY COMMISSION REGARDING THE SCHOOL BOARD'S REQUEST THAT 1_ THE CITY PURCHASE A LAND PARCEL ADJACENT TO DOUGLAS 'x ELEMENTARY SCHOOL, WHICH ACQUISITION WOULD ENABLE THE SCHOOL BOARD TO UNDERTAKE A $2,500,000 EXPANSION PROGRAM. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: fM , .t: AYES: Commissioner Victor De Yurre t Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso u4. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez r' NOESs None. ABSENT: None. Commissioner Plummer: Mr. Mayor, I'd like to make a motion that we demand as '. audit of the school board to demonstrate, since the City of Miami t*sy*sra pick up 27 cents of every dollar, what allocation of the $980,000,000 of bonds is going to be spent in the City of Miami? 4� 124 July 244 19, 0 4 fi n a �- 41 "r r •Y - dji'F i b6 Mayor duarest 'Fee, and probably you Could do it, unless you w nt t6 do it � aiith an actual audit, you bould do it ,just by requesting them to give you that ��— R� breakdown, but specifically giving the breakdown with specific items, Comissioner Plummer: with numbers. Vice Mayor Dawkins: I'd like to amend that, J.L., with a timetable of whmtl ' , they expect it. f - 4.1 } Ma of Suareat For us to cooperate on the other matter, right. ' Cotmuiesioner Plummsrt You want what is... Vice Mayor Dawkins: The schools that you're talking about may be at the and of the list, J.L. ' Commissioner Plummers OK, well, that's fine. I'll so move. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. — x; Counissioner Plummer: Do you understand what I'm saying, Mr. Manager? If _ ,r we're spending twenty-seven cents, I want back twenty-seven. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-612 A MOTION OF THE CITY OF MIAMI COMMISSION DEMANDING AN - AUDIT OF THE SCHOOL BOARD'S RECORDS IN ORDER THAT THE 4, CITY OF MIAMI MAY ACCURATELY DETERMINE WHAT SPECIFIC - ;" ALLOCATION OF THE $980,000,000 BOND ISSUE IS INTENDED TO BE SPENT IN THE CITY OF MIAMI AND A TIME TABLE AS TO WHEN THE BOARD EXPECTS TO DO SO, GIVEN THAT CITY OF r MIAMI TAXPAYERS CONTRIBUTE 27 CENTS OF EVERY TAXI. DOLLAR COLLECTED BY THE SCHOOL BOARD. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre t` Commissioner J. L. Plummer, Jr. '~ Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins f Mayor Xavier L. Suarezq ' NOES: None. ABSENT: None. 1 54� ` COMMENTS AFTER ROLL CALL: ' Mayor Suarez: Item 35. 2: Commissioner De Yurre: You're never going to get back the 27 cents. Mr. Fernandez: Mr. Suarez. Commissioner Plummer: What? Commissioner De Yurre: You're never going to get it back because most of that moneygoes out to build new schools on the outskirts. Commissioner Plummer: Yes, well you remember when the Count y passed. a $3000000,000 bond issue and I asked, ghat are doing for the City?redsigg`_ Viscays, rebuilding Rickenbacker Causeway. That's what the City got back fsi its 27 percent of $300,000,000. Mayor Suaroa; Mr. City Attorney you were saying on thirty-five? r n k �4 n Mayor Suaress item 35. Commissioner be Yurrea Commissioner Plummera You did that one already. r ..............`.._..---..__:.........----_------- - - - - - - W-_-------......_�.�.�-.....,.� We did thirty-five. 48. (A) EMPRESS CITY OF MIAMI' S OPPOSITION TO DADS COUNTY ORDINANCE 90- ?3 AS IT RELATES TO DIVISION OF CABLE TELEVISION LICENSE FEES BETWEEN THE COUNTY AND MUNICIPALITIES. (B) REPORT BY CITY ATTORNEY ON THE STATUS OF TCI (THIS - COMMUNICATIONS, INC.) - INFORM COMMISSION OF HIS DECISION NOT TO APPEAL AT THIS TIME. (C) BRIEF COMMENTS BY VICE MAYOR DAWKINS CONCERNING LACK OF SENSITIVITY ON TCI'S PART AS TO THEIR UNFULFILLED PROMISES FOR A GREATER INVOLVEMENT OF BLACK MIAMIANS IN THE CABLE TV COMPANY. Mayor Suarez: Item 36. Mr. Odio: We placed this in front of you so that you would be aware that the = County through the efforts of Commissioner Larry Hawkins have been trying to make the City lose about four hundred and some thousand dollars a year of revenue. We have an intergovernmental agreement with the County, interlocal agreement with the County that we would receive 4 percent of the franchise fees paid by the cable company and that they would receive one. I met with Commissioner Hawkins and his reasoning was, or is, that the County is doing most of the work for us with the cable franchise. We informed him of the fact that that is not so and we get all the complaints, we handle them and we do most of the work that has to be done to handle this franchise that is done by the City and that we would not agree to the split the wants which is now... he changed it, before it was one and they would get the four, then he agreed to go three, two, that's still not acceptable to us, we want our 4 percent', we want to keep the 4 percent and we want the County to keep their hands off our money. Mayor Suarez: Now, these come from cable operators? - Commissioner Plummer: Franchise fees. Mr. Odin: The franchise fee. ;= .` Mayor Suarez: Franchise other than T.C.I. � Mr. Odio: No, T.C.I. = Mayor Suarez: From T.C.I.? Mr. Odio: From T.C.I. which is the one that we have. t - Commissioner Plummer: Well, all of them pay it but ours is... Mayor Suarez: But are they all pooled in and some how then allocated between the cities? I don't care, why don't we just get the one in our City and then k i�. they get the ones in their jurisdiction. Commissioner Plummer: No. The County gets the one, and we get the four. �r Mr. Odio: It's a state law that the monies go through the County. We hand an interlocal agreement drafted that the way they were to be split would be .4 percent for the City and one for the County.` F; Mayor Suarez: OK. But do we get a percentage of the ones that are in other areas, other than?... Commissioner Plummer: No, the County sloes. We don't r 'fa. . W } T e 26 uly 144, i r What happens, that in 196 y a� awn MT tv • Mr. indict Rio, we don't. The County gets it. Mayor guarezt 5o this is only as to the one regulating and which we granted the franchise. all, Mr. City Attorney? Mr. (idiot Pass through. Mr. Fernandeet That's a good question. agreements... Mayor Suarezt That I asked. Mr. reruandezt In the area of franchise agreement, and this is all related to the concept of home power rule, that the... Commissioner Plummert Home rule charter. Mr. Fernandez: ... Home rule charter, exactly, that Metropolitan Dade County has, in the area of franchise, the County has already gone to court and proven to the City of Hialeah Gardens - and in other places throughout the state, other counties have done it - that they have the right to share in whatever franchise fee a municipality maybe getting. In the case of Florida Power and Light... Mayor Suarezt Is there a legal obligation to share it on a proportion to the s; effort expended or to the supervision exerted basis? Mr. Fernandez: Yes. There has to be a rational basis link test there and they believed originally at one time, that the four to the City and the one to the County specially because the County was going to be providing all the public access TV programing that needed to be done because the City was not doing it, then it was thought to be fair and it stood at that. Mayor Suarez: You need to first take any action Mr. Manager, at this point? Mr. Odio: I would like a resolution from this Commission informing the County that you do not agree with the new split, that you want to maintain the split` f: that we now have. Commissioner Plummer: I so move. Vice Mayor Dawkins: Second. Mayor Suarez: OK. Mr. Fernandez: My understanding, that would be f ine but my understanding is that the action that the County Commission has taken does not directly impact on us right now at this time. Mr. Odio: Yes, it will. It will impact on us. Mayor Suarezt Why will it impact on us? Mr. Fernandez: It will perhaps when we get into a new franchise agreement. Mr. Odio: That's right. Vice Mayor Dawkins: Why should we wait until it impacts on me to change it? Mr. Fernandez: Correct. I'm not speaking against it. Vice Mayor Dawkins: OK, well let's change it. Mayor Suarez: And when would that be? - assuming that we're still with the existing franchise, when does it expire? - assuming no extraordinary... Unidentified Speaker: nineteen ninety-six. Mr, Odio: I think it was nineteen ninety-six. automatically you lope whatever share you had. another,.. 127 lip Mayor guarott She is the game person that used to cork for us? Mr. Odio: Vhat? If you deeide to issue another... x Mayor guaree: just lost a lot of weight. k' Commissioner Alonsos Indeed, she has. 3 Vice Mayor Dawkins: And look good, too. -sue Commissioner Alonsos Great. Mr. Odio: If you decide to issue another franchise to compete with T.C.I.s then the split would be different. Mayor Suarez: All right. Thank you for the report. Any thing further on it? Commissioner Plummer: Let me just ask a question. Sue, do people pay us for the use of our I Network? The school board is paying us for the use of the - use? ` Vice Mayor Dawkins: Your name isn't Sue. His name isn't Sue, is it? Me. Sue Smoller: The school board currently is not paging us for the I Network. y- Commissioner Plummer: Why not? Ms. Smoller: Because they are not using it on a steady basis. — Commissioner Plummer: They are using it. - Ms. Smoller: They are using it for... they have used it on an experimental - J.` basis for the community dialogue, they've used it about three times for the community dialogue programs that originate from the Caleb center. _ Mr. Odio: We are working... If they're going to use it on a regular basis,_ they would have to pay for it. }_ Ms. Smoller: And we've discussed this with them. r ,4 Commissioner Plummer: Hey, let me tell you, they use our S.R.O. for $360,000 a year on a regular basis. OK? I want to get that money back. I move the resolution on the other to the County. Vice Mayor Dawkins: Yes. Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who �n moved its adoption: RESOLUTION NO. 90-613 y A RESOLUTION EXPRESSING THE CITY OF MIAMI'S OPPOSITION TO DADE COUNTY ORDINANCE NO. 90-73 AS IT RELATES TO DIVISION OF CABLE TELEVISION LICENSE FEES BETWEEN THE COUNTY AND MUNICIPALITIES: FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE to i.* BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA. : i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) s. Upon being seconded by Vice Mayor Dawkins, the resolution was passed gnV ;' adopted by the following vote: p �. 126 July 0, 10�� .raVkm -c kY kr �� ,, t(, 1 9 A'Y`gg: Commissioner Victor Ike Turks � Commissioner J. L. piummsr, Jr. Commissioner Miriam Aionso -` Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez_ 140991 None. rr ADSBNTs None. Vice Mayor Dawkins: Mr. Manager, this is the third item I'm going to give you: ` on my laundry list to deal with the County. I've told you three items, I want you to provide me a laundry list of the things that the County needs from us that they are going to have to give up something on in order to get them. Now this is the third one I've named today, right? Mr. Odio: Well, I'll give you a big one. They need, what you saw today is A� only a piece. They need to cross the Bay on our property to get to the plan Y out there again.,_ Vice Mayor Dawkins: OK. When we come back in September, I need the laundry list of what they need from us, so that when they tell us that they want to raise our dumping fees by eight dollars because you've got to give up something in turn to get something back. Commissioner Plummer: Or don't park in the door. Mr. Fernandez: Mr. Mayor, a moment of your indulgence please. While we are on this item of T.C.I., I have already communicated or met with each of you and reported to you on the recent defeat that the City had in the lawsuit with T.C.I. At this time, it's my recommendation to you... Mayor Suarez: Minor temporary setback is the way Commissioner De Yurre suggestingly characterized that. Mr. Fernandez: Yes. That's right and that's exactly what it is. Mayor Suarez: Now do we need to take any action on that today? and if not, I wouldn't recommend getting into it too much. You've given each one of us... Mr. Fernandez: No, that's right, exactly. Mayor Suarez: Thank you. Mr. Fernandez: It's simply to report to you that I do not intend to take an appeal at this time from that decision. >� Mayor Suarez: All right. Commissioner Plummer: Wait a minute then, you've got to get an action of this Commission because the policy is that you automatically take an appeal. Mr. Fernandez: Unless I come to you and report to you. Commissioner Plummer: So then, valve got to tell you, not too, by motion. Mr. Fernandez: Well, that's why I'm hoping that you would tell me. Commissioner De Yurre: Move to recommend not to take... Mayor Suarez: Are we going to get something in exchange for that, I presume? Mr. Fernandez: All right, let's hope. I'm working on that. Commissioner Plummer: The fact of a motion does not take away some of your bargaining power, I hope. Commissioner Plummer: They are going to give you some anow ploughs for Fla gler Street. Commissioner Alonso: That's what? 129 July 26, 1990 i 41 'y4 • s Comtossioner P umndrs Show ploughs for Flagier Street. Mayor Suarez: All right. Mr. Fernandez: All, really, I only need to get from you, a senile that you ift fact support ray recommendation to you does not need to be hedeAsaril,Y formalized by way of resolution, - as I report to you. Commissioner Alonsot See, no action. Vice Mayor Dawkins: All right. Everybody but.me. OX? Now, I told you.in office and I will tell you publicly, when I came on this Commission in 181 the cable TV company promised that black Miamians would share in all of the profits made by that company. I have constantly sat here and brought thew before Commission and each time, they were able to get three votes to override that which I said. Then when we finally get something going, we go to court, they go to court and say that we were forcing them on a set aside. What we forced them to do had nothing to do with a set aside. What they were supodsi to do were promises made by Mr. Hermanowsky to Father Gibson to me, .i.L: Plummer, who were here when it happened, and that is that he was going to put the station in Overtown and he would put black people in management and etit' and etc. I take a front to the fact that we allowed T.C.I. to come in with an excuse of a seventeen percent set aside which was not in affect, when all these promises were made in 1981 and so therefore, I don't... I mean, donut appeal because you are the lawyer and I take your word for it, but I donut agree. That's all, personally. ----------------------------------------------------- 49. WAIVE COMPETITIVE SEALED BIDS REQUIREMENT - APPROVE PURCHASE OF POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL (SOLE SOURCE VENDOR) - TO PROVIDE INTEGRATED SOFTWARE SYSTEM TO OPTIMIZE POLICE SCHEDULING AND DEPLOYMENT (LAW ENFORCEMENT TRUST FUND). Mayor Suarez: Item 38. Commissioner Plummer: Move it. Mayor Suarez: Moved. a Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, The following resolution was introduced by moved its adoption: RESOLUTION NO. 90-614 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL, THE SOLE SOURCE VENDOR TO PROVIDE AN INTEGRATED SOFTWARE SYSTEM TO OPTIMIZE POLICE SCHEDULING AND DEPLOYMENT, AT A PROPOSED TOTAL COST NOT TO EXCEED $92,000.00; ALLOCATING FUNDS THEREFORE FROM THE LAW ENFORCEMENT TRUST FUND; AUTHORIZING THU CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonsso, and adopted by the following votes 00 the resolution wasaele`- 1 t «rr�: 3'F B � AVIS I commissioner victor Do 1rurro Cofiftiost6ft6t J. L. Plummer# Jr. Commigaianor Miriam Alonzo Mayor Xavier L. Suarez *Vice Mayor Miller J. Dawkins AISINT t None. * - NOTE FOR THE ASCO"t - Although the motion, he later changed his vote COMMENTS MADE A M R ROLL CALL: Commissioner Plummert joaq you were Mr. Fernandezt Mr. Mayor) thirty-eight was a public hearing announea specifically. Vice Mayor Dawkinst Hey, hold it, hold it. Thirty-eight. Mayor Suarezi Does anyone wishes to give any opinions for or against iteM.30.1 If no, stop forward. Let the record reflect that no one did. --- — ------------------------------------------------- 50. RATIFY MANAGER'S FINDING OF EMERGENCY - WAIVE SEALED BIDS REQUIREMENT_ FOR ACQUISITION OF SOD TO BE IN PLACE FOR FORMAL DEDICATION OF Tlht.:, MILDRED AND CLAUDE PEPPER MEMORIAL FOUNTAIN IN BAYFROMT PARKS (PROJICT 331305). Mayor Suarez: Item 39. Does any one wish to be heard for or against item 39.?,,:-,1. Let the record reflect that no one stepped forward... Commissioner Plummer: Move it. Mayor Suarez: and therefore, it's moved. PC Commissioner Alonso: How is it, July 4th? How It looks? The now grass? Commissioner Plummer: Beautiful, gorgeous. Commissioner Alonso: Come on J.L. Mr. Wally Lee: Commissioner, it looked fine July 4th. July 5th, it looked little beat up, but. Commissioner Alonzo: I want him to tell me. Vice Mayor Dawkins: I'm going to change my vote on 38, although it's One, ism �y going to change my vote. Mr. Odio: OK. IN Vice Mayor Dawkins: I keep telling you, I cannot in my right mind vote ttt waive competitive bidding on a $92.000 item. I just can't do it. Commissioner Plummer: Excuse me. Just for your edification, I have $one into f' this extensively, it is in fact the only program available. Mr. Odio; People in the country. In all of the United States, Vice Mayor Dawkins: Beg pardon? Commissioner Plummer: It in the only company available) sir. I want know that because you know how I feel about sole sources. Just waut. know that, you won't change your vote, I'm not arguing but I... Vice Mayor Dawkinxt I've changed my.,. I vote, no, Commissioner Plummer; OX. 131 T Mayor Suarets All right. Vice Mayor Dawkins And it I can find a black company that d6od this all, you would change itt Commissioner Plummer: Yes air, sure would, because I can U11 ybujft 6 exists. Vice Mayor Dawkinat log pardon? yyk Commissioner Plummers No other company exist, Miller, I'm telling you that.;;'_-44, Vice Mayor Dawkins And none of them have no black salesman? Commissioner Plummer: Now, excuse me, I can't. I'm not about to sit hers and. tell you that. This not a salesman issue. Vice Mayor Dawkinss Somebody had to sell it to us. Commissioner Plummer: It's a company issue. Vice Mayor Dawkins Somebody sold it to us from the company. Commissioner Plummer: It was sold by other police departments who are using it and had tremendous success with it. Mr. Odio: It started with the city, of San Francisco. Vice Mayor Dawkins: OK, I vote no. Call the next item Mr. Mayor. M not going to hold up the agenda. NOTE FOR THE RECORD: At this point, Vice Mayor Dawkins changes his vote to "no" on previously passed Resolution 90-614. Commissioner Plummer: Hey, listen, let him change his vote, it's still four-,,-."., to one. Mayor Suarez: Mr. City Attorney, you're going to make any comment on 397 Mr. Fernandez: Yes. On that item, are there still four votes, Madam Me. Hirai: It's four to one. Mr. Fernandez: Right. Commissioner Plummer: On thirty-nine? Mayor Suarez: On item thirty-nine then... Commissioner Plummer: I moved it. Mayor Suarez: Moved. p Commissioner De Yurret Second. Mayor Suarez: the roll. Seconded. Any discussion on thirty. -nine? Tf nnt- nl,&... �ii The following resolution was introduced by Commissioner Plummer, Who moved its adoptibna RESOLUTION NO. 90-615 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF THE MEMBERS OF THE CITY COMMISSION 'WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR THE ACQUISITION OF SOD REQUIRED TO HAVE BEEN IN PLACE: BEFORE JULY 4TH, 1990, THE FORMAL DEDICATION DATE OF THE MILDRED AND CLAUDE PEPPER MEMORIAL FOUNTAIN IN BAYFRONT PARK AT A COST NOT TO EXCEED $22,308:65; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTED JUSTIFYING SUCH WAIVER FOR SAID PURCHASEI RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RESPONSIBLE BIDS) FOR SUCH PURCHASE FOR SAID PROJECT; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENTS PROJECT ENTITLED "BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN PLAZA COURT", PROJECT NO. 331305, ACCOUNT CODE NO. 319201-830. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: OK, again. This is an emergency, right? Commissioner Alonso: Right. Mr. Fernandez: Yes. Vice Mayor Dawkins: Who you bought the sod from? Who? Mr. Lee: An outfit called... Vice Mayor Dawkins: And I know good and well there are some black sod companies out there. See, don't tell me we don't sell sod. Now we may not sell whatever this is over here. Mr. Lee: Commissioner, the name of the company is South Florida Maintenance Services. Vice Mayor Dawkins: Where are they located? Mr. Lee: Sixty-two thirty-five Southwest, Eight Street. Vice Mayor Dawkins: Southwest Eight Street. Mr. Lee: Pardon? Vice Mayor Dawkins: Southwest Eightieth Street. Mr. Lee: Southwest Eight Street, Eight. Hispanic firm. Vice Mayor Dawkins: Hispanic firm. Mr. Lee: Yes, air. zt, Vice Miyor Dawkins: OX. So that is a minority, OR, gut heY) we donit 0t,'ill shirt, *an. As Brag as you all Mao corning up with waiv iftd aft*etitiVib bids. And t v►oPuldn't wind if one of those you waived in my favor. Ky U Mr. Last Yos, air. ; Vice Mayor Dawkinst Now try to., the next one you all waiver let Me asell Acre you're going to waive it, oX? x. Vice Mayor Dawklna: OK `3 ' y r air. FYI Mayor Suarez: Waive it in this direction, would you, Wally? Mr. Lees Pardon? Mayor Suarez: Waive it in this direction, if you know what I Mean. Thad you, sir. ;g i2 Z — — — —. r r —r— ------ -- r�rr�rrii.�wbwiiM.riYLrW 1i► �" �yK 51. (Continued Discussion) GRANT $10,000 EACH TO THE BAKEHOUSE ART COHPL=t ' AND THE MIAMI DESIGN DISTRICT, CONTINGENT UPON BOTH ENTITI19S ODTAINIi�i(# � � MATCHING SUMS ON A THREE -TO -ONE BASIS FROM STIPULATED SOURCES. label 9A). r —rr—r—.rr—..----r..r-----r—r—..... r.--.----r—.r—..---.r—...---r+.—rrr—.—...�—.w�—�--�—:.rrr.r..��rw.wrc Mayor Suarez: Commissioner Alonso wanted to handle a morning item that toe left pending, that we had tabled. Commissioner Alonso: Yes. It's the... Mayor Suarez: Bakehouse Art Complex. Commissioner Alonso: ... Design District and the Bakehouse Art Complex. Mayor Suarez: There are funds to match the applications? — Mr. Odio: We have left in the budget $20,000 for matching funds specifically r. for grants. But they are only to be used if... Mayor Suarez: If you obtain... Commissioner Alonso: If they obtain the money. _ Mr. Odio: ... if we get the, - obtain the grant. t Mayor Suarez: Grant funds on a what? -three to one basis, they are applying?' Mr. Odio: Yes. Mayor Suarez: OK. I'll entertain a motion on... which one do you want ti6 move? Which is the one? 3 Mr. Odio: Bakehouse Complex, wasn't it that? _ Commissioner Alonso: The Design District is here too,,YpL Mr. Odio: They have two separate grants. They are.applying for the aamltR, Mayor Suarez: Well, give me one, lot's try and then we'll try another ones Bakehouse Art Complex is seeking ten thousand? Unidentified Speaker: Up to ten thousand. r Mayor Suarez: On a contingent basis. Up to ten if they could get # threelegg° — one match from what? State or Federal? Unidentified Speaker: One quarter federal, one quarter Dude. Comet ' quarter private, one quarter City. Mayor Suarez: %ou've ,got to ga and get them all before oa 134 • :. '-idehtified gpeakart Yee, that's correct. Ito* contingent Commissioner Plum art Where is ourmoney coming from? Commissioner Aloneot A special fund. Mr. Odiot We had in the budget at the beginning of the year some Odtfidted �,}< .;; some thousand' dollars for matching funds. We only have tweutY tho�tti�ati�.l�ft�'n Commissioner Plummer: OK. Mr. Odiot This cleans that item out. ~;. Mayor Suarea: There is no budgeted... Commissioner Plummer: How does that clean it out if she in asking o ttl,4 from us? Unidentified Speaker: I have asked, up to ten. Mr. Odio: I thought they were asking... or, OK. Unidentified Speaker: I'm only asking for up to ten. We may not be grantee that amount. It is just a contingent. Commissioner Plummer: Yes. So that leaves us ten. Commissioner Alonso: The Design District is asking for the other ten that why we are taking both at the same time. Mayor Suarez: That's up to... that money was in the budget for the curretit '_ fiscal year. There is none budgeted for 1990-91. y Commissioner Plummer: Wait a minute. I hadn't heard about the Design,_,, District asking for anything. Is that on the agenda? Commissioner Alonso: No, neither one is. _ r Mr. Ross Howard: No, it's not. - Mr. Odio: No. I did not... Commissioner Plummer: OK. This one, I know what they are going to do beca'uil►.b they told me. - Commissioner Alonso: this morning. f Mayor Suarez: OK. Let's move it. k Commissioner Plummer: But I don't know... are you representing tho3.,`Deslb -77. District? Y ff Commissioner Alonso: Yes, Ross Howard. Mr. Howard: Yes. My name is Ross Howard and I have an orgauizatigni _ coil. _ MIA, Miami Inspired Artist, in the design district and what.I'vould.like to 11 is to take this opportunity to briefly explain what MIA is and �►hy ';tu harp �h personally in Miami and what I'm doing is the district. I'm` an.axt��' environmental sculptor and conceptual artist, kind of a graduate . fry , ila'r{ Bakehouse Art Complex. I came to the Bakehouse three years Ago Wien I { from California here, to Miami. I'm known for environmental sculptu�x'+e►a'�4it��„ `# the giant sculptures that are submerged in the Key Largo National!,# '} k Sanctuary to show the integral relationship between man and the oc*444 # } e producedand hosted the television talk show for the Bakehouse ands ` `. was a twelve half hour segment called "Why Art", where I showed the relationship between man and art. And what I have expressed to G#OA�l#mt* Aloneas belleft since I'm stopso �- the Miami design ydistrict that by encouraging hartists into ho c ista i area that is absolutely sensational, it's b®sutiful,t4a here is Miami, would be perfect and is ripe for a rRiial.It44io that the artist coming in will not be afraid of the fact tilt i<# ._�. r now and really help to encourage the rebirth of the design district. I h&VG a building there... Mayor Buarests How will it be related to the design district? It it gsifig to. be physically located in the decorator's row smaplace? Commissioner Alonsot Yes, it in. Mr. Howardt Exactly. It is... t'm sorry? Unidentified Speakers t mean, he owns his building there. Me has, ;moved'Irosy the Bakehouse which is what we had anticipated would happen with this kind -of facility in Vynwood. Mayor Suarez: Just want to make sure that geographically, your projectb.. Unidentified Speaker: He owns property in the design district and what he iel. trying to do is to... F Mayor Suarez: You guys are hitting me from two mikes at a time. Let me just' clarify my own concerns... and you also are seeking matching grants on a three to one basis? Mr. Howard: Exactly. Mayor Suarez: And those are also County, State, and Federal? Mr. Howard: Exactly. Commissioner Plummer: And how will the money actually be spent? Mr. Howard: I'd like to address that. Commissioner Plummer: That's... Mr. Howard: What I'm doing is crating through this organization, MIA, four artist. I want to attract artists to Miami and enhance artists that are herb': in Miami by creating an environment which is a three phase environment.; Number 1, is a gallery situation that will be available to artists to mount' and promote their own art which would then educate them to the business aspedt' of the art world and also not have to pay the giant commissions to galleries and help raise the life style of the artist and 2 and 3,, are two:'" large studios. One oriented to photo and video and the other towards muxician and dance rehearsal space that is also going to access demo tapes, so artist can rehearse and have an audio or visual tape that they can take and, help promote their own work and raise the... Commissioner Plummer: Do I understand that you are going to use this money tb'',: pay rent? Commissioner Alonso: He owns the building. Commissioner Plummer: I understand that. Mr. Howard: No. To buy the equipment to create this space. in other words-i I bought a building that's 15,000 square feet and what I want to<doinn accssss'` 10,000 square feet for the Miami Inspired Artist Organization and..'. Mayor Suarez: Is that a non-profit? Mr. Howard: Yes, it is. What we need is, we have to buy the lighting, we "' have to buy the sound equipment, so that the artist can perform, and g 1; gallery needs to be set up. It's very expensive. i w: Mayor Suarez: OK. I entertain a motion on either one of those two'so-ve move on with the agenda. Moved. x% Commissioner Alonsos I'll like to... you were going to wove on one of ,t$ � Commissioner Plummer: Do both. Commissioner Alonsos Both, I was... OK. 136 r "•: t,t,Wra ^ Y Mayor Suarea: Moved together, e6mmissioner Aionsos So, I second. Commissioner Plummers Second, Mayor Suarea: Second together. Any discussion? If not+ please-cs�►ll the roll. These are matching grants, we hope. The following motion wag introduced by Commissioner De Yurrej who slfo -d its adoption 4 MOTION NO. 90-616 A MOTION TO GRAFT AN AMOUNT NOT TO EXCEED $10,000 EACH TO: (A) THE BAKEHOUSE ART COMPLEXi AND (B) THE MIAMI _ DESIGN DISTRICT; SAID GRANTS TO BE CONTINGENTUPON BOTH ENTITIES SUCCESSFULLY OBTAINING MATCHING SUMS, ON A THREE -TO -ONE BASIS, FROM STIPULATED SOURCES; FUNDS s TO BE OBTAINED FROM FISCAL YEAR 1989-90 BUDGET. Upon being seconded by Commissioner Alonso, the motion was passed iand, 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. Unidentified Speakers Thank you for that opportunity, Thank you. 52. REPRESENTATIVES OF PEOPLE UNITED FOR JUSTICE SPEAK REGARDING -,RECENT ACTIVITIES IN N.E. AREA INVOLVING THE HAITIAN COMMUNITY. �x Mayor Suarez: Item 40. Mr. Billy Hardiman: Mayor Suarez, Vice Mayor Dawkins and Commissioners. I' would first like to thank you for putting this matter on the agendas. I Mould' like make it very clear our reasons for being here. We did not :come -down for the purpose of conducting demonstrations. We have not one placard-*uo•flage►,r Y no bullhorns. We did not come here to participate in police bashing-. Wel" re `c not here to trade insults with our elect officials. We're here in=attempt, Mtn';: honest attempt, to convince this Commission that there is a need to conduct,,' independent review of the incident of July 15, on which date the .Miami, polfc+ ; department, in my opinion, attacked peaceful demonstrators. This attack s►a , so brutal that teeth were knocked out, heads were busted open vrith °>bs innocent victims were kicked, punched and verbally abused. This attack vtatw'sa brutal that the federal government is conducting a criminal invest igatiow"d this matter as we speak, to determine if any civil rights laws were violated, `} I feel if the federal government deem it necessary to conduct-- a criminta investigation, we would like this City Commission to take the initiat,ve t+a'zr conduct an independent review to determine what, if any, City poiicl6v procedures were violated. In other words, what mistakes were meads pn tilt ift day. And God knows, some costly mistakes were made. It does not genius to conclude that this incident was mismanaged from top to both►; instance, on the days where there were obvious violation of later, t1A0r* Wars �fx arrests made on those days. On the day where there was no-obvioux wt o #k * of law, not only did we have arrests, but people were beaten # eeSt This type of Dr. Jekyll, Mr. Hyde, schizophrenic msnagemant style 41.h4u be tolerated in police work. Tell me... Commissioner Plummers Is the chief, hers? 137 F ,;� s Mr. Hardimanthe racial, another, what I think is a �distake, �► management mistake... the racial makeup of the task force that was dresh6d in riot gear. I question the number of black officers that was there dressed in riot gear. I question ghat ass officer William l.osand's wife doing opt the front line dressed in riot gear. I question ghat was iiilliam Losan+oOg brether` doing on the front line dressed in riot gear. This incident needs to be reviewed for several reasons, because it has again strained the radial` ; tensions in our City. This incident has damaged our City'e image to the point that the National Association of Black Lawyers are cancelling their p14110rtO visit our City. There are several things that I feel that this CotWi+ssif►n; .in- addition to appointing an independent review, should look into. One that�a< close to me is, that when police officers, City of Miami police olficera`that are dressed in riot gear, if one of those officers commit an assault, 11I�e excessive force, there is no way where, that I know of, that we can"identify that police officer. I think it is a good recommendation when we have police = officers in riot gear, as you know, they have helmets with shields on) and those shields are dark. There is no nameplate, there is no vay .of' identifying, at least those officers on that day, of identifying who did'O &-i I'm not saying that all of the officers acted irresponsible, in fact, some acted very professionally. But the layman can see that some of those officers used excessive force on that day. So it will be my recommendation, another. one of my recommendation would be for those officers in riot gear, to put at least their badge numbers on their helmets, so that in the future when we have to review these things, we can tell who did what. Commissioner De Yurre: Let me ask you, so I can understand. How did you figure out the Lozanos' were up front then? Mr. Hardiman: Well, Thomas Batto of the... I think he works for the justice department... - Mayor Suarez: Community Relations Justice Department. Mr. Hardiman: ... community relations department, community relations division of the justice department, informed me of that. Commissioner De Yurre: And how did he figure that out? Mr. Hardiman: He was there throughout the incident and obviously, he up close enough to determine. So that's where I got that information. Commissioner De Yurre: OK. Mr. Hardiman: OK. And now, again, I'm not asking this Commission to -pass judgement at this time, I'm simply asking that you appoint an independent review of this. I just feel in my heart, had that incident, if those beatings, if the citizens in Cuba right now that's in those embassies, if'the Cuban government was to beat those people that's in that embassy, that there would be an international outcry, I mean the same beating. OK? There. would be an international outcry. And we're simply asking that this Commission take the time to set up an independent review to find out what happened, what mistakes were made because it has again seriously stressed the racial tensions in this town, it has damaged community, police community relations and onland on and on. And that is my request. We have a couple other speakers i-ke Father John Juste who would like to come forward and share their views with ' this Commission. Thank you. Mr. Charles Branson: Good afternoon. My name is Charles Branson, I reside at 7020 NE 5th Avenue. Today I come to add my voice to the dishearten of those-t who were disheartened over the vicious attack by the police on people of African descent. This was obviously not a decision made on the spot by the officers involved because all the other days, we saw the majority officers involved in the demonstration, the majority of them werOL biaioj officers, except this particular day, we noticed that the majority of t% black officers were conspicuously absent, leaving a majority oaE white ;` Hispanic officers to attack and brutalize anyone in the area that ;voo- bl x The decision to allow the police to run amok was not only hypocaritl`+�asl y racist, but it was also a constant and consistent in the treataeont of 1kitJ immigrants received in this country and also this City. Rv4a14 $es racist interdiction program tantamount to high piracy on the anha�as�,",°fit , ri'v still in operation. Unlike people who are descendants of fortutg+tl` awl } .j. 19$s�►, to African descendants from Haiti very seldom# are yet to be rescued on sari They always are usually caught or apprehendedi criminalised by the color of their skin# forcibly in most cases, to return Haiti. We do not believe it we$ an accident, that all of this comes in the aftermath of brother Mandela`s, Nelson Mandela's visit whose snubbing by the officials here, also a product of double standard toward African people. These haters of anyone acknowledging Castro said absolutely nothing to pope John Paul for embracing Castro, not -to mention a few months ago, some of these same people were parading around Miami with Soviet officials. The attack on brother Nelson Mandela who is recdgnimbd world wide is a living symbol of resistance to oppression of black people and the Haitians demonstrations was hypocritical, racist and consistent. L+at thin Commission show good faith, let's use all your powers to expedite the return of those brothers and sisters that are held in Krome because of this incident.- Let them come back to our community. Masten Hills wrote a poem, A poem that was in the form of a question. it may, "What happened to the dream deferredf does it dry up like a raisin in the sun, or does it fester like the sore and then run? Maybe, it stinks like rotten meat or crusted over like a Syrupy sweet, maybe it sags like a heavy load or does it explode. What happens to a dream deferred." (COMMENTS IN FOREIGN LANGUAGE). We shall conquer without At doubt. Ms. Theresa La Flor: Good evening. I'm Theresa La Flor, I live at 1211 MW 102nd Street. I'm not a public speaker, a very articulate speaker, but I can talk. And I'm here seeking some understanding and some clarification if, I may. I don't understand why it seems that our Commissioners, Mayors and Manager, City Managers are so removed from the black community, our concerns and our problems. It seems that the only time that we see any of these faces out there, is during election and then when there is serious crisis or problem out there. We expect at least one representative from the Commissioners from our City officials, but we don't. And for the last year and a half, I've been having serious problems sleeping at night because I'm wondering why the people, that my tax dollars pay does not seem to be concerned about my.' problems. For the last year and a half, I've taken out to the streets seeking solutions and trying to see what I can do because I see no one out there doing'° it for us. I make under $17,000 a year and a significant amount of that money is taken out to pay for you all salaries and it seems that I'm getting nothing in return. There are some, there is at least one week out of the month that ,I have problems paying my bills, or problems eating the food that I would like, to see on my table every day and that's because some of my money that I work for, I get up out of my bed and go on a job to work for, is paying you all - salary. And I don't understand why is it that every time blacks seems.to_want to demonstrate a protest, there's always excessive police force there. I can. remember the time, maybe two or three years ago when the Nicaraguans came here to the City of Miami seeking refuge, you all saw fit to take our tax dollars and fund them and when we protested against it, the Cubans came out and throw rocks, bottles, eggs and they called in the police force, yes, they had, to physically remove them but they didn't attack them. I can see the times when the anti abortion movement was going on, they were bombing the clinics down,;; here and they were laying down in front of the building, they had to be removed but there was no excessive force. But these times we see that we have to let you all know how we feel about certain things that go on in our community, you always send the police in with excessive force and I wonder and I need to understand why do these police, how are they inspired to use this excessive police force. Who give them the liberty to go out and use this excessive police force. Who do they get their commands from? and I thought they get it from maybe the City Manager or the City Commissioners but it seems like you all are not aware of what they are doing when they are supposed to -.be getting their commands from you all. Just tell me something, give sae same- kind of answer, tell me something. Mayor Suarez: You're covered a lot of areas and I think some of them *td perhaps all of them earnestly. If you want an answer on the issue of independent review, I'll be happy to tell you all about it in a second *a soon as all the speakers are completed. The other matter about seeing our f&ce+ and seeing our involvement, it might take a long time to explain Prom our.: perspective, what we think we're doing. But I will answer at !*sect a* .�0 myself, as soon as the presentation is completed on an independent rovI*w, fik ' Mr. Harry Hoston: Mr. Mayor, Commissioners, my address is 8350 NW 14 Avenue, I come at this time of People United for Justice. We met with you submitted a letter, in which you allowed to be 139 name is Harry Roston, in the capacity as ;ha� on the 12th for Vh4ch ';, put on the *$tend& +end. ' M Julys Plummer or Commissioner Plummor, addressed the fact that we needed to look at the first two days as well. And Mr. Hardiman addressed the first two days# lie realized that there was some clear violations of property and there was clearly some police restraints. My thinking was, is that CoMissiObbt Pluft6f was thinking in relation to cause an effect and the problem is that the poliad action that was taken was not effective but an act of affect, it waiknot caused because of any violence or anything of that nature, it was because of a decision that was premeditated and made and that it was sent and they ambushed the people when they were protesting peacefully. That was clearly seen. -Put I would like to share this with you why we feel that we deed an independent council and it's based on these reasons. If you will allow me a minute to share some. We wrote a letter to you on December 18th. I'll read briefly, wt wrote a letter to Mayor Suarez and I'll read a brief passage. It says, -we art aware of your meetings with the police groups, and this is concerning .the Lozano issue. I have that matters are ignored, Odio is not ,a: Manager that is needed by this City, his actions are few in hostility, he doesn't support Chief Anderson nor does he secure the hopes of this community, that peace will exist from the backlash of disgruntled Hispanic police officers. We are not afraid nor intimidated by this open display of contempt. to law and order and our people. It is our hope that war will not break out: War is an act declared by government. If the City Commission, and Mr. Odio continue to entertain this behavior by the Hispanic police officers, black arm bands on while on duty, hesitating to back up black police officers, shooting unarmed African Americans, using tax dollars to support Mr. Lozano and lack of support for Chief Anderson, then this City will be under a very dark cloud. That is the letter we submitted on the 18th to Mayor Suarez. He replied to us and this is the letter he sent to us. In item 4 of his letter, he says, your threats of war. You do a disservice to your cause by stupid utteringe about initiating a war. In this decade Miami has lived through many difficult moments, some with substantial violence directed at both people and property. ; I'm proud that during my tenure, the violence has been contained by responsible leaders and members of the black community who support the police in its peace keeping efforts. I am also pleased that after a recent verdict - none of William Lozano's supporters expressed dissatisfaction through acts of violence but instead exercised their constitutional right to protest.The Chief, the Manager, the Police and I are sworn to protect that right and also your own right of free speech. We intend to carry out that obligation.- Now, that was a warning that we sent, viewing what was going on in the City. That warning was somewhat ignored, we were implied, the implication came as though we were stupid by using the term war and that we were irresponsible. Nevertheless, in May of 1980 there was a warning sent to the City Commission and to Janet Reno by Garth Reeves of the Miami Times. And he wrote and said that there was a blueprint for violence that was being drawn up by,thd Commissioners of the City and the State's Attorney and if they did not do something about it that violence would erupt. Now, this was prior to the riots, he sent this warning. He reported about a 21 year old black unarmed', male being shot in the back of the head in Hialeah and no charges, by an off duty policeman who was armed, shot him, no charges were brought forward. There was an 11 year old girl that was molested by a state trooper in the -back- seat of his car but there were no charges brought against him by Reno. Prudg makes public jokes about a wrong house raid against La Flor's household, but yet no action is taken. And there is an exclusion of all black jurors. and then Reno is extremely quick to jump on the prosecution when it came to black district superintendent Jones, when he was in trouble. An then finally, the'.., grand jury finds no problem with the beating death of the cops and fail to indite for any trials for the officers. However, seven of those offiaers►tvho were there had previously had reports on them of brutality and those charges were ignored. So therefore, when all these things and the warnings Nero issued they were ignored but again, in 182 when you warned them about brutality when it came to Alvarez, there were seven complaints against Alvares in June about his brutality, they were ignored by the police and the officials who should be reviewing. And in June, Alvarez confessed that he had a tamper, and an attitude problem but his whole make up and when you look at'hts evaluation, he is considered a good cop. You see, my problem is, is that`s talk about bad cops and bad apples in a barrel but the cops that have beet# doing this, have been all termed good cops, not bad cops, QX 151ktt nevertheless, the warnings have been there. So in June, we have the ksoue`'► the U.S. Civil Rights Commission, Clarence Penalton says that blacks #�► systematically excluded and isolated in all areas. If the problem to not resolved, he stated that civil unrest has receded and concords towaacd't black community have also receded, so that if it's not changed, that • 1►lt F_„< going to wind up having the same situation and six months later, 1949 140 July, y r-� the warnings again, we had another riot because Alvarez shot the man dsatdi 146ville Johnson. All I'm saying to you is, I find a need for in independent review because you ignore warnings, you don't pay attention to them, you does us irresponsible and you don't like our terminologies. Howeverf the writing is on the Mall, the cops are doing only what you ask them to do to Us, 'tau have put a spirit out that the black community is irralsvant4 you have snubbed us because of your Cuban constituency when Mandela came hors. �du felt that they were so ,strong and so relevant that you could do that to utt. And all that is descending out into the community saying that black 00606 lit this community do not have to be regarded in any way. And so what do you have after that, when we told you all the other warnings, now you've beat black protesters again. How long, how long will it take you to understand this cannot continue? I don't fault the police commissioners, I fault YOU I' don't fault them for carrying out what you have already put out to, thatd tacitly, they do explicitly. You have brutalized us in your policies and they, brutalize us physically. We need an independent review and we hope that you can accept that criticism and find it in your hearts to do. Thank You. Mr. Alexander Kelly: My name is Alexander Kelly, sergeant first class, U.. Army, retired, RA16723740. I live at 769 NW 48th Street. I gave each one of you a copy of this. I, standing out there on 79th Street, on a public sidewalk as a citizen, born in Miami, Florida, 1941, lived here all my life, was brutally attacked by the police. I was the very first one that the; attacked and arrested, the very first one. I showed them my retired I.D: card, which says, you understand, that I'm a citizen of the United States. `If you look on this arrest record, they have me down as a black Haitian. I'm an American citizen. BH, on the top, right in the corner. If you read further down, you'll see where they had me held for immigration. I'm an American citizen. They finally let me make a telephone call at three minutes to five in the morning. My brother saved me from going to Krome detention. My brother is a Metro Dade police officer for twenty-two years. He couldn't even get me out of jail. My mother had to call Senator Carrie Meek and she sent Georgia Ayers to get me out of jail. I was standing there leaning against the Channel 6 truck and you tell me that it was for Haitians. It was for all blacks, every black male in that parking lot 'was arrested, beaten you understand, and gone to jail. There were four Americans. If you watch Channel 7, you saw me on there on that Friday, they said that I was one of -the last three Haitians that was being held. They called me a Haitian on Channel 7, go back and check it out. It was not a Haitian thing, it was a black thing. My question to you, I am still out there protesting because of this." I want you to stop your animals, I call them animals, City of Miami police, from harassing me every day, they still harass me. They call me -a black, communist, nigger, every day, on -duty policemen in City of Miami police cars; every day they harass me to include the man, you understand, owns -the °store, I will be out there until changes come. I have no job, I'm retired, military,, my house is paid for. You can't fire, OK? You can't put me in jail, all right. You can put me in jail but I'll be back out there. I don't have no ` credit, I am free, I am probably out there, one of the only blacks, free; because I don't owe you people anything. I will be out there every day, ivery. day. In fact, when I leave here, I'm going back there again. I want you to stop them animals from harassing me. I walk on a public sidewalk every day. Mr. Gerard Jean-Juste: Very well said. Good afternoon, everyone. I don't know if I have to say more after what my brothers and sister have -said already. I am very disappointed about the role that... you used my name, you still don't know my name? - or, on the record, all right. I must apologixo for that. My name is Gerard Jean-Juste, I'm speaking here on behalf of myself and and I live at 5275 NE 2nd Court, in Miami. I said that I"ax ,, very disappointed about the role played by some of you and other Miami City'` officials during the incident of June and July. There is too much violence In Miami and we must find a way to stop that violence. Unless that some of you want Miami to become the Beirut of America, we can keep continue to feed the violent element in this community. A simple incident took place at ti11 Biscayne Plaza Shopping Center, where a store owner, apparently, boot up 11 customer and all of you who may have an idea about relationship between, to owners and customers, you know that customers should be king in your places You need customers more than customers need store owners, I should may. ems! then, for such a simple incident, the brother refused to apologivo, i�1et< acould stop that ugly things from the very beginning, be professional and stop it y" What we have seen, we heard about Commissioners who said they want bloodt t° want people to be arrested. We heard about come fascist slemout:_ -its # , community calling this a community plot. All kinds of nasty things for r 141 Jtl gf simple incident and this simple incident could be colorful, it could have been Cubans against Cubans, Haitians against Haitians, and African-Ameridafis against African -Americans, and then, it has been blown out of proportion. In Miami* ##hen are we going to stop this violent attitude? When are we going to stop playing games with the constituencies? When are we going to Stop Playing games with so many little thing that could professionally be rsaolvodl And then, we bloc it out of proportion and then making Miami a place of ViRr+ Unfortunately, some of these incidents continue to take place. Last 'Me+ekend there were about three of such incidents. And I hope that store owners in the area of Little Haiti, store owners in Miami, I hope that we could have AM6 seminars for them to teach them that there are better ways to deal with your, customers, particularly, if the customers are of African inheritance. Not only that now, I'm going further, we observed that INS, Immigration and Naturalization Services, find ways now to come in honeymoon with some of the blood thirsty in Miami, to come in honeymoon with some of the officials in the City of Miami and together they are plotting against some of us in this community. It's not Alabama, we heard that still nowadays in Alabamma, some African American people are not allowed to play golf in some of the golf fields because they are black. Here in Miami, this is a mixed community, it could be a beautiful mosaic here. We come here from different countries, some of us could remember what Batista used to do, some of us can remember what Duvalier used to do, we don't come here to repeat the same mistakes, we don't come here to repeat this as we are Batista's son and daughter, we are Duvalier's son and daughters. We have to stop the violence that we used to experience at home. And then, on behalf of all of us who want harmony, who wants unity, who wants to live peacefully in south Florida, I say, please stop that violent attitude. And also stop plotting with INS against innocent people. INS was there all the time. I saw, INS official talking to the City Manager on 79TH Street. I was not demonstrating on 79TH Street, I was demonstrating on southwest 13th Street at the Haitian consulate and the City _ Manager called upon me to go on 79th Street, according to a police sergeant over there, try to appease the situation. I've been trying all the time to help but I need some results. The result I need, I think most of us here in south Florida want it. We roust find ways to live together as human beings as brothers and sisters as sons and daughters of the Almighty God. For labeling anybody anything we dream of and then start acting viciously, is wrong. INS officials have arrested the brothers and sisters. African American born here in the United States of America. You are black, you are pushed in to the circle, you are white or yellow, some looks like Cubans, you are pushed out of the circle. Is that justice? Is that the way to treat people? When are we going to stop that racist attitude in Miami? And then, INS arrested the drummers, the drums, confiscated the drums and some of them are still at the concentration camp in southwest of Florida, about twenty miles southwest of us here. So today, I don't want to be long, it's not Sunday yet, I don't want to preach to, but I just want to remind you that this peaceful protesters, these - peaceful demonstrators, their rights should be protected. I would like the City Manager to make a call to INS to demand the freedom of the Haitians artists, Haitians musicians who are still at the Krome camp. The charged them $10,000 each and INS is taking this opportunity to harass more and more of_t'he Haitian community. And finally, let me conclude with this. In summary, I could say, let us make a call to stop violence in south Florida. Violence ; brothers and sisters, begets more violence, willingly or not. You violate the _- right of someone, the person has a tendency to violate your rights in return.. _ Let's find ways to live in this democratic country, the way that-we'r46 supposed to do. Let's stop the violence. Prosecute those who beat innocent customers and let us have seminars between customers, for customers as for > store -owners also, all of us together, let's find ways to solve theme issues. Drop all the charges against innocent people who were arrested. Freedom for the musicians and release the musical instruments and I support the. demand my brothers and sisters demand for an independent j` investigative panel, the sooner the better. Thank you very much, every one.. Mayor Suarez; Thank you, Reverend Jean-Juste. Mr. Manager, Mr.: City__ a Attorney, is the request for an independent review not a matter of right. ► —' the City of Miami under our office of compliance and independent teviev }., advisory board? Mr. Fernandez; No, it is not a matter of right. It is a matter of privilege — it is your choice. Mayor Suarez: If a group or an individual demands a review of a part��ui�x incident, they don't have a right to do that under our rules? 142 July, .:A `&jb�. y A a Mr. re"andelct Yes, Mr, Odlot They have a right to Come to the WIC6 of Proteddi6hill C00011,606 acid file a Came against whoever they feel that brutalize thblik of that Vhtt their statement Is. Mayor Suarez: Have we not, from your parspeetivet stretched to the Wtht that the law allows the ability of that panel and of that investigate an incident even while a criminal investigation as Bill Hardiman may be taking place. Mr. Odiot Yes. And they can follow along in investigation and... Mayor Suarez: And to the full extent that the law allows us under., the.staid bill of rights is as far as we pushed it. I remember on the vote on thato. Mr. Odiot That in correct. Mayor Suarez: I think that that's a matter of right, I mean I don't OV6,11 think there is much discretion for tho City to investigate the incidents and, to conclude as the office will make the findings and report to the iCommilasic i I think that is a matter of right. That's my feelings, that's what I thought.' we had done. Mr. Fernandez: That process is, an a matter of right. Mr. Hardiman: Mayor, let me just remind the Commission that, I can't recall,.& date but I remember some Cuban protesters in the past, were beaten by Miami police... Mayor Suarez: But you don't want a blue ribbon committee like the Herald ., suggested, do you? Mr. Hardiman: I do want a... please, please, Mayor. But this... Mayor Suarez: You know, OK. Go ahead but I'll tell why you don't want, &.blus ribbon committee, but go ahead. Mr. Hardiman: I do want, my problem with the Office of Professional Compliance is, they work for the Police Department, and... Mr. Odio: No, they don't. Mr. Hardiman: Excuse me?... Mayor Suarez: Go ahead, go ahead. Mr. Hardiman: They work for the City. OK. They work for the City and 1, Just feel that an independent review of this thing will give the appearance that there is objectivity done In process because if we just have an-Ln;;hou$s:ty pe of review of it, I don't think it will go over very well with the communit If you give the community an opportunity to review this, maybe in conjunction with or whatever, but I think that someone who Is not paid by, the ,,City, to t Miami, should review this maybe in conjunction with the City of Miami, to find again, the policies and procedures that were violated, rz Mayor Suarez: Precisely. The blue ribbon panel, the only people who be 11 in that anymore I think, is the newspaper that in represented over there, t' Miami Herald, What that is, is a way to spend six months with poop;* really aren't familiar with what goes on in the community, a lot of t i t are political appointees, they then report back, they use City Staff for investigation, there is no Independence whatsoever, they have r7V powers in the past and then they report back to the Commission whoa eve has forgotten about the issue. What we tried to do with the overt OVA:. 44 panel... if I may, Mr. Manager, what we tried to do with the Overtow;n #4 panel, and then extend to the Whole City With the panel that which in All independent Panel of appointees by this Commission# Awd At* is paid by the City, unless you've sot a suggestion where We 444 .2 working w mousy, somebody box got to pay them but they are only work " % and with the police department to the extent required by low so that Investigate, Otherwise, they can't even function a 143 July 216oil, R' state bill of rights if there is a pending criminal invastigatioh, whiah yore have told us that there is, by the ,justice department. So that will be the equivalent and it's actually better because it's in effect than an independ+tlt J; review panel that the County is talking about, ror example, we havh tried by 4,;. the �oay, in the case of the Overtown advisory panel to give vs an$pooiia powers, so far, we have lost in the courts but we haven't given UO that effort. I don't know of any better way to investigate this and to submit it to that panel. it is appointees by this Commission, you may or may riot'Vioh a . quarrel with some of the individuals in question, but they are indep6tident, they are not people who depend in any way on the City of Miami, ::ahxtsaver The staff they use is obviously paid by us and that's as it has to be becaulre there is no other funding source that I'm aware of. Mr. Juste: Excuse me, Mr. Mayor. Can we move now? What about the second point about freedom for the musicians who are still held at the Krome:camp. Mayor Suarez: Reverend, I wanted to ask you, you also mentioned that the musicians and their instruments being forfeited or confiscated. Mr. Hardimans Confiscated. Mr. Juste: Yes. The crackdown has been aimed particularly at the musicians who are the animators these days of public demonstration in the Haitia$ community. Mayor Suarez: I guess to the extent that we can influence immigration policy, we could try to do something about it. You know how, I don't think I have to tell you how I feel about the right of Haitians to immigrate into this community for all of the reasons that immigration accepts and the few other: that they don't accept, you know. And of course, their'squipment and so on, should be returned to them or to a responsible person. Are they being held because they are parolees in this country? - or they were... Mr. Juste: Well, one of them, his mother... who is 19 years old, his mother has applied for him to become a legal resident in this country. Another one has been here for ten years and is still missing some papers for immigration Another one is an old man who is a Cuban Haitian entrant and whose paper has not been filed yet, completed, by immigration naturalization officials and there is one who is in Dade county public jail and... Mayor Suarez: Have these matters been brought up to the attention of thb immigration director down here at the?... I know that the Manager worked pith you to set up a meeting with him. Have they?... Mr. Juste: Yes, we have sent a letter to Mr. Smith, the district director. Mayor Suarez: I'd like to know the individual facts of the cases, I may be, able to help too, to the extent that I can. You know I'm seeking a meeting with the President on the issue of Haitian refugees. You know that .:bhe Manager and many of us on this Commission and Commissioner Dawkins at one tuna went out there on a helicopter when the interdiction process was taking place in the high seas. We opposed that I think, everyone in this Commission' opposes that and representative Pepper at the time, introduced legislation stop that kind of processing. At this point it has been intredsahsd another, by Connyers, I believe... Mr. Odio: Connyers. Mayor Suarez: Right. Vice Mayor Dawkins: No, by Graham. Mayor Suarez: And Senator Graham on the senate side, and we support, at.eee_:' I support it and these are matters that are not particularly betoro phi Commission in any way, so each one of us should act individual) but L, SO��}#;_' they resolved it. I guess what bothers you is that they reaared it.x:lrs arrests which had an incident that had to do with the City of Nl.*t►i people find themselves in Krone under detention to other reaaot►a .and: i.Y: for myself, I'd like to help with those cases., Mr. Juste s Thank you. , s r t J, 144 Mr. Hardimans Mayor, what about the part where I'm asking that the Pbiicb ` officers in riot gear be, badge numbers or bamothing, be,,. . flue Mayor Dawkifte s I' 11 address that. Hardimans OK. Mayor Suares.: nice Mayor Dawkins, Vice Mayor Dawkins: First thing I'd like to know, Joe, where are wet Lt. Joseph Longueiras Sir, as far as the after action report by` the 061r��i s department, it's almost finished. As far as our review of. the ...$ Vice Mayor Dawkinas No. See, mistakes were made. Have we acknowlidgeid"th�l mistakes were made? When I say we, I mean, the police department and v1s� Lt. Longueiras Those were... " r Vice Mayor Dawkins: OK, never mind. All right, mistakes were made and only way you learn is from profiting from mistakes. Mr. Hardiman: Absolutely. Y Vice Mayor Dawkins: Now, I didn't hear anybody here say anything other th1h that. t s Mr. Hardiman: Yes. - S Vice Mayor Dawkins: And if mistakes were made, what are we going to do to - avoid these mistakes? And to ensure that it doesn't happen again. As Mr, Hardiman said, if the riot gear is composed of a jacket, there is nothing iti my opinion that says that the officer's name could not be on the back of jacket.the same as a football player's name is on the back of his jersey; mean, I see nothing wrong with that. The thing I need to know is, -why `ifr Kelly being harassed when all Kelly does is run up and down the commaunit working for the betterment of the community, regardless of where it is ,what it is, you will find Kelly and I don't think it is anyone on the City of`Miami police department who does not know Kelly and I need to know why he is being harassed. The chief wasn't here, so bring him up Joe, to what happened' y° - please.` Lt. Longueira: Commissioner, as far as I know, unless Mr. Kelly has a propsl - permit for a public demonstration, he can't go out there at will and - demonstrate. — Vice Mayor Dawkins: No. OK, I'm sorry Joe, go ahead., A Lt. Longueiras Now if he feels he is being harassed, he has the right to make` —;: a complaint and we will investigate it. Vice Mayor Dawkins: OK. Now, I'm going to make, all right, 3 asat$`i: investigation. I want to know if he is or is not being harassed and theri'�" after you bring your report to the Manager and the Manager get it to to then: -- I would check with Mr. Kelly. Is that all right? Lt. Longueiras OK. So what we'll need him to do is give us a statement 4n what occurred. �rt . Vice Mayor Dawkins: No. I want you to find out... I mean, you see, i sSot!t and chief will tell you, if we don't work collectively here togebers aren't going to get anything and it has got to be two sides to thin,` Ire`ob, to hear both sides and I've got to hear what you're saying and live got`to:b with Mr. Kelly and hear what Mr. Kelly has to sa . � And then we ta4n y out. But for Mr. Kelly to say he is harassed, I mean, I am not Ssaitsg 'gypt' here and say yes, no or maybe, I'd like to know so that we can 4 " f . a Now, to the young lady who wanted to know where is this Commissis ok� � these incidents happen. I started with Hilly Hardiman at Miami "Iia!� z ` College, attempting to work with the system to bring about, rigHit� then I got elected to the Conuaissioa. At the first 4jeturbiaa 97 f -� Dawkins was out there in the streets telling everybody IeQC� 1e 's H RVer system work. These are the things we're going to d►, y dy t g 14 7 T t� a �r r -- word, I carve back to the City (tall and nothing changed. The next time it happened, I went out again and the same people that I talked to told tee►, but that's what you told sae the last time, that I didn't have nothing to worry about, that things were going to change. The next time, it jumped off, I w6fit home, roiled my windows up, cut my air-condition on, kicked off say *hats And read the paper. Why did I do that? I'm not going to coerce out there and Ilea to you again and tell you that everything is going to be all right. t can't do it. I mean, I'm not made like that. Now, when this City deeids that it has found a solution by which to address those concerns that bring about those kinds of, I'm not going to call them disturbances, but these kind of actiodg, then I can come out there with you. But if something happens tomorrow and i feel that it happened for the same reason that the other three incident# happened, I'm not coming. Now, you can hold that against me, I have uo problems with it. When time comes for the election, you can vote against m6j I have no problems with it. But at least when I brush my teeth in the morning, I can open my eyes and say, Miller Dawkins, if that's his belief. 'die have a problem and an interview, independent review board, ain't worth a damn - I forgot, my wife asked me not to curse anymore, I'm sorry - we need somebody to sit down and tell us how to avoid this and that's not a revieN board, you know what happened, I don't need anybody to tell, none of.us,in here need anybody to tell us what happened. What we need to know, is how tt� avoid it. Did the police overact? If they over reacted, why? Did the citizens over react? If so, why? How do we get to the point where when this happens, not common sense, but logic takes over where emotions get out of hand. Now, I'm for that, I don't care if we have to bring somebody from Timbuktu, who can sit down and tell us, OK, you had a problem, emotions got out of hand and the reason that emotions got out of hand was, bam, bam, bam. So, the police department need to tighten up on that. Mr. Hardiman: Yes. Vice Mayor Dawkins: The reason they got out of hand, the citizens did this and this. And then let's do something but every time something happens, the only thing they know for us is a review board. And after it's reviewed - every person out there who think I'm lying, stand up - the same thing happens again. Mr. Hardiman: Absolutely. Vice Mayor Dawkins: So, an independent review board, is not it. A bunch of citizens of all ages, of all levels, and they have to address this. There have got to be some Haitians, there have got to be some white people, there s have got to be some black, there have got to be some... and we've got to find out why it was an over -reaction, Now, that's that. Now, how we get to.the point of addressing the over -reaction and if there should be penalties or not, I don't know. But I will work with you and Father Jean-Juste - no I have no problems in the world, getting into my car right now, driving to Krome trying to find out why they are being held, because you can't tell me why is it that a Hispanic person can float over here on an inner tube, and he is granted asylum and a Haitian comes over, fifty Haitians come over on a boat and my government treats them like cattle, does not even allow them ashore where, they, can bathe and shave and take care of their toiletries, turn the boat around that they came on and they are carried back under the same conditions, which is inhuman, and we don't say... and this whole community is not up in arms, .I mean, why? You're talking about a violation of human rights, what's snore violation of human rights than to have a person come across the ocean in �t boat, get to where he can see land and turn him around without bringing him ashore and taking him through the due process. Mr. Juste: Some of them, pregnant. Vice Mayor Dawkins: But, Bob Graham, I went there and they told the it wan a-,,-.-, policy between two governments. Duvalier, or somebody agreed on interdiction policy they that would take them back. I've been working, with every president that has been there since to tell this government, we will ao, accept them back on a boat. Take my people in to land, take them to Xr-=w, process therm like you do everybody else and then put them on a planes and them back home, if that's necessary. And until we in this commmunity that people are treated as human beings and not as cattle, i mean, wet' 11 heap. this problem. That's the dealing with the interdiction. But I don't what to tell you to do, but I will admit there was over reeaotipn, Oi{? deny that, why, I don't know, and if anybody out there can toll MOO how � find out why there was over reaction and how to avoid it, you've! got 000)2„� 146 July 4 t I a 0 Mayor Suareet I think the procedural way to initiate that process is to to ahead and file the complaint with the Office of PtofeabionAl C6enp1tAfkds'As we're been calling it, and it will have independent review by a b64rd 61 appointed citizens. They don't have subpoena potters but we tried an much As we can with the existing panel to sire them subpoena► powers, Mr. Juste: Mr. Mayor, I just want to ask a Iaat question. What abort dropping the charges for these peaceful protesters who are charged? Da y have any influence on that with Dade County State Attorney? Vice Mayor Dawkins I wasn't listening Father Juste, I was talking. Mr. Juste: What about dropping the charges against the pkadsil demonstrators? And you know, they have to go back and forth to doutt AM, does, this Commission has any influence, have influence with Mrs. Aeno4 Mayor Suarez: You know, we don't own charges of American citizens,'but ahyo a who is a result of this incident has, in fact creates some problems for the immigration status. I have a feeling that we can probably affect that.` -a little bit, I think if the person is deemed to have violated parole' in some way by this incident, I think we can affect that, I really do. Anyone who is an American citizen - and the issue is not where they get excluded or deported, just simply whether they get charged criminally, I don't think we have any jurisdiction over that, it's all state attorney. In fact, I know we don't. Commissioner Plummer: What were most of the charges? Vice Mayor Dawkins: Well, I didn't want to ask the chief, but I'll ask the chief. Chief Anderson, chief, didn't you order that there will be no charges that would jeopardize a person's immigration status? Because everybody there could of been charged with insisting a riot but they weren't, right? Chief Perry Anderson: Well, I think throughout the whole process, we were extremely considerate, so I think that would be the answer. As to the charges... Vice Mayor Dawkins: OK. Thank you. I hear you loud and clear. Mr. Hardiman: Mayor, would it be possible for our letter to serve as the complaint to get the ball rolling. Mayor Suarez: Yes. I believe it will. Mr. Hardiman: OK. Mayor Suarez: Thank you for your presentations and we will make sure that procedurally, everything is done that has to be done. Mayor Suarez: Item 41. This is at my request, Jacques Despinoasse, I don't see Jacques in the audiences. OK, 41, I don't see Jacques, so let's go on to 43 we may hear on that issue from other people. NOTE FOR THE RECORD: At this point, Agenda item 41 was called for discussion. The record was marked to reflect no appearance by interested parties. Also, Agenda item 42 was withdrawn. Mayor Suarez: Olga Marti, is she here? Mr. Odio: No. 147 �_. .,. _ `•.._Y:tiaBhuwr+f.3C..i►iiw.lr.YriYN..Y.wf�a+.:s+:ii1��3aaY..r.�"...w�tir riYi.f4if.+Y:aiw+iiW+uw3tiSiIYiGZYuiI�@�.YitiWiY7itiii�"�iii' 53. (A) ACCEPT BIDS: (a) I+`BNCE CONNECTION, INC.; AND (b) D&I. GIDI A ASSOCIATES, INC. TO FURNISH 1+'S1+iCINd FOR :flit TENNIS COLTS At TVO CITY PARKS - FOR PARKS DEPARTMENT - (CIP 313315) . (B) COMMISSIONER PLUMMER DISCUSSES ADVISAPILITY OF PLACING A AROUND THR PEPPER FOUNTAIN IN BATFRONT PARR. -----r`.r.r..w.r+rwG.r�.rGY..�.nr.u..rnrr.-+f+wMralllLriii®ialbiG�.fi:Ys�rti�rYi.111ilYY�li:U.4 Commissioner no Yurra: Mr. Mayor, of I may read this resolution. z Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: Resolution accepting the bids of Fence Connection AA;11._. the amount of $13, 950 and didi and Associates in the amount of $11,537 for ;' ' total amount not to exceed $15,487 for the fencing of sit tennis courts at two city parks for the Department of Parks and Recreation; allocating funds ° therefore from the Capital Improvement Fund Project No. 313318, Account Code 569301-860 authorizing the City Manager to instruct the chief procuremAnt officer to issue purchase orders for this service. The two parks ere r Shenandoah Park and Peacock Park. I so move. Mayor Suarez: So moved. Commissioner Plummer: What is it? Commissioner De Yurre: It's to put a fence around the tennis courts. Commissioner Plummer: I thought there was a fence already around there. Commissioner De Yurre: No, they are totally, they are in very bad shape. Mayor Suarez: OK. So moved. The funds have been identified, as recommended as part of the parks improvement program or maintenance or something,;14on't know why this has to reach us but. Commissioner Plummer: I'll second the motion, but let me tell you somethin; Mr. Mayor, I am extremely concerned of what I've brought to this Commission; attention before. I am more concerned today than I was in the pant, and Z don't see anybody doing anything about it, and that is the problem of the ^; fountain in Bayfront Park. That thing is an extreme liability. Mayor Suarez: Should that fence not be a little bit larger and more convincing? There is like a snow fence or something around it. Commissioner Plummer: There is a little bit of a retaining wall, but Mr. Mayor, let me tell you what's happening. Mr. Manager, you better listen. Mx'. Mayor, what is happening is, the kids are getting in there on skateboards On K they are making a rotunda out of it, the homeless are taking baths in the fountain, and I'm telling you, the liability problem... Mayor Suarez: How about a little sign that says, anyone that is found inside this found inside this fountain will be arrested and charged with trespass, ox x whatever that will be and then of course, good old... Commissioner Plummer; It's enforcement then, you've got to have somebody � there, twenty-four hours a day. Mayor Suarez: We are working by the way, with the Intercontinental to tryn get a Ranger in that area that they would pay for, so it wouldn't even have come from the City. f Commissioner Alonso: It's very dangerous.: Mayor Suarez; No, it's quite dangerous. Commissioner Plummer; Mr. Mayor, I would strongly suggest, I'm goin's tu;so r the record that there should be some kind of fencing put up �r+�u�►d t �x� fountain immediately. It is getting worse every day, w`` Mayor guarest Vitas, it's a►.. would you report back to us, Mr. gndott 'tally, smebody. Unidentified Speaker: fifes, we Will. Commissioner piummart Valve got to do something. z Mayor Suarezt On the itefn at hand that apparentlyt is part of, I don't kfto why it comes is an extraordinary item, but let's vote on it and get it doubt Commissioner Alonsot On the original plan, they didn't evbn have that littia thing, nothing. x` Mr. Albert Ruder: Yes, it's part of the Park renovation prograft and they are _ ready to start in August, and since you don't meet until September, they just;y discovered that they... Mayor Suarez: OK. All right. What is the total amount of it? And it�e within our funds? -1 presume. Mr. Rudert Yes, it is. One bid is thirteen thousand, nine fifty and'tha other one is eleven thousand, five thirty-seven. Mayor Suarez: That's all I wanted to hear. Just have an idea, we're ntft talking about... Commissioner Plummer: Did that go out through the normal bidding procedure? Unidentified Speaker: Yes, it did. Commissioner Plummer: They are the lowest and the most responsible bid? Mr. Ruder: Yes. Mayor Suarez: Just want to snake sure we're not talking about a huge amount off money. Commissioner Alonso. Commissioner Alonso: This money has been approved before for this purpose,.or' what? Mr. Ruder: This is part of the 8.3 million dollars and there are Commissioner Alonso: And it was assigned to this project, of course? Mr. Ruder: Yes. There are two parks involved. They are Shenandoah and Peacock. Mayor Suarez: I hope you find a way that we can globally approve these as you know, in the budget and not each single item, each fence and so on. All right. Yes, except the capital improvement budget is... it still has to coats' t as individual items. All right. We have a motion on it, do we have second? Commissioner Alonso: Yes. Mayor Suarez: Call the roll on the item. f h� M Jul, r RESOLUTION NO, 90-617 A RESOLUTION ACCEPTING THE SIDS OF FENCE CONNECTION, INC. IN THE AMOUNT OF $13,950.00 AND D.E. GIDI AND ASSOCIATES, INC. IN THE AMOUNT OF $11,531.00, FOR A TOTAL AMOUNT NOT TO EXCEED $25,487.00, FOR THE FENCING OF SIX (6) TENNIS COURTS AT TWO CITY PARRS FOR Ta DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 313318 ENTITLED "CITYWIDE COURT RENOVATIONS", ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, and adopted by the following vote: AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins NOTE FOR THE RECORD: At this point, Agenda item 44 was withdrawn; also, Agenda item 45 was called for discussion. The record was marked to reflect no - appearance by interested parties. -------------------------------------------------- ------------ ------ ---r.-... 54. DISCUSSION CONCERNING REQUEST BY MIAMI CHILDREN'S VIGIL/UNA (UNITED NATIONS ASSOCIATION) CONCERNING: WORLD SUMMIT FOR CHILDREN CANDLELIGHT VIGIL. -------------- _.._---------- ---------------------------------------- Mayor Suarez: Item 46, Miami Children's Vigil/UNA. Ms. Kathleen Gordon: Right here. Mayor Suarez: There you go. Ms. Gordon: Hello. My name is Kathleen Gordon and I live at 3700 Hibiscus Street in Coconut Grove. Mayor Suarez: Does the Manager have a recommendation on this item? other than... does Ringo Cayard have a recommendation on this item? Doe4 the Manager have a recommendation on this item? Mr. Odio: Which is this, air? Me. Gordon: Forty-six. Mr. Odio: We recommend full support of this program, but we're not fundm$,,.:; Mayor Suarez: No funding and it's not a matter even of recommendatioA, It!*' matter of constraints. We don't have any money. Ma. Gordon; OK. y 150 ju t► I#� a R_ el., Mayor 9uarsts gut we otherwise support you. Mr. Gdiot It's a greet 6#obtt T think it's good for the doftWhity but theft is no way We can come up with $8,000 now for theta. Ms. Gordont No, no. We don't want $8,000. here's our requeet. Mr. Adio: You want..* x have... Me. Gordon: i know, that's the budget. That's our budget but we 'don i t you to... I just showed you our budget, we don't waist any.money, believe it o not. Mr. Odios Oh, you don't want any monies? - great. J Ms. Gordon: Great. So, there really is no discussion. What I Would meant is' ,g} a proclamation which I'm requesting a proclamation that we have World SSuMIt'° for Children Week, and that the City use their literature to promote thi' event, we want that, and if possible, there's a couple of fees on there that '! you could waiver.' Commissioner Alonso: Which ones? Out of pocket? 7.. Mayor Suarez: The only thing we could not waiver is our pocket. Let me Just, restate that once again since we're into personal appearances. We just don't'- waive anything that actually is an out of pocket expense. It's not a matter: of waiving, it's a matter of paying it, by the way. Ms. Gordon: OK. Mayor Suarez: We can waive rental fees if we wouldn't otherwise use that facility for something else on that particular date, that particular time and` if it doesn't cost us any other expense, that's all we can do. OK? Ms. Gordon: OK, great. Thank you very much. Mayor Suarez: I'll entertain a motion on that if it needs it, does it: need' it? Commissioner Alonso: We need a motion? Mayor Suarez: Mr. Manager, do we need to have a motion on support of the:', item, otherwise? -there is no waiver of use of facilities? OK. No,,_I'M asking that, that's not a declaratory statement, I'm asking, is there a waiver needed for use of any facilities that we would otherwise charge for? Commissioner Alonso: No. Mayor Suarez: OK. We otherwise support it. Commissioner Alonso: OK. 'Y is Commissioner Plummer: What item? Commissioner Alonso: Forty-six Mayor Suarers You have our blessing, in 'imprimatur" and everything elsa.� Mayor Suarez: Forty-seven. Are representatives here? This is a Vice Dawkins item. Xl Commissioner Plummer: Wait a minute. On 46 Mr. Mayor, they were requesting a proclamation from the City in reference of recognition fox :the particular week. I asked them to submit that to your office. { Mayor Suarez: Absolutely. All right. On forty-seven is vice kfeyor D Little Havana Development Authority to discuss expansion of Maximo'Gotnaa ` Domino Club, The Vice Mayor is not here, if we have anybody on that l4.e�� , we'll take that up. That's somewhat subsumed I think into th0 whops quarter speciality project issue, which is quite aA issue as it isa. 3 3, Jl9e NOTE FOR THE RECORD: At this point, item 46 eras withdrawn x, >;...—...�..-y.......i�...,...r.....�..s........a+�.r..�.s.a-r:r.,r.i....�.s.�ta.r.ar.+s cr.+:rr.rra�r.r.r+i:.rr.i:..tw...w�.�:r.rra.a...r.rrti�r.r-rr.�.r.��r-.r .... ._.. ... _. ,_ $5. INSTRUCT MANA(MR TO RELEASE $30,000 FROM 1484-90 Et1UG8T iii#I NAB PREVIOUSLY EARMARKED FOR THE KEEP DADE BEAUTIFUL PROGRAM. -..-------------------------r-------------------------- Mayor Suarez: Forty-nine. "Keep Dade Beautiful." Mr. Odio: They wanted to release $30,000 from the... we did allocate it in the budget for this year, the $30,000, and it is in the budget. Commissioner Plummer: So, release it. I move to release it. Mr. Odio: We can release it, but I just wanted to put on record that we are not putting anything in the budget for next year. Commissioner Plummer: Well, wait a minute now. Before you -say that, let me reiterate what I know to be the case and if it's the case, it's a damn good buy. Mr. Odio: Well, I'm not... Commissioner Plummer: As I recall, they picked up tonnage in equivalent of $35,000.00 Unidentified Speaker: Thirty-two. Commissioner Plummer: Thirty-two? And we are getting it for thirty thousand* _ we made two thousand dollars, why wouldn't you put it in the budget for next year? I mean, if we're getting thirty-two thousand dollars worth of tonnage alone... A Mr. Odio: I'll do it with my people, they are already on the payroll. I mean, I'm not putting any special items on the budget for next year. Commissioner Plummer: Even though, it's a savings to the City. Mr. Odio: We can save it, we can do it with our own people. Commissioner Plummer: It doesn't make sense to me. Mr. Odio: We can do it with our own people. Commissioner Plummer: Sir, they are not charging you for labor. Mr. Odio: The labor is already on staff, they can go back and do the same. Commissioner Plummer: Sir, they are not charging you for labor. Mr, Odio: Commissioner, if you want to do this fine, but I'm not going to ; `. recommend it. �3 Mayor Suarez: Yes, and please, let's take that up with the budget hearings.` xa: Commissioner Plummer: That's fine. Mr. Odio: He is saying that without any incremental expense whatsoever, tRsf, ' can do the same thing. He is going to have to counter that argument,. Unidentified Speaker: No, Mr. Mayor. That's something different. ' Mayor Suarez: No. We are not going to get into an argument today. you the release of your funds? ' s .o 7 152 't Unidentified Speaker} Tasr, *a want the release of the funds for this Y*Ar t6 �f Aith we... Y Commissioner plumer s I so trove, Mayor Suarett So moved. } Commissioner Aloneo: Second. k'- Mayor Suarass:: Second. Any discussion? If not, please call >th6 roll. Thi1s has been a battle that's taking quite a long time, Commmissioner Plummer: And I wish that you would change the name t01 s7p , Miami Beautiful." Mr. Odio: Bye. ,d eta The following resolution was introduced by Commissioner Plumssmer, v 6, moved its adoption: r,. RESOLUTION NO. 90-615 r+°s 'k A RESOLUTION INSTRUCTING THE CITY MANAGER TO RELEASE $30,000 FROM THE 1989-90 BUDGET WHICH WAS PREVIOUSLY EARMARKED FOR THE "KEEP DADE BEAUTIFUL", A NONPROFIT ; ORGANIZATION. (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 �passod 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. 56. DISCUSS AND TEMPORARILY TABLE FUNDING REQUEST FROM SANCHEZ ki AND LEVITAN RE: THE MIAMI - A NEW WORLD CENTER PROJECT (See label 70).: r� Mayor Suarez: Item 50. Is she here? Or is David here? Commissioner De Yurre: Pass it on. Mayor Suarez: No, co -venture. Commissioner Plummer: You're not... Mayor Suarez: Is that a misnomer? Is that wishful thinking or what? Commissioner Plummer: No, he is not 50, he is 51. Mayor Suarez: Please, we need some quiet in the back. Miami Herald repos'ts�r' Please go to your,.. Commissioner Plummer: Cage, Mayor Suarez: ,,, palace of malice by the bay, Commmaminssioner Plummer: Cage. You're Nifty-oso, air. Mayor Suarez: Or otherwise, disappear lrQm the face, of the eR�ht #MA� ; .,� -t ` b Unidentified Speakers Right. C is*ionar ire Yurras Defer fifty. She is not here. Mayor Suareti fifty is not here, fifty-one. Mr. Odio: Sir, could we take up fifty for a minute, no I can send Me,` 61*1tan a letter. I am also going to recommend against., i t am sand Ing A ltttar,to all these types of organizations, they are not going to be funded. Mayor Suarez: OK. Whether she is here or not, you can do that. Mr. Odios I want to do that. Mayor Suarez: Because that is part of your recommended budget, that might ft t be a bad idea. '' Commissioner Plummer: Well... Mr. Odin: I would like to recommend that we don't fund this program, cannot afford to have newspaper people touring the City at this time, from all ;s over the world. I know it's important... Mayor Suarez: Well, we can afford to have them touring the City, which... Mr. Odio: But not at our expense. Mayor Suarez: OK. Mr. Odio: That is something that the Greater Miami Visitors and Convention Bureau should do, they had a tax increase to get more funds out of it, they don't have the obligations that we have. These are the typical things that the bureau should be doing and the what is it? -the Beacon Council and all those people. Commissioner Alonso: I'd like to defer this item then. Unidentified Speaker: Fifty and fifty-one? Mr. Odio: Yes, both. :. Y. Commissioner Alonso: Yes. 57. EXPRESSION OF SUPPORT FOR PUBLICITY PROGRAM PRESENTED BY PRO -MARK$', INC. FOR: THE MIAMI - NEW WORLD CENTER PROJECT SUGGEST,.-.APPLICAN2 PRESENT CONCEPT TO GREATER MIAMI CONVENTION AND VISITORS.BURBAU,.TOURISI DEVELOPMENT COMMITTEE, AND BEACON COUNCIL FOR POSSIBLE FUNDING. Mayor Suarez: You want to make a presentation on 51, Commissioner Alan' think in fairness to David who has been sitting here waiting, maybe. ws a►tIOU to hear from him and then we can decide not to take any action for the 000"MC if you like. „ Mr. David Bowser: For the record, my name is David Bowser. ; Commissioner Alonso: Fifty-one. Mayor Suarez: OK, you wanted to defer fifty? Commissioner Alonso: Fifty, yes. Mayor Suarez: But they are related. OK. Go ahead. Mr. Bowser: For the record, my name is David Bowser, I realdo' at 1 Virginia Street in Miami. I understand your concerns, Mr. Odip a►1a�tY on this nature, but after, I was involved in the previous contr*O � awarded to the City which expired on June 30th, 4adL it is aay u pFg L 5 d► that the money does exiat, that right now the City had funded the program► it the rate of $50#000 for the last five years. live offered to the City -Ali discussions with each and every Commissioner that I would do -it within my"If. through the auspices of my own company for twentyyfiVe thousand or twenty thousand dollars. I do feel that,.. _ Mayor Suares: How much was the prior amount that we were spending? Mr. Bowser: fifty thousand dollars. And I've offered to do it for twenty five, There are a lot of logistical problems in bringing journalists her* to`, the City, I have offered and I've had discussions with Mayor Suares and Mire De , Yurre and Dawkins that when you're out doing things, travelling around then country at various conventions and things of that nature, a lot of times you have opportunities to be quoted and things like that, but it doesn't get dofte.' I'm proposing here that instead of bring the journalist here and spending that amount of money to do that, is to make it more cost efficient to do it elsewhere. Mr. Odio: Again, I think this is something that should be done, I think it is something that the Beacon Council should be doing, that the Greater Miami Visitors and Convention Bureau should be doing, that the County should be doing, but not us. Mr. Bowser: OK. Well, after discussions with Tony Pajares. Mr. Odio: We have a very limited budget, they don't. They increase taxes every year and get more monies. Mr. Bowser: I know that. But after discussions it came out before, out of the International Trade Board budget and they said that the fifty thousand is still there. I'm offering to do it for half or you know, or, you knew, at some other reasonable cost. They say that the money is there. Commissioner Plummer: No. I can tell you as the new chairman, it is not there. And I can tell you that we have reduced the budget which we are presenting to the City Commission by at least 50 percent for this coming.year. Mayor Suarez: I'll entertain a motion of support for the program on behalf of Pro Market to take to Greater Miami Convention of Visitors Bureau, TDC' possibly... Commissioner Plummer: No, TDC has no money for that. Mr. Odio: No, the Beacon Council. Commissioner Plummer: The Beacon Council. Mayor Suarez: Well, I will take it to the TDC if, for the next budget, you know, maybe this is the kind of thing it should be supporting instead of whatever it is that they are supporting, which Commissioner Plummer known more about than I do, certainly. But you ought to make the presentation. Beacon Council, I really think of the loans in the Greater Miami Convention and Visitors Bureau, I can see that they are getting ready to put out for bids,. their big publicity campaign, and this is a publicity. campaign that'for money of just coordinating it, and a few of the other expenditures incurred I'' your program, you get a lot of publicity. Not all that positive by the way; the one thing you can't do is you can't control it because they are journalist, and I just got an article from one of them that was quite. negative, but most of them are positive and most of them are helpful. So, I'll entertain that motion. Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. Commissioner Alonso: Yes. Mayor Suarez: Oh, you wanted to defer? Commissioner Alonso: i said I wanted to defer the item, I 1 think Itom definitely relates to this. They had the contract before and I think peg we should discuss... 155 July ��! Mayor Suareos Ok. The Motion dodo not contradict that, so if we uftd6tatAgd that item 50 is left pending, the fact that he goeo to other agencies With our support, I don't think contradicts that, is that right? Commissioner Aionsot OR, Mayor Suarezt All right. Call the roll on that motion. The following motion was introduced by Commissioner De Yurre, . Who �4ova��d Its adoptions MOTION NO. 90-619 A MOTION SUPPORTING A PUBLICITY PROGRAM AS PRESENTED �. BY PRO -MARKET, INC. FOR THE MIAMI-NEW WORLD CENTER PROGRAM AND SUGGESTING THAT THE APPLICANT PRESENT THE CONCEPT TO THE GREATER MIAMI CONVENTION & VISITORS BUREAU, TOURIST DEVELOPMENT COMMITTEE (TDC), AND THE BEACON COUNCIL FOR POSSIBLE FUNDING. Upon being seconded by Commissioner Plummer, 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. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Yes, and if item 50 comes up, or the matter that is contained in item 50, I recommend that you be around to make your case again. Mr. Bowser: All right. 58. COMMISSIONER J.L. PLUMMER COMMENTS ON UPCOMING CITY BUDGET CRUNCH AND ADVISABILITY OF INFORMING DESIGNATED CITY EMPLOYEES OF PROJECTED LAYOFFS. Commissioner Plummer: Mr. Mayor, let me ask your opinion and my colleagues. Mayor Suarez: Yes. Commissioner Plummer: As we are well aware in this upcoming budget there are: a lot of things that are going to be cut. Do you feel that we should at the present time put these people on notice that this is in fact a pendi,it situation? Or should we wait until October lot and surprise them? Vice Mayor Dawkins: I like surprises. Commissioner Plummer: Well, I'm just... Mayor Suarez: We he„ie one vote for surprise. Commissioner Plummer: You know, for example... Mayor Suarez: I think the word is goingto spread very P Y quick after sAd+sy.' but... Commissioner Plummer: CAMACOL for example is in one budget that is befog for a hundred sixty-five thousand, and that is being proposed to bo gatrpt ii F these people are planning you know, on these monies, and I don't thinkj�r them are aware that in fact if the Manager has his way.., f ry 150 July �� > era Mayor Suarest W6110 let's cut through... Commissioner Plummart OK. So, what I'm saying to you, ia... Mayor Suarez! .,. the philosophical consideration. When should we nbtitY thbm? Do we wait or when or what you?... Mr. Odiot Well let me tell +you what I've bash doing. I received Litters - requesting to get on the agenda to ask for monies for next year, and I h1ie sent them a standard reply saying, we will not be recommending you for next year's budget. Mayor Suarez: OK. But do you think that we ought to do +one, a crculdr letter to all the entities that received it last year? Mr. Odio: I think it would be wise to inform them that we would •. b+� recommending no funding. Mayor Suarez: OK. That's the first part of the question, the second part in"i the most important that we are trying to get at, is when do you want to send it? Mr. Odiot I would do it now. Commissioner Plummer: I agree. Mayor Suarez: All right. Commissioners... Mr. Odio: Save a lot of aggravation. Mayor Suarez: You want to go ahead now? Let's go ahead and let him knm OK. Do you need that in a resolution? -or you would take care of that, Mr.` Manager? Thank you. 59. RESCHEDULE FIRST CITY COMMISSION MEETING IN SEPTEMBER TO TAKE PLACE ON SEPTEMBER 7TH, COMMENCING AT 9:00 A.M. -------------------------M._M_..Mayor Suarez: 777 Suarez: We need to pass a resolution on the first meeting in September, that would be at 9:00 a.m. September 7th 1990. I'll entertain a motion on that. I guess we did the rest of it but not the... Thank you. Call tha roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: �.0 RESOLUTION NO. 90-620 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN SEPTEMBER, 1990 TO TAKE PLACE ON SEPTEMBER 7, 1990, COMMENCING AT 9:00 A.M. (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 xn adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. F Commissioner Miriam Alonso r Vice Mayor Miller J. Dawkinsy;; Mayor Xavier L. Suarez ' .•t' i� S _ ry? Mayor Suarez, Vils[a, I'm not gbing to pronounce the lost niffit. Commissioner Alonso: I don't think she is here. Mayon Suarett: Item 59, 1 don't see her. How do you pronouiiee it? Chula. NOTE FOR THE RECORDS At this point, Agenda item 52' was called for discussion. The record *ash marked to reflect no appearance by interested parties, 60. GRANT REQUEST BY PSPRESENTATIVSS OF THE JAPANESE SPRING FESTIVAL Irbit '. WAIVER OF ALL RELATED SURCHARGES FOR USE OF WATSON ISLAND TO HOLD 'A FUND-RAISER. ---.....-----------------_-.-----__------_-__--------__..._-_r__-__.r_--- Mayor Suarez: Fifty-three. Friends of the Japanese Garden request the waiver of all surcharges. If there is any way, Mr. Manager, that we can do this.., Commissioner Plummer: Yes, we can give them a grant of money on those things that we can't waive, which is five hundred and sixty-five dollars. Mayor Suarez: I'll entertain a motion on that... Commissioner Plummer: And I so move. Mayor Suarez: ... They have managed to improved the Japanese Garden to the tune of $600,000. Mr. Ruder: Excuse me, it's a thousand fifty... Commissioner Plummer: What? Mr. Ruder: It's a thousand fifty-nine. Commissioner Plummer: What is a thousand and fifty-nine that we can't vaiva; ' delineate for me. Mr. Ruder: There is a beer permit for two days at $300. Commissioner Plummer: We can waive that. Mr. Ruder: OK. There is a concession of fee which is four fifty-nine. Commissioner Plummer: We can waive that. Mr. Fernandez: No. According... Mr. Ruder: No, we cant. Commissioner Plummer: I thought we could waive everything but the surcharg:p.?'.A; Mr. Fernandez: No, no. It's to the contrary. The surcharge can be waived,,'; What cannot be waived is the concession... l; Commissioner Plummer: What's the total? Mr. Ruder: The total is a thousand fifty-nine, this... ;f Commissioner Plummer: I so move a grant be given to them, and the remsindsr' be waived. Let's understand, these people have the responsibility of tt�►$° ', care of that we ought to do everything in our. � g y g power to as3taiat them to gel money to take a responsibility off this City which they have ratot-I assumed. I so move. $,?= ;. Commissioner Alonaos Second.` k-' `f Mayor Suarozi Monied and seconded. Any discussion? If not, pl.esee deli the toll. The following resolution was introduced by Commissioner , who mooted its adoptions RESOLUTION NO. 90-621 A RESOLUTION IN SUPPORT OF THE JAPANESE SPRING FESTIVAL HELD APRIL 28 - 29, 1990 ON WATSON ISLAND BY THE FRIENDS OF THE JAPANESE GARDEN, INC. AS A FUND- RAISER FOR THE CITY FACILITY XNOWN AS THE ICHIMURA .. MIAMI JAPAN GARDEN: ALLOCATING AN AMOUNT NOT TO 19XCEED $1,983 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND AS A GRANT TO COVER THE UNPAID BALANCE OF CITY FEES AND EXPENSES THAT CANNOT BE WAIVED AND DIRECTING THE WAIVER OF ANY UNPAID FEES THAT CAN BE WAIVED; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the 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 resolution was passed NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Dawkins: Go away. Mayor Suarez: Glad I got your card in time, Mr. Inouye. Of course, I should of remembered from Rico Corp... would you just shush for a second, Agnes. Ms. Agnes Youngblood: Thank you very much. I would like to introduce. No I just simply would like to thank you all and... Mayor Suarez: Can I say something first or do you... Commissioner Plummer: No, ladies are first. Ms. Youngblood: Yes, certainly, Mayor. I'm sorry. Mayor Suarez: We travelled to the far East to the far reaches of the world, from my perspective, from your perspective I guess, it's the narrow reaches of the world, the near reaches of the world and you listened to me that entire —',- time and now I can't speak. Anyhow, we're going to same the same thing which is to congratulate you once again for the magnificent job for the... does this happen in Japan or Hiroshima or?... Ms. Youngblood: Well, let me say yes. I think it did, didn't it? Mayor Suarez; You see, he is taking seriously my suggestion that the was., a direct descendant of Lord Sigo, you see now, he has got... 5.: Ms. Youngblood; Or, I didn't recognize that. Mayor Suarez: Yes. Now that other thing that Commissioner is wieldi.aa�� fle really Brazilian which I think... he is kind of like Christopher CQIebVs anyhow, though he looks right now like a homeless with that be... Anyhow, won't get into that. We thank you for approximately $330jQQ0 Corporation, not to mention some fax machines and other things the►t Ye's given us and in your case for the volunteer, magnificent volunteer as .4, qs�1 1$9 r6v6 afid mako A the mends of the JA0&fte96 Gardens that have managed to iffiN beautiful japan6se affibiktI66 on the island. %ft urge all of you to to there don't think you're charging but it You are, it's a small itountj rightt Me. Youngbloodt A dollar. Mayor Suarez: There you got and its right on Watson Island* Mo. Youngbloodt Please come and... Mayor Suarez: and it's beautiful, it's just an environment that will 04iis , �,:- you too! that you've gone all the way to the Far East... Commissioner Plummer: y1d'! Mayor Suarez: the same place that I'm going to my brother..: Thank j.- Commissioner Alonsot This is incredible. I'm going to ask for protection, believe me. Me. Youngblood: So, thank you very much, all of you. Commissioner Plummer: Agnes, would you like to?... Agnes: And could I introduce Mr. Inouye, the vice president of Rico Corporation to all the people here. Mayor Suarez: Too, please. Mr. Inouye: My name is Inouye, I recognize some of the people. It is a pleasure to be here in the City of Miami. I welcome the opportunity to. discuss - I was ready to discuss - hoping to discuss two items, but'l want to' drop the last one. First, through the efforts of the chairman of * our parent company, Mr. Miyoshi I understand the City agreement will be formalized with the City of Hiroshima sometime in November. As representatives of the private:,:-,--,, sector, we are very happy to assist in formalization of this agreement between the great cities. Thank you. 61. DISCUSSION CONCERNING REQUEST OF ALEX PRODUCTIONS ENTERPRISE5,INC. FOR IN -KIND SERVICES IN CONNECTION WITH THEIR CENTROAMERICAN INDZPM0ZNCt.': _J1 FESTIVAL TO BE HELD IN BAYFRONT PARK. 71 --------- ----- --- Mayor Suarez: OK. Item fifty... Commissioner Plummer: Four. Mayor Suarez: four. Alex Production Enterprises, are they here? Mr. Alex Fernandez: I am here. Mayor Suarez: There he is. Commissioner Plummer: Hold on a minute. What is the in -kind services? much are they? Mr. Fernandez: Well, my name in Alex Fernandez, but after hearing you.,, Vo A-l" changing my re�,uest for the Centroamerican Independence Festival bocausel -7-77714,3 know you are out of budget, and I want to know it it to possible to drop of some of the charges only. The in -kind services, B&yfront Parks r*. concession booths, beer concession and if It In possible, the U department of... Z Commissioner Plummer; How much are the waivers for the park... where, do you have it or does Ira have it? Unidentified Speaker: No I'll locate Ira for you. I don't... x Commissioner Plummer; How much in the rental of the park? B A- 160 j al f�eriehdet Five hundred. rComillaioner piu ert five hundred? sredB's p tiro piu.t s surcharge of fifty cents, , soh 4 N Mr. Fernandest fee. Well $ Ira told tns hs x eight pdreent of the total gross entrance. ?' to drop out the eight portent, but not the fifty cents in surcharge• wo can't VALVs the Cotmeieaioner pitut�mert But we can't waive that. No, �2 r surcharge. t Mr. Fernandes: YOU can. Vice Mayor Dawkinst He just said YOU could. He just said we can wsiVe s I do how you say, he can't.n't understand what we're doing. Commissioner Plummer: Can we or can we not waive the surcharge? t Mr. Odio: On where? i ;.r Commissioner Plummer: On any. i. Mr. Odio: No. Commissioner Plummer: You can't waive the surcharge now. Vice Mayor Dawkins: Did the City Attorney just say, you can waive' the surcharge? Commissioner Alonso: So the rental, we can. What else? Mr. Odio: You cannot waive the surcharge. Mr. Fernandes: Let me read to you from the Code and... Mr. Odio: I don't think we should. We are committing the surcharge to DAY: bonds. Vice Mayor Dawkins: Either you can or you cannot. It has to be cohsiateat Mr. Odio: I don't know if legally, we can. I recommehdthat we do not iat surcharges because we have committed the surcharges to the bond indanture the Orange Bowl, etc. t Vice Mayor Dawkins: All right, then, don't waive them for anybody. Commissioner Alonso: So, we cannot. Mr. Odio: That's right. 've already waived them for two people so Vice Mayor Dawkins: But you , yau'ro going to waive this one. r, 4 Mr. Odio: For who? Vice Mayor Dawkins: No problem. 3 LY +.. Mr. Odio: Commissioner, we did not waive the surcharge. Vice Mayor Dawkinst Yes, we did. ,y yr �! Mr. Odio: No, we did not, air. �{ Mr. goraandest We gave a grant to most. W} port* z Vice Mager Dawkins: All right. Since I have to speak a �+, Whatever we did on the other one, do it on this one. i{il Commissioner Pliers We didn't waive it on the Japanoss t3ard, talking about? Wait them a great of money, but how mach are yo:a .�� ,,��►p.�� me sit down here now. Y Sy19f �'� ut' k IL Mr. i►ernandet! You are the budget. ... Comiasioiier Plummer: i gage a .grant of money to an agatfiitation why hi*_:; P" assumed a liability that was normally the City's to maintain _part., cif, ittof f +: Island, namely, the Japanese gardens, of which all funds made at thatIIAW&� :. w raiser are going back into the Japanese Gardens. Now, that's a different bail r. game so don't... let's just keep apples and applet here Mr. Odiot They are asking for $26,000 OX? And all I want... y Commissioner Alonso: No, he is not asking for that now. t Mayor Suarez: It's very simple, it's very simple, the whole... l Mr. Fernandez: No. After I heard you, I'll tell you first. After, 1 -heard'. you, I want to change my request.K Mr. Odio: OK. Oh, great. z r Mr. Fernandez: Because I know you are out of budget, you know, t ttant tt+ change that, and if it is possible for you to help the Centroamerican Independence Festival with waiving the Bayfront Park rental, concession. booths, beer concession and the cost of the Police Department. Mayor Suarez: Right. All of those, to us, are the same thing as a grant, please, except for the waive of the use of Bayfront Park, which has to come from Bayfront. Mr. Ira Katz: We gave this organization already one of the community days, x.. told Mr. Fernandez to... Mayor Suarez: They have one of the community days. I need some quiet in- the" back of the Chambers, please. Mr. Katz: That's all the authority the Trust has, sir, to waive. Mayor Suarez: That's it, that's all we can do. I'll entertain that in the. form of a motion to formalize it if you need it. Commissioner Plummer: OK. You understand now, that on this, of the $26,000:` ,^ there is no waiver of the surcharge. Of course, you don't know, you don't` -- know how many tickets you sold. So, whatever the surcharge is, is itt effect '= because I'm expecting you're going to have thirty, forty thousand people' .,l there. It's a huge event. Mr. Fernandez: Yes, it is. I think it is more than that people. Commissioner Plummer: More? Mr. Fernandez% Maybe. } Mayor Suarez: OK. As to the waiver, do we need a vote on the rental? Commissioner Plummer: No. That's not a... F f , you have turned that over to that;,,; park and we have already it. Mayor Suarez: Good. All right, is there any other motion on this it**? ti!. not, we would proceed to the next and wish you well, and bless you,evaittt hope it goes well, and doesn't destroy the park and all the other good thugs,``: Mr. Fernandez: Thank you, anyway. Commissioner Plummer: Wait a minute. Hold on hold on J • J ?Av$ 162 } a 62: REMST ADMINISTRATION TO LOOM INTO TITS POSSfBILM bt MCNO $fit CONTROLLINO THE A2t19A AROM BAYrRONT PARK AMPHITHSATSti. ' .....r—....ca.a.....:....isr........air..»..��....s..a..�.w...,..�..:.....�w�.r.,.�.��.:...��,...w.�.�.rr,.�r.:wa��c,.w,r..r�...aWa.�c:�.aaarwr►is`� Commissioner Plumtmer: Let toe ask this question if t may, Mr. Mayor, pieaeia, real quickly. Mt. Manager, how much would it cost us to take and leave -a fence up around Bayfront Park? Mr. Odio: Oh, but that would look, that would destroy the side of that park. Mayor Suarez: But gait. There is a coping that is ultimately supposed to to all the way around the south side of the park to complete what has been doze4 there and as soon as construction is over, we've got to do that. Which is a` very short... Commissioner Plummer: I'm saying that from a matter of control. } Mayor Suarez: Yes. That has to be completed. The only reason we haven't' done it as yet is construction but,.. Mr. Odio: But I know what he wants. It's the one that you normally don't put' up for events. Commissioner Plummer: I'm talking about something that we can control that in the evening... Mayor Suarez: It has to go, you mean to avoid and to stop the entrance of cars into the park and the whole bit? Mr. Odio: That we will do, but not to control the people access to the park. Mayor Suarez: To the entire park? ., Mr. Odio: Yes, that's what he is talking about. —' Commissioner Plummer: Is the park not basically like all other arks closed parks, — after dark? =� Mr. Odio: No. Commissioner Plummer: It's not? - Mr. Odio: It is not. Commissioner Plummer: Mr. Mayor, what is happening in that amphitheater is' unreal. Mayor Suarez: Well, some parts of the Amphitheater I think could be closed,` ` Mr. Manager. Commissioner Plummer: Xavier, we can't even get it up with a fire hone.. 3 - mean, they are using it for sanitation. Mayor Suarez: The amphitheater itself I think, could be enclosed by some means, at nights. Commissioner Plummer: They go to the bathroom there. We can't... Mr. Wail Lee: It isn't right now, Commissioner. But we lock it up and so oa,. but you know, people can walk through, you can come over from Baymido to the, e= two bridges. Mr. Odio: In fact, they come walking from Bayside and walk ,into the park, Mayor Suarez: All right, Commissioner Plummer, from the Trust, if you C OW p" with a recommendation, I'll like to at some point revisit that pea bl31, ' securing some part of the amphitheater. z Commissioner Plummer; That's for sure:. ' { a 163 . --PyfLJbiF Jl.ii ". . 63 RRQUKST 'BY CITY MANAGER TO CLOSE OFF THE HACK Or THE CHANURS IN OR TO. ISOLATE NOISE DURING CITY COMMISSION MEETINGS. ¢Y - Mayor Suarez: Yes, ma'am. Excuse me, for a second, ' Unidentified Speaker: Sure. Mayor Suarez: We need some quiet in the back of the Chambers, please. it y6ui want to speak, you can go outside otherwise, we're going to have to securo those doors in the future. Mr. Odio: I might be able to save some time on this, on this item. Commissioner Plummer: Wait a minute, Mr. Mayor, let's do this right, all right? Would all of you people in the back of the room, please come in and sit down. We love you dearly and we would like you up closer so we Can see the expression on your face. Now, you don't have to take the $100 seats up front... Would the police officers, would you make their jobs easier to come in, have a seat. Mr. Odio: Mr. Mayor, what I'd like to do at least in August now, is, I asked Ron to see if we can decide something to keep these two areas. Mayor Suarez: Yes. In the meantime, we do have two officers. All they have19 to do is stand by the door and instruct people if they are coming in, they are coming in to sit down. Otherwise, they will stay out in the foyer and farther out, parking lot, bay walk, in the bay, wherever they want. Commissioner Plummer: Can we still ask these people over on the right hand side, please come in and sit down. - Mayor Suarez: Thank you. " Commissioner Plummer: We love you dearly. Mayor Suarez: Plenty of seats, no charge. Great entertainment. 64. AUTHORIZE USE OF PORTION OF GRAND AVENUE PARK RECREATION BUILDING BY THE GREATER MIAMI SERVICE CORPS FOR A ONE YEAR TRIAL PERIOD FOR PURPOSES OF ..:: CONDUCTING A JOBS PROGRAM. _ f F —° Mayor Suarez: Greater Miami Service Corps, the use of the Grand Avenue Park facility as their base operation center. Are they here? Commissioner Alonso: Yes. Mayor Suarez: Very good. Mayor Suarez: All right. You think you have a solution to this? Mr. Odio: Yes, we do. .: Commissioner Plummer: Do it. rK �r- Mayor Suarez: Let's go for it. Are they going to adopt this park? certainly hope somebody adopts it. Commissioner Alonso: Yes. P. x, Mr. Odio: We will like to be authorized to issue a permit for a total of I square foot for a small meeting room and a storing area for a porlod of.-,,- year according to all the clauses that the Low Department will �& Wg`;�r�� and that they can use that area during fours of operation from, X6#4 t 164 Jul h z, Yal - .' t; +r+nn'mvli�x+#F7^ttbt'.ir4e.6t+itrwis�Iu "'�� triday, from 7:00 a.m. to 400 p.m. That they MAY be using that- afaa for emergency basis, or as needed, on occasions with a one weak prior notice t6 Service Corps. A flat rate of $5,000 will be paid by the Service Corps With It payment scale jointly agreed upon, and this fee will be allocated for the, Grand Avenue park improvements, materials, and recreation program, 'e►0piias. The City will not be responsible for any damage or theft of"e4►i1*61W dr supplies, and the meeting (room will be available for use, -by the genefai pdbiio after 4t00 p.mi on weekdays and all day on weekendal and that is Vhdt l.. Commissioner plummnert 1 thought there was supposed to be a revokible pa rmit4 Mr. Odio: This is what this is. This is what this is. r�= Commissioner Plummer: And what about insurance for liability?` Mr. Odio: They will be providing all of that. That's why the Law iiepartmont- will have to put the requirements that are established by the City. t Y_. Commissioner Plummer: You recommend it, I move Mayor Suarez: Moved. Commissioner Alonso: Yes. Mayor Suarez: Second, Commissioner Alonso. - Commissioner Alonso: I really think this is one of the great things that we' are doing in the community, and we definitely should support. Yes, I second. Mayor Suarez: Moved and second. Any discussion? If not, please call the roll. Ms. Esther Mae Armbrister: Wait. Mayor Suarez: Yes, Ms. Ambrister. Ms. Armbrister: My name is Esther Mae Armbrister and I live at 3350 Charles = Avenue. I want you to know that CAACED Committe Advisory Board has accepted this proposal, with the stipulation that has been read. Thank you. Commissioner Plummer: Can the police officers, please cut down the noise in the rear? Mayor Suarez: They are not to be in that area at this point. if they, axe going to an office, they can be guided to an office otherwise they can go outside to any of the many locations that I suggested before. Yes, ma'am, did you want to... Ms. Armbrister: Yes, Mr. Mayor. I just wanted to make apologies fpr,.our chairman, Clark Cook, who had to leave but thought that he would be back here to make the presentation. v Commissioner Plummers We are tickled pink he is not here. Mayor Suarez: That's OK, he did pretty well without being here. Ms. Armbrister: Thank you very much. m�z Commissioner Plummers He's out raising my electric bill. Mayor Suarez: Call the roll on the motion. q� ;Y t ' StR t Jc ittiLµ` The following Resolution WAS introduced by Comissioner Plummer, A moved its adoptions. RESOLUTION NO. 90-622 A RESOLUTION AUTHORIZING THE USE OF A PORTION OIL THE GRAND AVENUE BARK RECREATION BUILDING, LOCATED AT 236 GRAND AVENUE; MIAMI, FLORIDA, BY THE GREATER MIAMI SERVICE CORPS ON A TRIAL BASIS FOR A PERIOD NOT TO EXCEED ONE (1) YEAR, FOR THE PURPOSES OF CONDUCTING A JOBS PROGRAM, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY, INCLUDING THOSE PRESENTED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENT(S), IN FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ALLOW SUCH USE BY THE GREATER MIAMI SERVICE CORPS. (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 pagood and adopted by the following voter AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commission Victor De Yurre COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: She is going to need probably, the chairman's name. Ms. Armbrister: Thank you. 65. DISCUSSION CONCERNING LANCE PASKEWICH'S PENDING REQUEST FOR A' REHABILITATION LOAN FOR LUZERNE APARTMENTS. Mayor Suarez: Haitian American National, No. I'm sorry. Lance Paskewich. I saw him around here. Yes, there he is. How are we doing on the loan request?' Mr. Lance Paskewich: Lance G. Paskewich, Luzerne Apartments, 50 NE 13th` Street, City of Miami. I'm here before the Commission today because` basically, the Housing Department and the administration keeps telling me that :, your motions don't count for anything, that only resolutions count. - live' requested... Mayor Suarez: What was the prior motion that we can make into a resolution? -' if that's what you need, assuming, it's recommended Mr. Paskewich: Well... Mr. Herb Bailey: Do you want to let him finish, or you want me to deal with", - I don't know whether he is here to talk about the letter we sent to him regarding his application, or whether he wants to continue the proceea hip;. started some time ago. I think I'll wait until he is finished and then I'XI respond. Mr. Paskewich: I was here before the Commission on March Bth. I was girgn set of instructions, the Housing Department was given a trot of instruct everything was to be complete with my 1956 application which. loss 61 pending application, and the order was from the Commission to rope t Dip the April 12th meeting, and everything was to be resolved. I had toss 166ui + ,' Y�H the information, and it was requested out of this Cotrsaission, trying to 06VOr everything that they could possibly come up with and there hike be!ati no cooperation whatsoever. They still have not given one a work write-up, they haven't given me the cost estimates, they haven't given me any analysis and then I get this letter form Herb Bailey that is again setting all brand new requirements, changing what we've been proposing since 1986j they don't avant us to do any new commercial or new apartments on the project, and badidaily, they're trying to kill the project again. And one of the request that I'm making is that a resolution be passed for $20,000 to put a new roof on the building, so if they want to keep on dragging it out, at least I can keep some kind of tenants in the building and keep it from being destroyed. I've been. before this Commission in 1986, 1987, 1989, 1990, this is my seoand appearance, the housing Department just puts up every road block they cane and every impediment they can to keep this project from ever going on, brie of the. things that I don't understand is the City of Miami final statement of community development objectives - and projected use of funds. They go to Washington, they make these statements as to what they want to do in blighted areas, what they want to do to help poor people and homeless. I've got seventeen units vacant, ready for homeless people if somebody from the City would cooperate. But never have we been requested to put money into this project, now this letter we have says, we have to put seventy-three thousand in. Never has the City requested a co -guarantor on the loan, now I guess they want my mother and my father to sign their life away, as a new requirement that's never been asked. Any yet, the City has ordinances for blacks, for women, we picked a black female general contractor in 1986. She won the bid after three months of bidding, she won the bid, we were beginning construction then. Here we are, July 1990 and we are no closer to getting the building rehabbed than we were back then. And I asked Mr. Bailey to please get a copy of the transcript, I ask Diane Kraska to please get a copy of the transcript, and all they keep saying is, whatever the Commissioners said as motions, whatever they said in the transcript, really don't matter, they don't count. And they don't have to really follow any of the instruction that'are passed by this Commission. And that's why I'm here for my fifth or sixty appearance on the same issue to try to get a loan to fix up my building for poor people. Mayor Suarez: You know, it sounds like from what you're saying, what you ought to do, the next meeting that you have with them, is to bring a tape recorder and tell them of course, under the law that you've got a,tape recorder and you're going to take it, because if they make a statement like that, then you will be able to prove it. Otherwise, you're just saying -that, you know making allegations. Mr. Paskewich: I'm sure they will admit what they've told me. Mayor Suarez: No. I'm sure that they won't admit that they, said that whatever the Commission says, doesn't matter. Mr. Odio: That is not... Mr. Mayor, you know, I was trying to say out of this one. First of all, Mr. Paskewich, the reason we haven't given him the money` because he doesn't qualify. Now he owns a building, if he wants to fix, fix_ it, but not with our money. Mayor Suarez: OK. We've got the philosophy of it. Why doesn't he qualify? Can we get that, Herb? Mr. Bailey: We have... in difference of what Mr. Paskewich has said, we have completed the work write up, after any number of attempts of trying to got him';;; to submit to our estimators and evaluators who would come out, We finally completed a work write-up on the building. He does have a copy because oath:: one of you have a copy and we sent him a copy by certified mail, and you have;''`;' a copy of that letter with you. Also, we have not denied Mr. Paskewich and ; . any relief. We have simply gone through the same evaluation with him as we ds with everyone who comes in and borrow money for housing rehab, and we have submitted to him our findings and the requirements in order for him to comply..:' The requirements that we have indicated to him is listed on page 3 of the'`` letter. This is no different than we do for all of the housing rehabbeere who'" come in. Unfortunately, we are unable to run our do artment in a fgahton tbgt suits Mr. Paskewich. We have read all the material previous tronscript-va- " everything else, it just so happens that today, his unit is not as ;it was �� F 1906, it's a different unit. It has further deterioration, the sou 4 higher, a lot of rehab work has to be done, and we have complisd M everything that we could. We have not turned him down, we have Just -_*sue; h what he needs to qualify. 167 JOY Mr, Paskewich: Mr. Bailey, let me just correct for the record. I did recelve a certified letter, and that was just three pages. I have never received- a work write-up, never received the estimates, I don't even know What he it talking about, they never even mailed any of that stuff to us. They haVst not given us anything and like i said, the Commission order, this *at to fill`bo estimated because Diane Kraska said, in two to three weeks, she could havve.tho building estimated and that was on March 8th. And it... Mayor Suarez: OK. As to the write-up, apparently, wait, wait, l.anae. A�i tti the write-up apparently it is included in our packets. If you didn't recaive it, and I sure they can, if they sent it certified mail, they probably have the return receipt in their possession. I£ not, at least we have it nor► . its our package, you will have it, I'm not sure that you and they are ever going to agree that your project comes within the guidelines, so I'm not sure that'l should tell you to keep trying. Mr. Paskewich: Well, the thing is, the guidelines change upon whims. I tab an Jerry Gereaux will change the guidelines on me, Sonya will Change the guidelines and yet, there was only one set of guidelines passed by this Commission. And we fulfilled everything with the guidelines, we've been the project out, a black female won the bid, it was to begin and that's when they asked for financial statements. We've given them the financial statements, now they want a co -guarantor, now they want this and that, and that it what has gone on since 1986. The program, the guidelines passed by this Commission said that we were to get a commitment from the City of Miami for 90-days'for-a 1 percent fee, and then we were to go and get our own financing for our part We can't even get to that stage. Like I said, we've bid out the project,' everything was fine, and all they wanted was what was contained in Mr. Odio's letter, which you all have in front of you and that was financial statements,' what we are going to our commercial unit and... Mayor Suarez: Mr. Manager, may I just suggest to cut through this, unless any Commissioner wants to take any more definitive action, that you assign someone from your immediate staff or Mr. Bailey, however you want to handle it and give one last try at this and then report back to this Commission whether it can be done or not and make sure that there is no problems of communication, of any information going back and forth. If we conclude that it just doesn't qualify, then just report that to the Commission. Otherwise, there is nothing I can think of to do. I've never heard of anybody wanting to take judicial' recourse on a case like yours and go to the courts for us not quote unquote' cooperating with you, we think we have. But if you want to have one last try' at it, that's the best that I can do, and for the Manager to take special care`. that there is no communication problem here back and forth. That's the best :;', we can do Lance. Mr. Paskewich: Mayor Mayor, I've tried to meet with the City Manager for sia` months and they refuse to meet. Mayor Suarez: Well, you would begin, wait, listen to me, listen to me. You;_,.,. would begin the process of this last try by meeting with him tomorrow at.900 a.m., and I would be present there just to make sure that meeting happsm Now, I'm not sure that that's going to resolve your problem because we nosy end,'' up not agreeing that your project is within the guidelines, I don't know. Holt this Commission is not really in a position to judge, what we are hearing from;. staff that they have done everything by the book, and you still don't qualify,: and your statements that they don't cooperate with you, I don't... we're court of law here. Mr. Paskewich: Well, the transcript said, they were to report back April l2th`.: and be finished. The letter was postmarked, July 12th, OK? Mayor Suarez: Wall, I have no idea why there was a delay for... Mr. Paskewich: This the problem with the cooperation. Mayor Suarez: ... wait, we're not going to argue here as to why there wsa delay between April and July. I mean, that may have been because of t-h* 'Ja&` x work, that may have been because you didn't comply with some of the requirements. Mr, Paskewich: But then it was two and -a -half years m4. to the law dspa>'t�n!��, h: too 411 „A . 4 vz f)l� tr _ Mayor Suarez: it may have been because we didn't have you.. We danbot decide on projects of rehab of this sort by Commission adtiott, Oats is to way. Thera is no way. You can't just reschedule things every OOMLOSLOO meeting, we've not beets able to got to every item in *very COM16616ft m6ftilig that we work on, we're not going to eotaplete the Items today, got the Ust 1 can suggest to you... Mr. Manager, would you agree to meet: with him tamofre at 0:00 a.m. and go over?... Mr. Odio: Not at 9t00 a.m. tomorrow.. Not at nine, any other time that i... Mayor Suarez: Some other time in the morning? Mr. Paskewich: Any time he says, I will be here. Mayor Suarez: All right. You'll work that out and try one more time beaaUse the Commission is just going to give up, if not, that's the only thing 1 can think of. Mr. Bailey: Mr. Mayor... Mr. Paskewich: Is there anything we can do about getting relief for a roof grant for the building so that we could at least preserve it. Mayor Suarez: We don't give roof grants to people who have roof problems) that's just not our... You know, I mean, there will be... Can you imagine what this building would be like if we just gave out people money for goof problems. Mr. Paskewich: Well, it is not my fault, it was in the legal... Mayor Suarez: I mean, you have to fit within the guidelines of a federal,,_ grant program, which is probably CDBG, right? That's it. All right, unless any Commissioner has any other suggestions, that's the best we can do. Commissioner Plummer: I don't know what else we can do. Mr. Baileys I would just like to enter into the record that any meeting that we will have with Mr. Paskewich at your instructions should be based on our last evaluation and on the letter we sent to him July 9th... Mayor Suarez: Sure. Mr. Bailey: ... not what happened in 1986. Mayor Suarez: Which letter is that? What date is that? Mr. Bailey; July 9th, which we sent to Mr. Paskewich, outlining the details under which he could qualify. Mayor Suarez: OK. And you can discuss that and give direct input .to the Manager and you say, he hasn't met with you for six months? He in going to have to meet with you tomorrow, and maybe that's punishment enough, i don' know. Mr. Odio: Yes, to meet with him, yes. Mayor Suarez: All right. s`r Vice Mayor Dawkins: Fifty-seven. Y Mr. Paskewich: Thank you, Mr. Mayor. Mayor Suarez: Thank you, Lance. !4 aa�2 4a �r py C x F 169 , if i` s -77is 66, (A) ALLOCATE $44,485 (16TH IMAR CDBG FUNDS), PRIVIOuSLY orltordAubl TO HAITIAN AMERICAN NATIONAL FOUNDATION - FOR pgOVII)ING A CULIVUL staeATION PROGRAM TO THE HAITIAN CITY (B) GRANT RROMST FROM THE HAITIAN AMERICAN FOUNDATION rolt CLO DESIGNATED STREETS CONCERNING THEIR SUMMER CARNIVAL. Mayor Suarett What's the recommendation on the Haitian American N4ti6nd Foundation for Community Development Block Grant funds? I would hope that would find it in our hearts to come up with some monies to help out. Mr. Odio: Well there is. Mayor Suarez: Is it a recommended program, is it a good one? -is it... Mr. Odio: There are forty-four thousand four hundred and eighty-four odd dollars left. There are other three agencies that wants the same money, which - is the Haitian American Community Association of Dade (HACAAD) and Salvation j- Army. And I don't know why they... Mayor Suarez: Salvation Amy, are they here? Vice Mayor Dawkins; Salvation Amy is not a Haitian... Mayor Suarez: And it is not an economic development entity either. Vice Mayor Dawkins: I don't care, and it is not a Haitian community agency so you can scratch that. Mr. Odic: I know that but... I understand. You can scratch that one. HACAAD, is the other one. Mayor Suarez: And you represent? Mr. Lyls Renolt: Ringo and 1, we represent Haitian American Foundation* Mayor Suarez: OK. Why don't you guys get together physically, over here. Commissioner Alonso: Can we use perhaps, the money that we have and try for, six months? - this program. Mr. Renoit: OK. Commissioner Alonso: We don't have the full amount that they're requesting at this time. Right? Mr. Ringo Cayard: No. We're only asking forty-five... Commissioner Alonso: Forty-five, I guess that's the amount we have. Mr. Cayard: because we are matching with Dade County's money of forty - five thousand to make the total nearly ninety thousand. It's eighty somethjng,'.:�; thousand dollars, nearly ninety thousand dollars and that's the reason why need the forty-five. Commissioner Alonso: I believe that's the amount that's available. In that,�` the amount that is available? Mr. Odio: We have forty-four thousand four eighty-five. Vice Mayor Dawkins; Mr. Mayor. Mayor Suarez: Yes. Vice Mayor Dawkins: Going back to my original question, How much 11 available for the Haitian community, period? Commissioner Plummer: In total or now? 170 _ e Vice, Mayor Dwskifta s Fatal; total, total. Mr. Od io s rOrtY- &6vs`n.. . Ct�ta�oit�aione Pituomer: NO, no. Vice Mayor bawkins: No, no• �- Commissioner Plumteers . You're not even close. If I understand.. _ Vice Mayor Dawkins: You guys told me, and if you want to get the "buses, and get the minutes, that it was $93,000 available for the Haitian 0oh1i n= Mr. Castaneda: That is correct, Commissioner. kr Vice Mayor Dawkins: Thank you. That's what I thought. K Commissioner Plummer: Well, OK. Then... Mr. Castaneda: But the other forty some thousand dollars have already been 1t. allocated to HACAAD. u' Vice Mayor Dawkins: OK. But then, you need to say that HACAAD, so these; gentlemen in here will know that HACAAD has forty-four thousand dollar the which to attempt to meet the social or whatever needs of the community there, so that they will know that. Commissioner, and I believe that HACAAD knots Mr. Castanedas That's correct, that. Vice Mayor Dawkins: Now, what do they have to do to get this money and when. can they get it? _ Mr. Castaneda: HACAAD? The Haitian American National Foundation? Vice Mayor Dawkins: No. HACAAD. Wait a minute, what money is first? Commissioner Plummer: HACAAD has already got theirs. Mr. Castaneda: HACAAD has... there is authority from the City CO issi'oa tiff rr give the money to HACAAD. Vice Mayor Dawkins: Does HACAAD have the money?- . Mr. Castaneda: They have to finish entering into contract. f; CT` Ms. Francena Brooks: We are processing the agreement for that money. now. K- Vice Mayor Dawkins: Does HACAAD have the money? Ms. Brooks: They don't have any money yet. t Vice Mayor Dawkins:' Does HACAAD have the money? y_ Me. Brooks: No, not yet. what does HACAAD have to do to get the Vice Mayor Dawkins: OK. Now, money before the end of the month? �- Me, Brooks: They've met the requirements and we are procoss m$. the$ *p agreement. 4 Vice Mayor Dawkins: What do they have to do to get the money by the `4tR ins Ys the month? Ms. Brooke: No, it's... Vice Mayor Dawkins: You see, this organization keeps trying to met the �# �►". of this cosanunity, and we keep jerking them around, t0111,4$ thO bp t� have to sill out this paper, you didn't dot this "x", you 4144 tt70 - it back tomorrow, V01 11 took at it sgola b and bring v � - today.., 171 sp x 771, Mr, Od jo j Va will have the check in... Me. trookat We are processing it. Mr. Odiot ... if they... by the and of August. Vice Mayor Dawkibet OX, What... now 868P Mt- MAXA46ro that's fires, do but whit do they havo.#i but seat they too want to be on safe ground, have to do to be sure that they have met the requirements and when thi'1Woft6y,-"_,-0,- to available everything is OK? Mr. Odios They have nothing also to do. _7 �; ....................... Vice Mayor Dawkins: Nothing else? All right. Commissioner Plummer: May I ask a question? Vice Mayor Dawkins: Yes. Commissioner Plummert When you say, get them their money, I &uses the question is, how much. Are you going to give them the entire ninety-three?,' Vice Mayor Dawkins: No, forty-four. Commissioner Plummert OK, then) the other forty-four is still up in the Sir?" Vice Mayor Dawkins: I don't know, wait) we'll get to that after I get thrOUR with this forty-four. Commissioner Plummer: OK. Vice Mayor Dawkins: So now, she is... is forty-four thousand d o 11 a r, a," available to her to meet the social needs of... or whatever HACAAD Me. Brooks: Right. It's forty-seven thousand three ninety-nine that she has... that's been allocated to HACAAD. She has met the requirements.4n are processing the agreement. it's a matter of days before she get one ii of the grant. Vice Mayor Dawkins: And they will have the check before the end of August?....` Mo. Brooks: Before the end of August, yes. Vice Mayor Dawkins: All right, I'll make a motion that HACAAD... see ,yoU'lhave to do things up here this way, I hate to do this. I make a motion that receive forty-four thousand dollars on or before July 31. You said tohave it s by August, you didn't say by the end of August. Mr. Odic: I said, by the and of August. Me. Brooks: No. We mean it would be encumbered for their use. Now, it she-", present bills for that which they are not going to be able to do because the haven't started operating. Vice Mayor Dawkinst Well, what day can she submit the first°.bi11x fps reimbursement?... Date. ar Me. Brookes She will be able to get an advance on that grant by the end August. One sixth of the grant, which she in aware of. Vice Mayor Dawkins: Now, what in that it taken thirty days to process fey. four thousand dollars that's already available? Me. Brookes The contract in for one year and she in not..,. tine - #Sonar, of the agencies spend the whole grant up front. Valoss you wait :thoxult kl, the grant up front. That's not our normal operating procedure,* Commissioner Plummer: No, no. Vice Mayor Dawkins: I'm sure you are aware that I wouldn't Ott h that Out it YOU feel like doing its YOU 40 it. OK? It YOU t$01 JI&X 11.4 172 7 4,. It to her, you give it to her and don't tell me about if t want to give it to her, But if you want to, you be rayguest. OK? stow, the eaeldod thing is# when did we atop giving s►oney to HACAAD Mr. Manager? Mf, Castanedat Last year we did not.,. they did not receive..:' Vice Mayor Dawkins, OX, For a whole year we have not funded this agef►cy.' x Mr. Castanedai That is correct. Mr. Odio: That is correct. �= Vice Mayor Dawkins: And now, all of a sudden, we are ready to fund it and it's going to take another thirty days for you to decide to give theta b1i'.. money. I mean, they can't... ry Mr. Odio: Well, you know. Commissioner Plummer: Well, in all defense of staff, I think it has to be said from what I know, why they were not funded last year. And that is... x. Vice Mayor Dawkins: But if you tell me J.L. that they are ready now -to Commissioner Plummer: ... and that is the fact that there was an investigation going on by the federal government and we said, until that investigation was completed and they were cleared, we would not fund thsia They've now been cleared, they've now cleaned up everything, as far as I know, and they are now entitled to be funded once again. I don't want the reeord.to reflect that we just for whatever the reason, we didn't fund them for one year. There was a reason and I think that needed to be put on the record. Vice Mayor Dawkins: And all I'm saying is, that in one year it has -bean determined that whatever the discrepancies were, have been cleared up and It.'-., for the life of me, cannot understand if they are cleared up, why it takes thirty days to release the money. That's my only question, J.L. Mr. Odio: Commissioner, if we can do it sooner, we will within the rules and if we can, we will. Vice Mayor Dawkins: OK. 3 Mr. Odior ... we can't, we won't, but I didn't want to promise you something„: we can't deliver. Mayor Suarez: And it does, having gone through all of that, it does 'sound,.a r} little slow from this point forward to what you call encumbering... Mr. Odio: You have to finalize Mayor Suarez: ... which I have no idea what that term means, and I hope we; can eliminate it from the history of the City of Miami. Encumbering, when y6u -` mean dispersing the funds. s. Mr. Castaneda: Commissioner... Mayor Suarez: Don't try to convince me that the word encumbering I` applicable to financial transaction because I'll chailange'you on that ' I'll bet you lunch every... I've never even heard of that term and it metax� something entirely different in law. Anyhow, dispersing the money; BLV4 them the money, allocating it, taking it from where it's earmarked ter wixor+R b` it's in their hands, OK? It seems like a long time to take.., a: Vice Mayor Dawkins: On a reimbursement type of coverage,: Mayor Suarez; ... that's all I'm saying. I agree with the Commissi.*no,, +� you going to do the beat you can, what more can we do. All right, +i►th further on this item? n Commissioner Plummer; Yes. We haven't even talked to the item, a to do the money for the Haitian Foundation? Mr. kyle Aenoit; Correct. � 14, r..e 173 t .:. Comissioner Plume `i'itt�t's the fund. Mayor Suarezt I don't see why we wouldn't fund the program And 21 re�aosesended by the Manager and meets all the rest of the guideliaea. froM*t•hut_` ' know Mr. Hiambi, did you want to snake any statetgsnt or anyone ..;c; that was on the HACAAD issue. ' Mr. lloger Biambi: Now, I want to speak on the issue of the Haiti+en ell+ ► y5' National Foundation. Mayor Suarez: OX. All right. Commissioner Plummets. You want to speak for them or against theta? M: Mr. Cayard: We are the members. k r Mr. Biambi: Pardon? - Commissioner Plummer: For them or against them? Vice Mayor Dawkins: You go over there with them, you've got your money. $pa, r Mr. Biambi: No way, I can speak for them. Mr. Cayard: Wait a minute. Mr. Mayor, ladies and gentleman" of the Commission. - Mayor Suarez: You want to make a presentation on the funding request? Yes. Mr. Cayard: Yes, that's right. We had asked to be on the agenda. I think. _ ' with due fairness us which are the members of the Haitian: American .; Foundation, should have our say. Mayor Suarez: Sure. k Mr. Cayard: If somebody else want to say something... Mayor Suarez: I was inclined to vote in favor of it but if you want to go ahead and add to it before we hear... y. Mr. Cayard: No, we're finished. I mean, it's just that we presented .a buds6t you know and that's it. Mayor Suarez: OK. You want to say anything additionally in favor?..: or"' against or whichever? X' Mr. Renoit: Well, Mr. Mayor,.I wrote the proposal so, I'm definitely in favor- of it. Mayor Suarez: Right. Mr. Renoit: OK.� ` k" Mayor Suarez: Mr. Biambi. Mr. Biambi: My name is Roger Biambi, and I've been in this Haitian coseAetnitir ` for the past twelve years. I know this community -inside out, -sad "Hof unfortunate that the leadership of this Commission tends to play the Soon. a2�2 a-" token Haitian, in paying heed to what that particular token Haitian says does for them in this community. I question the .competence of the board'rr"' - members, and I would hate to see my tax dollars going to an organization>� headed by Haitians of really, their reputation leaves to be desired.., R `rs people have been, or at least the president of this Hoit$au lie Foundation, has already been identified by the Miami Herold as so"Ou involved in the traffic at the Miami River. And their assoo.iatioA Macoot government in Haiti is clear. Therefore, I urge you not to - .. taxpayers dollars in such an organization that not only their cimpltpaai� to in the . to be questioned, but their ability run any program ; -= community, has to be questioned. My presence here was not, I w" 49t xo speak on this issue, I dune here to epea,k on th4.other 4aeu� Qf�t � .; brutality of the... the other day but then *gaunt I ",aot ppry c6nbcience, let you vote for taxpayers dollars to go to a bunct► Of 0660161 Whom the Miami Herald had already identified as people involved in drug trafficking, in contraband and other types of activities is this c6ttunity. Commissioner Plummer: Who did the Miami herald name in that articl6l Mr. Biambi: Ringo Cayard. Mr. Cayards I would of sued them, you know that. What's happening, Mrs Mayor... Mayor Suarez: OK. We will resolve all items related to libel and defassat#on., in the court system. If you want to say something briefly on just -that particular allegation, go ahead, Ringo. Mr. Mayor, let me elaborate. Everybody knows that Mr. Sia[nbi f Mr. Cayard: ... `_- last year, had a personal thing with some of us in the Haitian community. The t� reason why, is because, there were misappropriation of funds, misuse, and as a matter of fact, Commissioner Plummer knows very well of all these detaile F= because all that went through his office and everybody knows about the investigation. Se, we went in and we voted and we threw Roger Biambi'out. So, I think this is not a good reason for him to come here and try to stay = that. So, there are courts and that the Miami Herald say such a thing, I find that amazing myself. I went a few time to the White House. and Y find that amazing that I've been involved in politics for fifteen years and I'm still free. So these are thing that people you know, of low character come here and spread. This is not the issue, the issue is that we have a foundation, that. we formed with respected people and we apply for funds we have matching funds form the County, we came here and we asked for that. It's a simple matter. Personal vendetta should not take no issue here. Mr. Renoit: Our noble Mayor and Commissioners, we, I believe we have a.list of our board members on our papers and our literatures. They can stand any test whether it's judicial or social or educational, they can withstand any test. We can stand the scrutiny. We are well respected individuals in the community and go out in the community and ask about us. I challenge anyone to come and test us and our reputation and our, you know, our goodwill within the, community. Thank you. Mayor Suarez: Well, we don't have a social test but if there were one, I. 11 suppose it would have been satisfied when we went to see the Vice President at the White House and you went both Roger and you were in that group. So, ` anyhow, up to that point... Mr. Cayard: And you know, we have to remember that this is the same Roger' Biambi who was here six months ago picketing the City of Miami for details you know, so. Mayor Suarez: Don't get into that. Mr. Biambi: Of course, I'll picket the City of Miami because you and Commissioner Dawkins got involved in a deal to send trucks to a General Aeriel` in Haiti, and where those trucks are, no one knows, they have been sold by the. Haitian government and rumor has it in this community that you receive a lot of money from General Aerial. So, don't play that game here with taxpayers dollars. Mayor Suarez: All right, the allegations are getting more and more - interesting. Look... Mr. Cayard: I'd like to have a copy of the tape of all his allegations.' Mayor Suarers Yes. You'll have a copy of the tape here, but we are tryinar..to; decide on funding of an agency, and I don't think this is helping in any �t�►�` All right, and most of those allegations in some manner have been ;repl.ayod". JP,' ,£ the Miami Herald, which is otherwise not the most reliable news sometimes. Yes, Ma'am? Commissioner Plummer: What you mean, sometimes? Me. Michelins DuceAes I'm executive director of H&CAAD. OUr conCora wa#pt fact that the forty-seven thousand dollars allocated to NACAAD 1e0V�a given to us. We had applied for the forty-four thousand +doliare. r `Tti t� 44k Mayor Slltr6at Ohl but we've been through that and... Me Duceft6t No, but it was said that the forty-four thousand dollort,*64 AiS6 U&Ablu money# to I cannot understand that now this money to being giv6m,4161 Mayor Suarest but, it took HACAAD a year to get it's act together and to-th City's satisfaction, it was the executive director# was precisely Mr. affiftibi last year# and you know* we are doing the best we can. And *61frb,nOV 96ills-A0 expedite the rest of the funds as requested by the Vice Mayor and thatlik the beat we can do. All right? On the Haitian American National roundatboh application, I'll entertain a motion. Does it still have to be analy I &A AM processed and so on by you? Mr. Castaneda: It is an eligible public service program under CD8G, it it under DECAB, any issue, it is the will of the Commission any unresolved !$*Us we can resolve, you know, after a Commission approval. Mayor Suarez: OK. I entertain a motion. Commissioner Plummer: Let me ask this question. Is it a fact that HACAAD had normally been receiving forty-seven thousand dollars? So, they are not being denied their funding, they are getting their funding? Mr. Castaneda: That is correct. Commissioner Plummer: OK. And in addition... Unidentified Speaker: Commissioner, the forty-seven thousand dollars was for last year. Commissioner Plummer: ... Sir, I don't pay you. I thank you for giving me your free advice and it's worth all I paid for it. Mr. Castaneda: The difference between the administration and HACAAD. is that. they are claiming that since they did not receive their money last year, they should receive ninety some thousand dollars this year. Commissioner Plummer: That's what I was trying to get to. But under normal circumstances... Mr. Castaneda: But they did receive... Commissioner Plummer: ... they would get forty-seven which is going to_.fbe',",,, granted here today, or has been granted, is that correct? And the secoA4 allocation doesn't in effect go to HACAAD for less or more than what they hsd:'�,11,1111 received in the past. Am I correct in that? Mr. Castaneda: That is correct, air. Commissioner Plummer: Thank you, air. Mr. Jacques Despinosse: Mr. Mayor. Mayor Suarez: Jacques. Mr. Despinosse: OK. I'm not here to discuss the foundation, HACAAD... Mayor Suarez: Give us your name and address, Jacques. Mr. Despinosse: you know me. OK. Jacques Despinosse. Beside what 12:.'0W.-_ in going on here among my Haitian people, unfortunately it has happon*4,inlith*.:.;,,' eyes of the public, that can show you some anger and frustration that going on in the Haitian community for many years. Maybe, one 44Y tbo, 400d Lord might be coming aside to help us solve this problem. The only critic I have, and this is the City of Miami, is the father. Back .0 years ago when the HACAAD thing came out, I was begged to help the City, act as intermediary, got involved into solving the problem because Setting out of hand and you can see it's getting out of hand and year by I don't see how we're going to Patch it up. Anyway, HACAAD has batg existence for many years in the community, we've soon the ftstrUgt HACAAD up and down I will much Appreciate it it there to any tund, knot) to keep funding RACAAb because they need the money. go far H►dW It the only, social agency, as you know, delivering service in the Rditith community, Ivan those afterwards... HACAAD, I never step my foot its HACAAD because x think what was going it was wrong, there was no need far It and I'm ,still taking the same position, it in wrong nowa go, if, any way you, can help RACAAD, help it. As far as I'm concerned, the foundAtibut thin overnight organization created to bring service in the coiiamunity, Y ttiii`have a right as a taxpayer to question their organization who are the board members, I think everybody have that right, what will be the servico they will., be giving to the community, nobody knows, I think this is fair. Dut 1*0 not here to say give them money, or not give them money, but I'M sttil' questioning, who are the board members, what kind of service they will provide for the tax dollar. Commissioner Plummer: Well, let me try to help you there. Mr. Despinosse: OK. Commissioner Plummers Because that was one of the things I demanded and that was budget, and you're more than welcome to look at what is presented, and I would assume that our department will in fact insist that this budget be adhered to. And out of all of the monies, the only thing for a salary which is what I look for immediately, is about a third or fifteen thousand dollars. That's all that's in salary. Mr. Despinosse: OK. The only thing Commissioner Plummer, I hope HACAAD doesn't short change an overnight organization, that's all I have to say. Keep on giving HACAAD what it deserved to furnish the service. I'm here this afternoon as to the situation... when you finish. Mayor Suarez.- We're going to get into that in a second. We called your name; before on that other issue and we didn't find you, so we'll try to got to it before the end of the personal appearances, Jacques. Mr. Despinosse: OK. Mayor Suarez.- OK, Commissioners, on the Haitian American National Foundation... Commissioner Plummer: Mr. Mayor, there's a lot of accusations been made, but in this country, we still go, a man is innocent until proven guilty, and T' don't think that to my knowledge, even though the Miami Herald has made`' accusations, that in fact that is a determination of guilt. I can tell you ,..',l that the two days that I was at 79th Street, on Friday and Saturday, and I spent considerable hours there, I spent many of the hours next to this man who was there trying to help out. I would make a motion at this time that the remaining funds, $44,485 be granted to the Haitian Foundation with this; proviso: that the administration is charged to do a thorough and background:" study of all of the board members, as we would expect under normal conditions that they will monitor; and that at any time they see a red flag that is not' proper, that they would bring it immediately back to this Commission, and the final provision would be that the bills would be paid, the money would not bee` 4 given to them, all in a lump sum. They will be presented, they will present us with bills, if we approve those bills they would then be paid. And under those conditions and only under those conditions, would I move it and vote n. favor, and if it is in order, I so move. Mayor Suarez.- So moved. Commissioner Plummer: And that's with the assurance that HACAAD is getting their normal forty-seven thousand. And the hope and the desires I think this entire Commission is, that the two of you will get together, put 'youx differences aside and realize that it is the community that you both- serving. Together, you can do something if you fall apart, your® go# to tear it apart, and you're going to put this Commission next year 94 the .,how of dilemma, but we're not going to be able to help anybody, Mayor Suarez: So moved. Seconded. Any discussion? Yes, Frank, Mr. Castaneda: Yea. But clarification, the amount is forty-,sevon, thyes,,; three nine when you add the two amounts. l 7 % - _ 4.,E_4 Comissi6ner nutmert Tin toic xna-Li *, liv a- $44,463 n staff gets agreement on thtj exact Mayor Suarest All right, VhO 1jill be built in to the motion Mr. Cgstan6dat OX. Fine. MayorSuar6st Somewhere betw*611 fOrty-four aid YOU Ss -ry Commissioner plummort Mr. Castansdaj this is Mr. Odio. Mr. Odio this Castaftoda. ' Mr. Castan6dat I'm sorry, the other issue is A six months contradtor' contract? Mayor Suaress What's the motion? Commissioner Alonso: One year. Commissioner Plummer: One year. As presented in this budget which W6 hid, presented to us. Mayor Suarez: Call the roll. The following resolution was introduced by commissioner Plummer, moved its adoption: RESOLUTION No. 90-623 A RESOLUTION ALLOCATING $44,485 OF 16TH YEAR COMMUNITY— DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10727, ADOPTED MAY 24, 1990, TO THE HAITIAN AMER A ICAN FOUNDTION, INC. FOR THE -PURPOSE' OF, PROVIDING A CULTURAL EDUCATION PROGRAM To THE.HAITIAN:l COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTB AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY:, ATTORNEY, WITH SAID AGENCY. (Herefollows body of resolution, omitted here and on file in the Office Of the city Clerk.) , Upon being seconded by commissioner De Yurre, the resolution waspasse and adopted by the following votes AYES: Commissioner victor Do Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item So. sally Jude. Mr. Cayardt Mr. Mayor, there in also the issue of blocking the street that's something that we spoke to 0 August ig, for a block party and Mayor Suarez: You're trying to got in two licks here for onot aren't Mr. Cayards No, because this in the last day of the Commission, 90 asking is to block North Miami Avenue and 54th Street. I sent 4 now.,. a simple matter. motion on that? We have that. Do we need a Mayor Suarez: Commissioner Plummer: Miami Avenue? Mr. Fernandes: TOO, street closures, required. Mr. Cayardt Fifty-fourth street, between Miami Avenue and 01 gee6Md Avmouos :. Peeause ve aprkt to sbab of the hispanic Metbbers of their cofthunity the with } Raitiah* the , w0 ra going to do something there. ' Commissioner Plumart It's nice that one time you ask for permissioa to d6 r Mr. Cayard: t knoa, but that'* why we runt to do everything legally. Mayor guarw Ctt. That's monied. I think. ; 4° Commissioner plummert And what are the hours? Mr. Cayard: from 3: d0 y p.m. to 9:00 p.m. And having maybe some of the police. officers there to help us out. Commissioner Plummert I'll go with three until eight p.m. because it's still light until eight p.m. s Mr. Cayard: Fine. �F Commissioner Plummer: And you will pay for the barricades and the policemen? -. Mr. Cayard: Just the barricades, please. Commissioner Plummer: And the policemen. What? z3 Mr. Cayard: The police goes there all the time, anyway. We'll pay for the barricade. Commissioner Plummer: Don't tell me that or I'll withdraw my motion. Because the reason they are there is not pleasant. Mayor Suarez: No extraordinary services paid by the City built` into the motion, and otherwise as to the street closures, moved. Do we have a second? Commissioner Plummer: So be it. You pay for the police, one at each and. a Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-624 A RESOLUTION CONCERNING THE HAITIAN AMERICAN SUMMER CARNIVAL TO BE CONDUCTED BY THE HAITIAN AMERICAN FOUNDATION ON AUGUST 19, 1990, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE s_ DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION q, SERVICES; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY t AND UPON ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (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 votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Msyor Miller J. Dawkins Mayor Xavier L. Suarez NOES; None. ABSENTt None. 179 July 2.4 49 k s 4 1: j • f-'Vy�P P .4, ?� � 'y °�' c �.F: �; J �'S�^•5 3. ��(t' �,' a' CATS MADI DURING ROLL CALL: rt� Co�mmiesidaer Plummer: I g uesa we should ten a record 'Why are f �► YaU 6166ifie :. the street? Mr. Cayard: That's fine. It's because are want to do a unity party after,,: talking to the Catholic church, some leaders of the Cuban community and the Haitian community. We want to do y+ a party in order to bring the Whole group together. Incidentally► the Catholic Church under the diraction of Monsignor Walsh is having a seminar at the Omni Hotel on August S. Commissioner Plummer: And you will then be restricting yourself to that activity? Mr. Cayard: That's right. Mayor Suarez: So be it. I move, yes. Mr. Cayard: We're going to have like a sort of party on the streets. �s Mayor Suarez: Block party. Call the roll. Not call the roil, go to the next item rather. Fifty-eight. Sallye Jude, are they here? - from the... Mr. Cayard: And before we leave, could we have a motion to have J.L. shave his beard? A Mayor Suarez: Not three items, Ringo. Bye. Commissioner Plummer: Just because he shaved his, now he wants mine. p ��—.. 67. APPROVE A COMMUNITY DEVELOPMENT FLOAT LOAN ($300,000) TO MAGIC CITY ENTERPRISES - FOR COMPLETING CONSTRUCTION OF THE MIAMI RIVER INN - HISTORIC BED AND BREAKFAST IN EAST LITTLE HAVANA - DEFINE TERMS. 3Y — — — ---��---.-----—��---r-----w—a--��--------------------------r------ Ms. Sallye Jude: I'm Sallye Jude and I live at 200 Edgewater Drive and... Mayor Suarez: OK, is this a - if I may cut through a little bit... Ms. Jude: This is community development block grant. Mayor Suarez: It's a CDBG... is it a float loan, right? �u Ms. Jude: Yes. t Mayor Suarez: OK, now this goes through extensive review by staff. It has to be... µ Commissioner Plummer: What is the money for? Mayor Suarez: It's for the inn. of Mr. Odio: I would like to recommend this program.? Commissioner Plummer: Well, what is the money for? It doesn't say here. - rye Ms. Jude: It's for finishing the project. I did invite you all personally t. come see so I could give you a tour. We have received an award this year for the community impact... IN Mayor Suarez: He just wants to know what the basic explanation of the use of the money. Ms, Jude: The money for would be to finish one of the buildings sad do the. connections to the bridge that are required. Commissioner Plummer: I'm sorry, I'm not familiar with the progr.a:, U a Jul 'I F' t Mr4 vaiot hut, the only way I would recofther:d this is if sghe has a letter of credit that in a colulmfti . Mayor guareas gut that's the federal guidelines. You got to buttress it Vith a letter of credit, right? r '- Mr. bdiot Yes, at 3 percent interest and it can be recalled in 48 hours at any time. Like we did the... Mayor Suareas Pasically, it just reduces the interest rate you pay on your loan, on your letter of credit... Commissioner Plummer: And how touch money are you asking for? Mr. Odic: Three hundred thousand. Ms. Jude: Three hundred thousand. Commissioner Plummer: And there is a letter of credit callable in how long? "era: Mr. Odiot Forty-eight hours. Mayor Suarez: Forty-eight hours. Commissioner Plummer: And at what interest? Mr. Odic: Three percent. Commissioner Plummer: Now, that's not what we did with the renewal on the last one. Mr. Odio: You did give Zaminco a two year loan for $7,000,000 at one percent. Commissioner Plummer: No, sir. Ms. Jude: Yes, you did. t Mr. Odic: Yes, you did. The original... Mayor Suarez: We had given them one and then we renewed it at seven percent. Commissioner Plummer: That's correct. Mr. Odic: At one percent and I think three percent is fair. This is a good community project here. 'M,� Commissioner Plummer: This is the project that is on River Drive? Ms. Jude: Yes, on S.W. South River Drive. Commissioner Plummer: This is the bed and board? Ms. Jude: Yes, and I have 14 apartments and a restaurant site. I'm doing.a lot for the community. , Commissioner Plummer: OK, the only question I have is in reference to the interest. I think it's low, but if they recommend it, I'll go along With it, Mayor Suarez: 8 the , does thus make it viable now? Are we y y way, going to see some activity there? Me. Jude: Pardon me? Mayor Suarez: Are we going to see some activity there? Is this going to make it viable? x; Ms. Jude: Yes, I hope so. We have twenty rooms open right now and we've had a lot of interest. t r+ ". Mr. Odio: I need to put on the record... fi ` Mayor Suarovi Pleaty of rooms open meaning that they're available for reatst? IS S �!y to � T is �l a F aE � Mfrs Ifta Judet Right, y6u can emu stay any night. Mayor Suar6et But that is 'What wgries tab. Can I send part of MY family? "} Ma. Judet Yes* you can send part of your family. Mayor Suarest All of my familyt Mr. bdiot Six kids... r x Mayor Suarezt I mean, are you, in fact... Ms. Judet I wish you would all come and see it. I'll have a party for you. Gz - Mayor Suarezt ...succeeding in attracting people to that inn or not?, Ms. Judet Yes, we are. I have people from New York and from California there right now. ,} L Mayor Suarez: OK, and it does enhance the... ;uM Ms. Jude: Palm Beach has done a very good job in their newspaper of attracting about 12 guests in the last two weeks. Mayor Suarez: OK, I just wanted to make sure. 7`? Mr. Odio: Just for the record, this is monies that cannot be used unless somebody has $300,000 to guarantee it. Mayor Suarez: A competing project, of which there are none. All right, we have a motion. Do we have a second? Did you second? Ms. Hirai: Who moved it? Commissioner Plummer: Who made the motion? f° Commissioner Alonso: Yes, I second. Commissioner Plummer: Did I make the motion? ' 3ry; Mayor Suarez: Yes, I understood you to make the motion. Call the roll.< Ms. Hirai: Commissioner Plummer moved it and Commissioner Alonso seconds? y Commissioner Alonso: Yea. R iF Me. Hirai: Thank you. � l N The following resolution was introduced by Commissioner Plummer, who moved its adoption: `A RESOLUTION NO. 90-625 C Y� A RESOLUTION APPROVING A COMMUNITY DEVELOPMENT "FLOAT 4 LOAN" IN THE AMOUNT OF $300,000, TO MAGIC CITY ENTERPRISES FOR A PERIOD OF TWO (2) YEARS AT AN INTEREST RATE OF THREE (3) PERCENT, FOR THE PURPOSE OF COMPLETING CONSTRUCTION OF THE MIAMI RIVER INN HISTORIC BED AND BREAKFAST IN EAST LITTLE HAVANA; SAID ` t LOAN TO BE GUARANTEED BY AN ACCEPTABLE LETTER, OF ;• _ i" nx CREDIT FROM A BANK APPROVED BY THE DEPARTMENT OF �w FINANCE IN ACCORDANCE WITH FEDERAL GUIDELINES; FURTHER X APPROVING THE AMENDMENT OF THE SIXTEENTH <16TH)�� COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM! FINAL STATEMENT TO REFLECT THE HERRIN PROVISION. n (Here follows body of resolution, omitted helm and on °4 file in the Office of the City Clark.) Upon bstal seconded by Commissioner Alone*, the reso utto .Was and adopted by the following Grote: c6motasionsr Victor Do Yurre Commissioner J. L. pium�oer, Jr. �� Comissioner Miriam Alonso Vice mayor Miller J. Dawkins Mayor Xavier L. Suarez - 3 None. 7 None. 0.F kn Loner Plummer: .lust for information purposes, what do you charge a sere? is Sixty, seventy and eighty dollars. Commissioner Plummer: That includes room and... Ms. Jude: And breakfast. Commissioner Plummer: ...and breakfast. Me. Jude: And that's for two people. I'll give you all a free night if you'd like to come some night. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. A Commissioner Plummer: Not in the river, dummy. In the river. Mayor Suarez: OK, we got a free commercial out of that. 68. GRANT REQUEST FROM MORNINGSIDE NEIGHBORHOOD FOR A REDUCTION IN THE AMOUNT OF THE REQUIRED BOND IN CONNECTION WITH IMPLEMENTATION OF A " TRAFFIC CONTROL PLAN AND INSTALLATION OF TEMPORARY BARRICADES IN THEIR " NEIGHBORHOOD. Mayor Suarez: Nancy Newton and the whole Morningside neighborhood. °f Mr. Henry Soleras: Excuse me. Well, Nancy's in the hospital and asked me to come today. The issue comes up, and I believe your office investigated it... Mayor Suarez: Give us your name and address, please. Mr. Soleras: Henry Soleras. I'm at 478 N.E. 56th Street. We were hereabout a month ago and we had assumed at that time that the temporary period was not t going to be at cost to us. And there was a $10,000 proviso in your resolution. Since then, I believe the City and us and working with us, we went to the County. We probably found the barricades, we've gotten the County to not charge for the signs. The only, I think, remaining cost is batteries wA for the lights and I'm told that it's $228. We are willing to... Mayor Suarez: And, apparently, my office is involved in this too. I hope we're not here on a $228 item. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. f Mayor Suarez: Have you advised the Manager of what... what are you requesting today? Why are you here? ; Mr. Soleras: Well, we're requesting that you remove your $10,000 requirement on us... _ p Mr. Odio: Aft, see, he's not.... F Mr. Solerass ...for a $228 item that's r well.,. n Mayor Suarez; I mean, I could have sworn we had dealt with this; iss�►�p st. � least the last three Commission meetings. � {i Mt. Odiot 0 I didn't plaaa this item on the aganda, OK? ' Coftibbioner Plummert It seetes lute the last three years. Mayor suareet And then, before that# some other Commission meetings. You want us to remove the bond that was reduced from a higher amount after much Al discussion and argument? Mr. Soleras: Your bond requires that we post a $10,000 bond. We... Mayor Suarez: Well, let's hear from Public Works. Dr. Prieto, why should we do it or not do it and why can't you do it administratively, or why can't we just decide this? i` Dr. Luis Prieto: OK, after we recommended ten thousand, we could offer them our own barricades, set it up, and if we do it with in-house labor, we mould only cost the direct charge which is around $1,900. Mayor Suarez: That's not our expenditure. That's theirs. 1 Mr. Prieto: It's for them to pay us for that direct expense. We're not charging any overhead or anything like that. Mayor Suarez: I'll entertain a motion to adopt to that modified requirement. t I have no problem with that. Commissioner Alonso: So move. F Mayor Suarez: So moved. You still have to go out and collect about $1900. Commissioner Plummer: Se... what am I seconding? Vice Mayor Dawkins: No, not only that, J.L. Where is the consistency? You ` know, one group comes in here, they get one thing. Another group comes, and { they get another thing. Another group comes and they get another thing. What { is the policy of this Commission as it relates to barricades? Who pays for them? Who maintains them and what is what? Now, somebody give me"that policy. Commissioner Plummer: Who gets, who pays. Mayor Suarez: The neighborhood has to pay for them. We happen to have some, I guess, that would otherwise not be used and we're offering to lead it to them. They still have to pay $1900. kr Commissioner Alonso: These are the temporary barricades what we are talking { t about. We're not talking about permanent barricades. Right? r� Mayor Suarez: These are just the temporaries. { Vice Mayor Dawkins: OK, OK... Now, OK, how many temporary barricades do YOU" ".. have, sir? Mr, Prieto: We're giving them 32 barricades. F -, Mayor Suarez: How many do you have, total? -is what the Commissioner was asking. µ Mr. Prieto: We have 32. Actually, we have exactly the amount they need. Vice Mayor Dawkins: All right, if another community comes tomorrow and used 9 16 temporary barricades, what? Then they have to go buy theirs. You sae we're not consistent. Commissioner Plummer: Or wait until this temporary period is over. �xk Mayor Suarez: Right, it's a 90-dap period. All right.., - Commissioner Plummer: If we own the barricades, why does it coat $11900 to jr3 z truck them up there? �F 1 1. F 7i 184 ii f f F d ery h k d Mr, prietot Actua iyt what it costs we have batteriest wetve got 96 highs 35 signs that have to be put up, eta have the installation of the barricades. .'hen, we have to take them down again. And it's only the direct labor putting them up and... fa Mayor Suareat Work with them to keep it to what is really required to `get them up there and back, please. Mr. Prietot That .. $1,9000 sir, including signs, batteries, everything else. Mayor Suareat Sounds high to Me, but at this point, you know, you're going from $10, 000 bond. ► , Mr. Solerast We got the County to donate the signs. We went out of our way to do that with the County so that should not be a charge. Mayor Suarez: All right, but that's going to be worked out. Commissioner Plummers Well, that's the signs. He's talking about the barricades. Mayor Suarezt All right, as to the barricades, work with them, Dr. Prieto, he's very creative, and maybe you guys can figure out a way to do it quicker... Commissioner Plummert I'll tell you, as much as those barricades are getting used, you ought to put wheels on them. Py; Mayor Suarez: OK, I'll entertain a motion on the item and close off debate, please. Commissioner Plummer: I guess - you moved it? Commissioner Alonso: Yes. Commissioner Plummer: I second it. Mayor Suarez: Call the roll on the item before anybody comes up with theta. r Commissioner Plummer: How long is temporary? Commissioner Alonso: Ninety days. Mr. Soleras: Ninety days. Mr. Prieto: Ninety days. �z Mayor Suarez: I was afraid of that. Go ahead, call the roll. z}+ Mr. Neil Robertson: There is... Neil Robertson, 5991 N.E. 6th Court. There d is a proposal that if the first system doesn't work, to change them and try a rl different display or alignment of them. So, it could be 180 days. But we're r the only ones that have paid for anything for temporaries. Everybody else has y gotten temporaries for free.' Mayor Suarez: Got the temporaries free. All y P right, but we've reduced $ your Y cost quite a bit and don't even talk about 180 days right now. Call the roll. �1 y L J 3 'July [ C - .4UN The folldi►ing resolution wss introduced by Commissioner Alamo, who �- its adoptiow RESOLUTION NO. 90-6I6 A RESOLUTION Ritmelma THE AMOUNT OF THE BOND, CASHIER'S CHECK* OR IRREVOCABLE LITTER OF CREDIT REQUIRED OF THE MORNtNGSIDE NEIGHBORHOOD RESIDENTS FOR THE MONIES NEEDED FOR THE COMPLETE INSTALLATION, MORITORTNG AND MAINTENANCE OF THE TEMPORARY TRAFFIC RIGULATORY SIGNS AND BARRICADES REQUIRED FOR THE IMPLB14ENTATION OF THE "PLAN V TRAFFIC CONTROL PLAN IN THE MORNINGSIDE NEIGHBORHOOD, IN THE CITY OF MIAMI, FLORIDA, FROM $10,000.00 TO $1,000.00 (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed - and adopted by the following vote: ' AYES: Commissioner Victor De Yurre E Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. . ABSENT: None. r' 69. ALLOCATE $50,000 (16TH YEAR CDBG FUNDS) TO REGIS HOUSE, INC. - TO ACQUIRE A BUILDING TO BE USED AS AN OUTPATIENT FACILITY FOR DRUG :- ADDICTED YOUTH - EXECUTE AGREEMENT. —� Mayor Suarez: Item 60, ends the personal appearances and then we have Handicapped of America issue that Frank Castaneda wanted to... Mr. Xavier Cortada: My name is Xavier Cortada, I'm the executive director of Regis House at 1535 N.W. 24th Street. Commissioners, very briefly, what_ we're a> doing is just asking you to formalize the $50,000 allocation that you gave Regis House Aril the 12th. There's a memo on g p ' your desks regarding this and 3 basically, now that the Community Development Department and the Zoning _ Department both find that the property we're looking for the money for is both zoneable and, I guess, approved by that department, we're looking for the �= formalization. a.>< Mayor Suarez: OK, that was approved subject to precisely that determination, Mr. Manager? Commissioner Plummer: Is this a grant or a loan? t Mr. Cortada: It's a grant. Mr. Odio: It's a grant. The proposal submitted was that it is satisfactory, and the Planning and Zoning have indicated that the planned use is F' permissible. s kF Commissioner Plummer: You recommend it? 4, 4, -' Commissioner De Yurre: I move it. ¢` M � Mr. Odio: Yes. y . Mayor Suarez: Moved by Commissioner De Yurre. F Commissioner Plummer: Second. ry 16 Jo �� k # f Mayor Suareet Seconded. Any discussion? if not, please call the roll The following resolution was introduced by Commissioner be Yurre, who moved its adoptions RESOLUTION NO, 90-627 A RESOLUTION ALLOCATING $50,000 OF THE 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10727, ADOPTED MAY 24, 19900 TO REGIS HOUSE, INC. FOR THE PURPOSE OF ACQUIRING A BUILDING TO BE USED AS AN OUTPATIENT FACILITY FOR DRUG ADDICTED YOUTH; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. 4 ABSENT: None. Mr. Cortada: Thank you so much. 70. (Continued Discussion) EXPRESS CITY COMMISSION'S SUPPORT, IN PRINCIPLE, FOR: THE MIAMI - A NEW WORLD CENTER PROJECT AND OTHER SIMILAR PROGRAMS WHICH PROMOTE MIAMI AS AN INTERNATIONAL CITY - STIPULATE ALL SUCH REQUESTS WILL BE CONSIDERED DURING DISCUSSION OF THE FISCAL 1991 BUDGET (See label 56). Mayor Suarez: You wanted to review item fifty? d1. Commissioner Alonso: Yes, I'd like to call item fifty, Aida Levitan is have now. Vice Mayor Dawkins: The money is available? The money is available? Mayor Suarez: This is the newspaper... Vice Mayor Dawkins: The money's available? Mayor Suarez: The Journal is too, they took it out of the budget for next r; year. Vice Mayor Dawkins: I want to move it and get the hell out of here. I'll move it if somebody second it. Thanks, Bobby. Ms. Aida Levitan: Commissioners, Mayor and Commissioners, thank you for giving us the opportunity to come before you, Sanchez and Levitan, and B. Mumford and Company would like to present our request for renewal of the "Miami - New World Center" contract which brings half a million dollars in positive publicity from the U.S. and the world for areas such as Littler Havana, Liberty City, Coconut Grove, downtown Miami and all of: the neighborhoods of the City of Miami. It is the only program that promotes the minority communities of Miami as well as the usual attractions that everyone else promotes. It's a proven program, it's brought six million 4oilars, in positive publicity to the City and the entire funding covers airline tits, meals, hotels, per diem expenses, and all the professional fe9s 440 t ,iPtil !7 July 26020, �" r f s n : 4 1" Wit,' promoting Miami as an international business, cuiturai� and sports center. Commissioner Aloneos I really think that we need to find waits to pay for :t programs like this that sell the positive rage of Miami to the world, and if my colleagues feels inclined to go with this, I'd like to move that We approve, provided that the City Manager can find the funds, and we should Make every effort to find this because it will provide us with publicity that otherwise we will not have around the world. Vice Mayor Dawkins: Second. Mr. Odio: I will not be able to find these funds. Commissioner De Yurre: This is subject to finding the funds? Vice Mayor Dawkins: Yes. Commissioner De Yurre: That's the motion. subject... Mr. Odio: Subject to finding the fund? OK. Ms. Levitan: Commissioner, he will not find the funds unless you direct him to do so. Commissioner Alonso: Well, then, I will delete that part and say we should approve the program and include it in our budget. Vice Mayor Dawkins: I still second. Mr. Odio: I feel if we include this when you have to include all others and it's either none or all. This is a great... Commissioner Alonso: What do you mean, none of all? How many do we have like this? Mr. Odio: We have a lot of other programs that are very, very good programs, different in objectives than this one, but that we're recommending as zero funding for next year because we don't have the funds to do that. Ms. Levitan: This is an economic development program. Commissioner Alonso: If we don't sell our image to the world, we don't get anyone coming to see us. {a Mr. Odio: We paid taxes with the Greater Miami Visitors & Convention Bureau just increase their tax base to create more funds to precisely do this. And it is not fair when we're laying off people to use funds to do this. It is not our duty to do this. It belongs to the Greater Miami Visitors.& - Convention Bureau and it belongs to the Beacon Council. And that's where it t belongs. Me. Levitan: It is not a travel editor tour, Cesar, it is a news editor tour and the kind of articles that are published in center piece and double trucks in papers and the San Antonio Express would never be published out of the FAM tours of the Convention Bureau. Mr. Odio: I'm sure that Merritt Steirheim would look kindly to this and so would the County and the Beacon Council. I will not, unless you order me to ` do, put it in the budget. If I do, then you have to look at $3,000,000 that �Y we need to put back into the budget and see where - maybe we can revisit the millage from this morning's agenda. Mayor Suarez: The problem is that there are other worthy programs, -114 hate to have all of them read into the record at this point, but maybe Mr. Manager, you ought to read some of the other ones that will not be funded. We're 7, talking the Miami Film Festival, we're talking the Coconut Grove Playhouse, the Miami Book Fair, things that are known throughout the world and identified specifically with Miami. This is a worthy program, I have no doigbt about that. a� I 1. Ju l y 2 a T ''`J7 t f 1 d, C1i Mr. Odios deli, but... Commissioner Plummers isn't, in all honesty, this matter should be resolv6d at budget time? Mr. Odios Tes, I think... x f Commissioner Plummers I mean, because, you know, we're into this year forthe first time. Volts going to be, from what I can see, and I'm assuming this Commission is going to act responsible, we're going to be cutting a lot of pocketbooks and I think everybody should have the same bite at the apple, everybody should have their bite to do what they want and this Commission then Is going to have to sit back and set priorities. And I don't think you can do it on a piecemeal basis. Mr. Odio: I really, truly believe you're right, Commissioner, that you need to see the whole picture because before you so you need to know what will be _= affected. Mayor Suarez: To defer to consider with the budget. Commissioner Alonso: I will have no objections to look at this item at budget time, but I think it's very important for the City of Miami to sell a positive image of what the City of Miami is. If we close the door and we just say, we are the City of Miami, and we only take care of collecting the garbage and cleaning the streets and that's all we do, soon enough we're going to have to ask to the pocket of the taxpayers and say, you pay for all of these things. Mr. Odio: Well, I... Commissioner Alonso: So, I think we have to have a broader perspective of what Miami is and see that this means money to us. Mr. Odio: Well, I agree one hundred percent with you, Commissioner, that's why I said this morning, you better start looking at more revenues. Commissioner Alonso: We haven't got into that, Mr. Manager. If we do, I'm sure we are responsible enough to do what it takes, but we feel, at this particular time, we are not there yet. Mr. Odio: Well, then, at this time, as a professional manager, I have to recommend to you, since you have not seen the 'budget, that you wait, because r1 you will not have funds to be able to do this or any other programs like this. Unless you... Commissioner Plummer: No, now, Mr. Manager, you're going to lose me. s Mr. Odio: OK. Commissioner Plummer: All right, I'm telling you that I'm not saying that we won't have the funds to do this. I'm saying that this Commission, acting responsible, has got to look and set priorities. I think this has some very fine features... Mr. Odio: Fine... tt� + Commissioner Plummer: ...but first, and foremost, I've got to protect public safety and the interest of this community in safety matters. Anything left r: over, we can talk about but I don't say that there are not going to be any funds. It's a matter of setting priorities. s' 4 1 Mr. Odio: Well, let me clarify, in the budget that I'm presenting to you if there will not be any funds like this put in there. �f Commissioner Plummer: And this Commission has and will this time, change your Y ' budget and modify it, OK? ` Mr. Odio: Sure. And then you tell me where to take from. Commissioner De Yurre: Let me say that, needless to be said, you know, if w portray Miami like we've always; tried to portray it, as ask international City there is a place for promoting Miami in this vein. And I would out Oss, tbat, 18 July 26, 1190 � a a.a J } Ail.�'..'during this budgetary S g pi`risress that we keep that in mind and then within the YOU know, the priorities that we hare, that we deal with this issue snd would, you know` O' feeling 'would be that get a feeling from the Commission.:. �r= Coies3oner Pluttrnters I think that's fair.26 , eft' k Commissioner De Yurret .+.saying Yen, you know, we support this kind , of program but, you know, we won't make any decision today until we go through- this budgetary g - y processin the next month or two. Commissioner Alonsot So, do we take a vote saying that we support the project and then rt we will revisit it at budget time and try to find the money? >. Vice Mayor Dawkinst That was your motion and I seconded it, where we going? J Commissioner Alonso: Yes, OK, let's stick to it. OK? r Commissioner De Yurre: That we - you know, we support programs, this program, and — programs like this that promote the Citypp flavor. of Miami in an international Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. f • Joel Maxwell, Esq.: Point of clarification, Mr. Mayor, is this a motion or a resolution? -in 4 principle approving or supporting? r Mayor Suarez: What difference does it make? I mean, it's... Commissioner Plummer: No, it's not. It's that we support these kind of programs and we'll deal with it at budget time. <. Mr. Maxwells By resolution or motion? Vice Mayor Dawkins: Motion of intent. Commissioner Plummer: Motion of intent. Mr. Maxwell: Motion. Thank you. Mayor Suarez: I wouldn't quite elevate it to a resolution. Call the roll the motion. on. The following motion was introduced by Commissioner Alonzo, who moved its adoption: �< MOTION No. 90-628 ^ A MOTION OF INTENT EXPRESSING THE CITY OF MIAMI '> COMMISSION'S SUPPORT FOR THE "MIAMI NEW WORLD CENTER" PROGRAM AND OTHER SIMILAR PROGRAMS WHICH PROMOTE THE CITY OF MIAMI AS AN INTERNATIONAL CITY; FURTHER STIPULATING a THAT THE COMMISSION WOULD CONSIDER ANY AND ALL FUNDING REQUESTS FOR PROGRAMS SIMILAR TO THIS DURING COMMISSION CONSIDERATION OF THE FY '91 BUDGET. Upon being seconded by Vice Mayor Dawkins, the motion was' adopted by the following passed and vote: r AYES: Commissioner Victor De Yurre t z, Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso riy Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez �. NOM None. mow : ABSMMi None. t a 190 s� Just sue, x All! Z uz J '.T a iiil(ii:i5lni:r�aYri:i3kiir+f�.tiwGai.aid.Yi1.aYJr7rrJr:CicslNWYaaY...a..ii'riwiW++wra�4ir�iirriiir�--sic.r:...i..�LS+iYW`Iir+(wCiaiti40�fiJiiiG �l�iiiiYiiriis b� X y 1, DISCUSSION C014CIR HO 8011 CONCERNS WnSS D BY A MBM SIt Or RAiTStN COMMITIt. � YiYilibllY(irWabir+iiiN�Iwl�aiiirQnrlfi.iiisu0ir11:4ii+Y�1.i.:.�+.Wa.W�Ywwral.rww+rw�irrrr.ib.r�.Arai.r.iiiiiiiirYiiiYiMWiYfYGifitYlYY:iYiii�i.GJYif4 Vice Mayor Dawkins: Mayor Suarez, Mr. Jacques bespinosse has been.. � Mayor Suarezt Yes, Jacques. k Vice Mayor Dawkinst .t,and he wants to speak on the independent review board and we already covered that today, so I don't think this will take too long. 4 Ms. Levitant Weil be back. Thank you. Vice Mayor Dawkinst Tell him what we did... Mayor Suarez: Suggested, yes. What we suggested, Jacques is that there is a process by which you can get an independent review of any police action or, a indeed, any action by any department and it will be initiated by the request made by the letter from People United for Justice. There's talk of - in other jurisdictions, like the County, of independent review panels and in the newspapers, of a blue-ribbon committee. I tried to explain that I don't think that's really what you want. A blue-ribbon panel is created with much Y' fanfare, they meet for six months, they don't have the experience to delve into these kinds of issues, they're not appointed. A lot of times they are political appointees, or friends of the Commissioners. They have to rely on what the staff of the City tells them anyhow, and then they come back with a report after everybody's forgotten about the incident. We have, in place, an Office of Professional Compliance with an advisory board, which is like an independent review panel. We have not been able to give them subpoena powers, although it was our intention to give it to them, because we've lost in the courts so far, our attempt to give it to the Overtown Review Panel. If we win in court, our ability to give them subpoena powers, I have voted for. It's not always been a full unanimous feeling here that they should have subpoena powers, but whichever we give them, whether it.'s subpoena powers or voluntary investigative abilities, they are constrained by state law, which is the Florida Bill of Rights, that any pending criminal investigation cannot be: carried out separately and publicly in addition to the agency that is carrying it out. We have been told today that there is at least one federal agency ¢; looking at this for possible criminal violations. If so, there would be those constraints, but other than those constraints, which are in the law, we, you know, we have the maximum powers that we have given to this panel, and they are - this would be the first case that they would investigate, that they would look at and their membership has already been determined by Commission s: action after much debate, and they're responsible people. I've named a couple of people that I know the rest of the Commissioners feel that their appointments were also responsive and responsible representative.people of the community, not police officers - although I'm sorry, I think we built in, x should correct that - we built in a minimum of three police officers who are part of the panel, and maybe four. But a minority. The majority are not police are citizens, all residents of the City of Miami, and this could be an opportunity to see how that panel functions. Mr. Jacques Despinosse: So, Mr. Mayor, what is your opinion... Mayor Suarez: And we heard extensive testimony, so I don't mean to cut you off again, but like six people spoke, but if you want to make u statement, go ahead, briefly. Mr. Despinosset No, my statement is I do believe you're watching althoughthe channel seven footage, and I still don't understand why the City of Miami.; , police they have to behave the way, you know, I can understand it if this goings on Saturday, but on Monday where there was a peaceful marching and then there was no need for it, there is no call for it. And their behavior{ie like, you know, the question be raised, you know, South Miami is ]like, you know, South Africa. hecause I don't see the need for it and if the p9lica wanted to arrest the Haitian, they can, there was four to :one, They there just, you know, walk them through. if they want them to be d$*P0rAed, they can use water cannon, they can use tear gas, there's no . nsnc�� . _'f►it they're doing there, we only see this kind of thing in Haiti or totalita��an s� countries, but we never expect this kind of thing can happen in Mi=i+ L n �,; r"�5r Mayor Suareet Jacques, you were quoted in the paper, and I believe John Juntas also, and this is the contradictory aspect of all this that Ilia sure will be looked at, as saying that that particular demonstration that was taking place h on that day, you were not sponsoring it in any way. go all... - Mr. Despinosse: No. Mayor Suarems ...and the interesting thing is that when the leaders that we recognised and we know about were not involved in the demonstration, and that's the one that led to the massive arrests and the use of force. It Just seems like a contradiction. I wonder how all of that happened? I suppose... but I did want to clarify. You were not a sponsor of that particular 4 demonstration. Mr. Despinosset There's something out there the City Manager Odio when he a talked to me. I tell Mr. Odio, there's a lot of sub group. There's a lot of sub groups when things happen we have ghetto and people involved with their : own ideology, you know, and they want to diffuse it. We can't control them. Mr. Odiot Jacques, Jacques... Mr. Despinosse: You see, we just cannot control them and my was f getting out of hand, and on Friday, we spent all days there and Saturday, when you saw me, I was just getting off in it and dressed up to go out to my function... Mr. Odio: Remember, remember... Mr. Despinosse: ...that's what I told you. I say, well I had enough of it. Mr. Odio: Remember what I told you? I said, please help me. Tell them to go home. There are ways of doing demonstrations. They can get permit. Help me, tell them to go home. And you said, no, I'm dressed in a suit, I don't want any part of this. Mr. Despinosset Well, it was a quarter to seven and my function - you know, we have an annual festivity on Fourth of July every year. this was more important. I said, we don't want Mr. Despinosse: But that was Saturday. The police, you know, beat them up, you know, it's still there even they don't have permit, nobody give the police the right to crack down on people. Mr. Odio: I didn't say that. I said, when you were referring to our conversation, I asked you to help me break up the demonstration because I told you it could lead to people getting hurt and you told me, I'm dressed up, I sweat, I don't want any part of it. Mr. Despinosse: I just told you we cannot control the sub group. I repeat it again. The people was there, you know who was there. Some people was there come with the idea it was on Cubans, the Cuban government. We can't control those people. They're coming with their own agenda. We can't control them. The only thing we can do on that Saturday, they left Saturday. The „..j beating doesn't happen on Saturday, it's not happen on Sunday, it's not happen on Monday, until Thursday when there was no need for it. This is what the problem is. Forget about Saturday or Monday, but we talking Thursday, there was no need for it. Mr. Odio: But I can't forget about Saturday, and I cannot forget about Friday, because all of that creates the other part. Mr. Despinosse: So that means that was purposely, you know, they come in for this. What we can't understand that, we know when we're powerless on the committee, anything can happen and nobody care then. It's not right. When this City and the Constitution, when we pledge our allegiance, you say, liberty and justice for all. I'm not saying the Haitian - they bo right to be there or permit - or picketing for a permit - I'm going picketing the Rolice► Department. I have my permit for tomorrow. I have my permit. I will be Mr. Odio: I know, but this was more important. See, I told you what would happen if we had to use police. to use these... A, 192 July 26* 9#0 t to go and breaking lave, but it still doesn't give the police the right to crack down on people. It's uncivilized. Mayor Suaret: Thank you for your statement, and thank you in particular for E going through the process of obtaining permit for future dembfistrat Lofts. Are you with Jacques? Make a quick statement, air, so we can gat into... � Mr. Sidney Charles: Good afternoon, ray name is Sidney Charles, I reside at 7525 North Miami Avenue. Commissioner Plummer: Speak up, please. Mr. Charles: I'm here to say Just one thing, as an American citizen and also as a Haitian. That particular afternoon, on July Sth, I have two children and they're five and six years old, and they watched that even took place on .t television and they still asking me, dad, why this taking place? I'm not here to criticize who was at fault. What I would like to see, you, as the public official of this City, is to make sure that we have some sort of program in place so that this type of situation would not take place again. Thank you. Mayor Suarez: I think that was discussed previously by Vice Mayor Dawkins, I think, made some very important observations about how to avoid that kind of a ?s confrontation in the future. ..-_....--------------- ----------- ---------- -------- ------------ ---------- ----. 72. GRANT REQUEST BY HANDICAPPED OF AMERICA, INC. FOR AUTHORIZATION TO SELL ALCOHOLIC BEVERAGES AT MANUEL ARTIME CENTER IN CONNECTION WITH A CONCERT, WITH PROVISOS. Mayor Suarez: OK, there's an item having to do with an event, Frank, at the Artime Center that we had given a permit, but there were some problem with the... Ms. Marcie Roband: Mr. Mayor, City Commissioners, my name is Marcie Roband, and I've come to request that you make a special - that you give a special permission to Handicapped of America to sell liquor at the Manuel Artime on August 3rd. When I initially contracted the Manuel Artime's for this event, they told me that we could sell liquor there. And just today, and in the meantime, I sold the sponsorship to Bacardi, so I am under contractual agreement with them to sell - not that they would sell the liquor, but they would donate the liquor to Handicapped of America and Handicapped of America°{ would sell the liquor for a dollar. Mayor Suarez: OK, this is not an item that costs us anything. It is a police item. It is an item related to the event that we approved and they understood one thing and we apparently did another. Does this pose a problem? -or shall we just go ahead and dispose of it by a vote to give you the permit? Frank, we need your voice, not just your... Mr. Frank Castaneda: No, we do not have any problem with this as long the Commission does not have any problem with selling liquor at the Manuel Artims. } Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll. Ms. Roband: Thank you. Commissioner Plummer: You haven't got the... 193 The following resolution was introduced by Commissioner Plummer, who moved its adoptions � ABSOLUTION NO. 90-6I9 A RESOLUTION GRANTING THE REQUEST OF HANDICAPPED OF *: AMERICA, INC. FOR AUTHORIZATION TO SELL ALCOHOLIC BEVERAGES AT THE MANUBL ARTIME COMMUNITY CENTER ON AUGUST S, 1990 FROM 700 P.M. TO 11:00 P.M. IN CONNECTION WITH A CONCERT TO BE CONDUCTED BY PARUM PRODUCTIONS, INC., SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONED UPON THE ORGANIZATION OBTAINING INSURANCE REQUIREMENTS AS MANDATED BY THE CITY OF MIAMI AND PAYING FOR ALL COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID CONCERT. (Here follows body of resolution, omitted here and on'k file in the Office of the City Clerk.) ; Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins 4� Mayor Xavier L. Suarez 5 NOES: None. ABSENT: None. NOTE' FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR AGENDA ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS. 73. SECOND READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMENDMENT): AMEND MCNP FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 890 N.E. 69 STREET, 7000 NE 9 COURT AND 950-990 NE 71 STREET (CITY OF MIAMI BAYVISTA MARINA) FROM SINGLE FAMILY RESIDENTIAL TO :. RECREATION (Applicant: Planning Department). Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Yes, Commissioner — Vice Mayor. Vice Mayor Dawkins: We have a lot of items here. We got quite a few people. Is it any way we could take the items that the people are here on... Mayor Suarez: Yes. Vice Mayor Dawkins: ...and then get back to the administrative ones after 4 r; so... ;. Mayor Suarez: Guillermo, what we want to do is skip all items that are strictly for internal consumption of the City, and go right to the items that involve people from the community as a whole. �J. Mr. Guillermo Olmedillos i believe PZ-1 and 2 which are noncontroversial but :* aR. may involve people because people from that area were. y P P P present today. And also " the one dealing with the ordinance, So, I would go... ai { t Mayor Suarez: Which is the other one? Tho one dealing with the;ordaace r. that... , = c'k'3"d'x�k _- - r j 7 ,.. ter. Olmodillot Toonty-five has a lot of people here. Mayor Suares: Ail Fight, orbs 11 try 11 2 and 2S and than go through the I-erst w; of them in orders _ t ' Commissioner Plummers Is there anybody here in opposition to one or tab? Mayor Suares: Is there anyone against Pz-1? Let the record reflect no dns� stepped forward. �y C ` Commissioner Piuimtmers I move P2-1. r Mayor Suarest Moved. 4. Commissioner Alonso: Second. Mr. Oltnedillos The only thing, Mr. Mayor...: Mayor Suarezi Yes, put into the record anything you need to put, Guillermo., y+M Mr. Olmedillo: Tom Faughn from DCA is here to deliver a letter of those - the process through DCA was stalled for some statements made in the application, r and Tom here is delivering a letter to the Commission to that effect. u Mr. Thomas Faughn: Mayor Suarez, Vice Mayor Dawkins, Commissioners, my name } k is Thomas M Faughn, I'm with the Florida Department of Community Affairs. I'm i fri here to read into the record a letter from our department. The date of the letter is July 12th, 1990. It is addressed to the Honorable Xavier L. Suarez, the Mayor of Miami, 3500 Pan American Drive, Miami, Florida, 32333s r.. "Dear Mayor Suarez. In response to your request of June 21st, 1990, the Department of Community Affairs will send a n representative to participate in the July 26th, 1990 public hearing to adopt the proposed amendment 8917 to the City of Miami Comprehensive Plan. The Department's representative is authorized r K; to restate our position as expressed in the Department's June ` 12th, 1990, objections, recommendations, and comments report and ' to listen to all parties. It is the Department's ��T p p position that the adoption public hearing is not the proper forum for modifying the Department's position, or approving proposed revisions to the =} amendments. The Department's representative will be without t I authority. to modify the. Department's position, or approve . proposals discussed at the public hearing. The Department's representative will be authorized, however, to comment on• proposals to resolve objections included in the report..." Mayor Suarez: The letter speaks of the Department's representative in the third person singular. Is that p g yourself? . Mr. Faughn: Yes, sir, it is. n Mayor Suarez: Well. OK, we figured that out. we c "...final approval of any proposal may only be granted by the Secretary of the Department of Community Affairs. The ` Department's role, with respect to approving proposed revisions will be begin upon adoption and submittal of the amendments `,- pursuant to Chapter Nine, J11.011, Florida Administrative Code. fit: If I may be of further assistance in this matter, please contact'; --t me at area code 904/487-4545. Sincerely, Robert Rinnick, Chief, r Bureau of Local Planning." kA Mr. Faughn: Thank you. Mayor Suarez: Thank you and it .will be introduced into the record. -` Guillermo, What does it mean? 34{ Mr. Olmedillos Well, in fact, the application when it went... Mayor Suarez; I'm sorry, it was drafted by you. c a�T ?i �P yy r Mr. Oimadiilot , ..when it +went to bCA, they had alone trf:AMatif { recomimnda€ions, and soft oppositiot to the fact that it read: Katy 'Vista Marina. g`urtheri We met with DCA representatives in the Planning lie artmant We clarified what it was about, They understand what it was about, and we went ahead and scheduled this for second reading because its a fioncohtroversial Stem. Mayor Suaree: OK. t� Vice Mayor Dawkins: but - I'm sorry, Mr. Mayor.., F Mayor Suarez: Cho ahead, go ahead, please.- Vice Mayor Dawkina: I think I heard him say that, that department is opposed to what we're doing. Mr. Olmedillo: Our understanding is that the Department is not opposed to the, plan amendment, the... Vice Mayor Dawkins: See, now I don't want to know what your understanding is, F I'm saying what I heard. OK? Now, I heard it any my understanding and your ff understanding may be different, but I'm telling you what I heard. Now, will you state your position again, air? Mr. Faughn: Yes, air, that's a good question, Vice Mayor Dawkins. We did, in fact, forward to the City of Miami an objections, recommendations, comments w report which did review the proposed amendment in some detail. We did raise some concerns about the proposed amendment and your Planning Department did respond to those immediately and professionally, I might add. We did, on July = llth, most with your staff. We believe we resolved all of the issues which we raised in that report. Vice Mayor Dawkins: So, we're not on shaky ground proceeding. Mr. Faughn: That is my understanding, yes, sir. Vice Mayor Dawkins: OK, thank you, air. Mayor Suarez: I just wanted to make two recommendations. Your numbering system nine J, period, eleven point, whatever it is, you ought to change that U _ to a more comprehensible system of numbering your regulations and the _j. Department of Community Affairs also ought to be changed because we understand '. 7 Community Affairs to be, you know, community development, things of that sort !' and apparently, pp y, you're really kind of a planning department. But anyhow... —° Commissioner Plummer: Did you... 4 Mayor Suarez: Other than that, we appreciate your presence and... Commissioner Plummer: Did you come down from Tallahassee, air? ' Mr. Faughn: Yes, sir, I did. 4 Commissioner Plummer: Just for this reason. Mr. Faughn: Yes, sir. [ Commissioner Plummer: At $265 plane trip plus overnight stay and all expenses F {z incurred. Mr. Faughn: Yes, sir, $242. Commissioner Plummer: And a 27 cent stamp would have done the same. '. 4 Vice Mayor Dawkins: No, no. Mr. Faughn: Your department requested that we be here. We felt it was important in view of the... - Commissioner Plummer: If you'd.., t frlµq� Vise Mayor Dawkins; So, therefore, J.L. should reimburse you, sir. k y, �C 1.^ -711I g-� r . '�. .i,Y a•.h*'Y;' tritr x'�. ( l �e _ "r MI NMI .. 31,1 X Commissioner Plumssers U69 no, the question I'm having, you tell me that you F 'k a. Wit had already worked out prior to today'e sheeting with staff the objections Am t� that there was fio objection, as t understand it, on your part.r> Mr. F'sughns Comiasioner Plusmaer$ that's a good observation and I b6l ava we're here to answer officially any questions directly which you, as Commissioners, shay have about this amendment. Commissioner Plummers My only question is the $242. Vice Mayor Dawkinss Well, reimburse than. Mayor Suarers In the name of... t, Mr. F'aughn: Sir, we think you're worth it. Mayor Suarers And the name of the Department too, Community Affairs. Mr. Sergio Rodriguez: Mr. Mayor, what happened is basically they raised sixteen pages of objections to the proposal that we had. E Commissioner Plummers But, he has stated for the record that those matters R were worked out prior to today. ' Mayor Suarez: That those were worked out to their satisfaction. Mr. Rodriguez: I agree. Mayor Suarez: In addition to the Comprehensive Plan that they have also approved after much back and forth communication and study and planning at great cost to this community, and I question whether the State has any need to get involved in any of this whatsoever. But that's not your decision, sir. That's a decision of a lot of other people. Commissioner Plummer: I moved PZ-1 before, I move it again. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? �R Commissioner Plummer: And I'll hand deliver our results to Tallahassee.. :Y Mayor Suarez: Not at our expense. Call the roll. Commissioner Plummer: Twenty-seven cents. Mr. Faughn: Thank you, Commissioners. Joel Maxwell, Esq.: Title, air. Ms. Hirai: It's a second reading, Mr. Mayor. Mr. Maxwell: Mr. Mayor, title. Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE ► AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OP' ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 890 NORTHEAST 60TH STREET; 7000 NORTHEAST 9TH COURT; AND 950-990 NORTHEAST 71ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE-FAMILY RESIDENTIAL TO RECREATION; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of December 140 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon 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. 10769. 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. 74. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): CHANGE FROM RG-2/2 TO PR 890 N.E. 69 STREET, 7000 NE 9 COURT AND 950-990 NE 71 STREET (CITY OF MIAMI BAYVISTA MARINA) Applicant: Planning Department). Vice Mayor Dawkins: Move two. Mayor Suarez: PZ-2, companion item, has been moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Anyone wish to be heard for or against this item? Commissioner Plummer: Under discussion. Mayor Suarez: DCA presumably also is in agreement, Department of Community Affairs. Yes, Commissioner Plummer. Commissioner Plummer: Mr. Manager, now that we bought million dollars and now that we've properly rezoned the calling it a marina, what are you going to do with it? Joel Maxwell, Esq.: Recreation. Vice Mayor Dawkins Build a marina. the property for a property and we're Mr. Sergio Rodriguez: The zoning was for parks and recreation and now have the property over there and we don't have the funding for it. And you instructed us to buy the property. The property has been bought. The instruction to the Planning Department was that we rezone the property so that you could use it for a marina in the future if it was possible, At this ta p. 0e1bt, if it Were to be used for a marina in the future, it would have to be we would have to,go through the Process, and then advise DCA and all the other state agencies that We ga through the process, but are dhn+t have the funding. Commissioner Plummer: to the property in a condition that it could be aalled a parkl I mean, is it grassed aver, are there trees, are there bertehest. -ie there anything there that we now have a better than a million d6liat iee�eisttaeat iie7 i F Mr. Rodriguez: We have a piece of property of open space in the area in the waterfront. - Xn Mayor Suarez: Does it look like a park? Talk like a park? �u Commissioner Plummers Walks like a park? Mr. Rodriguez: It looks like a piece of open space. Y Mayor Suarez: Very good. You're very careful with your characterizations. Yes, sir. G: Mr. Raul Diaz: My, name is Raul Diaz, I live at 935 N.E. 71st Street, that's directly across the street from the proposed park. Commissioner Plummer: We bought you a hell of a front yard. Mr. Diaz: Yes, sir. But I bought the house before you bought the parka f Mayor Suarez: That answers it. Mr. Diaz: And I avant to thank you very much, but, quite frankly,- it is grassed over, it's very nice and the whole neighborhood uses it and.I avant to thank, especially Commissioner Alonso for coming out and making a special attempt and also Commissioner Plummer who was at the meeting, and I appreciate it, and this shows that citizen committee action does work. -I appreciate it very much. Thank you. Mayor Suarez: Thank you. Commissioner Plummer: Read the ordinance. { Mayor Suarez: Read the ordinance and proceed. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY $90 NORTHEAST 69TH STREET= 7000 NORTHEAST 9TH COURT; AND:, 950-990 NORTHEAST 71ST STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN). FROM RG-2/2 - ONE FAMILY DETACHED RESIDENTIAL TO PR - PARKS AND RECREATION; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. lk OF SAID ZONING ATLAS, MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,- THEREOF: fi CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.-` Passed on its first reading by title at the meeting of December 14# 1989, was taken up for its second and final reading by title and adoption, ;On . motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and psesed " and adopted by the following vote: y u= i �r y` a - T J. 199 v s M, An$I Comissidner Victor to Turre Commissioner Miriam Aionso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suares NOft$: None. ABSENT: *Commissioner J.L. Plummer, Jr. Note: Although absent at the time of roll call, wished to be shown as voting with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10770. k- The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and r to the public. --•------M_..�._....__-.___-_._____---_.._------------------- ----------------------- 75. (A) INSTRUCT PLANNING DEPARTMENT TO BRING ZONING OVERLAY DISTRICT PROPOSAL WHICH WILL NOT ADVERSELY AFFECT OWNERS OF SINGLE LOTS IN EDGEWATER AREA, etc. a (B) INSTRUCT ADMINISTRATION TO STUDY POSSIBLE INCREASE OF FLOOR AREA RATIO AND THE ISSUE OF PARKING SPACE REQUIREMENTS ON COMMERCIAL AREAS FACING BISCAYNE BOULEVARD IN SAID PROPOSED OVERLAY ' DISTRICT. (C) CHANGE PROVISIONS OF SALE OF USED AUTOMOBILES / USED CAR LOTS (CONDITIONAL USES) IN ZONING ORDINANCE 11000 - WAIVE PROPOSED REQUIREMENT OF AN ENCLOSURE FOR USED CAR SALES LOTS, FOR A FIVE YEAR PERIOD. (D) ALLOW .SPECIAL EXCEPTIONS IN AREAS ZONED AS GOVERNMENT INSTITUTIONAL (GI) WHEN THERE IS ANY CHANGE IN USE OF ANY INCREASE IN INTENSITY GREATER THAN 20% OF THE SIZE OF THE EXISTING FACILITY. (E) SECOND READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 11000 - MAKE COMPREHENSIVE AND NON -SUBSTANTIAL CHANGES - CONTAIN AUTHORITY, INTENT AND PURPOSE - REGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT, BULK, PARKING AND SIGNS - PROVIDE FOR OFFICIAL ZONING ATLAS AND SCHEDULE AND 1 DISTRICT REGULATIONS, ZONING, AND PLANNED DEVELOPMENT OVERLAY DISTRICTS, SPECIAL PERMITS, SPECIAL EXCEPTIONS, APPEALS, etc. (Applicant: Planning Department). ,F >,A Mayor Suarez: PZ-25 then. Mr. Guillermo Olmedillo: PZ-25... Mayor Suarez: Is that the one that involves substantial community input? Mr. Olmedillo: That is correct, sir. This is... Mayor Suarez: Protest, modifications, etcetera. Mr. Olmedillo: The amendments to the - the cleanup to ordinance 11000, the y' x= zoning ordinance for the City, and what I'd like to report to you is that the s last meeting there were two issues brought up, one by Mike Rydell about the post secondary schools, and we have met with them and we worked out a solution. You may have received a letter from them. It was faxed to you and to us which contains the text that they would like it, and basically what it says is in the R-3 and R-4, you can have post secondary educational facility up to 1,500 square feet. And up to two courses per year and that will be for the R-3 and the R-4, and they, of course, will have to most all the parking t requirements. Mayor Suarez: You did say courses, not horses, right? Mr. Olmedillo: Courses. f Mayor Suarez: Right. t `I �h 200 July 264 Mr. Olmedillo: That was one issue. The other issue was brought up with Tony O'Donnell. Tony O'Donnell had represented one of his clients was interested in getting ail the uses that are contained within the government institutional zoning designation as a special exception. That is, with a public hearing. We felt that it was cumbersome for many of the uses that are listed there. We came back to hire with a counter proposal saying hospitals and nursing homes, which is basically what I understand his client has problem with, that those will be by special exception. I would let Tone address that, and just so that I can complete the presentation, the citizens in the Edgewater area approached us about a week ago and they had some problems about the setbacks and the... basically the setbacks and the parking requirements for the R-4 districts, and the compromise that we wanted to present to you was that we would comeback with a special district for the Edgewater area which is comprised by the arts between 20th, N.W. 20th Street - N.E. 20th Street up to 36th Street and east of N.E. 2nd Avenue to the bay. So that will resolve that particular issue. And then, you have... Commissioner Plummer: Well, now, do you need a motion of this Commission to do such? Mr. Olmedillo: Well, I'll let the Law Department address that issue and... Commissioner Plummer: Because it seems like you gave them a little and took back a whole lot. Mr. Sergio Rodriguez: We don't want to get into that. I think we gave a lot, but I think that at the same time that there are certain, specific conditions in that area that merit that we look at carefully to see if we have to deal with that particular area differently as a whole and maybe a special overlay district for the area taking into account parking requirements and setbacks might be appropriate. So, if the Commission instructs the Planning Department to, by resolution, to do so, we will come back again with recommendation to you... Commissioner Plummer: Do you want a resolution or is it necessary? Mr. Maxwell: Yes, air. Commissioner Plummer: I so move. Mayor Suarez: So moved. Commissioner Alonso: Yes... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Could I act - now that we are looking at this item, I think we should look in the area of Edgewater some other problems so we address all of the problems that they are having. Commissioner Plummer: Well, I thought we were sending all of Edgewater back. Mr. Maxwell: Mr. Mayor... Ma^or Suarez: Yes? Commissioner Plummer: Aren't we sending all of Edgewater back? Mr. Maxwell: I misspoke. I think you should do that by motion, those directions, no resolution. Mayor Suarez: Yes, we will do the one and then we'll get to Edgewater where I gather we have a lot - how many people are here on the Edgewater issue? UNIDENTIFIED SPEAKER: Please... Mayor Suarez: We're going to build that logo into the City of Miam1. flag, think, after... Commissioner Alonoo: These will actually address the small lots, So by So. Mr, Rodriguez: Whatever, yen. 201 July 240 1994 f. s ji 4; Cowlasi6nor Alona6t OX, Can we take at this time the problem that 2 o66 under C11ti Mt, Rodrigu6si Yes, you may want to address all the issues that have been mentioned to us in Edgewater. 1 believe there was also an issue brought by Mr. Stover• in relation to the commercial area, and also there have b&6n4h issue brought in particular to relation to the used car lots that also have been in that particular area, and you might want to address the wholeAssue at the same time, giving us directions to do so or... Commissioner Plummert It was my understanding that the motion would be to send the entire Edgewater back to the department. Mr. Rodriguez: Not exactly... Commissioner Plummer: Delineated by the boundaries which you stated, and all of these issues would then come back to us quite possibly in an overlay district or, in fact, with other modifications or changes. Mr. Rodriguez: The only they want to clarify on the record is that the zoning ordinance, if you so choose today, will be approved in its entirety. In addition to that, you're asking us to look at Edgewater specifically to deal with the Edgewater area an overlay district. But the zoning that is proposed in existing - in the Ordinance 11000 will be left there to be in effect in September 4th and then in addition to that, we'll come back with the amendment to that ordinance in the very near future. Commissioner Plummer: That's a bad way of doing it. Mr. Rodriguez: Otherwise, you're delaying the whole ordinance and you don't want to do that. There are many corrections in this ordinance that we're making today, comprehensively that makes sense that we do them now. Commissioner Alonso: We want to do it the way that you advise us to do. Do you want me to pinpoint the problem of the commercial, or we don't need to at this time? Mr. Rodriguez: It's up to you., If you want to put on the record so you can use some direction, that's OK with me. Otherwise.. Commissioner Plummer: Why can't we just withdraw that area delineated by the boundaries? Commissioner Alonso: You just can't. Mr. Rodriguez: Because you cannot leave it without zoning. Commissioner Plummer: No, the old zoning would apply until we make the now decision. Mr. Olmedillo: Yes, but you're going to have as a result is that, remember, you already adopted 11000. Theme are the cleanup amendments to 11000._., So 11000 will go into effect September 4th and these people will be left out worse than they are today. What we wanted to do is improve whatever zoning could do for them... Commissioner Plummer: OK. Mr. Olmodillo; ...at this particular time, no that we can come back, you know, in the near future and try to solve all the problems that deal with zoning in that district. Mayor Suarez: Got us as far an we can to give them relief today and thou initiate the study and carry it out as quickly as possible and Sot it bock to us so we can give them complete relief so that we don't stop the development of the area, the proper development by a small property owner that they would like to have. Y. Mr. Rodriguez: So you should approve today what we have proposed in tb* ! A*o- package that you have, and then give us instruction to' cons back with "'J V overlay district for the area that will address those whole Lo#%t -of that b- been mentioned. 202 dul y Opt 4 � *s„ Mayor 8nat*%1 Joesues othefolass all they are going to be able to build is : little boxes. Cotwaissioner plumaart it's just a poor way to do it. Commissioner be Yurret hall, let me ask you thiai can we rasolvaj gergio, daft we resolve this issue right here, right hole'? ' Mayor Suarez: 'That's what we just... That's what we just asked. " .'�� Vice Mayor Dawkins t Vhy not? f5i Mr. Rodriguez: You cannot resolve that issue right now, no. Commissioner Blummert No, it's too complex. Y` Mr. Rodriguez: Because .if its not properly advertised specifically for this - area and what you're searching for is an overlay district applying only to they Edgewater area. To do so, you have to have a special advertisement of that particular area. r� Mayor Suarez: But that issue can be resolved by deciding today to advertise it. When we did the Little Havana exception, which I think was very similar to this one, we didn't have any special study for it. I think it was! discussed here in the Commission... Mr. Olmedillo: It was Citywide. Commissioner Alonso: But it was not approved at that time. r� Mr. Maxwell: Yes. Commissioner Alonso: It wasn't the same. - .r Mr. Rodriguez: It was Citywide, Commissioner. 3 Commissioner De Yurre: Mr. Mayor, let me ask so I... Mr. Maxwell: You're talking about rezoning a specific area. A Yfi Mayor Suarez: I understand, but we didn't have to have a study for it. We just intuitively and from our own observations concluded that this yeas &.good thing to do. Commissioner De Yurre: Hit that bells .r 4 3` Mayor Suarez: Couldn't we decide that today and schedule it for the overlay. ' for a final determination in the second meeting in September? F Commissioner De Yurre: Let me understand, let me may something. Mr. Maxwells The answer to that is, yes, you can direct them at another time s to come before you with an ordinance doing what you're requesting... 5 Mayor Suarez: Right. t y„ Mr. Maxwell: ...without a study. So, the answer to that .is yes, u Mayor Suarezt Thank you. That's all I was asking. See, somebody understands. �r ' h f Commissioner De Yurres Mr. Mayor.. Mayor 3uarozs Yes? Coeaatiasioaer De Yuma: I'd like to clear something up. Be are you =. telling me, by creating, that It we make any changes to this, we're oreattag an overlay district for Edgewater? Mr. Rodrigues; What do you mean by "this", I'm sorry. �r 203►t ; ^� pj f 5 r f ; =q C6wiasionar De Vurras by changing what is being proposed here. Y _ Mr, Rodrigues: if you want to address this applying to j9d9owater 6ft1y. Commissioner De Yurret Moo 1 wanted to apply it to the whole City. It doesn't work in Idgewater, it doesn't in Little Navarra, it doesn't *6rk ih Liberty City. You can't build the way t'a being proposed. � Mr. Rodriguesz Weirs of the opinion that it does work in the City, and that this particular area has special conditions because the lots are very small x and very shallow. Commissioner De Yurre: What is the law that. you're proposing overall? Mr. Rodriguers For the whole City? Commissioner De Yurre: Yes, a a� Mr. Rodriguez: In relation to R-4, what we're proposing is that we have a setback that will be 20 foot in the front, 20 foot in the back and 10 on each side. t�• Commissioner De Yurre: OK, on a 50 foot frontage? t` Mr. Rodriguez: On a 50 foot lot with a one hundred foot depth or a one hundred and thirty foot depth. In this particular case what is really affecting them is that the depth of the lot is usually 87.5 in many cases. And also, which is not typical of the rest of the City, and also we have, in `f this particular area, we have sometimes many cases alleys in the back. And we ha"a lots which are 40 feet in width in some cases in this particular area. So... Commissioner De Yurre: Why can't we have side setbacks.that are, you know, 10 percent on each side like, you know, you have in other cities? Like you have a 50 foot lot, you can have five feet on each side and you can have 40 foot' property spanning the front? NJ3 Mr. Rodriguez: That is one of the aspects that we might be looking a special ' district. You might not want to do... _ .f Commissioner De Yurre: No, no, I'm talking about Citywide. Mr. Rodriguez: If you were to do a Citywide, you might be creating, in some cases, buildings, side by side, that will be five feet from the property line. and five feet from the other property lines, so it will be maybe towers, tens feet from each other." Commissioner De Yurre: No, if you have a 20 foot'- 20 percent side setback of the front, which means that you're going to have on a 50 foot lot, there's 10 feet that have to give and a minimum for five feet per side, you endup with Ms five feet on each side. If it's a hundred foot lot, you've got to have 20- feet. With a five minimum, could be 15 on one side and five on the other. It could be ten and tea. Well, you can have that Citywide so you don't need an overlay district. Commissioner Plummer: Victor, you know, the people came here and they wanted t� { a deferment to take it back and restudy it. I don't want to sit here today "- and shoot from the hip. I think this thing needs to be looked at. I do agree that Edgewater, in particular, is unique and I think we should address , Edgewater and send it back to the department and let them go through the process. I don't think there's anyone up there that's hurting that wants to build tomorrow. It was their request of me to sand it back, and I thinkA that's the proper way to do it. r, _ tx Commissioner De Yurre: Well, I got noproblem sending it back, but what I 4m m saying is that, let's not just look at Edgewater because I moo there'x a3 ; problem anywhere in the City. You know, anywhere you have this kind'of `r property, you're going to have that situation. Vice Mayor Dawkins: Mr. City Attorney. Mr. Maxwells Yon, air. t 4J44 42 - . Vita Mayor pawkindt isn't there a law or sot thing that says,' it's unlawful to dory the landowner the fight to utilise his land to the beat of his Ability? R Commissioner plummet Highest and best. R Mr. Max"11 t No, sir. 4 kr� Vice Mayor hawkinst What does it say? Mr. Maxwell: The law says we can't deny our homeowner the use of all - ,ry reasonable... Mice Mayor Dawkins: Mr. Maxwe111 He property. What, air? ,a cannot be denied the use of all reasonable use of the t, Vice Mayor Dawkinss -OK, so if I'va got a 50 foot lot and I want to put something on it, that's not reasonable? Commissioner Plummer: It depends on what you put on it. Mr. Maxwell: You can put something on it as long as... Vice Mayor Dawkins: I mean, what I want on it?,` Mr. Maxwell: No, air... Vice Mayor Dawkins: Why not? Mr. Maxwell: ...you have to comply with the regulations. Vice Mayor Dawkins: All right, so... j Mr. Maxwell: Whatever City regulations are. �r f 4 1 Vice -Ma or Dawkins: All right, now, so how do I change the regulations to ........ €Y2 benefit the homeowner? xxg.: k ;; Mr. Maxwells Two ways. You, or a homeowner in general, sir, if it's you 3 acting as a legislative authority, you amend the Comprehensive Plan,.:'it, ; necessary, or if not necessary, you amend the zoning to allow the use that you're requesting. Vice Mayor Dawkins: OK, now, using the theory of the hundred foot lot,. -OK?,, - z what happens if I cut the hundred foot lot in half and get two lots? >� _k; Mr. Rodriguez: You would have a noncompliant; a law that will not.be comply with the law. s� Vice Mayor Dawkins: Why? Mr. Rodriguez: Because it's less than... TyT`x Vice Mayor Dawkins: Because the other lot - there are other lots in'the area that are 50 by a 100. Mr. Rodriguez: Oh, you're saying the width - they are one hundred Y s could do it in half. Yee. Vice Mayor Dawkins; So then, I don't have to have, as Commissioner De Tucre. � says, a ton percent whatever - I most whatever criteria we've established.s 5 that right? Mr, Rodriguez: I • don't know exactly, Commissioner, the implications' of whstt you're saying. Vice Mayor Dawkins: OK, what I'm saying to, we are siuglq family 4wo1114�€ people. We do not have the luxury of building on acres, half corVIN, ` or arro Iota. r, T Rf-AN'rx�Yt z.. 4 {' s Mr, k6driguest These lots, Commissioner, are multifamily. These lots ere multifamily with a very high intensity for development. 'Wide Mayor Dawkins: All these lots? Mr. dlsiedilloti 'Yea, air. Mr. Rodriguers 'Yea. 'dice Mayor Dawkins: Fifty by a hundred is high intensity? i Commissioner Alonsos R-4. Mr. Rodriguez: Because the use of the lot is for high intensity developers residential development. The problem they're having is that they don't feel x that they can fit the buildings that they will be allowed otherwise in those p- lots because they think that the size of the lot is limiting them in allowing them to build a building up. But the lots that we're discussing here are not single family lots. These are multifamily. They will allow - yes, that's why we're saying that maybe you will like to send this back to the Planning Department and that we will look specifically... Commissioner Plummeri It's the proper way to do it. Mr. Rodriguez: ...as an overlay district dealing with this issue of setbacks, and with parking to see how we can accommodate the particulars of this case as . multifamily. k Mayor Suarez: How does it differ from the consideration we gave to similar .. lots in Little Havana at the time adopting the new zoning code? 3' Mr. Rodriguez: In the case that you were referring to, was not in Little Havana. It was throughout the City, it was a Citywide amendment dealing with R-3 which is... Mayor Suarez: Not R-4? u' Mr. Rodriguez: I believe it was R-3, R-3 only. And it was, when you made the amendment, was made for the whole City. It was not Little Havana. There van ` a misunderstanding, I think, in the papers. Mayor Suarez: With special reference to Little Havana, which this problem seemed to.... F s 9 Mr. Rodriguez: As an example of an area where it will ap;*ly more specifically, but the change that you made was basically,F as I remember, ,4 ;. related to parking. 7 Mayor Suarez: It dealt with the total square footage for which you could seek ` a variance for one thing. It also dealt with the setbacks and it dealt with `. the density of parking Commissioner Plummer: Yes, but that was R-3. This is R-4. `. Mr. Rodriguez: I'm sorry, I might have a problem with the recollection of that. My impression was that it dealt basically with parking and that we changed the parking requirements and in the cases where we have one and two s bedrooms, we require only one parking spa ce and then... � �4 Mayor Suarez: Yes, that's one of the things they're concerned about, Mr. Rodriguez: Right. Right. x `y Commissioner Plummer: But it was also R-3. Mr. Rodriguez: And then, more than 3 bedrooms, we were requiring two gptl that 'a what I think that we changed, but I don't recall that we, were , air, the setbacks dscussn8 atthat time . .' Mayor Suaress Ohs yea.,i l lxi J 4 U — 2O _ 7Z }} m Mr. Itodtiguses And it WtA dity*id6l by the way. COMIskiftei Alohoot Ve've talk about before the requirement of the department, or the suggestion to us was that they had to have a mitlifta at 10,000 square feet. Mr, RodrigU6zi lize lot. C6misoloner Alonsm Us changed the #116 of the lot and we changed that td` Mr. Rodriguezi You are correct. A good memory. Yen, right on. That's why you're mentioning It now. I understand what you're saying now. I thought you, were talking about the size of the unit. JW1 Commissioner Plummers Was that no in R-3? Commissioner Plummer: Was that no in R-3? Mr. Rodriguezi That was for R-3 throughout the City. Mayor Suarezi You were basically trying to make illegal everything that vats in Little Havana, now you're apparently trying to make illegal everything that is in Edgewater. Mr. RodrLguezi No, air. If you want to get into more detail, we can got Into this. The floor area ratio will allow them to build more. What this is dealing with is how far away you move from your neighbors. The amount of development is not... Mayor Suarazi And parking and the minimum lot size before you can even apply for a variance. Mr. Rodriguez: If you want to change it Citywide, you know, that's your decision. My recommendation, at this point, is that you shouldn't do it.' Mayor Suarez: The minim= lot size is a factor because it's a little bit lik a - the other requirement of how much frontage you have to have when you... forget under what section that is that you have to have at least 200 feet at Mr. Rodriguezt To be able to apply for a zoning change. Mayor Suarez: Right. Mr. Olmadillo: That's in order to create.. Mayor Suarez: Which means the little guy could never apply for anything and the big guys, of course, who own a lot of property or able to acquire all tho.: adjoining properties, can come and apply and do all kinds of things. Mr. Rodriguezi That's to avoid a spot zoning. Mr. Olmedillo: Let me address that. The... Mayor Suarez: The philosophy that you have in regards to that and mine are so different that we could be arguing about it forever. Mr. Olmodillo: No, the thing is that you may pull a building permit if, you have a created lot by this time. To create now lots when you, go to, replatting, what we're saying in that to make sense, to extract the most out of an R-4 and to got the 2. 0 FAR that people want in tho,R-4, oappoially this area, you need to have at least 20,000 square feet and that's why,therols" a relationship between the size of the lot and the R-4, Because if you Mayor Suarez: By the way, we have adoptod a zoning code that we tbougbt Vo war* going to simplify, but still has maintained the curious nott an of 44 FAR whichg instead of looking at what otho r people look at wbiob to houbt, overall square footage and so on, and maybe oven motbook 207 t. Y { r; o x± s" intelligible to most people, we get to PAR': light planes, etcatera, etcetera, Yes, go ahead, why don't you guys briefly make your presentation, maybe we can vote and get this over with. Mr. Hermando Rodrigues: My name is Hermando Rodrigues, I am the president of the Concerned Citizens of Edgewater, a neighborhood organization - would you please, the neighbors of Edgewater stand up. Address 410 N.E. 28th street.. Us are here because we are opposed to the 11000 Ordinance, Mayor, for Edgewater, We have met several times during the last two years with the Planning Department to reach something that is feasible for Edgewater, and we agree in increase the density for Edgewater, and we were very happy. Last week I received several phone calls from the neighbors, particularly one of them, Mr. Fernandez brought to my attention the problem of the setbacks in Edgewater. Most of the lots in Edgewater as you probably know, are 50 by 100, and many of them are 55 by 88. Besides, we have a lot of alleys in Edgewater. You have an item in the agenda today about somebody who want to build in Edgewater and want to do something with an alley. The new setbacks of 20 feet in the front, 20 feet in the back, and 10 feet in each side, left a footprint area of only 30 x 60. Not taking into consideration, as a Commissioner told me, that at least 25 years ago, Edgewater have already dedicated approximately seven feet in each property to widen the street. This affect the owner of single lot which had forced to sell their lot at bargaining basement prices since very little can be built on them. The setbacks and the parking requirement had a problem in Edgewater. We suggest that this return to Planning. So Planning has studied the matter in consultation with the neighbors and the property owners, and come back to you with a proposal that will not harm the owner of single lots. We want Planning to come out with a recommendation that at minimum include footprint of 2,800 square feet. According to R-4 today, the footprint is 2,800 square feet, but in a lot of 50 by 100, the footprint could be between 1,500 to 1,800 because it's no way you can put the requirement of the 11000 Ordinance. We want modified the parking spaces requirement. And we want to eliminate the increase in the setbacks after 120 feet high. The way the ordinance reads, when you have a building that is 120 feet high, you increase one foot, you have to take a foot from each of the setbacks. So, in a way, but we receive f rom this hand in a way it's taking it away from this other hand. I want to compare this with 9500 because that one was nothing either. But I think that you're here to help us and you know that we are in your hands and, please, I want you to do something about it in order to make Edgewater a better place, and not a worse place for the little property owners in the area. Thank you. Mayor Suarez: Thank you. Mr. Rodriguez: Any questions? We ought to explain something? Commissioner Alonso: I guess we are all aware of the situation in Edgewater. I think this Commission, by the comments they have made, they have expressed their support, what we have to make a decision now is whether we can reach an agreement today, and I think it's probably better to go and study this and come back with something that makes sense. To meet with you and that they make the final decision in things that is really what Edgewater needs. If you want us to address the problem, I think that several things have to be done. Parking has to be reduced, efficiency, one bedroom, two bedroom, one parking space. Mr. Rodriguez: I agree. Commissioner Alonso: That has to be done. (Applause) Commissioner Alonso: The question - setbacks. They have to be adjusted otherwise anyone that knows anything about this business knows that is 50 by 88, nothing you can done, you can give me all the height you want, you will not be able to have any building there. It's not real. So it doesn't' make any sense, so that will have to be resolved. And then, perhaps, I do know that in the area of Edgewater, some lots, but I guess those will be grandfathered because they are 40, that has been brought to my attention. But, I guess, since they were platted in the 40's, they are grandfathered. Aren't they? 05 ' ffZ g e Commissioner Alonso: OK, so those we don't have to worry. If we fallow the �- rest of the regulation. 1. think basically what it is, is giving them in fi opportunity that this area can be revitalized. I think they have suffered enough. Whenever anyone wanted another house with problems, drugs, whatever, they thought of Edgewater, and that's now the opportunity to help this area. These are the people who live there, understand the needs and that has to be done. And I think that - can we make this decision today? Should we send you y to a study with them which May is best. And I'm willing to take that route. gib_ Mr. Olmedillo: The community agreed to come back in a couple of months from �`- now, back to you, with this overlay district. The other way is that you will affect Citywide anything that is under the R-4 zoning designation for the City$ then will be affected the same way. We feel that Edgewater has special conditions. i2 �_ Mayor Suarez: No, no, we agree that it's an overlay district and it's limited to Edgewater at this point. Mr. Olmedillo: The overlay... - Mayor Suarez: The parameters, as the Commissioner has enunciated... Commissioner De Yurre: Let's understand one thing that are lots scattered - throughout the City that are not normal lots, that are not 50 by 100, maybe 50 by 90. Mr. Rodriguez: Right... Commissioner De Yurre: There are, in fact, right by the Flagler Dog Track, there is one that's 51 by 92. Mr. Olmedillo: In those cases, we usually get application for variances. Commissioner Alonso: Can they apply? Mr. Olmedillo: Who? T Commissioner Alonso: Can a person who has that type of a lot. Can they go file for an application and they don't have to own the property next door, anything like that? Mr. Olmedillo: No, for buildings... Mr. Rodriguez: Variance, yes. Mr. Olmedillo: For building permit, yes. Commissioner Alonso: I beg your pardon? Mr. Rodriguez: For a zoning change, you have to have 200 feet frontage. For a variance, you don't have to have that requirement now. Commissioner Alonso: So, no problem with that if they have... Mr. Rodriguez: For that particular area. Commissioner Alonso: And how much will it cost? Approximately? Mr. Rodriguez: I couldn't tell you offhand. t Mr. Jesus Rois: Excuse me... Su F: Mayor Suarez: That illustrates the problem right there, you see. The planners don't know how much it costs. Mr. Rodriguez: I beg your pardon? No, sir, I wanted to give you the right information. I don't know this by memory. Mayor Suarezi Well$ I think it illustrates it. 209 IC r' e-- July, 20 COM1861after Aloftbot 16caued what might be fair to do with these late* might. Hr, Rodrigu6st The cost in $200. Commissioner Alonso: ...should be graftdfathered. Mr. k6driguezi The cost is $200 for a variance for a single family area plug the cost of the mailing. Commissioner Alonsot Plus the cost? Mr. Rodriguez: Of mailing. Commissioner Plummer: Of mailing. Mayor Suarez: Which is typically? Commissioner Alonso: And it's about how much? Approximately? 'A INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Do Yurret Plus holding on to the land for three or four or five months waiting for something to happen... Commissioner Alonso: That could be no. Commissioner De Yurre: paying interest on the money and a whole bunch of good stuff that goes along with this. Mr. Rois: Excuse me, Mr. Mayor, my name is Jesus Rois, 350 Road. I had to apply for a variance not too long ago and you also have to have architectural drawings for what you're planning to do. So your minimum cost for a single family home... Mayor Suarez: Unless you're an architect and can do it for yourself or something, yes. Mr. Rois: Therefore, the minimum cost for a single family home is over --A $2,000. ""A Commissioner Alonso: Hum. Mr. Rois: To change the dimensions of your property maybe by one foot., Mr. Rodriguez: That requirement is not for a variance. If you were to build A� anything, you would have to have drawings, which are acceptable, that's the South Florida Building Code. -A Commissioner Alonso: Well, but the problem is this. You are taking a chance. If you are denied that application, you lose the money, right? Mayor Suarez: Yes, in this case, it's just to get to the point of knowing whether you're going to be allowed to build what you'd like to build, you haw* to spend $2,000, is what he's saying. Mr. Rodriguez: But that's, you know... Mayor Suarez: We want to try to help the single family owner, the mull property owner, to build things in the City, not necessarily the big guys* Yes. Hr. H. Rodriguez: Mayor Suarez, we would like to asis it's possible that X Edgewater be deleted from 11000 until we have this overlay plan. to that possible? Mr. Rodriguez: You don't want to do that because if you were. to do that, you're going to be worse off because you're going to have the old zoning that you had before, which was more restrictive. You want that? Mr. H. Rodrigues: Well, we don't want to be, Mr. Rodriguez, is in 4 g -ituation that we have boon waiting for two years to solve this, and ovorybQ4 jq�qjr t 210 July 26 .. ....... . j7 1 Lh we thought we had a better treatment than the one we have received With this. r- I mean, I don't want to be, I want to snake this clear, to be in this .same pattern in three (months after the big hassle meeting with planning, meeting With the advisory board and coming here with the neighbors and bring the buses, I mean, we have been fighting for years, I mean, and we want something fair, I don't want to take advantage of anybody, and I don't want anybody to take advantage of us over there in Edgewater. I mean, in this plan, you ban { see that it's impossible to put the 2, 800 square feet of footprint. I meaft`; ; and that is something that we have in 0500. What I want is something, I don't want just to pass 11000 and than take three months for the first reading, then the second reading, and be here up to 192. So, I want a way that we can coins out of here... Mayor Suarez: By the way, by the way, the only reason, Armando, that we're 7 not taking final action today - I mean, at the meeting in August, because we don't have a meeting in August. But it's really just... the next meeting, the very next meeting, at least if we have the votes here, we would take final 4 action. If this goes as I expect it would, and have an overlay district in place and have the planners have it. You don't have to do any more lobbying. I think we support you if we have the three votes here today. Mr. A. Rodriguez: Can the... Mr. Maxwell: Mr. Mayor, Mr. Mayor... Commissioner Alonso: How long will it take? Mayor Suarez: Yes? Mr. Maxwell: That would require two readings and you would also have to go through your Planning Advisory Board, so it would take several months. Mayor Suarez: How come you didn't tell us that before? They just said that we could do an overlay district at the... Commissioner Alonso: Can we take action today? Mr. Rodriguez: Can I try to get this on track again, if possible? OK, let me start first. Mayor Suarez: I know we have to advertise so that's why we can't do it today. Mr. Rodriguez: We have to advertise. We have to comply with the law so that people that might not agree with this - I doubt it, but they can come over and tell you they don't agree with it. Mayor Suarez: We know why we have to advertise? We're the ones that passed the ordinance that requires the advertising. All right... Mr. Rodriguez: We don't have a meeting in August... Mayor Suarez: Right. Mr. Rodriguez: ...for the Planning Board and for you. Mayor Suarez: We know that. Mr. Rodriguez: We have to go to the Planning Board first and then we have to go before the City Commission... Mayor Suarez: You didn't tell us that before. Guillermo didn't tell us that, He said that we could have the overlay... Mr. Rodriguez: ...first.. So what is your question? Mayor Suarez: We didn't have to go through the Planning Board before. Mr. Rodriguez: Yes, you did. Mayor Suarez: Now, it turns out we have to go through the Planning Dogrd, What's the earliest we can go through the Planning Board? .5 } 1 e G, :: Mt. hodriguast mall, air, we go through the Planning Board always. Mr. 01ftodillos For the special district, we have to go through the Planning ¢r -' Board, Planning Advisory Board. ire can be back - the soonest that we tat► be back to this Commission is in September, second meeting in September, second � reading in October.. Mayor Suarez: All right, either way we're here on the second meeting in September. And that's the quickest we can do it. 4, N Mr. Rodriguez: Could I Mr. Mayor—, Mayor Suarez: Assuming we take the definitive action today. Commissioner De Yurre: But I go back to what I was saying. What I was saying N5 that, you know, I don't know why we need to go to a special district if it just so happens that there are more pieces of land that fall under this situation, but I want it to be Citywide because what's fair for this area, because they have this problem, and if there's lots in other parts of the City that have the same problem, I want them to be able to benefit from it also. s Commissioner Alonso: That's right, he has a good point. Mr. Rodriguez: If you want to do that tonight, you can do that tonight. You can do it Citywide. That's your decision. We recommend against that, but that's your decision. Commissioner De Yurre: But, you can bring it back in September without having to go through Planning and everything. 4 Mayor Suarez: I would hesitate to go with that, but I will do anything at this... the reason is that there may be totally different circumstances and we may not have enough in the record to justify every single area of the City. We know Edgewater and we know what is taking place there. Sir, you seem to be waving your had as if you have an objection to all of this, or something absolutely pressing to be stated, so why don't you go ahead and state it? Mr. Dory Auerbach: My name is Dory... Yes, there is a lesson here. There are some of us who sincerely believe that 11000, Ordinance 11000, in essence and in reality, was a condemnation action without compensation or better yet, it was a confiscation. 4 Mayor Suarez: That's a bit of what the Vice Mayor was asking about before. g Mr. Auerbach: Now, may I continue... 3,r Mayor Suarez: Unreasonable restraints on the use of your property. x 7 Mr. Auerbach: May I please continue, air? It is my suggestion that this is. not a Citywide situation, 11000 is specifically for Edgewater. I recommend for your consideration, sir, first, what the Mr. Fernandez wishes to do is excellent. But, I suggest, since 11,000 hasn't taken effect yet, that it should first be rescinded and go back to 9500, which is what these people want so that they could at least be happy and know that nothing would happen. And secondly... Mayor Suarez: I'm afraid that's not exactly what they want. Plus, there's a few misstatements in what you said. Mr. Auerbach: And secondly would suggest that the plan that Mr. Fernandez suggested is an excellent one provided that it's well thought out and no fast action is taken. Mayor Suarez: All right. First his... s UNIDENTIFIED SPEAKER: He doesn't speak for us, Mr. Mayor. Mayor Suarez: No, no, I... UNIDENTIFIED SPEAKER: His interpretation of what we're saying is incorrect. Vice Mayor Dawkins: He spoke for himself. t" a � � 212 July ;6# 3�► �t r - 'm t - -h ahf t'c`:aMf- M t Meiyor guarests Test he spoke for himself. Anyhow, 3 think he'd referring to E Mr. Rodrigues, and wbat he was referring to, 11000 is in effect, is it nott Mr. tiodrtguas: 9tt will be September 4th, sir. Mr. Maxwells September the 4th, air. Mayor Suar6ti All right, and they don't want to go back to the status quo 6f 05000 1 don't believe. go, as far as the quickest that... the quicker action { that we could possibly do, i think we're headed in that direction. Anybody also on this? Mr. Barnes: Yes, my name is Paul Barnes. ' Mayor Suarez: Paul. t Mr. Barges: I represent Mrs. Sanders who owns the building where the OK Warehouses is now placed, which is on the south side of 20th Street between Miami Avenue and Second. Mayor Suarez: Oh, you represent, on a for compensation basis, and if so, have you registered as a lobbyist with the City with the little form that we've got? Mr. Barnes: No. Mayor Suarez: Make sure you do that before you add anything. that very quickly here with the City Clerk. Mr. Barnes: And her situation is that... You could do Commissioner Plummer: Sir, you can't testify until you've done that and been sworn in. You can testify afterwards. Mayor Suarez: If you are being paid in this matter. By the way, Madam City Clerk, I believe we have an ordinance in effect that says anybody in the planning and zoning hearing who testifies has to be sworn in. Would you please remind me before we begin to take testimony? ' Me. Hirai: Yes, sir. Mayor Suarez: Everything you guys have said up to now ix the ,truth and nothing but the truth, so help you all God. UNIDENTIFIED SPEAKERS: Yes, it is. Mayor Suarez: Let the record reflect that they have sworn post facto and 3; retrogressively and made other religious signs, etcetera. There's a little form, if you want to fill it out, Paul. I don't know why we have that requirement. Mr. Maxwell: Mr. Mayor... Mayor Suarez: There are people who says that it's unconstitutional. We have a letter now from an attorney that says it's unconstitutional and it's a very reputable attorney and a good friend of mine. Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: Just for the record, I would suggest gg you allow the Clerk to swear them in again. Mayor Suaress Swear them in as to prospective testimony, I guess. Mr. Maxwells Yea, sir. Ms. Hirai: Would you raise your right hand, please? pp■R 21 a4Z6 I (Y`� d- ,t. 11 At THIS POINT "N CITt CUCAX ADMI14I$T'RRED REQUIRED OATH UNDU OUINANC19 NO. 1011 TO THOSE PERSONS diVINO i'RSTIMONT ON THIS Igstm. ;;�_ Mayor $uaree: I hope your testimony doesn't change from what you've bash; O IOU saying up to now. Paul, fill out the fora, please, before you're in violation. All right, anything further? Commissioners, do you want to discuss this for a second before... Commissioner Plummer: My motion is still in order to send it back to the Planning Department, to go through a logical conclusion study, and then bring it.back to this City Commission. UNIDENTIFIED SPEAKER: Excuse me, Mr. Mayor, the only - you know - we're concerned about the time limits, and I think if it's going to go back to the Planning Department, they should be given some sort of deadline, sixty dabs,; to come back in 60-days with recommendations. Otherwise, this will go on forever. 22 rta Mayor Suarez: My idea would have been to set a specific time sequence here and I hear the Commissioner's motion, but unless he was willing to do that, I was not going to vote for it. Mr. A. Rodriguez: We have been informed by Mr. Olmedillo that he can have it -r e E- by the end of September, the beginning of October, ready here. Commissioner Plummer: That's fine. Mayor Suarez: Oh, we've had that on the record at least twice already and, by the way, since he's an attorney too, if he's being paid anything, which I don't think he is, he would have to file the little form too. Mr. James H. Stover: Mr. Mayor. Mayor Suarez: Yes, Jim. Mr. Stover: After Paul Barnes, I would like to speak... '> b f Mayor Suarez: You can go ahead and speak right now, if you'd like. I think you're in support of this, from what I know. Mr. Stover: Yes it is. Mayor Suarez: By the way, is there a second to the motion? -that, I guess if I can characterize it correctly, Commissioner Plummer, it would make no '< ultimate decision at this point, or even indication, just send it back for `F study with the hope that it will come back with all the ap propriate , recommendations. t , Commissioner Plummer: With the thoughts of the Commissioners and mine. ru, �tMayor Suarez: With the thoughts of the Commissioners and mine. , } Commissioner Alonso: Very comprehensive. Mayor Suarez: Not all of the thoughts the Commissioners have in mind. The ones that they have expressed. All right. Mr. James Stover: OK, are you going to swear me in?' Mayor Suarez: You weren't sworn in before? You knew you were going to come n up here. Mr. Stover: No, I was sitting down. Mayor Suarez: The last time I ever go with you anywhere. OK, why don't you S� swear him in? z� Mr. Stover: I got caught recently before the Planning Board and started to talk and they stopped me. 3 Mayor Suarez: Don't say anything else, you're not sworn in. It could be' , E 214 July gib,#fit A r. k Flp 81 AT TEAS POINT "11 CITY CLEAR ADMIMISTRRIID RIQ UiRED OATH tfMR O INANft t10, 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISM. � �a Think you. Sergio stated that he..4 fx Mayor Suaress put your name in the record, James.u- Mr. Stovers James H. Stover, president of the Bay Realty of Florida, chairman of the zoning and community development committee of the Edgewater krsit association, chairman of the Omni -Venetia -Edgewater subcommittee. And representing 24 owners of 24 commercial parcels in this area. And I have letters in here, if you want to read them, I'll read them to you, but put them in the record. F Mayor Suarez: Are they in support of the general... Mr. Stovers I'm getting no pay for it. - Mayor Suarez: There we go. Mr. Stover: So, that stops that. Mayor Suarez: Well, we're not going to pay you, that's for sure. Mr. Stover: I know. Mayor Suarez: Are you generally in support of what they have been presenting? Mr. Stover: Yes, I am. I'm in support of the residential also, because I have a feeling for the residential and work for the residential as well as the commercial. Mayor Suarez: OK. Mr. Stover: But primarily, I want to speak on the commercial. I agree with everything they have said about residential, OK? Mayor Suarez: What do you want to say about commercial? Mr. Stover: The height limitations have not been mentioned. A hundred and twenty feet with a setback of one foot for every foot of height over that limit. I have a drawing here I had paid for with Carr Smith for a 14-story building under the 1.72 present regulations. OK, it took 14... Mayor Suarez: What FAR cover - what FAR covers that? Do you know, Guillermo, the one he's referring to? Mr. Stover: FAR, one... Mr. Olmedillo: It's been changed to 2.0 now, sir. Mr. Stover: Two point zero. Mayor Suarez: Including the property he's referred to with that building? Mr. Stover: Right. Mr. Olmedillo: Yes, sir. Mr. Rodriguez: But the one he's showing, I believe is of the old ordinance, with 1.72. We raised it up to 2.0 now. Mr. Stover: OK. Mayor Suarers And do you have any idea how big his lot is? Mr. Stover: It's 43,000 feet. I know and I'll tell you about this. Mr. Rodriguez: It's an acre. Mr. Stover: And I want to wake that point. 215 July 20p 1990 i. i' i Mayor guares: That's pretty close to a... Mr. Stovert They've raised it to Z.O. We can't even get it in on this lot at w' l 72 with all the setbacks and hei ht * es eciall the hei ht iimitat4 + 6 p y g and the parking requirements. 'they're almost doubling the parking ., requirements$ they have a height limitation of 120 feet with one foot aetbedk for oath additional foot of height. You'll have an... Y4 Mayor Suarest Are you fronting... you're not Fronting Biscayne with that, are r� you? Mr. Stovers I'm talking Biscayne Boulevard, 24th and Biscayne, that's where that building would be. Mayor Suarez: Twenty-fourth and Biscayne, we have limited to a 2.0 FAR, the area that we want to foster development in, that hasn't had very much for 1 don't know how many years. In Brickell, we go up to what? -eight point taro FAR? Mr. Rodriguez: The floor area ratio of 2 will be equivalent to approximately a floor area ratio of 3 and to give you an idea of what that might mean... Mayor Suarez: Well, but doesn't it sort of trigger in your mind, that there b may a some correlation between the fact that Brickell is beautifully developed and the fact that they have an FAR of 8. And, in this area, which for many years we've been complain has a low FAR, beyond the Omni, you have managed to go from 1.72 to the huge increase 2.0. Mr. Rodriguez: Mr. Mayor, there is a difference in - I don't know if you're noticing the layout of Edgewater compared to Brickell. The lot layout is completely different that has allowed them to build the way they have because it's a different configuration altogether. And, also, I think you know... Mayor Suarez: You know, I think people love to live in Brickell. They love to have office buildings in Brickell. They love to have retail in Brickell. IF There must be something right in Brickell. �s Mr. Rodriguez: Mr. Mayor, if I may, we discussed this with the community. . There was agreement on that issue, and it's coming to you on the next Commission meeting, that particular issue. If you want to raise the floor area ratio higher than that, just get it through... ¢` Mayor Suarez: Absolutely. Mr. Rodriguez: Well, do it. 4 Mayor Suarez: Absolutely, I've been telling you that for four and -a -half years, the day I was elected. ; (Applause) 4: Mr. Rodriguez: Do it. Mayor Suarez: We talked about it in connection with the linkage ordinance and you fought that. We talked about it in connection with the straight increase so that we can develop Biscayne Boulevard and improve that area, and you». haven't done anything about that and I have to tell you that. You're mp friend and you're professional... v �h Mr. Rodriguez: You have Mr. Mayor, am I ra Mayor Suarez: ...but you have a whole different view of life on Biscayne Boulevard than the rest of us. := =s Mr. Rodriguez: If I might remind you, those things are included in the ordinance already. You included them before. And, if you weal to change the floor area ratio, the Commission can make a decision and increase the floor area ratio to whatever quantity you want. The recommendation that we're making is not for that, but you can do it, as you know. 4 Mayor Suarez: All right, on commercial areas, do you want to send this back for a study by Planning with the recommendation of an increase in the furor 216 July, 20, 1999, S 4 y 4r i �r�rx t ^ area ratio to Treasonable - veil, I doWt want to say reasonable bec ause We liable to be the one who determines that = to 8, what we deem to bej a vise !imitation so that we can begin to encourage development of Biscayne boulevard north of the Omni? What is it south of the Omni, Guillermo? What is it south of the Omni? iitianMediataly south of the Omni? Mr. Olmedilio: it's around eight MR. Mayor Suarez: And you decided that when we got to the Omni, all of a sudden we should stop all buildings and .. wheeet - go straight down to 1.72. Mr. Olmedillot Well, actually we have a step down. It was different, you. We have a step down effect there, because then the Chinese Village is 3.0 and then this one is 2.0. Mayor Suarez: Right, and that took us I don't know how many zoning hearings and they're back here for something else today and, of course, you want us to continue having hearings instead of going ahead and bringing about the changes that will, hopefully, lead to development so that we have a little bit better tax base and we can preserve the neighborhoods that don't want to have growth. Mr. Rodriguez: If you want to do it today, you can ask for a floor area ratio increase of whatever you want to, and if you get three votes of the Commission, you can do it today. This is advertised. Mayor Suarez: Yes, please. Commissioner Alonso: Can this be included in the study? Why don't we include this in the study? If you come back, then we have these two. Also, may I ask a question? Commissioner De Yurre has mentioned several times some other lots in other areas. Is it possible, when we just set up all of the recommendations, that you study, can we discuss that too? Is it possible? Mr. Rodriguez: Let's bring that as part of another possible amendment that day, if you want to. I want to say something else in relation to the issue of increasing the floor area ratio in the commercial area. We have an item that is scheduled to increase the floor area ratio to two, right? -before this Commission in September. So, what do you want us to do with that? Mayor Suarez: Merge it with this one, hopefully, if you can to it, so that we handle them both at the same time so we don't repeat ourselves. Mr. Stover: That's a good idea. But I... Mr. Rodriguez: Let me look at that, Mr. Mayor, because I would like to make. sure. Mayor Suarez: Not a brilliant idea, it's kind of a logical idea. Mr. Rodriguez: Mr. Mayor, let me sure, because I know whether there will be any problems that relate to the Comprehensive Plan that approved before. And I want to make sure that when you do it, you know, I give you good advice on that. Mayor Suarez: All right, if you can at all do it so that we don't have to go through the whole thing and then, once again, be faced with another change in the FAR. Mr. Rodriguez: You want to do this, the increase of FAR, along Biscayne' Boulevard from here to 79th Street, or only on this particular area? Mayor Suarez: I would be inclined just to say for now, Edgewater, because they're the ones that are here, but it's up to you, I mean, if you think.... I believe that we should have a higher FAR all the way up Biscayne Boulevard to 79th Street personally. j_ Mr. Rodriguez: You want the properties... Mayor Suarez: But I'm not sure that I'm ready to conclude that becdVos I know Edgewater and I know the feelings of neighbors:, both residential gad ,~ conmerc ial. i juty 26* 410 d ...xxxC ' aJ f CoMiat3ioner Plummert Why don't you go to the oxpresawayt `36th btreet? � :. Commissioner Aioneot Thirty-eighth? Mayor Suarast 5o, I'm bayp61nt not sure that and Morningoid6 and bayaidcand galle Meade and so on, they would all agree. : t� Commissioner Plummert it's an expressway. You don't really have any commercial on the other side of that.p r j _ Mr. Rodriguett And the recommendation is only for the properties facing Biscayne boulevard because we... Mayor Suarez: Yes on the PAR, yes, absolutely. Mr. Rodriguett ...because we were including all the way to N.B. 2nd Avenue. , You don't want to do... r" Mayor Suarett I was thinking just fronting Biscayne Boulevard.I � AJ Mr. Rodriguez: OK, because we - I think that we have to make them aware that when we do that, their taxes are going to increase and there might not be - development.. Mayor Suarez: Well, they hope their properties in their neighborhood will s' `- sort of improve and then maybe the other evaluations might increase and, }_ hopefully, will reduce the tax rate. _-. Mr. Stover: Well, Mr. Mayor... Commissioner Plummer: Well, we reduced... wait a minute, wait a minute. Hey, what do you mean, reduce the tax rate? }" Mayor Suarez: If the evaluations of their properties increase and the whole ., neighborhood becomes, and produces a huge tax base, we... � Commissioner Plummert Mr. Mayor, when y you increase that FAR, they'd batter be A prepared, as you know, we don't set the appraisals. You better be prepared that your taxes are going to go up considerably.' Mayor Suarez: You have my pledge that for... ;y c Commissioner Plummer: Whether you improve them or not. Commissioner Alonzo: ...setback area. Mr. Stover: That's true. That's true. Commissioner Plummert Hey, be prepared. `;. Mayor Suarez: You have my pledge that if the area improves so much that all ., of a sudden, your evaluation go way up, we'll figure out a way to reduce your tax rate a corresponding amount. That's what government is for.: Mr. Stover: In 1983, our FAR was changed, you know, the zoning was changed. • Commissioner Plummer: How do you reduce a millage in one area?> Mr. Stover: In 1985, the taxes on my parking lot doubled and everything else ter. went up 50 to 60 percent. But we got nothing out it after that, you know. -' Mayor Suarez: Did you contest it? Did you tell special master that nobod y wanted to buy your property for that evaluation? " M Mr. Stovers Well, I haven't gone to see them, because, after all, I'd rather , find somebody to develop it. I spend my time trying to fled develogsrn. -Hut I tell you... #_ .. Mayor Suarez: Did that area go up this year in evaluati.pn? Does anybody 7-x know? _ Comm innioner Pluttemers Do what? .^ � qq ' r a� 1•.�`ar 2 1 sE . ity Y � b n r Mt. Rodrigues: I'm sorry. Mayor Suarez: Yee, so we're worrying about a problem that isn't really a problem. We hope we have to worry about the problem of the values going up. Commissioner Alonsos If anything, down. Mr. Stover: But, I want to tell you the history of this. The reason I'm here, I'd like to tell you what we did. In 1988, the fall of 1988, six to eight of us from the Edgewater area met from two to three hours five different times with the planning and made recommendation to them. And I have before me here a chart that shows what we recommended for Edgewater. ` Mayor Suarez: What was it in terms of FAR along Biscayne Boulevard? u iy t Mr. Stover: We recommended 3.2 at that point. And I'm not saying that we ought to have that, because that would be higher than they've given Mr. Schiff where his special project, a 3.0. And I don't think we can expect that much. I'm thankful for the 2.0 that they recommended already, but I'm not thankful for the fact that they have a limit of 120 feet on the height where I can't build it, all the building that you're supposed to build with FAR 2.0. Mayor Suarez: How does that come into play? Let me ask about that since you mentioned it, James. How does that come into play now? -for every foot above 120 feet... ti Mr. Olmedillo: A hundred and twenty feet. The idea is that you have a right- 4_ of -way which is 100 feet. Then, you have setbacks which amount to about 20 feet. So you have... Mayor Suarez: Wait a minute, let me finish my question. Is the idea that for every foot over 120 feet in his particular lot, you have to have more setback? Mr. Stover: One foot for every foot. Mr. Olmedillo: The building can be pyramid shape. Mayor Suarez: Oh, so you are trying to tell them how buildings? Mr. Olmedillo: Today, 9500, we have what's called light trying to sim... Mayor Suarez: The old light plane, we didn't get rid of. make sure we didn't get rid of it. Mr. Olmedillo: We got rid of them. And you don't have them. Now, you have them only on one street site and it's not an additional setback, I think, and I offer myself to Mr. Stover to go over his plans because I can see that - and I believe very strongly that his plan can be done under 11,000 without any problem. f Mr. Stover: I don't think it will. I don't believe that. r ;:x Commissioner Alonso: Well, you show it to them. Mayor Suarez: Well he wants to be <£ y , your planner and architect, for free. � Mr. Stover: No, I delivered a copy of this plan to your office today and I } want to talk with you about it. But I don't believe it. Mayor Suarez: OK, James, as part of the study, they're going to look at your a specific plan because he says he thinks it can be done. So... Commissioner Plummer: We're sending this back, why are we still talking about it? Commissioner Alonsos Yes. Mr. Stover: I don't think it can be done because I can calculate also, t T :hidif d _. Mayon Suaret: Wait, gait, wait. As part of the study, they're going to look it that. He just made a statement, on the record, you can get the trabsct pt from this lady over hate from the City Clerk. He thinks it can be donej, ate all part of the study, as he recomenda to us, they're changing that regulation 611 height and setbacks and the correlation between the two also possibly an I►AA' change, he will be looking at your specific property. Work with hits. 4 Mr. Stover: Olt, and I want hits to talk with me about it before he 66MOS to you, instead of the other way around because it's been that way for two y6tra. Mayor Suaret: He'd better because otherwise I probably won't vote for it and I'm going to be quite upset. t Mr. Stover: I have not been invited, no ones been invited to a meeting since 1988 with the Planning Department. Mayor Suarez: OK, you are very... ; Mr. Rodriguet:: Mr. Stover, I. have met with you many times in the last few years. tx Mr. Stover: No, you haven't, not many times. I'm sorry, you have not. Commissioner Alonso: Well, you will this time. =j Mayor Suarez: Well, we're not going to have an argument about how many is �a many, Mr. Stover: Recently, I met with you with Dan Grigsby but... Mayor Suarez: We're not going to argue about how many times you met with him. Look, it's clear now where we want to proceed from here. Yes, Commissioner Alonso. Commissioner Alonso: OK. G Mayor Suarez: No entirely clear, but... Commissioner Alonso: I want to make it very concrete what they want and I have one question also. Used cars. Is it included that you will study that and make the changes appropriate so... df Mr. Rodriguez: You have two views on that - that that particular amendment, IS if you want to make it, you can make it tonight because it's advertised, it's part of the ordinance, it's already before you. , Commissioner Alonso: Do you want me to? a4 Mr. Rodriguez: It's up to you... a Mr. Olmedillo: Citywide. r, Mr. Rodriguez: ...because that will be Citywide. S( Commissioner Alonso: So, under C-1, conditional accessory uses, page 20, and ' I guess we'll have to change where it says, "...enclosure may be waived for a two year period." Change that, five, and then delete "...but not renewable",' that one. These two changes, I think, that will be sufficient for in order to cover what is needed in the C-1. gin' Mayor Suarez: OK, shall we take that in a separate motion, Joe? Mr. Maxwell: Yes, sir. ` Mayor Suarez: OK, do you want to make that is the farm of a motion, Commissioner? ` Mir. Maxwell: You have a motion pending. E Mayor Suorozi We have a pending motion that was never seconded. �a ,t k 5� Commissioner Alonso; But do we include all of this? I guess so, { .r f2Q5 A� I� p f� 220 July 2F4If y�{ F + 4 f 01 Comissioner pi pert In the study. Com issionat Alonsos Ott, study... M MaAsweil if ou wanted to come back in the aama study Commissioner Alonso: Thia, do you want the to make it in a different motion? Mr. Ma"6 11e Just include it as part of the first one. Mr. Rodrigues: If you want... what you were mentioning now, about the used car lot, you can take care of that today advertised properly. So it's a separate motion. Commissioner Alonso: OK, do you want me to move that we do these changes? Mayor Suareze OK, we'll take that as a separate motion when it's the appropriate moment. I'm not sure that we have to... we have to dispose of that first motion. OK, we had a motion that was not seconded.... Commissioner Alonso: OK, let me know, but then I want to clarify because if I'm only going to include this in a separate motion, I might as well make it very concrete what they need. OK, we would like for you, the Planning Department, to come back to us in sixty days with a proposal that will not harm the owners of single lots. We want that the recommendation have one, the footprint of 2,800 square feet, two, modify parking spaces, efficiency, one bedroom, two bedroom, one parking requirement. Three, four bedroom, two spaces. Three, to eliminate the increase in setbacks after 120 feet in height. Those things I think... Mayor Suarez: OK, within those general parameters... Commissioner Alonso: Do you need anything else? Commissioner Plummer: Well, Mr. Mayor, I've got a problem with... 'r Mayor Suarez: Well, I take it to be not only a problem, but a substitute motion to yours. Commissioner Plummer: Well, substitute to mine. Mine is basically withdrawn �s because it didn't get a•second. Mayor Suarez: OK, appreciate that because that simplifies it. OK. Commissioner Plummer: Yes, my problem with that is, I cannot vote for a two'' bedroom apartment with one parking space. I cannot do that. To me, you are } creating a problem on the streets. Now, one bedroom, an efficiency, one parking - I have no problem with that. But two bedrooms is got to be a least W" two people. If not, four. And it's got to be more than one car. b` Mayor Suarez: It could be elderly. It could be kids. F Commissioner Plummer: You are going to have a chaotic traffic problem when you do that that's just going to be - I just can't go along with that, I'm sorry. Commissioner Alonso: Well, the problem is, it will... Commissioner De Yurre: I tend to disagree because, you know, two bedroom; apartments, you know, in my case, when I was growing up, I lived in a two bedroom apartment. My parents had one bedroom, you know, I had a bedroom - we're all minors, my sister, you know, my grandmother. We're talking about_ people, there's only one car in the house, and the apartment. Commissioner Plummer: Well, nobody ever accused you of being normal. Commissioner Alonso: Besides, if we don't do it this way... ' Com<niss over De Yurre: Check with my mother. `. j � Y 4 K 221 JUAT 1 i - -lli"--.!.,� C� Co issioner Aionvot .., it *111 defeat the purpose of what we aft tetlltihll here tonight. The only way they Will be able to develop these lots, is if we slake this exception. This is the only way, otherwise they will not be able to '." build anything. h{ •: ' , VW Mr. Rodrigueta: Commissioner, the only concern... �. Commissioner Alonsot So, this is the only proper way to do it. Mr. Rodriguezi The only concern I have on what you mentioned was the 2,800 rk: foot footprint... - K Commissioner Plummer: On what size lot? Y Mr. Rodriguez: I don't know what size lot in that sense. I think that the k- :sense that you gave us was that you were concerned about the setbacks. Commissioner Alonso: 'Well, if you take care of the setbacks, that will be -. actually the same thing and so... _ Mr. Rodriguez: We will come up with a recommendation that you can act on it, .: OK? Commissioner Alonso: It's fine with me and I think it's fine with them as well.. - Mayor Suarez: The height issue is a little bit scarier than the setbacks. •- Commissioner Alonso: It's exactly the same thing. Mayor Suarez: Right. Commissioner Alonso: So, I have no problems. Mayor Suarez: OK, with those parameters, I take that to be a new motion and, of course, it's going to come back after study. We're hoping to be able to resolve it, finally the second meeting in September. It won't be, you know, so many months and so on, because it should be go through Planning Advisory Board by then, and it should be before us for final action. Could it be one reading? -two readings in one? Mr. Olmedillo: October. Two readings. Mr. Rodriguez: Two readings. Mayor Suarez: There's no way to do it two readings in one? V{ Y Mr. Maxwell: No, air. Mr. Olmedillo: Not in zoning. irc Mayor Suarez: We do it for other ordinances. {` Commissioner Plummer: Emergency. Mr. Olmedillo: Not in zoning. 4 Mr. Maxwell: This is the zoning ordinance. You cannot do it that way. Mayor Suarez: That's state law or is that our law? `r ,F Mr. Maxwell: That's state law, sir. Mr. Olmedillo: State. a Commissioner Alonso: These are state laws. Mayor Suarez: Yes, that's what you always tell me when you want me to do something. You tell me it's state law, or the U.S. Constitution or something., the Magna Carta. 1N Y ; 222 Jury � t 36, 1' R ..r 31� Mr, 16dri writ What you might wkht to do ifil you have your second Metti.ft oh the first meeting of October... Mayor Suaret: A11 right... t �A .: Mr. Rodriguet: Mra Mayor. WKg Mayor Suarett Yost "`# a Mr. Rodriguett If you want to have the second meeting in the first meeting of .r. {' October, you etn do that-. I mean, you can select you can try that. Mayor Suarez: We will try for that. We will try for that. And then, we - would have the second reading the first meeting in October instead of second r., meeting in October so it will be finally resolved then. Under the circumstances... (Applause) Mr. Stovers May I say one more thing? Mayor Suarez: We're going the get to commercial in a second. _ Mr. Stover: One more thing. Commissioner Plummer: You're giving them a Christmas present, it ought to be in December.- Mayor Suarez: We haven't even made a motion on yours. Let's vote on this one, please. Mr. Stover: OK, OK, hold it. OK, take the... that's the residential you were talking about. ;, Mayor Suarez: Any further discussion? Anyone wish to oppose that? Let the E,. record reflect no one stepped forward. Commissioner De Yurre: Now, this motion includes Citywide lots of this _ X. nature. Mr. Rodriguez: I don't think that was your motion. Commissioner De Yurre: Oh, yes.4 Mr. Rodriguez: I think the motion that you made... �r i.. Commissioner Alonso: No, I said this very specifically but I also inquired about the proposal that Commissioner De Yurre made about Citywide and, L perhaps, with study and look...: ' Mayor Suarez: Build into the study, what implications it would be if... , Ya Commissioner Alonso: A study of that case. Mr. Rodriguez: OK. r Commissioner De Yurre: OK. Commissioner Alonso: Great. 5 r Mayor Suarez: That's to make sure that Plummer doesn't say anything furthers �r Call the roll. -� 4 b x;c rY "1 r t`'_ 223 # '4'• � '!� i 'ix _fit 4Ykw, y't The following motion war introduced by Commissioner Aloftao, adoption: MOTION NO. 90-630 A MOTION INSTRUCTING THE PLANNING DEPARTMENT TO COME RACX IN 60 DAYS WITH A PROPOSAL THAT WILL NOT ADVERSELY AFFECT THE OWNERS OF SINGLE LOTS IN THE EDGEWAT$R AREA AND WHICH WILL PROVIDE THE FOLLOWING: (1) FOOTPRINTS OF 2,900 SQUARE FEET; (2) MODIFIED PARKING REQUIREMENTS: EFFICIENCIES AND 1-2 BEDROOM UNITS REQUIRE ONE PARKING SPACE; 3-4 BEDROOM UNITS REQUIRE TWO PARKING SPACES; (3) ELIMINATE THE INCREASE IN SETBACKS AFTER 120 FEET IN HEIGHT. who 06"d bf Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I concur with everything but the one part, but since it's lumped together, I have to vote no. I think that the one parking space for two bedrooms is out of question. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: OK, on the commercial, how can we phrase it then? We're going to give you flexibility. Obviously, you think you can fit his project, for example, within the zoning envelope as it now exists. I think that an: increased FAR might make sense. Do I reflect the opinion of the rest of the, Commission on that? -or should we not even suggest that? Mr. Stover: You've got a limit, let it overrule them. Commissioner Plummer: If it will fit, why worry about it? YF�a r r Mayor Suarez: I just think that we ought to give it little bit more incentive north of the Omni to build. Commissioner Alonso: And, if not, we instruct them to study this case and come back with the appropriate recommendations. Mr. Stover: Essentially, what we're recommending... 1„ Mayor Suarez: Wait, wait, wait, James, please... Mr. Stover: OK. Mayor Suarez: ...we're at the point now that we're trying to solve your problem and also be a little broader here. st Mr. Stover: OK, thank you. Mr. Rodriguez: You can have, in a motion, dealing with the commercial area facing...~ Mayor Suarez: Biscayne. Mr. Rodrtguezi ...Biscayne Boulevard, that we Beal with the Issue of door k€ area :ratio to see whether we should increase them or not. Aand, +slsr►, ohs height situation and requirements that we have. 224 Jury,' c�^ Ott �Xba� y. 4. k �i } Mayer guarest Ox. 2� Mr. Rodriguez: And thong when we bring it before you, you can decide on What a to do with it,kl Mayor suarea: All right. ; Commissioner Alonso: And the used carat WWR Mr. Rodrigues: No, that's a separate issue. Mayor Suarers No, we're going to make them a separate motion. We can dispose of that today. �r Commissioner Alonso: Separate, so we pass it tonight. OK. Mayor Suarez: OK, as to that ,one, I'll entertain a motion then on the. } commercial facing Biscayne. Commissioner Alonso: Yes, I move. Mayor Suarez: Moved. Mr. Stover: One other thing we should add to it. The liberal commercial goes west of 2nd Avenue and we recommended it stop in the middle of 2nd Avenue in 1988. And it goes down 20th Street, almost to the tracks. Mayor Suarez: Maybe it should go all the way to the middle of 2nd Avenue and they're going to be looking at that and making a recommendation. �;. Mr. Rodriguez: That will require an amendment to the Comprehensive Plan, WVr E' Mr. Stover: Well, C-2 should start and go west from 2nd Avenue. C-2 should, liberal commercial, because you've got warehouses, repair shops over there... to Mayor Suarez: They're going to look at that and make a recommendation, James. >s Mr. Stover: OK. As long as... 5 Mayor Suarez: We're really not at that point yet.rF Mr. Stover: As long as that's included. a Commissioner Alonso: That. will mean one of the two changes that we are ' allowed? h$ z` Mayor Suarez: And, b the way, this will be going... this will be oin y Y y. 6 B 8 B r, through Planning Advisory Board and you give input there too. Don't hesitate. All right? We have a motion. Do we have a second? 110. Commissioner De Yurre: Second. Mayor Suarez: Second. Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes? 1 Mr. Maxwells Did the maker of the motion accept that change from Mr. Stover? Commissioner Alonso: No, I instructed the Planning Department to do the stud�+gz of the situation, but I cannot allow that we use one of the two occasions that 42 - we have for... what is your recommendation to us? Do we do it? I don't think � so. Mr. Rodriguez: I my recollection on this is what, 7 that.�1 aa we ' met with the community on this, there was support for what we have, but if you , want to bring up that issue againt you know, it's up to you. r CQ,mRaiesiaaer Alonso: But, I want you to stuAy that first, +•-o- . J *+� _ y � } S f s� Mr. 01thodillo: Rut, that's a Cmeprehensiae planning issues. More thatt three acres, you will use up one of the opportunities that you have to atrad the plat► in a year. Mr. Rodrigues: it doesn't mean:.. Mr. 01medillo: But if that's what you want to... Mr. ttodriguezt we can study the area, doesn't mean that you have to act on it. Maybe if you are convinced with it, you act on it. Mr. Maxwell: Come back. Commissioner Alonso: OK, Mayor Suarez: And that it would be one of the amendments to the Comprehensive Plan. Commissioner Plummer: And then you can do it at such time as it is stipulated. Commissioner Alonso: Right, at such time as necessary. OK, fine. Mr. Stover: OK, OK. Mayor Suarez: OK. So moved and understood and so seconded, understood. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-631 A MOTION INSTRUCTING THE ADMINISTRATION TO STUDY THE ISSUEOF POSSIBLE INCREASE OF FLOOR AREA RATIO AND y HEIGHT LIMITATION REQUIREMENTS ON COMMERCIAL AREAS FACING,BISCAYNE BOULEVARD FROM N.E. 20TH STREET TO N.E. 36TH STREET.: Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: d_ 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. Mayor Suarez: Final item, Commissioner Alonso. Commissioner Alonso: Yes. I move that according to -the used cars, as i stated before, that we made the changes to read, two years, to be changed to five,.and then delete, "...but not to renew", right? Mr. Rodriguez: Not renew. I guess what you're referring to is article 4, under Cl, under Conditional Uses... Commissioner Alonso: Article +4. Yes, page 20. Mr Rodriguez: Page 20 of PZ-25. Commissioner Alonso: Yes. Commissioner Plummer: In effect, what does it do? Did you make a moticaa? f; Camtosioner Alonso: Yes, I did. r.:. Commissioner Plumper: I second it. 226 July�lap $a� .;h MOTION NO. 90-632 A MOTION INSTRUCTING THE ADMINISTRATION TO CHANGS PROVISIONS OF SALE OF USED AUTOMOBILES, ARTICLE 4, UNDER Cr-1, UNDER CONDITIONAL USES AS FOLLOWSt "ENCLOSURE MAY BE WAIVED FOR A FIVE YEAR PERIOD" INSTEAD OF "ENCLOSURE MAY BE WAIVED FOR A TWO YEAR PERIOD, BUT NOT REMEWABLE." Upon being seconded by Commissioner Plummer, the motion was adopted by the following vote: r tx t s S �r 55 C �S y not k" who tsoimd Xx AYES: Commissioner Victor De 'Yurre Commissioner J. L. Plummer, Jr. v Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez MOSS: None. s ABSENT: None. Mayor Suarez: OK, anything further on this item? Mr. Olmedillo: Just one thing. Two errors that were included in the copies that you have and I'd like to delete them for the record. Mayor Suarez: Put therm in the record. Mr. Olmedillo: Page 20, item 18, should be deleted and page 156, section =n 907.2 will be deleted. Mayor Suarez: OK. Mr. Olmedillo: They're conflicting with other parts of the.... Mayor Suarez: All right, with those modifications, I'll entertain a... Oh, X I'm sorry, Paul, go ahead. Mr. Barnes: Yes, my situation is... Mayor Suarez: And move the mike a little closer to you. i y property owner is on the south side of 20th and Mr. Barnes: ... s that m _ currently they're zoned CG-1/7. It's a warehouse, been there 40 years. They ` have tried to lease or sell to people to C-1 users. Nobody wants to lease it a r r- or buy in those users. We have contracted to sell the property to a European ship repair, which is a C-2 type, and we're about due to close. They fez contemplate spending $90,000 on the building and have some 12 employees,;ind during the four years we've tried to sell, nobody of a C-1 type user has had any interest in the property. There was... Mayor Suarez: It's a C-1 slash... 3 Mr. Barness User. That is, restaurants, banks, residential, and so on. The only people that are interested in the property are C-2 users, re air`sho s. p p Y p p; However, under this plan.., Commissioner Plummer: How far south of 20th Street are you? a Mr. Barnes: We're on 20th Street. On the south side of the street. Commissioner Plwmer: Between what and what? `$4 Mr. Barnes: Between Miami Avenue and Ssooad. 227 JOY 24 19�0 11 Commissioner Aionsot But, this is a change of use, right? Mr. Barnett Wait, at the present thee, it's a C-1 point seven. Commissioner plummert Yee. Commissioner Alonso: Is it? Comaissioner Plummert He wants C-2 instead of C-1. Mr. Rodriguez: He's referring to CO district that was there before the 't Comprehensive Plan. After the Comprehensive Plan, the zoning was a limited commercial, restricted commercial. What he's saying now is that he wants the zoning that was there before the Comprehensive Plan. in order to change that, we have to g go through a Comprehensive Plan amendment. Our recommendation is that the applicant, the owner applies for a zoning change. He would have to PP PP 8 B �— have either 200 feet of frontage or 40,000 square feet, or abut a C-2 district. Mr. Barnest It so happens that the entire area from 2nd to Miami Avenue, is currently used for C-2 uses, as opposed to C-1 uses. Commissioner Plummer: Let him put in an application. That's what he'd have to do. Mr. Barnes: We don't have that much frontage. Commissioner Alonso: You don't have what? Mr. Barness We don't have that - how much frontage? Commissioner Alonso: Two -fifty. Mr. Olmedillo: Two hundred feet of frontage. Mr. Barnes: Do we have two? Yes, we do. Mr. Olmedillo: So, they can apply for a zoning change. 1 Mr. Barnes: OK, OK. Thank you. t Mr. Stover: The problem with that, Mr. Mayor, Commissioners... "? a Mayor Suarezi Wait, wait, wait. Mr. Stover: ...you're going to spend a lot of money on zoning change on one parcel. Mayor Suarez: You've got to come up to the mike if you're going to say something, James. Mr. A. Rodriguez: I just want to thank you for your cooperation and your good work today, OK? Thank you very much. People, 'let's go. Mr. Stover: If you change this to C-2, he won't need to get a zoning change, Mayor Suarez: James, we can't take your testimony from five feet away. Tony,! is your's still PZ-25? s z Tony O'Donnell, Esq.: Yes, sir. Mr. Mayor, members of the Commission, for 4r the record, my name is Tony O'Donnell with law offices at $01 Brickell Avenue. I'm representing again today Veronica Nagamahaly and Nagamahaly properties. _ l was here at the first reading to raise what we felt to be very serious problems with the new district that's in the zoning ordinance called GI, the governmental institutional district. Basically, our request, wad what we felt was a consensus of the Commission at the first reading, was that all permitted uses in the government institutional district be converted into special x exceptions. That is, no use would be allowed, a new use,, a:change of an existing use, or as expansion of an existing use wool4 be alloyed without y coming back to public hearing. All of these uses were approved at public ev.a hearing. Many of these uses have restrictions imposed at publie,heariA$;. r K IS.. �X 224 July ��►� i�� F point, at the last meeting was, that with the 01 district, you could have, for instance, an elementary school converted into a hospital, a clinic, a museum, many various different uses in the midst of a residential neighborhood without any public hearing if this thing goes forward as presented. Nov, the planning Department responded to one of our problems and that was a specific property that we own. The Nagamahaly's however, own several properties throughout the City of Miami in various residential districts of the City of Miami, and they are confronted with problems throughout. The problem that the planning Department addressed was our concern with nursing homes and convalescent homes being allowed without public hearing, and also hospitals being allowed without public hearing next to the residential districts, without any public hearing or any controls on them. And they included that in the ordinance since then. But we believe, and I'd like, if I could, to hand out just a few zoning maps to show you what the problem really is with Mrs. Nagamahaly. I have got five maps, the blue is where the new GI district, which we don't have now, it's changing R-1 to GI, it's changing R-2 to GI, it's changing R-4 to GI, some CO to GI, but here are some areas in blue, which are the new GI districts, and then the red areas on -these maps are some properties owned by Mrs. Nagamahaly. _ I'd like to just pass these around and then we could put them in the record. The first point is, if you once you get a zoning district on the property that has all these permitted uses. You no longer have a cemetery use approved for that property. You have a cemetery on that property which can be converted without any public hearing, to pull a permit, can be converted in the corner, to a clinic, under the zoning district. A lot of uses have been mixed together. There's nothing wrong with designating these properties GI so that _ the public knows that a governmental or an institutional use of some sort is on that property when the read v p p y q your zoning map. Today, when you read your zoning map, you see R-1, G, or something you have no idea what's on the property. So, there's nothing wrong with making that zoning district change. What's the problem is, existing uses can be changed to entirely different uses without public hearing. Conditions on existing uses can be totally eliminated without public hearing. And you can have expansion to these uses, you can then impose new uses throughout these residential areas without any public hearing. And this simply is a very dangerous thing to do and it threatens particularly a property owner like Mrs. Nagamahaly. We have one example here, and if you look up on the map that's shown up there, that transparency, that's West Flagler, that's West Flagler Cemetery and that whole cemetery area and the school at the bottom right hand corner, that's all GI. Now that now is cemetery and educational use. But under this ordinance, that can be converted to any of the other uses you see here. In fact, any governmental function can be placed in that particular area. That's right adjacent to single family and duplex -residential areas. It's true in the Coconut Grove area, it's true throughout the City. Our request is very simple. Leave the uses that are set forth as permitted uses, leave those uses as listed in the ordinance, and just say, permitted uses, but only by special exception after public hearing. If you get that, the Zoning Board will be able to review any new use, any change in use and any expansion of use in these GI districts. We have had a particular experience on one of our properties which is map number 19 in which an old nursing home for elderly people had been adjacent to our residential property for many years. What that has been converted into now is a massive drug and alcohol rehabilitation center and a massive hospital, primarily for dying AIDS patients. There's nothing wrong with any of those uses. There is a concern, however, that whatever restrictions have been imposed on that use, would be eliminated under GI. In other words, instead of having the limit as to the size, it will now be governed by R-4 residential size, if you have a residential use. It can go up to an R-4 intensity, notwithstanding the fact that the residential intensity next to these uses could be R-3, R-2, and R-1. And that's simply not, we believe, good zoning. It is a proliferation of spot zoning in one legislative act. And so we fundamentally disagree with that. So, if you will change those uses to make them all special exceptions, we believe that that would go a long way to protecting property owners, both Mrs. Nagamahaly and others in the area. Commissioner Plummer: What's the recommendation of the department? Mr. O'Donnell: The second point is, there appears to be a permitted intensity of up to R-4 if it's residential and up to office if it's non residential. I believe that should be, if left in, should be the maximum, permitted intensity because at the special exception review, the Zoning Board should be able to say, look, you're next to R-1, you are no longer a little private school. You're being converted into some... maybe it's a nursing home, whatever it is, but you can expect to have an intensity of R-4 in the midst of a single family 229 July gb, 1990 �z r ' residential neighborhood. These are case by case issues, but if you look at your honing mapm, and I have some old zoning naps to show you the type of zoning that's being redone. These again, in blue, are the new GI. You most the underlined zoning on there. Excuse me, I'm passing around now the eirieting zoning maps of the area. You can see blue shown as the GI and you can gee the underlying zoning, you'll see that's all sorts of zoning in the City of Miami. So, the intensity that's in the provision can be amended today, and I think we did raise it the last time and I think it should be a maximum so that there's 5 flexibility for your department and your Zoning Board and ultimately, this Commission to place adequate control on these uses. Now the particular... Commissioner Plummer: what's the recommendation of the department? t , • Mr. Rodriguez: well, let me tell you what is the - we thought that since the major objection that Mr. O'Donnell was representing was for the hospitals and - with the nursing homes. Those two uses, if they were to be allowed under this category, that they could be done under special exception. We're trying to avoid unnecessary hearings, unnecessary having to come before you, and what - he's proposing is that all the uses that are listed over here, under this category, would have to go through hearings. So, we're trying to follow your guidance of trying to simplify and trying to eliminate possible hearings. I can see, by the ways, some of the points have been brought by Mr. O'Donnell, you know. In the sense that in some cases, it might be of interest to the adjacent property owners to know what type of use will be coming to area, especially if it is a nursing home or if it is a hospital. Some of the other uses what we have over here, they don't make any sense, but it's up to you. If you want to subject the whole classification of GI to hearings and having to have people apply and pay the fees and advertising and send notification to everybody, that might be your decision. Mr. O'Donnell: OK, let me... can I respond to that? Vice Mayor Dawkins: That's your recommendation? Mr. Rodriguez: Our recommendation is that maybe accommodate the two major objections that he has on nursing homes and, in the case of hospitals, that in those cases those uses would be made with a special exception. Vice Mayor Dawkins: Thank you. Go ahead. Commissioner Alonso: Right. Mr. O'Donnell: We raised a couple of others. Mr. Commissioner, one of the uses permitted, if you'll listen to me while I read this, "...Structures and uses other than those listed above required for performance of a governmental function." Now, how would you like that permitted use next door to you without a public hearing? Vice Mayor Dawkins: Does that change the administration's recommendation? Mr. Olmedillo: Mr. Vice Mayor, right now, in 9500, those uses can occur on a single family district. What we're doing is pulling those out of the single family district and putting them into the governmental and institutional. That doesn't change the position that we have. Vice Mayor Dawkins: Mr. O'Connell? Mr. O'Donnell: The uses of clinics of schools, of public utilities, governmental functions, convalescent homes, cemeteries, etcetera, hospitals, have traditionally been public hearing issues. In Dade County it's similar, governmental uses are so broad and so wide that each specific use should have a public input from the neighborhood before it is permitted. And to simply say that something now is a cemetery, for instance, Woodlawn Cemetery. Think of all the hearings that were necessary to control whatever uses are on that property. Vice Mayor Dawkins: The only.... Mr. O'Donnell: It's possible to have all sorts of other uses without a public hearing if this GI is passed. Commissioner Plummer: Oh, we had a lot of hearings. 230 July 264 1990 y4: ix{ Nice Mayer Dawkins: The only argument 1 have with that is that this Commission took a position to attempt to stop special use exceptions and in my 'r; opinion, to go for a hearing, we're defeating our purpose because then we are q;, allowing people to come for the special exception. That would just be gay opinion, O'Donnell. Mr. O'Donnell: it's just a protection of the neighborhoods, Mr. Commissioner, that is traditional in this area and that should be sustained. Most of the at uses that are now going to be approved were approved at public hearing and fr- have specific conditions on them. Those conditions become eliminated. You no longer have a hospital in order to protect the neighborhood, that has certain limitations on its size. It now can go to full office size. Commissioner Plummer: How does that help your client? Mr. O'Donnell: My particular client has, if you'll look on this map here, at the bottom of the map is her residential property in red. To the north of her property, and also to the west in red is her property. To the north is that nursing home which, if all limitations are off that nursing home, and also the client which is being operated there, then that can be expanded up to an R-4 intensity or an office intensity rather than being restricted to the old R-3 intensity. Other uses could be put in there that are not now there. In other words, anything becomes permitted. This is not a normal zoning district that's being proposed to you. Normal zoning districts have compatible uses, comparable uses, this is cemeteries, hospitals, it's whatever's an institutional use, or governmental use, you throw it into a hodge podge and no one knows what's going to go in next to their property. You're going to be confronted with permits being pulled for uses that have no business in these residential neighborhoods. They're going to come to you for relief, and you're going to say, gee, we really should have had a public hearing on that before this is approved. This is a... Commissioner Plummer: No worse... Vice Mayor Dawkins: One further... Commissioner Plummer: Worse than that is that they draw a permit. We don't know about it. The neighbors find out and come down here and scream at us. Mr. O'Donnell: And it's too late. Vice Mayor Dawkins: Anything one... Commissioner Plummer: I'm ready to make a motion. Vice Mayor Dawkins: All right, ah... Commissioner Plummer: I'll make a motion that in any of the GI districts of any change that it create a special exception hearing. Mr. Rodriguez: Any change from what we have. Commissioner Plummer: Any change that presently exists in the GI, that if there is any change on that, that it would prompt a hearing of a special exception. Mr. Olmedillo: Any change in use? Mr. Rodriguez: From the existing use. Any change in use. Mr. Olmedillo: Or any change in... Commissioner Plummer: Any change. Mr. Olmedillo: Anything. Commissioner Plummer: Any change. Mr. Rodriguez: Any change? 231 l i? 3 taii ' s f Aq 1s d6mmisei6ner Blumm6 ri took: you have the... the school board has the right to ° .. go into an ft-1 district and put in a school. The U.S, government Can go in <." and put a -post offide# they don't have to abide by rules and regulatlbfivi They don't have to abide by our toning. They buy a piece of property avid the y put it wherever the hail they want it. What I'm saying to You Let Afthfit changei, then, in fact, this Commission should have the right to aayl yes oil no. Mr. Olmedillo: Are you speaking to the use of the property? , Commissioner Plummer: I'm speaking to a change of the property, period. _ Mr. Olmedillo: Building, use, structure, whatever. Lucia Dougherty, Rsq.: Mr. Commissioner. Commissioner Plummer: Any of that. What happens if you have a clinic on this s property thats accepted use today and tomorrow you want to quadruple the use of that clinic. - Mr. Rodriguez: It is in property...' A_ 3— Commissioner Plummer: That is unfair to the neighborhood.' Mr. Rodriguez: In the same property, you say. ri Commissioner Plummer: Of course it is, the same GI district. Mr. Olmedillo: It's limited by the intensity. j ` Vice Mayor Dawkins: Any further questions from any member of the Commission? k_. Me. Dougherty: Mr. Commissioner, I have a comment, if I could. My name is Lucia Dougherty, attorney, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Pan American Hospital, Miami Jewish Home for Aged, and 1 Flagler Memorial Cemetery. We have no objection to an ordinance which says, if you change what you already have there and change it to a different use, then you get a special exception. What we complain about, and what we would have an objection to is if we want to put, change our nursing home to our hospital, or change a hospital to a clinic, we shouldn't have to come in and. ask for a special exception in that instance... �H — Commissioner Plummer: I disc... I disagree. Me. Dougherty: If we have a burial site, we want to add an additional burial site within the cemetery, then we shouldn't have to come in for a special # exception, it's already existing there. Commissioner Plummer: Lucia, that's not the point. OK? The point is, do you: remember, were you the City Attorney here when we had the problem at Flagler Memorial? And they wanted to put in a mausoleum. - Ms. Dougherty: Yes. Commissioner Plummer: I'm telling you, those people came out in droves. Ms. Dougherty: But I want to tell you, we weren't here... Commissioner Plummer: And mausoleums are a permitted use in a cemetery. `. .' Ms. Daugherty: No, no, wait... Mr. Olmediilo: No, conditional use. Y Mr. Rodriguez: Conditional in this case, second... .: Commissioner Plummer: Well... Ms. Dougherty: Now, under this one is conditional use, but, romo toils r the mausoleum is a permitted use. The reason they ware here to beesWa�t -- variance, the height variance. v � _" 232 July 26 t, 2994�� Y'. z ri Ciarrianer Bivai�:era lastly. �3 Me. D6ughertya But today's ordinance, in 11000, it's no longer a permitted use. It's a conditional use. A mausoleum is a canditiobtl us*, And shy tine you want to expand outside of the physical boundaries of the hospital ; district, you have to get a rezoning, which is three public hearings. C6whissi6ner plum bra Yea, but you have a different intensity►, in toy =j estimation of use, between a convalescent home and a hospital. The hospital is higher intensity use of that piece of property. If it was only going the one way, from a hospital back down to a convalescent home... Me. Daughertyi Well, I agree. Commissioner Plummmera ...to me, it's less intensity. Me. Doughertya But, if you have it on a hospital district, in the 01 district right now, such as we have here. Within that campus designation, why shouldn't we be able to change a hospital to nursing home? Within the zoning district. If we want to expand that and go outside of that, we have to get rezoning, and that you have three public hearings, it's not just a special exception. l Commissioner Plummer: But what happens if you want to increase the size of it? Ms. Dougherty: Well, then we have the protections of height, FAR, lot' coverage, landscaping, parking, all those other protections that you have in your district. Commissioner Plummer: But you see, when you went in originally for an application, it was based on a certain amount of square footage, density, and the Commission, who ever it was at that time, made their decision based on what you presented at that time. Ms. Dougherty: Well, which is still the case. 3: h} Commissioner Plummer: When you come back, OK? -if you want to increase the density, if you'd have done that on the initial, you might not have got the initial approved. Ms. Dougherty: What I'm saying, within your district, you have those regulations already. You tell us how high we can build it in your district. 5: Commissioner Alonso: Yes, you're limited'already. r" TSB Ms. Dougherty: You tell us how many - how much FAR, how much parking. That's. what controls how big a building we can build within that district. And we agree with you. If you're changing from a school to a hospital, you ought to have to get a special exception. If you change from a hospital to a nursing home, you have to get a special exception. But within our campus, and within y the cemetery, we shouldn't have to get a special exception when we want to open a new burial plot. L e; Mr. Rodriguez: Commissioner, I don't know if this will address what you were talking about, but what if, in your motion, you were to add that any change in; use, or any increase in intensity over 20 percent of what is existing aa of the effective day of the ordinance. R'= .h f Commissioner Plummer: I can accept that. s Ms. Dougherty: We'd agree with that. Commissioner Plummer: I can accept that. a�k SSJY; Commissioner Alonso: OK. I'm willing to move. t. Mo. 8va Nagamahely: Can I also say something? My name is Eva Nagamahal.y an F I represent our family business and Mr. O'Donnell here was saying a fins assay points. But I think I have to bring it back to something that Mae very basic and why do we even need a new designation called Oi? Why do pare good j government institutions set up where it's in residential areas,' It's not 1 s 233 JOY U4 1990 c J t rro x l 1 4 fib ' h it l #don't alto understand hoer in f sot if t• parka, it s not al ony a no look through the maps, hoer they decided that this will become a new di. And # do put a lot of faith into these fadetings and if we do have to go that step, — I'd better be allowed to speak, You know, we have property here and we+ e �.,':'= • trying to make it and it gets very, very hard when you're excluded and all df f3 these things are done without your knowledge. 'Thank your - Commissioner Plumraers Well, if you want ray answer to that, t think that you're probably better off with the GI designation... h Vice Mayer Dawkinss Has it been properly moved and seconded? Commissioner Alonsos Yen. ,< Yx Commissioner De Yurre: Yes.#- Vice Mayor Dawkins: All right. I'm going to take the liberty of closing off the discussion as the chairman. Call the roll. Unless somebody else from the u= _ public wishes to be heard. . Commissioner De Yurre: Alonso seconded. Alonso, call the roll.': Vice Mayor Dawkins: Call the roll. The following motion was introduced by Commissioner Plummer, who moved � its adoption: MOTION NO. 90-633 A MOTION INSTRUCTING THE ADMINISTRATION TO REQUIRE A SPACIAL EXCEPTION IN AREAS ZONED AS GOVERNMENT INSTITUTIONAL (GI) WHEN THERE IS A PROPOSED CHANGE OR INCREASE, IN INTENSITY OF MORE THAN 20 PERCENT OF THE PRESENT PRINCIPAL USE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. Vice Mayor Dawkins: Twenty-nine. Commissioner Plummers Twenty-nine? Mr. Maxwells No, Mr. Vice Mayor. That was on her motion. You still have the ordinance pending. Vice Mayor Dawkins: All right, read the ordinance. Commissioner Plummer: You mean the entire 1100? Mr. Maxwells No, this PZ-25. Vice Mayor Dawkins: All right, read it. Mr. Maxwell: Is there a motion to accept as modified? Commissioner De Yurre: OK, I move it. Vice Mayor Dawkins: Moved and seconded. Go ahead. C411 the roll,'Madaet► Clerk. 1 r� AN ORDINANCE - AN ORDINANCE WITH ATTACHMENTS, RELATING TO LAND USE, AMENDING ORDINANCE NO. 11000, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 1990), BY MAILING COMPREHENSIVE LANGUAGE CHANGES, AND NON -SUBSTANTIAL CHANGES TO ARTICLES THEREIN WHICH: CONTAIN AUTHORITY, AND INTENT AND PURPOSE; REGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, LOT AREA FOR DWELLING UNIT, PARKING'AND SIGNS; PROVIDE FOR OFFICIAL ZONING ATLAS AND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, ZONING DISTRICTS, PLANNED DEVELOPMENT OVERLAY DISTRICTS, SPECIAL DISTRICTS; PROVIDE GENERAL AND SUPPLEMENTARY REGULATIONS; PROVIDE FOR: NON- CONFORMITIES; FUNCTIONS AND RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS; SPECIAL PERMITS; APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF PLANNING; APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF PLANNING; APPEALS FOR VARIANCES; AND PROVIDE DEFINITIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of June 28, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10771. 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. ------------------------------------------------------------------------------ 76. MAKE FINDING THAT THERE IS NO NEED TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 TO INCLUDE THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR WYNWOOD SAFE NEIGHBORHOOD Ii.2ROVEMENT DISTRICT. ----- ------------------.__--------- ----------- --------------------------------- Vice Mayor Dawkins: Twenty-nine. Mr. Rodriguez: Commissioner, before you take 29, I think that you should take PZ-20, which is related to 29, and it's your first hearing on this item. Vice Mayor Dawkins: What is twenty? Mr. Rodriguez: PZ-20, Wynwood. Commissioner Alonso: Safe neighborhood. Vice Mayor Dawkins: PZ-20. Mr. Elbert Waters: PZ-20, Commissioner, the administration is requesting approval of the Wynwood Safe Neighborhood Improvement District Boards adopt the safe neighborhood improvement plan and finding that there is no need to amend the Miami Comprehensive Neighborhood Plan, 1909-2000, for inclusion in 235 juty 20, 1990 1"RIF PENN_ the date neighborhood improvement plan district per Section 163, P1.+6rida Statutes. Mice Mayor Dawkins: What to etaff'a recommendation? Mr. Waterst Staff recommends approval of pg-20 and 20, items which _ you must hear... Comniesionar Plummer: What in twenty in ef... Vice Mayor Dawkins: Twenty and 297 Mr. Waters: Yee, air. 3 they're dw*Atnion tt z aAr Commissioner Plummer: They're companion. What, in effect, does this do? s.. r Mr. Waters: In effect, what transpires with this is you... assuming you are adopting the board, which you are the SNID Board, you're adopting your recommendation or your approval as of July the 12th, in -finding that the plan that there is no need for an amendment to the Comprehensive Master Plan. Commissioner Plummer: Do we have to adjourn and read... Commissioner Alonso: No, no, you don't. Mr. Waters: Not at this point, sir. Commissioner Plummer: OK, I'll move it. Commissioner De Yurre: Second. Vice Mayor Dawkins: Moved and second on 20. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-634 A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THERE IS NO NEED TO AMEND THE MIAMI COMPREHENSIVE f` NEIGHBORHOOD PLAN 1989-2000, AS AMENDED, FOR THE INCLUSION OF THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT, rye: PER SECTION 163.516 (8), FLORIDA STATUTES. . (Here follows body of resolution, omitted here and on k ; file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. 7, z � ABSENT: None. NET �Y S 3k� �i rk yn yo fl d 4s} a� 4 yy �I r X t "2 .. ihL"ra's.`wiiriibii:i.�i.a.�i'.ir_._.-..v ,. ,.<a�i3ii'srY3a �Yl:ii►�isifY.ic�wOisY3►.tr..waWi�JGi�f.ibr.ili`3^i1F.+ouiu r.wwL.il.aii.i.sn:i�3L^Siiia43YtaiaY.�.Wiii.i'}WStiiiifidJwJiiiii t.{ J 17. MAKE PINDINd THAT THERE IS NO N99D TO AMEND MIAMI COMPR20NDIVI NEIGHBORHOOD PLAN 1060,2000 TO INCLUDE THE WMOOD SAID N2100ft0ft "— PLAN rOR WYNWOOD SAFE N910HBORHOOD IMPROVBM 14T DISTRICT. — • '. �X.��.ia.r.. ...' �.�.��r..c�-...:.�:ic�Gs...r..i a.,.a..r—w.�i.Ada.�l�—.r..iiu�.errLa-r�r.'r.t+r:iilY.La:.illiNw�:.i.tY.ir:f.iii:. ` Vice Mayor Dawkins twenty-nine is next. t� Mr. Mayor, we're also taking 29 along with 20. So Mayor Suarez: Beautiful. Commissioner Plummer: Now, what is 29? What is twenty... Mr. Sergio Rodriguez: Excuse me, both of these are public hearings. r ,Y Commissioner Plummer: What does 29 do? Vice Mayor Dawkins: OK, anyone from the public wishes to be heard on this? Let the record reflect that no one stepped forward. }, :T A — Commissioner De Yurre: On twenty._ Vice Mayor Dawkins: On twenty.- ,A - Mr. Waters: Twenty-nine, sir. The state requires two public hearings with ti this particular item so you're hearing... - Mr. Rodriguez: The same item. Mr. Waters: The same item. Commissioner De Yurre: Move it. Mayor Suarez: Item 29 has been moved. <r Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. z' The following resolution was introduced by Commissioner De Yurre,who moved its adoption: RESOLUTION NO. 90-635 5� S A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT ;` THERE IS NO NEED TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, AS AMENDED, FOR THEx INCLUSION OF THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT, PER SECTION 163.516 (8), FLORIDA STATUTES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Ems. Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. r ABSENT: None. r ` r�"i 237 July 20� *tlei - -----m j ` Is RATIFY MANAGER'S MCUTtON OY MODIFICATION NO. 2 Or FLORIDA DEpA IMM OF COMMITY AFFAIRS CONTRACT WITH TIM CITY PROVIDE 1POR AN NXTNNSIbN y OF TERMINATION DATB. .. w.li,.Iwir—wi—wrY-rra►.r ww.r.rirrswww�li�rilrr.►iiii. , '-. W W3' 2 . < iUrra.WY.wwwwr.+`uYi'.Y4$iiliLiriiYG+'.iirr(iwi+.ff.Yir.ifribYYr.w.r—rwu.' ��t� Mayor Suarezt There are a lot of people here on which item? z _ Vice Mayor Dawkins: Thirty. I think ore still got to do 30 now. Twenty-nine, . thirty... Mayor Suarez: Is the companion item thirty? , Vice Mayor Daorkins t Yes. Commissioner De Yurre: Thirty-one and 32, 33. Vice Mayor Dawkins: Thirty and 31. Commissioner Alonso: Same. Commissioner Plummert No, 30 is not a companion to 29. Mr. Elbert Waters: Thirty is... Mr. Jorge Fernandez: Write it here and also write it... Commissioner Alonso: It's to twenty. Mr. Waters: Thirty, Commissioners, is basically to ratify the City Manager's action with respects to executing a modification to our existing contract with the Florida Department of Community Affairs. Commissioner Plummer: What is the... Mayor Suarez: OK, I'll entertain a motion on that. Commissioner Plummer: What is the modification? Mr. Waters: The modification, the original contract ended June 30th, 1990. The modification is to extend that contract period to November... Mr. Rodriguez: First. Mr. Waters: November 1st, 1990. Y, Commissioner De Yurre: Moved. Mayor Suarez: Moved and.... Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. U The following resolution was introduced by Commissioner De Yurre, who J t moved its adoption: y =t RESOLUTION NO. 90-636 C sue[' A RESOLUTION WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN EXECUTING MODIFICATION NO. 2 OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) CONTRACT NO. 89-SN-17-11=23-� " A 02-010, BETWEEN THE CITY OF MIAMI AND DCA, PROVIDING FOR AN EXTENSION OF SAID CONTRACT'S TERMINATION DATE FROM JIM 30, 1990 TO NOVEMBER 1, 1990. (Here follows body of resolution, omitted here and . oti t= file in the Office of the City Clerk.) f.�w 238 Juty 6.4 1 .y Jy F i4 i 4 0 Upon being seconded by Comissionner Plurm or, the resolution was paaeed and adopted by the following vote: AYBSt Commissioner Victor be Yurre r Commissioner J. L. Plum mer$ Jr. Cotmniasionor Miriam Alonso Viet Mayor Miller J. Dawkins t Mayor Xavier L. Suare% NOBS: None. ABSENT: None. 79. RATIFY MAYOR'S EXECUTION (AS CHAIRMAN OF WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT [WYNWOOD SNID]) OF MODIFICATION NO. 2 OF TIM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) CONTRACT BETWEEN WYNWOOD T SNID AND DCA - PROVIDE FOR AN EXTENSION OF TERMINATION DATE. Vice Mayor Dawkins: I move that we go into the... °- Mayor Suarez: Convene as the Wynwood SNID? Linda Kearson, Esq.: That's correct. Mr. Elbert Waters: Yes. THEREUPON, THE CITY COMMISSION, PURSUANT TO AUTHORITY UNDER ORDINANCE 10406, IMPANELED ITSELF AS THE BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, TO CONSIDER THE FOLLOWING ISSUE: Mayor Suarez: OK, we're convened as the Wynwood Safe Neighborhood's District T and otherwise adjourned as Miami City Commission on planning .and zoning agenda. What is before us? r Mr. Waters: Mayor, this item is to ratify and confirm the Mayor's action as chairman of the board of the Wynwood Safe Neighborhood Improvement District._*< (SNID) with regards to executing modification number two of the planning`" .z. grant. Mayor Suarez: OK, I'll entertain a motion on that particular item. Commissioner De Yurre: Move. L Mayor Suarez: Moved. . ws Commissioner Plummer: Modifying a planning grant. Mr. Rodriguez: It's the same thing, but allowing the Mayor to sign. Mr. Waters: Same thing, the two contracts. Mr. Rodriguez: He signs as the chairman of SNID, the extension of the L contract. Commissioner Alonso: Oh, OK. Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roil. 4, i 239 July- 249 1990 ' iZ ta,„rg r •� ,a following resolution was introduced by Commissioner Do Ytirrof who e adoption: RESOLUTION NO. 00-637 A RESOLUTION WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE MAYOROS'ACTIONo AS CHAIRMAN OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOOD SNID) BOARD Or DIRECTORS, IN EXECUTING MODIFICATION NO. 2 OF THE FLORIDA DEPARTMENT Or COMMUNITY AFFAIRS (DCA) CONTRACT NO. 89-SN-17-11-23- 20-011, BETWEEN THE WYNWOOD SNID AND DCAj PROVIDING FOR AN EXTENSION OF SAID CONTRACT'S PREMONITION DATE FROM JUNE 30, 1990 TO NOVEMBER 1, 1990. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) on 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. 80. DISCUSS AND WITHDRAW FROM FURTHER CONSIDERATION PROPOSED PROFESSIONAL SERVICES AGREEMENT BETWEEN WYNWOOD SNID AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC) FOR IMPLEMENTATION OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT PLAN. - -------- ---------- Mayor Suarez: Thirty-two... Mr. Waters: Mr. Mayor, we're pulling, the administration is pulling item 32, PZ-32. Vice Mayor Dawkins: Withdrawing 32? Mr. Waters: It's withdrawn. Mr. Rodriguez: We're withdrawing it until we get... because we don't have the proper documents that have been approved by the Law Department yet. Commissioner Do Yurrez How about 33? Mayor Suarez: And 33? Ms. Kearson: That's not why it's being withdrawn. Vice Mayor Dawkins: Well, why is it being withdrawn? Tell us, don't tell them. Ms. Kearson: We need to get guidelines from the State of Florida an to the terms of a contract. That's why it's being withdrawn. Mayor Suarez: That won't delay the project or anything in anyway, hopefully? Ms. Kearson; No, it will not. The State of Florida has not aside $100,000 for the Wynwood area, but we don't know what the money in to be used for. Mayor Suarez: PZ... Mr. bill Rios: Commissioner, a minute Mayor... 240 July 24 149 t•4 ?� 1y k Mayor Suares: Yea, silly Mr. Rios: 1 Would like to, at this time, take the opportunity to introduce the legislator from Tallahassee. Mayor Suaret: Putthe name on the record, '}Tease, your name on the record'& r, And, Sill, we know who you are, but... Mr. Rion: My name is Rill Rios. I'm the executive director of the Wynwobd Community Economic bevelopmeht Corporation, 225 N.E. 34th Street, Miami, Mz: Mayor, with your permission, I would like to introduce Senator .Tack Gordon's legislative aide. Bernardo, please, He can give you... Mayor Suarez: OK, let me just clarify something. Are we still on the convened as Wynwood... Commissioner Plummer: Yes. Mayor Suarez: ...Safe Neighborhoods District Board? Vice Mayor Dawkins: Now, what's the purpose of this gentleman... Mr. Rodriguez: No. On 32, you are convening as the City Commission. Commissioner Plummer: No, we're on 33. Mr. Waters: No, we're on 30. Mr. Rodriguez: I thought you was asking on 32. Commissioner Plummer: Thirty-two has been withdrawn. Mr. Rios: No, no, on the one on the... Vice Mayor Dawkins: No, they withdrew 32. g rT Mr. Rios: Well, on 32, I Just wanted to make a statement on 32 with regard to the legislator that made the appropriation on our behalf. E r;k Mayor Suarez: OK, on 32, we are - we have withdrawn it, but we'll take a statement and we're still, in that connection, we're still the Wynwood SNID. Mr. Rios: Yes. r " Ms. Kearson: Yes, that's correct. << Mr. Waters: Yes. Mayor Suarez: SKID is the acronym, OK. kt x 4 { 1- Mr. Rios: Right. :.; Mr. Bernard Escobar: Commissioners, my name is Bernard Escobar, I'm Senator Gordon's aide. Unfortunately, he's traveling today and he asked me that I be �4} here in his place on the purpose of the $100,000 that Senator Gordon .and Elaine Bloom worked... 1� Vice Mayor Dawkins: And Carrie Meek and the rest of them. t� They didn't do it ' : by themselves. Mr. Escobar: Well... Vice Mayor Dawkins: All right, the rlorida delegation. Mr. Escobar: Yes, but... �• Vice Mayor Dawkins: OK, thank you. �f Mr. Escobar: It was initiated through... Bill cause to our oftfices,0 w►ea s brought to our office over three years ago by Yreddie Santiago and ftilio 1 i tr Lopes and introduced to us An the new executive director of the COO for Q = - . f�r 241 Jui),r 2 } Wynwood, and bill had an idea of how to revitalize this area in Overtown and Wynwood and be able to promote international trade and create jobs for residents in this area and that was creating a trade zone. We sat down with bill, we told him what he had to do and how to plan out the project and we told him he wasn't ready that year to come before the legislature and ask for any grants. That he had to sit dawn, plan his project out, come back to us. He worked closely with us, broke it down into phases. The initial phase, which was with this pear, was the application money, which it was supposed to be the planning money also, but this year was a tight legislative budget year in Tallahassee, so asked him to narrow it down to planning money, which was all we were able to - I mean, application money for the federal free trade s zone application, which was all that we were able to acquire for him this year. And that's all I wanted to do was clarify what the purpose was and to clarify that this was a grass roots effort through Overtown and the Wynwood community and leaders in that community that approached us several years ago. It wasn't anything that came up out of the air. They've been working on this for over three years. As long as I've been with the Senator, they've been working on this and... Mayor Suarez: How does this affect our determination on 32? -to withdraw 32? Mr. Waters: With that regard, Mr. Mayor, we have not received any, I guess, definition from Florida Department of Community Affairs in terms of how the money can be used. We are waiting from DCA that information, and that has not arrived. So, therefore, the administration is requesting that item 32 be withdrawn from this agenda. Mayor Suarez: Could have grabbed that helpful fellow that was here earlier today from DCA. Maybe we would have gotten some information out of him. Mr. Waters: No, different... Mr. Rodriguez: They don't really know exactly at this point, truth, because we have been in contact with them everyday whether we could get this approved today. to tell you the trying to see Mr. Escobar: If anybody could have called my office, I could have had someone be here representing the department. Mr. Rodriguez: We have been calling ourself directly, and we have been in contact with them continuously, and they don't know yet, at this point. Vice Mayor Dawkins: You know, I'd be remiss if I were to sit here and not tell everybody that this was a Dade delegations effort. Everybody from Dade County worked on this to get it done. You name him, Gutman - I mean, they were there. It just so happened that Senator Gordon being the dean was able r :L to go places nobody else could go, and Senator Gordon took it and ran with it, but I would like for all of you to know, every member of the Dade delegation was in favor of this and walked the halls to get it done and Bill Rios didn't go up there by himself, Miller Dawkins was up there with Bill Rios walking the halls also. Mr. Rios: I concur with what you just said. Vice Mayor Dawkins: Thank you. Mayor Suarez: OK, anything further on... that's just simply withdrawn then, F and please let's make sure that it does not delay anything. It doesn't sound like we should have been at this juncture. It sounds like we should have figured out a better way to get communications from DCA. I would have been happy to speak to the secretary himself or whatever. Vice Mayor Dawkins: The guy you need to talk to is the Governor. If anybody vetoes it, it will be the Governor. Mayor Suarez: Yes. No, but I mean, as to the use of these monies. Now... Commissioner Plummer: That date has passed. Mayor Suarez: Now in the hands of the DCA. 242 July 20, # 9t rR" Vies Mayat Daakina: I still say, the man who holding out money up is a►V#rtrdr of the State of Florida. He's vetoing everything for made County so hOW he'll... you see; i don't know why we don't may things like they're suppagod to be said. Commissioner Plummer: But that date has passed. Mayor Suarez: yes, as to this hundred thousand dollars. Vice Mayor Dawkins: It passed, but the money isn't here. Mayor Suares: As to this hundred thousand dollars, you know, it would have been helpful to have better indication from DCA. Vice Mayor Dawkins: That's right. Mayor Suarez: All right... Vice Mayor Dawkins: Go from 33. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR PLANNING AND ZONING AGENDA ITEMS. IN 81. DIRECT CITY MANAGER TO DEED CITY -OWNED LAND IN WYNWOOD SNID TO WCEDC FOR DEVELOPMENT OF A FOREIGN TRADE ZONE. Mayor Suarez: All right... Vice Mayor Dawkins: ...thirty-three. '3 v? Mayor Suarez ...we are adjourned as Wynwood SKID and we're on PZ-33. Mr. Elbert Waters: Yes. t" Mayor Suarez: This is not a classic planning and zoning item, is it? ? s Mr. Waters: No, but these items are related. Xl Mayor Suarez: I mean, the requiring swearing in's and all of that kind of fz stuff. Mr. Sergio Rodriguez: No, it is not. Mr. Waters: No, but... Mayor Suarez: And we're convened as the City Commission for PZ-33. f,tt Mr. Jorge Fernandez: Yes. Mr. Waters: Yes, PZ-33, this is a discussion item, Mr. Mayor and Commissioners, pertaining to the donation of the City owned property in the �J Wynwood SNID or Wynwood Safe Neighborhood Improvement District, to the WyaMood_ Comunity Economic Development Corporation. The City Attorney has draftod,, per your directive, a special warranty deed which basically conveys approximately 12.6 acres of City owned property located within the safe neighborhood district to the Wynwood Development Corporation for the development of a proposed foreign trade zone, subject to your concerns and your stipulations regarding the donation of the land. however, those stipulations, our staff, our City administration has worked with the development corporation in trying to finalize that particWlar 411roefat. Tow administration and the City Attorney is hereby requesting that we aro 4004ih� 243 ,s�iy►,� t i Y Sn'4 K t further direction. The !reason we're asking for this further direction is because the special warranty deed, as drafted by the City Attorney's Office, has within it, a reverter clause and that reverter clause has caused certuih issues to be presented by the Wynwood Economic Development Corporation, they are not in agreement with that reverter clause with those stipulations that are articulated within that agreement and, therefore, the City administration and City Attorney is before you today to request further direction. Mayor Suarez: OK. Commissioner Plummer: Well, let me ask the question from what I'm reading, and I'll just read it aloud. "however, the Wynwood Community Economic Development Corporation does not agree with these stipulations, specifically the reverter clause and, therefore, the deed has not been executed." .a Mr. Waters: Correct. =x Mayor Suarez: OK, from the Wynwood Economic Development, what is your position at this point? Mr. Bill Rios: The original document, and requested from the Commissioners was that if the project wasn't put together in five years, Commissioner De _ Yurre asked and Commissioner Plummer asked that the land be returned back to the City. With regard to a reverter, that was the only request made at that - time and Commissioner Plummer specifically requested that all the buildings and improvements also be returned to the City and the attorney at the time, George Fernandez - Jorge Fernandez - agreed that... { Commissioner Plummer: Well, what's the problem? Mr. Rios: Well, they bring out the reverter... Commissioner De Yurre: Well, let me a question here for a second. If we donate this land, does it become taxable? Mr. Odio: If it's for... Linda Kearson, Esq.: Yes, yes it does. Commissioner De Yurre: So they have to pay the taxes. Ms. Kearson: They would have to pay all taxes, that's correct. The Wynwood CDC would. Commissioner De Yurre: Do we have any idea what that would be? ar}n Ms. Kearson: No, air, I don't. Mr. Odio: It depends on the assessed value. I believe if it's $4,100,000... Mr. Rioss No, no, no, the assessed value... Ms. Kearson: I don't know what he says... Mr. Odio: I'm not... Commissioner De Yurre: What's the assessed value? r Mr. Odio: I don't know. It depends on the assessment. f r, Mr. Rios: It's about three or four hundred thousand dollars. Commissioner De Yurre: In taxes? Commissioner Plummer: Where are you going to get the money from? K Mr. Rios: Of assessed value. Sir? Commissioner Plummer: Whom are you going to get the money to pay the taxes? Mr. Rion: Well, I think our attorney can answer the question. As Tong as tho property is used for the purposes for which the corporation wan +est,abiia#sed, _ t 244 Duly 26# 1990 r Yy w it would not have to be neeessarily in flow. �L. Commissioner De Yurret Well, if it just site there and thereto nothing being done with it, it doesn't serve any purpose. Mr. Rios: 'What's that, sir? Commissioner De turret If it sits there. Commissioner Mr. Riost Oh, no, if it site there, it serves nobody any purpose, that's �thy I'm asking for the laud so that we can do something for it. I mean, right 5411 now, it's a burden to the City. Commissioner De Yurre: Meanwhile, you're going to have to pay taxes on it. , Mr. Riost That is correct. During the time that it's not in use. I mean, r h we're willing to pay those taxes and what we would do is probably lease the 4 property during the time that we would have to pay taxes... ;}+n Commissioner De Yurret It's about $12,000 on a $400,000 assessment. Mr. Rios: The reason why the Manager said it was $4,000,000 is because there was a great deal of relocation costs involved, because it would use HUD money. There was some demolition done... Mr. Odio: Well, didn't you tell me that you were going to use the land as matching funds? Mr. Rios: Yes. Mr. Odio: And that then you were going to inform the state that the land was �,.:. worth 4.1 million dollars? ' Mr. Rios: that is correct, the land... Mr. Odio: And when you say that on the record... t Mr. Rios: Yes. Mr. Odio: ...the assessor picks it up and that's the value of the land, sir. t, f, Mr. Rios: Oh, I didn't know that. I'm unfamiliar with that specific citing. Mr. Odios He wants the title of the land so that they can use the land asa. matching funds to obtain funds from the state. If he informs the state in ,N$ writing, that the land is valued at 4.1 million dollars, the County is waiting y+ .'. over there to get that record and tax them based on what they... g': kYrNe `. Commissioner De Yurre: It's about $120,000 worth of taxes a year. �46' Mr. Odio: Sure. Sure.'. Mr. Rios: Yes, that's correct. tr '. Commissioner Plummer: Now, wait a minute. I got one other problem based on i what you just said. Mayor Suarez: But even if that doesn't happen, if . I may just interrupt, the fact that we paid a certain amount of money for it, I believe something around $3 , 000, 000... ' Mr. Odio: We paid $4,000,000 for the land.'{ Mayor Suarez: Four million dollars. Whether they allege that to be the case or not, is what the County will try to grab on to. .; Mr. Odiot That's what I'm saying. Mayor Suarez: What the real value in, we don't want to get into... a Mr. Rios: Right, 245 July, Mayor Suaret: sorry. • .:.because it would be quite embarrassing. CotrMLONioner, I' Commissioner Plummer: The question, gill, you just made a comment that you plan on leasing the property? Mr. Rion Yes, when you build a foreign trade zone, all you do in build warehouses and you lease those warehouses to merchants who, in fact, take advantage of the customs duty on goods that they bring into the zone. Commissioner Plummer: But I'm talking about between the time, if we do deed the property over, and the time that the free trade zone is in existence, you're not planning on leasing the property then? Mr. Rios: No, we'll hold the property until we get something developed. And we - I can't really answer that. I mean, if we get a client in that wants to take over the entire property for zone purposes, we would give him over the entire property for zone services, but we wouldn't necessarily use zone purposes until we get a grant from Washington to operate it as a zone. Mr. Waters: Mr. Mayor, if I may, let me try to clarify, if I may. The land that is being proposed to be deeded to the development corporation is an integral part of the foreign trade zone. That trade zone is a part of the Wynwood Safe Neighborhood Improvement District, of which you are the board of directors. Any leveraging to obtain monies for the development of the foreign trade zone, those funds will come through the district because the district is the board of directors yourselves, and you are the individuals who are responsible for the implementation of the safe neighborhood plan. In order to allow Wynwcod to implement as being proposed, item 32, we talked about the professional services agreement, we believe that there will be a need to enter into a professional services agreement to implement that plan. So, I wanted to try to place that on the record for clarification. Commissioner Plummer: Let me ask another question. Mr. Rios: Yes, Commissioner. Commissioner Plummer: Is there any provision in this deed that they, at no time, they, other than this Commission, can sell that facility? Mr. Rios: No, there's no provision. Ms. Kearson: No, sir. Commissioner Plummer: What about transfer? Ms. Kearson: No, sir. Commissioner Plummer: They cannot. Me. Kearson: It's not in the deed. I'll tell you what it is in the deed, we are... the property would revert back to the City of Miami in the event the grantee does not get the foreign trade zone designation. That's number one. Commissioner Plummer: Yes. Ms. Kearson: Secondly, if the grantee fails to maintain it as a foreign trade 34 zone, once it has been designated, it then reverts back to the City of Miami as well. Mayor Suarez: Which would preclude a sale because... : � E Ms. Kearson: That's correct. OK, thirdly..., Commissioner Plummer: Wait a minute, why would that preclude a sale? Mayor Suarez: It has to be the grantee and having a free trade zone there. How could they sell it? Commissioner Plummer: Well, I think the one out on 25th Street is about read to be sold. 244 ,iuly 26 a 1990 j� S a � „ y 11 INtbMYrIft SPNAnAl Tee. Commissioner Alonsos Wall, they own the property as well, operators at the sate time. Commissioner Plummers Well, but when we give the deed... Mayor Suaress The grant of the free trade soto will be... Commissioner Plummers Excuse me... they ere oifters and Me. Kearsons That's what they're asking for. Commissioner Plummers That's what they're asking for here is a deed property. They would own and operate the property. Mr. Rios% Correct. Commissioner Plummers Now, I'm saying... Commissioner Alonso-. But the deed, according to what the way understood all along, will have some limitations, right? Commissioner Plummer: No, that's -ghat I'm asking for. Mr. Rios: Well, the limitation, as originally and what we're requesting with - regard to the clarification, Commissioner Plummer - Commissioner Alonso - you said to me, Bill, if the project fails, we want the property back. I said, yes. That was the extent of our agreement, Commissioner De Yurre and Commissioner Plummer... - Mayor Suarez: Well, there was an issue raised by Commissioner Plummer also which I'm sure we don't have any disagreement on, it's just a matter of making sure we have the right instrument that says simply, you can't just sell it on a, you know... Mr. Rios: If you want to put that in there, that's fine. I don't have any objection with... Commissioner Plummer: Well, I would definitely want that in there that this, property cannot be sold.' G Mayor Suarez: I can't imagine any way in which it could be with all the �= restrictions of free trade zones. k Commissioner De Yurre: Without - at least without the prior approval of the Commission. Mr. Rios: That's fine.' e- Commissioner Alonso: The restrictions... �. ,F Mayor Suarez: Right, but anyhow, to be absolutely sure, yes, that should be s: clarified. Anything else that concerns you? Commissioner Plummer: OK, the only other concern that I have and I want to try to get straight on. They have a board, OK? We sit as a board. What` power do we have or don't we have as comparison to their board? Mr. Rios: Do you want me to answer it or do you want staff? r Mr. Waters: No. Ms. Keorson: No, let us answer that. Commissioner Plummer: OK. Ms. Kearson: As the hoard of directors of the Wyawood SNID, if funds are received from the State of Florida, through the Department of Cowu4Lty Affairs, for the Wyawood SNID plan, the City of Miami, as the board, has the control of those funds. .' ' w r nb `4 247 Jul ' 4 tzx� } k4 q 1 Commissioner Pliftmers Oki _ its. kear,son: All right? It, however, Wynwood CDC receives funding from &aft other source independent of the City of Miami, then we have no direct control over those funds, or the development of the project. Commissioner Plummer: What happens to any profits that are made Mr. bdlos They would keep. Commissioner Plummer: And what do they do with them? Mr. Rios: There's no profits for a nonprofit organization in most zones and we have an expert on zones who could give you a better insight into that. I'd _ like to introduce, into the record, Mr. Ron Spencer, from Houston. Commissioner Plummer: But, do you agree with that? -that they're a nonprofit_ 4 and then what would happen to any profits that would be made by the free trade zone? - Mr. Waters: Well, traditionally, if profits were to be obtained from the foreign trade zone, I would assume as Wynwood is a nonprofit corporation, — those dollars would be used to further their economic development activities within the entire Wynwood CD target area because they are also under contract through our Community Development Department for that. Commissioner Plummer: Do we have control over that? Mr. Waters: Yes. Well, yes, we do. Commissioner Alonso: No... Ms. Kearson: No... Mr. Odio: No, you don't. Commissioner Plummer: Well, now, let's find out. Mr. Odio: No, you don't. Ms. Kearson: No. What we have put into the warranty deed is the approval of the City Commission for any expenditures for the next five years. We're requiring them to seek our approval for the development of all the 7' improvements and for all its expenditures. Mr. Ron Spencer: And to provide reports.R4' Commissioner De Yurre: Why just five years? Commissioner Plummer: Well, five years was basically if they don't get it -` together, the property reverts back to us. Ms. Kearson: Because that's what you suggested back in October of 1989. Mr. Spencer: The deed also provides, if I can interject, that you will receive reports of all the expenditures that take place with respect to the foreign trade zone and that property, including, as Commissioner Plummer s' specifically requested, control over any construction that takes place there, Vice Mayor Dawkins: If this project is successful, in the event that there is y a free zone developed, there's nobody within the City of Miami's' administration who would know hour to run a free trade zone. There's nobody t� within the Wynwood development who would know how to rum a free trade zone. Therefore, I'm sure, I know, the Wynwood development, as they develop the free a none, would go out and get expertise who would know how to run a free trades zone, and that's where the, quote, unquote, profits would have to go to psy's the experts to run the building, to run the business. Commissioner Plummer: In this five year period, can they obligate this land so that we cannot get it back? '�` 7hA • _ _ t;.4 240 Judy, ..�. A 1 , - �t� k* M8. +�araoh: Md air, we've also indicated in the deed that before the property cat► be mortgaged, the City has to approve that. £• . Croftiasioner 1'lusranert go, it has to cote back here. Ma. kearson: It has to come back to the City of Miami. 74- �.. . Vide Mayor Dawkins that is the length of the lease on the property, madam City Attorney? Ma, Kearson! It is not a lease. If we give them a deed, we're gibing them the property in perpetuity. Commissioner plummers No, you're giving it to them. t Vice Mayor Dawkins: You're giving - you're deeding them the property. g,� F Mr. Odio: No, Commissioner, let me clarify it. y� Commissioner Plummer: A warranty deed. =_ r; Vice 'Mayor Dawkins: No, wait - no, no, no, let me hear from the City Attorney. Ms. City Attorney, what are you telling me? Ms. Kearsons This is not a lease. We are giving them the property. Vice Mayor Dawkins Any why? Why are we giving them the property? Mr. Odios That's what we were ordered to do. Vice Mayor Dawkins: No, wait now... Ms. Kearson: Because in October of 1989, Mr. Rios came before you and requested the donation of the property so that he would include it as a part of the foreign trade zone application. Vice Mayor Dawkins: And at that time, what happened? - { Ms. Kearson: At that time, the Commission instructed us to look at several r issues and to draft a warranty deed that would address your concerns. Your y concerns being that Mr. Rios would be able to acquire the additional funding necessary to build the foreign trade zone and if not, then the property comes S Y', back to the City of Miami. Secondly, that if .he does not give a -designation, it comes back to the City of Miami and a number of other considerations. Vice Mayor Dawkins: And now, Mr. Manager, sir, now what you going to say? y , , B , Y 8 6 y Mr. Odio: No, we did what you ordered us to do and we have never considered a lease before. This was the warranty deed that we wanted in place. Mark Gallegos, Esq.: Bill, I'm going to give him a copy of that resolution ' right here and now. r ; Mr. Rios: No, don't do it. Commissioner De Yurres Let me... - 4Yr"r Me. Kearsons We tracked the language - if I may, we tracked the languagd of {, that October 12th resolution, the conditional resolution passed by the City Commission to make sure we address all the issues raised. g Commissioner De Yurres I want to cover an area of concern and it goes back to the taxes. What happens if they don't pay the taxes in any given year? Mr. Odio: You put a lien on the property. ' Commissioner De Turret Who puts a lien on the property? Mr. Odios The City of Miami. comm issioner Ds Turret The City or the County? 249 n -777 t f' }T osifhiaiti6tier l'lutt brs 'Weilo wait a tainute. You can stipulate that intf►g warranty deed that if they do not pay their takes on thee►, the property- j FA automatically reverts back to the City. 4 r . Comisaioner be Yurre: Ott... Mrs Odw You can do that. Comissioner plummart You can do that. Y_ . R,`' Commissioner De Yurre: Ve11, that's cohere I'm headed, but additionally, ' there's the concept that we get stuck with that tax. Somebody has got to pay that talc bill if it's pending. : Commissioner Plummer: Vell, there's no taxes on it now because we own it. Commissioner De Yurre: No, I'm saying, if they hold on - let's say they get; it and a year down the road, they get a tax bill and they don't pay it. Nov tr just because it reverts back to us, does that mean then that the tax bill doesn't have to get paid because it's the City of Miami? Vice Mayor Dawkins: Yes, but if in the event that that happens, it's obvious Yl- that they would have made some improvements to the property. Commissioner De Yurre: Maybe not, not this early on. Ms. Kearson: No, not necessarily. Vice Mayor Dawkins: Well, then there would be no taxes. Commissioner De Yurre: No, the land - on the land. Ms. Kearson: No, use the land, the land. <` Commissioner Plummer: Oh, no, no... Commissioner De Yurre: No, there is on the land. ". Mayor Suarez: If you're going to worry about... <` Vice Mayor Dawkins: I mean, if the land is vacant, there's no taxes. u Commissioner Plummer: ...the minute it's deeded to them, it is taxable. Vice Mayor Dawkins: Say what? Al ;. Commissioner Plummer: The minute it's deeded to them, it's taxable. Ms. Kearson: That's right, it's taxable. That's right. }- Commissioner De Yurre: The land itself. Not the improvements, just the land>« is taxable.t Mr. Odio: The land... " Commissioner Plummer: OK, there's one other area that - I'm sorry, I was waiting for you, but since you're not going to do it, "as is," No claim black on environmental hazard materials on the property. No, hey, we got into some "; biggies on this one. OK? "Y 5 Mr. Rios: It's OK, J.L. �< Commissioner Plummer: You accept that property "as is." If there is any hazard materials or anything there that has to be done, it's at your expense, , Commissioner Alonso: Hundred percent. -,' Mr. Rios: You've already infrastructured the property, Mayor Suaresa This is basically a governmental, or qua$ ,govsrwW tel its#, you knout, if there is contamination, they'll be here asking us far W1�Q17 to help clean it up. Anyhow, but you can build that in it you wont, mat , Fa �+ s. r..4 doesn't preclude their corning back and &eking us for money to try to gat a free trade zone going. - Commissioner Plummert it doesn't preclude my saying, no. }�££ Mayor Suareat You mean, could the whole idea is t try to get a free itrade ve eh e land if you want, zonethere. c Commissioner Plummer: 'that's right. Mayor Suarezt All right, anything further on this issue? Commissioner Alonsot Yes, I have some questions. Do you have an idea how long it will take you before you will be ready to have some substantial everything ready so you can function and receive some funds? Otherwise, you will have to have enough as to pay for the taxes. Mr. Riost Right. Commissioner Alonsot Or you will be losing the property. Mr. Rios: That's correct. Weil try to make whatever arrangements necessary - to provide... Commissioner Alonso: Are you aware of that? Commissioner Plummer: As warranty deed, we're not, in any way, liable for anything that happens on that property. Mr. Rios: Yes, I am. We will try to snake whatever arrangements are necessary to look into the tax matter. We... Vice Mayor Dawkins: Bill, Bill, Bill, why don't you just... Mr. Rios has been out now looking at the vacant land and walking around in the area. He has one or two leads where people are going to lease some of the property from him and put things on it that will bring revenue for him to do these things. Tell them that, Bill, so we can get out of here. Commissioner Plummer: You bring that out. You bring that out. Mr. Rios: I'm telling you... ditto what the Commissioner has ,just said. Ms. Kearson: Yes, it's in there already. Commissioner Plummer: Huh? ;a - Ms. Kearson: It's in there. It's in there. t Commissioner Plummer: All right, now, you've got some problems here. One of s the things you won't sign is, from what I'm being told, is because you will x not give this City Commission the right of budget approval. syr Mr. Rios: No. Ms. Kearson: No, that wasn't... No. Commissioner Plummer: We have the right to approve your budget every year? Mr. Rios: Sure, all the state money comes through you anyway. It's your right to do that, Commissioner. -i Commissioner Plummer: OK.` Mr. Kearson: Even if you don't get state money, we want the right to approve `a the budget and the expenditures. z Mr. Rios: Any money that comes through the... .z Me. Kearson: Any money that is... 4-t Mr. Odio: No... Mr. Waters: No, through... h; v 251 Jul,, i9F kTA.. - --- - -- - - - 77% Ms, Kearsont ...dude available for the foreign trade zone. Fir. liost That do you mean? I will. That's... can we do that? k k Fir. Oallegost If nothing prevents us, we can do it, yes. xx= v . Ms. Kearsont The Commission have requested a seat on the Wynwood board ed a part of that October resolution. ; Commissioner Plumert 36tee Commissioners sit on there. _ Mr. Rios: That's a legal issue, I'd let the attorney answer it. _ pfl Mayor Suarez: I am sure they would want participation in the Wynwood board from this Commission. That can't possibly be an issue. Mark Gallegos, Esq.: The most successful foreign trade zones run by community _ development corporations in the nation are having participation from their city or local municipality commissions, and it is -very important to the success of a foreign trade zone, it is supported by this City, Commissioner. —, Mr. Odio: So, you have no problem if the Commission approves your budget, _ total budget, every year? s. Mr. Gallegost No. Mr. Odio: OK. Ms. Kearson: And a member of the Commission sitting on the Wynwood CDC Board. x.: Mr. Rios: That's already in place. _ Mr. Gallegos: That's fine. Ms. Kearson: I'm sorry? Commissioner Plummert Who sits on that board?a ar Mr. Rios: We have a representative, Commissioner Dawkins' office last year requested that he have someone at our commission meetings. '= Commissioner Plummer: As a voting member? — Mr. Waters: No, no, no. That's not... Commissioner Alonso: No, that's not... `F Mr. Rios: Oh, I'm sorry. No, not as a voting member, no. ,.,. Mr. Waters: That's not the issue. Ms. Kearson: No, no, no, we're... _ Mr. Rios: We would have to make... we -would just, you know, modify our bylaws to do that. Mayor Suarez: I am sure you won't have any problem having a Commissioner who is willing to sit with you on the board of the CDC. F �." Mr. Rios: NO, that's fine. r= Mayor Suarez: That would be the best thing you could do. ., n Commissioner Plummer: A voting member. Mayor Suarezt Yes, voting, voting. Mr. Rios: That's fine. Commissioner Plummer: Bill, from today, if everything were to go right: how long would it take? 252 Jul 20 1990 s ., } r� 41 Mt. Rios: I would say about 24 months from today we could..i we'd be breaking ground in about lb, 24 months you'd start aoeing first stuff... 7; Mr. Odiot Rxcuse be, did I hear that three or four months the people... Mr. Rios: No, 24. Commissioner Plummer: No, 18 to 24. Mr. Rios: OK, I think the application process is what really predicates our hedging on any specific time. The foreign trade tons people quote arty time _ between 12 to 24 months with regard to the approving of an application. Now, that's one phase of what could, or may cause delay. Phase number two - I'm not going to divert it to Bernardo again and Senator Gordon, but we're going to be asking for an appropriation from the State Legislature. We're already a project of the State Legislature and a priority of theirs. If we cangotan appropriation through the State Legislature for next year, and the application hits more or less at the same time, say about nine, ten months from now, we would be in a position to bid out the work and start construction, you know, in another six, seven months, whatever it took to put out the bids. Commissioner Plummer: What are you looking for in a grant from the state next year? Mr. Rios: We're looking for 3.4 million dollars for phase one of the project. Ms. Kearson: A point of clarification. The City Commission, as the Wynwood SNID, would have to make the request of the state. If you're attempting to get funds, pursuant to the Wynwood SNID Act, so it would be the City Commission making the request, not Wynwood CDC. Mr. Rios: Well, the CDC can be, as you know, Madam Attorney, the CDC and the City of Miami make up the Wynwood SNID, so, I mean, we would all be part and parcel of the same body. Ms. Kearson: The Wynwood SNID could contract with the Wynwood CDC... Mr. Rios: Yes. Me. Kearson: ...to implement this project. But it is the City of Miami, as SNID board, that actually contracts with the State of Florida to gat the r funding. Mr. Rios: That's correct. Mr. Waters: Correct. ;s• Ms. Kearson: So all funds would flow through the City of Miami. Commissioner Plummer: If we get the 3.4, can we run with it elsewhere? Mr. Rios: I wouldn't gamble on that if I were you, J.L. y; Me. Kearson: No, sir. Mayor Suarez: It's a rhetorical question not to be answered, please. All � right, with all of those elements and provisos and provisions built in... Commissioner Alonso: Sign the deed, please. Vice Mayor Dawkins: I have one last question. ,+ Mayor Suarez: Last question, Vice Mayor. ,T= Vice Mayor Dawkinsc Is this a joint venture with the City of Miami and Wynwood? -or is this a sole project by Wyawood? -the free zone? {F Me. Kearsont The foreign trade zone is a project by Wyawood. ' Vice Mayor Dawkins; Only. Me. Kearson: The application will be submitted by Wyawood only. F °�vy 253 July 20, 4_90 n� 0 . . . . . . . . . . . . . f W11 Mt, itibat Hovmro he said project and the project is a Product bf th6 Olt and the Wynwood CDC and the City of Miami. Ms, Koarsoft, That's correct, but the foreign trade tone would be owned and managed ghd operated by the Wynwood CDC and not by the City of Miami. Mt. Itl6at That to correct. Vice. Mayor Dawkins: I will between the City of Miami alone? -that's what I asked. ask my question again, is and Wynwood, or is this an Mr. Odio: It's Wynwood alone. this a joint effort effort by Wynwood Me. Kearsont It's a joint effort insofar as the Wynwood and the foreign trade tone is the Vynwood SNID plan. Mr. Riost it's a joint effort, but not a joint zone. I mean, it's a joint effort because the project overall takes up a lot more than just the zone. Mr. Odio: Commissioner, the answer to your question is the application for the license is Wynwood CDC. Mr. Rios: That is correct, Mr. Manager. Mr. Odio: And not the City of Miami. Vice Mayor Dawkins: I'll ask my question again. Is this a joint effort between the City of Miami and the Wynwood community, or in it the Wynwood community? That's my question. I'm talking, you can't answer this. This has to come from over here. Over here, OK? Mr. Odio: No, Wynwood. Vice Mayor Dawkins: Wynwood. Then, therefore, we are going to sit idly by., and not provide any technical assistance that we can provide to this project to see that it succeeds. Is that right? Mr. Odio: Is that a question or a statement? Vice Mayor Dawkins: That's a question. Mr. Odio: If we have... we are willing and able to provide assistance, if needed. An Vice Mayor Dawkins% So then, therefore, it's a joint effort. Mr. Rios: Yes. Vice Mayor Dawkins: The ownership will be separate. Mo. Kearson: Yes. r. Vice Mayor Dawkins: But, see, I'm not going to sit here and allow us to not and going to Washington, pushing, and turning all the stones, participate pulling out all the stops, do what the hell we have to do to get this done. Mr. Rios: Commissioner, with all due respect, you have the mom... Vice Mayor Dawkins: I, no, no see, I just finished telling you I'm not talking to you. Mr. Rios: Sorry. Vice Mayor Dawkins: I don't know why you all can't get... I'm talking to, these people... you see, I know what we're doing over here. Sao, I sot to know what I'm doing over here, OK? Now what... we can't sit idly by and goo this fail. We were up there the other day, OK? -with Mro- Rios has"Act cow back and told nobody nothing that was said. He only come back 4,44 told too what he wanted them to hear. That's why 1 need to know where we are. A 254 July 20 IT V 0: L a a t Mir, Idiot As fair as I'm concerned, i will support their applicatiol to the fullest 61t6nt. r: h Vice Mayor bawkinst Ahi that's ghat I need. Thatts all. Thank you. That's ' All. ¢— Mayor Suaretrt wait a minute. All these people were here on this project all this time? ri Commissioner pluiflmert That does prompt one more question. if, in fact, for, rs= whatever reason, your application for the license were to be denied,.. Mr. Riost Bari kari. Commissioner Plummer- if it is, in fact, denied, is there a process in which ILL you can reapply? Mr.' Eton Mpencert My name is Ron Spencer, I'm the affiliate with IMS Worldwide, Inc. We're the firm from Houston, Texas, that prepared the — feasibility study and the application. And, to answer your question, yes, an application can be reapplied if the foreign trade zone's board finds some — deficiency in it and if that deficiency is subsequently corrected. Commissioner Plummer- I guess the only reason I asked that question is, '- should we make it a five year period or if, in fact, at such time as the application is denied? Vice Mayor Dawkins: Well, as of... Commissioner Plutmnert This works for them also. - Mr. Spencer: Yes. Commissioner Plummer: And the reason I'm saying that is, why should they be - saddled if, in 24 months, the denial of that application they shouldn't have to be saddled with taxes for another three years. - Mr. Odio: Plummer, let me clarify what you're saying, because you have to G4_ differentiate two things. Commissioner Plummer: OK. Mr. Odio: The license is one... Commissioner Plummert Correct.- Mr. Odiot They could obtain the license and then do not operate the zone. They could sit on the license. So you have to make sure that, you know, the license can be denied and then you have a clear cut situation. °11 Commissioner Plummer: I was asking in the tense if the application for'the license was denied., Mr. Odio: Fine, then you have to know the... r� Commissioner Plummer: Then, would we be better for everyone concerned that that denial reverts .the property back to the City and takes them off the hook for the remaining portion of time for taxes? sl Mayor Suarezt A non -appealable denial or five years, whichever comes earlier. Vice Mayor Dawkins: Why couldn't... r s Commissioner Plummer: It's not unappealable, takes them off the hook. Mayor Suarez: No. ?t } Vice Mayor Dawkins: ...you prepare... t Mayor Suarezi Right. P 255 July 200 1990 33 w ri N,. r the one where the City and Wynwood community is in cooperation, ana linen submit that one? I don't know. f4 Wit= Mr, Spencert If I may be permitted to answer that question. Again, the - by h having an application submitted and accepted by the foreign trade tons si board shows that the application is in complete accordance with the rules and .,-- regulations - let me finish, please - if the application is, at that point In time, supported by the City, the County, and as many community leaders as 4� possible, which we do have letters of that support in the application, there is no reason whatsoever to believe that the application would be denied. Mayor Suarezt But, we're considering that scenario anyhow.- ~ Vice Mayor Dawkins: Sir, sir, I was there... Y !pa. Mr. Spencer: Yes. Vice Mayor Dawkins: OK? Mr. Rios was there and the Manager was there, OK? Mr. Spencer: OK. Vice Mayor Dawkins: And it was said - and we didn't solicit it - that if a city applied, the city had a better shot at getting the free zone than a - private sector simply because Homestead was presenting an application, OK? And that's why I asked my question before. We must go in as a part of this in fi order to offset any advantages anybody else have. That's all I'm saying. - Mr. Spencert Yes, as far as I know, the Homestead is already done. Vice Mayor Dawkins: You were sitting right there when the man told you that one was in there from Hialeah - from... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Homestead. y- Mr. Spencer: I believe it's Visions... Vice Mayor Dawkins: OK, no problem, no problem. Mr. Rios: You mean the Visions 2000? Vice Mayor Dawkins: Huh? Mr. Rios: The Visions 2000, the company that is in Homestead. Vice Mayor Dawkins: Yes. Mr. Rios: Their application has already been granted. Vice Mayor Dawkins: What do you may? He said we got one down there. Mr. Rios: Yes, there is one down there, definitely. Vice Mayor Dawkins: That's what I'm saying, so our chances then... OK, no problem. Now, you all understand what I'm saying. Mr. Rios: Yes. Commissioner De Yurre: Mr. Manager, is there any advantage to receiving the land via warranty deed as opposed to having it leased? Does it have to be deeded? Ms. Kearson: No. Mr. Odio: No, you don't have to deed the land. It was clearly understood what the Commerce Department told us that they do not have to own the land at all. 256 July 200 1�'�� ,22 , f Ai# :. Comissi6n6r be Turret because ghat I'm looking at is that if we can wave the I ' 1L tAty , , you know; t mean, like if we hold onto it and lease it to them, an his the time effeat, than we don't have to... no real estate property t+ fte � have to be paid on that.� Me. Kearsont flight. Mr. 6dios Maybe that's the best way to do it. Vice Mayor Dawkings What are you going to give them, a 99 year !asset Ms. Kearson: because the regulations merely require that they show ownership #' of the land so we .could, in fact, give them a long term lease, as opposed to deeding the property to them. Commissioner De Yurre: Because, you know... I mean like, if its not a requirement... Vice Mayor Dawkins: Ninety-nine years. Me. Kearson: No, it says control. Commissioner De Yurre: ...or at least for the time being while this process is ongoing and they start making the dollars, lease it to them and then, with the understanding that it would be deeded at a future date. I'm just trying to see if we can save a few dollars at this point in time. — L_ Vice Mayor Dawkins: Well, the only way... I'd lease it to them for 99 years. Mr. Gallegos: The ownership of the land is an integral part of the safe neighborhood improvement district plan and an integral part of the foreign trade zone application. _ Vice Mayor Dawkins: No, sir, that's not what we were told in Washington, air. - Commissioner De Yurre: Why is that? a Mr. Gallegos: It is important to the financing possibilities that come xn together with the foreign trade zone and the foreign trade zone board will be examining those issues very, very closely. Me. Kearson: Oh, well see, financing, but it's not a requirement. Vice Mayor Dawkins: But, it has no... Mr. Rios: If the applicant does not have control of the land in the foams of a fee simple. Although, with the reverters and conditions that the City - Commission has placed, the application will suffer._. Mr. Odio: No, no, no... y 4 �N J£fi Vice Mayor Dawkins: No, the application will not suffer, the funding will suffer. Mr. Odios I was there and he was there. That is not true._ ti IN Mr. Rioss It's the funding, right, it's the funding. _ ,5 �r Vice Mayor Dawkins: Hey, let's pass this so we can home and... or turn it down, whatever we're going to do here, please. a Commissioner Plummer: OK, the only other... one last time, because of your comment. They could get the license and sit on it. If, in fact, 4oaa the five year period kick in, that if they have the license and don't start_ construction, the property reverts back. Mr. Gallegoss You, I believe that... .f Mr. Odio: Yes. Commissioner ,Alonso: Five year, it Mr. Gallegoss Linda, I believe that is in the dsed, i w� 257 JulF 7. dottanissionor plWreert Is that the tray... I'm linking the City Atto ey, It that the way you understand it?> 7 Mayas Suarest P1#6 years to have the inception of the tone. I mean, t6 get � it going basically, I'll redefine that legally. tY4T A Ms. Xbarsont 'We didn't limit that to Just five years. We said that if they t failed to maintain it as a foreign trade tone, it reverts. Mr. Riost Commissioner... �r Ms. Kearson: So, that can exceed the five years. "{ Mr. Rios; Commissioner, you have a stronger argument than that. In the regulations of foreign trade zones, if you don't establish a foreign trade F zone within five years after being given grantee ship, you lose it. r r-. Commissioner Plummer: Yes, but you see, you're talking about 24 months before you might get it and then you got five years, that's seven. 4 Mr. Rios: No, no, it's five, all the way around. Ms. Kearson: No, well it comes back to us if it does not act as a foreign - trade zone. Commissioner Plummer: Within five years. — Ms. Kearson: No, even beyond the five year period of time. Mr. Odio: At any time it ceases... Ms. Kearson: At any time it ceases to exist as a foreign trade zone, it comes back to the City of Miami. Mr. Rios: That is the issue why this thing came up before .you. We wanted �'- that to onlybe limited to the five year period, as opposed to the entire life y P , PP k{,�a of the deed. Mr. Odio: At any time they cease to operate, it comes back to us.r r Mayor Suarez: OK, now that's built in, with all of those conditions, are =- there any other questions or problems? has Vice Mayor Dawkins: Move it. Mayor Suarez: If not, entertain a motion... ;Y Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Mr. Manager. max} zq. Commissioner Plummert With the amendments as offered. h Mayor Suarez; With all the amendments, yes?:_ 4 L S Mr. Odio: We're deeding the land over. Is that what you understand? Mayor Suarez: Yes. Mr. Odio: OK. Commissioner Alonso: With all the conditions. Mayor Suarez: With the provisions... Mr. Rios; Right.E Mayor Suarez: I want to say, by the time you add all the conditions that you have added, Mr. Manager, that it becomes very much like a leaps, in Gage you §k_ haven't noticed, except that they can use it... Mr. Gallegos: All right, we're not obtaining a too simple. x_ rJ# July ilAi r.- S r7 ?' - _ x; Mayor suaree: Except you are. Ms. Kearsone sure, you are. Mt. Riosa 'yea, we are. w Mr. Gallegos: With these reverters. Ms. Kearson: You are a training... Mayor Suarez: I think we still are, but, I mean, it's becoming a lot like a t lease. We're exerting control over the time that you have so that it should `- satisfy us because it's very close to a lease. All right. Anything further? If not, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: f :ram- U, MOTION NO. 90-638 ." A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO DEED CITY -OWNED LAND IN THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (CEDC) FOR DEVELOPMENT OF A FOREIGN TRADE ZONE WITH THE FOLLOWING PROVISIONS: (1) — THAT THE PROPERTY CANNOT BE SOLD BY WCEDC WITHOUT APPROVAL BY CITY COMMISSION; (2) IF WCEDC DOES NOT PAY ITS TAXES ON TIME, THE PROPERTY REVERTS BACK TO THE CITY; (3) WCEDC ACCEPTS THE PROPERTY "AS IS" WITH _ - COMPLETE RESPONSIBILITY FOR ENVIRONMENTALLY HAZARDOUS MATERIALS WHICH MAY BE ON THE PROPERTY; (k) THE CITY COMMISSION WILL APPROVE THE BUDGET OF THE WCEDC EVERY YEAR; (5) A MEMBER OF THE CITY COMMISSION WILL SIT AS A VOTING MEMBER OF THE WCEDC BOARD; (6) IF AT ANY TIME, THE PROPOSED PLAN DOES NOT ACT AS A FOREIGN TRADE ZONE, THE PROPERTY REVERTS BACK TO THE CITY OF MIAMI. 3 Upon being seconded by Commissioner Plummer, the motion was passed and - adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. f- n Commissioner Miriam Alonso Vice Mayor Miller J. Dawkinsn Mayor Xavier L. Suarez: NOES: None. ABSENT: None.` Vice Mayor Dawkins: OK, that's it. P: Mayor Suarez: Build it, please. Y 4 a i �.4 4t qy. Y� i{ i.; G J 259�j ee t F �t �• iti�.Y�i—.-ffi--.ii-au:a�:ad.i�.iWi+irriWiJG:ia�irrs�ic+ti.ariw.c�6iii:i5.:i.ri..:.��Y..�nL.Y.r.Sr.ii,'r�awx trs�3rfWJLY.•iisa►a1.rYini'ili7d➢ii"it,i{.• a"—`•a.�i . t r 8 1IRSt REAblya ORDINANCE (MIAMI COMMARNSIVE NEIGHEOR I00b PLAN) t AMM MONK+ I�UTC�RM LAND USE MAP - CHANGE LAND USE DBSif3NATI0t� AT 32db S,it. � STRST nOM WOR PMLIC FACWTtES, TRANSPORTATION AND tt ILIT`IES TO RESTRICTED COMMERCIAL (Applicant: Planning Department). t. -r Ii+ii4ia�GrY.r.ihlliY...�+i..i+r.+i..H.ri.lrwYlrf+tilW.+taa.... •'• •`••"••ir,..- , ,itwr..w.V.r.art..l:r�i.irlf.:rJrt.v.if:i'+.�++Zrc=•"..;.+1r.riYru�iY.Yiiw.r1G451(i1(rrYAY6iY 4 �a Mayor Suarez: What other planning and zoning items do we have? Commissioner Alonso: Twenty-four? Vice Mayor Dawkins: What item are the most people on? f Commissioner Alonso: Twenty-four. d$ Vice Mayor Dawkins: Twenty-three and twenty-four? Thirty-four? Commissioner Alonso: Twenty-four. Vice Mayor Dawkins: Twenty-one? Let's go with twenty... Mayor Suarez: OK, we're going to try to get 21 and 23 and 24, all right? Commissioner Alonso: Twenty-four is very fast, I believe. Mayor Suarez: Item 21. y Mr. Guillermo Olmedillo: Twenty-one, Mr. Mayor, Commissioners, this is... Mayor Suarez: PZ-21. Please, please, please. Mr. Olmedillo: PZ-21 and 22 are related items and this is the Woodlawn Cemetery item. This was a court mandated item. Court, as you know, this issue was taken to court by the owners of the property. The City's position was the loser in the court decision. The City was mandated to rezone this particular property to commercial. So, this is what we're trying to do with this is trying to do the plan amendment and the zoning change. You may hear from the neighbors comments about the parking and the traffic issues which are not dealing with the change of use that we're... Mayor Suarez: Which are not what? Xi "- Mr. Olmedillo: Not related to the change of use that you have in front of you M. today. Mayor Suarez: Change of use. OK. Mr. Olmedillo: Right. Joel Maxwell, Esq.: Mr. Mayor, for the record, this item is before you as indicated pursuant to court order. You have pretty much a ministerial duty at this time... Mayor Suarez: Which is to do what? Mr. Maxwell: You must approve it. Mayor Suarez: Must approve it. k • �t Mr. Maxwell: Yes, sir. Vice Mayor Dawkins& So move. Mayor Suarers Moved, and I guess... Commissioner Alonso: Second. Mayor Suarez: Seconded. Commissioner Alonsos We have no choice, 260 July $0, A9#4 .Mayor Suarest Sir, if you want to come up to the mike, I ate wilting to hear - p, you, but I'm going to first explain to you where we are, OK? INAUbIBLIS COBS NOT INTURID INTO THE MLIC RECORD. Mayor Suarest Ma'am, the same thing applies to you. Please come up,to the mitre. You can take that mike there, if you would like. OK? Let me tell you *here we are and then you can state your name and you can certainly state your ; position. Butt it cannot affect our decision. We lost in.court. We tried -to do what everybody wanted, and the court ruled again us. Let lee say it in Spanish very quickly. I'm getting very tired at the end of the day here. OK. F# (COMMENTS IN SPANISH).— Commissioner Plummer: What item number? a�- Mayor Suarez: And I guess there are no appeals pending or anything, right? Mr. Maxwell: We've been all the way to the Supreme Court, sir._ Mayor Suarez: Oh, (COMMENTS IN SPANISH). We certainly tried. But, sir, if you want to make a statement. We have a motion and a second to comply with the court order, so if you want to make a statement, go ahead. - Commissioner Plummer: Wait, wait, wait. Is this the cemetery? Commissioner Alonso: Yes. Commissioner Plummer: Mr. City Attorney. Mr. Maxwell: Yes, sir. Commissioner Plummer: As you're well aware, I am in the funeral business. This does relate to a funeral home. - Mr. Maxwell: No, sir, this is a general comprehensive plan change and a general rezoning change for all the uses that could be made. on that,;.not_ specifically a funeral home. A funeral home is simply one of the uses. I do not believe you have a conflict of interest. Commissioner Plummer: Excuse me? All I'm asking is, am I in a conflict --on R voting?- Mr. Maxwell: No, sir. This is a comprehensive plan change. Further, ,it's a court order, so it wouldn't really matter at this point. x Mayor Suarez: OK, go ahead, sir. - Mr. Alejandro Gonzalez: OK, we were here like three or four months ago... -Xj- Mayor -Suarez: Give us your name and address, please. V` Mr. Gonzalez: Alejandro Gonzalez, 3310 S.W. 10th Street, Miami, Florida. We were here three to four months ago on a zoning - we were here several times in the past four or five years, but when we were here last time, we were told that this was a court order and we had no right. But at that time, ,we raised N- an issue with the traffic problem, as far as the parking, as far as the traffic due to the Rivero Funeral Home that's already there, and them thin,_ they say it is not a funeral, but they are intending in the future to put a , funeral home on this property within a block of Rivero Funeral Home. Right now, we're experiencing a very, very bad problem with parking in that .area. .•I9_ got pictures here, if I could please show you. rN_ Mayor Suarez: Wait, wait, wait, now we have a total dispute. You.0" so ahead and pass those out if you'd like, but you just can't have a discussion here with the Commission. Now, when you're saying it's immaterial I thought I heard you say that, Mr. City Attorney... W r�- Mr. Maxwells Yee, sir. - Mayon Suarez: ON, the fact that it's immaterial, does It asoan, thAt It precludes us from looking at the traffic problems and trying to fashioA alm" _ 4 J Zbl July 5'T!. AL.. eil t -------------- pp N solution* if theire'a any, or are you saying that there are no solutions thAt #4. own be provided? Mr. Makwells Any solution to the problems they are bringing to you today = �.: should be independent of your action on these two items here. Mayor Suareat Fine, but in there anything that says that we can't hear his problems and instruct staff to try to find some solution to that? ilk" " Mr. Maxwell: No, sir, except that you're clouding the water. I would suggest ' that you act on these two items, and then immediately... T� } h Mayor Suarez: OK. e Mr. Maxwell: ...and then immediate) after actin on them - y g , you can hear. their discussion. Mayor Suarez: All right, let's do it that way, but go ahead and finish your _ presentation and then we won't take any action on what you're saying on traffic. We will vote on the zoning aspect, and then go back and at least give instructions to the staff to study it and see what recommendations they make on parking or traffic. Commissioner Plummer: Are you saying that afterward you're going to impose' '— '` any regulations you want? Mr. Gonzalez: OK, that was already done. Three or four months ago when we were here on a zoning hearing, they were going to study that. They were going_ to consider putting a tow away signs on 33rd Avenue. They were also going to. consider closing 33rd Avenue to all traffic being that it's not a... I don't max,` know if you have a picture there, but it's... - Mayor Suarez: OK, is the staff of the City ready to make a recommendation of J,F1 , those after we vote on the zoning? - Mr. Olmedillo: Yes, we with the Public Works Department, made an analysis of the area due to the PAB hearing. The PAB hearing is the one that the property -+ g. g pro ert f owner is referring to and... .. Mayor Suarez: The answer to my question is, yes, we are. ready to make a- recommendation after we finish the zoning item as the City Attorney has told me to do._ Mr. Rodriguez: My opinion, no, because you haven't properly advertised iron the closing of any streets; if you're dealing with the closing of the street. f, Mayor Suarez: All right, then, we'll take... Mr. Rodriguez: If you're dealing with the study itself, yes. - -Mayor Suarez: ,..your comments under advisement and tell you that, unfortunately for you, you're going to have to come back at a hearing that we will decide what other traffic measures we can take, closing of streets, etcetera, but not today, unfortunately. Mr. Rodriguez: You can ask us to study this and then we can.. we have already . some solution, but... t. 1 .; Mayor Suarez: Right, OK. We'll do that. t� Mr. Gonzalez: OK, I understand that. I'm all with that, but I also want you to, if you see the pictures, the destruction that was caused on City of Miami r property, all the curbs were broken, OK. Still there's no parking si$an there. We tried to get the police out there on May, ath or 5th and this has happened several times after that. We've called the police. There have been over 200 cars parked in that area. The police came on that day - it was = around May 4th or 5th - they just proceeded to park their car there. They did not give any tickets until the time I went to the police officer and I told them why she was not giving out any tickets. At that time, she said she was just told to go there and to observe. When I told her that I got her oame and . =k I was going to report her, she called her superior officors, they canm, >a lour, �- <� later and started giving tickets out. The following day, I caliod t6"1he City at K ' 262 guy. 2d4 A..' ,. s i4 y3r-' '`y1 E Sf �A .n Miami Police Department and they said that that was discretionary on the police part because being that there's a lot of motorcycle police officetra, the ones that respond to these things, they like hand in hand with the funeral business, OX, Thsy don't Want to go against the funeral budinesd becaUst they make money off the funeral business. This was a police officer told me this. - Mayor Suarers I suppose there's a situation where police, in their lawful off duty exercise of their powersI might decide not to tow too many cart that are part of the funeral procession in which they are involved, I suppose, Mr. Gonzalez: OK, there's... 't- Mayor Suarers but there is really no discretion. They, you know, they have to enforce the parking laws, regardless of whether they're in an off duty manner, you know, earning any money for escorting a funeral. } R�. Mr. Gonzalez: If you see the pictures there, there's cars presently parked there. There's... Mayor Suarers OK, we'll have to get a report then on that too from the Manager's office. Mr. Gonzalez: OK, on the zoning they were going to put in tow away signs as - - part of the things. What was not discussed, and I wanted to bring the pictures, if repairs could be done to the curb. Replace the curbs to where... Mayor Suarez: OK, that's a Public Works item. Hopefully, we'll have a report on that too. _ f Mr. Gonzalez: People would not have a tendency to drive through. We're trying to keep our neighborhood looking decent, OK? The way it is now, if you see the pictures, it's a mess. OK? And there is a traffic hazard there _— because there are cars blocking the road when it gets very full, OK. And I want to thank you on one other thing, on not raising property taxes this year. I really appreciate that. Mayor Suarez: OK, sir. All right, on the motion and in chief as to the zoning matter, we have a motion and a second. Any further discussion? If not, please read the ordinance. I presume you favor it? -and you're not going s�— to say anything wisely because you haven't been sworn in and that would create a problem. You weren't sworn in either, but, hopefully... OK. Call the roll. -' AN ORDINANCE ENTITLED- sL AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ' ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-20001, FOR PROPERTY LOCATED AT APPROXIMATELY 3250 SOUTHWEST STH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY ' CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES t. TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING _ THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A. Was introduced by Vice Mayor Dawkins and seconded by Commissioner Alonso and was passed on its first reading by title by the following votes { ,- AYES; Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. i; Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins _ Mayor Xavier L. Suarez NOES; None. ABSENT: None. The City Attorney read the ordinance into the public record smd announced that copies were available to the members of the City Comigg$cip turd F M, to the public. 4 F 263 July �f► l�S� 1 C,.rotTcla 3a � q� ;., b ,F -ki. �f t n �. .y rryr�iS ai IRW SjG 'Rtz CONNOTS Nat =two fit= CAU I Commissioner Plunner3 Adeording to the City Attorney, I have no choide. 1 2 dote yen. .�. r.r�L.Y3Yra�a�oY'.4WJL4Mi.�fWiL�iiYina:ir-3►ih�i'r4.i�iiiaaiiGii.YiiY..iriY:ii`ii.Year.r.ri�rribr..W.YLwi'rYr.J��:�iY.'—,... .. ....•'.-�. „—__..,. .� ......�_, - �1 83. FIRST READING ORDINANCE (ZONING ATLAS AMENDAMZND 11000 ATLAS w CHANGE DES16VATION AT 8260 S.W. 8 STREET FROM G/1 (Applicant: planning 4� Department) . s Mayor Suarez: As to companion item. — F. Commissioner Alonso: Twenty-two, yes. Move. — Vice Mayor Dawkins: Second. - Mayor Suarez: Moved and seconded, companion item, PZ-22nd. Read the s _ - ordinance. Call the roll. AN ORDINANCE ENTITLED- - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR - . PROPERTY LOCATED AT APPROXIMATELY 3260 SOUTHWEST 8TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED �� HEREIN), FROM G/1 GOVERNMENT AND INSTITUTIONAL TO C-1 __. RESTRICTED COMMERCIAL; BY MAILING FINDINGS; AND BY - ::. MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 40 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND : SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. i Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins .'- and was passed on its first reading by title 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 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. k l ' COMMENTS MADE DURING ROLL CALL: c, Commissioner Plummer: Again, we have no choice. I vote yes..' ;rr= d {� k •Y f�y_ 1�1 r`y { F d k - 264 July Soo 14O;�t i ' �f• v • r. n a , 1j :21 7 84. 91COO READING OADINANCIt AMEND CODE SECTION 4-3 (ALCOHOLIC 161"AAGIS) " ALLOW PACkAft LIQUOR STOM TO OPEN FOR BUSINESS OR OU006 DURING DESIGVATHD HWASI TO 1XTM HOURS OF OPERATION 09 SMkTS lit 119CIMAICA1 TO REMAIN OPEN MIL MIDNIGHT 014 C14RISTMAS AND NEW TIA109' RV3 StWICT TO A SIX -MOM REVIIN (Applicant- Planning Departmbnt)t ----- - — --------- ----------- Commissioner Do Yurrat Can we hear 24, Mr. Mayor? Mayor Suarez: Yen. Lot me warn you, Commissioner*, that in fairhessp we've also have, and I have no problem doing PZ-24 now, but we also should do P2-16, I believe, is Mr. Shih has been waiting all day. And it is before in the order, so we always follow that, but let's do PZ-24. I think it's fairly quick, hopefully. Commissioner De Yurre: Move 24. UNIDENTIFIED SPEAKERt Mr. Mayor... Commissioner Plummer: Well, wait a minute, we've got a problem with 24. Go ahead, let's... Mayor Suarez: PZ-24 has been moved. Joe Maxwell, Esq.: Mr. Mayor, PZ-24 has a section in it 4 dash... V Mayor Suarez: Check with my staff right behind you, air, back there. OK, go ahead. Mr. Maxwell: ...four dash ten that I would suggest to the Commission that you delete any action on 4-10. This was a companion item to an ordinance that you acted on the last time regarding alcoholic beverages and that section was amended at the last City Commission on that. So, in order to not be redundant and have conflict, I suggested 4-10 be deleted from the action now. Commissioner De Yurre: What is 4-10? Mr. Maxwell: Four dash 10 are clarifications in the section dealing with distance separation. As you may recall, you amended this separation a couple of weeks ago. Commissioner Do Yurre: To 750 or 800? To 750, right? Mr. Guillermo Olmedillo: Right. Mr. Maxwell: Correct. Commissioner De Yurre: So what do you want to now? Mr. Olmedillo: Be consistent with it. 02 F Mr. Maxwell: OK. Also - that's right, to be consistent, air. h_ Commissioner Do Yurre: OK. Mr. Maxwell: I was also asked to... Commissioner Do Yurre: Well, what are you talking about? -as far as liquor stores? Mr. Maxwell: That's correct. 4�_ Commissioner Do Yurre: They can be then within 750 feet from each other? Mr. Maxwell: That's what you adopted several weeks ago. Commissioner Plummer: The last time. Commissioner Alonso: Can it be 1500? -the liquor store? 265 July 24# 199 Mr. Olzbedillot M-N Dissimilar license* will be seven fifty. Dissimilar litoossok Commissioner Plummets fifteen hundred was as is now. Commissioner Alonsot Maybe County! 'Mr. Olmedillot Similar licenses... E Commissioner Do Yurtso They're the exact same type of business? Commissioner Plummers I think it's 1500 now. Mr. Olmodillot Twenty-five hundred. Which is what we had in the code before. commissioner De Yurre: Now, we can't leave and right now if we were to pass this, there are what? -2,500 away from each other? Mr. Olmedillos Yen... Mr. Maxwells No, this section right here, the way the language is right now, it does not touch at all the actual separation between the uses. This language here is clarifying language, it does not touch, even though it's Commissioner De Yurre: What is the law today? What is the law today? Mr. Maxwell: Seven hundred and fifty feet between dissimilar uses, while effective in 30 days from passage of the last ordinance. Seventy hundred and fifty between dissimilar uses. Twenty five hundred feet between similar uses. Commissioner Do Yurre: OK. And that wouldn't apply to this. Mr. Maxwell: It applies, but what I'm saying is, that you already amended that section. This section right here really should not be before you because, when you had both ordinances before you, it was really a precautionary measure taken in an abundance of caution because the staff didn't know whether or not you would act on the 750 feet. They did not want to confuse the issues with the clarification and language. Commissioner Do Yurre: OK, then by taking out... Mr. Maxwell: So they acted the last time the last time you acted... Commissioner Do Yurre: If we take out 4-10, what will be the applLcable zj distance? Mr. Maxwell: Seven hundred and fifty feet and twenty five hundred. Commissioner De Yurre: OK. Commissioner Plummer: Now, we got one other problem. Mr. Maxwell: Yes, air... Commissioner Do Yurres So delete 4-10. Mr. Maxwells Thank you. Commissioner Plummer or the Commissioners Commissioner Plummer, I believe in particular... Commissioner Plummer: Blame it on me. Mr. Maxwells ...raised a question concerning whether or not the City could charge $250 additional occupational license for businesses that operate on Sunday. Commissioner Do Yurre; Which I don't think is too legal. Mr. Maxwells It's not legal at all, air. Commissioner Do Yurre: OK, that's what I thought, mi Mr: Mi*"iit We found a statute directly oft point that, in fact, prohibits any ticcupatiotia license at all on the sale or distribution, so forth, of alcoholic beverages, so that'a hot something you can do. ys. Commissioner Do Turret OK, Commissioner Plumtmert Weil, that's fine except there is something we can db and that is that we can charge CAMACOL with the responsibility of vblUntait r� collections, voluntary collections; for the Camillus House and we put this 6A A six month basis and if the voluntary contributions; we would look it the end of the six thonths... F Commissioner De Yurre: is adequate. Commissioner Plummert No, I didn't say that. �r Commissioner De Yurret There's adequate spirit. Commissioner Plummer: We would look at the end of the six months and see 'c whether we want to extend it beyond that time. I think there's nothing to prohibit us from doing that, is there? Mr. Maxwell: No, sir, there is nothing. You... Mayor Suarezt Absolutely not. And we can certainly begin implementing that program as soon as feasible. All right, anything else? Mr. Maxwellt What you, in fact, would be doing, is changing the review period for this ordinance to six months instead of one year. Commissioner De Yurre: Well, let's give them the whole year. You know, the year passes like that. Commissioner Plummer: No, no, no. Camillus House is in dire need at the present time. Vice Mayor Dawkins: What? -dire need of moving. Mayor Suarez: Let's not argue, lady and gentleman, we've got three or four other items we have to get through today. Commissioner De Yurre: Obviously, they're not providing razors... =? Mayor Suarez: Six months or a year, whichever. Just... Commissioner Alonso: One question. When you're talking about the distance, you are talking about the other action that we took the other day, right? Mr. Maxwell: That's correct. ? Commissioner Alonso: And you're just connected the two. I think that the intention of this Commission at that particular time, was 750 in one and it was 1,500 in the other as the County had. Commissioner De Yurre: Twenty-five hundred. Mr. Maxwell: No, no, 2,500 in the other. Seven fifty in one... 5; Commissioner Alonso: No, because the original request as presented to us by the administration was 1,500, remember? So it was not to increase it, but to leave it at the 1,500. That's my understanding. Mr. Olmedillo: That is correct, but the... T Mr. Maxwell: That's right. Mr. Olmedillo: The motion, though, was g passed as an ordinance was 2,500 with similar, identical licenses and 750 dissimilar. That was the and result of everything. Commissioner Alonso: Why are we mixing these two? I Mr. Olmedilloa No, watts not, we're not trying to. _ L Mr. Maxwells No, it was 2;500 before. r Mr. Rodrigueet He's taking that out because it shouldn't be. 'That i s whir he was saying in the re+eord, that... Commissioner Alonsos My understanding, when I voted for that# and I did iti - favor at that time, it was that it was going to be 1,500 and ISO. it was rAy understanding. So, if I have that confusion, maybe some other members of this Commission will have the same. that can we do about it? Mr. Maxwell: if - we can... Commissioner Alonso: And, Commissioner De Yurre, was the author of the motion 5 f at that particular time. Mr. Maxwells We can take a look at the ordinance to find out exactly... my recollection is that it's 750 and 2,500. If that is, in fact, the case, we... Commissioner Alonsos What gave you the idea that it was 2,500 when, in fact, we were talking about 1,500? Mr. Maxwell: Well, no, what I'm saying is, I don't know if that occurred. We —_ can review the record, the transcript, the tapes and see if that occurred. If so, we'll bring it back to you for subsequent action. But it would have to be noticed and it would require, at that point, an ordinance change. " '= Commissioner Alonso: Yes, it puts me in a funny situation because I voted no on this one and now we are mixing two things and... Commissioner De Yurre: Well, we're excluding it... - Commissioner Alonso: ...you know, we would like clarification and if not, it will have to come back to us. Mr. Rodriguez: We're excluding it. Mr. Maxwell: That's correct. Commissioner Alonso: No, I don't want to affect anything... Mr. Rodriguez: No, no, no, no, but... Commissioner Alonso: I wanted this to pass and I know they have the vote, so I don't want to complicate the other one. So, keep it as such, but then if F= our intention was 1,500, it will have to come back to us. Right? Mr. Maxwell: Yes, ma'am, we'll review the record. zt� Commissioner Alonso: OK, fine. Fine with me. Mayor Suarez: All right. All those provisos and understandings, I'll entertain a motion or do we already have one? We have one. { Commissioner De Yurre: We have already a motion and a second. _ Mayor Suarez: Read the ordinance then, please. Ms. Hirai: We need a second, Mr. Mayor. Just need a second. Mayor Suarez: We need a second. Commissioner De Yurre: No, we have a second. Vice Mayor Dawkins: Second, let's go. Mayor Suarez: Read the ordinance please. Call the roll. 268 JOY 201: 1,b.14 AN ORDINANCE AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-3 OF THE CODE OF THE CITY OF MIAMi, FLORIDA, TO ALLOW PACXAGE LIQUOR STORES TO OPEN FOR BUSINESS ON SUNDAYS DURING CERTAIN HOURS; TO EXTEND THEIR HOURS OF OPERATION ON SUNDAYS IN DECEMAER; TO REMAIN OPEN ON CHRISTMAS EVE AND NEW YEAR'S EVE UNTIL MIDNIGHT; SUBJECT TO SIX MONTH REVIEW; FURTHER, BY CLARIFYING SECTIONS 4-9, 4-11, 4-12, AND 4-13; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of June 28, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10772. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALLS Mayor Suarez: I guess I'm trying to be consistent. This is the one we did vote no on, right, Commissioner Alonso? Yes. Commissioner Alonso: Right. Mayor Suarez: I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Vice Mayor Dawkins: Mr. Mayor.... Mayor Suarez: Yes, Commissioner. Commissioner Plummer: Wait a minute, I w- Mayor Suarez: Vice Mayor Dawkins. Commissioner Alonso: Oh, come on, no. Mayor Suarez: Vice Mayor Dawkins is reco Commissioner Alonso: Let's move. itrrawiai.iv..Y.ti.ii.ivasitsts-.icrr.W,v3+c�Yaa.s.cta➢,bri.ii.i��w�:.�y:.'ro:iQ.i.s.:rr:�YiWiaYl.m:.csa:raoc r.wla'�:iGJrccc.ila:afad.cYYCY'..Wr.1-r�caiiil;.wi.atiril�rii�l -•. '.. 55. CITY COMMISSION IXTUNDS HkARTFELT THAWS TO R PARSSNTATIVS 81USAN SR VRO btLIVEARD TWO CMSC'tt5 TO THE Chit PROVIDING STAYS FUNDS IN CONNICTIM WITH DNSIONATSD CITY PROJECTS. ----�Y+iii.r.Y.--------w..w—W� anrw,lY4�rwYirwYw�i.r.ib��t�.�:�4iia .- ...�inIF+Y iii i'�W:`W.ii`:i1LJ4iw:ili�irril.arWwYYraYrLW' t .-. ,•. ... 'vice Mayor Dawkins We have representative Susan in the hall. Would she �- stand? Mayor Suares: Susie Guber, Vice Mayor Dawkins: And she also, as I said before, it was a complete Dade delegation effort. Senator Gordon's aide was in here and he took complete credit for having gotten us the money for the free zone, and I let him knowi that it was a complete Dade County effort. '- Mayor Suarezt And your grant that you got for us, Representative... she was - told, by the way, to be here at 9:00 on the dot, and she was here ten minutes before, what she understood to be 9:00 on the dot, and I guess we meant 9:00 A.M. You got here at 9t00 P.M., and I was going to try to take a couple of more zoning items which we really should get to, but briefly, Representative, we want to thank you for monies obtained and you might want to give a quick description of the two that you were handing to us today. a— Representative Susan Guber: Right, there were two issues that came before the Dade delegation this year and they were at the top of your agenda and they were at the top of mine. And there are two funds that I did not think we - could get money for because it was such a tight legislative session, however, we were able to get $50,000 for Virrick Park and $75,000 for the Coconut Grove Family Health Center. And I know, Mr. Mayor, and Commissioners, that this is _ something that you really care about. And so I'm here to present you with the two checks for th t ;,• ose wo projec s. Mayor Suarez: OK, very good. ^' (Applause) PP Mayor Suarez: I guess you could say, all's well that ends well. They're both - w` in my name and I'll be happy to deposit them. Ms. Guber: And let me say just one more thing that the full Dade delegation, I've vice chair, really did yeoman job of funding many of the projects in the City of Miami. One was, we got 475,000 for Marjorie Stoneman Douglas' house > in Coconut Grove. That puts us over the top. We can now buy that and she will have that living will... ri _ INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Guber: OK, we got the cities and schools which is something else that you '- wanted very badly. That was $175,000. And last, but not least, Coconut Grove = Playhouse we wound up with $91,000. Mayor Suarez: Very good. V: Ms. Guber: So it wasn't so bad, it wasn't a bad legislative session because ` the City of Miami came out quite well. Thank you for letting me speak. Mayor Suarez; And a representative accompanied by Bill Oliver, who is not runningfor anything at this point._ �z �= Commissioner Plummers Yes, he is. y3 �r �1. 270 July 20,19t# a77 l. 3iiiGfiwYl�liitb'�ii�ii�ii�3�L•"CidriiCifliiYrii►it3liii..Y-��4iii+fr.Yu�IW�iWL/3,ii�Y.iO4Yitfiiiif.i�li/.c:iii.�iJltSii-,:.ra..e.•.-.iii:fiNliLilGt4iit•`•.. `••�WiYiiS'iYi1 .;._ 66. APPROVE VACATION AND CLOSURE Of' TWO EAST -VEST ALLEYS LY3140 WITHIN WESTERLY HALF OF BLOCK BOUNDED BY M.H. 1S AND 19 STREETS, BISCA'Jt a; BO tVAAD, AND N,S, 4 AVENUE (AS CONDITION OF APPROVAL OP THNTATIVI PLAT #1580 CHINATO WN) (Applicant: Miami Chinese Community Center Ltd.),k — .nse...r�:.4acawrrsu,•_----rrw....Y�.rG:a�t�.tii:..:r6.w..i.itrw.i..1.Qrs.s:rrr....+.r.a.i:.upsr.wr.3r.'.w�.r.►rft..rrsYarc.-• __ ..-._u,, ,..Wsa�af�aYii�a4arfs+ilY► r .:, ;i Mayor Suarez: Item - Mr. Shih's item. Item 16. And we're going to try to get through the rest of these very quickly, please. What is this about, Guillermo? I know that he's been waiting all day and this is a major project that would be delayed for God knows how long. Sixteen, PZ-16. Mr. Guillermo Olmedillo: Official vacation and closure of two alleys in the Omni area. Commissioner Plummer: Sixteen? — Mr. Olmedillot Yes, vacation and closure of the two alleys. Mayor Suarez: OK, is this one of those kinds of items that we typically and traditionally, not as a compulsory matter, get some sort of a contribution? Mr. Dick Foesman: Mr. Mayor, my name is Dick Foesman and I have been working _ with Mr. Shih for... Mayor Suarez: Ah. Mr. Foesman: ...sometime. Mayor Suarez: I've heard that name before around these parts. Mr. Foesman: You know, I looked around here earlier, if we could have — found... — Mayor Suarezx Since you were here, we must swear you in to make sure you tell the truth. Mr. Foesman: I am registered as a lobbyist. Mayor Suarez: And, Madam City Clerk, would you swear him in? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. r 4 y: Mr. Foesman: I looked around a little earlier, if we could have found two more old assistant city managers, we could have a basketball game. I saw Humberto here a while ago. And with Cesar and two more, that would have been five of us. - Mayor Suarez: Get to the issue of the money. Mr. Foesman: Oh. Yes. Mr. Shih does recognize that there is a tradition of making a contribution...— Mayor Suarez: And a great deal of need. Mr. Foesman: ...to worthy projects within this community. I also want to: point out, that Mr. has spent two years on this project, has.already invested significant amounts of money. The hardest part of a real estate.deal is the upfront money, as you well know. He is prepared to contribute 45,,000 -- rx to the City of Miami for your consideration. Mayor Suarez: This goes into the discretionary fund... Mr. Foesman: Into the discretionary fund. -= �v Mayor Suarez: ...that we've been trying to set up and for which we never get an accounting from staff, OK. Presumably, the money kind of eir, did you want to be heard against? 271 JO 20 '199,0 t bts 9. Henry Valentine, Jt,t -t6o, Thank you Very much, Mayoti Mayor Suarazi Did you swear him in? Please sweet him ift4 Me, Hirais I thought it had been at the same time. Would you raise your hind please. AT THIS POINT THS CITY CtXPX ADMINIST2PSD PSQUIRED OATH UNDSk ORDINANCE R04 10511 TO THOSS PIRSON9 GIVING TESTIMONY ON THIS ISSUE. Dr. Valentines Mayor Suarez, members of the Miami City Commission, ladies And gentlemen., Thank you very much for the privilege of speaking to your My name is Dr. E. Henry Valentine, Jr. I'm a doctor of medicine. I have my office at 1848 N.R. 4th Avenue... Mayor Suarez: You're the one that delivered some people in the Doran Jason family? Dr. Valentinet You bet your sweet bippy, I sure did. Mayor Suarez: OK. Dr. Valentine: They're pretty cuts kids too, bless them. Mayor Suarez: I know that the closing of some of these alleys affects your ability to enter into your office. Is that what... Dr. Valentine: They certainly do. Mayor Suarez: OK, but you still have, I presume, that huge big street there, 19th Street to get around there, don't you? Dr. Valentine: Nineteenth Street is on one side. Mayor Suarez: Uh huh. Does your property front on 19th Street? Dr. Valentine: It does. Mayor Suarez: OK. M Dr. Valentine: I would like to make mention of some of the things that bear upon this. I've written a letter to the Miami City Commission and if I may; would like to read It into the record. Mayor Suarez: Well, paraphrase it if it's long, either way. We'll accept the actual letter into the record, but if you just sort of give us a synopsis of what It says or... Dr. Valentine: All right. I think that I must convey these thoughts so that we can fully understand what's happening. I'm dealing with this closure of these two alleys. It is requested hereby that this application be denied for the following reasons: One, Isaac Shih in his application for public hearing before the zoning board made a statement that in false. A statement of monumental proportions. Isaac Shih states, quote, "The undersigned, being the owner, or representative of the owner of the property two east west alloys lying in the westerly half of block bounded by U.S. 18th and 19th Streets Biscayne Boulevard, N.H. 4th Avenue." This statement was made under oath, bu� the statement is not true. It's absolutely false. The plot of Miramar 2 clearly states, quote, "The streets, avenues, drives, boulevards and alleys indicated upon said plat are hereby perpetually dedicated to the free use of all purchasers of lots contained In the above described plat. This clearly shows that the allefi ys indicated upon said plat, Miramar, those under discussion here today, are perpetually dedicated to the free use of all purchasers of lots contained in the above described plat. This pr ,oven conclusively that Isaac Shih does not own the two east want alloys boqaus the alloys are perpetually dedicated to the free use of all purchasers cif Lots contained In the above plot. 1, for one, own lot one, block six, Miramar. The name block in which the two oast want alloys Are located, I b ve a von too: a right in theme alloys. Isaac Sbih does not represent me, There are, mapy. other property owners In the Miramar section as shown on the plat. 14040 -shlb, does not represent the vast majority of theme property owners, shown on the Miramar plat, and his statement is false. It should be emphasized tb-4t 04 July, 204��ti xq W! Sq__ N _. free use of the alleys is dedicated perpetually forever to the owners of the lots contained in the Miramar plat. A copy of the Miramar plat is attached hereto and is incorporated as a part of this request and all rights and dedications conveyed by said plat and deeds to the purchasers and owners of = said lots, are asserted again and are reserved and are made part of this document. Three, the City of Miami, in its Plat and Street Coin ittee and the Department of Public Works considers alleys in Miami to be private and to be privately held by the owners of the lots as plainly declared on this plat of Miramar. These alleys have been used by all the purchasers of lots in the above described plat and for the use of their clients, customers, patients, and friends for more than 74 years. The correct and proper legal status has been maintained, five, vacation and closure of the alleys as described above, would be most injurious and harmful to the owners of lots in the Miramar section as described above because it would deny access to and the use of these alleys by the owners and their clients, customers, patients, and friends. Six, vacation and closure of the alleys as described above, would be most injurious and harmful to the owners of lots as described above because they have equity, vested interests, and rights in the land shown in the alleys described above. We paid for that equity, we paid for those vested interests, we paid for those rights. This equity, this vested interest, these rights, _ -_ cannot be taken away from us legally by the use of force. This would be contrary to the law of the United States of America, the law of the State of Florida, and the ordinances of the City of Miami. It must be brought out that _ these alleys constitute downtown Miami commercial real estate and it is quite — valuable. We paid for our rights, equity, and vested interests in that land. Seven, vacation and closure of the alleys as described above would be most injurious and harmful to the owners of lots in the Miramar section as described above because it would deny access to these areas by the Fire Department, the Police Department, utilities such as gas, electrical, water services, waste disposal services and telephone services. This deprivation — and lack of access would constitute a very real, present, and continuing threat to the life, property, and general welfare of the owners of lots _ contained in the above described plat of Miramar. The right to use the alleys = is perpetually dedicated to the owners of the lots in Miramar. If our use of this land, if our equity, our vested interests, and our rights in these alleys and the land were to be taken forcibly from the owners of lots in Miramar, the above described section of Miami, such action would constitute a criminal act. - It would virtually amount to stealing. The Miami City Commission cannot and _ will not take part in any such criminal activity. I hereby respectfully request the Miami City Commission to deny this application for the vacation and closure of the above described alleys. This request is made for all the =— reasons enumerated above. I make this request in the name of all the owners and purchasers of lots in the above described plat and in my own name as the owner of the property described as lot 1, block 6, in the above described plat, Miramar. This is the very block under consideration here and now. Thank you very much. Mayor Suarez: Thank you, sir. Thank you, doctor. Doctor, just one last question. — Dr. Valentine: Yes. Mayor Suarez: What was the name in that plat that you have, 1920 some plat, of 19th Street? Dr. Valentine: Miramar. M-I-R-A-M-A-R. Mayor Suarez: OK, what were some of the other names? --if you remember, right around there? Dr. Valentine: Havana, several names in South America. J. 4- Mayor Suarez: That's the one that came to mind. Dr. Valentine: I thought it might... Mayor Suarez: I just want to keep that for future reference. We have people here that come and object to our changing the names of certain streets and they don't like them to reflect Hispanic traditions and so on. ,And it's: interesting that that one was named Havana way back in 1920 some. Since then, we changed it to 19th Street or one of the other ones. 0 Dir. Valentine: Another, Vedado, Savilla... Mayor Suarez: Vedado. Dr, Valentines Sevilla. Mayor Suarez! As in 81 Vedado. Dr, Valentine: Many other very delightful names which are very interesting. Mayor Suarers 'Thank you, mirk In Coral Gables, they think that. Somehow, in the City of Miami, for some reason, a lot of people object to it when we give them - can't figure it out... Anyhow, thank you. Thank you, Doctor. a. Dr. Valentine: Thank you so much. Mayor Suarez: All right, Commissioners, on the item. F Commissioner Plummer: Well, I guess we got to ask legally, based on what the doctor has stated, he's saying that we legally can't act on this and what does the City Attorney say? Mr. Maxwell: Mr. Mayor, members of the Commission, those are very serious charges that have been lodged. He's alleged that Mr. Shih in fact, has filed a f alse application. If, in fact, that application is filed by Mr. Shih indicates that he owned land that he did not own, but then the plat would be invalid and this board could not act on it. I would suggest to you that the only way to resolve that issue would be by virtue of a title search. I'd either have Mr. Shih conduct the title search to prove that property included in the plat is, in fact, his and free from all claims and encumbrances. Mayor Suarez: I didn't understand it to be a challenge of the record title, I didn't understand it that way. Mr. Maxwell: No, no, he's saying that the plat, Mr. Shih - when he filed the plat, said that he owned land that he did not own entirely. In fact, the doctor... Mayor Suarez: Are you able to disprove that, Dick? Mr. Foesman: We have an opinion of title. Correct. It will be coming to you with the final plat. The final plat will be presented to you on your first meeting in September. Mayor Suarez: He stated at the time of the submission of the plat that he was the owner, what? -in his own name or... Mr. Maxwell: Yes. I don't know. These are allegations that have just been made. Dr. Valentine: I don't wish to accuse... Mayor Suarez: No, wait, wait, wait, doctor, wait. Mr. Shih was the applicant for the plat change, was he not? -in our records? Mr. Maxwell: Correct. Mr. Foesman: And owner of the property is correct. Mayor Suarez: OK. Do you have any indication, Mr. City Attorney, that he was not the owner at the time? Mr. Nowell: No, I'm saying to you that the allegations have been made. If, in fact... Mayor Suarez: I heard the allegations. I didn't understand them the way you did, frankly, but I heard then:. Now, if you understand them the way you slid, are you able to prove that - either now or prior to us taking any definitive action on that - that, in fact, he was the record owner at the time of the application. That's all. r 274 t July 2C 19991 Aff, d _ T *,� k K' x v. w`z c Mr. yoeeman: I am prepared to prove that4 t will also indicate that thirelft . an allegation that's bash made. I would suggest that the doctor file a etaplaint in proper fora, and if you - if this results in a delay of Mr, ghih's project because of a false allegation, we're prepared to go after the doctor for ek+pe lees incurred during this delay. I mean, this is a serious i�►sue thit ae we're raising here. :.. Mayor Sua rose That may be, but What we have to decide in that the Applicant for the plat is someohe that is coming here with clean hands and giving us all the correct information. And you're prepared to prove that before the City z taken any final action, I don't think there's any problem with us6.. 4 Commissioner Plummer: Well, the other question that I had of the alley t ' closures, did I understand the doctor to say that his property is one that is ;tom contiguous to the alley closure? Mr. Foesman: Well, if he said that, he's incorrect, sir._ Commissioner Plummer: Well, I'm asking that. i Mr. Foesman: Because we are changing... Dr. Valentine: I did not say that. I am in the same block and these other alleys... =. Commissioner Plummer: Well, let me ask it another way, of the department. Are the alley closures - Sergio - are the alley closures in their entirety asked for by both alleys, is this Mr. Shih the one hundred percent owner on —_ both sides? Mayor Suarez: Well, just answer the Commissioner's question before... t'- Commissioner Plummer: What did you take over? Look, there's two alley closures. Mayor Suarez: Does he own the property on both sides of the two alleys that ; are being closed?' x Commissioner Plummer: Does he own the property on both sides of the alley on t- both of the alleys that are requested? Mr. Rodriguez: The answer, according to my staff is, yes. Mr. Prieto is� here, Director of Public Works, is charge of the Planning and Street Committee - that can tell you exactly the answer, the answer that has been given me, says — yes. r. Commissioner Plummer: On the record. Commissioner Alonso: He owns all of the blue? 3: �~ Mr. Prieto: He owns on both sides of the alleys, yes. t° Commissioner Alonso: I see. le Commissioner Plummer: Of all of the alleys that are being proposed to close. Air Mr. Prieto: The alleys he's requesting. Yes, air. z Mr. Rodriguez: The alleys he is requesting. Commissioner Alonso: If a person lies when preparing a plat, in fact that is ` �"- illegal and the person is the one losing all of the rights acquired through B P g g 9 B - >" the plat. Is that so? , At"-Al Mr. Maxwell: If he misrepresents the facts in the application for the plat, 'r. someone could challenge and go to court and have the plat invalidated. The .' burden would be on that person... gh Commissioner Plummer: But didn't you say that the best way to handle it i k that we approve it subject to a title search? } f .' A ,r W J 275 Jul. 24, L140 r "Rt.+�.. , q' ; ty om' P C Mr. Ma"ali! 'Mo, air, i was sayingi if you. i. one of the thinigs that You hould do would be to defer the item, get a title search and coffee back: Than the question would be resolved by the time you act on it. Commissioner Plumers Wall, why couldn't we attach that as a condition? Mr. Maxwells Secausa I would not recommend that you piece conditions on the Plat. What you could do at this time, staff has indicated that the applicant Lot in fact, the property owner. The property owners attorneys are indicating '�- that they have an abstract that says that they are the owner - of title, I'm sorry, that says the are the owner of the y y property, this Commission can in= it's discretion vote to approve the plat. Commissioner Plummer: And so, if, in fact, that there is a discrepancy, then the doctor would have to go to court. Mr. Maxwell: That's correct. Commissioner Alonsos This is not a final plat, this is a tentative, right? Why can't we attach that then? Mr. Foesman: This is an alley... Mr. Maxwell: There's a closure. Commissioner Plummer: It's a closure. Mr. Maxwell: You're closing. Commissioner Alonso: But, I read here, it still is tentative plats, right? - Mr. Maxwell: But you're closing the streets and then the plat would come back. Commissioner Alonso: To include... Mr. Foesman: There are two actions being taken. One, this evening which is, hopefully, an alley closure. The second at p y� y , your first meeting in September, .— a final plat and at that point, you will be presented with an opinion of title showing that Mr. Shih has title to all of the areas adjacent to the alleys'. Commissioner De Yurre: All right, I'm going to make a motion yet. r Mayor Suarez: OK... 4 .r Mr. Foesman: Now, I would respectfully request that you act this evening on the alley vacation...- Mayor Suarez: I think we're about to do that if you give us a chance, Dick. _s. Commissioner De Yurre: Mr. Mayor, going on the record that has been presented to us in the application, it shows that the applicant is the owner of the G property in question, I move to approve this item. Commissioner Plummer: Second. z_ Mayor Suarez: So moved as to PZ-16 and seconded. Any discussion? If not, r please call the roll. f sw i Pt 276 July 2 ah Y The following resolution was introduced by Commissioner De Turrb, who T,., moved its adoptions RESOLUTION NO. 90-639 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE Or THOSE TWO BAST i WEST ALLEYS LYING WITHIN THE WESTERLY HALF OF THE BLOCK BOUNDED BY NORTHEAST 18TH AND 19TH STREETS, BISCAYNE BOULEVARD, AND NORTHEAST 4TH AVENUE= ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO 1380 - "CHINATOWN". r (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ' Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: - AYES: Commissioner Victor De Yurre is Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso '1 Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez - NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Dr. Valentine: Could I make one comment before the vote? Mayor Suarez: One final comment, doctor. Dr. Valentine: This plat which I presume - I read it to you before - it says a_ the streets, avenues, drives, boulevards, and the alleys indicated upon this - plat are hereby perpetually dedicated to the free use of all purchasers. Mayor Suarez: That's correct, Doctor. Doctor, you said that before. -They °l are perpetually dedicated. a Dr. Valentine: I didn't mean to repeat myself. I simply meant to say that`^ this plat... Mayor Suarez: I understand. You can introduce that... ? Dr. Valentine: ...conveys title as I understand it, to all of the owners of {Ei lots. Mayor Suarez: Not quite, but you can introduce that into the record. I guess it says perpetually because the implication is that it is not for .a term.°of years. That it's perpetually, unless the City takes action otherwise. The person has to deed that so the streets can be built. OK, we have a motion and a second. Any further discussion? If not, please call the roll. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Foesmans Thank you. Commissioner Plummer: Good night, Irene. Mayor Suarez: I think we're about to be adjourned, either de facto or de jury, and we're sorry, we tried the best we could. 3_ Robert Traurig, Esq.: Mr. Mayor, may I call your attention to the fact that the reason that the 3s00 o'clock items haven't been heard is that your took up 5:00 o'clock and 6:00 o'clock items and the 3:00 o'clock items which don't have any opposition have been sitting here for five hours, six hours, waiting to be heard. Mr. Maxwells You don't have a quorum, Mr. Mayor. rr 277 July " t Mr. Makwalls Mr. Mayor, you did not continue the items..i Mayor Suarez: We can't take any action, so... Mr. Maxwell: ...you have Items on that are left hanging. Mayor Suarez: Find the a Commissioner. Mr. Maxwell: We need a Commissioner to continue the items. Mayor Suarez: You guys are great for stating problems that we've got* you.re not very good at solving any of them. You got a lieutenant there, ask the lieutenant to go find somebody so we can at least continue the items. The City administration is particularly helpful towards the end of these Commission meetings. Mr. Rodriguez: Mr. Chairman, we don't control the meeting. The Commissioners left. Mayor Suarez: Well, but you can help me in trying to at least keep a quorum. You info ' rm me of all the problems throughout the day and you don't solve very many of them. We're just going to try to vote on continuing the items so that we don't leave everything in a limbo. Mr. Traurig: Sir, if you... Commissioner Plummer: Is there a motion to continue? Mayor Suarez: Yes. All the items that are pending. Moved by Commissioner Plummer. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Traurig: May I suggest, Mr. Mayor, that you poll to find out how many., items don't have any opposition? You may be able to get through this whole agenda in less than three minutes. Commissioner, what we've been saying is, that the reason that these 3:00 o'clock people haven't been heard in that the 5:00 and 6:00 o'clock... Commissioner Plummer: Is Flannigan's buying dinner? Mr. Traurig: Yes, I am. Mayor Suarez: Sounds like a bribe to me. I don't want to get into this. Well, you know, we've got three of us. They're subject to... Well, let me ask one question. Is there anybody Commissioner Plummer; here in opposition of any of them? Mayor Suarez: Let the record reflect no one except Lieutenant Longuaira back.:. there waved his hand or anything, and he was kind of doing it in a different spirit. Commissioner Plummer: How many items are you talking about? I don*t know?ti How many items are left? Mr. Rodriguez: We have about 20 items or so. Commissioner Plummer: Twenty? No, no, no. Mr. Rodriguez: You can decide on which one you have a position by asking then and then... Commissioner Plummer; Let's have a lottery. I'll sit for three more. UNIDENTIFIED SPEAKER: I'd like to respectfully pay our's vos the 4eXt one 04 the agenda, on the 300 o'clock agenda. We're items 4, 5# aisd 6, We gre, July 10 a y r i; Cotauniasioner Plumart Mr. Mayor, the only reason I would consider ataying a little bit longer bbdausa it to the last meeting: — F r tfNIDSNTIFISD 8I+SAftAt Oh, 3, 41 and 5 are ours. a .. � Mayor Suareat 10all, we're going to take them in order for as long as Mre have a quorum, 2 R dW n . a 87. SECOND READINti OOINANCB (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)t AMEND MCNP FUTM LAND USE MAP = CHANGE LAND USE DESIGNATION AT 120-186 S.W. 'j 13 STREET, 1315-1325 S.W. 2 AV9= FROM OFFICE TO RESTRICTED COMMERCIAL (Applicantst A.S. Quinton, Jr., et al). rk. .. �IW6siWYli.IWYYrwiiYiYawYorii.YYY.I�w.r--�Y��----�—rM�wi.��—Lr--�wi--Y—err—..rr...i�iiY.r�Yi--i��iL ••.—.__.iw—"-�.i�+ ; f��C_ Mayor Suarezt Item three was the next one? UNIDENTIFIED SPEAKER: Right. Mr. Sergio Rodriguez: Three. Mayor Suarez: I'll entertain a motion on PZ-3. Commissioner Plummer: Is that an in-house? I won't hear any... Mr. Rodriguez: No, it's a second reading... Mayor Suarez: No, no, no, it's got to be something that people are interested in please. Commissioner Plummer: Somebody has got to give me an agenda. Mr. Rodriguez: Here. It's a second reading. y: Mayor Suarez: PZ-3, second reading of Miami Comprehensive Neighborhood Plan, 3c presumably at the recommendation of Planning. Approved by Planning Advisory Board, 9 - 0. No one is here to speak against this. Let the record reflect... Commissioner Plummer: Who's here to speak for it?" Mayor Suarez: Raise your hand if you meant to speak for it, on PZ-3. There was somebody on PZ-3, I hope. ?�f Mr. Rodriguez: Right. Mayor Suarez: All right. Move the item, please, somebody. ,k Commissioner Plummer: Do I hear any voluntary proffers? Mayor Suarez: This is the entire Miami Comprehensive - oh, no, it isn't. rry Mr. Rodriguez: PZ-3 is an amendment to the plan and PZ-4 is a zoning atlas amendment. UNIDENTIFIED SPEAKER: And five also is sponsored by the Planning Department. Mayor Suarez: One twenty to 186 S.W. 13th Street and 1350... Mr. Rodriguez: And PZ-5 is also the... Mayor Suarez: J.L., if we're going to take them, we'd better ,dust take them } and not delay them in any way, please. Moved by Commissioner Alonoo, n. Commissioner Plummer; Second. Mayor Suarez: Seconded. Read the ordinance. Call the roll. f s F 279 July;. 20 _10to G 5� .:,.,...ram. AN ORDINANCE AN ORDINANCE AMENDING THE 1TJT"U LAND USE MAP OF ORDINANCE NO. 105449 AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989--20001 FOR PROPERTY LOCATED AT APPROXIMATELY 120-186 SOUTHWEST 13" STREET AND 1315-1325 SOUTHWEST 2ND AVENUE (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM OFFICE TO RESTRICTED COMMERCIAL; MAILING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 15, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10773. 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. 88. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 ATLAS AT r 120-186 S.W. 13 STREET, 1315-1325 S.W. 2 AVENUE FROM RO-3/7 TO CR-2/7 (Applicants: A.E. Quinton, Jr., at al). f Mayor Suarez: Companion item, PZ-4. Commissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: the roll. AN ORDINANCE - Moved, seconded. Any discussion? Read the ordinance. Cali AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 1315-1325 SOUTHWEST 2 AVENUE AND 120-186 SOUTHWEST 13 STREET, MIAMI, FLORIDA (.MORE PARTICULARLY DESCRIBED HEREIN), FROM RO-3/7 RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 15, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following votes { r ;x 280 July 20, 199,0 S D e T r— r ti h ATIM Commissioner 1, L. Plummar, Jr. Coese1e616ner Miriam Alonao Mayor Xavier L. suares Wore: bone. }r, ABSENT; Commissioner Victor be T'urre t Vita Mayor Miller 3. Dawkine. THE ,ORDINANCE..WAS:._bESICMATED.(ORDINANCE N0. 10774. .,. The City Attorney read the ordinance into the public record and Tr announced that copies were available to the members of the City Commission and to the public. { • '. tlY.rWwYiLiLwYY�-_••.._>rYrWY.i��firr. Lrr... rY.rr..�r�.i+Yir.rrrrr�.ri�rrr�ri��rr��.liiiYrbYrY.Y P ' 89. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 11000 ATLAS AT 120-186 S.W. 13 STREET AND 1315-1325 S.W. 2 AVENUE FROM O' TO C-1 �= (Applicants: A.E. Quinton, Jr., et al). � Mayor Suarez: Which is the next item we have interested parties other than -:; planning? Commissioner Plummer: Julio, stay here. ;.' Mr. Guillermo Olmedillo: Three, four and five, companion items. .. Mr. Sergio Rodriguez: Already done. - ;. Mayor Suarez: Companion item. `. Joel Maxwell, Esq.: No, no, not five. Mayor Suarez: PZ-5.. Mr. Maxwell: Five. Mr. Rodriguez: Five. Mayor Suarez: I'll entertain a motion on five, also a companion item. - Commissioner Plummer: Move it. Mayor Suarez: Moved. r Commissioner Alonso: Second. +_ Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.` Call the roll. - �- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE ,. NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW T— ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS=: AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF= APPROXIMATELY 120-186 SOUTHWEST 132% STREET; 1315-1325 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM 0-OFFICE To C-1 ; RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY t MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF h � ; SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND *;? SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner k Alonso and was passed on its first reading by title by the following vote: r :S1 dul► E4.9! : '- r s ; s S r AVSS: Comissioner J. L. Plutemer, Jr. :, Coftiasioftbr Miriam Alonso Mayor Xavier L, Suares NOES: None. ABSINT: Commissioner Victor to Yurre „ Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. UNIDENTIFIED SPEAKER: 'Thank you for your consideration. rrr..wrr..ry..rr..rrrw.r.rrrrr.ar.ra....�..nor.rr...rrarw�...r.r�.r..rrrrrrr—.rr.rrrr—.r—�—.�rw.rrc.w.�wrr..rr..r.r - ,_ +�a 90. MAKE FINDING THAT ALL CONDITIONS AND LIMITATIONS IMPOSED UPON SPECIAL 7� EXCEPTION GRANTED BY RESOLUTION 89-589 (ALLOWING CONVERSION OF EXISTING ,t BAR TO SUPPER CLUB WITHOUT LIVE ENTERTAINMENT AT 2721 BIRD AVENUE) HAVE BEEN COMPLIED WITH (Applicant: Castlewood Realty Corp., Inc.). Commissioner Plummer: I move seventeen. Joel Maxwell, Esq.: Move, seventeen. Mayor Suarez: Item 17 has been moved. Commissioner Alonso: Second. Mayor Suarez: Second. Any opposition? not, please read the ordinance. Commissioner Plummer: Seventeen. Mayor Suarez: Call the roll rather. Commissioner Plummer: A resolution. Mr. Maxwell: Yes, it's a resolution. Anyone wish to be heard against? If The following resolution was introduced by Commissioner Plummer, who moved its adoption: hx RESOLUTION NO. 90-640 A r.. A RESOLUTION FINDING THAT ALL CONDITIONS AND LIMITATIONS IMPOSED UPON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION NO. 89-587, ADOPTED JUNE 22, 1989, WHICH ALLOWED FOR THE CONVERSION OF THE EXISTING BAR TO A SUPPER CLUB WITHOUT LIVE ENTERTAINMENT FOR PROPERTY LOCATED AT 2721 BIRD AVENUE, MIAMI, FLORIDA, HAVE BEE COMPLIED WITH, AS REQUIRED. (Here follows body of resolution, omitted here and on file is the Office of the City Clerk.).4_ Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. 202 r July 20 090 ,, '.' ii[iL'""""i.ii4iiil�'-;..• •••". iY1iakiYYiiYifili9i�..wiaiGGsiY.�3:iC:ii.•:_:.•.•'ai{:iYifYJiilik3siwir�:V�B.iY•"�LYnw`..'"•. .`•. •-1is.ilYaiiiiLi.iryGiGi�. ` . .: ... ..... . ... a .. _.. _ -., ..._.... _..___.. .,_.: .. ... A: g1. FIRST RubtuG ORDINANCE (MIAMI COMPREHENSIVE NEtMORHOOD PLAN) r ANAND MCNP rtfT LAND USE PLAN MAP - CHANGE LAND USE DESIGNATI09 01► BLM BOWED BY N.B. 50 TERRACE AND MA. 51 STREET BETWEEN M.B. 2 AVEIM AIM N.E. 1 COURT noM SINGLE FAMILY, MEDIUM DENSITY MULTIPIA-PAMILY RESIDENTIAL AND WTRICTUD COMMERCIAL, TO MAJOR PUBLIC PACILIfiIISr t TRANSPORTATION AND UTILITIES (Applicant: planning Department). :y.....—rr.........��.i�L�,....Li—d..�i.....Lr..r iu�....v.,n....w...:.,.-------...i...—«...—..�.i.i.yr.r...::....a+....+.w.y.,...w Mayor Suar6zi Items 10 through 14 are companion items. Right, Bob? Robert Traurig, Esq.: Yes. Mayor Suarez: OK, I'll entertain a motion on PZ-10. Commissioner Alonso: Ten? — ;z= Mayor Suarez: Does anyone wish to be heard against item 10? Let the record reflect no one stepped forward. -. Commissioner Alonso: Moved. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Mr. Maxwell: I'm sorry, which number is that? Commissioner Alonso: Ten. Mayor Suarez: PZ-10. UNIDENTIFIED SPEAKER: Mr. Mayor, I've been here since ten minutes to three on. Mayor Suarez: I just wanted to know which was your item, sir? '. UNIDENTIFIED SPEAKER: Six, seven, eight, nine. } Mr. Maxwell: This is PZ-10. Mayor Suarez: Right. Call the roll on ten. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE MO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY s- NORTHEAST 50TH TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 1ST COURT, - MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND RESTRICTED COMMERCIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY V CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer and was passed on its first reading by title by the following votes :,..rat y AYES! Comiseioner J. L. Plummer, Jr. Commiesioiier Miriam Alonso a Mayor Xavier L. Suarez = e molts Moh+i. ASSENT: Commissioner Victor De Yurre Vice Mayor Miler J. Dawkins. x� The City Attorney read the ordinance into the public record and announced that copies Were available to the member# of the City Commission and x, to the public. F ' ; rw.rr.rw.rarwrwr�.wwrrwa.rrrw�.witi.--.r r.r----.a...w.r. 92. FIRST READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN): AMEND r MCNP FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION OF BLOCK BOUNDED BY N.B. 52 STREET AND N.S. 52 TERRACE BETWEEN N. MIAMI AVENUE AND N.H. MIAMI PLACE AS EXTENDED AND REMNANT PARCELS TO THE SOUTH WEST Or N 8: MIAMI PLACE FROM SINGLE FAMILY AND DUPLEX RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Planning Department). -------------- --------- -------------------------- ----------------------------- Mr. Sergio Rodriguez: Eleven. Mayor Suarez: Px-11 is a companion item. We're going to try to get back to six, seven, eight, and nine before Commissioner Plummer leaves. Commissioner Plummer: What's eleven? Commissioner Alonso: Companion item. Mayor Suarez: Companion item. Mr. Rodriguez: Miami Jewish Home for the Aged. Commissioner Plummer: Was there a voluntary thing that you would like to talk about? Robert Traurig: On item 14, sir, we would like to make a contribution of $10,000, which I have in my brief case. Commissioner Plummers We're talking about eleven. x- rx Mr. Rodriguez: It's a companion item. _ Eleven, which is the Miami Jewish Home and Hospital for the Aged Mr. Traurig: which I.... Commissioner Plummer: No, no, no, I would not do that. Commissioner Alonso: No. Commissioner Plummer: Someday I might turn Jewish. Mayor Suarez: OK, on item 11, we have a motion, do we? Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? It not, please read the ordinance. Call the roll. 284 E ;fi,,.. Y4 AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY NORTHEAST 5IND STREET AND NORTHEAST 52ND TERRACE BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI PLACE (AS 'EXTENDED) 'AND REMNANT PARCELS TO THE SOtJT WEST 01+ NORTHEAST MIAMI PLACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY AND DUPLEX RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Yr•t r;A -- - ---- ---------- ------ - ---- --- -- ----- - ------ 93. FIRST READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN): AMEND MCNP FUTURE LAND USE PLAN MAP - CHANGE LAND USE DESIGNATION AT 35-57 N.E. 52 TERRACE AND 30-58 N.E. 53 STREET FROM MAJOR PUBLIC FACILITIES TRANSPORTATION AND UTILITIES TO DUPLEX RESIDENTIAL (Applicant: Planning Department). Mayor Suarez: The next one was the companion item, next one was 12. R Commissioner Alonso: Twelve. N� Commissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 35-57 NORTHEAST 52ND TERRACE AND 30-58 NORTHEAST 53RD STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO DUPLEX RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED 4 AGENCIES; CONTAINING A REPEALER PROVISION AND SEVE RABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Comins oner .. Alonso and was passed on its first reading by title by the fallowing votgi e kr 285 July 264 1990 t 77 ... '' i :4s1 4s aN" a r r 3 z n= AYES: Commissioner J. L. Plummer, Jr. .k Ceffinissiofter Miriam Alabso ,.. M&y. of Xavier L. SuArbb NCE$: None. ABOSHT: Cttmissioner Victor De Yurre i Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and s� announced that copies were available to the members of the City Commission atad to the public. n z d: ' rrrr__Ii.—r—_rrr.ru.air:rrY.._arrr+rYWiY.w.Bi.Yi :-.., 94. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 11000 ATLAS ;_�.� DESIGNATION OF BLOCK BOUNDED BY N.B. 50 TERRACE AND N.B. 51 STREET , BETWEEN N.S. 2 AVENUE AND N.E. 1 COURT FROM R-1, R-3 AND C-1 TO GjI (Applicant: Planning Department). ___---------____—__M------____ Mayor Suarez: Item 13, companion item, Commissioner Alonso: Moved. Mayor Suarez: Moved. } Commissioner Plummer: Second. Mayor Suarez: Seconded. Read the ordinance. Call the roll. fr AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS Y AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR THE BLOCK BOUNDED BY NORTHEAST SOTH TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST Y` 1ST COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE FAMILY, R-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT INSTITUTIONALI BY MAKING FINDINGS; ry AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 16 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION `iA AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer and was passed on its first reading by title by the followingg-votes E AYES: Commissioner J. L. Plummer, Jr. f Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. t y_ ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. j: The City Attorney read the ordinance into the public record and announced that copies mere available to the members of the City Commission and to the public. 200 SWVRr ,i. �, i J �. .. iY{YIY�aYiila'Y -" ..— "-`•,:'"•"o--`..•`_.•..": - ". •,• "-�sL:"spa'i�iiiiifGLii�i{i�lilrilwi�iti.'�IIJiYl••-•, ..• .., "riti�is" "NYC. •....�.:;.•. iiiiGfilYi��:Ni _W.. .V * 03, FIRST READING ORDINANCE! (ZONING ATLAS AMENDMENT) : AMMO 11000 ATLAS FROM R-4 P01t 996 S.W. 49 AVM AND R-2 FOR 4901 N.W. 5 tITMT, TO C-1 (Applidaat: planning Department). :; :i.i.t • •...- r.Lr.rw.iYcy+.r..a:.fWw:w:...i.�iw.i.r..a.r.i..r+4.rr.r.ur.+r...w.w:.�.air...r:i.a:r—r,r.r.cw.rra+:c:cw.rw+.i:—" ." ,-6".1Y . Mayor Suarez: And the final companion item on that is 14? a Mr. Sergio Rodriguez: No, 14 is not related. °y Commissioner Alonso: No, no, no. Robert Traurig, Esq.: No, 14 is not a companion item. I'd like to reaffirm F that we want to make a contribution of $10,000 to the City in connection with Commissioner Alonso: Good, i move. £` ti Mayor Suarez: OK, so we have a motion and a second. We have a voluntary proffer. No, we don't have a motion and a second, do we? Please, moire it. Commissioner Alonso: Second. Mr. Jorge Fernandez: And this is a first reading which means that that would be made effective before second and final reading. Correct? Mr. Traurig: Yes, that's true. x Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED- G= AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER .4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS 5, AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 596 NORTHWEST 49TH AVENUE AND 4901 NORTHWEST STH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-2 .TWO? FAMILY RESIDENTIAL (FOR APPROXIMATELY 4901 NORTHWEST 5TH STREET) AND R-4 MULTIFAMILY HIGH DENSITY '$- RESIDENTIAL (FOR APPROXIMATELY 596 NORTHWEST 49TH { AVENUE) TO C-1 RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 31 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner { Alonso and was passed on its first reading by title by the following votes }, AYESs Commissioner J. L. Plummer, Jr. Ye Commissioner Miriam Alonso Mayor Xavier L. Suarez h= ' r " NOES: None. c ABSENTS Commissioner Victor De Yurre ` Vice Mayor Miller J. Dawkins. e The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and s' to the public.#' COMMENTS MADE DURING ROLL CALLS s- 2 F= Commissioner Plummer; No, wait, wait, wait. Didn't I have a problam with this before? K7y: Fcir k_ k k t x f 1}X Mr. duillsrmo 01*641lot You Massed this item before on the 000. cleanup item into 11O00. Commissioner Plumeet Uhat was my concern about the back propertyl Commissioner Alonsor You wanted it to be the parking lot exactly rather property and we discussed that. the neighbors tame. Commissioner Plummor: That's in there how? Commissioner Alonso: Yes, and We make some... Mr. Triurigi We have a covenant to that effect. Mr. Olmedillo: Right. Commissioner Alonso: Yes. Commissioner Plummers And the City Attorney's satisfied the covenant is complete? Mr. Olmedillo: It vas satisfied on the 9500. What you can do is have the same covenant apply to this change. - Commissioner Plummers Is that for the record, apply to this new application? Mr. Traurig: Yes, sir. t �; Commissioner Plummer: I vote yes. 96. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 ATLAS - "" CHANGE FROM RS-2/2 AND RO-3/6 TO CG-2/7, RETAINING A ONE FOOT STRIP NORTHEASTERLY OF, PARALLEL TO AND ABUTTING, THE NORTHEASTERLY RIGHT -OF- WAY LINE OF DELAWARE PARKWAY IN EXISTING RS-2/2 AND RO-3/6 ZONING _ (Applicant: Planning Department). Mayor Suarez: PZ-6 through nine. There's no one here against? Raise your hand if you're here against PZ-6 through nine. If not, I'll entertain a { motion on PZ-6. Commissioner Alonso: Move. Mayor Suarez: Moved. R Commissioner Plummers Second. =�s Mayor Suarez: Seconded. Read the ordinance. Mr. Fernandez: Coming. Commissioner Plummer: So is Christmas. '. Mayor Suarez: Call the roll." J.: Commissioner Plummer: And you're sure that... wait a minute, you're sure - ". there's nobody here in objection to this? I notice by record that there were — seven against by mail and two at the meeting. t i•. u R —s Mr. Fernandez: You know, Joel, you can help. `. Mr. Olmedillo: That in correct and you have a letter under item seven is the ". backup of the item you have several letters, forts letters, which Vero signed ' by neighbors in the area against it. Commissioner Plummer; For? F Mr. Olmedillo: Against it. � 4a - 2$$ July 2+$ 1#1 f 9_ �T Commissioner Alofthos 80, do you think... Mayor Suirtat The PAS reeoftsehded favdrably on that too, by A unasliMotie *ote, Mr. Olmediiios The PlanningAdvisor board recommended a y approval, the Planning ?_ Department recommends approval. Commissioner Plummer: And is there a voluntary statement that you would like to make! =; UNIDENTr1rIED SPSAKERs Yes, sir, we have volunteered a deed to the City of fx Miami for certain land that is involved in the next two items, that is eight and nine. The City declined to accept that, but they have told us they would` accept an easement for conservation purposes across the land that we own and would continue to own that would perpetually dedicate that land for the archeological zone that the City is g y proposing. "- Commissioner Plummers Does that sound like what I normally like to hear? Mr. Rodriguez: I think that's part of what you said, but I'm not sure. Mayor Suarez: All right, it sounds close enough. and a second. Did you call the roll? AN ORDINANCE ENTITLED - On PZ-6 we have a motion AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF A 19 FOOT STRIP OF LAND ABUTTING APPROXIMATELY 1701-1991 DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RS- 2/2 ONE FAMILY DETACHED RESIDENTIAL AND RO-3/6 RESIDENTIAL OFFICE TO CG-2/7 GENERAL COMMERCIAL, AND RETAINING A 1 FOOT STRIP NORTHEASTERLY OF, PARALLEL TO AND ABUTTING, THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DELAWARE PARKWAY IN THE EXISTING RS-2/2 AND RO-3/6 ZONING; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. `. z., ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. ` The City '"Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: I'm still scratching my beard on that one. }S meµ= 289 July 26* 1990 t —w��i.it7Y.W1'i+YiYlyii.r,„ +ili'iw. wYn+iVc.3.��.li " a►w4.wia:�:ari++ta.isi.it+w.o.a.�cra..r— �' _ —� t a. 01. FIAST 'MAING 00INAN (ZONING ATLAS AMENDMENT) s AMD 11000, ATLAS MOM R-1 AND 0 TO 0-2 RETAINING A ONE FOOT STRIP N0RTHHA9T111tF `6Fj PARALLEL TO AND ASVTTI912t THE NORTHEASTERLY RIOT -OF -WAY f LINN: ' DELAWAI PARKWAY IN EXISTING R -1 AND 0 ZONING. (AFPLIOANTt Planh'i .. , Department) .` k _•"• > .. - iH1i.i.iti�,fiYb.iLW+WaY:1.Y.i.Yid.'rritlYtlOLiUw�O..�r..I.i.i.Y..r.rY� rW.l.i�Y�bYii.i+iiWtii�.brim.iiWi.rWi1r1W�WiY..WW`L.Y.IwilYl..ir�1 ": 4 F<.. Mayor Suarez: Oft Pz-7, companion item. - Commissioner Plummer: Yes, move it. Mayor Suarezi Moved. Seconded. A<' Commissioner Alonso: Second. l ;r Mayor Suarez: By Commissioner Alonso. Read the ordinance. Call the roll. r AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF A 19 FOOT STRIP OF LAND ABUTTING APPROXIMATELY 1701-1991 DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE FAMILY RESIDENTIAL AND 0-OFFICE TO C2-LIBERAL COMMERCIAL, AND RETAINING A :- 1 FOOT STRIP NORTHEASTERLY OF, PARALLEL TO AND = ABUTTING, THE NORTHEASTERLY RIGHT-OF-WAY LINE OF x DELAWARE PARKWAY IN THE EXISTING R-1 AND 0 ZONING; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVE RABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None.° •t ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that conies were available to the membars of the city Cnmmiasinn and f i 08. FIRST READING ORDINANCE (ZONING ATLAS AMUNDMENT): AMEND 9580 ATLAS APPLY MC-1 AND RETAIN UNDERLYING ZONING DISTRICT AT 2810-2916 N:ii, 8 AMR DRIVE AND THAT SECTION Olt THE NORTH FORK Or THE MIAMI AMR LOCATED AL0140 THR SOUMAMILY PROPERTY LINE OF 1851 DELAWARE PAMAY � (Applicants Planning Department). Mayor Suarez: And the second and last companion item on that is PZ-8. I'll 4 entertain a motion... F Commissioner Plummer: Move it.: Mayor Suarez: Moved. ry Commissioner Alonso: Second. Mayor Suarez: Second. Read the ordinance. Commissioner Plummer: Now we're going home. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE MIAMI RIVER RAPIDS ARCHEOLOGICAL ZONE: APPROXIMATELY 2810-2916 NORTHWEST SOUTH RIVER DRIVE AND THAT SECTION OF THE NORTH FORK OF THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF.1851 DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); INCORPORATING THE DESIGNATION- REPORT; MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and $- x to the public. I TS py rl lwi�' t T ... U •G 99. FIRST READING ORDINANCE (ZONING ATLAS AMIA MT): AMA 11000 ATLAS APPLY HC-1 AND: RETAIN UNDARLYINa ZONING DISTRICT AT 9010-20 6 N.W. 90M RIVIR DRIVE AND THAT 8ECTION OF THE NORTH FORK OF THE MIAMI hIVIR LOCATED ALONG THE SOUTHUSTBRLY PROPERTY LINE OF 1851 DELAWARE PARKWA1t (APPLICANT: PLANNING DEPARTM �u .--------- ..._ ---iLr...-wirb--iiili:Y..i.iiYNiW.lilli,i.....M.U. Mayor Suarers And final PZ-9. Commissioner Alonso: Move. Commissioner Plummer: Second. Mayor Suarez: Commissioner Alonso. Seconded. Read the ordinance. I just t want a.report on 15 to figure out if it can be done or not. Call the roll. AN ORDINANCE ENTITLED- - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS - AMENDED, BY APPLYING SECTION 710, HC-1: GENERAL USE - HERITAGE CONSERVATION OVERLAY DISTRICT TO THE MIAMI RIVER RAPIDS ARCHEOLOGICAL ZONE: APPROXIMATELY 2810- 2916 NORTHWEST SOUTH RIVER DRIVE fti'D THAT SECTION OF THE NORTH FORK OF THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851 DELAWARE PARKWAY, MIAMI FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; INCORPORATING THE DESIGNATION REPORT; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner { Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre F: Vice Mayor Miller J. Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. �= 100. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP ON THIS DATE TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 27, 1990. r §d:re 4?4_ Mayor Suarez: On PZ-15 which is the only one in this whole group up to 17 that we didn't handle. What is the problem, if any? Mr. Guillermo Olmedillo: This is an appeal to a decision by the Zoning Board to deny variances on Fa piece of property. The applicant has a lot coverage which is more than its allowed by the ordinance. The side yards and the rear F'=: yards are intruded into by the structures that were built. And I'd like to... Commissioner Plummer: They got a dour inch setback when a 16 foot Is required. Mr. Olmedillo: The Zoning Board decided to deny the appeal to I meaty the variance and the applicant is appealing to you. a; n k 292 July 264 1�9� �j 3 Mayor Suares: Nowo if i having explained what this items about, if it becomes controversial, is there anyone that wishes to be heard against this itamt against the application? is there anything that staff wants to tell us that %re should maybe delve into this at a later time more in depth and not try to decide it today? Mr. Olmedilio: The item is in front the Code Enforcement Board and it was already heard by the Code Enforcement Board and found guilty - to correct the violation before August 5, 1990. And if they fail, it's a $250 per day... Mayor Suarez: This is your recommendation that we continue the item until they correct all that at least before we take any action on it or not? Mr.. Olmedillo: This is what they're trying to correct by fighting the application. Mr. Sergio Rodriguez: They're trying to correct it for a variance. UNIDENTIFIED SPEAKER: Excuse me, Mayor, all the violations have been corrected. May I say something? Mayor Suarez: No, no, in fact, we haven't even sworn you in yet, if you're going to say anything at all. I'm just asking if it makes any sense for us to continue the item before we make our final minds up or not? -or should we just go ahead and act on it? Commissioner Alonso: It is my belief that in order to give them a fair chance, it should be a full Commission. Mr. Rodriguez: Five Commissioners. That's the only thing that you want. 1 IN A Commissioner Alonso: Because if by anything goes wrong, that's it. So I think that it's best that they have a full Commission so they would have all chances. Five people is better... - Mayor Suarez: With current violations of this item, you might lose. Anyone of us might get a little upset when we hear what all this is about and you might lose, or all three of us might vote against, so I'll entertain the - motion to... Mr. Rodriguez: But it might be important for the record they understand that the Code Enforcement Board action stands. Mayor Suarez: Yes, in fact he claims that in a statement that really could not be entered into the record without being sworn in that they've corrected this. So, if that's not the case... Mr. Rodriguez: This is a correction. Mayor Suarez: No, no, they've corrected it before the action today. That's what he says. Commissioner Alonso: How? Mayor Suarez: I don't know, I don't know. Anyhow, we will want a report on all of that. Can we continue the item? Does it make sense to it? The Commissioners seem to think that it makes sense, so we'll entertain a motion to continue this item along with all the other items that were not handled today for September 27th. Commissioner Plummer: So move. Commissioner Alonso: What item is that? Mayor Suarez: I thought we handled everything related to item 25, Commissioner Alonso: What? by y Mayor suarets Ail right, We'll leave out of this motion 26, 27, 26 jubt for a second and vote on all of them ezoept for those three items. OkI UNIDI8NYIFIND SPNAXEltt Mr. Mayor, may 1 say... Mayor Suareet No, 1 don't recommend it because you're going to lose the �rsy you're going. You hive a shot at it if you convince them that you're going to comply in the future and if you convince this Commission maybe with a full Commission, with all five of us, that you're entitled to this. Olt? Commissioner Alonso: .6626, 27p 28, I really think it should be a full Commission as well. Mayor Suarez: Do k y you think that for twenty.... .;. Commissioner Alonsot I think so because of... Mayor Suarez: Olt, Commissioner Alonso is saying that we should move to continue all of them because you may not get what you want today with the three of us that are here. So that's verywise advice on her part. So, we're continuing all the items, the motion embodies all of the items that are left. Moved and seconded. Call the roll. — The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-641 A MOTION CONTINUING ALL ITEMS NOT TAKEN UP IN TODAY'S AGENDA TO THE NEXT PLANNING AND ZONING COMMISSION MEETING SCHEDULED FOR SEPTEMBER 27, 1990 Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins. TBBRE BEING NO FURTHER BUSINESS TO COMM COMMISSION, THE NESTING WAS ADJOURNED AT 9:30 P.M. Xavier L. Suarez M A Y O R Matta Hirai QIle CITY CLOM �....1 Valter J. Fossan lj♦ ASSISTANT CITY CLERIC 294 J �r BEFORE THE CISr PA iX4 CITY OF MIAMI DOCUMENT INDEX UM I NO MM DULY 26 a 1990 PAW ft 1 of 5 AMEND RESOLUTION 89-288 - PROVIDE FOR ERECTION OF A PRE- FABRICATED GUARDHOUSE STRUCTURE ON BELLE MEADE ISLAND. ACCEPT PROPOSALt FLORIDA INTERNATIONAL SYSTEM, INC. - FOR FURNISHING COPIERS AND ACCESSORY EQUIPMENT - FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GRAPHIC REPRODUCTION DIVISION. ACCEPT BID: SAVIN FLORIDA, INC. - FOR FURNISHING COPIERS AND ACCESSORY EQUIPMENT - FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GRAPHIC REPRODUCTION DIVISION. ACCEPT BID: AERO TIRE CO. - FOR FURNISHING TIRE RECAPPING SERVICES TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BIDS: (a) DOWNTOWN RADIATOR SERVICES, INC. (b) CHARLIE'S AUTO GLASS, INC. - FOR FURNISHING RADIATORS AND GLASS REPAIRS TO GSA DEPARTMENT. EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENT WITH WYNWOOD COMMU- NITY ECONOMIC DEVELOPMENT CORPORATION, INC. ($25,000) - TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. EXECUTE AGREEMENT WITH NORA SWAN - FOR PROFESSIONAL SERVICES RELATED TO PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTI- VITIES FOR THE ENHANCEMENT OF FILM, TELEVISION AND RECORDING INDUSTRIES IN THE CITY, DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD - AUTHORIZE PRE- PARATION OF A DRAFT F.R.P. FOR A U.D.P. FOR IMPROVEMENT, EXr. PANSION AND MANAGEMENT OF MIAMI MARINE STADIUM - SET PUBLIC HEARING. AUTHORIZE SUBSTITUTION OF A RESERVE ACCOUNT SURETY BOND FOR CASH Dig DEPOSIT IN THE RESERVE ACCOUNT TO SECURE CITY'S OUT- STANDING SPECIAL REVENUE REFUNDING BONDS (SERIES 1987) APPROVE DELIVERY OF SUPPLEMENTAL TRUST INDENTURE, ETC.. ACCEPT PLAT: 602•COMPLEX ESTABLISH PROPOSED I+MILLAGE RATE FOR THE CITY FOR FISCAL YEAR OCTOBER 1, 1990 - SEPTEMBER 30, 1991 - INSTRUCT MANAGER TO SUBMIT.SAID PROPOSED MILLAGE RATE TO DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO ESTABLISH PROPOSED MILLAGE RATE OF .5 MILLS FOR DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR OCTOBER 1, 1990- SEPTEMBER 30, 1991, AUTHORIZE TRANSFER OF $350,000 TO DOWNTOWN DEVELOPMENT AUTHORITY AS ADVANCE PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY BEFORE END OF 1990-1991 FISCAL YEAR, 90-566 90-567 90-568 90-569 90-573 90-574 90-581 90-583 - 90-584 Ai'I'NoRI'zE CC)NTRACT wm MiAMI CAPITAL DEVELOPMENT INC. - TO INCREASE THEIR EXISTING REVOLVING LOAN FUND BY $690,000 AND TO PROVIDE $250,000 FOR THEIR ADMINISTRATIVE OPERATIONS (DULY 1, 1990 - JUNE 30, 1991) - FROM 16TH. YEAR COMMUNITY DEVELOPMENT BLACK GRANT FUND. APPROVE ISSUANCE OF HOSPITAL REVENUE BONDS, SERIES 1990, BY THE MIAMI HEALTH FACILITIES AUTHORITY (PAN AMERMAN HOSPITAL CORPORATION PROJECT) ($15,000/000) APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO.1 TO PROVIDE THAT A CITY COMMISSIONER SHALL SERVE EX OFFICIO WITHOUT COMPENSATION AS MEMBER AND AS CHAIRPERSON OF THE OFF�STREET PARKING BOARD - CALL FIR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1990. APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO. 2 TO PROVIDE FOR THE REMOVAL OF PROVISIONS FROM THE CHARTER DEALING WITH CITY COMMISSIONERS' SALARIES - PROVIDE FOR EMOLUMENTS FOR OFFICES OF MAYOR AND COMMISSIONERS - STIPULATE THAT COMPEN- SATION IS TO BE FIXED BY ORDINANCE. CALL FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1990. CLAIM SETTLEMENT: GEORGE HYMAN CONSTRUCTION COMPANY ($388,000) SUBJECT TO EXECUTION OF RELEASE BY BOTH GEORGR HYMAN CONSTRUC- TION COMPANY AND MIAMI CENTER ASSOCIATES, INC(CENTRUST TOWER AND PARKING GARAGE). ESTABLISH A CAREER CRIMINAL PROGRAM - ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. EXTEND EXISTING AGREEMENT WITH RAYMOND JAMS & ASSOCIATES, INC. AND HOWARD GARY & COMPANY TO PROVIDE FINANCIAL ADVISORY SERVICES TO THE CITY. ACCEPT FAWINGS AND REPORTS ON ORANGE BOWL STADIUM AND ITS PROPOSED IMPROVEMENT PROGRAM, AS PERFORMED BY URBAN ARTHITECTS, INC, JDESIGN TEAM AND CONSULTANTS), UNDER INITIAL PHASE OF DESIGN FOR PROJECT: ORANGE BOWL MODERNIZATION - PHASE II (404238) - RATIFY MANAGER'S ACTION AUTHORIZING SAID FIRM TO PROCEED WITH DESIGN EXECUTE AMENDMENT TO AGREEMENT REDUCING SCOPE OF PROJECT AND DESIGN FEE - ENDORSE MANAGER'S FINDING OF AN EMERGENCY IN PROCUREMENT PROCEDURES, INCLUDING INSTALLATION OF NEW INTEGRATED SCOREBOARD AND SOUND SYSTEM; TO BE COMPLETED FOR THE 1990 COLLEGE FOOTBALL SEASON, etc. ESTMISH CITYWIDE CRIME PREVENTION EDUCATION PROGRAM (LAW ENFORCEMENT TRUST FUND) $210,000 AMEND RESOLUTION 86-665 r ALLOCATE ADDITIONAL $300,000 TO CONTINUE ACTIVITIES OF THE FORFEITURE FUND DETAIL (LAW ENFOR- CEMENT TRUST FUND) APPROVE FUlaDING OF THE MIAMI COALITION f'OR A DRUG -FREE COMMUNI- TY PROGRAM (LAW ENFORCEMENT TRUST FUND), APPROVE PURCHASE OF A FILM VIDEO PROCESSOR, TWO FORENSIC OPTICAL COMPARATORS, A PREFAB PROCESSING STRUCTURE, AND A FACSIMILE TlNSEITTER (LAW ENFORCEMENT TRUST FUND - $20,000) EXCUTE PROFESSIONAL SERVICES AGREEMENT WITH POSITIVE THOUGHT ENTERPRISES FOR PROVISION OF TWO EXECUTIVE STAFF AND TRAINER SEMINARS FOR POLICE DEPARTMENT (LAW ENFORrCENiENT TRAINING TRUST rram') . 'zF PADS..._ 2_...._0 �..S__..__ v�L1Ya1Wi�0 90-585 90-586 90-587 90-589 90-590 - 90-592 90-593 90-594 e APPROn FUNDING Opt DO THE RIGHT THING PROGRAM (LAW ENFORCE* MENT TRUST FUND) APPROVE PURCHASE OF PROGRAMMABLE RADIOS AND ACCESSORIES (LAW ENFOAMDUM TRUST FUND). ACCEPT $20,000 FROM METRO -DARE DEPARTMENT OF JUSTICE ASSISTANCE FOR DEPOSIT INTO SPECIAL REVENUE FUND: THE INTERCULTURAL SEN- SITIVITY TRAINING FUND PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES FOR ADMINISTRATION OF A SURVEY TO ASSESS THE NATURE AND EXTENT OF PROBLEMS BETWEEN COMMUNITY AND POLICE DEPARTMENT. APPOINT INDIVIDUALS TO SERVE AS MEMBERS AND ALTERNATE MEMBERS ON INTERNATIONAL TRADE BOARD (Appointee were: Stuart Sorg= Bill Messett, William Alexander, Rafael Diaz-Balard, Rafael Garcia Toledo, Tony Zamora, Howard Gary, Saturnino E. Lucio, II, Leslie Pantin Jr., Manny G. Gonzalez, Omar Diaz Salinero and Osmundo Martinez; Alternates: Kishor Parekh, Tony Muniz, Dwayne Wynn, and Waldo Castro). APPOINT MEMBERS TO PRIVATE INDUSTRY COUNCIL (PIC) (Appointed weret Elizabeth Reyes -Diaz, Billy Hardiman, Willy Ivory and Tito Gomez) . APPOINT INDIVIDUAL TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (Appointed was: Elio Cruz). APPOINT INDIVIDUAL AS MEMBER OF HEALTH FACILITIES AUTHORITY (Appointed wast Gloria Rosello). APPOINT INDIVIDUAL TO SERVE AS MEMBER ON BOARD OF TRUSTEES OF GENERAL EMPLOYEES•AND SANITATION EMPLOYEES* RETIREMENT FUND. (Appointed was: Krista Woods). REAPPOINT AND APPOINT INDIVIDUALS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY (Reappointed were: Jeffrey Bercow, Doran A. Jason, William M. Klein, John Lowell, Jr. and Douglas Mckinnon; appointed were: Henry A. Adorno and Annette Eisenberg). EXPRESS CITY OF MIAMI'S OPPOSITION TO DADE COUNTY ORDINANCE 90-73 AS IT RELATES TO DIVISION OF CABLE TELEVISION LICENSE FEES BETWEEN THE COUNTY AND MUNICIPALITIES. WAIVE COMPETITIVE SEALED BIDS REQUIREMENT - APPROVE PURCHASE OF POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL (SOLE SOURCE VENDOR) - TO PROVIDE INTEGRATED SOFTWARE SYSTEM TO OPTIMIZE POLICE SCHEDULING AND DEPLOYMENT (LAW ENFOR- CEMENT TRUST FUND), RATIFY MANAGER'S FINDING OF EMERGENCY - WAIVE SALED BIDS RE- QUIREMENT FOR ACQUISITION OF SOD TO BE IN PLACE FOR FORMAL DEDICATION OF THE MILDRED AND CLAUDE PEPPER MEMORIAL FOUNTAIN IN BAYFRONT PARK. (PROJECT 331305) !ACCEPT BIDSt (a) FENCE CONNECTION, INC., AND (b) D.E. GIDI AND ASSOCIATES, INC. - TO FURNISH FENCING FOR SIX TENNIS COURTS AT TWO CITY PARKS - FOR PARKS DEPARTMENT - (CIP 313318). INSTRUCT MANAGER TO RELEASE $30,000 FROM 1989-90 BUDGET WHICH HAD BEEN PREVIOUSLY ..EARMARKED FOR THE KEEP DADS: BEAUTIFUL PRDGRAM. 777 RESOLUMS_ 901►601 s yr` 90-602 90-603 90-605 90-606 90-607 90-608 90,609 90-610 90413 90-614 90-615 ;x 90-617 y �s 90-610 .ti j' a 4 x-. �5 t% 1 � PEDULE FIRST CITY COMMISS70N MEETING IN SEPTEMBER TO TAKE PLACE ON SEPTEMBER 7TH, COMMENCING AT 9s00 AM GRANT REQUEST BY REPRESENTATIVES OF THE JAPANESE SPRING FESTIVAL FOR WAIVER OF ALL RELATED SURCHARGES FOR USE OF WATSON-ISLAND TO HOLD A FUND-RAISER. AUTHORIZE USE OF PORTION OF GRAND AVENUE PARK RECREATION 1: ' BUILDING BY THE GREATER MIAMI SERVICE CORPS FOR A ONE YEAR TRIAL PERIOD FOR PURPOSES OF CONDUCTING A JOBS PROGRAM. ALLOCATE $44,485 (16TH YEAR CDBG FUNDS), PREVIOUSLY APPROPRIATED, TO HAITIAN AMERICAN NATIONAL FOUNDATION - FOR PROVIDING A CULTURAL EDUCATION PROGRAM TO THE HAITIAN COMMUNITY - EXECUTE AGREEMENT. GRANT REQUEST FROM THE HAITIAN AMERICAN FOUNDATION FOR CLOSURE OF DESIGNATED STREETS CONCERNING THEIR SUMMER CARNIVAL. APPROVE A COMMUNITY DEVELOPMENT FLOAT LOAN ($300,000) TO MAGIC CITY ENTERPRISES - FOR COMPLETING CONSTRUCTION OF THE MIAMI RIVER INN HISTORIC BED AND BREAKFAST IN EAST LITTLE HAVANA - DEFINE TERMS. AWN, lfi� It 90-622 90-623 90-624 90-625 GRANT REQUEST FROM MORNINGSIDE NEIGHBORHOOD FOR A REDUCTION IN 90-626 THE AMOUNT OF THE REQUIRED BOND IN CONNECTION WITH IMPLEMENTATION OF A TRAFFIC CONTROL PLAN AND INSTALLATION OF TEMPORATY BARRI- CADES IN THEIR NEIGHBORHOOD. ALLOCATE $50,000 (16TH.YEAR CDBG FUNDS) TO REGIS HOUSE, INC.- It 1 90-627 TO ACQUIRE A BUILDING TO BE USED AS AN OUTPATIENT FACILITY : FOR DRUG ADDICTED YOUTH - EXECUTE AGREEMENT. GRANT REQUEST BY HANDICAPPED OF AMERICA, INC. FOR AUTHORIZATION ! 90-629 TO SELL ALCOHOLIC BEVERAGES AT MANUEL ARTIME CENTER IN CONNEC- TION WITH A CONCERT, WITH PROVISOS. - MAC FINDING THAT THERE IS NO NEED TO AMEND MIAMI COMPRENHEN- 90-634 SIVE NEIGHBORHOOD PLAN 1989-20DO TO INCLUDE THE WYNWOOD SAFE NEIGHBORHOOD PLAN FOR WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT. MAID; FINDING THAT THERE IS NO NEED TO AMEND MIAMI COMPRENHENSIVE 90-635 NEIGHBORHOOD PLAN 1989-2000 TO INCLUDE THE WYNWOOD SAFE NEIGH- BORHOOD PLAN FOR WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT. ;- RATIFY MANAGER'S EXECUTION OF MODIFICATION NO. 2 OF FLORIDA 90-636 - DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT WITH THE CITY PROVIDE FOR AN EXTENSION OF TERMINATION DATE. i3 1 RATIFY MAYOR'S EXECUTION (AS CHAIRMAN OF WYNWOOD.SAFE NEIGH- 90-637- BORHOOD IMPROVEMENT DISTRICT WYNWOOD SKID OF MODIFICATION ; s NO. 2 OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) S CONTRACT BETWEEN WYNWOOD SNID AND DCA a PROVIDE FOR AN EXTENSION OF TERMINATION DATE. APPROVE VACATION AND CLOSURE OF TWO EAST -WEST ALLEYS LYING + 90-639 WITHIN WESTERLY HALF OF BLOCK, BOUNDED BY N.E. 1S AND 19 STREETS + T. BISCAYNE BOULEVARD, AM N E. 4 AVENUE (AS CONDITION OF APPROVAL I OF TENTATIVE PLAT #1380 - CHINATOWN) Wliaant; Miami Chinese Community Center Ltd.) W i Rrt. 9= FINDING THAT ALL CONDITIONS AND LIMITATIONS IMPOSED UPON SPECIAL EXCEPTION GRAIMD 13Y IMSOLUTION 89-587 (ALLOWING CON- VERSION OP EXISTING BAR TO SUPPER CLUB WITHOUT LIVE ENTERTAIN- MENT AT 2721 BARD AVENUE) NAVE BEEN COMPLIED WITH (Applicant: Castlevood Realty Corp., Inc.) tAolof i OWN" ire'.