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CC 1990-03-08 Minutes
AIF-"m q IL WWII war A OF MM I NG HELD ON _ __ - MARCH 8, 1990 REGULAR PREPARED SY THE OFFICE OF THE CITY CLERK CITY WALL MATTY HIRAI City Clerk Elm V, INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA MARCH 8, 1990 i ITEM SUBJECT LEGISLATION PAGE NO. NO. �1. _ PRESENTATIONS, PROCLAMATIONS, ^ AND DISCUSSION 1 -� SPECIAL ITEMS. 3/8/90 2. ACCEPT BID: MERCY OUT -PATIENT CENTER - R 90-173 2-3 FOR FURNISHING HEPATITIS B 3/8/90 IMMUNIZATIONS - FOR FIRE DEPARTMENT. 3. PRESENTATIONS, PROCLAMATIONS, AND DISCUSSION 3 SPECIAL ITEMS. 3/8/90 4. GRANT REQUEST TO DONATE TO THE CITY OF R 90-174 3-4 CARACAS, VENEZUELA, A14D TO SANTO 3/8/90 DOMINGO, OBSOLETE CITY OF MIAMI SURPLUS FIRE DEPARTMENT HOSES. 5. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 4-.5 SECOND AMENDMENT TO EXISTING AGREEMENT 3/8/90 BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC. - CONCERNING IMPROVEMENTS FOR CITY -OWNED MIAMARINA, AND OCCUPANCY OF A PORTION OF THE FACILITY BY PIER 5 BOATMEN'S ASSOCIATION. (See labels 39 and 41). 6. CONSENT AGENDA DISCUSSION 6 3/8/90 6.1 APPROVE PURCHASE OF X-RAY MACHINE - FOR R 90-175 7 POLICE DEPARTMENT. 3/8/90 6.2 AUTHORIZE PURCHASE OF 14 LIFEPAK 10 R 90-176 7 DEFIBRILLATOR/MONITORS FROM PHYSIJ 3/8/90 CONTROL CORPORATION - FOR FIRE DEPARTMENT. 6.3 AUTHORIZE PURCHASE OF FIVE INCH FIRE R 90-177 7 HOSE AND ATTACHMENTS FROM SNAP -TITS 3/8/90 HOSE, INC. - FOR FIRE DEPARTMENT. 6.4 AUTHORIZE PURCHASE OF PETERSEN TL-3 R 90-178 7-8 LIGHTNING LOADER FROM HEINTZELMANIS 3/8/90 TRUCK CENTER TO BE USED FOR COLLECTION OF RECYCLABLE WHITE GOODS - FOR SOLID WASTE DEPARTMENT. 6.5 ACCEPT BID: FLORIDA BUSINESS SYSTEMS, R 90-179 8 INC. - FOR FURNISHING AND _INSTALLATION 3/8/90 OF ELECTRONIC FILING SYSTEM - FOR CITY CLERK'S OFFICE (PROJECT.' 311017). 6.6 ACCEPT BTD. GLOCK, INC. FOR R 90-180 FURNISHING FIREARMS - FOR POLICE 3/8/90 DEPARTMENT. 6.7 ACCEPT BID: M. VILA AND ASSOCIATES, R 90-181 INC. - FOR VEHICLE BARRIER AT MODERN 3/8/90 MIAMI POLICE DEPARTMENT (PROJECT 312015). 6.8 ACCEPT. BI➢: MINORITY SYSTEMS, INC., AND R 90--182 SEALAND CONTRACTORS, INC. - FOR 3/8/90 SWIMMING POOL RENOVATIONS AT CURTIS AND GIBSON PARKS. 6.9 ACCEPT BID: MCM CORPORATION - FOR R 90-183 SWIMMING POOL RENOVATIONS TO 3/8/90 MORNINGSIDE AND VIRRICK PARKS. 6.10 ACCEPT BID: BOYS ENGINEERING, INC. - R 90-184, FOR SOUTH FLAGLER SANITARY SEWER PUMP 3/8/90 STATION (B-5569). 6.11 ACCEPT BID: INTREPID THREE COMPANY R 90-185 (BASE BID "C" AND "D" - FOR 3/8/90 MODIFICATIONS TO FIRE STATIONS NO. 1, 4, AND 5. 6.12 ISSUE REVOCABLE PERMIT TO B A B-W R 90-186 INCORPORATED - FOR USE OF 4,000 SQUARE 3/8/90 FEET OF SPACE IN OVERTOWN SHOPPING CENTER. 6.13 AUTHORIZE ACCEPTANCE OF 28 DEEDS OF R 90-187 DEDICATION FOR HIGHWAY PURPOSES. 3/8/90 6�14 AUTHORIZE DESIGNATED STREET CLOSURES, R 90-188 PARTIAL USE OF STREETS, AND PERMIT SALE 3/8/90 OF BEER AND WINE DURING JUNIOR LEAGUE OF GREATER MIAMI'S "MIAMI MAGIC" FIVE - MILE RUN AND THREE MILE FUN WALK, AND PROGRESSIVE DINNER GALA FUND-RAISING EVENT. 6.15 CLAIM SETTLEMENT: LEONEL AND GABRIELA R 90-189 PAZ ($65,000). 3/8/90 7. (A) GRANT FUNDING REQUEST - DIRECT R 90-190 MANAGER TO ALLOCATE $25,000 CONCERNING R 90-191 THE NATIONAL ASSOCIATION OF COUNTY 3/8/90 ORGANIZATIONS CONFERENCE. (B) ALLOCATE $50,000 IN SUPPORT OF THE "SUNSHINE STATE GAMES". 8. (A) INFORMATION MANAGEMENT OF FLORIDA - R 90-192 FOR FURNISHING A 35MM CAMERA - (B) DISCUSSION LANIER WORLDWIDE, INC. - FOR FURNISHING 3/8/90 A MICROFILM READER PRINTER - FOR BUILDING AND ZONING DEPARTMENT - (C) CITY COMMISSION REQUEST MANAGER TO ALWAYS HAVE AVAILABLE A STAFF MEMBER TO ITEMIZE THE BUDGET, UPON REQUEST, BY LINE ITEM. 8.1 COMMISSION ALONSO DIRECTS MANAGER TO DISCUSSION ALWAYS CLARIFY, IN THE BACKUP PAPERWORK 3/8/90 FOR CONSENT AGENDA ITEMS, WHETHER A GIVEN VENDOR I'S LOCAL. 8 8 vj 9 9 9 10 10 10 11 11-13 13-15 16 9. EXECUTE PROFESSIONAL SERV_sCES R 90-1.93 AGREEMENTS: ( a ) STRATEGIC 3/8/90 INTERNATIONAL, INC., (b) LARRY WARD, AND (c) CARLOS Z,E-RVIGON - FOR PROVISION OF TWO TASK FORCE LEADERS MEETINGS AND EIGHT BOOSTER SESSIONS -- FOR POLICE DEPARTMENT. 10. GRANT REQUEST FROM FLORIDA CITY - R 90-194 DONATE 20 SURPLUS POLICE VEHICLES, 3/8/90 SUBJECT TO PROVISO. 11. BRIEF DOCUMENTS AND WITHDRWAL OF AGENDA DISCUSSION ITEMS 5, 15, AND 16. (CAMILLUS) 3/8/90 12. (A) DISCUSS AND DEFER CONSIDERATION OF DISCUSSION MIAMI SPORTS AND EXHIBITION AUTHORITY'S 3/8/90 FISCAL YEAR 1990 BUDGET TO APRIL MEETING. (B) CITY COMMISSION DIRECTS MANAGER AS FOLLOWS: (a) TO ALWAYS PROVIDE ALL NECESSARY BACKUP INFORMATION ON EACH AGENDA ITEM; AND (b) ANY FUTURE STAFF MEMORANDA ADVISING THAT: "ADDITIONAL INFORMATION IS BEING SENT UNDER SEPARATE COVER," WILL PROMPT AUTOMATIC WITHDRAWAL OF ITEM FROM THE AGENDA. 16-17 18-22 22-23 23-24 13. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 24-25 SECTION 14-2.7(b) - ELIMINATE 10714 REQUIREMENT THAT DOWNTOWN DEVELOPMENT 3/8/90 AUTHORITY BOARD MEMBERS POST $10,000 BONDS. 14. SECOND READING ORDINANCE: PROVIDE THAT ORDINANCE 25-26 TERM OF OFFICE A CITY COMMISSIONER MAY 10715 SERVE AS MEMBER OF ANY AUTHORITY, 3/8/90 BOARD, OR COMMITTEE BE SUBJECT TO ANI4UAL REVIEW (See label 16). 15. SECOND READING ORDINANCE: AMEND 10642 - ORDINANCE 26-27 INCREASE APPROPRIATIONS TO PROJECT 10716 ENTITLED "BAYFRONT PARK REDEVELOPMENT - 3/8/90 PEPPER FOUNTAIN" (PROJECT 331306). 16. (Continued Discussion) BRIEF COMMENTS DISCUSSION 27-28 CONCERNING SECOND READING ORDINANCE 3/8/90 REGARDING TERM OF OFFICE A COMMISSIONER MAY SERVE AS MEMBER OF ANY AUTHORITY, BOARD OR COMMITTEE (See label 14). 17. FIRST READING ORDINANCE: A14END 10642 - ORDINANCE 28-31 INCREASE APPROPRIATIONS FOR CAPITAL FIRST READING PROJECT ENTITLED "RENOVATION OF MANUEL 3/8/90 ARTIME COMMUNITY CENTER" (FROJECT 333083). 18. APPROVE INTERLOCAL AGREEMENT WITH CITY R 90-195 32-34 OF MIAMI - P.ERTAINING TO CITY'S 3/8/90 COMMUNITY REDEVELOPMENT BONDS, SERIES 1990 - AUTHORIZE PLEDGE OF TAX INCREMENT REVENUES. 19. AUTHORIZE ISSUANCE OF $22.000,000 OF R 90-196 CITY'S COMMUNITY REDEVELOPMENT RFVEMJE 3/8/90 BONDS, SERIES 1990, TO FINANCE COST OF ACQUISITION OR IMPROVEMENT FOR REDEVELOPMENT OF PROPERTY IN SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA, AND TO FINANCE REPAYME14T OF LOAN FROM U.S. DEPARTMENT OF H.U.D. 20. (A) AMEND AMENDED AND RESTATED GRAND R 90-197 PRIX AGREEMENT (OCTOBER 16, 1985) - M 90-198 PROVIDE FOR SECOND RACING EVENT ON 3/8/90 NONCONSECUTIVE WEEKEND. (B) DIRECT CITY ATTORNEY TO RESPOND TO ROUSE COMPANY'S REQUEST FOR REVIEW OF PROPOSED AMENDMENT TO GRAND PRIX AGREEMENT, CLARIFYING THEIR RIGHTS. 21. DECLARE U.D.P. AS MOST ADVANTAGEOUS R 90-199 METHOD TO DEVELOP CITY -OWNED PROPERTY - 3/8/90 AUTHORIZE PREPARATION OF R.F.P. FOR U.D.P. - SET PUBLIC HEARING TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT R.F.P. FOR DEVELOPMENT OF MIXED RESIDENTIAL/COMMERCIAL USES (MIAMI A.L. CNOWLTON BLOCKS 55N, 56N AND 45N) AUTHORIZE SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT COMMITTEE - EVALUATE PROPOSALS. 22. BRIEF DISCUSSION CONCERNING LAS PALMAS DISCUSSION CIVIC CENTER TOXIC WASTE - DISCUSS 3/8/90 POTENTIAL LIABILITY OF OIL COMPANIES. 23. AUTHORIZE REFUNDING OF SPECIAL M 90-200 OBLIGATION BONDS, SERIES 1985, AND 3/8/90 ISSUANCE OF SPECIAL. OBLIGATION REFUNDING BONDS, SERIES 1990 ($13,000,000). 24. BRIEF DISCUSSION CONCERNING RECENT DISCUSSION APPOINTMENT OF PAUL BELL AS 3/8/90 SUPERINTENDENT OF THE SCHOOL BOARD. 25. CITY COMMISSION EXPRESSES CONCERNS DISCUSSION ABOUT APPARENT POOR POLICE PROTECTION 3/8/90 IN VICINITY OF SPORTS ARENA. 26. APPROVE PURCHASE OF INVESTIGATIVE R 90-201 SUPPORT VEHICLE FOR POLICE DEPARTMENT. 3/8/90 27. EXECUTE AGREEMENT WITH MIAMI BUS BENCH R 90-202 JOINT VENTURE (D/B/A BUS BENCH 3/8/90 COMPANY) - TO MANUFACTURE, INSTALL AND MAINTAIN 1,500 BUS BENCHES, AND TO SELL ADVERTISING ON APPROXIMATELY 1,000 BUS BENCHES (See label 62). 28. AUTHORIZE AGREEMENT WITH PIECO MIAMI, R 90-203 INC. - TO PROVIDE PROFESSIONAL 3/8/90 ENVIRONMENTAL SERVICES CONCERNING REMOVAL OF TWO STEEL FUEL TANKS WITH SUSPECTED GROUNDWATER CONTAMINATION PROBLEMS AT FIRE STATION NO. 1. 35-43 43-46 46-47 47-5 2 53-56 56 51-58 58-59 59-61 61-62 2.9. APPOINT INDIVIDUALS TO SERVE AS MEMBERS R 90--2.04 OF OFFICE OF PROFESSIONAL COMPLIANCE 3/6/90 ADVISORY PANEL - RESCIND APPOINTMENT OF RALPH GARCIA TOLEDO, JR. (Appointed were: Mercy Rodriguez, Robert Blankenship, Annette Eisenberg, and Eladio Armesto, III.) 30. DISCUSSION CONCERNING PARKING PROBLEMS DISCUSSION IN VIRRICK GYM AREA - DIRECT 3/8/90 ADMINISTRATION TO TAKE STEPS. 31. CONFIRM ASSESSMENT ROLL FOR R 90-205 CONSTRUCTION OF FLAGAMI SANITARY SEWER 3/8/90 IMPROVEMENT (DISTRICT SR-55.11-C - CENTERLINE SEWERS). 32. CONFIRM ASSESSMENT ROLL FOR R 90-206 CONSTRUCTION OF WINONA SANITARY SEWER 3/8/90 IMPROVEMENT (DISTRICT SR-5494-C - CENTERLIIdE SEWERS) . 33. CONFIRM ASSESSMENT ROLL FOR R 90-207 CONSTRUCTION OF ALLAPATTAH INDUSTRIAL 3/8/90 AREA HIGHWAY IMPROVEMENT - PHASE I (BIDS "A", "B" AND "C" - DISTRICT H- 4485). 34. CONFIRM ASSESSMENT ROLL FOR R 90-208 CONSTRUCTION OF OVERTOWN HIGHWAY 3/8/90 IMPROVEMENT - PHASE I (BIDS "A", "B" AND "C" - DISTRICT H-4492). 35. DISCUSS AND DEFER INCREASE IN CONTRACT DISCUSSION 4iITH SIGMA CONSTRUCTION AND ENGINEERING 3/8/90 CORP. ($60,000) - FOR DEMOLITION OF FORMER INCINERATOR NO. 1 (PROJECT 311018) (See label 38). 36. DISCUSSION CONCERNING CITY COMMISSION'S DISCUSSION CONCERNS REGARDING SUITABILITY OF THE 3/8/90 ORANGE BOWLS STABILITY (PARTICULARLY, THE WEST END ZONE). 37. EXECUTE AMENDMENT TO LEASE AGREEMENT R 90-209 WITH THE BOARD OF DIRECTORS OF THE 3/8/90 INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CONCERNING STATE-OWNED LAND (LOT 7 AND EAST HALF OF LOT 5 OF TWIN RIVER ISLAND), MODIFYING PURPOSE OF LEASE AGREEMENT. (MIAMI BRIDGE). 36. (Continued Discussion) BRIEF COMMENTS DISCUSSION BY VICE MAYOR. DAWKINS INFORMING 3/8/90 ADMINISTRATION AS TO VARIOUS BLACK - OWNED FIRMS FOR POSSIBLE AWARD OF CONTRACT CONCERNING DEMOLITION OF FORMER INCINERATOR NO. 1 (PROJECT 311018 - See label 35). 39 (Continued Discussion AND TEMPORARY DISCUSSION DEFERRAL OF PROPOSED SECOND AMENDMENT 3/8/90 TO EXISTING AGREEMENT BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC. CONCERNING IMPROVEMENTS FOR CITY OWNED MIAMARINA. (See labels 5 and 41) 62,-63 64 64-65 65-66 67 67-69 69-71 71-73 74 74 40. PERSONAL APPEARANCE BY MR. LANCE M 90-210 75-83 PASKEWICH TO DISCUSS REHABILITATION 3/8/90 LOAN FOR. LUZERNE APARTMENTS - DIRECT HOUSING COMMITTEE TO WORK WITH MR. PASKEWICH CONCERNING HIS REQUEST - CONTINUE FUNDING APPLICATION TO APRIL 9TH MEETING. 41. (Continued Discussion) EXECUTE SECOND R 90-211 84-89 AMENDMENT TO EXISTING AGREEMENT BETWEEN 3/8/90 THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC., - CONCERNING IMPROVEMENTS FOR CITY -OWNED MIAMARINA, AND OCCUPANCY OF PORTION OF THE FACILITY BY PIER 5 BOATMEN'S ASSOCIATION (See labels 5 and 39). 42. (A) GRANT REQUEST FOR STREET CLOSURE IN R 90-212 89-93 CONNECTION WITH DADE COUNTY BAR DISCUSSION ASSOCIATION'S ANNUAL LAW DAY RUN. 3/8/90 (B) DIRECT CITY ATTORNEY TO PREPARE APPROPRIATE ORDINANCE TO ASSIST IN HANDLING OF FUTURE SIMILAR REQUEST. 43. REFER BACK TO ADMINISTRATION LOA14 M 90-213 93-106 REQUEST RECEIVED FROM REPRESENTATIVE OF 3/8/90 B & B PARTNERSHIP CONCERNING A PROPOSAL FOR REHABILITATION OF PROPERTIES AT 1801-1805 N.W. 2 COURT, 1755 N.W. 2 COURT AND 1229 N.W. 1 COURT, IN OVERTOWN - DIRECT MANAGER TO MEET WITH THE INDIVIDUALS TO TRY TO FIND A VIABLE SOLUTION TO THIS PROBLEM. 44. DISCUSSION CONCERNING REQUEST FOR DISCUSSION 106-108 APPOINTMENTS TO BAYFRONT PARK 3/8/90 MANAGEMENT TRUST. 45. PERSONAL APPEARANCE BY REPRESENTATIVES DISCUSSION 108-115 OF ROSS PHOTO OFFSET PRINTERS, INC. -- 3/8/90 REGARDING REQUEST FOR INCREASED POLICE PROTECTION AND REQUEST ENFORCEMENT OF THE CITY'S LOCAL PREFERENCE ORDINANCE CONCERNING PROCUREMENT OF GOODS AND SERVICES. 46. GRANT REQUEST FROM REPRESENTATIVES OF R 90-214 115-116 "INFORMED FAMILIES" TO ENDORSE THE 3/8/90 ".JUST SAY NO (TO DRUGS) WALK." - REFER REQUEST FOR POLICE AND SANITATION SERVICES TO MANAGER. 47. DISCUSSION CONCERNING LOCATION OF A DISCUSSION 116-123 SOUP KITCHEN AT 641 W. FLAGLER STREET 3/8/90 (HOT MEALS PROGRAM ORGANIZED BY BROTHER HARRY - CAMILLUS HOUSE). 48. GRANT REQUEST BY REPRESENTATIVES OF R 90-215 123-126 'SPLIT SECOND TIMING' FOR CLOSURE OF 3/8/90 DESIGNATED STREETS CONCERNING THE CPA 104K RUN/WALK. 49. GRANT REQUEST FROM REPRESENTATIVES OF R 90-216 126-12.7 METROPOLITA4 DADE COUNTY, FLORIDA., ART 3/8/90 IN PUBLIC PLACES - FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE ORANGE CELEBRATION FESTIVAL. 50. DISCUSSION R.FCARI)TNG CITY OF MTAMT DlF�C?TSS?ON rOSSESSION OF THE PAN AMERICAN AIRWAYS' 3/8/90 ARTIFACTS (Museum Memorabilia, Terremnrk, Medina.) 51. BRIEF DISCUSSION OF APPOINTMENTS TO DISCUSSION PRIVATE INDUSTRY COUNCIL (PIC). 3/8/90 52. DISCUSSION CONCERNING UPCOMING 7TH DISCUSSION ANNUAL TOWN HALL MEETING OF COCONUT 3/8/90 GROVE CHAMBER OF COMMERCE. 53. DISCUSSION: PROPOSED COMMISSION DISCUSSION AWARENESS PROGRAM. 3/8/90 54. DISCUSSION CONCERNING EFFECTIVENESS OF M 90-217 RUMBLE STRIPS AS A TRAFFIC CONTROL 3/8/90 DEVICE - DIRECT ADMINISTRATION TO REMOVE RUMBLE STRIPS FROM CITY STREETS AND TO INSTALL 4-WAY STOP SIGN AT INTERSECTION OF S.W. 22 AVENUE AND TIGERTAIL. 55. AUTHORIZE PREPARATION OF AN R.F.P. FOR M 90-218 A MAUSOLEUM TO BE DEVELOPED BETWEEN N. 3/8/90 MIAMI AVENUE AND N.E. 2ND AVENUE ON N.E. 19TH STREET (ADJACENT TO THE CITY OF MIAMI CEMETERY) - STIPULATE THAT MATJSOLEU14 SHALL HAVE NO FUNERAL HOME ASSOCIATED WITH IT - STIPULATE R.F.P. TO BE BROAD ENOUGH FOR REVENUE PRODUCING PROPOSALS FOR UPKEEP OF CEMETERY. 56. DISCUSSION CONCERNING CITY'S CURBSIDE. DISCUSSION RECYCLING PROGRAM - REQUEST 3/8/90 ADMINISTRATION TO PROVIDE COMMISSION WITH MONTHLY REPORTS. 57. BRIEF DISCUSSION CONCERNING THE SETTING DISCUSSION OF THE CITY'S LEGISLATIVE PRIORITIES 3/8/90 FOR 1990 STATE LEGISLATIVE SESSION. 58. ACCEPT DONATION OF IMPROVEMENTS AT R 90-219 CORAL GATE PARK FROM WARNER -LAMBERT 3/8/90 COMPANY ($30,000) IN CONJUNCTION WITH THE "PRIDE OF MIAMI PARKS" ADOPT -•A -PARK PROGRAM. 1 27-- 136 137 137- 138 138-140 141-144 144-165 J.65-168 168-169 169-171 59. EXECUTE PLAT: GRAN CENTRAL. R 90-220 171-172 3/8/90 60. (A) MODIFY PROPOSED NFW ZONING M 90--221. 173--185 ORDINANCE FOR AREA POUNDED BY BISCAYNE ORDINANCE BOULEVARD, N.E. 4 AVENUE, N.E. 18 11000 STREET AND N.E. 20 STREET TO HAVE SAID 3/8/90 AREA IN THE, SD-19 DISTRICT WITH A SECTOR OF 2.4 AND F.A.R. OF 3.0. (S) SECOND READING ORDINANCE: REPEAL 9500 - SUBSTITUTE NEW ZONING ORDINANCE - REGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, AREA PER DWELLING UNIT, PARKING AND SIGNS - PROVIDE FOR ADOPTION OF OFFICIAL ZONING ATLAS AND PLANNED DEVELOPMENT DISTRICTS, ETC. - PROVIDE FOR RESPONSIBILITIES AND FUNCTIONS OF CITY COMMISSION, OFFICERS AND BOARDS, SPECIAL PERMITS AND EXCEPTIONS - PROVIDE FOR APPEALS FROM ZONING ADMINISTRATOR AND PLANNING AND ZONING BOARD, ETC. 61. GRANT APPEAL AS MODIFIED - REQUEST R 90-222 186-220 REDUCTION OF MASS AND HEIGHT OF 3/8/90 CONSTRUCTION - PRESCRIBE LANDSCAPING REQUIREMENTS, ETC. - CONCERNING CONSTRUCTION AT PROPOSED DE GARMO ESTATES TENTATIVE PLAT (3952 DOUGLAS ROAD). 62. (Continued Discussion) DISCUSSION DISCUSSION 221-222 CONCERNING PROPOSED EXECUTION OF 3/8/90 AGREEMENT WITH MIAMI BUS BENCH JOINT VENTURE (D/B/A BUS BENCH CO.) TO MANUFACTURE, INSTALL ANP MAINTAIN BUS BENCHES - SCHEDULE AS ITEM #1 ON NEXT AGENDA FOR POSSIBLE RECONSIDERATION OF PRIOR VOTE TAKEN ON THIS DATE (See label 27). 63. RESCHEDULE TIME OF MARCH 22ND R 90-223 222-224 COMMISSION MEETING TO START AT 4:00 3/8/90 P.M. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of March, 1990, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:11 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS. I. Proclamation declaring the month of March, 1990, "Save Your Vision Month" presented to Dr. Sidney Stern. 2. Commendations awarded to City of Miami "Outstanding Employees of the Year, 1989". Recipients were Angel De Pedro, Israel Perez -Perez, and Michael L. Tippins. 3. Grateful recognition for his dedicated service to City of Miami employee Evelio Rizo upon his retirement. NOTE FOR THE RECORD: At this point, on motion by Commissioner Plummer and seconded by Commissioner De Yurre, Minutes of the Planning & Zoning Commission Meetings of October 26 and December 14, 1989, the Regular and Planning & Zoning Commission Meeting of November 30, 1989, and the Regular Commission Meetings of December 7, 1989 and ,January 11, 1990 were approved unanimously. i March 8, 1990 JnL 2. ACCEPT BID: MERCY OUT -PATIENT CENTER. - FOR FURNISHING HEPATITIS B IMM-UNIZATIONS - FOR FIRE DEPARTTiENT. Commissioner Plummer: Mr. Mayor, can we take up a few pocket items - I mean emergency items? Mayor Suarez: Commissioner Pit.immer, yes, sir. Is there anything of an emergency nature? Commissioner Plummer: Mr. Mayor, I'd like to move it at this time that $39,000 be allocated so that the firemen who are exposed can have the injections for the hepatitis B. It is $39,000 and will do all of the men that are now exposed rather than to do them on piece meal. I think it's money well spent and I so move... Vice Mayor Dawkins: Second. Commissioner Plummer: ...that the allocation of thirty-nine thousand be allocated. Mayor Suarez: Moved and seconded. Any discussion? An emergency item. Commissioner Plummer: That's hepatitis B immunization. What fund are we taking it for? Source of funds. Mayor Suarez: Mr. Manager, what fund is that coming from? Commissioner Plummer: $18,750 has been provided in the FY '90 budget under account code 280101.260. The balance of $20,250 will be provided in the budget of the FY '91 under code 280101-260. Does that qualify it? So be it. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Does that come off as an emergency ordinance, Mr. City Attorney? Mr. Jorge Fernandez: No, just a resolution would be fine. If there's no appropriations that need to be made, but I don't know whether the Budget Department has signed off on that resolution. Commissioner Plummer: Let me tell you something, and I think it's important enough, whatever it needs to be done, to do it, let's do it and catch up with the paperwork later and not put these men in jeopardy. Mr. Fernandez: Right. If the money is already, in fact, appropriated and they have signed off, just a resolution would do. Vice Mayor Dawkins: If they promise to keep J.L. Plummer off the fire trucks, I'll move it. But if they let him ride, I want him to catch hepatitis. Commissioner Plummer: That's true. Mayor Suarez: Call the roll or► the motion. 2 March 8, 1990 AOL The following resolution was introduced by Commi.-,si.oner PltImmer, v;ho moved its adoption: RESOI.,UTION NO. 90-173 i A RESOLUTION ACCEPTING THE BID OF MERCY OUT PATIENT CENTER FOR FURNISHING HEPATITIS B IMMUNIZATIONS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $39,000.00; ALLOCATING FUNDS THEREFOR FROM 1989-90 AND 1990--91 OPERATING BUDGET ACCOUNTS, NO. 280101-260; AUTHORIZING TEE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT. SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: ACES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 3. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS. 1. Plaque presented to Sergio Rodriguez, Assistant City Manager, by the American Red Cross Volunteer Chairman, Doug Slack, in recognition of his efforts and dedication towards our citizens. 4. GRANT REQUEST TO DONATE TO THE CITY OF CARACAS, VENEZUELA, AND TO SANTO DOMINGO, OBSOLETE CITY OF MIAMI SURPLUS FIRE DEPARTMENT HOSES. Commissioner Plummer: Mr. Mayor, I have one other emergency item that the City of Miami Fire Department has switched over from inch and a half hose to inch and three-quarters making some obsolete. And I would move at this time that the obsolete equipment of the hose... Vice Mayor Dawkins: What are we doing that when it's on the agenda? Commissioner Plummer: Excuse me? I'm asking because I am going to represent the City tomorrow and I would like to... Vice Mayor Dawkins: It's on the agenda for later on today. Commissioner Plummer: It's not on the agenda. Vice Mayor Dawkins: Gc, ahead, I'll move - second. Mayor Suarez: The obsolete equipment to go to where, Commissioner? Commissioner Plurnmer: To both Caracas, Venezuela and to Santo Domingo. 3 March 8, 1990 Ej Vice mayor Pao:kinsic No, no, no, Sao.... Commissioner Plummer: No, no? Vice Mayor Dawkins: Is that a Sister City? Commissioner Plummer: Yes. Vice Mayor Dawkins: Yes, yes, yes... Mayor Suarez: Call the roll on the item. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-174 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE THIRTY-NINE (39) FIFTY FOOT SECTIONS OF FIRE HOSE AND TWO (2) AIR CYLINDERS AS CATEGORY "A" SURPLUS STOCK; FURTHER DONATING FIFTEEN (15) SECTIONS OF HOSE AND THE TWO (2) AIR CYLINDERS TO THE CITY OF CARACAS, VENEZUELA AND TWENTY-FOUR (24) SECTIONS OF HOSE TO THE "SISTER CITY" OF SANTO DOMINGO, DOMINICAN REPUBLIC, TO BE USED BY SAID CITIES IN SERVICE TO THEIR RESPECTIVE POPULATIONS. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plumper: You're pulling my hose. 5. DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND AMENDMENT TO EXISTING AGREEMENT BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC. - CONCERNING IMPROVEMENTS FOR CITY-Oh'NED MIAMARINA, AND OCCUPANCY OF A PORTION OF THE FACILITY BY PIER 5 BOATMEN'S ASSOCIATION. (See labels 39 and 41). Mayor Suarez: Item 1, 2, CA-14 and 34 of the agenda for today have been withdrawn. I was remiss in not announcing that. Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: Mr. Dudek, is he here? UNIDENTIFIED SPEAKER: Yes, sir. Vice Mayor Dawkins: Mr. Dudek has a request and I got into trouble with this with NAACP and I promised I wouldn't do this again. Let them do it. Go ahead, sir. Mr. Michael Dudek: OK, my name is Michael Dudek and I'd like to put a request in for the agenda number 17 for the Pier 5 Boatsmen's Association. If it can be heard. till after 1:00 p.m.. Myself and one other person have some coiranitments at Miami Beach we have to be to. 4 March a, 1990 r�r Mayor Suarez: Vwilci ,you remind its, Mr. Manager.... Vice Mayor Dawkins: It would be better if you come after 2:30 because, sea, at 1:00 o'clock, I don't know where we'll be and then we'll break for lunch at 2:00, so it would be better... Mr. Dudek: Two -thirty is great. Commissioner Plummer: Wait, can I ask a question? Who do you represent, sir? Mr. Dudek: I am an independent myself with the Celebration Excursions of Miami. Commissioner Plummer: But you have problems with what is proposed for the Pier 5 fishermen? Mr. Dudek: From what we understand and through John Thomas, who is my attorney, yes. Commissioner Plummer: OK, we do. Fine, then we'll see you this afternoon. Mayor Suarez: When were they expecting to be heard on this item? -the Pier 5 Association? When was the item scheduled for? Vice Mayor Dawkins: Seventeen, I think it was after 2:00... is it 17 or regular schedule, Mr. Mayor? Mayor Suarez: I guess they might have anticipated in the morning. Well, they're not here so... Mr. Odio: This item is seven. This contract... Mayor Suarez: Mr. Manager, was this scheduled as part of the items for 9:00 o'clock in the morning? Mr. Odio: It's item 17. Mayor Suarez: Of the morning items, right? But I don't see them here, Pier 5 Association, so we will then take up the item after 2:30 and please remind me, someone from Manager's staff, please. Commissioner Plummer: Mr. Mayor, the problem is why they're not here is because I think everyone is in concurrence and that was probably why they're not. Mayor Suarez: They figured their attendance was not needed in any way. Commissioner Plummer: Correct. Mayor Suarez: Well, we'll hear your argument at that point. Mr. Dudek: OK, appreciate it., thank you. Mayor Suarez: Is Mr. Thomas going to be here, John? Mr. Dudek: Yes, John will be here with me. Commissioner Plummer: Well, he's not a part of them though. Mayor Suarez: OK, but we'll hear his arguments if he has arguments for or against, he's entitled to make them. 5 March 8, 1990 6. CONSENT AGENDA Mayor Suarez: OK, items 1 and 2 have been withdrawn so we're on the consent agenda, which is comprised of items CA-1 through CA--19. If anyone wishes to be heard on any of these items individually, please step forward. Let the record reflect that no one has stepped forward, in which case we will vote on all of those items collectively as one item CA-1 through CA-19. Vice Mayor Dawkins: I'd like to pull for discussion CA -.I, CA-6 and CA-15. Mayor Suarez: A clarification on items 1, 6, and 15, hopefully, so that we can act on them. Anyone else? Any others, Commissioners? If not, I'll entertain a motion on CA-1 through 19 with the exception of... Commissioner Plummer: Excuse me, Mr. Manager, where is the Camillus House on here? Mr. Odio: It's not, it's the condemnation proceedings. Commissioner Plummer: I understand, but where are those ordinances? Are they in the consent? Mr. Odio; No, they're not. Vice Mayor Dawkins: No, they're not in the consent. Cornmissioner Plummer: Fifteen and 16, all right, no, sir, then I have nothing to pull from the consent. Mayor Suarez: Not consent. OK, CA-1 through 19... Commissioner Plummer: OK. Mayor Suarez: ...then I'll entertain a motion with the exceptions of 1, 6, and 15. Vice Mayor Dawkins: OK, so move. Mayor Suarez: Thank you. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY _ COMMISSIONER DE YURRE, THE CONSENT AGENDA, WITH THE ABOVE CITED EXCEPTIONS, WAS PASSED 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. -, ABSENT: None. 6 March 8, 1990 11 6.1. ArPROVF PURCHASE OF X--RAY MACHINE - FOR POLTCR DEPARTMENT. RESOLUTION NO. 90--I.75 A RESOLUTION APPROVING THE PURCHASE OF AN X--RAY MACHINE AND ALLOCATING FUNDS THEREFOR, AT A PROPOSED COST OF $5,300 FROM THE LASE ENFORCEMENT TRUST FUND, SUBJECT TO SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE AND SUBJECT TO COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT PROCEDURES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.2 AUTHORIZE PURCHASE OF 14 LIFEPAK 10 DEFIBRILLATOR/MONITORS FROM PHYSIO CONTROL CORPORATION - FOR FIRE DEPARTMENT. RESOLUTION NO. 90-176 A RESOLUTION AUTHORIZING THE PURCHASE OF FOURTEEN (14) LIFEPAK 10 DEFIBRILLATOR/MONITORS WITH QUICK PACE NON INVASIVE PACE MAKER OPTION AND ACCESSORIES, FROM PHYSIO CONTROL CORPORATION, UNDER EXISTING DADE COUNTY BID NO. 2200-11/90CW, FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $126,667.20; ALLOCATING FUNDS THEREFOR FROM 1989-90 DADE COUNTY E.M.S. AWARDS GRANT, PROJECT NO. 104002/280103-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.3 AUTHORIZE PURCHASE OF FIVE INCH FIRE HOSE AND ATTACEMENTS FROM SNAP -TITS HOSE, INC. - FOR FIRE DEPARTMENT. RESOLUTION NO. 90-177 A RESOLUTION AUTI•IORIZING THE PURCHASE OF A FIVE (5) INCH FIRE HOSE AND ATTACHMENTS, UNDER EXISTING DADE COUNTY BID NO. 2121-11/90 GROUP #3, FROM SNAP-TITE HOSE, INC., FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, IN AN AMOUNT NOT TO EXCEED $9,980.00; ALLOCATING FUNDS THEREFOR FROM THE 1989- 90 OPERATING BUDGET, ACCOUNT NO. 280601-709; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.4 AUTHORIZE PURCHASE OF PETERSEN TL-3 LIGHTNING LOADER FROM HEINTZELMAN'S TRUCK CENTER TO BE USED FOR COLLECTION OF RECYCLABLE WHITE GOODS -- FOR SOLID WASTE DEPARTMENT. RESOLUTION NO. 90-176 A RESOLUTION AUTHORIZING THE PURCHASE OF A PETERSEN TL-3 LIGHTNING LOADER UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 070-700-90-1 FROM HEINTZELMAN'S TRUCK CENTER TO BE USED FOR THE COLLECTION OF RECYCLABLE WHITE GOODS FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL COST 110T TO EXCEED $49,826.00; ALLOCATING FUNDS THEREFOR FROM THE SOLID WASTE REDUCTION, RECYCLING & EDUCATION SPECIAL GRANT FUND, PROJECT NO. 197001, ACCOUNT #320304-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS VEHICLE. 7 March 8, 1990 Aighk Aft. MIM aim qw, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.5 ACCEPT BID: FLORIDA BUSINESS SYSTEMS, INC. - FOR FURNISHING AND INSTALLATION OF ELECTRONIC FILING SYSTEM - FOR CITY CLERK'S OFFICE (PROJECT 311017) . RESOLUTION NO. 90-179 A RESOLUTION ACCEPTING THE BID OF FLORIDA BUSINESS SYSTEMS, INC., FOR THE FURNISHING AND INSTALLATION OF AN ELECTRONIC FILING SYSTEM FOR THE CITY CLERK'S OFFICE IN AN AMOUNT NOT TO EXCEED $23,926.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 311017, "CLERK OFFICE LEKTREIVER REPLACEMENT"; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.6 ACCEPT BID: GLOCK, INC. - FOR FURNISHING FIREARIS - FOR POLICE DEPARTMENT. RESOLUTION NO. 90-180 A RESOLUTION ACCEPTING THE BID OF GLOCK, INC., IN AN AMOUNT NOT TO EXCEED $27,035.00 FOR THE FURNISHING Of` GLOCK FIREARMS FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 312018, ACCOUNT CODE NO. 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.7 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - FOR VEHICLE BARRIER AT MODERN MIAMI POLICE DEPARTMENT (PROJECT 312015). RESOLUTION NO. 90-181 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC., IN THE PROPOSED AMOUNT OF $7,070.00, BASE BID OF THE PROPOSAL, FOR VEHICLE BARRIER AT MODERN MIAMI POLICE DEPARTMENT; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PR03ECT. NO. 312015, IN THE AMOUNT OF $7,070.00 TO COVER THE CONTRACT COSTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8 March 8, 1990 6. 8 ACCF,.;PT RID: MTKORTTY SYSTEMS, TNC. , AND SEALANT) CONTRACTORS, Tt?C. - FOR SWTMM1TNG POOL RENOVATIONS AT CURTIS AND GIBSON PAP.KS. RESOLUTION NO. 90-182 A RESOLUTION ACCEPTING THE BID OF MINORITY SYSTEMS, INC., AND SEALAND CONTRACTORS, INC., A JOINT VENTURE, IN THE PROPOSED AMOUNT OF $320,000.00, BASE BID OF THE PROPOSAL, FOR SWIMMING POOL RENOVATIONS; CURTIS AND GIBSON PARKS, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331099 IN THE AMOUNT OF $320,000.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.9 ACCEPT BID: MCM CORPORATION - FOR SWIMMING POOL RENOVATIONS TO MORNINGSIDE AND VIRRICK PARKS. RESOLUTION NO. 90-183 A RESOLUTION ACCEPTING THE BID OF MCM CORPORATION, IN THE PROPOSED AMOUNT OF $247,499.00, BASF, BID OF THE PROPOSAL, FOR SWIMMING POOL RENOVATIONS; MORNINGSIDE AND VIRRICK PARKS, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331099 IN THE AMOUNT OF $247,499.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.10 ACCEPT BID: BOYS ENGINEERING, INC. - FOR SOUTH FLAGLER SANITARY SEWER PUMP STATION (B-5569). RESOLUTION NO. 90-184 A RESOLUTION ACCEPTING THE BID OF BOYS ENGINEERING, INC., IN THE PROPOSED AMOUNT OF $191,898.00, BASE BID OF THE PROPOSAL, FOR SOUTH FLAGLER SANITARY SEWER PUMP STATION B-5569, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 351168 IN THE AMOUNT OF $191,898.00 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.11 ACCEPT BID: INTREPID THREE COMPANY (BASE BID "C" AND "D" - FOR MODIFICATIONS TO FIRE STATIONS NO. 1, 4, AND 5. RESOLUTION NO. 90-185 A RESOLUTION ACCEPTING THE BID OF' INTREPID THREE COMPANY, IN THE PROPOSED AMOUNT OF $117,000.00, BASE BID 'C' & 'D` OF THE PROPOSAL, FOR MODIFICATIONS TO FIRE STATIONS NO. 1, 140. 4 AND NO. 5, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDIIANCE NO. 10642, PROJECT NO. 313018, IN THE AMOUNT OF $117,000.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 9 March 8, 1990 (Here follows body of resoltiti_on, orit.t.ei bore and on file in the Office of the City Clerk.) 6.12 ISSUE REVOCABLE PERMIT TO B A B-W INCORPORATED - FOR USE OF 4,000 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER. RESOLUTION NO. 90-186 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO B A B-W INCORPORATED, IN SUBSTANTIALLY THE ATTACHED FORM FOR THE USE OF 4,000 SQUARE FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "1" TO THE REVOCABLE PERMIT, SAID PERMITTEE TO PAY FOR THE USE OF THE PREMISES A MONTHLY FEE OF $1,166.67 COMMENCING ON THE FIRST DAY OF THE SEVE14TH MONTH AFTER EXECUTION OF SAID PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.13 AUTHORIZE ACCEPTANCE OF 28 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 90-187 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY-EIGHT (28) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS 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.) 6.14 AUTHORIZE DESIGNATED STREET CLOSURES, PARTIAL USE OF STREETS, AND PERMIT SALE OF BEER AND WINE DURING JUNIOR LEAGUE OF GREATER MIAMI'S "MIAMI MAGIC" FIVE -MILE RUN AND THREE MILE FUN WALK, AND PROGRESSIVE DINNER GALA FUND-RAISING EVENT. RESOLUTION NO. 90-188 A RESOLUTION CONCERNING THE "MIAMI MAGIC" FIVE -MILE RUN AND THREE-MILE FUN WALK TO BE CONDUCTED BY THE JUNIOR LEAGUE OF GREATER MIAMI ON APRIL 21, 1990, AND THE PROGRESSIVE DINNER GALA TO BE CONDUCTED BY JUNIOR LEAGUE OF GREATER MIAMI ON APRIL 21, 1990 AND APRIL 22, 1990; AUTHORIZING THE PARTIAL CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC DURING THE FIVE -MILE RUN AND THREE-MILE FUN WALK SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER CONDITIONALLY APPROVING THE PARTIAL USE OF STREETS IN DOWNTOWN MIAMI FOR SAID ORGANIZATION'S PROGRESSIVE: DINNER GALA, A FUND RAISING EVENT DURING THE EVENING OF APRIL 21, 1990; SUBJECT TO THE EXERCISE OF COMPLETE CONTROL OVER SUCH USE BY THE DEPARTMENT OF POLICE; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; SAID APPROVAL AND AUTHORIZATIONS BEING CONDITIONED UPON THE ORGANIZERS PAYING FOR THE COST OF CITY SERVICES AND UPON THE REQUIREMENT 'THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. 10 March 8, 1990 AMK (Here £ollowc body of resolution, omitted here and on file In the Office of the City Clerk.) 6.15 CLAIM SETTLEMENT: LEONEL AND GABRIELA PAZ ($65,000). RESOLUTION NO. 90-189 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LEONEL PAZ AND GABRIELA PAZ., HIS WIFE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE SAID PARTY FROM ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7. (A) GRANT FUNDING REQUEST - DIRECT MANAGER TO ALLOCATE $25,000 CONCERNING THE NATIONAL ASSOCIATION OF COUNTY ORGANIZATIONS CONFERENCE. (B) ALLOCATE $50,000 IN SUPPORT OF THE "SUNSHINE STATE GAMES". ----------------------------------------------------------------------------------- Mayor Suarez: Item CA-1, Vice Mayor Dawkins wanted clarification. Vice Mayor Dawkins: The only thing is, I'd like to say that I'm in favor of this, but. I have a letter I want to put in the record so I would like to have the Manager act on it.. Harvey Ruvin asked for $2.5,000 for the NACO Conference which is going to be held here in Miami and he's assured me that they will use as many rooms this side of, the bay as they can. So, I would also like to if we are granting $50,000 to the Sunshine State Games, I think I'd like to see us find $25,000 to assist the County in bringing this conference here. Commissioner Plummer: I'll second that motion. Mayor Suarez: And that's the National Association of County Organizations and I think total expenditure 'to bring them here is like a quarter of a million dollars, Mr. Vice Mayor, of which they... Commissioner Plummer: No, it's damn near half. Vice Mayor Dawkins: Half a million. Mayor Suarez: Or half a million of which they're only seeking a small contribution for us and I think they're going to use many hotels in the City. So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-190 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, MATCHING FUND FOR GRANTS, IN SUPPORT OF THE NATIONAL ASSOCIATION OF COUNTIES CONFERENCE TO BE HELD IN DADE COUNTY ON JULY 14-17, 1990; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE. POLICY NO. APM 1-84, DATED JANUARY 24, 1984. (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: 11 March 8, 1990 LA �j AYES: Commissioner Victor De Yurre Commissioner J. I.. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: CA-1 then. Vice Mayor Dawkins: Move one. Mayor Suarez: Moved. Commissioner De Yurre: Second, Mayor Suarez: Seconded. Any discussion on CA -I? I£ not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-191 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000 ($i0,000 AS A CASH GRANT AND $40,000 TO COVER THE COST OF CITY' SERVICES), FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE SUNSHINE STATE GAMES TO BE CONDUCTED IN THE CITY OF MIAMI DURING THE SUMMER OF 1990, SUBJECT TO THE ORGANIZERS PAYING FOR THE COST OF CITY SERVICES ABOVE AND BEYOND THE AMOUNT ALLOCATED BY THIS RESOLUTION; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM. 1-84, DATED JANUARY 24, 1984. (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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12 March 8, 1990 8. (A) INFORMATION MANAGEMENT OF FLORIDA - FOR FURNISHING A 35MM CAMERA - (B) I.ANIER WORLDWIDE, INC. - FOR FURNISHING A MICROFILM READER PRINTER - FOR BUILDING AND ZONING DEPARTMENT - (C) CITY COMMISSION REQUEST MANAGER TO ALWAYS HAVE AVAILABLE A STAFF MEMBER TO ITEMIZE THE BUDGET, UPON REQUEST, BY LINE ITEM. ---------------------------------------------------------------------------------- Mayor Suarez: CA-6, Vice Mayor Dawkins. Vice Mayor Dawkins: When we put items like this on the agenda, I would appreciate it if we put the total item on the agenda. Thirty-three thousand, one hundred and six dollars for five years is $165,503.40 and I would like somewhere for this to show a total that the total cost for this is $165,503.40. Now, if we've got a shortage, budget shortage, where will the funds be allocated from for the fiscal year 191, 192, 192, 193, 193, 194, 194, 195. Where will they come from, sir? Mr. Odio: It will come out of her budget which is an enterprise fund budget. Mayor Suarez: Her budget, meaning Building & Zoning Department? Mr. Odio: Building and Zoning budget. Vice Mayor Dawkins: All right, when you bring the budget, make sure that there's a line item in there where I can see this, please. Mr. Odio: Yes, it is a line item and... Vice Mayor Dawkins: I mean, how it could be a line item in there to spend $165,000 when we're_ just spending it today? Mr. Odio: No, they're spending $33,100.68. Then next year, it would have to have another $33,100.68 and every year after that. All you're doing... Vice Mayor Dawkins: Well, how we get seventy-three and you're asking me for thirty-three? Mr. Odio: Well, right now, they are going to get a printer for $7648. Vice Mayor Dawkins: That doesn't say that here. Mr. Odio: Well, I'm sorry, maybe we should withdraw the item and have it more in detail. Vice Mayor Dawkins: No, no, no. We don't have to withdraw it, let's clear it up, Mr. Manager. Mr. Odio: What you're doing is buying the microfiche equipment. This is in the special for their work. This is the way they keep their files, Commissioner. Instead of having the old system where you have filing cabinets, all their files are kept in microfilm. Mayor Suarez: Mr. tanager, he's trying to understand the budgeting aspect of this. We've got an item here of the camera at $25,000 roughly and the reader, printer at $7,000. Vice Mayor Dawkins: For thirty-three... Mayor Suarez: So thirty-three roughly. How is that shown in this year's budget and how will it be shown in subsequent budgets is what the Vice Mayor is asking. Commissioner Plummer: They would like - Commissioner Dawkins would like what is known as the truth in lending law. Mr. Odio: Yes, sir. Ms. Edith Fuentes: We required under the Public Records Act to keep microfilm copies of our... 13 March 8, 1990 3 3 i ,3 Mayor Suarez: floe* is it shown in this year's budget and how is it going to be shown and denoted in next year's budgets? Commissioner Plummer: The computers back. Ms. Fuentes: It's one of our items for equipment. Mayor Suarez: What is the total amount included in this year budgets and how is it characterized so that we can see that this item was included, if it was, and tell us... How was it shown in this year's budget, if anybody knows, if not, we'll table the item and a little later on, maybe we can figure this out. It should be in the budget, otherwise, as Commissioner's pointing out, it's a deviation from a budget, it might require an ordinance, an appropriations ordinance, etcetera. Ms. Fuentes: It's included in the budget. Mayor Suarez: How is it included in the bildget? What is the amount and how is it characterized in the budget? Ms. Fuentes: As a lease equipment on a yearly basis. Vice Mayor Dawkins: It's under line item, lease equipment. Ms. Fuentes: Yes, sir, lease... Mayor Suarez: How much is that amount? Ms. Fuentes: Leased to all within five years. Mayor Suarez: How much is the amount listed in this year's budget for leased equipment or whatever it is that you're characterizing it as? Ms. Fuentes: Close to $33,000. Mayor Suarez: I'm sorry? Ms. Fuentes: About $33,000. Mayor Suarez: That exact amount that we're now spending? Ms. Fuentes: Yes, sir. Mayor Suarez: So we'll find that in this year's budget, if we look in it? Ms. Fuentes: It's there, sir. Vice Mayor Dawkins: I move this and Mr. Manager, I'd like to get with you later on, please-, sir. I'll move it. Mayor Suarez: So moved. Commissioner Plummer: Second. Ms. Fuentes: We have it. Mayor Suarez: Seconded. Any discussion? Mr. Manager, let me say this. When we ask about items in the budget we expect someone in the administration to be able to point them out for us. It doesn't do any good just to send us the budget. You don't have it memorized, neither do we. Mr. Odio: I will send you a line item... Mayor Suarez: but you have more responsibility to have it understood than we do. Mr. Odio: And we do. Mayor. Suarez: So, I hope that somebody can answer and show the itemized specific item in the budget where it shows the Expenditure in question, as requested by one of the Commissioner's without anyone... 14 March S, 1990 Mr.. Odio: That's exactly what I'm going to do. Commissioner Plummer: Bring one of the turbans here. Mayor Suarez.: ...getting exasperated or suggesting that we simply get the budget sent to us. We get the budget sent to us all the time and God knows what it means. Mr. Odio: But to send you the line item so that you can see it, Mr. Mayor... Commissioner Plummer: Send him a microfiche. Mayor Suarez: Thank you. So moved and seconded. If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-192 A RESOLUTION ACCEPTING THE BIDS OF INFORMATI0N MANAGEMENT OF FLORIDA FOR THE FURNISHING OF A 35MM CAMERA IN AN AMOUNT NOT TO EXCEED $25,452.00 AND LANIER WORLDWIDE, INC. FOR THE FURNISHING OF A MICROFILM READER PRINTER IN AN AMOUNT NOT TO EXCEED $7,648.68, ON A FIVE (5) YEAR LEASE/PURCHASE BASIS, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $33,100.68 FOR THE DEPARTMENT OF BUILDING AND ZONING; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODE NOS. 560302-880-421001 & 560402-880- 421001; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted sere 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plununer: As long as they put a microfiche in the Mayor's office so he can see the line items budgets, I vote yes. Mayor Suarez: With a magnifying lens. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: For the hidden items. Commissioner Plummer: We had Vision Week, remember? Mayor Suarez: Bring back the guy from Vision Week, Dr. Stern. 15 March 6, 1990 8.1 COMMISSION ALONSO DIRECTS MANAGER TO ALWAYS CLARIFY, IN THE BACKUP PAPERWORK FOR CONSENT AGENDA ITEMS, WHETHER A GIVEN VENDOR IS LOCAL. Mayor, Suarez: OR, item CA-15. Oh, Commissioner Alonso. Commissioner Alonso: Before you move on, I'd like to request that please, in the consent agenda, in every item in the backup that we receive, to please to clarify every time that whether it is a local, vendor or not... Mayor Suarez: Good point. Commissioner Alonso: ...because in some cases, we really have no information and I'd like to have that... Commissioner Plummer: And a local vendor has an edge. Mayor Suarez: And we have an ordinance that gives them a five percent edge and this should be indicated if it's local or not. It does indicate whether it's minority or not and we should certainly indicate local. 9. EXECUTE PROFESSIONAL SERVICES AGREEMENTS: (a) STRATEGIC INTERNATIONAL, INC., (b) LARRY WARD, AND (c) CARLOS ZERVIGON - FOR PROVISION OF TWO TASK FORCE LEADERS MEETINGS AND EIGHT BOOSTER SESSIONS - FOR POLICE DEPARTMENT. Mayor Suarez: OR, CA-15. Vice Mayor Dawkins. Vice Mayor Dawkins: Oh, fifteen. I'm voting no on 15 and the reason I'm voting no is I don't think that this professional contract should be let. I think that there's someone, there should be someone on board within the City of Miami who could do this. So, I'm only voting no, I don't know how the rest of the Commissioners will vote so that's... Commissioner Plummer: Who are these people? Lt. Joseph Longueira: Commissioner, these are people have been working with us in an ongoing process on redeveloping the department, major issues, resolving major issues. It's been going on for about two years now and we'd like to continue with this. We'd hate to interrupt this process at this time. We've been through all the command levels, staff, all the executive staff, we're down now at the communications level and civilians. We hate to interrupt this process, we think that it would do damage, to the whole process to not continue... Vice Mayor Dawkins: For two years... Lt. Longueira: ...with this problem solving... Vice Mayor Dawkins: If you haven't done it in two years, I don't see how you're going to do it in two months. Lt. Longueira: No, we've been doing it for two years, Commissioner. Vice Mayor Dawkins: I say if you haven't completed it in two years, I don't see how you're going to complete it in two months, so I still vote no. Lt. Longueira: That's just this part of the program, sir, winch deals with communications operators and civilians. Mayor Suarez: It's from the Law Enforcement Trust Fund? Lt. Longucira: Yes, six. 16 March 8, 1990 Commissioner Plummer- refer it for t.wo weeks and let's, talk about it. Will you accept a deferment, Miller? Vice Mayor Dawkins: No, no, just pass it. I just want to vote no. Lt. Longueir.a: It has less of an impact on our budget this way also, Commissioner. Commissioner Plummer: With my colleague registering a complaint so that you'll know in the future you'd better go talk to him and let him understand, we'll move it. Mayor Suarez: So moved. Commissioner Plummer: Under protest. Lt. Longueira: Thank you. Commissioner Plummer: No second? Mayor Suarez: I'll second, yes. Vice Mayor Dawkins: I'll second it. I'm going to second it. I vote no. I second it and I vote no. Mayor Suarez: OK. Cali the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-193 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH STRATEGIC INTERNATIONAL. INC., IN THE AMOUNT OF $14,337, LARRY WARD IN THE AMOUNT OF $12,788, AND CARLOS ZERVIGON IN THE AMOUNT OF $5,360, FOR THE PROVISION OF TWO TASK FORCE LEADERS MEETINGS AND EIGHT BOOSTER SESSIONS, FOR THE CITY OF MIAMI POLICE DEPARTMENT, WITH FUNDS THEREFOR ALLOCATED IN A TOTAL AMOUNT NOT TO EXCEED $32,485 FROM THE LAW ENFORCEMENT TRAINING TRUST FUND, PROJECT NO. 619001, INDEX CODE 290508-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller Dawkins ABSENT: None. 17 March 8, 1990 10. GRANT REQUEST FROM FLORIDA CITY - DONATE 20 SURPLUS POLICE VEHICLES, SUBJECT TO PROVISO. --------- -------------------- --------------- ------------------------------------ Vice Mayor Dawkins: OK, Mr. Mayor... Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: We have Chief Wallace on item 50 from the Florida City Police that he would like to make a request and I would like to hear him out of order so he could get back to... Mayor Suarez: Is Chief Wallace here? Chief Willie Duncan; Mayor Wallace. Vice Mayor Dawkins: Mayor, I mean... Mayor Suarez: Mayor Wallace, oh, my colleague. Vice Mayor Dawkins: Is Mayor Wallace here? Chief Duncan: He's in your office, I'm here. I'm Chief Duncan. Vice Mayor Dawkins: Well, come on, Chief, then... Mayor Wallace, please come out of my office off the phone please. Commissioner De Yurre: Is there any problem the fact that it is scheduled after 3:307 -to be heard at this time? Mayor Suarez: Is there anything on this that would require the posting of the notice for the time, the exact time in question, Mr. City Attorney, or is this just an item that can be taken any time? Mr. Jorge Fernandez: No, a discussion item was advertised, item 50, to take place at 3:30 and it must be heard at 3:30 or thereafter. It would be... Mayor Suarez: If you want to make a presentation, Mr. Mayor, we will be happy to hear it and then we'll take up the item and you may want to be absent, you know, to take care of your other duties. Mr. Fernandez: Correct. Mayor Otis Wallace: I would, Mr. Mayor... Commissioner Plummer: First question is, do you get along with Senator Plummer? Mayor Wallace: Yes, I certainly do. Commissioner Plummer: That's good, go ,ahead, proceed. Mayor Suarez: And give us your name, would you, Mr. Mayor? Mayor Wallace: Yes. My name is Otis Wallace, I'm the Mayor of the City of Florida City and at this time, I'm here to make a request on behalf of our fair city that you consider parting with some of your surplus vehicles for use in police work in our city. We're undermanned in our fight in the city of Florida City and one of our chief problems is a lack of appropriate amounts of vehicles and we would ask the City of Miami to consider if you have any surplus vehicles, to consider an allocation of those vehicles to our city. Commissioner Plummer: How many are you looking for? Mayor Wallace: We need about twenty. Commissioner Plummer: Twenty? Mayor. Wallace: Yes. 18 March 8, 1990 AIL t Commissioner Plummer: You don't have 20 policemien. Mayor Wallace: Yes, we do. 1 3 Vice Mayor Dawkins: OK, tell him... Commissioner Plummer: That means when I go to Key Largo, you'll catch me for sure. No way. Mayor Wallace: Yes, and I think the City of Miami has an interest in this request in that Florida City is the gateway from the Keys into Miami and one of our chief police burdens is stopping of criminal activity on U.S. 1 headed toward Miami. So I think you can sort of view us as a vanguard in your fight against crime as well. Commissioner Plummer: But, you mean when I bring back those little small lobsters, you're going to talk to me, right? Mayor Wallace: There you go, you got it. Vice Mayor Dawkins: But tell him, Chief, what you told me, I mean, Mr. Mayor. Mayor Wallace: No, Chief. Vice Mayor Dawkins: That you have - how many men you have on the shift and how many vehicles you have for them to ride in? Chief Duncan: We have approximately, at any given time, about 8 people on a shift per shift. And we have a total of about 7 vehicles. That's for the department. Right now, we have four... Vice Mayor Dawkins: And three of those are out of order. Chief Duncan: ...right now, we only have four of those vehicles that are actually operational. And we have about 15 reserve officers. Vice Mayor Dawkins: The only thing I'd like to say is, these are surplus vehicles and we would like to assist you, but we would hope that as we make these surplus vehicles available, that you not accept anything that would be detrimental to the life and welfare of your men, see. Although you need vehicles badly, some of these that we've taken out of service, we took them out of service because they were a threat to the life of our officers so I hope that you would not accept any of those even though we make them available. Now, that's all I would ask. Mayor Suarez: Yes, we'd like to say, buyer beware, but that's enough in the case of police officers using vehicles that we deem to be really kind of obsolete and possibly dangerous. One other thing, Ron and Mr. Manager, the Morningside Civic Association had had an automobile that they had been using that we gave them that, is in bad shape. Would the Commmissioner have any problem when the appropriate time, making sure that they get their vehicle replaced? And would you have one available for that purpose? Mr. Ron Williams: Absolutely, Mr. Mayor, I think we provide a response to that. I would like to say... Mayor Suarez: A response meaning, yes, they car. it? Not a complicated memo that doesn't tell... Vice Mayor Dawkins: That doesn't deliver it. Mayor Suarez: That doesn't deliver. Mr. Williams: Meaning that, as soon as the vehicle is available, they most certainly can have it. Mayor Suarez: Well, that's what I'm saying. If we're going to give 20 to a Sister. City, we ought to at least be ready to provide our own, you know, civic association and neighborhood association with one automobile that they've been requesting to replace the existing; one which is really broken down. 19 March 8, 1990 Mr. Will i.ama: Absolutely, I V01.:1.d, i)0t PVnr, 11kn to a dvice the Commission of. _ the time schedule in which we could possibly have vehicles am;111able for our Sister City or local. civic association and that would be sometime toward the R latter part of the summer when and after I come before you and ask for authorization to replace present vehicles that we have in service. Mayor Suarez: Ah, you want new ones. Commissioner Plummer: No, that's replacement. Mr. Williams: We absolutely will be coming to you asking to replace units this summer that are due for replacement in accordance with your policy. Once those vehicles are replaced, and identified as surplus, they certainly will be available to you to donate as you see fit. Vice Mayor Dawkins: What are you trying to buy, Mr. Williams, that I keep holding up because we're not purchasing locally? Mr. Williams: Police vehicles, one, Vice Mayor, and you've made that very clear and the second... Vice Mayor Dawkins: All right, so when you put that out, you already got some surplus or you wouldn't be buying these new ones. Is that correct? Mr. Williams: No, the vehicles that we would come to you and make available as surplus are present vehicles that are in service and once they are removed from our service operation, they will be surplus and, therefore, available to you to donate. Vice Mayor Dawkins: Do you have any motors? Do you have any motors available now? Mr. Williams: We do not have any motors, we plan to replace motors. But the Manager is asking me to clarify, for the record, a good point. We started here in a cost savings method, a recycling effort with our vehicles. As you probably notice, some of the departments now, non -emergency departments, are using vehicles that we have removed from police service because they were no longer functional there and we're using them in the non -emergency environment. So the vehicles that we will make available or identify as surplus to you, are those vehicles that serve no real meaningful and absolutely needed purpose within City departments. Vice Mayor Dawkins: OK, all right, then. Commissioner Plummer: Well, I think what is being said is, that they will be made available as soon as possible. Mr. Williams: That's accurate. Vice Mayor Dawkins: OK, and I want possibly be ten quickly. Commissioner Plummer: Mr. Hawkins, I would assume that we will impose the same provisions upon Florida City as we did on Sweetwater and that is that the day those vehicles are sold by you, any proceeds come back to the City of Miami. Vice Mayor Dawkins: By all means. OK, then, we can't take any action on that until 3:00 o'clock, Mr. Mayor. Mayor Suarez: Thank you, Chief, and Mr. Mayor. We'll, hopefully, take up the item at 3:30. Commissioner Plummer: Mr.. Mayor, may I suggest to my colleague that we... Mr. Dawkins? Vice Mayor Dawkins: Yes, sir. Corrmissiener Plummer: May I suggest that we pass that and if anyone wants it reopened so that they can go home and enjoy their lunch, if anyone questions it at 3:30, we could reopen it, but I would have no problem with voting on it now... 20 Marsh 8, 1990 Mayor S?:arPa.: AS a. `..entitive vote, Fir. City At.tol.-nPy, can ti:p coo that? Mr. Fernandez: Yes. Mayor Suarez: Subject to reopening. OK, so moved. Vice Mayor Dawkins: Second. 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. 90-194 A RESOLUTION CLASSIFYING UP TO TWENTY (20) SURPLUS POLICE PATROL SPECIFICATION CARS AS CATEGORY "A" STOCK, SHOULD SUCH CARS BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER DONATING THE SAME TO FLORIDA CITY, FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN MARCH 8, 1990 AND MARCH 7, 1991. UPON THE EXECUTION OF THE. APPROPRIATE RELEASE DOCUMENTS; SAID VEHICLES TO BE USED BY FLORIDA CITY, FLORIDA, IN ITS EFFORTS TOWARD DETERRING CRIME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: That helps us too. That way, we won't forget the item. Mr. Fernandez: Point of clarification. Has it been determined in the resolution the number of vehicles? Commissioner Plummer: Not to exceed twenty. Mr. Fernandez: Which means it could be one. Mayor Suarez: Why, as they become available, but not to exceed twenty. That's pretty clear. Commissioner Plummer: As they become available. That's why... Mr. Fernandez: Over what period of time? Because I have to draft the resolution and I need to know, is this an open ended thing? Commissioner Plummer: One year. Mayor Suarez: One year. OK... Mr. Williams: One point of clarification. Must I bring back those specific vehicle numbers, registrations, etcetera? Commissioner Plummer: No. Mayor Suarez: It certainly wasn't... Mr. Fernandez: No, because it would be presumed that for one year... 21 March 8, 1990 Mayor Sunre : If they meet the qualifications of the reaoli:t.ion as stated, T can't imagine that you would have to go one by one, right. Mr. Fernandez: Right. Correct. s Mayor Wallace: Thank you very much. Mayor Suarez: Mayor, Chief. - 11. BRIEF COMMENTS AND WITHDRAWAL OF AGENDA ITEMS 5, 15 AND 16. (CAMILLUS) --------------------------------------------------------------------------------- Mayor Suarez: OK, item... Commissioner Plummer: Mr. Mayor... Mayor Suarez: Yes? Commissioner Plummer: May I, if I - on item 16, I believe it is, in reference to the Camillus House... Mayor Suarez: Yes, item 16. Commissioner Plummer: I would like to ask Mr. Mayor, at this time, I have had a very good meeting with the individuals concerned and I would ask that item 15 and 16 be withdrawn at this time in the spirit of cooperation which they have demonstrated to me and I have to them. I think that there is some good solutions that can come about so I would ask, at this time, that item 15 and 16 be withdrawn from the agenda. And it is with their concurrence. Commissioner Alonso: Second. Commissioner Plummer: OK? Commissioner De Yurre: What about five? Commissioner Plummer: I don't know what five is. Mr. Jorge Fernandez: Yes, five is also related. Five is the presentation that you asked me to have ready for you where we would discuss condemnation proceedings. Commissioner Plummer: Likewise, item five. Mayor Suarez: OK, so moved as to deferral of those items... Commissioner Alonso: I second. Mayor Suarez: ...and, hopefully... there's no specific date in you motion, right? -or in your second, Commissioner Alonso? It's just held in abeyance pending further negotiations. Commissioner Plummer: Mr. Mayor, just for the record, Mr. Mayor, I have indicated to them the ball is in their court and they can get it scheduled on an agenda as soon as they bring the ball back into my court. Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEMS 5, 15 AND 16 WERE WITHDRAWN BY' THE FOLLOWING VOTE: 22 March 8, 1990 r� AYTS: Commissioner Victor r?A Ytirre Commissioner J. L. Plum-mnr, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: Excuse me, Brother Harry, I would suggest that you be here this afternoon or someone in reference to the Flagler Street situation because that's not been totally resolved, but I think we're working on that also. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Very good. -------------------------------------------------------------------------------- 12. (A) DISCUSS AND DEFER CONSIDERATION OF MIAMI SPORTS AND EXHIBITION AUTHORITY'S FISCAL YEAR 1990 BUDGET TO APRIL MEETING. (B) CITY COMMISSION DIRECTS MANAGER AS FOLLOWS: (a) TO ALWAYS PROVIDE ALL NECESSARY BACKUP INFORMATION ON EACH AGENDA ITEM; AND (b) ANY FUTURE STAFF MEMORANDA ADVISING THAT: "ADDITIONAL INFORMATION IS BEING SENT UNDER SEPARATE COVER", WILL PROMPT AUTOMATIC WITHDRAWAL OF ITEM FROM THE AGENDA. Mayor Suarez: Item four. On the Sports & Exhibition Authority budget. Commissioner De Yurre: Yes, Mr. Mayor, I'd like to have a deferral... Commissioner De Yurre: Mr. Mayor, on item number 4, I would like to have this item deferred until I have an opportunity to look at the budget myself over at the Sports & Exhibition Authority and become better acquainted with that before it comes back to the Commission. Mayor Suarez: OK, would you want to put that for a specific date? -second meeting of this month or do you want to wait till the first meeting in April? Commissioner De Yurre: Let's wait, at least, till April. Mayor Suarez: OK, motion to defer that item until the first meeting in April. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Thank you. Commissioner Plummer: I would suggest, Victor, that the young lady - what's her name? Commissioner De Yurre: Lourdes. Commissioner Plummer: Lourdes. That prior to that meeting, that she come and at least offer the opportunity to each Commissioner to ask questions in advance so that we don't have to defer it on that particular meeting. Mayor Suarez: Prep individual Commissioners who want that briefing. Commissioner De Yurre: No problem. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Commissioner Alonso: Yes... Mayor Suarez: Yes, Commissioner Alonso. 23 March 8, 1990 i} 1 Commissioner. Aionsry: ...I'ri like to A^tphasi.7.e again that where,tr-Pr an item is c in the agenda, please to provide to us the information regarding that item. For example, this one was placed and it says, budget for the Sport Authority and we had no papers, no information whatsoever. I think it is important, especially when it comes to things related to budget. Mayor Suarez: And, at least, if we don't have the up-to-date proposed budget or modification thereof, have the existing one or the last one that we approved so that one can compare. Vice Mayor Dawkins. Vice Mayor Dawkins: And, Mr. Manager, along the lines of what Commissioner Alonso is saying, I'm going to promise you now, any other items on the agenda, that comes to me and says, additional information will come under separate cover, I will immediately send a letter - a memo to the Mayor asking that it be withdrawn. Mayor Suarez: Yes, let's try to get all the information together, please, unless it absolutely cannot be done and then explain why. OK, item six. Commissioner De Yurre: Got to call... You going to call the roll on deferral? Mayor Suarez: I'm sorry, do we have to call the roll on the postponement of that item, deferral? ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMMISSIONER PLUMMER THE ABOVE ITEM WAS DEFERRED TO THE FIRST COMMISSION MEETING IN APRIL, BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Pltimmer, Jr. Note: Although absent at the time of roll call, Commissioner Plummer wished to be shown as voting with the motion.. 13. SECOND READING ORDINANCE: AMEND CODE SECTION 14-27(b) - ELIMINATE REQUIREMENT THAT DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEMBERS POST $10,000 BONDS. Mayor Suarez: Item 6, second reading. Vice Mayor Dawkins: Move. Mayor Suarez: Moved. Commissioner Alonso: Second. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Please call the roll. AN ORDINANCE - AN ORDINANCE RELATING TO DOWNTOWN DEVELOPMENT; AMENDING SECTION 14-27 (b) OF THE CODE OF THE CITY OF MIAMI, F'LORIDA, AS AMENDED, BY ELIMINATING THE REQUIREMENT THAT DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEMBERS POST $10,000 BONDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDI14G AN EFFECTIVE DATE. 24 March 8, 1990 FaSsed on i.t.G first reading by title at. the meeting of February 7, 10,90, was taken up for its second and final. reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10714. 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. ------------------------------------------------------------------------------- 14. SECOND READING ORDINANCE: PROVIDE THAT TERM OF OFFICE A CITY COMMISSIONER MAY SERVE AS MEMBER OF ANY AUTHORITY, BOARD, OR COMMITTEE BE SUBJECT TO ANNUAL REVIEW (See label 16). Mayor Suarez: Item 7. Commissioner Alonso: Move. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Jorge Fernandez: And, Mr. Mayor, there is a slight just inclusion in section two of the ordinance. We're making the requirements or we're recommending for you this nonsubstantial amendment or modification, rather, that the same report that the City Clerk is hereby directed to take necessary steps to implement the provisions of section one hereof by forthwith providing the City Commission and City Manager. In other words, we have just included the City Manager as part of the list of people who will be getting that report from the City Clerk. Mayor Suarez: OK, so moved and seconded and read. Any discussion? If not, please call the roll. AN ORDINANCE - AN ORDINANCE CONCERNING THE TERM ANY CITY COMMISSIONER MAY SERVE AS A MEMBER OF ANY AUTHORITY, BOARD OR COMMITTEE CREATED BY RESOLUTION OR ORDINANCE; PROVIDING THAT EACH SUCH APPOINTMENT OF A COMMISSIONER ON SUCH BOARDS OR COMMITTEES BE SUBJECT TO ANNUAL REVIEW COMMENCING JUNF. 1, 1990, SUCH REVIEW TO TAKE PLACE ON OR BEFORE THE A14NIVERSARY DATE OF SUCH APPOINTMENT; FURTHER DIRECTING THE CITY MANAGER AND THE CITY CLERK TO TAKE CERTAIN ACTION IN REGARD TO THE IMPLEMENTATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. 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 De Yurre, the 25 March 8, 1990 ordinance was thereupon glvpn Its second And f innl reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurr.e Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Comjnissiorer J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10715. 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. 15. SECOND READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS TO PROJECT ENTITLED "BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN" (PROJECT 331306). Mayor Suarez: Item 8. Second reading. Commissioner De Yurre: Moved. Mayor Suarez; Moved. Where is our Bayfront Park specialist? Vice Mayor Dawkins: He'd better come because I'm voting no. Mayor Suarez: I'll second for... 4 Vice Mayor Dawkins: It's been moved and seconded. Any further discussion? I would advise you guys to wait because I'm pretty sure there's going to be a two -two vote, which means it's defeated. But, we'll go along. Call the roll. Mayor Suarez: There he is. Item 8, the... Ms. Hirai: It's an ordinance. Mayor Suarez: ...Bayfront Park appropriations ordinance. Commissioner Plummer: Is there a problem? Mr. Odio: Yes. Mayor Suarez: We just need your vote. Vice Mayor Dawkins: No, no problem , I think, we may not need it. Mayor Suarez: Did you read the ordinance, Mr.....? Commissioner Plummer: It's nice to be Mr.. Jorge Fernandez: Not yet. Ms. Hirai: No, sir. Mayor Suarez: Please read the ordinance. Com.•nissioner Alonso: No. Mr. Fernandez: All nighty, this is an ordinance... Ms. Hirai: No, he needs to read the ordinance first. Commissioner Alonso: No, he needs to read the ordinance. 26 March 8, 1990 e -- Vice Mayor Dawkins: Cali. the roll., please. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. — 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY REDUCING APPROPRIATIONS TO THE PROJECT ENTITLED "BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN PLAZA COURT". CIP PROJECT NO. 331305, IN THE AMOUNT OF $500,000, FROM STATE OF FLORIDA, DIRECT _ APPROPRIATIONS - FY '89, AND INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED "BAYFRONT PARK REDEVELOPMENT - _ PEPPER FOUNTAIN", PROJECT NO. 331306, IN THE SAME AMOUNT OF $500,000, FROM THE STATE OF FLORIDA, DIRECT - APPROPRIATIONS - FY'89; 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 De Yurre, seconded by Mayor Suarez, 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. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Vice Mayor Miller Dawkins ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10716. 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. ------------------------------------------------------------------------------ 16. (Continued Discussion) BRIEF COMMENTS CONCERNING SECOND READING ORDINANCE REGARDING TERM OF OFFICE A COMMISSIONER MAY SERVE AS MEMBER OF ANY AUTHORITY, BOARD OR COMMITTEE (See label 14). Mayor Suarez: On item 7, Commissioner Plummer, ,you had a concern about the possible liability to the City of... Commissioner Plummer: Mr. Mayor, I'll wait for the legal opinion. Mayor Suarez: But you've asked for a legal opinion on it? Commissioner Plummer: What the question is, and this I'm not directing this = at Commissioner De Yurre, but prior to this ordinance passing, the City has had absolutely no liability in case of default or anything elne and if need =Y be, now by virtue of a Commissioner sitting on that board, there is, and I think we need to protect ourselves even further. There might not be any liability to the City from that obligation over there. But I've asked that in the form of a legal question to you and all I'm saying is, if there is any potential then liability, because he'll be there, somebody else will be there, then I think we need to protect ourselves to make sure that the City itself is not involved because of the Sports Authority actions. Because he's only one member of that board. Mayor Suarez: I'm pretty sure that the - what the answer will be because we have tightened our oversight so much with the budget approval and everything else, that there can'tpossibly be any further liability to us... 27 March 8, 1990 Commissioner Plummer: Well, Mr.. Mayor., the thrilst of my qus� gt.ion, basically. . c_— Mayor Suarez: But, anyhow, we ought to get a legal opinion, yes. Commissioner Plummer: ...prior to that action, in fact, only thing we've been is a landlord. OK? Commissioner De Yurre: I just want to know if there's any impact by the change? Commissioner Plummer: If there is an impact or could be, then I think we need _ to further the matter to protect ourselves here. That's all. Commissioner De Yurre: No problem. Mayor Suarez: OK... Mr. Jorge Fernandez: Besides that, it's my impression that as part of the Miami Sports & Exhibition Authority budget, there is provision for insurance and then provided in that insurance is officials liability insurance which means that any act of any member of that Authority, be that member a City Commissioner or otherwise, would already by the subject matter of policy that... Commissioner Plummer: That's fine as protecting the individual. I'm worried is... not worried, I'm concerned, is there a liability to the City because he is a Commissioner in this City.... Mr. Fernandez: Right, I understand your question. Commissioner Plummer: ...he or she, whoever may be in that chair. OK? Mr. Fernandez: I understand your question. 17. FIRST READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS FOR CAPITAL PROJECT ENTITLED "RENOVATION OF MANUEL ARTIME COMMUNITY CENTER" (PROJECT 333083). -------------------------------------------------------------------------------- Mayor Suarez: Item 9. Commissioner Plummer: Move it. Mayor Suarez: Moved. First reading. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please... Mr. Jorge Fernandez: First reading... Mayor Suarez: ...yes, Vice Mayor Dawkins. Vice Mayor Dawkins: Under discussion. We got money over there... Commissioner Plummer: Let's see what happens, I'll withdraw it if I have to. Vice Mayor Dawkins: ...and I never get an accounting of how this money ir- being spent. Then everytime I see we're putting more money which Is needed, but I still don't know what we did with it. Mr. Frank Castaneda: OK, what you're saying, Commissioner, is that you want an accounting of the money received from the State for the renovations that were undertaken there. Vice Mayor Dawkins: Yes, um hum, right. Mr. Frank Castaneda: No problem at all, Commissioner. 28 March 8, 1990 Vice Mayor Dawkins: OK., when can I get that? Mr. Castaneda: Tomorrow. Vice Mayor Dawkins: No, that's too fast, I mean, you'll spoil me. Dont' do that. Give it to me next week. Mayor Suarez: Plus, he's not going to be here tomorrow, I don't think. Commissioner Plummer: Mr. Mayor, I would hope that Community Development, now that this money has been spent over there and is brought this up to a first- class outfit, I would want you to go out and try to get some things done in there to let the public know that it has been redone. That it has now been brought up to a first-class facility and if we've got to do a few things free to get the people reoriented to a very nice facility, I think most of the impression today is, well, it's the old building. And I think we need to do some things in there that will bring that up to snuff including, maybe, Commissioner De Yurre's idea about town hall meetings. So, I'm just giving that to you. Mr. Castaneda: That's an excellent idea, Commissioner. I'd just like to remind you that about four months ago, we invited a number of people from the different arts communities and we had an event there in order for people to sit down there, see the ambience of the place and so forth. Commissioner Plummer: OK, I think you need more. Mr. Castaneda: No, I agree with you, Commissioner. Commissioner Plummer: OK. Commissioner Alonso: I have a question. Is it true that we cannot have life performances because we don't have the curtain? Mr. Castaneda: Some people feel that we need curtains in the front to have some events there. Commissioner Alonso: Is it very expensive? Mr. Castaneda.: They are very expensive... Mayor Suarez: Any kind of per... Frank, not some event, any kind of dramatic performance is going to need curtains. You're entirely right. Mr. Castaneda: Well, we have... Mayor Suarez: You sit there and you kind of wave your hands and tell people, don't look now and... Mr. Castaneda: Well, what we're trying to do right now is to resolve that issue with light effects. Mayor Suarez: With light effects? Mr. Castaneda: Right. And we also... Mayor Suarez: She's thinking of something a little bit more tangible. Mr.. Castaneda: No, no, I understand. The problem is that is very expensive and... Mayor Suarez: What does it cost, that was going to be her next question., I guarantee you. Mr. Castaneda: I don't want to say a figure from the top of my head but I will give you a figure, but that's the reason we're requesting additional allocation from the state for this year in order to complete all that, Commissioner. Commissioner Alonso: That's very much needed... 29 March B, 1990 Mayor Sitprez: yes, yes... Commissioner Alonso: ...in order to have tha kind of performance that are needed .in a theater like that. Vice Mayor Dawkins: If we had a report, see, I would be able to say, you know, why dial you take out all these seats and now you're coming back taking money to put in more seats and you took out seats and the money that you're buying the seats with could have bought the curtain. Mr. Castaneda: Well... Vice Mayor Dawkins: See, I mean - no, no, no. Bring me the report, and then I can have you, you know... Mr. Castaneda: OK. No problem. Mayor Suarez: And fairly quickly, Frank, because the legislative session is pretty soon to convene and... Mr. Castaneda: No, we have submitted a full proposal to... for that matter, it is in your package. Mayor Suarez: How much does it cost then? -as long as you now are finding all kinds of information? Mr. Castaneda: Stage, curtains and movie screen would cost $60,000. It's right here. Vice Mayor Dawkins: How much? Mayor Suarez: Sixty thousand. Mr. Castaneda: Sixty thousand dollars. Vice Mayor Dawkins: Sixteen? Mr. Castaneda: Sixty. Commissioner Alonso: Sixty. Vice Mayor Dawkins: Sixty? Mr. Castaneda: Six, zero. Mayor Suarez: OK, we'll go for it. Vice Mayor Dawkins: They move by themselves? Commissioner Alonso: They are very, very expensive. Mr. Castaneda: They are very large, Commissioner. Vice Mayor Dawkins: It is a large stage. Mayor Suarez: It is a large stage. OK, but we're going to go for that. I think it's a fairly high priority of this Commission, Mr. Manager, maybe we get the friendly lobbying people to remember that this is a high priority if I reflect correctly the consensus of the Commission. Mr. Odio: Representative Luis Morse promised he would get that. v Mayor Suarez: Great. Commissioner Alonso: Right. Mayor Suarez: All right, maybe he's got a separate budget. Item nine, have we read it? Vice Mayor Dawkins: The Mayor can't lobby because the Governor's angry with him so don't let him lobby. 30 March 8, 1990 El 11 Commissioner Plummer: That's, the Gover.nor'q problem. Mayor Suarez: Amen. Do we have the motion? Vice Mayor Dawkins: Whoa, move ten. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Seconded, any discussion? If not, please... Commissioner. Plummer: No, that's nine now, isn't it? Mayor Suarez: No, nine, nine, nine. I thought we had moved it. Did we not? Mr. Fernandez: No, we have not done nine. Mayor Suarez: OK, moved and second... Vice Mayor Dawkins: Move nine. Mayor Suarez: ...any discussion? Commissioner Plummer: Second. Mayor Suarez: If not, please call the roll. Call the roil. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1.0642, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, BY INCREASING TIIE APPROPRIATIONS FOR THE CAPITAL PROJECT ENTITLED RENOVATION OF MANUEL ARTIME COMMUNITY CENTER, PROJECT NO. 333083 YN THE AMOUNT OF $20,600 FROM INTEREST EARNED FROM THE STATE OF FLORIDA DIRECT APPROPRIATION GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller 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. 31 March 8, 1990 18. APPROVE INTERLOCAL AGREEMENT WITH CITY OF MIAMI - PERTAINING TO CITY'S COMMUNITY REDEVELOPMENT :BONDS, SERIES 1990 - AUTHORIZE PLEDGE OF TAX INCREMENT REVENUES. ------------------------------------------------------------------------- Mayor Suarez: Item 10... Vice Mayor Dawkins: Move ten. Commissioner Plummer: Move, second. Mr. Jorge Fernandez: No, Mr. Mayor, excuse me. Here to deal with item ten you have to put the City Commissioner meeting in hold, convene yourself as... Mayor Suarez: OK. Mr. Fernandez: ...the board of the... Mayor Suarez: We are now recessed on the regular session of the morning and we are now convened or reconvened as... Mr. Fernandez: Convene as Southeast Overtown/Park West Community Redevelopment Agency in order for you to consider item ten in that capacity. THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUE: Mayor Suarez: Thank you, we are so reconvenes. OK, what do we need to do on this item? -approving the Interlocnl Agreement? Commissioner Plummer: Move it. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Same on eleven. The following resolution was introduced by Commissioner Plummer, who moved its adoption: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI RESOLUTION NO. 90-195 A RESOLUTION, WITH ATTACHMENT, OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI PERTAINING TO THE CITY'S COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990; AUTHORIZING A PLEDGE OF TAX INCREMENT REVENUES TO THE REPAYMENT OF THE BONDS; AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: 32 March 8, 1990 AML AYES: Commissioner Victor PP furrA Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez W NOES: None. - ABSENT: None. Commissioner Plummer: Move eleven. Vice Mayor Dawkins: Move eleven. Mr. Fernandez: No, now ,you have to come back to the City Commission Meeting. Mayor Suarez: We are now adjourned as to... Vice Mayor Dawkins: Point of information. Mayor Suarez: Yes. Vice Mayor Dawkins: Why would we go back if ten and eleven are companion items? Why you Rot to go back? Mayor Suarez: We're acting as two different capacities. Commissioner Plummer: We wear two hats. Vice Mayor Dawkins: OK, well go back. Mayor Suarez: We're acting in two different capacities. Mr. Benjamin, sir. Vice Mayor Dawkins: No, I'll hear from him in a minute. Let's go back. All right now, we back in regular session? Mayor Suarez: If we go to item eleven, we have to be back in regular session. If you would like to have something reviewed or if we're going to hear from Mr. Benjamin, on item ten, then we stay on... Vice Mayor Dawkins: We on ten? Mayor Suarez: Yes, we stay as... Vice Mayor Dawkins: I thought he was on eleven. Mayor Suarez: ...the development board for the Southeast Overtown/Park West Redevelopment... Commissioner Plu:arner: As Mr. Benjamin gets up in age, he can't get up out of the chair as quickly. Mayor Suarez: Go ahead. Why wouldn't you want us to approve the int.erlocal agreement? Mr. Donald Benjamin: Mr. Mayor, Commissioners, as interim president of Overtown Advisory Board, just a question. We don't quite understand what this is about... Mayor Suarez: That's OK, we don't either. Vice Mayor Dawkins: I do. Mayor Suarez: It's a procedural step at this point, but I don't know if there's any substance to it, but go ahead, and try us. Mr. Benjamin: No, you see, anytime the whole question of tax increment comes up, you know we get concerned about it. Mayor Suarez: Yes. 33 March 8, 1990 Mr. Benjamin: And t.hAre isn't ennsagh i.nformAtion hore for ::s to know what this is all about. Mayor Suarez.: OK, Herb, are wa doing anything other than — Vice Mayor Dawkins: When we get to eleven, I think he'll understand. - Mayor Suarez: But on ten, is it basically a procedural step that we're taking? Vice Mayor Dawkins: To get to eleven. Mr. Herb Bailey: This is a procedural step to correct something that was omitted in 1982 when the county approved the interlocal agreement. We're just getting the Commission and the CRA to act as an independent body. It's just a procedural step. It has nothing to do with bonds at the moment. Vice Mayor Dawkins: When you get to eleven, we've both got some questions. Sit down. Mr. Bailey: Number eleven is probably what he might want to talk about. Mayor Suarez: Is that flag on your lapel an indication of where we're looking for high risk, low cost money? -is that the... Mr. Bailey: That's the flag, we have now married Japan with the State of Florida. Mayor Suarez: Ah, ha. And we think they have a surplus of seventy billion dollars a year roughly that we'd like to see coming in this direction. Mr. Bailey: They'll buy our bonds if anything else. Mayor Suarez: OK. Vice Mayor Dawkins: Buy our City if we sell it. Mayor Suarez: Call the roll on the motion. Commissioner De Yurre: What number are we on? Vice Mayor Dawkins: On ten. Mayor Suarez: Ten. THE CITY CLERK AGAIN CALLS THE ROLL FOR R-90-195. THEREUPON, THE CITY COMMISSION, II4 ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 34 March 8, 1990 AND i9. AUTHORIZE ISSUA14CE OF $22,000,000 OF CITY'S COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO FINANCE COST OF ACQUISITION OR IMPROVEMENT FOR REDEVELOPMENT OF PROPERTY IN SOUTHEAST OVERTOWNJPAR.K WEST REDEVELOPMENT AREA, AND TO FINANCE REPAYMENT OF LOAN FROM U.S. DEPARTMENT OF H.U.D. Mayor Suarez: Item 11. Vice Mayor Dawkins: OK, yes, yes, we're reconvened. Mr. Herb Bailey: Item 11 is our first step toward... Mayor Suarez: Oh, yes, we're reconvened, I'm sorry, as the City Commission, yes. Vice Mayor Dawkins: Get item eleven. Mr. Bailey: Item 11 is our first step that we have to take in order to hopefully, get our first tax increment bond issued. We have gotten an authorization from the County and the State, I think, we're up to $19,000,000. The process here is that we have to get a resolution passed by the Commission. We then have to go to a validation hearing and hopefully, we've crossed all of our is and dotted all of our i's. And we also then have to go through the County Commission for their approval. This process will take us a little while so we wanted to start it today and I remember in several meetings, I've been always asked, when are you going to issue the first tax increment bond? I'll have you know, it's really not an easy step, but we hope to make history here and probably get the first one ever issued in Dade County going to the market. Mayor Suarez: And there's not a spending plan at this point, just to begin the authorization for issuance of the bonds. Mr. Bailey: It's just an authorization to start the process. We'll probably get- back to you maybe three months from now, hopefully. Vice Mayor Dawkins: All right. Now... Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: In here, exhibit A says, "With the bond proceeds, the properties to be purchased...", and they list one, two, three, four, five, six, seven properties. Is that correct? Mr. Bailey: Commissioner, I'm sorry. I was being corrected by a City Attorney which is correct. It's a proposed spending plan but 1 say it's not a spending plan, it has to go through several other approvals and, hopefully, when we get there, we will probably be able to spend the money, so I would just raake that correction on the record. That's a Vice Mayor Dawkins: With the proposed bond proceeds... Mr. Bailey: Yes. Vice Mayor Dawkins: ...we plan to purchase one, two, three, four, five, six, seven pieces of property. Mr. Bailey: As much as we possibly can with whatever we have, yes. And this is for the Overtown Historic Village, between 8th and lOth Street, 2nd and 3rd. Vice Mayor Dawkins: OK. Now, OK, we'll purchase what we can... Mr. Bailey: Yes. Vice Mayor Dawkins: ...with what we have. Mr. Bailey: Yes. 35 March 8, 1990 Vice Mayor Dawkins: If we purchase all we have and we hw.-5! some left over, what? Mr. Bailey: If we have any money left over? Commissioner Plummer: It's a miracle. Mr. Bailey: We gust keep buying and... We do have some consideration and some plans to purchase a full block of land in front of St. John's Church to go with that St. John Development and that is in the tax increment district to remove two crack... Vice Mayor Dawkins: That's one of the pieces of property here? Mr. Bailey: No, it's not on there. Answering your question, if we have anything left over, we'll come back to you and say this is what we want to do. Vice Mayor Dawkins: Well, why would these be more of a priority than the St. John's propertyi Mr. Bailey: That is a priority that this Commission has set as a priority that we were asked for sometime ago because the next step is the Folk Village and then that priority was already set between 8th and loth, 2nd and ard. Vice Mayor Dawkins: Now, Mr. Manager, before we had a discussion and I got to find it here and we got into a long discussion. Here you said that these funds will be repaid from what now? Mr. Bailey: They'll be paid from the tax increment trust fund... Vice Mayor Dawkins: No. Mr. Bailey: None of the City monies. Vice Mayor Dawkins: I beg your pardon? Mr. Bailey: There will be no City monies involved in the repayment of these bonds. Commissioner Plummer: Where did that trust come from? Vice Mayor Dawkins: All right, now, listen closely you and the Manager. "Whereas the City proposes to pledge the rental revenue derived by the City tinder the land lease agreement dated October 10, 1986, between the City, the Miami Sports & Exhibition Authority and Dacoma Miami Associates, Ltd., and the City and the agency proposes to pledge the increment revenue and certain other funds deposited in the redevelopment trust fund." Mr. Bailey: That's correct. and I think this Commission... Vice Mayor Dawkins: All right. Now, last time, now you remember - I have to say this - you all two finished? OK, now I can tell. you two what I'm getting ready to tell you. I had to sit up here and argue and fuss so that that revenue from Decoma would not be taken and spent somewhere else rather than Overtown. I want to put that in the records, OK? Mr. Bailey: Correct. Vice Mayor. Dawkins: Now, you're saying here now again, that these funds are pledged for this. Don't put this Commission in the position of having to defend what you got here. Either you're going to do that or don't put it down here. Mr. Bailey: You want me to explain that to you because we're doing exactly what you said. We don't spend the funds directly, we put it in the trust. You got to let me explain it and then you can do what you want to do. Vice Mayor Dawkins: No, no, no, I'm going to explain to you. Mr. Bailey: Well... 36 March 8, 1990 VfcQ Mayor. T)awk.i.nc: Aio, no, no, wait. now, Mr.. Bailey. Mr. Bailey: OK, now you go ahead. Vice Mayor Dawkins: I'm going to explain, no, let me explain to you. OK? Mr. Bailey: You go ahead and say what you want to say. Vice Mayor Dawkins: You had it in the trust fund. OK? Mr. Bailey: No, we did not. Vice Mayor Dawkins: OK, well why wasn't it in the trust fund? Mr. Bailey: It was not in the trust fund. We just got the payment... Vice Mayor Dawkins: Why wasn't it.., it was in the general fund? Mr. Bailey: No, no, no. Vice Mayor Dawkins: Where was it? Mr. Bailey: The first payment we just got this year and it was directed by this Commission that it be a part of Overtown/Park West Trust Fund so we could bond it out to buy land in Overtown and then Park West. That is what we're doing. Vice Mayor Dawkins: OK. Now, what happened when you wanted to take $300,000 and do something with it in the general fund? You all don't remember that? Mr. Bailey: That wasn't done because you said... Vice Mayor Dawkins: I said, but it wanted to be done. I know we didn't permit it. Mr. Bailey: Well, no, let... Mr. Odio: Wait, no... Mr. Bailey: ...that was not done. Mr. Odio: Let me clarify. I wanted to do that. Mr. Bailey: Yes. Mr. Odio: I think that the City was entitled to get this money back and you ordered me not to do it. So we are not doing it. Mr. Bailey: We're doing what you said to do. Vice Mayor Dawkins: But when it's written like this, as it was written before, I shouldn't have to order you all guys not to do it. That's all I'm saying, Mr. Manager. Mr. Odio: No, I understand. We are doing exactly what you told me to do, which is not what I wanted Mr. Bailey: That's what that language does. Mr. Odio: I wanted the $300,000 for the general fund, but you told me not to do it. Vice Mayor Dawkins: I told you you couldn't do it. And according to this, we can't do it again if it comes up. Right? Mr. Bailey: No, from now on, it will always go through the trust fund. Vice Mayor Dawkins: 'Thank you, that's all I need. Mr. Bailey: Right. Mr. Donald Benjamin: Mr. Mayor, ve, from the Overtown Advisory Board ar.e always very concerred about these items. The Overtown Advisory Board, r.±ay I remind you, was set up when the Southeast Overtown/Park West project was being implemented. It -pas a requirement from the federal government and part of that requirement is for the Overtown Advisory Board to be involved and to be a sort of monitor to know what's happening. Too often I have to come down here and catch these things, you know, when action is about to be taken. I don't want to be in the position of trying to prevent the City from acting. All I am asking is that we be alerted, that somebody take the time and come and talk with the Overtown Advisory Board before all these things happen. Now, here are seven parcels are being earmarked for acquisition or whatever it in. We don't know anything about this. We need to go and talk... Mr. Bailey: Time out, that's not true. Mr. Odio: Time out. Mr. Bailey: Time out. Mayor Suarez: It says here, "..,properties to be acquired with the bond proceeds." Are those the ones you're referring to? Mr. Benjamin: Yes. Mr. Odio: Don't, don't... Mayor Suarez: That's what it says here. Mr. Bailey: But that's not the case. Mayor Suarez: It's not the case. OK. Now we find out, Don, that even though it says there, properties to be acquired with bond proceeds, that's not the case. Let's hear why it's not the case. Because I'll tell you right off the bat, I'm not ready to approve a single one of those. Maybe some other Commissioners are, but I'm not. Mr.. Odio: Well, what you're saying is wrong, Don. Mayor Suarez: No, no, no, what he's saying so far is right. It says, "Properties to be acquired with the bond proceeds." Mr. Bailey: No, no, no, what he's saying is wrong. Mr. Odio: No, he's not right. He's not right. Mayor Suarez: How 1s that not right, Mr. Manager? Mr. Odio: Don, the chairman before you was Bill Perry. He was made a full presentation and they signed off on it. There was a meeting in my office where he was presented... no, no, don't laugh, you're now the new chairperson. Mr. Benjamin: Well, yes.... Mr. Odio: The old chairperson, Mr. Bill Perry, Sr. or Jr., was in my conference room. He was made a presentation. lie wanted the Historic Village. That's exactly what we're doing here and now you're coming, with a different tune. Mr. Benjamin: Well, I... Mr. Odio: I have respect for you, so what we'll do is we'll brief you afterwards and tell you what we're doing. But that's exactly what the Overtown Advisory Board wanted. Mayor Suarez: But., Mr. Manager... Mr. Benjamin: OK, I have to apologize to you, Mr. Odio, because the way we want to function is if the president of the board meets with you, he comets back and reports to the full board. Mayor Suarez: That's the way it's supposed to work. 38 March 8, 1990 0 Mr. Benjamin: And I - what T'm snyi.Pg is... Mr. Odio: Well, that's not my problem. Mr. Benjamin: I know, I understand it. That's why I apologize to you. Mayor Suarez: Well, it is our problem. Wait a minute, it is our problem. We —_ have to consult the committee. How would you propose that in the future, we do effective consultation, Don? Mr. Benjamin: Well, Mr. Bailey and many of his people have been in the custom of coming to the board meetings and making presentation, explaining things to US. And that's all we're asking. Mr. Bailey: We have always, arid we still do that. This is not new. We started this over six months ago. I have personally gone to the meeting myself and made the presentation. Mr. Benjamin: Not about this. Mr. Bailey: Well, you weren't there. So you can't say that. Mr. Benjamin: Mrs. Adker? Mayor Suarez: Well, Herb, we... why are we arguing about this? They're going to need a full presentation. Mr. Bailey: I don't know why we're arguing about it anyway. Mayor Suarez: And we're going to need a full presentation, now, which of these properties are, in fact, related to the Folklife Village, the Overtown? Mr. Bailey: All of them and what we have to do in the bond indenture is to at least indicate the potential expenditure for the revenue. Mayor Suarez: Is that a ceiling? -the $22 million dollars? Do you realistically... Mr. Bailey: That's the amount we're asking for authorization. We've been only been permitted, what? -$19 million, private activity bonds of $19 million. Mayor Suarez: And, Herb, to clarify further for the community. Of those $19 million, how much is still to be returned to HUD for prior acquisitions? Mr. Bailey: About $6 million dollars. Mayor Suarez: And beginning the payments in about three years, roughly? Mr. Bailey: Well, no, we want to pay off the old loan, which is the $6 million dollars because the interest is a half million dollars a year. Mayor. Suarez: And the principal begins to be payable in about 3 years, I remember, after the negotiations we had. Mr. Bailey: About three years. All right. y Mayor Suarez: All right. So, $22 million is a fictional figure right now. It's just a ceiling. However, it is true, apparently, that when we say, properties to be acquired with the bond proceeds, although we have not yet approved finally this acquisition, that's the direction we're heading in. So you'd better get a quick briefing and you'd better give us input as to whether you think that's the correct, you know, purpose of the expenditure of the funds. Mr. Benjamin: Well, is it.... Vice Mayor Dawkins: OK, but before anything, Mr. Manager, I would like to suggest that the Overtown Advisory Boar-d and the Black Archives get together and speak as one... Mayor Suarez: It would be very helpful. 39 March 8, 1990 Vice Mayor Dawkins: ...so that when Mr. Bailey and his staff comes, they don't have to go two planes and have two different set of rules. Not - I mean, of signals. Mr. Benjamin: It .is customary for the... Vice Mayor Dawkins: See, you tell me what is customary, I want you to tell me what we're going to do. Mr. Benjamin: Well, I'm just trying to... Mayor Suarez: Right, we're going to improve whatever was customary, Don. We're going to improve the functioning here so we try to speak with a united voice because it's complicated enough as it is. Mr. Benjamin: All right, fine, thank you, good. Mayor Suarez: OK, on the item then before us. second? I believe we do. Commissioner Plummer: Move it. Commissioner De Yurre: Further... Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Do we have a motion and a Commissioner De Yurre: As discussion. I'd like to know, have any of these properties been purchased yet? Mr. Bailey: We have, as directed by this Commission, been spending $719,000 that was provided to us by UMPTA and we have at least five small parcels that we are acquiring now. Commissioner De Yurre: Of these seven. Mr. Bailey: In that location. See, they are a general location that you had, they're not specific parcels. We figured that with the $700,000 we are now spending along with what monies we get from here, we might be able to assemble most of the two blocks plus the piece across the street. Commissioner De Yurre: How much money are we going to have available of the twenty-two? Mr. Bailey: The first bond issue, based on what we have in the trust fund today ,and that's the only thing the bond community will look at, will probably give us no more than 10.3 million dollars. Commissioner De Yurre: Of the 22? Mr. Bailey: Of the 22 for the first issue, yes. And out of that 10.3, if we _= go to the market and right away we'll have $6 million of that to be paid out to HUD and we'll have $4 million left to work. with. That $4 million, along with the $700,000 we're spending, we hopefully will, assemble most of the land for us. Commissioner De Yurre: OK, what happens because once there's a feeling out there that this land is desirable and there's a market for it, obviously it shoots tip the price. Do we have... are we in a position to say that we're -- willing to pay X and no more than X? Mr. Bailey: We cannot offer more than what the two appraisals represent and as sometime a review appraisal may be necessary. Most of the laird we've acquired today we've been able to negotiate on the basis of what app;.,aisals we have. If the price goes beyond what those appraisals represent. as legitimate purchases, we go back to the drawing board. We have two options, we either will pay a higher price, ask for something else or we just the condemnation and, of course, the term. 40 March 8, 1990 Commissioner De Dirrg- of co>>r-se, that has to camp before the Commission ever. i.f... Mr. Bailey: Everything has to come before the Commission. Commissioner De Yurre: OK. Mayor Suarez: All right, we have a motion and a second. Is it an ordinance, Madam City Clerk - City Attorney? OK. Call the roll, if there's no further discussion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-196 A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY --TWO MILLION DOLLARS ($22,000,000) IN PRINCIPAL AMOUNT OF THE CITY'S COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO FINANCE THE COST OF OR TO REIMBURSE THE CITY FOR THE COST OF THE ACQUISITION OR IMPROVEMENT FOR REDEVELOPMENT PURPOSES OF CERTAIN PROPERTIES IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AND TO FINANCE THE REPAYMENT OF A LOAN MADE TO THE CITY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN CONNECTION THEREWITH; PROVIDING FOR THE SOURCE OF REPAYMENT OF SAID BONDS FROM REVENUES; AUTHORIZING THE EXECUTION OF AMENDMENTS TO AN INTERLOCAL COOPERATION AGREEMENT DATED MARCH 31, 1983, BETWEEN THE CITY AND DADE COUNTY AND THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING VALIDATION OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file .in the Office of the City Clerk.) Upon being seconded by Commissioner 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: Before I vote, Herb, the balance of the $22 million, what is that earmarked for? Mr. Bailey: Well, as soon as we get sufficient contributions to the trust fund, we'll come back before you probably with another request for an issuance and then we would designate what the balance of the monies would be used for. Commissioner De Yurre: OK, so now does this vote authorize you to go out and get the twenty-two? Mr. Bailey: It authorizes us to, up to $22 million dollars, yes. Commissioner De Yurre: OK, but before you spend anything beyond the 10.3 that you're going to get in the first issue, you're going to come before us with a plan. 41 March 8, 1990 Mr. Pailky: Whpre ever.'vtbing ue spt±nd comos the... Commissioner De Yurre: No, but I'm saying, as far as the proposal. of what the moneys to be expensed at. Anything over the 10.3 that we've been talking about now, which is to purchase these properties right here. Mr. Bailey: Yes. Commissioner De Yurre: Then, as far as I'm concerned right now, I have no notion of what you're going to be spending the balance, the excess of the 10.3. Mr. Bailey: The balance, we will come back before you with a list of proposed properties to be acquired, yes. Commissioner De Yurre: OK, thank you. I vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: And, Don, as you report back to the community, remember to caution them on the figure of what the actual bonding capacity will be. It's nowhere near $22 million dollars that we'll be able to spend there. We hope that the bonds will, at some point, be as high as $19 million, of which about $6 million is owed to HUD, so think of God knows what amount, but it's not $22 million. Mr. Benjamin: We heard a figure of $10 million just now. We want to show what... Mayor Suarez: That's a little bit more in the ball park, $10 million. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Just so we don't mistake what is going to be in... Commissioner Plummer: Could I ask a quick question`? Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer.: Herb, is all of the monies from this issue going to be spent in Overtown or can it be Park West Overtown? Mr. Bailey: It can be Park West Overtown, depending on the priority set in terms of those properties to be acquired. Commissioner Plummer: OK, as you know, I think that there is a chance now, or better chance, of the Camillus House being finally acquired. Can part of those monies be used for that, if necessary? Mr. Bailey: If this Commission so desires, yes. Commissioner Plummer: OK, I just wanted to know because it's not a done deal, but it's working that way. Mr. Benjamin: If I may try to clarify, when you say, Overtown, you're talking about Southeast Overtown and the project, not... Commissioner Plummer: Mr. Benjamin, a lifelong native of this town, to me Overtown would basically be from the rapid transit west and Park West is from the rapid transit past. Are we in the same ball park? Mayor Suarez: Fifth Street to 20th Street. The Vice Mayor said it roughly and on the north and south, that's about right. Mr. Benjamin: I just thought I'd add my little piece. Commissioner Plummer: Thank you, sir, In Trinidad -Tobago, we don't have those problems. Mr. Fernandez: Mr. Plummer... 42 March S, 1990 0 C:ommis5icner Plummer: Sir? ; '1 Mr. Fernandez: Point of clarification for the record. it must be spent within the Community Redevelopment area and that area is described by a legal — description. Commissioner Plummer: And, obviously, according to Mr. Bailey, that the — Camillus House does exist in that area. Mayor Suarez: OK. Vice Mayor Dawkins, Boy, they made s Christian out of J. L. Plummer.. Commissioner Plummer: It's much better to become a Christian than to be fed to the lions. = Vice Mayor Dawkins: It all depends on who opens the gate when they feed you to the lions. Mayor Suarez: There's a former Commissioner that I know would enjoy this discussion of religious issues here in the Commission. First amendment - implications thereof. 20. (A) AMEND AMENDED AND RESTATED GRAND PRIX AGREEMENT (OCTOBER 16, 1985) PROVIDE FOR SECOND RACING EVENT ON NONCONSECUTIVE WEEKEND. (B) DIRECT CITY ATTORNEY TO RESPOND TO ROUSE COMPANY'S REQUEST FOR REVIEW OF PROPOSED AMENDMENT TO GRAND PRIX AGREEMENT, CLARIFYING THEIR RIGHTS. ----------------------------------------------------------------------------- Mayor Suarez: Item 12. Commissioner Plummer: Mr. Mayor, I would like to move item 12. Mayor Suarez: So moved. Vice Mayor Dawkins: Second and under discussion... Mayor Suarez: Second, Vice Mayor Dawkins. Vice Mayor Dawkins: I agree, in total, but I will not waive Solid Waste since everybody says Solid Waste can't support itself, I can't sit up here and let you put more cast on Solid Waste when you tell me that it can't support itself and now you want it to pick up more free garbage. Commissioner Plummer: There is no proposal that it be waived, Mr. Dawkins. What it is, in fact, is, the Manager will negotiate with the agreement for the purposes of the in -kind services, but it's not waived. Vice Mayor Dawkins: May I read for you? Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: Limiting the City's in -kind service contribution for such second event to the provision of police, fire, and solid waste. In-k.ind means, no money. Commissioner Plummer: Well, I would assume it would be transferred out of special events budgets into the sanitation to compensate for. Vice Mayor Dawkins: I have no problem with that, as long as it's paid. Commissioner Plummer: Yes, of course. Vice Mayor Dawkins: OK, that's all I'm saying. Mayor Suarez: Yes, so their budget is not reduced by the sponsoring of this event. OK. We have a emotion and a second. Any discussion? If not, please call the roll. 43 March 8, 1990 The follcwing resolution was Introduced by Commissioner Pl.i.immer, who moved its adoption: RESOLUTION NO. 90-197 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE AMENDED AND RESTATED GRAND PRIX AGREEMENT OF OCTOBER 16, 1905, IN A FORM ACCEPTABLE TO THE; CITY ATTORNEY, PROVIDING FOR A SECOND RACING EVENT ON A NONCONSECUTIVE WEEKEND UNDER THE SAME TERMS AND CONDITIONS; HOWEVER, LIMITING THE CITY'S IN -KIND SERVICE CONTRIBUTION FOR SUCH SECOND EVENT TO THE JPROVISION OF POLICE, FIRE AND SOLID WASTE DEPARTMENT SERVICES ONLY; FURTHER PROVIDING FOR AN OPTION TO EXTEND SAID AGREEMENT FOR AN ADDITIONAL THREE TO FIVE YEAR TERM SUBJECT TO MUTUAL AGREEMENT BY THE PARTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Oh, I'm sorry. There have been complaints that during ' the Grand Prix, traffic of - and this came through to the International Trade Board that containers and etcetera were not allowed to leave the port during the Grand Prix. Commissioner Plummer says that's not true. Commissioner Plummer: No, sir, let me clarify that for you. We're very much aware of the problem that was created this year. A great deal of that problem was created by the construction of the new bridge which is going on. The other problem that we didn't really find out about was, was the Bayside parking structure in which people exiting that structure had to leave and could not make a left turn, had to go over to the port to come back to the boulevard and that more than doubled the amount of traffic that was involved. Commissioner, we're very much aware when we found it, Captain Glover immediately went with more personnel and, in fact, did get the traffic moving. So, hopefully, next year, the construction of the bridge will not be a problem. we'll resolve the problem with the Bayside parking garage and I think that you'll see a great difference next year. Vice Mayor Dawkins: I'm sure we will. I don't think... Commissioner Plummer: I will give you my assurance, sir. Vice Mayor Dawkins: All right, thank you, sir. COMMENTS MADE AFTER ROLL CALL: Mr. Jorge Fernandez: Mr. Mayor, a point of information on this item. 'Late last night I received a letter from Rouse, Bayside, in which they requested the opportunity to review any amendments to any agreements that the City may make with Miami Motorsports. Vice Mayor Dawkins: Why? Mr. Fernandez: In my opinion, after reviewing their letter and reviewing the contracts, Bayside does not have a right to review... 44 March S, 1990 Vice Mayor Da.wkina: Ti+ank you. Mr. Fernandez: ...they may have a right that the City might have given them and we're in the process of looking through all of the agreements and amended agreements that we have with Bayside and, at best, they would have a right to inspect, but not necessarily to either approve or. reject... Vice Mayor Dawkins: Mr. Mayor, 1 make a motion... Mayor Suarez: Vice Mayor. Vice Mayor Dawkins: ...that the City Attorney draft a letter to Bayside and tell them that they have no rights... Commissioner Plummer: Go to where? Vice Mayor Dawkins: That place where the people you bury go. Mayor Suarez: Yes, why don't you do that and tell them exactly what their rights are and what they're not, if you would. Vice Mayor Dawkins: That's all. Mr. Odio: We will because... Vice Mayor Dawkins: And if they have such a rights, let's find out how to negotiate it out. Mr. Odio: They don't have the right. Vice Mayor Dawkins: OK, thank you, Mr. Mayor. I know they don't. We know they don't. Mayor Suarez: That right to inspect makes sense. Commissioner Plummer: They, like any member of the public, have the right to review any item before... Mr. Fernandez: Correct. Commissioner Plummer: ...but nothing else... Mr. Fernandez: That's it and that is what my opinion to you is today. That's why this vote is properly taken. But I felt it was my duty to inform you that I had gotten that type of letter so that you understand and hear it from me before you hear it from anybody else. Mayor Suarez: Very good. Well, it sounds like we ought to respond to it as the Vice Mayor is suggesting, so... Commissioner Plummer: The real question is, did they send it collect? Ms. Hirai: Mr. Mayor, we have to call the roll on the prior motion. Mayor Suarez: I'm sorry. Go ahead and call the roll on the prior motion. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-198 A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT A LETTER IN RESPONSE TO ROUSE COMPANY'S REQUEST TO BE ALLOWED TO REVIEW :THE AMENDMENT TO THE GRKND PRIX AGREEME14T CLARIFYING THAT THEIR ONLY RIGHT IS THAT OF INSPECTION OF THE INSTRUMENT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 45 March 8, 1990 AYES- Commissi.oner. Victor De Yurre Commissioner Miriam Aloriso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: *Commissioner J. L. Plummer, Jr. (*Although absent at the time of roll call, Commissioner Plummer requested to be shown as voting with the motion.) Mayor Suarez: On item 13... Vice Mayor Dawkins: He's not here, you have to be in the chamber to vote. Ms. Hirai: I will ask him as soon as fie comes back. 21. DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP CITY -OWNED PROPERTY - AUTHORIZE PREPARATION OF R.F.P. FOR U.D.P. - SET. PUBLIC HEARING TO TAKE. TESTIMONY REGARDING A UNIFIED DEVELOPMENT R.F.P. FOR DEVELOPMENT OF MIXED P,ESIDENTIAL/COMMERCIAL USES (MIAMI A.L. K14OWLTON BLOCKS 55N, 56N AND 45N) - AUTHORIZE SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT COMMITTEE - EVALUATE PROPOSALS. Mayor Suarez: On item 13, I'll entertain a motion to reissue the UDP. Commissioner De Yurre: Moved. Mayor Suarez: Moved. Second? I'll second. Commissioner De Yurre: Good, no further discussion. Vice Mayor Dawkins: No further discussion. Mayor Suarez: Miriam, do you want to call the roll? -you're chair. Commissioner Alonso: Yes, call the roll. Mayor Suarez: Or, Miller, I guess. Commissioner. De Yurre: Call the roll? y 46 March 8, 1990 q The folinwi.n.g resolution wRs Int.rodixced by Commissioner Pe Yurre, Who PPmoL*pd tts gdoptl.ort: RESOLUTION NO. 90-199 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON PROPERTIES OWNED BY THE CITY IS BY A UNIFIED DEVELOPMENT PROTECT (UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL (RFP) FOR A UDP, AND SETTING A PUBLIC HEARING FOR MAY 10, 1990 AT 2:30 P.M. TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT RFP FOR THE DEVELOPMENT OF MIXED RESIDENT IAL/ COMMERCIAL USES OF CITY BLOCK NO. 55 BOUNDED BY N.W. 6TH STREET, N.W. 7TH STREET, N.W. 2ND AVENUE AND N.W.3RD AVE14UE (MIAMI A.L. KNOWLTON BLOCK 5.5N), BLOCK NO. 56 BOUNDED BY N.W. 6TH STREET, N.W. 7TH STREET, N.W. 1ST COURT AND N.W. 2ND AVENUE (MIAMI A.L. KNOWLTON BI..00K 56N), AND BLOCK NO. 45 BOUNDED BY N.W. 7TH STREET, N.W. 8TH STREET, N.W. 1ST COURT AND N.W. 2ND AVENUE (MIAMI A.L. KNOWLTON BLOCK 45N); TO AUTHORIZE THE ISSUANCE OF AN RFP; AND TO SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller Dawkins ABSENT: Commissioner J.L. Plummer, Jr. (Note: Although absent at the time of roll call, Commissioner Plummer wished to be shown as voting with the motion.) 22. BRIEF DISCUSSION CONCERNING LAS PALMAS CIVIC CENTER TOXIC WASTE - DISCUSS POTENTIAL LIABILITY OF OIL COMPANIES. Commissioner De Yurre: Mr. Mayor, something that I'd like to bring up, if I can a moment, talking about land and things of that nature. Ms. Hirai: Commissioner Plummer votes yes. Commissioner Plummer: Yes. Ms. Hirai: Yes, yes. Commissioner Plummer: On the previous one and that one. Ms. Hirai: On the previous one as well. Commissioner De Yurre: Mr. City Manager, it came to my attention that we've got some environmental problems with the land over at Las Palmas where that project was going to go up. Do you have any information on that? Mayor Suarez: i,"ajor environmental problems. Mr. Odio: No, I haven't... 47 March H, 1990 r== Comm ,ac ott¢r Pp Yurre— 1'e1i me it could r_ost, lip t;o wel l over a million w- dollars to clear the... Mr. Odio: Which one is Las Palmas? Commissioner De Yurre: Las Palmas. Vice Mayor Dawkins: The civic center rite? Mayor Suarez: Yes. Vice Mayor Dawkins: That's right. Well over a million. Mr. Odio: I think I know what you're talking about, yes. Commissioner De Yurre: OR, but: you know, my concern is that they told me that we have the burden of cleaning it up as owners of that property. And you're talking about a million or two million dollar tag price, you know, I'd like to get some information on that because it just... Mr. Odio: Yes, I know, just the Las Palmas didn't ring a bell, it's the civic center deal. Mr. Herb Bailey: Civic center, toxic waste. Vice Mayor Dawkins: It costs a million, Mr. Manager, because it's of such a toxic nature that you have to take it to Kentucky or somewhere and put it in a cave and to gather it up, seal it, and truck it up there, is what's going to be expensive. Go ahead, I'm sorry, Mr. Bailey. Mr. Bailey: Well, no, you're correct, Commissioner. And that's becoming an increasing concern of ours now that we are acquiring properties all over the City. Under the new regulations that creates a real financial problem because just about every piece of land we buy is dirty, one way or the other, at least not in our eyes, but in terms of the Environmental Protection Agency it does have some hazardous residue in the soil and we are paying a lot of money to move some of it. We're grappling with the problem as to how we can resolve and :Hake it more cost efficient for us to acquire land in those situations. Vice Mayor Dawkins: Well, Mr. Bailey, then if this property belongs to us and we're responsible for it, there's no way to go back to the people who we bought it from who...? Mr. Bailey: The law does permit to regress back to previous causes and no one is removed from liability. However, the responsibility is on the present owner and, of course, there are interlocking lawsuits. The Law Department is very familiar with that and we've been dealing with this problem is who do we sue or what happens, but we have to clean it up if we currently own it. Vice Mayor Dawkins: So now, if we purchase the property from Camillus House outright and toxic waste is found there, since we are the owners, we are responsible for removing the toxic waste. Mr. Bailey: For initiating the cleanup and whatever remedies we have. Commissioner Plummer: Whoa, whoa, whoa, whoa... Vice Mayor Dawkins: All right, now if - but if we do not purchase it until we find out whether it's there or not, then it's their responsibility to clean it up. Mr. Bailey: Well, you have options. Commissioner De Yurre: No, oh, we - you know, we would purchase contingent to that being looking into. Commissioner Plummer: Can I interject? Vice Mayor Dawkins: Yes, um hum. Commissioner Plummer; In my discussions with them and I think that they're agreeable, they would have to speak for themselves, I was willing to go 48 March 8, 1990 because they are a charitable institution, on a 50/50 ba9.i.G. They halve lgr4ed already, is my understanding, to 50 percent of the study... Linda Kierson, Esq.: That's correct. Mr, Bailey: We're initiating a study now to see just what the extent of it may be. Commissioner Plummer: OR. And that if., in fact, something is found that is going to cost money to be removed, we would splitit on a 50/50 basis with my proposal to them and they seem to be agreeable. Commissioner De Yurre: Depending how much it is. Mr. Bailey: I'm not aware of that, but if that' what you... Commissioner Plummer: No, no, no, whatever it is, it would be fifty... Vice Mayor Dawkins: I don't care what it is, I don't care what it is, um hum, um hum. Commissioner De Yurre: Well, I know, but, you know, I can't vote for something that there's no .limit and, of course, I figure we would know. Commissioner Plummer: Well, you're not voting at this time because they haven't totally agreed. Commissioner De Yurre: No, but I'm saying, if that were to come before us under those conditions. Vice Mayor Dawkins: It has to come back. Mr. Bailey: We hope by the... ® Commissioner Plummer: Well, I think we have to remember that previous to this, Mr. Bailey said that he didn't think that it was any major problem. Mr. Bailey: No, I don't think there's really major problem. However, we will give you the advantage of a professional test. We've already initiated level one testing and that costs us about $2,000 which is very cheap. We will, from level one testing, determine the extent of level two testing which gives us an actual indication of the toxicity of the soil. Commissioner De Yurre: OR, now, as far as this land is concerned, I guess it applies to any other land, are we under a timetable when toxic waste is discovered on property as far as removing it? Mr. Bailey: We have to... once you determine or has been discovered or you know that there is toxic waste, you have to notify DERM (Department_ of Environmental Regulations and Management) and then that's when the action to remedy the situation kicks in. Commissioner De Yurre: OR, now if we're talking about a one to a two million dollar price tag to clean up that piece of property, where is that money going to come from? Mr. Bailey: Well, I had made the suggestion that the last amendment, that and we have a diierrma because we have to let them know it's their right-of-way and I don't know how much time they'd give us to clean it up, but when we put the property out for bid, that we would negotiate with the developer to remedy the toxic waste problem and we adjust the lease to the developer on the site so that we would not have to pay them the money from. the City. And the RFP would put out with the understanding that the site would have to be cleaned of any known toxic waste. However, we will know what that is before we go out to RFP and we'il have an indication as to how much that would cost. Commissioner De Yurre: Are you trying to tell me that whoever develops that land would have an extra $2 million dollars worth of expenses that they would have to figure into their numbers? hlr. Bailey: If that is the figure to remove the toxic waste, that would be the price, yes. 49 March 8, 1990 Commissioner De Yurre: How do you expect ever to develop that land? Mr. Bailey: Well... Commissioner De Yurre: You know, how do you expect any developer to accept something like that? Mr. Bailey: Well, that's not... I doubt if it will ever cost $2 million dollars. The most price - the largest cost we've had to date on some real bad soil, was $200,000. However... Commissioner De Yurre: How many acres are we talking about? Mr. Bailey: We're talking about one city block, so you maybe you have and maybe four acres there. But we've done two other blocks and had the same problem what we paid the price and it was very bad. We moved tanks and everything else. A block of land of that size has a market value of maybe between six or seven million dollars. When we deed it out under the UDP process, we are flexible in determine what the lease revenue would be to the City and we have the option to go anywhere from a dollar up to fair market value. So what we do, we make the adjustments in terms of the revenue to be derived based on the cost of preparing the lard for which we don't have to pay for. So, what we do, we don't put the money up front, but the developer gets an adjustment in the lease for a certain period of time to adjust for the cost he has to pay to clean up the land. Commissioner De Yurre: OK, so it safe to assume, I guess, based on the developments that we have in recent times with toxic waste and all the requirements, that whenever a piece of property is offered to the City for purchase or donation or anything, that we run some kind of test to make sure that it is of the nature that we require. Mr. Bailey: We have been putting into our sales agreement that the removal of the toxic waste is the responsibility of the seller. Commissioner De Yurre: How about the test? Mr. Bailey: However, on Mr. Sawyer's property, we have run into a real problem that caused us to go back to think about it. We're offering him $125,000 for the site and the extent of the waste, the toxicity there is so large it may cost them more than that just to remove it because they left gas tanks under there without being cleaned out and the water is now polluted. So, we have a - each case... Mayor Suarez: But what he's saying is that before we actually carry out the purchase, because of the number of these incidents, we have to be sure that the toxicity has been determined and removed. In other words, we can no longer buy subject to then later, you know, determining that there is toxicity and that they have to incur the cost or that that would be deducted from the purchase price. It's now got to be a situation that's a condition precedent to any further negotiations. Mr. Bailey: You're right, Mr. Mayor, and that was directed... Mayor Suarez: We've been hit on four or five of these now. Mr. Bailey: We were given that direction before, but when you get to a situation like a small property like Mr. Sa.wyer's, you got a problem. Mayor Suarez: Well, if you have a situation where it costs - right.... Mr. Bailey: You have to rethink it. and... Mayor Suarez: Well, we may have to rethink whether to buy that at all. Mr. Bailey: Well, then that's in the project area and the decision then, is do we develop or stop? Mayor Suarez: But, Herb, this whole discussion started over a housing project over in Allapattah. We're not going to buy a site if it costs more to remove the toxic waste than it does to purchase the property. We have other properties that we could buy. 50 March b, 1990 Mr. Bailey: Yes, u.e already own that site by the way, and you're... Mayor Suarez: I know and that mistake was made way back. Mr. Bailey: Yes. Mayor Suarez: But we want to make sure we avoid that. As part of the purchase contract, we have to make sere that the inspection is carried out and that a certificate of no contamination is given to us before we even proceed with the purchase. That's... Mr. Bailey: That's a good recommendation. Commissioner De Yurre: Especially with these properties that we're looking at buying in Overtown. You know, if all of a sudden we got $4 million to purchase, it's going to take another $4 million to clean out, then, you know, I mean what are we doing? Mr. Bailey: It just runs the cost of development up. Vice Mayor Dawkins: See, that's not Mr. Bailey's fault... Commissioner De Yurre: I'm not blaming fault, I'm trying to avoid that from happening. Vice Mayor Dawkins: It's not the City of Miami's fault. It's the federal government's fault who went through there with urban removal., I-95, and the rapid transit and destroyed all of the home sites and now you're dropping the responsibility for all of this back on to the taxpayer. What I think Mr. Bailey said that it could be removed if the developer decided to remove it and the City would pay for, it by letting him, by inducing his lease arrangement. So, but any way, the City pays for it. Commissioner De Yurre: Yes, well, we have to have that awareness before we make any decision about purchasing anything. Mayor Suarez: The condition has to be built into the con... Mr.... Mr. Bailey: We will take tests before we will finalize any other sales agreement. Now, we may have to pay for that test, but a couple of thousand dollars probably is much better than two or three hundred later on. Mayor Suarez: Better than the possibility of a huge contamination. Madam - City Attorney, one other point on this, it seems like a lot of these contaminations, correct me if I'm wrong, are the result of the property being used as a gas station. Ms. Kierson: That's correct, or laundry. Mayor Suarez: I would like to see, and if the Commission would agree with this, I would like to see the City Attorney look at the possibility that we — could pursue in all of these instances, and in a collective way, so that we - don't have to spend too much money and too much time, an investigation of the potential liability of the oil companies that were located in these gas stations before and under the super fund legislation, aggressively hold them liable. Sue them. They're certainly deep pockets. I mean, we're talking -n most of these are well known gas stations and they ought to contribute and I think we ought to maybe begin to file that lawsuit as quickly as we can determine that there may be liability there and have them make their contribution. We may get :pillions of dollars out of them... Ms. Kierson: Absolutely. Mayor Suarez: ...there's like four of five sites. Do you have any problem =� with that, any Commissioner? Vice Mayor Dawkins: No, I'd just like to add, Mr. Mayor, that add to that, -= the Greyhound Bus Company. R -i _ Mayor Suarez: And the - yes, anyone... -R 51 March 8, 1990. Vice Mayor Dawkins: The Greyhound Bus Company.... Mayor Suarez: Absolutely. Vice Mayor Dawkins: ...in there before they... Mayor Suarez: The way that that works, if I'm fully aware of it, is that anyone in the line of the contamination; the owner, the person that sold tha product, anyone who was disposing of the waste that didn't properly take care of it, could be liable. Ms. Kierson: Correct. Mayor Suarez: And I hope the Manager is involved fully in this process. It is - we have been hit; when you count the Latin Quarter Specialty Center acquisition, Overtown/Park West, Little Havana substation - wasn't that another one that we had contamination? Ms. Kierson: Yes. Yes. Mayor Suarez: Now, Las Palmas. Possibly Mr. Sawyer's property and the rest of the Folklife Historic Village properties. We're talking six major acquisitions where millions of dollars... Vice Mayor Dawkins: Camillus House too, Mr. Mayor. Mayor Suarez: ...Camillus House. I'm sorry, Camillus House, very important point. That's right, in fact, it was the sticking point to the completion of the agreement. We may have a lawsuit for millions of dollars against a variety of defendants and we're not aggressively pursuing the City collecting against other people who are liable. Everybody sues us and we don't sue anybody. And I hope we take a more aggressive posture there because if I remember the legislation correctly, anyone that could possibly be in the line of the contamination, could be theoretically, liable for the entire amount unless they make a deal with the super fund agencies, so - and make a contribution to that cleanup. Mr. Bailey: Let me just make you aware of cost. We've done level one testing on Mr. Sawyer's property. Level two will cost us $20,000 before we can even determine how bad the ground water contamination ia. We're having a problem now trying to find money just for the payment of that. We will probably take it from the trust fund. Mayor Suarez: What oil company was located there? Is that one that had an oil company there, a gas station? Mr. Bailey: An oil company, the same. We'll probably get the money from the trust fund once we have a bond issue, but it does cost us money. It won't cost the City any direct money from its appropriation, but we'll take... Mayor Suarez: Yes, but tax increment fund is a fund that we want to use for all kinds of capital improvements and it's money from our projects, in any event. What did you say was the oil company that was there, Herb? Mr. Bailey: We don't know the name of it., but we do know... Commissioner Plummer: It's called, fly by night. Mr. Bailey: ...and we do know that the tanks did leak into the ground water. The level one testing has told us that. Mayor Suarez: Pursue them vigorously. -s 52 March 6, 1990 n nor 23. AUTHORIZE REFUNDING OF SPECIAL OBLIGATION BONDS, SERIES 1985, AND ISSUANCE OF SPECIAL OBLIGATION REFUNDING BONDS, SERIES 1990 ($13,000,000). ------------------------------------------------------------------------------ Mayor Suarez: Item - what item are we on, Madam City Clerk? Ms. Hirai: Fourteen. Mayor Suarez: Fourteen. Authorizing refunding of special obligation... is this the refinance of the famous bonds that you've been promoting? Mr. Carlos Garcia: Yes, sir, we're seeking preliminary approval on this bond refinancing at this time. As we said previously, we'll have to come back to the City Commission with a final transaction. We have met with members of the City Commission since the last meeting... Corrimissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? Vice Mayor Dawkins: I'm voting no because I just don't see how I could sit here and start out with a bond of eight million dollars and keep refinancing it and go up to $15 million. In my good conscience, I just can't vote for that. Mr. Garcia: Commissioner, if I could just make a comment. Since the last meeting, we have been talking to the insurance companies that insure these bonds and there's a probability that we can eliminate a 1.5 million dollar reserve that will reduce the principal by that amount. We're also thinking of eliminating the upfront savings the City was going to take of half a million dollars. If that is the case, if we're successful with. those two concepts, the bond issue will be reduced to about $13 million dollars. Again... Mayor Suarez: Well, if you're successful with those two concepts, you got my vote. In the meantime, you don't. Commissioner Plummer: It's got to come back. Mr. Garcia: Well, Mr. Mayor, when we come back with the final transaction, you know, we'll incorporate those two if we can. Mayor Suarez: Because, otherwise, you won't have my vote and I don't see voting for it today. Commissioner Alonso: Yes, they have to come back. Mayor Suarez: Why would you want us to vote it today until you have ascertained if you cart, in fact, save in present value, half a million dollars, plus another million and a half? Mr. Garcia: As far as savings, there will be more than half a million dollars... Mayor Suarez: From insurance, or whatever the... Mr. Garcia: ...the savings will be there. But what we're saying, those present value savings, we were talking about taking out immediately half a million dollars for the City. We're saying... Mayor Suarez: Oh, taking cash out and owing a lot more in principal amount. Mr. Garcia: Yes, sir. We don't want to do that. We want to make sure the present value savings are at least half a million dollars, probably more than that. But, instead of... 53 March 8, 1990 WOR Mayer Suarp7 : OK, what about, this ot.hor million Rnd half , which i.s more .. . half a million just isn't enough, Carlos. You and I discussed it: and we discussed it here in the Commission, with something that keeps going up in principal amount and the whole world making money off this refinancing; lawyers, accountants, counselors, financial advisors, everybody. I'd rather if we don't have too many more financings to do, reduce the level of staffing in the Finance Department, and save a half a million dollars there. Because I - don't see, you know, for half a million dollars or.. a debt that keeps going up in face value. Just can't explain that, so where ;s this other million and a half coming from and when are we going, to know that we're going to have a savings? Mr. Garcia: We're talking about a debt service reserve that we have in every type of bonds like this, we're supposed to have a debt service reserve. What we're talking in this case is talking to the insurance company and getting a policy instead of that debt service reserve. If we are... Mayor Suarez: Oh, so now we're going to pay an insurance company to insure the reserve instead of having it in savings and how much is that going to cost in insurance premiums? Mr. Garcia: No, sir, it's still the bottom line savings would be at least half a million dollars. That will cost about $60,000. Mayor Suarez: Anyone else want to inquire, Commissioners? Commissioner Alonso: Well, maybe we should defer this item and give them an opportunity to check whether we will be able to discuss with insurance and then come back to us again. Maybe that will be the sound thing to do at that this time. Vice Mayor Dawkins: Bu'.: when you come back, I'll still feel the same way, OK? - but I want to tell you why, OK? We got the Gates Case, we got all these things that are looking at us in the face and instead of in my opinion, finding solutionz, are adding more of our... Mayor Suarez: Future obligations. Vice Mayor Dawkins: Future obligations on top of what we already have and I mean... Mr. Garcia: Well, let me just clarify that. The total obligation of the City will be reduced if we do this transaction. The principal will go up, but the... Mayor Suarez: Not the face amount, but the principal amount? Mr. Garcia: No sir, for the total obligation of the... Commissioner Alonso: Yes, the face amount as well. That's what the numbers he showed to me. Mayor Suarez: No, no, the principal amount goes up. That is what I call the face amount. Mr. Garcia: The principal amount will go up. As it is now, the principal will go, but the total obligation of the City will. be red-, ced, because the interest portion will be reduced. This is like any... Mayor Suarez: The present value because the interest payments are less, but the face amount, the principal amount, the thing that people know is how much we owe and that comes out of the prospectus goes up. That's been going up as Vice Mayor said, $8,000,000 to what? - fourteen plus then. Mr. Garcia: I think there is a possibility that we may be able to reduce that, as I said. -A Mayor Suarez: Huh? I'm interested in that possibility. �d -- Mr. Garcia: The total debt service still will be lower for the City even with the higher principal amount. 54 March 8, 1990 a Commissioner Alonso: Yes, but ,vou toll me that the face amount. in the eacond suggestion that you showed me... Mr. Garcia: Right. Commissioner Alonso: ... and if you want that I thought it was possible for me to vote that in direction... Mr. Garcia: Why don't we do this... Commissioner Alonso: ... if it was the second option and it was going down, right.? Mr. Garcia: May I suggest that we limit the amount of the bond to $13,000,000, which is what we have now? If you approve that today... Mayor Suarez: All right, no problem with that. If you are not going to increase the principal amount, then I don't have to go back to... Mr. Garcia: Would you be willing to do that? Mayor Suarez: ... my constituents and all of us and explain to them why we keep refinancing something and constantly owe more money, see? Mr. Garcia: OK, if it doesn't work with the insurance company, we'll do the transaction. If it works, we'll bring it back to you. Vice Mayor Dawkins: No, but see but, when you bring this back then put in 'i there not to exceed $13,000,000 and not put in there not to exceed $15,000,000. Mr. Garcia: But you could today, approve the resolution based on that amendment to it, changing the amount to $13,000,000. Mayor Suarez: What does that allow you to do that you wouldn't otherwise be able to do? Why would you want this? Mr. Garcia: It will give me... at least we will know that we will have those underwriters here in place, you know, Merrill -Lynch and the other companies. Mayor Suarez: Oh, they are in place, they are out there hot and ready. Mr. Garcia: Well, but at least we will have your, you know, approval of them, so it will make me feel more comfortable. We have at least as... Mayor Suarez: In concept, you mean? If somebody wants to move a resolution that says, or a motion that says, "In concept," as long as you don't exceed the principal amount and that we would not mind refinancing, that saves us at least $500,000 that we could take the savings up front. Somebody wants to move that, that's fine. Commissioner Plummer: I'll move it. Mayor Suarez: Moved and seconded. -- Commissioner Alonso: Yes. - Mayor Suarez: Any discussion? If not, please call the roll. Mr. Plummer: Wait a minute. We've got a caucus going on over here. -- Mr. Garcia: It is only preliminary approval. We have to come back to this City Commission with all the approvals, Commissioner Plummer: So say preliminary approval rather than concept. Big deal, I vote yes. Commissioner Alonso: You can't go anywhere with that. =-n Mayor Suarez: Conceptual approval with those limitations. Ms. Hirai: Need a second, Mr. Mayor. I have a mover, I need a second. 55 March 8, 1990 Mayor Suarez: It a3as mo-,Pd and seconded. Ms. Hirai: Thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, PRELIMINARILY AUTHORIZING APPROPRIATE OFFICERS OF THE CITY TO TAKE CERTAIN ACTIONS AS SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH THE REFUNDING OF THE CITY'S OUTSTANDING SPECIAL OBLIGATION BONDS, SERIFS 1985, AND THE ISSUANCE OF THE CITY'S SPECIAL OBLIGATION REFUNDING BONDS, SERIES 1990, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $13,000,000; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT BY THE UNDERWRITERS NAME HEREIN; 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.) 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. Mr. Garcia: Thank you very much. 24. BRIEF DISCUSSION CONCERNING RECENT APPOINTMENT OF PAUL BELL AS SUPERINTENDENT OF THE, SCHOOL BOARD. Mr. Plummer: I just thought of something I think would be appropriate for this Commission to send a resolution congratulating Dr. Paul Bell as becoming the Superintendent of Schools and beg of him that the same spirit of cooperation that is existed in the past between this City and the School Board continue. I so move. Mayor Suarez: So moved. Hopefully somebody will second it. Maybe when you said the same spirit of cooperation, how about the same and increased spirit of cooperation? Commissioner Plummer: I have no problem with that. I can't get a second? Mayor Suarez: I don't think he was the favorite of this Commission, from what I gather on this motionl Commissioner Plummer: OK, I'll send u letter, Mr. Mayor. Mayor Suarez: To commend Paul Bell for his appointment as Superintendent of Schools and... we have a motion, do we have a second? Do we have a second? OK, I guess individual letters may be in order. Commissioner Plummer: I can see who is going to be the negotiator in the future. 56 March 8, 1990 25. CITY COMMISSION EXPRESSES CONCERNS ABOUT APPARENT POOR POLICE PROTECTION IN VICINITY OF SPORTS ARENA. Mayor Suarez: OK, Commissioner Alonso, you wanted to say something? Commissioner Alonso: Yes, there is a growing concern in the community and several people have come to me, organizations and individuals in reference to the police protection around the Miami Arena when we have events. I'd like to have numbers in the last performance how many policemen we had on duty during that time. We have been very fortunate that no incidents had occurred in that area and it's a very important area for us, therefore I want to know what kind of police protection we had in effect, because some people have a growing concern that there was not enough visibility from the Police Department during the event. Lt. Joe Longueira: OK, the last performance was last night, the Heat game. Is that what you want? Commissioner Alonso: I beg your pardon? Lt. Longueira: The last event was the Heat game last night. Is that what you... Commissioner. Alonso: No, no, actually, in general, if you give me the last maybe fifteen... four. Commissioner De Yurre: Well, doesn't that usually depend on the type of show that you have, the event? Commissioner Alonso: Yes, but the large one... the Pavaroti. Vice Mayor Dawkins: Four events. Janet Jackson and Pavaroti. Commissioner Alonso: Yes. Several people have mentioned to me and some organizations as well, so it is important to check if we have enough policemen in place, Visibility I think is very important for the feeling of security for to the people that come. Commissioner Plummer: But Miriam, you realize in the future that Victor is putting on his cape and driving the batmobile and there will be no more problems in there. Commissioner Alonso: I know, I want to see the batmobile. Commissioner De Yurre: Well, I want you to know that batmobile got banged up in a car accident the other day. Commissioner Alonso: I am requesting to be the first one to walk into that car, I have to see that.! Vice Mayor Dawkins: Mr. Manager, I would like to have something clear for me and the public. The officers at the arena, are they on duty, officers that are off duty, officers working on duty there? Lt. Longueira: They are off duty. Vice Mayor Dawkins: See, I want that spelled out in the minutes and on the record so that when people say that this Commission asks for more police visibility, we are asking that the arena hire more off duty policemen see, so that the people in the community do not get the idea that we are taking away policemen when there are other areas to do that. Make that clear in the record. Commissioner Alonso: Yes. Lt. Longueira: Now your concern is on the outside? 57 March 8, 1990 Commissioner A].onco: Yes, I'm con.^Qrn of the vrntbction, thn visibility in the area, that people are mentioning and I want to see how it is working. Commissioner De Yurre: Let me ask you this also while you are at it. Bring In the record of any criminal activity during those periods to see if it warrants additional police officers or not. Lt. Longueira: Yes, sir. Mayor Suarez: OK, item... Mr. Donald Benjamin: Mr. Mayor, may I just make a comment to add or to... last Sunday night after the Pavaroti concert, I happened to be walking along 2nd Avenue, at 8th Street, I had just left the concert myself. There are these two white women walking very comfortably along the street and talking and carrying on very amiably. They wanted some direction, which I gave them, and I said, "By the way, do you know you are in Overtown?" And they were as comfortable as ever. I just thought I'd mention that.. Mayor Suarez: Very good. Commissioner Alonso: Great! Ms. Anne Marie Adker: I would like to know what Is going on. If there is a problem, why can't it be brought up? Mayor Suarez: Ms. Adker wants to ask on the record if there has been a problem. Commissioner Alonso? Mayor Suarez: No, the concern has been that since we've been so fortunate and as our confidence in the area is growing, we like to know how the number of policemen that we have in the entire area during large events, larger than the average, as it happened with the concert. Mr. Benjamin: By the way, my little statement, there were no policemen around at that time. Commissioner Alonso: G.reatt NOTE FOR THE RECORD: Items 15 and 16 had been withdrawn. Item 17 was deferred to the afternoon. 26. APPROVE PURCHASE OF INVESTIGATIVE SUPPORT VEHICLE FOR POLICE DEPARTMENT. Mayor Suarez: Item 18. Commissioner- Plummer: Move it. Mayor Suarez: Moved. I'll second. Commissioner Plummer: Call the roll. Mayor Suarez: If there is no discussion, call the roll. 58 March 8, 1990 The following resolution was i_nt.rodizcad by Co;nmis 5io_n.er Plummer, who mn-ed its adoption: RESOLUTION NO. 90-201 A RESOLUTION APPROVING THE PURCHASE OF AN INVESTIGATIVE SUPPORT VEHICLE, AT AN APPROXIMATE COST OF $103,400; AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE AND SUBJECT TO COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yur.re* * ALTHOUGH ABSENT AT ROLL CALL, COMMISSIONER DE YURRE ASKED OF THE CLERK TO BE SHOWid VOTING WITH THE MOTION. 27. EXECUTE AGREEMENT WITH MIAMI BUS BENCH JOINT VENTURE (D/B/A BUS BENCH COMPANY) - TO MANUFACTURE, INSTALL AND MAINTAIN 1,500 BUS BENCHES, AND TO SELL ADVERTISING ON APPROXIMATELY 1,000 BUS BENCHES (See label 62). Mayor Suarez: Item 19. Commissioner Plummer: Move it. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. Mr. Fernandez: Mr. Mayor, point of information on item 19. The resolution on _ item 19, which is the award for the bus benches, clearly states that it's for - a term of five years and said agreement being renewable at the City's option for two additional five year terms. Now, in reviewing the contract and in reviewing the RFP that gave rise to this contract, there seems to be some ambiguity and this is the area that we really want to clarify. We want to -= make sure what is the intent of this Commission in giving this contract. If it is for five years, you having the sole option of calling it at the end of five years, or as the contract states, which would be five years and then upon request by the contractor, if they are not in default, they get an automatic second five year renewal. Commissioner Plummer: Well, why don't we ask the man who negotiated it and that's the Manager. What was the intent when you negotiated it? Mr. Odio: Give him... To have an option to extend it. Commissioner Plummer: An option on both sides? Mr. Odio: Yes. Commissioner Pluamier: Well, that's normal. Mr. Fernandez: But that's not the way that the resolution reads. 59 March 8, 1990 Conmisniorer Plummer: Well, I mean, he has clarified... the clarified is that as the normal. situation .around here, the two five-year extensions would be at both parties' agreement. Mr. Fernandez: So then the last sentence of the resolution has got to be changed. Commissioner Plummer: Mr. Manager, would you dictate to the City Attorney what you negotiated? Mr. Odio: After the expiration of five years, this contract may be renewed at the option of the City of Miami for no less than the revenue indicated in the proposal submitted by us. Commissioner Plummer: No, that's not the same, OK? Mr. Odio: That's what I... I would rather have... Commissioner Plummer: It's at the option of both parties, is what I've always heard. Mr. Odio: I would rather have it at the option of the City of Miami. Commissioner Plummer: Well, I don't disagree with that. But why would you do that? What happens if the Bus Bench Company didn't want to renew? Mr. Odio: Then we would have to go out on bids again. Commissioner Plummer: Oh, so in other words, they've either got to agree to that, or they don't go out. OK, all right. Vice Mayor Dawkins: Well, he's still got an option, he's got an option, I mean... Commissioner Plummer: Yes, he's got an option, in or out. We've got a colored TV, black and white. Mr. Fernandez: The issue, with options,, it has got to make clear who exercises and who has control of the option. Commissioner Plummer: Fine. Mr. Fernandez: If it's to be had by the City or if it's to be had by the contractor, or if it is mutual and either three -ways, it's perfectly legal, we just have to know exactly what it is, the Manager's intent and your intent so that there is no ambiguity or conflict in the future. Commissioner Plummer: My motion is as the Manager negotiated and it is my understanding it is at the City's option... Mr. Fernandez: All right. Commissioner Plummer: ... for the two additional five year periods. Mr. Fernandez: Fine. Commissioner Plummer: That's how my motion reads. Mr. Fernandez: The agreement will have to be modified to comply with the way that the resolution presently reads. Commissioner Plummer: Whatever it takes. Mr. Fernandez: Correct. Mayor Suarez: OK, do we have a motion and a second on 19? I think we do. Ms. Hirai. Yes, sir. Mayor Suarez: Call the roll. 60 March S, 1990 e The f.ol lowing rosoli tior. 4,as i_nt rodtjc%,d by Cnrnmissioner- Plummer, w-ho mn.,Qd Its adoption: RESOLUTION NO. 90-202 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI BUS BENCH JOINT VENTURE, D.B.A BITS BENCH COMPANY, TO MANUFACTURE, INSTALL AND MAINTAIN APPROXIMATELY 1,500 BUS BENCHES CITY WIDE., AND TO SELL ADVERTISING ON APPROXIMATELY 1,000 OF SAID BUS BENCHES, WITH AN ESTIMATED REVENUE OF $62.10 PER BUS BENCH PER YEAR, PLUS 1% OF GROSS RECEIPTS, FOR AN INITIAL TERM OF FIVE YEARS, SAID AGREEMENT BEING RENEWABLE AT THE CITY'S OPTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote; AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 28. AUTHORIZE AGREEMENT WITH PIECO MIAMI, INC. - TO PROVIDE PROFESSIONAL ENVIRONMENTAL SERVICES CONCERNING REMOVAL OF TWO STEEL FUEL TANKS WITH SUSPECTED GROUNDWATER CONTAMINATION PROBLEMS AT FIFE STATION NO. 1. Mayor Suarez: Item 20. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion on item 201 If not, please call the roll. Commissioner Plummer: Mr. Mayor, I just want a proviso in there that the Fire Department, that before they go and put other tanks back in there, thatwe got to have a discussion about it. These are strictly for standby generators which you are looking at, can be filled up from a five gallon can, as I do at my house. We've got to remove these now and we've got to do what is necessary, but before they go talking about new tanks, we've got to have a lot of discussion. I just want to put, that in the record. Mayor Suarez: OK, call the roll. bl March 8, 1990 The fol.lc-ing resolution casts introduced by Commissioner Dawkins, who t�nvPti its adoption: RESOLUTION NO. 90-203 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PIECO MIAMI, INC., TO PROVIDE PROFESSIONAL ENVIRONMENTAL SERVICES IN CONNECTION WITH TI3E REMOVAL OF TWO (2) STEEL FUEL TANKS, AND THE SUSPECTED GROUNDWATER CONTAMINATION PROBLEM DISCOVERED AT FIRE STATION NO. 1. AT A PROPOSED INITIAL COST OF $9,248.21, WITH FUNDING THEREFOR BEING ALLOCATED FROM MONIES APPROPRIATED TO THE RENOVATIONS OF FIRE STATIONS AND OLD DRILL TOWER, CAPITAL. IMPROVEMENT PROJECT NO. 313018, AND WITH THE PROVISION THAT ADDITIONAL FUNDING MUST FIRST BE AUTHORIZED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. _ 29. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL - RESCIND APPOINTMENT OF RALPH GARCIA TOLEDO, JR. (Appointed were: Mercy Rodriguez, Robert Blankenship, Annette Eisenberg, and Eladio Armesto, III.) -------------------------------------------------------------------------------- Mayor Suarez: Item 22. Commissioner Plummer: I have an appointment, Mr. Mayor. Mayor Suarez: We got a cryptic memo from the City Clerk as to certain people that presumably qualified, although not with the address that they had stated. -' As to my appointment, I have clarified that he does in fact live in the City of Miami, although he had, at the time, had another residence, but, he is now residing, I think, John Shubin. Ms. Hirai: Mr. Mayor we have contacted each one of those individuals and have informed them as to what they have to do. They will go and register at the new address and then we will receive a certificate from the Division of Elections. Mayor Suarez: Register, you mean as voters? Ms. Hirai: As voters of course, yes, within the City limits. Sometimes they were registered as voters, but not live in the City. Mayor Suarez: They could be people, for example, who actually live, resided in the City of Miami, but for whatever reason had not transferred yet their voter registration. That's what you were concerned with. Ms. Hirai: Or they were previously living outside the City limits and now... Mayor Suarez: Or, that they had moved to comply with the requirements. 62 March 8, 1990 t4s. Hirni.: Exactly, Mayor Suarez: OK, the memo wasn't entirely clear on all of that. Commissioner De Yurre: Well, as far as, I think I have an appointment which was Raphael Garcia Toledo and my understanding is that he does not live in the City, so I am going to change and appoint Mercy Rodriguez, who does live in the City. Mayor Suarez: So moved and nominated. Commissioner Plummer: Mr. Mayor, the nomination I have is for a uniformed personnel and I am nominating Robert Blankenship. Mayor Suarez: So moved and nominated. Commissioner Alonso: And they told me I could make two appointments, Annette Eisenberg and Eladio Armesto III. Mayor Suarez: Annette Eisenberg and Eladio Armesto III. All those nominations are in the form of a motion and a second. Commissioner Plummer: Just for clarification, Armesto is my appointment to either the Planning or Zoning. Is there any conflict there? Mayor Suarez: Is there any problem with him serving on those two boards? Commissioner Plummer: Between this one and that one, I'm just... Commissioner De Yurre: Is that him or is that his son? Commissioner Plummer: Oh, wait a minute, you are talking about the son? Commissioner Alonso: Yes. Commissioner Plummer: No, no, I'm sorry, withdraw. Mayor Suarez: Next generation, OK. Mr. Odio: I'd like to put on the record that my appointment as an ex-officio member is Waldemar Lee, Assistant City Manager. Mayor Suarez: Otherwise known as Wally. All right, with all those nominations, in the form of a motion and a second, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-204 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL AND RESCINDING THE APPOINTMENT OF' ONE MEMBER ON SAID PANEL. (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 Conunissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Nome. ABSENT: None. 63 March 8, 1990 30. DISCUSSION CONCERNING PARKING PROBLEMS IN JIRRICK GYM AREA - DIRECT ADMINISTRATION TO TAKE STEPS. Mr. Plummer: Let me bring up an item that I'm getting, I assume we are all getting a lot of heat on. Mr. Manager, I am getting a lot of phone calls to my office in reference to the Virri.ck Gym property in which there are clearly designated areas that only cars with trailers can in fact, park. Sunday night, a young man came in, not only where they parked on the ramp, but he could not get his car out of the area and I think if it needs more signage, or whatever it is, something has to be done to enforce that if we are going to brag about the fact that we have a public ramp. Mr. Odio: We have a problem and I am going to ask the operator of Monty's place there that they have to have security keeping that area open or I will ask the Commission to rescind their permission to park in that whole park. Commissioner Plummer: Well, OK, I'm just saying it is a problem, we are all getting calls. The Police Department gets in the middle of the damn thing and it shouldn't be done. Mr. Odio: Commissioner, we've talked about this before, you remember, and we put... the signs don't work. People come into that place and they just park and what we need to do is have them... Commissioner Plummer: I'm bringing it to your attention to reduce the amount of phone calls to my office. Commissioner Alonso: Yes, I have mentioned that too, to the City Manager because I have received complaints as well. 31. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF FLAGAMI SANITARY SEWER IMPROVEMENT (DISTRICT SR-5511-C - CENTERLINE SEWERS). Mayor Suarez: We have one minute, Madam City Clerk, can you, or can Mr. Manager, can you tell us what this is about, item 23? Is there anything controversial about the assessment roll for construction of Flagami Sanitary Sewer Improvement? Commissioner Plummer: Only if there is somebody here. Mayor Suarez: OK, is there anyone on the Commission that has any inquires on this? Commissioner Plummer: When the clock turns, I move item 23. Mayor Suarez: So moved, as soon as 11:00 o'clock hits the... Commissioner Plummer: Let the record reflect that no one came forward to object. Mayor Suarez: Let the record reflect in about a half a minute... and then we are going to take I think a ten minute recess until 11:10 A.M. because this next exercise is a bit much to do. Commissioner Plummer: Mary Woods, would you take care of the clock, please. Mayor Suarez: That was her name. OK, we have a motion on item 23. Do we have a second? Commissioner De Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. 64 March 6, 1990 LJ W The followinp rpsoluti.on wi-, int.rodhired by Cnmmis^ioner Pllzmmr�r, who moved its Adoption: RESOLUTION NO. 90-205 A RESOLUTION CONFIRMING ASSESSMENT ROIL FOR CONSTRUCTION OF FLAGAMI SANITARY SEWER IMPROVEMENT IN FLAGAMI SANITARY SEWER IMPROVEMENT DISTRICT SR-5511-C (CENTERLINE SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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 Mayor Xavier L. Suarez f% iy*I. Z[riw ABSENT: Vice Mayor Miller J. Dawkins THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:00 A.M. AND RECONVENED AT 11:24 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 32. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF WINONA SANITARY SEWER IMPROVEMENT (DISTRICT SR-5494-C - CENTERLINE SEWERS). Mayor Suarez: Item 24, confirming assessment... Commissioner Plummer: I'd already moved it previously seeing as how there was no objectors. Mayor Suarez: OK, I don't think it was recorded, so we have your motion again. Do we have a second on 24, please? - confirming the assessment... Commissioner Alonso: Yes, second. 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. 90-206 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF WINONA SANITARY SEWER IMPROVEMENT IN WINONA SANITARY SEWER IMPROVEMENT DISTRICT SR-5494-C (CENTERLINE SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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: 65 March 8, 1990 3 AYES: CommisGi.oner Victor Pe Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROJEMENT - PHASE I (BIDS "A", "B" AND "C" - DISTRICT H-4485). Mayor Suarez: Item 25, confirming assessment roll, Allapattah. Let the record reflect that no one stepped forward. Commissioner Plummer: Move it. Mayor Suarez: Thank you, Commissioner. Any discussion on 25? Do we have a second? Vice Mayor Dawkins: Second. Mayor Suarez: Call the roll on 25. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-207 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR i_ CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT - PHASE I, BIDS "A", "B", "C" IN ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT DISTRICT H-4485 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 66 March 8, 1990 34. CONFIRM ASSESSMENT ROLL, FOR CONSTRUCTION OF OVERTOWN HIGHWAY IMPROVEMENT - PHASE I (BIDS "A", "B" AND "C" - DISTRICT H-•4492). Mayor Suarez: Item 26. Commissioner Plummer: Seeing no one come forward, I move .item 26. Mayor Suarez: Let the record reflect no one came forward on 26. It has been moved, do we have a second? Commissioner Alonso: Second. 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. 90-208 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF OVERTOWN HIGHWAY IMPROVEMENT - PHASE I (BIDS "A, B & C") IN OVERTOWN HIGHWAY IMPROVEMENT DISTRICT - PHASE I (BIDS "A, B, & C") H-4492 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. DISCUSS AND DEFER INCREASE IN CONTRACT WITH SIGMA CONSTRUCTION AND E14GINEERING CORP. ($60,000) - FOR DEMOLITION OF FORMER INCINERATOR NO. 1 (PROJECT 311018) (See label 38). ------------------------------------------------------------------------------- Mayor Suarez: Item 27 then, authorizing an increase in the contract, City of Miami and Signa Construction, demolition of former incinerator. Vice Mayor Dawkins: $60,000. Commissioner Plummer: No, increase the Sigma. Vice Mayor Dawkins: 'That's what I am saying, increase to $60,000. Mayor Suarez: Dr. Prieto, eager Dr. Prieto, at the mike. Dr. Prieto: Yes, sir. We discovered unfortunately eleven additional sites with asbestos in the building while we started to prepare for its demolition, We brought, in a different firm from the one that did our first assessment, and this firm was the one who discovered these sites. They started to give us some cost estimates and we tallied it up, it comes to close to $60,000. Vice Mayor Dawkins: My favorite question. This is additional? Dr. Prieto: Yes, sir, it is... Vice Mayor Dawkins: Did you go out and get a minority firm who removes asbestos to give the additional money? Dr. Prieto: As you know, there are very few firms that do remove asbestos. Vice Mayor Dawkins: I don't care if it is not but one. laid you get that one? Dr. Prieto: We tried sir, but we could get that firm. Vice Mayor Dawkins: I move thet this be deferred. Mayor Suarez: So moved. Commissioner Alonso: Second. Commissioner Plummer: At the req,►est of a colleague, I'll always second. Mayor Suarez: And in my case, I don't vote a simple request of a colleague, but I understand the Vice Mayo:'s concern to be that and a strong suggestion to be that you look around a li-.tle more carefully and if you do find as many as one, see if they can't posstbly be the one, doctor, to come in at the correct price, for my vote. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes. Mr. Fernandez: A point of order. This is an action for you to ratify already taken action that's taken. Mayor Suare,: If we don't ratify it, the Manager is out $60,000. Mr. Fernandez: So my recommendation to this Commission is that you continue it to a time certain this afternoon until you get satisfaction that... Vice Mayor Dawkins: I'm not going to vote on it today, tomorrow... see there again, Mr. Mayor, they go do something, then after they do it, they come tell me, you know? Mayor Suarez: I have a problem with this because the amount is $60,000. It is not a $5,000 or $10,000 item, which is slightly outside of the Manager's discretion and number two, why is it an emergency? Why did he have to spend the extra $60,000 without consulting this Commission? Mr. Manager? Vice Mayor Dawkins: Especially, Mr. Mayor, when you have been in here once before with removing something else and I told you then that there were minority firms out here who moved asbestos and whatever it is you guys keep telling me it's not. Dr. Prieto: We have tried and I'll try again, Mr. Vice Mayor. Vice Mayor Dawkins: I don't want you to try, I want you to bring me one. Mayor Suarez: Why would we go out and spend an extra $60,0007 You are saying this has already been spent. Dr. Prieto: No, sir. What we have now is we've initiated the demolition of the incinerator and as we initiated the demolition, we've discovered additional asbestos and the removal of the asbestos takes precedence to the continuation of the demolition. We cannot proceed with the demolition until the asbestos is taken. Mayor Suarez: OK, all right, so it is not one of those cases where we have actually expended the monies and we need a ratification and so on. I mean you, we have yet to actually authorize... all we would be ratifying is the Manager's finding of an emergency, not the Manager having already paid it. Dr. Prieto: That's right sir. 68 March 6, 1990 - m D M,gyor Share;: All right, sn =oo c'o ha=re a little hi.t. more ti.mn in this particular case. It will stall the project, obviously, bat the motion to defer otherwise stands and I don't see any reason why we can't take more time to consider this unless anyone else has to... Vice Mayor Dawkins: Mr. Mayor. Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: With this Commission's permission, I'm going to have Dade County's purchasing, Mr. Milton Vicker's office, send you some black firms and Latin firms who remove asbestos, since you can't find none, OK7 Dr. Prieto: Fine, sir. Mayor Suarez: I'll bet you that you could probably create a few between now and then too, if they know that this kind of work is available. Vice Mayor Dawkins: I'm calling him now. Mayor Suarez: Any further discussion7 If not, please call the roll. MOTION TO DEFER UPON BEING MOVED BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER ALONSO, THIS ITEM WAS DEFERRED TO FURTHER EXPLORE WAYS TO INVOLVE A MINORITY CONTRACTOR IN DOING ADDITIONAL ASBESTOS REMOVAL NEEDED FOR THIS PROJECT. MOTION WAS ADOPTED BY THE FOLLOWING VOTE OF THE CITY COMMISSION: 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. 36. DISCUSSION CONCERNING CITY COMMISSION'S CONCERNS REGARDING SUITABILITY OF THE ORANGE BOWL'S STABILITY (PARTICULARLY, THE WEST END ZONE). Commissioner De Yurre: Mr. Maycr. Mayor Suarez: Yes. Commissioner De Yurre: 1 have a concern, because I've been hearing about it through the grape vine and I'm trying to pin it down, you could say that, with regards to the Orange Bowl. It is my understanding that there have been reports made by Urban Architects... Mayor Suarez: Before you get into this, can we wait until Carl Goldfarb leaves the chambers so that we can discuss this without the local media present. Go ahead. Commissioner De Yurre: It is my understanding that a report was made... Vice Mayor Dawkins: And Linda. Mayor Suarez: ... by them and given to the Administration - and of course there is only rumors, but I want to see if there is any truth to it, and if there is, I want to see a copy of it that it expressed concern about the stability of the structure of the Orange Bowl and it tied in further with reports within the City Administration itself by the Public Works Department, of concerns by the Department of the stability, particularly of the west end zone, as to problem areas that exist, with the possibility even of collapse of the west end zone. Now, those are concerns that I have been hearing and I've 69 March 8, 1990 r-egi.zeetod a copy of that report if it e_x.ists and T'd like to put it on the record, because If that's the case, T want to see exactly what that report is and any ramifications of any other documentation that it refers to in any way, fashion, or form. Commissioner Plummer: Mr. Mayor, if I may, Commissioner De Yurre is almost right. There are conditions that have been in fact, that are necessitating .repair, upkeep, as we have done on every year. I can assure you and Commissioner De Yurre that within the plan of the monies that is proposed to be spent, those matters are completely and totally resolved in this study that is being done, as it has been done, as well as the improvements that will be made to the Orange Bowl, but I can assure you that a great deal of the money is going to correct those problems that do exist. At nowhere have I seen any report that said that any of the thing was ready to collapse. I think that... Mayor Suarez: I tell you what. It would be an incredible departure from what we have been told over the years, because they have always said the one thing about that stadium is that it is structurally sound and if it was otherwise, it would be quite unsettling. Commissioner Plummer: Basically, it is structurally sound. These are improvements that are going to be taken advantage of the bond program, near $5,000,000, such as waterproofing that has never been done before to correct and assure us that the problems will not continue to exist into the near future, at least for the 20 years of the contract which is being proposed. These steel problems are not major problems, but they are ongoing maintenance problems. We have to remember, as I keep telling people, that the first game was played in that stadium the same year I was born, in 1936. Mayor Suarez: That's a long time ago! Commissioner Plummer: Excuse me! Mayor Suarez: That was a very long time ago. Commissioner Plummer: You bet your hippy! But I'm not better structurally than the Orange Bowl is, yet you are not applicating any money to rebuild J.L. Commissioner De Yurre, let me just assure you and i will make sure that you get copies of not only what the problems were that were found, but also a copy of the allocation of funds that are going to in fact, correct that situation as well as any report that we have had or any report that you want. Commissioner De Yurre: Well, I just want the Commission, not just me, I think that everybody here should get a copy of those reports because, you know, a lot of things you hear through the grapevine and some may be rumors and some... but usually, everything is based on some degree on something and if they are telling me that what to me was surprising, that the west end zone, which was the last thing to be built on that stadium is the one that's in the worst condition, I want to know about that. and I want to know exactly you know, what it is based upon, what those reports are. Mayor Suarez: When was the built? Commissioner Plummer: That was built approximately 20 years ago? Commissioner De Yurre: Seventies, sixties, yes. Commissioner Plummer: Yes. I think he was right in the same... it was just after the double deck was put on. Commissioner De Yurre: I'd just like to add for my own edification, I think also for the rest of the Commission, copies of anything that has to do with the Orange Bowl. Mayor Suarez: You are going to elevate the grapevine to a formal report to the Commission if there is indeed such a concern. Commissioner Plummer: Absolutely, and Mr. Mayor, while we are on the subject, I would like to report to you that with Commissioner De Yurre's cooperation the other day, I think we are very, very close to a settlement with both the University of Miami and the Orange Bowl Committee for the renewing of their lease. 70 March 8, 1990 Mayor Suarez: Fantastic. Commissioner Plummer: Hopefully, we will have it at the next Commission meeting. Mayor Suarez: All right, anything further: If not, we are adjourned until 2:00 P.M. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 11:34 A.M. AND RECONVENED AT 2:14 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER DAWKINS. 37. EXECUTE AMENDMENT TO LEASE AGREEMENT WITH THE BOARD OF DIRECTORS OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CONCERNING STATE-OWNED LAND (LOT 7 AND EAST HALF OF LOT 5 OF TWIN RIVER ISLAND), MODIFYING PURPOSE OF LEASE AGREEMENT. (MIAMI BRIDGE). Mayor Suarez: Commission please come to order. Commissioner Alonso you wanted to and I wanted to I think all of us wanted to see what modifications of any had to be made to the agreement with Miami Bridge in relation to their funding effort with the legislature. Commissioner Alonso: Yes, I would like to bring this item at this point and I think that Mr. Rafael Diaz-Balart would like to explain to all of us. Mayor Suarez: This is not on the agenda Commissioner Plummer, it is an emergency request. Commissioner Alonso: Yes, this is an emergency item. Commissioner De Yurre: I am going to have to invoke the rule on this. Commissioner Alonso: I beg you pardon. Mayor Suarez: I think there was a memo received at least, if not within fire days certainly within the last 24 to 48 hours. What is the status? Mr. Rafael Diaz-Balart: Rafael Diaz-Balart, my address is 1870 SW 5th Avenue and I am President of the Board of Directors of the Miami Bridge. We are requesting from the Commission that an amendment to the lease between the state of Florida and the City of Miami be amended. This lease is in relation to the properties that are adjacent to the Miami River Rapids Park, three lots that have already been given to the Miami Bridge as a permit, a revokable permit for us to build a new shelter for the Miami Bridge. However, after the City and the state entered into the lease agreement it was noticed that there were certain restrictions regarding the utilization of the land and what we are requesting is that the lease be amended to include in addition to the present purposes for utilization of the land to the sheltering of runaway and or undomicile youths. It is a minor amendment and that would suffice as far as the... Mayor Dawkins: That's the entire change that is requested just that def is inat ional . Mr. Diaz-Balart: That is exactly it. Mayor Suarez: Anvbody have any problem with that? Commissioner Plummer: Tell me exactly this location. Mr. Liaz-Balart: The lands are North River Drive west of 27t.h Avenue. Commissioner Plummer: That's then by the trailer. park? Mr. Diaz-Balart: Yes, exactly. 71 March 8, 1990 Commissioner Plummer: OK, no�7 the only question 1 guess that 1 have is a legal one, this ?s a revokable permit, correct? Mr. Diaz-Balart: Correct. Commissioner Plummer: Why is there fifty years written in here? Ms. Vzcky Leiva: No the document you have before you is an amendment to the lease between the City of Miami and the state of Florida and it is a lease for two lots. Commissioner Plummer: Excuse me, I am not the best at languages but in English I'm pretty good. Whereas City and state execute said lease agreement on August 23rd 1989, for a period Fifty years. Ms. Leiva: Yes... Commissioner Plummer: Revokable permits do not carry any amount of years because they are revokable within thirty days. NOTE FOR THE RECORD: VICE MAYOR DAWKINS ENTERED THE MEETING AT 2:18 p.m. Ms. Leiva: What you have in front you you, is not the revokable permit between the City and Miami. Bridge, what you have before you is an amendment to the lease between the City and the State and we are empowering... Commissioner Plummer: I understand that, OK, that's the second document. The first document is, this resolution with the attachment J-90-196, I am asking the question I have never seen a revokable permit that had a stipulation of years in it. Mr. Diaz-Balart: Let me be, there are three pieces of lard. There is the City of Miami land and on each side, State of Florida properties. The State of Florida has leased on a fifty year basis, those two pieces of land to the City of Miami. The City of Miami in turn has granted the Miami Bridge a permit, a revokable permit for the three pieces of land. Ms. Leiva: But that permit Commissioner is not before you right now and has not been executed and finalized. The only thing before you right now is the amendment to the lease between the City and the State. Commissioner Plummer: Question so I don't have to sit here and read something that was just handed to me. If the revokable clause is called, it is thirty days? Ms. Leiva: Yes sir, that is what we are now negotiating. Commissioner Plummer: And what provisions are the city, what position is the city in if having to pay for improvements or not? Ms. Leiva: No, we will not pay for improvement.. Commissioner Plummer: None? Ms. Leiva: Zero and that is a document that has been negotiated. Commissioner Plummer: And you understand that. OK, fine. Mr. Diaz-Balart: We understand that. Commissioner Plummer: OK, fine. Mr. Diaz-Balart: Thank you. 1".ayor Suarez: Well don't thank us yet, we have a motion on the modification? 72 March 8, 1990 a Commissioner Alonso: Yes, I move. Mayor Suarez:: Moved. Is it seconded? Commissioner De Yurre: Second. Mayor Suarez: Vice Mayor Dawkins? Vice Mayor Dawkins: I was out of the room. Is there still a thirty -day cancellation clause? Ms. Leiva: Yes the revokable permit that Is being prepared right now between the City and the Miami Bridge is our standard revokable permit with a thirty day notice of revocation without cause. Commissioner Plummer: And without cost. Ms. Leiva: And without cost for improvements. Vice Mayor Dawkins: Thank you. Mayor Suarez: Any further discussion, if not, please call the roll. Commissioner Plummer: I think we just got a new home for the Municipalities in Exile free. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-209 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE BOARD OF DIRECTORS OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CONCERNING STATE-OWNED LAND: NAMELY, LOT 7 AND THE EAST 1/2 OF LOT 5 OF TWIN RIVER ISLAND, PB 40, PAGE 84, IN THE CITY OF MIAMI, FLORIDA FOR A MODIFICATION TO THE PURPOSE OF THE LEASE AGREEMENT AS SET FORTIi IN SECTION 4 OF SAID LEASE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dr. 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. 73 March 8, 1990 0 38. (Continued Discussion) BRIEF COMMENTS BY VICE MAYOR DAWKINS INFORMING ADMINISTRATION AS TO VARIOUS BLACK -OWNED FIRMS FOR POSSIBLE AWARD OF CONTRACT CONCERNING DEMOLITION OF FORMER INCINERATOR NO. 1 (PROJECT 311018 - See label 35). Vice Mayor Dawkins: Before you do that, I've got three black companies that deal in asbestos removal, I would like to pass on and put it in the records. Mayor Suarez: OK, what, item was that Commissioner? What was that item, doctor? We deferred it, possibly tabled it depending on how this comes out. Dr. Prieto: Item 27. Vice Mayor Dawkins: OK, Here it is, I am against, put it in the records but I'll give it to ,you. Complex Construction Corporation, a Hispanic firm, 9924 NW 5th Lane, Miami, Florida. Consolidated Technic Inc., a black firm, 701 SE Okeechobee Rd., Hialeah, and. Preferred Abatement Corporation, 7340 SW 48th Street, a black firm. Mayor Suarez: Now wait a minute, are you telling us Dr. Prieto that the one you had in fact sought approval of this morning was a black owned firm? Dr. Prieto: Yes I checked at lunchtime sir. MCO is 55 percent. Mayor Suarez: OK, if you are satisfied as to that Vice Mayor Dawkins, we can go ahead and take up the item. Vice Mayor Dawkins: Doctor, bring me the names of the principals. So you tell me about 55 percent, no, no, no, bring it, show it to me. Mayor Suarez: Bring more concrete proof of this ownership, would you, Dr. Prieto corporate documents, etc. 39 (Continued Discussion AND TEMPORARY DEFERRAL OF PROPOSED SECOND AMENDMENT TO EXISTING AGREEMENT BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MI.A.MI, INC. CONCERNING IMPROVEMENTS FOR CITY OWNED MIAMARINA. (See labels 5 and 41) Vice Mayor Dawkins: Item .17. Mayor Suarez: 17, we had 17 this morning. We approved it, if there is no one to object to it, we will let the ruling this morning stand. Mr. Michael Dudik: Name is Michael Dudik, 3400 Pan American Drive, Coconut Grove here. Mr. Alex Vilarello: Mr. Vice Mayor, you did make an announcement this morning that you would hear the item at 2:30. I don't know if anybody is going to come other than this gentleman but... Commissioner Plummer: I see Dan Paul here. Vice Mayor Dawkins: OK, I will, we will hear another one and then hear you, no problem. OK, what's the next ite,r, Madam Clerk? :j ,f _4 74 March 8, 1990 C L 40. PERSONAL APPEARANCE BY MR. DANCE PASKEWICH TO DISCUSS REHABILITATION LOAN FOR LUZERNE APARTMENTS - DIRECT HOUSING COMMITTEE TO WORK WITH MR. PASKEWICH CONCERNING HIS REQUEST - CONTINUE FUNDING APPLICATION TO APRIL 9TH MEETING. Commissioner Alonso: 28, Vice Mayor Dawkins: OK, 28. Mr. Lance Paskewich. Mr. Lance Paskewich: Yes sir. Vice Mayor Dawkins: Go right ahead sir. Mr. Paskewich: Dance G. Paskewich, 7805 Camino Real, H-14, Miami, Florida, 33143. First of all, I must apologize to the Commission for not appearing on January llth when the City Attorney made his final report but nobody told me I was on the Agenda, so they went ahead and made a report without me here. We feel that the City Attorney's office has not given us any fair treatment on trying to settle this case. We had our last hearing on December 15th and the City Attorney's office ordered a 250 page transcript done for about $1,300. And our understanding between my Attorney and myself is that this would be read and reviewed and then the final report would be issued. Instead they went ahead and wrote the final report without even seeing a transcript, the transcript arrived eight days after Jorge Fernandez appeared before the Commission and basically the report is 99 percent not true. It's based on guidelines that were not in effect, it's based on resolutions that this Commission never approved and I just don't even know how to refute it except to say that we have presented 2000 pages of evidence almost, and out of 2000 pages, the bottom line is they find no improprieties with the Housing Department or my application. And I have applies in 1980, 1983, 1985, 1986, 1987, all under the 1982 resolution by this Commission and I was under old guidelines and old requirements and the Commission has frozen 300,000 for this project since 1986. Meanwhile, during the time that the Commission referred this to the City Attorney's office in July of 1987, Raphael Suarez Rivas, Assistant, City Attorney, filed a foreclosure action against my property for garbage lanes without ever notifying me, advertising the property, setting up a share of sale and trying to take the property that way while I was trying to finish my case at the City Attorney's office. Meanwhile, I asked for help from Janet at Mr. Odio's office to try to get a $20,000 grant to put a new roof on the building to at least preserve the building while this has been going on and on for years at the City Attorney's level and the next thing that happened is that Building and Zoning called to go out there and tell tenants that they are condemning my building. This is all going on while we were supposedly having a settlement of this case to try to work out any differences and to resolve it one way or another. John Copeland was the hearing officer and went through 90 percent of our case, he made tape recordings of every hearing we had, there was approximately, I think five hearings where it was the entire Housing Department against myself and my attorney, we were not allowed to bring any live witnesses. They refused sworn testimony. But December 15th is the only case or the only hearing we had that there was sworn testimony and involved former City Councilman Ron Doors from Homestead, who was my architect, a black female general contractor, Agnes Sankster who had won the hid back in 1986, myself., my managers and other witnesses we brought in but the City Attorney's office decided they didn't want to read through anything, they did not want to read the transcript they were just going to say no improprieties. Mayor Suarez: Who did this now? Mr. Paskewich: Well, it's un... Mayor Suarez: The City, which office of the City, which department? Mr. Paskewich: I mean it's signed by, you know, Jorge Fernandez and... Mayor Suarez: What did you just say, what department did you just say that did this that refused to look at the transcript, etc.? 75 March 8, 1990 Ask Mr. rpskew;ch: The LA,,,, Depa_rtment., and wp have bppn told rpppat-nd).y> th.Ry would take off from where John Copeland went through 5 hearing,, they wou111 review all his tapes, they would review all the documents that were presented, but as a few months ago, Jorge Fernandez said, "Oh, Lance, you have an attorney on this case?" I have had an Attorney on this case since 1985 and then they send me certified mail to my downtown building which is mostly vacant I don't even live there and that's never been pulled before. So while they are trying to act in good faith or at least what they tell the Commission that they are acting in good faith they are sending Building and Zoning down to condemn the building or try to, they are having Rafael send me a letter 58 days after he writes it and after it's already advertised to sell my property, and this is the kind of treatment I have gotten from the Law Department in trying to settle something like this. Just yesterday I got the one page transcript of what Jorge Fernandez reported to the Commission in January and he reported that I was going to sue the City of Miami, and I said it on the record, I have said it to Vicky Leiva and Alex and everybody that I do not want to sue the City I am a native of. Why sue it when you can sit there and work things out? Out of 2,000 pages of documents, if they can't find something that was wrong, they are blind, I don't know what else to say, other than the documentation is tremendous. The discrimination report issued Mast year that caused the Director and the Assistant Director to depart from the housing department. Vicky Leiva said this Commission never accepted the report and the report doesn't count. Well, why the City of Miami spent $20,000 to have a report made about what was going on at the housing department and then when I try to present it as evidence, say it doesn't count because you all did not adopt it I guess by resolution so no matter what evidence we provided I spent 500 hours video taping the building to show Vicky. I have asked her to come to the building to see what we are talking about. John Copeland came there and spent a couple hours conducting a hearing to see all the issues. She refused to come and see the building. So meanwhile, I lose $3,000.00 per month while this has been at the City Attorney's level since July of 1987. The first hour of our hearing December, the first hour was, they want me to raise my hand and swear under Oath, I would never appear before this Commission again on this item and I was to swear to it and never speak publicly about what's going on at the Housing Department, and I find that a little outrageous. Commissioner Plummer: And who was that that made you do that? Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor. Major Suarez: Wait, wait, wait, Vice -Mayor Dawkins, Commission Plummer, lets see... Vice Mayor Dawkins: You are out of order Commissioner Plummer. Major Suarez: Let's try to follow some kind of... Commissioner Plummer: I'm what? Major Suarez: You are technically out of order if you would be so kind so as to allow the Vice Mayor who has been holding his hand up and so on. Mayor Suarez: Thank you, from time to... Commissioner Plummer: Obviously he is not going to live much .longer so let him speak. Major Suarez: Vice Mayor Dawkins. _! Vice Mayor Dawkins: Sir, I have some questions. From, if -�` yes or no we could kind of speed this up. It says the required amongst each year's application appears to do... to funding under. different Federal programs. Did you apply more than one program? you just tell me different changes your applying for for funding under Mr. Paskewich: I applied for funding under every single program the City has 4 ever advertised. Vice Mayor Dawkins: OK, thank you, thank you. Now, you complained that doing the work right up there were too many changes required. The original workups were part of applications filed before 1986 so therefore as ycu applied each 76 March 8, 1990 _t 10 0 year, did not the rules change which would require you to make additional_ filings, or is that a... Mr. Paskewich: No, the problem was, and Commissioner Plummer pointed it out, was is that they were showing up there with no measuring tapes. They could not sit there and never count the same number of windows, the same number of doors they could never get the address right on my work write ups they could never get anything specified correctly and we went through this year after year after year, and we kept saying can't you put the address correctly on the work write tips? Can't you get the number of windows counted correctly? And so the number of work write ups was not due to changes of requirements under the government it was because the people doing the work write ups and estimating could never get it correct. Vice Mayor Dawkins: No, no, then it's an incorrect statement to say that each year in the Federal Register the requirements remain the same or did they change? Mr. Paskewich: Tu my... Vice Mayor Dawkins: For the different programs that you applied under, did the same guidelines and requirements apply? Mr. Paskewich: As far as eligible construction► cost. Vice Mayor Dawkins: As far as meeting the Code Specifications of the City of Miami. Mr. Paskewich: To my knowledge there was no changes and one of the big points Vice Mayor Dawkins that we made was a single construction item and that was asphalt covering over a parking lot. OK, Dade County had estimated $11,450. For the same parking lot when my project start becoming feasible, Sonya and Jerry and the group raised it to $86,660.00. Now my architect who is licensed and... Vice Mayor Dawkins: But you see, you going back the requirements of. Dade County and you want to build in the City of Miami. Mr. Paskewich: No, what we are talking about is that their requirement was for 4 inches over an existing parking lot which is like for a runway OK, and for a brand new parking lot from scratch, OK, no asphalt there, the City of Miami and the South Florida Building Code requires 1 believe 1 inch. They would sit there and specify 4 inches over an existing parking lot which was like $50,000.00 difference and on one construction item they could say infeasible. So by hiring architects and by hiring Engineers and going through all these meetings we sat there and made them drop one item $50,000.00. Vice Mayor Dawkins: But, in the meantime, you are wasting time, I mean, not wasting time, but you could have gone ahead with the project, but you decided that you were going to challenge the findings of the City of Miami and you yourself went through this challenging process and that's what... Mr. Paskewich: To save the taxpayers money, I mean they, we were trying to borrow $200,000.00 and we have a letter from Jack am Gene dated April 30th of 1985 and Jack Gene says to rehab this building would be $422,500.00 and the point I am trying to make is in Jorge's final report he talks about the deteriorating building and the conditions got worse and worse and worse. The point is from April 30th 1985, when we got Jack Gene's letter of $422,500.00, we came in June loth 1986. -! Mayor Suarez: Mr. Paskewich, the procedure that we try to work out in 1987 =(' was to have the City Attorney, as a presumably objective or impartial entity, ?'. try to advise us on this and so we could avoid what is turning into a testimonial adversarial proceeding. If we end up with that we are going to end up in court. .Let's just see from the Commission what other inquiries they have, get a recommendation from our City Attorney, we are going to have to go on to some other items. This is not... Mr. Paskewich: 1... Mayor Suarez: I am speaking right now, Mr. Paskewich, please. 77 March 8, 1990 Mr. Paskewich: Yps, sir. Mayor Suarez: This is not the forum to get into, you know the details of your dispute with the City and no other County or any other entities, but I think some of the other Commissioners do want to inquire and we should hear very quickly from the City Attorney as to his findings and his recommendations. OX , Mr. City Attorney. Mr. Fernandez: After reviewing the evidence and like Mr. Paskewich has said, it's substantial the number of pages and tape recordings and the like that have been obtained in this proceeding. Mayor Suarez: Have you in fact gone through the transcript that he referred to that he said claims and no one wanted to read through or someone in your staff? Mr. Fernandez: That is a totally, that is what we call a "red herring" the attorneys who wrote the report for my signature were the attorneys who participated in that hearing which was later on transcribed and the transcription of that is still questionable as to who ordered or not, but you should know that the person who sat there and listened for hours and hours of testimony and took extensive notes on it, does not necessarily need to go back and read the transcript. Mayor Suarez: Who was that person? Mr. Fernandez: And that is Vicky Leiva of my office and Alex Vilarello. Mayor Suarez: How long is that transcript? Mr. Fernandez: That transcript is approximately 300 pages and that was... Mayor Suarez: OK, for myself if we ask your office to please Intervene, and mediate and try to offer a solution and one of the things that apparently concerns him is that somebody read through that transcript, please read through the transcript and in this particular case Mr. Paskewich if it makes you feel any better, I am willing to read through the transcript. Mr. Fernandez: We have, we have read through the transcript since Mr. Mayor, excuse me for interrupting you... Mayor Suarez: You have now read through the transcript. Mr. Fernandez: Yes we have. Mayor Suarez: You personally? Mr. Fernandez: Yes. Mayor Suarez: OK. Mr. Fernandez: And my opinion does not change. Mayor Suarez: Is there anything that change your opinion that you are about to give us on this matter? Mr. Fernandez: Exactly, it remains the same opinion I gave you... Mayor Suarez: Which is what, what is your recommendation? Mr. Fernandez: ...on January IIth, that after review of the evidence submitted to the City Attorney's office, it is concluded that there were no improprieties in the handling of the 1986 application on the Luzerne Apartments Rehabilitation Project therefore it is recommended that this matter be closed. Mr. Paskewich: Mr. Mayor can I just inject one point? Mayor Suarez: Wait a minute. And there is no relief in your mind or proposal or settlement or compromise or anything else that might get us out of this potential claim, if indeed he may have a claim and I am not sure. 78 March 8, 1990 Mr. Fernandez: Admini^t.ratively. no sir, perhaps In the court system like Mr. Paskewich has suggested and in fact threatened the City, by the way, not only with court proceedings but... Mayor Suarez: No, no, no, I am fully aware... Mr. Fernandez: That's right, that's right. Mayor Suarez: ...that. if he files in court and wins and get an order .., Mr. Fernandez: Correct. Mayor Suarez: ...from the Judge or Judgment then he will have his relief. Mr. Fernandez: But as a further point of reference for you... Mayor Suarez: Anything else you want to tell us and then the Corn:nissioners may inquire, we are going to close this matter. Mr. Fernandez: Yes I dc, the fact is that as we sit here presently, we are under the impression that your City Attorney and two of your Assistant's City Attorneys are from what we understand Mr. Paskewich's position to be maybe reported or will be reported to the Bar on proceedings and you as an attorney and a member of the Bar should under the implications that that has. Whether that is in fact a reality or not I don't know. Mayor Suarez: What your are saying is that he threatened you at some point. Ahl We live with threats around here. Mr. Fernandez: Well I am not reacting to those threats. Mayor Suarez: Anything further on the merits of the case? Mr. Paskewich: Mr. Mayor, I just want to state one thing... Mayor Suarez: Wait, sir, noboby has recognized you yet. We spent a lot of time with you many hearings. Anything further on recommendations? Mr.. Fernandez: That this matter be closed. Mayor Suarez: Anything from the Commission on either questioning the City Attorney or Mr. Paskewich and then we will let him make a final statement, if he would. Commissioner Plummer: Can I, can I make a simple observation, not an observation, a simple question? He applied, the money was set aside. Now tell me as briefly as you can, why he is not entitled to the money. Mr. Fernandez: Yes, hold on a second. Mayor. Suarez: The ultimate question. Ms. Vicky Leiva: Members of the Commission, actually what occurred here was that on application for a rehabilitation loan has 17 items or components that must be submitted to the Housing Department by the applicant. In this particular case, Mr. Paskewich, and we have it by his own admission on the transcript, only turned in 7 out of 17 items that would br necessary in order to complete the entire package for the housing department to be able to do a feasibility study to know whether the loan should in fact to made and if it was feasible. That issue was reviewed by the Audit Department as well as subsequently by the Ctty Manager's office, the City Manager himself wrote a letter to Mr. Paskewich requesting the items that he had not submitted and again by Mr. Paskewich's own admission, he did not respond to that letter or submit the information that the City Manager requested. Therefore, it was impossible for the Housing Department to... Commissioner Plummer: OK, I understand what you are saying. Now two questions. Mr. Paskewich, she is saying by your own admission you did not fully fill out the form. Is that a true statement? Mr. Paskewich: It is not a true statement because the 17 item list did not exist until after we appeared before this Commission in 1986 and 1987, never -h existed. 'r 79 March 8, 1990 U PE Commissioner. Plummer: Did you fill oeit, excuse me, did you fill out all 17 request? Mr. Paskewich: It was never applicable until applications after. me. In other words 1986 it did not exist when they were Community Development. In 1987 it did not exist. Only after this Commission sent my case to the City Attorney's office to Jerry Gerreaux come three months later with a .17 thing list. Commissioner Plummer: Is that a true statement, Mrs. 1,eiva? Ms. Leiva: On page 197 on the transcript, "Did you respond to these items that were requested by this letter.?" "I only responded verbally, I did not submit any of the documentations," and these are Mr. Paskewich's words. Commissioner Plummer: No, no, no, the question is, that in 1986 and 1987 were there 17 items or were there 7 and did in fact it changed in 1987 and required 10 more requirements? Ms. Leiva: The information that I have from the housing department as well as from Mr. Paskewich who he himself gave: me that list of 17 items at this hearing was that these were the items that he had to submit as part of the application. Commissioner Plummer: Not my question. My question again very simply. Did the application in 1986 and 1987, did they apply as 7 items of requirement or 17 and did in fact it change, and if it did, did it change in 1987 or 1988? Ms. Leiva: To the best of my knowledge they applied at the time of the application and I think the administration and the housing department would be the best to be able to answer those specific questions for you. Commissioner Plummer: Now, final question. Is there not a reason why today since the money is still being held in reserve if he fills in those 10 additional questions that the grant, if found be in order, cannot be made? Ms. Leiva: That's an answer for the Housing Department. I cannot answer that. Commissioner Plummer: Well, where is the Housing Department? If the monies are still in abeyance, and you are saying that he is not getting it because he hasn't filled out the form in its entirety, if in fact we give him 10 days to comply and fill out the rest of the form, is there any reason why that loan cannot be forwarded? Ms. Diane Kraska: The problem with... Commissioner Plummer: First of all, would you state your name. Ms. Diane Kraska: Diane Kraska from the Department of Development and Housing Conservation. Commissioner Plummer: Conservation? Ms. Kraska: Yes, the problem with that would be that the last work write up we have on the property is from 1986, I am operating on the assumption that the property has since deteriorated. Commissioner Plummer: But you don't know that? Ms. Kraska: I don't know that. Commissioner Plummer: But what I am saying is, I'll ask the question again. If the gentleman fills out the remaining questions, a new write up is done, can it not be granted since the money is being held in reserve? Ms. Kraska: Let me clarify the situation. There is not any money being held in reserve. This is money from US HUD (United States Housing and Urban Development) and we are not allowed to hold any funds in reserve For a project unless and until the loan is approved. Commissioner Plummer; Is there $300,000 available? 80 March 8, 1990 Ms. Kraska: 'There ars funds available under the program, yes. Commissioner Plummer: Is that amount $300,000 or more. Ms. Kraska: Yes, it is. Commissioner Plummer: OK, I come to my question again. If he gives the form today and the other questions are answered and the write up is done, is there any reason why that grant of money cannot be done. Ms. Kraska: If all the information that we have is updated, we have no problem in working with Mr. Paskewich. Commissioner Plummer: Then the answer is yes. Ms. Kraska: Yes. Commissioner Plummer: OK, now, how long does it take you to do a write up, normal situation? Ms. Kraska: I would say we could have one done within two to four weeks. Commissioner Plummer: Two to four weeks. So then if this Commission so deems, they can tell Mr. Paskewich you got 30 days to fill out a form, answer each and every question and the matter will be then considered by you or by your department. Mrs. Kraska: Yes. Commissioner Plummer: OK, and at the same time, can we the Commission be kept informed along the way. Ms. Kraska: Absolutely. Commissioner Plummer: Mr. Mayor, I so move. Mayor Suarez: So moved. Commissioner Alonso: I have a question. Commissioner Plummer: Oh, I'm sorry. Commissioner Alonso: You mentioned that the property has deteriorated. Ms. Kraska: I am not sure of that. Commissioner Alonso: How, even if it has happened what is the difference, how it affects the possibility that he could get the money or not. Ms. Kraska: OK, if the property has indeed deteriorated, that would increase the cost to the rehabilitation. Commissioner Plummer: But above the loan it would be his responsibility? Ms. Kraska: Well, we would work out an economic feasibility and see whether or not the project is feasible and what the total dollar cost would be. Commissioner Plummer: Well, there is no question in anybody's mind that in three years, property does deteriorate. Ms. Kraska: Of course. Commissioner Plummer: Now, is it structural damage or what I can't answer that, that's not my job. But I mean in a period of three years whatever piece of property is, is going to deteriorate. If no one else Mr. Mayor has any �s conversation, my motion still stand. Mayor Suarez: Oil. } Mr. Paskewich: Commissioner Pliu-nmer. �5 C 81 March 8, 1990 Mayor Staare?; CnL.il,ci rne* rest_Rte, wait, P minta.t.e hit. 1?askewi.r_.h, being as helpful ns anybody can be :_finder these circumstances. Commissioner Plummer: My motion is simple. Yes, fine. Do you want that Mr. Paskewich, cause if you don't, then I will. Mayor Suarez: We are presuming that you would be favorable to this motion, Mr. Paskewich. Mr. Paskewich: Can I just correct the record as to what was just said? Commissioner Plummer: No, don't need to. Mr. Paskewich: I'm just saying that Jeff... Mayor Suarez: We can't continue to having Mr. Paskewich, we can't continue to have rehashings and trials of this whole issue as if this were a court of law, we are not. Commissioner Plummer: Until I opened my mouth, you didn't even have an out. Mayor Suarez: He is trying a very positive constructive approach to what may be your problem or maybe not. Mr. Paskewich: But, but all I want to say on the record is that Jeff Hepburn when I came here on September 28th and said why isn't the Law Department doing anything, Jeff Hepburn's testimony to this Commission was that $300,000 of 1986 funds was still frozen for my project. Mayor Suarez: No, no we can't freeze the funds. That's been stated. If it was stated in such a way, we are now clarifying that it was not quite accurate SO. Mr. Paskewich: And the other point I want to make is that I have a letter. Commissioner Plummer: Mr. Paskewich, you are losing, keep on talking. Mayor Suarez: See, your only other recourse... Commissioner Alonso: Yes, that's not even relevant. The money is there and what difference does it make, $300,000 and it's there, so regardless. Mayor Suarez: There are more monies available and if we see favorably and our department approves all the parameters, we may get your funding. Do we have a motion, do we have a second? Commissioner Plummer: My motion is that Mr. Paskewich be given the forms within the next three days, he has until the 8th, I'm sorry the 9th I can't see that damn, 9th of April to get them back to the department and the department will have the... what you call it, writeup? Ms. Leiva: The work writeup. Commissioner Plummer: The work writeup available and this Commission will consider the application on the 12th of April, I so move. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Under discussion. Somebody tell me for sure that if this gentleman is awarded $300,000. that what he plans to do, he has the funding with which to complete the project, not just get $300,000, and start it be able to tell me that at that meeting. Thank you, Mr. Mayor. Ms. Leiva: Excuse me, Mr. Mayor, just a point or information. Mr. Bill Perry of Commissioner Dc Yurre's office, as well as Janet Gavarrete of the Manager's office suet with Mr. Paskewich during this summer, visited the site and made every attempt and met with housing in order to try to do exactly what you are proposing to do here today, and they refused. _- Mayor Suarez: That's about as relevant. to the motion before as his prior comments that Commissioner Plummer admonished him would not be helpful to the — situation. I mean, we have tried, if that's your saying, we understand that, ya 82 March 8, 1990 everybody on the st.Aff has tried to work with Mr. Pask.ewy.r.h, I guess t.h1s is probably the last try. Commissioner Plummer: That's it. Mayor Suarez: Any further discussion from the Commission on the motion? i -3 Commissioner Plummer: Wait, let me ask just one further question on the — i record. Is it still today 17 requirements that he has to comply with? Ms. Kraska: Yes, it is. Commissioner Plummer: 17, no more, no less, it is? Ms. Kraska: Yes. Commissioner Plummer: And that is a standard form used by your department? = Ms. Kraska: Yes, it is. Commissioner Plummer: Thank you. Mayor Suarez: Call the roll on the motion. The following motion was introduced by Commissioner Plummer, who moved its = adoption: . MOTION NO. 90-210 - A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE _ + CITY' S ROUSING CONSERVATION A14D DEVELOPMENT AGENCY TO - WORK WITH MR. LANCE PASKEWICH CONCERNING HIS PRESENT _ APPLICATION FOR A CITY LOAN IN CONNECTION WITH HIS - MULTIFA14ILY REHABILITATION LOAN PROGRAM APPLICATION FOR PROPERTY LOCATED AT 50 N.E. 13TH STREET (LUZERNE APARTMENTS); FURTHER DIRECTING THE ADMINISTRATION TO - _ PROVIDE MR. PASKEWICH WITH ANY OTHER NECESSARY FORMS WITHIN THE NEXT THREE DAYS, GIVING HIM UNTIL APRIL 9TH TO COMPLETE AND RETURN SAME TO THE HOUSING - - CONSERVATION AND DEVELOPMENT AGENCY, AT WHICH TIME, THE AGENCY SHALL COMPLETE THE WORK WRITE-UP FOR THE _ - PROJECT; AND FURTHER DIRECTING THE CITY MANAGER TO -' BRING THIS ISSUE BACK ON APRIL 12TH. _ Upon being seconded by Vice Mayor Dawkins, the motion was passed and - adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins - Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. Commissioner Plummer: Mr. Paskewich, we may or may not see you back on the �j 12th, depending on you, sir. The ball is in your court. Mr. Paskewich: Thank you, Commissioner. ,t -i 83 March 8, 1990 L] D. 41. (Continued Discussion) EXECUTE SECOND AMENDMENT TO EXISTING AGREEMENT BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND THE BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC., - CONCERNING IMPROVEMENTS FOR CITY -OWNED MIAMARINA, AND OCCUPANCY OF PORTION OF THE FACILITY BY PIER 5 BOATMEN'S ASSOCIATION (See labels 5 and 39). Vice Mayor Dawkins: Item 17, please. This morning we heard 17 and we voted favorably to pass it... Commissioner Plummer: But, wait a minute, wait a minute, 17... Vice Mayor Dawkins: ...and we said that if anyone wanted to speak at 2:30 against it, we would hear them and if we had to change our vote, we would. Go right ahead sir. Mr. Michael Dudik: OK, name is Michael Dudik, 3400 Pan American Drive, Coconut Grove and per the resolution, it was stated for relocation to Pier 5. Basically what I am here for at the moment is to get clarity of what the actual location is on the bulkhead system of Bayside Marketplace. I have drawn up some brief maps to distribute here and my number one question is the clarity of where Pier 5 will actually be located and if it is what I am projecting or showing here on the diagram, I have no problems with it whatsoever. Vice Mayor Dawkins: Are you a member of the Fishermen's Group? Mr. Dudik: No I am not. Commissioner Plummer: What is your bone of contention sir? Mr. Dudik: My bone of contention? I operate a fleet of yachts out of Dinner Key Marina. We also operate a yacht out of Bayside Marketplace called the Celebration of Excursions and our intentions here is to see the actual location of where they would be located and to get clarity on it. Commissioner Plummer: Well here, use his, if I am not mistaken as he is asking, if this is in f act where the Pier 5 Boatmen are going, he has no problem and to my knowledge that where they are going. Mr. Dudik: OK, I just want to make sure that Pier 5 is not directed over 411 the fascia of Bayside Pavilions. - Commission Plummer: Well even if it is sir, what difference does it maAe to =� you? =C Mr. Dudik: Well, again, clarity. Commissioner Plummer: Who do you rent from presently sir? - -i Mr. Dudik: Miamarina, City of Miami. = Commissioner P1Lunmer: And Miamarina is the City of Miami, is that correct? Mr. Dudik: Correct. =i Commissioner Plummer: And you havo a month to month lease? Mr. Dudik: Presently we have a month to month lease at this time working on a permanent location. = Commissioner Plummer: Maybe... I just don't see what difference it means to = you if we put boats, God forbid, I'd love to put boats all in there to make it start paying for itself. Mr. Dudik: So would I and we would love to be there. Commissioner Plummer: So, I don't know what your contention is. 84 March 6, 1990 Tar. Dud ik: Well., Again if the r_lazity is we Are i�lst on those two walls, we have no problem. Commissioner Plummer: But you could of found that out without taking up the Commission's time. Mr. John Thomas: Mr. Plummer, I am .John Thomas, I am here with Mr. Dudik, I am an Attorney that has represented Mr. Dudik and just to state it For your concern, we just want to make sure that the entire bulkhead is not taken up by the Pier 5 Association. Vice Mayor Dawkins: But if it is sir, it is our property. Commissioner Plummer: If it is, I would hope that it is and I am going to tell you something, your client better hope that it is because that would mean► more revenue because the way the damn thing is going now it's going to be closed down. Mr. Thomas: We are absolutely in favor of the marina being used. We know that at this point in time, that space is not available for our boat or any other boat and we would like to have an opportunity to come in there without being part of the Pier 5 group. If we are foreclosed from coming in there because we are not part of the Pier 5 group, we would have an objection. That's precisely what we... Commissioner Plummer: But your are foreclosed from that area designated for the Fishermen. Mr. Thomas: Exactly, we don't ,rant to be on the areas that we have shaded here for the fishermen, I understand that to be all they are asking for, if we have an opportunity to come into the remainder of the bulkhead, then we are perfectly happy. Commissioner Plummer: Are you not now between Pier A and the Pavilion? Mr. Thomas: We are not, we are asking to be in that area. Commissioner Plummer: Where are you presently? Mr. Thomas: We are on the space available basis because that area between Pier A and the Pavilion is not currently available. It's foreclosed from being used due to litigation. As soon as it is available we would like to be there. Commissioner Plummer: And are you doing that on a commercial basis? Mr. Thomas: We are looking to come in there to run an excursion boat that goes from here at Dinner Key Marina to Bayside. Conunissioner Plummer: Are you presently running an excursion boat? Mr. Thomas: We are going from Dinner Key to Bayside and working out at Bayside on a space available basis. Commissioner Plummer: And how much rent are you getting for them? Mr. Thomas: The commercial rate. We are paying a... Mr. Alberto Ruder: They would be subject to the commercial rate which is at this time is 27 cents per foot. Commissioner Plummer: And that's what they are paying? Mr. Ruder: Well, yes they are on Dinner Key now. 'Whey have several boats on Dinner Key and we are working something else so they would have one on Bayside also in the future. Commissioner Plummer: I hope they bring three or four boats in there. Mr. Thomas: We would love to. We think we could use space there, all we are saying is that we don't want to be foreclosed by not being part of Pier 5, that's the whole question. 85 March 8, 1990 0 El Vice Mayor Dawkins: But we can't give you that assurance because we don't know. Mr. Thomas: Well, that's my question then, are we incorrect that the area shaded here is what's being designated for Pier 5 or is there no specific designation? Commissioner Plummer: That is correct, that's correct. Shaded area here is best designated where the Fishermen Association will be going. Mr. Thomas: End of question, that's all we needed to hear. Commissioner Plummer: Go away and say no more. Mr. Ruder, sir, you promised me at budget time that you were going to show up, I think how much of a profit at Miamarina? Mr. Ruder: At Miamarina, 1' think we were showing close to a break even. Commissioner Plummer: No sir, you promised you were going to make a hundred and how many thousand dollars? That was in the budget. Mr. Ruder: I'll have to check that for you, I just can't remember. Commissioner Pluzu-ner: I'm asking you today sir, how much have you made? Mr. Ruder: Well because of the continuing problems that we are having... Commissioner Plummer: Don't... we knew about those continuing problems then sir. Mr. Ruder: I'll have to find that out for you sir. Commissioner Plummer: Cause I'll tell you from what I hear at Miamarina we are losing our stern end. Mr. Ruder: We are. Commissioner Alonso: Are we? Commissioner Plummer: Yes Ma'am, we are losing an awful lot of money. Yet I was promised by the Administration that we would show no less than a profit of $150,000.00, go check it. Mr. Ruder: Yes, I'll check it out, I just... Commissioner Plummer: Write me a memo please. Mr. Ruder: OK. Commissioner Plummer: We're losing money like you can't believe it, like you don't want to believe it. Mr. Odio: We need to really address the problem on the Marina Commissioner. There are some clauses in the contract with the Rouse Company that I think will make the Marina not profitable for a long time and we are working with them and trying to change that clause right- now which prohibits us from having long term Marina boats there, we can only ... You never voted on 17 I believe, Matty? Commissioner Alonso: We did... Mr. Carlos Smith: Mr. Mayor, I'd like t.o... Mir. Odio: Did they vote on 17? Commissioner Plummer: No, Mr. Paul is here. Commissioner Alonso: Oh. UNIDENTIFIED SPEAKER: We haven't voted on 17. 86 March 8, 1990 Commissioner Plummer: No. u*e have to hPPT' from that si_]t.er t.onpuA nrrtor from high in the sky. Mr. Dan Paul: I have really no comment to make except that I hope that everything is at last acceptable and that you will look 'favorably on the Manager's request — . Commissioner Commissioner Plummer: Dann}, to get rid of this damn thing, I will move it in a hurry. Mr. Paul: Marvelous. Vice Mayor Dawkins: Any further discussion? Mr. Carlos Smith: Commissioner Plummer, I need to make a clarification, the contract, the amendment is as you have with one change and that is that we have agreed on slips 2.1, 22, 23 and 24 to allow them to extend the boat size beyond the end piling. Commissioner Plummer: No, no, no, that was not part of the contract, that was not part of the negotiation. When you do that then you've start having a problem and you got to come back and tell me and guarantee me that that does not cause any obstruction to bring the larger boats in for which we derive full revenue rather than 40 percent. Mr. Dan Paul: No, the slips that they are talking about, there are only four and its because of the way they have to be tied up way up at the north end and it doesn't affect the turning arch in and out of the basin at all. Commissioner Plummer: But when you start talking about Danny with pylons out to extend the... Mr. Paul: No, no, no, no pylons, that, not, that the boat, the pylons would stay exactly where... Commissioner Plummer: fie said pylons. Mr. Paul: No, no, no, he meant... Mr. Smith: No, no, no, the post will extend, will .allow the boat to extend 15 feet past the pylon while they are docked there. Commissioner Plummer: That's what I'm talking about. Mr. Smith: But not moving the pylon, we will not move the pylon. Mr. Paul: But only in those four slips and the pylons don't change, it's the fact that on tying on those up on that end slip that the boat may protrude slightly beyond the pylon. _ Unidentified Speaker: Which is agreeable to Bayside. Commissioner Plummer: To hell with Bayside... and how far out beyond? _ Vice Mayor Dawkins: 15 feet, 5 feet, 10 feet, 15 feet? Mr. Smith: Fifteen. Commissioner Plummer: Wait a minute, why should we agree to that? Mr. Paul: Because there are a couple of boats that are slightly longer. Commissioner Plummer: Danny, that was never agreed upon, that was never agreed upon. Give me the difference of the boat that you are talking about, are you talking about 55 feet? Mr. Paul: No, the boat is 65 feet in length and it will be, it will be 5 feet beyond the boat could stick 5 feet beyond maybe as much as 8 feet if you leave 3 feet to tie it up. Commissioner Plummer: Danny, you are one of the best negotiators I know. Now, you want something which you're going to give me. 87 March 8, 1990 Mr. Paul: I think that. that's, I don't. know if there ie. anything to gisre you on that, I thought... Commissioner Plummer: Oh, you have got from this City, tremendous, tremendous concessions for this operation. As far as I am concerned, we negotiated this thing out in your office, we were ali most compatible and it was agreed upon at that time and that's where it is today without an amendment. Now if you want to reopen negotiations... Mr. Paul: No we don't want to reopen negotiations, but... Commissioner Plummer: All right, then I move it as is, as agreed upon. Vice Mayor Dawkins: It's been moved as agreed upon and not with amendments. Commissioner Plummer: As agreed upon. Vice Mayor Dawkins: I think, is there a second? Commissioner Alonso: Yes. Vice Mayor Dawkins: To approve as agreed on, not amended. Commissioner Alonso: Yes, to approve as presented to us... Vice Mayor Dawkins: To approve as agreed on not amended. Commissioner Plummer: To approve as agreed upon and negotiated by their attorney and myself. Commissioner De Yurre: We have a motion and a second. Commissioner Plu,nmer: Yes. Commissioner Alonso: Second. Commissioner Plummer: Danny, I don't want to preclude if you want to come back and open it up for those four boats for an additional 15 feet. - Mr. Paul: I said, the pylons, the pylons were not in place when the — negotiations took place, you didn't have ,your plans done. Commissioner Plummer: The distance of the requirements of the boats was. Vice Mayor Dawkins: Any further discussion, call the roll Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-211 ' A RESOLUTION, WITH ATTACHMENT, ESTABLISHING AND - REVISING TERMS, CONDITIONS AND OBLIGATIONS RELATING TO _— IMPROVEMENTS FOR CITY -OWNED MIAMARINA, LOCATED AT 401 =j BISCAYNE BOULEVARD, MIAMI, FLORIDA, AIND OCCUPANCY OF A — PORTION OF THAT FACILITY BY INDIVIDUAL MEMBERS OF THE — PIER 5 BOATMEN'S ASSOCIATION, INC.; AUTHORIZING THE —' CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT DATED OCTOBER 12, 1985, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE PIER 5 BOATMEN'S ASSOCIATION, INC., INDIVIDUAL [MEMBERS THEREOF, AND THE BAYSIDE LIMITED �? PARTNERSHIP AND ROUSE-MIAMI, INC. (Here follows body of resolution, omitted here and or. 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: 88 March 8, 1990 a 0 RYES- Comm.i.csi.(,,ner Victor I)c Yurre Commissioner J. I.— Plummer, Jr. Commissioner Miriam Alonso 'Vice Mayor Miller J. Dawk.ins NOES: None. ABSENT: None. ABSTAINED: Mayor Xavier L. Suarez COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I vote yes and thank God yes. Nothing will please me more to see those boats in there. Go away and sin no more. ----------------------------------------------------------------------------------- 42. (A) GRANT REQUEST FOR STREET CLOSURE IN CONNECTION WITH DADE COUNTY BAR ASSOCIATION'S ANNUAL LAW DAY RUN. (B) DIRECT CITY ATTORNEY TO PREPARE APPROPRIATE ORDINANCE TO ASSIST IN HANDLING OF FUTURE SIMILAR REQUEST. ---------------------------------------------------------------------------------- Mayor Suarez: Go ahead, proceed. Mr. David L. Deehl: My name is David L. Deehl, my address is 2843 South Bayshore Drive, Unit 7A, Miami. Commissioner Plummer: Is this item 297 Commissioner Alonso: Yes. Mr. Deehl: I'm here. Mayor Suarez: Does anybody have any problem with this item, does the administration have any problem with it? Commissioner Plummer: What day of the week is it? Mayor Suarez: Street closure. Mr. Deehl: Sunday 8:00 a.m. and it's not a street closure; its only a _ temporary, intermittent... Commissioner Plummer: Sunday? Mr. Deehl: Right, Sunday morning. Mayor Suarez: Just to get across the street, is that what you are saying? Commissioner Plummer: And what time? Mr. Deehl: 8:00 a.m. z: Mr. Sergio Rodriguez: 7:30 to 9:30 a.m. Commissioner Plummer: And what street? Mr. Deehl: It's a running race. It starts at McFarlane, but it clears the business district within a minute or so. Its just a standard running race. This is our eleventh year, first time we have been asked to come before the ;. Commission. The Police Department approves of it, excuse me. Mayor Suarez: Hardly something that needs to come to the Commission, is there anyway that we can figure out, avoid having to, as much as we would like to hear from Dade County Bar. If Commissioner Plummer has so much interest in it, why don't we appoint him to a committee to oversee street closures? 89 March 8, 1990 Commissioner PI,,mlTci; ThPtnnr roMPlit.f±r i.e �pe?ak]ng agn):^, Pggit, aglin... Mayor Suarez: Yes, that's right. Commissioner Plummer: Fine. Mayor Suarez: Anything to get us ahead in this agenda? Vice Mayor. Dawkins: This is an annual event? Mr. Deehl: That's correct Vice Mayor Dawkins, we have had this for ten years, we started in the Grove... Commissioner Plummer: Are you going to have somebody out there picking up the cups that they throw down afterwards? Mr. Deehl: We're the best with that. Vice Mayor Dawkins: Where, where, is that a police, is the police here? Mayor Suarez: Is the Administration comfortable with this, including Lt. Longueira? Vice Mayor Dawkins: Have we had any trouble with this sir? Commissioner Alonso: Move. Mayor Suarez: Moved by Commissioner Alonso, seconded by Vice Mayor Dawkins. Vice Mayor Dawkins: I'd like to amend the motion, Madam Commissioner. I'd like to amend it that it don't have to come by here no more, that the Manager has the prerogative to do this. Commissioner Alonso: Yes. Mayor Suarez: Can we do that Mr. City Attorney? Mr. Fernandez: Well, yes. Mayor Suarez% As to future years unless we have any particular concern or he needs to consult us because of other requirements in the code or whatever? Mr. Fernandez: That would be the proper subject of an ordinance if you would want to pass. Mayor Suarez: Would you please prepare one for us for the future really, we've got to figure out a way to not have to consider each one of these up here. Mr. Fernandez: Because otherwise, my opinion it would tie in an inappropriate determination just for one party. If you want to as a matter of policy... Commissioner Plummer: No, for a policy. Mr. Fernandez: A matter of policy to the... Mayor Suarez: Yes, exactamundo. Mr. Fernandez: ...administration that any street closures, they once they granted once and if everything is fire it be in perpetuity it be fine. Mayor Suarez: In the absence of that, we can't just sort of approve this for the next ten years. Mr. Fernandez: No, no you cannot, this one. Commissioner Plummer: And you can also, you can also put in an appeal procedure. Mayor Suarez: All right then we have the motion only to this year and hopefully we would... 90 March 8, 1990 Commissioner Plummer: Mr. ?Mayor., just, .just... Mayor Suarez— yes, if they are denied, obviously they can come to the Commission. Commissioner Plummer: Well, OK, but one of the things that the residence of Coconut Grove is for exa►rple, the Florida Bar has no direct ties with Coconut Grove and the people of the Grove, excuse me... Mr. Deehl: Dade County Bar, I live right here at Grove Towers. Commissioner Plummer: That's fine, that's where you live, sir, and you could just as easy run in Bicentennial Park, you can run in Moore Park, you can run in Overtown... Mayor Suarez: No, no, no, there are, you're right, I got you, there are, we got so many events in Coconut Grove that they are just getting to the point that they wish that they could control them. Commissioner Plummer: That's the problem. Mayor Suarez: And that's a whole different thing. Commissioner Plummer: Their street are the ones that are continuously closed time after time, after time which disrupts the neighborhood, so that's the area of concern. Mayor Suarez: As a procedural matter, if we could have a Coconut Grove Festival Committee be consulted, that would be helpful. Commissioner Plummer: Sir, the recommendations of that Committee which you appointed me Chairman has been before this Commission for over three months and somehow... Mayor Suarez: We got to change the Chairman obviously. Commissioner Plummer: Just turn down that then go get a new Chairman. Mayor Suarez: But there should be input obviously from a community in question that we want to warn everybody that in the case of Coconut Grove.. Commissioner Plummer: It's been before you for three months and you keep deferring it. Mayor Suarez: No, no, I mean as to, as to street closures just for a little, runs and so on. Vice Mayor Dawkins: On the discussion are we saying this is the last year we are going to approve this for Coconut Grove, is that what you are saying? Mayor Suarez: Not, not, no, that's not what I am saying. Commissioner Plummer: No, no, no, that's not what I am saying, what they are asking in that committee was that there would be no more, as I recall, than two road races a month in Coconut Grove, or one, OK? So that you limit it and spread the wealth around. Vice Mayor Dawkins: A month? Mayor Suarez: OK, get those standards before us so that we can bill those in if we deem proper to an ordinance or whatever? Vice Mayor Dawkins: But they need to know today whether they should come back here new- year or not... Mr. Deehl: That's correct. Vice Mayor Dawkins: So as they got a year of planning, they go know how to plan. Let's don't tell them that we going to... 91 March 8, 1990 Commissioner Plummer: tael.l. if they are smart, they will plan on coming back and hope they are not; needed. Vice Mayor Dawkins: Whon is the, by the way when is Dade County Bar Association going to make on a pro bono basis available some attorneys for occasional help to the City on some complex legal matters? Commissioner Plummer: When hell freezes over. Mr. Deehl: You would be surprised how much pro bono work we do, my voice Isn't working too well today... Mayor Suarez: For the City of Miami. Commissioner Plummer: How come your voice was strong up until the time the Mayor asked that question. Mr. Deehl: I would raise the issue at the Executive Committee and the Board Meeting I am going to right from here. Mayor. Suarez: It would be nice because the attorney who left a couple minutes ago, many, many years ago made a proposal to do precisely that of a Committee of Attorneys from Dade County Bar that would help them on a pro bono basis with legal matters of the City and we could really use a .little bit of help every once in a while here. Mr. Deehl: I would agree to do that if I could help you. Mayor Suarez: Thank you, very good, OK, do we have a motion on this and a second? Commissioner Alonso: Yes. Mayor Suarez: As to one year and hopefully in the future we will figure out a simplified way of doing this. Any discussion? If not, please call the role. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-212 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS IN COCONUT GROVE CONCERNING THE LAW DAY RUN TO BE CONDUCTED BY THE GREATER MIAMI RUNNING ASSOCIATION ON APRIL 29, 1990 SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW; FURTHER CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY BE ASSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on I ile in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 92 March 8, 1990 NOTE FOR THE RECORD: At, this point, Agenda item 30 was called for discussion. The record was marked to reflect no appearance by interested parties. NOTE FOR THE RECORD: At this point, Agenda item 32 was withdrawn. ---------------------------------------------------------------------------------- 43. REFER BACK TO ADMINISTRATION LOAN REQUEST RECEIVED FROM REPRESENTATIVE OF B & B PARTNERSHIP CONCERNING A PROPOSAL FOR REHABILITATION OF PROPERTIES AT 1801-1805 N.W. 2 COURT, 1755 N.W. 2 COURT AND 1229 N.W. 1 COURT, IN OVERTOWN - DIRECT MANAGER TO MEET WITH THE INDIVIDUALS TO TRY TO FIND A VIABLE SOLUTION TO THIS PROBLEM. -------------------------------------------------------------------------------- Mayor Suarez: Right, item 31 go ahead. I had forgotten a little bit about this matter. Mr. Bader: Good afternoon fellow Commissioners, excuse me, Commissioners, Commissioner Alonso, we come before you this afternoon with a situation that is, we feel, a severe hardship. I represent B & B that comprises of Hispanic, Black partnerships that owns properties in the Overtown area. They acquired these properties several years ago and everything was going along fine until a bank backed off of a written commitment and that created substantially... Commissioner Plummer: Sir are you an Attorney? Mr. Barter: No. Commissioner Plummer: Thank you, but are you a registered or are you being paid for your appearance. Mr. Bader: No, I am part, my wife is one of the owners and she is not feel well so... Commissioner Plummer: You are not being paid for your appearance? Mr. Bader: I am part of the B & B Partnership. Commissioner Plummer: Are you being paid for your appearance here today sir? Mr. Bader: No. Commissioner. Plummer: Thank you. Mayor Suarez: If you are, you have to fill out a form but apparently you are not, go ahead. Mr. Bader: No, no, In any case, the situation is that right now the City served notices on one of the buildings to tear down the building that we had in fact spent a lot of money in rehabing which I would like to offer as evidence to this building, if I may. That is the building that was considered, all the buildings were rehabed with personal money and then when the City's department determined that there was a few violations in the electric room that building then had electric turned off and within three days all the windows and all the doors and all the apartments was completely stripped, so that's one building now, eight units that are vacant. The parties also acquired a building... Commissioner Plummer: Are these recent photographs, sir? Mr. Bader: Those photographs are about 12 months old, 93 March 8, 1990 11 Commissioner Plummer: Are the buildings in the same condition? Mr. Bader: No, that building was completely rehabed and then when the City ordered the electric turned off, everything was stripped off the building. When the properties were offered to the housing department for assistance, the housing department determined that it was economically infeasible for any loans to be offered, so the people used their own capital and they rehabed the units. Then they went to acquire a building adjacent the existing buildings and the bank gave them a written commitment and the bank never closed on that commitment which was Atico Bank. That was what caused the problems because they used all their reserved capital to acquire the adjacent building as per this commitment and the bank which was supposed to have closed within 30 days never closed, so they have about $80,000.00 in capitals tied up in this property over here and which is adjacent to this property. Now they have $765,000.00 worth of real estate with only two... Mayor Suarez: Mr. Assistant City Manager, this reminds me a little bit of the Lance Paskewich's issue except that it has not confrontational. What, if anybody can translate for us, is the request? What, if anything, can the City do? What makes sense rather than hearing all about a particular project in the City which you know, we could spend a lot of time hearing about all kinds of different projects in the City and what they need to be successful. Are they seeking C.D.B.G. funds, involvement from the City? Is there anything that this Commission should be doing other than referring them to the appropriate department? What is the catch here? Mr. Sergio Rodriguez: It not clear from the memo, from the letter... Mayor Suarez: What legislative or policy action is asked for of the Commission? Mr. Rodriguez: It's not clear from the letter that Ms. Myrna Block sent to the Commission. The only thing that we can report to you is that, which I think they are referring to, there are three cases that have been sent to the Code Enforcement Board and also to the Unsafe Structure Board because the properties have been in some cases abandoned or with no windows and vacated, vacated for a while and I think that is what he is trying to address but I am not completely sure. Commissioner Plummer: But what's the hardship? Mr. Bader: What I would like to focus in on this is that the hardship is that... Commissioner Plummer: I'm asking him. Mr. Rodriguez: There is no hardship as far as we know. We have this schedule before the Code Enforcement Board because of violations. There was a case... There are three properties in question. I don't know which one he was referring to because he didn't give anything in the reference to the addresses, but the one that is in 180105 N.W. Second Court, this case was closed and then was reactivated again on February 14th, 1990 because the building was occupied and still have violations and as you know if you have violations in this situation we might have liability problems that we have to deal with. In the case of 7055 N.W. Second Court, the building was found open, vacant and in violation and it was sent before the Code Enforcement Board on May 9, 1990. It will be before the Code Enforcement Board May 9, 1990 and also before the Unsafe Structures Board because the building, we believe might have unsafe structural problems. The other property in 122129 N.W. First Court is before the Dade County Unsafe Structures Board to be heard by them on March 14th for an order to repair or demolish and also is before the Code Enforcement Board on March 14, 1990. So we have three buildings in which there have been violations, there have been some structural problems and they have not been repaired and there been cases opened on each one of them. They are scheduled before the Code Enforcement Board and the Unsafe Structures Board, and I think that what he is trying to bring before you is his plight to try to maybe stop the actions. Mayor Suarez: Is that a fair statement, what are here for because before you tell us the whole history, I think we are entitled to know what request you are going to be making or relief unless Commissioner Alonso can enlighten us, maybe she is... 94 March 8, 1990 Commissioner Alonso: Yes, I think that what they are trying to do is to see if the City of Miami has any kind of program by which they could be. helped. These properties are located in areas that low income houses. It's very much needed They have done a good ,job in the past with some of the properties that they own, owned by minority and they come to us to see if we can f Ind in the many programs available in the City of Miami, if we can find the funds to help in this particular area and I think that's the bottom line in this case. Leo we have any sort of program by which we can provide the money that they need in order to save these structures and put families to live in the building and have it in such as good condition as they have some of the other buildings that the pictures have been coming back and forth. That's the bottom line. Can we help them, there is money available in any program, perhaps Federal money whatever that the City of Miami receive and we can help them with these structures? Mayor Suarez: Yea, How about Multifamily Rehab or New Construction monies or whatever, 1 mean why does this need to come through here first instead of having the Administration jump on it and try to do something to, that we can then approve to actually fix up the building in question and provide the affordable housing the Commissioner is referring to properly? Commissioner Alonso: By the way, it's hard for me to believe that we don't have ways to help in cases like these in areas where we say everyday affordable housing is needed, low income housing is needed and here we have a private sector trying to get, things together with the community and provide in the housing facilities and we don't have any kind of program that we can provide, I think we are talking here between seventy hundred thousand dollars that they need in order to keep these properties going. Mr. Rodriguez: I would like get Mr. Hepburn from the Housing Agency to respond to your question in more detail. My understanding is that they are asking also to remedy some problems they have also with some bills that haven't been paid that deal with electricity and water and so on. Commissioner Alonso: Well the water, we have worked out with the County and the Water Department and remember this was 'the property that I brought in the month of December to protect the families that the water was going to be cut for, during Christmas time and we worked with the County in order to avoid that the water remained within the property. I think that some sort of agreement was worked out. They were making installment payments I think and I'm sure if they get some sort of help they are going to pay those too. Mr. Hepburn: If he is basically talking about rehabilitating the properties, yes, we do have a multifamily rehab program in which we can assist him. Mayor Suarez: Isn't the funding cycle on that just about to be completed about now? Mr. Hepburn: Well, there are funds available right now and we're going through a process in terms of 16th year funding. Mayor Suarez: Well, we can give you a lot of impetus to consider this one because this Commission seems quite inclined to favor... Commissioner Alonso: Definitely. Mayor Suarez: ...the area in question is right, the people in question apparently have done this kind of thing before successfully. Commissioner reports that properly this makes a lot of sense for us to be involved in. I don't know what else we can do as a Commission other than refer it with... Commissioner Plummer: Well, can I ask a question? I guess my question has to be why are we considering to help this individual when he has here a commitment from a bank for a loan? Commissioner Alonso: The bank never closed, that's why they are in the situation they are in right now and I think they are fighting this... Commissioner Plummer: Well, the bank agreed to close, I guess I've got to know why. 95 March 8, 1990 Mr. Tin der.: The hank stated a.t. that time, that they merged with Intercontinental Bank and they made a determination they couldn't do anything... Commissioner Plummer-. This is Atico. Commissioner Alonso: Yes, that's the company that purchased... Mr. Bader: That's true, Atico merged with Intercontinental bank and they papers were at the attorney, they never closed. The owners of the building and myself already acquired the building, we started work on the building and half way through it they determined they couldn't close because they couldn't do a loan under a million dollars. Commissioner Plummer: But there is no letter stating that this letter is not In effect. Mr. Bader: Well, there is litigation now occurring regarding that but that doesn't solve the immediate problem. Commissioner Plummer: Let me ask you something, sir. Mr. Bader: Yes, sir. Commissioner Plummer: Is your corporation in any way in default with any other properties you own? Mr. Bader: No, sir. Commissioner Plummer: None whatsoever? Mr. Bader: No, sir. Commissioner Plummer: None in the Wausau series of loans? Mr. Bader: No, not at all. Commissioner Plummer: None of the other properties that you have are in any way in default? Mr. Bader: Well, that property went into a foreclosure action because... Commissioner Plummer: No, I'm talking about other than these three, sir. Mr. Bader: No, sir. Now I want to add one tieing. Mr. Hepburn and I have been communicating regularly trying to find a solution. When we first acquired the buildings we went to the City's Housing Department, they determined that it wasn't feasible to lend money on these properties. That's why we haven't pursued that situation. It would cost us a thousand dollars right now to apply to gist that loan and that was one of the things I wanted to ask the Commission, that there is a problem now in basically maintaining the property, paying the utilities to get a waiver on that fee or at least tack it onto the end of the loan if, in fact, that loan was approved. Because right now a thousand dollars is a lot of money to the partnership. Mr. Rodriguez: May I add something else for the record of some information that I have on the properties? In relation to one of them, 1801-1805 N.W. 2nd Court, we have had over the last three years more than 53 police complaints alleging commission of criminal offenses covering the entire spectrum including unclassified death. This is one of the examples. This property is very close to the Phyllis Wheatley School which in that sense it might present a danger to children in the area. That's why we have been moving in the direction that we have been going. In relation to another one of the properties... Commissioner Alonso: You're talking now about the vacant property. Mr. Rodriguez: Well, I'm going by address, the 1801-1805 N.W. 2nd Court. Commissioner Alonso: Is that the vacant property? 96 March 8, 1990 Mr. Bader.: No, that property is running one hundred percent occupancy, IT, fact., I have with me the manager,,, of the property, Mr. Rolle and Mr. Wi7.son and there are families that have been living there for almost twenty to twenty-five years, there are no problems with that property. Mr. Rodriguez: Well, this is the report that we have about the complaints that we have received from the Police Department in this particular property and also that there are violations at present in that particular property. That's why it is before the Code Enforcement Board. Mr. Bader: I have to correct that, at this point there was a small violation that was corrected about four weeks ago by the minimum housing. Minimum housing right now would advise you there are absolutely no violations at all in that building. Commissioner Plummer: How much money are you looking for in total? Mr. Bader: We need about $6,000 a unit to complete. Half the work has already been done. Commissioner Plummer: And how many units? Mr. Bader: Twenty units - it is CBS buildings. Commissioner Plummer: So you're looking for $120,000. Mr. Bader: Yes, sir. Commissioner Plummer: And what are the cost of the rentals? Mr. Bader: Excuse me? Commissioner Plummer: How much are the cost of the rental units? Mr. Bader: What would we receive in rents? Commissioner Plummer: How much do you charge for a rental unit? Mr. Bader: Well, right now the rents are about what? -$200 a month on the one bedroom, $210 on some and on the two bedroom apartments we receive how much? - $225. We have the lowest rents in the area and I can state this also, Commissioner., that the owners of this building have not taken one penny out of this property since they owned the property and that can be audited. This said, one party is a Miami Police Sergeant who, in fact, was raised in -- Overtown, the other one is a lady who is sitting over there who is Latin by heritage and they've been working very hard to maintain the properties and because of extenuating circuristances, they have had substantial problems. Now, they're not even looking for a grant or a gift, they're looking for an ordinary bank loan and we've been turned down by at least a dozen banks, this is a letter from Sun Bank. I have another letter here from Southeast Bank that they rejected, we've been trying to get loans on this for a year, ever since Atico refused to close. Commissioner Alonso: Yes, well, he said that they will qualify for rehab. Mr. Hepburn: Well, what happened, from what I understand, he came in about two or three years ago and what was done was initially a preliminary analysis, whether or not the project was feasible as far as rehabilitation. Based on the projected income and the level of financing that was needed, it appeared that it was not. That was two or three years ago. I don't know what the status is today in terms of whether or not that application will be approved. Commissioner Alonso: Well, I have some questions before we move on about this question of the violations. The address of this property is 1229 N.W. 1 Court? Mr. Bader: Correct. Commissioner Alonso: Now, according to this report, these properties going before the rode Enforcement Board that does not impress me very much because sometimes they take people to the Code Enforcement, things that do not make any sense and so it does not impress me, but anyway, on March 14th, the 97 March 8, 1990 Rcc:.:satiore Are mAintai_ning a vacant rind inseci.TrP a+.ructurp, pocsihly a crAnk house. This property even has a fence. It is very well kept. Is this the property we're talking about? Mr. Rodriguez: That picture is old. Commissioner Alonso: This is old? Mr. Bader: Those pictures were taken a year ago. Mr. Rodriguez: A year old. Commissioner Plummer: fie said they were a year old. Commissioner Alonso: A year old. Mr. Bader: Now prior to the City ordering the electric to be disconnected. Commissioner Alonso: On this property? Mr. Bader: 'that's right? Commissioner Alonso: Why they did that? Mr. Bader: I have a letter here to that effect. In fact, what had occurred was that they sent us a notice that there were certain minor violations, they were corrected, we called for an inspection... Commissioner Alonso: what are minor violations? Mr. Bader: I have a copy of that here. Commissioner Plummer: Who is Mr. Alan Cole? Commissioner Alonso: The people from Code Enforcement, are they here? Mr. Bader: Mr. Cole is a mortgage broker. Mr. Rodriguez: Ms. Fuentes is here from Building and Zoning. Commissioner Alonso: Could you answer this for us, Ms. Fuentes? Are you familiar with this property? What seems to be the problem? What were the minor violations that ended up that they cut the electricity? Ms. Fuentes: If it is an electrical problem, we consider it hazard to the health and life of the people occupying the building or going into the building. That is one of the reasons the electrical power was cut off. There might be exposed wires or exposed electrical wirings. Commissioner Plummer: But you don't know what it was in this case? Ms. Fuentes: Not particularly. Mr. Rodriguez: All right, let me read into the record what has been handed to me by Mr... The letter was dated November 14, 1988 and it says, "The following violations were found at the above referenced address: electrical service, central distribution needs repair, not, grcunded properly and improperly enclosed panel cover of meter room used for storage of trash and some units are open and vandalized, electrical open and energized. The above violations are hazardous to life and property and this is part of the attachment. Commissioner Alonso: When the truth is that putting it in plain language that we can all understand, it could be very serious or it could be something very simple that could be resolved very easily. We have no way of knowing unless we talk to the inspector or we have seen the problem because sometimes when they write a report and say trash in the electrical room it seems like, and maybe it was a piece of paper that was lying there and when they write the report that's what they write. So how serious it was, can we get any definite responses on this? Mr. Bader: Commissioner, those items were corrected. 98 March 8, 1990 a Commissioner Alonso: Were corrected, but you don't have electricity in that building, do you? Mr. Bader: And a permit was pulled... Mayor Suarez: Excuse me for a second. Let's have some quiet in the chambers, please. Go ahead. Mr. Bader: Those items were corrected because I said one was putting a lock on the door, the other one was cleaning it out and they were corrected, but subsequent that occurring, called for an inspection, the inspector went to a wrong location, ordered FPL to cut the power, the next day everybody moved out of the building and then about two or three days later they stripped the building. And they put us out of business. Commissioner Alonso: Let me put something for the record and take the opportunity to clarify. These are some of the things that I am opposed that when they talk about crack houses and they say let's demolish this structure, let's say that the Code Enforcement finds that this property was in violation and it was a crack house and what have you, rather than demolishing a property like this, which I oppose, put people to live in the building and do everything in our power to fix the property rather than go and demolishing structures that to me are very sound and strong when people need housing. We're talking about demolition, properties that look like this? Commissioner Plummer: That's a year old. Commissioner Alonso: Even if a year old, put the worst deterioration in a building that looked like this one year ago. As a matter of fact, I want to go to this property and inspect the property inside, everything, because I cannot believe that this property is ready for demolition with all that Code Enforcement might be saying, I cannot believe it. Mr. Rodriguez: That. property in question, if it is 1801, is the one that is not for demolition, but they have some violations. Commissioner Alonso: Whenever they come saying that it is a crack house, Code Enforcement immediately says demolition and immediately we go right there and demolish the structure sooner than we open our eyes. Mr. Rodriguez: Which one is the one you're referring to, Commissioner? Commissioner Alonso: This one. Mr. Rodriguez: What is the address? _ Commissioner Alonso: 1229 N.W. 1 Court, and I hope that property is not going to be demolished. Mr. Rodriguez: That one is scheduled, yes. That is the one that is scheduled. Commissioner Alonso: And I hope that property is not going to be demolished. Commissioner Plummer: We go from one Commissioner driving a bulldozer to the next Commissioner ... Commissioner Alonso: Definitely yes, because what we're talking in this City is about homeless. What we're talking in this City is people that need a roof on top, of them and we are going demolishing properties that are sound, structurally sound when we need affordable housing so families can live in and what we are doing is demolish the property and what do we do with the people? Then we don't wand: them wandering in the streets because they don't have a place to live. Mr. Bader: I applaud you. _ Commissioner Alonso: We have to put our act together in order to solve the problem. Commissioner Plummer: May I make an inquiry? Mr. Allen Cole, does he work with you, for you? 99 March 8, 1990 Mr. Bader: Fir. Allen Cole is a licensed mortgage broker and we work together. Commissioner Plummer: Are you in business together? Mr. Bader: We are in business together. Commissioner Plummer: And he runs a company called Funding Resources, Inc.? Mr. Bader: Correct. Commissioner Plummer: Well, according to this letter which you gave me you didn't apply, a mortgage broker applied and I guess it is the same even though this one says for thirty units. Mr. Bader: We tried to get a loan on the units that are occupied because banks... Commissioner Plummer: You or a mortgage broker who does it for a living? Mr. Bader: The mortgage broker. Commissioner Plummer: Not you. So you, B&B were riot turned down by this bank, but a commission agent was turned down. Is that a correct statement, sir? Mr. Bader: Well, let me clarify this. A mortgage broker who has access to various lenders can take the same appraisals and shop them all over the area. If an individual goes to a different bank he's got to then have a different appraisal. Commissioner Plummer: But he does it for a commission. Mr. Bader: He does it for a commission. Commissioner Plummer: And this letter here, sir, doesn't state where this property is located that you're even asking for the loan. Obviously 9628 N.B. 2 Avenue in Miami Shores, Suite E, is not the property you're asking for. Mr. Bader: No, correct, that is the address of our office. Commissioner Plummer: Now the letter from... Are you Mr. Bader? Mr. Bader: Yes. Commissioner Plummer: The letter from Sun Bank, sir, is the first time I've ever seen a letter issued that doesn't have a date on it. Mr. Bader: Commissioner, I asked the banks when they advised us they were turning it down to please put it in writing, because they usually... Commissioner Plummer: Sir, you understand most letters have a date on them. Mr. Bader: Right. Commissioner Plummer: For some reason, do you know when this letter was, was it recent? Mr. Bader: About six months ago. Commissioner Plummer: About six months ago. Mr. Bader: And I'm saying also, Commissioner, we've applied to Universal, to General Bank, we've gone to at least a dozen banks. In fact, if I may add, the City Manager's Office wrote the banks on our behalf and Flagler Federal, a number of banks, they were all turned down, they never even, in fact, many banks didn't even respond. Commissioner Plummer: Are there present mortgages on the property? Mr. Bader: There is one mortgage. f 100 March B, 1990 i Commissioner Plummer: On All. three? Mr. Bader: On all three buildings. Commissioner Plummer: And who holds that first mortgage? Mr. Bader: Atico bank. Commissioner Plummer: Atico, so this letter from Atico was not; the original, this was for a refinancing. Mr. Bader: No, what occurred is that the people bought the first three buildings and they financed it through Atico. When they completed rehabbing the buildings they then decided to buy the adjacent building which was roach infested and deteriorating and they went to Atico, said, "OK, now, we've done a good job here would you help us on the next door building?" And they said yes and they gave us a commitment. So they went ahead and bought the building... Commissioner Plummer: No, that isn't what this says. Atico Savings Bank is pleased to inform you that a first mortgage loan on the above referenced property and improvements have been approved. Mr. Bader: Correct. Commissioner Plummer: Subject to the following terms... Now, you're saying they did not grant this loan. Mr. Bader: They granted the .loan, they just didn't close on the loan. They closed on the first loan. Commissioner Plummer: And they're the mortgage holder on the first which are all three properties. Mr. Bader: Correct. Commissioner Plummer: And how much is that mortgage? Mr. Bader: $208,000. Commissioner Plummer: Is that the remaining mortgage? Mr. Bader: That is approximately. Commissioner Plummer: What equity is left in there? Mr. Bader: On 1801, 1805, the appraisal as a year ago - and I'm sure it's probably higher now - was $465,000. On 1229, the appraised value is $130,000. Commissioner Plummer: On all three? Mr. Bader: On all three it is $495,000. Commissioner Plummer: Four ninety-five. Mr. Bader: Five ninety five, excuse me. Commissioner Plummer: And you have a remaining mortgage as of - this doesn't tell me the date. What is your... How much was your mortgage, two hundred and eight? Mr. Bader: Two hundred and eight. Commissioner Plummer: OK, and what is the remaining amount of your mortgage? _ Mr. Bader: I would say probably the same because interest is... it is probably close to the same thing, $208,000. Commissioner Plummer: So the bank only holds an equity position of 208. Mr. Bader. Correct. But the property has appreciated. In fact, that loan was 80% of value at the time the loan was given and now the properties have 101 March 8, 1990 appreciated to where the property value is $5';,,000. And the (,-.t.her biO lding, in fact, Commissioner, is appraised at. $190,000, there is only & $25,000 mortgage on it. And with plenty of equity and good credit every bank in town has turned it. down. And that is why we are here. Commissioner Plummer: Do you want to defer it until you can go look at it? Is that what you want to do? Mayor Suarez: I think she wants to also put a lot of impetus behind the idea that the City should find a solution to this kind of thing. it is a perfect one. Commissioner Alonso: Definitely. Mayor Suarez: You know, the unsafe structure standard, if I remember correctly, correct me if I'm wrong, says that if something costs more than 50% of its value to fix it then you can demolish it. In many, many cases, it is not clear whether it costs more than 50% of its value but besides that, as the Commissioner is pointing out, if you find other resources that make more sense in a structurally sound facility to bring it up to Code and to make affordable housing available we can pursue that avenue. But somehow it has to come through the Commission instead of coming through the administration which is where it belongs. Mr. Rodriguez: My understanding is that the administration has been trying to work with this gentleman before and ... Mayor Suarez: Well, we don't see any roadblocks so why isn't it resolved? Mr. Rodriguez: Because they haven't received the loan from the bank, they haven't received any funds from the bank. Commissioner Plummer: No, here is a letter from the City trying to help. Mr. Rodriguez: The City sent letters to other places trying to support him, they didn't receive any loans from the bank. Mr. Bader: We received... Mayor Suarez: Let me say this, a lot of times our respective offices are made aware of applications to try to improve a particular site, multifamily rehab, a HUD grant, whatever, and we can help you with it. We can help you by making sure the administration is responsive to you, by making sure that you've got all. the right documents, etc., etc. That may or may not have happened in this case, don't hesitate to call Commissioner Alonso on this particular case - let me pass the buck over to her - and all of us really. Mr. Bader: I would like to focus on two things... Mayor Suarez: Well, no, now we're focusing at this point. Anything else, Mr. Assistant City Manager, before we entertain a motion here? Mr. Rodriguez: My understanding is also that the gentleman has been advised to work with the Housing Department but apparently he hasn't found any program in the Housing Department.... Mayor Suarez: He just stated, he actually stated that this is multifamily rehab... Mr. Rodriguez: ...to his satisfaction. Commissioner Alonso: Why not? Mr. Bader: Well, because when we originally went there, when we acquired the properties, they made a determination that it was not economically feasible. So again... Commissioner Alonso: Well, according to this letter from Mr. Herb Bailey, it seems that they can work with you and there are programs that they can help this gentleman on this case. 102 March 8, 1990 ,.- Mr, Hepburn: Again, you know, our contact with Mr. Bider tip to this ;point, at least over the last two or three months, have only been phone calls. You know, I need him to come into the office, I need him to sit down and fill out an application and go through the steps. Commissioner Alonso: Great. Then in this case, I suggest that we instruct the administration to meet with these people tomorrow and try to work out a program to the satisfaction of all parties involved so that this property can be rehabbed and everything resolved. Mr. Bader: Yes, I would .like to make... Commissioner Alonso: But I'd like you to work with the Housing Department as to find a program that is feasible to your needs and both parties have to be in the position as to work together in order to find a solution. I think time is running out on you too. Mr. Bader: Wait a minute, may I ask you one question? Mayor Suarez: Vica-Mayor Dawkins. Vice Mayor Dawkins: Will somebody in the administration, anybody tell me what the guidelines are for making the loan? Does the guidelines say that before the loan is made there must be revenue to pay off. the loan and that you must be able to demonstrate that the you can rent these units and that in the area the comparable rent is and that it will meet that criteria? Mr. Hepburn: You're correct. Vice Mayor Dawkins: Thank you, that's all. Mayor Suarez: OK, do we have that in the form of a motion, Commissioner? Mr. Bader: May ask one... Mayor Suarez: Wait, wait, wait. Did you make a motion to refer with all of the recommendations that they move quickly and effectively and hopefully successfully on working to improve these properties? Commissioner Alonso: Yes, and try to find a solution to improve and resolve the problem with this. Mr. Bader: Could I ask one question? Mayor Suarez: Wait, I want to see if we get a second. Vice Mayor Dawkins: I second it. Mayor Suarez: Seconded. Commissioner Plummer: It's got to come back here, right? Mayor Suarez: Oh, yes. Mr. Fernandez: Point of information, Mr. Mayor. Mayor Suarez: I mean if it involves spending, I mean if it is just a matter of connecting him up to HUD funds or anything else, sometimes it doesn't come back here. Do you have any problem with that motion? Commissioner Alonso: Yes, if they can find the answer of a program he qualifies, no. Vice Mayor Dawkins. If he got a problem with it, I withdraw ray second today? Mayor Suarez: I mean that's the problem. That's the problem, you see, we're trying to help with this, I mean what other relief could you possibly want a today? Mr.. Bader: OK, it is for the up front fee that is required to find out whether it is economically feasible. The City charges a... 103 March 8, 1990 vice Mayor PA k ins : i hAt.'s not.... h�tt. p clorn' i want tha bus iness , g: nil . . . Commissioner PlumrnQr: Sir, you'ro telling me you got $595,000 worth of property and you're applying for a loan and you don't have $1,000? Mr. Bader: The thousand dollars, believe it or not, is trying to pay utilities now. We have twenty vacant apartments, Commissioner, that's what is causing the problem. Commissioner Plummer: Sir, I've got to tell you if you're in such bad financial condition that you can't afford the thousand dollars, I would really have some serious reservations about loaning you money. Mr. Bader: Well, that is the reality of the situation right now. We have been trying to... Commissioner Plummer: You have offices in Miami Shores in a suite of buildings and you can't afford a thousand dollars? What are the assets presently of B & B? Mr. Bader: The B & B assets are the buildings. Now, I personally... Commissioner Plummer: Sir, what are your assets in the bank presently? Mr. Bader: In the bank? Commissioner Plummer: Yes, sir. Mr. Bader: In the bank probably enough to pay the mortgage and to pay the water bill. Commissioner Plummer: That's it. Mr. Bader: That's it. Commissioner Plummer: ,And you have no other corporations which to draw from. Mr. Bader: That's right. Now we have been trying for over a year now to maintain the building to Code, to contend with the violations, pay the utilities, keep the rents low... Commissioner Plummer: I don't know how you're going to pay us back if you don't have any money whatsoever to pay a thousand dollars, how in the hell are you going to pay a mortgage of 1207 Mayor Suarez: Sir, we are not going to continue an argument over a thousand dollars. The administration has jurisdiction up to $4500, if they think that something is worth doing. Now, let's reflect in the motion that if, in fact, they think this is going to be the one obstacle that is going to keep this from happening they'd better figure out a way to solve it or they'd better call her office or mine or any of the Commissioners because we'll dig up the thousand dollars. I, like Commissioner Plummer, have a hard time believing _ that, but for a thousand dollars, you would have had this problem solved, because I just can't believe that. But we're going to give them instructions to within their authority, figure out a way to make this work if it can work. If they come back and say, "Not only does he not have the sufficient assets, but this is just not a realistic project or whatever or he's not cooperating with us or whatever, then that is the best we can do. That's the tenor of the motion, Madame Commissioner? Commissioner Alonso: Yes. Mr. Fernandez: Just a point of information to make sure that the Commission understands as well as the gentleman that the legal proceedings which otherwise have already commenced by way of unsafe structure and code —ti enforcement... Mayor Suarez: Nobody is stopping those at this point.. -� Mr. Fernandez: They proceed as they go already with their due schedule dates and everything elsa. 104 March 8, 1990 Mayor Right, hilt. I hnps that as those proceedings pr.oceod, yo,J're proceedings to try to figure out a way to eol.ve this proh:ierm proceed even quicker because you have plenty of administrative discretion to move very quickly on solving what Commissioner Alonso has pointed out seems to be a very worthwhile project, from her perspective, and possibly from that of the rest of the Commission. So I mean it is a race to the courthouse, a race to see who proceeds faster, however you want to look at it. Mr.. Rodriguez: Mr. Mayor, we will put every possible effort from the administration's point of view to try to work on this but this is a two way street and we need the same cooperation from the applicants. Commissioner Alonso: Oh, definitely! Definitely! Mayor Suarez: Yes, and thatmeans not scheduling meetings for Monday, as we do here. Tomorrow morning at nine you start wiring into the right City offices and get support from the top. Don't just let them refer you over there, if at the level of the Manager's Office they don't help you occasionally, you call the Commissioner. I'll tell you her number right now on the record, 579-6005. Commissioner Alonso: Yes, they have, Janet has been working with them. Mr. Rodriguez: For the record, you know, the Manager's Office has been working with this gentleman before. Commissioner Alonso: Yes, Janet has been working with him. Yes, I know. Mayor Suarez: And the Assistant City Manager and Planning Director who we like to see doing more planning and a little less of the other kinds of things he does. Commissioner Plummer: Long live the Red Cross. Mayor Suarez: OK, we have a motion and a second. Any discussion? If not, please call the roll. Vice Mayor Dawkins: I withdrew my second. Mayor Suarez: I second. I think J. L. seconded. Did you second? If not, I'll second it. Somebody call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption.: MOTION NO. 90-213 A MOTION REFERRING BACK TO THE ADMINISTRATION, REQUEST RECEIVED FROM REPRESENTATIVES OF B & B PARTNERSHIP TO DISCUSS REQUEST FOR A LOAN CONCERNING PROPOSED REHABILITATION OF BUILDINGS AT 1801-1805 N.W. 2 COURT, 1755 N.W. 22 COURT, AND 1299 N.W. 1 COURT, IN OVERTOWN; FURTHER DIRECTING THE CITY OF MIAMI HOUSING AGENCY TO MEET WITH SAID INDIVIDUALS AND TRY TO WORK i OUT A MUTUALLY SATISFACTORY AGREEMENT THAT WOULD GET i THIS PROJECT STARTED; AND FURTHER DIRECTING THE CITY MANAGER TO WORK WITHIN ESTABLISHED PARAMETERS IN TRYING TO RESOLVE THIS ISSUE, AND TO REPORT BACK TO THE CITY COMMISSION. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre _ Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. 105 March 8, 1990 COMMENTS MADF DURTNG ROI..L CALL: Commissioner Plummer: For the fact it is going to come back here I've got great reservations of a company who is asking for a $120,000 loan that doesn't have a thousand dollars. I'm going to vote yes to let it come back to here but we'll make the final determination. But to me, on its face, it is a damned bad loan. R COMMENTS MADE FOLLOWING ROLL CALL: Mr. Bader: Thank you very much. --------------------------------------------------------- NOTE FOR THE RECORD: At this point, Agenda item 34 was withdrawn. --------------------------------------------------------- 44. DISCUSSION CONCERNING REQUEST FOR APPOINTMENTS TO BAYFRONT PARK MANAGEMENT TRUST. Mayor Suarez: Item 35, Bayfront Park Management Trust, what, appointments do we need to make, Commissioner, if any? Vice Mayor Dawkins: Hold itl I move that this be deferred. I need some more information. I can't understand how you would put Arthur :sill, a black off and you don't have no blacks on there and you come up with something else. Commissioner Plummer: Whoa, what do you mean there are no blacks on there? Commissioner Alonso: Yes, they do. Vice Mayor Dawkins: I say you didn't replace a black, that's what I said. Commissioner Plummer: Oh, oh, that isn't what I heard you say. Vice Mayor Dawkins: I'm trying to equal, I want more and you're reducing. That's my problem. OK? Mayor Suarez: No, no. Commissioner Alonso: May I make a suggestion? I have a suggestion here for a woman and she is black. Mayor Suarez: OK, that fulfills a lot of criteria around hare. Commissioner Plummer: What happened to Athalie? Mayor Suarez: Do you want to try to make a suggestion and Ira respond to it, whether today or at a later time, if the motion to defer carries? Commissioner Alonso: Yes. Commissioner Plummer: Wait a minute, now, just for the record here, as I recall, Athalie Range is black and a woman. Vice Mayor Dawkins: Right. Commissioner Alonso: Yes. Commissioner Plummer: And she is replacing an Anglo. Vice Mayor Dawkins: Where? Commissioner Plummer: Mrs. Maritza Gomez Montilio. Now unless Mrs, Range has changed her gender,.. Vice Mayor Dawkins: Well, I'm trying to gain one, I'm not trying to keep it equal. I want to add one. 106 March 8, 1990 AOL �omn�issl �n!�r Plummer; OY, i don't hnve no problQrn with that. birt I hnf-1 n =_ problem with your stntemQnt. Vice Mayor Dawkins: OK, well, I'm trying to gain one. Commissioner Alonso: OK, and I know you have a vacancy and I'd like to make a suggestion that we name Bobby Mumford to that vacancy and I have here a resume. Mr. Ira Katz: Commissioner Plummer, just for the record, Maria Williams is a black replacing Mr. Arthur Hill. He is a black attorney in downtown Miami. Vice Mayor Dawkins: Who? Commissioner Plummer: Mario Williams? Vice Mayor Dawkins: Mario Williams? Mr. Katz: Yes, he is a black attorney. He is also on the Hispanic Heritage Board and a number of civic boards in the City. Vice Mayor Dawkins: Oh, he is a Hispanic. Mr, Katz: He was born in Costa Rica and he is black, sir. Vice Mayor Dawkins: So I'm getting two for one. Commissioner Plummer: Boy, I tell you I never thought we'd come to the day where on appointments to a board we've got to have blood tests. Vice Mayor Dawkins: I'm doing all right, if it is two for one I have no objections. I withdraw my objection. Commissioner Alonso: All right, how about Commissioner Alonso's suggestion, Ira, can you work that or do you need to bring it back to us after the Board has voted? Mr. Katz: If you want me to bring it back to the Trust I'd be glad to do that. Commissioner Plummer: All right, how do you want to handle it, J.L.? Commissioner Plummer: Yes... Commissioner Alonso: I really think, and I'd like to say this for the record, I don't have any representation in that board, I think it is fair that this person is recognized, I'm sure she will do a great job. I have here her resume, she is an active member of our community and I very much would like to see this person appointed to this board. Mayor Suarez: And I'm sure there are people who have not been coming to all the meetings. Commissioner Plummer: I assure you that it will be taken to the board at the next meeting. Commissioner Alonso: Bobby Mumford. Mayor Suarez: I'm sure you can find vacancies in there. Vice Mayor Dawkins: Mario A. Williams, born May 2, 1957, Limon, Costa Rica. So he is a Hispanic, he's not black. Commissioner Plummer: He gets two. Vice Mayor Dawkins: No, no, no. OK? Commissioner Piurwuer: What do you get, your choice? 107 March 8, 1990 Vice Mayor Da.wkin4: No. I. have r.o problem, but qee, but I Rot t.WO for one. He's a black Hispanic, hiLOI? Mr. Katz: Yes, he is, sir. Commissioner Alonso: Miller, if he comes and he goes like this it might be that you see that he is black. Commissioner Plummer: And he speaks... Vice Mayor Dawkins: Chinese. Commissioner Plummer: He speaks Chinese and he is Jewish religion. Mayor Suarez: That's right, he practices the Jewish religion too. All right, how do you want to handle it, J. L., do you want to take back the recommendations? Commissioner Plummer: Hell no, I wondered how I got on that board. Vice Mayor Dawkins: That' right, because you don't know what you are. Mayor Suarez: Let's take it as a motion of principle that we would like to see this suggestion by Commissioner Alonso, bring back all the nominees for final approval at that point. Do it quickly because I have a feeling you're probably going to have a tough time bringing all your members to have a quorum and so on. Commissioner Plummer: We've had that problem since day one. Mayor Suarez: That is typical of many of these boards. 45. PERSONAL APPEARANCE BY REPRESENTATIVES OF ROSS PHOTO OFFSET PRINTERS, INC. - REGARDING REQUEST FOR INCREASED POLICE PROTECTION AND REQUEST ENFORCEMENT OF THE CITY'S LOCAL PREFERENCE ORDINANCE CONCERNING PROCUREMENT OF GOODS AND SERVICES. Mayor Suarez: Ross Photo Offset Printers, are they here? Give us your name and address, please, ma'am. Ms. Diannah Ross: Diannah Ross, 11301 S.W. 70th Avenue, Miami. First of all, thank you for the opportunity to put some of my concerns to you. Ross printing has been in business for over 40 years, always in the northwest section of Miami and at our present address on N.W. 36th Street between First and Second Avenue for most of that time. We have endured ,increased costs of licenses, taxes, insurance and operating expenses. My neighbors have entrusted me to request that the Commission afford us additional police protection. Nobody is listening. Vice Mayor Dawkins: Yes, I am. I am. Ms. Ross: Thank you, it is difficult for me:. Our street is so vulnerable, it is really hazardous to get in and out of a car. Pocketbooks are stolen, I've had a lot of repair work done where we've done some reconstruction of our building, I'm not here to ask you for any money, I just want to be protected so that the investment that I am making in the City of Miami is protected. We're so vulnerable that we just put up an air-conditioning system and we were advised that we'd better put barbed wire around the top of it on the roof or by morning the copper wiring would be gone. Commissioner Plummer: No, no, the whole compressor. Don't laugh, they are stealing compressors off of roofs. - Ms. Ross: Sir, I am not laughing, I know what is being stolen, I spend my life there. 1GS March 6, 1990 Mn7or S:.:arp.z: `=fa.'am, let me a4k :+ qI:Pe-lon. What is the closest- mini- or substation to your facility? Ms. Ross: I haven't the fcggiest idea. Mayor Suarez: OK, Lt. Longueira, we're going to do a little test hare, emergency broadcasting system, see if the decentralization effort is beginning to work or not. What is the closest mini or substation to her business? Lt. Joe Longueira: The one at 2511 Biscayne. Mayor Suarez: Do you know of the existence of that mini. -police station? Ms. Ross: I have no occasion to call. Mayor Suarez: Would you familiarize yourself with that? Who is the supervising officer over there that she can... In addition to the presentation you're going to make today, not an exclusion of it, that she can address her concerns and give additional input and suggestions and request additional surveillance, etc., etc. Lt. Longueira: Mayor, Major Gibbs is the commander of that district and he has been working with her. Ms. Ross: Right. Lt. Longueira: I believe on this issue. Ms. Ross: Right. Mayor Suarez: Mr. Manager, it would be immensely helpful, and I am not an expert in the field, I think I may reflect the Commission's view on this, if every mini and substation in the City of Miami had an identifiable supervisory officer the people would know as the person in charge during normal working hours that they could address their suggestions and complaints, then you could still come to the Commission, of course, you have a right to do that. Ms. Ross: I have done that, sir, I have already spoken with Major Gibbs on a -- couple of occasions. Mayor Suarez: Well, Major Gibbs has the whole City, see... Ms. Ross: Well, he's been very cooperative. Mayor Suarez: You should know the person at that particular, and I'm not going to tell him to do that because I guess we can't technically, but I'm going to suggest it emphatically as I have recently In a memo, that there be an identifiable supervising officer at every substation and mini -station that people get to know in the neighborhood. OK? Go ahead, Ms. Ross: Having become acquainted with this person will be a delight to me but will that afford me any additional police surveillance day and night? That street, that area, I want to know that 'there... Mayor Suarez: Well, sure, if it is close to you you can go over there and say, "By the way, let me tell you what has been going on the last couple of days," and that kind of thing, I mean it is that much closer to you, it's not a walking beat which a lot of people are requesting. Ms. Rosa: That's what I would like. - Mayor Suarez: But it is gelding in that direction. Ms. Ross: OK, now the next issue. The City of Miami is purportedly pouring millions of tax dollars into targeted depressed areas and we are doing just _ that - we are personally. Our current investment of half a million dollars in improvements and our purchase of a two and a half million dollar printing press reflects our intention to remain. Those of us who have invested our money and our very lives should certainly be rewarded with loyalty from the City of Miami and on that note, may I also express my concern over the ambiguity of local preference ordinance resolution 87-679 whereby a local contractor may be awarded a contract if the bid is within ten percent of the 109 March 8, 1990 lowest bid. That. shoui.d be ampnded to read "will be, will bp," wp should be _ given preference. That is only part of It. Furthermore, itwo'.11d behoove the Commission to note that there are hundreds of comnmercial printing companies in the City of Miami. There is no reason that 1 can think: of why the City of _ Miami should seek bids at Dade County and Broward County to compete with us when we're paying the taxes. We pay taxes, we are paying so much more in taxes than our competitors in Dade County that when we bid against them, in - order to be competitive we make less of a profit on a job in order to get the - job and to find out that number one, bids are going out to the County and out - of the City of Miami, is not understandable to me. OK? Please consider the - _ plight of those of us who have not given up and abandoned the City of Miami, moving our businesses out of the City of Miami, as some of us have. You know it would create more of a depressed area. We're trying desperately to stay _ here, survive, make a living support the 35 families who we have in our - - employ, some of whom are black, some of whom are Hispanic. We want to = survive. We need help. We need protection and we need the right to be _ exclusive bidders on City of Miami printing jobs. Commissioner Plummer: You can't do that, ma'am. Ms. Ross: Why not? Commissioner Plummer: You can't do exclusive, exclusive City businesses, but you can't be a given company, then that's not a bidding procedure. Ms. Ross: I'm not asking for myself. I said I don't want to have to compete against Broward County and Dade County when there are bids for printing within the City of Miami. Commissioner Plummer: How will we know if your bid is not 20% higher if we don't have something to compare it to? Ms. Ross: Higher than who? Commissioner Plummer: Than any other person who would want to bid. Ms. Ross: You have hundreds of printers in the City of Miami. I'm willing to compete against them. Mayor Suarez: On the issue of local preference, we have built into an ordinance a 5% preference. Commissioner Alonso just asked for that to be included in every single bid that comes before us to be sure that a local company is or is not the one obtaining the winning bid, the recommended bid. Now, if you would suggest that we have more than a 5% preference, you may make that argument, but we do already have a 5% preference. Ms. Ross: I'm making the argument. Mayor Suarez: You want more than a 5% preference? At that point do the citizens of Miami have a right to complain that we're spending ten.or fifteen or twenty percent more because we are trying too much to go for a local company as opposed to Broward? Ms. Ross: Excuse me, I'm not making myself clear. In order to compete against Broward County or... Well, I don't know about Broward, but Dade County, I know about Dade County, we are paying so many more tax dollars. When we bought a printing press some years ago for about $380,000 our personal _ property tax bill the following year was an additional $12,000. We have to add that thousand into our bidding against Dade County where they don't have that. They don't have that tax. So why, when you're looking for bids - I'm not saying on purchase of a tractor trailer, maybe there are only two vendors in the City of Miami, but when you have hundreds of printing companies within - the City of Miami, don't you trust us well enough to let us bid against one another without going outside the City? Mayor Suarez: No, what we do is we give you a 5% preference, but we don't _ want to go much beyond that because it is going to get a little expensive for US. Mr. Vice -Mayor. Mr.. Fernandez: Mr. Mayor, a point of information, it is 10% according to the Charter. 110 March 8, 1990 Rocg: Tt 14. Mayor Suarez: Thank you. 10%, we can't really go higher than that, not for my vote. vice -Mayor Dacakins wants to inquire or make a statement. Vice Mayor Dawkins: You know, I am one of the ones who sit here and constantly say we have to use City of Miami. businesses. Now you talk about 5%, you talk about 10%. But just like she's not glued to the location where = she is, she could very easily move into Dade County and she could still compete for the City of Miami business and not have to go through this. Commissioner Plummer: Yes, but her crime wouldn't be any different. Vice Mayor Dawkins: See, right now, I'm not interested in her crime problem as much as I am trying to keep her here to keep the economy and give me a tax base with which to get some revenue to do some things in the City of Miami. That is my biggest concern right now. Commissioner Plummer: I agree. Vice Mayor Dawkins: That's why I said I'm not buying automobiles for the Police Department from nobody but a Miami car dealer or Dade County car dealer because the money has to remain in this economy. Now, I don't know whether it is legal, Mr. Plummer, I don't even know if we can do such a thing as restrict our bidding to the City of Miami but at least we can find out ourselves what the job is and we can say that we are going to put out this job and we have estimated it to be X dollars and anything above it is out of compliance and then they get the 1O%, they're in the ball park. Mayor Suarez: Do you want to address that, Ron, and give us any other suggestions on this? Go ahead. Mr. Ron Williams: Mr. Mayor, I did want to advise you that we in our Graphics Division, have worked with this vendor on many occasions and I would say that she is a fine printer and has done good work for us. Ms. Ross: Thank you. Mr. Williams: In anticipation of this, I did a bit of analysis in the terms of the amount of work that her company has been provided through my office, and just a brief analysis shows that in excess of 30% of all activity over the last couple of years has been through this company. Of 40 purchase orders that I looked at 15 of them - and through the competitive process - had been provided to this company. Minority firms as a whole 54% of the work. So she has competed in accord with the present policy through my office and has won a substantial amount of jobs. On two or three occasions, my information shows me we have given her emergency work because she has prover. over the previous work that she does a good job and we were under the impression that through the competitive procurement process she was fairly receiving a tremendous amount of the work that we were bidding out. Ms. Ross: Well, that's news, I mean I didn't realize that. Vice Mayor Dawkins: Thank you, Mr. Williams, so we can dispense with that. Now, Mr. Manager, or somebody, tell me what do our policemen do who cruise around in vehicles? Because here is an example that there is no visibility. In my neighborhood I don't see one often enough and with their duty to cruise, we should have policeman visibility city-wide either in a vehicle or on a motor. So now somewhere along the lines we have got to find a way to better utilize these vehicles to get the exposure that would sort of give her and her customers a little feel of security because they know the police will go round and round and see one every eight hours. Now how can we do that? Commissioner Plummer: You know, I was just pulling the stats for January and February, she's in twenty sector., right? Lt. Longueira: 36th Street, no. She'd be in thirty. Commissioner Plummer: That's even worse. Let me tell you your problem. You know someday someone is going to come with a realization that our Police Department is doing a damned fine job. ill March 8, 1990 Vice 11,nyor T>auakins : PJo, e; Prvhody kno69s thst . Commissioner Plummer: OK. And yet people seem to forget, in my estimrtxon and this is my opinion, where the problem is. I am told, if incorrect, I stand corrected, that 82% of the people that we arrest have been arrested for the same offense previously, and yet they're back out on the streets. Let me just tell you, ma'am, so you'll know the sad real reality, and I'm quoting from the stats of the Miami Police Department. In your sector in January of 1990 there were 270 break-ins in ,just your little sector, or nine a day. In your sector there were 103 armed robberies. For the entire month there were 525 in all sectors or roughly ten a day. House break-ins averaged 45 houses a day or businesses which were broken into. I'm talking about the total area. I'm talking about all the City. OK? I'm also talking about in the month of February in your area there were 119 robberies and 183 places broken into. Now, what I'm saying is, excuse me, I'm not talking to your directly. When are we as elected officials going to do something and say to the courts we don't want these known bad criminal people back out on the streets? Commissioner Alonso: Let's do it now. Let's do it right now. Commissioner Plummer: Now something has got to be done when we had in this City - Joe, last year am I wrong? -approximately 26,000 places broken into in this City alone. Am I in the ball park? Lt. Longueira: Probably, sir. Commissioner Plummer: We had 13,000 people of our citizens last year that had a gun, a knife stuck to their head for a purse snatch, a chain snatch - of which my daughter was one. OK? When are we going to say enough is enough? Now, I've been trying to say this and I'm trying to say to some people around here that something has got to be done because yours is not a perception it is a reality. Ms. Ross: Sir, may I just make a point on what you're saying? Commissioner Plummer; Wait, let me go just one step further just so you know what I'm saying. The man who owns Y` and Bowery called me, Mr. Manager. He has a tenant who a week ago they went up and stole the air conditioner compressor. He called me back day before yesterday to tell me they went back and got the other compressor off the roof and with the damage done within seven days it is costing hire $22,000. Joe, you correct me if I'm wrong, in this City of Miami, just the City of Miami, there are thirty automobiles stolen a day. Am I right or am I wrong? And yet it is the same damned people that are doing it over and over and over. Now, I don't know what we as a Commission, Mr. Mayor, Mr. City Attorney, Mr. Manager, there is an obvious breakdown but we cannot any longer stand here and have these legitimate complaints, we get them by the dozens over a telephone, and not do something. What can we do? Ms. Ross: May I speak? Commissioner Plummer: No, I'm asking my high priced help. Mayor Suarez: The Vice -Mayor wants to answer unless anyone else... Commissioner. Plummer: Well, I asked a question, I was hoping I could get an answer. Vice Mayor Dawkins: OK, I'm going to help try to answer it. We sit here and we have complained and, in fact, I have been commissioned by this Commission to go and talk with Janet Reno. I have talked with her about keeping people in jail and she has explained to me that it was not her fault. She took me to see the Chief, we went and had, a meeting with the Chief Judge and they told me that they are not going to keep a burglar and a prostitute in jail and release a murderer or a rapist. They also are under a court order of reducing the population in the jail which works against us. So I don't know, Commissioner Plummer, where else we can go because we have been, as you know, we have been to the Chief Judge, we have been to our States Attorney and yet, as you say, not only do they get out, we arrest them, they get bonded out and they're out on the streets and they commit two or three more crimes before they go to trial, Conunissioner Plummer. 112 March 8, 1990 Commissioner P?umrner: Welt, let mp xck, T.'m not a lawyer. Mr. Fernandez: Yes, sir. Commissioner Plummer: Am I incorrect in which I was told that a person who appeals for bond or applies for bond on a criminal offense, there are three criterias that must be met: One, that he is not presently out on bond. Two, that he is not a danger to himself or the community. And three, that there is a reasonable assumption that he will appear. The one I'm speaking to primarily is the first one. Is that a criteria or not? Mr. Fernandez: I believe it is. Commissioner Plummer: Then why isn't it enforced? It is not being enforced in Dade County. Would you inquire and so inform this Commission? If I'm wrong, I'd love to be corrected but I know of a guy we caught on Tigertail the other day that Is out on four bonds all for breaking into houses which we caught him of that day. Now where in the hell are we going to say to the people who elect us, 13,000 last year that had a gun stuck in their head, a knife or got beat in the side of the head - last Sunday in my neighborhood directly across from his house, the Manager's house, was one of the four break-ins in my neighborhood. Last week on one given day in Bay Heights we had three purse snatches at three different times of the day. We cannot sit by and let this continue. Vice Mayor Dawkins: I want everybody to know that those people do not discriminate. Commissioner Plummer: They sure don't. Vice Mayor Dawkins: They don't just go in J. L. Plummer's neighborhood, they in mine also. Commissioner Alonso: And in mine too. Vice Mayor Dawkins: And yours so you hear J. L. say this happened in my neighborhood - it is common to the City of Miami. Commissioner Plummer: I'm giving you that what I know for a fact, Miller. Vice Mayor Dawkins; You know for a fact that they're breaking in my neighborhood too, because I told you. Commissioner Plummer: Well, I know that because you told me so. Vice Mayor Dawkins: All right, OK. Commissioner Plummer: Mr. Manager, I don't know what we can do. I am not going to sit here, one thing I'm not going to do, I am not going to sit here and let my Police Department who in my estimation is doing a good job, catch hell for the problems that are existing. Mr. Odio: Commissioner Alonso had asked legislative priorities to see as far as the prostitution is concerned, if we could get a mandatory state... Commissioner Plummer: We'.t got a mandatory, five years ago this Commission passed an ordinance which we were told we could do. Let me remind you ... Commissioner Alonso: Yes, but this is a law in Tallahassee that will carry much more effect in the courts. Commissioner Plummer: No, no, my dear, excuse me. It is a local ordinance, go back and pull the record, if I'm not mistaken the first offense was 15 days, the second offense was 30 days... Mr. Odio: That's not been happening. Commissioner Plummer: Sir, that was set, we were told by this Commission that we could set minimum standards. Am I correct? The third offense and after was 60 days. It's not happening, we know that. 113 March 8, 1990 Mr. Odin: If thit i.c the case sae havo to find 01" if a local ordin?ncA ha4 mandatory... Commissioner Plummer: It- was mandatory minimum sentences and the courts... Mr. Fernandez: In the criminal system it would have to be enacted or passed in Tallahassee. To criminalize an activity only the State Legislature can criminalize and impose that type of penalty. Commissioner Plummer'! Well, look, I understand... Commissioner Alonso: That's why I have It as a legislative priority because we need to change that but also, Commissioner Plummer, when we started on this lady's address to this Commission, she was talking about visibility in the neighborhoods. Ms. Ross: Thank you. Commissioner Alonso: And I'd like also to address this problem. Our Police Department might be doing an excellent job, but also we need more visibility in the neighborhoods. In my own neighborhood I've been working with the City Manager, Chief Andersor, Chief Walter Martinez, Commander Fernandez, we have met in the last month I think about four or five times. In the block where I live we have had in the last month over ten different incidents from cars stolen, broken windows, air conditioners taken, you name it, we had that. It is incredible. We have been working on that and I don't know what else we need to do, but also it is a fact that in that neighborhood we don't have any visibility from the Police Department. I have asked specifically that they drive sometimes through the area to see if they can help us because if they don't we might have to hire private police protection because we need to do something and I have addressed this with Chief Anderson and with Commander Fernandez and I'm sure this is not a special situation it is the same thing that happens in other areas of the City. As a matter of fact, the area of Shenandoah is going to have a meeting March 14 or 13 in order to discuss the problem of what is happening in Little Havana it's happening, it's happening in Overtown, Liberty City, Coconut Grove, everywhere. We need more police visibility and I think when a policeman is on the street in a car it is lonely or walking it helps the situation but we don't see that that often. Commissioner Plummer: Mrs. Alonso, just for your information, last month in your sector there were 163 break-ins, there were III purse snatches or chain snatches and 46 armed robberies in one month. Commissioner Alonso: Yes, in one month. Commissioner Plummer: It's just one sector out of eight. Ms. Ross: May I speak, please? Mayor Suarez: Any final statement, ma'am? We have an idea of the problem, we don't know that we have all the solutions but make a final statement, please. Ms. Ross: Part of this problem that is really annoying me is that I know these statistics, I live it every day of my life. Mayor Suarez: We do too, as is evidenced. Ms. Ross: OK, fine. On the other side of the tracks, the better side of the tracks it seems Designer Row, Decorator area, they have police patrolling all the time - footmen. I have to hire a private guard to make sure that my customers get from their car to my door. Mayor Suarez: Where are you finding these walking beats? Ms. Ross: Along 40th Street... Miami Avenue to Second... Commissioner Plummer: The Design Sector. Mayor Suarez: We used to have a mounted patrol, we have a little cart now? Lt. Longueira: I believe we have mounted patrol sometimes and they're on foot. 114 March 8, 1990 F0 0- Ms. Ross: Yes, I would like some on my side of the tracks. I want to see something that will. encourage customers to come to my door. OK? Thank you very much. Mayor Suarez: I think that the request and demand for foot patrols is pretty widespread through the City and I want to alert the Manager to, in addition to the comments being made here by the Commission and by yourself, ma'am, to a memo that I have just written him again on that same issue to see if we can pry loose more officers for foot patrols throughout the City. It is a demand everywhere we go and we have now figured out a way to decentralize them a little bit so that we have six or seven substations and/or mini -stations, which is why I asked if you were familiar with the one in your neighborhood. But we have to go beyond that, we have to somehow get them to be more visible and I know they love and they believe and they have analytical support for the concept of patrolling in a high speed automobile with very very effective radio communications is the best way to patrol. This is the current thinking, the conventional wisdom, let's say. But somehow it isn't having the impact on crime and it is not what people thinks works best and sometimes government has to bypass a little bit what the experts tell us and go with intuition and with what the public is requesting. OK. Thank you for your testimony, ma'am. 46. GRANT REQUEST FROM REPRESENTATIVES OF "INFORMED FAMILIES" TO ENDORSE THE "JUST SAY NO (TO DRUGS) WALK" - REFER REQUEST FOR POLICE AND SANITATION SERVICES TO MANAGER. ------------------------------------------------------------------------------ Mayor Suarez: We've got all these kids out here and they don't even have space to sit down and we wouldn't want to ask you to let all these little children that are back there, about 30 have your seats. Is this item 40 controversial in any way, can we just not take this up so they can go back to their school? Commissioner Plummer: Mr. Mayor, I've worked out item 40, it is all worked out, all we need is just to say no but we need to say yes and I'll move the item to be approved. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded, any discussion on item 40? Commissioner Plummer: The police and sanitation will be worked out by the Manager. Mayor Suarez: If not, please call the .roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-214 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS IN DOWNTOWN MIAMI DURING THE JUST SAY NO INTERNATIONAL CELEBRATION TO BE CONDUCTED BY INFORMED FAMILIES OF DADE COUNTY, INC. ON MAY 10, 1990, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE, AND INSPECTION SERVICES; TRAFFIC FLOW AT THE PORT OF MIAMI ENTRANCE AS A PEDESTRIAN CROSSING; FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES IN ADVANCE AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) "! Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: �� 115 March 6, 1990 1* 0 AYES: Com_missionpr Victor DQ Yiirrp Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 47. DISCUSSION CONCERNING LOCATION OF A SOUP KITCHEN AT 641 W. FLAGLER STREET (HOT MEALS PROGRAM ORGANIZED BY BROTHER HARRY - CAMILLUS HOUSE). Mayor Suarez: Item 37. Mr. Leonard Turner: My nacre is Leonard Turner, 811 West Flagler. Street. I'd like to ask Commissioner Plummer where these people that are doing these crimes live. Are they homeless or do they live somewhere? Commissioner Plummer: No, doctor, you and I have been friends for years and you've pounded on my mouth for years and I'm going to tell you the truth of the matter is no, they're not•. Most of them are mobile, unfortunagely - they steal a car to do it, but they're mobile. Mr. Turner: All right. Now then this puts me between a rock and a hard place, because to speak against the homeless is like speaking against motherhood and Americanism, but I think all of us agree that we are sorry for the homeless and are in sympathy with the homeless. However, we have had the homeless with us since the beginning of time. They congregate in the large cities where they can find food, where they can beg and where they can steal for their existence. The thieves, drifters, homeless created the thieves market - called the flea market on the west bank of the Seine in Paris hundreds of years ago. It is a very famous homeless hangout. In the past two or three decades we have watched the death of downtown Detroit. We have watched the death of the Loop in Chicago. We have seen the degradation of Lower Manhattan and Brooklyn, New York. Here in Miami none of you will walk unescorted through our Bicentennial Park which is a beautiful park, our Bayfront Park or our Jose Marti Park which is in my neighborhood because you would be afraid of mugging, panhandling or being caught in some type of a drug reaction. Now there is a proposal. Oh, one thing. Around our new multimillion dollar City Arena, there is a whole area of slums. Now then, there is a motion or a proposal to take part of the people that create these slums and when these people congregate, no matter where it is or in what city they create a slum are unwittingly maybe, uncaringly maybe but they do create a slum. Now there is a motion to take some of the people that created the slum around the Miami Arena and divide them to take them to another part of the city and thereby create another slum. This proposal was instigated or at least aggravated by the developers of a development that knew what was there when they bought the property, and I'm going to quote, they wanted to upgrade their community by splitting this slum and taking some of the people from Camillus House and shuffling them out into some other part of the city. I would quote directly from the Miami Herald, January 21, 1990 the developers said "the homeless weren't a big selling point." The proposal was made through their attorney to the Soldiers of Cross Church, that in return and again this is a quote "in return for several thousand dollars the church would furnish and set up a soup kitchen to feed two to three hundred daily." For this the church would have no expense for the food or for its preparation. If this true, if this is true, the church is operating a restaurant and it should be taxed as a restaurant and licensed as a restaurant. A representative of the Mayor's office walked the street with me several weeks ago and was visibly shocked by the filth, the vandalism and the evidence of theft that he saw in a three block area, along Flagler Street from South West 5th Street Avenue to South West 8th Avenue. He saw closed abandoned buildings, he saw window bars and chains where people are trying to minimize the theft and the vandalism. What's going to happen to this area that is already depressed if you dumped two to three hundred to five hundred more, call them homeless if you like or drifters, into this area. Where will they go to the bathroom? Question, 116 March 8, 1990 where ca ll. they go to the hathroom? Where will tliey got their. wpter7 Where will they get their wine and their beer and their crack? And I'll. guarantee toy they get wine and beer and crack. What do you think is going to happen to the few remaining revenue producing tax paying businesses in the area? What: we, as tax paying residents in this area are asking, number one, is that the life and rights of a community be considered as much as the right of a few, relative few individuals. We ask that the city continue to plan with its development westward along Flagler Street to the west edge of downtown Miami and we ask help in preventing the death of Flagler Street. In the past ten years, there have been at least twenty one businesses in a three block area that have folded. Some of them have taken their revenue and their tax dollars to other communities. Some of them have gone bankrupt and quit. If this kitchen is allowed to open in this area within a very short time the only thing that would be left would be the soup kitchen and the Soldier of the Cross Church which is surrounded by a 10 foot high fence because they don't want the drifters on their property. We ask that the City Commission consider all of these points and consider the plight of the poor taxpayer, thank you. Pedro Gonzalez: I am Pedro Gonzalez my business address is... Mayor Suarez: Wait a minute, wait a minute. Commissioner Plummer: Let me try to maybe short circuit this cause nobody knows better than I what Dr. Turner has just stated for the record and I was out at 14th Avenue and I had to close my business because I could not stay open because of the environment. God know the police department tried to do as much as they could to keep it safe in the area. We are right next to the church and they could not and I wound up having to sell my business because I could not exist there, so I am a victim you might say of what has transpired. Mr. Mayor what I am trying to say and maybe cut short, I had and as I explained to you earlier this morning, a very fine discussion what I felt was with the Director of the Camillus House, Brother Harry and he is here present and of course can speak for himself. One of the criteria which I put forth to him of an area of settlement was in fact just this location. Brother Harry explained to me that he would try and see what he could do to relocate that facility. Now I don't think that there is really any more that we could do today than ask, or accept the spirit of cooperation that he will try to find a site away from this problem area where it is. Now Brother Harry, I don't know if you are in a position to cant to say that on the record, but I think that if you do, I that think you are going to get a lot of people as you did with me yesterday converted from fighting you to being in your corner. And I don't know what else we could ask of the man who came forth and said that he would make every effort to try find another location. We understand that wherever this goes there is going to be some opposition, but my statement to the newspaper last night was that knowing what the East Little Havana Development Authority has been trying to do, that I was opposed because of the fact that it did portray, at least portray, a negative, and I don't think that was needed in that particular area. So I think that if, if Brother Harry will have to speak for himself but I think that if he were to express that to you now as he did to me yesterday, that he was willing to try and find another location, I don't think we could ask any more than that, I think we would all be big winners today, if he wants to say that, and Brother Harry I am not trying to put you on the spot, but I am just saying that if you want to, say whatever you want to say, please. Brother Harry: Thank you Commissioner. Can you hear me? First of all, I'm very pleased to see the representation here from Little Havana. I can appreciate very much your fears your concern and all your questions and I probably would do the same thing if I was in your shoes and I understand that and I am rather proud that you are all here. Probably more than proud that you are all here because it shows me that you are looking at a lot of issues and there are some hard issues that we all have to look at so congratulations for your turn out, I think it's admirable, very admirable. We had some very fine meetings with the Commissioners and we are seriously looking at a site, an alternate site so I would like to allay that fear. By the way, Camillus House, the entire Camillus House was never planning to move into east Little Havana, not by any means, not by any means. As a matter of fact we met with this gentleman yesterday and several of the other gentlemen and we are going to set up a meeting tomorrow where we can sit down and discuss this whole question and I would like your input, you may have good suggestions that are already in the area that we could be looking at that we may not be aware of, so I would endorse and encourage your help to help us find another site close li7 March 8, 1990 at hand hecAmc;e the penpl.R >e wp.re 1noir..inp, Al, serving arp already i�r t.kiai. _ area, we had no Intentions of bring_ng into the area anybody but. we were looking at serving the needs that are already in East Little Havana area so... Commissioner Plummer: Just for the record, Mr.. Mayor I had suggested now you might not find this acceptable but this was my suggestion the.c there were some places that were vacant at the present time over on the rive: by the Salvation Army of stores that are no longer being used and I sugge;t.ed that Brother Harry look over ir. that area. I think it would disturb tho least amount of _ people, keeping in mind, I don't care where you go, there is going to be some opposition but I don't think that it should be and I expressed to him on Flagler Street. I would hope that the group here today headed by Dr. Turner and the CAMACOL could sit with Brother Harry and try to come up with a more - reasonable site something that could be accomplishing what needs to be _ accomplished but not detrimental, totally detrimental to the area. Mr. - Mayor., if and I am not trying to cut any speakers off, I assume that Dr. Turner is as he always is, was very thorough in outlining the problem but at any time that you wish, I'd be glad to make a motion endorsing a meeting between Brother Harry of the Camillus House, CAMACOL and Dr. Tur.-ner and whoever else wants to attend to try to find, help him relocate out of that immediate area, but you have got to help him find another location so if that's a motion that is necessary I would be happy to do such or whatever else is and I am not trying to cut you off from talking but I really don't know what else could be said because Dr. Turner was... Mayor Suarez: Wait, wait and I am inclined to, I'm sorry Commissioner, I don't know, I just want to add something very quickly that I think is following along the lines of what another Commissioner mentioned in the paper if I read it correctly, was Commissioner Alonso. I think all of us are looking for a system that would never have a high concentration of people. I think the figure she used is 50 to 75. The lowest number of people that we can feed in the facility would be the system that I think the Homeless Coalition is heading towards, the city would like to see, and obviously the people who are already in that vicinity is what makes sense. the don't like to have people transported across the city to be fed, who are homeless and who will then do the kinds of things that you described before. Commissioner, I interrupted you. Commissioner De Yurre: Yes, if I can sense a feeling of this Commission certainly it's one that we would not like to see, that type activity where its being proposed today. Certainly this is not the moment to deal with the issue because there is legal proceeding that we have to go through and I want to deal with that right now so that we can cut that procedure at least bring it before us so that we can make a determination eventually. It is my understanding that in order for the proponents of this soup line, if it's called that, or soup line to be put into effect, they need a special permit from the City of Miami. Is that. correct? Commissioner Alonso: According to the memo, right? Mr. Sergio Rodriguez: Yes Let me try to glue you an answer more complete on this. Mayor Suarez: By the way, you outdid the City Clerk in the cryptic nature of your memo, this was even more difficult to figure out what it says. I read through it and at the end I wasn't sure if it could be done or not done but anyhow maybe you can clarify it. The two of you are in competition for... Mr. Rodriguez: Next time you ask me and I will try to help. Mayor Suarez: You will clarify in person I am sure. Mr. Rodriguez: I will help you any way I can. I gave determination which is an administrative ruling on February 22nd that can be appealed by any party, anybody, and the last day to appeal that determination is tomorrow which is 15 days. That appeal can be made to the Zoning Board and then ultimately to the City Comm.issi.on. Commissioner De Yurre: Well, the appeal is made and you have to go through the process of appearing before the Zoning Board and eventually to the City Commission so I would... 116 March S, 1990 M.r.. Rodt 1gi)�e7,: And th+-n try the City Cnmmission, -,et me f ini.sh onP second, the determination that I r-do if it, is not appealPd by tomorrow it will. be nn administrative ruling that will stand and that recommendation that I made basically established that this type of facility, in association with a church, is not a permitted use in the commercial residential district, the CR district. The only way this would be allowable will be by applying for a special exception and then going to the Zoning Board with a possible appeal to the City Commission and taking into consideration the possibility that this type of facility might have an impact in the neighborhood and an effect on the free flow of traffic on sidewalks and so on. Commissioner De Yurre: So I could be clear and everybody here can be clear, I am understanding you correctly when you are telling me, or what I am understanding that if we do nothing at this point in time by tomorrow if somebody hasn't step forward to challenge your determination then they cannot, N-O-T have a soup line at that location. Mr. Rodriguez: Unless they, anybody else appeal this tomorrow. Commissioner De Yurre: Well, that's what I am saying, if no one appeals your determination. Mr. Rodriguez: The only was they could have a soup line or distribute food for the poor in conjunction with a church activity will be by applying for special exception and going through that whole process. Commissioner De Yurre: And if they do appeal your determination then they will appear before the Zoning Board and then eventually they can be brought before the City Commission and we would make the final determination. Mr. Rodriguez: Right, and ,you will make a final determination on whether the determination that I have made if I may repeat the word, was correct or not.. Commissioner De Yurre: So then by us not acting on it today, that is the proper procedure as far as what this group here wants which is for them not to have a soup line. Commissioner Plummer: Yes, but do you see Brother Harry's smiling over there? He just... Mayor Suarez: The status --quo is that they cannot do it at this particular point. That's what the Commissioner is asking and therefore by not taking any action other than to consideration of their concerns we are preserving, the status -quo Commissioner Alonso: Yes, but the point is, we better address this issue in the proper content because most likely, by tomorrow this decision is going to be appealed and then what's going to happen, so... Commissioner De Yurre: Then it will come before us. Commissioner Alonso: Exactly, so let's address the problem as it should be. I had a very fine meeting with Brother Harry and a group of people who are very concerned about the homeless situation, also with merchants of the area - and by the way in response to some of the signs, "Where are our Commissionersl" Working for you, trying to find a solution to the problem. I am sure most of the people doing here, at least I have and they want, trying to find a solution to this problem. I think that unless we really address the problem, we will not find a real solution. Tomorrow we will appear again and in 10 days or 15 days and within a month we are going to be faced with the same problem and maybe will not be in relation with a church. It will be in relation with who knows, a restaurant or what have you, I don't know and in order to avoid that I think we have to face this problem. And as I see it, this is a problem that whenever there is something that they want to resolve, usually people think in two areas, Overtown and Little Havana. Usually these two areas come to mind immediately. I guess the feeling is in these areas people are going to take whatever, they have enough problems, therefore, who cares! One more problem it's not going to make a difference. Well I think that those two areas have had enough of the share that., they can assume in this community. I think that this has to be done in ways that everyone gets a little bit of the burden. Maybe if we have a small group here and a small group there and I'll be very pleased to see that not only the City of Miami 119 March 8, 1990 cBrriPq on P l it.tlP bit of this problem because it'q not only oiir: It belongs to Dade County. And maybe some other people, caring people of all the communities might be willing to take a little bit of the problem and not only in Little Havana. The number that's been mentioned before for soup line that was going to be served in. Flagler, and the solution is not to find another place not in Flagler, but perhaps in 8th Street or in 27th Avenue or in 37th Avenue. It's going to be a difficult problem regardless of the location. So the point is, they been talking about 200 people. We know that the intention was much more than that because I sent inspectors into the property clay one and there were tables in place and they had enough space to serve about 500 people. Can you imagine the situation right there, 500 people? It is serious. Now we are facing the problem. I am sure we are not going to receive 500. I am sure we are not going to receive 200. But I think what are we going to do with these people? Where are we going to feed them? What is going to be done? It's not going to be the disappearing act, so we have to face reality. How do we do it? And maybe if we decide that it's going to be small numbers in different locations, I don't see why the people of Little Havana can receive 200 people and the people in Coconut Grave cannot receive 50. I think it should be in equal terms. Maybe it should be 50 in. Coconut Grove, and 50 in Coral Gables and 50, in other areas and everyone gets a little bit of the problem and then the situation will be resolved. A small group and maybe if we all face reality world maybe it doesn't' have to be 50 maybe it's only 25, and we can even be successful and start resolving a serious problem and addressing the mental problem that these individuals have, drug addiction, mental problems and then trying to resolve the problem because it is not only to give them food, it's to provide so many other things in order to resolve the problem. And I very disappointed to see that it's only the problem of the City of Miami when we see that it's according to the regulation is the problem of Dade County. But Dade County do not face reality and then we see that Seattle, Washington has received 10 million in a grant in order to help the homeless but us, we have not received not even 2 million and I wonder why. Maybe because we have not taken a stand as to say, this is a problem of the entire community and let's face the problem and perhaps now is the time to address this and I am not one to say if we don't take any action, the problem will disappear because that's not true. The problem perhaps, according to the memo that he wrote, it will disappear today, tomorrow but it will come back to us and maybe will not be 641 West Flagler but it will be 1415 8th Street or it's going to be 27th Avenue or it's going to be some other location and it's going to be exactly the same problem. No one neighborhood can receive 200 people no one area can receive 500 people so the problem is the same. If the area in downtown cannot continue to sustain the number of people, the homeless in that area because it is affecting the new construction, well, I want you to know that the same problem exist in other areas of the city. We want to develop Little Havana and Overtown and Liberty City and some other areas Allapattah and Wynwood that has been mentioned as another location. We want all of those areas to improve as well, therefore we have to respect the new construction in those areas so let's think of very small group of people, something that will be really be the people from the area because I have to repeat myself and say as I told to Brother Harry, I don't believe that the 200 or 500 are living in Little Havana right now. I don't buy that idea. I think they come from other areas as well, I know that they don't belong to Little Havana, and if even they do, they have to spread around so a real solution could be found to the problem and I think that by really facing the problem perhaps we will resolve it. `— Commissioner Plummer: Mr. Mayor, two things. Number one, I just asked the Administration, this Commission went on record, at I think the last meeting, to tell Dade County who is in charge of welfare that either they are going to do the job which they are not doing today, or give us the money for which the collect from our citizens and in spite of that, if they don't, we are going to _y file a lawsuit. Now, when is that 60 days up? Mr. Odio: I notified the County Manager two days ago that he's to give us an - answer on the homeless, so I guess it would start from, two days ago, the 60 days. Commissioner Pluirlimer: OK so in other words, if we don't get an answer that is what we feel is legitimate... Mr. Odio: We will file a lawsuit. 120 March 8, 1990 Commissiioner 'rl_imimer-: then within 60 days the laA7stil.t will be filed against the County. Mr.. Odio: Yes, sir. Mr. Fernandez: Before we file a lawsuit, we have to follow a prescribed method. Commissioner Plummer: What is the prescribed method? Let's don't beat around the bush, let's do it. Mr. Odio: Let me put on the record what I wrote him. It says, "The Miami City Commission on February 7, 1990 passed motion 90-129 which reads as follows: 'A motion requesting Metropolitan Dade County to come before the City Commission and demonstrate that they are addressing the problem of the homeless; further stating that if within 60 days, the County has not adequately demonstrated that they are addressing said issue, the City of Miami will be forced to institute a lawsuit to force the County to face and assume its responsibility." Commissioner Plummer: And what is the date of that? Mr. Odio: This was dated March hth. If it is convenient for you, I will set aside time for your representative on the April 12, 1990 City Commission agenda in order that the County can address the issue of homelessness in the City of Miami. Commissioner Plummer: Well, that's almost what we said. Second of all, in my discussions with Brother Harry yesterday, I can tell you that he was agreeable on the so-called satellite areas of which they would feed to limit it to a hundred. He spoke of that, I didn't offer that, if we could offer that. And I guess as a matter of humor, I'd like to bring up one more time that the Biitmore Hotel in Coral Gables is just gone into receivership and I think that would be an excellent place. We could give Coral Gables their share. ,lack Eads won't speak to me for a week, but... well, here again, I think this group of people have demonstrated in the past that their willingness to help. I think this time it's your willingness to help yourself and I think that if you were to get together with Brother Harry and go and help him find another location, I don't think he would object to another location. I will tell you that immediately I am now thinking that I would want you to go look in the area on the other side of the river between Flagler Street South, because there is no residence. In that area, it's mostly parking lots. You know what I'm talking about from Captain Tom's Fishery - South? There are absolutely no residence as a matter of fact, it's 90 percent if I'm not mistaken, parking lots, so that might be an area to explore. He has given his word that he has a willingness that he would be glad to explore moving and with that, I think we can accomplish something. Commissioner Alonso; Ah, ah, but Commissioner. Plummer and then you are thinking in that area that, of course, it's true parking lots and vacant area but very close to some areas of Little Havana. Again, the proximity is tremendous, but my question is, how many people, how many in that location everything that is downtown, hundred, what do we do with the rest of them? Commissioner Plummer: Excuse me, in the settlement which he brought to my office which was not official but unofficial there were five locations, five different locations only one of them on Flagler Street and approach that little particular area, four... OK... Commissioner De Yurre: how many of those four are in the City of Miami? Commissioner Plummer: They all were, as I recall, yes, yes, that's the thing. Commissioner De Yurre: You see, that I have a problem with that. I think it's time that you know, Kendall? Commissioner Alonso: Yes. Commissioner De Yurre: And Coral Gables and Hialeah. 121 March 8, 1990 APE Commissi.or.nr. Pl.e.:mmer: Oh, 1 urhol.eheari_edl.y nuon— Commissioner Alonso: Yes. Vice Mayor Dawkins: Key Biscayne. Commissioner De Yurre: Wsll, you know it's, Key Biscayne, you know, it's.... _ Commissioner Alonso: Let's face it, when people go to downtown, they go to their. offices. When they go home they don't want to see picture of things that are ugly and poverty, it's ugly and homeless, it's not a fine picture to see. So they want the problem to remain in someone else's neighborhood and not ours so really it's not fair and I don't want this problem to go to one neighborhood. I want it to be divided in very small groups so as no one will have to suffer a serious, serious problem. Commissioner De Yurre: Florida City, Homestead. Mayor Suarez: OK, any last statements because I think the Commissioner is about as much on the same wavelength as you could possibly be and further, we have yes, Esteban, can you introduce all the petitions into the record by giving them to the City Clerk? Yes, we will let you Pedro. Wait a minute, wait a minute. Do you want to have him introduce them or do you want to say into the record what they contain? Mr. Pedro Gonzalez: I'll do the presentation, let him. My name is Pedro Gonzalez, my business address is 100 N.W. 12th Avenue and rust for the record, we don't want to be perceived as a bunch of insensitives because we do recognize the rights and the needs that these individuals have. And as opposed to being part of a problem, we want to be part of the solution. We are willing to sit down with Brother Harry and the rest of the Camillus Group to be able to reach something that's workable and acceptable to both parties. The only thing that we want to make clear is we can not allow an operation of that type to go in an area where it will impair the efforts that we been incessantly for years and years working with this Commission's help in enhancing and for the betterment of the area. That's just not acceptable. Commissioner Plummer: We agree, sir. Commissioner Alonso: We couldn't agree more. Mayor Suarez: All right, thank you Pedro, thank you all of you for your involvement. Ma'am, you want to make half a minute statement? You say you have a solution to all of this and I'm going to give you thirty seconds to — state it. Mr. Esteban Torres: OK, my name is Esteban Torres and I am a businessman from the area and I give to you more than three thousand signatures from the businessmen and residents of the Little Havana, we are opposed to having Camillus or dining room in the Little Havana area. We have enough trouble. Thank you. Mayor Suarez: OK Esteban, thank you for all your efforts in Kittle Havana. Ma'am, last statement. Ms. Olga Marti: Good afternoon, my name is Olga Marti sponsor, coordinator of the homeless in the street. Everybody knows what I work for the homeless, what I work in Overtown, what I work all over. I protest for putting the Sun Dining Room in Little Havana. I have the solution. Some Church from 200 Street, the name is New Hope Church. This church is the name for homeless church. This church is coming every Sunday for this disgusting the Camillus house, Sunday is a day of God and they never give a full Sunday and the some protestant people, I have nothing problem for the protestant, for this is creel and they do not give a full Sunday. Either these people have license for homeless and these people is working for the homeless every Sunday and these people is supposed to do bring the homeless over there for these people collected too much money for homeless and I tell them that not only the homeless need... I tell Ms. Miriam, they not only need food, these people need jobs, these people give a hand and these people give for church, not for business. I appreciate too much, no give permission to put in Little Havana. When cannot eat dinner in Little Havana and dessert in Camillus or Camillus eat dinner and Camillus eat over there. This disgusting Camillus, a thousand people, is true. 122 March 8, 1990 11 Mayor Suarez: Ma'am, where do you live? You didn't state t Ms, Marti! I live at 1615 Pennsylvania Avenue in Miami neacn ana mx amr ueacn now, I have some groups of people that give food every day and now, and the Mayor and nobody likes the homeless in Miami, and the police, everybody say that homeless in Miami. I don't know when you are tell... put, you like... heh? Help me for support me for my dining room in Miami Beach. Work, sister., work on, everybody, but I saw this, I like the homeless... Mayor Suarez: We'll make sure that, there is a center for feeding homeless in Miami Beach also because we want to treat all of the areas, you know, fairly. Thank you for your presentation. Ms. Marti: No put for the homeless, help the homeless. Help for the homeless persons too. This is disgusting what happened at Camillus House. Represent a couple of people and no like me prayer inside at five fifteen. I stand there over there, I asked for a piece of bread and don't give a piece of bread for the homeless. This is what kind the Catholic people help you. Thank you, God bless you. Mayor Suarez: God bless you too. OK, last statement, sir? Mr. Herbert W. Abramson: Herbert W. Abramson, I maintain my law offices at 634 West Flagler, immediately across the way from the Soldiers of the Cross. Since it's been announced that there's going to be a soup kitchen there, our neighborhood has been infiltrated with a great number of the homeless that are anticipating this. On behalf of all of the residents and businessmen in our area, we would like to invite you to come to our area at any time of the day and see these people. Just this morning I was panhandled by one that I have just noticed coming into the neighborhood. As I was driving over to the Commission at 3:10 I had the unfortunate situation of having this panhandler that I saw running with somebody's purse and almost ran in front of my car. What has happened is and this is something, and I sympathize with Brother Harry in trying to find a location. Nobody wants it in our backyard syndrome is present throughout no matter where you go. I had it with my drug rehabilitation center. The problem is that we must deal with this and we must take them away from areas that they are going to panhandle, that they are going to wait for their meals. They are going to know at 5:00 or wherever it is that they are going to get a meal. And what they are going to do the other twenty four hours? They are going to hand around, they are going to panhandle, they are going to commit crimes. So on behalf of the residents and businessmen of Little Havana we would like to invite you to Flagler Street at anytime that you see f.it and see what it is. You can come in back of my law office, which is now I guess known as the Flagler Street latrine because that's what it is, in back of there. My clients are panhandled, they are harassed, they are afraid to come here as at the rest of the residents and business people. We would like to see you come down to Flagler and you will sae what we are talking about. Thank you. Mayor Suarez: Thank you sir for your statement. Thank you all of you for your involvement, suggestions, etc. 48. GRANT REQUEST BY REPRESENTATIVES OF 'SPLIT SECOND TIMING' FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE CPA 104K RUN/WALK. Mayor Suarez; Item 38, split second timing, street closures another run/walk... Unidentified Speaker: Not closures, we are not closing them. Mayor Suarez: You're notclosing, what do you need from us? Unidentified Speaker: We are requesting to you... Mayor Suarez: The blessing, we give to you, Unidentified Speaker: OK, great. 123 March 8, 1990 Mayor Suarez: Go and do whatever it is you want to do that's goad. UNIDENTIFIED SPEAKER: OR, great. Commissioner Plummer: No, no, what are you asking? Unidentified Speaker: We are asking, we are putting out, not going to close the street, we're just using the streets. Mayor Suarez: Do you need anything from the Commission. I£ not a street closure, what do you need from us? Unidentified Speaker: I was just told that I needed to come in here and get a resolution that we could do it. Mayor Suarez: Does your Manager have any idea what he needs or, what we can do or not do for him? Mr. Odio: I thought he need a street closures. That is why he's here. Mayor Suarez: Did you want just sort of like the approval. because you want to begin at one place and go on the sidewalk or something, is that... Unidentified Speaker: We are beginning on South Bayshore Drive and we are going down Main Highway to Devon and then Avocado... Commissioner Plummer: But you are on the street. Unidentified Speaker: ...we are on the street but we are not closing the streets. Commissioner Plummer: Sure you are. Mayor Suarez: You closing a lane of the street? Unidentified Speaker: we are using the streets but when I met with the police they said we don't have to close them. When you say closure you know you're blocking off... Mayor Suarez: All right, it's like a lane I guess. All right is this recommended by the administration? UNIDENTIFIED SPEAKER: Right, we're just using a lane. Commissioner Plummer: But wait a minute, when is yours? Unidentified Speaker: Ours is the 14th and it's going to be at 7:30 in the morning and... Commissioner Plummer: Say, this is another one, why through Coconut Grove? Mayor Suarez: Because it's beautiful at Coconut Grove. Commissioner Alonso: Everybody loves Coconut Grove. Commissioner Plummer: Yes, but the residents down there love their street too and they are not going to be able to use them, that's the problem. Unidentified Speaker: I understand, they just asked me to put it on. Commissioner Plummer: How does your event relate to Coconut Grove. Unidentified Speaker: Oh, I've been running here since 1960 and that's where I used to run. Commissioner Plummer: You see, there are so many other areas that you could go into. Unidentified Speaker: I don't disagree with you. Commissioner Plummer: Bicentennial Park would be a perfect location. 124 March 8, 1990 LJ Unidentified Speaker: I zander.stpnd. Commissioner Plummer: Well. let me tell you, I'll vote for you this time but next you got to get another location. Mayor Suarez: We are going to tighten down it sounds like on the Grove at the request of Grove residents that don't want so many events at the Grove. It's get to the point that you have a saturation I guess. Commissioner De Yurre: J.L., you know, if you are opposed to it, you oppose it now, why wait until next, year? Commissioner Plummer: Because they have already probably got it scheduled, that's the problem. Commissioner Alonso: No, it's not fair. Mayor Suarez: All right then in which case I'll entertain a motion from anybody either way for this year at least. Commissioner De Yurre: J.L. raises hell and then gives in, I don't understand this. Commissioner Alonso: Yes I move. Mayor Suarez: Moved for this year. Ill second. Vice Mayor Dawkins: Call the roll please. Commissioner De Yurre: This is going on Thirty Seventh Avenue & Douglas by any chance? Unidentified Speaker: No, we, just go to Plaza and then we turn around and come right back. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-215 A RESOLUTION CONCERNING THE C.P.A. 104K RUN/WALK TO BE CONDUCTED BY THE FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS SPLIT SECOND TIMING ON APRIL 14, 1990; APPROVING THE USE OF CERTAIN STREETS; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW, SUBJECT TO THE ISSUANCE OF PERMIT BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Reluctantly, yes. 125 March 8, 1990 RZI COt3MENTS MADE FOLLOWTMG ROTA, CALL- �_ Mayor Suarez: By the way, where it says C.P.A. here, does that mean C.P.A. In the usual sense of the word? Unidentified Speaker: This is, the race is for the Certified Public Accountants of Dade County, Florida, and it's to benefit Louis Davis who is _ the first black C.P.A. and it's for him. _ Mayor Suarez: OK, we have heard... Commissioner Plummer: That's a constant pain in the.... Unidentified Speaker: Well, the I.R.S. will be there that day and they are having a drop off and you can actually drop... Mayor Suarez: Right, we want the I.R.S. to be particularly encouraged to run and tire themselves out. Unidentified Speaker: They will be there. They are the split timers. Mayor Suarez: We heard today from the Dade County Bar Association and now the C.P.A. and let me tell you, one... Commissioner Plummer: Next we are going to hear from the Correction's officers. Commissioner Alonso: Ah, yes. Mayor Suarez: ...possibility, how about the media? I'll like to see the, they are lower on the list of how people respect profession. You know the media is the very lowest, lawyers are close to the bottom and politicians are just about there. Really, seriously if, if I would suggest in the future that the C.P.A's and the lawyers and everybody else come with something to offer, contribution, pro bono help, something, money, plans, using City facilities, professionals making good money. All right... Unidentified Speaker: That is fair. I agree, thank you very much. 49. GRANT REQUEST FROM REPRESENTATIVES OF METROPOLITAN DADE COUNTY, FLORIDA, ART IN PUBLIC PLACES - FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE ORANGE CELEBRATION FESTIVAL. Mayor Suarez: Item 39, street closures. God, another street closure. Metropolitan Dade County, Florida Art in Public Places. Commissioner Plummer: Oh, Metro Dade County is asking. That's the one that doesn't give us any money for the homeless, Dade County. That's the one that doesn't pay for the bridges, Dade County. Ms. Vivian Donnell Rodriguez: Small street, small street. I am Vivian Donnell. Well, ;emu got to talk to a different department. I've got to take all the abuse for Dade County? One tiny, little department... Mayor Suarez.: Not all the abuse, we have more for Dade County but just a little bit of it. Go ahead. Ms. Rodriguez: Olt, well we will be here a long time. My name is Vivian _ Donnell Rodriguez and I'm with Art & Public Places. We are Sponsoring an Orange Celebration Festival in connection with the dedication of the Aldenberg Sculpture that is being installed at Open Space Park adjacent to the Metro Dade Center and we are doing a, basically a free public festival and tentative... =a Commissioner Plummer: Move it. Mayor Suarez: So moved. Commissioner Alonso: Second. ' 126 March 6, 1990 A s Mayor Suarez: Wait_, it is going your. Wa.y co f.qr. Any di.sciission? Tf not., please call the roll.. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-216 A RESOLUTION CONCERNING THE ORANGE CELEBRATION FESTIVAL TO BE CONDUCTED BY METROPOLITAN DADE COUNTY ART IN PUBLIC PLACES TO BE HELD MARCH 31, 1990, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Good-bye; sin no more. 50. DISCUSSION REGARDING CITY OF MIAMI POSSESSION OF THE PAN AMERICAN AIRWAYS` ARTIFACTS (Museum Memorabilia, Terremark, Medina.) Mayor Suarez: Item 41, Pan American. Commissioner Plummer: Here we are again. Mayor Suarez: Who do we hear from on this? Commissioner Plummer: Up in the air, junior! Mayor Suarez: Was there not some... Mr. Price, before you... Mr. Manager, did we not ask for a little bit, I think J. L. asked for a little bit of research into the interpretation of the grant or conveyance or tendering of these artifacts from the City's standpoint and if so, if it was done, what conclusions do you have as to the intent of that conveyance for lack of another word. Mr. Fernandez: From the documentsthat we have been given over the past several weeks and we have been getting them, perhaps piecemeal. It continues - to be our opinion that the artifacts were given to the City. That there was a gift intent, that all of the elements necessary to constitute a gift, which is —� a promise, and actual delivery of the thing itself, had been accomplished in the absence of a clear agreement, written agreement between Pan Am and the -= City and there is none. There perhaps are letters and there have been communications that the City and Pan Am were to have entered into an agreement over... that must have been four or five years ago that those promises were made. Such an agreement has never been officially entered into. In the absence of that agreement and given all the things that have happened which is the promise, the appearance here, the statements made on the record and the actual delivery of the artifacts, it is our opinion that the City is in -i 127 March 8, 1990 possession of those art.ifar"t.s. Wa have f.tirther ••^ommlini.catpd rit.h Pan Am in New York and they have confirmed to l_is a5 recent as yesterday afternoon that they do not have anyone offi.ci.a.11y representing or speaking on their behalf in. regards to the artifacts, because we tried to confirm with them whether the gentleman that has appeared and that perhaps is appearing here in front of you this afternoon is in fact an official, representative of Pan Am, empowered by them to make representations and they have confirmed to us that they are not. We have also, to make the record complete, began, or. engaged Pan .Am in New York, in a discussion about the artifacts themselves and whether they had intended to give them to us as a bailment or whether they intended to give them to us or not, and we are in the process of resolving that, so we looking at some time in the future, arriving at a written agreement with Pan Am. Not withstanding, Pan Am in New York expressed to us... Mayor Suarez: I'm not sure, personally, that's a good idea and maybe the Commission ought to express :itself on it, if indeed you are telling us that your interpretation is they gave an outright gift may be more relevant to what we do with these artifacts to hear from people in this community, than to hear from Pan Am itself, but anyhow, for whatever it is worth... Vice Mayor Dawkins: Mr. Mayor, I'd like to read from a letter Maurice Ferre sent and it was the 5th of May, 1984 and in this letter, Maurice says: "I would like to request that Pan Am designate personnel who are knowledgeable in museum matters to take exclusive charge of the selection of items and their display. Some of these would become the permanent property of the museum, others would be on loan to the City of Miami." That's what Maurice Ferre said and I was sitting here and that was the understanding that they came in under. So you can interpret that any way you want. Mayor Suarez: I have no doubt about my interpretation, but I'd be interested in hearing yours. I coincidentally had lunch at the Havana Clipper, where these artifacts are being displayed, last Monday with the CEO (chief operating officer) of Pan American, who made absolutely no mention other than the fact that they look very nice, but... yes, go ahead. Mr. George Price: My name is George Price. I live at 100 South Prospect Drive, Miami, 33133. At the last meeting, we had a very brief discussion of this matter and the Commission requested a bit of history so that we could probably get, hopefully get it straightened out as to how all this came about. I've written about a minute and one-half and I'd like... Mayor Suarez: Ok, now, the Vice Mayor ,just read some of the history as to how it was interpreted, at least in that particular point in time, so try not to be repetitive, but he even brought more than just a verbal interpretation, he brought a letter into discussion, which I think was instructive. Go ahead. Mr. Price: That's right, I have that same letter and I was going to introduce it as a document, which... Mayor Suarez: OK, if you want to put that into the record, I think it has been read in, but you can go ahead. Mr. Price: They have a copy for the record. Mayor Suarez: Very good. Mr. Price: I'll read this, I'll read it fast. I don't read long words, so -- this ought to go over very fast. "In 1984 an association of retired Pan American pilots and flight engineers, the Clipper Pioneers, held its annual corrvention in _ Miami. Our local member, thinking that news of this event might be of positive public relations value to the City discussed the ' matter with a member of the Miami City Commission. The — Commissioner agreed to directly set up a meeting with the City of Miami Department of Economic Development. That meeting and subsequent ones did lead to wide and favorable media coverage and many people, Miamians and visitors were surprised to hear and read for the first time that more than 60 years ago with the enlightened support of the leaders of this City, the world's first = scheduled global air transport system was developed. Aircraft and 128 March 8, 1990 D D engine d-qipn, tr-e,,!iniqueF! of long range f 1 1 ght p I n r, -r, t T) 9 „ c rt-T i r- control. and nivlpa.tlnn invented hprp are stlll iisod by the world's airlines. The director of the Department of Economic Development Also told members of Clipper. Pioneers that to celebrate Miami's unique Involvement in this turning point in history, City officials for five years have been contemplating the eventual conversion of Miami City Hall, originally the Dinner Key Marine Air Torminal, into an aviation museum when the City Administration moved into larger quarters, as was then expected. The Department of Economic Development and other City officials asked local Clipper pioneers, a number of whom had actually flown the Clipper ships out of Dinner Key, on proving and scheduled flights, ill they would make their experience and experiences available to the City in their efforts to establish such a museum. They readily agreed to do so and ever since have bean cooperating with the City and its staff to assure the success of this project. They were well aware that the museum, as planned, would be unique in the world community. No other city could truthfully boast of an aviation museum that exhibits its artifacts in the very building where they were first designed, built, tested, and then put in regular service, while internationally renown flights were departing and arriving on Biscayne Bay just outside this building. This museum would be a monument to the key, indispensable role the City of Miami played in fostering the early development of what is now this planet's most widely used form of transportation. As evidenced in the following document, local pilots became the medium to which agreements and other standards needed to move the City's project forward were arranged." And there I list seven documents. I won't go through the list now, because you've got the list in front of you. "In April, 1989, these pilots were appalled to discover that Terremark-Medina had removed valuable, fragile, and irreplacable artifacts from the warehouse, where in accordance with the above agreements, the City was storing them, pending the availability of space in City Hall that the City would set aside for the museum. Terremark-Medina had taken this material to decorate his restaurant. Some pieces now adorn that restaurant. The whereabouts of other artifacts, supposedly in secure storage, are unknown to us." Then there is the second list of documents. There are photographs in there and the photographs are priceless historic material strewn about in a room in Grove Forest Plaza at Terremark Building, that shows shipping cartons ripped apart and protective wooden crates also torn apart. Then there is the list made and submitted to Terremark by Tessi Interiors as to where these items that had been removed from supposedly secure storage, where they would be placed in Mr. Medina's restaurant. There is another letter from Mr. Kriendler of Pan Am to Terremark, to Diaz, stating that the material that has been removed must be returned to the warehouse to the full collection where it originally was and then subsequent to that, that letter from Pan Am was dated the 25th of August. Up to this time, it was more or less unknown to the public that this removal of these articles had been taken and were being planned to be exhibited in this restaurant, nothing to do with the museum. Then a resolution, an agreement, an attached agreement, 89-811 dated on the 14th and the 8th of September, 1989, as part of the, one of the exhibits. After it became publicly known that artifacts had been removed from the City warehouse in order to promote a privately owned restaurant, 89-811, based on erroneous information, or none at all, was enacted. That's about as brief as we can make a statement and the following documents, which are in the presentation that you have there, I won't go through them, I've got them all highlighted, so I think that the pertinent words and statements are easily, quickly seen, and I would like to make only a couple of comments. In none of these documents, at any time, is the word, given, donated none of those words, no words of that meaning are ever mentioned. Vice Mayor Dawkins: Mr. Mayor, while... Mr. Price: And I must say also... oh, I'm sorry. Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: Only thing I'd like to correct is that Terremark did not take the artifacts. The City of Miami gave them to him and I'd like to be 129 March 8, 1990 fair. When yc>u say they took them, it impi i.ed that they calked in and took them, but they didn't v,alk in, the City of. Miaml gave them to them. Mr. Price: That's correct. Mayor Suarez: Let me ask you a question, Mr. Price, having established all of that. Suppose instead of Terremark or Mr. Medina, or any other entity operating that restaurant, it was a City operated restaurant, around and about which we exhibited these artifacts for the general public. Would that create a problem for you? And if so, what better alternative would we have than that, would you propose than that for exhibition of these artifacts? Mr. Price: The artifacts as have been described in every document that exists so far, except... Mayor Suarez: In other words, would you oppose the City building or having a dining facility of some sort where these artifacts are exhibited as part of its, you know, public common areas of that restaurant. Would that create a problem for you, or is just the fact that there is a private entrepreneur that has some dominion or control or supervision of these? Mr. Price: There is quite frequently, if not always, in a large museum, a snack bar, a little restaurant where you can go, a cafe, or cafeteria, or something like that. Mayor Suarez: Don't always have a simultaneous showing of exhibits, that's true, but I don't know if that's the direction your heading. Mr. Price: The museum a separate part of... Mayor Suarez: But I don't know that they are inconsistent, you know. Mr. Price: But the difference is, that they don't call the snack bar a museum. Mavor Suarez: Wbll, but the problem is that we, at the time we took these artifacts had no resources to create this museum. I think this particular Manager was the Manager at the time and I once suggested that maybe some part of this facility, which is where I guess a lot of them were found, could somehow be adapted and I even suggested I think, one of the terraces upstairs that could somehow be enclosed for it, but it would cost money, it would cost climate control, operating expenses, insurance, and all the things that we don't have. For four years, or whatever amount of years it was, they languished in a storage facility where they could have been lost. You know, the City is self -insured. We don't have insurance over that particular storage area and at least now they are insured, at least I think they are insured and if you suggest that we should make sure and ascertain that they are individually insured item by item, maybe that's an interesting and wise idea to request. I believe it is part of the agreement with Mr. Medina that they be individually insured and identified. You know, the insurance company won't• pay you unless you identify each one and try to ascertain a value for it. But in the absence of any other such constructive alternative way of displaying these, the only alternative is to have kept them in storage and to me that is the worst of all alternatives. Mr. Price: I believe at the last meeting one of the Commissioners said that all this stuff was doing was ,just gathering dust down in the warehouse and another Commissioner said that's exact... Mayor Suarez: That's what we understood that they were doing. I mean, I don't know if it is dusty down there or not, but it's... Mr. Price: It's not all clean. Mayor Suarez: Right, that's the worst of all alternatives, to my way of thinking. At least now they are being displayed for people to look at. Mr. Price: The other Commissioner said that's exactly what they are supposed to be doing. They are supposed to be gathering dust. They were all packaged. Mayor Suarez: Which Commissioner said that? 130 March 8, 1990 VICP Mayor Dl kins: M11, 1 Mr. Price: I. think that's right. I'm not going to point any fingers. Mayor Suarez: Anyhow, OK, anyone else want to inquire? Mr. Price: I have a couple more things to say, if I may. Mayor Suarez: Oh, I'm sorry, go ahead. Mr. Price: The question is, what action would we like to see and the only way we can base a decision for that, is to go back into the original documents and read what they say about what this equipment was, these artifacts and where they were supposed to be destined and it. Is so clear that there is no possible misinterpretation of any... there is no possible reason for any other interpretation except that these artifacts were never donated to the City of Miami or to anybody except as it referred to a donation in agreement number 89-811, after it was publicly found out that these artifacts were not in the warehouse where they were supposed to be and secure. So we have no 'Legitimate document to change our minds or anybody's minds about taking that material and keeping it for its originally planned purpose and destination and that actually is right in this building here. Now, that doesn't mean that we're going to physically back up a truck and move you people out. It's up to you, but that is the fact. Commissioner Plummer: In your mind, who is the owner of those artifacts at this time? Mr. Price: Pan American World Airways. Commissioner Plummer: All right now, I'll tell you, we're broaching on the subject, as far as I'm concerned, because I was around here when all this discussion took place before and the big problem was, where were they going to be stored. Mr. Price: That's right. Commissioner Plummer: And I've got to tell you something, at this particular point, since it is not turning out to be what we thought it would be, I'm almost ready to give them back to Pan American. (APPLAUSE) Now, you know... Mayor Suarez: Let me ask you a question, sir, Mr. Price. Are you the same Mr. Price that testified in this Commission on January 23, 1986 on this same issue? Mr. Price: If I was... Mayor Suarez: Do you remember, four years ago, roughly? Mr. Price: I don't recall exactly, but if I were notified that this subject would have been brought up in the Commission_ meeting, I would have been there, believe me, and I wouldn't have been there alone. Also... Mayor Suarez: Well, I have a Mr. Price here, and you could take your time, not necessarily today, but some other time, clarify for me and for this Commission if you were the same one who on January 23, 1986 said, page 129 of the transcript, "I am here bearing gifts, actually," and a little bit further down, "We are not demanding,"... again Mr. Price; "We are not demanding any particular site." I have a distinct recollection of that hearing and I remember one of my brothers on the Commission, I won't want to mention any names, but he sits all the way to my left, saying that he wanted Pan American or somebody to pay us rent for storage of these things. Our attitude: was, we didn't know where to store them. For four years... I don't know if we overruled him, I don't know if he voted for It, because I didn't research this anymore, but four years we decided to go ahead and take them and store them someplace until we could find a place to exhibit them and we did that.. Our understanding and your wording, if you are the same Mr. Price, was that it was a gift, it was for us to do as we deemed fit. We have done that. We think we've come up with a darned good idea and now you have a problem with it. Mr. Price: Let ;rye... it must be me. I don't recall that. particular meeting. 131 March 8, 1990 Mayor Suarpz: Yes, T'in sorry, dirt T misct.atP snything there? Mr. Fernandez: No, there is also something that you should be aware of that the Administration and the Law Department, we have been working in developing an ordinance creating a museum board and declaring this whole area of the Dinner Key Basin, including that location, as well as City Hall, as well as any other building in this general area to become part of a very new concept, which is a museum, a moving museum, where certain pieces would be exhibited in different buildings at different times. Mayor Suarez: And you know, Mr. City Attorney, pursuant of that and in their good intentions, perhaps a conservatory or a conservatorship, where your group would be involved in the particular care of these would also be workable from my perspective. Now, if the Commission wants to change in any way what has been done I guess by the Manager and approved by this Commission in the past, that's always a possibility if we are not infringing on any contractual rights. Mr. Price: Well, any departure... Mayor Suarez: Any... if you want to make any further proposals, I mean, we know where we stand, I think. We have an opinion from our City Attorney. Do you have any other ideas, any proposals, anything you want to tell us, so we can go on with some of the other items? Mr. Price: I do. I have just received a communication from Pan Am in New York. It is the communication that the City Attorney referred to, but he only mentioned one piece of it. I would like to read it. It's addressed to a Vicky Leiva, I think it is, is that the correct pronunciation? Mayor Suarez: Assistant City Attorney, I presume. Mr. Price: Assistant City Attorney, correct. It is dated March 7th, which is yesterday: It says: "Re: Pan American Historic Memorabilia - Dear Ms. Leiva, pursuant to our conversation of this date, this letter is written to clarify and confirm the position of Pan American World Airways, Inc. 'Pan Am' with regards to quote, approximately 3,000 cubic feet of crated material including actual museum exhibits, hundreds of photographs, display cases and other historic exhibits, unquote. (The Pan -Am Historic Memorabilia) a s described in an August 30, 1985 memorandum from City Manager Sergio Pereira to the Mayor and the City of Miami Commissioners. 'It is my understanding that the agenda for the Commissioners meeting to be held tomorrow, March 8, 1990..." I apologize for that. "... includes item number 41 concerning the Historic memorabilia. Please note..." And this is the part that the attorney read. "Please note that Pan -Am will not have an authorized representative present at that meeting and accordingly, I am submitting this latter as Pan-Am's position. 'The Commissioners should be aware that it is the position of Pan - Am that the historic memorabilia was loaned to the City of Miami for the purpose of display in a "museum featuring aviation memorabilia," to commemorate the inauguration of the Pan-Ani Clipper Service of Dinner Key in 1934 as proposed by Mayor Maurice A. Ferre in his letter dated May 5, 1984 to Mr. C. Edward Acker, chairman of the board of Pan -Am. Please note that the historic memorabilia was delivered to the City for temporary storage in a City -owned municipal service building pending establishment of the aviation museum. 'Please also note that it was not, and never has been the intent of Pen -Am, to give, transfer or otherwise relinquish title to the historic memorabilia to the City or to any other party. 'This fact is evidenced by, among other documents, my letter of March 12, 1986 to Mr. H. C. Eads, Jr., Assistant City Manager, in which I state the requirement that the temporary storage facility be secure location, as of course, the historic memorabilia is very valuable to us. In addition, Pan-Am's continuing ownership was acknowledged in Mr. Eads' response of April. 1, 1986, in which he agreed that the historic: memorabilia would be temporarily 132 March 8, 1990 ROM R!Iwp NOR" stc,r.ed by the City for Pfin-Am pendinp, disp.lA.y arrPnaern-nt:s by PAn- Am's intermediAry representatives, the Clipper Pioneers. Title to the historic memorabilia continues to remain with PAn-Am. 'I would appreciate your prompt acknowledgment of the facts presented above. Sincerely, Jeffrey Kriendler, Vice President, Corporate Communications." Mayor Suarez: You know, all I can say is, I wish that I could represent either side of this potential dispute, if it reaches a dispute, because as some of the attorneys in the roorre would tell you, we've got problems of apparent authority here, you may be one of the agents for purposes of the supposed donation, in terms of your testimony in January of 1986. Jack Eads, as an Assistant City Manager, may or may not have had authority to state what he did in that letter and this is going to be a lawyer's bonanza. I don't know that it will come to that and I'm not suggesting that it should, perhaps there is some intermediate solution. For myself, I have a feeling that we would prevail in doing what we are doing with those artifacts right now, which I happen to think is from a public policy standpoint, the most desirable and the only feasible thing that we can do, but the Commission may disagree. Vice Mayor Dawkins: Mr. Mayor. Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. City Attorney. Mr. Fernandez: Yes. Vice Mayor Dawkins: Is the letter that Mr. Price read the same letter that you read the paragraph from? Mr. Fernandez: Yes, it is, sir. Vice Mayor Dawkins: And then did you read the entire letter before you read the paragraph? Mr. Fernandez: No, I did not read the entire letter to you. I did summarize it for you when I told you that I was engaging with Pan Am in discussion relative... Vice Mayor Dawkins: Yes, but why would you pick a part of the letter sir, to have me go along with your reasoning when the rest... and the rest of the letter did not support this? Mr. Fernandez: I don't agree with that decision, Commissioner Dawkins. Vice Mayor Dawkins: No, no, well, I do, OK? Mr. Fernandez: Well... Vice Mayor Dawkins: Well, all right, let me rephrase it. Why would you read something to me that would lead me to believe that the rest of what was read was not in the letter? Mr. Fernandez: That the rest that was read was not in the letter? I have never represented to you that what was read was not in the letter. I did make reference to receiving the letter. I read a portion of it and I summarized the rest for you. Vice Mayor Dawkins: And you read the portion that substantiated your position and you left out the part that substantiated my position. Mr. Fernandez: I beg your pardon, I did not, Mr. Dawkins. No, I didn't sir, the record is clear. I summarized the rest of the position when I told... Mayor Suarez: Mr. City Attorney, the next time that a letter is received that says that this gentleman has no authority to speak on behalf of Pan American or anyone else and that also says that they disagree with our present use of these artifacts, please characterize both aspects of the letter. because I understood it, as Vice Mayor Dawkins is saying, not to in any way, present an adversarial position to ours. 133 March 8, 1990 stc,r.ed by the City for Pfin-Am pendinp, disp.lA.y arrPnaern-nt:s by PAn- Am's intermediAry representatives, the Clipper Pioneers. Title to the historic memorabilia continues to remain with PAn-Am. 'I would appreciate your prompt acknowledgment of the facts presented above. Sincerely, Jeffrey Kriendler, Vice President, Corporate Communications." Mayor Suarez: You know, all I can say is, I wish that I could represent either side of this potential dispute, if it reaches a dispute, because as some of the attorneys in the roorre would tell you, we've got problems of apparent authority here, you may be one of the agents for purposes of the supposed donation, in terms of your testimony in January of 1986. Jack Eads, as an Assistant City Manager, may or may not have had authority to state what he did in that letter and this is going to be a lawyer's bonanza. I don't know that it will come to that and I'm not suggesting that it should, perhaps there is some intermediate solution. For myself, I have a feeling that we would prevail in doing what we are doing with those artifacts right now, which I happen to think is from a public policy standpoint, the most desirable and the only feasible thing that we can do, but the Commission may disagree. Vice Mayor Dawkins: Mr. Mayor. Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. City Attorney. Mr. Fernandez: Yes. Vice Mayor Dawkins: Is the letter that Mr. Price read the same letter that you read the paragraph from? Mr. Fernandez: Yes, it is, sir. Vice Mayor Dawkins: And then did you read the entire letter before you read the paragraph? Mr. Fernandez: No, I did not read the entire letter to you. I did summarize it for you when I told you that I was engaging with Pan Am in discussion relative... Vice Mayor Dawkins: Yes, but why would you pick a part of the letter sir, to have me go along with your reasoning when the rest... and the rest of the letter did not support this? Mr. Fernandez: I don't agree with that decision, Commissioner Dawkins. Vice Mayor Dawkins: No, no, well, I do, OK? Mr. Fernandez: Well... Vice Mayor Dawkins: Well, all right, let me rephrase it. Why would you read something to me that would lead me to believe that the rest of what was read was not in the letter? Mr. Fernandez: That the rest that was read was not in the letter? I have never represented to you that what was read was not in the letter. I did make reference to receiving the letter. I read a portion of it and I summarized the rest for you. Vice Mayor Dawkins: And you read the portion that substantiated your position and you left out the part that substantiated my position. Mr. Fernandez: I beg your pardon, I did not, Mr. Dawkins. No, I didn't sir, the record is clear. I summarized the rest of the position when I told... Mayor Suarez: Mr. City Attorney, the next time that a letter is received that says that this gentleman has no authority to speak on behalf of Pan American or anyone else and that also says that they disagree with our present use of these artifacts, please characterize both aspects of the letter. because I understood it, as Vice Mayor Dawkins is saying, not to in any way, present an adversarial position to ours. 133 March 8, 1990 Mr.. Fprnar..de?: No, no, I wi-l.l have the printed for you and you will see that that .is not the summary I gave of the, letter. Mayor Suarez: OK, we can argue about that forever. Mr. Fernandez: Not withstanding that, as point of reference, in our conversation yesterday with Pan Am, when we explained to them the situation, they assured us that they do not believe that the use to which those artifacts are presently being put to is inconsistent with their original intent in any event. Mayor Suarez: Well, I'm more concerned about the City's position and let me add one other thing that's an important a.egal doctrine, riot to try to act here as the attorney, he's the City Attorney, but it is important from our protecting our liability. We have to have to mitigate damages even we are wrong about the use of these. Frankly, unless the Manager advises me otherwise, and the Commission otherwise, the best and most expeditious thing that we could do with these artifacts right now, at least the ones that are in that restaurant is to leave them exactly where they are for reasons I stated before about insurance, so we would... Unidentified Speaker: Stolen. Mr. .Price: No, no. Mayor Suarez: You know, I would really be disposed to take the other side if you use terms of that sort that imply bad faith on the part of this individual, because we certainly didn't act with bad faith, Ma'am, and you know, your statement on the record, I'm not going to put it on the record. Anyhow, I just can't imagine from our legal standpoint doing anything better and more judicious than what we're doing, in any event, while you resolve this and as Vice Mayor has just told me, I think we ought to put that on the record at least, that Mr. Medina and his company and so on, would I presume, be interested in trying to negotiate with you something if indeed Pan American intends to take any legal action, which may or not be an advisable thing from their perspective, so that may be something to try and it's always advisable to try to settle something and if you want to help to logistically set up a meeting with Mr. Medina, I'll be happy to help with that. I'm sure any of the Commissioners would be. If that doesn't help you, then we are back to where we started from. Mr. Price: May I make a comment? I'm not trying to hide anything. When this letter says I am not authorized to represent Pan Am... Mayor Suarez: Well, we've got that resolved. Mr. Price: ... I'd have to remind you that when that question was asked of me at the last Commission meeting, do I represent Pan Ain, I said no, so I'm not trying to be cute. Mayor Suarez: Well, I remember otherwise, but I wouldn't worry about it, I don't think you were trying to mislead us. I thought you said yes, but I didn't think you were trying to mislead us, you probably just didn't know the legal implications of the that characterization. All right. Mr. Price: No way, I never would say that. Secondly, I would also like to submit that there is another solution, rather than leaving it where it does not belong. It does not belong in a restaurant. You don't hang the Mona Lisa in a chicken coopf Then there is a place for this material and the place .for that material is described in all of the official documents and the .letters and the communications that took place in writing in between the City of Miami and Pan Am. Mayer Suarez: Well, it was envisioned to be a museum of some sort and a museum, a lot of people interpret not to be the same place where you eat, I suppose, but we don't have the resources to provide that. So, if you do, you know, be sure to... Mr. Price: You didn't have the resources when those letters were written,, that's why it, is in storage. 134 march 8, 1990 Mayor Sunre^: And wa :still don't, but we prefer w:tiat wA are dc)inQ With it now, at l.ea.^t. 7 do, than to have them in storage. Anyhow, Commis.sionsr;s, does anybody want to try anything on this other. than... Commissioner Plummer: Other than the £act of not putting the Mona Lisa in a chicken coop, what was your solution? Mr. Price: My solution would be to go to the agreements as they were written and... Mavor Suarez: With what resources? What solution would you propose? Mr. Price: Are you talking about the cost of removing that stuff and taking it, putting it back in storage? Mayor Suarez: No, no. Mr. Price: That should be Terremark. Mayor Suarez: But he's saying that he prefers to have them back in storage than where they are. Mr. Price: Yes, according to the... Mayor Suarez: And he wants us to do that. Commissioner Plummer: Mr. Price, you, I hope, are a reasonable man. They've been there now for five, six years and how long are 3,000 cubic feet of crated goods going to stay in storage? - that the potential damage to those crated goods could do? How long? I mean, are we talking about into the year 2000, nothing is done? Mr. Price: Can I answer that question? Commissioner Plummer: I ask you, please. Mr. Price: The stuff was very professionally packed in cartons and in wooden crates as you can see in those two photographs that's in your set of documents there. They are prepared and they were packed to stay in storage, unless of course, some predator got in there and made off with them and ripped the crater apart. If the crates were left in their original condition, and the cartons were left in their original condition, they could last there until the year 3,000. It's a hell of a lot more than I can do. Commissioner Plummer: But what has been accomplished? Mayor Suarez: What would we accomplish by that? Mr. Price: You've got... then at some time... Mayor Suarez: Oh, J.L. would still be here as a Commissioner. Commissioner Plummer: You damn .right I will bet I'm older than the memorabilia. You know, I just... here you have something that is priceless, OK? There's no value on something like that and how long are you going to leave it stored in a warehouse? I see no value! Mayor Suarez: And it could be stolen. It can be stolen. The worst part of it is not only the care of them, and if they are stored properly, but they can be stolen. We have no insurance. This building has no insurance. Anything, and. we have a few fairly interesting artifacts that have been given to my office and the Commissioners and I'm always concerned, and I guess I shouldn't be saying on the record that this building is not insured and is not particularly well :secured, so we just don't have a better place for it. In any event... Mr. Price: Let me respond to that question, it I may. with my questions. Unless any other Mayor Suarez: Well, I'm finished _ Commissioner wants to ask you any other question, we are going to go ahead and... unless you have any other proposal. 135 March 8, 1990 n�� Q is Mr. Price: i do. Mayor Suarez: OK, what's your other proposal? Last one. Mr. Price: First of all, to answer Commissioner Plummer's question, I would say that there is not a museum in the world that does not have artifacts for which it presently has no space for that are in storage and they will stay In storage for a hundred years, a hundred and fifty ,years. Commissioner Plummer: Yes, but see, let me tell you, where that stuff is presently stored, we have a proposal to sell that location. Cod forbid if that place were to catch on fire. You are going to come in here and scalp us alive because we didn't go over there and protect those artifacts. Mr. Price: Well, if you would like to move them to a more secure place... Commissioner Plummer: Would you go rent a facility, sir? Mr. Price: No, because the agreement says that it will be provided by the City rent free. Commissioner Plummer: What agreement are you speaking of? Mayor Suarez: What agreement are you talking about? Mr. Price: That's in the agreement that was made in between the City of Miami and Pan Am. Commissioner• Plummer: You have such an agreement, a copy of such? Mr. Price: You have it there. You have it there in your set of documents. Mayor Suarez: OK, we don't construe that we have such an agreement, but if you believe that, you can certainly argue that in whatever forum you'd like, including here, because you've done that for the last half hour. Mr. Price: I only construe the things that read what they say. I would like also... Mayor Suarez: Sir, I am not going to take anymore argument on this issue. You want to make any last statement, constructive, or not constructive, go ahead and make it and we're going to go on to the next item. We have other items here today. Mr. Price: I cannot end this presentation or whatever you want to call it, without giving an opinion of what I think as a non -representative of Pan Am, quite true, but of what I think should be done, and what I think... Mayor Suarez: That's what we've been asking. What ideas do you have? What constructive solutions do you have? Mr. Price: I've had a very difficult time interrupting. What should be done is that the equipment that has been taken by whomever, with whoever's permission, should be immediately inventoried, repacked and taken back to where the rest of the collection is and it should rest there until in accordance with the terms that were agreed to in the very beginning by this City to remain there until an appropriate space is available for them to be exhibited. Now, they should not... Mayor Suarez: OK, so you want to restore it, you want to restore it again. You've answered that ten times. You've not come up with anything different than that. I don't like that alternative, I think it is the worst of all alternatives, but anyhow, it is your alternative. Thank you for proposing. Mr. Price: I'm not making that proposal just to be... Mayor Suarez: Anything further from the Commission please! OK, next item. 136 March 8, 1990 :3 51. BRIEF DISCUSSION OF APPOINTMENTS TO PRIVATE INDUSTR`i COUNCIL, (PIC). Mayor Suarez: What are we doing with the Private Industry Council appointments, item 42, Mr.. Manager, is this the problem of not having enough appointments? Commissioner Plummer: This is your item. Mr. Odio: At your request. Mayor Suarez: Yes, I want to know what it is. I know that they were having problems getting appointments. I don't know what the problem is. Mrs. Francena Brooks: No, the appointments have all been made. Apparently, they had not received the actual resolution from the original appointments and we have made sure that they have gotten all those copies now. Mayor Suarez: So what do we need to do? Ms. Brooks: No, nothing, I think the Chairman wrote you saying that they had not been made but they have actually all been made. Mayor Suarez: Oh, but we resolved since then, we could of withdrawn the item? Mrs. Brooks: They have all been made, right. Vice Mayor Dawkins: So they do have members on there? We got representatives? Ms. Brooks: Yes, no all have them have been made, right. Lori Weldon, William Alexander, Elmer Leyva, Melvin Skip Chaves, Josefina Bonet Habif, Tito Gomez, Roosevelt Thomas, and Maria Cristina Pal.acios. There are eight of them. ------------------------------------------------------------------------------- 52. DISCUSSION CONCERNING UPCOMING 7TH ANNUAL TOWN HALL MEETING OF COCONUT GROVE CHAMBER OF COMMERCE. Mayor Suarez: OK, item 43. Scheduling of Town Hall Meetings. first one coming up, do we not Commissioner De Yurre? We have the Commissioner De Yurre: The first one is coming up March 19th at the St. Steven's Church here in Coconut Grove and I'm just going to make a motion so that we can have a courtesy advertising of the meeting in the general area. So I move that. Mayor Suarez: OK, so moved. Seconded. Vice Mayor Dawkins: And the courtesy should be, under discussion. The courtesy announcement should be free advertisement in the Miami Neighbors in that area. Mayor Suarez: Miami Herald Neighbors. Vice Mayor Dawkins: Yes, in that area. Commissioner Plummer-: What time, is this an evening meeting? Commissioner De Yurre: 7:00. Let me see, it's 7:30 meeting. Mayor Suarez: 1 got you, I see what he is saying. He is saying not legally prescribed, paid for advertisement but one of those nice little community notices that the Herald does and that Carl would be sure, Mr. Goldfarb, to convey to the Herald that request. Thank you. 137 March 8, 1990 Commi5Rinner Do Yiir-re: Right, rig11t. over here -P'trn Pot. The lip rald representnt.i-ves and they cnn publish it for us. Commissioner Plummer: I'll tell you how you do that. You say that the press will be barred from that meeting and yo-u'll get all kinds of publicity about it. Mayor Suarez: That's right, headline tomorrow "Big Meeting, Coconut Grove, media is barred." I like that, that's cute. Commissioner Plummer: Danny Paul will be down immediately. Mayor Suarez: First; time he ever proposed anything cute. All right. Mr. Huntsberry: It will be doing this as the different meetings come about. Mr. Howard Huntsberrv: My name is Howard Huntsberry, I live at 3650 Bayhomes Drive in Coconut Grove. Mayor Suarez: Are you against the tow hall meeting? Mr. Huntsberry: I'm here to just confirm the fact that we are going to have the meeting, to welcome you all to come to the meeting, to indicate to you that this flyer has been sent out to the 13,000 residences of Coconut Grove and to the 2,000 businesses. So there has been total coverage and we expect an overflow crowd and we hope that you will all attend and incidently we are going to have a voter's registration that night so we hope to have a real good turn out. Mayor Suarez: Is that a way to sort of interest us a little bit more? Mr. Huntsberry: That's right and the wine, we are going to have free wine too. Mayor Suarez: That also interest a few of us. OK, thank you. Commissioner Plummer: Who took out the permit? 53. DISCUSSION: PROPOSED COMMISSION AWARENESS PROGRAM. Mayor Suarez: Item 44, Implementation Commission Awareness Program. Commissioner .De Yurre: Yes, Mr. Mayor, we go... Mayor Suarez: Is this related to the next item that deals with the rumble strips? Mr. Plummer: Yes, they go together. Commissioner De Yurre. I don't think so. As you recall, Mr. Mayor, last month I came up with this concept of a Commission awareness program and certainly again to reiterate what my feelings are, they are that many a times we are in the dark about issues that are happening in the Administration, whether... and not putting fault anywhere, I think that it would be maybe putting an added 'burden on ourselves, but I think that we should take steps of accepting responsibility of taking particular departments and dividing the different departments among the Commission and making ourselves responsible for obviously not interfering and doing anything illegal and improper as our City Attorney will explain as far as what we can or we can't do, but certainly being more involved in understanding what these different departments are doing, certainly so that when something is brought before this Commission for discussion and to make determinations that we are in a better position to make a better and more intelligent decision. Many a times the five of us are pretty much in the dark because of some issue that may come up, but if one of us has taken the time to become better aware and better informed and have a better understanding and feeling for whatthe matters are, then that person could in turn, turn to the other four and explain pretty much what has been going on. And certainly by being and having this interaction, we can have 138 March 6, 1990 nt.so the Commission's fpP.1i.nRs pretty muv-h rppresent,ed by one of us con�,ayed as to the way you know, we feel and whnt. win woiild like to sae anal things of that nature. And I feel that If, you know, this concept is acceptable to a majority of this Commission and we decide that we want to go ahead with It, then we set a procedure within which we can you know, next month, at the next meeting in April, set up a procedure wherein we can select those departments that we would have a preference in working in and becoming thusly more involved in our City government and better representing our community. Mayor Suarez: Yes, in reporting back to the Commission, I have one suggestion and a mathematical formula that flows from it. The suggestion is that the departments be apportioned, assuming it can all be done legally of courne, among the four Commissioners without including myself and since I think we have 16 departments, it works out to about, to exactly four per and you know, would suggest if that concept is in principle agreed upon that we begin to think as you suggesting of the diverse departments in the City that each one would like to kind of have a special supervisory or inquisitive role in regards to for reporting back to the Commission, always keeping in mind, and Mr. City Attorney may have to answer this, that I think the principal role is to carry out powers that this Commission already has, but in a way that the rest of us are saying are deferring to some extent the least, to the detailed ability of each Commissioner to come back to .recommend to the entire Commission at future meetings and not in any way giving any more powers than what the Code already gives to the Commission or to individual Commissioners so acting, and I think if that is the intent of your idea, I'd have no problems with it. Commissioner De Yurre: Well, do you have any more comments on this, J. L. and Miriam? Commissioner Plummer: Yes, the question I would like to ask is what does this proposal do that we don't already have the right to do? Commissioner De Yurre: You know what it does is, it puts a burden on us, not a matter of having the right, but us making, you know, a commitment to actually be aware and be more up to date and it doesn't preclude any one, any other of us from getting into a particular department if we have an issue, but at least we know that there is somebody Overseeing the Commission's stand or position and just coming back and accepting that responsibility, at least. A lot of times, if J.L., if you are involved, for example, with the Orange Bowl agreements and you are overseeing certain things, you know, most of the times if you come up and you make a comment about something, I'll say well, you know, if he's saying it, he's is involved and he's got our thinking in mind. You know, I'd feel a lot more comfortable a lot of times than just listening to sometimes the Administration. Mayor Suarez: Anyone else? Commissioner Alanso: Basically I said that I have no problems with the concept. I think that at least maybe we should explore the idea, come back in the next Commission meeting and try to work out a plan that perhaps we could go into this as a trial period of time, a pilot program to see how it works, provided that it is all legal and correct according to the City Attorney and if it helps us understand it better, and it gives this Commission an opportunity to work better within the departments, I have no objection and I think I'm sure if the City Manager understands well enough the idea behind all of this, I think that I don't see any problem. Commissioner De Yurre: OK, well... Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes, City Attorney. Mr. Fernandez: ,Just a point of information. The important thing in considering this plan is that the only thing that changes is the way that you process information and the timeliness with which you get it. There is really no unbalancing or no throwing off of the balance of power which there is between the City Manager and the Commission. In other words, there Is no more power, no more jurisdiction, no more authority, no more control being given to the Commission by this plan than what the Commission already has. It is just a way of processing the information, perhaps in a more timely basis, getting 139 March 8, 1990 e � the City Commission agenda items, instead of the wecV before, getting it two or three weeks before and then anticipate a basis so that there could by more review and more inquiry, but certainly, you know, our Charter is very clear that you, as Commissioners, cannot in any manner, shape or form interfere with the Manager's administration of the City and the decisions to make. By the same token, none of these committees that you are envisioning could ever prohibit or prevent the Manager from bringing to the full City Commission any one item that he deems important, not withstanding the fact that any one of the committees may have an issue with it, but the real issue here is that that committee of one person would be well informed, because would have had more ample time to look at, it. Mayor Suarez: How I see it and I overhead Commissioner Plummer say that it is very similar to a committee system, I see it as being very similar to .it. Commissioner Plummer: I like the committee system, I think it's in Dade County, it works very well. I think in the State Legislature it works very well, but we are not big enough to be committees, that's our problem. Mayor Suarez: I guess it is one person committees, one person committees is the idea, as opposed... Commissioner Plummer: Well, but you can't do that., I don't think, because they would... that committee holds hearings and basically when it goes to the full body of the Commission, 99 percent of the time it's rubber-stamped and what it does is save time. Mayor. Suarez: Well, the alternative is to get a little bit more sophisticated and do it by two person committee, is that. Commissioner De Yurre: Well, my suggestion is that at the April meeting, the first April meeting, and before then, you know, I'll make available, you know the sixteen different departments that we have and you know, and if the process, the word is go, then we will make a selection of our departments and give it a 90-day trial period and see what happens. Mayor Suarez: One other thing in connection with that and the Commissioner Plummer's comparing it to the committee system. In the committee system what you try to do is you try to group function of the City or the County, whatever it may be, under one category that then begins to deal with more than one department, say, two, three, or four departments, if we did it by four. And you might give some thought, Commissioner De Yurre, to how you would group them because the idea that it would be just simple "X" number of departments for "X" individual or members of this Commission, if those are not related to each other, would create, I think, mass confusion and at least the one good thing about the committee system, is that they are sort of related functions. Arts and Recreation, I think is one committee of the County, Finance, etc. Commissioner De Yurre: Well, what I will do is I'll take those different departments and we'll try to break them into something that works. Mayor Suarez: Yes, I would try to categorize them and if you categorize them, you might want to follow the County's scheme, it is not a bad scheme. Commissioner De Yurre.: OK, well, thank you very much. 140 March 6, 1990 54. DISCUSSION CONCERNING E'FF'ECTIVENESS OF RUMBLE STRIPS AS A TRAFFIC CONTROL DEVICE - DIRECT. ADMINISTRATION TO REMOVE RUMBLE STRIPS FROM CITY STREETS AND TO INSTALL 4-WAY STOP SIGN AT INTERSECTION OF S.W. 22 AVENUE AND TIGERTAIL. -------------------------------------------------------------------------------- Mayor Suarez: OK, Commissioner, item 45. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Mayor., Mr. Mayor. We are, I mean we decided this morning that we would not hear the homeless issue, so if there is anybody here I think it should be made clear that here is not to be a hearing on the homeless issue today. Commissioner Plummer: And I should think for the record it should be noted that the issue was withdrawn at the request of the Camillus House. Vice Mayor Dawkins: So don't, I wouldn't want you to sit here until 9:00 waiting for us to hear an issue that was agreed this morning to be withdrawn and postponed. Thank you, Mr. Mayor. Mayor Suarez: Thank you, Vice Mayor. The general thrust, I guess, of what we did in the discussion was that we do all believe in decentralizing food services, soup kitchens to different parts of the City to the extent possible. I don't think anyone wants to put an end to feeding people who are hungry and don't have a home. Item 45. Effectiveness of rumble strips in traffic. How are we doing on those? We removing some? I know we got some complaints from somebody. A rumble expert. Mr. Luis Prieto: Yes, sir. We ran some tests to find out what the effects of rumble strips were. We place some meters on the 2nd of March, very early in the morning. We ascertained primarily Tigertail and Aviation. Ambient noise was 58 decibels, to give you a platform to know where we were working. Commissioner Plummer: Well, let me tell you something. They are not working, OK? And as far as I'm concerned, you can cover them up. It doesn't slow them down. Mr. Prieto: That's right, sir. CCommissioner Plummer: Until you start putting up in conjunction with these kind of things that they have got to be a speed limit, we're wasting our time. That, I can tell you, over here - by the way, Mr. Manager, Mr. Manager, Mr. Manager. Vice Mayor Dawkins: Yes, sir8 Commissioner Plummer: Going three times. Vice Mayor Dawkins: Here I air.. Commissioner Plummer: At Aviation and Tigertail, why there is only flashing lights there. For three days there have been no lights there. There are no stop signs there and when I get hit, I'm going to hold you personally responsible. Mr. Prieto: Sir, it... Vice Mayor Dawkins: Traffic lights, stop signs belong to the County. They're not ours. Mr. Prieto: That's right, sir. Commissioner Plummer: We have temporary stop signs at best and there's none -� there. Vice Mayor Dawkins: Oh, OK. All right, OK. 141 March 8, 1990 Cr_,mnissioner .P.ivmmer: Now, what. -7rp yoga poi.ng... 'Mr,. 1 can't. pronon.inct: it, what...% Mr. Odio: Prieto. -- Mr. Prieto: Prieto. Commissioner Plummer: What's your fist name? Mr. Odio: Luis. Mr. Prieto: Luis. Commissioner Plummer: Luis. I can pronounce that. Mr. Odio: Doctor. Commissioner Plummer. Now, that's fine, we're going to remove the rumble strips. Mr. Prieto: Yes, sir. Commissioner Plummer: What are you going to do to address the absolute speed way of 8,000 cars a day on Tigertail? Mr. Prieto: This, if you'll pardon me, sir., is really a police matter. Conmissioner De Yurre: Do away with the barricades. Mr. Prieto: It's not... Commissioner Plummer: It's not a police matter. The police can go there and they can write tickets till they're blue in the face. We have got to come up with something. Mr. Prieto: Well... Commissioner Plummer: Hey, I pay you a hall of a lot of money to come up with ideas. Mr. Odio: We'll see what we can come up with. Commissioner Plummer: When? Vice Mayor Dawkins: Tomorrow. Mr. Prieto: Well, we can do something different that is not rumble strips... Commissioner Plummer: What? Mr. Prieto: ...does not... Mr. Odic: We could put four way stop signs. Mr. Prieto: These textured pavements is one. Mr. Odio: And, also, I'd like to try on 22nd and Tigertail, four way stop signs. That's the only way... Commissioner Plummer: You're going to do it just at one location? Mr. Odio: Well, you got a light on 17th. Mr. Prieto: Yes. Mr. Odio: The next big... Mr. Prieto: Is 22nd. Mr. Odio: ...they pick up speed between 17th and 22nd. Then you have a light on Aviation. I guess if we put a four way on 22nd. You want to try that? 142 March 8, 1990 � s Commissioner. Plummer: I'm willing to try anything to red,.tce the speedpre; gnri the amount of volume on a road that cAn't handle it. Mr. Odio: The volume, I think, and, you know, I go by there every morning. The volume comes from people... Commissioner Plummer: Cutting through. We know that. Mr. Odio: ...cutting through from U.S. I. Mr. Prieto: Right. Commissioner Plummer: I'll vote for a four way stop sign. Does anybody else have a problem with that? Mr.. Prieto: On 22nd. Commissioner Alonso: Not at all. Commissioner Plummer: All right, I'll move at this time, that a 4-way stop sign be installed within ten days at 22nd Avenue and Tigertail, and I won't... Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: And remove the rumble strips, they ain't working. Mayor Suarez: And remove the rumble strips. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-217 A MOTION DIRECTING THE ADMINISTRATION TO INSTALL A FOUR-WAY STOP SIGN (WITHIN THE NEXT TEN DAYS) AT THE INTERSECTION OF S.W. 22 AVENUE AND TIGERTAIL; FURTHER DIRECTING THE ADMINISTRATION TO REMOVE ALL PREVIOUSLY INSTALLED RUMBLE STRIPS FROM THE CITY OF MIAMI STREETS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: Now, Mr. Manager, your Luis has said that it's a police problem. Let me tell you the one area I am damn concerned in that nobody is observing. On Tigertail, there is a school zone area and nobody, nobody is observing that damn speed limit. Mr. Odio: You're right, you know, but we... _ Commissioner Plummer: Can we have your assurances for the next 30 days, that _ there will be a concern given by the Police Department during the hours of the school slowdown? I want you to hide behind the bushes, I want you to hang out of trees, I want you to let the public know and if it's me, so be it, that we _ mean business in that school zone area. And then I would like at the erid of that 30 days, I would like a report to this Commission how many thousands of tickets you wrote. 143 March 8, 1990 Commissioner Alonso: Oh, come on. Commissioner Plummer: Don't you laugh! You're going to see a.lot of them. Commissioner Alonso: They will slow. Commissioner Plummer: OK? And that same policeman can catch them for the 4- way stops at 22nd Avenue and Tigertail. Starting when, Mr. Manager? Lt. Joseph Longueira: Monday. Commissioner Plummer: Starting Monday. OK. If. I don't see a policeman there with a radar, I don't care where he is, I'll speed so I can find him. Commissioner Alonso: And the stop sign? Commissioner Plummer: OK? Commissioner Alonso: And the stop sign, how soon? Ten days? 55. AUTHORIZE PREPARATION OF AN R.F.Y. FOR A MAUSOLEUM TO BE DEVELOPED BETWEEN N. MIAMI AVENUE AND N.E. 2ND AVENUE ON N.E. 19TH STREET (ADJACENT TO THE CITY OF MIAMI CEMETERY) - STIPULATE THAT MAUSOLEmM SHALL, HAVE NO FUNERAL, HOME ASSOCIATED WITH IT - STIPULATE R.F.P. TO BE BROAD ENOUGH FOR REVENUE PRODUCING PROPOSALS FOR UPKEEP OF CEMETERY. ------------------------------------------------------------------------------ Vice Mayor Dawkins: Item 46. Mayor Suarez: Item 46 before he thinks of something else to say on rumble strips. Quick. City of Miami Cemetery. And J. L. has a conflict of interest here. Commissioner Plummer: Mr. Manager or Mr. Mayor, I don't have a conflict of interest here, but I do want to make the record extremely clear and Mr. Bailey is here. For somehow or another, I guess it's because I'm a funeral director, I supposedly have become the proponent of this issue, and I want to say for the record, it is absolutely not true. I have, in fact, been called by the people who are the proponents, and my only urging to the administration is what I would urge to any administration by any given party that they have their right to appear before this Commission and make their request. Aside from that, I have not put any pressure on the administration. The request that is here today is to go out to an RFP to see what could or could not be developed on that site as revenue to this City. And in that instance, I have absolutely no conflict of interest. Vice Mayor Dawkins: I move... Commissioner Plummer: Now, when the bids come back, if certain parties bid, yes, I might have to recluse myself from voting. But, as far as going out with an RFP, as we do in many other cases, to see what interest we would have and what we could or could not do with it, I have no conflict of interest. But, Mr. Mayor, I just wanted to put on the record that how this came about of my being a proponent of this matter, is absolutely false. Vice Mayor Dawkins: With that I move that we put the RFP out. Mayor Suarez: So moved. Do you have an RFP already in mind, or does it parameters, or we just going to start designing it now? Commissioner Plummer: Well, Mr. Mayor, it would be my hope and desire, there are people who wish to speak and they should be heard be... Mr. Herb Bailey: Can I just give you a... Mayor Suarez: I just want to... yes, I have an idea what you're going to be proposing by way of an RFP, I mean, are we talking about a large structure, a small high - you know, high rise, low rise, whatever? I mean, I think the neighbors are obviously very concerned about a high rise here. 144 March 8, 1990 Mr. Bailey: 'Chis item th+?t is on the agenda today Gdps suggested to be pt.+t on as a discussion item. It is an ass, .gnmQnt: that was given the Manager and the administration in September of 1988 when i.t was first discussed by Commissioner De Yurre and five other departments and all the members of the Commission as to how we could, perhaps, best keep the Miami Cemetery maintained and at the same time, come up with some revenue for the City. We were given the assignment to come up with suggestions and at that time, all during the discussion with the Commission, the idea of a mausoleum somewhere on the City's property adjacent to the cemetery was discussed. Since that time, we have had several meetings. We've met with Temple Israel because the first suggestion was to put it on the parking lot that the temple is leasing from the City. After a lot of discussion, it was decided that, perhaps, that may not be the best location because it might be a distraction to the temple and also might interfere with the school. We went back and had some more discussion with the School Board which is leasing the land adjacent to the parking lot, which is a playground. They had no objection for us of taking some of the land for consideration of putting a mausoleum there, and we've had some surveys made. So we decided to :Hove it, at least recommend that if we are to go out for an RFP and bear in mind, we're only doing the technical background so that we could come back before this Commission with a suggestion that perhaps might make a little sense in terms of how we place the mausoleum. So, we decided to go further west out of the purview of the temple, out of the site or the way of the school, and put it on the far west corner next to the fire house where it would have access to the mausoleum that would not have to go down the street in front of the temple or the school. So, we're back here today with a discussion, and I do understand there are some who have some concerns about this activity and the placement of such a facility in that location. So the Manager suggested that we come back with a discussion item so we could have all input before we go, or before you decide as to what we're supposed to do. Commissioner Plummer: Mr. Bailey... Mr. Bailey: We do have a sketch as to how we want to do that so you could see what we are talking about exactly and how it affects whatever may be discussed here. Commissioner Plummer: Mr. Bailey, just for the record. At any time, have you and I ever had any discussion about this other than Mr. Bailey, they have a request to be brought before the Commission and I urge you to do such. Mr. Bailey: We've had no discussion with you. We're carrying out an assignment that all of the Commission suggested in September of '88 that we research. Commissioner Plummer: All right, sir, thank you. Mr. Bailey: And that is a matter of the record, we had the verbatim, Commissioner Plummer: I'll say no more. Mayor Suarez: OK, I'm not sure that a lot of the testimony will be relevant to this particular step in the proceedings, but why don't you... Ms, Norma Orovitz: I think it might. Mayor Suarez: ...try me. Try us. Ms. Orovitz: Thank you. Norma Orovitz, president of the Temple Israel of Greater Miami. Before I make a statement and respond to some of the material that Mr. Bailey introduced, I would like to introduce Rabbi Rex Ferlmeter of Temple Israel of Greater Miami, our executive director, Alan Hillieg; three attorneys for whom Temple Israel is a place to do pro bona work, Richard Alhadeff, Gerald K. Schwartz, and Tester Goldstein. Mayor Suarez: You have a great letter writing machine in your organization. Ms. Orovitz: Thank you. Mayor Suarez: You're potentially going to exceed the last letter writing campaign that we experienced here. I'm not sure that you have yet. but I think you're certainly headed in that direction. 145 March 8, 1990 WE Ms. Orovitz! Mr, Mayor, I'm a Girl Sco:.it, we got organized. I would like tc� introduce Henry Wolf, Jr.., twice past -president of the Miami Board of Realtors; Dennis Kainen, chairman of. the Friends of the City of Miami Cemetery; Penny Steiner and Shelly Kosnitsky, trustees of Temple Israel of Greater Miami... Mayor Suarez: Kosnitsky, dial you say? Ms. Orovitz- Yes, as in Mrs. Michael Kosnitsky. Mayor Suarez: Ah ha. Ms. Orovitz: Ah ha. Peter Bermont, past president of. Temple Israel; Armando Rodriguez, president of the Concerned Citizens of Edgewater, and there are other citizens here from the Edgewater area... Mayor Suarez: They call them one of the soldiers, I think, I. heard about that terminology recently. Ms. Orovitz: And there may be others, in fact, I'm sure there will be who would like to address you. Temple Israel... Mayor Suarez: I don't think it might be necessary but, go ahead, and give us a general thrust of what you'd like us to do or not to do with this facility. Ms. Orovitz: We would like you not to do the facility. Commissioner Plummer: Have what? Me. Orovitz: May I... Mayor Suarez: No, with this facility as it now exists. I mean, I think most people would agree that something could be done better there than what we've got. Ms. Orovitz: We have been working with the City, we have been working with each of you, Mr. Mayor, Honorable Commissioners, we have been working with the City Manager's office with the Development Department for seven months actively. And we were aware that there was a new study being conducted to place a raausoleum further west on 19th Street. Our objections still stand and I would suggest to you that Temple Israel, which has provided an anchor in the northeast sector since 1922 and since 1928 on 19th Street, and has created a laze and landsca ed ark like setting in an area otherwise ignored today, has a right to object. As a neighbor, we have a school that ,just underwent significant renovations, 450 children who are threatened by the removal of the school yard, not to talk about the traffic. As a neighbor, we have a cemetery, a unique historical landmark in an otherwise new City. Now, the Miami Herald this past Sunday suggested that this idea was only in the concept stage. I would suggest that this is no passing fancy because, since the summer of 1988, there have been meetings and money and manpower spent on studies and while Mr. Bailey suggested that you all go back to September 8th, 1988, I would suggest that on page 244 there's a direct quote here, by Mr. _ Bailey, that we have already been in discussion with someone that has come to the City to build a mausoleum. That means, even though I thought this was only going on from the date of the initial formal meetings, actually discussions were taking place previously. Temple Israel has turned down offers by the mausoleum developer who came to us with a venture which would have taken an inactive, historically valuable treasure and delegitimized it into an active commercial venture, a high rise final condominium, if you will, with elevators rushing up to as high as seventeen stories when he came to us, a snack shop, a flower shop, a one -stop funeral shopping center next door to Julia Tuttle's final resting place. Now, we have opposed this for 21 months. The Downtown Development Authority, the Edgewater area association, the Concerned Citizens of Edgewater, the Miramar 'PTA, and the Friends of the City Cemetery, join our 700 member families in opposing it. Now, this is not -= solely a City issue. Our members come from as far south as Homestead, as far north as Hollywood, and count plus the hundreds of Miamians who come to us for civic programs, for cultural activities, for political programs. Snd this is not a religious issue. Temple Israel was the first place in D., County to have head start classes. Today we feed the homeless; 250 of Miami's homeless come to us for ,^ breakfast and lunch on Sunday ;Horning when the ..•Iiurches are 146 March 8, 1990 s unable to becaiaee of their services. The Dada Crnanty School R^rrd uses o?.3r classrooms for a dropout, prevention class. t?ov7, this maysolei:m strikes its As being... Commissioner Plummer: Are they proposing a funeral home in that thing? if they are, I can't vote. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: I haven't either. Ms. Orovitz: ...unplanned growth for that area.. It will destabilize the area, it will be a short terms gain for the developer and a long term loss for the City and its citizens. There is a thriving medical center complex, a financial district, and a downtown that grew up around historic cemeteries just like ours. In Philadelphia, in New York, and Boston respectfully. They are green spaces, vest-pocket parks in keeping with their historical nature and yet they did not, those historical cemeteries in those three northern cities did not have a chilling effect on redevelopment. And those resting places were not the hooks on which to hang inappropriate commercial ventures. Madam, gentlemen, you are our City fathers, but I would suggest that your job is to mother, to nurture, to encourage growth. Just when redevelopment, just when the hint of redevelopment is inching up the boulevard with the Metromover and China Town and the performing arts center, we want you all to enhance our area, not put roadblocks, not put impediments. We do not come to you and ask, as other worthy institutions have done, for money, for loans. We are asking for respect. frankly, we are asking to be left alone. If 19th Street depends upon Temple Israel for enhancement, we've done the job for 68 years and we are committed to continued doing so. Thank you. Mayor Suarez: Thank you. (Applause) Mayor Suarez: Herb, what is - I mean, I don't know how to handle this, I'm not sure that we're at the stage yet that we need to... Vice Mayor Dawkins: We're not, bring it back. Mayor Suarez: Yes, to be too concerned - I mean, I think the thrust of your statement... Commissioner De Yurre: Well, where are we at right now? Mayor Suarez: ...is generally, certainly my belief, I don't know if that's of the rest of the Commission, but I don't think we're deciding anything today that in any way would divert from that. We might want to give some instructions to our staff here, to the City Manager, as to the scope and the size of whatever improvements are made there. Me one, I think denies, number one, that some improvements could be made and number two, that it might make more sense for a private operator than, you know, for the City to be in management of that cemetery. Rabbi Rex Perimeter: Mr. Mayor... _- Mayor Suarez: And possibly, by locating some facility that can produce some income for the City, we can, otherwise, ease our financial burdens. I can't imagine any of that would be problematic. Reverend. �i Mr. Bailey: Excuse me, Rabbi, I'd just like to give all of you a little more background so that you can be a little more informed as you speak. When we were given this direction by the Commission, and assignment by the Manager, we _ did not do it in a vacuum. The first entity in that neighborhood that we contacted was Temple Israel and we had several meetings. And we did invite - or to invite their participation, and their observation, and their comments, to be a part of whatever that you might decide that should go there. And I think the very first time we went there, we were discussing the land that they leased from us for a dollar, which expires in the year 2002, for which we were somewhat surprised to find out that the City has no right to even cancel that and after their objection that it would be unsightly in front of their temple and that they would not perhaps want to participate in anyway in this development, that's when we decided to look at another location. We did 147 March 8, 1990 tii,sc.Ucs with the School Hoard bPca!i.Ge Teripl^ Tsrael is th?rP and they havo been a cornerstone For quite sometime, bit so is School. Board, Dlde County. The Dade County School Board have a sc.horl there and we have discussed it with them. They have no objections and we even discussed it to the point as to whether or not it would interfere with the activities of the children who play in the playground. We have gone through a lot of discussion. It was not just something that we sat in our office and decided was a good thing to do. After all of the consideration, considering the School hoard's input, considering the temple's input which is now an objection, we came back with what we thought might be a suitable alternative to produce to you which, in our way, doesn't interfere with any of the activities of the temple or the School Board. So, I just want to let you know that we did involve everyone in the discussion and we do not intend, at least our RFP will not request a funeral home. It will only request that there will be burial, I guess, condominiums, or whatever you call. them - mausoleum... Commissioner De Yurre: Mausoleum. Mr. Bailey: ...fina.l resting place - I like her definition better - and that the other facilities in there was only proposed as providing a way in which Temple Israel could become part of that whole activity. Commissioner Plummer: Well, Herb, excuse me. `Unless you put a prohibition in there against a funeral home, then I would have even to recluse myself now. Mr. Bailey: We write whatever you decide... Commissioner Plummer: Because that would affect me in my own personal business,. So, unless this Commission decides that there will be an absolute prohibition written into there in an RFP, then I would have to withdraw from voting on the issue. Commissioner De Yurre: Well, does the RFP only entail the concept of a mausoleum? Mr. Bailey: Only the concept of mausoleum and actually, what we're doing, of course, we have a discussion on the floor and we do have a resolution, if you so desire, to give us permission to prepare an RFP to come back for your review, but it's only for a mausoleum. Commissioner Alonso: Why are we.... Rabbi Perlmeter: And ended - to that point, Mr. Mayor, that I would like to speak. I am Rex Perlmeter. I'm the Rabbi of Temple Israel. My legal address is 777 Lakeview Drive, Miami Beach, 33140, though my wife and daughter might very well contend that my address is 137 N.E. 19th Street, City of Miami, 33132. Mr. Mayor, the appropriateness of prolonged discussion on this issue is to the point of suggesting that an RFP on the issue of building a mausoleum on 19th Street is in and of itself, entirely unnecessary and counterproductive to the future of 19th Street and to the history that Temple T_srael has represented in that location. For 68 years, Temple Israel has fulfilled the mandates of our tradition to allow our religious feeling to go far beyond a worshipful attitude into an activist attitude, to work on behalf of, to work with, to work for the development of the community and the world about its. We do this and have done this for. 68 years in a very fulfilling and active manner in our present location on N.E. 19th Street, providing not only the green space but a spiritual anchor to a community sorely in need of it. Mr. Mayor, I quote to your own words as found in Miami Today of this week, suggesting that a downtown tax increment would be politically possible if it included an expansion to the northwest of the Omni and Cvertown/Park West districts. That's Temple Israel, that's N.E. 19th Street. It would be my suggestion that in considering the role Temple Israel has played in this community, in considering the role that 19th Street might play in any future development, it should be given careful thought what sort of development would result from the erection of a condominium for the dead. Perhaps we would find some good new tenants and businesses, flower shops, disinfectant distributors, maggots, and worms. I would suspect beyond that, we're not likely to attract either the kinds of businesses which are likely to bring significant revenue from 19th Street or the kinds of residents who look for churches and synagogues in their neighborhoods. The erection of this mausoleum would most. likely make it even more difficult to attract membership to the churches and synagogues of the immediate area. It means the failure to attract those people to whom the 148 March 8, 1990 exi.stpncp of a stnnpogize is important. Tf_ t.hprp is no syctakog!:P in their neighborhood, they are Less likely to buy for tha living or other homes for the living in, on, or near 19th Str?et. On a community level, Temple Israel has worked very closely with all. of the faiths of Miami. We've worked with the Hispanic - largely Hispanic population of Gesu Cathedral. We have worked with the populations of Central Baptist Church, with the largely black populations of St. Agnes Episcopal Church and Greater Bethel AME Church. We work closely with First united Methodist Church. These are our brothers and sisters in faith of downtown. If this mausoleum is erected, it will be more difficult for us to remain in downtown Miami, a significant presence and spiritual input to this laity, its history and its possibility will be lost to the City of Miami. I would respectfully request that you withdraw the request or do not approve the request for proposal and rather look towards some other avenue of funding the upkeep of the cemetery which is only $75,000 a year, as opposed to an ongoing long term loss of revenue which might well amount into the hundreds of thousands for future development. Thank you. Mayor Suarez: Thank you for your comments. (Applause) Mayor Suarez: I still submit that you look too young to have completed all your rabbinical studies... Rabbi Perlmeter: Grecian formula and... Mayor Suarez: Ah ha, OK, anyone else? Mr. Dennis Kainen: Mr. Mayor, if I may be heard, my name is Dennis Kainen. I'm the founder and the chairperson of the Friends of the City of Miami Cemetery. I know Commissioner De Yurre was with us on our founders day commemorating Julia Tuttle's birthday, back in January 14th, and I met all of you in November when we had a proclamation issued by the City recognizing our group and, of course, we had another proclamation issued on January 14th. To give you a little bit of a historical background, Mary Brickell sold the land to the City of Miami in 1897 to be a City owned and City rein cemetery. At that time, the land, approximately nine and a half acres, cost approximately $750.00, and our City has run that cemetery ever since as a legacy and a gift to the founding fathers of this City. Now, there are certain things the City is known to be and from which we derive a certain strength in a City. When we go to our central business district, which is becoming more and more beautiful, we have the CenTrust designed by I.M. Pei, we have the Southeast, Financial Center, Skidmore, Merrill, Owens; we have Philip Johnson's Dade County Cultural Arts Center. We have all these beautiful buildings in terms of the central business district. We also look at a city in terms of from whence does the city draw its spiritual strength for its citizenry. You have a Lincoln Memorial in Washington, a place that's peaceful where you can go there and contemplate and think about our nation's background. And the Statue of Liberty, I've never heard of anyone saying, let's sell the Statue of Liberty because it might be cheaper to run it if we privatize it. Let's sell the Lincoln Memorial. In effect, what we're thinking of doing, it sounds like what's being thought of doing, is to sell our background. This whole concept of privatization was stated in September 8th, page 243. I have a copy of the transcript with all due respect, Commissioner De Yurre, you said, and I quote, "You know, whether we can privatize it. Have somebody take it over and have some mausoleums, we'd get a cut out of that too and they'd take care of that maintenance of the...", and then there was a discussion by someone else. With all due respect, Mr. Mayor, you also made similar statements such as we have a cemetery, you want to figure out what to do with it other than to have to operate it ourselves. What's wrong with our City operating a cemetery which has been operating since Julia Tuttle - just a year before Julia Tuttle died? Our City, as you can see, 1896. In six years, our City is going to be 100 years old. Our City was a year old when we opened up the City cemetery, when its first person was buried in July of 1897 the first known person, and what are we going to say in six years? Well, we have the founding mother of our City, we have all the early Mayors of our City, we have all these great people and while we sold them out, we privatized our cemetery; we brought someone else in because our City either doesn't want to run it or our City can't run it. And then when we look at this beautiful park like setting, what are we going to see? We're going to see a ten story or a seventeen story or a six story or whatever you have, mausoleum. And the question becomes then, what are our priorities as a City? How do we want to be known? Do we want to be 149 March 8, 1990 S- Ask i= AOL known as a City that, rprpects its history And ;4. City that respects. pill t};ev;A people here from Temple Israel to the Mirsmsr FlementAr.y to the homeowners =_ association to the Friends of the City of. Miami Cemetery, or do wa want to be known as a city... Mayor Suarez: When was the Friends of the City of Miami Cemetery created _= and... Mr. Kainen: It was created in September. I went on a. walking tour of the City... Mayor Suarez: Of what year? Commissioner Plummer: Last year. Mr. Kainen: 1989. Mayor Suarez: See, the problem was that I think when you were first confronting what to do with this property and how to improve it, it was not in good repair. I think that was, in fact, one of the points made by the Friends of Miami City Cemetery and... Mr. Kainen: It looks beautiful now, Mr. Mayor, and we thank you. Mayor Suarez: It's in a lot better shape. It's in a lot better shape. Mr. Kainen: Mr. Al Ruder, the head of the Parks Department, has been magnificent in his taking care... Mayor Suarez: And it is true that some of the cemeteries in other cities are used in conjunction with historic viewing and historic walkways and landmarks and all kinds of other, mere interesting and culturally enriching ways than perhaps we have particularly... Mr. Kainen: And I think now is the time when this City can take and make a statement and say that we will recognize our founding fathers and our founding mother and we will be respectful to them. What other city - and there are very few cities, if you analyze the cities in this country, where all the early founders were there - Washington doesn't have it, New York really doesn't have it -sure, they have cemeteries -- Boston has the cemetery where a lot of members of the Boston Massacre are buried, but here we have a place where we have all our early folk buried and wouldn't this be a splendid place where we can have annual events like a Founders Day, which, incidentally, attracted 300 citizens came. Theme was a woman there that came that I was told first came to Miami in 1596. She wasn't moving fast, but this woman was there. We had Julia 'Tuttle's great grandaughter, Beverly Enriquez. We had relatives of the Jacksens. These people have relatives, it stills exists, our City is young enough to be able to preserve our legacy. Let's not sell our City's soul for $75,000 because if that's what it costs to run a cemetery, is it worth $75,000 to be able to say in 1996, you know, you want to come and see where all the early dreamers of Miami are. If you want to come and see where the mother of Miami is buried, come in our City's cemetery, it's a park like setting and let's not ruin it with a mausoleum. Commissioner Plummer: Sir, do you have anybody of your family buried there? Mr. Kainen: No, my family came to Miami from South America in 1960. Commissioner Plummer: And you formed a group called the Friends of Miami City Cemetery back in September of last year. Mr. Kainen: Yes, sir. Commissioner Plummer: What have you done to this point? Mr. Kainen: We had a Founders Day commemorative - well, first of ail... Commissioner Plummer: No, what have you done for the cemetery? Have you raised any funds? Mr. Kainen: That reminds me of question I was asked. Commissioner Pll-lmmpr: ThQra would hf' A gimplp An,,wpr. llivr� yott raised ;any funds? Mr. Kainen: You asked me if I had done anything for the cimetPry, I'm going =_ to address your first question. Commissioner Plummer: No, I asked a very specific question. Mayor Suarez: Take either one of the questions, but... Commissioner Plummer: Have you raised any funds? Mayor Suarez: ...it would be helpful if we didn't argue about the question and if want to answer, if you don't want to answer, you don't have. to, I suppose. Mr. Kainen: OK, I'm going to address your first question and then I'll address your second question in sequence. The first question was, what have we done? In January 14th, we had a Founders Day commemorating Julia Tuttle's birthday. Commissioner Plummer: I'm aware of that. Mr. Kainen: OK, we had members of the black community, we had members of the Hispanic community... Commissioner Plummer: I'm well aware of that, sir. Mr. Kainen: That's what we've done, Commissioner. Commissioner Plummer: What have you done as you pro... Mr. Kainen: Now, have we raised any funds? I'm going to address that question. The next question, have we raised any funds? We haven't raised any funds. This is a City Cemetery. The City should be taking care of our cemetery. Commissioner Plummer: Sir, let me explain to you, the only reason that this has any interest to me at all - not as a funeral director - is this City is hard pressed for. funds. That cemetery, right now, is a bare minimtun of $75,000 a year without spending a dime to make many, many other improvements that are needed. OK? Mr. Kainen: I understand. Commissioner Plummer: Now, I'm asking you again, is Temple Israel, who now rents a piece of property for one dollar and God bless them, are they willing to come forth and say, hey, City, we would like to help you with the cemetery and we will make a donation to the cemetery. Are you the group there that are the Friends of the Cemetery, are you willing to go out and raise funds to help this City on a dilemma of finances? Mr. Kainen: Commissioner... Commissioner Plummer: This proposal, as I see it for the first time today, does not disrupt the cemetery at all. It is not even located on the same parcel of land and I, you know, it's amazing that this group, known as the Friends of City Cemetery, who suddenly come about when there starts to be negotiation, I assume, is coincidental. Mr. Kainen: It is coincidental., Commissioner and I don't appreciate the innuendo. Commissioner Plummer: Well, it's coincidental to this extent. What have you done to improve the City cemetery? Mr. Kainen: We've done it... Commissioner Plummer- If you're their friend, OK? As a friend, you just don't go there and hold a service. Mr. Kainen: May T answer you? 151 March 8, 1.990 Commissioner Flmmmer: I keep iskinp, for that answ• r and I don't. Pet, it. Mr. Kainen: You ask, what have we done for. the City cemetery? We got you to _= clean it up, Commissioner. Commissioner Plummer: When - what are you doing to do it? Mr. Kainen: What we did, in terms of focusing attention on the cemetery, when - we had... Commissioner Plummer: Having a Founders Day? Mr. Kainen: Let me explain to you what that did for the cemetery. When you invite someone over to your living room, Commissioner, you clean up your living room a little bit because you know you're going to have company over. When we invited hundreds of people to come to our City, including all the Commissioners, including members of the community, from all segments of the community, the City cleaned up the cemetery. I ask you, Commissioner, what is the budget of the Parks Department and what percentage of the total budget of the Parks Department is the City cemetery? And I also... Commissioner Plummer: $75,000, sir. Mr. Kainen: And how much is Parks Department, Commissioner? Commissioner Plummer: What does that got a bearing on it? It is $75,000 that this City sorely needs to address other problems. Mr. Kainen: You can take the money from somewhere else, Commissioner. Commissioner Plummer: If you are my friend, then I am in trouble, you would help me raise the money to get me out of trouble even if it were a loan. Now... Mr. Kainen: I wouldn't help you by selling my soul by building a 16-story mausoleum. Commissioner Plummer: Don't give me that, sir. Please, don't talk about selling your soul. Tell me what you're doing as a friend of that cemetery to improve for the founders of this community? -and don't tell me a Founders Day. Mr. Kainen: Is your question, have I raised any funds, Commissioner? Mayor Suarez: That's been answered. Mr. Kainen: The answer is no. Mayor Suarez: That's been answered. We're not going to go around and around. Anything else further, any suggestions? Thank you. Anyone else? -and then we're to go ahead and consider this at the Commission level alone. We've got other items today. Mr. Gerald K. Schwartz: My name is Gerald K. Schwartz. I am a past president of Temple Israel, my office is 701 Brickell Avenue, Miami, Florida. You know, all things cannot be valued in cash dollars expended and Commissioner Plummer, you made a statement that God bless Temple Israel, you rent the parking lot across the street for a dollar a year and what does Temple Israel raise for the support of the cemetery. Commissioner Plummer: That was not my statement, sir. Mr. Schwartz: I'm not... Commissioner Plummer: I asked, was Temple Israel interested in donating to the upkeep and maintenance. I didn't say... Mr. Schwartz: Well, perhaps, if we were able to cut back on some of the other services and activities that: we provide to the community, the feeding of the homeless Sunday mornings, providing programming in that area for the community three to five nights a week, keeping the lights on, supporting the Police Department overtime because we cannot have a function there in the afternoon. 152 March 8, 1990 o.r- at, nip,ht 1�0itho„t. hpving 5ecia.l polix-:A prntection, u-ithn+.,t. ttlrnin� o„r lights on. We have tried for years. Since our membership origi.npal,v gtnrted in that area, we have tried for years to maintain our facility, not only for us, but for the best interests of the City of Miami and the community in which we all live. It would have been very easy for us, as our membership moved to Miami Beach and moved to the south, to give up downtown and to move our facility to the south and open up a facility where many congregations have opened and prospered over the years, in the south or on the Beach. But year after year, our board has addressed the issue and we have taken the same position that our place, as a community, is in the community. I don't know if you will recall Rabbi Joseph R. N arot... Commissioner Plummer: Very well. Mr.. Schwartz: ...who was a leader in this community. Commissioner Plummer: Very well.. Mr. Schwartz: ...in civil and social action. And the temple has never changed since he first came here in that respect. And our primary interest in staying in the City of Miami is to help this community and do what we feel will benefit the community and we feel that if we leave, the community will continue but there will be a loss. And that's not our intent. We expect and hope to stay there and to improve the area. And we hope that some point in time, the area will develop and will be improved and we're doing our part to help it and to be there when that happens. But we feel very strongly that the creation and construction of a multi -high rise story mausoleum, which I've heard stories is 17 floors, and my understanding of a mausoleum is 18 feet. to a floor... Mayor Suarez; But it's like sort of erecting a straw dummy or whatever the expression is then knock it down. We're first, extremely pleased that the temple has remained in that location and continues to be active and contributing in all the ways you've described and probably many more. What kind of facility or in what portion of this land, what enhancement, what commercial activity - not a high rise - would make sense from your perspective, if any? Or would you like to see the entire plot left exactly the way it is ,which has, of course, improved - we all like to see it improved and fixed up and in better condition. It has the disadvantage that it really is not creating... for one thing, it doesn't cost us to maintain it as Coinmissioner has stated but in addition to that, it's not necessary creating the kind of activity, people activity, people traffic, and all the other commercial, potentially useful commercial activities that would enhance the area. We think or if you think, or do you think that you'd like to keep it exactly as it is because we're trying to formulate an RFP. It may be quite low density in size and use or maybe nothing, I mean, we may decide we just want to try to maintain this. The City traditionally, has not been in the business of operating cemeteries - I guess this is one exception - and to the extent that we have been, we haven't done a good job. We recognize that and it is a good idea that some group has got together and is helping us to build up interest and perhaps to focus, but we need resources in general, and as to this plot, and if you have any ideas on that, we'd be very interested in them. Other than, you know, criticizing something that we may never do with a 17- story high rise or anything. I'm pretty sure that no one here is in favor of that. Commissioner Plummer: No way. Mr. Schwartz: Mr. Mayor, I, right off hand, don't have a suggestion that you should put an apartment complex, townhouses, a shopping center there. But there is so much vacant, derelict property in that surrounding area. Mayor Suarez: Not necessarily ours though. That's the difference, see? Mr. Schwartz: Absolutely true. But. I would hate to see the City of Miami just for expediency purposes, take a piece of property which may be necessary at some point in time for the City of use as a park and do it now before we really know how the corm:jercial and the privately owned property in that area will be developed. You know, hopefully... Mayor Suarez: Well, some people would gay and planners would say that it won't be developed at all unless we figure- out ways, as government, to try to induce that development and that's one of the ideas with this property. 153 March 8, 1990 Mr. Scbear.tz: I don't think the development has to come from the use of open space. I think the development can just as easily come from a cooperative effort between the private and the public community. And I think the answer is to come up with some ideas to develop and improve the privately owned _ { property in the surrounding area. Get that Omni development, the fine arts development, to come to fruition, and then move... Mayor Suarez: Yes, we're working Awfully hard on that, as you well know. Mr. Schwartz: ...move north, but to... Mayor Suarez: And we've even created a tax increment district in that area which effectively takes future operating revenues of the City, taxes, that is, and translates them and converts them into present capital funds which is a risky thing for the City to do and one of our Commissioners has been alerting us to that as we create these tax increment districts. We're tying up future funds, but we've done that in the Omni area and we hope that it will induce the development that we'd all like to see including a temple and all the other people who have been there for a long time and who have written to us, I think, as extensively as any .issue we've ever faced. Mr. Schwartz: I just don't think... Mayor Suarez: Anything else you want to add? I mean, we've got a general feel for... Mr. Schwartz: I just don't think... Mayor Suarez: ...and this is an early stage in the proceedings. Mr. Schwartz: I really don't want to take up a lot of time, it's a long day for you all. Mayor Suarez: Yes, and we've got another item that we especially set for 6:00 p.m. Mr. Schwartz: I just don't think that to save $75,000 a year, which is an immediate need, you should do something... Mayor Suarez: Well, this is just $75,000, it's $75,000 a year to have a property not well maintained, that we're not particularly adept at taking care of. That's the problem. I think it's the only... Mr. Schwartz: I just don't think you should... Mayor Suarez: ...is it the only cemetery that we own? Commissioner Plummer: It's the only one. Mayor Suarez: It just didn't seem to fit. It's not - you know, we've called it a park, it's not really a park, it's not really a historic site. There are some people on the Miami Herald, the palace of malice by the bay who would quarrel with the greatness of some of the people that are buried there and who founded Miami. In fact, they constantly write articles criticizing all these people. You know, it's just... we're trying to figure out what to do about a badly kept, badly maintained cemetery that is not particularly the kind of thing that we assume the City should be doing and on top of that, it's costing us money to operate. That was the general idea. Mr. Schwartz: I would just submit that there's got to be a better idea than building a structure that's going to be there permanently. Permanently, when you may... Mayor Suarez: Well, some structure, even if we were just to try to build a historic facility there, would probably be needed, I would think. Some minor, small low rise - I don't know. Mr. Schwartz: But let's not do i? before we know what's going to happen and what we're going to do with that whole area. You're saying that it... MP:470r Suar-ez: 011, We )+nrw that if the Area k-np�- poir.p the u-ay it'-, going, nothi.ng's going to happen. And pa.rt'irularl.y, i.f t.hF cemetery stayed there in the bad condition that it was in; it was, i.tsplf, going to be a disincentive to any good development. That's the issue before us. Mr. Schwartz: We could go on forever and that's not fair to everybody else. I just think that this is too permanent a step to take at this point and would look for some other solutions. Mayor Suarez: All right. I am inclined to close off debate, because we are, at this point, are only trying to give very general outlines. We're not even ready to approve an RFP, are we? Commissioner Plummer: One's not been formulated. Mr. Bailey: No, we're not, we're... Mayor Suarez: There's not one formulated. I would hope that the input that you're about to give and that's you've been given, would be given directly to our staff in terms of the kind of thing that you would propose for there, if anything. Now, if you say, look, this is just an ideal site to leave exactly as is and just maintained better, then help us to figure out a way to pay for the $75,000. Commissioner. Alonso: But the administration is asking us to consider giving the approval for the RFP, that's what we are doing and it seems to me wrong to go into that direction when we see the people of the area telling us exactly that they don't want this. If they don't, we see a neighborhood association saying, no, we see these people feeling so strongly against this. Vice Mayor Dawkins: They are not the... Commissioner Alonso: Why don't we look into another direction. Perhaps we can fend an answer to this case and find the $75,000 that we need some other way or do something different because this, somehow, it's very wrong when people feel so strongly against this and people who are committed to that area. I think that some other answer must be found because this one, it's very wrong. Very, very wrong. (Applause) Vice Mayor Dawkins: I€ they live in the area, I could agree with you that... Commissioner Alonso: They do, sir! Vice Mayor Dawkins: They do not live in the area! Commissioner Alonso: Mr. Rodriguez, do you live in the area? Mr. Rodriguez: I am the president of the... (Inaudible). Mayor Suarez: OK, we... Vice Mayor Dawkins: They all do not live in the area, madam. Commissioner Plummer: Very few. Commission Alonso: No, I know not all of them... Vice Mayor Dawkins: OK, now... so now, and you sit here with me and help me make a budget and you know that there's a budget shortfall and yet you say we can find the $75,000. Every time we get ready to do something, if the public is against it and we gat to go find the money, we will get nothing done. Now, if Temple Israel, in my opinion, ha., a constructive way to show me how they can raise the $75,000, I don't have no problem with it. But, by the same... Commissioner Alonso: Maybe they will, who knows? Vice Mayor Dawkins: Well, then, they're not saying that. They're just saying, we have no money and we want you to continue to fund it and we don't want you to develop nothing that will bring you no revenue. Now, that's what they're saying. 155 March 6, 1990 in Mr. _Peter Bermont: Mr. Mayor, my name i5� Peter... Mayor Suarez: OK, last statement and then the Commission is going to try to decide what direction to give. We will have, believe me, plenty of opportunity for further public input in the Commission Chambers, but more importantly, directly with staff in the preparation of an RFP if, indeed, we vote in favor of one today, even in concept. Mr. Bermont: My name is Peter Bermont, I'm a past -president of Temple Israel. I live at 7301 S.W. 48th Court. I've been a member of Temple Israel since 1955. My suggestion would be rather than ask for an RFP at this point, would be to appoint a task force, which I know many people in the neighborhood, as well as people from Temple Israel, would be happy to serve on to come back to you in six months with a specific recommendation that would assist you in replacing your deficit. In all deference to you, Commissioner Dawkins, I don't know that its our responsibility to fund the deficit because the property is across the street from us. Vice Mayor Dawkins: You're right, sir. It's not your responsibility, it's my responsibility to find a revenue to do it and that's why I'm in favor of... Mr. Bermont: I would... Vice Mayor Dawkins: Wait now, wait. And that's why I'm in favor, sir, of the mausoleum in order to find some revenue. I have no problem sitting down with you finding another - I mean, with you and I sitting down attempting to find another stream of revenue in place of that. Mr. Bermont: My suggestion is that you create a task force rather than start your RFP process. We will come back to you with a specific recommendation that will, hopefully, deal with your issues and our issues that will include the neighbors, that will include Temple Israel and, hopefully, enhance the whole neighborhood. I'd like to just see how many people live in the neighborhood are here opposing the project. If they could raise their hand. These are neighbors. Commissioner Plummer: Four. Vice Mayor Dawkins: OK, five, four. But all right, I'll... Mayor Suarez: And the other thing... Vice Mayor Dawkins: ...I'd like to say to you, I agree with you, but I also will not stop the RFP preparation so that at the end of six months, if we don't have anything, I got my RFP to go out. I don't have to start then with the RFP, It could be done simultaneously. Mr. Bermont: We don't have any problem with that, as long as we can participate in the process and assist and have input. Mayor Suarez: And - sure - and, by the way, we act as a task force and you are our facilitators and our resource people because if you work with City staff and give them your input and ideas, that's happened a lot in Edgewater with some of the residents that are there. They help us formulate the adequate size, density, use, purpose of any development. Commissioner Plummer: The density is pretty well prescribed. Mayor Suarez: Yes, for the density, maybe well prescribed but we can impose additional restrictions if we deem proper and I believe we can, can we not? We could probably impose almost any restriction we want, so... Mr. Bermont: But we would like your specific endorsement to assist in this process so that we have input, so that the neighbors have input and that... =� Mayor Suarez: That's automatic, that's why we're here today. In fact, we've taken quite a bit of testimony on the general belief, I guess, and proposition that to the extent possible, we should keep this as a cemetery with, perhaps, some historic or cultural or other kinds of monuments, but always in a very low scale, I gather, is what you're suggesting. I don't know that. the Commission necessarily agrees with that, because we do have other concerns. Anything further, Herb, and than Commissioners, so we can wrap this matter. 156 March d, 1990 Mr. BaItl.ey: No one has asked about. the technical details of what we"rn proposing and I think maybe, that if there is going to be any involvement or any input to the Commission as to how we will proceed, if we do, we're prepared to tell you what that is today. We're only taking up 52 feet of frontage on 19th Street. The temple is 778 feet from that location and the proposal on the site that we are proposing, is next to the cemetery and not on front of 19th Street. It.'s almost virtually out of. sight. What's the only reason you can see it because nothing else is there. But we will be happy to provide you with any technical information that we have come up with in order to make our recommendation. Mayor Suarez: Well, very simply, from our perspective, as the present task force, absent another task force, what are the parameters? I mean how high are we talking about? What uses and what total square footage? Mr. Bailey: That will be a matter of another public hearing when we come back with you with an FFP, if you so desire. Mayor Suarez: We are not yet at the point that you're ready to... Mr. Bailey: We're not at the point to go through that detail and that... Mayor Suarez: You've only limited or prescribed how many feet of frontage? - that's the only thing? I mean, that sounds like doing a facade and not having any idea what's on the back. Mr. Bailey: Well, the reason we had to do that because the land is currently under lease to the School Board and we had to get them to agree on the amount of land that they could give up. That is why we had to have another survey and come up with some dimensions. Mayor Suarez: And that's 52 feet or 50 some feet, you said, right.? Mr. Bailey: Fifty-two feet frontage. Mayor Suarez: Frontage out of how much in that particular dimension there facing the street? Mr. Bailey: Well, we have 458 and 240, that's about seven and another - they have over 1,000 square feet running along that corridor. Mayor Suarez: A thousand linear feet. Mr. Bailey: Linear feet, yes, I'm sorry. You're right, it's a thousand linear feet. Mayor Suarez: It will be about five percent? And we have no idea, at this point, Mr, Manager, you have no idea or anyone or your staff as to how high or no one has got a design out there? Why do we keep hearing about 17 stories, 10 stories, 7 stories? I've got letters with every kind of possible story here. Mr. Bailey: Well, as we go out to try to get some technical input on how these things are done, we talked to various people as to what types of mausoleums that are being built around the County. How high they are, how low they are and tried to get some idea as to... Mayor Suarez: OK, but it is a mausoleum, that's your idea? Mr. Bailey: It's a mausoleum, yes, it is a... Mayor Suarez: I thought maybe that was just a term they were using to describe that. I've used that term to describe other things I didn't like. Mr. Bailey: No, it is a final resting place for those who have passed on and that will have some dead bodies in it. Mayor Suarez: Commissioner Alonso defines it as a condominium for the dead, OK. Mr. Bailey: Yes. 157 March 8, 1990 Commissioner Plummer: It's a dead issue. Mr. Bailey: All we're asking to do - well, really, all I'm asking to do is to either tell me what to do. I'll either, you know, go or not go, but we do... Mayor Suarez: But the basic principle would be, in fact, a mausoleum or a vertical cemetery for lack of a better term. Mr. Bailey: It will be a vertical cemetery, yes. Mayor Suarez: And no idea how high or what - how many actual burial sites or whatever the correct term Is. Mr. Bailey: That will come up for discussion when we prepare the RFP and we'll have input. Mayor Suarez: I see. No, no, I just want. to know how far we are in a definition... Ms. Orovitz: Excuse me, I might be able to answer some of that. When the develop... Mayor Suarez: That's interesting, how would you know what they're scheming over there? Ms. Orovitz: Well, the developer came calling. The developer came calling and when Mr.... Mayor Suarez: What developer? Mr. Bailey: We don't have a developer. Mayor Suarez: What developer? Ms. Orovitz: Kenneth Cansela from Crypt Corp. Mayor Suarez: You mean, someone who does not own the property, who is not under contractual relationship with the City, who does not have any particular rights except to suggest, like you or anyone else? Ms. Orovitz: Isn't that amazing? Commissioner Plummer: No, no, no, Mr. Mayor... Mayor Suarez: I don't think that we have any contractual relationship with anybody. Ms. Orovitz: No, you don't have a contractual relationship. Commissioner Plummer: But he came to them about the use of their property. Mayor Suarez: I see. Mr. Bailey: Yes, Ms. Orovitz: No, they came... Mayor Suarez: When he was proposing to use your property. Ms. Orovitz: Excuse me, no. Mayor Suarez: No. Ms. Orovitz: Crypt Corp. represented by Kenneth Cansela, came to Temple Israel saying he came at the suggestion of the City and discussed with us the construction of a 17 story mausoleum with a specific number of crypts and niches, excuse me, on our parking lot, which is your property which we lease from you. Mayor Suarez: Oh, OK. 158 March R, 1990 0 Commissioner r1limme.r: Yes, yes. Mr. Bailey: That was initial discussions, yes. Ms. Orovitz: Excuse, that may have been initial.... Mayor Suarez: Our property that you're using. Mr. Bailey: Yes. Ms. Orovitz: Yes. Mr. Bailey: That was initial discussions, that was not... Ms. Orovitz: Initially, that was the first suggestion. Then this same group came back to us as late as March 2nd, 1989 with a description of a mausoleum which could be... Mayor Suarez: OK, but I just want to clarify that this individual, entity, agency, or group of individuals, has no vested rights, contractual relationships, or any particular say as to what we're going to do there any more than you or anyone else. Ms. Orovitz: I cannot speak for another individual. Mayor Suarez: No, I'm telling you that. I mean, that is absolutely the case. I mean, I'm not necessarily asking you that, I'm telling you that. Just so you don't worry about it, you know, we'll be interested in your input as much as theirs, maybe more. Commissioner De Yurre: Mr. Mayor... Mayor Suarez: A lot of it is related to how many people live in the City because that is still our number one constituency. Ms. Orovitz: OK, sir, it seems that the idea was born before your September 8th, 1988... Mayor Suarez: I'm not sure this idea was born yet, it's just been a concept thrown around apparently and not all of us are too familiar with it. Ms. Orovitz: Well, apparently, Mr. Bailey had discussions with parties... Mayor Suarez: Oh, I'm sure he has discussions. We weleorre him having discussions with people on all kinds of ideas and projects. That doesn't mean that they have any validity or formality to them at all. OK, Commissioner De Yurre, do you want to try... Commissioner De Yurre: Yes, Mr. Mayor. I think that, you know, certainly there will be plenty of time to formulate what's going to happen eventually with this, but I think that we have to proceed with the procedure and that is to go ahead and prepare an RFP and bring it back for us for approval and amendments or alterations to it and I would so move at this time. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any further discussion_? If not, please call.... Commissioner Plummer: Yes, yes, I... Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Mr. Mayor, I've got to have some clear definition here because you know I'm extremely careful about a conflict. Unless there is something written in to this motion that is presently made that there - relation to a funeral home... Commissioner De Yurre: Well, there isn't supposed to be any. Commissioner Plummer: Then I could conceivably be in a conflict. Mr. Bailey: There is nothing in this... -_ Mr. Maxwell: No. Commissioner Plummer: But there's no prohibition, Herb, is what I'm saying. Vice Mayor Dawkins: I second the motion with the amendments suggested by —_ Commissioner Plummer. - Commissioner Plummer: No, no, don't justify to me now, please. _ Vice Mayor Dawkins: Well, you're making it. _ Commissioner Plununer: If you're making a motion to amend it to say that there =_ absolutely will not be a funeral home — Vice Mayor Dawkins: I will second. - s Commissioner De Yurre: That's fire, that's my motion. I'll amend it. Commissioner Plummer: OR, now further under discussion., Mr. Mayor. _ Commissioner De Yurre: And that you cannot deliver anyone there so that there's no conflict. Commissioner Plummer: That I got a real problem with. Mr. Bailey: Commissioner... Mayor Suarez: OK, it will not - what you're saying is that it will not be a - funeral home. Commissioner Plummer: That's correct. - Mayor Suarez: That eliminates the conflict for you. Commissioner Plummer: OK... Mayor Suarez: All right? They've built that into their motion. Commissioner Plummer: Whether I was involved financially or not, OK? Now, I am absolutely astounded. Mr. Bailey... Mr. Bailey: Yes, Commissioner. Commissioner Plummer: Let me tell you, sir. Mr. Bailey: Yes, sir. Commissioner Plummer: In an RFP, I would absolutely be astounded if there was such a thing as a coffee shop. The only thing that I think that could be in. conjunction and be in the respect and dignity, is possibly flowers. But anything other than that of a so-called retail business, I think is absolutely out. OK? Mr. Bailey: It's quite all right with us, Commissioner. Commissioner Plummer: I'm saying that to you. I think that is absolutely ridiculous. - Mr. Bailey: What about a card shop in addition to the flowers? Commissioner Plummer: I don't think that that's appropriate there... Mayor Suarez: A what shop? Mr. Bailey: Card, bereavements. Mayor Suarez: A card shop. Commissioner Pluituner: A card shop. OK? 160 March 8, 1990 0 Vice Mayor Dawkins: Nothing but a mausoleum. Mr. Bailey: .lust a mausoleum with flowers. Commissioner Plummer: I think ,you can have a mausoleum and, at. the best, the additional item could be flowers. And that's for me speaking. Mr. Bailey: We will design it in such a way to reflect those concerns. Mayor Suarez: OK, any further discussion? Commissioner Plummer: Well, Mr. Mayor, are you going to do as we've done with other RFPs or are you going to set, and I think it should be, if we're going to go into an RFP, that the minimum requirement of minimal guarantee annually b_ck to the City? Mr. Bailey. All of those economic conditions will come before you for review before we go with RFP. Commissioner Plummer: No, I think this Commission ought to set those things. You're talking about two different facilities, as I under... excuse me, one facility and one proffer. What is going to be set -- what would be set as minimum return for the mausoleum and number two, what would be a minimum set for upkeep and maintenance of the present? Mr. Bailey: Cemetery. Commissioner Plummer: Yes, sir. Mr. Bailey: Yes. Commissioner Plummer: Now, let me tell you one other thing you'd better build into there, Mr. Bailey. You don't want to think about it, but it could be a reality and that is a bond, if it were to go into default. Mr. Bailey: Correct. Commissioner Plummer: If this thing were to financially foreclose, I want to tell you to remove that from the premises, my friend, you have one hell of a problem on your hands. OK? Mayor Suarez: It's sort of a long term performance bond. Commissioner Plummer: Now, you'd better come up with some answer and I don't even know that you can do that, that if this thing were to go into default, how would the City be able to come about to deliver free and clear a title foreclosing the City going into the business and if it flunked in the first part it wouldn't go in the second. You'd better give a lot of thought to that. Mayor Suarez: All right. We have a motion and a second. Any further discussion? Call the roll. Mr. Jorge Fernandez: Point of clarification, Mr. Mayor. I understand that what you're passing now is a resolution, in fact, instructing the administration to go ahead and begin to prepare the process of an RFP for a UDP. Mayor Suarez: Yes. Mr. Fernandez: To come back to you at subsequent future times. Mayor Suarez: Yes, I'm not sure why it has to be a UDP, but certainly an RFP. Mr. Bailey: It has to be a UDP, Commissioner, ah, Mr. Mayor. Mayor Suarez: And, obviously, with input to be received and all of stages of the process from the group of people who are opposed to anything that is in any kind of a large presence there or lame mausoleum or any kind of mausoleum. I have to tell the Commission before we take the vote, I wouldn't want to deceive anyone. I'm going to vote against the motion. I might. be LA 0 Inclined to vote for one that would simply say, ?nyone that:, proposPs to meintAin a cemetery so thatit doesn't cost us anything and all the other historic components of it, I could see doing can RFP on that. I'm not. sure we'd get any answers on it. Commissioner Plummer: Why don't you make the RFF broad enough to do that? Mayor Suarez: It's just that I think that an RFP or we've gotten into the problem of RFPs are so broad, nobody is too sure what exactly it is that we're putting out for bids. So, but as stated, I have a feeling that it's going to mislead people, at least as to my vote, so I'm going to vote against it. Commissioner Plummer: Well, I'll offer that as an amendment. I'll offer as an amendment that the RFP be broad enough to entertain proposals of other - sources or other areas that could provide the revenue necessary to maintain and upgrade the present Miami City Cemetery. I'd offer that as an amendment. Commissioner De Yurre: I'll second. Mayor Suarez: So moved and seconded. Mr. Fernandez: If it's any kind of a joint venture between the City and the City remains involved in the project, of necessity, it is a UDP. Whatever formation, which ever of the four... Mayor Suarez: I just asked if you were sure it had to be a UDP. Mr. Fernandez: Yes. Mayor Suarez; You don't need to put in the record all the reasons therefor. OK, as stated, it at least contemplates the possibility that all we'd be expecting back then, as an alternative RFP, or part of a broad RFP, is just to recover our cost of maintaining it. Is that what you're saying then? Commissioner Plummer: I'm saying that the primary purpose, as I have understood this from day one, is that this is a proposal to, in fact, maintain and upgrade the present City Cemetery. And if there are other proposals that are proffered to this Commission to do the same, I most likely would accept such. OK? _ Mayor Suarez: OK, do we have a motion - does the movant accept that broad interpretation? Mr. Bailey: Mr. Mayor... Commissioner De Yurre: We also got to understand... Mr. Bailey: Point of clarification, please. Commissioner De Yurre: Well, we also got to understand the benefit that it would... Mayor Suarez: Wait, wait, if we're clarifying at this point. Commissioner De Yurre: The benefit that mausoleum would bring, as far as dollars. That's big time business. Commissioner Plummer: That's minimum, that's why I asked was a minimum amount proffered. Commissioner De Yurre: Aside from the maintenance. Commissioner Plummer: Of course. There was two facets to that. Mayor Suarez: Does the movant accept the possibility that the RFP is broad enough that. conceivably a responsive bid would be one that would simply pay for the upkeep of the cemetery and its present basic use? Commissioner De Yurre: And what would we do about the profit that we would lose by the mausoleum not being in place? 162 March 6, 1990 t9ayor Stsaroz: For my vnte, 7 would not. be conrprned Pboltt the oppor.tlanity cost, that's rill. Vice Mayor Dawkins: I'll call the order of the day. Mr. Bailey: We cannot do that on an RFP. Commissioner Plummer: Why? Mr. Bailey: That cannot be done. Commissioner Flummer: Why? Mr. Bailey: I call the order of the day. Mayor Suarez: Wait, we're trying to clarify the motion. Commission Plummer: You're going to lose the RFP then. Mr. Bailey: Well, no, well I'll just have to lose it, but I can't let you do something technically incorrect that would be challenged. Commissioner De Yurre: Well, listen, hold it, hold it, hold it. Herb, hold it a second. Mr. Fernandez: That's right. Mayor Suarez: Wait, wait, wait, Commissioners... OK, the discussion is at the Commission level at this point. I'm not going to recognize anyone from staff unless someone from the Commission wants to hear. Oh, yes. Commissioner De Yurre: Mr. Mayor, the alternative is easy and I think it's what we're looking at if somebody comes up with an alternative that a majority of this Commission feels comfortable as far as the maintenance of the cemetery, then they would vote against the RFP and that's the end of that. You know, that's just the way it works. Mayor Suarez: If the movant and the second accept that, I'll vote for the motion in that broad a statement. Commissioner De Yurre: You know, that's just... so, I got no problem with that. Mayor Suarez: In other words, I think at least for my vote, I'm looking to have just someone that will maintain this property for us ad irfi.nitum. Commissioner Plummer: Mr. Mayor, the only other thing I would ask of the administration is that a designated representative of Temple Israel be named to work with the administration and be aware at all times of what is going on with that RFP so that they know exactly what, in fact, is being done. Mayor Suarez: OK, won't you go ahead and put on the record who that person is from your end if - I don't think anybody here has any objection to that. Commissioner Plummer: You can designate it at any time. UNIDENTIFIED SPEAKER: How about the Rabbi or his designee? Mayor Suarez: All right, the Rabbi or his designee, all built into the motion and judge... UNIDENTIFIED SPEAKER: And somebody from the Edgewater community. Mayor Suarez: And from the Edgewater group also, obviously. They're going to be involved whether we designate them or not, I guarantee you. Ms. Orovitz: There are two Edgewater groups that have objected to this plan today and they both need to be included as well as... Mayor Suarez: Both. Yes, they're both going to be involved whether we designate them or not, but I guess we ought to go ahead and... 163 March 8, 1990 LA 14s. Orovitz: As well as the Mlramar PTA anal I don't. kn-ow what you.. Mayor Suarez: We will... Ms. Orovitz: ...and I don't know you do about the DDA, the DDA. Mayor Suarez: We will work with all the groups. The DDA is already enough of an issue here. Don't bring it up if you want to win on this. Ms. Orovitz: I'm not winning anything. Mayor Suarez: We have a motion and a second. Call the roll. Mr. Fernandez: Mr. Mayor, point of order. Mayor Suarez: Yes. Mr. Fernandez: You must disregard the resolution that I distributed to you. Mayor Suarez: Oh, we've disregarded that a long time ago. Mr. Fernandez: And so the record must be clear... Mayor Suarez: We've been disregarding it all day. Mr. Fernandez: The record must be clear that the recommendations of - or the comments made by Mr. Bailey and myself has been disregarded and you're proceeded... Mayor Suarez: You got it. Mr. Fernandez: . . . o n $ a new RFP. Mayor Suarez: Disregard all of that. All right, call the roll. Mr. Bailey: I'm not clear. What... The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-218 A MOTION DIRECTING THE CITY MANAGER TO PREPARE A REQUEST FOR PROPOSALS (RFP) FOR A MAUSOLEUM TO BE - DEVELOPED AT THE CITY OF MIAMI PROPERTY LOCATED _ BETWEEN NORTH MIAMI AVENUE AND N.E. 2 AVENUE. ON N.E. 19 STREET (ADJACENT TO THE CITY OF MIAMI CEMETERY); FURTHER STIPULATING THAT SAID MAUSOLEUM SHALL NOT HAVE -_ A FUNERAL HOME ASSOCIATED WITH IT; FURTHER STIPULATING THAT SAID RFP SHALL BE BROAD ENOUGH TO ALLOW FOR PROPOSALS THAT WOULD ENTERTAIN REVENUE PRODUCING MECHANISMS THAT WOULD PROVIDE NECESSARY MONIES TO _ MAINTAIN/UPGRADE THE CITY'S CEMETERY, AT NO COST TO THE CITY; FURTHER STIPULATING THAT THE RABBI OF TEMPLE _ ISRAEL AND REPRESENTATIVES OF THE EDGEWATER AREA WORK TOGETHER WITH THE ADMINISTRATION TO ASSIST IN THE PREPARATION OF SAID RFP. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: -- AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller Dawkins Mayor Xavier L. Suarez = NOES: Commissioner Miriam Alonso ABSENT: None. COMMENTS MADE DURING ROLL CALL: 164 March 8, 1990 Ccmmi_ssi_onar. Phtrnmer: T think T know, what, T'm t?ntirig for .ind the ansu?er is yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: OR, thank you for your input. Go to work. on it. UNIDENTIFIED SPEAKER: Thank you. 56. DISCUSSION CONCERNING CITY'S CURBSIDE RECYCLING PROGRAM - REQUEST ADMINISTRATION TO PROVIDE COMMISSION WITH MONTHLY REPORTS. ---------------------------------------------------------------------------------- Mayor Suarez: Item thirty... what have we got? Vice Mayor. Dawkins: Forty-six, I think. Mayor Suarez: Forty-six. So we can get through quickly and get to an item that was specifically set for 6:00 p.m. and we're a little late on that. Forty-seven. Curbside recycling program. Vice Mayor, do you have any further inquiry on that? Vice Mayor Dawkins: Yes, sir. First, I'd like to know how many cities in Dade County are participating in the recycling demonstration project, sir? Mr. Joseph Ingraham: As far as Dade County, participating with Dade County, there are approximately seven or eight at the present time and there will be more. Under the agreements that they have signed with certain cities, but they're coming on gradually. Vice Mayor Dawkins: OR, and we get how much per year as a demonstration? Mr. Ingraham: At the current time, $600,000 from State of Florida. Vice Mayor Dawkins: Six hundred thousand? Mr. Ingraham: Six hundred thousand dollars, and then it will. be $538,000. But currently our first award was $600,000. Vice Mayor Dawkins: That's City of Miami. Mr. Ingraham: Yes. Commissioner Plummer: For how many years? Mr. Ingraham: To the City of Miami. Vice Mayor Dawkins: And we'll get that for how many years? Mr. Ingraham: To 1994. Vice Mayor Dawkins: So, it's a five year demonstration project? Mr. Ingraham: That's correct. Vice Mayor Dawkins: The County got how much as their share? Mr. Ingraham: I really don't recall. It's over a million dollars for their share. Vice Mayor Dawkins: Now, if we... we are going to pick up the recyclables, is that correct? Timm? We pick up the recyclables. Mr. Ingraham: Yes, we are. Vice Mayor Dawkins: And we're going to sell the recyclables. Mr. Ingraham: Yes, we... 165 March 8, 1990 Vise taayor T)awkin,,: JThat do '17e do with the recycl ibles when there is no market? Mr. Ingraham: That is a universal problem as far as recycling is concerned, Commissioner. If there is no market, there is no sales. We'll have to be creative in reference to working that out with our vendors, or seek other vendors, or do some other things, but that is a bottom line problem in recycling universally. If there is no market, you can't sell the goods. Vice Mayor Dawkins: All right, now, the places that have been doing recycling, they have reached that stage where they have a serious problem in that they have recyclables that they can't do anything with and they've gone back to land fills. See, so I just want us to be aware that this recycling, we got to look beyond picking up the recyclables. OK, on the other side of it, Mr. Ingraham, we are to put our recyclables at the crab. Mr. Ingraham: That's correct. Vice Mayor Dawkins: Which will contain aluminum cans, paper, and etcetera. What do we do when the wanderers, for the lack of a better word, know that we are working and we put our recyclables on the curb by 6:00 o'clock in the morning and the recyclable truck does not get there until 10:00 and these people come by and take all of the aluminum cans which we are going to sell. They take all of the paper and you come and find an empty container. What are we going to do then? Mr. Ingraham: We have the option of increasing our code enforcement in those areas, during those particular times, .and then the other side of that is in reference to enhance law enforcement as it relates to it. In the City of Tampa, as I've stated before, they've even gone as far as providing that function to specialized law enforcement people just for recycling. The plus side of that, even though it's a negative inquiry, in all due respect, is that, that's still an avoidance cost to the City. It is the only way that you can address that is to put more people on the street to enforce the time period and for people not to collect them. That's the only solution to that. Vice Mayor Dawkins: So, I'm a homeless person, I'm collecting cans, homeless, I've got nothing to lose, so you're going to put me in jail, so what? Along comes another homeless person, you're going to arrest him and put him in jail and the next day, another homeless person comes by and takes the aluminum cans so we're going to arrest him and put him in jail. I mean, that's not the answer. See. Now, and I say this, because this is a demonstration project. We are supposed to demonstrate the best way to handle recyclables. Mr. Ingraham: That's correct. Vice Mayor Dawkins: That's why the state of Florida is giving us $600,000 a year to develop a recycling program. Mayor Suarezt What indications do we have already that people are beginning to steal the stuff? Mr. Odio: It is working except for one small area... Vice Mayor Dawkins: Not only... we have evidence that they're not only taking the cans, they are taking the containers. Mr. Odio: That is happening. Vice Mayor Dawkins: OK. Mr. Ingraham: I think - Commissioner, in all due respect, to the citizens of Miami, I think we owe a great deal of applause at the current time. In less than 12 actual days of recycling collection by our department, we have over 35 percent participation by citizens in Miami and I think that is, indeed, remarkable under a demonstration project. Your question... Mayor Suarez: We're not asking about participation by the citizens, we're asking about participation by other than the citizens takini, the stuff. Mr. Ingraham: It has been minimal to this point. It has been minimal to this point. 166 March S, 1990 El Mayor Suarez: Thank you, that's what I tainted tin know. A1.1 right, anything else, Vice Mayor? Vice Mayor Dawkins: Um hum, now, at the end of the five year demonstration project, in the event that this City decides that it cannot do the recycling and it gives the recycling quote, unquote, to the private sector, and then the private sector finds that they - now, you're going to give it to them - and they find that they cannot collect it at this without a loss and they decide that. they want "X" dollars per household to collect these recyclables, how do you, Mr. Manager, plan to come up with the revenue to pay the private hauler for taking our recyclables when we are at the millage height now and I would not vote for a users fee. Mr. Odio: That's a good question. Commissioner Plummer: The answer is, he's not going to worry about it because he knows he won't be Manager in five years. Mr. Odio: That's right. You forgot. But, no, I think that's why you call this a pilot program that... I don't know how recycling is going to work. I think it's a good concept, I really do. I believe that it is a good concept. How is it going to work? We have to find out after the first six months on the problems that we have and identify them. And I cannot tell you what the answer will be five years from now, but I'm sure what always happens, they pass it on to the taxpayers, which is wrong, but... Vice Mayor Dawkins: OK, then - how much do we pay the County as a dumping fee now? Mr. Ingraham: Thirty-six dollars. Mr. Odio: Thirty-six dollars a ton. Vice Mayor Dawkins: Annually, in dollars? Mr. Odio: About eight and -a -half million dollars. Vice Mayor Dawkins: We pay the County now eight and -a -half million dollars for dumping our garbage in a dumping facility that's located on the City of Miami's property... Mr. Odio: That's the.... yes. Vice Mayor Dawkins: ...and the County charge us this. Mr. Odio: Let me quali... Vice Mayor Dawkins: Now, when they get ready for the recyclables, evidently the dumping fee is going to go up. So what are we going to do? Mr. Odio: Well, let me qualify something. We have instituted this program where now, the Solid Waste unit had agreed to dump directly into the County's main facility, so the cost is not thirty-six, but twenty-seven. We're saving $9.00 a ton. Vice Mayor Dawkins: We're saving $9.00 a ton. Commissioner Plummer: Whoa, whoa, whoa, whoa. Mr. Odio: Oh, yes, yes. Commissioner Plummer: No, no, no, no. Mr. Odio: Yes, yes, yes. Commissioner Plummer: What's it costing you to transfer it out there? Mayor Suarez: Whoever, says no or yes one more time is going to be out of order. 167 March 8, 1990 Mr. Orlio: It's very, very minimal, very rrdni.mal. Commissioner, hpca:i^e the additional hour they are working is already included in their work. Commissioner Plummer: I'm talking about... Mr. Odio: It's a minimal of fuel. Commissioner Plummer: I remember when we were urged to give the property on 20th Street, we were told that we would save over a million dollars a year by not having to run our trucks all the way out and all the way back... Mr. Odio: Sure, but at that moment... Commissioner Plummer: ...and that was one of the reasons we negotiated that property. Mr. Odio: When they talked you out of that property, the cost for dumping was $4.00 a ton and it's now $36.00. The nine dollars we're... Vice Mayor Dawkins: OK, Mr. Manager... Commissioner Plummer: And is there not an indication it's going to forty? Mr. Odio: Yes. Vice Mayor Dawkins: We have people who are tired of being here just as we are. So, I will move, Mr. Mayor, that we cut off discussion, and I will get with the Manager... Mr. Odio: Yes, sir. Vice Mayor Dawkins: ...but I would suggest that monthly you prepare a report for us so that we could know how the recycling is going and then we'll be able to make a decision at the proper time rather than having to spend time trying to determine why we got to make a decision. Thank you, Mr. Mayor. Mr. Odio: No, we need your help in one particular area, I wanted to talk to you about. So, I will talk to you later. Vice Mayor Dawkins: OK, thank you. Thanks, Mr. Mayor. -------------------------------------•----------------------------------------- 57. BRIEF DISCUSSION CONCERNING THE SETTING OF THE CITY'S LEGISLATIVE PRIORITIES FOR 1990 STATE LEGISLATIVE SESSION. Commissioner Plummer: Dawkins, the next item is yours. Vice Mayor Dawkins: Forty-eight. Mayor Suarez: Item 48. Vice Mayor Dawkins: Mr. Manager, who has set the legislative priorities for the City? _ Mr. Odio: No, we have legislative, but we don't have a priority. I want you to do that. I wanted... Vice Mayor Dawkins: All right, when do you... the legislature meets next month. When do you plan to have us set priorities? Mr. Odio: Well, I wanted to do it today, but, obviously, we won't have time. wanted to do it today. The other way would be for all of you to send us what we have in front of you, to send us a notice on what you prefer to be priority one, two, three. Commissioner Plummer: What's the deadline for filing bills? Vice Mayor Dawkins: Oh, that's September. 168 March 8, 1990 Mr. odi.o: September. �-,IP... Commissioner Plummer: Filing bills? Mr. Odio: No, we have - what? -three weeks? Commissioner Plummer: When is the deadline for filing bills for this session? Excuse me? There is a deadline. Mr. Aurelio Perez-Lugones: There is a deadline and... Vice Mayor Dawkins: Tell him, Seth... Mayor Suarez: Somebody, he has no authority. Mr. Perez-Lugones: Whatever you have, Commissioner, tell us and we will file the bill. Commissioner Plummer: I think the deadline is already passed, so how are you going to file a bill? Mr. Perez-Lugones: Well, I'm saying that.... Mr. Odio: No, because now see, we have to pursue one particular one that you want to have prioritized. Vice Mayor Dawkins: Mr. Plummer, what I was interested in doing is us giving a unified set of directions to the lobbyist. The last year, I had a lobbyist lobbying for something and somebody on the Commission had the lobbyist lobbying against it. See, so I don't want that to happen this year. So I would like for us, you know, to decide what we're going for so we know what we're doing, that's all. OK, thank you, Mr. Mayor. Mayor Suarez: Thank you. 56. ACCEPT DONATION OF IMPROVEMENTS AT CORAL GATE PARK FROM WARNER -LAMBERT COMPANY ($30,000) IN CONJUNCTION WITH THE "PRIDE OF MIAMI PARKS" ADOPT - A -PARK PROGRAM. Mayor Suarez: Item 49, Coral Gate Park. And we've done 50 already so we're pretty close to the last two items. Coral Gate Park renovation. Commissioner De Yurre: Yes, sir, Mr. Mayor... Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: Mr. Mayor, I have some very good news. Mayor Suarez: That's what we need. Commissioner De Yurre: For a change. Commissioner Plummer: Past due. -- Commissioner De Yurre: And that is that we have Warner-Lambert Corporation that is willing and asking to adopt Coral Gate Park to do improvements to it, to the tune of $20,000. And I have here, and I'll pass it out, pretty much an idea of what they're planning to do. They're planning on resurfacing the infield that we have, the baseball field. They're also adding numerous trees and palm trees in the park and also adding a couple of chickee huts to be used for picnics and things of that nature. The only thing that they're asking in exchange is that they be allowed to put for the period of one year, a little sign underneath the sign of the park, just recognizing the fact they made that contribution, and having their name placed there for the period of one year. So I would move... Commissioner Plummer: How little is little? 169 March 8, 1990 a 0 C"ommisgIoner Al^nsn: 7 knp- you *=sere going i.o ask t.h?t. Commissioner De Yurre: Your basic little sign. It can't be any bigger than the existing sign, that's for sure. It's got to be underneath it. But I think it's wonderful that they're willing to step forward and help that park, which is much used by our community, and I would so move at this time that we accept their donation and go ahead and allow them to put, once they're through with their contribution, to put for the period of one year, their name underneath the park adopting that Coral Gate Park. Mayor Suarez: Absolutely. OK, that's in the form of a motion. Do we have a second? Vice Mayor Dawkins: Second. Commissioner Alonso: Yes. Mayor Suarez: Any discussion? If not, please call the roll. Commissioner De Yurre: OK, are you guys going to add the water fountain that we need? UNIDENTIFIED SPEAKER: No, not yet. Commissioner De Yurre: But you will? UNIDENTIFIED SPEAKER: At this time, no. Commissioner. De Yurre: Nod your head. Nod your head. Commissioner Plummer: Victor, please. UNIDENTIFIED SPEAKER: At this time, no. Commissioner Plummer: At this stage, don't even mention the word, water fountain. Vice Mayor Dawkins: Why not? Commissioner Alonso: Please. Vice Mayor Dawkins: We got one in... Commissioner Plummer: Please. Commissioner Alonso: Otherwise someone will ask for $500,000 Commissioner Plummer: I got a big one I'll give you. Vice Mayor Dawkins: ...Bayfront Park. Commissioner De Yurre: OK. Mayor Suarez: Let me ask for quiet. Can we nave some quiet in the chambers, please! We're close to the end of our agenda. Commissioner Plummer: Not close enough. Mayor Suarez: And even if we werent', we need a little quiet in here. OK, call the roll, Madam City Clerk. _ Commissioner De Yurre: Hey, and before you do that, I just want to also recognize, because he's here and he's worked very hard on behalf of the City, Humberto Arguelles, who has been working very closely in this effort and also - with our lighting, our City parks program that has beer. quite successful, so I want to congratulate you on the record. OK, go ahead. Mayor, Suarez: Call. the roll. Commissioner Alonso: Great. 170 March 8, 1990 10 The foll.owi.ng rp.so.li tion eras intro.iticecl by Comm cirnF�r Da xttrrP, who moved its adoption: RESOLUTION NO. 90-219 A RESOLUTION ACCEPTING THE DONATION OF CERTAIN IMPROVEMENTS WITH AN ESTIMATED VALUE OF $30,000 FROM WARNER -LAMBERT COMPANY FOR CORAL GATE PARK, LOCATED AT 1415 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, IN CONJUNCTION WITH THE "PRIDE IN MIAMI PARKS" ADOPT - A -PARK PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: And it also includes the purchase of new water sprinkler heads that we also need there. And also, just for the record, they're going to paint the exterior of the Parks Recreation building. So, we've got all of that. I vote yes. Mayor Suarez: OK, we're going to need, as soon as you finish the roll call, Officer, that group back here either they go outside to have their discussion, or they stay in here quietly, the chamber obviously is not as large as we'd like it to be. But we can't afford to build another one, so... 59. EXECUTE PLAT: GRAN CENTRAL. Mayor Suarez: OK, item fifty... Commissioner Plummer: Mr. Mayor, can I bring this item up that's on a deadline? = Mayor Suarez: Yes, Commissioner. Commissioner De Yurre: Thank you. THEREUPON, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: I so move, Mr. Manager and the City Attorney will verify that this is nothing more than a change of verbiage that is necessary to complete. I so move. Commissioner Alonso: Second. Mayor Suarez: So moved and seconded. Any discussion? If. not, please call the roll. 3 171 March 8, 1990 AML The following r.-soDition wis int.rodiiced by Commissioner Phimmer., who moved its adoption: RESOLUTION NO. 90-22.0 A RESOLUTION RESCINDING RESOLUTION NO. 89-1050 ADOPTED NOVEMBER 30, 1989, AND ACCEPTING THE PLAT ENTITLED "GRAN CENTRAL SUBDIVISION", A SUBDIVISION OF THE CITY OF MIAMI 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.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 51. Mr. Jorge Fernandez: Mr. Mayor, point of order. Item 50, you voted on it earlier, but because it was announced for later time, you need to open it up briefly to see if there is any objection. Mayor Suarez: OK, is there any objection to the vote that we took previously on item 50? -which I don't remember what it was, but you should if you object to it. Commissioner Plummer: Florida City Police Department. Commissioner De Yurre: Police. Mayor Suarez: The which? Commissioner Plummer: Florida City Police Department, Mr. Fernandez: Donating surplus vehicle.. Mayor Suarez: The future, hoped for, donation of some vehicles to the Florida City Police Department. Vehicles that we deem to be unsafe and dangerous, but they want them. OK, let the record reflect that no one stepped forward... NOTE FOR THE RECORD: At this point, Mayor. Suarez inquires of the public if anybody objects to agenda item 50 having been voted on earlier in the meeting. No protests were recorded. 60. (A) MODIFY PROPOSED NEW ZONING ORDINANCE FOR AREA BOUNDED BY BISCAYNE BOULEVARD, N.E. 4 AVENUE, N.F. 18 STREET AND N.E. 20 STREET TO HAVE SAID AREA IN THE SD-19 DISTRICT WITH A SECTOR OF 2.4 AND F.A,R. OF 3.0. (B) SECOND READING ORDINANCE: REPEAL 9500 - SUBSTITUTE NEW ZONING ORDINANCE - R.EGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, AREA PER DWELLING UNIT, PARKING AND SIGNS - PROVIDE FOR ADOPTION OF OFFICIAL ZONING ATLAS AND PLANNED DEVELOPMENT DISTRICTS, ETC. - PROVIDE FOR RESPONSIBILITIES AND FUNCTIONS OF CITY COMMISSION, OFFICERS AND BOARDS, SPECIAL PERMITS AND EXCEPTIONS - PROVIDE FOR APPEALS FROM 'ZONING ADMINISTRATOR AND PLANNING AND ZONING BOARDS, ETC. -------------------------------------------------------------------------------- Mayor Suarez: ...and we're on item 51. Next to the last item of the day. Mr. Guillermo Olmedillo: Mr. Mayor, Commissioners, item 51 is the zoning ordinance for the City. We were at the point that you closed the public hearing to... Mayor Suarez: We had closed the public hearing, we had heard from everyone? Commissioner Alonso: Yes. Mr. Olmedillo: Yes, sir, and two Commissioners were absent and there was the.,. Mayor Suarez: And we had made many, many modifications, carved out exemptions or exceptions or whatever. Do we need to go into any of that? Is everybody satisfied? Is it just a matter then of entertaining a motion and voting on it? Commissioner De Yurre: Well, the one that's still remains questionable that I - have an objection to, and I hope that it will be clarified here today, is the fact of the special parking district for the Jackson Memorial. Mr. Olmedillo: Yes, the special district number ten, which is the Jackson Memorial Parking district, that's the one that you put on hold and you said to delete it from the present ordinance, or the present proposal, and... Commissioner De Yurre: It's excluded right now. Mr. Olmedillo: That is excluded right now, yes, sir. Commissioner De Yurre: OK, what would be the procedure, as far as getting it included after the fact? Is there one? Mr. Olmedillo: You got two opportunities, you either open the public hearing tonight and once it's open, then you open new issues. The second would be within the next three months, we're going to bring to you any perfecting changes, or anything that we find which is wrong within the ordinance, and we'll bring it back to you within the next three months. Commissioner De Yurre: OK, so then, during the next three month period, we can - whatever concerns I have, can be hopefully satisfied, or expressed, and then we'll take it from there and then it can be included in the package. Mr. Olmedillo: That is correct, sir. Commissioner De Yurre: OK, thank you. Mayor Suarez: What about. Mr. Shea's project? What does he need? Does he have somebody representing him here, or has that already been taken care of? OK, counselor. If we gat into this, are we reopening the public hearing? Mr. Fernandez: Yes, you must. 173 March 8, 1990 Mayor G;uArez: Ah ha, and, of roiir^e, all the mear,G is that potentially someone else may want to piit scmethi.n in the record. All right, why don't you go ahead, sir. Hopefully, people will be conscientioiis of the fact that:: we previously heard 99.9, what we thought a hundred percent of all this. Sam Poole, Esq.: Mr. Mayor, my name is Sam Poole. I'm an attorney with Holland and Knight with offices at 1200 Bri.ckel.l Avenue. The proposal, the reason for bringing it before you tonight is that we'd like to begin construction in July and without your approval at this date... Mayor Suarez: Really! -I mean, you're actually going to begin building there? Mr. Poole: Yes, sir. Mayor Suarez: That's good to hear. We need development there. We were just discussing before the whole area of the OMNI and the development that's needed, and then on Biscayne Boulevard would be ideal. Mr. Poole: The proposal that we're making would amend the language under section 619.1 dealing with intent to simply say that, the area bounded by N,E. 4th Avenue and Biscayne Boulevard, between N.E. 18th and 19th Streets, would be included within the SD-19 district, and it would be designated on the map as having an FAR of 3.0. Mayor Suarez: And, at present, it is? Mr. Poole: At the present time, it's 1.72. The plan takes it to 2.42, but at a six month date hence. And we need to go ahead and start with the plans and know what the full project is going to be now rather than waiting. Mayor Suarez: Oh, the plan would, in any event, take it to 2.42, but you need it at 3.0, and it's right immediately north of the Omni? -between 18th and 19th? Mr. Poole: That's correct. Mayor Suarez: Yes, my feeling is that we should have been looking at changing the FAR north of the Omni and increasing it pretty much all the way up the Boulevard to hope to create more, generate more development there. Do you have a recommendation, Guillermo? Mr. Olmedillo: We II, the only problem that you are going to run into, the developer is going to run into, if you're amenable to the change, is that we have a six month provision to make the ordinance effective, so they couldn't do anything within the next six months anyways, even if you charge it, because the change would have been then to 9500 which is what we did in past hearings, not to the future or the proposed ordinance. Mayor Suarez: Why do we have a six month provision? Mr. Olmedillo: Well, it was included din the proposal that this have a six month provision so that anybody who's working in the middle of a project right now will not be either downzoned, or affected negatively to give... Mayor Suarez: We're not downzoning here, we're upzoning. Mr. Olmedillo: People may be affected negatively. It's like, for instance, - in the parking increase parking requirements, people may feel affected negatively and they're like halfways in a project. The six month provision is standard so that people can finish out the projects and the... Mayor Suarez: So what are you saying then? -you pass it on... WE Mr. Sergio Rodriguez: You pass it today. - Mr. Olmedillo: Pass it on second reading and its effective six months from today. - = Mr. Rodriguez: September. w Mayor Suarez: Oh, I see. It sounds like you can't... 174 March 8, 1990 Commissioner Plwnmer: But, is that thr, gitest.jon? I t.hcught t:hp question wis! in reference to the FAR and those blocks north of Omni. Mr. Rodriguez: Right. But the question was that the reason why they were interested in getting this done... Mayor Suarez: Excuse me, Sergio, we need some quiet in the back, please. If you need to have a discussion, you must go outside the chambers. I'm going to have to shout here. Mr. Rodriguez: The reason why it was... sorry. The reason why this was brought up tonight is because they say that they want to break ground in July, and we're clarifying, for the record, that the ordinance would not be in effect until six months from today,... Mayor Suarez: I see. Mr. Rodriguez: ...if you follow the recommendation that we have in the ordinance. Commissioner Plurmaer: Wouldn't that affect everybody then? Mr. Rodriguez: Everybody is in the same boat, yes. In the meantime, you have zoning ordinance 9500, which is the one that is in effect until that time which is the one that you took an action on last Commission meeting, February 15th, in which we rezoned the whole City to comply with the comp plan, comprehensive plan. Commissioner Plummer: Yes, but if you don't do that, then you're going to have a change of the comp plan twice a year. Mr. Rodriguez: No, that's a separate issue from this. Again, back on the issue that they have, they were saying that they would like to have this zoned today for the opening groundbreaking in July. Even if you were to approve it today, they cannot do that under this ordinance because the ordinance would not be in effect until September, six months from now. That doesn't mean that if you want to act on today, you can act on today, you know, and you can entertain an amendment to that particular area of the City. If you want to, you can have what is called an SD-19 with a sector of 2.4 and that, together with the provision that we have on linkages, of 25 percent increase, you will allow them to arrive to the floor area ratio that they are looking for for this area. Mayor Suarez: They'll get just about to 3.0? Mr. Rodriguez: Three point zero. Mayor Suarez: Sam, Counselor, what do you propose, what's the most logical thing for you to do? Mr. Poole: The logical thing, we would think, would be to approve this tonight recognizing that we won't be able to use the full FAR, but we can begin knowing what the project is going to be and plan it out, the intermediate phase of the project will not exceed the current FAR. Mayor Suarez: OK, I'll entertain a motion to that effect. Commissioner Plummer: Well, excuse me, Mr. Mayor... Mayor Suarez: Yes, let me... Commissioner Plummer: ...are we talking about - let's get on a map here somewhere exactly and delineate what area this is. We're talking about a couple of blocks north of. Omni, well that could be to the east, to the west, to the north... Mr. Rodriguez: Yes, we have to define that on the record. _ Mayor Suarez: It's right along the Boulevard, I think, but, yes, why don't we show that to be absolutely sure. Commissioner Plummer: Well, let's get it delineated. :r 175 March 8, 1990 a Commissioner Alonso: B,.,t, SfriZ.io, th,p r_hgnRe is, .in effect. ?lr,e-A ly. Mr. Olmedillo.- It will be the area between N.E. 4th Avenue and Biscayne Boulevard, between 18th and 19th Streets. Commissioner Plummer: All right, now, is that contiguous to the south? Or is there a gap in there? Mayor Suarez.: Does it connect up to another zone with a higher FAR, or was it ,just sort of out there by itself, or what? Mr. Olmedillo: It's continuous to the Omni district. Mr. Rodriguez: Which .Is a higher FAR. Mr. Olmedillo: Which is an SPI-SD-6 in this case, it's going to be the special district six. Commissioner Plummer: What in the hell is an SPI-6? Mr. Rodriguez: It's a higher FAR. Mr. Olmedillo: It's the special district, and it's an FAR higher than this. Commissioner Plummer: This is simplifying the thing? Mr. Olmedillo: It's a net of 8 or 10, depending on the type of uses that you have. Commissioner Plummer: What is the density of an SPI-6? Mr. Olmedillo: It's an FAR of 8 or 10.... Mr. Rodriguez: To ten. Mr. Olmedillo: ...depending on certain bonuses that you may get. because you're... Mayor Suarez: Eight to ten depending on the time of the day and some other factors. What you had for breakfast. Mr. Olmedillo: Sun exposure. Commissioner Plummer: And how far north do you propose this SPI-6 and a half to go? Mr. Olmedillo: Nineteenth Street. Commissioner Plummer: Why not 20th? Mr. Olmedillo: Because the applicant owns and controls... Commissioner Plummer: Forget about the applicant. We're doing a general zoning ordinance. Mr. Olmedillo: Right, and our proposal was to get it any way up until 19th, that was included in the downtown master plan which you approved in principle, and that was... Commissioner Plummer: But what I'm saying is, 20th Street is a main thoroughfare which is a natural cutoff., Why didn't you go and recommend from 19th to 20th Street? Mr. Olmedillo: We were being consistent with the Comprehensive Plan that we had in the Downtown Master Plan recommendations that we had. Mayor Suarez: Wouldn't it make sense to extend the district, the overlay, all the way up to 20th Street at this point? -as long... r Mr. Olmedillo: Yes, if you wanted to do that, there's no reason why not. 176 March 8, 1990 i; Corrrmisslonec Pltlmm-r: T'm ngkinq }—u! T'rn asking ynii, does It, mako -:zPn-5 or it doesn*t make srnRE'? T1ot br!ciuCe something in the book says it. Does it make sense to go to 20th, which is a main thoroughfare as a cutoff? -or it • doesn't make sense. That's what I'm asking. -- Mr. Olmedillo: It makes good sense to go to 20th, you having that as a boundary. Commissioner Plummer: Fine, thank yowl Now, that's from the Boulevard how far deep to the east does it go? Mayor Suarez: You said northeast 4th Avenue. How many blocks is that? Mr. Rodriguez: Fourth. - Mr. Olmedillo: Fourth Avenue which is the same - the very next street to the east. Mayor Suarez: One block. Mr. Olmedillo: It's one block deep. Mayor Suarez: It's the abutting block. Commissioner Plummer: Well., Mr. Mayor, I would propose that if you're going to do such, that you take it to some kind of a known boundary, and 20th Street is a known boundary. It would only seem logical to me that, that's what it would be. Mayor Suarez: Yes, if... and then, if it were - the other alternative, I guess, would be go even higher, but we don't have any recommendations from Zoning, and we haven't done a study, so I guess 20th Street sounds good. I'd take it all the way up to 36th Street. Commissioner Alonso: Oh, my Godl Commissioner Plummer: No, no, no, you got... Mayor Suarez: Anything to engender development, but I don't think we're ready to do that today. Commissioner Plummer: You got too many residences in there. Mayor Suarez: I think the residents in Edgewater would be more than happy to see a little development on the Boulevard. But, anyhow, 20th Street? Do you want to build that into the motion? Commissioner Plummer: Well, I think it only makes sense, I'll build that into the motion, of course. Mayor Suarez: Yes. Mr. Rodriguez: I'm looking at the map to make sure that the motion will be - correct, and it will be 4th Street between 18 and 19 and between 18 and 19 and - 20, it will be approximately following the same line because it's a different - __ configuration of a block. Approximately following the same line that has been - established by the street in the avenue, 4th Avenue, alignment. That's the best way we can define at this point. Mayor Suarez: Keep the lines as straight and as simple and as easily defined as possible, please. It.'s complicated enough as it is. Mr. Rodriguez: Because the block is different, then you understand what I'm saying, the other block is like this and this block is like this. Mayor Suarez: Yes, the block is not identical in shape. OK, that's in the motion. Do we have a second? Commissioner Alonso. Yes, I second. .Mayon Suarez: Seconded. Any discussion? If not, please call the roll on that - we take this as a separate partand then we take the whole ordinance? 1.77 March 8, 1990 Commissioner Plummer: Who made the motion? Commissioner Alonso: You did. They say you did. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-221 A MOTION AMENDING THE ZONING ATLAS OF THE PROPOSED NEW ZONING ORDINANCE BY APPLYING THE SD-19 DESIGNATED FLOOR AREA RATIO OVERLAY DISTRICT TO THE AREA BOUNDED BY N.E. 4 AVENUE (EXTENDED) AND BISCAYNE BOULEVARD BETWFF.N N.E. 18TH AND 20TH STREETS; ADDING FAR 3 TO THE SD-19 AS MAPPED AND AMENDING THE APPROPRIATE TEXT SECTION (619.1 - "INTENT") APPROPRIATELY IN ORDER TO ACCOMMODATE. THIS 'ZONING CHANGE. Upon being seconded by Commissioner Alonso, 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You're smiling because you like all of this? You're not going to say anything Sheila? Great. All right, I'll entertain a motion as to the ordinance as whole, that we spent a lot of time... Vice Mayor Dawkins: Under discussion, prior. Mayor Suarez: Yes, Commissioner, Vice Mayor. _ Vice Mayor Dawkins: Does this allow you to put 8 units on a 50 x 100 lot? Mr. Olmedillo: This particular zoning district, or the entire zoning ordinance? Commissioner Plummer: No. Vice Mayor Dawkins: No, no... Mayor Suarez: The ordinance, as a whole. Mr. Olmedillo: Well, the unit count depends on the Comprehensive Plan, Vice Mayor. It depends on the... Vice Mayor Dawkins: I'll ask my question again, maybe I can get yes or no. Commissioner Alonso: If they go very high, yes, if not, no. Vice Mayor Dawkins: Yes or no? Mr. Olmedillo: In this particular piece of land, it is more than 8 units per net acre. It is more than 8 units per 50 x 100. Yes. Commissioner Plummer: Well, let me ask a question then. Under what we are doing in an overall ordinance, in an R-3 district, will this allow 8 units on a 5,000 square foot lot? Mr. Olmedillo: On an R-3, you have not only the limitation of the zoning ordinance, ycu also have the limitation of the Comprehensive Plan. 178 March 8, 1990 Mr. Rcdri.gtaFa..: YFs, depending on the Comp F] an. Yes, depending on the .limitation oil` the Comp Plan. Commissioner Alonso: In practical way, no. Commissioner Plummer: 'thank you for interpreting what he said. Commissioner Alonso: The answer will be no, unless they go higher and have parking underneath. Commissioner Plummer: Well, wait a minute, I'm still... but, the answer then is, yes, it can. Commissioner Alonso: It can if they go higher and they have the parking underneath. It's the only way. Mr. Olmedillo: No, they can't. Mayor Suarez: Conceivably, if the comprehensive plan called for it, which it doesn't, except in certain areas where we have argued whether it's a desirable thing or not. Commissioner Alonso: And it's very difficult that it will be done. Yes, it's possible. Mayor Suarez: Some of us believe it is. You, I believe were against, but we took a vote on that specific item. I mean, otherwise, there's no way to get the new ordinance in place. I mean, I hope I get three votes for it after all of these modifications we've made on it. And, therefore, unless there's any further questions, I'll entertain a motion on the ordinance as whole: that's taken us, I don't know how many years of drafting and hearings on it. Somebody please move it. - Commissioner Plummer: I'll make you a motion. I'll move to deny. Commissioner Alonso: Oh, my. =! Vice Mayor Dawkins: Second. Commissioner Alonso: Oh, now! Mayor Suarez: Moved and seconded to deny. Commissioner Plummer: And for the record, I'll state again, I don't think ti this, in any way, is what we set out to accomplish. We tried to get - simplicity so that the public could understand what we, the Commission, don't understand in coming about in a very simplified form, it has not accomplished that. And, in my estimation, that's what we really set out to do and, of course, in compliance with the comp plan. Mayor Suarez: Yes, Miller seconded it. If nobody else makes a substitute motion, I'll make a substitute motion right now, otherwise we'll never have an ordinance in place. Commissioner De Yurre: I'll make a substitute motion to approve... Z-i Mayor Suarez: The ordinance. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. OK, on a substitute motion., any discussion after many, many months and years of discussion and planning and drafting and consideration of neighbors input? If not, from the Commission, if not, please read the ordinance. Sir? Mr. 011ie Bonnert: Mr. Mayor and Commissioners. My name is 011ie Bonnert, I'm vice president, plant operations, Jackson Memorial Hospital, and I'd like to speak to the deletion of the special public interest district, SD-10, that was spoken to earlier. Mayor Suarez: Oh, I see Dr. Fogel there. 179 March 8, 1990 Mr. Bonnert: And ire are here... Mayor Suarez: What is the issue here? Does anybody know, from statf? -can we resolved this quickly? Mr. Rodriguez: We just discussed a few minutes ago, the decision. Commissioner De Yurr.e: The issue is that I asked that item to be excluded from this ordinance because I am not confident that, that is what's best for that area, as far as the parking is concerned, and since we have the opportunity to bring it back in about three months and have it included... Mr. Rodriguez: Ninety days. Commissioner De Yurre: ...then, you know, we're not losing anything and we have time to get together. Mayor Suarez: Does that create a problem for you? -that time frame? I don't... Mr. Bonnert: It will create a problem because right now, we have underway, plans for the shock trauma center, and along with the diabetes research institute, which could come und3r permitting and construction in that period. Also, I'd like to point out that we had gone through the entire process with the Planning Department, also with the Planning Advisory Board, and it went through two hearings here at the Commission, the last one being approved on November 3Oth, 1989. And we don't see any reason now... Mayor Suarez: Well, we didn't quite approve it, but we certainly discussed it as if we were going to approve it. Mr. Olmedillo: No, you approved it. Mayor Suarez: We approved it? Mr. Bonnert: You did approve it and it went through two hearings, so... Mayor Suarez: But that was on Comp Plan, 9500. Mr. Bonnert: And we have with us today Dr. Fogel, the vice president of medical affairs, along with Mr. Jay Weiss, one of the trustees of the Public _ Health Trust, and Mr. Stanley Tate, who is the chairman of the joint trust _ .i committee, could not be here,- today. - -y Mayor Suarez: I was going to say, where is Stanley? I don't see him. Y 6 6 Y Y - vR Commissioner Plummer: How are you going to build anything from what I read in the newspaper? Mr. Bonnert: Well, these are money that we are raising, as long as getting _ grants from the various government agencies. -' Commissioner Plummer:If it's Metro Dade County, I wish you luck. - Dr. Bernard Fogel: You know, the school of medicine is a partner with the... =i Mayor Suarez: Put your name on the record, Doctor, please. �+ Dr. Fogel: Bernard Fogel, vice president, dean of the school of medicine. We —_ have the privilege of serving this community and primarily the City of Miami. -: Between us, Jackson and the school of medicine have over 10,000 employees that come daily to that location. We have a billion dollar budget. To answer your question, we presently have, at the medical school alone, $50,000,000 of _ building projects going up, over $20,000,000 in final stage of planning, including the diabetes research institute. And coming on beard within the next several months is a shock trauma unit for which you have already participated and will cost about. $25,000,000. We would not be able to construct these facilities, and I think that it is going to have a very negative impact on the economy, clearly, our ability to grow, and while it's not a perfect solution, 1 respectfully request that you give reconsideration _ because I think it's going to have a very, very negative impact on everything that goes on in the medical center. 180 March 8, 1990 Mayor. Suarez: And the alternative, Wince main, Spre�o, v Dula be that ?.f yre exclude this from the ordinance, it's a three month process? Mr. Rodriguez: I'm sorry, I was asking a question. Mayor Suarez: The alternative, if we exclude this from the ordinance is that It becomes a three month process at best? Mr. Rodriguez: At best. Mayor Suarez: Are we that close to beginning the trauma center construction? Dr. Fogel: Diabetes is due to begin in late April, shock trauma, hopefully, within the next three to five months. Mr. Bonnert: We're in final working drawings. Mr. Rodriguez: Let me clarify something. Let me try to clarify something. In the action that the Commission took in relation to the Comprehensive Plan, the zoning ordinance to meet the comprehensive plan requirements... Mayor Suarez: When we adjusted it to... Mr. Rodriguez: ...that you did in February 15, this item was not excluded, so If they were to build within the next six months before this ordinance is repealed, they will pull a permit, they should be covered by that. In the meantime, in 90 days from now, when we come back with perfecting amendments, if you want to consider at that point, the changing of the ordinance to allow to put back again the overlay district, you can consider that point. Mayor Suarez: What does all of that mean? Mr. Rodriguez: it means that in the meantime, they can do it until six months from now, and three months from now, you can consider again putting it back in the ordinance because it's excluded from the new ordinance. Mayor Suarez: So, I guess, if they do it within six months, they're OK. If they take too long, they have to come back. Is that what you're saying? Mr. Bonnert: Well, are you... Mr. Rodriguez: That you have the chance three months from now to... Mayor Suarez: Unless we, by then, have then reinstituted this particular overlay district. Ha. Mr. Rodriguez: Right. Mr. Bonnert: Well, in all due... Mayor Suarez: You designed all this to confuse us, right? Mr, Rodriguez: No, you make a decision... Mayor Suarez: The state did. Mr. Rodriguez: You make a decision to remove it. Mayor Suarez: State of Florida in its wisdom with the Comprehensive Plan rules which we told them that we didn't need because we have a very specific zoning code, OK. Mr. Bonnert: In all due respect, we have gone through the process. We also - I don't know what the concern is because there were no objection at any time along the line, and it was approved unanimously by everybody along the way. And we have right here, you can see what we're talking about, this special interest district in which we have b,bbl parking spaces. And in there, according to the district, we're required to have 5,891, which leaves us a surplus of about 812 spaces, so we are wanting to use these spaces to build the trauma center and the diabetes research institute, which their requirements would only total up a total of about 350 of those spaces. 181 March 8, 1990 Commissioner Plummer: Sir, you would have a very tough time Justifying to me that you've got any surplus property of parking at Jackson hospital.. Tt doesn't exist. Mr. Bonnert: Well, there is - we can always find parking spaces. They won't be right next to where you want to park, but there are parking spaces available down on the campus.. Commissioner Plummer: Yes, it's called the planetarium, the Brickell station. Mr. Bonnert: No, no, no... Commissioner Plummer: No, hey, you know... Mr. Bonnert: ...in all seriousness, we have in our parking garage. Also, we are, in our plans, our long range plans, within the next three years, we'll be starting another parking garage. Right now, out of our, six thousand spaces... Commissioner Plummer: Would you clarify that for the record? It is not your parking garage, it is our City of Miami Off -Street Parking Authority that provided that garage of 1500 spaces. Mr. Bonnert: Well, in the existing parking, we are the ones who paid for it., and we do consider it on the Dade County property. Commissioner Plummer: Which you would have not had without our participation. Mr. Bonnert: We certainly appreciate that too. Commissioner Plummer; I wonder. Mr. Bonnert: And... Mayor Suarez: All right. It sounds like... Commissioner Alonso: That was a good move. Mayor Suarez: I'm not sure I understand the reason for excluding this either, but it sounds like its covered either way because I guarantee you if you had any problems getting your work started, and otherwise meeting with the six month time table, that we would make whatever adjustments you needed. At least for my vote. Commissioner Alonso: Me too. Mr. Bonnert: All right, I understand that, I appreciate that, but I don't understand the reason for its withdrawal. Mayor Suarez: I don't either. I don't know if it... Commissioner De Yurre: Well, he'll understand it when we get together. Mr. Bonnert: OK. Commissioner De Yurre: OK? Mr. Bonnert: Would you reinstate it and then we could... Commissioner De Yurre: Well, no, not quite. Mr. Bonnert: And then you could still... wouldn't you have the same opportunity to withdraw it? Commissioner De Yurre: No. Commissioner Plummer: Can I hear the reason why it would not be wise to include it at this time? Mr. Rodriguez: I think that Commissioner De Yurre mentioned it before that he was satisfied that he knew all the implications of this, and that was basically his position, the implications of the overlay district and whether 182 March 8, 1990 t;hAre were en^i:gh park-ing spaces, aid he di.cr't. i.inclNrata.nci agtiirt... I mean, I'm rephrasing... F_ Commissioner De Yurre: Well, basically, you know, I'm not sure that this is the right way to go. I don't think that this is satisfactory at this point in time, and I'm going to give them a chance to convince me during... Commissioner Plummer: OK, if they were to convince him let's say, within 30 days, can we make a change? Mr. Rodriguez: You could make a change when we come back in 90 days frr,.-a today where we're going to come back with a lot of correcting amendments. Commissioner Plummer: Is that going to be a big handicap to you for 90 days? Commissioner De Yurre: They just expressed their concern, and based on what Sergio said, they have no problem. Mr. Bonnert: Well, are we guaranteed that within the next 90 days that we're not going to be stopped because of... Commissioner Plummer: There's only two guarantees in life, sir. Commissioner De Yurre: Well, yes... Mr. Bonnert: ...as long as we're within this zoning. Commissioner De Yurre: Tell him those two guarantees, go ahead. Commissioner Plummer: Taxes and death and we wish they came in that order. Mayor Suarez: OK, I guarantee you, for myself, and I think there's two additional votes, probably all five, so with that left out, we have a motion and a second on a substitute motion to accept the ordinance? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Another district? Coiwnisnioner Alonso: Oh, no. Vice Mayor Dawkins: OK, before he speaks... Mayor Suarez: Yes, the hearings have been closed. I would have to be, you know, some incredible important thing. Vice Mayor. Commissioner Plummer: Mr. Mayor, the public hearing was closed at the last meeting. Mr. Fernandez. But it was reopened to consider it as a point of order. It was reopened to consider the presentation by Holland and Knight and the brief discussion that was had on the Jackson district. So, unless the Mayor calls the meeting, the public meeting, public hearing, closed, the public hearing is still open. Vice Mayor Dawkins: He just called... he just closed it. Mr. Fernandez: Then, it's closed. Commissioner Plummer: All I'm saying... Mayor Suarez: Yes, but before making that determination, Vice Mayor, go ahead and make your comments and I'm going to ask him what his matter of great import is. Vice Mayor Dawkins: OK. The public health trust will be getting a letter from me, and so will everyone else in Dade County that's an elected official. _+ June the 14th, 1948, the City of Miami couldn't take care of the indigents. -i J.L. Plummer is the one who made me aware of this. So, therefore, the City of Miami donated the land to Jackson Memorial Hospital and at that time, Jackson Memorial said - I mean, the County - we gave the land to the County with which to build Jackson Memorial and it says, the County agrees to accept. a 163 March 8, 1990 conveyance of said dPstcr1hed prop-r-ty on. nwi;nry 1, 191;0, st:hfect to the indebtedness aforesaid, and the county further agrees to provide for, take care of., and take full responsibility for the care of the sick and indigents and all charitable and welfare cases of Dade County anywhere In Dade County, Including all municipalities within the County." Dade County is supposed to provide the money to Jackson Memorial hospital to take care of the indigents. And I'm very uptight... Dr. Fogel: We certainly support that. Vice Mayor Dawkins: I'm very uptight with them jumping on you - I mean, on the Trust and Ira Clark because they have not done their share. Dr. Fogel: We appreciate your comments. Mayor Suarez: Thank you. Why should we even... Commissioner Plummer: Can I have a copy of that? Mayor Suarez: ...delve into anything else unless it's a matter of great public import? We've had so many hearings on this and we closed the public hearings. Mr. Juan Crespe: It's just a quick question. I represent Edgewater. My name is Juan Crespe. Office is in the City of Miami. After lengthy meetings with the Planning Department, we had reached certain conclusions, we hoped and inadvertently, they do not appear at all in the proposed ordinance. Mayor Suarez: Why not, Sergio? Mr. Rodriguez: Well, when we were doing our rezoning of the whole City, frankly we nover heard any more in our deliberations from them and... Mayor Suarez: It was a breakdown in communications. All right... Mr. Rodriguez: We met with them and, basically, let me try to see if I can simplify what they want you to... if I am correct, they would like to have SD- 19 with a floor area ratio of 2, between 20th Street and 36th Street in the northeast and between Biscayne Boulevard and... Mayor Suarez: Oh, because it is now what? -1.27 FAR? Mr. Olmedillo: 1.72, that's correct. Mr. Rodriguez: 1.72. Mayor Suarez: How about doing this in the next three months, Juan? Mr. Rodriguez: It's up to you. Mayor Suarez: Please, let's not, you know, drop the communications. It could really, really have an impact. It might really lead to some better development of the Boulevard. I'm familiar with that concept and supportive of it. I think the rest of the Commission would be too, if I had a little bit more time to deal with it. So, let's not drop it this time, and make sure it comes back in three months, please. Mr. Crespe: Thank you. Mr. Rodriguez: And let me make sure also, in the motion that you have before that dealt with the Chinatown area, that that included also an amendment to the text that will be required to go with this amendment to the atlas. Is = that clear? Mayor Suarez: That's a formality, I gather, you're telling me, because I sure _ didn't understand what it meant. All right, we have a motion and a second, any discussion on the substitute motion to approve the zoning ordinance, the — new zoning... r Vice Mayor Dawkins: The motion disapprove. - Commissioner Plummer: He's on the substitute version. - 184 March 8, 1990 0 0 Mr. Fer_nAndaz,: Have yoi.i closed t.ha public heari.n.g? Nave you closed the public hearings, Mr. Mayor? Mayor Suarez: Yes, the public hearings are closed. Read the ordinance. Mr. Fernandez: Second and final reading. An ordinance, with attachments... Vice Mayor Dawkins: Where is Al Cardenas? Mr. Fernandez: Excuse me. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE, WITH ATTACHMENTS, REPEALING ZONING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND SUBSTITUTING THEREFORE A NEW ZONING ORDINANCE TO BE KNOWN AND CITED AS "THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA," WHICH IS ATTACHED HERETO AS EXHIBIT "A"; MAKING FINDINGS, CONTAINING AUTHORITY, INTENT AND PURPOSE AND SHORT TITLE SECTIONS; REGULATING LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, LOT AREA PER DWELLING UNIT, PARKING AND SIGNS; PROVIDING FOR ADOPTION THEREIN OF THE OFFICIAL ZONING ATLAS, AND THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; PROVIDING FOR ZONING DISTRICTS, PLANNED DEVELOPMENT DISTRICTS, SPECIAL PUBLIC INTEREST DISTRICTS, HERITAGE CONSERVATION DISTRICTS; DEFINITIONS AND GENERAL REGULATIONS; DESIGN STANDARDS; NON -CONFORMITIES; PROVIDING FOR FUNCTIONS AND RESPONSIBILITIES OF CITY COMMISSION, OFFICERS, AND BOARDS; SPECIAL PERMITS; SPECIAL EXCEPTIONS; PROVIDING FOR APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF PLANNING, ZONING BOARD AND CITY COMMISSION; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT, VIOLATIONS AND PENALTIES; PROVIDING FOR AMENDMENTS AND A RESORT TO REMEDIES CLAUSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 180 DAYS AFTER ITS ADOPTION. Passed on its first reading by title at the meeting of January 25, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yu.rre, 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 Miriam Alonso Vice Mayor Miller. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11000. 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. [As you may note, the hereinabove number, 11000, has been assigned, out of _~ sequence, to the herein New Zoning Ordinance in order to facilitate all future reference to same.] s (Applause) �i UNIDENTIFIED SPEAKER: Congratulations, well done. 185 March 8, 1990 ANn F 61. GRANT APPEAL- AS MODIFIED - REQUEST REDUCTION OF MASS AND HEIGHT OF CONSTRUCTION - PRESCRIBE LANDSCAPING RFOUIREMENTS, ETC. - CONCERNING CONSTRUCTION AT PROPOSED DE GAR.MO ESTATES TENTATIVE PLAT (3952 DOUGL.AS ROAD). Mayor Suarez: Item 52. This is not De Garmo Estates by any chance, is it? It is De Garmo. The appellant is who? -or the objector. Appealed by objector. Is that Bruce Berckmans? John Fletcher, Esq.: Yes, Mr. & Mrs. Bruce Ferckmans, Jr. I'm John Fletcher. (Applause and shouting) Mayor Suarez: All right. You know, you have just won the distinction - you have won the distinction in four and a half years of being the most rowdy and out of control group that we've ever considered here. (Applause and shouting) Corunissioner Alonso: One question, one question. Mayor Suarez: And Aerckmans says it wasn't him. Commissioner Alonso: Why, Mr. Al Cardenas is wearing green? UNIDENTIFIED SPEAKER: Money! Al Cardenas, Esq.: Because I think you're going to find out we stand for more in common than they think and... Mayor Suarez: OK, well that's good. That's good to hear. All right, listen, seriously, we have had a long day... Commissioner Alonso: Green! That's all. Mayor Suarez: ...we need to get through this item. There are probably substantive issues here. Sometimes I wonder if there really are, but we're going to hear them and try to decide. So, please, the applause does not help, it just postpones everything, and reminds Commissioner De Yurre of the day he was elected when the throngs were there, as he just stated, and otherwise distract us from the work at hand. John. Mr. Fletcher: Thank you. My name is... Commissioner Plummer: But, what he doesn't realize is this is a recall group. (Laughter) Mr. Fletcher. Yes, Mr. Mayor, my name is John Fletcher. My address is 7600 _ Red Road in South Miami, and I do represent the appellants and his friends who are here with us this evening. If I may, this is an appeal from the Heritage Conservation Board, which board you know well, having essentially created it. That board approved a project that my people are opposed to. The project is =_ in an environmental protection - excuse me - preservation district, and a _ scenic transportation corridor, as well which, as you know, is on Douglas _ Road, as Main Highway comes into the Grove. And I'm sure you're familiar with the property. Now, there are a couple of things that concern them but before I get to that, I know you probably really don't need this reminding, but I'm a lawyer and so I'm obligated kind of to remind you of legal points, I guess, look like I'm doing my job. But in your "Environmental Preservation", Chapter 17, there are standards for approval by the board that we're appealing from of projects in these areas. And I think if we are just reminded of what those standards are... I'm going to be using that one. That's all right, thanks. Good move! Mayor Suarez: I thought that was a laughter box. It's the real thing. (Laughter) 186 March 8, 1990 Ask At MEA MA Mr. Fletcher: I won't drive you crazy, there`s a qet of about five standards, but there are two of them that are very, very pertinent here on the issue. And in section 17-11, subparagraph one, "That the development that's to be approved should, one, preserve the natural environment character of all sites insofar as practical... Mayor Suarez: You're quoting from? Mr. Fletcher: I'm quoting from 17-11. Mayor Suarez: I got the section. You're quoting from? Mr. Sergio Rodriguez: From the Code. Mr. Fletcher: The Code. Mayor Suarez: The City Code. Mr.. Fletcher: The City Code, yes, sorry. "...the development is to preserve the natural environmental character of all sites insofar as practical by minimizing removal of trees or other significant environmental features." There are several other, but I'm going to refer you to subparagraph 5, with ,your indulgence. "The development should maintain the continuity of, landscape material and spacing characteristic of the surrounding area or scenic corridor. If the development occurs along a designated scenic corridor, the principal natural landscape, or man made elements, which form the visual boundaries or enclosing space of the corridor, shall be preserved insofar as possible." Also, I might add... Mayor Suarez: That was also a quote from the Code? Mr. Fletcher: Again, that was subsection five of that particular section. And I want to stick with your Code, that's what governs in this particular situation. Mayor Suarez: I didn't know our Code was that literate and well written. Wow, that must be an unusual section of our Code. Mr. Fletcher: It's beautiful prose. Also your Zoning Code as to the category _ this is in, which is the RS 1-1 also has similar language about preserving the character of the area. The staff for the board that we're appealing from, issues what they call an evaluation sheet on applications for approval in -_ these areas. And if I could indulge again, simply by quoting some language from what the staff recommended, at the first meeting of the Heritage Board. They stated in this in reviewing the plan, and in front of me is part of the plan. I'm sure you've seen these documents. This is a 25 or 27 foot, depending upon the ultimate result of the last hearing, two towers 'with a connecting bridge, I guess - I don't know whether you want to call it a gate or some sort of entrance to the particular development that's to be approved. And I'd like to direct my attention to that first, if I may because that's one of the first things that the staff commented about in its report. And the staff stated, "The 8 foot entrance wall and gates, " these are the gates that we're talking about here, the 25 foot high overpass. "The 8 foot entrance wall and gates on Douglas Road are formal in design," this is your staff, by the way, "...massive in scale and out of character with other design features along the Main Highway scenic transportation corridor." This impact is somewhat lessened, but notice .it isn't relieved, however, because they are set back approximately 45 to 60 feet from the edge of Douglas Road. Forty-five to sixty feet, I guess, is half of a hundred foot lot, so you can picture in your mind where these would be from Douglas Road as people are coming in. The staff went on to talk about other aspects of the development suggesting that the board and the applicant may also wish to completely reconsider the formal, �_ symmetrical architectural and landscape treatment of the Douglas Road entrance. I know that you all, don't want to tell people how to design projects, but they do have to do it within your Code criteria, the outer Limitations of that. I'm not going to get into too many facts with you. I am going to point out that these particular - the entrance, which is 25 feet... I'm still at a loss, after several weeks of working with this, as to quite what to call it. But for this particular 25 foot entrance, it does not meet your Zoning Code standards. It's not a principal structure on a residential. lot. It's not an accessory structure because it doesn't meet the definition 187 March 8, 1990 of accessory 31tructiire, the two toy+-Pi•C that are connprt,nd. If it, were an accessory structure, it would be illegal anyhow, bergi.ise its in thm yard that abuts the street, which is not permitted under your. Code. Also, if they're _ going to put it in their private street, then they violate section 54.5-15 of your Code, which is a section that specifically precludes encroachments in either private roads or public str;:ets. It states, "no building or any other type of structure shall be permitted on or in any right-of-way or easement." And the easement, of course, they're talking about in this section, is the easement for a private road, the right-of-way being the easement. Mayor Suarez: Wait, are you saying that it might not conform with the Code because it's not mentioned specifically as a possibility anywhere in the Code? -or because you find that some place specifically, it is precluded or prohibited? Mr. Fletcher: Your Code is a Code of permission. That is, it has to state what is permitted and it precludes those items by saying no other structure. That type of language. So, yes, it is... Mayor Suarez: Well, I'm not aware our Code being that way throughout comprehensively, either by definition or otherwise. If that's the case, you're going to have to convince some of us of that, I think, at some point. Mr. Fletcher: OK, I'll pull that language out in a second in between other speakers, if I may. But we have a number of speakers who want to talk about this, including the tree problem of removing the trees. Rather than drive you crazy with the legal aspects now, I'd ask those speakers to come forward and start presenting you with a few more facts to deal with. OK. Mr. Tucker Gibbs: My name is Tucker Gibbs. I'm speaking tonight as a private citizen. I'm not representing anybody. I live at 3820 Bayside Court in Coconut Grove, and I want to talk tonight a little bit about the background of the environmental preservation district in the Grove and in the City of Miami, and then talk to you all about the character of this particular neighborhood, specifically the scenic corridor issue and the environmental preservation issue. Commissioner Plummer might remember back in 1973 and '74 when Coconut Grove citizens held a series of town hall meetings, the result of which was a Coconut Grove planning study which was adopted by this Commission in principle. Not this Commission, but the Commission then, in principle. Part of that planning study was the creation of a series of environmental preservation districts, and the environmental preservation district concept. This concept was adopted by the City Commission later on in 1975 and 176, particularly dealing with this site in Coconut Grove. There are other environmental districts throughout the City of Miami, but the City Commission said this area is an environmental preservation district. And I want to look at you all to think about the Code, because the Code defines an environmental district as a geographical parcel established by the City Commission, as significant natural or man made attributes in need of preservation or control because of their educational, economic, ecological and environmental importance to the welfare of the general public and the City as a whole. The Commission designated this site as such an environmental preservation district. Mayor Suarez: That was an enlightened thing to do. When was that? Mr. Gibbs: In 1975. In 1976, the Commission also designated Douglas Road, from Kumquat Street down to Ingraham Highway as a scenic corridor, and that was 70 feet of the right-of-way, plus 20 feet on either side of the road. They also said that a scenic corridor had all the attributes of an environmental preservation district. What we're showing you, and what we're passing around are a series of pictures that depict the neighborhood, and I want you to think about the neighborhood and the character of the neighborhood after what Mr. Fletcher had talked about. Picture A, which is the first picture you're going to see is a view from the Douglas Road, Main Highway intersection. I'd like you to notice looking down Main Highway, and lock at the number of trees and the canopy. This is a scenic corridor. This is what the City Commission meant when it adopted that resolution that designated this road as a scenic corridor. Picture B shows the Douglas Road, Main Highway intersection with a view of the northern part of Douglas Road from the entrance of this project. This is directly across the street from the project. Again, note the foliage. Picture C shows Douglas Road south of the project, and you might warit to note the entry feature to E1 Prado, which is a 188 March 8, 1990 subdivision that was creatPid in tho 1020's. W=i1tnr ire Garmo. -hr, lived on ne Garmo Estates, had something to do with that siibdi-,rision Pnd this is the Pntry feature to that subdivision which is four foot pillar with the words, El Prado, in stone. These stone walls are characteristic of this neighborhood, up and down Douglas Road, Picture D shows again Main Highway facing the De Garmo Estates in front of the Vanguard School, you can see it in the distance. Note the height of the trees in that neighborhood. This is the first picture - of - E is the first picture of the De Garmo Estates, the entry, and it's the southern side of the entry of De Garmo Estates and you can note the ficus and the royal palm behind them. Again, the next picture, which is picture F, is the northern part of De Garmo Estates itself, with the low rock wall, the -_ royal palms, and the ficus behind it, providing a solid green buffer. The same can be said for the next picture, which is picture G, which shows just "- south of the De Garmo Estates entrance, the entryway. Finally - well, almost - finally - you've a picture of the interior of De Garmo Estates taken from the right-of-way and you'll note that not only are there ficus along Douglas Road, -_ but behind there, there are oak and gumbo limbo that provide some native habitat. The point here is very simple. This is an environmental preservation district that the C'_y Commission selected as an environmental preservation district. You all designated it as such in 1975. The purpose of the district was to preserve trees and minimize development activity. It's right there in the Code. The key here is that the developer is not taking out = just some trees. You look at these pictures along Douglas Road, all of those -_ ficus trees, all of those royal palms are going out, every single one of them. There will not be that green corridor there any more and if that isn't altering the character of a neighborhood and a scenic corridor, I don't know what would. If you all adopt - if you all take their position that they can - get these tree removal permits and you will approve of the certificate of - appropriateness, you are sending a message to every developer in the City of _ Miami and every developer in Coconut Grove, that environmental preservation districts and scenic corridors are meaningless. If they're meaningless, this board should take the action to abolish environmental preservation districts. They are existing here because you all put them there. So our position is, that you should approve the application of the appellant here and deny the certificate of appropriateness. Thank you. (Applause) Mayor Suarez: A couple of procedural rulings here so we can get this done right. Do you have many more speakers besides the appellant and the two of you that are spoken so far? Mr. Fletcher: Yes, we have several planned speakers. I'm not quite sure how many of those people who are here also wish to speak additionally. But we have a few more planned speakers. Mayor Suarez: OK, I did let you know initially what would be a logical total amount of time, but I'm going to try to limit you to 25 minutes, which means you've used up 14, you've got about eleven left. Under the Code, you would have a right to no more than 2 minutes per person and you've used up substantially more than that, and they will have 25 minutes. Hopefully, they won't take up all of it, I don't know. But, let's try to stick to that, please, and that way we can get out of here before finishing hour of 9:00 p.m. Mr. Bruce Berckmans, Jr.: Mr. Mayor, my name is Bruce Berckmans, Jr. I reside at 3941 Midway Street. My wife, Leigh and I are the appellants in this case as I'm sure you're aware. I'll try and be very brief. Speaking to some specifics about trees and keeping it down. to a small issue, one of them, in particular, I'd like to mention is oak tree number 193, which I know Commissioner Alonso knows is the one in the middle of the road. After our meeting the other evening in the dark with a flashlight, I went again and looked at the tree to verify the following. The plan proposed will not work to save the tree. It leaves only three and three-quarters feet on each side of the trunk for roots, which isn't sufficient. The tree is an oak tree where the branches with three footdiameter trunk, the branches branch off from the trunk at about eye height, five main big branches. If you can find the tree under the pavers, you still got to have a lot of crushed rock and all. It isn't satisfactory, and then the thing that really kills the tree in the end is that to have the adequate right-of-way and the height of lb feetfor emergency vehicles, you have to shave off those branches, at three of the five that go up, so you end up with a sort of a stump. And this kind of preserving the canopy isn't going to work. Another thing that concerns us considerably 189 March 8, 1990 is at tbFA front, a::.ong Douglas Road. and S'1.1 pass out. copies if 1 may, of this. You notice that on that plan, this little sketch is shown. The yellows are the ones that are being transplanted and the red trees are the ones being removed, I won't go tree by tree, but basically, you're either transplanting or removing everything to put other ones in there and that's not preserving the canopy. There are a few issues about the towers that I won't address technically here, but whereas this proposal has been to take everything out and put a whole lot of stuff in to hide the towers, we don't think it's preserving the canopy the way a scenic transportation corridor should have it done, We're also concerned that a lot of the information on the tree survey, when you really go there, isn't quite accurate, and I'll only mention a couple. Commissioner De Yurre: Excuse me a second, so I can understand this. Do we have say, Sergio, as to the trees being removed or not? Mr. Rodriguez: You mean yourselves or the City administration? Commissioner De Yurre: The Commission. Do we have... are we in a position that we could... Mr. Rodriguez: The Commission. You can agree or disagree with the findings of the Heritage Conservation Board that agree to certain trees to be removed, certain trees to be left. So, yes, you have a say. Commissioner De Yurre: Throughout the whole project, Mr. Rodriguez: Throughout the whole project. Linda Kearson, Esq.: Or you can modify the board's decision. You have three options. You can affirm, reverse, or modify their decision. Commissioner De Yurre: Well, theoretically, so I can, you know, I can get a better grasp of this, theoretically, if we were to deny or to amend totally the recommendation of the board, literally, and no tree can be moved, then there's no way to get into this place. Is that what you're telling me? Mr. Rodriguez: Completely. If you - there are certain trees that will be... Commissioner De Yurre: So I can understand what's going on. Mr. Rodriguez: Yes. Basically, from this drawing that was given to us, there are certain trees which are in the entrance to the driveway, so if you don't remove some of them, you definitely cannot get in. Commissioner Plummer: How do they get in today? (Applause) Mr. Rodriguez: They have a different entrance configuration than this. Mayor Suarez: There she goes again. Commissioner Plummer: Oh, OK. Mr. Fletcher: Mr. Mayor, if I may address the tree issue by interrupting my client. Excuse me, client. Section 17-9 of the City Code has the criteria for tree removal. It states, "Criteria for removal. No permit shall be issued for tree removal from the site unless one of the following conditions exist. One, the tree is located in the buildable area or yard area where a structure or improvement may be placed that unreasonably restricts the permitted use of the property." The second is where you have diseased, injured trees, so forth. The third is a catch all of general. welfare of the public which I'm not sure of the validity of that but it's there, anyhow. So, therefore, there are standards that if you have to get in to put a road in, you can take trees out. If you have to build a house on a site, you can take trees out. But essentially, your Code says, other than that, the trees stay. Commissioner Plummer: Well, let me a;,k a quick question. Mr. Fletcher... Mr. Fletcher: Sir. 190 March 8, 1990 join � Commissioner I'.1urnmer: ...are yoti, for tl;e record, indic_at.i.n.g that of gall of these codes that you're quoting, that. this Application is improper before t.ts? Mr. Fletcher: The appeal is properly before you. Commissioner Plummer: Are you saying that the application, as it is before us, is improper? Otherwise, I don't know why you're quoting all of these codes and all of that. Mr. Fletcher: Yes, yes. Exactly. What we're saying, and I'm sorry that if I wasn't clear on that, the application that had been approved by the Heritage Board, is an illegal one. It does not meet the criteria that is set forth in here. That's why these people are speaking to show you that what was approved is out of character with the area, permits the removal of trees in violation.... Commissioner Plummer: Out of character is one thing... Mr. Fletcher: Yes. Commissioner Plummer: ...are you saying that the application, in your estimation, before us, is illegal? Mr. Fletcher: The appeal - this is an appeal. Commissioner Plummer.: I understand... Mr. Fletcher: The appeal is legally before you. Commissioner Plummer: Not the appeal, sir. Mr. Fletcher: Right. The application... Commissioner Plummer: The application, are you stating, for the record, that in your estimation that the application before us is improper or illegal? Mr. Fletcher: Yes, sir. Commissioner Plummer: Mr. City Attorney, you've heard the contention. 1 ask you, sir, is this legally before us or not? Ms. Kearson: Yes, sir, it is and we differ with Mr. Fletcher in terms of the other provisions he quoted. For example, section 17-11 are merely standards to follow. These are not mandatory requirements. And, in fact, if I may quote from the Code, it says, "...these standards are intended to provide a frame of reference for the applicant as well. as provide a basis for reviewing plans and proposals. These standards are not to be regarded as inflexible, and are not intended to discourage innovation or creativity." Furthermore, he quoted section 54.5... Commissioner Plummer: Just for the record, Madam City Attorney, I only asked yes or no. Ms. Kearson: Oh. Commissioner Plummer: But you go ahead and editorialize all you want. Mr. Fletcher: If I may, this raises a constitutional issue and the City's been nailed with this before in court. Criteria have to be fixed. It can't be waived. Mayor Suarez: Well, that may not necessarily have to be argued here today because I guarantee you, as a matter of public policy, I, for one, intend to apply those criteria, so, and I presume the rest of. the Commission does too, so I don't know that we're mandated or aren't mandated... I read the Code to say that we are mandated to apply those criteria in a correct way so, I mean, I don't, as a public policy matter. But you were clarifying whether it was properly before us. Commissioner Plummer: Mr. Mayor, the only thing I was trying to establish was that if, in fact, the City Attorney agreed that this application was illegally before us, lets stop right now. 191 Marcy, 8, 1990 Mayor Suarez: I don't even think that's what he meant. It's not illegally before us, it's legally before us. You're arguing that the criteria, if we apply them as you see that we should, then, would lead us to disallow their project. Commissioner Plummer: All right, that's not what I heard, Mr. Mayor. He is quoting and as stated when I asked very clearly, is it you opinion that this application is illegally before us, his answer was yes. Mr. Fletcher: No, no. My answer was, the appeal. is properly before you. The application for approval... Commissioner Plummer: .John, you avoided my question twice until I pinned you down. That's why I said to the City Attorney, is it legally before us? Mayor Suarez: He did restate it and you ended up giving him a flat answer which I thought was confusing, but... Commissioner Plummer: OK, I've got the answer that I wanted, thank you. Mr. Fletcher: OK. Mayor Suarez: Thank you. OK... Mr. Fletcher: Mr. Mayor, just briefly. Commissioner Plummer, so you understand, the appeal is properly here. That's Mr. Berckmans's appeal. He's aggrieved because the board ruled against his interest. The application that was submitted to the lower board, it's our position, does not meet the criteria of your Code. OK. Commissioner Plummer: Thank you. Mayor Suarez: That's it. Mr. Berckmans: And I, in the interest of hurrying up and letting my neighbors speak, will conclude by saying, there are a number of defects in the tree survey. We think it ought to be accurate in order to be properly acted on. We also think the Heritage Conservation Board didn't do its job properly in that it didn't look far enough from the right-of-way into the site. It didn't look as far as the first edifice on the site. Mayor Suarez: Let me ask a question of our staff. And this is not necessarily a legal question, more like a resource question. How capable are we, as a City, that has many other functions here and tries to carry out other obligations, to do adequate and proper tree surveys to verify what they say may be correct or theirs? Mr. Rodriguez: We required that from the applicant. They give us a survey that is certified... Mayor Suarez: So it becomes sort of an argument between experts - let's say they bring their tree survey and they bring a different tree survey and then we have to figure out? Wow. Mr. Rodriguez: If it is certified and then if... Mr. Berckmans: That's not it at all. Mr. Rodriguez: The trees, by the way... Mayor Suarez: But our staff does not make an independent - I mean, do we have people who are qualified to make tree surveys? Mr. Rodriguez: Yes, the survey is signed by the surveyor. Mayor Suarez: Are you a tree surveyor? Mr. Rodriguez: No, no, no. The professional surveyor... Mayor Suarez: What good are you? 192 March a, 1990 El Mr. Rodrigc:ea,: I have been called other t.hingn, blrt I haven't. been cai.led tree surveyor yet. The survey that is submitted by the applicant is signed and sealed by a surveyor and it shcws every tree of every kind and the diameter of each one of them and so on. Mayor Suarez: OK. Mr. Berckmans: But it's not correct. I mean, there's mistakes. Mayor Suarez: All right, we hear you that you think it's not correct. All right, anyone else? Commissioner Plummer: Wait a minute, Mr. Berckmans? Mr. Berckmans: Yes. Commissioner Plummer: You are the applicant, sir, so I'll ask it of you. Mr. Berckmans: Great. Commissioner Plummer: At no time have I heard this evening any contention or any disagreement with the ten houses that are being placed on there. Mr. Berckmans: No. Commissioner Plummer: 'Thank you, sir. Mr. Berckmans: You have not and I don't think you will. Commissioner Plummer: Thank you, sir. Ms. Louisa Black: Good evening, my name is Louisa Black, 3016 Seminole Street. Mayor Suarez: Miss Black, while you do that, Madam City Clerk, are we pretty much at how many? OK, we're going to restrict every future speaker to two minutes. Let me warn you that counselor or anyone else organizing the group, that, you know, after a while it does begin to get repetitive. So please try to keep it as short as you can and to add anything new and if you simply just agree with what's been said, you can give us your name and your address and any group you may represent or yourself. Ms. Black: Yes, sir, I just want to go on record that the Tigertail Association does not approve of the development as it is presented because of the -- it's totally out of character for the area and because of the destruction of our trees, the further destruction of our trees, if I may add. Mr. Bob Vallador.: I'm Bob Vallador, I'm president of Coral Gate Homeowners Association and I'm also here representing the Miami Homeowners Coalition. k This situation reminds me of a supermarket application where the supermarket = itself was OK, but then they went too far and the additional things that they want to do would have a negative impact into the area. This is the same thing here. I don't think anybody's objecting to the homes and I think everybody's looking forward to having those type of homes in that area but I think they're - objecting to is the negative impact that the little extras are going to cause to the neighborhood and, you know, I can draw the parallel very well and you all were there. And also, the problem that we're having is that as was mentioned before, without being too redundant, you have a responsibility to the City. We must make sure that everything .is done properly and is done with care and with respect for the neighborhoods and also respect for the areas. Thank you. (Applause) Mr. Pan Courtelis: My name is Pan Courtelis. I live at 3612 Bayview Road, and I'm the president of the Bayview Road Homeowners Association. I'd like to read a petition that we've signed that I'd like to have entered into the minutes of tonight's meeting. "Petition. The property at 3952 Douglas Road is an environmental preservation district, and it's at the intersection of two scenic transportation corridors. New construction should enhance and prer�erve =" the environment, character, and integrity of the area. Therefore, we, the undersigned residents and property owners in that portion of Coconut Grove 193 march 8, 1990 adianent t-o, o.r. 1.n the vicinity of 3052 Do1iglas Road, strenuously o .jQct. to _ the developers si:bmittr*d 'tree plan and Doeiglas Road entrance proposal. He respectfully request, that you deny the Heritage Conservation Bonr.d's certificate of approval regarding these items." I'd like to just make one more comment. Our street, Bayview Road, intersects Main Highway right before Main Highway intersects Douglas Road. We all turn into there in the evening _ when we come home, we all leave out from there in the morning on the way to work. This type of formal, monumental designed entrance feature - you know, architects always like to talk about languages of architecture - this is a = very formal, monumental type of language of architecture which is totally out — of character and magnitude with everything else in this part of south Grove. It goes against every reason why we moved to south Grove and why we live there and pay... Mayor Suarez: You're talking about the entrance? Mr. Courtelis: Yes, sir. (Applause and shouting) Mayor Suarez: The problem with that argument, unless I'm mistaken, is that, that is not necessarily - the fact that is not one of the criteria that we are supposed to be evaluating, whether we think it's out of character or. not. As to the monument, as to the archway, whatever you call it. Mr. Fletcher: Excuse me... (Crowd noise) Mayor Suarez: Please, please, please. If we have any more interruptions, we're not going to be able to get through this and there's going to be other dire consequence,, you're going to be hanged and drawn and quartered, and everything else. Yes? Mr. Fletcher: Yes, it talks about your Code, the man made structures as well as the environment having to be consistent with the area, and in character with the area. And these people all believe, as I do, that this particular monumental type of entrance feature is not in character with the area. Mayor Suarez: OK, I thought we regulated that., John., with high density use and so on, and not with just sort of a general statement that things have to be in keeping with the... Mr. Fletcher: No, no, the criteria that I read before are those that apply to this because it's in the scenic corridor and within the preservation district. The Zoning Code... Mayor Suarez: Yes, I interpret that to the natural environment, but anyhow... Mr. Fletcher: Yes, all right, the Zoning Code also does govern in addition, of course. Commissioner Plummer: Let me understand and from anyone of the department. I was given information that told me that this arch or this gate or call it what you may, is 60 feet from the road. Is that correct? Mr. Fletcher: According to the report... Commissioner Plummer: Excuse me... Mr. Fletcher: Oh, I'm sorry, I thought you were asking... Commissioner Plummer: I was asking of my high priced help. Mr. Joe McManus: Yes, sir. Yes, sir. Commissioner Plunaner: Sixty feet? Mr. McManus: Yes, sir. Commissioner Plummer: Thank you. 194 March 8, 1990 a ale", ANNk Mr. Tri Abr-n,-! Fir. Tla 6r. R1^mh� rc- of thl Commission, my nR"le lq Tra Abramms. I live direc.tl.y to the south of the subject. property at 3737 F1 rrado Boulevard. Foy neighbors, Ken De Garmc, the grandson of the De Garmo after whom the De Garmo Estates are - rather. his son. I would like to show you, if I may, a picture of what the subject property looked like before the trees were planted there. This is 70 years ago. As you can see, it was scrub brush, coral rock, totally undeveloped, there are some trees way off in the background, but there are no trees on the property whatsoever. Commissioner Plummer: That looks .like the Mayor's house. (Laughter) Mayor Suarez: You've just reduced the valuation of my home by... Commissioner Plummer: If you could only now get the mortgage reduced. Mayor Suarez: I'll be satisfied if they just don't value it too high. We ought to send this to Carl Hiaasen of the Miami Herald to show him what it used to look like. All right. Mr. Abrams: The point is that this picture was taken in 1910. It took 70 years or more, 80 years, for those trees that are now on the property to grow to the extent that they have. These are not small trees. These are major, major trees. The developer will take each and everyone of those trees out with the exception of very, very few. I have this vision of a possible future very close to us now, I've come from a hard day at work downtown, driving down through village center, going into the Grove, with relief, I'm greeted by a wall and canopy of green. I head through Main Highway and then, all of a sudden, I approach the light at Douglas and Main Highway only to be greeted by a monolithic, 25 foot high, 12 foot wide, 12 foot deep, tons of concrete - where green used to be. That's not what we're here for, Mr. Mayor, and members of the Commission. We need these trees. They're important for all of us, not only those of us who live in the Grove, but to all of us in the City and in the County. Mayor Suarez: OK, thank you for your statement. (Applause) Mayor Suarez: OK. Wrapping up. Please, please. Ms. Mary Weber: Good evening, Mr. Mayor, members of the Commission. My name is Mary Weber, and I live at 3900 E1 Prado Boulevard, and we are here to speak to you this evening as people who have voted with our presence to preserve the Coconut Grove we love. But when you look around these chambers, you see only a tithing of the thousands of constituents who have voted with us, voted with their feet by choosing to call Coconut Grove home. It may seem on the surface that we are here this evening to ask you, the City government, the government of the City of Miami, to stand between the citizen and his vision. That we seek government interference with an individual's rights, but that would be the superficial reading. You are actually being called upon to choose between the rights of two groups of individuals for we citizens of Coconut Grove, free agents all, also hold a vision. The mandate for your intervention already exist^ within the framework of our differences. What we ask of you this evening is to intervene on the side of those individuals, the constituency of Coconut Grove, who have chosen the vision of Coconut Grove as it is, a vision so quintescessentially beautiful and diverse so as to be forever beyond the creative efforts of any one man,. Thank you. (Applause) Mayor Suarez: OK. Mr. Bob Fitzsimmons: My name is Bob Fitzsimmons. I live at 2512 Abaco Avenue. I am the president of the Coconut Grove Civic Club, I'm a board member of the Chamber of Commerce and I'm also a member of the Heritage Conservation Board, from which this appeal came. I may throw a wrench in it, one, I have to ask the City Attorney, or ask Mr. Mayor to direct a question, whether or not they have considered whether the tree removal permits issued here comply with the County Code, because section 24.2 of the Code of Metropolitan Dade County governs tree removal and one particular section, "No 195 March 8, 1990 Munici.pa.l_ or County officials chat i ia tree permit for romnval that c?ofc not comply with the provisions of this ordinance." And I don't, think this has been considered in issuing this permit. Now, on the general. issue - I speak here as an individual as is mandated by Code, since I sit on a City board - but we're talking about a very important issue to Coconut Grove and to the City. We're not talking about just taking out a few trees. Everybodys familiar with this area and everybody knows how pretty it is and I want you to consider how many people drive by this everyday and how many people enjoy this natural feature. And we're talking here, by allowing somebody to carve out those trees and replace it with concrete, to change the heart of south Grove and not just this little area, it's going to change it forever and you are our leaders. We're asking you not to think. today as a business person and worry about the carrying cost of a developer here, we're asking you, as our leaders, to protect an asset for all of the City. Not just Coconut Grove, not even the City of Miami. It's all people that drive through that area. That is a very special, natural environment that we ask you to preserve. (Applause) Mayor Suarez: You know, I'm going to... Does that complete the presentations, I hope? -because it really is getting cumulative and I think it's going to be harmful to the case and as to the canopy and the impact of driving through there, any of us that have driven to Key Biscayne are impacted by that entry into Key Biscayne or parts of Coral Gables know what the feeling is and appreciate it so you don't really have to restate that too much. What are you doing on that side? Mr. Jim McMaster: Just one second, please. Jim McMaster, 2940 S.W. 30th Court. As far as the tree survey is concerned, you do have Sarah Eaton, your Heritage Conservation officer, who could... Mayor Suarez: She's an expert tree surveyor? Mr. McMaster: ...go down and double check the survey. Very briefly, they list 48 Phoenix palms on their survey. There are none on their property. The HC board reviewed this application and along Douglas Road, you'll see them in your pictures, if you look down Main Highway across Douglas Road at, the front of this property, you'll see a row of royal palms looking at you. They call almost all of them Phoenix palms. These things are 40 feet high and they... Mayor Suarez: That's a horrendous thing to do. Mr. McMaster: ...and they give them the wrong name. They also call a tree with a 2.3 foot trunk, 30 feet high, 35 foot spread, an oak tree; it's an orchid tree. Another tree with a 3 foot trunk, 30 feet high, 40 foot spread, they say, you know... Mayor Suarez: When you say, they, you mean their surveyor. Mr. McMaster: Their survey. Mayor Suarez: OK. Mr. McMaster: Your feet, spread 40 feet, 19, they say it's an tulip tree. Commissioner Plummer: first one was 384, the next tree is number 22; height 30 they say it's an oak tree; it's a strangler fig. Number oak, it's a 2.2 foot trunk, 30 feet by 30 feet, it's a I'm going home and chop down all my trees. Mr. McMaster: In the picture today that's in today's Neighbor that has Mr. Caccimani and his brothers in it., they list both these trees on the survey as _ cabal palms. Being a palm freak., I can tell you this tree right here is not a cabal palm. The entire tree survey is flawed, not only what they call the trees, but their location is also wrong. Thank you. Mayor Suarez: OK, we've taken notice and put into the record by your statements, all of those alleged contradictions and I would expect that counsel would either, at this point, or at some later point, endeavor to clarify that or correct it if he thinks it's wrong. How much time have we taken roughly on the opposing side? -which is actually the appeal, in this case. 196 March 8, 1990 MINOR,- Mimi III � o Ms. Hirai: Thirty-five on this si-de, Mr. Mayor. Mayor Suarez: OK, let's go. Al Cardenas, Esq.: Thank you. Mayor Suarez: Try to keep yours shorter, presumably less people and so on, so maybe you can take a little less time. Mr. Cardenas: Yes, we won't have any witnesses, Mr. Mayor. Mr.. Caccimani. and I will do the whole presentation. Obviously, I believe that words of a lawsuit have floated around City Hall and I see someone transcribing the documentation, so I have to be rather thorough in my presentation and preserve the record... Mayor Suarez: We understand. Mr. Cardenas: ...but I'll move as quickly as I can. For the record, my name is Al Cardenas. The Mayor, members of the Commission and with an address at 1221 Brickell Avenue. I'm pleased to be here on behalf of the De Garmo Estates and our clients, Caccimani Development. Corporation, and the Caccimani family, who's here with us today. I recognize in the audience, as I look around, a lot of faces whom I highly respect, both personally, socially, and professionally and even politically, and I can tell you that I know them to be people of good judgment and a good sense of fairness and I am extremely relaxed at being able to approach this Commission and tell our story and hope that they who, for the very first time, are hearing what I have to say and the client has to say, will allow these few minutes to be telling you about our project because, frankly, the conclusions reached by most of the advocates, the appellants have brought forth, are conclusions that I share and that I know that my client now does. Now, I have not been a part of the 8 month pro�onged process that my client has gone through in dealing with City staff, the Heritage Conservation Board, and the neighbors and other folks, and so I'm - not intimately familiar with the give and take which has transpired in the past. I know there is a vast difference between the original proposal that the client made to the one that was eventually approved by the Heritage Conservation Board, and the proposals that we're about to advance even further here tonight this evening. And I hope that when you're passing judgment as neighbors on what it is that we're proposing for this, you'll take into consideration the fact that my client and us have been discussing his project for perhaps eight days, ten days at the most, and I hope that your conclusions are reached based on what it is that you hear from us this evening as to what it is we actually have in mind. Because what we have in mind is, I would say, considerably and substantially different from those concerns expressed by those folks who spoke on your behalf today and with whom you've shared those thoughts and anxieties which all of us, I think, share, preserving the Grove, its ambience, and its trees, which were the very reasons why we created the - environmental preservation districts and the scenic transportation corridors. Now, before I get into the constructive, I think pleasant, and positive side of our proposal, and that is our clients description of what it is that the De Garmo Estate really consists of and not what you've heard here this evening or what you've read in the papers and, incidentally, everything we say, of course, is being said under oath and we're committed to legally comply with every statement that's been made here in addition to that which have been presented. But there are a couple of things I have to technically, for the record, before we get into the merits of the case, set forth, Mr. Mayor, members of the Commission. Number one, I think all of the discussions we're having regarding the trees are properly before you pursuant to chapter 17 as counsel for appellants have stated. And that is because the trees and the intent of the chapter are well set forth and are well within your confines and I specifically even draw your attention to section 17.2 which is the intent of the chapter. It's rather, I think, ambitious and we intend to live up to it, by the time our presentation is concluded. And those ambitions are to preserve and protect trees and other significant and environmental features within the City, to require that the design and construction development activity be executed in a manner consistent with the preservation of trees and other significant environmental features to the greatest extent possible. And _- to provide guidelines and review procedures for controlling development activities which may alter, destroy, or be detrimental to existing trees significant environmental features. And those are, I think, ambitious goals and I think by the time... 197 March 8, 1990 Mayor- Su.Arez: Suppose that - if 1 may interrupt you for a second - wP were to UP find that all of those objectives could be served and you could still, build the units that you intend to build there without removing or altering a single - tree, couldn't we go in that direction legally if we found that way? Mr. Cardenas: I think you have, as counsel stated, for the City, three alternatives: you can uphold the decision of the Heritage Conservation Board, or you can deny it by siding with the appellant, or you could, in essence, modify the approval of the Heritage Conservation Board with your own request and modifications, which would he part of the record. We would then have a - right to proceed according to ,your modified request, or we would have to start the process all over again. Let me, if I can, for the sake of - constructiveness, remind this board that we've been at this for 8 months already. That a just a blanket approval of the appeal in question and a - blanket denial of that which the Heritage Conservation Board unanimously approved, would result in having us to go back through a process which would = delay us at least four or five months to just get back to where we were with the Heritage Conservation Board and the conclusion of that process, so if this Commission sees merit in some of the statements that are being made, I do hope that you'll consider the modification alternative if you find that appropriate, rather than a yes or no, which would be totally detrimental and I think, unfair, based on the process that's gotten us before you. Let though, - comment - and that goes as to the trees and the ambience that section 17, chapter 17.2 tries to set forth for us. Let me then, get very specific about the gate entrance, if :1 can. As counsel well knows, chapter 17 applies to, I think, matters that are part of its goals and objectives. The gate entrance that is being proposed is clearly outside the scenic transportation corridor and, as such, let me respectfully suggest to you, my understanding of this chapter 17 certainly does not provide this Commission or Heritage Conservation Board with the jurisdiction of past aesthetic judgment on that which my client = thinks is an appropriate solid design which he's about to go into and explain to you. And I wanted to make sure that the record properly reflects that fact to be the case. This gate entrance, I repeat, is not, is not, within the scenic transportation corridor and when you ponder your alternatives, you ought to make sure that you focus your - the limits of your jurisdiction in accordance with that which is properly before you. I'd to, at this time, quickly call Mr. Caccamani to run us through the project, reveal to those of you who are here what it is that he actually intends to do. I assure you, in conclusion, by the time you finish hearing him, that there will be no loss of trees on this site, as a matter of fact, the site will be enhanced by 300 more trees than there are now. And so I hope, when you hear this... well, don't shake your heads. We're under oath, we have a client who has submitted a plan which, I hope, all of you have had the occasion to review. There are 59 trees which were of the 300 some trees that are currently on site, not 200 or 300, there were 59 trees which were originally proposed by the client to be removed of the 300 some that are on site. We're here to tell you this evening, that all of those trees will be replanted within this property and will stay in this property, those 59 trees. The other 200 some trees, obviously will stay where they are. But, in addition to that, we're going to plant what I consider and the client considers to be extremely expensive, extremely beautiful species to the tune of 300 some additional trees. And so, by the time you finish looking at what these lots and the general areas are going to look like and you compare it and I'm being very candid with each of you who are here because we have the pictures, to the homes in the surrounding area = owned by many of you who are here, I think you will have to candidly admit that each of these lots will have substantially more landscaping than 90 percent of you who are here today have in your own homes. And I think you can't ask more than that in sense of fairness from a developer than to provide buildable lots, all of which have more landscaping that your own homes have. And I think if we can meet that test, I think we can, hopefully, meet your sense of fairness. Let me, if I can, ask the client to make his presentation. Mr. Carlos Caccamani: Good evening, Commissioners, my name is Carlos Caccamani, our address is 3326 Mary Street. Mr. Cardenas: W1►i1e he's doing that., let me remind the Mayor and this Commission, as well as those in attendance at the public, that every time there's a building permit that is going to be requested for each of the buildable lots, that we're proposing, any trees that, are sought to be removed _ has to go before the Heritage Conservation board for a full public hearing and if appealed, to you. So, keep in mind'that, as to each of these ten buildable 198 March 8, 1990 =w lots, eAch of those lots and each of thoGP pr03pr.ta i.ndlvldu^lly, have to be submitted before the Fle.r.it.age Conservation Bonzd for permission to remnvp any trees that anyone seeks to be removed. So the public hearing process is far from over, and it's a very tedious process, and each one of those homes for which a building permit is going to be sought needs to go through that whole process that we have had to go through for the project at large. And I think that's important to be placed on the record. Also, Mr. Mayor, when wa conclude our presentation, I'd like to ask Mr. McManus from the City to officially state the City's position which I have not heard yet, for the record. Thank you. Mr. Caccamani: When we acquired the property close to eight months ago, we i took a very hard look at it from the point of view of developing this from architectural planning, the vegetation, and the fact that it is a sensitive historical area and it's an environmental also sensitive because it has certain natural formations that make this property very unique. In the process of doing that, we analyze all. of the previous plans that were proposed to the City which at not point took into consideration any of the existing formations, or the De Garmo house that is an historical house, so in our planning process, we came out with a street design that will preserve as many trees as possible. As a matter of fact, it preserves all of the natural depressions, it preserves a large oak and then we created a very unique _ entrance that solves the issue of entering directly into Douglas, in creating also a buffer zone from this community to the Douglas entrance. So we have pushed everything back close to GO feet by doing this because we push almost 30 feet plus the setbacks so we have created a buffer zone. This unique design has minimized the amount of trees that have to be removed and I think is extremely sensitive in response to what exactly has been debated here, the fact that it is a historical and sensitive environmental place. So our plans _ show how the sensitivity has been taking place. The trees that we have proposed to remove in the majority, they are some skinny trees that nobody has taken care of them. They are in the majority ficuses and some avocados and _ some mangoes, and when we proposed to remove the ficuses in the front, we didn't do it as a capricious situation because I personally like ficuses. This is not a native species that we have in this particular point and we would like to show the pictures that these ficus in a very bad stage. Also, as architects and developers that we are very sensitive and we like the Grove as much as you do. I'm a personal resident in Coconut Grove and we love the De Garmo Estate because, you know, he was the first architect in Florida so it's something that we hold very dearly to us, as architects. And we have designed a special lot for this house that is twice as much as the other ones. It's an extra large lot, it's almost 20,000 square feet where the Code requires only ten. We're going to preserve the house and the house is going to be totally restored. So from the historical point of view in Coconut Grove, there is many types of architecture, and you can see them along Main Highway, and you can see them among Douglas. This house has set the mood for what architecturally has to be because it is, you know, one of the first house and like Mr. Abrams show, you know, it was built, you know, in 1921, so there was nothing there before. There is only another of the De Garmo houses. So, by setting the pace in the design, what we did is we researched the De Garmo style of architecture to come to a conclusion of what kind of entrance should we do because there is a natural depression in front of the house and this depression totally covers because it has a very dense foliage, it covers the house and we believe if we're going to register the house with the Historical Registry and we have to make a statement outside that reflects what this house is going to be because, otherwise, it's going to be lost in the background. Nobody's going to ever know that the house is back there, only the people who are here present today and that's it. So, when we designed the entrance that so many people have criticized, it has been designed with the original ideas of Walter De Garmo and somebody mentioned an article today, even Ken De Garmo mentioned it, in this case some of the neighbors had been going overboard because it is within his father's context. If he would have built this in 1921, it would have been based in this particular design. We went through the archives and we researched it, all of their designs and that is almost 3,500 homes that he designs, and it has been a very extensive and long process and by looking and observing, learning about the way that he saw, we came out with a design of the towers based - and this is a little example of some of his homes. So we didn't come out to design this entrance like some people say, well, it's a triumphal entrance, it is not a triumphal entrance. It is design with Walter De Garmo original ideas, it is designed to emphasize that this side cannot be iust one more community. It. is the community where the house of Walter De Garmo is, his personal house, it is an historical site. It has 199 March 8, 1990 IMM to be preserved and his to be in c.hnr,�cter with the hollce inn that i-c i,,hgt 47e have done. We have proposed it at the sign that does that. Also, in reference to the trees, we propose to remove the ficuses, being no native, being a very aggressive species, being a sick tree and everybody is invited to go and take a look at it.. To make those trees healthy again, it will take so much amount of trimming that we have seen lately that it will be a less canopy that the new trees that we plan to bring in. We under a very great, you know, - effort and compromise and also financial strain. We decided to change those for 13 very large oaks and we have compromised publicly to be between 25 feet in height and 16 inches in caliber and I don't see any developer doing that today in Miami, as a matter of fact, in the whole state of Florida, very rare. - Maybe Disney World might do it. This is basically a reference to the plans so, as you can see, the trees are being removed are not like the major trees - or any of the oak trees or anything like that would just and we, like Mr. Cardenas says, we are removing 59 trees that we are willing at this point to - keep, we're just destroying them because these are bad trees. And we have, as - it is in record with the City... excuse me, there is a lot of junk trees, - there is a lot of trees that are dangerous, and we have trees that have fallen down that are close to 60 feet tall because it is a low root system and it has created also a hazard for some of the house. You wouldn't like to have a tree that is going to fail on top of your house and it is a hazard. Excuse me, _ =_ you're invited to go, we have a 60 foot tree that just has fallen in one of the depressions, and it is a fact that these trees, some of them, are no good trees. And this has been reviewed, not by me, but by our landscape architects who review all of the trees. We are proposing a new plan that is all native species and is close to 300 trees; 148 palms and like a 148 trees. So it's - very extensively and the City of Miami doesn't require as to replace that mane - trees. They basically will want you to replace it with an equal tree, or .o compromise with a couple of more trees. So, basically, with 15 inches tney _ _ were supposed to remove and only put back close to 80 and we're putting beck 300. And at this point, we're penalized because we're putting too much an.; we're being accused of being environmentally unsound. Well, you know, how much more do we have to put? Most people don't do anything and we came from - the beginning stating that we were going to put 300 trees. We want to put native species, we have preserved all of the original natural formations and we are restoring the De Garmo house. Some people were concerned about the fact that the entrance, it is too large. Well, as has been stated, we have recessed it back 57 feet total. We have a layer of trees in the front in palms, we have a secondary layer of trees, we have our entry wall, we have another secondary layer of palms, we have the royal palms. So basically, the _ entrance is pretty covered in a screen. OK, the entrance - some people mentioned that this is 27, 25. The actual height that you perceive on this entrance is 23 feet in height. We have provided oaks, the very large oaks that we have compromised to put in and we're going to show you how these oaks will screen this. We haven't shown here a lot of planting and birmming that will go on the bottom and it will create like a natural hammock that is more of what Coconut Grove is all about and what South Florida is all about because the ficus is not a native plant, that particular ficus that we have over there. So we have made an effort that we are not saying that we're going to take the ficus out and we're put grass. We are taking the ficus and the largest plants and replacing them with an oak. So the good intention is there, it's not like we're trying to say, hey, get a piece of green. This is a basic design, more or less, how the gates are going to look. The gates are going to be all done in coral rocks, coral and crustaceans. They're going to have antique and rustications to the walls, embedded coral. We have wood, we have the terra cotta tiles. So everything is going to be very soothing, is _ going to be very blending to the area. We have a couple of - we have many examples in Coconut Grove where this happens like E1 Jardin is only like a block away from this, where you have a house that is something that we _ consider a beautiful house and it makes a statement pretty much in the same style, and people don't seem to complain about that and that is only 15 feet away from the property line. Mr. Fletcher: Mr. Mayor, excuse me, could we have the City Clerk mark that exhibit so we can have it as part of the record? The one that was just put on the... Mayor Suarez: Do you intend to make that part of the record? I can't imagine that you wouldn't, why you wouldn't. Yes. Mr. Caccimani: Which one? 200 March 8, 1990 Mayor Suarez: Why don'tyo11 takri it n-:,er to him. Mr.. Caccamani: OK, we have made here special draftwhere we're showing _ Douglas Road and 'intersection between Main and Douglas. This here shows what the scenic corridor is now. This graph here, this lines that you see shows what a house can be built legally. We can come 15 feet away from the property line and our proposal, in a way, by pushing everything back, has respected this by avoiding - this is situation that happens in Main Highway now in front of downtown. Coconut Grove where a community that has a coral rock wall has allowed - and this is what people don't seem to realize because they don't care about what's going to go behind the wall - but it is very important because in this case, you can see this house is only 15 feet away from the property line and its incredibly invading into the area, it's super aggressive. You walk through there and you can see the house. In our — development, you will not be able to see the houses because they're going to — be pushed back incredibly. These samples as you see here, this is the proposed gate, the proposed gate is 35 feet away from the property line, it's 20 feet more than a standard setback would be so the impact will be much less than a house that actually would be built in this area that will extremely intrude on any kind of vegetation that is here. And you can see the new property lines that we have, we have pushed the lots back an immense amount from the original design, so our homes are going to be 15 feet further back than this point. So, we are lessening the impact into the Douglas incredibly and we're being accused of., you know, creating a high impart. We are not —_ because the entrance gate is back, it's a screen, we have replaced it with proper foliage, we have pushed that whole community. We have created like a buffer zone. Our walls are not immediately in the property now but everything has been set back due to the unique design that it has responded sensitively to this particular situation. Thank you very much. (Applause) Mayor Suarez: Anything further and then we'll wrap up and have Commission discussion and vote. Mr. Cardenas: Thank you, Mr. Mayor, members of the board. In conclusion, as the client has stated before, we felt we had a much more impactful landscaping plan proposed than what's there now and I think all of the landscaping experts we consulted considered what we were proposing from a landscaping and environmental perspective, to be a substantial improvement over what's there now. We have met with the neighbors who had expressed a great deal of concern for example about replacing the oaks that we were proposing in the front canopy area and expressing a strong desire to leave the ficus and other foliage that's there in that canopy area as is. We wanted, for the record, to let you know that if that is the preference of the Commission, which was not the preference of the Heritage Conservation Board, or the landscaping experts or your staff, if you still felt that if that's what the neighbors wanted, and they ought to have a right to dictate to the developer what they want, the developer obviously would be willing to agree to leave what's there, there. It's a lot cheaper for him, a lot less effort, and if that's what the neighbors consider to be the most appropriate alternative, wily we're willing to accept it. We're willing not to remove any of the 59 trees regardless of the condition of the species. We think it's a shame. We think it runs against a current of what our experts have told us, what the City has told us, a lot cheaper than that which we proposed, but if that's what the neighbors want, and if they think they're on the right track, we're willing to comply and, therefore, the tree issue is a non issue as far as we're concerned. — (Applause) _ Mr. Cardenas: The second... Mayor Suarez: Please. Maybe you saw the handwriting on the wall, I don't know. _ Mr. Cardenas: ?do. I think that... well, I've been talking to the client about it for the last ten days arid, you know, I've told him that there's a strong feeling out there and we ought to hear what it says and I think that makes sense. I may not necessarily agree with you after listening to what -_ folks who know more about landscaping than I do, have said, but if that's the will of the people that's acceptable to us. I think that, frankly, they're missing out on something and they ought to have had a couple of experts in - 201 March 8, 1990 that field a&?icinR them and cornparF the .legpndc th?t wp hstd, hilt. t.:n'l.l. tyke their wisdom. Mayor Suarez: Well, at some point, if that. were the case and .if the trees, as your client has argued, in fact, do begin to wither and die or become totally unsightly, I don't think anybody, at that point, would disagree with replacing = them with something that... the pictures you showed us, and I have to disagree _ with my planning director there, assistant city manager, they look fine to me, you know, I mean, didn't they look so good to you and you said they were not = typical of that area, I, you know, I wouldn't necessarily agree with you on that anyhow. _ Mr. Cardenas: Thank you. In conclusion, Mr. Mayor, members of the board. We, in our proposal, have not had to ask for a single variance, special exception. We meet each and every Code criteria. We obviously disagree strongly with counsel regarding his comments as to the design or location of the gate entrance. We've met every criteria, we do not have to ask for any particular variances or special exceptions. The density is below that which the City zoning ordinance permits for that property. The house is, as the client stated, instead of a gate, he could have built a house in that particular site which would have been closer to the street, it would have been much more obtrusive to the scenic corridor as you go by, and so there's that viable alternative still there if what we're proposing is denied. We're 18 feet outside of 'the scenic transportation corridor. The entrance gate and wails are in keeping with the motif established for the City. If you look at Vizcaya, at the Mercy Hospital. area, Carrollton and De Garmo Estates, I think you see that there's a perfect compliment in the ambience that we're proposing. The landscaping, as I said, is no longer an issue since we're willing to live by the preservation plan that the neighbors have asked for except for the replanting within the site of certain trees that may be in the middle of a driveway proposal, but you're talking about four or five instances and they would be kept on site. The issue - they need to go before the board for tree removal on any of the buildable lots, so there will be a full public hearing on each and every of the houses that plans to be built there at which everyone is invited to attend. Lastly, this is a very unusual, beautiful project. A lot of research has been done into Walter De Garmo. Everything that was unique to him has been replicated in the gate entrance design and the walls. The same materials that he favored are intended, and will be used, and, overall, we really plead for your sense of fairness. I know that rightfully so, these neighbors are watchdogs for a beautiful Grove area, and want to keep it that. I think the best example of a sense of fairness I'm talking about, was that expressed by Ken De Garmo, Walter's son, in his quote in the paper today when he stated that, "...you know, rightfully so, these folks are good watchdogs, but I think this is a particular instance where it's really been overdone." And I think that you ought to side with what I think is your staff recommendation of approval. Certainly resolution HC-93 from the Heritage Conservation Board of January 16, 1990, where they unanimously approved our clients proposal and in view of all of the facts which we presented, we hope you consider the fair thing and that is, a young man and a company have gone out of their way to do something that the City and the Grove can be proud of. Thank you. (Applause) Mayor Suarez: AK, the principal issue left, and I don't want to take away whatever time you would have for rebuttal which is really zero, because we should be deciding this. I think we've heard almost everything and we're not as procedurally tight as a court, John. But, why and on what basis are we to somehow disapprove an archway, now that the trees, I think, presumably, are going to bet If the Commission follows what I understood to be his suggestion and his concession, the basic thrust of what your clients want us to follow. As to the archway, why would they, if they could build that kind of a structure as part of, let's say, a residence, or anything else, why would this particular structure be treated any differently and somehow be subjected to rules that make it. come under a character or, you know, similar to the environment type criteria that is riot otherwise applicable to any other structure in the City of Miami as long as it's within the correct setbacks? Mr. Fletcher: Sure. In talking with my clients about say that the Grove the way it is, with the scenic preservation area needs to be preserved precisely in it. First of all, they corridor area and the that character. They do 202 March 8, 1990 a 11 not: need formal st—c-tilln Such is this »rchw.aa thee is prnpnse'i. 3 know It's 60 feet within, Commissioner Plummer, as they say. But it's 25 fent high. When you look at something that's 60 feet away, it's 25 feet 'nigh, that's massive. It. is not in keeping with what you have in the area now. Mayor Suarez: What is that'? The height that would be permitted for the actual structure in that area? Mr. Fletcher! Yeas, twenty-five... Mayor Suarez: For an actual residence of anything else? Mr. Fletcher: Surely, and I say - my people say, build a residence, if that's what you want the 25 feet. Residence is fine but this formalized structure takes away from the ambiance of the Grove area and the south Grove area. The other aspects of it that they're concerned about here is also that when the other estates, south of Main Highway on Douglas start to breakup, as they will, ultimately, one supposes, under our economy, this will be a terrible precedent for it. We'll have more formalized entranceways as we proceed through the Grove, through what is a lush, tropical area, not an area of formalized stone. These are massive monuments that are being proposed, tons of concrete. They are offensive to the character of the area and these are the people who know that character. They live there and they love it. There's no way that these trees that are on this drawing, and this is why I asked that it be put in as an exhibit, are going to be there in our lifetime as this size to conceal that. They're going to take out mature trees and put in young trees. You can't transplant... Mayor Suarez: But doesn't that assume that he would be removing the trees that are there now? Mr. Fletcher: That's what he's planning on doing. _ Mr. Cardenas: We said we'd be happy to leave them. Mayor Suarez: Oh, I thought that it was pretty clear from his sort of concession there speech, that we're now heading in that direction. Mr. Fletcher: The problem is, we've heard concessions over a period of weeks... Mayor Suarez: Well, this case, it would be a mandated concession, it seems like. 14r. Fletcher: Yes, I understand, that's not a... A mandates a little different than a concession. One thing I also want to address about this, I -_ don't want you to feel that this is outside your jurisdiction. It was suggested by Mr. Cardenas that the Heritage Conservation Board, and thus you, did not have... Commissioner De Yurre: Let me understand one thing. Mayor Suarez: The Commissioner has a good suggestion on part of this, at -_ =y least, that we know what, we're talking about. Mr. Fletcher: Oh, I'm sorry. = n Commissioner De Yurre You know, so if the concern is that because of the foliage that's right out front would be done away with, and then that the arch would be visible and they're admitting that nothing is going to be taken down i from there, what is the issue now? Because you won't be able to see it from the street. Mr. Fletcher: Oh, you'll be able to see it. You have the entranceways, the way the driveways come in if they have their exhibit. You know, you're gaming to be driving down to see it from every direction you come. The trees are not going to conceal the fact that it's back there and it's huge. They have to have driveways in and entrances to the property which you will have =j Conw issioner De Yurre: But there's no frontal driveway, as I understand it. 203 March 8, 1990 ter. Fletcher: No. the drive.*ay-.. Mayor Suarez: Where is that picture, by the way, that he's waving over there? Is that a model? — Mr. Fletcher: No, that's the exhibit that Mayor Suarez: That's looks a real thing there. That's something that's already somewhere. Commissioner De Yurre: That's Rockerman Road. Mayor Suarez: Where is that? UNIDENTIFIED SPEAKER: It.'s in the Grove on Rockerman Road. Mayor Suarez: OK, that's another property. Be careful, because that's not introduced into the record and you're giving the impression that that is either a model or somehow, what this is going to look like. And you can argue that, but it's... I don't want... Mr. Fletcher: Commissioner De Yurre, in answer to your question about, you know, will you be able to see Commissioner Plummer: On the record, John. Mayor Suarez: Yes, we need you on the record, John. Commissioner De Yurre: There's one right here. Mr. Fletcher: OK, guys, what are you doing around here? Thank you. This is about the best I could do from here. On this particular exhibit, which is their exhibit, if you can see, Commissioner, these are where the 25 foot towers will be with, I guess it's a pedestrian walkway or something across the top, and then the other tower on this side. The driveways are coming in from here and coming in from here with Douglas Road over here. Every direction you come in, you're going to be able to see these massive structures. They're not going to be concealed by the foliage. The foliage will, of course, obscure some of the view, but it won't conceal them, it won't hide them. You'll be able to know they're there. The ambience of the Grove that we have now - what a word, ambience - but the ambience that we have of the Grove now in this area, is going to begin its further declension. Mr. Cardenas: Mr. Mayor, for... Mayor Suarez: I don't have a straight edge, here, but it looks to me like it would be kind of tough to see that tower from the road if you assume a high enough landscaping. I can't tell. Mr. Cardenas: Mr. Mayor, just to correct the record... Mr. Fletcher: The present canopy - Oh, I'm sorry. Mayor Suarez: All right, why don't you go ahead and finish your arguments and then final statement corrective, or otherwise. Because, otherwise we're going to be at this forever, and we really should be deciding. Mr. Fletcher: Sure, if the present canopy is going to stay, they are shorter than the 25 feet of the towers and you'll be seeing the towers across the top of. it. Mayor Suarez: So, you're going to see some of the tower. You might see some of the structures. Commissioner De Yurre: So then, you don't want the present canopy? Mr. Fletcher: We don't wart the tower. Commissioner De Yurre: No, no, well hold it. You got to make up your minds what do you wart now? You want the present canopy or you want that changed? Mr. Fletcher: Yes, we want the present canopy. 204 March S, 1990 (Crowd noise) Mayor Suarez: Please, please, please: please! Mr. Fletcher: We want what is there now. We don't want the towers, we wan the canopy. Commissioner De Yurre: OK, so then you want the present canopy? Mr. Fletcher: Yes, please. Commissioner De Yurre: OK, so we got that settled. Mr. Fletcher: Right, but we don't want the towers. OK. Commissioner De Yurre: Can't have everything in life. Mayor Suarez: OK, as to the towers, if there's any Commissioners that want to inquire. Do you want to complete your argument as to why we have discretion to disallow it if we were inclined to do that for public policy reasons. Mr. Fletcher: Yes, I'm sorry. Yes, within your Code, under chapter 17 is 17- 4. The board, the Heritage Board and thus, you, in appellate review, shall serve as the quasijudicial instrument for granting or denying certificates of approval for tree removal and development activity within those areas identified and established as environmental preservation districts. Now, Mr. Cardenas was saying, this is not within the scenic transportation corridor where these towers are. We debate that, but there's no debate over the fact that it is within the preservation district, and the same rules apply for development activity there. Mayor Suarez: And what was that standard that should be applied that you read before? -just quickly, on the environmental preservation area? Mr. Fletcher: Yes, let me... where did I put my....? Sorry, it's in 17-11, "Preserve the natural environmental character of all sites insofar as practical, by minimizing removal of trees or other significant and environmental features." Then, there's several others, and then the other one I emphasized was, "...Maintain the continuity of landscape material and spacing characteristic of the surrounding area or scenic corridor. If the development occurs along a designated scenic corridor., the principle natural landscape, or man made elements which formal the visual boundaries or enclosing space to the corridor, shall be preserved Insofar as possible. Six... " Mayor Suarez: See, if they - the first definition, I don't think covers at all a gateway or archway, and the second one, you have the problem that if you don't - that if you're trying to push an interpretation of that, they could conceivably build a home or a structure a heck of a lot closer to the road with a lot more invasion of the roadway and the corridor than is being planned. So, it's kind of counterproductive to argue that. But, anyhow, I see where you're trying to take us. Mr. Fletcher: OK. There are a couple of other people who wanted to malze a few other comments having heard the case. Mayor Suarez: Yes, it's - I would not recommend it. You know, we've been here 12 hours and... Mr. Fletcher: Always ready to accept your recommendation, Mr. Mayor. Mayor Suarez: Anything else, counselor? Mr. Cardenas: Yes. Mayor Suarez- Just clarificatory? You don't really have a right of rebuttal here. Mr. Cardenas: That's all it is. Nothing... Commissioner Plurrsner: Let me ask a question, please. 205 March 8, 1990 Mr. Cardenas: Yes, sir. Commissioner Plummer: Because what John is quoting there is from the transportation corridor. Now, Sergio, am I mistaken, is this gate outside of the transportation corridor or not? Mr. Rodriguez: It is outside the transportation corridor. Commissioner Plummer: So that which John has been quoting is really not applicable to the transportation corridor since this doesn't exist in the corridor. Is that correct? Mr. Rodriguez: He was quoting from the transportation corridor and also from the environmental preservation district. So, he was quoting from both of them. Commissioner Plummer: Well, is there is conflict between the two? Mr. Fletcher: No. Mr. Rodriguez: Well... Commissioner Plummer: Because, if I'm understanding this gate, call it what you may, is not in the transportation corridor, and everything I've heard him refer to is relation to what you cannot do in the transportation corridor. Mr. Rodriguez: I think he quoted from both of them. Mr. Fletcher: Right. Mr. Rodriguez.: Because I remember following what he was saying. Commissioner Plummer: Is there a conflict between.... Mayor Suarez: Yes, he read a provision that applies to the entire area, but seems, at least, you know, to me, to apply to the removal of the trees and, otherwise, preservation of the natural environment, which is the section he just quoted. Mr. Rodriguez: Yes, let me read from the portion that deals with - this is from section 17-11 and in item number five, it says, "Maintain the continuity...", beg your pardon? Sure. Commissioner De Yurre: ©K, since when do we do this? Mayor Suarez: It's the first time it ever happened in my administration that we stopped for paper to be changed, but I see it happening in court all the time. Mr. Rodriguez: Do you want me to continue? Mayor Suarez: Just as courtesy and also because it will complicate... we do have a transcript of proceedings here. Yes, go ahead, we can always fill it in because we have a pretty faithful recording here. Commissioner Plummer: Yes, Mary Woods does a nice job. Mayor Suarez: She's just about ready to go anyhow. Commissioner De Yurre: We're almost there. Mayor Suarez: So, we're filling the record with inane comments until you get it ready. Commissioner De Yurre: Whose side are you on? Mr. Fletcher: Was that more inane comments, Mr.....? Mayor Suarez: None from Mr. Fletcher or. Mr. Cardenas. �F Commissioner De Yurre: Let's take quick vote. e3 206 March 8, 1990 —E -i Commissioner Plummer: John Fletcher is a bad guy, he doesn't do what he's supposed to do. Al Cardenas is a bad lawyer. Are you ready yet_? Mr. Fletcher: You get it, all on TV, J. L. Commissioner Plummer: Excuse me, they don't videotape this, by the way. Mayor Suarez: They're supposed to be taping it, I thought. Keeping the tapes. Commissioner Plummer: They were supposed to be but we found out that they weren't. UNIDENTIFIED SPEAKER: She's ready. Mr. Rodriguez: Let me read from section 17•-11 from the Code, and the title is, "Environmental Preservation Review Standards for Tree Removal and Development Activity." And within that section, under item number five, it says, "..Maintain the continuity of landscape material and spacing characteristics of the surrounding area or the scenic corridor. If the development occurs along the designated scenic corridor, the principal natural landscape or man made elements, which form the visual boundaries, or enclosing a space of the corridor, shall be preserved insofar as possible." So that was the portion that Mr. Fletcher was quoting at the beginning of the meeting relating to the transportation corridor. There are other five points that relate to the transportation corridor and to the environmental preservation district. Mr. Cardenas: Excuse me, if I may, on that point, Mr. Mayor, and it was, you know, my turn anyway, but if you'll turn to paragraph six, right below paragraph five, it clearly defines the intent of 17-11., In paragraph Zix, it says, "...Consider the impact of public and private improvements upon the ecological needs of the area. Roadway improvements within scenic corridors and other unique areas should not disrupt or distract from the existing natural environment. It is obvious that when we dealt with the words, private and public developments, upon the ecological needs of the area, they then made sure that they focused that aspect of it upon scenic - within scenic corridors, OK? Now, if you look at paragraph five, it's obvious to me that paragraph five is talking about first landscape material and spacing characteristics of surrounding area. Then, it's talking about preserving, has nothing to do with proposal, construction, it's talking about preserving the principal natural landscape, or man-made elements. It says nothing to do about proposed designs, and that's the whole meaning of what I'm trying to tell you, and I think that makes It pretty clear. Furthermore, and the greatest way to define intent here is the following. And I would like to have Mr. McManus or someone from the City, or assistant city manager, give you an answer on the record because if I wanted to build a house with a five foot setback on the lot where the gate entrance is proposed, with 25 feet in height, much more obtrusive, there is nothing that this particular chapter would do to forbid that to happen other than to make sure that I've lived up to the fact that the tree preservation standards and everything are properly met. So, if I can build a house there, I can surely build a gate entrance and no one can tell me aesthetically how it ought to be built. I mean, it only stands to reason that that logic would have to follow. Now, item number two in my rebuttal is the fact that there is a gentleman waving a picture of the •Lazurus entrance which I may add, I've also since foreseen that a comparison may be made, have this little chart which also go on the record. Here, in the red outline, is the proposed gate entrance at the De Garmo Estates. The first overlay is the entrance at Carrollton School, which I think it's an institution and an architectural design that most of us who are familiar with the Grove, have always spoken about in glowing terms. And you can see that the entrance to the Carrollton School is more comparable, as a matter of fact, lengthier in length than ours. It's certainly of the same height and dimensions. And then you put the Lazurus one over it which is the one that they gentleman was showing you and you could tell how clearly it engulfs our proposal where there's really no comparison. Mayor Suarez: And that's the nicest looking part of the Lazarus development, the gates. The rest of it... 207 March 8, 1990 Mr. Cardenas: Right. So, obvi.oitsly, what T'm t:ry .ng t.o tell ycn: is that, yo?= know, drawn to scale, the comparisons are really not. fair and I know that we want to vie for fairness here. So, in conclusion, Mr. Mayor, I think we've come up with a fantastic development. It's had a lot of scrutiny on the landscaping and the tree removal, which is a concern of many of the neighbors, will say, we'll do it as they want, the only issue left for you to consider is the gate entrance. I've said it's not within the jurisdiction of the scenic transportation corridor. Your staff has agreed upon, it's in keeping with the De Garmo design. A lot of historical research was done to come up with it. It's complimentary to the development. We meet every single Code requirement, we're below the density permitted and why stampede a developer who has come to the Grove, to a sensitive area, to want to build a sensitive project. Thank. you. Mayor Suarez: OK. Commissioners, I presume that you disagree with our discretion on this, John, as you've stated before, and I don't know that that needs to be repeated because we're just going back and forth. Mr. Fletcher: Yes, I understand. Commissioner Plummer: One question, Mr. Mayor. Mayor Suarez: I'm sorry, Commissioner Plummer. Commissioner Plummer: Al, seems like to me that one of the main concerns is the massiveness of the gate, tower, whatever it is. (Applause) Commissioner Plummer: Has there been any consideration, you know, to reducing the size? In other words, you're telling me it's 12 x 12 each pillar-, I guess, is the best way to refer to it. Mr. Cardenas: Right. Commissioner Plummer: And then I don't know that reducing it in size. I know you reduced it from 27 to 25 feet. Mr. Cardenas: Right. Commissioner Plummer: But is there any way to reduce it from 12 feet x 12 - feet of each pillar and I don't know that that would appease the people here. I do know, for myself, personally, the one picture that you showed there, I think would be an atrocity to that property and that is, that the house that = exists across the street from the Taurus Restaurant, which is absolutely just _ atrocious and it's a good friend of mine that built it, unfortunately, it's _ built, it's there, and I think that it would be a tremendous detriment to the _- neighborhood if it could, in fact, and it can, and I've asked Sergio and, for the record, you were 3 feet off. It can be built in 27 feet, not 30. So, I guess my question is, in the interest of trying to compromise, can there be an entrance designed that is not as massive as that which is presented because I have to be honest with you, Al, the entrance is not an integral part. You still can build your ten houses and maybe eleven. You have concede?? on the : landscaping and, I guess, really, the only area of compromise, if there is, is on the massiveness of the towers. Can it be reduced? -because, I, personally... this young man has done things here that I have never seen = offered before this Commission before. Now, the point I'm saying is, I guess, maybe the veiled threat is that he could build another house there 27 feet from the road. That bothers me. I don't think he would, but he could. Is - there any way that that tower could be cut down in size and 1 think that if - anybody, any reasonable person, could have a tower that's half that mass, would much prefer that than having an eleventh house on that property. (Applause) Mayor Suarez: Please. Commissioner Plummer; So, I ask if that is possible? Commissioner Alonso: When they met in my office yesterday, that's what I tried to accomplish to see if they will change what it is their structure, the gate, the entrance, the huge wall, whatever you want to call. it, and he gave 208 March 8, 1990 us some expl.a_natlons of: the height and the entrance for trucks, but maybe he will reconsider that now And we will finally be able to reach an agreement that everyone will be happy with. Mr. Cardenas: Let me point... Commissioner Plummer: We know, for the record, as I recall, that the top level has to be, what is it? -16 feet for the Fire Department? Fourteen. Mr. Cardenas: Right. Commissioner Plummer: So, you know, anything above fourteen I have to say that can be an area of compromise. Mr. Cardenas: Right, now, right, now you've got to remember that, that is distinctly reasonable to start to explore now as we're going through the process. Also remember, if there are any architects, or engineers, or designers, the first thing they'll tell you is that everything has to be scaled. In other words, you can't have a two foot wide tower if they're going to be separated by "X" feet, and you can't have a 14 foot height without some sort of width on these gate entrances because then, the whole thing is warped out of scale and any architect will tell you that it's an aesthetic problem. Now, let's start to work from there. Assume that it can be narrowed and assume it could be lowered in height, taken into consideration one, the fact that you've got to have an aesthetically pleasing scale, you know, to go along with it, and number two, taking into consideration the fact that, you know, we've already lowered also, I want you to know, from 8 feet to six and a half feet, the height of the walls which is something that I know the neighbors very much wanted and we've agreed to do that. Yes, Commissioner Plummer, the answer is, you know, we can replay this design to lower the, you know, the scale of it as you requested, but the width of the gate itself and its height has to be kept at what i.t is and then what you design around it, has to be in keeping with the size of that opening. Commissioner Plummer: I don't think anybody is questioning that because you've got to meet minimum standards, 14 foot in height. I don't know what the width is, whether that's a minimum standard. How wide is that? Mr. Cardenas: Yes, it's a standard, Commissioner. Commissioner Plummer: OK, well, I'm not arguing the point. Mr. Cardenas: All right. Commissioner Plummer: But it doesn't take, in my estimation, that mammoth of a structure to support that kind of an opening. Mayor Suarez: It doesn't take any structure at all to support an opening. Commissioner Alonso: If you make it wide... if you move it... (Laughter and applause) Mayor Suarez: Sorry about that. Mr. Cardenas: Yes, if you... I mean, if... Commissioner Plummer: You're no help at all. Mayor Suarez: No, no, I see where you're heading. I'm going to help it. Commissioner Alonso wanted to help too. Commissioner Alonso: Yes, if you move the structure a little bit farther in the sides, can you come lower? Why not? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Alonso: Well, it's still... you need at least 14, but now you don't have fourteen, you have over twenty-five. Right? Commissioner Plummer: Yes, the top is twenty-five. 209 March 8, 1990 s. Conmlissioner Alonso: The center, h w nigh it is? It's f.oUrteen? Air. Cardenas: It's 14 to hear and then there's that curve. Yes, it's really 16 in total because there's a 14 that we have here which is the straight line and then there's the curved design above it. _ Vice Mayor Dawkins: Point of information, before we go any farther. Mr. Cardenas: Yes, sir. Vice Mayor Dawkins: No one on this side has said they will accept the structure if its scaled down. Mr. Cardenas: Nobody said anything, that's right. Vice Mayor Dawkins: That's right, so find out, before you go through this exercise in futility. Commissioner Plummer: Well, my basic question was, could it be scaled down? (Applause) Mayor Suarez: The columns are square, are they not? Mr. Cardenas: Yes, sir. Mayor Suarez: On the: base. Mr. Cardenas: Well, they're rectangular, right. Mayor Suarez: Or roughly square? -or they're not rough square? Mr. Cardenas: Roughly square, that's right at the base. Mayor Suarez: So, for each foot that you're able to reduce you're quadrupling? No, for each two feet, you're reducing four feet of square and another... Mr. Cardenas: That's right, so it's a matter of scaling it down. Right. Mayor Suarez: And a lot more volume, what it may be. Mr. Cardenas: Yes, sir. Mayor Suarez: That reduces the massiveness of it. Anyhow, I don't think we have any discretion. It's my feeling. Mr. Fletcher: Has a question been asked of us? Mr. Cardenas: I mean, basically, you have to make two decisions, I would suppose. One is... Commnissioner Plummer: Well, if the answer was no, I don't have to ask of you. Cardenas: Basically, the - you know, I think there are two decisions that you have to make. One is to ascertain whether you have jurisdiction over the aesthetics of the gate entrance design, vis a vis, the fact that it's not within the sonic transportation corridor. If you make a legal determination that... Mayor Suarez: Let's get that on the record from our City Attorney. What is the opinion? Ms. Kearson: The Commission cannot determine the aesthetics of the structure itself, but you can rule as to whether or not there can be a structure there. Because it is in the environmental preservation district and there are... Mayor Suarez: Based on what. standard? The same standard that was read that... based on what standard? Ms. Kearson: No, I was thinking 17 dash... seventeen dash- no, I'm saying six. D•-1, yes, because it talks about the effects of designation and the control that you have, as well as 17-11 - six. Six. 210 March 8, 1990 AOL Mr. Cardenas: Well let me ask you... Ms. Kearson: Four. Mr. Cardenas: Well, .let's stop at six, counsel.. It says, consider the impact of public and private improvements upon the ecological needs of the area. How does an ecological need.... Mayor Suarez: OK, I got your position on it. I just need the City Attorneys and then we're going to have to move on it. We cannot have an argument on the - see, we have to assume whatever we're told by our City Attorneys. Mr. Fletcher: That got you in trouble the last time. Mayor Suarez: Yes, and then you can go to court and argue all you want. Mr. Cardenas: Well, you don't... Mayor Suarez: You said that we can consider the aesthetics because why? Because it's... Ms. Kearson: Because it's a part of the criteria under 17-11 for determining the standards to follow. Seventeen dash eleven, four. Mayor Suarez: Because it's part of an environmentally protected area, is that why? Ms. Kearson: That's right. Mayor Suarez: Why are you shaking your head, Sergio? Mr. Rodriguez: No, I thought she was referring to item number fcur... Ms. Kearson: Yes, I am. Mr. Rodriguez: ...which was to provide visual screening of all parking areas, service areas, or historic areas by using landscaping and building materials •- which imply a building - which are compatible with the surrounding landscaped character. Mayor Suarez: And we haven't heard that section yet. Ms. Kearson: That's the one I was referring to, 17-11, 4. Mayor Suarez: Ah hal Commissioner Plurrimer: Stick around long enough, you'll hear it all. Mayor Suarez: I guess if we stick around long enough, we hear the entire Code. And that's supposed to be applied to what? Mr. Rodriguez: That applies to environmental preservation district. Mayor Suarez: But, for what kinds of construction, or what kinds of elements of a construction project here? Did you refer to driveways and parking... Mr. Rodriguez: Well, it says, provide visual screening of all parking areas, service areas, or storage areas, by using landscaping and building materials which are compatible with the surrounding landscape character. Mayor Suarez: I see. That could fall in between, I suppose, a gateway versus a residence if they said this was a residence, it's just out of kind of a small inside, i.e., no inside at all. Anyhow... Mr. Rodriguez: Right. Mr. Cardenas: Mayor, the other thing I wanted to remind the Commissior1, is that, you know, it's not a matter of compromise. This Commission could certainly say, we adopt the, you know, you could make a modification and let me suggest the following, such as, you know, we make a modification of the decision the Heritage Conservation Board, by approving a landscaping plan 211 March 9, 1990 whir_h consists of the preservAtion of 111 existing trees on site and which would further reduce the scale, of the gate entrance design by "X" and you can do that and then let. the - it's well within your jurisdiction and prerogative to make that statement. Now, I obviously want to reserve the right, as I said... Mayor Suarez: Suppose we were inclined to go with precisely that, but we could not figure our way tonight at 9:16 to defining what that "X" is? Commissioner Plummer: Well, you could do it percentagewise. Mr. Fletcher: We would be willing to help. Mayor Suarez: But, if we couldn't tonight, could we somehow build that into a motion and defer the "X" for future negotiations between the parties? Mr. Cardenas: That's fire with me. Mayor Suarez: Well, let me tell you, I've said on the record, that I don't think, for myself, I have any discretion but to approve it, so that's as to myself. Mr. Fletcher: Mr. Mayor... Ms. Kearsor: You have to make a decision on this appeal tonight. You only had 45 days to do that. Mr. Cardenas: Yes, but parties can waive it, I presume. Mayor Suarez: Anyhow, that would be one idea. Commissioners, anyone else have anything? Last statement, .John. Mr. Fletcher: Yes, I thought somebody was going to ask us how we felt about the discussion you were having with our opponents here? Mayor Suarez: I thought you disagreed entirely with it, but go ahead and put it on the record. Mr. Fletcher: OK. No, no, we have talked about it and my clients have been... Mayor Suarez: Oh, do you mean as to reducing the scale by... Mr. Fletcher: Yes, natural... Mayor Suarez: Not on a mandatory basis, but by negotiation. Mr. Fletcher: ...landscaping and have a volunteer basis on the reduction of it, or you make the decision as modifying as your Attorney has told you you can. And we're talking about something that would be comparable to E1 Jardin, in which there are the gates - excuse me, the two pillars, which are twelve and -a -half feet high. They are 33 inches by 44 inches around. So that would be a satisfactory compromise and would still give them a monumental structure. Two large pillars that would give him the feel that we could design in the manner that he wanted and accomplish everyone's goal. (Applause) Mayor Suarez; All right. We have... Mr. Fletcher: No, not an arch. Mayor Suarez: I guess we have your rough definition of what the "V reduction is, the "V percentage. Mr. Fletcher: Now, a mere estimate. Mayor Suarez: Back to 3 x 4 feetinstead of 12 x 12 on the columns, all right.. Mr. Fletcher: Right, and this, of course... 212 March 8, 1990 0 Commissioner Fliirrmer- GTel1_, I thing that.'s fair, Commissioner Alonso: Are you willing to consider that? Commissioner Plummer: If we were to put in "X", that "X" represents a reduction of 50 percent which, I think, is just about what you're talking about. Then he has to work within that 50 percent reduction and come up with something, whatever he wants. Mayor Suarez: You're saying 50 percent in area, or in volume, or in what? Commissioner Plummer: in mass. Mr. Cardenas: Well, you see, the thing is, you have to... Mayor Suarez: That's more like volume, I guess. Mr. Cardenas: Yes. Mayor Suarez: In every dimension or what? - 1 mean.... Mr. Cardenas: There are two points I want to make on that. Commissioner Plummer: You can't come 50 percent in height because then you don't meet the 14 feet. Mr. Cardenas: Right. Mayor Suarez: Right. Commissioner Plummer: So that's out. Mr. Cardenas: Right. Mr. Fletcher: No top. Commissioner Plummer: You can't reduce 25 feet by 50 percent would be twelve and -a -half feet. OK, we're trying to go on a percentage basis. Now, you're not going to get everything, OK? I'm sorry. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, please, please, please. Commissioner, you're thinking out loud, and this is just never going to end here. Mr. Cardenas: I just want to leave something in your mind. The research that went into the De Garmo designs, the archways compatibility with the existing structure which is going to be preserved resulted in a design. That design... Mayor Suarez: We've heard that counselor, we've heard that. It's all in the record. Mr. Cardenas: I know, but my point to you is that we will reduce the scale - let us reduce the scale. We have to do it within the confines of the open space that the Code requires, and let us reduce. But we can't imitate somebody elses project because then you're throwing away the originality of the whole De uarmo concept. Mayor Suarez: Well, I have no problem with that, for my vote, and I said so, to give you the ability to not define that "X" at this point and work with them, and somehow come back with a later point for that final determination. But, that's just the only idea I've come up with.. Mr,. Fletcher: We're not trying to tell them the design, just the height. Mayor Suarez: We could say something... Commissioner De Yurre is saying that at least we'd build into the motion that it be a substantial reduction, not... Commissioner Plummer: Well, how about this? Let roe see if I can try this... Mayor Suarez: And leave no flexibility from that point forward. Commissioner Plummer: L0, me try this shoe on. HoU, ibr�ut reduce the mass by 50 percent end not to exceed 20 feet in height% Mr, Fletcher: No. Commi,.ssioner. Plummer: No. Would you buy 18 feet in height? UNIDENTIFIED SPEAKER: Give us 38 seconds. Mr. Cardenas: Come on, I mean, that's very... Commissioner Alonso: Eighteen is reasonable. Mr. Fletcher: We're going to huddle. Commissioner Plummer: Your time is up. Commissioner Alonso: Eighteen is reasonable. They will not be able to see it from the street. Mayor Suarez: Why does everybody not like the arches? They loos: very nice. INAUDIBLE. COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Alonso: Yes, he has an answer. Mayor Suarez: Arches are beautiful. Commissioner Alonso: OK. Mr. Fletcher: Over here. We made It. We made it. Commissioner Alonso: Yes? Mayor Suarez: I don't understand this. This is, I guess... Mr. Fletcher: Fifteen feet in height. Vice Mayor Dawkins: Hum? Mr. Fletcher: Fifteen feet in height, and they says that's as far as compromising, that's really their limitation. Mr. Cardenas: The opening is 15 feet that we have. Commissioner Alonso: What? Commissioner Plummer: Yes, but you've been... Al, wait a minute now. In honesty, you're only need 14. OK? To comply with standards, you only need 14. Mr. Cardenas: But, you have to have an arch above that to do the..... (Crowd noise) Commissioner Alonso: Is a sixteen? Sixteen? Commissioner Plummer: It don't have to be an arch. Commissioner Alonso: Sixteen? Mr. Cardenas: Mr. Mayor, I have never been involved in a matter where architectural aesthetics not within the confines of what we consider to be a Code are discussed in mass. Mayor Suarez: We've heard that argument. I agree with you, but my colleagues may not. And so we're... Mr. Cardenas: I mean, how is the developer going to design something with 400 consultants? 214 March B, 1990 BERM Mayor. S:iarQ7.: Mr. Cardenas, t.t�e alternative may be that. wp take a voto and that you lose altogether, and then we have a .lawau;.t.. So, maybe, maybe we don't. So if any Commissioner wants to try nny definition of that reduction of that "X" factor, I'm willing entertain it, otherwise, we simply entertain more regular motions of either denying or accepting the appeal. Commissioner Alonso: Would you include the 15 in your motion, or what? Will you accept the 15? _ Mayor Suarez: OK, he's going to move something or somebody, move something, please. Commissioner Alonso: I think it's a way to compromise to find a solution that everyone will be happy. You will be saving the time and expense of going to court. Let's find a solution that Tffle can all live with. You can go happily and live happy for the rest of your lives and keep on building. Fifteen, how about that? (Applause) Commissioner Alonso: Remember what I told you, it might be that the buyers have the same mentality and they don't buy, so it's better to have fifteen. (Shouting and applause) Mayor Suarez: Turn into a rabble rouser. Miami Herald reported, then an attorney and now he's a rabble rouser. Commissioner Alonso: You are a great architect. I'm sure you people are going to come with something very beautiful in 15, and everyone will be proud of your project. It will be buying from here on, you might have some buyers right here. How about that? Mayor Suarez: OK. Commissioner Alonso: Please look at this! This is an entire community telling you what to do in a project that you're going to sell in that area. And they might even get good buyers for that project, so go ahead, fifteen, right? (Applause) Mr. Cardenas: Let me ask you this, because we need - you have to remember this, the height, by law has to be 14 feet. Commissioner Alonso: Fourteen, so we are saying fifteen. Mr. Cardenas: And you have to have to preserve that, say, not, a two foot arch, but you're going to have to have a small arch to make it... (Crowd noise). Commissioner Alonso: Listen... Mr. Cardenas: No, but let me finish, let me finish, so... Mayor Suarez: Please, please... Commissioner Alonso: Listen, they are saying 15. They are saying 15. Mr. Cardenas: They're saying 15, right. Commissioner Alonso: I'm sure you can liva with that. I'm sure you can find ways by doing this in fifteen. Mr.. Cardenas: Well, the Commissioner suggested 20, to reduce from 25... Commissioner Alonso: Yes, but they say, not to 20. We will be here all night. By the end of this, you are going to go to court, expenses, time, we don't want that. You don't want that. Maybe you do, but your client does not. And, so... 215 March 8, 1990 (l,a,.z ,hter And app:I a,IeP) Commissioner Alonso: Let's go this way. He's saying yes. He sPems to be convinced that it's going to look beautiful. Right? It's going to be great, and I'm sure he is In favor of. that. How about that? Commissioner Plummer: Victor wants 18, you want 15, Miller wants... Commissioner Alonso: Victor is short, why he want 18, 1 don't understand. Mr. Fletcher: Make a motion, 15 feet. Commissioner Plummer: I'll tell you what I'll go with. Commissioner Alonso: But 18, look at him now, 18, when we've been talking about 15. Sixteen, sixteen and that's it! Commissioner De Yurre: Well, let's understand... hold it. Vice Mayor Dawkins: Yes, yes, sixteen. Commissioner Plummer: Going once! Vice Mayor Dawkins: Sixteen, sixteen. Commissioner Plummer: Going twice! UNIDENTIFIED SPEAKERS: Nol Commissioner Alonso: Yes, 16. And that's itl Vice Mayor Dawkins: Sixteen. Mayor Suarez: All right. Commissioner Alonso: Listen, listen, let's be fair on this. Mayor Suarez: I'm going to entertain motions and we're not going to have a dialogue... Vice Mayor Dawkins: Everybody has to give here now, let's - Come on. Commissioner Alonso: One, it's not going to make a difference. Sixteen and that's itl Mayor Suarez: OK, we cannot... Vice Mayor Dawkins: OK, let's everybody give something now. Sixteen, that's right. Mayor Suarez: I am going to rule the Commissioner out or order pretty soon. OK, now, make a motion, Commissioner, because we've got to move on. Commissioner Plummer: Did you sell tobacco in your early years? Commissioner Alonso: Maybe I did or in my other lives, who knows? Mayor Suarez: This is like an auction here. Commissioner De Yurre: Mr. Mayor, I ,just wanted to know and trying to get this resolved. I have a concern and I live right down the street, OK, and I drive by there every day. And I have a concern that if we know we have to have a minimum of clearance of 14 feet, what is it going to look like to have an arch that's maybe just two feet in width. UNIDENTIFIED SPEAKERS: No arch! Commissioner Alonso: Sixteen is OK, sixteen. Commissioner De Yurre: No, no, that's not what we're talking about. There is an arch that we're talking about. We're talking about an arch, OK? 216 March 8, 1990 INAUI)ISI.E: COMMENTS NOT ENTEPT1) INTO 7-11F Fi,TSTJC RFC:OHT). Mayor Suarez: It's a rhetorical question not meantt to be answered by all the people that are here. He's... Conunissioner De Yurre: So, the point... Mayor Suarez: Yes, Commissioner, please finish your argument. Commissioner De Yurre: ...so my concern is that if they go ahead and they put an arch there, that is only two foot, you know, two feet wide, it may not look at all pleasing to us that are going to t:e driving by there everyday. All right? Mayor Suarez: Please, please... Ms. Weber: Mr. De Yurre, if.... Mayor Suarez: Seth Cleary, you're not going to get elected to anything. Commissioner De Yurre: So, that's why I've been willing to say I wanted to go up to the 18th feet, that will give them something to play with that it will look adequate for the area. (Crowd noise) Mayor Suarez: Please! OK, I'm not going to allow, at 9:25, after 12 hours of this, the continuing dialogue between a Commission and the members of the audience. We've got to either make a motion, please, Commissioners, or have further discussion, if you want, for a certain period of time, and then we're just going to have to make a motion one way or the other. Commissioner De Yurre: I'll just move it with the 18 feet and plus all the other considerations that have been, you know.... Mayor Suarez: What other criteria would you suggest in case the motion... Commissioner De Yurre: ...the landscaping, well, the situation about all the landscaping that they're going to preserve, all the trees and... Mayor Suarez: Preserving and landscaping as re.., what about the rest of the dimensions besides the height? Commissioner Alonso: And I say sixteen and we can live with it. Mayor Suarez: We may have a substitute motion in a second. Commissioner De Yurre: OK, I would say, you know... - Mayor Suarez: Just trying to hold procedural... - Commissioner De Yurre: up to, no more than, 18 and the width to be reduced, certainly the mass to be reduced by at least anywhere from one half to one-third. Mayor Suarez: Well, if it's at least one-half, it's one-half. If it's at - least one-third, it's one-third, so you want to try given one of those two? _ Commissioner De Yurre: One-third. - Mayor Suarez: One-third, by at least one-third the mass as a whole and an 18 foot height. OK, that's a motion, do we have a second? Do we have a second = on that motion? Do we have a second on the motion? It dies. Let me do this, let me, in fairness, because I believe that we cannot constrain it at all, let me second that motion and put it to a vote. Vice Mayor Dawkins: What's the motion, Madam Clerk? Mayor Suarez: You have a substitute motion. Vice Mayor Dawkins: A substitute, no? 217 March 8, 1990 Commissioner Plummer-, Excuse me? Mayor Suarez: You can have a substitute motion. Vice Mayor Dawkins: We know that, you don't have to school us. Mayor Suarez: No, it's Seth Cleary that is doing it out there. Vice Mayor Dawkins: .....no problem. What's the motion, Madam Clerk? Commissioner Plummer: Eighteen and a third. Ms. Hirai: To reduce it by at least a third and not to go above - not to exceed eighteen feet in height. Vice Mayor Dawkins: In mass. Ms. Hirai: Incorporating all the other... Vice Mayor Dawkins: Motion understood? Call the roll. Commissioner Plummer: Hal If you understand that motion, you're better than I am. If you all people were burying dead bodies, you'd never get it in the ground. Ms. Weber: Commissioner... Commissioner Alonso: I think that pleasing the people, this difference, 16, 18, is not going to be that great difference. I think that if we can really reach an agreement in a height that is pleasing to the two sides, it's better. If we say 18, and still these people are not pleased, that's not what they want. After all, it's not what you wanted to begin with, can we make a decision in something that everyone, when they leave here, they find that everyone is happy with? The 18, they are saying no, no, no. It's not what they want. Ms. Weber: If I may, Mrs. Alonso... Commissioner De Yurre: Well, can we take a vote on this or what's the story? - Vice Mayor Dawkins: I don't know. Mayor Suarez: Ms. Chairman, please complete the roll call. Ms. Weber: Since we were discussing between - the differences between 15 feet and 18 feet.. Vice Mayor Dawkins: You're out of order, please. Ms. Weber: I asked Mrs. Alonso. - Vice Mayor Dawkins: No, but I'm the chair. I don't care who you asked. - Ms. Weber: Oh, I'm sorry. May I please? Ms. Hirai: Roll call... Vice Mayor Dawkins: Hold it now, wait, no, no, wait. It's 9:28, OK? Now, if any other member of the Commission has something to say, let's do that, all right? Do you have anything to say, J.L.? Commissioner Plummer: I'm waiting to cast my vote. Vice Mayor Dawkins: Mrs. Alonso? Commissioner Plummer: If I can stay awake that long. Vice Mayor Dawkins: Call the roll on the 18 feet. _ 014 MUTION DULY MADE BY COMMISSIONER DE Y'JRRE AND SECONDED BY MAYOR SUAREZ, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE: 218 March 8, 1990 rl AYr.S: Commissioner Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins AASENTi None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: No. I really don't understand what we're doing in the fact that the gentleman could very easily design a house with this same obnoxious arch to it and put it there on that corner. Ms. Weber: It's not the same. Vice Mayor Dawkins: Oh, yes he could. Me. Weber: Its' not the same. Vice Mayor Dawkins: If he wanted to. Ms. Weber: Yes, it's not the same. Vice Mayor Dawkins: OK, but. I'm going to vote along with the majority of you and I'll vote no. (Cheers and shouting) COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Please, please, you're not helping your cause. All right, Commissioners, any other motions on this itecn? Commissioner Alonso: Yes, I think I move the same motion with 16 and I think we can all be happy about this. Mayor Suarez: And then one-third of the mass which is part- of his motion too? -as however we figure out how to define that, which is not going to be easy. And then one-third of the mass which is part of his motion too, as however we figure out how to define that which is not going to be easy. Commissioner Alonso: Yes, yes. The same with 16 in height and reduce one- third. Mayor Suarez: lie's probably going to reduce it more than one-third because it won't be proportionate. Commissioner Alonso: One-third. Commissioner De Yurre: One-third. Ms. Weber: The bulk to one-half. Commissioner Alonso: Yes, he will have to do it anyway, when he goes down, he has to... Mayor Suarez: It, won't be. It won't, believe me, the mass will be a lot less than two-thirds of what the other design called for. Commissioner Alonso: It has to be in proportion too, yes. Commissioner Plummer: That is not the motion. The motion reduces the bulk by one-third or 33 percent and 16 feet. Commissioner Alonso: ...feet. That's right. Vice Mayor Dawkins: We keep meeting your demands and you keep dropping down, give us a break up here. 219 March 8, 1990 ",*yor S17R1'P?.: fir, 'i1. h1V t0 red11CP t.t1Q .R'+QR5' g1!bStant1a1ly ot.hPT-1wise it'A going to come yip with something really st:rinpq— Al] ri.Rtlt. Wp have a motion for 15 feet and reduction of the mass by no less than one-third. Mr. Fletcher: And the landscaping. Commissioner Alonso: Oh, that's understood. Mayor Suarez: And, of course, the landscaping in accordance with the neighbors request. That's the motion. Do we have a second? Commissioner De Yurre: I'll second that one. Mayor Suarez: Seconded. Any discussion of that? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-222 A RESOLUTION, WITH ATTACHMENTS, MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD AND APPROVING A CERTIFICATE OF APPROVAL AS AMENDED BY THE CITY COMMISSION, FOR DEVELOPMENT ACTIVITY INVOLVING THE CONSTRUCTION OF A FRONT AND BACK ENTRANCE, WALLS, AND A PRIVATE. ROAD FOR THE PROPOSED TENTATIVE PLAT FOR THE PROPERTY LOCATED AT 3952 DOUGLAS ROAD, COCONUT GROVE, FLORIDA ("DE GP_RMO ESTATES"), REQUIRING TREE REMOVAL AND RELOCATION, WITHIN ENVIRONMENTAL PRESERVATION DISTRICT NO. 48-1 AND THE DOUGLAS ROAD SCENIC TRANSPORTATION CORRIDOR. (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 Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: Oh, what the hell. Commissioner. Plummer: It's immaterial at this particular point. I wanted a .,.ot more reduction in the mass and that.'s - I'm going to vote no, because 1 think the thing could have been reduced to a 50 percent mass and a third is not going to really be that much. Commissioner De Yurre: So, you're running for office or... Commissioner Plummer.: What? Commissioner De Yurre: Are you running for office or...? Commissioner Plummer: I run for office every damn day of the year. Commissioner Alonso: They are happy with it. Mr. Fletcher: That's what we wanted was 50 percent. (Applause) 224 March 8, 1990 • a 02. (Continued f)iscussion) DISCUSS].ON COAICERNING PR.OPOSF:,D EXECUTION OF AGRET-+Mfi'NT WITfi MIAMI BUS BF..NCfi JOINT VENi.'[?RE (D/B/A BUS BETiCH CO. ) TO MANIIFACTi7RE, INSTALL AND MAItJTAIN BUS BENCHES - SCHEDULE AS :ITEM �kl ON NEXT AGEidDA FOIL P05SIBLF RECONSIDERATIOI.i OF PRIOR VOTE TAKEN ON THIS DATE (Sre label 27). Mayor Suarez: Any other emergency matters? If not, we're adjourned. Commissioner Plummer: Wait a minute, excuse me, yes, there's one clarification from earlier this afternoon. Mr. City Attorney... Mr. Fletcher: They can't design an arch with a one-third reduction. No, they can't Mr. Jorge Fernandez: Yes, Mr. Mayor. Mayor Suarez: Yes? Mr. Fernandez: On item 19, an item on which you took a vote earlier today dealing with the bus bench contract, I need further clarification from you because it wasn't clear to me whether you intended to go by the terms that were stated in the agreement, or go with the terms as we find them in the title of the resolution. And the issue, simply put, is whether you intended this contract to be for an initial five ,year period with two five year periods at a mutual option between the two parties, or really for it to be a 15 year contract to be reviewed at year five and at year ten, and only if... Mayor Suarez: Well, how the bell are we supposed to know what we voted on except what was before us? Commissioner Plummer: What was actually again - what was... Mr. Fernandez: It was the administration. Commissioner Plummer: What was negotiated? Dr. Prieto, would you come before the microphone and tell us what was negotiated? Are your... Mayor Suarez: We're supposed to be correcting something. Mr. Luis Prieto: What was negotiated was on a 15 year basis. The AFP referred to a 15 year basis. Mayor• Suarez: Please! Please, Mr. Berckmans, please Mr. Fletcher, Mr. Courtelis - God, we got some of the big names... Mr. Fernandez: As a point of order, Mr. Mayor, I think, Mr. Plummer, you should move to reconsider your earlier vote on this item so that it could be.... Commissioner Plummer: Maybe I don't want to, but based on hip answer. Mr. Fernandez: OK. Commissioner Plummer: Now, if, in fact... look, all I'm trying to do is say that we should have a motion before the Commission exactly as the way that it was negotiated. Now, that's ail that I'm trying to say. Only you, Doctor, can tell us, how was it negotiated? Mr. Prieto: We negotiated for. them to give us the best price based on a 15 year period. Commissioner Plummer: Is that with a subsequent five year revizw? -- Mr. Prieto: No review, sir. It is - presumably, if there's nc - is there no default, we simply renew every five year period. _ Commissioner Plummer: Well, why then, did it appear on the agenda with the two - five, five, and five? = 2?1 March 8, 199Q Mr. Prieto: Those were options that were being exercised by the company. Commissioner Plummer: What are you recommending? Mr. Prieto; I recommend we go with the contract as we placed it in the resolution. Commissioner Plummer: In the resolution? Mr. Prieto: We attached a contract with a resolution that basically should... Mayor Suarez: Why should we not? Why should we try to change anything at this point? I don't understand what's going on. I mean, I'm willing to reconsider the item if somebody can explain to us what the confusion was at the time. I didn't think there was any confusion. Commissioner Plummer: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Plummer: Can we reconsider this item at the next meeting? Mr. Fernandez: You certainly can. Commissioner Plummer: All right and would all of you get your heads together. I mean, one is saying one thing and... Mayor Suarez: Brief us on the difference between what you thought we were doing and what we thought we were doing and what somebody else thought we were doing, please. And we'll be happy to reconsider it. Commissioner Plummer: Would you schedule this for item number one at the next meeting, please? Mr. Fernandez: I certainly will. Mr. Prieto: Fine. Mayor Suarez: All .right... Mr. Prieto: But it's pretty straight forward, as far as we're concerned. Mayor Suarez: We are, otherwise, then adjourned. 63. RESCHEDULE TIME OF MARCH 22ND COMMISSION MEETING TO START AT 4:00 P.M. ------------------------------------------------------------------------------------ Mr. Sergio Rodriguez: Mr. Commissioner, Mr. Mayor... UNIDENTIFIED SPEAKER: No, no, no, no... Commissioner Alonso: No? Mayor Suarez: No? What do you mean, no? Mr. Rodriguez: The next meeting on March 22nd... Mayor Suarez: I am not going to wait, sir, until - unless you tell me why I should wait! I'm about to adjourn) What reason could you possibly advance at 9:35 why we shouldn't adjourn? Commissioner Plummer: Four o'clock, that's why. Mr. Rodriguez: To establish the hour of 4:00 o'clock for the 22nd. Mayor Suarez: I'm sorry? Mr. Rodriguez: To establish the hour... 11 Mayor Suarez: Well, Gay that in the record. Mr. Rodriguez: I'm trying to tell you. Mayor Suarez: All right. Mr. Rodriguez: That's it.. Mayor Suarez: What is the issue then? You want us to set... Mr. Rodriguez: The hour... Commissioner Plummer: Four o'clock is the start. Mr. Rodriguez: Four p.m. for March 22nd. Mayor Suarez: For the Commission Meeting of March 27th. Mr. Rodriguez: Twenty --second. Commissioner Plummer: Two. Mayor Suarez: Their next Commission Meeting, the planning and zoning. Why 4:00 o'clock? Mr. Rodriguez: Because that's the time that we... Mayor Suarez: So we'll go to 10:00 or 11:00 p.m. again? Why 4:00 o'clock? Mr. Rodriguez: We don't have enough items. - Mayor Suarez: We don't have too many items? Can you think we can make it with 4:00 o'clock? I'm going to throw this thing at you if we can't. Mr. Rodriguez: So far... Mayor Suarez: All right, I'll entertain a motion that with next Commission Meeting is at 4:00 p.m. Commissioner Plummer: So move. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-223 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF MARCH, 1990, TO TAKE PLACE ON MARCH 22, 1990, AT 4:00 P,M. (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 Dawkins Mayor Xavier L. Suarez NOES: Nona. -.E ABSENT: None. Mayor Suarez: Yes, now we're adjourned, Goddammit! It's on the record, the cussing. 223 March 8, 1990 Commissioner Alonso: I hope not. IT ERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:36 P.M. ATTEST: Matty Hirai CITY CLERK Walter J. Foemau ASSISTANT CITY CLERK Xavier L. Suarez M A Y 0 R J 224 March S, 1990 h CITY O MIAMI f DOCUMENT INDEX k 1 • i i.• ... ... (RESOLUTIONS) ACCEPT BID: MERCY OUT --PATIENT CENTER - FOR FURNISHING 90-0173 HEPATITIS B IMMUNIZATIONS - FOR.FIR.E DEPARTMENT. GRANT REQUEST TO DONATE TO THE CITY OF CARACAS, VENEZUELA, 90-0174 AND TO SANTO DOMINGO, OBSOLETE CITY. OF MIAMI SURPLUS FFIRE DEPARTMENT HOSES. I APPRaVE PURCHASE OF X-RAY MACHINE - FOR POLICE DEPARTMENT. 90-0175 AUTHORIZE PURCHASE OF 14 LIFEPAK 10 DEFIBRILLATORjMONITORS 90-0176 FROM PHYSIO CONTROL CORPORATION - FOR FIRE DEPARTMENT. AUTHORIZE PURCHASE OF FIVE INCH FIRE HOSE AND ATTACHMENTS 90-0177 FROM SNAP-TITE HOSE, INC. - FOR FIRE DEPARTMENT. AUTHORIZE PURCHASE OF PETERSEN TL-3 LIGHTNING LOADER FROM 90-0178 HEINTZELMAN'S TRUCK CENTER TO BE USED FOR COLLECTION OF RECYCLABLE WHITE GOODS - FOR SOLID WASTE DEPARTMENT. ACCEPT BID: FLORIDA BUSINESS SYSTEMS, INC. - FOR FURNISHING 90-0179 AND INSTALLATION OF ELECTRONIC FILING SYSTEM FOR CITY CLERK'S OFFICE ( PROJECT 311.017) ACCEPT BID: CLOCK, INC. - FOR FURNISHING FIREARMS - FOR POLICE 90-0160 DEPARTMENT. ACCEPT BID. M. VILA AND ASSOCIATES, INC. - FOR VEHICLE BARRIER 90-0181 AT MODERN MIAMI POLICE DEPARTMENT (PROJECT 312015). ACCEPT BID: MINORITY SYSTEMS, INC. AND SEALAND CONTRACTORS 90-0182 INC. - FOR SWIMMING POOL RENOVATIONS AT CURTIS AND GIBSON PARKS. ACCEPT BID: MCM CORPORATION - FOR SWIMMING POOL RENOVATIONS 90-01.83 TO MORNINGSIDE AND VIRRICK PARKS. ACCEPT BID: BOYS ENGINEERING, INC. - FOR SOUTH FLAGLER 90-0184 SANITARY SEWER PUMP STATION (B-5569) ACCEPT BID: INTREPID THREE COMPANY (BASE BID "C" AND "D") - 90-0185 FOR MODIFICATIONS TO FIRE STATIONS NO. 1, 4, AND 5. ISSUE: REVOCABLE PERMIT TO B A B-W INCORPORATED - FCR USE 90-0186 OF 4,000 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER. AUTHORIZE ACCEPTANCE OF 28 DEEDS OF DEDICATION FOR HIGHWAY 90-0187 PURPOSES. AU'T'HORIZE DESIGNATED STREET CLOSURES, PARTIAL USE, OF STREETS, 90-0188 AND PERMIT SALE OF BEER AND WINE DURING JUNIOR LEAGUE OF GREATER MIAMI'S 'MIAMI MAGIC" FIVE -MILE RUN AND THREE MILEE FUN WALK, AND PROGRESSIVE DINNER GALA FUND-RAISING EVENT. m PAGE 2 OF 3 - H DOCMENT IDENTNICATION ,8.1199 RETRIEVAL Gt DE (RESOLUTIONS) CLAIM SETTLEMENT: LEONEL AND GABRIE'LA PAZ ($65,000). 90-0189 GRANT FUNDING REQUEST - D'IRECT MANAGER TO ALLOCATE $25,000 90-0190 CONCERNING THE NATIONAL ASSOCIATION OF COUNTY ORGANIZATIONS CONFERENCE. ALLOCATE $50,000 IN SUPPORT OF THE "SUNSHINE STATE GAMES". 90-0191 ACCEPT BIDS: (A) INFORMATION MANAGEMENT OF FLORIDA - FOR 90-0192 FURNISHING A 35MM CAMERA - (B) LANIER WORLDWIDE, INC. - FOR FURNISHING A MICROFILM READER PRINTER - FOR BUILDING AND ZONING DEPARTMENT. EXECUTE PROFESSIONAL SERVICES AGR^EMENTS: (A) STRATEGIC 90-0193 INTERNATIONAL, INC. (B) LARRY WARD, AND (C) CARLOS ZERVIGON - FOR PROVISION OF TWO TASK FORCE LEADERS MEETINGS AND EIGHT BOOSTER SESSIONS - FOR POLICE DEPARTMENT; GRANT REQUEST FROM FLORIDA CITY -d DONATE 20 SURPLUS POLICE 90t0194 VEHICLES, SUBJECT TO PROVISO. APPROVE INTERLOCAL AGREEMENT WITH CITY OF MIAMI - PERTAINING 90-0195 TO CITY'S COMMUNITY REDEVELOPMENT BONDS, SERIES 1990 - AUTHORIZE PLEDGE OF TAX INCREMENT REVENUES. AUTHORIZE ISSUANCE OF $22,000,000 OF CITY'S COMMUNITY 90-0196 REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO FINANCE COST OF ACQUISITION OR IMPROVEMENT FOR REDEVELOPMENT OF PROPERTY IN SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA, AND TO FINANCE REPAYMENT OF LOAN FROM U.S. DEPARTMENT OF H.U.D. AMEND AMENDED AND RESTATED GRAND PRIX AGREEMENT (OCTOBER 16, 1985) - PROVIDE FOR SECOND RACING EVENT ON NONCONSECUTIVE WEEKEND, DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP CITY - OWNED PROPERTY - AUTHORIZE PREPARATION OF R.F.P. FOR U.D.P. SET PUBLIC HEARING TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT R.F.P. FOR DEVELOPMENT OF MIXED RESIDENTIAL/ COMMERCIAL USES (MIAMI A.L. KNOWLTON BLOCKS 55N, 56N AND 45N AUTHORIZE SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT COMMITTEE - EVALUATE PROPOSALS. AUTHORIZE REFUNDING OF SPECIAL OBLIGATION BONDS, SERIES 1985 AND ISSUANCE OF SPECIAL OBLIGATION REFUNDING BONDS, SERIES 1990 ($13,000,000) APPROVE PURCHASE OF INVESTIGATIVE SUPPORT VEHICLE FOR POLICE DEPARTMENT. EXECUTE AGREEMENT WITH MIAMI BUS BENCH JOINT VENTURE (D/B/A BUS BENCH COMPANY) - TO MANUFACTURE, INSTALL AND MAINTAIN 1,500 BUS BENCHES, AND TO SELL ADVERTISING ON APPROXIMATEELY 11000 BUS BENCHES, AUTHORIZE AGREEMENT WITH PIECO MIAMI, INC. - TO PROVIDE PROFESSIONAL ENtiIROMENTAL SERVICES CONCERNING REMOVAL OF TWO STEEL FUEL TANKS WITH SUSPECTED GROUNDWATER CONTAMINATION PROBLEM AT FIRE STATION NO. 1 90-0197 90-0199 90-0200 90-0201 90-0202 90-0203 V16 PAGIM_.I_0F 3_ _ 1990 DOCUMENT VENTIFICATION -- RhMENAL CODE N( (RESOLUTIONS) APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL - RESCIND APPOINTMENT OF RALPH GARCIA TOLEDO, JR. (Appointed were: Mercy Rodriguez, RoberLl Blankenship, Annette Eisenberg, and Eladio Armesto, III.) CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF FLAGAMI SANITARY SEWER IMPROVEMENT (DISTRICT SR-5511-C - CENTERLINE SEWERS.) CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF WINONA SANITARY SEWER IMPROVEMENT (DISTRICT SR-5494-C - CENTERLINE SEWERS.) CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF ALLAPATTAH INDUSTRIAL• AREA HIGHWAY IMPROVEMENT - PHASE I (BIDS "A" , "B" AND "C" - DISTRICT H-4485. ) CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF OVERTOWN HIGHWAY IMPROVEMENT - PHASE I (BIDS "A", "B" AND "C" - DISTRICT H-4492) . EXECUTE AMENDMENT TO LEASE AGREEMENT WITH THE BOARD OF DIRECTORS OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CONCERNING STATE-OWNED LAND (LOT 7 AND EAST HALF' OF LOT 5 OF TWIN RIVER ISLAND), MODIFYING PURPOSE OF LEASE AGREEMENT. EXECUTE AMENDMENT TO EXISTING AGREEMENT BETWEEN THE CITY, PIER 5 BOATMEN'S ASSOCIATION, INC., AND BAYSIDE LIMITED PARTNERSHIP AND ROUSE-MIAMI, INC., - CONCERNING IMPROVEMENTS FOR CITY -OWNED MIAMARINA, AND OCCUPANCY OF PORTION OF THE FACILITY BY PIER 5 BOATMEN'S ASSOCIATION . GRANT REQUEST FOR STREET CLOSURE IN CONNECTION WITH DADE COUNTY BAR ASSOCIATION'S ANNUAL LAW DAY RUN. GRANT REQUEST FROM REPRESENTATIVES OF "INFORMED FAMILIES" TO ENDORSE THE "JUST SAY NO (TO DRUGS) WALK" - REFER REQUEST FOR POLICE AND SANITATION SERVICES TO MANAGER. GRANT REQUEST BY REPRESENTATIVES OF "SPLIT SECOND TIMING" FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE CPA 1040K RUN/WALK ACCEPT DONATION OF IMPROVEMENTS AT CORAE GATE PARK FROM WARNER - LAMBERT COMPANY ($20,000) IN CONJUNCTION WITH THE "PRIDE OF MIA14I PARKS" ADOPT -A -PARK PROGRAM. EXECUTE PLAT: GRAN CENTRAL SUBDIVISION" GRANT APPEAL AS MODIFIED - REQUEST REDUCTION OF MASS AND HEIGHT OF CONSTRUCTION - PRESCRIBE LANDSCAPING REQUIREMENTS, ETC. - CONCER41NG CONSTRUCTION AT PROPOSED DE GARMO ESTATES TENTATIVE. PLAT (3952 DOUGLAS ROAD). RESCHEDULE TIME OF MARCH 22ND. COM14ISSION MEETING TO START AT 4:00 P.M. 90-0204 90-0205 90-0206 90-0207 90-0208 90-0209 90-0211 90.;0212 90-0214 90-0215 90-0219 90-0220 90-0222 90-0223