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CC 1989-12-14 Minutes
OF FWIN6 HELD ON QECEtMER 14, 1989 PLANNING & ZONING PapAup sy THE OFFICE OF THE CITY CLERK CITY HALL �yS F�Y4- •l INDEX MtKUT$S OF ANGULAR MISTING CITY COMMISSION OF MIAMI, FLORIDA DECEMB99 14, 1989 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. _ PRESENTATIONS, r PROCLAMATIONS, AND DISCUSSION 1 SPECIAL ITEMS. 12/14/89 2. CONSENT AGENDA DISCUSSION 12/14/89 2.1 ACCEPT BID: J.R. BUILDERS, INC. - FOR R 89-1143 FURNISHING LABOR/MATERIALS FOR 12/14/89 MODIFICATION OF OLD FIRE STATION #2 FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. 2.2 ACCEPT BID: D.E. GIDI AND ASSOCIATES, R 89-1144 INC., FOR MODIFICATIONS TO FIRE 12/14/89 STATIONS 1, 4 & 5 (SEE LABEL 5). 1-2 2 2 2.3 ACCEPT PLAT: "GARST SUBDIVISION". R 89-1145 3 12/14/89 3. (A) EXECUTE GRANT AGREEMENT WITH STATE R 89-1146 OF FLORIDA, DEPARTMENT OF COMMERCE, ORDINANCE DIVISION OF ECONOMIC DEVELOPMENT 10679, ($250,000) - PROVIDE FUNDING OF PASS- R 89-1147 4. THROUGH GRANT FOR STAGING 1990 GRAND R 89-1148 3-6 PRIX - AUTHORIZE GRANT AGREEMENT WITH 12/14/89 MIAMI MOTORSPORTS, INC. (B) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "GRAND PRIX 1990" - APPROPRIATE FUNDS FROM STATE OF FLORIDA: DEPARTMENT OF COMMERCE; DIVISION OF ECONOMIC DEVELOPMENT. (C) WAIVE ALL BUILDING/ZONING PERMIT/CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING ADJACENT TO FEC PROPERTY, STREET CLOSURE AND BANNER FEES REQUIRED OF EVENT PROMOTERS IN CONNECTION WITH 1990 GRAND PRIX. (D) AUTHORIZE CLOSURE OF BICENTENNIAL PARK IN CONNECTION WITH .1990 GRAND PRIX - SUBJECT TO MIAMI MOTORSPORTS, INC.'S AFFORDING MIAMI-DADE COMMUNITY COLLEGE'S CONTINUED USE RIGHTS AS PER AGREEMENT, AND CERTAIN OTHER PROVISOS. , DISCUSS AND TEMPORARILY TABLE PROPOSAL, DISCUSSION 6-12 OF PROFESSIONAL CONCESSIONS, INC., FOR 12/14/89 RIGHT TO OPERATE NOVELTY/MERCHANDISE CONCESSIONS FOR THE ANNUAL ORANGE BOWL CLASSIC FOOTBALL GAME (See label 19). f �x r, 1 t 1 -s Ft t"1�r k (A) RECONSIDER PREVIOUSLY PASSED RESOLUTION WHICH ACCEPTED BID OF D.E. GIDI AND ASSOCIATES, INC., FOR MODIFICATIONS TO FIRE STATIONS 1, 4 & 5 (See label 2.2). (B) REJECT ALL BIDS RECEIVED CONCERNING MODIFICATIONS TO FIRE STATIONS 1, 4 & 5 - INSTRUCT ADMINISTRATION TO REBID PROJECT CALLING FOR BOTH INDIVIDUAL BIDS AND GROUP BIDS - DIRECT ADMINISTRATION TO PROVIDE THE COMMISSION WITH CLARIFICATION REGARDING $33,000 EXPENSES INCURRED. (C) BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING POOR CONDITIONS FOUND AT FIRE STATION NO. 5. 6. DISCUSS AND TABLE PROPOSED EXECUTION OF AMENDMENT TO INTERLOCAL AGREEMENT AND CONTRACT (BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, BAL HARBOUR) WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., FOR CONVENTION PREMISES, BOOKINGS, AND SALES ACTIVITIES. 7. PROVIDE FOR ACQUISITION OF CERTAIN PROPERTIES IN SOUTHEAST OVERTOWN/PARK WEST FOR REDEVELOPMENT PURPOSES - AUTHORIZE ISSUANCE OF $22,000,000 OF COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990 TO FINANCE COST AS WELL AS REPAYMENT OF A LOAN TO THE CITY BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). 8. AUTHORIZE/DIRECT THAT PREVIOUSLY APPROVED RELEASE BY CITY TO INTERNATIONAL OCEANOGRAPHIC FOUNDATION (I.O.F.) OF DEED RESTRICTIONS CONCERNING LAND ON VIRGINIA KEY PROVIDE FOR CITY'S RETENTION OF A "PUBLIC PURPOSE" REVERSIONARY INTEREST - EXECUTE INSTRUMENT WHEREBY CITY COVENANTS I.O.F. ACCESS ACROSS CITY - OWNED LAND TO THE NEARBY BODY OF WATER - APPROVE LETTER OF COMMITMENT REGARDING SCHOLARSHIPS TO UNIVERSITY OF MIAMI. 9. PROHIBIT SALE OF ALCOHOLIC BEVERAGES IN ORANGE BOWL STADIUM DURING 1990 ORANGE BOWL CLASSIC FOOTBALL GAME - ACCEPT OFFERS BY ORANGE BOWL COMMITTEE AND VOLUME SERVICES, INC. ($31,450 EACH) AS COMPENSATION FOR LOST REVENUES. M 89-1149 12-21 M 89-1150 DISCUSSION 12/14/89 DISCUSSION 22-34 12/14/89 R 89-1151 34 12/14/89 R 89-1152 35-36 12/14/89 x 10. (A) AUTHORIZE REVOCABLE PERMIT FOR R 89-1154 47-50 SHAKE —A —LEG, INC., FOR USE OF A PORTION R 89-1155 OF THE BLIZA$ETH VIRRICK GYM AND BOAT 12/14/89 RAMP (2600 S. BAYSHORE DRIVE) — FOR A RECREATIONAL SAILING/ROWING PROGRAM FOR DISABLED RESIDENTS. (B) ENDORSE EFFORTS BY SHAKE —A —LEG, INC., TO SECURE FINANCIAL SUPPORT FROM METROPOLITAN DADE COUNTY, STATE OF FLORIDA AND OTHER FUNDING AGENCIES FOR THEIR ROWING/SAILING PROGRAM FOR DISABLED RESIDENTS — URGE DADE COUNTY BOARD OF COMMISSIONERS TO SUPPORT THE REQUEST. 11. GRANT REQUEST FROM "KIDS IN CRISIS" TO M 89-1156 50-52 WAIVE RENTAL FEE FOR USE OF BAYFRONT 12/14/89 PARK AMPHITHEATER — DESIGNATE DECEMBER 15, 1989 AS ONE OF 30 DAYS RESERVED FOR CITY USE OF BAYFRONT PARK (ORDINANCE 10348) IN CONNECTION WITH "SHINE —A— LIGHT" EVENT. 12. IDENTIFY HENDERSON PARK (EAST LITTLE M 89-1157 53-56 HAVANA) AS ONE OF TWO SITES FOR 12/14/89 ESTABLISHMENT OF TWO PUBLIC HEALTH CLINICS IN THE CITY THROUGH JOINT VENTURE WITH STATE OF FLORIDA — COMMIT TO IDENTIFY THREE PROPOSED SITES IN OVERTOWN FROM WHICH TO SELECT ONE FOR A PUBLIC HEALTH CLINIC. 13. (A) BRIEF COMMENTS CONCERNING ENORMOUS DISCUSSION 56-75 SUCCESS OF UNITED WAY CAMPAIGN. 12/14/89 (B) DISCUSS AND DEFER CONSIDERATION OF VARIOUS ISSUES CONCERNING THE SPORTS AND EXHIBITION AUTHORITY TO THE MEETING OF JANUARY 11, 1990. 14. DISCUSSION CONCERNING PARKING AREA FOR DISCUSSION 75 COMMERCIAL VEHICLES. 12/14/89 15. DISCUSS AND WITHDRAW PROPOSED DISCUSSION 75-78 RESOLUTION AUTHORIZING PURCHASE OF 25 12/14/89 VEHICLES FROM ROGER DEAN CHEVROLET FOR POLICE DEPARTMENT'S PUBLIC SAFETY AIDES. 16.A AUTHORIZE PURCHASE OF 15,000 CURBSIDE R 89-1158 78-83 RECYCLING CONTAINERS FROM REHRIG 12/14/89 PACIFIC COMPANY FOR DEPARTMENT OF SOLID WASTE. 16.8 BRIEF COMMENTS CONCERNING PLACEMENT OF DISCUSSION 83 CITY OF MIAMI SIGN ON PAN AMERICAN 12/14/89 DRIVE. 17. GRANT REQUEST FROM BILINGUAR PRIVATE M 89-1159 84 SCHOOLS ASSOCIATION (BIPRISA) FOR 12/14/89 STREET CLOSURES IN CONNECTION WITH EVENT HONORING JOSE MARTI. 18. COMMEND LA CADENA DE LA DBMOCRACIA FOR R 89-1160 85-56 ITS EFFORTS IN ORGANIZING AN EVENT 12/14/09 KNOWN AS "THE HUMAN CHAIN", A PUBLIC PROTEST AGAINST DEPRIVATION OF HUMAN 's RIGHTS. AM 0 40 19. ACCEPT PROPOSAL OF PROFESSIONAL R 89-1161 86-88 CONCESSIONS, INC. FOR RIGHT TO OPERATE 12/14/89 NOVELTY/MERCHANDISE CONCESSIONS FOR ANNUAL ORANGE BOWL CLASSIC FOOTBALL (See label 4). 20. SECOND READING ORDINANCEt AMEND MIAMI ORDINANCE 88-89 COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE 10680 LAND USE PLAN MAP - BY CHANGING LAND 12/14/89 USE DESIGNATION OF AREA BOUNDED BY N.W. 15 AND 17 STREETS, BETWEEN N.W. 28 AND 30 AVENUES FROM DUPLEX RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL (Applicant: Planning Department). 21. SECOND READING ORDINANCE: AMEND MIAMI ORDINANCE 90-94 COMPREHENSIVE NEIGHBORHOOD PLAN - BY 10681 CHANGING LAND USE DESIGNATION AT 833- 12/14/89 899 N.W. 4 STREET, 430 AND 490 N.W. SOUTH RIVER DRIVE AND 401-449 N.W. 9 AVENUE FROM MULTI -FAMILY HIGH DENSITY RESIDENTIAL (Applicant: G & J Investment Corp.) 22. SECOND READING ORDINANCE: ZONING ATLAS ORDINANCE 94-95 CHANGE AT 833-899 N.W. 4 STREET, 430 & 10682 490 N.W. SOUTH RIVER DRIVE & 401-449 12/14/89 N.W. 9 AVENUE FROM RG-2/5 TO RG-3/5 (Applicant: G & J Investment Corp.) 23. SECOND READING ORDINANCE: AMEND MIAMI ORDINANCE 95-96 COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE 10683 LAND USE PLAN MAP - BY CHANGING LAND 12/14/89 USE DESIGNATION AT 146-170 N.W. 35 STREET FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL (Applicant: Edward J. Gerritts, Inc.). 24. SECOND READING ORDINANCE: ZONING ATLAS ORDINANCE 96-97 CHANGE AT 146-170 N.W. 35 STREET FROM 10684 RG-2/5 TO CG-1/7 (Applicant: Edward J. 12/14/89 Gerritts, Inc.) 25. DIRECT CITY ATTORNEY TO INVESTIGATE M 89-1162 97-110 ALLEGATIONS MADE AGAINST PRESENT 12/14/89 ADMINISTRATION OF THE CUBAN MUSEUM AND, IF VERIFIED, TO PROCEED WITH PERTINENT EVICTION PROCESS. 26. FIRST READING ORDINANCE: AMEND MIAMI ORDINANCE I11 COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE FIRST READING LAND USE PLAN MAP - BY CHANGING LAND 12/14/89 USE DESIGNATION AT 890 N.E. 69 STREET, 7000 N.E. 9 COURT AND 950-990 N.E. 71 STREET (BAY VISTA MARINA) FROM SINGLE- FAMILY RESIDENTIAL TO RECREATION (Applicant: Planning Department). 27. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 112 CHANGE AT 890 N.E. 69 STREET, 7000 N.B. FIRST READING 9 COURT AND 950-990 N.S. 71 STREET (BAY 12/14/89 VISTA MARINA) FROM RS-2/2 TO PR (Applicant: Planning Department).:' , :r 28. GRANT APPEAL BY LEONARD LEVENSTEIN - R 89-1163 11-117 REVERSE ZONING BOARD'S DENIAL OF 12/14/89 c SPECIAL EXCEPTION TO PERMIT EXTENSION OF DOCK M00RING PILINGS INTO BiSCAYNE §F BAY. y � 4r k 4 'i 3 y, tit _ f� int 3X Ytt�pP. < 29. BRIEF COMMENTS BY A GROUP OF IRATE DISCUSSION RESIDENTS CONCERNING THE LOZANO CASE. 12/14/89 30. ISSUE MAJOR USE SPECIAL PERMIT - FOR R 89-1164 BRICKELL GATEWAY PROJECT, PHASE I - AT 12/14/89 1429-1460 BRICKELL AVENUE, 100-192 S.E. 14 TERRACE AND 101-149 S.R. 14 LANE; 1- 15 S.W: 15 ROAD AND 35-87 SOUTH MIAMI AVENUE (Applicants Brickell Gateway, Ltd.) 31. SECOND READING ORDINANCE: AMEND MIAMI ORDINANCE COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE 10685 LAND USE PLAN MAP - BY CHANGING LAND 12/14/89 USE DESIGNATION AT 3490 & 3500 MAIN HIGHWAY FROM RESTRICTED COMMERCIAL AND SINGLE-FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Internal Improvement Fund/State of Florida/Department of Natural Resources.) 32. SECOND READING ORDINANCE: ZONING ATLAS ORDINANCE CHANGE AT 3490 & 3500 MAIN HIGHWAY FROM 10686 SPI-2 AND RS-2/2 TO GU (Applicant: 12/14/89 Internal Improvement Fund/State of Florida/Department of Natural Resources). 33. DENY PROPOSED FIRST READING ORDINANCE - M 89-1165 TO AMEND MIAMI COMPREHENSIVE 12/14/89 NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION AT 1800-1818 S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE (Applicant: Armando Vicente). 111-120 120-131 132 133-134 134-142 - 34. DENY PROPOSED FIRST READING ORDINANCE - M 89-1166 143 CHANGING ZONING ATLAS AT 1800-1818 S.W. 12/14/89 21 TERRACE FROM RS-2/2 TO RO-3/6 -, (Applicant: Armando Vincente). 35. DENY PROPOSED FIRST READING ORDINANCE - M 89-1167 143-149 - CHANGING ZONING ATLAS AT 3040 CARTER 12/14/89 STREET AND 3065 PLAZA STREET FROM RG- 1/3 TO CG-1/7 (Applicant: Culligan Water Conditioning, Inc.) 36. DENY APPEAL - UPHOLD ZONING BOARD'S R 89-1168 149-153 DECISION TO UPHOLD PLANNING DIRECTOR'S 12/14/89 APPROVAL OF CLASS C SPECIAL PERMIT TO ALLOW OFFICE BUILDING AT 2701 DAY€ _ — AVENUE (Appellant: Apogee Association, Inc.) x .t r 54: r y e h r U i 3�. (A) FIRST READING ORDINANCE: AMEND ORDINANCE 154-158 SCHEDULE OF DISTRICT REGULATIONS OF FIRST READING 9500 — CHANGE UNIT DENSITY CAP PER NET M 89-1169 _ ACRE, DELETE STORES IN RG-2, GENERAL 12/14/89 - RESIDENTIAL - ADD NEW ZONING DISTRICT - CLASSIFICATION: "CON. CONSERVATION" (RESERVED FOR ENVIRONMENTALLY SENSITIVE — AREAS) — AMEND ZONING ATLAS — CHANGE ZONING CLASSIFICATIONS AFFECTING _— — APPROXIMATELY 15% OF TOTAL AREA OF CITY _ LAND TO ACHIEVE COMPLIANCE WITH MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989— _ 2000; etc. — (B) SCHEDULE SECOND READING OF ABOVE — CITED ORDINANCE FOR FEBRUARY 8TH MEETING. 38. INSTRUCT CITY MANAGER TO IMMEDIATELY M 89-1170 158-159 CONTACT METROPOLITAN DADE COUNTY 12/14/89 OFFICIALS TO RESOLVE PROBLEM WITH DISCONNECTION OF WATER SERVICES IN LOW INCOME FAMILY AREA AT 1801 N.W. 2 AVENUE, 1775 & 1801 N.W. 2 COURT AND 1229 N.W. 1 COURT. 39. INSTRUCT STAFF TO BEGIN WORK ON SOME OF DISCUSSION 159-160 THE OVERLAYS NECESSARY CONCERNING THE 12/14/89 SCHEDULE OF DISTRICT REGULATIONS OF ORDINANCE 9500 — PRESENT PROPOSAL FOR CHANGE OF ZONING AT FEBRUARY 8TH MEETING, PRIOR TO SEEKING FURTHER DIRECTION FROM CITY COMMISSION. �r a t° r ff rb � i MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of December, 1989, 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 2:12 p.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 invc,^ation 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. 1. Proclamation awarded to Miss Laura Diane Bradley, "Miss Miami 199011, who will be representing Miami at the Miss Florida Pageant in Orlando. 2. Commendations to the five Outstanding Police Officers of the Month of July, August, September, and October, 1989. Recipients were: Officer Richard Gentry, July, 1989; Officer George Cavidad, August, 1989; Officers Tomas Braga and Richard Gentry, September, 1989; Officer Armando i Fuentes, October, 1989. 3. Special appreciation to Senator Carrie Meek for the strong support she gave to Dade County during the last legislative session in Tallahassee." ------ -- --------- ------- --- ------ -------------------- --- i 2. CONSENT AGENDA Mayor Suarez: In the consent agenda, we have items CA-1 through CA-5. Is there any, Mr. Manager, that has been withdrawn? 4 Mr. Odio: No, sir, to my knowledge. Mayor Suarez: Commissioner Plummer I know Y , you had clarifications on one of them at least. ' ry Commissioner Plummer: No, I've got additions to CA-3 and I'd like to discuss 'A CA-4. . Mayor Suarez: Why don't we discuss that one separately then? G Vice Mayor Dawkins; Let's discuss what now? ,b Mayor Suarez: CA-3 wants to..0 Commissioner Plummer: I've Sot addition of things for A7-9 *Ad y.. discuss something on tour, x ,uY s Vice Mayor Dawkinat All right, I'd like to discuss something on four also. Commission Alonso: Me too. Mayor Suarez: OK. So item CA-1, 2 and 5 constitute the consent agenda. If anyone from the general public wishes to be heard on those items, please step forward. Let the record reflect that no one has stepped forward. Commissioner Plummert Move the remainder. Mayor Suarez: Moved. Do you want to second it? Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion on the items CA-1, 2, and 5? Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR DAWKINS, THE CONSENT AGENDA, WITH ABOVE CITED EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 2.1 ACCEPT BID: J.R. BUILDERS, INC. - FOR FURNISHING LABOR/MATERIALS FOR MODIFICATION OF OLD FIRE STATION #2 FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. RESOLUTION NO. 89-1143 A RESOLUTION ACCEPTING THE BID OF J. R. BUILDERS, INC. FOR THE FURNISHING OF ALL LABOR AND MATERIALS FOR THE MODIFICATION OF OLD FIRE STATION #2 FOR THE _ DEPARTMENT OF GENERAL SERVICES ADMINISTRATION IN AN AMOUNT NOT TO EXCEED $9,945.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING FUND, ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and — on file in the Office of the City Clerk.) 2.2 ACCEPT BID: D.E. GIDI AND ASSOCIATES, INC., FOR MODIFICATIONS TO j' FIRE STATIONS 1, 4 & 5 (SEE LABEL 5). RESOLUTION NO. 89-1144 T„t; THIS RESOLUTION IS RECONSIDERED BY M-89-1149. _ f "r k: t Ilk :.F . �.�x ✓ Kt r ch�� hyF.�44`3'^t`•'rr�� a ,5te — _— —_ — — 2.3 ACCEPT PLATS "GARST SUBDIVISION". RESOLUTION NO. 89-1145 A RESOLUTION ACCEPTING THE PLAT ENTITLED "GARST SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; 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.) 3. (A) EXECUTE GRANT AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT ($250,000) - PROVIDE FUNDING OF PASS -THROUGH GRANT FOR STAGING 1990 GRAND PRIX - AUTHORIZE GRANT AGREEMENT WITH MIAMI MOTORSPORTS, INC. (B) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "GRAND PRIX 1990" - APPROPRIATE FUNDS FROM STATE OF FLORIDA: DEPARTMENT OF COMMERCE; DIVISION OF ECONOMIC DEVELOPMENT. (C) WAIVE ALL BUILDING/ZONING PERMIT/CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING ADJACENT TO FEC PROPERTY, STREET CLOSURE AND — BANNER FEES REQUIRED OF EVENT PROMOTERS IN CONNECTION WITH 1990 _ GRAND PRIX. (D) AUTHORIZE CLOSURE OF BICENTENNIAL PARK IN CONNECTION WITH 1990 GRAND PRIX - SUBJECT TO MIAMI MOTORSPORTS, INC.'S AFFORDING MIAMI- DADE COMMUNITY COLLEGE'S CONTINUED USE RIGHTS AS PER AGREEMENT, AND CERTAIN OTHER PROVISOS. Mayor Suarez: Item CA-3. Commissioner Plummer: Mr. Mayor, the item on the agenda is the pass through _ money which is normal from the State of Florida through to the City of Miami. I have to add to that, if I may, and, at the same time, a resolution waiving all the building and zoning permit and certificate fees, dockage fees for boats at FEC street closure and banner fees for the 1990 Grand Prix. Also, a resolution authorizing the closure of Bicentennial Park from February 10 to the 26th for 1990 Grand Prix event requiring additional insurance protection to the City of Miami -Dade Community College and allowing the college interrupted use of the ball fields at Bicentennial Park. Now, do I have to do the ordinance in a separate...? Mr. Jorge Fernandez: Yes, in fact each of them has to be passed on separate. Commissioner Plummer: Each resolution? Mr. Fernandez: Each resolution has to be passed separately. Commissioner Plummer: Including 3-A7 Mr. Fernandez: Three A would be one vote and the other two resolutions that you read, really require a separate vote. f' Commissioner Plummers All right, Mr. Mayor, I apologize. I was unaware of k that. So then, I move three A. Vice Mayor Dawkins Second. i r Mayor Suarez; So shoved. CA-3 and seconded. Any discussion? Ii not, p;aeae.,fi call, the roll. Y� sty, 3 The following resolution waft introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1146 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $250,000, PROVIDING FOR THE FUNDING OF THE PASS -THROUGH GRANT FOR THE STAGING OF THE 1990 GRAND PRIX; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI MOTORSPORTS, INC., TO EFFECTUATE SUCH STATE GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: CA-4. Commissioner Plummer: Wait, whoa, whoa, now I got to do each one individually, unfortunately. THEREUPON, THE COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: What this does is to set up the fund that money you just received. I so move. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: That's still CA-3? OK. Any discussion? If not, read the ordinance. You've read it. Mr. Plummer: I've read it. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO 'THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll.' AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE, FUND ENTITLED "GRAND PRIX 1990", APPROPRIATE FUNDS FOR ITS OPERATION IN THE AMOUNT OF $250,000 FROM THE STATE OF FLORIDA: DEPARTMENT OF COMMERCE] DIVISION OF ECONOMIC DEVELOPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ,r Was introduced by Commissioner Plummer ,and seconded by Comaalosio4o;", Dawkins, for adoption as an emergency measure and dispensing, alth:' tbe:. requirement of reading same on two separate days, which was agreed to by t following VQte: ay4 � ,y AUSI Comissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSBNTt None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10679. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: A resolution waiving all building and zoning permit and certificate fees... dockage fees for boats at FEC'a street closures and banner fees for the 1990 Grand Prix. I so move. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1147 A RESOLUTION WAIVING ALL BUILDING AND ZONING PERMIT -- AND CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING Y ADJACENT TO THE FEC PROPERTY, STREET CLOSURE FEES, AND BANNER FEES REQUIRED OF THE EVENT PROMOTERS FOR THE 1990 GRAND PRIX. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) _ 4r' Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES$ Commissioner Victor De Yurrei Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins" Mayor Xavier L. Suarez NOES $ None • y_ ABSENT$- None. Comlaia$aianpr Plu$maer$ A resolution attthoriuing the closutre of n Park trm February lA to 26th for the 1990 Grand Prix event ,.;'i4u ir�?�$ i a$dditi.onol insurance protection to the City send Mlami-Dado 844 411Owing the college uninterrupted ua@ so nove • of the t4xl 41*14s ag A-106gtlun�'� x �` ` t ,ut .,. �. h n Mayor Suarez: So moved. Commissioner Alonso: I second. Mayor Suarez: Seconded. Any discussion. If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1148 A RESOLUTION AUTHORIZING THE CITY MANAGER'S CLOSURE OF BICENTENNIAL PARK FOR THE PERIOD FEBRUARY 10, 1990 THROUGH AND INCLUDING FEBRUARY 26, 1990 SUBJECT TO MIAMI MOTORSPORTS, INC.'S AFFORDING MIAMI-DADE COMMUNITY COLLEGE'S CONTINUED AND UNINTERRUPTED USE RIGHTS PURSUANT TO THAT CERTAIN USE AGREEMENT DATED JUNE 25, 1981 WHICH EXPIRES ON JULY 24, 1990 BETWEEN MIAMI-DADE COMMUNITY COLLEGE AND THE CITY OF MIAMI AND SUBJECT TO MIAMI MOTORSPORTS, INC. PROVIDING SUCH ADDITIONAL INSURANCE PROTECTION AND INDEMNITY PROTECTIONS TO THE CLAIMS AND LOSSES WHICH MAY ARISE FROM THE GRAND PRIX RACE SITUATED IN PART AT BICENTENNIAL PARK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSTENTIONS: Vice Mayor Miller Dawkins. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: I abstain because I am employed at the college. Commissioner Plummer: Thank you, Mr. Mayor. Mayor Suarez: Thank you. Commissioner Plummer: See you all at the race. 4. DISCUSS AND TEMPORARILY TABLE PROPOSAL OF PROFESSIONAL CONCESSIONS, INC., FOR RIGHT TO OPERATE NOVELTY/MERCHANDISE CONCESSIONS FOR THE ANNUAL ORANGE BOWL CLASSIC FOOTBALL GAME (See label 19). k } ^----------------------------- --------- --------�_..�.___.r..,. Mayor Suarez: CA-4, professional concessions. h� Vice Mayor Dawkins: Will somebody tell me why, with the Orange Bowl being in , the State of Florida, in the City of Miami, and the game being played in Miami, why you're signing a contract with a company that says, a profit corporation with it's principle offices located at 800 N.B. Sth Street,; Ft.` Lauderdale, ylorida. Ms. Diane Johnson: Commissioner Dawkins, bid iAV#0�ops warn _404, Out: t throughout the local area, iaclvding adck3ti4aal a oliatiatioms'' t'et�Sh office of Minority and Suoiness. Affairs, We solicited bids frs�m all ovprs, � v� 6?+a9AI9F1! s The bid that came in is from a firm that's offices are located in rt. Lauderdale, but of the three owners, one is a Miami resident, and he owns one- third of the business. Vice Mayor Dawkins: And what are they going to sell that nobody else in Miami can sell? Ms. Johnsont Well, it's not just the sales, it is the management of the merchandise concession for the Orange Bowl Game. The specific items will be tee shirts, sweat shirts, caps, hats, things of that nature that typify the Orange Bowl Game and the teams playing. Vice Mayor Dawkins: And the people whom we pay over there in Mr. Ruder's office, nobody had the expertise since nobody locally bid with this, to have done this themselves and whatever profit and etcetera, would be made would have been to benefit the City of Miami? Ms. Johnson: We don't have the in-house expertise to manage a commercial operation like this, sir. Vice Mayor Dawkins: I'm going - out of character and conviction, I'm going to vote no. Commissioner Plummer: Are you finished, Commissioner? Vice Mayor Dawkins: Yes. Commissioner Plummer: Mr. Mayor, I seriously question as to why we would give a contract in relation to the Orange Bowl which is less than what our present concessionaire gives us right now, which is 42.1. What they're proposing to give us in here is 40.5 and this is the biggest game of the year, but I also note in the contract, that this contract goes out until August of 1992 and I don't see any provisions for an escalation in years to come. Vice Mayor Dawkins: Well, number one, Mr. Plummer, I move that it be a one year contract only if you guys pass it. I'm voting against it. But I would hope that it would only be for one year contract. Commissioner Plummer: OK, well that was the basis I was trying to get to. Mayor Suarez: Well, let me... Commissioner Plummer: It's actually more than a three year contract, it's a three with three is the way I understand it. Ms. Johnson: That's correct. Mayor Suarez: I think you're making a lot of good points, but one is, I''m confused about. If this is a - aren't we taking a percentage of the take here? Ms. Johnson: That is correct. We are also taking... Mayor Suarez: You don't have escalation clauses when you're taking a ,{ percentage of the take. I mean, if the take is higher, you get more. If the take is lower, you get less. I mean...> 1f; Commissioner Plummer; That's why my first comment was z to the percentage. Mayor Suarez: Right, now why isn't the percentage... that's a very pertinent one. E, Ms, Johnson: Would you be will to re... el UNIDENTIFIED UNIDENTIFIED SPEAKER: Not no we're not. 1t Ms. Johnson: Yes. w Mayor Suarez: Why isn't it at least as high as we presently have for, No. Johnson: It is a different type Of COncessi.ont opersttas.' q .. S i iinnaa J a Mayor Suarez: No, no, go ahead, go ahead, please. Ms. Johnson: This is a novelty, a merchandise concession. This is not a food and beverage concession, number one. There are different percentages that they... and markups and different costs involved. Not only that, but Volume Services operates every game, every event at not only the Orange $owl, but at the Marine Stadium and at the baseball stadium. So, they have a much more comprehensive and much more opportunities to operate. This is a one day... Mayor Suarez: And what was the difference in percentages, Just out of curiosity? I know the Commissioner made reference to it. Ms. Johnson: Yes, 1.9. Mayor Suarez: OK, forty what to forty what? Ms. Johnson: They are offering 40.5, Volume Services. Mayor Suarez: No, no, no, I just wanted a simple answer to that question. Ms. Johnson: Volume Services is 42.1. Mayor Suarez: All right, I'm satisfied, I don't have any more questions. Mr. Odio: The company is here and you want to ask him if he wants to pay 42? Mayor Suarez: If any commissioner would want to inquire of the company. If not, we're Just asking questions of staff. Commissioner Plummer: I'll move that this be deferred. Ms. Johnson: The Orange Bowl Game is coming up. Commissioner Plummer: Who do you work for? I'll move it be deferred. Let 'I 1 them think about it for a while. Commissioner Alonso: I second. —_ Mayor Suarez: Moved and seconded as to deferral. Any discussion? If not, — please call the roll. Ms. Johnson: May we attempt to bring it back later this afternoon? Commissioner Plummer: Maybe. Mayor Suarez: That would be effectively a tabling. Commissioner De Yurre: Let me ask something. When did this go out,fdr bids? Ms. Johnson: It went out for bids in November. Commissioner De Yurre: November. Ms. Johnson: Right. f fi Commissioner De Yurre: We knew there was an Orange Bowl Game coming up` •this' - year, right? Ms. Johnsons That is correct. Commissioner De Yurre: That usuallyha ens PP ever y year. Ms. Johnson; That's correct. Commissioner De Yurrev And now, you bring it to us and you hold,.th+a $ against our heads, saying we have to approve it today because we have the game coming up on the first, F1 Commissioner Plummers No, we don't have to. Commissioner De ,•Yurre; Weil, : -that's why theyf to tryingto ado 10WIii+r.w't- we know there's a gatae coming uP, why didn't this, happsea• 04tho of � �F� 0" r � b n Mr. Odio: Wait. Because we did do it months ago, Commissioner and the problem is, we had some problems with tayside and the Bayfront park Trust. They got involved in.., they got in between us and they wanted to sell... Commissioner De Yurre: How did they get in be... Commissioner Plummer: And the Orange Bowl? Mr. Odio: They wanted to do the concession sales at first, the trust, and then they - at the last moment, they decided they wouldn't. Commissioner Plummer: That has nothing to do with the Orange Bowl. Mr. Odio: Yes, it does. Ms. Johnson: In prior years, there was a joint operation with both the Orange Bowl Game and the parade. They were conducted by the same operator. Vice Mayor Dawkins: But, five years ago, we did not have Bayfront Park. Ms. Johnson: They still had a concession operator that was handling both concessions. Commissioner Plummer: Yes, that's the people. They had the situation and that ran out. Ms. Johnson: That's correct. Commissioner Plummer: OK. Commissioner Alonso: And how many companies from Miami were invited to participate? Ms. Johnson: I have not totaled them up, but I believe there are approximately ten on the bidders list that were local. Vice Mayor Dawkins: But, Commissioner Alonso, what we're missing here is, you send a bid out in November to do something in December. I mean, people will pass it up because they do not have the manpower or the time... Commissioner Alonso: Exactly. Vice Mayor Dawkins: ...to actually sit down and price it out. Commissioner Alonso: Exactly, exactly. I couldn't agree more. Ms. Johnson: We had to wait - excuse me, but we did have to wait until we had the word back from the Bayfront Trust on the parade. Commissioner Plummer: This doesn't include the parade. Ms. Johnson: It doesn't, but it would have had we gotten -the answer back,,from the Trust sooner. Commissioner Alonso: I think our responsibility is to the people of Miami and the business of Miami and we should really try to emphasize that we want;moxe companies, that the money will remain in the City of Miami and I don't know, �r it bothers me that we see so many bids and they come from places that are not necessarily Miami and I don't know, but we have so many companies and why, should we give all of these to places that they are not going to benefit the citizens of Miami? I just cannot understand that and we have to look - if we don't have a system that is appropriate, if we don't send the things on time, we will, perhaps, have to address that problem and do it differently., ia: order to know that it's going to benefit companies in Miami that operato within thh r City of Miami. #�,r aM Commissioner Plummer: Lot me Ask this question. is this. for more than � f� orange Bowl Game or just the Orange Bowl Classic?_ me. ,?Qhnsos; it'e ;just for the Qranp Fowl Claaaio.,. they.. rill. ape .a r7r ,operate 6dj acent to the ticket booth for +� few: d y p0ox , sf . so that... d r' ��- Commissioner Plummmert I understand that, but the way it's written, it says to August of 192. Ms. Johnson: That's... Commissioner Plummer: So that doesn't include any other game? Ms. Johnson: No, it does not include any other time. Commissioner Plummer: Does this allow them to operate inside of the stadium? Ms. Johnson: They have one spot available to them at ticket booth five. Commissioner Plummert That's inside of the stadium? Ms. Johnson: Well, it's actually an office with its sales offices facing outwards. And if I may respond to Commissioner Alonso's comment, they do hire local non profit groups, most of which are minorities to operate the individual stands and each of those non profit groups is given ten percent of the gross. Commissioner Plummer: Question. Their minimum guarantee is how much? Ms. Johnson: $32,500. Commissioner Plummer: Why are you only requiring them to put up $5,000 in advance? Ms. Johnson: Basically, because it's a very high capital expenditure. They have to purchase all the merchandise, of course... Commissioner Plummer: Oh, I understand that. Ms. Johnson: ...prior to the game. Commissioner Plummer: What control will you keep over the sale of percentages? Ms. Johnson: We have mandated that they must hire an independent certified public accountant and that accountant must be approved by the City of Miami - finance department and that person will be the one who will be doing the inventory and closing out the books for each sale. Commissioner Plummer: Well, it seems unfair, to me, that our regular - concessionaire pays 42.1 and this 40.5. That's my problem. Commissioner De Yurre: Well, why is it that the same people that run the, you - know, the other events, such as the Hurricane games, how come they're not in this process? What makes it different? Ms. Johnson: Actually, the City of Miami does not have the right to novelty merchandise for the University of Miami games. Those are controlled by the' _ University. They, in fact, do hire the... s _ 5k Mayor Suarez: Yes, who, typically, does their concessions and... z Ms. Johnson: The same firm._ Mayor Suarez: The same firm. ` Commissioner De Yurre: And what's the deal they have there? Ms. Johnson: I do not know. Perhaps he would - Mr. Mineri would like to,.. Y Mr. Dennis Mineri: Excuse me, I'm Dennis Mineri, I'm chief exocutivssofficer of Professional Concessions. If I could please clarify a tow points befe�re the Commission. Our company is composed of three equal partners, obs of Vhie*h In a resident of the City of Miami; myself, I'm a resident of froward County and our third partner is a resident of Pale Beach County. We have ecgordl��tt r l 7-. ' our • novelty sales at the Orange Bowl Stadium, eompsny, for the years. prior to that, with the University oftiaa► end Miami _ Dolphae..Yg ;, F I far as the 40.5 percent commission, this is for souvenir merchandise which is officially licensed. it is all dated and manufactured with the intent to be sold on that specific day. At the end of that day, the merchandise has negligible value and in years past, we tried to carry an ample inventory to cover the sales and have been left with a lot of remaining merchandise. Standard in the industry for a one day game is approximately 35 percent and you can research this with Rose Bowl, Sugar Bowl, and various other bowls. Excuse me. But to bid any more than 36 or 37 percent, we're talking two totally different things as far as novelties versus food and beverage items. Commissioner Plummer: Why did you bid 40.5 then? Mr. Mineri: With - it's the best... Commissioner Plummer: It sounds like to me you're bidding to make a loss. Mr. Mineri: No, we're not going to make a loss, obviously, but... Commissioner Plummer: You said anything over thirty-seven. Mr. Mineri: Is unusual. Since we are local, we don't have to bring people in and bring equipment in, you know, we feel we can go at approximately 40.5, but it's not going to be easy. In order to do that, well, there are some other items that we would have to ask of the Commission. Namely, one, is to restrict any outside vending in about a one block radius adjacent to the Orange Bowl, just for novelties. Commissioner Plummer: I think they ought to have a little time to think about it, Mr. Mayor. Commissioner De Yurre: Now, why don't you answer my question. What's the deal you have with the University of Miami? Mr. Mineri: OK, we are paid a flat management fee with the University of Miami. The University of Miami gets all the profits and we simply manage it. We take the merchandise from them and are... Commissioner De Yurre: They purchase their own merchandise... Mr. Mineri: Yes, they do. They... Commissioner De Yurre: ...you just handle it for them and... Mr. Mineri: That's right, we do the merchandising at the stadium for them.. Commissioner De Yurre: You also go through the process of hiring the vendors and all of that? Mr. Mineri: Yes, we do. We try to include as much minority participationas possible, college groups primarily, Black, Hispanics, senior citizens and a large percentage of women. Mayor Suarez: If the chair understands the motion then, the item is tabled unless someone has another motion to make, we'll... Commissioner De Yurre: My beef is that I'm tired and either, you know, we put up a stand or we go on with it and accept it, but I'm not willing to accept and that is that we get all these items on a rush basis and we have a make a decision, because if we don't make the decision, then it falls upon us that something improper is going to happen or not the right thing is going to come _! about. And I'm just tired of that happening and I'm not about to vote in s favor of nothing that again, I feel I'm having a gun put to my head becoune.we have to vote on it today because the game's on the lot. Simple. Mr. Mineri: I realize that, sir. Historically, ordering for this event f should be done by December lot. At this point, we're at the 14th and... Mayor Suarez: Yes, that's really not directed at you so much as at oursoIoes or staff. = , Commissioner De Yurre: No, it has nothing to do with you, It has to dcm" the administration. ' e 4, 1 r 1 Mayor Suarez: OK, we're, for the moment, tabling the item unless someone has any other motions to snake and I understand that to be the import of your prior motion, Commissioner Plummer. Commissioner Plummer: Correct. 5. (A) RECONSIDER PREVIOUSLY PASSED RESOLUTION WHICH ACCEPTED BID OF D.E. GIDI AND ASSOCIATES, INC., FOR MODIFICATIONS TO FIRE STATIONS 1, 4 & 5 (See label 2.2). (B) REJECT ALL BIDS RECEIVED CONCERNING MODIFICATIONS TO FIRE STATIONS 1, 4 & 5 - INSTRUCT ADMINISTRATION TO REBID PROJECT CALLING FOR BOTH INDIVIDUAL BIDS AND GROUP BIDS - DIRECT ADMINISTRATION TO .= PROVIDE THE COMMISSION WITH CLARIFICATION REGARDING $33,000 EXPENSES INCURRED. (C) BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING POOR CONDITIONS FOUND AT FIRE STATION NO. 5. ------------------------------------------------------------------------------ Mayor Suarez: OK, Commissioner Dawkins, Mr. Vice Mayor. Vice Mayor Dawkins: CA-2 because Mr. Oliver Gross wanted to speak on CA-2 and he wasn't in the building at that time. Mayor Suarez: OK, if we need then to reconsider, we will. If not, at Commissioner's request, the Vice Mayor's request, we can... Vice Mayor Dawkins: ...that's the CA agenda. Mayor Suarez: Right. We can take any input from Mr. Oliver Gross. Is it favorable to the item? Vice Mayor Dawkins: No. Mayor Suarez: OK, that makes sense to take some input then. Then we may have to reconsider, Commissioners. Mr. Jorge Fernandez: •Wouldn't you need to open for reconsideration before you`, hear on this item, Mr. Mayor? Mayor Suarez: All right, I'll entertain a motion to reconsider to be more technically on all fours here. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the _ roll as he passes out the documentation. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-1149 A MOTION TO RECONSIDER PREVIOUSLY PASSED R 89-1144 �.r (ACCEPTING BID OF D.E. GIDI AND ASSOCIATES, INC. IN n THE PROPOSED AMOUNT OF $178,000 FOR MODIFICATIONS TO FIRE STATIONS NOS. 1, 4 AND 5). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: s k .12 3leaemiisr *gig AYRS: Commissioner Victor De 'Y'urre Commissioner J, L. Plummer, Jr. Commissioner Miriam Alonso _ Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Oliver Gross: I thank you, Commissioners. Again, my name is Oliver Gross and I'm vice president of Intrepid Three Company. This is in reference to City of Miami bids for fire stations number one, four, and five which you were the low bidder on about approximately three weeks ago, I would think. We were advised, after following up on our bid, that our bid was going to be kicked _ out for being non-reaponsive. Initially, it was said to us that there was some conflicting kinds of information conveyed to us. Based on our interpretation of the bid documents, we felt that we submitted our bid in good faith and in accordance with the bid documents. What I'm asking succinctly is, is that appears to be some minor differences, some which can be, we think, rectified very, very easily. Mayor Suarez: Yes, there's one that comes flying right at you when you read this letter dated November 28th. Let's clarify that one. Dr. Prieto, he's saying here in this letter that the main problem was that they submitted the application or the bid in single copies instead of duplicate. Mr. Prieto: That's right, air. That was... - Mayor Suarez: You invalidated an applicant because they didn't have an extra copy? I mean... Mr. Prieto: Yes, air, we didn't do this in the past. Mayor Suarez: Are we that technical? Mr. Prieto: But the City Commission directed us to do that last year. It was a resolution of this City Commission that we could not accept it. Commissioner Plummer: Yes, very definitely. You know, I have no qualms about the fact, if we're going to have a bidding procedure, we set out a set of specs that you either comply or you don't. Now, you know, it's just that simple as far as I'm concerned. And people who do not comply with,specs,_in my opinion, are not bidders. It's - you know- it's the old story, if you do a little bit here to bypass competitive bidding and you do here a little bit more and here a little bit more, it eventually destroys your bidding procedure. But now... Vice Mayor Dawkins: OR, so this is going to be the policy from here on"in. , Commissioner Plummer: Excuse me? It has been... - Vice Mayor Dawkins: Because you have - who was that? -where is Mr. Williams? Commissioner Plummer: Where's who? `3 Vice Mayor Dawkins: Mr. Ron Williams. No, wait, I'll wait till this is over. {r> Go ahead, go ahead, I'm sorry. Go right ahead. Mayor Suarez: My only question is, wouldn't an alternative be and is.thts } ys 1, prescribed by the code? -I mean, what the Commissioner's... Mr. Prieto: It's prescribed by City ordinance. r� T Mayor Suarez: And that any such deficiency, including the number of copies,; is sufficient to disqualify you? Mr. Prieto: It is at this moment, sir. It is in effect. r' Mayor Suarea: I'm trying to think if in appellate proceedings, it 7,04 have x� ' leas than the exact number of copies that they will disavow your appeal;"" disallow your appeal rather. And I'm not even sure that the appell$te mRerur�a ' �� 13 K,4,°4�;'P."�., 4 are that strict. I mean, you could, maybe, make copies and then charge that particular bidder with the cost of making the copies and add that to the bid price. Mr. Prieto: No, sir, they cannot be copies. They have to be two original lists. Mayor Suarez: Ah, two originals. Mr. Prieto% Yes, sir. Mr. Gross: We'd like to... Mayor Suarez: And, of course, this is all sealed so they can't be told as they submit it that they're deficient? Mr. Prieto: That's right, sir. Mayor Suarez: You don't know until you open them. Mr. Prieto: They're opened publicly, that's right. Mayor Suarez: OK, that's very important to put all that in the record as J. L.'s indicating. It is - I don't want to say a sacred process - but it's as close to a tight process as government has ever devised and if we start fooling around with it, it does get dangerous. Commissioner De Yurre: Well, you know, I think that we have... Mayor Suarez: Commissioner. Commissioner De Yurre: Mr. Mayor, we're looking at something where we have to come, you know, use some common sense in these things. I can imagine, I can accept something of substance, numbers not being correct or not including particular numbers or something on a bid. But when you're talking about something that could be even considered clerical - you know, the amount of copies that are submitted - I think there has to be some kind of leeway as -far as that's concerned where they can cure that without impacting on any of the. other bidders. Commissioner Plummer: I agree. Commissioner De Yurre: As far as the numbers and what is being proposed. You know, I'm just try to alleviate the problem here a little bit. r Commissioner Plummer: Well, this particular case here, you know, I agree that it would be a shame to lose the bid that was $30,000 lower. I agree with that. OK? But here again, the one that we got into before was a $300,000 contract was, as I recall, over the bidding of police uniforms, and they didn't meet specs. They had different quality merchandise, they had, you know, all different kinds of different specs and that's when we came about and said, hey, a person that doesn't meet the specs called for in the bid is a non bidder. I don't know how you do it otherwise. Commissioner De Yurre: But those are matters of substance, you know, not the.. same color uniform or not the same stitching or something like that, but -thin In where you just didn't supply an extra copy of your bid. You know, it's`'not a matter of substance. Commissioner Plummer; To what extent do you allow non compliance? That's. s` really the question. jk Commissioner De Yurre; I think, you know, you got to look into what ist clerical, per se, you know, you submitted three copies as opposed to four. 7 is Mr. Prieto; I'm sorry, Commissioner, it's not really the copiee 10 thei issue. The issue was that, in fact, about a year and a half ago this &aa�e �►itu ti � occurred *ad _ the low bidder backed out with ,a technicality on a single: Meaningthat It was a clerical error in the introduction Of the f I"to; two originals,g 4 Comntissionor De Yurro; Yes, but those: were numbers.... °a x 14 NO,' .:i _ e _ _.u„ v A . ,. , . v.iv a lw a' r Mr. Prieto% Those were numbers. Commissioner De Y'urres ...where there was a mistake, not that you didn't put an extra copy. Mr. Prieto: Right, well the City Commission, in its wisdom, decided that if you submitted two originals and they were identical, and it was less likely that the contractor could allude a mistake in transposing the numbers and back out of a low bid. And I think that was the intent of the City Commission was to guarantee... Mr. Gross s Our intent is not to back out of this bid. We stand behind our number 100 percent. We'd even requested an opportunity to make copies and I think in terms of... Mayor Suarez: Let me just stop you, is that the main problem - in fact, is that the only problem with their bid? -or was there another technical deficiency somewhere? Mr. Prieto: No, that's the only one right now, sir. Mayor Suarez: Mr. City Attorney... Mr. Fernandez: Yes, sir. Mayor Suarez: ...what is the legal view of all of this? Can we, even if we were inclined to do it, as a public policy matter, could we go outside of our prescribed procedures there? Mr. Fernandez: The City Attorney stands in front of you today and has to claim ignorance. I was not aware of the fact that those were the reasons for which this bid was rejected or declared to be non responsive. Our office, in the past, has dealt with similar issues and when the departments have communicated with our office, we have instructed them that the reasonable thing to do, that were we to go into court that they should accept those as valid bids presented to them. Now, in this item, sir, I don't believe that Dr. Prieto contacted our department. We have not had legal involvement to date in this case and I also raise, for your consideration, the fact that if this gentleman has an issue with the fact that he was found non responsive, he has a bid protest route that he must follow before he appears in front of you properly. Mayor Suarez: OK. Vice Mayor Dawkins% But how can he stand the bid process, sir, if it's being awarded today? How can he go through that bid process? Mr. Fernandez: There was a timely period that was set out for him that he knew about that, if he wanted to protest the fact that he was not awarded the bid, that he should have followed. I don't know why he didn't follow that process. t Mr. Gross: Mr. Fernandez... P'1 f Vice Mayor Dawkins: Are we saying here today, and I want to be sure,and i x want it to be reflected in the records. Are you'saying here today that _from - whenever the last time it happened, that if an individual bids and he doesn't. cross a t or dot an i in his contract and even though he's low bidder, ha's T non responsive. Is that what you're saying here today? ,J' F Mr. Prieto; All I'm saying, air, is that... Vice Mayor Dawkins: No, no, no, I'm talking to the Commission. You :say vet 7 ' did this. Wait now, you said the Commission 'did it. y s� Mr, Pristo: That's right, air. x# Vice Mayor Dawkins: To that correct, sir? -' r Mr,'Pristos That's correct, air. Vice Mayor Dawkins: go you're following a policy established by this Commission. Mr. Prieto: That's correct, sir. Vice Mayor Dawkins: Is that correct, sir? Mr. Prieto: That's exactly... Vice Mayor Dawkins: So now, I'm asking my fellow Commissioners. Mr. Prieto: That's right, sir. Vice Mayor Dawkins: Are we saying here today - because you see, I don't want somebody to come back next week and then tell me that, "Oh, no, that's not what we meant, you know. We only meant that because that was Oliver Gross and those. We don't mean it this time because its Piccolo Pete." OK? So now, are we saying up here, on this Commission, that every bid that comes in, if all the "Ila" are not dotted and all the "t's" are not crossed, one contract and that's grounds for dismissal because it's non responsive? Is that what we're saying? Commissioner Plummer: Let me speak to the issue. I'm saying, if that is what is called for in the bid procedure, then I would have to say, yes. I don't agree that that should be a criteria in the procedure. All I'm saying is, that when you put into a bid process, certain specifications, whatever they are, that that's what should be adhered to. Now, do I agree that doting the "i's" and crossing the "t's?" No, I think that's ridiculous. But I can see the validity in the fact of asking for two ink copies, originals, of a submittal of a bid. We had that problem here in which there was a discrepancy between the original and a copy and I think that's exactly one of the reasons that we asked for two ink copies. I'm not casting any stones, but that's why we went to that procedure. Mayor Suarez: OK, Commissioners. We could, conceivably table the item because of a legal interpretation that's pending. Commissioner Plummer: Well, we got one other alternative. Mr. Gross: Within the... may I? Mayor Suarez: Wait, wait, wait, please. Commissioner Plummer: The other alternative is to throw the bids out and rebid. Commissioner De Yurre: Well, but I want to address the issue of that there was a procedure, if you felt that you were wrong in any way, fashion, or form as far as objecting... Mayor Suarez: Taking advantage of the bid protest procedure. Commissioner De Yurre: Why wasn't that done? Mr. Fernandez: I don't know. Commissioner De Yurre: Explain that procedure to me, please. Mr. Prieto: A bid protest procedure, sir? r;r Commissioner De Yurre: A protest procedure. s Mr. Gross: Commissioner De Yurre... Mr. Prieto: In his case? We had not received a protest until this moment. Y 4� Try Commissioner Do Yurre: No, I want to know what the procedure is. Mayor Snares: What it they had? What would they do, to protest !At? Wow boon told that they didn't protest it? We've boon told that they didt��t; protest. r, , 4 7 . Mr. rernandea: It's from the Code section 18-56.1, is the right to protest any actual prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract, may protest to the chief procurement officer. The protest should be submitted in writing within 14 days after such aggrieved party knows or should have known of the facts giving rise to the action complained of. Commissioner De Yurre: OK, now, do we supply potential bidders or actual bidders with that information when they make their bid? Mr. Fernandez: Yes, we do, it's part of the RFP or invitation for bid that goes out. Commissioner De Yurres So they can't plead ignorance. Mr. Fernandez: No, they cannot. Commissioner De Yurre: I mean, like they know that that information is there and that it's part of the procedure. Mr. Prieto: Well, Mr. Commissioner, can I bring up a question here? Commissioner De Yurre: So that's the case, right? They're aware that that procedure exists. Mr. Gross: May I ask what would constitute a protest with that letter that we wrote to Mr. Ron Williams? Mr. Prieto: We'd like to ask you, do you have a license to perform in the City? Mr. Gross: We are in the process of doing that at this point. It's a matter of converting our license from one company to our current company. Mr. Odio: I'd like to put on the record that also he bidded he did not have a license to bid in the City of Miami, to work in the City of Miami. Mr. Fernandez: Now, those are effective and legal grounds for finding him non responsive. I was only dealing with the original ground that was raised by Dr. Prieto when I made those comments to you on the record. Mr. Gross: Mr. Fernandez, that was the only issue that was raised to us in terms of a problem with our bid. It was only after we began to try to rectify that particular issue that you began to ask us questions about those other things. We are a new company. I think my partner's resume speaks for itself. I would include mine and basically, what we are, are a new company. The bidding opportunity came up at a point in time, we were just establishing our company. Our intents have been and we are in the process of that conversion. I think that's a matter of about two days. All that we're asking, Commission,. _ is in the name of two things... Commissioner De Yurre: When did this bid go out? When did you make this bid? = Mr. Gross: I forget, exactly, the date of the bid. Commissioner De Yurre: A month ago? s. $:d Mr. Gross: Leas than a month ago or about... Commissioner De Yurre: Less than a month ago... Mr. Gross: Yes, sir. _ Commissioner De Yurre: But yet, a procedure that takes two days, you haven't done it yet.` t, Mr. Al Martin: No, sir. r Commissioner Do Turre: No, I just want to understand what's going on. Mr. Gross: Go ahead, go ahead.* k yx 17 Mr. Martin: Can I get some clarification? Commissioner De Yurret Fifteenth of November. Mr. Al Martin: Excuse me... Commissioner De Yurre: OK. Mr. Martin: Hello? My name's Al Martin. I'm president of Intrepid Three. The situation went as such. We applied to switch my license over. I'm a state certified general contractor. Before the bid, when we instituted all of our paperwork, our attorney, Len Washington, from Fine Jacobson, he sent incorporated us, etcetera. We did all those things at the same time. I sent the CIOB to the construction industry licensing board in Jacksonville, Florida. It's a process between... because they had testing going on this time, grading papers, grading tests, etcetera, the woman explained to me it took more time. We applied, we sent the change over, I've been certified since July of 1983 of the state certified general contractor. I believe Mr. Gross submitted a package with the experience that we had. We sent and we applied to change our license over, the backlog of time, but we had notified the state that we were switching my license to this corporation. We had incorporated, we had done all these things prior to the time of us bidding the job. You know, we were in accord, I guess, except for some formalities, but we tried to do nothing wrong. We tried not to dodge any kind of, you know, requirements. We fulfilled, basically, all the requirements and it was just the timing of the state and the timing of the City, etcetera. Mr. Odio: Even if we wanted to, we couldn't award it to them because they don't have a license. May I suggest that we work with them. There will be — many more bids in the City and that they can apply - you know, they can bid on something else. Mr. Gross: May I offer and alternative suggestion that in the name of one doing business with small contractors, as the City has professed to do, and number two, in thename of saving the City some dollars, because we are capable of doing this, that you give us three days a week to come back and meet those criteria. I don't think the City will be put at any kind of risk by doing that. If we can't, then you can let the next low bidder, whomever you'd like, have the contract. All we'd like is an opportunity to be able to perform under some kind of fashion. Commissioner De Yurre: The only there is that what we would save with you, we'd spend it defending a lawsuit. t: Vice Mayor Dawkins: And we have to follow the recommendations of the Manager. Mayor Suarez: OK, I'll entertain a motion on this item then. Commissioner Plummer: The only question I have remaining, Mr. Public Works, I guess, why did you put these out in a group rather than individually? Mr. Prieto: What do you mean, in a group, Mr.....? Commissioner Plummer: Excuse me? ; Mr. Prieto: What do you mean, in a group? _ Commissioner Plummer: You put them out as fire station one, four, and five.` Why didn't you do them individually? ` Mr. Prieto: Well, because it's practically the same work. `qf Mayor Suarez: You answer a question with a question. Mr. Martin: No, it's not, it's not. It's not the same work. Commissioner Plummer: No, it's not and the reason I'm bringing that .to your, attention, let me give you one example. Even though they're the lov fiM, ;^ 4 they were-$13#000 more on station four than one of the,other firms. ° t� m: Mr. Prieto! Tes. Commissioner Plummer- And if you would have put these out individually, I think the bid would even have been louver. If I'm looking at your numbers. I'm looking at your numbers that tell me that - I'm just using that one as an example - fire station four, this company, the low bidder bidded at $66,000, the next one I'm looking at is fifty-five, four and one for fifty-four, five. Mr. Prieto: That's true, it could have been done separately sometime... Commissioner Plummer: I'm asking, why wasn't it done separately? Mr. Prieto: Sometimes you save money by bunching it together and having some savings. Commissioner Plummer: Why would you lose money by doing it that way? Mr. Prieto: It's hard to know how it's going to be - how the contractors are going to react. Sometimes, by lumping large contracts, you get lower prices. Other... Commissioner Plummer: Can I ask a stupid question? What modifications are you making? Mr. Prieto: These are plumbing modifications. Yes, these are for the female fire fighters. We're modifying... Commissioner Plummer: But I'm asking is, what modifications are you making? Mr. Prieto: OK, we've got 5,000 square feet of modifications that include bathrooms, changing rooms, I think there are dormitories in addition to that. And so there are modifications inside the existing stations. The projection of the Fire Department, as you know, is it going to be 25 percent female force in the next... _ Commissioner Plummart We understand that, OK? We understand that very well. But when you're talking about what I'm looking at... Mr. Prieto: We're looking at 5,000 square feet for all three structures. Commissioner Plummer: Yes, but you're also looking about $70,000 worth of work to each station, taking it on its average. Because the number you have on the agenda, is not the real number as to the cost factor. You've got on the agenda $178,000. Mr. Prieto: Yes, sir. Commissioner Plummer: Yes. But yet, on the backup material, you tell the truth and that's $219,000. I want to know what kind of postage you're using for $75.00. Is that Federal Express, overnight mail? Mr. Prieto: No, sir, these are documents that have to be. submitted to the different agencies for review. As you know, these... Commissioner Plummer: Seventy-five dollars worth at twenty-five cent stamps, I guess? - rd� _ Mr. Prieto: No, air, these are mailing plans which are expensive sometimes. If you want to eliminate the $75.00, we'll be very happy to do that. Commissioner Plummer: No, it's not a matter of that. It's, you know, what`: are the project expenses? i Mr. Prieto: Project expenses are designing the project, the preliminary,> design that takes as intensive amount of work on our staff; The actualY design, construction inspection... ' Commissioner Plummer:All right, excuse me, one other question. What are you testing? 4 E Mr. 1'�'ieto: We testing concrete, were testing different parta pf. tha r h Commissioner Plummer: To put in a bathroom, you're testing concrete of aft already existing building. Mr. Prieto: There's a plumbing test, as you know, that all the... Commissioner Plummer: Two thousand dollars worth. Mr. Prieto: I can bring you a breakdown of the $2,000, Commissioner. What is the problem? Commissioner Plummer: If you all were in the private sector, you'd starve to death. Doctor, that's not to you, that's my statement around here for a long time. It's not your money. Vice Mayor Dawkins: I move... Mayor Suarez: So moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Commissioner Plummer: Mr. Mayor, let my reflection of my negative vote on moving it. I think they ought to be thrown out and rebid. It is obvious to me... Vice Mayor Dawkins: I'll withdraw my motion. Commissioner Plummer: It is obvious to me that if we bid them individually, we could get a better price and I think that we are - authority should, in fact, try to get the best price. My motion would be to throw the bids out and rebid them. Mayor Suarez: You had seconded it or moved it? Vice Mayor Dawkins: No, I withdrew my motion. Mayor Suarez: What was it? You had moved and he had seconded it? Vice Mayor Dawkins: Yes. I moved and he seconded. Ms. Hirai: You had moved it, he had moved it. Commissioner Plummer: I have no problem, Mr. Mayor, modifying my motion to say, bid them individually and/or as a group. Bid them both ways. And I want a better breakdown of the cost factors that are in the area of twenty-two plus nineteen, $33,000 of in-house cost. I just cannot conceive that amount of money. Mayor Suarez: OK, I think I understand that motion to throw out the bids for all the reasons stated by Commissioner Plummer and seconded by Commissioner Dawkins. And the other motion has been withdrawn, presumably the second is>' withdrawn too. Any further discussion? If not, please call the roll. fi The following motion was introduced by Commissioner Plummer, who moved its adoption: y MOTION NO. 89-1150 A MOTION REJECTING ALL OF THE BIDS RECEIVED IN CONNECTION WITH PROPOSED MODIFICATIONS TO FIRE hx STATIONS NOS. 1, 4, AND 5; FURTHER INSTRUCTING THE ADMINISTRATION TO BEGIN THE ENTIRE BIDDING PROCESS � AGAIN BOTH INDIVIDUALLY (ONE ESTIMATE PER STATION) AND err AS A GROUP (ONE GLOBAL BID); FURTHER DIRECTING THE ADMINISTRATION TO PROVIDE TO THE CITY COMMISSION CLARIFICATION REGARDING CITY MWINSE OF $330000 IN { �. CONNECTION WITH SAME. Upon berg seconded by CaexaiusiaAer Dawkins, the notion was p#eeed p adopted by the following votes 20 AYSS: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Let it reflect that the entire Commission threw them out. Yes. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Mr. Mayor, let me ask a question. Vice Mayor Dawkins: Oh, all but the Mayor. Let the record reflect all but the Mayor. Commissioner Plummer: May I ask a question. Mr. Manager, what are we doing at the old station two of spending money down there for? Mr. Gross: Thank you. Chief Colonel Dukes Colonel Duke, Fire Chief, City of Miami Fire Department. The dollars that are on the agenda here today are to allow us to close that building up, use it for storage of our apparatus, preparatory for at some point in time, when we get some dollars from the state and turn it eventually into the museum that we've been working on for some time. There's some walls that have been added in there. We won't be able to store our apparatus in there. The apparatus that were stored at the incinerator we tore down and this is... Commissioner Plummer: Mr. Manager, have you seen that building recently? I just can't envision spending near $10,000 on a building if the termites unfold their arms, they're going to fall. Mr. Odio: We are supposed to... Commission Plummer: That building is an absolute disgrace. I drove by there night before last and I just can't envision, for $10,000, you're going to be able to do anything there. It is horrible! Chief Duke: These are the cost factors that we've got from, you know, in- house and out of house to close it up, secure it. Commissioner Plummer: Boy, that is throwing good money after bad. OK... ti Mayor Suarez: OK. Item one. Commissioner Plummer: That building is a disgrace!' f 7 Y 3x{ r [ ti p { + 21.E y ar.��r..—.. .+..a...w.. ....���r.a.��wr....��. .: ----. ------------------- .--------- ems-------- ---. --- 6. DISCUSS AND TABLE PROPOSED EXECUTION OF AMENDMENT TO INTERLOCAL AGREEMENT AND CONTRACT (BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, BAL HARBOUR) WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., FOR CONVENTION PREMISES, BOOKINGS, AND SALES ACTIVITIES. Mayor Suarez: Item two Interlocal agreement on the Greater Miami Convention and Visitors Bureau. Of which, for the record, we are expected to contribute a $100,000 and receive, under a pre agreed upon formula - what is it this year, Mr. Manager? -from the bed tax... Commissioner Plummer: Resort, resort... Mayor Suarez: Resort development tax allocated to this purpose. Commissioner Plummer: Mr. Manager - if I may, Mr. Mayor, I... Mayor Suarez: Let me just get that one figure if he has it. Commissioner Plummer: It's projected. Mr. Odio: Projected about a million, three. Mayor Suarez: OK, because it used to be a million, two. Commissioner Plummer: Well, Mr. Mayor, for your information, that is on a percentage of what is raised. It's 20 percent... Mayor Suarez: That's why I asked what... Vice Mayor Dawkins: Um hum, OK, great. Mayor Suarez: What it would be. Commissioner Plummer: —understand, of the monies less certain deductions. Mayor Suarez: It's a pre -agreed to formula that gives us 20 percent of the total take and it is... might as well throw it into the record because I have a feeling if I don't, anyhow, Commissioner Alonso's about to - roughly, 47 percent, I think, of the funds are, in fact, levied on or obtained from City of Miami hotels. Commissioner Plummer: Correct, sir. Here's a referee. Mayor Suarez: And, to referee, Al Cardenas, from Greenberg, Traurig, et al Cardenas. Commissioner Plummer: He used to be the elephant tamer, but after last night, I'm not sure. Vice Mayor Dawkins: Mr. Mayor, as a representative. Mayor Suarez: Yes, Commissioner Dawkins - Vice Mayor should report. Vice Mayor Dawkins: As the representative from this Commission to that board, } I would like to see us hold off until a new director is selected because :J, have been arguing about minorities in the top echelons at that agency. I.. understand, I've been arguing because I have never known what the _execut ivm committee was doing and I need to know why and how we can goat entrance into the executive committee and I would just like to see us hold off on this until`. a new director is selected and then we sit down with the new director and find out, you know, what the City of Miami is entitled to, what we will get and how, It will be done, Mayor Suareas OK,,and that's almost in the form of a motion. Commissioner Alonso: Yes, ah,, 22 f- �Y 4, Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, I couldn't agree more. I think that but I like to go a little bit further as saying that I think that the City of Miami, as well as the other cities, contributing to the Greater Miami Convention and Visitors Bureau, should been involved in the process of the selection of the director and having an input as that our representation is really there. I have had concerns through the years and I think that the taxpayers money has to be protected in which it comes to the salary paid, $250,000 seems to me an excessive amount. I have stated in the past, and I'd like it to be clear on the record that we should have a voice on this and our concerns as a City should be addressed. Also, this election of the person and I think that it should be an important factor that all of the cities contributing should be part of that. And I'd like to present a resolution today as if this Commission agrees with me, that we part of this selection at the recommendations for the selection of the person to be named as director of the... yes? Al Cardenas, Esq.: May I thank you. For the record... Mayor Suarez: Counselor, before you do that... Vice Mayor Dawkins: Before you start, we have Mr. Kirkland in the audience, Mr. Mayor. And when he came here, this organization was in total shambles and he has pulled it up to where it is and I think we owe him a vote of gratitude and I'd like for all of us to give him a round of applause for a job well done. (Applause) Mayor Suarez: And since we've given you such a national profile, George, I hope you give us the difference between what they're paying you and what we were paying you. Commissioner Alonso: I also - if I may, Mayor - I'd like also to go on the record as saying that I know Mr. Kirkland - and I had a very nice conversation _ with him the other night. We met for over an hour. We were supposed to meet for 15 minutes and it was a very agreeable conversation. I had the opportunity to hear directly from them, plans and the job that they have done, and I think that he is an intelligent person and I think he has done well in his job, but my concerns are when it comes to the salary paid to the director, is still real and are real in the minds of the citizens of Miami. I think it is my obligation as to present this resolution as that the voice of the people of Miami is heard and our concerns presented in the selection of the person who will be the next director of the Greater Miami Convention and Visitors Bureau. And, also, the representation that they have hiring of employees and all of that. I think that we should have a more active voice in what's going to be part of the system. Mr. Cardenas: May I? Vice Mayor Dawkins: Yes, go right ahead, counsel. Mr. Cardenas: My name, for the record, is Al Cardenas, with offices at 1221 _ Brickell Avenue and I come here representing the Greater Miami Convention and Visitors Bureau and as you noted so kindly, Commissioner Dawkins, Mr. Kirkland is here, Mr. Vice Mayor, and he can answer any questions you have. I just want to point out two things which I think you ought to consider. There are two aspects to the resolutions before you today which I think are really separate. One has to do with the approval of the interlocal agreement the r other has to do with the funding. Now, you've raised a number of issues which _ you think the City ought to revisit, such as a greater participation n the appointment of a successor, the allocation of funds, the usage' of'the funds -� and things of that nature. My suggestion to you, in view of the:issues which" you've raised, which, obviously, are not going to be resolved hers today,'IL, the following. First, I want you to note that if you're not a pant of the process, by being a co-signator on the interlocal agreement, them there's.no mechanism by which the City formally participates, By aot bolas a-signotos an interlocal ag servant, then you, in essence, are d Benfranchi4ias youreelvon ' What I would like to suggest ghat ypct sty � ' r - from the decision making process. z � wish to consider, is the following which, I think, continues to ivaffol ths. leverage that you still want but, at the same" 'tune, places you ae 'a' �1it f xasy . F' �Y k� L k;. the process and that is to, one, vote in favor of the execution of the interlocal agreement. But, two, do not take an action on the funding until such time as the issues that are of concern to you have been satisfactorily resolved. And what that will actually accomplish is the following. You will continue to be a part and parcel of the process, you will permit the other municipalities and the County to complete the process that we have a viable binding interlocal agreement. There are two major concerns that you had in terms of public policy, I think, Mr. Mayor, members of the Commission. Those were, one, the open aspect of the meetings, the open aspect of the books, both from private and public funding and the City's right to go in and inspect the books and records both on the private and public funding side anytime it wishes to do so. So I think the public policy questions that had been raised, have been answered in the new interlocal agreement that's proposed. Many of the things have been raised by Vice Mayor Dawkins and Commissioner Alonso, I think can be made part and parcel, or conditions to the funding, so if you pulled the funding to one side and instruct the Manager not to fund until such time as this City Commission and the Manager work things out, we, in essence, have not received any funding from you. But by agreeing to execute the remaining portions of the interlocal agreement or by agreeing to execute interlocal agreement without the funding portion, you continue to be members of the process because if you're not a signator on the interlocal agreement, you're, in essence, not a legal player, so to speak, to raise these questions or issues. Mayor Suarez: Let me - I meant before to interrupt and introduce State Representative - the chair recognizes State Representative Luis Morse, who was instrumental, not only in the initial passage of the funding that we're talking about, but in later modifications to it that would allow us to create a large economic development component for needy areas of Miami. I guess we've all had our say. Let me add that I have recently found out that the executive committee's beginning to look a little bit more like what we're familiar with in this County. I found out that Carlos de la Cruz is a member of the executive committee. I think George Knox is a member of the executive committee. Dorothy Weaver is a member of the executive committee and I don't know that any of those three people are particularly involved in the hotel industry. I don't think George, who's here owns any hotels or whatever, so it's not a situation where the executive committee is almost the very people that are being regulated or that are being involved in the process so that's certainly a gain and I think a tribute really to the involvement of our Vice Mayor who's been battling it out for the last couple of years. I really want to hear what, and go along pretty much with what the Commission wants to do, I do think that in the search for an executive director - and I concur with Commissioner Dawkins, the Vice Mayor's proposal that we don't take final action in some way or another, Al, on the interlocal agreement until we know at least what direction the search committee, which, for some reason, as Commissioner Alonso has pointed out, does not include any public officials although I, at least, have had some calls from people who are supposed to be involved in that process. But there doesn't seem to be any formal way of consulting the participating public agencies when you have a new executive director. Last time, I remember at the very last moment, when Mr. Kirkland had been selected, you know, you were presumably kind enough to bring him to my office. I guess I was supposed to have a rubber stamp read, you know, and do that. And I didn't have a rubber stamp ready so I said, well, you know, the jury's still out. What concerns me is that he might not be around long. enough to learn our City well. And with all due respect to Mr. Kirkland and his efforts, he really has barely been here long enough to get to know our City. There's people that are here thirty or forty years and never get to know our City, but in his case, it was a short span of time, as was predicted at the time by myself and other people who thought that might happen. So, in this particular search for a new executive director, I don't know what the exact level of involvement by this Commission or our representative to the agency is, but, certainly a lot more than what has been in the past and I concur with my colleagues on that. Now, what the correct mechanism is to `J assure of that, if it's your suggestion on holding off the funding or what you suggest and what the Commission wants to do, I'll pretty much defer to the wishes of the Commission. Commissioner Alonso: Mayor, if I may, of course, on that point, Pd like our attorney to clarify that point for us and advise us what will be the beat course to follow. But I'd like to emphasize that we need answers to $Me points that I feel that are vital to this Commission. For example, 1t heir' f; bothered me in the interlocal agreement on page 12, where it says, IT the k n 24 00ee0bo r 14 /y► � +�x x - village and Miami shall contribute annually an amount that is agreed upon in writing with the bureau." Meaning that the amount that the City of Miami is contributing is the amount that has been hundred thousand in the past. It has bothered me when in reality, the City of Miami has contributed over $2,6680000 in the past because our money is collected through Dade County. It is not even mentioned in the interlocal agreement. Why? Because in the past, the City of Miami has not been collecting the funds, but Dade County has done the job for us. But I see here that the City of Miami Beach is listed as a contributor when, in reality, Miami, it's given quite a fair share of the amount not collected directly from the taxpayers, residents of the City of Miami, but through the City of Miami. Therefore, I will feel much better if we are listed also as a contributor, not only with this amount that will be agreed through the document, but also the fair share that the City of Miami has been contributing in the past. And it's not stated here. We are make equal to the village when in reality, Miami has been given much more of that amount and I have here some figures where they list us as give providing 19 percent. When I see that the remainder of Dade County provides four million, five thousand dollars, and we give two million, six sixty-eight. So as I looked in those numbers, it's 50 percent of the amount. So, at least, the City of Miami should be presented in the interlocal agreement with the fair share that we are actually contributing to this organization. Mr. Cardenas: I think that all funding questions and apportionment of those funds are things that obviously, this City wants to revisit and we have agreed to respect that. The reason why I suggested, Commissioner, that we leave the funding out of this for future approval is that obviously, without money we, you know, money is everything in terms of making this thing work. And what I wanted to do is, I think every point that you've raised needs to be visited and until it's satisfactory to all of you, we're obviously not going to have a funding mechanism so my suggestion was that any reference to the funding or any omission that needs to be referenced, such as you suggested, be handled through a separate resolution that we work out with your City Manager and is brought up to you for approval. Which means that when you take action here today, if you follow my suggestion, you will not have appropriated a penny to us until such time as we, through a separate resolution, enter into an agreement which is satisfactory to you through your City Manager, and then eventually, through you, so that we've answered the questions you've raised to your satisfaction. And that, that you've just cited should be a part, an integral part, of such a resolution and I would have no problem whatsoever working that out with your Manager. Commissioner Alonso: Yes, I respect your suggestion, but how in the world can we possibly be part and sign an agreement in which we disagree with the portions of it? Mr. Cardenas: Because, you see, the obvious other alternative would be to defer the matter until we've had a chance to work things out. Commissioner Alonso: That's fine with us. _ Mr. Cardenas: But, legally - right... but, legally, Commissioner, this is what I was trying to point out to you. Legally, you've got other municipalities that are part and parcel of the decision making process. If you re not a signator on the interlocal agreement as of December 31st, you re not a participant and this is a crucial period of time when all the decisions need to be made. Such as the selection of the executive director, the funding... Mayor Suarez: Al, why December 31st? -because I thought the fiscal year we were going by is the regular one? Mr. Cardenas: Excuse me, it was October, so it's passed already. Mayor Suarez: Right. Mr. Cardenas: That's absolutely right. In essence... Mayor Suarez: And as to the search for the executive director, you know, it we're in limbo, we tend to get listened to a little bit more than when we have signed the dotted line, you know. Mr. Cardenas: Yes, and also... 25 December 140 1944 _- Commissioner Alonso: 9xcuse me, I missed that, the date was? Mr. Cardenas: Date was October of 189. It runs on a fiscal year. Basically, let me tell you, if we change this document just to... Commissioner Alonso: Tine, if it's passed already, what difference does it make that we wait a little bit longer... Mr. Cardenas= It has not passed. Commissioner Alonso: ...if we have to get answers to this situation. Mr. Cardenas: Well, let me explain that... Commissioner Alonso: It bothers me that we will be part of something that, at least, I disagree. I don't know how the rest of the Commission feels about this point, but I definitely think that it should be clarified. The other municipalities, perhaps, do not have the same situation that the City of Miami in which we feel that we have been omitted and I don't know if it was intentional or otherwise. But either way, it bothers me. Mr. Cardenas: Let me explain... Mayor Suarez: You would recommend, wouldn't you, counselor, that the board and I see that also Art Hertz is a member of the board and I'm happy to see some familiar faces on the board for a change - that the board consider, I - think that the remarks made here are very , very correct, very proper, that we, at least in a theoretical way, are funding it a lot more than $100,000. = We're funding it really, to the tune of 47 or 50 percent. That can be _ recognized in the documentation. You can bring us back a document that - recognizes that. If not, we're back to that very, very difficult point where - the Commission might say, maybe we can and maybe we can't get our state — representatives to say that we will get the money directly for our own determination of how to use it. And... Vice Mayor Dawkins: That would be my next question to the counsel. Mayor Suarez: Yes. — Mr. Cardenas: Right. Let me answer that, if I can... Vice Mayor Dawkins: No, let me ask it first, Al, please. Mr. Cardenas: Oh, OK, sir, all right. x Vice Mayor Dawkins: You know, you keep saying that if we do not sign the interlocal agreement, then we are not a part of the interlocal agreement. - - Yet, we contribute as much money, more than anybody else individually.,. Mr. Cardenas: Absolutely. Vice Mayor -Dawkins: ...from the City of Miami. -' s,. Mr. Cardenas: Yes. Vice Mayor Dawkins: Now, what do you have to do to correct that? -go back to the State and have state legislators correct it or what do g you doh 8easu-se you see, I've got two people up here now who are saying that, they are F dissatisfied... �- Mr. Cardenas: You... . .. a Vice Mayor Dawkins: ...with us contributing rs as much money as we contributed and having as less to say as we have to say. And we've 'got two,'at ltsast. Mr, Cardenas: I hear you. Yes. �Y Vice Mayor Dawkins: You haven't heard anybody aloe sey anything, But yot dot. two people up here so and I'm prepared to attempt to sponsor an-y logis tti+ea,_ that we have to; sponsor to got the -State of Florids to uuder#rt id { . ; money that is taken up In the City of Miami to icing not serv26 yb• ey _s s S T a. �t.Tso and it needs to come back to the City of Miami instead of going into the interlocal agreement. Now, how would you go about that? Mr. Cardenas: Well, I think the ideal situation, of course, is not to tinker with the legislature, but to snake sure that we work out something to the satisfaction of you and the concerns you've raised. Let me point out, if I can, just so that you understand the technical obstacles we're facing, is that the interlocal agreement for it to function the way it's worded, has to be signed by all the participating municipalities. I think the City Attorney will tell you that. The problem is that all of the signatory to this are signators to this particular document. Were we to change this document and bring it back to you, that means that we'd have to go to all of the other municipalities, get on their agendas and do the same. That would take approximately two or three months. The problem is that the interlocal agreement that we have now in effect expired in October. If that means that we're operating without an interlocal agreement... Commissioner De Yurre: Al... Vice Mayor Dawkins: Mr. City Attorney. Commissioner De Yurre: ...it seems that you're missing the point. Commissioner Dawkins' question is, how do we get away from this totally and set up our own program in the City of Miami and that's where we need to hear from the City Attorney. Vice Mayor Dawkins: Mr. City Attorney. Mr. Jorge Fernandez: Yes, sir. Vice Mayor Dawkins: Can we petition the Florida State Legislature to give the City of Miami those bed tax that are collected within the City of Miami to use to promote tourism in the City of Miami? Can we legally do that, sir? Mr. Fernandez: Yes. Vice Mayor Dawkins: All right, now, so if we do not sign this interlocal agreement, we may lose the money for this year, OK? Because the legislature does not meet until next year. That's right? Or do we just lose it until we go before the... Mr. Fernandez: Well, any laws or any amendments to existing laws that the legislative session of 1990 would pass, would not be in effect until September or October of that year, so it will not be impacting this process until next year, you're correct. Vice Mayor Dawkins: So, whether we sign interlocal agreement or not, we can still go before the State of Florida? f �? Mr. Fernandez: Correct, but one thing does not preclude you from doing the other. Commissioner Alonso: May I ask a question? Are you really telling us that - because we don't sign today, we are not members of. the interlocal agreement and, therefore, you are telling us that we are not going to be part of this, even though the City of Miami is contributing this enormous amount of money? Mr. Cardenas: Well, I'll even go further than that. I'll tell You- how complicated it gets. For the interlocal agreement to be binding, it must be signed by all of the participants. If the City of Miami does not sign that means there's no interlocal agreement as to anyone and, literally and technically, no other municipality or the County are part and process of anything. So what we have is we've got a legal vacuum and you... stt� sl Commissioner De Yurre: What happens with the collection of the monies? And What happens to the money then? Mr. Cardenas: That's a great question, r that's part of the vacuum I'm discussing... a Vice Mayor Dawkins: The state holds it. The state hold it: ,. 27 ON_ 'S:Ra .4 ♦ w=i�b+ie1.A'im.�nLS �.iNa Mr. Cardenas: ... and so, the problem that we have is that you, in essence, are curtailing the existence of a legal mechanism here. Nov, that's why I suggested... Commissioner Alonso: Mr. Cardenas, don't you think there is, Commissioner De Yurre: Let me clear - Miriam, Miriam, hold it - let me clear this point. Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner De Yurre: As far as this is concerned, what I'm hearing is the following and I need to be corrected one way or another or ratified. My understanding, from what Al is saying is, that if we don't sign this today, _ then this money is not going to be available to be used for the purpose that it was intended. Is that correct or not? Mr. Fernandez: The monies that the County has already collected or is in the process of collecting, on behalf of the City of Miami, or from City of Miami bed tax. Commissioner De Yurre: OK, what happens to that money if we don't sign? Mr. Fernandez: It's a good question, I have not thought about it. It has not been posed before, but arguably, if there is no interlocal agreement and the interlocal agreement is the vehicle through which all the tax money is allocated and spent, there is no interlocal agreement, then nothing can be done with the money and it would be subject then to either a redistribution of the money or reallocation of it by way of the legislative act also. Mr. Odio: The, no... Commissioner Plummer: There's more to it than that. You know, it's one of the problems being around here too damn long. This money - let's go back to ground zero - first of all, to answer your question, Commission Dawkins, this was passed at a referendum of the people. That's where I'm sure the process would have to go back. The legislature is not going to impose any new tax ith t f d d th t' t S d f 11 thi h it w ou a re Wren um an a s smar o econ a s , money, w en came down, 50 percent was to be for publicity and promotion, ten percent for expenses, twenty percent of the money was to go for cultural and arts and at the time of the referendum, twenty percent for the Orange Bowl. So spelled' out. The County Commission took it upon itself at the ruling of the County Attorney, that the County Commission, with five votes at any time, could change that allocation. I fought like a tiger saying, that the only way it could be changed was through a referendum the same way it came into being. We lost that fight. Commissioner De Yurre: Did it go to court? Commissioner Plummer: No. Now, where we came to from that point is this. The County said that if you will enter into this interlocal agreement with the Visitor Bureau, you contribute $100,000, whatever that 20 percent is from the r now category called "Sports" rather than just the Orange Bowl, you can have the remaining amount of that money as long as you spend it' for promotion of Y; tourism. What in fact we have done is gone from a thing that said that money F�5 could only be spent originally for the Orange Bowl to a point that. says At could be spent from Sports to -a position today that says the City .gets a million three projected amount of money to spend with our- own tourismboard and all we have to.do in return is to give them back $100,000 of that money... }" :, 3s, M Cardenas Ri ht `�' Commissioner Plummer: I seriously question that if we went -to the legislature In April or May, that they are even going to address the issue. They're=goia$.'„ to throw it back to the County Commission who fully today is takia$ aipoaitia� ; that any five votes of that Commission can designate where-thone funds 504 The question that I can't help you on, and I; question vhatwould ;happon- `ts, ghat would happen to that million, four if this interlocaI &$regime t: ,'Apt signed. I. don't know, at this particular pout, I would ,assw4e i ,the � r county commission's last resolution, that the million, three Kould $till�te 1. to this City unless the County took a different act4op. The .hundre :, biou' s#'4 k ;. vould. be held ; in of vacuum at this particular polat.. That's m 4ess.• that's the waythat it stands presently with the Count Co p y y s e x„ Mayor Suarez: Yes, and we should add - and I know that Al would be careful not to say this scenario, but it's a fair statement to add that - if we didn't sign on at some point, the County can, if I understand the law correctly, could probably proceed without us. You know, they have insisted that we be a part of it, Commissioner De Yurre: That's not my understanding and I think we have to be clear on what the law is. Mayor Suarez: They would have to restructure the interlocal agreement but I think they could do it. Mr. Cardenass Yes. Commissioner De Yurre: Well, I'd like to get the City Attorney's opinion as to exactly what our position would be if we did not sign this document. Mr. Fernandez: Right now, without further research, my opinion would be that if you do not sign this interlocal agreement, the funding for the entire operation - not only the one hundred thousand dollars or the smaller amount that we're talking about - but the way that all of the taxes that are collected are allocated would not take place. And so, therefore, that would put, certainly, the mere existence of the bureau in question. Because I don't think that without the City's consent to have the share... Mayor Suarez: Unfortunately, I don't think the legislation makes any specific reference to obtaining. I may be wrong. Anyhow, we're guessing and if unless... Mr. Cardenas: Mayor, my understanding, my understanding... Mayor Suarez: ...yes, I don't think the legislation makes specific reference to our having to be a participating local agency, although it would make eminently good sense... Commissioner Plummer: State does not. Mayor Suarez: ...if it did and maybe we can get again our state representatives to... Commissioner Plummer: You're correct, state legislation does not speak to that. Mr. Fernandez: It doesn't. Mayor Suarez: So, I think they could make a separate agreement without us. The question is, as a policy matter, do we want to push them to that extent or do we want to take into account the concerns expressed throughout this: table and move? Commissioner Plummer: Yes... Mr. Cardenas: I hope you understood the seriousness of the commitment,.' Commissioner Alonso, that we had made to most with the Commission, either; individually or through your City Manager, revisit all of your concerns and rr, come up with something which will, hopefully, be mutually. satisfactory to everyone addressing each and every one of your concerns. Now, the reason=why ' _ I suggested that you seriously consider dividing the two issues is, that :by entering into an interlocal agreement, you continue to be a player in the —_ process. By separating the funding and the deferring the decision on the funding, you're providing an opportunity for that separate vehicle to revisit 3 all of these issues without allocating a penny to the process. I hope it; doesn't come to pass because you will - and I think it's premature, to. discuss k It until you find out whether we really have a meeting of the minds or -'not,'. But if we don't .have a meeting of the minds, and you decide -to revisit,,,the issue as to whether. you want to be a participant in the interlocal agreement, both City the County the have: " x the and and other municipalities that option Two, three, four municipalities and the County can be a part of the interlocal agreement, you can decide to drop out if you wish, So, you tlow by'agreoing today to accept the interlocal agreement, you're not mandotorti► �►.. � �. player in the process. You could always drop out, it's j�t,, .3_ ` 29 Aot�b+Rr ; 1 arc' Yr )r jt _ Commissioner Plummer: Let me ask you a question. Mr, Cardenas: Yes. Commissioner Plummer: Am I understanding you to say, that signing the interlocal agreement without a dollar figure involved? Mr, Cardenas: Yes, sir. Commissioner Plummer: So that if we didn't agree when this selection is made, that we wouldn't have to pay anything. Mr. Cardenas: That's exactly correct. Commissioner De Yurre: Of the hundred thousand. Commissioner Plummer: And it's only for one year at the most, till October of the coming year. Mr. Cardenas: Yes, sir, that's correct. Commissioner De Yurre: OK, well, I'm going to make a motion. Commissioner Alonso: I'd like to make a comment, if I may. I had requested from the Mayor the opportunity... Mayor Suarez: OK, Commissioner Alonso, complete your commentary and then we'll go ahead and proceed with the motion. Commissioner Alonso: Yes. I'd like to have very clear the opinion of Mr. Odio and Mr. Fernandez in this matter and their advice to us. Because my concern is to protect the citizens of Miami and we have the right to do it and we have a responsibility. How we can proceed, it has bothered me that we have — to protect the taxpayers money and the only way that we can do it, in my understanding, is by holding and deferring this issue. That's my great concern. I think that if we proceed, we are going to be in the. same — situation. It also bothers me, as a Commissioner, to see that every time we have an important issue, that is vital for the citizens of Miami and our community at large, we are pressed into having to make a decision'. without having all the answers to our concerns. And it's always because the County - put that pressure over us and it's always because they say the City of Miami has to protect the citizens of Miami and it's of grave concern to me so I want to hear the advice of Mr. Odio and Mr. Fernandez in this matter prior to our _ making the decision. It is my understanding that we'd be better off if we deferred this item. Mr. Odio: My opinion is that we should not sign this agreement, that we should enter in conversations with the County, that the Mayor decides who should meet with County and in discussions with the' County, then. decide; f. .the whether you should proceed.with this interlocal agreement, ; Mayor Suarez: OK, and by the way, even before we hear from the;two:oUyou,,it ' would have been, in order to have a motion from any member of the Commission, if you wanted to go ahead and make it. �x _ Commissioner De Yurre: Well, that's basically what I'm going to move is'that we do not takeany action until we have a legal opinion .from, our city Attorney's office as, to the ramifications of the signing,,of this docume and not signing.of this document. So we understand fully... Mr. Fernandez: Correct.`,�r Commissioner De Yurre: ...what we can expect one way or another. Aad.r ; additionally, also getting input from the administration as to what_ our , position. in and how we can be, butter _off in .this whole process. And that ': J1 -- , would be my motion at this point in time. Mayor Suarez: So moved,'fr Commissioner Plummer: Is there a seconds 30, v a� S r Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Commissioner Plummer: Question. If there's no dollar amount in the agreement, what do we stand to lose? Commissioner De Yurre: I'm talking about the whole two million, the whole package. Commissioner Plummer: Yes, but I'm saying is, you know, we sign the agreement, we're a party to the overall ball of wax. Mr. Fernandez: Well, by signing the agreement... Commissioner Plummer: If we're not a signor, what do we lose if we don't include in there... Commissioner De Yurre: Well, something tells me that we're still going to be a player in this and a bigger player. Mr. Fernandez: Yes, correct. By signing... Commissioner Plummer: I think player is in the name of money. Mr. Fernandez: Yes. Commissioner Plummer: And I think money will tell them whether we give them one dollar or one hundred thousand dollars by virtue of the actions that they take. Commissioner De Yurre: Well, right now, I'm looking at the whole picture of pulling out 2 million dollars from this program. Commissioner Plummer: Well, I think you're... Commissioner De Yurre: Until I get a legal opinion to tell me one way or another. Commissioner Plummer: Victor, let me tell you, if I thought that there was the remotest way that we could collect that 2 percent bed tax and keep it for the City of Miami, my friend, I will swim a river to support it. Mayor Suarez: Without a legislative change. Commissioner Plummer: Well any way, even with legislative. OK? Mr. Cardenas: With any way. Mayor Suarez: Oh, with the... oh, they can, in their infinite wisdom, give us absolute power to collect it and levy it and spend it ourselves. Commissioner Plummer: That absolute wisdom did not work before. And we tried to do it. I'm just saying to you... x Mayor Suarez: I'm saying they could. Commissioner Plummer: Look, all I'm saying is, I love the leverage of 13 to x i OK? We sign without a dollar amount we get the million three to operate `.r _ our own bureau, all right? If we don't sign, is the. area that -I Am of concern, of the vacuum, where in the hell do we get the money to operate'ou'r,^ z agency 7�f Mr. Cardenas: Exactly, Commissioner Plummort That's my area of concern. sx_ Mr. Odiot We will get that money, f 6 @ Mr. Fernandot: No, my understanding... ,., Commissioner l'lu mart What? x 31 f Mr. Odio: We will still get that money. Mr. Cardenas: No. Commissioner Plummer: Yes, until the County Commission meets again... Mr. Odio: No, sir, because what I'm saying is that you... Commissioner Plummer: Look, hey, all I'm saying is, without putting a dollar figure, what have we got to lose? Mr. Fernandez: You have, in fact, committed, even though the contract and the — portion of the contribution of the City of Miami has no dollar amount to it, the overall interlocal agreement is the vehicle by which the whole implementation of the collected tax is put into play. Commissioner Plummer: Well, take it out then. Take that part out. You see, there's one other concern that's not been expressed here. And somebody better express it for the record. If this interlocal agreement by the City of Miami is not signed, then the other... well, you said it, the others are null and void and you have a loss of over $200,000 from the other signature people. Now, whether we like it or not, somebody better speak up, whether you agree or disagree and God knows, I've had my disagreements with them, and I'll continue to. But somebody... that damn agency has got to continue or this town is going to suffer. Commissioner De Yurre: OK, Mr. Odio, you were going to... Commissioner Plummer: You could say that they're not doing but 50 percent of what they should, but it's 50 percent more than anybody else is doing. Mayor Suarez: I'll tell you what... Commissioner De Yurre: You were going to express a point as to the one point three million that we would not lose it. Mr. Odio: We will still receive that monies and especially since we are saying, we are not saying that we are not going to sign anything, we're saying that we should enter into conversations with the County right away. Because' they do have their... Commissioner Plummer: Excuse me, Mr. Manager. Mr. Odio: Yes. Commissioner Plummer: Mr. Manager. Hypothetically, are you for not for one _ minute of the belief that if something were to happen at the County Commission -, next Tuesday, that five votes say hold the money. Remember what they did to us when we tried to get that money put directly to us. They said, no. When we.tried to change it from Orange Bowl to Sports, they said no. My concern-3s' that next Tuesday, the County Commission meats and they say, OK, Miami has not' agreed to it, five votes say, hold the money until it's decided. rMayor Suarez: Yes. h Commissioner Plummars Where are you going to get the million three? - Mayor Suarez= Wait, wait, wait, Cesar, we know, I think, the dynamics of this. And in that context, J. L., let me say this. If you make a -motion as Xt you had suggested, I will second it. Here's what will happen because I,,dou't want to imply that we have any basic disagreement here. It s. just. sort; --of, & matter of tactics versus strategy.'z Commissioner Pluamner: No, I do have disagreement, Mr. Mayor, and lot me juot" F put one on the record. ti> ` Mayor Suarez: But I'm going to second your motion so I'm going to agree with e you. Comnisssioner Plurmaers Don't do that. 11t,will lose. r� ai x l 31 1 r Mayor Suare2: Now, what will happen than is, we have a motion and a second.4. that's what I was going to get to, the third vote. We have a motion and a second by two Commissioners and we have another substitute motion and a second by myselc, in this case, and that means that the deciding vote may very well be the Vice Mayor, which is very correct. Because he's been the brig that's been sitting there battling it out for the last couple of years. If he thinks that this is as clear a message as we can send without jeopardizing the whole process and he can vote for it, and if not and then we'll take... in effect we'll be taking his cue as to which way to proceed. More importantly, we'll complete the discussion and get on with the next item. Commissioner Plummer: Mr. Mayor... Commissioner Alonso: The item - excuse me... Commissioner Plummer: ... go ahead. Commissioner Alonso: Excuse me. This item is very important. I'm getting conflicting opinions when I turn to this side I've been told yes, we can wait. Then, we hear Commissioner Plummer telling us otherwise and then some comments from the Commission as well. I'm very confused. I want a legal opinion and what is right. Vice Mayor Dawkins: Hey, over there. Say, Mr. City Attorney... Mr. Fernandez: Yes, sir. Mr. Cardenas: Mr. Mayor, while they're doing that... Mayor Suarez: Procedurally, we've got a problem here, Al. We got a problem here. I think the Commissioner has just deadlocked us. I think she's right and I think I remember a provision in the code that says if we need a legal opinion and it sure sounds to me like we need a legal opinion to solve this one as to what the implications are of not signing on, I think then, we have to delay action on it for at least seven days, according to the City Code. Mr. Cardenas: OK, let me just add one thing which I had not said earlier that maybe will, hopefully, help clarify something else a little bit. Mayor Suarez: And, then, by the way, Al, at the end of that seven day period, I'll convene us into special session right around Christmas time and... Commissioner Plummer: Oh, isn't that nice. You lost everybody's vote. Mayor Suarez: ... then we can solve everything and we won't have much of an audience but... Mr. Cardenas: Basically, I just wanted to conclude this so that we all understand. There's a total kitty of 2.6 million dollars, let's say, collected from the City of Miami through Dade County. Of that 2.6 million dollars, whether you sign the interlocal agreement or not, the Greater Miami Convention and Visitors Bureau gets a $1,300,000. Then the other $1,300,000 comes to the City of Miami pursuant to your agreement to fund - excuse me? Pursuant to your agreement with the County. And that's why Commissioner Plummer was referring to a 13 to 1 leverage because for a hundred thousand dollars, give or take a few, you get a million, three hundred thousand, dollars. Let me play out the scenario again, if I can. Assuming you don't. sign the interlocal agreement, forget the funding because I told you that, you know, we defer that to work out our problems. If you don't sign the interlocal agreement, the Greater Miami Convention and Visitors Bureau gets the same amount of money from the County from the taxes collected through the City of Miami whether you sign it or not. I just wanted you to understand r that it gets $1,300,000. The only thing at issue, if you don't sign the N. interlocal agreement is whether you get your 61,300,000. I just want j you to understand that that's what at issue here. Mayor Suarers Well, we also want to know the impact or the effect,.. Mr. Odio: Excuse me.... m Mayor Suarez: ..,on the whole interlocal agreement to if We suppoad ; our action further and 1 think that's what the Co mnissipaer wanted a legal opialo . 3 11�X ... . •... .�.. � a.. .� ,. �... .,�� v... to t.. _ R•.v..�. t.�i,� F�F9Y-A'S¢�M�d.. A on. The City Attorney has said that possibly in the next couple of hours the can get an answer to us. And really, that would make sense from all of our perspectives. So, unless anyone has any serious objections, let's table the item. We're awfully close. I think there's almost a consensus here but, perhaps it will be a consensus if we have an answer to that question. She's right to ponder - what happens if we don't do this? I mean, are we going to have these dire consequences, is the agency going to go? Is the County able to make a deal without us? I have a feeling I know the answer, but we'd better get it from the City Attorney. Mr. Cardenas: Ok, air. THEREUPON THE ITEM WAS TABLED. 7. PROVIDE FOR ACQUISITION OF CERTAIN PROPERTIES IN SOUTHEAST OVERTOWN/PARK WEST FOR REDEVELOPMENT PURPOSES - AUTHORIZE ISSUANCE OF $22,000,000 OF COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990 TO FINANCE COST AS WELL AS REPAYMENT OF A LOAN TO THE CITY BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Mayor Suarez: OK, item three. Item two is tabled. Commissioner Plummer: Move it. Vice Mayor Dawkins: Second. Mayor Suarez: 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. 89-1151 A RESOLUTION, WITH ATTACHMENTS, OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF CERTAIN PROPERTIES IN SOUTHEAST OVERTOWN/PARK WEST; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY-TWO MILLION DOLLARS ($22,000,000) IN PRINCIPAL AMOUNT OF THE CITY'S COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO FINANCE THE COST THEREOF AND TO FINANCE THE REPAYMENT OF A LOAN MADE TO THE CITY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR THE SOURCE OF REPAYMENT OF SAID BONDS; AUTHORIZING VALIDATION OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. T. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: Xti Tz) AYES - Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso { Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES$ None. 18SENTs None. G f�, n r t 34!9�A$1Rp',�� { F ------------------------------------------------- 8. AUTHORIKE/DIRECT THAT PREVIOUSLY APPROVED RELEASE BY CITY TO - INTERNATIONAL OCEANOGRAPHIC FOUNDATION (I.O.F.) OF DEED RESTRICTIONS CONCERNING LAND ON VIRGINIA KEY PROVIDE FOR CITY'S RETENTION OF A "PUBLIC PURPOSE" REVERSIONARY INTEREST - EXECUTE INSTRUMENT WHEREBY CITY COVENANTS I.O.F. ACCESS ACROSS CITY -OWNED LAND TO THE NEARBY BODY OF WATER - APPROVE LETTER OF COMMITMENT REGARDING SCHOLARSHIPS TO UNIVERSITY OF MIAMI. --------------------------------------------------------------------------- Mayor Suarez: Item four. Commissioner Plummer: Move it. It's a follow up, Mr. Mayor. Mayor Suarez: Moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Mr. Jorge Fernandez: Yes, in item number four, Mr. Mayor, before you pass it, I have a new package is being distributed to you that has just minor corrections on it... Vice Mayor Dawkins: No way. Mr. Fernandez: ...but as you pass... Vice Mayor Dawkins: No way. We defer it until - see, we keep telling you guys not to do this to us. Mr. Fernandez: No, no, this is just typographical errors. Vice Mayor Dawkins: No, no, no, we keep telling you not to do this to us. Mayor Suarez: If they're not substantial... Mr. Fernandez: No, Vice Mayor, Vice Mayor Dawkins, this is a legal description that is two pages long and in a legal description, we confused a W' - for an E, a west for an E - I mean, this is a type of thing that's almost unavoidable when you're trying to work to perfection with a legal document. Nothing of substance has changed. Mayor Suarez: Are you trying to tell us you're very close to perfection, is that what you're... Mr. Fernandez: We are very close to perfection. Commissioner Plummer: I move we get a City Attorney that's perfection. Mayor Suarez: All right, on the understanding that any typist will make one _ small mistake out of a thousand bits of typing and that they're totally insubstantial changes. Thank you, Mr. Vice Mayor. We have a motion and a second, do we, Madam City Clerk? Commissioner Plummer: I've moved it. ' n - Vice Mayor Dawkins: He moved it... Mayor Suarez: Do we have a second? Call the roll on Mein four. s� q , x .; .e A The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1152 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THAT THE PREVIOUSLY APPROVED RELEASE BY THE CITY TO THE INTERNATIONAL OCEANOGRAPHIC FOUNDATION OF DEED RESTRICTIONS IN CONNECTION WITH CERTAIN LAND LOCATED ON VIRGINIA KEY PROVIDE FOR THE RETENTION BY THE CITY OF A "PUBLIC PURPOSE" REVERSIONARY INTEREST AS SUBSTANTIALLY SET FORTH IN THE ATTACHED INSTRUMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID INSTRUMENT WHEREBY THE CITY COVENANTS THAT SAID FOUNDATION AND ITS SUCCESSORS IN INTEREST SHALL HAVE ACCESS ACROSS CITY -OWNED LAND TO THE NEARBY BODY OF WATER AS DESCRIBED HEREIN; FURTHER APPROVING THE LETTER OF COMMITMENT REGARDING SCHOLARSHIPS TO THE UNIVERSITY OF MIAMI AS PREVIOUSLY PROVIDED IN RESOLUTION NO. 89-440, ADOPTED MAY 11, 1989. (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. 9. PROHIBIT SALE OF ALCOHOLIC BEVERAGES IN ORANGE BOWL STADIUM DURING 1990 ORANGE BOWL CLASSIC FOOTBALL GAME - ACCEPT OFFERS BY ORANGE BOWL COMMITTEE AND VOLUME SERVICES, INC. ($31,450 EACH) AS COMPENSATION FOR LOST REVENUES. Mayor Suarez: has obviously comes to tell issue. Right, I see and eager representative of the Orange Bowl Committee who recovered from a drinking spree at the Notre Dame/Miami game and us what a great job we did at that game in relation to that Tom? Mr. Thomas Wood: Mr. Mayor, you're not only a man of great wisdom but a great sense of humor. I'm Thomas Wood, current President of the Orange Bowl Committee. I have with me my successor, Arthur Hertz, President Elect and Steven Hatchell, the executive director. Mayor Suarez: Wait a minute, he's going to be the next chairman of the Orange Bowl Committee? Mr. Wood: Yes, sir. Mayor Suarez: President, rather, and a little over weight and kind of earthy looking guy? There are definitely changes happening in this City. Mr. Wood: Commissioners, for the past two years the City Commission in its wisdom has granted, for variance for the sale of beer to the Orange Bowl. Committee. We have enjoyed a great atmosphere, a great environment for intercollegiate athletics as compared to professional athletics, The Orange Bowl Committee in its various trips around the country has sold that Image.ano we have had great press and great feelings from the different schools, aid great feelings from the different parts of the country that feel that it ;ie +` s} wonderful experience to come to the Orange Bowl and watch that gamend a+ateh' ( Y+ F 30 r r } that half time show and the festivities surrounding it without the advent or the difficulty of having beer being sold in the Orange Bowl. This year we have another matter that has come up. The NCAA post season football handbook and it is a brand new book, and it has in it - and I've brought a copy for all of you - a section on alcoholic beverages, and I hate to bore you but I have to read this to you. "Alcoholic beverages shall not be sold or otherwise be made available for public consumption at a post season football game certified by the association, nor shall any such beverages be brought to the site during the game, i.e. from the time access to the stadium is available to spectators, and until all patrons have left the area for consumption." That is another problem we have this year. The Orange Bowl has recognized action taken by the stadiums for the Philadelphia Eagles, the Buffalo Bills, the New England Patriots and others that have banned beer recently because of the difficulty. We are facing a very exciting Orange Bowl game this year. It is possibly a fifth national championship for the last ten years. We have processed and credentialed over 800 television and sports writers from around the world and _ the game will be televised in Brazil, Latin America and Japan. This is a _ national event focusing on the Orange Bowl Game of this year featuring Colorado and Notre Dame. Whenever you bring Notre Dame to an event such as this, they bring their own television audience, they bring their own game and in effect they bring thousands of visitors. We have sold over 30,000 tickets to both teams and we feel that there will be a tremendous crowd in the Orange Bowl and for that reason, we are very concerned about keeping our image of a fine clean inter -collegiate family type football event such as the 56 Orange — Bowl. In that regard, Mr. Mayor, I respectfully request that the City _ continue its policy of banning beer in the Orange Bowl for the 56th Orange Bowl Festival. Mayor Suarez: That was very artfully stated because you are continuing a policy that basically reflects one Orange Bowl Classic as opposed to a policy that reflects all of the other games had at the Orange Bowl this year. So which policy are we continuing, I'm not sure, but anyhow, I see the point you're making. Mr. Manager, what is your recommendation? Mr. Odio: I recommend against this. I think we should sell beer. I think that we are committed to renovating the Orange Bowl, as you have indicated in the past, we have revenue commitments that we must have in order to pay for the debt that we're going to incur in the renovation of the Orange Bowl. I have a letter from Sam Jankovich that said very clearly to me after the Notre Dame/Miami game where we had a record crowd of 82,000 people and only two arrests for disorderly conduct and we cannot say that they were because of beer sales, and I'm quoting him, says they should put the beer issue to rest once and for all, this game and that is referring to the Notre Dame/Miami Game and I believe that we control the crowds, that we can have a control on the beer sales and we need the revenues that are tied to that sale of beer and that is why I have to recommend against this. Mr. Suarez: But you would still restrict it to the first half, assuming we Mr. Odio: We have restrictions that we only sell to the half time, we also now are requiring that they have to prove with I.D.'s before the game that they are of age. They get a bracelet and unless you're wearing that bracelet you cannot buy beer and that's the way it works. Mr. Plummer: Mr. Manager, that is a bunch of malarkey. Mr. Odio: No, it isn't, Commissioner. Mr. Plummer: Mr. Manager, it is a bunch of malarkey. Mr. Odio: That is your opinion, Mayor Suarez: OK, we reflect for the record that one of you thinks it is a bunch of malarkey and the other one isn't. Why not and why yes, please. Mr. Plummer: I'll show you, I'll get you a video tape of, I think it was Channel 7 who showed on video tape a man took off the wrist band and put $t du a kid. So don't tell me that that wrist band is a magic wand that eliminated all problems. Now you'd like to believe that but they showed it on television_ where they took off the wrist band and put it on a kid. t` AMEN x , r 37 ii9AA4t'#$ i± i -' xFF'• - Mr. Dawkins: May 1 make a statement? You know, somewhere along the lines, along the way, we have got to learn to have a meeting of the minds. Nov as long as we were attempting to get the University of Miami to sign a long lease agreement, everything was rosey. Then we came along and in an effort to attempt the Orange Bowl to sign a long term lease, which they did... Mr. Plummer: Uh uh, not yet. Mr. Wood: No, we did, we're operating in the end of our long term lease. Our lease expires next year. Mr. Plummer: Their lease is up in 91, we're talking about a 15 year extension but it has not been approved by this Commiss ion nor has it been in any f inal form of concrete. Mr. Dawkins: OK, well, all I'm saying is we've got to work together, you've got to give somewhere, you've got to take somewhere and for all that's worth, that's all I've got to say. Mr. Plummer: Mr. Mayor, if I may, I am of mixed emotions. I feel that in the past year the Orange Bowl Committee did, in fact, do what was right half way. They paid out the concessionaire for the amount of money he would have collected had the beer been sold. The reason I voted against it last year is they refused to pay the City our 42.1. Now, that's nice to think that the Orange Bowl is nationwide and all of that, but let me remind this Commission that last year, or this year, excuse me, Super Bowl, the largest event in the world, sporting event, was held in the JRS and not only was beer sold, but hard liquor was sold. And I don't remember any adverse publicity. Now, the other side of the coin, you know, I go back to the Orange Bowl to day one. And that is, I can remember the stadium manager's office when we didn't sell beer looked like a package store and we only got about 10 percent of what went through the gate. If the Orange Bowl Committee wants to eliminate beer, I think they have a responsibility, not only to buy out the concessionaire, but to buy out the City, and then we'll fight with the problem of people bringing in illegal booze. But to pay out the concessionaire without paying out the City, I think is wrong. We have the same obligations as the concessionaire and if they want to buy us out, I think that's within their right to do so, period. Mr. Dawkins: Let me ask one question, J. L. With the banning of beer in the Orange Bowl, does that ban all alcoholic beverages from the press box and everywhere else during the game? Mr. Wood: Mr. Dawkins, that is my responsibility and I promise you there will be no booze and there was no booze in the Orange Bowl Stadium last year. Mr. Plummer: I can assure you, Commissioner, that I, personally went up and checked last year to see whether or not there was any booze served and there was not. Mr. Wood: That's my policy, Mr. Dawkins. Dr. Alonso: What is the approximate amount of revenues that we would lose? Mr. Odio: Going by the Notre Dame -Miami game, we would stand to lose $56,372 from our share and the concessionaire gross, it added to $135,000 total. So, the difference would be the concessionaire except he's willing to go for less because he won't have the expenditures of buying the beer, etcetera. But we would lose the entire amount. Mr. Plummer: Mr. Wood, are you suggesting, air, that you're going to buy out or buy out half or buy out a part? Mr. Wood: May I respond to your earlier comment? Mr. Plummer; Sure, Mr. Wood: It is my understanding that the City Commission agroed to waive their side of the beer expenses. r Mr, Plummer: At the - you wean last year or this year? l 38 1 t Mr. Wood: Yes, sir. We didn't go on a secretive basis and buy out the concessionaire and harm the City of Miami. It was our understanding the City of Miami would waive their fees and they told us to take care of the concessionaire. So, we didn't do something that was unfair. We were told that the City would waive their fees, we'd have to deal with the concessionaires. Mr. Plummer: That was last year. Mr. Wood: For two years in a row. So we dealt... Mr. Plummer: Well, that was done on the basis of my negative vote, as you will recall. I think it passed three to two. Mr. Wood: I understand that, but my point was, the City waived the beer and told us to go deal with the concessionaire, which we did. So we weren't buying out the concessionaire and not buying out the City as some sort of evil agreement. We were told to do that by the City. The second thing I have to say is, under the letter that our able City Manager has from Sam Jankovich, I might respectfully suggest to you that that NCAA post season football handbook, which says that there will not be beer or alcoholic beverages sold in games that are sanctioned by the NCAA and that's the Orange Bowl, the vice chairman of the post season football committee is Sam Jankovich, so I think that helps you with his letter. Mayor Suarez: Tom... Mr. Odio: That's in effect for next year's, not this one. Mr. Wood: Yes. It's to be reviewed this year. We also have two letters, Mr. Mayor; one from the University of Notre Dame and one from the University of Colorado asking, please, not to sell beer. Mayor Suarez: Those are the teams participating? Mr. Wood: Yes, sir. Mayor Suarez: Tom, I'm, for myself, am inclined to vote based really on policy questions other than the strict financial aspect of it. What are the other bowls doing? Have you already stated that into the record? Mr. Wood: I'm sorry? Mayor Suarez: What are the other major bowls doing in terms of sale or non sale of alcohol? Mr. Wood: Two allow beer and two allow not at all, none whatsoever. _ Mayor Suarez: That's helpful. - Mr. Wood: Yes, it is. I might suggest to you that, as being good citizens and trying to continue to have our image grow with the City,of Miami, that we are very good citizens and good tenants. We paid last year $206,000 rent. This year we'll be paying more rent. Mayor Suarez: And one other thing too... Mr. Wood: For one game. Mayor Suarez: ...this is not one of those kinds of things where there will be any disincentive for people to attend in the sense of lack of gate or anything like that. I mean, there's plenty enough people that are coming and I don't know that anybody's ever cancelled a trip to the Orange Bowl Classic or buying a particular seat at the Orange Bowl Classic because of non sale of alcoholic beverages, so, in that sense, I don't think we're hurt. It is a clear loos of some revenues. What was the amount, Mr. Manager? -the typically? Mr. Odi,o: The total gross sales of a hundred and some thousand dollars. Mr. Plummer: How much to the City is what I think... YAY MStt. Mr. Qd, o: Fifty-six thousand dollars, > QQ �4�• t �Hi4-�` - �.w: l .. - - ...... .......__.u-. ,..m.,...:.-....,------'"-•--+-'--.-,�,e.r.".^'g^l+t=-•ya+rt-�a.a'°.G',lsie � _-- —_ k Mayor Suarers You, I mean, I'm... Mr. Odio: I want to point... Mayor Suarez: What our share is, is what interests me. Mr. Odio: I'd like to point out that.... Mayor Suarez: And there's no attendant cost to that? You're sure you've eliminated all indirect cost, cleanup, things that we would, otherwise, have to take care of afterwards? Mr. Plummer: That's based of 42.1. Mr. Odio: We shared 42.1 percent net out of that beer sales and that's our take in. Mayor Suarez: Yes, but I have a feeling if...I have a feeling our solid waste people and some other departments might have to do a little extra work if we... Mr. Odios That comes out of the rents or whatever. Mayor Suarez: And how about did the number of police officers, again that doesn't affect it? Mr. Odio: No, sir. Let me point out that in negotiations with the University of Miami, I stood very firm on the Notre Dame -Miami game is because they stated, when I said that I would not recommend that we stop beer sales for that game, that we do it for the Orange Bowl Committee and we don't do it for them and we are in negotiation with the University of Miami and that they. would not like to beer up to now. Now, with the letter that I got from Sam, l he says that issue is put to rest. Up to that point, they had been saying that, "How come we do it for one and we don't do it for them?" is s Mayor Suarez: OK, Commissioners, I think the issue could be debated forever t and... Mr. Plummer: Well, I would like to hear from. the Orange Bowl Committee, what they're offering the City, if anything. Mr. Wood: Well, two things I'd like to bring into contention. One is that ourgame is a late night game and you'll have people in the. stadium till probably midnight and the alcohol, in that time of the evening, doesn't mix. 3- In contrast to the University of Miami, if they have one game, where they have �a beer sold and they made a mistake, they can recoup it because they have five or six.games in the stadium. If we make a mistake and have beer sold.in the 3 ; Orange Bowl and have some disasters like we had years ago with Oklahoma and Nebraska, our image is hurt very badly. It takes us a year to recoup if we can. As a matter of fact, Commissioner De Yurre went with us- at a' 6:00' o'clock trip to Nebraska last year. We all got our brains beat out about 'beer' i in the Orange Bowl. Do you remember that, Commissioner? Very difficult time, If we didn't have Major Marsh with us, we would have had a bad time. I'm' asking that the Commission again follow its policy of waiving the sale of,, beer' in the Orange Bowl Game. Mr. Plummer: Are you... d' Mr. Woods Now, that means that the Orange...F Mr. Plummer: Here again, I'm asking the same question... Mr. Woods .Right, now that means...x Mr. Plummors ...you're offering ;to buy out the conceostonaira„, " t i t z Mr. Woods No... we have yes, sir. 2 I �• Mr. r1woo • TAT. f 4 } to Mr, Woods Thirty... 2. 40 z �i. Mr. Plummer: What are you offering the City? Mr. Woods I'm asking the City waive anything we can do, Mr. Plummers In other words, you're not going to pay the City anything? Mr. Wood: Well, let me tell you where we are. Mr. Plummer: OK. Mr. Woods And you tell me what you want to do. I've come here for help, we're partners, trying to help the City of Miami's image around the country. We're not adversaries, we're partners. Mr. Plummer: I understand that. Mr. Woods We're also very strong tenants. The concessionaire has agreed to a pay out, Cesar, of $31,450. We have budgeted $40,000 for the pay out. I don't know what else you'd ask us to pay in addition to that? He wants $56,332. Mayor Suarez: We're $47,000 apart is what you're saying. Mr. Wood: Yes, sir. Mayor Suarez: You're offering nine and... Mr. De Yurres Forget the three eighty-two, settle for the fifty-six. — Mr. Plummer: What? Mr. Wood: And you're also... you'd also have an increase in rant this year from the stadium. Mr. Odio: The thirty-two is not to us, it's to the concessionaire. Mayor Suarez: What is the increase in rent this year? Mr. De Yurre: We'll keep the fifty-six, forget about the change. Mr. Wood: I can't guesstimate it. What would it be? -thirty thousand? Mayor Suarez: As opposed to last year? — Mr. Wood: It will probably be twenty-five to thirty thousand more. Mayor Suarez: OK, Commissioners, again, the item has been dealt with,. discussed, considered, analyzed to the point of just having to make a policy r decision. 6 Mr. Plummer: Or no action. - "1 Mayor Suarez: No action leaves the status quo, correct, Mr. City Attorney? - which is that... Mr. Fernandez: Correct, the way it is. Mayor Suarez: OK, any... R — Fz Mr. De Yurres Go to the next item. Mayor Suarez: OK. No motion is made? Looks this like no action,, Toms and leV vs;: T, hope that everything will go well year. Mr. Wood: Thank you very much, thank you very much. I appreciate it. Mr, Plumaers Tom, I wish you'd make some kind of an offer.' Mayordid, phis Y� rwpocq and thirty4 one,le if understood correctly Woo, heti �� ', ., •: we�'o= eeyipgt • ° • ,. , -- f �3 ^ �a � � °4'y; ���• vT' 41 AM Mr. Wood: Yee, sir. Mayor Suarez: That sounds to me like approximately nine. Mr; Woodt When you say, "No action," what does that mean? I'll have to` learn. Mr. Dawkins: That means there's no beer. Mayor Suarez: We maintain the status quo which means that we continue selling beer. Mr. Wood: You continue selling beer. Mr. Plummer: That's, that's... Mr. Dawkins: Hmmm? Mr. Wood: Commissioner Dawkins has got it mixed up, or I've got it mixed... Mayor Suarez: Let me clarify one more time for the record, Mr. City Attorney. Mr. Dawkins: Would somebody please clarify it for me? Mayor Suarez: No action would mean that we maintain the current agreement which includes the sale of beer for half of the game, is that...? Mr. Fernandez: Up until the beginning of the third... Mayor Suarez: Oh, don't get so technical with me. First half and half time. Mr. r Dawkins: Wait, what agreement last - wait a minute, I'm confused, so _ somebody unconfuse me. Tom, you need to hear this because I'm confused. Mr. Wood: Yes, air. Mr. Dawkins: If you continue the policy, the policy that you had with them was no beer. Mr. Woods For two years. Mr. Plummer: That's up. Mr. Dawkins: See, all right, so now, if you continue in that policy, there is no beer. So now, what policy are you continuing? Mr. Plummer: That which is in effect. - Mayor Suarez: In what sense was that two years? Now I'm confused. r Mr. Fernandez: They're coming to you asking you for a waiver for this year. Mayor Suarez: Right. Mr. Plummer: See, the other policy ran out. M F dew Cor ect7 If ou don't waive for this year than your overall` . ernaa overriding policy is that you have beer sale up until a certain time period in - _ the game. Mayor Suarez: Well, it's more than a policy, isn't it? I mean, it's ordinance coupled with the administrative decision of the Manager to cut off at... Mr. Fernandes: Correct, well, that's what's in place. . Mayor Suarez: OR? hM1 Mr'. Wood: All .right, that means that we're not doing very well. .All rig what: l need to suggest to you is that, again: Me feel grey : gtgly should not be; -**14. $ ' there some way,' dirt City Manager, k � 42 ir- v';L� j recotdend to the Commission that the Orang6 bowl pay to the City of Mimi a fee commensurate with the ratio of fees paid to the concessionaire, Let me explain that to you, for example,.. Mr. Odio: If we get our net take, which is approximately $56,000 and you pay the concessionaire off in the amount that they're entitled to, I have no problem. Mr, Wood: That's eighty-eight... Mr, Plummer: Mr. Manager, there's a mean man that won't compromise. Mr. Odio: It's about eighty-eight thousand dollars. Mr. Wood: Right, you're talking about eighty-eight thousand dollars. Mr. Plummer: It's a mean man that won't compromise. Mr. Odio: Well, I asked him for a hundred and thirty-five this morning. Mr. Wood: Here's what I'm asking; eighty-eight thousand, one fifty. The concessionaire's 58 percent out of the original one thirty five, because those concessionaires figures $31,450. The City is $56,700. If we pay the concessionaire $31,450, on the same ratio, the City would reflect a $14,112.62. Now, it makes me feel silly, as I'm trying on one side to convince the Commission on how important it is not to have beer in the Orange Bowl Game because of the environment of the parade and the elephants and the Donald Duck and Mickey Mouse and grandmothers and children. It's very important, it's very important because this City doesn't need something happening the Orange Bowl with 50,000,000 people watching it on television and 25 more in Brazil and Japan. And I feel also, on the other hand, because I know that Cesar has fiscal restraints, for so to me to offer $50,000, I'd look like - $15,000, I'd feel like a fool. _ Mayor Suarez: There's an interesting variation on last year and on the figures the Manager has given. Those figures, I think, are based on the —_ University of Miami being at the Orange Bowl Classic, which are not this year. That has two consequences, number one is presumably more people, more gate, — more profits all around, if the University of Miami plays. The other one is that our own citizens of Miami and people interested in the University. of Miami are involved and perhaps because of that, we have cause to expect them`' to behave a little bit better than people that come in from out-of-town and — have no particular concern about our image. Because when you said about the other game that created a problem, you know, you wonder why it didn't affect the two teams playing and the gate case you mentioned, Tom, neither one was from Miami. It was Oklahoma and Colorado, I believe you said. And.I wonder •': why it doesn't affect their image instead of the City of Miami's image? And so, therefore, in view of the fact that both teams are from the outside and that for all we know, they will, in fact, not be as concerned about comporting - themselves and that football and alcohol in over supply sometimes don't mix too well, I will... what is your latest offer financially? -just throw that = in. Mr. Wood: The only thing I could tell you is, in all fairness to everybody, — and I'm voting against myself as we'll match what we have to pay the concessionaire. k Mayor Suarez: Which is? -just so... t Mr. Wood: Thirty-one thousand, four -fifty. r Mayor Suarez: I'll move it with that proviso. Mr. Plummer: Second. Mr. Wood: I'm not sure, I think I just got sandbagged by Cesar. I think r Cesar sandbagged me.}: °r Mr. Cdloi No. Wr. Aawkina t Ito been moved and seconded. Evorvbodv understand the maticnI The motion's clear? Call the roll, Madam Clerk. 43 Y a� it Z f The following resolution was introduced by Mayor Suarez, who moved its Adoptions RESOLUTION N0, 89-1153 A RESOLUTION PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES IN THE ORANGE BOWL STADIUM DURING THE 1990 ORANGE BOWL CLASSIC FOOTBALL GAME ON JANUARY 1, 1990, PURSUANT TO THE REQUEST OF THE ORANGE BOWL COMMITTEE, INC.; APPROVING AND ACCEPTING CONSIDERATION OFFERED BY THE ORANGE BOWL COMMITTEE TO THE CITY IN THE AMOUNT OF $31,450 AND TO VOLUME SERVICES, INC., IN THE SAME AMOUNT AS COMPENSATION FOR REVENUES THE CITY AND VOLUME SERVICES, INC., WOULD NORMALLY HAVE RECEIVED FROM SAID SALE OF ALCOHOLIC BEVERAGES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, THE ORANGE BOWL COMMITTEE, INC., AND/OR VOLUME SERVICES INC., AS REQUIRED, FOR THIS PURPOSE. L (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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: Before I vote, are we legally bound... why is it that we have this concept that we have to pay $31,000 to concessionaire? Mr. Odio: Well, that's what he agreed to. Since he has the rights to sell beer at the Orange Bowl. Mayor Suarez: No, but he agreed to presumably, because there's some agreements already with the concessionaire. Mr. De Yurre: He as the right to what? Mr. Fernandez: But there is an agreement. Mr. Odio: He has an agreement. Mr. De Yurre: What is the agreement? Mayor Suarez: That is, we're bound by... Mr. Odio: The agreement is that he sells beer and we get - the City takes 42 percent of the take. Mr. De Yurre: OK, now, I... ,f Mayor Suarez: And, in the absence of the sale of beer, we have to pair him the equivalent expected profit, is that...?" f. Mr. De Yurre: Is that in writing? Is that the agreement? ri Mr. fldioe We have an agreement... t. Pk Mr. Yernandez: Yea, ��uk k ,fir{t *° 44 December 14 i 1"9 t .- Mr. Odio: ...that he should sell beer at the Orange Bowl in every event that we have at the Orange Bowl and he's willing to waive that in lieu of the - $31,000. Mr. Wood: Supposing l amend my suggestion and say that we will match the City of Miami whatever we pay the concessionaire. Mr. Plummer: No, no, no, no, no.... No, no, you're not going to throw that sandbag over here. Mayor Suarez: No, I heard the figure in the record of $31,000; that's the one I'm going by in my motion. Mr. Plummer: N000000, no.... Mr. Wood: I don't think you gentlemen trust me. Mr. Plummer: N00000, n0000. No negotiating in the junkyard. Mayor Suarez: And we heard the concessionaire was your relative too, so... Mr. De Yurre: Are you telling me that the concessionaire that we have has the contract to every sporting event at the Orange Bowl? Mr. Odio: Yes, sir. Mr. Plummer: Except rock concerts. Mr. Odio: Except we can waive it in rock concerts and we did. For instance, we did not sell beer for the - what's the name? Mr. Plummer: No, I don't think we can waive it, I think it's an absolute, they cannot sell alcoholic beverages in rock concerts. Mr. Odio: Yes, right, it's excluded from his contract. It's excluded from his contract. We could actually have made a decision, in essence, to sell beer at the Bolling Stones but we didn't. Mr. Plummer: Wasn't that a rock concert? Mr. Odio: Yes, but... Mr. De Yurre: So then, the legal opinion is that there's no way that we can get out of not paying the concessionaire and not selling beer? Mr, Odio: No, sir, no, sir... correct. ra Mr. Fernandez: Correct, he's entitled to receive compensation for otherwise what would be his right to be there doing it himself. Mr. De Yurre: And we're guaranteeing - the Orange Bowl Committee's' r guaranteeing $31,000 to us. Mr. Odio: To them. i A= Mr. Wood: We guarantee the same amount the concessionaire gets, whatever... L Mr. De Yurre: No, $31,000. Mr. Fernandez: $31,450 is the amount I heard. Mr. Wood: Right, Cesar has the figures. Mr. Fernandez: To the City, an amount that would satisfy the concessionaires ''m�� so that the... Mr. De Yurres No, no, no, I want an amount that's going to satisfy us. Mr. Fernandez: $31#4501 02 Mr. De Yurre: Thirty --one thousand, four hundred and... {�a,M} { y 45 Do i F Mr. Mummers No, that's not correct. Satisfy us is what the Manager spoke of, $56#000 is what our take would be on the same projected figures. Mr. Fernandez: OK. Mr. Plummer: We're compromising down to what the concessionaire is taking. Mr. De Yurre, No, no, no, no. Either we come to an agreement of what we're going to get right here and now or I'm not going to vote for it. Mr. Dawkins: Well, that's what he said.... Mr. Plummer: Well, that's your choice. Mr. Woods No, no.... Mr. De Yurre: And there's not going to be tied into what the concessionaire-s getting. Mr. Wood: No, no, Commissioner, Commissioner, my offer was to match to the City of Miami the same thing I have to pay the concessionaire. Mr. De Yurre: And it's based on $31,000. Mr. Wood: It's exactly the figure that Cesar has, $31,450. Each gets - we're treated Mr. De Yurre: So, you're comfortable with the City getting $31,000. Right? Mr. Odio: In other words... Mr. Wood: We're making that offer. Mr. Odio: What he's offering to pay sixty-two... sixty-three thousand ® dollars. Mr. De Yurre: OK, he's offering $31,000 to the City irregardless of what he _ pays. — Mayor Suarez: That's it, that's the clarification. Mr. De Yurre: The concessionaire. Mr. Odio: Yes, sir. •s Mr. De Yurre: And based on us getting $31,000... ski Mayor Suarez: And it's incorporated in the motion and the second, I believe. Mr. De Yurre: It is? I hope. I vote yes. Mr. Plummer: I like reasonable people, I vote yes. ifs Mr. Woods Thank you very much. I really appreciate it. Thank you very much` Commissioner Alonso, thank you. Thank you, Victor, thank you Mr. Dawkins, J. Mr. De Yurre: Shirley Temple's at the Orange Bowl Game. r ii r * ;fit 3 00, 46 1J'.; --------------------i.i.r 11�1 10. (A) AUTHORIZE REVOCABLE PERMIT FOR SHAKE -A -LEG, INC., FOR USE OF A PORTION OF THE ELIZABETH VIRRICK GYM AND BOAT RAMP (2600 S. BAYSHORE DRIVE) - FOR A RECREATIONAL SAILING/ROWING PROGRAM FOR DISABLED RESIDENTS. (B) ENDORSE EFFORTS BY SHAKE -A -LEG, INC., TO SECURE FINANCIAL SUPPORT FROM METROPOLITAN DADE COUNTY, STATE OF FLORIDA AND OTHER FUNDING AGENCIES FOR THEIR ROWING/SAILING PROGRAM FOR DISABLED RESIDENTS - URGE DADE COUNTY BOARD OF COMMISSIONERS TO SUPPORT THE REQUEST. Mr Dawkins: Item 6. Mayor Suarez: Six, Dr. Green, is he here? If not, any of the representative... Mr. Dawkins: There he is. Mayor Suarez: Any of the representatives of the Shake -A -Leg sailing program for the handicapped... Kevin, to cut through complexity and get the Commissioner in a posture of what sounds, at least to me, like a very worthy concept and a worthy program, it's very exciting. What are the principle parameters of it and then... Mr. Plummer: I'll move that we send it to the Manager for final negotiations. Mr. Dawkins: Second. Mayor Suarez: For final negotiations within the parameters recommended, J. L. ? Mr. Plummer: That's correct. _. Mayor Suarez: OK, anybody have any problem with the item? If not, please call the roll. — Mr. Plummer: Based on a revocable permit at any time, 30 days we can withdraw. Which is their proposal. - Mayor Suarez: We don't always have items that go this well here, although we haven't taken a vote yet. Mr. Dawkins: Call the roll. Madam Clerk, call the roll before we start.... Mayor Suarez: As you have noticed the last hour or so. —_ Mr. Plummer: By the way, did that concessionaire want to talk about the Orange Bowl? No, I'm just asking. Mayor Suarez: Thank you. a The following resolution was introduced by Commissioner Plummer, who moved its adoptions f �+ -� RESOLUTION NO. 89-1154 i I A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE „s AND PREPARE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE _ TO THE CITY ATTORNEY, FOR SHAKE -A -LEG, INC., A NONPROFIT 501C3 ORGANIZATION, FOR THE USE OF A PORTION —I OF THE CITY OWNED PROPERTY KNOWN AS THE ELIZABETH t VIRRICK GYM AND BOAT RAMP, LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF y` CONDUCTING A RECREATIONAL SAILING AND ROWING PROGRAM FOR DISABLED RESIDENTS OF THE COMMUNITY. (Mere followe body of resolution, omitted here and on ;t r file in the Office of the City Clerk.) y � K 47 a v f r � X u. Upon being seconded by Commissioner Dawkins, the resolution was passed _ and adopted by the following voter — 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: Kevin, clarification. Mr. Kevin Smith: Yes, sir, one thing. We would like to request that the Commission endorse Shake-A-Leg's through a resolution. They are going to the County seeking... Mr. Plummer: So move. Mr. Smiths ...funding for this project. - Mr. Dawkins: Second. Dr. Alonso: I second. Mr. Plummer: So move. Mayor Suarez: Moved and seconded, thirded, and fourthed and everything else. _ Any discussion? If not, please call the roll. Mr. Plummer: How can we be against motherhood, apple pie, and hot dogs? Mayor Suarez: Mother pie and applehood, as I always like to say. Mr. Plummer: Applehoodl The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1155 A RESOLUTION ENDORSING AND SUPPORTING THE EFFORTS OF SHAKE -A -LEG, INC., A NONPROFIT 5010 ORGANIZATION, TO SECURE FINANCIAL SUPPORT FROM METROPOLITAN DADS ,�z4 COUNTY, THE STATE OF FLORIDA AND OTHER FUNDING r AGENCIES, FOR SAID ORGANIZATION'S ROWING AND SAILING'; PROGRAM FOR DISABLED RESIDENTS OF THE COMMUNITY AND _.� SPECIFICALLY URGING THE DADE COUNTY BOARD OF ; z, COMMISSIONERS TO LOOK FAVORABLY UPON SUCH A REQUEST. (Here follows body of resolution, omitted have and on file in the Office of the City Clerk.) k Upon being seconded by Commissioner Dawkins, the resolution was passed—,r �j and adopted by the following vote: i ICommissioner AYES: Commissioner Victor De Yurra N k J. L. Plummer, Jr. Commissioner Miriam Alonso rJ }: Vice Mayor Miller Dawkins '= Mayor Xavier L. Suarez ` NfJBS: None. �v 414'b }ti +W' ASSRNTs None, U al v Here nosees submarine John r Mayor Suaron: oh, Waterf rout Board. You guys bless this a5ud tshi_ft��t entirely proper# right? d Mr. John Brennan: Absolutely. My name is, for the record, my name is John Brennan and I'm chairman of the Waterfront Board. Mayor Suarez: But you must speak anyhow, even though momentum is on your side. Go ahead, at your risk. Mr. Brennan: I really try not to speak, sir. We do have one small problem. Mayor Suarez: OK. Mr. Brennan: That property that Shake -A -Leg wants to use is park property, public property. It has been occupied for the last two weeks, almost completely, by Terremark Corporation. They park cars from Aviation Avenue all the way to the fence at Merrill -Stevens. If you go over there almost any time of day, you cannot find a parking place. I am asking the Commission so that Shake -A -Leg has a chance and so that our program to turn this back into a park would have a chance to find a way to stop the staff that's working now at the Terremark building... Mayor Suarez: What about a simple allocation of sufficient parking spaces so demarcated for whatever purposes we need? They cannot be used by anybody else. Mr. Plummer: Well, let me tell you what the problem is, there's about 40,000 signs there that says, if you don't have a trailer hooked up to your car, you're illegally parked. And the problem is that people don't read signs or they don't want to read signs and everytime we go over there, we tow about forty or fifty cars, it's great for a week or two. Mayor Suarez: How about some handicapped parking, additional handicapped parking there? I mean, nobody messes around with that law because it's what? -a $500 fine and I don't know what other things happen to you. How many more do you think are needed? Mr. Plummer: Well, but wait a minute, hold on now. Mr. Mayor, you still go to leave parking for trailers over there because that is a very much used ramp. Mayor Suarez: Ramp, yes, yes, I didn't mean to imply that we would get into the configuration. Just a reasonable number of those that should be marked - and earmarked for their purposes. And maybe carry the clout of the — handicapped parking ban that the state law has. I don't think it's a City ordinance, I think it's a state law. Mr. Plummer: Correct.`L -' Mayor Suarez: Can we work that, Mr. Manager, out and...? -i` Mr. Plummer: Put in the final negotiations. Mayor Suarez: Yes. As part of this... � F¢r Mr. Brennan: It's not only the trailer parking that we're talking about. - Mayor Suarers Oh, we're thinking of the program. r Mr. Brennan: Well, yes, they need space too, but the staff that's coming out �- of that building - also there's no signs at the raw bar that say, park in the garage up the street because we don't have a parking lot either. But ,S bog G you, Commissioners, to do something to protect this program, and the public, „G the taxpayers that are really interested in using that as a park. Thank you. for your time. �Y fiA -j- Mayor Suarez: OK, we're beginning to eat away at the sort of uncontrolled use by any one group of what is really supposed to be public parking for all kinds,, of purposes, not just to go to any restaurants in the wiciaitq, I,don't know than we can do much more than that at this point, John, but I have g that we'll hear from you again on it. I know we'll hear from Drank AlbrittoA.:. Anything farther, Commissioners, got a motion and a second,Any futhbr, discussion? If not, please call the roll. z x _ } _ 49 }� qpW}��. u �' 4rft-A (THE ROLL HAD BEEN CALLED. SEE R-89-1155) UNIDENTIFIED SPEAKER: Thank you. 11. GRANT REQUEST FROM "KIDS IN CRISIS" TO WAIVE RENTAL FEE FOR USE OF BAYFRONT PARK AMPHITHEATER - DESIGNATE DECEMBER 15, 1989 AS ONE OF 30 DAYS RESERVED FOR CITY USE OF BAYFRONT PARK (ORDINANCE 10348) IN CONNECTION WITH "SHINE -A -LIGHT" EVENT. Mayor Suarez: Item eight. I see the chairman... Mr. Plummer: Item seven. Mayor Suarez: I'm sorry, my mistake, and it's my item too in a way. Shine -A- Light event. I know that this is an extremely important program and I think the request is fairly reasonable and the program quite worthy... Mr. Dawkins: Move it. Mayor Suarez: Moved. Mr. Plummer: Can I ask what... Mayor Suarez: I'll second and - I'll second... Mr. Plummer: ...are they asking of the City? Mr. Dawkins: They what? Mr. Plummer: I don't know what they're asking of the City. Mr. Steve Wilson: Shine -A -Light, we are volunteer representatives. My name is Steve Wilson and this is Kitty Terry. We are volunteer representatives with Kids in Crisis which is a completely volunteer organization that raises funds for the Parent Resource Center. The Parent Resource Center is the oldest privately funded agency of its kind in the country and we deal with child abuse. Mr. Plummer: My question is, what are you asking of the City? Mr. Wilson: We have an activity tomorrow night which is designed to create awareness for this problem and we are the City... Mr. Plummer: What are you asking of the City? Mr. Wilsons ...to help us waive the fees that are involved with this act... Mr. Plummer: We can't the fees. That's why I'm asking, air. l Mr. Wilson: We also would like to respectfully request that possibly the consideration for the City of purchase, we are selling candles that that's how .we are raising the funds, for one dollar a piece. The fees we are 'looking for x are $2,070 and we would ask the City to consider purchasing a candle for the City employees for this event. Mr. Plummer: Mr. Manager, if I understand correctly, what is the total amount of expenses? ' try; Mr. Wilsons Two thousand seventy dollars. S Mr. Odios Two thousand and seventy dollars. k� ; Mr. Plummer: So then, what I'm understanding is, they're asking' of the►- city , is to give therm a grant of motley of $2,070. Is that correct? Y` Mr. Qd io: Yes. k, CAM° tir. Wilaom: Yes• so E Mr. Plummets I'm just... Dr. Alonso: Why can't the trust not resolve the problem? Mr. Plummer: Because we don't have the money. Dr. Alonso: No? Mr. Plummer: No. Mr. Ira Katz: I'll be glad to clarify that, Commissioner Alonso. You passed a very strict ordinance, this Commission did, saying that Bayfront Park Trust - can only give 30 days out for free calendar year. We've already reached that amount and as a result, any request beyond the 30 days must come through the City Commission. `# Mr. Plummer: And besides that, the only thing they're empowered to do is to waive the rental. _ Mayor Suarez: I think the best suggestion on this, maybe, as we did last week on another item, and I'm not saying we could do this forever, but I can tell you, as to ourselves, we will commit to $500 from discretionary fund or other sources and maybe we can get some other commitments. I'm not sure this is the right place to do it, but - because we can't constantly keep putting the Commissioners on the spot, it's unfair. But it is my item, so you've got my commitment and, hopefully, you can get the rest of the money. Dr. Alonso: Yes, may I make a comment? I think that an organization like this, when we are talking abused and neglected children, I think we really... — ill b i f d I personally feel that I have an obligation and I w e n aver an inclined to vote yes in an organization like this. If... I would be willing ' to, I think Commissioner Dawkins moves to approves and I second the motion. Mayor Suarez: And all of us and you keep in mind that if passes that this may { be just about the last Commission meeting that this will be legal, if I remember correctly, in terms of the money that we tried to set aside because as worthy as it is, we just can't fund a lot of things. Commissioner Plummer: Mr. Mayor, I'd rather do it the other way, I'll be glad from my contingency fund to give $400 if the rest will. Vice Mayor Dawkins: We'd say yes. — Mayor Suarez: OK, we are doing it from the Discretionary Fund then? Vice Mayor Dawkins: Um hm. Commissioner Plummer: Then it's not from City money. Vice Mayor. Dawkins: Yes, Discretionary Fund. Commissioner Plummer: That's fine. f; Vice Mayor Dawkins: But I also would like to know if it is possible to waive the rent and charge it against one of the days for next year since we are. almost at the end of... r t Mayor Suarez: Yes, I'd like to entertain that in the form of a motion. Mould �< you leave your motion as stating that? x Vice Mayor Dawkins: Yes, I will. Mayor Suarez: So it's a waiver of the rent. aTy A motion to say that I will give move frog my Vice Mayor Dawkins; y �►. # Discretionary Fund to make it up and I also would like to waive the rent as :" a one of the free days... r� c r Mayor Suarers For the next fiscal year, 0.0 for the next fiscal year. � 1 � Mayor Suarez: go moved, 2' it second. Commissioner Plummers That's one of the 30 days from the next year's allocation? Vice Mayor Dawkins Right. Commissioner Plummer: Hey, that's fine with me, I mean, $400 from each one of us is nothing. I just, I'd hate to... Mayor Suarez: How much does the waiver of the rent reduce the total? Mr. Katz: $500. Commissioner Plummer: $100 each. Mayor Suarez: OK. Why don't you go ahead and go for the, vote on it so we can get out of here. Commissioner Plummer: Hey, I'll do whatever you all want. I just... fine, call the roll. Mayor Suarez: Call the roll.. Unidentified Speaker: I'd like to say, Commissioner Plummer, as a resident of Coconut Grove and for those sitting here and the other Commissioners, that the Crisis Nursery is in the City of Miami. It is located 3201 SW 29 Street and we do serve abused, abandoned babies and cocaine babies. Commissioner Plummer: My dear, nobody is not here stating that you don't do a _ fine job, but yours is one of literally hundreds of fine organizations that come here every year and that's our problem. - Vice Mayor Dawkins: Call the roll, Madam Clerk. The following motion was introduced by Commissioner Dawkins, who moved its adoption: = MOTION NO. 89-1156 A MOTION GRANTING REQUEST RECEIVED FROM A. REPRESENTATIVE OF THE "KIDS IN CRISIS" TO WAIVE_RENTAL - FEE FOR USE OF BAYFRONT PARK AMPHITHEATER= FURTHER DIRECTING THE MANAGER TO ALLOCATE ONE OF THE 30 DAYS tea' EARMARKED FOR CITY USE OF BAYFRONT PARK NEXT CALENDAR YEAR IN CONNECTION WITH EVENT TO BE HELD ON DECEMBER - is, 1989. S'= Y . — Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: g r A' AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. - Commissioner Miriam Alonso — Vice Mayor Miller J. Dawkins # -_ Mayor Xavier L. Suarez NOES: None. ABSENT: None, Mr. Plummer: Mr. Manager, if, you'll write a memo please, so tshat w0 kA�v. xhst to take from our contingency funds.�x�p� 44 NOTE FOR THE RECORD; At this point the City QonnissioA bog a discuseioA on agendas item P, but Mayor Susrs¢ intorrupts the diac440ton in � � order to recogA Le Representative Morse, who was present on sn item:,; fS y --_— --__---_-----------------------------.._...�. 12. IDENTIFY HENDERSON PARK (BAST LITTLE HAVANA) AS ONE OF TWO SITES FOR ESTABLISHMENT OF TWO PUBLIC HEALTH CLINICS IN THE CITY THROUGH JOINT VENTURE WITH STATE OF FLORIDA - COMMIT TO IDENTIFY THREE PROPOSED SITES IN OVERTOWN FROM WHICH TO SELECT ONE FOR A PUBLIC HEALTH CLINIC. — ----- ,r-----------------------r--------------------------------------.---------ate Vice Mayor Dawkins: Move item 9. Mr. Joe McManus: Mr. Mayor, members of the City Commission, item 9 is a discussion item. On November 30th, the Commission passed an ordinance amending the City Code, Chapter... Mayor Suarez: I'm sorry to interrupt you, Joe, besides... Commissioner Plummer: What happened to 8? Commissioner Alonso: That's what I was just asking... Commissioner Plummer: George, keeps hoping it'll go away. Mayor Suarez: I meant also, George, before you go, to recognize a Representative who did have something to address, because he has been waiting for about an hour, and Representative Morse, would you tell us about the status of the health clinics and where we are. Vice Mayor Dawkins: I didn't know he was waiting to be heard! Mayor Suarez: If we go up to Tallahassee and they don't treat us equally well then we're in trouble, because they've got a lot more budget than we do. Representative Luis Morse: Thank you Mr. Mayor and Commissioners, as you remember some time ago, about a year ago, I came before you and asked.you to consider going into partnership with the State so we could have a public health clinic in Overtown and other one in Little Havana. At that time I committed to you that if you were to pass a resolution and provide the lands so that the State could build these public health clinics, that I would try to get the funding to build those public health clinics in both those places and to run it. You did pass a resolution, I did go to the Legislature and we did get approval for the funding for the preliminary stage, which was the planning money, $400,000. Now, we are in the stage that we need the City to identify, to zone and to lease the parcels of land to the County so that in the next session I can go back and request the funding for the building, for the brick and mortar money. Unless we continue the process and the lands are=' identified, leased, zoned, etc., and the HRS spends the money in planning the buildings, I will not be able to go out there and get the money to build them, to build these public health clinics. Commissioner Plummer: Where's the location? Commissioner Alonso: I have discussed with Mr. Ruder about the location and I x think in Little Havana, we have no problems and I think it has been identified` and then Overtown is the one that is in question, what will be the right" location and of course, Representative Jefferson Reeves is more involved with Representative Luis Morse about the location, but we have to find a solution - for that, but we should really move ahead with the one in Little Havana z immediately if possible.' Commissioner Plummer: Where is the location? Representative Morse: In the Little Havana area, the location that the City is offering right now to HRS and that has been accepted by. HRS is Henderson Park. ' Commissioner Plummer: The entire Park? F{ Representative Morse: A section of Henderson Park. Vice Mayor Dawkins: Which park? � �E y '.R S�i� SIR •y� y _ commissioner Pium6r: Henderson. Contnissioner Alonso: Across from the Victoria Hospital. Commissioner Plummer: Are you talking about the East part that is not part of the tennis courts? Mr. Odio: Yes, it is across from Victoria Hospital. Commissioner Plummer: But it is just the easterly portion. It doesn't interfere with the tennis operation? Mr. Odio: No, no, the tennis court will not be touched. Commissioner Plummer: OK, fine. Mr. Alberto Ruder: I think it is the westerly... Mr. Odio: I do think it is an excellent site for what they are trying to do. Mayor Suarez: Give me the site again? I'm sorry, Al. Mr. Ruder: It's Henderson Park, which is across from Victoria Hospital. Mayor Suarez: And what's the problem in the Overtown area? Commissioner Plummer: They haven't found a site. Mr. Ruder: I'm only dealing with the one in East Little Havana. I'm not sure what site they've identified in Overtown. Representative Morse: Well, the trouble is, it is something you know, I am'` getting answers, you know, some people are involved, some people are not involved, etc. We need to have some direction and some positive, and... get something done, or the Legislative time is going to come in and the Legislature is going to ask and say, "Well, did you spend your $400,000 to do the architectural drawings and everything," and if I haven't... Vice Mayor Dawkins: I will get you three sites by the 31st in Overtown and we ' wily... Mayor Suarez: OK, Commissioner will identify and work with the Parks. Department and get back with you. Vice Mayor Dawkins: And then we will decide which of the three to go in. OK,„ I'll take it upon myself to get three sites. Representative Morse: Well, Commissioner Dawkins, one thing I should recommend is that you please be in contact with Representative Reeves, because " he is... i Vice Mayor Dawkins: He has been here, he has been here to see me, that's why z I say we... and I will spend next week with him, you know, identifying the, `' — three sites. Representative Morse: That's fine, sir. Mayor Suarez: And don't be thinking that Y B you are give to et the worst y g 8 possible sites, I get the impression that we have not found choicesites in* _ the past on this item. OK, I think I reflect the thinking of the Commission. 5 Commissioner Aloaao: Now, let me clarify point. Since we have time one more :- 4= location for the one in Little Havana, can we proceed with that?Tli tr IX Representative Morse: I think as long as... by the time that the: xegislaturek comes along and we do have already things going in both parts, because when this was proposed, I was adamant that it should be an " two socti,bns,, Overtowa, Little Havana and that we would not be showing any €4vAri3Mm t�t:oAe section over another, but I'see no problems proceeding with one an lip - other ones will catch up. , Y M1 to hp 3 54 F — .i i _ t ski PoJ tL#. Commissioner Alonso: Exactly, because I don't see any problem that the one in Overtown, we will be able to find a location in the next three weeks and then we can proceed with that one as well, but such an important project 1 don't think should be delayed at all. Mr. Ruder: Right, the one in East Little Havana will have our lease manager work up a lease subject to all the zoning and whatever other approvals need to take place. Commissioner Plummer: Let me ask a question, Luis, of you. Mr. Manager, my concern, this would be an outreach arm of Jackson Hospital, correct? Representative Morse: No sir, it is the Public Health Department. Commissioner Plummer: OK, do we have any assurances that this is going to be funded by who? Representative Morse: State funds through Dade County. Commissioner Plummer: OK, but in other words, you are not going to look to us for funds? Representative Morse: No, sir. Commissioner Plummer: OK, that's all I wanted on the record. Representative Morse: Thank you Mr. Mayor and Commissioners. Mayor Suarez: We have a motion and a second. Do we, Madam City Clerk, a motion and a second? Commissioner Plummer: Second. Commissioner Alonso: Oh! Mayor Suarez: Moved and seconded, any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: X` MOTION NO. 89-1157 A MOTION OF THE CITY COMMISSION IDENTIFYING HENDERSON PARK (IN EAST LITTLE HAVANA) AS ONE OF TWO SITES FOR THE ESTABLISHMENT OF TWO PUBLIC HEALTH CLINICS WITHIN_ THE CITY THROUGH A JOINT VENTURE WITH THE STATE OF FLORIDA; THE CITY COMMISSION FURTHER COMMITTING ITSELF TO IDENTIFY THREE PROPOSED SITES IN OVERTOWN BEFORE THE END OF THIS CALENDAR YEAR FROM WHICH TO SELECT ONE SITE FOR THE LOCATION OF THE PUBLIC HEALTH CLINIC IN OVERTOWN. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: ?x_ r AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES t None. `* ADSENT: None. Mayor Suarez: Repre5entativ4, one last question, Last year i reglaember ;ba r`' the Govorpor in his budget included a rather large, f igur'o. Does that #figure sort of remain in limbo an... Representative Morts4s N9. OK, the Governor's r000mmpadsd bud got to us► r I think it was ten or fourteen million dollars total for *bi ii, health clinics at the beginning. At the very end, the only project, public health in nature that survived veto and everything was our project, but it wag only for what we were able to put in was the planning money. Mayor Suarez: That's the appropriations. Representative Morse: That's the appropriated, $400,000 to do the architectural fees, planning fees, you know, all the monies that need to be spent before you do the brick and mortar. Mayor Suarez: Was there some approval in principle at least as to the total global figure for the future by the Legislature or not? It was just in the Governor's budget? Representative Morse: No, we're working at both right now HRS has already working out estimated costs to be submitted to the agency and then we will also have it through the appropriations process, we will be reviewing it and hopefully approving it. Mayor Suarez: Beautiful! All right, thank you, Representative. ----------------------------------------------------------------------------- _ 13. (A) BRIEF COMMENTS CONCERNING ENORMOUS SUCCESS OF UNITED WAY CAMPAIGN. (B) DISCUSS AND DEFER CONSIDERATION OF VARIOUS ISSUES CONCERNING THE SPORTS AND EXHIBITION AUTHORITY TO THE MEETING OF JANUARY 11, 1990. -------------------------------------------------------------- Mayor Suarez: Item 8, George. Mr. George Knox: Good afternoon, Mr. Mayor and members of the Commission. Before I get into the meat of the subject, I would be derelict if I didn't —_ mention a brief post mortem on the United Way campaign. I am pleased' and proud to have been the chairman of the group of public employees that raised proportionately more money in the United Way campaign than their counterparts in the private sector and I think that's very significant. And the second thing that's most significant about which we can all be proud is that the City of Miami raised $130,000 and that was 30 percent above what was raised in the City last year and that far and away lead in terms of the percentage of gain by any employment group throughout Dade County and I just wanted to be on record as having recognized as a significant accomplishment by the City of Miami and its staff and employees. Now, I come to you as chairman of the Miami Sports and Exhibition Authority pursuant to your invitation to give you an update on three items that came up at the last meeting. The first was related to the question of the selection process for a deputy executive director of the Miami Sports and Exhibition Authority. I can advise you that the authority met last Monday in special session and as to that item, specifically directed the executive director to initiate a process that will' — lead to the selection of a deputy pursuant to our policy and I am advised that —' that can be accomplished in less than 90 days and I believe that the process that would... Mr. Dawkins: Why is it less than 90 days, when I have been asking the f. director to do it 18 months? Mr. Knox: The director is present and I'm certain that he'll be eery happy to y answer your question if you want an answer at this time, Mr. Commissioner.a Mr. Dawkins= I will hear from him after we get through hearing from you;"T 1[ou go right ahead, air. M Mr. Knox: All right. The second item was related to the... - — Mr. Plummer: Well, are we going to go into this individually as to the.., - into the problems? Or do you want to let him make his full... 3 Yob Mr. Dawkins: Lot him make his full speech and sit down. Mr. Plummer: OK, that's fine with me. i 4 1jS 5 e �Ri• t j#� � ,�i . Fix ��-"�. s=ti•. �?--�, i'+.h'i:�i: �' S�F• Mayor Suarez: I'm not even sure procedurally how the item got on the agenda. I think it was a request from the Commission or... Mr. Plummer: I requested it. Mayor Suarez: I think it was Commissioner Plummer, so... you know, the agenda Is pretty much what the Commission decides, but go ahead, complete your presentation, George. Mr. Knox: All right now, the second item about which Commissioner Plummer and the Commission concurred related to the question of the professional relationship between the City Manager and the executive director. We have concluded that it is probably most appropriate on that item to comprehensively study it by receiving input from the members of the Commission and the staff. I can only indicate to you at this time that there was a sentiment expressed by the board of the Sports Authority to look at this question again. Of course, we will defer as always to whatever policy determination you make. The third item was related to assertions by the chairman of the Miami Sports and Exhibition Authority and the Authority about its concern that the excess convention development revenue proceeds would be denied the Sports Authority and we would be unable to carry out our operational activities. As we've indicated on the record, we are confident and hopeful that there would be no official action taken by the County Commission that would result in our not being able to carry out our process and our programs. At the same time, we have directed the general counsel and the executive director to study the impact of the loss of the excess convention development tax revenues as it would impact our day-to-day operations and specifically our efforts to obtain a major league baseball franchise and facility. If there are any questions, I'll be glad to defer them to the executive director. Mr. Plummer: There was one other item, Mr. Knox, that I thought I brought up and that was the amount of money that is being allocated to study baseball. Am I correct that that amount is around $200,000? Mr. Knox: No sir. We did appropriate approximately $200,000 to pursue a major league baseball franchise and facility. Included in that was the study for which we selected a joint venture consisting of Spillis-Candela and HNT'V, who are national sports facility developers, but that contract amount is around $40,000, I believe, and not $200,000. Mr. Plummer: And what do you hope to accomplish with that $200,000 that _ you've allocated? Mr. Knox: Well, I'll let Mr. Blaisdell answer, because he tells me that the contract is between one twenty and one fifty and it contains three phases. Number one is a site study. Number two is the development of economic and - financing scenarios and the third is a preliminary design for a ballpark. Mr. Plummer: Preliminary design for a ballpark? Mr. Knox: Yes, sir. Mr. Plummer: So in other words, we don't have the first leg up and the people of this community voted in a referendum not to tax themselves and you are �x going to proceed with the preliminary design for a baseball stadium. Is t= - that...? z Mr. Knox: Well, yes sir, because for two reasons. Number one, there are —_ resources in the state of Florida that might be available to. us. Number tiro, we would probably have a scenario by which there will be an investment by -the team of... the ownership teem for the franchise, and number three, because the _ County has a local option to impose a so-called extra penny on the transient tax, which would leverage up to the cost of the new facility and ;the taxpayers of the City of Miami or of Dade County would not participate in the, funding of a new facility. '. Mr. Plummer: But yet you know the referendum said no. Mr. Knox: Yes, sir. .. Mx, Pluaamer; And you are spending $200,000 to pursue baseball. � 57 � i+ ^A d Mr. Knox: To pursue a $60,000,000 facility that would encourage the award of a franchise and bring $30,000,000 annually to the community. Mr. Plummer: Which you hope might be awarded. Mr. Knox: Yes, sir. Mayor Suarexs Is there any portion, if I may just follow the same line of inquiry of Commissioner Plummer. Is there portion of, or any moment at which any one of those phases makes sense to hold off until we have gotten that far, just in case, as I think the Commissioner is anticipating, we get clear indications somewhere along the line that in fact, some site will be selected or in fact, there won't be an expansion or whatever. In other words, can we sort of... Mr. Plummer: Or the private sector who supposedly has the bundle of cash is already locked arms with Joe Robbie. That was on TV. Mr. Knox: All right, and that is the precise point at which we are trying to address and I think I can answer both questions. Major league baseball has made it absolutely clear that they would not consider the grant of a franchise to a community that did not show that it was actively pursuing the development of a facility that would meet the league's specifications. The question is, whether or not the existing facility that's being talked about meets the league's specifications. It does not! On the record, it does nott It is therefore, I believe... Mayor Suarez: Which is that, which is that? Let's be specific. Mr. Knox: Which is Joe Robbie Stadium. Mayor Suarez: OK, and you might tell the Commission... Mr. Plummer: I don't disagree with that. Mayor Suarez: And J.L., you might tell the Commission, because I think you had a very enlightening conversation with the president of the National League, what is it that they from his perspective are envisioning as the ideal baseball stadium? What does it look like? Mr. Knox: The Commissioner's office envisions a facility containing no more than 45,000 seats, ideally between 35,000 and 40,000; accessible to mass transit and to walk-in business; all grass, baseball only. And the whole idea Mr. Plummer: Plus, plus 15,000 minimum parking spaces. Mr. Knox: Well, and that depends on the rapid transit, but that's a fair statement... Mayor Suarez: What did he call that? I remember you made a statement. I sf thought that was... g you characterized it as a ballpark.. Mr. Knox: As a ballpark. '$ Mayor Suarez: The traditional ballpark and perhaps Fenway Park or something like that was what he had in mind. Mr. Knox: And all of the design, the state of the art design right now, for r the stadium, for the ballpark that's being constructed in Baltimore. apd Chicago are very, very traditional urban. The Baltimore facility is on the+ Y waterfront, its facade is related to warehouses and waterfront enviroment and , the new ballpark in Chicago is an almost exact replica of they existing t Comensky Park and the focus of major league baseball at this point 'is to {,. return to all of the tradition that baseball enjoyed from its beginning sad on: that basis I can assure you that there: would be 4ignificant poiuta; ��inA�; this community if the only alternative as a location for baseball �►'Ai +: fi Robbie Stadium. r, Mr. Plummer; Didn't you spend $60#000 to do �' P referendum wan turned down4 S$ Mr. Knox: I'm advised that it was $15,000. Mr. Plummer: It was how much? Mr. Knoxi Fifteen. Mr. Plummer: No. It was a hell of a lot more than that. This Commission put up fifty. You put up fifty. Tell me what was the total amount. Mr. De Yurre: That was to promote the bond issue, not the study. Mr. Plummer: I understand that, but the bond issue about baseball. was spent? Mr. Knox: We'll accept $50,000 as a... Mr. Plummer: No, no. What was the total amount that was spent? Mr. John Blaisdell: Fifteen plus fifty. Mr. Knox: Sixty-five. Mr. Blaisdell: Sixty-five, fifteen... Mr. Plummer: No, it's more. Mr. Blaisdell: Fifteen for the study... Mr. Plummer: From the private sector, the total amount that was spent. Mr. Blaisdell: $150,000. Mr. Plummer: That's exactly right. Now you are going to spend another $200,000. We get back to the same point, that Authority has too damn much money. You know, instead of taking money to reduce the bonds and pay it off, did we not have a situation with an ice rink? Did you not propose that you were going to buy an ice rink just in case we ever got hockey? Mr. Knox: Yes sir, and we can... Mr. Plummer: For $750,000. Mr. Knox: Yes, air. Mr. Plummer: Instead of renting one for seventy-five for two exhibition games. I'm asking a question. It's a simple yes or no answer. Mr. Knox: Well, the answer is yes. Mr. Plummer: I mean, you know...! " Mr. Knox: All we are taking about at this point, Mr. Plummer is that your points are well taken about the investments that must be made. All' I am urging you is to look beyond tomorrow and all I'm saying to you is... A; Mr. Plummer: George, I've looked beyond tomorrow and I am fully cognizant of u what the people of this community has said. Mr. Abel Holtz, you say you have k' $100,000,000. You want to build your stadium? God Bless You. Put it f together, but we the people of the City of Miami in a referendum turned'dowil }, any obligation to baseball. Lot the private sector do it but'don't.spind x $2000000 of my money to put out a feasibility study when the people In this community have already spoke to it. Don't spend $750,000 to buy an ice rink when you've only got two exhibition games and you can rent it for $75,000. I mean, Where is two and two make four? Mr. Know: When you are awarded a franchise to the extent that you wore r awarded A basketball franchise and all I am asking you is to recognise cert+lin; things are inevitable because of where we are. It is inevitable that thi.e* � community will get. is major league baseball franchise,. If MA,W40a4 t9,.99 tIR the border line PC the County, that'* a decision that you can r+441y help '9, 4 make, bocause It it comes and we don't have an alternative, that.':' s eKe ii � t z 2 A*% will go if we get a franchise in the first wave. I can tell you with absolutely heart felt conviction that if we don't have a plan and a program for a brand new ballpark according to the league's specifications, this whole community could lose a franchise or the City of Miami could lose a revenue base that generates $30,000,000 a year. Mr. Plummer: The only one that has such a proposal is the private sector. The County does have such a proposal to be in competition and let me tell you something, I'm parochial to this extent, I'd love to have it in the City of Miami... Mayor Suarez: J. L., fortunately... Mr. Plummer: but I also would have not have one bit of problem if it was in South Florida, bade County. Mayor Suarez: J. L., fortunately the County would argue that this is also their plan, that these funds are derived from a tax that they control ultimately and I don't know how we got ourselves into that, but that's the way the legislation reads and that they are in fact... in fact, I once heard my... well, I won't get into that. As opposed to, and by way of comparison to basketball, do you have any estimates of what it took to promote from the Sports and Exhibition Authority's standpoint, the obtaining of a major league, of an NBA franchise? Mr. Blaisdell: Initially the Authority approved a $1,500,000 predevelopment agreement and then upped that up to $2,500,000 and that was in the process of not only going through the arena process, but also... Mayor Suarez: That included some design and some of that, no? Mr. Blaisdell: Absolutely. ® Mayor Suarez: Yes. Mr. Blaisdell: And what the attempt here is to try to minimize that. Mr. Odio: We did not spend one dollar to bring the NBA franchise to Miami. Mayor Suarez: - Well, .to build the arena without which you couldn't get the - franchise. And that's what we're talking about here, build the facility, or " fix a facility that we already have. Mr. Plummer: Well, you know, let's get to the others. Mr. Knox, you made a comment that said that there had been discussion about the possibility of who the executive director would be reporting to. Mr. Knox: Yes, sir. Mr. Plummer: There was no inference given that they don't like the City Manager looking over their shoulder? Mr. Knox:- Oh no, we don't mind the City Manager looking over -our shoulder at all. Mr. Plummer: Then why are you trying to replace the City Manager of who you report to? z, Mr. Knoxs Well, we're really not trying to replace the City Manager either. � But the point is, that there was a situation that called into question the !. relationship and we just asked to revisit it, because you mayrecall that. it -E came about,.. Mr. Plummer: Aid this Commission ask you to revisit that? Mr. Knox: Well, no, sir. "a Mr. Rlummer: Since it's your policy? h Mx. Knox: Well, it's your policy, but we hsVO to ape,rata capsigteut ,x t y ., policy And we had gn operational glitch that we ���.. a _ � � �, � s-. ., - ` errs ' •-.,s `�'�'�y.; Mayor Suarezt That's all right. It's not improper for the Authority to suggest a more direct relationship with the Commission that: through the Manager, if that's what they propose. Mr. Knox: And we really don't have any preference, we just want our executive director to understand the chain of command. Mr. Plummer: What you're saying is he doesn't. Mr. Knox: Well, I'm saying that there was a circumstance where there was a misunderstanding, but I'm certainly... Mr. Plummer: Was that in reference to who the financial advisor was? Mr. Knox: No, sir. That was in reference to our concern about what was going to happen with the convention development revenues. Mr. Plummer: And what happens with the deputy director? Mr. Knox: Well, the deputy director... Mr. Plummer: Where is the criteria? Mr. Knox: These are either in the head, or the specifications of the executive director, since he's the one who hires the deputy. Mayor Suarez: And that's a... Mr. Plummer: He hires the deputy, not the Manager. Mr. Knox: No, sir. Mayor Suarez: And J. L., not... Mr. Plummer: Whoa, excuse me, Mr. Mayor. Mayor Suarez: Well, we'll get back with you, but he is talking about two issues. We can get back to the issue of the executive director and the assistant director, but you also brought out or elicited from him discussion — of the funding and how the funds of the Sports and Exhibition Authority would`' " be used. There was a moment at which Miami, perhaps with, or perhaps -not without our explicit consent, competed very eagerly and let me say, successfully and I'll give credit to the Manager on that for a performing arts site and in the process committed funds that I had understood and I think some of the rest of this Commission understood, we had basically been thinking of using for either an exhibit facility, additional exhibit facility, a seed ; money, in fact, we had discussed using it for that purpose or for major league baseball or other purposes. I think it is entirely proper for this Commission, in connection with those kinds of spending issues, and I think the Manager took the lead on that and I think you did well, since he is under the _ Manager, he has to go along with that. If indeed this Commission believes' that as to all of the funds that are obtained to the bed: tax or_actually.in this particular case,.I guess is the development tax, the resort development tax, or a penny of it, that we... sa Mr. Plummer: It's the additional penny. No, no, a third of the penny. Mayor Suarez: One penny out of three pennies, not a third of a penny. Mr. Plummer: No, nol It's one-third of one. Two-thirds go to the beach. k ", Mayor Suarez: One penny out of three. In any event, as to the portion that we get, which is... ttp s �1� Mr. Plummer: One penny total? Dr. Alonso: Uh huh. �'+> Mr. Plummaert I stand corrected. a`a3 f Mayor Suarez; If the amount I think has been generated alread In factlitl�te r B 9 is $50,000,000, roughly in three different fscilitlost as to any over* .9vetc, '4 ' that, we would like to directly deal with an executive director of an authority like other authorities that we have and the way this one before functioned, that is a valid policy question. They are bringing that up because it does cause confusion. The Manager, I know was confused at the time. I know I was confused when the read in the paper that we were committingi through his presentation in the trust, these funds that conceivably would be used for an exhibit facility for sports to a performing arts center and really, I think that maybe this Commission ought to reconsider what we had before, a relationship where we controlled the Authority. That's one issue. Now the other issue you may explore, I mean, maybe that we have personnel things here too, and I don't... _ Mr. Odio: Let me.. I need to clarify something. I have not committed any funds. I gave my presentation to the County when it was being decided, whether it should be in downtown Miami or in Miami Beach. I said clearly on the record that any funding mechanism would have to be approved by the City Commission. I did not argue with him whether they should take the development tax or not and in fact... Mayor Suarez: It was envisioned in that presentation and by the way, the Downtown Development Authority did exactly the same thing and its executive director and I'm the chairman of that, so I am not placing any blame on anybody, but it was talked in terms of the entire three pennies and that included our penny... Mr. Odio: I have asked... Mayor Suarez: ... any overage of what is already committed. Mr. Odio: In fact, I still understand, unless I am corrected again by the Law Department, that we really don't control the development tax. That is controlled by the County... Mayor Suarez: We don't ultimately control it. Mr. Plummer: Yes, but here is the point you better understand in the related. The County is fully expecting, in their proposal made at the performing arts that there was K number of dollars that was coming from the Sports Authority as part of their funding for the performing arts center, so let's don't get crossed. Yes, the City Manager did not commit any City funds, but the County; in putting the mathematical equation together is expecting to take all excess funds of that Authority... Mr. Odio: From the Beach and... Mr. Plummer: As well ... `- Mr. Odio: ... the ... Mr. Plummer: OK... Mayor Suarez: Right, and we don't want to get into.a situation where,ve•-get blind -sighted, as apparently happened to.other jurisdictions that thought they had absolute control of their two cents. Mr. Plummer: But Mr. Mayor, the problem is, when we approve in principle the - performing arts as recommended by the County, fully understand that part of - that equation is the monies coming from the arena, OK? So I want you to understand that. Mayor Suarez: Well, not the monies coming from the arena, the monies coming r from... yes, the excess funds of the resort development tax. - Mr. Plummer: OK. Mayor Suarez: Not already earmarked and pledged. Mr. Plummer: Mr. City Attorney. a- Mr. Fernandezi Yee, air, yt P� 62 i 0400boi! 1,4# i i Mr. Plumper: Am I correct in stating that the ordinance relating to the Sports Authority states very clearly that the City Manager is the CEO or his designee? Mr. Fernandez: You are so correct and in fact, it reads this way. The City Manager or his designee shall be the director of the Authority, so you are correct in making that interpretation. Mr. Blaisdell, in fact, reports to Mr. Odio, Mr. Plummer: All right now, then why does not the executive director report, or the Manager, my Manager, the man that I look to, I don't look to Mr. Blaisdell, I don't look to Mr. Knox. Why isn't my Manager involved in the process of the selection of the deputy director? Mr. Knox: Because Mr. Korge advised... Mr. Plummer: Excuse me. Excuse me, I don't care what Mr. Korge says. He works for you. Mr. Odio: Mr. Plummer, this might be the... Mayor Suarez: He wants a legal opinion. Mr. Plummer: That's what I'm asking. Mayor Suarez: That's what he wants, sir. Mr. Fernandez: Well, to the extent that the City Manager delegates the authority to Mr. Blaisdell, Mr. Blaisdell can do it. And also, the ordinance itself reads that it is up to the... let me read to you 52.66... "Subject to the policy directives of the Authority." In other words, the Authority is the th t sets the olicies "The director shall em to such assistance one a p p y , including engineering and professional assistance and experts...." and in that we would determine that the deputy would be included, so it is the director's _= prerogative and Mr. Blaisdell is the director. Mayor Suarez: And he really is kind of responding to two masters as you hear it. He's got to respond... Mr. Plummer: I understand that. - Mayor Suarez: Yes, and that was one reason for possibly restructuring it. Mr. Plummer: No, no, I don't look at the fact that he reports to two masters, OK? Mr. Blaisdell sits in that chair as the designee of the City Manager. Tomorrow morning the City Manager can either put himself in that chair or appoint another designee. _ Mayor Suarez: But while he is in that chair, you heard that his policy directors are from the Authority board members. Mr. Plummer: But, am I wrong in saying that the City Manager tomorrow, today, can put himself in that chair, or put another designee in. ;f Mr. Fernandez: No, you are not wrong. You are very correct. i J Mr. Plummer: OK, that's what I am trying to say, and it bothers me that you are saying to me, Mr. Knox, that this man is going to make that decision and '' x not report to the City Manager. Mayor Suarez: OK, the Manager wants to address that issue. Mr. Odio: Honestly, the relationships are kind of... I assigned 8laiedoll tfz fl there on a day to day basis, because obviously I wouldn't have time to run the ° Authority, and therefore I, whatever he does, he to doing with spy Consent .44 the other hand, he has a board he has to report to and the bollard might r, him instructions that might not agree with me and that's the problem that I see and that's a relationship that has to be worked out. 11ther I have to attend overy Authority meeting and that' Siva me the. ingtaarudtions, 01thor 1 do it or don't do it, or come back to you. In other words,.. Xr• .:De Turret: How, does it Work with the DDA4 .9oar a Playbox - y Y �At-- Mr. Plummer: No, they have their own taxing fund. Mr. Odios The DDA executive director reports to the board directly. Mr. be Yurre: OK, what other authorities do we have? Mr. Plummer: The Off -Street Parking, our board. Mr. Odios And the Off -Street Parking. Mayor Suarez: The Off -Street Parking. That's a tricky one, because that's a creature of a very special State law and a Charter provision, but that one has no answerability at all to the Manager, that's a good question, none whatsoever. In fact, even to the Commission it has very tenuous... yes. Mr. De Yurre: Because my concern is, and I've spoken to Cesar about this, he's told me, and correct me if I'm wrong, that you don't have the time to really be involved in the Sports Authority. And I personally feel that we're bypassing getting information when if he doesn't have the time and yet he is part of the chain of command, by the time that the Sports Authority goes to Blaisdell and gives him some instruction and he decides to do it or not do it, and he goes to Odio, then when does it come to us? - because I've never seen really, Mr. Odio come before us and explain anything. Mr. Plummer: No different than a department head. Mr. De Yurre: Let me give you an example of... the deputy director is a classical example. I disagree with the position of deputy director. Mayor Suarez: Have you tried to... Mr. Odio: And yet the board wanted a deputy director and I gave in since they are volunteers and they are doing that... Mayor Suarez: You deferred to their judgment then. Mr. Odio: I deferred to their judgment that they needed a deputy, but so it has to be a question of common sense sometimes that I... Mayor Suarez: But J.L., you just said it is just like any other department head. Actually, it isn't and that's what is creating confusion, because it is a hybrid situation. We made a correction, I remember when we did it, because for a variety of reasons we felt maybe the... actually it was probably a cost savings measure too, I think we thought that your staff was beginning to grow a little too much and we thought that maybe having... Mr. Plummer: Mr. Mayor, there was another involvement, OK? Mayor Suarez: There were other reasons. Mr. Plummer: There was another involvement. Let me tell you what that``; involvement is and I'll tell you what concerns me to no and. We do not have`'a $50,000,000 obligation with the DDA. We do not have any obligation.with the r= Off -Street Parking Authority, that's strictly from their bonds. We have a $50,000,000 obligation if something happens in that Sports Authority that this _ City is got to pick up and that was the concern that we made, the City Manager, who is our designate, who we control, or who we hire and fire to look:' i over that matter and to report to this Commission direct. That's the reason; why we made the City Manager the CEO (chief executive officer) of that Sports.' Authority. I am very concerned when the chairman makes a statement to me that the decision as to the deputy director is solely up to the designee of ,the rR City Manager and does not report it back to the City Manager. As we all have heard, and rumors are a vicious thing around City Hall, that that plot waa s f chosen before the money was allocated. I don't want to hear that and if I my Manager there who is the official CEO, I feel comfortable that t'sm to be on the up and up. Mayor Suarez: He's not ready the official CEO, he's appoints tha► CHO. Mr. Plummer: The ordinance states, the City Manager or his 0sgnss, bat, ;i¢M makes it the City Manager. He can sit its that chair it he so deairea �r 64 kJ designee, whoever he appoints. I want to remind this Commission that the budget of the Sports Authority this year was the highest increase in any budget in Dade County of 41 percent. Mayor Suarez: Let me also throw into the record as to the debt of the Authority and of course, it would take a review of all the bonds that they have' issued, but I just went through a campaign where I had to face my opponent quoting certain things that came out of this Commission that were erroneous on our debt, and I want to make sure we don't do that again. The Authority has issued a total of roughly $50,000,000 in bonds. I think was my figure and you just quoted it. We are not secondarily liable on a lot of that. We are not liable at all and a lot of it as the City. I think the $38,000,000 first issue we are not liable on and I forget, I think as to the Coconut Grove Exhibition Center, we may not be either. I know as to the James L. Knight, we are. One of the two we are. Mr. Blaisdell: You were released. The City has no... Mr. Plummer: We were released from that, from the ten. Mayor Suarez: All right, so we are not liable as to any of it, so please, on the record, we don't have any greater liability to the City resulting from the operations of the Sports and Exhibition Authority than we do from the operations of the Off -Street Parking Authority, I don't believe, and in some cases we may have more from the Off -Street Parking. But anyhow, as to the operating, you are right, that is a huge increase and it is a policy decision for this Commission to make, whether he responds to the Manager or whether he responds directly to us, because in either case, we have to approve their budget. Mr. Plummer: That's correct. Mayor Suarez: Now, how much of your budget did we already approve as to the $200,000? - so we can get out of this issue, at least. Mr. Blaisdell: Mr. Mayor, I think it's important that the issue where the $250,000 came up from, was a question, I think originally it came from you, which was we're trying to solve this concept of baseball and how can we... Mayor Suarez: John, I had a pretty simple question. In your budget for the current fiscal year, have we -approved... this Commission approved already. a"Ap- level of funding for this effort? Mr. Blaisdell: Yes. Mr. Plummer: Line item? Mayor Suarez: How much? Mr. Blaisdell: The $250,000 is included in our total operating budget and what we did was, we just took 25 percent of our operating budget and we, said, this is in general, in concept, this is the amount of money that we are allocating, staff time... Mayor Suarez: Did we approve that in the hearings that we had in September? Mr. Blaisdell: That was approved in the budget hearings and in the Commission meeting. Mr. Plummer: I thought we made in the agreement of budget that they could not Approve more than $5,000 without this Commission's approval? Mayor Suarez: They cannot change from the budget that we approved any We than $5,000. f: Mr. Plummer: OK, but I'm saying that there was no line item in there. There was no line item, as I recall, in the budget for an allocation to baseball. Mr. Blaisdell: No, it was not stated as a separate allocation. Mr, Plummers That's right, 65 i. . Mr. Blaisdell: There vas in the professional services category, there was a line item for the site analysis study. Mr. Plummer: For how much? Mr. Blaisdell: It was not disclosed. Commissioner, we anticipate it to be between $120,000, $150,000. Mayor Suarez: Wag that in the budget? Mr. Blaisdell: I don't want to disclose on the... we have to negotiate with these people. If we can get it for eighty, we get it for eighty, but there is a program associated... Mayor Suarez: What did we approve in the budget, John? Mr. Blaisdell: For professional services? Mayor Suarez: Yes. Mr. Blaisdell: A total of $200,000. Mayor Suarez: And that included legal, too? Mr. Blaisdell: No, legal was a separate item pursuant to the Commission's request. Mayor Suarez: Well, I'll tell you this, and I don't know if the Commission wants to delve into it and George, it is no reflection on you or anybody, 11 I think this Commission is going to want to take a very close look at rea p. the expenditures of all these funds, maybe a little bit more than we did through the budget process and as to anything beyond whatever amount you want to set, I would ask that we entertain a motion that they have to bring it back to us and then maybe we get into the issue of the assistant director. Mr. Plummer: Exactly. Why would not there be anything different from the DDA, which we approved, that any change of $5,000 or more has to come for approval before this Commission? Mayor Suarez: I think we are a little bit more specific with the budget that r we submit to you. There is not that much flexibility, for one thing. Mr. Plummer: Do you want ten? Mayor Suarez: There is not much flexibility in our budget for the DDA. It'si�, whatever, you know...3`" Mr. Plummer: Well, I am saying we did impose that on the DDA, as I recall, for the $5,000. Mayor Suarez: We don't have any great bondable capacity. It doesn't vary Vith { time. We are not collecting a bed tax or anything. °We're just-• collecting. YN Mr. Plummer: What do you think is fair? I'll go along with anything that ryitYk TR fair. Mayor Suarez: All right, I have no problem with the existing... d Mr. Plummer: $50000? I'll so move. 7IN52" tx a Mayor Suarez: But I'm not sure how it impinges on this issue and that's bat a I wanted to get to. I mean, I think maybe we ought to get your report,.P` George, on what you need for us to seal and approve today before,any pennies ; are spent on the issue of... and by the way, in all of this, we are:; now' t"ctioning`as they are suggesting, as are functioning on If he Is'reapondiug';t u directly to us, you see what I'm saying? 4 Y'£ t& Mr. Plummer: And that's why I brought it to this tattle because they tree net• ; ` } mayor i4uarez: Right. And sot in a sense I thought you.,,<3 u 4�rs De- urre: Who is not? z x:4 %r Mr. Plummer.- As you just stated, what have you received from the Sports Authority? Mr. De Yurre: Nothing. Mr. Plummer: That's it! Mr. De Yurre: But I haven't received it... Mr. Plummer: Because he doesn't feel, according to Knox, he doesn't have to report to the Manager. Mayor Suarez: No, the other way around, because he reports to the Manager, not to us. Mr. De Yurre: And we are going back to a point you made a moment ago that the purpose that the Manager was directed to oversee the Sports Authority was so that he could report back to us and over two years that I've been here, I don't think that once Mr. Odio has come before us to report on anything. Not once, since I've been here! Mayor Suarez: I think that we all agree that we want more reporting by whoever... Mr. Plummer: All right, so what you are saying is... - Mr. De Yurre: What I'm getting at is, you know... so I, and I think that we have here the Sports Authority, the board itself. Now, I think they are _ impotent to accomplish anything. You know, I'd just as soon not have them there if the bottom line of the decision making process, through the City Manager has been laid on an executive director that does pretty much what he wants and doesn't want to do, reports or doesn't report what he wants to report to Sports Authority board, because they don't know what's going on from _— the way I'm seeing it and then, we don't know what's going on because we don't get to hear it from the other end. Mr. Plummer: Yes, but Victor, let me take you down a path that you've been down before and you don't like to be at the end of the line, OK? If anything — goes wrong, in that Sports Authority, I'm going to hold the Manager responsible. ,The ordinance says him and if something goes wrong, I'm'going-to— be after him. I'm not going to be after Mr. Blaisdell, I'm not going to be _ after Mr. Knox... Mr. De Yurre: But you've got to take it one step further. The voters are going to be after us! Mr. Plummer: The buck stops here. Mr. De Yurre: No, the buck stops right here. Mr. Plummer: And if he isn't there protecting me, I'm "going to get a new ' N Manager. Mayor Suarez: Yes, as things now stand, that's correct. r, Mr. Odios But it's a fallacy. Mayor Suarez: It's a fallacy. x 34 �? i 4 Mr, 9dio: It is a fallacy.' Mr. Plumm rs VhatY Mayor Suarez: it's a fallacy, because what you are asking me to do... ` Mr. Plummer: You watch this fallacy. z z. i Mr! va io s No, it as a f ai lacy because y�au �tre am ng o orx a a every time they vote ansomething over there. pY; 4 .3>t " Mr! Plummer- s No air# 'that's not what i am saying, . 67 Ow�€A��` ■� -c LY - . , ..` _ ,... 4F _ _ _ - -- U Mr. be Yurre: Yes, that's the bottom line. Mr. Odios 'Yes sir, because if I don't agree... Mr. Plummer: No, that's not what I am asking. Mr. Odio: Ve11, let's take one example, Commissioner. If I don't agree with the expenditure of the two -fifty, I will say no. Mr. Plummers Then you bring it back to this Commission and we'll deal with it, that's why we put you there. Mr. Odio: OK, but then, why do you have the board? Mr. Plummer: Why do I have to force a meeting such as this to find out that they took money from the General Fund to spend on baseball and we didn't know a damn thing about itt Mr. Odio: But the board that you... Mr. Knox: Well, because you don't read the minutes of the meetings of the Sports Authority. Mr. Odio: Because I need to clarify this to Chairman Knox, that because I have certain responsibilities here from what I was seeing of it. You appointed... you have representatives on the board. You have, and they report to you and you worked with them. Mr. Plummer: That's not the line that it's supposed to follow. Mr. Odio: OK, well, I think this whole system stinks. t Mayor Suarez: Well actually, there is two lines in this case and apparently neither one is functioning particular well. Commissioners, why don't we decide as a policy matter. Commissioner Alonso may have a suggestion, how we want to handle this as to both essential points and then organically maybe we ought .to take up the whole relationship by a regularly scheduled item where each of us have had a chance to discuss with the Manager how we think it should function. There are many things that merit having 'a direct'' -"'- relationship and other things that merit having him as*the direct overseer and ' we just decide the budget and general policy decisions. Commissioner Alonso. Dr. Alonso: Yes. No, a matter of serious concern of mine by the remark of the Manager just made, he told Commissioner Plummer that he had appointees to � the board. In my case, I inherited two individuals to that trust. In thatr} board, actually, I have never met with them and not necessarily, I'm sure they will represent my line of thinking and will have the best of communications with me, since they have not been my appointees. It is a matter of serious concern to mine, if that is the case, that I am to receive the information through two individuals, even fine members of this Commission, of this City, people that I respect, but I did not - appoint to that board, so I want .that to' be on the record that is a serious concern of mine after what the 1isnager`hss just stated for the record. F-j Mayor Suarez: And as we consider the restructuring, if indeed we 'Want to restructure this relationship, we ought to have back, because I agree with the Commissioner, I think as we did when Commissioner De Yurre came —aboard', we eliminated the ordinance... the Authority one, day, we reinstated it the next r day, with a whole new set of appointments' and as'long as we are "considar�n� a structural or organic change, we ought.to make sure that her -appointees or her nominees can be reappointed or not be reappointed as she sees fit, Gedrgs; and I think that's another thing that we ought to make it part of this. 8y. : the way, one other thing that ought to be changed, Mr. City /Attorney, ; think... I'm an ex -off icio member of the Authority. I think the k�agger►y f; r �4 be too, I think both of,us are. And you know, ex-officio to some people jqean. that you don't vote, and actually, that's not what it means at all. off icto means that.you are by virtue of your office. i would like not to lie a ;' b f th A th it Amo ti► thi I d 't I ik- # mem ar o a u or y. ng o or _ ngs, on o miss mlaetlag� eoaething that I am a member of and also, it I m A **_mbex t f ti 4 Authst if �, ; scan t talk to other burs of the Authority Obout cl ►t a ti tt` s ; the Authority and therefor my power is actually d,tmin shed, Aso !� y�;,�rou �'� r mind making that change, I mould... as we reconsider all of this relationship, please, at least bring those back to us and I think Commissioner Alonso, I don't think I have to take a vote on it, that she ought to be able to appoint her two Commissioners. Everybody agree on that? Mr. Plummert Well, I think you have a slight problem. Mayor Suarezt As we reconstitute the board, if in fact we do. Mr. Plummer: Mr. Mayor, I think you have a slight problem. Mayor Suarez: Well, if we are going to restructure it, one of the things that we ought to put in there is that she gets to appoint two new people. Dr. Alonsot I certainly have a big problem. Mr. Plummer: Well, let me tell you what I think the problem is. Mayor Suarez: That's what I mean. Yes, that's the ones we are talking about, the ones that were appointed by the prior Commission that sat in this chair. Mr. Plummer: I agree with Miriam that she should have the right to appoint her designees. I think the problem is that there is a provision that says that you can only terminate for cause. Mayor Suarez: No, but we've dealt with that before by eliminating the entire Authority and reinstating it the same day. Mr. Plummer: Because we don't like them. Mayor Suarez: Yes, we've been creative about that, you know. Dr. Alonso: I find that this is serious cause if the City Manager is going to tell me exactly what he just said to Commissioner Plummer. Mr. De Yurre: We did not dissolve it. We just added two more members. Mr. Plummer: I would like to also George, I have two other areas that I'd like to explore. I find it very, very revealing that we were issued passes on a City street that the Authority or someone is issuing passes on a City street. Can I ask who gave that designation to issue passes on our'City, streets? Mr. Blaisdell: Commissioner, if I understand, you are referring to passes that the management company for the arena issued to two Commissioners... Mr. Plummer: Well, I don't know who issued them. Mr. Blaisdell: ... and Authority members and members of the Administration to park during events... Mr. Plummer: And with explicit instructions that if it -was lost, -it was my, tough luck. I mean, where does this management company, where do they get out telling me what I can do with my street? r Mr. De Yurre: But not only that, they also give passes to ticket holders.' Mr. Plummer: They give passes to anyone and I want to know where they get the f,t authority to use City streets and they issue the passes? Because I'm ready to tell them that the might not have a y g parking space for themselves! Novi, v►ould you please, if it's the management authority, or whoever it is, would you`4tell. , them to cease and desist from using City streets for them to issue parking'} passes. Mayor Suarez: Yes, with all due respect. Mr. Dawkins: Unless they compensate us. 5 5 Mr. Plummer: Unless of course compensate us. Mayor Suarez: J. L. , with all due respect, this is pro' cl things that the Authority before.,, =" xes A sr W.� < Q } r , bMg �0 � f Mr. Dawkins: Where... Mayor Suarez: Commissioner, let me just finish. Mr. Dawkins: No, let me say this, Mr. Mayor, please. We have a long agenda, we've been on this item... I move that this item be deferred and come back because we have people sitting out here and we've just been on this... I mean... Mr. Plummer: Fine with me. Mayor Suarez: Yes, and actually, we don't even have an actual item before us to act, but I think... Mr. Plummer: Well, Mr. Mayor, excuse me, I had brought this up at a previous meeting and asked that it be discussed at this particular meeting. I have other areas to go into... Mayor Suarez: What I mean is, we had no specific... Mr. Plummer: ... which I'll be glad, there is $100,000 rent they've not collected. I'll be glad to go into that and I've got other issues that they have not taken care of, and whenever you'd like sir, as long as it's in the near future, I'll be glad to deal with those other issues at the time. Mr. Dawkins: OK. Mayor Suarez: Yes, and try to get as many of those resolved before a Commission meeting as possible, please. Mr. Dawkins: I defer it until the llth and bring it back on the llth. Mr. Plummer: I'll be glad to second the motion. Mr. Dawkins: Because I've got some concerns also, I don't even want to bring them up now. Mr. Plummer: We'll live to fight another day. Mayor Suarez: So moved and seconded. Be cautioned George, that we have not taken any action on the amount to be expended and John, .the amount to be expended, for the promotion of major league baseball and I don't know, it's a bit confusing... Mr. Manager, I don't know if you want to address that point, but that might be helpful. Mr. Odio: Yes, I want to address the point that since I am responsible, that I don't want any,of those expenditures to happen until I can sit down with the chairman of the board and my designee there. Since I am responsible, I want to stop doing anything until I can sit down with them. Mr. Knox: Well no, let's... Mr. Plummer: I think that's well in accord. That's my feeling. Mr. Knox: Well, I don't think it's well in accord, Commissioner,. and I think it very necessary to address the point. Mayor Suarez: Do you understand our actions up to now? 3' Mr. Plutmaers Obviously they don't want anybody looking over their shoulder! Mr. Knox: I understand that completely and all l want from you is a ptat4r�gnt of your confidence in the person that you appointed as &,bluer ribbon;tribwaa� to accomplish certain things on your behalf. You have apprpaed a budet, �►s ter` are operating within the constraints of that. budget. We have Mode e;4as;isttf wp have waste appointments and we have a course of action. blow, When+IfY ',1/A,,:. w Mr. Plummer: The people who sit on that board, George, are part -tom lfeQlfla. `}tiid They do not have the wherewith. to know architectural-, Tbay des 'Agtr - engineering, They ds: not knout a certain amount o fac9t a board wmbpr, OK? That's why we look to the aaa wha is ibe h 3} 1 yam' , FNy,'�` Mr. Knox: Well, I'm hot arguing about that. Mr. Plummer: Why would you have any problem holding up? Mayor Suarez: Wait, wait, wait, George, J. L., here's the problem. The motion as stated is to simply defer all action on the item which means we're back to status quo. The status quo said that he responded to his board and also responded to the Manager. Theoretically, depending on hop people interpret this, if they had already made certain decisions, contractual or otherwise, he had presumably blessed them, his board had agreed to it, and that means, you know, if we don't get a pretty clear interpretation right now, that we could have a bit of a problem. I think we owe it to the chairman of the board, at least to explain to him what this Commission's desires are. I'd hate to have a situation later where we have lawsuits and everything else. Now, as I understand it, we would go back to the situation where everything he has done up to now has been blessed by the Manager by definition. Mr. Odio: No, no, sir. I have not blessed any actions of that board and that's why I needed to clarify that and since I have to from now on as he stated, and the buck stops here, I will not be responsible for those actions. Mr. De Yurre: Now, when did the RFP go out for this concept of the baseball study? Mr. Knox: Three or four months ago. A selection of the... Mr. De Yurre: Three or four months ago, did you, John Blaisdell, advise the City Manager of that process? Mr. Blaisdell: We advised the Commission and the Manager when we submitted our budget in September that we... this was a program that we were going to implement this year and it is not new news. Mr. Plummer: There was nothing designated in the line item budget. Mr. Blaisdell: I did not go back to the Manager and say, we're going to RFP, this is the selection committee date, we didn't do any of that, but I mean, it was a program that was anticipated and budgeted for in September of 189. Mr. Odio: I guess... I have to say this, either I handle that as a department head would, any of these people report to me and I know what they are doing, and I know I'm responsible for them and I will back them up 100 percent. I d 'tk htth d d on now w a ey o every ay. Mr. Plummer: Mr. City Attorney, may I ask one final question? Mr. Fernandez: Yes, you may. Mr. Plummer: Is it not true that the County has the right to approve or disapprove over their monies? Mr. Fernandez: That remains to be seen and there are searchings and the State' statute is not clear. That has never been subjected to a -question. There in no precedent on that. It is as valid a position to believe that yes, they can and perhaps an argument could be made on the other side of that too. Mr. Plummers Is there any designated representative of the County _at -your meetings, Mr. Knox? Mr. Knox: No, sir. Mr. Plummer: I will then ask by my own personal letter that the County Manager designate someone to those meetings on all occasions and that they will be in final authority since they sit on the money, that I want them .to M take the responsibility as well as this Commission and I would so,.. write my own personal letter, putting them on notice, if this Commiasiop doesn't want to do it. Mayor Suares: We have a motion and a second which is .simply to defer an, $teRi' that is before us only for discussion so there is rea11 ao arti 111101. itk before us on... Z r mil.. .. 71 } Mr. Plummer: I'll hold up on that until we get the further discussion: That's for January llth7 Mayor Suarez: Right, and again, all I can tell you George, I'm sorry to may, unless the City Attorney has a better feel for it, is that from my perspective, this leaves a little bit in limbo. I understood your budget was approved, I understood he had responsibilities to your board as was read by the City Attorney. I also understood that he was responding to the Manager on anything that properly falls within the sphere of the Manager as the person that appoints him as his designated executive director and that's all I can tell you at this point, unless anyone in the Commission has any definitive motion to make on the relationship, which means that until the llth, really, let's just act with the utmost care on any further commitments and if... if, I hate to say it again, but this is like another item we had before. If it appears that you really are uncertain, please call on me, because if we have to, we'll call a special session right on Christmas Day and clarify it. We don't want any authority of the City... Mr. Dawkins: Nobody will be here, but the Mayor of course... Mayor Suarez: That's right and I won't have a quorum, but we'll have a jolly good time and maybe we'll get into the law books and Art Teale back there will help us interpret them, I don't know. Mr. Dawkins: Mr. City Attorney... Mr. Plummer: I hate to say this, but the former Mayor used to take off on the loth and go New Hampshire. We never had to worry about a Christmas meeting. Mayor Suarez: Yes, last year we had a special session right around New Year's, I remember that. Mr. Dawkins: Mr. City Attorney. Mr. Fernandez: Yes, Mr. Vice Mayor. Mr. Dawkins: On the llth, when you report back, report back to me in the meeting, I don't... you can send a memo in the meantime, if you want to..,. what the legal grounds for dealing with the board. Now, that's a duly constituted board and, they have certain responsibilities and I need to know --;- from you what they are and according to... and if they meet the same criteria other boards in State of Florida meet which says that board is ultimately responsible for any actions regardless and I need to know that. Mr. Fernandez: You got it. Mr. Dawkins: That will be on the llth, sir. OK, thank you. Mr. Knox: In the meantime, I just want to close with this. In the meantime, I am still assuming that you expect the chairman and the board to act responsibly and prudently and more specifically, as an advocate and a promoter of major league baseball in Dade County. I want to understand that that is still the charge irrespective of anything we'll be discussing on the:llth otherwise I can tell you that you constrain and hamper our opportunities in that specific area if we don't have that kind of an understanding. Mr. Plummer: I would move... I would hope, Mr. Mayor, that the prudent chairman of our Sports Authority as it exists today would respect-the;,concerns raised by this Commission and even though he is going to go to.a contract negotiation, that before those negotiations are completed, at least this Commission would have the opportunity to look at what is to be accomplished and the scope of the work and the amount of money and that no contract would 'w be signed until such action of this Commission. I think its only oµt of respect for this Commission that we have raised concerns here and that vell ord° should have the opportunity to look at what is going to be done for the amount Y: of money, and it's a large sum of money, that we should have that opportunity; Likewise, I think that any criteria that is not forth for a deputy director that this Commission should, before it goes out, ahould ,have the opportunity to look at what is the requirements of a deputy director. Mr. Do Yurre: Why isn't that part of the responsibility of the +pity U11444 Mr. Plummer: I agree, but we should have that opportunity to look at before they go out. That's all I am saying. Mr. Fernandez: Then you'll have to ask... Mr. De Yurre: Aren't we getting involved in the Administration? Mayor Suarez: Now, we may have a little bit of a problem. We may have a little bit of a problem, because are we not saying that in the case of another department head, that we would want the same kind of thing? I mean that... in that sense, he acts like another department head, J. L. Mr. Dawkins: Well, I'm not concerned, because for 18 months I've been telling the present director to do some things and he hasn't done them, so I don't see why... and George Knox was appointed to the board knowing these same things and he hasn't done anything, so I'm not expecting too much. Mr. Plummer: Well, I am. I'm expecting a whole lot, but I'm expecting that this Commission is going to know and approve any major items that come before that board. Mayor Suarez: The signals you're sending is that in some cases we ought to have deputy director according to some Commissioners. Some Commissioners feel that we shouldn't have a deputy director. The point is, if we decide that, then we may as well have him respond directly to this Commission and not through the Manager, that's all I'm telling you. Mr. De Yurre: My understanding is that the first one that came up with the idea of a deputy director was the director himself, because he felt that if left at any given time, then nobody would know what the hell was going on in that department, which I think pretty much we've seen here today, so... Mr. Plummer: I don't disagree with that, Victor, except for the fact that remember first and foremost the work of the Authority was completed the minute that arena was opened. That was their primary concern. Today they are in administrating and I said fine, you want a deputy director, eliminate some of the other high priced help you've got down there, that you don't need all of that high priced help that you had there previously when you were under construction and trying to get it completed. When you got that thing „completed, you became an administrative, not the construction of a $50,000,000 "' facility, so that's why I agree and disagree. Mayor Suarez: I think it does a lot more than that and lately the Manager has assigned a few additional tasks to the Authority to the executive director, including Bayfront Park and some others but certainly we are now exploring the '~ kinds of things that this Commission, if it is going to take that active a role, maybe really ought to consider making it just like any other authority with the executive director responding directly to us. In any event, George, I think you are cautioned also as to the issue of the deputy director as... Mr. Knox: That's no problem at all. The only... Mayor Suarez: Maybe that's why there's never been one hired, I don't know. I` have strong doubts, myself, and I haven't heard from Commissioner Alonso on r that issue, but I have strong doubts as to whether we need to have additional r staff in the Authority, but that's just my view, but I would hate to get us into a situation where we decide even that level of detail, because I just have a feeling that we can't go that much into detail. That's your point, no let's hope that on the llth, we clarify the relationship, We have a motion x and a second. Commissioner Alonso. { Dr. Alonso: Just one last comment. I hope that whatever steps you need to take, you start collecting the $100,000 in back rent that Commissioner i'luomr just referred, ` M Mr. Odio: No, but I need to... Dr. Alonso: So from here to the next time that you come in gout. of "us, bo �r sure you collect the $100,000. Mr. Odio: I used to speak to that for a second, please, i x�4 f,rn }rev 7$ 4'" � A i r1'9 h-3 i ��I Ts Dr. Alonso: I'll be very happy to hear. Mayor Suarez: You want to clarify, Mr. Manager? Very quickly, before Miami - Today puts a big headline that says there is $100,000 missing. Mr. Odio: Yes, I know. I know, but I don't think they know what they are talking about and I said that on the record. We have had... Mayor Suarez: The Commissioner knows about that kind of thing. Mr. Odio: We have had two meetings with the ownership and the president of the NBA team, The Heat, and there was an agreement reached at those meetings with LMI, which is the management company that they were going to go one by one in the differences that we have, in how that we reached the rent figure. They have arguments to each point that adds up to close to $100,000. It is not rent for $100,000. There are issues of expenses incurred during games, it's quite complex and I was involved in that and I was in those two meetings and the issues are being now resolved. It is not a flat rent of $100,000 that they owe us, it is more complicated than that. Mr. Plummer: Give us the exact formula. Mr. Odio: For instance, if they decide to... Mr. Plummer: No, not now, not now, you can do it by writing. Mr. Odio: OK. Mayor Suarez: OK, we have a motion and second. Any further discussion? If not, please call the roll. MOTION TO DEFER UPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, THIS ITEM REGARDING THE SPORTS AND EXHIBITION AUTHORITY (DEPUTY DIRECTOR, ACCOUNTABILITY TO MANAGER, FINANCES, ETC.) WAS DEFERRED TO THE COMMISSION MEETING SCHEDULED FOR JANUARY 11, 1990 BY THE FOLLOWING VOTE OF THE 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Happy New Year, we'll see you on the llth. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: We have agreed not to be any more specific than we were when we began. t4` F 1 J lCY. 1 r d vqc g.F+, 1' ri-6r—rrrrrrrrrrrrar—r—rrrrrr rrrrrrrrrrr--rrr—rr—rr rr—rr—rrrrrrrr--rr—ri—rrwir�iY. 14.DISCUSSION CONCERNING PARKING AREA FOR COMMERCIAL VEHICLES. ---------r----------r------------------------------------------ Mayor Suarers Parking areas for commercial vehicles, item 9. Whose item was — this? Do we need any further clarification? Does anybody need to hear from Joe McManus? If not, thank you, Joe. We are going up... Whose request was it? Any Commissioner? I don't want to step on any dignified toes of Commissioners. Commissioner De Yurre: What are we doing as far as advertising, letting the people know of the procedure? Mr. Joe McManus: Commissioner, what we planned on doing was during the month of January, prior to the effective date of the ordinance, equipping our Code Enforcement people with little warning stickers, that when they went out into the areas on answering complaints, that they would put that warning label on the windshield of the commercial vehicles, saying that this is a warning and effective February 1st you may be subject to a violation and perhaps attaching appropriate map that lists to that warning, indicating to the people where they could park. Commissioner De Yurre: First of all, I think if you are going to do something like that, it isn't when there is a... somebody is called in with a complaint, there out there in the street every day, whenever they see the violation, then they just stick it on, as opposed to you know, when you drive by and see a violation and not doing anything about it? Commissioner Plummer: No. Commissioner De Yurre: Yes, I think that my concern is to make sure that people are aware of the ordinance and that they are aware of the alternatives - as to where they can park their vehicles, because if not, we are going to have them here and then we are going to have to deal with it and then we are going = to have to start delaying and moratoriums and all that kind of thing to do something that is equitable so I am trying to avoid that, so I _want to make sure that there is an awareness out there and that they are informed of what is going on. Mr. McManus: Yes, Commissioner. Mayor Suarez: Thank you, Joe. Anything further? _ Mayor Suarez: We have the good Joe and the bad Joe here, but, the one with t the beard is the bad Joe. ------------------------------------------------------- NOTE FOR THE RECORD: AT THIS POINT, COMMISSIONER PLUMMER REPORTS ON FINANCIAL SUCCESS OF A RECENT EVENT: CIRCUS TIHANY, AT THE FBC — PROPERTY. - ------------------------------------------------------- r t ra 15. DISCUSS AND WITHDRAW PROPOSED RESOLUTION AUTHORIZING PURCHASE OF 25 VEHICLES FROM ROGER DEAN CHEVROLET FOR POLICE DEPARTMENT'S PUBLIC SAFETY AIDES. *T` Mayor Suarez: ItLm 10, resolution authorizing purchase 25 vehicles,, etc.., etc. Anybody want to move item 10.4 a Vice Mayor Dawkins: No air, under no circumstances." k 5 a Mayor Suarez: No circumstances. 3 Vice Mayor Dawkins: 1 move to reject it. 75 9 14 .� . 5 kko Mayor Suarez: Move to deny the import or the requested action on item 10, Vice Mayor. Vice Mayor Dawkins: Mr. Manager, January 8, 1987,.a long discussion with everybody up here on this Commission saying that we should buy vehicles locally and we named the reasons why they should be purchased locally. Number one, the dealer hires local people as sales persons, mechanics, clericals, also hire professionals, accounting and lawyers, so the money remains here locally. Those people whom he employ spend their money at the local food stores and on January 8, 1987, we passed a resolution, 81-58 to pool 203 police cars from a bid where you were going to purchase these vehicles in Jacksonville, Florida. Now, you come here today and you are going to buy automobiles from Ft. Lauderdale instead of City of Miami. Why? Mr. Ron Williams: If I may respond to that, Mr. Mayor. This item is before you in an attempt to expedite one of your requests and that is provide vehicles for... Vice Mayor Dawkins: Just a minute sir, just a minute. OK, my request was not to buy any cars outside of Miami, so you are not respecting my request, OK? Now, you are respecting a request of mine which permits you to do what you are getting ready to say you want to do. If you were respecting my request sir, you would not purchase any automobiles outside the City of Miami. All right, now I'll listen to you, sir. Mr. Williams: OK, thank you. The request before you is to award a contract to purchase vehicles for the PSA's that you approved as part of the budget process and in the State of Florida annually puts out a bid for vehicles which does a couple of things that we think are advantageous to the City of Miami and that is they do volume buying and were able to usually get a lower price and secondly, it's more expeditious and saves the City of Miami the cost of putting out the bid doing the necessary administrative work, receiving the bids and of course analyzing them and making recommendations to you. I most certainly am aware, Vice Mayor Dawkins, of your expression on the 203 cars. I think I stood before you when you passed that motion and subsequent resolution at that time. We came back this time and addressed this from a different kind of response. We think that we are providing some of those intangibles that you mentioned to the community by one, buying vehicles at a lower price; two, expediting the receipt of those vehicles through an already awarded State of Florida contract, which provides us some incentives. That clearly does not - say that we are buying them within the City of Miami and think your request was more within the Dade County area, because some of our vendors, or vehicle providers are outside of the City of Miami property, but it is most certainly accomplishes a couple of those intangibles that we think would expedite those needs. — Vice Mayor Dawkins: OK, now let me ask you a question. The economy is tight, - money is tight, we are working to encourage businesses to stay open and in my opinion a business in the City of Miami that pays occupational taxes, that _ pays land taxes, ad valorem taxes, and who employ local people, I mean, we — should be working to keep that business open rather than telling me that you... I mean, I can understand your wanting to save the City of Miami money, but how much are you saving by not bidding... we don't even know if we are saying anything or not, because we didn't bid this, sir. We didn't bid it, we went on a bid that the County had, you did not go to local bidders who may be hungry and want to get rid of some cars, sir, who might have been able to beat , this. �a Commissioner Plummer: It didn't go to bidding. r J' Vice Mayor Dawkins: Ten, ten, J.L. Y Mr. Williams: We do know that at this moment we have saved the administrative' ; preparatory cost associated with preparing the bid document in house and we do know that we've saved substantial time before you. Vice Mayor Dawkins: All right, the people who prepare the bids, they dop't' h work ovary day? K � Mr. Williams: Absolutely. a iIT rk loop - t Vice Mayor Dawkins: So therefore, whoever prepared this bid to put it out or not, they still get paid for being here, is that right or wrong, sir? Mr. Wiiliame: That's right, that's right. Vice Mayor Dawkins: So we really and truly don't know that we saved that amount, that much money by not having them prepare a bid? Mr. Williams: it's not completely measurable, that's correct. Vice Mayor Dawkins Thank you sir, all right, go ahead, I'll listen to you. Commissioner Plummer: Question, what cars are you buying? Mr. Williams: Vehicles for PSA's Commissioner Plummer: I understand that. What kind of cars? Mr. Williams: Oh, Chevies. Commissioner Plummer: I understand that. What kind of cars? Mr. Odio: Corsicas. Commissioner Plummer: Corsica? Mr. Williams: Yes. Commissioner Plummer: Is that a compact? Mr. Odio: Yes. Commissioner Plummer: Excuse me, is that a compact? Mr. Williams: Yes, it is. Commissioner Plummer: And that's the cheapest car that you could buy. Mr. Williams: It is not the cheapest, no. It is the one that we think meets the need. There - are some obviously smaller subcompact kind of .vehicles, .but' we thought this one would best meet the need of the PSA environment and meet the needs of the job they've got to do. - Commissioner Plummer: What environment is a PSA th environment? Mr. Williams: Well, as I understand it, it's a non -emergency kind of work sV environment, however, it requires a vehicle that is efficient and not required to transport prisoners, etc., etc., but it needs to be of the size that we can have... r Commissioner Plummer: No, why didn't you buy a cheaper car, is what I'm } asking. We know you can buy cars•cheap... M S All h id i th t th h ayor uarez: , e sa s a are were some at mere Co eaper,_.but there aren't too many that are cheaper, are there? Commissioner Plummer: I'm just asking if there are, why didn't he. buy';,tha cheaper ones? x. Mayor Suarez: I mean, they... Vice Mayor Dawkins; Is there anybody in the audience from the Dade Couat►. } Auto salesmen?` Mr. Villiaams We discussed it in... Vice Mayor Dawkins: Anybody who sells cars is Dade County is tbe, City p�� Miami? �x , Lot M 4 t C+asgaiooLgpor PIUMMQrt You.moon.tor leap than $14,DlA iA o�lr? - X'P —_ ." '. - .—..--..,.. '.,. r... ._,rc i-+«..�.y.. i-st+,eronii+w•w«•Nib-i+.M.�.,YFFn-Pd-Y.i?N.s++�rrt�e.wlfCx6���_ Mayor Suarez: You're talking about new cars that... Mr. Odio: Commissioner, let me... Mayor Suarez: J.L.'s used cars. Commissioner Plummer: And I'm going to ask my same old question again. We are told by the Police Department that they confiscate all kinds of cars in sting operations. Where are those cars going? Mayor Suarez: Those are also used, aren't they, for undercover operations? Mr. Williams: Some of those are used in police activities, but I think that most of them are auctioned off. Vice Mayor Dawkins: The only problem I have with this is, you have a - resolution here where this instructed you to buy cars in the City of Miami and you just disregard it. Mr. Williams: Vice Mayor, may I propose that we ask you to reject these, that we come back, rebid this entire item, that we bring it back to you considering local vendors, but I would request that you would extend that local to Dade County proper because it is very difficult to confine it within our boundaries. Vice Mayor Dawkins: I have no problems with Dade County because Dade County employ people who live in the City of Miami, just like we employ all our firemen from Dade County and Broward County. In fact, one lives in Leon County. Mr. Williams: Then I would ask that you reject these bids. We will rebid it as quickly as we can and bring it back to you. Commissioner Plummer: And we still have the ten percent factor for locals built in. Mayor Suarez: The item is withdrawn. -16.A AUTHORIZE PURCHASE OF 15,000 CURBSIDE RECYCLING CONTAINERS FROM REHRIG PACIFIC COMPANY FOR DEPARTMENT OF SOLID WASTE. --_--_---------------------------------------------------�_�_M_�._��..�_... Mayor Suarez: Item 11, curbside recycling containers. Vice Mayor Dawkins: See now, here we go. Here's a good one. Mr. Manager, when we did we start... -? Mayor Suarez: Piggybacking on Palm Beach. Vice Mayor Dawkins: No, when did we start the recycling business, I mean when did we first come into going into this? When we did we... Mr. Odio: I think it has been now a year that we began to plan the recycling. Vice Mayor Dawkins: All right, one year, OK? Now, in one year, you' -are �s authorized, you are ,going out to purchase 15,000 curbside recyclable recycling containers. Now, Ms. Ingraham, when is the first time you and the Manager told this Commission and the people in Coconut Grove that you would" have litter containers for them? When was the first time, nineteen what? }y 4 41� t Mr. Williams: 1988. — Vice Mayor Dawkins: 1988. From 188 to 190 is two years. In two years we do not have the litter containers for the people who pay the tarts out there } whose only complaint to me when I was running was we did not have the litter, � } Now, explain to see somebody why is tv that yQ�: containers for Coconut Grove. .. d` are so concerned about purchasing these 15,000 curbside rocyei 'cor► i +RFx '` wre so than purchasing the litter containers for the peoples in'CQc04U.. y a! r 4� 0 Mr. Joseph Ingraham: There is not a difference in that particular regard, Commissioner, if I can respond for the department. However, we are in receipt - of $516,000 in the State grants that has to be expended by December 30, 1989, wherein that purchase of these receptacles are coming from. We are currently going over recent bids on the litter container citywide, not just in Coconut Grove and we will make a recommendation to the Manager to place on the first agenda in January. Vice Mayor Dawkins: See, Mr. Manager? Here we go again, Mr. Manager. We promised the people in Coconut Grove litter containers and now I hear today that the Administration is not concerned about providing litter containers for Coconut Grove. Now, they are concerned about buying them for the total City of Miami. When you promised these... when did they promise you these...? Mr. fled Stahl: In which time, we started in 19SO... Mr. Odio: The last time... Mr. Stahl: In 1980 we started. Vice Mayor Dawkins: And this Commission has been promising you... Mr. Stahl: Three years. Vice Mayor Dawkins: Three years we've been promising you these litter containers. Isn't that right, sir? Mr. Stahl: Yes, sir. Vice Mayor Dawkins: And each time you come in, we tell you you are going to - get them in 90 days, right? Mr. Stahl: Well, the last Mr. Ingraham stood before you was around January and he stated to this Commission that in three months the trash receptacles - would be on the streets of Miami and we left here all very happy. Three days later Mr. Ingraham called me on the telephone personally and stated that there was a minority group that had not had the opportunity to put in the bids and we would have to go through the process all over again and here we are. Vice Mayor Dawkins: Mr. Manager... you see Mr. Manager, instead of listening: to me about these recycling... Commissioner Plummer: I apologize, that's my fault. That's my fault, don't blame him. Blame me. s. Vice Mayor Dawkins: All right, well, but then all of a sudden, when I sit up here and we say we are going to pass this, and then you lose the $500,000, you say I'm being a bad fellow. Commissioner Plummer: What containers? Are these for the newspapers in separate containers? F Mr. Ingraham: Yes, these are the... Mayor Suarez: This is to meet the requirement under State law that we must most by when, Joe? . 3 Mr. Ingraham: December 31, 1989 in reference to containers for recycling , goods, newspapers, aluminum, plastics and so forth. Mayor Suarez: No, I meant the percentage of all the solid waste that had to be recycled by the year 19... } Mr. Ingraham: Right, the 30 percent reduction, right. Under the $tate ,5 mandator reduction law for the waste b 1994 b 30' Y y y Percent.. Vice Mayor Dawkins: My only concern, Mr. Mayor and fellow Commissioners Is that for one year the of this done, but the citizens will y y g pay the taxes at_d who support the City, he gets nothing. You know, and it looks like to mb it 't you gore going to come up here with this, J.L. .,. you are geeing. to_•pom u$ , e?the�c� with both of them and say, hay, we are going to do this and buy theon the same time.79 f f x Commissioner Plummer: I agree. Vice Mayor Dawkins: See, but all of a sudden he comes... Mr. Stahl: i assure you, it's not just Coconut Grove that I'm concerned about. If you look around the entire City of Miami, we do not have trash receptacles, periodl Vice Mayor Dawkins: Yes, but see, but we had not promised the total City over the year that we promised you, that's my concern. Mr. Stahl: Well, my concern right now is trash receptacles in the Grove. Vice Mayor Dawkins: OK, well see... Mr. Odio: We went out on bids and I want Ron to explain what happened with those bids. Vice Mayor Dawkins: Yes, but see... OK, no, see, you went out on bids and all of this has been over a year and a half. It's over a year and a half! You should have corrected it, Mr. Manager! Mr. Ron Williams: Mr. Vice Mayor, you are absolutely correct. We had a major bid protest on the last bid on this item as you know, we bought it before you. Vice Mayor Dawkins: What was the date on that? Mr. Stahl: It had to be in January. Mr. Williams: The bid protest that was finalized in June of 189 is when the bid protest was finalized and the bids were rejected and we started over the new process. Vice Mayor Dawkins: All right, so from June to December we haven't done anything. Mr. Williams: Yes, we have. Yes we have, we revised the specifications, we went back out for bids, we've received the bids in, we have now met in committee, we've analyzed them and we are ready to bring them back to you. Vice Mayor Dawkins: Well, why couldn't you do that at the same time you are doing this with the recycling? I mean, this is as important as the recycling one. Mr. Williams: They were proceeding simultaneously, Vice Mayor. Vice Mayor Dawkins: Well, why don't you have them here, then? If you just went out to rebid and you got the money... Mr. Williams: The selection process is not final... Vice Mayor Dawkins: Why not? That is what I am saying. Mr. Williams: Let me tell you why, because we got two or three things happening. The apparent low bidder is a firm that is in Broward County. The next low bidder is in Carolina. The next low bidder is in central Flovida. } We have, because this is new product, we are trying to make sure that we getY the type of product that we ask for in our specifications, We've asked these people to submit us samples which they are willing to do. We want to make' sure that when we bring this back to you and finally get it done, Vice Mayor, we've done it right. pV Vice. Mayor Dawkins: OK, name the locations again, Mr. Williams, please. ri Mr. Williamai The apparent low bidder on the final is Pembrook Blnaa,ip Broward County. Vice Mayor Dawkins: Pembrook Pines in Broward. Mr. Williamss The second low bidder is in Carolina, $oWb CarQlivafTr ; rya i ' ? - Vice Mayor Dawkinst South Carolina. Mr. Williams: And the third low bidder is in.., has several locations, the - closest is in central Florida. Vice Mayor Dawkins: Central Florida. Now, you couldn't rent a car and put a _ - man in there and in three days a man go look at these samples and come back? We got to wait until they send them here, we look at them and send them back. You see, we not expediting things, Mr. Williams. Mr. Stahl: May I ask a question? Mr. Williams: We could have done that. - Mr. Stahl: The trash receptacle that was approved for downtown Miami's one block experiment with the trash receptacle, I was under the understanding was approved and sufficient to Mr. Ingraham's likes that was going to be approved. That was two years ago. It took this City three months to get trash receptacles for that one block. Mayor Suarez: The old difference between a City agency doing something or an autonomous agency doing something and the City itself. We really do have _ many, many more constraints, including as pointed out by our staff, all the minority bidding processes, etc. But that, you are right, that was done fairly quickly and I guess it was the DMBA that did it, I think, the Downtown Miami Business Association. Mr. Ingraham: That was correct and that was done in concert with that entire process, you're correct. Mayor Suarez: All right, Joe, we are going to get his matter resolved very = quickly, are we? Mr. Ingraham: Yes, we are. We're going to have this on... Mayor Suarez: How quickly is quickly? January 11, we're not going to have this item come up again? Mr. Ingraham: Yes, we'll have in the agenda on January 11th. Vice Mayor Dawkins: No, no, have on the agenda of January llth? Mayor Suarez: No, no, resolve for final determination or... Vice Mayor Dawkins: What on January llth?" Mayor Suarez: ... approval his containers. Mr. Ingraham: Right, the bid will on the agenda January llth. Vice Mayor Dawkins: To do what? —' Mr. Ingraham: With the actual purchase... y Vice Mayor Dawkins: To award the bid? I mean, to go out and purchase. You're coming here for me to say... I mean authorizing you to purchase. r That's what you are coming back on the llth for? Mr. Ingraham: Yes. Vice Mayor Dawkinst And if you don't, then what? y" r S�: ` Commissioner Plummer: They'll get beat. Mr. Ingraham: If we don't, we'll have a logical reason that you'll be aware: of prior to that date, but as it stands now, we're committed to January lit,, z" Vice Mayor Dawkins; if we put the bid out, I mean, if you order them January, �{ t.. 1471;h, wet should expect them on tAW streets by w at da a `� Mr. Ingraham; Within 90 days. -a Mr. Stahl: I've heard that before. Vice Mayor Dawkins: Here we go again with 90 days. January 11th, 90 days is Easter. — Hr. Stahl: We've met with the makers of these. it takes 90 days to make them. They're poured concrete and terrazzo, they are exceptionally good containers, but it takes 90 days to make them, so... Mayor Suarez: Commissioner, we are going to act on these items, otherwise we are never going to finish tonight. Commissioner Plummer: Can I ask a quick question? Mr. Abraham, didn't you tell us that the containers that are downtown were foolproof and they were locked? Mr. Ingraham: I don't recall in my life seeing anything to be foolproof air, and name is Ingraham. And in that particular regard, if I did, I probably had a moment of temporary insanity, sir. So to answer your question, if you know... Mayor Suarez: Happens to us all the time up here, some for longer than others. Commissioner Plummer: Just for your information, as I drove down Flagler Street last night... Mr. Ingraham: You saw a problem? You noted the problem, sir? Commissioner Plummer: The problem is that every one of the containers was open and the garbage was strewn all over the street. Mr. Ingraham: Well, what you have saw sir, was... Commissioner Plummer: I'm not blaming you. Mr. Ingraham: No, no, I'm glad you brought that point out because that was one of the items that we had to go back and revise the specification on to redo the top on bid sir, and if we had done that, it would cost the City of Miami far more money than what we had originally intended to spend. Vice Mayor Dawkins: Somebody move. Mayor Suarez: OK, I'll entertain a motion on this particular item. I can't _ imagine delaying this would help in any way any of the other issues and if nobody wants to move it, I will move it. —. Commissioner De Yurre: I move it. Mayor Suarez: All right, thank you, Commissioner. I'll second then. Vice Mayor Dawkins: It's been moved and seconded that we buy the containers to keep from losing $5,000. They don't care if I lose 5,000 votes in Coconut Grove, they couldn't care less, so they'll save the money. Call the roll. Mr. Ingraham: $516,000, sir. r Vice Mayor Dawkins: Call the roll. f K; �"� t;� R9 /► y Ia �a AMR# 1lF�f��3F'�F V, J JY t p i'h�x afa Y-` 2P3r. [ f The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-1158 A RESOLUTION AUTHORIZING THE PURCHASE OF 15,000 CURBSIDE RECYCLING CONTAINERS UNDER EXISTING PALM BEACH COUNTRY BID NO. 89-085 FROM REHRIO PACIFIC COMPANY FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL COST NOT TO EXCEED $65,700.00; ALLOCATING FUNDS THEREFOR FROM THE SOLID WASTE REDUCTION, RECYCLING & EDUCATION SPECIAL GRANT FUND, PROJECT NO., 197001, ACCOUNT #320304-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE CONTAINERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: I'm going to vote no out of protest, because I think that they should have gotten the containers from Coconut Grove long before now. 16.B BRIEF COMMENTS CONCERNING PLACEMENT OF CITY OF MIAMI SIGN ON PAN AMERICAN DRIVE. Mayor Suarez: Sometime around the time that we get the sign that says City of Miami up on Pan American Drive at the entrance, which was promised four years ago, we'll get your containers. Commissioner De Yurre: What's the status of that? Mayor Suarez: Manager, any quick... Mr. Odio: They have been ordered for the grass area. Woody Weisner from - Continental Companies is going to pay for the design and it is going to be approved by him this week and he will pay for the whole bill that's... Commissioner De Yurre: Do we get to look at the design before it gets ordered. Mr. Odio: Yes, once he approves it, I'Il bring it over to you, because he is going to pay for it. -j ' Mayor Suarez: Yes, submit it to any Commissioner that wants to take a look at, just in case, please, in case Woody goes totally off the deep and and designs something we wouldn't want even if he pays for it. t f t } f 14 03 :- ar 'S t 5`r a 17. GRANT REQUEST FROM BILINGUAR PRIVATE SCHOOLS ASSOCIATION ($IPRISA) FOR STREET CLOSURES IN CONNECTION WITH EVENT HONORING JOSE MARTI. Mayor Suarez: Item 12, Bilingual Private Schools Association, BIPRISA. Are you here? Commissioner De Yurre: Yes, Mr. Mayor, this is a group that the private schools can have their annual Jose Marti Parade down 4th Street from... Vice Mayor Dawkins: Move it. i Commissioner De Yurre: ... 8th Avenue down to Jose Marti Park and I'll second. Mayor Suarez: We have a motion on the closure of the streets, I guess. Commissioner De Yurre: Street closure and I'll second that motion. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. No? Commissioner Plummer: That's all it amounts to is just our approving the street closure? Mayor Suarez: Well, that's what we got so far and then we can go into other things so we can get that out of the way. Call the roll on that particular motion then. No, don't go yet. The following motion was introduced by Commissioner Dawkins, who moved _ its adoption: MOTION NO. 89-1159 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF BILINGUAL PRIVATE SCHOOLS = ASSOCIATION (BIPRISA) FOR CLOSURE OF CERTAIN DESIGNATED STREETS (8 STREET FROM S.W. 15 AVENUE = THROUGH JOSE MARTI PARK) IN CONNECTION WITH THE SCHOOLS PARADE HONORING THE "137TH BIRTHDAY OF JOSE i MARTI." Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: a = AYES: Commissioner Victor De Yurre 5 Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso — Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. = ABSENT: None. Mayor Suarez: If that is all you wanted, then go and sin no more and this. is an example of someone who is doing something that does not coat the City any money and that's what we need to do, because we don't have any money to parcel out anyhow, so... and we're going to stick to a strict policy that we have new - blood here that wants to help us to stick to our own policies. V ..- W. 04 Doc r 1 d� fix � r� 18. COMMEND LA CADENA DE LA DEMOCRACIA FOR ITS EFFORTS IN ORGANIZING AN EVENT KNOWN AS "THE HUMAN CHAIN", A PUBLIC PROTEST AGAINST DEPRIVATION OF HUMAN RIGHTS. Commissioner Alonso: Mayor, if I may... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, I'd like to recognize Commissioner Alex Chavez from West Miami that he would like to introduce a group of individuals and... Mr. Alex Chavez: Thank you, Commissioners, thank you Mayor. On behalf of the organizers of the La Cadena de la Democracia, I would like to thank all of you, especially Commissioner Alonso for the opportunity... Mayor Suarez: Oh, you are thanking some more than others, OKI Mr. Chavez: OK, to appear before this Commission this afternoon, especially in lieu of the short time that we gave her. Basically, La Cadena de la Libertad had been organized and incorporated as a nonprofit organization whose purpose is to organize a human chain from Miami to Key West hopefully, on February 24th right on the eve of the Geneva Convention on human rights and this event will take place simultaneously with other cities and other places in the world with Miami being like the capital of the Cuban exiles being the main event to bring world-wide attention to the gross violation of basic human rights in Cuba. I would 'like to introduce a few people here that are representing different groups. We have Miguel Angel Tudela, president of the Commission on Human Rights of the Municipalities of Cuban Exiles. We have its president, Roberto Rodriguez Aragon. We also have Dr. Celestino Vasquez, a member. We have Orestes Polleck, representing the merchants of Calls Ocho and Henry Polar, our activities coordinator and of course the brains and the president and main guy in this thing, Ahmed Simeon who would like to say a few words. Basically we are here, we'd just like to get the moral support of the City of Miami and we are requesting a proclamation and a resolution. Furthermore, we have a little letter that we'd like you to endorse and sign which will be presented to the Board of County Commissioners next week. Also, we are planning an event on February 23, at the Bayfront Park which will serve as a preamble for the main function of the 24th and very soon we are going to be coming to City Hall asking for the necessary permits, so I hope that we get your full endorsement At this point Ahmed president would like to say a • r , few words. Ahmed. Mr. Ahmed Simeon: Thank you Mayor and Commissioners. My name is Ahmed Simeon and as Commissioner Chavez mentioned, I am chief translator for Dade County, although I don't stand in that capacity here today before you. Rather I stand as the creator and promoter and organizer of an idea whose time has come, and that is following in the steps of what we had seen recently in Eastern Europe. I believe that it is time for Cubans everywhere to demonstrate massively and to that effect, I have created the idea, the project of forming a human chain, as Commissioner Chavez mentioned from Miami to Key West. In addition to that, there are eight American cities involved, as well as ten foreign.countries in which we will be holding different kinds of demonstrations; all of .them pointing to the fact that there are human rights violations occurring in Cuba �b that go disregarded by the worldwide community and that the intent, ^the ultimate intent of these demonstrations is for perhaps the Cuban people to ' demand, one way or the other, the democratic changes being implemented in Cuba. Mayor Suarez: I don't think that any Commissioner is going to have any objection whatsoever. I do want to add and Commissioner Alonso, I think it's your .item, but should you need the facilities of the City to terms of the place, the starting point, this could be one, or maybe your Coamtsaion, — however you want to do it, but,it might be significant to do it from here.' - Mr. Stmeoh; Well, we're thinking of Little Havana perhaps, the Center, .at Little HAvans, more appropriately because it is the core: of the Cuban exile community.45 t �Xj x l K i41 vik rb` r4��{x { Mayor Suarez: Or any property the City of Miami has, it is entirely proper that we would propose that and make it available. Commissioner Alonso: Yes, Armed, thank you for coming here and I move to approve a resolution of support to commend the La Cadena de is Democracia for its effort in organizing this event. Commissioner De Yurre: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 89-1160 A RESOLUTION OF THE MIAMI CITY COMMISSION COMMENDING LA CADENA DE LA DEMOCRACIA FOR ITS EFFORT IN ORGANIZING THE EVENT KNOWN AS THE HUMAN CHAIN WHICH IS TO BE CONDUCTED IN THIS AREA ON FEBRUARY 24, 1990 AS AN EXPRESSION OF PUBLIC PROTEST AGAINST THE SUPRESION AND DEPRIVATION OF THE HUMAN RIGHTS OF THE CITIZENS OF CUBA BY THE CUBAN GOVERNMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Every once in a while when you have nothing else to do around Planning & Zoning time, would you come by and help our unofficial translator, Sergio Rodriguez with your translating skills, Mr. Simeon? Every once in a - while he really needs it too., Mr. Simeon: Very glad to. One favor deserves another. Mayor Suarez: Thank you, sir. Mr. Simeon: Thank you 19. ACCEPT PROPOSAL OF PROFESSIONAL CONCESSIONS, INC. FOR RIGHT TO OPERATE NOVELTY/MERCHANDISE CONCESSIONS FOR ANNUAL ORANGE BOWL CLASSIC FOOTBALL (See label 4). —' Mr. Plummer: Mr. Mayor, I understand the people from the Orange Bowl Concessions souvenirs would like to make a quick presentation. Is the Parks Department here? I understand they have a little sweeter offer? Me. Diane Johnson: Yes, we have sat down with the firm and they are willing to offer the minimum guarantee of $32,500 versus percentage of 50 percent and your 42.1 percent, whichever is greater. The term would be five years with a five year option, mutual written consent. They would open a local office and j, it would be a peddling restriction for each game, approXimately one block radius around the Orange Bowl. i Commissioner Plwwer: I have no problem with that, I think it's flue, Vice Mayor Dawkins: I've got a problem with the second five year option. I have no problem with the five year, but I do feel that by the second five years, we should have a local firm ready to bid against them in the second five years, so I just don't think... Ms. Johnson: They will be a local firm. They will be local firm, they are willing to open up a Miami office located in the City limits of Miami. Commissioner De Yurre: Well, where do you get the manpower? Where do they come from? Mr. Dennis Mineri: The manpower is derived locally, primarily from residents of the City of Miami. We use volunteer groups. Commissioner De Yurre: How do you go about it? How do you go about securing the people? Mr. Mineri: Securing? Well, primarily by contacting. We have contacted college organizations. Our normal crew of vendors that works the University of Miami games is made up a variety of different groups, primarily nonprofit groups from the area. Vice Mayor Dawkins: In fact, you use the same pool that the Orange Bowl uses, that Joe Robbie uses, it's all the same pool of people. Mr. Mineri: It's fairly much the same. For a game of this magnitude, though we are seeking other organizations, because we do open more stands than we would on a normal basis. Commissioner De Yurre: Did you work the last Orange Bowl game? Mr. Mineri: Yes, we've done the last ten. Commissioner De Yurre: The last ten, OK. What I would like to have is a list, which I am sure you have, of all the vendors with their addresses. Mr. Mineri: Fine, there is no problem with that. Commissioner De Yurre: Just have an idea where they come from and what organizations, what... Me. Mineri: Sure, that's no problem. And if anyone, if you know of any groups that would be interested as fund raisers to participate, we would be more than happy to talk to them. You could provide us, you know, with a list. Commissioner Plummer: I'll move it. Mayor Suarez: All right, moved and seconded. Any discussion? If not, please call the roll. Ms. Hirai: Mr. Mayor, need a second. Commissioner Alonso: Second. _ Mr. Fernandez: Point of clarification, Mr. Mayor. The resolution that; you are passing is what, was Consent Agenda number 4, and the agreement that was attached is.being amended as just stated on the floor, modified. > Mayor Suarez: Correct... have City Attorney on his toes. Call the roll. Ms. Johnson: With peddlers restriction. t3 40 i k t C 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1161 A RESOLUTION WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF PROFESSIONAL CONCESSIONS, INC., AS MODIFIED, FOR THE RIGHT TO OPERATE NOVELTY AND SOUVENIR MERCHANDISE CONCESSIONS FOR THE ANNUAL ORANGE BOWL CLASSIC FOOTBALL GAME AT THE ORANGE BOWL STADIUM FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES ON A CONTRACT BASIS FOR FIVE (5) YEARS, WHICH FOR AN ADDITIONAL FIVE (5) YEAR PERIOD UNDER THE SAME PRICES, TERMS AND CONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM AS MODIFIED, BETWEEN THE CITY OF MIAMI AND PROFESSIONAL CONCESSIONS, INC. FOR THIS PURPOSE; FURTHER DESIGNATING CERTAIN AREAS OF THE CITY ADJACENT TO THE ORANGE BOWL STADIUM WITHIN WHICH VENDORS LICENSES SHALL NOT BE APPLICABLE DURING SPECIFIED HOURS FOR THE ORANGE BOWL CLASSIC FOOTBALL GAMES HELD DURING THE TERM OF SAID AGREEMENT, PURSUANT TO SECTION 39-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (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. Mr. Plummer: I like reasonable people) [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF REGULAR ITEMS TO CONSIDER ITEMS ON THE PLANNING AND ZONING AGENDA.] ------------------------------------------------------------------- 20. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION OF AREA BOUNDED BY N.W. 15 AND 17 STREETS, BETWEEN N.W. 28 AND 30 AVENUES FROM DUPLEX RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL (Applicant: Planning Department). Mayor Suarez: PZ-1. Guillermo, we interrupted you before. Mr. Olmedillo: Yes, air, PZ-1 is a second reading. It's a comp. plan amendment that the Commission instructed the Planning Department to bring back a plat amendment which will bring a single family use to an area which was proposed to be duplex and this is between 15th and 17th Streets NW and between 2$th and 30th Avenue. The Department of Community Affairs... Commissioner De Yurre: Mr. Mayor, I'll move this item. Mayor Suarez: So moved. t 14% "Ti%A., I -1 1 read the ordinance into the public record and available to the members of the City Commission and Commissioner Plummer: Let me just for the record ask why the Planning Department recommended against. Mr. Olmedillo: Originally with the comprehensive plan we had recommended the change to a duplex area and that is the same recommendation that we brought throughout instruction by this Commission... instructed by this Commission. We came back with the down zoning in a way, for the down designating from a duplex to a single family. When we first did the study of the area, we saw that several of the properties were already duplexes and we felt from the planning standpoint that it makes sense. By the way, the comments from DCA are contained within your package. Mayor Suarez: Does anyone from the general public wish to be heard for or against this item? Let the record reflect that no one stepped forward. Please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED FOR THE THREE -BLOCK AREA BOUNDED BY NORTHWEST 15TH AND 17TH STREETS, BETWEEN NORTHWEST 28TH AND 30TH AVENUES, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO SINGLE-FAMILY RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCY; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Passed on its first reading by title at the meeting of June 22, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10680. The City Attorney announced that copies were to the public. 21. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - BY CHANGING LAND USE DESIGNATION AT 833-899 N.W. 4 STREET, 430 AND 490 N.W. SOUTH RIVER DRIVE AND 401-449 N.W. 9 AVENUE FROM MULTI -FAMILY HIGH DENSITY RESIDENTIAL (Applicants G & J Investment Corp.) ------ ----------------------------------------------------------------------- Mayor Suarez: PZ-2, Mr, Olmedillo: PZ-2 and 3 are related items. They pertain to the same property and.., Commissioner De Yurre: Move 2. Commissioner Plummer: Wait, wait, where's the applicant? Mayor Suarez: Item 2 has been moved. Before we take any testimony, Commissioner Plummer, if you are going to take testimony or ask questions that might require anyone other than staff, we are going to have to swear them in. Mr. Plummer: Well, I will be asking of the applicant. Mayor Suarez: OK, so why don't we do that, Madam City Clerk? All right, does anyone wish to be heard against the application of PZ-2? If so, step forward and be sworn in. Let the record reflect that no one has stepped forward. We have no motion. Commissioner De Yurre: I withdraw my motion. Mayor Suarez: We have no motion. Commissioner Plummer: I'm sorry, what was the motion? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: Oh, we can have discussion before a motion. Commissioner De Yurre: Better second, because I moved and nobody followed up. Commissioner Plummer: Well, we may or may not move. Mayor Suarez: Why don't you second for discussion? Commissioner Plummer: Second for discussion. Mayor Suarez: Thank you. Commissioner Plummer: Sir, who do you represent? Mr. Gregg Ormond: Mr. Plummer... J Mr. Fernandez: He must be sworn in. Commissioner Plummer: I'm sorry, you have to sworn in. Are you an attorney? nKx Mr. Ormond: Yes, sir. Y; -f Commissioner Plummer: Have you been registered as a lobbyist? I Mr. Ormond: Yes, sir. Commissioner Plummers But you still have got to be sworn in. Hello, Madam Clerk.' r f Mayor Suares: Natty, please swear in the... ` (AT THIS POINT THE CITY CLERK ADMINISTERID REQUIRED OATH UNDER ORAINAXCR NCr 14511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE, ) �� Mr. Ormond: I do, and my name is Gregg Ormond. I represent G & J Investments Corporation... Commissioner Plummer: Who? Mr. Ormond: G & J Investments Corporation, it is a Florida Corporation. They are the owners of portions... Mayor Suarez: Do we have principals listed, counselor? Mr. Ormond: Yes, they are, we've filed. I'm also acting on behalf of some of the owners of the other lots. My client presently owns five, six, seven, eight and a portion of nine, all but the... Commissioner Plummer: How come they are not in blue? OK, so they are contiguous owners. And what are... OK, how long has your client owned this property? - the subject of the application? Mr. Ormond: My client owns those lots I just described. Commissioner Plummer: No sir, the blue. Mr. Ormond: My client does not own the blue. Commissioner Plummer: Where am I lost, here? Mr. Ormond: It's the orange that is under consideration for... Commissioner Plummer: The whole area there? Mr. Ormond: The orange is under consideration for a comp. plan amendment and the zoning change, the two items. Commissioner Plummer: That's over there, so he owns the blue in addition. Mr. Ormond: The blue... Mr. Rodriguez: You have other people involved in the application which are a not part of this. Commissioner Plummer: OK, how long has your client owned this property? -. Mr. Ormand: G & J Investments has owned five, six and seven, for I would say 4- approximately 20 years. They acquired eight, approximately three years ago, and acquired the eastern 45 feet of nine, approximately this summer. The other portions are owned by various people, all of whose names have beenF disclosed and I have authorization to act on their .behalf. We originally i{ } sought simply to have the plan amendment and the rezoning as to the property, which my client did own and intended to acquire as part of this development that the Planning Department recommended,, that for purposes of cohesiveness, that I withdraw my application, only as to the lots, which my client actually _ owned and seek a plan amendment and a zoning change as to the entire block, which we did, got all of their signatures. . The northern portion of, the block , _f is owned by - I'm drawing a blank now - it's a Phillips Hardware Company and Phillips Marine and they are operating a marine hardware. That's most of - s' —j !j that would be lots three, four, three, and two. Then... Commissioner Plummer: Who is Stacey Health Care? Y y Mr. Ormond: Stacey Health Care Center is the tenant which actually operates the facility. Mr, Richard Stacey is here in the audience... " Commissioner Plummer; Are they part owners of the property? Mr, Ormond: - No, they are a tenant. They're a tenant. The owner of he► property intends to do... t Commissioner Plummer: Then why are they listed in here? 3tf Mr. Ormond: Pecoune we disclosed them so an interested a tyr they will haven ; a ease, ; Tttey presently have a 20-year leane or whatevor to romawng their original 20-year lease for the facility to oper,sto tiro Auia,b . J they will be the ones who will be operating the nursing home and be the tenant for the 40 bed expansion. Commissioner Plummer: And this gives them... Mr. Ormond: So 1 disclosed them as an interested party. Commissioner Plummer: What does this increase the floor area ratio? Mr. Ormond: The entire... Commissioner Plummer: Sergio? Mr. Ormond: The entire project meets existing code. There is no application or request... Commissioner Plummer: But it's a higher density. Mr. Ormond: Yes, Commissioner Plummer... Commissioner Plummer: It's a much higher density. Mr. Ormond: The reasoning for that is, prior to the amendments to the comprehensive plan, and a zoning change approximately four years ago, this particular parcel, the southern half of block B was a zoning - had a zoning classification which permitted nursing homes. Mr. Rodriguez: Let me try to answer your question, Commissioner Plummer. There is no increase in floor area ratio. There is an increase from RG-2, sector five, to RG-3, sector five. It changed the amount of uses that will be allowed under the classification. There is no increase... Commissioner Plummer: But how much more density will this allow? Mr. Rodriguez: There will be no increase in density. There is an increase in the number of uses allowed. Commissioner Plummer: Uses only. -_ Mr. Rodriguez: Uses only. Mr. Ormond: The existing use as a nursing home was grandfathered in. Had it not been for a zoning change, which actually split up this block... Commissioner Plummer: Is this a nonprofit zoning - nonprofit institute? Mr. Ormond: No, neither one is. I knew that G and J was not. Commissioner Plummer: All right. Now, you're asking the City to give you and grant you some special favors on that property. What are you going to do for the City? Mr. Ormond: To date, we have done everything that has been requested of us. There has been extensive landscaping requirements and considerations...` rq Commissioner Plummer: No, no, no, that's for your own benefit of your own k property. Now, what are you going to do for the City? j ' Mr. Ormond: Well, the planning department is asking us to make, shall we say, landscaping to the surrounding area and that property which exceeds, per what would typically be required. Y Commissioner Plummer: How much? That much? Only that touch? E Mr. Olm*dillo: No. Just wait... this much. —1.. Commissioner Plummer; See, I do speak Spanish. rq Commissioner Alonzo; , , , quite well, a Y �;. Mayor Suarez: Or whatever language. S 72 R �* r#xxNY, Comaissioner Plummer: Pverything else is Greek. Mr. Ormond: The City Manager has suggested that perhaps... Commissioner Plummer: No, no, no. The City Manager has not suggested anything. Mayor Suarez: You have conceived in your own mind and are now proposing a very voluntary contribution of... Commissioner Plummer: What do you want to volunteer to the City? Since you're getting something, what is the City getting? Mr. Ormond: Would the Commissioner... Commissioner Plummer: No, no, no, the Commissioner be damned. What are you volunteering? Mr. Ormond: I assume at this point I'll probably volunteer my own money since I have no client's approval for. it. Commissioner Plummer: Well, what does your client want to volunteer? Mr. Ormond: let me see if I can speak with one of them. Commissioner Plummer: If you don't understand, you've got some very high priced attorneys here that can explain how this operates. Mr. Ormond: My client would be proposed to make a contribution of $5,000 to the Parks Department. Commissioner Plummer: No, no, no, you make a contribution of $5,000. Is that what I understand? Mr. Ormond: To the City of Miami? Mr. Rodriguez: To the City of Miami. Commissioner Plummer: To the... you just make a contribution of $5,000 to the City of Miami. Mr. Ormond: We would be prepared to do that. Commissioner Plummer: That sounds fair. Mayon Suarez: I'll entertain a motion on the item. i Commissioner Plummer: So move. Mayor Suarez: Moved. 1� Vice Mayor Dawkins: Second. Mayon Suarez: Seconded. Thank you for your voluntary proffer. Any discussion? If not, read the ordinance. Mr. Fernandez: This is now item number two. Item cumber three would have to be read separately. Commissioner Plummer: Mr. Mayor, I would like, if it's with the Commission approval, that this money be designated to a very fine group, the Miami Soys Club.tw Mayor Suarez: Do we need that in the form of a motion? I guess we... r t Commissioner: No, let's just make it part of. �. Hs. Hirai: I need to call the roll..., �'' Ma or`Buarez: Call the roll, with that proviso. h _- AN ORDINANCE - AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 833-899 NORTHWEST 4TH STREET, 430-449 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO MULTI- FAMILY HIGH DENSITY RESIDENTIAL; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of April 27, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre (Note: Although absent at the time of roll call, Commissioner De Yurre requested of the Clerk to be shown as voting with the motion.) THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10681. 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. 22. SECOND READING ORDINANCE: ZONING ATLAS CHANGE AT 833-899 N.W. 4 STREET, 430 & 490 N.W. SOUTH RIVER DRIVE & 401-449 N.W. 9 AVENUE FROM RG-2/5 TO RG-3/5 (Applicant: G & J Investment Corp.) Commissioner Plummer: I'll move item three. Mayor Suarez: Mr. Assistant City Manager, prior to that, would you please give this Commission a recap of all the funds so voluntarily obtained in connection with our planning and zoning hearings, let's say in the last... this particular calendar year, so we have an idea of what the total fund created has been and where the money has gone. -j� ±; Commissioner Plummer: They might run me out of town. : -E Mr. Sergio Rodriguez: We'll do that, sir. We'll send you a letter on that, a memo on that. Mayor Suarez: Please. PZ-3 is a companion item, is it? Commissioner Plummers Move it. —{ Mr. Guillermo Olmedillo: That is correct. 1 �k Mayor Suarez: The zoning alas. Moved. — ©ice Mayor Dawkins; Second. Mayor Suarez: Seconded. Let the record... Commissioner Plummer; Can I ask a question? Madam Clerk, would you research y: and tell me why I voted on item 2 before but I'm not shown as voting on Item 3 before? I'd just like to know why it's not there. If it's an oversight or ;. what? .Y C 94 , ski Ms. Hirai: We didn't print the agenda, Commissioner. but we wi11 research this, Commissioner Plummers Just let me know, please. Read the ordinance. Mayor Suarers Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 401- 449 NORTHWEST 9TH AVENUE, 833-899 NORTHWEST 4TH STREET AND APPROXIMATELY 430 AND 490 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG-2/5 GENERAL RESIDENTIAL TO RG-3/5 GENERAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 27, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Cosnsnissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10682. 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. 23. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION AT 146- 170 N.W. 35 STREET FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL (Applicant: Edward J. Gerritts, Inc.). Mayor Suarez: Item PZ-4. Mr. Guillermo Olmedillo: PZ-4 and five again are companion items. This is for property located at 146-170 N.W. 35th Street and... Commissioner Plummer: Mr. Mayor, if there's no objectors, I want to tell you - that this gentleman came forth and did an awful lot for the City in helping us in our redoing of Clemente Park. They are a very fine firm . and I think that they came forth without even having to volunteer and said, we will help the City of Miami and I will be pleasure to move item number four and five. I'll shove four first. mice Mayor Dawkinsss Second, 4 Mayor Suarez: So moved and seconded. Any discussion? not ,, pls�s)Essa. rsl�►sd the or4inanc+e. Call the roll. POO IR ik5# - 5. t AN ORDINANCE AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR _ PROPERTY LOCATED AT APPROXIMATELY 146-170 N.W. 35TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 27, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10683. 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. ------------------ _ 24. SECOND READING ORDINANCE: ZONING ATLAS CHANGE AT 146-170 N.W. 35 STREET FROM RG-2/5 TO CG-1/7 (Applicant: Edward J. Gerritts, Inc.) Commissioner Plummer: Move five. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Anyone wish to be heard on item five? Let the record reflect no one stepped forward. Read the ordinance on five. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 146-170 NORTHWEST 35 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/5 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION; 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on Its first .reading by title at the meeting of July 270 1989, vas taken up for its second and final reading by title and adoptoa., Qn motion of Commissioner Plummer, seconded by Commissioner Dawkins,. the may` Ordinance was thereupon given its second and final reading by title 404 Passed' and adopted by the following votes >t' s AYES: Commissioner j. L. Plummer, Jr. Commissioner Miriam Alonso a- Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. - ABSENT: Commissioner Victor De Yurre '- — THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10684. 1 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and - to the public. i Mayor Suarez: I take it, Mr. Assistant City Manager, that items 6 and ? are _ _ Planning Department items. a_ s Mr. Rodriguez: Right, they are. 3- r` Mayor Suarez: OK, let me pass over those. Let's hope we can get back to !_ — them. - Mr. Rodriguez: Well, they're planning department items that were at the i request of the neighbors from the area. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER A NON -AGENDA ISSUE.) 25. DIRECT CITY ATTORNEY TO INVESTIGATE ALLEGATIONS MADE AGAINST PRESENT _ — ADMINISTRATION OF THE CUBAN MUSEUM AND, IF VERIFIED, TO PROCEED WITH — PERTINENT EVICTION PROCESS. i Mayor Suarez: OK. I had especially designated the item on the Cuban Museum for 6:00 p.m. I have a few planning and zoning items that are scheduled for after five. I think in view of the fact that they attended here, the last "- _ - Commission Meeting, expecting to be heard and we didn't get to that item, I guess J. L. you made a motion during the day which essentially, from. -our — understanding, took care of their particular concern of the Cuban Museum. Commissioner Plummer: Mr. Mayor, that's absolutely correct. There were _ people who came to me and brought to me what was possibly or alleged to be violations of a contract. And I felt that it was only right that those matters had to be resolved, to turn it over to the City Attorney at that time, _ which is all I think anybody could have done if, in fact, the matter was to be heard. And that's where it stands. The matter was turned over to.the City r Attorney. — Mayor Suarez: OK, and is the City Attorney, prepared to make to us a report 5 and recommendation on that? -or, at least a report? Mr.,Jorge Fernandez: Yea, we are, sir. Mayor Suarez: OK, and then, Margarita, what I'll ,do is hold you no. that ran get and complete the planning and zoning agenda where people, a1ao. ave ., boon waiting somotimee for more than one Commission Meeting. Let's say, hold 5 r you, the total presentation, that I know you want to make in addition to SF 4. whatever consideration we give to the City Attorney's posture on it, to -ion. minutes, maximwn, and when they start, please hold them to that. I don't � a k. think there's anl►kody from the existing.boarde is hero? Ms. Margarita Ruiz; haven't seen any, f z. F .' — F: rF.-'•,� _.mid. a Mayor Suarez: OK, are you an attorney, air? UNIDENTIFIED SPEAKXR: No, air, I'm not. I'm the administrative director. Mayor Suarez: Very good. OK, so I just reduced your time to - because we really would... Me. Ruiz: But he's an employee, he's not a member of the board, and I resent that. Mayor Suarez: OK, her name is Margarita Ruiz, she resents the person that just stood up being identified as an administrator of the Museum. You really shouldn't because, you know, he has the right to be identified and to be heard from. I think in fairness, we're then going to have to hold both sides to six minutes, which is three times what the code provides for any presentation when we get into that. Mr. Assistant City Manager - I mean, Mr. City Attorney, how are we doing on the legalities of this situation? Mr. Jorge Fernandez: We're ready to respond to any question. Mayor Suarez: Are they in technical breach? Mr. Fernandez: No, they are not, sir. Commissioner Plummer: Excuse me? Mayor Suarez: No technical breach? Not even a minimal breach? Mr. Fernandez: No, sir. At best what this Commission could find is that there may be a change of direction from that which was originally articulated by the original - or by the museum. But that does not constitute a breach in any manner, shape, or form of the existing contract between the museum and the City. Mayor Suarez: In which sense is there a change in direction? In which sense is it stated in the agreement that they're supposed to be having one orientation or direction and they have not - apparently not stuck to that or... Mr. Fernandez: It's a matter of interpretation to the extent that in the _ —_ past, as a matter of course and practice, they did not charge admission and that as of recent, from evidence that was given to us to look at, they have begun charging a fee. To that extent, that may be considered to be a change _ of direction or orientation, if you choose to look at it that way. However, that, in itself, does not constitute a breach of the contract. Mayor Suarez: And there's no reference in the whereas clauses or anywhere else in the resolution that to this being a totally open to the public —� institution? I thought you had told me that there was. Mr. Fernandez: There is, and as you well know, the language that is containing the whereas clauses are not as positive. They merely give you a y; legislative history or background... Mayor Suarez: What is that language, if we may have it, on the record? Mr. Fernandez: And that is, that "whereas the lessee" - and thin is, by the way, found in the resolution that approved an amendment to the original- lease - it says, "whereas, the lessee has demonstrated that it provides a unique public service free of cost in the presentation of art, exhibitions,' lectures, and concerts for the community and" - and then all the other.Gy. whereases continue. But in the despositive portion of that resolution,' as - well as in the underlying agreement, which I presented to you, or.ia the n original agreement itself, there is no language that contains any lane referencing charging or not charging of a fee. Ms. Ruiz: Mr. Mayor... sy. Commissioner Pluwar: Excuse me, let ask this... Mayor $uarox: Before we get to the presentation, lot's see what the Commissioner want to inquire. ' 9$, O�#'{ FY r Commissioner Plummer: Obviously, what you're telling me, it's not breach of the contract as to the lease of the property. Mr. Fernandez: Correct. Commissioner Plummer: It then, in my estimation, would be a breach of good faith between that amendment and this Commission if, in fact, this I'm assuming, you know, everything in life we assume - that this picture was taken at the museum. I'll assume for a fact, that it was and there is a $2.00 admission sign on the door. So then, I've got to assume what you're saying is, it was a breach of faith between the presenter and this Commission. to that correct? Mr. Fernandez: By any other name, it would be what you may also consider a change of direction or orientation which is provided for. Now, the remedy for that, under the contract, is that the City then, the City Manager, must put the museum on notice that we interpret them to be acting out of step with what we had intentionally or what we had agreed upon, not only in writing but also in spirit, at which time they will have an opportunity to correct, or request that the Manager approve that change of direction or orientation which they need. Commissioner Plummer: Well, you see, I'm one of the ones that was around in the inception. And one of the reasons we did what we did for the record, the rent which we collect from them, we, in turn, turned around and gave to them as a grant every year. You recall that? OK? And the reason we did that was because it was going to be free and there would be no admissions charged that they did not have the opportunity for revenue from an admissions and that's why we gave them the grant. Now, has that been changed or is that still in place? Do we not give them a grant every year? Hello? Mayor Suarez: Yes, I think the mechanics are described correctly as you did, Commissioner. Vicky Leiva, Esq.: Excuse me, Vicky Leiva, Assistant City Attorney. In fact, with the lapsed extension of the lease, we agree to allow them to hold back, is the term that was used by the City, that portion of the rents that they were due the City. So, you're quite correct. Commissioner Plummer: OK, but in other words, in effect, I was correct. Ms. Leiva: Yes, you are correct. Commissioner Plummer: My statement is, that in lieu of, they paid us rent and then we gave it back to them in a grant. - Ms. Leiva: Correct. - Commissioner Plummer: And that was predicated on their not having a source of revenue from admissions. Ms. Leiva: That appears to be the intent of this Commission. Commissioner Plummer: And yet, now we're turning around and we're seeing that an admission is being charged. Now, if that's not a breach of contract, then y I assume what you're saying is, that there has to be a determination made _ because I don't think this commission has made any change in policy as to.them having the opportunity to charge an admission. Because if they are, then why' give them a grant? Ms. Leiva: Then that would constitute, according to your interpretation and the intention, a change in service or orientation and at that point, there a clause which is a material term of that lease which allows the City,Managor to then put them on notice as the City Attorney has mentioned that this Commission considers that to be a violation of that particular clause dealing with their change in service or intention or orientation. . And,. there ,prey they would have ten days to come back to the City Manager and elthex request permission to charge that kind of admission or inform us that they gillQ =, longer charge admission and, therefore, they would correct the violation. 99 4t Commissioner Alonso: And what about the length of time they were charging The length of time that they were in violation because they were actually charging when, in fact, they were not supposed to? Ms. Leiva: That would be... Commissioner Alonso: We put them on notice now... Ms. Leiva: We put them on notice now. Commissioner Alonso.- ...but what about the length of time that they have taken advantage of the City good faith that they were not charging? That has been an extended period of time in which they were doing so and we - correct me if I am wrong - we don't have any item in that contract that states that they have that right, do they? We have the good faith that they were not charging any fees, but, in fact, they were. Now, we put them on notice, but what about the time in between the time that we did not know but they were actually charging all that period of time? Can we identify the length of time and, therefore, make at least, them responsible for rent to the City of Miami for the length of time that they were charging some fees when, in fact, they were not supposed to be charging any fees whatsoever. Mr. Fernandez: The contract does not provide for that kind of remedy. What the contract provides is that once it comes to the attention of the City or the City Manager, then the way to remedy any violation or any changes in directions or orientation, is to follow the process that we have established. That is the way that the contract read and to find - or to give remedy to a situation that has been done wrong, we are bound by the language of the contract itself. So, this is really prospective. The fact that they have, for a period of time, weeks or months, been doing this is what gives rise to your being able to find here, as a matter of public record finding, that they have changed their orientation and then prospectively, through your City Manager, inform them that that we consider to be a violation of that clause. For them to cease and desist and refrain if the City Manager decides that that is, in fact, what the situation calls for. Commissioner Alonso: Right. Do we have... Ms. Ruiz: Mr. Mayor, can I make a... Mayor Suarez: OK, we're going to you in a second. Commissioner Alonso: Do we have, in fact, any avenue as to say since they've been charging, and we have proof and pictures and publications in the newspapers and so forth, do we have any avenue in which we can penalize them for the action they took in charging an admission when, in fact, they were not supposed to, and we gave them this rent free provided they were going to give these also the services free to the public. Ms. Ruiz: Madam Commissioner, can I add something to that? Mayor Suarez; Wait, if that's a rhetorical question... `> z;z Mr. Fernandez: Yes, the answer to your question, Doctor Alonso, is no. The language of the contract, the contract that we have, the four corners of the contract, precludes us from doing that. Commissioner Alonso: Can we put them on notice that we having no intentions of renewing this lease to them provided that... (Applause) X: Commissioner Alonso: ...they have violated the faith of the City of Miami y, that have given them the trust that were not going to charge any fees for these events. t, Y Mr. Fernandez: Yes, ma'am, you have the absolute right to put them on not��Ce that when the lease terminates, absent any other potential violation that thOy may incur in the future, that upon the lease period terminating, they're out. T rz You certainly can. ComAaissioner Fluoamer: Weil, let ate tell you... F q Y x , r 10�Y.. t L r Ms. Ruiz: Mr. Mayor... Mayor Suarez: Please. Ms. Ruiz: ...there is another violation. Commissioner Plummer: Ho, ho, ho, ho, you'll get your day. You'll get your six minutes. My concern, and I understand what Commissioner Alonso is saying, and that's, of course, our option at the time that the renewal is up, I think. But it's not up until 191. Now, how do we tell them that you made, before this City Commission, a good faith promise of not charging admissions and that you are and how do we tell them that you can't do it? Because, obviously, they didn't listen before when they made the proffer and they turned around and did what they wanted. Mr. Fernandez: Yes, you do that through your City Manager and it must be done in writing and they have a period of time to respond and then, if after the City Manager informing them that he has found this new practice of theirs to be a change of orientation, which, in his opinion, unless they cease desist, constitute a violation of the contract, then, at that point in time, we may be talking about something else. Commissioner Plummer: What is that something else? Me. Ruiz: The violation has continued. Commissioner Plummer: Wait a minute, please. Please. I pay him a hell of a lot of money. Let me get my money's worth, if it is possible. Mr. Fernandez: At that point in time, then the City Manager will come to you with a finding of fact that not withstanding his better efforts with the museum to get them to live up to their promises both contractually as written and morally, as understood between them and the like, then that may give rise to a cause of action for eviction. Commissioner Plummer: Thank you. Mayor Suarez: Okay. Let's start counting and, if, in view of what has been said you can shorten your presentation, we would appreciate it. In any event, otherwise you would have six minutes and so would the opposing side. Margarita. Ms. Margarita Ruiz: I would like to say that the spirit of the contract ... _ Mayor Suarez: Would you put your name and address in the record, please? Ms. Ruiz: Margarita Ruiz, 526 N.W. 23 Place, Miami. The spirit of the contract has been blatantly violated by the present administration of the museum but on July 14th, this City Commission put the museum on notice for having sold paintings at the museum during the first auction and during the second auction for having them picked up at the museum and the transaction of money done there. In December of 1988, the museum sold again art works and it was in the paper and the wife of the City Manager is a member of that board, so I assume the City Manager was aware of what was happening in the museum. So I do feel that there was a contract that was once again violated and that should be breached today because of that. I have given this to you once before and I would like to pass it onto you again. They sold some Christmas artwork. Mayor Suarez: So we keep the time straight, Mr. City Attorney, would you, if you're able to, at the and of her presentation answer that particular allegation as to a breach after we gave them prior notice? Ms. Ruiz: But I think that the most important thing is that this museum weds.. granted to be representative of the Cuban Exile history and that it wAs give#, because this Commission recognized that it represented what the City of Miaatj citizens and the citizens in south Florida wanted this museum to be, For it to have the support of the community, I handed out two, I came with five but everybody was .:so excited that I don't know, ,what happened to igyi9 ,g Americas, but today we have the support of 22 organisatiosi+e, C1 CO3, dAd 40 the list this morning,, They vere not able to get $4 the 4eFwAp�lpor,. — i0lat ��t .i Association de Vendedores de la Florida, the State of Florida Salesmens' Association also joined. We have over two hundred signatures of people asking this Commission to put an end to something that has been an eyesore for the community and a point of pain because it does not represent what this Community wants. It does not represent what the museum was intended, to be a place that our history and our roots were represented for all of us to participate in. I don't know if you saw a recent publication that was here on the Commission floor and Luisa Garcia Toledo found it the other day where they are arbitrarily saying that they are going to redo the historical halls. They say that they are using the report organized by Dr. Decendigui, he has denied granting them this right yet they come out in the papers saying this. And this is all the manipulation that has been going through the press by this group of individuals who is a minute group who are not representative of the community. Unidentified Speakers Margarita, excuse me a second. Based on what that article says, if that is correct that paintings were sold at the museum, contrary to, and now I think we're in our ball park, when this first came up which was over a year ago, that it was brought to this Commission, we did not have any legal standing to get them evicted from the building and Lord knows we tried, at least I tried. We sent them the ten day notice to cease and desist from selling. Now based on what I understand the law to be in this scenario, once they were warned, if they ever sold again subsequent to that, then they were in a position that we could revoke their lease. Mr. Fernandez: The City Manager is the person that the lease names as the person who makes those determinations. On June of 1988, we prepared a letter for the City Manager's signature which, in effect, told the museum that accordingly, auctions or sales of art objects are not to be scheduled on the premises without the prior written approval of the City Manager. That doesn't mean that the City Manager at that point in time made a finding or precluded them from conducting such activities any time in the future. It merely put them on notice that for them to do that, they had to come to him and ask his permission solely. Commissioner De Yurre: So are you telling me then that if Mr. Odio, and I would like for him to come down here and let's get this thing on the record right now, if Mr. Odio did not grant the permission for which this article is alluding to that they sold 25 paintings there then they are in violation of the lease and subject to being evicted? Mr. Fernandez: Okay, we've also stated on that same letter that we presume went out to the museum, that the City Manager is required to approve any advertising or signs and the facilities pursuant to Section 18 of the lease. "Please comply with the provisions of this letter and govern yourselves accordingly in order to avoid any possible lease defaults." Commissioner De Yurres What are you telling me? Mr. Fernandez: What I'm telling you is that so much of this depends, my legal opinion, on what my City Manager has done in this regard. Commissioner De Yurres Sergio, are you getting Mr. Odio? Ms. Ruiz: Mr. City Attorney, on July lkth ... Commissioner Plummer: Can I ask you a question, please? Is Mr. Carlos Luis, is that you, sir? Is he present? Ms. Ruiz: He was fired from the museum, they had no funds to pay his salary. Commissioner Plummer: Maybe that's the reason he was fired. Y Mayor Suarez: He just asked if he was present, that's all. Commissioner Plummer: I'm sorry, I just wanted to know if these statements were made by Carlos Luis, if, in fact, I don't want him to stand up and say that he was misquoted. That's the only thing I was trying to do. Vice Mayor Dawkins: Mr. City Attorney, I'm confused, as usual. I hear y9l!._. say that even though this Commission Put the entity On notice# that it dig! Aot want this Commission did not want it to sell paintings anymore and they W44 102 pecombor id,` . '94.9. �.,,... ahead and sold paintings and now you're telling me that even though they sold the paintings in violation of the direct response from this Commission; this Commission cannot do anything because the City Manager did not tell them that they did wrong. Is that what you're telling me? Mr. Fernandez: No, that's not what I'm saying. Vice Mayor Dawkins: Well, I'm confused. Mr. Fernandez: What I'm telling you is that by the very terms of this lease, the person who makes or who calls the final shots by way of interpretation..4 permission or denial of permission is the city Manager. This Commission expresses its will and communicates it to the Manager, the Manager implements it. So what I'm telling you is that we don't know what the City Manager did in regards to that article that alleges that in December of 1988 art work was sold. Commissioner De Yurre: Well, he's right here and I'm sure he's going to clear the air for us right now. Cesar. Mayor Suarez: Do you want us to restate the question, Mr. Commissioner De Yurre, or do you want me to restate it? Commissioner De Yurre: Yes, it is my understanding based on a newspaper article, show it to Mr. Odio so we can make reference to it - that paintings were sold at given time at the museum and my question is whether as required l by the lease agreement and by the letter that was sent to the people in charge of the museum, whether you gave them permission in writing to make that sale. Mr. Odio: No, I don't remember seeing this. Commissioner Plummer: No, wait a minute. Go one further. Did you in your letter tell them to cease and desist as to what they were doing prior? Mr. Odio: I don't have a copy of the letter here. Commissioner Plummer: Your recollection. Mr. Odio: My recollection is we told them that in order to have any other a auctions they would have to ask permission from the City Manager. Commissioner De Yurre: Any other sale? Commissioner Plummer: And to your knowledge, they have not asked for such permission? - Mr. Odio: NO.- — Commissioner De Yurre: Okay, well, based on this information, I move that the City Attorney's Office take the appropriate steps to evict the present tenants of the Cuban Museum. ;z Commissioner Alonso: And I second. s Mayor Suarez: So moved and seconded. Margarita, if you want to make any 4� concluding statements then we can hear from the opposing group. t' 3 Ms. Ruiz: All we ask is that you give the building to the National Cuban Museum in Exile which are the original founders of the museum. z Commissioner Plummer: Whoal, Don't put the cart before the horse. Mr. Odio: Xavier, can I be excused? I'd rather not get involved. 4. .* Commissioner Plummer: Yes, and let's put it on the record because thero hgve {" been some overtones made to me. No, let me put it on the record..:, Okay?� That the City Manager in the g previous hearings excluded himself from thdae ' hearings, he designated someone also from his office to do the investigation, The Manager told me this morning that he was going to excjudo.hUM01booawe he was- fully aware his wifo was a member of the board and that, he ::would *ot: P43'tWWO in these hearings, In my e0100tion, anybody, thatl -44forwtim,t ,the t;• City Manager has not been up front I will find objectionable. } 103 _� - ...-t+.-.:-.,...m,... _ — ^--,.,.s^ri-.,-•-;- �+--a w: �e,rat'*e^a+afi ..5'�a+wp�;, [I= Mr. Odio: She did. ... Ms. Ruiz: I did not object, I said that you would have known about it because your wife was part of the board. Mayor Suarez: The problem is, Mr. Manager, the problem is that despite all of that, the lease specifies apparently that the Manager is, in effect, not only the manager of the City but also the manager of this facility in the sense of making sure that the terms are complied with. We probably should have at that point made a substitution if we could legally have done it. Could we have done that? Commissioner Plummer: He did it. Mr. Odio: I did it. Mayor Suare;t: ... Could we have designated someone else in the lease instrument to be the person in charge of administering the lease other than Mr. Fernandez: The City Manager, anything that you delegate to the City Manager, the City Manager has the inherit authority or power ... Mayor Suarez: Could we have designated someone other than the City Manager so j that he would not be in a position of conflict or whatever? Could we have E designated the City Attorney or anyone else at the time, Mr. City Attorney? Commissioner Plummer: No, I'm saying is that his findings have to come to us for final approval. I don't think the Manager is going to evict anybody with it. Mayor Suarez: That was a mechanism for them getting his approval and I'm just asking if someone else could have been designated. Mr. Fernandez: The terms of the lease, which is a two-way agreement, establishes that it is the City Manager, presumably to modify a lease which is a two-way agreement, you would need the other side also to consent that the determiner of significant events and issues could change. Mayor Suarez: I'm sure that the other side would have agreed at that point, I`,, would have at least taken him out of the difficult predicament of being the person administering a lease where there is at least allegedly a member of his family, a close member of his family involved. Mr. Odio: Commissioner Plummer is correct that I did exclude myself ... Mayor Suarez: I remember that. Mr. Odio: ... from any participation in this emotional issue. Mayor Suarez: I remember that, but unfortunately the lease makes reference to the .Manager. We have a motion and a second. Do you want to conclude your Pw remarks because we want to hear ... Commissioner Plummer: Wait a minute, whoa, whoa! Mr. Mayor, please, in the interest of fairness, I've got to hear from the other side. I've got to hear from them and let them make their ... Mayor Suarez: That's where we're headed, Mr. Commissioner. Commissioner Plummer: Oh, I'm sorry, I thought you were calling the vote. L` Mayor Suarez: No, no, absolutely not. Do you want to just finish up your comments remembering that there is a motion now that presumably does what you want and that we have a saying around City Hall when momentum is on your side you'd best be gone, His. Ruiz; We just want to say that based on the repeated violations of the contract and the clear technicalities, that the present board be svictad frsua. >` the museum and that we appreciate the support of the City of Miami-C(g*isxi,04 f� to that effect. , { j Mayor Suarez: Okay, thank you for your statement. Gentleman that is presently, administering the museum. Madame City Clerk, also restrict him to six minutes, please. Mr. Osvaldo Monzon: Good evening, my name is Osvaldo Monzon, my address is 6703 S.W. 25 Street. First and foremost, I'd like to say to the remarks of Ms. Margarita Ruiz, she made a comment regarding the supposed violations. It has not been proven, as far as my knowledge is concerned, that there has been any violation. The sign that has been in that photograph has been placed at that same wall for the past three years, even long before the 1988 resignation of some board members. There has been discussion among the board members as to admission charge. It has never been enforced neither before nor after. We have accepted donations if anyone at any time wanted to make them. Our deposit records will show the amount of moneys collected and they are minimal. Most museums in the State of Florida and Miami charge an admission, ours, I think has been established at two dollars on a voluntary basis. No one has ever been rejected from coming into the museum for not paying those two dollars. As a matter of fact, we can bring you records of people, many of them in the hundreds that have never paid those two dollars. We have reviewed the lease and do not believe that it prohibited us from charging admission if we did. We would like this opportunity to clarify with the City their interpretation of the lease and, as always, we will cooperative. Finally, I would like to point out that the City of Miami has conducted two audits, a request of the people who belong to the Cuban Museum Rescue Committee. At the same time, the State of Florida has also conducted an audit. The Federal Government as well conducted an investigation and the museum at all time has been clear of all accusations. Let me make that perfectly clear, we have not been in violation of that lease. So this request today, I think, constitutes asking for a fifth investigation of the museum and a third investigation by the City of Miami. But as in the past, the Cuban Museum will cooperate to the full extent with this Commission. That is all I really have to say. Commissioner De Yurre: Just to clear a point, we're not asking for another investigation. We're asking for termination. Mr. Fernandez: Mr. Mayor, do I understand your motion ... Commissioner De Yurre: My motion is based on the evidence that I have here and based on the evidence given and the testimony given by Mr. Odio that he — did not in any way fashion or form approve the sale of paintings at the museum'" as it was required per the letter that we sent them warning them to cease and desist from any further sales at the museum, that there is ample ground to find them in violation of their lease, and, therefore, I'm directing in my motion the City Attorney's Office to proceed with the eviction proceedings. That is my motion. Mayor Suarez: Did the motion include a request for the City Attorney to determine if there are grounds or is it indicating that ... Commissioner De Yurre: Obviously there have to be grounds, but based on this Mr. Fernandez: What I would like, Mr. De Yurre, would be to, in fact,,because — " what I'm reading to you, I'm reading from my records which are unsignedfit -s letters or documents. I'm reading to you from a document that I prepared for the City Manager. In order for me to ascertain that we have legitimate grounds to proceed with a filing for a complaint and eviction, I would need to a have proof that I have all the documents and, in fact, I need to corroborate - by way of an audit so that I can make proper allegations that, in fact, the sale took place. Commissioner De Yurre: Whatever needs to be done, you do it. Whatever needs to be done, you know how to do it, you take care of it. _ Ms. Ruiz: This gentleman has also recognized, for the record that the - admission of two dollars has been there. He said that it is there, therefore, !, when you have a sign it is because your charge, therefore, it was a violation of the contract. Mr. Fernandez: No, no. } P ' .yC`. 105 Voceebe►r 14, 1949 { Mr. Monzons It is not a violation of the contract. Mr. Fernandez: I understand that the request to file a notice of eviction is based on the fact that a sale took place after we had put them on noticei not necessarily because of the charging of admission because we have predetermined for you that the charging of admission without more does not constitute a violation. Commissioner Alonso: Let's put it this way, Mr. Attorney, we cannot continue to send messages in this community that we have a contract and people violate the contracts with the City of Miami and we sit here and do nothing to correct whatever is done so it is about time that we take a step to correct this. (Applause) Mayor Suarez: Please. What - if you know - what did you understand the sign that said, Admission Two Dollars, to mean, if not that if you didn't pay $2.00, you wouldn't be admitted, I mean... Mr. Monzon: No, sir, the sign is up. It is an admission charge of $2.00. Nonetheless, for the Commissioners and for this group of people here, I'd like to let them know for their peace of mind, that it has not been enforced. Mayor Suarez: You know, I have a tough time with that because I've never been to a place that says, Admission Two Dollars, that's it's optional. Unless they tell you that it's a donation or tells you that it's optional. I - another question... Commissioner Plummer: I have another question. Mayor Suarez: Yes. Commissioner Plummer. Commissioner Plummer: Sir, are you aware and in receipt of the letter sent by the Manager a year and a half ago telling you to cease and desist from further sales without his approval? Mr. Monzons Not personally, sir. They must be. Commissioner Plummer: Are you aware that the museum has it? 9991 Mr. Monzon: Yes, sir, I am. Commissioner Plummer: You are aware. Mr. Monzon: Yes, sir. Commissioner Plummer: And it was clear and understood that that order to cease and desist was given to the museum. Mr. Monzon: Yes, sir and as far... may I? Commissioner Plummer: Surely. Mr. Monzons As far as - to my knowledge - I think we have ceased and desist all sales without prior... 4{p Commissioner Plummer: OK, you could be right, air, but this article in the Miami Herald which we don't say is the gospel, says that there is a difference. Mr. Monzon: ...without prior permission from the City. 1}+ Commissioner Plummers And the Manager has indicated he did not give that approval and he's the only one that was empowered to do so is what understanding. Mr. Monzons Very well, sir. t Mayor Suarers OK, now, we have another little ,question here. Mr. Asstat#At k, City Manager or Mr. City Attorney, somebody, if the Manager., whist time disc . the Manager exclude himself from all these proceedings? -was it botoro thot ; letter was sent which indicated that any.., read the wordiAgi< i:hh+ letter .ns to what permission must be obtained, what approval must be obtaihed. 100 Mr. Fernandez: Accordingly, auctions or sales of art objects are not to be scheduled on the premises without the prior written approval of the City Manager. This letter was dated June blank, 1988. That's the draft that I prepared for the City Manager for him to forward on. I don't know exactly what date that letter went out. That's why I'm reading it to you as I have it in front of me. Commissioner Plummer: Well, they have acknowledged receiving such. Mr. Fernandez: Yes, sir. Commissioner Plummer: That's right there. Mayor Suarez: I wonder who they were supposed to go for approval if the Manager had excluded himself from the proceedings? Commissioner Plummer: The City. Mayor Suarez: Someone else that was designated. Was someone else, in fact, designated? Mr. Rodriguez: My understanding is that the City Manager, after the letter was signed and sent, assigned Miss Hattie Daniels to continue the review... Mayor Suarez: The auditing process and everything else. Mr. Rodriguez: ...of this auditing process and so on. Mayor Suarez: And as a responsible person under the lease. Mr. Rodriguez: That's my understanding. Mayor Suarez: Is it our understanding as a City now, that Dr. Daniels did not get such a request? Did not approve such a request as to what we see here in the paper that took place sometime around the 25th of December? An auction or sale? Mr. Rodriguez: I couldn't answer that. Mayor Suarez: And, by the way, wasn't there an issue as to the location that an auction or sale could take place? And that, in fact, the determination is that it could not take place in the museum property. Mr. Fernandez: Correct. That would be the only. place where, in fact, the�3 City would have any jurisdiction.Y Commissioner Plummer: Well, the contention before - let's remember history, OK? The contention before was that the sale took place at Peter and Paul cafeteria and they just merely went over to pick them up at the museum. This article, if correct, states that it was sold on the premises of the museum. Now, here again, I'm not stating that the Herald is always 100.percent-'factual but that's what the article and the allegations say. a Mayor Suarez: Sir, have you been... what is your title now? r Mr. Monzon: Administrative director. m; Mayor Suarez: Have you been administrative director since 1988? Mr. Monzoni No, air, I have not.fK r Mayor Suarez: Were you, in any way, involved as an agent or off icor of the museum on December 25th - on or about December 25th, 1988? u Mr. Monzon: No, sir, I was not. 5 Mayor Suarez: Are you able to tell us, from your own personal knowledge,'if, in fact, a sale or auction took place its the promisees around thLe time,1 11 11its_' repro seated by this article? Mr. Monzoa t No, felt not, air • 5 Cyr 107 1 54di +`x Mayor Suarez-. OK, Commissioner, is your motion that if that the City Attorney must first ascertain whether these facts, as alleged - or were occurred as alleged, and then proceed or that you have sufficient facts before you to factually make that determination and wish them to proceed already? Commissioner De Yurre: I would like for him to proceed already. (Applause) Mr. Fernandez: Well, as a matter of course and a point of order... Mayor Suarez: Please, please, please) Mr. Fernandez: ...I will certainly proceed and follow the orders of this Commission, but as an attorney, and you, as a fellow attorney, and you too, Mr. Mayor, I need to swear to or I need to sign my name to the verified complaint that I file in the Circuit Court for the eviction of the Cuban museum and I need to ascertain and make sure that, in fact, the proof that I'm adducing is, in fact, competent substantial. Commissioner De Yurre: I think that once you file, all you got to do is to depose Mr. Carlos Luis who is quoted here as saying that the artists produced 30 small drawings and by Friday, the museum goers had bought 25 of them at $25.00 a piece. Mr. Fernandez: Yes. Commissioner De Yurre: That's $625 went into the museum coffers and that's Mr. Carlos Luis and... Mr. Fernandez: Yes, I have no problem in doing exactly what this Commission asked. All that I'm telling you is that I must ascertain for myself and be satisfied of the - which should be no problem at all. This should serve as sufficient notice. — Mayor Suarez: Why this should be a verified complaint? Mr. Fernandez: Not verified, but I sign all the complaints in which the City — is a plaintiff and the better practice for ethical attorneys is to know the subject matter of that which they're complaining about. i Commissioner De Yurre: OK, yes. _ Mayor Suarez: And you would be able to sign a complaint as requested by this motion? Mr. Fernandez: Yes. _r Mayor Suarez: Or you would... Mr. Fernandez: Well, with the type of investigation that I'm suggesting to you that I will do, yes. —i Mayor Suarez: Will you allow that to be part of - the proviso part of your �i motion that he should carry out all of that before he files suit? Commissioner Plummers Or here again, you know, we're talking about a lawsuit. " I would hope that if the City Attorney and the City Manager put forth a letter- or notice of eviction, they would evict. Now if, in fact, that's doesn't happen, then you go to court. ..{ Nk j — Mr. Fernandez: That's right. ZN Mayor Suarez-. It's a lawsuit to evict. It's a lawsuit to evict." µ Commissioner De Yurre: First of all, you've got to send them - are we under. �4 that three day notice rule in this scenario or mot? ti Mr. Fernandez: This is not residential, this would be considered, perhaps,, 7 commercial. I don't think that the three dap rule for eviction is this t ea # : of situation would real) be applicable. y I would need to look at the ptat4,, �. . 0cb�� i Q t _'5A}� S F. s Commissioner Plummer: OK, let's put it this way. investigations and then file suit for eviction. Two weeks to do your Mr. Fernandez: I have no problem with that, even doing it sooner. Commissioner De Yurre: Great, that's my motion. Commissioner Alonso: And I second. Mayor Suarez: So moved. Mr. Manager, I mean, Mr. City Attorney, would you, if indeed any of the fact alleged do not bear out in those two weeks, at least notify me - I would suspect other members of the Commission would also want to be notified. But, at the very least, notify me. Mr. Fernandezt I certainly will. Commissioner Plummer: Mr. Manager - Mr. Mayor, for the record... Mayor Suarez: Because I will call a special session, if that were the case and if anybody shows up, that's one thing. If they don't, that's another thing, but I would want to reconsider our action if... Commissioner De Yurre: Well, let's put it this way. If it shows different that we don't have a leg to stand on, then you hold off. Mayor Suarez: That's what I'm saying. Commissioner De Yurre: But if, you know... Commissioner Plummer: Mr. Mayor... Commissioner De Yurre: ...what we see here bears out, then just continue with the lawsuit. Mayor Suarez: A two week period is adequate time for him to investigate, at least get back to us and otherwise proceed. Yes, Commissioner Plummer. - Mr. Fernandez: Yes. Commissioner Plummer: Mr. Mayor, for the record, I will be voting affirmatively. But in no way is my affirmative vote to tell the City Attorney to do anything other than the legal prescription of law of what he is to do. There's no question in my mind, based on the evidence presented, what should be the final answer. But I am not telling the City Attorney to take.what's in my mind to proceed. He has legal procedures. If you don't do it, all you could be doing is to get into law and take even longer to do what I think will be done. But, Mr. City Attorney, speaking for one of this Commission, you do exactly what is prescribed in the law and that's how you shall proceed. g' Mr. Fernandez: Thank you, sir. Commissioner Plummer: So moved and seconded. Any further discussion? If �r �* not, please call the roll, 4 The following motion was introduced by Commissioner De Yurre, -who moved , Y� 7y its adoption: MOTION NO. 89-1162 A MOTION DIRECTING THE CITY ATTORNEY TO INVESTIGATE h i ALLEGATIONS MADE ON THIS DATE AGAINST THE PRESENT ADMINISTRATION OF THE CUBAN MUSEUM] FURTHER INSTRUCTING THE CITY ATTORNEY TO PROCEED WITH PERTINENT VERIFICATION OF STATEMENTS MADE AND FORMAL INSTITUTION OF EVICTION PROCEEDINGS. Upon being seconded by Commissioner Alonso, adopted by the following votes K of J1. t the motim gars pawed end , 11 i AYNS: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENTS None. (Applause) Mayor Suarez: Please. Please. OK, PZ-6 is the next item on the agenda. Mr. Guillermo Olmedillo: Mr. Mayor, PZ-6 and 7 are companion items and this is the Bay Vista Marina. This is City property and its proposed to be redesignated for a park and... Mayor Suarez: Wait a minute, Guillermo. As soon as we clear the chambers, I want to see if the other group that is here demonstrating, if somebody wants to make a statement, we have the practice, when a large group shows up at City Hall. In the meantime, I saw Miguel there. I just want to congratulate you for a fine article. That was a brilliant, very well written article in the Miami Herald or E1 Herald, I forget which, having to do with racial relations and going back to the early 60's in this community. Who is this from? Willie Gort just gave me that. Somebody wants to say something. Who is that from? Chance to speak. Ask Willie, right there, the photographer who gave him that. I would assume, Fernando, please come up to the mike. Yes, please. I would assume that Officer Lozano does not wish to make any kind of a statement that he's here in solidarity with the rest of the group. Is there anyone that wants to make a statement? Mr. Fernando Cerrato: I don't know, I just come in a few minutes ago. Mayor Suarez: OK, sorry. OK, if there's anyone that wants to make a quick three minute statement on the reason for your presence here. I presume again, Officer Lozano would not want to make a statement, but if he does, he's welcome to make it. We're in session, please, please, reporters. We're not going to make a circus of the City Commission. Dr. Jane Theede is indicating that if somebody speaks on this issue, you want to speak too. Oh, my Lord. The item is not on the agenda, so I would preclude that but if they want to state what the basis of the presence here is, they can certainly do that. Lieutenant. That's fine. OK, planning and zoning item six. It's been k> indicated to me that the group demonstrating is not ready to make a statement at this point. If and when they are ready to make a statement, we'll41 entertain them for three minutes...- Mr. Sergio Rodriguez: Mr. Mayor... =`r Mayor Suarez: ...or a reasonable amount of time - yes. s r: Mr. Rodriguez: ...it's hard to have a... Mayor Suarez: Now, I would ask all of the cameras and all the media to please' { step back to the back of the chambers so we can go on with our Commission 1 DO meeting. I wouldn't want to have any media arrested. (Brief Comments in r Spanish). ; y t 4. 1� '11 A * ti� t x 110 , d 1 26. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION AT 890 N.E. 69 STREET, 7000 N.E. 9 COURT AND 950-990 N.E. 71 STREET (BAY VISTA MARINA) FROM SINGLE-FAMILY RESIDENTIAL TO RECREATION (Applicant: Planning Department). Mayor Suarez: Guillermo, proceed. Mr. Guillermo Olmedillo: Yes, PZ-6 and PZ-7 are companion items. This is the Bay Vista Marina. This is property which was purchased by the City approximately a year ago. It's been requested to go from single family to parks and recreation, both in the plan amendment and in the zoning aspect of it. The community was at the PAB meeting present and they were supportive of the change. Commissioner Plummer: Move it. Vice Mayor Dawkins: Second. Mayor Suarez: Does anyone wish to be heard on PZ-6? Let the record reflect that no one stepped forward. We have a motion and a second. Read the ordinance, please. Please, please! We have read the ordinance, we have a motion and a second. Let's be civil. We've had many, many demonstrations here in the past and people have managed to keep their tranquility. We want to hear all sides of issues. And we have plenty of seats. If anybody wants to sit down, try not to hold up your sign so as to block anyone's view, and we have - ma'am, if you want to move up to the front, you can always move up to the front. You'll be able .to see better in any event. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10644, AS AMENDED, THE MIAMI — COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 890 NORTHEAST 69TH STREET; 7000 NORTHEAST 9TH COURT; AND 950-990 NORTHEAST 71ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE-FAMILY RESIDENTIAL TO RECREATION; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS — ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. _ Was introduced by Commissioner Plummer and seconded by Commissioner . Dawkins and was passed on its first reading by title by the following vote: — AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. 1: — Commissioner Miriam Alonso Vice Mayor Miller Dawkins* Mayor Xavier L. Suarez NOES: None. = ABSENTS None. The City Attorney read the ordinance into the public record and w` announced that copies were available to the members of the City Commission and? to the public. t s VTn dl 27. FIRST READING ORDINANCE: ZONING ATLAS CHANGES AT 890 N.E. 69 STREET, 7000 N.B. 9 COURT AND 950-990 N.I. 71 STREET (BAY VISTA MARINA) FROM 99-2/2 TO PR (Applicant: Planning Department). Mayor Suarez: PZ-7. Vice Mayor Dawkins: Move it. Commissioner Plummer: Move it. Mayor Suarez: Moved and seconded. Any discussion? Does anyone wish to be heard on item PZ-7? Let the record reflect no one stepped forward. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY $90 NORTHEAST 69TH STREET; 7000 NORTHEAST 9TH COURT; AND 950-990 NORTHEAST 71ST STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/2 - ONE FAMILY DETACHED RESIDENTIAL TO PR - PARKS AND RECREATION; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS, MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner 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. ------ -- -- -- - -- - ---- ..-.---..-....... 28. GRANT APPEAL BY LEONARD LEVENSTEIN - REVERSE ZONING BOARDS DENIAL OF SPECIAL EXCEPTION TO PERMIT EXTENSION OF DOCK MOORING FILINGS.,,I= BISCAYNE BAY. i Mayor Suarez: PZ-9. Brickell Gateway. k k� Commissioner Plummer: PZ-8, eight, eight. Mayor Suarez; Eight, I'm sorry. � Mr. Guillermo Olmedilio: PZ-8 is an appeal to a decision by the Zoning'Soord to deny the special exception to extend the docks out to 5p fo t. Ant you :4 know, the ordinance was increased - the distance was $Ar,00564 by' ohs ordinance to 35 feet, petition that came around this CowLssion) About w ago. Being an appeal, ire will allow t#a -appellant tq:addreas t3�e � first, !Y S yfs -. .... _ _.. _— ___ •ram` �_3r A}� %b; Commissioner Plummer: Let me ask a question on the record real quick like. We have, for a fact, extended docks out, as I recall, down around 15th, 16th, or 11th and Bayshore, out to a hundred feet. Is that correct? I remember... Mr. Oimedillo: I'm going to have to check in the record on that. Are you... Commissioner Plummer: Well, it was a lot more than fifty because they put in docks that they had with the condominiums. Am I correct in that? Mr. Sergio Rodriguez: I couldn't give you an answer on that. But they were... Commissioner Plummer: Well, the one at 25th and Brickell is not hard to judge that it's not 35 feet, it's a lot more. Mr. Rodriguez: Right. But these are individual piers what we're dealing with. Commissioner Plummer: Yes, I understand what it is... Mr. Rodriguez: OK. Commissioner Plummer: ...but I'm saying that here, as far as I see the denial was based on the footage, not anything else. Mr. Rodriguez: Well, if I can refresh your memory on this, when we had a case about one year ago, you asked us to increase the length of the pier from 25 to 35 feet and it went to the Planning Advisory Board, there was a change in the - law and following your instructions and a favorable recommendation, both from = the Planning Department and Planning Advisory Board. You agreed to increase the-- extending the piers from 25 to 35, individually. Commissioner Plummer: And I think we also stated at the time, that any other application beyond that would have to come before that Commission and that's = why they're here today. I assume. Mr. Rodriguez: Well, and that's what they're doing here today. Mayor Suarers OK, anyone that is going to be heard on this item, please raise your hand and be sworn in, either for or against the appeal or the application. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.'- Mayor Suarez: Go ahead, sir. Mr. Leonard Levenstein: Mr. Mayor, Commissioners, my name is Len Levenstein I'm the petitioner and appellant. First of all, a comment was made just 4 moment ago with regard to the extension- to 35 feet for being piers. This application' is for the extension - not the extension, but for the placing -;of mooring pilings, not for the extension of a pier, -just for the purpose of tying up a boat. In any event, we're here... Vice Mayor Dawkins: What's the difference between a pier and some place where you tie a boat up? Mr. Levenstein: Well, a pier is permanent structure that people can walk-on. k The other is just a piling, Commissioner. All we want to do is... Vice -Mayor Dawkins: Is the pile driven in the water? Mr. Levenstein: Yes, sir, as opposed to a pier. ,U Commissioner Plummer: A tie up. Vice Mayor Dawkins: Thank you, thank you. Y Mr. I,eveaetein: We're here on an appeal from s, 40010ion. Of Zoning Board's and I think oAs of the problem that we have here wits in i presentation to the Zoning Board, T believe we neglected shop► t#aetba ;; , p r were mitigating circumstances with regard to the request for the special exception. And the mitigating circumstances are this, we presently have in hand, permits from all of the regulatory bodies concerning the erection of piers and pilings - the State of Florida, Dade County, and the City as well, for 35 foot piers - we're only building 25 foot piers and the pilings that go along with those piers. We're permitted, at this time, to erect sixteen finger piers. We have reduced that amount to ten piers, ten finger piers only. Excuse me, five finger piers and ten slips. We're permitted to build sixteen slips. Now that is a mitigating circumstance in terms of the reduction of the density in vessels, if you will. In addition to that, and I believe that was the big problem, I don't believe that was presented properly, and I don't think that the Zoning Board had the opportunity to weigh that testimony. In addition to that, there were objections at the time from the neighboring condominium to the north, which is 1600 South Bayshore Lane. That objection had to do with the fact that at that time, our condominium documents allowed us to sell, as a developer, allowed us to sell slips to people who other than residents in the building that is presently under construction. We have since complied with the request of our neighbors, we have changed our documents and they are in the process of being filed with the State of Florida, so that at the time there is occupancy of these premises, the ten slips that will be erected will be limited to the use of people who reside in the building. In a moment, you'll hear from Miss Holbrook, who is here, who is the president of the 1600 Building Condominium Association. There is another objection, filed objection, by a neighbor, Mr. Burpee, who lives in 1600, and it's my understanding that he has since withdrawn that objection and you presently have before you a letter recommending approval of the application. Commissioner Plummer made a good point, and I'd like to refer to the fact that the Planning Department's recommendation for denial was that the - that it would, in this particular case, would create a detrimental effect on adjoining and nearby residential properties. Well, coincidentally, Commissioner Plummer, and Mr. Mayor, and other Commissioners, about 100 feet north of this property there is a rental project known, I believe as Chateau Elizabeth, and I think you have before you as well, has been placed in evidence, a photograph showing that they presently have, in place, mooring pilings which extend, not less than 50 feet from the bulkhead. So, we're only asking for something that is there already. There's a safety reason for this as well. You can moor a vessel that is long as 50 or 60 feet with mooring pilings at 35 feet, it's just a matter of how you tie the vessel up. It just makes for a much safer condition if you have a 50 foot mooring piling. These pilings in no way affect vessel traffic in that area. It doesn't conflict with or prohibit or interfere with vessels that are coming from the south going to projects on the north or going from projects on the north going to the south to get into the channel across from Grove Isle. Thank you. At this time, I'd like to ask Ms. Holbrook to make her statement. Ms. Francene Holbrook: My name is Francene Holbrook, and I am the president of 1600 South Bayshore Lane, Inc., which is the condominium immediately adjacent and to the north of the project. Our objection, at the time of the prior zoning hearing, was because even though he has his permits, we did not understand how he managed to even get the permits. The slips could have, at that time, been sold to the general public, and we are in a residential area. Since that time, we have, through negotiation, been able to reach an agreement and we are assured, and I have the language that will amend the declaration of condominium that will now provide that the slips - and it's been reduced from the sixteen that were pending at that time to ten, will only be sold to and used by residents of the condominium. We withdraw our objection as long as it is on the basis that the amendment to the declaration is, in fact, recorded so. that the slips will be used only by residents since it is in a residential area. Mayor Suarez: Let me inquire on that. Is that proper? That sort of a declaration or restrictions or... Mr. Rodriguez: What you may want to do is put as a condition of the special exception. f Mayor Suarez: Conditioned to a special exception. That's the only way, I guess, that we would do it unless I'm reading the rest of the Commission wrong on this. And, second question, if that condition is put into the Approval ie there anyone that still objects to it and, if so, would they rdia:a:the#r-kamd at this point. OX, that's it. �e 114 Rooesber 14, x ¢t i Vice Mayor Dawkins: What does that do when individual who does not live in the condominiums, who wants to purchase one of them and it is in the middle of free water that belongs to the State of Florida? Commissioner Plummer: Well, the answer is, they could not... Vice Mayor Dawkins: I would like to hear from the lawyer and then from you. Commissioner De Yurre: The other lawyer. Commissioner Plummer: The other lawyer. The expensive one. Mr. Jorge Fernandez: If they don't live up to the condition... Vice Mayor Dawkins: No, no, no, no. He's signing a covenant... Mr. Fernandez: Right. Vice Mayor Dawkins: ...that he will only sell the slips to those individuals who reside in the condominium. I do not live in the condominium, I have a boat, the waters are owned by the State of Florida and I am desirous of getting one of the mooring to tie my boat up to. Now what? And I could sue and I feel like going to court to sue from my rights to use those water, what? Mayor Suarez: I thought we were about to get an opinion from you, Mr. Rodriguez. Mr. Fernandez: It is private property and so, therefore, the public does not have the kind of free access or the right to demand to be... Vice Mayor Dawkins: It's what now? Run that by me again. Mr. Fernandez: The moorings where this - the change, or the special exception - that he's seeking is on private property. Ms. Holbrook: It's riparian right, one foot at the land and the riparian _ rights that are appurtenant. Mayor Suarez: If you're going to say something, you need to say it on the - = mike. Ms. Holbrook: It's one foot of the land and the riparian rights that are appurtenant to the land. It is private owned property. We just wanted to keep it in the residential... Commissioner Plummer: Then the question is, how far does riparian rights go'�`< — out? Mr. Levenstein: Commissioner Dawkins, nothing would prevent... Vice Mayor Dawkins: No, I'm just trying to avoid a legal... — �r Mr. Levenstein: Nothing would prevent you or any other member of.the public excuse sae. _ Vice Mayor Dawkins: No, no, no, let them tell us, I mean, let.. them tell me 5 and you, OK? -that what we're doing is proper, that's all I want them to tell' 3 — us. it Mr. Fernandez: Yes. If you choose to overturn the decision of the Zoning Board, which is to approve his request... 04 Vice Mayor Dawkins: I have denial here. r Mr. Fernandez: Yes, it was denied, but he's appealing the denial,' — Vice Mayor Dawkins: Oh.� Mr. Fernandez: So, what you're doing, if you go with him, to rojoatiag P reversing the decision of the Zoning Board, And that would be pro or #raeV4. y this to private property, y, 1 _ :r t i Vice Mayor Dawkins That's not what I asked, air. I asked, if I decide to go to court and sue, would I have the right to moor my boat? Mr. Fernandez: No, you would not, because this is private property. Vice Mayor Dawkins: OK, that's all I asked you, Thank you. Mr. Fernandez: Right. Mayor Suarez: Anything further on this item from either side, from the City? Are we setting any kind of a dangerous precedent here or you're not concerned about that? Mr. Olmedillo: It does take the limitations that we have in the ordinance beyond what is there and that's our concern. _ Commissioner Plummer: Yes, but it's not - excuse me - it's not setting a _ precedent. Anything beyond that would have to come individually before this — Commission... Mr. Rodriguez: Right. Mr. Olmedillo: Under appeal. Commissioner Plummer: Exactly. Mr. Rodriguez: You can make a decision from now on, on an individual basis depending on the situation you have. Commissioner Plummers Well, but let me ask... Mr. Rodriguez: In the particular case over here, it seems to be in agreement with the neighbors that were opposing it, and maybe if you impose a condition that we mentioned before in the special exception to limit the use of the mooring, docking in the area, to only the residents of the property, I think that will probably take care of the problem and that might be it. Commissioner Plummer: Fine. Mr. Levenstein: Oh, I agree, as the applicant. Mayor Suarez: I wouldn't even get into that. OK, any further discussion? If not, I'll entertain a motion on the item. Commissioner Plummer: I move to overturn the ruling of the Zoning Board in reference to PZ-S. K� Mayor Suarez: So moved. { Mr. Rodriguez: And? Mr. Fernandez: Special conditions. Commissioner Plummer: Special conditions, read it into the whatever you want. Mr. Rodriguez: To restrict the use of the mooring and docking on this property F to those property owners that are facing directly this property, Commissioner Plummer: That's it. Mayor Suarez: OK, so moved.l Commis:aiomer De Yurre: Second. F 4 Mayor Suarez: Seconded. Any discussion? If not, please call the roll, r i. a s n Ll The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1163 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE SPECIAL EXCEPTION FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2024, SUBSECTION 2024.11 TO PERMIT THE EXTENSION OF DOCK MOORING PILINGS FOR MORE THAN 35' INTO BISCAYNE BAY (50' LENGTH PROPOSED), FOR THE PROPERTY LOCATED AT 1698 SOUTH BAYSHORE LANE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, ZONED RG-2/5 GENERAL RESIDENTIAL, SUBJECT TO A TIME LIMITATION OF 12 MONTHS IN WHICH TO OBTAIN A BUILDING PERMIT. (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 NOES: Vice Mayor Miller Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: I'm voting no and it's not against the project, it's just that I'm against transitional and special uses. COMMENTS MADE FOLLOWING ROLL CALL: - Mayor Suarez: Is there a companion item or is that it? Mr. Olmedillo: That's it. ' 1 Mr. Levenstein: Thank you. 8 i -, [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS TO ,j t CONSIDER A NON -AGENDA ISSUE.) a � —j 29. BRIEF COMMENTS BY A GROUP OF IRATE RESIDENTS CONCERNING THE LOZANO.CAS$. Mayor Suarez: Lieutenant, OK, has the person been identified that would like to make a statement? 3... Lt. Joseph Longueira: They have three people, air. -: Mayor Suarez: We need an interpreter so just - I will instruct the..,.did youk say, how many people? Lt. Longueira: They have three people, air. r Me. Crumates: (Translated by Mr. Sergio Rodrigues) With oil my reapaot, good $` evening to everybody. t � C _ 117aC�llRfA:.� 4YS - Y F i I] Mayor Suarez: (Translated by Mr. Rodriguez) The Mayor mentioned that he's going to restrict the speakers to two minutes each, three speakers. Mayor Suarez: Yes, Bob, I'm sorry. And it will be then a total of six — minutes, and that's what the Code prescribes so it's two minutes per speaker and we're going to hold very strictly to that. You're not on the agenda, you can always be on the agenda by making a request in writing. Ms. Crumates: (Translated by Mr. Rodriguez). My name... my words are few and they come from my heart. The only thing I want to say I never been going to school especially but to say these words. You don't have to have a degree, we ask you all, I need you to... - Mr. Rodriguez: I'm sorry, repeat again. Mayor Suarez: A little slower so he can translate, for the record. Mr. Rodriguez: I need to ask everybody who only has that on the 24th when he invokes the sentence for Officer Lozano to please give the opportunity to get bail - to provide bond that will allow him to be released with bond and be in freedom. Thank you very much. (Applause) Mayor Suarez: Please, please. Please, please. And I don't know if she put her name on the record. If someone could get her name so we have it for the record. Mr. Rodriguez: She didn't put it in with the record. Mayor Suarez: Go ahead, sir. Mr. Jose Aguilar: Good evening, my name is Jose Aguilar. I am a'resident and neighbor of the City of Miami and living presently at the 1110 S.W. 136th Place. That's in Miami. The reason I am here is that like a resident, a citizen of the City of Miami, I feel very, very concerned about the situation that we are facing in this City, each day getting worse. Just I want that the —_ day when the Honorable Judge, Mr. Joseph Farina, thinks to send or put him, Mr. William Lozano, in jail, thinks about and don't put him under arrest until the appeal comes. Thank you. Mayor Suarez: Thank you for your statement. (Applause) Mr. Fernando Cerrato: I'm going to talk in Spanish and that way, my fellow r _ f _ Colombians understand better. (Translated by Mr. Rodriguez). My name is Fernando Cerrato. I'm the director of the newspaper, Colombian. I have participated a lot in the Colombian community. The Colombian community is very apprehensive and hurt by the results, the guilty verdict of Officer Lozano. We know there was something more behind this of the justice, justice = that we respect, because we respect the law. up here, to ask this honorable Commission to please ask the Chief of Police not put that much pressure to the Latin officials because they really feeling it and I'm not saying this myself, this has been said by the press. And if this Commission can do something to influence, or at least to ask Judge Farina to leave - Officer Lozano in freedom while he appeals, the Colombian community will be extremely grateful to you. (Applause) Lt. Lougusira: Mr. Mayor, apparently he wasn't one of the original three,' this was supposed to be the third gentleman. z - Mayor Suarez: OK, we've kept it within six minutes so go ahead and make your a� statement very quickly, sir. Mr. Eugenio Ramirez: (Translated by Mr. Rodriguez). Good evening, my name is Eugenio Ramirez. I live for 19 years in Chicago. I never seen a QourV'c4se �4 h like this, -a trial like this, (+A 1 e ) ie Mr. Ramirez: (Translated by Mr. Rodriguez). I saw when two white policemen were killed. He was killed by a person from the black race. To me, it's the same, white and black are the same. But always the judges and the authorities should look at the records of the person before they judge them. If we are going to look at the records of the people that die, we definitely would have to find Lozano innocent because it was in his own self-defense. I am not a military person, I was an official in Cuba and I know what corresponds to the official when he's tried to defend his life according to the law. If not, I will ask the Mayor what he will do, either a is strong is racing toward him, what will he do? I ask for Lozano, I would ask for Lozano that a judgment is made that he stays home because I don't believe... Mayor Suarez: I think the word would be sentenced. 0o ahead. Mr. Rodriguez: ...sentenced to stay at home because what I believe was done to him is not exactly what was right. Thank you very much. Mayor Suarez: Very good. (Applause) Mayor Suarez: Thank you for your statement and thank you for making them in an atmosphere of serenity and order here in the Commission. I appreciate that greatly. Dr. Theede, their voicing of their concerns is just so that we can have on the record what they were here for. Basically, there have been appeals having to do with the sentencing of Officer Lozano, not anything particularly within our purview, and I can't imagine that there would be anything that you would say that would be directly relevant to what they've said. If you want to try, I don't see how I can keep you from doing it, but, please, we have other matters, so just make a brief statement and avoid, as you always have, any personalization of the issue, if you would, please. Dr. Theede: I will. My ancestors came here 250 years ago to make this country free for each person standing here, and in their loss of life, which I lost many of my relatives, they gave you the opportunity to have a system with three different parts, the justice system, the law - I mean, the formation of the law system and the administration system. When you come here, you mean well, and I'm glad that you speak your voice. But my heart hurts when,I see these people accuse the Mayor of letting Officer Lozano and his family down. Because it is not within the power in the American justice system for the Mayor of any City to interfere with our justice system. If you want this man to have what you want him to have, this body is not the correct body to make the appeal. The correct body is the criminal justice system, as he can tell you. Now, I feel sorry for each and every one of you because you truly do not , understand our American system. Fortunately, my ancestors died that you may �# have the right to speak, and Mayor Suarez understands this fully,. and he was very generous in letting you speak here. But I beg of you, go to our criminal system, speak your voice there, but more than anything else, don't accuse Mayor Suarez of doing something ugly, because he hasn't done it. He has stood . behind all of us... r Mayor Suarez: Thank you, Dr. Theede. I don't need your defense tonight. ' fl (Applause) y, INAUDIBLE COMMENT NO ENTERED INTO THE PUBLIC RECORD. 7yyL Mayor Suarez: Let me say that that's why I was afraid that you would even answer because already, in your comments, and I know they were well meaning,' there was the implication that the entire group that is here arrived recently. For all we know, they've been here for hundreds of years. There were many } Hispanics its the State of Florida two or three hundred years ago. So please .. so, already, that's what we want to try to avoid. Everybody here is always getting into the issue of who was here first and the important thing in that those of us who are here now to gat along and to comply with all of Our obligations under the law, and for those of us is public office that try to 1 do `t the best we can. Thank you for your statement. Thank you for you, Doctor Theede ' and all of you for making your statements. Again, ,in an atmosphere o: serenity and tranquility and we can go on with our matters.} l l 0*00g' 141 4 9 e 0 13 [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF PLANNING AND ZONING ITEMS.) r r - -- --- ---- ------r-r - ---r ----r - 30. ISSUE MAJOR USE SPECIAL PERMIT - FOR BRICKELL GATEWAY PROJECT, PHASE I - AT 1429-1460 BRICKELL AVENUE, 100-192 S.E. 14 TERRACE AND 101-149 S.'E. 14 LANE; 1-15 S.W. 15 ROAD AND 35-87 SOUTH MIAMI AVENUE (Applicant: Brickell Gateway, Ltd.) Mayor Suarez: PZ-9 is the next item. Mr. Bob McManust Mr. Mayor, members of the Commission, the Planning Department is recommending approval of the issuance of a major use special permit for the Brickell Gateway project which is located approximately 1400 Brickell Avenue. This is a very large project, the entire site covers seven acres. Phase I covers approximately 3.5 acres on the east side of Brickell Avenue. It is proposed here to construct in Phase I approximately 1.5 million square feet of retail and office use comprised of some almost 700,000 square feet of office, 220,000 square feet of retail and service uses, 24,000 square feet of restaurants, 64,000 square feet of retail circulation area. In addition to that, there is approximately a million square feet of parking space. I'd like to point out to you that we've tried to give the applicant a certain amount of leeway in the project by providing that the applicant can proceed in any one of three different scenarios. He can conduct - he can construct a 550 room hotel - is one option as a part of this. He can construct a 350 room hotel and 100 condominium units, or a third option, he can construct 267 condo units in a building with the idea of the applicant can fit into any one of those three scenarios and move ahead without necessarily coming back to this Commission for approval. All of this, of course, is moving ahead under the umbrella, as you will, of the downtown Miami development of regional impact development orders so that the developer is able speedily to move along with this. Though we've provided a certain number of conditions in the major use special permit, among them, the applicant will provide day care space for 100 children. He's going to provide a ground level public plaza, he's going to provide $106,000 in street improvements to improve the intersections at Brickell Avenue at S.W. 14th Terrace and the next intersection at Brickell Avenue and S.W. 14th Lane. In addition to that, of course, as you realize, the applicant has been paying for DRI mitigation fees, the City's impact fees and in the future, as probably as a part of the second phase, will provide the linkage fee, City linkage fee, for housing. I'll be very happy to answer any questions from the Mayor and members of the Commission. Mayor Suarez: What does that fee come out to be for housing? Is that into the Trust Fund? Mr. McManus: That's to our housing Trust Fund. That hasn't been computed because of the various scenarios that can occur principally because the housing will probably occur on the westerly site in phase II. Commissioner Plummer: What is the impact fee as it stands? - without, - not the housing, just the impact fee? Mr. Sergio Rodriguez: The figure that I have is $1,710,000. Commissioner Plummer: Is that for phase I and II? Mr. Rodriguez: For phase I. Commissioner Plummer: Phase I alone. Mr. McManus: um hum. Commissioner Plummer: What guarantees do we have if phase I to built thet phase IS will or will not be built? -and is it tied to phase I? 1 2 . F xi M 120 c+►r ,i� p $ f Mr. MdMahusi We have not tied theta together. Commissioner Plummer: kxcuae me? Mr. McManus: We have not tied phase It to phase I. Commissioner Plummer: Does this not - does this only apply to phase I? Mr. McManus: Basically, to phase I. When the developer move... Commissioner Plummer: No, not basically, now. Mr. McManus: It applies... Commissioner Plummer: When we're talking about the total project of being 1,467,341 square feet, is that phase I and II or just phase I? Mr. McManus: Phase I. Commissioner Plummer: Only. Mr. McManus: Only. The developer, when he moves ahead to phase II, which, very frankly, we don't visualize for another five or seven years, will come back to this Commission and request the development of phase II. Commissioner Plummer: Why is it in here that if I read this, you're giving him the option of providing 2,622 spaces to thirty-two, thirty-two. I don't understand why he has that amount of leeway. Mr. McManus: Commissioner, we have gone along with the developer and said that as a part of the overall development, he can provide one of three scenarios. He can provide a 550 room hotel, next, a 358 room hotel and a hundred condo units, or lastly, 267 condo units, depending on whichever one of those configurations the developer moves ahead on, he will have to satisfy the City's parking requirements. Obviously... Commissioner Plummer: Does the 2,622 meet the minimum criteria of any of the three? Mr. McManus: Yes. f Commissioner Plummer: It does? t �3 Mr. McManus: Yes. Commissioner Plummer: OH. Now, I'd like to ask you your justification in that locale of why you recommended 222,897 square feet of retail? What :`- justification did you use? -. Mr. McManus: It'is consistent with the zoning and beyond that, the 'developer has provided a market study which indicates that the market for this x particular project extends out in a four mile . radius, extending as far aest; — say, as Red Road- 57th Avenue. +k� . Commissioner Plummer: I'm asking, what did you use as a 'justification? Knowing -that there's nothing also that mammoth in retail space in thatareataF Mr. McManus: Well, it appeared to us that if the developer proffered".a market+ study and the... Commissioner Plummer: No, that's his market study. Did you do one of own? Y Mr. McManus: No, we reviewed his market study. f.x Commissioner Plummer:{ And you - I guess my area of concern is the latitsds and the amount of parking spaces based on that much retail. I peau, that'e; hugs amount of retail. That's almost, you know, . and so yours Just sayins you based it on`iris market'studyif. Mr. McManual Teo, sir..Riaik '� ']�/► �t t A �$ Y d ML i Commissioner Plummer: That's all the questions I have right now. Robert Traurig, Esq.: Mr. Mayor.., Mayor Suarez: I guess we have to swear you in if you're going to make any kind of an affirmative statement, Bob. Mr. Traurig: We have a number of speakers, Mr. Mayor. And may we all be sworn in together? Mayor Suarez: Does it look like it's going to be necessary? Do we have any one opposing the major use special permit? Mr. Traurig: I don't believe so. Mayor Suarez: You're opposing, sir? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Ah, you're going to ask questions that imply that maybe we — shouldn't go ahead with it. OK, well if you do intend to address the Commission on this particular item, would you... OK. — Commissioner Plummer: Tony, I'll ask your question for you. Mayor Suarez: All right. — INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I gather he's going to ask about all the infrastructure necessary. All right, Bob, I think we'd better swear you in, just in case. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Traurig: Did all the other gentlemen who are potential speakers get sworn in? Could everyone who is going to speak affirmatively on this application, - raise his or her right hand so that we could all be sworn together. Mayor Suarez: Yes, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Commissioner Plummer: So, let me ask the question right off the bat. Where's the water and sanitary sewers going to come from to supply this building? 4 , Mr. Traurig: Mr. Mayor, we have our civil engineers here and we can answer{ that question through our technical people. But I would call to your attention that this is part of the downtown DRI. There has already been -a study determining that the infrastructure exists adequate to service this property when fully developed as proposed. So the water service Le available. ft`� j We will also go through a Class C permit application where the City will again review all of those infrastructure issues. But the water service is" available, the newer service is available, our traffic engineers can respond. to you with regard to the traffic issues and we are satisfied, and your staff is satisfied that the infrastructure is adequate to support this development. And that includes, sir, the water issue. I can make this presentation either brief or lengthy. I think that the Mayor was asking whether or not we could �1. make it as brief as possible. I don't think that this gentleman was bore 'to oppose this application, although I think that his question was s QQds= question. So I don't think anybody is here to oppose the application,We 'Can speak for five minutes, we can speak for an hour, we could speak-fQr two hours. We have 15 professionals who could talk about eves aspect Qf the p y:�. p project, but we.,. Y ri y w r mac: Mayor Suarea; Lot me ask technically,`.,, Mr. Traurig: ,,.know how many people are waiting for their hear4, { s h y a : yk 122 M r �r Mayor Suarez: OK, Bob, let me as technically, do we need to create a record on something like this? Joel Maxwell, Esq.: You would, Mr. Mayor, if it was appealed. The standard of review would be competent and substantial evidence, so it would be necessary that... Mayor Suarez: You said would or wouldn't? Mr. Maxwell: If it was appealed, the standard would be competent. Mayor Suarez: We can't tell that it would be although there's no one here, apparently, to contest it. Is there any way that we can do a lot of that by submissions in writing of documentation? Mr. Maxwell: Well, I would think that that information is already in the record, Mr. Mayor, would not be necessary to repeat it. y Mayor Suarez: OK, so most of the record has been established as we allow a short presentation, would you remind us of anything else that we ought to throw in or make sure... Mr. Maxwell: Well, Mr. Mayor, I would place that burden on the applicant. If they have any information that they're submitting at this time, that they know has not been tendered... Mayor Suarez: Well, you can be a little helpful. Sometimes when we think we're going to overrule somebody, we also prepare ourselves. Why not, when we think we're going to go with somebody? - Mr. Maxwell: OK. Mr. Traurig: Well, Mr. Mayor... Mayor Suarez: I guess just very brief presentations, Bob. I don't... Mr. Traurig: We will make it very brief then. Mayor Suarez: Commissioners, it's really kind of up to the Commission if you want even that much. I mean, if the record is complete. i Commissioner Plummer: Not quite complete. —1 Mr. Traurig: Well, may I suggest that the record consist not only of the proceedings of these hearings, but the proceedings before the Planning Advisory Board, the Urban Development Review Board, the submission initiallyk -, i in what staff has. There's a very complete major use special permit ` application which is part of the record which contains all of the technical information and all of that, by reference, is hereby made a part of thisrecord. So we think that the record is complete. We can abbreviate this and make it not the five minutes, but something less than fifteen minutes '!by expediting it. I would submit to you to begin with, a series, of exhibits ` which I'll pass to you after I've identified them. One is an "a®rial photograph showing the entire area of Brickell Avenue. Mayor Suarez: Just identify it, Bob, and we'll put it right in the record. ij- Unless you think it's... Mr. Traurig: We have copies for each person. Mayor Suarez: Right, ; Mr. Traurig: And they're al B y' 1 in these packets. One is,.. *A +r Mayor Suarez: I don't get any feeling from any Commissioners that we aa" -r` much discussion, so if you want to just introduce the whole... r Mr. Traurige Well, let me just may, I will gi44 ve to flomoalsmionor Dawkins this, entire package that he can patio on to each of you so that you have total, " s orientation of the site and what we propose to do on th "alto eo to u 444, Fum .,, see the Plaza area, eo that you can see the kind of fiscal up at,. V410, available to the City. Commissioner Plummer asked a queStion ' 'tko t. watt T' TM : i. � .. Tw k: fees, I would call your attention to the fact that between the biti administration fee, the master plan administration fee, the transportation mitigation fees, the building permit fees, and the City impact fees, we have to pay three million and twelve thousand five hundred and eleven dollars in order to build this building which, when completed, will produce a net annual tax to the City estimated to be $4.25 million dollars per year. So we know that your staff has recognized that this has a very great positive fiscal benefit to the City of Miami. I would like to introduce the professionals who are here to answer your questions, if you have them. Representing the applicant from the legal standpoint is Lucia Dougherty and Allan Gold and myself. The owners, who are David and Phillip Blumberg are here. The architects from Nellmuth, Abata, and Kassebaum are here - they are David Subtle and James Fetterman. They're the architectural team who could describe the planning concept and the various components of the project. Mayor Suarez: Excuse me, excuse me, Bob - Mr. Vice Mayor. Vice Mayor Dawkins: What's the administration's recommendation on this? Mr. Rodriguez: For approval. Vice Mayor Dawkins: Approval? I move with the recommendation of the administration. Commissioner Plummer: Whoa, whoa... Mayor Suarez: So moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded by Commissioner Alonso. Mr. Traurig: Before you vote... Commissioner Alonso: But for discussion, I have one question I'd like to ask, please. Mr. Traurig: Yes, ma'am. Mayor Suarez: Why don't you let the Commissioner ask a question and maybe we can obviate a lot of this... Commissioner Alonso: In reference to the child care facilities... Mr. Traurig: I'm glad you asked that, Mrs. Alonso. Yes, we will have a child care facility. It will be available when the building is ready for occupancy, and it will be adequate for at 100 children. Vice Mayor Dawkins: And it will be leased out. Mr. Traurig: And it will be leased to a third party, but we will subsidize that third party to make sure that there is an adequate child care facility on this end of Brickell Avenue for the employees who work on Brickell Avenue. ' There are two things that before you vote, that I would like to say, that, in a addition to all... i r Y Vice Mayor Dawkins: You just lost my vote. Mr. Traurig: To all of the other contributions we're going to make, we want ;4 to make a voluntary contribution that the City Manager and the Director of the 1 Parks Department can utilize for Dorsey Park and for Southside Park. This is ti a $25,000 contribution for park equipment and other uses at those parks. we would also like you, in making the motion, to recognize that the findings of fact, per section two, on pages 15 and 16 of the proposed resolution, which is in your kit, is incorporated here because those are findings of fact which e have to be made pursuant to any major use special permit. if Mayor Suarez: Those are ordered into the record, Commissioner Plummer: A couple of questions. Your very fine proffer of — s when will that be forthcoming? r S 124 ie c 14 i'r�• .3. .N�i r - w 1��7 t SY M - e, Mr. Traurig: The payment for the parks would be payable before the certificates of occupancy for any buildings on the property. Commissioner Plummer: The need of the parks is there now. Mr. 'Traurig: We will discuss that with the City Manager and if some of... Commissioner Plummer: The need of the parks are there now. Mr. Traurig: Commissioner, we recognize that. Obviously, this is a voluntary proffer in addition to the $3 million dollars. We know that there's some need for some park equipment at both Dorsey and Southside. We will discuss that. If you will permit the Manager's office and the Director of the Parks Department to work with us on it, we will provide some of that park equipment as early as possible. Vice Mayor Dawkins: What is possible, Mr. Traurig? Mr. Traurig: Pardon me? Vice Mayor Dawkins: January, February, March... Mr. Traurig: At the time of the pulling of the first building permit. Commissioner Plummer: Approximately how long will that be? That was my next question. Mr. Traurig: Hopefully, we will commence in the early summer of 1980 - 1990 and complete it by the late fall of 1992. Commissioner Plummer: To the department, how long do they have maximum to pull this permit? Mr. McManus: Major use of permits issued for one year. Commissioner Plummer: From when? Mr. McManus: Today. Commissioner Plummer: In other words, they have to pull a permit one year from today? -or this is all null and void. Mr. McManus: Or they come back to this Commission. Commissioner Plummer: Ohhhht Mr. Traurig: Well, I think it's roe... Commissioner Plummer: Now, let me understand one other thing, for the record. This, which is before us today, has nothing whatsoever to do with the wait side of Brickell. Mr. McManus: That's correct. Commissioner Plummer: Nothing. Q11 Mr. McManus: That's our understanding. F .,a Commissioner Plummers I pay you, I don't pay him. Mr. McManus: That's correct, Commissioner. { Commissioner Plummer: Thank you. Now, you got a check? t Mr. Traurig: We will at the time the building permits areis addi.tlgn to paying those very substantial fees, make the contribution. A Commissioner Plummer: You really don't want us to decide this until Jauu*ryy Y 'T Mr. TrauriSi I don't carry ohecke to the Cow.ise on Meeting. Vice Mayor Dawkins y What am I sou supposed to do? -withdraw ts�► a�ti�aY t s �� ;a t Commissioner Plummer: Well, that's up to Bob. Not up to Bob, it's to Mr. Blumberg there that... Mr. Traurig: We understand the needs, and the fact that we have voluntarily proffered that, and the fact that we are making such a generous contribution, 1 think nothwithstanding the $3 million dollars... _ Commissioner Plummer: Bob, don't get into that. I told you if you got into that, I'm going to tell you the truth. Now, let's go down that road together. Mr. Traurig: Commissioner, if you're question is, when would this contribution to the parks be made? - we have already indicated that we ought to make it no later than early summer. Commissioner Plummer: Then I should make a motion that states that the area does not proceed with the closing of the City owned streets and dedication until such time. I mean, that would be fair. Mr. Traurig: Sir, the streets have already been closed. So... Commissioner Plummer: No, no, no. You go back and read the record, we made it subject to this hearing today. Now, you know, I don't want to go into it, but if that's the name of the game, I mean, that... Mr. Traurig: Commissioner, we're talking really about a project which is of such great value to the City that I'm embarrassed to talk about twenty-five thousand, when we're talking in terms of hundred plus million in phase I. Actually several hundred million in phase I. Commissioner Plummer: Bob, don't be embarrassed, please. Don't be embarrassed, I want you to know... Mr. Traurig: Let me call your attention to the real important issue here, and that is that the upfront expense for any developer is very, very substantial. We're talking about an upfront expense just to get a building permit of $3 million dollars. Generally, those expenses and the architectural work that precedes it are... Commissioner Plummer: I really appreciate your comments. Mr. Traurig: I understand, Commissioner. Vice Mayor Dawkins: You know, the only thing you're saying to us is, that _ w$ you're spending $3 million dollars for fun. You're spending $3 million dollars because it's an investment. It's a business investment. You're not putting $3 million dollars out there for love. 3 Commissioner Plummer: Well, let's get more important. More important is that this project couldn't come here today if those streets weren't closed, City j owned streets and dedication. Now, it was my understanding, you know, at the last hearing that you would be most agreeable, at this particular hearing, to do what is right. Mr. Traurig: Well, we are. �m Commissioner Plummer: And... OK.. i Mr. Traurig: Let me make a new proposal. May we submit this as a fair } f proposal. That is, by March 1st, we will pay $10,000, and at the time of the a issuance of the building permit, we'll pay $15,000 to the parks fund for the r use of those two parks. Mayor Suarez: Commissioners, what's your pleasure? I believe most of the statements made by counselor are correct. This is something very important, for the City in any event, but I also understand your effort...; Commissioner Plummer: You say fifteen and fifteen?° rz Mr. Traurig: No, I said ten and fifteen, air. Wall, maybe it was..,,tatt `t ' tan, I think we ought to check the record. 'Ten plus fifteen,4 N 1�� 126 r*. AT Mayor Suarez: So long as it adds up to twenty-five. Mr. Traurigs Yes. Weil be very... Commissioner Plummer: No, no, no. Not in piece meal. reduction for an annual payment. There's always a Mr. Traurigs Well, this is not going to be an annual payment, it's going to be paid in six months. Mayor Suarez: They had made an offer of twenty-five at the end of a CO, which is a long process now. It's much earlier. Commissioner Plummer: That's two years. Mr. Traurig: There must be, I'm sure, on this Commission, a recognition of the value of this project to the City. We think that the Commissioner makes a very valid point and that is that citizens ought to appreciate the City sufficiently to make the contributions for the parks and we're happy to do it. Commissioner Plummer= Well, Bob, OK. Let's go into a full blown hearing, I tried to give you the opportunity. Mr. City Attorney, Mr. City Manager, we vacated how many square feet of property so that this building could be built and without it you could not do it. And I want to know what is the approximate value of a square foot in that area. Let's go into it full blown. I tried to make it easy. Mr. Traurig: May I answer that for the City Manager? Commissioner Plummer: No, I don't - I pay my staff to do it, OK? Let's go. Mr. Rodriguez: I don't have the figure with me, sir. Commissioner Plummer: Well, let's get the figure. Mr. Rodriguez: OK, it will take us... Commissioner Plummer: I mean, I was told -- if I stand corrected - it was approximately 7,000 square feet of all of the roads and now what's an approximate square foot of value in that area? About $125 a square foot, is that correct? Am I in the ball park or am I not? Mr. Traurig: You're in the ball park... Mr. Rodriguez: You should be the same... Mr. Traurig: ...we would like to make it to fifteen and fifteen. However... Commissioner Plummer: That's fine. Mr. Traurig: ...I would like Ted to give you the answer to your question that the land being given to the City exceeds the land that the City vac... the dedications that the City vacated by 13,100. Commissioner Plummer: You establish any record... y � Mr. Traurig: But 15 plus 15, we're happy to do it. s Mayor Suarez: By 13,100 square feet, maybe? Or by dollars? , t xi` Mr. Traurig: Dollars.¢" n, 4 Commissioner Plummer: It's payable fif... Mayor Suarez: You had evaluations on both? h Commissioner Plummer: The first installment is in March the lot, and the second installment is when they pull, their buildinS permits, k. r� Mayor Suares: How interesting. All right. In any event, is that the Commissioner Plummer: Mr. Mayor, I want to tell you that in all seriousness, I think it's a fantastic thing for that area. But I also have to say that I do, and I still do, but I'm willing to go forward, I have a concern about that much retail in that area. It has been explained to me, and I'm going to make it part of the record, that that basically is going to be the highest of class of retail that we know in this community. I tried to reach Woody Weiser, unfortunately, he was out of town because I don't know of a man who knows more about it than he does. I still have reservations, I must put that on the record. My concept or my impression of Brickell Avenue is the financial center of the south, downtown is the retail area. But I'm willing to go along and try and see because we know that the market governs whether or not it will or will not pass as far as what is successful. The only other question that I have, Mr. Mayor, I'm concerned with that amount of retail as to the amount of parking. Give me an idea, how many parking spaces in Omni? Do you have any idea? Because, God knows, that's more than adequate, and I'm sure that's more than two thousand - twenty-two hundred sq... two hundred... Mayor Suarez: By the way, it's just like we said the other day that the Ocean Bank is probably an example of what you don't want to do as far as parking for people using the facility. I guess the Omni has to be an example of what you do want to do in terms of parking, it's... Mr. McManus: It's some number higher than 2,000, you know. But it's at least two thousand at the Omni. Commissioner Plummer: So, if they use the lower figure of the twenty-six - hundred, you do feel that with that much retail and a hotel and office and everything, that it is adequate? Mr. McManus: Yes, sir. Commissioner Plummer: Now, is that - let me ask this other question because it's been thrown in our face sometimes at a later time, and I have to ask you, Bob... Mr. Traurig: Yes, sir. Commissioner Plummer: ...in behalf of your client. Is that parking going to be a charged parking or is it a free parking? Mr. Traurig: I would ask Mr. Blumberg to answer that. But the parking for the retail is at a 1 to 300. The parking for the offices are 1 to 600. Commissioner Plummer: Yes, but my problem... Mr. Traurig: We have as much parking as any project of that type approved by this City Commission has ever proposed to you and Mr. Blumberg can answer the question with regard to the charges. =d Mr. Rodriguez: Commissioner Plummer, the ordinance states that all the - required parking had to be available free - required parking... -4 Commissioner Plummer: Required parking. And how many parking spaces is that? Mr. Olmedillo: All of them. All of it is required., 1 Commissioner Plummer: All of - whether it's the twenty-six or the thirty-two? =t Mr. Olmedillo: Yes, because that depends on the configuration of the , =t building. ". Commissioner Plummer: You're saying all of it has to be free? � x? Mr. Olmedillo: I'm saying, all of it has... Mr. Rodriguez: All the required parking had to be free. Mr. Olmedillo: ...the ordinance says, required parking, you cannot charge for. unless you change the ordinance. Mayor Suarezt What are we arguing here? 5 �f ui 1 �8 �foa�a�b�rr. i�►� l��Q � Mr. Olmedillo: We're not arguing. Mr. Rodriguez: The reason was this. No, the reason is this. Assuming that they go with the lease mono -configuration requiring parking.... Commissioner Plummer: Yes. Mr. Rodriguez: And, instead of providing the 2,622 they choose to go to the thirty thousand - three thousand parking spaces, they might be providing parking beyond what is required, that's why. Commissioner Plummer: So, in other words, what you're saying is, if I _ understand correctly, the twenty-six hundred... Mr. Rodriguez: And twenty-two. Ji Commissioner Plummer: They've got to provide 2,622 spaces free of charge. Mr. Rodriguez: Right. Commissioner Plummer: How would you designate in a building like that, which are the free ones and which are not? Mr. Rodriguez: We'll take care of that when the time comes. We'll have inspectors checking it, there will be a way of doing it. I'm sure that we can come up with a building this size, we can come up with a resolution to that problem. - Commissioner Plummer: OK. Vice Mayor Dawkins: Are you your money Mayor Suarez: We have a motion and a second. Do we, Madam City Clerk? Ms. Hirai: I'm sorry, air? Mayor Suarez: Do we have a motion and a second? Commissioner Plummer: I'll move it, Mr. Mayor. Mayor Suarez: So moved. Vice Mayor Dawkins: I second. Mayor Suarez: I thought it was already, it doesn't matter. 44 Commissioner Plummer: You want to move it, I'll second it. Vice Mayor Dawkins: I second. That's - you already moved and I seconded. I'm only doing it again. Mayor Suarez: Very good, that's what I was hoping she would tell me. OK, ,any further discussion? If not, please call the roll very quickly. x t �S P 1 r Yr- 4x 1 ,�h Y f� - kris �F 129 x , The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1164 A RESOLUTION, WITH ATTACHMENT, MARKED AS EXHIBIT "A", APPROVING WITH CONDITIONS, ISSUANCE OF A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLE 28, ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE BRICKELL GATEWAY PROJECT, PHASE I, PROPOSED ON THE EAST SITE AT APPROXIMATELY 1429-1460 BRICKELL AVENUE; 100-192 SOUTHEAST 14TH TERRACE; 101-149 SOUTHEAST 14TH LANE; 1-15 SOUTHWEST 15TH ROAD; AND 35-87 SOUTH MIAMI AVENUE, BY THE BLUMBERG GROUP, COMPOSED OF THE OWNERS, COMPRISED OF _ 685,902 GROSS SQUARE FEET (G.S.F.) OF OFFICE USE, 222,897 G.S.F. OF RETAIL/SERVICE USES, 24,455 G.S.F. OF RESTAURANTS, 64,669 G.S.F. OF RETAIL CIRCULATION AREA IN A BUILDING OF 48 STORIES; 469,418 G.S.F. OF RESIDENTIAL USES IN ONE OF THREE CONFIGURATIONS; ALTOGETHER TOTALING 1,467,341 G.S.F AND ALSO COMPRISED OF 2,622 TO 3,232 OFFSTREET PARKING SPACES ON 9 LEVELS -_ AND SURFACE AND 18 TRUCK LOADING BAYS; MAKING FINDINGS; FINDING AND CONFIRMING THAT SAID AREA IS _ INCLUDED IN INCREMENT I OF THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 87-1149; DECEMBER 10, 1987); _ DIRECTING THE CITY CLERK TO SEND THE RESOLUTION TO THE DEVELOPER AND CONTAINING 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Suarez: PZ-10. ' t; Mr. Traurig: We thank you but I would like to add one more thing. One of the gentlemen who came here to make a presentation to you is an old Miamian whom we should welcome back. He's the former chairman of the Greater Miami Chamber - of Commerce, he's the former president of Jordan Marsh, he's recently with Bonwit's of New York, Bonwit-Teller, he was here to verify the conclusions reached with regard to the need for the retail, and I would like to welcome him to these chambers, Bill Rubin. Mayor Suarez: Very good. Good to have you back. Commissioner Plummer: Nice to have you. And he came into my office with a ton of pictures. Mr. Traurig: Since we didn't introduce these exhibits, may we have them back? Commissioner Plummer: A ton of pictures. Mayor Suarez: Item PZ-10. Mr. Guillermo Olmedillo: PZ-10 and P2-11 are companion items, Mr. Mayor, Commissioners, This is the Playhouse property. This is a second readinS, it's the camp plan amendment and the zoning change to take it to a OU designation. You have requested a... Commissioner Plummer: Excuse me, aren't these documents part of the record? { 134acb!► v Mr. Olmedillo: Yes, air. Commissioner Plummer: Well, I see somebody walking out with... Mr. Plummer, those are part of the records, air. Arent' they now a part of the record? I'm asking the question. Mr. Maxwell: ices, air. Commissioner Plummer: All of the documents... Mr. Maxwell: Unless they've been duplicated already, Mr... Mr. Traurig: We can leave all the big exhibits, but this was never introduced. Commissioner Plummer: No, no, that's fine, I'm not talking about that, I'm talking about Richard Plumer's statements that he's putting back into the envelope. UNIDENTIFIED SPEAKER: He never gets my first name right. Commissioner Plummer: Excuse me? Mr. David Plumer: David Plumer, Richard is the interior designer, but the... Commissioner Plummer: And the other Plumer is an undertaker. Mayor Suarez: They're all the same - problematic. Mr. Plumer: We're all related, one way or another, but these exhibits here were never used for the presentations. They were new exhibits, the ones I'm removing now. -- Vice Mayor Dawkins: But the only way they weren't used because we didn't let _ you. They were a part of the presentation. ' Commissioner Plummer: We just assum... " —. Mr. Plumer: They would have been part of the presentation. I'm glad to give them to you. You can have them. Commissioner Plummer: We just assumed that, in fact, that when Bob said — everything was a part of the record, that they... - Mayor Suarez: You know, if there's no appeal and if they act` as depositories for us, it's kind of better for us not to even take them as part of the record. Where are we going to put them all? Remember, you know... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarers All right. We store more records. { Commissioner Plummer: Thank you. Mr. Maxwell: They can have them after the appeal period runs,Mr. Mayor,, Mayor Suarez: I'm sorry? F Mr. Maxwell: They can have them after the appeal period runs. N' Mayor Suarez: All right, how's that? You promise to take them back, after the, 3; appeal period? ; ., INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. .. Mr. Traurig: It depends on what we have to pay. ` Mayor Suares.s I'll personally deliver it to David's now home in the City. ,at ik Miami as goon as he moves into the City vith'this $rest Oroje6t. r • Q� 31. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION AT 3490 & 3500 MAIN HIGHWAY FROM RESTRICTED COMMERCIAL AND SINGLE-FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Internal Improvement Fund/State of Florida/Department of Natural Resources.) Mayor Suarez: PZ-10. Mr. Guillermo Olmedillo: PZ-10 and PZ-11 are companion items. This is the Playhouse property and... Commissioner Plummer: Is there anybody in objection to this? Mayor Suarez: I'll entertain a motion on PZ-10. Commissioner Plummer: I'll move it. Mayor Suarez: Moved. Will it die for lack of interest? Commissioner Plummer: Is it an ordinance? Mr. Olmedillo: It is an ordinance, yes, sir. Commissioner Plummer: Read the ordinance. Mayor Suarez: Do we have a second? Mr. Olmedillo: This is second reading. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Read the ordinance, please. Call the roll. AN ORDINANCE AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED. THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 3490 AND 3500 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM RESTRICTED COMMERCIAL AND SINGLE-FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 31, 1989, s7` was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: h AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso � Mayor Xavier L. Suarez NOBS= Vice Mayor Miller Dawkins = f ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10605. The City Attorney read the ordinance into the public record and anuaunced that copies were available to the members of the City Coassl#piond x to the public. 4 i=� 11294r i44Y �u - --fq. w ---------------------------------------------------------------------- 32. SECOND READING ORDINANCE: ZONING ATLAS CHANGE AT 3490 & 3500 MAIN HIGHWAY FROM SPI-2 AND RS-2/2 TO GU (Applicant: Internal Improvement Fund/State of Florida/Department of Natural Resources). r ------------------------------------------------------------------------------- Commissioner Plummer: Move item eleven. Companion ordinance. Mayor Suarez: So moved. Does anyone wish to be heard on item 11? Let the _ record reflect no one stepped forward and if we get a second we'll be able to vote on it. Mr. Sergio Rodriguez: I believe you have somebody. Mayor Suarez: Yes? On item eleven. We don't have a second, but I presume we'll get one. Ms. Esther Mae Armbrister: My name is Esther Mae Armbrister and I live at — 3350 Charles Avenue. I just want you to know I finally received a covenant from Mr. Mulvena about the property and he is going to come out and bring the - designs and show to the other members in the community at our next CAA meeting. If he doesn't you will hear from us, all of us. Thank you. Commissioner Plummer: God help him. - Mayor Suarez: Now, do we have a second? Mr. Rodriguez: The second would include the covenant that was introduced by - the Department of Off -Street Parking. Mayor Suarez: Yes, with the covenant introduced by the applicant... Mr. Rodriguez: Subject to the approval of the Law Department. Mayor Suarez: ...DOSP, Department of Off -Street Parking. Commissioner Alonso: OK, I second. �= Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE — AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 3490 AND 3500 MAIN HIGHWAY, MIAMI, - FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND _ RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO GU GOVERNMENT USE BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE' AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; } '4 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 31, 1989,Y' was taken up for its second and final reading by title and adoption. on r motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following votes yg T .F - 1 .-14- AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller Dawkins ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10686. 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. 33. DENY PROPOSED FIRST READING ORDINANCE - TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - BY CHANGING LAND USE DESIGNATION AT 1800-1818 S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE (Applicant: Armando Vicente). Mayor Suarez: PZ-12. Mr. Guillermo Olmedillo: PZ-12 and PZ-13, companion items again, this is for property located at 1800 S.W. 21st Terrace. These two items were continued at the request of Commissioner Alonso to renotify people around that area so that they would be properly before this Commission and voice their objections. The Planning Department recommended denial, the Planning Advisory Board recommended approval of the plan amendment, and on the zoning change, the Planning Department recommended denial, the Zoning Board recommended approval on a 7 to 2 basis The ap plicant has submitted a voluntary covenant to you and he has removed one of the three parcels that were originally part of the _ application. Mayor Suarez: As I remember, we were going along fairly well on this item until it was established that there had been 132 petitioners against, but that - they were represented by the head of the association... - Mr. Olmedillo: Single individual. Mayor Suarez: ...and we didn't have those individuals present to see if they liked the things that Commissioners Plummer, Alonso, perhaps the rest of the Commissioners built in as a - covenants, were they? Mr..Olmedillo: Voluntary covenants by the applicant. Mayor Suarez: Voluntary covenants and... Mr. Olmedillo: That is correct, sir. Mayor Suarez: ...do you know of any change in that? Is the association now that has been duly formed, in a position to tell us whother they like the amendments? Because if so, I would personally vote for it on second reading. Mr. Olmedillo: I have seen some of the people in the area who are here probably to voice their concerns. There are people here from-the'area now, ; �y Mayor Suarez: OK, the applicant is your side, obviously, counselor... UNIDENTIFIED SPEAKER: Yes, air. Mayor Suarez: ...but if - unless the Commissioners object if we hear from the association that we're on all fours by any chance, we can save a lot of time.,5 We did hear extensively on the item, if I remember correctly. Commissioner Alonso: I'd like to make some comments. ', zAA Mri Mario Pons: Mario Pons... u 134 December :1,4 M9 _ 0 Mayor Suarez: Yes, Commissioner Alonso. Before anything else, Commissioner Alonso wants to say something. Go ahead, Commissioner. Commissioner Alonso: I was very surprised, I went by the area in two occasions. One time around 9:30, the second time today, prior to coming to this meeting. I was very surprised to see that the parking lot was almost empty and also, the surrounded areas, I did not see that many cars parked in that area. I was very surprised to see that because behind the area, just two, three blocks down, behind the area where The Glorified restaurant is, that is a horrible area. But when I went to this particular location, I was very surprised to see that in the two parking lots that this property owns and are already parking lots, most of these lots were vacant. And then, the question came to my mind, why do they want extra parking when they have more than enough? Tony O'Donnell, Esq.: Commissioner, members of the board, for the record, my name is Tony O'Donnell with law offices at 801 Brickell Avenue. Commissioner Plummer: Has every body been sworn in that's going to testify? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. O'Donnell: To answer your question, Commissioner, one of the basic reasons we've come before the boards and this Commission to get extra parking, is we've had tremendous difficulty in obtaining a tenant for the property with the difficulties with parking that have occurred in that building in the past. The reason that the parking is not being used is because the building, at the present time, is not being used, but when it was filled... - Commissioner Alonso: No wonder. Mr. O'Donnell: ...a year and one of the main reasons we need the parking is so we can get a quality tenant to get in their with their - basically, they have their employees... - Mayor Suarez: Tony, you're going to have to take the movable mike. Commissioner Alonso: You mean that building is vacant now? = Mr. O'Donnell: That is correct. Now... Commissioner Alonso: Who are the people parking in that building now? Mr. O'Donnell: Some people - well, maybe Dr. Vicente is here and... h,, Commissioner Alonso: Because there were few cars. Mr. O'Donnell: Dr. Vicente, maybe you could answer. Dr. Armando Vicente: I have my office on the fourth floor, I am the only tenant in there. I use about 2,000 square feet and it's 28,000 empty. - Commissioner Alonso: I see. Mr. O'Donnell: Basically, just to remind you because I know it's been a while; - and I gave an exhibit to you. This blue area here is the lot we're talking about, expanding the existing parking which is already here. The existing entrances are next to the building which exists and off of Coral Way, will -not }r have any intrusions into the residential area, will be able to pull parking that now, when it is overflowed, goes into this residential area. We're not going to intensify our use and we're going to have no intrusion into' the residential area. If anything, it should be a major benefit once this 1 property is leased and is operating. r Commissioner Plummer: Jxcuss me, Tony, do you have ingress/egress on 2-2ad v Avenue now? - Mr. OID90nells We have ingress/agrees on 18th Avenue and We h±�v� ingress/ogress on Coral Way and our covenant Will - this Is the landpicag#g } buffer we now have on there, _ b Y 135 loci Commissioner Plummer: Oh, OK... Mr. O'Donnell: I'm sorry. You're right, it's maybe better that way for you. This will be, again, this will be Coral Way - excuse me, this is Coral Way and this is the ingress/egress we now have, where we now have, it's just going to be continuation. We're just going to cut through here, build a wall, landscape it and it will really be an improvement to the area. It will not be a detriment. And it doesn't set the type of precedent that people are concerned about because other properties don't have this ability to ingress and egress off this street still in the office area, and we've covenanted not to use any of our floor area ratio, we've covenanted to use it solely for parking, so the Planning Department's initial reaction to this was, we don't want intensified use, we agree not to intensify the use. Their initial reaction is, we don't want intrusions into the neighborhood, we made sure that it would not be. It's a self-contained situation, and we believe that the _ extension of this landscaped buffer here - an extension of the wall, will — really make a major improvement, obviously, for us, because it will allow us to have a first class tenant that will need the parking for the property. But even for the neighbors and other people who are concerned about the precedent. This is not, again, a commercial use. It's being used at night and on the weekends it's primarily an office use, this whole block is office. And office us with transitional parking is the best type of use because of that reason. Whereas, commercial use oftentimes can be a lot more intrusive because it's _ used when the people are home on the weekend and things like that. So, we think overall, we've done the best we can, and it should be something the Planning Advisory Board has recommended approval, the Zoning Board has recommended approval and we've gone over these issues with them, and I think we've basically satisfied the problems raised by the Planning Department and even the neighbors as beat we can. Mayor Suarez: Does that pretty much complete your presentation as the applicant? Mr. O'Donnell: Yes, sir. - Mayor Suarez: And, I guess you get a little time for additional statements. _ Go ahead, sir. Mr. Pons: OK, my name is Mario Pons. My address is 2474 S.W. 13th Street and I'm the president of the Shenandoah West Little Havana Homeowners Association. Mayor Suarez: What did you do with Westbrook, was it? Mr. Pons: Yes. Mayor Suarez: Is he still - did you depose him or is he vice president? �7 Mr. Pons: No, he's the VP. Commissioner Plummer: Are you speaking as an individual or on behalf of the organization? Mr. Pons: On behalf of the organization. f Commissioner Plummer: Thank you. Mr. Pons: Last time when Mr. Westbrook was here what he conveyed to us was t that there weren't enough people from the immediate area from S.W. 21st K, Terrace, that were here and had not voiced their opinion here publicly. Wo;do have 132 signatures on a petition against this change of zoning, we are opposed to the change of zoning. A parking lot would only allow the parking lot. A change of zoning with a restriction for a parking lot only is gging-to Put us in a position that was just like the shopping center at S.W. 16th Street and 22nd Avenue, which was the procuring cause of creating this organization. Here we had a shopping center built on a chango.of zoning with a series of covenants and every year or so, the developer or the owner would coarse back and try to have these covenants released and that's our proble*,vith the covenant. Second of alit we're opposed to the parking lot per se. Shenandoah is a residential community of Single family homes basic&ily ,dud we'd like to keep it that way, and a lot of the people from 230 Urrece Gre very concerned about ghat this could do to their property valu4. It'o.YOry difficult to sell a home when you have a view of a aspbalt parki lgt xl:.s 3 or 1 �M1 X 1$6 '-Aar ��►� its ;s wall, and if you've gone by this particular site, you see graffiti on the wall and it's not a pretty sight, and we think that it sets a basis for a whole domino effect right down Coral Way to having parking lots and more commercial type uses and we're vehemently opposed to that. I'd like to call upon some of the people from S.W. 21st Terrace to state their name and their address and their opposition to this for the record, and I also have a couple of people that had to leave, and they signed a statement attesting to that. Mayor Suarez: You can put that into the record. Is each of the persons, basically, just going to say their name and address? Mr. Pons: Except one is going to speak and officially introduce the petition. Mayor Suarez: OK, that person will try to keep to the Code requirement, but we have to be flexible, I guess, because we've given you sort of an unlimited time. Ms. Illeana Pons: My name is Illeana Pons, I live at 2141 S.W. 21st Street which is just a block away. I am presently being affected by individuals parking in front of my home and also the individuals who live on 21st Terrace are being affected. Now, I also have pictures here of what they - the owner and his attorney - calls landscaping, which is graffiti on the wall of the parking lot and the lack of paint on the wall also. We have taken a petition of 132 residents in the area in which they are opposed to this change of zoning. We just have 132 because we did this in a matter of a week. We hand, we walked from house to house to take these petitions and we also have other individuals here against the change of zoning. Ms. Lillis D. Blanco: I am Lillis. D. Blanco and live in 1775 S.W. 22nd Terrace, and I am opposed to all those changes. Almost all the people, families that live around me, we are all retirees and we want to be in peace. _ - Thank you. Ms. Gloria Valdez: My name is Gloria Valdez, I live at 2130 S.W. 21st Avenue, right on the corner of 21st Terrace. And I oppose the change of zoning. They - are ruining our neighborhood. We have been a peaceful, quiet neighborhood, —_ residential only, and now everybody is coming in there, and we can't even get into the house. I have my entrance to my garage. I have had twice to call the police to come and remove the people from my parking because I can't even get into my own house. I don't think that this is fair and I oppose the whole _ business. Commissioner Alonso: Could you state your address for the record, please? Ms. Valdez: Twenty-one, thirty S.W. 21st Avenue, corner of 21st Terrace. It is 21st Avenue and 21st Terrace. Commissioner Alonso: Thank you. Me. Pilar Morada Andreo: Good evening, my name is Pilar Morada Andreo, and I am opposed to that because it is bothering us a lot, the people parking even in my driveway and in my sidewalk. I mean, you know, the one that cross my house. I live on 2100 S.W. 21st Avenue, and it's very disgusting to come and - not have a little space to park your car with the HUD office that is there. Thank you. Mayor Suarez: Is that it, Mario? - Mr. Pons: No, I just wanted to make the point that when these lots were k purchased, they Were purchased as residential property and obviously, with a; condition of the property, it was presumed that at some point in the future, they would come in and ask for this change of zoning. Apparently, when this s building was redesigned, remodeled, a few years ago, this used to be about a two-story structure, it was redesigned with this parking lot. What v0,+re saying, and what the petitioner, the applicant is saying, is that now we have an empty parking lot. I've driven by there basically on a every day basis. _ There's an empty parking lot. They're blaming the cause of the empty,parkLAS { lot and the empty building on the fact that they don't have enough pa;,kiing s think that the problem is, is that perhaps the building was iii plaau�dn iii advised, and this is a risk that a developer and a property owner,,Oho p develops the 'property, is taking and what they're sayintj ip that now, 1We YA, . . taken our risk and we've failed and we have to come back and change the spring` f�y lay iieoll�llr 2 .v `sty t � t on these residential lots in the back. I really don't see the connection between changing the zoning and the success of the building, and I don't believe that the City Commission should be involved in bailing somebody out in a matter that really has no connection to the problem with the building, and that's getting the building leased. perhaps there's a market problem that's external to the building and there's nothing really wrong with the building as it is. And, that's our basic opposition to this item. Commissioner Alonso: I have some comments I'd like to make because I'm very confused by some of the statements that I have heard. These people are located in the 1800 block - right? -it's eighteen... Mr. O'Donnell: It's right on 18th and Coral Way, yes, ma'am. Commissioner Alonso: OK. So some of the numbers of the properties that have been listed here are actually two blocks away, precisely the area that I think is a disaster for the neighbors because they have to suffer the intrusion of the commercial area in their neighborhood and there is no parking provided in that area and, therefore, the public come into the neighborhood, park in front of these homes, block the entrance of these houses and create a very serious situation for the neighbors of that area. I have always thought that it was a tremendous intrusion in that neighborhood. But, of course, Coral Gables -it is a commercial area and it is a reality, and when you purchase a home behind a commercial area, that's something that sometimes you have to suffer. On the other hand, what these people are asking is to provide parking spaces in order to avoid precisely what we see happening in the two blocks that there is no parking space, therefore, they take the front of the homes, they park everywhere. I go to that area often, myself, and it takes you 10, 15, 20 minutes to find a parking space and, besides that, when you park, you feel sorry for the people who live in that area because they have to endure the horrible situation that they have in their neighborhood. No parking, so they take the front of the homes and they block the entrance and sometimes even the"" driveways.of those homes. They are offering giving more parking space. The truth is that they own a house that it's ugly. I went and I parked in front of that house today. It's not painted, it's really a disaster area for that community. I think the proposed area for the parking space. We have there, in existence, two parking lots as it is now that I found empty. I want to stress that for the record. I found today, that there were only very few cars in that parking space and I have to say it has disturbed me tremendously. The requests, and it comes to mind, do they have something else in mind? Do they want something else? And I'm going to also a few questions from you gentlemen, and the lady as well, so that to know a few things about that property. But, how can we make an honest decision in this community to give the best, the vote that is best for the people who live in the area? Precisely the people who live there, not the ones who are suffering a situation, precisely because they don't have parking spaces in that neighborhood two blocks away from there. We are getting confused, and to me the messages we are sending are wrong. We have intrusion in this section already because we have already two parking lots there in existence. By the way, the graffiti on the walls, it's ugly. There is no landscaping there that is pretty, and the maintenance in that wall is disgusting. You should have painted that prior to coming to this Commission to ask for any changes because when I went through and I saw the graffiti, it bothered me tremendously. You should have painted that a little bit. But, at the same time, I want to give a vote that really reflect the best decision for that community, and I have mixed feelings as to say no to the request, knowing quite well that two blocks } away those individuals are suffering precisely because there is no parking In that area, no parking lots available. Therefore, they park everywhere. if I were living in that area, I will feel really disgusted 24 hours a day because I will find all kinds of people parking in front of my property, and I find It an intrusion in my area. But it is a reality. What do we do?Do we aay0 no to parking? And continue to create the same type of situation that we have a two blocks away? I don't think that, that is the answer. .ter, t:< UNIDENTIFIED SPEAKER: But they don't even take care of the building they've got there now. Howard they going to take care of more space? Mr. Pons: The parking lot that exists, I believe under a specie use permit, on lot one, is just one parking lot one and, like you x0id, It's bii ii�s��' empty. I have empathy for what you're saying because t have .the feeliaga. How caa we any no to parking over here, vbeu, om 21 rt d9eau+e" 'end t 22nd Avenue, it's all covered up with parking. but the piroblow is thsir iiy V lg$ } P 4v 'x 4A of these projects on Coral Way were ill -planned and ill-advised, and they were planned with inadequate parking. Perhaps they rested on the City's minimum standard for parking and then said, oh, well, it's the City's fault, and now we need to tear down these homes and build more parking lots and that's a pernicious effect on the property values of these property owners on 21st Terrace, especially the ones on the north side who are going to suffer because they're going to end up with parking lots with walls that look like East Berlin, with graffiti, ill -kept grass, black olive trees that are very cheap and plentiful and they stain the sidewalk. I mean, I don't think that is the solution. I think that if we make an intent to allow only commercial development on Coral Way, which is sensitive to this issue from the beginning, not coming back and buying cheap, residential lots and trying to convert them into commercial, because of the obvious profit motive there. But I think that's a problem. The problem is that for the inadequate parking that exists on Coral Way, is first of all, private parking, it is not public parking. It is not accessible to the public for free and that's a problem. You got to the bank to make a deposit and you don't want to spend two dollars on parking for half an hour or a dollar. And that's what happens when you don't have adequate parking, adequate free parking where people can come in, use that parking, and leave a building in a quick span of time. But I don't think that the answer that they're proposing is going to help the situation on 21st Avenue and 22nd Avenue where there is a parking problem. I think that the motive behind this is to, at one time, go ahead and once they have the zoning changed to commercial, to office/commercial, to lift the covenant, or even if they don't get it with a covenant, come back and stick a building in there and we're opposed to the parking lot, we're opposed to the commercial intrusion unless we see something that is well planned, planned from the beginning and something which, perhaps, assembles other adjacent commercial lots that are already commercial on Coral Way and brings them into a unified plan. And this piece meal mentality of buying up these residential lots is really tearing away at our neighborhood, at Shenandoah, which is a residential area and that's what - we really oppose that. ® (Applause) Mr. O'Donnell: Mr. Mayor... Mayor Suarez: The Commissioner is going to inquire and then you'll have a chance to rebut. Commissioner Alonso: How long have you owned the property? Dr. Vicente: Since 1973. Commissioner Alonso: 1973? Dr. Vicente: Yes. _ Commissioner Alonso: And the building, how long has it been vacant now? Why the parking lot is empty? You say the building is vacant, how long has it been like that? Dr. Vicente: For about a year. We were remodeling the building. As you noticed, the building in the front has been remodeled and painted. We have been holding the back, the parking lot area, since, you know, we applied for this, you know, transitional use for a long time. So it's no sense you know, _— to redo everything if we have, you know, to put asphalt and put, you know, paint and everything in the new construction. That's the reason... Mr. O'Donnell: What he's saying is, we've remodeled the office. We are waiting to finish off the rear with the - to see how this hearing came out because we'd be adding a wall to the what is there now and we'll be painting that. And, in general, it has been maintained in the past, but that's an explanation now why it's the way it is. It really has. The landscaping is there. But another thing I'd like to... Mayor Suarez: Please, please. Mr. O'Donnell: ...point out is that the testimony that you heard ads that there was existing parking problems along the residential streets which is really the thing we're trying to address in the future. When this building i, was full, that was the problem. #fie bought these lots, this lot and the 440 'FM r FR t 139 Docombsr 14 + �. £. UC'a5. ,., `:! `'t ..,..,';3. _,. },, :.,. ..,: •.. 's ',a'. .:'...# - .rs�.ait ,. '� a+..t*rt'IW}`��,:�%:,li+ y �1 I adjacent to it, over 8 gears ago. He didn't buy it to turn around and build a building on it. Right now, what we're saying is, we want to add one lot, about 18 parking spaces that are internal to our existing parking. It will have no impact on this residential area. The only one that will have a direct Impact would be our own lot that we will continue in residential use, either by leasing or selling it next door. Commissioner Alonso: The pink house next to the one that is not painted. Mr. O'Donnell: Yes. Commissioner Alonso: Do you own that property as well? Mr. O'Donnell: Yes, we own this lot right here, lot three. It was originally in our application. We withdrew it when we had as part of our response to Planning Department's concerns about moving down the 21st Terrace with parking. And we said, all we're doing is right behind our existing building, directly lined up with our existing entrance off of Coral Way to be able to put 18 parking spaces, which will, once this building is leased up and working again, will be a benefit to this community and not an adverse impact on the community. Commissioner Alonso: This property is rented, right? -the pink one? Mr. O'Donnell: Yes. And the reason we're going through the change in zoning is that there's no provision in your Code presently. There used to be, when this parking lot was approved, there used to be a conditional use, or special use or whatever it was at that time. It no longer applies. And so, we're doing it by covenant which will control the zoning and use of this property. We cannot build on this property without ever under our covenant even though we're asking for the zoning. Because that's the only way we can do That's the only way we can get this use on the property. But, essentially, it's the same thing that's already there, a cc -strolled use and internal parking to serve an existing building. Mr. Pons: I'd like to introduce two residents that live near 18th Avenue and 21st Terrace who were here before, but because of the time span, had to leave... Mayor Suarez: Just their names and addresses, Mario... Mr. Pons: Exactly, absolutely, absolutely. -� Mayor Suarez: ...because we've had more than complete ample presentation from the neighbors and its going to be cumulative anyhow. Ms. Mamela Calvo: My name is Mamela Calvo, I live in 1781 S.W. 21st Terrace. Excuse me... Mayor Suarez: She's getting wound up. Ms. Calvo: ...I need to speak in Spanish. My English 2 is a little just -. Ox? Mayor Suarez: Basically, we our need just address ands, j Y your name. We have an idea of why you're opposed. And the more time we give to this side, the moss time we have to give to the other side, plus you're present... _ Y Commissioner Plummer: She was not sworn in. r�Y- n� Mayor Suarez: ...your presentation's been pretty complete, Mario. I presum* r she hasn't told us any misstatements about her name and address... Mr. Pons: No. Mayor Suarez: ...I think you'd better leave it at that. .1. Mr. Pons: OK.' Ma. Calvo: Mayor Suaret: Sonora, w'r 140 Ann L.r " ,g Qx Mr. Pons: All I ask is that everybody that's here opposes change of toning from the neighborhood and the association just raise their hands or stand up. Mayor Suarez: Yes, Anyone who's opposed please raise your hand or stand up or however you want to be identified. UNIDENTIFIED SPEAKER: Mayor Suarez: Nope, sir. OK. Thank you. Anything final, further, final from our applicant. If not, Commissioners, what's your pleasure? You were not represented by the association, sir? You know, I... UNIDENTIFIED SPEAKER: OK, do you want to speak? Do you want to speak? Make it short. Mayor Suarez: Swear him in. You were not sworn in before? Mr. S. Z. Cohen: I was, yes. Mayor Suarez: Make your statement within two minutes, please, as required by the Code. Mr. Cohen: I'll try. S.Z. Cohen... Mayor Suarez: You're going to have to do more than try. Mr. Cohen: ...1510 S.W. 15th Street. I also was at this building today. The house is weathered, yes, the roof looks sound, it's structure looks sound, it looks like it's livable to me. Three wrongs, maybe even four wrongs do not make a right. A City Commission, I think, created this problem. I think this is the wrong forum to correct the intrusion that we're discussing, and it' should be a compensation for taxes. The usage of the building should be reduced to conform with the existing parking provisions. I also would like to include into the record, by reference, the ordinance form, I presume it has. It's J-89-1019. It has items A through M, and I'm requesting strict proof by the petitioner of each of these items so that we know that the Commission has understood the claims which I believe are false, and so we would request that we would accept, in writing, I would, that is, I'm speaking for myself as a private citizen, that these statements be supported, not just presented in ink, and I think that if you reconsider all of the facts of this problem the protection of a residential neighborhood, in good health, it's good healthy stock. It does not need to be cut into and to be reduced. I think good faith requires this type of address. Thank you. Mayor Suarez: Any further statements? Commissioners, what's your pleasure on the item as it now stands? Commissioner Alonso: Let me make a statement for the record. Last week, I was ready to vote yes on this item. Right now, I have a very mixed feelings because of the fact that I found an empty parking lot and in all honesty, it is difficult for me to vote yes in further intrusion into a neighborhood when I'm not voting to correct a problem. I am aware of the situation as they have expressed that the building is vacant and I understand that problem. I also am aware that we need to help to resolve situations in the area, but it's very difficult for me to come here, when I have a neighborhood that is saying,`no, to this problem and when I went by the area and did not find problems with , parking. It's difficult for me to come and say, yes, to another parking lot, You might be able to rent that building, come back here and I will be the first to say, yes, probably, if I found a situation similar to behind the' Glorified area where parking is in front of every home. It's over green areas, it's all over the place. As it is now, I cannot support a vote in favor to another parking lot when I don't see the need as it is now. If you qz have a company that moves in and creates the problem and you come back, I will f be open minded as to consider the situation. At this time, I'm not in' a position to make a motion for approval on this case. 'f t, `K4f (Applause) •Y Mayor Suarez; Somebody want to state anything here in the .form of a mot s►n, approval or denial? e eY f .Y £67 �3 141. °44 t1yy�w� Nr F."R S.F �l:ty Z 4 S¢ fi'�i.u'ou;-i` T, y Commissioner De Yurre: I trove to deny. Mayor Suarez: So moved. Commissioner Alonso: And I second. Mayor Suarez: Seconded. Any discussion? If not, please... Commissioner Plummer: Mayor, just under... Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer: Just under discussion, you know, one of the things I think that was hoped to be relieved was the pressure on the neighborhoods of people who did not have parking on site. Yet, the problem that exists is not the problem as I see it is today, but the demand in the future that the domino theory, if the precedent is set, that it continues on down further the street and I understand, Tony, you've given covenants but, unfortunately, as one gentleman here stated, I was not a party to, and I'm not casting stones on anyone else that did. But we have had covenants broken time and time again and there's just no provision. If this was coming to us under the old provision where we could hold your feet to the fire, I would feel differently. But under a covenant that can be broken, then I don't really have a lot of faith in the covenants. So, I'm just saying that that's the way I am. (Applause) - The following motion was introduced by Commissioner De Yurre, who moved _ its adoption: MOTION NO. 89-1165 A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000, FUTURE LAND USE PLAN MAP, BY CHANGING THE LAND :.. USE DESIGNATION OF 1800-1818 S.W. 21 TERRACE FROM - SINGLE FAMILY RESIDENTIAL TO OFFICE. (Applicant: - - Armando Vicente) - 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 Alonsoy Vice Mayor Miller Dawkins V _. Mayor Xavier L. Suarez - ,j NOES: None. - r ABSENT: None. { Mayor Suarez: I don't believe it, item PZ-3.' Ms. Hirai: Sorry, Commissioner, I didn't see you. Commissioner Dawkins, - _ please. fa' 4 Commissioner Dawkins: Yes. f rr x !F �3 442 —,—r--�-rw..--------.--- -rii—r--ririi.—r—iii�i��—.ii.r.: 34. DENY PROPOSED FIRST READING ORDINANCE i CHANGING ZONING ATLAS AT 1800= ISIS S.W. 21 TERRACE FROM RS-2/2 TO RO-3/6 (Applicants Armando Vincente). Mayor Suarez: Do we need to vote on PZ-13? Mr. Joel Maxwell: Yes, sir. Mayor Suarez: I'll entertain a motion to deny PZ-13 for the same reasons stated. Commissioner De Yurre: Move. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-1166 A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO CHANGE THE ZONING CLASSIFICATION AT 1800-1818 S.W. 21 TERRACE FROM RS-2/2 TO RO-3/6. (Applicant: Armando Vicente) . 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. 35. DENY PROPOSED FIRST READING ORDINANCE - CHANGING ZONING ATLAS AT 3040 CARTER STREET AND 3065 PLAZA STREET FROM RG-1/3 TO CG-1/7 (Applicant: Culligan Water Conditioning, Inc.) Mayor Suarez: PZ-14. Mr. Guillermo Olmedillo: PZ-14, Commissioners, is an application for a zoning change of this property is proposed to be going from` a duplex''zoning to a liberal commercial zoning. This is property which is located at 3040'Carter, Street and 3065 Plaza Street. Planning Department has recommended denim.. The Zoning Board has recommended denial to you. Since' "'there 'a'''a court reporter in this particular item, I mould like to expand the" ar�uasents a little bit. The Planning Department, in September 25th, 1989,'-sent a'lettst ,M. to David Arnold, the attorney for the applicant explaining that''the 'piss amendment was not necessary. That, although the comprehensive plan is read as a zoning map, the line that was drawn on the vomprohaasiwe . plau'' Mas " 1 close enough to their property► so than we did- consider that the plan•-ame'ad nt arms not a necessary issue to be brought before the City Cowlesion� applicant vex allowed to go ahead and apply only for the rotting chain ''lit�t# =' whoa we `woos into the area; we saw that the `area 'is stable, the+ plcea M .i�- �► , residential neighborhood which is very "stable.' very '"eolitl h e era recomm ading to you denial of that particular ' app'l icatian Alei+o bst- n i • consistent with the comprehensive plan. As you know that the issue of consistency includes everything out to the use which is designated for in the comprehensive plan, so that issue can be taken from any district which is a lesser district than the one that it's designated for in the comprehensive plan. As I said before, the Planning Department recommends approval to you .-. denial, excuse me - and the Zoning Board recommended denial to you on a six to one basis. Commissioner Plummer: For the record, who are the owners of the Culligan Water? We don't have it in our backup. David Arnold, Esq.: The property is owned by Culligan Water and it's listed on the... Commissioner Plummer: But who are they? It's a corporation. I don't have the backup, at least I don't think... Mr. Arnold: Yes, the president is Robert... Commissioner Plummer: Wait a minute, I'm sorry, I stand corrected. Here it is. It's in a different format. Mr. Rodriguez: The presentation from the staff is already finished, now you have the... Mayor Suarez: Please, the applicant. Before we take testimony from the applicant, all who wish to be heard on this item, for or against, please raise your hand and be sworn in. And if you stand up, that's even better, that helps us to identify. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: Please, go ahead, yes. Mr. Arnold: Mr. Mayor, Commissioners, my name is David Arnold, I'm the attorney representing Culligan Water Conditioning, Inc. What I'd like to do first is I'd like to use the overhead projector to give you a perspective of - the property. What I have up on the projector now is the future land use plan for the City of Miami and you'll note the area that we're talking about is the area that's colored in in yellow. That's right along Dixie Highway, and I'm sure most of you are familiar with the Culligan Building. It's been there for many, many years. But this is the future land use, and the yellow part is designated on the future land use plan as general commercial. What I show now is the existing zoning. You'll note that the area that's colored in, in yellow is presently zoned general commercial, and the other area is general residential. The blue line that you see running across, is the demarcation - that's where the line for that separates general commercial and general residential on the future land use plan. So, the property that's above that blue line and is white, is designated and planned to be used as general commercial and that's where our property is located. One of the -problems in _ this particular area is, instead of having an intrusion into a commercial intruding into a residential area, we have residential area intruding into.& commercial area, so that it's kind of choking it off and not providing enough a� property to properly be developed. The four lots that are in question are .30 r foot lots. This was a plat of many, many years ago and when it was initially platted, you could build on a 30 foot lot. Today.you can't do anything with a 30 foot lot. You'll note that the lot 20 is our... we have property lot :20 - and lot 19 and the zoning cuts the lot right in half so you've got 30 feet on side and 30 feet on the other. And, because of the way this is - :;the intrusion of the commercial or the residential and the commercial, we-havol, { very short space between the residential zoned area and _Dixie Highway. Tlils rr is an area view just to refresh your memory of some of this area. Tha•areA' that's marked in red is the existing Culligan facility. You'll noto_there�s no setback, there's no provision for landscaping, there's no parking.,. Vhen this was developed, I don't know how many years ;old this place is, thsy'vs been there over 20 years. This building was probably built more than,40.yodrs before that, It's a very old building. At the time, thin area eta• probably, very somewhat remote when it was built and there was no provision forthooe for -parking, landscaping, and setbacks that we havo. now, so that t►ovw: s situation where we have a fairly large building of say, ovao 100000.440t,buttQN none of the amoulties that we're now used to. The two .li,ttla ,lots :: thar +, r- a E! } 144Gb l4� RE tIC� 1 sr s . r,; .� Tx �� �fi� =�'• Fla ;, ,� in the bottom, one in red and one in green, is another vacant lot which is only total 60 feet wide, half commercial, half residential. You can't put anything on either property. The back of the Culligan, that other green area to the right at the top, consists of three thirty foot lots. One 30 foot lot, there's nothing built on it and the other is a small house. You'll note, to the south of the two lots is where the Bojangles restaurant is. Nov, in the Bojangles restaurant, if you've been by there recently, it's all overgrown, it's boarded up and the area is a very blighted area. The house and the lot next to those two small lots is also in a state of disrepair and also as to the - not substantially subtracts from the character of the neighborhood. They are working against me here... Mayor Suarez: Laurie will always do it to you, one way or the other. Mr. Arnold The area to the north is the Collection auto lot and that's also right across the street from our property and that's all the - where they park the cars. This is a more finite view of the demarcation between general - commercial and general residential and the future land use plan. The orange line, above that orange line, is planned to be general commercial. Below the orange line is general residential. You'll note that the lots we're talking about in this area, there's only the four that we're talking about that are completely in the general commercial area, and lots 21 and 22 of which there exists two dilapidated houses on that piece of property. So all the property — that is affected in general residential now needs to be something be done with it. We're asking that the zoning be changed to what it's meant to be, and that is commercial, because unless a developer has some incentive to come in and tear down a over 10,000 square foot building, there's nothing he's going to be able to build on that area. The objections primarily raised in the Zoning Board were the people that were objecting because there was a lack of parking and there is a lack of parking because when this area was designed and grandfathered in, there was no parking, or very little parking. If a new developer comes in there and purchases this property and Culligan has it for'* sale, if they do purchase the property, then they will build something there subject to the zoning and planning's approval which will provide parking, provide setbacks, provide landscaping, provide buffer and all the other requirements that go with it to improve the neighborhood. Because the alternative is to let the neighborhood exist as it is, which is not a very good alternative. I have with me, I retained an architect by the name of Sam Matthews who is also here, that I'd ask him to speak to. He is a registered and licensed architect. He's practiced architecture and planning for eleven years. He's the owner and principal of Matthews & Associates, he's a member of the American Institute of Architecture and the Florida Planning and Zoning Commission. He's done projects such as the site plans for the University of Miami. He's done the site plans for NASA at the Cape, both for the shuttle - assembly, for storage facilities, for crisis fire and rescue stations at the Cape. He's done the Key West Redevelopment Project and he's also done the 600 Brickell project, which is more closer to home. And I'd like Mr. Matthews, I've asked him to analyze the situation there and I'd ask that he would address the Commission. Mr. Sam Matthews: As David has already said, my name is Sam Matthews. I am a registered architect in the State of Florida. I practice at 2600 Douglas Road. Mr. Arnold came to me with this particular site and asked me if I could analyze the site from an architects perspective. How would I go about putting ; buildings on this particular site and to begin with, and I have a board that I'd like to step up and talk with. I'll like to begin with lot number 20 which is the lot that is a 30 x 120 lot. Based upon the present zoning of the City of Miami, this lot is not feasible for use either as a residential., piece of property or a commercial piece of property. And the reason I say that is that, based upon the present setbacks, the lot would only leave a building' area of approximately 15 x 95 feet, and I don't know of too many houses that have been built recently that are 15 feet wide. Number two, the zoning presently requires a site to have a frontage of 50 feet, you only have a frontage of 30 feet. That's another reason that the site is not buildable; g And number three, the site would be required to have a minimal square foot area of 50000 square feet, and it only has 3,600 square feet. So, for all intents and purposes, that particular site could not be build on the way It exists today. Talking about lots 8, 9, and 10, we really couldn't look at z` that in the some perspective. I think you have to look at the whole property in context, and ghat I've done is prepare another diagram which indlcatoxi= and thin is theoretical in nature because we really don't have a.ol#pnt, a►a�r�. '' working with theory here. If we assume the present City of ftamL �setbacics for. '"' M7�7I bo A3 the property requirement for a landscaped belt around the property, parking for the facility, and a driveway. Based upon the size of the site now, if a developer was to come back in and try to rebuild on that particular site, they would only be able to build a facility of approximately 3,200 square feet. That's not a relatively large facility based upon the current cost of the land. So, what I was asked to do, and I think what I'm trying to say to you is that, in the current state that the land is in, you're not going to see any developer come back in and actively try to upgrade the quality of the area. One other issue that I did take a look at, and I understand was a source of complaint in the neighborhood, is parking. And the reason that it is a source of complaint is that the way that the buildings were built 20, 25, 30 years ago, parking really wasn't a big issue, not like it is today. And the building that exists there only provides five parking spaces and there's many, many people that are coming to that facility day in and day out, and Culligan has purchased the piece of property behind which they do have parking on, but it really doesn't service the requirements that they have and the only way, really, to make that piece of property work would be to be able to put the two pieces of property together. Mr. Arnold: Mr. Matthews, on that drawing, that assumes that those three lots would be rezoned and if they weren't rezoned, then the building would be... Mr. Matthews: Well, it would have to remain in the condition that it's in. Mr. Arnold: Because thinking of an economic value, if I was going to use this property, I would certainly use the 10,000 plus feet that I have already instead of coming in and putting up something that might only be a thousand feet. It doesn't make any sense. And for the development of the community, when it - once these old buildings are taken down and if the new owner comes in here, he's going to have to go to Zoning, he's going to have to go to Planning, he's going to have to do all the requirements, he's going to have to do, provide the parking to alleviate the problem these people are having. He's going to have to provide the landscaping to improve the beauty of it. He's going to have to comply with all the present zoning factors and that's one thing, the existing building can stay there forever but it's going to be a continued blighted condition unless they're allowed to get some depth in the property because this is the only area along Dixie Highway here that is so short it doesn't provide for development. And it adds to the blighted condition of the overall area. Mayor Suarez: Anything from the opponents? I presume that completes the applicant's presentation. Ms. Rosalind Sparks: Nice little warm fuzzy. Congratulations to the returnees and the new one. We need that at this hour of the day. t _ Commissioner Plummer: What about the old ones? - Mayor Suarez: The remainees. Ms. Sparks: Well, the remainees, your time is next. Commissioner Plummer: My time is what? Ms. Sparks: Next, whatever. My name is Rosalind Sparks, I live at 3067. = Carter Street and I hope it's there. My house was built in 1925 and it is now 64 years old, in that same little spot. We are here as residents of Carter Street, Carter Street and Hibiscus, the little area around there so affected, R those of us who got the cards. Carter Street is a two block street and s Hibiscus is a two block street, but it's a little larger. We are here in terms of protesting - not protesting - we are against the zoning change because we are there, hopefully, to stay. And the present condition that is _ = brought upon us by Culligan Water, plus the Collection automobile place, which we were so nice and generous to give them a variance, and they did not use - _ they are not using that variance the way they were supposed to. Therefore, I would like to read to you a resolution coming from us in that area and then y' we'll have two other persons. Resolution: Whereas, we, the homeowners and - also the landlords of rental properties in the thirty thousand block of Hibiscus and Carter Streets since the early 1960's, appreciating zonins constraints, assuring peace and quiet, and whereas, we, the hoUmoowners; proceeded with haste to procure all rental properties as they become aYailable G In order to assure a safe, quiet, and clean neighborhood, and, whereog# the 146 t F C Ti good citizenship of all residents can be attested through the like of police involvement in the neighborhood and their compliance with garbage and waste collection and, whereas, because of our humanity and concessions, thus enabling a business to get a zoning variance in order to park it's employees cars on a lot zoned R-2, our lives became nightmares with cars speeding up and down the streets in test drives, delivery cars and vans and trucks blocking the entrance onto Hibiscus Street and Carter Street from Bird Road and from U.S. 1 forcing us to wait customer delivery vehicles often blocking the residents in their homes, no matter what the emergency. The vehicles from the car business colliding with each other at the intersection of Shipping and Hibiscus cause us to fear for our personal and childrens' safety. Be it resolved that the present zoning remain "as is" so that we might continue to live in relatively peace, quiet and safety with the absence of frustration or more noise, traffic and those horrible bright lights shining in our windows at night forcing us to use our air condition when it would not, otherwise, be necessary. And the lack of easy access to and from U. S. 1 and Hibiscus and Bird. We, the homeowners, request that the zoning remain the same, and this is signed by the residents of the area. And with one little minute, I would like to say, our greatest fear now, there are all kinds of rumors spreading on the land use if you give them a variance. We have had all kind. And since the property is up for sale, we have no idea, number one, who will buy nor what will they put there. Mayor Suarez: OK, thank you for your statement. Mr. Rodriguez, does that basically reflect your views, ma'am? UNIDENTIFIED SPEAKER: Basically. Mayor Suarez: OK, why don't you just give us your name and address because it's getting cumulative and I'm not sure that it's going to help you to go much more into it. Ms. Carolyn Curry: My name is Carolyn Curry and I live at 3070 Hibiscus Street. Mayor Suarez: Very good, thank you. OK, Mr. - oh, Ms. Armbrister. Commissioner Plummer: Oh, oh. Ms. Esther Mae Armbrister: No, it's no oh, oh, I just want you to know - I - _ guess I'm about one of the oldest people in here - but that particular section- was settled by a white man who hired colored and white to do his work. _ Consequently, when the fruit stopped, when he decided to sell out, he had _ those little shotgun shacks, that you call them, that the Negroes and white people live in, so that is one of the reasons why the lots are so small because you allowed it to happen, you know, this is what you did. And, also } it is not called Mundy subdivision, in case you did not know it. But, about i four or five years ago, the tent people came up here with the same problem. They wanted to extend their business from one street through to the other, and it was suggested by Armbrister that they go over in Coral Gables and find some I place to move their business, and this is what they did and they're doing - } beautifully aver there. So, I would suggest to Mr. Culligan and his company'`' j to do the same thing because I cannot see why you want to continue to invade into the area. In 1920, the City of Miami - I'm sorry, but I have to say _ this - in 1920 you had an architect, the City of Miami, hired an architect to ' lay out white town and you called us colored town. They did a beautiful job — of it, but you did not go through with it. Had you done that, this would have }k _ been a beautiful area. This, the west and the east end, would have been - beautiful. So, I would appreciate you denying them what they want because - it's continuing to invade and, uh uh, it's a no, no. Thank you. ~, Mayor Suarez: OK. f Commissioner Plummer: You've now heard from the terror of Charles Street. i if •_ e Ms. Armbrister: Well, I could tell you about that too. I r Commissioner Plummer: You always do, you always... Mayor Suarazz I can't imagine anything that would be a fair rebuttal to that,. It's basically the residents, how they feel. If there's any clarification or � correction you want to make or just final point? kyx. 141 Mr. Arnold: Just a final Point. Commissioner Plummert Mr. Mayor, we'd better have a clarification. You don't need this on your record. This is item 14. I have to leave at 9:00 o'clock. Vice Mayor Dawkins: Well, then, Mr. City Manager, item 19 and item 20. I mean, this has come up how many times? Mr. Sergio Rodriguez: Item 20 has come like four or five times already. Vice Mayor Dawkins: I mean, I think it's just criminal, I mean, for us not to do that. Mayor Suarez: OK, let's resolve fifteen - I mean, fourteen, then, and let's see which ones we can dispense with or just postpone for another time and try to get to 19 and 20. Commissioner Plummer: Miller, are you saying, hear the others? Vice Mayor Dawkins: I say, hear 20. Mayor Suarez: Anything else further? Mr. Arnold: Yes, Mr. Mayor, I would sympathize with the people that complained about the parking, and that's exactly what redevelopment's going to resolve with the help of the City. Just to point out, one more time, those lots to the left, running 24 through 31, that's all Bojangles, that's all commercial. Lots 19 and 20 looked right into the drive through window of the old Bojangles... Commissioner Plummer: Huh? Mr. Arnold: ...both of those are 30 foot lots; one residential, one commercial. The other lots, 8, 9, and 10 across the street from them, is the Collection car dealership. So, we're not intruding into the residential, but we need the space to properly develop this to provide for the parking and to really develop it right and tear down the existing structure. Mayor Suarez: OK. Commissioners. Vice Mayor Dawkins: What's the administration's recommendation? Mr. Olmedillo: Denial, sir. Vice Mayor Dawkins: Hmm? s Mr. Olmedillo: Denial of the application. — _ Mr. Rodriguez: Denial. Vice Mayor Dawkins: I move the administration recommendation. r Mayor Suarez: So moved. ' Commissioner Plummer: Second. 3 — ? Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll., The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-1167 A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO = f CHANGE THE ZONING CLASSIFICATION AT 3040 CARTER STET AND 3065 PLAZA STREET FROM RG-1/3: TO CG-i1.7. (Applicant: Culligan Water ConditioalaS.) r st 140 I�Oo as E Y Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. --------------------------------------------------------------- 36. DENY APPEAL - UPHOLD ZONING BOARD'S DECISION TO UPHOLD PLANNING DIRECTOR'S APPROVAL OF CLASS C SPECIAL PERMIT TO ALLOW OFFICE BUILDING AT 2701 DAY AVENUE (Appellant: Apogee Association, Inc.) Mayor Suarez: PZ-15, very quickly, hopefully. Mr. Guillermo Olmedillo: PZ-15 is an appeal by an objector to the Class C which was issued originally for 2701 Day. The decision of the Planning Director was upheld by the zoning board Therefore, the neighbors have appealed that decision of the Zoning Board. As is customary, we hear from the appellant first. Commissioner Plummer: Well, wait a minute, wait a minute. My record here says that the Zoning board recommended denial. Mr. Olmedillo: Denial of the appeal. Commissioner Plummer: Oh, of the appeal. Vice Mayor Dawkins: According, Mr. Cardenas... Commissioner Plummer: Denied the appeal... Commissioner Alonso: Denied the appeal... Vice Mayor Dawkins: ...I was told that the differences were worked out and were agreed on between the individuals. Mayor Suarez: Objectors and the applicant? Mr. Henry Ernst: No, they're not. No, Mr. Commissioner, they were not., My name is... you want me to proceed? Mayor Suarez: Yes, the first of all the applicant in this case is the appellant and the objector. = Mr. Olmedillo: That is correct. Mr. Ernst: Yes. My name is Henry Ernst. I live at... Commissioner Plummer: Have you been sworn in, air? Mr. Ernst: Not yet. Mayor Suarez; Swear in all that are going to be expected to tentity. T = F" AT,THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCEtO, _ 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. grunts My name is Newry Ernst. I live at 3132 Center Street.._ I'm.: the vino president of the Apogee Cando Association. Waiting fear our cisgo tq re µp oa meetings like this and tonight was no exception, I can't hgip..but 40:90! bow much time you Commissioner members and you, Mr. Mayor,:how-to-;devgt to , the yroblema that arise at the boundaries between ocnnmere of oad .. ccggit1 .11 i;I' i ,F.• F . boning, transitional use, parking, how to mainta in the veil, a9" 1 149 Men 01, fi r $B i n• I can't help but notice how you are called upon to solve those problems after they have struck, not when it's time and you could do something constructive about them. We're here tonight because we'd like to avoid those problems arising in the case of this development, like to do something about it now, or rather than when it's too late: I'm not too sure about my American proverbs, but there is one that talks about an ounce of prevention being worth more than a pound of cure or something like that. - Conm►issioner Plummer: There's also another one that says, that if you speak into the microphone, we can hear you better. Mr. Ernst: In this case, this task of preventing future difficulties has been made much easier by the Commissioners leadership in establishing the 27th Avenue special zoning district. This special zoning district provides for a commercial area from 27th Avenue right to Center Street, in other words, one full block in and not just a half block. It provides for the commercial activity to be on 27th Avenue to create a gateway into the Grove, and it - provides for a gradual thoughtful transition of the area to residential aspects, as you go towards the back, by means of providing buffer zones and _ rules for how the landscaping has to be done. With this integrated approach to the development of the whole area, you have laid to rest, or you have potentially laid to rest all those ugly problems that arise at the junction of the commercial to the residential area. We will not have a combat zone consisting of little parking lots with dumpsters and unpainted walls and so on, but we have a thoughtful transition from commercial to residential. After the battle of 27th Avenue rezoning, after the dust of the battle of 27th Avenue rezoning has settled, I think most of us owners in the area now agree that you Commissioners have done the right thing. But, unfortunately, the development that is proposed for the adjacent area to the 27th Avenue gateway, - the area adjacent to Day Avenue, the plan for the development of this area is - in violation of the very spirit of the 27th Avenue Gateway idea. The plan provides for the area of the lot that's on 27th Avenue to remain undeveloped.' - The plan puts an exclusively commercial building on the intersection of Day - Avenue and Center Street, which is the area that is supposed to be where the gradual transition from commercial to residential takes place, and there is nothing there,. The center of gravity of the commercial area, namely the front of 27th Avenue, should be. Now, in front of the Zoning Commission great store was put by the argument that nobody knows yet what 27th Avenue is going to look like, but surely the way to implement the 27th Avenue Gateway idea is not to give the go ahead to a project right adjacent to it that violates the very spirit of the 27th Avenue Gateway idea. Letting this project go ahead, as far as we can see, is your first step towards dismantling what you have achieved with passing the 27th Avenue idea, and all those ugly problems that arise at the boundaries between residential and commercial will raise their head again. So, we would respectfully propose that you deny the permit for the planned development, as it stands, but that you invite the application to come back r with a plan that in the framework of what he can do according to his zoning,' also conforms to the guiding spirit and the idea of the 27th Avenue Gateway plan. To wit, he should come up with a plan where the building is on 27th Avenue, where the building appears as and is part of the 27th Avenue Gateway. Where the building does not appear as a commercial island unto itself in a residential area as it does now. And that, as to the transitioning appearance from commercial to residential in the back, it conform to the rules applicable to all the other residential streets behind 27th Avenue. Thank you. e Mayor Suarez: Is this an item that - or am I wrong that was approved, in substance, by the Commission many, many years ago and now we're... =' Commissioner Plummer; Went to court. , Mr. Olmedillos Yes, sir, the zoning change was before this Commission, it vas Y` approved by this Commission, some years ago. The issue was taken to court, the decision of the City Commission was upheld. Later, the applicant - not the applicant, but the property owner, came back with a Class C and Class;f $ permit. The Class B was for the valet parking, the Class C was for the building itself. Now, that issue was taken to court and the Class S, which 1' was the valet parking, was reversed in court, the decision of this Commission 4• - was reversed in court. Therefore, the Class C failed by itself because it was contingent upon the issuance of the Class $. So the Class C could not stAnd alone. Now, this is a Class C which stands alone, and the findings of the Planning Director v►hether it was conforming to the district, the aeitjgatjag design that. they have introduced to than Planning Departtlo4t, in what;tho Cgsii[► tea 150 ....-._.._-._... ___.._....-_.___.. -. 0 calls for. Therefore, we proceeded in approving that particular Class C. 2 will show you, compared to the one that you saw before that approved by this Commission, the applicant has reduced the mass of the building... Commissioner Plummer: Wait a minute, let me understand something correct. Are you telling me that the Planning Director issued a Class C permit stating that it's all right and the Planning Department says, in direct conflict with the Planning Director, no?- Mr. Olmedillo: No, the denial that you see listed here is to the appeal. go it's consistent with the upholding of the Class C issuance. ;y Commissioner Plummer: Did the Planning Director issue the Class C? 3` - Mr. Olmedillo: That is correct. Mr. Rodriguez: Right. — Commissioner Plummer: In effect, by issuing a Class C permit, did he not say that he felt that it was in compliance? Mr. Olmedillo: That is correct. Commissioner Plummer: OK, now but wait a minute. Mr. Olmedillo: Now, on appeal... Commissioner Plummer: That's not my point, Y m point is that the director said yes, but the Planning Department is saying the director don't know what = the hell he's talking about. - Mr. Olmedillo: No, no, no, no. Mr. Rodriguez: No, no, no, it's all the same thing. What are you reading from? _ Commissioner Plummer: Oh, oh, the Planning Department vote of denial is on _ the appeal... Mayor Suarez: Of the appeal, of the appeal. - Mr. Rodriguez: Appeal. Mr. Olmedillo: On the appeal. Commissioner Plummer: ...ah, ha, ha.`� b.' Mayor Suarez: To uphold our prior action. Mr. Olmedillo: Double negative. - Commissioner Plummer: Well, but you see - no, if you look at my agenda, Zoning Board denial of the appeal... Mr. Rodriguez: Right. — Commissioner Plummer: Planning Department recommends of the denial... iiY Mr. Rodriguez: Of the appeal. Commissioner Plummer: ...it doesn't say, of the appeal. c. Mayor Suarez: Of the appeal. Mr. Olmedillos Of the item before you which is the appeal. bR'E Mr. Rodriguez: The item was an appeal. Mayor Suarers All right, we've got it clarified, thank you:., ' Commissioner Plummer: You know, let me tell you, thatla.. hoar _:we Metropolitan Dads County. A you vote meant no and a no vote meant yes; x tx R i 0 A - 16 Mayor Suarez: OK, Commissioners, what's your pleasure on this? Does anyone I mean, I'm not sure that we need to hear from the applicant. It's the kind of thing that maybe if we could sort of reverse history and go back, we would have done differently, but there we have it. I can't imagine, at this point, there's much we can do, and they have certainly scaled it down to something alot more tolerable for the community. Commissioner Plummer: You all recommended it? Mr. Olmedillot We recommended it. We found that it met all the requirements. The building is less than what the property owner can... Commissioner Plummer: Obviously, Mr. Cardenas is here for a fee, so let's hear what he's got to say. Al Cardenas, Esq.: Well, I don't know. I think I'll do better without speaking. Commissioner Plummer: The lion tamer is back again. I'm sorry, the elephant tamer. Mayor Suarez: You've not been previously sworn in, I don't think, because we've heard from you on another item where you have been sworn in. Mr. Cardenast I've been sworn in. Mayor Suarez: And it applies to this particular... Mr. Cardenas: Right. Mayor Suarez: ...item. - Commissioner Alonso: I'm surprised he wants to be quiet. Mr. Cardenas: For the record, my name is Al Cardenas with offices at 1221 - Brickell Avenue. —_ Mayor Suarez: By the way, Al, and I'm just hearing from Commissioner Alonso that maybe we don't need to hear from you, I don't know. Mr. Cardenas: That's fine. - Commissioner Plummer: Well you got to or he can't collect his fee. Mr. Cardenas: No, no, no. Commissioner Plummer: Swear him in. - Mr. Cardenas: No, no. Commissioner Plummer: Swear him in. t Mr. Cardenas: One, I was sworn in on an earlier item, but I think that covers the day, doesn't it? J. Commissioner Plummer: Oh, you mean you're going to tell the truth then and r then maybe not now. # Mayor Suarez: I will entertain a motion on the item unless any Commissioner .' wishes to have further debate or discussion. ' Commissioner Plummer: The only question that I have, and tell me if I'm wrong — because I'm a little confused at this point. The proposed Class C permit on is 2701... y Mr. 01medilloa Right. Commissioner Plummer: ...which is the one that abuts the intersection. � Mr. 01medillo: It has a unity of title. The permit is issued for the eatirq p.' property. s 152 ..� i 0 Commissioner Plummer: OK, excuse me. For my information, it is the bottom right hand yellow piece, is that correct? Mr. Olmedillo: That is the one that has 2701... Commissioner Plummer: Yes. Mr. Olmedillo: ...it's right next to 27th Avenue. However, the entire property is tied through a unity of tile and through the permit itself. The permit is issued to the entire property, not to portions of the property. C Commissioner Plummer: Well that's, you see, that's not what... Oh, you're saying by virtue of the fact that it's a unity of title, 2701 is, in fact, one parcel. 'h- Mr. Olmedillo: Right. And the permit, also, is issued to the entire thing per plans on file. So they're not - unless you change it, separate it. Commissioner Plummer: No, no, no. I'm just trying to get it clear in my mind - before I vote, that's all. Commissioner De Yurre: I move approval of this item. Mayor Suarez: So moved. Actually, it's denial of the appeal. Commissioner Plummer: I'll second the motion, Mr. Mayor. I haven't heard an argument against why it shouldn't be. Vice Mayor Dawkins: Call the roll, Madam Clerk. Commissioner Plummer: You know, we've got to depend on our professional staff. It's in an awful lot different category than when it came up here before and before, I voted against it. I see no reason that's... Mayor Suarez: Moved and seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-1168 - A RESOLUTION UPHOLDING THE ZONING BOARD'S AFFIRMATION OF THE PLANNING DIRECTOR'S DECISION TO APPROVE CLASS C SPECIAL PERMIT, FILE NO. C-89-1301, WITH CONDITIONS, any 5tt FOR THE PROPOSED OFFICE BUILDING TO BE LOCATED AT 2701 }k< DAY AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, ZONED RO- 2.1/6 RESIDENTIAL OFFICE AND ADOPTING AND INCORPORATING THE FINDINGS OF THE PLANNING DIRECTOR. ,r- (Here follows body of resolution, omitted here'and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed3 and adopted by the following vote: AYES: Commissioner Victor De Yurre } Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins t' Mayor Xavier L. SuarezY x NOES: None. k 5t ABSENT: None. 4 �y f)) 4 " .Y 4 ----____-------------------- _ 37. (A) FIRST READING ORDINANCE: AMEND SCHEDULE OF DISTRICT REGULATIONS OF 9500 - CHANGE UNIT DENSITY CAP PER NET ACRE, DELETE STORES IN RG-2, GENERAL RESIDENTIAL - ADD NEW ZONING DISTRICT CLASSIFICATION: "CON. CONSERVATION" (RESERVED FOR ENVIRONMENTALLY SENSITIVE AREAS) - AMEND ZONING ATLAS - CHANGE ZONING CLASSIFICATIONS AFFECTING APPROXIMATELY 15% OF TOTAL AREA _ OF CITY LAND TO ACHIEVE COMPLIANCE WITH MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000; etc. (B) SCHEDULE SECOND READING OF ABOVE -CITED ORDINANCE FOR FEBRUARY 8TH MEETING. -----------------------------------------" Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Commissioner Dawkins. Vice Mayor Dawkins: Item 20. Tell us why we need to hear 20, please, sir. Mr. Sergio Rodriguez: I believe that you should hear item 20. Vice Mayor Dawkins: Tell us why. Commissioner Plummer: Can I make a suggestion? Mr. Mayor, if I may, because I've got to go and I don't want to deny... Mayor Suarez: Can I ask both of you to wait a second, please, and let me just ask why, what item are all these people here on? I mean, I know you've got an item which has to do with - that is twenty. Commissioner Alonso: Twenty... - - Mr. Rodriguez: PZ-20. Commissioner Plummer: Mr. Mayor, may I suggest it... Mayor Suarez: Twenty? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Rodriguez: Everybody's twenty. Commissioner Alonso: Twenty? '— Commissioner Plummer: Mr. Mayor, may I suggest... Mayor Suarez: Twenty-nine? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Twenty, thank you. OK, all the items are Planning Department 5 items. And I gather that the one that is controversial is PZ -20. There''a no *,< —' reason for us not to hear that first. - s; - �r y: Commissioner Plummer: Since it is on a first reading, Mr. Mayor, can we have just mechanically pass it on first reading and have the full text and - presentation on second reading? Just as a matter of mechanical T because if —' not, I've got to leave. I have a commitment. t . ` Vice Mayor Dawkins: Well, I'll move it, I'll move it like J. L. said. On ghat now? t. F Commissioner Plummer: Just move it technically on the first reading as approved to set it in motion. The second reading is when we would really have �- the full blown hearing on the subject. Commissioner De Yurres Well, I'll second. v ? —; Commissioner Plummers If that's agreeable to my colleagues.` { 154 Doc*"* 1�► * ! �I� .. - t Vice Mayor Dawkins: Well, let's find out from the City Attorney. Mayor Suarez: Wait, wait, wait. We're not sure we can even do that. I mean... Joel Maxwell, Esq.: I must point out to the Commission that there's really no such thing as a technical approval on first reading. Commissioner Plummer: OK. If we move it on the first, we still reserve the right to vote differently at the second, after a full blown hearing. Mr. Maxwells That's correct. Commissioner Plummer: I'm just saying, if not, then we're not going to be in the picture tonight. Well, I won't be because I got to leave. I'll move it on first reading this evening with the full understanding that every Commissioner sitting here has the right, as an independent, to vote - differently on the second reading at which time we will accept all of the - testimony. Commissioner De Yurre: Second. Mayor Suarez: Moved and seconded. I guess just because of procedural fairness, I have to vote against, but I understand what you're doing and I guess it makes some sense. If all the opponents understand that we are - how many people are opposed to the application of PZ-20? Please raise your hands. Commissioner Plummer: Well, it's broken up, Mr. Mayor, in different parts. That's the problem. Mayor Suarez: I see. Oh, that's right, we do have more than one area. The only... Dr. Theede, you may approach the mike if you want to argue why we shouldn't do this in this fashion. - Mr. Rodriguez: Mr. Mayor, if I may... Dr. Theede: It will only take me a second. Mr. Rodriguez: ...in item 20, we have basically, a lot of sub -items. Of = that, our understanding is that the opposition is on four of those sub -items, _ of the 50 that we have. Which are items sub -item number 24, 29, 38, and Watson Island. Maybe I left somebody else... you might want to ask that. Commissioner Plummer: . You're talking about a hearing right now tonight, if you go into in it's fullest, at easily an hour. Easily an hour. Vice Mayor Dawkins: A minimum, minimum. Dr. Theede: Mayor Suarez, I'm not asking that we have a hearing tonight. I ask that we postpone it, because in any hearing, there's statements made that r you can come back and later repudiate. But if we... so we're going to pass it 1.1 and then we have a second hearing and then we've got to have a vote on the second hearing, then we don't have time to come back and say, no, this person is not right, or have time to think. Because .you've got to understand, there's landowners. We all can't afford attorneys to go out and get brains, and we've got to think about it and we've got to talk to friends. Mayor Suarez: Or lose brains depending on how you look at it.�` y � P g Commissioner Plummer: Well, Dr. Theeds, I think you've been here many,.mapy times.. When there are unanswered questions, this Commission has always deferred from the second hearing to the third. So I don't think that, that's; ys anything unusual. You know, I'm just saying that's what I think Is the proper way to do it. It doesn't accomplish anything except it allows: us to $o, *Ud hear it on the second hearing. I mean, if you all are totally objection tor_ that, then... °z Y 5. Mr. Olmedillos Mr. Mayor, just... n Vice Mayor Dawkinss Call the roll and see, call the roll. 4 P ` �41y erL�+d 'eC . f l .is Mayor Suarez: Moved and seconded. We have put into the record the procedural objection and it makes sufficient sense. Yes, Guillermo. Mr. Olmedillo: Just one comment, by state law, you have to establish the date and the time and the place of the second reading. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Maxwell: That would be after you. Commissioner Plummer: What? Mr. Maxwell: After you approve it, if you should prove it. Mr. Olmedillo: After you vote. Commissioner Plummer: Well, Doctor, if you're not here on the second hearing, things could change then anyhow, OK? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. — Mayor Suarez: You're saying all of that and not into the record. As it turns out, we may have to do some juggling around with that date. When are you going to be back, Dr. Theede? Why don't you come up and put it on the mike. When are you going to be around? As long as you're the one raising the objection. Dr. Theede: My tentative plans are to leave somewhere between the 4th and 6th of January and return between the 4th and 6th of February. Mayor Suarez% The when? Dr. Theede: I will be leaving somewhere between the 4th... Mayor Suarez: I got that part. When are you returning? Dr. Theede: February. Between the 4th and 6th of February. I'll be gone a month. Mayor Suarez: Oh. Commissioner Plummer: Well, OK, then let's see if we can't appease everybody. How about if we have the second hearing on the 8th of February? Mr. Mayor, you also have a problem on the 25th of January anyhow. Mayor Suarez: Yes, we may have a problem on the 25th, I would... yes, and x v} some other members of the Commission that may be going on the Far East trip. VY That's our best bet. Vice Mayor Dawkins: All right, put that in your motion, J. L. UNIDENTIFIED SPEAKER: I'll be out of the country on the 8th. Mayor Suarez: Well, we can't adjust to every possible objector. We have;tp have a second .reading anyhow, and we would have to have it probably on February 8th. The only point is, that it's either a first reading on February 8th, which wouldbe somewhat unfair to those that... Commissioner Plummers Let me also offer only one other thing,iu the.record, Doctor, this might help you. If there are any major substantial changed � between this -hearing tonight which is presented and the second hearing, it+ would have to come back and go through the zoning board.... Mayor Suarez: Well, it would certainly be a first reading, in any event. QIC, .�. we have a motion and a second. And then, afterwards, we'll set the date an required by state statute. Call the roll. y Mr. Maxwelli I didn't read the ordinance. u Me. Hirals Oh, the first reading, yes, we need to read it. 4 Mayor Suarez: Call the roll. 4s4�yF ISO 11 AN ORDINANCE ENTITLED- AN ORDINANCE, WITH ATTACHMENT, AMENDING THE SCHEDULE OF DISTRICT REGULATIONS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE UNIT DENSITY CAP UP TO 40 UNITS PER NET ACRE AND DELETING STORIES ON PAGE 2, RG- 2, GENERAL RESIDENTIAL BY ADDING A NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" ON PAGE 6 TO BE RESERVED FOR ENVIRONMENTALLY SENSITIVE AREAS; AND BY AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING ZONING CLASSIFICATIONS WHICH AFFECT APPROXIMATELY FIFTEEN PERCENT OF THE TOTAL LAND AREA OF THE CITY, IN ORDER TO BRING SAID ORDINANCE INTO COMPLIANCE WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, PURSUANT TO SECTION 163.3202(1), FLORIDA STATUTES, (1987), SAID CHANGE BEING MORE PARTICULARLY DESCRIBED HEREIN; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES TO AFFECTED PAGES OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez 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. Mayor Suarez: Yes, and you know, obviously, a lot of us have different views on this and when we have a complete hearing, we may vote the same or differently as has been stated by Commissioner Plummer. We have to reschedule _ our second meeting - and I don't think we have to reschedule it. I think we can leave it for the 25th at this point, second meeting in January. Mr. Maxwell: You need to set the exact time, date, place... Mayor Suarez: For this other... Mr. Maxwell: ...location, for this second reading under state... Mayor Suarez: For the second reading of the matter we just handled, PZ-20. I'll entertain a motion that that be - you were suggesting when? Commissioner Plummer: They can have a second hearing on February the Sth. Mayor Suarez: February Sth, that gives us a little bit of additional time. �6 Vice Mayor Dawkins: Six o'clock...- Mayor Suarez: Six p.m. So moved. Commissioner Plummer: Six o'clock, and that way we'll be sure we hear it. Mayor Suarez: So moved and seconded. Call the roll on that. 91 ,rye 157 Docombar 14, 1489 k�� x The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-1169 A MOTION SCHEDULING ON THE FEBRUARY 8TH AGENDA (AT 6:00 P.M.) A PROPOSED SECOND READING ORDINANCE AMENDING ORDINANCE 9500, SECTION DEALING WITH THE SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE UNIT DENSITY CAP PER ACRE AND BY DELETING STORIES IN GENERAL RESIDENTIAL; BY ADDING A NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" ON PAGE 6 (TO BE RESERVED FOR ENVIRONMENTALLY SENSITIVE AREAS); AND BY CHANGING CERTAIN ZONING CLASSIFICATIONS. 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. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER A NON -AGENDA ISSUE.] 38. INSTRUCT CITY MANAGER TO IMMEDIATELY CONTACT METROPOLITAN DADE COUNTY OFFICIALS TO RESOLVE PROBLEM WITH DISCONNECTION OF WATER SERVICES IN LOW INCOME FAMILY AREA AT 1801 N.W. 2 AVENUE, 1775 be 1801 N.W. 2 COURT AND 1229 N.W. 1 COURT. Mayor Suarez: Commissioner, you had something? - D - M 3 =_ t -. C a w a w - w _4 _i i. M -d D a M }: D b p r. Alonso: Yes, I'd like to bring this item, please to instruct the City anager to do all in his power to work with the County Manager to avoid that 0 families in a low-income family area in the building located... actually, here are four buildings at the same property, 1801 NW 2nd Avenue, 1801 NW 2nd ourt, 1755 NW 2nd Court, 1229 NW let Court, that the water be disconnected nd he report to us January 11. My concern is that these people might -be ithout water, and it's the responsibility of the owners who are going through foreclosure procedure and these families might have to be through Christmas ithout water, and I'm very concerned and maybe we can help by intervening ith the County Manager and can prevent this from happening. r. De Yurre: Well, you want them to report January llth. r. Alonso: Yes, I want the City Manager to be instructed, working and doing 11 in his power.., w° r. Dawkins: Make a motion now, make a motion. Mr. De Yurre: To move immediately on itl r' fy% r. Aloneos To work immediately, but then report to us, but I'm sure we will e able to stop this from happening, and then we can look deepear on into the roblem, Mr. Do Yurre: OK. n • • Mr. Dawkins: That's your motion? Dr. Alonso: Yes. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 89-1170 A MOTION INSTRUCTING THE CITY MANAGER TO IMMEDIATELY CONTACT METROPOLITAN DADE COUNTY OFFICIALS IN AN EFFORT TO RESOLVE THE DISCONNECTION OF WATER SERVICES AT 1801 N.W. 2 AVENUE, 1801 NW 2 COURT, 1775 NW 2 COURT, AND 1229 NW 1 COURT IN ORDER THAT THESE LOW INCOME FAMILIES MAY HAVE WATER DURING THE HOLIDAYS; FURTHER INSTRUCTING THE MANAGER TO REPORT BACK TO THE CITY COMMISSION AT THE MEETING PRESENTLY SCHEDULED FOR JANUARY 11, 1990. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso - Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre _ Mayor Xavier L. Suarez NOES: None. ABSENT: None. [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES - CONSIDERATION OF PLANNING AND ZONING ITEMS.] r _ ------- ------------------------- -- - `�; 39. INSTRUCT STAFF TO BEGIN WORK ON SOME OF THE OVERLAYS NECESSARY CONCERNING THE SCHEDULE OF DISTRICT REGULATIONS OF ORDINANCE 9500 - -. PRESENT PROPOSAL FOR CHANGE OF ZONING AT FEBRUARY 8TH MEETING, PRIOR TO SEEKING FURTHER DIRECTION FROM CITY COMMISSION. Y- 1x, ram_ Mayor Suarers We need to give instructions to staff to work on overlays on a couple of these items that we handled on PZ-20, is that correct? - Joe Maxwell, Esq.: Yes, sir. i� Mr. Sergio Rodriguez: If you so desire. Mayor Suarers I know we have a request on item 24 within that, right? _,7L Mr. Rodriguez: Thirty-eight. UNIDENTIFIED SPEAKER: It's 38 within that. =xs Mayor Suarez: And 38. That's not controversial, obviously. It is. rt* - controversial. To start working on it or start contemplating or start... nt=� Mr. Rodriguez: If your want us, we can start working on it and have avaiions : for the meeting of February the 8th, a proposal for a change of ZOALUS'low: foF =KF� SPI district for that particular property that will hava to to-, the 4 159 Advisory Board. Because at that point, we don't have any instructions from you. Mayor Suarez: So, at least we could handle it on that day and get it moving if we thought it made sense. Mr. Rodriguez% A look at it and give us some direction. Now, let me ask you one question, Mr. Mayor. Mayor Suarez: We don't need that in the form of a motion, by the way. Mr. Rodriguez: The meeting of the 25th of January is going to be left for that day? Mayor Suarez: I would suggest we just leave it for that day. Mr. Rodriguez: We're going to have a quorum? We'll have a quorum? -because we're going to send notices now. Mayor Suarez: As of now, the Vice Mayor and I are the only ones going on the Far East trip. Is that correct? And I have a feeling that I'm going to have to be back here before the 25th. Wait till they hear. Commissioner Plummer: Wish all of you a Merry Christmas and a Happy New Year. — Mayor Suarez: We're adjourned, believe it or not. THERE BRING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE STING WAS ADJOURNED AT 9:14 P.M. Xavier L. Suarez g_ N A Y 0 R ATTEST: Natty Hirai CITY CLERK ''' ` 4r - Walter J. Foaman '1 ASSISTANT CITY CLERK * 1 NCORP )RATE 18 96 r s Y F� ri Y";ir 0 :M DECEMBER 14, 1989 PAW No:l Of DOC1 Nt M I lF7CATON RETREYAL trO�E (RESOLUTIONS • ACCEPT BID; J.R. BUILDERS, INC. — FOR FURNISHING LABOR/ 89-1143 MATERIALS FOR MODIFICATION OF OLD FIRE STATION #2 FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ACCEPT PLATc "GARST SUBDIVISION". 1 89-1145 EXECUTE GRANT AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT ($250,000)— PROVIDE FUNDING OF PASS —THROUGH GRANT FOR STAGING 1990 GRAND PRIX — AUTHORIZE GRANT AGREEMENT WITH MIAMI MOTORSPORTS INC. WAIVE ALL BUILDING/ZONING PERMIT/CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING ADJACENT TO FEC PROPERTY, STREET CLOSURE AND BANNER FEES REQUIRED OF EVENT PROMOTERS IN CONNECTION WITH 1990 GRAND PRIX. AUTHORIZE CLOSURE OF BICENTENNIAL PARK IN CONNECTION WITH 1990 GRAND PRIX — SUBJECT TO MIAMI MOTORSPORTS, INC. 'S AFFORDING MIAMI—DARE COMMUNITY COLLEGE'S CONTINUED USE RIGHTS AS PER AGREEMENT, AND CERTAIN OTHER PROVISOS. PROVIDE FOR ACQUISITION OF CERTAIN PROPERTIES IN SOUTHEAST OVERTOWN/PARK WEST FOR REDEVELOPMENT PURPOSES — AUTHORIZE ISSUANCE OF $22F000,000 OF COMMUNITY REDEVELOPMENT REVENUE BONDS SERIES 1990 TO,FINANCE COST AS WELL AS REPAYMENT OF A LOAN TO THE CITY BY UPS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) . AUTHORIZE/DIRECT THAT PREVIOUSLY APPROVED RELEASE BY CITY TO INTERNATIONAL OCEANOGRAPHIC FOUNDATION ( I.O.F.) OF DEED'RESTRICTIONS CONCERNING LAND ON VIRGINIA KEY PROVIDE FOR CITY'S RETENTION OF A "PUBLIC PURPOSE" REVERSIONARY INTEREST r EXECUTE INSTRUMENT WHEREBY CITY COVENANTS I.O.F. ACCESS ACROSS CITY —OWNED LAND TO THE NEARBY BODY OF WATER — APPROVE LETTER OF COMMITMENT REGARDING SCHOLARSHIPS TO UNIVERSITY OF MIAMI. PROHIBIT SALE OF ALCOHOLIC BEVERAGES IN ORANGE BOWL STADIUM DURING 1990 ORANGE BOWL CLASSIC FOOTBALL GAME ACCEPT . OFFEptS BY ORANGE BOWL COMMITTEE AND VOLUME SERVICES, INC. ($31,450. EACH) AS COMPENSATION FOR LOST REVENUES. AUTHORIZE REVOCABLE PERMIT FOR SHAKE —A —LEG, INC. FOR USE OF A PORTION OF THE ELIZABETH VMICK GYM AND BOAT RAMP (2600 S. BAYSHORE DRIVE) — FOR A RECREATIONAL SAILING/ROWING PROGRAM FOR DISABLE RESIDENTS. . ENDORSE EFFORTS BY SHAKE -A —LEG, INC. TO SECURE FINANCIAL SUPPORT FROM METROPOLITAN DADE COUNTY, STATE OF FLORIDA. AND OTHER FUNDING AGENCIES FOR THEIR ROWING/SAILING PROGRAM FOR DISABLED RESIDENTS — URGE DADE COUNTY BOARD OF CK ISrOX- ERS TO SUPPORT THE REQUEST. 89-1146 89-1147 89-1148 89-1151 89-1152 89-1153 69-1154 89-1.55 DOCUMENT INDEX AUTHORIZE PURCHASE OF 15,000 CURBSIDE RECYCLING CONTAINERS FROM REHRIG PACIFIC COMPANY FOR DEPARTMENT OF SOLID WASTE. GRANT REQUEST FROM BILINGUAL PRIVATE SCHOOLS ASSOCIATION (BIPRISA) FOR STREET CLOSURES IN CONNECTION WITH EVENT HONORING JOSE MARTI. COMMEND LA CADENA DE LA DEMOCRACIA FOR ITS EFFORTS IN ORGANIZING AN EVENT KNOWN AS "THE HUMAN CHAIN" , A PUBLIC PROTEST AGAINTST DEPRIVATION OF HUMAN RIGHTS OF THE CITIZENS OF CUBA BY THE CUBAN GOVERNMENT. ACCEPT PROPOSAL OF PROFESSIONAL CONCESSIONS, INC. FOR RIGHT TO OPERATE NOVELTY/MERCHANDISE CONCESSIONS FOR ANNUAL ORANGE BOWL CLASSIC FOOTBALL , REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING SPECIAL EXCEPTION TO PERMIT THE EXTENSION OF DOCK MOORING PILINGS FOR MORE THAN 35' INTO BISCAYNE BAY FOR THE PROPETY LOCATED AT 1698 SOUTH BAYSHORE LANE, MIAMI , FLORIDA. APPROVING ISSUANCE OF A MAJOR USE SPECIAL PERMIT TO THE BRICKELL GATEWAY PROJECT, PHASE I, PROPOSED ON THE EAST SITE AT -- APPROXIMATELY 1429-1460 BRICKELL AVE. 100-192 SOUGHEAST 14TH TERRACE; 101-149 SOUTHEAST 14TH. LANE; 1-15 SOUTHWEST 15TH.ROAD; AND 35-87 SOUTH MIAMI AVE. BY BLUMBERG GROUP, COMPRISED OF 685,902 GROSS SQUARE FEET (G.S.F.) OF OFFICE/RESTAURANT/RETAIL SERVICES/RETAIL CIRCULATION AREA IN A BUILDING OF 48 STORIES. DENY APPEAL - UPHOLD ZONING BOARD'S DECISION TO UPHOLD PLANNING. DIRECTOR'S APPROVAL OF CLASS C SPECIAL PERMIT TO ALLOW OFFICE BUILDING AT 2701 DAY AVENUE (Appellant: Apogee Association Inc.) PA0E 2 Ole DECEMB R 14,9 t MIEVAL CODE 161t 89-1158 89-1159 89-1160 89-1161 89-1163 89-1164 89-1168