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Home My WebLink AboutCC 1989-11-16 Minutes1:3 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA NOVEMBER 16, 1989 ITEM SUBJECT NO. LEGISLATION 1. DISCUSS PROPOSED CONTINUANCE OF TODAY'S DISCUSSION PLANNING & ZONING AGENDA (See label 8) 11/16/89 2. ACCEPT BID: HIALEAH GRANDSTAND, INC. - R 89-999 FOR RENTAL OF 3,500 TEMPORARY 11/16/89 GRANDSTAND BLEACHER SEATS FOR THE ORANGE BOWL STADIUM (football game between University of Miami & Notre Dame University) 3. ACCEPT GRANT FROM METRO DADE COUNTY R 89-1000 CULTURAL AFFAIRS COUNCIL TO ASSIST IN 11/16/89 THE MANUEL ARTIME PERFORMING ARTS CENTER IMPROVEMENT PROJECT - AUTHORIZE AGREEMENT - ACCEPT/IMPLEMENT GRANT. 4. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE SPECIAL REVENUE FUND ENTITLED: "MANUEL 10663 ARTIME DEVELOPMENT TRUST" - ACCEPT 11/16/89 GRANT AWARD FROM METROPOLITAN DADE COUNTY CULTURAL AFFAIRS COUNCIL. 5. DISCUSS AND POSTPONE REQUESTED DISCUSSION AUTHORIZATION TO ENTER INTO COLLECTIVE 11/16/89 BARGAINING AGREEMENT BETWEEN THE CITY AND THE SANITATION EMPLOYEES ASSOCIATION (OCTOBER 1, 1989 - SEPTEMBER 30, 1991) - EXPRESS GENERAL CONSENSUS OF COMMISSION MEMBERS IN ORDER THAT APPROPRIATE PAYROLL MECHANISM CAN BE SET IN MOTION. 6. GRANT REQUEST FROM HISPANIC POLICE R 89-1001 OFFICERS' ASSOCIATION AUTHORIZE MANAGER 11/16/89 TO WAIVE RENTAL FEE OF COCONUT GROVE EXHIBITION CENTER FOR USE IN CONNECTION WITH THE III ANNUAL CULTURAL CONFERENCE. 7. CITY COMMISSIONER COMPLAINS TO THE CITY DISCUSSION MANAGER CONCERNING SIGNS OF VAGRANCY AT 11/16/89 BICENTENNIAL PARK AND REQUESTS MANAGER TO CLEAN UP THE PARK. 8. (A) CONTINUE TODAY'S PLANNING & ZONING R 89-1002 AGENDA TO NOVEMBER 30TH, BEGINNING AT 2 M 89-1002.1 P.M. 11/16/89 (B) CONTINUE REGULAR AGENDA PREVIOUSLY SCHEDULED FOR NOVEMBER 20TH TO NOW TAKE PLACE ON NOVEMBER 30TH, AT 9:00 O'CLOCK (except four items taken up this date) PAGE NO. 1-4 4-8 M 9-10 10-12 12-14 14-15 15-20 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 16th day of November, 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 2:05 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. DISCUSS PROPOSED CONTINUANCE OF TODAY'S PLANNING & ZONING AGENDA (See label 8) Mayor Suarez: Mr. City Attorney, now is the correct procedure, or Madam City Clerk, to first convene and then continue all the items or...? What need I announce this morning as to the items we're to continue? Ms. Hirai: We're simply announcing a special meeting to consider certain items from the agenda of the 20th. Mayor Suarez: OK, that is the... and then after we convene, we recess that meeting and we'll continue... Ms. Hirai: We don't have to. The meeting has been properly continued to Monday so we... Mayor Suarez: So I just got all kinds of bad information from one of my fellow Commissioners whose name I won't mention. All right. Mr. Fernandez: So then, Mr. Mayor... Mr. Plummer: Do I move then at this time to defer or... Mr. Fernandez: Continue. Mr. Plummer: ... continue the full agenda? Mr. Fernandez: No, the Planning and Zoning. Mr. Plummer: Planning and Zoning scheduled for today to Monday at 2:00 o'clock? Mr. Fernandez: Correct. Mr. Plummer: I so move. Mr. Dawkins: Second. 1 November 16, 1989 Ms. Hirai: Yes, sir. Mayor Suarez: Moved and seconded. Any discussion? If not... there is discussion. Mr. De Yurre: Discussion, discussion, discussion. I can't be here Monday at 6:00 o'clock. Mr. Plummer: Goodl We'll get finished in a hurry. Mayor Suarez: At 6:00 p.m.? Mr. Dawkins: You can't be until 6:00, or you can't be there at 6:00 p.m.? Mr. De Yurre: At 6:00 p.m., I've got to be somewhere. Mr. Dawkins: But you can be here until 6:00 p.m.? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes, but your problem is, that zoning agenda doesn't even start until 2:00 p.m. Mr. De Yurre: Right. Mayor Suarez: Well, we'll do a lot between 2:00 p.m. and 6:00 p.m. How many items do we have? What is the item what... Mr. Plummer: Well, the big item is the last one on the agenda, that's the one that... Mayor Suarez: The Coral Gate Homeowners, about Varadero Supermarket? Mr. Dawkins: It was my understanding they want to defer that. Mr. Odio: We cannot decide. Mr. Dawkins: As I understand, they want to defer. Mayor Suarez: Meaning both sides? Mr. Dawkins: Both sides. Mr. Plummer: Which is the other side? Mayor Suarez: The neighbors, you mean? Mr. De Yurre: The Varadero side. Mr. Plummer: The Varadero side. Mayor Suarez: Well, in any event, what time was that scheduled for, 5:00 p.m.? Mr. Plummer: After 6:00 p.m., wasn't it? Mayor Suarez: It was scheduled for 7:00 p.m. Mr. Rodriguez: 7:00 o'clock. Mr. Odio: 7:00 o'clock. Mr. Plummer: My god, what a mess that will be if it is deferred. Mr. De Yurre: Tuesday I got no problem. Mr. Plummer: You got cast of thousands. Mayor Suarez: Tuesday, Commissioners? Mr, Dawkins: I won't be here Tuesday. 2 November 16, 1989 W Mr. Plummer: Huh? Miller won't be here Tuesday. Mr. De Yurre: Why don't we do it after Thanksgiving? What's the big hurry? Mr. Plummer: What? Mr. De Yurre: Do it after Thanksgiving. Mr. Plummer: I'll be in Atlanta. Mr. De Yurre: After Thanksgiving? Mr. Plummer: I've got to leave after... I'm representing the City at the National League of Cities. Mr. De Yurre: Well, what are we doing Saturday? Mr. Plummer: The Notre Dame game! (LAUGHTER) You are funny! Mayor Suarez: No, Saturday wouldn't be enough time for you to prepare. I mean, if today is not enough time... Mr. Plummer: You mean Saturday, of this Saturday? Mr. De Yurre: Yes. Mr. Plummer: Do you remember the last time? No, you all don't remember, the last time we had a Saturday... Mr. De Yurre: I wasn't born yet! Mr. Plummer: You go to hell! Mr. Odio: Well, I have to ask a question to the City Attorney whether we can advertise fast enough for the Saturday, so we can let them know that we'll be here. Mayor Suarez: No, no, Saturday is not... Mr. Plummer: It would ... Mayor Suarez: That would not give her enough time. If today is not enough time, Saturday wouldn't be enough time either. We either have to go Monday or Tuesday or Wednesday. Mr. Plummer: How about... let me ask this, just for informational, what about the Friday after Thanksgiving? Mr. Dawkins: I won't be here either. Mr. Plummer: I won't be here either. Mayor Suarez: You mean the Friday of Thanksgiving. Mr. Plummer: After, the day after Thanksgiving. Mayor Suarez: Yes, that's the Friday of Thanksgiving. Mr. Odio: How about on the week of the 27th? Mr. Plummer: I'm out of town. I'm supposed to leave for Atlanta on Sunday morning. Mr. Odio: Are you coming back? Mr. Plummer: What do you mean, am I coming back? Yes, just to fire youl Mr. Dawkins: Have it Tuesday without me, I don't mind, that's no problem, if everybody else can meet Tuesday. Mr, Plummer: Well, let me check Tuesday and see what I got, I don't know, 3 November 16, 1989 Mayor Suarez: All right, while we decide on that, let's us see, Mr. Manager you had wanted to sneak in three or four items here? THEREUPON THE HEREINABOVE 1TEM WAS MOMENTARILY TABLED. (See label 8.) 2. ACCEPT BID: HIALEAH GRANDSTAND, INC. - FOR RENTAL OF 3,500 TEMPORARY GRANDSTAND BLEACHER SEATS FOR THE ORANGE BOWL STADIUM (football game between University of Miami & Notre Dame University) Mr. Odio: Yes, sir, the first one is the... Mr. Dawkins: So moved. Mr. Odio: ... CA-13. Mr. Plummer: What are the bleachers for? Mr. Odio: We are adding 3,500 seats for the Notre Dame game. Mr. Plummer: At whose cost? Mr. Odio: We'll get it back from... yes, we are increasing the site, we get a gross out of the gate, Commissioner. Mr. Plummer: No, no, no, who is paying for the bleachers? Mr. Odio: Right now we are. Mr. Plummer: We are? Mr. Odio: We are. Mr. Plummer: What do you mean, splitting? Mr. Odio: Wait, wait, wait. Mr. Plummer: Hello? Mr. Odio: We rent them now, and then as we added monies to the gate, we'll get the money back. Mr. Plummer: OK. Mr. Dawkins: If you don't have a full house, what? Mr. Odio: Well, we sold out, Commissioner. The seats are sold, believe me. Mr. Dawkins: The seats are sold before we installed them? Mr. Odio: Oh yes, sir. We have a sold out place. Mr. Dawkins: All right, well then you got the... Mr. Odio: If they had another 10,000 tickets they would have sold. Mayor Suarez: But the item is only as to the street closure? Mr. Odio: No, no, we are adding 3,500 rental seats to the Orange Bowl. Mr. Plummer: At what cost? Mr. Odio: $14,000. Mr. Plummer: And we're going to get $14,000 back? Mr. Odio: We should get all the money back. Mr. Plummer: Guaranteed? 0 November 16, 1989 6-0 Mr. Odio: Yes, sure. Mr. De Yurre: How do you figure that? Mr. Odio: Because we get a percentage of the gate. Mr. De Yurre: Which is? Mr. Odio: The more seats that we have... Mr. De Yurre: I know, but what's the percentage? Mr. Odio: What is it? - 10 percent. Mr. De Yurre: How much? Mr. Odio: Ten percent. Mr. De Yurre: OK, how much are the tickets going to sell for in the end zone? Mr. Plummer: What that means is ten percent we would have had for the City coffers is not coming to the City coffers, it's going in to pay for the bleachers, so we get nothing! Mr. Odio: But we have the concessions and you get $4.50 per person when they are sitting there spending monies. Mr. Plummer: And they're going to the east end zone. Mr. Odio: I asked you to... Mr. De Yurre: What about the dollar surcharge, do we get that too? Mr. Odio: No, not on this, not for this year. On the UM games, it starts next year. Mr. Plummer: It don't start next year, we didn't sign the contract yet. Mr. Odio: We hope to have it on the agenda for December 7th. Mayor Suarez: OK, the net effect, hopefully then, will be that we'll make a little money on it. Mr. Odio: Sure, and... Mr. Plummer: Well, wait a minute, let me ask another question. Mr. Odio: And it is... Mr. Plummer: Are they staying there, the same bleachers staying there for the Orange Bowl? Mr. Odio: Wait a minute, Commissioner, I can't hear. Mr. Plummer: Well, they're your people, run them out. Mr. Odio: No, they are not. Please... Mayor Suarez: Please, let's have some quiet in the chambers, staff, please. Mr. Plummer: Are they going to stay there for the Orange Bowl game? Mr. Odio: They are going to stay there. Hopefully... I don't know if the Orange Bowl has accepted that. Mr. Carlos Smith: We have offered it to the Orange Bowl and I expect an answer next week from them. Mr. Odio: Besides, we are providing something to the committee for this. Don't forget.., we have a request for 10,000 seats then we had in, you know. 5 November 10, 1989 I Mr. Plummer: Final question, is this a private company who is putting them up and taking them down? Mr. Odio: Yes, sure. Mr. Plummer: Have you explored with Ralph Sanchez the use of his bleachers? Mr. Odio: They'd probably cost more. Mr. Plummer: No, they are already in ownership, it's just a matter of putting them up and taking them down. Mr. Smith: But I believe it is the same company that he hires to put them up, Hialeah... Mr. Plummer% Well, you be damn careful. Hey, I want... Mr. Odio: Hialeah Grandstands. The problem... Mr. Plummer: Excuse me, I want a full mechanical inspection of those bleachers, if it's the same guy. Mr. Odio: We'll have our people inspect them. We do. I will. One thing that's important, we have the Rolling Stones there. We have 80,000 people going there tonight. We have to start taking the stakes... Mr. De Yurre: 80,0001 Mr. Odio: Between seventy and eighty tonight. Mayor Suarez: Mr. Manager, is this relevant to item CA-13 which you are about to tell us? Mr. Odio: Yes, because I need to get this approved today because I have to start installing bleachers the day after the stage comes down. Mayor Suarez: All right, I thought we were about to move the item and I didn't think there was any further discussion needed, but if anybody needs to hear more about it, we do have a motion, don't we? Mr. Odio: We were asking if... Mayor Suarez: Madam City Clerk? Ms. Hirai: No sir, we do not have a motion. Mayor Suarez: I thought Commissioner Dawkins moved it. Mr. Plummer: I'll move it. Mr. Dawkins: I moved it, Mr. Mayor. Mr. Plummer: Seconded. Mayor Suarez: Seconded. Any further discussion? Mr. Dawkins: Yes. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Under discussion, you are assured that under no circumstances will this cost us any money regardless? Mr. Odio: Yes, sir. We will come out even if... the bottom line, we'll come out even, but I hope we can make some money. Mr. Dawkins: All right, show me that. Mr. Odio: By the... Mr. Dawkins: 10,000, how many seats? 6 November 16, 1989 Mr. Odio: 3,500 seats. Mr. Dawkins: 3,500 seats... Mr. Odio: Right, on the... Mr. Dawkins: at $30.00 a seat is how much? Mr. De Yurre: On the end zone, $30? Mr. Plummer: $17,863,240. Mr. Odio: A hundred some thousand dollars. $100,000$ w e get ten percent, plus the concessions. Mr. Dawkins: No, see, 10 percent times ten thousand is $10,000 and you are spending fourteen. Mr. Odio: Plus the concessions. We make $4.50 per seat. We were not trying to make any money, that's all... Mayor Suarez: The average earning is $4.50 per...? Mr. Odio: Per person. Mayor Suarez: You are expecting another $12,000 there or almost $14,000, and $10,000 from the seats. Mr. Odio. We are providing more of a service than trying to make money on this one. Mayor Suarez: Well, but the question was directed at the money aspect. Mr. De Yurre: Do we have a second? Mr. Dawkins: Yes, I seconded it, I mean yes, J.L. seconded it. Mr. Plummer: Fine. Mayor Suarez: Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-999 A RESOLUTION ACCEPTING THE BID OF HIALEAH GRANDSTAND, INC. FOR THE RENTAL OF APPROXIMATELY 3500 TEMPORARY GRANDSTAND BLEACHER SEATS FOR THE ORANGE BOWL STADIUM NEEDED TO ACCOMMODATE 3500 ADDITIONAL PATRONS FOR THE NOVEMBER 25, 1989 FOOTBALL GAME BETWEEN THE UNIVERSITY OF MIAMI AND THE NOTRE DAME UNIVERSITY FOR THE DEPARTMENT OF PARKS, RECREATION & PUBLIC FACILITIES FOR AN AMOUNT NOT TO EXCEED $28,000.00; ALLOCATING FUNDS THEREFOR FROM THE ENTERPRISE FUND ACCOUNT CODE NO. 580402-340; 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.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: 7 November 16, 1989 ' AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez i NOES: None. I ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Only if the UM wins. I vote yes. 3. ACCEPT GRANT FROM METRO DADE COUNTY CULTURAL AFFAIRS COUNCIL TO ASSIST IN THE MANUEL ARTIME PERFOP14ING ARTS CENTER IMPROVEMENT PROJECT - AUTHORIZE AGREEMENT - ACCEPT/IMPLEMENT GRANT. Mayor Suarez: Items 26 and 27 are fairly straight forward. Mr. Dawkins: Move it. Mayor Suarez: Dr. Alonso, apparently we want to accept this grant. Mr. Plummer: From the State of Florida? Mayor Suarez: Otherwise we lose it. Mr. De Yurre: Second. Mr. Plummer: Moved and seconded. Any discussion? If not, please call the roll. Mr. Fernandez: It is only item 26, Mr. Mayor. Item 27 has to be read. Mr. Dawkins: And what now? Mayor Suarez: OK, 27 is probably an ordinance? Mr. Fernandez: Yes. Mr. Plummer: Who is the grant from and what restrictions are placed on it? Ding-aling-aling! Mr. Castaneda: It's from Dade County Cultural Affairs Council, it's from last year's budget. We want it and we got the money to do some improvements to Manuel Artime. Mr. Plummer: No strings attached? i Mr. Castaneda: No strings attached. Mr. Plummer: Thank you. Mayor Suarez: Call the roll. 8 November 16, 1989 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-1000 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE METROPOLITAN DADE COUNTY CULTURAL AFFAIRS COUNCIL IN THE AMOUNT OF $20,580 TO ASSIST IN THE IMPROVEMENT PROJECT OF THE MANUEL ARTIME PERFORMING ARTS CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENTS TO ACCEPT AND IMPLEMENT SAID GRANT, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution 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: ABSENT: None. None. 4. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "MANUEL ARTIME DEVELOPMENT TRUST" - ACCEPT GRANT AWARD FROM METROPOLITAN DADE COUNTY CULTURAL AFFAIRS COUNCIL. Mayor Suarez: I entertain a motion on item 27, which is the ordinance that goes with item 26. Mr. De Yurre: Moved. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Second. Would you read the ordinance? Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: MANUEL ARTIME DEVELOPMENT FUND: APPROPRIATING $20,580 FROM THE METROPOLITAN DADE COUNTY CULTURAL AFFAIRS COUNCIL F189-90 DEVELOPMENT GRANT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE CONTRACT AND/OR AGREEMENTS, NECESSARY FOR SUCH ACCEPTANCE CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: November 16, 1989 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. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Dawkins, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10663. 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. 5. DISCUSS AND POSTPONE REQUESTED AUTHORIZATION TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE SANITATION EMPLOYEES ASSOCIATION (OCTOBER 1, 1989 - SEPTEMBER 30, 1991) - EXPRESS GENERAL CONSENSUS OF COMMISSION MEMBERS IN ORDER THAT APPROPRIATE PAYROLL MECHANISM CAN BE SET IN MOTION. Mayor Suarez: I'm concerned about item 30. Why would you expect us to take up this item today when the whole purpose of not having a hearing was so that Commissioner Alonso would have time... Mr. Odio: I had... Mayor Suarez: Have you been able to brief her on it? Mr. Odio: I sat down with Commissioner Alonso and I feel that she is satisfied with the answers that I had and if she has any other questions, but we felt that it would be unfair to the employees, since they would lose out on a pay period if they didn't get this passed today. They have voted for it, all of the employees and approved it. Mayor Suarez: Everyone has signed off on it except the Commission, then? Mr. Odio: Except the Commission. Mr. Dean Mielke: Yes sir. Mayor Suarez: Dr. Alonso, it is pretty much up to you whether you think this item, if you are ready to vote on it, or if you would like to have more time. We're going to... Dr. Alonso: Well, I wish I had had more time to study, but of course, the City Manager explained to me that it was a problem that they lose some pay, so I... Mayor Suarez: That's not exactly true, because if we approved it next week, we can always make the pay retroactive. Mr. Odio: Well, but some of the people live from paycheck to paycheck, Commissioner. 10 November 10, 1989 Mr. Plummer: You can make it retroactive. Mr. Mielke: Commissioner... Mr. Odio: It is retroactive anyway, but they would lose out on some monies in the pay period. Mayor Suarez: The cash flow from the next week, I don't even know if they have any payroll between now and next week. In any event, it is up to you, really. If you feel you are prepared to vote on it, it makes it... Mr. Plummer: Well, why don't you do it this way for Miriam. Let's go ahead and approve it today and give her a three day objection and if she has any objection then we'll bring it back in the next meeting. If she has no objections, it's passed. Mr. Dawkins: Not a free day... Mr. Plummer: How about a two day? Mr. Dawkins:... but a free period from now until the next Commission meeting. Now, we've got, this Commission, we've got this much reading material that she has to go through before she can even think about this. So let's, I will move it with this stipulation, that between now and the December meeting, that if for any reason Commissioner Alonso has any problems with this, then we bring it back and we kill it. Mr. De Yurre: What happens then if you paid out checks already? What about until the next meeting, which is on Monday, or whenever it happens? Mr. Dawkins: That's unfair. Mr. Plummer: Why not just bring it up then on Monday? When's the next pay period? Mr. Mielke: Mr. Mayor, if I... j Mr. Dawkins: And if you paid them, you just deduct it from his next check. ] Mr. De Yurre: Well, ho ho, I'd like to see that one! 'i Mr. Dawkins: That's what you've got computers for. See, you put in the } computer and you take it out of the computer. Mayor Suarez: Dean, do you want to try to propose a... Mr. Mielke: Let me speak on behalf of the employees here, because there's a couple of things you need to know. First of all... Mayor Suarez: On the procedural issue of why we should act on this in a way that doesn't prevent and preclude Commissioner Alonso to fully study it and at the same time does not in any way cause any harm to any of the employees affected if we were disposed to pass it. That's what we are interested in, if you have any thoughts on that. Mr. Mielke: Simply that for us to move after you approve it now, we'd have to enter the increase into the computer tonight, to be able to pay it to them on the next payday. If you reversed it, I think, as the Commissioner said, we could always take it back, I suppose, out of their paycheck. Mayor Suarez: Commissioner, it is really kind of up to you. If you want us to vote on it, there is always room, I suppose, to reconsider something if we somehow put into the record that the union shouldn't rely on this vote. It is sort of a provisional vote, I suppose, but you know a union contract really shouldn't be treated that way. Is anybody going to really have any opportunity to be paid tomorrow on the basis of the new agreement? Mr. Mielke: They wouldn't be paid until next Friday even if... Mayor Suarez: All right, let's just deal with it Monday, then. 11 November 16, 1989 Mr. Mielke: If you don't approve it today, there is no authority to put the raise, to grant the raises into the computer tonight. If it doesn't go into the computer tonight, it won't be in next payday's check. Mr. Plummer: Why? Is our Computer Department that slow? Mr. Mielke: No, sir... Mayor Suarez: But Dean, let's give a signal to the Computer Department that they should put all of this in the computer, because I think four of us are all ready to vote favorably and then Monday we'll take a formal vote after she's had a chance to look at it. Mr. Mielke: That's fine. Mr. Plummer: Good, just don't push the button until Monday. Mayor Suarez: OK, and do I reflect everybody's feelings that we are probably going to vote favorably on this, so that we can get the computer geared up for it? Mr. Dawkins: Yes, and... Mr. Plummer: I basically have one question to ask. Mayor Suarez: OK. Mr. Plummer: Mr. Manager, are you assuring this Commission that all the negotiated raises are provided for and adequate monies are available in the present budget? Mr. Odio: Yes, sir. Mr. Plummer: Thank you. f Mr. Dawkins: OK, I'd like to say to the union rep and the management rep that ' immediately after this meeting you individuals get together with Commissioner Alonso so that you can brief her on this rather than attempting to have her try to read through it and then... Mr. Mielke: Fine, be happy to. Mr. Dawkins: OK, thank you. Mayor Suarez: OK, with that understanding then, the item will be deferred until Monday, but you do have I think the sense of the Commission, Mr. Manager, as to getting the computer geared up for those payroll... (AT THIS POINT, FINAL CONSIDERATION OF THIS ITEM DEFERRED UNTIL MONDAY, NOVEMBER 20TH.) 6. GRANT REQUEST FROM HISPANIC POLICE OFFICERS' ASSOCIATION AUTHORIZE MANAGER TO WAIVE RENTAL FEE OF COCONUT GROVE EXHIBITION CENTER FOR USE IN CONNECTION WITH THE III ANNUAL CULTURAL CONFERENCE. Mayor Suarez: OK, item 57. I presume this is here because... where are the representatives of the Hispanic Police Officers' Association? Mr. Odio: This happens Nov... Mayor Suarez: They have a function coming up on Saturday, November 18th and they wanted what, a waiver? Mr. Odio: They want to discuss about $13,350. Mayor Suarez: And your recommendation? Don't have the money? Mr. Odio: It is not budgeted. 12 November 16, 1989 W no Mr. Plummer: I'll move for half of it. Mayor Suarez: Move for half the amount which is roughly $6,000 plus. So moved. Do we have a second? Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? We gave the full amount last year? Mr. Plummer: It was a hell of a lot less. Mr. Odio: $9,658. Mayor Suarez: I hope that it is absolutely clear if this passes that we are out of money, and if we went from a full amount to half the amount, the next time it is likely to be, just like you said back there... Dr. Alonso: I have a question. Mayor Suarez: Yes, Commissioner. Dr. Alonso: In the question of the parking, why are they not going to charge for the parking? Mayor Suarez: Is there any particular reason you are not going to charge for parking? - that maybe if you did, yes, if we did, we might recover some of these funds? Unidentified Speaker: Well, there is going to be a surcharge for the tickets at the door and if there is a parking charge, that's also fine. Mr. Plummer: Does that reduce the thirteen? Mayor Suarez: Well, now six is what... j Mr. Odio: Well if... the parking was seven thousand two eighty-four. f Mr. Plummer: Is that part of the thirteen? y i Mr. Odio: That was part of the thirteen, so if they... Mr. Plummer: So if you charge for the parking, then we're really not doing them any favor. Is that correct? Well, I don't have a breakdown. Does ii anybody have a breakdown? `i Mr. Odio: The breakdown is $5,250, it's in your packet. $5,250 for rental of the facility, $7,284.50 for miscellaneous equipment and the parking, and $816 for City services. Dr. Alonso: But the parking is that, if they are charged for the parking... Mr. Odio: Right. Dr. Alonso: ... then the City recovers that money. Mr. Odio: Yes. i Mr. Plummer: I'll alter my motion to say we waive the rental. Mr. Odio: That's better. Dr. Alonso: That's right. Mayor Suarez: We would not otherwise use the facility for anything else that day? OK, so moved. Mr. De Yurre: Second. i Dr. Alonso: Second. Mayor Suarez: Any discussion? If not, please call the roll. 13 November 16, 1989 Mr. Plummer: With a provision and a guarantee that you won't come back next year and ask for it. Mayor Suarez: Be advised that next year it doesn't look like there is going to be any rental waivers for any facilities. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1001 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE HISPANIC POLICE OFFICERS ASSOCIATION TO COVER THE RENTAL FEE OF THE COCONUT GROVE CONVENTION CENTER FOR A CULTURAL EVENT TO BE HELD NOVEMBER 18, 1989, SUBJECT TO THE CONDITION THAT THE ORGANIZERS WILL NOT REQUEST FUNDS FOR THIS EVENT NEXT YEAR; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution 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. 7. CITY COMMISSIONER COMPLAINS TO THE CITY MANAGER CONCERNING SIGNS OF VAGRANCY AT BICENTENNIAL PARK AND REQUESTS MANAGER TO CLEAN UP THE PARK. Mr. Plummer: Mr. Mayor, may I bring up something and it is not for action. Mr. Dawkins: Hey, now you are the one that said we didn't have too much on the agenda. Mr. Plummer: Be quiet. Mr. Dawkins: Now here you come with something special. Mr. Plummer: Man, these guys, they get so optimistic when they win four years! Mr. De Yurre: Budweiser again? Mr. Plummer: Mr. Mayor, to the Manager. Mr. Manager, I don't know if the rest of this Commission has had the opportunity to drive through Bicentennial Park. When I stop and think of the monies that have been invested by this City in that park, it is an absolute disgrace to this Cityl The people in that park have clothes drawn all over everywhere. They are sleeping all over that park. I am told by personnel there that when they call the police they 14 November 16, 1989 ■ I won't do anything about it, and maybe that's the case, but I'm telling you that when I drove through there this morning, I was embarrassed to say that that park belongs to the City of Miami. I just hope the Administration will take that note and get that park cleaned up, and I mean, cleaned up from stem to stern because it is an absolute disgrace. Amen! ------------------------------------------------------------------------------ 8. (A) CONTINUE TODAY'S PLANNING & ZONING AGENDA TO NOVEMBER 30TH, BEGINNING AT 2 P.M. (B) CONTINUE REGULAR AGENDA PREVIOUSLY SCHEDULED FOR NOVEMBER 20TH TO NOW TAKE PLACE ON NOVEMBER 30TH, AT 9:00 O'CLOCK (except four items taken up this date) Mayor Suarez: Mr. Vice Mayor, you had indicated before, and I now have a note from the attorney for Varadero Supermarket that you will be seeking to defer that item. The reason I mention this is that this relevant to whether we meet on Monday or Tuesday which we haven't yet resolved the case, unless I am mistaken, that we haven't resolved that yet. Now, before you get ready to make an argument, do we have any indication that that the opposing groups... do you represent them in any way, Bob? Mr. Robert Valledor: Mr. Mayor, I'm president of the Coral Gate Homeowner's Association, which is appealing the decision of the Zoning Board. Mayor Suarez: Have you, since, Mr. Cardenas, I have corrected stated that you would be seeking a deferral of the item? Mr. Al Cardenas: Yes, we thought we had an agreement with them for a deferral. Apparently in the last day or two, they've advised us otherwise, but we felt that there was an agreement. Mayor Suarez: OK, so there is no agreement? Mr. Valledor: No, sir, there is no agreement. Mayor Suarez: All right, there is nothing to talk about, except what we do for scheduling. We take note of the fact that you wanted to defer, but this is not the proper time to discuss it, because this item... well, I suppose it was scheduled to be heard today, but everybody was advised that we would not be hearing it today, Al, so I don't see... Mr. Cardenas: Well, you see, if I may, for the record, my name is Al Cardenas and I am here on behalf of Varadero Supermarket, and the problem is as follows: I'm scheduled to be in Washington Monday and Tuesday on government business, Board of Fanny Mae that meets monthly. We had talked with the attorneys for the Homeowner's Association, Terrance Weaver, agreed, had a conversation, they said they would check with the Homeowner's Association to verify that they would agree to a continuance, called us back and said an agreement had been reached. We then sent a letter to the attorneys confirming that there would be a continuance of the matter. This was on October 30th that the letter was hand delivered to the attorneys, October 27th the conversation took place. Then we heard on election day, on Tuesday, that there had been a change of heart. Mr. Rodriguez is here because not only will I be out of town, but he had advised all the witnesses and everybody who wanted to show up that based on the agreement reached between the Homeowner's Association and us that there would not be a hearing and we are just not physically prepared to appear. My concern is for all of the homeowners to... Mayor Suarez: That agreement as you understood it was as to when, as to Monday? Mr. Cardenas: That agreement was that the matter would be continued to January. Mr. Valledor: Excuse me, that agreement was that it would be listened to not this Thursday or not this evening, and there was no agreement as to a specific date as to when it would be at the next hearing and for the record, I am Robert Valledor, I live at 3324 SW 20th Street. 15 November lb, 19$9 Mayor Suarez: And Bob, is Terrance Weaver validly represent, and do they still valid represent your group, Coral Gate Homeowners? Mr. Cardenas: And I would state on the record... Mr. Plummer: Well, wait a minute, let me ask this question. Mr. Cardenas: I will state on the record that they agreed to a continuance. Mr. Plummer: Did the homeowners agree to a continuance? Mr. Valledor: The homeowners agreed to put it off not this... Mr. Plummer: But without a specific date? Mr. Valledor: Originally without a specific date, for this Thursday, sir. Mr. Plummer: And then on that reliance is why you cancelled your experts to testify? Mr. Cardenas: Yes, sir, and I've got the scheduled trip on Monday and Tuesday. Mr. Plummer: Can I ask this question? Mayor Suarez: Well, we've got all kinds of scheduling conflicts, so maybe by the time we resolve all of this, there won't be any issue as to the two of you, because we are having a tough time figuring out if we can meet Monday or Tuesday anyhow, so... Mr. Plummer: Let me ask, if I could ask you this question. Since you did agree to it, may I ask the reason why you withdrew that agreement? Mr. Vallador: After speaking with a good number, a good number of the residents and the owners in Coral Gate, this is weighing very heavily on everyone's minds in the Gate. This determines the future if it goes on as a residential area. Mr. Plummer: Wait, wait, that's not my question. Mr. Vallador: Yes sir, OK, I'm sorry. Mr. Plummer: Obviously you agreed to it. Mr. Vallador: There's a lot of people that are upset, there are a lot of people that want to get this thing, have a decision, cut or fish bait, or... Mr. Plummer: Are you saying that you didn't check with the people prior to making that agreement, is that what you...? Mr. Valledor: We spoke with the board of directors and then subsequently to that we've had meetings with the homeowners and the general consensus is, let's do it. Mayor Suarez: OK, now, so we are back to the fact that you have a conflict Monday and Tuesday. There was a tentative agreement to postpone this until an indeterminate time. We have conflicts, you have a conflict, Mr. Vice Mayor, on Monday, right? And Miller will be out of town as of Tuesday, right, Commissioner? Mr. Plummer: Due to the lack of interest, today has been cancelled. Mayor Suarez: And the only other possibility that occurs to me then is to meet right after Thanksgiving. Have we considered that, or did I forget something, like the... Mr. Plummer: That's what I asked about, the Friday after Thanksgiving. Mayor Suarez: And for how long? Mr. Plummer: What do you mean? 16 November 16, 1989 144'll'll, 1* Mayor Suarez: How long are you going to be out of time for? Mr. Plummer: No, I don't leave until Sunday. Mr. Plummer: No, but for how long will you be out of town? Mr. Plummer: Mr. Mayor, if I'm not mistaken, I leave here, this is that damn crazy convention that starts on a Sunday and ends on a Wednesday, but I was planning on taking the full week which would bring me back here, I think on the 3 rd . Mr. Plummer: You couldn't be here for the Thursday after Thanksgiving, which is the... Mr. Plummer: No, I wouldn't be here on the 30th. Mayor Suarez: ... 29th or the 30th? You wouldn't be back for either one of those? Mr. Plummer: It was not my intention, no. Now, could I change my schedule? Maybe. What I was going to do after the convention ends on Wednesday night, I was going to go up into North Carolina for a couple of days, since I was already up there. Mayor Suarez: With the camper? Mr. Plummer: Yes. Mayor Suarez: Friday after Thanksgiving is one other possibility. Commissioner Dawkins, you will be of town this Friday? Mr. Dawkins: Yes. Mayor Suarez: This Friday? Mr. Dawkins: Yes, next Friday, too. Mayor Suarez: Next Friday, rather. Well, there is no way to reconcile everybody. Mr. Plummer: Mr. Mayor, if I'm the only stumbling block for the 30th, let me try to work it out. Go ahead and schedule it for the 30th. If I have a major problem, I'll so notify you, but I... Mayor Suarez: Let's go for the 30th. That obviously will be satisfactory to you, although we are not trying to necessarily abide by whatever will be satisfactory to the two of you. The next time you tell us there is a continuance, please make sure to agree, you know, it is a continuance until what date so that... Mr. Fernandez: Mr. Suarez... Unidentified Speaker: Just the one item? Mr. Fernandez: One item, or the entire P&Z agenda? Mayor Suarez: I think the entire P&Z agenda. That gives Commissioner Alonso more time there. Dr. Alonso: Yes. Mr. Fernandez: For Thursday the 30th at 2:00 o'clock. Mayor Suarez: OK, I entertain that in the form of a motion. Mr. Plummer: Umm, hmm, OK. Mr. Dawkins: Second. Mayor Suarez: OK, moved and seconded. Mr. Valledor: The same times? 17 November 16, 1989 i Mr. Fernandez: And this is continued. Mr. Valledor: Excuse me, the same time? Mayor Suarez: The same time as to your item, yes. It would be at 7:00 p.m., right? Mr. Valledor: Yes. Mayor Suarez: That item is especially set for, there is a special time, right. Mr. Plummer: And I can I please request, since you are representing them, my office has literally received hundred's of letters, OK? - mostly form letters, but they are letters. For God's sake, please try and line up four or five speakers and don't have everybody talking. Mayor Suarez: Yes, it really doesn't help. Explain that to them, Bob. Mr. Valledor: Yes, we have certain issues and certain things that need to be covered. Those will be there, but we have mentioned that we would like to limit the number of speakers, and the homeowners are very upset, and they feel they have a right to say, because again, this is their neighborhood, sir. Mr. Plummer: Well, they do, there is no question they do, but I think if you explain to them sometimes when they talk, they talk to their own detriment, it might help. Mayor Suarez: Yes, tell them that it doesn't really help, and also tell them that you have given a great boost to our recycling efforts in the City of Miami from all of the correspondence. Mr. Valledor: We do our part, sir. Mayor Suarez: All right, we have a motion and a second. Any further discussion? if not, please call the roll. Mr. Plummer: So that would be 9:00 o'clock on the 30th? Mr. Fernandez: At 2:00 o'clock. Mr. Plummer: Well, wait a minute, what are you doing about the other agenda? Mayor Suarez: We are going to get to that in a second, but we have to continue the Planning and Zoning hearing that we have today. Mr. Plummer: It's my understanding we were going to do both. i —= Mayor Suarez: I hope would hope that you would all agree to do the other one on that day too. Mr. Plummer: Yes. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. i Dr. Alonso: For when? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Well, let's... Mr. Odio: Mr. Mayor, can I ask something? If there are street closures in here, if I am authorized to take care of them, then... Mayor Suarez: Did you check to see... wasn't there authority in the ordinance too for street closures and wine and beer permits, or is it just wine and beer permits that we gave to the Manager? Mr. Fernandez: Right. 18 November 16, 1989 Mayor Suarez: No street closures? That would have been a logical thing to go with the wine and beer permits. Mr. Plummer: Good, have no street closures. Mayor Suarez: I have no problem. How many are we talking about? I mean, are we giving a sort of indeterminate grant of power here to the Manager? Mr. Plummer: Mr. Mayor, all kidding aside, OK , that's one of the problems of the residents of Coconut Grove, is so many street closures. Mayor Suarez: Well, isn't it Coconut Grove are the ones that...? Mr. Plummer: I would assume most of them are, they usually are. Mr. Odio: I just don't see any items here that we can take. Mayor Suarez: OK, as of now we could give Mr. Manager, if something comes up, let's see if we can just get' to it, I'd hate to have to call a special session, I suppose if there was an emergency we could always do that. Unless somebody has got better information. Nobody seems to... Sergio, anything else? Mr. Rodriguez: On the Planning and Zoning items, all the items which are scheduled for 2:00 o'clock will be at the same time except for 1 and 2 we would like to have withdrawn. Mayor Suarez: Yes, I'm sorry, I have to announce, right, items 1 and 2 are withdrawn? Mr. Rodriguez: PZ-1 and PZ-2 and then the items which are... Mayor Suarez: PZ-1 and PZ-2. Mr. Rodriguez: The items which are scheduled for 5:00 o'clock, which are 12, 13 and 14 will be at 5:00 o'clock, and then the item which is at 7:00, PZ-15 will be at 7:00 o'clock. Mayor Suarez: 7:00 o'clock as scheduled for today. We also... Mr. Plummer: Can I recommend that any in-house items be pulled from the agenda and set over to another agenda, any in-house? Mr. Odio: I hate to do this, but we had until Monday for Commissioner Alonso for the next Commission meeting to reject or not the S.E.A. contract by changing the meeting. Yes, that's what I understood, that she had until the Monday of the next Commission meeting. Mr. Fernandez: That item was not taken up at all. There was no vote on the contract, on the labor contract. Mayor Suarez: OK, we're getting the computers ready, and I think if we approve it on the 30th, I think payroll will be OK, will it not, Dean? No? Mr. Mielke: I have to put it into the computers tonight. Mayor Suarez: No, but I mean, the final action, ratifying it would be on the 30th? Would that cost anybody anything as long as it is all retroactive? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Two paychecks? Mr. Plummer: How long have you been... Mayor Suarez: Is it retroactive? - it would be a retroactive determination. All we have to do is gear up the computer to reflect that. Mr. Plummer: How long has this contract been negotiating? Mr. Mielke: One year. 19 November 16, 1989 Mr. Plummer: One year. And now it all dumps on us in one minute. Mr. Odio: Go ahead and do it on the 30th. I have no problem. Mayor Suarez: We have a motion and a second. Any further discussion? It is now, Madam City Clerk, as to both the Regular session and the Planning and Zoning beginning at 2:00 o'clock. Regular session will begin at 9:00 a.m. on the 30th. Any further discussion? If not, please call the roll. The following resolution and motion were introduced by Commissioner Plummer who moved their adoption: RESOLUTION NO. 89-1002 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN NOVEMBER, 1989 TO TAKE PLACE ON NOVEMBER 30, 1989, COMMENCING AT 9:00 A.M.; FURTHER RESCINDING RESOLUTION NO. 89-998, ADOPTED NOVEMBER 15, 1989. MOTION NO. 89-1002.1 A MOTION CONTINUING ALL PLANNING AND ZONING ITEMS SCHEDULED TO BE HEARD TODAY TO NOVEMBER 30, 1989 BEGINNING AT 2:00 P.M. Upon being seconded by Commissioner Dawkins, these were 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I guess. COMMENTS MADE AFTER ROLL CALL: Mr. Dawkins: We do not meet Monday? Mayor Suarez: That's right. We are adjourned until the 30th. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 2:37 P.M. ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez M A Y 0 R ( S E A L ) 20 November 16, 1989 I i i i CITY OF MIAMI DOCUMENT INDEX {� �ree�► oun t7 q�ECQf��Q`C . KW.E M WE: November 16, 1989 PAWi OF �1....... DOCtJNENT DENTE1CATM REIREVAL CODE N ACCEPTING THE BID OF HIALEAH GRANDSTAND, INC. FOR THE RENTAL OF APPROXIMATELY 3500 TEMPORARY GRANDSTAND - SEATS FOR THE ORANGE BOWL. AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE METROPOLITAN DADE COUNTY CULTURAL AFFAIRS IN THE AMOUNT OF $20,580. WAVING THE RENTAL FEES FOR USE OF THE COCONUT GROVE EXHIBITION CENTER FOR THE III ANNUAL CULTURAL CON- FERENCE RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEET- ING IN NOVEMBER 1989, TO TAKE PLACE ON NOVEMBER 30, 1989. R 89-999 R 89-1000 R 89-1001 R 89-1002