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Home My WebLink AboutCC 1987-05-28 MinutesNATTY HTRAT City Clerk ,f INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA MAY 28, 1987 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATION, PROCLAMATIONS, PRESENTED 1 COMMENDATIONS. 5/28/87 2. APPROVE TRANSFER OF BALANCE OF R-87-482 1-3 SWIRE BISCAYNE GRANT FOR EAST 5/28/87 LITTLE HAVANA SITE TO BARNETT BANK OF SOUTH FLORIDA. 3. CONSENT AGENDA. 3-4 5/28/87 3.1 AUTHORIZE PURCHASE OF PARCEL 25-H R-87-483 5 WITHIN THE SOUTHEAST OVERTOWN/PARK 5/28/87 WEST REDEVELOPMENT AREA. 3.2 DESIGNATE ALBERT RUDER AS MEMBER R-87-484 5 OF REVIEW COMMITTEE TO EVALUATE 5/28/87 PROPOSALS FOR UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY. 3.3 ACCEPT PLAT: J & S OAKS. R-87-485 5 5/28/87 4. BRIEF DISCUSSION AND TEMPORARY DISCUSSION 5-8 DEFERRAL OF PROPOSED AGREEMENT WITH 5/28/87 SHEPHERD, IOBE, COSTA FOR PREPARATION OF CITY OF MIAMI MARKETING, PROMOTION AND INFORMATION PACKAGE (SEE LABEL #12). 5. AUTHORIZE AGREEMENT WITH MIAMI R-87-486 8-17 CAPITAL DEVELOPMENT INC. AND 5/28/87 CIRCA/BARNESS/SAWYER FOR CONSTRUCTION OF PARCEL 55 OF OVERTOWN/PARK WEST. 6. (A)INDIAN RIVER INVESTMENTS MUST M-87-487 17-26 BREAK GROUND ON PARCEL 46 OF PHASE M-87-488 I OF OVERTOWN/PARK WEST BY JULY 20, 5/28/87 1987 OR ITS $7.5 MILLION GRANT WILL BE CANCELLED. AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT AND INDIAN RIVER INVESTMENTS FOR CONSTRUCTION OF HOUSING ON PARCEL 46 OF PHASE I OF OVERTOWN/PARK WEST. 7. AUTHORIZE ALCOHOL PERMIT FOR R-87-489 26-27 "MIRACLE LUNCH BRUNCH " CONDUCTED 5/28/87 BY BUILDING OWNERS AND MANAGERS ASSOCIATION OF GREATER MIAMI. 8. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 27-30 AGREEMENT WITH JANIS JOHNSON FOR 5/28/87 PLANNING SERVICES PERTAINING TO UPDATING ZONING ORDINANCE 9500. 9. BRIEF DISCUSSION RE CARL HIAASIN'S DISCUSSION 30-31 ARTICLE IN THE MIAMI HERALD 5/28/87 CONCERNING COMMISSIONER CAROLLO. 10. AUTHORIZE AGREEMENT WITH RICHARD R-87-490 31-32 WEISBERG FOR ZONING SERVICES 5/28/87 PERTAINING TO UPDATING ZONING ORDINANCE 9500. 11. ALLOCATE $18, 284 FOR FUNDING R-87-491 32-33 UPDATE OF ZONING ORDINANCE 9500. 5/28/87 12. NEGOTIATE AND EXECUTE AGREEMENT R-87-492 33-36 WITH SHEPHERD, LOBE, COSTA FOR 5/28/87 PREPARATION OF CITY OF MIAMI MARKETING, PROMOTION AND INFORMATION PACKAGE (SEE LABEL #4) 13. AUTHORIZE NEGOTIATIONS WITH R-87-493 36-37 MIKALOW, INC. FOR ISSUANCE OF 5/28/87 REVOCABLE PERMITS FOR TEMPORARY MOORING OF GALLEON AT PIER PARK. 14. CITY ATTORNEY TO DEFER PURSUIT OF M-87-494 37-39 APPEAL I CONNECTION WITH MIKELE 5/28/87 CARTER V. CITY, PENDING JUDGE'S ADJUDICATION. 15. DISCUSSION RE PREVIOUSLY PASSED DISCUSSION 39-49 NOMINATION OF ALBERT RUDER TO 5/28/87 REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY (SEE LABEL #3.2) 16. FIRST READING ORDINANCE: DECREASE FIRST 49-50 APPROPRIATIONS FOR "FLAGAMI READING SANITARY SEWERS." 5/28/87 17. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 50-56 OF PROPOSED ORDINANCE APPROPRIATING 5/28/87 FUNDS FOR BAYFRONT PARK REDEVELOPMENT (SEE LABEL #37) 18. BRIEF DISCUSSION AND TEMPORARY DISCUSSION 56 DEFERRAL OF PROPOSED BID ACCEPTANCE 5/28/87 OF DANVILLE/FINDORFF INC. FOR BAYFRONT PARK REDEVELOPMENT - PHASE III (SEE LABEL #38) 19. ALLOCATE $25,000 TO R-87-495 56-57 CARIBBEAN/CENTRAL AMERICAN ACTION 5/28/87 INC. FOR CONFERENCE "STRATEGIES FOR ECONOMIC DEVELOPMENT: TELECOMMUNICATIONS IN THE CARIBBEAN BASIN." 20. AUTHORIZE EXTENSION OF CONTRACT M-87-496 57-60 WITH AIDA LEVITAN. 5/28/87 21. DISCUSSION RE CODESIGNATION OF DISCUSSION 60-68 STREETS IN THE LATIN QUARTER AREA. 5/28/87 22. DISCUSSION RE TABLE TENNIS DISCUSSION 68-74 CHAMPIONSHIPS (SEE LABEL #33). 5/28/87 23. RENAME THE FLAGAMI PARK SENIOR M-87-497 74 CENTER AS "DR. ARMANDO BADIA 5/28/87 CENTER" 0 f 24. ADMINISTRATION TO REVIEW AND BRING M-87-498 75-76 BACK RECOMMENDATION RE: 5/28/87 REDEVELOPMENT OF BROWN HOUSE ON WATSON ISLAND. 25. PUBLIC -HEARING CALLED RE: EXTENSION M-87-499 77-80 OF EDISON LITTLE RIVER TARGET AREA 5/28/87 BOUNDARIES. 26. DISCUSSION RE: RECRUITMENT OF DISCUSSION 80-85 FIREMEN OUT OF CITY LIMITS. 5/28/87 27. INVESTIGATION ORDERED RE: LIABILITY M-87-500 85-89 INSURANCE COVERAGE RELATING TO 5/28/87 MIAMI ROWING CLUB. 28. ADMINISTRATION TO BRING BACK A M-87-501 89-96 CONSTRUCTION PLAN FOR NORTH POLICE 5/28/87 SUBSTATION NOT EXCEEDING $4.3 MILLION; INTERGOVERMENTAL FEES WAIVED FOR POLICE SUBSTATIONS. 29. PORT BRIDGE. R-87-502 96-99 5/28/87 30. PERMIT BERNARD PORTIER TO FENCE AND M-87-503 99-100 MAINTAIN A STRIP OF LAND ADJACENT 5/28/87 TO HIS PROPERTY AND MORNINGSIDE PARK. 31. (A) AGREEMENT WITH JOYCE MEYERS AS R-87-504 100-106 PLANNING CONSULTANT. (B) DOWNTOWN M-87-505 DEVELOPMENT AUTHORITY TO BUDGET FOR 5/28/87 TWO CITY PLANNERS. 32. ORDER "LOADING SIGNS" REMOVED R-87-506 106-113 PRESENTLY IN FRONT OF W.O.C.N. R-84-506.1 RADIO STATION FOR A 60 DAY STUDY. M-84-507 (B) ADMINISTRATION TO COME BACK IN JULY WITH RECOMMENDATION CONCERNING W.O.C.N. PARKING AS WELL AS OTHER AREAS OF CONCERN. (C) CITY MANAGER TO WRITE LETTER TO JUDGE CONCERNING TRAFFIC CITATIONS ISSUED TO W.O.C.N. RADIO STAFF. 33. PROPOSE ALLOCATION OF $4500 TO DISCUSSION 113-114 UNITED STATES TABLE TENNIS 5/28/87 CHAMPIONSHIPS - INVOKE 5-DAY RULE (SEE LABEL #22) 34. FIRST READING ORDINANCE: INCREASE FIRST 114-119 FEES OF CITY DAY CARE FACILITIES. READING 5/28/87 35. SECOND READING ORDINANCE: IMPACT ORDINANCE 119-134 FEES. 10273 36. ACCEPT IN PRINCIPLE CITYWIDE PARKS M-87-508 134-151 IMPROVEMENT PROGRAM. 5/28/87 37. FIRST READING ORDINANCE: (FAILED FIRST 151-160 AS EMERGENCY) INCREASE READING APPROPRIATIONS FOR BAYFRONT REDEVELOPMENT (SEE LABEL #17) 38. DEFER PROPOSED ACCEPTANCE OF BID TO M-87-509 160-170 DANVILLE/FINDORFF FOR BAYFRONT PARK 5/28/87 REDEVELOPMENT PHASE III; MANAGER TO NEGOTIATE WITH SECOND LOWEST BIDDER (SEE LABEL #18) 39. CONTINUE CONSIDERATION OF TWO M-87-510 APPEALS FILED BY THE ALLIANCE 5/28/87 FRANCAISE OF ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION AND VARIANCE AT 349 S.W. 12 STREET. 40. FIRST READING ORDINANCE: ATLAS FIRS CHANGE FROM RG-2.1/3.3 TO RG-2.2/7 READING AT 2100 BRICKELL AVENUE. 5/28/87 41. AFFIRM ZONING BOARD'S DECISION TO R-87-511 GRANT SPECIAL EXCEPTION FOR ADULT 5/28/87 CONGREGATE LIVING FACILITY AT 50 S.W. 32 COURT ROAD. 42. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION OF APPEAL OF ZONING BOARD'S 5/28/87 DECISION TO DENY VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING AT APPROXIMATELY 1250 S. DIXIE AND 3271-91 W. TRADE AVENUE (SEE LABEL #44) 43. MOTION TO REVERSE ZONING BOARD'S DISCUSSION DECISION TO DENY VARIANCE TO ALLOW 5/28/87 SECOND STORY ADDITION TO 3194 COMMODORE PLAZA FAILED. 44. CONTINUE APPEAL OF ZONING BOARD'S M-87-512 DENIAL OF VARIANCE TO ALLOW OFFICE 5/28/87 BUILDING AT APPROXIMATELY 3250 S. DIXIE AND 3271-91 W. TRADE AVENUE (SEE LABEL #42) 45. FIRST READING ORDINANCE: CHANGE FIRST DESIGNATION AT 5811-37 NORTH MIAMI READING AVENUE FROM LOW -MODERATE DENSITY 5/28/87 RESIDENTIAL TO RESIDENTIAL-OPFFICE. 46. FIRST ORDINANCE: CHANGE ATLAS FROM FIRST HC-1 TO HC-3 AT 5811-37 NORTH MIAMI READING AVENUE. 5/28/87 47. (A) COMMENCE CONDEMNATION M-87-513 PROCEEDINGS FOR PROPERTY AT S.W. 20 M-87-514 AVE. AND 24 TERR. FOR USE AS PARK; 5/28/87 ADMINISTRATION TO FOLLOW UP EVERY 30-60 DAYS; SILVER BLUFF HOMEOWNERS TO POSSIBLY MAINTAIN PARK. (B) PROPERTY DESIGNATED FOR PARK AT S.W. 2ND AVE. AND 24 TERR. TO BE NAMED AFTER FORMER MAYOR BILL WALFARTH. 171-174 174-175 175-179 179-180 181-188 188-192 192-193 193-194 194-199 48. APPROVE IN PRINCIPLE THE DOWNTOWN R-87-515 199-202 WATERFRONT MASTER PLAN AREA FROM 5/28/87 PORT BOULEVARD TO I-395, BETWEEN BISCAYNE BY AND BISCAYNE BOULEVARD (SEE LABEL #50) 49. BRIEF COMMENTS REGARDING PROPOSED DISCUSSION 202 ORDINANCE AMENDING ZONING OFFICIAL 5/28/87 SCHEDULE OF DISTRICT REGULATIONS (SEE LABEL #51) 50. ESTABLISH COMMITTEE TO DEFINE M-87-516 202-203 ACTION PLAN FOR IMPLEMENTATION OF 5/28/87 BICENTENNIAL /FEC PARK MASTER PLAN (SEE LABEL #48) 51. REFER TO PAB PROPOSED ORDINANCE M-87-517 204-207 AMENDMENT "S-2" TO ORDINANCE 9500 5/28/87 BY AMENDING OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (SEE LABEL #49) 52. SECOND READING ORDINANCE: CHANGE ORDINANCE 208-209 DESIGNATION AT 3684-68 S.W. 26 10274 STREET FROM LOW MODERATE DENSITY 5/28/87 RESIDENTIAL TO COMMERCIAL - RESIDENTIAL. 53. SECOND READING ORDINANCE: ATLAS ORDINANCE 209 CHANGE FROM RG-1/3 TO CR-2/7 AT 10275 3684-88 S.W. 25 STREET. 5/28/87 54. (A)DISCUSSION OF PROPOSED SECOND DISCUSSION 210-215 READING ORDINANCES CONCERNING S.W. FIRST 27TH AVENUE GATEWAY DISTRICT. READING (B)FIRST READING ORDINANCE: REDUCE 5/28/87 WIDTH OF S.W. 27TH AVENUE BETWEEN BAYSHORE AND DIXIE. 55. CONTINUED DISCUSSION AND DEFERRAL DISCUSSION 215-221 OF PROPOSED SECOND READING 5/28/87 ORDINANCES CONCERNING S.W. 27TH AVENUE GATEWAY DISTRICT. 56. (A)DISCUSSION OF CHANGE OF PLAN DISCUSSION 221-223 DESIGNATION AT 2606-2630 S.W. 28 R-87-518 3T'REET FROM LOW DENSITY RESIDENTIAL 5/28/87 TO RESIDENTIAL-OFFICE.(B)AUTHORIZE TEMPORARY BARRICADES ON 90 DAY BASIS TO CLOSE JEFFERSON STREET AT S.W. 28 STREET. 57. CONTINUED DISCUSSION AND TEMPORARY DISCUSSION 224-225 DEFERRAL OF CHANGE OF PLAN 5/28/87 DESIGNATION AT 2606-2630 S.W. 28 STREET FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE (SEE LABEL #56 & Z59) 58. ALLOCATE $19,002 TO PURCHASE 200 M-87-519 225-226 UNIVERSITY OF MIAMI FOOTBALL 5/28/87 TICKETS FOR UNDERPRIVILEGED INNER CITY YOUTH. 59. SECOND READING ORDINANCE: CHANGE ORDINANCE 226-233 OF PLAN DESIGNATION AT 2606-2630 10276 S.W. 28 STREET FROM LOW DENSITY 5/28/87 RESIDENTIAL TO RESIDENTIAL -OFFICE (SEE LABEL #56 & #57) 60. SECOND READING ORDINANCE: ATLAS ORDINANCE 233 CHANGE FROM RS2/2 TO RO-1/4 WITH 10277 SPI-3 OVERLAY AT 2606-2630 S.W. 28 5/28/87 STREET (SEE LABEL #59 FOR AMENDMENT) 61. FIRST READIN( ORDINANCE: AMEND FIRST 234-235 ORDINANCE 9500 BY CLARIFYING THAT READING ALL PROPOSED WORK ON A STRUCTURE 5/28/87 REQUIRE PERMITS. 62. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 235-237 FIRST READING ORDINANCE (AMENDMENT 5/28/87 "Q-20) PARKING LIMITATIONS ON BOATS IN FRONT YARDS. 63. PROCEED TO ADVERTISE FOR BIDS FOR M-87-520 237-238 DINNER KEY MARINA PROJECT. 5/28/87 0 0 64. FIRST READING ORDINANCE: PROVIDE FIRST 238 FOR APPLICATION FOR DEVELOPMENT READING PERMITS ON FILE BEFORE EFFECTIVE 5/28/87 DATE OF LEGISLATION AFFECTING THE REQUESTED ACTIVITY. 65. CONTINUANCE OF ALL ITEMS NOT M-87-521 239 CONSIDERED IN THE AGENDA OF MAY 5128187 28TH TO THE COMMISSION MEETING OF JUNE 25TH, 1987. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of May, 1987, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:13 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice -Mayor Plummer then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, COMMENDATIONS 1. Key to the City presented to Basilio, renowned Panamanian singer. 2. Commendations to Officers Larry Jackson and Rodolfo Herbello, for their contributions to the safety of our residents and for their laudable and prompt action on behalf of an accident victim. 3. Proclamation "Upward People" Day. 2. APPROVE TRANSFER OF BALANCE OF SWIRE BISCAYNE GRANT FOR EAST LITTLE HAVANA SITE TO BARNETT BANK OF SOUTH FLORIDA ------------------------------------------------------------------------- Mayor Suarez: What item is the East Little Havana? INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Don't know. Ok.. Let me see if we could... you know, counselor? Somebody in the group knows. UNIDENTIFIED SPEAKER: It is not in the agenda. Mayor Suarez: It's not on the agenda? Mr. Plummer: Which boat is this? Mayor Suarez: Ah he. The old emergency item. Mr. Plummer: Which boat is this on? - Cesar. Mr. Odio: Yes, sir. 1 May 28, 1987 Mr. Plummer: This galleon, what is... Mr. Odio: What item is that? Mr. Plummer: Seven. Mayor Suarez: I would be more than willing - let me consult the rest of the Commission, to dispose of the item having to do with disbursements to the East Little Havana so you can get your project completed. But I want to make sure the Commissioners are Ok. on that. We only have three of us up here. Anyone being negative would mean it wouldn't pass, so... Mr. Plummer: Mr. Mayor. Mayor Suarez: Mr. Vice -Mayor. Mr. Plummer: I received a call from Mary Elena understanding - it was my impression, and I don't know where I got it from, that the disbursements were going to be made in two lump sum payments. And, under those circumstances, I saw no reason that they could not bring it back before the Commission because it would only appear twice. Now I'm told that it will require many more than two disbursements as long, I agreed, that as long as the City Manager had to sign off, and would notify all of us when he did, by memo, as to - that he did sign off, how much it was for, and what it was for, I would concur on that. So, it gives us the still, the control if they don't sign off on the first one what we feel is right, we'll surely change it on the second. I would move, at this time, Mr. Mayor, that this Commission authorizes the Manager to have the approval of signing off on those documents with the proviso that he immediately sends each member of this Commission a memo stating what he did, for what amount, and what purpose it was for. I would so move. Mayor Suarez: So moved. Mr. Dawkins: I second. The only thing I got a problem with is how this gets to be a Commission item when this - everybodys sitting out there and everybody know us that this could have been resolved without taking up time on the Commission. Mayor Suarez: I guess it was the indication last time that we wanted to have the Commission approve. I'd always thought that it made more sense to have the City Manager do the approving. By the way, when you give us those memos, they could be very similar to the one the City Attorney sends us every time she settles a case, pursuant to that ordinance that we passed allowing her $25,000 authority. They're very instructive; we don't always read them all, but they certainly give the information to us in case we want to object to a settlement. You give us a few days each time, Madam City Attorney? You give us two days? Mr. Plummer: I want to know which boat it is. Ms. Dougherty: Two weeks. Mayor Suarez: Two weeks. Well, obviously in this case, we wouldn't want to have two weeks for each Commissioner to look at it. Mr. Plummer: Mr. Mayor, just to put on the re... Mayor Suarez: As long - you're, you're motion is as long as they... the Manager advises us by memo. Mr. Plummer: Exactly. Mr. Mayor, just for the record, the reason that I brought that up as I did previously, I think it was not myself alone who expressed a concern that each one of the projects had contingency fees that were very, very large and there was not... Mayor Suarez: Marketing fees that were large. Mr. Plummer: and there was not - well Ok. , and for that reason was the reason I felt that I and the other members of this Commission wanted to keep a close watch and control over, and that was the only reason I put the stipulation last time that I did. That as long as we have a safeguard, I'm not in any way trying to cause a project to be more expensive. 2 May 26, 1987 Mr. Dawkins: No, I agree, J.L., the only thing - the biggest concern was, as you said, there were fees in there that didn't make sense to us, and we wanted two things. That the project be built according to the cost, and that it get done as quickly as possible. So I move, call it question. Mayor Suarez: Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-482 A RESOLUTION OF THE CITY OF MIAMI COMMISSION APPROVING TRANSFER OF THE BALANCE OF THE SWIRE BISCAYNE INC. am GRANT FOR THE EAST LITTLE HAVANA SITE TO BARNETT BANK OF SOUTH FLORIDA, N.A. AS CONSTRUCTION LENDER FOR THE PROJECT AND DISBURSEMENT OF SAID FUNDS IN ACCORDANCE WITH THIS RESOLUTION. (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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Suarez: Go, and sin no more - or whatever. 3. CONSENT AGENDA Mayor. Suarez: Items one through eleven constitute the Consent Agenda. Do any of the Commissioners want to remove any of those items to be considered separately, otherwise we can proceed to a vote collectively. Mr. Dawkins: Pull 1, 2, 3, 4, 5, 6, 7, 9 for discussion. Mayor Suarez: Ok., the Consent Agenda now consists of items 8, 10, and 11, if I have it down right. Is there anyone from the general public who wishes to be heard for or against items 8, 10, and ll? Let the record reflect that no one has stepped forward. We can proceed to a vote on items 8, 10, and 11, and I'll entertain a motion on those. Mr. Dawkins: So moved. Mr. Plummer: Wait a second (LAUGHTER) Mayor Suarez: Moved. Sorry, Vice -Mayor, did you have any other items you wanted to pull? Mr. Plummer: All I want to ask my colleague is, since he's not real happy with the Consent Agenda, has he got another idea? Mayor Suarez: For the next Commission meeting, I would like Commissioner Dawkins to sit down with the staff of the City 'Manager and work out the Consent Agenda. Mr. Plummer: Well, let me - Mr. Mayor, let me tell you something, and I've said this to the Manager. I can remember four or five years ago, prior to our CO, that's not commanding officer, that's Cesar Odio, we used to have a member 3 May 28, 1987 of the administration who would come around five days prior to the meeting and would sit down with the Commission and ask, do you have any areas of questions, do you have any areas of problems? And, many of times that - those matters were resolved. I'm sure that basically what Commissioner Dawkins has is questions that were not answered either through the agenda or the backup material. I would strongly recommend that the man - the administration consider going back to that, or at least trying it again - you know, Commissioners do have busy schedules, and sometimes they can't meet with the administration, and that does throw a monkey wrench. But, I think an honest effort to try maybe would answer a lot of questions and not take as much time here. Mr. Odio: Well, we have a meeting every Monday prior to the City Commission Meeting, in which your staff people come to I'm going to cancel those meetings and do what you say. Mr. Plummer: Well, Ok.. Mr. Odio: Because they have a review. Mr. Plummer: I'm not saying to cancel or not cancel. Mr. Odio: No, I mean, we have an agenda review each Monday prior to... Mr. Plummer: Well, but that's with staff, Ok.. Mr. Odio: Yes, so maybe we should cancel those and just do... Mr. Plummer: I would say to you that you should do both. Have the meetings with staff... Mr. Odio: With your staff? Mr. Plummer: ... and assign one staff person to go around to the Commissioners and ask if they have any further questions. Mayor Suarez: Particularly on the Consent Agenda. Mr. Plummer: Yes. Mayor Suarez: It might help to have a more complete Consent Agenda. Ok.. Mr. Plummer: I don't think we'll lose anything by trying, but maybe a little bit of time. Mr. Odio: Ok.. Mayor Suarez: Any further discussion on those items? Please call the roll on the Consent Agenda; those being items 8, 10, and 11. Thereupon, the City Commission on motion duly made by Commissioner Dawkins and seconded by Commissioner Plummer, adopted the hereinbelow resolutions by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy 4 May 28, 1987 11 17A 3.1 AUTHORIZE PURCHASE OF PARCEL 25-H WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA. RESOLUTION NO. 87-483 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE PARCEL OF LAND (PARCEL 25-H) LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY COMMISSION AND FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THIS PARCEL AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.2 DESIGNATE ALBERT RUDER AS MEMBER OF REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY RESOLUTION NO. 87-484 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DESIGNATION OF ALBERT RUDER, CITY OF MIAMI MANAGEMENT SERVICES ADMINISTRATOR, TO SERVE AS A MEMBER OF THE REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR THE UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY; FURTHER RATIFYING, APPROVING AND CONFIRMING ALL ACTIONS HERETOFORE TAKEN AND HEREAFTER TO BE TAKEN BY SAID ALBERT RUDER IN PERFORMANCE OF HIS DUTIES AS A MEMBER OF SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.3 ACCEPT PLAT: J & S OAKS RESOLUTION NO. 87-485 A RESOLUTION ACCEPTING THE PLAT ENTITLED J & S OAKS 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.) 4. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED AGREEMENT WITH SHEPHERD, LOBE, COSTA FOR PREPARATION OF CITY OF MIAMI MARKETING, PROMOTION AND INFORMATION PACKAGE (SEE LABEL #12) Mayor Suarez: You've been very eloquent this morning, counselor, and your item has been approved, apparently. Item one. Mr. Dawkins: Ok., item one. On page two, Mr. Manager. What are the eight selected neighborhoods, under two? Mr. Matthew Schwartz: Commissioner Dawkins, those are the eight community development... May 20, 19$7 Mr. Dawkins: Name them, pleasel Mr. Schwartz: Overtown, Model Cities, Allapattah, Edison Little River, Little Havana, Wynwood, Coconut Grove, Downtown. Mr. Dawkins: Ok.. Mayor Suarez: You said eight. Mr. Dawkins: All right, now you're going... Mr. Schwartz: It should be the eight CD target areas that are included. Mr. Dawkins: You're going to show me their characteristics, opportunities, recent development trends, maps, and other demographic and economic information, leading to what? Mr. Schwartz: The purpose of this is to encourage private investment in the neighborhoods of Miami. It's to attract... Mr. Dawkins: And what private investors are you going to get to invest in Liberty City? And, I mean, how is this money going to enhance the probability of someone coming to Liberty City? Mr. Schwartz: It is going to be done in conjunction with marketing the City of Miami as a place of business. When we attract someone to Miami, then we will sell them the attributes of certain neighborhoods. Liberty City has available vacant warehousing space that's available on 71st Street. Mr. Dawkins: What will he do that Model Cities has not - I mean, the Model Cities Program has not done, that you - your staff has not already done, that Downtown Development Authority has not already done... Mayor Suarez: And that... Mr. Dawkins: That the Little Havana Development Authority has not already done. What else - what is he going to do for $50,000 that these people have not done? Mayor Suarez: And, Matthew, and that this Commission and each one of us individually lobbying, talking to the private sector people who might build some projects in the area, whatever, has not done too. Mr. Schwartz: No. Mayor Suarez: You might as well add that, because there's a heck of a lot of time put into that... Mr. Schwartz: No, that, that... Mayor Suarez: ... and you wonder why we need to spend another $50,000 for that. Mr. Schwartz: The $50,000 is to produce the literature, the backup material to attract someone to Miami and to the neighborhoods... Mayor Suarez: Doe's that include the... Mr. Dawkins: All right. Mr. Schwartz: This has to be - this - th... Mayor Suarez: Does that include the printing? Mr. Dawkins: Go to the - go... Mr. Schwartz: This includes the printing which is about $30,000. Mr, Dawkins: Go to the paragraph before the last one, Ok.? Mr. Schwartz: Excuse me? I'm sorry. 6 May 28, 1987 Mr. Dawkins: Go to the paragraph before the last one on page two. It was also stated in the RFP that the departments of the community development - development and planning would provide all of the relevant - relevant information and data for the project. If we already got the project, what you going to pay somebody $50,000 to pull it together for? Mr. Schwartz: Ok.. Mr. Dawkins: Explain that to me. Mr. Schwartz: Ok.. The $50,000, about $30,000 of that is going into printing of these 5,000 City-wide brochures, the 2,500 neighborhood inserts. That's for the graphics, the layout; they're going to be writing the text for this. Mr. Dawkins: Ok., what were the qualifications for the selection committee you got here? What expertise did they bring to this selection committee that qualified them to be the ones to determine that this was the best group to do this? Ms. Dougherty: Not on those. I just - there was just a brand new Commission... Mr. Schwartz: Members of the committee that included departments that would be providing the information to prepare this document - representatives from the planning department, from the community development department, and from the department of development and the DDA. The DDA has experience in marketing... Mr. Dawkins: All right, I'll go back. What expertise did Juan Portuondo bring to this selection committee that would deal with marketing and sale of the City of Miami? Ok., what special expertise did John Blaisdale bring? Mr. Schwartz: I think... Mr. Dawkins: Fr... Mr. Schwartz: ... their background in private enterprise and business, and John Blaisdale and - before he came to the City, with real estate development. Mr. Dawkins: Ok., I'm not satisfied with that, but I'll accept that. All right, go to page four, Ok.? The phase II campaign proposal as described in RFP requires the firms to furnish the City, by January 21, with a description and layout of the marketing, promotion, and information package proposals within a proposed budget of $50,000 to accomplish the following objectives, Ok.? Number two of those objectives, promote the City of Miami, selected neighborhoods such as Allapattah, Coconut Grove, Little Havana, Model Cities. You don't say anything about Wynwood. You don't say anything about any the areas - and others. What does "and others" mean? Mr. Schwartz: It's the eight community development target areas and I believe, Commissioner.... Mr. Dawkins: Why are we going to spend $50,000 to sell Bayside? Mr. Schwartz: We're - we're not selling - the 450,000 is not being used to sell Bayside, the idea... Mr. Dawkins: Well you got it in here. Mr. Schwartz: As part of this, there's going to be five inserts - there's a marketing package generally on the City. Then there will be inserts prepared for the neighborhoods targeting for economic development activities and there will be five... Mr. Dawkins: Mr. Manager, why couldn't we use our own OPI staff to do this? Beg pardon? Mr. Odio: Well, I, I - we tried it at one time, Commissioner Dawkins. In fact, I wanted to do it with staff, and Matthew was very persuasive; he showed me the materials, and there is no way we can put out the quality of work that this company will do. 7 May 28, 1907 s Mr. Dawkins: Mr. Mayor, I'll be voting negative on this. I would like to hold this for a full Commission because I don't want to be the one to go against it if the rest of the Commissioners are for it, so hold, hold... Mayor Suarez: It's not going to pass - it's not going to pass right now, so you may... you may as well table it. Mr. Dawkins: Hold it for - hold it... Mr. Plummer: I want to ask a question. Mayor Suarez: It ain't going to pass. Mr. Plummer: I read this committee. Mr. Manager, it was my understanding, on all of these committees, that this Commission, through my urging, was going to put outside people in the private sector on these committees to get some, other than the municipal mentality, and yet, I don't see a single person from the outside on this committee unless you're trying to say that Roy Kenzie is outside, and many people contend that, as well as Roger Carlton. I just - you know I'm not condemning, in this particular case, I just think that we need the - when we can get it, the tremendous expertise of the outside people in the private sector who have a different thinking to be a member or to be a part of. I'm not saying to be the majority of the committee, but it's just my feeling that in the private sector of this community, you have some of the best businessmen in the world; you have some of the most successful people in the world, and if you can prevail upon those people to be a member of this committee, to give you some of that kind of thinking, I think it is tremendous for this City. Yet, I come again, and I find a committee composed of the selection committee composed of nothing but in-house people. Mr. Schwartz: Commissioner Plummer, it also included Renee Guim from the vice president of marketing of the Beacon Council. Mr. Plummer: I don't see that here. Mr. Schwartz: It's on the next page. The way it was typed. It's on page four. We did ask for other representatives. They did not show up at the meetings. Mr. Plummer: You're saying, on the next page there was... Mr. Schwartz: Yes, on page four, at the top, it says Renee Guim. Mr. Plummer: What is he? Vice president of marketing? Mr. Schwartz: ... of marketing for the Beacon Council. Mr. Plummer: But, you see that's not the private sector. The Beacon Council is one more governmental or quasi -governmental agency. Man, you have a wealth of private sector people who I feel could be most beneficial in - what is this, this is appealing to the private sector to come in and promote. Who knows better than they how the people of the business world think? I caution you again. Ok., go on because you want this thing deferred. 5. AUTHORIZE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC AND CIRCA/BARNESS/SAWYER FOR CONSTRUCTION OF PARCEL 55 OF OVERTOWN/PARK WEST Mayor Suarez: Item two. Mr. Dawkins: Item two and three. Why is it, Mr. Manager, that this money is being put in Miami Capital instead of in the housing development of our housing agency where the funds would revert back - the interest would revert back to the housing agency? Mayor Suarez: Why is this done through Miami Capital? other ones were not done in this fashion, or were they? It seems like the 8 May 28, 1907 Mr. Matthew Schwartz: Frank, do you want to answer? It has to do with the CD regulations. Mr. Dawkins: Beg your pardon? Mr. Schwartz: The community development block grant regulations. Mr. Frank Castaneda: Yes, there is a prohibition in the community development act in relation to using community development - for a municipality to use community development monies directly for the construction of housing. The only exception to the rule is to go through a non-profit entity, and in order to make it eligible - and an eligible activity we have to go through a non profit entity. Mr. Dawkins: And our housing agency is not non-profit? Mr. Castaneda: The housing agency is part of the City... Mr. Plummer: ... part of the City... Mr. Castaneda: ... and it's a department of the City of Miami. Mr. Dawkins: Is it non-profit? Mr. Castaneda: The City of Miami is not -profit, but it's an - it's a government. Mr. Plummer: It's non-profit, all right. Mayor Suarez: Is PTL non-profit, that's the big question? Mr. Plummer: Did you see that program last night? I couldn't believe it. I love to shop. Mayor Suarez: I'm sorry I... Mr. Dawkins: Well, what else can they go to? Mr. Plummer: I love to shop. I go to outlet stores. Mayor Suarez: I've never seen... I've never seen anything like that in my life. Mr. Plummer: So plastic. Mr. Castaneda: It - it has to go to a non-profit entity as a pass through for this activity. The reason that Miami Capital was recommended is that the... Mr. Castaneda: ... that is the only non profit that we fund to act as a banking institution. Mr. Plummer: Tammy and Jim Bakker were on Nightline for an hour and forty- five minutes last night. Mr. Dawkins: Beg pardon? Mr. Castaneda: This is - that is the only non-profit that we fund to act as a banking institution, and basically they will be acting as a bank in this activity. Mr. Dawkins: And the federal regs say, now you telling - I want to be sure I understand you because I'll be following up on this. You're telling me that the federal regulations say that the only people dealing with the City of Miami within Miami that can handle this money is Miami Capital. Mr. Castaneda: No, no, no, Commissioner. Mr. Dawkins: That's what - well - that's what you just said. Mr. Castaneda: No, Commissioner - no, no - no, no - no, no, no. Mr. Dawkins: Ok., well - Ok.. 9 May 28, 1987 Mr. Castaneda: Let me say - let me rephrase what I said. Mr. Dawkins: Ok.. Mr. Castaneda: I said that - that - that - that the federal regs have a prohibition for community development funds to be used by a municipality for the construction of housing. Mr. Dawkins: Ok.. Mr. Castaneda: The only exception to that prohibition is to go to - through a non-profit... Mr. Dawkins: Ah ha, stop right there. A-�3 Miami Capital is the only non profit agency, you're saying, that we can deal with? Mr. Castaneda: No, sir. Mr. Dawkins: Oh well, all right, why didn't we deal with one another one? Mr. Castaneda: No, the, the, the reason that the Miami Capital was recommended was that Miami Capital is the only non-profit that the City funds that acts as a banking institution. All of the other non profits do not act as banks, Miami Capital is the only entity that has that role. But - but - but any non-profit can be selected, you know, to do that. Mr. Dawkins: Ok.. Do you think you can find one by this afternoon? Mr. Schwartz: We would have to provide - the City would have to provide them with technical assistance to set up... Mr. Dawkins: I wouldn't give a damn if you had to create itl I mean, I get tired of you people telling me when I get ready to help the - the underprivileged, and the poor, and the Black, and the Latins who ain't got nothing, that you all got to do something... that's what you're here fort Mr. Schwartz: We could - we could have one by this afternoon. We could have - we could designate one now, we... Mr. Dawkins: I mean, you all just keep recycling the same things, and the other people come down here and we have - and look at them, and then you tell me they can't - they can't do it. Why can't you do it? Mr. Schwartz: What we were saying is that they have the mechanism to do it. Other non -profits could do it, they do not - they're not set up to do it, they do not have the people. Mr. Dawkins: Well do - do we, Mr. Manager, do you have anybody on your staff who you can oversee to do it? Mr. Schwartz: But, this could... Mr. Odio: Yes, I'll... Mr. Dawkins: All right. Mr. Odio: ...get somebody from Miami Capital to help us. Mr. Dawkins: Beg pardon? Mr. Odio: Yes, sir. Mr. Dawkins: That's all. Mr. Plummer: Well, let me - Miller, what is it - why is it - does the... Mr. Dawkins: I'm just tired of Miami Capital being the entity that's the only one that handles money, and we need some other agency that can assist. We don't need just - Miami Capital is just like the BAC. You set up the - the business assessment center in the Black community. When it's turn - when it turned down an individual, it's turned down by thirteen banks. Because 10 May 28, 1967 thirteen banks fund the BAC. Now, everytime - now I look you're beginning to make the same thing out of Miami Capital. If somebody wants something in the City of Miami, they got to go to Miami Capital. No! Let's go to Miami Capital, if Miami Capital turned them down, let's have another agency. That's all. Mr. Plummer: Is there - is there... Mr. Dawkins: Ok., I'll tell you what, hold it. Here's another one, hold it til - for a full Commission. Because I may be the only one that feels like this. Hold two for full Commission. Mayor Suarez: Item... Mr. Plummer: Well, let me ask... let me ask this question. Is there a profit to be made off of this? Mr. Dawkins: Yes. Mr. Herbert Bailey: No. Mr. Dawkins: The interest they pay goes where? The interest they pay is not - profit? Mr. Castaneda: No, no. There will be no interest paid. This loan will be at one percent, and Miami Capital... Mr. Dawkins: Well, what is one percent if it's not interest? Mr. Castaneda: ...for processing will collect one percent. Mr. Dawkins: Well, one percent is not interest? Mr. Castaneda: No, no - that's one percent but, but... Mr. Dawkins: One percent of $7.5 million dollars is how much? Mr. Castaneda: Seventy-five thousand dollars. Mr. Dawkins: That's not interest? Mr. Castaneda: Yes - no, no, there's a fee, I'm saying, but... Mr. Plummer: That's an administrative fee. Mr. Castaneda: It's an administrative fee of one percent. Mr. Plummer: Well, Ok., I guess... Mr. Dawkins: We already pay them administrative. Mr. Plummer: Well, wait a minute now, the... Mr. Dawkins: Miami Capital already gets administrative money, J.L. Mr. Plummer: No, not on any individual application. Miller, the only question I'm asking is, I understand his concern about having more than one agency, you know, about the only game in town. That sometimes becomes very, I very bad. Now, the question is, can we best serve the public on another non - prof it, would they do it for the one percent, or could they do it if they don't have the mechanism in order. Is it not - is the potential of a non- profit who does not have the expertise, who has to set up the expertise, to not up the processing, going to be more expensive which leaves less money for the building. That's my only question. Mayor Suarez: Well, in, one other question related to the one percent, as long as we asked that, there's nothing that says that they have to spend that one percent for administration, is there? I wouldn't expect Miami Capital to have to add any personnel or any expenses to be able to - I mean, that one percent should be able to be available for building too, shouldn't it? If it were a vehicle like Miami Capital, I mean, I don't... 11 May 200 1907 R:< Mr. Castaneda: There was a one percent fee that was to be collected by Miami Capital for this activity. Obviously, we - we approved their administrative budget and so forth so, you know. Mayor Suarez: That one percent goes right into the general revenues. Mr. Castaneda: But they - but there might be some actual, you know, real costs associated with this activity. Mayor Suarez: Such as? Mr. Plummer: Well, the - I guess the question that has to be asked, is there $75,000 worth of business or - or - or - $75,000 worth of problems created that have to be addressed. Mr. Castaneda: Le - le - let me just add something. Mr. Odio: What we can do is deduct that amount from their budget - administrative budget. Mayor Suarez: Yes, I mean, when we have to approve their budget, we can always say, well, you got $75,000, for this particular... Mr. Castaneda: Yes. Mr. Odio: So, that comes out of here. Mr. Castaneda: Le - le - le - let me just say that in the f irst year there will be no $75,000 because the money will be given out in draws. So the amount of money will be very limited in the first year. Mr. Plummer: But what is the actual cost factor for them to process this kind of a loan? Mayor Suarez: It could be - it could be none. Mr. Plummer: Or it could be fifty - I mean, you know, I asked... Mayor Suarez: I - I don't... Mr. Plummer: ... the question if there was any problem. Mayor Suarez: Pablo, why don't you come up and answer that, I'm curious about this. I don't really think you have to hire somebody to handle this kind of a transaction. This transaction has been rather examined, discussed, approved, carefully considered by this Commission and staff. I mean, you wouldn't have to... Mr. Castaneda: Yes, we can negoti... Mayor Suarez: ... hire anybody new or incur any particular costs... Mr. Castaneda: We can... Mayor Suarez: ...to handle this, would you? Mr. Castaneda: We can negotiate that, but... Mayor Suarez: But, we're doing it right now, let me, let me just do it... Mr. Castaneda: Right, but - no - but, wait a second, let we... Mr. Dawkins: You should have negotiated before you got here. Let us talk now. Mayor Suarez: Let me ask you, Pablo. Mr. Pablo Perez -Cisneros: Pablo Perez -Cisneros, Miami Capital. Mayor Suarez: If you've got this - to handle this particular transaction, would you have to add any staff or incur any particular costs in relation to it? 12 May 2$0 1907 Mr. Perez -Cisneros: I will have to determine what is involved, really, there may be some legal fees involved. Mayor Suarez: Well, you've got half a minute to determine. Legal fees? Mr. Dawkins: See, now here they are, Mr. Mayor. Hcre they are to discuss something, they don't even know what they're discussing. He has to go back and go in a corner and discuss it. Mayor Suarez: Legal... Mr. Dawkins. ..... talking about... Mayor Suarez: Legal fees? How about using the City's legal staff? The City's legal department? Mr. Perez -Cisneros: I'd love to have it. Mayor Suarez: Madam City Attorney, is there any reason we woul have to go to outside counsel on putting together - this is... this is for Overtown/Park West, right? This is a project that's been on the drawing books for seven, eight, ten years. We're talking about spending - legal fees, what, to look over the agreements? The same kinds of agreements that you did for Bayside; very sophisticated agreements that you put in many hours examining. Mr. Perez -Cisneros: I have - I have no problem of doing this job... I have no... Mayor Suarez: And you used a judge to help you on a pro bono basis, you couldn't... Mr. Perez -Cisneros: I have no problem with doing the job, the only thing is I like to know exactly what it entails - what it brings with it. If I have to add a staff to manage the thing, that's going to cost me money. Mr. Dawkins: Mr. Manager, how could your staff bring something to us, on the Consent Agenda, for us to Ok. and don't nobody know what they're doing? Mr. Perez -Cisneros: This item was not discussed with me previously, sir. Mr. Dawkins: Thank you, sir. All right, why didn't you all discuss it with him previously? Mr. Castaneda: We had... Mr. Dawkins: Before - before you put it on the agenda. He may not even want to do it. Mr. Schwartz: Ok.. When we started this project over a year ago, we did discuss with Miami Capital and they requested a one percent fee, that they believe that that would cover... Mr. Dawkins: And you... Mr. Schwartz: ... their cost, legal fees, and administrative cost to handle this loan. Mr. Dawkins: But, since that time... Mayor Suarez: Was that two years ago or one year ago? Mr. Dawkins: Hold it. Mr. Schwartz: About a year ago. Mr. Dawkinss Since that time, the administration of the.... i Mayor Suarez: ------ t Mr. Dawkins: ... Miami Capital has changed, right? A 13 May b$, 1987 Mayor Suarez: Right. Mr. Dawkins: And you guys didn't think that you should go back with the present administration and sit down and work something out with it? You see, Mr. Bailey and Mr. Manager, I keep telling you over and over, you're paying people $80,000 a year to come up here and embarrass you and me, Ok.? I mean, this is uncall - this is uncalled for. Mr. Plummer: Well, let me ask one more question on this about my - this item and then I'll shut up. Mr. Herb Bailey: I want to respond to that. Because somethings not said right here. Mr. Plummer: If you want to respond directly to that question, go ahead. Mr. Bailey: No, to the entire process. Mr. Plummer: Well, my question has to be, it would seem reasonable, where we're dealing with government to government, Mr. Manager, that there should not be a set fee, but that we should be responsible for any cost incurred - not to exceed the one percent, I think, would be very, very reasonable. That there are, I think, going to be some costs incurred and whatever they are, they would bill for that. But to say that it's a flat fee, I concur with Dawkins that they've got people on staff already. That they are entitled to stay afloat and any cost incurred, especially government to government, should, in fact, be on a reimbursement basis, that's my feeling on that. Mr. Dawkins: Before you get started, Mr. Bailey, when was the last time you seen these documents? Mr. Bailey: Commissioner... Mr. Dawkins: When did the last - no, no, no, no, wait now - I'm going to let you talk, but I'd like to get some information from you; sir. Mr. Bailey: Commissioner, I signed the ... Mr. Dawkins: When was the last time you saw these? Mr. Bailey: Before they went on the agenda, I had to sign them, and I initialed each one of them in the corner. I'm fully aware of everything that's there, and I would like to respond to some of the concerns and try to get a better light on what's happening. Ah... Mr. Dawkins: You are aware of everything that happened here. Mr. Bailey: Every item that comes from my department... Mr. Dawkins: So everything went wrong then, we hold you and not the Manager responsible for. Mr. Bailey: I'm not at all certain that there's something that has gone wrong. Mr. Odio: No, no. No, no. I am responsible. Mr. Dawkins: No, no, no, no, no, not that. But - I'm saying so - no, no, no - wait, Mr. Manager, no, wait a minute. Ok., go ahead. Mr. Bailey: Commissioner, we began working on this particular process over a year ago, maybe just a little bit before Pablo came on and at that time, we came before this Commission asking for the authority to carry out this CD float process for this project. What we're doing with Miami Capital, two things; first of all, it's not unusual that we're doing this because everything that we do that goes beyond this City Commission out to someone also that has to go through a non-profit, goes through Miami Capital. And we always pay them a fee. They always charge us one. Now, whether that's right or wrong, that has been the process. There are any other non -profits that I know of, that can withstand the bonding capaCity to handle this kind of public finance - public funding for which we control, absolutely, through this Commission and through the Manager, that we would have enough confidence 14 May 20, 1987 through to put seven million dollars into. They are only acting as a pass through. It's a requirement through HUD that we have a non-profit. I can't think of any of the eleven that we have, that we are funding, that would have anywhere near the capaCity to even give us the confidence that they would handle this process accurately. Now, if its a matter of... Mr. Dawkins: Wait a minute, now hold it right there. Miami Capital has bonding capacity for eight million dollars? Mr. Bailey: They don't get eight million at one time... Mr. Dawkins: Wait... Mr. Bailey: ... their bonding capaCity is up to half a million per shot. Mr. Dawkins: Are they - do. I'll ask the question again, sir. Does Miami Capital have bonding capacity for eight million dollars? Mr. Bailey: Yes. Mr. Dawkins: Ok.. Then, go ahead. Mr. Bailey: Ok.. Ah, so... Mayor Suarez: You're not contradicting the possibility here that the $75,000 might not be needed by Miami? Mr. Bailey: No, I'm not. I'm not saying that, that is something that they need, I'm just saying that that is something that has always been the case, whenever this administration or this Commission deals with Miami Capital, to carry the process for the City of Miami, they charge us. This is not unusual. Now, I'm not agreeing or disagreeing with that. Mayor Suarez: Except that - except when you say, always, I mean except that for the last couple of years there haven't been any transactions like this given over to them. Mr. Bailey: Yes, there has too. They have charged us. And they... Mayor Suarez: Except - except for Bayside and I don't remember any particular fee being attached to that money. Mr. Bailey: Well, no. No, they have always charged us a fee. Now, that's a matter that we need to address in terms of whether or not... Mayor Suarez: But, but, but Herb, when you say they have always, I, you know, I've sat here for a year and a half; I don't remember ever agreeing to pay them a particular fee to handle a particular transaction. In fact, even in the case of Bayside, we didn't. So, we may be able to resolve this, if they agree to do this without having to charge any particular fee. Their particular budget will be approved by this Commission, anyhow. Mr. Bailey: I would agree with that, Commissioner, I'm not opposing that. I don't think that any entity that is getting an administrative budget from us to carry out a process which we have determined is necessary, to charge us for it when we are - if we are funding that administrative cost. Mayor Suarez: Thank you. We... Mr. Bailey: And I've always gone on record to say that. But, in an effort to expedite this CD float which will finalize the financing of one of our major developers, whether or not I desire to have Miami Capital or not at the moment, it is the only game in town for which we have control over to manage that kind of funds for us. Mr. Dawkins: Ok.. Mr. Manager - Ok., I'll tell you what. I move two reluctantly, but we have not built one house no where, no place, and I campaigned on building houses, and I would like to see some houses started so I move to... Mayor Suarez: Thank you, Commissioner. t.: 15 May 280 1987 Mr. Plummer: I will second two under the premise that it be accepted that a fee be charged not to exceed one percent, but that a cost factor be given to us to be justified, and that is what we pay, whatever that fee is, under the seventy-five as justified and approved by the Manager. I so second. Mayor Suarez: Seconded. I mean, yes, seconded. I understand that to mean that we want a breakdown in case that there are any expenses from this. Mr. Plummer: No, no, no, no. They're going to have to give us a bill with a breakdown... Mayor Suarez: That's it, we won't... Mr. Plummer: ... and that we will review, and if the Manager approves, then it will be paid. Mayor Suarez: And we - they will approve the fig - in the meantime, it has to be held at $75,000 has to be held without be - Mr. Plummer: Not to exceed. Mayor Suarez: ...not to be used in the meantime, is what you're saying, right? Mr. Plummer: Exactly. Mayor Suarez: Ok.. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-486 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY, MIAMI CAPITAL DEVELOPMENT, INC., AND CIRCA/BARNESS/SAWYER (CIRCA), A JOINT VENTURE, * FOR THE PROVISION OF UP TO $7.5 MILLION IN COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT FUNDS (CDBG FLOAT) ON AN INTERIM BASIS FOR THE CONSTRUCTION OF A MIXED USE DEVELOPMENT ON PARCEL 55 OF PHASE I OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. (*)ODESSA OF FLORIDA INC. IS THE SUCCESSOR CORPORATION. (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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy CONTINUED DISCUSSION AFTER ROLL CALL: Mr. Dawkins: On item three. Mayor Suarez: Seriously... Mr. Dawkins: Go ahead. Mayor Suarez: ... Mr. Executive Director, I really think that to the extent extent possible, we ought to avoid legal fees. You know, we're paying marketing fees. Commissioner raised the objection on item one, and I think he In one... lb May 28, 1987 9 0 Mr. Odio: He doesn't need any legal fees, Mr. Mayor. I mean - I'm not in that business, but he doesn't need... Mayor Suarez: ...one hundred percent right and I - remember I offered Steele, Hector, & Davis to help out on a pro bono basis, and let's get some law firms to help us out when the City Attorney is swamped over there, and apparently she is swamped, but... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, well, Steele, Hector & Davis offered me pro bono. I called John Smith, if they want to back up - back off on it now. Item three. 6.A INDIAN RIVER INVESTMENTS MUST BREAK GROUND ON PARCEL 46 OF PHASE I OF OVERTOWN/PARK WEST BY JULY 20, 1987 OR ITS $7.5 MILLION GRANT WILL BE CANCELLED 6.B AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT AND INDIAN RIVER INVESTMENTS FOR CONSTRUCTION OF HOUSING ON PARCEL 46 OF PHASE I OF OVERTOWN/PARK WEST Mr. Dawkins: Item three. Mr. Schwartz. Is this the project that they are talking about building in segments? Mr. Schwartz: It is a condo project, and the only way they can get financing in Dade County for a condo project is to build it in segments. They will be building it in twelve unit segments now. Originally, they proposed to build nine unit segments, now their new design is twelve units. Mr. Dawkins: Twelve. Mr. Schwartz: And they will be turning, as they sell them - sell a certain number, they will then be... NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 9:53 a.m. Mr. Dawkins: What bonding agent - what bonding or what guarantee are they putting up in the event that they build nine units or twelve units and they do not sell, and we're stuck with the land, what? Mr. Schwartz: There is a $100,000 bond. Mr. Dawkins: And the $100,000 bond will build how many more condos in that area? Just like I got stuck with - with this island - what's this island over here? Unidentified Speaker: Claughton. Mr. Schwartz: Claughton. Mr. Dawkins: Claughton - Claughton Island. You see, you guys go out and you do these things. See, I still do not have 200 units of low rent housing on Claughton Island. Ok.? Now you're going to come and tell me that these guys are going to build - what's the price of these units? Mr. Schwartz: These condo units will range in price from $45,000 to $75,000. They will be applying for a Dade County surtax funding to... Mr. Dawkins: Which is dried up, go ahead. Mr. Schwartz: No, not for home ownership housing. That's still available. There's still... Mr. Dawkins: And somebody's going to pay $75,000 to live next door to the Rapid Transit and the People/Mover, rather than pay $75,000 in Kendall. Mr. Schwartz: The developer is investing... 17 M*y $$, 1987 Mr. Dawkins: No, no, no, no, I'm not interested in the developer. You see, the developer - people don't vote for the developer, they vote for me, Ok.? When the developer puts the white elephant up and leave, I've got to explain it to the public why 1 sat here and voted for it, Ok.? Mr. Schwartz: I believe seven - five or seven of the units already have been sold, Mr. Weitzel - Mr. Weitzel. Mr. Dawkins: Beg your pardon? Say what now? Mr. Schwartz: Five or seven? Five of the units already have been sold - presold. Mr. Dawkins: Five of what? Five of what? Mr. Schwartz: Five... Mr. Dawkins: ... of the twelve. Mr. Schwartz: ... of the twelve. It's a 152 unit project. And this is the same way that condo projects are now being built in Kendall and other places in Dade County. Mr. Plummer: Question. If he's going to build it in twelve unit segments, is there a time frame or limit in which he will start segment two and three? Mayor Suarez: Very good question. Mr. Plummer: In other words, what - are we going to go possibly, is it - is there wording in his contract that once you start project one, that you must start project two within 90-days or 100 days? Mr. Dawkins: Thank you, J.L. Mr. Schwartz: There - there is a time limit on the development. I believe it's two years? It's twenty-four months. Mr. Plummer: For the entire 152 units? Mr. Schwartz: For the 80 units. For 80 units, then there's the tower - the last phase of the project is a tower. Mayor Suarez: What is the commitment right now? How many units altogether? Just the twelve? Mr. Schwartz: The commitment is - by the developer, when he was selected, was for 152 units. Mayor Suarez: Oh, I understand that, but how many... Mr. Schwartz: The financial commitment that they have now is for the twelve units, to start construction. Mayor Suarez: Well, it's a start, I guess. Mr. Dawkins: And the $500,000 float is on twelve units. Is that right? Mr. Schwartz: Right, which will be revolving... Mr. Dawkins: So what has he got to put up? Now, what is the total cost of the twelve units? Mr. Schwartz: The twelve units? It's the max - it's up to twelve units. Mr. Dawkins: You see, you see, you're bringing a guy in here, you're giving t hits the land, you're giving him half a million dollars, and he's going to put up twelve units. Mr. Herb Bailey: Commissioner, can I try to further explain thin? First, let me preface it by the difficulty we're having getting any local institution to finance "for sale units" in that area. The reason for twelve units is that that's the maximum amount that any bank will finance for sale without a pre- 18 May 280 1987 sale commitment. Every developer, whether they build in Dade County or City of Miami, that builds something other than a spec unit, has to have a pre -sale type of development before they can build balance of them. The $500,000 is not for the permanent financing, that's for the construction financing. That is to be taken out as soon as the houses are sold. We cannot get financing for speculation building. They originally only gave us nine. Mayor Suarez: Herb, let me put the question this way. And I don't mean to demean what they are trying to do. God help them in the sense of I hope it get's done and everything else and I know the efforts that have gone into all of this, but what is at risk right now for the first twelve units, from the viewpoint of the developer? Mr. Bailey: What is at risk? Mayor Suarez: Yes. Mr. Bailey: All of his capital. Tha - that - the five hundred... Mayor Suarez: Well, the Commissioner has said, you know, the land is available and a favorable lease. The - you've got a five hundred thousand dollar float guaranteeing the construction of... Mr. Dawkins: You got surtax money. Mr. Bailey: Yes, but - no, but he's also guaranteeing the float. Mayor Suarez: And then, later on, right, when they - when they get ready to sell, there will be surtax money. I'm sure there will be looking for - what is - what are they risking right now other than their time? Mr. Bailey: They're risking the $500,000 that we're advancing is that risk to the developer. They have put up a letter of credit to guarantee that. If there's some default, and I'll let the developer tell you, if there's some default, the developer has to pay $500,000 and that's... Mayor Suarez: Oh wait, how does it work? What you're saying is, suppose something went wrong and the units couldn't be sold, they would have to pay us back the $500,000. Mr. Bailey: Oh, that's absolutely, that's guaranteed up front. Mayor Suarez: Now - Ok., that's going to be my next question. Who is "they"? Is it "they" individ... Mr. Bailey: That's guaranteed up front. A letter of credit. I'll let "they" talk to you for a moment. Mayor Suarez: No, no, no. No, I just want to ask you the question, Herb. Because I know I'm going to get a lot of "hocus pocus" back, because they - that's their business; to make sure that they - they try to get us to approve whatever it is they're doing. Is anyone signing individually on any of this, or is it an entity? Mr. Bailey: Oh yes, absolutely, personal guarantees on the letter of credit. The bank would not give them a letter of credit. Mayor Suarez: And we've got a financial statement from the entity in question? Mr. Bailey: All of that has been taken care of. Mayor Suarez: And their assets pledged against the $500,000? Mr. Bailey: Absolutely. Absolutely. Mayor Suarez: And it's an entity that you've looked at the financial statement and they - they're good for $500,000? Mr. Bailey: Oh yes, the bank give them a letter of credit. The bank which said the bank was - the bank is... 19 May 280 1987 Mayor Suarez: I just want to make sure the letter of credit is not premised on our credit - on our $500,000. Mr. Bailey: Yes... No, no, no, no. The bank is essentially saying, if for some reason or other the City has to call this $500,000, we would pay you. And the - and the developer has pledged their assets and their credibility and credit revenues to support that. Mayor Suarez: It just seems like so many different pledges back and forth just to get a $500,000, I, I... Mr. Bailey: You know, Mr. Mayor, you said the word "hocus pocus," you can't imagine the "hocus pocus" that had to go into try to get this even to where it is. Mayor Suarez: I know. Mr. Bailey: I mean, if you - if, if... Mayor Suarez: It's like magic. Mr. Bailey: ... you know, I could take you two days of going through all of the - getting on the knees and the begging to get our good local banking institutions who have so much desire to help Miami... Mayor Suarez: Yes. Mr. Bailey: ...to get this far. Mayor Suarez: I'm fully aware. Mr. Bailey: And it's "hocus pocus," that's what we have to do. Mayor Suarez: Yes. We have to use the - wave the magic wand and convince them that there's almost no risk to the bank. Well, there is no risk to the bank, really, in this case. Mr. Plummer: Once again, are we talking about 82 condo units and the tower to be totally completed and open in two years? Mr. Bailey: That depends on the pre -sale commitments, Commissioner. And I can't say to you... Mr. Plummer: What is the maximum? Mr. Bailey: The maximum build out? Mr. Plummer: Time. Mr. Bailey: That's determined by the market, sir. Mr. Plummer: Are you telling me that possibly... Mr. Bailey: We will hope that it's built out in two years. We hope it's built out in one year. We - we would hope... Mr. Plummer: Herb, Herb, I'm not worried about that. Are we saying that it's conceivable that, in ten years if they only sell twelve units, that's all that will be built? Mr. Bailey: Oh no, no, no. We're saying it's conceivable to have all of them built out in twenty-four months. What's that? Mr. Plummer: Is there - excuse me - is there any stipulated time frame in the contract that they must perform where they just don't go infinitum? Tell me, what is their total in that contract. Mayor Suarez: He told us two years. Mr. Plummer: What - no, he's saying it depends on the market. And what is the total time that they have to complete that which they are committed to do? 20 way 280 1907 Mr. Bailey: Commissioner, that's very flexible for this Commission. Now, let me explain to you where we are. We only transferred to them half of the block. Mr. Plummer: That's fine. Mr. Bailey: Ok., Ok.. Now, when you're doing For Sale units, as you know as well as I do, the condition of how fast you build is based on how fast you got commitments to buy. And that's what makes it very difficult to do For Sale units in the first phase. That's why the other developers went to rental units, because you can get financing to build all the rental units at one time. Mr. Plummer: But Herb, it seems logical to me, and I'm not going to say that two years is the "Amen" day, but there's got to be a point in that contract that says, you're not going to be able to do it, City has the right to revert back the property - or revert back whatever. Now, you're telling me that there is no "Amen" day. Mr. Odio: We have that right here. Mr. Bailey: Yes - that's in the disposition agreement. You want to explain it to him? Mr. Plummer: Well - I asked you, you said it depends on the market. He's saying yes. Now... Mr. Bailey: Well, see now, each stage of the process, Commissioner, we have the right or the Commission has the right to request us to review any developer that we think or the Commission thinks, is not proceeding in a timely fashion. Mr. Plummer: Review is one thing. Mr. Bailey: You have the right to cancel. That's in the development disposition agreement. Mr. Plummer: We can cancel at any time? Mr. Bailey: Yes, at - you can cancel. Mayor Suarez: And award it to another developer. Mr. Bailey: Yes, absolutely. Mr. Plummer: Without liability. Mr. Bailey: Absolutely. Mr. Plummer: Without liability. Mr. Bailey: Without liability. That's in all of the developers agreements. We have that right. Mr. Plummer: So, in other words, then, it's up to this Commission to make a determination, it is not contractual that they have to finish the completed project in total within three years, or four years or any of that. Mr. Bailey: It is not specified contractually that you got to finish in one year, two years, or three years. You did give us specific requirements that they must start within one year after the signing of the disposition agreement. That's where we're working now. But, it is much more difficult on the For Sale units than it is for the rental units because we can put up the For Rental units right away. But the For Sale units which we need to have home ownership in that area takes a different process. Mr. Plummer: Look, all I'm trying to say is, that if for whatever reason, it is not a go project, that this doesn't run on infinitum without some way of this City saying... Mr. Bailey: You have the right to... 21 May 28, 1987 s 1] A Mr. Plummer: ...I'm sorry, let's try someone else. Mr. Bailey: You have the right to cancel. Mr. Plummer: At any time? Mr. Bailey: At any time. Mr. Plummer: Ok.. Mayor Suarez: And it's a very important question as to this particular developer, it's the only one that is lowering their risk by going in small, very small bits and pieces. You have to admit that, Herb, I mean, I... Mr. Bailey: He's not lowering his risk, he's taking a large risk because we're taking the approach that we originally set out to have - home ownership. The problem with that, nobody will finance a speculation development. Mayor Suarez: This is the only one of the four that is look=ag to home ownership? Mr. Bailey: No, these... Mayor Suarez: ... of the four big fish, as I call them. Mr. Bailey: In the beginning - in the beginning - four of the big fish. In the beginning, that's the only one... Mayor Suarez: Well, at least I'm saying they're big, you know. Mr. Bailey: Yes, but the other developers subsequently, after the rental market begins to move, that we will then have enough critical mass of people living there to start home ownership. Mayor Suarez: I understand that, but as of now, the other three are going rental. Mr. Bailey: Into rentals, yes. Mayor Suarez: Ok.. Any further discussion? Do we have a motion and a second? Mr. Plummer: When are we going to have groundbreaking for the first one? Mr. Bailey: We've all got our fingers crossed. I've been told July, July 22nd. Hopefully, Circa/Barness, I understand, after this action today, and we've satisfy two more of the conditions with the co-insurer, have indicated they will absolutely be able to break ground on July 22nd. And they are here if you would like to hear from them. Mr. Dawkins: He told me the 20th. Now, how do you get to the 22nd, Mr. Bailey? Mr. Bailey: Well, that's my words. Mr. Dawkins: No, no, no, no, no. Mayor Suarez: You give an extra two days. Mr. Bailey: I mean, two days. Mr. Dawkins: How you told me - what did you tell me Mr.... Mayor Suarez: We're going to hold you to the 20th here. Mr. Plummer: They got a... Mr. Dawkins: Beg your pardon? Mr. Baileys He said 20? Mr. Mawr: They got a reprieve. 22 May 20, 19$7 s Mr. Dawkins: Huh? Mr. Bailey: That - 20th his date, 22nd is mine - we're a couple of days off, I haven't talked with him in a month or two. Mr. Dawkins: Well, I will hold this up - I mean bring it back. I will not pass it until we get the two days ironed out. That's all, ain't no problem. I mean, see, I'll play games. Mayor Suarez: No, seriously, we've been postponing and postponing, when is the groundbreaking on Circa/Barness? Mr. Bailey: Well, why don't you have the developer make his commitment on record? I'm talking as a technician with the administration. Mr. Dawkins: The - all right. Mayor Suarez: Herb, Herb, let's... Mr. Dawkins: Come on up, Mr. Smith. Mr. Bailey: Yes. Mayor Suarez: Let's get the date. It's something to grab on to for us. Mr. Dawkins: Ok.. Mr. Bill Wilson: Bill Wilson, Circa Development Company. We didn't add two more days walking across the hallway. We are geared for the 20th. Mr. Plummer: Welcome home. NOTE FOR THE RECORD: Commissioner Kennedy entered the meeting at 9:53 a.m. Mr. Wilson: There are legal issues, and I can't speak for all the lawyers with Dade County, and surtax and the rest but... Mr. Plummer: Your eyes are the same color as the wine you drank. Mr. Wilson: ... the pieces are in place, the financing is place with this, and we are geared from the architectural and construction end for July 20th. Mayor Suarez: That's all right. What you were doing and how late. Mr. Dawkins: And so - so I gave you a grace from July the 15th to the 20th, right? Mr. Plummer: Two thirty in the morning. That's even worse. I mean, that's the best you could do? Mr. Wilson: Yes, sir. Mr. Dawkins: And so - you will - we will be breaking ground on the 20th, is that right? Mr. Wilson: All things being equal, we will break ground on the 20th. Mr. Dawkins: Ok., if you do not - I'll make - Mr. Plummer. Mr. Plummer: Sir. Mr. Dawkins: I make a motion that if they do not break ground on the 20th, the 7.5 float grant is canceled. I mean... no sense in - no sense in - I mean, ain't going to play no games. Mr. Wilson: Right. Mr. Plummer: Second the motion. Kr. Dawkins: All right, I make a motion that if... 23 Key 20, 1987 s Mr. Wilson: Thank you. Mr. Dawkins: ... you do not break ground... Mr. Plummer: Item three. Mr. Dawkins: ... on the 20th, then - that the float - the $7.5 million dollar float grant is canceled. Mr. Plummer: Out of 12 or 13 items on the agenda, he pulled nine. Mayor Suarez: Moved and second. Mr. Wilson: Any discussion on that... Mr. Plummer: Sure. Mr. Wilson: before the move? Again, I would like to say, from our end of the equation, as far as initiating the project, getting the architectural, getting our contractor in line, getting the financing in line, we have done that. Mr. Plummer: Ok.. Mr. Wilson: I can't speak for the lawyers of Dade County for the bonds. I can't speak for the lawyers for the surtax. And I don't want to be held, you know, for that. Mr. Dawkins: Ok.. Mr. Wilson: And that's why I say, all things but, from our end, the piece... Mayor Suarez: You may have a problem with the building permit too; getting it in time, huh? Mr. Plummer: Well... Mr. Wilson: We are moving on that. We have... Mayor Suarez: You are moving on that? Mr. Dawkins: You know, you see the only problem I got - it's not you, Mr. Wilson, Ok.? Mr. Wilson: Yes. Mr. Dawkins: It's my administration, you see. I've been going through this with them for I don't know how long and every time - first we were going to break ground in April, then we were going to break ground in May, then we were going to break ground in July. And every time, it's the federal government, it's somebody who is holding us up. Mr. Bailey: Commissioner, that is the nature of this project. We do not control all of the elements. We do not control all of the decisions that have to be made when you're financing a kind of project like this. You could get held up in the permit. They're the only one that I know yet that has already filed for a class C permit with the City, and I understand that we will soon have it. Any number of things can happen. Mr. Plummer: Herb, you got two meetings... Mr. Bailey: That we don't control. Mr. Plummer: You've got two meetings in June. I feel relatively certain if you come back before this Commission at either one of those meetings, and stipulate that the problem is the surtax board, and you can't get them to move, that this Commission would consider a reprieve. Mr. Bailey: Oh, we'll do that. We always do. When we have a problem, we cone back and let you know. Mr. Plummer: So then, leave it as the motion stands. It's called.,. 24 May 28, 1907 Mr. Bailey: Fine. Mayor Suarez: We got to put - we've got to impose some kind of deadline. We, you know, at least we - we've been known to remove it - remove it right prior to the deadline arriving, but it's the only way we can function, Herb. Mr. Bailey: You impose a deadline, it's all right and we can deal with that, as long as we have the right to come back to explain our position. Mayor Suarez: Oh, absolutely. Mr. Bailey: I mean this is an awful lot... Mayor Suarez: It's the story of our lives. Mr. Bailey: ... invested out there. Yes, all right. Mayor Suarez: We always reconsider deadlines. Bill. Mr. Plummer: It's not mine, it's yours. Do you want it out of the way? Ms. Kennedy: No, I don't want it. Mr. Plummer: It's your garbage can. Mayor Suarez: Ok., we have a motion and a second on that particular resolution. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-487 A MOTION OF THE MIAMI CITY COMMISSION STATING THAT IF INDIAN RIVER INVESTMENTS, INC. DOES NOT COMMENCE GROUND BREAKING ON PARCEL 46 OF PHASE I OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT BY JULY 20, 1987, ITS $7.5 MILLION C.D.B.G. FLOAT GRANT WILL BE CANCELLED. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, about the item itself. Do we have a motion and a second, Madam City Clerk? I don't believe we do. Mr. Plummer: I'll move it. Ms. Kennedy: I'll second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. • 25 May 28, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-488 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY, MIAMI CAPITAL DEVELOPMENT, INC., AND INDIAN RIVER INVESTMENTS, A FLORIDA CORPORATION, FOR THE PROVISION OF UP TO $500,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT FUNDS (CDBG) ON AN INTERIM BASIS FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT ON PARCEL 46 OF PHASE I OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. AUTHORIZE ALCOHOL PERMIT FOR "MIRACLE LUNCH BRUNCH" CONDUCTED BY BUILDING OWNERS AND MANAGERS ASSOCIATION OF GREATER MIAMI Mr. Carollo: I need to bring up... Mayor Suarez: Commissioner. Mr. Carollo: ... a brief pocket item for Miami Childrens Hospital. Mayor Suarez: Proceed. Mr. Carollo: You will recollect, the last time we met, we approved certain closures for them - should I say that we approved certain City services for the fundraiser they were having, and what we need to approve, that we forgot to do the last time... Mr. Plummer: What is this on? Mr. Carollo: .,. is to give them a permit to sell beer and wine during the festival. Mayor Suarez: Ok.. That cannot be done administratively? I'll entertain a motion. I'll entertain a motion on this. Mr. Plummer: Wha - wha - wha - I'm sorry, Joe, what's it on, I - I... Ms. Kennedy: What is the motion? Mr. Carollo: It's to approve the regular permits that we do, for them to sell beer and wine during the festival. Mr. Plummers For what group? Mr. Carollo: That is... Mayor Suarez: The Miami Childrene Hospital. 26 May 280 1987 is Mr. Carollo: The Miami Childress Hospital fundraiser. Mr. Plummer: Oh, yes. Second the motion. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. I'm sorry, anything else, Commissioner? Mr. Carollo: That's the only thing that I have except - well, I'll take up after we vote on this. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-489 A RESOLUTION CONCERNING THE "MIRACLE LUNCH BRUNCH" BLOCK PARTY TO BE CONDUCTED BY THE BUILDING OWNERS AND MANAGERS ASSOCIATION OF GREATER MIAMI TO BE HELD MAY 29, 1987, AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL STATE PERMITS AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 8. DISCUSSION AND DEFERRAL OF PROPOSED AGREEMENT WITH JANIS JOHNSON FOR PLANNING SERVICES PERTAINING TO UPDATING ZONING ORDINANCE 9500 Mr. Dawkins: Mr. Mayor, I would like five before I take four. I want to continue five. I don't understand what we're doing here, and I want to continue it until somebody explains it to me. Mr. Carollo: Ok., Miller. When you're done with the ones that you have when we get up to nine and ten, I want to ask the administration some questions on nine and ten. Mr. Dawkins: Ok.. Mayor Suarez: Ok.. Mr. Dawkins: Ok., Joe. Mr. Dawkins: On number five, Mr. Manager. Mr. Odio: Yes, sir. Mayor Suarez: We'll take up five, and then we'll go back to four. Mr. Dawkins: We got a... Mayor Suarezc Go ahead, proceed Commissioner. Mr. Dawkins: We got a resolution here to hire somebody to deal with, she's going to function as a lead planner on a project and she's going to report to 27 May 28, 1987 a project manager appointed by the planning director. You know, why should someone, we hire somebody again to come back to the planning department, Ok. Then it says, "the consultant will serve as a key staff person for the zoning ordinance 9500 committee." You have not named the committee. We don't know who they are, Ok.? Then you also say, in number two, "this consultant will provide professional planning service that shall include, but not be limited to, review zoning ordinance 95 and it's deficiencies." Don't we have the deficiencies listed already? Mayor Suarez: I didn't know that. Mr. Dawkins: And also conduct zoning research. The planning department has already done research and recommending language to the project. The project - the problem is the language, Ok.? Number four said, "provide professional assistance to the project manner - manager on other assignments at time as available." Ok., now, go to number three, compensation. This, I got a problem with. NOTE FOR THE RECORD: Fourth grade of St. Hughes School recognized in the audience. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: All right. It says exclusive of expenses, reimbursement provided by in sub -paragraph. Then, I go down to the last paragraph and this is what I need for you to explain to me. In addition to national holidays, as stated in exhibit A, which is attached hereto and made a part of herein, time for other holidays, sick leave, and vacation shall be earned at a rate of one days vacation and one days sick leave every five weeks. And this time, will be limited to twenty working days per year. How can a consultant, who is on a consultant contract accrue vacation and sick days? You all explain that to me. Mr. Joe McManus: Joe McManus, assistant director of the planning department. Commissioner, we were very fortunate to negotiate contracts with two professionals. This contract being one. Where these people are essentially officed in our department. They are not going to be paid any fringe benefits. If this were a typical consultant contract, we would be paying this amount times a typical consultant overhead of 2.5 times. We would be paying approximately over $100,000 for this work. We're very fortunate to negotiate this amount all the way down to the actual salary. No fringes, no other expenses. Mr. Dawkins: Ok.. Mr. McManus: Given that, Commissioner, we felt it only fair, as long as these people were being treated essentially as City employees, to give them the same benefits that we would give other City employees in terms of vacation and sick leave. In other words, would we expect them to be working in our department on a holiday when nobody else would be there. Mr. Dawkins: All right. The Miami -Dade Community College serves - assigns as many consultancies as anybody also, and we do not let a consultant get sick time and sick leave. Now, take it a step further, now. It says, "unused vacation and sick leave may be accrued, and upon termination shall be paid in - cash." Mr. Manager, didn't we just buy out, I don't know how many thousand dollars worth of vacation and sick time, and now you're going to turn right around and compound the issue? Mr. Odio: Well, sir, the alternative is that I will hire him as a full City employee, or these people, to do the same Mork and will pay 51 percent of fringe benefits added to their time. Mr. Dawkins Ok., well, I mean, well that's fine, if - if... what - I'm not - I'm not going to vote for this. Now, if you've got three votes, you can hire anybody you want. I mean, I ain't got no problem with that, Ok.. Mr. Odio: Yes, air. No, what, what I mean, the alterna... Mr. Dawkins I mean you can pay them anything that this Commission approves of paying, Ok.? That's fine. 28 Way 28, 1987 Mr. Odio: Commissioner - Commissioner, they are, they... Mr. Dawkins: But, then it also says, "the consultant shall also be reimbursed for reasonable relocation and transfer and moving expenses." Come on. Mr. Plummer: Well, let me ask this question. We're speaking now of which one, five or six. Mr. Dawkins: Five. Item five. Mr.Walter Pierce: Item five. Mr. Plummer: All right. Was five a former City employee? Mr. Pierce: No. Mr. Plummer: What about six? Mr. Pierce: Yes. Mr. Plummer: And what was he making as a City employee? Mr. Pierce: I - we can ask him that question directly. Mr. Weisberg - $30,000 a year. Mr. Plummer: That included the fringe benefits? Mr. Pierce: No, that was his salary plus fringes. Mr. Weis... Mr. Dawkins: I move - I move that five be continued until I can get some answers to the questions that I just asked, please. Mr. Pierce: Commissioner, would you - may we meet over lunch, sir? Mr. Dawkins: No, sir. No - this one - no, Mr. - you know, you already met with me over breakfast on six. Now you convinced me to go with you on six. I'm not going with five. Mr. Plummer: Well... Mr. Pierce: But we didn't - we didn't eat this morning though. Mr. Dawkins: No, I'll go with... Mr. Plummer: Let's - when you bring it back this afternoon, I likewise want to talk about item 33 because... Mr. Dawkins: I don't want - I don't want this to come back this afternoon. I need more than - than - than - than... Mr. Plummer: Ok., but 33 is the same thing. It's taking a City employee out of the City employment and putting them on a consultant basis. Now, in that particular case, even if that's the case, I think it should be paid by DDA, not by the City. But, I'll get to that on item 33. Mr. Pierce: Yes, sir. Mr. Plummer: You're - you're mo - what are you doing, deferring five and six? Mr. Dawkins: Five. No, just - no six, he, he, he bought me coffee. I had to give him six. But five, I want to defer until we can sit down. I don't - I Just don't see how we can take and tell the public that we're going to hire a consultant, and let a consultant acquire sick time, sick pay, vacation time and vacation pay. I don't - I don't - I mean, I - me, I'm not voting for it. They can't convince me to vote for it, but I think that I should give them the opportunity to try. Mr. Plummer: Well, if you don't start six at the same time you start five, are you not then handicapping the entire overall program? Mr. Dawkins: No. 29 Nay 28, 1987 Mr. Plummer: Ok.. Mr. Dawkins: Six never - five never worked for the City. Six worked for the City, he comes in, he hits the ground running, he's aware of what the City, etc., and etc. That's my opinion, i don't know. Mr. Plummer: You're asking... Mr. Dawkins: Well, if you all want to do it, don't hire either one of them. I don't have no problem with that. Don't hire neither one of them. Mr. Plummer: No, then - then we're stuck with 95 as it is, which is a mesa. Mr. Dawkins: No, but you see - no, there again... Ms. Kennedy: Can't - We cannot be stuck with 95. Mr. Dawkins: Ninety-five needs to be junked, scraped, and start over. Ms. Kennedy: Yes. Mr. Dawkins: See. Now, and I'm tired of us piecemealing, hiring consultants who come in and take lots of - semantics and do the same thing over. Now, if you're talking about junking 95 and bringing some people in to come up with some zoning regulations that apply to an urban area such as we have, you got me. But when you talk about paying people $80,000 to come in and change some verbiage and you haven't done anything, I don't see it. Mr. Pierce: Well, Mr. Dawkins, that's precisely the reason we need the additional staff, is to make sure that we don't just change the verbiage. To put some regulations in that make sense. Mr. Dawkins: I cannot see your paying anybody to relocate from - wait a minute, I don't want to lie. Mr. Pierce: Boca Raton. Mr. Dawkins: From Del - Delray Beach. Mr. Pierce: Right. Mr. Dawkins: You all going to pay somebody who could very easily, if they were interested in the job, commute. So you're going to pay them to relocate? I mean, come on, this is - you know - I hope - I'm going to give this to Bill Gjebre, maybe he can see more in this than I see, because this just don't make sense to me. And then, going to - let them accrue... Mayor Suarez: You're not going to give the contract to Bill Gjebre, are you? Mr. Dawkins: They didn't sign that yet, I hope. You know, they do sign a lot of them and bring them to us after the fact. 9. BRIEF DISCUSSION RE CARL HIAASIN'S ARTICLE IN THE MIAMI HERALD CONCERNING COMMISSIONER CAROLLO Mr. Carollo: What did you say about Bill Gjebre? Incidentally, while we're talking about reporters, I'd like to bring up a little article that came yesterday. It was in the local section of the Miami Herald... Mayor Suarez: You wouldn't be referring to Carl Hiaasin by any chance? Mr. Carollo: Well, yes, the humor columnist... Ms. Kennedy: Here we go again. Mr. Carollo: ... for the Miami Herald and, I tell you, after I read his article, I really felt bad. Apparently, the City Attorney's office... 30 may 28, 1907 �: 0 s Mayor Suarez: Can't spell the guy's name. Mr. Carollo: ...misspelled his name, and would just like to express to him the last thing that we would want to do is to offend somebody as influential and as important as he is, being the humor columnist for the Miami Herald. But, I hope that he could understand how easily it could be that after the City Attorney's office would read even just one of his columns, they could easily misspell his name from "ass" to "ass." Those things could happen very easily. So I hope he don't mind and doesn't take offense that his name was spelled "ass" instead of "ass." Because after reading his columns, that those mistakes certainly happen. Ms. Dougherty: Commissioner Carollo, I wasn't about to say it, but I guess I should tell everybody now that you're the one that told me to spell it that way. (LAUGHTER) Ms. Kennedy: Joe - Joe... Ms. Dougherty: The only thing I refused to do was to highlight it like you told me. Ms. Kennedy: I think this is - I think this is what you call a Freudian slip. Mr. Carollo: To be - to be perfectly honest - to be perfectly honest - and you all know how bad my memory is, he always did appear to me to be an "ass" instead of an "ass." Mayor Suarez: Reduce her salary. Mr. Dawkins: No, give her a raise. (LAUGHTER) 10. AUTHORIZE AGREEMENT WITH RICHARD WEISBERG FOR ZONING SERVICES PERTAINING TO UPDATING ZONING ORDINANCE 9500 Mr. Dawkins: Ok., I have no - I mean, I don't want to vote for any of this, but if the majority of the Commissioners feel that they want to throw away their money like this, be my guest. Ms. Kennedy: On which one, five or six? Mr. Dawkins: Four, five, and six. They're three companion items. Mayor Suarez: You go for three at a time, don't you Walter? - That's very good. Mr. Pierce: Well, I just wanted to make sure the Commission understands that it's - all areas. Mayor Suarez: Yes, yes, yes, they're all ---- Mr. Dawkins: I'm voting no on four, I'm voting no on five, I'll vote yes on six. Mayor Suarez: We'll take up item six. I'll entertain a motion on six. Let's get six done. Ms. Kennedy: I move it. Mayor Suarez: Don't complain. Moved. Do we have a second on six? Mr. Plummer: Second. Any discussion? Call the roll on six: 31 Noy 20, 1907 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-490 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH RICHARD K. WEISBERG, FOR TECHNICAL ZONING SERVICES OVER A ONE-YEAR PERIOD PERTAINING TO THE UPDATE OF ZONING ORDINANCE 9500, SUBJECT TO THE AVAILABILITY OF FUNDS, WITH FUNDS FOR THE COST OF SAID SERVICES DURING FY 186-187 IN THE AMOUNT OF $26,446 BEING ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Item 5 was continued to the meeting of June 11, 1987. 11. ALLOCATE $18,284 FOR FUNDING UPDATE OF ZONING ORDINANCE 9500 Mayor Suarez: Item four. Mr. Pierce: This afternoon. On five. Mayor Suarez: Do you want to table four until this afternoon? Mr. Pierce: I mean five til this afternoon, not four. Mr. Dawkins: No... Mayor Suarez: I wouldn't need a motion to defer that, we'd just be tabling it. Mr. Dawkins: I just told you what I wanted to defer it to, the next meeting. Mr. Pierce: Yes, sir. June llth. Mr. Dawkins: Thank you. Mayor Suarez: Item four. What's the Commission... Mr. Plummer: Second. Mr. Dawkins: They can't do nothing without the money, I'll second it. Mayor Suarez: Moved and seconded. Any discussion. Call the roll on item four. 32 May 280 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-491 A RESOLUTION ALLOCATING $18,284 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR THE PURPOSE OF FUNDING ANCILLARY COSTS AND EXPENSES PERTAINING TO THE UPDATE OF ZONING ORDINANCE 9500. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. NEGOTIATE AND EXECUTE AGREEMENT WITH SHEPHERD, LOBE, COSTA FOR PREPARATION OF CITY OF MIAMI MARKETING, PROMOTION AND INFORMATION PACKAGE (SEE LABEL #4) Mayor Suarez: The only one we've deferred is item five of the... Mr. Plummer: No, we deferred one. Mr. Dawkins: No, seven. Mayor Suarez: Right, but I mean... Mr. Dawkins: Yes, one. Mayor Suarez: ... of the four, five, and six. I want to take up item one again. Mr. Dawkins: Ok., go ahead. Mayor Suarez: That was yours, decided to have a full Commission on it. Mr. Dawkins: Yes, right - I'm voting against it, but if somebody move it, it's all right with me. Mayor Suarez: Right. Mr. Carollo: Item one? Mayor Suarez: Yes. Item one was tabled at the request of Mr. Dawkins until we had a full Commission, Commissioner Carollo. Mr. Plummer: Is this item one a local - local... Mayor Suarez: And I - and I want to say, Mr. Vice -Mayor, that the interested parties are here, and we ought to at least tell them whether we're going to consider it today or not, and if we're just going to vote on it or not, or what we're going to do with it. That's the least... Mr. Plummer: Are they a local - are they a local company? Mr. Odio: Yes, it's a 60 percent... 33 may 281 1907 Mr. Matthew Schwartze Yes they are. City of Miami. Mr. Plummer: They main... they maintain offices in the City. Mr. Schwartz: Yes, they do. Mr. Odic: By the way, it's a 60 percent Hispanic female ownership. And 60 percent of the staff is minority. Mayor Suarez: How much of the cost of the $50,000 is going to be the actual printing. I riean, the actual materials that we can use... Mr. Odio: I understand it's $30,000. Mayor Suarez: Of the fifty. Mr. Odio: Yes, sir. Mr. Plummer: What is the time frame? Mr. Schwartz: Approximately three months. Mayor Suarez: Because I - see the materials are extremely useful to us in going around and trying to promote these target areas. The rest of the money, I'm a little bit more doubtful on. Mr. Plummer: I'll move. You recommend it, Mr. Manager? Mr. Odio: Yes, sir. Mr. Plummer: I move it. Mayor Suarez: Do we have a second on that? Before you speak, because it could go better for you if you don't. Do we have a second on item one? Ms. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I feel it could be done in-house by present staff, and I don't think you need to go outside. I'll be voting no. Mr. Carollo: How much is it costing? Mayor Suarez: Fifty thousand dollars, and they've given us part of the breakdown by telling us approximately $30,000 will be for the actual printing. Mr. Odio: Is - is print materials. Ms. Kennedy: Well... Mayor Suarez: And, I guess $20,000 is for the layout... Ms. Kennedy: Let... Mr. Carollo: Where have we been doing it in the past? Mr. Plummer: We've never done it in the past. This particular... Mr. Odio: We never done it before, sir. And I... Ms. Kennedy: Let me tell you, Commissioner Dawkins. I was told that we could not do this work in-house. Mr. Odiot Not the quality... No. Kennedyt Right, that's why I'm voting for it, Ok.? 34 flay 280 1907 i i; Mr. Odio: ... that I saw that can... Mr. Plummer: Call the roil. Mr. Carollo: What does the Manager recommend? Mr. Odio: I do recommend this. I tried to do it in-house with the ladies for about three months, and I was convinced by staff that - and when I saw these samples that this is the quality that we cannot obtain in-house... Mr. Carollo: Not only that but if we do it in-house, we probably won't get it done until 1988 sometime. Mr. Odio: No, not quite, Commissioner. We're more efficient than that but, I mean... Mr. Dawkins: If you hold up his budget. Mr. Carollo: Well, I tell you, you said with the people you're keeping on I have - I'm beginning to wonder. Mr. Plummer: This is pick on the Manager day. Ms. Kennedy: We're on a roll today. Mr. Dawkins: Call the roll, Mr. Mayor. Mr. Carollo: Maybe we could go off to Asia and find some more qualified people and bring to the City of Miami, because we don't have any here in the State of Florida. Mr. Plummer: Up to where? Ms. Kennedy: Up to Asia? Mr. Plummer: Asia, oh. Ms. Kennedy: Up to Asia? Mr. Carollo: Asia. Ms. Kennedy: Yes. Mayor Suarez: I didn't call the roll because I was hoping to hear a little more of that. I have some very similar feelings about some of the people that we're keeping on in the City at huge salaries. Anyhow... Mr. Carollo: You'd better believe it. Mayor Suarez: Call the roll. Mr. Dawkins: And I've got a problem with those you're letting go with no salary. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-492 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND SHEPHERD, LOBE, COSTA, INC. FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION AND PRINTING OF THE CITY OF MIAMI MARKETING, PROMOTION & INFORMATION PACKAGE, WITH FUNDS HEREBY ALLOCATED FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk 35 May 28, 1987 Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. DURING ROLL CALL: Mr. Carollo: Based upon the recommendation of the City Manager and only based upon that, do I vote yes. Mayor Suarez: Yes, for the same reasons. ------------------------------------------------------------------------------ 13. AUTHORIZE NEGOTIATIONS WITH MIKALON, INC. FOR ISSUANCE OF REVOCABLE PERMIT FOR TEMPORARY MOORING OF GALLEON AT PIER PARK. ------------------------------------------------------------------------------ Mayor Suarez: Item six, I think, is the next one. Mr. Dawkins: We passed six. Mayor Suarez: We passed six. Item... Ms. Kennedy: No, seven. Mr. Dawkins: Seven. Mayor Suarez: Seven, Commissioner Dawkins. Mr. Dawkins: On the - on this one, Mr. Gilchrist, who gets the money for leasing of the Bay bottom? Mr. John Gilchrist: Well, we - we do, air. Mr. Dawkins: We? Where, it doesn't say... Mr. Gilchrist: The way - the way that breaks down is... Mr. Dawkins: It doesn't say so in here. Mr. Gilchrist: ... well, let, let - it's asking for us to negotiate the agreement. Mr. Dawkins: Beg pardon? Mr. Gilchrist: To authorize the Manager - but, in order to explain that... Mr. Carollo: What, what, what, we doing down here... Mr. Gilchrist: ... the land side at that location is under lease to the Rouse Company, and the Bay bottom is owned by the City of Miami. For the boat to sit there and operate, it has to sit on our land. In order for it to be entered, it has to go through Bayside, leased property. Now, we have yet to negotiate with the Bayside partnership and the boat owner, and we're asking for the authorization to move forward in that and bring it back to you. Mr. Dawkinss Move it. Mr. Plummer: Second it for discussion. Mayor Suarers Moved and seconded. t 36 s 43= may 280 1987 Mr. Plummer: What is the City expected to derive in revenue? Mr. Gilchrist: Well... Ok., if you answered it. Mr. Plummer: You'll have to bring it back. Mr. Gilchrist: We bring it back, sir. Mr. Plummer: Ok.. Let me just - let me just put on the record. less for the City than what Bayside gets. i expect no Mr. Gilchrist: You know, on a handshake basis, Jim and I were talking about approaching this on a fifty-fifty basis, but I want to negotiate that before... Mr. Plummer: Fifty-fifty basis on revenue. Mr. Gilchrist: Right. Yes, sir. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-493 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH MIKALON, INC., SETTING FORTH THE TERMS AND CONDITIONS FOR THE ISSUANCE OF A REVOCABLE PERMIT FOR THE USE OF A PORTION OF BAY BOTTOM LANDS ADJACENT TO THE EAST SIDE OF THE PIER PARK LEASED AREA FOR THE TEMPORARY MOORING OF THE GALLEON, A REPLICA 16TH CENTURY BRITISH GALLEON, SUBJECT TO A PROPOSED AGREEMENT ACCEPTABLE TO THE CITY, BETWEEN BAYSIDE CENTER LIMITED PARTNERSHIP AND MIKALON, INC. FOR LANDSIDE FACILITIES AT THE BAYSIDE SPECIALTY CENTER. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 14. CITY ATTORNEY TO DEFER PURSUIT OF APPEAL IN CONNECTION WITH MIKELE CARTER V. CITY, PENDING JUDGE'S ADJUDICATION Mayor Suarez: Item eight. Mr. Gilchrist: Thank you all. Mr. Odio: Eight passed - nine. Mr. Carollo: Eight passed. Nine. Mayor Suarez: I'm sorry, item nine. 37 Noy 28, 1937 Mr. Carollo: Can we get some background on nine? Ms. Dougherty: Yes, sir, Mr. Commissioner. This is a case that was tried last February. It was a case against the City for age discrimination, sex discrimination, and religious discrimination. The judge... Mr. Carollo: Sex, age, and religious. Ms. Dougherty: Yes. The judge, when he heard the evidence on the age discrimination, excuse me, on the religious discrimination and the sex discrimination threw out the charges, or found the City not liable. Mr. Carollo: Um humm. Ms. Dougherty: Because, under Title VII, the age discrimination went to the jury. The jury found that the City did discriminate against this former employee on age, based on age. Mr. Carollo: Um hmm. Ms. Dougherty: The judge, at this time, has not written a final order although the case has been tried over a year ago. Mr. Carollo: Um hmm. Ms. Dougherty: And he has not ruled on our post trial motions at this time as yet either. I can't tell you what the final judgment is going to be, but the exposure is around four or five hundred thousand dollars, if we lose. We still have pending motions, as I have said, that - we still have pending motions that may relieve the City of any obligation to appeal at all. What I'm doing is looking ahead, and I'm asking for your authorization to appeal the case, if it comes to be adverse to us, because we think it sets a very bad precedent. Mr. Carollo: And whom, may I ask, was the individual that was allegedly charged with discriminating against this employee? Ms. Dougherty: Well, it was the City law department. Jose Garcia Pedrosa was the City Attorney at the time. Mr. Carollo: Isn't that the guy you wanted to name City Manager, Xavier? Yes, deaf again. That's another one for him. Mr. Plummer: He never forgets. Mr. Carollo: I would like to defer this item until we finally hear on what the judge rules, and then, take it from there. Ms. Dougherty: Be fine. Mr. Carollo: If it's a judgment that's not going to be extremely high, we might be wiser in settling. If it's extremely high, then we might have no choice but to go ahead and appeal it. But - this already has cost us a bundle from what I'm seeing, and then on top of that if we're going to have to hire outside counsel, like it's being required here, and go to a fine outstanding law firm like Fine Jacobs & Schwartz. But, at the same time, a law firm is extremely expensive. You know - that's - I don't know. Mr. Dawkins: Second. Mr. Carollo: Motion to defer. Mayor Suarez: Moved and seconded. Mayor Suarez: Any further discussion? Was this the same one you briefed us on, right? That the Commission would like additional time to consider that - is that... Ms. Dougherty: This is the case I just now spoke of, yes. Yes, they Want more time, and they would like to know what the judge's ruling is before we decide Mhether or not to appeal. 38 May 280 199' Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-494 A MOTION DEFERRING A DECISION BY THE CITY COMMISSION CONCERNING AN APPEAL IN CONNECTION WITH U.S. DISTRICT COURT CASE OF MIKELE CARTER V. CITY OF MIAMI PENDING THE TRfAL JUDGE'S ADJUDICATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 15. DISCUSSION RE PREVIOUSLY PASSED NOMINATION OF ALBERT RUDER TO REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY (SEE LABEL #3.2) ------------------------------------------------------------------------------ Mayor Suarez: Item twelve. Mr. Carollo: Item ten, I'd like to discuss. Mayor Suarez: Ok., we can reconsider it, if you'd like, Commissioner. Mr. Plummer: Can we hold a minute? Can I - can I bring up - on item ten - on appointing Al Ruder to the evaluation committee of Merrill -Stevens, or now referred to as 2640 South Bayshore Drive. Mr. Manager, when those bids came in, your indication to me, at that time was that neither one of the bids would meet, in your estimation, the minimum criteria of the City Charter. Mr. Odio: No, sir, I didn't - I, I, I... in pass... Mayor Suarez: How can he make a determination like that without the selection committee even looking at it? Mr. Odio: That's - that - that is correct - in passing... Mr. Plummer: No, no, no. Well, that's the point I'm trying to make, you... Mayor Suarez: Yes, that's what I want to know. Mr. Odio: I didn't - I never told you officially... Mr. Plummer: No, not officially, you told me you didn't think... Mr. Odio: I - I - I made a comment to you at your house in a passing conversation that I had not seen the bids, but that I had been told that they were - there was some doubt whether they were completely ------ Mr. Plummer: Would meet the minimum criteria. Mr. Odlos But - and I also said that I would - I don't want to see them, I didn't want to see them, that I wanted them to go through the selection process... Mr. Plummer: Ok., the question... 39 May 20, 1907 Mr. Odio: ... and once they recommended, then I would look at it. Mr. Plummer: All right. The ques... well, I very distinctly remember because that's what's in my mind... Mr. Odio: But - but I didn't... Mr. Plummer: ... that they possibly would not meet the minimum criteria. Mr. Odio: But - that was - that was an opinion given off... Mr. Plummer: Ok., I said that. It was your opinion. Mr. Odio: Not mine. I didn't even see them. I have not seen them. Mr. Plummer: All right. The question that I have is... Mayor Suarez: Wait. Can we ask whose was it - who's opinion was it, superficially. Was it good old John? Mr. Odio: Yes, sir. Mayor Suarez: You had felt by looking at them that they... Mr. Odio: They - he - he looked at it and he said, there might be some doubt about this but - and I told him then, and I tell him again, that I wanted the selection process to continue. Mayor Suarez: And - but you still believe, right,... Mr. Gilchrist: We have... Mayor Suarez: ... that selection process should be what is followed to come to a determination of whether they're responsive and responsible or not. Mr. Odio: That is correct. Mr. Gilchrist: We reviewed them for deficiency, and they are deficient in both applications - or both proposals by a number of items. We've taken that to the selection committee... Mayor Suarez: You have not made any recommendations to the selection committee to that effect. Mr. Gilchrist: We have not made recommendations. We have simply said they are deficient by these items. Mr. Plummer: Ok., the question I'm asking, I guess... Mayor Suarez: I'm wondering if you're predisposing the minds of the selection committee, I don't understand... Mr. Gilchrist: No, sir. They - they charged me, as a representative of the administration dealing with this to report to them what is and what is not included. Mayor Suarez: With certain findings and so on as you - as you give them... Mr. Gilchrist: Yes, but objective findings as to whether this is included or not included. Mayor Suarez: Ok.. All right, Maybe that's the way the procedure works, I'm... Vice -Mayor. Mr. Plummer: All right so are then now of the opinion that you're not sure that they meet the minimum requirement? Mr. Gilchrist: I would think you have to - the Law Department ha• to rule on that... Mr. Plummer: Look, the point I'm... 40 Nay to 1997 Mr. Gilchrist: on that. It has been assigned currently to the Law Department to rule Mr. Plummer: The point that I'm making, when expressed to me, that it was an opinion, and I put that very clearly, whether it was from you to him to me, if, in fact, they don't meet the minimum criteria, then why send it and make the selection committee go through a process if they don't meet the criteria, they can't even be considered. Mr. Gilchrist: I would like to answer that through the Law Department... Mr. Plummer: That's - that's the point I'm trying to make, John. Mr. Gilchrist: ...because they ruled too - the Law Department ruled to me that it has to go through the selection process anyway. So, please, let them speak. Mr. Plummer: Even if they don't meet the minimum criteria? Why are you putting a selection... Mayor Suarez: Well they - I thought they were the ones that were supposed to make that determination, aren't they? Mr. Dawkins: No. What are we discussing? Mr. Plummer: See, I don't understand, something is... Mr. Dawkins: What - what - Merrill -Stevens? Mayor Suarez: Yes. Ms. Kennedy: Ok., let's hear it from the law department. Mr. Dawkins: It - it's - I'm with J.L. Did the bids you receive meet the minimum requirements that were stated by this Commission that it must be a full service marina, did they? Mr. Gilchrist: Yes, sir. It's a full service marina. Mr. Dawkins: They are full service marinas? Mr. Gilchrist: Yes, sir. Mr. Plummer: Well, then let me ask the other question. Since it was your opinion to Cesar to me... Mr. Gilchrist: Yes, sir. Mr. Plummer: Yes, Ok., fine. In a conversation. What area did you feel that there was not a meeting of the minimum requirements? Mr. Gilchrist: Well, I'll give you an example. There were no market feasibility studies in it, and the CPA firm has told us, at the public meeting, that there's not enough material in there for them to evaluate the financial capability or the financial feasibility of the project. That's one example. Mr. Plummer: Ok.. So then what you have done, you have sent to the City Attorney and asked for an opinion as to whether or not they met the minimum requirement? Mr. Gilchrist: The committee has requested that. Mr. Plummer: Ok., now has the City Attorney ruled on that? Chris Korge, Esq: Commissioner Plummer, the cl - what has been asked of the City Attorney's office is whether or not they could submit additional information as a matter of clarification of their proposal. As far as whether or not.., Mr. Plummer: dell, now, that's not what he said. :; 41 May 20, 1987 • • Mr. Korge: Well, but that's what has been submitted to the City Attorney's office. Mr. Plummer: Well, but wait a minute now. You know, I'm getting horsed around here. He's saying he asked the City Attorney to rule... Mr. Gilchrist: No, the committee, air. Mr. Plummer: The committee asked the City Attorney to rule if they met the minimum requirements. You're saying that isn't what they asked of you. Mr. Korge: The - there are two separate things... Mr. Plummer: Did the - excuse me - did the ci - did the committee... Mr. Gilchrist: At the first meeting. Mr. Plummer: ...request of the Law Department to make a determination if the bids met the minimum requirement? Mr. Korge: At the first meeting they did, and I responded to that at the second meeting. Mr. Plummer: All right, and what was your response? Mr. Korge: My response was that the - their proposals on their face, met the minimum requirement. Mr. Plummer: Thank you. Mr. Korge: Ok.. Then, on the second question was whether or not they had enough information, the committee, to adequately evaluate the proposals. There's a criteria set out in evaluation. Pursuant to the charter, dealing with UDP's, the committee's charged with the responsibility of evaluating proposals. What they've asked me to do subsequent... Mayor Suarez: Let me ask you a question... Mr. Korge: Yes. Mayor Suarez: ... and interrupt you there. When you say, evaluating proposals, do you understand that to mean evaluating as one as opposed to another proposal - weighing them and deciding which is better, or do you include in that interpretation of evaluating, whether they're responsive at all? Mr. Korge: If they're not responsive, they have nothing to evaluate. Mayor Suarez: Why - but who makes that... Mr. Plummer: And that was exactly my point. Mayor Suarez: Sure, but who makes that determination? A selection committee makes that determination, or is it supposed to be made prior to being... Mr. Korge: What has been done in the past - Mayor Suarez: From the UDP process. Mr. Korge: What has been done, through my understanding of the UD process, the staff with the City Attorney's office determines whether or not the committee has anything to evaluate. Mayor Suarez: In this case, they have detb:rmined that they do have something to evaluate. Mr. Korge: They do. Mayor Suarez: Ok., good. 42 May 280 1987 Mr. Korge: The - the problem lies here, Mr. Mayor, in the fact that both of the proposals fail to submit vital information that's necessary to evaluate the proposals. That does not mean that they're not responsive - Mayor Suarez: Ok.. Mr. Korge: It just means that you're going to - you may get a response from the evaluation committee that they are unable to completely evaluate the proposals and, therefore, submit that information to the Manager, and the Manager may then either recommend to you to reject the proposals, or recommend one of the proposals. Mayor Suarez: Can they get additional information in this process? Mr. Korge: That is what I'm looking at right now. Our office is right now looking at whether or not the additional information can be given legally... Mayor Suarez: And we're not sure of the answer to that question. Mr. Korge: There are so many different items it's a case by case situation. Mr. Plummer: Mr. Manager, has the appraisals been completed? Mr. Gilchrist: Yes, sir, the appraisals were completed to determine fair market return. Mr. Plummer: They have been completed? Mr. Gilchrist: They have been completed. Mr. Plummer: We had asked to see those appraisals. Mr. Gilchrist: Yes, sir. I have no problem with submitting those appraisals. We have not - what - what - I believe you're talking about is the appraisals of the proposals, which is a second set of appraisals. Mr. Plummer: No, no, no, no. The appraisals of the property... Mr. Gilchrist: Ok.. Mr. Plummer: ... that makes the determination of a fair return to the City. Mayor Suarez: Yes, the return that we're supposed to get. Ms. Kennedy: ... what the City will get. Mr. Gilchrist: We did - Ok. - I'm at fault in having not submitted that to you. Mr. Plummer: Have they been done? Mr. Gilchrist: They have been completed, yes, sir. Mr. Plummer: All right. Thank you. Mr. Mayor, I hope I under... made the record clear. My concern was of information, even in an opinion, that they didn't meet the minimum requirement, I couldn't understand why you would send them to a committee to go through the process when they don't even meet the minimum requirements. Mr. Gilchrist: Yes, sir. Mr. Plummer: That was my concern. Mr. Gilchrist: Yes. Mr. Plummer: And that was the only reason I brought it up. Mr. Gilchrist: Yes. May I speak on the point of - Mr. Plummer: Sure. 43 May 28, 1947 Mr. Gilchrist: ... the appraisals came in with a minimum a fair market return of five, - three thousand - three hundred and fifty-three thousand dollars. Both proposals have a minimum of three hundred and fifty thousand - there's a three thousand dollar difference there, and... Mayor Suarez: Well, I - for myself, and again, subject to a legal interpretation, I would hope that a $3,000 difference, when the person's bidding, do not know in advance what the appraisals are, is not going to deter... Mr. Gilchrist: I cannot act as the Law Department. Mayor Suarez: Ok.. Mr. Gilchrist: ... but I would like to rely on... Mr. Plummer: Well, but here, again... Mr. Gilchrist: ... the 10 percent that is in the UDP, that if it doesn't deviate more than 10 percent. Mayor Suarez: Is that what the UDP says? Mr. Gilchrist: Yes, sir. Mayor Suarez: By the way... Mr. Korge: Mr. Mayor, Mr. Mayor... Mayor Suarez: No, not quite. Mr. Korge: ... for clarification purposes, that charter provision does not have a 10 percent or any sort of factor. It just says that in order for you to avoid a referendum, you have to have either three proposals or fair market value. Mayor Suarez: No, he's talking about the UDP ordinance. Mr. Gilchrist: I'm talking about in the UDP process, not the charter amendment that conducts it. Mayor Suarez: Right. There is a reference to a 10 percent deviation from... Mr. Gilchrist: It says that the City should not exceed 10 percent in deviation. And I would like to have that apply. Mayor Suarez: I always knew that we were going to have problems with an ordinance that was sixteen pages long, and any time you get something that lengthy, it gets confusing. Mr. Plummer: But are you saying that that 10 percent leeway doesn't apply? Mr. Korge: It doesn't apply to - it doesn't... Mr. Carollo: The bottom line is that if this Commission would take action on either one of those two proposals, it has to go for voter approval, correct? Mr. Odio: That - if they don't meet the minimum requirements of the City as far as return to the City, they would have to go to a referendum. But that's my opinion. Is that your's too? Mr. Carollo: Well, my intention when we placed on that charter amendment, and hopefully will be corrected now this coming November, was that no matter what, if you do not have three qualified bids, that it had to go for voter approval on a referendum. Mr. Korge: No, that is not how the charter amendment reads, Commissioner. Mr. Carollo: Well, the, that, that was my intention - that's not how it came out, I am told now. But, hopefully, we're going to correct that this coming November. 44 bay 28, 1987 Ms. Dougherty: That would be yet another amendment. What it is, if it isn't highest and best use - fair market value at highest and best use - then you have to have three different bidders. Mr. Carollo: Well... Mayor Suarez: There are two things that trigger it; number one, it has to be, if they're not the highest and best use according to fair market value, and if there aren't three. Mr. Carollo: Then, we'd better start planning on having another charter amendment. Hr. Plummer: Yes, but, but - wait a minute. Joe, the City Attorney is saying that that 10 percent leeway did not apply to the proposals. What I'm saying to you at this point, I guess now my point is even more stronger, is that these came in at three hundred and fifty-three thousand dollars... Mr. Gilchrist: Yes, the appraiser, yes. Hr. Plummer: ... by the appraisals, and the highest bid of any of the two proposals was three -fifty. Hr. Gilchrist: That's correct. Mr. Plummer: There is no leeway, according to you. According to that, I, once again ask, if you have no leeway, and neither proposal met the minimum requirement of the three fifty three, where are we? Why is it going to a committee whose hands are tied that it must go to a referendum? Mr. Korge: I - I - I think I can answer that for you, Commissioner. Hr. P1Lvmer: Please. Hr. Korge: First of all, I think that the difference, it wouldn't be a legal determination whether or not the bids are fair market value. It would take an appraiser looking at the proposal - the total proposal because there may be percentages involved... Mr. Plummer: Which he has said has been done. Hr. Korge: ... to determine, well, they've looked at the property at highest and best use, and that's what they say the rental should be, at three -fifty- three a year. But, what I'm saying is they'd have to look at each proposal and determine if they were at fair market value - each entire proposal. That has not been done yet. Hr. Dawkins: Yes, um. Hr. Korge: I'd also like to tell you that even... Hr. Plummer: Wait, wait, wait, wait, whoa. John, did you just not state for the record that both proposals came in at three fifty? Hr. Gilchrist: Yes, sir. Hr. Plummer: Now, what are you telling me? Hr. Korge: That - what I'm saying to you is that, as an Attorney, even though the appraisers came back, we had two different appraisals - one came at three - fifty -three and the other one came at three -sixty -something... Hr. Plummer: So you take the medium of the two? Hr. Korge: Well, you could take the - you could take the lower end.... Hr, Plummer: I assume, isn't that the way it's normally done? Hr. Gilchrist: You can take the medium of the two, and that would be a correct thing to do, sir, Hr. Plummer: I - I - that's the nova. 45 May 28, 1907 • 0 Mr. Gilchrist: Yes. Mr. Korge: But - well, my point to you, Commissioner, is that that's a hard fast rule. What I'm suggesting to you is that, and correct me if I'm wrong, Mr. Gilchrist, but some of the proposals also may include a percentage above a minimum guaranteed rental. Mr. Gilchrist: Yes, the minimum - there was a minimum guaranteed rent of three -fifty. Mr. Korge: See, that's my point, and my point is you would have to have an appraiser look at the entire proposal because even though they only guarantee a minimum of three -fifty, conceivably over the life of their term of their lease, they may be paying above the fair market value because there's a percentage involved. Mr. Dawkins: J. L., let's let this go to a referendum, and get out there and tell the people we're getting ready to give away some more Bayside ... Mr. Plummer: Miller. Mr. Dawkins: ... property and get the people to vote against it. Mr. Plummer: Miller, my problem is simple. If there is no way to meet the minimum requirement... Mr. Dawkins: You're right, I agree with you. Mr. Plummer: ... why are we going through this arduous process? Mr. Dawkins: I agree. I agree in total with you. I've raised the same question. Mr. Plummer: Nov, you know, I just don't see the reason for it. I'm about the business, if they don't meet the damn minimum requirements... Mr. Dawkins: Throw it out. Mr. Plummer: ... throw them out and let's try to get one that does. Mr. Dawkins: It does - that's all. Mr. Plummer: It - it - it... Mr. Dawkins: I mean, I - I - I've asked the same question. How can you not the minimum requirements and be considered, but I get the same thing you're getting, ring around the rosey. Mr. Korge: Commissioner, I think I can further explain which will assist you. Ms. Kennedy: Yes, I see. I understood perfectly what he was saying. Mr. Dawkins: No, I - Mr. - I call the question, and if we're going to put it out for referendum or turn it down, I mean, it's 10:" a.m. we've got a whole agenda to go through, and the public is not in this. This is strictly administrative, and I think that the administration should get somewhere else and get it done, and let's settle the public's business that they're here about. Because we can do this among ourselves. Mr. Plummer: OK.. All right. Mayor Suarez: OK., item ten is only the appointment of a person to the selection committee. Mr. Plummer: Ah - Mr. - Mr. ... Mayor Suarez: Madam City Attorney, do you want to make a... Mr. Plummer: I only took advantage of the - the - the location. b6 May 20, 1907 • 0 Mrs. Dougherty: Yes, the procedure - the procedure set out in the ordinance is simply this. That the evaluation committee must evaluate it and then send the evaluations to the Manager. The Manager, at that point, can then say, reject all bids and that's up to your prerogative. Reject them at that time, it doesn't have to go to referendum. You can reject them at that time, but there is no procedure except for three or four distinct things that are missing in a bid that they are not capable of evaluation. Now, they don't have a market study, then that's part of the evaluation. We can't make a determination on that and the Manager then takes his - that evaluation and says, reject the bids. Mrs. Kennedy: I share Commissioner Plummer's concern and more scared than anything else is that this will probably be the last time in our lifetime, the last chance that we'll get at revisiting this RFP, so we'd better make sure what we're doing. Mr. Odio: That's why I think it's important that the selection committee review the whole process and tell us what they found deficiencies. If they found any - let me clarify - I have not seen any one of the proposals, I have refused to see them. I want them to be as objective as they can be, and I don't know what they're going to come back with. And that is good information for us to have. Mr. Plummer: OK.. Mrs. Kennedy: OK.. Move it along. Mr. Carollo: Can I just get to what was in item ten, you know, that's Albert Ruder. Mr. Odio: He's replacing... Mr. Carollo: He - he's going to get a complex through all this discussion. He's going to think it has something to do with him. Mr. Odio: No, no, no. Albert has been here a long time. He's used to this. Mayor Suarez: All right, yes, I'll entertain a motion on the appointment of Al Ruder on... Mrs. Kennedy: Move it. Mr. Carollo: I have a question. Mayor Suarez: Commissioner. Mr. Carollo: Not on this appointment, but how are we going about selecting the whole committee? I only see his name here. Mr. Plummer: That was passed in the consent, wasn't it? Mrs. Kennedy: Oh, that was part of the consent, yes. Mr. Odio: The committee was formed a long time ago, Commissioner. Bill Hicks, an attorney, is the chairperson of that committee. Al Ruder is simply replacing Juan Miguel Portuando who is leaving the City. Mr. Carollo: I see, can for the record again, you go over the names of the people on the committee. Mr. Odio: I don't have them in my - I know Bill Hicks is one. Gibbons is one member. Who else is in there? Mr. Gilchrist: The architect, Raul Rodriguez is on it and... Mr. Carollo: Who? Mr. Gilchrist: Raul Rodriguez. Mr. Odic: Raul Rodriguez, the architect. Mr. Carollo: Who's that? 47 z I know Henry may 20, 1907 Mr. Plummer: OK.. Mr. Odio: Well, he used to be with Spillis, Candela's... Mr. Gilchrist: He has his own firm. Mr. Odio: He has his own firm now. Rodriguez, Khuly, and Quir.oga, I believe is the firm's name. Mr. Carollo: Ok, Raul Rodriguez. Mr. Gilchrist: And we have an additional man who is a C.P.A. in the maritime industry, and his name is not coming to me right now. Mrs. Kennedy: Didn't he used to be with Merrill... Unidentified female speaker: Don Anguish - Mr. Gilchrist: Don Anguish. Unidentified female speaker: And Dick Briggs. Mrs. Kennedy: Didn't he used to be associated with Merrill -Stevens? Mr. Gilchrist: No, he didn't. Unidentified female speaker: No, that's not the one. But there was one... Mr. Gilchrist: No one has been, and we have also - you know we represented different areas. Dick Briggs who is the executive director of the Marine Council, is on it as well. So, we tried to get a C.P.A. in the maritime indus... Mr. Plummer: Well, let me tell you - let me tell you, you've got a chairman of that committee who I have full faith and confidence in. Mr. Gilchrist: Yes, sir. Mr. Plummer: That is an outstanding individual of this community. Mr. Carollo: Who's that? Mr. Plummer: Bill Hicks. Mr. Carollo: Who's Bill Hicks? Mr. Plummer: Colson and Hicks, the attorneys. Mr. Odio: Be - before I brought that... Mr. Carollo: Oh, one of Bill Colson's partners? Mr. Plummer: Used to be. Mr. Odic: Used to be. Mr. Carollo: Used to be. Mr. Plummer: Yes. Mr. Odic: But before we - I went - I really - we went out and asked a lot of people who they would recommend for chairperson of that committee, and his name kept coming back. Mr. Plummer: He is top notch. Mr. Gilchrist: Yes, sir. Mayor Suarez: OK.. We had already passed that in ten as it turns out, so we were just clarifying it. 48 may 280 1907 • • Mr. Plummer: Yes. ----------------------------------------------- ---------- ---------- 16. FIRST READING ORDINANCE: DECREASE APPROPRIATIONS FOR "FLAGAMI SANITARY SEWERS" ------------------------------------------------------------------------------ Mayor Suarez: Item twelve. Mr. Dawkins: No, no thirteen. Mr. Plummer: So we're off... Mayor Suarez: Did we pass twelve, Madam City Clerk? Mr. Dawkins: No, no. Mr. Odio: Yes, that's on consent agenda. Mr. Plummer: Twelve is not consent. Mr. Odio: No, no, I'm sorry, I'm sorry, no. Mayor Suarez: I'll entertain a motion on item twelve. We're taking up item twelve. Flagami Sanitary Sewers emergency ordinance. The nature of the emergency for the record. Mr. Don Cather: The reason for the emergency is that we have to use up our 175, 1975 bond issue before we can go to the 1980 bond issue. This is simply transferring funds from the 175 to the 180 issue so we can pay them out of that and then we can go ahead and use the... Mr. Plummer: How long have you known about it? Mr. Cather: How long have you known about this, Carlo? Mr. Odio: Why don't we pass it on first reading. I don't believe that - that - that - they're just... Mr. Plummer: It's four fifths. Mr. Odio: That's why - why don't we go on first reading. Mr. Plummer: I'll move - I'll move... Mrs. Kennedy: OK., I'll second. Mr. Plummer: I'll move item 12 on first reading. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded on first reading. Item 12... Mr. Plummer: To pass only on first reading. Mayor Suarez: Instead of an emergency. Mr. Carollo: What did we do with item 10? Mr. Plummer: Ten was passed in the consent. Mayor Suarez: We had voted as part of the consent agenda, and unless you it want it reconsidered, it's - he's been appointed. Mr. Carollo: No, just wanted to find out what was going on with that committee. Mayor Suarez: Right. City Attorney reads the ordinance. 49 Noy 28, 1907 Mayor Suarez: Call the roll. Mr. Plummer: Is there - Mr. Mayor, is there anyone in the public that wishes to speak on item 12? Let the record reflect that no one came forth. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY DECREASING AND RECLASSIFYING THE FUNDING SOURCES FOR THE PROJECT ENTITLED "FLAGAMI SANITARY SEWERS", PROJECT NO. 351173; BY DECREASING THE APPROPRIATION FROM 1960 SANITARY SEWER G.O. BONDS BY THE AMOUNT OF THREE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($3,700,000) AND BY APPROPRIATING TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000) FROM THE REMAINING 1975 & 1976 SANITARY SEWER G.O. BONDS FUND BALANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 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. 17. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ORDINANCE APPROPRIATING FUNDS FOR BAYFRONT PARK REDEVELOPMENT (See Label #37) Mayor Suarez: Item 13, another emergency ordinance. Mr. Dawkins: Under 13, it says, increase appropriations by one million eight hundred seventy-two thousand, eight hundred and sixteen dollars to the City- wide neighborhood parks renovation project. That gives us a total of how many millions of dollars to spend on parks within the City of Miami? . Mayor Suarez: Yes, where are we on that fund that is being created with this one point eight... Mr. Dawkins: Wait a minute, Mr. Mayor, let me get one thing squared away first, OK.? Mayor Suarez: Yes. That's why I'm asking... Mr. Dawkins: I want to put it in the records what we're saying... Mayor Suarez: I'm asking the same question you're asking. Mr. Dawkins: That was eight million dollars for neighborhood funds, parka= now, you're telling me that you're going to add one million eight - so now, what is the total amount of money that you have earmarked for City-wide parks? so kiay 26, 1987 Mr. Carlos Garcia: Mr. Commissioner, first let me tell you, I believe the City Attorney's office sent you a revised number thirteen and the number for the neighborhood parks has been changed to a million three... Mr. Dawkins: Then you will not get nothing through. I move that we don't discuss nothing else dealing with parks until you all get me the same amount of money to spend in inner City parks that you have to spend in the Bayfront Park. I keep telling you people... Mayor Suarez% Well, wait... Mr. Dawkins: I knew - no, Mr. Mayor, I knew this was going to happen. I knew you all were going to spend the money in the downtown park, downtown, and when it came to my parks in the inner City, we weren't going to have no money. Mayor Suarez: No, no, but wait, I think we're misunderstanding here. Mr. Odio: Commissioner, for every do - let me, can I clarify it? Mayor Suarez: Wait, wait, wait, Mr. City Manager. The total amount that you expected that we'd be able to get for the neighborhood parks would be roughly eight million. That's... Mr. Garcia: Bight million four, yes, sir. Mayor Suarez% This is one... Mr. Dawkins: Mr. Mayor, you know, Mr. Mayor, I don't want you to sit up here and go through stuff here with them and you'll process nothing. Let them tell me what I want to know, please don't process it because I don't want to hold you responsible. Let them process what I say. Mayor Suarez: I just want to say, this is the first... Mr. Dawkins: No, no. Mayor Suarez: ... one point eight two - one point eight seven that we're putting into that eight million dollar pot. That's all I want to tell you. Mr. Plummer: Yes, but that's not - that's not the point. Mr. Dawkins: No, he. just said it's five million though, he just said five million. Mr. Odio: Commissioner, for every - the point is very simple... Mr. Plummer: The point is that not a dollar was supposed to be spent of that money in Bayfront Park... Mayor Suarez: We haven't... Mr. Plummer: ...without a dollar being spent in the neighborhoods. Mayor Suarez: We haven't' gotten a dollar yet into either of the two funds. So go ahead and explain it. Mr. Odio: For every dollar that we're going to spend in Bayfront Park, there will be a dollar for inner City parks. This is doing exactly that. Mr. Dawkins: Well, what did he tell me five... Mayor Suarez: We're trying to do it. Mrs. Kennedy: We're getting simultaneous... Mr. Dawkins: Why did he tell me it's been reduced to five million? Mayor Suarez: What's this five? Mr. Garcia: Commissioner, the - the - the way the ordinance was prepared was mistakenly. The million three is equal to the increases to the appropriations to bayf rout Park. 51 may 288 1987 Mr. Dawkins: No, no, no, no. A million three is not equal to eight - ain't' no way in hell a million three is equal to eight. Mr. Garcia: No, what is happening, Commissioner... Mr. Dawkins: Um humm. Mr. Odio: The answer to you, Commissioner, if we spend eight million dollars in Bayfront Park, we will be spending eight million dollars in the inner - City park. This one, I believe, will end up now eight million, ninety thousand dollars, in the inner City parks and eight million, ninety thousand dollars in Bayfront Park. Mr. Dawkins: No, but you see - see - but see, that's not - you saying that. Mr. Odio: This is an accounting thing that he's doing. Mr. Dawkins: This the man here who handles the money, OK.? He's the one who knows where the money is... Mr. Odic: He won't be around if he doesn't do it that way. Mr. Dawkins: Well, he's not going to be around because he just told me he ain't got the but five million dollars. Mr. Garcia: No, sir. Overall, there's going to be eight million four hundred _ thousand dollars for the neighborhood parks. The way this ordinance was prepared, was just to increase it as the funding for Bayfront Park is also increased. Not all of the funds for Bayfront Park have been appropriated at this time, only a certain amount. Mr. Dawkins: All right. Good. Mr. Garcia: So, as Bayfront Park is increased, neighborhood parks will also be increased. Mr. Dawkins: Beautiful. All right. So now - now you're going to spend one million eight hundred and seventy-two thousand dollars to do these things in this ordin... in the agreement. Is that right? Mr. Garcia: Well, what we have now is one million eight appropriated for neighborhood parks, available to be spent there. Mr. Dawkins: No, no, no. What are you asking for in this ordinance? Mr. Plummer: That's not the point! Mr. Dawkins: That's right. Wait a minute, J. L., we're getting to that. Mr. Plummer: The point is... Mr. Dawkins: We're getting to that. What are you going to do in this ordinance? Mr. Garcia: OK., first what we're planning to do is increase the appropriation for Bayfront Park by a million three. Mr. Dawkins: No, no, no. Mr. Garcia: OK.? Above... Mr. Dawkins: You ask here - you ask here for us to accept the bid to spend a million and eight dollars. That's what you say here. Mr. Garcia: No, sir. What we're doing at this time, is that we're increasing the appropriation for Bayfront Park by a million three. And also setting up an appropriation for neighborhood parks for a million three. Mr. Odio: Commissioner Dawkins, you have my guarantee that we will spend dollar for dollar... 52 May 28, 1987 Mr. Dawkins: No, I want your guarantee, sir, that when you bring a contract here that's signed to do anything in Bayfront Park, as J. L. has been trying to tell you all morning, you must have a contract signed to do that same amount of work and money in one of the pa - City parks. Mr. Odio: Commissioner, there - there... Mr. Dawkins: Or don't bring them here. Mr. Odio: ... there is a problem with that. Mr. Dawkins: Huh? Mr. Odio: Let me explain what the problem is. Mr. Dawkins: OK., explain it to me. Explain it to me. Mr. Plummer: This xerox is so good... Mr. Odio: That Bayfront Park is under construction, it's well advanced... we have... Mr. Dawkins: How long have I been going through this with you? Mr. Odio: Well, Commissioner, we have a plan now that will come to you for your approval on all the inner City parks. Mr. Dawkins: OK., you will not - OK., I don't know. Here - here's one vote you will not get and my - and they have said they're going along with me. Now they - if they go back on their word, that's fine. Mr. Odio: Well - well... Mr. Plummer: Excuse me. Mr. Dawkins: Go ahead, J. L. Mr. Plummer: It is the policy of this Commission, when we made that determination, that there would not be any dollars spent in Bayfront Park without a dollar likewise, at the same time, being spent in the neighborhood parks. Mr. Carollo: That's correct. That's correct and if I may, J. L.... Mr. Plummer: Now, it' just that simple, if you bring me a million dollars for Bayfront Park, you got to bring me a million dollars for the neighborhood parks. Mr. Carollo: If I may, the... Mr. Garcia: That's what this ordinance is doing. Mayor Suarez: But I thought that's... Mr. Plummer: That was the - the understanding. Mrs. Kennedy: And it still is. Mayor Suarez: I thought that's what this does. 1 Mrs. Kennedy: It's exactly what we're doing. 1 Mr. Carollo: The - the monies... I Mayor Suarez: Commission... Mr. Garcia: That's what this ordinance is doing is approving the expenditures of the monies of a million three... Mr. Plummer: Carlos - Carlos, that's not true. Now... Mr. Garcia: How - how... why not, Commissioner? 53 May 28, 1987 Mr. Plummer: All right. When you are increasing a project by $55,700, that money is going to be spent now. That's not a project to be done, that's an increase. Mr. Garcia: Right. Mr. Plummer: Now, where is the $55,700 in the neighborhood park? Mr. Garcia: OK., that's part of the million eight that you have there that as I said was incorrect; it should have been a million three. A million three is composed of four items; OK., the fifty-five, seven eighty, the $21,000, the $34,00 plus a million two. Those four items add up to a million three. And that's the amount that should be appropriated in neighborhood parks ready to be spent. Mr. Carollo: ... find out who she represents ... Mayor Suarez: You have a very good point. Carlos, hold it for a second. Ma'am who are you reporting for? We'd like to have that on the record. Inaudible response from the floor. Mr. Dawkins: Who? Mayor Suarez: It's another item? You're just practicing now? Mr. Dawkins: OK. - now - well, there are not - there is no work within the City parks that you can spend $55,000 on... of - I'm sorry, I cut out Joe. Go ahead, Joe had something to say. Mrs. Kennedy: I tell you - OK., I'll tell you what we could do. We could start and when that item comes up, we can discuss it further, but one thing we could do immediately at least is to start fixing up the pools in all the City parks. Mr. Odio: OK.. Mr. Carollo: Don't worry, she kept up with it. Mr. Dawkins: We aren't going to spend another penny. If this Commission holds up to it's word, when you come here with contracts for Bayfront Park, you come here with contracts for this - other parks in the City. If you - and Mr. - and, and, Mr. Manager, this is no reflection on you, but Mr. Carlos... Mr. Odio: No, I'll order the work stopped. Mr. Dawkins: ... does this every day - I mean every time there's some money. Mr. Garcia: Commissioner, I cannot bring you any contracts. My job is to get the monies in place and then the departments will bring you the contracts. Mr. Dawkins: Well, they - that ain't going to... Mr. Odio: Commissioner, I will follow your orders, I'll stop the construction of Bayfront Park. In the meantime, item twenty-nine... Mr. Dawkins: No, no, go ahead. That's right. Mayor Suarez: Wait, wait, wait. That hasn't been decided yet, Mr. City Manager. Mr. Odio: Well, I'll have to follow orders. Mr. Plummer: No, no, no, no. I'm sorry, Mr. Mayor, it has been a determination of this Commission. Now, if there's a derelict position, it is based upon that they did not bring us today a like contract when they have known about it for three or four months. Now, nobody... Mayor Suarez: OK.... 54 May 20; 1907 Mr. Plummer: ... wants to stop the construction. But here again, the fear that was expressed from day one is that you're going to spend that money in Bayfront, and then when it comes to the neighborhood, there was not going to be any left. Mr. Odio: If you look at item 29... Mrs. Kennedy: It is on the agenda. Mr. Odio: Item 29 is in the agenda... Mrs. Kennedy: Right. Mr. Odio: It will tell you exactly what we propose... Mrs. Kennedy: And we can decide. Mr. Odio: ... that you spend the eight million dollars... Mayor Suarez: OK., let's do something then since that's the way you're explaining it, why don't we table item 13 until we get to item 29 and see where the expenditures are going into the neighborhood parks. Mr. Carollo: Excuse me. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: No, they don't have no signed contract. Mr. Carollo: Gentlemen and lady, if I could say a couple of words on that subject matter. Mayor Suarez: Commissioner Carollo. Mr. Carollo: As I understand, we're talking in item thirteen and twenty-nine also, about Citywide neighborhood parks. It's one of the subjects we're discussing. Now, it's my understanding that the largest Citywide neighborhood park that we have is called Virginia Key. And, since we're going to have at least eight million dollars for Citywide neighborhood parks, I would hope that we could use some of those monies to improve upon the largest neighborhood park that we have, that all the neighborhoods are going to use at Virginia Key in Virginia Beach. Mr. Plummer: Beyond the money that we've already spent. Mr. Carollo: Well, of course, there is monies that are spent that have been spent already. Mr. Plummer: But right now... Mrs. Kennedy: ... part of the eight million dollars... Mr. Plummer: ... well, the point I'm making, Joe, is that we have spent what, six or seven hundred thousand dollars already at Virginia Key. So, that is part of the "kitty." Mr. Carollo: Yes. Mr. Plummer: OK.. Mr. Carollo: Well, beyond what we spent, we need to... Mr. Plummer: An equal distribution is what you're asking.? Mr. Carollo: Well, what I'm asking is that Virginia Key, Virginia Beach has over 800 acres that's City owned. It's the largest and most important park that this City has. It's going to serve and is serving all of the neighborhoods, and we need to use some of those monies for Virginia Key and Virginia Beach. Mayor Suarez: Certainly it should be that park and that beach should be included in the process of prioritizing and - before it reaches the 55 may 289 1967 Commission. I think that - OK., why don't we table item thirteen until we consider item twenty-nine. It's the only chance that it has, looks like. Yes, Mr. City Manager. 18. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED BID ACCEPTANCE OF DANVILLE/FINDORFF INC. FOR BAYFRONT PARK REDEVELOPMENT - PRASE III (SEE LABEL #38) Mayor Suarez: Item fourteen. Mr. Odio: Well, I suggest we table that one too. Mrs. Kennedy: Table fourteen too. Mayor Suarez: Sir. Neil Flaxman, Esq.: Yes. Mayor Suarez: It looks like we would table that until we can handle twenty- nine, which could conceivably be this morning, but go ahead. Neil Flaxman, Esq.: Very briefly, my name is Neil Flaxman. I'm an attorney at law, 2600 Douglas Road, Coral Gables, Florida. I do have a court reporter and I'm requesting that she report this proceeding. Mayor Suarez: You've registered with the City, Mr. Flaxman? Mr. Flaxman: As an at... Mayor Suarez: As a lob... Mr. Flaxman: No, not... Mayor Suarez: You know, under a lobbying ordinance. Mr. Flaxman: I'm an attorney. I'm not lobbying. Mayor Suarez: It applies. In fact, it sort of was intended to apply to attorneys. So you might want to do that before you speak to the item and we'll go ahead and table that until you get your application complete. Your registration complete. Mr. Flaxman: All right, I'll register with the City. Thank you. NOTE FOR THE RECORD: Item 15 was deferred to the afternoon session. 19. ALLOCATE $25,000 TO CARIBBEAN/CENTRAL AMERICAN ACTION INC. FOR CONFERENCE "STRATEGIES FOR ECONOMIC DEVELOPMENT: TELECOMMUNICATIONS IN THE CARIBBEAN BASIN" Mayor Suarez: Item sixteen. Mr. Odio: This is the authorization to allocate an amount not to exceed 425,000 for a grant to the Caribbean /Central American Action, in connection with this conference in strategies for economic development, telecommunications in the Caribbean Basin. It will be held at the Hyatt Regency June 10th and llth. Mr. Plummer: What do you recommend? Mr. Odio: I recommend this. Mr. Plummer: Move it. Mrs. Kennedy: Second. 56 May 20, 1967 ■ Mr. Odio: Out of CDBG funds. Mayor Suarez: Moved and seconded. Any discussion on sixteen? Call the roll. Mr. Plummer: How did we drop down to sixteen? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-495 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM 12TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED TO THE DEPARTMENT OF DEVELOPMENT, AS A GRANT TO CARIBBEAN/CENTRAL AMERICAN ACTION INC., IN CONNECTION WITH ITS CONFERENCE ENTITLED "STRATEGIES FOR ECONOMIC DEVELOPMENT: TELECOMMUNICATIONS IN THE CARIBBEAN BASIN" TO BE HELD IN MIAMI AT THE HYATT REGENCY HOTEL, JUNE 10-11, 1987; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, TO IMPLEMENT THE ALLOCATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Although Commissioner Carollo voted "yes" at the time of the roll call, he later on the record requested to be shown voting "no". See note for the record at the end of label #E24. NOTE FOR THE RECORD: Item 17 was deferred to the next meeting. 20. AUTHORIZE EXTENSION OF CONTRACT WITH AIDA LEVITAN Mayor Suarez: Item eighteen. Dr. Levitan. Mr. Plummer: I think that this matter was deferred so that she could have the opportunity to go around and speak to everyone. Have you done so? Dr. Aida Levitan: To Commissioner Kennedy. Mr. Plummer: Commissioner Kennedy. Mrs. Kennedy: Yes. Mr. Plummer: Did you speak with Aida? Mrs. Kennedy: Yes, I did. Mr. Plummer: OK., no problems? I move item 18 as recommended by the administration. Excuse me? You did not recommend it? Mr. Odio: The administration did not recommend it. L 57 May 28, 1907 Mrs. Dougherty: It has to be under $50,000. Mr. Plummer: Well, Mr. Mayor, the demonstration was there that she did everything last year that this Commission expected from her and I think even a little bit more. It then becomes whether or not it is a good project. I think its' worthwhile. It has been good exposure and as far as I'm concerned, I'll move item 18 based on the same criteria as last year. Mrs. Dougherty: Not to exceed forty-five hundred - forty-five thousand ... Mr. Plummer: What was it? Mrs. Dougherty: I don't know, if it's fifty, they have to bid.... Mr. Dawkins: Seconded, and under discussion. Mayor Suarez: Moved and seconded, Commissioner Dawkins. Mr. Dawkins: You are a minority as a woman, and a Latin. What black minority do you have? Dr. Levitan: She's standing next to me. Her name is Denise Cruz and... Mr. Dawkins: All right, you're getting a $55,000 budget, what part of the $55,000 will that black lady get? Dr. Levitan: Excuse me, Commissioner, but the request from the City was actually $45,000. If you want to give me $55,000, I'll be very happy, but it was $45,000. Mr. Dawkins: All right, you're getting $45,000. Dr. Levitan: It's costing me fifty-five. Mr. Dawkins: Of the $45,000, what percentage of the $45,000... Dr. Levitan: She is getting $10,000 in professional fees plus expenses and I am getting $25,000 in professional fees plus expenses and we have to pay a secretary to serve her and me as well as space and... Mr. Dawkins: So she's getting twenty-five and you're getting thirty-five, that leaves... Dr. Levitan: ... I pay for all the other expenses including office space, electriCity, secretarial services, telephone, long distance calls and so on. She doesn't have to pay for any of that. Mr. Dawkins: How much work will she be expected to do out of the - as - out of... Dr. Levitan: She'll be planning one tour with me which is the tour of... Mr. Dawkins: And she'll get ten thousand dollars just for planning the one tour. Dr. Levitan: With me, yes. And she will also plan a one day tour of the Liberty City-Overtown-Coconut Grove area within the other tours as in assisting of what we do in the other tours. Mr. Carollo: Excuse me, Aida. Dr. Levitan: Yes. Mr. Carollo: I apologize. Who are we talking about that's going to assist you? Dr. Levitan: Denise Cruz. Right here. Mr. Carolloc I see. OK.. Dr. Levitan: One thing I would like you to know in case you're interested is that we reach 60 million people through the programs and newspaper and 58 May 20, 1987 magazine articles this year. That makes the cost of these tours .006 - 6 thousandths of a cent per person reached. Mr. Dawkins: The lady standing there by you has to go to Publix, Eckerds, and Winn -Dixie. That has nothing to do with the 60 thousand people whom you're speaking about. Dr. Levitan: Sixty million. Mr. Dawkins: I'm speaking in terms of a percentage of the money that will go to this lady so that this lady will be able to spend it within the City of Miami with our stores. That's what I'm concerned about. Dr. Levitan: Sir, she's getting exactly the same percentage. If you look at the fact... Mr. Dawkins: That doesn't mat... Dr. Levitan: ... that I'm paying for her expenses completely, she is getting the same percentage. Mr. Dawkins: OK., that's all. No problem. No problem. Mr. Carollo: Let me say this for the record. In the several years that Ms. Levitan has been providing this service to the City, I have to say that it is one of the most efficient service that I've seen in the area of getting positive exposure to the City of Miami. And each year, we get more news people from the key different median from around the world that are coming to Miami, and Miami's getting more positive exposure and reviews throughout the world. So I think that for what this is costing us, we're getting one heck of a bargain. Dr. Levitan: Thank you. Mr. Carollo: I so move. Mr. Dawkins: It's been moved and seconded already. Mrs. Dougherty: Yes. Mr. Dawkins: It's been moved and seconded already. Mrs. Dougherty: Yes. Mr. Dawkins: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-496 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT FOR "MIAMI -- A NEW WORLD CENTER" JOURNALIST TOURS WITH AIDA LEVITAN IN THE AMOUNT OF $45,000 FOR FY-1987-88. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. DURING THE ROLL CALL: "Mrs, Kennedy: Let me just say, Aida, you have done a great job, and it has resulted in positive articles, You are a Hispanic woman, you are an 59 may 200 1987 3 0 entrepreneur, and I really admire you. However, in voting "no" the Manager has - I have talked to him at length after I talked to you. He says that we're really understaffed. He firmly believes that the department can do it. I'm going to go "no" for this time. If it doesn't work, next year I'll vote for you. Or perhaps, Mr. Manager, later we could subcontract it out or work it out in other ways. I'm going to follow your recommendation and try it for this year. Mr. Dawkins: I'm voting "yes," but I share Commissioner Kennedy's concern with the Manager laying off ten people or twenty people, and in those areas that he's laying them off in is people with, this expertise, and I would like for him to look at it next year although Aida has been doing this and she - and I'm not patting her on the back. We've been through this and, in fact, we helped to start this and she's doing a tremendous job but somewhere along the lines, we may have to look at doing it in-house. I vote "yes". Mr. Carollo: While voting "yes", I'd just like to add for the record that after being some eight years and particularly the last few years, I see that the departments and the individuals that we have in charge of this kind of information for the City can barely, at times, write a decent press release - every time a press conference is called by them, it's like a Chinese fire drill. And I could go on, and on, and on. I think the last thing we want to do is place something as important as this into the hands of amateurs. Frankly, if I can't even get pictures when we have out of town dignitaries that come to Miami until months and months later, if at all, so we can send to them, and they could print them in their local medics for Miami, how in the heck can we even consider them to handle anything such as this. I think that Ms. Levitan's experience speaks for itself, and I don't think that we should play around in trying to take chances in something that already has proven to be effective. Mayor Suarez: I'm going to vote "yes," but I feel like my colleagues on this Commission that I really don't anticipate ever voting for this again. I think the City's going to have to move to - and follow the Manager's recommendation for the next fiscal year to provide this service in-house. I'm like Commissioner Carollo, I'm concerned about the professionalism of it being done in-house but I'm going to vote "yes" for one more year, Aida. I think the service is valuable, but I think we're in a whole new era here where we're trying to provide these services in-house, and I agree with my colleagues in that respect. I can't imagine voting in favor of this in the future." 21. DISCUSSION RE CODESIGNATION OF STREETS IN THE LATIN QUARTER AREA Mayor Suarez: Item fifteen I think it is, or sixteen. Mr. Plummer: No, nineteen. Mr. Odio: Nineteen. Dr. Levitan: Thank you. Ms. Hirai: Nineteen. Mayor Suarez: Once again? We are not going to get into a discussion of the merits of codesignating streets today, I guarantee you that. What do you need from us today, Willy? Mrs. Kennedy: Actually, the names. Mayor Suarez: Oh. Mr. Willy Bermello: Mr. Mayor and Commissioners, Willy Bermello with offices at 55 Almeria, Coral even aware that we were appearing before you understanding that after .approving in concept the and approving the names of Ronald W. Reagan for S. Roosevelt for S. W. 17th Avenue, that the purpose would be to approve the remaining names. Now... for the record, my name is Gables. Frankly, I wasn't this morning, but it's my codesignation on May 14th, W. 12th Avenue and Theodore of the meeting this morning 60 Noy 280 1987 W1 Mr. Plummer: No, no, that's not correct. it Was sent back to you, Willy, to the committee to add more female names to that... Mr. Bermello: We have done that. Mr. Plummer: Do we have a new map of the - of what is now being proposed, and that's what we were here about is to approve or disapprove those names. Mayor Suarez: I thought that's what we were going to do. Mr. Bermello: Let me... Mr. Plummer: Let me - let me ask you this question. Mr. Bermello: Just explain the changes... Mr. Plummer: OK., go ahead. Mr. Bermello: ... f rom what we did - had last time. First, Theodore Roosevelt has replaced Simon Bolivar on 17th Avenue. Due to the importance of the Simon Bolivar, we then substituted Simon Bolivar on S. W. 7th Street where Carlos Manuel de Cespedes from Cuba used to be. We transferred Carlos Manuel de Cespedes down to 4th Street, eliminating Ignacio Agramonte. Subsequently, we substituted Narciso Lopez who is known in Cuban history, but was born in Venezuela with Alfonsina Storni from Argentina. That change now represents the fact that we have, out of the fifteen street names, not counting Theodore Roosevelt, not counting Ronald Reagan, not counting Flagler or Flagler Terrace, and not counting Calle Ocho, excluding those five names that I just went over, fifteen out of the remaining Latin American patriots - out of those fifteen, five are women, which brings the percentage to 33 percent, which is what I understand is what Commissioner Kennedy had requested. Mr. Plummer: Well, I'm going to tell you on the record, I want the Azqui. Mrs. Kennedy: Capitan Azqui. Mr. Carollo: Well, I think we're all in favor of that. But beyond that, I think that we're forgetting some of the main individuals that we should name at least two streets for, and those were the discoverers of Florida - one of them being Ponce de Leon. Well, hey... Mr. Plummer: I understand what you're saying. Mr. Carollo: You know, we're going to - you know, there were some people that came here... Mr. Plummer: Joe, I don't disagree with you. Mr. Carollo: ... that demanded that we name some of these streets, you know, after some of the original Americans. Well, I want to go ahead and follow their wishes and name some of these streets on some of the original Americans after the Indians who were here. The original ones that came after the Indians were here and Ponce de Leon was one of the first that came. So I'd like to find one of these streets will be named after him. Mr. Plummer: What about Chris... what about Christopher? What about Cristobal Colon? Mr. Carollo: Well. If you'd like to consider him or we can consider some of the other Spanish conquistadors that came through Florida. Ocala, the whole panhandle, northern Florida... Mrs. Kennedy: I told you we had to expand. Mr. Dawkins: We got Columbus. Mr. Carollo: Yes, they were the ones that were the original pioneers here. Mr. Dawkins: We got Columbus Drive in Tampa. 61 may 20, 1987 Mr. Plummer: Well, I think, Joe, the only consid... I agree with you. Is there - is there - should there be consideration that Ponce de Leon does exist in Coral Gables, would it be confusing. You know, there is a Columbus Street in Coral Gables. Would that be confusing? I don't think that, that is the intent in any way, but I agree with you that, you know, these were some of the first. Mayor Suarez: And we do have a - you know we do have a very prominent Ponce de Leon Blvd. in Coral Gables. I don't know... Mr. Carollo: Hey, you know, I'm not concerned with what Coral Gables has or doesn't have. I'm talking about Miami. Mr. Plummer: Well... Mayor Suarez: This is the tail end of a very long and tedious process. I hope that whatever we do, we make a decision on this today and get it done with. Mr. Plummer: Yes, because we don't need to bring that group back that was here before. Mayor Suarez: Please. Mr. Carollo: OK.. Mayor Suarez: What's the Commission's pleasure on this? Mr. Plummer: Well, Mr. Mayor, I've made my point. To get my favorable vote, I want Azqui added into it. Mr. Carollo: I agree with that. Beyond that, I would like to have one of the streets named for the person that discovered Florida, Ponce de Leon and another one for one of the original pioneers of Florida, Fernando de Soto. Mr. Dawkins: Chief - Chief Sitting Bull or Tigertail or... Mr. Carollo: No. Mayor Suarez: I said that already Mr. Dawkins: Anybody. Mr. Odio: But Commissioner - when we have... Mr. Carollo: I said, after the Indians, I said. I made that clear. Mr. Dawkins: Oh, OK.. Well, you're always hollering the American Indians, I don't hear you hollering for them today, Joe. Mr. Carollo: Hey, I'm hollering for them. Mr. Dawkins: No, you're not. Mr. Carollo: Yes, give me one that's Latin and I'll holler for him. Mr. Dawkins: No, but that's not what you say. Every time I said, give me the black, you say, I need - what about the American - the very first American Indian. You always may that, OK.. Mayor Suarez: At the last... Mrs. Kennedy: Do you want to change Ponce de Leon for Teddy Roosevelt? Mr. Carollo: Of course. Absolutely, absolutely. But give me one that - give me one that's Latin and I'll include him in there. Mr. Dawkins: I want to give it... Mayor Suarez: At the last... Mr. Dawkins: I'm going to give it back to you. 62 May 28, 1907 Mr. Carollo: This Latin - this Latin quarter. Mayor Suarez: The last time we - the last time we discussed this, they mentioned that most of the streets in Coconut Grove are named after American Indians or native Americans. Mr. Dawkins: Oh shoot, Joe and I.... Mayor Suarez: Including the one the City Manager lives in. Mr. Dawkins: ... are just talking over here, we're not getting into no discussion over that. Mr. Plummer: Including the one I live on. Mayor Suarez: And the one you live in - Micanopy - Micanopy - which ever. Mr. Carollo: Yes, Natoma. Mayor Suarez: Natoma. Hilola, all of them. Tigertail, it turns out, is a - was an Indian name. Anyhow, what's the Commission's pleasure? I've had enough of names for myself. Mr. Dawkins: With all joke aside, Latin Quarter, they should have a Latin sounding to it, so I mean... Mayor Suarez: Right. Mr. Dawkins: That's all, we don't... Mayor Suarez: What was your - what was your proviso, Commissioner, Mr. Vice - Mayor, was that an... Mrs. Kennedy: Capitan Azqui. Mr. Plummer: I want Azqui involved in there. Mayor Suarez: You want a what? Mr. Plummer: Azqui. Mayor Suarez: Oh. Mr. Carollo: We want a - yes, Captain Azqui, and I'm proposing to name one of the streets on behalf of Ponce de Leon and Fernando de Soto. Two of the... Mayor Suarez: We have a triple - triple designation? Mr. Plummer: Well, so that - let, let me - let me then, so we don't get ourselves in trouble= we've expressed our opinion, let's send it back to the committee to make the determination... Mr. Carollo: OK.. Mr. Plummer: ... as to who get eliminated, because obviously three have got to be eliminated. Mr. Bermello: Could - could I have some additional cosiments from the Commission, because the job gets tougher each time we go back. Concerning the ... Mr. Dawkins: OK., OK. - you only got one - you only got one thing from me. Tell me when you come back, how far north on 12th Avenue will you people be calling Ronald Reagan and I'll be calling 12th Avenue. Mr. Bermello: N. W. lot Street. Mr. Dawkins: First Street. Mr. Bermello: Northwest lot Street. 63 may 38, 1987 Mr. Dawkins: And it will still be 12th Avenue north of that? Mr. Bermello: Yes, sir. It will be 12th Avenue throughout. Mr. Plummer: Well, it will still be 12th Avenue there; it will be codesignated. Mr. Dawkins: Beg pardon? Huh? It'll be 12th Avenue. Beg pardon? Mr. Plummer: It will still be 12th Avenue, but just codesignated. Mr. Dawkins: No, no, no. I don't want no codesignation north of 1st Avenue, now. Mr. Bermello: That's correct. That's correct. Mr. Plummer: North of First Street. Mr. Dawkins: No, no, no. No, no, no. Mr. Carollo: From then on - from then on, we'll name it after Jesse Jackson, Miller. Mr. Dawkins: I wouldn't care if you name it Jesus Christ, it will not say Ronald Reagan. Mr. Bermello: Northwest First Street, Commissioner... Mrs. Kennedy: To S. W. Ninth. Mr. Bermello: ... Dawkins, I... Mrs. Kennedy: Willy, I don't have any problems, as long as you have... Mr. Carollo: Hiller's been listening to Tammy and that James. Mr. Kennedy: ... as long as you have no less than a third women. Mr. Bermello: Well, we have that right now, Commissioner Kennedy. Mrs. Kennedy: Right, I know that you do - I know that you do and I'm satisfied, and I agree that I would like to see Capitan Azqui added to the list, but... Mr. Bermello: My, my... Mrs. Kennedy: ... you can shuffle around as long as... Mr. Bermello: My, my question and I guess it's probably directed more towards you because I heard comments, and we addressed that also, that there were too many patriots from Cuba on the original list... Mrs. Kennedy: Um hmm. Mr. Bermello: ... and my question would be right now, in terms of the five women we have two from Cuba already, Marta Abreu and Mariana Grajales. In it your intention... Mrs. Kennedy: Well... Mr. Bermello: that we substitute one of those two with... Mrs. Kennedy: No, no, that's... Mr. Bermello: ... the name of Adele Azqui? Mrs. Kennedy: ... not necessarily. You can substitute one of the men. Mr. Carollo: Well, let me say this for the record. Mrs. Kennedy: Shift it around. And... 64 May 28, 1967 Mr. Carollo: This Latin Quarters is in an area that is called Little Havana. That area is over 90 percent Cuban Hispanic. Cuban Latin. Mr. Bermello: He's correct. Mrs. Kennedy: Um hmm. Mr. Carollo: And I've only seen that out of about, I don't know, fifteen streets or more that we have here - let's see - one, two, three, four, five, six... Mrs. Kennedy: Exactly fifteen. Mr. Carollo: ...seven, eight, nine, ten - eighteen. Something like five, that you have named after Cuban born Latins. It doesn't make sense. Mr. Bermello: Commissioner Carollo, you're totally correct. This process has gone through an evolution. As a matter of fact, when it started back, when I first proposed it to the Latin Quarter Review Board, it was basically all Cubans and provinces from Cuba, and it was - Luis Sabines who I think enlightened me by saying that we need to include our brothers and sisters from Latin America. We had seven representatives from Cuba at our last meeting, and I think it was Commissioner Plummer who suggested, and I think it was a correct suggestion that we need to have better representation. Now, we can do one or the other, but I can't satisfy both. In other words... you know... Mr. Carollo: I agree with what you're saying, but in a neighborhood that's over 90 percent Cuban... Mr. Bermello: I'm totally in agreement with you. Mr. Carollo: ...and the reason that it's called the Latin Quarter is because of the Cuban influence there. Mr. Bermello: Correct. Mr. Carollo: You know, I think we ought to start thinking a little bit more about our roots like other groups do. And other groups aren't afraid on the backlash that they're going to have when they stand up for their rights. So why should Cubans be the only group - Cuban Americans be the only ones that are so afraid of standing up in their own neighborhoods for what they want to do there? Mr. Bermello: Well could - could this Commission give us - give us some guidance? Mr. Carollo: You know, how many - you know, frankly, how many Uruguayans do you know that live in that area? For that matter, in all of Miami? Mrs. Kennedy: Five. Mr. Carollo: Well. Mrs. Kennedy: Close. Mr. Carollo: Now you could go on and on, you know, with some of the others who we have there. Mrs. Kennedy: See, we have to - we had an Argentinian, Jose San Martin. By adding Alfonsina Storni, who is also from Argentina, that makes two. Perhaps we'd like to substitute Jose San Martin for Capitan Azqui. Mr. Bermello: Well, the - the thing about... Mr. Plummer: Well, let me try to take you off of one dilemma. Mrs. Kennedy: So, why don't you shift it around... Mr. Bermello: The thing about Jose San Martin is that, you know, he was born in Argentina, but he was a liberator of Chile and Peru. Mrs. Kennedy: Yes. 65 May 28, 1907 Mr. Bermello: So he satisfies two countries. And I think... Mr. Plummer: Willy... Mrs. Kennedy: OK., Willy, why don't you take it back. Mr. Bermello: I would rather suggest to you, maybe, then have Alida Esquil Labrador substitute for Alfonsina Storni who was also from Argentina. Mr. Plummer: Let me - let me try to take you off of one dilemma. What was the reason given not to change Flagler Terrace? Mr. Bermello: We did not want to in any way offend... Mr. Plummer: Now, I understand Flagler Street and I understand Calle Ocho but why not Flagler Terrace? Mr. Bermello: We assumed, maybe incorrectly, that if we, in any way, touched the name Flagler, who is one of the founders of this - of this City... Mr. Plummer: You're leaving Flagler Street. No, you're leaving Flagler Street. Mr. Bermello: I realize that. But, the fact that we would take the name Flagler out of the terrace, that it would upset native Americans, Americans all, that realize that the name Flagler is critical to the history of this City. Mr. Plummer: Well, let me appreciate your concern, but you're not removing the name. The primary designated main street is still going to be remaining Flagler. So, it's not like you're going to eliminate the name Flagler from the area. Where there is two designated Flaglers, I see no problem with removing Flagler Terrace or changing Flagler Terrace. Mr. Bermello: Codesignating it. Codesig... Mr. Plummer: ... and put Azqui in there. Mrs. Kennedy: Yes, I think that's a good suggestion. Mr. Bermello: Would that be... Mrs. Kennedy: I have no problems with that. Mr. Bermello: So, so that... Mr. Plummer: As, as a native American, I have no problem with removing one. I would, as you said before, if you wanted to remove it completely. Mr. Bermello: Well, I... Mr. Plummer: But you're not doing that. Mr. Bermello: OK. that - then we would have a codesignation of Flagler Terrace. It would be basically Alida 8equil Labrador Terrace and then underneath that will be Flagler Terrace. Mr. Plummer: That's acceptable to me, it would be to the rest of the Commission. Mr. Bermello: Is that... Mrs. Kennedy: That's acceptable to me. Mr. Bermello: That would give six out of the fifteen, or if my mathematics is s correct, is 40 percent. Mrs. Kennedy: One down. Very good. Mr. Bermello: Now, it is my understanding if I'm reading you correctly that, based on Commissioner Caroilo's comments, that he would like two streets renamed to have the names of Fernando de Soto and Ponce de Leon. Is that - I'd like to be able to go back to the committee and - and - and... Mrs. Kennedy: I suggest that you do. Mr. Bermello: ... and be able to reflect the desires of this Commission. As you know, we have a pending visit by the Vice President on June 17th, that they now have pretty much confirmed. It will be sometime in the afternoon, hopefully between two and three o'clock. Mr. Plummer: On what date? Mr. Bermello: It's June 17th. It happens to be the last day of school. I hope to be able to meet with the City Manager and his staff next week to start working on the details. We don't have much time. Mr. Carollo: Is that June 17th? Mr. Bermello: Yes, Commissioner Carollo. Mr. Carollo: Is that before or after the Walsh committee gets here? Mr. Bermello: I couldn't hear you. Mr. Carollo: Never mind. Just as well. Mrs. Dougherty: Is he going to go to lunch with you? Mr. Carollo: Go ahead, I'm sorry to interrupt you. Mr. Bermello: So... Mr. Plummer: So, we're sending you back to the committee to actually eliminate two names, add two names, and come back to this Commission. I think... Mr. Carollo: Three - three. Mr. Plummer: ... that's the only thing - we got Anna Azqui taken care of on Flagler Terrace. Mrs. Kennedy: We got Anna Azqui. Mr. Carollo: Oh, OK.. Then two more we have. OK.. Mr. Bermello: OK., the two more that you would like to have is Ponce de Leon and Fernando de Soto. Mr. Carollo: Fernando de Soto. Mr. Bermello: OK.. All right. Could I ask a request of the Commission? It was the desire of the Latin Quarter Review Board to be able - the City of Miami, the Mayor, and you, the Commissioners, to offer the Vice President as a token - when he comes down here, a sign that says - like the signs that will be along the street, that will say, Avenida Ronald W. Reagan. Now, as you know, those signs are basically fabricated through Dade County and I'm concerned about time and I was wondering if through the Public Works Department of the City, we can contact the county to have that particular signs so that the Mayor and you, the Commissioners, can give that to the Vice President. Mrs. Kennedy: Mr. - Mr. Manager, would you call Sergio Pereira and take care of this? Mr. Managerl Mayor Suarez: Your good friend. Mr. Odio: I heard you... Mrs. Kennedy: OK.. Mr. Besamllo: We'll - we'll come back with suggestions concerning the two } additional insertions for the next meeting, y. y.. 67 Noy to 1947 4 -! Mr. Dawkins: And, Willy, we'll accept the codesignation - not in respect to the Presidenci - OK., we don't care nothing about the President. Mr. Carollo: Do you it would be a little too much if we changed Benito Juarez for Cortez? ......Mexico, right? Mr. Plummer: Right. Mr. Dawkins: But because of the Presidency and the office, we'll accept the codesignation of the street. Mr. Bermello: Thank you, Commissioner Dawkins. Mr. Dawkins: OK.. Mr. Bermello: Thank you. Mrs. Kennedy: Bye, Willy. Mr. Plummer: All right. Ping pong. Mrs. Kennedy: Moving along. 22. DISCUSSION RE TABLE TENNIS CHAMPIONSHIPS (SEE LABEL #33) Mayor Suarez: Item twenty. Mr. Odio: Has been withdrawn by the - Mrs. Reese. Mayor Suarez: Item twenty-one. Mr. Odio: Twenty-one, I'm recommending... Mayor Suarez: United States table - tennis table - table tennis. Mr. Odio: I'm recommending denial of this, Mr. Mayor. Mayor Suarez: Table tennis, not tennis table. Mr. Odio: This is an event - twenty-one is an event that will be held in Miami Beach Convention Center and I suggest that they go to the Miami Beach Commission and ask them for funds there. Mr. Kennedy: Is there any chance of getting this in on the City of Miami? Ms. Karen Leff: This year? Or next year? Mrs. Kennedy: How about this year first? Ms. Karen Leff: No, this year the event is planned. I have a presentation, if I may. I know. Mrs. Kennedy: How about next year. Ms. Karen Leff: Good morning, Mr. Mayor, members of the Commission, City Manager... Mrs. Dougherty: Ah - no. Ms. Leff: ... My name is Karen Leff, and I reside at 6305 S. W. 92nd Court. I represent the United States Table Tennis Association. Mrs. Dougherty: Why don't you send.... OK. then, next time he comes. Haven't heard from Kantor? OK.. Ms. Leff: In June of this year, we're hosting the United States Open Table Tennis Championships in Miami Beach Convention Center. This tournament is a 68 May 28, 1987 world class competition. Approximately twenty countries from all over the globe will be participating. On behalf of the United States Table Tennis Association, I have been asked to help bring the team from Israel here to compete. By bringing the team to - from Israel, Miami would receive both local and national media attention. ESPN is giving this event complete coverage. For your information, Capital Bank, the VCA, Metropolitan Dade County Council of the Arts & Science have already endorsed and financially sponsored this project. Miami also has a large Jewish community that would be very scare and feel very good knowing that their local government cared enough to bring the team to Miami. By giving the United States Table Tennis Association $8,390, Miami would be reaching out across the waters in friendship. Thank you very much for your time and for your consideration. Mrs. Kennedy: Karen, how much has the Council of Arts & Sciences given you? Me. Leff: They're giving us $5,000. Mrs. Kennedy: Have you approached Miami Beach, also? Ms. Leff: No, we have not. Mr. Plummer: VCA, you said the VCA. Ms. Leff: Yes, VCA. Mr. Plummer: How - how much are you - how much are they... Mrs. Kennedy: And how much are they... Ms. Leff: They gave us $10,000. Mrs. Kennedy: I - I think that this is going to be great publicity for the City. If we can get some kind of a guarantee that we will get this next year in the City of Miami... Ms. Leff: We... Mrs. Kennedy: ... I will move this item. Mr. Odio: Commissioner, may I recommend something? Mrs. Kennedy: Yes. Mr. Odio: That she goes to the Greater Miami Chamber of Commerce, they have just created a countywide sports authority, or something like that - that she goes to talk to them. Ms. Leff: I've talked - I've talked with them and we're four weeks away from our tournament. This was a... Mayor Suarez: Who, specifically, did you talk to at the Chamber? Did you speak to the executive director? Ms. Leff: The executive director was contacted, and at this point in time, we were told to come here. Mr. Plummer: Yea! Mrs. Kennedy: Uh huh. Mr. Plummer: Yes! Mrs. Kennedy: That's nice. Mr. Plummer: Likely story. Ms. Leff; Well, that's why we're here. Mayor Suarez: That's the story of our lives. Mr. Plummer; Throw the check book. Ms. Leff: No, i think that the media attention would not only be for Miami Beach, but it would be for Miami. That's the whole point. I mean, this is an international competition from all over the world. We have twenty countries competing. There's going to be a lot of press on this. Mr. Plummer: Hey, be careful, are any of those countries communistic? No, be careful. Mrs. Kennedy: OK., and what are the chances of getting this in the City next year? Ms. Leff: Very good. Very good. We've had it for two years in a row, this is our third year and we're working on the fourth year. In fact, we're - we have the ball rolling for the fourth year. Now... Ms. Leff: ... as always, we're - we're just going with it. Mr. Plummer: Tell me the twenty countries involved. Ms. Leff: I don't have a list. Would you like me to try to remember them off hand? Mr. Plummer: Yes. Ms. Leff: OK., we have Korea, Puerto Rico, - we gave all of the South American countries coming... Mrs. Kennedy: Not again. Ms. Leff: Well, yes. We have the European countries coming, we have... Mrs. Kennedy: No, no, this is a private joke. Ms. Leff: ... Sweden, Germany - if you're - would you like me to continue? Mrs. Kennedy: Well - let - I'm, I'm going to move that we - that we give it to you. It's only a thousand dollars, if we can get it next year. Mr. Plummer: No, eight thousand. Mrs. Kennedy: Bight thousand! Ms. Leff: No, we're - we're asking for eighty-three ninety. Mr. Carollo: Which of the countries are coming again... Mrs. Kennedy: Well, eighty-three ninety, OK.. Mr. Plummer: She don't - she ain't saying. He. Leff: Eighty-three ninety - to bring Israel. Mr. Plummer: You know where the championship teams are from. Ms. Leff: That's what we were asking the money for. To bring Israel. Mr. Carollo: Yes, but what other - what other countries are coming there? He. Leff: The European countries, South American countries. Mr. Carollo: Yes, well, that's fine, there's a lot of countries in Europe and a lot of countries in South America. Which countries particularly. He. Leff: Germany, South Korea... Mr. Carollo: Which Germany? West Germany? Ms. Leff: West Germany is caning. I should have brought a list up here in front of me. Mr. Carollo: You're doing - you're doing - yes, you're doing great •o for, 70 may 20, 1987 Ms. Leff: Hungary - Hungary, Belgium, Chinese, Taipei, Korea, Japan, who else? Who else? Who else? Mr. Carollo: You said South Korea, correct? Republic of China and... Ms. Leff: Not China. No. Mr. Carollo: Republic of China... Ms. Leff: Not Red China. Mr. Carollo: That's what I'm saying. Republic of China. Ms. Leff: Sweden is coming. The Republic of China is not coming. Mr. Carollo: No, those - the ones that's not coming, Peoples Republic of China. Ms. Leff: The Peoples Republic of China is not coming, that's correct. Mr. Carollo: You got the right Chinese then. Ms. Leff: Chinese Taipei. Mr. Carollo: OK.. Ms. Leff: They're coming. Mr. Carollo: Outside of Hungary, what other countries in the Eastern Bloc do you have coming? Ms. Leff: As I said, I didn't make a list and I made an error by not doing that. I... Mrs. Kennedy: Eight thousand! Mr. Carollo: Now, these are not government officials, correct? Mrs. Kennedy: I moved it. Ms. Leff: No, sir, this is a sporting event. This is a sporting event we're hosting a tournament. We've had it two years here in the City. This is the third year. We just wanted to bring Israel over. The association asked me, try to bring Israel over. That's why I'm here. Mayor Suarez: I would have - or I would vote up to the City Manager's authority limit of $4,500, but... Mr. Odio: Mr. Mayor, to be honest, if you give me that authority, I will not approve it. Mayor Suarez: Well, that's not exactly what I said. I said I would vote up to what happens to be your authority, which is $4,500. Mr. Carollo: The problem that I see is this. Mr. Dawkins: What did she move? Mayor Suarez: She moved the full for eighty-three hundred dollars. Mrs. Kennedy: The eighty-three hundred. Mayor Suarez: Commissioner Carollo. Mr. Carollo: What I see is the following: That, it's one thing for us to consider it, and I certainly would consider it if it was being held in the City of Miami. But, if it's being held on Miami Beach, my God, why don't they go to the Miami Beach Commission and let them put up the money, it's being held in their City. No. Leff: Well, as I say, air, the people that have already contributed to this, is the Council of the Arts A Sciences, the VCA, and Capital Baak. They have,.. May 28, 1907 71 0 0 Mr. Carollo: And that's us too. We contribute a lot of that money from our hotels here in Miami. Ms. Leff: OK.. Mr. Carollo: In fact, we probably contribute about half the money to the conventions of that bureau from our hotels in Miami. Mrs. Kennedy: When is the... Mr. Carollo: Forty-seven percent to be exact. Mrs. Kennedy: When is the next Miami Beach Commission meeting, do you know? Ms. Leff: No ma'am, I don't. Mr. Carollo: Well... Mrs. Kennedy: Well, I'm sure they have one before your tournament. Mr. Carollo: Again, if you're going to have it in Miami next year... Ms. Leff: We are having it in Miami next year. Mr. Carollo: I will look very positively in helping you out with some reasonable contributions. But I find it very difficult to approve anything if it's not going to be held in the City of Miami. Ms. Leff: Well, the press... Mrs. Kennedy: OK., you want to go to Miami Beach and then come back to this Commission. I'll schedule you on the agenda in two weeks, and see what happens with them. Ms. Leff: Well, unfortunately, the tournament is in four weeks, and I don't think there's enough time - three weeks, actually - three weeks. Mrs. Kennedy: Yes, but the feeling - I mean, I'm for helping you, but I don't know... Ms. Leff: And I understand. Mrs. Kennedy: ... if you have three votes here. Ms. Leff: I understand. I understand because it's being held on the City of Miami Beach. Mrs. Kennedy: Right. ' Ms. Leff: But the press doesn't differentiate between that, because we're bringing so many countries over. Mayor Suarez: They also don't pay for the event, the press. Ms. Leff: No, they do not, they do not. I was simply asked, on behalf of the United States Table Tennis Association to come to the City of Miami because I am a resident of the City of Miami for 35 years. Mr. Carollo: Cesar. Ms. Leff: They asked me to come to my City Commission and see if I could bring them. Mayor Suarez: You - you understand? - from your address that you gave, you don't live in the City of Miami proper. No. Leff: OK.. Mayor Suarez: You don't live within our jurisdiction. OK.. Just to clarify it, we do have limited jurisdiction and limited taxing powers within that Jurisdiction, you see. I wish we could collect the monies from the area that you live in. 72 Noy 28, 1947 Mr. Carollo: Well... Ms. Leff: But I'm not the only one involved. Mayor Suarez: I know, I know. Mr. Carollo: Hey, can I ask you one more question? Ms. Leff: Yes, sir. Mr. Carollo: Did you all go through our administration for them to review the proposal that you have? Ms. Leff: I beg your pardon? Mr. Carollo: Did you go through our City Manager's office... Ms. Leff: I went... Mr. Carollo: ... for them to review the proposal that you have? Ms. Leff: I was put on the agenda by Liz Siera. Mr. Carollo: OK. - well... Mr. Odio: She - she -but - this - this ... Mr. Carollo: Mr. Manager... Mr. Odio: ... item was not reviewed, but even if we did review it, my recommendation would be the same. Mr. Carollo: Yes, but the problem being, Mr. Manager, is that we have a resolution that states that we will not consider any item, and this has nothing to do with you, Ma'am, you know, placing this item, we will not consider any item until it is reviewed by your office. Mrs. Kennedy: And you didn't review it? Mr. Carollo: You know, so I would hope that the administration would not place items on the agenda from now on unless they comply with our resolution and they are reviewed by your office beforehand. Mrs. Kennedy: Well, did you review it or didn't you? Ms. Leff: I sent a letter to Mr. Odio. Did you get my letter, sir? Mr. Odio: You did. Ms. Leff: Yes, sir, I did. Mr. Odio: I placed it on the agenda knowing that I would recommend denial. Ms. Leff: All right, but I did - you - I... Mr. Odio: There was - there was - the process was not completely followed but being in Miami Beach just to let you speak here, that's what I did it for so that you would not be denied the right to speak to the Commission. And I - I still say that you should go back to Miami Beach. Mr. Carollo: If you like, you can go to my office and my office will contact ` the City Manager there, Rob Parkins, and make sure that you get an appointment to see him. Ms. Leff: Thank you very much. Mr. Carollo: Please, and again, come next year, and I'm sure we will look at It favorably. Ms. Leff: OK., thank you very much. t 73 may 24, 1987 Mrs. Kennedy: No, it's OK.. ---------------------------------------------------------------- 23. RENAME THE FLAGAMI PARK SENIOR CENTER AS "DR. ARMANDO BADIA CENTER" Mayor Suarez: Item twenty-two. Southwest Social Services Program. Mr. Plummer: That for the lady who did the most work on it besides these people here, and I so move item twenty-two. Mrs. Kennedy: I second. Unidentified female voice: Yes. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-497 A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF SOUTHWEST SOCIAL SERVICES TO RENAME THE FLAGAMI PARK SENIOR CENTER AS "DR. ARMANDO BADIA CENTER". Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. DURING ROLL CALL: "Ms. Hirai: Mr. Carollo. Twenty-two, item twenty-two. Unidentified female speaker: Thank you very much. Mrs. Kennedy: Wait for the vote. Mayor Suarez: Don't thank us yet. Mr. Dawkins: Yes, Joe vote yet. Mr. Carollo: Of course, yes." Mr. Plummer: You were eloquent this morning. Mayor Suarez: We have the uncle of the state representative, good to have you here. 74 may 28, 1987 24. ADMINISTRATION TO REVIEW AND BRING BACK RECOMMENDATION RE: REDEVELOPMENT OF BROWN HOUSE ON WATSON ISLAND Mayor Suarez: Item twenty-three. We're just... Mr. Plummer: Humpty Dumpty. Mayor Suarez: ... having materials passed to us on it. Mr. Peter Andolina: My name is Peter Andolina. I live at 3220 Awewa Place, Miami. For the record, I have taken annual leave from the Downtown Development Authority today so that I could appear here as a private citizen. I'm here on behalf of Dade Heritage Trust on whose board I serve. We're here to request that the City Commission consider the redevelopment of the Brown House property on Watson Island as a separate project from the whole development of the island. I sent a letter out with some of the background information last week. I hope you all received it. You have a - a picture of what the Brown - the completed Brown house looks like. As you may recall, the prop - the Brown house was located on property owned by Mr. Hollo, Florida East Coast Properties. When the City Commission approved the development of a hotel on that site, Mr. Hollo agreed to contribute the house to Dade Heritage Trust and to also contribute $100,000 towards the move of the house. At the time that the City agreed that the house could be moved to Watson Island and there was discussion of reuse of the property for a waterfront restaurant, or for a dockmaster's headquarters for the various marinas that were being considered, or already in existence on Watson Island. As you are aware, the move was unsuccessful, to say the least. One-third to one-half of the house was destroyed in the move and... Mr. Carollo: Where did it fall apart at? Mr. Plummer: Right on a bridge. Mr. Andolina: It was on the - on... Mr. Carollo: Watson Island bridge? Mr. Andolina: On - on the Rickenbacker Causeway about... Mr. Plummer: No, no, no, no, no, no - not Rickenbacker... Mr. Andolina: Or excuse me, the... Mr. Plummer: MacArthur. Mr. Andolina: ...MacArthur Causeway, and it was... Mr. Carollo: I'll tell you, that Watson Island is not too lucky of an island. Mr. Andolina: So that approximately one-third to one-half of the house was destroyed. Mr. Carollo: Don't feel bad, it's taken bigger fish now. Mr. Andolina: The estimated cost to reconstruct the house is $165,000. A committee was established by Dade Heritage Trust to begin generating funds for the reconstruction, and to look into ways and means of re - reconstructing the house. When the City solicited proposals for the master development of Watson Island, the RFP did include a requirement that the house be reconstructed as part of whatever project was developed. The Marine Exposition Center Project did include the redevelopment of the house. During the time that project was under consideration by the Commission, Dade Heritage Trust and its Brown House committee remained idle, except to safe up the property by sealing up the doors and windows and putting a fence around it. Now that there is no longer a master development plan for Watson Island, we're here today to ask that the City consider developing that portion of the island separate from any further consideration of a master development of the island. Because to let the house stand as it is much longer, will render it almost irreparable because we're 75 May 28, 1987 constantly facing damage by vandals and the possibility of storm damage because the house is not intact. So that's basically why we're here today. Dade Heritage Trust has approximately $80,000 to put towards the reconstruction of the house, and we stand ready to work with City staff on any requests for proposals, or any other work that might be necessary to bring the realization of the reconstruction of the house to fruition. So, I guess our bottom line is to just ask that you would instruct staff to come back with some proposals on how the property can be reused and reconstructed. Whether it be for City purposes or to go out in the form of an RFP for some kind of private sector development. Mr. Plummer: Where are you going to get the other $85,000 from? Mr. Andolina: That's what we'd be hoping would come from whatever reuse was going to be made of the project. If it was going to be let out to the private sector that that be one of the conditions of the development, that they furnish the balance of the funds necessary to reconstruct the house. Mayor Suarez: I'll entertain a motion to that effect. Mr. Plummer: I - I make a motion that we send it to the administration for study. Mayor Suarez: Especially what you're asking, right Peter? Mr. Andolina: That - that's it, yes. Mayor Suarez: So moved. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 87-498 A MOTION REFERRING BACK TO THE ADMINISTRATION TO STUDY THE ISSUE CONCERNING REDEVELOPMENT OF THE BROWN HOUSE ON WATSON ISLAND; FURTHER INSTRUCTING THE ADMINISTRATION TO REVIEW THIS MATTER AND TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Commissioner Carollo changed his prior negative vote on item 16, R-87-495, to "yea". 76 May 28, 1987 25. PUBLIC HEARING CALLED RE: EXTENSION OF EDISON LITTLE RIVER TARGET AREA BOUNDARIES Mr. Dawkins: Mr. Mayor, Lori's been here for four meetings, and each time I ask that the item be scheduled and it's not scheduled. May we hear from her now... Mayor Suarez: Absolutely. Mr. Dawkins: ... and see if we have to schedule this item. Mr. Carollo: Not only that, Mr. Manager, but Miller has just reminded me of something. We were supposed to have on the agenda today, Liga Contra Cancer. What happened? Mr. Dawkins: Yes, go ahead. What should we do? Mr. Carollo: Here we go again, you know. We keep deferring it and deferring it. It's been over two years now that... Mr. Plummer: Which item, Joe? Which item? �. Mr. Odio: No, we were told, Commissioner that the next regular Commission meeting. Mr. Carollo: League Against Cancer. No, it's in the next meeting. Next meeting. Mr. Odio: OK.. Mr. Dawkins: No kidding. Mrs. Kennedy: Which item is that? Mr. Plummer: League Against Cancer. Mayor Suarez: Yes, Tony ..... Mr. Dawkins: That's good... Mrs. Dougherty: That's it, I guess. Mr. Carollo: I'll tell you, I think I'm going to have to bring Demetrio Perez back as a paid consultant to translate for people around here. Mrs. Kennedy: I'll pretend not to hear. Mr. Plummer: The translation is no say nada. Ms. Lori Weldon: OK., do you want me to go ahead? Want me to proceed? OK.. Good morning, my name is Lori Weldon, I'm chairperson of the Edison Little Haiti Community Association. My concerns was the expansion of the boundaries in the Edison Little River target area to include Biscayne Boulevard. Now, I am definitely opposing this extension because our concerns or the concerns of Biscayne Boulevard are definitely different from our concerns. We, at this time, are having a hard time getting funding for social services and economic development we need in the area. Nov, to extend these boundaries, you're not extending the cap for the neighborhood and I feel personally, I may be wrong, that the economic development would be geared toward Biscayne Boulevard so that Biscayne Boulevard will look good on both ends in regard to Bayside and on down the line because I know that there has been continuous argumentation about the prostitutes on Biscayne Boulevard... Mrs. Kennedy: Oh, oh, oh. Mayor Suarez: Right. Ms. Weldon ...the motels, etc. 77 May 28, j987 Mayor Suarez: OK., when - when it - when is it that we're going to consider that expansion or extension of the boundaries? Mr. Dawkins: We've already done it. Ms. Weldon: It was on the agenda, I asked it should be deferred, because I found out the last moment about that. Mayor Suarez: OK., but do you know when it's scheduled - did we already... Ms. Weldon: No, ah... Mayor Suarez: ... decide it, or... Ms. Weldon: ...community development made the recommendations, so I would guess that Frank Castaneda knows when he wants to put this into effect. Mayor Suarez: Frank, did we decide this already? Mr. Frank Castaneda: I'm sorry, what was the question? Mayor Suarez: The extension of the target area for Community Development Block Grant monies to include parts of Biscayne Boulevard in the northeast. Mr. Castaneda: I understand from the City Clerk that this - this had been approved, and the question is whether the Commission wants to reconsider this item. Mayor Suarez: We have no problem reconsidering it, right? Mr. Castaneda: That - that's up to... Mr. Plummer: Well, your only problem is because I don't recall, was there a group here from Biscayne Boulevard who, you know, maybe asked for it and now that it's been done and they feel that it's been done, you're going to go back, I think if you're going to bring it back, the item to be reconsidered... Mr. Dawkins: Public hearing... Mayor Suarez: OK.. Mr. Plummer: ... you've got to notify those people involved. Mr. Dawkins: Yes, it's got to go to a public hearing. Mayor Suarez: Let's schedule a public hearing on that item with both sides represented and I understand your concerns, Laurie. In fact, there was an application made by Allapattah in the state, just to give you an illustration for certain community development type funds under a state program, I forget the name of it, and they didn't get it and a group from the northeast did get theirs approved and it's competition that I don't know that's resulting in the correct priorities - I - Frank, do you want to... Mr. Castaneda: Yes, let me just explain that the reason that staff recommended the expansion to Biscayne Boulevard is because the Commission said, you know, they had a tremendous concern of what was going on on Biscayne Boulevard and the Commission is recommending a new community based organization to handle Biscayne Boulevard and also for a facade program and that was the reason for the extension. Obviously, if you do not extend it then we cannot do those items. Mayor Suarez: OK.. Ms. Weldon: It is my understanding there are already organizations on Biscayne Boulevard; the Greater Miami Chamber of Commerce, the North Miami Beach, so they're already established. Mayor Suarez: We just approved for funding a CBO in that area _s what Frank was saying and presumably. Me. Weldon: Oh, OK.. 78 Noy 26$ 1907 Mayor Suarez: ....when we do that it means that we expect them to be doing certain activities with C.D.B.G. funds. Ms. Weldon: But they won't. Mayor Suarez: Let's - let's go ahead and call for a public hearing and make sure that Lori is aware of the time and why don't we decide it today? Mr. Castaneda: I would suggest to do it on June 11th, which is the time that all these CD -related items are coming back and... Mayor Suarez: Let me make sure that we clarify that. It's got to be a separate item on the agenda so everybody knows that that's what's going to be discussed, not just sort of a global reference in the agenda, Aurelio, and Mr. City Manager. Because she's been here five times and each time we don't make the determination on that particular point. Mr. Castaneda: Right, but the only... Mayor Suarez: At least without considering it specifically. Mr. Castaneda: ... the only point that I'm trying to make is that that item should be considered prior to approving the community base organizations. Mr. Plummer: Well, put the two items together on the agenda. Mayor Suarez: Right. Mr. Castaneda: Right. Mrs. Kennedy: OK.. Mayor Suarez: And clarify that we're going to have a hearing on that particular point so that, as suggested by the Vice -Mayor, the other side can be heard. Call the roll on that. Do we have a motion and a second on a public hearing? Mrs. Kennedy: Move it. Mr. Plummer: If you need it, sure. Mayor Suarez: Why don't we go ahead so that we make sure that the message gets to the... Mrs. Kennedy: Move it. Mayor Suarez: We have a motion and a second. Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-499 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING TO BE HELD AT THE REGULAR CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 11, 1987 REGARDING THE EXTENSION OF THE EDISON LITTLE RIVER TARGET AREA BOUNDARIES TO BISCAYNE BOULEVARD. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 'j Mayor Xavier L. Suarez , None. i NOES: ABSENT: Commissioner Miller J. Dawkins If 79 May 280 1987 NOTE FOR THE RECORD: Item 25 was deferred to 6:00 P.M. 26. DISCUSSION RE: RECRUITMENT OF FIREMEN OUT OF CITY LIMITS Mayor Suarez: Item twenty-seven. Mr. Odio: I'd like to withdraw that one, Mr. Mayor. Mr. Plummer: No, no, no. You're not going to withdraw it. Mr. Odio: Yes, sir. Mr. Plummer: No. You can withdraw it, but I'm going to discuss it. Mayor Suarez: OK., Commissioner, Vice -Mayor Plummer, what point do you want to make on twenty-seven because I have a feeling I'm going to agree with you. Mr. Plummer: No, on twenty-six. Mayor Suarez: Oh. Mr. Odio: No, no, I'm talking about twenty-seven. Mr. Plummer: You want to withdraw twenty-seven? Mr. Odio: Yes, sir, I need to get staff together on this one. I have three different opinions and till I get them on one direction... Mr. Dawkins: Well, there's one opinion up here. I'm not voting to go nowhere outside of the City of Miami to get nobody. Mayor Suarez: You've got another one that says the same thing right here. Mr. Odio: Fine, so we... fine. Mayor Suarez: And I thought I read the Vice -Mayor saying the same thing in today's Herald, so... Mr. Plummer: Don't trust that; but that's true. Mayor Suarez: OK.. Mr. Plummer: Well, wait a minute, now. On that same related subject. Mr. Manager, I don't know if other Commissioners are having the same problem that I am. Is it a fact that if a person takes a civil service exam for either police or fire and they do not pass or do not be accepted, that they can have no way of finding out the reason? Mr. Odio: I'll have to check that one, Commissioner, I don't know. Mr. Plummer: Well, I'm getting calls in my office. One young man has been turned down after they did all of the background check and everything and I'm not questioning their right to deny, but I am questioning that this individual does not have the right to know why he was denied. Now, have the rest of you got calls on that? Mr. Dawkins: See, and the part... Mr. Plummer: I mean to me, I don't know, the Public Record law, I guess, is why I'm bringing it up. Mrs. Dougherty: Those kinds of examinations are confidential. Mr. Plummer: But to the individual? He doesn't have the right to know why? Mr. Dawkins: To know why he was turned down? 80 may 200 1987 Mrs. Dougherty: The truth of the matter is, I believe, that they don't want to get into a situation where they have to justify the reasons for turning them down. That's my best... Mr. Dawkins: I don't understand that. I don't understand. Mrs. Kennedy: I don't call that justification. Mrs. Dougherty: They don't - I don't know why, I can't answer your question. My feeling... Mr. Plummer: It just seems logical to me that if a man was turned down, whether it was for grades or whatever the arduous process that they go through... Mr. Dawkins: He's cockeyed or you don't like the way he part his hair. Mr. Plummer: ... that he, as an individual, has the right to ask and be told why. OK.? Now, as you and I know, a lot of these people are being turned down for drugs. OK., now, doesn't that individual have - if he doesn't know that he was turned down for drugs, how does he have a reason to go and get a second test or the ability to say, hey, that test was wrong? Mr. Odio: I had one case where the person was turned down because of drugs and I was told by the Law Department that, don't tell him that because we can get into a haggle. So, we don't tell them. Mr. Plummer: But is that fair, I guess, is what I'm saying? Mr. Carollo: You better believe it. Mr. Plummer: Is that fair to in... huh? Mr. Carollo: You better believe it. If it's going to expose the City, J. L., to any kind of law suit that is going to cost us in our Legal Department, spending time, energy - in other words, dollars, and any possibility of us having to pay anything in the liberal courts that we have today, then you better believe it, it's fair. Mr. Plummer: Joe, Joe, that's not... Mr. Carollo: It might not be fair to those people, but it's fair to us. Mr. Plummer: OK.. Joe, let's just use an example. A kid is turned down because in one of the tests he was shown to have had marijuana. Let's just use that hypothetically. That's a reason for denial and I would back that to the fullest. The question is, as Ken Nelson has said in some cases demanding a second test in other types of evaluation, if this kid doesn't know why he was turned down, where does he have the right to fight to say, hey, that was not right and I have the... Mr. Carollo: Well let me ask you this in your business when you hire a new employee. Mr. Plummer: Yes. Mr. Carollo: Those others that you interview that you didn't hire, do you inform them why you didn't hire them? Mr. Plummer: Joe, to answer your question, in my personal business, the answer is "yes, I do". OK.? And it's usually because I take the one most qualified is the usual reason because I don't do drug testing or that kind of a thing. I'm just saying that it seems like to me, if a man has been rejected, that he has the right to know why he was rejected. And it... Mayor Suarez: But we tell them that we hired someone more qualified, I mean, that's a very general answer that you give your employees. Mr. Carollo: J. L., let me say this to you, there are a few major businesses in private enterprise, the private sector, that will inform a potential employee of why they have not hired him. And I think..... 81 May 28, 1907 Mr. Plummer: Well, OK.. I'm just putting it on the record, because there seems to be, to me, a sense of unfairness when a person doesn't have the right to know why he failed. Mr. Carollo: 1 agree with you on that. Mr. Plummer: OK.? Mr. Carollo: However, since we have to run the City as a private business and we have the responsibility... Mr. Plummer: Well, let me... Mr. Carollo: ... I think that we also have the responsibility to make sure... Mr. Plummer: Let me ask this question, Joe. Mr. Carollo: ... that we're going to be fair to the taxpayers. Mr. Plummer: All right. Let me ask this question. Mr. Manager, if a man in application is turned down for drugs without his knowing about it, is he afforded the opportunity to take a second test? Mr. Odio: I believe the answer to that is no. Mr. Plummer: Yet... Mr. Odio: The opportunity is given to those City employees that fail the drug test because we certainly need to protect them in all cases, but why should we worry about somebody that's trying to work for us whether he gets a second chance on a drug. If he fails the drug test, he fails the drug test, goodbye. We don't even need to worry about that guy. Mr. Plummer: Well, OK.. Mrs. Dougherty: Mr. Commissioner, I have just been informed by one of my assistants as to the reason why we do this. There is an exemption in the Public Records law for a examinee of an exam to look at his own exam. However, we don't put it in a file that somebody failed the drug test because we don't want that as a public record against this person. Anybody could come in and look at the public record, not just the examinee, but could see that they have failed the drug test. We think that that exposes the City to liability for lible and having to prove it and so we don't do it. Mr. Plummer: Ken, you speak to it. Because I know your comments at the last meeting about the drug testing. Mayor Suarez: Well but wait, Ken, that doesn't contradict what we've been talking about. The fact that there is no file that includes that information as a result of that drug testing doesn't mean the individual cannot be told that he failed the drug test. Mr. Plummer: But he's not. If that individual, if... Mayor Suarez: Right that's why I'm saying, you may be right, now maybe just telling him that... Mr. Plummer: ... if that individual calls the Police Department or writes the Police Department, "or appears there in person and says," "why was I denied?" They will not give him an answer. Mayor Suarez: And let me tell you, all he has to do is send a demand letter. I am sure that legally he In entitled to know how the results of that exam came out. Mr. Plummer: Weil, Mr. Mayor... Mayor Suarezi Am I not right in that, Madam City Attorney? Mrs. Dougherty: If it's aa, examination, yea. Mr. Plummer: You're speaking about a drug examination? 02 bay 1987 Mrs. Dougherty: Don't know if that would be considered examination. Mayor Suarez: So we probably ought to be considering what you were talking about. And, at the very least, telling them that they have failed the... See, that doesn't expose him to a public records inspection in any way. That's just telling him, you failed the drug test. Mr. Dawkins: A guy comes in with back trouble and we give him an x-ray and the x-ray shows that he has a bad back and you don't hire him. You don't tell him he's got a bad back? But what I'd like to know is, Mr. Manager, it says here in this paper, that last year 672 applicants passed the tests for the Fire Department, OK.? Fifty-six were hired. Now I stood right here and browbeat a young fellow, who was a White fellow, who said that he was turned down and we went through a thing, and the gentleman is right. You also turned down 224 Whites. And then you're going to tell me that these people, according to you, are qualified. They passed the test. So now, here's 672 people within the City of Miami ready and able to go - to be firemen and you tell me we got to go outside the county? Explain it to me. Mr. Odio: No, no, I didn't say that, Commissioner. The, the -we... Mr. Dawkins: The Chief said it, that's right. Mr. Odio: We brought it here... Mr. Dawkins: Well, it says here, the Chief said, "it will give us a great opportunity to recruit on a wider basis." Mr. Odio: I am getting conflicting reports and that's why I'd like to withdraw that so that I can analyze that report. The Fire Chief had that opinion, he told me he needed a wider base. The consent decree says something different and I can read that there are three votes that says we stay within the City anyway. Mrs. Kennedy: Obviously we're getting... Mr. Dawkins: Do me a favor, sir - do me a favor... Mr. Plummer: ... let's try to help unemployment in the City, you know, rather than unemployment in the outside. Mr. Dawkins: That's right.' You know, that's all. Let Sergio hire those in the County. Mrs. Kennedy: OK.. Mr. Odio: This was not a recommendation, but a discussion... Mr. Dawkins: A discussion item, OK.. Mr. Odio: ... so that we put that to rest once and forever. Mr. Dawkins: But now you know how we all feel about it. So we're through with that. OK.? Mr. Plummer: Mr. Mayor, with your permission, I'd like to hear from Ken Nelson. Mayor Suarez: Yes. Please, Ken. Mr. Ken Nelsons Ken Nelson from the FOP. I would just like to say I think that the City has an obligation, not only to the prospective applicant but to the City as well, to notify the applicant of why they failed because if the don't, what's to keep that applicant from coming back and wasting our resources and applying again. However, I have to agree with the thought here that we can't open up Pandora's box to civil litigation. I'm wondering if It's possible that the City could go ahead and have some type of waiver to where if they do release the results to the applicant, that City wouldn't be liable for any type of litigation against it and I think that would clear up all the problems that we have if they did that. 89 May 28, 1907 Mrs. Dougherty: And we wouldn't have to go into getting a dispute as to whether or not we were correct or not. 1 agree, that's a good idea. Mr. Nelson: Yes. Mr. Plummer: Well, I think that it's - Madam City Attorney, why don't you pursue it and come back with some kind of recommendation to this Commission because I just feel that if a person is denied, he has the right to know. If he's going to try to improve himself, how does he know where to improve if he doesn't know where he didn't measure up? Mr. Nelson: I have to say I agree with that, J. L., because you have to know where you're deficient at so you can try and improve in those areas so you can come back and apply if there is a possibility of you getting a job. Mr. Plummer: Come back and make a recommendation to us, please. Mr. Dawkins: It's twelve o'clock, Mr. Mayor. Mr. Plummer: What time are we coming back? Mrs. Kennedy: Two? Mayor Suarez: Commissioner Kennedy has a request that we be back at two, because she has to leave at 7:00. We can get through things a little quicker. Is that OK. with... Mr. Odio: Mr. Mayor. Mayor Suarez: ... yes, Mr. City Manager. Mr. Odio: Yes, sir. I have just been notified that we do tell the applicants verbally that they have failed the drug test, or anything like that. Mayor Suarez: Yes, that... Mr. Plummer: You tell them, but not the reason why. Mr. Odio: They tell them. Mr. Plummer: No, sir, you do not. Mayor Suarez: That they have failed the drug test - they do tell them when that's the reason. Mr. Odio: I was just... Mr. Plummer: Absolutely - absolutely. Who told you that? Mr. Odio: The Personnel Department. Mayor Suarez: Well, maybe you ought to get... Mr. Plummer: Well, you tell the Personnel Department that that is absolutely false. Mr. Odio: Commissioner, let me tell you a little story. I had one applicant that I know was told and he still came back to me trying to get in a job and finally f ind out why he was turned down and he kept denying that he was told that and I know he was told. Mr. Plummer: Well, I'm telling you that I have a case right now on my desk that he was absolutely denied the right to know about why he failed. It has no bearing on any segment. He only asked why. Wait a minute - wait a minute, Mr. Manager, I was told by Mr. Bads that you have to pass the Dinner Key prior to lunch. Is that correct? Mr. Bads: (OFF MIKE INAODIBLB) Mr. Plummer: Oh, oh, OK., I'm sorry. Mayor Suares: All right, we're reconvening at 2:00. Please be prompt. 84 May 280 1987 T�: 1 t r Mr. Carollo: 2 won't be able to be back until around 2:30, so. Mayor Suarez: Let's shoot for 2:15, please, everyone so we can get started quickly. This Commission will reconvene at 2:15. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:02 P.M. AND RECONVENED AT 2:31 P.M.,, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONERS KENNEDY AND CAROLLO. 27. INVESTIGATION ORDERED RE: LIABILITY INSURANCE COVERAGE RELATING TO MIAMI ROWING CLUB Mr. Plummer: Mr. Mayor, while we're waiting for... Mayor Suarez: Mr. Vice -Mayor. Mr. Plummer: ... other members of the Commission, I have read in this afternoon's paper an article... Mr. Odio: You read that paper? Mr. Plummer: Yes, I do, I subscribe to that paper and I still say that the best newspaper in this community is the Sunday Edition of the Miami News. Mr. Mayor, there is a question raised that is very close to everybodys' heart because it is creating problems throughout the state, throughout the nation in reference to liability insurance. I was the very one who brought to this Commission the same problem that we had in the Grand Prix. Mayor Suarez: I remember that and it was reduced from twenty-five to 5 million, I think. Mr. Plummer: It was reduced from twenty to five. Mayor Suarez: Twenty to five. Mr. Plummer: But I think the important factor, Mr. Mayor, is that the maximum that we could get in the Grand Prix was five. That was the maximum. Now, I would suggest at this time that we send to the administration the same procedure that we followed with the Grand Prix. And that is, as I recall, to the Property Management that they search independently to make certain what is the maximum that can be had and, if so, at what premium? If they are not able to comply with the contract of $1,000,000 life insurance, then this Commission must deal with that as we did with the Grand Prix. That as long as a diligent effort has been made in every way possible to comply with the contract, and it is impossible, then this Commission will have to make a determination after that finding as to what we feel should be done. So, at this time I would ask - or make in the form of a motion that we follow the same procedure that we followed with the Grand Prix, asking Property Management, who is the appropriate office, excuse me? GSA, I'm told. To make a diligent independent analysis as to what is available and what is not and report back to this Commission at the next Commission meeting if, in fact, a determination is made to be under what is required in the contract, and I so move. Mr. Dawkins: Second and under discussion. Is that limited to rowing activities? Does that include the "For Sale" facility that make money out there and other activities that not - as per the article, not limited to or dealing with the Rowing Club? Did that include all of that? Mr. Plummer: Commissioner Dawkins, my words and thoughts were directly pointed to the contract. The contract calls for $1,000,000 of liability. It is the understanding that they cannot get $1,000,000 of liability and under that circumstances, I am not precluding anything. What I am saying is, we would ask GSA as we did with the Grand Prix to investigate the matter, see if, in fact, there are other avenues available, but I am speaking primarily to the contract. The contract calls for one million. The contention is that it is S5 may 28, 187 not available. GSA would investigate and if, in fact, it is not available, then bring it back to this Commission and we will deal with it appropriately. I am not, at this point, ready to speak to the rest. Mr. Odio: Mr. Mayor, Mr. Plummer... Mr. Plummer: I don't lock it out, don't misunderstand me. Mr. Odio: Mr. Mayor, may I say something? Mayor Suarez: Mr. City Manager. Mr. Odio: I'd like to request that the City Attorney come back with an opinion whether I would have a conflict of interest. It is not a secret of MY... Mr. Plummer: No, Mr. Manager, I don't want the City Attorney to rule that. I would like you to stay out of it. Mr. Odio: Well. Mr. Plummer: I'd like you to stay out of it. Mr. Odio: I cannot stay out because... Mr. Dawkins: That's all. That's all. You're out of it. You are - out of it. NOTE FOR THE RECORD: Commissioner Kennedy entered the meeting at 2:37 p.m. Mr. Plummer: OK.? Mayor Suarez: Yes, it could be a report made directly to this Commission by another member of the staff. Mr. Plummer: And, Mr. Mayor, if it please this Commission, I personally would work with the matter. If it would please this Commission. Mr. Odio: Right - I would appreciate... Mr. Dawkins: You don't speak Spanish, I don't think you're the one to work with him. I think the Mayor needs to work with him. Mr. Plummer: No, air, insurance company speaks dollars and that's what I speak, sir. Mr. Odio: But I don't want anybody to put a veil on something that is very positive to try to create an atmosphere of doubt whether we - that club is benefiting from my being here as City Manager. And, yes, I row every morning and that's my privilege to do so and I don't care what anybody writes about. Mr. Dawkins: You're just like the Police Chief. You don't know when to stop talking. Mr. Odio: Yes, sir. Mr. Dawkins: You really don't. Mr. Plummer: Mr. Mayor, I would only - I'll tell you what, I don't want to be appointed to that. But I would like... Mayor Suarez: Why don't we have the City Attorney report back to us on the whole issue? NOTE FOR THS RECORD: Commissioner Carollo entered the meeting at 2:37 p.m. Mr. Plummer: That's - well, and GSA, they're the ones who do the actual - that's fine. Mayor Suarea: Yes, have GSA report back to the City attorney and back to up. f In the process, if there is a possibility of reducing the requirement for z ut whether tes any insurance, toof reformation on the contract or anything toa that aeffect. problems in=-* would � think not. I Mould think it Mould not be a... $6 may iOf rst Mrs. Dougherty: The contract specifically says that you can modify the insurance requirements. Mayor Suarez: Oh, it does say, OK., great. Mrs. Dougherty: It's right in the contract. That is not so with the uses made of the facility. Mr. Plummer: Well, you know... Mr. Dawkins: Well, I'll be getting a memo to you on the uses so let's don't even worry about that. Mr. Plummer: I thank that, Mr. Mayor... Mayor Suarez: I've got a memo out, too, also on the uses and, Mr. City Manager, if you would... Mr. Dawkins: If you've got one, I'll leave it alone. I... Mayor Suarez: OK., if you would refer that to the City Attorney and maybe she can get back to me on that information. That way, you won't be in a position of having to wear two hats here. Mr. Dawkins: That's right. OK.. So be it. OK.. Mayor Suarez: Do you want to incorporate that into the motion? Mr. Plummer: That's fine, sir, I have no problem. Mr. Carollo: What is the motion? Mr. Plummer: The motion is that we instruct the administration, the City Attorney, and G.S.A. to go out and to investigate the liability insurance for the Roving Club to see whether or not, as we did with the Grand Prix, whether or not there is $1,000,000 available or not available and report back to this Commission in case we have... Mr. Carollo: And do it with all the other people that have City leases that are similar to that - everybody. Mr. Plummer: Well, I would say, Joe, that anyone who would be in breach of contract. Mr. Carollo: Well, yes, but we don't know if they are... Mr. Plumper: OK.. Mr. Carollo: ... so let's verify everybody. Mr. Plummer: I have no problem. Mr. Carollo: Since we're... Mayor Suarez: Why don't we get certified copies of the insurance policies of all the... Mr. Carollo: Plus, I would like to get a legal interpretation from the City Attorney insofar as if they're in violation or not of their lease in the parties that they're renting the hall for. Which - let me say this for the record, I see nothing wrong with it. However, if there In an interpretation that they might be in violation, then they should come before the Commission so that this Commission could approve it and the City could have additional funds and they could have some additional funds to run the place. Mrs. Dougherty: I'll be happy to do that but I just want to put one thing on the table that sight be a problem and that is, because it is a waterfront r' property, it may have to go to referendum before you could even modify it. ; ?hays just something I have to research.... `. Mr. Plummer: 19=use me, if we modify it. R: 87 May 281, 1987 r � �f Mrs. Dougherty: Correct. Mr. Carollo: Well, if they're in violation of the lease. We need a legal opinion. Mrs. Dougherty: That's right. Mr. Carollo: So, we need for you to do Lucia, is to research it and see if they are. They might not be, I don't know. I have never seen their lease or, for that matter, any of the other leases. Mrs. Dougherty: All right. Mayor Suarez: Now, you're not referring to the insurance part though, we have.... Mrs. Dougherty: No, the insurance part is something separate. Mayor Suarez: You've told us that that is already has a provision already built in that we can modify that according to circumstances. OK.. Mr. Carollo: This is something, Mr. Manager. You know, he can't even row now, you know, without having all these problems. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll on that motion and a second. Mr. Carollo: I'll tell you. Mayor Suarez: Do we have a second, Madam City Clerk? Mr. Carollo: See, see what being a public servant brings you. Mr. Odio: Yes, I'm thinking about that one very seriously. Mayor Suarez: I need a second on that motion. Commissioner Dawkins, you seconded it? Mrs. Kennedy: Second. Mayor Suarez: He had seconded it for discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-500 A MOTION AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION, CITY ATTORNEY AND THE DIRECTOR OF GENERAL SERVICES ADMINISTRATION DEPARTMENT TO INVESTIGATE THE ISSUE OF LIABILITY INSURANCE RELATING TO THE MIAMI ROWING CLUB LEASE, IN ORDER TO DETERMINE I WHETHER THE $1,000,000 LIABILITY INSURANCE COVERAGE REQUIREMENT IS AVAILABLE; FURTHER DIRECTING THAT A SIMILAR DETERMINATION BE MADE REGARDING ALL OTHER SIMILAR USERS AND TO REPORT BACK TO THE CITY COMMISSION; AND FURTHER REQUESTING THE CITY ATTORNEY TO PROVIDE A LEGAL INTERPRETATION AS TO WHETHER THE MIAMI ROWING CLUB IS IN VIOLATION OF ITS LEASE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 88 may 26, 1907 f AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier D. Suarez NOES: None. ABSENT: None. Mayor Suarez: The functions that are held over there at the Rowing Club, I went to one recently - I don't know if any payment was received for it, but even though it would not, I guess in some interpretations, be boating related, It certainly seemed like a very useful thing for the City to be using that facility for that particular function, it was the... Mr. Odio: Well, Mr. Mayor, let me say something, I have used... Mayor Suarez: ...I would hope that the definition of "boating -related" would be as broad as we could possibly make it. I don't see why... Mr. Plummer: Well, Mr. Mayor, just for the record, let me say to you that last year, as you know, I'm chairman of the Unlimited Boat Race... Mayor Suarez: Right. Mr. Plummer: ... and we held all of our meetings there because of the fact that it was in the proximity of the stadium which we were using for the race... Mayor Suarez: Sure. Mr. Plummer: ... and it was very conducive for a business type meeting... and that's why we used it. Mayor Suarez: And City meetings have been held there too and I presume we have not been billed for it and I think the overall use of the facility has been to the great advantage of the City. 28. ADMINISTRATION TO BRING BACK A CONSTRUCTION PLAN FOR NORTH POLICE SUBSTATION NOT EXCEEDING $4.3 MILLION; INTERGOVERNMENTAL FEES WAIVED FOR BOTH POLICE SUBSTATIONS Mayor Suarez: Item twenty-six. Nov that John is back, hair combed and groomed and ready to go. Mr. John Gilchrist: At the last Commission meeting, the Commission instructed us to negotiate with the proposed contractors for the construction of the north substation. As a result of those negotiations, we were able to reduce the cost of the project which would bring us, not to the budget that is allowed for it but would bring us down, and I would have to tell you it could be somewhere between five million two hundred and fifty thousand to five million five hundred thousand. And I want to explain to you what those differences... Mayor Suarez: When you say five million five hundred thousand, you're z including the cost of acquisition of the parcel. ti Mr. Gilchrist: No, we have the parcel but what I am including there is something that we did not... Mr. Dawkins: Which one are you discussing? Mayor Suarez: Twenty-six. 3 Mr. Gilchrist: The north substation, sir. Mr. Dawkins: There's no need of discussing nothing that's over $5,000,000. i 89 May 28, 1987 Mr. Gilchrist: OK., but let me explain to you a couple of the items that are. Because, unanticipated, the State has now made a five percent tax on services provided and that would have to be covered some way so that would run over $150,000 approximately. Mayor Suarez: Well, the indications... Mr. Plummer: No, that's going to be excluded in the glitch bill. Mayor Suarez: The indications is that there will be an exemption from any... Mr. Gilchrist: But, we don't know - we don't know that and I counted that in... Mr. Plummer: After seven years of fighting with the legislature, it is my understanding that they are going to accept that proposal which I've been fighting for, so don't take that into consideration. Mr. Gilchrist: OK.. Now I counted that in the five -five so if you take that out, then there's a second item... Mayor Suarez: Yes, we're down to five -four. You said a hundred thousand roughly? Mr. Gilchrist: Five -three -five. Yes. Mayor Suarez: Five -three -five. Mr. Gilchrist: And then, we have in there, from the Public Works Department, their supervision of the project which they had a hundred and thirty-one thousand for and they have already spent fourteen thousand on borings and things previously. The Commission could... Mayor Suarez: But that's not an intragovernmental transfer, is it? I mean, that's... Mr. Gilchrist: It is. Mayor Suarez: ... out of pocket monies or...? Mr. Gilchrist: We have to pay that to the Public Works Department less the Commission were to rule to waiver that. Mayor Suarez: We take it from one pocket and put it in the other. Mr. Gilchrist: We take it from bond funds that were sold for building the building and pay for those services. I'm saying, you, the Commission... Mayor Suarez: You mean you're going to increase Don's budget... Mr. Gilchrist: Every project... Mayor Suarez: ... by a hundred - that's why he's smiling. Mr. Gilchrist: Every construction that project we do in the City, we try to find a way of reimbursing the department that provides the services. Mayor Suarez: Oh, I think they'd be happy to render services for... Mr. Gilchrist: The Commission could waive that and cut another $1000000 out of it is my point. OK.. Mayor Suarez: I certainly would be in favor of that. Mr. Gilchrist: But we're still not down to... Mr. Plummer: John, John, what is your bottom line? Mr. Gilchrist: I can get it down to five million two hundred and fifty thousand. 90 May 28, 1987 Mr. Plummer: So and you had allocated how much? Mr. Gilchrist: Five million. Mr. Plummer: For construction. Mr. Gilchrist: Five mil... Mr. Plummer: No, no, for construction. Mr. Gilchrist: Four million. Mr. Plummers Including everything. Mr. Gilchrist: That was construction but not including the soft costs which are the things that I'm talking about. Mr. Plummer: All right, Jesse McCrary came before... Mayor Suarez: No, Mr. Vice -Mayor, if I may interrupt you, the comparison is between five million two hundred and fifty and five million overall budgeting. Mr. Gilchrist: That's what I'm saying, in the overall, right. Mr. Plummer: Look, Jesse McCrary came before this Commission and he said, give me the opportunity to go back and try to cut and see if we can come in within the parameters of what you have set. Mr. Gilchrist: Right. Mr. Plummer: Now, you say that it is 4 million what? Mr. Gilchrist: Well, the parameter was.... Mr. Plummer: Was it not? I think it was four million four, for construction... Mr. Gilchrist: The total parameter was five and we had allowed four million for construction, approximately. They bid four million nine fifty. Mr. Plummer: OK.. Mr. Gilchrist: We had some add ons in there that were alternates in the bid and they took... Mr. Plummer: Which this Commission did not approve. Mr. Gilchrist: Well, there are add ons which included landscaping for instance... Mr. Plummer: This Commission did not approve. OK.? Mr. Gilchrist: Within the five million. Mr. Plummer: OK.. Mr. Gilchrist: I'm sorry. Mr. Plummer: But we did not approve any add one. Mr. Gilchrist: That's right. Mr. Plummer: Now. Joe Middlebrooks is a good friend of mine and I want to put that on the record. But I want to tell you that I got a problem with his letter of May the llth, 1987 which I'm assuming addressed to you John. Mr. Gilchrist: Um hmm. Mr. Plummer: ... we all received. And this is quoting from his letter: This base bid was submitted at $4,952 1 do not believe that one, it is high. 91 ry may 2$0 19g7 r Now, .toe Middlebrooks had stood before this Commission, and had been admonished by this Commissioner on at least six occasions: "Don't come back to this Commission if you can't do the total for five million Now, when Joe !Middlebrooks sends a letter stating that he feels that four point nine million dollars is not high, I've got a problem with that. I've got a serious problem with that. When he knows and had been told repeatedly: "Joe, this is a total project, including lights, phones, desks, chairs, five million you cannot exceed it!" Nov, I am saying to you, and Jesse McCrary is here. I am assuming you are representing still, the builders. Mr. Jesse McCrary: That's right. _ Mr. Plummer: There is absolutely no way that this Commission can accept the mandate of the public in a vote. It was $5,000,000. When you start deviating from one, we have another, and I am saying to you, that in the interest of fairness to both sides, we have sent the south substation back to the drawing board. We told them to eliminate this, this and this. Now, I think it is up to this Commission at this point, that either we get into the meat and potatoes and say, eliminate this, this and this, in lieu of that. Throw out the bids and go out and rebid. Now... Mayor Suarez: OK, you know, we can talk about it as long as we want. He got down to the point of saying that if we do not charge for the work that the Public Works Department has to do, we are down to $5,250,000, which the voters could not possibly have anticipated that the Public Works Department or any other department of the City of Miami was going to be billing for its work related to a City project such as this. So now, if we are within $250,000, John, and pursuing the Vice -Mayor's line of questioning, do you have $250,000 that can be saved, so that we can get this once and for all? Can we take a feature out, can we make a determination so we can get this... Mr. Gilchrist: Well in order to get it down to the five million two hundred and fifty thousand we took out the deck parking, and moved the building on the site to provide the same number of parking spaces, but we reduced... Mr. Dawkins: Pardon me, sir. Mr. Gilchrist: We took out everything that you can take out. Mr. Plummer: Then what you are saying to me is that you have taken out everything you can take out. Mr. Gilchrist: We believe so. Mr. Plummer: Then I am saying to you, you have got to go back out and rebid. Mayor Suarez: OK, before, we make that determination Commissioner Dawkins. Mr. Dawkins: Is Joe Middlebrooks off of the project? Mr. Gilchrist: Sir, he has not been working on it since the last Commission meeting. We did not receive clear instructions... Mr. Dawkins: In plain English, yes, or no. Is Joe Middlebrooks off of the project? Mr. Gilchrist: Yes, sir. Mr. Dawkins: All right, now,, now you can tell me where we are going to take off, OK? Other than him. Mr. Gilchrist: We did that without his presence or participation. Mr. Dawkins: OK. Mayor Suarez: And it doesn't' help when he... Mr. Gilchrist: But I have to tell you the Commission, at the last meeting did not order me to remove Joe Middlebrooks. 92 Noy 28, 1987 Mayor Suarez: That is correct, but it doesn't help when he sends a letter in between from the last Commission to this Commission... Mr. Gilchrist: I cannot control that man, sir. Mayor Suarez: Well, I understand, but that is what we are taking into account, that letter that he sent, OK. Mr. Plummer: Well, Mr. Mayor, at this particular... Jesse, do you want to say anything? Because if not, I am ready to make a motion. Mr. Jesse McCrary: Before your motion, Jesse McCrary, representing the 3W Corporation. Mr. Plummer, it would appear to me that this Commission has the power to direct that certain items be deleted from that structure, to bring it within... Mr. Plummer: That is going to incorporated in my motion, if you will wait. Mr. McCrary: I'll quit while I am ahead. Mr. Plummer: Mr. Mayor, I would make a motion at this time that the City Administration, no one else - the City Administration go back and come back to this Commission, showing us what can be built for four point -two... what is it? Mr. Dawkins: Four million period. Mr. Plummer: Four million? OK, let's leave it at that so we have a little contingency. Mayor Suarez: Wait, why don't you just stick to the figure of five million overall? Mr. Plummer: No, no, for construction. Mr. Dawkins: Joe's salary comes out of that. We don't have five million , Mr. Mayor. Mr. Plummer: The problem is in the area of construction. Mayor Suarez: Five million overall is... Mr. Dawkins: We don't have five million. Mr. Plummer: Exactly, but what they are saying is, that we're hung up. We're not hung up on the goodies of the lights, the desks, the chairs and all of that. We are hung up on construction. My motion would be, that the City Administration come back to this Commission at the next available meeting and show us what you can do in building a facility for $4,000,000. Mr. Gilchrist: May I ask something, though, air? Mr. Plummer: Period. Mrs. Kennedy: Second that motion. Mr. Gilchrist: Because our soft costs... Mayor Suarez: We have a motion and a second. Go ahead, John. Mr. Gilchrist: Our soft costs in there are about seven hundred and fifty thousand, so we could really make... Mr. Plummer: At the last meeting it was six hundre thousand. Mr. Gilchrist: But, I was putting that tax in there, and I can take that out. nut, what I am saying is, four million would allow us to build it way under five We should be able to go up to, like four point three. Mr. Plummer: I have no... Mr. Gilchrist: Whatever it is to get us to the total of five and then the... 93 May 290 1987 • Mr. Plummer: I have no problem with that. Mr. Gilchrist: OK, as long as we don't exceed five, I think is what you want to say to us. Mayor Suarez: Yes, that's the key thing, because the soft cost may be the ones that we can compress the most. Mr. Dawkins: But, you see... Mr. Plummer: I have no problem with that. Mr. Dawkins:... the only problem I got with it is you saying that the taxes are not... Mayor Suarez: Payable? Mr. Dawkins:. —applicable now, but we don't know whether the hell they will be or not, so why, you know, so why gamble? Mr. Gilchrist: I have been counting them in because I don't know. Mr. Dawkins: OK, let me ask you a question. What would we save, and I think you were given this direction from this Commission, that the City of Miami become the contractor, or the constructor, or what have you and that, the City of Miami, subcontract with 3W to produce it. Now, what happened to that idea? Mr. Plummer: I've got a problem with that. Mrs. Kennedy: That we become the contract management? Mr. Plummer: Miller, I've got a problem with that. Every time the City gets in and does it, it costs 20 percent more. Now, I want to say this on the record, before the vote. This company, what is it, 3W? Mr. Gilchrist: Yes. Mr. McCrary: Yes, sir. Mr. Plummer: 3W. They were the only bidder, and if it is humanly possible, Madam City Attorney, and we can negotiate with them for the revised, that you will come out with, I think it behooves this Commission to do such. Now, legally, we might not be able to do it, but I am saying to you they were are only bidder. They put their good faith not on what this City said, but based on what they were bidding on. No one else would even touch it, but I think that this firm has the right of a priority, because they stuck their neck on the line even to give us a bid. So, all I am saying to you is, the voters of this community spoke very clear. We have a mandate from those people that it shall not exceed five per substation, or ten combined. All I am saying to you, come back and tell us what you the Administration can come up with to give us what that is what was promised to the voters and that is what my motion is. Mr. Gilchrist: Acceptable to the Police Department so they can work there. I mean, I have to work in hand with them. Mr. Plummer: Well, I want them... Mr. Dawkins: It is acceptable to this Commission, and that is who in the hell you all work for. I mean, I don't understand the problem. Mr. Plummer: John, I want the Police Department's involvement, but I don't want them to control, because I will not accept gymnasiums, showers... Mr. Gilchrist: I understand that. Mr. Plummer: --lockers, saunas, or whatever else, OK? Mr, Dawkins: And rowing machines. Mr, Plummer: They can go downtown and use those. Mr. Dawkins: Or to the rowing club. Mr. Plummer: We'll send them out there. Mr. Dawkins: See, my problem is, the reason I have got a problem now, Mr. Gilchrist, is the Miami Police Department has been the obstacle. Chief Dickson didn't want it, OK? Chief Harms didn't want it, OK? Howard Gary didn't want it, so I mean, all I have along the way is some people in the ay to stop from getting it done. Juanita Shearer didn't want it, OK? Mr. Plummer: But the people do. Mr. Dawkins: Yes, but the people voted for itl Mr. Gilchrist: I understand. Mr. Dawkins: So now, let's get it done as quickly as we can, and, as he said, the 3W people also told me, said "hey look, we'll guarantee you we will get it done as quickly... quicker than anybody else, if you let us, give us the go ahead." And the people out there in the community, like J.L. said, they are tired of waiting. Mr. Plummer: Mr. Mayor, if no further discussion, I would ask that the roll be called on my motion. Mayor Suarez: Let me ask the Vice -Mayor in connection with that, so that we can sharpen our pencils a little bit more, do you have any problem building into that motion the waiver of any intergovernmental fees such as the ones that would be charged by the Public Works Department? Mr. Plummer: Absolutely none. Mayor Suarez: None? Mr. Plummer: Absolutely none. Mayor Suarez: Do you want to build in... how about the...? Mr. Dawkins: He said he wouldn't have any problem withit Mr. Gilchrist: That is really the only one that was there. Mayor Suarez: No problem? Mr. Plummer: I have no problem, no sir. Mayor Suarez: Would the seconder of the motion have any problem? Mrs. Kennedy: No. Mayor Suarez: OK. Mr. Plummer: With the full understanding, that applies to both. Mayor Suarez: Yes, to both what? Mr. Plummer: Both the north and the south. Mayor Suarez: Yes, absolutely. Mr. Plummer: If it does apply. Mayor Suarez: Yes, I sure as heck don't want the other one to be charged intergovernmental fees, either. Mrs. Kennedy; Call the roll. !Mayor Suarez; Call the roll. -F: i` x- f. r- A r- #: 45 may 280 1987 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-501 A MOTION INSTRUCTING THE CITY ADMINISTRATION TO COME BACK BEFORE THIS COMMISSION AT THE NEXT AVAILABLE MEETING, DEMONSTRATING WHAT CAN BE CONSTRUCTED AT THE PROPOSED NORTH DISTRICT POLICE SUBSTATION SITE FOR AN AMOUNT NOT TO EXCEED $4.3 MILLION, IN ANY EVENT LIMITING THE TOTAL COST OF THE FACILITY TO $5 MILLION; FURTHER INSTRUCTING THE CITY MANAGER TO WAIVE ALL INTERGOVERNMENTAL FEES IN CONNECTION WITH PROPOSED NORTH AND SOUTH POLICE SUBSTATION FACILITIES. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo DURING ROLL CALL: Mr. Dawkins: I'll vote yes, only if 3W fire their Counselor. Mayor Suarez: Yes, with the same proviso. Just kidding! Mr. McCrary: Thank you very much, Commissioners. 29. PORT BRIDGE. -------------------------------------------------- Mayor Suarez: Item 28. Land acquisition for the Port of Miami bridge, how are we doing on that? Are we ready to do a closing? Mr. Gilchrist: Well, this is to... Mr. Odio:: (OFF MIKE)I didn't get the letter. Mr. Plummer: Wait a minute, you did not get the letter? Mr. Gilchrist: We do not have the letter. Mr. Odio: (OFF MIKE) He promised me I would have the letter yesterday. Mr. Plummer: Well then... Mr. Gilchrist: But, all thia is doing is... Mr. Plummer: Well, then, Mr. Mayor, let me tell you what I negotiated with Carmen. Mr. Dawkins: Do you have a letter? i Mr. Plummer: I talked with Carmen and I told Carmen the bold truth and that was in relation to the moving of the F.B.C. tracks around the arena. Mrs. Dougherty: (OFF MIKE) I have it as a condition of the sale. It's not in the deed. Mr. Odio: (OFF MIKE) I know that..... Mr. Plummer: No, I want to... Carmen promised me that he would send to the Manager a letter... 96 May 38, 1987 Mr. Odio: Well, he called me yesterday and said he would bring it in yesterday. Mr. Plummer: OK, is "subject to" all right? Mr. Gilchrist: This is subject to. We are asking you to authorize... Mr. Plummer: Fine, here is what I negotiated, Mr. Mayor, that the City did not need or want the railroad tracks. The railroad company didn't want the railroad tracks. Carman said, "Look, I will make you a promise that if the railroad tracks stay, it will not cost the City a penny." That is a quarter of a million dollar savings! I said I am sure that that would set and sell before my Commission. Mayor Suarez: Where is that crossing? Is that the same crossing we were talking about the last Commission meeting, having to do with the... Mr. Plummer: That's the crossing that goes in front of the arena, over to the port, three times a week. Mr. Gilchrist: First Avenue. Mayor Suarez: OK, and we wanted to consider the whole issue of the crossing in conjunction with the acquisition of this property, even though... OK. Mr. Gilchrist: Yes, it is crossing improvements and signalization. Mayor Suarez; And he is willing to give us a letter to the effect that he guarantees... Mr. Plummer: He indicated that he would give us a letter that if the crossing was to be in effect that it would not be of any cost to the City of Miami and I said I will take it before the Commission and try and sell it because it has saved us a quarter of a million dollars. Now, for whatever reason, he has not given us the letter... Mr. Odio: He promised... Mr. Plummer: But, this ordinance, which we have before us, I am told, is subject to that letter's arrival. Mr. Gilchrist: Yes, Sir. Mr. Plummer: It is also with the full understanding, Mr. Mayor, that in fact, any relocation of the Grand Prix track, cost factor would not be born by the promoter or the City. He will do that, and second of all, that the final negotiation of the acquisition is five point nine. Mr. Gilchrist: Five point nine. Mr. Plummer: Five point nine. Mr. Odio: Five point nine. Mayor Suarez: The appraisal miraculously came in at the figure that the predicted it would, OK. Mr. Plummer: Don't ask me no questions and I'll tell you no lies! Mr. Gilchrist: We get... Mayor Suarez: Very handy way of doing business, that Port of Miami, OKI Mr. Plummer: Based on that, Mr. Mayor, you have in front of you, item 28, i with an appropriate resolution that I so move after I hear from Don Cather. R Mayor Suarez: You look troubled, Don.-r Mrs. Kennedy: I second. Y: i- 97 May 28, 1987 Al �Y Mr. Cather: Just a little question. I want to get it on the record. `That exactly does he need in terms of the crossing of First Avenue, if it is not going to cost us any money? Mr. Odio: They will cover up to $250,000. Mr. Gilchrist: No, no. Mr. Plummer: No, no, nol Mr. Gilchrist: No, no, it will say, and it does say, "At no cost to the City of Miami." Mr. Plummer: Exactlyl Whatever that cost factor is, he will pay if the railroad stays. If it is $400,000, that is his baby. It will not be off our dollars. You will recall in a negotiation of the Grand Central project. In that project, the railroad said that they will not pick up the cost, because they don't want it, and the City, I said... They wanted the City to pick it up, and I said, absolutely notl In negotiation with Carmen, they will pick up at no cost to the City. There is really not a dollar figure set, other than a figure proposed, so if that figure, whatever it is, if they can get out cheaper, God bless them. If it costs them more, that Lunetta's problem. Mayor Suarez: It is at their expense. Mr. Plummer: Exactly. Mayor Suarez: OK. Mr. Plummer: So, there are three stipulations that Madam City Attorney, you guarantee me are here. One, the railroad crossing: all cost factors will be picked up by the port. Two, any relocation of the Grand Prix track: that they pay for at the cost of the port, and... Mr. Gilchrist: I said any modification, not just relocation. Mr. Plummer: Well, that is even better, and number three, that the appraisal of 5.9 be accepted. Those are the three conditions, and under that, I move item 28. Mrs. Kennedy: And under that, I second. Mayor Suarez: Moved and seconded with those provisions, provisos, call the roll. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-502 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND QUIT CLAIM DEED IN FEE SIMPLE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREBY A PORTION OF THE FORMER FLORIDA EAST COAST (F.E.C.) PROPERTY, MORE SPECIFICALLY DESCRIBED IN THE ATTACHED LEGAL DESCRIPTION, WILL BE CONVEYED TO DADE COUNTY FOR THE PURPOSE OF CONSTRUCTION OF THE COUNTY PORT OF MIAMI BRIDGE IN ACCORDANCE WITH THS PLANS AND SPECIFICATIONS AS SUBMITTED TO THE CITY COMMISSION THIS DATE AND PURSUANT TO THAT CERTAIN CITY/COUNTY AGRBFMMIT DATED AUGUST 23, 1984 AND IN COMPLIANCE WITH PHASE II AS SPECIFIED THEREIN, SAID AUTHORIZATION BEING CONDITIONED UPON PAYMENT TO THE CITY OF $5.9 MILLION AS CONSIDERATION FOR SAID CONVEYANCE AND PERFORMANCE OF SUCH OTHER CONDITIONS AS SPECIFIED HEREIN. (Here follows body of resolution, omitted here I and on file in the Office of the City Clerk.) i Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- t 98 may 20, 198y • u AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo (*NOTE: Commissioner Dawkins initially voted "no", but immediately afterwards changed to an affirmative vote.) Mayor Suarez: The moment we do the closing on the Port of Miami sale, we have exactly one-half of that amount that should be $2.95 million - almost $3,000,000 - to go into the citywide parks program. Mr. Gilchrist: That's correct, air. Mayor Suarez: Just to clarify. Up to now I think we've had maybe a million to be split between the two. Mr. Gilchrist: We received one million so far. Mayor Suarez: Do we have any progress on the bonds, if I may ask? Mr. Gilchrist: I cannot answer that. ------------------------------------------------------------------------------ NOTES FOR THE RECORD: (A) Item 31 was deferred to June 11, 1987 (B) Commissioner Plummer requested the City Clerk to notify Florida League of Cities that City Commission took no action on one cent local option tax. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 30. PERMIT BERNARD PORTIER TO FENCE AND MAINTAIN A STRIP OF LAND ADJACENT TO HIS PROPERTY AND MORNINGSIDE PARK. ------------------------------------------------------------------------------ Mayor Suarez: Item 32, Bernard Portier. Mr. Ron Williams: Ron Williams, G.S.A. Mr. Mayor, the Administration has recommended that we proceed expeditiously with a revocable permit for this gentlemen, a long term arrangement. The City has caused him a slight bit of discomfort and we are rapidly working towards conclusion. We met with this gentlemen and we think he is in agreement with that. Mayor Suarez: What's the issue? Mr. Williams: The issue is, we created a problem for him by building a fence right next to his property. I think that is about a ten... Mr. Plummer: Well, do have a... I'm sorry, my ignorance... do you have a residence, a business...? Mr. Dawkins: He has a residence and it backs up on the park and the park built a fence right up to the City of Miami's line. And in between his property line and the City of Miami line, there is some dead man's property in there, and nobody is maintaining it, so in order to enhance his property and to stop people from breaking in his house, he is desirous of leasing that from the City and put it a fence around it and maintain it. Mayor Suarez: Does it create any vested rights, Madam City Attorney? } Mrs. Dougherty: Not if it is a revocable permit, revocable at will. ' Mayor Suarez: Which is the way it is proposed? -;. Mrs. Dougherty: That is the way it is proposed. 99 may 24, 1907 • C Mr. Williams: That is our proposal, yes. Mayor Suarez: OK, with that clarification, I'll entertain a motion. Mr. Plummer: I'll so move. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-503 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO MR. BERNARD PORTIER FOR THE PURPOSE OF FENCING AND MAINTAINING A STRIP OF CITY -OWNED LAND ADJACENT TO MORNINGSIDE PARK, LOCATED AT 690 N.E. 50 TERRACE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Dawkins: You didn't move it because he was a fellow undertaker, did you, Plummer? Mr. Plummer: No way. Mr. Dawkins: OK, then, no problem. Mr. Plummer: We know how to deal with you live ones. Mayor Suarez: You have been very, very eloquent, Mr. Portier. Mr. Portier: Thank you. 31. A. AGREEMENT WITH JOYCE MEYERS AS PLANNING CONSULTANT. B. DOWNTOWN DEVELOPMENT AUTHORITY TO BUDGET FOR TWO CITY PLANNERS. Mayor Suarez: Item 33. Mr. McManus: Mr. Mayor and members of the Commission, this is a proposal to put under a contract, Mrs. Joyce Meyers who is currently employed by the Planning Department as a full time City employee, put under contract part time, half time, for the next 14 months. That does two things for the Planning Department. It retains Mrs. Meyers' considerable expertise in moving along the implementation of the downtown master plan and downtown development of regional impact process which will go into public hearings this fall. It also being accomplished at a considerable savings to the Planning Department'e budget because of the fact that this would be a half time contract. Let me say that this is entirely at the request of Mrs. Meyers, who wishes to embark on a slightly different career. She wants to spend more time with her two younger daughters at this particular time in her life. Mr. Plummer: I think it is a great idea and it should be paid for by the D.D.A. 100 May 28, 1907 Mrs. Kennedy: Well, let me tell you, what this amounts to is having a planner and a half with no fringe benefits versus a planner with fringe benefits. It is still a savings to the City. Mr. Plummer: No, 1 think it is an even greater savings to the City that the tab is picked up by the D.D.A. This is for the implementation of the downtown master plan, and I think that it is a great idea. The D.D.A. has funding. They have been refunded by the State and as far as I am concerned, it is only right that they should pick up that tab. Mr. McManus: During budget hearings with the Manager, the Manager has been very clear, entirely along those lines, and he has directed the Planning Department to pursue exactly the point that you are raising. Mr. Plummer: Well, I would move item 33, subject to the approval of the D.D.A., including it in their budget, since it is for the primary benefit of the downtown area. I would so move. Mr. Dawkins: I will second it if you remove the last two lines that says: "With funds in that, amount being allocated from the Planning Department operation budget." Mr. Plummer: No. Mr. Odio: It says that here. I am glad you caught it, because I told them that this money had to come from some other source, so... Mr. Plummer: Yes, sir. Mr. Odio: They won't get this position unless... Mr. Dawkins: Well, then, are we going to delete that? Are you leaving that, J.L.? Mayor Suarez: You would have to delete that under that motion. Mr. Plummer: Yes. Mayor Suarez: That's correct. Mr. Plummer: Right. Mayor Suarez: Peter, what are you going to tell us? We have a problem with the... Mr. Dawkins: I have a problem with the whole thing, and I don't have no problem with telling you. I will not vote to take a consultant and pay a consultant to acquire vacation and sick time. I don't think it is right. I don't know any other entity that does it. If you are a consultant, you are a consultant and you consult at your own time and at your own pleasure, and for us, the City of Miami, to allow a consultant to sit down and acquire vacation time when they're over there going to pay him. Mr. Manager, how many thousands of dollars did you just pay out, by time that people had stored up as vacation? How many thousands of dollars? Mr. Odio: Commissioner, I think it ended up being about two hundred and fifty thousand just now, but the accrued amount... Mr. Dawkins: $250,000 that you bought vacation time that people had not taken, is that correct? And now we're sitting up here saying we are going to start the process again and allow people, as a consultant, not as a full time worker now, a consultant, to have sick time and vacation time. It is just not right! Mr. Plummer: Mr. Manager, it is just a simple thing... excuse me, what does it represent... he happens to be right! Mr. Odio: I will tell you what... Mr. Plummer: Now, what does it represent in dollars? Mr. Odio: I will not give the dollars to the contract... 101 MAY 20, 1907 Mr. Plummer: Exact lyI Add it to the pay. We are still way ahead of the game. Mr. Odio: Yes, sir, I will do it that way. Mayor Suarez: Well, before you do that, let me ask you a mathematical question, because I still don't see this working out.• You are talking, J.L., about... And assuming it passes, and assuming the D.D.A. approves and everything else, you've got 16 months, right? Mr. McManus: Yes, sir. Mr. Plummer: Fourteen, you said. Mayor Suarez: Sixteen is what it says on here. Mr. McManus: It was sixteen, I am sorry. In this book it is sixteen. Mr. Plummer: You said fourteen. Mayor Suarez: And you are saying half time, right? Mr. McManus: Half time, 20 hours a week. Mayor Suarez: So that is the equivalent of seven months, and the amount listed there, presumably without any other benefits, right, is $48,000, for seven months? Mr. McManus: Yes, sir. Mayor Suarez: What is Miss Meyers' annual salary? Mr. McManus: That is based on the annual rate. Mayor Suarez: You divide that by seven and multiply it by 12 and you have a pretty high salary, there. Mr. Dawkins: You see, and again, I am going to say this, I hoped I didn't have to say it. You see, you don't have no Latins and no Blacks in these positions, crossed trained, so that when these individuals leave, you don't have to pay these exorbitant prices. You move somebody already in staff into these positions. Mayor Suarez: That works out to be about $84,000 a year. Mr. Dawkins: You know, in the last four months, you people have brought four White people up here who have retired at $80,000 a year and you all pay him sixty Now, you are coming up here again today and bringing me somebody, who you are going to pay them... let them retire, go on as a consultant, which is a gift, and pay them $30,000 a year. When are you going to stop it? Mr. McManus: Commissioner, Miss Meyers is not retiring. She will not have any retirement benefits. Mr. Dawkins: She will get vacation and she will get sick time. What is that? Mr. Odio: Commissioner, I will eliminate the vacation. Mr. Dawkins: Beg pardon? Mr. Odio: We will not accrue vacation. Mr. Dawkins: But, you will add it into the... all right, would you... Mr. Odic: I will tell you what. We will negotiate with him for this amount and that is it. Mr. Dawkinei No, no, let me ask you one question, sir. If you do not include the vacation and the sick time, are you going to bring her on at the same salary you just mentioned here? 102 lay $04 1987 Mr. Odio: Yes, that is what we are trying to negotiate with her, yes. Mr. Dawkins: No, no, not tryl Mr. Odio: OK, yes, air. Either she takes this, or not at all. Mayor Suarez: How come my figures don't add up? You are talking about the equivalent of seven months, $48,000, that's eighty-three eighty four thousand a year. Mr. McManus: She has been with the City for 12 years. Now, her current salary is in excess of $60,000 a year. Mayor Suarez: Well, check your figures. Unless, those include the benefits, which I don't think we are... Mr. McManus: No, what we are talking is a yearly rate... Mayor Suarez: Well, does that calculation include benefits, forty-eight? Mr. McManus: What we are talking about is yearly salary. Half-time of approximately thirty-five thousand plus the additional four months, brings it up to that amount. Mayor Suarez: But, she is working half time, So I presume, she is only going to be paid half of what she would make on a... Mr. McManus: Well, that is right. If she were being paid for 16 months at her current salary, you would be talking in excess of $80,000 in salary. Mayor Suarez: OK, sixteen months is eight, OK, so, maybe we are a little closer. Anyhow, it sounds a little high, so you had better check it out. Mr. Dawkins: Where is Sergio Rodriguez? Mr. Odio: Sergio right now is out ill. Mr. McManus: He is out sick, sir. Mr. Dawkins: OK, all right, if she had dropped dead, what would you have done? Mr. Plummer: Gone to the funeral. Mr. Dawkins: You would have probably tried to bury her to get the fee. Mr. Plummer: No, I'd want her to make the $80,000. Mr. Dawkins: But, all I am saying is, how many Blacks or Latins do you have, does Mr. Rodriguez have in his department? Mr. Plummer: Walter makes up for three. Mr. Dawkins: OK, get his salary. What, how many...? Mr. Pierce: There are two. Of the professional staff, there is a Black male, one Black female. Mr. Dawkins: Out of how many people? How many Latins? Mr. Plummer: Professional Hispanics, there are about nine, according to Mr. McManus. Mr. Dawkins: Nine? Nine and two is eleven, out of what? Mr. Pierces There are approximately 19 professional positions. Mr. Dawkins: See, now where you could bring in a Latin or a Black, you are going to bring in a consultant. See what I mean, I am not getting any place! You know, you all just keep running me up and down the tree. Mr. Plummer: I move item 33 subject to the conditions a■ listed. 103 Noy 38, 1987 Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Mr. Carollo: 33? Mr. Plummer: Yes. Mayor Suarez: All the benefits... Mr. Carollo: All the benefits? Mayor Suarez: No, they are being taken off. You didn't let me finish. Mr. Plummer: They are taken off, Joe. Mr. Carollo: OK, that is more like it. Mayor Suarez: Also, I think you ought to look at those figures to make sure that's the equivalent of eight... Mr. Carollo: For the record, Joyce has been one heck of a good employee. She is a super intelligent individual, but we have never done this before and it is not right to have given all those extra benefits if you are going to be paid as a consultant. Mr. Odio: She is not going to get it. The benefits have been removed, Commissioner. Mr. Carollo: I understand, I just wanted to place those stipulations on the record. Mr. Plummer: I want to make another motion after this one, go ahead. Mayor Suarez: Call the roll. Mr. Plummer: You ain't going to like this one. No, he wants to speak, Mr. Mayor. Mayor Suarez: Oh, Peter. Mr. Peter Andolina: Peter Andolina, Downtown Development Authority. I just wanted to point out that any of the D.D.A. funds that would have to be used during this fiscal year would require the Commission releasing the money that has been held in reserve pending the State legislation. Mr. Plummer: Not necessarily, we might take it from some other area, because my next motion is that you are going to support this coming year budget, two planners to the Department, or we are not going to approve your budget, so go ahead from there. Do you want to keep talking? Mayor Suarez: Well, it is going to be referred to D.D.A. anyhow, so it would have to come back with some kind of proposal to take it out of this year's budget. Mr. Plummer: We hope that there is that much money there, but not necessarily. Mayor Suarez: The period in question begins on June 1, 1987. Mr. Plummer: Well, but not necessarily from the funds that were held in reserve. Mrs. Kennedy: But, let's consider, Mr. Manager, the part time employees, rather than consultant. Mr. Plummer: It is a hell of a savings. Yes, sure. Mayor Suarez: Let me tell you, the D.D.A. could well afford to pick up the salaries of all of us who have been... 104 May 28, 1981 Mr. Plummer: They are so rich. Mayor Suarez: ... working awfully hard to lobby to get that D.D.A. legislation through Peter and it apparently has finally gone through. It passed. OK, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-504 A RESOLUTION WAIVING A 4/5TH AFFIRMATIVE VOTE OF THE CITY COMMISSION THE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE SECTION 2-302; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL PLANNING SERVICES WITH JOYCE A. MEYERS, PRIMARILY IN CONNECTION WITH FINALIZATION AND IMPLEMENTATION OF THE DOWNTOWN MASTER PLAN/DEVELOPMENT OF REGIONAL IMPACT PROJECT, FOR A SIXTEEN -MONTH PERIOD FROM JUNE 1, 1987, THROUGH SEPTEMBER 30, 1988, FOR A TOTAL FEE OF $48,831 WITH FONDS IN THAT AMOUNT BEING REIMBURSED TO THE PLANNING DEPARTMENT OPERATING BUDGET FROM THE DOWNTOWN DEVELOPMENT AUTHORITY, SUBJECT TO THE APPROVAL OF THE DOWNTOWN DEVELOPMENT AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. Mr. Plummer: Mr. Mayor, I'd like to make a motion at this time that the D.D.A be instructed to include in their upcoming budget two planners for the Planning Department from their budget, directly related to the downtown area, I so move. Mr. Carollo: Second. Mayor Suarez: So moved and seconded, any discussion? i i Mr. Carollo: Call the roll. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-505 A MOTION DIRECTING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INCLUDE IN ITS 1987-86 FISCAL YEAR BUDGET AN APPROPRIATION FOR TWO CITY OF MIAMI PLANNER POSITIONS WHOSE SCOPE OF RESPONSIBILITY SHALL BE DIRECTLY RELATED TO THE DOWNTOWN AREA. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote- 105 Noy 28, 1987 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32. A. ORDER "LOADING SIGNS" REMOVED PRESENTLY IN FRONT OF W.O.C.N. RADIO STATION FOR A 60 DAY STUDY. B. ADMINISTRATION TO COME BACK IN JULY WITH RECOMMENDATION CONCERNING W.O.C.N. PARKING AS WELL AS OTHER AREAS OF CONCERN. C. CITY MANAGER TO WRITE LETTER TO JUDGE CONCERNING TRAFFIC CITATIONS ISSUED TO W.O.C.N. RADIO STAFF. --------------------------- ------------------------------------------- -------- Mr. Carollo: If I can, I have an emergency pocket item. At the request of W.O.C.N. radio station talk show host Carlos Deman, who would like to come up and present some information for Commission action. Mr. Deman. Mr. Carlos Deman: Thank you. I request permission to address myself in Spanish if possible. Is that all right? Mr. Plummer: Wait a minute nowl You do any awful good job in English. Mr. Deman: No, well, you know... Well, all right, I will try to do my best in English. The reason I came forward... Mayor Suarez: Give us your name and address, Carlos. Mr. Deman: 1779 West Flagler, Carlos Deman, W.O.C.N. radio. The reason I came forward to this Commission meeting is because as you know, we have been having problems with the parking meters in front of our radio station and... Mr. Odio: Which parking meters, the ones we removed? Mr. Deman: The ones that were removed, have the word in English, I think that... Mr. Plummer: It is called harassment. but unfortunately, we were... I don't Mr. Deman: That's right. I don't know why, maybe it was because of the Miami Herald issue that says that Mr. Odio was scared of me, which is not true. I am a friend of Mr. Odio and I don't know if Mr. Carlton knows about this matter, but the thing is that imposed a sign, it says "Loading Zone." Now, what happened? I guess I am requesting again the parking meters, because every half an hour, systematically, there is one of these morbid small cars that put us another ticket of $10 or $15 every half an hour and they have a Mr. Plummer: Mr. Manager, may I suggest that... Mr. Deman: So I am requesting the parking meters again! Mr. Plummer: Mr. Manager, may I suggest... Mr. Deman: Unless, Mr. Mayor... Mr. Plummer: Carlosl Esperatel Esperatel Esperatel May I suggest that you sit Mr. Carlos Deman down with Mr. Roger Carlton, express to them on behalf of this Commission, enough is enough! Mr. Odio: They don't speak the same language. Mr. Plummer: Well, then, I'll tell you what. I can understand Carlos, o` Nobody understands Roger, and I will sit down and be the translator. Nov, you know, three parking... how the hell can we take up so much of this Commission's time over three parking meters! This is ridiculous! 106 May 20, 1987 Mr. Deman: I don't know, 1 don't know. But, besides that, I would like to ask the Commission and I would like... I don't know if it is possible or not, but I would like to recommend to you, to the Mayor, to put that on the next agenda, I mean on the next ballot, to make a public referendum, if the public wants the parking meters, or not. Mr. Plummer: About three parking meters in front of W.O.C.N. radio! Mr. Deman: Because, have you consulted everyone to see if they want the parking meters? Mrs. Kennedy: Carlos, this is going to cost more to the taxpayers to put that in a referendum than take it away. Mayor Suarez: Wait, wait, because the point you are raising is very important. Mr. City Manager - Mr. City Manager, within 60 days of our resolution passed... Mr. Carollo: Oh, Oh! He is going to take a machete out and chop them down. Mayor Suarez: Yes, that may be one way to solve it, or else to cut a few heads. Mr. Carollo: Well, I know one you are going to chop! Mayor Suarez: Yes, Mr. City Manager, approximately... Mr. Deman: I hope it is not mine, you know? Mrs. Kennedy: I'm afraid he has three votes. Mayor Suarez: Mr. City Manager, approximately 60 days ago, we asked you to do a review of all the parking meters in the City of Miami with an eye towards eliminating any of those that were either not profitable, or were creating a problem for the business people. Are we anywhere close to that completion of that review? Mr. Odio: We concluded a door to door survey of Allapattah, with a result of five to one against parking meters. I have informed... Mayor Suarez: But, that was looking prospectively at some new parking meters that... Mr. Odio: Well, we are now reviewing Flagler, 8th Street, the Design District, we have to do it very carefully... Mayor Suarez: Including in front of W.O.C.N.? Mr. Odio: Well, see, he has got about 50 tickets he has got to go and pay, go to court and pay for the tickets, and resolve his problem with the court, but the problem is that when he wanted the parking meters removed, he said he wanted a place there where he could come in, park the car, go inside, come out again and leave, and that is why they put a loading zone in there, so that is what loading zones are for. Mr. Deman: I am sorry, I didn't ask for that. Mr. Odio: But, wait, the problem was lack of communiation. Mayor Suarez: Wait, wait, you are not implying that that loading zone was put there at the direction of the City Manager's office, was you? Mr. Odio: No, it was not. It was the decision of the Parking Authority, that if the parking meters were removed, that a loading zone should be installed in its place. The loading zone... Mayor Suarez: Since when does the Parking Authority decide where we put signs calling for a loading zone? Mr. Odio: Since they were given the authority to do so, whenever the Authority was created. 107 May 2$, 1907 Mayor Suarez: They have the authority to determine where loading zones go in the City of Miami? Mr. Odio: Yes, sir. Mayor Suarez: The Off -Street Parking Authority, on our streets? Mr. Odio: Yes, air. Mayor Suarez: On the streets? Mr. Plummer: By virtue of the fact that they have the right to put meters and if you don't put what they say, they can put the meters. Mr. Odio: That's right. Mr. Plummer: That is their authority. Mr. Carollo: Well, you are a quick learner, Xavier, it has taken you a year and one-half on the Commission to figure that one out. This is good. Mayor Suarez: Mr. City Manager, I would hope that as you complete that review, you would include a review of... Mr. Plummer: Of that provision. Mayor Suarez: Yes, that provision, and loading zones that are put arbitrarily like that. Mr. Odio: We are, Mr. Mayor, for... You are right, there are areas, for instance, on let Street, behind the stores where more loading zones are needed so that the businesses can unload, but loading zones are not to park permanently there the whole day, and they will be ticketed, that is the problem. Mr. Carollo: Can we do the following, since the Mayor has been as successful in keeping his campaign promise, chopping the meters down with a machete, as he has been successful in trying to cut my neck off, I'd like to present the following resolution, that we ask of the Off -Street Parking Authority that they will do an experiment with those meters in front of W.O.C.N., or should I say the loading signs that are there, where they don't have no meters, no signs in front of the station and see how it works and then maybe Mr. Daman, or whomever is working there at the time, if he is not there... Mr. Daman: What do you mean, if I am not there? Mr. Carollo: I don't know. Mr. Daman: Is that an implication of what appears in the Herald today or what? Well, it could be. Mr. Carollo: No, no, it is just a lot of people change from station to station, you never know. Mr. Daman: Well, yes, you never know, and from seat to seat in the Commission, too. Mr. Carollo: Absolutelyl Absolutely, but I'll tell you, this one here has been watching it pretty steady. Mrs. Kennedy: And don't talk about managers, that is even worsel Mr. Carollo: But, then after that, they could come to this Commission and let us know how it is working. Now, I don't know, how long do you think it would take for you to get an idea if that would work or not?... a month, two months? Mr. Daman: A month, or something like that, I guess. Mr. Carollo: Would you prefer that more than your solution to have the meters back? log may 28, 1"? Mr. Demans Well, the thing is, I would like a referendum to see if the meters are going to be put on or not. Mr. Carollo: Let's take... Mr. Deman: Commissioner, excuse me. Both of you, Mayor and you, talked in our talk show and they promised, and you promised to take it to the Commission and to make a survey if the public will want it or not... study it, to make a study of it. Mr. Carollo: All right, I haven't made any promise, but the Mayor has made a promise. I've been listening to the Mayor's promises. Now, let's take one thing first and then we will get into the referendum and everything else. Mr. Deman: All right. Mr. Carollo: First, let's handle your immediate problem, before we get into everybody else's. Mr. Deman: All right. Mr. Carollo: Do you think that the solution of having no loading zones, no meters, for a trial basis to see if it works in that particular area is better than your request of having the meters installed again? Mr. Deman: I think so by the time being, Commissioner, but after that, it is not only that, I don't want the... Mr. Carollo: Then let's try that for the time being. Mr. Deman: All right. Mr. Carollo: And then we will get into the other area. If I could make a motion that we ask the Manager to request of the Off -Street Parking Authority, that at least for the next 60 days, as a trial basis, we take off the loading zone signs from the front of the station, do not install meters back and see how it works. After all, we are only talking about three spaces here. Mr. Odio: Yes, sir, can I... on the study that we are doing on the parking meters, you cannot arbitrarily, Mr. Deman, or anybody else, can go around removing parking meters, because their revenues are supporting bond issues... Mayor Suarez: Well, we know that three of them are not going to create a problem for the revenue of the Parking .Authority. Mr. Odio: No, but I am talking in general of what he is talking about, referendum. Those parking meters are supporting bond issues and we have to be very careful what we do with that. Now, we... Mr. Carollo: Well, we are talking about three, now. Mr. Plummer: Well, Mr. Manager, that is not necessarily true, now. Mr. Carollo: Yes, but we are talking about three. Let's get past this and then let's take the other matter. Mr. Odio: No, those will be taken care of. Now, what I can do is promise at the first meeting of July, I will bring back a concluded report on the Sth Street, Flagler Street, the downtown area, and the Design District. Mayor Suarez: Including a recommendation of the elimination of those particular three as an experimental? Mr. Odio: I will remove that. I will talk to Roger and see if we can take care of that tomorrow. In fact, I have talked to Roger about putting "Press Only" signs. Mayor Suarez: auto apparently talking to Roger does not always do the trick. Mr. Odio: Well, I will talk to him again. 109 May 28 0 1987 a;. 5--_ Mayor Suarez: This is a perfect case. You remove the parking meters and then he puts a loading zone. Mr. Odio: I will remove the... r Mr. Carollo: Yes, it might be who talks to him. Mr. Odio: We can cut the... OK, I will take care of it. Mr. Carollo: Or how he's talked to. Mayor Suarez: You can't say what you... Mr. Carollo: OK, there is a motion. Mayor Suarez: OK, we have a motion. Mr. Plummer: And I seconded it. Mayor Suarez: Second, any discussion? Call the roll. The following resolution and motion was introduced by Commissioner Carollo, who moved their adoption: RESOLUTION NO. 87-506 A RESOLUTION INSTRUCTING AND REQUESTING THE DEPARTMENT OF OFF-STREET PARKING TO CHANGE OR CAUSE A CHANGE TO BE MADE IN THE DESIGNATION OF THE AREA IN FRONT OF APPROXIMATELY 1779 WEST FLAGLER STREET, CONSISTING OF SPACE WHICH WOULD ACCOMMODATE PARKING FOR THREE TO FOUR (3-4) VEHICLES FROM A LOADING ZONE TO A NON - METERED PARKING AREA FOR A TIME PERIOD OF 60 DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 87-506.1 _ A MOTION INSTRUCTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION AT THE FIRST MEETING IN JULY IN CONNECTION WITH (a) A STUDY OF THE EXPERIMENTAL PARKING PROGRAM IN THE PARKING AREA DIRECTLY IN FRONT OF THE W.O.C.N. RADIO STATION; AS WELL AS (b) A REPORT IN CONNECTION WITH ALL OTHER PREVIOUSLY OUTLINED AREAS OF CONCERN TO THE CITY, INCLUDING THE POSSIBLE ELIMINATION OF THE PARKING METERS AT THE ABOVE -REFERENCED SITE. r Upon being seconded by Commissioner Plummer, the resolution and motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Now, in your additional request, Mr. Doman, that we should have a referendum, I have never had any problems with referendums. The only question that we have is how many of the meters at question are bound to different bond issues where we are obligated in paying them?... and that In the key point. Mr. Plummer: Well, Joe, you got more than that, OK? That is fine to speak to the past, but you know, you are talking about a new facility in Coconut Grove, you are talking about a new facility, I think, in Allapattah. You are talking 110 gay 200 1947 0 about some other new facilities and for them to have the ability to go on revenue bonds, they have to show additional revenues, and I think that is where the area that you have got to be extremely careful. I think... Mr. Carollo: But, what I would suggest is, since based on my resolution of some months ago, we instructed the Manager to overlook the whole operation with Roger, that you meet with the Manager, I'm sure he could find time to meet with you next week, and see what additional solutions we could find, then come back to the Commission, let's hear them, let's go from there. There are neighborhoods in business sections that might want them. There might be others that don't. Mr. Daman: That's true, and I am not talking only because of Union Radio, because it is a media radio station, we have radio-thons and all that and people, humble people, you know. Mr. Plummer: Yes, but you see, let me tell you, Carlos, what you are not really addressing. When you do what we are going to try for 60 days, you don't preclude Mr. "ABC" from coming there and parking from 8:00 a.m. in the morning until 6:00 p.m. at night. Mr. Daman: No, no, of course not, no. Mr. Plummer: It is open, anyone can park there. Mr. Daman: You are right. Mr. Plummer: What I think you want to do is possibly, Commissioner Carollo, is to address with a two hour, or a one hour restriction, open to the public, but what do you do if six people who work across the street... Mr. Daman: Parks over there. Mr. Plummer: ...parks over there and you have no parking at all. Mr. Daman: Well, because, that's a beginning, Commissioner Plummer, or Vice - Mayor, right? Mr. Plummer: Whatever you choose. Mr. Daman: Well, maybe Mayor, I don't know. The thing is, how do you think, what do you think? Mr. Plummer: I don't know, that is why I am saying, do you want to consider... Mr. Carollo: No, he said... Mr. Daman: No, no, I am asking you. I called you Vice -Mayor or Commissioner, so I called you Mayor, what do you think about it? Mr. Plummer: How about what you usually call me, "Fulanito." Mrs. Kennedy: Don't ask him! Mr. Daman: Fulanito, all right. Now, the thing is, I am not only talking about our radio station. I've been taking a lot of calls from different people, businessmen from Flagler and also 8th Street. It is not that I am against all parking meters. Mr. Plummer: I understand. Mr. Deman: In certain areas, they don't want it, and it's useless. Mr. Plummer: that's why I think each one has to stand on its individual situation. Mr. Carollo: Carlos, as voted upon that are already, I'm curious about 1 something. Mr. Daman: Yea. 1i1 may 280 1987 IWI ELL, Mr. Carollo: What did, since you mentioned that certain newspaper, what did Mr. Castillo have to say about the parking meters yesterday on your talk show? Mr. Deman: Well, he hasn't talked about the... you mean on the Miami Herald editor? Mr. Carollo: Yes. Mr. Demant No, he hasn't talked to us anything about the parking meters. He talked to us, I mean, about you. Mr. Carollo: Ohl Mr. Plummer: One other thing. Mr. Demant And about W.O.C.N. Radio, I don't know. Mr. Carollo: Anything in particular that he is saying? Mr. Deman: No, he was trying... you were trying to jeopardize the sale of our radio station, I don't know. Mr. Plummer: One other thing, I would like to make a motion at this time that the City Manager be instructed, in relation to the citations that have been issued, that he write a letter, explaining to the judge what has transpired and the difficulties that have been involved, and let the judge know that this Commission has been cognizant of what is transpired, and the judge will be able to take that into consideration when he resolves this matter. I think it is important that the judge is aware, whatever judge this will go before on the 60 citations that have been issued, that have not been paid. Mr. Carollo: Oh, OK, I see that. Mr. Deman: Sixty? More than that. I got three more today. Mr. Carollo: I didn't know what legal case you were talking aboutl Mr. Plummer: No, no, I am saying that whatever... that the City Manager, when you take this before a judge, what you are going to do, you... OKI Mr. Demant Yes, I know, I know. I don't care, I will pay for that. The thing is, I am not only talking about... I just want to state that I am not only talking about Union Radio. I am talking about the thousands, or hundreds, or maybe dozens of people that doesn't want this. Mr. Odio: Carlos, I said to the Commission and the Mayor, that the first meeting of July we will have a report on parking meters and where we are and what can be done. Mr. Deman: All right, I have an interesting report over here, I guess you all have it, which is the Department of Off -Street Parking, City of Miami, component financial report, fiscal year ended September 30, 1966. I think you will have that. Mayor Suarez: Yes, we have and you are welcome to distribute it any... Mr. Plummert Well, I would hope the City Manager would intercede and make ='± aware to the judicial, what is the problem that has occurred and that this is not a situation that is without merit, that I think this Commission should in fact, make that known. Mr. Deman: I thank you very much for time. Mr. Carollo: Very good. �a Mayor Suarez: Wait, we are going to take a vote on that. Mr.. Deman: Oh, I am sorry. Mr. Plummer: that 'a fine. Mayor Suarez: Make that in the form of a motion, Comminotoner? lit mad► 20 190 ', -` Mr. Plummer: I so move. Mrs. Kennedy: Second. Mr. Carollo: What is the what and the judge? Mr. Plummer: That the City Manager write a letter to the judiciary, informing them of this ongoing problem, that we are addressing it, and that we feel that... Mr. Carollo: Sure, yes. Mr. Dawkins: Second. Mr. Carollo: Second. Mayor Suarez: Moved and seconded, but just in case it doesn't work out, make sure you bring your toothbrush with you when you go to that hearing. Call the roll. Mr. Plummer: You don't need a razor. Mr. Carollo: If you need an attorney, the Mayor will help you out. Mayor Suarez: That's right. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-507 A MOTION DIRECTING THE CITY MANAGER TO WRITE A LETTER TO THE APPROPRIATE JUDGE IN CONNECTION WITH THE 60 TRAFFIC CITATIONS ISSUED TO STAFF OF W.O.C.N. RADIO STATION, SO THAT THE JUDGE MAY KEEP SAID EXPLANATIONS IN MIND AT THE TIME HE RESOLVES THIS MATTER, FULLY EXPLAINING WHAT HAS TRANSPIRED AND THE DIFFICULTIES THAT HAVE BEEN ENCOUNTERED BY STAFF MEMBERS OF W.O.C.N. IN CONNECTION WITH SAID PARKING METERS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. PROPOSE ALLOCATION OF $4500 TO UNITED STATES TABLE TENNIS CHAMPIONSHIPS - INVOKE 5-DAY RULE (See label d22) Mr. Plummer: Mr. Mayor, I'd like to revisit the area of the ping pong. I have every assurance from the people that are involved, that they will make every effort to bring that tournament to the City of Miami next year. I think we have to show good faith and I would like to make a motion at this time that that which was suggested before, that we give them $40500, be mods. I think that will go along way to tell the people that we encourage you and we want you to bring back... Kra. Kennedys I couldn't agree with you more, I second. Mr. Carollo: I call in the five day rule. 113 ESP Y I • Mr. Dawkins: Second. Mayor Suarez: That was in this morning's agenda, though. Mr. Carollo: No, discussion. Mr. Plummers No, it was for discussion. He can invoke... Mr. Carollo: Discussion, but not to give any monies out. Mr. Plummer: All right, then I would ask at the next Commission meeting, Mr. Manager, that you place it on the agenda, under normal agenda items. Mayor Suarez: Please place it on the agenda for the next meeting. Mr. Dawkins: So be it. 34. FIRST READING ORDINANCE: INCREASE FEES OF CITY DAY CARE FACILITIES. Mrs. Kennedy: Mr. Mayor, I also had an item this morning that I tabled until the afternoon, the increase in the day care fees. Right. Mayor Suarez: Item 15. Mrs. Kennedy: I have looked at it, I have studied it, the new fees remain affordable for the low working mothers, which was my main concern, so I am ready to discuss it at this point. Mr. Plummer: I would like to ask the Manager, we ask him to do an intensive study on this, and these fees were not supposed to be brought back until that study was completed. I have not seen the study. Mr. Al Howard: We have went around to about 15 different day care centers, both public... Mr. Plummer: Well, excuse me, Mr. Howard, have you given to this Commission anything in the way of a study? Mr. Howard: We have the day care centers that we investigated, the fees that they were charging, that is... Mr. Plummer: That is not what this Commission asked you to do, and I have not even seen that. This Commission asked the Administration to go around and see if it was possible in the private sector to find out if, in fact, that there was a way that we would be better off going to the private sector for less money, because we know the private sector is doing it for less money. Now, I have not seen that study. Mr. Howard: OK, we have done that, we have gone around, we talked to people and there are very few corporations or people interested in the day care center. We are preparing an R.F.P., we will have that, but that will take some time. Mr. Odio: That is what we were going to do, get out an A.F.P. Mr. Howard: After the fees were established. Mr. Odio: But in the meantime, this would help... Mrs. Kennedy: Yes, but you see, it can never be self supporting, because then you don't serve the people who need it the most. The working mothers are there, and we are going to end up paying for them one way or another. Mr. Plummer: Rosario, excuse se. My only contention was not to, in any way, do in motherhood. by contention at the last meeting, sad still continues to be: can we get more kids involved, more kids involved, for the same amount of money? As I recall, and I don't have the numbers here, we case out with a number around $4,000 per year, per child, li4 Key 201 1907 Mr. Howard: Thirty-six hundred. Mr. Plummer: Thirty-six hundred, I stand corrected. Now, the private sector charges less. Now, under those circumstances, if we could get it for hypothetically, $3,000, could we afford that to more people? That was my contention. It is still my contention that, in fact, could we do and afford to more kids? That is my only point. Mr. Howard: We have found so far that the private industry is not doing it for less. In most cases, it is actually more. In some cases about forty-two fifty. Mrs. Kennedy: That's right. Mr. Plummer: But, I am not seeing that, where is it? Mr. Howard: OK, that is what we are doing to the R.F.P. We are trying to put all of this together. Mr. Plummer: I've not seen it. This was not supposed to come back until that time.... Mr. Howard: Well, that won't... OK. Mr. Plummer: ...coupled with, what happened to the request about all of the children be from the City of Miami? Mr. Howard: Yes, they are. Mr. Plummer: What happened to the request to investigate and report back to this Commission about one woman, and I don't even remember the name, who is making $76,000 a year and has her child in a subsidized program? Mr. Howard: What we have done is... Mr. Plummer: Where are those reports? Mr. Howard: That basically... We've increased the fees to match what their income is on this fee structure. That's... Mr. Plummer: So what is this woman who makes $76,000 a year paying? Mr. Howard: Well, now she will be paying $75 a week in our proposals, Mr. Plummer: Instead of? Mr. Howard: $45 a week. Mr. Plummer: We, this Commission asked that you do an investigation about the children, as to the policy of this Commission, that first and foremost be offered to City residents. Mrs. Kennedy: Let me ask on the record, are all of the mothers City residents? Mr. Plummer: No, we found... Mr. Howard: All but seven. Mrs. Kennedy: As of now? Mr. Howard: All but seven, but of that, five of them were in the City before they moved. Mr. Plummer: No, no, please, I don't need excussa! The policy of this Commission is that City taxpayer's money is running the program and that City residents get the first priority. Now, don't tell me about the fact they were in the program before, and they were there before when they lived in the City, �` because at that time they had every right. T-V Mr. Howard: but they do got first priority. 115 Mr. Dawkins: Why? Mr. Howard: They do. City residents get first priority... Mr. Plummer: But there are seven in there that are notl You tell me there is people from the City that are waiting in line. Mr. Howard: They still have first priority. When we had a center and the capacity was 45, and we put everything out, the information to get the 45, we wound up with 40. Then, we opened it up to anybody else who wanted to come in. Mr. Dawkins: But, Mr. Howard... Mr. Plummer: Mr. Howard, that is not the information I have. I have people who are telling me they have tried to get their children in there from day one, and they are City residents and could not get in, saying that it was closed. Mr. Dawkins: And I think what J.L. is saying, Mr. Howard, is just what all of us up here are saying. If a mother is earning $76,000 a year, there has to be a mother out there earning fifteen thousand whose kids should be there instead of that mother. That's alll Mr. Howard: I agree. Mr. Plummer: Did we not determine in the last hearing... Mr. Dawkins: That's all I'm saying. Mr. Plummer: We made a determination the last hearing. How many of those working mothers were making in excess of $30,000? Mr. Howard: There were about 20 total. Mr. Plummer: 231 Mr. Howard: 160 to 180 were making $19,000, or less. Mr. Plummer: 23 of those so-called working mothers were making in excess of *30,000 a year. The difference between what was to be a non -subsidized program and a subsidized, was $1.00 per child per week, and I find it impossible to believe that someone that is making between $30,000 and $76,000 a year, cannot afford the $1.001. When you are then in effect, denying other children from having the availability of the program! Mr. Howard: Well, we did increase them more than $1 on this proposal. We went a little higher on that. Mr. Plummer: One of these days, they are going to do what we ask! I'm not sure when. I would ask that this matter be deferred until such times... Mrs. Kennedy: I have just been advised, before you say that... Mr. Plummer: Sure. Mrs. Kennedy: ...that the bulk of the people make under $15,000. Mr. Plummer: No question! The bulk of the people dol But, what about the 23 who make more than $30,000? That's my concern. Mr. Odio: They help subsidize the program. Mrs. Kennedy: All I am saying, and I have been saying is, and I hope this Commission sees that this is a service that we have to provide. It is our responsibility to make sure that these children are well cared for and properly attended. It is, for many of them, the only place when they get their education and if we can find money to put up a Sayside, well, I think that we certainly should find the money to continue with this much -needed service. 116 May 280 My Mr. Plummer: And i likewise agree with you, if the money is necessary. If, in fact, we put up the money and we can afford to have 30 more children in the program, aren't we affording a better service to the community? That's what I am saying. But, did we not talk about the possibility, Mr. Manager... Mr. Odio: Yes, we did. Mr. Plummer: ... and we set a maximum cap that if you make "x" number of dollars, your children go to the private side. Mr. Odio: No, let me point out something, please. It is important that those people that are making more money are paying more fees and they are helping subsidize the program for the other kids. Mr. Plummer: But, you see, that goes directly in opposition to what Commissioner Kennedy is saying. Mr. Odio: I know what she said, but I am saying... Mr. Plummer: This is a program to help the needy, not the greedy. Mr. Odio: But those few that are paying... Mr. Plummer: 231 Mr. Odio: 23 are paying... Mr. Plummer: Out of 1061 Mr. Odio: They are paying a high fee that helps subsidize the program. Mr. Plummer: But that is not the impetus of the program. Mr. Odio: OK, then you have to... Mr. Plummer: The impetus of the program is to help City residents who can't afford something else. Mr. Odio: OK, then... Mr. Dawkins: And a person making $76,000 a year can afford something else. Mr. Plummer: She can buy the damn nursery[ Mr. Odio: Oh, I agree. Mr. Dawkins: That is all we are saying. It is for the individuals who are making the money who are struggling trying to make ends meet. Mr. Plummer: Help the needy, not the greedy. Mrs. Kennedy: Right. Mr. Odio: But, Commissioner Plummer, you are worried about the subsidy, what I am going to do is project for you for the next Commission meeting, what it would happen if you had all the families making less than $15,000, you would be in the red for a lot more money than we are now. Mr. Dawkins: No, we wouldn't, we wouldn't have no center. That isn't any problem. Mr. Howard: That's right. Mr. Plummer: I would ask that this scatter be deferred until all the Information that this Commission requested be forthcoming. Mrs. Kennedy: Let me second for purposes of discussion. When can you have that out, you think? Mayor Suarez: Moved and seconded. Mr. Plummer: Hopefully, the next meeting. 117 NOT to 1987 Mrs. Kennedy: At the next tweeting? Mr. Plummer: We thought it was going to be this meeting. Mr. Odio: What we were planning to do, is bring the R.F.P. in the first meeting of July. In the meantime, get more money. Mr. Plummer: Bring the R.F.P. the first meeting in June. Mr. Odio: We can't do it by then. Mr. Howard: No, not, because we have a lot of information to obtain on that for the R.F.P. Mr. Plummer: I have no problem with that. Mrs. Kennedy: I move to pass it on first reading. Mr. Plummer: Do you want to pass it on first reading for mechanical time? I have no problem with that at all. Mrs. Kennedy: So moved. Mayor Suarez: Read the ordinance. Mr. Plummer: But, you understand second reading is not going to be until we get information. Mrs. Kennedy: Right. Mr. Plummer: So, don't put it on an agenda until that time! Mayor Suarez: Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-26 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "FEE SCHEDULE" FOR THE PURPOSE OF GENERALLY INCREASING THE FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None. DURING ROLL CALL: Mr. Carollo: (OFF MIKE INAUDIBLE) Ms. Hirai: It is deferred for further information, sir. Mr. Carollo: So it is deferred? Mayor Suarez: No, no, we are voting on first reading. Mrs. Kennedy: No, it is passed on first reading. Ms. Hirai: Oh, I am sorry, you are passing it on first reading, that is true. Mr. Carollot To increase the _fees? No. ila Maw 4A_ IOR! Mayor Suarez: And we have instructed the Administration to provide all the information that is requested prior to the second vote. Mr. Dawkins: Yes, knowing that I am going to change my vote on the second reading. 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. 35. SECOND READING ORDINANCE: IMPACT FEES. Mayor Suarez: Item 34, impact fees. Mr. Carollo: 34, right now? Mr. Dawkins: That is J.L. Plummer's baby. Mr. McManus: Mr. Mayor and members of the Commission, this is second reading of the City's proposed impact fee ordinance. This was discussed briefly before you at your last Commission meeting. This proposal would enact impact fees against new development within the City of Miami, with the exception of single family housing in City projects. The projected revenues from this impact fee totals $43,000,000, extending out over the next 20 years. Also, available to you at your meeting two weeks ago, was a Law Department legal opinion that compared the City's impact fee with the state of the State's enabling legislation for impact fees which is currently under consideration in Tallahassee at the present time. The Law Department went through an extensive analysis of the inner relationship of the proposed senate and house bills in regards to the City's impact fee ordinance, and concluded that the appropriate action for the City Commission to take is to proceed now and to act immediately because the Senate and House bills both offer the opportunity to the City of once local impact fees are enacted, you then have a time period which would stretch out to approximately 16 months. At that time, in September of 1988, again when we bring before you a revised local comprehensive plan that is consistent with State statutes, at that time, our local impact fee ordinance would then have to conform with State statutes. Again, this is approximately a 16 month period. Mr. Plummer: OK, now once again for the record, I heard it before, but I just want it on the record again. If we don't impose this on second reading today, approximately how much money will the City lose to it revenue side, if we sit around and wait. Mr. McManus: It is approximately two million a year. Mr. Plummer: Well, I heard before three million but I'll accept two. Joe, I do have one problem that has been brought to my attention and I think that it merits discussion. It is my understanding, Madam City Attorney, that in fact if the people presently have a building permit, they will not be imposed. Is that correct? It is not the intent of this ordinance to do such. Mr. McManus: If they have a valid building permit, that's correct. _ Mr. Plummer: Nov, there is one other area that has not been discussed and I think it needs discussion and it has merit. If in fact, a developer has gone before the South Florida Regional Planning Council and received his development order, he has negotiated that based on fees that they impose, without the aspect of having to consider that they might be imposed from a City level. I think it is only fair that any developer who has a development order issued and approved by the South Florida Regional Planning Council should also be exempt. What I am saying is this: "well, hey, here is the problem." You can't expect a developer to go up to the South Florida Regional Planning Council and agree to have imposition of certain fees when he was not r; aware that those fees would be imposed from a local level. I would assume that if he knew that there was going to be impact fees from a local level, be { would have probably not agreed, or negotiated down the impact teem imposed by the Regional Planning Council. Do you understand what I an saying? s . 119 Noy 280 1997 19 - � Y w_ • C Mrs. Kennedy: I think in the name of fairness that they should be excluded. Mr. Pierce: I don't disagree with what you are saying, Mr. Vice -Mayor. My only concern is that if a developer has gone up to the Regional Planning Council, say four, five years ago, and he is sitting there with something that says he is going to make these contributions when he pulls a permit, then he is wide open. I'd like to see some kind of closure on it, so that someone can't sit out there forever. Mr. Plummer: Well, OK, you make a very good point, OK, and I don't disagree with that. The only thing I am saying is, I am very much, as you know, in favor of the impact fees, but I don't think that it is really fair that we can double dip, OK? Mr. Pierce: I agree with you, totally, air, I don't... Mayor Suarez: I would suggest no more than a one-year period for lapsing of that grandfathering of anyone who has a development order. Mr. Plummer: If one year is fair, or whatever you set. Is one year fair, is two years fair, what is fair? When does the State go into effect? Mr. Pierce: Eighteen months? 1988? Mr. Maxwell: You mean the State statute? Mr. Plummer: Yes. Mr. Maxwell: We don't know at this time. Right now it says that it shall take effect upon becoming law and everything, when the Governor signs. Mr. Plummer: Well, then I would suggest that we go the 18 months, which has been bandied around, OK? So, what I am saying to you, is if a developer has a D.O. approved with negotiated impact fees, he would then be exempt from impact fees imposed by this ordinance, if he draws his permit within 18 months. Mr. Pierces Eighteen months from the effective date of this ordinance? Mr. Plummer: Yes, sir. OK? Mr. Odio: May I ask another... Mr. Plummer: Now, 30 days from today, when this becomes law, that no longer is in effect for anyone else to be grandfathered. Mr. Odio: May I... Mr. Plummer: Yes, sir. Mr. Odio: I am talking about exemptions. I am worried about the projects that the City helps finance through the housing agency, or whatever, that we would be paying ourselves. I mean, I think that should be exempted. Mr. Plummer: The City is not subject to impact fees. Mr. Odio: Yes, the housing developments are, and that is what I want to clarify. You know, take Overtown/Park West. Mr. Plummer: Excuse me, why would the City impose impact fees on its own developments? Mr. Odio: Well, that is the question I want clarified so that we don't do that. Mr. Plummer: I thought that they were exempt? Mr. Odio: No, sir, they are not. They are telling me.., and I've got a problem with that, that we go and raise monies to finance and to develop Overtown and then we have to pay impact fees back to the City. That doesn't wake sense. 120 may 20, 1987 Mayor Suarez: You are not talking about Overtown/Park West, are you? Mr. Odio: Or any other project, any housing... Mayor Suarez: Well, because the City sponsored Overtown/Park West project should not come into the impact fee ordinance at all. Mr. Odio: Or any other housing development project. Mr. Plummer: No, no! Whoa now! Mayor Suarez: Sponsored by the City for... Mr. Plummer: Sponsored by the City, yes, but not any other housing projectl Mayor Suarez: Oh, nol... sponsored by the City. Mr. Odio: No, no, sponsored by us. Mr. Plummer: You said any housing. Mayor Suarez: No, no, I'm sorry, I didn't finish the sentence, no. Mr. Plummer: Yes, OK, I can agree to that, yes, sir. Mr. Odio: The Circa..and the talking about the project at Melrose site, and projects like that. Mayor Suarez: Yes, Civic Center, Melrose... Mr. Odio: Civic Center, Melrose, over by Curtis Park, any project that we start to create housing. Mr. Plummer: If the City is involved, to me it is ludicrous to put impact fees. Mr. Odio: That's right. Mr. Plummer: Now, that does not speak... you know, it is the same thing with the sales tax. For years, they have been charging, the State has been making me, the City, pay sales tax on construction of City projects. The arena downtown alone is $500,000 worth of that which we should not have to pay. Mayor Suarez: That's right. Mr. Plummer: So, I am saying to you, that any City involved project relating to housing, or any City project, period, should not be included. Mr. Odio: Yes, but they are telling me, the lawyers here in Dinner Key and downtown, are telling me that we cannot do this and I think it is ludicrous that we cannot... Mr. Plummer: Why can't we do it? Mr. Pierce: What we can or cannot do, is predicated upon the State statute, and I recall the statute says that the impact fee has to apply to all development It doesn't make any distinction between City sponsored or privately sponsored, or what. The attorneys need to respond to that. i Mr. Plummer: Well, you know, I am not going to argue with the law. I can only argue what I think is fair. Mrs. Kennedy: Right. Mr. Pierces Well, Mr. Plummer, quite frankly, I don't think the statute is fair. Mr. Odio s Walter, let me put this on the record. She asked me what about Bayside, but Bayside is a profit making... Mrs. Kennedy: Right. r�Y 121 boy 20,=.1907 0 11 Mr. Odio: ...project. Mr. fierce: So is a housing project. Mr. Plummer: No question. Mr. Odio: No, but the housing is providing a social service. Mrs. Kennedy: We are talking about two different issues, here. Mr. Maxwell: Mr. Commissioner, Vice -Mayor, I think Mr. Pierce is correct concerning the provisions of the State statute. There is no exemption for public projects at this time and I would say to the extent that any project, quasi -public project of the type we are talking about here, funded by public funds, the courts may agree with us that they should be exempted, but as the statute reads at this time, there is no provisions for such an exemption. Mayor Suarez: You are talking about the State statute? Mr. Maxwell: That's correct. Mayor Suarez: And you don't think in addition that there is any ability or discretion for this Commission to exempt by ordinance? Mr. Maxwell: No, I am saying that that has not been litigated to this point. There is no court decision on the point. Mayor Suarez: But, why should it be litigated? We, in our own wisdom, decide that we should not apply an impact fee, take with one hand from our own projects to give to the other hand and put it into our capital... Mr. Maxwell: No, absolutely. What I am saying is, I agree with you. I believe that a court would agree that we could do that to the extent that we exempt that that is funded by public funds, to the extent that there is a cooperative development. They may take a different view on the private side funding. Mayor Suarez: Why would that be invalid? Wouldn't that be within our powers fully, and our police action, and everything else? Mr. Maxwell: It has not been decided. Mr. Plummer: No. Mr. Maxwell: I would question... Mr. Plummer: Well, wait a minute. Bayside, yes, they are profit -making. UNIDENTIFIED SPEAKER: (OFF MIKE) So was the Orange Bowl. Mr. Plummer: Well, yes. The arena is proposed to be profit making, but I see the day it ever comes. Walter, are you saying, let me ask you, in relation to that development order for private developers who already have their D.O., are you saying that that is not legal? Mr. Pierce: No, what I am saying... but again, Maybe Mr. Maxwell should respond to that. Mr. Maxwell: No, I think that would be defensible. Mr. Plummer: You say that is defensible? Mr. Maxwell: Yes, sir. Mr. Plummer: All right, we'll make it 24 months instead of 18, OK? Now, look, we know where we are. _= Mr. Pierce: Fine, yes. Mr. Plummer: And where we are is this. If in fact the State law comes into effect, it is going to circumvent, or take away our riShts, regardless. May 28, 1907 3' 0 Mr. Maxwell: Not exactly. We have until we enact the capital improvement elements of the comprehensive plan in order to bring our ordinance into compliance with State law. Mr. Plummer: Yes, but hey, Sergio and I... Mr. Maxwell: And now it's approximately nineteen eighty... Mr. Plummer: attended every meeting of the growth management. We both sat on that, and I want to tell you, they don't know where they are, OK? That happens to be the truth. Now, I don't think that we want to stymie any major projects in this community. I would say to you, from what I understand from the City Attorney, I would say when the motion is to be made, and I know Mr. Lowell and others have some requests that they want to make. I would say, number one, that we exempt any D.Os. already approved for a period of 24 months from the date of this becoming effective law. Number two, that we exempt... Mr. Pierce: On the last point, before... Mr. Plummer: Yes, sir. Mr. Pierces From 24 months from the effective date of this ordinance, or the expiration of the development order, whichever. Mr. Plummer: Whichever comes... yes, of course. If the development order is over, then the school is out. What they had negotiated previously no longer exists. Mr. Pierce: I just wouldn't want somebody to hang us on arguing that point. Mr. Plummer: No problem. And second, that any project that is with a nonprofit or City -owned land, is exempt as it relates to housing, OK? In other words, if the City is a joint venture, or it is City -owned land, they would be exempt from this ordinance. UNIDENTIFIED SPEAKER: (OFF MIKE) Now about any affordable or low cost housing? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Only if the City is a joint sponsor, or on City -owned land. Mayor Suarez: Yes, it is better not to... Mr. Plummer: Yes, and it involves housing. Mayor Suarez: I would suggest, as Vice Mayor is proposing, that we don't say, affordable, low cost housing, because we should not be involved in it if it is affordable low cost housing, number one. Number two, it is very difficult to define in some of these projects that we have got whether, in fact, we are doing affordable housing or not. Mr. Plummer: It is impossible. Mayor Suarez: Right, when 75 percent of the units are not... Mr. Plummer: Well, those are the two things, Mr. Mayor, when this matter comes up for a motion, that I will be including. I am not trying to cut off discussion. Mayor Suarez: Yes, I know, I would agree with both of those. OK, Truly. Ms. Truly Burton: Thank you, Mr. Mayor. My name is Truly Burton, and I represent the Builder's Association of South Florida. The address is 15225 N.Y. 77th Avenue. Since everyone is in an exemption mood here, temporarily - J.L.'s head popped up for a minute, I sari that - there is one other exemption that our members would strongly appreciate your considering. There are numerous projects that applicants have already dropped off to the Building and Zoning Department that have completed plans that have already boon date stamped by the Building and Zoning Department and are already going through the process, but they have not received their building permit yet. These 123 Noy 28, 1987 folks could in no way have contemplated in their either financial arrangements with their banks, or in the product that they are going to sell, that there was going to be an impact fee that they would have to consider. In particular, small projects would be hurt, because their margins are much smaller than bigger ones. Mayor Suarez: OK, that is a good clarification. You are not talking about major projects that would be under D.R.I. anyhow. Ms. Burton: No, anything that is in the pipeline now that is already in the process, that have completed plans, have been submitted... Mayor Suarez: Are you talking about... Ms. Burton:... should be exempt. Mayor Suarez: ... small projects, under regional impact size? I mean, they always knew, if they were that size that they would be subjected either to exactions under the regional impact process, or impact fees. Ms. Burton: Anything under the D.R.I. size. Mayor Suarez: OK, thank you. Ms. Burton: OK, and there are several other comments that I just wanted to make about the ordinance. In general, I first wanted to thank the planning staff. They have answered, I don't know, maybe a hundred of my phone calls, plus many others of members of my organization and they have really tried to provide as much information as possible and met with us, maybe 15 or 20 times on the ordinance, so they have had a tough time in preparing an impact fee ordinance for an already urbanized city. That is a very difficult thing to do. However, my members have asked me to just say that they don't have a problem with the concept of impact fees, but they do have a problem with this particular concept as outlined in the ordinance. First, impact fees should be looked upon as just one part of many different kind of revenue producing techniques and in the ordinance, there doesn't seem to be any provisions for special assessment districts, or other sorts of things. Mr. Plummer: Truly, this is not in any way, a revenue -producing ordinance. Mr. Burton: Then what is this? Mr. Plummer: This is an ordinance proposed to address the impacts created by development. This City does not expect in any way, at least I don't. I don't expect that this City will derive one new ounce of revenue for its general fund. It will pick up the tab of the impacts created by development. It is not a new revenue source. This City has been picking up the tab, and the taxpayers through bond issues and other things, for the impacts created in the past, so it is not a revenue source. Me. Burton: I guess I am confused, then. I am looking at the backup data that was attached, and particularly appendix B. The whole document seems to me like a capital improvements budget, or a portion of it, and... Mr. Plummer: That's correct. That is correct. It is a capital improvements budget to address the issues created by new development, that the taxpayers have been picking up in the past by bond issues and allowing the developers not to pay it and make additional profits. Ms. Burton: I am not here to argue that particular point, but I am looking at the ordinance and on page 8, it says that the impact fees, for let's say downtown parks, they are going to raise 7.4 million dollars. Mr. Plummer: To address the issues created by the impact of developers. Ms. Burton: Fine, then why does this budget here say $55,000,000 for parks? Where is the rest of that money going to come from? Mr. Plummer: well, it will come from the developers, of course! Me. aurton: Then shouldn't it be part of the impact fee ordinance so we can look at it as a package? 124 may 290 19$7 U L A Mr. Plummer: You are getting legal and ask the City Attorney. No. Burton: Joel? Mr. Maxwell: Repeat your question. Ms. Burton: In the ordinance, impact fees for parks, let's say for downtown, I am looking at page 8 of the ordinance, would be for 7.4 million dollars. When you look at the appendix B, Roman XVII it says the whole budget is $55,000,000. I am just confused as to is this a capital improvement budget, is this an impact fee budget? I don't understand it. Mr. Maxwells Well, questions should probably better be directed to Planning, but I can tell you what my understanding is, that one, $7,000,000 is the fee that... well, one fee deals with the actual program itself, what the parks will cost, and the other figure deals with what the impact fee would generate. The $55,000,000 is not designed to be generated by the impact fee ordinance. In addition, to answer your question posed to the Commission earlier, the impact fee ordinance is designed to offset the effects of unanticipated development, not to generate income to the City. The, capital improvements program... Mayor Suarez: Wait, that unanticipated development is a little confusing, Joe. Mr. Maxwell: Well, you have the capital improvements program. Mayor Suarez: Right. Mr. Plummer: And part of that is the anticipated revenue. Mr. Maxwell: In that they anticipate what development will be and they plan development for the City. It is supposed to be a part of the comprehensive plan. The City, through its Planning Department, determines what its infrastructure needs will be. What the impact fee ordinance will do, is pay for any development beyond that point. Beyond that point. Any anticipated capital improvements generally are paid from the general fund, but the impact fee ordinance will pay for anything beyond that point. Ms. Burton: So, in other words, the backup is really a capital improvements budget, but what is going to be paid from impact fees is listed in here... Mr. Maxwell: I'll defer to the Planning Department. Mr. McManus: As a proportion of the total. Ms. Burton: As a portion of the total, OK. Mayor Suarez: OK, I think what you meant by unanticipated development is that... or capital improvements, are those capital improvements resulting from existing development. Mr. Plummer: No. Both. Mayor Suarez: Because any that result from new development, certainly, whether they were anticipated or not, they would have to come out of the Impact fees. I mean, those are the ones against which we impose the exaction, that is the whole idea of it. Mr. Plummer: Exactly. Mayor Suarez: That, unanticipated, worries me a little because it sake it sound like anything that someone never dream about, or something. I mean, there has been a lot of... Mr. Plummer: Future development. f Mayor Suarez: Ten, it In really, future development. .. No, Burton: OK, then that clear up the rest of ny comments, then. But, the !embers did Mint me to... a 9 m nF 125 May ZOO, 1"7 Mayor Suarez: I am just talking about definition, now, I don't know anything about the figures you are talking about there, Truly. Ms. Burton: I think I got a clarification of my answer, but the folks did want me to come down and respectfully request that you did put an exemption in for those projects that are already in the pipeline under D.R.I. size. Mr. Plummer: Under the what? Ms. Burtons Under D.R.I. size. Mr. Plummer: D.R.I., under the...? Ms. Burton: D.R.I. threshold... Mayor Suarez: Yes, smaller than D.R.I. Ms. Burton: Am I talking too quickly? Mr. Plummer: When you say... what do you mean by in the pipeline? Mayor Suarez: Yes, that's... Ms. Burton: Anything that I spoke with Editha Fuentes about this. Mr. Plummer: I am not understanding you, I am sorry. Ms. Burton: OK. There are a number of projects for which applicants have already submitted completed plans. Mr. Plummer: Have they received their building permits? Ms. Burton: But they have not received their building permit yet, and they may have submitted them 60 days ago, or 65 days ago, when they are almost there, but they are not quite. Our folks think that it would be appropriate to put language in the ordinance that would permit any applicant that has submitted a completed set of plans, that perhaps has got plans processing number, be exempt from it, because they could not have anticipated, let's say six months ago when they began to design their project, go to the bank... Mr. Dawkins: Oh, wait now, hold it Truly. Six months ago you and I discussed impacted fees, so six months ago they would have known. Nov, you and I have been knocking this around a year. So now, if you are talking about a year ago, you have got me, but if you are talking about people who put plans in six months ago, or eight months... How long, when did we start this? Ms. Burton: Oh, my God, you started this three years ago, if you want to know! Mr. Dawkins: When did we start this? Mr. McManus: We originally got consultants, under hired in 1982. Mr. Dawkina: Eighty-two. So anybody who filed, Truly, had to know since 1982. Ms. Burton: I would beg to differ, Commissioner. I really... Mr. Dawkins: Well, if not, then they shouldn't be in business, right? Ms. Burton It is a little cut and dried, but... That is what our members would request. Mr. Plummer: Truly, my problem is this. That is the same, is tantamount to saying that those projects that are on the drawing boards now, will not create any impact. No. Burtons No, not on the drawing board. No, no, any plans that have been submitted to the Building and Zoning Department that have been accopted as completed plans and they are in the middle of being processed right now, Those are the plane I am talking about, not plans that are still back on the drawing board of some engineering company, someplace. They are already at the building and Zoning Department, being processed now. 126 Nay g,lN7 11 Mr. Plummer: All right, let's speak to the Administration. Is that a fair request? Mr. Pierce: Mr. Vice Mayor, it is the same thing we did when ordinance 9500 was adopted back in 183. There was a provision put in that any plans that were there under 6871, and there was a legitimate effort being made, to complete them, and pull the permit, they were grandfathered in for a period of time. Mr. Plummer: Well, are we saying that these people that are in the pipeline, as she refers to, have to draw a permit before the thing becomes effective in law? Mr. Pierce: No, what she is saying is that if they are legitimately pursuing the issuance of a permit now, and they are already in Mr. Plummer: But, how long is it going to be to allow them to draw a permit? Mr. Pierce: You can put a period of time after the effective date. Mr. Plummer: What is reasonable? Mr. Pierce: I'd say 90 days. Mr. Plummer: In other words, from 90 days from effective law. Mr. Pierce: Right. Mr. Plummer: How about 30? OK, your point is well taken. Ms. Burton: Thank you. Mr. Russ Marchner: Mr. Mayor, thank you very much. I am Russ Marchner, a registered lobbyist for the Real Estate Action Council of Dade. You may have already covered this point. Is residential construction included in this? Mr. McManus: Yes, sir. Mr. Marchner: All residential construction? Mr. McManus: No, sir, single family is excluded and of course you have heard the discussion that there might be a possibility of City -sponsored housing, if it were devoted to residential, be excluded. Mr. Marchner: All right, with the exclusion of single family, is this ordinance still in conformance with existing State law? Mr. McManus: There is no State law regarding this, although there are two bills in the Legislature now, one in the Senate and one in the... Mayor Suarez: No, no, he means the universality requirement under the State law. And it is a fact that we are exempting single family residences, does this create a problem for us, defending the statute? Mr. McManus: The Law Department is prepared to defend the ordinance. Mayor Suarez: Joel, do you want to answer the question very briefly for...? Are we OK on it, if we make that exemption? Mr. Maxwell: That question hasn't been addressed by the courts, Mr. Mayor. We feel... Mayor Suarez: Well, you can't always give us opinions based on what the courts have done. 0. & Mr. Marchner: Not as a unit, but maybe individually. Mayor Suarez: Thank you for the collective disclaimer, at least, Russ. Mr. Marchner: Number two... well, thank you. Has there seem any fear expressed that this might drive developments from the City of Miami to elsewhere in Dade County? Mayor Suarez: Not with me. Mr. Plummer: I think it has been expressed that the same fear prevails that we are driving people out of this community who can no longer afford to pay for the capital improvements of developers who are making a profit. I think both fears have been expressed. Mr. Marchner: OK. Mr. Dawkins: And it never bothered me for the simple reason that land is a commodity they are not making no more of, and if you don't use it this year, you have to use it next year. Mr. Marchner: That's true, Commissioner, but I was just thinking that maybe elsewhere in Dade County, it might be used more readily. Mr. Dawkins: They would eventually run out of that and have to come back to us too. Mr. Marchner: All right, thank you very much. Mr. Jack Lowell: I'm Jack Lowell, 801 Brickell Avenue. I want to thank Commissioner Plummer for recognizing the peril that the larger projects are placed in and endorse and support his recommendation for a 24 month extension for D.R.I. approved projects. Mr. Plummer: Jack, understand me well now, so we don't misunderstand each other later. That is for projects that have already received their development order. Mr. Lowell: Yes, sir. Mr. Plummer: OK? Mr. Lowell: I understand. Mayor Suarez: There is no grace period, I mean we are not talking about a grace period. We are talking about a process that already has a development order having... Mr. Plummer: And has negotiated already impact fees with the South Florida Regional Planning Council. Mayor Suarez: Exactly. Ms. Brenda Harriston: I'm Brenda Harriston, president of the Brickell Area Association. We recently sent each member of the Commission a letter stating our position on this ordinance, and I would like to restate that position today. First, I would like to say that we are not opposed to impact fees. We recognize the need for them to pay for the demands on the infrastructure that are brought about by the development. However, we feel that impact fees, both the rate and the usage, should be consistent with the actual demands which result from the development. We strongly urge that you substantially modify the proposed ordinance for four key reasons, which were outlined in our letter to you. The first of those is that the usage of these fees for non -capital improvements, such as street repaving and park improvements, is not consistent with State law. Secondly, we believe that the expansion and... Mayor Suarez: For non -capital improvements such as street repavings and park improvements? Ms. Harriston: That's correct. 128 may to L951 Mayor Suarez: You understand, Brenda, that sometimes a street repaving or a park improvement would be a capital improvement by anyone's definition, of it I mean, the reasonable man's definition. Ms. Harriston: I think that... Mayor Suarez: I think your other three items are better than that one, I... Ms. Harriston: You wouldn't consider those routine operating expenses as opposed to capital expenditures? Mayor Suarez: Supposedly, you know, a street lasts a long time, it should be a... Go ahead. Ms. Harriston: Well, the street itself does, we are not talking about building new roads. Mayor Suarez: The last little layer on top Ms. Harriston: We are talking about paving them. Secondly, we believe that the substantial expansion and upgrading of park lands in the downtown area is not consistent with recent City Commission actions, whereby park lands were - leased to private interests for private usage. Thirdly, the area... Mayor Suarez: Which is that, for example? Oh, you mean, you are referring to Bayside? Ms. Harriston: Bayside, Watson Island, the helicopter situation, restaurant usages. Mr. Plummer: Brenda, as long as you bring back to the City. 676 million dollars that Bayside has proposed to do, I think I would definitely consider what you're saying. Ms. Harriston: Thirdly. Mayor Suarez: I know you have a couple that are good in there because I remember reading your letter. Mr. Plummer: She'd better get to them. Ms. Harriston: The area wide DRI for the downtown core contains provisions for substantial assessments on private developments which are to meet the needs of the regional impact of those developments. And in addition, the county is considering the impact fee ordinance for transportation purposes and we believe that those fees and the methods of that application should be consistent with this ordinance. Mayor Suarez: Ok., that's a good question now. Ve'll have to take into account whatever the county does by way of transportation impacts, right? Mr. Odio: Yes, air. Mr. Plummer: No question. Mayor Suarers And that might lead to a modification of our figures - conceivably? Mr. Plummer: Not necessarily. Mayor Suarez: Conceivably? Mr. McManuss Conceivably. Mr. Plummers No, because ours - no, wait a minute - whoa - ours... Mayor Suarez: We've taken into account, some transportation. Mr. Plummer: We're - no, not really. Not public transportation. No, no. Our impact tees do not address... Mayor Suarers You're narrowing the topic of transportation... 129 X" Y$, 1"75 17J 11 Mr. Plummers Exactly. Mayor Suarez: 6.. there's conceivable that some transportation impact considerations by the county would overlap ours, I... Mr. Plummer: We - we... Mr. McManus: What - what - what is happening, we have an impact fee for local City streets... Mayor Suarez: Oh, they have different streets too, that' right. Mr. McManus: for rebuilding. Ok., the county is going to be talking about... Mr. Plummer: Public transportation. Mr. McManus: ... the public transportation... Mr. Plummer: Exactly. Mr. McManus: ... in the county arterials. Mr. Plummer: Big difference. Mayor Suarez: And the county streets. Mr. McManus: So there... well. Mr. Plummer: Yes, what she addressing is the $104,000,000 a year subsidy that Metro is having to put into the bus system, rapid transit, and Peoplemover. It has nothing to do with us. That's separate and aside. Mayor Suarez: But as an overlap, we would have to give credit. It would be very much like, you know, foreign taxes against local taxes. Ms. Harriston: We just feel that these fees should be considered and it should all be coordinated with this ordinance. The fourth... Mr. Plummer: No, we, excuse me, we can't. We cannot address public transportation. Mayor Suarez: Oh, no, if there is an overlap is what she means. Me. Harriston: If... Mr. Plummer: It is not our responsibility, so we can't, no... Mayor Suarez: If it deals with the same transportation improvements. Mr. Plummer: Excuse me, she is saying to incorporate it with this ordinance. We cannot do because we don't have control. Ms. Harristons Not necessarily to incorporate it, but... Mr. Plummer: Well, that was your wording. Me. Harriston: ... to consider it. I said, coordinate it, not incorporate it. Fourthly, and our final point is the ordinance calls for assessments for solid waste disposal and the majority of commercial properties of substantial size contract with private entities at their own expense to handle their solid waste and we believe that the ordinance should provide an exemption for such property owners. Mr. Odio: I don't agree with you on that one, Madam, because, excuse me, we have to hook links up the sidewalks and the streets, you know, there's it impacts, traffic impacts on solid waste and, by the way, we provide a better service than the private sector in that case and cheaper so if you should start thinking about using us... Mr. Plummer: That was a commercial. 130 flaw 'lA _ 1 QAls Ms. Harriston: I think we're speaking about the removal of the waste that is the ordinary trash and whatever from the buildings. Mr. Odio: You still impact on the solid waste. And we can prove it to you. Ms. Harriston: For street cleaning and for... Mr. Odio: And the streets, you know, the private haulers don't haul everything out. Ms. Harriston: Again, getting back to my original statement, we just feel that both the rate and the usage of the fee should be consistent with the actual impact of the development. As much as possible. Mayor Suarez: Let me ask a question on that point. Have we... we've had many, many lively discussions on the issue of the impact on solid waste... Mr. Odio: Yes, but, sir, let me point something else out... Mayor Suarez: Capital improvements and so on - have...? What about the point that most of the major developments downtown use their own system. We just go back to saying that only that part that is attributable to the overall cleanup and not to the regular service... Mr. Odio: And let me point something else out, Mr. Mayor, that I forgot to tell her that - when a new building is going up... Mayor Suarez: Yes. Mr. Odio: ... we have to plan to pick up that garbage. We don't know what the - they have the right to use private or us. And the new ordinance that we passed, by the way, chapter 22 provides that we have right of first refusal. So we have to plan just like if we were going to pick it up. And in some cases we might decide we will pick it up and we'll not be able to use a private hauler. Ms. Harriston: If after the development is completed and the private property owner does, indeed, contract with a private hauler, can't there be some mechanism for a credit...? Mayor Suarez: What - yes, what happens then, you're talking about you plan to use the City's facilities and yet they later provide for their own. Because they are allowed to under our ordinance. Mr. Odio: But we still have to have the infrastructure in place and solid waste to do that service. Mr. Plummer: It would be basically the same thing as that you provide through your taxation public schools. If you elect to send your kids to private school, you still pay the taxes on public and that's what it... Mayor Suarez: Yes, but you're going to have a very tough time supporting that in court if we keep saying that we're just basing the impact fee on what we plan regardless of what later actually happens in terms of whether they use the service. Unless we need that capacity no matter whether they use it or not, that's... Mr. Plummer: But you've got to plan for it. Mr. Odio: We have to have increased... Mr. Dawkins: Well, what would the private haulers' trucks run on? On air? They would run on the same roads that we have to maintain and take care of. Mayor Suarez: Yes, she's acknowledging the transportation... Mr. Dawkins: All right then, so, I mean, and I said I wasn't going to say anything. I'm sorry. Go ahead darling. I promise not to say nothing. Ms. Harriston: No, those were the four points that we wanted to ask you to review and consider and we appreciate your consideration of them. 131 Kay 30, 19870 Mayor Suarez: It sounds to me like even on that last point, you may have some after the fact right of redress, if, in fact, most of those companies are not using the system. Ms. Harriston: I would think so. Mayor Suarez: I don't want the... Ms. Harriston: If you plan - if you have to plan for the infrastructure need and then it doesn't come about, I would think that the private property owner would be entitled to a refund perhaps. Mr. Maxwell: Mr. Mayor, there's a provision for that. Mr. Odio: Excuse me one second. Let me repeat this to you. Chapter 22 of the ordinance that was passed on solid waste give us the right to pick up the garbage in those buildings and we intend to gear up to do that. Ms. Harriston: It gives you the right to pick up the trash? Mr. Odio: Yes. Mr. Dawkins: And the garbage. Mr. Odio: And the garbage. Mayor Suarez: And, in fact, it gives us the right to prohibit anyone else from doing it which is interesting. Ms. Harriston: But that doesn't mean that you really want to do that. Mayor Suarez: No, no, we don't want to do that. Not as of yet. We do want to compete, though. Mr. Maxwell: In addition, Mr. Mayor, in addition there is a provision that if the money is not encumbered within six years, I believe, six years, then the money shall be refunded. State law requires that as well and case law. Ms. Harriston: Refunded...? Mr. Maxwell: So they would get their money back with interest if it was not encumbered within that period of time. Ms. Harriston: Refunded to the developer. Mr. Maxwell: Developer, that's correct. Ms. Harriston: Thank you very much. Mr. Plummer: I'll guarantee you that will never happen. Mrs. Kennedy: Good luck. Mr. Plummer: Don't hold your breath for that refund. Mrs. Kennedy: In case we approve this today, does the fact that the state will have it's own impact fees, supposedly as a model, have any bearings on us? Mayor Suarez: We'll have to make changes in our... Mr. McManus: Yell, it sets up a period of time approximately some sixteen months until September of 1988 by which time the City would have to conform it's impact fee to the states, enabling legislation. Mr. Plummer: Which is not in place. Mr. McManus: And we visualise that that would be adequate notice to the City to work out any irregularities. Mr. Plummer: Between the two. 132 lley- 28, 19871 Mr. McManus: Between that time frame. Mrs. Kennedy: Ok.. Mr. Plummer: Mr. Mayor, hearing that no one else wishes to speak, I would trove item 34 under the following conditions. Number one, any developer that presently has a completed DO would be exempt from this ordinance for 24 months to pull the building permit from the effective date of law. Number two, that anyone who has a project that is less than a DRI, who has their plans on record at the time of effect of law, have 45 days to be exempt from this law for the purposes of impact fees. Number three, that any nonprofit joint venture with the City or and/or using City owned land, would be exempt from this ordinance. Now, that's my motion. If somebody will second it. Mr. Dawkins: Second it, under discussion. Mrs. Kennedy: I will second it. Mr. Plummer: All right. Under discussion, let me tell you what I changed. In the third item of amendment, I changed from City joint venture, nonprofit, or City land property, I deleted the word of "housing". For example, it was brought to my attention that in southeast Overtown, that some of those are mixed projects of both housing and commercial. It is a joint venture with the City. It is, in fact, a City owned land and that is the reason I dropped the word "housing". It would definitely incorporate housing if it prevailed under the other two so I wanted to make the clear distinction so there was no misunderstanding at a later time. Mrs. Kennedy: Ok, under discussion, in answer to my question about the State impact fee, the Law Department has something that they would like to put in the record. Mr. Maxwells Yes, Mr. Commissioner, Commissioners. The comments that we have made concerning the state law at this time are rather speculative. The law hasn't been passed by the legislature this time. There are two separate bills. One is CSB 1195 which is the Senate bill commonly known as the Margolis Bill. It now is pending in the Senate. There is a House bill, as well that came out of Finance and Tax today. It is substantially different from the Margolis Bill. They will have to go to conference if the House passes their bill and the Senate passes theirs, they of course will have to go to conference. We don't know what will come out of conference at this time. It may be substantially different. It may have a different effective date. It may have different provisions in it altogether. We don't know, so what we're doing, we're advising you based on what we see the law as today. Based on what we have. Mrs. Kennedy: And if we have to adapt it, we will so adapt it. Mayor Suarez: Right. Mr. Maxwells We would have to comply based on what the State requires. Mrs. Kennedy: Right, we don't know at this point. Mr. Maxwell: We don't know. That's right. Mayor Suarez: Ok.. We've got a motion and a second. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I'd like to may to everyone who spoke with me on the phone, in person, or wrote to me, that, collectively we have worked on this and, at no time, do I feel that any of us were not working for the betterment of the City of Miami and I would hope that in the future we would again dialogue about issues like this because with your help it helps me to serve you better. Thank you. Mayor Suarns Call the roll. 133 May to, 19473 Mr. Plummer: Read the ordinance. Mayor Suarez: Read the ordinance, please. Thereupon the City Attorney read the ordinance into the public record. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER 54.6 IMPOSING AN "IMPACT FEE" ON ADDITIONAL DEVELOPMENT AS HEREIN DETERMINED IN ORDER TO FINANCE RELATED CAPITAL IMPROVEMENTS, THE DEMAND FOR WHICH IS CREATED BY SUCH DEVELOPMENT; SETTING FORTH FINDINGS AND INTENT; PROVIDING THE AUTHORITY THEREFOR; PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE IMPACT FEE; PROVIDING FOR IMPOSITION OF THE IMPACT FEE; PROVIDING FOR THE ESTABLISHMENT OF DEVELOPMENT SUBAREAS; PROVIDING FOR DETERMINATION OF DEVELOPMENT IMPACT FEES; PROVIDING FOR ESTABLISHMENT OF AN IMPACT FEE -RELATED CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE COEFFICIENTS; PROVIDING FOR CALCULATION OF IMPACT FEES; PROVIDING FOR ADMINISTRATION OF IMPACT FEES; PROVIDING FOR BONDING IMPACT FEE -RELATED CAPITAL IMPROVEMENT PROGRAM PROJECTS; PROVIDING FOR EXEMPTIONS AND PROVIDING FOR ESTABLISHMENT OF AN APPELLATE BOARD AND APPELLATE PROCEDURES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of May 14, 1987, 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10273. 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. 36. ACCEPT IN PRINCIPLE CITYWIDE PARKS IMPROVEMENT PROGRAM Mayor Suarez: Ok., we're going to do 29 so we can get back to your item, Counselor, which is 14 we should have really dealt with a little bit sooner, but. Twenty-nine is related to it and the Commission has expressed a desire to complete its consideration of item 29 before we get back to the issue of that improvement at Bayfront Park. Mr. Plummers We're on 29, Joe. Mr. Carollo: I vote yes, Madam City Clerk. Mo. Hirai: Announce the item number. 134 May UP 190711 •4t✓+ i Mr. Carollo: Yes, on item 34, correct? Ms. Hirai: Yes, on item 34, you are voting yes on the motion. Mr. Carollo: Thank you. Yes, yes. Mr. Dawkins: We're ready when we get ready. Well, I'm ready. Who starts? Me or you guys? Mayor Suarez: What does Citywide improvements mean? Mr. Jack Bads ((OFF MIKE)): What we're saying in these is we're going to address all the pools, all the courts, all the ball fields, all the vita Mayor Suarez: Is that a separate total then with the Citywide improvements? Mr. Bads ((OFF MIKE)): Citywide improvements is three point seven. Mayor Suarez: I see. In other words, applying to all parks except those that have individual improvements of the same sort. Mr. Bads ((OFF MIKE)): What our logic was was try to do something... Mr. Plummer: Jack, you're going to have to use the mike, I can't hear you. Mrs. Kennedy: Yes, why don't you put all of that in the record. Mr. Eads: Ok.. Mr. Mayor, members of the Commission, our assignment was to develop a program - an 48,000,000 program assuming a similar amount was going to be spent in Bayfrr.,,nt Park for the City parks - Citywide parks to improve the general condition of it. Our suggestion, was, but first of all, let me say to you that th"s is certainly just a suggestion, something to get started where we can begin the community meetings and begin those kinds of things that need to be done to get this in place. Mr. Dawkins: Ok., before you go any further, Mr. Bads, eight million plus one million eight hundred and seventy-two, eight hundred and sixteen thousand mean that that bottom figure should be $9,872,816. Is that correct? Mr. Plummer: That's not what I understood. Mr. Dawkins: Well, that's what I..... Mr. Plummer: That one million eight that they talked about this morning was from the Bayfront Park eight million. Mr. Bads: Apparently, there's only 490,000 of new money, as I understood it. Mr. Dawkins: To - what? Mr. Bads: Ninety thousand dollars in new money. Mr. Dawkins: Well, it it's only ninety thousand, how are you spending $1,872,816 in the other park? Mr. Plummer: Because that's already out of their allocated eight million, I ? understand. That's what I understood. Mr. Dawkins No. Well, I don't understand it that way so I need to get a clarification. Mr. Plummer: Mr. Manager. Mr. Dawkins: I need to have it clarified for me. Mr. Plummers That which you proposed this morning in item 14 of a million, three hundred thousand, as revised. Was that not out of the eight million for 8aytrout Park or... Mrs. Kennedy: Carlos. 135 X&y aft i9Mis Mr. Plummer: ... in addition to.? Mayor Suarez: it was item 13 and we did not approve it. Pending this discussion. Mr. Odio ((OFF MIKE)): The million three hundred that we talked this morning about. Mr. Carlos Garcia ((OFF MIKE)): It's in addition.... Mr. Odio: It's an addition. Mr. Plummer: Oh, in addition. Mr. Garcia ((OFF MIKE)): The monies for the neighborhood parks. Yes, sir, that's in addition to the... Mr. Plummer: So the... Mrs. Kennedy: No, no, no, the money for Bayfront Park. The million three that we talked about this morning. Is that part of the eight million or is that additional to the eight million? Mr. Garcia: No, no, no. That's part of the eight million. Yes. Yes. Mrs. Kennedy: That's what I said. Mr. Plummer: That's what I thought. Mrs. Kennedy: Yes. Mayor Suarez: Thank you. Mr. Dawkins: Wait a minute. Madam Clerk, you be sure you get this down, Ok.? Run that by me again, now, so I can record it. Mr. Garcia: Yes, sir. The million three that we brought to you this morning is part of the eight point three million dollars. Mr. Dawkins: In both projects. Mr. Garcia: Yes, sir. It will be in both projects. Mr. Dawkins: All right, so now the $16,000,000 that you've already got allocated for Bayfront Park, that includes this million whatever dollars. Mr. Garcia: That is true. Yes, Commissioner. Mr. Dawkins: Beg pardon? Mr. Garcia: That is correct. Mr. Dawkins: Ok.. Now... Mr. Plummer: Let me ask this question. Of the eight million proposed for Bayfront Park since this whole project is twenty-nine million, how do we know where that $8,000,000 is going? Mr. Odio: Well, I can break that down. Mrs. Kennedy: We have a total breakdown of every penny. Mr. Odio: I have it. Carlos. Mr. Plummer: Well, but how do I know that that eight million is not on top of the twenty-nine? Mr. Odio: Oh no, no, no. Mayor Suarea: well, vast, there's one way We passed the resolution that said that from that point forward, for every penny we spent in aayfront Park, we'd have to spend a penny in the City. 136 May 28. 19873 • Mr. Plummer: But from what point? Twenty-nine million? Sixteen million? Mayor Suarez: From what had ever been done up to that point. Mrs. Kennedy: From the bond sale. Mayor Suarez: From what had ever been done up to that point and if it went up to $29,000,000 in Bayfront Park, we would need a correspondingly higher amount for the Inner City parks. Mr. Dawkins: Yes, but you say...... Mr. Plummer: No, you're missing my point, Mr. Mayor. Mr. Dawkins: That's right. Mayor Suarez: And it was not based on any global figure, it was based on what we had spent up to that point and all of a sudden we were told by the City we need another eight point something million to complete the park and we said for that eight point something, we want - you're going to have to get sixteen because we're going to have to spend eight point four in the rest of the City. Mr. Odic: You're correct. The way I understood Commissioner Dawkins wanted when we passed the bond, we would spend half of the money and f rom the port also, half of the money into the Bayfront Park and half into the Inner -City. Mayor Suarez: That's right. Which was the money that what we were told at the time we needed to complete Bayfront Park. Mr. Odic: Correct. Then, what happened is... Mr. Plummer: Are you smoking a cigar? Mr. Odic: Yes, sir. Mr. Plummer: I don't believe a word you're saying then because... Mr. Odic: They're going to write a story on... Mr. Plummer: ...you're nervous about something. Mr. Odic: No, they are going to write a story how I smoke cigars. Mr. Dawkins: Ok.. I need to know... Mr. Plummer: I have never seen him smoke. Mr. Dawkins: Where do you tell me that the $8,000,000. Now, you've spent $37,000,000 in that park. Hey, now... Mr. Plummer: Huh? Mrs. Kennedy: No, no, no, no, no, no, no. Mr. Dawkins: Oh yes, yes - well all right, how much did Pepper get for us? You see, you all seem to forget. How much money did Pepper get for us? Mayor Suarez: Nine hundred. Mr. Dawkins: Huh? Mayor Suarez: Last time it was nine - eight or nine hundred. Mr. Dawkins: How much stoney did Pepper get for us? Mr. Odic: Well, I'll read it for you, Commissioner. I have it here. Mr. Dawkins: Ok.. Mr. Odio: We have the total expense... 137 may a$, 1"70 Mr. Dawkins: How much money did Pepper get for us? Mr. Odio: I'm looking. Mr. Plummer: Boy, it's a far cry from the day when they stood up here and said it wouldn't cost a penny of taxpayers money. Mr. Odio% We have a UDAG grant of six million thirteen thousand... Mr. Dawkins: Huh? Mr. Odio: We have a UDAG grant that was given to us by - of six million ... Mr. Dawkins: All right and then when he went and cried and said he wanted the fountain and memorial of Muriel, how much more did you come up with? Mr. Plummer: Mildred. Mr. Dawkins: Mildred, yes. Mrs. Kennedy: I would like the question to be answered by John Gilchrist, Mr. Manager, if that's Ok. with you. Mr. Dawkins: Well see - but you see, you, I have the floor. You cannot take the floor from me, Commissioner, and be courteous. Mrs. Kennedy: Okay, I'm sorry. Mr. Dawkins: You have to wait until I finish. Mrs. Kennedy: But, the Manager doesn't know. That's all I'm saying. Mr. Dawkins: Well, the Manager got it in his hand. Mr. Suarez: But he's taking a while to find it there. Mr. Plummer: Yes, but the problem is that the Manager... Mr. Odio: No, no, I have... Mr. Plummer: ... lies and Gilchrist swears to it. Mr. Odio: Where's the Corps? Where's the Corps here? Mrs. Kennedy: I'll drink to that. Mr. Odio: See, I was looking for Corps of Engineers who is not listed here. Mr. Dawkins: Beg pardon? Mr. Plummer: Look, the basic question is, where does the eight million kick in? That's the question. Mr. Odio: It's already - it's part of the total funding of the park, and we can give you a breakdown exact of how that money is going to be used in that park. Mr. Dawkins: No, no, no. I don't want that. See, what I'm telling you is what I've said and what you Commissioners agreed to from that day that we discussed this. Every time you signed a contract in Bayfront Park for X dollars, you had to sign a contract at either one of these City parks for the same X dollars. That's what I said. That's what I keep asking for. Because, eventually, you're going to run up against a wall in Bayfront Park. Then you're going to go over into this eight million and say, well, you know, we've already signed a contract - the man's already committed to work, therefore, we've got to take some money from here. No, let's don't do that. Mayor Suarez: Ok.. Mr. Dawkins: All I ask is that when you came in here with a signed contract for Bayfront Park, that you have the same amount of money allocated to spend at either one of these City parks. 130 may 280 19073 0 Mr. Plummer: In a contract. Mr. Dawkins: You don't sign one contract without the other. That's all I'm asking. Mrs. Kennedy: Ok., may I say something now? Mr. Odio: Commissioner, for the record, the total expenditures on the park are going to add up to $29,000,000 When we did an accounting of all the fundings, where it came from, we found that we were still short $3,000,000. We know now that the state is going to give us a million four more, so we are looking at a million six short. Mayor Suarez: Wait, wait, wait, wait, Mr. Manager... Mr. Odio: In the meantime... Mayor Suarez: We don't know any of that. Just leave that money out. Mrs. Kennedy: We don't know that until next week. Mr. Odio: Ok., we have allocated... Mayor Suarez: The rest is what we agreed that we would spend on the park, assuming we could get the... Mr. Odio: Ok., we're going to spend... Mayor Suarez: ...bonds issued and that's the amount that we divided in half... Mr. Odio: Ok.. Mayor Suarez: ... came up with roughly eight and roughly eight. Mr. Odio: We're going to spend eight million and... Mayor Suarez: The two point four shortfall, let's not deal with that because if we ever get to that point and this Commission approves that... Mr. Odio: We will not approve that. We said that we would... Mayor Suarez: ... maybe we'll have to allocate another two point four or two point nine for the City parks. That's the way I understood the motion, so let's deal with anything - all of it except for that. Mr. Odio: Ok.. We're allocating $8,310,000 to Bayfront Park and $8,310,000 to the Inner City park. Mayor Suarez: From the moment that we passed that resolution... Mr. Odio: Yea. Mayor Suarez: Now, the Commissioner is asking, is there any way, and I'm not sure that the answer can be that we can do it that the moment we sign any contract, that we actually expend any monies for Bayfront Park, that at the same time, they must sign a contract for this. Mr. Odio: If you approve... Mayor Suaret: That was not what I thought the motion meant. I thought the motion was simply we create a kitty with the same amount of money which we Mould then distribute among the parks. Mr. Odio: Commissioners, Mr. Mayor, if you approve this plan, we can start spending money immediately in the parks. Mr. Dawkins; All I'm saying to you is, you have right here in plain English, an additional $21,076 is to be added to this project to cover costs incurred by the City through the use of the bond funds, an indirect cost, which are assessed from all capital projects. This is a twenty-one thousand dollar 1$9 kay 28, 19871 9 0 override that you're spending on an existing contract. So now all I'm saying is, bring me a contract for$21,000 for this. That's all. Mayor Suarez: For every penny that we do that, Carlos, we've got to add twenty-one thousand - for every penny, one penny or for every twenty-one thousand we have to add twenty-one thousand to the kitty for the Inner City parks. Mr. Dawkins: No, hey, no, Mr. Mayor, I disagree. I mean, I may not get the votes but I have to have you understand what I'm saying. Mayor Suarez: You want to spend it at the same time. Mr. Dawkins: At the same time so if we run out of money and one park is half finished, the other one is half finished. Mrs. Kennedy: The problem... Mr. Dawkins: I don't want you to finish one park and the others be half finished. Mrs. Kennedy: Ok., but... Mayor Suarez: It's a little tough to do that, but... Mr. Dawkins: It's not tough. You see, it's tough because you haven't been here. I've been sitting here for six years and going through this. They've made me promises. You got Hadley Park right now that does not have yet a football scoreboard, Ok.? You've got Hadley Park, you've got - I mean, Hadley Park, you've got every park out there that has a leaking pool. You have a park in Wynwood and a Clemente Park, it's a shame they can't be used. But yet, we're spending $40,000 on a park downtown and these parks can't be used. And then you tell me that you can't come along and bring these parks up at the same time you bring these others up so that when the park downtown is completed, then everybody in the community will have a park that's completed and they can use. Mayor Suarez: Yes. In other words... Mrs. Kennedy: Ok., let me say something to answer that, please Commissioner. Mayor Suarez: Yes, Commissioner Kennedy. Mrs. Kennedy: The problem is that you've always seen Bayfront Park as an Inner City park and it isn't. Bayfront Park is almost finished. You cannot chastise the completion of Bayfront Park. Mr. Plummer: Well, the real problem is that this Commission made a policy and that policy was that you would not spend a dime... Mrs. Kennedy: Right. Mr. Plummer: ... of that $8,000,000 for Bayfront Park without spending a dime In the Inner City park. Mr. Odio: Well - Commissioner, Mr. Mayor... Mr. Plummer: And that policy is existing today and that policy says, hey, you want to spend a million three in Bayfront Park, you bring us contracts to approve an Inner City parks of a million three. Mr. Odio: Fine. Just tell me... Mr. Plummer: Now, that's what you've got to do. Mr. Odio: But tell me... Mr. Plummer: But I... Mrs. Kennedy: Then - Ok., I'm sorry. 140 may 26, 19673 Mr. Odio: But I would like for you, the Commission, to tell us where to spend the money. Mrs. Kennedy: Wait, wait, wait, wait, wait, wait, Mr. Manager. Ok., that's where I'm going to barge in. Let's start with the pools in these parks. Let's start getting the bidding, let's start getting the contract, and let's start with the pools. The parks close September 30th and this is something that we can have by next year - by Memorial Day. Mr. Plummer: Let me ask you, Jack. On the pools, let's just use that as the example. Mr. Bads: Yes, sir. Mr. Plummer: Morningside already has a pool. Mr. Bads: Commissioner, what we're suggesting here - we have ten pools in the City right now. We're suggesting refurbishing nine of them. The one we're recommending not to deal with is Marti since it was built in 184. Mr. Plummer: Well, the problem that I have, let me just use Morningside. Almost a half a million dollars just to repair? Mr. Bads: No, sir it's, one ninth Mr. Plummer: No, I'm going across the other way. Mayor Suarez: You've got - there you've got pools, courts, ball fields, vita course, building, lighting, you got everything at Morningside. Mr. Bads: We're suggesting a total expenditure in Morningside of approximately four sixty five. Mr. Plummer: All right, then my other question has to be to you, in reference to equal distribution, Hadley Park takes a kick. All the rest of the parks are up in six numbers and Hadley Park is only getting seventy five. And, excuse me, Legion Park is only getting thirty thousand. Mr. Bads: Yes, sir. Mr. Plummer: How do I say to the people of Hadley Park, you only got seventy thousand when everybody else got five, six, and seven hundred thousand? Mr. Bads: Hadley Park was redeveloped, if you will in 1984, I believe. There are some things that still remain to be done at Hadley Park and we're suggesting that we do some of those things with this money. It's things like in the ball fields, I believe they need rest room facilities. Mr. Dawkins: Well, didn't we promise the people that - and Wynwood, that we would build a park at Clemente? Mr. Bads: I believe that when we were at the community meeting at Wynwood... Mr. Dawkins: At a public hearing. Yes, go ahead, Mr. Jack Bads. Mr. Bads: What they asked us to do was to try to acquire additional land on the north side of Clemente Park a half a block to increase the ball field - to increase the length of the outfield of the ball field. We're not recommending we do that. We can't find a way to do it. What we are suggesting is that - Robert B. Lee is three blocks away. We can design ball fields large enough to accommodate the older people and the older children to play in those larger fields at Robert E. Lee and let the kids play at Clemente when we go in and improve that facility. Mr. Dawkins: All right now, we did have a public hearing where we did promise the people in the community that we were going to do that. Nov, have we gone back to the community telling them that we're not going to do that, that we're going to do this? Mir. Bads: We have gone back to the community since that public hearing and we've got mixed information from the community. Some portion of the community and telling us they would like to use the park expanded as was mentioned at 141 'toy, 28, MY& J..z�raf that public hearing. Some of them are telling us they would like to see the park totally closed down because of the kind of element in there and some of them are saying they don't have any problem at all going with Robert E. Lee. Mr. Dawkins: Why to it you don't have any money on there for Moore Park? Mr. Bads: When was that finished? I'm trying to remember. Unidentified Speaker: ((OFF MIKE)) We had to finish that by December of '84. Mr. Bads: We finished the renovations there in December of 184. We're still doing the tennis courts, obviously, and clay courts. Mr. Dawkins: So you're saying that Jose Marti Park and Moore Park does not need anything. Mr. Odio ((OFF MIKE)): We're not saying that. Mr. Dawkins: It's not here. Mr. Odio: (OFF MIKE, INAUDIBLE) Mr. Bads: No, sir. I don't want to leave you with the impression at all that eight million dollars is going to solve our parks program. It's going to make a dent in it, but it's not going to solve all of the problems that we have at those parks. Mr. Plummer: Well, let me ask this question, because I think it's just as important as bricks and mortar. I don't think that we need to spend all eight of that million dollars for bricks and mortar. I think it's nice to have the great facilities, but if you don't have some kind of supervised programs and supervision in personnel in the parks. Mr. Odio ((OFF MIKE)): We have it now. Mr. Plummer: Now, you say we have it? Mr. Odio ((OFF MIKE)): I mean we have enough personnel in the parks to manage the parks. Is that correct? Mr. Plummer: Well, Ok.. You don't think you ought to keep some of that money in reserve? Mr. Odio ((OFF MIKE)): You cannot use this money for operations. Mr. Plummer: Oh, Ok.. Mr. Odio (OFF MIKE). You can only use it for capital. Mr. Dawkins: Ok., you all go ahead because I got some more questions. But go ahead. Mr. Bads: Commissioner, did you want to ask some additional questions, or...? What we're looking for is some direction from you. Mr. Dawkins: Let's hear from Mariano. Mr. Mariano Cruz: My name for the record is Mariano Cruz. I live at 1227 N. W. 26th Street and I use the parks of the City of Miami. And I'm just referring to what J. L. said about the problems. Just now, in Allapattah Comstock for the last few weeks, we don't have anybody there. There was a part-timer there and then he became a part-time, part-timer because they were moving him to Moore Park. And of all the years - I come here every year trying to get the money for the park - for the problems in the park because - you don't do anything by giving us a Cadillac and then we have to put it on blocks because we don't have gasoline. Mayor Suarers We fully agree but you have to take this issue up when we deal with the operating expenses of the parks. Do you understand that? We're trying to improve soma of the parks that don't... 142 May 29, 19873 Mr. Cruz: Right but - none of you see. The reason I came here today because I was there before. See, 1982 I sat down there with Carl Kern, different people, Ralph Gonzalez and all that, and they came and they mentioned the Allapattah - I have here paid twenty-five, Allapattah lining. Not yet lining there. Nothing. And then on page thirty... Mayor Suarez: Well, they may not have come up with 8.3 million dollars like we've come up with. Mr. Cruz: ... on page thirty-one, they got increase... Mayor Suarez: We don't have it yet, but we're... Mr. Cruz: ... increase the staffing levels. And you know what you've got, you have a bad distribution of personnel or you use it poorly. Because the other day, on the Sunday, the 17th, I happened to be out Jose Marti Park when they have a softball game. And there were two Commissioners there and the City matches were there. And they have more than ten per personnel at that Jose Marti between the I was there. I count all of them. And they didn't get two people to retrieve a stray ball and ------ out of the fence. And you even were hit with the ball. And, you know.... Mrs. Kennedy: Mariano, do you know why I wasn't there? Because I played basketball last year against Miami Beach... and, not only did they throw me on the floor... they stepped over me, they ran... Mayor Suarez: Any time - there's two Commissioners, there are going to be a lot of parks people there. Mr. Cruz: The same afternoon, I went to Allapattah-Comstock like I go almost every day with my little granddaughter while they're playing, and all that. And there was about 97 people using the park. Everything - baseball, softball, all that, and the bathrooms were locked. And you could see all human waste floating there. There was nobody there at that park. Mayor Suarez: Mariano, let's do something. Mr. City Manager... Mr. Cruz: Why? Mayor Suarez: Wait. Would you get to this Commission before the next meeting and we're going to go over it, - in fact, in the next ten days the deployment of park personnel in the various City parks and the hours in question, Jack, so that Mariano and I can go over it and see what we're or any of the Commissioners with them. Mr. Odio: Mr. - Mr. Cruz... I think he likes public appearances because he mentioned that to me at Jose Marti Park. Mr. Cruz: Right. Mr. Odio: I talked to Cathy Noble and she has told me that, as starting tomorrow... Ms. Cathy Nobler There will be a new person in the park tomorrow. Yes. Mr. Odio: There will be a new person in that park, so you, you... Mr. Cruz: Yesterday I went early and they were grading the baseball field and this morning early they were working there grading the baseball field. Mr. Odio: Ok., so, we listen to you, right? Mr. Cruz: At least something is done but still on Memorial Day I was there. Mr. Odio: Did you listen to me? j_ Mr. Cruz: Right, I listen. Mr. Odio: Starting tomorrow, there will be personnel assigned there. ;;: Mx. Cruzs And you know one thing. You read from Mr. Fernandes, for the School Board. The need that we have for parks programs in our neighborhood, r 14s May fig, 19075 t because the people there, they don't have the money, the economic means to go to pay. They don't have the - hour you call that - wherewithal to go other places. No, no, I can go other places but the children there from the housing projects. The housing projects that the City didn't want in certain neighborhoods. That Little Havana didn't want them, Flagami didn't want them. Manor Park didn't want them. It's got a housing site. The one there in Allapattah. And those people - they were in the basketball program that Mr. James Lee got there. And then through personnel collusions or whatever it is, he was moved to Moore Park and finally, he resigned because he get fed up with bureaucrat. He couldn't do any program and he was the one that told me about the basketball program. We get money for the uniform for the children, but no, and that, you know, that menns salary was maybe ten thousand dollars a year. And I come here and I listen about millions and millions and millions of dollars... Mayor Suarez: Ok., but - Ok., but you understand. We're trying to improve the parks. We have to also do capital improvements. What you're talking about is operating and, believe me, we're going to spend the next two months on that as we go through the budget. Mr. Cruz: Well, maybe the City personnel should have some softball games and basketball games there. Then you could see how the courts are. Mayor Suarez: Maybe we should do it in Marti Park. Mr. Plummer: No, no, no, no. Mr. Cruz: They never been painted. Since they built them they never been painted. Mr. Plummer: I wound up with a Purple Heart at that game. I don't want any - no, no, I don't want any more of those. Mr. Cruz: Oh yes, I know, I saw you - like Martinez hit you. But one thing I got to recommend, I don't want to come back here five years from now and bring 1987 plan and the same thing will happen there in Allapattah Comstock. Mr. Odio: I hope you don't come back in - I hope you come back in five years. Mr. Dawkins: Cruz - Cruz - Cruz, that's the same thing... Mr. Cruz: Don't' worry about. No, you need more people in foreign cities and taxpayers to come here. Not - you see, I am one of the few ones that I don't have any interest in the City. I don't work for the City. I pay taxes too and I stay in Allapattah. I don't move out. I have a house in -------too. I have many place. I don't go there. I live in the City of Miami. I don't move to Hialeah or to Kendall. Mayor Suarez: If we paid you for all the time you spend here at City hall, we'd be poor, but we appreciate your input. Mr. Cruz: Well, don't you worry about. I believe in participation because we lost Cuba because people didn't participate. That's what we lost our country. Because people didn't participate. Mayor Suarez: Oh, I know that. I know that too. Mr. Dawkins: Cruz - all Cruz is saying is the same thing that he and I have been saying eight years. Mr. Cruz: Right. Mr. Dawkins: You go back to the first one, what was it, Parks for People bonds? ' Mr. Cruz: Right. Mr. Dawkins: We didn't get nothing, did we? Mr. Cruz: Nothing. .. Mr. Dawkins: Now, void that one up again. 144 YN&Y 18+ 19673 Mr. Cruz: The money went to the police and to the fire and to the other places. Mr. Dawkins: And now you got that one. So all we're trying to say now is, now that we've got this money, you know, let's put it in the parks where it's needed. Where the people can use it. That's all. Mr. Plummer: All right. The question is, when are you going to bring us a million three contract signed for the neighborhood parks? That's the question. Mr. Cruz: You know - I am going just to mention what Mr. Fernandez from the school say, that he was, Mr. Fernandez, he say he want to work with Dade parks administrators to improve athletic programs for children in poor neighborhoods. He was for something organized because otherwise you need to build more jails and have more judges and more policemen because you have to have organized activities in the park. That will be one of the main things about solving what is causing the crime and drug problem. You go to the origin - to the roots. You don't treat symptomatic medicine, the symptom after it's done. You treat the problem at the roots. Go to the poor neighborhood. I live there. I know I go to the park almost every day. I haven't seen many of the City administration. The only time they went was because I took some of the City administration there with me. I took Mrs. McKay and Mr. Connor, right there, because Mr. Golby was busy some other place, maybe the Orange Bowl or some other place but he couldn't make it to Allapattah. Then he's saying no. But, I remember, I don't want to come here in five years with plan 187. Thank you. Mayor Suarez: Mariano, thank you. Mr. Dawkins: Mrs. Armbruster. Mayor Suarez: We don't want you to come back in five years with plan 187. Mr. Dawkins: Mrs. Armbruster. Mr. Plummer: Mr. Mayor. In principle, I accept item 29 as presented here this evening. I so move. Mrs. Kennedy: Second. And I also think it would be a good idea... Mr. Dawkins: I will not be voting for this until you all bring me back some signed contracts... Mr. Plummer: No, no, no. No, no, no. Mr. Dawkins: ... On the City pools - City parks. Mr. Plummer: No, no, all I'm accepting in principle as the program is laid out as to the distribution. That's all I'm accepting. Mr. Dawkina: Ok., before you do that, J. L., let me ask one question, please. Why is it that the City of Miami has staff and administrators and you're charging $400,000 to this project - to this eight million dollars as administrative cost? Mayor Suarez: I'd like to ask the same exact question. Why do we have to apply administrative cost to something that we're doing ourselves? I don't get it, It's an accounting technique, is that... Mr. Dawkins: No, not when you take 4400,000. That's no accounting technique. Mr. Eads: It's the same process you just went through with the substations. It's a normal process... Mayor Suarez: Would the Commissioner agree to change his motion to take off the 4400,000 for administration and have that be absorbed by each department? Mr. Plummer: Sure. Mayor 8uarea: The second would the seconder? t; 145 • may 200 19$75 . mx.i 11 Mrs. Kennedy: Yes. Mr. Dawkins: So be it. Mr. Plummer: Odio just committed suicide. Mayor Suarez: Call the roll on the program of allocation of the eight million that we don't quite yet have what we're trying to get to in principle. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-508 A MOTION ACCEPTING, IN PRINCIPLE, THE CITYWIDE PARKS IMPROVEMENT PROGRAM AS PRESENTED BY THE ADMINISTRATION ON THIS DATE, DELETING THE $400,000 THEREIN OUTLINED FOR "ADMINISTRATIVE COSTS." Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT% Commissioner Joe Carollo Mrs. Kennedy: And let me also suggest..... Mr. Odio: Mr. Mayor, this is important. You're taking out the administration part of it. You take it from one side, it comes out of the other one. If I have to take it out of the park system, that means less people in the parks. Mr. Plummer: He's right. Mayor Suarez: Aha, you're talking about the interface between capital and operating. That's interesting. Mr. Odio: No, no. That - that - I am allowed by law to be able to charge administrative costs to this. Now, if you take it out of here... Mr. Plummer: You can't do it. Mr. Odio: ... and you take it out of general fund, I'll have to lay off some people. Mayor Suarez: Commissioner Dawkins, he's saying if we take $400,000 out from here, which is supposed to be monies to be spent for capital improvements to the parks, he's going to have to... Mr. Dawkins: Well, he has already laid off people. He's already consolidated everything he can consolidate. He's already telling me that he's got some phantom million dollars. Where is it? No, no, no, no, wait now. I'm talking to the Manager. Let me talk to the Manager. Mr. Odio: It's in the fund balance, Commissioner. It's in the fund balance. Mr. Dawkins: BOB your pardon? Mr. Odio: It is in the fund balance. Mr. Dawkins: It is the fund balance. Ok., now... see, but you've consolidated all of the departments, saving money, Ok.? You've given people new jobs saving money, And now you tell me that you're going to lay off soma of the part-time people too? Mr. Odio: Yes - what happened... 146 lily 280 49873 Mr. Dawkins: All right, well let's lay off - fine - cut it off and cut off your part time people too, you're right. Let him do it and let him cut off some of the part-timers. Mr. Odio: Ok.. Mayor Suarez: Yes, I would be disposed to go ahead and vote on the motion as stated if you can show us later, during the budget process, that that $400,000 was needed to maintain levels of operation of the various parks, maybe we'll allow it coming from this fund into that. Mr. Dawkins: What would have happened if we did not get the $400,0007 Mrs. Kennedy: I think you're probably right, I don't see how you can do it. But do come back to us. Mayor Suarez: But - right. And we may never see the $400,000 anyhow, so... Mrs. Kennedy: Perhaps, also, if I can suggest, I think what we should do is go to the neighborhoods and have some kinds of public hearings and hear from the neighborhoods what they would like to see in their parks, Jack. Mr. Bads: Yes, ma'am, we'd encourage that process to take place and, if it's your direction, we'll set up a schedule and have it distributed to you to see if it's satisfactory. Mayor Suarez: And the other thing is that if we don't approve this in principle, we'll never be able to take individual items and approve them as we spend the monies for the Bayfront Park and apparently this Commission is of the consensus that we should spend the money at the same time, not only just allocate it and put it in a bank account, but spend it... Mr. Bads: I understand, Mr. Mayor... Mayor Suarez: ... for which we're going to need to have some kind of a breakdown like this. Mr. Bads: Toward that end and one thing that we feel very strong on now and based on the numbers that we've heard, is the pool program for two point two and a quarter million dollars, as Commissioner Kennedy mentioned. She suggested that we go ahead and start that process. If we do that now, by probably October let, will be the day right after the pools close for the summer, we'll be able to do that be - immediately begin work on that. Have contracts in place... Mayor Suarez: Ok., I have a feeling that we're going to get back to that issue as soon as we try to consider item 14 which deals with actually making an expenditure in the park. Mr. Dawkins: For those who want to, there's a meeting tomorrow night. You can get the address from my office of the residents around Hadley Park who are desirous of putting a $40,000 fence around it and I want to know where they want to take the money from. From the pools or from the ball fields in order to put the $40.000 fence around there. Mr. Plummer: Well, you see, that's why I went back to what I talked about before. How do you say to the people of Hadley Park, out of $8,000,000 you're only getting seventy-five thousand and tell them we're being fair with them when others are getting five hundred, six hundred, and, you know, thousand dollars? That's why I said we're accepting it in principle. I was very clear on that. Mayor Suarez: Call the roll on that and we're going to have to take your testimony. Ms. Hirai: We did, Mr. Mayor. !Mayor Suarez: No. Mr. Plumor: boll, wait a minute. Bold on, because - Dawkins, I got a problem- Of taking that four hundred thousand of administration out of the 147 Noy 20, 1"71 general budget. Now, if you do that, that means you've got $400,000 less in the general budget when it is perfectly legitimate that you can take it out of this bond issue. I'm concerned that if you take it out of general budget, you're going to be addressing staffing. If it wasn't legitimate, then I'd say, not, that's a different story. But I really have a problem of taking that four hundred administration, which is perfectly right to charge to this kind of bond issue. I would like, if I could, to accept it in principle for later discussion at a later time. I just think that we're really cutting our nose off by doing that. Mayor Suarez: Well, I think he ought to show us, during the budget process, that he needs that $400,000 to do these things. Mr. Plummer: But, that's why I say, accept it now in principle. Mayor Suarez: And then, at which time - right we'll approve it. Mr. Plummer: At a later time, if need be, we can change it. Mayor Suarez: We'll take it from one account and move it right into the other if the Commission sees fit to do that. Mr. Plummer: I don't want to cut staffing, that, you know... Mayor Suarez: He's going to have to justify the need for that $400,000. Mr. Plummer: So I would go back, if it's with my seconder's permission, to the fact that says, we accept this program in principle and then we can discuss it later and more so at budget time as it relates to the administrative and to cost and staffing. Mrs. Kennedy: I accept it. Mr. Plummer: Miller, can you live with that till budget time? Mr. Dawkins% No. But I'll vote no and go with the majority and we'll work on it at budget time. Mr. Plummer: Ok., well that's... Mayor Suarez: It's really in a... Mr. Dawkins: I'll be voting no. Mayor Suarez: ... conceptual thing because either way we're going to have to decide it at budget time and certainly he's going to have to explain - the Manager's going to have to explain why certain people have been taken off the parks and why some have been made part-time, etc., etc. Mr. Plummer: I understand that. Mr. Dawkins: But it is not this Manager's fault, Ok.? Mayor Suarez: No, I know. Mr. Dawkins: Howard Gary took money from parks and recreation and from sanitation. Sergio Peredo took money from parks and recreation and sanitation. And this gentleman here has been trying to fill the void. So, It's not his fault, see. And bring Howard Gary in here and I'll have him tell you that that's his problem. He created this problem, Ok.? Mayor Suarez: Ok.. Mr. Dawkins: So this has nothing to do with him, it's the process. We don't have anybody in the parks working now because Howard Gary took them out to hire policemen, Ok.? So we got nobody in the parka, we got no equipment in the parks because the Citizens Against Crime and them other power brokers come down here and brow beat people and made people take money to hire policemen where they told me that if you hire a thousand policemen crime would decrease. It hasn't gone nowhere, Ok.? This is no reflection on this !tanager at all. It's no reflection on - Commissioner Kennedy who wants the Dayfront Park to complement Sayside in order to make the downtown area a viable revenue 148 may lot MIS producing thing. It has nothing to do with her. It's my having sit here for six years and not been able to do anything in the parks along the lines of equipment and personnel. That's my problem. Mayor Suarez: Call the roil. Ms. Hirai: Mr. Mayor, we had called the roll and it was unanimous except Mr. Carollo was absent. Mayor Suarez: Mrs. Armbruster. Unidentified Speaker: (OFF MIKE): I would like to... Mr. Dawkins: Well, it's not unanimous, it's four and one, because one is absent. See, I keep telling you all about showing me these things being unanimous and there's not but four people here. Now he's here. He's here now. It's all right. Mr. Carollo: You were saying? Mr. Dawkins: I was saying I get damned tired of seeing unanimous votes on these things here when there's not but three people here, that's what I said. Mayor Suarez: We've asked the City Clerk in the past to reflect how many people...unanimous.... how many people are.... Mr. Carollo: Is that all, or...? Mr. Dawkins: That's all. Mr. Carollo: Ok.. Want to make sure. Mayor Suarez: Go ahead, Mrs. Armbruster. Ms. Bother Mae Armbruster: My name is Esther Mae Armbruster. Mr. Dawkins: Has no reflection on you, Joe, because I'm not here. A whole lot of us are not here and they show unanimous. Mr. Carollo: Want to get on the record. Ms. Esther Mae Armbruster: My name is Esther Mae Armbruster and I live at 3350 Charles Avenue in Coconut Grove down from Coconut Grove Playhouse. I haven't heard you mention anything about the Virrick Park being - renovated or anything like that. Mayor Suarez: I see $215,000 right here. Ms. Armbruster: I beg your pardon? Mayor Suarez: Maybe you ought to come around to the front and check it out. We should have shown it to you instead of showing it to the Commission. Ms. Armbruster: Ok, wait a minute, let me say this and then I'll come back. We have had - some of the citizens in Coconut Grove have had a meeting with Mr. Golby and Mr. Connor and they are going to set up another meeting for the people in Coconut Grove after they have talked with the City Managers to get their feeling. And I just want - I didn't hear anything about Coconut Grove... Mayor Suarez: I'm sorry, you can step around the front and see that... Me. Armbrusters I'll do that because we are in dire need of everything. Mayor Suarez: Virrick Park is one of the parks that's in the worst shape in the City. We've got... Ms. Armbruster: it is that and now you're in the process of extending it and making the hospital clinic... Mayor Suaross M Ms. Armbruster: ... you know, out there. Mayor Suarers We've got pools, courts... Ms. Armbruster: Didn't you know that? Mayor Suarez: ... building, lighting, playgrounds, and miscellaneous type improvements. Ms. Armbruster: Well that's what they intend to do. Mr. Dawkins: They're going to do what? Make it a hospital what? Ms. Armbruster: Well, there are intentions of them expanding the clinic fifteen or twenty feet more. Don't you know anything about it? Mr. Di.wkins: No ma'am. Ms. Armbruster: You don't know anything about them using it for a parking lot? Mayor Suarez: A lot of people have a lot of plans that haven't been approved. Mr. Odio: No, we're - excuse me... Ms. Armbruster: Well, where have you been? Mr. Odio: Ma'am, Mrs. - we... Ms. Armbruster: I mean that - this is it. Mr. Dawkins: It hasn't been before this Commission. Mayor Suarez: Yes, a lot of people have a lot plans that haven't been approved by the Commission. I wouldn't worry too much about it. Mr. Odio: They - have talked to some of the staff and we are definitely coming out against that plan. Mayor Suarez: Right. Ms. Armbruster: Well, thank God. Mr. Odio: That's not a hospital... Ms. Armbruster: Thank you. Thank God and then thank you. Mr. Odio: We are come... Ms. Armbruster: Because we need your help. Very badly - in a hurry. Mr. Odio: We will recommend against that. Ms. Armbruster: Well, thank. you. Mr. Odio: And we also have intentions, I hope, to remove those mushroom buildings that you have. Ms. Armbruster: Right. Well, thank you, thank you. Mayor Suarez: Ok., thank you. Ms. Armbruster: And I'll talk with you later. Mayor Suarez: Oh, the mushrooms are going to go? Mrs. Kennedy: Yes. Mayor Suarez; Great! Sr Mr. Odios They are ugly. ' 150 �f . Ms. Armbruster: Oh, my God! Mrs. Kennedy: Yes. Mayor Suarez: Great! Maybe we'll even get a water fountain that works too. Ms. Armbruster: Thank you. Mrs. Kennedy: Talking about things to go. Jack, what's happening with Simpson Park? You know, that park is never used. Ms. Armbruster: I'll - we will be expecting that in the next meeting, thank you. Mrs. Kennedy: There you have a beautiful park that's never used. It doesn't have anything. Mr. Bads: Simpson Park is used, unfortunately, but it's not used by... Mrs. Kennedy: In the right way. Mr. Bads: ... the way that we would like to have it used. At the last Commission meeting, we were given direction to put a fence atop the rock wall all the way around it. Additionally, we're going to lock off the back gate to Simpson Park. Mayor Suarez: That was at the last Commission meeting, you said? Mr. Bads: Wasn't it? Mrs. Kennedy: No. Mayor Suarez: Who was... I don't remember doing that, it sounds like it might work, I don't... Just about anything you do to Simpson Park... Mrs. Kennedy: I don't remember doing that either. Mr. Bads: I am pretty sure that it was brought up at the first as a pocket item right out of the beginning. At any rate, we... Mayor Suarez: Ok.. Simpson Park really is a matter of maintenance more than capital improvements. Mr. Bads: Yes, sir. Mayor Suarez: And security, of course. Mr. Bads: Security, yes, sir. Mayor Suarez: Security. 37. FIRST READING ORDINANCE: (FAILED AS EMERGENCY) INCREASE APPROPRIATIONS FOR BAYFRONT REDEVELOPMENT (See label #17) Mrs. Kennedy: Mr. Mayor, then I think that - it's appropriate to take... Mayor Suarez: Item 14. Mrs. Kennedy: Item thirteen. Mayor Suarez: Yes, 13, then 14. Mrs. Kennedy: You. Mayor Suarezr I presume it's basically the same thing, almost. Mrs. Kennedy: ok., I move 13 Do you want to second? Wou second? 151 Mayor Suarez: You move 13? Mr. Dawkins: What is 13? Mrs. Kennedy: The - other almost companion item to this one, Bayfront Park. Mayor Suarez: It's the money for Bayfront Park corresponding to portion of the eight million that we're going to have for the Inner City parks. Mr. Dawkinss Second. Mr. Carollo: What are we voting on? Mr. Dawkins: Thirteen, Joe. Mayor Suarez: Moved and seconded. Mr. Plummer: Wait a minute, now. In reference to 13. Let me ask, out of the money of the million three that is being spent on 13, we don't have a like amount being spent for the Inner City. Mr. Carlos Garcia: It's not being spent for the Inner cities, Vice -Mayor, Mr. Vice -Mayor, it is being appropriated for the Inner cities and if you look at the appropriation, the total amount... Mr. Plummer: It's not - no, no, it's not the point. Mrs. Kennedy: No, that's not what's .... Mr. Garcia: Yes. Mr. Plummer: The point is, if you take a million three out of the Inner City - excuse me, out of the Bayfront Park, what does that leave in that account to be spent? Mayor Suarez: Ok., that's the - yes - that's the question. How much could we now allocate to Bayfront Park and to the Inner City that we could go ahead with an RFP for the Inner City parks? Mrs. Kennedy: And a follow up question, Carlos, is perhaps what I think what we'd like to hear... Mayor Suarez: What level are we at on both of these? Mrs. Kennedy: ... is a date on the Inner City parks. Mr. Garcia: Ok.. For the Inner cities we have appropriated now 5.8 million dollars. Out of that, we have cash in hand of about a million dollars and the bond pools who are negotiated with the bank at this time and we're hopeful to come back to the City Commission next month to get that approved. Mayor Suarez: Ok., how can you have a million dollars for the Inner City and have more than that for the Bayfront Park? Mr. Garcia: No, what we're saying - what we're saying is that... Mayor Suarez: Available - cash. Mr. Garcia: ... of the five point eight million dollars that we have appropriated for the Inner cities, we have received the interest earnings and $500,000... Mr. Dawkins: Wait a minute - hold it. No, don't say it like that. ((OFF MIKB)) The total number of dollars that was received to be spent half and half between the two parks, what do you have? Mayor Suarez: Don't say appropriated. It doesn't mean anything. If we don't have the money, what do we do appropriating? Mr. Garcia: We are - expecting to get the payment from Dad* County for the land exchange, 5.9 million dollars shortly. Mayor Suarez: Ok., as soon as we get the money from the port bridge, we will have how much on each account? We have to have the same amount. Mr. Garcia: We'll have three point nine available. Mr. Plummer: Not for each account? Mr. Garcia: For each - account. Mayor Suarez: Yes, because it's two point nine five plus one for each. Ok., three point nine for each. Mr. Plummer: Oh, including what's there now. Mr. Garcia: In addition we're coming to you next month with a bond sale - with a bond pool. Mayor Suarez: Yes, but we're not at that point yet, we're right now at three point nine on each side. Now what could we possibly do on the Inner City parks for lack of a better word - actually neighborhood parks - that would cost around three point nine, that maybe we could approve in principle today? Mr. Odio: Well, they told me we are in the... Mr. Dawkins: No, wait, wait, wait, wait. Before we get that, how much money do you have on hand for the two parks? On hand. Mayor Suarez: As soon as we complete the sale... Mr. Dawkins: How much you have on hand? Mr. Garcia: Commissioner, Ok. you're talking about Bayfront Park? Mr. Dawkins: How much money do you have on hand for the parks? Mr. Garcia: Bayfront Park there is a very extensive financing. We have about ten different revenue sources. Mayor Suarez: No, no. How much do you have on hand? You have three point nine for each as soon as you do the closing, you just told us that. Mr. Garcia: Mr. Mayor, you're talking about the eight point nine million dollars package. Mayor Suarez: Since we approved the resolution, there's got to be one dollar for one dollar. Mr. Garcia: That is true. That is going to be the case. Out of that special package, we'll have three point nine available either for both - for every one of the two parks systems, Ok.? Mr. Dawkins: Now, you got three point what? Mr. Garcias Three point nine for Bayfront Park. Mr. Dawkins: Four million. Mr. Garcia: Yes. Mr. Dawkins: All right now, four million from eight million leave four million. Where is my present four million? That I don't have to worry for you to sell the bonds for. Where is that? Mr. Garcia: Of that, we have a million dollars in the bank and there's another three million dollars coming from Dade County for the land exchange. Mayor Suarez: As soon as we do the closing. Mr. Garcias We should be getting shortly. 159 ii;y 281 19473 F ■ Mr. Dawkins: So you see, I've got to wait on the Inner City pools till you do all this, but you got money for the other one. Mr. Garcia: No, well, Commissioner, that should be coming within a month. Mr. Odio: Commissioner Dawkins, I promise by the June meeting, meeting we'll have the RFP on the pools. We should be going out on bids on the pools in June. Mr. Dawkins: The Inner City parks will nothing, hear? All right, they're going to get nothing. Mr. Plummer: You are not playing fair. Mr. Dawkins: You're not playing fair. Mr. Plummer: Look, if we allocate today a million three from the eight million of Bayfront Park, does that mean that there is yet to be spent in Bayfront Park, eight point seven? Mayor Suarez: Six point seven. Mr. Garcia: There is... Mr. Plummer: No, if a million - I'm sorry, six point seven. Is that correct? Mr. Garcia: There is a large amount of monies to be spent in Bayfront Park, yes, Commissioner. Mr. Plummer: Is it not fair that if we spend a million three today for Bayfront Park, that you must bring to us, before another penny is spent in Bayfront Park, a million three in contracts to be approved? Mr. Odio: We will do it. Mr. Plummer: And from that point forward, it will only be dollar for dollar of contracts. Mrs. Kennedy: And, Carlos, that's what I suggested. Start with the pools. Mr. Plummer: Do you hear that? Mr. Garcia: Again - it's really up to the Manager. Not up to me personally. Mr. Plummer: Well, I'm saying to you, other than... Mrs. Kennedy: I'm telling you, I'm not directing you. Mr. Plummer: Hey, whoever it's up to, I'm not going to vote otherwise. Mr. Garcia: Ok.. Mr. Odio: I promise you we will go out and spend that money. Mayor Suarez: With that proviso, will you want to build that into the motion on 137 Mr. Plummer: You bet your - if you want my favorable vote, it's going to be in there. Mrs. Kennedy: Sure. Mayor Suarez: Yes, the problem is that we're at one point three for Bayfront, really, if we approve this and we're only at one million available, just yet, until we do the closing for the parks in the rest of the City... Mr. Odio: But we can make commitments because we know the money is coming in. Mayor Suarez: Ok.. Macs. Kennedy: Ok.. I accept that. 154 May 28P 1987� ■ Mayor Suarez: Call the roll with that understanding. Mr. Plummer: Let me clarify that for the record. We are approving one point three million dollars for Bayfront Park, leaving a balance of approximately six point seven. No further monies can be expended from that fund until such time as contracts are signed and awarded for inner City parks of like amount of one point three million and that, from that point forward, this Commission will not accept any contract that is not dollar for dollar. That way, we're not stopping the Bayfront Park, Ok., but let's make it very, very clear. Mr. Odio: Yes, sir, that is what we'll do. Mrs. Kennedy: And accept the modification to the motion. Mr. Plummer: Miller, you accept that? Mr. Dawkins: You're just saying the same thing over we've been saying every time. Mr. Plummer: No, because we're breaking our word. Mr. Dawkins: That's it. You're saying the same thing we've been saying. Mr. Plummer: Ok.. Mrs. Kennedy: Call the roll. Mr. Dawkins: But I'm not in favor of it because you're not spending the money - piece for piece, like we said. Mr. Plummer: Well, but we can't stop the Bayfront Park. Mrs. Kennedy: We cannot stop it. Mr. Dawkins: I don't mind stopping it, but fire whoever did bring in what the heck you told him to bring in. Don't tell me that. I mean, we said from the very beginning, that we were not going to spend one more penny in the downtown Bayfront Park until you spent a like amount in the inner - in all City parks, Ok.7 And every time, I hate to say this, I tell the Manager something, the Manager comes up, the people who work under him do something entirely different and then we sit up here and we argue. This Commission, every member on this Commission, said: we have neglected the City parks. The only way we can bring them up is spend a like amount on every park. I mean, every member up here. And then you come back again today and say you're going to spend a million, nine hundred thousand dollars in the downtown park but you don't have one contract signed in the other parks. And we keep saying that over and over. Mr. Plummer: Let me - let me... Mr. Dawkins: And now you're going to tell me today, vote for the one point nine . Mr. Plummer: One point three. Mr. Dawkins:... and you'll get your forty acres and the mule after a while. Mr. Carollo: You know why, Miller? Mr. Dawkins: Why, Joe? Mr. Carollo: Because the Miami Herald won't write any editorials or articles if we give the money to the neighborhood parks. All they care about is to make sure that they get their money for Bayfront Park. Mr. Plummer: I would like to provide another amendment, Mr. Mayor. Mrs. Kennedy: Oh gosh. Mr. Plummer: Oh gosh. Mayor Suarez: Proceed, Mr. Vice -Mayor. In the hopes that we will... ec u_� a. • �w..r Mr. Plummer: The City administration has 90 days in which to bring those contracts back for the Inner City parks. Mr. Carollo: Including Virginia Key. Mrs. Kennedy: Is that feasible? Mr. Dawkins: That's no City park. Mr. Carollo: Yes. Mayor Suarez: So amended. Mr. Carollo: And I'm sure John Gilchrist can guide you in what's needed over there. Mr. Plummer: Oh gosh. Mayor Suarez: Does the seconder accept that? Mrs. Kennedy: I tell you, I... Mr. Carollo: John, keep it under twenty million. Mrs. Kennedy: ... I feel that I have been working with Bayfront Park for the last fifteen years of my life. Let's call the roll. I accept the modification, yes. Mr. Plummer: Our only problem is, it looks like you might be working another fifteen years. Mayor Suarez: Right. Mrs. Kennedy: No, no, no. Mayor Suarez: Call the roll. Thereupon the City attorney read the ordinance into the public record. Mayor Suarez: Call the roll AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986 AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A SOURCE OF FUNDING FOR THE CITY OF MIAMI'S MATCHING FUNDS AND INCREASING THE APPROPRIATION BY $55,700 TO THE "BAYFRONT REDEVELOPMENT - WALKWAYS AND LANDSCAPING - AREA All, PROJECT NO. 331228; INCREASING THE APPROPRIATION OF THE EXISTING PROJECT ENTITLED "BAYSIDE SPECIALTY CENTER", PROJECT NO. 322030 IN THE AMOUNT OF $21,076; RENAMING AND INCREASING THE APPROPRIATION OF EXISTING PROJECTS ENTITLED "BAYFRONT PARK REDEVELOPMENT - AMPHITHEATRE", PROJECT NO. 331231 AND "BAYFRONT PARK REDEVELOPMENT - DESIGN AND DEVELOPMENT - PHASE II", PROJECT NO. 331302 IN THE AMOUNT OF $34,740 AND $1,260,000 RESPECTIVELY= INCREASING THE APPROPRIATION BY $1,371,516 TO THE "CITYWIDE NEIGHBORHOOD PARK RENOVATION", PROJECT NO. 3310; INCREASING THE APPROPRIATION OF THE EXISTING PROJECT ENTITLED "VIRGINIA KEY PARK DEVELOPMENT", PROJECT NO. 331044 IN THE AMOUNT OF 4250,000 AND CONTAINING A REPEALER PROVISION AND A SEVE RA 1LITY CLAUSE; FURTHER PROHIBITING THE USE OF THE HEREIN APPROPRIATED $1050,440 FOR THE BAYFRONT PARK PROJECTS UNTIL ACTUAL FUNDS ARE AVAILABLE AND CONTRACTS ARE SIGNED ABLATED TO THE CITYWIDE NEIGHBORHOOD PARK RENOVATION PROJECT. may W, MIA z is 0 Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote- AYES- Commissioner Rosario Kennedy Vice Mayor J. L. Plummer, Jr.* Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Miller J. Dawkins* 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. NOTE FOR THE RECORD: This ordinance was introduced as an emergency ordinance, but failed to pass on a four -fifths vote of the Commission. Therefore, it passed on first reading. DURING ROLL CALL% Mrs. Kennedy: With pleasure, yes. Mr. Dawkins: I vote no for the same reason stated that you did not come back with contracts signed to spend a million plus dollars in all the other City parks, so I vote "no". *Mr. Plummer: I'm going to admit right on the record that I had to break my word. I didn't want to do it. I think I have built in the protections in keeping my promise to the people and I will keep my word. I think we have made it very clear that, without question, not another nickel beyond this can be spent in that park without like amounts. I don't want to stop the project and I have to vote "yes". Ms. Hirai: Second roll call. Mr. Plummer: Yes. Mrs. Kennedy: Yes. Mr. Dawkins% No. Mr. Carollo: No. Mayor Suarez: Why do you take a second roll call if it didn't pass on the first... Ms. Hirai: It's an emergency. Mr. Dawkins: It didn't pass. Mr. Plummer: It did not pass. Mrs. Kennedy: It passed. Mr. Plummer: No, it's four -fifths. Ms. Hirai: Oh, so then, on first reading. Mr. Dawkins: Four -fifths, that's right. Ms. Hirai% That's true, four -fifths. First reading then. Mr. Dawkins: That's right. It failed. Mayor Suarez: Does it automatically pass on first reading? Mr. Carollo: See, every now and then, two can beat three. Mrs. Dougherty: It passed on first reading. Mr. Plumers I want to cry. 157 may l8, 19873 Mrs. Kennedy: Well, let me tell you that i think that it's very unfair... Mr. Carollo: That's the new geometry. Mrs. Kennedy: ... it's counterproductive to stop the completion of Bayfront Park at this moment. We're talking about the whole revitalization of downtown. Bayside needs Bayfront Park to be finished and we're not going to change anything on the Inner City parks by voting against my motion Mr. Dawkins: If you feel that way, you're entitled to your opinion but I feel that - all of the City parks are just as important to me as Bayfront Park. And as was stated here by Cruz, many people in the City of Miami, especially in the Inner City, do not have money to catch the Metrorail, the Rapid Transit, nor the MTA bus to ride downtown to the Bayfront Park... In fact, some of them don't even have shoes on to walk to their neighborhood park. So we must wake the neighborhood parks available to those individuals who cannot get downtown to the Bayfront Park. And Commissioner Carollo and I, by voting "no", have brought that message across to you, then whether you feel we have defeated your park or not, I think we've impressed on you that we are just as important about the rest of the parks as we are about that one. Mr. Carollo: I agree with that one hundred percent, Miller. Mr. Manager, what was the last time that Mr. Noguchi came before this Commission to give us an update as to what has been going on in Bayfront Park and all his new redesigns and changes or additions? Mrs. Kennedy: Well, let me tell you, I don't know how long it has been but if you want him, I can bring him any time you would like to see... Mr. Plummer: Please don't, please. Mr. Odio: No, please. Mr. Carollo: I'm asking the gentleman with the pants, not the lady with the skirt. Mr. Odio: If I remember right, it's been a years and a half or something that he came by here - maybe two, I don't know. Do you remember, Jack? Mr. Bads ((OFF MIKE)): It's a long, long time ago. Two years. Mr. Plummer: Let me see if I can try to do something. Mr. Carollo: Excuse me, J. L. Mr. Plummer: Oh, I'm sorry, I thought you were finished. Mr. Carollo: How long was it? Mr. Odio: ... I don't recall in the last year and a half to seeing him here. I saw him away from here. Mr. Carollo: I'll give you an idea. It was around, at least, 1983...and I know because Armando LaCasa was still a Commissioner here when he showed up. So you could... Mr. Odio: You might be right, Commissioner. Mr. Carollo: ... see how far back he was. Mr. Odio: See, I'm confused because I... Mr. Carollo: And in the meantime, we're spent several millions of dollars alone in fees and so on and I think that if it's not asking too much to have Mr. Noguchi come to this Commission so that he could personally let all of us know, publicly, just what changes have been made and why the cost has gone up so tremendously from what we originally started. Mr. Odio: I'll have him come. We'll bring him to the neat meeting. 158 May 28, 19073 Mr. Plummer: Can I prevail upon my colleagues? Let me try something on for size. To Miller and to Joe, can we, right now - I think this is so important. We have seven hundred and fifty thousand dollars in design. Is that correct? Roughly? Mr. Eads: ((OFF MIKE)) Seven. Yes. Mr. Plummer: Ok.. Joe Carollo wants money for Virginia Key. Would you say, Joe, at this particular time, three hundred thousand is fair for Virginia Key? Mr. Carollo: Excuse me? Mr. Plummer% If we allocated and approved, right now, three hundred thousand for Virginia Key, would you say that's fair? Mr. Carollo: J.L., Virginia Key is the most important park that we have in this City. Let me tell you why. Mr. Plummer: Joe, what I'm trying to do... Mr. Carollo: I know what you're trying to do but let me explain this to you, to the public. Virginia Key is approximately the same size as Central Park in New York is. Virginia Key has over a mile and a half of beaches. The only beaches that we have inside the City of Miami limits. Virginia Key is the only park that is really and truly a park that everyone, no matter how poor or rich they are, can go and enjoy themselves in without having to spend all kinds of monies. Now, Virginia Key, as you well know, is my baby. I've been working on Virginia Key in a master plan for quite a few years. The reason that it's open today is because of my insistence that we should not ignore it. But, at the same time, the other neighborhood parks are equally as important. You know, for the little old seven, eight, ten year old kid that's got nowhere else to go, instead of getting hooked on somebody that is going to bring him into drugs and somewhere else, he should have a park that has City employees that could get him involved in baseball or other sports. And that's what Miller and I are talking about and you have too. And the problem is that all that you hear about, from the Miami Herald, you know, which they want to have a strong newspaper form of government, is Bayfront Park, Bayfront Park. Well, we started with about $12,000,000, or so that we were going to spend there. It's over $20,000,000 now, which is absurd. Mr. Plummer: Twenty-nine. Mr. Carollo: Well, I was being generous, J.L. Mr. Dawkins: He didn't want to count the nine million Pepper got because he's a democrat. Mr. Carollo: The bottom line is that this City is not run by the Herald editorial board. This City is run by the people and if they want to have a strong newspaper form of government, let them run for office and have most of them move inside the City limits. But there's no way in the world that I'm going to approve another penny for Bayfront Park until we start spending equal amounts in the neighborhood parks. Mr. Plummer: Ok., Joe, all I was trying to say was, is there a way that today we could approve of one point three million worth of cost the Inner -City parks. We have $750,000 in design which we could approve if we gave a grant to Virginia Key and another grant, you're up to the million, three for Inner - City parks. Now, I don't know if that's possible. Mr. Carollo: Right - in other words... Mr. Dawkins: The only thing wrong with that, J.L., is, and I cannot vote for it because I have broken my promise to the people. Mr. Plummer: I shut up. I shut up. Please don't remind them Mr. Carollo: What you're saying is, we have three quarters of a million dollars in contracts already for Inner -City parks? Mr. Plummer: No, sir, - one of the items on the board, Joe, for design was ,.' $750,000. Vhat I was saying was, we could approve that today. Because it's l54 Way 200 196711 s got to be approved eventually anyhow. But, I will listen to my colleague Dawkins. Mr. Carollo: Well, let me sit down with John Gilchrist in the next hour or so and we'll take this up again a little later today. Mayor Suarez: As of now, it's passed on first reading and... Mr. Dawkins: No, it didn't pass on first reading. Mayor Suarez: Yes - Yes. Just on first reading, it didn't pass as an emergency ordinance. And... Mrs. Kennedy: Vhen is the second reading then? Mayor Suarez: It would be thirty days from now. Is that minimum? Mr. Dawkins: No, Commissioner Carollo is saying that if he can sit with John, he may change his vote. Mayor Suarez: I understand that. I understand that. Mr. Carollo: All that I said that I wanted to sit with John Gilchrist. I haven't said that I'm going to vote any differently. Mrs. Kennedy: Ok., would you like to see... Mr. Carollo: I reserve the same privilege... Mayor Suarez: Ok.. As of now, it's passed on first reading, not emergency, so... Mr. Carollo: ... that some other have had in this Commission that they vote for something and half a hour later, they change their mind and vote against Lt. Mrs. Kennedy: Right. Ok.. Mayor Suarez: Ok.. ------------------ 38. DEFER PROPOSED ACCEPTANCE OF BID TO DANVILLE/FINDORFF FOR BAYFRONT PARK REDEVELOPMENT PHASE III; MANAGER TO NEGOTIATE VITH SECOND LOWEST BIDDER (See label d18) Mayor Suarez: Item 14. Mr. Odio: I would like, Mr. Mayor, to at this point, reject all bids on this. Mayor Suarez: Well, let's hear from counsel, let's consider item fourteen now. We... Neil Flaxman, Esq.: Item 14 Mayor Suarez: Wait, wait, wait, I don't mean necessarily in that order. I mean that we're going to have to hear from you... Mr. Plummer: Reject all bids on what? Mayor Suarez: ... on the whole issue of item 14 now. Mr. Flaxman: I'm in favor of that proposal. Mayor Suarez: I understand but I'm not sure that the Commission is in favor of that proposal now... Mr. Odlo: They have defaulted on their bid... 160 may is, 191171 Mayor Suarez: Understanding that we cannot accept a bid today - or can we accept - do we have the monies for this? Mr. Dawkins: No. Mr. Odio: No. Mayor Suarez: Ok.. We could not accept it in any event but we ought to, maybe, give an indication to the Manager as to how to deal with your bid that, I know, came in at a lower figure than you meant it to be or something. Mr. Flaxman: Yes, it's correct. Mr. Carollo: Well, wait a minute, wait a minute. If we were to approve this today, is there anything that we could do, according to the law, to make sure that they're going to stick by their word in what they presented to us? Mr. Plummer: Well, they're obligated under law, of performance. Mr. Odio: They - are obligated under law. If not, they would default their deposit of $150,000. So, if they don't propose to do it at this bidded price, then I propose that we... Mr. Dawkins: Madam City Attorney. Go ahead, Joe, go ahead. Mr. Carollo: Well, let me say this to you. The only way that I would even contemplate letting them off the hook, if we approve this today, and we're going to accept the monies allocated right now for Bayfront Park, is if they agree not to be involved in the following bidding process, because if not, you're going to have every single company that bids before us, low ball the bids then come back to us and say: "Gee, we made a mistake" and give you some jargon that, you know, nobody can understand. Mr. Odio: That's the problem, so I say that we hold them to their bid and if they don't comply with this, we'll take their monies of $150,000 they have deposit, and well, then, we bid it again. Mr. Dawkins: Rebid, rebid, I... Mr. Carollo: But only, only - and we need the City Attorney to guide me on this. If we do that, that we have to have a signed statement from them that they will not participate on the new bidding process. Mrs. Dougherty: Commissioner Carollo, depending on what the facts are and that's what I would ask counsel for the - bidder to tell us but the law is this, that a court of equity will do equity in the following circumstances. First, that the contractor shows that he's acted in good faith in submitting the bid. Second, that he establish that an error has been made in the bid preparation that was of such a magnitude that the enforcement would work a severe hardship on the bidder. Third, the contractor approves that the mistake was not a result of gross negligence or willful inattention and, i.e., that means that if it was granted because of simple negligence, it might be Ok. and fourth, the contractor must establish that the mistake was discovered and communicated prior to accepting to the bid. If those four elements are met, a court... Mr. Dawkins: What's the last one? Mrs. Dougherty: That the contractor communicated to the agency giving the bids out- that's the City of Miami - prior to accepting the bids. Mr. Dawkins: Ok., Ok.. Now, number one... Mrs. Dougherty: Now, if occurs... Mr. Plummer: Accepting or awarding? Mrs. Dougherty: It says, acceptance of the bid. Mr. Plummer: So we accepted it at the time of the closing, it... Mr. Dawkins$ Of opening. a 161 may 280 19873 Unidentified Speaker (OFF MIKE): That is correct, award. Mrs. Dougherty: No. Mr. Plummer: Well, now wait a minute, she said accepting, you're saying award. Mr. Dawkins: We accept it at time of opening. Mr. Flagman: It's award. No. It's award of the bid Mr. Plummer: Well, which is it? Madam City Attorney, which is it? Accepting the bid or awarding the bid? Mrs. Dougherty: Prior to now. Mr. Flaxman: Prior to now. Mr. Plummer: Awarding. Mrs. Dougherty: Yes. Mr. Flaxman: Prior to this date, yes. Mr. Plummer: OK. Mr. Dawkins: Awarding? Mr. Flaxman: Yes, if I can get... Mr. Dawkins: Madam City Attorney, let me ask this. Now, these gentlemen say that they made a $300,000 error. Mrs. Dougherty: I think it's six hundred now. Mr. Flaxman: Six hundred. It's a six. Mr. Dawkins: Ma'am. It's what now? Mrs. Dougherty: It's six hundred. Mr. Dawkins: It's six hundred? Mr. Flaxman: Six hundred and eighty... Mr. Dawkins: Now, how many bidders did they knock out of the box by underbidding six hundred thousand dollars? How many people did they —Are you the City attorney? Mr. Flaxman: No, sir. Mr. Dawkinss Well, thank you, sir. Mr. Plummer: I've just been sitting here. Mrs. Dougherty: Sven if you included $600,000, they would still be underbidding the next lowest bidder. Mr. Dawkins: Yes, but, Ok., that' fine - that's fine. But when he bid it at six hundred, under six hundred thousand, he found out that he had everybody else bid, now he wants to come back and add it. You can't do that either. Mrs. Dougherty: Well, the truth of the matter is, you have the option to do that if you find, from the evidence, that this was an honest mistake. Mr. Dawkins: No, no, no, no, no. No, wait a minute, I'm asking you a question, Ok.? Mrs. Doughertys Ok. Here are the options, you can reject... 161 Use ,a _ 1 GA" Mr. Dawkins: No ma'am, you know, I got a diploma too, I heard you. My problem is, they underbid $600,000. When the rest of the bids were opened - not before - it was determined that they were $600,000 under. So now we want to go back and revise our bid and soak the City of Miami for another $600,000. Now, legally, aren't they liable to perform at that fee or lose their performance bond and say we cannot perform? Mrs. Dougherty: If it was of - if the mistake - and they underbid more than $600,000. Mr. Dawkins: No wait, no ma'am. See, what you're taking is chance and what they're going to say and what they may not say. I would say it was a mistake myself if it was $600,000. I don't have no problem with them telling me that it may be a mistake. Mrs. Dougherty: tinder the circumstances that you outlined that somebody goes to a bid, sees what the rest of the people bid and then decides, well, I want more money. No, of course they would have to be stuck and they'd have to forfeit their bid bond. Mr. Dawkins: Ok.. Mrs. Dougherty: In that circumstance, absolutely. Mr. Carollo: If someone makes such a huge mistake as that in dollars and cannot figure out by just looking at the final amount, that there's something wrong before they handed it in, you know, I tell you, I'm going to have some serious concerns with having that firm do any kind of work for us anywhere. Because if they can't add right, according to what I'm sure they're going to tell us, and what apparently they're telling us in their letter, how can you trust them for the rest of the work? Mrs. Dougherty: We can certainly bar them from future bidding. Mayor Suarez: Counselor, go ahead. Mr. Flaxman: Mayor Suarez and members of the Commission. My name is Neil Flaxman. I'm the attorney for Danville/Findorff. This is the president of Danville/Findorff, Inc. and first of all, I'd like to tell you there is a court reporter here. You asked me to make that as statement and we just, as a matter of course, brought a court reporter. I'd like to take a minute - you know, you're a hundred percent right in your concern. I would be concerned as any businessman. I'd like to take a minute and tell you about Danville/Findorff. Danville/Findorff is a corporation that's been in business for four years. They do government work. They have built the building at 401 N. W. 2nd Avenue which is a ten -story State regional office building by the state. It was a State contract. They are a substantial builder; it came in on time. It had more than the required minority quotas. They've built five schools for Dade County. It is not a situation that these are people who looked at a bid; who decided, well, let's raise the bid $682,000. You do not do that. This is not a fly-by-night operation. We have outlined for you, and I'll just introduce it into the record exactly how the computer, and this is a computer error, it's a computer glitch. Your own computer people have looked at this. This happens. It happens. We have erasers on pencils. This was a mistake. It was a mistake made by the computer. Mr. Sheldon will explain that mistake and this is not a situation where somebody is trying to up the bid. There is a substantial amount of difference, even with this mistake, they would be low by $400,000. In other words, with this mistake, it is not a situation where somebody is trying to raise the bid. It is a mistake that was made. It would have been called in the old days, a clerical error. Today it is called a computer glitch. Mayor Suarez: But - wouldn't it be reasonable on a project of this size to do a rough hand calculation to check the computer? Mr. Flaxman: Well, Mr. Daniel Sheldon - that's why the president is here. He will tell you exactly how the mistake was made. Mr. Odio: Mr. Mayor, another point is that they know the estimated value because that's put out at three point nine Now, they have been in the business and I know they have, when you have your estimator coupe in with three point one and if you don't double check those figures, then there's something 103 1647 284 19071 i wrong there because you knew the estimated value was three point nine how can you come in at three point one? Mr. Flaxman: It's obvious it was below the estimated value and even today, if you - and you do have the authority under the law to allow them even - and we are making this representation and we have to on the record, it's part of our obligation - that they are willing to perform the contract for the price which is the corrected price assuming the error was not made which is $400,000 below the second bidder. Mayor Suarez: Is this one of those cases, by any chance, where if you add all the components that did have the right figure, you would get a totally different total figure? Mr. Flaxman: That's correct. In other words, there was components missing. Mayor Suarez: In other words, if somebody had looked carefully, they might have been able to see that you had a... Mr. Flaxman: There are two components missing. It's obvious there are... Mayor Suarez: Oh no, that's different. You're saying components were missing - not that they didn't add up. But there were components missing. Mr. Flaxman: Dana, I'd like Dana Sheldon - he did it - to explain exactly how the error was made. Mayor Suarez: You know sometimes, I've seen it happen at least once here. It was even more complicated in that case because it changed the order of the bids. Mr. Dana Sheldon: (OFF MIKE) We have a chart. Mayor Suarez: Where they just didn't add up right - the components. Mr. Sheldon: My name's Dana Sheldon, president, Danville/Findorff, 7331 Coral Way. We did make a serious clerical error or mathematical error in our bid in the amount of - in the neighborhood of $700,000. Actually, it was a little bit less than $700,000. This mistake was made at the last few moments of the bid. We don't normally go back and add this up by hand. We're requesting, because of this mistake, that we're either allowed to correct the mistake which we are still under the second bidder by $400,000, or withdraw our bid and return our bid bond. If this was a ploy to come back and get more money because there was a big spread, I would be willing to go and do the job anyway rather than you take my bid bond. But we can't come up - our bonding company won't give us the bond for this project because of the spread and because we have made this mistake and it would cause serious hardship for us to forfeit this bid bond. In fact, we're on hold for any future bid bonds until this thing is resolved, which prevents us from doing any other bidding. _ Mrs. Kennedy: Let me ask you one question. We were told today, or at least I was told today that you came in $300,000 lower, then it jumped to six hundred thousand. How did that happen? Mr. Sheldon: The day, when we first saw the spread in the bids, we first anticipated there possibly is an error. We didn't find it until after the close of the business day. The error that I found was that the labor was not... Mrs. Kennedy: So the $300,000 was not a computer error, but... Mr. Sheldon: Yes, it was - I caught - it's not a computer error, it's a computer glitch. It's something that's in the program that we weren't aware of and it hadn't happened before. I'm going to take a minute to explain... Mr. Plummer: That's an expensive glitch. Mr. 4dio: I suggest you throw away that computer. Mrs. Kennedy: There's a lot of glitching to explain. 164 May 26, 19013 Mr. Flaxman: if I may say a word, the hardship is not only in the - is a $1500000 involved. This firm, you know they do a lot of work - the profit spread is low. They cannot get any bonding now. Naturally, the bonding company says you've made a mistake - there's a $150,000 involved. Unless it's cleared up, these people literally are stopped. They employ people. They've employed on this building at 401 N. W. 2nd Avenue a substantial amount of minorities. They're frustrated. There's a ten million dollar government job now for the airport; they cannot bid on it, they cannot get any more bid power. They've made a mistake. That mistake is hurting them, it's crippling them. Secondly, I'd like to bring to your attention that the money doesn't come from a bonding company, it comes from this man's company. It's not - they pay - they honor it in the event he doesn't pay it, but he has to pay that $150,000. If you accept the second bidder, theoretically, you have suffered no damage at this point. We have not delayed it with regard to one of the requirements. We notified the City the next day and, again, I would like to give this to the clerk, if I may. These are the documents that we did notify the City by telegram. We wrote the letter. We sent evidence of the computer mistake. So, what we're asking you to do, is to... Mr. Odio: Question Mr. Attorney. How long was the bid packet turned in before you discovered it? When did you turn your bid packet in? Mr. Flaxman: Dana? Mr. Odio: Before it was opened? Mr. Sheldon: The bids were turned in at two o'clock when the bids are normally turned in. After they were opened up, we found out there was a... Mr. Odio: Who...? Mr. Sheldon: ... spread between us and the second bidder... Mr. Odio: That's right. That's the key. Mr. Sheldon% ... and we immediately looked for it. Mr. Odio: Now, who signed that bid packet when that was sent in here, you? Mr. Sheldon: I signed it. Mr. Odio: And you didn't know that three point one was a little bit low as to the estimated value? Mr. Sheldon: I - we don't normally go by the owner's estimates on budgets, as you know. Mr. Odio: Oh, you don't? Well, I suggest you do from now on. Mr. Sheldon: As you know, on the police station, we went to the prebid on the police station - it has nothing to do with this - but the budget was three point five million and we - I think we're on record on the minutes that we said it was a five million dollar job. It couldn't be built for that. Mr. Odio: But, don't you know... Mr. Sheldon: For those reasons, we don't look at the - we look at our own estimates and our own budgets. Mr. Odio: You should know your own costs. And if you see a packet of three point one and you don't know your real costs on it and what spread you should have, then its really your burden. Mr. Sheldon: Because of the way this job is laid out, the complexity, we normally can do quick square foot costs and checks. This is not a building. It's an amphitheater, it has many seats. You can't square foot price and ball park this to get an estimated figure. You have to take it off item by item. Mr. Odio: You do that by seats. The amount of seats number and you put a cost to each seat and that's how you.... Well, anyway, I'm not going to teach you your busiaess, but I think we should hold you to your bid. 16S May 20, 19071 Mr. Plummer: Have you got a permit for that illegal sign on the building downtown? You got a roof top sign on a building downtown which I don't think you can get a permit for. Mr. Sheldon: I believe it's still under construction and... Mr. Plummer: That's not an owner construction. That's as big as the building. Do you have a permit for that sign? Mr. Sheldon: In don't think we - it's a state building and we aren't required to have a permit for the building. Mr. Plummer: No, you're required to have a permit for a sign. That sign is illegal, immoral and... Mr. Sheldon: If it's not supposed to be there, Vice -Mayor, we'll have it removed. But, if I can, I'd like to explain a little bit in detail what happened on the - on our bid. We delivered - I delivered to each one of your offices a copy of all this material I'm showing you right now. This is a copy of our summary sheet and, as you can see, our base bid which was turned in was two m illion four ninety-eight and with the allowances, it's up to the three million and fourteen that you're recommending for award. The substance of the two million - four ninety-eight comes from only the cost in the material column and the sub -contractor's column which - and you can add in your head - the eight hundred thousand and the - million five comes out to approximately two million, three. Along with the sales tax, which was added in, and our bond, that's how we arrived at the two million five oh one, which we rounded out to two million. Mr. Plummer: Well, you know, wait a minute. Wait, wait, wait a minute. Are we not cutting our face off to - something's wrong here. Mr. Manager, I hear what you're saying to me, but I'm looking at a sheet of paper here. Yes, they made a mistake, but if we throw these bids out, they are still $400,000 less than the second bidder. Now if you - let's assume we follow and throw out their bid. Mr. Odio: I'm not saying we do. I'm saying that they do the job for the bidded amount. Mr. Plummer: No, no, no. Look - they're going to go into default and- we're going to get a hundred and fifty thousand and the project is not going to get done. The point I'm trying to make to you is: they, in a corrected form at three seven are still four hundred thousand less than the next bidder. If we accept their bid and allow them to correct it, this City still saves four hundred thousand on the next bidder. Mr. Odio: That's not the point. It is still wrong what they're doing. He should be - when he signed that bid packet of three point one, he should have known there was something wrong. He's responsible for his company. He saw the owner's estimated cost of the project at three point nine, and he sees that his bid is three point nine. And then now he sees, when all the bids are open, that the second bidder is at $4,000,000 and he's going to raise his bid up two, three , six hundred thousand dollars. Mayor Suarez: Following on the same line of thinking, though, Mr. City Manager, how about the possibility, and I'm following the same exact thinking of the Vice -Mayor, if we gave them an hour or so to negotiate with us, maybe an in between figure from the one they came at and the one that still puts them as the lowest. Mr. Dawkinse Let me ask the question. Mr. Odio: But - it's, still wrong, Mr. Mayor. That... Mayor Suarez: Well,, wrong, but it's a lot of money for the City... Mr. Dawkins: Let me ask... Mayor Suarez: ... in savings. Mr. Plummer: Mr. Manager, Mr. Manager, from a standpoint of basic philosophy, you're right. Nobody can argue with that. But is it - to our benefit to 166 Noy 28e 19473 throw out the bids... and come up and use the second - or, no, I'm sorry - to use the second bidder? To throw out this bid? Mr. Odio: No. Mr. Plummer: Use the second bidder and pay him $400,000. more money? Where did we gain? Mr. Odio: I'd rather do it the other way. I'd rather meet with the second bidder and say, can you meet three point six million dollars and you got the job because they bid it honestly. Mr. Plummer: I don't have any problem with that. Mr. Dawkins: Mr. Mayor, Mr. Mayor. Mr. Plummer: I don't have a bit of problem with that if they can match... Mrs. Kennedy: If they can match that figure... Mr. Plummer: If the second bidder can match thre seven oh eight one two nine, I'm in favor of it. Mayor Suarez: Commissioner Dawkins. Mr. Odio: Then give me the authority to negotiate with the second bidder. Mayor Suarez: Commissioner Dawkins. Mr. Plummer: Yes, sir, I'll agree to that, right now. Mr. Dawkins: Let me ask the gentleman standing there, is this the same firm that went to the School Board and was adamant about the School Board not awarding the contract to the 3W contractor? Is this the same firm? Mr. Sheldon: We had nothing to do with the 3W contract, we didn't even bid the job. Mr. Dawkins: I'll ask - it as slowly and as elementary as I can. Is this the same firm that went before the School Board and argued adamantly that the 3W firm did not - would not receive the contract? Mr. Sheldon: I don't believe we met at all on that... Mr. Dawkins: You didn't? Mr. Sheldon: ... project you're talking about. Mr. Dawkins: You did not discuss it at all and you were not adamant and said that they were underbid and could not and what -have -you. Is that correct? Mr. Sheldon: I don't remember that. Mr. Dawkins: You don't remember. OK, but, you don't remember. Mr. Sheldon: I - we do - we've completed more than five new elementary schools. We're doing another one, Horace Mann Elementary right now. We've completed all our projects ahead of schedule, on time without any problems. I'm in front of the School Board several times on change orders and many other items. I don't remember every item I discuss. I'm familiar with that particular item because it was quite an issue with the School Board, but I... Mr. Flaxman: Mr. Dawkins, can I say one word, please. I've been sitting here since 9:30 and I admire your minority program and I spoke to Mr. Givens about it. This is - one of the few- and I'm his lawyer and I've been his lawyer for four years, one of the few contractors that always has more than the minority quota in building the government buildings. You're picking on the wrong man and I mean that. Mr. Dawkins: All right, are you... a 167 14ay 28 1947 33 K 1 Mr. Flaxman: He is not that type of man and you can say what you want that he had a bad bid here and he's stupid or you can say what you want to but... Mr. Dawkins: Are you finished... Mr. Flaxman: ... as far as his record for minorities... Mr. Dawkins: All right. Mr. Flaxman: ... it excels. And I mean that. Mr. Dawkins: Ok. - all right. How many Cubans or Blacks has his firm taken In on them, on all of these jobs where he has used minorities and when that minority left the job, he was in the position to go in business for himself or to compete with him. Mr. Sheldon: (OFF MIKE) I don't understand the phrase of his question. What's he saying? Mr. Flaxman: I think what - I don't' know how many Blackcontractors there are and the reason that there is a lack of Black contractors is not because of this man's fault. It is because of the bonding requirements. Many Black contractors cannot get Black- get the bonding requirements. Mayor Suarez: Counselor, the Commissioner is fully aware of that. He and I have gone to Tallahassee and met with the Insurance Commissioner on that same point. You don't have to convince us of that. Mr. Flaxman: OK, he has hired subcontractors who have fully done their job, who are in business today, who are legitimate. He has never acted as a shill for a Black contractor. He has never lent his name for a Black contract, if that's what you're inferring. He has hired - and I think he can give you the list of the Blacksubs and we can bring them here. Black subcontractors who have, in fact, performed on these jobs, who are alive and well and doing well today. And if you eliminate this man and if you take his bid bond, you are going to eliminate from the competitive marketplace, a bidder. You only had three people bid on this job. Mr. Dawkins: Let the records reflect that the only thing Miller Dawkins asked was, how many people, Black or Cuban, who had worked with him as subcontractors that he allowed and assisted where, when they left him, they could stand on their own - compete with him. I didn't say any more or any less. Let the records reflect that. Mr. Flaxman (OFF MIKE): I thought you said contracts. Mr. Dawkins: That's all right, I mean. See, I... Mr. Plummer: Are you ready for a motion? Mayor Suarez: Yes. Mr. Dawkins: See, but you got a court reporter here. I want to be sure the record is correct. Mayor Suarez: And keep it in mind that we cannot, in any event, accept these bids today because we don't have the authority from the Commission to... Mr. Plummer: Assuming that my... Mayor Suarez: ... spend this money, but we've got to do something about the issue of your proposal being... Mr. Plummer: Assuming that my motion is legal and approved by the City Attorney, I move that the City Manager be instructed to negotiate with the second bidder. If, in fact, the second bidder can come down to the same price of three million, seven oh eight and two nine that he come back and so report that this Commission would indicate that they would award the bidder to that party. I offer that in the form of a motion. Mr. Dawkins: Second. 160 Mg9 280 US? k s Ms. Kennedy: And 1011 second. Mr. Flaxman: Under discussion... Mayor Suarez: Moved and seconded. Mr. Flaxman: If they're not, we are willing to - we are willing to come down. In other... Mr. Plummer: Sir, sir. Mr. Flaxman: Yes. Mr. Plummer: You keep talking, you going to lose $150,000. Mr. Flaxman: All right, I'll shut up. Mayor Suarez: OK, that was going to be my question. The implication of that is that there be no forfeiture of their... Mr. Plummer: Not at this point. We haven't rejected. Mr. Flaxman: (OFF MIKE) All right, sir. Mayor Suarez: Right. OK. Mr. Plummer: But, we might. Mr. Flaxman: (OFF MIKE) All right. Mayor Suarez: But, then the other condition would be if we went with... Mr. Plummer: If you keep talking, we will for sure. Mayor Suarez: That if the second lowest bidder - if we were able to negotiate that, we would get a full, complete release from your company. Mr. Flaxman (OFF MIKE): Of course. Mr. Plummer: Today? No, at the time of the decision. Yes. Mr. Carollo: No, no. Mr. Dawkins: Thank you. Thank you. Mayor Suarez: We have a motion and a second. Commissioner Carollo. Mr. Carollo: You're saying to accept the second bidder that we had here. Mr. Plummer: No, sir. I'm saying to give the Manager the right to negotiate with the second bidder. If, in fact, he can meet the price, as corrected of three million, seven oh eight one two nine that this Commission will then deal with that and most likely award it to the second bidder. Mr. Dawkins: But, we will not give him back his bid bond. Mr. Plummer: We're - we'll deal with that - we'll deal... Mr. Dawkins- Well, I trove that all of it - everything be tabled until the Manager negotiates and come back. Mr. Plummer: Well, that's what I was doing was giving him the authority to do that. Mr. Dawkins: No, no, you're not doing that - that's not what you're doing. I mean - well, that's not what I understand we're doing. Mr. Plummer: It's the same thing. Mr. Dawkins: I move that this total thing be tabled and that the Manager is allowed - I mean - what I will vote for, I don't care who make the motion, that this be tabled and that the Manager be allowed to negotiate and come back at the next meeting with whatever he negotiated and that this Commission come to a decision. Mayor Suarez: We have a motion - a second motion. Mr. Plummer: I'll second the motion. It's exactly what I said. Mayor Suarez: OK. Oh, the first motion and the second motion just merged into one. Beautiful. Mr. Plummer: That's exactly what I said. Mayor Suarez: We have a motion and a second. Any further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-509 A MOTION DEFERRING CONSIDERATION OF PROPOSED RESOLUTION ACCEPTING THE BID DANVILLE/FINDORFF, INC. FOR BAYFRONT PARK REDEVELOPMENT - PHASE III; FURTHER INSTRUCTING THE CITY MANAGER TO NEGOTIATE WITH THE SECOND LOWEST BIDDER FOR SAID PROJECT TO SEE IF SAID BIDDER CAN REDUCE HIS BID AMOUNT OF $3,708,129; FURTHER INSTRUCTING THE CITY MANAGER TO COME BACK AT THE NEXT COMMISSION MEETING WITH HIS RECOMMENDATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 39. CONTINUE CONSIDERATION OF TWO APPEALS FILED BY THE ALLIANCE FRANCAISE OF ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION AND VARIANCE AT 349 S. W. 12 STREET Mayor Suarez: We have an applicant on PZ-5 and PZ-6. And that's the Alliance Francaise who would like to have their item deferred, I believe they think that the various problems can be worked out. Mr. Dawkins: PZ what? Mayor Suarez: PZ-5 and 6. We have - I want to recognize the Consul of France here... Mr. Reynard, you have watched many hours of our Commission functioning. I hope that you can report back to those in France that we do as well or better. In any event, I understand that we have someone that wants to oppose, or at least speak to that issue from the neighbors. Now, let's see how the Commission decides to act on this. Ma'am. Ms. Julia Dawson: My name is Julia Dawson. I live at. 1137 N. E. 123rd Street. I own property in the immediate vicinity of the property that's in question. Mayor Suarez: You're not being paid for your appearance here today so you've - right? Ms. Dawson: No, I'm not. I'm here as a property owner. I was mailed notice and I am here to speak. I came to speak in opposition to the parking variance. I have just learned from Mr. Siegel that he thinks he may be able to work out some off street parking. My reason for requesting time to make a comment is that since I am here to - because I'm concerned with this issue and because there are several other people here for the same reason, I would request that any meetings that take place between the Alliance Francaise or their representatives and paid City officials be made known and open to representatives from the community. We have a very strong interest in what happens there. We have followed this. We have spoken publicly on it. We have met with the Alliance Francaise. We intend to keep on doing so and we feel that those meetings will be most productive if our input is there at the time these discussions take place rather than waiting for us to react after the fact. And we request that we be notified and invited to those meetings with paid City officials on this issue. Mayor Suarez: Well, I think, Mr. Vice -Mayor, you were maybe involved in negotiations on this. The idea would be that the Off Street Parking authority might, at some point, approve some alternative plan in which case that would be determined at a public hearing, Julia. I don't know that we want to force every single meeting by every single City official with every single member of the... Mr. Plummer: I question whether I'm paid. Ms. Dawson: Well, I would have to share with you then that my apprehension is raised by the fact that Mr. Siegel would not even share with me the name of the Commissioner who had said he would work with him and take... Mr. Plummer: I'll share it with you. Me. Dawson: That's fine, I appreciate that, however... Mayor Suarers That's a no no. He should have told you that it was probably any one of the five of us because I think they met with all five of us. Mr. Plummer: Well, no, Mr. Mayor, I did volunteer and I was going to put it on the record as soon as you quit speaking... Ms. Kennedy: I volunteered too. Mr. Pluaamer: . , . that I have agreed to work with them and as* if here is 40" way. I have a distinct feeling, from the planning professional, from the Asighbors, and everyone - the concern is parking. And that is a very 171 May 28, legitimate concern. Matter of fact, I was told, just to put on the record about the situation with the Diva restaurant. When I read the letter from Diva, it was not exactly as what had been told to me. Ms. Dawson: Nor was it exactly as it was presented at the zoning ----. Mr. Plummer: OK, so, I said to them that I think that maybe that there could be a meeting with the Off Street Parking Authority. There could maybe be - they've talked about - not this gentleman, the other one that I spoke with, the Pantry Pride. Give us the time to try and work out the problem with the parking. I have volunteered my services, absolutely free whether I'm paid or not, to sit down with appropriate parties and see if there is something that can be worked out. Ms. Dawson: We would like, then, to publicly make that same request. That you spend time with representatives from the neighborhood addressing our concerns for the parking issue and talking to us about options that may be available with off street parking or what other measures may be available to solve the parking problems... Mr. Plummer: Be my pleasure. Ms. Kennedy: Julia. Ms. Dawson: ... so that we can - so that we can address our concerns early on and not at the end of this. Mr. Plummer: Be my pleasure. Ms. Kennedy: I didn't know that Commissioner Plummer had volunteered himself. I also have met with the Mr. Siegel and the Consul and many, many members and I think that their suggestion to put a guard to make sure that people don't park improperly, you know, is very well taken because we have two options to do with this building; we can either let it sit there and wait for another church to take it over or we can give it to the Alliance and put it to good use. Ms. Dawson: With all due... Mr. Plummer: Well, you have a problem there also. Even if you put another church there, they only have nine legal spaces. You have the same problem. Not adequate parking because it's not of their choosing but because of the expressway. Me. Kennedy: OK. Mr. Plummer: Now, I read in the professional recommendation, that you probably would have supported this issue if parking was available. All I'm saying is, I volunteered my time to try and help them work out, if it's possible, and I'm not saying that it is, to see if we can't get additional parking for this kind of an activity It is something that we want. Ms. Dawson: You are correct that we do not oppose the special exception that is asked for the organization's use of the building. We oppose the parking variance. We oppose waiving thirty- five required parking spaces and we know, at least from what Mr. Siegel has represented, that the off street parking that is being considered will not most the additional thirty five spaces that has been asked for in the variance. Therefore, there is still going to be a shortcoming. Our concern is with cars parking in front of private residences. Cars parking along the median of the street that is an incredibly bad intersection that is already extremely hazardous and, in fact, the day that we left the meeting that we had with the Alliance Francaise, there was an accident on that very corner from a person who live on within a block of this property and those happen regularly. We're talking about increased traffic, Increased parking, increased use, and, unless we can be assured primarily that we aren't going to have cars in our front yard, then we have a problem with a solution. And the Alliance has maintained all along that they have the parking problem solved. They'll put a few cars here, a few cars there, a few cars there, but they have never ever been willing to give us any kind of enforceable guarantee - enforceable guarantee that there will not be care parked In front of our house. They have specifically declined to do that. go 1 think you can understand where our apprehension comes from. They know their 172 11�ty �A 1�41 fi� 4 a cars are going to have to park there. We know they're going to have to park there. We don't want them there. We suggested also a security guard. But that security guard's duty, according to the Alliance Francaise, was to merely suggest and help direct people to appropriate parking. There is no enforceable guarantee that we will not have parking lots in our front yard. And that's what we care about. Paul Siegel, Esq.: Mr. Plummer, are we debating the issue now or are we simply asking the Commission for a deferral? Mr. Plummer: Sir, we're allowing a property owner to express her opinion. Mr. Siegel: Yes, sir. Ms. Dawson: This is why I am interested in being a part and other residents are interested in being a part of discussions that take place with City officials on how to solve this problem. We want to be there. We want to know what is anticipated, what is possible, what is not possible. And we want to be a part of deciding what happens. _ Mr. Plummer: And I will give you only the assurance of J.L. Plummer that I will spend as many minutes, hours, with you as I spend with them and you will be fully informed at all times. Ms. Dawson: OK, I appreciate that. I hope the other Commissioners and Mr. Mayor, that we can expect the same response as well. We are involved. This is an organized community and we do intend to pursue what we see as a real community concern. Mayor Suarez: Absolutely. Mr. Dawkins: I'll go a step further. In the event that nobody - that they have no meeting and you're desirous of meeting with any member up here, if you'll call either one of our offices, we'll be glad to come and meet with the group to find out - you know - to get some feeling and some feedback from you. Ms. Dawson: Thank you very much. Mayor Suarez: Thank you, Julia. I'll entertain a motion to defer until what? One month from now? Mr. Plummer: Yes. Ms. Kennedy: Move it. Mr. Dawkins: Second. Mayor Suarez: That would be the Planning and Zoning... Mr. Plummer: Items 5 and 6. Mayor Suarez: ... meeting of June 25th. Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-510 A MOTION CONTINUING TO THE MEETING OF JUNE 25, 1987 CONSIDERATION OF TWO APPEALS FILED BY THE ALLIANCE FRANCAISE OF ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION AND VARIANCE TO ALLOW CONVERSION OF EXISTING STRUCTURE LOCATED AT 349 S. W. 12 STREET TO A PRIVATE NOT FOR PROFIT CLUB. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- �:f 4 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None Mr. Siegel: Thank you very much. Mayor Suarez: Mr. Counselor, good to have you, sir. 40. FIRST READING ORDINANCE: ATLAS CHANGE FROM RG-2.1/3.3 TO RG-2.2/7 AT 2100 BRICKELL AVENUE Mayor Suarez: We have item PZ-1. Mr. Guillermo Olmedillo: Good afternoon, Mr. Mayor. For the record, Guillermo Olmedillo, Planning Department. Item PZ-1, it's a request for a zoning change from an RG-2.1 to an RG-2.2/7. The applicant at the Zoning Board meeting changed the request to an RG-2.1/5. Our comprehensive plan shows a moderate density residential classification for that area. Therefore, the RG-2.1/5 will be the district to address that particular density. At the end of last year, you may remember that you approved a similar change in density, only in intensity, not in land use. The Zoning Board has recommended the change, not as requested originally, but see what's requested when the modifications were made; that is to an RG-2.1/5. The Planning Department has also recommended approval of the amended application to RG-2.1/5. There is a covenant proffered by the applicant which is in your packets for your consideration. Mr. Plummer: Is there anyone here in opposition? PZ-1 - is there anyone here in opposition? Mr. Mayor, I move the approval of PZ-1 on first reading. Mayor Suarez: So moved. Mr. Plummer: As modified. Mayor Suarez: As modified. Do we have a second? Please have a... Ms. Kennedy: Second. Second, yes. Mr. Carollo: Second. Mayor Suarez: Second. Any discussion? Read the ordinance. Mr. Plummer: Is there a representative here representing the applicant? No. Laura Tindall -Howell: Yes. My name is Laura Tindall -Howell, Tindall - Howell Consulting, 2665 South Bayshors Drive, for the record. And I am a registered lobbyist with power of Attorney to represent the applicant. 4h Ms. Kennedy: Sure. Mr. Plummer: Well, that's before second reading, of course. Ms. Kennedy: Before second reading, will you do that between now and then? Ms. Tindall -Howell: Before second reading, surely. Certainly. Ms. Kennedy: OK, thank you. Thereupon the City Attorney read the ordinance into the public record. Mr. Plummer: Call the roll. Mayor Suarers 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, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2100 BRICKELL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM 2.1/3.3 GENERAL RESIDENTIAL TO RG-2.1/5 GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 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. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 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. Mayor Suarez: Is there a companion item? Oh, no companion item. y, 41. AFFIRM ZONING BOARD'S DECISION TO GRANT SPECIAL SXCEPTION FOR ADULT CONGREGATE LIVING FACILITY AT 50 S.W. 32 COURT ROAD Mayor Suarez: Okay, PZ-2. -17 Mr. Olmedillo: PZ-2, it's an appeal of the Zoning Board's decision to grant a special exception for an ACLF for not more than six residents and waiver of _,�_'. four parking spaces. This particular facility is located at 50 S. V. 32nd 3Xi Court Road, which is right next to 32nd Avenue. The zoning is RG-3/5. The , 7- existing facilities is an old motel with six units. There's a lot of public transportation on Flagler Street. On January, 1986, the Zoning Soard deferred for the applicant to meet with the neighbors in February, 1987. The Boning Board granted a 9-0 vote to have the extension of the special exception. The Planning Department has recommended approval subject to one year review and not more than six residents including staffs. 1�� iley ��►, t9�i Mayor Suarez: The indication here, when you say proponents and opponents, is that proponents meaning those who are in favor of the ACLF or those who are in favor of this application to...? Mr. Olmedillos Of the appeal; the application is an appeal. Therefore, the proponents will be... Mayor Suarez: Against the ACLF. Mr. Olmedillo: ... against the ACLF. Mr. Plummers Are they present? Are there people here who want to speak against it? Mayor Suarez: Please, yes, on the... Mr. Plummer: Beside you, sir, is there anyone else in the audience who wishes to speak against item 2? Mayor Suarez: Against meaning on the side of the appeal. OK, step up to the mike, air, and give us your name and address. Then we'll hear from the property owner. If necessary. Mr. Jack Beavers Yes, for the record, my name is Jack Beaver. I live at 3230 W. Flagler. I'm really not against this type of living quarters or anything. The only thing I'm against is in this particular area, it's a small building, very small building only six units which means they could only have five people living there. They have virtually no yard for these people to get into to go outside. They have a big porch, but that's all. The parking, they're indicating one parking place will be allowed - off street parking but we know that these people, older people in the neighborhood there when they come around on visiting days and all of this, parking will be all over the streets. It will not be in this one place. They won't have - and there's very bad parking now if your a visit that area, you know the area. Cars are parked all over the place now. You add cars from all the relatives of these people and there's always wrecks in that area. The emergency squads and tow trucks work constantly around the clock in that area. We've been living in that area now a little over thirty years and it's continuous getting worse every year. The whole area is just not suitable for that type of house. It doesn't seem to me like a house that size or apartment house, which it was, one room efficiency, could go in there and for five people and make a go of it. I just don't see how they can do it and we're just concerned that the people will not have a - the proper care and be taken care of. Do you want to say anything? Ms. Sally Beaver: Sure, why not. OK, I'm Sally Beaver, 3230 West Flagler. He's been living there 35 years, I've been there over half a century, about 56 years. It's been a darn nice neighborhood. I'm highly taxed on Flagler Street. I don't want the value of my land, after a half a century in this City, to go down. And I feel like this will cause it - will be one reason for it to go down. .1nd we've worked hard to maintain a neighborhood. And it's very hard to do in Miami now. To keep the neighbors together and all. We have good twelve unit apartment next to us. Get along with everybody there. I have vacant land on the west of me which I had to fence in because of a little problem - people using it to park. But this property here is going to just bring a bunch of elderly people in on it and it's not a very big place. I sent pictures to you. I wrote three pages to you and I think my letter speaks for itself. And I know the other neighbors wrote in too, but, unfortunately, they weren't able, due to health, to attend tonight. And I thank you. Mr. Gustavo Puentess Good afternoon, honorable member of the Commission. My name is Gustavo Puentes. I'm a registered lobbyist and I'm here to express the concerns of the respondent here, Sara Santos, in her request for the adult congregate living facility in question. It has been stated by the neighbors, Mr. Jack Beaver and the lady from whom we just heard, that they are concerned about the conditions of the community and their neighborhood. And we are well aware and very sympathetic as to their concerns. Let me start with the premises that the present zoning condition of this particular property. ... is that of a motel/hotel. Is approved to have six unitsi rental, Indio* transient rental units. The alternative use for that property will be to convert this into a hotel where you may have as many as twenty occupants In the premises altogether. And it is unknown the number of cars or vehicle 176 Nei► 28# 1947 that - or on parking spaces that that hotel and that use might take on the community. We respectfully defer from the neighbors as to the degree of harm that this type of facility will impose on the neighborhood. We are talking about six elder citizens who will be taken care of in this facility by four attendants. The estimate parking obstruction or the cost in parking spaces is estimated to be four. There is ample parking - there's ample public transportation in the nearby streets. The employees themselves are individuals who do not drive to work. They use the public transportation. None of the senior citizens who will be utilizing, who will be taken care of in this facilities themselves drive. Four parking spaces may be a considerable amount of damage to this community indeed, but when look in lieu of the benefit that those four parking spaces will bring into the community, I think that the community should be grateful to Mrs. Santos for trying to bring this project into it. As far as the facilities themselves, may I indicate to the Commission, that the facility has been inspected and licensed by the Department of Health and Rehabilitative Services. Not for six but for twelve residents. Each one of the rooms in the facility which totals six, one for each resident, has an area of 13 x 12 feet. It has an individual bathroom with shower, toilet, sink, wall support and safety equipment. It has two corridors along this property. Each one of the corridors ranging - having a measurement of 72 x 8 feet, 72 feet. One of those corridors is covered, to be used in inclement weather and the other one is open so that the residents could use it and engage in leisure activities. The adequacy of the facilities has been demonstrated both to the regulating state agencies, to the Zoning department and to the Fire Inspector. It is true that more lucky senior citizens are able to have homes of their own with ample facilities, space, yards, etc. However, not all of our senior citizens are in that privileged group - the privileged few that still maintain their homes in their old neighborhood. Some of our senior citizens need the care of this type of facilities where we almost have a one to one ratio of caring. This is the type of facility that we are proposing to have approved by this Commission. There is a scarCity, there is a need for this type of residence in our community. We sympathize and respect the need of the neighbors, I think that with the one year requirement that we are to come back for reapproval in one year, there should be enough time for the neighbors to familiarize themself - with the utilization of - with the effect of that residence facility in the community. And they could then come in front of this Commission and indicate their specific objections. Mayor Suarez: Thank you for your presentation. Madam City Attorney, number one, what is the standard that we're supposed to apply in determining a special use exception now? And number two, what would be the standard applied after 12 months? The same? And, if so, what...? Ms. Dougherty: It's the same standard. It's to see that there's no adverse impact on the neighborhood after 12 months and this time is also a... Mayor Suarez: We could change our minds in 12 months? Mr. Plummer: Sure. Ms. Dougherty: If there's evidence. Mayor Suarez: Applying the same exact standard. Ms. Dougherty: If there's evidence to prove that there is an adverse impact on the neighborhood. E 0 0 Mr. Walter Pierce: There's one slight difference between the Planning Department's recommendation and the Zoning Board's decision. The Zoning Board's approval limited to no more than six residents including residents staff. The Planning Department recommendation was for approval subject to six residents excluding resident staff. Mr. Carollo: This is the information we were given as to how many people could actually live there if this were kept as a hotel. Is that accurate? Mr. Olmedillo: That is accurate. The RG-3 district allows to have a hotel or a motel there. As a matter of fact, the facilities that exist today are a b- room motel. Mayor Suarez: Now, how much staff do you really have there. You made a reference to one-to-one. Mr. Puentes: We are going to have four staff members altogether. Mayor Suarez: How many resident staff members? Mr. Fuentes: Six members. We have a one point five ratio, in fact. Mayor Suarez: Six resident adults or whatever. Mr. Fuentes: OK, now let me clarify. Mayor Suarez: ... the client population. How many resident staff? One resident staff. Mr. Fuentes: OK, let - there will be no resident staff, the... Mayor Suarez: Oh, no resident staff, OK. Four staff... Mr. Puentes: Right. Mayor Suarez: ... that will be - OK, it's not exactly one-to-one. OK, Commissioners. Ms. Kennedy: Well, I tell you, we need housing for the elderly and I don't think that the parking is that big an issue because most of them won't be driving. So I'm going to move to follow the recommendation and grant it with a full review in 12 months. Mayor Suarez: So moved. Mr. Plummer: Which one of the reviews are you talking about? With staff or without staff? There was two different. Mr. Olmedillo: What is being reviewed is that decision of the Zoning Board. Staff's recommendation was overruled by the decision of the Zoning Board. Mr. Plummer: Well, but the one from the Zoning Board was more restrictive. Mr. Olmedillo: Yes, sir. And that is what is before you today. Mayor Suarez: Is that the one you're moving? Ms. Kennedy= Yes. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Mr. Fuentes: If I may address the Commission at this point. We are requesting approval for six residents. Ms. Dougherty: It's a resolution. Mayor Suarez: Might. Mr. Plummers Six residents. 46 a Ms. Kennedy: Six residents. Mayor Suarez: Call the roll. Mr. Carollo: What's the motion again, please? Mayor Suarez: Commissioner wants clarification on the motion. Mr. Carollo: What is the motion? The exact motion? Ms. Hirai: Approval, subject to a review after 12 months. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-511 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE APPEAL OF THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 OF 6, RG-3 GENERAL RESIDENTIAL, PRINCIPAL USES AND STRUCTURES, TO PERMIT AN ADULT CONGREGATE LIVING FACILITY (ACLF), WHICH IS A TYPE OF COMMUNITY BASED RESIDENTIAL FACILITY(CBRF), WITH NO MORE THAN SIX RESIDENTS, INCLUDING RESIDENT STAFF, TO BE LOCATED AT 50 SOUTHWEST 32ND COURT ROAD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A REDUCTION IN REQUIRED OCCUPANT OFF-STREET PARKING FROM 5 SPACES TO 1 SPACE AND WITH A REVIEW BY THE ZONING BOARD AND THE CITY COMMISSION ONE (1) YEAR AFTER THE ISSUANCE OF A CERTIFICATE OF USE; ZONED RG-3/5 GENERAL RESIDENTIAL; WITH A TIME LIMITATION OF ONE (1) YEAR IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 2. DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL OF ZONING BOARD'S DECISION TO DENY VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING AT APPROXIMATELY 3250 S. DIXIE AND 3271-91 W. TRADE AVENUE (SEE LABEL #44) ayor Suarez: PZ-3. Let's go through these as quickly as we possibly can. r. Olmedillo: PZ-3 It's an appeal by applicant of denial of variances by the cuing Board. This is a property which is located on West Trade Avenue and We Highway, very close to these quarters. The maximum height is 40 feet, hich is on RO-2.I. There is a shortage of loading spaces. The parking - hey're providing twenty-one out of twenty-nine required parking spaces. he - the hardship issue is not present in the sense that this is one of thoso ots which is surrounded by rights of ways. Therefore, when you apply the 179 may 200 1"T s • • FAR, you come out with a very large building, but the parking cannot be accommodated due to the shape of the lot. The Zoning 'Board recommended, by and 8-1 vote, a denial. The Planning Department recommends... Mayor Suarez: Are you saying that because the F.A.R. calculation excludes the right of ways or because of the shape? Mr. Olmedillo: Because it includes - the FAIL will be multiplying the square footage of the building - the final square footage of the building. It's multiplying the FAR times the gross load area. Gross load area includes all the right of ways around it. Mayor Suarez: But because we have main highways right next to - all around it... Mr. Olmedillo: Right. Yes, sir. Mayor Suarez: ... that reduces the actual usable... Mr. Olmedillo: And the usable portion of the site, itself. It's restricted by those limitations. The Planning Department recommends denial of both items. And this is an appeal by the applicant. Mayor Suarez: Okay. Proceed. We get to hear from George too? Mr. George Campbell: Yes, please. Public Works would echo the Planning Department on this. We're concerned with this - particularly with his request for the reduction in parking in this area and for the off-street parking - I mean, off-street loading rather. As it stands now, there is considerable parking along West Trade Avenue from the existing developments. Not just the apartments along the south side but there are a couple of little office buildings on the northerly side, plus the fast food establishment on the corner up there at 32nd Avenue. It is our opinion that this reduction of parking spaces would increase the intensity of the on -street parking, plus the fact that any loading, deliveries and so on would be from the street rather than from a loading space on site. So that we would, as I say, echo the Planning Department's concerns for denial because it's just too much building for the site. Mr. Plummer: What about if they reduce the scale of the building? Mayor Suarez: Or maybe made one of the stories into parking so they would comply with the parking requirements. Mr. Olmedillo: First you question, I believe that if they reduce the bulk of the building, they will come in compliance because they will not need the off- street loading space and they would need less parking. On the other hand, if they increase the height by adding a floor, the shape of the site makes it so difficult that the ramp for the next level of parking will take up much of the area so I don't know if they would need the additional nine parking spaces needed. Howard Horowitz, Esq.: Thank you, members of the Commission. Thank you, sir. My name is Howard Horowitz, I'm an Attorney. I'm at 2701 S. W. Le Jeune Road, Suite 401, Coral Gables, Florida, representing the applicant. This is an applicant regarding a proposed 5-story office building... Ms. Kennedy: Excuse me, have you registered with the City? Mr. Horowitz: I have not registered with the City. No. Kennedy: Are you getting compensated? Mr. Horowitz: Yes, ma'aw. Ms. Kennedy: Then you have to register. Mayor Suarez: Table the Item. Get your registration. 100 May Z$, 19157 43. MOTION TO REVERSE ZONING BOARD'S DECISION TO DENY VARIANCE TO ALLOW SECOND STORY ADDITION TO 3194 COMMODORE PLAZA FAILED Mayor Suarez: Item PZ-4. Mr. Olmedillo: PZ-4. It's an appeal of a denial of a variance to waive three parking spaces. This property is located on Commodore Plaza on the corner of Commodore and Grand. Parking in that area is a problem. The applicant is requesting this because he wants to add a floor to the existing facilities. The Zoning Board - decided on a denial of the variance and the Planning Department recommended a denial to the Zoning Board. Mr. Plummer: Where is the applicant? Mayor Suarez: There he is. Stephen Helfman, Esq.: Right here. My name is Stephen Helfman. I'm an Attorney with Fine, Jacobson, Schwartz, Nash, Block, and England with offices at 2401 Douglas Road. This is a minor request for a variance to allow an addition of a 1500 foot second floor to a small retail store on Commodore Plaza. We have attempted to avoid being here by acquiring parking spaces within 600 feet of the property, which is an alternative provision in the code that would allow us to do that as opposed to on site. Because, as you'll see, as I proceed, we cannot provide the parking spaces on site. We have met with thirty one different business establishments in the area; the Coconut Grove Chamber, the Coconut Grove Community Action Development Agency, the Coconut Grove Local Development Corporation. We've met with DOTS to attempt to acquire spaces adjacent to the Playhouse. They have agreed to give us spaces, but it's only on a month -to -month basis and that's not sufficient for the Zoning Department. We... Mr. Plummer: What is the second floor to be used for? Mr. Helfman: For retail space. A portion of it for storage but - the remainder of it for retail sales. Mr. Plummer: How much to storage? What's the breakdown of the 1500 square feet? Mr. Helfman: I'm unsure. If I can ask my client. Mayor Suarez: In the meantime, Counselor, have you given a copy of this petition to the Clerk? Do you want me to order this into the record? Mr. Helfman: I have - yes, if you would, please. Mayor Suarez: OK. Mr. Helfman: I have the original here which I'll deliver. Mayor Suarez: We have a group of twenty six petitions in favor of the variance. Presumably, from people in that area. Mr. Helfman: I'm told that twenty-five to thirty percent of the second floor will be for storage. We believe that this is an appropriate request and an appropriate instance for a variance. There are six conditions which the City requires for the granting of a variance. They are on a form, which I don't know if it's provided to this Commission, but it's provided to the Zoning Board, and we have met each of those conditions. The first one is that we have some special circumstances which are unique to the land and we certainly have that. We have a piece of property which is triangular in shape. It has no access from any public street for parking. In the event that we made that property a parking lot, we couldn't get the cars to it. It's unique in that sense. It's the only property on Commodore Plaza that's not serviced by the alley in the back, Which is one manner in which the people on Commodore Plazas achieve parking for their property. The second - condition is that these special conditions do not result from something the applicant has done, They certainly don't - they're attributable to the property. We have not built a Mall that keeps us from putting parking on the property. lel may 20, 1987 Mr. Plummer: Can I interrupt you? Mr. Helfman: Yes. Mr. Plummer: is there anybody here in opposition? Oh, you're all in opposition? UNIDENTIFIED SPEAKER: (OFF MIKE) Yes. Mr. Plummer: Continue. Mr. Helfman: Thank you. The third item is that a literal interpretation of the zoning ordinance would deprive us of a right which other property owners similarly situated have, and that is the right to develop our property to it's potential. I'll note that we're only asking for fifteen hundred square feet where we could build forty five hundred total. But we're being deprived of the right to do what everybody else on the block has done to a much greater extent. As you're, I'm sure, very well aware, there are major structures on Commodore Plaza. We have three 5-story buildings on that block. We're talking about fifteen hundred square feet. The fourth item is that we're not going to be treated special. We're not receiving any special treatment or being treated differently than anybody else on the block. Again, we're asking for this variance so we can accomplish the same thing that others on the block have accomplished. The variance is a minimum variance. Again, we're not asking for the maximum amount, we're asking for a minimal amount and a reasonable amount. And, finally, that if the variance is granted, it will not have an adverse impact on the area. The impact that this variance will have is minimal, if any. We're concerned about the neighborhood. We're a merchant there. We understand that there are groups in the area that are concerned about it. They feel that the development in the Grove has really adversely impacted their residential area and it's a legitimate concern. But, we really have - the impact that we're going to cause is insignificant. Now, my client is sensitive to the area. He wants to be well accepted in the area. He's considered the impact. Although we feel that it's insignificant, we're prepared to offer, in fact, I have checks here today; a $2000 contribution towards the community - specifically for parks and for day care. I have the checks here and I'd be more than happy to deliver them to the Clerk. If we're able to develop this facility. I would appreciate some time in rebuttal. Mr. Plummer: Let's hear from the opponents. Mr. John Green: It sounds like blackmail was just offered here. Mr. Plummer: How about starting off with your name and address. Mr. Green: My name is John Green. I live at 3158 Florida Avenue within the 375 foot circle on the board there. The parking shortages and traffic congestion are major problems in and around the Coconut Grove central business district. The growth that has occurred in the area in recent years has significantly reduced the quality of life in the surrounding residential neighborhood and is placing extreme burdens on the City's abilities to provide services and enforce the laws which maintain the quality of life. While this variance request may be small, it is indicative of a much larger problem of businesses which have been operating without providing adequate parking or even the minimal parking required by the zoning ordinance. I have a letter here from the Coconut Grove Civic Club, - which Tucker Gibbs is distributing, which supports the position that I have just said. Please abide by the recosmendations of your Planning Department and the Zoning Boards and deny this appeal. Thank you. Mr. Plummr: Anybody else want to speak in opposition? If anybody also wants to speak, would you get behind Mrs. Armbruster now so we can try to expedite. Ms. Esther Mae Arsbruster: My name is Esther Vitae Armbruster. I live at 3350 Charles Avenue in Coconut Grove. At the present time, there are quite a few tall buildings on Commodore Plaza. On the corner of Charles Avenue and Main Highway- there is the Coconut Grove Playhouse. Later, in the very near future, we are planning to build a five story parking lot there which mean all these cars will be emptying into the Black area. And there's another piece of property that will be acquired by the Off -Street Parking.., 182 May 28, 1917 ■ Mr. Dawkins: Who told you there would be a five story garage there? Ms. Armbruster: Well there will be a five -story parking lot there. Mr. Dawkins: This Commission has not approved of that. Mr. Plummer: Yes, we - oh yes... Ms. Armbruster: Well, anyway - let me - OK, I'll take that back. Mr. Plummer: Yes, we did. Ms. Armbruster: There are plans. Mr. Dawkins: Thank you. Ms. Armbruster: Is that better? Mr. Dawkins: Much better. Ms. Armbruster: OK. There are plans to build a five story parking lot. Part of it may be underground and the other on top. Mr. Plummer: Well, wait, wait, wait a minute. For the record, Commissioner Dawkins, just so there's no misunderstanding, this Commission did enter into an agreement with Off -Street Parking, the Coconut Grove Playhouse and that's when they went out to an RFP for a five -story parking structure with limited retail on the ground floor. Now, that was brought before this Commission. It was approved, subject to final approval of this Commission, so I want to put that on... Mr. Dawkins: OK, I remember stating clearly that I was against anything other than parking on that site. I did not recall - I mean I don't remember an RFP going out saying that you all were going to put five stories there because I would have been in the community with Ms. Armbruster raising hell. It's just like she says, that total project will dump right into what is historical Coconut B1ackGrove and it's a shame that you people would allow the Off -Street Parking to put a five story garage there and destroy that historic community. I have no problems and I will say it again, with putting a garage there that will subsidize and help the Playhouse, but we have enough, in my opinion, commercial space in Coconut Grove, and Mrs. Armbruster, I'd like for you to call a meeting in your neighborhood where I can come and we can see if we can't marshal some support to let them know that, even though they're going to do it, we don't like it. Me. Armbruster: Right. And in the meantime... Mr. Plummer: Well, let me - Mrs. Arm... Ms. Armbruster: ... there will be little boutiques - on the Main Highway and that garage will be facing Williams Avenue and Thomas Avenue which means you will have to empty on Williams Avenue or Thomas, but you're not going to empty on Charles, because I live there. Mr. Plummer: Mrs. Armbruster, there... Ms. Armbruster: Yes. Mr. Plummer: ... there is part of the proposal... Ms. Armbruster: That's part of the proposal. Mr. Plummer: No. My... Ms. Armbruster: All right, then... Mr. Plummer: My dear, as part of the proposal, one of the things that they have made a determination that they cannot successfully dump on your streets. There is being considered at this time, a now street being opened to Grand Avenue, Us. Ambruster: Yes, I'm coming to that one. 183 Mav 28. 1987 • A Mr. Plummer: OK. Ms. Armbruster: By the way, I'm on that committee. I don't know why you put me on there. Not to shut me up because I'm not going to stop talking. Well, anyway, - there are plans on the drawing board that you eventually are going to open - widen 32nd Avenue. You are supposed - I mean on this proposal, right? Mr. Plummer: Yes. Ma, Armbruster: Then you are going to acquire the cleaners. Then you are going to acquire where the present drug store is. Then, you think that you are going to empty all this traffic on to Thomas Avenue again into the Black neighborhood. Now, on the corner of Commodore Plaza on the north side and the Main Highway, there's a monstrosity being built there. There again, you have a parking lot. They have their parking lot, I think that's in the plans. Further down on the south side of Commodore, you have another monstrosity about three stories high. What you are doing, you are closing in - or closing off the Black area. Now, if he is allowed - if he were to get a variance to go up on his store - you know, on his building, then everybody else in that same neighborhood has the same, same privilege. Which mean you are cutting off all the air, all the sunlight, all - you're cutting out everything. In the meantime, the building on Commodore that is, I guess it's almost completed, there - they have seventy-four parking lots already and the only way they can get out there is on to Thomas Avenue and Williams Avenue and there is that possibility that they may curve around the Playhouse but not come down Charles Avenue. And in the meantime, we have not given up the idea, we are not sleeping, we still are aware of Mr. Fine coming back to do your post office plaza which mean there's another five hundred cars parking spot. So you are talking about one thousand, seventy-four plus cars coming to the Black area. In the meantime, we will be - the neighbors that live directly behind Commodore and Grand Avenue, they going to be be cut off from everything. All exist and all the air; nothing but pollution and darkness. And that is why I'm up here talking about it because- there are also plans - I don't know who got them, but there are some plans going around, I don't know if you've seen them or not, on acquiring on the first ten houses on Charles Avenue - the first five houses on each side, I don't know where all this plans coming from, but there are plans in the making and somebody need to sit up and take notice and do something about all this acquisition of property in the area, because we want our neighborhood to remain the same as it is. That's all I have for the time... Mr. Dawkins: Mrs. Armbruster, we can't do anything about the acquisition because the owners sell it. But we, as Commissioners, have no right to sit here and change the zoning from single family. Ms. Armbruster: Right. Mr. Dawkins: So if an individual spends a half a million dollars for a piece of property speculating and it's zoned for R-1, then this Commission should make him put another R-1 building there. Ms. Armbruster: That is what is happening on Williams Avenue there. They did not destroy the apartments so since they found out they could not put - didn't want to put single families - they had to repair those that are there. But we do not want all those buildings and addition put on Commodore. Thank you. Mayor Suarez: Thank you, Mrs. Armbruster. Mr. Plummer: Does anybody else want to speak? Mayor Suarez: Anyone also that wishes to be heard on this item? Go ahead, sir. And then Ted. Mr. Michael Marmesh: My name is Michael Marmesh. That business at 3200 Grand Avenue, - which is right on the corner there, why is that colored red? Mayor Suarez: Why is it red? Mr. Marmesh: know about? Yes# why - is there something going on with our business I don't 184 May 20 # 1"? • A Mr. Plummer: Yes, it says you oppose the application. Mr. Marmesh: Yes, OK, well, I'm here to oppose it because there isn't - it doesn't provide for any parking. Parking in that area, as you well know if you've been down there, is terrible as it is. I just want to come and state my opposition. Mayor Suarez: There's no implication with the red about your political ideology whatsoever, just.:. Mr. Marmesh: OK. Well, I just got here and I see us colored in and I was just a little worried. Mr. Plummer: Red means you're mad. Mr. Marmesh% Then this isn't the only thing but I'll be back later. OK, thank you. Mayor Suarez: Ted. Mr. Ted Stahl: My name is Ted Stahl of Ted Stahl Interiors. I own 3120 Commodore Plaza. I'm in the middle of the block on the side that this gentleman is requesting for his two story. Nov, I've lived here in the Grove and I'm a fighter against high-rise construction, as all of you know. And, for the first time, I have to be on his side based on what has happened in the Coconut Grove area. Now, here comes a man that has bought a small piece of property. He has paid top dollar for that property. The reason he has paid top dollar for the property is because what has happened on this street of the high-rise construction that the zoning and the Commissioners over the years have allowed. He has paid an awful lot of money. He will never get his revenue back if he doesn't go to a second story and he will never even be able to pay the taxes that if he's allowed on one story. The point here is, what this man is asking for is so little compared to what you people have allowed on this block. We have five story high-rise commercial buildings that have been allowed on this street where there is sufficient parking in these five story buildings for an average of twenty to twenty five cars when there are a hundred employees in these buildings. And these variances have been switched and turned and changed with variance saying, well, we can go to the Coconut Grove Playhouse and you get forty spaces you can build your five story building, because you don't have enough facilities in this hi -rise. And here's a man that needs three parking spaces. Three parking spaces and he's been turned down. And, I'm usually on the opposite side here fighting, but this man is not making any drastic changes on this street. And, as far as I'm concerned, the merchants are concerned, the pedestrians and the tourists that I talk to all the time, is this is the height that you should have allowed all the time never to go beyond. And I'm here supporting this man because this is what we should have had all along in this community - two stories. Our taxes wouldn't have skyrocketed, the value of our property wouldn't gone up, we would not have this serious parking problem we have. And the other thing is, the high-rise buildings that you have allowed, we had two marvelous alleyways on both sides of Commodore Plaza over the years that have taken away from the beer trucks, the delivery trucks. The City has allowed this new construction to be built so close to the property line of these alleys, that these alleys can no longer be used. So this man is not taking away from any delivery situation because all the deliveries now are made on Commodore Plaza. They are not made on these alleys because the trucks cannot go down the alleys. And the people that have these two story buildings and one story buildings that have been there for years, cannot even get their trucks in to park behind the facilities where they originally had parking because of the property. And when - someday that this Playhouse is built and this parking, I hope the City recognizes that at least two feet should be donated to this alley on the opposite side that the same mistake is not made because once this Playhouse is built up, none of these five story buildings that you've allowed for access - for automobiles to deliver, will ever be able to gat down that alley. And I think this is a very important fact, whatever you vote. but I do feel this man, for the first time, that I must say as a property owner, should be allowed to build his two story building because he's not, in any way, causing problems compared to what has already been caused, Thank you. Mayor Suarez: And you're pot paid for your appearance here today? l8� way lA, 1447 Mr. Stahl: No, sir, and I'll be back. Mayor Suarez: OK, Ted, all right. There was a statement made into the record about a contribution of some sort. I just want to clarify that that is always appreciated but but does not play a part in our consideration. Anything - anyone else? Commissioners? Mr. Helfman: Mr. Mayor, just in summary. Mayor Suarez: Oh, the rebuttal, that's right. At your own risk, Steve. Mr. Helfman: The opposition has raised many issues, but none of them relate to our property. There was not one comment that related to our property. We are in a unique situation. We are not going to have an adverse impact on this area. Whether the post office project or the Playhouse has an adverse impact is unrelated to the decision here. This is a minor variance for 1500 square feet and we'd appreciate your vote. Thank you. Mayor Suarez: Rebuttal to rebuttal. I don't even know if that's technically required or allowed. See, we're really not supposed to have rebuttal to rebuttal and, believe me... He. Armbruster: This is nobody is doing the talking but me right now. All I'm saying is I'm glad the young man, Mr. Stahl, or whatever his name is, I am glad that he said that the tourists agree with him about the buildings. They don't live there. They just come in and do their thing and then go out and live in the suburbs where it's nice and cool; no pollution, nothing but poolaide fun and that sort of thing. Thank you. Mayor Suarez: OK, Commissioners. Will it die for lack of interest? Mr. Plummer: Let me ask this question. You said you approached the Off - Street Parking Authority about three parking spaces over there and the only thing that they said was that they couldn't give you more than a monthly guarantee. Is that correct? Mr. Helfman: That's correct. They would give it to us on a month to month basis. That that's all they could guarantee because they unsure of the future of that site. We can acquire parking there. We've been able to acquire parking on a month to month basis at the Mayfair. We have done an exhaustive search of this entire business area to try to find three spaces, but, unfortunately, those at the Mayfair fall outside of the 600 feet required by the code. Mr. Stahl: Mr. Plummer, I'm on the Off -Street Parking Association. Maybe I'd be able to clarify you. At one time, they were giving year rental spaces for all these high-rises. They have now decided to develop this property for high-rise parking garage so - they've already - sent out the bids and they've got people interested in planning this parking space. So they can't emit themselves to a year because if they should start in the middle of the year, then they will have problems with those that they have already offered. So what they're doing is, they're going month by month by month. That's the reason, but all the spaces that have been given to all these variance changes over the last years, these high-rises. They're all going to disappear. They're going to stop when that building starts and there is no law that states that the required persons that have taken these parking spaces to get their variance changes ever have to come back and take those spaces after that building has been built. Mr. Pierces But... Mr. Plummers What? Mr. Pierce: The moment that parking lot shuts down and they no longer have that required parking available, we do have the authority, under the City code, right now, to pull C.O.s. Hr. Plummer: Yes, but you see, here's the point, I don't think they want to E.. -come go on that "if." Mr. Stahl Mow can you pull a C.O. when the buildings been built I've heard that... w ISO fey 20 1987 R 1_'Ii,401 Mr. Plummer: All right, the "if -come" there is, is if they lose the parking spaces, you pull the Certificate of Occupancy. And, you know, that's like, here's my jugular vein, how sharp is your knife? Mr. Stahl: We brought that up some time ago what you're saying... Mr. Plummer: Yes, well, that's what... Mr. Stahl: How do you take a C.O. away from a five or ten million dollar building constructed? Mr. Plummer: Well, I don't think fifteen hundred feet is going to be five or ten million dollars. Mr. Stahl: No, I'm talking about what already has been given, Mr. Plummer. Mr. Plummer: Yes. Mr. Helfman: Vice -Mayor, we're certainly willing to maintain a month to month permit for three spaces. Mr. Plummer: That's not the point. The point is that they are definitely planning on building a structure on that lot. And the day that they commence construction, that lots not going to be available. That's my problem. Mr. Helfman: We would be willing to lease them at the Mayfair which has been offered to us also during that interim period. We understand they did. Mr. Plummer: Well, I'll tell you what I'm willing to do. Now, I don't know if you can work it out but I mean, it's - here again, it's the jugular vein, ok. I'm willing to approve it, and I am going to go one space more that you have to rent four spaces and if the day comes, I would allow you to go to Mayfair, I have no problem with that, but you must maintain four parking spaces, and if the day comes that you lose them, then you lose your C.O. I don't know what else I could do to help you. Mr. Plummer: And that's... you know, I don't know how else to help you. Mr. Helfman: That's acceptable to my client. Mr. Plummer: You understand the consequences? Mr. Helfman: Yes, he does. Mr. Plummer: I then move item 4, based on a condition that says that they must maintain and identify four parking spaces in the general proximity at all times, or you lose your C.O. on the second floor. I so move. Mayor Suarez: So moved. I second. Mr. Dawkins: It has been moved and seconded. Joe, you are the senior member? Mr. Carollo: There is a motion, there is a second. Is there any further discussion? Hearing none, will you call the roll, Madam Clerk. MOTION FAILED THEREUPON, UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY MAYOR SUAREZ, MOTION FAILED BY THE FOLLOWING VOTE OF THE COMMISSION: AYES: Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo CoMissioner Miller J. Dawkins Commissioner Rosario Kennedy ABSENT: None. 107 Nay 484 lPIl DURING ROLL CALL: Mrs. Kennedy: 1 really appreciate your contribution and all your efforts, but I am going to stick to all the Boards recommendations and vote no. Mr. Dawkins: What is the vote so far? Mr. Carollo: Two and one. You want to put me in a spot, huh? Mr. Plummer: The wisdom of Solomon! Mr. Dawkins: It has been said up here that he is not asking for any more than what has already been done, but that is our problem, attempting to stop what has already been done, and I am pretty sure that when this land was purchased, it was obviously told to them what you can do with it and what you can't do with it, and I say that about every piece of property that is being purchased. You know what you can do with it, and when you purchase it, you come before the Commission looking for variances to do more, so therefore, since you knew what you could do with it when it purchased it, I would have to vote with the citizens and vote no. Mr. Carollo: Ok. Two -two, right? Mr. Dawkins: Yes, you are the swing vote, Joe. You bat one thousand now. Mr. Carollo: Yes, I am going to swing. I am going to vote to uphold the Zoning Board and the Planning Department's recommendation. 44. CONTINUE APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW OFFICE BUILDING AT APPROXIMATELY 3250 S. DIXIE AND 3271-91 W. TRADE AVENUE (See label #42) Mayor Suarez: OK, let's do PZ-3, and then we will do 21 and 22 and then we will do 25 and we will go back to the regular. Mr. Harold Horowitz: I have signed the appropriate papers for the Commission. Mayor Suarez: This Deidre's... Mr. Horowitz: Deidre's Grove, PZ-3. Mr. Olmedillo: PZ-3, which is an appeal by the applicant over denial of variances for height, parking and loading areas. Mr. Horowitz: This was for the application which was denied by the Zoning Board on a five story office building. The address is 3250 South Dixie Highway and because it is so unique and so different, it is a triangle in the middle of street, it is also 3271... PZ-3, Commissioner Carollo. It is also 3271 through 3291 West Trade. You see the blowup over there. I have for the Commission a blowup of the lots in question. As you can see, this is a unique triangle of a lot, which is unique, along South Dixie Highway, and many of us have seen this. This particular lot has been owned, this application before the Commission is not for speculation, for lease option or purchase. It was previously owned by Bobby Dykes for these twenty years, and it is still in the family. He gave it to his daughter, who has this corporation, Deidre's Grove, so I want the Commission to know that this is not for speculation or lease option. It is unique in that what we are asking for is the variance, because It does present, we think, a very unique hardship, and the hardship is, the triangular shaped lot. We understand that the ordinance for a height of 40 feat, we are asking for 52 feet; the ordinance provides for 29 parking spaces. We have twenty-one, so I want the Commission to be aware of that, but what we have here is: the yellow outlines, if you want to say the floor area ratio. This is V.S. 1, here, or South Dixie Highway. On the triangular, we have approximately 35,450 feet, but what happens because of South Dixie Highway, and because then we have the dedication along the triangle, along South Dixie, and along West Trade, and then we have the setback and then we have the landscaping requirements. We have reduced the actual building area of this particular applicant by a third, -and we would like to put a beautiful office building here, which we think would enhance the attractiveness of the approach ISO Maw 49_ IGAT to this highway, and enhance the tax base for Miami. i will show you exactly what I am talking about. First I will show you a rendering to show that right now, the lot is so situated, there is an old building on it now, and we'd like to improve the quality along South Dixie Highway. Here is a rendering of the building as proposed. As you see, this is the triangular lot here. It is a very narrow triangular lot, with the proposed landscaping, the setbacks and the dedication as required by the ordinance, with an outside elevator. I think that is beautiful. If you are heading north on South Dixie Highway, you would see this outside elevator and you would see the view from the Metrorail and all tourists in the area would see this. It is a beautiful building. The problem is, on such an acute triangle, if you were to make a parking lot, you cannot go around and have lots going up or down. You don't have the required amount of area to make a turn. If we had a square shaped lot, then we could do this. Unfortunately, this is the way it was platted in the City, this is how we would like to enhance the lot, enhance the City, and unfortunately we can't get all the spaces and we are eight spaces short, but not really. I wanted you to see the rendering and see that it enhances the lot. I'm going to show you the surrounding area, so you will know what I am talking about. With respect to the height, here this green represents the triangle area in question and this is the South Dixie Highway. You will note that it is almost in between the Metrorail stations, and of course, instead of having that decay, the piece of property which it is now, we thought that it is appropriate one to enhance the site, but to utilize the Metrorail systems which serves all of South Dixie Highway, or a great deal of South Dixie Highway, from Kendall, on north. I've walked the distance from the Coconut Grove station, and I took a slow walk because I took my wife, and I walked from Metro Douglas station and it is a five to eight minute walk, depending if you talk, or what not. Underneath the Metrorail station, by the way, is a walkway designated for people to walk on, so they won't be walking on the highway. It is a Metrorail station. I assume that is why they did that, for people to use that, and the reason why Metrorail was built was for people to get to and from work. Directly in back of the subject property is a six -story building. We only have a five story building. That six -story building is a H.U.D. building. Approximately a block and a half away, or two blocks away, is another six story building. Now, what I am showing is that we are not out of sync with what is happening. Over here is the Grove Plaza, I think, Mayor Suarez, your office is there, that is a seven story building. Here we have other seven story buildings on South Dixie Highway, this yellow shows you, that is where the Zayre, Pantry Pride shopping area is, to show you why there is no office buildings, because that is a commercial area, a shopping area, and they usually build high-rises, but I wanted to show you what is consistent in the area and what we can use to walk. Now, I want to express something to you. What we have done, and we are willing to do, and I expressed this to the City's personnel, is several things. One, we have tried to get off-street parking all around the area. We have been unsuccessful because we understand, in H.U.D., you waive certain parking requirements for the H.U.D. facilities, and we understand that, and we understand the purpose of the H.U.D., and the other H.U.D. buildings here. What we did do, however, is if people were going to use the Metrorail station, of course, they would get off and walk, but we also obtained, and that is in the files, six additional spaces here at the Boy's Club of Miami, which would be no more of a walk, literally across the street, than if they were to take the Metrorail station, and Metrorail, of course, serves both sides of South Dixie Highway. That first rendering what I showed you was one story more than actually is. This is the actual rendering, four stories, or one story of parking. What we did, we had a ramp coming in on a half a turn, because that is the only way we can do it because of the triangle, you just can't make a full turn. We have a parking space underneath, and a second floor, which is ground level here, for additional parking spaces, but we can't make another one, because we can't go up, this ramp just can't turn, can't do that. If we made the building any shorter, it would not be economically feasible, and the land would lay waste, and I don't the Commission wants that. What also the applicants have agreed to do, accomodate and I expressed this also, is that they will designate to the tenants, that certain tenants, each space, or each office there will have only, a certain amount of parking, and no other people will be allowed to park there, except people visiting. All other people, we will expressly say in our leases, cannot use the parking facilities, because we understand we are short some, and we expressing that to the Commission, but to use the Hetrorail, which we have agreed to do and the owners have agreed to do is provide.a shuttle from the !Metrorail station in the morning, for the people coming to the office building and a shuttle in the afternoon, when they go back, though if they want it and they leave early, it is only a five to eight minute walk, 189 may 28, 1967 And I think that that is accommodating to everybody, and plus, now, if we had the six spaces at the Boy's Club, which is just across the street, 1 think we are only one short of required parking spaces. Basically, I think that is it. I just wanted the Commission to be aware that the hardship here is that the acute triangle makes it... it is unique, and you look all along that area, there are no other lots shaped like this one, and if there is no variance that can be given, the lot will lay waste, and it won't enhance the City at all, and we would like to enhance the City and we would also like to make a profit too. Mayor Suarez: Anyone who wishes to be heard for or against this item, other than what we have heard? PZ-3. Mr. Dawkins: What's the recommendation of staff? Mr. Olmedillo: Denial, sir. Mr. Plummer: Well... Mr. Olmedillo: The recommendation of staff is denial. Mr. Plummer: Yes, OK. There is no question in my mind that this absolutely qualifies as a hardship piece of property, I mean, the shape of it. There is just no question of... what do you mean, no? Mr. Pierce: Because he has a... by the zoning ordinance, he is granted reasonable us of the property. Mr. Plummer: Walter... Mr. Pierces Mr. Plummer, let me finish, sir. There are all the development criteria in the zoning ordinance, F.A.R., height, yard, lot coverage, all of those things have to play together to tell you what you can build by maximum. F.A.R. is not the only criteria. Mr. Plummer: It is definitely an irregular shaped piece of property. Mr. Pierce: Absolutely, sir, and we have said... Mr. Plummer: OK, now let me address the other, if you will let me get to it. Mr. Pierce: I wanted to... he can go higher, if he wants to. Mr. Plummer: He can go higher? Mr. Pierce: We have never objected to height. There are higher buildings along that street right now. If he wanted to go up another couple of stories to accommodate on -site parking, but we sincerely... Mr. Plummer: But he is saying he can't do it. Are you saying that it is possible to be done? Mr. Pierce: At what cost is the question. If he is talking economic feasibility, that is going to make... Mr. Plummer: No, he is saying that the ramp will not accommodate. Mr. Pierce: That hasn't been demonstrated to us. Mr. Plummer: Well then, I will give him that right. We'll defer it. Mr. Pierce: Fine, sir. Mr. Horowitz: It cannot be done. The turns... there is 15 feet requirement for turns, because the building is on the wide part of the triangle, to have the turn, you just can't do it. Mr. Plummer: Sir, look, our people say they think it can be done. I am telling you, as it stands right now, you are going to take a loss. I suggest strongly to you, sir, that you let them prove to you it can be done. Mr. Pierce: Or let him prove to us that it can't be done, sir. 190 Noy 28, 1987 Mr, Plummer: OK, whatever. Is the glass half full or half empty? Mayor Suarez: The burden of proof shifts. Mr. Pierce: Yes, but they pay their architects and... Mr. Plummer: Fine! All right, I move, Mr. Mayor, that this matter be deferred to the Planning Department. If there is no objection to going an additional floor and putting in additional parking, then maybe that is in fact the answer, and as far as I am concerned, let's see what's the story. If you don't, hey, you want a motion now, I'll make that one also. Mayor Suarez: So moved. Mrs. Kennedy: I second. Mayor Suarez: Seconded, the first of the two. Mr. Dawkins: Discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Where will the traffic empty? Into 27th Avenue, or West Trade Avenue? Mr. Plummer: 27th Avenue, or 32nd? Mr. Dawkins% I mean, U.S. 1, I am sorry... U.S. 1. Mr. Horowitz: Where is Fernandez? Where would it empty? Mr. Plummer: I'll tell you, if I was in that yard, I wouldn't want to dump into Dixie. Mr. Olmedillo: I'd have to look at the plans that they have. Mr. Horowitz: Where does it empty? UNIDENTIFIED SPEAKER: West Trade. Mr. Horowitz: It empties on West Trade. Mr. Dawkins: West Trade?... and entrance? Mr. Horowitz: Yes. On South Dixie Highway it is too busy, it will be congesting, so we thought West Trade would be the better. Mayor Suarez: We would tend to agree with that. Any further discussion? Call the roll. Mr. Pierce: Mr. Mayor, just one moment, air. Could you make it a continuance to a certain date? And I also want to point out that if they do there is a decision that they make to ask for higher heights, then it is going to have to be renoticed, so that it... Mayor Suarez: OK, follow all the formalities that are necessary... Mr. Pierce: I would suggest continuance for two months. Mayor Suarez: ... and we are going to have to do it for two months, yes. Mr. Plummers Well, let's put it this way. We will continue it for one month, well, I was going to say, one month now, if you are able to demonstrate that you can put another floor of parking, then continue it to the second month, but if you can't do it, and it is proven that it can't be done, bring it back In the one month. Mayor Suarez: But, we have to continue it to a definite time? Mr. Pierces We Mould continue it to the June 25th Commission meeting. E Mr. Plummer: Yes. Mr. Dawkins: Oh, by the way, I'd like to schedule for the June... I'm sorry, go ahead. Mayor Suarez: OK, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-512 A MOTION CONTINUING TO THE MEETING OF JUNE 25, 1987, CONSIDERATION OF APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW CONSTRUCTION OF OFFICE BUILDING AT APPROXIMATELY 3250 S. DIXIE HIGHWAY AND APPROXIMATELY 3271-91 WEST TRADE AVENUE; FURTHER DIRECTING THAT THE ONUS IS ON APPLICANT TO PROVE TO THE PLANNING DEPARTMENT THAT HE CANNOT BUILD AN ADDITIONAL FLOOR OF PARKING ON SAID PROPERTY. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Horowitz: I am sorry, just for clarification, does the Commission want the applicant to prove, or disprove, that we can or cannot do it... Mr. Plummer: Well, sir, you heard what they said. You have got to show them, or prove to them that it can't be done. Mr. Horowitz: OK, or attempt to make it a different... Mr. Plummer: Well, I think if you are smart, I wouldn't waste my time on that, I'd try to find a way that it can be done, because I think you are a winner with it. I think you are serious trouble without it. NOTE FOR THE RECORD: SCHEDULE PUBLIC HEARING ON JUNE 25 TO DISCUSS A FIVE STORY BUILDING ON THE COCONUT GROVE PLAYHOUSE. 45. FIRST READING ORDINANCE: CHANGE DESIGNATION AT 5811-37 NORTH MIAMI AVENUE FROM LOW -MODERATE DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE. Mayor Suarez: Item 21, let's see if we can go through it. Ms. Sara Eaton: Mr. Mayor and members of the Commission, Sara Baton, representing the Planning Department. Items 21 and 22 are companion items. One is an amendment to the comprehensive plan, the second In the mania& text amendment. Villa Paula was designated by the City Commission in June of 1983. At this point, we are recommending a change of use from residential to professional office, in order to insure the preservation of this building. We are also recommending that the adjacent lot be included in order to provide... Mr, Plummer: Is there anybody here in opposition? Did anyone... 192 may 26, 1987 0 Mayor Suarez: Does anyone wish to be heard against this application? Mr. Plummer: 21, and I move PZ-21. Mayor Suarez: Let the record reflect no one came forward. Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 5811-37 NORTH MIAMI AVENUE (VILLA PAULA) (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL USE TO RESIDENTIAL OFFICE USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 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. 46. FIRST READING ORDINANCE: CHANGE ATLAS FROM HC-1 TO HC-3 AT 5811-37 NORTH MIAMI AVENUE. Mr. Plummer: I move PZ-22. Mr. Carollo: We stated to the Silver Bluff Homeowners' Association that... Mr. Plummer: That's after this one. Mayor Suarez: We are doing it right now, right after this. Item 22, the companion item, moved. Mr. Plummer: I move it. Mr. Dawkins: Second. layor Suarez: Seconded. Any aiscussion7 Tnis is an ordinance. 193 gay 20, 1987 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, REMOVING THE HC-1; GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT AND INSERTING THE HC-3; RESIDENTIAL -OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT, WHILE RETAINING THE UNDERLYING ZONING DESIGNATIONS; TO THE AREA GENERALLY BOUNDED BY 5811-37 NORTH MIAMI AVENUE (VILLA PAULA) (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 13 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 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. ----------------------------------------------------------------------------- 47. A. COMMENCE CONDEMNATION PROCEEDINGS FOR PROPERTY AT S.W. 20 AVE. AND 24 TERR. FOR USE AS PARK; ADMINISTRATION TO FOLLOW UP EVERY 30-60 DAYS; SILVER BLUFF HOMEOWNERS TO POSSIBLY MAINTAIN PARK. B. PROPERTY DESIGNATED FOR PARK AT S.W. 2ND AVE. AND 24 TERR. TO BE NAMED AFTER FORMER MAYOR BILL WALFARTH. Mayor Suarez: Agenda item 25 from the regular agenda, that's the one. This would rightfully be taken before Planning and Zoning anyhow. It is just that they expected to be heard at 6:00 p.m., for some reason I am not sure about. Guess we promised that to them, right? Mr. Plummer: Mr. Mayor, if I can, I'd like to short-circuit this thing. Mayor Suarez: Well, please... Mr. Plummer: I'd like to make a motion at this time that this City start immediate condemnation proceedings to acquire this property for a park, period. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded, thirded. Mr. Plummer: Now, the only thing I want to talk about is, that if we do acquire this property, there has been some proffer, or conversation about the homeowners would maintain the park. That is a problem. Now, you know, is that still a viable situation? Mr. Arsenio Milian: Commissioner, I heard about this this morning, but I'm sure the Homeowner's Association will be willing to consider that possibility if that would solve the problem. Mrs. Kennedy: Arsenio, excuse me, please state your name for the record. 194 Msy 28, 1411 Mr. Milian: I'm sorry, for the record, my name is Arsenio Milian and I live on 2657 S.W. 23rd Street and I represent... I am here on behalf of the Silver Bluff Homeowner's Association. Mayor Suarez: And you are not being paid your usual high wages for your appearance here today? Mr. Milian: No, sir, no. I think if that is a concern, the maintenance of the park itself, I think that is something that the homeowner's association would be willing to consider, and even if it is necessary to even consider the possibility of a taxing district to maintain the... Mr. Plummer: Forget that, OK? That is too arduous a process to go through. Volunteer would be much, much better. Mr. Milian: Well, I can volunteer myself. I am sure there are a number of them that can volunteer. Mr. Plummer: Look, the condemnation proceedings is not going to happen overnight, let's understand that. You first try to go and negotiate for the sale. The City has now indicated they want to buy, OK? Now, that is usually what they call, as you know, an easy taking, or a friendly taking. If the owner does not agree to that, then you have got to go through the legal process, which is a condemnation, to prove the need, justify all of that, and It does get expensive. So, I would say to you, that you go back to the group that you represent between now and when you come back for an update and I would call for an update from the Administration within 60 days, OK? And at that time, you come back before this Commission and indicate to this Commission what the homeowners are willing to do as far as maintaining the park, OK? Mr. Milian: OK, I think that is fair enough. Mr. Dawkins: And if they can't maintain it totally, I am sure that the City... we subsidize everything else, we may as well subsidize the neighbors and help with the park. Mr. Plummer: Well, Miller, that is very true, but here again, there was proffering that they wanted to do that. They wanted to be involved. Mr. Dawkins: By involved, what they are saying, J.L., that they are going to be sure that it is up kept and used properly, I mean, I agree with them... Mrs. Kennedy: That's right. Mr. Plummer: Fine. Mr. Dawkins: ... but I don't want them stuck with the total... Mr. Carollo: I have a question of the City Attorney. I am in all in favor of making a park on the property; however, I want the City Attorney to explain for us, for the record, publicly, certain aspects that have come to my attention. It is my understanding that the original owner of this property, since this whole process started, sold some of the property involved to some corporation. I'm not sure who owns it, if he is involved, or friends of his, or somebody else, but anyway, the amount that he sold the property to the corporation vas for an excessive amount over of what he paid for the property originally, and since I know for a fact that there have been people discussing this privately with him, before the property was sold, I want to make sure that this is not done to try to make a buck from the City of Miami, once we go out to take the property for a park. Mrs. Dougherty: I don't know about the subsequent transaction you may be talking about. I believe that Mr. Barrero paid around $525,000 for the three lots. Mr. Carollo: That In my understanding. Mayor Suarez: That includes that one building. Mrs. Daugherty: That includes all the property, all six lots, yes. 195 Noy 2$0 1907 1 0 0 Mr. Milian: It is my understanding that... Mayor Suarez: Right, that is much bigger than the property we are talking about, right? Mr. Milian: My understanding is that he did make a transaction. He sold the property to a separate corporation for a higher value than that. Mrs. Dougherty: But we intend to include all... we are not just going to buy the one piece of property, we are going to buy it all for a park. Mr. Milian: Buy it all. We are talking about the entire... Mr. Carollo: Right, but the property that he sold, what did he sell it for, you have it there, Arsenio? Mr. Milian: I don't have it. I don't have it, I have the assessments of the property, which was included in there, but I don't have that information. I am aware that he sold the property to a different corporation, which is his own. Mr. Plummer: Yes, but you know, you are also going to, when you stop and think and you all have been in this for a hell of a long time, but you know, there are people living in that one unit... Mr. Milian: Correct. Mr. Plummer: ... and when you start relocating people, you don't do that overnight, but here again, I think this Commission is now on record by this motion that it is our intent and desire to purchase this parcel and that at least gets you started and that will give the Administration the right to go and select appraisers to do the appraisals which is another one of the steps that have to be done and all we are doing is just starting it in action today. Hopefully, hopefully, there can be a negotiation and a friendly take. Mr. Milian: OK, Commissioner, with all due respect, I want to point out the fact that the same kind of a motion was passed in 1985, directing the City Attorney and the City Manager to take whatever necessary steps were necessary to buy the property or to use eminent domain, and we here two years afterwards, still suffering the same deterioration of the quality of life in that neighborhood. Mr. Plummer: And you know why you are here and I can't sit here an guarantee you it won't happen again. It was the legality of the courts and all of that process and that is something, you know we don't control the courts, OK? I would hope that could be avoided, but at that particular time, we did not say to the Administration, we are now on record that we want to own it. I think that is a big difference this than the last time. Mayor Suarez: We have a motion and a second. Any further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-513 A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY COMMENCE CONDEMNATION PROCEEDINGS FOR ACQUISITION OF PROPERTY LOCATED AT S.W. 20 AVENUE AND 24 TERRACE FOR USE AS A PARKI FURTHER INSTRUCTING THE CITY MANAGER TO BRING THIS ISSUE. BACK AT THE COMMISSION MEETING OF JULY 23, 1987 FOR FURTHER REVIEW BY THE CITY COMMISSION WITH PERIODIC UPDATES BEFORE THE CITY COMMISSION AT INTERVALS OF 30-60 DAYS THEREAFTER1 FURTHER INSTRUCTING THE CITY MANAGER TO OBTAIN APPRAISALS FOR SAID PROPERTY; AND FURTHER REQUESTING THAT REPRESENTATIVES OF THE SILVER SLUFF HOMEQti M ASSOCIATION COME BACK ON JULY 23RD TO DISCUSS THB POSSIBILITY OF THEIR MAINTAINING THE PARK. oA W.- 4!! I a„ Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Now, that motion carried with it Mr. Manager, an updating, it is 60 days. I would like to hear from the Administration, invite these people back on the meeting of July 23 to give them and us an update of where this thing is at that particular time, and I would hope every 30 or 60 days thereafter, we would do the same. Mr. halter Pierce: Does the motion include the authorization to spend money for the appraisers? Mr. Plummer: Yes, sir, it sure does. Mr. Pierce: OK. UNIDENTIFIED SPEAKER: Is that all lots 7, 8, 9, 10, 11, 12... Mr. Plummer: Whatever is commonly known as the Golden Arms. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Pierce: No, no. Mr. Plummer: What are the lots 9 and 8 and 77 Mr. Pierce: 8 and 9 are the Golden Arms. Mr. Plummer: 8 and 9 are the Golden Arms. Mr. Milian: The lots that are owned by Mr. Barrero at this time, is lots 8, 9, 10, and 18, 19 and... Mr. Pierce: Those five lots. Mr. Milian: And lot number 7, supposedly is his property, but when we went to the property records, it is still under the name of the former owner, who is Philip Warner, but I believe it is still his property. Mr. Plummer: Well, let me tell you what my fear is about doing that. Your maps in which you hope to do, and I think we would like to do, is to make that entire corner a park. Mr. Milian: If possible. Mr. Plummer: Now, keep in the back of your mind the one factor that could kill this project is cost of acquiring, OK? That could kill it. Now, every time you add one more parcel, you are adding one more cost factor. Now, I would say, Mr. Manager, when you do your appraisals, include 7, OK?... if it is under the same ownership, but here again, I think the bottom line, when you come in with your appraisals, are going to be what this Commission feels that we can afford. Mr. Milian: Certainly. Mr. Plummer: Well, you say certainly. Mr. Milian: I think we realize the... Mr. Plummer: How much money is available... Mr. Milian: 8xactly. 197 MAY 20 v 1"T r f Mr. Plummer: ... and we might not be able to take 7... Mr. Carollo: All the lots... Mr. Plummer: ... to save all of the rest. Mr. Carollo: All the lots that are there are single family homes. They are all what, between 50 and 110, 115 feet? UNIDENTIFIED SPEAKER: This lot here is 60 feet. Every... all these other lots are 100 feet in width and they are 157 feet deep, the ones that face 24 Street; they are 143 feet deep, the ones that face 24 Terrace. Mr. Carollo: They are 100 feet wide? UNIDENTIFIED SPEAKER: No, they are 50 foot wide. Mr. Milian: 50 foot wide. Mr. Plummer: 50 foot. Mr. Carollo: 50 foot, OK, that is more like it. 50, and one is 60 feet wide, you said. UNIDENTIFIED SPEAKER: The corner, the two that face... that are on the avenue are 60 feet. .Mr. Carollo: I don't see any lot there that should be worth more than $60,000, just for the raw land. Mr. Milian: No way, not even that. Mr. Carollo: I'd say on the raw land alone. Mr. Milian: On the raw land. The lots that are on the corner, the four lots, 11, 12, 16 and 17, those lots are just plain lots. I mean, they are raw land and I just don't see how they could cost more than $35,000. Mr. Carollo: Well, I really don't foresee any proble,�-,s in us being able to afford all of them. Mr. Milian: Right. Mr. Carollo: You are only talking about, actually, $300,000. Mr. Plummer: We will see you on July 23rd. Mayor Suarez: Did we vote on it? Mr. Milian: Commissioner, there is only one other item that we wanted to sake sure that it was brought to your attention, and they are reminding me. We Mould like to see, if the park is finally come to a successful conclusion, that it be named after a former mayor of the City of Miami, Bill Walfarth, who Is actually a neighbor of that site adjacent to the park and who has been fighting this battle for a long time. Mr. Carollo: Very much so. Mr. Milian: Thank you. Mr. Carollo: In fact, I make a motion now that once we acquire this land to make it an official park, that we name it after Bill. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Any discussion? Cali the roll. 190 May 292 1967 The following motion was introduced by Commissioner Carollo, who moved Its adoption: MOTION NO. 87-514 A MOTION OF THE CITY COMMISSON STATING THAT ONCE PROPERTY LOCATED AT APPROXIMATELY S.W. 20 AVENUE AND 24 TERRACE IS ACQUIRED AND DESIGNATED FOR PARK USE, SAID PROPERTY SHALL BE NAMED AFTER FORMER CITY OF MIAMI MAYOR BILL WALFARTH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 48. APPROVE IN PRINCIPLE THE DOWNTOWN WATERFRONT MASTER PLAN FOR AREA FROM PORT BOULEVARD TO I-395, BETWEEN BISCAYNE BAY AND BISCAYNE BOULEVARD (See label #50) Mayor Suarez: PZ-7. Mr. Plummer: Carlos, you were excellent. Mrs. Kennedy: You have been very eloquent. UNIDENTIFIED SPEAKER: You didn't give me a chance. Mr. Plummer: Thank God! Mayor Suarez: is pretty familiar with all of this. Mr. Jack Luft: Mr. Mayor and members of the Commission,.my name is Jack Luft. We are here to present the Bayfront Park plan. Mayor Suarez: Jack, everybody is pretty familiar with this. Mr. Luft: I'd like to put on the record that the plan was reviewed by the Shoreline Development Review Committee of Dade County and that I have a resolution here from the Shoreline Development Review Committee I'd like to place on the record with the City Clerk. It was a resolution of approval from that committee and we are here in answer question you may have about the plan. Mr. Carollo: So moved. Mr. Dawkins: Second. Mayor Suarez: Moved, seconded, thirded. Mr. Plummer: Wait, vaitl Where is the plan? Mr. Dawkins: Didn't you take the plan to your office, sir? Mr. Plummer: Is that the bicentennial? Mayor Suarez: Just to clarify... Mr. Plummer: That's all right, it approved in principle. 199 Mayor Suarez: Yes, Jack, there is no indication so far where the money might come from to do any of this. UNIDENTIFIED SPEAKER: (OFF MIKE) Now, the first question was what should we do? Mayor Suarez: I understand that, all right, OK, call the roil. Mrs. Kennedy: One thing at a time. UNIDENTIFIED SPEAKER: (OFF MIKE) Maybe you'll have some direction..... The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-515 A RESOLUTION APPROVING, IN PRINCIPLE, OF THE DOWNTOWN WATERFRONT MASTER PLAN (APRIL 1987, A COPY OF WHICH IS ATTACHED HERETO AND MADE PART HEREOF) FOR THE AREA FROM PORT BOULEVARD TO I-395, BETWEEN BISCAYNE BAY AND BISCAYNE BOULEVARD, INCLUDING RECOMMENDATIONS FOR DEVELOPMENT, OPEN SPACE, MODIFIED RIGHTS -OF -WAY, PARKING FACILITIES, PEDESTRIAN OVERPASSES, BEAUTIFICATION, SPECIAL FEATURES, SPECIAL EVENTS AND WATERFRONT IMPROVEMENTS, WHICH PLAN IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (SEPTEMBER, 1985). (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez i NOES: None. ABSENT: None. Mayor Suarez: We will point you to the rainbow and see if there is a treasure at the end of it. Mr. Dawkins: Mr. Luft, who did this? Mr. Luft: The principal planner on that report was Anna Gelabert, here to my right, and I assisted her. Mr. Dawkins: In my opinion, this is professionally done. Mrs. Kennedy: It is very nicely done. Mr. Dawkins: But, yet tell me this morning they are going to hire somebody, 460,000, because we don't have anybody professionally who can do this. Mr. Plummer: Was this done in house? Mr. Luft: Yes, sir, written by us and, printed by Harry. Mr. Dawkins= In-house? Mr. Luft: Totally. Mr. Carollo: Yes, but the printing was done by Mho? Mr. Luft: Harry did. Harry Haynes at the print shop. 200 may t0, 1987 Mr. Pierce: G.S.A. print shop. Mr. Carollo: Oh, so it is not our own printing, then. Mr. Luft: Yes, our print shop over on 20th Street, City of Miami. Mr. Pierce: Mr. Mayor and members of the Commission, we would, if possible at this time, like to get a motion directing the City Manager to establish a joint public/private sector committee to define an action plan now, the next step. Mr. Plummer: I would go along with that as long as the Commission makes the appointments. Mr. Luft: Yes. Mr. Carollo: Does he have anything like this in color on Watson Island that is up to date? Mr. Luft: No, sir, I would say that there is some sentiment in the community to do a master plan for Watson Island, but there hasn't... we haven't got anything on that. Mr. Carollo: No, I don't mean a master plan, I mean a map of Watson Island in color. It's quite good quality. Mrs. Kennedy: Let me jot down some things that I think should be included in this plan. If financial feasibility study for a public parking garage and public educational and interpretive attractions such as museums, a market study to determine the type, amount, and the economic value of the ancillary commercial services; special taxing districts to fund operation and maintenance of the park, a process for achieving a formal design or development plan for the park, for example, landscaping and walkways and plazas and cost estimates etc. Then incorporating the above, draft the R.F.P. for development of public attractions and support services and then to be presented to this Commission for review." Mr. Carollo: Have you shown this plan to Mr. Noguchi? Mr. Luft: We have presented it to the Downtown Development Authority, and to the Bayfront Park Committee, and Mr. Noguchi's representatives and Mr. Noguchi has... Haru, his aide, has reviewed this. We couldn't get to New York to show it to him. Mrs. Kennedy: You see why Mr. Noguchi has not come to this Commission since 1983? Mr. Carollo: Why is that? Mrs. Kennedy: Can you imagine the heat the poor man would take? Mr. Carollo: What heat? Just want to know if Noguchi saw it.. Mr. Luft: We have shown it to every one that we can possibly show it to. We have made twenty-seven presentations on the plan so far to gain community input. Mr. Pierce: Just for the record, we do have a letter from the Nov World Center Action Committee, which, of the Greater Miami Chamber, which endorse it, and... Mr. Plummer: So? Mr. Pierce: Well, just telling you, I also want to... Mr. Plummert How much money are they going to come up with? Mr. Pierce: None, but I want to tell you, the other point that they were asking for in here, and that was to do a master plan for Watson Island, Mr. Plummer: And how much money are they going to come up with for that? 201 May 20, MY 0 0 Mr. Pierce: They haven't promised any of that either, sir. Mr. Plummer: Yes, that figures! Mayor Suarez: We passed PZ-7. Mr. Carollo: They will come up with a good editorial for the Herald. Mayor Suarez: They have... Mr. Carollo: That's worth something, right? Mayor Suarez: They have done that. Mr. Carollo: A quarter? 49. BRIEF COMMENTS REGARDING PROPOSED ORDINANCE AMENDING ZONING OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (See label #51) Mayor Suarez: PZ-8 is a companion item? No? Mr. Olmedillo: Yes, sir, this is a second reading, this is an amendment to the zoning ordinance. Right now we are confronting a problem in areas zoned RG-1/3, duplex. 50. ESTABLISH COMMITTEE TO DEFINE ACTION PLAN FOR IMPLEMENTATION OF BICENTENNIAL/FEC PARK MASTER PLAN (See label #48) Mrs. Kennedy: Yes, we didn't take a vote yet. Excuse me a second, Guillermo, do we need to take a vote on that? Mr. Pierce: Yes, on your motion? Mrs. Kennedy: Then I will put it ... Mr. Pierce: Yes, I didn't think the roll had been called. Mrs. Kennedy: OK, that was my motion. Mayor Suarez: Do we have a motion and a second on the committee? Mr. Carollo: On what? Mayor Suarez: On a public/private committee to be appointed by this Commission? Mr. Carollo: Who said that? Mrs. Kennedy: To define the action plan. Mr. Carollo: Who brought that up now? Mayor Suarez: To look for money! Mr. Carollos Can you repeat that again, Rosario? Mrs. Kennedy: OK. Mr. Carollo: Go slowly, so I can understand this. Mrs. Kennedy: "To establish a joint public/private sector committee to define an action plan to implement the followings financial feasibility".., do you want me to go on reading all of it? OK. "A financial feasibility study for a public parking garage and public education, interpretative attractions, a 202 M I"? market study to determine the type, amount and economic value of ancillary commercial services, a special taxing district to fund operations and maintenance of the park, a process for achieving a formal design development plan for the park, incorporating the above, draft the R.F.P. and come back to this Commission for approval." Mr. Carollo: OK, how much is this going to cost us to do all of that? Mr. Pierce: The intent is to do it all with staff, no outside consultants, or anything. Mayor Suarez: And volunteers on this committee, presumably. Mr. Pierce: On the committee, yes, but the Commission, as I understood the motion, the Commission would appoint the committee. Mr. Carollo: I just want to make sure it is a different group from the other side of the park, so let's get a few more people involved in this. Mayor Suarez: A little bit more comimunity based, maybe? Mr. Carollo: Yes. Mayor Suarez: OK, we are not naming the committee just yet. I presume all of us are going to think about the composition of it and the people we would like to recommend. Call the roll on that. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-516 A MOTION DIRECTING THE CITY MANAGER TO ESTABLISH A JOINT PUBLIC/PRIVATE SECTOR COMMITTEE TO DEFINE AN ACTION PLAN FOR IMPLEMENTATION OF THE BICENTENNIAL/FEC PARK MASTER PLAN THAT WILL INCLUDE: 1. A FINANCIAL FEASIBILITY STUDY FOR A PUBLIC PARKING GARAGES) AND PUBLIC EDUCATIONAL/INTERPRETIVE ATTRACTIONS: Z. A MARKET STUDY TO DETERMINE THE TYPE, AMOUNT, AND ECONOMIC VALUE OF ANCILLARY COMMERCIAL SERVICES; 3. SPECIAL TAXING DISTRICTS TO FUND OPERATIONS AND MAINTENANCE OF THE PARK; 4. A PROCESS FOR ACHIEVING A FORMAL DESIGN/DEVELOPMENT PLAN FOR THE PARK (I.E. LANDSCAPING, WALKWAYS, PLAZAS, COST ESTIMATES, ETC.); 5. INCORPORATING THE ABOVE, DRAFT RFP'S FOR DEVELOPMENT OF PUBLIC ATTRACTIONS AND SUPPORT SERVICES, TO BE PRESENTED TO THE COMMISSION FOR REVIEW. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT; None. 203 May 28, 1907 Y ---------- - ---------- - - ------ ----------- 51. REFER TO PAB PROPOSED ORDINANCE AMENDMENT "S-2" TO ORDINANCE 9500 BY AMENDING OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (See label #49) ------------------------------------------------------------------------------ Mayor Suarez: PZ-8. Mr. Olmedillo: Yes, PZ-8 is a proposed amendment, amendment S-2. Mr. Dawkins: Move it. Mr. Carollo: Yes. Mr. Plummer: OK, I still want to hear what it is. Mr. Olmedillo: Yes, we are confronting a problem. The way ordinance reads right now is that for every 2,500 feet, in addition to a minimum of 5,000 square feet on the lot, you can add another unit, that is you tend to approach what we did away with, which is the cluster development. We've got a problem, because the parking requirement for that particular type of development is 1.5 cars per unit. When you have a 50 foot front lot, they are only two ways to accommodate for the five parking spaces which will be required. One will be to put four in front of the lot and one on the street, or have the five lined up one after the other one. Of course, the result is that the parking spills on the street. The problem is that every 50 feet, that you have a frontage on the street is taken up 20 feet for the driveway and then that leaves only 30 feet. A car parked parallel to the street takes up 22 feet, so it only takes up, or that provides space only for two cars. See, that third unit, which is allowed today, under the ordinance provisions then creates a problem because the spaces for the parking are not there, therefore people end up parking on the street. Mr. Plummer: But, all right, answer me this question. That's fine on a corner lot... Mr. Olmedillo: No, this is what we think that we should do away with, because that is not a corner lot. That will be an inside the block lot. Mr. Plummer: So you are voting against this. Mr. Olmedillo: We are saying that through amendment S-2, we should do away with this. Mr. Plummer: And what are you recommending? Mr. Olmedillo: We are recommending that the amendment reads that that provision, which allows third and fourth units to be built in an RG-1/3 lot, which has a 50 foot frontage, and in excess of 100 foot of depth be eliminated from the ordinance. Mr. Plummer: So, OK, then answer me this question. If, in fact, that be the case, and you build a third unit in the back, OK?... how do you get to it? How do you get your parking to it? Mr. Olmedillo: Well, right now, it makes it either this way, which you have to stack your cars one behind the other one, or... Mr. Plummer: Which is impractical. Mr. Olmedillo: Which is impractical, or you have to do something like this, In which you occupy the whole frontage of the house, with four cars, and and up anyway with one in the street, because you need 1.5 parking spaces per unit. You have three units. That's 4.5. You always run up to the higher number. Mr. Plummer: But, you are only showing four parking spaces. Mr. Olmedillo: you, I've got to do away with the other one, I cannot shorten the sheet. It's out in the sreet, somewhere. 204 Vey 200 1917 INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: And you are recommending... Mr. Olmedillo: To do away with this. Mr. Plummer: Well, where is it on the map, which you are recommending? Show it to me. Mr. Olmedillo: No, we are recommending that the ordinance today read..: Mayor Suarez: It's a City wide ordinance. Wherever this exists. Mr. Olmedillo: Yes, it is in the RG-1/3 district. Everywhere that we have an RG-3 district. Every time you have in excess of 5,000 square feet, you can add for every increment of 2,500 feet, you can add another unit. You can do it today, like you have a 50 by 150 lot, you can build one duplex and one unit. Mayor Suarez: Guillermo, you just stated a figure. Commissioner wanted to know how many square feet did you say, that you get the additional unit for? Mr. Olmedillo: Every 2,500 feet. Mayor Suarez: Twenty-five hundred. Mr. Olmedillo: That is, you know, practically... Mr. Carollo: You can build a duplex plus one unit. Mr. Plummer: What are you recommending, that we do away with that? Mr. Olmedillo: That we do away with that and every duplex sits on a single lot as it is platted. If they want to go to a change, they would have to replat, or do another plan. Mayor Suarez: Even though the City of Miami is full of people needing to be able to put an extra residential unit in a very small lot and don't have the money to pay for attorneys to come here and ask for all kinds of zoning changes. Mr. Olmedillo: The problem is the parking, that we have and you can see it in areas like west of 27th Avenue, around the Shenandoah area. Mayor Suarez: Tell me about an area that has the problem of parking that you are talking about -Shenandoah? Mr. Olmedillo: Shenandoah, west of 27th Avenue, south of Coral Way, has a parking problem. South of Flagler Street, west of 27th Avenue, we have parking problems there. People complain... Mayor Suarez: Well, we have problems in the City of Miami. We have parking problems downtown. We have parking problems, in a lot of places. We have parking meters... and not west of Shenandoah, I'll tell you that. Mr. Plummer: Sure you dol Mr. Pierce: But that is because we have chronically sick parking requirements. Mr. Carollo: We have problems in Coconut Grove. Mr. Plummer: You brought to the attention, Leonel... Dr. Leonel Alonso: Commissioner, he doesn't know the area. Mr. Plummer: ... 19th Street, from 22nd Avenue, you were the ones who came here and asked us to increase the size, and it is one hell of a problem, 19th Street, from 22nd Avenue to 27th. Mrs. Miriam Alonsos 19th Street, the problem... 205 Mayor Suarez: Why don't you give us your name and address on there. Mrs. Alonso: Yes, my name is Miriam Alonso, and I live at 1441 S.M. 12th Street, and the problem with 19th Street is the speed by which the cars go, and it has nothing to do with the parking. There is no problem in 19th Street with the parking in the street, and it has never been a problem with this area. The problem with this unit is that people who have a small lot, and I am not even allowed to come here to get a variance, because if you have 50 foot lot, you are not even allowed by law to come here in front of this Commission, while people who have lots of money can hire an attorney and come and request all the zoning changes that they want, and they might get away with it. We see it all the time, but then the people who need to add an extra unit to the block, and we have only a few cases, we don't have that many cases, we don't have that many cases, but usually are people who have limited means, people that perhaps need the extra unit for a relative, or perhaps they need it to be able to keep their own property, because the taxes are going very high in the City of Miami. Those are the individuals that we are talking about. Those are the individuals that are going to be affected by this resolution. The small lot, the very small lot that cannot come here to ask for a variance are the people who are affected. He is talking about only one kind of parking situation. He is talking only about one kind of lot. He is talking about only one case. We are sure that the very few cases that can come to you, and by the way, they have to get approval from the neighbors and they have to go through a period, a process, yes, it is, they have to get the permission from the people. They have to sign a letter, they have to take it to the neighbors across, and in front and sides of the property, in order to get... yes, there is a form, sir. Mr. Pierce: No, no, I beg... Mayor Suarez: Wait, wait, let him answer it, Minny. Mr. Pierce: What you are referring to is the provision that we implemented administratively when the cluster ordinance was alive, that if you wanted to build a cluster, and that is where this provision really stems from, is worked in concert with the cluster. That you then, we made applicants go to neighborhoods, to residents in the area and advise them that they were attempting to build a cluster to Class E permit provision. But while I've got the mike... Mrs. Alonso: Then the City is doing it wrong, because they are asking for that paper now, as of this time. Then something is happening that is wrong. Mr. Pierce: Well... Mrs. Alonzo: They are asking the people to complete that form and take it to the neighbors, so something must be wrong, somewhere. Mr. Pierce: If they are doing that now, I don't know why, because there are no longer any clusters permitted in the City. Mrs. Alonzo: No, no, we are not talking about cluster, we are talking about this particular situation, and they are asking that the individuals have been asked to complete that form, so something is wrong. Mr. Pierce: Mr. Mayor. Mayor Suarez: Yes, Walter. Mr. Pierce: There is one other point that I think we should make here, is that this provision, right now, if left on the books, would in effect, destroy the sanctity of the districts as we now have them. If the property is zoned RG-1, and it happens to have 7,500 square feet, this provision would allow them to have a third unit there where that district is really for duplexes. In effect, it is allowing a development intensity which could be very much out of scale with surrounding properties in this area. Mrs. Alonso: If a person has 50 by 150, the neighbors also have 50 by 150, so it is the same situation in the neighborhood. I don't have a lot 50 by 150 and the next door, they don't have 150, they have exactly the same thing, so it... 206 May Za, 19$7 Mayor Suarez: Not, always but, typically, is what you mean. Mrs. Alonso: Well, unless they have subdivided for some reason the property and that must be an exception rather than the rule. I don't have any property in that situation. I don't have the problem, but I am very much aware that that situation exists and it only damages the small individual, the one who owns the small lot, the one that cannot come here to ask for a variance and the person who really needs that extra property. Those are the individuals that we are going to affect by voting, by removing this from the books, that is the only thing that you are doing by voting to remove this from the books. Mr. Plummer: Well, I'll tell you what I would be agreeable to. I'd be agreeable to leave it on the books, but each and every case has to stand on its own as a conditional use. Other than that, you have got to take it off the books... an exceptional use. In other words, each application would have to stand on its own. Mr. Olmedillo: You want to take it to a public hearing like a special exception? Mr. Plummer: You would have to take it to a public hearing where the neighbors have the right to come and say yes or no. I will go along with that. If that is not acceptable, then I have to agree with you. Mr. Olmedillo: That is acceptable to staff, sir. Mr. Plummer: Do you take this back, or do you take... how do you do it? Mayor Suarez: Going to have to take it back, I think. Mr. Plummer: Madam City Attorney? I move that this matter be referred back to the Planning and Zoning Board for the purposes of making this... consider making this an exceptional use. Mayor Suarez: So moved. No second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-517 A MOTION INSTRUCTING THE ADMINISTRATION TO REFER BACK TO THE PLANNING ADVISORY BOARD A PROPOSED SECOND READING ORDINANCE (AMENDMENT "S-2" TO ORDINANCE 9500- BY AMENDING OFFICIAL SCHEDULE OF DISTRICT REGULATIONS - MAKING DELETIONS AND DELETING CERTAIN REQUIREMENTS) IN ORDER THAT THE PAB MAY DETERMINE IF EACH APPLICATION CAN STAND ON ITS OWN AS AN EXCEPTIONAL USE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None Mayor Suarez: Thank you for your presentations. Mr. Plummer: Send it back to the Planning and Zoning to make it exceptional use. 207 May 28,E 1907 52. SECOND READING ORDINANCE: CHANGE DESIGNATION AT 3684-88 S.W. 26 STREET FROM LOW -MODERATE DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL. Mayor Suarez: PZ-9. Mr. Olmedillo: PZ-9 and 10 are companion items. The PZ-9 is the plan amendment, and PZ-10 is the zoning change. This, you may remember, is the second reading. It is a request to go from an RG-1/3 to CR-3/7. The property is located... Mr. Plummer: Is there anybody here in opposition? I move PZ-9. Mrs. Kennedy: Second. Mr. Dawkins: Second. Mayor Suarez: Moved, seconded, thirded. Any discussion? Read the ordinance. Mr. Carollo: Yes, discussion. Mayor Suarez: Commissioner Carollo. Mr. Carollo: Since the original time that it came before the Commission, they made the appropriate changes that they would be asking for the same thing as some of the other projects in the same area that got it, correct? Mr. Olmedillo: That is correct, sir. Mr. Carollo: OK. No further questions. Mayor Suarez: Read the ordinance. Mrs. Kennedy: Excuse me, there will be a voluntary... OK, they know what I am saying, OK. Mr. Dawkins: For the parks. Mrs. Kennedy: No! Towards child care facilities. Mr. Plummer: Oh, no, no, that is decided by this Commission. We don't need your vote. Mrs. Kennedy: It is voluntary! Mr. Carollo: Virginia Key. Mr. Dawkins: This one goes to Virginia Key. Mr. Plummer: There you go! Mayor Suarez: Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE MIAMI COMPRBiENSIVs NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 3684-3688 SOUTHWEST 26TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FR0M LOW MODERATE DENSITY RESIDENTIAL USE TO COMMERCIAL/RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 30, 1987, was taken up for its second and final reading by title and adoption. On cation of Commissioner Plummer, seconded by Coss4issioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed -` +and adopted by the following vote- y f08 way t8# 1947 0 Ej AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10274. 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. 53. SECOND READING ORDINANCE: ATLAS CHANGE FROM RG-1/3 TO CR-2/7 AT 3684-88 S.W. 26 STREET. Mr. Plummer: I move PZ-10 Mayor Suarez: Moved. Mr. Carollo: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3684-3688 SOUTHWEST 26 STREET, Mum, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 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 30, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10275_ 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. 209 May 280 1907 } K 54. A DISCUSSION OF PROPOSED SECOND READING ORDINANCES CONCERNING S.W. 27TH AVENUE GATEWAY DISTRICT. B FIRST READING ORDINANCE: REDUCE WIDTH OF S.W. 27TH AVENUE BETWEEN BAYSHORE AND DIXIE. Mrs. Kennedy: How many people are here on the 27th Avenue item? Yes. Mayor Suarez: Which item is it? Mr. Olmedillo: Items 14 through 20. Mrs. Kennedy: Can we take that, Mr. Mayor, because I... Mayor Suarez: 14 through 20? Yes, let's take up that item 14 particularly in view of the fact that Commissioner Kennedy has to leave and it would like to be present for that discussion. Mayor Suarez: PZ-14. Mr. Olmedillo: Items 14 through 20 are related items and you remember, this was passed on first reading... Mayor Suarez: 14 through 20, you said, right? Mr. Olmedillo: Yea, sir, and Vice -Mayor Plummer had requested certain things to be added, and Commissioner Kennedy also. The changes, if you will bear with me, I'll list them for you. That no provision that no off -site parking should be allowed, to delete that portion between Abaco and Inagua and to increase the requirement for landscaping, Those were included, and they are in your packet. Also, there was a request for Public Works to present the possibility of reducing the street right-of-way on 27th Avenue from 100 to 70 feet, and these are the changes that were added, or that were made to the original ordinances as you passed them on the first reading. I would defer to Public Works on the street issue. Mr. George Campbell: I believe it was Commissioner Plummer who had asked us to look into the possibility of reducing the zoned right-of-way, or the designated right-of-way, on S.W. 27th Avenue from 100 to 70 feet. In the transparency as shown on the board there, the screen, the 100 foot right-of- way includes the landscape median, two driving lanes on either side, plus a wide sidewalk which would also also have a landscaping area in there. As you can see, the 70 foot right-of-way, in the upper level there, would require, if the County were to do this area, would require a wall to wall pavement sidewalk, the whole nine yards, with a striped median. The best analogy that I can give you on that is Douglas Road. That's a 70 foot right- of-way and that is what 27th Avenue would look like if you reduced the right- of-way to 70 feet. You would have... Mr. Plummer: From a hundred. Mr. Campbell: From the hundred. Now, the 100 feet is something that was established by ordinance 2468, passed on March 19, 1941, so that this the world, basically, has been on notice that 27th Avenue is to be 100 feet since 0 J* Mr. Plummer: You would be taking off walls. Mr. Campbell: The 100 foot would provide for the landscape median, two driving lanes in each direction and then the 16 or 18 foot on the... 15 foot, where it says sidewalks, would provide for a walkway and for a landscaped area, similar to Bayshore Drive, in front of the City Hall here. This is something that we have worked with the Planning Department for a good, 12, 13 years, something like that, in the development of this, as a gateway to Coconut Grove, which is compatible with the Bayshore Drive. Mr. Plummer: You also will be taking that off the tax rolls. Mr. Campbell: That's true. Mr. Plummer: You bet your bippy it's true! Mr. Campbell: Given the amount of development that would be allowed, I think it is a fair trade-off to have the boulevard type development for the street to enhance the proposed development and proposed zoning development of 27th Avenue from Dixie Highway to Bayshore Drive. Mr. Plummer: What has the County indicated they want to do? Mr. Campbell: The County has indicated that they will not acquire the additional right-of-way, up beyond the 70 feet. They have indicated to us that they will work with us on the cross section, which would then provide for development from curb to curb. The County would provide for this development from here to here with the median. No, no, he is talking about with the 100 foot, under the 100 foot development, you had asked what the County would do. Mr. Plummer: Well, what have they indicated they want to do? Mr. Campbell: They have indicated that they will not go beyond a 70 foot right-of-way. If they only use the 70 foot right-of-way, then this is what they want to do, the full scale, Douglas Road type development. They have indicated to us in discussions, that they will go, along with us and provide for this area here, from curb to curb, with the four driving lanes and the median, and then it is up to the City to acquire this additional 15 feet on each side to provide for the sidewalk and land and side parkway landscaping. Now... Mr. Plummer: Give me an estimated cost of what it would cost the City to acquire it. Mr. Campbell: We would acquire that additional right-of-way, as the individual properties are developed. Mr. Plummer: No, no, you are not going to do it that way. If they are going to come in and build a road, at the time they come in, you've got to have all the properties, or they are not going to do it. Mr. Campbell: For the 70 feet, 70 foot width. The County has indicated they will acquire any additional right-of-way that is necessary for the 70 feet. Mr. Plummer: That's not my point. You are speaking towards, if I understand you, towards the 100 foot. Mr. Campbell: Yes, sir. Mr. Plummer: Fine. Beyond the 70 feet, that means that at the time they are ready to construct, this City has got to deliver them, clear title... Mr. Pierce: 70 feet. Mr. Campbell: The 70 feet, and the County will acquire the additional right of way, if necessary at that time, they will acquire the additional right-of- way to provide the 70 feet. The City then, as the properties develop, would acquire the additional 15 feet, as a part of the development to provide for the sidewalk and the side parkway landscaping, Now, we already have approximately 25 percent of the right-of-way which is dedicated to 100 feat. 211 may 2840 1987 r � c V V� Mr. Plummer: And you have acquired that basically under a Jesse James, that if you want a building permit, you've got to give the dedication, or we won't give you the building permit. Mr. Campbell: No, we have acquired it as a voluntary dedication. Mr. Plummer: Hey, excuse me... I am not putting you down for it. You did for what was the best interests of this City, OK? Mr. Campbell: Most of the dedication was acquired sometime ago, yes, sir. Mr. Plummer: Hey, look, don't tell me no, no, I will give you a case where you guys put the screws to one developer that was unbelievable, OK?... so don't tell me that! Now, hey, I say, I admire you. You got it. It didn't cost the taxpayers anything, he finally understood the way the land was laying. I am asking you now, that if the County comes tomorrow and says we are ready to start on January 1st, if you can deliver to us the full 100 foot right-of-way, what is it going to cost this City to acquire a full 100 foot right-of-way, 75 percent of what remains? What is the cost of acquiring that land? Mr. Campbell: I... Mr. Cather: If I may interrupt, I was told by the County, Charlie Baldwin, that the reason they would not go to the 100 foot right-of-way, like we requested them to do, was because it would cost them approximately a million six acquire that additional right-of-way. Mr. Plummer: And a hell of a lot of lawsuits. OK, so you are taking a million six off of the property values and you are paying a million six to acquire and you are going to take a million six off the tax rolls. That's the question. Is it worth the additional 15 feet on each side at that cost. That's really were we are at. _ Mr. Campbell: Well, we feel yes, it is in that the quality of the... Mr. Plummer: You say that, but you don't pay taxes in the City of Miami. I do. Go ahead. Mr. Campbell: In addition to the 40 percent that we already have, by the way, there is an additional 15 percent along in here. Mr. Plummer: Wait a minute, wait a minute. You said 25 percent, and it has jumped to forty. Mr. Campbell: I'm sorry, I am adding things together already. 25 percent of it is already dedicated. An additional 15 percent, while it is not dedicated, it already has the sidewalks back at the correct line, so that, in essence, this has somewhat moved into the public domain. Certainly we would encourage the developers along here to give a voluntary dedication. By the way, when they do, when they come in for a building permit, they have to dedicate the right of way anyway, so... Mr. Plummer: That's fine. Now, tell me also... let's use Doc Robinson. He has an apartment house, all of his parking is out front. You acquire that property. You didn't have to move. It doesn't have to change. Where are these people going to park? Mr. Campbell: this point. Well, already they are parking in the public right-of-way, at Mr. Plummer: Sir, I am telling you, they are parking in the front, OK? Now, where are those cars going to go? Mr. Campbell: I believe that parking in there could be reoriented and redesigned so that would accommodate the vehicles on site. I believe so. Mr. Plummer: The same number? Mr. Campbells I believe no. Mr. Plummerc You have never driven 27th Avenue. 212 rA Mr. Campbell: Yes, sir. Mr. Plummer: Then you don't see what I see. OK, hey, I think it is not a simple thing. I think it would be expensive to acquire. I think you are taking like amount off the tax rolls and my greatest concern is in fact, those areas now, that are utilizing that parking. What in the hell... look at the E Z Kwik. What are you going to do there? I mean, are you going to put those cars where? Mr. Campbell: Good question. Mr. Plummer: Without a good answer. Mr. Campbell: That's correct. Mr. Plummer: OK, now, I think 70 feet can be made a very nice road. Now, I don't think it is going to be wall to wall, as you are ascribing it, because most of the walls are further back. I mean, it is not like a Chinese wall, and I think that if it is possible, that we could do it, and the money was available, I would vote for it, but I think we have got to be practical, and practical says we can't afford it. One man's opinion! Plus the fact I think that at first reading we did pass the 70 foot width and asked you to come back and show us the difference, is that correct? Per. Campbell: I don't think there was an ordinance passed is concerning the right-of-way, This would be first reading for this particular item. Mr. Plummer: I... Mrs. Dougherty: (OFF MIKE) You asked us to come back with Mr. Plummer: OK. Then this particular item is on first reading. Mr. Campbell: Yes, sir. Mr. Plummer: And how does this particular ordinance, do you say, reads?... the 70 or 100? Mr. Pierce: This ordinance reads: "Providing for the reduction in the established street width of S.W. 27th Avenue between South Bayshore Drive and South Dixie Highway, from 100 feet to 70 feet." Mr. Plummer: Yes, OK, that's what we asked for. Mr. Pierce: That's what you asked for. Mr. Plummer: Yes, sir. Mayor Suarez: How is the 70 foot right-of-way a first reading,? Is that because that is a separate item here? Mr. Campbell: Yes, air. Mayor Suarez: Contained within one? Mr. Pierce: It's item 20. Mr. Campbell: Item 20. Mayor Suarez: It is 20 on the six, OK. Mr. Campbell: Yes, sir. Mr. Plummers Yes. Mr. Campbells New item. Mr. Plummer: I'd like to give that other property back and get it back on the tau rolls. P Mr. Olmedillo: Remember, item 14 is the creation of the district. That is the land which, for SPI-13, in which we included the provisions that you had it in the last meeting, in your first reading approval. 15 through 19 is the application of those changes of the SPI on 27th Avenue, and the changes in density for Center Street and Coconut Avenue. Mr. Plummer: I'm very sorry, you are going to have to repeat what you just said. Mr. Olmedillo: I just stated that item 14 is the creation of SPI-13, which is the language to create the district, to which we added those concerns that you had before. Then items 15 through 19 is the application, one of SPI-13 on 27th Avenue, minus that property between Inagua and Abaco. Mr. Plummer: That was identified as B... Mr. Olmedillo: As 2-A, something like 2-A. Mr. Plummer: 2-A, yes. Mr. Olmedillo: Right, and the zoning changes and intensity for the Center Street properties on the eastern side of Center street, and on the north and south side of Coconut Avenue. Mr. Plummer: Well, does anybody want to speak for or against this item? Mr. Mayor, I would then move... do you want to speak? i UNIDENTIFIED SPEAKER: On the 70 foot right-of-way? Mr. Plummer: On the 70 foot right-of-way, yes. UNIDENTIFIED SPEAKER: Do we have the figure on the 70 foot right-of-way? Mr. Plummer: Well... UNIDENTIFIED SPEAKER: I thought that's the agenda item. Mr. Plummer: It is the agenda item, but it has not been... Mayor Suarez: It is item 20. Mr. Plummer: You had better speak. UNIDENTIFIED SPEAKER: Are you all going to support the 70 foot right-of-way, that is the basic question. Mr. Plummer: Well, that is what we are getting ready to maybe take a vote on. Mrs. Kennedy: Yes. UNIDENTIFIED SPEAKER: Well, should I make a statement now that I was going to make before? Mayor Suarez: In other words, you are worried about ? UNIDENTIFIED SPEAKER: Not necessarily, but, yes. Mayor Suarez: You support the 70 foot right -of -ray as opposed to 100 foot? UNIDENTIFIED SPEAKER: Yes, we support the 70 foot. Yes, we support the 70 foot and if... Mr. Plummer: I move item PZ-20. Mrs. Kennedy: I second. Mayor Suares: So moved and seconded. Any discussion? Read the ordinance. Would you like sixty five? 214 i i t AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS", PROVIDING FOR A REDUCTION IN THE ESTABLISHED STREET WIDTH OF S.W. 27TH AVENUE BETWEEN SOUTH BAYSHORE DRIVE AND SOUTH DIXIE HIGHWAY FROM ONE HUNDRED FEET TO SEVENTY FEET; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 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. 55. CONTINUED DISCUSSION AND DEFERRAL OF PROPOSED SECOND READING ORDINANCES CONCERNING S.W. 27TH AVENUE GATEWAY DISTRICT. Mayor Suarez: Back to PZ-14, 15, 16, 17, 18 and 19, roughly. Mr. Olmedillo: That will affect PZ-14 directly because that will place the buildings closer together, because before we had 100 foot distance between the face of the buildings on 27th Avenue. Now, we would like to retain that, therefore SPI-13, which is PZ-14, would have to suffer an amendment and I will defer to our City Attorney to see whether that may be included now, or... Mayor Suarez: That can still constitute a second reading? Mr. Olmedillo: This is second reading. Mayor Suarez: Right, so what was your question that you were going to defer to the City Attorney on? Mr. Olmedillo: Yes, to see if we can... right now, we don't have a setback, a front setback, to increase it to 15 feet front setback so that we and up with the same separation of buildings that we had proposed originally in the SPI- 13, which is 100 feet, face to face. Mr. Plummer: Well, wait a minute, let me go one other thing now here, because I've got to go back on item 20. What is the feeling of this Commission, that if an owner comes in... have we legally reduced it to seventy? See, I maybe have a problem with that, now that I think about it. Now, let me tell you the problem I've got with it. If an owner comes in today for a permit, he doesn't have to volunteer to give up that property. Mr. Olmedillo: After 60 days you have to go to second reading and then 30 days after second reading is when... Mr. Plummer: All right, let me think about that between now and the second reading. See, before, we were acquiring it for City purposes. Under this, what we have done here now, we can't force them to do anything, OK, and I am thinking not today, I am thinking 20 years from today, when in fact that street might have to go to 100 feet. !Mrs. Kennedy$ Yes. 215 Noy 260 1987 Mr. Plummer: All right, then we could acquire it free of charge. Let me think about it between now and second reading. Mr. Bob Fitzsimmons: Mr. Plummer, on that point, once you change that to 70 feet, the whole SPI-13 has to be redefined to put the building at a different location. Mr. 0lmedillo: That was my question to the City Attorney to see whether we can add those 15 feet, which we had as a sidewalk. Now we can have it as a front setback for the buildings fronted on 27th Avenue so that the effect will be that the buildings will be 100 feet apart. I mean across 27th Avenue instead of being 70 feet apart, because the way it reads now, you are going to have 70 feet of right-of-way, and then you are going to have the building flush with that 70 foot width. Mr. Plummer: Yes, but I guess what my main concern was, is the City being able to acquire that property, as you have in the past, will no longer be able to be able to be done. See, even though I am very much in favor of the 70 foot right-of-way, as I said, I am looking to 20 to 25 years down the road, where if we could acquire all that property between now and 20 years, and the need was demonstrated to go to that additional, we would have the property already in hand. I've got to think about that, but I can do that between and second reading. Mr. Tony Medina: May I be allowed to comment? I think what you are looking for, if I can presume to go into your thoughts, is: I would leave the right- of-way at 100 foot, not at 70, but make the initial fifteen the sidewalk, because what happens is, you are going to have people that have not dedicated the 15 feet, and if you stick a setback, now, they've got to go 15 feet from their property line. The other guy has already dedicated. You follow what I am saying? You are going to get a serrated effect. So, if we could leave it at 100 feet, but just stick a proviso in there that says for the time being, until the City Commission decides otherwise, the 100 foot right-of-way is reserved 70 feet for roads and 30 feet for sidewalks, fifteen on either side. Mr. Plummer: Well, let me ask you this - Madam City Attorney, if we leave it at the 100 feet, can we designate the street width at seventy and the additional 15 feet acquired as sidewalks? Mr. Medina: Thirty. Mr. Plummer: Well, fifteen on each side. Mrs. Dougherty: In specifying, it can only be can only be used for sidewalk as opposed to right-of-way. Mr. Plummer: No, no... Mrs. Dougherty: I mean as opposed to a street. Mr. Plummer: Where my concern is coming in, they have done a good job of acquiring 25 percent of that setback now, at no cost to the City. Mrs. Dougherty: Right. Mr. Plummer: Nov, what we have done here today would prevent them from doing that in the future. Mrs. Dougherty: Right. Mr. Plummer: I'm saying is that if we could still maintain to the County and to the world, that all we want is a 70 foot wide street, as outlined in this plan, that we could still have the 100 foot width and allow them to acquire this property, as permits start to come in. And maybe over the next 20 years, we might be able to acquire 100 percent of it, but that it only could be used for sidewalks at this present time. Mr. Cather: I would like to point out to the Commission now, if we acquire all of this 99 percent of this right -of -gray before the ordinance was passed, like the County's requiring a dedication at the time of getting the building permit, so now we are in a much better position to get the remaining property on 27th Avenue to the full 100 feet. 216 May 24, 1997 ti ins � 1� Mr. Plummer: How? Mr. Cather: Because now it is required by law, that if you get a building permit or remodel, you have to dedicate the property, that was only passed two years ago. Mr. Plummer: Even parsed on item 20? Mr. Cather: Beg your pardon? Mr. Plummer: Even after what we did on item 20? Mrs. Dougherty: No, you won't be able to do it. Mr. Cather: No, if you pass item 20, then they don't have to dedicate anymore. Mr. Pierces Sixty days from now they don't have to dedicate. Mr. Plummer: Well, look, am I crazy, I mean, do you understand what I am saying? What I am saying is, I don't want a street at this time, wider than seventy, but in the future and if people want to come and want to get a building permit to rebuild on their property, that in effect, you could still acquire that additional 15 foot, but at this time, hold it in reserve and only use it for sidewalks. Mrs. Dougherty: You have to have the requirement for them to dedicate the full 100 feet, before you can... That street line still has to be 100 feet. Now, you can direct it only to use it for sidewalks, but you need to have it. Mr. Plummer: OK, what does that do then, to the setbacks? Mrs. Dougherty: Then, if you continue having it a 100 foot right-of-way, or street zoned right-of-way, then they don't need the setbacks, and that is why they are asking you to continue all these until you make that decision at the next meeting. Mrs. Kennedy: Then, whey can't we leave it as it is? Mrs. Dougherty: Then we can leave it as it is. Mrs. Kennedy: Yes. Mr. Plummer: Well, you leave it as it is, with a full instruction that the streets should not be wider than seventy. Mr. Pierce: The actual driving lanes you're talking about? Mr. Plummer: The dedicated street width at seventy Mrs. Dougherty: No, one hundred. Mr. Campbell: It won't work that way. Mrs. Kennedy: Leave it at a hundred. Mr. Fitzsimmons: They're changing to make it a hundred. Mrs. Dougherty: But direct them only to use it for sidewalks. Mrs. Kennedy: For sidewalks, exactly - for sidewalks only. Mr. Campbell: That's the plan, only to use that for sidewalk and side parkway landscaping. !Mrs. Kennedy: And then you have both worlds. Mr. Cuipbell: The roadway itself curb to curb, will be 70 feet. The travel way, if you want to put It that way. Mr. Plummer: OK, all right then, if that is the case, curb to curb, 70 feet... Mr. Campbell: Yes, sir. Mr. Plummer: Then... Mrs. Kennedy: And the rest is sidewalks. Mr. Plummer: ... that additional 15 feet that you haven't acquired, how can you put sidewalks on it? Mr. Campbell: As they come in for permits, we get the dedication and get the sidewalk and the landscaping at that point. Mrs. Dougherty: And require them to put sidewalks... Mr. Plummer: Does - I'm going to ask you again - does it affect the setbacks for the people who propose to build in the future? Mr. Campbell: The base building line is the setback line, so if it's at 100 feet, if the base building line is at 100 feet, that is the line that you build to. If you change it today, or on second reading, change it 70 feet, then you are going to have the buildings out at that line and we have no legal way to stop them from doing it that way, and then, sometime in the future, if a future Commission decides that we need a 100 foot wide right-of-way there and we used to set it back further and that provides for wider sidewalks, then 1 you are going to have go through the business of cutting buildings off. 1 Mr. Plummer: I think I've hurt my cause. Mrs. Kennedy: Yes. Mr. Fitzsimmons: Mr. Plummer. Mayor Suarez: Yes, proceed. Mr. Fitzsimmons: Not to confuse too much, but so that we can understand your rationale for bringing it down to seventy, and for anticipating some time 20, 25 years from now, are you anticipating making 27th Avenue a six lane highway? Mr. Plummer: No, sir, I am not at all, that was never my intent, but there could be the day comes that the rationale would justify the need, and all I am saying is, this is the only opportunity that the City has through this vehicle of acquiring that extra property. That is what I am saying. Mr. Fitzsimmons: What I am presenting to you, is do we want to control our destiny by not allowing it to turn into six lanes? Mr. Plummer: We are controlling our destiny by making it mandated that it not be wider than curb to curb, 70 feet. We are also mandating, that, as required, we will have sidewalks. Mr. Fitzsimmons: Well, what I am proposing to you by making it 70 feet, and not requiring rededication by controlling our future, not ever allowing it to go six lanes, to protect the neighborhood, to keep the character of 27th Avenue. Mr. Plummer: And I am in favor of that, OK? But, what about if the day comes when you want to go, as you see there, with a 70 foot, you don't have any landscaping down the middle. You could still have four lanes with beautiful landscaping. You could still have off-street parking on that 100 foot right- of-way. Mr. Fitzsimmons: But, what our position would be perhaps we can protect the neighbors behind this commercial developownt by pushing the building up towards the road instead of pushing it back towards the residents. Mr. Plummer: You make a good point. You wake a very good point. Mr, Fitzsimmona: That's always... 218 may see #9A1 16 0 Ms, Hirai: We need your name. Mr. Fitzsimmons: Bob Fitzsimmons is my name. Mr. Plummer: is there a possibility...? What is the setback from the dedicated right of way now? Under that SPI? None? UNIDENTIFIED SPEAKER: (OFF MIKE) it's five feet Mr. Olmedillo: That's on the SPI existing today. It is depending on the district, and we have two different districts, one is RO-2.1 and the other one is RG-2. Mr. Plummer: Hey, how do we get the best of both worlds, OK? They make a good point of keeping the buildings up to the front, and closer to the front, the better it is to the residential, even though it is only 15 feet, but yet, how do we acquire that property into City ownership... Mr. Olmedillo: Have an ordinance which limits that and freezes it as you want it, and say you have an ordinance which says it is 100 feet, which is as it is today, but 15 feet on each side have to used for sidewalks, and it cannot go beyond four lanes. Mr. Plummer: Well, all right, then let me ask another question, because I am trying to reach a compromise and maybe I can't do it, but I am going to try. Is it possible that we can dedicate a 70 foot width curb to curb, but still require the additional 15 feet only to be used for sidewalks? Mr. Pierce: Yes. Mr. Olmedillo: That is what it is there today. Mr. Plummer: Using the 70 foot width as the base building line. Mr. Pierce: No. Mr. Plummer: Why can't you do it? All we have to do is make an ordinance that says... an ordinance that says that we do not require a setback from the 70 foot, except for the 15 feet. Mrs. Dougherty: That's the way it is now. Mr. Plummer: No. Mrs. Dougherty: That's the way it is. Mr. Plummer: No, it would require now from the 100 feet. Mrs. Dougherty: But, if you pass your ordinance and leave this one the way it is, that is what you have. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, you are not, excuse me. Mrs. Kennedy: Wait, wait, I hate to interrupt you, but I had to leave here at seven o'clock. It is eight twenty-one and you know, this is getting ridiculous. Madam City Attorney, can I record my vote so I can rush out of here on these items? No? Mr. Fitzsimmons: Commissioner, with your permission, sir... Mr. Plummer: Well no, no, wait a minute, let me get back to my point, because I might be off base and if I am, I want to know. Mayor Suarez: I don't think you can, I think that has been clarified. Mr. Fitzsimmons: Just change one number, Commissioner Plummer, change one number. The SPI-13 now is going to require a five foot setback on the first floor only. You simply change that number to 15 feet and every building cantilevers out 15 feet, you have a covered walk down 27th Avenue so you don't get wet when it is raining coming down to the boat show. 219 May 24. M? s Mr. Plummer: I don't think 1 like that too much. Mr. Fitzsimmons: Well them, pull them back 15 feet on the first floor and have a ten foot overhang, and have five foot of grass area. Mr. Plummer: No, what I was trying to come up with, if it were possible... Mr. Fitzsimmons: It is called a "green belt dedication" Mr. Plummer: ... OK, that there would be no setback from the 100 foot, if you follow what I am saying. No setback. Now can we do that? Mr. Olmedillo: That is the way it is proposed today on the SPI-13. Mr. Plummer: No setback? Mr. Olmedillo: From the 100 foot right-of-way, the five foot setback on the first floor, and then it comes, cantilevers in those five feet. Therefore, no setbacks from the second story up. Mr. Plummer: Well, maybe that is the best of both worlds. Mr. Olmedillo: That leaves 100 feet between buildings, leave the right-of- way, so that... Mr. Plummer: You don't like that? Mr. Fitzsimmons: No, sir, what our purpose is... That does push the building back towards the residential areas. We want to push the building up towards the street and prevent the street from getting any wider. Mr. Plummer: So what you are saying is, it would push the building up possibly push the building up 15 feet more. Mr. Olmedillo: No, we are not modifying that. We are proposing, as a matter of fact, to increase the rear setback to 15 feet, just what you have today. SPI-13 is increasing the rear setback from 10 to 15 feet. Mr. Fitzsimmons: What we would do, by moving it up forward, is move it up by the same amount of feet, whether it be fifteen, or whatever. Mr. Pierce: They are not saying the same things you are. Mr. Plummer: No, I know that. I know. Mrs. Kennedy: What I would like to know... Mayor Suarez: You know, we ought to resolve the issue of the street width at some other time, if you want to try to get a vote on some of these other items. Mrs. Kennedy: Yes, and what I would like to do is... I mean, I've got...this is ridiculous. OK, I cannot stay a minute longer. I'd like to defer this until the neat Commission meeting and make sure that we see it at one. Otherwise, you know, it In a tied vote what you have here. Mayor Suarez: I don't think there is any problem with your items, by the way. Maybe we should have gone ahead and taken them, but we have done as well as we possibly can today, under these circumstances. Mr. Plummer: OK, Madam City Attorney is saying that until the determination is made on this street width, we should defer the rest of it, and I concur with that, and I concur on it that I want to think about it because I think that there is some merit to both arguments and I would like to think about it until the 25th of June. I so move. Mrs. Kennedy: Second. Mr. Plummer: That includes all of the items relating. Mayor Suavest Moved, seconded and thirded as to items... r 220 Me# 200 1907 Mr. Plummer: I would ask the Department to give me some renderings showing exactly what I have said, and what you recommend. Mr. Pierce: All right, it is continued to June 25th. (NOTE FOR THE RECORD: COMMISSIONER KENNEDY LEFT THE MEETING AT 8:25 P.M.) INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Call the roll on that motion. Can we take them all together like that, Madam City Attorney, 14 through 20? Mr. Plummer: To continue. Mayor Suarez: An also include a motion to reconsider 20, I gather. We are doing that too, because we had passed 20. Mr. Pierce: No, 20 will come back on second reading at the same time. Ms. Hirai: That's correct. Mrs. Dougherty: Leave 20 the way it is and you can kill it at second reading, if that is your desire. Mayor Suarez: OK, we can leave 20, and items 14 through 19, motion to continue until the meeting of when?... the 25th? Call the roll. MOTION TO CONTINUE UPON MOTION DULY MADE AND SECONDED, THE CITY COMMISSION CONTINUED ITEMS PZ-14 THROUGH PZ-19 TO THE MEETING OF JUNE 25, 1987 BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez. NOES: None ABSENT: Commissioner Rosario Kennedy 56. A. DISCUSSION OF CHANGE OF PLAN DESIGNATION AT 2606-2630 S.W. 28 STREET FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE. B. AUTHORIZE TEMPORARY BARRICADES ON 90 DAY TRIAL BASIS TO CLOSE JEFFERSON STREET AT S.W. 28 STREET. Mayor Suarez: Items 11, 12, 13 and 14, I think are related, or 13 A and B, rather. Mr. Olmedillo: Yes, that is correct, sir, these are companion items. Mayor Suarez: Do we have anyone here who wishes to be heard against items 11, 12 or 137 I knew we had somebody, Steven. OK, go ahead, Guillermo. Mr. Olmedillo: Yes, sir, this is a second reading. You may remember that Commissioner Plummer requested to have Jefferson Avenue closed, or at least a plan of Jefferson Avenue closed. This is on 28th Street, just south of Dixie Highway, South Dixie Highway and the issues were that you approved it... Mr. Carollo: Moved. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, do you want to... Mr. Bob Yitzsiamons: Could w►e have discussion? 221 may 2o, 1"I Mayor Suarez: Yes, you are entitled to it. Briefly. Mr. Fitzsimmons: This is for the street closure now, this is associated with the rezoning on 28th Street. Mr. Plummer: What about the closure? Mr. Pierce: Well, Mr. Plummer. Mr. Olmedillo: I would defer to Public Works; please. Mr. Pierce: Public Works will deal with it, but the street closures on PZ-13- A, and PZ-13-B...When we went back and listened to record, there was a lot of confusion about what the actual instructions from the Commission was, so that we put both in. One of them deals with restriction of vehicle access at Jefferson Street at 28th Street, and the other one deals with vehicle to access at Jefferson Street at 28th Street by construction of movable landscape barriers. There is a little bit of difference. Go ahead. Mr. Campbell: One is temporary and one is permanent. That is, the idea there was with the temporary closure... Mr. Plummer: OK, there were two problems. One, was the traffic flow on Jefferson to 28th Street. Mr. Campbell: Yes, sir. Mr. Plummer: OK, that was one problem. The second problem was in relation to what is marked in blue. That is owned by the same owners that own the yellow. Mr. Pierce: Right. Mr. Plummer: And that in fact, that could not continue over. As I recall, the one foot lacking did in fact, stop any transitional use. Those were the two problems. So now speak to the closing. Mr. Campbell: As Mr. Pierce said, there was some confusion as to what the instructions really were, so we prepared two resolutions, one constructing immovable landscape barriers across Jefferson Street at approximately the extension of the southerly right-of-way line of S.W. 28th Street, and the other was for temporary closure with movable barriers, which would allow for a review, or for an observation of the effectiveness of this. Mr. Plummer: Well, then, the question has to be, since the impetus is on the developer, that he has to pay for it. Is he willing to go on the record of putting the temporary to try it and the permanent of we agree to it? Mr. Stanley Price: Commissioner, Stanley Price, the law firm of Fine, Jacobson. To answer your question, we have not been furnished with any cost estimates. We can't give the City... Mr. Plummer: Stanley, come on. How much can those barriers cost? Mr. Price: Temporary barriers? Very little, I'm sure. Mr. Plummer: And permanent barriers? Mr. Price: I don't know, Commissioner. The answer to your question is yes, we will pay for it, Commissioner. Mr. Plummers Thank you, air. Mayor Suarez: That's more like it. Mr. Plummer: They will go steal their from Sanchez. All right, so where are we? Mr. Fitzsimmons: We have no opposition to that. We will waive the discussion. Mr. Plummer: If those two protections are there, as far as I am conc*rAed, the protection of the street, to block off the traffic, you are going to be 222 May 200 00 much better off, now. You can speak to that if you want. I would go along with the temporary barriers at the beginning, with a six month review and this Commission will determine whether or not they are adequate or not, and as far as I am concerned, the other concern that I had is resolved by rezoning all but the one foot, and it eliminates the transitional use, I am in accord. Mr. Dawkins: I second. Mayor Suarez: Is that a motion? Mr. Plummer: Unless anybody else wants to speak. Mayor Suarez: Moved and seconded. Yes. Mr. Fitzsimmons% Just dealing with the traffic, the street closures, I have no discussion. The rezoning, I do. Mrs. Dougherty: You just moved 13-A. Mayor Suarez: Well, yes, lets just move 13-A, and then we will go back to 11, 12, and whatever. Mr. Plummer: All right, I move 13-A. Mayor Suarez: And it has been seconded. Any discussion? Call the roll. Mr. Plummer: Let's make it a six month review, rather than 90 days, yes. Mayor Suarez: Call the roll. Mr. Plummer: That eliminates the 13-B, right? Mayor Suarez: Call the roll on 13-A. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-518 A RESOLUTION AUTHORIZING AND PERMITTING THE RESTRICTION OF VEHICULAR ACCESS TO JEFFERSON STREET AT S.W. 28 STREET ON A SIX (6) MONTH TRAIL BASIS BY CONSTRUCTING TEMPORARY BARRICADES ACROSS JEFFERSON STREET AT APPROXIMATELY THE EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF S.W. 28 STREET, SUBJECT TO CITY COMMISSION REVIEW AND PROVISIONS CONTAINED WITHIN THIS RESOLUTION. (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 Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy NOTE FOR THE RECORD: ITEM PZ-13-B WAS WITHDRAWN. I 5i. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF CHANGE OF PLAN DESIGNATION AT 2606-2630 S.H. 28 STREET FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL - OFFICE (See label 856 A 859) ---------------- Mr. Olmedillo: Item 11 is the second reading of the plan amendment, which corresponds to that particular property, and item 12, is the zoning change, the actual zoning change, minus the southern one foot. Mr. Plummer: Tell me again what 11 does? Mr. Olmedillo: It's the plan amendment. Mr. Plummer: The amendment to the district. Mr. Olmedillo: No, the comprehensive plan amendment. Mayor Suarez: Plan, plan, not plat. Mr. Plummer: And 12 speaks to the change of zoning. Mr. Olmedillo: To the zoning change itself. Mr. Plummer: Right, OK. Mayor Suarez: Nowadays, every zoning changes in two items, instead of one, because of the wisdom of the State legislature. Mr. Plummer: Yes, well, let we tell you, that's going to be very, very difficult in the future, because it is going to cost this City a bundle of money, because you are going to have to amend it in groups in this City, where in some little city like Eustis, they maybe have one zoning change a year, and it is no problem. Mayor Suarez: Maybe we will stop rezoning properties. Mr. Plummer: OK. Mayor Suarez: Do you want to make any statement on the record on that, before we vote on PZ-11? Mr. Bob Fitzsimmons: Yes, sir. While we don't adamantly oppose the rezoning of that area, we are concerned that the same developer oras what is marked 19, which is white, and 20 which is blue. He has approached the residents, number 18, who want to live there and don't want to sell. He says if they don't sell now, they will sell when there is a parking lot next to them. What we are concerned about is that Andros stays residential, that that whole block doesn't become one unit under one developer. Mr. Plummer: That's why we are doing what we are doing. Mr. Fitzsimmons: I'm not sure that the one foot is going to do that. He owns both sides. Mr. Olmedillo: That would prevent from an application, unless they have 200 feet. If they have 200 feet of frontage by the ordinance, they can apply for a zoning change. Mr. Plummer: And that would have to coos back before us. Mr. Odio: That would have to come back before this City Comission and any special exception, which will be the off site parking issue, which he In addressing, would be through a special exception, which In another public hearing. Mr. Plummer: Yes, but also, isn't a fact that if they had 200 foot, they could approach us regardless of 28th Street. Mr, Olmedillo: Anywhere. Anywhere in the City, 224 may to's 1907 t] Mr. Plummer: They could do that without whatever we are doing on the item 12, anyhow, if they had the 200 feet. In other words, if we were not addressing 28th Street right now, and they came in - and they have the right to come in with an application if they have acquired 200 feet - that is their right, and you will have to address that at the time if, in fact, they acquire it and if, in fact, they come in with an application. Mr. Fitzsimmons: So you are saying: as passed, they will not be able to do anything other than residential use on those lots on Andros? Mr. Plummer: No, air, I am not saying that to you. What I am saying to you is, that as a matter of right - forget about this application before us on 28th Street, - if they, tomorrow, acquire 200 front feet on Andros, they have every right in a separate application to come here and it is up to this Commission to decide whether or not they would approve it or disapprove it, OK? I think in my estimation, you are a step ahead of the game when you cut them off at the pass with that one foot. Now, that is just my opinion. Mr. Fitzsimmons: I'd like to get two steps ahead of the game, or contract zoning... Mr. Plummer: I don't blame you for trying. Mr. Fitzsimmons: Yes, I would prefer to see them give a voluntary covenant on that land that they won't use it for anything else. Mr. Plummer: You can askl Mr. Fitzsimmons: In other words, I have to ask the Commission to deny the change unless he submits that. 58. ALLOCATE $19,002 TO PURCHASE 200 UNIVERSITY OF MIAMI FOOTBALL TICKETS FOR UNDERPRIVILEGED INNER CITY YOUTH. Mr. Carollo: By the way, excuse me, I just got a call from I have to do this. We are late, I am sorry. I just need to get a consensus f rom the Commission if they want to buy tickets for this year to give to some of the Inner school kids for the University of Miami football games. We have to give them an answer now. Mr. Plummer: Well, I would be in favor of whatever we did last year. Mr. Carollo: Well, we bought the 200 last year. The only thing is, the price has gone up. I think we spent about sixteen thousand last year with two hundred per game. They were passing out to the Inner school kids. It has gone up to 419,002. Mr. Plummer: Hey, you want my opinion? I have no problem with it. Mr. Carollo; Ok. Moved. Mr. Plummer: We are in effect, we are helping... two edged sword. We are helping the University of Miami in the Orange Bowl, and we are helping the Inner City kids. Mr. Carollo: Right. Mr. Plummer: I have no problem with it. Mr. Carollo: Move the motion then. Mayor Suarez: Moved and seconded, any discussion? Call the roll. Mr. Carollo: It is 200 tickets at $19,002. Two hundred tickets per gams. 225 May 280 1987 T The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-519 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $19,002 TO PURCHASE 200 UNIVERSITY OF MIAMI FOOTBALL GAME SEASON TICKETS TO BE DISTRIBUTED AMONG THE UNDERPRIVILEGED INNER CITY YOUTH IN MIAMI. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 59. SECOND READING ORDINANCE: CHANGE OF PLAN DESIGNATION AT 2606-2630 S.W. 28 STREET FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE (See label #56 & #57) Mr. Plummer: I will move on second reading, PZ-11. Mayor Suarez: Steven. So moved. Mr. Plummer: I'm sorry, did you want to speak? Mr. Steven Cooke -Yarborough: Yes, sir. Mr. Plummer: Oh, I am sorry, I withdraw. Mr. Cooke -Yarborough: Yes, sir, just for the record, Steven Cooke -Yarborough, 3555 Crystal Court. The notice for the first and second readings have the name of the applicant, which yesterday was changed. I think it should be noted on the record that the applicant now in fact, is not the applicant that was shown on the first and second reading notices. Thank you. Mr. Plummer: For the record, would you please, the Administration, tell me what the hell is going on? Mr. Dawkins: Mr. Pierce. We just had a statement made. We need to know if it is true or not, that the applicant... Mr. Plummer: Who is, in fact, the applicant? Mr. Price: May I, Commissioner? Mr. Plummer: Yes, sombody better! Mr. Price: All right, let me explain. At the time of the filing of the application, the property was owned in a partnership with Mr. Ralby owning 85 percent of the property and a Miss Allen owning 15 percent of the property. Subsequent to the filing of the application, Mr. Ralby purchased the additional 15 percent owned by Miss Allen, so Mr. Ralby now owns 100 percent of the property. It In the sas:e... Mr. Ralby was the general partner, he is the controlling interest and Mr. Ralby In still the owner of the property, and that In the change. Mayor Suarez: Madam City Attorney, does that change in any way the legal standing status create any problems? !Mrs. Dougherty: No, sir. N 226 may 280 loci ; : Mayor Suarez: OK. Ever vigilant! Mr. Plummer: Cooke -Yarborough, what was the point you were trying to make. Was there a point you were trying to make? Mr. Cooke -Yarborough: Just that... Mayor Suarez: Just to confuse us a little bit. Mr. Cooke -Yarborough: No, no. Actually, the information I was given by the former partner was that she severed the partnership 20 months ago, so that I don't know whether this application was in fact made 20 months ago. It is just a question of trying to get things correctly presented to you gentleman. Mr. Plummer: Thank you, sir. Mayor Suarez: Thank you. Mr. Plummer: Is there any other startling developments? Mr. Michael Marmesh: My name is Michael Marmesh, I live at 2539 Andros, and I am the gentlemen who was told that I would have a parking lot put next to me on the two lots that Mr. Ralby owns and I kind of question his motives on whether or not those are going to stay residential office buildings on the other side of the block. I think his intention is to keep it that way. I'm mad. I feel pressured. Mayor Suarez: You are right again. Mr. Marmesh: I feel pressured from the 27th Avenue development, from the 28th Street development. I feel like I am getting it from all sides, plus at the office. I'd like just to go on record... Mr. Plummer: Well, let me ask on the record. Can they put a parking lot on the back side? Mr. Olmedillo: They can apply for it, but they must come for a public hearing for a special exception, off site parking. Mr. Plummer: Before this Commission? Mr. Olmedillo: No, special exception, if gets appealed to you after the Zoning Board makes a decision, then it comes to this Commission. Mr. Plummer: But, in other words, they just can't automatically buy the property and put a park lot? Mr. Olmedillo: And pave it and stripe it, then can't. Mr. Marmesh: They already own the property. Mr. Plummer: Yes, but here again, it would be up... Mr. Marmeahs He told me to come around the corner and talk to him about dealing from my property, because he is going to put a parking lot next to me. Mr. Plummer: Well, he can't do it without a hearing. 11 Mr. Marmesh: Well, I just don't feel real safe! Mr. Fitzsimmons: He is probably just trying to avoid that right now. going for the rezoning. Let's get that settled, now. Mr. Plummer: That's why I asked the question. He is Mr. Fitzsimmona: If he is not going to come back, we don't have to come back. Hr. Plummer: Is there some misunderstanding in this vivid conversation that is going on over here? Can they put a parking lot there without a publio hearing? Mr. Olmodillot Bear with me a second and I will go to it. 227 May Zip 1907 1' i; T" Mr. Fitzsimmons: Mr. Plummer, while he is looking at that, what we are trying to do, whether or not he has to go to a public hearing, instead of bringing us back to a public hearing, it seems to be in agreement that nobody wants that done. And one way to accomplish that, and the only way to accomplish that, is to deny his request. If he gives a voluntary covenant with the land that won't do it, we'll have no objection to it, Nobody will have any objection to it have to come back to a hearing again. Mayor Suarez: I'll bring that. How about that from the applicant? No way? Mr. Olmedillo: Section 2018.4.1 it reads... Mayor Suarez: Wait a minute. Mr. Olmedillo: Reads: "Off site parking on non-contiguous lots." And it says: "Special exception required when lots are in transitional areas of residential district, except in circumstances set forth in section 2018.3 A special exception shall be required with lots other than adjoining or abutting as described in 2018.2, are proposed for off site parking facilities, required, or otherwise serving in principal use, residential, or other, for which off site parking may be authorized in such transitional area of a residential district." Mr. Plummer: Is the answer yes or no? Mr. Olmedillo: The answer will be... Mr. Dawkins: What is the answer? Mr. Olmedillo: The answer, as I read from here is that you need a special exception to have off site parking. Mr. Plummer: Madam City Attorney, do you concur? Mrs. Dougherty: Yes, sir. Mr. Fitzsimmons: Mr. Plummer, and the Mayor, excuse me... Mayor Suarez: Wait a minute. There are only three of us here? No one else in the room? I am going to want that voluntary covenant, if we can get it, for my vote. Mr. Price: Mayor Suarez, I might point out to you, we are willing to give a covenant to the fact that we would not put a parking lot there without a public hearing. I read the code require a public hearing, but to ask us to contract away something which ten years from now, if Andros Avenue, for whatever reason, changes in its character, we are stuck in a situation where... Mayor Suarez: For example, if I am defeated in my reelection... Mr. Price: I am not... hopefully, that will not happen, but I am saying that you are asking us... Mr. Plummer: Wait a minute now, you might gain one vote and lose a lot of others. Mr. Price: I honestly don't fear... Mayor Suarez: You don't want to make a commitment for life is what you are saying. Mr. Price: That is correct, but we will give a covenant that we will never seek parking on that site without coming back to a public hearing. Mr. Plummer: You have got to do that now, anyhow. Mr. Price: That's correct, and I don't think it is fair to contract away right that every other citizen in the City of Miami has. Mr. Fitzsimmons: Mr. Mayor, with your permission... F 228 may ago 1887 s Mr. Plummer: Whoa, whoa. Maybe we can get the best of both worlds. How About it says, for ten years, the covenant; that runs with the land, four or five years, or 133 years, or...? Mr. Fitzsimmons: What he offers as a covenant is what the law is now, so he is not offering anything. Mr. Plummer: Well, the point of it is well taken. if the character of that street does change, he has then given up his right to enjoy the new character of the street, OK? You might die and move and your neighbors might die and move and Mr. Marmesh might not have any more veterinarian to take care of, or he wants to take care of the panthers in the Everglades, or whatever. You are asking for this man for infinitum to give up that privilege that he might enjoy someday with your, you know, application. I see the unfairness there. Now, if he wanted to do that, I think your protection is there to the point of it being a public hearing, OK? But, if you wanted to do it, and I am told you can do it for a number of years... Mr. Fitzsimmons: Sir, what I might suggest is the Planning Department can give us an expectation of when they would expect that street to redevelop and make it for that time period. Mr. Joe Calay: Mr. Mayor, with your permission. Mr. Plummer: No, he is trying to put the hot potato on you, that is what he is trying. Mayor Suarez: We have had enough differences with the Planning Department. We are not going to let them make all the policy decisions. Go ahead. Mr. Calay: Mr. Mayor, we have heard comments about people's acquired rights in the future. As you know, many of us have been in the area for years. Andros Street might be a perfect example for that thing that we don't have in the zoning in Coconut Grove, and that is to use existing structures without expansion for office type uses that are acceptable to the neighborhood, so that the people who live in the neighborhood have a transitional buffer. It looks like a house, it doesn't generate the traffic that the rest of the buildings would generate, and it gives the man a transitional use. In 10 or 15 years, when the pressure is go great, he canes back in and the next street goes to transitional use and he gets the rest of his building, and that is what we have seen in the Grove, and while we don't have it in the book, I think it something that should go in the book so that people will know. When you buy a house, you may not have it for a lifetime, like Mr. Patone had hoped. You may not have it for a lifetime like the lady who lived at 3000 Aviation Avenue. Well, she did, she died before it got rezoned. Her estate rezoned it, and I think that this is another perfect example of the need for that kind of transitional zoning in the ordinance for Miami. Thank you. Mr. Price: Mayor, against my advice, my client is willing to make a covenant with the City that no requests will be made for public hearing for a period of 24 months after the approval, which I think is giving up much more rights... If this gentleman is willing to say on his property that he will.. Mr. Dawkins: Twenty four months or 24 years, which is it? Mr. Price: Twenty-four months, Commissioner Dawkins, two years. Mr. Plummer: Well, you all argue it out, because at this point, you are not 'a going to win. The Mayor has said the only way you are going to get his vote In, in fact, to give the covenant that you will not. Now there is... '{ Mr. Martin Fine: No, I think he said that before we offered this. Mr. Plummer: Well, Marty, OK, I am not speaking for the Mayor, but what I am saying In, there is three votes here. Any one negative vote, you lose, OK? Mr. Fine: Mr. !Mayor and members of the Cossmission, for the record, my name is Martin Fine. I know it has been a long day for you all, and I apologize. We've been here since about S OO o'clock and I understand their concerns, but It is really seems to be inappropriate to take awn a basic yy property right that a taxpayer has. Mir. Plummer, I've board you and the Comissioa for yeors ti _Y :. 229 Nay 28 V�P11 say that guard you want against all these things is to come back to the Commission. Your staff has said you have to. We are giving you a covenant. We have to come back. Mr. Plummer: Don't speak to Mr. Plummer. Mr. Fine: Excuse me. Mr. Plummer: I feel adequately protected with the demand that they would have to come back for a hearing. Mr. Fine: Mr. Mayor, Mr. Dawkins, I would think that that would be satisfactory, in keeping in good faith, in order to insure if they saying they won't even come back to the Commission for two years. I think that is going more than they really should go from counsel's advice, that is Stanley Price, who understands this ordinance a lot better than I do, and we would be grateful if you would consider that as a sign of good faith. Mr. Dawkins: I agree, I appreciate it, and I like everything you say, but in two years I have to run and these people have to vote for me, so I don't have much choice, Marty. Mr. Fine: Well, I have to vote for you too, because I live in the City. I'm a taxpayer, I've lived here forty years. You know, this business about who votes for who, that sort of gets me a little bit. And you know, whatever you all want to vote, that's fine. I live in the City, I pay taxes in the City in more ways than just dollars. And some of these folks in the Grove, they have as much right as I do, but I have much right as they do, and whatever you all want to do, you are going to do it. Mr. Plummer: Well, my motion is still on the floor, and that is to approve it. I think the adequate protections are built in. In effect, what you are saying is, that you don't put any faith in future Commissions, and I do, OK? I do. Mr. Marmesh: I... it is not the Commissioners. Mr. Plummer: Excuse me, Mr. Marmesh? Mr. Marmesh: It is not the Commission, it is the developer. I mean, he's going to have.... Mr. Plummer: No, sir, it is not, because this Commission would have to approve it, that's the key! Mr. Marmesh: But, what happens if he gets the two lots on 28th Street? He's been after the lot on the other side of the blue property too. What happens...? Mr. Plummer: No, sir, he can't. Mr. Marmesh: What if he comes around the corner that way? He owns four brown ones. He has been trying to get the ones on the other... Mr. Fine: I would like to try to answer that if I may. Your staff has told you, we are telling you, even if weren't here today and had 200 feet, he, or any other taxpayer, citizen, property owner, can come before this Commission. The guard is, you have tocome before the Commission. Mayor Suarez: Marty, will your client agree to five years? Mr. Fine: I don't know what he will agree to. Mr. Marmeahs He told me he was planning to, his project was projected.... Mayor Suarers Well, we are going to hold him up for at least five years, the way things are going, here. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suare>ss I'm a little concerned to about the fact that we don't have a full Commission and this is a second reading of something. There was no,.. 210 may IU, 1907 Mr. Dawkins: What did he say, Marty? He said no? Mr. Fine: I would recommend to him that he try to go for three years and we'd accept the compromise. Mr. Dawkins: All right, we'll go for the three, I go for the three, no problem. Mr. Fine: Is that all right with you? Fine, he is shaking his head "yes" Let the record show he shook his head "yes" Mayor Suarez: And that in any event, although I think it is clear and it would have to come to a public hearing, if... Mr. Fine: In a covenant, it would have to come to a public hearing. Mayor Suarez: Right, just in case there's any concern about that interpretation. Mr. Dawkins: Second the motion. Second J. L.'s motion. Mayor Suarez: You just changed your motion, it sounds like. Mr. Plummer: I did? Mayor Suarez: Well, he seconded it. Mr. Dawkins: Seconded it for three years. Mr. Fitzsimmons: May I address the Commission? Mayor Suarez: At the risk... Mr. Fitzsimmons: In other words, we are saying... Mr. Plummer: Well, you know, I don't want to be a bad guy and vote against that motion. Mr. Dawkins: Well, then, that kills the whole damn thing. Then go to the next motion. Let's go home. Mr. Plummer: Yes, but I just think it is unfair. I really think it is unfair. Mr. Fine: But he has agreed to be unfair to himself, so if you would help us by voting for it. Mr. Fitzsimmons: Well, the unfairness... He is already asking for an exception in those four lots. We are conceding that. Mr. Dawkins: No, but you see... Mayor Suarez: No, we know... Mr. Dawkins: We are trying to most a middle of the road, OK? Mr. Fine: Exactly. Mr. Fitzsimmons: I understand that sir, and I appreciate that. Mr. Dawkins: All right now, like J.L. said, we are going to be here, OK? Mr. Plussser: Fine. Mr. Dawkins: All right, and we can't please everybody, so what we are saying. Iin saying, I an going to take a middle of the road. I don't care who like it, or who dislike it, see? Mr. Fine: Exactly. t (` Mr. Dawkins: But, I am going to try to do what i think is beat for the total City of Miami. Now, the gentlemen, we started out with nothing, he gave two, OK? You were dissatisfied, all right? Then the gentlemen gave three, you are still dissatisfied, OK? So now, I ask for five, and you go for five, and the gentlemen say no, so we have got a middle of the road, we got three, so I mean, somewhere along the line, we just have to do something up here, because in nine more minutes, we are all going home. Mr. Fine: Thank you for your courtesy. Mr. Plummer: I move item 11... Mayor Suarez: With that... Mr. Plummer: ...with the amendment. Mr. Dawkins: Wait a minute, J.L. didn't make a motion. We don't know what we are doing here. Mayor Suarez: No, he just moved it, with the amendment. Mr. Plummer: I am making a motion in accepting the amendment. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Mr. Plummer: I'm sorry, the amendment should be on 12. I move item 11, as presented. Mayor Suarez: Item 11 has been moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 2606-2630 SOUTHWEST 28TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) EXCEPT FOR A ONE FOOT STRIP ON THE SOUTH END BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW DENSITY RESIDENTIAL USE TO RESIDENTIAL OFFICH USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. f Passed on its first reading by title at the meeting of !larch 31, 1987, was taken up for its second and final reading by title and adoption. On motion of i 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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez t; - i NOES: None. ABSENT: Commissioner Rosario Kennedy Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10276. 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: Item 12. 202 May 240 1007 ks Mr. Dawkins: Wait, let me say this, gentlemen regardless of when they come, see, I am going to tell them now, I'll be voting no parking lots, OK? But he has that right to come before this Commission. Now, whether anybody else will be voting with me, I don't know, but let's don't deny him the right to the public hearing, that's alll Mr. Fine: We respect that, Mr. Dawkins, and we thank you for it. Mayor Suarez: He is going to have a tough time, because there is two of us that are going to vote no on that, so he is going to have to... Mr. Dawkins: If we are herel Mayor Suarez: If we are herel Mr. Dawkins: That's right, we may not be here. 60. SECOND READING ORDINANCE: ATLAS CHANGE FROM RS-2/2 TO RO-1/4 WITH SPI-3 OVERLAY AT 2606-2630 S.W. 28 STREET (See label #59 for amendment) Mayor Suarez: We haven't voted on 12. Mr. Plummer: I move item 12 as amended. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Call the roll, read the ordinance. AN ORDINANCE ENTITLED - 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 2606-2630 SOUTHWEST 28 STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) EXCEPT FOR A ONE FOOT BUFFER STRIP ON THE SOUTHERLY PROPERTY LINE OF SAID PROPERTY FROM RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO RO-1/4 RESIDENTIAL OFFICE WITH THE SPI- 3 OVERLAY DISTRICT, BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 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 March 31, 1987, 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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10277. 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. Mr. fines Gentlemen, thank you for your patience and consideration. 233 Noy 20 4 Yw r::= - .._.ti._.:,,:�%en�YkE�a emu.._✓.'kr +.:�,� . �:... , r, :<A,, _� kt� " a.c,�:'3ft, ...?a:.�...._.,.,�dit:..�ii�'' .11 NOTE FOR THE RECORD: Commissioner Plummer acknowledged receipt of a check for $250,000 in a letter from the Port of Miami. 61. FIRST READING ORDINANCE: AMEND ORDINANCE 9500 BY CLARIFYING THAT ALL PROPOSED WORK ON A STRUCTURE REQUIRE PERMITS. Mayor Suarez: Joe, you are at the mike expecting us to do something there, in the last six minutes. Mr. Joe McManus: PZ-23 is non -controversial. Mr. Pierce: That one's not controversial? Mayor Suarez: This is not another one of these unnecessary Planning Department things that Sergio got sick conveniently for, is it? Mr. Pierce: The problem here is with 23, we can't take people to the Code Enforcement Board for building without a permit, because it is not in the zoning ordinance. The first thing that does is put that requirement in the zoning ordinance and the second part of it conforms the billboard distances to State regulations, so we don't have that conflict. Mr. Plummer: So move 23. Mayor Suarez: Moved on first reading, 23. Mr. Dawkins: Seconded. Mayor Suarez: Seconded, any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 2 ENTITLED "APPLICATION OF REGULATIONS", SECTION 200 ENTITLED "ZONING AFFECTS ALL LANDS, WATERS, STRUCTURES, USES, AND OCCUPANCIES"; AND ARTICLE 34 ENTITLED "ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES," SECTION 3402 ENTITLED "ZONING REQUIREMENTS, PROCEDURES, LIMITATIONS, AND ACTIONS ON BUILDING PERMITS" TO CLARIFY THAT ALL PROPOSED WORK ON A BUILDING OR STRUCTURE MUST BE PERMITTED BY BUILDING PERMIT AND ALL COMPLETED WORK MUST BE FOUND TO BE IN CONFORMITY WITH ZONING REGULATIONS; AND ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS", SUBSECTION 2106.15.2 AND PARAGRAPH 2O26.15.2.1 TO CONFORM THIS DISTANCE REQUIREMENTS BETWEEN LIMITED ACCESS HIGHWAYS AND OUTDOOR ADVERTISING SIGNS WITH THE STATE OF FLORIDA REQUIREMENT OF 660 FEET; AND RENUMBERING SUBSECTION 2106.15.2 TO 2026.15.21 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote- s 2$4 AYES: Commissioner Miller J. Dawkins Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy 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. 62. DISCUSSION AND DEFERRAL OF PROPOSED FIRST READING ORDINANCE (AMENDMENT 'Q-21) PARKING LIMITATIONS ON BOATS IN FRONT YARDS. Mr. Plummer: What about item 24? Mayor Suarez: 24 apparently was a Commissioner Carollo item. He is not here. This is the boats in the front yard issue again? Mr. Plummer: That is what I want to deny. I move to deny 24. Mr. Dawkins: Second. Mr. Plummer: Deny 24, not to allow boats, of any kind being parked in front yards. Mr. Dawkins: Second. Mr. Odio: (OFF MICROPHONE) Hey wait a minute. What about my boat? Mr. Dawkins: You take it to your rowing club. Mayor Suarez: I would strongly suggest... Mr. Plummer: Not until you purchase liability insurance. Mayor Suarez: I would strongly suggest we wait until we have a full Commission on that. Mr. Plummer: I'll agree with that. Mayor Suarez: Very good. Mr. Sanford Cohen: Excuse me. Mayor Suarez: Otherwise, it might not pass. Mr. Plummer: Commissioner Carollo wants to speak on it? Mayor Suarez: Yes, the other reason is that otherwise it wouldn't pass. Mr. Cohen: Excuse me. Mr. Plummer: We've got to do Dinner Key. Mr. Cohen: Excuse me, on a point of order. Mayor Suarez: Yes, point of order. We haven't had one of those in a while, but go ahead. Mr. Dawkins: What do we have to do on Dinner Key? W It On i Y sir 4 us ou time bayor Suarea: a t, omm ss oner. es, , g y r nas:e one wore Mr. Goheas Could you clarify... 1 will... please clarify what wan acted upon concerning 24? 235 May `200 1907 ,tip: w Mayor Suarezt No, please put your name in the record so we know... Mr. Cohen: Sure, Sanford Cohen. Mayor Suarez: night, so we can... Mr. Cohen. Mr. Plummer: And your address? Mr. Cohent You know my address. My address has been on the record for a good ,. while now. Mayor Suarezt Mr. Cohen, please give us your address. Mr. Plummer: Sir, it says, "Give your name and mailing address." Mayor Suarez: I am taking you out of order because you said it is a point of order. Please give us your address. Mr. Cohen: S.W. 15th Street, at 1510. Mayor Suarez: 1510. Mr. Plummer: No, that's... 1510 S.W. 15th Street? Mr. Cohen: No. 15th Street, at 1510. Mr. Plummer: That's not a mailing address. The ordinance requires that you give a mailing address. Mr. Cohen: A house number and a street, and a section. Direction is not a mailing address? Mr. Plummer: No, sir, that is not a mailing address. You have a number attached to your house. Mr. Cohen: I said it 1510. Mr. Plummer: S.W. 16th Street. Mr. Cohen: No, it is 1510 S.W. 15th Street. That's what I said. Mr. Plummer: OK, that's fine. Now, proceed, that is all! That was painless. Mr. Cohen: Not necessarily. Would you Mayor Suarez: Well, we may have to notify you. There are all kinds of i` reasons, go ahead. Mr. Cohen: OK, clarify what was decided, or commented on for item 24? Mr. Plummert Item 24 was deferred, air. Mayor Suarez: Deferred. Mr. Cohent PZ... OK, I have a point of order concerning that item. Mr. Plummer: You mean at such time as it is brought up? The item is not a going.... Mayor Suarezt Let's see if it is a point of order. What is the point of `! order, Mr. Cohen? Mr. Cohen: Well, the item was brought up, it started at 9:00 o'clock. 4- is M Mr. Dawkins: Well you all hear it. Good night! Mr. Cohen Thank you. The application for Planning Advisory Board public 7 ! hearing states that all the documents... y4 Mr. Plummer: Dawkins, we have got to Dinner Key. i{ x£ Mr. Cohen: All the documents would have to be available at the time of application. That was violated by the Planning Department and I have a time stamped proof of that. Mayor Suarez: So to take care of your point of order, it is just as well that we are not handling it tonight. Mr. Cohen: Well, the thing is that I requested... Mayor Suarez: Well, I am sorry, whatever you need to have before this item is finally taken up by the Commission, if you can't get it from the City, get from my office. We will get it for you, OK? Mr. Cohen: That's not the problem. Mayor Suarez: Well, what's the point of order then? Mr. Cohen: The point of order is that I asked at the Planning Advisory Board meeting that the matter be deferred on that level until proper steps are taken. The City Attorney stated, gave me a reason why my request was invalid and I would ask that you ask the City Attorney to specifically cite the authority that substantiates her opinion which I disagree with. In other words, I think this matter should be back before the Planning Advisory Board. Mayor Suarez: You have a very complicated point of order and I will ask the City Attorney between now and when we hear this matter to get back to me on it, and you are welcome to call my office to make sure that we have an answer on that. How is that? We can't decide it now and I don't even understand the question now, but I can get her to give us an answer on your question, whatever it is you needed, at what ever level you needed it, and we will get your question clarified, I think. Mr. Cohen: Thank you. 63. PROCEED TO ADVERTISE FOR BIDS FOR DINNER KEY MARINA PROJECT. Mayor Suarez: Have we lost a quorum? Mr. Plummer: Mr. Mayor I move the following motion, that this Commission has reviewed with the director of Public Works the Dinner Key Marina project and we allow them to proceed with the bid. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Mr. Plummer: To receive the bid, to go out to bidding, to advertise for bids. Mayor Suarez: That's the term. Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-520 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO PROCEED TO ADVERTISE FOR BIDS IN CONNECTION WITH THE DINNER KEY MARINA PROJECT. Upon being seconded by Commissioner Dawkins, the motion Man passed and adopted by the following vote- f� y 237 logy to. 1907 4 4 AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy 64. FIRST READING ORDINANCEt PROVIDE FOR APPLICATION FOR DEVELOPMENT PERMITS ON FILE BEFORE EFFECTIVE DATE OF LEGISLATION AFFECTING THE REQUESTED ACTIVITY. Mr. Pierce: Mr. Mayor and members of the Commission. The Commission directed us to do something to take care of those five clustered permits that got caught in abyss when we repealed it, item 27. It is only for first reading. Would you... Mr. Plummer: I stove item 27, we can... Mr. Dawkins: Second. Mayor Suarez: Seconded, read the ordinance. Mr. Plummer: Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3405 ENTITLED "STATUS OF BUILDING PERMITS OR CERTIFICATES OF USE ISSUED PRIOR TO ADOPTION OR AMENDMENT OF ORDINANCE." BY ADDING A NEW SUBSECTION 3405.3 ENTITLED "STATUS OF APPLICATIONS FOR DEVELOPMENT PERMITS"; PROVIDING FOR THE ACCEPTANCE AND PROCESSING OF ALL APPLICATIONS FOR DEVELOPMENT PERMITS PROPERLY ON FILE WITH THE CITY ON OR BEFORE THE EFFECTIVE DATE OF ANY LEGISLATION REPEALING OR MODIFYING REGULATIONS WHICH ALLOW THE REQUESTED ACTIVITY; PROVIDING GUIDELINES AND DEFINITIONS; PROVIDING FOR RETROACTIVE EFFECTIVE DATE; AND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy 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. 238 nor, 28i 4887 0 . 0 65. CONTINUANCE OF ALL ITEMS NOT CONSIDERED IN THE AGENDA OF MAY 28TH TO THE COMMISSION MEETING OF JUNK 25, 1987. Mr. Plummert I move at this time that all matters not considered before this Commission tonight be continued to June 28th. Mayor Suarez: So moved. Mr. Dawkinst Second. Mayor Suarez: Moved and seconded, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-521 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTINUE ALL ITEMS NOT CONSIDERED IN THE AGENDA OF MAY 28, 1987 TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 25, 1987. Upon being seconded by Commissioner Dawkins, the emotion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy == BEING NO PUIUNER BUSDOW TO COMB 2= CM CMUISSION, ffi NESTING WAS AD3WFMBD AT 9:02 P.M. Zawier L. Suarez N A T O R ATE=& Natty Hirai CITi CL.M Walter J. r0exian INCOR _� 96 j r � CITY OF MIAMI DOCUMENT INDEX MMnWaffft MAY 28, 1987 PAGE 1 OF z_,,,_ "It, :I "a ro�w� • a•• • APPROVE TRANSFER OF BALANCE OF SWIRE BISCAYNE GRANT FOR EAST LITTLE HAVANA SITE TO BARNETT BANK OF SOUTH FLORIDA. AUTHORIZE PURCHASE OF PARCEL 25-H WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA. DESIGNATE ALBERT RUDER AS MEMBER OF REVIEW COMMITTES TO EVALUATE PROPOSALS FOR UNIFIED DEVELOPMENT OF THE 2640 SOUTH BAYSHORE DRIVE PROPERTY. ACCEPT PLAT: J & S OAKS. AUTHORIZE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC. AND CIRCA/BARNESS/SAWYER FOR CONSTRUCTION OF PARCEL 55 OF OVERTOWN/PARK WEST AUTHORIZE ALCOHOL PERMIT FOR "MIRACLE LUNCH BRUNCH" CONDUCTED BY BUILDING OWNERS AND MANAGERS ASSOCIATION OF GREATER MIAMI. AUTHORIZE AGREEMENT WITH RICHARD WEISBERG FOR ZONING SERVICES PERTAINING TO UPDATING ZONING ORDINANCE 9500. ALLOCATE $18,284 FOR FUNDING UPDATE OF ZONING ORDINANCE 9500, NEGOTIATE AND EXECUTE AGREEMENT WITH SHEPPHERD• LOBE, COSTA FOR PREPARATION OF CITY OF MIAMI MARKETING; PROMOTION AND INFORMATION PACKAGE. AUTHORIZE NEGOTIATIONS WITH MIKALOW, INC. FOR ISSUANCE OF REVOCABLE PERMITS FOR TEMPORARY MOORING OF GALLEON AT PIER PARK. ALLOCATE $25,000 TO CARIBBEAN/ CENTRAL AMERICAN ACTION INC FOR CONFERENCE "STRATEGIES FOR ECONOMIC DEVELOPMENT:TELECOMMU NICATIONS IN THE CARIBBEAN BASIN". FORT BRIDGE. • (RESOLUTIONS) 87-482 87-483 87-484 87-485 87-486 87-489 87-490 87-491 87-492 87-493 { 87-495 87-502# a a DOCUMENT INDEX PAW.Z_ OF= May 28, 1987 DOCLU NT DENT' "TM RE I REVAL CODE NO. AGREEMENT WITH JOYCE MEYERS AS PLANNING CONSULTANT. 87-504 ORDER "LOADING SIGNS" REMOVED PRESENTLY IN FRONT OF W.O.C.N. RADIO STATION FOR A 60 DAY STUDY. 87-506 ADMINISTRATION TO COME BACK IN JULY WITH RECOMMENDATION CONCERNING W.C.O.N. PARKING AS WELL AS OTHER AREAS OF CONCERN 1 87-506.1 AFFIRM ZONING BOARDS DECISION TO GRANT SPECIAL EXCEPTION FOR ADULT CONGREGATE LIVING FACILITY AT 50 S.W. 32 COURT ROAD. 1 87-511 APPROVE IN PRINCIPLE THE DOWNTOWN WATERFRONT MASTER PLAN AREA FROM PORT BOULEVARD TO I-395, BETWEEN BISCAYNE BY AND BISCAYNE BOULEVARD 87-515 AUTHORIZE TEMPORARY BARRICADES ON 90 DAY BASIS TO CLOSE JEFFERSON STREET AT S.W. 28 STREET 87-518 r: aY x M1 �� n � P t 4