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HomeMy WebLinkAboutCC 1988-07-21 MinutesCITY OF :�:.AMI *' 1NC0K1' PIRATED 18E96 �Q,FI,O COMMISSION MINUTES OF MEETING HELD ON JULY 21, 1988 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JULY 21, 1988 ----------------------------------------------------------------- ITEM SUBJECT LEGISLATION PAGE NO. NO. ---------------------------------------------------------- 1. REAPPOINT CERTAIN INDIVIDUALS TO THE R 88-676 1-3 DOWNTOWN DEVELOPMENT BOARD (APPOINTED 7/21/88 WERE: MARTIN FINE, ESQ., THOMAS POST, TONY ALONSO, MIRIAM LOPEZ AND E. EVONNE RAGLIN.) 2. APPOINT 8 INDIVIDUALS TO THE DOWNTOWN M 88-677 3-5 AUTHORITY BOARD (APPOINTED WERE: DAVID 7/21/88 ROSNER, ESQ. AND MIJEL BRAZLAVSKY). 3. AUTHORIZE ISSUANCE OF BIDS REGARDING R 88-678 5-7 CONSTRUCTION, ERECTION, INSTALLATION, 7/21/88 REPAIR AND MAINTENANCE OF BUS SHELTERS - AUTHORIZE NEGOTIATION OF CONTRACTS. 4. BRIEF COMMENTS BY CITY MANAGER IN DISCUSSION 7-8 CONNECTION WITH TOXICOLOGY TESTING 7/21/88 SERVICES TO BE RENDERED TO THE CITY FOR NEW HIRES - CITY MANAGER CONSIDERING THROWING OUT SAID BIDS IN FAVOR OF IN- HOUSE PRE -EXAMINATION. 5. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 8 SPECIAL ITEMS. (COMMENDATIONS PRESENTED 7/21/88 TO MOST OUTSTANDING OFFICERS OF THE MONTH: OFFICERS DAVID MAGNUSSON AND RAFAEL CHAN-MUY). 6. A. EMERGENCY ORDINANCE: AMEND SEC. 1 OF ORDINANCE 8-35 10347 - INCREASE APPROPRIATIONS FOR 10463 "ORANGE BOWL STADIUM MODERNIZATION M 88-679 PROJECT -PHASE I" OF $220,000. 7/21/88 B. APPROVE IN CONCEPT ORANGE BOWL MODERNIZATION PROJECT - PHASE II - STIPULATE MUST NOT EXCEED $16,000,000 - AUTHORIZE MANAGER TO GO OUT TO COMPETITIVE BID PROCESS FOR DESIGN (SEE LABEL 60). 7. EMERGENCY ORDINANCE: PROVIDE FOR ORDINANCE 36-48 CONSTRUCTION AND DEVELOPMENT OF A LATER CITY OWNED OFFICE BUILDING TO BE RESCINDED LEASED TO THE UNITED STATES 7/21/88 GENERAL SERVICES ADMINISTRATION - AUTHORIZE ISSUANCE OF $30,000,000 OF CITY'S RENTAL REVENUE BONDS - SERIES 1988 - PROVIDE FOR REPAYMENT OF SAID BONDS, ETC. (NOTE: THIS ITEM WAS LATER RECONSIDERED, REPASSED AND ADOPTED AS AN EMERGENCY ORDINANCE, AS PROPOSED - SEE LABEL 27.) 8. GRANT REQUEST BY THE HONORABLE M 88-680 48-52 MAYOR REBOREDO, MAYOR OF 7/21/88 SWEETWATER, FOR THE CITY'S PARTICIPATION IN THE "BRING TO JUSTICE REWARD FUND" PROGRAM. v r 9. DISCUSSION CONCERNING PROPOSED USE OF DISCUSSION SOLID WASTE DUMPSTERS FOR COMMERCIAL 7/21/88 ACCOUNTS (See labels 28 and 30). 10. BRIEF DISCUSSION IN CONNECTION WITH DISCUSSION PRESENT TIES TO AND RELATIONSHIP WITH 7/21/88 THE CITY OF MIAMI POLICE DEPARTMENT. 11. APPROVE REQUEST BY WYNWOOD COMMUNITY M 88-681 ECONOMIC DEVELOPMENT CORPORATION FOR A 7/21/88 PORTION OF THE TARGET AREA KNOWN AS "THE GREAT NEIGHBORHOOD" TO BE REDESIGNATED AS "OLD SAN JUAN", SUBJECT TO A PUBLIC HEARING. 12. (A) CO -DESIGNATE NORTH 36TH STREET FROM R 88-682 BISCAYNE BOULEVARD TO INTERSTATE 95 AS 7/21/88 "DESIGN BOULEVARD". (B) CO -DESIGNATE NW 5TH AVENUE FROM NW 22ND STREET TO NW 36TH STREET AS "FASHION AVENUE". 13. APPROVE USE OF BAYFRONT PARK M 88-683 AMPHITHEATER REGARDING SIX CONCERTS BY R 88-684 THE GREATER MIAMI COMMUNITY CONCERT 7/21/88 BAND. 14. ENDORSE THE "WORLD'S FAIR FOR MIAMI IN R 88-685 1995-1996" CONCEPT PROPOSED BY MIAMI 7/21/88 RESEARCH INSTITUTE. 15. GRANT FUNDING REQUEST BY ASIAFEST, INC. M 88-686 FOR $30,500 IN CONNECTION WITH YEARLY 7/21/88 EVENT TO BE HELD NOVEMBER 14-20, 1988, WITH STIPULATION. 16. PERSONAL APPEARANCE: DOROTHY REESE - DISCUSSION REGARDING PRESERVATION OF THE MELREESE 7/21/88 GOLF COURSE. (IN CONNECTION WITH PROPOSED NEW BASEBALL STADIUM, SEE LABEL 19) 17. ALLOCATE $31,000 TO BLACK ARCHIVES R 88-687 HISTORY AND RESEARCH FOUNDATION OF 7/21/88 SOUTH FLORIDA, INC. - FOR HISTORIC PRESERVATION PROJECT AND ALLOCATE $55,000 TO JEWISH FAMILY SERVICES, INC. - PROVIDE HOME SECURITY PROGRAM FOR ELDERLY CRIME VICTIMS. 18. BRIEF COMMENTS OF CONCERN BY DISCUSSION COMMISSIONER PLUMMER CONCERNING 7/21/88 OBSTRUCTION OF ONE OF CITY'S MAIN ARTERIALS DURING CONSTRUCTION. 19. (A) WAIVE CODE PROHIBITION TO ALLOW M 88-688 CHRIS KORGE TO LOBBY BEFORE THE CITY ORDINANCE COMMISSION IN CONNECTION WITH PROPOSED FIRST READING PURCHASE OR CONSTRUCTION OF MAJOR 7/21/88 LEAGUE BASEBALL STADIUM. (B) FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $80,000,000 GENERAL OBLIGATION BONDS FOR PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND RELATED FACILITIES. (See label 16) 52-54 55-56 56-57 58-59 59-65 66 67-69 69-71 71-72 73 73-81 6 r 20. FIRST READING ORDINANCE: AUTHORIZE ORDINANCE 81-83 BOND ELECTION ON TUESDAY, OCTOBER 4, FIRST READING 1988, WITH RESPECT TO ISSUANCE OF 7/21/88 $80,000,000 GENERAL OBLIGATION BONDS FOR PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND RELATED FACILITIES. 21. BRIEF DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 63-84 OF PROPOSED SPECIAL MEETING TO BE HELD 7/21/88 IN AUGUST TO CONSIDER TWO SECOND READING ORDINANCES IN CONNECTION WITH PROPOSED ISSUANCE OF $60,000,000 GENERAL OBLIGATION BONDS AND CALLING OF A SPECIAL ELECTION ON OCTOBER 4, 1988, REGARDING PURCHASE OR CONSTRUCTION OF MAJOR LEAGUE BASEBALL STADIUM (See label 26) 22. GRANT REQUEST FROM BALLET CONCERTO M 88-689 85-89 COMPANY - ISSUE ONE-YEAR REVOKABLE USE 7/21/88 PERMIT TO OCCUPY PORTION OF CITY BUILDING AT 2600 SOUTH BAYSHORE DRIVE, WITH PROVISOS. 23. ALLOCATE $675 TO COVER PARK PERMIT AND M 88-690 90-92 SNOWMOBILE FEES IN CONNECTION WITH THE R 88-691 "SECOND MERENGUE" FESTIVAL TO BE HELD 7/21/88 IN ALLAPATTAH-COMSTOCK PARK. 24. REFER TO CITY MANAGER FUNDING REQUEST DISCUSSION 92-94 RECEIVED FROM REPRESENTATIVES OF THE 7/21/88 BLACK DESIGNERS FASHION SHOWCASE. 25. DISCUSSION AND DEFERRAL OF REQUEST DISCUSSION 94-102 RECEIVED FROM REPRESENTATIVES OF MIAMI 7/21/88 CITYFAIR FOR THE USE OF BAYFRONT, THE FEC AND BICENTENNIAL PARKS IN CONNECTION WITH SAID EVENT (See label 61). 26. (CONTINUED DISCUSSION) PROVIDE FOR M 88-692 102-103 SPECIAL MEETING TO BE HELD AUGUST 8, 7/21/88 1988, TO CONSIDER TWO ORDINANCES IN CONNECTION WITH PROPOSED PURCHASE OR CONSTRUCTION OF MAJOR LEAGUE BASEBALL STADIUM AND SPECIAL ELECTION WITH RESPECT TO SAME. (See label 21) 27. A. RECONSIDER PRIOR VOTE ON M 88-693 103-112 CONSTRUCTION AND DEVELOPMENT OF OFFICE ORDINANCE BUILDING OWNED BY THE CITY AND LEASED 10464 TO THE U.S. GENERAL SERVICES 7/21/88 ADMINISTRATION (EMERGENCY ORDINANCE). B. EMERGENCY ORDINANCE: PROVIDE FOR ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF OFFICE BUILDING OWNED BY THE CITY AND LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATIONS - AUTHORIZE ISSUANCE OF $30,000,000 OF RENTAL REVENUE BONDS, SERIES 1988, ETC. (SEE LABEL 7). 28. (CONTINUED DISCUSSION) USE OF SOLID DISCUSSION 112-117 WASTE DUMPSTERS FOR COMMERCIAL ACCOUNTS 7/21/88 (SEE LABELS 9 AND 30). 29. MANUEL ARTIME FACILITY RENOVATIONS - DISCUSSION 117 BRIEF DISCUSSION AND TEMPORARY DEFERRAL 7/21/88 (SEE LABEL 70). r 30. (CONTINUED DISCUSSION) A. ACCEPT BIDS R 88-694 117-120 FROM (a) STAR EQUIPMENT MANUFACTURING, M 88-694.1 AND (b) HESCO/U.S. CONTAINERS FOR 7/21/86 FURNISHING 1,000 DUMPSTERS TO DEPARTMENT OF SOLID WASTE. B. REQUEST ADMINISTRATION TO INFORM COMMISSION ON MONTHLY BASIS AS TO NUMBER OF COMMERCIAL ACCOUNTS OBTAINED AS RESULT OF PURCHASE OF DUMPSTERS. 31. SPLASH DOWN '88 - ALLOCATE $10,000. R 88-695 120-125 7/21/88 32. LAWRENCE WATERWAY HIGHWAY IMPROVEMENT R 88-696 125 DISTRICT H-4536 - CONFIRM ORDERING 7/21/88 RESOLUTION - ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION. 33. DEMOLITION OF UNSAFE STRUCTURES - R 88-697 126-127 RATIFY CITY MANAGER'S FINDING OF 7/21/88 EMERGENCY - WAIVE COMPETITIVE BIDDING FOR SELECTION OF PROFESSIONAL SERVICES - ACCEPT BID OF TREE MASTERS, INC. FOR DEMOLITION OF STRUCTURES AT 1402 & "A" SOUTH BAYSHORE DRIVE. 34. PURCHASE STREET TRASH RECEPTACLES AND DISCUSSION 128-130 ELIMINATION OF ILLEGAL BUS BENCHES - 7/21/88 DISCUSSION REGARDING STATUS. 35. NEWSPAPER RACKS ON CITY SIDEWALKS - DISCUSSION 130-131 CONTINUED DISCUSSION OF ITEM PREVIOUSLY 7/21/88 DEFERRED. 36. MIAMI ARENA LABOR CONTRACTS - DISCUSSION 131 DISCUSSION AND TEMPORARY DEFERRAL (SEE 7/21/88 LABEL 42). 37. CONSENT AGENDA 132-134 7/21/88 37.1 ACCEPT BID: 3RD WORLD COMPUTER COMPANY, R 88-698 134 INC. - OFFICE FURNITURE FOR HOUSING 7/21/88 CONSERVATION AND DEVELOPMENT AGENCY ($29,279.81). 37.2 ACCEPT PLAT: ONE STOP RESUBDIVISION. R 88-699 134 7/21/88 37.3 ACCEPT PLAT: STEVENS/HAGUE TRACT. R 88-700 134-135 7/21/88 37.4 ACCEPT PLAT: DABNEY'S & DYLAN'S. R 88-701 135 7/21/88 38. ACCEPT DONATION OF MOTOR VEHICLE R 88-702 135-136 (AUTOMOBILE) FROM INTEGRITY INSURANCE 7/21/88 COMPANY FOR POLICE DEPARTMENT. 39. ESTABLISHMENT OF EMERGENCY SHELTER FOR R 88-703 136-137 HOMELESS FAMILIES - ALLOCATE $32,000 TO 7/21/88 CHRISTIAN COMMUNITY SERVICE AGENCY, INC. 40. DRUG SCREENING SERVICES TO DISCUSSION 137 DEPARTMENT OF PERSONNEL 7/21/88 MANAGEMENT - DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EXECUTION OF AGREEMENT WITH CONSULAR, INC. (SEE LABEL 47). 174 it 41. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED AGREEMENT BETWEEN COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. AND GROVITES UNITED TO SURVIVE, INC. - FOR DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT (SEE LABEL 74). DISCUSSION 7/21/88 42. MIAMI ARENA LABOR CONTRACTS - CONTINUED DISCUSSION DISCUSSION - REFER TO CITY ATTORNEY 7/21/88 (See label 36). 43. NICARAGUAN AUGUST PARTY - GRANT REQUEST R 88-704 FOR STREET CLOSURE, ESTABLISHMENT OF 7/21/88 PEDESTRIAN MALL, PERMISSION TO SELL BEER AND WINE, ESTABLISH AREA FOR RETAIL PEDDLERS - SUBJECT TO PROVISOS. 44. TROPICAL CLEAN BLUE LAUNDRY SYSTEMS M 88-705 LOCATED IN OVERTOWN SHOPPING CENTER - 7/21/88 GRANT ABATEMENT FOR RENT IN THE AMOUNT OF $5,000. 45. SECOND READING ORDINANCE: CREATE ORDINANCE CHAPTER 13.B OF THE CODE - IMPOSE A 10465 "SOUTHEAST OVERTOWN/PARK WEST 7/21/88 DEVELOPMENT SUPPLEMENTAL FEE" TO ACCOMMODATE IMPACTS OF NEW DEVELOPMENT. 46. BRIEF DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION OF PROPOSED FIRST READING ORDINANCE 7/21/88 CONSENTING TO MERGER OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION, AS WELL AS ASSUMPTION OF FRANCHISE OBLIGATIONS TO CITY BY ELIZABETHTOWN GAS COMPANY OF NEW JERSEY (N.U.I. SUBSIDIARY) (See label 50). 47. DRUG SCREENING SERVICES TO DEPARTMENT R 88-706 OF PERSONNEL MANAGEMENT - CONTINUED 7/21/88 DISCUSSION - AUTHORIZE EXECUTION OF AGREEMENT WITH CONSULAB, INC. (See label 40). 138-139 139-141 142-143 143-146 146 147-149 149-150 48. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 150-151 SEC. 2-313 - CORRECT SCRIVENER'S ERROR FIRST READING IN DEFINITION OF TERM "LOBBYIST". 7/21/88 49. (A) AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI (FISCAL YEAR 10/1/88 - 9/30/89). (B) SET PUBLIC HEARING DATES OF SEPTEMBER 9 AND 22, 1988 IN CONNECTION WITH ADOPTION OF PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR FISCAL YEAR 10/1/88 - 9/30/89. 50. (CONTINUED DISCUSSION) FIRST READING ORDINANCE: CONSENT TO MERGER OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION, AS WELL AS ASSUMPTION OF FRANCHISE OBLIGATIONS TO THE CITY BY ELIZABETHTOWN GAS COMPANY OF NEW JERSEY (N.U.I. SUBSIDIARY) (See label 46). R 88-707 M 88-708 7/21/88 ORDINANCE FIRST READING 7/21/88 151 160-161 v 51. (A) AUTHORIZE EXECUTIVE DIRECTOR OF R 88-709 DOWNTOWN DEVELOPMENT AUTHORITY TO M 88-710 ESTABLISH A PROPOSED MILLAGE RATE FOR 7/21;88 FISCAL YEAR 10/1/88 - 9/30/69. (B) SET PUBLIC HEARING DATES OF SEPTEMBER 9 AND 22, 1988, IN CONNECTION WITH ADOPTION OF PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT (FY 10/1/88 - 9/30/89). 52. MIAMI TELE-COMMUNICATIONS, INC - R 88-711 APPROVE AGREEMENT TO RESOLVE 7/21/88 OUTSTANDING ISSUES IN DISPUTE - PROVIDE TERMS OF APPROVAL OF I -NET (INSTITUTIONAL CABLE NETWORK) AND THE RELEASE OF $500,000 FROM THE SECURITY FUND. 53. CITYWIDE TELEPHONE SYSTEM - R 88-712 REJECT BIDS RECEIVED FOR 7/21/88 LEASE/PURCHASE - DIRECT MANAGER TO REBID PROJECT. 54. E911 FEES - EXECUTE AGREEMENT WITH R 88-713 METROPOLITAN DADE COUNTY FOR COLLECTION 7/21/88 AND DISBURSEMENT. 55. PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH R 88-714 FLORIDA - APPOINT/REAPPOINT MEMBERS M 88-714.1 (NOTE: APPOINTED WERE WILLIAM 7/21/88 ALEXANDER, LORI WELDON AND TITO GOMEZ). 56. BANYAN FESTIVAL - GRANT REQUEST FOR R 88-715 STREET CLOSURE, PERMISSION TO SELL BEER 7/21/88 AND WINE, AND RESTRICTION OF RETAIL PEDDLERS. 57. ROADS NEIGHBORHOOD - DISCUSSION DISCUSSION CONCERNING REQUEST FOR THE REOPENING OF 7/21/88 A STREET. 58. JAMAICAN AWARENESS REGGAE FESTIVAL - M 88-716 GRANT REQUEST BY SPONSORS TO HOLD EVENT R 88-717 AT BICENTENNIAL PARK - AUTHORIZE 7/21/88 SHARING OF PARKING CONCESSION, ETC. - WITH PROVISOS. 59. GREATER MIAMI OPERA - APPROVE ONLY A M 88-718 PARTIAL ALLOCATION OF FUNDS DUE TO LACK 7/21/88 OF COMPLIANCE WITH CONDITIONS AS ORIGINALLY STIPULATED. 60. DEFER CONSIDERATION OF REQUEST BY DADE M 88-719 COUNTY PUBLIC SCHOOLS FOR RELEASE OF 7/21/88 CITY -OWNED BUILDING (1401 N. MIAMI AVENUE) - TO BE USED FOR TRAINING AND HOUSING OF HOMELESS/DISADVANTAGED ADULTS - ARRANGE WITH CHRISTIAN COMMUNITY SERVICES TO PROVIDE FOR NECESSARY TRANSPORTATION TO TRAINING CENTER. 60. 1 ORANGE BOWL MODERNIZATION PROJECT - R 88-720 PHASE II - (CONTINUED DISCUSSION) - 7/21/88 APPROVE IN CONCEPT - DESIGNATE PROJECT AS CATEGORY B - AUTHORIZE TO ADVERTISE FOR PROFESSIONAL PLANNING AND DESIGN SERVICES (See label 6). 161-163 163-165 165-174 174-177 177-179 179 180-183 183-189 190-191 192-196 196-197 v f 61. 1988 MIAMI CITYFAIR - (CONTINUED R 88-721 198-206 DISCUSSION) - APPROVE APPLICATION FOR 7/21/88 TEMPORARY SPECIAL EVENT, PERMIT FOR MECHANICAL RIGHTS, ETC., WITH PROVISOS (See label 25). 62. FIRST READING ORDINANCE: REQUIRE ORDINANCE 206-209 THAT ANY FUTURE LEASES OF CITY FIRST PROPERTY TO PRIVATE CLUBS OBSERVE READING ADOPTION AND IMPLEMENTATION 7/21/88 ACTION PLAN. 63. FISHER ISLAND - DISCUSSION IN DISCUSSION 209-210 CONNECTION WITH FEES OWED FOR USE OF 7/21/88 RAMPS AND LANDINGS ON CITY PROPERTY. 64. COCONUT GROVE SAILING CLUB LEASE DISCUSSION 210-211 AGREEMENT - REQUEST CITY ADMINISTRATION 7/21/88 TO PROVIDE COPY TO THE CITY COMMISSION (SEE LABEL 66). 65. MIAMARINA RENOVATION PROJECT - DISCUSSION 211-217 DISCUSSION AND TEMPORARY DEFERRAL (SEE 7/21/88 LABEL 67). 66. COCONUT GROVE SAILING CLUB - (CONTINUED DISCUSSION DISCUSSION) RESTATEMENT OF CITY 7/21/88 COMMISSION REQUEST OF THE CITY ATTORNEY TO REVIEW THE CITY'S LEASE AS TO POSSIBLE RENEGOTIATION (SEE LABEL 64.) 67. MIAMARINA - AUTHORIZE NECESSARY M 88-722 REPAIRS - PURSUANT TO ALTERNATE B IN 7/21/88 CITY MANAGER'S MEMORANDUM - AUTHORIZE NEGOTIATION WITH THE ROUSE COMPANY REGARDING SAID REPAIRS. (SEE LABEL 65.) 68. WAIVE CODE PROHIBITION TO ALLOW JANET R 88-723 REID TO PROVIDE PROFESSIONAL PLANNING 7/21/88 SERVICES IN CONNECTION WITH THE CITYWIDE INDUSTRIAL LAND USE NEEDS STUDY. 69. PROPOSED MIAMI COMPREHENSIVE M 88-724 NEIGHBORHOOD PLAN 1989 - 2000 - M 88-725 AUTHORIZE TRANSMISSION (ONLY THOSE M 88-726 ELEMENTS OF THE PLAN REQUIRED BY LAW) M 88-727 TO DEPARTMENT OF COMMUNITY AFFAIRS FOR M 88-728 COMMENT - ESTABLISH HEARING DATE (SEE M 88-729 LABELS 71 AND 77). M 88-730 7/21/88 70. ACCEPT THE BID OF MCM CORPORATION FOR R 88-731 RENOVATION OF MANUEL ARTIME COMMUNITY 7/21/88 CENTER (SEE LABEL 29). 71. PROPOSED MIAMI COMPREHENSIVE M 88-732 NEIGHBORHOOD PLAN 1989-2000 - CONTINUED M 88-733 DISCUSSION (SEE LABELS 69 AND 77). M 88-734 M 88-735 R 88-736 7/21/88 217 217-220 220-221 221-268 268-271 271-284 f 72. COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. AND GROVITES UNITED TC SURVIVE, INC. (GUTS) - (CONTINUED DISCUSSION) APPROVE AGREEMENT - FOR DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT (SEE LABEL 41). 73. EMERGENCY ORDINANCE: ADOPT PROVISIONS OF METRO-DADE ORDINANCE 57-22 (SOUTH FLORIDA BUILDING CODE ORDINANCE) - PROVIDE THAT THE SOUTH FLORIDA BUILDING CODE BE ENFORCED TOGETHER WITH THE CITY'S BUILDING CODE. (DEMOLITION OF CRACK HOUSES.) R 88-737 7/21/88 ORDINANCE 10466 7/21/88 74. CITY ELECTIONS - ESTABLISH COMMITTEE TO R 88-738 ASSIST CITY CLERK ON CANVASSING OF 7/21/88 ELECTION RESULTS - WITH PROVISOS. 75. CONSTRUCTION OF NEW PORT BOULEVARD R 88-739 BRIDGE - AUTHORIZE TRIPARTITE AGREEMENT 7/21/88 (CITY, DADE COUNTY AND BAYSIDE CENTER LIMITED PARTNERSHIP) FOR CLARIFICATION AND DEFINITION OF EASEMENT RIGHTS RELATIVE TO THE NEW PORT BOULEVARD BRIDGE PARCEL BEING CONVEYED BY THE CITY - AUTHORIZE EXECUTION OF REVISED QUITCLAIM DEED. 76. BAYSIDE PARKING GARAGE LEASE R 88-740 AGREEMENT - AUTHORIZE SECOND AMENDMENT. 7/21/88 77. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN M 88-741 1989-2000 - (CONTINUED DISCUSSION) - 7/21/88 ESTABLISH FUTURE PUBLIC HEARING DATES TO CONSIDER ORDINANCE FOR ADOPTION OF THE PLAN (SEE LABELS 69 AND 71). 78. SEND A KID TO CAMP PROGRAM - ALLOCATE R 88-742 $4,500 TO SUPPORT THE OVERTOWN CRIME 7/21/88 PREVENTION SUBCOUNCIL'S PROGRAM. 79. AMEND RESOLUTION 87-923 WHICH DIRECTED R 88-743 MIAMI CAPITAL DEVELOPMENT, INC. TO 7/21/88 ALLOCATE CERTAIN MONIES TO THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM - AUTHORIZE MIAMI CAPITAL TO RETAIN ALLOCATION - AUTHORIZE DIRECTOR OF COMMUNITY DEVELOPMENT TO EXECUTE DOCUMENTS UNDER SAID PROGRAM - ESTABLISH LOAN COMMITTEE MEMBERS. 284-287 287-289 289-290 290-292 293 293-294 294 295-296 80. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 296-297 SEC. 22-28 - PROVIDE INTEREST CHARGE OF FIRST READING 1 PERCENT PER MONTH TO BE APPLIED TO 7/21/88 DELINQUENT SOLID WASTE FEES. 81. ACCEPT BID: MIRI CONSTRUCTION, INC. - R 88-744 297-298 LOCAL DRAINAGE PROJECT - FLAGLER STREET 7/21/88 REPAIRS, E-58 (SECOND BIDDING) ($57,100). 82. CONTINUE TO SEPTEMBER ALL PLANNING AND M 88-745 298-299 ZONING ITEMS NOT TAKEN UP. 7/21/88 6 �i MINUTES OF REGULAR MEETING OF THE CITY COMMiSSA314 OF MIA;;: , FLOFIDA On the 21st day of July, 1988, 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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then led those present in a pledge of allegiance to the flag. I. REAPPOINT CERTAIN INDIVIDUALS TO THE DOWNTOWN DEVELOPMENT BOARD (APPOINTED WERE: MARTIN FINE, ESQ., THOMAS POST, TONY ALONSO, MIRIAM LOPEZ AND E. EVONNE RAGLIN.) ------------------------------------------------------------------------------ Mayor Suarez: We have as confusing and as complex and as lengthy an agenda as ever encountered, that I'm aware of. We're going to try to go through it as quickly as possible. This supplemental agenda of three items may be about as uncontroversial as any, I'm guessing, so why don't we take a look at those three items, S-1 and S-2 and S-3 and maybe we can go through those quickly. And then we're going to go back to last week's agenda in fairness to people who I know have been postponed a couple of times, complete that, and then this week's regular items before we go into planning and zoning. Once we're into planning and zoning I have been advised by the City Clerk that it's enormously important and useful to not deviate from planning and zoning for obvious reasons having to do with the transcription of the proceedings so we'll stick to that. Mr. Plummer: Mr. Mayor... Mayor Suarez: Yes, Commissioner. Mr. Plummer: ... as you're aware, the item of the Orange Bowl is, in fact, on one of the three agendas, I don't remember which one. I have asked since there are a tremendous amount of people involved, if it was possible that we could take it up not as necessarily the first item, but one of the first items because so many people are involved. Mayor Suarez: And that is one of the three supplemental ones, right? Mr. Plummer: That'll be... Mayor Suarez: OK, why don't we do S-1 very quickly. Mr. Manager, is that... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: S-1, is that the bus shelter by any chance? Mr. Plummer: That's on the sup... 1 July 21, 1988 Mayor Suarez: All right, supplementary one. Mr. Plummer: I'm at a loss, I've 7:.2y G t one agenda. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I know. Mayor Suarez: I'm sorry, supplemental - supplemental, also named S-1, I don't know why, but there you have it. Mr. Plummer: And it's also called the Sneaky Pete. Mayor Suarez: Yes. Mr. Dawkins (OFF MIKE): Are we going to reappoint the five people here? Mr. Plummer (OFF MIKE): Sneaky Pete, that's what we used to call it in the old days. Mrs. Kennedy (OFF MIKE): Old days... Mr. Plummer: Can I have a - has anybody got a spare supplemental agenda? Mr. Dawkins: Yes, here, here, you may have this... Mr. Plummer: No, I got... Mr. Dawkins (OFF MIKE): No, that's all right since you and me we're brothers. Since we're brothers, you may as well have that. Mrs. Kennedy (OFF MIKE): Good morning... Mr. Plummer: Yes, oh, Amen. Thank you. Mrs. Kennedy (OFF MIKE): Good morning. Mayor Suarez: OK, S-1 includes the bus shelter RFP that people have been waiting for for over a year and a half and I think it's fair to get to that. S-1 and S-2, reappointing certain individuals to serve on the board of Downtown Development Authority. The - Marty Fine, Tom Post, Tony Alonso, Miriam Lopez, and Evonne Raglin are all hold overs from the past. I think I would ask the Commission to approve the reappointment of those five members. They don't really belong or they were not nominated by any particular person on this Commission and I would enter - they've both served well... Mr. Plummer: So move. Mrs. Kennedy: Second. Mayor Suarez: Thank you. Seconded. Any discussion? Mr. De Yurre: Discussion, yes. What is the procedure as far as normally the appointments? Mayor Suarez: They were all done in the past, basically at the suggestion of the Mayor. Ms. Hirai (OFF MIKE): At large. Mayor Suarez: But we've now, for the new appointments, you know, I've waived my right to appoint any new ones and ask each Commissioner to suggest two. Mr. Plummer: But that's S-2. Mr. De Yurre: No problem. Mayor Suarez: OK, any discussion? Please call the roll. 2 July 21, 1988 9 r The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-676 A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 2. APPOINT 8 INDIVIDUALS TO THE DOWNTOWN AUTHORITY BOARD (APPOINTED WERE: DAVID ROSNER, ESQ. AND MIJEL BRAZLAVSKY). Mr. De Yurre: I'll move S-2. Mr. Plummer: No, you can't, we got to make names to it, that's the regular agenda. Mayor Suarez: OK, S-2, let's see, if I'm not mistaken, should include four of the Brickell Area Association recommendations, does it not? Is Peter here? Mr. Dawkins (OFF MIKE): It's supposed to have four. Mayor Suarez: I'm sorry, did I say three? Mr. Dawkins (OFF MIKE): Why four Brickell Avenue people? Mayor Suarez: Well, the agreement would require, with the Brickell Area Association, which, by the way, was ratified last Friday, requires no less than three out of the eight new ones. And, you know... Mr. Dawkins (OFF MIKE): ... of the eight would be new Brickell Avenue people, that's what I'm... Mayor Suarez: No, if the eight new appointments, two of which are supposed to be selected by each Commissioner and I've waived my right to appoint any new ones, hopefully, no less than three would be of those recommended by Brickell Area Association so we can maintain the proportion of Brickell area, but... Mr. Plummer: Well, let me ask a question. Mayor Suarez: ... it might work out too if you want to appoint four. That way, it's one per Commissioner. Mr. Plummer: Mr. Mayor... Mayor Suarez: Yes. Mr. Plummer: ... my understanding was that there were going to be two - ten new members. If we appoint eight, what will that bring the total to? Mayor Suarez: That will be 29. 3 July 21, 1988 Mr. Plummer: Oh, OK. Well, 29 is what I remember. Mayor Suarez: Now, Mr. Manager, somebody, we're all pretty lost up here. I don't have the backup, what are the four that are being recommended? Mr. Odio: OK, the reappointment of Marty Fine, Tom Post... Mr. Plummer: No, that's one, that's done. Mayor Suarez: No, we've done that please, that's S-1, S-2 please. Mr. Dawkins: That's one, we're doing two, Mr. Manager. Mr. Odio: OK. Peter Andolina is here, isn't... Mayor Suarez: I don't see him anywhere. Do you have those or not? Mr. Odio: Let me look. Mayor Suarez: OK, here they are. OK, the four recommended... Mr. Plummer: But we're not bound by it. Mayor Suarez: We're not bound by it at all. I do plead with you to try to see if you can get at least three of those as Miller was indicating. It's not really... Mr. Plummer: Well, Mr. Mayor, I'm ready to make my two, all right? Mayor Suarez: OK. Mr. Plummer: My two will be Mr. Robert Rosner and Mike Brazlaysky. Mayor Suarez: Is either one of those from the Brickell Area Association? I know Mike is not, Mike is DMBA. Mr. Plummer: No, Mike is not, he's from Flagler Street and Bob Rosner is an attorney in downtown Miami, not from Brickell. Those are my two appointments. Mayor Suarez: So moved. Let's see, I guess how we do on the others. Maybe we'll get the three from Brickell, hopefully. Mr. De Yurre: Well, the thing is, I don't want to get tied down with my two to have to name them from Brickell because, you know, we got to name people from Brickell. Mayor Suarez: I understand the problem. I don't know how to solve it. I wish I did. Mr. Dawkins: Well, my two, one will come from Liberty City and one will come from Overtown or Coconut Grove and I don't think either one of those is in Brickell. Mayor Suarez: I'm going to table the item, I don't even have the names in front of me. Mrs. Kennedy (OFF MIKE): I'm not ready for mine either. Mr. Dawkins: That's the best. So move, Mr. Mayor. Mayor Suarez: Thank you. Mr. Plummer: Excuse me? Mrs. Kennedy: Second. Mr. De Yurre: Second. Mayor Suarez: I'm going to table the item at this point. Mrs. Kennedy: We don't need a motion... 4 July 21, 1988 Mayor Suarez: I don't have the backup here and I'd ask... Mr. Dawkins: For the rest of them, we'll go with J.L.'s, table aii the... Mayor Suarez: Do you want to have those two appointed? It locks us in on the other six. You wouldn't consider any of the Brickell area ones? Mr. Dawkins: OK, I'll move J.L.'s two. Mr. Plummer: I have, Mr. Mayor, made a commitment to these two individuals. Mayor Suarez: So be it. We have a motion and a second. Mrs. Kennedy: Second. Mayor Suarez: Any discussion? Call the roll on those two. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-677 A MOTION APPOINTING DAVID ROSNER, ESQ. AND MIJEL BRAZLAVSKY TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY. (NOTE: Messrs. Rosner and Brazlaysky were nominated by Commissioner Plummer. The length of terms for said appointments needs to be specified. The remaining six appointments were deferred to a future Commission meeting.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 3. AUTHORIZE ISSUANCE OF BIDS REGARDING CONSTRUCTION, ERECTION, INSTALLATION, REPAIR AND MAINTENANCE OF BUS SHELTERS - AUTHORIZE NEGOTIATION OF CONTRACTS. ------------------------------------------------------------------------------ Mayor Suarez: S-3. Mr. Plummer: Move it. Mayor Suarez: Mr. Manager, this has been in the offing for I don't know how many months, the bus shelter RFP. Mr. Odio: Yes, sir. Mayor Suarez: OK, we have a motion. Do we have a second? Mr. Plummer: Move it. Mrs. Kennedy: Second. Mr. De Yurre: Discussion. Mr. Odio: We wanted to amend the RFP to make sure and there is a memo that we sent yesterday on the minority participation that was left out. Do you want to put it on the record, Don? 5 July 21, 1988 Mr. bon Cather: Donald Cather, Public Works Department. The RFP and the contract will be amended to include a minority set aside of 11, 11, 11 percent. Mr. Plummer: Now that's - hold on a minute. Let me understand what you're saying. We're asking private companies to bid on an RFP. Mr. Cather: Yes. Mr. Plummer: You're saying that that private company has to made up of 11, 11 and 11? Mr. Cather: That's the goal, but the total would be 33 percent minority. Maybe Miss Bellamy can speak to that better. Mrs. Angela Bellamy: It would be a total of 33 percent... Mr. De Yurre: Ownership? Mrs. Bellamy: ... participation so that could include... Mr. De Yurre: Ownership. Mrs. Bellamy: ... subcontractors that work with the firms. Mr. Dawkins: Are we talking about ownership or are we talking about work? Mrs. Bellamy (OFF MIKE): We're talking ownership. Mr. Dawkins: Ownership, OK. Mr. De Yurre: What I would suggest is if they don't meet the criteria, that it come before us to see exactly where we're at because, you know, the thing about hoping that they get to eleven, you know, that's not, you know, very much set, so I'd like to see it before we go ahead and finalize anything. Mayor Suarez: this is just the approval of the RFP at this point, right? Mrs. Bellamy: Right. Mr. Plummer: Well, it's the approval of putting out of the RFP. Mayor Suarez: Yes, approval and publishing and... Mr. Plummer: And then, you'll have final award, of course. Mayor Suarez: ... right and... OK, anything further on the item? Do we have a second on the motion? Mr. De Yurre: I'll second. Mayor Suarez: Seconded. Any discussion? Call the roll. Mr. Plummer (OFF MIKE): I've already brought it up. 6 July 21, 1988 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-678 A RESOLUTION AUTHORIZING THE ISSUANCE OF BID AND CONTRACT DOCUMENTS FOR THE RIGHT TO CONSTRUCT, ERECT, INSTALL, REPAIR AND MAINTAIN BUS SHELTERS AT BUS STOP LOCATIONS THROUGHOUT THE CITY; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEES TO NEGOTIATE A CONTRACT BETWEEN THE CITY AND THE COMPANY FOUND TO HAVE THE HIGHEST AND BEST PROPOSAL AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS APPROVAL. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4. BRIEF COMMENTS BY CITY MANAGER IN CONNECTION WITH TOXICOLOGY TESTING SERVICES TO BE RENDERED TO THE CITY FOR NEW HIRES - CITY MANAGER CONSIDERING THROWING OUT SAID BIDS IN FAVOR OF IN-HOUSE PRE -EXAMINATION. Mr. De Yurre: Cesar... Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: ... I remember back in February approximately, you were talking about that around June or July we would be putting out for bids for a clinic or something of that nature to start doing all the exams for the City and I've been waiting and I haven't seen - I have people, you know, clinics have been asking me and doctors that they would like to get into the bidding process so I'd like to know when that is going to be happening. Mr. Odio: We went out on bids and we are reviewing the bids at this moment and I'm not sure at this point whether I'm going to accept any of the bids and go back to hiring the doctor and do the in-house preexamination as we did before and just go out on drug testing because I'm not satisfied with the bids. Mayor Suarez: When is the process of evaluation of the bids going to be completed? Mr. Odio: For the first meeting in September, if I don't throw them out before. I might just throw them out. Mr. De Yurre: What is it that you don't like about them; they're just too expensive... Mr. Odio: The cost is higher than I expected. I'm thinking seriously of going back to the old ways of just having a doctor in-house and just do the - then do the workmen comp as we've been doing outside and the drug testing as we have done with because we don't have that capacity. Mr. De Yurre: What about the deal we were doing with the county? Wasn't that inexpensive enough? 7 July 21, 1988 Mr. Odio: Well, that is panning out, it's costing us right now, I believe, $30,000 but we haven't been hiring people. So we're doing a comparison on that one too. But it's more practical, I think, to go back to where we were before. But we have the bids in. We have some bids - the bids in and we're just not satisfied. Mr. De Yurre: Well, keep us posted. Mr. Odio: Yes, sir. I'll bring it in in September if we don't throw them.. out before. Mr. De Yurre: OK, thank you. 5. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (COMMENDATIONS PRESENTED TO MOST OUTSTANDING OFFICERS OF THE MONTH: OFFICERS DAVID MAGNUSSON AND RAFAEL CHAN-MUY). ------------------------------------------------------------------------------ 1. Outstanding Police Officer of the month Commendations were presented to Officer David Magnusson for the month of April, 1988 and to Officer Rafael Chang-Muy for the month of May, 1988. ------------------------------------------------------------------------------ 6. A. EMERGENCY ORDINANCE: AMEND SEC. 1 OF 10347 - INCREASE APPROPRIATIONS FOR "ORANGE BOWL STADIUM MODERNIZATION PROJECT -PHASE I" OF $220,000. B. APPROVE IN CONCEPT ORANGE BOWL MODERNIZATION PROJECT - PHASE II - STIPULATE MUST NOT EXCEED $16,000,000 - AUTHORIZE MANAGER TO GO OUT TO COMPETITIVE BID PROCESS FOR DESIGN (SEE LABEL 60). ------------------------------------------------------------------------------ Mr. Plummer: Where is the item of the Orange Bowl, ten? No, that's not really it, item 10 is a supplemental to the Orange Bowl. Thirty -two? Mayor Suarez: OK, are we on the Orange Bowl item? Did we track it down? Mr. Plummer: Yes, item 32. Mayor Suarez: OK, to request Commissioner Plummer - does it make sense to get that? Mr. Odio: Items 10 and 32. Mr. Plummer: The people that we have and have asked to be here are on item 32. Mr. Dawkins: Item 10. Mr. Odio (OFF MIKE): No, I know them by heart, please, don't confuse me with papers. Mr. Plummer: Mr. Mayor, I really have nothing further to say than the presentation I made as your designated committee chairman at the last - many meetings ago. I would ask the Manager and the architect and Mr. Golby if they have any further input. I think that it's pretty well - you had asked for the plan B. I assume everybody has had the opportunity to see and to compare. I really have nothing else to say. Mr. Manager. Mr. Odio: No, sir, do you have any specific... Mayor Suarez: Mr. Manager, we still have confusion as to which items on the agenda are the ones related... We heard ten and we heard thirty-two. Mr. Odio: We have ten and thirty-two. Mr. Dawkins (OFF MIKE): What are we discussing? 8 July 21, 1988 Mayor Suarez: OK, what is ten and what is 32, please? Mr. Odio: Thirty-two is the discussion item. Mr. Dawkins: OK, all right, we discussing 32, OK, that's all I need to know. Mr. Odio: Under discussion is 32. Mr. Plummer: Ten is the transfer of funds, but not for this. Mayor Suarez: What does ten request by way of a transfer of funds? Mrs. Kennedy: This is $220,000. Mr. Plummer: What is that covering? This is phase I, Mr. Mayor. Mr. Odio: Phase I, we're increasing two hundred and... Mr. Plummer: Phase I has already been approved by this Commission. Mr. Odio: Yes and we had to add $220,000 because once we went out on competitive sealed bids, we found that we needed another $220,000 to complete the first phase. Mr. Dawkins (OFF MIKE): First... Mr. Odio: And I can recite the increases and why. Mr. Plummer: Is that necessary? Mr. Odio: No, sir, I hope not. Mr. Plummer: I mean, if anybody wants to know, that's fine but why go through it? Mayor Suarez: Anybody have any problems with the allocation represented by - it's item 10, right? Mr. Odio: Yes, sir. Mr. Plummer: If there's no... Mayor Suarez: And it has to do with phase I previously approved and you want two hundred and some thousand dollars more, two hundred and what? Mr. Plummer: Two -twenty. Mr. Odio: Two hundred and twenty. Mr. Plummer: Mr. Mayor, if there's not discussion, I'll be happy to move ten and get... Mr. De Yurre: Well, I like - I got a couple of problems. Mayor Suarez: We have a motion. Mr. Plummer: Oh, OK... Mayor Suarez: Is it moved? Mr. Plummer: No, we wants to speak... Mr. De Yurre: Yes. Mayor Suarez: We can move and second for discussion. Mr. Plummer: All right, I'll move it. Mayor Suarez: Second for discussion. Mr. De Yurre: OK, back when this item came up originally and I was the only dissenting vote on this, it was my understanding, and maybe I just need some 9 July 21, 1988 edification on the procedure, that the money for the improvement of the press box was available from bed tax money. Mr. Odio: I was asked a question and I said that we would advance the monies. I didn't answer it that way, I said that we had bed tax monies if necessary but what we're trying to do is do Phase I in time for the next season. And then when the bonds are approved, the revenue bonds, if approved, then we would pay them back. Mr. De Yurre: Yes, but what happens is that if you're asking for 11 million or 16 million out of which 2 million are going to be used to pay off... Mr. Odio: The phase I... Mr. De Yurre: ... these amounts... Mr. Odio: Yes. Mr. De Yurre: ... then, the original concept of saying that we would use the money to pay it off in one year that we have the money available doesn't hold true. Because now we're saying that we're expanding it to pay it over X number of years. So we're actually financing the press box improvement. Mr. Odio: We always intended to do that. I guess it wasn't explained properly. When we came here with plan A of the 60 million dollars, it included Phase I and Phase II. What we said then, in order to get Phase I done now, let's go ahead and do it and finance it any way we can find which is bed tax or franchise fees and when and if you approve the plan, then we would pay them back. It's a question of - we always said that it would be paid - the 60 million will have to be paid off as we get the revenues. Mr. De Yurre: OK, because, you know, the thing that throws me off is when you - and I'm quoting you from the minutes... Mr. Odio: Oh, I said that. Mr. De Yurre: ... which, you know, and I told Carlos so that you would have it beforehand so we could discuss it here today. It wouldn't be any surprise about this, is as the improvements that we are making, and that's quoting you, we would have money from the bed tax to pay for it. We have the money from the bed tax to pay for it... Mr. Odio: Yes, I have... Mr. De Yurre: ... but where is it? Mr. Odio: We will be paying for it. Mr. De Yurre: But we don't have it. Mr. Odio: As we get the collections, then we'll pay for it. We have done this for years, Commissioner. I've been here ten years, or going to, and every time we need to do something at the Orange Bowl, we will borrow money from the franchise fees, as the bed tax are collected, we pay them back. Mayor Suarez: What you were saying is, and let's restate it correctly, please, for the record... Mr. Odio: Let's restate it in good English then. Mayor Suarez: What you were saying, if I understand you correctly, is that we had enough revenues to bond out for these improvements from the bed tax is what you were saying. Mr. Odio: That's correct. Mr. Plummer: That's correct and that's still correct. Mr. Odio: And it's still correct. Mr. De Yurre: OK, now, don't we get approximately a million dollars? 10 July 21, 1988 f 9 Mayor Suarez: Let's go through that so we all clarify... h.. De :unit: Annually. Mayor Suarez: ... the figures because we're going to have to ask about that when we get to the rest of the Phase. Mr. Plummer: A little over a million dollars. About a million two but it comes in in monthly installments. Mr. De Yurre: OK, because, you know, when I'm going through this issue and we're talking about eight hundred and fifty and it was $950,000 and we're talking about we make $1,000,000 on the bed tax approximately annually, my concept was interpreting what you all were saying was that we were going to have, in one year we'd have the million dollars to do the improvement and that was it. And we don't have... Mr. Plummer: All right, the problem is this. We were put under a time gun and we wanted to be to get those improvements in the press box completed and finished before September the 3rd which is the first game. We went on a fast track. We will pay for it from the bed tax, but the bed tax is collected on a monthly basis and only in the accumulation of 12 months do you get the million or million two. The monies that he is borrowing here will be paid back as the revenues become available in the bed tax. Mr. De Yurre: OK, I have no problem if what you're saying is that during the next 12 month period, we're going to be holding the money and then we'll just pay off the improvement and that's it, we don't owe anything on it but my understanding is that's not the case. Mr. Odio: No, that's... what the intentions are, unless you can change that, of course, that as part of the 60 million dollar plan, the first phase will be covered. As we sell the bonds, we'll pay back the bed tax account. Mr. Plummer: That is correct. Mayor Suarez: OK, as to Phase I, without getting into Phase II yet... Mr. Odio: Yes. Mayor Suarez: ... are you saying, as Commissioner Plummer's implying, that we're going to borrow from another account and pay back during this particular operating year, twelve months, or are you saying that we're going to have to bond out some of the revenues for whatever number of years? Mr. Odio: I'd rather bond out. That way, we keep the income from the bed tax... Mayor Suarez: But, as the Commissioner's pointing out, Cesar, in the past when we've made improvements, we have taken them from that particular year's operating... Mr. Odio: I know, Commissioner, but, Mr. Mayor, this is a major renovation here. Mr. Plummer (OFF MIKE): But the time was the problem. Mayor Suarez: How much is the amount totally? Mr. Odio (OFF AND ON MIKE): What is the total? One point two million. Mayor Suarez: And that happens to be roughly what we get from the bed tax. Mr. Odio: Yes, but we use... Mayor Suarez: Yearly allocation so... Mr. Odio: ... part of that bed tax funds the sales force that we have for the City and we don't want to touch that. Mr. Plummer: Well, there's another problem that and touched on. 11 July 21, 1988 9 Mayor Suarez: Commissioner, I'm sorry, what did you say, part of... Mr. Odio: Fart o: :he bales force we have in the City of Miami. Mayor Suarez: Part of the sales force? Mr. Plummer: Convention. Mr. Odio: The convention bureau is funded from that bed tax and we allocate part of that to that so that we don't have to use general fund money... Mayor Suarez: How much so we have an idea how much is available? I've always been asking for streams of revenues that we have available for bonding and I really don't have a clear answer yet. Mr. Odio: I'd rather give you an accurate report in writing than... Mayor Suarez: I just want an estimate, how much is the agency costing us? Mr. Plummer (OFF MIKE): A million two. Mr. Odio: The last figure I heard, and that's why I'm guessing, is that it had gone up to about a million five. But I have to check that... Mr. Plummer: But whoa, whoa, whoa, whoa, now... Mr. Odio: ... it had gone up. Mr. Plummer: ... that's on projections. Mr. Odio (OFF MIKE): Yes, but it's gone up. Mayor Suarez: You're telling me the agency or the bureau costs us more than what the bed tax is producing and yet you want to take bed tax revenues to... Mr. Odio: Oh, no, no, no, no,... Mr. Plummer: No. Mayor Suarez: What are you saying? Mrs. Kennedy: Accordingly to Carlos Garcia, it is a million two. Mr. Odio: A million two but I was told that it was going up to a million five. I haven't seen that, but we're using a million two. Mr. Plummer: We're projecting. I sit, look, I sit on the TDC. We're projecting the potential as a million five, that's what we're projecting. But that doesn't mean that that's going to be actual. What we've got to work on is last year's numbers which is, in fact, a million two. Mayor Suarez: A million two for what? Mr. Plummer: For the bed tax. Mayor Suarez: That's not the question. Mr. Plummer: Oh, what he's asking is, what percentage of that, or how many dollars is dedicated to the convention bureau for the sales? Is it three hundred thousand, two hundred thou... Mayor Suarez: It's a very simple question, what's the budget of the convention bureau right now? Mr. Odio: I believe it's $600,000 that goes to the convention bureau. Mayor Suarez: So you're basically have freed roughly $600,000 a year. Mr. Odio: Left for the Orange Bowl, right. Mr. Plummer: Right. 12 July 21, 1988 Mr. Odio: Out of which we fund two events. Mayor Suarez: So in two years, you would be able to pay this if we didn't bond it. You could borrow $600,000... Mr. Odio: Oh, sure, yes, sir. But we wanted to keep that number intact so that - we need regular maintenance at the Orange Bowl. Mr. Plummer: Well, let me try to, if I can, make... Mayor Suarez: Well, you also want to keep it intact if you're going to try to convince us to approve Phase II because you want to bond that out for Phase II. Mrs. Kennedy: Sure. Mr. Plummer: That's correct. OK. What I think the misunderstanding comes about is this way. There had to be a guaranteed source of revenue to do Phase I. The Manager stated, for the record, and correctly so, that the bed tax money was there if, in fact, Phase II was not approved. Now, everybody has hoped, from day one, that when Phase II would be approved and the bonds would be issued, that that Phase I was a part of and would reimburse the bed tax money back to the City from the bonds of the total project. As you will recall, we wanted to do originally, the total project, not a Phase I and II, but Phase I and II as I. And that's where the thing, I think, is come about that there seems to be, you know, a problem. It's mechanical, it's really mechanical. If everything had gone according to the plan, Phase I would have been the total project and it would have been paid for from the 16 million. This Commission asked, or it came about, to do Phase I there had to be a guaranteed source. The Manager said from that source would be bed tax if the guarantee. If, in fact, the Phase II passes and 16 million of which Phase I was a part, then Phase II would reimburse Phase I and the bed tax money would remain intact. I hope I haven't confused it but that's the way it runs. Mr. De Yurre: Well, you know the thing is that, you know, even you, J.L, after Cesar made that statement, you say also, we already have the money from the bed tax. You know, it doesn't say... Mr. Plummer: As a guarantee, yes, we do. Mr. De Yurre: But that doesn't say that, you know. Mr. Plummer: Oh, that's his statement, not mine. Mr. De Yurre: When Cesar says we have the bed tax to pay for it, you know, I'm saying here it is and there's the money. He doesn't say anything about using the money for guaranteeing the work. Mr. Plummer: OK. Mayor Suarez: That's particularly important because in the past, we always paid - yes, on a cash basis. We didn't bond out any of the bed tax monies. Mr. Odio: Well, no, Mr. Mayor, let me clarify that. Mr. Plummer: Well, here again, Mr. Manager, I have to put a word of caution, all right? And I made this before and I want it fully understood that the bed tax money, as originally proposed, through the state legislature, gave 20 percent of that money, the total pot, to the Orange Bowl - that was the wording - then it was changed because it can be changed by a majority vote of the Metro Commission. They did, in fact, change that wording and said, Orange Bowl and sports. Now, that was the Second Phase, there's a third phase. The third phase is when this City Commission joined in in the support of the TIC, the tourist industry council, if we would give $100,000 to the tourist industry council from that money. They, in turn, would release any restrictions that apply to that money as long as they felt it was for promotion of the City and that's the way it is. Now, the key factor that I'm trying to caution everybody on, that contract is renewed annually. That contract can be changed and the Metro Commission can go back tomorrow and say, hey, you don't have that any more in the way that you have it presently. So, I'm just giving a word of caution that that is a one year renewable annually contract. I don't foresee that we're going to change our mind or change the game plan. But I have to put that word of caution on the record. 13 July 21, 1988 f Mr. De Yurre: I'd like to also get an explanation or a clarification of the bed tax money which we're saying it's approximately 1.2 million annually. We're saying that $600,000 goes into the convention bureau... Mr. Plummer: That is correct. Mr. De Yurre: So that leaves $600,000. Mr. Plummer: Of what we know as a conservative number, yes. Mr. De Yurre: OK, which - Cesar said that he'd like to have it available for repairs and maintenance of the Orange Bowl. Mr. Plummer: Correct. Mr. De Yurre: OK, now how does that work then if we're guaranteeing as part of the bond issue, we're guaranteeing the bond issue with this money. Mr. Plummer: No, you won't. This money, the TDC money was used as a guarantee that we would have the funds to pay for Phase I if this Commission did not approve Phase II. Mr. De Yurre: OK, well, and getting into Phase II, OK. It is my understanding from sitting up here and listening that we get $275,000 from the revenue of the proposed boards that we're going to have throughout the City that we're talking about seven hundred some odd thousand from... Mayor Suarez: From the surcharge. Mr. De Yurre: From... Mayor Suarez: Ticket surcharge. Mr. Odio: The seat charge. Mr. De Yurre: From the ticket surcharge. Is any of that money that we're guaranteeing the bonds with part of this $600,000? Mr. Plummer: No. Mayor Suarez: Plus the $600,000 too. Mr. Plummer: No. Mr. Odio: No. Mr. De Yurre: Then, where's the 2 million... Mayor Suarez: Wait, wait, wait, wait. You've got to add up the 2 million dollars on the stream of revenues. Now, come on, somebody give us all the figures here before we get confused. Now, we're really talking about Phase II. Mr. Plummer: All right, just remember that $700,000 as proposed as a seat charge is a very conservative number. In fact, last year there were 960,000 tickets sold of which a dollar each would be a tax add on. So... Mayor Suarez: But the breakdown has roughly seven hundred plus thousand from the surcharge, two hundred and some thousand from the scoreboard. How much from concessions? Mr. Carlos Garcia: $260,000. Mr. Plummer: From what? Mayor Suarez: From concessions? Right? Mr. Garcia: The total amount - yes, Mr. Mayors... Mayor Suarez: Additional concession revenue... 14 July 21, 1988 171 Mr. Garcia: Right. Mayor Suarez: And then, how much from bed dx7 th,,ught that was your last item on there. Mr. Garcia: $785,000. Mayor Suarez: OK, so that's your answer. Not only is he planning to use the $600,000, actually that are left on the bed tax. Actually, it's $785,000. Mr. De Yurre: Well, can that be done if we're using that money for renovations and not... Mr. Carlos Smith: I'd like to make another clarification. Mayor Suarez: Well, because the idea - wait, because the idea is to bond out the entire amount for Phase I and Phase II and then take whatever amounts are needed from Phase I from it and then the rest are for Phase II. If the Commission doesn't approve Phase II, you could just take the $600,000 in one year and then $600,000 the next year and you've got the whole thing done. Mr. De Yurre: OK, but I'm looking at into the Phase II aspect... Mayor Suarez: Right. Mr. De Yurre: ... and my point is that if we're saying that we can pay for the bond issue from these amounts - seven hundred, four hundred, whatever, they add up to 2 million... Mayor Suarez: Right, they add up to 2 million dollars a year bond out to 16 million and cover Phase I and Phase II if we chose to follow that. Mr. De Yurre: OK, however, Cesar's saying that he wants the $600,000 left from the bed tax for renovating the Orange Bowl. Mr. Odio: No, to maintain the Orange Bowl, but if Phase II is not approved, but if you approve Phase II we're going to renovate the Orange Bowl period. Mayor Suarez: Oh, I see what you're saying. You're talking about maintaining the Orange Bowl but not these renovations. You mean as a separate thing. Mr. Plummer: Oh, very definitely. Mr. Odio: Oh, sure. Mr. Plummer: You're talking - here, let me give you an example. If you don't do Phase II, the City is immediately addressed with the problem of a million dollars to redo the ramps. Mayor Suarez: OK, what he's saying is, if you do all of these renovations, then you don't have this money available for quote, unquote, maintenance and repairs to the Orange... Mr. Odio: Wait, we understand that but we won't need that to spend then... Mayor Suarez: Why not? OK, now let's get to that question. Mr. Odio: Because one of the serious problems that we have in the Orange Bowl is the - what I'm told by the engineers - is that eventually the ramps will have to be rebuilt... Mr. Plummer: Every twelve years. Mr. Odio: ... because of failure in the steel or whatever. So we have been upgrading the concrete areas, especially in the seating areas, where we had failures. We had to tear them up and fix them pieces at a time. Hopefully, now, when we go in and put new ramps and new areas and whatever we won't need to be doing that except for some areas... Mayor Suarez: OK, if you didn't do the renovations as called for by Phase II... 15 July 21, 1988 Mr. Odio: We would need to spend... Mayor Suarez: ... plan A or plan B, you would have to spend a lot of that money, if not all of it, in simple maintenance is what you're saying. Mr. Odio: Yes, yes, yes. Mr. De Yurre: Now, aside... Mayor Suarez: Now, I'm not saying I buy any of that but I'm just restating what you're saying. Mr. Plummer: It's major maintenance. Mr. De Yurre: Now, if there aren't - let's say we don't have any problem with the repairs to the ramps. What other repairs traditionally, historically, do we have in the Orange Bowl? Mr. Plummer: About $600,000 a year. Mr. Odio: Well, we have the steel beam, we have beams - the seating areas are precast slabs of concrete - they failed, in some cases, a foot went right through it. We had to actually fix sections at a time. Mr. Plummer (OFF MIKE): I hope there's no pending lawsuits. Mr. Odio: We had engineers did studies on the steel beams under the stands that nobody sees that were failing and we had to redo them. Mr. De Yurre: OK, where does that money come from now? Mr. Odio: It came from the bed tax. Mr. De Yurre: Where is it going to come from in the future? Mr. Odio: We're going to spend $60,000,000 in the Orange Bowl. Mr. Plummer: TD... Mr. De Yurre: No, no, but it doesn't include the seats... Mr. Plummer: Well, hold on... Mr. De Yurre: ... it doesn't include any of that. Mr. Odio: We have done all of that already and the seats area so what we're talking now is redoing the most expensive part which is the ramps. Mr. De Yurre: Yes, but Cesar, I'm getting into maintenance. Maintenance is a recurring... Mr. Odio: I'm not talking about maintenance, I'm talking about renovation of. Mr. De Yurre: No, but you were telling me that there's work that has been done traditionally under the seats, the concrete, the... Mr. Odio: But it wasn't traditionally, it was a study done by the engineers saying, you are going to have failures in these areas. You better fix them. We had a schedule of maintenance done for the Orange Bowl that took so many years. Nov we're saying, let's do it new. Mr. Plummer: We had to put a five year plan in. Mr. Odio: We had a five year plan that was done. Mr. Plummer: That five year plan just was not only maintenance, Victor, there was a lot more involved. Mr. Odio: Maintenance, sir, Commissioner, let me clarify something. Maintenance is the maintaining of the status quo. We have been actually tearing down and rebuilding part of the Orange Bowl in pieces, I'm sorry. 16 July 21, 1988 # 9 Mr. Plummer: Plus other amenities to the Orange Bowl. We have upgraded a number of things. For example, the security fencing around the place which was put in came from that TDC money. The upgrading of the lights in the past came from that TDC money. A number of the things that we did in the Orange Bowl came from that source of revenue. Now, also, we used money for maintenance, but we did do a lot of upgrading from that same source of funds. Mr. Pat Yasky: Commissioner. Mr. De Yurre: OK. How many years are these bonds going to be out for? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. De Yurre: OK. Mr. Odio: Twenty years. Mr. De Yurre: So, for the next 20 years, we will not have available the bed tax money. Mr. Plummer: That's not necessarily true, now. That's not necessarily true. It depends on the use of the Orange Bowl. I would not be sitting here being a backer of this proposed plan if I did not think that the upgrading of the Orange Bowl was going to encourage more activity in the Orange Bowl. Mr. De Yurre: Well, that's revenue. Mr. Plummer: Of course it's revenue and these are revenue... Mr. De Yurre: But I'm talking about actual - I'm talking about the bed tax money. Mr. Plummer: But these are revenue bonds. Correct? Mr. Carlos Smith: Yes, that's correct. They're revenue bonds. Mr. Plummer: They're revenue bonds. So if you have revenue sources coming in, you do not have to tap your restricted or committed funds. Mr. Smith: May I address the Commission a minute also. Since we presented the first numbers at the Commission meeting in June, we have received information from the people that are going to be putting up the scoreboards on the projected revenue. And they have given us - we have projected revenue of $250,000 from the remote scoreboards and the Orange Bowl scoreboard. They have... Mr. De Yurre: Is that the one that's going to be in Bayfront Park also? Mr. Smith: There's three of them. I believe one is in Marine Stadium - there's four, one is the Orange Bowl, I believe there's one in the Marine Stadium, one of the Miami... Mr. De Yurre: There's one at the Knight Center. Mr. Smith: I believe so, I'm not too sure of what the four locations are. Mr. De Yurre: And one in Bayfront Park. Mrs. Kennedy: And one in Bayfront Park, yes. Mr. Smith: What they have given us though is figures, for example, that the Superdome in Louisiana, they generate $180,000 and it's black and white vs. color. And it's only one scoreboard. We're talking about three or four scoreboards. In New York, I understand there's one for a hundred and fifty that generates $154,000. They have given us some figures that they estimate on the low side of $406,000 a year and on the high side, $816,000 and we have projected $250... Mr. De Yurre: From what used to be two fifty? 17 July 21, 1988 9 Mr. Plummer (OFF MIKE): What's the approximate attendance of the University games? Mr. Smith: We have projected two fifty. These are the new figures they have given us which would allow us to lower, hopefully, the TDC tax. Mr. De Yurre: But hold it, hold it. Two fifty, whose projection is that? Mr. Smith: We have made that projection. Mr. De Yurre: The City of Miami, you guys? Mr. Smith: Yes. Mr. De Yurre: OK, now, they say it could be anywhere from four to $800,000. Mr. Smith: But they have also provided us - that's correct - they have also provided us with actual figures from the Superdome which is one scoreboard and black and white versus color and 3 or 4 sites which is what we have. Mr. De Yurre: OK. Mr. Smith: And that generates $180,000 a year. Mr. De Yurre: OK, I have one problem and, you know, I won't bring it up again if Rosario does not agree with it but I think if you're going to have one of those boards at Bayfront Park, it is going to generate $150,000 or $200,000, that that money should go for maintaining Bayfront Park. Now, if she doesn't agree with me, then I won't bring up that point any more. Mrs. Kennedy: I see that Rodney Barreto who's here representing the trust is going like this, I think he wants to address that. Mr. Odio: But, Commissioner, he doesn't... you're going to get the scoreboard on your own? Because you won't get the scoreboard unless you do the Orange Bowl. Mayor Suarez: Wait, wait, wait, wait.... Mr. Rodney Barreto: No, I just wanted to address that, Mr. Mayor and Commissioners that I don't think this deal includes Bayfront Park. Bayfront Park's a completely separate issue. Mr. De Yurre: I don't think so. Mr. Plummer: No, there's a remote board, a calendar board, that is proposed for Bayfront Park, an event board. Mr. Barreto (OFF MIKE): Yes, but it's not part of this package. Mr. Plummer: It's part of the scoreboard. Mayor Suarez: I hope not, I mean, I hope that we don't get into anything other than the Orange Bowl as far as the scoreboard. Mr. Plummer: That's what I would like to do. Mr. Barreto: We're a separate thing. Mr. De Yurre: My understanding is that there are four boards coming with the Orange Bowl deal and it includes Bayfront Park, the Knight Center, the Orange Bowl and the Marina. Mayor Suarez: It better no be because we've made that pretty clear, I think. Mr. Barreto: I'm not aware of any more coming to Bayfront Park. That's... Mr. De Yurre: Well, let's clear that up right now. Mayor Suarez: Rodney, we're going to try to solve this but, Mr. Manager, let's clarify we're dealing with the Orange Bowl scoreboard only. 18 July 21, 1988 0 r Mr. Danny Kresky: Excuse me, if I may. I'm Danny Kresky, I work for the parks department and public facilities. Somehow the information here is being misconstrued and the actual number of scoreboards relative to the Orange Bowl and the outland boards will be on Rickenbacker Causeway in front of the Marine Stadium, in front of the Coconut Grove Exhibition Center on Bayshore Drive and in an area to be agreed upon around the Orange Bowl. Those are the three outland boards which will raise, as Carlos mentioned, $250,000 as an estimate for the first year. But that is an extremely conservative low figure based on the numbers that we were able to ascertain from the New Orleans Super Bowl board of which Mr. Jerry Coogan is here who can explain those numbers in maybe more detail to you. We have three boards that will go up and operate 18 hours a day, year round, excluding the hours from 2:00 a.m. to 6:00 a.m., advertising products that we will create a marketing program for. The cost of that advertising is yet to be determined but, based on having three key locations around the City of Miami, we feel that we can have at some point in time a sellout configuration going with income in the $200,000 to $800,000 range. Mayor Suarez: OK, you're really not talking about just any old three locations. You're talking about three facilities that would have a scoreboard or sign board if you want to call it that. You're talking about... Mr. Kresky: Actually, a color matrix board. Mayor Suarez: You're talking about Marine Stadium, Dinner Key Exhibition Center and the Orange Bowl. Mr. Kresky: Correct. Mayor Suarez: I'd much prefer dealing with the Orange Bowl myself. Mr. De Yurre: Then it's correct to say for the record that Bayfront Park, in no way, figures, it has never been considered a possible site for a board. Is that correct to say? Mr. Kresky: Correct. Mr. De Yurre: OK. Now, another thing that is disturbing to me is the fact that, and I've been reading the resolution and I was informed by Carlos Smith a couple of days ago when we had the briefing on this item, that the company that is providing the scoreboard will not place it unless a contract is entered into beyond 1991 with the University of Miami, is the correct? Mr. Odio: That is correct. Mr. De Yurre: Where, on the agreement is that stated? Well, I'd like to know. Mr. Odio (OFF AND ON MIKE): I don't know, but they stated that to us. Mr. De Yurre: I'd like to know. Mr. Plummer: Well, common sense would tell you that it'll be next year. Mr. Odio: They're not going to spend that kind of money in boards not to have any clients in the Orange Bowl after '91. Mr. De Yurre: Well, I'd just like to know where in the agreement it states that. Mr. Odio: OK, yes, sir. Mr. Plummer: While they're looking for that, can I ask a question because I didn't put the numbers together. Who came with the fact - Carlos I heard you make a statement that anticipated from concessions was $250,000 a year? Huh? Mr. Smith (OFF MIKE): $260,000. Mr. Plummer: Where the hell did you get that number from? Mr. Smith: We actually have some numbers from the concessionaire. 19 July 21, 1988 Mr. Plummer: Well, I'm looking at the fact that you have $300,000 for the University games and $75,000 for the Orange Bowl game at $4.00 a head, that comes out to roughly almost 2 million dollars and 42 percent of which we get of 2 million dollars is got to be a lot more than $250,000. Where the hell did those numbers come from? Ms. Dianne Johnson: The number we're referring to is the increased amount of revenue we get. The increase over... Mr. Plummer: You're talking above... Ms. Johnson: Above what we normally get. It is the increase in the number. Mr. Plummer: ... you didn't say that. What is the number now? Mr. Kresky: $442,000 in 1987. Ms. Johnson: That was for the Orange Bowl and U of M games alone. Mr. Plummer: Then you're not doing $4.00 as I've been told. Ms. Johnson: The per cap from the Orange Bowl and U of M games in 1987 ranged from two nineteen to two ninety-three. Mr. Plummer: Who told me a $4.00? Ms. Johnson: The concerts have a much higher per cap. Mr. Plummer: OK, all right. All right, so what you're anticipating is $400,000 is that what it was last year? Ms. Johnson: We're anticipating an increase... Mr. Plummer: No. Ms. Johnson: ... of approximately $300,000 over prior year revenue. Mr. Plummer: And what was prior year? Ms. Johnson: Prior year was $442,000 plus. Mr. Plummer: OK, so you're roughly talking about $750,000. Ms. Johnson: Correct. And that's just from the games. Mr. Plummer: All right. Mr. Kresky: If I could introduce Mr. Jerry Coogan, he's from Coogan Enterprises and he's the distributor for American Sign and Indicator. Mayor Suarez: Unless some Commissioner has any questions for Mr. Coogan... Mr. Odio: No, Commissioner De Yurre asked a question. I want him to... Mr. De Yurre: I have a question. Mr. Kresky: We wanted to explain that ten year situation if we might. Mr. Jerry Coogan: Thank you. Commissioner, we already have five corporate sponsors prepared to sign contracts on the $4,000,000 project. But it's common practice on these type of facilities, scoreboard installations, in return for their investment they get a ten year exposure. If the University is not going to guarantee by contract to be in there at least ten more years, they will not sign the contracts. And I can tell you who the sponsors are so far. We have Coca Cola, U.S.A.; we have Ten K (10K); we have CenTrust; we have Eastern Airlines and Miller Beer at this moment committed to the program. But they will not contract at this moment until... Mr. Plummer: Just for the record, I want it to be understood, that at no time did I go into any depth on the scoreboard. I accepted the numbers that were projected at our committee meetings as what the source of revenue would be. The one scoreboard - the only depth I got into was the original proposal of 20 July 21, 1988 what they put forth as what it would look like and they did, in fact, change that. I, for one, would reserve the right as a Commissioner, not as a committee chairman, to go back into that scoreboard and look further into it. For example, how much and what and why - you're talking about 18 hours a day. Is there going to be 17 hours of commercial and one hour of informational? Are these - well, you know, I'm just saying these are the things that I've got to know as a Commissioner what, in fact, is the total concept of the scoreboard other than as a committee chairman accepting what the source of revenue would be to support the bond issues. I just want that on the record. Mr. De Yurre: Now, again, for the record, no where is it stated on the contract that you've entered with the City that you have to wait for a - or that it's contingent on signing a contract with the University of Miami. It may be, in reality, that nobody's going to sign as a sponsor until that happens but, as far as you and the City are concerned, that is not part of the agreement. Is that correct or not? Mr. Kresky: No, it was not addressed when we signed our agreement. But we have corporate sponsors that will sign their contracts now but they want a letter attached stating that should the University of Miami not commit for an additional ten years, then the contract is null and void. So, one way or the other, they want a ten year commitment that someone will be playing in the stadium. Mr. De Yurre: Then conceivably, if we're talking about renewing the contract beyond 1991, we may be three years without any scoreboard, your scoreboard anyway. Because, if we don't sign it until the end of the term that we have right now... Mr. Odio: Commissioner, I have a commitment from the University of Miami... Mr. De Yurre: If they get this and if they get that, they're ready to sign. Mr. Odio: That if you approve the plan today, I wouldn't move a shovel until we get the extension on the contract. Mayor Suarez: Yes, that is conditioned on that... Mr. Plummer: Yes. Mayor Suarez: ... otherwise, don't even talk to us about all of this if we didn't have a ten year agreement from the University of Miami, otherwise this is all academic. Mrs. Kennedy: That's right, we do need some kind of a commitment. Mr. De Yurre: Yes, OK. Mr. Odio: It's not ten, Mr. Mayor, it's more than 10 years. Mr. Plummer: Yes. Mayor Suarez: Well, ten years minimum because the Commissioner's raising a valid point about the scoreboard. Mr. Plummer: That's exactly the word. We are talking ten years minimum. They were willing to talk more than ten but guaranteed ten. Mayor Suarez: Well, but it hinges - I mean, it connects up and interfaces with the whole issue of the scoreboard. Mr. De Yurre: Well, I'll tell you one thing, you know... Mr. Odio: I think... Mrs. Kennedy: It's a very relevant issue, absolutely. Mr. De Yurre: ... for us to get into a 60 million dollar revenue bond issue that's going to be paid out over 20 years... Mr. Odio: We should have 20 year contract. 21 July 21, 1988 Mrs. Kennedy: Twenty year contract. Mr. De Yurre: ... we should have a 20 year contract. Mr. Plummer: That's why we've been talking that but they... Mrs. Kennedy (OFF MIKE): And that's what they have been talking about, yes. Mr. Plummer: ... for the purposes of the scoreboard, we were able to get a commitment from both the Orange Bowl and the University that they would sign a contract for no less than ten. We're talking more, but no less than ten. Mr. De Yurre: Well, I'd like to see it tied in directly with the bond. If they walk out after ten years, then it's going to affect us directly on the payment of that issue. And, in reality, we're doing this for them because that's the only tenant we have. Mr. Odio: We have two tenants and the intention is to get a twenty year contract and also let me point out that this deal with the scoreboard is good for the City because it's a ten year agreement. After that, we own the scoreboards and it's all free - all total income comes to us. Mr. De Yurre: Now, the scoreboard and we've discussed this before but I have to rehash it, we're not talking about an instant replay, state of the art type thing. Mr. Odio (OFF MIKE): No. Mr. De Yurre: OK, how much would that cost more than the 4.3 that we're talking about for this one? Mr. Kresky: Right, this is a color animated board but it is not a video replay board. Mr. De Yurre: How much - what's the difference in price? Mr. Kresky: A video replay board alone with no scoring systems attached is about six and a half million dollars. Mr. De Yurre: So the whole system would run what, about 10 million? Mr. Kresky: College football does not support video replay, only professional sports teams have video replay. But I'd like to answer one question about revenue generating from your scoreboard package. Once the first ten years has expired, your sponsors then renew on your scoreboard package. The scoreboards have already been paid for and donated. Any revenues generated from their renewal contracts goes directly to the City. Mr. Plummer: Well, give me this number, maybe this would be interesting. What is the total anticipated revenue - you're making a profit and you're entitled to it - what would the City be logically looking at after year 11? As a source of revenue? Mr. Kresky: Right, the equipment would be used but then, you don't use that as a measuring rod. What you use is what advertising is costing at that period of time ten years from now. You may make more money than we sold originally to get new equipment and that money goes directly to you. Mr. Plummer: Approximately how much? Mr. Kresky: We're getting $500,000 per sponsor and we're getting 8 sponsors. Mr. Coogan (OFF MIKE): $400,000 per year right now what we would be receiving. At the end of ten years, that number could be increased to $800,000 a year. Mr. Plummer: But, in other words, we're receiving now $400,000 is our share. Mr. Coogan (OFF MIKE): Well, no, that's what the cost is to put the board up. That's why they collect that money... Ms. Hirai: Excuse me... 22 July 21, 1988 Mr. Coogan: I'm sorry, that's why they collect that money for the first ten years. Thy ownership of the board becomes the City of Miami's at the llth year and that average of $400,000 per year, which is what the present advertisers will pay, could easily be $600,000 or $800,000 per year which would be income directly to the City of Miami. And then again, the outland boards are additional income. Mayor Suarez: On Phase II, Mr. Manager... Mr. Odio: Yes, sir. Mayor Suarez: ... you're now presenting two alternative improvement plans. One has a price tag of roughly... Mr. Odio: One, the plan A is sixteen and plan B is 11. Mayor Suarez: But the sixteen includes Phase I. Mr. Plummer: Correct. Mr. Kresky: Yes. Mayor Suarez: Can we just take Phase II now and tell me the two alternative figures? Mr. Odio: It would include Phase I also. Mayor Suarez: Can we just take Phase II and give me the two alternative figures, please. Mr. Plummer: Withdraw Phase I out of the balance. Mayor Suarez: Yes, we've approved Phase I that's - I'm deferring to our prior action. Mr. Odio: The construction figures will be A, is $13,750,000 and B would be $8,900,000. Mrs. Kennedy: The problem... Mayor Suarez: OK, so it's based - I'm sorry, just to set the table here for the discussion, it's basically a $13 million dollar improvement program versus an 8 million plus. OK, I'm sorry. Madam Vice Mayor. Mr. Odio: Yes, sir. Mrs. Kennedy: The problem with plan B, as I see it, is that it does not eliminate the narrow concourse and when you have a big concert and you have people going to the restrooms and to the concession stands, you don't dispose of the congestion problem. Also, as far as maintenance costs, it's much cheaper to maintain it with plan A because you can put service equipment whereas in plan B, you will have to use a brooms and that will be more expensive. Mr. Odio: The one thing that - and I was not convinced the ramps - but it will lead - under plan A you will need less people to manage the Orange Bowl because you would have only four gates versus 14 or 16 that we have now. In other words, you would have less people needed at the gates than we do now so the cost per event will go down. Mayor Suarez: Now, let me ask a philosophical question, I really would like, maybe, our committee representative or chairman, Commissioner Plummer, to answer this for me if he would. It seems that we've got three and a half, almost four seasons left with the University of Miami on the existing contract. It also seems that there's been a little bit of a discussion back and forth as to whose initiative has brought us to where we are. University indicating to me that they, of course, want all the improvements they can get for the Orange Bowl and I'm sure we'll be requiring some if they should ever get into a long term agreement with us, but this is not necessarily their initiative and the Orange Bowl Committee, although I haven't spoken to Jim about it, certainly the incoming president Tom, who's here, indicated that 23 July 21, 1988 a # this was not necessarily their initiative either. My philosophical question is, why now? We've had one engineering company look at the structural problems of the orange Bowl trying to solve the issue of the concessions and the bathrooms basically because I totally discard the idea that the ramps are somehow insecure, whatever that's supposed to mean, and I don't think anybody has seriously made the argument there's a security problem on the ramps. They might make the argument that 12 years down the road we have to replace therr, which is inconceivable to me that we can't build ramps to last more than 12 years, but, leaving that out for the moment, the concessions and the bathrooms need to be improved and we've had one engineering company look at this and tell us that we must spend anywhere from 8 to 13 million dollars to carry this out. We've got three and a half years left on the contract with our principal and very successful tenant. We've got no problems with the Orange Bowl Committee that they have indicated to me, at least at this point, and I don't know how many years we have left in our agreement with them, Jim, but it must be a couple of years. Mr. Plummer: Same, same. They're concurrent. Mayor Suarez: OK, they're coincident. Why do we not then go to some reconsideration, some other engineer, some other analysis of whether this is the only way to proceed, particularly in view of the fact that if we had problems with turnstiles and people getting into the stadium when we had - I don't know how many gates we have, 12, 14 gates - now we go to four gates under this plan and I've looked at some of the memos from the police department, the fire department wondering whether that is really going to be better or worse. Why do we have to act on this now? Why don't we take a few months, have another engineer look at this, come back, maybe there's a more creative way of accomplishing this which also doesn't cost eight to thirteen million dollars. That's my question. Mr. Plummer: Well, let me give you a little bit of rhetoric here. First, how did the initiative come about. It was through this Commission who appointed me of a chairman to look into the three facilities and see what was the future. That was the Orange Bowl, the Marine Stadium and the baseball stadium. When we talked and sat down, first on the Orange Bowl, it came about that we asked the University of Miami and the Orange Bowl Committee what they were interested in in signing a contract beyond the year 1991 when this present contract expired. That is where evolved all of the different discussions. We had no advanced reasoning that we could even get the Orange Bowl Committee and the university to commit to a dollar a seat surcharge. That wasn't even in the thinking at the beginning. When this came about and we said, OK, what you want, here is what they came forth. The Orange Bowl Committee, for example, was the most adamant about redoing the press boxes or the phase I, that there were just not adequate up there for the press, the media, and all of that. The thinking of the committee, overall, was that here we had the opportunity to do the redoing of the Orange Bowl predicated on no cost to the taxpayers. We had generated the source in the past, every time we addressed the Orange Bowl or any other facility, we came up with grandiose plans, with ideas and they never went anywhere because we never had the wherewith to finance them. Here we had the opportunity, basically was going to be paid for by the users. The users were the Orange Bowl Committee and the University of Miami. That's how it came about. These plans have been on the shelves, have been modified, have been changed, have been looked at and that's where we came about for a period of bringing it to this Commission that here we had the opportunity to do this with the users paying the tab. Did I answer your question? You might not agree with my answer, but did you understand... Mayor Suarez: Anything further from the Commission? Mr. De Yurre: Yes. I'd like to, you know, it's disturbing to me that we sat here a few months ago and we talked about $950,000 for phase I and now all of a sudden, two, three months later, we're hit with about a 23 percent increase of that original amount. And I'd like to find out about that and it's disturbing in the sense that if we're talking about a fourteen or a sixteen million dollar improvement, add on another 20 percent to that, where is that millions of dollars going to come from? You know, it's... Mayor Suarez: Twenty percent of that would be about 3 million dollars. Mr. De Yurre: That's right. You know, it's... 24 July 21, 1988 I Mr. Plummer: I think you know, Commissioner De Yurre, that I'm pretty stiff nosed. The only way we're going to know is to go out to an RFP or to a bidding procedure to actually come back with numbers. Now, these are the projected costs and they're just that, projected. I'm saying that until we go out to an actual bidding procedure, we're not going to know the bottom line. As in any other projects, we might come in less, indications is, it won't. We hope it comes in on the target, but if it were to go over that figure, it would have to come back to this Commission. So you have that safety valve there. Mr. De Yurre: You know, Elwood, I mean, J.L., when we're talking about this kind of estimate, don't we have in-house people that give us an estimate? Mr. Plummer: We have both. Mr. De Yurre: I mean like, how do we come up with the nine fifty to begin with? Mr. Plummer: We have both. We have not only in-house but... Mr. Odio: With the what fig... Mr. De Yurre: How do we come up with the $950,000 mark to begin with? Mr. Odio: You mean for the seat charge? Mr. Plummer: No, for the Phase I. Mr. De Yurre: No, no, no, no, for the Phase I. Mr. Odio: Oh, for Phase I. It was an estimate from the engineers. But we had to make some changes after we bid it and that's why we had to add $220,000 and that's why - I could list the changes that makes the job better including that - we had a problem with the elevators so we might as well take care of the elevators now and not wait, but... Mr. Plummer: It was to our advantage. Mr. Odio: It's to the advantage of the City but in the case of the second phase, when you go out for bids and we have a specific plans. See, all we have now is concept but once you designed it, you have the working drawings and they're sent out to construction companies, then we should be very close. I believe that Cundy... Mr. Plummer: Well, look, I would be willing, Commissioner De Yurre, that if the drawings and the presentation come in over 16 million dollars, OK, that it go and come back to this Commission for a further decision. We will at least then know if we are not on projected numbers, what the real numbers are. I don't know how else you would be able to do it. Mr. De Yurre: How much is that going to cost, going down to final plans? Mr. Plummer: I can't answer that. Mr. Odio: We need to come back to you. You approve this now, as we go out for bids, we have come back, you award the bids. Mr. Plummer: No, his question is... Mr. Odio: Oh, I'm sorry. Mr. Plummer: ... how much does it cost the City to get to the point of getting the bids back? Is that $50,000, $60,000, a $100,000, what is it... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: In other words, to get the bids back into this Commission, what are the cost factors involved? Are you paying for my time that I've been involved in this thing because if you are, that'll blow it out completely. Mr. De Yurre: But you're on minimum wage anyway. 25 July 21, 1988 I f Mr. Odio: It's about $600,000. By the time we get back to you with the bids already... Mr. De Yurre: $600,0007 Mr. Odio: Yes, sir. Mr. De Yurre: So, conceivably, you know, we're risking $600,000 on something that may not fly. Mr. Plummer: Where are you coming up with that number? Mr. Yasky: Normal design fee is about five to six percent of construction cost. Mr. De Yurre: And do we have to go out for bids for that also? Mr. Yasky: You don't have to go out to bid but... Mayor Suarez: Please, that question is directed at staff. Mr. Odio: Yes, we will out for it. Mr. De Yurre: We will go out for bid. For $600,000, we better go out for bids. Mr. Odio: Yes, we need to go out for bid. Mr. Paul Andrews: My name is Paul Andrews and I represent Cundy Spreaker Yaskin & Associates. The City Commission does, through the action that the Commission took to employ us as the engineers/architects for this project. We have a contract... Mr. De Yurre: For Phase I, $60,000 for Phase I. Mr. Odio: Phase I. Mr. Andrews: Phase I was the first aspect of the total project so we're commissioned to go ahead with it. Mr. Plummer: Paul, that's not answering his question. Mr. Odio: Well, the question is, we have not approved the engineers and architects for Phase II as of this moment. Mayor Suarez: Wait, wait, wait, wait... too procedurally here... Mr. Andrews: Yes... Mayor Suarez: Wait a minute, sir, wait a minute. I've not heard anybody ask you any question unless you want to hear from the engineers. I'd like staff to tell us what our procedures are, not anyone else; particularly not an interested party. I'd like staff to tell us. We presume that we're not in any way approving, at this point, the engineers, we... Mr. Odio: We had a contract with them to do the conceptual design. We have not awarded them the actual, and yet... Mayor Suarez: Conceptual design meaning a small... Mr. Odio: To get us to this point. Mayor Suarez: Right, to get us to the point where we are so we have not gone out and... Mr. Odio: And Phase I. Mr. De Yurre: That's why we approved this $60,000 for the Phase I, OK? Mr. Plummer: That's correct. 26 July 21, 1988 I Mr. Odio: Yes, yes, yes. You can also approve, if you wish, to extend them, to go ahead and finish this job and Phase I1 if you so choose or you can choose to go out on bids. Mr. De Yurre: No, I want to put it out for bids. Mayor Suarez: Absolutely. Mrs. Kennedy (OFF MIKE): Absolutely. Mayor Suarez: See, that takes care of my concern which is really a timing concern. I met yesterday with the University of Miami folks, Sam Jankovich, who is on vacation which is probably just as well. Because frankly, I had a tough time figuring out what that last letter of his said, the June 8th, 198E letter and what they told me made a heck of a lot of sense and this is the first time that I get input from the University of Miami on this issue that makes a lot of sense to me and I congratulate you for doing that. But, and I'm disposed to think that we need some major structural improvements because that's the only way to solve the problem of concessions and bathrooms. Mr. Plummer (OFF MIKE): Correct. Mayor Suarez: But why we - and that's in accordance with the Commissioner's recommendation who we set up as being the chairman of that committee but why we would have to rush into anything is beyond me and I'd have no problem if, in the meantime, we begin negotiations towards a 20-year agreement with the University or ten or fifteen. It sounds like 20 makes a lot of sense because of the bonding period. At the same time, hopefully, that this Commission and the people that we represent are going to have put before them a referendum on a major league baseball facility which is a very high priority. I don't want to say which is higher because I don't want to get into that argument. So, for myself, if I knew that we were going to have a few steps to follow and complete in terms of choosing a design and, you know, that this would take no less than four or five months before we'd actually get to the point that we'd approve any major work on that facility. In the meantime, we can negotiate with the University of Miami, with the Orange Bowl Committee and be sure that everybody's on the board here in agreement, then that would solve my concerns which are really merely a timing concern at this point. Mr. Plummer: And that's the concern of the University of Miami. Mr. Jankovich repeatedly, at every meeting, said that the City has made promises but never kept them. Promised to do this and promised to do that and every time it gets bogged down in conversation and the work doesn't get done. Now, we're looking at 191. As you said, it's three seasons off. This season, we can't do anything but we have to start if we're going to do this and get it completed in one season's open dates. And that's where the important factor comes. The University does not want to sign a contract and will not sign a contract, nor the Orange Bowl Committee, if, in fact, the contract for the work is not approved. Mrs. Kennedy: Well... Mayor Suarez: Actually, by the way, I think they still have four seasons left; three, three and a half years. Mrs. Kennedy: I spoke with Sam Jankovich yesterday morning. I asked him if it would make a big difference delaying this until September and his answer was, absolutely not. And let me tell you where I'm coming from. I still have a lot of questions and Victor, you're heading the effort to bring baseball to Miami, I still think, as I have stated before, that the best site for a baseball stadium is adjacent to the Orange Bowl. I'm not talking about a dual stadium now, I'm talking about one stadium adjacent to the other. I don't know and the answer is probably not, but still I would like to put it on the record and get an answer from the City, from Walter or who ever can answer this question. Should we have a baseball stadium adjacent to this, are there any changes in this remodeling plan that would need to be addressed? Mayor Suarez: Well, if I may, Madam Vice Mayor, certainly you pose an interesting question because if we were going to consider doing a baseball stadium adjacent to the Orange Bowl, that, obviously, would change much of what has been discussed and maybe that ought to be thrown in as another thing to be considered in the next couple of months. 27 July 21, 1988 I Mr. Plummer: Well, your major problem there, without addressing the real issue... Mayor Suarez: Is land. Mr. Plummer: ... is the amount of parking that is required by the... Mrs. Kennedy: Well, the parking would stay the same because we're talking... Mayor Suarez: Money to buy the land required for the parking. Mr. Plummer: Yes. Mrs. Kennedy: ... different seasons so the parking really would not be a problem. Mr. Plummer: Roughly now, you have 4000 parking spaces and the requirement, as I understand it, for any baseball franchise is 15,000 minimum. Mayor Suarez: Well, I would, at this juncture, because I know that there's many, many items to handle today, entertain one of two motions to see if we can move ahead on this and it's up to this Commission how you want to handle it. I hear a consensus, frankly, behind - taking a little additional time on this, I also hear a consensus behind doing some major renovation such as what has been proposed and I'll entertain a motion either way; either to just simply extend this and get further input from the University and further negotiations with the University or go ahead and approve, in concept, as long as you don't move forward on anything, Mr. Manager, and report back to the Commission as to the willingness to sign the 20 year agreement. Maybe get into the issues that the Vice Mayor has just raised having to do with what would happen if we chose that site and if we had the money to build a major league baseball facility on that site and, otherwise, resolve some of the concerns being expressed about the numbers that Commissioner De Yurre has raised and either way, I think we can proceed to a vote unless some Commissioner has some other proposal. Ms. Hirai: Mr. Mayor... Mr. De Yurre: The only concern that I have - my last concern is the $600,000 we're talking about bringing it up to the bidding process. Where is that money going to come from? Mr. Plummer: From the bond. Mr. Odio: We would have to - if you accept this, we have to sell bonds. Mr. Plummer: It's 5 percent of the cost. Mr. De Yurre: Well, what... Mr. Plummer: The cost is $16,000,000, so it's 5 percent of that. Mr. De Yurre: ... if the project comes back and it's way beyond what we were talking about right now, no bonds are going to be issued. So where is that money going to come from then? Mr. Plummer: Let me - Mr. Mayor, you said the alternatives of what today's actions can be. If, in fact, you want to go out and have a competitive bidding for design, I would suggest that the action that we take today is to instruct the administration to go out with an RFP for the design selection. That - you're still not under any obligation dollarwise, but at least you get the time frame running, and I think that is well in accord to go out with the RFP to select, if that's what you want to do and how you want to do it, but at least we get this time frame running. Let me say this, as your representative, it's going to make it a lot easier to go into that negotiations with something definite and concrete - well, concrete is not... Mayor Suarez: Do we have to, assuming we follow that procedure, do we have to still approve at a later Commission meeting, the actual RFP? Or can we give or are you suggesting, Commissioner, that we give them the go ahead to prepare and issue the RFP? 28 July 21, 1988 Mr. Plummer: I would say go ahead and prepare it and send it out because you're not under any obligation if you throw all the bids out which is the purview of the Manager. Mayor Suarez: I guess if we approved in principle the whole concept today, that would make sense to do that, otherwise... Mr. Odio: Let me say this, I believe in my nice talks with Mr. Jankovich that we won't get the first word on a new contract until this concept has been approved. I can assure you of that. Mr. Plummer: Well, look, let me try this on for size. Let me make a motion that says that we approve the concept and that we instruct the administration to immediately go out with an RFP to give this Commission the authority to select a bidding procedure. Mr. Odio: Yes, we don't need an RFP, that's why I was... Mr. Plummer: OK, whatever, give me the word, what is... Mayor Suarez: Yes, the procedure for selection but it should be competitive, it should not just be any... Mr. Plummer: Exactly. Mr. Odio: I think what we need to do is put out a competitive bid... Mayor Suarez: Right. Mr. Plummer: Fine. Thank you for the wording. That we approve in concept this renovations, Phase II, and that we instruct the administration to go out to competitive bidding for design. And I'll so move. It's just that simple. Mayor Suarez: And that competitive bidding or that bidding process will have to be approved as to the person or the entity selected. Mr. Plummer: Oh, absolutely, by this Commission. Absolutely. Mayor Suarez: That's in the form of a motion? Mr. Plummer: Yes, sir. Mayor Suarez: Do we have a second? Mr. De Yurre: I'll second the motion in order to get that point going, get the process going, but still have not decided one way or another on... Mr. Plummer: Hey, when the bids come in, you can reject it. Mr. De Yurre: I know. Now, meanwhile, while nothing is being built on Phase II, are we using the bed tax money to pay for the construction of Phase I? Mr. Plummer: No, what you've done... Mr. Odio: We're going to pay for Phase I, we're going to borrow money from either franchise fees or bed tax or whatever monies we have available and once we get the revenue bonds sold, we'll pay it back. Mr. De Yurre: OK, but now, my question is, well then, let me phrase it this way, where is that money going today, the bed tax money that we're receiving every month? Mr. Odio: It's already committed for this year. The monies were already committed for other projects this year. So we would have... Mayor Suarez: Beginning in the next fiscal year, where is it going? It will just be going into a pot except what is needed for the budget of the agency, the bureau? Mr. Odio: That's correct. That's correct. 29 July 21, 1988 Mr. De Yurre: So that conceivably, by the time this whole thing gets rolling, which may easily be a year, you know, we could have accumulated from the bed tax money, the money to pay for Phase I in total. Mr. Odio: I don't believe so, Commissioner. I don't want to say... Mr. De Yurre: What else would that money be going to? Mr. Odio: We have $600,000 that are going to the convention bureau. Mr. De Yurre: OK. Mr. Odio: OK. We have other works that we have committed, other projects that have been committed from there that I don't have the list here. Mr. De Yurre: For next year also? Mr. Plummer: Well, right off the bat, a $100,000 of it goes to the TIC. Mr. Odio: $100,000 goes back to the TIC. Mr. Plummer: Yes. Mr. De Yurre: OK, but are you talking about next year's money also? Mr. Odio: Yes, I'd like to get... Mr. Plummer: That is a long term commitment. Mr. Odio: I don't want to put numbers, throw out numbers like this. Mayor Suarez: That hundred thousand is assuming that we approve the new interlocal agreement. Mr. Plummer: That is correct, of course. Mr. Odio: Correct. Mr. De Yurre: Yes, but, my concern is, how far is our money from the bed tax committed then for improvements or this or that? Mr. Odio: It's committed throughout this whole year. Mr. De Yurre: This one right now or next year? Mr. Plummer: Wait, wait... Mayor Suarez: This fiscal year is what you're... Mr. Plummer: Whoa, whoa, just for this year, the interlocal agreement is for a one year renew option. OK, so it's committed for this year. Mr. Odio: No, he's talking... Mayor Suarez: And that comes up in September. Mr. Plummer: Correct. Mr. De Yurre: We're talking about the $600,000 left over. Mr. Odio: It's committed throughout this whole year. I want to see with the finance director what other commitments we may have for that. I know... Mayor Suarez: When you say this whole year, you mean the actual fiscal year which ends September 30th. Mr. Odio: Right and I also have committed the budget that I just prepared, $600,000, to the convention bureau and we have another $200,000 commitment, I know, to another event... Mr. Plummer: Well, what you're looking at is, hopefully, Mr. Mayor, and on the TDC now, let me put the other hat on, that the 1.2 is on projections going 30 July 21, 1988 to be a lot higher than what we have anticipated. Now, I can't sit here and guarantee that to you, no way I can do that. But it seems as how that tourism has been much better. Mayor Suarez: I'll take your guarantee if you also sign in with all the funeral homes you own and everything. Mr. Plummer: Yes, I will be happy to do that for you... Mayor Suarez: We can bond that out. Mr. Plummer: ... and then I'll just take over the TDC, it's a better profit. Mayor Suarez: We've got a pending motion and a second. Mr. De Yurre: Would Carlos know... does he have any idea? Mayor Suarez: I'm aware of that. We have discussion on the pending motion and a second, why is everybody getting all worked up about it? Ms. Hirai: Because prior to this motion, there is a motion on the floor by Commissioner Plummer, seconded by Commissioner De Yurre... Mayor Suarez: Yes. Ms. Hirai: ... on the emergency ordinance. Mr. Dawkins: Under discussion. Ms. Hirai: On item 10, so... Mr. De Yurre: What I would like... Mayor Suarez: Well, I don't know if it was an emergency ordinance. It sounded to me like an approval in concept, I don't... Ms. Hirai: No, no, the second motion yes, but the first motion was for item 10. Mayor Suarez: I didn't remember that. Mr. Plummer: For what? Mr. Fernandez: It was there, Mr. Mayor. Mr. Dawkins: Item 10? Ms. Hirai: We had a motion on the floor... Mr. Plummer: Didn't you call the roll on that one? Ms. Hirai: No, no we never did. Mrs. Kennedy: No. Mr. Plummer: Oh, all right, I'm sorry. Mayor Suarez: OK, let's clarify the motion then. Item 10 would do what, Phase I? Mr. Dawkins: What was the motion? Mr. Plummer: Phase I addresses - transfers the money from the Peoplemover downtown to put into this account to pay for Phase I which would be reimbursed. Mayor Suarez: And that's in the form of an emergency ordinance represented by item 10. Ms. Hirai: Yes, sir. 31 July 21, 1988 1 0 Mrs. Kennedy: And let the record reflect that Blues Brother two did not second Blues Brother's one motion. Mr. De Yurre: But is that Jake or Elwood? I want to straighten that out right now. Mr. Plummer: What's that? Mr. De Yurre: Which one is whom here? Mr. Plummer: What? Mr. De Yurre: Who's Jake, who's Jake and who's Elwood? Mrs. Kennedy: One and two. Mayor Suarez: Now that we've got the identities all worked out here, we've got a motion and a second on item 10, an emergency ordinance. Read the ordinance, please. Mr. Plummer: The only way you're going to know that is who says, Amen. Mr. Dawkins: Amen. Amen. Mrs. Kennedy: There you go. Mayor Suarez: Anyone who is either a... Mr. Plummer: I like hallelujah a lot better than Amen. Mr. Dawkins: It won't work. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10347, AS AMENDED, ADOPTED NOVEMBER 19, 1987, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY INCREASING THE PROJECT ENTITLED "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I', PROJECT NO. 404237, IN THE AMOUNT OF $220,000; APPROPRIATING FUNDS IN SAID AMOUNT THROUGH AN INCREASE IN THE LOAN FROM THE DOWNTOWN PEOPLE -MOVER EXTENSION PROJECT DEPOSIT, PROJECT NO. 371001; FURTHER INCREASING SAID LOAN PAYMENTS BY $73,000 ANNUALLY TO A NEW MINIMUM YEARLY AMOUNT OF $240,000 WITHIN THE TIME FRAME OF FY '89 THROUGH FY '91, BEING PRIMARILY SECURED BY THE METRO- DADE TOURIST DEVELOPMENT RESORT TAX, AND AS SECONDARY PLEDGE THE ORANGE BOWL STADIUM - EQUITY IN POOLED CASH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: 32 July 21, 1988 4 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10463. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Let me announce my vote and say that I am going to vote with it based on and in deference to the Commissioner that we appointed to look this over and staff that recommends it, we're going to have a lot to work out between now and the time that construction actually begins and, hopefully, some of the Commissioner's concerns, and I'm referring to Commissioner De Yurre, will be satisfied, because I've got a lot of pending questions but I assigned - this is Phase I right. Ms. Hirai: Yes. Mr. De Yurre: This is the increase of the $220,000. Mr. Plummer: Yes. Mayor Suarez: And the comments apply also to Phase II. I'm deferring to staff recommendation and to the Commissioner we assigned to handle this. COMMENTS FOLLOWING ROLL CALL: Mayor Suarez: We have a pending motion and then, Mr. U.S. Attorney, good to have you here today, sir, and we're going to take up your item very quickly so you can get back to what all the citizens want you to do which is - well I don't have to say what it is - it's good to have you. Newly appointed U.S. Attorney Dexter Lehtinen. Mr. Plummer: My other motion. Mr. Dawkins: Under discussion. I mean, it's been moved and seconded? Mr. De Yurre: No, we've already voted. Mayor Suarez: Yes, we have a motion and a second. Mr. Plummer: Yes. Mr. Dawkins: All right, under discussion. Will the RFP spell out that a maximum of 16 million dollars? Mr. Plummer: It can, very definitely. This is not going to be an RFP according to what I'm advised, it should be competitive negotiation. Mr. Fernandez: Correct. Mr. Dawkins: OK, well it... Mr. Plummer: Without question. Mr. Dawkins: Well, whatever it is, spell out that in no way will this remodeling go above 16 million dollars. Mr. Plummer: I will be happy to include that in my motion. That the competitive bidding for design be fully cognizant that 16 is the maximum amount of money that can be spent. 33 July 21, 1988 0 5 Mayor Suarez: Why don't we say, the amount that Phase II, the highest amount that it was supposed to be, it was actually... Mr. Plummer: Not to exceed 16 million. Mayor Suarez: I thought phase II was - that included phase I. Mr. Odio: That includes phase I. Mr. Plummer: That includes phase I. Mayor Suarez: Right. OK. With that proviso, we have a motion and a second. Any further discussion? Mr. Plummer: Now the wording is competitive negotiations. Mr. Fernandez: Yes. Mr. Plummer: OK. Mayor Suarez: Call the roll. Mr. De Yurre: OK, hold it. Now, does 16 million includes 2 million repayment? Of which... Mr. Plummer: Yes, sir. Mayor Suarez: Yes, so it's really - it's more like... Mr. Odio: Yes, it includes the whole project. Mr. De Yurre: OK, but the two million is more than Phase I, Phase... Mr. Odio: No, it's a million two from Phase I... Mr. De Yurre: Is Phase I... and what about the other 800 thousand? Mr. Odio: ... plus the total project was 16 million as I understood. Mr. De Yurre: But where does the other $800,000 come from? Mayor Suarez: I thought Phase II was basically 13 plus, not, I mean... Mr. Odio: Seventeen eight seventy-five plus the additional costs... Ms. Johnson: Thirteen seven fifty is total - well, construction total is $12,950,000. We estimate engineering and architectural fees to be $800,000 with part of Phase I's commitment of TDC funds, that's 2 million dollars, bringing the total amount of the bond to $15,750,000 which we've rounded up to $16,000,000. Mr. Plummer: Not to exceed 16 million is what I agreed to. Mr. De Yurre: And then what, the $800,000, what is the additional eight hundred, what is it, for engineering cost? Ms. Johnson: Yes, it was the estimate for architectural and engineering fees for Phase II. Mr. De Yurre: Oh, Phase II. Mr. Plummer: All right. Mr. Fernandez: The motion should be clarified to make sure that the RFP is just for design, it's... Mrs. Kennedy (OFF MIKE): It's a competitive bidded. Mr. Plummer: Competitive negotiation... Mayor Suarez: Design, design, so clarified... 34 July 21, 1988 1 0 Mr. Plummer: ... for design. Mrs. Kornedy: For the design. Mayor Suarez: Competitive negotiations for design of this... Mr. Fernandez: Competitive negotiations for design. Mr. Plummer: ... for design. Mr. Fernandez: Right. Mayor Suarez: With those parameters, within those parameters. We have a motion and a second. OK, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-679 A MOTION APPROVING IN CONCEPT PROPOSED ORANGE BOWL MODERNIZATION PROJECT -PHASE II, STIPULATING THAT SAID PROJECT, INCLUDING PHASES I AND II, IS NOT TO EXCEED $16 MILLION; FURTHER INSTRUCTING THE ADMINISTRATION TO IMMEDIATELY GO OUT TO A COMPETITIVE BIDDING PROCESS FOR DESIGN, WHICH MUST ULTIMATELY COME BACK BEFORE THE CITY COMMISSION FOR FINAL APPROVAL. (NOTE: This motion was later formalized as R-88-720). Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mrs. Kennedy: Since this is only for the design, in order to expedite the process and it's not binding, I vote yes. Mr. De Yurre: Yes, echoing Rosario's comments, I say yes. Mayor Suarez: Yes, again, echoing those two comments, because it's conceptual and we will have plenty of opportunity to go through this and stop it at any point. I hope that everybody understands that this Commission can stop the work at any point by not approving the actual contract for the architect, by not approving the RFP for the construction, by not approving any of this at later points and no one assumes that we have entered into any kind of contractual arrangement as has happened in the past. 35 July 21, 1988 i 0 EMERGENCY ORDINANCE: PROVIDE FOR CONSTRUCTION AND DEVELOPMENT CF A CITY OWNED OFFICE BUILDING TO BE LEASED TO THE UNITED STATES GENERA:, SERVICES ADMINISTRATION - AUTHORIZE ISSUANCE OF $30,000,000 OF CIT'i'S RENTAL REVENUE BONDS - SERIES 1988 - PROVIDE FOR REPAYMENT OF SAID BONDS, ETC. (NOTE: THIS ITEM WAS LATER RECONSIDERED, REPASSED AND ADOPTED AS AN EMERGENCY ORDINANCE, AS PROPOSED - SEE LABEL 27.) Mayor Suarez: OK, U. S. Attorney, this is the GSA building issue... Mr. Odio (OFF MIKE): What item is... Mr. Jorge Fernandez: Yes, it is, it's item eleven. Dexter Lehtinen, Esq.: Yes, it says to state your name and address. Dexter Lehtinen, United States Attorney's Office, the City of Miami. I want to first thank you for the City's interest and the City's support in this project over the years and the reason I am here is, in addition to thanking you, because we are all aware of the importance of the process and the record in proceeding forward in this kind of development and I need to present to the Commission, for your information and for the record, the view point of the United States Attorney's Office in this regard. I need to indicated what you were already aware of preliminarily and that is that assuming everyone agrees of the necessity for a United States Attorney's Office in the City where we have the chief court of the southern district of Florida with respect to the question of why the existing building is not sufficient and you need to go forward and assist us in the regard to making a new building. The existing building is a substantial distance from the court house. There are very, very few offices in the entire country of the 94 United States Attorneys who are not in the court house, literally in the same building as the court house so you take an elevator to get to court. The very few that are not are located very close across the street as you intend to provide here. Almost no one is located a long distance away where the assistants, in attempting to go to trial, are unable to actually carry the boxes and records that have to be taken to trial back and forth between their offices and there. We have to do it by van, we have to get additional assistance to do it. A lot of the things that are assumed in every other U. S. Attorney's Office become a burden and an expensive proposition here. The net result is that the assistants are discouraged from presenting certain kind of evidence and proceeding in certain ways so that's why we need to change the location that we are presently at. I've literally run the many blocks over to court in order to get there when the chief judge or someone wants to speak to me and if you're trying to get there quickly because a court proceeding is going on, it's a severe problem. Mayor Suarez: Isn't security a factor too? Isn't the idea to have it linked within one roof at least to the extent of having some kind of passageway so you're never outside and be subjected to... Mr. Lehtinen: Absolutely. In this system, the marshal service provides security for the federal court house and that's the reason besides convenience that most U.S. Attorney's Offices are in the court house. With this building, and one that you will have that would be connected or so closely approximate with your plans, the security is heightened. But with our current building, the marshal service is not responsible for the security so there is a contract with a private guard service that performs the job adequately as a private guard service, but inadequately from the view point of the security that is needed for a United States Attorney's Office. It's a anomaly, the situation; it's unacceptable from the view point of prosecutorial security and prosecutorial resources devoted to the court and that is why the current building is inadequate. Now, the main reason for my presentation is to discuss with you the connection of the City to the various municipal purposes that you would perceive in assisting the federal government in that fashion and I want to make it clear that while we commonly thank you for your assistance to the federal government, it is our perception and yours too, I believe, that, in fact, the action that you are taking is to promote the City's interest. That is your legal responsibility and that's what you're interested in doing and you are not simply helping the federal government, you are promoting the City's interests and the interests of your citizens in this municipal corporation in several different ways which happen to also benefit 36 July 21, 1988 0 9 the federal government but it's primarily a benefit to you. The first one that is very important in that area is that with the new Sports Arena in that area, the federal gu.-ZLnmeuLs uccupation of a building that yo-" will design and build in cooperation with GSA is a substantial asset economically to that community; a large number of jobs, the impact on that area and the positive economic benefits of that building are great indeed. Now, because I'm not the expert on economic impact and the positive aspects regarding economic development, and because your staff is more expert in that than I am, I will simply indicate that I think that in and of itself is a sufficient reason and a sufficient municipal purpose, but you're in a better position to provide detailed data in that regard. With respect to what the United States Attorney is responsible for in law enforcement, let me say this and that is a subject which most people would think of if you're providing a building for law enforcement. There are many ways in which the purposes of the City are served in this regard. And the first one and the one that most of the citizens of the municipal corporation will think of is the well known circumstance that we have a major, major narcotics problem in the southern district of Florida and in this particular area. It is a problem which reaches throughout the country so it is not simply our problem but it's the country's problem, but the importation of narcotics through the southern district of Florida, the utilization of the main court house where, incidentally, for the record, eleven of our fifteen federal judges in the southern district are located, and all of our senior judges that are actively working are located, so there's 12, 13, 14 chambers in this court house, by far the majority of the district which runs from Okeechobee - north of Okeechobee - to Key West. The first reason you would be interested in is that, with the crime problem in this community, with the burden that it places on your citizens and with the burden that it places on your police department, which you are paying a substantial budget tab for, the United States Attorney's Office and the federal courts play a major role in helping to control that crime problem, in helping to make the community safer for your citizens and in helping to reduce the burden on your police department. So the first general law enforcement related purpose is, in fact, to aid, as you are commissioned to do by your citizens, in reducing crime in the area and what you can do is aid a major prosecutorial entity in government in that regard. Now, let me be more specific, besides just suppressing crime, what we have in the federal system, as you know, is a complex relationship between different entities. Sometimes they consider themselves sovereign and opposite of each other and sometimes they're cooperative. But in the case, over and above just suppressing crime by an agency that you may not be - feel that you would be related to but which you want to help because it can help your crime problem, actually there's a second relationship. We, legally and in practice, deal very closely with the City of Miami police department. The constitution does not make the federal government an entity that does not relate to the State and local governments. We, in fact, the constitution contemplates a direct relationship between these governmental entities and it contemplates that the City of Miami, in appropriate cases, take, sue civil cases in the federal court system - be sued in the federal court system, for that matter - and that your police department bring evidence of crime that your citizens are paying them to investigate to the United States Attorney's Office and we prosecute it in the federal court system. So, besides just suppressing crime, your police department works very closely with us. It turns over municipal code violations to certain entities, state criminal code violations to certain entities and federal code violations to us and they come to our offices, they spend time in our offices, they fight the traffic problem and the parking problem. Your police officers spend more time than is necessary because our facilities are inadequate. They work with us, they testify for our attorneys, they are at the sentencing hearings and this is not simply an informal relationship outside the scope or over and above what your police department is expected to do. In fact, you direct your police department to relate to us and your police department has two viable legal alternatives in terms of who to present their cases to. One viable alternative is the state court system, the other recognized, not informal and not sideways, not hidden, but directly recognized and contemplated... Mayor Suarez: Not in every instance, but in many aspects of the violation of the law. Mr. Lehtinen: That's right, but in many cases you present... Mayor Suarez: And civilly too. 37 July 21, 1988 Mr. Lehtinen: You present your evidence to us and it goes even further. While your police department, an agency of a municipal corporation that's recognized by the State of Fl^-ida as well as the federal go•ernment, is thought to be a police department with arrest powers for state cede, you may very well know and for the record, it should be recognized that in cooperation. with Chief Dickson, prior chiefs and the upcoming chief, actually we deputize as deputy marshals many of your police officers. So you have police officers on your pay and on City budget besides having state arrest powers who are Deputy Federal Marshals with federal arrest powers. So what I want to emphasize for the record is that we don't simply take your cases and indirectly, or with a second order consequence help your department. We, in fact, directly take many of your cases, directly relate to your officers and in some cases your officers are legally federal agents with legal arrest powers. And in many cases, when they are not fully deputized federal marshals, they quite frequently operate in the same task forces that made arrests yesterday in a major case and when they do that, they do it in cooperation with the federal government. So it - what I want to say, is besides helping to suppress crime, besides the second order consequence that if you help the federal government, your citizens benefit making it a municipal purpose to reduce crime, it, in fact, is your court house. The City of Miami no longer has a municipal court under state law. You have the courts of the State of Florida but you're a separate entity. You're not part of the court system of the State of Florida, you present your cases to that prosecutor, you sue and be sued in that court system and you have a second court system which is as much yours as the state court system is and you frequently come to it, we come to you, we initiate investigations. So in that regard, I believe that to the extent, and it is clear, that this municipal corporation was created with the purpose of at the local level aiding and assisting the implementation of all public purposes, governmental purposes that it can aid and assist in, the cooperation you have with Janet Reno is conceptually no closer than the cooperation and role that you have in relationship to the federal government. Generally not as well recognized because people don't know... Mayor Suarez: Well, the... Mr. Lehtinen: ... that your police officers are deputized by us. Mayor Suarez: Within our structure and people in the know here in the City know how closely we work with you and how absolutely necessary the U.S. Attorney's Office is, it's almost - we would call it almost a legal arm of the City in many, many ways and we accept your testimony to that effect and we thank you. Any Commissioners want to make any statements before we take up this item? Mr. Plummer: The only thing I want to hear from the administration is that the financial picture is what it says here in front of us. It says this project has gone up in cost. As I remember, the original concept that we had was a 20 million dollar project and it's now up to 30 million dollars and I want to know why. Mayor Suarez: By any chance, by the way, before we leave the statement made by the U.S. Attorney, by any chance is it useful to you or Herb or the City to have a transcripted statement, I mean, a copy of what your statement was? Mr. Jorge Fernandez: Yes. Mr. Lehtinen: Yes and I should add and I know Commissioner Plummer has that question pending. The one thing regarding that question is that it is the contemplation that the federal government's rents, in all cases, will pay for the cost of the building but the question still is pending and... Mayor Suarez: Yes, we want to look our own. Mr. Lehtinen: ... that legitimate question with regard to the transcript, and the reason I took the time that I did, under any appropriate proceeding dealing with bonds and so forth, it's important to have the record and I should add as well, that since the federal government is a contracted party in a contract which will guarantee the payment of the bonds, the federal government is willing in any of the appropriate validation proceedings that ensue, to be a party with the City at the City's choice. But the City Attorney has spoken to me about that and GSA and the United States Attorney's 38 July 21, 1988 Office, as a party to that contract, is either - maybe an indispensable party or it may be a party plaintiff to begin with and upon your advice, we are willing to - and as I said - not be a secon� consequence beneficiary but directly sue in order to validate the proceedings and so forth. And in that regard, I think a transcript is appropriate and they've asked me to make that record regarding public purpose with that in mind as well. Mayor Suarez: Thank you... Mr. Fernandez: Yes, Mr. Mayor... Mayor Suarez: ... and we'll get a transcript of that to you. Mr. Fernandez: Commissioner Plummer, if I may, before your question is answered, Mr. Plummer, let me just outline for the Commission what this ordinance, emergency ordinance, entails. We are asking you to adopt this ordinance so that we can go ahead and acquire, construct and develop a building to be owned by the City and will be leased to the United States government. That's number one. Number two, authorizing the issuance of rental revenue bonds not to exceed 30 million dollars. Number three, providing for the repayment of said bonds from rental revenues derived by the City pursuant to the lease agreement between the City and the U.S. General Services Administration and fourth, lastly, is authorizing us to validate the bonds. And that's where the record becomes very important, Mr. Mayor, and that's why we have invited U.S. Attorney Dexter Lehtinen to come and really, on the record, establish the need for it. Also, we have another individual who is very important in helping the City have these bonds validated by way of his testimony and I will ask Mr. Mayor that you acknowledge him at this time for his comments and that is Bob Martinez on behalf of the Chamber of Commerce. Mayor Suarez: Bob. Bob Martinez, Esq.: Mr. Mayor, good morning, members of the Commission. My name is Bob Martinez, I'm an attorney with the law firm of Zuckerman, Spaeder, Taylor & Evans and I'm working with the New World Center action committee of the Greater Miami Chamber of Commerce on this particular project. Actually, I've been the chairman of the committee monitoring this court house development for the last year or so. As you know... Mayor Suarez: You're a former U.S. Attorney too, yourself. Mr. Martinez: That's correct. That's right. As a matter of fact, I was with that office for five years. One of the points, Mr. Mayor, that you mentioned was the security and just to further expand upon that. I know that security was very much an aspect, a concern for us. Not only for the protection of the attorneys but the protection of the witnesses that we have in many of the cases over there. But from the point of view of the chamber, just so that the record is complete and for your own information, the addition of what we call the new federal court house building, will definitely help in the redevelopment and revitalization of the area. Apart from the fact that it will increase the number of attorneys, assistant U.S. Attorneys and court personnel that will be brought to the area, it would also bring in several agencies that right now are not in the City of Miami but are outside in the county. It will further help in the rehabilitation of the actual physical part of the area. There are many buildings in that area that are deteriorating, that are rundown and this new building will take the place of that particular area and will further revitalize the economy there. Lastly, I know that the federal government, I believe you've gone into this a little bit, but because of the budget constraints the federal government has been unable to undertake the development of this project and the arrangement that it has entered into with the City is the only way in which this project can be completed in the near future and serve a very important purpose with regards to enhancing law enforcement. Mayor Suarez: Thank you. Mr. Plummer: On behalf of the chamber... Mr. Martinez: Thank you very much. 39 July 21, 1988 1 9 Mr. Plummer: ... you're representing the chamber. Mr. Martinez: Yes, sir. Mr. Plummer: Yes. How much money has the chamber dedicated to this endeavor? Mr. Martinez: Commissioner Plummer, I cannot answer that, I'm... Mrs. Kennedy: The usual. Mr. Plummer: Is it the usual? They give us all lip service and no dollars? Mr. Martinez: If you would like, I can augment that - I can't answer that for you. Mr. Plummer: Well, let me put it this way and I'll make it easy for you. Mr. Martinez: All right. Mr. Plummer: If the chamber, beside lip service, have given a dollar towards this project - because yours and my time, we're free, OK? - I would you to send me a note telling me that the chamber did more than lip service, that they put some dollars towards this project. Because you see when it's finished, we know the chamber's going to take credit for it. We're going to do all the work and we're going to do all the procedures and the chamber's going to want to take credit for it. They give everything but dollars so if they expended a dollar towards this project, please let me know, I'd like to know it. It'll be the first time. Mr. Martinez: OK - Commissioner... Mrs. Kennedy: Is this an emergency measure so that the bond validation process can be started immediately and completed before the RFP processes... Mr. Fernandez: Yes. Mrs. Kennedy: OK. Mr. Herb Bailey: Yes, Commissioner like to have it passed. Mr. Plummer: What jacked the cost up? This is an emergency ordinance and we'd Mr. Bailey: Commissioner, the amount that's in here up to 30 million dollars is an amount that we feel that is sufficient to cover the potential cost of the development. As you know, these bonds are also taxable bonds. The costs of issuance is maybe a little more than what we would normally incur on non taxable issues. We don't know exactly what the real numbers will be until the final selection has been determined by the City and the federal government. We... Mr. Plummer: Are we speaking selection of the bonds or bonds and design? Mr. Bailey: Of the selection of the developer and the costs that will come in as it relates to that selection. We will be receiving today the qualifications from the developers that we have solicited. Mr. Plummer: All right, we understand that the federal government, regardless of the tab, is picking it up. Mr. Bailey: One hundred percent. Mr. Plummer: OK. That includes debt service. Mr. Bailey: Debt service, yes. Mr. Plummer: OK. Now, the question I have, how long are the bonds? Mr. Bailey: The bonds are normally issued for 20 years, sir and they... Mr. Plummer: And, in other words, at the end of 20 years, we'll own the building? 40 July 21, 1988 Mr. Bailey: Well, the debt service would be liquidated at the end of 20 years and the lease will be long enough to cover the payment for that debt service. Mr. Plummer: That's my question. Now many years is the lease? Mr. Bailey: The lease is, I believe, 30 years and there's an option in the lease that at the end of 30 years, the federal government has... Mayor Suarez: Well we start making substantial dollars at the end of 20 years when the bonds are paid for and the lease is still in effect, is what... Mr. Plummer: We don't make any dollars on this deal. Mr. Bailey: We don't make any profit off this, Mr. Mayor. This is... Mayor Suarez: When are the bonds paid up? Mr. Bailey: Twenty years, they're 20 year bonds. Mrs. Kennedy (OFF MIKE): Twenty years. Mayor Suarez: And with a 30 year lease, you don't expect to make any substantial profits after 20 years? How do you figure? Mr. Bailey: I believe that within this lease there's a compensating factor in terms of the payment. Mayor Suarez: Year 21, no bonds to pay and they're still an occupant of the building paying good rent. Mr. Bailey: Well, there's a matter of maintenance to be - for the building and... Mayor Suarez: OK, anyhow. Mr. Plummer: Well, wait a minute, what's the option? How many years on the option? Mr. Bailey: The option is for - the federal government has the option to purchase the building out right. Mr. Plummer: At, I assume, and in a... Mr. Bailey: Mr. Murphy here from the - I'm sorry - I called him wrong all morning. Tom McGuire from GSA has just indicated that, perhaps, it will be 30 year bonds and they'll adjust the lease payments accordingly. We normally, you know, go 20 years or 30 years so... Mr. Plummer: Well, you know, no, no - you know, I can't go on that, I can't go on that. Now, are we talking about 20 year bonds or are we talking about 30 year bonds? Mr. Bailey: We're talking about 30 year bonds. Mr. Plummer: Is that in the contract? Mr. McGuire (OFF MIKE): The contract calls for 30 year lease terms. Mr. Plummer: That's not the point, sir. Mrs. Kennedy: He's talking about the time of the bond. Ms. Hirai: Excuse me, Herb. Mr. Plummer: The point, sir, what is the life of the bonds? That's what I need to know because it... Mr. Bailey: Well, that is determined - that will be determined at the time of issuance, Commissioner. And these bonds, I would like to say, are, in terms of the City's experience in doing this, is somewhat new and that is why we're asking for the validation today so we can determine what the market will accept in relationship to the... 41 July 21, 1988 1 6 Mr. Plummer: Do we get another bite at the apple before it's approved? Mr. Bailey: What, the bonds? Mr. Plummer: Yes, I mean... Mr. Bailey: For the actual issuance of the bonds, we have to come back here. Mr. Plummer: Herb, Herb, you don't do business, as I see it, based on maybe 20 or maybe 30, maybe an option, maybe not an option. Now, to me when you do business, that's all clear and cut and in black and white. Mr. Bailey: Commissioner, I will accept the responsibility for making it a little nebulous, that the time is 30 years - and I've just begun to pick up this process when John left but I've been advised by the GSA - it'll be a 30 year bond. Mr. Plummer: It will be a 30 year bond. Mr. Bailey: A thirty year, yes. Mr. Plummer: OK. What are the options besides their having the option to purchase? Are there any other options? Mr. Bailey: I don't understand, go ahead. Mr. Tom McGuire: I'm Tom McGuire with GSA in Atlanta and the options, we have a 30 year lease agreement... Mr. Plummer: All right. Mr. McGuire: It states in the lease agreement that annual rental shall be paid to the City monthly in arrears in equal monthly installments, paid in some other mutual - or paid in some other mutually agreed time frame which would enable City to timely pay debt service on obligations issued to finance the project. Mr. Plummer: But at the end of that 30 years, what are the options? Mr. McGuire: The option is that we have two 20 year renewal options. It's a net net lease, we pay for all the maintenance and protection of the building. That we would pay the City liability insurance, as rent, we would pay to you the cost of you to carry liability insurance for that particular building so you'd have no liability exposure. Mr. Plummer: But we make no income. Mr. McGuire: That's correct. Mr. Plummer: So for 70 years... Mr. McGuire: We have the option to stay there 70 years. It will pay for the City's cost... what we paid for the bond issuance over a 30 year period of the initial term of the lease. Mr. Plummer: What about the taxes that the City will lose because it has become government property? Mr. McGuire: We agree not to pay taxes... Mr. Plummer: No, I - no, no, no... it's not what you agreed to. The City is acquiring - how much is the cost of acquiring the property? Mr. Bailey: Well, the cost of the acquisition on the land assembly is all included within the 30 million dollars. Mr. Plummer: That's not my question. Mr. Bailey: We don't know, Commissioner, all that we're negotiating, we have at least some indication from the private property owners that they're willing to sell at the market price. 42 July 21, 1988 Mr. Plummer: Well, what is the present taxes being paid by the property owners there presently? I've got to believe in a block ti,di it's going to be somewhere in the neighborhood of two, three, four hundred thousand dollars which the City is going to automatically lose every year. It's 70 year tax abatement is what it is. Mr. Bailey: May I explain that - answer that question... Mr. Plummer: Sure. Mr. Bailey: ... in terms of the general public purpose? We feel, as a matter of this development, that the underdevelopment portion of that land will create and stimulate more development within the area and I think if we look at what we have in terms of taxes being generated for properties around it, but which will be developed as a result of this whole activity, we'll have a substantial increase in the tax base of the whole area. Mr. Plummer: How much taxes are we losing by tying this property up for 70 years? Mr. Bailey: I don't have the number with me, Commissioner. I don't know what the... Mr. Plummer: Well, I mean, why isn't that written into the lease? Mr. Bailey: I don't think we're really losing in the taxes for the area. We may be losing taxes on that particular block of land and the point we're getting to as very clearly explained here in the public purpose, is to come into an area which is severely underdeveloped to come in with a development that fits in with the downtown plan and with our whole efforts of doing some redevelopment in that area, we think that the beneficial tax increase for this whole area will be much more substantial than if we were just to consider the taxes on this one piece of land or these two or three pieces of land that we are using. Mr. Plummer: I tell you, it's not a good deal for the City. Let me tell you where I'm lost, OK? I'm lost in the fact that the federal government is going to go into that site and for 30 years they're going to pay off all of the debt. Then they're going to get 40 years free rent at no cost and all they're going to pay is maintenance. I don't see any equity for the City there. It would seem like to me there would be a rental fee. After the first 30 years, let's say for all practical purposes, it's clean. It is no debt, it is absolutely clean. Now, what you're saying to me that after the first 30 years, for the next forty, they're going to have a building scot free except for maintenance. Where's the equity for the City? Mr. Bailey: Well, Commissioner, they've actually paid for the building. Mr. Plummer: 1 understand that. That's a 30 year amortization is what it is. Mr. McGuire: That's basically correct. Mayor Suarez: You know, unless he specifically asks a question, this is like - I don't know - the fifth or sixth time that we deal with this particular issue. The philosophy of it is quite clear. I think the economics of it are pretty clear at this point that basically in lieu of the federal government building its own building there which it wouldn't pay any taxes for, we're allowed to have some participation in it at least to the extent that we get to select the site and work with you and, you know, again, unless the Commissioner has a specific question, I'm ready to entertain a vote on this. We've got many, many items... Mr. Plummer: Mr. Mayor, I'm... Mayor Suarez: ... and this is like the fifth time that we get into this particular... Mr. McGuire: Well, I have - all right... Mr. Plummer: I'm pursuing the same general feel that you thought existed after the 21st year that the City would make a profit. Now, obviously, that 43 July 21, 1988 9 0 is not the case that you were travelling under a misconception and so was I and that's why I'm trying to clarify the record. Mayor Suarez: Right. Mr. Plummer: After the 30 years, everybody is clean. For the next 40 years, that is being tied up, as I understand it, in which they will only pav maintenance and insurance cost. The City derives nothing. Mayor Suarez: Are we prevented from making a profit... Mr. Plummer: No taxes, no nothing. Mayor Suarez: Are we prevented from making a profit, is that part of the problem? Mr. McGuire: That is correct. Mayor Suarez: OK. I guess the idea is that after 30 years, that's the useful life of this building as we now estimate it and... Mr. Plummer: It's 70 years. Mayor Suarez: Yes. Mr. Plummer: That's what we're being tied up for. Mr. McGuire: We do have an option to acquire the title or have the title relayed to us after the 30 years. Mr. Plummer (OFF MIKE): Well, but we can change that. Mr. McGuire: Or we can stay on for another 40 years as the Commissioner has stated. Mayor Suarez: You know, what happens - you know 30 years from now is... Mr. McGuire: It's essentially a federal building at that time. Mayor Suarez: We're going to have an asset there. I gather that we can't profit from that asset - what arrangement we reach with the federal government or other agencies that are within the law is an issue that will be resolved 30 years from now. Mr. Plummer: It just seems like to me... Mayor Suarez: You ain't going to be around. Mr. Plummer: ... that after - the hell I won't! Speak for yourself, Gunga Din. You know, it just seems like to me after the first 30 years, that this City should be entitled to a rental. That's all I'm saying. And they're not paying any rental, all they're paying is maintenance and insurance costs. Mayor Suarez: I think the problem is we can't profit from that asset after 30 years under the law. Mr. Plummer: It's not profit. Look at the... Mayor Suarez: Or make money on it. Mr. Plummer: We can't even tax it. Mayor Suarez: We'll renegotiate with the federal government after 30 years. Any other questions from the Commission? Mr. Plummer: They way they're going, the federal government won't be there in 30 years. Mayor Suarez: That's definitely a possibility if this City keeps functioning the way it is, we'll probably run the whole federal government. 44 July 21, 1988 0 Mr. Bailey: Mr. Mayor, I'd like to just put on the record for the purpose of the validation hearing that in regards to the development of this facility and this location that it is expected that we will adhere to the historic designation and the architecture and the activity as it relates to this development will comply with all the local regulations. Mr. Plummer: Is the minority set aside in this? Mr. Bailey: Absolutely. Mrs. Kennedy: Oh yes. Mr. Fernandez: It's item eleven. Mayor Suarez: I'll entertain a motion on item eleven. I'll move... Mr. Dawkins (OFF MIKE): Move it. Mayor Suarez: OK, moved by Commissioner Dawkins. Seconded by myself. It's all yours. Mrs. Kennedy: Any further discussion? Please call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Mrs. Kennedy: Please call the roll. Mr. Dawkins: Before you call the roll, I have to put it in the record that I share J.L.'s concerns. Mr. Plummer: Amen! Mr. Dawkins: And not only do I share his concerns, I must point out that the forensic hospital pays no taxes, the women's jail pay no taxes, the present federal court house pay no taxes and we're raising taxes. Now at the end of 30 years, I think that there should be some renegotiations and that the citizens of the City of Miami should be taken into consideration. Mr. Plummer: I agree and let me, for the record, say I've got to vote against the motion. I think the 30 year deal is a good deal. It doesn't cost the City anything, but to obligate this City for an additional 40 years at no income to the City other than the regular maintenance and upkeep and insurance, in my estimation, is not a fair, fair deal for the City of Miami. I want to bring to this Commission's attention that we had a project for 800 million dollars in the DuPont Plaza Center ready to go and because they would not give them ten year abatement, that project has gone away. And what we're talking about here is 70 year abatement and I just don't think that it's fair beyond the 30 years. Mr. Bailey: Commissioner, I would just like to say for the record... Mayor Suarez: Wait, we're in the middle of a roll call. Mr. Bailey: Oh. Mr. Plummer: No, hadn't started it. Mayor Suarez: We're not in the middle of a roll call? Well, unless some Commissioner has any questions of anyone else, we'll just take the roll call at this point. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Sir, may I remind you, yes, we approved the terms but this Commission at any time, by three votes, can change. Mayor Suarez (OFF MIKE): Call the roll, please. Mr. Plummer: Call the roll. 45 July 21, 1988 Mrs. Kennedy: Call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY MAYOR SUAREZ, THE ABOVE PROPOSED EMERGENCY ORDINANCE FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. ABSENT: None. (NOTE: THE ABOVE EMERGENCY ORDINANCE FAILS INASMUCH AS IT REQUIRES A 4/5THS VOTE OF THE COMMISSION. HOWEVER, IT IS LATER FURTHER DISCUSSED AND PASSED ON AN EMERGENCY BASIS AS AMENDED. THIS ACTION WAS RECONSIDERED BY M-88-693 AND RE -PASSED AGAIN, NO AMENDMENTS, AS ORDINANCE 10464.) Mr. Odio: It failed because it's a... Mr. Plummer: Motion fails. Mr. Fernandez: It's an emergency ordinance needing 4/5ths. By effectively taking this vote, you have, in fact, prevented the City from going ahead with this project at all, not being... Mayor Suarez: Can't we take it as a first reading, Mr. City Attorney? Mr. Fernandez: If you so wish, we may make that a first reading. Mayor Suarez: I would so suggest and we have to also add the proviso that includes the amendment. Mr. Hirai: Is the suggested amendment to renegotiate at the end of 30 years to be an amendment to this first reading, Mr. Mayor? Mr. Plummer: You got three votes, three to two. Mrs. Kennedy: Three to two. Mayor Suarez: I don't need that as an amendment, I mean, that's sort of a self evident proposition after 30 years. Something will have to be done. Ms. Hirai: It is not amended then. Mr. Plummer: Excuse me, what is the amendment? Ms. Hirai: The suggestion that there be renegotiation at the end of 30 years. Mr. Plummer: That was not a motion. Mr. Odio: No. Ms. Hirai: No. Mr. Plummer: It was a suggestion. Mayor Suarez: Something will have to be done at the end of 30 years. Mr. Plummer: And if that is included, I will vote yes for the motion. Mayor Suarez: Well, some renegotiation would... Mr. Odio: Fine, I don't mind renegotiations in 30 years. I agree. Mayor Suarez: Sure, I mean it... Mr. Plummer: Subject to approval of this Commission. 46 July 21, 1988 Mr. Odio: Let's see, 30 years, gee, I know where I'll be. Mayor Suarez: Yes. Mrs. Kennedy: Yes. Mr. Plummer: I'll vote for the motion. Yes, sir. Miller, you won, you won. Mr. Odio: To be around too, Plummer. Mr. Plummer: Amen, brother. Mr. Dawkins (OFF MIKE): Amen, again, my brother. Mr. Fernandez: You know, we will need, of course, to go back to GSA and renegotiate, there is already an executed lease with GSA that... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: That's fine. Mr. Fernandez: OK. Mayor Suarez: Thank you. Mr. Plummer: Seventy years is a long time. Mayor Suarez: Doesn't affect the bondability... Mr. Fernandez: Should not because... Mr. Plummer: No, because it's paid off at the end of thirty. Mr. Fernandez: Right. Mayor Suarez: No, no I mean - putting such a condition, I just... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Bailey: To answer your question, Mr. Mayor, the 30 years is the length of the debt. I don't think it will affect the bonding at all. Mr. Plummer: I don't either. Mayor Suarez: OK. Mr. Plummer: It's all free and clear after that. Mayor Suarez: Recall the roll as an emergency motion, please with that understanding. Mr. Plummer: Mr. Manager, I want to remind you, I intend to be around for the renegotiations. Mr. Odio (OFF MIKE): I doubt that very much. Mr. Dawkins (OFF MIKE): Never happen. Mr. Fernandez: Well, to the extent, are we amending then this emergency ordinance to include that the ratification of the agreement - that the agreement that we're ratifying by passage of this ordinance be amended to read that, after 30 years... Mr. Odio (OFF MIKE): Agree to renegotiate. Mr. Fernandez: ... we will agree to renegotiate at the end of 30 years. Mrs. Kennedy: That's correct. Mr. Plummer: I'll vote for that. Yes, sir. 47 July 21, 1988 0 Mayor Suarez (OFF MIKE): Call the roll. Mrs. Kennedy: Call the roll. Mayor Suarez (OFF MIKE): Once again. Ms. Hirai: The Mayor suggested that it be read including that amendment? Mr. Plummer: Yes. Ms. Hirai: Do we have to re -read, Mr. City Attorney? Mr. Fernandez: Yes, let me re -read the emergency ordinance with that amendment. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez (OFF MIKE): Call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY MAYOR SUAREZ THE ABOVE PROPOSED EMERGENCY ORDINANCE, AS AMENDED, WAS PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. (NOTE: THIS ITEM IS LATER RECONSIDERED BY MOTION 88-693 AND ULTIMATELY READOPTED ON AN EMERGENCY BASIS WITHOUT ANY AMENDMENT AS ORDINANCE 10464. SEE LABEL 27.) ------------------------------------------------------------------------------ 8. GRANT REQUEST BY THE HONORABLE MAYOR PEDRO REBOREDO, MAYOR OF SWEETWATER, FOR THE CITY'S PARTICIPATION IN THE "BRING TO JUSTICE REWARD FUND" PROGRAM. Mayor Suarez: Mayor Reboredo, do you want to make a quick presentation, sir in deference to your public position? Mrs. Kennedy: What item is that, Mayor? Mr. Dawkins (OFF MIKE): Say what? What are we doing now? Mr. Pedro Reboredo: Item 26. Mayor Suarez: Mayor Pedro Reboredo from West Miami. You're not here on a private agenda matter. I am aware of that so we can take you out of order and we're... Mr. Reboredo: OK. May I explain... good morning, Mayor, Commissioners. Sometime past, we had the criminal attempt which caused the death of Officer Estefan. At that time, everybody pulled together and thanks to God and thanks to the aid that the City of Miami had with the $50,000 you put up for reward, those criminals were apprehended. It's something occurred to a few of us that perhaps we should have a fund, an outstanding fund, to remind the criminals that if they fire to a police officer and kill him, and if they get apprehended and convicted, this fund will help in getting them apprehended. In other words, the idea is to have a fund, a bring to justice reward fund, an outstanding fund in which every municipality in Dade County, twenty-six of us, contribute a minimum of $1,000. Rather than to after the fact go out and collect the monies for a reward, I felt that perhaps it'll be much better to 48 July 21, 1988 have the monies gathered up front and with the help of the crime stoppers advertise that we do have this fund available. So when the individual is confronted with a policeman, he thinks twice before pulling the trigger because he's going to be looking around to make sure nobody sees him and it has worked with crime stoppers for other criminal acts. And because the importance of this, several cities already have contributed to this bring to justice reward fund... Mayor Suarez: What is the typical contribution from the other cities, Mayor? Mr. Reboredo: A minimum of $1,000. Mayor Suarez: But what is the typical contribution from the other cities? What have they... Mr. Reboredo: Everybody has given a $1,000 but we're talking here about small municipalities and not as rich or large in size as... Mayor Suarez: We're large, not necessarily rich. Mayor Reboredo: ... as the City of Miami. Mayor Suarez: Have we used, Mr. Manager, have we used any of the monies that we've offered in reward for the other two shootings? Mr. Plummer (OFF MIKE): Yes. Mayor Suarez: Mr. Manager. Mr. Plummer (OFF MIKE): Yes. Mayor Suarez: Mr. Manager, have we had to pay out any of the monies that we've offered in reward for information leading to the arrest and conviction... Mr. Odio: No, we haven't - no, not yet. Mr. Plummer: We've already approved it. Mayor Suarez: We have not paid off any of them? Mr. Odio: Not as of this time. Mr. Dawkins: Yes, the last one, the sixty... Mr. Plummer: We've already approved it. Mr. Odio: We've approved it but we haven't paid. Lt. Joseph Longueira: Yes, you approved it but I don't believe there's been a conviction yet so that hasn't been paid out yet. Mr. Plummer: He pleaded guilty. Mayor Suarez: OK, what does the Commission want to do with... Mr. Plummer: Well, wait a minute, let me ask. What are you asking, a $1,000 a year? Mayor Suarez: Right. Mayor Reboredo: Well, a $1,000 minimum and the idea is to have at least 26 cities contributing and also... Mr. Plummer: OK, why - the question I have is, can't this come out of law enforcement trust funds? Why not? Huh? Mrs. Kennedy: But, excuse me a second, is this just a one shot $1,000 or a $1,000 a year... Mr. Plummer: A year. 49 July 21, 1988 s Is Mrs. Kennedy: ... adinfinitum. Mayor Reboredo: Well, that is something that we'll have to decide later because the idea is to have a good fund standing there like, let's sav, $50,000 and which will be advertised by crime stoppers. And let me explain something to you, this money is not for overhead or anything else. There is a committee, a bring to justice reward fund that each group that contributes to this fund, will have a representative, and we will have as an advisory, the crime stopper's chairman - Roger Vitsi as delegate and who will tell us how to... to whom give the money. Mayor Suarez: We have an idea of the mechanism. Commissioner Dawkins. Mr. Dawkins: How are we going to take 26 municipalities that will end up at $1,000 each and we end up with $50,000. Mr. Reboredo: Well, some of the municipalities might want to give more money, depending on the size, like for... Mr. Dawkins: Oh, may want to, all right. I agree with the Mayor, but I agree on another angle. I think that in the event that such a fund existed, then an individual will be quicker, in my opinion, to turn in another individual, knowing that the money was there, rather than us waiting to create a fund after the fact, and then no one in my opinion would be as interested, or to be as aware as they would be knowing that such a fund like we have existed, so I'd be happy to have the City of Miami participate. Mr. Reboredo: Thank you. Mr. Plummer: Let me tell you what I think is fair, Mayor, and I would be willing to vote for, is that the percentage of the City, the makeup of Dade County, if this City is 22 percent, I would be agreeable to putting in 22 percent of $50,000 right today, and if your City is eight percent of the makeup of this County and you are willing to put in eight percent of $50,000, I think that is a good and fair way to do it, and we get that fund established immediately. Mr. Dawkins: Well, what would Dade County put in. They are 100 percent of the County! Mr. Reboredo: They have to... Mr. Plummer: But they are cheap. Mr. Dawkins: No, no, I mean, let's be realistic. Mr. Plummer: Whatever they... Mr. Dawkins: If we are talking about the 25 municipalities raising $50,000, then the mother hen, being 100 percent, should come up with $50,000. Mr. Plummer: There is an easy answer, Commissioner. The County has a determined factor as to what they pay for municipal services in a separate budget and that is the percentage of the total makeup of the community, and however that is, is the way the percentage would work. Mr. Reboredo: May I suggest something? The major cities have not yet come forward. This the first major city. If you... Mr. Plummer: I can't envision any of them voting against. Mr. Reboredo: Well, I agree with you, sir, but you know, it is a matter of time, and you know, certain elements. Mayor Suarez: What do you suggest, Mayor, so we can get on with the vote on this? Mr. Reboredo: OK, what I would like to suggest that you provide, let's say between $5,000 to $10,000 towards this fund and which ever figure is more appropriate to you, but see, I don't want to be only included cities, I want businesses to do so. We already have like $3,000 from businesses. This is not a problem that pertains only to the cities. 50 July 21, 1988 i Aft Mayor Suarez: Are you suggesting $5,000 to $10,000 from us and we have to figure out just what we are going to do with the County and those are the two matters that this Commission ought to consider and take to a vote as quickly as possible. Mrs. Kennedy: OK, one quick question. This money will be going to tipsters who give us information? Mayor Suarez: Yes. Mr. Reboredo: Exactly. Mr. Dawkins: That leads to a conviction, Commissioner. Mr. Reboredo: But is going now into an account, bring to justice we work reward fund account that is earning interest. We got like $10,000 in there now and it will be a member that you assign will participate in this committee and advise all of us how to use the money. Mr. Dawkins: Mr. Mayor, I make a motion that we refer this to the Manager and that the Manager sit down with the Mayor and others that work out the mechanics and bring it back to us. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Do you want to give them any indication of what the figure would be of our contributions? Mr. Dawkins: Like J.L. says, 22 percent. Mayor Suarez: Certainly no less than $5,000 and up to 22 percent, whatever you can negotiate with the other municipalities. Mr. Plummer: Let's be positive, please. Let's go ahead and let's allocate not to exceed $10,000 to be negotiated by the Manager. Mayor Suarez: Would you accept into your motion. Mr. Dawkins: That's not positive, that is generous. Mr. Plummer: Not to exceed whatever our percentage is, not to exceed $10,000. Mr. Dawkins: OK, yes, I'll accept it. Mr. Plummer: I want to send a positive message. Mr. Dawkins: I'll accept the first version so we can go. Mayor Suarez: We have a second accepting that modification? Madam Vice Mayor, whoever seconded it. Do you accept the modification? It is up to $10,000. Mrs. Kennedy: What was it, up to? Mr. Plummer: Not to exceed. Mrs. Kennedy: Not to exceed, yes, and with a minimum of five? Mr. Odio: Can I ask a question, Mr. Mayor? Mayor Suarez: Yes. Mr. Odio: Just a simple question - if we have a police officer, I hope not, and we have an incident in the City of Miami, the monies would come out of that fund? Mr. Dawkins: Yes, sir. Mr. Reboredo: Absolutely. This is to cover all of the County, all of the County. 51 July 21, 1988 Mr. Odio: OK, that is just what I wanted to put on the record. Mayor Suarez: All right, motion and second understood. Mr. Plummer: But I don't want it to indicate or intend that it precludes us from doing something on our own. Mr. Reboredo: Absolutely, sir. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-680 A MOTION GRANTING REQUEST RECEIVED FROM THE HONORABLE PEDRO REBOREDO, MAYOR OF SWEETWATER, FOR THE CITY OF MIAMI'S PARTICIPATION IN THE "BRING TO JUSTICE REWARD FUND" PROGRAM; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 TO SAID PROGRAM. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Reboredo: Thank you, Mr. Mayor. 9. DISCUSSION CONCERNING PROPOSED USE OF SOLID WASTE DUMPSTERS FOR COMMERCIAL ACCOUNTS (See labels 28 and 30). Mr. Dawkins: Mr. Mayor, I have one thing I would like... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Mr. Manager... Mr. Odio: Yes, sir. Mr. Dawkins: ...for two years I have asked that we obtain dumpsters with which to solicit commercial accounts. For the last six or eight months, somebody who works for you has told you repeatedly that we have dumpsters. Now, I have been to the Sanitation Department, I've looked in the yards, I don't see any. I remember receiving a memo from you stating that a purchase order had been let for dumpsters. Will somebody tell me now how many dumpsters are in the yard, ready to be delivered to new accounts this afternoon. Mr. Odio: Fifteen. Mr. Dawkins: Fifteen? Mr. Odio: Yes, sir, and we have a resolution here for you, Commissioner to approve. We had it in the last agenda - a resolution to purchase up to 1,000 dumpsters for the Department of Solid Waste, if you would please approve this. We can go ahead and award this bid. Mrs. Kennedy: Is that the model "A" with the cast aluminum dome top like we have outside City Hall? 52 July 21, 1988 Mr. Odio: That's it, yes. Mr. Dawkins: OK, if... not if, when we approve this resolution, the dumpsters become available when? Mr. Odio: Immediately as we need them. We don't have to bring 1,000 dumpsters into the yard, but we will draw from that. Mr. Dawkins: You see, you need, in my opinion, I say, but the Miami Herald will say I am meddling, so I will have to meddle, OK? Mr. Odio: No, you can meddle, you can meddle! Mr. Dawkins: No, no, I have to meddle, I have no problem with that. Now, we go out on a Saturday and we get four accounts, but wherever we are getting the dumpsters for is closed from Friday afternoon until Monday morning. I do not have four dumpsters with which to get the four accounts. If you had the dumpsters in the yard, of the Sanitation Department, and four dumpsters were needed, all we would have to do is go to the yard, hook up the dumpsters and take them where we need them. Now... Mr. Odio: Commissioner, what we will do, we'll have enough dumpsters in the yard to cover emergencies. We do not have so many... Mr. Dawkins: All right, what do you consider an emergency, sir? Mr. Odio: We'll have 15 in the yard. Mr. Dawkins: Fifteen? Mr. Odio: We will keep 15 available. Mr. Dawkins: All right, and if you go there Monday morning and that 15 is used, by noon Monday you will have 15 more? Mr. Odio: Sure, we can go and yes, because we don't have room for 1,000... Mr. Dawkins: All right, I move the resolution. You have to say something, Mr. Ingraham? - because the other department heads said I didn't let him talk. The other department heads said we didn't let him talk. Go ahead, talk, sir. Mr. Ingraham: Commissioners, Mayor, rest of the Commission... Mr. Plummer: Are you retiring? Mr. Odio: Not yet, no. Mr. Ingraham: No sir, I have no intentions of retiring. The dumpsters can be readily obtained upon a phone call from both of these vendors and any others that we work with, so that's fine, we can satisfy that. Mr. Dawkins: OK, and what I would like, Mr. Ingraham, for us to sit down with the Department of Labor and see if there is some kind of a way we might be able to obtain funds to put people to work and we can build our own dumpsters. Now, it just a matter of cutting four sheets of metal and welding it together and putting some casters on it, so... Mr. Odio: That's not a bad idea. Mr. Ingraham: Very good idea. Mr. Dawkins: ... I'd like for us to work on that, sir. Mr. Ingraham: Be more than happy to sit down with you on this, sir. Mr. Dawkins: OK, I move... Mr. Plummer: Well, wait a minute, I've got a problem with this resolution. Mr. Dawkins: Go ahead, J.L. Amen, amen! 53 July 21, 1988 Mr. Plummer: I wonder if we are not being dollar foolish and the thing that bothers me is the warranty on these things, 90 days on the containers, that is not a hell of a long time for a dumpster, and 10 days on the casters and one year on the plastic lids, no warranty if abused. Now, I want to tell you, "no warranty if abused" is a very very... the term is ridiculous, but why are we buying things that are only warranty for let's say 30 days? Are we trying to buy too cheap? I have had a dumpster at my place for four years. Now, I mean, have we cut them down so close. It seems like to me that we are going to have dumpsters that aren't going to be worth a damn after three or four months. If they will only... you know, normal warranty is a year. They sure don't think much of their product. 30 days on the casters? I mean... Mr. Dawkins: And they are pulled each day, J.L. You pull them each day with a load on it. Mr. Plummer: Yes, I understand! Well, not each day, but I don't think that is... for $316,000, that is not much of a warranty. I am looking at the possibility that four times a year you are going to have to spend that if you were to use them all. Mrs. Kennedy: And how do you define abuse? That is such a nebulous term. Mr. Dawkins: All right, I will rescind my motion and I'll move, Mr. Ingraham, that we look at something that will give us... Mr. Plummer: At least a year warranty! Mr. Dawkins: ... warranty, if it costs a little more money sir, and... Mr. Ingraham: OK, can we return to you with that shortly, Mayor Suarez? Mr. Plummer: Sure. Mrs. Kennedy: And Mr, Ingraham... Mayor Suarez: Absolutely. Mr. Dawkins: This afternoon? Mr. Ingraham: In a moment, in a matter of minutes I'll get back to you. Mr. Plummer: Yes, well get us something that is going to stand up for at least a year. Mr. Ingraham: I am quite sure we can work that out. Mrs. Kennedy: Also, don't leave... can we go to bid on the waste receptacle on model "A" that was selected? Mr. Ingraham: If that is the will of the Commission, yes, Ma'am. Mrs. Kennedy: I so... do you need a vote? Mr. Ingraham: It is just a matter... Mrs. Kennedy: No, we just go ahead and go to bid and then bring it back to US. Mayor Suarez: OK, bring it back when you get everything ready. NOTE FOR THE RECORD: NO APPEARANCE ON ITEM C-109. 54 July 21, 1988 rI 0 6 ______________.______________________________-____________________-____-___-___ 10. BRIEF DISCUSSION IN CONNECTION WITH PRESENT TIES i0 A:.;- Fc :,ATiut'Sc:r WITH THE CITY OF MIAMI POLICE DEPARTMENT. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner De Yurre. Mr. De Yurre: We have here Raul Puig who is the attorney for the Hispanic Police Officers' Association. He has a short statement to make, if we can get that out of the way. Mr. Raul Puig: Mr. Mayor and members of the Commission, my name is Raul Puig, I am with the law firm of Fowler White Burnett Hurley Banick & Strickroot. We represent the Miami Police Hispanic Officers' Association. Last week Commissioner De Yurre requested that the president of the association, Jorge Manresa, come before this Commission and report as to the status of the morale of the Miami Police Department. Mr. Plummer: Excuse me, and I also made a comment, and I'll ask that comment for the record now. Has this gone through channels? Are we in compliance with the City Attorney on the Charter? I am only asking that for the record. Has this gone through channels? Mayor Suarez: I have procedurally absolutely no problem with your making a statement. I think what the Commissioner usually is concerned about, and it is valid concern is that there be no violation of the collective bargaining laws of this state and as long as you don't delve into that, we are very interested in your statement. Mr. Puig: No, this statement is basically... I don't believe there will be any violation of the bargaining agreements. Mr. Plummer: All I am asking is that we are in compliance with the Charter, that it has gone through regular channels, that's all I am asking. I don't want anybody to be caught off guard. Mayor Suarez: No there is no Charter provision that I am aware of that requires anything to go through quote, unquote, regular channels. I mean, he can testify to whatever he wants. Mr. Plummer: No, what regular channels is... Mayor Suarez: As long as you don't violate the law of collective bargaining agreements and put in jeopardy our relationship with our union, I don't... Mr. Plummer: OK, I'm just clarifying the record. Mr. Puig: As I was saying, at the request of the executive board of the association, I was asked to come before you today and make a brief statement regarding the association's relationship with the Police Department. As you all know, Chief Dickson resigned from the Department and has been succeeded by Chief Perry Anderson. On June 17th of this year, the executive board of the HOA met with Chief Dickson to discuss the representation of Hispanic officers at the management level of the Department and other general concerns of Hispanic officers in the Miami Police Department. That meeting went well and was held in the spirit of cooperation between the HOA and the Miami Police Department. Chief Dickson assured us at that time that he would work to resolve the concerns of the HOA. Unfortunately, the Chief resigned before the board could meet again with him and establish his progress as to resolving some of these concerns. Yesterday the board met with Chief Anderson to reiterate these concerns and the concerns expressed to Chief Dickson. That meeting also went well and Chief Anderson expressed his willingness to work with the HOA to resolve these concerns; therefore at this time the executive board and the membership of the HOA is confident that Chief Anderson will exert his best efforts to resolve the HOA's concerns. That is all. Mayor Suarez: Thank you for your statement. 55 July 21, 1988 9 44 Mr. Puig: Thank you. NOTE FOR THE RECORD: NO ONE APPEARED ON ITEM C-110 AND r-112. 11. APPROVE REQUEST BY WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION FOR A PORTION OF THE TARGET AREA KNOWN AS "THE GREAT NEIGHBORHOOD" TO BE REDESIGNATED AS "OLD SAN JUAN", SUBJECT TO A PUBLIC HEARING. Mayor Suarez: Bill Rios, item 113. I want to ask each one of these presentations to be no longer than two minutes, please. Bill, go ahead. Mr. Rios: OK, my name is William Rios, I am the executive director of the Wynwood Community Economic Development Corporation. I am here for the redesignation of a portion of the Wynwood target area from the designated name of Great Neighborhood, to the Old San Juan Neighborhood, and I have requested this through Commissioner Kennedy and basically what we are talking about is a neighborhood bounded on the north by 36th Street and on the south by 29th Street, on the east by North Miami Avenue and on the west by I-95. Mayor Suarez: Mr. Manager, what does this entail? Is this a problematic item? It sounds like a very good idea conceptually. What... Mr. Odio: No, we'd like to meet with him and talk to him some more. I don't think... Mayor Suarez: Do you want a resolution approving in principle the concept, Bill? Mr. Rios: Yes, because this really is just a namesake. It is not the name of Wynwood. Mrs. Kennedy: Move it. Mayor Suarez: Moved in principle. Mr. Plummer: We are sending it to the Manager? Mayor Suarez: Yes. Mr. Plummer: Second. Mayor Suarez: Seconded, and the Manager will look to see what is needed to implement it and what expense it might entail and then recommend back to us. Mr. Rios: OK, Mr. Mayor, may I ask one request? I have items 105 and 106 for co -designations as well. I wonder if I might ask for those? Mayor Suarez: 105 and 106 were also left over from the last Commission - yes please. Let me take a vote on first, Madam City Clerk. NOTE: AT THIS POINT the City Clerk began roll call, which was repeated later. See hereinbelow. Mr. Plummer: On 113? Ms. Hirai: Yes, sir. Mr. Odio: I will tell you what, Mr. Mayor. We don't have any problem in doing this. So if you want to approve it, it is fine with me. Mayor Suarez: The vote is... what you are saying is, you have already concluded that it doesn't entail any expense or any major problems? Mr. Odio: Nothing. Mayor Suarez: Just a designation. Mr. Odio: That's all. 56 July 21, 1988 Mr. Dawkins: Where is Herb Bailey? Mr. Plummer: Has there been a public hearing in the community? Mr. Rios: Yes. Mr. Sergio Rodriguez: That's the only concern... Mr. Rios: Yes, we've had the community advisory meetings and overwhelming support for the idea and it was concluded that this would be an excellent promotional item for the community to rally on. Mayor Suarez: No boundaries are being changed, just a change in name. Mr. Rios: No, sir. Mayor Suarez: OK. Mr. Rodriguez: That is the only thing I wanted to mention, the Administration doesn't have any concern with that, but I don't know whether the whole community had been advised through a hearing about the change of name, whether they are in support of it. Mr. Plummer: Well, give them an opportunity. We have a public hearing here in September. Nobody ... Mayor Suarez: OK, the motion is changed to read that subject to public input by public hearing, or whatever mechanism the Manager suggests. We accept that amendment to the motion and a second? Call the roll. Mrs. Kennedy: Yes, we do. Mr. Fernandez: Does it continue to be in principle, or is... Mayor Suarez: Yes, in effect, because we are going to be subjecting it to hearings. It has got to be principle. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-681 A MOTION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM MR. WILLIAM RIOS, OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, FOR REDESIGNATION OF A PORTION OF THE WYNWOOD TARGET AREA KNOWN AS "THE GREAT NEIGHBORHOOD" (BOUNDED ON THE NORTH BY NW 36TH STREET, ON THE SOUTH BY NW 29TH STREET, ON THE EAST BY NO. MIAMI AVENUE, AND ON THE WEST BY I-95), NOW TO BE DESIGNATED AS "OLD SAN JUAN", SUBJECT TO A PUBLIC HEARING FOR PUBLIC INPUT, LEAVING IT TO THE MANAGER'S RESPONSIBILITY TO DETERMINE METHODOLOGY FOR PUBLIC INPUT BEFORE MAKING HIS FINAL RECOMMENDATION TO THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 57 July 21, 1988 ----------------------------------------------------------------------- ------ 12. (A) CO -DESIGNATE NORTH 36TH STREET FROM BISCAYNE BOULEVARD TO INTERSTATE 95 AS "DESIGN BOULEVARD". (B) CO -DESIGNATE NW 5TH AVENUE FROM NW 22ND STREET TO NW 36TH STREET AS "FASHION AVENUE". ------------------ ----------------------------------------------------------- Mayor Suarez: Now, 105 and 106, Bill. That is the best you can do on the other item today, so... Mr. William Rios: On the co -designation of NW 36th Street from Biscayne Boulevard to Interstate-95, co -designating that street Design Boulevard in keeping with the idea that we might promote 36th Street as an effort to promote further the design district. Mr. Plummer: Same motion as 113. Mr. Rios: Excuse me, sir? Mr. Plummer: I move it to a public hearing. Mrs. Kennedy: Second. Mr. Plummer: The same for 106. You are changing the name, a co -designation. Mr. Rios: Co -designating. Mr. Plummer: Public hearing to allow the people to come and speak on the issue. Mrs. Kennedy: Second. Mr. Plummer: Hold all three at the same time. Mr. Jim Kay: This was advertised as a public hearing at the previous meeting, the co -designation of those two streets, 36th Street and Sth Avenue. Mayor Suarez: And a continuation of that public hearing was readvertised in effect, and made public. No problems. Mr. Kay: No. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolutions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 88-682 A RESOLUTION CO -DESIGNATING NORTH 36TH STREET FROM BISCAYNE BOULEVARD TO INTERSTATE 95 (NORTH -SOUTH EXPRESSWAY), MIAMI, FLORIDA, AS "DESIGN BOULEVARD"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES; AND URGING THE STATE OF FLORIDA TO JOIN WITH THE CITY IN THIS DUAL DESIGNATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 88-682.1 A RESOLUTION CO -DESIGNATING NORTHWEST 5 AVENUE FROM NORTHWEST 22ND STREET TO NORTHWEST 36TH STREET, MIAMI, FLORIDA, AS "FASHION AVENUE"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 58 July 21, 1988 Upon being seconded by Commissioner Kennedy, the resolutions were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: THERE WAS NO APPEARANCE FOR ITEMS C-114 AND C-115. -------------------------------------------------------------------------- 13. APPROVE USE OF BAYFRONT PARK AMPHITHEATER REGARDING SIX CONCERTS BY THE GREATER MIAMI COMMUNITY CONCERT BAND. ------------------------------------------------------------------------------ Mayor Suarez: Item 119, Greater Miami Community Concert Band. Mr. Plummer: Have you seen this, Mr. Manager? Mayor Suarez: What is the Bayfront... I would... Mrs. Kennedy: This is a nonprofit organization who would like to do a series of concerts at Bayfront Park. Mayor Suarez: Should we not get a recommendation from Bayfront Park Management Trust before we ask? Mrs. Kennedy: Absolutely. When are your dates? Mr. Alan Tayss: The dates are included in the package. The dates have been approved already by our Ira Katz, with the Bayfront Park Management group. Mayor Suarez: See, the thing is he is an executive director. I don't know, are we going to be taking recommendations from the Trust every time, or what do you suggest, Mr. Manager? Mr. Odio: I don't think they need to come here. Mrs. Kennedy: No, we have so many items to hear Mr. Mayor, that we have delegated a lot of these to Ira Katz. Mr. Plummer: Well, they do have to come here. Mrs. Kennedy: And then come to this board. Mr. Plummer: No, they have to come here because what they are asking for is six dates of the thirty that we have set aside. Mr. Odio: And money. Mayor Suarez: I know they have to come here. That is not my question. My question is do we need the board first to decide and recommend to us, or we are going to take recommendations from the executive director. He's spoken to Mr. Katz, who is in effect their secretary, executive director. It sounds good to me, I mean, I just want to... Mrs. Kennedy: Well, to answer your question, the board has agreed to let Mr. Katz decide some of these items by himself and then come before this board. Mayor Suarez: They have delegated that authority to him, and that sounds good to me. What are we doing on this, Mr. Manager? What do you recommend, or Madam Vice Mayor? 59 July 21, 1988 0 1* Mr. Odio: Denial, based on no -funding policy that we have. He is asking $13,000. Mayor Suarez: Wait, wait, not based on a no -funding policy. The whole idea of this amphitheater was to have, I don't know how many free dates. Mr. Odio: He is asking money from the City in the tune of $13,000. Mayor Suarez: Well, before we get to that, how about the use of the amphitheater first? Mr. Odio: That is not my problem. Mr. Plummer: No, the $13,000 would come from the trust. Mrs. Kennedy: No. Mr. Plummer: Yes! Mayor Suarez: But I mean, as to the dates, aren't you requesting six dates, sir? Mr. Tayss: Yes, sir. Mayor Suarez: OK, do you have those dates, do you know what they are yet? Mr. Tayss: Yes, sir. Mayor Suarez: Have you worked with Mr. Katz, and/or with the Manager of the City of Miami to make sure that those dates are available, we have nothing important? Mr. Tayss: Yes, sir. These dates that I have on the sheets that you have, have already been approved by Ira Katz, so they are clear. Mayor Suarez: Mr. Manager, I am going to need to deal or handle these things properly, a recommendation in writing from Mr. Katz, as to all of these, otherwise we are going to go crazy here! We are booking... you are asking the Commission to book the amphitheater. Mr. Odio: Let me clarify this. Mr. Katz doesn't work for the City of Miami. Mayor Suarez: I understand. Mr. Odio: He works for the trust. Mayor Suarez: I understand, but ask him, whenever any of these items come with this recommendation, do it in writing to this Commission. Mr. Odio: Why don't we sit down with the trust and work out a procedure. Mrs. Kennedy: Ira Katz is right behind you. Mayor Suarez: OK, fine, that is what I am suggesting, but this is not the best way to do it. Well, you are not going to object to any of this, I hope? Ms. Lori Weldon: No, no, I am not going to object! Lori Weldon, 160 NW 44th Street. I've already discussed this... not this particular item with Mr. Katz and at the next trust meeting we are going to bring up procedures for which people will come to the Commission and ask for dates for the amphitheater, for our concern of giving all 30 dates out, and perhaps organizations come up later that they really deserve justly to that amphitheater not being able to have it because the dates have been taken, so this has already been discussed, OK? Mrs. Kennedy: We should at least separate the dates. Mayor Suarez: OK, I would be disposed to entertain a motion on the use of the amphitheater, so we have that out of the way. Nobody objects to that. Mr. Plummer: So moved. 60 July 21, 1988 Mrs. Kennedy: Second. Mayor Suarez: OK, any... Mr. Plummer: As the dates provided in this, with the last date being July 2, 1989. Mayor Suarez: Each date approved by the executive director of the trust. Call the roll on that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-683 (NOTE: THE PARAMETERS OF THIS MOTION ARE CONTAINED IN RESOLUTION 88-684. SEE HEREINBELOW.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, you are not going to ask us for money, are you, in addition to the use of the amphitheater? Mr. Tayss: Yes, sir, I was going to ask the City to sponsor this series of Bayfront Park pops concerts, as our normal fee for performing is $2,000 to $5,000. It is an 85 piece symphonic band, and I think for family entertainment on a Sunday evening, to be able to provide free concerts, I think this is a tremendous deal for the City of Miami to be able to sponsor a series of concerts. This is what you are looking for as far as being able to provide entertainment for that facility. Mr. De Yurre: I think it would be a great idea, Mr. Mayor. Mrs. Kennedy: I think so too. Mr. Plummer: Where's the money coming from? Mr. De Yurre: Well, can we get... how about all the interest that we are making on that $8,000,000 we got set aside for the parks program, the capital improvement? We can get $10,000 out of there. Mrs. Kennedy: You cannot use it for that, I understand. Besides, the problem there is, that if we start using the money for everybody else who wants to have concerts in the park... Mr. Odio: We have zero dollars left in the Special Programs and Accounts this year. This was not a budgeted figure. Mr. De Yurre: When is the first concert? Mr. Tayss: October 9th. Mr. De Yurre: That's next year's budget. Set aside for that budget. Mr. Odio: You would have to tell me what others not to fund then, for next year. We only have $200,000 as per the Commission request for this type of... Mr. Plummer: And only $40,000 to reallocate. Mr. Odio: Only $40,000 can be reallocated, so that is what I have in the budget. So, if you give it to him, you take it from somebody else. 61 July 21, 1988 Mr. Dawkins: Mr. Mayor, is this to be one of the... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Is this to be six of the dates that's made available to the public? Mr. Tayss: Are you asking me, sir? Mayor Suarez: No, no. Mr. Dawkins: I am asking the Manager. Mayor Suarez: Let's see if we get some staff clarification and when we took that vote, are we taking... are you talking about of the 30 days that are... Mr. Dawkins: The 30 days... Mayor Suarez: ... made available to the... Mr. Dawkins: ... to the public. Is this six days a part of the 30 days? Mayor Suarez: Right. Mrs. Kennedy: Correct. Mr. De Yurre: I thought we had 150 days. Mr. Ira Katz: I am Ira Katz, operations manager, Bayfront Park Trust. Gentlemen, Mr. Tayss is asking for six of the thirty dates, sir. Mayor Suarez: Now, we also have reserve, and that is what the Commissioners were asking about. We also have reserved for quote, unquote, public use, in some way or another, a hundred and... half of the entire year, so I guess it would be another 150, let's say. How do we categorize those? Those would be as opposed to profit making activities, or what? Mr. Katz: This is an item that we are going to discuss at the next trust meeting on procedures and how we are going to classify it. Mayor Suarez: Yes, but I am trying to figure out what we already did at the Commission level before we get to how the trust is going to interpret it. Do you remember, Madam Vice Mayor, what we meant to do with that? Mrs. Kennedy: The idea was to have 180 days for paid events and 180 days for free events. We have different categories. Mayor Suarez: I see. OK, would these be free? Mrs. Kennedy: So these would be under the free events. Mr. De Yurre: Under 150. Mrs. Kennedy: Well, minus 30, comes up to 150. Mr. Dawkins: I've got a problem with reserving six dates for any individual group, knowing that the rest of the City need dates. I have no problem with reserving them one at a time, if they have one concert and come in and want another one, but I just don't feel, me personally, right, with tying up six dates when some other group may want one of those dates and can't get, and it is unfair to them because we have already given this group one date and don't give somebody else another choice date, for the lack of a better word. Mr. Tayss: Can I respond to that, sir? Mr. Dawkins: I wish you would. Mr. Tayss: First of all, my name is Alan Tayss, I am the president and business manager of the Greater Miami Community Concert Band. The band is a not -for -profit group. It is a registered 5013-C organization. We have been in operation since 1979. The reason that we have asked for six dates is this 62 July 21, 1988 0 is part of our series of concerts that we will be putting on next year. This year... the year from which our year runs from September through July. We take the summer off, but this year we put on ten concerts and we were not able to perform, of course, the Bayfront Park amphitheater wasn't available. We are trying to be able to provide entertainment. All our concerts are free. We have been trying to do things in the City of Miami as Cesar Lamonica had done for many, many years at Bayfront Park with his concerts and the reason that we have asked for these six days is to be able to project what we need to do as far as music, to plan ahead. You can't just do one concert. We did one concert, I shouldn't say that. We did a concert in April at Bayfront Park and we want to be able to provide these six concerts along with the rest of our series and this is why we have asked for these specific dates ahead of time, so we can plan the music for those concerts, the performers for those concerts as far as special guests and this is the way an organization such as ours and any other musical organization would operate. Mr. Plummer: Well, why wouldn't you go out and get a corporate sponsor to sponsor the thing? Mr. Tayss: We do plan on getting corporate sponsors for specific entertainers, such as bringing in Doc Severinson, a Branford Marcelis, a Winton Marcelis, which are considerable amounts of dollars. This covers the cost of the production, this covers the cost of much of the advertising for the concerts. This is a one time situation... not a one time, I hope that this can happen every year, but this is only a very small amount of money, and for those specially who know what productions such as this cost, $10,000 is very small. Mr. Dawkins: The Miami Dade Community College has a lively arts center, and it puts on shows too, I mean, so everybody is trying to do something downtown, so don't, you know, come up and tell me that this is the, I mean, lead me to believe this is the only thing happening downtown. Mr. Tayss: No sir, I wouldn't let you think that, but this is the only symphonic band that's playing concerts downtown. This is the same kind of a situation as if you had the Philharmonic Orchestra of Florida, or the New World Symphony playing. This is the same type of music as you would hear there, the same quality, I might add. Mr. De Yurre: Miller, let me throw something out which maybe it will appease your concern, which is my concern also is what if along the way we commit these six dates and a money paying function comes along that because where it falls in, it can't take a week long or a weekend. Mayor Suarez: How about if we approve them subject to cancellation up to 30 days before the event? Mr. De Yurre: Well, what I would like to do, so he has... you know, we can also address his needs, is that we can tentatively give him those dates and barring something that we can accommodate him, you know, but accommodate him within a certain period, you know, the week before or the week after that, they can still more or less be able to schedule themselves. Mayor Suarez: And we should give them 30 days notice, I mean, these are scheduled over the next what, six months, roughly? Mr. Tayss: These are scheduledv from October through July of 1989. It's a year. It's our next season. Mayor Suarez: Actually, yes, it is more like a year from now, so, you understand that if we build into the approving motion that within 30 days of the actual date we can cancel and ask you to choose a date in that vicinity, but not the exact date that you have been given, you may have to be subjected to that. Mr. Tayss: I would hope that that wouldn't happen, but you know based upon the situation, I feel that a Sunday evening performance, which is what we look at, I don't think there are too many money paying jobs that will be happening on Sunday evening. Mayor Suarez: We don't know that, but see, this is like a test case for us and you are asking us to book for an entire year's period and I think that the 63 July 21, 1988 Commission is concerned that some profit making event might come up and with 30 days cancellation, I think that is the best... Mr. Tayss: I appreciate that. As long as there was another date that we would be able to work with, I think that would be OK. Mayor Suarez: That's what the Commissioner is saying, that within the scope of three or four days, we would give you another day and this Commission has got to come up with a better system for deciding the booking of the amphitheater, otherwise we are going to really add to our agenda here. Mrs. Kennedy: Right, I agree, Mr. Mayor. I think that that power should be given to the trust so that we don't waste our time. Frank, how many days do we have remaining out of 307 Mr. Castaneda: 25 or 26. Mr. Plummer: Left? Mrs. Kennedy: No, of course, excluding these. Mr. Castaneda: Excluding this, it is 19. Mrs. Kennedy: That many? Mr. Plummer: And two of those are for the Latin Fiesta By The Bay, is that correct? Mr. Katz: Right. 26, before that Frank Castaneda was referring to have already been used. There are another four dates that have already committed to the Fiesta By the Bay and the Hispanic Heritage Festival. Mr. Plummer: And how many days remain then to be allocated out of the 307 Mr. Katz: That would leave 22, discounting Mr. Tayss' request. Mr. Plummer: What about if we don't give it to him out of the 30? Mr. Castaneda: (OFF MIKE) Then he would have to pay $500. Mr. Plummer: No, he would have to pay. Mrs. Kennedy: He, OK, we have a motion. Mr. Odio: In the funding part, Commissioner, why couldn't the trust... Mayor Suarez: Why don't we take a vote real quick on the actual dates which we haven't taken yet... Mr. Plummer: Oh, I thought we did. Mayor Suarez: ... subject to the modifications made. Ms. Hirai: We need a move and a second. Mayor Suarez: Do we have a motion? Mr. Plummer: Don't you have Cityfair in there during this time? Isn't that proposed, the Cityfair? What's the date on Cityfair? Mr. Katz: Commissioner Plummer, Cityfair will only take place in the park along the bay walk, and Cityfair organizers have agreed to work with us so that the trust can gain some additional revenues beside their show to have events in the amphitheater also concurrent at that time. Mr. Plummer: But this is not a revenue producer. Mr. Katz: To answer your question that his event wouldn't preclude Cityfair from happening, it wouldn't interfere anyway with Cityfair. Mayor Suarez: Do we have a motion and a second on this? 64 July 21, 1988 a Mr. Plummer: For the dates? Mayor Suarez: Yes. Mr. Plummer: Yes, with 30 day cancellation, yes, I will move it. Mayor Suarez: Moved, do we have a second. Mrs. Kennedy: Second. Mayor Suarez: Call the roll. Mr. Plummer: It is only on the dates now, it is not on the funding. Mayor Suarez: On the dates. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-684 A RESOLUTION APPROVING THE USE OF THE BAYFRONT PARK AMPHITHEATER IN CONNECTION WITH PROPOSED DATES AS DATES APPEAR ON ATTACHED SCHEDULE FOR SIX FAMILY BAND CONCERTS TO BE CONDUCTED BY THE GREATER COMMUNITY CONCERT BAND; FURTHER STIPULATING THAT THE CITY HAS THE RIGHT OF CANCELLATION PROVIDED SUCH CANCELLATION OCCURS THIRTY (30) DAYS PRIOR TO THE DATE OF THE EVENT WITH THE CITY TO ASSIST IN APPROPRIATE RESCHEDULING OF ANY CANCELLED EVENT, EACH OF THE EVENTS BEING COUNTED AS ONE OF THE THIRTY ( 30 ) DAYS PRESERVED FOR USE BY THE CITY PURSUANT TO ORDINANCE NO. 10348. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, what are we doing about the financing, the funding here? Mrs. Kennedy: OK, Ira, could we, out of the money that we have made, loan them "X" amount of money, and then get it back from the concessions? Mr. Katz: I suggest that we bring that up at the next trust meeting and have a vote on that prior to... Mayor Suarez: Why don't we refer that then to the trust. Mr. Dawkins: Make sure you get it from money that you have earned, and that from the $750,000 that the State of Florida made available. Mayor Suarez: That money cannot be touched for any of those purposes. That's a good clarification. OK, that's referred to the trust for further action on funding. Mr. Tayss: Thank you. 65 July 21, 1988 0 0 ------------------------------------------------------------------------------ 14. ENDORSE THE "WORLDS FAIR FOR MIAMT IN 1995-1996" CONCEPT PROPOSED BY MIAMI RESEARCH INSTITUTE. Mayor Suarez: Item 120. Which is your item? Is there anyone here on item 120? Make it brief, please. Mr. Carlos J. Ortiz de Valderrama: Mayor and Commissioners, my name is C.J. Ortiz de Valderrama, I was here in front of you May 19th and I believe you are going to be formalizing a resolution, which you moved to adopt at that time. Since that time, the City of North Miami, Dade County and the Governor of Florida have approved through similar resolutions, some a little lengthier, the project of the World's Fair for Miami in 1995-96. The Beacon Council has endorsed the project. A few chambers of commerce have also endorsed the project and we are back here in front of you. Mrs. Kennedy: Mr. Mayor, we just need to formalize it into a resolution and I so move. Mayor Suarez: So moved. Mr. Plummer: Wait a minute. When you say endorsed, that's no dollars. Mrs. Kennedy: No dollars. Just as support. Mr. Ortiz de Valderrama: That's the resolution. That's correct. Mr. Plummer: It is just to endorse the concept of bringing it here in 195- 196. Mr. Ortiz de Valderrama: That's correct. Mr. Plummer: OK. Mayor Suarez: So moved and seconded. I understand his statement to be a second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-685 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE CITY OF MIAMI'S RECOGNITION AND ENDORSEMENT OF THE "WORLD'S FAIR FOR MIAMI 1996" CONCEPT WHICH HAS BEEN PROPOSED BY MIAMI RESEARCH INSTITUTE AS A UNIQUE AND LASTING CULTURAL AND EDUCATIONAL EXPOSITION REFLECTING MIAMI'S FIRST CENTURY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: NO APPEARANCE FOR ITEMS C-121 AND C-122. THE MAYOR STATED C-123 HAD BEEN TAKEN CARE OF. 66 July 21, 1988 W 15. GRANT FUNDING REQUEST BY ASIAFEST, INC. FOR $30,500 IN CONNECTION WITH YEARLY EVENT TO BE HELD NOVEMBER 14-20, 1988, WITH STIPULATION. Mayor Suarez: Item 125, Asiafest. Gee, it seems like we have seen you a couple of times here, waiting to be heard. Unidentified Speaker: Yes, sir. Thank you. First of all, my thanks for the initial and continuing City support of Asiafest. I want to give you a quick update, because I know you have a lot of agenda items. Asiafest is moving forward terrifically. The Hong Kong Chinese Orchestra is committed, the National Acrobats of Taiwan, the National Dancers of Korea, the Philippines and Thailand, marshal arts from Korea, Filmfest from Hong Kong and Singapore, dragon boats from Hong Kong, a rock group from Japan, the National Folk Arts musicians and dancers from Malaysia - they just sent their contract in - and Bali dancers and dancers from Indonesia. In terms of the whole team putting this together, we have just hired the advertising agency of Hume-Sindelar, the public relations firm of Chiles Communications, Terry Stone of the Coconut Grove Arts Festival is acting as a consultant to us. WPBT, Channel 2, is working with local broadcasting on the whole television part of it. The tents are ready and Florida International University is supplying us with students. I want to introduce you to Frank Jenson. He is from the Netherlands. He is a graduate student working with Asiafest, getting independent study credit. I just wanted to acknowledge him. He is from the Netherlands and helping us out. We are asking you for support in the in -kind services way of concession and trade fair rights, police, event staff, fire services, solid waste services, cleanup, security, and miscellaneous expenses. Ira Katz has put that budget item together for us and Gracie Lovin has been kindly working with us, but just to end my presentation, may I show you the posters, the billboards, the advertising that is proposed by Hume-Sindelar. We are just going to walk it by you and take two minutes of your time. Mr. Plummer: Is this a nonprofit organization? Unidentified Speaker: It is a nonprofit, completely nonprofit organization. The funds that come out of this event will pay for next year's Asiafest here in Miami. Mrs. Kennedy: Let me just say quickly that perhaps a more accurate description of this event would be a mini World's Fair with a very strong business component. This is going to bring government officials, business people and performers from ten Asian nations and it is going to be telecasted. It is going to bring over a million visitors and it will be a spectacular week long event. Unidentified Speaker: Incidentally, walking by you is the proposed Metrorail dragon, attaching it on to the Metrorail. Mr. Plummer: That's the same one that is going to cancel on the arena? Mrs. Kennedy: No, we don't let that happen. Mayor Suarez: Maybe they will bring Metrorail to life with that French dragon. Unidentified Speaker: I hope so. So, we are really moving forward very, very well, and ask for this support from you. By the way, the City of Miami international trade group chaired by Commissioner Dawkins has unanimously pledged its support to Asiafest at a meeting we had about a week and one-half ago. Mr. Plummer: What happens to the profit if there is no second year? Unidentified Speaker: There will be a second year, that's the only thing we can do. Mr. Plummer: That's not my question. 67 July 21, 1988 Unidentified Speaker: I don't have an answer right now, but I will be happy to create that answer for you by meeting with Asiafest board and advisory board. By the way, our U.S. Department of Commerce, official Florida Department of Commerce are all on our advisory board. Mrs. Kennedy: How much money would say the telecast represents in advertising dollars? Unidentified Speaker: Millions of dollars. You know, PBS stations throughout America will be showing this. The entry station is our own PBS, channel 2. Also each Asian national television network, when we were in Asia for six weeks, we met with the head officials of each Asian network and they are going to take this program and show it in their countries. That's the commitment of each Asian nation, so the City of Miami will be seen in Japan, Taiwan, Indonesia, Malaysia, Hong Kong, Singapore, India, and so on and so forth. Mayor Suarez: Any resemblance of that last picture to anyone sitting on this Commission is purely coincidental, I am sure. What does this Commission want to do? Commissioner Dawkins, do you have a recommendation? Mr. Plummer: Well, what we talking about, what's the total cost? - $35,0007 Mr. Odio: $30,500. Mayor Suarez: From our festival funding? Could we make this the highest recommendation for the $40,000 that will become available each year? Mr. Odio: That's your decision. Mayor Suarez: Sounds to me like a very important... Mr. Plummer: Yes, well, that is right, because $40,000, we said five different organizations. Mayor Suarez: Right, 20 percent of $200,000 is available every... Mr. Plummer: But you are locking then in for five years. Mayor Suarez: Well, this is a one year event, so it would then... Mrs. Kennedy: We can do it on a yearly basis. Mr. Dawkins: (OFF MIKE) If he doesn't make money to support himself the next year. Mayor Suarez: Yes. That's a one year thing, right? Mrs. Kennedy: Right. Unidentified Speaker: We can come back every year and produce this here, right. Mrs. Kennedy: But we can do it individually on a yearly basis. Unidentified Speaker: Yes, you can. Mr. Plummer: You understand that if we give you money, that the City reserves the right to audit. Unidentified Speaker: Absolutely. Mr. Plummer: OK. I will move it, predicated on any profits derived... did you move it? ... that any profits derived the first year, that if there is not a second year, all of those profits revert back to the City of Miami. Mayor Suarez: And that is part of the audit in effect. Mrs. Kennedy: Second. Mayor Suarez: Since, if you are not going to continue this, we would like to see that. 68 July 21, 1988 C • Unidentified Speaker: We're going to continue it. That's fine. Mr. Plummer: If for whatever reason there is not a second year, any pr^fits derived from the first year automatically revert to the City of Miami. Mr. Dawkins: I second. Mrs. Kennedy: I did. Mr. De Yurre: We are going to do that for every year then, also, eventually. Mr. Plummer: We'll talk about the second year, the second year. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-686 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF ASIAFEST, INC. FOR $30,500 (INCLUDING IN -KIND SERVICES, USE OF BAYFRONT PARK AMPHITHEATER, WITH PERMISSION TO SELL BEER AND WINE) FOR THE ASIAFEST EVENT SCHEDULED TO BE HELD NOVEMBER 14-20, 1988; STIPULATING THAT IF ANY PROFITS ARE DERIVED FROM SAID EVENT AND SAID EVENT IS NOT HELD FOR A SECOND YEAR, SAID PROFITS SHALL REVERT BACK TO THE CITY. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Unidentified Speaker: Thank you. 16. PERSONAL APPEARANCE: DOROTHY REESE -REGARDING PRESERVATION OF THE MELREESE GOLF COURSE. (IN CONNECTION WITH PROPOSED NEW BASEBALL STADIUM, SEE LABEL 19) Mayor Suarez: There was an item involving Mrs. Reese, is she still out there? Mr. Plummer: Yes. Mayor Suarez: Dorothy, do you want to make a quick statement? We promised you as the wife of the former City Manager who was kind enough to let me have his desk. Mrs. Mel Reese: I've been sitting so long. The only thing that has changed here is that everything is still the same, on and on. Mayor Suarez: The French have a saying about that, but go ahead. The more things change, the more they stay the same. Mrs. Reese: Right. I would like to bring you a little history. Now, this might premature, but I read disturbing things in the paper about the new baseball stadium and talking about the Melreese Golf Course. When I found myself suddenly living in Miami in 1960 when my husband had to accept the challenge of the City Manager, there was a nine hole course. The Commission 69 July 21, 1988 at that time thought it would be very nice if they put a sewage disposal plant in the balance of the City property. Well, that didn't fly too well in the Manager's office, so the Commission then agreed to construct a second nine holes and in one of the water holes out there, there remains a Food Fair building that was donated to fill up the holes. Incinerator ashes were used for fill on hole number 16, but the sea gulls found that it was just wonderful to come and rest there in the winter, and airline pilots objected to that. Trees were needed and the City worked out a tree donation program that anyone in the City, or anywhere, who had a tree they needed to remove could call and the City would root prune and then transfer it. That's why you have such a tremendous assortment of trees there. Then when the ruling came out of New Orleans, Mr. Reese very happily the next morning went out and ripped off the sign off the Miami Springs Golf Course that said, "white only." That restriction had never applied to Le Jeune. When state road 836 needed to build an exit, they had to take golf course land, but the City, and when I say the City, I mean the Manager with the approval of the Commission, negotiated with a state road department and in order to compensate for the State land that was lost, the State agreed to redesign the four golf holes that were affected, using the golf architect of the City Manager's choice, which happened to be Robert Trenton Jones, Sr., and they didn't even blush at the cost. They also agreed to fence the golf course on Le Jeune Road and llth Street with an anchor fence and so the City really gained by allowing the exit ramp. Now, 61,000 players used the Melreese Golf Course last year, and the green fees totaled $312,000. The cart rental and concessions... Mayor Suarez: And as I mentioned to you on the phone, if we had major league baseball there, it would be 40,000 or 50,000 people, possibly, using it every game, which would be as many as 80 games a year, so... Mrs. Reese: Well, if you just want numbers, sir, I will give you numbers, but... Mayor Suarez: No, no, you gave us numbers, and you gave them to me over the phone and I am giving them back to you, just to illustrate the difference. Mrs. Reese: Yes, all right. Now, one of the principal rules instituted in the Manager's office was that once the golf course was constructed, it must pay for itself, and it has, it does not cost the City anything. The concessions and everything else total $295,000. Junior golf is offered free. Now, there is no crack or cocaine on the golf course, I'll tell you that right now, it wouldn't work. The Miami Dade Junior College, the University of Miami and FIU use the course in their programs. Senior citizens play tournaments there as well as the Senior Olympics sponsored by the City. Then there is golf tournaments about every other week. The Jimmy Burns scholarship tournament started there. The Dade County Easter Seal Amputee Golf tournament started there and tournament visitors as well as winter tourists are amazed at the condition of the course, considering the heavy play. This course is a good front yard for tourists leaving the airport in cabs going down 826, or 836. Now, the survey that was reported in the Herald, the demographics are really very limited, because it figures out to be .003 percent of the registered voters. Now, I know that you are going to approve a bond issue for a baseball stadium, but considering the horror we all registered when the road improvement bond issue was defeated, which we couldn't understand why, I wish you luck with this, but please, don't destroy a facility that means so much to so many people and I am here speaking for little people who can't speak for themselves. I thank you for your time. Now, I have been remiss, for the last six years in expressing my opinion of the operation in the City. I assure... Mayor Suarez: Of the what? Mrs. Reese: Operation of the City for the last six years, since my husband died. I was throttled before the end, and I had to just do volunteer work, but I plan to be heard, friend, and... Mayor Suarez: Well, we'll be interested in your input any time on any item. Mrs. Reese: I am a tough old bird, but please, let's not destroy the golf course. Mayor Suarez: Thank you for your statement and keep praying for me on Sundays, as you have been doing. 70 July 21, 1988 Mrs. Reese: Oh yes, Trinity Cathedral prays for the Mayor three services every Sunday. Mayor Suarez: Thank you, Mrs. Reese. ------------------------------------------------------------------------------ 17. ALLOCATE $31,000 TO BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. - FOR HISTORIC PRESERVATION PROJECT AND ALLOCATE $55,000 TO JEWISH FAMILY SERVICES, INC. - PROVIDE HOME SECURITY PROGRAM FOR ELDERLY CRIME VICTIMS. Mr. Dawkins: Mr. Mayor, I would like to bring back 32. Frank, I pulled 32, because I wanted to know why we were giving $55,000 to one organization and only $31,000 to another, when the cost of operations went up for both organizations. Mr. Castaneda: Well, they do different things, but in the case of the Black Archives, we understand that they no longer have a director right now, so I would say that amount of money, they are going to have some savings and if they need additional money later on, let them come over and discuss it later on. Mr. Dawkins: OK, so what you are saying is the $31,000 will carry them through and if they get another director and a secretary, we will attempt to provide more money? Mr. Castaneda: Right. Mr. Dawkins: Is that a fact? Ms. Dorothy Fields: We wouldn't be able to... as it stands now, we are working with the business volunteers for the arts, through the Greater Miami Chamber to revamp our program, as we are involved in the village, and what we need to do is to hire a director and we would not be able to do that with $31,000, so... Mr. Dawkins: But you got rid of one. Ms. Fields: No, no. At the end of June the money ran out. Mr. Dawkins: OK, what did you say, Frank? Mayor Suarez: We can move the whole amount as conditioned on your getting a full time director. Ms. Fields: Director. Mr. Dawkins: OK, that is what Frank said. Frank said we give them the $31,000 and then when they come back and sit down and show whatever we got and we need, then we will work on that. Is that OK, Mrs. Fields: Ms. Fields: Thank you, yes. Mr. Dawkins: OK, when can they get the $31,000? They say they have got to close the doors if they don't get it tomorrow. Mayor Suarez: How about this afternoon? Mr. Castaneda: They need to meet the contract requirements, Commissioner. Mr. Dawkins: OK, what are the contract requirements, Frank? Ms. Fields: We have that information. Mayor Suarez: Work on those this afternoon and get it all completed. Mr. Castaneda: They know what they are, Commissioner. Mr. Dawkins: OK, all right then. 71 July 21, 1988 Mayor Suarez: OK, do we have that in the form of a motion? Mr. Dawkins: I move it. Mrs. Kennedy: Second. Mayor Suarez: Seconded, any discussion? Call the roll. Ms. Hirai: I would like to clarify, Mr. Mayor. This is continued item 32. Mayor Suarez: Right. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-687 A RESOLUTION ALLOCATING $31,000 OF FOURTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10436, ADOPTED MAY 12, 1988, TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR THE PURPOSE OF PROVIDING A HISTORIC PRESERVATION PROJECT FOR THE PERIOD JULY 1, 1988 THROUGH JUNE 30, 1989, AND $55,000 OF FOURTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO JEWISH FAMILY SERVICES, INC. FOR THE PURPOSE OF PROVIDING A HOME SECURITY PROGRAM FOR ELDERLY CRIME VICTIMS FOR THE PERIOD JULY 1, 1988 THROUGH JUNE 30, 1989; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID AGENCIES FOR SAID PROJECTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:06 P.M. AND RECONVENED AT 2:10 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 72 July 21, 1988 18. BRIEF COMMENTS OF CONCERN BY COMMISSIONER PLUMMER CONCERNING OBSTRUCTION OF ONE OF CITY'S MAIN ARTERIALS DURING CONSTRUCTION. Mr. Plummer: Mr. Manager, I want to ask a question. I had an experience at lunch time. On one of the busiest and the main arterials in this City, there is construction going on. It is three lanes and the construction had now taken, and is utilizing two lanes on one of the busiest and main arterials in this community. First of all, I want to know, did we approve them blocking off completely two lanes. Mr. Odio: Which artery? Mr. Plummer: Coral Way between 32nd Avenue and 34th Avenue. It has got you a traffic jam that is unbelievable. First of all, I want to know if you approved it, and second of all, I want to know why they can't do all of that construction over on the avenue which is blocked off for their convenience and not block up Coral Way. I mean, you have a traffic jam there, I tried to go to Sears during lunch. It is incredible! I shouldn't go to Sears during lunch. 19. (A) WAIVE CODE PROHIBITION TO ALLOW CHRIS KORGE TO LOBBY BEFORE THE CITY COMMISSION IN CONNECTION WITH PROPOSED PURCHASE OR CONSTRUCTION OF MAJOR LEAGUE BASEBALL STADIUM. (B) FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $80,000,000 GENERAL OBLIGATION BONDS FOR PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND RELATED FACILITIES. (See label 16) Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: I would like to see if we can pick up the baseball bond issue item at this time. Mayor Suarez: If we don't act on that today, we are going to have to have a special meeting and I don't think anybody wants to have any special sessions, so... is it on the agenda? Mr. De Yurre: Yes. 13 and 14. Mayor Suarez: 13 and 14 of the regular agenda? What is the vote that is needed today? Is it to put on the ballot the conditional referendum? Mr. De Yurre: First reading for October 4th... Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: It is the first reading to put before the voters on October 4th, the $80,000,000 bond issue for building a baseball stadium, and... Mayor Suarez: When would the second reading be, Mr. .. Mr. De Yurre: We would have to set it now. Mr. Fernandez: Second reading must take place after August 6th and before August 20th. Mr. Plummer: We don't meet. Mayor Suarez: We can't do both readings today? Mrs. Kennedy: Can we do both? Mr. Fernandez: The ordinance is placed on the agenda as a first reading ordinance. It was anticipated having a second reading in August. It was the advice of bond counsel, that although it could have been brought as an 73 July 21, 1988 emergency ordinance, and have both readings on the same day, it was the safest practice to have two separate hearings so that they could be properly advertised for the second hearing also. Mayor Suarez: Whichever, we have to take a vote on the first reading, so if we need to hear a presentation on that that, I'm... is there anyone from the general public that wishes to address this item? I know we heard from Mrs. Reese this morning. Let the record reflect that no one has stepped forward. Is any of the Commission... Mr. De Yurre: Chris... Mayor Suarez: Yes. Mr. De Yurre: Chris wanted to talk about it a little bit. Mr. Chris Korge: Mr. Mayor, on behalf of the Miami Sports and Exhibition Authority, that's been working in conjunction with this City Commission, and specifically Commissioner De Yurre, I am here to answer any questions on behalf of... Mayor Suarez: Can you put your name on the recordl You have a resemblance to someone that used to work here. I want to make sure you are the same guy. Mr. Korge: My name is Chris Korge, my office is at 1200 Brickell Avenue and I represent the Miami Sports and Exhibition Authority. Mr. Plummer: We're friends and 1 want to stay that way. You have not received a waiver to appear back before this Commission. Mr. Korge: Well, I received a waiver, Commissioner, a conflict of interest waiver from you to represent the Miami Sports and Exhibition Authority and in that capacity I am here today. Mr. Fernandez: Yes, he did, Commissioner Plummer. Mr. Plummer: Well, this is a different matter. This is not the Sports Authority has nothing really to do with this. Mayor Suarez: Are you here at the request of the Authority? Mr. Korge: Yes, I am. Mayor Suarez: He can speak on behalf of it, right? Mr. Plummer: You are here representing the Authority? Mr. Korge: I am here at the request of the Authority which is working with Commissioner De Yurre on this item. Mr. Plummer: They are paying you for your appearance? Mr. Korge: That's correct, they are paying me for my appearance. Mr. Dawkins: I move the waiver. Mrs. Kennedy: If not, I was going to... Mr. Plummer: That's what I was going to do. I will second the waiver to allow him to be here. I just don't want him to... Mrs. Kennedy: If he needs a motion, I... Mayor Suarez: Yes, I don't think we need it, but go ahead and move it and second. Any discussion, call the roll. 74 July 21, 1988 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-688 A MOTION WAIVING THE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE SECT. 2-302 TO ALLOW CHRIS KORGE TO APPEAR BEFORE THE CITY COMMISSION IN CONNECTION WITH AGENDA ITEMS 13 AND 14 (GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PAYING THE COST OF PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND ITS RELATED FACILITIES, AND ALSO AUTHORIZING A BOND ELECTION TO FINANCE THE COST OF ACQUISITION OR CONSTRUCTION OF SAME). (NOTE: This motion is to be taken as a restatement of the City Commission inasmuch as it was previously passed on June 9, 1988 as R-88-554.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: We are going to waive you out of existence. OK, now. Mr. Plummer: Not at the prices that he charges, he ain't going to go out of existence! Mr. Korge: Actually, I believe I am here free at this point, Commissioner Plummer. I'm here really to answer any questions that you may have about the matter that is brought before you. Mr. Plummer: Well, I'd rather ask the administration. Mr. Manager, my question is, as I understand it, and I want to make sure, this is a referendum before the public to answer yes or no, whether they wish to bind themselves for an amount not to exceed $80,000,000, if in fact, a major league franchise agrees, sign and delivers to come to that facility. Is that correct? Mr. Odio: Yes. Mr. Plummer: OK, now, this is basically a straw ballot, or a binding ballot? Mr. De Yurre: It is a binding ballot. Mr. Fernandez: It is binding, yes. Mr. Plummer: It is binding, it is a binding ballot. All right, now, is there any way that these bonds can be sold prior to that agreement being signed? Mr. Fernandez: No. Mr. Odio: No. Mr. Plummer: That's built in here? Mr. Fernandez: Yes. Mr. Plummer: I don't find it. Show me the prohibition against the sale of the bonds prior to a signed contract by a franchise owner. Also, Mr. Manager, while he is looking that up, I think, you know, the public in this community I have good faith in. They have been able to pick and choose between bond issues of what they thought was reasonable and not. I caution you, and I caution my colleague Commissioner De Yurre, because we want this thing to pass, you do not in any way state what are related facilities. The reading of 75 July 21, 1988 s this, which will be on the ballot, is purchasing or constructing a major league baseball stadium and related facilities. That is a very broad term. Mayor Suarez: You want to specify it a little more? Mr. Plummer: Well, you've got to do it in so many words. The bond issue... Mayor Suarez: Yes, that is what I mean, do you want to do that by... Mr. Plummer: I think if you want it to pass, you better not leave anything here to question. Mayor Suarez: I think the implication would be parking... it would be parking and any other facilities needed for the operation of a baseball stadium. Mr. Plummer: Like, I would say the wording, "as accessory uses to" would be proper wording. Mayor Suarez: Or, "as accessories to a baseball stadium." Mr. Odio: I wouldn't like to limit it too much, suppose we do get a team, and that teams wants some extra facilities in the area right next to the stadium for the minor leagues, or something, that we are able to... if we tied ourselves in a... Mayor Suarez: Ah ha! Like the training facilities. Mr. Plummer: OK, now look, in here... Mayor Suarez: The bond is for $80,000,000. You probably won't be able to do that anyhow, but... Mr. Plummer: And I am reading from that which is going to be subjected to the electorate. Nothing in here states... as a matter of fact, if I read this without knowing anything, I would say to the contrary. "Such bonds to be issued at one time, or from time to time, and to mature as shall be established by subsequent ordinances." That means if it passed on October 4th, you could issue bonds on the 5th. Mr. Odio: OK. Mr. Plummer: Cesar, it doesn't say that here! This is what the people are voting on. Mr. Odio: We have to change it then. Mr. Fernandez: Subject to. Mr. Plummer: OK, I am saying to you that you need to clear up this language, because if you don't, anybody who wants to take up opposition to this thing, and you know there will be... Mr. Odio: Yes, there are always negative persons around. Mr. Plummer: Exactly! They are going to pick holes in it. Mr. Odio: Why can't you put the stadium plus any operating facilities as required by the major league team? Mr. Plummer: Well, I would say, or accessory uses to the facility. Something along those lines. Mr. Odio: I don't think that we should go ahead and build a stadium for $80,000,000 and then we all of a sudden we can't do certain things because we limit ourselves to it. Mr. Plummer: Well, Mr. Manager, let me tell you, then I will give you the history, which I didn't want to go into. Remember when the legislative act was passed for the arena, the arena was a second thought, OK? You remember that? The main passage of that money was for an exhibition hall, and at the last minute they came in and said exhibition hall and/or arena. We now have a beautiful arena, we will never see an exhibition hall, which this town 76 July 21, 1988 0 0 desperately needs. I am saying, you need to clarify and explain more to the public. Mr. Odio: According to Chris, he related this was drafted by the bond counsel. Mr. Plummer: Hey, bond counsel doesn't have their proverbial on the line. Mr. De Yurre: J.L., why don't we put... listen, I think this may do it. Where it says, "constructing a major league baseball stadium," let's add the word, "and its related facilities." Mr. Plummer: "And its related..." Mr. De Yurre: "And its," i-t-s "related facilities." Mr. Plummer: OK. Mr. Fernandez: All of that is really subject to having the major league baseball team, if we don't get the major league... Mr. Plummer: Show me the wording in here, prohibiting the bonds from being sold prior to the signing of the contract. Mr. Fernandez: The word, "subject to" makes it a condition precedent, that is the correct legal interpretation of that. One thing cannot take place unless the other has already happened. Mr. Plummer: I'm saying that contract has to be signed prior to the bonds being sold. Mr. Korge: That's correct. Mr. Plummer: Not simultaneously. Mr. Fernandez: Sir, no, and that is precisely what this language subject to means. Whenever there is a subject to condition, it means that that which comes first, cannot happen until the second thing subject to fully having taken place, so we have to have a major league baseball or an owner of an existing major league team agreeing to, so there is the language. You know, there needs to be an agreement in place before the bonds could be issues, so the language subject to, is of sufficient legal impact to assure us of that. Mr. Plummer: Mr. Manager, explain to me the wording where it says, purchasing or construction. Is purchasing, is that the baseball stadium of the City of Miami? Mr. Odio: Well, if... Mr. Korge: If I may answer that for you Commissioner. The reason why it has been drafted that way was to give you the maximum flexibility in developing the stadium. For example, you may have someone to competitive selection process be selected as a current turnkey developer and then you would purchase the stadium. It would be a new facility, but you would be purchasing it from the developer. Mr. Plummer: All right my final question at this point. If you don't use the present baseball stadium, what happens to it? You go out and you build a brand new facility. What happens to the old facility? The City still owns it. Mr. Odio: I think it is a policy decision at that point. I feel what we might do is sell that property or tear down the stadium and convert it to housing, you have many options. Mr. Plummer: I don't find anything... all right, what... Mr. Odio: And you still have the option... I'm sorry... of building the... Mr. Plummer: All right, I thought the purchase might have been... Mr. De Yurre: Of building it right there. 77 July 21, 1988 41 Mr. Odio: You still have the option of building the stadium there. Mr. Plummer: OK. I find nothing in here that says that this facility has to be built within the City limits of the City of Miami. No, no, no. Mr. Korge: Commissioner, the site, the selection of the site for the stadium is going to be left up to the City Commission and some supplement funding. Mayor Suarez: Well, but that provision makes a lot of sense! We obviously... we normally would want to have that in there. We don't want to have... Mr. Fernandez: Commissioner Plummer... Mr. Suarez: Mr. City Attorney, please... Mr. Fernandez: I'm sorry. Mayor Suarez: We not only want to have that in there, we'd want to have it in the title that goes on the ballot to clarify this is going to be a facility within the City of Miami. That enhances the chances that it will pass. There is no problem with that. Mr. De Yurre: Well, aren't we saying here, related facilities in the City of Miami, Florida? That is the City of Miami. We are not talking about anywhere else. Mr. Bob Clark: (OFF MIKE) The ballot question does not have Mr. Plummer: No, the ballot question does not have it. Mrs. Kennedy: And related facility. Mayor Suarez: It would be very useful to have it on the ballot question itself. Mr. De Yurre: For the way it reads here on number 13, that does mention the City of Miami, Florida. Mr. Fernandez: Yes, on the title of the 13, but ordinance 14 is the one that contains the ballot question and it doesn't contain it there, so it is being added. Mr. De Yurre: But on 14 it says, City of Miami, Florida, also. Mr. Odio: May I read this. It says, "For the purpose of paying the cost of purchasing or constructing a major league baseball stadium and related facilities in the City of Miami." Mr. Korge: It says that already. Mr. Plummer: That's not in the ballot question. Mayor Suarez: If it isn't, let's make sure it is. ` Mr. Korge: OK. Mrs. Kennedy: This is on page 10 of your item 14. Mr. Fernandez: Yes. Mayor Suarez: OK? As clearly as could be enunciated. Anything else? Mr. Plummer: No, the only other thing that bothers me, Mr. Mayor, was, if you look at the wording of the ballot question, one would maybe believe that this facility would only be used for the playing of home games. It is not, I would assume. When there is not home games being played there, there could be other reasons for that facility to be rented out for sources of revenue. Mr. Korge: That is correct. Mayor Suarez: t for damn sure. 7 1 I know they are not going to play any away games there, that is 78 July 21. loan N Mr. De Yurre: No, talking about concerts and... Mr. Plummer: No, no, no, you laugh, let me tell you what this Commission was faced with one time. Mr. Robbie decided he was mad at this Commission, he was going to take his home games away from this community so he wouldn't have to pay the City rent, and I think he went down to a minimum of four games, rather than seven or nine. Mayor Suarez: Yes, it is anticipated that the team would play half of the entire season there, which would be about 80 games. I don't know how much tighter you want to make that. It's up to you. Mr. Plummer: No, my concern was the facility could be used for other events. Mr. Korge: There is no limitation. Mr. Odio: Yes, and when we get into negotiations hopefully one day for a baseball team, we will make sure that they understand that they have to play so many games here and that we will be using the facility for other events. I think it is premature now to get... Mr. Plummer: Based on this, knowing as you know now, for the record, what would be the average homeowner's cost per year in additional taxation. Mr. Carlos Garcia: You understand there is many variables here, but I estimate it to be about $40 a year. Mr. Plummer: Four zero? Mr. Garcia: Right. Mr. Plummer: An $80,000,000 bond issue. Mr. Garcia: Yes, sir. Mr. Plummer: OK, now Mr. Mayor, I sent a message to my colleagues, I would ask at this time that we vote first on the street and what is the other bond issue? Mr. Odio: Highway improvement. Mr. Plummer: The highway improvement bonds, if that is placed on a ballot, I will vote for this. Mr. De Yurre: It has already been. Didn't we vote for that last week? Mr. Plummer: No, first or second reading? I would ask that that... second reading is on for today, right? Mr. Jim Kay: Second reading is on for September. Mr. Plummer: September. Mr. Kay: For the November ballot. Mr. Fernandez: Yes. Mr. Plummer: OK, so then we will have second reading for this in September. Mr. Fernandez: No. Mr. De Yurre: No, in August. Mr. Plummer: Well, all I am saying to you, my priority, even though it is allowing the public to speak to an issue, there is no question in my mind, what is the immediate priority in this community, and that's the highway bond issue, and it's our fault because it didn't pass before because we didn't go out and educate the public. We've educated the public by telling Flagami, you are going to have a flooded condition if you don't vote for it this time, all right? But, I'm saying to you, of the two priorities, mine is that highway bond issue which I feel is very, very important, and if that is on there, I 79 July 21, 1988 will also allow this to go on, not necessarily the same election date, but I want to make certain... Mr. Odio: They are not going in the same date. Mr. Plummer: That's fine, as long as the public has the right to speak to both issues, but I am not going to put up $80,000,000 for pastime, and let my streets go to hell, so I am just saying, I want that understood. Mayor Suarez: On first reading? Do we have motion? Mr. De Yurre: Move it. Mrs. Kennedy: Second. Mr. Plummer: As modified. Mayor Suarez: As modified. Read the ordinance. Mr. Fernandez: The modification comes in in that related facilities would be "and its related facilities." Mr. Plummer: Right. Mr. Fernandez: Correct? All right, this is reading... Mr. Plummer: Wait a minute, there is another modification for the ballot. Mr. Fernandez: Yes, but that's in item 14. I am now reading 13, which is what has been moved and seconded. Mr. Plummer: I don't have item 13. Mr. Fernandez: Yes, there is an item 13 that is a first ordinance that must be... Mr. Plummer: I have item 12 and item 14, now... you haven't... wait a minute, wait a minute, hold on. Somebody has put it behind, my mistake and I stand corrected. Mr. Fernandez: All right. So and then when we get to item 14, we will make the amendments to the ballot questions which are part of that ordinance calling for an election. This is the ordinance calling for the issuance, all right? THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: triple A? I'm asking the question, OK? - and I hate to be such a stickler, but boy, bonds when you put them out, you have got to be. Mayor Suarez: No, it is not a bad idea to put that clarification in. Mr. Plummer: Is major league triple A ball? I am not that familiar with baseball, and I am asking. Or is major league, could it be considered double A ball, or...? Mr. De Yurre: Minor league, is A, double A, triple A, and all the letters. Mayor Suarez: We want to be absolutely sure that major league is defined so we think of it as major league. If it doesn't... 01 Mr. Plummer: Major league is triple A, correct? Mayor Suarez: No, no. Mr. De Yurre: No, no, no. Mr. Plummer: No? Mr. De Yurre: Major league is major league. 80 July 21, 1988 Mr. Korge: No, no, major league is major league. Mr. De Yurre: National league, American league... Mr. Korge: National league and American league baseball. Mr. De Yurre: With, Jose Conseco and Wade Boughs and those guys. Mayor Suarez: Yes, Wade Boughs, , Mattingly, you know, Andre Dawson, that we gave the keys to the City - the big boys. Mr. Plummer: OK, I am just asking. Mayor Suarez: OK. Mr. Plummer: I have read item 13. Ms. Hirai: We need to call the roll on it, Mr. Mayor. AN ORDINANCE ENTITLED - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION AS HEREIN PROVIDED, OF NOT TO EXCEED $80,000,000 GENERAL OBLIGATION BOND OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND ITS RELATED FACILITIES IN THE CITY OF MIAMI, FLORIDA, ISSUANCE OF WHICH IS SUBJECT TO MAJOR LEAGUE BASEBALL, OR AN OWNER OF AN EXISTING MAJOR LEAGUE BASEBALL TEAM, AGREEING TO USE SUCH A STADIUM FOR PLAYING HOME GAMES BY MAJOR LEAGUE BASEBALL TEAMS; CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE A QUESTION OF WHETHER SUCH ISSUANCE OF BONDS SHALL BE ISSUED AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 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. 20. FIRST READING ORDINANCE: AUTHORIZE BOND ELECTION ON TUESDAY, OCTOBER 4, 1988, WITH RESPECT TO ISSUANCE OF $80,000,000 GENERAL OBLIGATION BONDS FOR PURCHASING OR CONSTRUCTING A MAJOR LEAGUE BASEBALL STADIUM AND RELATED FACILITIES. ------------------------------------------------------------------------------ Mr. Fernandez: Now, item 14 must also be then moved. Mr. De Yurre: Move. Mr. Dawkins: Second. Mayor Suarez: It has been moved, do we have a second? discussion? Mr. Plummer: Subject to modification. Second. Any 81 July 21, 1988 Mr. Fernandez: Yes, and the modification in that is to the language of the ballot to include, in the City of Miami, and also the already noted change of when it speaks of related facility, adding the word "its" in front of it to make sure it is understood and so now I will read the first... Mr. Plummer: Wait a minute, I don't see anything in the ballot about, in the City of Miami. Mr. Fernandez: That is why I am saying that that is an addition to the ballot question because... Mr. Plummer: OK. Mr. Fernandez: ... in the title... Mr. Plummer: Let me ask one other question. Mr. Manager... Mr. Odio: Yes, sir. Mr. Plummer: Why in the case of the Orange Bowl, are we using revenue bonds which doesn't fulfill the full faith and credit of the City, but in this case we are using general obligation bonds, which does require the full faith of the City? Why wouldn't we be using revenue bonds here? Mr. Odio: Well, you don't have the established revenue to be able to sell $80,000,000 of bonds. You would need to establish $8,000,000 or $9,000,000 a year of revenue. I guess if the facility was operating and you had the revenue from the baseball franchise, you could get... Mr. De Yurre: Considerably in due time we can refinance it. Mr. Odio: That's the point, but there is no other way to finance it at this time. There is just no way I can place $9,000,000 of revenues. That is the difference. The other one is $60,000,000, you are pledging $2,000,000. If we could pledge... Mr. Plummer: And you recommend this? Mr. Odio: Yes, I think we all... we need to move ahead and if we are going to be a big city, a major league city, we need to let... the people need to tell us they want this. Mr. Plummer: I only remember one bond issue larger in the City of Miami and that was for the police, OK? Mr. Odio: Looking at a possible revenues from a franchise, Commissioner, if we can negotiate the proper deal with the team, the parking alone will produce substantial revenues. I am not concerned about revenues whatsoever once the stadium is in place, and the concessions, but we have to be strong enough to negotiate a deal with the franchisee, whoever it might be. I hope that when the City will benefit from it and that we get some revenues out of it. Mr. Plummer: Do you have any problem that this if passed, stays on books and obligates this City for 30 years? Mr. Odio: No, sir, whatsoever. We are in a good, solid debt service position. I have no problem with it. Mr. Plummer: OK. Mr. Plummer: We have a motion and a second? Mr. Dawkins: Yes, he moved it, I seconded. Mayor Suarez: OK, you've read the ordinance, call the roll. Mr. Fernandez: No, I haven't read this ordinance yet. 82 July 21, 1988 AN ORDINANCE ENTITLED - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING A BOND ELECTION TO BE HELD ON TUESDAY, OCTOBER 4, 1988, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED $80,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI, FLORIDA, TO FINANCE THE COST OF ACQUISITION OR CONSTRUCTION OF A MAJOR LEAGUE BASEBALL STADIUM AND ITS RELATED FACILITIES IN THE CITY OF MIAMI, FLORIDA, ISSUANCE OF WHICH SHALL BE SUBJECT TO MAJOR LEAGUE BASEBALL OR AN OWNER OF AN EXISTING MAJOR LEAGUE BASEBALL TEAM, AGREEING TO USE SUCH STADIUM FOR PLAYING OF HOME GAMES BY A MAJOR LEAGUE BASEBALL TEAM, AND THE LEVYING OF A TAX TO PAY THE PRINCIPAL AND INTEREST ON SUCH BONDS; ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION; ESTABLISHING A FORM OF OFFICIAL BALLOT FOR SAID ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 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. 21. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED SPECIAL MEETING TO BE HELD IN AUGUST TO CONSIDER TWO SECOND READING ORDINANCES IN CONNECTION WITH PROPOSED ISSUANCE OF $80,000,000 GENERAL OBLIGATION BONDS AND CALLING OF A SPECIAL ELECTION ON OCTOBER 4, 1988, REGARDING PURCHASE OR CONSTRUCTION OF MAJOR LEAGUE BASEBALL STADIUM (See label 26) Mr. Fernandez: Mr. Mayor, you need immediately to set special hearing, special Commission meeting for some time, as I stated earlier, between August 6th and August 20th in order for these ordinances to be able... for this question to go to the electors... Mayor Suarez: OK, you are saying that it cannot be, as the Manager just mentioned to me, July 30th, then? Mr. Fernandez: That's correct. Mr. Plummer: Why don't we put... Mrs. Kennedy: We have never met in August. Is there any other way that we can do it? Mr. Plummer: Well, yes, why don't we put this over to the November bond issue? Mr. Odio: Then we have to move the highway improvement. Mr. Plummer: Why? Mr. Odio: Because I don't believe that we should have both issues on the same ballot. 83 July 21, 1988 ■) Mrs. Kennedy: No, we should not have both on the ballot, it would never pass. Mr. Odio: Commissioner, 1 wouldn't recommend that at all. Mayor Suarez: Well, the hearing would be limited to that issue? Mr. Fernandez: Yes. Mayor Suarez: It is up to the Commission. I am ready to meet between those dates, if need be. OK, give me a date. Mr. De Yurre: Just set the date. Mr. Plummer: I am planning on being out of town, Mr. Mayor. Mrs. Kennedy: Again, the dates are between the 6th and the...? Mr. Plummer: Well, the 6th and the 7th are out. That's a Saturday and Sunday. Mr. Dawkins: Why? We could meet Saturday morning. Mr. Fernandez: It will be properly advertised tomorrow, so there will be time to meet as soon after the 6th as you choose, but certainly no later than the 20th. Mayor Suarez: I will be out probably 10th, 11th, 12th and 13th. Mrs. Kennedy: Why don't we meet on the 8th? Mr. De Yurre: About the 9th? Mayor Suarez: 8th or 9th is fine. 8th is better for me. Mr. De Yurre: 8th? Mayor Suarez: August 8th? Mrs. Kennedy: (OFF MIKE) Let me just clear that. Hang on one second. Mayor Suarez: OK, we will leave that. We will table that for the moment. Tentatively August 8th at 3:00 p.m., 4:00 p.m.? What time do you want, Commissioners? Mr. Plummer: I can't be here. Make it at your convenience. I just think you are setting a very dangerous precedent. Mayor Suarez: August 8th is a Monday. Mr. Plummer: I know these meetings that are one item meetings. Because of emergencies, you will be here all day. Mayor Suarez: Monday morning, August 8th. OK, give us the time, Commissioner, Madam Vice Mayor. (NOTE: AT THIS POINT THE ITEM WAS TABLED.) NOTE FOR THE RECORD: NO ONE APPEARED FOR ITEM C-126. 84 July 21, 1988 22. GRANT REQUEST FROM BALLET CONCERTO COMPANY - ISSUE ONE-YEAR REVOKABLE USE PERMIT TO OCCUPY PORTION OF CITY BUILDING AT 2600 SOUTH BAYSHORE DRIVE, WITH PROVISOS. Mayor Suarez: Item 127, Ballet Concerto, I see somebody here on that item. Leo, your item is...? Ms. Hirai: This is 127 of the continued agenda. Mayor Suarez: I'm sorry, Madam City Clerk? Ms. Hirai: Stating on the record, Mr. Mayor, it is the continued agenda. Mayor Suarez: Continued agenda, July 14th, personal appearances. Ms. Ali Castellano: My name is Ali Castellano, and I am managing director for Ballet Concerto. Thank you for your time and patience. May I give you something else, a handout? Mrs. Kennedy: Mr. Mayor, this is a nonprofit organization and they can't afford to pay standard rent. Ms. Castellano: The handout that you have includes the proposal, original proposal, but includes a detailed sheet on the school, the Ballet Concerto School, the Ballet Concerto Company, our five year plan and the most recent printed ballet performance that we did we did at the Joseph Caleb Auditorium on April 16, which was a benefit performance for the Family Health Center, in conjunction with the food and collection of clothing drive for the homeless of the community. Ballet Concerto is requesting the City to allow it a use permit for certain areas of the Parks and Recreation building located on 2600 South Bayshore Drive. Mayor Suarez: Let me interrupt you for a second. Mr. Manager, are you recommending this? I gather this is a totally non -controversial item. I know she has been meeting with my staff and with me since I was elected two and one/half years ago. I mean, I've wanted to do something. Mrs. Kennedy: They are willing to do a fund raiser and do the necessary renovations on the building which is presently not used to capacity. Mr. Odio: I have two... Mrs. Kennedy: And I urge you, Mr. Manager, to strongly recommend this. Mayor Suarez: It is kind of an eyesore building, actually. Just about anything that happens in there will be useful. Mr. Odio: I have one issue and I think I mentioned it to the Commissioner before, that we were planning to create the youth gang center in that place. Mayor Suarez: But I thought that this was not going to conflict with that office. Mrs. Kennedy: A youth resource center, please. Mr. Odio: Youth resource center. Mayor Suarez: I thought it wasn't going to conflict, the two spaces. Mr. De Yurre: It is not a gang, youth gang thing. Mr. Odio: And the other issue is a legal problem that I have to get a clarification from the City Attorney. When that building was donated to this City, whether it will... That's all, if they passed that, I have no problem. Mrs. Kennedy: Well, we have a legal opinion, as I understand it. It is a recreational use, so it will be in conformance. It is conforming. 85 July 21, 1988 1 0 Mayor Suarez: It sounds to me, recreational, I mean, you know, pretty broad understanding of the word recreational. Mrs. Kennedy: Another thing, Mr. Mayor, they are willing in return, to give lessons to City of Miami kids. Mr. De Yurre: To youth gang members. Ms. Castellano: We would like to... may I speak? Mayor Suarez: At your own risk. Let me just see if we can get this resolved here. Commissioners, does anybody have any problems with this? Mr. Plummer: How much space are they considering using? Mayor Suarez: It is not a large amount of space, is it? Ms. Castellano: The two storage areas are located on the east side of the building. They are like the garage. Mr. Plummer: I don't have a map of any kind. Mrs. Kennedy: How much do you need? Ms. Castellano: We need about 3,500 square feet. Mr. Plummer: 3,500? Ms. Castellano: Well, the problem is... there is no problem. There are two storage areas that are not being used, I mean, except for storage. You have cables, you have boxes... Mr. Odio: That's on the side of the hanger. Ms. Castellano: Yes, it is on the east side of the Parks and Recreation building. Mr. Plummer: They are presently used as offices. Ms. Castellano: No, they are not, not that area. Mr. Odio: No, they are not. We are using the front building as park offices. Mr. Plummer: OK, then they were using it for the boxing program, OK. Ms. Castellano: That area is boxes, just storage. There's some cables, there are some cleansers stored there. Mr. Plummer: So you are going to use those two offices up there. Ms. Castellano: Those two areas , those are like garage areas, storages. Mr. Odio: And we don't have to spend any money. Ms. Castellano: No, and also we want to use the vacant area, extend the roof and put up walls and two bathrooms and dressing rooms, so we would use those two storage areas, demolish one of the walls to connect those two areas... Mr. Odio: Can you approve it subject to us working out a plan with them? Mrs. Kennedy: Yes, I so move it. Mr. De Yurre: Second. { Mr. Plummer: But, I'm sorry, how does this, if any way, affect the boxing program? Ms. Castellano: None. Mr. Plummer: None? I Ms. Castellano: None. 86 July 21, 1988 0 0 Mr. Plummer: All right the second portion. Mr. Manager, we know of the very critical parking situation that exists over there, so we are in no way guaranteeing these people any parking spaces? But, I want that understood, because the situation over there is horrible now, and if you put another use in there... Mr. Odio: Well, the problem with the parking is at night, because of Monty Trainer's parking, and I don't believe that... are you going to be operating at night? Mr. Plummer: It's not much better during the day. Ms. Castellano: There are classes there until around 8:00 o'clock or 9:00 p.m. Mayor Suarez: Well to the extent that there is any conflict, the other ones are totally private use. This is a public use, at least quasi -public use, I mean I don't... it is certainly not a profit making use. The other one has to give way. Mr. Plummer: What insurance indemnification are they going to have to give the City? Mr. Odio: They have to provide the standard requirements that the City has for anybody moving into one of our properties. Mr. Plummer: And that is $1,000,000? Mr. Odio: I believe it is $1,000,000. Mr. Plummer: And all renovations they make at their expense? Mr. Odio: Yes. Mr. Plummer: Revocable permit in how many days? Mr. Odio: 30 days is the standard revocable permit. Ms. Castellano: We are looking for a long-term collaboration, or relationship with the City... Mayor Suarez: Well, a use permit is for a year, but it is usually a year. Ms. Castellano:... because we have to fund raise... Mr. Odio: Revocable on 30 days notice, though. Mayor Suarez: But revocable on 30 days notice. Almost any lease has that kind of a... Mr. Fernandez: It is not a lease, it is a revocable permit. Ms. Castellano: What is the length... Mayor Suarez: I said the use permit is for a year, it's got a 30 day revocation clause. I said a lease typically has a revocation clause too, and a lot of times it is 30 days. We can't do better than that. We've got to have the space available in case we want to use it for something else, but we have a few other use permit situations in the City, they've been there for quite a few years. Ms. Castellano: OK, I am confused, but I imagine that the City Manager will clear things up. Does this mean in concept you approve? I'm... Mr. Dawkins: Ma'am, he clear nothing up, because we don't know what your confusion is. Ms. Castellano: I don't understand the term of the lease. Mr. Dawkins: We can't sit here and say that... OK, tell us what your confusion is, and then I can tell you if the Manager can clear it up. I can't tell you and clear up your confusion until I know what it is. 87 July 21, 1988 i 0 Ms. Castellano: OK, my confusion is, what is the term of the lease? How... Mr. Plummer: 30 days technically. Mayor Suarez: It is a one-year use permit... Ms. Castellano: One year? Mayor Suarez: ... that we approve, and that is what you are requesting, that is what you are recommending, aren't you? Mr. Plummer: Yes, but you understand... Mayor Suarez: But it is cancelable in 30 days. Mr. Plummer: At any time the City can cancel that permit in 30 days. Now, that is the point, without any remuneration to you for monies that you have paid out. Ms. Castellano: Well... Mr. Plummer: If you go in there and spend $40,000 and this City determines there is a need for the City to use it, and we give you 30 days, you are out your money. Ms. Castellano: I'm speaking at my own risk. I may be putting my foot in my mouth, but what I am saying is, if we are going to come in there and remodel and refurbish, we need a long term relationship, because we are going to at least have to raise... I don't know, $50,000 or something like that to fix this for an adequate studio. Mr. Plummer: We can't do that. Mayor Suarez: Let's see if we can try to get a consensus on a little longer period of time. Mrs. Kennedy: I would like to see them within 90 days. Mr. Manager... Mr. De Yurre: I think it is immaterial whether it is 90 or 30, when you are making that kind of improvements. Mrs. Kennedy: 90 day revocable permit instead of 30. Mr. De Yurre: I think what they have to understand is, that it is a revocable type of situation, whether it is 30 or 90 days, that they can be asked to leave for... again, I think they have to understand that, you know, we are not going to just ask them to walk out for no reason at all, or for... you know, that could be something very substantial for us to make a move of that nature. Mr. Plummer: You got to be consistent. Mrs. Kennedy: Are we able to give more than 30? Mayor Suarez: The use permit for the senior center out at the park in Flagami? See, they built a whole structure over there, technically. Mr. Odio: 30 days. About $500,000 worth. Mayor Suarez: Technically, they could be evicted with 30 days notice, but I'd vote for a larger one, if you want to try a larger one and see if we get... see, as Commissioner De Yurre said, we don't have any reason for changing our minds, once we have gone ahead and done this, except on a year to year basis, if we want to use that facility for something else, it is conceivable. Mr. Plummer: You can't do it because when you do that, then you have got to go out for competitive bidding. Mayor Suarez: Yes. Mr. Plummer: You've got to let everybody come in then. 88 July 21, 1988 0 9 Mayor Suarez: That's the best we can do. Do you want to try a different period, or do you want to go with 30 days? Let's go, we've got a lot of other items. Mrs. Kennedy: I would like to try for 90 days. Mayor Suarez: We have a motion to approve your use permit with a 90 day recision provision, cancellation. Mr. Plummer: As long as the provision is in there that they fully understand that if the City does call their permit, the City is not obligated, and will not pay a dime for any improvements. Mayor Suarez: Absolutely. Mrs. Kennedy: Correct. Ms. Castellano: No, we planned that the school and the company to... Mayor Suarez: That's not up to you. We are clarifying the terms what we are going to offer you. You can take it or not, as you deem proper. OK, we have a motion. Mr. Plummer: Excuse me, and no sublease. Mayor Suarez: OK, we have a motion and do we have a second? Mr. Plummer: No sublease, or transfer of lease. Ms. Hirai: Yes sir, we do. Mayor Suarez: Sounds like a second to me, right there. Mr. De Yurre: I moved. I just want to make sure you are not going to sell any arts or have any auctions there, right? Ms. Castellano: No, sir. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Ms. Castellano: Just children, we'll sell children. No, I'm joking. Mrs. Kennedy: Say no more, when you are ahead of the game. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-689 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF BALLET CONCERTO COMPANY FOR ISSUANCE OF A ONE-YEAR USE PERMIT, 90-DAY REVOCABLE, FOR A PORTION OF THE CITY BUILDING LOCATED AT 2600 SOUTH BAYSHORE DRIVE, WITH THE FULL UNDERSTANDING THAT THE CITY IS NOT OBLIGATED TO PAY ANY REMUNERATION FOR IMPROVEMENTS MADE, AND THAT THERE SHALL BE NO SUBLEASE OR TRANSFERABILITY OF SAID USE PERMIT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: NO ONE APPEARED FOR AGENDA ITEM C-128. 89 July 21, 1988 0 23. ALLOCATE $675 TO COVER PARK PERMIT AND SNOWMOBILE FEES IN CONNECTION WITH THE "SECOND MERENGUE" FESTIVAL TO BE HELD IN ALLAPATTAH-COMSTOCK PARK. Mayor Suarez: Item 129, Asociacion Comunal Dominicana, Inc. Fee waiver for the use of Comstock Park, August 13th and 14th. Mr. Plummer: We don't have a manager, he quit. Mayor Suarez: What's the usual fee for the use of the park itself, just for the use of the park? Mr. Plummer: Hello, Mr. Manager? Mayor Suarez: The rental fee? Mr. De Yurre: It is my understanding it is an annual event, Mr. Mayor. Mr. Plummer: Hello, Mr. Manager? Mayor Suarez: Comstock Park, what is the usual rental fee, just for the use of the park? That's with the understanding that you are going to have to provide the usual... Mr. Plummer: Item 129. Mayor Suarez: ... police protection, whatever might be needed and... Mr. Plummer: Now, this is just fee waiver for the use of the park, not the police. Mr. Odio: The park is $4,959, and the total cost of what they are asking is $14,600. Mr. Plummer: Wait a minute, how long is it, for two days? And the park is $4,900? Mayor Suarez: How can it be $4,900 for the use of a park? - the rental waiver fee for the use of the park? Mrs. Kennedy: How can it be... Mr. Plummer: How in the hell can... Mrs. Kennedy: How can it be more than the Bayfront Park Amphitheater! Ms. Dianne Johnson: That is not... Mr. Plummer: Would you like to consider the Orange Bowl? It's cheaper! I mean... Ms. Johnson: That is a total figure for Parks and Recreation Department fees. It includes $160 for a park permit, includes $600 for beer permit, includes showmobile rental, concession fees and all of the related expenses in that total. Mayor Suarez: What is the park rental? Ms. Johnson: $159. Mr. Plummer: Ohl Mrs. Kennedy: That's more like it. Mayor Suarez: That is what we waive, always waive that. Mr. Plummer: Yes. 90 July 21, 1988 Mayor Suarez: I entertain a (notion to waive the park rental. Mr. Plummer: So move. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: Call the roll. Mr. De Yurre: Well, OK. Mayor Suarez: Let's get that done because The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-690 THE PARAMETERS OF THE HEREINABOVE MOTION IN CONNECTION WITH WAIVER OF PARK FEES ARE CONTAINED IN RESOLUTION 88-691. SEE HEREINBELOW. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, about the stage? Roy, don't think you, you don't have much yet. Mr. De Yurre: You have only saved $160 bucks. Mayor Suarez: Somebody explain to him what he just got. Apparently he doesn't understand. OK, what about the stage? Ms. Johnson: $200 is the rent. Mayor Suarez: I thought you just said a much bigger figure than that? Mr. Dawkins: Including the labor? Mayor Suarez: OK, the Manager is... Ms. Johnson: No, labor is additional. Mayor Suarez: The Manager is saying Mr. Dawkins: Well, give us a total amount. Ms. Johnson: With labor, we are looking at $275, additional for labor. Mr. Plummer: So that is $475. Ms. Johnson: Pardon me? Mr. Plummer: it is $475 for two days for the stage. Mr. Dawkins: No, $1,000. Mr. Plummer: I'm asking... Ms. Johnson: No, that is for two days. 91 July 21, 1988 Is • Mayor Suarez: OK, I will entertain a (notion on the stage. Mr. De Yurre: Move it. Ms. Johnson: Is this the labor, or just the rent? Mr. Dawkins: Second. Mayor Suarez: The whole thing. Mr. De Yurre: The whole thing. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Somehow, this should be something the Manager should be able to do without the Commissioners. Call the roll, please. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-691 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $675 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUNDS TO COVER PARK PERMIT AND SNOWMOBILE FEES FOR THE SECOND MERENGUE FESTIVAL TO BE CONDUCTED BY THE ASOCIACION COMUNAL DOMINICANA, INC. ON AUGUST 13 AND 14, 1988 IN ALLAPATTAH-COMSTOCK PARK; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: That's it, sin no more! Do you know what it costs to move the stage of the Marine Stadium from one side to other, every time they do it? Mr. Odio: $750. Mr. Plummer: $7501 NOTE FOR THE RECORD: THERE WAS NO APPEARANCE FOR ITEM C-130. 24. REFER TO CITY MANAGER FUNDING REQUEST RECEIVED FROM REPRESENTATIVES OF THE BLACK DESIGNERS FASHION SHOWCASE. Mayor Suarez: Item 131, Wright, Pearcey and Associates, Black Designers Fashion Showcase. Mr. Anthony Baker: My name is Anthony Baker from ABA Production, address is 645 Ives Dairy Road, Suite 315, Miami, 33179. Telephone number is 653-9565. I have a proposal which I hand out to you. What we are trying to produce the Black Designers Showcase here in the City of Miami and our prime objective is to bring all of the black designers to the forefront, we are inviting manufacturers and buyers throughout the southeast region, which are also from 92 July 21, 1988 • 6 the Caribbean islands as well. We are now looking for the City to give us a help in this motion to put this production together. A cost sheet which is in front of you, we are looking for $123,000 to produce this event. What we'll do also is televise this event in black entertainment television as we are going into at least 20,000,000 homes. Mrs. Kennedy: Excuse me, $120,000 is your total budget. How much are you asking of the City? Mr. Baker: Any amount I can get at this time. We have a proposal out to different, other companies, Burger King, but we are talking about maybe $25,000, $30,000 from the City. Mr. Odio: I need to clarify something. This event will not be held in the City of Miami. This is in the Miami Merchandise Mart. Mr. Baker: The function will be held at the Miami Merchandise Mart, because that is the main area that fashion of Miami has been produced over the years. This is where all the buyers and directors do come in to purchase their garments from the Caribbean islands and also from other parts of the world. Mr. Odio: But they are a for profit facility. Mayor Suarez: Is your association or whatever the sponsoring organization, a for profit entity? Mr. Baker: Not this event, no sir. This is a charity event. The proceeds are... Mayor Suarez: Well, the for profit character, or not for profit character is not decided by the event, it is decided by the character of the organization, is that a for... Mr. Baker: The company is a profit organization, but this event is for a nonprofit. It should be going to a charity event, all proceeds, half the expenses will be paid to one of the nonprofit groups. Mr. Plummer: This is definitely something for the Beacon Council. Mayor Suarez: Yes, it sounds like something that you might want to bring up with the Beacon Council, the economic development entity of the County, to which the City in effect participates... yes, that is the word, by the occupational license tax that applies to all City of Miami merchants. We've never funded anything like this, and we probably couldn't under our regulations. You are for profit, you are not doing it in the City and it is not a festival, that we could put in the festival funding process. It is not really a festival per se, it is a trade show and we can't possibly deviate from our rules. But, the Beacon Council, Tom Ferguson is the executive director, you might want to check with him. OK, anything from the Commission on this item? Mr. De Yurre: Yes, maybe you know, he could just get together with Cesar and he can give him so idea as to where he can go. Mayor Suarez: Mr. Manager, would you meet with them and steer him towards the Beacon Council, whoever else, any other trade associations or designers associations that might want to give them a hand in obtaining funding? I would think they could get some private sponsors too. Mrs. Kennedy: Yes, because their whole idea is promote black designers, which is a very good idea. Mayor Suarez: Maybe not to the tune of a hundred... Mr. Odio: We'll be glad to cooperate. Mayor Suarez: Meet with the Manager and see what ideas... but the Commission cannot allocate funds from our general revenues for this. We don't have it, for one thing. Mr. Baker: OK, thank you. 93 July 21, 1988 0 0 Mayor Suarez: Thank you, sir. 25. DISCUSSION AND DEFERRAL OF REQUEST RECEIVED FROM REPRESENTATIVES OF MIAMI CITYFAIR FOR THE USE OF BAYFRONT, THE FEC AND BICENTE!vNIAL PARKS IN CONNECTION WITH SAID EVENT (See label 61). Mayor Suarez: Item 132, Michael Milberg and Robert Sechen. That's what you guys are here for. We are going to make a special mike for you, Bob. Mr. Robert Sechen: Thank you, I would appreciate that. My name is Robert Sechen, I am here representing the Miami Cityfair Corporation, and here to represent a new era of City festivals, festivals that pay their own way. Mr. Plummer: (LAUGHTER) I move to deny! Just what we need, more new festivals! Mr. Sechen: These are ones, Commissioner, that as you talked about in our last marathon meeting here last week, that there are too many that are half being handled in Coconut Grove and there is not enough planning. This is one that is planned for the downtown City of Miami by James E. Strates Company out of Orlando, and Mr. Michael Milberg. This has been endorsed by the Downtown Miami Business Association. This has been endorsed by a number of other people who have been involved in this as we have gone along. The Light Up Miami people we have been working with, they are here to express their support relative to this. Mr. Plummer: Who is the organization putting it on? Mr. Sechen: The organization is Miami Cityfair Corporation. Mr. Plummer: Is it for profit? Mr. Sechen: Yes sir, it is most definitely for profit. The understanding of it is that no City funds will be utilized or are requested. No City waivers are requested, as to any fees and we have agreed with your staff after long negotiations as to fee splitting on all of the events. We believe that it provides a substantial amount of cash flow to the City for its parks and it provides cash flow to the Park Trust. Mr. Plummer: What are you going to pay the City? Mr. Sechen: Mr. Milberg will go through some of our financial things. Let me just tell you a little about the fair and I know there are some other people that would like to. Mr. Plummer: Do we have a budget? Mr. Sechen: We have a full budget as to what... Mr. Plummer: We don't. Mr. Sechen: OK. The Administration has been given a basic budget as to what we are doing. Mr. Plummer: They don't vote! Mr. Sechen: Yes, sir. Mr. Plummer: Do you want them to vote on it, fine, don't bring it up here Mr. Sechen: OK, the... Mr. Plummer: I want to see a budget! Where is the budget? Mr. Sechen: OK, we will make a copy of it right now. Mr. Plummer: It is a hell of a way to do business. 94 July 21, 1988 0 0 Mr. Sechen: The Cityfair is... Mayor Suarez: Well, while you get the budget, how about oi,c impc.iLant element of it? What is the expected revenue to the City? Mr. Plummer: That is what I am going to look at the budget for. Mayor Suarez: I was just thinking one element of the budget that may be easy, I presume the City has that. Right, we know? Mr. Sechen: What did you just talk about? Mayor Suarez: That is a lot simpler. When you say budget, you don't mean a budget for the entire organization, or for the event, or what? Mr. Plummer: No, for this event. Mayor Suarez: I mean, the only thing I am interested in is how much we are going to make. How much your costs are and all of that, is really not... Mr. Michael Milberg: OK, originally we started out on a different long term arrangement. Mayor Suarez: Why don't you give us your name, put it on the record. Mr. Milberg: My name is Michael Milberg, Miami Cityfair. Originally we started out on a longer term deal when Administration was not sure what the intent of the Commission was, we had to do what we are calling a temporary deal for the City, for the first year. That deal will be split into two portions, one going to the Parks Department, and one going to the Park Trust. The deal for the Parks Department is $2,500 minimum guarantee towards final commissions, in which that commission is made up of 10 percent of all the admission, the gate; 15 percent of the rides and 10 percent of the gross concession rentals. Percentages double, the percentages double after the gross revenue exceeds $350,000 until the City receives its $15,000 goal that it is trying to obtain. After the $15,000, the percentages revert back to what I just described, and that is just for the FEC lot. Mayor Suarez: What kinds of events? Mr. Plummer: Well, I can I... Mr. Milberg, what other events have you ever staged, sir? Mr. Milberg: I was chairman of the 1984 Art Deco Weekend in Miami Beach. I was chairman of the All American Weekend, Miami Beach. I was ad hoc chairman to South Point Park committee. Mr. Plummer: But never as a promoter? Have you ever been a promoter? Mr. Milberg: For profit, no. My partner... Mr. Plummer: And what are the assets of this corporation? Mr. Sechen: Mr. Milberg is one of the promoters who is working James E. Strates shows out of Orlando, or ... Mr. Plummer: Is that a carnival? Mr. Sechen: No. James E. Strates shows is a ride and midway company that has done the... Mr. Plummer: It is a carnival. Mr. Sechen: That has produced the Fox Grove Fair, the Broward County Fair, a number of fairs throughout the country and has been in business since 1920. It is a multi... Mr. Plummer: What are the assets of this corporation? Mr. Sechen: It is a multimillion dollar company. We... Mr. Plummer: What are the assets of this corporation? 95 July 21, 1988 1 0 0 Mr. Sechen: The assets of this corporation? Mr. Plummer: Yes, sir. Mr. Sechen: It is a brand new corporation set up for this particular event, backed up by the James E. Strates shows. Mr. Plummer: They are willing to sign on the dotted line for any obligations incurred by this organization? Mr. Sechen: Yes, sir, absolutely. Mr. Plummer: Well, OK, let me just... I've got to put on the record. I don't know that this City really wants a carnival atmosphere in Bicentennial Park. Now, you know... Mr. Sechen: Commissioner, if... Mr. Plummer: It worked good in Watson Island because basically it was isolated over there. It is not in the downtown, but damn, I don't know if I really am ready to see a carnival atmosphere in the front door of this City. Mrs. Kennedy: But this is not a permanent... Mr. Plummer: No, no, I understand it is not permanent. Mr. Sechen: Commissioner, if you would let me... Mrs. Kennedy: It is... Mr. Plummer: Excuse me, excuse me. You know that if this request is granted, it is only going to be the f irst of many, OK? - because this is going to be the opening of the door for many other carnivals that want to exist, and I don't know that I am ready to vote on such, I've got to be honest with you. Now, I've got other questions, you know... Mr. Sechen: Commissioner, can I address that first? Mr. Plummer: Sure. Mr. Sechen: Commissioner, this is not a carnival. Commissioner, if you... Mr. Plummer: Hey, it is carnival rides. Maybe you don't have the darts that you throw at balloons... Mayor Suarez: Why don't you describe what kind of events... Mr. Sechen: Let me describe, Commissioner, what exactly the Miami Cityfair is, and that is what I think is important here. Despite the fact that you have already had rides and things like that in Bicentennial Park in past years, what we had intended to do with Miami Cityfair, Commissioner, is run a number of events simultaneously during the first week of December, when normally there aren't things happening in Miami, and specifically downtown Miami, and during the time when the merchants of downtown have not participated as well as they should in the Christmas rush that starts at that time. We wanted to bring, and create a magnet to bring people downtown and that is why the Merchants' Association is with us, so what we are going to be doing in the downtown, in the entire Bayfront Park area, FEC Bicentennial, we are having a Made In Miami exhibition. The Made in Miami exhibition will showcase over 200 businesses and organizations who have products and services produced and/or given here in Dade County for the community. Mr. Plummer: If they pay for the right to do it. Mr. Sechen: That's correct, or we have given... Mr. Plummer: So you are not really opening it up to what is really made in Miami, you are "Made in Miami" that can afford a concession booth. Mr. Sechen: We are giving away a number of spaces, which we have already agreed to, to the Downtown Development Authority, to Overtown/Park West, to a 96 July 21, 1988 0 9 number of other.., to the Business Association, relative to showing what is available. For instance, the Downtown Business Association was interested in having a job booth, showing what jobs are available, which we have volunteered to give. In addition to the "Made In Miami" exhibition, there is the "Miami Historical Exhibition," which will tell about the Miami past, present and future of this City to give people a historical perspective of Miami, which they don't already have. Mrs. Kennedy: Excuse me Bob, one second. Let me just clarify the record. In Bayfront Park, you will not have the carnival rides, you will have the exhibits. Mr. Sechen: No. That is correct. There will be no rides, and there will not be anything sold in Bayfront Park itself. The... Mr. Plummer: What will you have in Bayfront Park? Mr. Sechen: An exhibit area, essentially for exhibiting those goods and services which are produced here in Miami and that will be part of the Bayfront Park part of the bay walk. In addition, we will have a "Made In Miami Film Exhibit," where we will have a tent, which will show Miami films that have been made here in Miami, to show people and to make people a little more proud of what they have in terms of their City. We also have... we will have some rides, as you have pointed out. We will have a petting zoo, we will have a military equipment exhibit, with a voter registration booth. We will have fireworks in the evening. We will have entertainment which will consist of both free and ticketed entertainment utilizing the amphitheater. We will have other events that are tied into this. The Children's Home Society is doing a Christmas tree, we are working with them. We have agreed to have a date in which they will be the charitable sponsored event, which in Orlando, in the same kind of event, produced about $45,000 to $55,000. We are having our entire week full of things downtown, which should excite people to come downtown, people who haven't particularly been downtown before. We are creating a family event. Mr. Plummer: Tell me again, what do you contemplate paying the City for the use of our facility? Mr. Milberg: The City should make no less than $15,000. Mr. Plummer: Are you guaranteeing that? Mr. Milberg: We are guaranteeing $2,500. We... Mr. Plummer: No, no! Tell me... no, don't tell me the bird in the hand. Tell me what is the minimum guarantee to the City. Mr. Milberg: $2,500. Mr. Plummer: For all that facility, for ten days? Mr. Milberg: No, that is specifically for the Parks Department. We are also offering a deal to the Parks Trust. Mr. Plummer: Oh, no, no, no! You can do that as it relates to Bayfront Park, and that's commendable, OK? Mr. Milberg: Correct. Mr. Plummer: What are you giving the City? Mr. Milberg: For the FEC property, and Bicentennial... Mr. Plummer: And Bicentennial... Mr. Milberg: ... there is $2,500 minimum guarantee... Mr. Plummer: For ten days. Mr. Milberg: Ten days, all expenses for the... 97 July 21, 1988 0 0 Mr. Plummer: Call that guy back from the Dominican Republic. You know, $225 a day is what you are offering us for the use of those facilities? Mr. Milberg: Commissioner, it is my understanding there's never been a guarantee on that property before. Mr. Plummer: It has never been used for ten days for a carnival either! Mr. Milberg: Bicentennial has been. Mr. Plummer: Hey, $225 a day, and you are going to deny the public the access during your period there? Mayor Suarez: Never ten days. Mr. Milberg: No, we are not denying the access. Mr. Plummer: Hey, look, I will tell you what. You want it for that? I want 50 percent of your profits. Mr. Milberg: Profits? Mr. Plummer: Profits. Profit is not a dirty word. Mayor Suarez: When do you need this approved by, assuming the Commission is disposed to approve it? It sounds to me like you ought to go back to the Manager and renegotiate a little bit, Bob. Mr. Plummer: It doesn't sound like there has been any negotiations at all, to me. Mayor Suarez: Well, that is another way to phrase it, yes. Mr. Sechen: Our original offer was... see, when you start to piece these pieces together, of what the costs are Commissioners, and Mr. Mayor, we had originally put on the table... Mr. Plummer: But there is no piecing, Bob, to the property. That's there. Mr. Sechen: Well, the original minimum offer to the City was $30,000 in addition to paying for the police protection, which is necessary, which was about twenty something thousand dollars, in addition to paying various other permitting... Mayor Suarez: You are offering initially a minimum of $30,000? Mr. Sechen: Correct, for a longer term agreement... Mayor Suarez: OK, so I see what you are saying. What you are saying is that... Mr. Sechen: ... because... Mayor Suarez: Well, how much longer? Mr. Milberg: (OFF MIKE) And going to $50,000. Mr. Sechen: And going to $50,000 in year two, and two and on. Mayor Suarez: Well, we are talking one year, though. Mr. Sechen: We had originally proposed, we had originally... Mayor Suarez: How many days was it for $30,000? Mr. Sechen: It was ten days, but we were looking... Mr. Plummer: For ten years. Mr. Sechen: Yes, for a longer period of time, and that is what our concern was. 98 July 21, 1988 0 0 Mr. Plummer: What are you offering the Bayfront Park Trust, minimum guarantee? Mr. Milberg: $2,500 and rights to concessions and they are also having other events at the same time. We are getting a very limited piece of the park in the first year. Commissioner, we are willing to go up in our guarantee. Mr. Plummer: Excuse me, sir. In my estimation, you are not even close. $225 a day is an insultl Mr. Milberg: It wasn't an insult, it was $30,000. Mr. Plummer: Fine, fine, now we are getting there. Mayor Suarez: We took a bigger cut of the gross, is what you were saying. Mr. Sechen: That is right. Commissioner, we... what happened, was... Mrs. Kennedy: The use of the amphitheater... Mr. Plummer: Hey, if you want me to go on gross, you are making me a partner. If you make me a partner, I want 50 percent of your profits. Mayor Suarez: See, that is the problem the Commissioner is having, that we are going to want to have a much higher minimum rent, that is the problem, Bob. Mr. Plummer: That's ridiculous! Mrs. Kennedy: That's right, the use of the amphitheater for a nonprofit organization is $500 a day. Mr. Sechen: Yes, I understand, Commissioner. We estimate, because of the percentages which have been offered us as a result of this, the actual dollars to the City are going to quite phenomenal. The only question... Mr. Plummer: But you are not willing to guarantee it. Mr. Sechen: But we are willing to guarantee it, Commissioner, in the event that we have a guarantee that we will be the only event that will be able to do this for that period of time in December, and that was our only concern. That is the guarantee that we are willing to make, but if in fact, we have... the only thing we have is permission to do it year one, we are saying we are willing to split profits in the same way we were going to do before, but the only thing that did change was the minimum guarantee. What we are asking the Commission to do today, is allow us approval for year one, and then ask us to negotiate with the Manager on a longer term agreement and we willing to say to you now, that if we enter into the long term agreement, we will then increase to the $30,000 minimum, with up to $50,000, and I am sure that the Manager will negotiate for even better deal than that, but we are willing to do that, but we want to be able to start in year one, and then to work out the agreement in the interim. Mr. Plummer: I suggest you talk to Miami Beach. Mr. Sechen: Well, Commissioner, by taking action like that, what you will be doing, the underprivileged children, which we have provided for, to open up the park on day one, we are going to... our charity day for the Children's Home Society, you will receive letters... Mr. Plummer: Hey, don't pull on my heart strings. Mr. Sechen: No, I... Mr. Plummer: OK, if you are going to deny those children, you are going to deny them by not negotiating a good deal with this City, OK? Now, you go tell those children you refused to negotiate a good deal with the City and you tell them that they are not going to show up there because of that reason. Don't come pulling heart strings with me! Mr. Sechen: Commissioner, we are willing to negotiate on a good deal for the City, and we are willing to do it right now. We have been meeting with the 99 July 21, 1988 E 0 City for two months relative to that. The Administration asked us to come here... Mr. Plummer: You started out at $30,000 and negotiations are down to less than $500. Mr. Sechen: The Administration asked us to come here and discuss this with you. The Administration essentially, has through their normal fee procedure, has really already a conceptual agreement with us as to fees. Now, you may not like those fees... Mr. Plummer: You bet! Mayor Suarez: That's the problem and that's the impasse. Mr. Sechen:... and that is really what we have come here for, and that's fine, if it works, and we are willing to talk further on those, but... Mayor Suarez: The only way out of this, unless the Commission wants to override a concern expressed, and I don't think so, that it is just not enough money guaranteed, would be for you to negotiate with them now in the next few hours, and table the item, but right now it doesn't look like it is going to pass, Bob, I've got to tell you that. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Commissioner. Mr. De Yurre: And I think J.L. has said it quite well. I'd like to defer this and let them come back with something better and get together with the City Manager at the next meeting. Mayor Suarez: And it is not... Mr. Sechen: Well, we need to do it... Mrs. Kennedy: Well, go back to the negotiating table. We are going to be here all afternoon, and then... Mr. Sechen: We can do it today, we will do it right now. Mayor Suarez: Yes, it is not your fault, we understand you came with a higher guarantee and so on, but you are going to have to... Mr. Plummer: Let me ask, Mr. Manager... Mr. Manager, forget about this outfit. What is the rental fee of Bicentennial Park and FEC Park, a day? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: What? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: $75 is the rental fee for the total use of Bicentennial Park? Mr. Sechen: That is your ordinance. Mr. Plummer: You know what I am scared to ask the next question? Who the hell sets those fees? - because I am scared the answer is us! Absolutely ludicrous! INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio: Well, we had the... Mayor Suarez: Let me say as a caveat, or a clarification, because by the time they are through adding costs for the use of the park, it ends up being more like thousands of dollars, but we have got 105 parks in the City of Miami, which people want to use for a variety of purposes. Unfortunately, for you, you want to do it, or fortunately for you, I suppose, for a profit, and that is where we have a problem. 100 July 21, 1988 0 0 Mr. Plummer: We can't even process in this City a permit for $75. Favor Suarez: It is never $75, I guarantee. Mr. Sechen: Commissioner, we estimate the total fees to the City, regardless of what you set as minimum, will be in the neighborhood of $58,000. Mr. Plummer: Guarantee it and I will vote for you right now. Mr. Sechen: Of all fees? Mr. Plummer: All fees. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please! Mr. Plummer: Oh, no, no, that is what I am going to get as a minimum guarantee for the use of my park. Mr. Sechen: Well, the $58,000 included police protection, which we requested... Mr. Plummer: Oh, no, no! No, no, no! Mayor Suarez: Commissioner Dawkins. Mr. Kennedy: Joanne knows. Mr. Plummer: You got to be kidding. Mr. Dawkins: What was the... Mr. Sechen: Mr. Mayor, if we could... Mayor Suarez: Wait, wait, Bob. Commissioner Dawkins. Mr. Dawkins: What did I hear about a Christmas tree for the battered children, or something? What was that I heard? Mr. Sechen: The Children's Home Society has asked permission for their Bayfront Park Trust for putting up a Christmas tree in Bayfront Park, during the Christmas season as used as a fund raiser. In conjunction with them, we have agreed that we will allow them to be our charitable event for one day during the running of the Cityfair. Mr. Dawkins: OK, I am going to forget about that. I'm going to forget about that, but later on I am going to be moving that the City of Miami take it upon itself to light the Christmas tree and raise the funds for the Children's Home Society and see if we can't do a little better than the one day graciousness of your heart. Mr. Sechen: Well, no, it was a lot more than one day graciousness, it was about fifty something thousand dollars. Mr. Dawkins: I see one of the best fund-raisers in Miami shaking her head that she will do it. All right, OK, good, so that's done. So now, take the Christmas tree off your list, we got that. Mr. Sechen: OK. Mayor Suarez: OK, we have a motion to... well, let's just table it and see if you can work it out during the rest of today. You are going to tell us that Bayside has strong objections to this? Mr. Ronald Harvey: Not strong objections... Mayor Suarez: Why don't you put your name on the record, Mr. Harvey. Mr. Harvey: I am Ronald Harvey, the assistant manager of Bayside Marketplace, and I was here to represent the tenants of the Bayside Marketplace. Our concern is not to stop any type of festivity that would profit for the City 101 July 21, 1988 0 0 and ourselves and the downtown area. In this case however, we felt the timing was wrong and that the organization of the whole affair was not together and that +►ai• •• —, t^ this type of event and that they did not bring forth when we met with them, the proper system that they were going to put together for this event. We thought it was not well planned, and we didn't want anything to happen in the downtown area to hurt the image that we have just gotten back for our downtown, and that was our biggest concern in terms of the merchants. Mayor Suarez: OK, we will note the comments. AT THIS POINT THIS ITEM WAS TABLED. NOTE FOR THE RECORD: COMMISSIONER DAWKINS REPORTED THAT ITEM C- 133 HAS BEEN RESOLVED. 26. (CONTINUED DISCUSSION) PROVIDE FOR SPECIAL MEETING TO BE HELD AUGUST 8, 1988, TO CONSIDER TWO ORDINANCES IN CONNECTION WITH. PROPOSED PURCHASE OR CONSTRUCTION OF MAJOR LEAGUE BASEBALL STADIUM AND SPECIAL ELECTION WITH RESPECT TO SAME. (See label 21) ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor, I think we can set the date for the second hearing. Mayor Suarez: The date? OK, what do you have, August 8th? Mr. De Yurre: Rosario says she is free the 8th. Mayor Suarez: Is that all right with you? What time do you want to make it, in the morning? Mr. De Yurre: Any time, I don't care. Mayor Suarez: 11:00 a.m.? Mr. Dawkins: It doesn't matter to me. Mr. De Yurre: That's fine with me. Mrs. Kennedy: That's fine with me. Mayor Suarez: I entertain a motion, August Sth, 11 a.m. for the special Commission meeting on the issue of the second reading of the ballot question. Mrs. Kennedy: So moved. Mr. De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-692 A MOTION CALLING AND PROVIDING FOR A SPECIAL CITY COMMISSION MEETING TO BE HELD ON AUGUST 8, 1988 AT 11:00 A.M. FOR THE PURPOSE OF CONSIDERING TWO PROPOSED ORDINANCES ON SECOND HEARING IN CONNECTION WITH: (1) ISSUANCE OF $80,000,000 GENERAL OBLIGATION BONDS FOR CONSTRUCTION OF A MAJOR LEAGUE BASEBALL STADIUM AND RELATED FACILITIES, AND (2) AUTHORIZING A SPECIAL ELECTION ON OCTOBER 4, 1988 WITH RESPECT TO SAME. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 102 July 21, 1988 I 40 0 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice !Mayo, ;<u-a, Lu Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Mr. Plummer: Even though I voted negative, mine was against the precedent setting of meeting in August. Mr. City Attorney, the second reading on August 8th... Mr. Fernandez: Yes. Mr. Plummer: ... does not become effective until September 8th, 30 days later. Is that going to qualify it for October? I don't believe so. Mr. Fernandez: No, no, it will, because of this being a bond issue, it will. Mr. Plummer: OK, as long as you say it will. Mr. Fernandez: Yes. Mr. Plummer: OK. 27. A. RECONSIDER PRIOR VOTE ON CONSTRUCTION AND DEVELOPMENT OF OFFICE BUILDING OWNED BY THE CITY AND LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATION (EMERGENCY ORDINANCE). B. EMERGENCY ORDINANCE: PROVIDE FOR ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF OFFICE BUILDING OWNED BY THE CITY AND LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATIONS - AUTHORIZE ISSUANCE OF $30,000,000 OF RENTAL REVENUE BONDS, SERIES 1988, ETC. (SEE LABEL 7). Mr. Dawkins: Mr. Mayor. Mayor Suarez: Commissioner. Mr. Dawkins: I'd like to revisit the GSA question in that I've been told by staff that in the event that we don't go with this now, there's a possibility that we're going to lose it and we've already signed papers and sent them to Washington and I'd hate to have the new President of the United States, Michael Dukakis, looking at me saying, I don't keep my word. Mr. De Yurre: You won't have to worry about that. Mrs. Kennedy: Paid political ad. Mr. Dawkins: So, I would like to... Mr. Fernandez: That's by way of a motion to reconsider. Mayor Suarez: Yes, let's have a motion to reconsider who the next President of the United States is going to be. No, the item we voted on. Do we have a second? Mrs. Kennedy: Second. Mr. De Yurre: Second. Mayor Suarez: Call the roll on the motion to reconsider. 103 July 21, 1988 a 0 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-693 A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM NO. 11 (ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF OFFICE BUILDING TO BE OWNED BY THE CITY AND LEASED TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION, AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $30 MILLION IN PRINCIPAL AMOUNT OF CITY RENTAL REVENUE BONDS TO FINANCE THE COST THEREOF). NOTE: This item was immediately thereafter passed as presented on the agenda as an Emergency Ordinance (E.O. No. 10464.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Mayor Suarez: You're not going to vote to even reconsider it? Mr. Plummer: I don't want to reconsider it because I think we made them a hell of a deal. Mayor Suarez: I'm sorry I asked, OK. Mr. Dawkins: Did it carry? Mayor Suarez: Yes, it did, it did. Mr. Dawkins: OK. All right, I agree that they should not get the building 70 years free but we, again, as J.L. just pointed out, when we give a feel for $75 that sometime we really don't follow through. So now, we negotiated this deal and nobody thought that we were giving the land away free for 70 years. We did that. So now, what we need to do is go through with it and hope that whoever is sitting here thirty years from today can negotiate a better deal and whoever is over the GSA for the federal government will be receptive... Mr. Plummer: But you're losing that right. Mr. Dawkins: ... to renegotiating. Mr. Plummer: That's what we voted on. Mr. Dawkins: No. Mr. Fernandez: Yes. Mrs. Kennedy (OFF MIKE): What is it? Mr. Plummer: Yes, it's exactly. Now, what they're asking is, is to take out, at the end of the 30 years, the renegotiation. That's what they're asking us to take out, it was your suggestion. Mr. Dawkins: Where's Herb Bailey? Mr. Fernandez: No, well... Mayor Suarez: What do we have to take out of the prior motion so that... Mr. Dawkins: Here's a gent... what do we have to do in order to make this fly, sir? 104 July 21, 1988 0 0 Mr. McGuire: I'm sorry, say that again. Mr. Dawkins: What do we have to do tc -ake _:;is fly? Mr. McGuire: I think to pass on the motion today for the... Mrs. Kennedy: We did it already. Mr. McGuire: ... as it was presented. Now, Commissioner Plummer brought up that he'd like to reopen the negotiations on the lease contract... Mr. Plummer: It was your suggestion. Mr. McGuire: And the federal acquisition regs basically say that if we negotiate away a benefit that we've negotiated originally, we receive compensation for that but the thing is the City is not going to be receiving a profit from this project. Therefore, it's very difficult for us to turn around and ask you to pay us for something that you're not making any money on. But, you know, the way we see it is, we've got a deal... Mr. Dawkins: Now wait a minute, hold it now. Mr. McGuire: Yes, sir. Mr. Dawkins: Give it to me in plain English... Mr. McGuire: Plain English. Mr. Dawkins: ... now you see I don't understand where we're headed so just tell me in plain down-to-earth English what we are and what we can do in order to pass this and what the federal government want. Mr. McGuire: Well, I think we've got what we want. Mr. Dawkins: OK. Mr. McGuire: Is a lease agreement with the City of Miami. Mr. Dawkins: OK and... Mr. McGuire: And now we're at this form today is to get the authority to go for bond validation. Mr. Dawkins: OK, now the bond - OK, that's where I need Herb - the bond validation, I understand, cannot go forward unless we take out the renegotiation. Mr. Plummer: Renegotiation at 30... Mr. Fernandez: Exactly. Mr. Odio: That's correct, Commissioner. Mr. McGuire: That's correct. Mr. Odio: That's what we've been... Mr. McGuire: Because we're not willing - we're basically.... Mr. Dawkins: So, if we... Mayor Suarez: So what happens... Mr. Dawkins: No, wait... I got to sell a bond before I can even do a building. Mayor Suarez: Right. Mr. Dawkins: OK. So Herb, where are we with the bond... Mr. Bailey: Validation? 105 July 21, 1988 Mr. Dawkins: ... validation. Mr. Bailey: Well, the action you passed today, -we're nowhere. We cannot go forward with it. Mayor Suarez: Because we have to change the lease. Mr. Bailey: Because the lease will not support what we asking developers to do. Mayor Suarez: OK, let me... Mr. Plummer: You see, that's what doesn't make any sense. If that building after 30 years is free and clear, debt free, what is the concern about the last 40? Mayor Suarez: OK, that was going to be my question. Mr. Bailey: Well, the... Mayor Suarez: What happens, Herb, onto the existing lease at the end of 30 years that creates a problem that we even have to get into? Mr. Bailey: Well, the validation document that we have to argue before the hearing as a release to getting the bonds validated also has attached with it a lease that has been negotiated and approved by the two bodies that supports the validation of the bonds. And that language is there and it's very clear. Mr. Plummer: Why? Mayor Suarez: And it's a 30 year lease. Mr. Fernandez: No, no, no. Mr. Bailey: But now - well, it's a 30 year lease plus the option to renew for the next two 20 years. Mayor Suarez: At what terms? Mr. Plummer: But the bonds are only predicated on the debt. The debt is over in 30 years. Mayor Suarez: But the lease has been signed and otherwise we can't change it. But let me just ask a couple of questions because I don't know what practical significance this has. It's renewed for 20 years after that, or it's renewable... Mr. Plummer: Forty. Mayor Suarez: ... at what terms? Mr. Plummer: Forty. Mayor Suarez: I think he said twenty just now. Mr. Dawkins (OFF MIKE): That's right. Mr. Plummer: No terms. Mr. Bailey: I'm sorry... Mr. Fernandez: Only for liability insurance paid to the City. There is a fully executed... Mayor Suarez: Oh, I see and so it is specified in there that they only pay the cost at that point. Mr. Fernandez: Yes. Mr. Bailey: Yes. 106 July 21, 1988 S s a Mr. Plummer: Maintenance and insurance, that's all they'll pay for forty years. Mr. Fernandez: This was a fully negotiated agreement between the City, both administration with the law department's input... Mr. Plummer: Jorge, you've said that three times and we admit we made a mistake. Mr. Fernandez: But unilaterally, we cannot change that ourselves and we cannot - we are really jeopardizing the validation of this bond by us placing this condition on it unless GSA voluntarily wishes to acknowledge that... Mr. Dawkins: Can I do this... Mr. Plummer: And I think they need to think about the month of August. Mr. Dawkins: OK, can I do this? Well now, fellow Commissioners, hear me, can we pass on the validation of the bonds and get the bonds in place and if you cannot negotiate a deal, don't build a building, but let's get the bonds. Mayor Suarez: I have no problem voting on it at all. I mean, I think if it's been negotiated... Mr. Fernandez: But the issue is that... Mayor Suarez: Wait, wait, wait, wait.. Mr. Fernandez: I'm sorry. Mayor Suarez: If it's a negotiated deal, I would vote for it either way. I would vote for the validation of the bonds, I would vote for the 30 year deal that we made with you and afterwards you pay cost basically. That's fine with me, but, I don't know. Mr. Fernandez: What stands behind... Mayor Suarez: We don't have four votes to do that, we can't do it on an emergency basis. Mr. Fernandez: Sorry, Mr. Mayor, what... Mr. De Yurre: Let me ask a question. Did we, this Commission, approve that lease? Mr. Bailey: Yes. Mr. Fernandez: Yes, sir. Mr. De Yurre: And we were made aware of all of the... Mr. Dawkins (OFF MIKE): We didn't ask. Mr. De Yurre: ... we didn't ask. Mr. Plummer: That's right. That's right and they didn't inform us. Mayor Suarez: The thing is, after 30 years the capital costs have been absorbed, I mean, have been paid for is what... Mr. Bailey: Commissioner, may I.. I'm sorry. Mr. De Yurre: OK, well, the thing is then, it's the Commission's fault for being where we're at. OK? Mr. Fernandez: No. What stands... Mr. De Yurre: So, you know.. Mr. Fernandez: What stands behind the bond is the lease because that's the guarantee... 107 July 21, 1988 1 Mr. De Yurre: Wait a minute... Mr. Fernandez: I'm sorry. Mr. De Yurre: Wait, forget about it. You know, we have to bite the bullet, let's hope we learn from this. I'll change my vote and let's go. Mr. Plummer: I'm not ready to bite the bullet. I think they need time to think about it. I cannot envision voting for something to give them a 40 additional years at no cost. Mr. De Yurre: Don't they have it already? Mr. Plummer: No, well, no... Mr. Fernandez: Yes. Mr. Plummer: ... because we haven't approved the bonds. Mayor Suarez: Well, we approved the lease. Mr. Plummer: Without the bonds, they don't have a lease. Mayor Suarez: We approved the lease. Mr. McGuire: Can I make one... Mr. Plummer: Sure, please. Mr. McGuire: OK, I think the intent was to build a federal building in Miami to support the law enforcement agencies. I think the means of doing that is evidenced by the lease contract. I think the intent was, in federal ownership, we'll be buying and building the building ourselves. We're using the City as a conduit of developing the - acquiring the property... Mayor Suarez: And once again, there is no risk to us, right? Mr. Plummer: That's for the first 30 years. Mr. McGuire: That's correct. Mayor Suarez: And there is no risk to us on the capital side afterwards. After 30 years you pay maintenance. I'm satisfied with it. We've gone through this five times. Commissioners, unless you've got something else, I think we ought to just go ahead and move on it. Mrs. Kennedy: I'm satisfied. Mr. Plummer: I can't vote for it. Mr. Dawkins: OK, I move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any further discussion? Read the ordinance once again. Mr. Fernandez: All right. Mayor Suarez: Call the roll. 108 July 21, 1988 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF AN OFFICE BUILDING TO BE OWNED BY THE CITY AND LEASED TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED THIRTY MILLION DOLLARS ($30,000,000) IN PRINCIPAL AMOUNT OF THE CITY'S RENTAL REVENUE BONDS, SERIES 1988, TO FINANCE THE COST THEREOF; PROVIDING FOR THE REPAYMENT OF SAID BONDS FROM REVENUES DERIVED BY THE CITY UNDER THE LEASE OF THE BUILDING; RATIFYING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND THE GENERAL SERVICES ADMINISTRATION; AUTHORIZING VALIDATION OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Kennedy, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10464. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING FIRST ROLL CALL: Mr. Plummer: In effect what you're doing for 40 years, at $10.00 a square foot of today's rates, and that's very cheap, you are donating - donating to the federal government two and a half million dollars a year. How, in God's name, can this City afford to donate to the federal government7 Mr. Odio: I'd like to... Mr. Plummer: Now, I'm sorry, it is absolutely crazy. We made a mistake and the time to correct it is now! Now, I'm saying that this, in my estimation, is a rip off of the City. Two hundred and fifty thousand square feet at $10.00 a year is two and a half million dollars and they are going to get that absolutely scot free. I cannot, under any circumstances, vote for it. No. (Applause) Mr. De Yurre: Hold it, Mr. City Attorney, do we legally, are we bound by this or not? Legally? Mr. Fernandez: Yes, we are. i 109 July 21, 1988 a a Mr. Plummer: No, no, excuse me, you're legally bound by the lease if the bonds are sold. The action of today is to sell the bonds. I am saying to you that we need time to think about it. Not from this morning, two hours later them standing their ground and saying, no, we won't renegotiate. Mr. Dawkins: You know, it's... Mr. Plummer: Now, what negotiation could take place in two hours? Mr. Dawkins: It's amazing how happy everyone is after decisions are made and they're found that they're wrong. I've sat here ever since I've been here asking that everybody in the City of Miami help me redevelop downtown and Overtown Park/West. Nobody comes forward to do anything or build anything in that area by everybody saying that it's a dead area, it's unsafe, it's this and it's the other. Now, now comes along the federal government and says, "I will attempt to help you redevelop the area." We will put a federal court house, for the lack of a better word, in the area so that it will draw other development in and around it. They also assured me that they would put two catwalks, from one building to the federal court house, to ensure that the criminals never hit the streets. They would go from one building to the court house, down one cat walk and go back. Now, all of a sudden, we've got this, we made a mistake and I, for one, I agree with J.L. in total. I am tired of putting non tax paying entities in the City of Miami. But I cannot sit here and vote for something and then find out I made a mistake and then deny the whole thing. Yes, it looks good and some of the people will say that it's good for you to change your mind after you made a mistake, but as Commissioner have said, we have to bite the bullet and say, I made a mistake that time and I assure you we won't do it again. I have to vote yes. Mrs. Kennedy: Is this costing the City any money? Mr. Bailey: None. Mr. Plummer: Well, excuse me... Mr. De Yurre: Well, it's costing us in the man hours that we got to put into this. Mr. Plummer: Yes, plus the loss of revenue after the 30 years. Mrs. Kennedy: The loss of revenue. Mr. Plummer: Yes. Mrs. Kennedy: But they are building the whole thing. They are paying for it. Mayor Suarez: No, you'd only lose revenue if you have invested in a capital portion of a structure. You don't lose revenue otherwise. Mr. Bailey: You know, and Commissioner, we spend a lot of time everyday trying to figure out ways in which we can strategize development downtown. This is just another one of the efforts that we normally undertake everyday. Mr. Plummer: Are these GO bonds or revenue bonds? Mr. Bailey: They'll be revenue bonds and taxable bonds. Mayor Suarez: OK. Mr. Plummer: General obligation bonds. Mr. Bailey: No, revenue bonds. Mayor Suarez: Revenue bonds. Mr. Bailey: Revenue bonds... Mr. Plummer: Revenue bonds predicated on their revenue. Mr. Bailey: ... predicated on a revenue and they are taxable. And they're not — yes. 110 July 21, 1988 Mayor Suarez: And buttressed by the only thing that is more certain than anything else which is federal revenues. If the federal government's not around then we won't be able to pay the bond holders. Mr. Bailey: They have agreed that, in the event - any eventualities, the federal government will make good on this obligation. That's a part of the agreement. Mayor Suarez: Please finish the roll call. COMMENTS MADE DURING SECOND ROLL CALL: Mr. Plummer: I ask that the emergency be defined. There's been no justification for an emergency. Mayor Suarez: Please justify the emergency. Mr. Fernandez: The emergency, the reason this is being adopted as an emergency is to initiate the bond validation process in July of '88 so that it may be completed by October of 188 prior to the scheduled issuance of a request for proposal for the development of the federal law enforcement building. As you know, tomorrow we will be receiving the RFQ which some... Mayor Suarez: Let me add into the record too as a reason for that to clarify all of the reasons stated by the U.S. Attorney why the building is needed. The quicker, the better. Mr. Fernandez: And also in the body of the ordinance that we have passed, there is a paragraph n that, if necessary, I'll read into the record, Mr. Mayor or Mr. Plummer to satisfy that an emergency exists with respect to the adoption of this ordinance and that in order to proceed forward with the issuance of the bonds and the construction of the building in as rapid a fashion as possible, thereby more quickly accomplishing the public purposes and benefits described above and stated here this morning and also to comply with the request from GSA for the construction of the building to be accomplished as soon as possible, it is necessary that the City institute proceedings to validate the bonds and issue the bonds at as early a date as possible. The City Commission of the City by adoption of this ordinance by at least 4/5ths votes thereby waives all notice requirements for the regular enactment of municipal... Mr. Plummer: Mr. Manager, how long you been working on this project? Mr. Odio: At least two years. Mr. Plummer: Two years. Mr. Odio: Yes. Mr. Plummer: And suddenly, overnight, we realized we had to float bonds and that's the emergency. Mr. Odio: No, sir... Mr. Plummer: If you can justify that in court, you're a better attorney than I think you are. Mr. Odio: Well, I think the U.S. Attorney was clear and that the safety of his attorneys is at stake, that it is a public need and... Mr. Plummer: You've known about it for two years. Mr. Odio: No, we didn't, you asked me how long we've been working on the project and I said, two years. We had only bring - OK. Mr. Plummer: You knew for two years you had to float bonds. AT THIS POINT, THE ROLL CALL WAS CONTINUED AND CONCLUDED. Mayor Suarez: Yes, and let me just say from what I perceive, this is no different from the federal government building in itself. It's at their risk ill July 21, 1988 and they have paid up at the end of 30 years, the full capital cost of the project so after that, they pay maintenance and, of course, we get no taxes either way because it is a federal facility but we're happy to have it for development reasons as stated by Commissioner Dawkins. ------------------------------------------------------------------------------ 28. (CONTINUED DISCUSSION) USE OF SOLID WASTE DUMPSTERS FOR COMMERCIAL ACCOUNTS (SEE LABELS 9 AND 30). Mayor Suarez: Next item. Mr. Dawkins: No, I got - bring back... Mayor Suarez: Commissioner. Mr. Dawkins: Bring back the dumpsters, they were going to tell us why they cost what they cost, please, sir. Mayor Suarez: Madam City Clerk, you told me on the dumpsters that that was never put to a vote? Ms. Hirai: That is correct, Mr. Mayor, it was a direction to the administration. Mr. Plummer: No, you tabled it. Mayor Suarez: OK, if there is a vote, I must abstain at this point for reasons of my law firm representing the association in some matters; the association of people who collect solid waste... Mr. Plummer: It's not an item on the agenda, I had asked... Mayor Suarez: ... whatever the correct term is and apparently they're not too excited with this particular... Mr. Plummer: I had asked about the guarantee, that was the reason for the deferment. Mr. Dawkins: Um hum. Mr. Ron Williams: Commissioner, in response to that question, the specifications did not provide for any particular detailed time period as it relates to warranty period. Thus, the recommended vendor with the 90 days warranty does meet the specifications. Taking that in consideration and the variance in price between the low bidder and the next low bidder, that does indicate a one year warranty on their bid submittal. We're recommending that the bid be awarded as recommended. Mr. Dawkins: Mr. Williams, would you say that the 30 day warranty with the possibility of them breaking down, we'd spend more money than what the second bid would cost us? OK, that's... Mr. Williams: I don't think so, Commissioner, if I understand your question. Mr. Dawkins: OK, that's OK, Mr. Manager, how many dumpsters you said you're going to have immediately? Mr. Odio: We're going to have 15 in the yard at all times. Mr. Dawkins: All right, fifteen. And how many roll offs you going to have me? Mr. Odio (OFF MIKE): Roll offs, what is... about twenty. Mr. Dawkins: So you're going to - so, you're bringing together 20 roll offs and 15 of the... Mr. Odio: Yes, sir. 112 July 21, 1988 0 Mr. Dawkins: ...the other ones be available. L_.. Vuiu (OFF MIKE): Yes. Mr. Plummer: What is our net revenue right now out of commercial accounts? Mr. Odio: I'll have to look in the - I know that we need to - we would have to sell about 3,000 accounts... Mr. Plummer: How many do we have? Mr. Odio: Let me check. Mr. Plummer: Three thousand accounts and you're only ordering 1,000 dumpsters? Mr. Carlos Smith: Commissioner, we did an analysis of the routes which are strictly bin routes, commercial accounts. Some of the smaller commercial accounts are picked up by the regular residential routes. There are six routes that only pick up dumpsters. Of those, we pick up 399 accounts that pay the City for the services. Some of the other City facilities, so we did not include those on the revenue. Mr. Plummer: Well, my question is easy. Mr. Smith: The net income from those is two hundred and seventy-five... I have to clarify the net income. Mr. Dawkins: Let me get this, J.L. Mr. Manager. Mr. Odio (OFF MIKE): Yes, sir. Mr. Dawkins: Are you telling me that you're going to have a thousand dumpsters available at all times? Is that what you're... because that's not... Mr. Odio: Yes, sir. Mr. Dawkins: ... what Mr. Smith is saying. Mr. Odio: No, he's not saying anything about dumpster. He was asked a question of how many accounts we have... Mr. Dawkins: And then he went to tell you about how many dumpsters he has on hand. Not, I mean... Mr. Odio: No, sir, he said he had 399 accounts of which he'd received revenues of $275,000. Mr. Smith: After you deduct the payment for the Dade County scale fees, what we have remaining is an average of $275 to pay for the direct and indirect operating expenses of... Mr. Plummer: Now, my question again. What is the net loss or gain of the commercial accounts? Mr. Smith: The loss of those six routes right now is approximately a million and a half. Mr. Plummer: We're losing a million and a half dollars... Mr. Smith: That is correct, let me... Mr. Plummer: ... for commercial account and since we lost - at 300 accounts we've lost a million and a half, we're going to go to a thousand accounts, which means we'll lose how much? Mr. Odio: No. Mr. Smith: No, the... what we are trying to do is to increase the volume of commercial accounts with the same number of routes and the same number of people to lower our losses. 113 July 21, 1988 Mr. Plummer: How many accounts will it take you to break even? Mr. Smith: At $275, close to 3000 accounts. Mr. Plummer: Three thousand. Mr. Smith: That's correct. Mr. Plummer: And you now have how many? Mr. Smith: Three hundred and ninety-nine. Mr. Plummer: Where did you learn business? No, I'm asking, don't stand there with that... Mr. Smith: No, he said I should say Eastern but that's not... Mrs. Kennedy: No, that's not a good example. Mr. Smith: That's not a good example. Mr. Plummer: I'm asking the question, how do you ever even expect to break even? Mr. Smith: There is two choices, Commissioner, there are two choices we have. Either we get out of the business or we try to decrease our losses. Mr. Plummer: Yes, but if you've only got... Mr. Dawkins: What you mean, there no try, you've been directed to, you know, this is why... Mr. Odio: That's... Mr. Dawkins: Now you see, this is why I'm angry with you, you see? You put people up there who don't give a damn, who are not trying. Instead of this man saying, I am going to go get 300 accounts, he says, we must or if we don't, we will... Mr. Odio: I think you're not listening... Mr. Dawkins: If you don't have anybody... Mr. Odio: 1 don't think you're listening to him, Commissioner. Mr. Dawkins: Beg pardon? Mr. Odio: I don't think you're listening to him. Mr. Dawkins: I'm listening to him! Mr. Odio: Commissioner Plummer is picking on him because we don't have enough account... Mr. Dawkins: No, no, no, no, no, he's not picking on... Mr. Plummer: Because I ask questions I'm picking on him? Mr. Odio: Sir, you told him that we don't know how to do business. Mr. Plummer: Sir. Mr. Odio: This man is following a direct order to go out and sell more commercial accounts. Mr. Plummer: Sir, I am sorry if asking questions it is deemed picking on him. Mr. De Yurre: You've got - J.L.... Mr. Plummer: I am saying to you that I am inquiring about a million and a half dollar loss. Now, if that's picking, you damn right I'm going to pick! 114 July 21, 1988 a Mr. Odio: He's trying to answer the question and he's also following orders! Mr. Plummer: Sir. I will inquire as long as the Mayor doesn't rule me out of order and I think a million and a half dollar loss a year is worth inquiring! Mr. Odio: Fine. Mr. Plummer: Now, if you don't, then I need to be gone! Mayor Suarez: Please. Mr. Odio: Fine. Fine, Commissioner, you're entitled to ask. Mayor Suarez: Why don't we all just sort of tone down and please ask... Mr. Odio: But he's saying one... Mayor Suarez: questions without alluding to the competency of anyone here. Mr. Odio: ... the Commissioner Dawkins is saying one thing and you're saying another one. Mr. Plummer: I have asked a question and I will pursue it as long as the Mayor lets me, OK? Mr. De Yurre: You know, J.L., you've got an attitude problem. Mr. Plummer: See, let me tell you, you see this thing here, you want to know one of the reasons that the sanitation department's in trouble, look at this. For two years, they've been sending me a bill for a business that I sold two years ago. I've written them letters, I've sent these things back to them and still they're sending me a bill and I haven't owned this piece of property in two years. And you wonder why there's a problem? I mean, does that make good business sense to you? It doesn't to me. Now, Mr. Abraham, I'll give you this, sir. Mr. Joseph Ingraham: Ingraham. Mr. Plummer: Ingraham, sir. Mr. Ingraham: Thank you, sir. Mr. Plummer: I'll give this to you. Mr. Ingraham: All right, that billing is handled by the finance department. Mr. Plummer: Everybody else's problem but the one I'm talking to. Mr. Ingraham: The solid waste department does not handle collection of finances for the City. Mayor Suarez: Please, Mr. Manager, refer that to the finance department director who happens to be back there and let's get that over with. Mr. Plummer: Please tell him, don't send me any more. Mayor Suarez: Mr. finance director, while you're at that try to see if my name can be spelled correctly when I get notices. Mr. Plummer: He's doing you a favor. Now, let's get to the meat of the subject. We're losing a million and a half dollars right now on 300 accounts. Am I correct? Did I understand that correctly? All right. We are now proposing to buy a thousand more dumpsters. All right. What is anticipated projected revenue, loss or gain, with a thousand dumpsters, when Mr. Smith is saying that we need 3000 to break even? Is that a correct statement? Mr. Odio: That is a correct statement. Mr. Plummer: All right, what is the projected - obviously, we're only ordering a thousand, we're not ordering what it's going to take to break even.. 115 July 21, 1988 Mr. Odio: We do not need to spend, as a good business sense, that do not buy 3000 containers when we don't know if we can sell 3000 businesses. So we're only buying what we can use right now. If we increase the business, then we'll buy some more. The containers are not going to limit the amount of business we can get. Mrs. Kennedy: Right. Mr. Plummer: I guess my real question and my bottom line, are we smart to try to pursue in competition with the private sector? That's all I'm asking. Mr. Odio: I was directed to pursue commercial accounts and that's what we're going to do. Unless I'm ordered different by this Commission. Mr. Plummer: OK. Mrs. Kennedy: OK and then following... Mr. Dawkins: OK, well hold it, hold it, hold it, right... Mrs. Kennedy: ... following along those lines to answer Commissioner Plummer, what is the projected loss or gain with a thousand? Mr. Smith: The average of those 399 accounts of revenue is approximately $900 a year. Mr. Plummer: Yes, but that's not, that's look... Mrs. Kennedy: No. Mr. Plummer: ... please, don't play semantics with me, Carlos. That's what you project as a total revenue... Mr. Smith: Per account. Mr. Plummer: ... but you're also readily admitting that that nine hundred - those 300 accounts are losing us a million and a half a year, is that correct? Mr. Smith: That's correct, but if I don't increase my routes and I don't increase my manpower, I should be eat up on that loss. And that's what we're trying to do is trying to eat up on the loss. Mr. Plummer: Well, you cannot convince me and I don't think anybody else on this Commission that when you go to a thousand containers that you're not going to need more manpower and more equipment beside the dumpsters. Mr. Odio: The instructions are to increase the... Mr. Plummer: Well, are you willing to put that on the record? Mr. Odio: I am willing to put it on the record that we're going to increase the business without increasing manpower and trucks. Mr. Ingraham: That correct, sir. Mr. Plummer: God bless you. Mrs. Kennedy: OK. Mr. Plummer: So that will be a third of the way to breaking even. Mayor Suarez: Commissioner Dawkins, anything else? Mr. Dawkins (OFF MIKE): No. Mayor Suarez: OK, is there a motion or is there anything requested at this point? Mr. Dawkins (OFF MIKE): No, they're just going to buy... Mayor Suarez: Just instructions, right? 116 July 21, 1988 f Mr. Dawkins (OFF AND ON MIKE): Um hum, instructions. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 29. MANUEL ARTIME FACILITY RENOVATIONS - BRIEF DISCUSSION AND TEMPORARY DEFERRAL (SEE LABEL 70). Mr. Dawkins: The other thing is, on the center on - what's the name of that center - the center on Flagler Street... Mr. Odio: Artime. Mr. Dawkins: OK, we need to pass a motion so that they can begin to make the renovations and I think - do you want to explain why we need to do that now, Mr. Manager, please. Mr. Odio: We need to spend the funds allocated to us from the federal government - from the state, I'm sorry, from the last year's budget and this year, so that we don't lose this and we also need $200,000 more for next year in order for us to justify the request for another $200,000, we need... Mayor Suarez: You're talking about the Artime Center renovation? Mayor Suarez: Artime Center, yes. Mr. Odio: We need to... AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. ------------------------------------------------------------------------------ 30. (CONTINUED DISCUSSION) A. ACCEPT BIDS FROM (a) STAR EQUIPMENT MANUFACTURING, AND (b) HESCO/U.S. CONTAINERS FOR FURNISHING 1,000 DUMPSTERS TO DEPARTMENT OF SOLID WASTE. B. REQUEST ADMINISTRATION TO INFORM COMMISSION ON MONTHLY BASIS AS TO NUMBER OF COMMERCIAL ACCOUNTS OBTAINED AS RESULT OF PURCHASE OF DUMPSTERS. Mr. Plummer: Excuse me, excuse me, I'm losing something, did we vote on the dumpsters? Mrs. Kennedy (OFF MIKE): No. Mr. Ingraham: That's - you need to, as a matter of correction, Mr. Mayor, pass a motion so that the bids can be accepted so that we can acquire... Mayor Suarez: OK, Madam Vice Mayor, would you chair the meeting and I'll abstain? Mrs. Kennedy: Sure. Is there a motion? Mr. Dawkins: Move. Mrs. Kennedy: Is there a second? Mr. Plummer: I'm still concerned about the warranty, OK, I'm willing to let you try but the warranty for only 30 days on the casters and knowing how the hell they get knocked around, I don't think 30 days is... Mr. Ingraham: Mr. Plummer, Commissioner Plummer, we've had more than 30 days success. We're using them and they're pretty much the standard now on the dumpsters. Within the 90 day period, you have an opportunity under any of these vendors to have those items replaced if they're not what they should be up to standard. But we haven't had any problem yet as far as the 30 days are concerned. 117 July 21, 1988 0 0 Mr. Plummer: Well, is there some way that could take a hundred of them and try, is that what you're planning on doing, uuyA',,b a &,_,dLCu at a time? Mr. Ingraham: Yes, we're only taking them out as needed. We're not getting a thousand on the ground but we have an open P. 0. to get them as needed. If there's any problem, they're returned to the vendor. That's the standard that we utilize. Mr. Plummer: And this is actually a one year operational cost... Mr. Ingraham: Yes, it is. Mr. Plummer: And if you don't use a thousand, then you'd have to come back on a new bid. Mr. Ingraham: The limit is up to a thousand, that's correct. We can't go over that. Mr. Plummer: Up to a twelve month period. Mr. Ingraham: Yes, sir. Mr. De Yurre: Let me ask a question. On those leases, if the client decides that after three months, they don't want our service any more, can we just go back and return it to the leasing company or are we committed for a period of time once we lease one of these... Mr. Plummer: No, we're buying, we're not leasing. Mr. Ingraham: These are buying. Mr. Plummer: We're buying. Mr. De Yurre: We're buying out right. Mr. Plummer: Fine, yes. Mrs. Kennedy (OFF MIKE): Buying, yes. Mr. Plummer: That's my concern on the warranty. Mr. De Yurre: And these run, how much are they each? Mr. Ingraham: They're two separate bids. They're from two different companies. Mr. Plummer: One company provides the two yard and the other companies provide the four. Mr. Ingraham: They're two seventy and four twenty one is the cost. The two cubic yards are two seventy and the four cubic yards are four seventy-one. Mr. De Yurre: Are we going to buy a hundred of each or a hundred altogether? Mr. Plummer: No, a thousand total. Mrs. Kennedy: It's a total of a thousand. Mr. Ingraham: It's an open... Mr. De Yurre: But we're not buying a thousand right now. Mr. Ingraham: No, we're not, sir. It's open as needed so that as we need them, as orders go in, can order what we need. Mr. Plummer: Well, the answer to your question is, the two yards, they're proposing to buy 700 of and the four yards, they're proposing to buy 300 of. That's the breakdown. Mr. De Yurre: But, as soon as you get the new account, then that's when you order. 118 July 21, 1988 Mr. Ingraham: Right, we have... Mr. De Yurre: ... the dumpster. Mr. Ingraham: We'll keep on the ground as we have now on an average of 15 and as we use those up, then we put in an order for another 15 or whatever the order is. Mr. De Yurre: OK. Mr. Plummer: All right, I'm going to second the motion under one condition, OK? I want a 30 days status report of how many new accounts, and I'm assuming we can cancel or not order based on that 30 day... Mr. Ingraham: Yes. Mr. Plummer: ... up - what do you call it - upgrading or informational. Mr. Ingraham: Update. Mr. Plummer: I want, every 30 days, I want a report of how many new accounts you've got. We know right now that you roughly have 300 but from today, I want to know every 30 days how many new accounts that you've received. Mr. Ingraham: OK. Mrs. Kennedy: Right, with the motion duly seconded, is there any further discussion? Mr. Dawkins: Under discussion. Mrs. Kennedy: Commissioner Dawkins. Mr. Dawkins: I, Mr. Manager, have to tell you personally. I do not believe that you and your staff are committed to obtaining commercial accounts and I have to put that on the records because that's my personal feelings and I would be remiss if I were not to say that. Thank you. Mr. Plummer: Well, not in the Manager defense, but there comes a point, I think where consideration is going to have to be given should we even be in the business. Now, I don't know, is there three... Mr. Dawkins: J.L., if the private sector can make money and we pass by the same places with our own garbage trucks, we can make money also. Mr. Plummer: Commissioner Dawkins, one of the problems of being around here for a long time is that when we discontinued the pickup in the downtown area, we gave up $175,000 in revenue that we were collecting. Now, all I'm saying is, good business procedure, you have to look at this thing and see what is happening and there might be the point where we're better off not in the business and letting the private sector do it. I'm not saying that we can't do it and we can't do it cheaper but if, in fact, all we have at this present time is 300 accounts and we're losing approximately a million and a half dollars, how much longer can you continue, whether it's the Manager's fault or what, how long can you continue to experience that loss? That's good business sense. Mr. Dawkins: Well, I have no doubt in my mind that as they report every 30 days, if we do not see - I've known you long enough to know why you put it that way - that if it shows at the end of the 30 days that some progress is not being made, it will definitely not continue. I don't have any problem with that. Mr. Plummer: I agree with that and that's why I voted for it under that pretense. Mr. Dawkins: All right, OK, no problem. Mrs. Kennedy: Is there any further discussion? Mr. De Yurre: No. 119 July 21, 1988 0 0 Mrs. Kennedy: Please call the roll. The following resolution and motion were introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-694 A RESOLUTION ACCEPTING THE BIDS OF STAR EQUIPMENT MANUFACTURING IN THE ESTIMATED AMOUNT OF $189,000.00 AND HESCO/U.S. CONTAINERS IN THE ESTIMATED AMOUNT OF $126,300.00 FOR FURNISHING 1000 DUMPSTERS ON A CONTRACT BASIS FOR ONE (1) YEAR, AS NEEDED, TO THE DEPARTMENT OF SOLID WASTE AT A TOTAL ESTIMATED COST OF $315,300.00 ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT 353001 ACCOUNT CODE NO. 329402- 840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 88-694.1 A MOTION INSTRUCTING THE ADMINISTRATION TO REPORT TO THE COMMISSION EVERY 30 DAYS ON THE NUMBER OF THE NEW COMMERCIAL ACCOUNTS OBTAINED AS A RESULT OF THE PURCHASE OF DUMPSTERS. Upon being seconded by Commissioner Plummer, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy NOES: None. ABSTAIN: Mayor Xavier L. Suarez ABSENT: None. Mr. Dawkins: Thank you, Mr. Mayor, that's all I have. Mayor Suarez: Right, we have a variety of items before 154 and 155 which are Commissioner requests. I would each of you to start looking at those and see which you actually need. I'm withdrawing all of mine in the interest of going through this agenda and would otherwise go to... 31. SPLASH DOWN 188 - ALLOCATE $10,000. Mayor Suarez: Commissioner Dawkins wants to hear your item. Why don't you come up to the mike and tell us which one it is and then Vice Mayor Kennedy will get to Ted's item. And then we can proceed to 154 and 155 and then the items scheduled for today. Mr. Leeo Jackson: It's number 25 on personal appearances. Leeo Jackson, 1437 N.W. 35th Street. I'm here before the Commission this afternoon to request that the City of Miami Commission continue to support and budget... Mr. Plummer (OFF MIKE): What is this, what item is this? What item? Mr. Jackson: ... one of the most successful summer programs that we've had here in the City of Miami for the past... 120 July 21, 1988 a 0 0 Mr. Plummer: Excuse me, what item is this? Mayor Suarez: Give us again the item is... Mr. Jackson: OK, on my paper it says, personal appearances... Mr. Plummer: What number? Mr. Jackson: Number 25, Mr. Leeo Jackson. Mr. Dawkins (OFF MIKE): Where's Dr. Lizaso? Mr. Jackson: Mr. Lizaso? There he is. Mr. Dawkins (OFF AND ON MIKE): Dr. Lizaso, would tell us... this has been funded before and if it's, if we have... Mr. Jackson: OK... Mayor Suarez: What have we done in the past, Dr., on this program? Dr. Antonino Hernandez Lizaso: Up to 1986, Mayor, we have had six Splash Down events, usually two or three a year. Since 1986 and '87, we have not held any events of this kind. Mr. Dawkins (OFF MIKE): Do we have the money now? That's all I need to know. Mayor Suarez (OFF AND ON MIKE): OK. How about this year? What kind of money do we have, have you found and identified any funds that we could use for this? Dr. Lizaso: No, sir, I was only brought into this because I had done it in the past and I reduced the appraisal of cost from $27,000 to $17,750 going with one half of the police force that was requested. Mr. Dawkins: Do we have any money for this? Dr. Lizaso: No, sir, I don't think we have any money now but... Mrs. Kennedy: It was my understanding that parks department was recommending holding it in the Marine Stadium which would reduce the cost. Mr. Jackson: OK, if I could just speak on behalf of that, I, myself was brought in as a liaison between the City of Miami and the people of the City of Miami, the citizens, I should say. Splash Down was created six, seven, eight years ago to have some type of event in the summer to bring families out to the beaches of the City of Miami which we work at Virginia Key beach. It's also been a family affair and, just to add to the record, we've had different shows at the Splash Down event. We've got a group now that's currently on a nationwide tour, concert tour, that was at Splash Down two years ago. So I'm trying to say the success of this program by it happening the summer months, we had an entire cross section of the entire community to attend the Splash Down parties, we've had great success with the talent that were brought from the City of Miami, a lot of talent has gone on to become major recording artists in the recording business. WEDR... Mr. Dawkins: Dr. Lizaso, Dr. Lizaso, each year funds this thing - this sort of program was funded each year and you said no money was budgeted this year for this Splash Down? Dr. Lizaso: For the past two years, there has not been any allocation for this program. It was originally in the parks department. It is no longer there. Mayor Suarez: What is the stations contribution, if any, Leeo? Mr. Jackson: Well, what we've done in the past, we've given all the advertisement and we have brought in talent from throughout the country to make it a success. Going back to what Dr. Lizaso said earlier, we were asked two years ago not to have Splash Downs because there was construction going on 121 July 21, 1988 • 0 on the causeway, that was the reason not have them that particular year. OK. . . Mayor Suarez: Where had it been funded from before? Was it parks department money? Mr. Al Howard: It was in the parks department budget and then in some special accounts in 186. We did not have it in 187. That was because of the construction and we did not have the funding. Mayor Suarez: What actually costs money in this Splash Down? Mr. Plummer (OFF MIKE): Police are a big item. Mr. Howard: Your police protection is the most, it's about $12,000, the showmobile, fire, the entertainment, it costs, the breakdown is the lifeguards, because there is swimming, it is a family day, it's a family splash down and we have... Mayor Suarez: How many days is it? Mr. Howard: One day. Mr. Jackson: One day. Mr. Howard: It starts in the morning at about 10:30 and it goes till about 6:00 in the evening. Mayor Suarez: And we can't, on that particular day, find some parks employees that could act as lifeguards and that are licensed lifeguards, some GSA people, who are electricians and... Mr. Dawkins: No, is there any money in the parks and recreation budget? Any - it's broke. Mr. Howard: Yes, sir. Mr. Dawkins: They have no money at all. Mr. Howard: No money at all, not for this. Mayor Suarez: And we can't find seven recreation leaders and a showmobile crew to do what is a City function in one day? Mr. Jackson: An event is also on Sunday, sir. The even also takes place on Sunday. Mayor Suarez: Well... Mr. Howard: Most of the people that are working are part-time, they're doing outside their job for a base pay of about $7.00 or $8.00 an hour. Most of them do work below their salary rate. Mr. Dawkins (OFF MIKE): There's nothing we can do if they don't have the money. Mayor Suarez: I will entertain a motion on some amount here to try to make this viable. It's up to the Commission. I don't know that we can afford $17,750 but, you know, it seems to me that we should be able to find something to put together this... Mr. Dawkins: OK, well I'll move for half the amount. Mayor Suarez: I'll second. Mrs. Kennedy: Is there any further discussion? Mr. Howard: Would there be any possibility then of us doing it at the Marine Stadium. We may be able to control it better and reduce the costs. Mrs. Kennedy: We have a motion on the floor, please, Al. 122 July 21, 1988 0 Mr. Dawkins: You see, why didn't you say that... I don't no problem with that but why didn't you say that prior to our making the motion? Mayor Suarez (OFF MIKE): He did, be we didn't let him... Mr. Dawkins: OK. Mr. Jackson (OFF MIKE): It's over there. Mayor Suarez: Yes, you had said it but we just didn't let you finish. What had you said about that? Mrs. Kennedy: How much would we save then? Mr. Dawkins: OK. Mr. Howard: I would say that if we moved it over to the Marine Stadium rather than Virginia Key, we could reduce the cost, the expenditures. Mr. Dawkins: OK... Mr. Howard: But I'd also like to suggest that perhaps WEDR should match the amount of money the City is putting... Mr. Dawkins: I can't hear you, I'm sorry, Mr. Howard. Mr. Howard: Perhaps WEDR can match some of the funds that the City would put in. Mr. Jackson: OK, can I kind of represent, not only WEDR, we were brought in, the City of Miami, as a matter of fact, the CRB board eight years ago, whatever it... asked WEDR to come and to create this. This is not the idea of WEDR. We came in to spearhead the project, to bring talent in, to make it a family day at the park. This is not something that we get great mileage of promotional activities out of or anything. We are the... Mr. Dawkins: But, it's about time you do. Mr. Jackson: Well, that would be fine, but at the same time... Mr. Dawkins: All right, OK, but - take it easy now, take it easy. Mayor Suarez (OFF MIKE): He's got a couple of things EDR will contribute. Mr. Dawkins: OK, all right, he already got some things down here that they're contributing. OK, that's what I'm trying to tell him. You've already contributed this year, you didn't contribute before. See, all right, so let's find - now tell me how we going to do this. Mr. Howard: Well, we don't have the funds. If the funds are put into the budget, then we could go ahead and do it. Mr. Dawkins: Look, don't tell me that the City of Miami does not have $10,000 some place. OK, somewhere, all right? All right, so now if you're telling me that it's cheaper - not cheaper, but if we can do it at Marine Stadium... Mr. Howard: Marine Stadium. Mr. Dawkins: ... cheaper than we can do it at Virginia Key, and then we will not have the people coming from Key Biscayne saying that we are driving them out of their beds with the noise, I mean, if the Commission will accept that, I don't have no problem with it. Mr. Jackson: Excuse me, can I say something here... Mr. Dawkins: Yes. Mr. Jackson: ... about the two venues we're talking about? Virginia Key, first of all, to give kids an outlet to go swimming in the summertime because the kids did not get that opportunity, under supervised swimming situations, there are other activities that go on at Virginia Key that cannot happen at the Marine Stadium such... 123 July 21, 1988 Mr. Dawkins: OK, OK, all right, i move $10,000 and we go as far as we can with it. Mayor Suarez: I'd second it. Mrs. Kennedy: Moved and seconded for $10,000 instead of the $8,750. Any further discussion? Mr. Plummer: How long does this event run for, eight hours? Mrs. Kennedy: One day. Mr. Jackson: It's one day for about six hours a day, sir, six, seven hours. And once again, we were brought into it because the City of Miami came to us... Mr. Dawkins: Look, OK, see if you say that... Mrs. Kennedy: Any further discussion? Do you have anything else to say? Mr. Dawkins: ... then I will tell you to go get CRB to help us fund that. I keep telling you, leave that alone. Mr. Jackson: OK. You got it. Mr. Plummer: Let me ask a question and I'm sorry to be picking on these things but, damn, we got to pass a millage this afternoon. According to this that I'm looking at, the police cost factor, the breakdown that I have is over $30 an hour. Am I correct on that? Mr. Howard: There's approximately about twenty-seven because it's time and a half... Mr. Plummer: It's not twenty-seven, it's $218 average per man and by six hours or seven hours is $30 an hour. Anyway you look at it. Mr. Howard: Time and a half, time and a half that they receive. Mr. Dawkins (OFF MIKE): It's a City sponsored affair. Mr. Howard: This is the actual cost, right from the... Mr. Plummer: A City sponsored affair, Miller, makes the time and a half. If the City doesn't sponsor, it's regular time. Huh? Mayor Suarez (OFF MIKE): Call the roll. Mrs. Kennedy: OK. No further discussion? Please call the roll. Lt. Joseph Longueira: If the City sponsors, it's time and a half. Mr. Plummer: Yes, if the City doesn't... Lt. Longueira: If the City doesn't, it's City facility rate which is higher than regular. Mayor Suarez: Right. Mrs. Kennedy: OK. Mayor Suarez: Call the roll. 124 July 21, 1988 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-695 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND, IN SUPPORT OF SPLASHDOWN '88 TO BE CONDUCTED DURING THE SUMMER OF 1988 BY THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AND COMMUNITY DEVELOPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32. LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536 - CONFIRM ORDERING RESOLUTION - ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION. ------------------------------------------------------------------------------ Mayor Suarez: The same with 155? Do we have any problem with the Lawrence Waterway Highway improvements? Mr. Dawkins (OFF MIKE): Move. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion on 155? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-696 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 88-524 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF LAWRENCE WATERWAY HIGHWAY IMPROVEMENT IN LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536. (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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 125 July 21, 1988 L, r7 LJ 33. DEMOLITION OF UNSAFE STRUCTURES - RATIFY CITY MANAGER'S FINDING OF EMERGENCY - WAIVE COMPETITIVE BIDDING FOR SELECTION OF PROFESSIONAL SERVICES - ACCEPT BID OF TREE MASTERS, INC. FOR DEMOLITION OF STRUCTURES AT 1402 & "A" SOUTH SAYSHORE DRIVE. Mayor Suarez: Madam Vice Mayor, you had an item that you wanted to bring up of a discussion item... Mrs. Kennedy: Yes, Mr. Mayor, I have... Mayor Suarez: ... requested by the Commission in the prior Commission agenda? Mrs. Kennedy: Two very short items... Mayor Suarez: Please. Mrs. Kennedy: ... one, it's a property that we need to demolish at 1402 So. Bayshore Drive. We need today to approve the lowest and most responsive bid to demolish this property. The cost is over the $4500. The cost if $7,506 and, therefore, we need Commission approval today and so I move. Mr. Dawkins (OFF MIKE): Second. Mayor Suarez: The cost is how much? Mrs. Kennedy: $7,506. Mayor Suarez: OK, moved and seconded. Any discussion? That's from the demolition fund that's been set up? Mrs. Kennedy: Right, correct. Mayor Suarez: Call the roll. Mr. De Yurre: What are we knocking down that's.. Mrs. Kennedy: Pardon me? Mr. De Yurre: ... what is it, a big building, or what? Mrs. Kennedy: It's a building, right. Mr. De Yurre: Like an apartment building type of thing? Mrs. Kennedy: It's an apartment building, it was called the Commodore. Mr. De Yurre: All right, go ahead. Let's do it. Mayor Suarez (OFF MIKE): From last week's agenda? Mrs. Kennedy (OFF MIKE): Call the roll. Mayor Suarez (OFF MIKE): Staff has to tell me about that, but I'm... 126 July 21, 1988 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-697 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTIONS OF THE CITY MANAGER IN FINDING A VALID EMERGENCY NEED EXISTS WHICH NEED JUSTIFIES THE WAIVER OF THE REQUIREMENT THAT FORMAL COMPETITIVE BIDS BE SECURED FOR THIS PROJECT AWARD; FURTHER ACCEPTING THE BID OF TREE MASTERS, INC. FOR THE FURNISHING OF DEMOLITION SERVICES AT THE STRUCTURES LOCATED AT 1402 & "A" SOUTH BAYSHORE DRIVE OF- THE DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSED COST OF $7,506.00; ALLOCATING FUNDS THEREFOR FROM THE BUILDING AND ZONING DEMOLITION FUND ACCOUNT CODE NO. 560502- 340-110035 WITH RECOVER OF SAID AMOUNT TO BE ACCOMPLISHED THROUGH NORMAL LIEN ENFORCEMENT PROCEEDINGS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: As we go through these items that the Mayors had requested - Commissioners had requested for discussion at the prior agenda, I also need staff to tell me which ones of those prior agenda items are important to do. Mrs. Kennedy: OK, the other one... Mayor Suarez: Madam Vice Mayor. Mrs. Kennedy: OK, the other one is 142. Mayor Suarez: One forty-two, that's Ted. Mr. Ted Stahl: While I'm at the podium, item 134, would you please defer that until September. Mayor Suarez: One three four... Mr. Stahl: News racks. Mayor Suarez: We're deferring any discussion items unless a Commissioner requests them because they were requested by Commissioners. NOTE FOR THE RECORD: Mr. TED STAHL REQUESTED ITEM C-134 BE DEFERRED TO THE SEPTEMBER COMMISSION MEETING. (NEWSPAPER RACKS ON CITY SIDEWALKS). 127 July 21, 1988 4 0 J4. PURCHASE STREET TRASH RECEPTACLES AND ELIMINATION OF ILLEGAL BUS BENCHES - DISCUSSION REGARDING STATUS. Mr. Stahl: All right. Item 142, the second part, the illegal bus benches on residential neighborhoods. First, may I think the Commissioners for approving this morning both Mr. Ingraham and I having worked for several months on the trash receptacle which we hope will be on our sidewalks before the Super Bowl. The second part of the item 142 is illegal bus benches throughout the City of Miami. Basically, I'm here concerned only within the boundaries of Coconut Grove. Printout of all bus benches in the City of Miami, in the boundaries of Coconut Grove, there are 80 bus benches. Of the 80 bus benches in the Coconut Grove boundaries in residential areas, 32 of these bus benches are in residential areas and 20 of these bus benches as of February 22nd still have advertising on it. We have requested in March... Mr. Plummer: Wait, a minute. Ted, hold on a minute. Mr. Stahl: Yes, sir. Mr. Plummer: My understanding, Mr. Manager, is on bus benches, is that any location has to be approved by your office. Is that correct? If it is, then am I to assume that all of the bus benches that are existing have been approved? Mr. Odio: No, I have never approved any locations, so... Mr. Plummer: Well, then I would say that you should get from Mr. Stahl a list of where they're existing and see if any of them have been approved and if they've not been approved, ask them to remove them. Mr. Odio: OK, I'll be glad to do that. Mr. Stahl: This is the approved list. Mr. Plummer: If it's approved, then, you know, then we're the guilty party, Ted. Mrs. Kennedy: Done with it. Mr. Stahl: Well, let me clear this up because it was turned over to public works to now control the bus benches and we've been working directly with public works and I must admit, this department has done everything they possibly can but their hands are tied because of the lease agreement that is written between the City and the bus bench company. On June the 24th, after several telephone calls, several letters to Mr. Martin, the owner of the bus bench company who now owns and has the lease, on a certified mail, return receipt requested, June the 24th, I will not read the whole letter, but it was addressed to Mr. Steve Martin and it stated, "... within ten days you are to remove the advertising from all benches located on S.W. 22nd Avenue, S.W. 17th Avenue..." Mr. Plummer: Who signed the letter? Mr. Stahl: Eugene Pelaez, construction engineer of public works. Mr. Plummer: Then they got to follow up, that's it. Mr. Stahl: All right, let me tell you why they can't follow up. There is no fine, there is nothing that forces the bus company to remove these benches. Mr. Plummer: How about breach of contract? Mr. Stahl: Well, that's what I'm getting to. The point is, if you really drive around the entire City, which becomes something with me now, there are bus benches all over this City that are illegal. I am just bringing to your attention at the moment, the ones in Coconut Grove. And that is all along LeJeune Road, you've got bus benches on... 128 July 21, 1988 Mayor Suarez: By the way, as a long range modification or reform, we ought to have a penalty, Mr. Manager, following up... Mr. Stahl: That's what we're asking... Mayor Suarez: ... right. Mr. Stahl: ... that when the new - on November the 2nd... Mayor Suarez: Absolutely, absolutely... Mr. Stahl: ... when the new lease agreement between the City and the bus bench company, let the public works work with the City Attorney to draw up this new agreement. Mayor Suarez: That we will do, that we will do. In fact, I don't think there's even a motion needed, but if you need a motion, Mr. Manager, we can make one that a penalty be applied to any that are there beyond the time that they have contracted for. Mr. Stahl: Well, we have asked several times and Mr. Walter Lowman has asked from the public works, has asked Mr. Martin both verbally on telephone calls and in this letter of June the 24th, to remove them. This is a month later. Mayor Suarez: We're going to put teeth into it, Ted. Mrs. Kennedy: Well, Mr. Manager, can we just remove them? Pick them up? Mr. Odio: I will send them a letter notifying them they have 30 days to remove them or I will do it. Mr. Jorge Fernandez: Well, we want to make sure that the provisions of our contract with them provides as that for a remedy. If we don't have removal as a remedy, I think we'd be hard pressed in pursuing that. Mayor Suarez: Well, but maybe damages have now, so... Mr. Stahl: There is none in the agreement. Mayor Suarez: Maybe some kind of damage, Mr. City Attorney. Mr. Plummer: My understanding is, the Manager reserved the right to approve. Mr. Fernandez: Hummm? Mayor Suarez: Damages maybe. We can sue them for damages, if not. Mr. Plummer: That's the zinger. Mayor Suarez: There's always some remedy in every contract. We'll find a remedy and take action. Mr. Stahl: Well, we heard that on April the 21st from the City Manager. Mayor Suarez: Well, you heard it again. This time, hopefully, we'll act on it. Mr. Plummer (OFF MIKE): Well spoken by a lawyer. A remedy... Mr. Stahl: All right, the other thing is, Mr. Plummer, to your attention, sir. Since the pressure has been put on the public works and they've gotten extra inspectors, we're always talking about the valued revenue which we agree and understand. There has also been a notation since the inspectors have been checking on the bus benches, there's approximately 15 percent additional bus benches on our sidewalks that we are not receiving revenue for. Mr. Plummer: Hey... Mr. Stahl: It's just been let out of hand for too long. Mr. Plummer: Pull the contract. 129 July 21, 1988 Mr. Stahl: We would like these bus benches removed as soon as possible. We've been on this for a year now. Thank you very much, appreciate it. Mr. Plummer (OFF MIKE): Pull the contract. Mrs. Kennedy: Thank you. 35. NEWSPAPER RACKS ON CITY SIDEWALKS - CONTINUED DISCUSSION OF ITEM PREVIOUSLY DEFERRED. Mr. Plummer: What about the newspaper racks? Mrs. Kennedy: How about the 134, let's take that up. Mr. Ted Stahl: The newspaper racks, very quickly. We've been working very closely with the news racks. The Miami Herald has been most cooperative, the Miami Daily News. Now, there are several other companies that will not work with us. The only question we have is a legal - the public works says that any container that is vacant for 30 days, which is in the agreement, shall be removed. We have dates on news racks that have been empty for 60 days and they are still not off the streets. The other thing is, a legal question is, does advertisement for real estate fall under the first amendment because that's what is our plague. We've got news stands which is under the first amendment. We've got five or six different real estate boxes out on our sidewalks that are filthy, they're not maintained. Does this fall under the first amendment? If it doesn't, then get them off the streets. Very simple. Mr. Plummer: Well, I don't think they can advertise on the racks themselves other than identification and the name of the paper that's being sold therein. They can't put advertis... Huh? UNIDENTIFIED SPEAKER (OFF MIKE): Free, free advertising. Mr. Plummer: What do you mean fr... but that's not covered under advertising. They have their right under their newspaper but not to establish, in effect, in fact, a billboard. Mayor Suarez: Yes, that's very correct point. What he's saying, the boxes a lot of times, Don, have advertising on them. And they can't do that. Mr. Don Cather: What we're talking about now is not the newspapers, we're talking about free flyers where they put up a stand similar to a newsstand where you would ordinarily put in money and get your paper. These are free and... Mayor Suarez: It applies to that too, I would think he's right. I don't think that's covered by the first amendment. Mr. Cather: ... we'd like to get those off the street but we have to have a legal opinion that says you can forcibly remove these things, they are not protected by the first amendment and, you know, they must obtain a permit. Mayor Suarez: Not if they're commercial, I can't imagine they would be. Mrs. Kennedy: But, perhaps, we can fine them because the police is overburdened by these flyers. Mr. Plummer: Do they have a permit of any kind? Mr. Stahl: That's what we'd like to know. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: Then take them off and let them come before the Commission. Why put the monkey on our back? Mayor Suarez: No, he just wanted to make sure we had a legal opinion that was not covered by the first amendment. I think you can get that very quickly, because that's clearly not within the first amendment, but... 130 July 21, 1988 Mrs. Kennedy: We understand about the first amendment but perhaps we can regulate them, you know... Mayor Suarez: Absolutely. Mrs. Kennedy: ... so that they're not obstructing pedestrian traffic. Mr. Stahl: Thank you. I will say one thing, please, the public works, they have worked very, very hard and extremely cooperative with the organizations that are working on this. Mayor Suarez: Ted, thank you. Mr. Stahl: Thank you, sir. ------------------------------------------------------------------------------ 36. MIAMI ARENA LABOR CONTRACTS - DISCUSSION AND TEMPORARY DEFERRAL (SEE LABEL 42). ------------------------------------------------------------------------------ Mr. Dawkins: Mr. Mayor... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: A gentleman has requested that we hear 143. He's had a lawyer in here paying him $100 an hour since 9:00 o'clock... Mayor Suarez: That was from the last Commission meeting... Mr. Dawkins: Yes, sir. Mayor Suarez: Yes, 143. I didn't know - I thought those were all requested by the Commission, so... OK, item 143 from the last Commission, from July 14th. George Moeller, Esq.: George Moeller, 1951 N.W. 17th Avenue representing Stage Hands local 545. Mr. Plummer: Are you paid for your appearance? Mr. Moeller: Yes. Mr. Plummer: Are you a registered lobbyist? Mr. Moeller: No sir. Mr. Plummer: You can't... Mayor Suarez: You have to register. Mr. Plummer: You got to register, sir. Mayor Suarez: Item 143. Mr. Plummer: Take two minutes. Mrs. Kennedy: It'll take a few seconds. Mr. Plummer: IRS will love you. Mayor Suarez: This is listed as my item. I thought that the item had something to do with something else altogether, I don't... AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 131 July 21, 1988 0 0 37. CONSENT AGENDA. Mayor Suarez: On today's regular agenda, we have items one through eight I think is the consent agenda. Is that right, somebody? Mr. Plummer: I want to pull item six. Mayor Suarez: Item six has been pulled by Commissioner Plummer. Mrs. Kennedy: I don't have any. Mayor Suarez: Anybody else? We'll go through these quickly. Mr. De Yurre: Number four. Mayor Suarez: Item four. Does anyone from the general public wish to be heard on items one through nine, exception of four and six? Mr. Fernandez: Yes, Mr. Mayor, you should take note that in items two, four and five, we have some very brief comments to make on those. Mayor Suarez: Four and five? Mr. Fernandez: Two, four and five. Mayor Suarez: OK, with the exception of two... Mr. Plummer: Why are we losing something here? This has never happened in the past. Why are we suddenly now having agendas in which the City Attorney's office have not gone through the items previously before they hit the agenda? Mr. Fernandez: For a very good reason, Mr. Plummer. And that is precisely to extricate yourself from the mess that you found yourself this morning with the GSA contract. I am committed not to have you pass on a contract unless that contract is in front of you in completed form so that you have a full opportunity to read it and that is the problem with items four and five presently as it was placed on the agenda, it did not include in the backup material the contract itself. Mayor Suarez: That's another way - wait, wait, wait, that's another way of saying that there are minor modifications that he wants to bring them to our attention. Mr. Fernandez: That's it and they'll all that my attention to you calling your attention, is the fact that now I am attaching the contract itself so that when you pass in four and five, you pass with full knowledge that the contract is being attached and it is not subject to approval by the City Attorney at any time subsequent to you having passed on it. Mr. Plummer: The question I'm having is, is the materials not getting to you in adequate time that you have the opportunity to go over them, read them, and so advise on the agenda before it's placed on an agenda? There, obviously, is a breakdown somewhere. Mr. Fernandez: We feel that it is in the best interest of the City to move as many items as possible for the ease and operation of the City and we only do that in cases where there are very minor details to be fixed. We understand that... Mayor Suarez: And you can't predict those in advance so you must do it after the agenda has gone out. But just... Mr. Fernandez: Exactly, in an agenda with a hundred some items - I'm sorry... Mayor Suarez: If there's anything that we can do with the Manager's office or with the rest of the City to give you the information... 132 July 21, 1988 Mr. Odio: Yes, I give an order to Aurelio, we are not putting any more items on the agenda if they have to be modified here. Mrs. Kennedy: Right, well that's the purpose of the agenda. Mr. Plummer: Well, that's the way it should be, because it's misleading to the public. Mayor Suarez: Of course, even that policy will have to be changed because a lot of times it will end up being an emergency and so on. OK, we have withdrawn or pulled from the consent agenda, items two, four, five and six, I've got, for either modifications or further clarification. Mr. De Yurre: OK, I've got no problem with four anymore, so... Mayor Suarez: OK, two, five and six. Is there anyone from the general public that wishes to be heard on the other items which are one through nine? Yes, ma'am, which item? Which item? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: I believe it's been withdrawn it looks like on my agenda. Mr. Plummer: Item one has been withdrawn. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: Aha. It sounds like it's item two. Either way, item one's been withdrawn. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: No, this... Mayor Suarez: OK. All right, we're pulling item two so you'll be able to get to that. Mr. Plummer: Wait a minute, are you on - are you giving an automobile? Mrs. Kennedy (OFF MIKE): No, that's on the... UNIDENTIFIED SPEAKER (OFF MIKE): Am I giving - no Mr. Plummer: Well, that's what item two is. Mrs. Kennedy: No, no, wait a second. You're on the PZ, she's on the PZ... Mr. Plummer: You're on PZ, you're on planning, we're not there. Mrs. Kennedy: Planning and zoning, that's a different agenda. Mayor Suarez: We're not yet on planning and zoning. No problem, no problem. We take those each one by one. We don't take those as the consent agenda. Mr. Plummer: Take your Mustang back. Mayor Suarez: OK, with the exception of two, four and six, right? Mr. De Yurre: No, four is OK. Mayor Suarez: Two, five and six. I'm sorry. Is anyone that wishes to be heard on any of the other items? On any of those items that I just said... UNIDENTIFIED SPEAKER: No, Mayor, but I'm... Mayor Suarez: You're back on the agenda for July... UNIDENTIFIED SPEAKER: Oh no, 143. Mayor Suarez: We'll get to that in a second. Let me take the consent agenda. Let the record reflect no one has stepped forward on those items and I'll entertain a motion on the consent agenda with those exceptions. 133 July 21, 1988 0 0 Mrs. Kennedy: Move it. Mayor Suarez: Moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY COMMISSIONER PLUMMER, THE FOLLOWING ITEMS, COMPRISING THE CONSENT AGENDA, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 37.1 ACCEPT BID: 3RD WORLD COMPUTER COMPANY, INC. - OFFICE FURNITURE FOR HOUSING CONSERVATION AND DEVELOPMENT AGENCY ($29,279.81). RESOLUTION NO. 88-698 A RESOLUTION ACCEPTING THE BID OF 3RD WORLD COMPUTER COMPANY, INC. FOR FURNISHING OFFICE FURNITURE FOR THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY AT A TOTAL PROPOSED COST OF $29,279.82; ALLOCATING FUNDS THEREFOR FROM HOUSING CONSERVATION AND DEVELOPMENT AGENCY'S HOUSING BOND, COMMUNITY DEVELOPMENT BLOCK GRANT AND SECTION 8 BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 37.2 ACCEPT PLAT: ONE STOP RESUBDIVISION. RESOLUTION NO. 88-699 A RESOLUTION ACCEPTING THE PLAT ENTITLED ONE STOP RESUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 37.3 ACCEPT PLAT: STEVENS/HAGUE TRACT. RESOLUTION NO. 88-700 A RESOLUTION ACCEPTING THE PLAT ENTITLED STEVENS/HAGUE TRACT, A SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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. 134 July 21, 1988 0 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 37.4 ACCEPT PLAT: DABNEY'S 6 DYLAN'S. RESOLUTION NO. 88-701 A RESOLUTION ACCEPTING THE PLAT ENTITLED DABNEY'S 6 DYLAN'S, A SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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.) 38. ACCEPT DONATION OF MOTOR VEHICLE (AUTOMOBILE) FROM INTEGRITY INSURANCE COMPANY FOR POLICE DEPARTMENT. Mayor Suarez: Now on item two, which is acceptance of a 1985 Ford Mustang, I hope we don't have any earth shattering modifications to that. Sounds like a pretty simple item there. Mr. Jorge Fernandez: We just want to make sure that the automobile is properly identified by an ID number... Mayor Suarez: OK. Mr. Fernandez: ... so that we'll know at all times what it is we're talking about. Mayor Suarez: With the proper ID number, I'll entertain a motion on it. Mrs. Kennedy (OFF MIKE): Move. Mayor Suarez: Who's going to get to drive it? Moved. Do we have a second? I don't need an answer to that question. Do we have a second? Mr. De Yurre: Second. Mayor Suarez: Call the roll. Who gave it to us? Mr. Fernandez: It's a company... The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-702 A RESOLUTION CONDITIONALLY ACCEPTING THE DONATION OF A 1985 FORD MUSTANG MOTOR VEHICLE FROM INTEGRITY INSURANCE COMPANY FOR USE BY THE MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: 135 July 21, 1988 0 1] AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Make sure it's searched thoroughly before we take it just in case it contains something we didn't expect to get. Mr. Fernandez: That's right. ------------------------------------------------------------------------------ 39. ESTABLISHMENT OF EMERGENCY SHELTER FOR HOMELESS FAMILIES - ALLOCATE $32,000 TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC. ------------------------------------------------------------------------------ Mayor Suarez: Item four; five, I'm sorry, item five. What's the modification, Mr. City Attorney? Mr. Jorge Fernandez: Just simply attaching the contract, a copy of the agreement is attached for your consideration. Mayor Suarez: OK, now we have it. Does any Commissioner have any question on that? I'll entertain a motion on item five. Ms. Hirai: Excuse me, Mr. Mayor, so is item four, Mr. City Attorney. Mr. Fernandez: It is item four, right, that we're talking about. Mayor Suarez: Oh, four, OK, I'm sorry. I'll entertain a motion on that. Mr. Dawkins (OFF MIKE): It's on four? Mayor Suarez: Yes. Mr. Plummer: Four is the one Dawkins and I voted against. Mr. De Yurre: I'll move it. Mayor Suarez: Moved. Mrs. Kennedy (OFF MIKE): Second. Mayor Suarez: Seconded. Any discussion, Commissioners? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-703 A RESOLUTION ALLOCATING $32,000 FROM THE EMERGENCY SHELTER GRANT FUNDS TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC. FOR THE PURPOSE OF FUNDING THE ESTABLISHMENT OF AN EMERGENCY SHELTER FOR HOMELESS FAMILIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE. (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: 136 July 21, 1988 0 0 AYES: Commissioner Victor De Yurre Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I vote no as I have in the past based on wanting to give the money to Metropolitan Dade County whose responsibility is the homeless. I vote no. 40. DRUG SCREENING SERVICES TO DEPARTMENT OF PERSONNEL MANAGEMENT - DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EXECUTION OF AGREEMENT WITH CONSULAB, INC. (SEE LABEL 47). ------------------------------------------------------------------------------ Mayor Suarez: Item five. Modification, Mr. City Attorney. Mr. Jorge Fernandez: Yes, simply attaching the contract again. Mayor Suarez: OK, anybody have any questions on that, otherwise I'll entertain a motion on item five. Mr. Dawkins: And, yes, I have a question. This could not be done cheaper any place else in Miami. Mrs. Angela Bellamy: This was the cheapest bid that we have. We sent it out to 22 firms plus there were 14 courtesy bids. This was the cheapest one that we were able to find. Mr. Dawkins: Thank you, Mrs. Bellamy. Mr. Plummer: Let the record reflect the Commission's agenda does not have the contract the City Attorney speaks to on item four, five. It is not part of our agenda kit. Mayor Suarez: That's why he wanted to... Mr. Plummer: No, no, no, no, no, now. I understand he wants to be a stickler on this and and I agree. He should be. But we do not have attached, for our edification, the contract. Mayor Suarez: That's why he pulled it out. Mr. Plummer: So I just want that on the record. Mr. Fernandez: It was hand delivered to each of you attached to the memo that we're making reference to. Mr. Plummer: When was this? Mr. Fernandez: This was done this morning. Mr. Plummer: I haven't seen it. Mrs. Angela Bellamy: Commissioner, this contract was also hand delivered. Mayor Suarez: OK, we'll table item five. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 137 July 21, 1988 41. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED AGREEMENT BETWEEN COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. AND GROVITES UNITED TO SURVIVE, INC. - FOR DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT (SEE LABEL 74). Mayor Suarez: Item six, is this another one that - what is the... Mr. Plummer: No, that's mine, Mr. Mayor. Mayor Suarez: Commissioner Plummer. Mr. Plummer: I'm asking, Mr. Manager... Mr. Odio: Yes, sir. Mr. Plummer: ... in item six, who is this organization called Grovites United to Survive? Mayor Suarez: That's GUTS, isn't it? Mr. Frank Castaneda: That's GUTS. Mr. Plummer: Huh? Mr. Odio: GUTS. Mr. Plummer: Gus who? Mr. Castaneda: Thelma Gibson. Mayor Suarez: That's the organization that has had that... Mr. Plummer: And the other is the Coconut Grove Local Development Corporation. Mayor Suarez: That's David Alexander. Mr. Castaneda: Right, David Alexander. Mr. Odio (OFF MIKE): David Alexander. Mr. Plummer: OK. Now, what is the cost factor for this professional service agreement and what are they going to do for it? Mr. Castaneda: OK. Two issues, Commissioner. The reason that this item is being brought here is because the - according to the contract that gave them the money, any developer that was hired besides GUTS would have to need require prior Commission approval. Mr. Plummer: Correct. Mr. Castaneda: So that's why it is here on that issue. And the other issue is that they want to be able to pay the local development corporation, I believe up to $30,000 out of the loan proceeds that are still here to develop the building. Mr. Plummer: Why would they be getting that money? What are they doing with that money? That's the question I'm asking. Mr. Castaneda: What they are proposing to do is to develop the whole project. 138 July 21, 1988 i 0 They will be the developer of the project and that will be the fee... Mr. Plummer: But they are not providing any expertise. Unless I am to be stand corrected. That's what I am asking. Mr. Castaneda: They are providing the expertise. Mr. Plummer: In what area? Mr. Castaneda: In the development area. They will be the developers for the project. Mr. Plummer: And is this split 50-50 between the two organizations? Mr. Castaneda: No. The $30,000 will go to the LDC, local development corporation. Mr. Plummer: Is Thelma Gibson here? Mr. Castaneda: She told me that she had to go out, but she would be here by 7:00 o'clock, if you wanted to defer it. Mr. Plummer: I would ask this be... Mayor Suarez: Table the item until that time. Mr. Plummer: Yes, thank you. AT THIS POINT, THE ITEM WAS TABLED. 42. MIAMI ARENA LABOR CONTRACTS - CONTINUED DISCUSSION - REFER TO CITY ATTORNEY (See label 36). Mayor Suarez: Your item, sir, from the last Commission meeting, to put... it was 143, correct? This is my item, I must have requested this and I forget why I did, but it must have been at your request. Mr. George Moeller: My name is George Moeller, 1951 NW 17th Avenue, Miami, representing Stagehands Local 545. At the Miami Arena, we have a problem. An outfit by the name of Inset Management Corp. has a contract to set up the concerts which have appeared there. The two that they have done recently is Robert Plant and Julio Iglesias. The company has hired employees and then turned around and made the employees sign forms stating that they are independent contractors. Thereafter they go ahead and direct the employees what to do. In effect, these employees are not independent contractors. Mr. Plummer: Hey, can I ask a question please? Mr. Mayor, this is in reference to the arena. Is there anyone here from the arena, or from the... Mayor Suarez: From Dacoma, or... Mr. Plummer: ...Dacoma. If we are going to hear an argument, I think we should at least have both... Mayor Suarez: Let me find out what, if anything, you would want us to do. Presumably, you are just pointing out something to our attention, right? I mean, is there any violation of anything that you are alleging here, or...? Mr. Arnold Shupnick: (OFF MIKE) I believe so, sir. Mayor Suarez: Wait, wait, we've got your attorney on the mike and we have got you speaking. Mr. Moeller: Yes, Mr. Mayor. This violation is a violation of State law and Federal law. People are signing on, as allegedly to be independent contractors, there is no Federal Withholding being taken out, there is no Social Security being paid on their behalf, no unemployment payments are being made, no payments for Workers Compensation. In effect, we've got workers at the Miami Arena, who are not covered. 139 July 21, 1988 0 0 Mayor Suarez: Let me ask you this. If if you are alleging violations of those, isn't there Federal agencies that you can direct the complaint to, or even judicial proceeding? Why would you come to the Commission? Mr. Plummer: Why not the Sports Authority? Mr. Moeller: There is a variety of avenues, but we believe that the Commission can best exert some pressure on this employer. Mr. Plummer: Let me ask one other question, sir, because we have very little clout when it comes to that. Have you been before the Sports Authority? Mr. Shupnick: I've seen John Blaisdell two weeks ago. Mr. Plummer: Excuse me. I'm asking, did any one go before the Sports Authority in their meetings and make these violations known? Mr. Arnold Shupnick: No, sir, my name is Arnold Shupnick. Mr. Plummer: You say no, sir? Mr. Shupnick: No, sir. We went to his office to discuss it after Mr. Odio got us an appointment. Mayor Suarez: You spoke to Blaisdell, but he did not refer you to the Authority, to the entire board? Mr. Shupnick: No, sir. Mayor Suarez: We didn't get a report from him either. Mr. Plummer: There is nothing that we can do. It is not in our prerogative. Mayor Suarez: It may be. Mr. Dawkins: Hold it, hold it! It is in our prerogative. This is the same organization, that ever since they start to build the arena, we have been pointing out to them that they do not have their quota of minority participation. Now, they assured us that they would do their best in which to provide minority participation. They went so far as to tell me that they would get a Latin, a black, and a lady and form a what is it...? Mr. Shupnick: Technical directives, or... Mr. Dawkins: To put them in business so that they would learn the expertise, and they would become experts in this field. Now, they did not do that, they went and found some people and gave them, according to, even including... what is the gentleman's name is over the arena? Mr. Moeller: McDonald? Mr. Dawkins: Yes, even Mr. McDonald states that it is a fly-by-night outfit. As J.L. said, somebody needs to go back and do some homework and then come back and say we tried to resolve it and we didn't, but you are at the right place, but I think what J.L. is trying to say, you haven't gone through the numbers. Mr. Plummer: Well, we basically are a landlord, and also if they don't... if this Commission feels they do something out of line, we have two alternatives. One, we control their budget, and two, we can replace all of the members tomorrow. Now, that is our clout, but if this matter has not even been taken officially before their board, and sat here again, if we are hearing from you today without hearing their side of the issue, we are going to have to hear it all over again. Mayor Suarez: Why don't we refer as to any violations that the Authority can take cognizance of, which I guess is almost everything that you are arguing, to the board, to the Sports Authority Board and make sure, Mr. Manager, that the opposing side has notice, so that they can be represented there. I presume that would be in fact... 140 July 21, 1988 Mr. Plummer: I am assuming that their board meetings... Mayor Suarez: Dacoma. Mr. Plummer: ... that both of them are present anyhow. Mayor Suarez: Right. And then we will entertain whatever the Authority concludes, or otherwise, if you are not satisfied with their determination, come back to the Commission. In the meantime, I think we are going to need a lot of supporting documentation, if you ever come back to this Commission. I don't have any on this item, I don't think, counselor, so you know, not that we are going to try to sit as a labor relations board or anything, but we ought to know in writing what the violations are. I don't believe that we have received that in writing, have we? Mr. Moeller: Not to the best of my knowledge. Mayor Suarez: And it would be helpful in advance for us to be able to review, unless any Commissioner has already reviewed it. I am surprised that Mr. Blaisdell would not have referred you to the board right away for some action on behalf of the Authority, because they act as the City's agency dealing with the arena. Mr. Moeller: Mr. Mayor, I would point out that while we are going through this process, that the City of Miami is exposing itself to liability unnecessarily. Mayor Suarez: OK, how are we doing that? I'm very interested in that. Mr. Moeller: If someone should be on the job there, signed up albeit as independent contractor, but as an employee actually, of this Intercept outfit, if they get hurt on the job, and arguably, there is also a third party tort action where... Mayor Suarez: OK, I thought you meant from some violation of Federal law, or whatever. You are talking about just the regular accident case. Mr. Moeller: Just a regular accident case. If someone get's hurt severely, you can... the City can be held liable, since there is no worker's compensation. Without the worker's compensation, the cap comes off and you look around for other people to be... Mayor Suarez: Which cap? Mr. Moeller: Well, if you are injured on the job, you only have... Mayor Suarez: You know we have sovereign immunity. Mr. Moeller: Right, well, I guess up to $100,000. Mayor Suarez: Mr. City Attorney, we ought to be aware of, if he is making some valid points here on the possibility of exposure to us, we ought to have you look at it and report back to the Commission. Would you do that? Mr. Fernandez: We will, but we take great difference to what he is saying. We don't see it that way. We are in fact, removed several steps from actually the situation he is describing and we have insulation from the situation that he is describing. Mayor Suarez: I would think that Dacoma as an independent contractor with the Authority, which themselves are... Mr. Fernandez: Several layers before. Mayor Suarez: OK, but you know, you might want to alert the City Attorney to that, because we ought to get a response from him, if indeed we have some exposure because of the way they are functioning. We don't like to have any more exposure than what we have, even with sovereign immunity. Mr. Moeller: Thank you. Mayor Suarez: Thank you. 141 July 21, 1988 0 0 43. NICARAGUAN AUGUST PARTY - GRANT REQUEST FOR STREET CLOSURE, ESTABLISHMENT OF PEDESTRIAN MALL, PERMISSION TO SELL BEER AND WINE, ESTABLISH AREA FOR RETAIL PEDDLERS - SUBJECT TO PROVISOS. Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: Mr. Mayor, we had an emergency item that last week and it is fallen over to this week. We have Monsignor Boza here with us today and they are requesting a street closure for an event that is going to be coming up in August, and if they could just address us for a moment, it hasn't... Mayor Suarez: Street closure, where? - I'm sorry, Commissioner. Mr. De Yurre: It has to do with St. John Bosco, at 13th Avenue, between Flagler and 1st Street, NW, and the event... Mayor Suarez: I'll entertain a motion on that unless it is problematic. OK, Monsignor Boza... Mr. De Yurre: Well, I spoke with Officer Longueira, and he's... Mayor Suarez: Did you say he was here? He was here - Monsignor Boza was here? Mr. De Yurre: No. Monsignor Vega is the one that is here, I'm sorry. Mayor Suarez: Good to have you, Monsignor. OK, we have a motion? Mrs. Kennedy: Motion, I'll second it. Mayor Suarez: Seconded. Any discussion? Call the roll. Mr. Fernandez: And what item was that, Mr. Mayor? Mayor Suarez: It is an emergency item. The following resolution was introduced by Commissioner De Yurre, who ' moved its adoption: RESOLUTION NO. 88-704 A RESOLUTION CONCERNING THE NICARAGUAN AUGUST PARTY TO BE CONDUCTED BY THE COMMITTEE OF NICARAGUAN UNION WORKERS AND LABORERS IN EXILE, INC. TO BE HELD AUGUST 6-7, 1988 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: 142 July 21, 1988 6 11 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS DURING ROLL CALL: Mr. Plummer: What was the item? Mrs. Kennedy: Street closure. Ms. Hirai: Street closure for an event, an emergency item that he is Mr. Plummer: What event? Mr. De Yurre: They are having an event St. John Bosco, is... Mr. Plummer: I'm assuming that the Manager has recommended it? Mr. De Yurre: Yes. Mr. Plummer: (OFF MIKE) It had to go through and submit the regular police and fire to indemnify the City. I assume all those items are in order. 44. TROPICAL CLEAN BLUE LAUNDRY SYSTEMS LOCATED IN OVERTOWN SHOPPING CENTER - GRANT ABATEMENT FOR RENT IN THE AMOUNT OF $5,000. Mr. Dawkins: Item C-144 from the last agenda. Mayor Suarez: Item C-144 from the July 14th agenda, is what? Mr. Dawkins: (OFF MIKE) Revocable Mayor Suarez: OK, Mr. Manager, what is the story on that, or, whoever knows? It's Commissioner Dawkins request, but I don't know what is the status, and what are we doing on it? Mrs. Kennedy: Well, the rent is in arrears. Mayor Suarez: Do you want to hear from them? Please! Mr. Robert Williams: My name is Robert Williams, I am the owner of Tropical Clear Blue Laundry Systems and we are requesting abatement from rent from last year, for the reason that we just haven't made any money. As businessman, I am a businessman, I went in there, I was under the assumption that we might be getting more traffic through there with the opening of grocery store, and that hasn't happened, and as a result, I have lost some investments, and I am just asking that you might be able to help me out a little bit by abating the rent. It is in the amount of about $548... no, $5,448. Mr. Dawkins: (OFF MIKE) Do you have anything to add? Mr. Ron Williams: I'm sorry? Mr. Dawkins: (OFF MIKE) Anything to recommend? Mayor Suarez: Any recommendation? Are they an important tenant? Should we do this? Should we not do this? - so they have valid reasons for? Are they crucial to the success of the Overtown Shopping Center? - which hasn't been particularly successful up to now, but we hope will be? Mr. Ron Williams: Mr. Mayor, they have been a steady tenant in there, and we of course, understand the Commission's desire to continue to do what we are doing there, but at the same time trying to improve it, and I think it is our 143 July 21, 1988 position that we would not like to see them leave at this point. We have made some commitments to add other tenants to the shopping center. We're working on that vigorously. Mayor Suarez: How are we doing on those? - because as long as there is no major anchor tenant, I think that they probably are suffering from lack of traffic through there. Mr. Ron Williams: And we understand that. We're very... let me say this, we are closer then we have been on the grocery store and we expanded the space that the County is now operating, so it is reasonable that this tenant be allowed to stay and the City works with them. Mr. Dawkins: How long have they been there? Mrs. Kennedy: They have been in business for one year, right? Mr. Robert Williams: A year, yes, fifteen months. Mr. Ron Williams: A little more than a year, yes. Mr. Dawkins: OK, and for one year, for one year, the City of Miami has been telling them, we are going to get you an anchor tenant. Mr. Ron Williams: That's accurate. Mr. Dawkins: And then each week... each month we charge them rent and you don't get anybody and they are the only tenant there. Mr. Ron Williams: That's right. Mr. Dawkins: So, in reality we lied to them, because we did not do what we said we were going to do. Mr. Ron Williams: Not within the time frame that we thought we could have, Commissioner. Mr. Dawkins: All right, and we are no closer now to putting another tenant in there than we were then. Mr. Ron Williams: We are closer, yes sir. Mr. Dawkins: How close? Mr. Ron Williams: We think within 60 days. Mr. Dawkins: 60 days? Mr. Ron Williams: Yes. Mr. Dawkins: All right, so now, here he has to continue to operate at a loss for 60 days in a facility which we ask them to go into to help us uphill, right? Mr. Ron Williams: That's true. May I suggest this, Commissioner, we in the Administration have no problems and would support your decision to go along with the request of this tenant, and we would continue to work with them as we have in the past, and at least until we get the anchor tenant and get more activity in there, come back before you and recommend some kind of alternative structure. Mr. Dawkins: All right, so what you are saying is, go along until you get the tenant and then have them come back and we make an abatement? Mr. Ron Williams: We would propose a recommendation to you at some point. Mr. Dawkins: All right, suppose the gentleman can no longer sustain the losses, and when you decide to come and tell that the rebatee is out of business. What do we do then? Mr. Ron Williams: No, I am sorry. What I intended to say, Commissioner is that we support abatement at this point, OK, and that we think that it is 144 July 21, 1988 C. 0 reasonable for us to come back to you and make a recommendation on a longer term rent structure, once we have kept the City's commitment to this tenant and others with regard to the anchor tenant. Mr. Dawkins: OK, well, through the Manager, to you, would you say then that we should refer this to Administration to come back with the amount that we should abate and the new rent structure? Mr. Ron Williams. We think that it is clear the City has not been able to fully comply with its intentions there up to this point. We think that a longer term arrangement, Commissioner Dawkins, meaning something forward of the time that we are able to secure that anchor tenant, is the time in which we should come back to you and make a recommendation. We think at this point that an abatement would be within the policy considerations of the Commission and somewhat consistent with your desire to have tenants in the shopping center. Mr. Dawkins: OK, what I am saying is, he is saying $5,000 and I am asking you as a professional, what do you say? That's what I am trying to get to, Mr. Williams. Mr. Ron Williams: We would agree with that. Mr. Dawkins: You would agree with that? So move. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-705 A MOTION GRANTING AN ABATEMENT FOR RENT IN THE AMOUNT OF $5,000 TO TROPICAL CLEAR BLUE LAUNDRY SYSTEMS LOCATED IN THE OVERTOWN SHOPPING CENTER AT 1490 NW 3RD AVENUE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: And Mr. Manager, I don't think we need a motion, do we, to the effect that if that tenant, or that contracting party, that we awarded the shopping center to has not acted within.. for my preference, within 30 days, we are going to have to look at other people. There were quite a few bidders, if I remember correctly, weren't there, Ron? Mr. Ron Williams: That's true, Mr. Mayor, and we have done that. We have provided each of those tenants, or potential tenants... Mayor Suarez: You've done what, you have given them 30 days notice that if they didn't start moving, we'd go to somebody else? Mr. Ron Williams: We gave them until June 15th and to this point, the grocery store potential tenant, is the only one that has come to us and we think that we are much, much closer towards getting an agreement so that they can go in there, so we would like to continue working with them, and we are that close. The others, we, absolutely agree with you. Mayor Suarez: But I don't even have to ask you, or make a formal motion that if by the next Commission meeting in September we are not fully contracted 145 July 21, 1988 0 0 with them, we are going to have to go to the other party. Do I have to make that motion? Mr. Ron Williams: No, you don't. Mayor Suarez: Thank you. Mr. Robert Williams. Thank you. 45. SECOND READING ORDINANCE: CREATE CHAPTER 13.B OF THE CODE - IMPOSE A "SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE" TO ACCOMMODATE IMPACTS OF NEW DEVELOPMENT. Mayor Suarez: OK, item 12 of today's agenda, regular agenda. Second reading of the ordinance for supplemental fees. Mr. Dawkins: Move it. Mayor Suarez: SE Overtown/Park West Developments supplemental fee. Moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Second, any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA CREATING A NEW CHAPTER 13.B OF THE CITY CODE IMPOSING A "SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT SUPPLEMENTAL FEE" NECESSARY TO ACCOMMODATE THE REGIONAL IMPACTS OF NEW SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT; SETTING FORTH FINDINGS AND INTENT; PROVIDING THE AUTHORITY THEREFORE; PROVIDING DEFINITIONS; PROVIDING FOR IMPOSITION AND PAYMENT OF FEES; PROVIDING FOR DETERMINATION OF FEES; PROVIDING A PROCEDURE FOR CALCULATION OF FEES; PROVIDING FOR ADMINISTRATION OF FEES; PROVIDING FOR BONDING FEE -RELATED PROJECTS; PROVIDING APPELLATE PROCEDURES; AND PROVIDING EFFECT AND RELATIONSHIP TO OTHER FEES. Passed on its first reading by title at the meeting of June 23, 1988, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10465. 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. 146 July 21, 1988 0 0 46. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE CONSENTING TO MERGER OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION, AS WELL. AS ASSUMPTION OF FRANCHISE OBLIGATIONS TO CITY BY ELIZABETHTOWN GAS COMPANY OF NEW JERSEY (N.U.I. SUBSIDIARY) (See label 50). Mayor Suarez: Item 15. Mr. Plummer: What is the revenue to the City, Mr. Manager? Mr. Manager, what revenue is the City going to derive from this contract? Mr. Fernandez: Well, in item 15, we have clarification that we'd like to make in this item, Commissioner Plummer, and you will understand why. This item, by passing this ordinance in fact, it is an estoppel to the City that we are consenting to an acquisition, or merger of these two companies. We presently receive fees from a franchise agreement that we have with City Gas. City Gas is being merged for taking over by Elizabethtown Gas Company, NUI. Ms. Sheila Halpern: It's a wholly owned subsidiary of NUI Corporation. Mr. Fernandez: Right, and so to that extent, the caution that we are making here and the language that we have added to the ordinance in front of you is language to the extent that giving the City Attorney time to make sure that all the requirements that we are setting forth are principally the fact that they are up to date in their payments to the City of the franchise fee, because if we consent to the merger without making sure that all the fees are paid, we may have in fact, waived them. Mr. Plummer: Does the City have to consent to the transfer or merger? Mr. Fernandez: Yes. Ms. Halpern: Yes, it is required by the franchise. Mr. Fernandez: Yes, it is. We cannot withhold consent, but we may impose all requirements that are reasonable. We need to ascertain that all the insurance requirements of the now mother company in fact, contemplate the City... Mayor Suarez: But that is built into the agreement, right? - at the... Ms. Halpern: It's built into the ordinance and your Assistant City Attorney has checked our fees. We are current. We submitted the information about the insurance to you from the other company, saying that they will in fact, provide you with the same insurance that we currently have. Mr. Plummer: Do we know anything about this company that is buying them out, I mean, are they reliable, are they substantial? Mr. Jack Langer: They have been in business since 1855. Mr. Plummer: That doesn't mean they are substantial. Mrs. Kennedy: Are they in good standing? Mr. Langer: Yes, they are, they are a New York Stock Exchange Company. We gave the annual report to the Assistant City Attorney. Mr. Fernandez: All right, as of last night when we prepared this, we didn't have it. Apparently this morning, Assistant City Attorney Kearson has been in communication with City Gas and their attorney and they have provided us all of the documentation that we need. Mr. Odio: It is all in Dunn 6 Bradstreet here. Mr. Fernandez: That's right, to satisfy, so that it can come to you with my full recommendation that it is proper as to all the legal issues. 147 July 21, 1988 0 • Mr. Plummer: All right, let me ask a question. What are the obligations... well, first of all, what does the City receive in a franchise fee? Mr. I'm checking. Mr. Plummer: We don't know? Ms. Halpern: Six percent of gross revenues. Mr. Plummer: Well, what is that? Is that $2.00, $200.00? Mr. Langer: In your calendar year 1987, $27,000. Mr. Plummer: All right. What in the contract, if any, is the obligations to supply the City, not the City. What I am getting at is very simple, and this is personal. Gas lines go within two blocks of my house. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, not necessarily, but I am saying, how do you go about expanding, or is there a requirement in the franchise that says that you've got to take it beyond his house, which where it exists, and take it to my house - what is the obligation? Mrs. Kennedy: Before you answer, could you please put your name on the record and your address? Mr. Jack Langer: Jack Langer, president of City Gas Company. There is a feasibility, Commissioner. Now, there are two gas companies that serve the City of Miami. We serve, and also, People's Gas Company. I don't know which line is near you... Mr. Plummer: It is immaterial. I'm saying, what is it? Mr. Langer: There's a feasibility and it is spelled out in our rules and regulations, depending upon what kind of consumption you have and how much it costs us to run the line to you, but there is a feasibility set down in black and white. Mr. Plummer: So in other words, what you are saying and I am assuming that the City Attorney is backing up, that there is no obligation on your part, by being granted a franchise fee, to in fact, service all people that request? Mr. Langer: Yes, we will serve if it is feasible, and if it is not feasible, we will also serve if the person makes and aids in construction to run the line to them. Mr. Plummer: And how do you determine? Obviously, you have not tried to make it, and I don't know if it is you, excuse me. Mr. Langer: I don't know if it is our line. Mr. Plummer: Whatever that line is that runs down Alatka, and it has been there, and stopped and never gone any further for years, to afford the people of my neighborhood. Now, I am asking for, I guess for personal reasons. Usually you are mandated in a franchise that you have to provide service to the public, and there has been nothing in my neighborhood in reference to natural gas, which supposedly is a hell of a lot cheaper than electricity, yet it is two blocks away from my house. You have no obligation? What is the obligation, Mr. City Attorney, in this franchise, to make their services available? Mr. Fernandez: I cannot answer... Mr. Plummer: The electric company, they have to provide anyone that wants service. The telephone company, in a franchise has to provide service. The water department has to provide service. Now, is... Mr. Langer: Have you requested it of the gas company in your area? Mr. Plummer: I've asked two or three times of the Administration, you know, what is in fact, a way that this gas line is expanded, or continued, and I never get an answer, that is why I am asking now. 148 July 21, 1988 0 0 Mr. Bob Clark: (OFF MIKE) We have the original franchise agreement, we have to review this. Mr. Fernandez: We would have to fully review the agreement to see what the obligation of the franchisees are in this regard. However, that is not the substance of the... Mr. Plummer: Well, if it is an obligation and they have not done it, then I would say that there is questions about transferring, if there is such an obligation. Mr. Mayor, let them look this over and come back in the next half hour, if they can read it over. Mayor Suarez: Table the item. AT THIS POINT, THIS ITEM WAS TABLED. ----------------------------------------------------------------------------- 47. DRUG SCREENING SERVICES TO DEPARTMENT OF PERSONNEL MANAGEMENT - CONTINUED DISCUSSION - AUTHORIZE EXECUTION OF AGREEMENT WITH CONSULAB, INC. (See label 40). Mr. Odio: Mr. Mayor, item 5 with the drug testing, was that tabled? Mayor Suarez: No, I guess we were doing something with it. Mr. Odio: We need to pass that. We can do... Mayor Suarez: What did we do with it? It was modifications, and somebody wanted to look at the agreement? Commissioner Plummer? Mr. Plummer: No, all I said was the record that I did not have a copy in my kit. Mayor Suarez: I'll entertain a motion on item 5. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Suarez: Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-706 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CONSULAB, INC., TO PROVIDE DRUG SCREENING SERVICES TO THE DEPARTMENT OF PERSONNEL MANAGEMENT FOR THE PERIOD OF ONE YEAR AT A PROPOSED COST OF $80,000; ALLOCATING FUNDS FROM BUDGETED FUNDS OF THE CITY'S ADMINISTRATIVE DEPARTMENTS AND FROM SPECIAL PROGRAMS AND ACCOUNTS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: 149 July 21, 1988 4 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 48. FIRST READING ORDINANCE: AMEND CODE SEC. 2-313 - CORRECT SCRIVENER'S ERROR IN DEFINITION OF TERM "LOBBYIST". Mayor Suarez: Item 16, scrivener's error. Mr. Fernandez: Yes, this is just an amendment to the ordinance to correct a scrivener error that left out the word "without." The way that it was printed said, "with" and all along it should have been "without." Mrs. Kennedy: Move it. Mayor Suarez: It came out backwards, right? Mrs. Kennedy: Move it. Mayor Suarez: Moved, seconded. Any discussion? Call the roll. Mr. Fernandez: No, first I have to read it: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 2-313 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CORRECT A SCRIVENER'S ERROR IN THE DEFINITION OF THE TERM "LOBBYIST" AS SUCH TERM APPEARS IN THE CITY'S ORDINANCE WHICH GENERALLY REQUIRES THAT PERSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CITY REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES, TO PROVIDE BY SUCH CORRECTION THAT PERSONS ENGAGING IN SUCH ACTIVITY IN BEHALF OF THEMSELVES OR IN REPRESENTATION OF OTHERS WITHOUT COMPENSATION OR REIMBURSEMENT NEED NOT SO REGISTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 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: Let me ask a question as long as we have touched upon the lobbying ordinance. Does this require, or am I confused, that it requires registration even if someone just comes to speak to one of the Commissioners on any matter? Mr. Odio: I understand that it does. 150 July 21, 1988 0 a ■ Mr. Fernandez: My understanding is that it does. Mayor Suarez: Any ideas from the Commission as to whether it makes sense to continue that, or to modify the ordinance to only mean apply to... I would only apply it to Commission hearings, actually, myself - any planning and zoning and other kinds of hearings. Mrs. Kennedy: It is hard to talk to anybody else in the City, if we really apply it. Mayor Suarez: It is very difficult, because I mean, you could be talking to somebody about any matter, and it turns out that indirectly, they are trying to influence your vote, and they should be registered, I mean that doesn't... if they have any pecuniary advantage from it, which... Mr. Fernandez: The test is when a decision is to be made by the Commission, or by one of the boards that we are talking... Mayor Suarez: I see. Mr. Fernandez: That should be the test. Mayor Suarez: I suppose that is some safeguard. ------------------------------------------------------------------------------ 49. (A) AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI (FISCAL YEAR 10/1/88 - 9/30/89). (B) SET PUBLIC HEARING DATES OF SEPTEMBER 9 AND 22, 1988 IN CONNECTION WITH ADOPTION OF PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR FISCAL YEAR 10/1/88 - 9/30/89. --------------------------- -------------------------------------------------- Mayor Suarez: OK, item 17. Mr. Manohar Surana: Mayor and members of the City Commission, we are proposing operating millage for next year, same as current year, which is 9.5995, and for debt service 2.3381, and increase of .1157, from current rate of 2.2224. Mayor Suarez: Why the increase in the debt service? Mr. Surana: This current fiscal year, we had some surplus fund balance which we used to offset the cost, and it is not available next year. Mayor Suarez: What is the total yearly payment of debt at this point? Is it going down in the next few years? I know the voters haven't been approving too many bonds, so... Mr. Surana: It is going down roughly $300,000 next year. Mayor Suarez: $300,000? Mr. Surana: Yes. Mayor Suarez: Do we anticipate that year there will be a reduction in debt service millage rate then, unless those new bonds are passed? Mr. Surana: I guess probably they will remain the same, or they go a little bit lower, yes. Mayor Suarez: Well, it should be quite a bit lower if you have any kind of a valuation increase and less money to be paid out. Mr. Surana: Yes, it should. Mayor Suarez: About a six percent decrease, I would think. Mr. Surana: I hope about five percent. 151 July 21, 1988 0 0 Mayor Suarez: But this year we don't feel that just yet? What was last year's total payments? Mr. Surana: Last year's total payments was total payments was $26.4 million. Mayor Suarez: And this year? Mr. Surana: $26.1 million. Mayor Suarez: So even though we are going down and the valuation of the properties have gone up by six percent, somehow our debt service millage rate is higher. Why? Mr. Surana: Yes, we use $2 million of fund balance, which is not available next year. Mayor Suarez: Ah ha! We're increasing the fund balance even as to the debt service? Mr. Surana: Yes, what is happening, in current fiscal year, we used $2 million of fund balance. What happened because of that, the requirements of property take was lower. Mayor Suarez: The requirements of what? Mr. Surana: Property take was lower current fiscal year. Mayor Suarez: Yes. Mr. Surana: Next year, we don't... Mayor Suarez: What was the balance before? Give me all the figures. Mr. Surana: OK. In 1988, our property debt requirement was roughly $21 million. Mayor Suarez: Right. Mr. Surana: And $2 million fund balance, and roughly... Mayor Suarez: What about the year before? What was the fund balance the year before in debt service? Mr. Surana: I don't know that one. Mayor Suarez: I tell you, unless you have a darned good reason for increasing the fund balance when our debt service is going down, and valuation going up, it would seem to make sense to me to have a lower, or at least no higher debt service millage rate. I don't see where we should go higher. People are going to get that at home and they are going to look at their overall millage rate and say that it has gone up. Mr. Dawkins: But that is the same thing we did last year, we sat here and told people that we were reducing the millage and then you use the $2 million fund balance, so really we play with numbers. We're doing the same thing now. Mayor Suarez: But the debt service fund balance is actually not been going down. In fact, I think it has been going up, what I can tell, but you don't have those figures. Why don't you get those, Mano, while we consider the regular millage rate? You must have those handy somewhere. Mrs. Kennedy: Mano, let me also ask you something. I was reading in The Miami Herald today that Mr. Manager, you are proposing to cut the Department of Development staff almost in half and those savings, almost $765,000 would not require layoffs, because several positions are vacant and several other employees are expected to move into vacancies in the DDA. Which positions are these that you are referring to? Mr. Odio: That was speculation. We have not decided to move anyone into DDA, but we are... the Department of Development has substantially been reduced by attrition and vacancies, and we are not filling the positions. We have moved four people out already to the International Trade Board, so the department has been reduced. 152 July 21, 1988 0 Mrs. Kennedy: Have they stayed with the same salaries? Mr. Odio: But the reason we are able to hold the millage level at the same as last year has been because of the measures taken throughout this year, and this budget is more based on actual expenditures than on projections, the line items are. Mr. Plummer: Well, the millage is the same as last year? Mr. Odio: Yes, sir. Mr. Surana: Yes, sir. Mr. Odio: As this current year. Mr. Plummer: What did I read in the morning tabloid about the millage was going up 3.2? Mr. Odio: No, it is not, and that's misleading at best. The assessed value of the properties are going up 3.2 percent, therefore if your property value went up, then your taxes go up accordingly, but it... Mr. Plummer: It is not even that intelligent, actually. What they do, is they take what they call an average home, which doesn't exist, and it is a really silly calculation, because no... a huge percentage of the homes in the City of Miami do not have any increased valuation, so they would not have any higher taxes. Mr. Odio: It really hurt, because I don't want to tell you how much effort it has taken to maintain the level of the millage at the same level as this year and certainly if you compare 9595 to 1985, which was 9.85, and with inflation costs and labor costs going up, I think it's a major achievement and I am very grateful to all of the department directors for having gone through that. Mayor Suarez: I might add, Commissioner Plummer, and I am sure you are familiar with this from the League of Cities, that there is a movement afoot, and six mayors in the urban coalition have been considering supporting it, to eliminating that portion of the trim bill that requires us to say that we are increasing taxes, when we are actually keeping the millage rate the same, because otherwise, we are going to the public and we are saying, as we are going to have to do today, that we are increasing your taxes because we are not able to go back to the rollback rate, because of increased valuation and we are really not increasing taxes for anyone whose home has not going up in value, in fact, they will be the same. Some people, conceivably, their homes have gone down in value for whatever reason, assessment -wise, might actually have a reduction. Mr. De Yurre: How much money are we talking about in millions? Mr. Odio: $196 million. Mr. De Yurre: And what is the difference from last year? Mr. Odio: $184 million Mr. Surana: About $11 million. Mr. Odio: $11 million. Mr. De Yurre: So we are getting an additional $11 from what we had last year. Mr. Odio: You are getting a budget for $196 million, which is an additional $11, with the same millage as this year. Mayor Suarez: What about just the real estate tax portion of that, is about a $6 million increase I presume? Mr. Surana: About $5 million. Mayor Suarez: I thought our valuation and new construction was about six percent? 153 July 21, 1988 0 0 Mr. Surana: Yes, the tax roll rate about $545 million. $545 million. We get 95 percent of the revenue, and our millage is low. It is not ten mill. Mayor Suarez: OK, I saw the chart in the Herald that had the County going up by seven percent and our... you know, it has a little graph, and our portion of the graph looked like six percent, but apparently it is five and one-half percent. Mr. Surana: For your information, Dade County, going at six percent over rollback rate. Dade County School Board going at 5.4 percent. Mayor Suarez: Now, is Dade County's millage rate going up six percent, is Dade County's just average home taxed at... Mr. Surana: No, Dade County for City of Miami, going up by six percent... Mayor Suarez: Yes, but what is, the millage rate is going up six percent? Mr. Surana: No, our rollback rate. Our rollback rate. Mr. Odio: The County is increasing taxes. Mr. Surana: County increasing tax. Mr. Odio: And they are increasing their millage. Mr. Surana: The School Board is increasing it. In Broward County, they went six percent. Ft. Lauderdale went four percent. Mayor Suarez: Well, but see... Mr. Plummer: Has anybody... excuse me. Mayor Suarez: No, I was just going to say, if they are increasing six percent over rollback rate, and if they had no new construction, and if their valuation went up by about six percent, for all I know, they are keeping their millage rate the same. What is their actual millage rate? Is it going up for the County? I thought it was. Mr. Surana: Yes, it is going up, yes. Mr. Plummer: My question is, has anybody in the Administration addressed the cuts in the Metro budget as they relate to the City of Miami? Mayor Suarez: That's an interesting question. Mr. Plummer: We know that of every dollar collected in the County budget, 27 percent comes from the City of Miami, OK? Now, has anybody done an analysis of the proposed cuts to see how it affects the City of Miami? Mr. Surana: Commissioner, we hardly get any revenue from Dade County to support our general fund budget. Mr. Plummer: That's not what I am talking about. I am talking about in programs. Mayor Suarez: Yes, things like services that we may have to substitute. Mr. Surana: We'll do that. Mr. Plummer: I think that is very important that you go and fight somebody in this City, first identify what the cuts are, and how they relate to this City, and somebody needs to be there as an advocate for the City. Mayor Suarez: I have an idea. How about our lobbying firm? Are they constrained to Tallahassee? Can they also not look at the County budget and see what items might affect us? Mr. Surana: We'll check it out. 154 July 21, 1988 0 0 Mayor Suarez: Put Holland Knight to work. What is the reserve balance that you are projecting with that millage rate? - on the operating fund balance, not debt service. Mr. Surana: OK, Mayor in 1986, we used $1.7 million fund balance in debt service. Mayor Suarez: We kept $1.7 million. Mr. Surana: We had to use it. OK, 1987 that fund balance was gone, so had zero, we used it. Mayor Suarez: We went all the way down to zero? Mr. Surana: Right. Mayor Suarez: And now we are going back up to two? Mr. Surana: No, 1988, we got fund balance up to a million dollars which we used it. Carlos told me we don't have any more fund balance which we can use in next year's budget. Mr. Plummer: What contingency fund do you have? Mayor Suarez: That's it, the fund balance. Mr. Surana: Well, in debt service you don't need contingency because... Mr. Plummer: Not in debt service. What contingency fund do you have in the general fund? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, no, for example, let me ask a question - God forbid, do we have the $1 million set aside for the... if we were to have a hurricane, for cleanup? Mr. Surana: No, no, Commissioner, we are talking about debt service... Mr. Plummer: I am talking about general fund. Mr. Surana: Oh, OK. Yes, we will have money for hurricanes. Mr. Plummer: No, no! How much is the contingency? OK, that is fine, thank you. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, I got my answer Mr. Manager. He knows how to do it. You see, if you had a turban, you would know how to do those things. You understood his answer? Thank you, sir. Mr. Surana: You are welcome. Mayor Suarez: I missed the answer to the question of what the fund balance is projected to be. I know that the Manager has told me what it is supposed to be, but I... Mr. Plummer: For the general fund, or debt? Mayor Suarez: Yes, the general fund, I'm sorry. No, I've gone through the debt service, and I think I am going to lose... I want it for the record. What is it projected to be? Mr. Plummer: Mr. Mayor, I think there is a reason for not putting it on the record. I accepted it because they are still in negotiations and I think that it would be unfair... Mayor Suarez: No, no, but I mean at the end of the... not this fiscal year, but the other fiscal year. Mr. Surana: I'll come and give you numbers, Mr. Mayor. 155 July 21, 1988 0 0 Mayor Suarez: The media knows I want it for the record. What are you projecting on this particular budget to be the fund balance at the end of the year? Mr. Plummer: Somewhere between this and this. Mr. Odio: Between zero and something. No, I expect that... we have to say it, huh? I think it is between $10 and 13 million. Mayor Suarez: I know one newspaper knows the figure, because we talked about it yesterday and they talked about it with Mano and they talked about it with you anyway. Mr. Odio: Between $6 and $12 million. Mayor Suarez: You are giving me quite a range. OK. When are we going to know a little bit better? Mr. Odio: It is better than zero, as it looked like in January, so... Mr. Surana: I would say about three weeks. Mr. Odio: I want you to know we lost exactly... Mayor Suarez: What are you building in as the projection for the fund balance at the end of the fiscal year which begins in September... October 1, 1988 and ends September 30, 1989? Mr. Odio: I would like to maintain the same fund balance, which we ended up this year, if we can. Mayor Suarez: And since it is the same as a range of $6 million, you are saying that you would like to maintain that same range? Mr. Odio: Six to twelve, yes, sir. Mayor Suarez: When are you going to know the answer, at least as a projection, what it will be? Mr. Odio: Well, as far as this year? Mayor Suarez: No, the one projected for the end of the next fiscal year. Mr. Odio: Well, what I am saying is, this budget that we have prepared now, that you will see in September is very close to actual. I am not projecting a lot of savings from this budget, if the line items hold true to the past experiences; however, if we maintain intact the fund balance that we are going to end up this year, which is what I'd like to do, we would still have the same fund balance. Mayor Suarez: OK, you would be shooting for the same fund balance. Mr. Odio: So, if we have any savings next year, it will add up to the fund balance that we now have, or will have, hopefully. Mayor Suarez: Anytime you have savings, they add up to the fund balance, but I appreciate you telling me that anyhow. Mr. Plummer: Mr. Manager, we are supposed to have the budget before August 1st. Mr. Surana: August 31st. Mr. Odio: We were? Mr. Plummer: Yes, sir, that is the policy of this Commission. Mr. Odio: I didn't know that policy existed. Mr. Plummer: That's what we have the month of August, to study budget. 156 July 21, 1988 0 0 Mr. Odio: I have been here ten years, Commissioner, and I've never been... I don't want to read it. You will have it next week, the first week of August. Mr. Plummer: That will be fine, that's when we will be able to study it, during the month of August, while we are on vacation. Mayor Suarez: Now, the tough calculation. On the debt service millage rate, if you kept it the same, what would your fund balance be, instead of increasing it? Carlos? Mr. Carlos Garcia: I'm sorry, what is the question on fund balance? Mayor Suarez: You are increasing the debt service millage rate slightly. Mr. Garcia: The reason is last year we used quite a bit of fund balance, and this year, we are running out of fund balance, therefore we cannot keep... Mayor Suarez: I have heard all of that. Mr. Garcia: ... appropriating it. Mayor Suarez: Now, if we kept it the same, what would the fund balance be at the end of the upcoming fiscal year? - if you kept the same millage rate? Mr. Garcia: I haven't seen the numbers, Mr. Mayor, I couldn't answer that now. Mayor Suarez: You are producing roughly $21 million a year, with a millage rate of how much? - on a tax base of $100 million roughly, I mean $10 billion? Mr. Surana: If you go back to same millage as last year, you probably have to find another $1.2 million somewhere. Mayor Suarez: So that would reduce your fund balance estimated at $2 million down to $800,0007 Mr. Surana: No, Mr. Mayor. Mayor Suarez: As opposed to zero, which you had at the end of this year. Mr. Surana: No, Mayor, let me clarify. In 1988, we used... we had a $200 million fund balance, which we used in 1988. Mayor Suarez: We didn't, because 1988 is not finished until September 30th. Mr. Surana: No, cprre.nt fiscal year. Mayor Suarez: Right, so we... Mr. Surana: OK, as of 1987, we had a $2 million fund balance, which we used in '88. Mayor Suarez: I got you, October 1, 1987, right. Mr. Surana: We used it. Now, we don't have that fund balance, it is gone. Mayor Suarez: OK, what do you project it to be in September 30, 1988? Mr. Surana: Zero. Mayor Suarez: OK, and you want to build up a $2 million fund balance, you told me. Mr. Surana: No, no, we are not saying that. Mayor Suarez: You want it to be just even. Mr. Odio; Took them out, zero. Mr. Surana: Zero. Mayor Suarez: No fund balance in the debt service? 157 July 21, 1988 0 0 Mr. Surana: Yes sir, zero. Mr. Odio: We are trying to make it even every year. Mr. Surana: Right. Mayor Suarez: Start the year with zero, end the year with zero, and somehow, even though you are needing to pay less money and the valuation has gone up by 5.5 percent, we need... Mr. Odio: What we need is something... Mayor Suarez: Can I finish my equation here for a second? Mr. Manager, somehow you need a higher millage rate. I don't buy it. Mr. Surana: No, OK, I can... Mr. Odio: We subsidized the debt service millage this current year, we subsidized it. We took $2 million, and instead of passing it out to the taxpayers, we said, we have $2 million here, we'll keep the millage low and that is what we did. Mayor Suarez: That's very interesting and that is all applicable to this fiscal year, but not the next fiscal year. Mr. Odio: Because we have zero dollars we can use now in the debt service. Mr. Surana: I can explain the issue, Mayor... Mayor Suarez: Ah ha! Wait a minute, OK, we started off the year with $2 million, ended up with zero? Mr. Surana: OK, right. We had $2 million, we lost it. Mayor Suarez: It's too bad, but I do not remember that, but, you are now telling me that and as Commissioner De Yurre says, we don't have a prospectus in front of us, we don't have all of the figures, so we are going to have to trust you on this one, huh? Mr. Odio: You can always approve a 10.0 millage today and we can always roll it back in September. Mayor Suarez: We can always do a lot of things, but I want to do it intelligently, knowing the figures, having the figures at our disposal. Anything else from the Commission? Mr. De Yurre: I think since what we are talking about is a cap, we have got time to bring it back within what we feel is, we are comfortable with, I'll move it to approve it as it is and then we can study it in the next few weeks. Mayor Suarez: So moved. Mrs. Kennedy: Second Mayor Suarez: Second. Are you going to address that motion? Typically we just set this... Ms. Halpern: No, I'm not. Mr. Plummer: No, she's the gas company. Mayor Suarez: Yes, typically, we just set this, it is not really a public hearing, we just set it so we can advise the public in accordance with the Turn bill. Mr. Plummer: I don't think she wants to talk on this issue. Ms. Sheila Halpern: I don't want to address this. Mayor Suarez: I'm also telling the rest of you, I do want to say that, and again, my vote, favorably is not going to be an indication that I want to 158 July 21, 1988 0 0 stick to the existing millage rate, particularly since you are increasing debt service. I may very well want to vote with the motion to decrease slightly, at least so that the overall millage rate doesn't go up. Mr. Plummer: But Mr. Mayor, it has to be understood that a very crazy law is being complied with. There is absolutely no way in good conscience I could vote for any millage without the backup documents to justify what the millage is. You can't, and I can't. We are setting a maximum rate, because of the law that says we have to establish the millage now, we are establishing it, but I have to tell you, as you have said before, this is absolutely crazy to establish anything without knowing what the money is going to be spent for. It's crazy! Mayor Suarez: Well, but there have been a lot of workshops and as it turns out, at least as to myself, I've had somebody from my staff... Mr. Plummer: Yes, after we set the millage. Mayor Suarez: No, but I mean, there have been workshops up to now, my staff has been attending them and I've got a very good report from one of my staff members, Jeffrey Bartel, who has done a magnificent job. OK, anything else from the Commission? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-707 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Surana: Mayor, one more thing. We have to set up the date, for first public hearing and second public hearing. Mayor Suarez: OK, they are going to be when? Mr. Surana: On first public hearing, we have the date September 9th. Mayor Suarez: September 9th is the first public hearing? - and the second? Mr. Surana: Yes. 22nd. Mayor Suarez: The 22nd of September. Mr. Surana: The reason we cannot have on September 8th, because Dade County is having their hearing. Yes, we can have that, no problem, yes. Mayor Suarez: 9th and 22nd, those are two Commission meetings, presumably. Mr. Plummer: As long as it is after 5:00 o'clock. Mr. Surana: 5:00 o'clock. Mayor Suarez: OK, I'll take that in the form of a motion. 159 July 21, 1988 • Mr. Plummer: So moved. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-708 A MOTION SETTING THE PUBLIC HEARING DATES OF SEPTEMBER 9 AND SEPTEMBER 22, 1988, BOTH TO BEGIN AT 5:05 P.M. IN CONNECTION WITH ADOPTION OF THE PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 50. (CONTINUED DISCUSSION) FIRST READING ORDINANCE: CONSENT TO MERGER OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION, AS WELL AS ASSUMPTION OF FRANCHISE OBLIGATIONS TO THE CITY BY ELIZABETHTOWN GAS COMPANY OF NEW JERSEY (N.U.I. SUBSIDIARY) (See label 46). Ms. Sheila Halpern: Mr. Mayor, may I ask you to reopen item number 15, which you temporarily tabled, about the gas company, while we... Mayor Suarez: Are we satisfied on that, counselor? Mr. Plummer: I asked a question. Ms. Linda Kearson: Just for information, Commissioner Plummer, the gas company that is in your area is People's Gas Company. Mr. Plummer: But that is immaterial. Ms. Kearson: OK, but in the ordinance itself, which was adopted back in 1974, there are provisions which allow the City of Miami to within reason, make suggestions as to where certain pipes should be laid. That is all subject to the Public Service Commission and the feasibility of the request. That's on page three of the ordinance. Mr. Plummer: That doesn't answer my question, to tell a... Ms. Halpern: There is no obligation in the ordinance to go anywhere upon any request. Unlike the electric company and the water company, which every citizen needs and uses, not every citizen uses gas service. You have to have electric lights, you have to have running water, but would it be fair to all of the citizens of the City, if someone who wanted a barbecue, and was five miles from the nearest line, required the gas company to run that line to them, at the expense of all of the rate payers? Mr. Plummer: It is at the expense of the public right-of-way that you are using, OK? - for which you are paying $27,000, your company last year. What you are saying to me is, there is no obligation on behalf of the gas company. Is that an exclusive franchise? 160 July 21, 1988 0 0 Ms. Kearson: No, sir, it is not. Mr. Plummer: It is not. OK. I'll move 15. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Is it an ordinance, or a resolution? Mr. Fernandez: It is an ordinance. Mayor Suarez: Read the ordinance. If you give your opinion one more time of something I ask staff, I am going to charge you. Go ahead! Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE ACKNOWLEDGING AND CONSENTING TO MERGER OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION AND TO ASSUMPTION OF FRANCHISE OBLIGATIONS TO THE CITY BY ELIZABETHTOWN GAS COMPANY OF NEW JERSEY, A WHOLLY - OWNED SUBSIDIARY OF N.U.I. CORPORATION PURSUANT TO NATURAL GAS FRANCHISE WITH THE CITY OF MIAMI; SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN; 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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor 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. ------------------------------------------------------------------------------ 51. (A) AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED MILLAGE RATE FOR FISCAL YEAR 10/1/88 - 9/30/89. (B) SET PUBLIC HEARING DATES OF SEPTEMBER 9 AND 22, 1988, IN CONNECTION WITH ADOPTION OF PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT (FY 10/1/88 - 9/30/89). ------------------------------------------------------------------------------ Mayor Suarez: Item 18, downtown millage rate, what are you recommending? The usual? Mr. Peter Andolina: Peter Andolina, acting executive director of Downtown Development Authority. Yes, sir, I am recommending the maximum allowable under the law, which is a half mill. Mayor Suarez: I'll entertain a motion on the maximum millage rate. Mr. Plummer: Here again, this is to be set at the highest level which we can reduce at a later time. We've not seen their budget or how they propose to spend it. I'll move it. Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. 161 July 21, 1988 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-709 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy Mayor Suarez: Excuse me, Mayor, we also have to set the public hearing dates for the DDA, which are generally the same as the... Mayor Suarez: OK, I'll entertain a motion to set those same dates. Mr. Plummer: Same dates, I move. Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor Suarez: Second the dates. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-710 A MOTION SETTING THE PUBLIC HEARING DATES OF SEPTEMBER 9, AND SEPTEMBER 22, 1988, BOTH TO BEGIN AT 5:05 P.M., IN CONNECTION WITH ADOPTION OF THE PROPOSED MILLAGE RATE AND APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy Mr. Plummer: Let me just ask a quick question. We are anticipating moving the Department of Development over to DDA, under that, is that correct? Mr. Andolina: I have not been advised of that, sir. Mayor Suarez: No, there is some possibility of some staff people being moved over, if they are in fact... Mr. Plummer: Utilized. 162 July 21, 1988 0 0 Mayor Suarez: Right. Peter, when you present back to the Commission, make sure you do what the County typically does on its budget, and other agencies, which is to show, because of the request that I know you have told me that you have got from the City Manager to allocate $160,000 to $170,000 to salaries of Planning Department employees - show what that will do to our capital plan, if we follow that route, and if we don't follow that route, let the Commission decide, because that will show the people in Brickell and the Omni and downtown, what it might do to our capital improvement plans over there and if the Commission wants to take that route, that is fine. Mr. Plummer: Have you chosen a new executive director yet? Mayor Suarez: No. Expecting a recommendation at the next DDA meeting. -------- ------ --------------------------------------------------------------- 52. MIAMI TELE-COMMUNICATIONS, INC - APPROVE AGREEMENT TO RESOLVE OUTSTANDING ISSUES IN DISPUTE - PROVIDE TERMS OF APPROVAL OF I -NET (INSTITUTIONAL CABLE NETWORK) AND THE RELEASE OF $500,000 FROM THE SECURITY FUND. Mayor Suarez: Item 19, TCI. Ms. Mary Sue Smoller: Mr. Mayor, Commissioners, I am Mary Sue Smoller, Cable Communications Administrator, Department of Computers. We recommend that City Commission adopt the resolution approving the agreement between the City of Miami and Miami Tele-Communications, Inc. It is a result of extended negotiations to resolve some pretty thorny issues without having to go through litigation. It benefits the City greatly, and it also benefits the company, and therefore we recommend approval. Mayor Suarez: Thank you, Sue. That's almost incredible, that some settlement of a dispute can actually benefit both sides, and both are satisfied, but I have to defer to staff judgment for myself. Commissioners, any questions on this? Mr. Odio: Definitely recommend it. Mr. De Yurre: I think that for the first time we are going to start collecting some money on this. Mr. Plummer: Move it. Mrs. Kennedy: Which one? Mr. Plummer: 19. Mr. Odio: We are going to collect monies for the first time, and I am very pleased that we finally got to this point, and it is a very good deal for the City of Miami and I think they are benefited by the fact that they don't have to spend monies unnecessarily to extend the I -Net system to the Marine Stadium, which we'll never use, so that is why I feel that it... Mrs. Kennedy: Will the program that we approved last week to put the cameras on Flagler Street be part of the I -Net system? Ms. Smoller: Yes, it will. Mr. Odio: The I -Net system, which I had my reservations about, but I accepted very carefully when we dealt the first time, could be an asset to the City eventually, because we are now talking to the Miami Dade people about having their connectors of all their colleges through the I -Net. The County is interested in it in some areas, so we saving about $200,000 a year... Ms. Smoller: That's correct. Mr. Odio: ... at this moment, with the I -Net, so it is beginning to... maybe we'll get... 163 July 21, 1988 Ms. Smoller: Indeed the video from this meeting is being carried on the I - Net, up to the cable company. Mr. Plummer: And it is horrible! Mr. Odio: I never watch myself. Ms. Smoller: Well, I don't... that is the camera, not the signal. Mr. Plummer: No, in all honesty, why, you know, I watched the County Commission on cable. Mr. Odio: Have you seen their equipment? Mayor Suarez: No, you remember that we disapproved the recommendations and spent $300,000 to fix this place up? Mr. Odio: I would like to bring that back right now, if you let me spend to modernize the lights here... Mayor Suarez: Not today, please! Not today. Mr. Odio: OK. Mr. Plummer: No, I mean, is there something a foot to try to get a better presentation in the cable? Mr. Odio: We need to change the... Mayor Suarez: Isn't it necessary to improve this place technically for it to be that good? I mean, it was a $300,000 item. I remember we disapproved it, everybody voted against it, including me. I'd still vote against it. I don't want to look as good as the County. Mr. Plummer: Wait a minute! She just said it was the camera. Mayor Suarez: Or as bad as the County! Ms. Smoller: That's correct. Mr. Plummer: Did you not say the camera? Ms. Smoller: Yes, that is correct, sir. Mr. Plummer: I mean, I know the Mayor would like a beautiful chambers, and we all voted against it, but can't they get a better camera? Ms. Smoller: Yes, it also has to do with the lighting and the condition of the chambers. The County spends... Mayor Suarez: I'm sure it has a lot to do with the lighting. To make you look good takes a heck of a lot of lighting. Ms. Smoller: Exactly. Now, the City is not spending any money for this, of course. Mr. Plummer: Ohhhhhhh! Mayor Suarez: And a few other things! Ms. Smoller: Yes. Mayor Suarez: A little make up, a little hair. Mr. Plummer: That's all right, Mr. Mayor, come over to the funeral home, I'll take care of you. I'll make you look good. You'll have to lay down, though! (LAUGHTER) Mayor Suarez: A couple more meetings like this and I'll be your client pretty soon! (LAUGHTER) Mr. De Yurre: Mr. Mayor, based on staff recommendations, I move this item. 164 July 21, 1988 E 0 Mr. Plummer: Oh, all right, I'll withdraw the approval. Mayor Suarez: Moved and seconded. Any discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-711 A RESOLUTION APPROVING THE AGREEMENT BETWEEN MIAMI TELE-COMMUNICATIONS, INC. AND THE CITY OF MIAMI TO RESOLVE OUTSTANDING ISSUES IN DISPUTE; PROVIDING TERMS OF APPROVAL OF THE INSTITUTIONAL CABLE NETWORK (I -NET) AND THE RELEASE OF $500,000 FROM THE SECURITY FUND; PROVIDING FOR THE SETTLEMENT OF OUTSTANDING PENALTIES CURRENTLY ASSESSED AGAINST THE CABLE LICENSEE; FURTHER PROVIDING FOR RESUMPTION OF LICENSE FEE PAYMENTS TO THE CITY AND INTEREST ON THE BALANCE OF PREPAID LICENSE FEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 53. CITYWIDE TELEPHONE SYSTEM - REJECT BIDS RECEIVED FOR LEASE/PURCHASE - DIRECT MANAGER TO REBID PROJECT. Mayor Suarez: Item 21. Mr. Plummer: Mr. Mayor, let me go on the record. As you know, I was probably the loudmouth more times than one at the last Commission meeting in reference to the equipment that had been proposed by the GSA. I have had the opportunity to go back and to look at the equipment which is being proffered by the City to be bought and there is no comparison between that which I was reflecting on, and that which is being proffered by the GSA. So, for the record, I would like to correct the statements that I made. I thought it was the same equipment. It in fact is not, it has been totally upgraded, and is not in any comparison to the equipment which I was basing my comments on, and I just wanted to get that on the record. Mayor Suarez: Do we hear from staff? You are recommending this, obviously, after... Mr. Williams: Yes, Mr. Mayor, we are recommending it. Mayor Suarez: Do you want to say anything, Ron, on top of simple recommendation here? Mr. Williams: Nothing other than the fact that we think in addition to upgrading the equipment and the quality of service associated with it, we think that it will provide the City a tremendous savings over long term. Mr. Plummer: Well, put it on the record. Didn't you say about $300,000 a year? 165 July 21, 1988 0 0 Mr. Williams: In excess of $200,000. I compute it to be actually at this point, $240,000. Mayor Suarez: Thank you. Mr. Gomez. Mr. Tito Gomez: Yes, my name is Tito Gomez, I am employed by Southern Bell Telephone at 150 West Flagler Street, Miami, Room 1820. As you can see from your agenda, Mr. Mayor, Commissioners, Southern Bell previously protested staff's recommendation, and I again, am here today to express our concerns regarding the RFP, and primarily what we feel is lack of specifications and definition, and believe that that is the reason that the City only received three bids out of the 20 that were invited to bid on this particular RFP, and that the bids that they did receive, did not provide... Mayor Suarez: Just for clarification and see if you are an interested party, do you have, either yourselves, or any affiliate, or subsidiary, or whatever, equipment such as this? Did you participate in the bid? Mr. Gomez: Yes, we do. We have our advanced systems people who were the ones that actually... Mayor Suarez: Did you participate as Southern Bell, or...? - in the bidding process? Mr. Gomez: It was a joint effort. Mayor Suarez: But, see, you were one of the three that you just referred to? Mr. Gomez: Yes, sir. Mr. Plummer: How much more was their bid, than the one that you have recommended? Mr. Williams: Approximately $200,000. Mayor Suarez: What $200,000? Are you talking about capital, cost of the systems? Mr. Williams: Yes, total system cost. Mayor Suarez: Not taking into account the operating cost from that point forward, which is the savings you have been telling us about? I mean, you are comparing apples to apples, I hope, here. Mr. Williams: Yes, I am, Mr. Mayor, and if I may clarify for a second. We received proposals at approximately $1.1 million and I think the Southern Bell advance system proposal was approximately 1.3 million. So that's the $200,000 I'm talking about. The $200,000 - $240,000 savings that I'm talking about is the difference as compared to what we're paying now, which is five hundred and seventy -plus thousand dollars and the $331,000 per year... Mayor Suarez: For the yearly charge or use of the system. Mr. Williams: No, the lease payment purchase of the system after the pay out of four years, of course, we own the system and that $331,000 will go away. Mayor Suarez: Now, the $200,000 difference that we're talking about here has to do with the value of the equipment or the initial installation or both? Mr. Williams: Initial installation and the value of equipment, yes. Mayor Suarez: OK. Although it's at least with option to buy, I gather, it's a little complicated. Mr. Williams: It is a lease purchase. Mr. Gomez: Well, exactly your point, Mayor, our feeling is that the bids that the City did receive on this particular RFP did not allow them to compare, if you will, apples to apples, we thought that it ended up being apples to oranges because of it's lack of a specificity. I would like to correct, I believe, something, Mr. Williams, I believe the difference in the two bids is not in excess of $200,000 as your stated. I believe the difference was somewhere in the $150,000 to $175,000 range. Is that correct? 166 July 21, 1988 ! 0 Mr. Williams: Go ahead, I can get the exact numbers. Mr. Gomez: Because of that, we ask the Commission to at least consider rejecting staff's recommendation and submit this package to a rebid and reissue the RFP with equipped wired and maximum capacities by department so that we do have some specificity and that we can compare apples to apples. It's our feeling that if the Commission does choose to do so and rebid this item, that it will receive a significantly better package in terms of the quality of the equipment that it's going to receive and I think maybe more importantly, to the City and to you all as Commissioners and the Mayor, you will receive a significantly better package in terms of cost to the City. Mr. Plummer: Well, let me go on the record. Tito, where's your equipment made? Is it American made? Mr. Gomez: Yes, for the most part. It's Northern Telcom equipment. Mr. Plummer: Is the equipment manufactured in the United States? Mr. Gomez: I am relying here on my technical people. Well, let Mr. Peligian answer that for you. Mr. Charlie Paligian: My names Charlie Paligian, I'm with Southern Bell advanced systems. The two systems we proposed, Commissioner, were the Tataran System which is manufactured in Israel and assembled in Clearwater, Florida, here in the State of Florida. The other system we proposed was the NorStar System which is manufactured by Northern Te1Com in California. So we proposed - based on configuration assumptions that we made, the two types of systems. Mr. Plummer: AT&T's proposal, Mr. Williams, is it manufactured in the United States? Mr. Williams: Yes, it is, but I have the AT&T representatives here, Commissioner. Ms. Barbara Collins: Yes, I'm Barbara Collins, and yes, it is. Mr. Plummer: Yes. Mayor Suarez: Not particularly relevant to the issue here, but in some indirect way, I have to tell you, as long as you're both here, my feelings on your television advertising. It's regulated, if not monopolies, near monopolies, I would suggest that you don't need to do any advertising whatsoever, the people have a pretty good idea of when they need to make phone calls and they can make their minds up based on the quality of the service and the cost and you could save a heck of a lot of money which would then translate in savings to the City and so on, although I have to admit I do have a preference as to whose ads I like better, but I won't state that because I'll get in trouble with my friends. I think all of them are unnecessary. I think people know when they need to use a phone and when they need to use a system and to have somebody get up there and give you all this very generic stuff about the future or the past or, you know, their experiences in the company and all this stuff to me doesn't help the discussion at all. People have a pretty good idea what they want to buy and what it costs and that applies to both companies frankly. Mr. Gomez: Mr. Mayor, I'd like to add one other thing in terms of a comment that Commissioner Plummer made, and when you talk about equipment, I think if you look at the proposal that staff is got before you and recommending for, you're talking about proposing a analogue technology which is basically, in our opinion, excuse me, a transitional technology as opposed to what we submitted in our proposal which is a digital technology. Mayor Suarez: Aha, that's interesting, why do you say that, Tito? Why is this one going to be - are you trying to imply that this is going to be obsolete in a couple of years or... Mr. Gomez: I think that's what the future holds. The industry is headed toward digital and that's what we bid in our opinion, in our modest opinion, that... 167 July 21, 1988 0 0 Mayor Suarez: Digital in what sense? I mean, everything that has to do with rnmput —; is digital in one sense. What do you mean by that? Mr. Gomez: In terms of capabilities and so forth. Mr. Plummer: Well, didn't we pay a consultant? Where's the consultant? Mr. Williams: Our representative had to leave for a few minutes, Commissioner, and I know exactly what time it's coming on. Mr. Plummer: Yes, but I don't see the report... Mr. De Yurre: He got paid already. Mr. Williams: However, we're prepared to address all of these issues here. Mr. Plummer: But usually when I pay for a consultant, I get a report. And the man is not here and a written report. I'm assuming that this is - you made this recommendation in conjunction with the recommendation of the consultant we paid. Mr. Williams: Let me explain the process just for a second. The consultant, of course, assisted us in a number of ways, the analyzation of our needs, the development of the RFP package, the assisting in the overall evaluation and analysis of bids and thus assisted in recommendation. I must say here that this is a GSA, City of Miami, recommendation. Of course, we naturally used the expertise of this consultant in terms of making those recommendations but representatives from the City of Miami police department, representative from the City of Miami fire department, City of Miami procurement management and GSA sat as a selection committee in terms of making this analysis. Naturally, that consultant was available to us on a full time basis to help in that analysis. If I may... Mrs. Kennedy: , I stepped out to get a phone call. Why is Southern Bell contesting the bid? Mr. Gomez: Because we felt that the specifications in the RFP were so unclear that we, in essence again, I'll repeat that we weren't comparing apples to apples so you ended up with an apples to oranges. For example, you've run into a situation where, at the various locations, the RFP basically stated the number of lines and the number of stations without any regard to specific department requirements or needs. And I think to maybe make a simple analogy, it was like you having, for example, Commissioner Kennedy, a situation where you've got ten stations in a particular department, let's say the fire department and you don't know if those ten stations go with two sets or three sets or four. You don't know how many systems you've got in there so that lack of clarity on our part led us to make assumptions that we feel, particularly at this point, are not valid assumptions. That for us to give you a good, specific bid proposal, we need to know what those specifications are. What are the requirements in those departments, not just giving us the total numbers of lines and the total number of stations, but tell us, what are those requirements? What are the future requirements? Mr. Plummer: Did you register that concern before your bid was turned in? Mr. Gomez: Yes, sir, we did. And I will say this for Mr. Williams, we did correspond with Mr. Williams and speak to Mr. Williams on several occasions and he did respond. However, even up until the time of the bid, we did not have all of the questions answered that we needed answered to be able to provide you with what we felt was a good solid proposal. Mr. Williams: Mr. Mayor, may I respond to that please? I would like to just take a brief minute and explain the process to you. One of the things that we thought that had to be important in this process was that very issue that's being addressed there, thus, a requirement of the specification was that you must attend a prebid conference prior to submitting your bid. We required that. We held those prebid meetings in the administration building and we asked all vendors that were interested in bidding to come forward, grill us, question us, ask us any questions that you might have prior to submitting your bid. Those people, including this company, were in attendance. There were many, many questions, there were clarification addenda that were sent out and 168 July 21, 1986 0 0 the questions were answered as they correctly stated. On top of that, we thought that because this project was such a magnitude to the City, that we would take a stet, further. We would make sure that each of these bidders eye balled; literally go around to the City facilities, so we used City vehicles to take these people around, all of the vendors to all of the facilities so that they could see what they were bidding on. Just in case anybody missed it at that point, we thought we'd take it another step further. We held presentations that we sat through, five, six hours a day with each individual bidder and allowed them to go through all of the issues that they were presenting and clarify and discuss and ask questions. We did that. After that, we allowed them to submit to us clarification documents. We received all of those documents, Mr. Mayor, and I submit to you that the recommendation that's before you takes into consideration that full review. Mr. Gomez: Well, let we... Mr. Dawkins: Mr. Williams, just a minute, please. Mr. Gomez constantly says that technically, we did not match apples to apples. Now will you show me where he's wrong? Mr. Williams: Technically, everybody that was in the room heard the same information, received the same instructions, visited the same City sites, were able to receive the same and identical kinds of clarifications and explanations. Mr. Dawkins: All right, when we... Mr. Williams: I go further with that, Commissioner, if I may and say that the reason we asked for RFPs as compared to straight bids, was that we wanted to bring a vendor in here that was, first of all, very much aware and knowledgeable in this industry. We wanted to take advantage of their knowledge out there and we asked them to come in and provide us with the most up-to-date information that's available. Thus, we asked for proposals. All three of the bidders, to my knowledge, provided their best shot. Mr. Dawkins: Mr. Gomez... Mr. Gomez: Yes, sir. Mr. Dawkins: ... give me one instance, technically, where you feel that when the bids were evaluated that they were not evaluated apples to apples. Give me one instance. Mr. Gomez: Well, I think my specific reference, Commissioner, was the fact that because the proposal itself was not clear; in configuration is the term that's used, in other words, what, exactly, did the City want in a specific department? We were then left to make assumptions and, in fact, I think the consultant said we were to be creative in determining what the configurations should be in making our proposal. And what I'm saying to you is, for the most part, when RFPs are issued, they are very specific in terms of what they want department by department so that you can then make your proposal and what you're going to get from the different bidders are items that you can sit down and you can make a sound comparative valid look at what you have received so that you are comparing those apples to apples. I might add that I think anyway, in our opinion, we don't think it's coincidental that you only received three bids when 20 were invited to bid. I mean, we believe that because the RFP was not clear and was not specific, that did, in fact, cause you to receive only 3 bids when you should have received a lot more. The City of Miami, without a doubt, is a large account. You're talking about a million dollar contract here and that normally, and I say normally, attracts at least more than 3 bidders, I'll put it that way. Mr. Plummer: Yes, but if the R... Mr. Dawkins: But Mr. Williams, but Mr.... Mr. Williams: Yes, yes, sir. Mr. Plummer: No, go ahead. Mr. Dawkins: Mr. Williams says that he took you, I'm sorry, took everyone to points of interest to tell them what was wanted. Is that a true statement? 169 July 21, 1988 0 0 Mr. Gomez: That is a true statement, however, that needs to be clarified because those site visits ghat were made had nothing to do with those configurations that I said they did not have anything to do with clarifying what is it that you want. What are the needs of this particular department? What are it's future needs? Mr. Williams: Commissioner... Mr. Plummer: Yes, but what I've heard stated was that each bidder was invited to be imaginative, use your own proposal as based on your system. So you had the opportunity to be imaginative as well as others and I can't understand, I agree with him on one point, if they said, hey, be imaginative, why more people didn't bid. Are they not large enough, do you have any answer to that? Mr. Williams: My answer to that is that we structured this package such that we could really get the people that were very very interested in going after this project. There were a lot of bids out at the same time and I don't know if that had something to do with the quality of this proposal or not. As an example, other bidders at the same time received more bids and you will find that none of them are able to put together recommendation package because the problem of it. We thought that we put together a very tight package and that those people that were not extremely qualified to propose this particular project, did not waste their time, Commissioner. Mr. Gomez: Well, we would be very happy if there were only three qualified vendors out in the marketplace to compete with but we know that there's certainly far more than that and so that I certainly disagree with Mr. Williams on that point. Mr. Williams: I must say here, Mr. Mayor, there was a protest by Southern Bell advanced systems and none of this information that you're being presented with, was ever mentioned as part of that protest. I mean, I'm just, you know, not aware after a prebid conference, site visits, after presentations, after the opportunities to submit clarification documents, after reading addenda, that the vendor is now saying they didn't understand what they were proposing. Mr. Plummer: What did they protest before? Mr. Williams: They did not submit a very clear protest. The letter said something to the extent of we are considering a protest so send us additional information. We provided them that. We never received any formal letter as to what they disliked. I'm hearing it on the record now and we, of course, have discussed it. Mr. Gomez: Sure, we've discussed it. Mayor Suarez: OK, anything further from the Commission? I sympathize with Southern Bell because of your community involvement but, for myself, as the other Commissioners have stated, you know, we have to defer to somebody on a very technical field like this, I... Mr. De Yurre: What would the delay be if you went out again for bids? Mr. Williams: That would depend, Commissioner, as to what direction you would like for us to go in terms of a change. Obviously, we would have to redraft and rewrite the RFP. Mr. De Yurre: Approximately? How many months? Mr. Williams: Approximately six... Mr. Odio: By the time we come back here, it will be six months. In this contract, we're saving over $500,000, am I correct? Mr. Williams: It's going to be in excess of two hundred per year, per year, the life of it is almost a million bucks and then we own the equipment. Mr. Gomez: I would say this. I know that we would be prepared to be back to you within 30 to 45 days... Mr. Odio: Yes, but... 170 July 21, 1988 Mr. Gomez: ... so we certainly are not looking at six months ourselves. I don't know what the problems are for the City. Mr. Odio: Tito, we have a recess in August, we have to readvertise, we have to have the proper notices, we have to reevaluate all the bids, we have to give the same opportunity to everyone again. It will be six months. Mr. Gomez: I would agree with that, Mr. City Manager. My point is, I think that the City, if it chose to invest the additional time that it would require to rebid this, I think that you would gain. You are losing some time, granted, but I think the end product of it will be that the City will receive significantly better proposals and, primarily, in terms of cost. That in the long run, you won't lose money on this, but you'll actually going to save money. Mr. Odio: I won't argue with you that point. I also have to say that we went out on bids in good faith and the same way as you complain now, we throw out these bids, you have to have a good reason for doing this and AT&T would be very upset since they came in with a lower bid. Mr. Plummer: Well, you know, in this particular case, Mr. Manager, it's not just the lowest bid, OK? It's what he has said and I'm assuming and I'm taking the word of the GSA and the consultant that it is the lowest bid providing us with the service that we need and the best service available. Now, you know, the lowest bid, I'm sure that Jake Snake could come in with a bid of a hundred thousand less, but what are we going to get for it? That's why we pay Mr. Williams and we paid a consultant to do an evaluation that this is not only the best bid or the best bid overall, not just the low bid. Mr. Williams: That's what we're recommending to you, Commissioner. Mr. Plummer: OK, I understand that. Mr. Gomez: And what we're saying is technologically, it isn't. Mr. Plummer: And what I'm saying to you is, I'm not knowledgeable to know. Mr. Gomez: Understood. Mr. Plummer: OK? Mr. Gomez: Sure. Mr. Plummer: That's why I pay him and that's why I pay a consultant. Mr. De Yurre: You know, then, you know we got to deal with what our intuition tells us and common sense. I feel that, you know, if this were to go out again and that we're not doing it as this on an emergency basis, you know, we can life with that phone system for another four to six months... be if we were to do it again, I bet you we're going to end up with less money - costing us less money and we might end up with a better product. I don't think we're going to lose by putting it out again. At least that's my opinion. Mrs. Kennedy: I couldn't agree with you more on an issue. Mr. Plummer: Well, yes, but let me ask this question. Mr. Williams, give me the approximate cost of what it cost this City to get to this point today. What did we pay the consultant? Mr. Williams: On this, the total consultant contract was $35,000. I have - we've asked them to do several things for us. As you well know, we've been working on this quite a while and with the help of three other City departments who have put in hours and hours in this review process, we really request that you proceed with the award of this bid. Mr. De Yurre: OK now, the consultant is here on a project basis. Mr. Williams: Yes. Mr. De Yurre: Right. So it don't matter how long it takes, they're here for the duration of that project. Right? 171 July 21, 1988 zti Mr. Williams: We've asked the consultant to take care of certain tasks and, of course, they have assisted us with those tasks. Mr. Plummer: The question is, if you went out to rebidding, do you have to pay the consultant more money? Mr. Williams: I'm pretty sure we would... Mr. Plummer: I would assume you would. Mr. Williams: ... if we've got to go through it another rewrite of the RFP. And at this point, Commissioner, I'm not really certain from even after the presentation as to what they would want to see different in RFP. Mr. De Yurre: Well, I'll. tell you, I'll just make the motion. If it passes, fine, if it doesn't, that's fine too. You know, I don't think that based on the testimony that we've heard, and we're talking about experts here, if the experts were vague about exactly what was being offered or what was being requested, you know, I think that I would like to put this out again and, you know, I'll move that we throw out these bids and we rebid again. Mayor Suarez: So moved. Mrs. Kennedy: Second. And I don't think that we need to go precisely to a different RFP, just one that is more specific. Mr. Gomez: We could accept that. Mayor Suarez: Do you want to address the motion? Ms. Collins: Yes, I would. I'm from AT&T, as I mentioned before... Mayor Suarez: Did you give us your name before? Ms. Collins: Barbara Collins. As a vendor who has answered RFPs over the years, I can say that we thought that this RFP was very typical of the RFPs that are rendered throughout the community, whether by a governmental agency or private industry. We have an opportunity in the prebid conference to find out and answer any questions that we have to make sure that our recommendation is clear, that we understand exactly what our best proposal is and so that we can come in with a service that will do what the customer needs as well as be as cost effective as possible. I feel that all the vendors had that opportunity and I think for a vendor to come in now, having lost the bid, and say they didn't have a fair shot, I feel that that's not perhaps realistic. And I feel that what we have recommended for the City will work very well. It, in fact the digital issue was brought up. I find that interesting because the main service provided to the City is by Southern Bell from an Essex system and that is an analogue service. Mr. Gomez: That is correct and we are in the process now because we realize exactly that it's going to be.... Mayor Suarez: Wait, wait, wait, wait, please, Tito. She's... Ms. Collins: So, in my final analysis, I think the issue was that the bid is unclear. As a vendor I felt it absolutely was not and we certainly had meetings the same as everyone else had the opportunity to, to make sure that all of our questions were answered. Mayor Suarez: Last statement. Mr. Gomez: I was going to say, that is the very reason that we have realized that digital is the technology of the future and we are now in the process of converting your analogue system to a digital system. Mr. Williams: I understand that will be 1992. Mr. Gomez: Possibly earlier, we could probably commit to 1990. Mr. Williams: And I don't think this matter is any different from anybody else if it is different. 172 July 21, 1988 0 Mayor Suarez: The City needs - I'm sorry, Ron, you don't think what? Mr. Williams: I said - I was just responding to that and I think they're proposing that to be 1992. I think all of the industry will easily meet that date or exceed it. I don't think that's anything unusual. Mayor Suarez: Anything else from the Commission? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-712 A RESOLUTION REJECTING ALL BIDS/PROPOSALS RECEIVED BY THE CITY IN CONNECTION WITH THE LEASE/PURCHASE OF A TELEPHONE SYSTEM FOR CITYWIDE PURPOSES; FURTHER, DIRECTING THE CITY MANAGER TO SEEK NEW BIDS/PROPOSALS BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE PROCUREMENT OF SAID SYSTEM. (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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy NOES: Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: NONE. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I'm going to vote no. We have heard from the experts, they have recommended. I am willing to follow that recommendation, I got to vote no. Mayor Suarez: For the same reasons stated by Commissioner Plummer, I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: OK, can we at least do this. Since that motion passed and in the spirit of the motion and in the interest of efficiency and fairness to everybody, make it very, very quick and clear, specific RFP and bring it right back. All that their protest entails is specificity. Mr. Odio: There are no shortcuts in the process, Mr. Mayor. Then, you know what's going to happen? Mayor Suarez: And I have the feeling. Let me ask this since the vote passed, I don't want to prejudice the vote with this but since it passed, have you now gotten a pretty good level of specificity from the discussion you've heard from the bid that they submitted? Mr. Gomez: No, we still need to look at configurations, it's to be able to provide you a solid bid. Mayor Suarez: You might want to - so we don't have another round of this, at least specify configurations. Mr. Odio: We have to do it by the book because then somebody else will stand up here saying that they didn't get enough information. Mayor Suarez: I understand that, but what I'm saying is let's not have the same defect when it comes back is all I'm saying. Mr. Plummer: You're not dealing... 173 July 21, 1988 0 0 Mayor Suarez: If it is a defect would have voted the other way. I mean, I don't think it is, otherwise, I Mr. Plummer: You're not dealing in clear cut terms in this proposal... Mr. Williams: That's why we asked for a proposal. Mr. Plummer: . and that's what I see as the, you know, it's not we want 13 grey sets that are one button or 15 red sets that are in two buttons. It's, you know, based on - what I'm saying in my estimation is, and I realize the vote is over, but in my estimation, you're going to go back to the same consultant who gave us what I assume was the best RFP that was available... Mr. Williams: We thought it was an excellent RFP, Commissioner Plummer. Mayor Suarez: We know all of this. I'm just trying to get at what should be done next, Ron, and... Mr. Williams: I do need a little guidance, Mr. Mayor, as to how you would like for me to restructure this proposal such that - you know, again, if we... Mayor Suarez: That's why, in my vote, I deferred to the experts and Commissioner Plummer did the same thing. Now, I think the rest of the Commission is concerned about this level of specificity, that's... Mr. Odio: Now we have to go back and review the RFP to see what changes we have to make to it and... Mayor Suarez: All right, I'm sorry I suggested anything, you're going... Mr. Odio: ... it'll be six months from today. Mayor Suarez: It's going to have to be the Manager then that's going to take the lead on that. I don't know that we can tell you any better than what we've done. Unless any other Commissioner has any other ideas. Mr. Gomez: Thank you. ------------------------------------------------------------------------------ 54. E911 FEES - EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR COLLECTION AND DISBURSEMENT. ------------------------------------------------ ----------------------------- Mayor Suarez: Item 22, I believe. Mr. Plummer: What is, what is... Mayor Suarez: What are E911 fees? Mr. Plummer: What is E911 fees? Mayor Suarez: We had the same question. What are E911 fees, what is this item about? Somebody help us so we can do the next item. Lt. Joseph Longueira: It's the emergency 911 lines. It's the surcharge placed on the system. Mayor Suarez: OK. Mr. Plummer: How much is that surcharge? Mr. Ron Williams: Yes, fifty cents, it was passed by the County Commission on Tuesday, Mr. Mayor. Mr. Plummer: Well, wait a minute. How much is the surcharge? Mr. Williams: Fifty cents. Mr. Plummer: You mean anybody calling 911 is going to have to pay fifty cents? 174 July 21, 1988 0 Mr. Williams: No, anybody that has a line will pay fifty cents. Mr_ Plummer: Huh? Mr. Williams: Yes, the new state law requires, or allows counties to set up to a maximum of fifty cents per line to offset the costs of maintaining and operating 911 systems. Therefore, each individual now in Dade... Mr. Plummer: How many lines do we have? Mr. Williams: No, this is residential, Commissioner. Each of us that have residential lines at home will now have to pay that fifty cent surcharge. Southern Bell will collect the money, pass it through Dade County to the City of Miami. Mr. Plummer: What about if you don't want it? Mr. Williams: It's state law. Mayor Suarez: It doesn't seem like we have a heck of a lot of choice. I'll entertain a motion on the item unless you want further clarification. Somebody, please. Mrs. Kennedy: OK, so Dade County bills its subscribers... Mr. Williams: Southern Bell... Mrs. Kennedy: ... collects the fees... Mr. Williams: Southern Bell, Vice Mayor. Mayor Suarez: Southern Bell collects, gives to Dade County and Dade County gives to us. Mrs. Kennedy: OK, Southern Bell, transfers the balance to the county and distributed to the City. Mr. Williams: Yes. Mr. Dawkins: Just another examp... Mrs. Kennedy: Well, we have no option, I move it. Mr. Williams: Well, the... Mr. Dawkins: Just another example of the public service commission going on giving away money. Mr. Williams: The benefit to the City, Mr. Mayor, is that it will completely off set the costs of operating our 911 system, which we must do anyway. Mayor Suarez: We understand money is the benefit. Mr. Plummer: Yes, and Joe, in one brief sentence, is 911 working? Lt. Longueira: It's working as well as we can get the operators to answer it. Mr. Plummer: That is not my question. Mr. Williams: The system is operating, Commissioner, we have the new enhanced system in place, we've bought the equipment... Mr. Plummer: You don't even look like Joe. Mr. Williams: The system is in place and performing, yes, sir. Mayor Suarez: A lot of those calls that we've gotten that we've later heard the tape from the fire department that people have been saved have been through 911 calls, typically so. Mr. Dawkins: That's fifty cents a month or fifty cents a year? 175 July 21, 1988 Mr. Williams: Per month. Mr. Dawkins: Now, you know, that's ridiculous. That's ridiculous. Mr. Plummer: That's like the man hole ordinance. I still am trying to figure that one out, eleven cents a line and I go sit out there and I watch this guy watching a television and reading a magazine. I don't know what in the hell he's doing there. Mayor Suarez: OK, anything further on this? We have a motion. Mrs. Kennedy (OFF MIKE): I moved it. Mayor Suarez: Do we have a second? I'll second. Ms. Hirai: Excuse me, who move, Mr. Mayor? Who moved it, I'm sorry. Mr. Dawkins: It's been properly moved and seconded. Any more discussion? Call the roll, Madam Clerk. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-713 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED DRAFT AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE COLLECTION AND DISBURSEMENT OF E911 FEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS DURING ROLL CALL: Mr. Plummer: Excuse me. Mayor Suarez: 911 phone call to Mr. Plummer. Mr. Plummer: I'm sorry... the Manager, yes, put it on the record. I think it's important to know. Mr. Odio: Just for the record, the fifty cents a month will represent to the police department alone $604,000 for a year. Mr. Plummer: That, in other words, they're going to receive six hundred and four thousand... Mr. Odio: Receive, receive six hundred and four thousand. Mr. Plummer: From Southern Bell. Mr. Williams: Passed through the county, yes, sir. Mr. Odio: Passed through the county. 176 July 21, 1988 0 Mr. Plummer: Let me ask the second question raising for that amount? How much are they actually Mr. Williams: Let me give you the exact numbers, Commissioner. The number as provided by Southern Bell at this point, the number of telephone users lines in the City of Miami now are 195, 693 times a f ifty cent surcharge that the county commission passed at this point, provides us with the potential for $1,174,158. I add that I speak of potential because, obviously, they're going to be, you know, people that don't pay and problems. But the gross potential for the City of Miami is in that range. Mr. Plummer: Well, you know, I guess my question is, if I have a telephone, why do I - that I pay for anyhow, every month, why do I have to pay a surcharge to dial a certain number? Mr. Odio: The state law that was passed this year mandates that that's being done to make sure that other municipalities have a 911 system in place. We happen to have it so now it's going to help defray the cost of maintaining that system. Mr. Plummer: I vote yes. I mean, you know, state law... Mrs. Kennedy (OFF MIKE): What can you do? ------------------------------------------------------------------------------ 55. PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA - APPOINT/REAPPOINT MEMBERS (NOTE: APPOINTED WERE WILLIAM ALEXANDER, LORI WELDON AND TITO GOMEZ). Mayor Suarez: OK, we're still waiting on item 23, so item 24. Mr. Odio: This is to appoint five members to the private industry council... Mayor Suarez: I renominate... or nominate for reappointment my prior nominee, Lori Weldon. Mr. Odio: She's... when does she go home? Mrs. Kennedy: I renominate William Alexander. Mayor Suarez: Bill Alexander. Those two in the form of a motion. anyone else have their appointments ready? Mr. Plummer: No, I don't. Mr. Mayor, you renominated who? Mayor Suarez: Lori Weldon, she's... Mrs. Kennedy: You had nominated also... Mr. Plummer: You'd nominated Pettigrew. Mrs. Kennedy: Yes, who resigned. Mayor Suarez: She told me she was my nominee. Mr. Plummer: No, Pettigrew was yours. Does Mr. Dawkins (OFF MIKE): You're not the Blue... hold it, you're not the Blue Brother who put a... Mayor Suarez: I'm an honorary Blues Brother. Mr. Plummer: No, no, we don't let you in. Mayor Suarez: Who was mine, Dick Pettigrew? I'll renominate Dick Pettigrew. Mrs. Kennedy: No, no he resigned. Mr. Plummer: Who was mine? 177 July 21, 1988 Mayor Suarez: Resigned, aha. Private industry council. This is a good one for Al Cardenas, I think, to serve on. Mr. Plummer (OFF MIKE): I think mine was Bill Alexander. Mr. Dawkins (OFF AND ON MIKE): You put Al Cardenas, I'll put Lori back. Mrs. Kennedy (OFF MIKE): I don't know who mine was. Do you want to renominate... Mr. Plummer (OFF MIKE): No, no... Mrs. Kennedy (OFF MIKE): I don't care. Mr. Plummer (OFF MIKE): No, no. Mayor Suarez: OK, renominate Lori Weldon, Commissioner Dawkins. Anyone else have any nominations ready? I'll withhold mine. Mr. Plummer: Frank, of the five that are here, who appointed them? Who appointed Alexander? Mayor Suarez: Can City staff serve by the way? Mr. Frank Castaneda: They were not appointments. I believe, if I recall correctly, Richard Pettigrew was selected because you felt that we needed an Anglo and he was sitting in the audience. William Alexander and Jorge de Tuya have been there for a long time. In the case of Roosevelt Thomas, we needed somebody from education and he was recommended by the PIC and I believe that you decided to select him because of that reason. And I believe Lori Weldon was selected because she was sitting in the audience as well. Mayor Suarez: OK, I'll nominate Tito Gomez. Mr. Castaneda: Is he in the audience? Mayor Suarez: He was here and he requested us to reject certain bids. We turned to him for employment so maybe if he serves on PIC he will realize how much employment is needed. Mr. Plummer: I'll hold my appointment until the next meeting. Mr. De Yurre (OFF MIKE): Me too. Mr. Castaneda: And Tito Gomez will be replacing who? Mr. Dawkins: Pettigrew. Mr. Castaneda: Pettigrew. Mayor Suarez: He withdrew. OK, with those two appointments in the form of a motion, do we have a second? Mrs. Kennedy: Three appointments. Mayor Suarez: Three appointments in the form of a motion, do we have a second? Mr. Plummer: Second. Mrs. Kennedy: Second. Mayor Suarez: Second. Call the roll. 178 July 21, 1988 The following resolution and motion were introduced by Commissioner Kennedy, who moved their adoption: RESOLUTION NO. 88-714 A RESOLUTION APPOINTING FIVE (5) MEMBERS OF THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS TO EXPIRE JUNE 30, 1990. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 88-714.1 A MOTION APPOINTING TITO GOMEZ TO THE PRIVATE INDUSTRY COUNCIL OF SOUTH FLORIDA. (NOTE: Mr. Gomex was nominated by Mayor Suarez. The Job Training Partnership Act required all appointments be made from the PIC's list of nominees. Because Mr. Gomez' name was not on the PIC's list of nominees, this appointment will need to be formalized at a future date.) Upon being seconded by Commissioner Plummer, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 56. BANYAN FESTIVAL - GRANT REQUEST FOR STREET CLOSURE, PERMISSION TO SELL BEER AND WINE, AND RESTRICTION OF RETAIL PEDDLERS. ------------------------------------------------------------------------------ Mayor Suarez: Item 27. Coconut Grove Chamber of Commerce. Ha ha. Knew you were here for a reason. Now you pass this stuff out? Mr. Plummer: Are there any other festivals in Coconut Grove in October? Are there any other festivals in Coconut Grove in October? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Ms. Doreen LoCicero: No, not in the Grove, we researched it. Mr. Plummer: OK. Mayor Suarez: With the assumption and assuming that that can be verified, I'll entertain a motion on this street closures. Mr. Dawkins (OFF MIKE): Move it. Mayor Suarez: Moved. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll. 179 July 21, 1988 ■ a 0 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-715 A RESOLUTION CONCERNING THE BANYAN FESTIVAL TO BE CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE TO BE HELD OCTOBER 22-23, 1988 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You were very eloquent today, Doreen. 57. ROADS NEIGHBORHOOD - DISCUSSION CONCERNING REQUEST FOR THE REOPENING OF A STREET. Mayor Suarez: Item 28, Luis Herrera. Mr. Luis Herrera: Hello, my name is Luis Herrera. I live at 1181 S.W. 22nd Terrace and the reason why I asked to be heard here today is because when you voted last time on the Vizcatran building, you closed our road without our consent and the neighbors asked me to please get this on the agenda so we can talk about reopening the road if possible. Mr. Jim Kay: Commissioner... Mayor Suarez: George. Mr. Kay: Commissioner, Mr. Mayor, members of the Commission. That road was closed - initially it was closed in 1979 as part of the opening of the Vizcaya Metrorail Station and it remained closed until 1986 when the property was platted by Vizcatran Ltd. Mayor Suarez: Where is it on the map there, the closing that he's talking about? Mr. Herrera: 22nd Terrace. Mr. Kay: The dark area right there, 22nd Terrace. That dark outline is the plat - property that was platted. ISO July 21, 1988 0 0 Mayor Suarez: We, in effect, allowed the Vizcatran people to take that property and build on it, is that what you're saying? Mr. Kay: Yes, sir. Mr. Plummer: By replatting. Mr. Kay: The street was closed... Mayor Suarez: Or at least to plat to build on it. Mr. Kay: Right, the street was closed as part of that plat, officially... Mr. Herrera: I might... Mr. Kay: ... and the plat has been recorded and it is private property. Now... Mayor Suarez: But was it closed because of the station or because of the project that we approved? Mr. Kay: It was physically closed in '79 as part of the station and the Commission approved of that. But it was officially closed as part of the Vizcatran Garden plat in 1986. Mr. Herrera: Yes, so it wasn't closed at the beginning. They closed it because it was donated, they donated it to build on that property. The reason why it was closed is because you donated the street because without the piece of street, they could not build, they did not build anything on there, so then you went ahead and closed it. Mrs. Kennedy: When a street is reopened doesn't the person who live on the street have to be here asking for the street to be reopened? Mr. Kay: No... Mrs. Kennedy: ... or can anybody just come? Mr. Kay: No, that's not right. We have a legal opinion on that. Mrs. Kennedy: Madam City Attorney. Miriam Maer, Esq.: If I can just clarify this for a moment. It was closed, physically barricaded and closed by Metrorail. Under our City code, the property owners on each side of the street can close and vacate a street subject to the approval of the Commission and the zoning board at separate public hearings. OK, that's called vacating and closing a street by plat. When the Vizcatran developers came along and decided that this was their site, they bought the parcels on both sides of what used to be the street which is now part of the yellow, OK, where the extension of the street would have been. Since they owned both sides of the street, they were the only ones that were required to petition the zoning board and the City Commission for approval of the closure. And that closure was granted after a public hearing by the City Commission. Mayor Suarez: Well, but that sounds a little bit too simple. If two adjoining - I mean, two property owners at the end of any street happen to get together and want to close the street that is otherwise open, it doesn't just get replatted just like that, I mean, not if it's being used for... Ms. Maer: They have to go through a platting process. Mr. Plummer (OFF MIKE): No, this was already closed. Mr. Kay: Yes, they have to go through the platting process. Mayor Suarez: It was already closed. Mr. Kay: Right. Ms. Maer: And there have to be findings it's in the public interest to, in fact, close the street and then the way to close it is by... 181 July 21, 1988 Mayor Suarez: I mean that... what you were talking about is really, you know, the consolidation by piatLi,lg p.ULess of land where the owner on both sides owns and owns the right-of-way presumably. Ms. Maer: That's correct. And our code does not require the other people along the street... Mayor Suarez: But not the closing of a street just because the two adjoining property owners agree. Ms. Maer: If the adjoining property owners chose to assemble a parcel and come forward owning both sides of the street and come forward and ask the zoning board and ask the City Commission at a public hearing, to close and vacate it as part of their plat, they're allowed to do so. Mayor Suarez: Well, I know, but we typically don't do that where you have a thoroughfare. I mean, we do it where somebody owns both sides of a street that goes nowhere or whatever, you know. Ms. Maer: What may not be clear from that map is that, in fact, that street went nowhere because it was closed by Metrorail even though it's... Mayor Suarez: And what was there, was it just a... Ms. Maer: A metal barricade, I believe, and a concrete curve. Mr. Kay: There was curbing and a metal barricade at the end of the street. Mayor Suarez: And, of course, the county wouldn't, even if we had not gone through the platting, they wouldn't want to open that street at this point, I presume. Mr. Kay: That's correct. That was closed physically because to route traffic and improve traffic conditions. Mr. Herrera: Can I ask a question? Mayor Suarez: Sure, you can ask. Mr. Herrera: Physically, when was the street platted and closed, in 1986? Mr. Kay: 1986 was when the plat went through. Mr. Herrera: OK, now when did you close it? Mayor Suarez: He's saying it was closed in 1979. Mr. Herrera: OK, so you closed it in 1979 but it wasn't legally closed in 1979? I mean it wasn't on the plat till 1986. Mayor Suarez: No, no, it was closed in 1979 and very legally, as far as traffic being able to go through there, but it did not get platted so that the builder who owns both sides of it could build on it until 1986. Mr. Herrera: But, since nothing's been built there, I mean... Mayor Suarez: I suppose somebody at some point, but the neighborhood could petition or anybody could petition to undo a plat, could they not? Mr. Herrera: Miss Kennedy... Mayor Suarez: Just like we could do a down zoning. Mr. Kay: To overturn a plat, the property would have to be replatted as far as 1 can tell. It's private property right now. Mr. Herrera: Miss Kennedy, in answer to your question, the neighbors, I have the signatures of all the house owners on 22nd Terrace and they all signed and if you can want you can pass it to... Mayor Suarez: That should be in the record. 182 July 21, 1988 Ms. Maer: Mr. Mayor, the appropriate procedure in the event that the neig1-1�rs wish to extend the end of the street, that's just as though it were your house, I mean that is a piece of private property. OK? That's not part of the zoning, this was a plat approval. The appropriate procedure would be to go through the process to extend a street which requires a local government or the state to acquire that piece of property for a street. I mean, you can't look at the property owner and say, we want this piece of your property. It's part of the condemnation or acquisition through purchase. Mr. Kay: There were two separate public hearings when this street was closed, one at the Miami zoning board in which property owners were notified by letter in the 375 foot radius and also at the City Commission level. Mr. Herrera: And against it, very much again it. Mayor Suarez: OK. It's an interesting - if what you are is against the project, per se, it's an interesting way to try to block it, but not necessarily the one that it - legally, the one that makes the most sense. Mr. Herrera: Well, got to give it a try. Thanks for your time, Mr. Mayor. Mayor Suarez: You certainly have done that. Mr. Herrera: OK, thank you. Mayor Suarez: Very creative. ------------------------------------------------------------------------------ 58. JAMAICAN AWARENESS REGGAE FESTIVAL - GRANT REQUEST BY SPONSORS TO HOLD EVENT AT BICENTENNIAL PARK - AUTHORIZE SHARING OF PARKING CONCESSION, ETC. - WITH PROVISOS. Mayor Suarez: Item 29, Sydney Roberts. Mr. Sydney Roberts: Good afternoon, Sydney Roberts, Jamaica Awareness, 1035 N.E. 125th Street. I'm here representing Jamaica Awareness, Inc. We stage each year, in Bicentennial Park, a reggae festival to celebrate Jamaica's independence here in South Florida. In four short years, we have grown to be the third largest free festival or activity next to Calle Ocho and Goombay. Now we were before the Commission on the June 9th and we were requesting funding in the sum of $18,200 and we were turned down. Mayor Suarez: Of how much, you say? Mr. Roberts: $18,200. We were requesting the budget as prepared by the parks department and we were turned down on the wording that there was no funding for this at this point. Now we are at the process where we need some assistance from the City and we're asking if we could go through the items, one by one, and see what can be waived and what cannot be waived. Mayor Suarez: Well, we've done a waiver of the rent for a park today and I have no problem with that. That's a pretty small item, if somebody wants to move that. Are we otherwise OK with the festival? Not on the funding now, we're talking about the use of the park? Mr. Odio: Yes, but the request... Mayor Suarez: But we don't know if they'll be able to do it unless we give them support which we don't really have the funding to do I presume is what... Mr. Odio: They need $14,850. Mr. Plummer: This says $18,200. Mayor Suarez: OK, does anybody want to move the waiver of rental and the allowance to post a bond for waste removal so that if you do pick up your own garbage and so on, you don't have to pay for that component. Moved. Seconded. Any discussion? Call the roll on that portion. 183 July 21, 1988 MOTION 88-716 TO WAIVE RENTAL FEE FOR BICENTENNIAL PARK AND POST BONn FOR WASTE REMOVAL WAS MOVED AND SECONDED AND PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. (NOTE: THIS MOTION IS FORMALIZED AND CONTAINED IN R-88-717.) COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I just want to make sure, Mr. Manager, that all of these monies that you show here in any one of these proposals have to be in cash, in hand, seven days in advance of the event. Is that correct? Mr. Al Howard: Yes, it is. Mr. Plummer: OK. Mr. Howard: I would also like to suggest that in lieu... Mayor Suarez: Why don't we take the roll call on that real quick, Al. Mr. Plummer: The answer is yes. I vote yes. FOLLOWING ROLL CALL: Mayor Suarez: Al, you were going to say something directed... Mr. Howard: I just wanted to make sure on the cleanup, it's $1,500, that if they don't clean up, that we have a bond that we use that money. Mr. Plummer: Well, that's what he said, that they've got to provide a bond... Mayor Suarez: Yes, yes, if you don't clean up, you lose the bond. Mr. Roberts: OK. Mayor Suarez: Now, can we reduce the other items some? What's the largest one besides that? Fire - police, as always? Mr. Plummer: Police, of course. Mayor Suarez: How many officers are being requested or proposed by the City rather? Mr. Plummer: $5,000 worth. Mayor Suarez: How many people expected? Mr. Roberts: Our last year the police estimate was thirty-five thousand. Mayor Suarez: And how many hours? Mr. Roberts: Well, we had 35,000 people. We paid about approximately $4,000 last year for police. Mayor Suarez: How many hours? Mr. Roberts: Just seven hours. Mayor Suarez: How many officers are we proposing, five? Lt. Joseph Longueira: Sir, we're looking to increase our officers from 18 to 24 officers this year. This event is turning out to be a very large event. Last year, we didn't have enough officers. 184 July 21, 1988 6 0 Mr. Plummer: Let me ask you a question. Mayor Suarez: Eighteen, eighteen was not enough? Lt. Longueira: No, sir. Mr. Plummer: What is the ratio you use, how many police - you use a ratio like a thousand people, one policeman? What determination do you use? Lt. Longueira: A lot of it has to do with the size of the event, what kind of streets they close, whether they've had the event before... Mr. Plummer: Well, this is proposed for Bicentennial Park. What formula did you use here? Lt. Longueira: OK, what we did was, last year we had 18 officers, from our after action reports which indicated that we did not have enough staffing, we had a lot of traffic problems. Because of those recommendations, we're recommending to go to 24 officers this year because of the reports from the commanders last year said that they did not have enough officers to staff it. Mayor Suarez: Any incidents? Any incidents that warranted an arrest? Mr. Plummer: Increase. Lt. Longueira: I don't have that information, sir. Mr. Roberts: There was none based on what I was told at the end of the event. Mr. Plummer: It's a 25 percent increase in the amount of officers. Mayor Suarez: I would strongly recommend, unless the Commission feels otherwise, let's try to work with last year's number of officers. I know that you'd like to have more, we'd all like to have more. Lt. Longueira: OK, I'll tell the special events unit and see what they can do but we're talking an event ,you know, that's larger than Goombay. A lot of people. Mayor Suarez: I know, Joe, but you're also not able to tell us that there were any incidents, and he's saying there were none so... Mr. Plummer: Larger than Goombay? Lt. Longueira: That's what my people tell me. Mr. Plummer: Thirty-five thousand is what he said. Mr. Roberts: Well, that was the estimate that I was given. Mr. Plummer: Goombay is a hell of a lot more than 35,000 people. Mr. Roberts: Oh, yes. Mayor Suarez: And Goombay's also on a public right-of-way. Mr. Plummer: That's why I asked where this formula is coming from. There must be a formula. Mayor Suarez: And Goombay's also on a public right-of-way and over I don't know how many blocks but not as... Mr. Plummer: Well, that's even better because the streets are already closed. Mayor Suarez: Yes. But you need officers to keep an eye on that. Lt. Longueira: All right, I'll tell them. Mayor Suarez: I just think - OK, do you need that in the form of a motion? I don't think you do. That's the best we can do unless some other Commissioner is going to propose any... 185 July 21, 1988 0 Mr. Roberts: OK, sir, if I may ask, what about a concession permits? Mayor Suarez: What about them? Mr. Roberts: There is a $50 charge associated with each space, each booth that we put up. Mr. Plummer: That you got to pay. Ms. Dianne Johnson: If I may, that's set by the code and it cannot be waived. Mr. Plummer: You know, something is radically wrong, Joe, - where's Joe? Something is not holding water. Now if you're proposing 24 officers... Lt. Longueira: Yes. Mr. Plummer: ... using the formula that you used before at $30 an officer or $210 a day per officer, that comes to $2900, yet what I'm looking at in front of me is $5,000. Mayor Suarez: I think your multiplication is off a little bit there. Mr. Plummer: Well, OK. Lt. Longueira: Yes, well we... what our special... Mayor Suarez: Because you got two hundred and some dollars per officer, 24 officers got to be about $5,000. OK... Lt. Longueira: What our special events people... Mayor Suarez: Don't let him - redo his math and maybe we can get on to the next item. Am I wrong or... Mr. Plummer: I stand corrected, thank you. Mayor Suarez: That's the best we can do unless any Commissioner has any other motions. Mr. Plummer (OFF MIKE): But there's got to be a formula. Mr. Roberts: OK, I'd like to also make another point... Mr. Plummer (OFF MIKE): Within reason, I'm not saying that it's, you know, one per thousand. Mr. Roberts: ... the City collects $3.00 per car that is parked... Mayor Suarez: Per car that's parked. Mr. Roberts: ... at this event and we have to pay most of the cost associated with this event. I would like to know if we could get a percentage of that income that is generated by the City. Mayor Suarez: Where are those cars parked that he's talking about? Are they parked at the FEC track, is that what he means? Ms. Johnson: They're parked at the FEC track. Mayor Suarez: That's interesting, I don't know, have we ever done that? Ms. Johnson: We use City personnel. Mr. De Yurre (OFF MIKE): That's Off -Street Parking... Ms. Johnson: This is to control and crowds and to an affect... Mayor Suarez: Not Off -Street Parking but actually City personnel. Ms. Johnson: City park personnel, yes. Similar to the operations we hold at the Orange Bowl for events of this magnitude. 186 July 21, 1988 9 0 Mayor Suarez (OFF AND ON MIKE): We've never given that to them just yet. They'll probably want to take it one of Is there a large profit when you take into account the number of cars parked less the cost of... Ms. Johnson: Not from the number of people we have to put out there to control the park any... Mr. Plummer: Is this a non profit? Mr. Roberts: It's a non profit organization. Mr. Plummer: There's no admission charged? Mr. Roberts: There's no admission charged, it's free to the public. Mayor Suarez: Is it simple accounting because if it were, I would be disposed to say, give them 50 percent of the net profits between... Mr. Plummer: But there's no profits. Mayor Suarez: Well, if there are any from parking. Mr. De Yurre (OFF MIKE): Well, if the parking... Ms. Johnson: I think we could sit down with them and work out something equitable of either, you know, reducing the fee slightly or, you know, so that there's no impact on the attendees or working out an arrangement. Mayor Suarez: Is that what you prefer to have a reduction or to have a little bit of the money? Mr. Roberts: No, I'd prefer a percentage because that would offset some of our costs that we will have to pay to the City. Mr. Howard: We can, we can, we get one dollar out of three. So even with our staff there, I think that would be fair. Mayor Suarez: That's fine with me. Give them a dollar out of the three. Mr. De Yurre: How much money are we talking about? Mr. Plummer: Yes, but how - but, you see, wait a minute now, now they're in a bind. If you do that, they don't know how much parking there is and they've got to put the money up in advance seven days prior to the event. Ms. Johnson: No, we would keep track of that and we would account for that and we would split that with them after the event. Mr. Plummer: If you're demanding eighteen thousand two, eighteen thousand for round numbers, and you're going to give them a dollar for the parking, you don't know whether you're going to have ten cars or a thousand cars. Ms. Johnson: That's true. Mr. Plummer: How are they going to put up this eighteen? Are you going to reimburse them? Is that how you're going to do it? Mayor Suarez: Well, the question... Ms. Johnson: No, they would have to put up these fees, they would have to put up these fees in advance. Mayor Suarez: Wait, wait, wait, wait, on the issue of parking, we have to first decide whether you want to give them anything. You want to give them a dollar out of three? Mr. Plummer: No. Mayor Suarez: So, let's just vote on that and see... Mr. Plummer: Oh, I'm sorry, I thought... 187 July 21, 1988 Mayor Suarez: ... see how the rest of the Commission feels about it. Mr. De Yurre: Well, how many car are we talking about? Mayor Suarez: How many was it last year roughly? Mr. Howard: Normal is three to four persons a car in a festival event. If you have 20,000 people, you could have throughout the day five thousand cars. The City would net at that point, $10,000 with allowing $5,000 to the festival. Mr. Plummer: Yes, but you know, somewhere along the line, I thought we were going to try to come to a policy that we would fund a festival one year but, baby, that was it. Either you made it and did it on your own... Mayor Suarez: After that, self sustaining, yes... Mr. Plummer: You know, either you do it on your own the second year or don't come back. You know, these festivals are just getting completely beyond what this Commission can take. It's ridiculous, it's $20,000 here, $20,000 here, $35,000 there - you know, plus... Mayor Suarez: See, we're talking here about just splitting revenue though. Mr. Plummer: ... plus the cost that to maintain those parks in a half way decent procedure, the damage is done, not intentional damage, but, you know, just normal wear and tear by 35,000 more people in the park. Mayor Suarez: Yes, and particularly since that FEC property is really not built up to be a parking lot... Mr. Plummer: Not at all. Mayor Suarez: ... and the people are driving over the sidewalk. Anyhow, Commissioners how do you feel about this? Otherwise we'll go on to the next item. Anybody want to make a motion to give them one dollar for every three that are obtained from parking? Mr. Dawkins (OFF MIKE): So move. Mr. Castaneda (OFF MIKE): Commissioner, I just... Mayor Suarez: Moved. Do we have a second? I'll second. Mrs. Kennedy: It's been moved and seconded to give them one dollar for every $3.00 that they make. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-717 A RESOLUTION CONCERNING THE JAMAICAN AWARENESS REGGAE FESTIVAL TO BE CONDUCTED AUGUST 7, 1988 BY JAMAICAN AWARENESS, INC. AT BICENTENNIAL PARK; GRANTING SAID SPONSOR THE OPTION OF POSTING A BOND FOR CLEAN-UP EXPENSES AND PERFORMING EVENT CLEAN-UP THEMSELVES; AUTHORIZING THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES TO SHARE PARKING CONCESSION REVENUE WITH SAID SPONSORS ON A 2/3RDS TO 1/3RD BASIS;* DIRECTING THAT SAID SPONSORS SHALL RECEIVE NO CITY FINANCIAL SUPPORT FOR SAID EVENT NEXT YEAR; FURTHER SUBJECT TO AND CONDITIONED UPON SUCH LIMITATIONS AND REQUIREMENTS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. * - Two-thirds (2/3rds) goes to the City and one-third (1/3rd) goes to the sponsor. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 188 July 21, 1988 0 0 Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: Yes, but next year I won't be voting to give you anything. Mr. Plummer: Based on an amendment that says that next year they don't get any money for this festival, I'll vote yes if that's a part of the motion. Mrs. Kennedy: Does the maker of the motion accept it? Mayor Suarez: Yes, the seconder of the motion accepts it. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Roberts: One last final question. Mrs. Kennedy: Oh, oh. Mayor Suarez: I don't think you're going to do real well on any others, but make it real quick. Mr. Roberts: No, I'm just... Mr. Plummer: You're liable to lose the first two. Mr. Roberts: No, I'm just trying to get information here, is there an... oh, what's the word I'm looking for, where we can go to for fundings, something that's set up by the City? The Mayor mentioned something to that effect. Mr. Plummer: Yes, you... Mayor Suarez: For festivals, you can apply to our festival funding. Mr. Plummer: No, you can go to the TDC; to the arts and cultural arm of the TDC has money for festivals. Mr. De Yurre: You know where you go? You go to each candidate that's running for the county and you ask them for a donation, OK? You'll get all the money you want. Mr. Roberts: OK, thank you much. Mr. De Yurre: OK. Mayor Suarez: Thank you. Mr. Plummer: But no political signs in Bicentennial Park. 189 July 21, 1988 91 0 59. GREATER MIAMI OPERA - APPROVE ONLY A PARTIAL ALLOCATION OF FUNDS DUE TO LACK OF COMPLIANCE WITH CONDITIONS AS ORIGINALLY STIPULATED. Mayor Suarez: Item 30, Greater Miami Opera. Mr. Bill Connor: I'm Bill Connor, the Greater Miami Opera... Mayor Suarez: You just want a change in the tickets distribution for under... Mr. Bill Connor: The tickets were distributed per the resolution of November 19th, countywide rather than citywide, by arrangement with the school department. Mr. Dawkins: How many were given to the City? Mr. Connor: We can document approximately 900 to inner city children and the remainder were distributed elsewhere. Mr. Dawkins: You see, ain't no way in the world I'm going to vote for this when they were supposed to give twenty five hundred. Mr. Odio: That's correct, that's why we couldn't give them the funds. Mr. Dawkins: You see, you came, we gave you money, we made an agreement and you didn't do it. Mr. Connor: Well, the distribution was handled by the school department per arrangement with... Mr. Plummer: No, no, no, no, we didn't deal with the school department, we dealt with you. Mrs. Kennedy: But the money came from us and the intention was to give it to our City children. Mr. Connor: I understand that. Mr. Dawkins: And when this county gives money to Judy Drucker, they don't give it to the City of Miami. Judy Drucker goes to the county and takes all the county school kids over to see Ailey dancers. Mr. Plummer: Have these tickets already been distributed? Mr. Connor: It was during the last season, yes. We distributed a total of 2,800 plus any requests for dress rehearsals were both honored in total. Mr. Plummer: And what you're saying is now because of that, the administration won't pay you. Mr. Connor: They will not pay us because we can only document 900 students through the school department that actually received tickets to those performances and we request that you... Mayor Suarez: What do the tickets usually cost? Mr. Connor: The ticket prices to the opera vary from a low of $10 to a high of $60; most of these tickets were the low end tickets. Mr. Plummer: What is the administration recommending? Mr. Odio: Well, it was a policy decision made by the City Commission. They did not follow the recommendation.., what you set down as a precedent, only you can change that. Mr. Plummer: Well, are you recommending, since the 900 kids of the City did get, that we give them a portion of it? Mr. De Yurre: How much were we supposed to give them, $40,000? 190 July 21, 1988 0 0 Mr. Odio: I would think that would be fair and you could get a formula that if they had to - $40,000 based on 2,500, that you give them the equivalent of 900 some... Mr. Plummer: So what is that formula? Tell me what it is and I'll move it. Mr. Dawkins (OFF MIKE): I second whatever I second. Mr. Connor: If I may point out, we do tremendous services elsewhere in the City of Miami... Mr. De Yurre: It's about fifteen thousand. Mr. Connor: ... in the way of school programs and senior citizens and elderly programs all over the county but the City is our major area. This is not the only service we provide underprivileged people in the City. Mr. Dawkins: The only problem I have is, we made, I think this Commission made the allocation on seeing that the City of Miami residents especially those underprivileged kids, get tickets. Mr. Plummer (OFF MIKE): Fourteen? Mr. Dawkins: And they only ended up with 900. See, so the City of Miami now is being asked to take the City of Miami tax dollars and pay for a benefit that went to the county. Mr. Plummer: The formula has come out to fourteen thousand four, I so move. Mr. Dawkins: I second. Mayor Suarez: Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-718 A MOTION ADDRESSING THE CONDITIONS OF THE ORIGINAL RESOLUTION WHICH GRANTED GREATER MIAMI OPERA $40,000 BY APPROVING $14,400 AS BEING DUE BY REASON OF SAID ORGANIZATION'S LACK OF COMPLIANCE WITH THE CONDITION STIPULATED AT THE TIME OF GRANTING THAT THEY WERE TO DISTRIBUTE 2500 TICKETS TO INNER CITY CHILDREN BUT ONLY DISTRIBUTED 900. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I would have voted for a higher amount but I don't think we're in a mood for that so... Mr. Dawkins (OFF MIKE): I think you're right. Mayor Suarez: And he thinks I'm right, best we can do. 191 July 21, 1988 60. DEFER CONSIDERATION OF REQUEST BY DADE COUNTY PUBLIC SCHOOLS FOR RELEASE OF CITY -OWNED BUILDING (1401 N. MIAMI AVENUE) - TO BE USED FOR TRAINING AND HOUSING OF HOMELESS/DISADVANTAGED ADULTS - ARRANGE WITH CHRISTIAN COMMUNITY SERVICES TO PROVIDE FOR NECESSARY TRANSPORTATION TO TRAINING CENTER. Mayor Suarez: Item 31. Mr. Plummer: I would ask that that be deferred. Mayor Suarez: Leasing of the City owned building at 14017 Mr. Plummer: I'd ask that that be deferred. Mrs. Kennedy (OFF MIKE): OK, second. Ms. Bertha Pit: Correct, Mayor Suarez... Mr. Dawkins: Why you - it's been moved and deferred... Mayor Suarez: We have a motion to defer, do you want to speak to the motion? I presume you do. Ms. Pit: Commissioners, my name is Bertha Pit and I come to you today on behalf of the Dade County school system via the Miami Skills Center of which I am the principal. The Miami Skills Center is located at 50 N.W. 14th Street, Miami. I would like to give you a brief background as to what the Miami Skills Center is. The Miami... Mayor Suarez: Remember that the only motion before us is to defer the item, is there anything that... are you prejudiced in any way if this item is not voted on today? Ms. Pit: The only reason why we're here today is because due to our constraints, meaning the school board and the negotiations with DOL for the utilization of the building, we must have... Mr. Plummer: Who's DOL? Ms. Pit: Department of Labor. Mr. Plummer: Oh, OK. Ms. Pit: We must have clearance so that we can begin negotiations with the Commissioners. The purpose of our request eventually is to house a program at the location that belongs to the City under the auspices of the Dade County School System in conjunction with DOL. Residential... Mrs. Kennedy: Excuse me, is this on the list of surplus properties in the City? Mayor Suarez: What is over there, Mr. Manager? Mr. Plummer: It's the old fire station number two. Mrs. Kennedy (OFF MIKE): Old fire station. It is. Mr. Plummer: Well, let me tell you the reason, Mr. Mayor, they're not offering to buy this outright, OK? Are you going to buy it outright? Mayor Suarez: Yes, I was going to ask you why you wanted to defer. Ms. Pit: No. Mr. Plummer: OK. You see, the school board has money to spend and buy when they want to. Now, we're going to have a proposal before this City Commission which I, today, wrote a memo to the City Manager, the property that this City gave to Planet Ocean has been some way manipulated to the University of Miami, 192 July 21, 1988 4 W OK? The University of Miami is now proposing to sell that property. Oh yes, they're proposing to sell that property to the school board for $5 million dollars. Mr. Odio: They cannot sell that property. Mr. Plummer: Sir, they're coming before this Commission to request a change in that document that originally was put forth. Now, if they've got five million to Planet Ocean, then why aren't they proposing to buy this outright? I'll enter into an agreement or be willing to as one Commissioner, if they want to buy this property, fine, they got money to spend to buy the other one, let them buy this one. Mayor Suarez: Would this not be the kind of thing that could be done with the... Mr. Dawkins: The bond. Mayor Suarez: Yes, the bonds that were passed by the voters in which, I think almost everyone, if not all of the members of this Commission supported, and it about a billion dollars? Ms. Pit: At this point in time, the only thing that we need to do is, first of all, to look at the building, find out whether or not we can in fact, use it for occupants of a program. Mayor Suarez: Oh, we can take care of that. You want access to the building, you got it. Mr. Plummer: And you'll sign a waiver before you go in. That building is in a hell of state of disrepair. Ms. Pit: Yes, it is. Mayor Suarez: Yes, why don't you do that, and since the Commissioner is asking to defer anyhow, we'll be in a better position to tell you whether we are able to do it, but you might take back the message that we'd very much like to sell that property. Ms. Pit: OK. Mayor Suarez: It is on our list to sell, not to... Mr. Plummer: Yes, we want them to be just as gracious as they are in considering to the University of Miami. Ms. Pit: But, Commissioner Plummer, let me say this to you - our intent in utilization for the building would be ultimately to assist the City of Miami with a problem that is really under your jurisdiction. Mr. Dawkins: OK, I'll make you a deal. You go and find out how many the homeless that you are going to help Brother Paul move from his facility to your facility, and then come back and I'll talk. Ms. Pit: OK. We do have at the present time, programs at the mission and are working with Brother Paul. Mr. Dawkins: Wonderful. Good. Mayor Suarez: It would house them on a permanent basis? Ms. Pit: Yes, we are planning to establish... Mayor Suarez: How many roughly, have you guessed, just as a... Ms. Pit: We don't have any idea as to how many square feet are in that facility. Mayor Suarez: All right, why don't you get all that together, because even though I am going to vote to defer in deference to the Commission, I might be very interested in voting in favor of it later. Yes. 193 July 21, 1988 i 0 Ms. Dagmar Pelzer: My name is Dagmar Pelzer, I am with the School Board also. My address is 3180 Oak Avenue. The question you are asking about how many homeless are going to be moved, there is presently no shelter, and no training facility as such for homeless women in the City of Miami and that is one of the problems we wish to address with that. The number of homeless women is... Mavor Suarez: Let me ask you a question because this is interesting to me, and probably to the rest of the Commission. When you say you are also with the School Board, you work for the School Board? Ms. Pelzer: Yes, I do. Mayor Suarez: And the School Board is getting involved in the homeless problem? Ms. Pelzer: Yes. I run a homeless program at the Miami City Mission. We are now opening up educational facilities with the Salvation Army. We are negotiating that. We are involved in the entire project with the Coalition for The Homeless that is restoring that house. Mayor Suarez: Is that part of the adult education? Ms. Pelzer: Yes, it is. Mayor Suarez: All right. Mr. Dawkins: Is it Federally funded or is it funded with State dollars? Ms. Pit: Dade County. It is funded thorough the Miami Skill Center, which is located across from the old fire station. Mr. Dawkins: Is that Federal funds or State funds? Ms. Pit: It is local and State funds. Mrs. Pelzer: Both, right. Mr. Plummer: You are saying that there is not a home for the homeless for women? Mr. Dawkins: Females. Ms. Pelzer: That is correct, not shelters as such. They are all temporary. They are not... how do I want to... Ms. Pit: They are not residential in nature, they are just over night for... Mr. Plummer: Where are they for men? Ms. Pelzer: They are at Miami City Mission, Camillus House is for males, Salvation Army is for males. On the Miami City Mission, for example, the residents can stay there as long as they wish. Mr. Plummer: But at the Camillus House it is temporary. It is who is standing in line first and what is the facility at SW 1st Street and 14th Avenue? That's a division of Salvation Army for ladies, as is the one on the river for men. Ms. Pelzer: That is also a program, a temporary type program. They also go in there, they pay their dues at night, and then they leave early in the morning. Mr. Plummer: Are you proposing that we make a permanent home for homeless? Ms. Pit: No. Ms. Pelzer: No, we want to train them. We want to train them to become employable. Ms. Pit: I would like to tell you briefly, because I think what you are about to hear will really surprise you, and if you have just a couple of minutes, I 194 July 21, 1988 think you would understand better our intent. Our intent is to bring in DOL, create an innovative program through something similar to what the job corp. is r4�<ng. but with an older population, men and women, to house them on the second floor of this facility to create on the bottom floor of the facility, a training situation, where we will be training in building trades with the intent of letting them remain there while we are providing them this trade, and then employing them as a result of the bond issue, hopefully, in the construction areas. We have now a verbal agreement based upon the acquisition of the facility, or the lease, whatever we can arrange, with DOL. They are interested in this as a pilot project. They think that it can capture attention for many cities and that it can be used as a roll model. The reason why I am interested in that particular location is because the Miami Skill Center, which I run at the present time, across the street, diagonally, will be renovated beginning in October, as part of the bond issue, we are getting a total new face lift for the $2,000,000 and that would add to the program and I would have a child care center that will be housed at the Miami Skill Center to assist even in the caring of children that these people may have. It would alleviate with a severe problem that exists in the City today. Mr. Plummer: You know why Dr. Sheppard, on behalf of the School Board, vacated that building? Ms. Pit: I have no idea. Mr. Plummer: Well, let me tell you. First, it was too small, and second, it was because of the condition of the building. Ms. Pit: DOL, when they take over a building such as the Ada Merrick, which took over from the school system for $1.00 a year, will invest millions to renovate the facility. Mr. Plummer: They didn't spend any money at Ada Merrick. Ms. Pit: Yes, they have, $2,000,000 to date. Mr. Plummer: Somebody got robbed. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. We have a motion to defer. Mr. Dawkins: Mr. Mayor, we have a motion to defer and while we are deferring, we just gave $32,000 this morning to the Christian Community Services, Inc. Mayor Suarez: For homeless shelter. Mr. Dawkins: ... for the purpose of funding the establishment of an emergency shelter for homeless families. While this is in deferral, I would like to have this group, or our staff meet with Christian Community Services agency and see if there is some kind of a way that the two of them could serve the homeless women, and transportation be provided to bus them from the place where they already have a shelter, to the training center. Mayor Suarez: As part of the motion to defer, and the indication to the City Manager and to you to look at this facility, you ought to take into consideration that is going to be part of the motion that the Commissioner suggestion that you work with Christian Community Services on that possibility, and we are not voting today on this item, because we have a motion to defer and we have a courtesy tradition here of deferring to the Commissioner's request. I have my own views on this, which I will air at the time that we take the vote on the merits. Mrs. Kennedy: I would also vote with the motion to defer, but I am very interested in your program and I urge you to call my office and speak to somebody there. Ms. Pit: Thank you, we will. Will we be able to look at the building? Mr. Plummer: Sure. 195 July 21, 1988 0 0 Mayor Suarez: Yes, absolutely. We've got that built into the motion too. That gives you a little more chance to prepare. Mr. Plummer: Wear a hard hat! Mayor Suarez: OK, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-719 A MOTION DEFERRING CONSIDERATION OF A REQUEST FOR SUPPORT BY DADE COUNTY PUBLIC SCHOOLS TO LEASE CITY - OWNED BUILDING LOCATED AT 1401 NORTH MIAMI AVENUE TO BE USED AS A FACILITY TO PROVIDE TRAINING AND HOUSING FOR THE HOMELESS AND OTHER DISADVANTAGED ADULTS WHO NEED TRAINING; FURTHER INSTRUCTING THE CITY MANAGER TO WORK WITH CHRISTIAN COMMUNITY SERVICES TO PROVIDE TRANSPORTATION FOR THE HOMELESS WOMEN FROM THEIR CURRENT SHELTER TO THE PROPOSED TRAINING CENTER. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------- 60.1 ORANGE BOWL MODERNIZATION PROJECT - PHASE II - (CONTINUED DISCUSSION) - APPROVE IN CONCEPT - DESIGNATE PROJECT AS CATEGORY B - AUTHORIZE TO ADVERTISE FOR PROFESSIONAL PLANNING AND DESIGN SERVICES (See label 6). Mr. Plummer: Mr. Mayor, we have in resolution form now, the item 32, and I'd like to bring up at this time - I think every Commissioner has had the opportunity to read a resolution - NOTE: AT THIS POINT, COMMISSIONER PLUMMER READS TITLE OF RESOLUTION INTO THE PUBLIC RECORD. SEE HEREINBELOW. I so move. Mayor Suarez: So moved. Who do you have in mind, if anybody, Mr. Manager, for that selection committee other than Mr. Cather? Mr. Plummer: It is outlined Mr. Cather, Mr. Carlos Smith, Diane Johnson, Edith Fuentes, Carlos Garcia, Wally Lee, Adrienne Macbeth, Aurora Badia, and Joe McManus, Clyde Judson and John Blaisdell. Mayor Suarez: Those are all City staff people. You have no outsiders at all? And how many is that committee? I thought you said three. Mr. Plummer: No. Three are the professionals. This is the competitive selection committee. Mayor Suarez: OK, call the roll on the resolution. Ms. Hirai: We need a second, Mr. Mayor - need a second on the motion. Mr. Plummer: I made the motion. Ms. Hirai: Yes. Mayor Suarez: We have a second. 196 July 21, 1988 0 L Ms. Hirai: We need a second. Mr. Plummer: Rosario? Mayor Suarez: Second that? Mrs. Kennedy: Second. Mayor Suarez: If not, I will second it. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-720 A RESOLUTION APPROVING THE CONCEPT OF THE ORANGE BOWL MODERNIZATION PROJECT - PHASE II, AS PRESENTED BY THE ADMINISTRATION AND AS SET FORTH IN THE ATTACHED SCHEDULE, AT A TOTAL COST NOT TO EXCEED $16,000,000; DESIGNATING SAID PROJECT AS A CATEGORY B PROJECT AND AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE PROFESSIONAL SERVICES OF A QUALIFIED PLANNING AND DESIGN CONSULTANT(S) IN THE FIELDS OF ARCHITECTURE AND ENGINEERING TO PREPARE PLANS AND SPECIFICATIONS AND TO OVER SEE CONSTRUCTION OF SAID PROJECT UTILIZING CERTIFICATION AND COMPETITIVE SELECTION PROCEDURES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) MEMBERS WHO ARE PROFESSIONALS IN THE SPECIFIED FIELDS OF ENDEAVOR FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO APPOINT A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS AS DESIGNATED HEREIN BELOW AND APPOINTING DONALD W. CATHER, DIRECTOR, DEPARTMENT OF PUBLIC WORKS AS THE CHAIRPERSON OF SAID COMPETITIVE SELECTION COMMITTEE; THE FOREGOING BEING SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983 AND TO ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING THOSE DEFINED IN SECTION 18-52.3 OF SAID CODE. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 197 July 21, 1988 0 0 61. 1988 MIAMI CITYFAIR - (C')NT!N"-'D DISCUSSION) - APPROVE APPLICATION FOR TEMPORARY SPECIAL EVENT, PERMIT FOR MECHANICAL RIGHTS, ETC., WITH PROVISOS (See label 25). ------------------------------------------------------------------------------ Mayor Suarez: You are ready on that item? Which was that? Mr. Robert Sechen: Number 132, Mr. Mayor. Mayor Suarez: 132 from July... Mr. Sechen: 14th. Mayor Suarez: ... 14th agenda. Is the City now recommending the fee? Mr. Plummer: Well, under a different set of terms and conditions. Mayor Suarez: That's what I mean. Mr. Plummer: Yes, of course. The terms and conditions presently are at this point. It is for one year to try it as an experimental basis. The City will receive a minimum of $10,000, or $1,000 a day, or ten percent of gross. Mrs. Kennedy: Plus... Mr. Plummer: Oh, I am sorry, plus a fee to be negotiated with the Bayfront Park Trust. Mrs. Kennedy: It was negotiated. Mr. Sechen: Which has been. Mrs. Kennedy: Which has been negotiated and it is... Mr. Plummer: OK. Mrs. Kennedy: ... and is it is $5,000. Mr. Sechen: Which is... Mayor Suarez: And that other comparison was whichever is more? Mr. Plummer: No. Yes, but a minimum of $10,000. Mayor Suarez: So, it's whichever is more, OK. Mr. Plummer: All right, plus the Off -Street Parking reimbursement of... Mr. Sechen: $7,800. Mr. Plummer: $7,800. Mr. Sechen: To make up for their lost revenues for the use of the FEC, which eventually goes to the City anyway, by the way. In addition, the Bayfront Park Trust, about... just for the record, let me clarify that, it is a $5,000 minimum, as it gets ten percent of the gross, including everything which is sold, or if any revenue generated within the park. It would not allow for the use of the amphitheater, any use of the amphitheater would be different, would be also another fee paid to the trust, and there will also be other events which the trust will be earning money on during that period of time, so the trust will be making other monies. Mrs. Kennedy: And only exhibits in the bay walk. No fairs in Bayfront Park, no... Mr. Sechen: No, there will be rides whatsoever, in the Bayfront Park. Mr. Plummer: Well, I am going to caution you. As you know, I said for one year. To me, we'll experiment and see, but I want to tell you, if you are heavy on the rides and carnival, don't come back next year, OK? 198 July 21, 1988 1 0 Mr. Sechen: We would request that we be able to work with your staff over the next few months and work out a longer 1prm agreement and then see how that goes, and we'd like to ask you your direction to them, relative to that. Mr. Plummer: Not until the event takes place. Let's see what happens with this one, because I've got certain reservations I still want to express. Mr. Dawkins: OK, I have one. Although I said we were going to take over the lighting of the Christmas tree, what are you going to contribute to them? Mr. Sechen: We will still do the deal that we had offered. We still will stand behind that deal, Commissioner, which is, they are our designated charity, which is the Children's Home Society, and we have worked out an arrangement with them whereby one day during the week we will do a promotion, a joint promotion with them, in which they will receive a dollar for every ticket that utilizes that promotion and they already understand that and they believe that that will help pay for their lighting at the Christmas tree, and they were very, very happy. In fact, I know that they corresponded with each of you, endorsing this whole idea. Mr. Plummer: How much is admission? Mr. Sechen: The admission will be $3.00 for adults and maybe like $1.00 for children. It is just a sort of, just in only one area, and that only one area is the FEC, so the FEC property. The Bayfront Park area will be open to anybody. We may be doing some things in the Bicentennial area, which will be open. Mr. Plummer: OK, I've agreed to this. Don't you think though, it would be a good idea if you gave a certain amount of tickets for inner-city kids? Mr. Sechen: Absolutely, Commissioner, we have already planned, we have already communicated that to number of the Commissioners. Mr. Plummer: How many? Mr. Sechen: We are going to have a day in which we are going to allow... Michael, do you want to...? Mr. Michael Milberg: At least 1,000 children. Mr. Plummer: Great. Mr. Milberg: As a matter of fact, as many as the Parks Department cares to bring in. Mr. Plummer: Fine. Mr. Sechen: On a technical... what we need, Mayor and Commissioners, is that someone move that you approve the staging of the operation of the Miami Cityfair, pursuant to sections 2003.9.1 and 2003.9.3 of the City zoning ordinances. Mr. Plummer: What the hell are those? Mr. Sechen: Those are limitations on the rides. I'll let the City Attorney. Ms. Miriam Maer: This waiver would be necessary because the zoning ordinance presently provides that you can't have a carnival of this nature other than on Thursday, Friday, Saturday and Sunday... Mr. Plummer: For four days. Ms. Maer: Yes, on an area other than certain designated areas, which are not included, which these are not included within. Secondly, to have midway rides, you also need to waive that prohibition. These two sections of the zoning ordinance are the two sections which require this waiver. Mr. Plummer: Based on that, how many rides do you propose? 199 July 21, 1988 10 0 Mr. Dawkins: I have to say, you guys are losing me because you said this morning that this was not going to be a carnival type affair. You said now you come back after we get all the details worked cu' an- __ a carnival! Mr. Milberg: It is a fair in which a carnival is a component of the fair. It has always been described as that in the proposals that we have been giving out. Mr. Plummer: OK, but here again, I rides? Are you proposing 100 rides, What's fair? Mr. Milberg: Probably. Mrs. Kennedy: A fair is fair. am asking you, are you proposing ten I think there has got to be a limit. Mr. Milberg: Anywhere between 40 to 65, that would... Mayor Suarez: Tal Fair is fair, there he is! Mr. Milberg: Those are little kiddy rides. You know, just to have a kiddy section, you need about 15 rides. Mayor Suarez: This is a bad day! Oh boy, this is all on tape, isn't it, all these puns? Mr. De Yurre: I think that, Mr. Mayor, our concern is that we are not too sure exactly whether it is going to look like the components and I think we have to have some type of safeguard, even if we improve this concept that the Administration, that staff can have a final look at this before it goes into effect. Mr. Milberg: They absolutely do, we have to pass inspection. Mr. Dawkins: How many rides does Youth Fair have? Mr. Plummer: At least... Mr. Milberg: Probably about 120. Mr. Dawkins: 120 and you want to have half that many in the FEC property? Mr. Milberg: I will say this to you, if any of you had seen the Cuban Municipality Fair in the Flagler Dog Track. Mr. Plummer: Every year. Mr. Milberg: It is similar in size to that, and... Mr. Plummer: But they only have approximately 15 to 20 rides. Rides, I am not talking about carnival booths now, actual rides that you buy tickets to get on. Mr. Milberg: There are more. Mr. De Yurre: Yes, but not 60, for sure. Mr. Milberg: Well, we will submit plans and... Mr. De Yurre: OK, I just want to make sure that the staff has final say over what you guys are going to be doing there. Mr. Milberg: It really is our intent to put on a great event that everyone will be proud of and we will get people downtown that everyone is looking for. Mr. De Yurre: What we want to make sure is that we're all proud of it. Mr. Dawkins: Well, you lose, I mean, you lose me. This is one vote you cannot get for those 60 rides. You can't get it for 50 rides, you can't get it for less than 40. That's mine, OK? I understand, just like you, the more rides you have, the more money you make. But the more rides there are there, the more congestion, the more the park is torn up, the more the grass is, the park is destroyed. 200 July 21, 1988 0 0 Mr. Milberg: The midway is only going basically on the center part of the FEC property, where there is all gravel. Mr. Plummer: There is also a Grand Prix track there. Mr. Milberg: I've met with Ralph Sanchez. Mr. Plummer: I am assuming, Mr. Manager, that it would be written in that any damage to that track would be reimbursed and is subject to their paying. Mr. Dawkins: They also got a soccer field and a baseball diamond that is there, that Miami Dade spent tax dollars to do. Mr. Milberg: We are not on that. Mayor Suarez: Are you willing to limit to some specific number of rides? Can't do that? Mr. Milberg: We just hope that... you will see, it will be in good taste. Mr. Plummer: The Manager likes to be on the hot seat. Let's make subject to the Manager's approval as far as the number of rides that he feels would be adequate or inadequate. Mayor Suarez: And the criteria, obviously, that the park not be damaged and so on. Mr. Plummer: Well, they are only going on the FEC property. Mr. Sechen: Commissioner, the fire requirements dictate that the whole layout be approved by the Fire Department and I, the Manager, or whatever, so we certainly agree with that. Mayor Suarez: Yes, but we want to express the concern about the number of rides and let the Manager make that final determination. Mr. Sechen: Absolutely. Mr. Plummer: That's fine. Mayor Suarez: With all of that understanding, I entertain a motion on this item. Mrs. Kennedy: Let's dare the Manager to pare down the fair. Mr. Plummer: Ohhhhhhhl Mayor Suarez: Oh my Lord! Mr. Plummer: Oh well, you are better at bulldozers. Mayor Suarez: Somebody move the item! Mrs. Kennedy: So moved. Mr. Sechen: Mr. City Attorney, if I could... this would include the waivers, not waivers, but the approval as required in 2003.9.1 and 2003.9.3. Thank you. Mayor Suarez: Yes, we got... Mr. Plummer: One final question. Are we limiting... Mayor Suarez: Before we vote, Commissioner De Yurre is going to want to say something. Mr. Plummer: All right, for me, are we limited in the hours of operation? What are the hours of operation, from what to what? Mr. Sechen: We are willing to conform to any type of curfews set... 201 July 21, 1988 1 0 Mr. Plummer: All right, well let's get it on the record, so there will be no misunderstanding later. Mr. Milberg: We will comply to all curfews. Mayor Suarez: Weekdays... Mr. Milberg: And weekends. Mr. Odio: I was thinking we always have 10:00 o'clock during week days and then on the weekends we go up to 11:30 p.m. Mr. Plummer: Whatever it is, let's just get it on the record so it is understood by everybody concerned. Mrs. Kennedy: That sounds all right. Mayor Suarez: OK, Commissioner De Yurre. Mr. Milberg: It will be subject to all existing regulations. Mr. Plummer: All right, one problem I am going to caution you of, it creates a problem with every one of these carnival people. One of the rules is that they cannot live on the premises. Now, you had better tell them that, because I am going to make sure the City inspectors are down there and if they have got their campers on those camp grounds, we are going to have some hell, so you had better make sure. Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: Yes, I have a problem with this. On what are we basing the ten percent. Did that figure just come out, out of the sky, or you know...7 Mr. Plummer: On gross. Mrs. Kennedy: On gross. Mr. De Yurre: Well, I know what it is, but is that the standard for this type of a business, or you know, do we know what we are doing really, when we are talking about 10 percent. What are we basing that agreement on? Mayor Suarez: In other lease agreements, of course, they are not temporary leases like this, or a contract, we've usually gone ten percent as the highest, I think, of gross. Mr. De Yurre: Well, do you go to... Mayor Suarez: But I don't know that that applies to a temporary... Mr. De Yurre: You go to schools, like the local schools that have all these carnivals and things, and they are making like 25 percent of gross. Mr. Milberg: There is a difference. If I can explain... Mr. Sechen: Commissioner, we have discussed in fact what gross is with staff and they are about to tell you what it is. Mr. De Yurre: OK. Mr. Plummer: Gross is very simple. Mr. Sechen: It is everything. Mr. Plummer: All the dollars you take in, is gross. Mr. Odio: I guess it is just ten percent, but I am just... ten percent to the City, and ten percent to the Bayfront Park Trust, so it is really... Mr. Dawkins: Why? Why should they get ten percent of what... Mrs. Kennedy: Because the park is supposed to make moneyl 202 July 21, 1988 Mr. Dawkins: Yes, but we don't get any... the City of Miami does not get anything they are paying to Bayfront Trust. Mr. Milberg: Two separate events. Two separate events. Mr. Dawkins: No, no, wait now, you keep quiet here, OK? Let me get this squared away up here. Mr. Plummer: This is an ongoing thing. Mr. Dawkins: Now, the Bayfront Park has a separate entity and they are going to get money from whatever happens there. We do not share in that over here in FEC, but now you say that they are going to get ten percent of what you make in FEC, that's not fair! Mr. Plummer: Oh, I see what you... no, what he is saying is, they are going to get ten percent of the gross, whatever the gross is, from the Bayfront Park only. Mrs. Kennedy: From the Bayfront Park, not from the FEC. Mr. Plummer: And we are going to get ten percent of the gross from the FEC and the Bicentennial. Mrs. Kennedy: Correct. Mr. Dawkins: Oh, OK. Mr. De Yurre: It is still ten percent. Mr. Plummer: No, but the difference is, we would not be entitled to any ten percent of gross that they do in the Bayfront Park. Mrs. Kennedy: Right. Mr. De Yurre: Well, I don't care who gets it, I just want the City to get it... Mayor Suarez: Yes, your question, it's essentially of ten percent, I presume is a comparison of what the minimum fee is, and it has been worked out with staff, but there is no magic in ten percent. Mr. Plummer: And that $10,000 minimum guarantee is payable in advance, seven days in advance. Mr. Milberg: Absolutely. Mr. Plummer: And you understand, just for the record, you understand we have the right of audit, and we will audit. Mr. Milberg: Absolutely. Mr. Plummer: OK. Mr. De Yurre: For me to vote on this item in a positive way, I would have to get some contracts and talk to some of the contracts that we have throughout the City for the carnivals and the events like Allapattah, who has a festival every year out there at Curtis Park, and my understanding is that they get 25 percent of gross, that's what they get over there. Mr. Milberg: The difference is that they are leasing out to a midway company, and they are spending all the money on advertising the festival, spending all the money on marketing, security, etc., etc. Mr. Plummer: Plus we don't get a minimum guarantee. Mr. Milberg: In effect, we are spending that money as the promoting company, and therefore, if you were going to take care of those costs, I would say take 25 percent of the gross, but because they are our costs, the gross comes down to ten percent. 203 July 21, 1988 0 0 Mr. Sechen: Commissioner, your staff has been dealing with these people for a number of years and we have been just negotiating with them, and they know quite well what goes on in the industry and I am sure that... Mr. De Yurre: I'd like to hear from them then. Mr. Plummer: I'm scared of my staff. Mayor Suarez: The Commissioner is particularly concerned... Mr. Plummer: They started negotiations and they were getting 30 percent guarantee, and they negotiated and we got $2,500 guarantee. Mayor Suarez: The Commissioner is particularly concerned about, and I think he seen some of those, and I have too, agreements with churches and so on that fairs are put on their grounds and if you have any idea in staff, of what those agreements are typically like, I have seen a couple, but I forget what the figures are on that. Mr. Milberg: The best I can explain it would be that we have in the past had small carnivals on lots where the revenue created from those carnivals, which were unadvertised events, they would just basically set up, we did those carnivals as a vehicle to raise money for our handicapped division, for the City of Miami. Mayor Suarez: You are talking about our own events in our own parks. You don't know of any industry standard, or typical industry contract for the ones we are talking about? - in other facilities by other entities, other than the City? Mr. Milberg: No, I wouldn't. Mr. Plummer: Excuse me, let me make sure... you tickle me! We are getting ten percent of the gross of what is taken in on the rides, not ten percent of what the ride man gives to him. Mrs. Kennedy: Correct. Mr. Plummer: Gross is... all subcontractors, their total numbers are gross. Mr. Milberg: The way we had discussed it would be... Mr. Plummer: Well, let me define that a little clearer, OK? I think that the normal split on rides is 60/40. I think that is the normal, and I'll use that for the example, that the ride man gets 60 percent and he gives 40 percent to the promoter. We are not looking for ten percent of that 40. We are looking for ten percent of the total. You understand what I am saying? Mr. Milberg: Yes. Mr. Plummer: If they take in $1,000,000 on the rides, we are looking for $100,000 from the rides alone. It has nothing to do with the split between him and the ride man. Mr. Milberg: What you are referring to, I believe, is where they have a subcontractor come in and then they have that split. Mr. Plummer: It has no bearing on us. Mr. Milberg: We will take a ticket count... Mr. Plummer: The total revenues. Mr. Milberg: Correct, we will do a count from the first ticket sold to the last ticket sold on the rides, and we will take ten percent of that. We will also take ten percent of any admissions charges, ten percent of any parking charges, if they elect to do the parking, that is an option that we haven't vet... Mr. Plummer: Where? Mr. Milberg: In the Bicentennial Park. 204 July 21, 1988 Mr. Plummer: No, no. Mr. Sechen: There is... go ahead. Mr. Milberg: There is a portion of the FEC property that is a paved lot. If we take over that parking lot, that is the reason why we are paying the... Mr. Plummer: Well, that is with the Department of Off -Street Parking, that is not us. Mr. Milberg: ... seven... exactly, exactly! Mr. Plummer: Because I don't want... OK. Mr. Milberg: You are getting ten percent of all revenue derived from FEC and Bicentennial, no matter what it is... Mr. Plummer: Finel Mr. Milberg: ... in its gross form. Mr. Plummer: The only thing I ask, Mr. Manager, that you write in, any damage done to that track will be corrected and paid by them. Mr. Dawkins: But the track, the park, or anything that is City owned. Mr. Plummer: Other than normal wear and tear. Mr. De Yurre: You guys do this up in Broward County, don't you? Mr. Milberg: My partner is the midway company that supplies Broward County with the midway for thirteen years. He started it. Mr. De Yurre: OK, but this type which you are proposing for right now, you do have this type of activity up in Broward County? Mr. Milberg: Correct. Mr. De Yurre: Right? Mr. Milberg: Yes. Mr. De Yurre: OK, I'd like to see your latest contract up there, that is what I'd like to see, see what the numbers are. Mr. Plummer: How do our numbers stack up against that contract up there? Mr. Milberg: 1 have not seen that contract. Mr. De Yurre: OK, well let's see it. Mr. Dawkins: And that's your partner? Mr. Milberg: No, sir. It's my partner for this fair in Miami. He does sixteen fairs across the eastern seaboard. Mayor Suarez: OK, do we have a motion? Mr. Plummer: It is already made. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Ms. Hirai: Mr. Plummer, are you seconding the motion? Mr. Plummer: Yes, that's fine. 205 July 21, 1988 4q. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-721 A RESOLUTION CONCERNING THE 1988 MIAMI CITYFAIR TO BE CONDUCTED DECEMBER 2-11, 1988 IN BICENTENNIAL PARK AND ON THE BAYWALK IN BAYFRONT PARK AND ON THE F.E.C. PROPERTY; APPROVING THE APPLICATION FOR A TEMPORARY SPECIAL EVENT, CLASS B SPECIAL PERMIT FOR MECHANICAL RIDES ON THE F.E.C. PROPERTY ONLY, PURSUANT TO SECTION 2003.9 OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND SUBJECT TO APPLICABLE REQUIREMENTS CONTAINED THEREIN; AUTHORIZING THE CITY MANAGER TO ISSUE THE NECESSARY PERMIT(S) AND TO EXECUTE THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND CONTAINING THE PROVISIONS DETAILED HEREIN; SUBJECT TO AND CONDITIONED UPON SUCH LIMITATIONS AND REQUIREMENTS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING THE REQUIREMENTS FOR ADVANCE PAYMENT OF ALL CITY SERVICES AND FEES AND PAYMENT FOR ANY AND ALL DAMAGES TO CITY PROPERTY AS A RESULT OF SAID EVENT; FURTHER DECLARING THAT THIS RESOLUTION DOES NOT CONSTITUTE AUTHORIZATION FOR THE STAGING OF ANY FUTURE CITYFAIR EVENTS AFTER 1988 AND DIRECTING THAT AUTHORIZATION, IF ANY, FOR FUTURE CITYFAIR EVENTS WILL BE CONTINGENT UPON A FAVORABLE REVIEW OF SAID EVENT HELD IN 1988. (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 J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: No, I cannot vote for anything that does not tell me how many rides you are going to put there, so I vote no. ------------------------------------------------------------------------------ 62. FIRST READING ORDINANCE: REQUIRE THAT ANY FUTURE LEASES OF CITY PROPERTY TO PRIVATE CLUBS OBSERVE ADOPTION AND IMPLEMENTATION ACTION PLAN. ------------------------------------------------------------------------------ Mayor Suarez: Item 33, proposed ordinance to require incorporation of minority participation requirements in provisions of lease agreements with private clubs for City -owned real property. What does that mean? Mr. Fernandez: Yes, that is an item that we've brought to the agenda at the request of Commissioner Dawkins... Mayor Suarez: OK. Mr. Fernandez: ... and that is by way of an ordinance establishing that in the future, any City -owned property that would be rented or leased to private clubs, should contain language as set forth in this ordinance, and we really in this ordinance would mirror the language that they must comply with all the affirmative actions and minority issues that the Commission has imposed on all the other contracts. Mrs. Kennedy: Is this membership? 206 July 21, 1988 0 0 Mayor Suarez: Is that as to membership or as to like who they deal with? Mr. Dawkins: That's everything. Mayor Suarez: Here it is... Mr. Fernandez: As to everything, membership... Mrs. Kennedy: OK. Mr. Fernandez: ... also. Mr. Dawkins: Everything, Commissioner. Mr. Fernandez: It's in front of you for a first reading today as a regular ordinance... Mr. Plummer: What item, what number? Mr. Fernandez: This is item 33. Mr. Plummer: No this is before us today is for discussion. Mr. Fernandez: What was that, sir? Mr. Plummer: Item 33 is for discussion. It's not... Mr. Fernandez: Well, for discussion, and then as a courtesy to Commissioner Dawkins, I have prepared at his request, an ordinance for him to consider as he discusses the item with you. Mr. Dawkins: And all I'm saying is that who ever leases the land, should provide equal opportunity for previously disadvantaged groups such as minorities, shall institute an affirmative action plan, the minority membership of the club, representatives of the City of Miami's population, shall consist of no less than 10 percent of the total membership after the first year of the lease and then they shall increase this minority membership 5 percent per year thereafter until such time as the total club's memberships reflects the minority percentages represented to the City of Miami's population. Lessee shall provide a minimum of six public service functions for minorities at the club facilities which shall include three for Hispanic and three for Blacks. Four of the six public service functions shall be scheduled during the summer months of June, July and August of each year and shall include two for Hispanics and two for Blacks. And the reason that I'm doing this is we sit here and we keep talking about all the boat clubs, and we keep asking them about getting minorities involved and they don't, so I feel that this should be a part of any lease that they get. Mr. Plummer: Well, hold on, my brother. Mr. Dawkins: Yes, sir, my other Blue Brother. Mrs. Kennedy: Amen. Mr. Plummer: You know you're making an ordinance like there are no hardship Anglos, if that's the term. Now, I say that in all sincerity that there are underprivileged where you are only providing for here is the Anglos and the Blacks, I think that there should be a mandate to provide for the Anglos. Mayor Suarez: For the record, he meant to say the Hispanics and the Blacks. Mr. Plummer: OK. Mr. Dawkins: But I have no problem, J.L. Ronald Reagan has made disadvantages of all of us... Mr. Plummer: That ain't no lie. Mr. Dawkins: Black, Whites, Cubans, what have you. So with that in mind, I say, that all minorities and disadvantaged should be provided for and I have no problem with adding that. 207 July 21, 1988 Mr. Plummer: But I'd like to spell out in the ordinance. Mr. Dawkins: I say, I have no problem with adding that. Mr. Plummer: OK. Mrs. Kennedy: Well, the Supreme Court... Mr. Plummer: Three days for the Latins, three days for the Blacks and three days for Anglo. Mr. Dawkins: ...Black and three days... OK, right. Mrs. Kennedy: You know that the Supreme Court upheld the... Mr. Plummer: I just don't feel like an Anglo, there must be a better term. Mr. Dawkins: It is, redneck. Mrs. Kennedy: Commissioner Dawkins... (LAUGHTER) Mr. Plummer: You had to be so damn truthful. Well, I guess from here down is blue and from here up is red. There must be a better term than Anglo. Mrs. Kennedy: On a more serious note, Commissioner Dawkins, the Supreme Court upheld the private club bill recently in New York, so I vote for that. Mayor Suarez: OK, we have a motion, do we have a second? Mrs. Kennedy: Second, second. Mayor Suarez: Do we have a motion? Call the roll. Mr. Fernandez: If it's an ordinance, it should be read. Mayor Suarez: Read the ordinance. Mr. Plummer: That's only for future negotiated leases on City -owned property. Mr. Fernandez: Right. Mr. Plummer: May I suggest, Mr. Manager, I don't know where the leases are on that are presently there that might be up in a year or two that for second reading you invite all of the present City owned - any of those that fall in this category, to be present to express their opinions on the second reading. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REQUIRING THAT ANY FUTURE LEASES OF CITY - OWNED PROPERTY TO PRIVATE CLUBS CONTAIN PRESCRIBED LANGUAGE AS SET FORTH IN THIS ORDINANCE, WHICH LANGUAGE MANDATES ADOPTION AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN BY SUCH CLUB, SAID PLAN TO RESULT IN PARTICIPATION BY MINORITIES IN CLUB MEMBERSHIP AND ACTIVITIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: 208 July 21, 1988 0 0 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 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. 63. FISHER ISLAND - DISCUSSION IN CONNECTION WITH FEES OWED FOR USE OF RAMPS AND LANDINGS ON CITY PROPERTY. ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Manager, talking about private clubs. What's the story about Fisher Island and Virginia Key? It was my understanding when I came on, and I think we talked about it way back then, that we were charging $3,000 a month for the use of that area. Mr. Odio: They had at one point we were talking to Mr. Reboso, Bebe Reboso... when he owned Fisher Island and I understood then, I was not the City Manager, that they had made an offer to pay us for using of the landing at Virginia Key. Mr. Plummer: But what landing? They are, in fact, paying us for the landing on MacArthur Causeway. Mr. Odio: That's right. That could be - in the meantime, they... Mrs. Kennedy: But not for Virginia Key. Mr. Odio: ... we found out that they were using two other landings. Mr. Plummer: Yes, well they had always used, for the employees and the funneling of supplies, the old shrimp docks. Mr. Odio: But they were supposed to pay; they were doing that without paying us and we are now negotiating with them for them to pay. Mr. Plummer: Do you have that in writing? Because I don't ever remember establishing a fee. Mr. Odio: No, I remembered... the only thing I can remember, like I said, I was not involved was, was that there was a fee established for a use of a landing and it could be the one on the other side for $3,000. In the meantime, they have been using two other landings. Mr. De Yurre: That's not City of Miami property. Mr. Odio: Yes. Mr. De Yurre: Where the ferry is? Mr. Plummer: Where it is now? Mr. De Yurre: Yes. Mr. Plummer: We had some kind of... Mr. Odio: Yes. Mr. Plummer: ... we had some kind of control there. Mr. Odio: We had some control over that. 209 July 21, 1988 Mr. Plummer: Yes, they had to come here and went through a hassle with then, as we do everybody. Mayor Suarez: Anything else on that? Do you want to find out about the other landings? Mr. Odio: Wait, wait, Don might - I think he was negotiating at that time, maybe he can add something. Mr. Don Cather: Commissioner, at the time, about several months after they had started using the ramp which they created at Norris Cut to load barges to move material and workers from one side to the other, we were complaining about we wanted to get money for parking of their employees' vehicles there along with the workers at the shrimp docks and also they agreed to put in the new landing for us and build a parking lot and that just kind of fell apart and that's the last... Mayor Suarez: Do you have that in writing? Mr. Don Cather: No, we had nothing in writing. This was just discussions that one of the assistant City Managers had with Billy Reboso in terms of what he was going to do when he promised us that he was going to build this parking lot and then pay us, but it never - he never built the parking lot, he never built the other thing. Mr. Odio: No, what happened in to be... I guess it's nobody's fault... Mayor Suarez: Wait, let me ask a question, is... Mr. Odio: ... in the meantime, Mr. Reboso lost the island to the... Mayor Suarez: Is anybody interested in the history of this thing? I thought you were interested in finding out if they were paying now for whatever facilities of ours they're using. Mr. Odio: No, they're not paying and we're going to try to make sure we try to do... Mr. De Yurre: No, I just... my understanding was they were paying, so... Mayor Suarez: I have absolutely personally no interest at all in the history of this thing. I'd like to know if they're paying for the use of our landings, that's all he asked. Mr. De Yurre: Well, what are we at right now? Are you negotiating then for the use of our property? Mr. Odio: Yes. Mayor Suarez: Thank you. ------------------------------------------------------------------------------ 64. COCONUT GROVE SAILING CLUB LEASE AGREEMENT - REQUEST CITY ADMINISTRATION TO PROVIDE COPY TO THE CITY COMMISSION (SEE LABEL 66). ------------------------------------------------------------------------------ Mr. Plummer: Let me ask another question. Some months ago we had a proposal before this Commission, Mr. Manager, in reference to the Coconut Grove Sailing Club in the renegotiation of their lease. I've not heard anything since. They came before this Commission, and you will recall, asking that the lease of the Coconut Grove Sailing Club be up for renegotiations and it was to come back before this Commission and I've not heard a word. Mayor Suarez: Well, find that out and let's go on to the next item, please. Mr. De Yurre: That was a long time ago. Mayor Suarez: Yes, it was a while ago. Mr. Plummer: No, it was within the last year. 210 July 21, 1988 Mayor Suarez: That was a while. Mr. De Yurre: Well, I know, but for me it was a long time ago. Mr. Plummer: Would you please, the City Clerk, would you go back and bring the minutes to the City Administration in reference to the Coconut Grove Sailing. Mayor Suarez: Let's see when we're supposed to get a report back from them. 65. MIAMARINA RENOVATION PROJECT - DISCUSSION AND TEMPORARY DEFERRAL (SEE LABEL 67). Mayor Suarez: Item 34, Miamarina renovation project. Mr. Don Cather: At this time, the assistant director, Mrs. Aurora Badias, would like to speak to this item and she has been working on this for several months now. Ms. Aurora Badias: Hello. My name is Aurora Badias, I am the assistant director of public works. Based on the conclusion reached in the consultant report and some in-house studies that we did in the department of public work, the recommended procedures for making necessary repairs to assure the continued operation of the marina, are as follows. First, we are going to remove the mooring... OK - the mooring piles, the mooring piles are the free standing piles that right now are falling because they are too short and they are not strong enough. We are going to replace this one with Green Heart pilings that are stronger and we are going to use a suitable size on these pilings. Mayor Suarez: When? Mr. Plummer: What did the specs call for? Mayor Suarez: Wait, I got the first question here. Ms. Badias: No, the spare... Mr. Plummer: I'm sorry, go ahead. Mayor Suarez: I just want to know when are they going to do that? Ms. Badias: The specs call for treated piles of 40 feet long, but... Mayor Suarez: That's all right, answer his question, don't answer mine. Mr. Plummer: Are these in compliance with the way the specs were issued? Ms. Badias: Yes, they were. Mayor Suarez: When is it going to be done, Aurora? Ms. Badias: Well, we don't know because we are going to divide this in phases. Mayor Suarez: Oh, I've heard that, let's see, since the opening of Bayside, I've heard we're going to divide it in phases. Ms. Badias: Well, we'd like to start as soon as possible. Mayor Suarez: When is the work going to be done and finished if you know? If you don't know... Ms. Badias: We haven't' start yet in this work. We haven't start in the Miamarina. Mayor Suarez: You haven't started? When is it going to start then? 211 July 21, 1988 Ms. Badias: Oh, as soon as possible. Mayor Suarez: As soon as possible she says. Ms. Badias: We are going to see. We are going to propose some of the modifications we want to do and according to that, you decide. But we don't have any money right now. OK, this is the first step to replace the mooring piles. Whatever we take out, if they are in good condition, we are going to use that for future marinas or parks. Then, the second step will be the repair of the main piers and the finger piers. Finger piers are the ones that are lateral to the main piers. Mayor Suarez: You're pointing all at pier A. Ms. Badias: Well, we are going to replace or repair the whole marina. Mayor Suarez: Right, but you were pointing at pier A first. Ms. Badias: A, B Mayor Suarez: Now, are these going to be staggered, the work? Ms. Badias: Yes. Mayor Suarez: OK, you're going to complete one before you go on to the next. Ms. Badias: That's what I said to you, in phases, yes. Mayor Suarez: OK and - OK, that's what you mean by phases. Ms. Badias: Yes. Mayor Suarez: When you're doing one, the other two will be OK and will be usable as we've done in the past? Ms. Badias: Will be usable right now. Yes. And then when we finish the pier A... Mayor Suarez: What's the whole process going to take, how long? Ms. Badias: I imagine it will be about probably nine month. Mayor Suarez: Wow, OK. Mr. Plummer: Let me - you know, something, you're talking about redoing and we haven't even opened up part of it yet. Where did the screw up come that we're talking about in excess of a million dollars? Ms. Badias: In excess 1.7 million. Mr. Plummer: But what... Mr. Odio: Commissioner, we're in court - you ordered the City Attorney to sue to try to retrieve damages for this because we feel it's both in the design and in the construction that was defective. Mr. Plummer: But she just said on - and I hope she didn't - on the record... Ms. Badias: Yes, both are... Mr. Plummer: ... she said that this is what was put forth in the original specs. Ms. Badias: That's what we mean, the design was wrong and the construction also. Mr. Odio: The design - that's what she's trying - she's saying that the design was wrong, we feel, and the contract... Mr. Plummer: Who did the design? 212 July 21, 1988 0 Ms. Badias: Frazier Mr. Odio: Ron Frazier Mrs. Kennedy: We're suing Mr. Frazier, that's why we shouldn't... Mr. Odio: And, by the way, the City, because, you know, we're always the bad guys, the City did not select the architect. It was the Rouse Company and we did not select the architect but... Mr. Plummer: Well, are we suing Rouse? Mr. Odio: No, we're suing the architect and the contractor. Mr. Plummer: Why aren't we suing Rouse if they made the selection? Mr. Odio: You'll have to ask the City Attorney that, I... Mr. Plummer: City Attorney. Mayor Suarez: Why did they select a... following up on the same question, did the Rouse Company select because we allowed them to or because that was a contractual... Mr. Odio: We allowed them to do... to expedite. Mr. Plummer: Well, why aren't they responsible for these repairs? Mr. Odio: The architect... Mayor Suarez: Is there any way that we can make them responsible, Bob? Mr. Odio: It's the architect that signs the drawings. Mr. Plummer: No, excuse me... Mayor Suarez: But wait, but wait, he's looking at another party, like you sue everybody in sight, that's the way lawyers typically work, you know, he knows that. i Mr. Odio: Well, I'm not a lawyer, you got to ask him. Mr. Plummer: No, but I'm saying, they made the mistake and it was at the selection of Rouse, why aren't we holding Rouse responsible? Mr. Odio (OFF MIKE): Well, you have to ask a lawyer... Bob Clark, Esq.: We're probably joining with Rouse in suing Frazier and we, based on the input that we're having from you tonight, would have no problems with respect to filing a cross claim against Rouse. Mr. Plummer: Look, I'm not a lawyer. Mayor Suarez: You want him to look at that and bring back an opinion on that? Maybe he ought to consider... Mr. Plummer: Well, you know, I'm looking at 1.7 million dollars so that if we got a chance to recover better from Rouse than we do the others. Mayor Suarez: I think we ought to find out what Rouse's contractual responsibility or tort responsibility or any kind of responsibility... Mr. Plummer: You're saying that Rouse picked the design. Mr. Odio: At our request, yes. Mr. Plummer: At our request. Mr. Odio: Yes. Mr. Plummer: But they made the selection... 213 July 21, 1988 Mr. Odio: Yes. Mr. Plummer: ... and based on their selection, everything was wrong. Well, I'm saying these needed repairs were wrong. Mr. Odio: The total reconstruction of the marina was wrong. Mr. Plummer: So it was through their direction that we are now being asked to pick up a million seven. Mr. Odio: Technically, yes and I said I'm not... Mr. Plummer: Have you filed a lawsuit? Mr. Clark: We had been sued by McNue Construction Company... Mr. Odio: For payment. Mr. Clark: For payment. We have the authorization from you to not only file the counter claim against McNue, but also bring in and file other law suits... Mr. Plummer: Have you filed any lawsuits? Mr. Clark: We have. We're involved in litigation at this time. Mr. Plummer: Why haven't you filed against Bayside? Mr. Clark: I'll get back with you on that. Mr. Plummer: No, I'm asking why didn't you? Mr. Clark: I don't know. You're talking now about the Rouse Company? Mr. Plummer: The Rouse Company... Mr. Clark: Right. Mr. Plummer: ... whoever made the selection. Why weren't they sued? Hello. Mr. Clark: I think the answer is that we have just received from you in the last Commission meeting, authority to bring the lawsuits that you're talking about and for all I know, there may be litigation pending against Rouse filed by the City. Mr. Plummer: Well, can... Mr. De Yurre: Why don't we find out the exposure that Rouse has? Mayor Suarez: Do you want him to look at the exposure and come back to us on it? Mr. Plummer: Very definitely. Mr. Clark: Surely. Mayor Suarez: All right... Ms. Badias: OK. Mayor Suarez: ... anything further? Very quickly. Ms. Badias: Very quickly, well, the following step will be the repair of the marina and the pier. We have three alternative. One that was prepared for the consultant, another one that we prepared, and the other one will be similar to the Dinner Key. The cheapest one is the one that the consultant prepared that is just the repair work. But we don't think it the best solution because we are going to have a higher liability, a higher maintenance and the life expectancy will be shorter than the other two alternatives. The second one, the one that we propose, is about a million dollar construction and that will be a very simple one. We are going to leave the existing piling and we are going to replace all the pier caps and the deck. 214 July 21, 1988 Mayor Suarez: And the deck? Ms. Badias: And the deck. We are going to replace the ipck Mayor Suarez: Wow. And what are the pier caps, just out of curiosity? Ms. Badias: The pier caps are in very bad shape. The rave... Mayor Suarez: What are they? Out of curiosity, what are the pier caps? Ms. Badias: They are concrete but because they cut the pier caps in this project, they exposed the bars. When you expose the bars, they will corrode and the concrete will break due to the corrosion and expansion of the bars. Mr. Plummer: What did this cost us originally? Ms. Badias: Originally, one point seven. Mr. Plummer: This project was 1.7. Ms. Badias: One point seven million. Mr. Plummer: And now we're asked to spend 1.7 million again. Ms. Badias: No, no, no, no. We are saying we are going to spend one million in our proposal. Now, if we want to do something... Mayor Suarez: Only 55 to 60 percent. Mr. Plummer: No, I'm looking here at step one, at $240,000. Ms. Badias: That's two hundred and forty, yes. Mr. Odio: We're not recommend... Mr. Plummer: And step two at nine hundred and eighty one. Ms. Badias: That's true. Mr. Odio: Wait, excuse me, that's what we're recommend... I'm recommending step two. Mrs. Kennedy: Now, in step two that you recommend, you will leave the existing concrete piles... Ms. Badias: Concrete pilings, yes, because we think they are in good condition. Mr. Odio: But what we're trying to do is salvage as much as we can. Ms. Badias: And also... Mrs. Kennedy: Right, I understand and what is the life expectancy? Mr. Plummer: Fifteen years. Ms. Badias: It will be fifteen years and... Mayor Suarez: He was just saying that we're going to spend a million dollars to repair something that cost a million seven a year ago. That's what he's saying. Mrs. Kennedy: Yes. Mr. Plummer: Yes. Mr. Odio: That shows you, if you look at what we're doing back here... Mayor Suarez: I don't even want to know what it shows us. Mr. Odio: What we're doing back here, that's a perfect marina, that back here and... 215 July 21, 1988 0 n Mr. be Yurre: When would you start doing this work? Ms. Badias: When? Which one? Mr. De Yurre: When? Hello. Ms. Badias: Which one? This work or the other one? Mayor Suarez: Any of it. Mr. De Yurre: Yes. Ms. Badias: Well, this one was finished a year ago. I don't know when they started. Mr. De Yurre: Well, I'm talking about the repairs. Mayor Suarez: The repairs, the repairs. Ms. Badias: Well, we are going to start as soon as we get the money and everything, I mean... Mr. Plummer: Where's the money coming from? Mr. De Yurre: OK, let me ask you... Ms. Badias: I don't know. (LAUGHTER) Mrs. Kennedy: Mr. Manager. Mr. De Yurre: From Rouse, eh? Mr. Plummer: She looked like she got bit by a rattlesnake. Mr. Odio: We will have to... Mr. De Yurre: Hey, you know, the concern, Cesar, you know, the concern that I have is and I'd like to address the City Attorney, is whether we can go ahead and start doing repairs on this if this is going to be the evidence used at the trial. You know, where are we at, do we have enough evidence that we can go ahead and repair this? Mr. Clark: I don't think that the need to preserve the pier in the present condition is that critical for purposes of evidence. We could take photographs, get inspections and all of that. Mr. De Yurre: Well, I'd like to get a legal opinion from the office stating that for the record. Mr. Clark: All right. Mayor Suarez: Take a lot of pictures, do whatever you need to do to preserve... Ms. Badias: We have a report. Mayor Suarez: Don't, that's not your department. Don, last thing. Mr. Cather: For your information, we have completely photographed all of the existing marina and now we have saved all of the materials and samples and turned them over to a testing lab for safe keeping. Mayor Suarez: That's what he was getting at. Mr. De Yurre: I just want to get a legal opinion as to that. Mr. Cather: This was all done at the advice and counsel of the legal department. 216 July 21, 1988 0 0 Mr. Odio: We have, yes... Mr. De Yurre: I just want it in writing. Mayor Suarez: Very good. Mr. Odio: We couldn't touch the marina until all of that had been done. Mayor Suarez: OK, he wants a written opinion on that issue. Mr. De Yurre: OK. I just want a written opinion as to that. Mayor Suarez: OK. Mr. Odio: As far as the money is concerned, Mr. Mayor, we will have find the money and borrow and then pay it back if we get the... Mr. De Yurre: Bed tax money. Mr. Plummer: Oh, my God. Mrs. Kennedy: Oh, another one. Mr. Plummer: Here comes another magic wand. Mr. Odio: No, we can't use it for that. We cannot use it for that, but we will have to borrow some money. 66. COCONUT GROVE SAILING CLUB - (CONTINUED DISCUSSION) RESTATEMENT OF CITY COMMISSION REQUEST OF THE CITY ATTORNEY TO REVIEW THE CITY'S LEASE AS TO POSSIBLE RENEGOTIATION (SEE LABEL 64.) Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: For the record, I will hand over and take off of the hook, Mr. Odio and put Mr. City Attorney on the hook. November the 19th, 1987, motion number 87-1044, motion requesting the City Attorney to review the City's lease with Coconut Grove Sailing Club prior to the December meeting of that year and ruled as to whether or not there can be a renegotiation of said lease with the Coconut Grove Sailing Club without placing the issue on a referendum, further requesting the City Attorney to come back before the City Commission and inform its members of said legal opinion. Mr. City Attorney, I give it to you. You're not responsible, you weren't here. 67. MIAMARINA - AUTHORIZE NECESSARY REPAIRS - PURSUANT TO ALTERNATE B IN CITY MANAGER'S MEMORANDUM - AUTHORIZE NEGOTIATION WITH THE ROUSE COMPANY REGARDING SAID REPAIRS. (SEE LABEL 65.) Mr. Odio: Can we proceed then with the repairs of the marina? Mr. Cather: Proceed with the final designs so that we can finally, when we get the money, let a contract to repair this. Mrs. Kennedy: Sure, if you come back to us and tell us where you're going to get the money. Mr. Plummer: How much is final design going to cost us? Mr. Cather: It'll be about 14 percent of the million we were going to spend. Mr. Odio: $140,000. 217 July 21, 1988 Mr. Plummer: I thought this morning we were dealing on that at 5 percent. Why are we up to 14? Mr. Cather: Well, because we're including not only the original design, the inspection costs and the legal and the soil boring samples, everything involved for the complete project including the overhead which is put on all these projects by the City. In other words, our standard design is 14 percent. Mr. De Yurre: You know, if we don't have the money, where are we going to get $140,000 for that? Mr. Plummer: Yes. Mr. De Yurre: Well, it'll be coming initially out of our budget, our daily, in other words, the department will have staff available to work on it and then as is customary in our bond issue program, we design the project, when it is built, the bond fund reimburses the department for the expenses incurred in the design. Mr. Plummer: But is that all included in the 981? Mr. Cather: No, that is construction cost. Mr. Plummer: That's above and beyond. Mr. Cather: That's above and beyond, yes. Mr. Plummer: So you're talking about then roughly, $150,000 on top of that... Mr. Cather: Yes. Mr. Plummer: ... of the 981? Mr. Cather: Right. You're talking about an excess of a million dollars. Mr. Plummer: Oh, easily. Mrs. Kennedy: Sure. Mr. Plummer: Have you tried to negotiate with Rouse to see if they're willing to settle? Mr. Cather: I haven't been authorized to do so. Mayor Suarez: In connection with the consideration of whether we have a cause of action against Rouse, also check to see if they're willing to contribute something without a lawsuit, please. That satisfactory? Mr. Cather: Again the question, I beg the question, do you want us to proceed? Mayor Suarez: Oh. Do we need a motion on that? I mean we have no alternative, do we? Mr. Plummer: Well, yes, well your alternative is to close it down until such time as the suit is resolved. Mayor Suarez: Yes, that's a heck of an alternative. I'll entertain a motion on - what do you need, an approval? Resolution? Mr. Cather: Well, I would like to express your opinion as to whether or not you think we should proceed with this repairs. Mayor Suarez: Do you want an opinion or do you want a resolution? Mr. Cather: Whatever you think is appropriate. Mayor Suarez: I'll give you an opinion right now. Of course, we have to go through with this but I mean, you know, we need to... Mrs. Kennedy: Yes, we have to go through. 218 July 21, 1988 Mr. Cather: All right, I think a resolution might be appropriate. I don't know. I asked Mr. Clark. Mayor Suarez: That's why I'm asking you. Do you want a resolution? I'll entertain a motion to approve... Mrs. Kennedy: I move to go ahead and to try to negotiate with Rouse at the same time. Mr. Plummer: What was your motion, to do what? Mr. De Yurre: Is that what we're looking for? Mrs. Kennedy: To go ahead, we can't close the marina. Mayor Suarez: To do the repairs and at the same time and simultaneously to negotiate with who ever we can get money from. Mrs. Kennedy: And try to see if we can extract anything out of Rouse. Mayor Suarez: I'll second. Mr. Clark: Mr. Mayor, I think the reason this is here is because there are three alternatives in step two. If I'm not mistaken... Mr. Plummer: Yes, but they're all expensive. Mr. Clark: But I think they're... Mayor Suarez: Well, we were talking about the recommended one, I think, Bob, which is the step two. I don't know why they call it step, alternative two, all right. Mrs. Kennedy: Alternative... Mr. Clark: There are three, three alternatives in step two... Mrs. Kennedy: Alternative B. Mr. Plummer: You're talking about B. Mrs. Kennedy: B, the City's proposal. Mr. Clark: All right. Mr. Plummer: That's B as in bad. Mr. Clark: All right. Mrs. Kennedy: As in Blues Brothers. Mr. Cather: Why is it B as in bad? B, as in better. Mr. Plummer: And Blue Brothers, right. You're jealous because you're not a Blues Sister. Mayor Suarez: OK, whatever the recommended one is is the one that you're moving, right? Mrs. Kennedy: Yes, correct. Alternative B. Mayor Suarez: And I second it. Mr. Plummer: Any further discussion? Motion understood. Call the roll. 219 July 21, 1988 0 9 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-722 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO DO THE NECESSARY REPAIRS AT MIAMARINA, AS MORE FULLY OUTLINED UNDER ALTERNATE "B" IN MEMORANDUM BY CITY MANAGER TO THE HONORABLE MEMBERS OF THE COMMISSION DATED JULY 13, 1988; FURTHER DIRECTING THE MANAGER TO NEGOTIATE WITH THE ROUSE COMPANY TO HAVE THE ROUSE COMPANY PAY ITS PORTION OF SAID REPAIRS. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. 68. WAIVE CODE PROHIBITION TO ALLOW JANET REID TO PROVIDE PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE CITYWIDE INDUSTRIAL LAND USE NEEDS STUDY. Mayor Suarez: Item thirty-five, I'm sorry, are we waiving Janet Reid's - is that all we're doing or... is that all we're doing, just waiving her prohibition? Mr. Joe McManus: You're waiving the conflict of interest, potential conflict of interest so that the planning department can recommend to the City Manager a contract for under... Mayor Suarez: But we're not approving that at this point. Mr. McManus: The contract is not of concern. Mayor Suarez: OK, I'll entertain a motion on the waiver. Mrs. Kennedy: I moved. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Dawkins: Yes, under discussion. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: Nobody in this City can do this? Mr. McManus: What we are asking Mrs. Reid to do is to take a whole raft of material prepared by consultants for which the City has now terminated the contract, try and organize that material in readable and legible form so that the planning department in two months, our other planners, can pick it up and final out the report and get the study done. Mrs. Kennedy: Also, this is a two month contract only. Mr. McManus: It's a two months contract. Mrs. Kennedy: For under $4,500. 220 July 21, 1988 0 Mr. Dawkins: I'll ask the question again. Is it anybody within the City of Miami work force who can do this? Mr. McManus: Well, Mrs. Reid was formally employed in this capacity for department of development. Mr. Dawkins: And you all fired her and then - if you fired her, you must have had somebody there who could it. Mr. McManus: And we also had consultants on this industrial land use need study which we terminated the contract. Mr. Dawkins: I give up. I can't get a yes or no. I give up. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-723 A RESOLUTION WAIVING BY A 4/5THS 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 SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL PLANNING SERVICES WITH JANET REID, PRIMARILY IN CONNECTION WITH THE PREPARATION AND FINALIZATION OF CERTAIN TASKS OF THE MIAMI CITYWIDE INDUSTRIAL LAND USE NEEDS STUDY FOR A TWO MONTH PERIOD FROM AUGUST 1, 1988, THROUGH SEPTEMBER 30, 1988, FOR A TOTAL FEE OF $4,500 WITH FUNDS IN THAT AMOUNT AVAILABLE FROM THE STATE OF FLORIDA LOCAL FY-88 GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 69. PROPOSED MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989 - 2000 - AUTHORIZE TRANSMISSION (ONLY THOSE ELEMENTS OF THE PLAN REQUIRED BY LAW) TO DEPARTMENT OF COMMUNITY AFFAIRS FOR COMMENT - ESTABLISH HEARING DATE (SEE LABELS 71 AND 77). Mayor Suarez: I don't know, Sergio, that we need to take specific areas of the City unless individuals want to address those. I mean, certainly give us a brief introduction and overview and then we'll hear from objectors. I know one area that has been calling on this matter but... Mrs. Kennedy (OFF MIKE): Coral Gate. Mr. Sergio Rodriguez: It's up to you, Mr. Chairman. You have a very long agenda yet and if you want to, what we can do is give you an overview and then go directly into establishing a record of what we're doing today. 221 July 21, 1988 Mayor Suarez: Absolutely. Establish the record as quickly as possible. Mr. Rodriguez: Basically, what we're doing today is having before you a recommendation from the planning department to consider all the recommendations that we have on goals, objectives and policies for the comprehensive plan. What we're asking you today is to consider these recommendations and approve them in principle and that if you agree with our recommendations that you transmit them to the department of community affairs. This plan will be a revision to the comprehensive plan that was approved in September of 1985 and adopted in 1986. With that, Mr. Dave Whittington from the planning department will make a very short presentation. Mr. Dave Whittington: For the record, my name is Dave Whittington with the City planning department. Mayor Suarez: Are we going to need to establish credentials and all of that or not necessarily? Mr. Rodriguez: Beg your pardon? Mayor Suarez: Are we going to need to establish expert qualifications or credentials? Mr. Rodriguez: Let's say, all the staff that we have from the planning department will have a copy of their resumes on file in the planning department and with their classification. Mayor Suarez: Why don't we put those in the record then. Mr. Rodriguez: They will be added to the record. Mayor Suarez: Please, thank you. Mr. Whittington: What you have before you here is the list of the public meetings and public hearings that we've had on the comprehensive plan from the beginning of this calendar year. And, right now, we're at the end of that, we're having this meeting for the purposes of sending this plan to Tallahassee. We will then have a subsequent meeting in probably January of 189 to formally adopt the plan after all the revisions have taken place. The way that happens is we have a planning advisory board recommendation that occurred on July 6th. We now have a City Commission approval for transmittal. The planning department will not transmit the plan, the state does not want the plan until September 1st. But this is the last Commission meeting before September 1st, so we have to have that approved at this time. The state will then return the plan to the City for revisions based on their comments, based on public input and direction that we've received from now until then on November 30th. We will then make those revisions and present the Commission with the revised plan for adoption in January of '89. That revised plan then it goes again to the state and they will make a determination as to whether than plan is in compliance with their rules for comprehensive planning. Subsequent to that, if it is found to be in compliance, we then have one year to revise our zoning ordinance so that the zoning is in compliance with our new land use plan. Mayor Suarez: So, we've got at least two more public hearings before it would become final as law, if you call it that. Mr. Rodriguez: If I may also add, you might want to get from the City Attorney, I believe there is an opinion also from the City Attorney that has been distributed to you today or earlier in which it will tell you - let me let the City Attorney address this. How much you can change this plan after you transmit it to DCA. Mrs. Kennedy: We can only amend twice a year, right? Mr. Whittington: For normal amendments, you can only amend twice a year. If the project is very small or very big you can do it any time. Mrs. Kennedy: Less than three acres... Mr. Whittington: There are some tedious rules which involve DRIB, DRIs can come before you for amendment at any time. 222 July 21, 1988 0 Mayor Suarez: I still think that the easiest way to comply with all of this would have been to send them our zoning code as it existed and it's a great comprehensive plan. Mr. Rodriguez: We do have some requirements in the legislation which ask us to prepare this information that is before you today which is part of the package which is part of the growth management legislation and we have to comply with that. Mayor Suarez: All introduced into the record too, I'm sure. Mr. Whittington: Yes, what you have before you here are what is called the elements of the plan and as you see, that consists of a lot more than just the future land use element. There are a lot of policies that are prepared in that and that's in volume two of your package of volumes. It's the thinner volume relatively but it has literally hundreds of policies and goals for the City and they're set out in array of different aspects of government and providing for the City and its environment, its housing, its infrastructure and its capital improvements. One thing that we had added to this plan that's not a state requirement is a very close look at all the neighborhoods of the City. And we have, of course, started with the target areas of the City that are shown here as well as the other areas of the City that are non target areas and studied them and developed policies and goals and objectives to deal specifically with all our neighborhoods. And that is volume three of your package. Mayor Suarez: And that's beyond the requirements of the statute? Mr. Whittington: That's beyond the requirements and that was chosen as an optional element. Mr. Plummer: Why would you make anything more binding on this Commission than is necessary? Mr. Rodriguez: Well, basically, let me try to explain to you what we tried to do... Mr. Plummer (OFF MIKE): No, but... Mr. Rodriguez: The requirement of the state legislation was to go with a top down approach. Meaning they tell us what they will approve in the state land use plan. The regional planning council will take some of those goals and policies and adopt them and then keep going down until he gets to the municipality. We felt that to properly represent the City, we should have policies that would reflect the bottom up approach of the things that we believe should be represented in each one of the municipalities. And basically that's what we did. Mr. Plummer: Yes, but what I'm saying is we can establish a policy here at this Commission which we can change without going through the arduous process of the regional planning council, the state, the community affairs... Mayor Suarez: How about that? How about separating those as being the policy of this Commission but not binding and not being sent up with the comprehensive plan? Wouldn't that make some sense? Mr. Rodriguez: What you could do with this situation is that you might decide to adopt only the minimum elements of the requirements of the law and then the other items that we have included which are optional, approve them in principle. That's a choice. Mr. Plummer: Why adopt them at all? Mr. Rodriguez: You have to adopt the ones which are required by law. Mr. Plummer: Well, that I have no truck with. Mr. Rodriguez: What I'm saying, the ones which are not required by law, you might want to approve them in principle if they are to your satisfaction. 223 July 21, 1988 Mr. Plummer: No, I want to adopt them, at best, as policies of this Commission where we continue to retain control. Mr. Rodriguez: That's what I'm saying, I think. Mr. Plummer: In principle, not associated with this. Mayor Suarez: yes, that's the problem, if you associate it with this, then there could be... Mr. Plummer: ..... bound by those regulations. Mayor Suarez: There could be rulings that for modifications we have to go through the process and everything else. Mr. Rodriguez: You can make a decision then at one point, only adopting the minimal required elements of the comprehensive plan. Mr. Plummer: I noticed on one of the other ones was a historical as an option. Mr. Rodriguez: Right. Mr. Plummer: Who put that in there? Mr. Rodriguez: We put it in. Mr. Plummer: Why? Mr. Rodriguez: Because we have a responsibility as we have mentioned to you before, Mr. Commissioner, on representing all the historic properties in the City. Mr. Plummer: No, no, no. Look, look, you know my arguments, OK? Mr. Rodriguez: I did. Mr. Plummer: My arguments stand. What I'm saying is, why did you put that in this requirements, why not keep it as a local policy? Mr. Rodriguez: Well, that option can be still made by you at this point. Keep it as a local option if you want to. Mr. Plummer: Well, I'm going to speak to the overall, OK? Mr. Rodriguez: OK. Mr. Plummer: I am not going to agree to vote to put anything in this plan, that is not required, keeping the rest of it as to this Commissions purview to set policy and change policy. Now you tell me what books I throw away as it relates to what we send to the state. Mr. Rodriguez: OK. Mayor Suarez: And if that reflects the consensus of the Commission, which it may very well, also procedurally, unless they get into those plans today, the neighborhood plans, because I don't even know that we need to do that today and because of the time - how many people are here on PZ-1, by the way, would you raise your hands? Oh, my Lord. Mr. Plummer: And everyone of them want to speak for five minutes. UNIDENTIFIED SPEAKER (OFF MIKE): Three. Three minutes. Mr. Plummer: Of course, each and every one of you are in accord. You like the plan and you want it to be immediately implemented. UNIDENTIFIED SPEAKERS (OFF MIKE): No, no, no. Mr. Plummer: We were better off when she wanted to give us the Mustang. 224 July 21, 1988 Mayor Suarez: I wonder if everyone understands what has transpired, assuming that the rest of the Commissioners agree that we will only go with the minimum requirements of the state sl.:.ute, wc•-!� ti,at still affect the need - I mean, would there still be a need for all these groups to be heard today? I mean.... UNIDENTIFIED SPEAKER (OFF MIKE): Yes. UNIDENTIFIED SPEAKER (OFF MIKE): There are proposed zoning changes in the future land use. Mayor Suarez: I have no idea why there are any proposed zoning changes at all. I don't understand that. Maybe somebody can explain that to me. Mr. Rodriguez: Maybe if you let us go through the presentation, you will see that we can show you the reasons why we have proposals for increasing or decreasing the zoning... the land use in certain areas. Responding to Commissioner Plummer before he leaves, in relation to historic preservation... Mr. Plummer (OFF MIKE): Sir, Commissioner Plummer's been here since 9:00 o'clock. Where I'm going, nobody else can do for me. UNIDENTIFIED SPEAKER (OFF MIKE): Be quick about it. Mayor Suarez: Make sure the sound is piped into where ever he's going, so he can hear. Mr. Rodriguez: If we don't have an historic preservation element per se we have to have, in different parts of the elements that we have to provide, historic aspect of it that we have to represent anyhow and because of management area and so on, so there will be portions in the different parts of the elements which are required that will include historic preservation. It's just that what we tried to do was to present it into one package that will be before you at one time. What you can do today if you are so inclined as Commission in total, is only to adopt those items which are required by the comprehensive plan and not have any optional plans or elements included in your adoption. Mayor Suarez: OK, now my... Mr. Rodriguez: Excuse me, tonight again, remember what you're doing today is only transmitting to DCA, you're not making any decision. Mayor Suarez: OK, now to my other question. Why, and I assume that within the minimum requirements, that you have told us that we must pass, according to the state law, why do you have any proposed rezonings at this point? Mr. Rodriguez: We don't have before you tonight any proposed rezoning. Mayor Suarez: Why do I hear differently from the public? Mr. Rodriguez: What you have today before you are proposed changes in the comprehensive plan. The only thing that I want to make you aware is that also the legislation will require us in one year from now to follow up with a zoning that would match or will coincide with the comprehensive plan. Mayor Suarez: OK, why do we have any proposed land use changes at all at this point? Mr. Rodriguez: Because we believe it is our obligation as the planning department to try to guide the development in the next ten years to provide you with some guidance as to what we feel should be changes in the area. We believe we have about 78 proposed changes and most of the disagreement that you will find over here will be by three or four different areas in which they disagree with the changes representing a large number of people and then, in other cases, areas in which they would like to see some changes made that we haven't made. Mayor Suarez: I have no solution. Mr. Rodriguez: So if I may, what... 225 July 21, 1988 Mrs. Kennedy: Well, the intent of the Florida legislation was that the public participate to the fullest extent. Mr. Rodriguez: You're getting it here. Mrs. Kennedy: And you want to make sure... Mayor Suarez: They didn't know what it was like in Miami, they already participate to the fullest extent. Mrs. Kennedy: All right. Mr. Rodriguez: If we may, you know, we're going to try to conclude this first part of the presentation very fast so we can go directly into the specific changes and you can deal with people that are having objections. Mayor Suarez: And when you do that, go the ones that you know to be controversial, please... Mr. Rodriguez: Sure. Mayor Suarez: ... and the other ones we could just state into the record. Dave, go ahead, finish. Mr. Whittington: OK, the last thing I want to mention before we get in the land use is the importance of the capital improvement element, and the state has required that we tie all future development plans and all our goals, objectives and policies to a strict capital improvement program and we have done that. We've been fortunate in that we have a good capital improvement program in the City so it's just a matter of extending that out through the year 2000. So that's very important, we have established level of service standards that we can meet. We're in no danger of being put in a moratorium situation because we have researched what our level of service standards are and set those so that we can maintain those and will not be caught in that glitch that the state has set up. What we will do from now on is concentrate on the proposed land use plan and we have five of our neighborhood planners who deal with different neighborhoods who have worked very hard on this but will not be before you tonight. Mr. Rodriguez: That was fast. Mr. Whittington: I would also like to recognize our consultant for this, Dr. Robert Cruse, who's been very faithful and has carried this through for a year and a half and without him we wouldn't have been able to do it. We'll let Mr. McManus then go right to the heart of this and these are the changes in land use that have occurred between our old plan and our proposed new plan. The neighborhood planners have done this in order to enhance development opportunity in their areas and the citizens, though, have other positions to take on this. Mr. Plummer: What happened to the revisions of the 9500? Mr. Rodriguez: The 9500 is - we have been working on this and we have to follow, within one year, from this change of comprehensive plan with the zoning map that will correspond to that. The zoning ordinance that we're working on then is much more simplified that what we have now. We're trying to cut down the number of categories to... Mr. Plummer: I thought we were going to go back to the system we had before, which was so easy to understand. Mr. Rodriguez: For you that have been here before, we were trying to do the best possible that we can with the existing system and simplifying to the maximum and at the same time, try to relate to some of the most advanced thinking in zoning that we had that have been using here for years that you have been part of. Mayor Suarez: Don't get too advanced, get simple, remember that's the priority set by this Commission. Mr. Rodriguez: We're trying to be very simple. 226 July 21, 1988 0 0 Mayor Suarez: And I agree with him, I wasn't here as long as he was but I agree with him that those classifications used to be a lot simpler and easier to follow than the ones we've got now. I can't imagine a rr-�re complex systeM than the one we've got. I'd like to see some City that has one. Mr. Plummer (OFF MIKE): No, there isn't. Mr. Rodriguez: One year after the approval of the plan, let's say in March or February or January of 1989, we have to be back before you implementing that plan with a zoning map with the new system. Mayor Suarez: I hope you have a simpler set of classifications at that point. Mr. Rodriguez: Sure. Mayor Suarez: On 9500. Joe, go quickly through these, would you? Mr. McManus: Mr. Mayor and members of the Commission, I'm going to concentrate on those areas of proposed change where the planning department has proposed to change and which we believe to have encountered some public opposition. So I'm not going to cover all the proposed changes. First of all, in Flagami, at S.W. 8th Street and Tamiami Canal Road, the planning department had recommended a change from single family to commercial and the planning advisory board had agreed that it should be changed to office. In Coral Gate on Douglas Road between S.W. 8th Street and 21st Street, the planning department had recommended a change from single family residential to office. The planning advisory board recommended it stay single family residential. Mr. Dawkins: That's from what to what now? Mr. McManus: The planning department had recommended... Mr. Dawkins: No from what streets to what street? Mr. McManus: It's approximately from S.W. 18th to 21st Streets on Douglas Road. Mr. Dawkins: OK, thank you. Mr. Plummer: To what? Eighteen to 21? Mr. McManus: Eighteen to 21 Streets, right there in Coral Gables. Mr. Plummer: Oh, OK. Mr. Dawkins: Thank you. Mr. McManus: In the roads area at S.W. 32nd Road and S.W. 1st Avenue, the planning department had recommended a change from single family and duplex residential to medium density multi family and in another part, had recommended a change from medium density multi family to high density multi family. The planning advisory board again recommended status quo, that it remain single family duplex or medium density multi family. I might remind you on that particular recommendation of the planning advisory board that that does include the Vizcatran site in which this Commission has certain agreements and arrangements with the developers of that site. Mayor Suarez: Let me find out how many people are here on that particular item. Please raise your hand. Mr. Joe Wilkins: Excuse me. Mayor Suarez: The roads change to multi family residential. Did I state that correctly? Mr. McManus: Yes. Mr. Joe Wilkins: The way - may I ask a question? Mayor Suarez: Well, it may not be necessary. You know, I don't know that the Commission wants to make that change over there. I, for one, wouldn't so I don't... 227 July 21, 1988 Mr. McManus: The next area, Mr. Mayor, members of the Commission, you will recall that item 154 from last week's agenda had to do wi:i, the proposal to send out an RFP on the municipal justice building instructing the planning department on the land use designation and the zoning. The proposal the planning department had before you was to designate land use as office and to follow that up with a rezoning to office/institutional. There was questions from the Commission based on concern by the Spring Gardens Association whether that, in fact, should be designated as general commercial on the land use and zoned to an equivalent CR-2. The lady who is here from Spring Gardens and left about 20 minutes ago, she had been waiting patiently for five hours. I assured her that I would relay her concern to the Commission that Spring Gardens continues to hope that you will consider a designation of general commercial in a subsequent rezoning to CR-2. Mr. Plummer: What did the planning advisory board do on that item? Mr. McManus: The planning advisory board had recommended with the Spring Garden group. Proceeding on, there have been meetings with the Park/West Civic Association in which the Park/West Civic Association does not agree with the planning department designation of a portion of Southeast Overtown Park/West as high density multi family residential, still allowing commercial and office in it. I'm sure you'll hear from them that they would prefer... Mayor Suarez: Why do they object if it still allows it? I don't know - why are you designated high... Mr. McManus: Because the underlying zoning today is CG, that is very general commercial. They would prefer to have a general commercial land use designation and... Mr. Plummer: Does that allow housing? Mayor Suarez: What's wrong with leaving it the way it is? I mean, if you're trying to foster development in an area like that and you're not really too sure what's going to happen, why not just leave it the way it is? (Applause) Mr. McManus: We were trying to follow - the Commission knows, you have approved a redevelopment plan for Southeast Overtown Park/West. You have approved a land use plan for Southeast Overtown Park/West development of regional impact development order and a tax increment financing district has been based on all that planning. In the planning department's view, we are trying to be faithful to the previous planning in the area. Mayor Suarez: The tax increment district has not produced yet one iota of development. We hope that it will and certainly have obtained a heck of a lot of federal funds to try to get something built there, but so far, it hasn't really happened yet. So, anyhow, go ahead, Joe. Mr. McManus: You have received letters from property owners at N.W. 7th Street and 57th Avenue objecting to the change of land use designation from liberal commercial to general commercial. Mayor Suarez: We have a category called liberal commercial? Mr. Rodriguez: In the new plan that we have, we have reduced the number of categories that we had before, there were several of them, many of them, to the minimum number of categories. Mayor Suarez: Oh, these are comprehensive plan categories. These are not zoning categories. Mr. Rodriguez: Comprehensive plan categories. Mayor Suarez: Aha, OK, this is new terminology. As if life wasn't complicated enough. Mr. McManus: You've also received a letter from a project proposed south of S.W. 8th Street between approximately 28th Avenue and 32nd Avenue in which they propose a change from residential to commercial which goes beyond the 228 July 21, 1988 ia planning department's change in that particular area. Now, going beyond that, Mr. Mayor and Commission, members of the Commission, you undoubtedly will hear tonight of other people who want changes, but I would like to point out to you that they are not arguing so much as with the planning department proposed changes as they are looking ahead for the next six months trying to look ahead to a zoning change and want the accompanying land use change to be accomplished now or just... Mayor Suarez: I would be disposed if we could properly do that procedurally and if it's legal not to get involved in any those. Only to hear from those that are going to object to proposed changes as reflected in this plan. Can we legally do that? Can we restrain discussion to that? Joe Maxwell, Esq.: Yes, sir, the only thing to keep in mind if you decide at a later date that you do want to incorporate those changes into the comp plan, you could... Mayor Suarez: Oh, yes, we can - in fact, we can take them as individual petitions in subsequent hearings. Mr. Maxwell: That's correct. Mr. Plummer: Well, but I think your problem there is, once this is adopted - excuse me - once this is adopted, you can only make those changes twice a year. Mr. Rodriguez: Remember, when I remind you at the beginning... Mayor Suarez: No, but that'll take a process that'll take how long? Mr. Plummer: Forever. Mr. Rodriguez: You will not adopt this until a first reading in December of this year and second reading in January. Mayor Suarez: We have six months. Mr. Rodriguez: What you are doing at this point is just transmitting the planning department recommendation. Mayor Suarez: And by the way, I can't imagine at this point, for myself, I can't imagine voting with any of the changes that are opposed by the neighbors. I mean, I don't see why we would... (Applause) Mr. Maxwell: Mr. Mayor. Mr. Mayor. Mayor Suarez: Yes, Joel, what... Mr. Maxwell: Just to clear up a statement that was made... Mayor Suarez: I can't say that? Mr. Maxwell: You will not be restricted to just two amendments per year. Under the statute there's a section that deals with small scale amendments so you can make additional amendments. Mayor Suarez: OK, right. Some of these are small scale, in fact, that people are requesting that we already have notice of? Mr. Maxwell: If you're dealing with less than 2 or 3 acres. Mr. Plummer: What is the definition of a small scale? Mr. McManus: Less than 3 acres. Mrs. Kennedy (OFF MIKE): Less than 3 acres. Mr. Plummer: Anything less than 3 acres? Mrs. Kennedy: For a total of thirty... 229 July 21, 1988 0 Mr. McManus: Less than 3 acres, cumulative no more than 30 acres per year. Mrs. Kennedy: For a total of 30 acres a year. Mayor Suarez: See, that's the thing, the whole statute was drafted for other cities, not Miami. Can you imagine, less than 3 acres in the City of Miami, that's a lot of land. OK, is that it? Mr. McManus: Yes, sir. Mayor Suarez: As to those changes, would we be able to hear from the objectors, and briefly, because if the Commission is disposed as I am not to change anything that people in the neighborhood's in question or property owners object to and if there's not two sides to every argument, then we can take votes quite quickly to maintain what's there. Mr. Rodriguez: Mr. Mayor, let me also include just for the record, a letter that was received this afternoon from Mr. Corner addressed to each one of you in relation to two areas and I would like to introduce that into the record, Joe. Mayor Suarez: OK, Mr. Cromer's letter into the record. Why don't we start with - oh, any of the groups. Go ahead, Counselor. Al Cardenas, Esq.: OK, well I'd like to defer to Mr. Ruwich from our group who will make the introductions. Mayor Suarez: Mr. Ruwich. Mr. Lee Ruwich: My name's Lee Ruwich. I'm president of the Park West Civic Association, a group from the Park West area composed of approximately 60 businesses and establishments in that area, and many of them are here tonight. About 12 years ago, I bought some commercial property at 100 N.E. 7th Street where the Miami Review building is presently housed. Mayor Suarez: I thought you were a publisher too in addition to leading the association. Mr. Ruwich: It's now proposed that that be zoned primarily residential and I think that's a lack of faith on the part of the City fathers to allow me... Mayor Suarez: And mothers. Mrs. Kennedy: Ah, ah. Ah, ah. Mr. Ruwich: ... and mothers, to purchase that property for commercial use at that time and now attempt to change it. However, we have here tonight a couple of other people I'd like to have speak to you briefly and then Al Cardenas, our attorney, will talk to you about some of the details. Can I call on Tony Alonzo who's another property owner in this area. Mayor Suarez: Well, is there anyone that's here to argue the opposite side of this and is there anyone on this Commission that wants to hear all this argument? I'm disposed to go ahead and entertain a motion to maintain the existing zoning. Mr. Plummer: So move. Mr. Dawkins: Second. Second. (Applause) Mayor Suarez: Just on that on the Southeast Overtown Park/West area. That's what I figured. Mr. Plummer: You're still trying to give that Mustang away. Mayor Suarez: Moved and seconded. Al, are you going to object to that? Mr. Cardenas: No, Mayor, I just want to make sure, hopefully, that what you mean by retaining the status quo is that the land use designation as is 230 July 21, 1988 presently being proposed in the categories enumerated by the planning department be considered commercial -general which is the equivalent to what most of the current zoning in that area is. Mayor Suarez: And in our color code is red or something, I believe? Mr. Cardenas: It is red, yes, sir. So for the... Mr. Plummer: Well, the status quo, Al, is... Mayor Suarez: See, the classification is now totally lost meaning... Mr. Dawkins: Status quo is status quo, status quo is what it is today. Mr. Plummer: The status quo is what it is today, it will be tomorrow. Mr. Cardenas: Yes, and... Mayor Suarez: Right, OK, I'll entertain a motion on that. Mr. Plummer: I've already moved it. Mr. Dawkins: We'd already moved it. Mayor Suarez: Seconded. Call the roll. Mr. Dawkins (OFF MIKE): I seconded it. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-724 A MOTION TO MAINTAIN THE EXISTING ZONING IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, N.W. 1 AVENUE (EXCEPT THE MIAMI ARENA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVENUE. (NOTE: The content and essence of this motion together with motions 725, 726, 727, 728, 729, 732, 733, 734, 735, 741 were embodied in Resolution 88- 736.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Go away. Mr. Rodriguez: Mr. Mayor. Mayor Suarez: Yes. Mr. Rodriguez: For the record to be clarified, do you identify the whole area which is covered by this? Mayor Suarez: Yes, please, for the record, would you identify that area. Who will do it now? Al, do you want to try to identify the area. I guess it should be... Mr. Cardenas: Yes, Mr. Mayor, for the record, if I may, it's the area which is bounded on the north by N.E. llth Street, on the west by FEC tracks, 231 July 21, 1988 ! 0 Metrorail and N.W. 1st Avenue. On the south by FEC tracks located approximately half distance between N.E. 7th and 6th Streets and on the east, there's also a group here represented by attorney Robert Kaplan who wish the red boundary to apply to Biscayne Boulevard as well. I'm taking the liberty for the sake of time, Mr. Kaplan, to suggest that as a boundary which is pretty much of a... Mr. Plummer: What is it today? Mr. Cardenas: Well, today, it is all CR-1 or CR-2, Commissioner. Mr. Plummer: It would remain that. Mr. Dawkins: That's the status quo. Mr. Cardenas: And I just wanted to clarify that the designation which we consider equivalent to today's zoning is the one earmarked in red and indicated as commercial -general. I think that will properly clarify the record. Mr. Plummer: Whatever it is today, it will be tomorrow. Mr. Dawkins: ... be tomorrow. Mr. Rodriguez: Remember, that you're only dealing with zoning and you're discussing at this point zoning, Mr. Cardenas. Mr. Cardenas: I am suggesting that the land use designation of commercial - general which is designated in the red color in the proposed land use plan to be submitted to the department of community affairs be the color designated for the area bounded by the streets and locations which I had previously enumerated. Mr. Dawkins: If that's what it is now... Mayor Suarez: Well, that's what I was going to say now, since we're going to color coding as a way of communicating here, what color would it get if it maintained exactly the same classification that it now has. The area that you just described reaching Biscayne Boulevard. Mr. Rodriguez: The present classification that shows in the master plan is a special public interest color which is light green. So that's what I'm trying to make sure that you clarify that for the record. Mayor Suarez: Right. Mr. Maxwell: Mr. Mayor, Mr. Mayor... Mr. Cardenas: The red designation is commercial. It's designated by your office residential and commercial, that's the land use designation. It's not the zoning designation but it is the land use designation that is necessary in order to incorporate the zoning categories which are presently for which these properties are currently zoned. Mayor Suarez: But he's telling me that it would otherwise get a green - why, Joel? Mr. Maxwell: What I would suggest is that the record be very clear as the intention of this Commission that the status quo be maintained. Mayor Suarez: That's why I'm trying to get at and Commissioner Dawkins is pointing out that that's what we want to do, is preserve the status quo, I just want to make sure the color reflects that. Mr. Rodriguez: To clarify better then, the status quo as to zoning and how that will be reflected in comprehensive plan colors... Mayor Suarez: Yes, exactly. Mr. Rodriguez: ... because the status quo of the comprehensive plan is not what they are asking. It's beyond what they're asking. 232 July 21, 1988 Mayor Suarez: Tell me what it would be then. Mr. Cardenas: Very simple, may I repeat, may I make this suggestion? Mr. Dawkins: Al, Al, Al... Mr. Cardenas: Yes, sir. Mr. Dawkins: Whatever it is today, it will be tomorrow. Now, if that's yellow, it will be yellow. If it's red, it will be red. If it's green, it will be green. Mr. Plummer: My brother, there's two parts. What you're speaking to presently is the zoning, it does not reflect the comprehensive plan is not being addressed here. Now is that going to remain status, is that being changed and I think that's what we need to know. What is the second part? Mr. Cardenas: May I put it as easy as I possibly can. I have brought exhibit A which is the proposed - no, this is B - exhibit A presented by the Park West Civic Association as sets forth the boundaries which I had read into the record and these are the proposed land use boundaries. They are bounded by the brown lined color which is the designation of high density multi family exclusively. These are the areas that are bounded on the north by N.E. llth Street, on the west by N.W. 1st Avenue then cutting into North Miami Avenue around the Miami Arena all the way south to the FEC rail line which is located approximately a half distance between N.E. 7th Street and N.E. 6th Street. This area, which is extending then all the way to the east to Biscayne Boulevard.... Mr. Plummer: No, no, no, no, no... Mr. Cardenas: OK. This area which is currently... Mr. Plummer: No, no. Mr. Cardenas: OK. This area which is... Mr. Plummer: N.E. 2nd Avenue. Mr. Cardenas: Excuse me, this area which is bounded in brown which extends to the east to N.E. 2nd Avenue... Mr. Plummer: Uh huh. Mr. Cardenas: ... we suggest that as it's shown on Exhibit A be modified by the planning department under your instructions so that its land use designation will be such as is indicated in exhibit B and you will notice the red boundary marks appearing accordingly. The reason why the red boundary marks on exhibit B make the area look larger than it did in exhibit A is because the planning department has already recommended these areas which are to the north and south respectively of the property which I had just defined as read so that... Mr. Plummer: That's not status quo. Mr. Cardenas: Excuse me? Mr. Plummer: That's not status quo. You're asking now for the north of llth Street and the south of 6th Street. Mr. Cardenas: I'm asking for the property which is located - this is what the planning department's recommending. What you do with the property north of N.E. llth Street is not why I'm here. I am here relative to the Park West Civic Association - represent of Park West Civic Association comprised of individuals who are interested in the property, which in the boundary lines just defined in exhibit A. The north boundary line which is marked in the brown category, the high density multi family. Mayor Suarez: What you're saying, Al, if I may try to cut through this is that if we maintain the status quo in that area that you're now outlining, plus maintain the recommendation of our departments for the rest of that area, we get the area that you have in exhibit B. 233 July 21, 1988 0 Mr. Cardenas: That's correct. Mayor Suarez: So, there's no problem there. Mrs. Kennedy (OFF MIKE): Mr. Mayor, I am... Mr. Dawkins: Mr. Schwartz... Mrs. Kennedy: I'm here with planning department and they say that this is not their recommendation. Mr. Dawkins: Mr. Schwartz, what do you have to say? Mr. Matthew Schwartz: In the existing comprehensive plan that was adopted in '76, this area was designated as special use, was a category that was not shown in the new comprehensive plan. The idea, in that time, I believe, was to show flexibility and the intent was for mixed use development. I think what is being proposed now by the Park West Association is somewhat contrary to what the intent of the City Commission over the last ten years has been. The idea of this area is for mixed use development, both residential and commercial. The land use categories possibly that we have now are too restrictive or the definitions maybe need to be somewhat modified. The intent of this is for mixed use development and I believe that the changing this all to red more or less puts things that's saying that this is a commercial district with, sort of residential as a secondary use. I believe the intent is that to foster the development of residential but no way to limit commercial development here. We had a proposed zoning ordinance about three years ago that was defeated. It possibly showed commercial densities too low for property owners but it allowed for commercial development at its existing level; possibly due to the fact that this area is sort of an unproven market and it is an area of transition that as designation as special use that we previously had may be beneficial. If that meets the criteria of the state which is the existing land use category for this area due to the fact that it is a redevelopment area. Mr. Dawkins: Mr. Rodriguez, do you concur with what Matthew Schwartz just said? Mr. Rodriguez: I'm sorry, you got me out of Mr. Plummer (OFF MIKE): Why are we having so much problem with the status quo? Mr. Dawkins (OFF MIKE): I don't know, I don't know. Mr. Rodriguez: What we're saying, we believe that the way we have presented it in which it allows commercial and residential - high density residential - with a possibility of having offices and commercial, will allow mixed uses so we believe that what we have in the ordinance will give you that flexibility they want to have. Mr. Dawkins: What is the status quo? Mr. Rodriguez: The status quo? There are two status quo. One in the zoning and one in the comprehensive plan. Mr. Cardenas: Let me put... Mr. Rodriguez: They are addressing the status quo as to the zoning that they have now. OK, which is different to the status quo of the comprehensive plan as it is shown on the plan that we have. What you're addressing here today is not a zoning change, even when they are addressing it in terms of zoning terms and matters, you know. Today, what we're dealing is specifically with what the comprehensive plan should be in the future so that it will guide the type of development that which you have. In our opinion, the comprehensive plan, as presented by the staff, will allow them to have mixed use development. Mr. Dawkins: OK, now the comprehensive plan, as developed by you, has to go to the department of commerce. Mr. Rodriguez: The DCA, community affairs. 234 July 21, 1988 0 J Mr. Dawkins: DCA, all right, community affairs and if they make changes, you bring it back and then we go about through what he's talking about zoning, is that correct? Mr. Rodriguez: They will make comments to you and they will receive comments from different agencies and then in December, you're correct as to what you're saying, in December and in January, in the first and second readings, is when you'll be making your final changes on this. In the meantime, you're not making any changes. Mr. Dawkins (OFF MIKE): OK, thank you. Mayor Suarez: OK, now, Sergio, it is the consensus, the clear consensus of this Commission, to preserve the status quo in the comprehensive plan classifications. I suppose it would be different if we had a group that - well, we just can't get into that today. As to the area you had described, Al, the problem is you went beyond the existing boundaries for preserving status quo and tried to include two other areas. We're not interested in doing that right now. Mr. Cardenas: No, no, no, no... Mayor Suarez: Those two areas - wait a minute - those two areas, I don't know how to classify them yet but I'm going to try to get staff to give us an opinion on that and see if we can follow their opinion. I understand that the classifications are in the same in the terms of zoning and comprehensive plan so it's a little difficult. But I think we've agreed for the district that you show here as high density multi family that we wanted to preserve the status quo and that, we understood, to mean that it would be marked red and that is called... Mr. Rodriguez: It would be general commercial. Mayor Suarez: General commercial. I don't see any reason why we shouldn't keep that area general commercial, that particular area. That doesn't mean, and I don't know that there's anyone in this Commission that has any problems with that. Then we discuss the two other areas... Mr. Cardenas: That's fine. Mayor Suarez: ... but we better describe that, you know, correctly with the boundaries that I see shown on here because we're trying to preserve status quo... Mr. Cardenas: Right. Mayor Suarez: ... and in our modest ability to understand all of this, it's not going to be that easy. Mr. Cardenas: Right. Mr. Plummer: Well let me ask this. Is there a potential flexibility in reverse, leaving it general commercial with the flexibility of building residential if desired? Mayor Suarez: Sure. Mr. Cardenas: Yes. UNIDENTIFIED SPEAKER: Make an amendment... Mr. Cardenas: Yes, of course. Mr. Plummer: That seems like the... Mr. Rodriguez: You have that flexibility except that the zoning map that will follow in one year from whenever you approve it, should reflect the commercial classification that you give them. Meaning you have to give them a commercial zoning classification. Mr. Cardenas: No, you... 235 July 21, 1988 Mr. Plummer: But is there not a classification in which we can leave it general comrr.:rcia: ana L:ili allow for housing? Mr. Cardenas: Yes. Mr. Rodriguez: You could, definitely. Mr. Plummer: Well, it seem like to me that's the answer, that's the total flexibility. Mr. Cardenas: Yes. Mayor Suarez: As to that area... Mrs. Kennedy (OFF MIKE): As to this, only. Mr. Rodriguez: That's more flexible, yes. Mr. Plummer: As it relates to this area so designated... Mr. Cardenas: That's correct. Mr. Plummer: ... on the original, not the Al Cardenas expansion. Mayor Suarez: Right. Mr. Cardenas: That's correct. The, let me if I can, briefly... Mayor Suarez: Well, if that reflects Commission consensus as to that area, I'd like to entertain a vote on that so we can get moving on this otherwise we're never going to finish. Mr. Plummer: Well, what would the classification be? Mr. Dawkins (OFF MIKE): Red. Mr. Cardenas: Red, Commissioner. Mr. Rodriguez: It will be general commercial. UNIDENTIFIED SPEAKER (OFF MIKE): Financial commercial. Mr. Plummer: General commercial would allow flexibility to have housing. Mr. Rodriguez: Will allow housing. Mr. Cardenas: Red is... Mr. Plummer: I'll so move that. Mr. Rodriguez: For what areas specifically? Mr. Plummer: As designated by - north by llth Street, east by 2nd Avenue, south by the railroad tracks on 6th Street... UNIDENTIFIED SPEAKER: Excuse me, Mr. Plummer, east by Biscayne Boulevard. Mr. Plummer: No, sir. Mayor Suarez: No, we have to talk about that additional area over there and see what that is. Mr. Plummer: No, no, that's not the same. And west by 1st Avenue or excluding the... Mayor Suarez: Well, 1st Avenue excluding the Miami Arena. Mr. Plummer: Excluding, of course, the Miami Arena. Mayor Suarez: That's in the form of a motion. Right? 236 July 21, 1988 Mrs. Kennedy (OFF MIKE): Second. Mr. Plummer: Yes. Mayor Suarez: Second. Any discussion on that? Call the roll. Mr. Plummer: You know, I've never stood here and I've sat here and looked at all these potential millionaires. Mr. Rodriguez: Mr. Mayor... Mr. Plummer: Except Al Cardenas, who's been one for years. Mr. Rodriguez: Mr. Mayor... Mayor Suarez: Yes. Mr. Rodriguez: I think that you should hear from the staff from Southeast Overtown Park/West because I think that what you're doing creates some inconsistencies with action that you had taken before. Specifically with the DRI, the redevelopment plan and the tax increment financing district and your plan for residential. Mr. Plummer: I told you so. Mr. Rodriguez: You tell them, I mean, what... Mr. Plummer: Remember. Go ahead. Mr. Schwartz: One thing I want to point out is that the area you're showing on the change, this includes some of the property that is already owned by the City and is being redeveloped for high density residential so that should definite... Mr. Plummer: It doesn't preclude that. Mr. Cardenas: It doesn't preclude it. It doesn't preclude it. Mr. Plummer: You can still do it. All we're doing is building in more flexibility. Am I right, Sergio? Mr. Cardenas: That's right. (Applause) Mayor Suarez: Please. Mr. Rodriguez: From the land use point of view, it will allow you to zone it eventually into that category. My concern is because of the DRI that you prepare - that you accept that prepare for the Southeast Overtown Park/West by this staff supporting the redevelopment plan they prepared before, there may be some inconsistencies in what you are doing. Mayor Suarez: Well, it's inconsistent or it's a further restriction that they have to go around if they want to do something different. Mr. Cardenas: That's correct. Mr. Plummer (OFF MIKE): No, it's more liberal. Mayor Suarez: And if they don't fit within the credits. I mean that's still valid. Mr. Cardenas: That's correct. Mayor Suarez: So you have to try to read both as the legal principle says, somehow one in consonance with the other. Mr. Cardenas: That's correct. Mr. Rodriguez: You're getting into a legal arena in which I really don't feel comfortable with. 237 July 21, 1988 Mr. Plummer: How often are we allowed to change this comprehensive plan? No, I mean, as a total review. Mr. Rodriguez: Total review? Mr. Plummer: Yes. Mr. Rodriguez: You can do it every five years. Mr. Plummer: I just don't foresee that much development that quick. I'd like to believe it but I... Mr. Cardenas: Let me, if I can, add the following. You've got their very own DRI, their very own Southeast Park West Overtown master plan proposal. Both of whom are totally compatible with everything that my clients stand for including... Mr. Plummer: No, no. Mr. Cardenas: Let me finish if I can. Both of which are compatible for what my clients stand for insofar as the land use designation of office, residential and commercial with the red color designation is concerned. Let me, if I can, add the whys and wherefores of it. On 9th Street you have running from west on the Metrorail all the way east to Biscayne Boulevard, a proposed shopping mall, a commercial use, total square footage of which is substantial. That designation was accepted by the - recommended by the planning department and accepted by the City Commission as an integral part of its Southeast Park West Overtown project proposal. As part of that, in phase I of that proposal, you also raised a possibility and recommended the possibility that there still may be an exhibition center in that location adjacent to the arena. That's an additional 290,000 square feet way above and beyond what the DRI currently contemplates. But, part of the downtown - part of the Southeast Park West Overtown master plan. Everything that we have recommended here is compatible with a commitment for residences that is set forth by all the actions you've previously taken. Mr. Plummer: That's not true. Mayor Suarez: And let me add that Southeast Overtown Park/West, as a plan, is something that we desire, expect, hope for, plan, but not a requirement. Mr. Cardenas: That's correct. Mayor Suarez: You know, that just doesn't make any sense to impose a requirement in an area what you're trying to develop. Mr. Cardenas: This is the closest... Mr. Plummer: Well, if Sergio is not going to answer, then I've got to put on the record, you know, it is not compatible with the DRI and... Mayor Suarez: OK, now, let's do that, let's do that part. Mr. Cardenas: Right, OK. Mayor Suarez: OK, we've dealt with Southeast Overtown Park/West, now how about in relation to the DRI, where is our attorney, Joel. The compatibility with the DRI is of concern to us, among other things, as the planning director brought it out and he then proceeded to say that he's not an attorney, so, of course, he can't solve that. Now, you're an attorney now, is there an incompatibility there or is that just a further restriction on what can be built and, of course, there's ways to deal with that. Mr. Maxwell: Under the downtown DRI, you have... Mr. Plummer: No, no Park/West. Mr. Rodriguez: This is not downtown area. Mayor Suarez: Overtown Park West DR... 238 July 21, 1988 0 0 Mr. Maxwell: Overtown Park, they're basically the same. Mayor Suarez: Yes. Mr. Maxwell: But on the Overtown Park/West you have... Mayor Suarez: Same concept. Mr. Maxwell: ... DRI, you have categories of development, square footage of development allowed. Mr. Plummer: Exactly. Mr. Maxwell: What will happen here is that you're going to reach the cap for development much sooner than you anticipated. Secondly, earlier today... Mayor Suarez: Maybe, maybe nothing will happen. Mr. Cardenas: Maybe. Mayor Suarez: I don't know that it will happen so there's no incompatibility built in is what you're saying. Mr. Cardenas: Correct. Mr. Maxwell: Also, there's one other thing that needs to be considered. It's more policy thing than a legal question, but just to make you aware of it, earlier today you passed a supplemental fee ordinance for the Southeast Overtown. It has provisions in it that provide that the City will make payments for certain fees that would ordinarily be paid by the developer. It's quite possible... Mayor Suarez: The City will make payments to whom? Mr. Maxwell: ... the City would pay the fee instead of the developer. Mr. Plummer: For the structures. Mr. Cardenas: That is not before us today, if I can... Mr. Plummer: Well, but... Mr. Cardenas: ... if I can. There are three things that are not before us that are your areas of concern, Commissioner Plummer. We're not here to designate density, that's going to be done at a later hearing on another date and time. Mr. Plummer: We've already designated that in the DRI. That's the area that's not compatible. Mr. Cardenas: But here's my point, there is nothing legally incompatible with the land use designation which you would adopt today that we're recommending that you had introduced a motion for and the restrictions imposed by the DRI. Those are developmental restrictions which are eventually going to be based on zoning, which are eventually going to be based your intensity sectors and the refined process that you will develop eventually to be in keeping with the land use plan that you're now proposing for the whole City of Miami. Mayor Suarez: We will not develop it, we have developed, it's already... Mr. Cardenas: Right, there is nothing incompatible, legally, with the DRI... Mayor Suarez: OK, that's what the question that was asked of - wait, wait, Al - that was the question that was asked of the City Attorney, he answered it and you basically agree with him. Mr. Cardenas: Yes. Mr. Plummer: Well, but aren't we going to have to revise the impact fees tremendously? Mr. Cardenas (OFF MIKE): No. 239 July 21, 1988 Mayor Suarez: OK, what about the fees now? Mr. Plummer: That's got to be, the City's not going to pay for the developers to make money. Mayor Suarez: What about this developmental fee - supplemental developmental fee that you were talking about? Mr. Rodriguez: I would like Matt to respond to that because that's the fee prepared by them but if I might give you, maybe a possible option out of all of this - three possible options. Do you want to hear me? Mayor Suarez: Yes. Mr. Rodriguez: OK. You have the option of sending this to DCA, transmitting it as we are presenting it today and you have the opportunity between now and December to change it. After we have... Mayor Suarez: Well, but we want to do exactly that except that we don't want to change - at least I haven't heard anybody on the Commission say that we want to change any existing land use, that's all. Mr. Cardenas: That's right. Mr. Rodriguez: The only reason what I'm... Mayor Suarez: You gave us a presentation on the proposed changes that were controversial, we would like to tell you, in every case, that we don't want the change - make any of the proposed changes if they're controversial, we'd rather send the thing, with the status quo to DCA and later we'll deal with the proposed changes and you're not giving us the tools to do that. Mr. Rodriguez: But you are changing what you have today on the plan, that's what I'm trying to make you aware and I'm trying to give you the possible options - another option that you may have today is extend the area of the SPI district as it is shown on the map presently in the comprehensive plan, extend the same boundary line for the SPI district and then transmit that to DCA in such a way that it will give you the leeway in December to do something else. Mayor Suarez: You didn't listen to me, before when I told you that the logical thing would have been to send the zoning code and the zoning classifications as our comprehensive master plan and you didn't want to do it that way. I don't know why. Mr. Rodriguez: But, sir, that's not possible. That would not comply with the requirements of the law. It will be the easiest way but it would not be complying with the law. Mayor Suarez: Yes. Mr. Cardenas: Commissioner Plummer, to match apples with apples and get away from all the other specifics which, in my opinion, are for another day and another time, the land use designation that we recommended to you that for this particular parcel of property is no more intensive and no more diversified in its usage than the land use designation that was contemplated for this area and is currently in effect. Mr. Plummer: I'm not speaking to the land use, Al. I'm speaking to the categories that were established when we accepted the DRI. How many square feet, for example, of commercial can we have in the DRI? Mr. Rodriguez: Matt will answer that. Mr. Schwartz: It's the year 2005, it's one million square feet of office space. Mr. Plummer: That could be... Mr. Schwartz: Phase I is only 168,000 square feet. 240 July 21, 1988 0 0 Mr. Plummer: 168,000, I don't think there's a building going to be built in that area that will not be 168,000 square feet. Mayor Suarez: You can't tell, you can't tell... Mr. Plummer: Well, the one building. Mayor Suarez: ... that's a whole different concept. It's a cumulative concept because each... Mr. Plummer: Mr. Mayor - Mr. Mayor, the caution that I raised before and I'm going to raise again, that when you go beyond that limit, this City is going to be subject to picking up the cost factor of infrastructure. Mayor Suarez: No, the City cannot approve it unless they have shown how it's going to be paid for. It cannot approve it. Mr. Plummer: Mr. Mayor, we are talking about - let me see your map, Al. Either one. Mayor Suarez: At that point, we have to either change or disapprove it. We can't approve it if it exceeds those... Mr. Plummer: The point that I am trying to make to you, sir, at this particular time we are talking about 1, 2, 3, 4, 5, 6 - one, two three - we are talking about 18 square blocks of which, under the DRI, that we accepted - you can only build until 1995 a hundred and sixty-eight thousand square feet - one building, one building is going to be that. Mayor Suarez: Why are you shaking your head, Matthew, once again on the DRI? Mr. Schwartz: No, I'm sorry - no, Commissioner Plummer, you said until, that's for increment one. We can go into increment two once we reached it. We, as far as the impacts for Phase I of Overtown Park/West, they were very minimal by south Florida regional planning because the numbers were low. We would be then probably be placed with additional transportation impacts that's the major factor. Mr. Plummer: That - you see... Mr. Schwartz: As we move further on. Mr. Plummer: And let me tell you something else. The thing that scared me from day one and I brought to this Commission's attention, everything in this DRI is predicated on "in operation by 1991 or 1992, the extension of the Peoplemover". Mr. Cardenas: That's right. Mr. Plummer: OK? Now, if that's not in place then your whole DRI is going to go up in smoke. Mr. Cardenas: That's right. Mr. Plummer: And the City's going to be responsible for these infrastructure fees. As I brought to the Commission's... Mayor Suarez: No, no, no, no, the developers are always going to be responsible. We just don't let them develop but we've already passed this, we've had this discussion. What you're asking is the incompatibility... Mr. Plummer: Yes, but you can't stop them from developing leaving this as it is. Mr. Cardenas: Yes, yes, you can. Mayor Suarez: I know, but you're asking about the incompatibility of the DRI with the land use plan and what... Mr. Plummer: Exactly. Mr. Cardenas: Commissioner, there... 241 July 21, 1988 Mayor Suarez: Right and the answer is yes, cumulatively, if they build all these things that they're standing in line to try to be allowed to build, we may, of course, exceed the DRI criteria and then we have to go to the second increment, we have to go through all of that. Mr. Plummer: If everyone of these owners today... Mayor Suarez: If, in fact... Mr. Plummer: ... came in and built what was allowable under the commercial, OK? They can do that today. You're looking at... Mayor Suarez: No, they cannot do that today because we have passed the DRI and it limits it and they have to show that the additional impact will be paid for, otherwise they can't build. Mr. Cardenas: That's correct. And, in addition to that, if I can, Commissioner Plummer, this land use situation that you're dealing with the department of community affairs... Mr. Plummer (OFF MIKE): We're going to get stuck bad. Mr. Cardenas: ... gives you some added protection. That added protection is called levels of service. It includes transportation. That means that no longer in the State of Florida will a developer be able to build unless you, internally and administratively, ascertain and determine that that particular developer for that particular zoning request can meet the levels of service that are called for in your particular situation. Mayor Suarez: That's exactly what the DRI process is. Mr. Cardenas: So you've got DRI limitations, you've got levels of services imposed by a growth management bill and all we're here today is to tell you that as far as the land use designation which is a global picture not the specifics, leave us the flexibility to work with you in the future years ahead. That's basically what... Mayor Suarez: OK, we're trying to preserve the status quo today to the extent possible and as far as I'm concerned, we have... Mr. Plummer: That's the motion on the floor. Mayor Suarez: That's the motion on the floor as to that particular area. Then we're going to have to get into the other one adjoining it in a second. Unless anyone else on the Commission has any discussion on that, let's call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-725 A MOTION DESIGNATING THE AREAS BOUNDED BY N.E. 11TH STREET AND N.W. 1ST AVENUE (EXCEPT THE MIAMI ARENA), AND THE F.E.C. RIGHT-OF-WAY, AS GENERAL COMMERCIAL IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. (NOTE: The content and essence of this motion together with Motions 724, 726, 727, 728, 729, 732, 733, 734, 735, 741 were embodied in Resolution 88- 736. ) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: 242 July 21, 1988 Ll C7 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, how about those areas right next to it? What would it make sense to categorize those to keep the existing land use under the - to keep the existing zoning rather. Mr. Rodriguez: I will say probably the best way to handle it would be... Mayor Suarez: You said green before, I think. Mr. Rodriguez: The existing zoning will be probably general commercial. Mr. Robert Kaplan: CBD-1. Mayor Suarez: Which is red. Mr. Plummer (OFF MIKE): The same what exists the rest? Mr. Kaplan (OFF MIKE): Same thing. Mr. Rodriguez: That's probably the closest that you have. You are dealing with a different animal from what we had before. That's what I have in... a hard time answering it. Mayor Suarez: Yes. UNIDENTIFIED SPEAKER: For the record... Mayor Suarez: Well, staff is saying that if we want to preserve the status quo and the Commission is saying we want to preserve the status quo, that we should classify it general commercial. You have no problem with that, do you? Mr. Maxwell: Mr. Mayor. Robert Kaplan, Esq.: Well, we think that the status quo would be - for the record, my name is Robert Kaplan, I'm an attorney with the law firm of Steel, Hector & Davis with offices at 4000 S.E. Financial Center. I'm here on behalf of the InnerKap-Suchman joint venture whose principals are David Weaver and Cliff and Larry Suchman. Mr. Plummer: Are you a registered lobbyist? Mr. Kaplan: I am a registered lobbyist, sir. I've been a registered lobbyist for three years. Mr. Plummer: With the City of Miami? Mr. Kaplan: I've been a registered lobbyist with the City of Miami for about a year and a half. Mr. Plummer: I was wondering three years, we've only had it in effect a year. Mr. Kaplan: Yes. Mayor Suarez: Either that or you beat us to the punch on the ordinance otherwise. Mr. Kaplan: Yes, in Dade County. Mayor Suarez: Well, isn't that the classification that you would want us to give it, Bob? Mr. Kaplan: Well, we believe that the more appropriate classification would be the commercial central business district. We see there being no reason to 243 July 21, 1988 segregate out this portion of Biscayne Boulevard from the rest of downtown Miami. And we think that that adequately addresses the concerns of the developer. The developer sees this portion of Biscayne Boulevard as being the future Fifth Avenue, the future Michigan Avenue or the future... Mayor Suarez: Let's ask them, what is the practical affect of doing what he says and why do we not think that way? Mr. Rodriguez: Because the - let me read you the CBD, central business district, is the land designation intended to apply to the central commercial financial and office core of the metropolitan region and allows a mix of uses ranging from high density multi family residential to high intensity office and it says basically that these are the - intensity of these uses in the CBD are intended to be the higher in intensity that will be allowed in the rest of the City. So basically what they're trying to do is extend the boundaries of the CBD as we have now to the area where they are. Mr. Kaplan: We think that there's no reason to segregate this area out from downtown. It is part of downtown. In fact, this is the first place where the millions of tourists who visit the port see when they come to the City of Miami. Mr. Plummer: What is it presently zoned? Mr. Kaplan: Now it's in the shambles. We'd like to turn it into a substantial premier street. We think that the CBD would help to achieve that, would offer the developers unlimited flexibility. Mr. Plummer: My suggestion to you, sir, is to file an application in which we will then be able to impose cost factors on you. We're not going to give you a freebie. Mayor Suarez: Yes. Mr. Plummer: We don't mind making millionaires, we got a problem with billionaires. Mayor Suarez: As a policy question, that may very well be an ideal thing that you're suggesting but we're going to have to follow a different procedure for that. Mr. Kaplan: You're not making me a millionaire. Mr. Plummer: Your client, sir. Mr. Kaplan: Oh. Mayor Suarez: We want to preserve the status quo at the extent possible today and staff is indicating to us that preserving the status quo in those areas is GC, so - or general commercial what you call. Yes, Joel. Mr. Maxwell: Mr. Mayor, members of the Commission, staff is being asked to shoot from the hip on these classifications... Mayor Suarez: I understand. Mr. Maxwell: So I would suggest to you that the record be clear. One, that it is the status quo you're attempting to maintain and, secondly, that if it happens, that they have given an incorrect designation at this particular point that they be given instructions to apply the designation that does concur with your intentions. So that they not be bound by what they said at that particular time. Mr. Kaplan: That's fair. Mr. Plummer: So it stays status quo. Mayor Suarez: The status quo in this area as far as staff can best advise to us is general commercial. Mr. Rodriguez: Well, we're recommending for that particular area facing Biscayne Boulevard office residential. 244 July 21, 1988 i i Mr. Plummer: Oh, now you're really going to hear them scream. Mayor Suarez: I thought you told me general commercial before. Mr. Rodriguez: I'm sorry, I was addressing the previous one I believe. Mr. Plummer: What is it presently? Mr. Kaplan: Oh, not for the Biscayne Boulevard frontage. It's always been - the current zoning on the property is a general commercial. To maintain the status quo, would at least be a general commercial classification. Mr. Plummer: Now he's trying to protect what he's got, he's trying to get more. Mayor Suarez: Yes, why wouldn't that be... Mr. Rodriguez: Let me tell you, the present zoning that you have in the Boulevard is CR-3/7 which is commercial residential with a floor area ratio of 1.72. What they were trying to get is CBD to have a floor area ratio... Mayor Suarez: No, no, no, no, I don't mean the CBD type, but what would that be... Mr. Rodriguez: Because office residential will be commercial residential. It will be the similar thing. Mr. Plummer: That's what's there now. Mr. Rodriguez: That's what there now. Mr. Plummer: And that's what stays. Mrs. Kennedy (OFF MIKE): Which is what is there. Mr. Kaplan: No, no, no, no, what's there... Mayor Suarez: OK, what's the logical classification for that then? Mr. Rodriguez: Office residential. Mr. Plummer: Yes, it stays that way. Mr. Rodriguez: Except that we're extending it and making it longer in the block. We're making the whole block the same category. So, instead of having the line as we have it nowadays in the zoning, going through the middle of the property, we believe that the comprehensive plan should show the whole land use for the whole block and make it office residential. Mr. Plummer: That's not status quo. Mayor Suarez: Why? Mr. Rodriguez: Well, I'm telling you, I'm going beyond the status quo so you will know what we're proposing. Mr. Plummer: Oh, that's what you're proposing and we're not agreeing with. Mr. Rodriguez: OK. Mr. Kaplan: The status quo would be general commercial as you did for Overtown Park/West. Mr. Plummer: No, sir. Mr. Kaplan: There's no way to... Mr. Plummer: No, sir. The status quo is as he just said, residential office. Mr. Kaplan: For the Biscayne Boulevard frontage? 245 July 21, 1988 4 i Mr. Plummer: Yes, sir, that's what it is today. Mr. Kaplan: No, no, but this... No it's not, it's a commercial street, there's no way to classify this portion of Biscayne Boulevard as residential. It's part of downtown Miami. Mr. Plummer: You know, you came here trying to get more and now you're trying to defend what you don't have. Mr. Kaplan: No, I'm not. I am looking to get - I mean, I understand the point that you're after status quo. I think that the only fair way to look at this property is as commercial. It's been commercial, it is commercial... Mr. Plummer: What is it today? Mr. Kaplan: It's a commercial street. Mr. Plummer: No, sir, it is zoned residential office. Mr. Kaplan: It's zoned commercial. Mr. Plummer: It is zoned, as they say it to be residential office. Mr. Rodriguez: It's CR-3/7 that allows commercial residential and offices. Mr. Plummer: Exactly, that's what it is and that's what it's going to remain. Mr. Rodriguez: Sector seven is 1.72. Mr. Kaplan: You have all commercial... Mr. Plummer: You want to change it, sir? File an application. Mayor Suarez: Wait, wait, wait, he just said commercial residential and office. Mr. Plummer: All of it, if that's what it is. Mr. Rodriguez: CR, commercial residential's allow residential, office and commercial in the same... Mr. Kaplan: Mr. Plummer... Mr. Rodriguez: ... sector 7 which is 1.72. Mr. Kaplan: Mr. Plummer, we're talking... Mayor Suarez: How is that different from the other, wait, wait, wait, please. How is that different from the one we just voted on? Mr. Rodriguez: The other property that you have was called CG-2/7 which is liberal commercial before. Mayor Suarez: Which is, I'm sorry? Mr. Rodriguez: It was called before liberal commercial. Mayor Suarez: Liberal commercial. Mr. Rodriguez: CG as compared to CR. Mayor Suarez: This is conservative commercial now. Mr. Rodriguez: The R means residential. That's part of what we're changing the 9500 to make it easier for you. Mr. Dawkins: Heeeeee h000000. Mr. Rodriguez: The CR in the commercial residential category is what it means. 246 July 21, 1988 Mr. Dawkins: A lot of you speculators will not cash in on what you thought you bought. Mr. Kaplan: No, it's not a matter of cashing in. It's a matter of reflecting the status quo... Mayor Suarez: That's what we're trying to do, Bob. Wait, let's hear from... Mr. Kaplan: ... OK, let me explain, we're talking apples and oranges, Mr. Mayor. Mayor Suarez: Yes, we gather that we have that problem. Mr. Kaplan: The problem is we're talking zoning on the one hand and master plan on the other. What we're looking for is a master plan designation which closest resembles the existing zoning. Mr. Plummer: No, no, no,.... Mr. Kaplan: The only - yes. Mr. Plummer: No, no, that's not status quo. Mr. Kaplan: Status quo - the problem is that the current master plan designation is ambiguous, it's some special district which had no meaning really until you put the Overtown Park/West development order in place on top of it. The... Mayor Suarez: I know... OK... Mr. Kaplan: The status quo would be a mixed use commercial... Mr. Dawkins: Mr. Mayor, I make a motion that this remain status quo... Mr. Kaplan: Right. Status quo... Mr. Dawkins: I make the motion, all right? Mr. Kaplan: The problem is that the status quo is not clear here because you're... Mr. Dawkins: It is clear. It is clear. Mayor Suarez: We're aware of that, counselor, we're aware of that. Tom last comment. Mr. Dawkins: Hold it, hold it, hold it... UNIDENTIFIED SPEAKER: Yes, sir, my name is... Mr. Dawkins: Hold it, hold it, hold it... Mayor Suarez: Wait, wait, Commissioner Dawkins. Mr. Dawkins: Hold it. Mr. City Attorney, what is the status quo? Mayor Suarez: To the best of our estimation? Mr. Maxwell: Well, if you want a definition of status quo, it means... Mr. Dawkins: No, no, no, what is this area? Mayor Suarez: How would you classify this... Mr. Maxwell: That's a planning question, Commissioner Dawkins, how... Mr. Dawkins: All right, Mr. Rodriguez, what is the status quo? Mr. Rodriguez: The status quo on zoning is the area facing the Boulevard is commercial residential which allows offices, commercial and residential. The area that it's facing... 247 July 21, 1988 UNIDENTIFIED SPEAKER: Hotels. Mr. Kaplan: Hotals7 Mr. Rodriguez: That's part of the definition. The area facing N.E. 2nd Avenue is CG-1/7 which is commercial, liberal commercial. So if you want to leave it exactly as it is, you leave the line in the middle of the block. One part of the line on the east facing Biscayne Boulevard will be in our new designation, office residential. The other line in the middle of the block to the area facing northeast to west, thank you, it will be shown liberal commercial. Mr. Kaplan: I beg to... Mr. Dawkins: from 7th Street? Mr. McManus: General commercial. Mr. Rodriguez: Excuse me, general commercial. Mr. Dawkins: To Seventh Street to what? Mr. Kaplan: I respectfully beg to differ. First of all, there is no... Mr. Dawkins: To tenth? Mr. Kaplan: ... office residential land use classification. All you have is office. And what you're trying to do here is you're trying to fit zoning in to land use. What we have here is a proposed land use plan tax which does provide for a mixed use classification and that's the general commercial. I originally thought that the intention of the Commission was to reflect the status quo of Biscayne Boulevard and this portion of Biscayne Boulevard being a part of downtown, so I suggested CBD since in the minds of the Commission it could fairly be considered part of downtown. The second alternative would be for it to be general commercial. The general commercial text provides mixed use. It's the only one of the designations that your staff, Mr. Rodriguez, provided to be mixed use, purposely mixed use. The last sentence in the text says, mixed use, and that's the intention, that's the status quo. There's no debate about that. An office classification provides no flexibility, it does not provide the flexibility that the zoning code has even. Mayor Suarez: OK, wait, we've heard the argument, counselor. Mr. Dawkins: Counsel, counsel, one minute. Give me the zoning classification again, just for me and him. Mr. Plummer: That exists there today. Mr. Rodriguez: OK, the present zoning classification facing Biscayne Boulevard, from the middle of the block east, is CR-3/7... Mr. Dawkins: Which says? Mr. Rodriguez: Commercial residential, sector seven. Mr. Dawkins: Is that mixed use, sir? Is that mixed use? Mr. Kaplan: No, no, no... Mr. Dawkins: If you put more than one in there, is that mixing them up? Mr. Kaplan: No, no, it says, but it says... Mr. Dawkins: Well, that's mixed use then, sir. Mr. Kaplan: No, Mr. Dawkins, it does, if you look at the uses in the zoning code, it permits commercial, residential and office and hotel and a variety of uses. Mr. Dawkins: I'll call the question. 248 July 21, 1988 Mr. Kaplan: It permits a variety of uses. The only designation Mr. Dawkins in the text of the proposed plan which is similar to this CR zoning district is the commercial residential or ti,e central business district. So... Mayor Suarez: We have a motion to close debate and I think that I don't even have to put that to a vote because I know how it's going to come out. Mr. Maxwell: Mr. Mayor, before you... Mayor Suarez: Joel. Mr. Maxwell: Please, before you vote on that, there's a procedural snafu that you need to address. Evidently... apparently the planning department has decided, subsequent to the last roll call vote, that the designation that was being discussed wasn't the correct designation. They gave a different designation for the red area. When you voted, they were applying that area, I think the Clerk's office can tell you exactly what you voted on the last time. Ms. Hirai: The motion on the floor as made by Commissioner Plummer and seconded by Commissioner Kennedy, the designation was general commercial. My question was, if it is one in the same as status quo, then there is no problem. If it is different, since the Commission later sets status quo, then we have to call the roll again on that amendment. Mayor Suarez: General commercial was... Mr. Plummer: Well tell us, what is status quo in that area designated by Cardenas. Mr. Tom Post: Mr. Mayor, Commissioners... Mr. Plummer: Wait, wait, whoa, whoa... Mayor Suarez: Wait, wait, wait, wait we got to figure out what we did in the last vote before we try to figure out what we're going to try to do in the next vote. Mr. Rodriguez: If you allow me the flexibility in handling this, what don't you say, the status quo, as to the existing zoning that you have there and that we will translate that to the new classification in the land use plan. The only reason what I'm saying is because there are bits and pieces in what you took. You took a big area. Mayor Suarez: I'd like to do that as to the entire City right now. That's the best - that's what we've been trying to get at the entire time and somebody... Mr. Rodriguez: If you want to do that... Mr. Post: Mr. Mayor, there... Mr. Rodriguez: Do you want to do that? Mayor Suarez: ... has not been listening. Mr. Post: Mr. Mayor, my name is Tom Post and I happen to represent myself. I have a small bit of property in the section that you just passed and a small bit of property in the section that you're dealing with. The gentleman is technically correct. Under your plan, you only have ten categories... Mayor Suarez: Only. Mr. Post: ... the commercial general description which you gave before preserved the commercial rights which you had, which we have there now, and includes mixed uses - Commissioner Dawkins, what you're concerned about - of commercial office and residential, Commissioner Plummer, within that designation. So, in my opinion, what you passed that is commercial general is the closest thing to the existing zoning remembering that zoning also sets growth heights FAR; land use does not necessarily represent FAR. So you're closest with what you did to keeping by making general commercial, you came the closest to keeping... 249 July 21, 1988 1 0 Mayor Suarez: The problem is, that we have a disagreement between - OK, that's your opinion, Tom. Mr. Post: Yes, sir, that is correct. Mayor Suarez: The problem is that we have a disagreement between you and the attorneys and the property owners... Mr. Post: Well, they're not here, I'm just saying, they've already left. Mr. Kaplan: Mr. Mayor, we concur 100 percent. Mayor Suarez: Wait, wait, wait, wait. We have a general problem that we're going to have to solve here and I have one idea how it could possibly be done otherwise we'll be here all night. And that would be to direct, by motion, the planning department to assign the classifications in the entire City that are most in keeping with preserving the status quo. Mr. Rodriguez: The existing zoning? Mayor Suarez: Right. But, as reflected in land use classifications that you have devised and that, presumably, are in accordance with state law and that will fly when we send them to Tallahassee. That's the only way I can think of doing it. Mr. Rodriguez: It's up to you. I don't know whether that will clarify some of the concerns that you have from other people here tonight. Mayor Suarez: Well, I know in a few cases it will and I know that, you know, it might mean that we'll be back here on many, many other hearings from many landowners who are going to say, property owners or neighbors, who are going to say that the ones you chose were really not the ones that best reflect what is the existing or status quo zoning classification but we have to try something. Mr. Kaplan: Mr. Mayor... Mr. Rodriguez: You can either do that, Mr. Mayor, or also you can transmit as is and then make these changes as we progress along. Remember that you have an opinion from your legal... Mayor Suarez: As is, you mean as you're proposing. Mr. Rodriguez: Right and you have before you adopt it in December to change it. Mayor Suarez: Why? Why must we get involved in this process when almost everybody wants to keep the existing classifications. Mr. Rodriguez: Because you have 78 proposals for changes and you have, maybe, disagreement in... Mr. Dawkins: Mr. Mayor, point a special privilege... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: ... it is now 8:31, and I think, as the Mayor, you should advise the people in the audience that we'll be very, very lucky to get past PZ-3. So if you're on 4, 5, 6 or anything else, I think they should know that we will not hear their item. Mr. Plummer: Well, we're going to be lucky to get beyond this one. Mrs. Kennedy: PZ-1. Mr. Dawkins: No, but I'm just saying, but I mean, I think, they should know that. Mayor Suarez: OK, can, to try to resolve this, can it be done as I just proposed and would the Commission so consider? Mr. Maxwell: Mr. Mayor, if I may... 250 July 21, 1988 4 Mr. Plummer: Well, but I got a problem with that, OK? You're leaving it to the discretion of the planning director that we're going to be in these areas that are this way, he's going to be making the determination of whether it goes up or it goes down based on what is there today. Now, you know, that means we're not going to know what really is may being transmitted. And that I've got a problem with. Mayor Suarez: Well, why can't it come back for final approval? Mr. Rodriguez: Because you are supposed to transmit this to the DCA before September 1st. Mr. Plummer: You'd known that for three years, why did you wait till the last minute? Mr. Rodriguez: Listen, if you looked at the amount of work that we have been preparing to comply with the ordinance, with the requirements, you would know. I think that we're losing track of what we're doing here today. We have a comprehensive plan in which one of the elements which is the official land use plan has 78 proposals. Of those, there might be 4 or 5 areas which are being contested because we added more zoning than they wanted and one or two areas in which would like to have more zoning translated into land uses than what we're proposing. I think that you're perfectly - if you want to do what you want to do, Commissioner, Mr. Mayor, of directing the staff to transmit to DCA a comprehensive plan that will reflect the existing zoning, we can do that. I mean, we can do whatever you tell us to do it. I think that you're going to ask to prepare a lot of work when a transmittal that frankly, until it is approved you in December, doesn't have the strength of an adoption that you will have in December and January. This is, at this point, a recommendation from the planning department. You're transmitting it to DCA, you can change it between now and December or else, if you want to make the changes right now, just tell us that we should change all the changes that we are proposing and making it to stay the way that the zoning has at this point and you might have some conflicts in that. For example, specifically in the area that you just finished now, I have been told by Matt that the area that we have in Southeast Overtown Park/West, if we were to do what we have, will not allow us to have residential. So you're doing that by doing what you're doing today. Mr. Plummer (OFF MIKE): That's totally wrong. Mr. Schwartz: Yes, if you go by the existing zoning. The bulk of Overtown Park West is zoned CG-2/7 and that is general commercial and it's warehousing and light industrial and that's contrary to the plan. I think... Mayor Suarez: And you cannot put residential in a... Mr. Schwartz: You cannot build residential there. Mr. Rodriguez: Warehouse area... Mr. Schwartz: We tried to rezone this... Mayor Suarez: ... commercial... Mr. Schwartz: Yes, three years ago at higher density to encourage mixed use development to allow for office, retail... Mayor Suarez: We're breaking ground on tower of... Mr. Schwartz: No, that has been rezoned, Mayor, that was rezoned and that is high density residential... Mayor Suarez: Just like that was rezoned because the City wanted to build residences there. We can rezone whatever else we want to rezone over there, right? Mr. Schwartz: That's true, that's true. I think... Mayor Suarez: Particularly if people want to build other things there and if we find the money to build it, Matthew, I mean... 251 July 21, 1988 Mr. Schwartz: I think the problem is that the - the planning department the recommendation has a limited number of categories that may be not - this being the unique area, there may be a need to come back in ttie fail with maybe another category of mixed use development that would encourage residential and commercial development in this area and I think to allow the flexibility, I think that may suffice, what the property owners are concerned about and what the objective of the City is in this area. Mr. Cardenas: Mr. Mayor, members of the Commission, I was under the impression that our item had been concluded and was asked to return. Mr. Plummer: You talk too long. Mr. Cardenas: The commercial general designation of which I believe all was understood to be red and voted upon, is very clear. May I read the paragraph for you, if I may. Permissible land uses within the general commercial category. This is the red category which you voted upon include motels and hotels, other transitory residential facilities, offices, medical facilities, major sports exhibition, entertainment facilities, mixed uses of commercial, office and residential are also permissible within this land use designation. If any... Mayor Suarez: What are you reading from, Al? Mr. Cardenas: I'm reading the City's own definition. Mayor Suarez: So how come I was just told that residential... Mr. Dawkins: No, no, no, but we did not change it to red, we said it would be status quo... Mayor Suarez: That that reflected the existing zoning. Mr. Dawkins: Then the attorney said, attorney Cardenas said, make it a designation red. Now he named it red. I did not name it red up here. I said it remains status quo. And then he said, I think that you should choose red and put it in there. Now, that's the way that happened. Mayor Suarez: And now, Matthew, in view of what he just read, why isn't it within the land use plan to do residential? He just read residential. Mr. Schwartz: But you're referring to, I believe, is to the zoning before, status quo as far as zoning. The zoning is on that bulk of Park West today is liberal commercial, which precludes residential development and it allows warehousing and light industrial and that is not in the master plan of the City. It has not been - and I don't think it's what the objective of the property owners are. Mayor Suarez: Oh, well, we designated it does permit residential. Mr. Rodriguez: Correct, but that's not then the status quo. Mr. Plummer: Its' the other side of the coin that they're concerned about and they don't want any body building a warehouse there tomorrow because then that would be not conducive to do good residential and office space. Mayor Suarez: OK, I'll change the definition then that we want to allow status quo or more, not status quo or less, except maybe some cases where we have people in the Roads that don't want to... Mr. Cardenas: Excuse me, industrial warehouse is not permitted under commercial general, Commissioner Plummer. If you have a land use designation of commercial general, which is what we're asking, which we say adds a maximum flexibility for commercial, residential and office and this Commission decides that it wants to zone high density residential, any of the parcels located within this land use designation, you're legally entitled to do so. There is nothing legally that would hamper you from zoning residential any of these parcels with a land use designation that I enumerated. Furthermore, there is not - industrial is not a permitted use in the commercial general category that I enumerated which is the one area that you expressed concern about being compatible with residential. 252 July 21, 1988 Mayor Suarez: Let me hold you for a second and take up the matter of a couple of the other areas to see if we can agree on them. On the Roads... (Applause) Mayor Suarez: On the Roads area, what would you feel and is there anyone opposed to the concept of maintaining the - what would be the logical designation for the zoning that there exists there? Mr. Dawkins: Oh, wait a minute now, we have a motion, right, for the status quo? Was that... Mayor Suarez: We passed it. Mr. Dawkins: Yes, OK, but I want to be sure that we passed my motion and that we did not change to the red classification motion as voiced by the attorney. I mean, I want that in the record, see, because this is what happened to me with the - what's that thing over there? Claughton Island. You see, I said one thing and when you read the minutes the next time, it said something different. So now, what is the motion that we passed? Mr. Plummer: Status quo. Mr. Maxwell (OFF MIKE): But you have to amend the previous motion. Mr. Dawkins: And it did not designate any red areas, is that correct? Mayor Suarez: Yes, it does designate it red. Mr. Maxwell: Mr. Mayor, you need to pass a new motion amending that motion to do that. UNIDENTIFIED SPEAKER (OFF MIKE): They can't do it. Mr. Plummer: What, again, my God! What is the status quo presently? UNIDENTIFIED SPEAKER (OFF MIKE): The comp plan. Mr. Rodriguez: In the comprehensive plan, if I may, is called a special use. In the zoning which is what I think you were referring to, you have CG-1/7 and CG-2/7 which is the equivalent to a liberal commercial. Mr. Cardenas: Excuse me, we're not dealing with zoning, we're dealing with the land use. If you used the current comprehensive plan designation, not the current zoning designation, the equivalent of the current comprehensive master plan designation is the red designation which I had indicated to you. Mayor Suarez: OK. Mr. Rodriguez: That's not what shows over here. Mayor Suarez: As I said before, let me see one other one that we can, maybe, resolve. What about the Roads area, do you retain... Mr. Schwartz (OFF MIKE): The land use category existing today is special. Mr. Cardenas (OFF MIKE): There is no apples and apples but I believe it's the closest one, Matt. Mr. Joe Wilkins: We would like - if I can remember... Mayor Suarez: By the master plan classifications, the existing zoning to the extent possible, right? Mr. Wilkins: We would like - name is Joe Wilkins, 228 S.W. 23rd Road, president of the Roads Neighborhood Civic Association. I'd at first like to thank our membership who came out tonight and have perservered through this ordeal. We think it shows the level of concern about this in our neighborhood. We made our presentation to the planning advisory board and I met with several of the commissioners this week. We would like the comprehensive plan, the zoning, whatever is involved, to allow the status quo in our neighborhood. Now this leaves, as I understood, from the planning 253 July 21, 1988 advisory board this would not affect the Vizcatran situation because we are not really happy with that part of it. Mayor Suarez: We understand that. Mr. Wilkins: But it would ensure that the rest of our neighborhood could be protected from that type of situation. Mayor Suarez: OK, Joe, we understand that's what you want to preserve. Now, from the standpoint of our experts, what does that mean, Joe? Mr. McManus: On the Vizcatran site, the planning department had recommended going from moderate density, multi family residential. The... Mayor Suarez: Not on the Vizcatran site, Joe, on the rest of that area. Mr. McManus: On the rest... Mr. Wilkins: We're speaking of area 34, the area around Vizcatran. Mrs. Kennedy: Excluding the Vizcatran. Mayor Suarez: Excluding the Vizcatran site, please. Mr. McManus: OK, on the rest - excluding Vizcatran, we'd recommended going from single family and duplex to multi family, to medium density. Mayor Suarez: OK. Mr. Wilkins: And we are asking that it remain single family and duplex. Mayor Suarez: How can we make a motion now that rejects that recommendation and maintains the status quo? Mr. Wilkins: Vote for it as amended by the... Mayor Suarez: What would be the correct motion to make. You tell me and I'm going to move it right now. Mr. McManus: As I understand Mr. Wilkins, he's only asking for status quo on half the site and not affecting Vizcatran. Mr. Wilkins: Ideally we would - well, status quo on Vizcatran leaves Vizcatran as is, but status quo on the rest of the area leaves... Mayor Suarez: Leaving Vizcatran out of consideration for the moment, as to the rest of the property how can we preserve the existing zoning classification? Mr. McManus: Status quo would be single family and duplex. Mayor Suarez: I'll entertain a motion on that. Mrs. Kennedy: And I so move. Mr. Plummer: Second. Mr. Dawkins: Second. Mayor Suarez: Second. (Applause) Mayor Suarez: Please. It just delays us. Call the roll. 254 July 21, 1988 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-726 A MOTION TO MAINTAIN THE STATUS QUO BY RETAINING EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE ROADS AREA (EXCEPT VIZCATRAN). (NOTE: The content and essence of this motion together with Motions 724, 725, 727, 728, 729, 732, 733, 734, 735, 741 were embodied in Resolution 88- 736. ) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Question. Vizcatran stays as it is today. Mr. Rodriguez: Right, it's excluded from that. Mr. Plummer: I vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Do we need to do anything now with the Vizcatran site or can we just... UNIDENTIFIED SPEAKER: Yes, one more thing, if I may, please. Mayor Suarez: Wait, wait, wait, sir, I'm not asking you at this point, I'm asking staff. Do we have to approve anything for Vizcatran or we can just or... Mrs. Kennedy (OFF MIKE): No? Mr. McManus: We're showing it as high density multi family. Mayor Suarez: OK, ma'am, what was the area that you had that you were concerned about? Come up to the mike, come up to the mike. Mr. Wilkins We have some... Mayor Suarez: You'll get your day in court. Mr. Wilkins: We have some folks that have been waiting... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. UNIDENTIFIED SPEAKER: Please. Mayor Suarez: Which is your area, ma'am, why don't you come up to the mike. We'll try to handle that too. UNIDENTIFIED SPEAKER (OFF MIKE): Coral Gate, go ahead. Mayor Suarez: Well, you got them then, go ahead. Mr. Chuck Hassler: OK, my name is Chuck Hassler, I'm president of the Coral Gate Home... 255 July 21, 1988 Mayor Suarez: He's not five months pregnant. Mr. Hassler: Coral Gate Homeowners Association. We agree with what the Commission wants to do here, maintain the status quo. Mayor Suarez: How do we define it in that area, Joe? Wait... Mr. Hassler: It's in a resolution here in PZ-1. Mayor Suarez: Yes, I just want to make sure that staff agrees with you as to... Mr. McManus: That the area along Douglas Road remains single family residential, that would be the status quo. Mrs. Kennedy: And this would be on Douglas Road from 18th... Mr. McManus: On Douglas Road from S.W. 18th to approximately 21st Street on the east side of Douglas. Mr. Hassler: Not approximately, to 21st Street. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: He just defined it better, he just defined it better. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: He just defined it to... Mr. Hassler: Yes, 18th Street to 21st Street. Mayor Suarez: OK, I'll entertain a motion on that. Mrs. Kennedy: I so move. Mr. Hassler: Sir, there's one more minor fly in the ointment here. Mayor Suarez: We can take that up unless it affects the motion about to be made. Mr. Hassler: Well, they referred to deleting recommendation five and it should be 15 in the PZ. Mayor Suarez: Make sure that the correction is made. OK, we have a motion on that? Mrs. Kennedy: OK, with that correction I move... Mr. Hassler: And also in the PZ it refers to 20th Street instead of 21st Street. Mayor Suarez: Make sure it reflects 21st Street. Mr. Hassler: Thank you. Mayor Suarez: Surely. I can't even see at this point, I'm relying on what staff tells me. OK, we have a motion, do we have a second? Mr. Plummer: Yes. Mayor Suarez: Call the roll. 256 July 21, 1988 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-727 A MOTION TO MAINTAIN THE STATUS QUO BY RETAINING EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CORAL GATE AREA ON DOUGLAS ROAD, BETWEEN S.W. 18 AND 21 STREETS. (NOTE: The content and essence of this motion together with Motions 724, 725, 726, 728, 729, 732, 733, 734, 735, 741 were embodied in Resolution 88-736. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Dr. Gustavo Casanova: Good evening, I'm Dr. Casanova, I represent the Shenendoah Silver Bluff Morningside Association. (Applause) Mr. Casanova: And I'm the vice chairman of the Coral Way sub council which is formed with the Roads Association and the Coral Gates Association. We were notified yesterday in a general meeting and I believe you have received a letter from us that there were some changes planned on S.W. 17th Avenue between Coral Way and U.S. 1. Mayor Suarez: OK, what are those, Joe? Mr. Casanova: We were never notified of any changes in our boundaries. Mayor Suarez: You want to preserve the status quo? Mr. Casanova: Our boundaries are from 16th Avenue to 27th Avenue and from Coral Way to U.S. 1 and we have not asked for any changes. Mr. Plummer: You oppose any changes. Mr. McManus: Mr. Mayor, we aren't proposing any changes. UNIDENTIFIED SPEAKER (OFF MIKE): Oh, yes you are... Mr. McManus: If the gentleman could point them out... Mayor Suarez: OK, wait a minute. One person at a time and using the mike, please. Mr. Casanova: Is this in the record then that there won't be any changes in the whole area? Mr. McManus: Yes, sir. Mayor Suarez: Well, we can't predict anything about what's going to happen. All we're saying is that the master plan will not reflect any land use changes, if I hear Joe correctly. Mr. Plummer: There's been none proposed. Mr. Casanova: I believe he said there won't be any changes. Mayor Suarez: What I'm saying is I can't guarantee. This is just a master plan. People come and change things all the time. 257 July 21, 1988 4 16 Mr. Casanova: OK. Mrs. Kennedy: No... Mr. Rodriguez: Mr. Mayor, to be clear on the record, why doesn't he identify specifically the area in which you have a concern and if you... Mayor Suarez: I thought he just did. Mr. Plummer: He just did. Mayor Suarez: I thought he just did, Sergio. Mr. Casanova: Sixteenth Avenue to 27th Avenue and Coral Way to U.S. 1. Mr. Rodriguez: And if you are so inclined to follow his request then express so in the record there will be no changes in that area... Mayor Suarez: That's... Mr. Plummer: There's none proposed. Mr. Rodriguez: Well, just to make sure there will be nothing that fall through the cracks. Mayor Suarez: Well, that's what we're inclined to do. Mrs. Kennedy: We need it in the form of the motion... Mr. Plummer: I so move in the designated area that there's no changes. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-728 A MOTION STATING THAT THERE SHALL BE NO CHANGES ON LAND USE DESIGNATION IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE SHENANDOAH AREA BETWEEN S.W. 16 AVENUE AND S.W. 27 AVENUE FROM US-1 TO CORAL WAY (S.W. 22 STREET). (NOTE: The content and essence of this motion together with Motions 724, 725, 726, 727, 729, 732, 733, 734, 735, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Casanova: Thank you, good night. Mayor Suarez: Bye, sin no more. Mr. Ray Asmeyer: Mr. Mayor. Mayor Suarez: You're talking about the Blue Lagoon area. 258 July 21, 1988 Mr. Ray Asmeyer: Yes. Ray Asmeyer, 2389 Coral Way. Mr. Mayor, Miss Vice Mayor Kennedy, Commissioners all I'm asking is for the status quo. Mayor Suarez: Where? Mr. Asmeyer: It's a one block area bounded by N.W. 7th Street, approximately N.W. 6th Street, 56th Avenue and Red Road. I've had a piece of property in there for the last 33 years, it's always been zoned liberal commercial... Mayor Suarez: Is there any, let me check. Is there anyone here that's opposed to maintaining the status quo in that area? Mrs. Kennedy: I move to leave it. Mr. Plummer: Second. Mayor Suarez: Let the record reflect that no one has stepped forward. Moved and seconded. Any discussion? Call the roll. Please, sir, madam. City Clerk, call the roll please. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-729 A MOTION TO RETAIN LIBERAL COMMERCIAL LAND USE DESIGNATION IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.W. 7 STREET, APPROXIMATELY N.W. 6 STREET, 56 AVENUE AND RED ROAD. (NOTE: The content and essence of this motion together with Motions 724, 725, 726, 727, 728, 732, 733, 735, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Asmeyer: Thank you, sir. Mr. Alan Ross: Mr. Mayor, Commissioners, my name is Alan Ross, I'm at 195 S.W. 15th Road and I would like to call your attention to a small parcel that is adjacent to the Vizcatran site which, under present circumstances, may be left insulated like the house behind Omni. Right now, it's shown on the land use plan to be for high density residential, that is the same use as for the Vizcatran. Mr. Plummer: We turned that down. Mr. Ross: But that particular parcel also fronts on 22nd Street on the other side of the parcel it is zoned R... not zoned, excuse me, but the use is office. And what can happen is, if the Vizcatran developers don't buy that parcel then it has nowhere to go. It's a tiny little spec on the corner that can't go the other way because that's an incompatible use. I would propose that it be designated office, under the comprehensive plan, and then it could go either because it fronts on both 32nd Road and on 22nd Street and that way it could go either way depending on how the projects develop on either side. It should not be left in an isolated position. Mayor Suarez: OK, I've heard the argument but I have no idea what he's talking about. Can you tell, Sergio, anybody, Joe? Mr. McManus: I think the gentleman is referring to an individual parcel and I thought we were dealing with large areas of land use... 259 July 21, 1988 Mayor Suarez: We sure are. Mr. McManus: ... I'd suggest if he wants a change to come back and make an application. Mr. Plummer: Sure. Mayor Suarez: That's the best we can do. OK, anyone else? Any other areas of the City? Steve Helfman. Steve Helfman, Esq.: Mr. Mayor. Yes, my name is Steve Helfman with Fine Jacobson with offices at 1 CenTrust Financial Plaza. Mayor Suarez: You want to rezone all of the rest of the City while we're at it, right? Mr. Helfman: No, just one small piece that I'll show to you. I've just distributed a letter which has a map included which may help you. Mayor Suarez: Are we talking about a large area or a specific piece now? Mr. Helfman: We're talking about this specific parcel if you can see it in front of me outlined in black. Mayor Suarez: Where is that? Mr. Helfman: It's S.W. 8th Street, the Tamiami Trail and let me turn it up the other way. The property is approximately 12 acres on S.W. 8th Street, the Tamiami Trail, between 31st Avenue and 30th Avenue. Mr. Plummer (OFF MIKE): That's a trailer park. Mr. Helfman: Yes, it's currently a trailer park. I represent Mr. Elia Kobrowski who owns or controls, by contract, that property. He proposes a major nationally known supermarket on that site. We have already initiated a major use permit application through the zoning process to get that supermarket on that site. Mayor Suarez: Well, wait a minute now. Let me ask a question here. A supermarket there sounds a heck of a lot better than a trailer park. Why would we not envision, under the proposed land use, having something like that there, Joe? Mr. McManus: Well, again... Mayor Suarez: Or do we? Mr. McManus: The contention here is not so much against the planning department recommendation as trying to get a leg up on going through a whole plan amendment and a change of zoning for a particular project. Mayor Suarez: I see. Mr. McManus: And our suggestion is, why don't we let that whole process work itself out. Mr. Plummer (OFF MIKE): What's it presently zoned? Mr. Helfman: I'm not sure about the zoning because really this is a land use issue. Mr. Plummer (OFF MIKE): What's it presently zoned? Mr. Helfman: It's not a zoning issue. The land use is residential, we're asking to go to... Mayor Suarez: Hold it, the only way we can get a handle on it is by zoning because it's - I'm not saying we understand it totally but at least it's the closest thing to understanding that we have. 260 July 21, 1988 Mr. Helfman: Well, let's say it's residential, we'd like to go to general commercial. Mr. Plummer: File an application. Mr. Helfman: That's a zoning change, but you cannot file an application unless your underlying plan is consistent with the application that you're going to file. Let me tell you why we think it's appropriate and why your planning department thinks it's appropriate. The area outlined here in yellow and black is a newly created, in your new comp plan district called SPIC. It has designed this entire neighborhood for recevelopment for a mixed use purpose, commercial and residential. That is the ideal classification for the proposed use that we recommend for this site. It's entirely consistent. You will give us the framework to eliminate a trailer park, to eliminate that densely unsightly use there and bring in a wonderful use for the people of that neighborhood. The owner of this property did Trail Dodge which used to be a flea market and has converted it to an extremely attractive shopping center at this point. He has a track record and this will allow him to begin that process. Mayor Suarez: It was an extremely attractive political campaign run out of that lot too without any change of zoning. Joe, under the classification proposed - what would be the classification being proposed? Mr. McManus: What we're proposing here is moderate density residential and the suggestion here is to switch it over to commercial designation. And we're just saying it's... Mayor Suarez: And the present zoning is? Mr. McManus: Residential. Mr. Rodriguez: Residential. Mayor Suarez: And a trailer park comes under that, huh? Or was it a non conforming use? Mr. Rodriguez: It's residential. Mr. McManus: Mr. Mayor, it merely appears to us that this is premature and we'd prefer to let this, you know, work its way through the system and analyze the project rather than coming up tonight and making a quick and fast decision. Mr. Helfman: Mr. Mayor, all we're asking that as a proposed amendment to your comp plan which you're going to transmit to DCA, propose this. If it comes back, if we have to make modifications, we make modifications, but under Pelham, who's the secretary of the department of community affairs, under an opinion issued by him, there's a chance that we may not be able to come back if we don't transmit with this shown on that plan. And we want to eliminate that risk. Mayor Suarez: Still have a quorum. OK, what does the Commission want to do on this item before we... Mr. Plummer: Status quo, consistent with what we've done all night long. UNIDENTIFIED SPEAKER (OFF MIKE): Can I say something to this man? That area is residential, the street cannot have no more traffic... Mayor Suarez: OK, he's proposing that we maintain a status quo which would be... UNIDENTIFIED SPEAKER (OFF MIKE): ... and if you make it commercial, you'll... Mayor Suarez: No, no, he's proposing that we keep it residential, sir, so if... Mr. Plummer: He's not talking to me, he's talking to the barrister. Mayor Suarez: I gather that. 261 July 21, 1988 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suci,:.-: CK, do we have a moticn on that? Or do you.. Mr. Rodriguez: Could we clarify one second status quo in this case, sir? Because we're making some changes on 8th Street to make it commercial and I don't know if that's what you are trying to do. Mr. Plummer: No, we're proposing that it remain as it is. Mr. Rodriguez: OK? In that particular area. Mayor Suarez: That's in the form of a motion. Mr. Plummer: If they want to change it, let them file an application. Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: Just point of clarification for the record, Mr. Rodriguez just now said in response to Commissioner Plummer's statement, in that area the intention is to, as I understand what's been happening just to make the record clear, is that the planning department not make any changes in the comp plan from what you have in existing comp plan. Is that correct? Mr. Plummer: Exactly. Ms. Hirai: That's correct. Mr. Rodriguez: As we go through each one of these complaints, otherwise you are leaving the recommendation from the planning department. Mayor Suarez: Well, that's why we're taking a global motion on it. I'm ready to take it right now unless there's anything else, any input from the public. Mr. Maxwell: Can you include the motion, Mr. Cardenas' motion, that still needs amending? His needs to be amended. Mayor Suarez: I'm no disposed to go back to that. Ms. Hirai: We can withdraw the Mayor Suarez: I found it quite acceptable as we voted. To the best of my understanding, we did what was preserving the status quo. That's the way I look at it. If you want to convince me otherwise, we'll have plenty of time to try to do that in the future, but not today. Mr. Terry Percy: Thank you, Mr. Mayor. Terry Percy, representing property owners of property bordered at 5th Street, N.W. 5th Street, N.W. 8th Street by N.W. 3rd Avenue and N.W. 4th Avenue. If the Commission is inclined to take the plan as it is and submit it to the department of DCA, unamended.... Mayor Suarez: With the exceptions that we've made by specific vote today. Mr. Percy: There's still property owners that have individual parcels that's going to be impacted and we have the same problem as the gentleman here. If the plan doesn't permit the underlying zoning, we'd like to submit for the record and preserve the record with our written recommendations so at a subsequent date, the could come back and modify its plan on a first or second reading. So if... Mayor Suarez: Well, you're saying that there are certain areas that the proposed land use does not permit the existing zoning? Mr. Percy: The proposed change. Mr. McManus is suggesting that individual parcels be treated by individual applications and we're suggesting that if the map doesn't permit that, that application would be an improper one. What we'd like the Commission to do is to consider written proposals submitted by property owners who the Commission may not be inclined to changes on tonight, but it will be reflected in the record so at some future point we'll preserve the Commission's options to take these up. 262 July 21, 1988 4 Mayor Suarez: Oh, I would like to objections that the prctcrty owner downtown areas that, in fact... Mr. Plummer: Includes them all. do that, I would like to preserve all feels, and that includes some of the Mayor Suarez: ... the classifications they're saying preserve the status quo, that the property owner feels that does not protect his zoning. Mr. Percy: Correct, we'd like the property owners recommendation to be submitted to the DCA plan submitted by the City for consideration notwithstanding the adoption by this Commission. Mayor Suarez: I don't see any problem with that, do you? Mr. McManus: Mr. Mayor, the county, Metropolitan Dade County, went through a public hearing, nine hours of public hearing. They gathered all the comments from a hundred different property owners and sent it to DCA. Two days ago, Tom Pelham, the secretary... Mayor Suarez: Rejected the whole thing? Mr. McManus: ... sent all that stuff back to DCA. I mean, back to Dade County... Mr. Helfman (OFF MIKE): He's moved to deny it. Mr. McManus: ... and rejected it. Mr. Plummer: But that's what they wanted to happen. Am I right? Mr. McManus: I'm not speaking for the... Mr. Plummer: No, that's what the county wanted to happen. Exactly, which gave them more time to go through it for further examination. Mr. Helfman (OFF AND ON MIKE): He's status quo which is not what we want. The answer to your question, Mr. Dawkins, is is that we're asking that it be amended from the current designation to a general commercial designation to eliminate this trailer park. It's just a proposed amendment to DCA. This is not final adoption. But we want to preserve the ability to come back and do that and there's no certainty of that under Pelham's opinion. Mayor Suarez: OK, we have to take a vote on that. Mrs. Kennedy: Its' not a big deal what he's asking for I don't think. Mayor Suarez: OK, just to finish off on your suggestion. Terry, what specific area are you concerned with? I mean, I don't want to open up by a motion a can of worms of... Mr. Percy: OK, we have a similar problem, Mr. Mayor. The property immediately north of the proposed Camillus site hotel, that entire three square City blocks, is presently zoned residential, it abuts the 8th street exit to the Port of Miami and to Bayside and it's also bordered by public housing and it's zoned residential. A part of that same parcel, a half a block, is owned by the City with a deed restriction from the county that limits it to a parking, a parking garage, and what we'd like to do is to liberalize and give some flexibility there for the property owners to go residential, commercial or office with a general commercial designation. Mr. Plummer: But, that's not to... Mayor Suarez: Well, I would like to do this, Joe. We're not opening up for any particular property owner who disagrees and send all of that up to Tallahassee. But I don't see why we can't send these particular remarks, preserved for the record as to that particular property, or that area bounded as he described with the proposed master plan. Mr. McManus: I'm merely pointing out... 263 July 21, 1988 4 Mayor Suarez: If he thinks that that helps preserve his rights for future action. Mr. McManus: Mr. Mayor, I'm merely pointing out, Mr. Percy's remarks are not directed at any proposed planning department changes. He's merely trying to get one leg up on a future zoning change. Mayor Suarez: Well, but I mean, you know, he wants to send up, you know, his - he wants to preserve his, let's say, I don't want to call it objection - it is an objection, I suppose, and I don't see any problem with sending that up. Mr. Maxwell: Mr. Mayor. Mr. Helfman: Mr. Mayor, can we deal with one at a time? Mr. Plummer: Well, what I guess he's saying is, Mr. Percy's remarks do not relate to this which in any way. Mr. McManus: Correct. Mr. Percy (OFF MIKE): The principle is the same, Commissioner. Mr. Plummer: No, no, no. What he is saying is, that there were no proposed changes there... UNIDENTIFIED SPEAKER: Correct. Mr. Plummer: ... and that what your remarks were referring to has no relation to this here at all. Mr. Helfman: That's correct. Our property that we're addressing has a proposed change. We're suggesting that it's not the... Mr. Plummer: It's proposed by you. Mr. Helfman: No, no, no, the planning department has proposed the change. Mr. Plummer: We're rejecting that. Mayor Suarez: Please, we have quiet in the chambers. Mr. Helfman: We're suggesting that it should be different than what they're proposing. Mr. Plummer: But we have rejected everyone of them this evening. Mr. Helfman: That's not true. Mr. Plummer: And we have said, status quo. And they're proposing... Mayor Suarez: As well as we could ascertain what the status quo was, that's what we tried to do. Mr. Helfman: The basic problem with that is if you send a status quo plan to DCA, you're going to get it back so fast you're not going to know hit you. This is a future land use amendment, it's not a status quo land use amendment. Under 9J5, the rules adopted by DCA, you have to establish a future land use amendment. You can't just say, we're not going to change and we're staying status quo. They're going to send that thing back to you. Mayor Suarez: Well, in the City of Miami, that's generally what we want to do. Mr. Helfman: That may be what you want to do but that's... Mayor Suarez: In fact, 98 percent of the cases, we don't want to change. Mr. Helfman: You're going to get your plan back and say, give us the future of your City. Mayor Suarez: I don't... 264 July 21, 1988 4 Mr. Helfman: Not what the status quo is. That's what this is, it has a date on it, 2010. Mayor Suarez: We're going to tell them the future of our City's indeterminate at this point, that's what I want to tell them. OK, unless we have a motion... Mr. Dawkins: Is that right, Joe? Mr. Maxwell: I... Mr. Helfman (OFF MIKE): Of course it is. Mr. Maxwell: Mr. Dawkins, Mr. Mayor, members of the Commission, essentially that is correct and I want to comment on - a couple of comments have been made concerning the legal opinion that we rendered to the Commission. Mr. Plummer: Wait a minute. Joe, please. Hey, there's no extra charge for seats. There's no need to come up here and give me claustrophobia. Now, would you all please - we have chairs, sit down, please. Now I can hear you, sir, isn't it amazing. Mr. Dawkins: Why you want until 9:00 o'clock to get nervous? Mr. Plummer: Because they didn't gather up here like bees in a hive until then. Mr. Dawkins: OK, go ahead, Mr. Maxwell. Mr. Maxwell: Several times a legal opinion that we rendered to the Commission has been referenced regarding changes that can be made subsequent to transmission to the department of community affairs and I think that there's been some distortion, probably unintentional distortion, but distortion just the same in the degree of changes that can be made. In the legal opinion we indicated that though you can make change, you cannot substantially change the plan to the extent that it's different from that plan that was transmitted to DCA. In secretary Pelham's letter that was attached, appended to the opinion, he says substantially the same thing, that they have a right to expect that the plan that is being transmitted is the plan that is anticipated to be adopted on second reading by the Commission. Secondly, the local planning agency for the City is a planning advisory board. If you amend your plan to the point where it is different, substantially different than that that they made recommendations on, you legally are going to have to send it back to them which will delay adoption of the plan even more. So, I would not recommend to you that you anticipate making a lot of changes on this plan subsequent to transmission because it will subject the plan to possible attack by DCA, south Florida planning, the representatives of which are here tonight observing us tonight, have to review the plan as well so they know that these changes will be coming. Mr. Dawkins: Mr. Maxwell. Mr. Maxwell: Yes, sir. Mr. Dawkins: My question, I guess I didn't say it right - is the recommendation for no change a valid recommendation? Mayor Suarez: Sure. Mr. Maxwell: A recommendation from the Commission? Mr. Dawkins: Yes. Mr. Maxwell: Yes, sir, if that's the will of the Commission. Mr. Dawkins: Thank you, well that's all I need to know. Mayor Suarez: OK, we don't have any motion on your item at this particular point. Joe, anything else? Mr. McManus: No, sir. 265 July 21, 1988 Mayor Suarez: Behind you, sir. Mr. Bernard Burn: Not for this particular thing but I've waited six hours. I'd like to get two minutes in. Mayor Suarez: On what item, sir? Mr. Burn: I was told to come back today. I was here, sir... Mayor Suarez: What's your item, sir? Mr. Burn: I wanted to get - I want to know if this is legal. They're trying to make me get another zoning hearing and I paid for this one. I did everything that was required. Mayor Suarez: I'm sorry, is your item on the agenda, sir? Mr. Dawkins: Just a minute. No, this is the gentleman who came - where is the somebody in there? This gentleman came down here for three years he's been going through this and... Mr. Burn: Ten years. Mr. Dawkins: ... this Commission ordered the department to solve his problem. Now, what's the problem? Mr. Burn: I just - here's what they're doing to me. They're trying to get me to make a new application, file a new application. I won't qualify for a new application. I've qualified for this application. Mr. Dawkins: And they took your money, right? Mr. Burn: They still have my money. Mr. Dawkins: All right, so can somebody tell me why we have not solved this over there? Mr. Burn: I just want to have... Mr. Dawkins: No, let somebody - that's OK, let somebody from staff tell us... Mayor Suarez: Let's see if we can figure out from staff what this is about. I remember hearing about it but not the details, that's for sure. Mr. McManus: In your agenda package, we have specifically noted the gentleman's parcel, we've recommended no change on his parcel on the comprehensive plan. Recall the references made to have the planning department study the gentleman's property. We've now made that recommendation. If the hearing board's office believes that his application is still valid, it reverts back to the zoning board for hearing. Mr. Dawkins: But this Commission said that it thought it was valid because he had it for three years and nobody did nothing. Mr. McManus: Yes, sir. Mr. Burn (OFF MIKE): Ten years. Mr. Dawkins: Ten years. I mean, you know, this, I mean - and then he waits back here three months later on the ten years and nothing has happened. Can somebody... Mayor Suarez: Can you give us a suggestion on a motion to make that will solve his particular problem, assuming the Commission feels that we ought to do that and that it makes sense. Mr. Dawkins: Again... Mr. Rodriguez: Let me see if we can find a solution. Mayor Suarez: No, to go ahead and do it. 266 July 21, 1988 Mr. Rodriguez: What happened with this gentleman from what I've been told by the person in building and zoning administrator office, is that he joined with another applicant for a change of zoning. The other person that joined him in the application is not joining him any more. He cannot apply for it. That's the reason why he cannot do it legally. One way that you can handle it today might be if you were to agree with him is to consider the change of zoning or the change of land use that will help him in his zoning predicament. We're not recommending that though. Mayor Suarez: I understand you're not recommending it but we apparently seem disposed to go along with it. What would be the change of land use that's required to solve his problem? Mr. Burn: C-4 is what it was. Mayor Suarez: No, no, no, land use. Mr. Plummer: Where is the location of... Mr. Burn: 2838 N.W. 22nd Avenue. It's on the same block that ten other stores are on. I'm right next door to other businesses. I'm the only one on the block that' not being allowed to go into business. There's a park... Mr. Rodriguez: Well, you gave me some Mayor Suarez: OK, if you can define the area, if... wait. If you can define the area for us, Joe, I will entertain a motion to change the proposed land use accordingly. Mr. Plummer: How big is his parcel alone? Mr. Burn: One hundred and twenty feet by one hundred and twenty five feet. Mr. Plummer: Alone, without the other party. Mr. Burn: Right. Mr. Rodriguez: Would you like to see it in the map? Mr. Guillermo Olmedillo: Mr. Mayor, Commissioners, the property that he has is almost abutting CR-1/7 which will be classified under general commercial now. So he couldn't go to liberal commercial but general commercial. So if, as he was suggested... Mayor Suarez: Can we extend the boundary to include his property? Mr. Olmedillo: Right. It will include somebody else who is not here today but it's between the CR-1/7 and his particular property. Mr. Plummer: Yes, well what happens to that person's appraisal? Mr. Olmedillo: It will go up. Mr. Plummer: If that person doesn't want it, he has the right to speak. Mr. Olmedillo: Presently there's a parking lot there which serves the CR-1 property which is just south of it. Mr. Plummer: The point of it is, when you change to the higher classification, his assessment is going to go up and maybe that's the reason he withdrew from the application. Mr. Olmedillo: Will be affected, will be affected. Mr. Burn (OFF MIKE): No, the reason... Mr. Plummer: I don't know, sir. Mr. Burn: All right, I'll tell you the reason why they withdrew. The City Commission said they were going to make us a study, ordered the planning department to make a study. In a hundred and eighty days they would make a 267 July 21, 1988 study. I come back 180 days, they said it hadn't been completed. It would take another 180 days. They have been dragging their feet, nobody has made a study until the man sold his property, he got disgusted and he sold his property. The new people got what they want. They got provisional parking for their shopping center. I abut their provisional parking. Mr. Rodriguez: Could you... Mayor Suarez: Why don't we try, with the understanding that if the person comes in and objects, we're going to have to review it anyhow. Mr. Rodriguez: Could you instruct the planning department to do a land use study designation and come back before you and then we can recommend for or against it and you can decide what to do with that property afterwards. Mr. Dawkins: At the September meeting. Mr. Plummer: So move. Mr. Dawkins: Second. Mr. Burn: The other people aren't going to object, they just didn't want to get involved since they've got what they want. Mr. Dawkins: Second. Mayor Suarez: Please, sir, moved and second. Call the roll. Madam City Clerk, call the roll please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-730 A MOTION INSTRUCTING THE PLANNING DEPARTMENT TO DO A LAND USE DESIGNATION STUDY FOR 2838 N.W. 22 AVENUE' FURTHER INSTRUCTING THE ADMINISTRATION TO COME BACK TO THE COMMISSION WITH ITS RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 70. ACCEPT THE BID OF MCM CORPORATION FOR RENOVATION OF MANUEL ARTIME COMMUNITY CENTER (SEE LABEL 29). Mr. Dawkins: Now, I move again the Artime Center. Now, I moved this and we didn't have roll call and this is about the third time today we moved something and we didn't have a roll call. Ms. Hirai: We did not have a motion, Mr. Dawkins, I'm sorry. It was tabled without a motion. Mr. Dawkins: But you have to stop us, darling, and make us call the roll. Ms. Hirai: There was no motion, sir, it was tabled at the time. Mr. Dawkins: OK. 268 July 21, 1988 At Mayor Suarez: OK, you've got a motion. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Second. Mr. Plummer: Wait, wait, wait, wait. What's the motion? Ms. Hirai: What is the motion? Mrs. Kennedy: To accept the bids, right? Mr. Dawkins: OK, the... Mr. Plummer: I haven't seen them. Mr. Dawkins: You don't have to see them. They have $600,000 that was given by the state and they have let out - they got bids ready to go and they're waiting and the Manager approved them yesterday and the only way they can start to expend the money is that we pass a motion today for them to start spending the money... Mr. Plummer: But how do I know that they're spending the money wisely? Mr. Dawkins: Because your department is the one who drew up the plans and the one who are doing the work. Call the roll. If it's defeated, it's defeated, but let's go home. Mayor Suarez: We have a motion and a second. Any discussion from the Commission? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-731 A RESOLUTION ACCEPTING THE BID OF MCM CORPORATION, IN THE PROPOSED AMOUNT OF $251,400.00, FOR "MANUEL ARTIME COMMUNITY CENTER" - 2ND BIDDING:, WITH MONIES THEREFOR ALLOCATED FROM THE "RENOVATION OF MANUEL ARTIME COMMUNITY CENTER" ACCOUNT, CIP PROJECT NO. 333083, IN THE AMOUNT OF $251,400.00 TO COVER THE CONTRACT COST; APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT A PROTEST RECEIVED IN CONNECTION WITH SAID BID; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer (OFF AND ON MIKE): Is this an agenda item? You know, I'm just saying here that I have not had time to go through this and to rush this thing through for six hun... what is it, $300,000? Mr. Dawkins: Six hundred. Mr. Plummer: For $600,000... 269 July 21, 1988 1b Mrs. Kennedy: $251,400. Mr. Plummer: I sure would feel touch more comfortable to handle it as... Mayor Suarez: This was on the agenda on the 14th, wasn't it? Mr. Dawkins (OFF MIKE): Yes. Mrs. Kennedy: Right. Mayor Suarez: With complete backup and... Mr. Plummer: But we didn't have the bidding package, that's what I'm saying. I don't know what the bid contains. I mean, I'm looking at here a whole bunch of numbers and I don't know whether I agree or disagree with them. Mayor Suarez: You can vote no, I mean, it's... Mr. Plummer: Yes, but I don't want to look like a, you know... Mayor Suarez: A heel. Mr. Plummer: It might be a good deal and I'd want to vote yes. Mayor Suarez: Vote yes. Mr. Dawkins: Well one thing I know, you can't abstain. Mayor Suarez: Well, he could. He could... Mr. Plummer: Let me ask this question right quickly, who is MCM Corporation? Huh? Mrs. Kennedy: The three principals listed here are Jorge Munilla, Juan Munilla and Raul Munilla. Mr. Plummer: Who are they? I mean, I don't know anything about them. Are they... Mrs. Kennedy: I don't know them. Mr. Plummer: Yes, the Munilla brothers... UNIDENTIFIED SPEAKER (OFF MIKE): ... Sweetwater. Mr. Plummer: From what? UNIDENTIFIED SPEAKER (OFF MIKE): Sweetwater. Mr. Plummer: Sweetwater, Texas? I don't know a thing about this corporation. Mrs. Kennedy: What experience do they have? Mr. Plummer: Have they got any... Mr. Jim Kay: They've met all the requirements... Mr. Plummer: What? Mr. Kay: They have met all the requirements that we - all of our requirements for bidding. Mayor Suarez: They'll post a bond? Mr. Kay: Post bond and... Mayor Suarez: For the amount plus whatever the percentage is? Mr. Kay: That's correct. 270 July 21, 1988 Mayor Suarez: Do you want to do it subject to having them thoroughly checked in the usual way by staff? Mr. Kay: They've been thoroughly checked at this point. Mayor Suarez: They have been? Except we don't know who they are. Mr. Kay: They're a contracting firm called MCM. Mr. Plummer: Mr. Mayor, what I would like to do, if it's with your accord is to vote yes with subject of 72 hour review. I think it's only fair that each of us have the right to... Mayor Suarez: That's fine, he accepted the amendment. Does the second accept the amendment? Call the roll. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: It's actually a complete new roll call because there was an amendment, Madam City Clerk. Mrs. Kennedy: Mr. Mayor, on the previous item on S.W. 8th Street between 30th and... Mr. Dawkins: Hold it, the Mayor told, the Mayor told her to call the roll again. Mrs. Kennedy: Oh, OK. NOTE FOR THE RECORD: AT THIS POINT, THE CITY CLERK CALLS THE ROLL AGAIN ON THE AMENDED MOTION. 71. PROPOSED MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 - CONTINUED DISCUSSION (SEE LABELS 69 AND 77). ------------------------------------------------------------------------------ Mayor Suarez: OK, Madam Vice Mayor. Mrs. Kennedy: On that S.W. 8th Street between 30... Mrs. Kennedy: I'll move to change the designation to general commercial. Mr. Plummer: On what? Mr. De Yurre: On the 8th Street property. Mrs. Kennedy: On the 8th Street between S.W. 30th and 31st. Mr. Plummer: So you're going to take one issue out of the whole entire category and make a change. That's not going to be, in my estimation, is not going to be defendable. Now, if you want to go and you want to open up Pandora's box, that's what you're doing because I was going to vote with the Mayor and making one clean swoop of leaving everything status quo. That's been the consensus. Mayor Suarez: Well, what we're going to have to do on the rest, I think, is to approve the proposed land use plan. Mr. Plummer: Well... Mayor Suarez: And the global motion. Mr. Helfman: To do that, you're going to leave this thing as a trailer park and I don't think you want to do that. Mr. Plummer: I don't know what I want to do with it but I'm not going to be rushed into it tonight. Now, it's not your fault and it's not my fault. 271 July 21, 1988 Mayor Suarez: Does it make any sense - let me as ask - does it make any sense to propose a study as we did for the item for the gentleman who's... just that little property? Does that give them an opportunity to... Mr. Plummer: You mean for the trailer park? Mayor Suarez: Yes. Mr. McManus: Mr. Mayor, you... Mr. Plummer: You see, the problem is in a trailer park, you're dealing with a hell of a lot of residential people. Mayor Suarez: Yes, we're not approving anything. I'm just saying that, does It make any sense as to that property to propose a study or are we just repeating what we've just done? Mr. McManus: Well, you could always instruct us to do a study and have it ready by the time it comes back for your first reading in December. Mr. Plummer: That's fine, that's fine. Mrs. Kennedy (OFF MIKE): All right. Withdraw my motion. Mr. De Yurre: How's that going to affect this situation then? Mr. Plummer: We'll be able to deal with it in December. Mr. Helfman: Again, the problem is, is that we may not be able to amend this plan. You can always go back if you want to reduce the designation, if you want to roll it back from certain boundaries. But if we don't secure it now, there's no guarantee that we're going to be able to do this. Mr. Plummer: That argument holds true for every one here this evening asking for change. Mr. Helfman: And that's why they're here; to try to preserve those rights. Mr. Rodriguez: They can always file for an application to amend the plan. Mayor Suarez: Does it help them to have a simultaneous proposal that the particular area in question be studied as we're considering doing? Mr. Helfman (OFF MIKE): That, it does nothing. Mr. Rodriguez: I think that if you were to use instructions to have in the plan what we have and then come back in December with a study that will report back to you and you can make a decision at that time for a final resolution of the project. Mr. De Yurre: Well, just for the record, I'm seconding Rosario's motion. Mayor Suarez: OK, we have a motion and a second then on the - well, what is this, the land use... Mr. Plummer: The motion she just withdrew? Mayor Suarez: Oh, did you withdraw it? Mrs. Kennedy: Well, if I have a second, no, I will restate it. Mayor Suarez: Restate the motion and we have a second. Any further discussion? Call the roll. Mr. Plummer: To change that one particular area. Mrs. Kennedy: To change it to general commercial. Mr. Maxwell: Mr. Mayor, you've gone on the record in saying that your attention tonight is to maintain the status quo. Mr. Plummer: That's what I understood. 272 July 21, 1988 Mayor Suarez: I understand, I understand. Mr. Maxwell: You're acting inconsistent with that now. Mayor Suarez: Or except as to your recommendations and, you know, as to the rest of the City. On the items that we have taken, yes, to preserve the status quo. Mr. Plummer: Consistently inconsistent. Mr. Maxwell: Earlier I posed a question as to whether or not you intended to keep the plan as it exists right now and I think that question's answer was yes, that was the intention. And all of your actions from that point supported that position. Mayor Suarez: Well, on the items that we've had community input and neighborhood input and property owner input, we wanted to preserve the status quo because that's what all wanted. As to the rest of the plan, I think we ought to pass on the rest of the plan as being proposed by... Mr. Dawkins (OFF MIKE): What's your professional advice? Mr. Maxwell: Well, it places us in a tenuous position if you act inconsistently because if it comes down to interpreting what your intentions were... Mr. Dawkins: What's your professional advice? Mayor Suarez: Well, wait, you told us a few minutes ago that if we don't... Mr. Dawkins (OFF MIKE): What's your professional advice? Mayor Suarez: ... that if you don't propose a future land use, we're not doing anything. Mr. Dawkins (OFF MIKE): What's your professional advice, sir, yes or no? Mr. Maxwell: My advice to the board is that you act consistently. Mr. Plummer: Exactly. Mr. Helfman: Yes, but they haven't because they... Mr. Dawkins (OFF MIKE): Let's go. Mayor Suarez: No, no, wait, we're not into your item. We're considering the whole... see, we're not even at that motion at this point. OK, we have a motion and a second on this particular property. Any further discussion? Call the roll. ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY COMMISSIONER DE YURRE, THE ABOVE ITEM FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Vice Mayor Rosario Kennedy NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I'd love to vote yes but I have to follow the advice of the attorney, I have to vote no. Mr. Helfman (OFF MIKE): It's the wrong advice. 273 July 21, 1988 i e Mayor Suarez: Can't do it, no. COMMENTS MADE. rOLLOWING ROLL CALL: Mayor Suarez: OK, now as to the rest of the City... Mr. Percy: Mr. Mayor... Mr. Dawkins: I move the guts item and I'm going home. Mayor Suarez: OK, on the guts item... Mr. Plummer: Wait, wait, we're not finished with this. Mr. Percy: Mr. Mayor... Mrs. Kennedy (OFF MIKE): We're not finished... Mr. Plummer: No, we're not finished with this. Mr. Dawkins (OFF MIKE): We're not? Mr. Plummer: No. Mr. Percy: There's an inconsistency, Mr. Mayor, for my... Mr. Plummer: I want to make sure, excuse me, Percy. I want to make sure that that which is transmitted to the state is all that is required and that no options are included. Now, I think we had an agreement on that before, that anything else would be a local policy which we would retain control over. Mayor Suarez: You're talking about minimum requirements. Mr. Plummer: No, sir, I'm talking about the historical, I'm talking about the other areas that we spoke about earlier in the evening. Mr. Rodriguez: I think Commissioner Plummer mentioned that we will submit only to DCA on those items which are required elements of the comprehensive plan. Mr. Plummer: I so move. Mr. Rodriguez: There are some requirements - OK... Mr. Helfman (OFF MIKE): And to say somebody else should be in status quo. Mr. Percy (OFF MIKE): Right. Mr. Plummer: I so move.... Mr. Dawkins (OFF MIKE): Second. Mr. Plummer: ... that this City only forward to the state that which is required. Mayor Suarez: OK, now, don't we want to go ahead and build into that motion the recommendations as to the comprehensive plan? Mr. Percy: It wouldn't be consistent, Mr. Mayor. Mr. Plummer: No, I'm only speaking to the options. Mr. Percy: It wouldn't be consistent. If you take the planning department's recommendations tonight, you're not maintaining the status quo. What you're doing is you're ignoring the property owners.... Mr. Plummer: No, no, no, they... no, no absolutely not. Mayor Suarez: We're not even into that right now. We're just... Mr. Plummer: They are, Percy, putting in options that are not status quo. 274 July 21, 1988 Mayor Suarez: There's other recommendations are going up with the plan and he wants to make sure those are excluded. OK, we have a motion and a second on that. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-732 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO TRANSMIT TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ONLY THOSE ELEMENTS OF THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN WHICH ARE REQUIRED BY LAW. (NOTE: The content and essence of this motion together with Motions 724, 725, 726, 727, 728, 729, 733, 734, 735, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: OK, now, what do we do with the rest of the City as to this proposed land use plan? Mr. McManus: We do have the municipal justice building. The options there, the planning department had recommended a change to office. The Spring Gardens group had recommended a change to general commercial. Mayor Suarez: How come they're not here? Mr. McManus: They were. The lady was staying five hours and she had to leave. I said I would... Mayor Suarez: OK, what does the Commission want to do with that one? Mr. Plummer: Well, I don't know what option we have if we're going to stay status quo and be inconsistent. Mr. Percy: How can you take the blanket a hundred and odd planning recommendations and maintain the status quo? That's inconsistent. Mayor Suarez: We're not doing that just yet, Terry. We're only dealing with one other neighborhood. Mr. Percy: OK. Then we're going to scrap that the rest of the way. If we aren't going to do anything else tonight relative to the individual proposals for changes, then those pending changes - the bunch of changes that Mr. Rodriguez has shouldn't and couldn't be considered tonight. If we're consistent with the theme. Mr. Plummer: We are not considering his proposed changes. Mayor Suarez: No, this area is one that the City has been trying to change the... Mr. Plummer: Well, we are not precluded... Mr. Dawkins (OFF MIKE): The City has been trying... Mayor Suarez: ... because it belongs to us. 275 July 21, 1988 Mr. Plummer: We are not precluded from having that as an individual application and amending the thing, are we? Mr. McManus: That's correct. Mr. Plummer: Well, so then we just stay consistent. Mayor Suarez: What would be the proposed land use if we stay basically with the status quo as to that property? Mr. McManus: The land use designation is currently government because it's under our... Mayor Suarez: Uh huh, so there's really no applicable one. Mr. Rodriguez: It's a mistake. Mr. McManus: So what we'd like to do is either change it to general commercial or office. If we stay status quo, we'd send it up as government use. Mayor Suarez: The neighborhood wants general commercial? Mr. McManus: General commercial. Mrs. Kennedy: Well, the highest.... Mr. Plummer (OFF MIKE): We can also handle that in a separate application as an amendment. Mrs. Kennedy: Yes. Because the highest return for the City would probably be retail and office. Mr. Plummer (OFF MIKE): No question. Mayor Suarez: It's just that what he's saying is that the existing classification is governmental so it really doesn't' fit into any so we've got to make up our minds which one we want to recommend. Mr. Plummer: Mr. Mayor, I want to change it but I think to stay consistent is what we're asking. And we can always handle it... Mayor Suarez: So what do you want to do, you want to create a whole new land use classification. Is that... Mr. Rodriguez: My concern is that if you leave it as it is, government use, that if you were to offer this for an RFP, it can open the door to possible uses that we might not want in that area like a jail, for example. So I believe that you should consider one of the options that we have recommended to you before which is office, general commercial. We gave you a menu of four different options. Mayor Suarez: Can't we do all three of them so we still have the decision to come back and can't we say that it could be any of those three? Mr. Maxwell: Mr. Mayor, you have the - even if you remain consistent tonight, this comes back to you on first reading. Mr. Plummer (OFF MIKE): Right. Mr. Maxwell: You can make the changes at that time. Mayor Suarez: I know, but I'm just saying couldn't we, since we have to go from government to something or other, couldn't we go ahead and include all three... Mr. Plummer: When is second reading? Mr. Rodriguez: First reading will be - second reading will be in January, first reading in December. Mayor Suarez: Couldn't we just include all three descriptions, Joe? 276 July 21, 1988 Mr. McManus: I wouldn't advise it. I think DCA is looking for a plan, a course of action. Mr. Rodriguez: One recommendation. Mr. Plummer: Can we amend it before second reading? Mr. Rodriguez: You can amend it before first reading. Mr. McManus: Yes. Mrs. Kennedy: Yes, they have 90 days, we have 60 days, they have 45 days... Mr. Plummer (OFF MIKE): But can we amend it before second... Mr. McManus: Yes, sir. Yes, sir. Mr. Maxwell: Yes, you can. Mr. McManus: It doesn't come back here until the first part of December and we're visualizing first reading of an ordinance in the second commission meeting in December. Mr. Plummer: Can we change the zoning prior to that? Mr. Maxwell: Not the zoning. Mr. McManus: Well, the land use designation if... Mayor Suarez: OK, I gave one alternative that would have worked. The only other one then that's left is just to leave it governmental for the moment. Mr. Rodriguez: If you do that, you shouldn't offer this for an RFP at this point. Mayor Suarez: I still think the best thing with that property is to sell it with its present classification. Just sell it, but anyhow... Mr. Plummer: The problem is if we sell it, the county has the right of first option. Mrs. Kennedy (OFF MIKE): That's right. Mayor Suarez: Fine with me. Mr. Plummer: No, then they'll build a jail. Mrs. Kennedy: Then they'll have a jail. Mayor Suarez: Fine with me, they can but it, build whatever they think they can get away with building there. Mr. Plummer: No, no, no, no. Mayor Suarez: Anyhow, what are you proposing? Mr. Dawkins (OFF MIKE): You don't have my vote on that, no. Mayor Suarez: I don't have your vote on anything right now because I don't have any proposal on here. What do you want to do? What does the Commission want to do? Mr. Dawkins (OFF MIKE): ... I just wanted you to know before you make a proposal that you're.... Mayor Suarez: I'm not making that, I'm not making that. Mr. Dawkins (OFF MIKE): OK, no problem. Mr. Rodriguez: We're recommending general commercial for that property. 277 July 21, 1988 e Mayor Suarez: And the neighbors want? Mrs. Kennedy: The neighbors want it, right? Well... Mr. McManus: General commercial. Mr. Rodriguez: General commercial. Mr. McManus: Yes. Mr. Rodriguez: General commercial. Mayor Suarez: I'll entertain a motion to make it general commercial. Mrs. Kennedy: That's what they want, I'll so move. Mayor Suarez: Moved, do we have a second? Mrs. Kennedy: That's the recommendation from the City too. Mr. De Yurre (OFF MIKE): What are we limiting to, a supermarket? What can we build there? Mayor Suarez: General commercial is the classification which would be - yes, you can build a supermarket, right? Mr. De Yurre (OFF MIKE): How about an office building? Mayor Suarez: Can you build an office building? Mr. Percy (OFF MIKE): Yes. Mr. Dawkins (OFF MIKE): Yes. Mr. Rodriguez: Yes. Mr. McManus: Build everything, it's flexible. Mr. Rodriguez: not sure. Yes? Mr. McManus: Yes. Mayor Suarez: OK, we have a motion. Do we have a second? Mr. Dawkins (OFF MIKE): Yes, second. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-733 A MOTION SELECTING GENERAL COMMERCIAL LAND USE DESIGNATION IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE MUNICIPAL JUSTICE BUILDING SITE AT N.W. 12 AVENUE AND 11 STREET. (NOTE: The content and essence of this motion together with motions 724, 725, 726, 727, 728, 729, 732, 734, 735, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. 278 July 21, 1988 i COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: Can we build an office, yes or no? Mr. Rodriguez: We can build an office, right? Yes. Mr. Plummer: To stay consistent, I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Rodriguez: To clarify for the record for the Clerk's office, we're discussing the municipal justice building property. Mayor Suarez: Right. OK. Mr. McManus: Mr. Mayor, the planning advisory board had listened to a property owner out here in Flagami at S.W. 8th Street, Tamiami Canal Road, and basically the planning advisory board had recommended essentially status quo. I'm just repeating that for your information. Mr. Plummer: Is it in order at this time that all the remaining stay status quo? Is that motion in order? Mr. Rodriguez: From a planning point of view? Mr. Plummer: From a - what's acceptable to DCA. Mr. Rodriguez: I think it would be a mistake if you were to do that. I think that if you want to hear a recommendation, you have acted in those cases in which you are not supporting the recommendation from the planning department. I think that this point, you should transmit the plan with all the exceptions you have made already, and not only those things which are required with recommendations from the planning department, otherwise, and then reserve your right in the first reading and second reading to make any changes as you so desire. Mayor Suarez: Otherwise, it's not a proposed land use plan. Mr. Percy: The basic problem with that, Mr. Mayor, is that you're not hearing any changes proposed by the public in the planning department's changes doesn't reflect that. We'd like to amend the planning department's report to include other parts thats excluded. Mayor Suarez: Which one? Mr. Plummer (OFF MIKE): We've already heard from you, Jerry. Mayor Suarez: Which one? I asked you which one and you just gave me a very general description. Mr. Percy: The property immediately north of the proposed Camillus House hotel, N.W. 5th Street bounded by 3rd Avenue to 8th Street and one block over to N.W. 4th Avenue. Mayor Suarez: OK, and that, once again, is being recommended for what? Mr. Percy: It's no recommendation whatsoever, it's presently residential. Mr. McManus: We have no recommendation for change. What Mr... Mr. Percy: But it's a great idea Joseph. Mayor Suarez: No, I don't mean that. I mean, what's the land use plan proposed for it? Mr. McManus: Mr. Percy is trying to get one leg up on his zoning change. Mayor Suarez: What is the land use plan classification proposed for it? Mr. Plummer: It stays as it is. 279 July 21, 1988 0 Mr. Percy: Residential. Mr. McManus: It's residential. Mr. Percy: Residential is that area, Mr. Mayor, with the current development doesn't make any sense at all. It's astonishing that this was omitted. It abuts the exit to I-95, the commercial traffic to the Port of Miami and to Bayside. There's a proposed hotel for the homeless right across the street. There's a City parking garage on lot right next door and it's residential; public housing to the west, it cries out for some relief. Mayor Suarez: We have consistently refused to change anything except... Mr. Percy: And if you take the planning department's recommendation and exclude this... Mayor Suarez: ... to preserve the status quo where the planning department was not recommending that. That's the only thing we've done today so if we're going to be consistent, that's what we'd have to do in this case. Mr. Percy: And then, Mr. Mayor, the problem is that to ignore the planning department's recommendation is going to leave the planning department in a quandary with developments that's already underway. So what we have is a true dilemma, you can't exclude the public amendments and accept those proposed by the planning department to give them the relief they need within the time frame that you have left to deal with this. Mr. Rodriguez: Mr. Mayor, may... solution... Mr. Percy: We don't have any opposition. Mr. Rodriguez: May I suggest that you accept the recommendation from the planning department and instruct the planning department to study the particular area and come back to you in December with a recommendation for that particular area before your adoption of this first reading. Mayor Suarez: As to that, I will entertain a motion as to that particular property. Mrs. Kennedy: I so move. Mayor Suarez: Accept the planning department's recommendation but recommend a study and referral back to the Commission. Hopefully, that'll give you a leg up on what you're proposing, Terry. Mr. Percy: Thank you. Mayor Suarez: Do we have a second on that? Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-734 A MOTION ACCEPTING THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND INSTRUCTING THE PLANNING DEPARTMENT TO DO A LAND USE DESIGNATION STUDY OF AREA BOUNDED BY N.W. 3 AND 5 AVENUE BETWEEN N.W. 5 AND 8 STREETS; FURTHER DIRECTING THE ADMINISTRATION TO REPORT BACK TO THE COMMISSION IN DECEMBER WITH ITS RECOMMENDATIONS. (NOTE: The content and essence of this motion togethr with motions 724, 725, 726, 727, 728, 729, 732, 733, 735, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 280 July 21, 1988 f AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins (OFF MIKE): Now are we going to be consistent? Mayor Suarez: We're basically accepting the planning department's recommendation but allowing a study of the area. Mr. Dawkins (OFF AND ON MIKE): I agree with Mr. Percy and I also want to know what's going to happen to the Camillus House, OK? Mr. Plummer: Yes, but what they're saying here is recommending a study. It is not going to be forwarded with the comprehensive plan. Mr. Dawkins: OK, yes, yes, yes, yes, yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: As to the rest of the City, Mr. Planning Director. Mr. Rodriguez: Was one left in which there was a position by the public in the meeting of the planning advisory board which is the one that Mr. McManus mentioned to you. Mayor Suarez: McManus, you were talking about way out at the tip of Flagami there? They wanted to retain the existing use. Mr. McManus: Pretty much change the recommendation to office from single family residential, not to commercial, and to otherwise leave the area single family residential. Mr. Plummer: What do the residents want? Mayor Suarez: That's what they wanted, that's what he's saying. Mr. McManus: That was what they wanted. Mrs. Kennedy (OFF MIKE): Can you state the address, please? Mr. McManus: That would be approximately 78th and S.W. 8th Street. Mr. Plummer: No. Seventy-eighth would put it west of the expressway. Mr. Rodriguez: Right. Mr. McManus: Seventy-fifth? Mr. Plummer: More like 74. Mr. McManus: Seventy-fourth. Mr. Rodriguez: Going... one second. Mr. Plummer: Palmetto's 77th so it's east of that, where the Italian restaurant is, the bait store. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Huh? Yes. All of the trouble spots. Mrs. Kennedy (OFF MIKE): Now I know what you're talking about. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 281 July 21, 1988 0 0 Mr. Plummer: Yes. Mayor Suarez: Just give us a description of the area, please. Mr. Rodriguez: I believe it is in the area close to Tamiami Canal Road and Flagami Boulevard and Tamiami Boulevard and S.W. 73rd Ct. and 8th Street in the general vicinity. Mr. Plummer (OFF MIKE): 74th Avenue. Mayor Suarez: I'll entertain a motion to maintain the classification as requested by the neighbors. Mr. De Yurre: Moved. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-735 A MOTION TO RETAIN SINGLE FAMILY RESIDENTIAL LAND USE DESIGNATION IN THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN FOR THE FLAGAMI AREA OF S.W. 8 STREET AND TAMIAMI CANAL ROAD. (NOTE: The content and essence of this motion together with motions 724, 725, 726, 727, 728, 729, 732, 733, 734, 741 were embodied in Resolution 88-736.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS DURING ROLL CALL: Mr. Plummer: I want to know what the neighbors requested. All of that presently is single family? Mr. McManus: I believe the facing properties right along 8th Street are commercial. The planning department had recommended to change to commercial on part of it and the planning advisory board recommended change to office from single family. Other than that... Mr. Plummer: And the neighbors want the office. Mr. McManus: I believe the neighbors would prefer to have it single family, that's what... Mr. Plummer: I guarantee you that. Mr. McManus: And then the remainder of the area would remain single family. Mr. Plummer: I will vote for the motion because the neighbors want it to stay single family and that's what it's going to be. Mayor Suarez: That's what I understood the motion to be. COMMENTS FOLLOWING ROLL CALL: 282 July 21, 1988 i 6 Mayor Suarez: What do we do with the rest of the City, Mr. Planning Director? Mr. Rodriguez: If I may recommend that you take the recommendations from the planning department and that you transmit them to the department of community affairs together with the rest of the comprehensive plan and all the required elements of the plan and as amended by the amendments made by you tonight. Mr. Dawkins (OFF MIKE): So move. Mrs. Kennedy: Second. Mayor Suarez: As amended by the various motions made today. So moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-736 A RESOLUTION MAKING FINDINGS; APPROVING, IN PRINCIPLE, WITH MODIFICATIONS, THE PROPOSED MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 SUBSTANTIALLY IN THE ATTACHED FORM; DIRECTING THE CITY CLERK TO TRANSMIT THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 AND SUPPORT DOCUMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR COMMENT AND TO OTHER INTERESTED GOVERNMENT AGENCIES PER SECTION 163.3184 OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT"; ESTABLISHING FUTURE PUBLIC HEARING DATES ON DECEMBER 22, 1988, (FIRST READING) AND JANUARY 26, 1989, (SECOND READING) OR AS MAY BE CONTINUED, TO CONSIDER AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS DURING ROLL CALL: Mr. Plummer: I'm going to vote yes but I've got to put on the record that something as important to this community as this plan is, this is a hell of a way to run an airline. Let me tell you something, I hope that we understand the consequences of what we're doing here this evening, fully realizing that we have another bite of the apple in December, to rush this plan through for the destiny of this community for the next five years in about an hour and a half, in my estimation, is not being fair. But, yes, in fact, we do have a second bite at the apple and I hope between now and then, we will have the opportunity and the time to go in in more depth into this situation. But I vote yes presently. Mr. Dawkins: But I would like - boarding on what Commissioner Plummer said, I would like to suggest that we have an all day workshop on this and spend a whole day on this item so that we will not have to rush it. Mr. Plummer: I agree. 283 July 21, 1988 ----------------------------------------------------------------------------- -- 72. COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. AND GROVITES UNITED TO SURVIVE, INC. (GUTS) - (CONTINUED DISCUSSION) APPROVE AGREEMENT - FOR DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT (SEE LABEL 41). ------------------------------------------------------------------------------ Mayor Suarez: What other items have to be passed? Guts is one, I know. Mr. Dawkins (OFF MIKE): Move it and I second it. Mayor Suarez: To finish this item? OK, on guts we have a motion and a second. Mr. Plummer: One proviso. Mr. Maxwell: This item. Mr. Plummer: That proviso is that that building which is commonly referred to as the Tiki Club, that at any time there is a reverter clause back to the ownership of the City of Miami. In other words, we own the property. Mr. Frank Castaneda: No, Commissioner. Mr. Plummer: Sir? Mr. Castaneda: We do not own the property. Mr. Plummer: Who owns the property? Mr. Castaneda: Guts. Mr. Plummer: No, no, no, no. Whose money? Mr. Castaneda: It is the City money and on a loan and we have the first mortgage position on that property. Mr. Plummer: But at any time that that is vacated by them, it reverts back to the City of Miami. Mr. Castaneda: Sure, if we foreclose on the property... Mr. Plummer: No, no, no, don't say sure, I want it in writing. Mayor Suarez: No, it doesn't revert back, we just take it back by foreclosure because we have a more... Mr. Castaneda: By foreclosure... Mr. Plummer: No, no, no, no, I'm talking about after the loan is paid back. Mayor Suarez: It's not our property. Mr. Plummer: Excuse me. Mrs. Thelma Gibson: No, no, no. We borrowed the money, Commissioner, it's a loan. You didn't give us the money. Now, if you want to give us some additional monies, fine... Mr. Plummer: No, what I'm say... Ms. Gibson: ... we'll take that and then we'll give it back to you. Give me another quarter of a million dollars and we'll give it back to you. Mr. Plummer: Thelma, what I'm saying, all right...what you're saying then is that you will buy it and then who will be the owners? Ms. Gibson: GUTS. Mr. Plummer: OK, after the loan is paid. 284 July 21, 1988 Ms. Gibson: Right. Mr. Plummer: If the loan is not paid, then the City will own it. Mr. Castaneda: Right. Ms. Gibson: Then it belongs to the City, of course. That was in it from the beginning. Mayor Suarez: Yes, ve foreclose. Mr. Plummer: OK. Mayor Suarez: OK, call the roll. Mr. Plummer: Let me ask one other question, all right? That building is bought by the local development corporation. Ms. Gibson: No, no, no... Mr. Castaneda: No, GUTS. Ms. Gibson: No, no, no, GUTS. Mr. Plummer: GUTS, OK. Mrs. Kennedy (OFF MIKE): GUTS. Mr. Plummer: If that building is eventually sold after the loan is paid off, what happens with the money? Ms. Gibson: There's a provision in the loan that we borrowed from you that 25 percent of any monies that we make will go back into the community. Mr. Plummer: Go back into... Ms. Gibson: Into the community through the local development corporation. Now that was put in there from the very git go. Mr. Plummer: What happens to the other 75 percent? Ms. Gibson: Well, we share it, what do you think? Mr. Castaneda: Profits for GUTS. Mr. Plummer: Huh? Mr. Castaneda: It's profits for GUTS. Ms. Gibson: We share that money between twenty owners... Mr. Plummer: OK. Ms. Gibson: ... and we could have had the project finished if we'd let other people get in but we decided, the City said that we couldn't change so we didn't change. And we're still... Mr. Plummer: How long is the period of the loan? Ms. Gibson: From the time we get started to... Mr. Castaneda: No, the loan right now - once we get a redevelopment plan, we have to renegotiate the loan. They were supposed to have constructed this project sometime ago. Mr. Plummer: But what is the period of the loan? Is it ten years, fifteen years... Mr. Castaneda: I believe it is 15 years if... Ms. Gibson: With a 30 year, 30 year, yeah, balloon. 285 July 21, 1988 Mr. Castaneda: I believe that fifteen ye... it's a 30 year amortization with a 15 year call. if I'm correct. I'm not sure. Mr. Plummer: So in other words, at any time during that period of time, if a foreclosure action comes, then it comes back to the City. Mr. Castaneda: Right, we own the property. Ms. Gibson: Right, now yes, you're right on that. Mr. Dawkins (OFF AND ON MIKE): In fact, right after this, I'm going home... Ms. Hirai: Need a motion, Mr. Mayor. Mayor Suarez: Call the roll. Ms. Hirai: Need a motion. Mayor Suarez: We got a motion and a second. Mr. Dawkins: Yes, yes. Mrs. Kennedy: Second. Ms. Hirai: All right. Mayor Suarez: Moved. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-737 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. AND GROVITES UNITED TO SURVIVE, INC. FOR THE PURPOSE OF PROVIDING DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT OF THE GROVITES UNITED TO SURVIVE, INC. FOR WHICH THE CITY OF MIAMI, HAS AWARDED FIVE HUNDRED THOUSAND DOLLARS ($500,000) PURSUANT TO RESOLUTION NO. 85-190. ' (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: The only other question I have, this is for a planning - what does the agenda say? Mr. Castaneda: We're not giving any money. We're authorizing the - GUTS to contract with the Local Development Corporation... that's what you are doing. You're authorizing them and you're authorizing them out of the loan proceeds to be able to pay up to 10 percent of the development budget to the Local Development Corporation. Mr. Plummer: And then I need to know what are they doing with that money? What is the Local Development Authority doing with that money? 286 July 21, 1988 Mr. David Alexander: That money will be used to support the administrative operations of the LDC, sir. Mr. Plummer: Ten percent is how much? Mr. Castaneda: $30,000. Mr. Alexander: Right now, our development budget looks to be about $350,000, so we're talking $35,000. Mr. Plummer: But what are you going to do for that money? Mr. Alexander: It's general administrative money. What I'm going to do for the money? Mr. Castaneda: No, no, what are you going to do for GUTS is what... Mr. Alexander: Oh, we will be the developers. We'll act as the developers for GUTS. Mr. Plummer: Why does GUTS need a developer? Why can't they do it themselves? Mr. Alexander: The stated reason is that we do have some experience in rehabilitation and that there has to be a point person on call 24 hours a day; we are that person. Ms. Gibson: Mr. Commissioner, let me just say, if you remember, the LDC was the arm that this City decided should develop the corridors of Grand Avenue and Douglas Road. And all we're doing is, see, I've worn out all my shoes over this two year period, and I've burned up a lot of gas and... Mr. Plummer: I vote yes. Mrs. Kennedy (OFF MIKE): OK. Ms. Gibson: ... we're paying them to do the development in the Grove, so we've just decided... Mayor Suarez: Has the roll been called totally? AT THIS POINT, THE ROLL CALL IS COMPLETED. ------------------------------------------------------------------------------ 73. EMERGENCY ORDINANCE: ADOPT PROVISIONS OF METRO-DADE ORDINANCE 57-22 (SOUTH FLORIDA BUILDING CODE ORDINANCE) - PROVIDE THAT THE SOUTH FLORIDA BUILDING CODE BE ENFORCED TOGETHER WITH THE CITY'S BUILDING CODE. (DEMOLITION OF CRACK HOUSES.) ------------------------------------------------------------------------------ Mrs. Kennedy: Mr. Mayor, an emergency ordinance adopting the provisions of Metropolitan Dade County Florida ordinance number 51-32 as amended and as hereafter amended said Dade County ordinance being known as the South Florida Building Code, providing that the South Florida Building Code shall be enforced as a building code of the City of Miami, Florida; containing a severability clause and a repealer provision. Mr. Plummer: What does it do? Mrs. Kennedy: It enables us to demolish the crack houses. Mr. De Yurre (OFF MIKE): Second. Mayor Suarez: Moved and seconded. Mrs. Plummer (OFF MIKE): The right house not the wrong house. Mrs. Kennedy (OFF MIKE): The right, always the right. 287 July 21, 1988 Mr. Dawkins: Under discussion. Mrs. Kennedv: Yes. Mr. Dawkins: Mr. Manager. Mr. Odio (OFF MIKE): Yes. Mr. Dawkins: Have somebody go out to these buildings and those that are structurally sound, find out for me how, instead of pushing them down, we can rehab them and bring up our affordable housing inventory but be sure that we can acquire them at a, you know, a price that would make them affordable. Mrs. Kennedy: We are already studying that possibility, Commissioner, and... Mr. Dawkins: Well, then, why don't you say that? Don't be hiding things from US. Mrs. Kennedy: Because we don't have it yet but we have been working on it. Mayor Suarez: Call the roll. Ms. Hirai: It's an emergency ordinance. Mr. Rodriguez: We'll do that, sir. Mrs. Kennedy: Besides, I'm not a Blues Sister yet. Ms. Hirai: Mr. Mayor, it's an emergency ordinance. We need to read it. Mrs. Kennedy: I just read it. Mr. Plummer (OFF MIKE): She read it. Ms. Hirai: All right. Mayor Suarez: Call the roll. Mrs. Kennedy (OFF MIKE): I thought I was doing so fast and so well. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ADOPTING THE PROVISIONS OF METROPOLITAN DADE COUNTY, FLORIDA, ORDINANCE NO. 57- 22, AS AMENDED, AND AS HEREAFTER AMENDED, SAID DADE COUNTY ORDINANCE BEING KNOWN AS THE SOUTH FLORIDA BUILDING CODE; PROVIDING THAT THE SOUTH FLORIDA BUILDING CODE SHALL BE ENFORCED AS THE BUILDING CODE OF THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND REPEALER PROVISIONS. Was introduced by Commissioner Kennedy and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: 288 July 21, 1988 0 a AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10466. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 74. CITY ELECTIONS - ESTABLISH COMMITTEE TO ASSIST CITY CLERK ON CANVASSING OF ELECTION RESULTS - WITH PROVISOS. Mr. Plummer: Wait a minute, wait a minute, hold on, this has got to come before because our next meeting is on the 8th - something we've been trying to do. A resolution establishing a committee composed of one member of the City Commission and the City Attorney, or his designee, to assist the City Clerk in the canvassing of election results on the night of the election providing that no Commissioners shall be designated who is a candidate for office at the regular election where candidates for the City Commission are being nominated or elected; further designating one member of this Commission to serve on said committee for the election scheduled for September the 6th, 1988. I so move. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Call the roll. Mr. Plummer: Well, you want to designate? I'd like to serve. Mrs. Kennedy: Yes, I designate Commissioner Plummer to serve on that. Mayor Suarez: OK. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: Plenty. I've fought with them all the time. Mrs. Kennedy: Sixteen years. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-738 A RESOLUTION ESTABLISHING A COMMITTEE COMPOSED OF ONE MEMBER OF THE CITY COMMISSION AND THE CITY ATTORNEY, OR HIS DESIGNEE, TO ASSIST THE CITY CLERK IN THE CANVASSING OF ELECTION RESULTS ON THE NIGHT OF THE ELECTION; PROVIDING THAT NO COMMISSIONER SHALL BE SO DESIGNATED WHO IS A CANDIDATE FOR OFFICE AT ANY REGULAR ELECTION WHERE CANDIDATES FOR THE CITY COMMISSION ARE BEING NOMINATED OR ELECTED; FURTHER DESIGNATING COMMISSIONER J.L. PLUMMER, JR. TO SERVE ON SAID COMMITTEE FOR THE ELECTION SCHEDULED FOR SEPTEMBER 6, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 289 July 21, 1988 Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 75. CONSTRUCTION OF NEW PORT BOULEVARD BRIDGE - AUTHORIZE TRIPARTITE AGREEMENT (CITY, DADE COUNTY AND BAYSIDE CENTER LIMITED PARTNERSHIP) FOR CLARIFICATION AND DEFINITION OF EASEMENT RIGHTS RELATIVE TO THE NEW PORT BOULEVARD BRIDGE PARCEL BEING CONVEYED BY THE CITY - AUTHORIZE EXECUTION OF REVISED QUITCLAIM DEED. Mayor Suarez: I understand that the single most important item that we have left is the port bridge. Mr. Rafael Suarez Rivas: Yes. Mr. Rodriguez: Could we... Mayor Suarez: Has everyone in the Commission satisfied themselves on that item? Mr. Dawkins: I will only move the port bridge, the other two I move to defer. Mr. Rivas: The way that the port bridge is being presented to the City has been that Rouse would also like - we're conveying their request because they left, for you to also consider the revocable permits relevant to the marina. And I know they have left but this was their desire. Mr. Dawkins: I will move the port bridge and defer the other two items referring to the Rouse Company. That's all I will do. Mr. Rivas: OK. Ms. Miriam Maer: Wait, we need to have 20A approved or the Port Boulevard Bridge Agreement is not effective. Mayor Suarez: OK, 20 and 20A, can we take them together? Mr. Plummer (OFF MIKE): Well, what's the rush? Have we got our check yet? Ms. Maer: We can't get our check... Mr. Rivas: We can't get our check until - we need a tri-party agreement with Rouse and the county where Rouse releases their leasehold interests that they... Mayor Suarez: Can we do them both together, Mr. City Attorney, 20 and 20A? Mr. Rivas: Right. Mayor Suarez: No. OK, item 20, I'll entertain a motion... Mr. Rivas: First 20 then 21. Mr. Herb Bailey: Mr. Mayor, but.. I think you ought to be aware and I'm not at all certain at the moment and I have to ask the City Attorney, has the insurance issue been resolved? Mr. Dawkins: No. That's the one I'm saying, I don't vote on. 290 July 21, 1988 Mr. Bailey: The insurance issue regarding the item number 20. Mr. Rivas: It has not yet been resolved, however... Mr. Bailey: I think you should be aware there's a potential liability there. Mayor Suarez: There's a potential liability in everything we do. Item 20, I'll entertain a motion. Mr. Bailey: It's a big one. Mrs. Kennedy: Can you be more specific on that, Mr. Bailey? Mr. Plummer (OFF MIKE): Wait a minute, wait a minute, whoa... Mr. Dawkins: That's what I'm saying, J.L. Mr. Plummer (OFF MIKE): You've got to have that insurance agreement worked out. Don't put me in a liability. Mrs. Kennedy: That's right. Mr. Dawkins: And Rouse doesn't want to accept it, they want to throw it on US. Mr. Plummer (OFF MIKE): No, no, no, no, no, no. Mr. Rivas: The insurance issue is as follows, that Rouse wants the state contractors, who are building the bridge, to have general liability insurance. I can inform you that they have delivered to us general liability insurance certificates. I don't, however, that Rouses's lawyer has accepted it so it's still an issue until that's resolved. The way this agreement reads, if Rouse does not have that insurance, they would go out and buy and charge the City with it. Mr. Dawkins: That's fine, I have no problems with that, but, you see, when it comes to 23, Rouse Company wants me to assume any liability for anybody who falls between the berths and they don't want to give us no insurance. See... Mr. Plummer (OFF MIKE): Yes, but Rouse has said to me, that they could not accept 20 or 20A without 23... Mr. Dawkins: OK, well... Mr. Plummer (OFF MIKE): We're not passing 23. Mr. Dawkins: I'm not. Mr. Plummer (OFF MIKE): Now, excuse me, that's what Mr. Dausch said to me. Mayor Suarez: I'll entertain a motion on 20, let's try getting 20 and 20A passed, maybe 23 will pass too. Mr. Dawkins: I will give him 20 and 20A, but I will not pass 23. Mayor Suarez: But... Mr. Dawkins: He will not accept anything else... Mayor Suarez: But that's one vote on the Commission. We have to vote on item 20. Mr. Rivas: Twenty and 20A is recommended as an alternative. Mayor Suarez: We've got a motion and a second on item 20. Mr. Plummer (OFF MIKE): Who made the motion? You did? Mr. Dawkins (OFF MIKE): No. Ms. Hirai (OFF MIKE): No. 291 July 21, 1988 Mr. Plummer (OFF MIKE): Neither did I. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: But he has already stated that without 23, there is no deal. Mr. Dawkins: OK, but he stated his position, I'm stating mine, that's all. I don't know if anybody else on the Commission feels like me. Mayor Suarez: I'm trying to ascertain what the Commission's position is by entertaining a motion on 20. Mr. Dawkins (OFF MIKE): All right, I'll move 20. Mayor Suarez: OK. Second item 20, please. Somebody, Madam Vice Mayor. Mr. Dawkins: Well, I've made my position clear. Good night. Mayor Suarez: Second the motion for 20, please. Call the roll on 20. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-739 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TRIPARTITE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY, DADE COUNTY AND BAYSIDE CENTER LIMITED PARTNERSHIP ("BAYSIDE") WHICH AGREEMENT CLARIFIES AND DEFINES EASEMENT RIGHTS RELATIVE TO THE NEW PORT BOULEVARD BRIDGE PARCEL BEING CONVEYED BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED QUIT CLAIM DEED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREBY A PORTION OF THE FORMER FLORIDA EAST COAST (F.E.C.) PROPERTY WILL BE CONVEYED TO DADE COUNTY FOR THE CONSTRUCTION OF THE COUNTY PORT OF MIAMI BRIDGE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS SUBMITTED TO THE CITY COMMISSION THIS DATE, WITH THAT CERTAIN CITY/COUNTY AGREEMENT, DATED AUGUST 23, 1984, AND WITH THE AGREEMENT BETWEEN THE CITY, COUNTY AND BAYSIDE AS HEREIN PROVIDED, AND WITH THE CONDITIONS SET FORTH IN RESOLUTION NO. 88-564, ADOPTED JUNE 9, 1988. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 292 July 21, 1988 76. BAYSIDE PARKING GARAGE LEASE AGREEMENT - AUTHORIZE SECOND AMENDMENT. ------------------------------------------------------------------------------ Mayor Suarez: I'll entertain a motion on item 2OA. Mr. Dawkins: Move it. Mayor Suarez: Moved. Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-740 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE "SECOND AMENDMENT TO THE BAYSIDE PARKING GARAGE LEASE AGREEMENT," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THEREBY EXTINGUISHING ALL LEASEHOLD INTERESTS, IF ANY, OF BAYSIDE CENTER LIMITED PARTNERSHIP IN THE REAL PROPERTY TO BE CONVEYED TO DADE COUNTY IN CONNECTION WITH THE NEW PORT BOULEVARD BRIDGE. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE MAYOR KENNEDY, ITEM 23 WAS DEFERRED BY A UNANIMOUS VOTE. Mr. Rivas: Thank you. ------------------------------------------------------------------------------ 77. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 - (CONTINUED DISCUSSION) - ESTABLISH FUTURE PUBLIC HEARING DATES TO CONSIDER ORDINANCE FOR ADOPTION OF THE PLAN (SEE LABELS 69 AND 71). Mayor Suarez: You needed to - we need to set the dates on the hearings for the comprehensive plan. Mr. Sergio Rodriguez: Yes. In addition to transmitting to DCA, you have to establish December 22nd and January 26th to have hearings on the comprehensive plan or on the dates in which these meetings will be changed to. Mayor Suarez: OK, that's in the form of a motion. Mrs. Kennedy (OFF MIKE): Move it. Mayor Suarez: Moved. Second. Call the roll on the dates. 293 July 21, 1988 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-741 A MOTION DESIGNATING THE PUBLIC HEARING DATES TO CONSIDER AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 ON DECEMBER 22, 1988 AND JANUARY 26, 1989 (OR THE APPROPRIATE DAY TO WHICH THESE REGULAR COMMISSION MEETING DAYS ARE RESCHEDULED). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 78. SEND A KID TO CAMP PROGRAM - ALLOCATE $4,500 TO SUPPORT THE OVERTOWN CRIME PREVENTION SUBCOUNCIL'S PROGRAM. Mayor Suarez: I've been given a resolution by Henry Jackson that says that we - that something we've done before, we need to formalize; it's a resolution allocating an amount not to exceed $4,500 from special programs... Mr. Dawkins (OFF MIKE): Move it. Mayor Suarez: ... and accounts, contingent fund, in an amount not to exceed $4,500 from the police department budget in support of the Overtown crime prevention sub -council, Send a Kid to Camp Program. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-742 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND AND AN AMOUNT NOT TO EXCEED $4,500 FROM THE POLICE DEPARTMENT BUDGET IN SUPPORT OF THE OVERTOWN CRIME PREVENTION SUBCOUNCIL "SEND A KID TO CAMP PROGRAM". (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 294 July 21, 1988 1 1 79. AMEND RESOLUTION 87-923 WHICH DIRECTED MIAMI CAPITAL DEVELOPMENT, INC. TO ALLOCATE CERTAIN MONIES TO THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM - AUTHORIZE MIAMI CAPITAL TO RETAIN ALLOCATION - AUTHORIZE DIRECTOR OF COMMUNITY DEVELOPMENT TO EXECUTE DOCUMENTS UNDER SAID PROGRAM - ESTABLISH LOAN COMMITTEE MEMBERS. Mayor Suarez: And Mr. Castaneda from community development, you needed which item? Mr. Frank Castaneda (OFF MIKE): Item Citywide Business Development program. You didn't vote on it last time but you approved the Mayor Suarez: Citywide business development. Are you talking about the loan program? Mr. Castaneda: Right, items 39 per the City Attorney's memo. Mr. Fernandez: Yes. Mayor Suarez: All right, item 39. I'll entertain a motion on item 39 so we can get the Citywide Loan Program going. Moved. Mr. Fernandez: Yes. Mr. De Yurre (OFF MIKE): Second. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-743 A RESOLUTION RESCINDING SECTION THREE (3) OF RESOLUTION NO. 87-923 ADOPTED ON OCTOBER 22, 1987, WHICH AUTHORIZES THE CITY MANAGER TO DIRECT MIAMI CAPITAL DEVELOPMENT, INC. TO ALLOCATE TWO HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED TWENTY-SEVEN DOLLARS AND FIFTY CENTS ($269,827.50) TO THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM; FURTHER, IN ACCORDANCE WITH RESOLUTION NO. 87-923 DIRECTING THE CITY MANAGER TO APPROVE THE GUIDELINES ESTABLISHED FOR THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM AS ESTABLISHED BY THE DIRECTORS OF MIAMI CAPITAL DEVELOPMENT, INC. AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT RESPECTIVELY AND ATTACHED AND INCORPORATED HEREIN; FURTHER AUTHORIZING COMMUNITY DEVELOPMENT TO RETAIN SAID APPROPRIATION OF TWO HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED TWENTY-SEVEN DOLLARS AND FIFTY CENTS ($269,827.50) FOR DISBURSEMENT VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM; FURTHER AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO ACT ON BEHALF OF THE CITY IN THE EXECUTION OF ALL CONTRACTS AND/OR CLOSING DOCUMENTS RELATED TO THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM; FURTHER APPOINTING HERBERT J. BAILEY, FRANK CASTANEDA AND PABLO PEREZ-CISNEROS TO SERVE AS LOAN COMMITTEE MEMBERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: 295 July 21, 1988 AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Call the roll as to whoever's in the chambers, please. Whoever's in the chambers, call the roll. Ms. Hirai: Yes, he's in chambers, sir. Mr. Plummer (OFF AND ON MIKE): Well, I'm in the chamber and I'll ask you to wait until I've read it. They were supposed to come forth with some guidelines. Mr. Fernandez (OFF MIKE): No, no, no. It was just making sure that we add that third name that you suggested and that a vote be taken because it.... Mr. Plummer: Oh. I vote yes. ------------------------------------------------------------------------------ 80. FIRST READING ORDINANCE: AMEND CODE SEC. 22-28 - PROVIDE INTEREST CHARGE OF 1 PERCENT PER MONTH TO BE APPLIED TO DELINQUENT SOLID WASTE FEES. ------------------------------------------------------------------------------ Mr. De Yurre: Move 83. Mayor Suarez (OFF MIKE): What's 83? Mrs. Kennedy (OFF MIKE): Second. Mayor Suarez: Moved and seconded, item 83. Mr. Plummer: What is item 837 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: It's definitely the last one I'm doing. Can't function this way. Mr. Plummer: Why one percent? Is that one percent a month? One percent a month? Yes, I'll vote for that. Mayor Suarez: Somebody's going to have to read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 22-28, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE INTEREST CHARGE ON DELINQUENT SOLID WASTE FEES SHALL BE AT A RATE OF ONE (1.0) PERCENT PER MONTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins 296 July 21, 1988 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. 81. ACCEPT BID: MIRI CONSTRUCTION, INC. - LOCAL DRAINAGE PROJECT - FLAGLER STREET REPAIRS, E-58 (SECOND BIDDING) ($57,100). ------------------------------------------------------------------------------ Mayor Suarez: I am told we never have voted and approved the parks improvements. Mr. Odio: No, you haven't. Mayor Suarez: That's incredible. Does any Commissioner have any problem with that at this point? Mr. Plummer (OFF MIKE): They had reneged on the proposition that we gave them. Mr. Odio (OFF MIKE): No, no, no, on the parks. Mr. Plummer: Oh, on the parks. Mayor Suarez: Yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer (OFF MIKE): There were people here to speak against that and they've gone. They should have that opportunity. Ms. Hirai: Henry, what item is... Mr. Odio (OFF MIKE): No, listen, when I did it, Mr. Mayor, I did number 90 which is the money from the county for my fire protection. Mr. Plummer (OFF MIKE): But are they going to indemnify... Ms. Hirai (OFF MIKE): What item are they talking about now? Mr. Plummer (OFF MIKE): No, no, no because that was why it was pulled before. No, no, total... Mayor Suarez: We're not even approving the citywide parks department. We need the emergency award of local drainage project E-58 so we can do the Flagler Street improvement. We've had this item before us and I'll entertain a motion. Mrs. Kennedy (OFF MIKE): Which one is that? I move it. Mayor Suarez: This item was an emergency? Mr. Jim Kay: Yes, emergency award of contract, $57,100. Mayor Suarez: So we can do the Flagler improvements. Mr. Fernandez: What's the item number. Mr. Kay: It's an emergency pocket item. Mr. Fernandez: Oh. Mayor Suarez: I'll entertain a motion on this item. It was moved, do we have a second? Mr. De Yurre: Second. Mayor Suarez: Call the roll. 297 July 21, 1988 6 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: Please, please, call the roll. Please. Call the roll. Mr. Plummer: What is this item? Ms. Hirai: Is that a resolution? Mayor Suarez: It's the emergency award of contract, local drainage project E- 58 to make the Flagler Street improvements project viable that we're moving on right now. Ms. Hirai: Is that a resolution? Mayor Suarez: Yes. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-744 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $57,100.00, BASE BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PROJECT-FLAGLER STREET REPAIRS, E-58 (SECOND BIDDING), WITH MONIES THEREFORE ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT ORDINANCE NO. 10447, PROJECT NO. 333083, IN THE AMOUNT OF $57,100.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins 82. CONTINUE TO SEPTEMBER ALL PLANNING AND ZONING ITEMS NOT TAKEN UP. ------------------------------------------------------------------------------ Mayor Suarez: This Commission is adjourned. Mr. Fernandez: You have to continue... Mayor Suarez: I'll entertain a motion to continue all the other planning and zoning items. Mr. De Yurre: Second. Mayor Suarez: Call the roll for the appropriate dates in September, second meeting. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-745 A MOTION CONTINUING ALL PLANNING AND ZONING ITEMS NOT TAKEN UP ON THIS DATE TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 22, 1988. 298 July 21, 1988 0 . 0 VPon being seconded by Con nissioner De Yutre, the motion, was plated avid adopted by the following vote: AVIS: Commissioner Victor be Turre Commissioner Miller J. Dawkins Commissioner 3. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. "Mm BEING No FORTEO;R ROSINESS TO CQ9I aHPORR THE CITY C0MISSION, TER !lEETIIIG VAS AWOURNRD AT 9:53 P.H. ATTEST: Natty Hirai CITY CLERK Palter J. loeaan ASSISTANT CITr CLERK Xavier L. Suarez M A T 0 R '_'►u4 ;rT.1� i 'k 1NCORP ►RATED O 18 96 �. 0� 299 July 21, 1988 � r CITY OF MIAMI DOCUMENT INDEX ATM MM. JITLY 21, 1988 REAPPOINT CERTAIN INDIVIDUALS TO THE DOWNTOWN DEVELOPMENT BOARD (APPOTNTED WERE: MARTIN FINE. ESQ., THOMAS POST, TONY ALONSO, MIRIAM LOPEZ AND E. EVONNE RACLIN). AUTHORIZE ISSUANCE OF BIDS REGARDING CONSTRUCTION, ERECTION, INSTALLATION. REPAIR AND MAINTENANCE OF BUS SHELTERS - AUTHORIZE NEGOTIATION OF CONTRACTS. (A) CO -DESIGNATE NORTH 36TH STREET FROM BISCAYNE BOULEVARD TO INTERSTATE 95 AS "DESIGN BOULEVARD". (B) CO -DESIGNATE NW 5TH AVENUE FROM NW 22ND STREET TO NW 36TH STREET AS "FASHION AVENUE". APPROVE USE OF BAYFRONT PARK AMPHITHEATER REGARDING SIX CONCERTS BY THE GREATER MIAMI COMMUNITY CONCERT BAND. ENDORSE THE "WORLD'S FAIR FOR MIAMI IN 1995-1996" CONCEPT PROPOSED BY MIAMI RESEARCH INSTITUTE. ALLOCATE $31,000 TO BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. - FOR HISTORIC PRESERVATION PROJECT AND ALLOCATE $55,000 TO JEWISH FAMILY SERVICES, INC. AND PROVIDE HOME SECURITY PROGRAM FOR ELDERLY CRIME VICTIMS. ALLOCATE $675. TO COVER PARK PERMIT AND SHOWMOBILE FEES IN CONNECTION WITH THE "SECOND MERENGUE" FESTIVAL TO BE HELD IN ALLAPPATTAH-COMSTOCK PARK. ACCEPT BIDS FROM (A) STAR EQUIPMENT MANUFACTURING, AND (B) HESCO/U.S. CONTAINERS FOR FURNISHING 1,000 DUMPSTERS TO DEPARTMENT OF SOLID WASTE. SPLASH DOWN '88-ALLOCATE $10,000. PAGE 1 cw RE I tEVAL C*W N 88-6,76 88-678 88-682 88-684 88-685 88-687 88-691 E1.11MY! 88-695 u c DOCUMENT INDEX LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536 - CONFIRM ORDERING RESOLUTION -ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION. DEMOLITION OF UNSAFE STRUCTURES - RATIFY CITY MANAGER FINDING OF EMERGENCY WAIVE COMPETITIVE BIDDING FOR SELECTION OF PROFESSIONAL. SERVICES.ACCEPT BID OF TREE MASTERS INC. FOR DEMOLITION OF STRUCTURES AT 1402 & "A: SOUTH BAYSHORE DRIVE. ACCEPT BID: 3RD WORLD COMPUTER COMPANY, INC. OFFICE FURNITURE FOR HOUSING CONSERVATION AND DEVELOPMENT AGENCY ($29,279.81). ACCEPT PLAT: ONE STOP RESUBDIVISION. ACCEPT PLAT: STEVENS'HAGUE TRACT. ACCEPT PLAT: DABNEY'S & DYLAN'S. ACCEPT DONATION OF MOTOR VEHICLE (AUTOMOBILE) FROM INTEGRITY INSURANCE COMPANY FOR POLICE DEPARTMENT. ESTABLISHMENT OF EMERGENCY SHELTER FOR HOMELESS FAMILIES -ALLOCATE $32,000 TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC. NICARAGUAN AUGUST PARTY -GRANT REQUEST FOR STREET CLOSURE, ESTABLISHMENT OF PEDESTRIAN MALL, PERMISSION TO SELL BEER AND WINE, ESTABLISH AREA FOR RETAIL PEDDLERS -SUBJECT TO PROVISOS. DRUG SCREENING SERVICES TO DEPARTMENT OF PERSONNEL MANAGEMENT - CONTINUED - AUTHORIZE EXECUTION OF AGREEMENT WITH CONSULAB, INC. AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI (FISCAL YEAR 10/1/88 - 9/30/89. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED MILLAGE RATE FOR FISCAL YEAR 10/1/88 - 9/30/89. PAW .2 Of. RETREVAL CODE NO. 88-696 88-697 88-698 88-699 88- 700 88-701 88-702 88-703 88-704 88-706 88-707 88-709 V c DOCUMENT INDEX DOCUMENT DEN'T'E:ICAnM MIAMI TELE-COMMUNICATIONS, INC. APPROVE AGREEMENT TO RESOLVE OUTSTANDING ISSUES IN DISPUTE PROVIDE TERMS OF APPROVAL OF I -NET (INSTITUTIONAL CABLE NETWORK) AND THE RELEASE OF $500,000 FROM THE SECURITY FUND. CITYWIDE TELEPHONE SYSTEM REJECT BIDS RECEIVED FOR LEASE/PURCHASE - DIRECT MANAGER TO REBID PROJECT. E911 FEES - EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR COLLECTION AND DISBURSEMENT. PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA - APPOINT/REAPPOINT MEMBERS (NOTE: APPOINTED WERE WILLIAM ALENXANDER, LORI WELDON AND TITO GOMEZ. BANYAN FESTIVAL, - GRANT REQUEST FOR STREET CLOSURE, PERMISSION TO SELL BEER AND WINE, AND RESTRICTION OF RETAIL PEDDLERS. JAMAICAN AWARENESS REGGAE FESTIVAL - GRANT REQUEST BY SPONSORS TO HOLD EVENT AT BICENTENNIAL PARK -AUTHORIZE SHARING OF PARKING CONCESSION,ETC. WITH PROVISOS. ORANGE BOWL MODERNIZATION PROJECT PHASE II -APPROVE IN CONCEPT -DESIGNATE PROJECT AS CATEGORY B-AUTHORIZE TO ADVERTISE FOR PROFESSIONAL PLANNING AND DESIGN SERVICES. 1988 MIAMI CITYFAIR. APPROVE APPLICATION FOR TEMPORARY SPECIAL EVENT, PERMIT FOR MECHANICAL RIGHTS,ETC. WITH PROVISOS. WAIVE CODE PROHIBITION TO ALLOW JANET REID TO PROVIDE PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE CITYWIDE INDUSTRIAL LAND USE NEEDS STUDY. ACCEPT THE BID OF MCM CORPORATION FOR RENOVATION OF MANUEL ARTIME COMMUNITY CENTER. PROPOSED MIAMI COMPREHENSIVE NEIGHBOR HOOD PLAN 1989-2000 PAGE Of . RETREVAL CODE NO. 88- 711 88-712 88-713 88-714 88-715 88-717 88-72 0 88-721 88-723 88-731 88-736 r t DOCUMENT INDEX COCONUT GROVE LOCAL DEVELOPMENT CORPORATION INC. AND GROVITES UNITED TO SURVIVE INC. (GUTS) AGREEMENT FOR DEVELOPMENT SERVICES ON THE TIKI CLUB/GOOMBAY PLAZA PROJECT. CITY ELECTIONS - ESTABLISH COMMITTEE TO ASSIST CITY CLERK ON CANVASSING OF ELECTIONS RESULTS WITH PROVISOS. CONSTRUCTION OF NEW PORT BOULEVARD BRIDGE. AUTHORIZE TRIPARTITE AGREEMENT (CITY, DADE COUNTY AND BAYSIDE CENTER LIMITED PARNERSHIP) FOR CLARIFICATION AND DEFINITION OF EASEMENT RIGHTS - RELATIVE TO THE NEW PORT BOULEVARD BRIDGE PARCEL BEING CONVEYED BY THE CITY -AUTHORIZE EXECUTION OF REVISED QUITCLAIM DEED. BAYSIDE PARKING GARAGE LEASE AGREEMENT -AUTHORIZE SECOND AMENDMENT. SEND A KID TO CAMP PROGRAM - ALLOCATE $4,500 TO SUPPORT THE OVERTOWN CRIME PREVENTION SUBCOUNCIL'S PROGRAM. AMEND RESOLUTION 87-923 WHICH DIRECTED MIAMI CAPITAL DEVELOPMENT, INC. TO ALLOCATE CERTAIN MONIES TO THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT PROGRAM. AUTHORIZE MIAMI CAPITAL TO RETAIN ALLOCATION AUTHORIZE DIRECTOR OF COMMUNITY DEVELOPMENT TO EXECUTE DOCUMENTS UNDER SAID PROGRAM. ESTACLISH LOAN COMMITTEE MEMBERS. ACCEPT BID: MIRI CONSTRUCTION, INC. LOCAL DRAINAGE PROJECT-FLAGLER STREET REPAIRS. E-58 (SECOND BIDDING) ($57,000). 4 Ahm.... OF amommo RETREVAI CODE NO. 88-737 88-738 88-739 88-740 88-742 88-743 88-744