HomeMy WebLinkAboutCC 1996-03-26 MinutesOF MEETING HELD ON jSARC H 26, 19 9 6
PLANNING AND -ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. EOEMAN
CITY CLERK
m
i
j INDEX
I MINUTES OF REGULAR MEETING
March 26, 1996
ITEM
SUBJECT
LEGISLATION PAGE
NO.
NO.
1.
COMMISSION CONGRATULATES BUDGET
DISCUSSION 2
f
DIRECTOR MANOHAR S. SURANA FOR
3/26/96
RECEIVING THE 1995/96 DISTINGUISHED
BUDGES AWARD FROM GOVERNMENTAL FINANCE
OFFICERS' ASSOCIATION FOR OUTSTANDING
BUDGET.
2.
ISSUE REQUEST FOR PROPOSALS (RFP) IN
M 96-209 2-3
CONNECTION WITH MANAGEMENT OF THE
3/26/96
GUSMAN THEATER -- STIPULATE THAT NO
BIDS EXCEEDING DOLLAR A4OUNT
RECOnMOED FOR SALE OF THE OLYMPIA
BUILDING BE ACCEPTED.
3.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 4-5
ARTICLE XIII, CHAPTER 2 (STANDARDS FOR
FIRST READING
CREATION / REVIEW OF BOARDS) -- PROVIDE
3/26/96
THAT ALL BOARD MEMBERS WHO RECEIVE
REMUNERATION FROM THE CITY SHALL TAKE
AN OATH / AFFIRMATION THAT HE/SHE WILL
SUPPORT / PROTECT / DEFEND THE
CONSTITUTION AND LAWS OF UNITED STATES
AND STATE OF FLORIDA.
4.
AUTHORIZE MANAGER TO EXECUTE LEGAL
R 96-210 5-8
D0C[ME. TS WITH FLORIDA HOUSING GROUP,
3/26/96
LTD., IN CONNECTION WITH RESTRUCTURING
OF CITY'S SECOND MORTGAGE ON
RESIDENTIAL PLAZA AT BLUE LAGOON
HOUSING PROJECT (N.W. 7 STREET AND N.W.
57 AVENUE) -- AUTHORIZE DEFERMENT OF
LOAN PAYMENTS FOR FIVE YEARS --
AUTHORIZE MANAGER TO SUBORDINATE
EXISTING SECOND MORTGAGE TO NEW SECOND
MORTGAGE ($600,000) -- FROM PRIVATE
FINANCIAL INSTITUTION, SUBJECT TO TERMS
REQUESTED BY U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ( HUD) -- EXECUTE
PLAN FOR PROPERTY ADJACENT TO PROJECT
SITE.
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5.
ESTABLISH FOUR-YEAR PLAN FOR HIRING 200
M 96-211
8-17
ADDITIONAL SWORN MIAMI POLICE OFFICERS.
3/26/96
6.
DISCUSS AND WITHDRAW PROPOSED
DISCUSSION
17-20
RESOLUTION TO APPROVE, IN PRINCIPLE,
3/26/96
DESIGNATION OF RAFAEL HERNANDEZ HOUSING
AND ECONOMIC DEVEUJPMENTr CORPORATION
(AS SPONSOR) TO UNDERTAKE DEVELOPMENT
OF AFFORDABLE RESIDENTIAL HOUSING
PROJECT ON BOBBY MADURO BASEBALL
STADIUM SITE (IN ALLAPATPAH NET SERVICE
AREA).
7.
AUTHORIZE MANAGER TO EXECUTE SUBLEASE
R 96-212
20-21
AGREEMENT WITH ALL DADE TRAFFIC
3/26/96
SCHOOL -- FOR USE OF SPACE AT 3802 N.W.
11 STREET -- TO PROVIDE OFFICE SPACE
FOR FLAGAMI NET SERVICE CENTER AND MINI
POLICE SUB -STATION.
8.
AUTHORIZE ACQUISITION OF 17 TRUCKS (12
R 96-213
21-22
PICKUP TRUCKS AND 5 CREW CAB
3/26/96
PICKUPS) -- FROM MAROONE CHEVROLET
(UNDER EXISTING STATE OF FLORIDA
CONTRACT 070-001-9601) -- ALLOCATE
FUNDS ($268,239).
9.
ACCEPT DONATION OF $390,000 FROM MIAMI
R 96-214
23-24
SPORTS AND EXHIBITION AUTHORITY -- FOR
3/26/96
REFURBISHING REST ROOM FACILITIES AT
ORANGE BOWL.
10.
CLARIFICATION CONCERNING WITHDRAWAL BY
DISCUSSION
24
M.J. ANDERSON GENERAL CONTRACTORS, INC.
3/26/96
OF THEIR PROTEST REGARDING BID NO. 95-
96-022, PROJECT NO. 6248, CITY OF MIAMI
POLICE DEPARTMENT BUILDING CONCRETE
REPAIRS AND EXTERIOR RESTORATIONS.
11.
AUTHORIZE MANAGER TO EXECUTE AMENDMENT
R 96-215
25-26
TO AGREEMENT WITH MIAMI-DARE COMMUNITY
3/26/96
COLLEGE -- FOR CITY'S RENDERING OF IN-
SERVICE FIRE TRAINING.
12.
APPROVE PAYMENT ($7,500) OF
R 96-216
26-27
ADMINISTRATIVE FEE TO FLORIDA SHERIFFS
3/26/96
ASSOCIATION AS A RESULT OF CITY OF
MIAMI'S UTILIZATION OF FLORIDA SHERIFFS
ASSOCIATION COOPERATIVE BID NO. 95-03-
0925 -- TO PROCURE 200 1996 CROWN
VICTORIA PURSUIT SPECIFICATION
VEHICLES -- ALLOCATE FUNDS.
13.
14.
15.
16.
17.
19.
20.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 27-28
OF PROPOSED RESOLUTION CONCERNING
3/26/96
CLAIM SETTLEMENT REGARDING
KOSTMAYER CONSTRUCTION COMPANY,
INC., AND ITS ATTORNEYS, ROBERT
J. BRYAN AND GEORGE B. RECILE
($636,710.93).
ACCEPT BID: MASTER EXCAVATORS, INC.
R 96-217 28-29
($814,416, TOTAL BID OF PROPOSAL) --
3/26/96
FOR LE JEUNE STORM SEWER PROJECT, PHASE
II, B-5587 -- ALLOCATE FUNDS FROM CIP
352257.
ACCEPT BID: GIMROCK CONSTRUCTION, INC.
R 96-218 29-31
($4,633,000, TOTAL BID OF PROPOSAL) --
3/26/96
FOR MIAMARINA REDEVELOPMENT PHASE IV,
NEW PIERS, H-1014D -- AULOCATE FUNDS
FROM CIP 413400.
ACCEPT PLAT: LER SUBDIVISION.
R 96-219 32-33
3/26/96
AUTHORIZE MANAGER TO SUBMIT APPLICATION
R 96-220 33-34
FOR ASSISTANCE TO FLORIDA INLAND
3/26/96
NAVIGATION DISTRICT (FIND) -- FOR GRAW
FUNDING UNDER THE FIND WATERWAYS
ASSISTANCE PROGRAM ($34,500) -- FOR
MORNINGSIDE SEAWALL IMPROVIIETT'S.
AUTHORIZE / EMPOWER / DIRECT MANAGER,
R 96-221 34-35
CITY ATTORNEY, CITY CLERK, AUTHORIZED
3/26/96
OFFICIALS TO TAKE NECESSARY /
APPROPRIATE ACTIONS TO PROVIDE FOR
COMPLETE DEFEASANCE OF CITY'S SPECIAL
OBLIGATION REFUNDING BONDS, SERIES
1990, CONCERNING SALE TO METROPOLITAN
DADE COUNTY OF OFF-STREET PARKING
FACILITY IN THE DOMIOWN GOVERNMENT
CENTER.
ALUOCATE $13,000-$15,000 TO MIAMI
R 96-222 35-36
SENIOR HIGH MARCHING BAND.
3/26/96
CONFIRM RESOLUTION 89-828 -- ESTABLISH
M 96-223 37
THE FLAGLER / CORE AREA SECURITY
3/26/96
DISTRICT SPECIAL IMPROVEMENT DISTRICT.
21.
GRANT REQUEST FOR POLICE FEE WAIVER
R 96-224
38-39
CONCERNING CUBAN MUNICIPALITIES FAIR
3/26/96
(APRIL 11-14, 1996) AT F7AGLER DOG
TRACK (NOT TO BE CONSIDERED AS ONE OF
TWO TEMPORARY SPECIAL EVENTS PERMITTED
PER SITE PER YEAR PURSUANT TO ORDINANCE
11000).
22.
GRANT REQUEST FOR USE OF WYNWOOD AND
R 96-225
39-40
HADLEY PARKS FOR EXHIBITION AMATEUR
3/26/96
BOXING BETWEEN US AND RUSSIA (JUNE 13,
1996) -- WAIVE FEES FOR DINNER KEY
AUDITORIUM (JUNE 17, 1996) -- ALLOCATE
$8,000 FOR SECURITY.
23.
GRANT USER FEE WAIVER CONCERNING THE
R 96-226
XXIV FLORIDA FIRE FIGHTERS' OLYMPICS
3/26/96
( HOSTED BY MIAMI FIRE DEPARTMENT) , TO
41- 4 2
BE HELD AT COCONUT GROVE CONVENTION
CENTER (MAY 10-12, 1996).
24.
DISCUSSION CONCERNING PROPOSED
DISCUSSION
42
RESOLUTION TO RATIFY MANAGER'S
3/26/96
EMERGENCY ACTION IN WAIVING COMPETITIVE
SEALED BIDS FOR PROCUREMENT OF
SPECIALIZED FINANCIAL TYPESETTING
SERVICES AND PRINTING OF COMPREHENSIVE
ANNUAL FINANCIAL REPORT FROM EVACO
FINANCIAL PRINTERS -- SCHEDULE PUBLIC
HEARING.
25.
ACCEPT GRAND ($100,000) FROM STATE OF
R 96-227
43-44
FLORIDA DEPARTMENT OF ENVIRONMENTAL
3/26/96
PROTECTION UNDER THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM FOR
IMPROVEMENTS TO CURTIS PARK -- EXECUTE
NECESSARY DOCUMENTS.
26.
ACCEPT DONATION FROM WOODLAWN CEMETERY
R 96-228
44-45
FOR BOYS' CLUB OF SOUTHWEST DADE -- TO
3/26/96
CONTINUE PROGRAMS IN WEST GROVE.
27.
ACCEPT PROPOSAL OF THOMAS MAINTENANCE
R 96-229
45-46
SERVICE, INC. (UNDER DADE COUNTY BID
3/26/96
0996-2/98 OTR) -- FOR INSTALLATION OF
SOD FOR SOCCER FIELD AT HENDERSON
PARK -- ALLOCATE FUNDS $12,240 FROM
PROJECT 331356, COMMUNITY DEVELOPMENT
BLACK GRANT (CDBG) FUNDS.
28.
INSTRUCT CITY ATTORNEY TO PROVIDE
R 96-230
47-48
COMMISSIONERS WITH COPIES OF ALL
3/26/96
WRITTEN LEGAL OPINIONS WHICH ARE
PREPARED UPON REQUEST OF MANAGER.
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29.
EXPRESS SYMPATHY AND CONDOLENCES TO
R 96-231
FAMILY AND FRIENDS OF JOHN J. RIORDAN.
3/26/96
30.
WAIVE COMPETITIVE SEALED BIDS --
M 96-232
APPROVE RENOVATION OF LIGHTS AT ORANGE
3/26/96
BOWL STADIUM ($335,000).
31.
APPROVE ENGAG EW OF DAVIS, SCOTT,
R 96-233
WEBER & EDWARDS TO SERVE AS COUNSEL IN
3/26/96
CONNECTION WITH MEDIATION IN MICHAEL
PORTINGER, PETER CARTER AND BERRY YOUNG
VS. CITY OF MIAMI (HOMELESS ASSISTANCE
CENTER CASE) -- ALLOCATE $10,000.
32.
(A) COMMENTS CONCERNING FLORIDA
DISCUSSION
LEAGUE OF CITIES' STUDY REGARDING
3/26/96
ANTENNA PLACEMENT STATEWIDE.
(B) DISCUSS AND CONTINUE
CONSIDERATION OF APPEAL
CONCERNING CONSTRUCTION /
INSTALLATION OF A CELLULAR
COMMUNICATION FACILITY AT 8425
BISCAYNE BOULEVARD. [Applicant:
T.N.A. Palms, Inc. (owners) /
BellSouth Mobility, Inc.
(lessee). Appellant: BellSouth
Mobility, Inc.]
(C) DISCUSS AND CONTINUE
CONSIDERATION OF SPECIAL
EXCEPTION CONCERNING A FINANCIAL
DRIVE -THROUGH FACILITY AT 2200
SOUTH DIXIE HIGHWAY, ZONED O-
OFFICE, SD-19 DESIGNATED FLOOR
AREA RATIO OVERLAY DISTRICT, AND
SD-3 COCONUT GROVE MAJOR STREETS
OVERLAY DISTRICT. [Applicant:
Tri-W Investment Co. of Dade
County (owner) / Bank Atlantic,
FSB (buyer).]
33.
BRIEF DISCUSSION CONCERNING CONTINUANCE
DISCUSSION
OF CERTAIN PLANNING & ZONING ITEMS.
3/26/96
34.
SECOND READING ORDINANCE: AMEND
ORDINANCE
MIAMI COMPREHENSIVE NEIGHBORHOOD
11349
PLAN (MCNP ORDINANCE 10544)
3/26/96
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 2100 S.W.
22 STREET FROM OFFICE TO
RESTRICTED COMMERCIAL.
[Applicant(s): Mutual Life
Insurance Co. of New York.l
48-49
49-52
52-54
55-56
56-57
57-59
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35. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) ATLAS --
CHANGE DESIGNATION AT 2100 S.W.
22 STREET FROM 0 OFFICE TO C-1
RESTRICTED COMMERCIAL.
[Applicant(s): Mutual Life
Insurance Co. of New York.]
36. (A) FIRST READING ORDINANCE:
AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE
10544) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT
521-23-25-27-35-45 N.W. 23 COURT
FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL.
[Applicant(s): Luis & Norma
Calix, Jesus Noal, Maximo Loynaz
& Sergio Fiallo (owners).]
(B) DISCUSSION CONCERNING DECOMA
NEGOTIATIONS / MIAMI ARENA
WITHDRAWN.
37. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) ATLAS --
CHANGE DESIGNATION AT 521-23/525-
27/535-37 & 545 N.W. 23 COURT
FROM R-2 TWO-FAMILY RESIDENTIAL
TO R-3 MULTIFAMILY MEDIUM -
DENSITY. [Applicant(s): Luis &
Norma Calix, Jesus Noal, Maximo
Loynaz & Sergio Fiallo (owners).]
38. FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 3601 S.W.
22 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL. [Applicant(s):
Universal Realty & Development,
Inc.]
39. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) ATLAS --
CHANGE DESIGNATION AT 3601 S.W.
22 TERRACE FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. [Applicant(s):
Universal Realty & Development,
Inc.]
ORDINANCE
FIRST READING
3/26/96
ORDINANCE
FIRST READING
3/26/96
ORDINANCE
FIRST READING
3/26/96
ORDINANCE
FIRST READING
3/26/96
ORDINANCE
FIRST READING
3/26/96
59-60
60-72
72-73
73-77
77-80
i_
40. APPROVE AMENDED ADDENDUM II TO
THE OMNI AREA REDEVELOPMENT
PLAN -- INCORPORATE PROPOSED
PERFORMING ARTS CENTER
DEVELOPMENT -- RECOMMEND ADOPTION
TO METROPOLITAN DADE COUNTY
COMMISSION FOR FINAL APPROVAL.
[Applicant: Community
Redevelopment Agency.]
41. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) TEXT --
MODIFY SIGN REGULATIONS FOR HOTEL
USES WITHIN OFFICE ZONING
DISTRICT CLASSIFICATION.
[Applicant: Planning &
Revitalization Dept.]
42. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) TEXT --
(1) SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS (A) ALLOW
STATE OF FLORIDA LICENSED
FRANCHISE MOTOR VEHICLE DEALERS
AS PERMITTED PRINCIPAL USE, (B)
ALLOW RENTAL -PURCHASE STORES AS
CONDITIONAL PRINCIPAL USE BY
CLASS II SPECIAL PERMIT IN C-1
RESTRICTED COMMERCIAL ZONING
DISTRICT; (2) SECTION 602 --
ALLOW BREWERY -RESTAURANTS AS
CONDITIONAL PRINCIPAL USE IN SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT; (3) SECTION 613 --
ALLOW DECORATIVE PLUMBING FIXTURE
SHOWROOMS AS PERMITTED PRINCIPAL
USE IN SD-13 S.W. 27 AVENUE
GATEWAY DISTRICT; (4) SECTION
915, HEIGHT REGULATION
GENERALLY -- PROVIDE EXCEPTION TO
F.S. 333.03(3) BY CLASS I SPECIAL
PERMIT FOR CONSTRUCTION OF
EDUCATIONAL FACILITIES WITHIN
CLEAR ZONE OF MIAMI INTERNATIONAL
AIRPORT; (5) SECTION 918, OFFSITE
PARKING -- ALLOW TEMPORARY
OFFSTREET PARKING FOR
CONSTRUCTION CREWS BY CLASS I
SPECIAL PERMIT; AND (6) SECTION
2502 -- PROVIDE DEFINITIONS.
[Applicant: Community Planning
and Revitalization Department.]
R 96-234
3/26/96
ORDINANCE
11350
3/26/96
ORDINANCE
11351
3/26/96
82-83
43. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) TEXT --
AMEND SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS -- ALLOW
PUBLIC STORAGE FACILITIES AS A
CONDITIONAL PRINCIPAL USE IN C-1
RESTRICTED COMMERCIAL ZONING
DISTRICT -- ADD SECTION 946
REGULATING / DEFINING PUBLIC
STORAGE FACILITIES. [Applicant:
Community Planning &
Revitaalization Department.]
44. DISCUSS AND CONTINUE PROPOSED
FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE (11000) TEXT,
AMENDING (1) SECTION 917.9, JOINT
PARKING FACILITIES FOR CONTIGUOUS
USES, SPECIAL EXCEPTION REQUIRED,
(2) SECTION 922.8, JOINT LOADING
FACILITIES FOR CONTIGUOUS USES,
CLASS II SPECIAL PERMIT REQUIRED,
AND (3) SECTION 924.1.3,
LIMITATIONS ON LOCATION AND
EXTENSION OF DOCKS AND PIERS IN
RESIDENTIAL DISTRICTS; REQUIRING
THAT RECORDABLE AGREEMENTS BE
PROFFERED BY APPLICANTS FOR
SHARED FACILITIES AS A PERMITTING
CONDITION; AMENDING SECTION
922.8, TO PROVIDE FOR FINDINGS /
DEFINITIONS FOR COMBINED
FACILITIES, JOINT FACILITIES AND
SHARED FACILITIES. [Applicant:
Community Planning &
Revitalization Department.]
45. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) TEXT,
(1) SECTION 608, SD-8 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT -- MODIFY REQUIREMENTS
FOR MIXED USE PROJECTS WHICH
INCORPORATE A RESIDENTIAL
COMPONENT, AND (2) SECTION 617,
SD-17 SOUTH BAYSHORE DRIVE
OVERLAY DISTRICT -- MODIFY /
CLARIFY HEIGHT LIMITATIONS.
[Applicant: Community Planning &
Revitalization Department.]
ORDINANCE
FIRST READING
3/26/96
DISCUSSION
3/26/96
ORDINANCE
FIRST READING
3/26/96
86-87
NUMT-13
46. DISCUSS AND DEFER PROPOSED FIRST M 96-235 88-90
READING ORDINANCE TO AMEND ZONING 3/26/96
ORDINANCE (11000) TEXT, ARTICLE
6, SECTION 620, SD-20 EDGEWATER
OVERLAY DISTRICT, ADDING CERTAIN
COMMERCIAL USES AS CONDITIONAL
PRINCIPAL USES WITHIN THE GROUND
FLOOR OF HIGH DENSITY RESIDENTIAL
PROJECTS. [Applicant: Community
Planning & Revitalization
Department.]
47. FIRST READING ORDINANCE: AMEND ORDINANCE 91-92
ZONING ORDINANCE (11000) TEXT: FIRST READING
(1) SECTION 401, SCHEDULE OF 3/26/96
DISTRICT REGULATIONS -- ALLOW
VEHICLE RENTAL FACILITIES AS A
CONDITIONAL PRINCIPAL USE IN C-1
RESTRICTED COMMERCIAL ZONING
DISTRICTS; (2) ADD SECTION 947,
VEHICLE RENTAL FACILITIES --
PROVIDE FOR REGULATION /
IMPLEMENTATION OF SAID USE --
PROVIDE DEFINITIONS. [Applicant:
Community Planning &
Revitalization Department.]
48. (A) FIRST READING ORDINANCE: ORDINANCE 92-95
AMEND ZONING ORDINANCE ( 11000 ) FIRST READING
TEXT, ARTICLE 9, GENERAL AND 3/26/96
SUPPLEMENTARY REGULATIONS -- ADD
SECTION 910, UNITY OF TITLE --
PROVIDE FOR IMPLEMENTATION /
DEFINITIONS. [Applicant:
Community Planning &
Revitalization Department.]
(B) FIRST READING ORDINANCE:
AMEND CODE SECTION 54.5-11 --
PERMIT PROPERTY OWNERS TO SUBMIT
COVENANTS IN LIEU OF UNITY OF
TITLE. [Applicant: Community
Planning & Revitalization
Department.]
49. ALLOCATE $ 3 0 , 0 0 0 TO NEW WORLD R 96-236 96-97
SYMPHONY ORCHESTRA FOR 3/26/96
PERFORMANCE IN COSTA RICA --
SUBJECT TO ORCHESTRA OBTAINING
REMAINING BALANCE ($150,000).
50. SCHEDULE COMMISSION MEETING FOR DISCUSSION 97-99
APRIL 2, 1996 TO DISCUSS MARITIME 3/26/96
PARK PROJECT.
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of March, 1996, 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 3:09 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner J.L. Plummer, Jr.
Waldemar Lee, Assistant City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Cesar H. Odio, City Manager
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration withdrew the following agenda items: 4, PZ-9, PZ-
10, PZ-11, PZ-12, PZ-13.
1 March 26, 1996
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1. COMMISSION CONGRATULATES BUDGET DIRECTOR MANOHAR S.
SURANA FOR RECEIVING THE 1995/96 DISTINGUISHED BUDGET
AWARD FROM GOVERNMENTAL FINANCE OFFICERS' ASSOCIATION
FOR OUTSTANDING BUDGET.
Mayor Clark: We have some items on our last agenda we didn't cover, so we're taking them up
right now. First of all, is Mr. Surana here?
Commissioner Plummer: Mano? There he is.
Mayor Clark: Ladies and gentlemen, our finance officer, Mr. Mano Surana. We want to
congratulate you, Mr. Assistant City Manager, for receiving the 1995/96 Distinguished Budget
Award from the Government Finance and Officers Association. Congratulations.
(APPLAUSE)
Commissioner Plummer: We can reduce his salary by 20 percent.
----------------------------------------------------------------------------------------------------------
2. ISSUE REQUEST FOR PROPOSALS (RFP) IN CONNECTION WITH
MANAGEMENT OF THE GUSMAN THEATER -- STIPULATE THAT NO
BIDS EXCEEDING DOLLAR AMOUNT RECOMMENDED FOR SALE OF
THE OLYMPIA BUILDING BE ACCEPTED.
Mayor Clark: On the Gusman Theater, are those principals here?
Mr. Clark Cook (Executive Director, Off -Street Parking): Yes.
Mayor Clark: Give us your name for the record, please, sir.
Mr. Cook: My name is Clark Cook. I'm the executive director of the Miami Parking System.
My address is 190 Northeast 3rd Street. I'm here this afternoon to advise the Commission that
the RFP (Request for Proposals) that we had prepared with the assistance of Dade County - and I
might add that Dade County provided the funds to write the RFP for the consultant - is ready to
be released. There are two caveats in there, which this Commission should make sure they
understand. Caveat number one, unlike the original RFP that we put out, which basically said
the City paid nothing, and got nothing back in return, this one says that the bidder will state in
the amount that he would like the City to pay, and the City will split the profits. I recognize the
Commission's desire not to have any deficit spending in this area. And therefore, I would like to
point out that the Olympia Building, which is in the process of being converted to apartments
and should be finished by the middle of May - actually, it was supposed to be finished this
month, but it's running a month or two behind, for which we are being paid - will end up
generating a minimum of a hundred and twenty-five thousand dollars ($125,000) over the first
four years of the contract. This RFP calls for a three-year contract. If it's the will of the
Commission, I would like to proceed with releasing it with the caveat that we not accept any bids
exceeding the amount of money generated by the Olympia Building.
2 March 26, 1996
Mayor Clark: Mr. Plummer, you're right on top of this. Go ahead.
Commissioner Plummer: So that would be at no cost to the City.
Mr. Cook: Well, basically, the money that came from the Olympia Building - the hundred and
twenty-five thousand I'll use as an example - if the developer came in, or the manager of the
theater came in and said, "I bid a hundred thousand, and the City pays us a hundred thousand,
and we split from the City," and that hundred thousand would come from the hundred and
twenty-five thousand, but would be no money. Each year...
Commissioner Plummer: Mr. Clark, it's not just the revenue incoming. It's the idea they will
cut expenses to meet, that there is no subsidy by the City.
Mr. Cook: Yeah.
Commissioner Plummer: And you can cut expenses. And that's what I expect them to do, that
the City should not be obligated, where today, it's costing us a thousand dollars ($1,000) a day of
subsidy, that they will cut expenses proportionately, not to require any subsidy.
Mr. Cook: Yeah.
Commissioner Plummer: I so move the RFP.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Call the roll, Mr. Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-209
A MOTION DIRECTING THE ADMINISTRATION TO PROCEED TO ISSUE
REQUEST FOR PROPOSALS IN CONNECTION WITH THE MANAGEMENT OF
THE GUSMAN THEATER; FURTHER STIPULATING THAT THE
ADMINISTRATION SHOULD NOT ACCEPT ANY BIDS EXCEEDING THE
DOLLAR AMOUNT RECOMMENDED FOR SALE OF THE OLYMPIA BUILDING.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
3 March 26, 1996
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3. FIRST READING ORDINANCE: AMEND CODE ARTICLE XIII, CHAPTER
2 (STANDARDS FOR CREATION / REVIEW OF BOARDS) -- PROVIDE
THAT ALL BOARD MEMBERS WHO RECEIVE REMUNERATION FROM
THE CITY SHALL TAKE AN OATH / AFFIRMATION THAT HE/SHE WILL
SUPPORT / PROTECT / DEFEND THE CONSTITUTION AND LAWS OF
UNITED STATES AND STATE OF FLORIDA.
Mayor Clark: Thank you, sir. On item number 1-A, Mr. Carollo is not here, so we'll wait till he
gets here.
Commissioner Plummer: I move 2.
Mayor Clark: Two is offered by Mr. Plummer. Is there a second?
Vice Mayor Gort: That's the ordinance.
Commissioner Plummer: It's an ordinance.
Vice Mayor Gort: Yes. Second.
Mayor Clark: Roll call, Mr. Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY, TO
PROVIDE THAT ALL MEMBERS OF CITY BOARDS WHO RECEIVE
REMUNERATION FROM THE CITY SHALL, BEFORE ENTERING UPON THE
DUTIES OF OFFICE, TAKE AND SUBSCRIBE TO AN OATH OR AFFIRMATION,
TO BE FILED AND KEPT IN THE OFFICE OF THE CITY CLERK, THAT HE OR
SHE WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION AND
LAWS OF THE UNITED STATES AND OF THE STATE OF FLORIDA; MORE
PARTICULARLY, BY ADDING NEW SECTION 2-437 TO SAID CODE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
4 March 26, 1996
L--
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.
----------------------------------------------------------------------------------------------------------------
4. AUTHORIZE MANAGER TO EXECUTE LEGAL DOCUMENTS WITH
FLORIDA HOUSING GROUP, LTD., IN CONNECTION WITH
RESTRUCTURING OF CITY'S SECOND MORTGAGE ON RESIDENTIAL
PLAZA AT BLUE LAGOON HOUSING PROJECT (N.W. 7 STREET AND
N.W. 57 AVENUE) -- AUTHORIZE DEFERMENT OF LOAN PAYMENTS
FOR FIVE YEARS -- AUTHORIZE MANAGER TO SUBORDINATE
EXISTING SECOND MORTGAGE TO NEW SECOND MORTGAGE
($600,000) -- FROM PRIVATE FINANCIAL INSTITUTION, SUBJECT TO
TERMS REQUESTED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- EXECUTE PLAN FOR PROPERTY ADJACENT
TO PROJECT SITE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 3 is recommended by the Manager. I move it.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission?
Commissioner Plummer: Of course you can.
Mayor Clark: Go ahead. Give us your name for the record.
Mr. Gonzalez-Goenaga: Good afternoon, Commissioners. My name is Manuel Gonzalez-
Goenaga. My address is 2469 Southwest 14th Street. And I am going to speak against this for
one particular reason. This is kind of voodoo accounting. The basic issue is that there has been
illegal payments made by the City of Miami to the Florida Housing Group, and now, HUD
(Department of Housing and Urban Development), after an audit, denied them. And we have to
pay directly or indirectly. Remember that in the principal amounts of these honorable
developers, who are very wealthy, their personal signature was not included. I would not
approve - and I thought, yes, because I cannot approve anything here, because we have here five
Commissioners. One is away in Tallahassee, but three votes are needed from the Three
Muskateers. But remember, Commissioners, that you are in a fiduciary capacity. You were
elected to preserve the money of the citizens. It does not belong to you. Every single penny that
is out spent here or is not properly spent is not out of your own pockets. And the fiduciary
capacity of you people are stronger than spending the money of your heirs. And this is going on,
and on, and on, and on, because the City Manager, who you know he is the graduate, and still,
you have full confidence in him, Mr. Plummer? Shame on you.
Mayor Clark: Sir, no...
Mr. Gonzalez-Goenaga: Shame on this Commission. Thank you very much.
Mayor Clark: Thank you. All right. Mr....
Commissioner Plummer: I moved it, Mr. Mayor. If Mr. Goenaga has any information of
criminal wrongdoing, the proper place to take it is the State Attorney's Office, not here for a
publicity stunt.
Mayor Clark: Is there a second?
5 March 26, 1996
Vice Mayor Gort: For discussion, second it.
NOTE FOR THE RECORD: Commissioner Carollo enters the
Commission c am er at 3: 4 p.m.
Commissioner Plummer: Item number 3, Joe.
Mayor Clark: It's to move it.
Commissioner Carollo: But what motion have you made, Commissioner?
Commissioner Plummer: Motion to approve it.
Vice Mayor Gort: Second, for discussion.
Commissioner Plummer: Item 3 is on the... I'm sorry.
Mayor Clark: Discussion.
Commissioner Plummer: Under discussion, sure.
Vice Mayor Gort: You are to provide the study. Are you going to come to us and provide us a
list of how the payments are going to be made and how the... I understand the deferred payment.
My question is, the City should be paid, the City, four hundred fifty-four thousand five -fifty,
which should be applied...
Mr. Elbert Waters: Five hundred... I'm sorry, sir.
Vice Mayor Gort: OK. I'm looking at the document you all...
Commissioner Plummer: Five -five -four.
Mr. Elbert Waters: Five hundred fifty-four thousand, sir.
Vice Mayor Gort: Right. Which should be applied as follows: 50 percent; two twenty-seven
two seventy-five towards the principal of the four million five forty-seven. Would you explain
that to me.
Mr. Waters: In 1987, the HODAG (Housing Development Action Grant)...
Vice Mayor Gort: The question that we always asked, how are the payments going to be made
and so on.
Mr. Waters: OK. A portion of it, fifty percent of the payment, which equates to two hundred
and seventy-seven thousand two seventy-five, that's towards the principal. The other portion
that... The HODAG was a grant and loan. So a portion of it is being applied towards the
principal of the loan aspect. The other relates to the grant.
Mayor Clark: Any further discussion?
6 March 26, 1996
Commissioner Plummer: Mr. Mayor, let me...
Commissioner Carollo: Yes.
Commissioner Plummer: Let me go on the record, because, as you know, I did, in fact, have
some great concern about this, and I still do. I still question whether or not... how things are
done with the Federal government. It simply is that this application was presented to HUD, they
approved it, they came to the City, we approved it, the City states that they did everything that
was called for by City statutes and regulations. And then out of the clear blue sky, HUD comes
back and says, "We disapprove it." I don't understand that. And I'll tell you, I was prepared at
the last meeting to just file a lawsuit against HUD. But sometimes, you can cut your nose off to
spite your face. And I'm told that if we do that, we'd possibly put the City in danger from
further funding from HUD. And God knows, I don't want to be responsible for that. That's why
I moved it.
Commissioner Carollo: Well, the bottom line is, Mr. Mayor, the Administration is
recommending this. Correct?
Mayor Clark: Yes, sir.
Commissioner Plummer: Correct.
Mr. Waters: Yes.
Commissioner Carollo: Now, has the Manager fully given his blessing to this?
Mr. Waters: Yes.
Commissioner Carollo: Wally?
Mr. Waldemar Lee (Assisant City Manager): Yes, sir he has.
Commissioner Carollo: OK. Well, I think we've kicked this around for some time now. And
I've expressed my feelings at the last two meetings, I believe. I have some great reservations on
this. But I'm going to go along with the Manager's and the Administration's recommendation,
and if at some time in the future, the expectations that we have been promised by you, and the
assurance that we have been given are not so, I assure you that we're going to be bringing this up
again, and you are going to be holding the bag, and not this Commission.
Mayor Clark: Call the roll, Mr. Clerk.
Vice Mayor Gort: Also, my understanding is this note has been signed by the three principals,
personally. Am I correct?
Mr. Waters: Yes, sir.
Commissioner Plummer: That's correct.
Vice Mayor Gort: Thank you.
Mayor Clark: Call the roll.
7 March 26, 1996
k�
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-210
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROPRIATE LEGAL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH FLORIDA HOUSING GROUP, LTD., IN CONNECTION WITH
THE RESTRUCTURING OF THE CITY'S SECOND MORTGAGE ON THE
RESIDENTIAL PLAZA AT BLUE LAGOON HOUSING PROJECT, LOCATED AT
NORTHWEST TTH STREET AND NORTHWEST 57FH AVENUE, MIAMI,
FLORIDA; AUTHORIZING A DEFERMENT OF PAYMENTS ON THE CITY'S
LOAN FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS; AUTHORIZING THE
CITY MANAGER TO SUBORDINATE ITS EXISTING SECOND MORTGAGE TO A
NEW SECOND MORTGAGE, IN AN AMOUNT NOT TO EXCEED $600,000, FROM
A PRIVATE FINANCIAL INSTITUTION SUBJECT TO CERTAIN TERMS AND
CONDITIONS IN ORDER TO SATISFY THE $554,550 WHICH IS BEING
REQUESTED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AUTHORIZING THE SALE OF THE CITY OF MIAMI'S NOTE,
IF DEEMED APPROPRIATE; AND FURTHER DIRECTING THE CITY MANAGER
TO EXECUTE THAT CERTAIN PLAT FOR THE PROPERTY ADJACENT TO THE
PROJECT SITE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
---------------------------------------------------------------------------------------------------------------
5. ESTABLISH FOUR-YEAR PLAN FOR HIRING 200 ADDITIONAL SWORN
MIAMI POLICE OFFICERS.
Mayor Clark: Back to item number 2 - 1-A, rather.
Commissioner Plummer: One -A, Joe Carollo's.
Mayor Clark: One -A. Mr. Carollo, you have the floor.
Commissioner Carollo: That's correct, Mr. Mayor. Thank you. I see the Chief is here, and
several of the representatives from the Police Department. I also see Mr. Cotera from the FOP
(Fraternal Order of Police) that's here. So I think we're well represented from the Miami Police
8 March 26, 1996
Department here. Mr. Mayor, the reason I'm bringing this item up is for the following reasons.
Back in 1988, there was a Miami Police Department Needs Assessment, an assessment as to the
needs for the future of the Miami Police Department until the year 2000. This was back when I
believe Chief Anderson was the Police Chief. In that assessment, the manpower needs of the
Police Department into the future were as follows: 1,150 police officers in 1988, which, I
believe, that's the amount that we had budgeted for 1988. For 1989, the assessment was that we
should have 1,173 sworn police officers; for 1990, 1,196 sworn police officers; 1991, 1,219
sworn police officers; 1992, 1,242 sworn police officers; 1993, 1,265 sworn police officers;
1994, 1,288 sworn police officers; for 1995, 1,311 sworn police officers. And then it just
jumped five years into the future into the year 2000, and the projection was 1,436 police officers
was the assessment need by this report from the Miami Police Department for the year 2000.
Now, the actual numbers that we've been having... And I don't know if you recollect or not, J.L.
You and I were the only ones that were here back in '87. Of course, Miller was here, too, but
he's not present right now. I'm sure he'll be here shortly. We had talked about bringing the
Police Department from 1,150 officers to 1,350, present day. Let me go into the history of
what's happened. In 1988, we had approximately 1,150 sworn police officers budgeted. In '88,
that went down to 1,095. In 1990, it came down to 1,080; '91, 1,069; 1992, 1,024; 1993, 1,059;
1994, 1,078; 1995, 1,000. And beginning in this year, we were under 1,000. In fact, today, we
are at approximately 990 sworn police officers in the streets. And if we are to include an
academy class that we presently have going now that has not graduated, and they're not sworn,
they're not in the streets yet. If they all graduate and we do not lose any other police officers to
retirement or any other reasons, that would bring us up to 1,008, well under our goal of at least
1,311 for 1995, the assessment that the Miami Police Department had made of what we needed
for 1995. The amount of positions that were budgeted for in this fiscal year - and Chief, correct
me if I'm wrong on this - is 1,015. Correct?
Chief Donald Warshaw: That's correct.
Commissioner Carollo: OK. Now, at the same time, the Federal government, through the Cops
Universal Hiring Program, has given the City of Miami up to nine million dollars ($9,000,000),
has awarded us up to nine million dollars ($9,000,0000), out of which we can use up to six
million of that to hire additional new sworn police officers. In order for us to be able to use any
of that money whatsoever, we have to have a minimum of 1,060 police officers hired, sworn
police officers hired from our own funds. Then the six million kicks in that we can hire
additional sworn officers using these government funds. I believe it was back in 1995 that the
contract was signed, one of the last contracts, with the Federal government and the City
Administration - I believe it was the Manager himself that signed it - had to agree that we would
have 1,060 officers, I believe it was, to be on board for us to kick in these federal funds. Now,
the federal funds work in the following way. In the first year, I believe they will pay
approximately 75 percent of the salaries of the individual officers. The second year is a little
less. The third year is less, and I believe the fourth year is when we have to cover the full salary.
What I am seeing is that this is exactly what this City needs to bring the level of safety and
security in our streets to where it should be. The Federal government is giving us the help that
we need, so in the fourth year, we would have found, through growth and proper management,
sufficient funds so that the City of Miami can pay those new officers that were hired on our own.
At the same time, obviously, if we were to hire 150, 200 police officers, all in a very quick time,
that would not be possible. And we do not want to run into some of the problems that we are
aware of in the past. What I am suggesting is that we come up with at least a four-year plan for
now where we will hire an additional 200 police officers, minimum in the next four years that
will increase the sworn police officer strength to 20 percent, in addition of what we're allocated
to have today of 1,015. And when I say "hire," I don't mean just to hire 200, and if we have any
attrition, we don't hire on those. What I'm talking about is that we keep the 1,015 sworn
positions that we have at all times filled, and allocate an additional 200 positions that this
Commission would make it a policy decision that we are to have, and it would work in this way.
9 March 26, 1996
k,
4:..:>
In the remaining six months of the fiscal year that we have now, ending the end of September,
we would hire an additional 50 police officers. Obviously, those will not all be hired at one
time. So in essence, it will end up costing us for the remaining fiscal year approximately a
million dollars ($1,000,000) at most, a little over a million dollars ($1,000,000). For each 20
police officers that we hire, it costs about a million dollars ($1,000,000). So if we're hiring 50,
that's two and a half million dollars. But half the fiscal year has been gone. And we're not
going to be able to hire them all right away. So that's why I'm saying that at most, it should cost
only a million dollars ($1,000,000), maybe less, to hire those remaining 50 for the remaining six
months of this fiscal year. What that will do is bring us up to the 1,060 that is the minimum that
we need to kick in the federal funds. And what I'm talking about, gentlemen, is that we hire up
to the 1,015 that we are allocated in our budget to hire. If anyone doesn't make it through the
academy, if we lose any other officers for whatever reason, that's not going to count against the
additional 50 that we need to hire. We keep hiring those, plus the additional 50 that I am
proposing. And then once that kicks in at the end of the fiscal year, September 31st, we have
1,065 police officers on board, and we need 1,060 to comply with the federal government's
guidelines for the Cops Programs. Then for the additional year, I propose that we hire an
additional 50 sworn officers per year, or we allocate, to rephrase it, an additional 50 slots of
sworn officers per year for the three remaining years, whereas we will finish in the fourth year
with a total of 1,215 sworn positions to be filled in the Miami Police Department. Still way
below the assessment that the Miami Police Department made several years back of the level
that we should be at the year 2000 of 1,436 sworn police officers. I can give you some
additional figures that would back some of these numbers that they have here. The daytime
resident population that we have in the City of Miami is 358,000 plus of Miami City residents.
We all know that's a very low figure. It's probably closer to 400,000. Nevertheless, that's the
one we're going by on the official census, the last census we've had. We have an additional
non-residents work force of in excess of 275,000. We have approximately 30,000 tourists. We
have approximately another 13,000 seasonal residents, and we have approximately 140,000 to
150,000 non-resident shoppers that are, in daytime hours, in our City. So here you have in
excess of 800,000 people in daytime being inside the City of Miami. If we were just to use our
nighttime, only our nighttime population and use the smallest figure that we could use, it would
be at least 400,000. And that's really a low figure. If you use the national average of three
officers per 1,000 residents, just at nighttime alone, that means that we should have a minimum
of 1200 police officers on board. We don't have that. And obviously, in daytime hours, we need
much more than that. And I'm sure that those were the methods that were used by the Miami
Police Department, besides others, in how they came about that by 1995, the manpower needs
were to be 1,311 sworn officers, and by the year 2000, 1,436. The main reason why we exist as
a Commission is for the protection of life and property in the City. And I believe that's our main
responsibility. So if, Mr. Mayor, you think it appropriate, I would like to make a motion based
upon what I've stated. If you would like to discuss it before I make a motion, I will heed
whatever you suggest, Mr. Mayor.
Mayor Clark: All right. First of all, Chief, do you have any response?
Chief Donald Warshaw: No. The numbers that Commissioner Carollo refers to are accurate
numbers. The only thing I'd like to add to was the 1,060 number so you'd understand how that
came about. When we applied for Federal monies, at the time of application, we had to tell the
Federal government what our sworn staffing was on that date, and then sign a sworn statement
that the money would be used to fund positions only over and above that budgeted number.
Unfortunately, what happened in the interim, in May of 1995, we lost those 80 or so police
officers as a result of the early retirement incentive program, which dropped our numbers from
somewhere in the area of 1,090, and with attrition, we actually went under a thousand. So the
Federal dollars that we have, we really can't spend until, in reality, we're hiring the 1,061st
officer. All right. So we have a ways to go now. Right now, we are aggressively recruiting and
hiring. We've recently hired some certified officers. We've got almost 2,000 applicants who
10 March 26, 1996
k,
are about to take a test, I think, in April, next month. So we're on our way towards the goal of
reaching that 1,060, as Commissioner Carollo mentioned, this year, for 1996. And that would
then enable us to begin to use the Federal dollars.
Mayor Clark: Mr. Plummer.
Commissioner Plummer: Well, Mr. Mayor, no one can argue with the fact that you want more
safety on your streets. There's a number of things that have to be taken into consideration and
history has to be repeated. As the Chief just said, we had 1,080 - I think it was 1,086 - prior to
early retirement, if I'm not mistaken. It was right in that ballpark. You also have to remember
under normal circumstances, for whatever reason, you have about five to six terminations a
month, whether through retirement or for whatever reason. And I think one of the biggest things
that has to be remembered is that recruitment is extremely difficult, at best, and expensive, at
least. We're spending today almost ten thousand dollars ($10,000) per applicant to process, to
get one into the academy. There's another factor. When the Police Department put this wish list
together for what they would like to see by the year 2000, I think those numbers were very
correct. But I think also that times have changed, and I think that times have changed to this
extent. Back at that time, PSAs - Public Service Aides - were were not certified by State statute
to do report writing, which they are today. I think anybody would really up and tell you very
quickly that about 50 percent of a policeman's time is spent writing reports. And here, if we can
increase the PSAs, which are seventeen thousand dollars ($17,000), as opposed to a police
officer's salary, because they receive no perks, and relieve the policeman from doing all of this
secretarial work, and putting them out to fight crime, for which they were hired, I think that has
to go hand in hand with this recruitment of new policemen. I think another thing that has to be
remembered is, is that under these Federal guidelines, that not only does it avail for police
officers, but it also avails for civilians that can be put into the Police Department. And there
again, Joe, one of the things that happened while you were gone, when money was tight, money
was rough. They had to take and get rid of some of the civilians in the Police Department, and to
cover the same chairs and the same desks, they had to bring policemen in off the street to do the
work that civilians were doing. And unfortunately, those policemen on desk have never been put
back out on the street to, in fact, be replaced by a civilian. So I don't see this as a very narrow
scope. Joe, there's no question. I think, budget permitting, and availability of funds, everybody
wants to see safe streets. I would be happy to second your motion, but it does have to be with
the proviso that financial feasibility can be met. And that's all I have to say.
Commissioner Carollo: J.L., you've made some very good points. This is why I only limited
the amount of increase of sworn police officers to 50 per year. And I wanted to leave some room
there to hire some additional PSAs. Maybe we could hire another 25 per year in addition to the
50 police officers. And with these numbers that I presented to you, by the year 1999, we would
still only have had 1,215 police officers, sworn, working for us. So these are very, very
conservative numbers. And frankly, that's over 200 plus officers short than the projections that
we had back in 1988. And we all know just how much Miami has grown. I mean, any one of us
could go out in the streets, and we see our police officers reacting to crime, going from one call
to another. Why? Because there are not enough of them in the streets. I'd Iike to see our police
force with sufficient manpower so we could also combat a lot of the quality of life crimes that
we have in our streets. So many times do I see, in many of our neighborhoods, people that are
drinking publicly, selling crack in the streets, many of our neighborhoods have other problems,
including open prostitution in the streets. And I find it difficult to watch some of our cruisers
have to go by and not be able to stop and question those people and possibly make arrests,
because they're on their way to another call, and they can't. And no matter how good of a face
we want to put into this, the bottom line is that Miami is a major international City, and if we are
to have the quality growth in the future that we need for this City to be a vibrant City, for this
City to be able to provide all the services - not just police service - that we need to provide to our
citizens, then we have to have the security in our streets, in our neighborhoods, in our business
11 March 26, 1996
k.,
woo
sections, so that people will come and shop in our City, that tourists will feel safe in our City,
that our own people will feel safe in our City, and that the investments that we need in our
neighborhoods in downtown Miami will come. And don't kid yourselves. It will only come if
we provide the security and safety that is required and needed.
Mayor Clark: All right. You want to say anything, Mr. Cotera?
Mr. Al Cotera: Yeah, real quickly. I'd like to thank the Commission for their interest in the
Police Department. It's very important. And I really cannot argue against the issue of more
police officers. That is true. Unfortunately, though, as we all know, we were put into a position
where we had to basically ask 60... Well, we really asked over 100 police officers if they would
be willing to retire in order for us to meet budget. We're still working - the City is - off of the
same budget that it had back in 1988, seven years later. As we all know, the costs have gone up.
There is also something that I didn't hear you mention, and I want to throw in there, that we are
due a contractual pay raise in January of'97, and I hope somebody remembers that number.
Commissioner Carollo: And Al, if I could say this to you. I don't think any raise to the Police
Department should be tied in, in keeping the number of sworn police officers down.
Mr. Cotera: Well, the raise was... Well, let's just say that we do have a contractual pay raise
that was negotiated. I think that, as I have stated here before... And I know that the focus
usually is on the Police Department and the size. And believe me, I can't think of anyone in
staff that isn't fighting for more police officers in their division. I mean, that's just a reality, like
every sergeant would like more, and every lieutenant would like more. I have to deal, though,
with the economics of it. And when I go to my members and go, "Do you guys want more
policemen or you want a pay raise?" I don't think I have to give anybody what their answer is.
So those are realities that I have to look at, in the same way that, I think, the Commission is
forced into a situation to look at the politics versus the costs involved in running a major city like
this. We're all trying to squeeze more out of the orange, and sometimes we just get down to the
rind. I just... Like I said, you're not going to get any kind of argument from anyone not to hire
more policemen. We just have to keep in mind that there are some contractual obligations to be
met, and the fact of the matter is... Like in 1994, we had a four hundred million dollar
($400,000,000) drop in valuations. Just the other day, we're told that we're expecting another
drop in the valuations for ad valorem taxes, which means that your revenues have been going
down. We need to compare revenues from 1988 to revenues in 1995, and get a better idea, you
know. We would all like to live in bigger houses. We would all like to, you know, drive nicer
cars. It's a matter of what we can afford. And I think that all of us - the Commission, the
Administration, both here at City Hall and the Police Department - are striving and trying to
work together to get the most of what we can for, you know, the number of dollars that are
available. Thank you.
Mayor Clark: Thank you, Al. Yes, sir, a few words from you, sir.
Mr. Manuel Gonzalez-Goenaga: Yes. Maybe the most material words. You must realize... I
fully agree with what Mr. Carollo said. And what Mr. AI Cotera said, he said it, and it's
recorded. Money, money, money. And what he fails to realize is that a policeman is public
service. And the City of Miami policemen, ladies and gentlemen and Commissioners, are better
paid, on average, than Metro police, than Florida Highway Patrol police, and we are... in another
area, on sensitivity, the worst. That's why the financial statements are eighty-two million dollars
($82,000,000) claims. And my lawsuit has not been filed yet.
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: Thank you. Yes, sir.
12 March 26, 1996
k,- -
Mr. Husaim-Iddin Lateet: Yes. I would just like to address something that Mr. Carollo alluded
to. It's the idea of the drugs on the street. That is a serious problem. But it is also a social
problem that needs to be dealt with, and an economic problem...
Unidentified Speaker: That's correct.
Mr. Lateet: ... in our community of Overtown. The only economics in Overtown is drugs.
That's the only economics over there, is drugs. I live over there. I stay there every day. And
what I'm saying to you is, the other day, when we was here asking for support and getting jobs
for those people, and helping those people, we got a deaf ear. So to put police on homeless
people is a problem that we need to deal with. That... Our community is paying the price for the
total success of this whole Dade County. Everybody is making money in our misery. We got
homeless shelters that we can't even get in because people coming from overseas are in there.
Our people can't even get jobs in a shopping center that is built right across the street, because
people are working from someplace else. So when you deny our people a chance to make a
living for themselves, and then you turn around and say, "Well, we're going to put the police on
you," something is wrong. And I'm saying we need to deal with that. And I'm not saying that
we don't support the police. I love... We want to support the police 100 percent. But at the
same time, let's give the people a chance. Thank you.
Mayor Clark: Thank you, sir. All right. Call the roll, Mr. Clerk.
Commissioner Carollo: Hold on, Mr. Mayor. I want to clarify the motion that we have, and
make sure that we get a second.
Mayor Clark: All right. Go ahead.
Vice Mayor Gort: Excuse me. I got a question.
Commissioner Carollo: Yes, Mr. Gort.
Vice Mayor Gort: My understanding is, from what was stated here today, we will not receive
the Federal cops aid unless we have 1,060. That's the only time it will kick in.
Chief Warshaw: That's correct.
Vice Mayor Gort: Now, the aid that we receive, how many more officers will be put into the
street for the next three years? And I understand we'll have to pay on the fourth year.
Commissioner Carollo: It would be over a hundred more, Chief, wouldn't it?
Chief Warshaw: Correct. Seventy-five.
Vice Mayor Gort: Seventy-five. OK. Thank you.
Commissioner Plummer: Supposedly...
Commissioner Carollo: Now, when you say 75, Chief, that's based on what number? Because if
we have six million that's there now...
Chief Warshaw: Ask me the question again. I might have misunderstood you.
Commissioner Carollo: The question was, as I understood it, how many more officers can we
place in the streets with the monies that we have allocated now for more officers? I understand
13 March 26, 1996
k,r-
it's six million. And I think it cost approximately fifty thousand dollars ($50,000) per year per
officer. So in my estimation, I think it's going to be well over a hundred but... And that is,
Commissioner, taking into account that we might be getting more funds, and most likely, we'll
get additional funds.
Commissioner Plummer: Willy.
Vice Mayor Gort: Actually, that was my question. If we come up to 1,060, we get some
additional grant. And how many more officers will be after the one -sixty?
Chief Warshaw: And although we don't have it yet, once the budget appropriations bill, if it
ever gets through Congress, we are in line for more monies. So, you know, we could see easily
over a hundred more officers with monies that we anticipate getting. But the ten -sixty number is
the number that we need to kick into before we can use it.
Commissioner Plummer: The original proposal from Washington showed 81 police officers and
43 civilians. That was the original kick in.
Chief Warshaw: That's what we've gotten so far.
Commissioner Plummer: Yeah.
Chief Warshaw: Right. But there's more.
Commissioner Plummer: You better keep your fingers crossed that with the games they're
playing in Washington, you don't lose it all.
Commissioner Carollo: But the bottom line, Commissioners, is that after receiving this Federal
help for three years, if, by the year 1999, we're not in sufficient good financial shape to be able
to pay for those officers that we need as a City on our own, then Miami is truly in trouble. So
MY...
Commissioner Plummer: Call the roll.
Mayor Clark: Anything further, Joe?
Commissioner Carollo: No, Mr. Mayor. My motion is that we bring up to the budget level of
1,015 police officers at the Miami Police Department, and that we allocate an additional 50
sworn positions for the remaining part of this fiscal year, and that in the following three fiscal
years after, '97, '98, '99, we hire an additional 50 or allocate an additional 50 sworn positions
for police officers where, at the end of the 1999 fiscal year, we would have 1,215 sworn police
officers. At the same time, I want to emphasize in this resolution that this does not mean that we
allocate the positions and we play the game that we all know has been played for years, that we
don't fill the positions and that management is playing games with the Police Department so that
positions don't get filled, to save money. So on paper, we have so many positions to be filled,
budgeted, but in reality, we're way under that. In the motion, Commissioner, I would like to add
that we will try to hire as many PSAs as we possibly can that would make sense in hiring, also,
besides the 200 positions of sworn police officers.
Mayor Clark: All right. That's the motion.
Commissioner Plummer: I second the motion, which, of course, has to carry with it, the proviso
is that there is financial feasibility to do such. I mean, that has to be.
14 March 26, 1996
k__
Mayor Clark: That's part and parcel.
Commissioner Carollo: And that we instruct the Manager that he finds the money. And I will
gladly help him find it. And if you want to make that part of the motion, I'll go along with that,
Commissioner.
Commissioner Plummer: Let me ask, how many are in the academy presently?
Chief Warshaw: Fifteen.
Commissioner Plummer: Fifteen.
Chief Warshaw: Yes, sir.
Commissioner Plummer: OK. Now, let's be honest with each other. OK? You got 15 in the
academy now. Joe would like to see it at another 50 before the end of this fiscal year.
Chief Warshaw: Yes.
Commissioner Plummer: No way in hell you're going to do it.
Chief Warshaw: Well...
Commissioner Carollo: Yes, Commissioner. Let me tell you how.
Commissioner Plummer: Wait, wait, wait.
Commissioner Carollo: And the Chief referenced what I said.
Commissioner Plummer: OK. You're giving the exam in April, is that correct?
Chief Warshaw: Yes, sir.
Commissioner Plummer: OK. Now, once you give that exam, to get 50 out of the academy
before the end of the year, you're going to have to put in nearly 80 to 90 - OK?
Chief Warshaw: Right.
Commissioner Plummer: ... because of the failure rate.
Chief Warshaw: And, Commissioner, you're right, except that this year, we were able, for the
first time, through a change in some of our rules, to be able to recruit certified officers. And we
had 99 certified officers apply, of which we've already sworn in six. We're about to hire another
ten. And we have...
Commissioner Plummer: OK. So they're not going through the academy.
Chief Warshaw: They'll go anywhere from 40 to 80 hours of in-house training. So we could
conceivably get another 30 or 40.
Commissioner Plummer: Well, I just don't want to play games. OK?
Chief Warshaw: You're right. For academy classes, it would be very difficult.
15 March 26, 1996
k,
Commissioner Carollo: Yeah. And you're absolutely correct for academy class. But this is how
we're going to go around it, J.L. Plus it's going to assure us that we're not only going to get a
much more professional, higher quality caliber police officer, but at the same time, someone
that's coming in, not as a rookie, but experienced police officers that have gone through the
green stage. And these are police officers that have been out there, who know what they're
doing, and we're going to have a very, very low chance that any of them might turn out not as
we expected in the future, because these are not rookies that are starting as police officers for the
first time. These would be police officers that came from other departments within Florida that
have been proven.
Mayor Clark: All right. If there's no further discussion, call the roll, Mr. Clerk.
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO. 96-211
A MOTION ESTABLISHING A FOUR-YEAR PLAN FOR THE HIRING OF
ADDITIONAL SWORN MIAMI POLICE OFFICERS; FURTHER DIRECTING THE
CITY MANAGER TO HIRE A MINIMUM OF 200 ADDITIONAL SWORN POLICE
OFFICERS WITHIN THE NEXT FOUR YEARS AS FOLLOWS:
FOR FISCAL YEAR 1995-1996, HIRE AT LEAST 50 OFFICERS IN ORDER TO
FILL THE 1,015 CURRENT POSITIONS PLUS 50 MORE TO HAVE A TOTAL OF
1,065 SWORN OFFICER POSITIONS BY THE END OF THIS FISCAL YEAR;
FOR FISCAL YEAR 1996-1997, HIRE AT LEAST 50 OFFICERS IN ORDER TO
FILL A TOTAL OF 1,115 SWORN OFFICER POSITIONS BY THE END OF THE
FISCAL YEAR;
FOR FISCAL YEAR 1997-1998, HIRE AT LEAST 50 OFFICERS IN ORDER TO
FILL A TOTAL OF 1,165 SWORN OFFICER POSITIONS BY THE END OF THE
FISCAL YEAR;
FOR FISCAL YEAR 1998-1999, HIRE AT LEAST 50 OFFICERS IN ORDER TO
FILL A TOTAL OF 1,215 SWORN OFFICER POSITIONS BY THE END OF THE
FISCAL YEAR;
FURTHER DIRECTING THE MANAGER TO IDENTIFY THE FUNDING SOURCE
FOR THE COST OF SAID ADDITIONAL POLICE OFFICERS; FURTHER
DIRECTING THE MANAGER TO HIRE ADDITIONAL PUBLIC SERVICE AIDES
(PSAs) IN ADDITION TO THE ABOVE -CITED 200 MIAMI POLICE OFFICERS, AS
NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS, IN ORDER TO FREE
SAID OFFICERS FROM WRITING REPORTS; AND FURTHER INSTRUCTING
THE ADMINISTRATION THAT EACH POSITION STATED ABOVE SHALL BE
FILLED, AND NOT MERELY BUDGETED AND MAINTAINED IN A VACANT
CAPACITY.
(Note for the Record: The Police Department will be able to use certain federal grant
monies for hiring police officers after the total number of sworn officers in the Miami
Police Department reaches 1,060.)
16 March 26, 1996
k,
f±11v.�f�
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
rJ
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Vice Mayor. Gort: From my understanding, that program is working very good. And I talked to
the.. Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Cotera: Thank you.
----------------------------------------------------------------------------------------------------------------
6. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO APPROVE, IN
PRINCIPLE, DESIGNATION OF RAFAEL HERNANDEZ HOUSING AND
ECONOMIC DEVELOPMENT CORPORATION (AS SPONSOR) TO
UNDERTAKE DEVELOPMENT OF AFFORDABLE RESIDENTIAL
HOUSING PROJECT ON BOBBY MADURO BASEBALL STADIUM SITE
(IN ALLAPATTAH NET SERVICE AREA).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item on the agenda, item number 4 has been withdrawn. Item number 5.
Commissioner Plummer: Four has been withdrawn?
Mayor Clark: So I see. Is that right, Wally?
Mr. Waldemar Lee (Assistant City Manager): No, sir. It was...
Commissioner Plummer: Well, wait, wait. Padre, hold on a minute. I'd like to know why it was
withdrawn.
Mr. Lee: Four was withdrawn.
Mr. Carlos Smith (Assistant City Manager): Commissioner, as you understand, last time,
another group and this group were here about this issue of the housing in Bobby Maduro
Stadium.
Commissioner Plummer: Right.
Mr. Smith: A couple of weeks ago, we thought that this had been worked out, and we scheduled
it for this meeting. Saturday, we learned that it's not worked out, and we heard yesterday, also,
that it's still not worked out. So we... The Manager decided to pull it.
rr.
17 March 26, 1996
k1-
Commissioner Plummer: All right. Mr. Smith, you know, I think it's unfortunate these people
took their time to come down here today. I, for one - and I'm probably going to say this for the
other Commissioners. Our next meeting is April the 25th, am I correct?
Mayor Clark: Yeah.
Commissioner Plummer: We're only having one meeting in April.
Mr. Smith: That's correct.
Commissioner Plummer: OK. This matter is being decided on that day. OK?
Mr. Smith: OK.
Commissioner Plummer: Now, I'm speaking for me, but I think all of us... I'm embarrassed that
these people came down here and had this item withdrawn.
Mayor Clark: Father, come up.
Father Jose L. Menendez: These are the people that I cannot stop. I am Father Menendez,
Corpus Christi Church, resident of Allapattah. And as you know, this is the second time here.
And I appreciate what you say, Commissioner Plummer, because the only thing that we want is
to finish, once and for all, with this issue of the Bobby Maduro. I'm not going to make money,
you're not going to make money, and we want that to be good for the people. I stopped half of
the people who were planning to come here. I said, "No, because that's been withdrawn." But I
noticed that Monday. Many of the people that I contact Sunday and Saturday, they were not
calling back. And I appreciate to finish this. And at least you know where the people are. And I
would like this to be as soon as possible.
Mayor Clark: Willy.
Commissioner Plummer: Next meeting.
Vice Mayor Gort: I think we... It has to be on the 25th, because I received a call from the
Miami Herald asking me about why it was deferred. I didn't know myself why it was deferred.
So I agree...
Commissioner Carollo: Well, can we be told by the Administration why it was deferred?
Mr. Lee: We just...
Mayor Clark: Willy has the floor.
Vice Mayor Gort: The Administration just stated the reason why they cut this.
Commissioner Plummer: Well, let me just make one other statement, if I may.
Mayor Clark: No, wait a minute. Joe has got the floor.
Commissioner Plummer: I'm sorry.
Commissioner Carollo: Well, I just want, for the record, so these people here will know why it
was deferred.
18 March 26, 1996
Mr. Gonzalez-Goenaga: Because Rafael Cabezas, one of Sergio... I mean one of Cesar Odio's
cronies, changed his mind, to give the... to try to give him the opportunity. That's the essence.
And let's be honest with ourselves.
Mayor Clark: Sir, please have a seat before we ask you to leave the room.
----------------------------------------------------------------------------------------------------------------
7. AUTHORIZE MANAGER TO EXECUTE SUBLEASE AGREEMENT WITH
ALL DADE TRAFFIC SCHOOL -- FOR USE OF SPACE AT 3802 N.W. 11
STREET -- TO PROVIDE OFFICE SPACE FOR FLAGAMI NET SERVICE
CENTER AND MINI POLICE SUB -STATION.
Commissioner Plummer: I move item 5.
Mayor Clark: Item 5 has been moved by Mr. Plummer.
Commissioner Plummer: NET (Neighborhood Enhancement Team) Office.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Second.
Commissioner Carollo: Hold on a minute. J.L., what...
Commissioner Plummer: A NET office, Joe.
Mayor Clark: Call the roll.
20 March 26, 1996
1r-
Mr. Smith: Commissioner, as I explained before, this item was to be discussed some
Commission meetings back, in two or three Commissions ago. There was a... Apparently,
another group was interested also in developing the Bobby Maduro Stadium. At that point in
time, the Commission, I believe, asked us to try to see if we could work things out. We thought,
about a couple of weeks ago, that the item had been worked out, the differences, and we placed
the item on the agenda. Saturday, while we were at the special Commission meeting, we learned
that it was not worked out yet. At that point in time, I informed the executive director that, still,
there were differences, and on Monday, I advised Father Menendez that it had been withdrawn.
Commissioner Carollo: Mr. Smith, what wasn't worked out, and what difference are you talking
about?
Mr. Smith: There are two groups involved, interested in developing...
Commissioner Carollo: We're aware of that, but are you saying that they had to get together?
Mr. Smith: That's basically what... I think the Commission asked us to try to work something
out so that either one of them went out, you know, withdrew, or that they work together.
Commissioner Carollo: Well, I will tell you now that I am not about to put a gun to this group or
any group's head and force them to have to sit down with another group, that maybe the bulk of
the people in the other group don't live anywhere near the City of Miami, and force them to have
to negotiate under the threat of a gun with another group. That's not the way we do things
around here, you know. If...
Mayor Clark: This item has been deferred. And you called for a deferral until the 25th of April.
Commissioner Plummer: April.
Mayor Clark: It will be one of the first items on the agenda in the morning, right after the
consent agenda, so you don't have to be here all day.
Father Menendez: Thank you. Thank you very much.
Mayor Clark: OK? All right, Father. Thank you all, folks. The item has been deferred, Mr.
Manager.
Commissioner Plummer: Why is the thing on April the 2nd up there?
Vice Mayor Gort: It's a special meeting.
A. Quinn Jones, III, Esq. (City Attorney): On the Maritime Board.
Commissioner Plummer: Oh, yeah, that's right. OK.
Mr. Gonzalez-Goenaga: Yes.
Mayor Clark: The item has been deferred.
Mr. Gonzalez-Goenaga: I know, but I want to know...
Mayor Clark: I said the item has been deferred. Please have a seat.
19 March 26, 1996
1,
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-212
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUBLEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH ALL DADE TRAFFIC SCHOOL, FOR THE USE
BY THE CITY OF APPROXIMATELY 1,354 SQUARE FEET OF SPACE LOCATED
AT 3802 NW 11TH STREET, MIAMI, FLORIDA, TO PROVIDE OFFICE SPACE
FOR THE FLAGAMI NET SERVICE CENTER AND MINI POLICE SUB -STATION,
FOR A PERIOD OF FOUR YEARS, COMMENCING APRIL 1, 1996 THROUGH
JUNE 30, 2000, AT AN ANNUAL FEE OF $1.00, SUBJECT TO TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE SUBLEASE
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins.
----------------------------------------------------------------------------------------------------------------
8. AUTHORIZE ACQUISITION OF 17 TRUCKS (12 PICKUP TRUCKS AND 5
CREW CAB PICKUPS) -- FROM MAROONE CHEVROLET (UNDER
EXISTING STATE OF FLORIDA CONTRACT 070-001-9601) -- ALLOCATE
FUNDS ($268,239).
Mayor Clark: Item number 5-A.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Why don't you second it, Willy.
Vice Mayor Gort: Didn't we move this already?
Commissioner Plummer: No.
Vice Mayor Gort: Second.
Commissioner Carollo: Item number 6?
21 March 26, 1996
Mayor Clark: Five -A.
Vice Mayor Gort: Second.
Mayor Clark: Any exception?
Commissioner Carollo: You sure you all want that money?
Commissioner Plummer: No, you're talking about 6, Joe. We're on 5-A.
Commissioner Carollo: You're on 5, OK.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-213
A RESOLUTION AUTHORIZING THE ACQUISITION OF SEVENTEEN (17)
TRUCKS (TWELVE PICKUPS AND FIVE CREW CAB PICKUPS) FROM
MAROONE CHEVROLET, UTILIZING EXISTING STATE OF FLORIDA
CONTRACT NO. 7-070-001-96-1, FOR THE NEIGHBORHOOD ENHANCEMENT
TEAM SERVICE CENTERS ("NET") AND THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, AT A TOTAL
PROPOSED AMOUNT OF $268,239.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT NO. 452164-940, IN THE AMOUNT OF $145,387.00, ACCOUNT NO.
580302-840, IN THE AMOUNT OF $109,635.00 AND ACCOUNT NO. 350506-840,
IN THE AMOUNT OF $13,217.00; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
22 March 26, 1996
k,
------------------------------------------------.----------------------------------------------------------------
9. ACCEPT DONATION OF $390,000 FROM MIAMI SPORTS AND
EXHIBITION AUTHORITY -- FOR REFURBISHING REST ROOM
FACILITIES AT ORANGE BOWL.
Mayor Clark: Item 6.
Commissioner Plummer: You want to move it, Joe?
Commissioner Carollo: Yes.
Commissioner Plummer: I'll second it.
Commissioner Carollo: I will move 6, but I need to amend the resolution to include the waiver
of formal procurement procedures where we would need the four -fifth vote for procurement on
an emergency basis. The reason for that is that we need these bathroom stalls fixed and repaired
in time for the Olympic Soccer Games that we're having in June.
Commissioner Plummer: I accept the amendment.
Commissioner Carollo: And for once, it's a true emergency.
Mayor Clark: All right. It's been moved and seconded. With no exception...
Commissioner Plummer: Remember, one Commissioner around here got defeated based on holy
johns.
Mayor Clark: Yeah. If there's no exception, cast a unanimous ballot.
23 March 26, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-214
A RESOLUTION ACCEPTING A DONATION IN AN AMOUNT NOT TO EXCEED
$390,000.00 FROM THE MIAMI SPORTS AND EXHIBITION AUTHORITY, SAID
DONATION TO BE USED FOR THE REFURBISHING OF THE REST ROOM
FACILITIES LOCATED AT THE ORANGE BOWL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
10. CLARIFICATION CONCERNING WITHDRAWAL BY M.J. ANDERSON
GENERAL CONTRACTORS, INC. OF THEIR PROTEST REGARDING BID
NO. 95-96-022, PROJECT NO. 6248, CITY OF MIAMI POLICE
DEPARTMENT BUILDING CONCRETE REPAIRS AND EXTERIOR
RESTORATIONS.
-----------------------------------------------------------------------------------------------------------
Mayor Clark: Item 7 has been deferred.
Ms. Judy Carter: No, sir, it has been withdrawn.
Mayor Clark: Withdrawn. All right.
Ms. Carter: Protest has been withdrawn.
24 March 26, 1996
k,
--------------------------------------------------------------------------------------------'-'---------•---------
11. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT
WITH MIAMI-DADE COMMUNITY COLLEGE -- FOR CITY'S
RENDERING OF IN-SERVICE FIRE TRAINING.
Mayor Clark: All right. Item number 8.
Commissioner Carollo: And, Commissioner, he still remembers, you never flushed on the gift
you gave him. So I hear, anyway.
Commissioner Plummer: Yes. I move 8.
Mayor Clark: Is there a second to 8?
Commissioner Carollo: Second.
Mayor Clark: Is there a second?
Vice Mayor Gort: Yes. Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-215
A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR THE
CITY'S RENDERING OF IN-SERVICE FIRE TRAINING, THEREBY EXTENDING
THE TERM OF SAID AGREEMENT FROM AUGUST 1, 1995 TO JULY 31, 1996;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET
OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT NO. 280201-180, FOR
PAYMENT OF STUDENT CONTACT HOURS, PURSUANT TO THE TERMS AND
CONDITIONS SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
25 March 26, 1996
L_
vV.St./L
� l
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
12. APPROVE PAYMENT ($7,500) OF ADMINISTRATIVE FEE TO FLORIDA
SHERIFFS ASSOCIATION AS A RESULT OF CITY OF MIAMI'S
UTILIZATION OF FLORIDA SHERIFFS ASSOCIATION COOPERATIVE
BID NO. 95-03-0925 -- TO PROCURE 200 1996 CROWN VICTORIA
PURSUIT SPECIFICATION VEHICLES -- ALLOCATE FUNDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 9.
Mayor Clark: Nine moved by Mr. Plummer. Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: It's the Highway Patrol payment. You seconded.
I
jCommissioner Plummer: Yeah.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: I don't know why we got to pay them a fee, but we obligated
ourselves.
26
March 26, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 96-216
A RESOLUTION APPROVING THE PAYMENT OF AN ADMINISTRATIVE FEE
TO THE FLORIDA SHERIFFS ASSOCIATION, IN THE AMOUNT OF $7,500.00,
SAID FEE ASSESSED AS A RESULT OF THE CITY OF MIAMI'S UTILIZATION
OF FLORIDA SHERIFFS ASSOCIATION COOPERATIVE BID NO. 95-03-0925 TO
PROCURE TWO HUNDRED (200) 1996 CROWN VICTORIA PURSUIT
SPECIFICATION VEHICLES (PURCHASED PURSUANT TO RESOLUTION NO.
95-770); ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 420902-
880, PROJECT CODE NO. 509000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------- --------------------------------------------------------------------------
13. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
CONCERNING CLAIM SETTLEMENT REGARDING KOSTMAYER
CONSTRUCTION COMPANY, INC., AND ITS ATTORNEYS, ROBERT J.
BRYAN AND GEORGE B. RECILE ($636,710.93).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 10. Please, item 10.
Commissioner Plummer: Mr. Mayor, I got a problem with item 10. I will not vote for paying
these people's attorneys. They can deal with their attorneys direct. I'll move it with paying off
the construction company, and they deal with their attorneys. I have nothing to do... I'm not a
collection agency for an attorney. As far as I'm concerned, I'll move to pay off the construction
company.
Mayor Clark: Is there a second to Mr. Plummer's motion? Is there a second.
Vice Mayor Gort: Wait a minute. Second for discussion.
Commissioner Carollo: I would like the Law Department... I mean, this is a hefty, hefty figure
we're talking about here.
Commissioner Plummer: Sure as hell is.
27 March 26, 1996
Commissioner Carollo: Six hundred and thirty-seven thousand dollars ($637,000) almost. No
one from the Law Department has contacted me to discuss this.
Commissioner Plummer: You want to defer it?
Commissioner Carollo: I really would, Commissioner.
Commissioner Plummer: I second the deferment.
Mayor Clark: Cast a unanimous ballot.
Mayor Clark: Cast a unanimous ballot.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER PLUMMER, ITEM 10 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
---------------------------------------------------------------------------------------------------------------
14. ACCEPT BID: MASTER EXCAVATORS, INC. ($814,416, TOTAL BID OF
PROPOSAL) -- FOR LE JEUNE STORM SEWER PROJECT, PHASE II, B-
5587 -- ALLOCATE FUNDS FROM CIP 352257.
Mayor Clark: Item number 11.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
28 March 26, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-217
A RESOLUTION ACCEPTING THE BID OF MASTER EXCAVATORS, INC., IN
THE PROPOSED AMOUNT OF $814,416.00, TOTAL BID OF THE PROPOSAL, FOR
"LE JEUNE STORM SEWER PROJECT, PHASE II, B-55871; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 352257, AS APPROPRIATED BY FISCAL YEAR
1994-1995 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED,
TO COVER THE CONTRACT COST OF $814,416.00 AND $125,654.00 TO COVER
THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$940,070.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
15. ACCEPT BID: GIMROCK CONSTRUCTION, INC. ($4,633,000, TOTAL BID
OF PROPOSAL) -- FOR MIAMARINA REDEVELOPMENT PHASE IV, NEW
PIERS, H-1.014D -- ALLOCATE FUNDS FROM CIP 413400.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 12.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Any exception?
Commissioner Carollo: None.
Mayor Clark: Hearing none, cast a unanimous ballot. Number 13.
Commissioner Carollo: OK. You're saying... Hold on. Twelve?
29 March 26, 1996
Commissioner Plummer: Yeah, 12.
Commissioner Carollo: Hold on, hold on, hold on. Wasn't there some kind of a...
Ms. Judy Carter: Yes, sir. Adorno and Zeder have withdrawn their protest.
Commissioner Carollo: They have withdrawn their protest?
Commissioner Plummer: Yeah.
Ms. Carter: Yes, sir.
Mr. Waldemar Lee (Assistant City Manager): Yes, sir.
Mayor Clark: OK.
Commissioner Carollo: Well, is there any reason why we need to approve this today and not on
the 25th?
Mayor Clark: To get the thing going. It's been...
Vice Mayor Gort: They got to get it built. They've been waiting for a while.
Mayor Clark: It's been hanging there for years.
Commissioner Plummer: Joe, you might make... Joe, you might make it subject to any
provision that you might have a concern about.
Commissioner Carollo: Well, this will be coming back for a second reading anyway, wouldn't
it?
Commissioner Plummer: That's... No, it's a resolution.
Commissioner Carollo: It's a resolution.
Mr. Lee: What will come back, Mr. Mayor and Commissioners...
Commissioner Plummer: The bid.
Mr. Lee: ... is the appropriation to the capital improvement.
Vice Mayor Gort: Yeah.
Commissioner Plummer: Right.
Mayor Clark: Call the roll, Mr. Clerk.
Mr. Lee: That will be coming to you the 25th.
Mayor Clark: Call the roll on number...
Commissioner Carollo: Or it...
Mayor Clark: Roll call on 12.
30 March 26, 1996
Commissioner Carollo: I just hope that we're not making a mistake like we did some years
back, and this time, the pillars will stay in the ground, and not be moving.
Mr. Lee: These are for real this time, Commissioner. They're 18-by-18 inch piling, concrete.
Commissioner Carollo: Well, this is what they told me the last time, Mr. Lee.
Mr. Lee: I was not here then, sir.
Commissioner Carollo: But if you're willing, along with the Manager, to bet your jobs on that,
I'll go along with it.
Mayor Clark: Roll call.
Commissioner Plummer: The bigger problem, Joe, was the fire system.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-218
A RESOLUTION ACCEPTING THE BID OF GIMROCK CONSTRUCTION, INC. IN
THE PROPOSED AMOUNT OF $4,633,000.00 TOTAL BID OF THE PROPOSAL,
FOR "MIAMARINA REDEVELOPMENT PHASE IV, NEW PIERS, H-10141)";
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 413400, AS APPROPRIATED BY THE FISCAL YEAR 1995-1996 CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, IN THE AMOUNT OF $4,633,000.00 TO
COVER THE CONTRACT COST AND $646,000.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $5,279,000.00 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
31 March 26, 1996
v
------------------ ----------------------------------------- -----------------------------------------------------
16. ACCEPT PLAT: LER SUBDIVISION.
Mayor Clark: Item number 13.
Commissioner Plummer: Where is 13? A general...
Commissioner Carollo: Hey, Chris, I don't even get a thank you?
Mr. Chris Korge: Thank you, Joe.
Commissioner Carollo: All right.
Mr. Korge: Nice to see you.
Commissioner Carollo: Good seeing you again.
Commissioner Plummer: Uh-oh. I don't like that. Give me a general idea of where this is.
Mr. Waldemar Lee (Assistant City Manager): Let me get it for you, Commissioner.
Mr. Lee: This is Southwest 8th Street at Southwest 36th Avenue on the west and Southwest 9th
Street.
Commissioner Plummer: 36th Avenue, that's the old doughnut place?
Mayor Clark: Yeah, around that area.
Vice Mayor Gort: No. It's across from the doughnut place.
Mayor Clark: 36th Avenue is a block off...
Commissioner Plummer: For replatting?
Vice Mayor Gort: You're looking at the north side of the street.
Commissioner Plummer: The north side of the street.
Vice Mayor Gort: The south side. The south side
Commissioner Plummer: The south side is the doughnut place. La Carreta is on the corner,
right?
Vice Mayor Gort: Yeah.
Mr. Lee: Yeah. They're not platting the corner here.
Vice Mayor Gort: La Carreta is behind it.
Commissioner Plummer: What are they replatting?
32 March 26, 1996
k,
Mayor Clark: Doughnuts.
Commissioner Plummer: From dollars to doughnuts. Oh, OK. All right. I move it, Mr. Mayor.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-219
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED
"LER SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE;
FURTHER, ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE SAID PLAT, AND PROVIDING FOR THE RECORDATION OF SAME IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
17. AUTHORIZE MANAGER TO SUBMIT APPLICATION FOR ASSISTANCE
TO FLORIDA INLAND NAVIGATION DISTRICT (FIND) -- FOR GRANT
FUNDING UNDER THE FIND WATERWAYS ASSISTANCE PROGRAM
($34,500) -- FOR MORNINGSIDE SEAWALL IMPROVEMENTS.
Mayor Clark: Number 14.
Commissioner Plummer: Move it.
Mayor Clark: Second.
Commissioner Plummer: We're getting money. Always take money.
Mayor Clark: Cast a unanimous ballot.
33 March 26, 1996
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-220
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION FOR ASSISTANCE TO THE FLORIDA INLAND NAVIGATION
DISTRICT ("FIND") FOR GRANT FUNDING UNDER THE FIND WATERWAYS
ASSISTANCE PROGRAM, IN THE ESTIMATED AMOUNT OF $34,500.00, FOR
MORNINGSIDE SEAWALL IMPROVEMENTS; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------- ----------------------------------------------------------------------------------
18. AUTHORIZE / EMPOWER / DIRECT MANAGER, CITY ATTORNEY, CITY
CLERK, AUTHORIZED OFFICIALS TO TAKE NECESSARY /
APPROPRIATE ACTIONS TO PROVIDE FOR COMPLETE DEFEASANCE
OF CITY'S SPECIAL OBLIGATION REFUNDING BONDS, SERIES 1990,
CONCERNING SALE TO METROPOLITAN DADE COUNTY OF OFF-
STREET PARKING FACILITY IN THE DOWNTOWN GOVERNMENT
CENTER.
Mayor Clark: Number 15.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Cast a unanimous ballot.
34 March 26, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-221
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING, EMPOWERING AND
DIRECTING THE CITY MANAGER AND HIS DESIGNEES, CITY ATTORNEY,
CITY CLERK AND ANY AUTHORIZED OFFICIALS TO TAKE SUCH ACTIONS
AND PREPARE SUCH DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS SHALL BE NECESSARY AND APPROPRIATE TO PROVIDE FOR
THE COMPLETE DEFEASANCE OF THE CITY'S SPECIAL OBLIGATION
REFUNDING BONDS, SERIES 1990, AS REQUIRED PURSUANT TO
RESOLUTION NO. 90-324, IN CONNECTION WITH THE SALE TO
METROPOLITAN DADE COUNTY OF AN OFF-STREET PARKING FACILITY
LOCATED IN THE DOWNTOWN GOVERNMENT CENTER; AUTHORIZING THE
DEPOSIT OF THE NET SALE PROCEEDS, AND THE DEPOSIT AND
EXPENDITURE OF ADDITIONAL MONIES, IN THE TOTAL AMOUNT OF
APPROXIMATELY $11,200,000.00, FOR SAID DEFEASANCE; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------- ----------------------------------------------------------------------------------------------------
19. ALLOCATE $13,000415,000 TO MIAMI SENIOR HIGH MARCHING BAND.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, we're moving into... Is the Manager back with any decision yet?
Commissioner Plummer: No, not yet. You want to do Zoning or you... Or can we do Zoning?
Mayor Clark: Yeah, we can do Zoning. It's after four o'clock.
Commissioner Carollo: What time is Zoning at? Four.
Commissioner Plummer: Or you want to do pocket items?
Mayor Clark: Let's do the pocket items. Now, listen very close. I got one to introduce early.
I'd like to introduce to the City Commission a pocket item dealing with the Miami Senior High
Marching Band. Now, we've got a lot of graduates up here, I think three of them.
35 March 26, 1996
E'VJli�iY�
Commissioner Plummer: You're looking at one of them... two of them.
Vice Mayor Gort: Two of them.
Mayor Clark: No, three of them. They want... They're short, and they'd like to get a resolution.
Commissioner Plummer: How much, Mr. Mayor?
Mayor Clark: Thirteen to 15 grand.
Commissioner Plummer: I second the motion.
Mayor Clark: Call the roll.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 96-222
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO THE MIAMI
SENIOR HIGH SCHOOL JAZZ BAND TO ENABLE SAID ORGANIZATION TO
ATTEND THE MONTREAUX JAZZ FESTIVAL IN SWITZERLAND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
36 March 26, 1996
1�—
----------------------------------------------------------------------------------------------------------------
20. CONFIRM RESOLUTION 89-828 -- ESTABLISH THE FLAGLER / CORE
AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT.
Mayor Clark: A pocket item by Mr. Gort.
Vice Mayor Gort: Yes, sir. I have one here which I would like to bring it up as a pocket item of
March 26, 1996. You all have copies of the City Commission resolution which is attached,
confirming Resolution Number 89-828 on September 14, 1989. That's a resolution for the
Downtown Special Assessment District.
Commissioner Plummer: Second.
Mayor Clark: Read the item.
Vice Mayor Gort: A resolution... Do you have a copy here?
A. Quinn Jones, III, Esq. (City Attorney): Resolution. It's an ordinance.
Mayor Clark: Is it a resolution or a...
Commissioner Plummer: Yeah, it's... No, it's a resolution.
Mayor Clark: Cast a unanimous ballot then, Mr. Clerk.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-223
A MOTION CONFIRMING RESOLUTION NO. 89-828, ADOPTED SEPTEMBER 14,
1989, ESTABLISHING THE FLAGLER/CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
37 March 26, 1996
k--
----------------------------------------------------------------------------------------------------------------
21. GRANT REQUEST FOR POLICE FEE WAIVER CONCERNING CUBAN
MUNICIPALITIES FAIR (APRIL 11-14, 1996) AT FLAGLER DOG TRACK
(NOT TO BE CONSIDERED AS ONE OF TWO TEMPORARY SPECIAL
EVENTS PERMITTED PER SITE PER YEAR PURSUANT TO ORDINANCE
11000).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Gort, you got another pocket item?
Vice Mayor Gort: Yes, sir.
Mayor Clark: Flagler Dog Track. Move it.
Commissioner Plummer: What is it?
Vice Mayor Gort: It's in relation to the Cuban Municipality Fair to be conducted by the Express
Corporation...
Commissioner Plummer: I got it here.
Vice Mayor Gort: ... on April 11 through 14, 1996, in the grounds on Flagler Dog Track.
Mayor Clark: It happens every year. Second the motion?
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
38 March 26, 1996
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-224
A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE
CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON
APRIL 11-14, 1996, ON THE GROUNDS OF THE FLAGLER DOG TRACK;
AUTHORIZING THAT SAID FAIR SHALL NOT BE CONSIDERED AS ONE OF
THE TWO TEMPORARY SPECIAL EVENTS PERMITTED PER SITE PER YEAR
PURSUANT TO SECTION 906.9 OF ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER,
WAIVING POLICE DEPARTMENT SURCHARGE FEES FOR SAID EVENT;
CONDITIONING SAID AUTHORIZATION AND WAIVER UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
22. GRANT REQUEST FOR USE OF WYNWOOD AND HADLEY PARKS FOR
EXHIBITION AMATEUR BOXING BETWEEN US AND RUSSIA (JUNE 13,
1996) -- WAIVE FEES FOR DINNER KEY AUDITORIUM (JUNE 17, 1996) --
ALLOCATE $8,000 FOR SECURITY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Gort, you got another pocket item. Amateur boxing.
Vice Mayor Gort: That's it.
Commissioner Plummer: The amateur boxing, Mr. Mayor, is the amateur boxing between the
United States and Russia for having a conference here. What they're asking of the City is to
allow them to use on Thursday, June the 13th, Wynwood Park and Hadley Park for an
exhibition. They're also asking that on the 17th of June, that the fees be waived for Dinner Key
Auditorium, which approximately are ten thousand dollars ($10,000). And they're also asking
for the necessary allocated security at approximately eight thousand. I so move.
39 March 26, 1996
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Mayor Clark: Second?
Vice Mayor Gort: Second.
Mayor Clark: If there's no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-225
A RESOLUTION RELATED TO THE UNITED STATES VS. RUSSIA AMATEUR
BOXING TOURNAMENT TO BE CONDUCTED BY THE METRO DADE
INTERNATIONAL AMATEUR BOXING FOUNDATION, ON JUNE 9 - 18, 1996;
AUTHORIZING THE USE OF WYNWOOD AND HADLEY PARKS FOR THE
EXHIBITION BOXING EVENT TO BE HELD ON JUNE 13, 1996; FURTHER,
WAIVING ALL WAIVABLE FEES IN AN AMOUNT NOT TO EXCEED $10,000
FOR THE USE OF DINNER KEY AUDITORIUM FOR THE BOXING
TOURNAMENT TO BE HELD ON JUNE 17, 1996 AND ALLOCATING AN
AMOUNT NOT TO EXCEED $8,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS TO COVER THE SERVICES TO BE PROVIDED BY THE
DEPARTMENT OF POLICE FOR ALL EVENTS OF SAID TOURNAMENT; SAID
AUTHORIZATIONS, WAIVERS AND ALLOCATIONS CONDITIONED UPON THE
ORGANIZERS COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
40 March 26, 1996
krl
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----------------------------------------------------------------------------------------------------------------
23. GRANT USER FEE WAIVER CONCERNING THE XXIV FLORIDA FIRE
FIGHTERS' OLYMPICS (HOSTED BY MIAMI FIRE DEPARTMENT), TO
BE HELD AT COCONUT GROVE CONVENTION CENTER (MAY 10-12,
1996).
Mayor Clark: We're now in the zoning portion...
Commissioner Plummer: Who, whoa. I have more pockets, Mr. Mayor.
Mayor Clark: I'm sorry. Go ahead, J.L.
Commissioner Plummer: Because I've got the pockets for the Mayor. They're not just mine. A
resolution related to the Fire Fighters Olympics, hosted by Miami Fire Department to be held at
Coconut Grove Exhibition Center, May 10, 11, and 12, waiving all waivable user fees as
permitted by the City - Florida - as amended, said waiver conditioned upon the organizers paying
all the other necessary costs of City services and applicable fees associated with said event to...
obtaining insurance to protect the City in an amount as prescribed by the City Manager or his
designee; and three, complying with all conditions and limitations as may be prescribed by the
City Manager. I so move.
Mayor Clark: Second the motion. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-226
A RESOLUTION RELATED TO THE XXIV FLORIDA FIRE FIGHTERS'
OLYMPICS, HOSTED BY THE MIAMI FIRE DEPARTMENT, TO BE HELD AT
THE COCONUT GROVE CONVENTION CENTER ON MAY 10-12, 1996;
WAIVING ALL WAIVABLE USER FEES AS PERMITTED BY THE CITY OF
MIAMI, FLORIDA, AS AMENDED; SAID WAIVER CONDITIONED UPON THE
ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2)
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
41 March 26, 1996
k,
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
24. DISCUSSION CONCERNING PROPOSED RESOLUTION TO RATIFY
MANAGER'S EMERGENCY ACTION IN WAIVING COMPETITIVE
SEALED BIDS FOR PROCUREMENT OF SPECIALIZED FINANCIAL
TYPESETTING SERVICES AND PRINTING OF COMPREHENSIVE
ANNUAL FINANCIAL REPORT FROM EVACO FINANCIAL PRINTERS --
SCHEDULE PUBLIC HEARING.
Commissioner Plummer: A resolution... Well, I can't do a four -fifths. How can I do a four -
fifths?
Mayor Clark: You got four members here.
Commissioner Plummer: Oh, all right. A resolution by four -fifths affirmative vote of the
members of the City Commission ratifying, approving and confirming the City Manager's
emergency action in waiving the requirement of competitive sealed bids for the procurement of
specialized financial typesetting services in printing of the comprehensive annual financial report
from Evaco Financial Printers in the amount of nineteen thousand, allocating funds therefor from
the Administration and Solid Waste general operating budget, code number 420501-680;
authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order
for said acquisition. I so move. And it takes a four -fifths vote, Mr. Mayor.
Mayor Clark: Second. Call the roll.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, could you hold on? I think there's a
problem with this. Because under the Code, this would have had to have been advertised for
public hearing. You couldn't bring this out of pocket.
Commissioner Plummer: I'm sorry. Tell the Manager I couldn't do it.
END OF DISCUSSION -- NO ACTION TAKEN
42 March 26, 1996
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----------------------------------------------------------------------------------------------------------------
25. ACCEPT GRANT ($100,000) FROM STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION UNDER THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR
IMPROVEMENTS TO CURTIS PARK -- EXECUTE NECESSARY
DOCUMENTS.
Commissioner Plummer: A resolution accepting a grant in the amount of a hundred thousand
dollars ($100,000) from the State Department of Florida of Environmental Protection under the
Florida Recreational Department Assistance Program for improvements to Curtis Park;
authorizing the City Manager to execute the necessary documents in a form acceptable to the
City Attorney to accept the grant and implement the project. I so move.
Commissioner Carollo: Second.
Commissioner Plummer: We're getting money. Money, money. And the final one, Mr. Mayor,
is to give the...
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-227
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT,
IN THE AMOUNT OF $100,000.00, FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR CAPITAL
IMPROVEMENTS TO CURTIS PARK; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
43 March 26, 1996
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Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
26. ACCEPT DONATION FROM WOODLAWN CEMETERY FOR BOYS' CLUB
OF SOUTHWEST DADE -- TO CONTINUE PROGRAMS IN WEST GROVE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The final one that I have, Mr. Mayor, is for the monies which I talked
to the many people about of the Woodlawn Cemetery to give to the Boys' Club of Southwest
Dade, to keep the continuing programs in West Grove.
Mayor Clark: Second the motion?
Commissioner Carollo: Second.
Commissioner Plummer: That would be the total donation of Woodlawn. I so move, Mr.
Mayor.
Commissioner Carollo: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-228
A RESOLUTION ALLOCATING FROM THE PROFFERED TRUST FUND, AN
AMOUNT NOT TO EXCEED $25,000 PER YEAR FOR A PERIOD OF FOUR (4)
YEARS COMMENCING WITH THE YEAR 1996, FOR A CUMULATIVE TOTAL
OF $100,000, IN SUPPORT OF THE BOYS AND GIRLS CLUB OF MIAMI, SAID
ALLOCATION CONDITIONED UPON RECEIPT AND ACCEPTANCE BY THE
CITY OF THE VOLUNTARY PROFFER OF $100,000 FROM WOODLAWN
CEMETERY, INC. WHICH SHALL BE PAID IN STIPULATED INCREMENTS OF
$25,000 PER YEAR FOR A PERIOD OF FOUR YEARS COMMENCING WITH THE
YEAR 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
44 March 26, 1996
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
27. ACCEPT PROPOSAL OF THOMAS MAINTENANCE SERVICE, INC.
(UNDER DADE COUNTY BID 0996-2/98 OTR) -- FOR INSTALLATION OF
SOD FOR SOCCER FIELD AT HENDERSON PARK -- ALLOCATE FUNDS
$12,240 FROM PROJECT 331356, COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS.
Commissioner Plummer: I don't... Willy, you have another one here?
Vice Mayor Gort: No, the Mayor does.
Mayor Clark: Pocket item. Thomas Maintenance Service under Dade County bid, proposal for
the sodding of the soccer field at Henderson Park. So move.
Commissioner Carollo: Second.
Commissioner Plummer: No, that's the one I just read, isn't it?
Mayor Clark: No. So move. Is there a second?
Commissioner Carollo: Second.
Commissioner Plummer: Second.
Commissioner Carollo: Second.
Commissioner Plummer: Yeah, but I think we've already done it.
Mayor Clark: Roll call.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Plummer.
Commissioner Plummer: Yes. I gave you the one about Curtis Park. That's the same thing,
isn't it?
Mayor Clark: No. This is Moore Park.
Commissioner Plummer: OK. Oh, this is Moore Park?
45 March 26, 1996
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Mayor Clark: No, no. Henderson Park. Henderson Park.
Commissioner Plummer: OK.
Commissioner Carollo: Henderson Park.
Commissioner Plummer: Hey, as long as it gets done, that's the important thing.
Mr. Foeman: Roll call. Commissioner Plummer.
Mayor Clark: Cast a unanimous ballot.
Commissioner Carollo: Yeah.
Commissioner Plummer: So be it.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 96-229
A RESOLUTION ACCEPTING THE PROPOSAL OF THOMAS MAINTENANCE
SERVICE, INC., UTILIZING EXISTING DADE COUNTY BID NO. 0996-2/98 OTR,
FOR THE INSTALLATION OF SOD FOR A SOCCER FIELD AT HENDERSON
PARK, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
PROPOSED AMOUNT OF $12,240.00; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 331356, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
ACCOUNT NO. 589301-860; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
46 March 26, 1996
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----------------------------------------------- ----------------------------------------------------------
28. INSTRUCT CITY ATTORNEY TO PROVIDE COMMISSIONERS WITH
COPIES OF ALL WRITTEN LEGAL OPINIONS WHICH ARE PREPARED
UPON REQUEST OF MANAGER.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: I have a couple, Mr. Mayor.
Mayor Clark: Go ahead.
Commissioner Carollo: This one is a resolution that states the following: "Now, therefore be it
resolved that the policy of the City Commission has changed to include legal opinions requested
by the City Manager amongst those which will be carbon -copied to all Commissioners." This is
going hand in hand with the one that we approved.
Commissioner Plummer: Wait a minute, Joe. Start over, please. I'm sorry.
Commissioner Carollo: It's a resolution.
Mayor Clark: It's a companion...
Commissioner Carollo: Yeah, but resolving...
Mayor Clark: It's a companion resolution with the other one.
Commissioner Carollo: Yeah, we passed one last week that each time a Commissioner would be
sent a legal opinion that we would all be carbon -copied.
Commissioner Plummer: Yes.
Commissioner Carollo: This one is stating that also, when the Manager is sent a legal opinion,
that all the Commissioners would be carbon -copied also.
Mayor Clark: Is there a second to that?
Commissioner Plummer: Of course. I have no problem.
Mayor Clark: Cast a...
Commissioner Plummer: I want to go one step further, but you all didn't... I want any opinion,
written or oral.
Commissioner Carollo: Oral, I think, Commissioner, we're pushing it.
Commissioner Plummer: OK.
Mayor Clark: Cast a unanimous ballot on that resolution.
47 March 26, 1996
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A
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-230
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 96-147,
ADOPTED FEBRUARY 29, 1996, WHICH INSTRUCTED THE CITY ATTORNEY
TO PROVIDE ALL CITY COMMISSIONERS WITH A COPY OF WRITTEN LEGAL
OPINIONS WHICH ARE PREPARED UPON THE REQUEST OF ANY CITY
COMMISSIONER OR THE CITY COMMISSION, THEREBY INSTRUCTING THE
CITY ATTORNEY TO ADDITIONALLY PROVIDE ALL CITY COMMISSIONERS
WITH A COPY OF WRITTEN LEGAL OPINIONS PREPARED UPON THE
REQUEST OF THE CITY MANAGER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
29. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF JOHN J. RIORDAN.
Mayor Clark: What else?
Commissioner Carollo: OIL. Now the other pocket item that I have, Mr. Mayor, is a resolution
of sympathy in honor of the late John J. Riordan. I move that the City Commission adopt a
resolution of sympathy in remembrance of Mr. Riordan's contributions to our community's
green space, and quality of life.
Mayor Clark: Thank you. Cast a unanimous ballot.
Vice Mayor Gort: Second.
48 March 26, 1996
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r-
W
W
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-231
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JOHN J.
RIORDAN, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
30. WAIVE COMPETITIVE SEALED BIDS -- APPROVE RENOVATION OF
LIGHTS AT ORANGE BOWL STADIUM ($335,000).
Commissioner Carollo: And last, but not least. Christina.
Ms. Christina Abrams: Yes.
Commissioner Carollo: If you could come up and let us know the resolution that you need for us
to approve. I think you could explain it better than I can.
Ms. Abrams: Yes. A request to waive the competitive bidding to replace the lighting at the
Orange Bowl Stadium in preparation for the Olympic Games. It takes two months to replace the
lighting. If we don't waive the competitive bidding, that means we won't be able to start till
April, the end of April, which means we will have to cancel the Colombia and Ireland soccer
competition scheduled May 29th.
Commissioner Plummer: You know, let me tell you. This is a funny thing. We've known about
the Olympics, now, for a year. And suddenly, we're coming here at the last minute saying it's an
emergency matter. Christina, are you selling the old light bulbs? No, no, no. That's not a joke.
Ms. Abrams: No, I'm sorry, I'm sorry. No, we're not selling the old lighting, but we did have
an...
Commissioner Plummer: Well, then...
49 March 26, 1996
Lim
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t.
Ms. Abrams: Let me... Let me... Commissioner, if I can just continue. We have an order for
forty thousand dollars ($40,000) worth of new light bulbs for the existing system. We've
cancelled that order, and we'll use those funds towards purchase of a new lighting system.
Commissioner Plummer: A lighting system or relighting the field?
Ms. Abrams: The entire lighting system is being replaced.
Commissioner Plummer: Well... You know, again, Mr. Mayor, why did you wait till now and
come in here on an "Oh, my God" basis?
Ms. Abrams: Commissioner, we found this out yesterday. The time frame that we got from the
contractor was two months, and we realized that we'd have to cancel an event.
Commissioner Plummer: OK. Let me go one other step.
Commissioner Carollo: How much are we talking about in dollars?
Ms. Abrams: Three hundred and thirty-five thousand dollars ($335,000).
Commissioner Plummer: I think it's crazy.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, you've got the same problem...
Commissioner Plummer: Wait, wait, wait. Let me go one step further. OK? That is subject to
the television finding the Ievel of light on the field accessible. That's what they need. Because
let me tell you, when we replaced the light bulbs there before, they came up with dark areas, and
television would not accept them.
Ms. Abrams: We're replacing the entire lighting system. It's going to be 140 candle watt.
Commissioner Plummer: No, no, no. I don't care what you're replacing. It might not be
sufficient for television. And the one thing that we're going to get out of this thing is television
coverage. OK? And I want to tell you, at that time, we took all of the old lights and sold them to
some city in Georgia, and we recouped about thirty-five thousand or forty thousand dollars
($35,000 or $40,000). I would hope you'll do the same thing this time.
Ms. Abrams: We'll look into reselling the lighting system. Yes, we will. Thank you.
Mr. Jones: Well, Mr. Mayor, you got the same problem. The Code requires that this would have
had to have been advertised as a public hearing. So you can't take it out of pocket. It would
have had to have been publicly advertised. So the alternative is for the Manager to do it on an
emergency item and bring it back for your ratification.
Commissioner Plummer: Three hundred thousand dollars ($300,000)?
Ms. Abrams: Three hundred and thirty-five thousand dollars ($335,000). So we're going to
have to bring this back on the April agenda.
Mayor Clark: Now, let's be factual about it.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Just a moment, please. Ms. Abrams, how long have you had this position?
50 March 26, 1996
k__
Ms. Abrams: Three months.
Mayor Clark: OK.
Commissioner Carollo: That's true. Well, Christina, look. I know that you've been a great
asset where you're at.
Ms. Abrams: Thank you.
Mayor Clark: You've been thrown into this just recently.
Ms. Abrams: Sure.
Mayor Clark: So I think we also have to be reasonable. But Commissioner Plummer has
expressed what all of us feel. The only thing that we ask is that, please, for the future, you know,
you be brought up to date so that this doesn't happen again, in as far as any of the areas that
you're responsible for.
Ms. Abrams: Yes, sir. I'll be sure of that.
Mayor Clark: All right. Thank you, ma'am.
Commissioner Carollo: And the other one, J.L., of course, she didn't have the money. She just
got the money allocated, so there was no choice in doing it this way.
Ms. Abrams: Right. Exactly.
Mayor Clark: Anything else there?
Vice Mayor Gort: Mr. Mayor, I'd like for staff to explain the differences between the
competitive bid and the waiver of the competitive bid. We still will receive three different bids.
Ms. Abrams: Yes.
Vice Mayor Gort: I think it's very important that people understand that.
Ms. Abrams: We still receive three informal bids.
Vice Mayor Gort: We'll be getting three informal bids, and they'll be selecting the lowest bid.
Mayor Clark: OK.
Commissioner Carollo: But how are you going to receive those bids? Will those be verbal bids,
or bids that will be sealed and you open them up?
Mr. Jim Kay: Commissioner, those will be written bids. They will be opened up at a time set.
Commissioner Carollo: OK. A time set. OK. That's what I wanted to be sure of. In other
words, once you open them up, at a certain time, everybody will be present. They can bring
them in there, and you open them all up together.
Vice Mayor Gort: Right.
51 March 26, 1996
Commissioner Carollo: That's fine.
Mayor Clark: All right. Anything further?
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO. 96-232
A MOTION WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED
BIDDING AND APPROVING THE RENOVATION OF LIGHTS AT THE ORANGE
BOWL STADIUM AT AN APPROXIMATE COST OF $335,000.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
31. APPROVE ENGAGEMENT OF DAVIS, SCOTT, WEBER & EDWARDS TO
SERVE AS COUNSEL IN CONNECTION WITH MEDIATION IN MICHAEL
POTTINGER, PETER CARTER AND BERRY YOUNG VS. CITY OF MIAMI
(HOMELESS ASSISTANCE CENTER CASE) -- ALLOCATE $10,000.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I have one quick item, if I could.
Mayor Clark: Please move it. Go ahead.
Mr. Jones: Just to inform you, I had a memo coming to each of you this afternoon. You know
that in the homeless case, the mediation is scheduled to begin on Friday in the morning. The
mediator will be in town, and I'm sending all of you an itinerary of the meetings that are planned
with the Homeless Assistance Center and the like. Mediators plan to be here from Friday
through next Tuesday, is my understanding. In that regard, I would ask you... I have had
conversations and meetings with former Federal Judge Tom Scott, who is now in private
practice. And I think it would be very advisable if you would allow me to retain him to assist us
in the mediation.
Mayor Clark: Who's the Judge?
Commissioner Plummer: Tom Scott.
Mayor Clark: He's a good man.
Mr. Jones: He has indicated to me that at this point, to assist through the mediation, he doesn't
think it will be any more than ten thousand dollars ($10,000). So I would ask that you
authorize...
52 March 26, 1996
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Mayor Clark: He's a fine man. You want... OK.
Commissioner Plummer: As long as it comes out of your budget, that's all right. I'll move it out
of the City Attorney's budget.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: So moved and seconded.
Vice Mayor Gort: I'll second it.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-233
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM OF
DAVIS, SCOTT, WEBER & EDWARDS, TO SERVE AS COUNSEL TO THE CITY
OF MIAMI IN CONNECTION WITH THE MEDIATION IN MICHAEL POTTINGER,
PETER CARTER AND BERRY YOUNG VS. CITY OF MIAMI, UNITED STATES OF
APPEALS FOR THE ELEVENTH CIRCUIT, CASE NOS: 91-5316; 92-5145 & 95-
4555, WITH FEES FOR SAID SERVICES NOT TO EXCEED $10,000; ALLOCATING
FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, ACCOUNT CODE NO. 620103-653.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Clark: All right. Anything else?
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF THE REGULAR
PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.
53 March 26, 1996
k,
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of March, 1996, 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 4:22 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Christina Cuervo, Assistant City Manager
Maria J. Argudin, Assistant City Clerk
Commissioner Miller J. Dawkins
Cesar H. Odio, City Manager
54 March 26, 1996
10
----------------------------------------------------------------------------------------------------------------
32. (A) COMMENTS CONCERNING FLORIDA LEAGUE OF CITIES'
STUDY REGARDING ANTENNA PLACEMENT STATEWIDE.
(B) DISCUSS AND CONTINUE CONSIDERATION OF APPEAL
CONCERNING CONSTRUCTION / INSTALLATION OF A
CELLULAR COMMUNICATION FACILITY AT 8425 BISCAYNE
BOULEVARD. [Applicant: T.N.A. Palms, Inc. (owners) / BellSouth
Mobility, Inc. (lessee). Appellant: BellSouth Mobility, Inc.]
(C) DISCUSS AND CONTINUE CONSIDERATION OF SPECIAL
EXCEPTION CONCERNING A FINANCIAL DRIVE -THROUGH
FACILITY AT 2200 SOUTH DIXIE HIGHWAY, ZONED O-OFFICE,
SD-19 DESIGNATED FLOOR AREA RATIO OVERLAY DISTRICT,
AND SD-3 COCONUT GROVE MAJOR STREETS OVERLAY
DISTRICT. [Applicant: Tri-W Investment Co. of Dade County (owner)
/ Bank Atlantic, FSB (buyer).]
Commissioner Plummer: Mr. Mayor, for your edification, really, this next item that is coming
up, I want to tell you that the Florida League of Cities...
Mayor Clark: Please, Mr. Helfman, stand up so you can understand what he's talking about.
Commissioner Plummer: Well, I want staff also. Carlos? I want you to know that the Florida
League of Cities has recognized that the antenna problem across the State of Florida is not
getting any smaller. Mr. Ray Sittig has been commissioned to do a study on what is being
referred to as "City -Tel." And I think that, basically, what they're trying to say is that, in the
future, rather than individual applications coming in to us telling us where they would like them,
that you possibly can establish one given location on a City facility where five, six, eight, ten,
twelve different companies could exist on one building. And I would strongly urge you to get in
touch with them. I've asked staff, if they can do it, to have for me...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: OK. ... to have for me all of the information that they have so that I
can take it with me tomorrow up to Tallahassee, which we're all going up for. But I think it's a
very good thing being done by the Florida League that says, "Hey, we recognize the problem, we
want to address it statewide, and rather than all these people coming in individually, that, in fact,
we can, hopefully, do it. OK? I just wanted to put that on the record, for what it's worth.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:23 P.M. AND RECONVENED AT 4:38 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPT COMMISSIONER DAWKINS AND COMMISSIONER
CAROLLO, FOUND TO BE PRESENT.
Commissioner Plummer: Mr. Mayor, from the aspect of the City, I am prepared at this time...
Mayor Clark: All right. Let's be quiet, folks.
Commissioner Plummer: I would like my other two cohorts here, because they're going to have
to vote on this. And if they could come back in, I would appreciate it.
55 March 26, 1996
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Mayor Clark: Go get them, Al.
Commissioner Plummer: Mr. Manager, you've got three minutes, but that's the last three
minutes. If not, I'm going to move to defer.
Mr. Odio: They want to make a phone call.
Commissioner Plummer: Let them go make their phone call. Mr. Mayor, it has always been the
policy of this Commission that anyone who wishes, that has an application, where there's not a
full board present, that we allow a one-time deferral. And maybe while we're waiting, if there
was anybody who wanted a deferral, we could get that out of the way.
Mr. Stephen Helfman: Steve Helfman. Item PZ-1 and PZ-2, requesting a deferral to your next
meeting.
Commissioner Plummer: Is there anyone here on PZ-1 and 2? OK. I'll move that they be
deferred, Mr. Mayor.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
Mr. Helfman: Thank you very much.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR GORT, ITEMS PZ-1 AND PZ-2 WERE DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
-------------------------------------------- -------------------------------------------------------------------
33. BRIEF DISCUSSION CONCERNING CONTINUANCE OF CERTAIN
PLANNING & ZONING ITEMS.
Mayor Clark: PZ-3.
Commissioner Plummer: PZ-3. Mr. Mayor, what I was going to do, because everybody is
pushed for time, all of the items from 14 to 22 are City items. And I was going to move to put
them off until the next meeting.
56 March 26, 1996
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Mayor Clark: All right.
Commissioner Plummer: Is there anybody on any item above 14? You are? Which item? Give
me the number.
Ms. Lourdes Slazyk: Twenty-two and 23, on first reading.
Commissioner Plummer: I would move that all items, excluding 22 and 23, above item 14 be
deferred until the next meeting.
Ms. Christina Cuervo (Assistant City Manager): J.L., J.L., they're quick. They're text
amendments.
Vice Mayor Gort: They're text amendments. They're fast. They're very quick.
Mayor Clark: We're on zoning right now.
Ms. Cuervo: Right. They're text amendments.
Commissioner Plummer: All right. I'll withdraw my motion. It's just the idea that...
Mayor Clark: Is there a second?
Commissioner Plummer: Well, let's see how fast we go, Mr. Mayor.
Mayor Clark: All right.
----------------------------------------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 1O544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT 2100 S.W. 22 STREET
FROM OFFICE TO RESTRICTED COMMERCIAL. [Applicant(s): Mutual
Life Insurance Co. of New York.]
Commissioner Plummer: Item 3.
Ms. Vicky Leiva: Good afternoon.
Mayor Clark: Every person that may testify in the Zoning - even if they may testify - please
stand to be sworn by the Clerk.
Commissioner Plummer: Is there anyone here in objection to this, Mr. Mayor?
Mayor Clark: Item 3?
Ms. Leiva: This is a second reading. It was approved on first reading.
Commissioner Plummer: I understand that. I didn't need your help. Thank you. Is there
anyone here in opposition to 3? Mr. Mayor, it's been approved by the Planning Advisory Board
by a six to zero vote. I would move it on second reading at this time.
57 March 26, 1996
Vice Mayor Gort: Second.
Mayor Clark: Read the ordinance.
Mr. Joel Maxwell (Deputy City Attorney): There is one thing that needs to be put on the record,
Mr. Mayor, about that item.
Mayor Clark: All right,
Ms, Leiva: Yes. I'm proffering into the record a declaration of restrictive covenant. This is a...
Vice Mayor Gort: Name and address.
Ms, Leiva: Vicky Leiva, with offices at 701 Brickell Avenue. This is a revised covenant. Also,
for a point of clarification, this covenant allows for drive-throughs for financial banking facilities
to be allowed as part of these uses. Thank you.
Commissioner Plummer: Read the ordinance. I moved it.
Vice Mayor Gort: It's been moved and seconded.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2100
SOUTHWEST 22ND STREET, FROM OFFICE TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER. PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 29, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Carollo requested of the Clerk to be shown in
agreement with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11349.
58 March 26, 1996
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------------------------------- ------------------------------------------------------------
35. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
ATLAS -- CHANGE DESIGNATION AT 2100 S.W. 22 STREET FROM O
OFFICE TO C-1 RESTRICTED COMMERCIAL. [Applicant(s): Mutual Life
Insurance Co. of New York.]
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 4 is a companion. I move it.
Vice Mayor Gort: Second.
Mayor Clark: Read the ordinance.
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTY LOCATED AT 2100 SOUTHWEST 22ND STREET, MIAMI,
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
43 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Carollo requested of the Clerk to be shown in
agreement with the motion.
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.
59 March 26, 1996
k,.-
Ms. Vicky Leiva: Thank you.
--------------------------------------------------- ------------------------ ----------------------------- --------
36. (A) FIRST READING ORDINANCE: AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE
10544) FUTURE LAND USE MAP -- CHANGE LAND USE
DESIGNATION AT 521-23-25-27-35-45 N.W. 23 COURT FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): Luis & Norma Calix, Jesus Noal, Maximo Loynaz &
Sergio Fiallo (owners).]
(B) DISCUSSION CONCERNING DECOMA NEGOTIATIONS / MIAMI
ARENA WITHDRAWN.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 5 we got to hear, Mr. Mayor. There's a lot of... I think these are
people that are objectors over here?
Mr. Roberto Lavernia: No.
Ms. Christina Cuervo (Assistant City Manager). No. They're in support.
Mr. Lavernia: They're in favor.
Commissioner Plummer: There's nobody here on 5?
Ms. Cuervo: They're in support.
Commissioner Plummer: Huh?
Ms. Cuervo: They're in support. They're in support of the item.
Commissioner Plummer: They're in support of it?
Ms. Cuervo: I think they're the actual tenants.
Commissioner Plummer: OK.
Mr. Joel Maxwell (Deputy City Attorney): There is a covenant that needs to be discussed on this
one, too.
Commissioner Plummer: It's got to be more than a covenant to get my vote, I got to tell you
that. It was turned down by the Planning Board, it was turned down by the Zoning Board by a
seven-o vote.
Mr. Lavernia: Excuse me. It was approved by the Zoning Board and denied by the Planning
Advisory Board.
Ms. Cuervo: By the Planning Board.
Commissioner Plummer: Sir, the Planning, Building and Zoning is a denial.
Mr. Lavernia: Denial.
60 March 26, 1996
k- -
Commissioner Plummer: Planning Advisory Board is a denial.
Mr. Lavernia: Yes.
Commissioner Plummer: Now, where did I goof up?
Ms. Cuervo: On PZ-6, you'll see that the Zoning Board recommended approval.
Mr. Lavernia: The Zoning Board recommended it for approval.
Commissioner Plummer: I'm talking to 5, to item...
Mr. Lavernia: Five and 6 are companion items. It's the same property.
Ms. Cuervo: Right.
Commissioner Plummer: But I'm talking to 5, right now.
Ms. Cuervo: Right. Five just went to the Planning Advisory Board.
Commissioner Plummer: Five comes before 6, usually.
Mr. Lavernia: Do you want me to present first 5?
Commissioner Plummer: Mr. Mayor, if I may just announce at this time that the unfortunate
scenario with Decoma, that the matter has been withdrawn from the table for today. There might
be a later time that that might come back. But at this particular time, the matter is not prepared
and ready to be taken up at this time with Decoma.
Mayor Clark: I think you've got to elaborate a little, J.L., for the public.
Commissioner Plummer: Mr. Mayor, I will tell you that we've been working on this deal, it
seems like for 400 years. At the very last minute, some other matters came into being, and the
City Manager and I could not agree that these matters were to be put on the table at this
particular time. Matter of fact, one of the issues is something that we have really no authority
over. It would be the Sports Authority. And as such, Mr. Blaisdell, representing Decoma, had
indicated to the Manager, who conveyed to me, that the matter he will not discuss, today, and the
matter is dead, as far as he is concerned, as of today. And if I'm incorrect - Mr. Manager, if I'm
incorrect - the matter as far as today is concerned is passe. OK? It doesn't...
Mayor Clark: Well, that doesn't mean the City hasn't gone to the last stand. This is like
changing your mind when you're right in front of the preacher to get married.
Commissioner Plummer: Well, I've been that route also, Mr. Mayor.
Mayor Clark: It's a sad thing that we've gone this far, and right at the last moment, when we
were going to sign this agreement, and bingo, they want to back out of it or change it to their
benefit, not to the City's benefit at all.
Commissioner Plummer: All right. Again, Mr. Mayor, just for everybody's edification, it
doesn't mean, as I've been through these negotiations many times before, that maybe tomorrow
might be a new and better day. So I'm not saying that the matter is officially DOA (dead on
arrival), but it is... The fat lady hasn't sung. OK?
61 March 26, 1996
k .
Mayor Clark: OK. But she's hard of breathing.
Commissioner Plummer: Well, she's just warming up.
Mayor Clark: She's hard of breathing.
Commissioner Plummer: OK. But I just wanted to announce that if anybody was here waiting
for that, it will not be discussed any further today.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Gort: Maybe for the second time, I'd like to ask two or three questions on this item,
because as you look at a change of zoning in that area, it would be considered spot zoning,
unless what we're doing here is we're zoning this to legalize an existing condition.
Mr. Lavernia: Yes.
Vice Mayor Gort: And there would be a covenant that could go along with it that that existing
condition will stay and it will never... anything else would be built as a multiple family zoning.
Is that what's going to take place here?
Mr. Lavernia: Close. Close to that, yes.
Vice Mayor Gort: OK. Thank you.
Mayor Clark: All right. Yes, ma'am. Did the lady want to speak, J.L.?
Commissioner Plummer: I'm sorry?
Mayor Clark: Do you want to speak?
Commissioner Plummer: Well, anybody that speaks has to be sworn in.
Mayor Clark: I swore them in a while ago.
Commissioner Plummer: Oh. OK.
Vice Mayor Gort: No, they haven't been sworn in.
Mayor Clark: I asked them all to stand. If they're going to testify, raise your right hand, and be
sworn now.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: All right. Proceed.
Ms. Heather Rutecki: For the record, my name is Heather Rutecki with the law offices of
Heather Rutecki.
62 March 26, 1996
Vice Mayor Gort: I understand we should hear from staff.
Mr. Lavernia: As you said, the application that you have in front of you was done in order to
legalize existing illegal units. They asked for a building permit in order to expand interior
remodeling, and expand the existing building. Later on, it was subdivided in different units more
than they are allowed to have. So they are presenting this application in order to change the land
use, future land use map, and the zoning, to allow them to have more units and legalize the
situation. That's the real...
Mayor Clark: How many years have they been there like this?
Mr. Lavernia: I have the date of the Code Enforcement. It's the only thing that I have. I don't
know when did they build it.
Ms. Rutecki: They've been there 16 years.
Mayor Clark: Sixteen years. Could they be legally non -conforming?
Ms. Cuervo: They're illegal, non -conforming.
Mr. Lavernia: No, not legally. They are illegal units.
Commissioner Plummer: Well, wasn't this also before Code Enforcement?
Mr. Lavernia: Yes,
Ms. Cuervo: Yes.
Commissioner Plummer: OK. And in Code Enforcement, they had the opportunity to bring it
into compliance?
Mr. Lavernia: That's why I put that in front of you.
Commissioner Plummer: OK. OK.
Ms. Rutecki: The violations were voided, and one was granted an extension.
Ms. Cuervo: No, I don't believe that they were voided. They were put on hold, pending the
outcome of this.
Mr. Lavernia: No. An extension...
Ms. Cuervo: And one of them has an extension.
Ms. Rutecki: One was voided. One of them was voided, and I have proof of it. It's in packages
I submitted to the Commissioners and to the board.
Ms. Cuervo: OK. My staff is telling me otherwise, that they were put on hold, pending the
outcome of this.
Vice Mayor Gort: Sure, yeah.
Ms. Rutecki: If you'd refer to Exhibit H.
63 March 26, 1996
4,
¢tuikCe'�
Mayor Clark: What's the pleasure of the Commission?
Vice Mayor Gort: I'd like to hear from the presenter.
On
Mayor Clark: Well, she presented it two weeks ago. You remember that? Three weeks ago.
Go ahead.
Ms. Rutecki: For the record, my name is Heather Rutecki, law offices of Heather Rutecki,
NationsBank Tower, International Place, 100 Southeast 2nd Street, Miami, Florida, 33131. Also
present to testify this afternoon is an expert witness, Howard Smith, from Carr Smith Associates.
I will qualify Mr. Smith momentarily, but I'd like to speak to you about a few issues first, and
address some arguments of the City. First of all, I'd like to emphasize that at the Planning
Advisory level, my clients were unrepresented by counsel, and my clients do not speak English.
So I'd like to emphasize that point. My clients were represented at the Zoning Board by myself,
and we submitted arguments. There were four City officials opposed to me at that time. We
were able to overcome all of the objections at the Zoning Board and I had a unanimous vote in
favor six to zero.
Commissioner Plummer: Let me ask. Is there any multi -family medium density residency
anywhere near there?
Mr. Lavernia: Yes. In front, there are two or three existing grandfathered-in apartment
buildings with no parking.
Commissioner Plummer: Why were they grandfathered and this one wasn't?
Mr. Lavernia: They were existing when the ordinance was created. It's a very old construction
there.
Vice Mayor Gort: Let me ask a question. Are you offering some covenant?
Ms. Rutecki: We are offering a voluntary covenant with respect to this application. There are
four properties which comprise a total of 200 feet. Each individual property is 50 feet. This
voluntary covenant will provide that there will be a cap on the number of properties or units, of
residential units which will be allowed. We have submitted this covenant to the City. I've
discussed it with Lourdes Slazyk. The City Attorney has reviewed it, and it will be in final form
before the second reading. As to the grandfather clauses, I'd like my witness to speak, Mr.
Howard Smith.
Vice Mayor Gort: Is this first reading?
Mr. Maxwell: Yes, it is.
Ms. Cuervo: Commissioners, I think it's important to note that I believe the covenant that you're
proffering, it limits four units per duplex?
Ms. Rutecki: Correct.
Ms. Cuervo: And currently, how many units are, in total... How many units are in each duplex
are there, in total, between the four duplexes?
Ms. Rutecki: There's four units in one. There are two single-family in one duplex at present.
Ms. Cuervo: So that's a total of?
64 March 26, 1996
k,
Vice Mayor Gort: Six, I think.
Ms. Rutecki:
Six.
Vice Mayor Gort: And you want to go above that?
Ms. Rutecki:
No, I'm sorry.
Ms. Cuervo:
How many units...
Ms. Rutecki:
Four.
Ms. Cuervo:
How many units do you currently have?
Ms. Rutecki:
We have nine.
Ms. Cuervo: Nine. So what they're proffering in the covenant is something greater than what
currently exists. Correct?
Ms. Rutecki: That's correct.
Mr. Lavernia: There are ten existing, and they are asking for 16.
Ms. Rutecki: This was the number that Lourdes Slazyk and I had discussed when she had gone
over it with me.
Vice Mayor Gort: They want 16 units.
Commissioner Plummer: No. All right. Can we hear from your expert?
Ms. Rutecki: At this time, I'd like to introduce Mr. Howard Smith. Mr. Howard Smith has 20
years of professional experience in transportation, traffic and transit planning. He presently
heads up the transportation planning and traffic studies program for Carr Smith Associates, a
Miami -based consulting, engineering, planning and architectural firm.
Commissioner Plummer: And just for the record, let me say to you, the documents that you sent
us were about as complete a document as I've ever seen, with the photographs in it, and
everything that you did. I hope it wasn't illegal.
Ms. Rutecki: All of these documents are on the record.
Mr. Maxwell: No. Commissioner, if I may respond. I believe what the attorney did was, even
though she submitted those documents to you all, she included them in the record with the
Hearing Boards Division.
Commissioner Plummer: OK. But let me tell you, they were...
Ms. Rutecki: And we reviewed the photographs with the Zoning Board.
Commissioner Plummer: You went the extra mile for those documents, I got to tell you.
Ms. Rutecki: Thank you.
65 March 26, 1996
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Commissioner Plummer: OK.
Vice Mayor Gort: Yes, sir.
NOTE FOR THE RECORD: Mayor Clark exits the Commission
chamber at 4:52 p.m.
Mr. Howard Smith: I've driven an extra mile to get here. I'm Howard Smith. I head up the
transportation, planning and traffic studies program for Carr Smith Associates. I am presently
based principally in the Fort Lauderdale office, although I do spend a lot of time in the Miami
office. The Fort Lauderdale address is, for the record, is 3313 West Commercial Boulevard,
Suite 10, in the City of Fort Lauderdale, Florida. I've brought a couple of boards, here, I'd like
to display. This first one, here, is one I'm sure your Planning and Zoning staff are very well
familiar with. This is from TRW-REDI. The top one is, basically, a representation of the
properties and the plats and the zoning designation. And quite correct, the zoning designation all
along Northwest 23rd Court and particularly, of course, for these four adjacent properties, is R-2.
And this is a picture of the greater area, the square mile in which these four properties are
located. But I do have a blowup of the aerial that would be certainly more telling.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: That's what I'll do.
Mr. Smith: This is basically the quarter square mile from the larger scale, but smaller aerial.
And I'm going to turn it a little bit so I can see. The properties are located, basically, where
these four asterisks are. This is a representation of where the four adjacent properties are.
They're along Northwest 23rd Court, which runs from Northwest 7th Street on the north down,
and then makes a bend over to join Northwest 23rd Avenue. Basically, this neighborhood is
bounded by Northwest 22nd Avenue on the east, Northwest 27th Avenue on the west, as I've
indicated, Northwest 7th Street on the north, and a residential collector, Northwest 3rd Street on
the south. Further to the south is Flagler. OK? Now, I was out there last week, between the
hours of four and 5:30, conducted a rather extensive survey, if you will, both walking and
windshield driving up and down this street as well as adjacent streets. And quite frankly, the
traffic - first of all, I know that that's always an issue - but traffic, quite simply, cannot be much
of an issue here, because there's very little. Even at that hour, between four and 5:30 when one
would expect the bulk of the evening commuter activity, there was very little traffic along 23rd
Court. Basically, the traffic is up at Northwest 7th Street. It's over on Northwest 27th Avenue,
to a lesser extent. Up and down the collector on Northwest 22nd Avenue, and this east/west
residential collector, Northwest 3rd Street. It is not on 23rd Court, and it makes pretty good
sense. Up here, at Northwest 7th Street, it is not a signalized intersection, it does not link up
directly with anything across the street, so there is no through movement that way. You do have
this bend over here that represents kind of a traffic homing device, if you will. And really, the
traffic that is on this street is local traffic. It is traffic that is accessing properties along there. It
is not through movement that we might find along 22nd Avenue. We did, incidentally, take
photographs, and it may be timely to pass those around, if you would like to see. I've got
photographs of a number of existing apartment buildings along Northwest 23rd Court. There are
quite a number of them. We would like, should you wish to avail yourselves of the opportunity,
to look at some of the photos that I took. There's also a description of what these photos
represent. On the back of the photos, you will find, in a big circle, you will find a plate number
that corresponds with a written description. But again, there are a number of existing apartment
buildings, really, starting with... down here at the bend, all the way up. And across the street
66 March 26, 1996
from these four properties, there are several apartment buildings, plus directly to the north on the
east side of the street, there are also apartment buildings. So it is mixed area. It is mixed, duplex
and multi -family apartment buildings. So the character is clearly not one of a typical low density
neighborhood. There's quite an amount of apartment activity right now. But nonetheless, it still
has kind of a quiet look and a feel. We also do not, evidently, have parking problems. And you
can look at these photographs of the apartment buildings. We do not have a parking problem out
there. Basically, the parking, by and large, is in front of the buildings, or with respect to the
apartments, it could be behind. Some parking is behind, and on the side. And even with the
duplexes, generally, the parking is in front of the buildings, either in driveways or carports, and
so forth.
Ms. Cuervo: Commissioners, can I just point out I think that some of the units that are being
identified are legal non -conforming units, and some of the other units are units that are within
the commercial zoning designation.
Vice Mayor Gort: We'll give you... When they finish the presentation, we'll give you an
opportunity to...
Ms. Cuervo: Oh, I thought they were done.
Vice Mayor Gort: No.
Ms. Cuervo: I'm sorry. I thought they were done.
Mr. Smith: The commercial areas is directly to the north. There are three parcels that are in the
commercial area. So the parcels that we're looking at, of course, are in the R-2 area. But it's
really only the northernmost three parcels that are in the C-1 area. Now, trips, of course, traffic
is always a concern. We don't see much out there. But I did some arithmetic just to help you
through it, here. If we assume that the current zoning designation which, of course, will allow
for eight units, so I'm using a bit of a worst case, if you will, scenario, than the nine units that are
existing. But if you assume that there would only be eight units, given four lots at two duplex
units per, and we were to apply trip rates from the Institute of Transportation Engineers, ITE,
given appropriate land use codes for the type of developments, that on an average weekday
basis, that these four parcels, the eight duplex units, would generate about 76 vehicle trips on an
average weekday. Not a lot. Now, let us say we went to 16 low-rise apartment units. As I
understand the covenant, it would provide for upwards of 16 low-rise apartment units over these
four lots. That's doubling the number of units, but it really doesn't double the number of trips,
because different land use types tend to have different trip -generating characteristics. And using
ITE rates, 16 low-rise apartment units would generate 105 average weekday trips. So basically,
you're looking at a difference of 105 at build -out under low -arise apartments minus the 76, if
there were only eight duplex units, looking at 29, potentially 29 additional vehicle trips on a
daily basis. That's pretty negligible over the course of a day, 29. And at the peak hours, you
know, maybe there's three or four, five additional. And of course, these are national average
rates, and assume frequently mixed urban and suburban conditions. This is a working class
neighborhood, where it is not common to have two or more vehicles available per household.
Most households will have one vehicle at most. This is not an affluent area. In my closing
comments, I'm looking at some of the issues that are obviously of key concern to the City. And
one is whether this is contrary to the established land use pattern. And, well, it's not. There
quite a number, as you can see from the photos, and there others on the street, and on adjacent
streets - for example, 29th Avenue - that have existing apartment buildings. It is not contrary to
the pattern that is out there now. We don't believe that it would create an isolated district that's
unrelated to adjacent and nearby neighborhoods, because it looks a lot like what you find on
adjacent streets. There is, obviously, pressure in that area for additional density. And we don't
feel that it's out of scale with the character of the neighborhood. I think that would conclude my
comments. I do appreciate. Thank you very much.
67 March 26, 1996
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Vice Mayor Gort: Thank you. Yes, ma'am. Anything else?
Ms. Rutecki: I think that about sums it up. 1 just want to reiterate that the voluntary covenant in
final form will be with the City within two weeks time.
Vice Mayor Gort: OK. Thank you. Yes.
Mr. Lavernia: One of the findings the department based the recommendation for denial is
precisely the fact that there is existing legally non -conforming structure, apartment structures in
there that do not comply with the parking requirements. So that means that the left over of the
parking are parked on the street. This situation, asking for more units in the same street, is going
to be worst problem than already is. Second one, yes, this is going to be an isolated designation
in the middle of that. That's another finding. Because we're recommending denial of this.
Secondly, yes, it's contrary to the goals, objectives and policies of the future land use of the
Comprehensive Plan. The fact that it's existing, grandfathered in buildings in there is not the
plan that the City and the State have for the area. This is a low density residential area. Thank
you.
Vice Mayor Gort: OK. Do you have anything to add to that?
Ms. Rutecki: I have one comment. I'd like to rebut a statement. Thee is a property at 621
Northwest 23rd Court that was just recently rezoned to an R-3, as well. And that's in your
exhibits, photographs of that property, which are...
Mr. Lavernia: We don't have those records. I don't have those records of this property.
Ms. Rutecki: That record is with Teresita Fernandez, and was submitted to the Zoning Board.
And I spoke against you at the Zoning Board.
Commissioner Plummer: Where is the R-3?
Ms. Rutecki: OK. If you want to refer to the photograph, plate 5, the expert prepared for you,
and also, I'll give you the exhibit number.
Commissioner Plummer: Well, would you come over to this map and show me where you think
the R-3 was approved.
Ms. Cuervo: Is that the parcel that abuts the medium density residential?
Commissioner Plummer: I don't know. Is it in the... What I'm asking is, really, is it in the C-1
or is it in the R-2? If it's in the C-1, then it doesn't hold water.
Ms. Rutecki: It's Exhibit J on line...
Mr. Smith: No, these two are both apartment buildings that are existing, and I don't... I don't
think so.
Vice Mayor Gort: You know, staff should know if we rezoned something.
Ms. Cuervo: Excuse me?
Vice Mayor Gort: Staff should know if we rezoned something R-3 in that area.
68 March 26, 1996
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Mr. Lavernia: I don't remember that application.
Commissioner Plummer: She said recently... 621 would be between 6th and 7th Street.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Show me...
Mr. Maxwell: Sorry, sir, all comments have to be on the record.
Mr. Smith: I'm saying that this is also... You have a description here of the plates, the
photographs, that you can pass around. There's also an apartment building at 641 Northwest
23rd Court. So...
Commissioner Plummer: But that's in the C-1 district.
Mr. Smith: Those are the two adjacent ones. The northernmost three parcels on - well, both
sides of the street - but in this case, on the east side of the street are commercial. So the
commercial ones would be here, here and here. And I believe that we're referring to this one and
this one as being apartment buildings, which are in the R-2 area. These are the four apartment
buildings. These are the four parcels that the action is being requested on today. Of these three
adjacent parcels...
Commissioner Plummer: Well, sir, I...
Vice Mayor Gort: Hold it, hold it. Thank you. Staff, staff, Christina.
Ms. Cuervo: Yes. Commissioners, I mean we'd have to go and research the property he's
talking about, but I believe that it is not adjacent to the parcels we're talking about here.
Commissioner Plummer: No. It...
Ms. Cuervo: And it appears that it's abutting.
Ms. Rutecki: It's in Exhibit J.
Commissioner Plummer: If it can't...
Vice Mayor Gort: Thank you... Excuse me. I don't think we have any problem in the change of
zoning in order to make you comply and legalize the existing facility. I think most of the board
members - and I'll let them speak for themselves - have a problem to increase the density above
of what you have today. I think that's the problem that we have. OK. Any further statements?
Commissioner Plummer: Well, can we legally...
Vice Mayor Gort: Wait a minute, J.L. Let me close the public hearing and have comments from
our Board members.
Commissioner Plummer: Can we bless what's there?
Mr. Maxwell: By rezoning.
Commissioner Plummer: Oh, OK.
69 March 26, 1996
k
Mr. Maxwell: By rezoning. Not otherwise.
Commissioner Plummer: OK. So we can't.
Ms. Rutecki: The covenant number can be reduced. That covenant is still being negotiated. We
can reduce the number in the covenant if that's the position of the City, they'd like to take.
Vice Mayor Gort: Right.
Ms. Cuervo: Right. Then I'd request that maybe we meet with them and come back with a
mutually acceptable covenant.
Ms. Rutecki: This was a number that was suggested by the City. That's why I took it.
Vice Mayor Gort: Excuse me, excuse me. We've closed the public hearing. We will have
comments from our Board members.
Ms. Cuervo: OK.
Vice Mayor Gort: Commissioners, my understanding is this is going to be a first reading. It's
got to come back to a second reading.
Ms. Rutecki: That's correct.
Vice Mayor Gort: So what would the Commission like to do on a first reading? Would you like
to pass subject to coming back in a second reading with statements that we have made?
Commissioner Plummer: Well, I can tell you where I'm at. I am not for any more than what's
presently there. OK? Now, they can live with the nine, and we got to do what we got to do to
make that a livable. That, I'll go along with. But if it's not that, then let's don't take it to a
second reading, because I'm going to vote against it.
Vice Mayor Gort: OK. Why don't you go ahead and make your motion.
Commissioner Plummer: I make a motion, Mr. City...
Mr. Maxwell: Well, he... This is not a special exception. This is a rezoning. So unless the
applicant is willing to tell you now, I think, on the record, that they are willing to voluntarily
covenant...
Commissioner Plummer: OK.
Mr. Maxwell: ... that they're going to stay at nine.
Ms. Rutecki: If you give me about 30 seconds, I could find out, OK?
Vice Mayor Gort: Go ahead. You got 30 seconds.
Ms. Rutecki: I'd ask for that 30 seconds.
Commissioner Plummer: Twenty-nine seconds.
Ms. Rutecki: They would agree to nine units.
70 March 26, 1996
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Commissioner Plummer: I'm sorry?
Ms. Rutecki: They would agree to nine units.
Vice Mayor Gort: OK.
Ms. Rutecki: As it exists now.
Commissioner Plummer: All right. So what's my motion?
Mr. Maxwell: The motion would be to approve, and then we will come back with... subject to a
covenant... well, a voluntarily proffered covenant which would incorporate those concessions.
Commissioner Plummer: I so move.
Vice Mayor Gort: OK. Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: Second. OK. All in favor, state so by saying "aye."
Commissioner Plummer: No, it's an ordinance.
Vice Mayor Gort: Oh, it's an ordinance.
Commissioner Plummer: It's got to be read.
Vice Mayor Gort: OK. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 521-23-
25-27-35-45 NORTHWEST 23RD COURT, FROM DUPLEX RESIDENTIAL TO
MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
71 March 26, 1996
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
37. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
ATLAS -- CHANGE DESIGNATION AT 521-23/525-27/535-37 & 545 N.W. 23
COURT FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY
MEDIUM -DENSITY. [Applicant(s): Luis & Norma Calix, Jesus Noal, Maximo
Loynaz & Sergio Fiallo (owners).]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: PZ-6. This is a change of zoning.
Commissioner Plummer: I move the same six. It's a companion, so it's tied together, and I
move whatever is necessary there.
Commissioner Carollo: Second.
Vice Mayor Gort: It's been moved and seconded. OK. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTI-
FAMILY MEDIUM DENSITY RESIDENTIAL, FOR THE PROPERTY LOCATED
AT 521-23/525-27/535-37 AND 545 NORTHWEST 23RD COURT, MIAMI,
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
72 March 26, 1996
4,
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
,AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Joel Maxwell (Deputy City Attorney): And the covenant is to be back in two weeks.
Commissioner Plummer: And I want you to come back and pinpoint - staff and you - you're
responsible to pinpoint where these R-3s were approved. I want to know.
Vice Mayor Gort: Thank you.
Ms. Heather Rutecki: Thank you.
-------------------------- ---------------------------------------------- ----------------------------------------
38. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT 3601 S.W. 22 TERRACE
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): Universal Realty & Development, Inc.]
Vice Mayor Gort: PZ-7.
Ms. Christina Cuervo (Assistant City Manager): PZ-7 is...
Commissioner Carollo: PZ-7. Can staff show me on the map and tell me the... This property is
on the corner, but all the properties from 36th Avenue to 37th Avenue, on that same side of the
street, what are they zoned in the back?
Commissioner Plummer: Residential.
Ms. Cuervo: Between 36th Avenue and 37th.
Commissioner Plummer: Joe, in the old zoning, most of this, just for your information, was
zoned conditional use.
Commissioner Carollo: Excuse me?
73 March 26, 1996
Commissioner Plummer: Most of this, in the old tradition, was zoned conditional use for
parking.
Commissioner Carollo: That's what I remember.
Commissioner Plummer: But not with any access to the residential side.
Commissioner Carollo: Yeah, that's what I remember. And this is what... Yeah, but we took
the conditional away, didn't we, some time ago?
Commissioner Plummer: Well, you can still... Yeah.
Ms. Lourdes Slazyk: No. The conditional use of the rear is grandfathered with the property for
the parking. The reason they're asking for the zoning change is because they want to put more
in the rear than just parking. Under the conditional use, you can't put things like your dumpsters
and those kinds of things, and they need to expand the front by moving the dumpsters back, so
they're asking for the change of zoning. This property also has a class two special permit for the
drive -through for the eating establishment. Through that class two, we put conditions on them
regarding their landscaping and their wall, and they've proffered those in a covenant with the
zoning change, so that will stay with the property.
Commissioner Carollo: Well, what do they want to build there? Did you say it was Boston
Chicken or something, or...
Ms. Slazyk: That's what it's going to be and that's what it still is. It's a Boston...
Commissioner Carollo: OK. Well, I still really haven't gotten my question answered. In all the
additional lots between 36th Avenue to 37th Avenue, what is the exact zoning in those lots, the
ones facing 22nd Terrace? See, I'm not concerned with this here.
Ms. Slazyk: All right. The ones...
Commissioner Carollo: You know, that particular area, I think this is fine for it, but my concern
is, if we change the zoning fully, and if we don't have to, if we could accommodate this in
another way, and if we change the zoning here, like they want to, if it will affect the rest of 22nd
Terrace. And the other areas from 36th Avenue to 32nd are quite different. And I don't want to
create a problem for the rest of the neighborhood there.
Ms. Slazyk: OK. The zoning is what you see. It's in your package, and it's also on the
overhead here. The properties immediately adjacent to the subject property is already
commercial. It's already C-l. Across 36th Avenue, it's also C-1 already. So this is... It's
wedged in. Three of its four sides already have C-1.
Commissioner Carollo: OK. This is going towards 37th Avenue.
Ms. Slazyk: Right. Between 36th and 37th, three of the lots on 22nd Terrace are already zoned
C-1. They're the three right adjacent to the subject property.
Commissioner Carollo: OK. So there's three already.
Ms. Slazyk: There are already three between this property and 37th Avenue that are already
zoned C-1.
Commissioner Carollo: OK. And this is all they're asking for, for it to be zoned C-1.
74 March 26, 1996
k,
Ms. Slazyk: Yes. And they have plans already on file that we've approved for their class two
special permit that show the landscaping, and they're further covenanting, you know, giving a
covenant to the City as part of the zoning change, that they'll keep that.
Commissioner Carollo: OK. Well, first of all, you have some others that are zoned C-1 legally.
iWe would have to approve it. Otherwise, you know, whether we like it or not, if they were to go
to court, I would say they would win.
Commissioner Plummer: I don't agree with that.
Commissioner Carollo: But in voting for it, in making the motion to approve it, I want to make a
motion specifying that we're approving this with the full intention that the C-1 would stop on
22nd Terrace on 36th Avenue. And I'm saying this so that in the future, we don't keep
expanding it, and others try to use this as the excuse to get it passed or to go into court and try to
get it done that way. So I'm making it clear on the record that it's being passed, based upon this
Commission's position that we do not want C-1 any further than 36th Avenue on 22nd Terrace.
Commissioner Plummer: Well, let me tell you, to get my vote, you're going to have to have a
good buffer in the back, and guarantee no access onto 22nd Terrace, and at least...
Commissioner Carollo: Well, that was part of it, no access on 22nd Terrace.
Commissioner Plummer: OK.
Ms. Slazyk: They did that in their covenant.
Commissioner Carollo: They had stated that before, am I correct?
Mr. Wayne Ginter: That's correct.
Commissioner Carollo: They're only going on the side.
Commissioner Plummer: Yeah, but I want...
Commissioner Carollo: Which they could already.
Commissioner Plummer: I want a ten -foot setback on 22nd Avenue landscaped.
Commissioner Carollo: How much do you have now as a setback?
Mr. Ginter: My name is Wayne Ginter. I reside at 12249 Tropical Way in Miami. And I'm the
chief operating officer for Universal Realty and Development, the applicant. We have proffered
a covenant that provides for a ten -foot landscaped buffer along the terrace, with native hardwood
varieties, with a concrete block wall and aluminum or wrought iron structure on top of that wall,
with no access onto the terrace.
Commissioner Plummer: Well... And to make sure... Is this a 24-hour operation?
Mr. Ginter: Typically not.
Commissioner Carollo: No.
Commissioner Plummer: All right. And also as a condition that they cannot have any lights,
lighting that shines into the residential area. OK?
75 March 26, 1996
k__
Ms. Slazyk: That wouldn't be possible. Did they already agree to that?
Commissioner Plummer: Joe, do you want to move it?
Commissioner Carollo: I move it.
Commissioner Plummer: Is there anybody here that...
Vice Mayor Gort: OK. Wait a minute. Is anyone here in opposition to this item? Anyone else
to speak on item 7? Being none, I close the public hearing.
Ms. Cuervo: Commissioners, can I just add one thing into the record?
Commissioner Plummer: All right. He'll agree to it or he... I'll move to deny. I mean, he can
agree with a covenant prior to the next meeting. If he doesn't agree, well, Boston just had
another tea party.
Vice Mayor Gort: This is the first reading. Yes, Christina.
Ms. Cuervo: OK. And the proposed covenant needs to be amended to reflect the correct legal
description of the property. And apparently, that's something that you need to work out with our
Public Works Department.
Vice Mayor Gort: All right. Do we have a motion?
Commissioner Plummer: Move 7.
Commissioner Carollo: You got a motion. You got a second.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded.
Commissioner Plummer: It's an ordinance.
Vice Mayor Gort: OK. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT 3601 SOUTHWEST 22ND
TERRACE, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
76 March 26, 1996
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
39. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
ATLAS -- CHANGE DESIGNATION AT 3601 S.W. 22 TERRACE FROM R-2
TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
[Applicant(s): Universal Realty & Development, Inc.]
------------------------------------------------------------------------------------------------
Commissioner Plummer: Move S. It's a companion.
Commissioner Carollo: Second, with the same provisions, for discussion.
Vice Mayor Gort: It's been moved and seconded.
Commissioner Carollo: For discussion. Does staff know, and does the applicant know that there
is a lien that was recorded on 12/22/92 on this property that the fines total somewhere in the
neighborhood of a hundred and twenty-three thousand six hundred dollars ($123,600), with a
daily fine of a hundred and fifty dollars ($150)?
Ms. Christina Cuervo (Assistant City Manager): Yes, Commissioner. That was released on
December 6, 1995. This item was presented in November, and apparently, we have to show the
City Commission when it was continued, in the exact same format as we showed it then.
Commissioner Carollo: Well this...
Ms. Cuervo: And that's why it has not been updated.
Commissioner Carollo: Yeah, the computers have not been updated. What was it settled for?
Ms. Cuervo: It was settled for zero dollars.
Commissioner Plummer: What?
Ms. Cuervo: For zero dollars.
Commissioner Plummer: Why?
77 March 26, 1996
ti�
Ms. Cuervo: I don't know.
Commissioner Plummer: I didn't think the City Attorney could negotiate less than 1.5 percent.
Mr. Joel Maxwell (Deputy City Attorney): I don't know that we negotiated that, Commissioner.
That might have been the Code Enforcement Board.
Ms. Cuervo: Yeah. This might have been taken up at the Code Enforcement Board, and that's
why it was released.
Commissioner Plummer: I got to tell you something. Code Enforcement is getting to be a
bigger joke every day.
Commissioner Carollo: You better believe it. You know, and this is why it bothers me when I
hear that we have a hundred and fifty million dollars ($150,000,000) outstanding there in liens,
when in actuality, we really don't.
Commissioner Plummer: We spend a million dollars ($1,000,000) every year of City taxpayers'
money on Code Enforcement. How much was the fine?
Commissioner Carollo: Especially what we're going to be getting out of it.
Commissioner Plummer: How much was the fine?
Ms. Cuervo: It shows on your application or on your zoning fact sheet, a hundred and twenty-
three thousand six hundred dollars ($123,600).
Commissioner Plummer: Ask Code Enforcement. Not you, now, just have a seat.
Vice Mayor Gort: I'd like to get a report for the second reading.
Commissioner Plummer: I want a memo from the Code Enforcement, the rationale and
justification of dropping from a hundred and twenty-three thousand dollar ($123,000) fine to
zilch.
Commissioner Carollo: Well, I want more than that, J.L. I want to know who recommended it.
Commissioner Plummer: Oh, you'll find out.
Commissioner Carollo: I want that all the minutes that we have pertaining to that, I would like
to have a copy, and for copies to be given to each member of the Commission.
Vice Mayor Gort: OK. Have that for the second reading.
Ms. Teresita Fernandez: This item was not before the Code Enforcement Board.
Commissioner Plummer: Well, where was the fine coming from?
Ms. Fernandez: OK. We were advised by the Law Department that the fine had to be zero.
Vice Mayor Gort: Give me your name for the record.
Ms. Fernandez: I mean that we didn't have to collect.
78 March 26, 1996
Commissioner Plummer: Wait a minute. Wait a minute. Who imposed the fine on this
applicant?
Ms. Fernandez: The City.
Commissioner Plummer: Who?
Ms. Cuervo: The City imposed it.
Ms. Fernandez: It was how come...
Commissioner Plummer: Was that not Code Enforcement?
Ms. Cuervo: Yes.
Ms. Fernandez: Yeah.
Commissioner Carollo: Yeah, Code...
Ms. Fernandez: But it was not back to Code Enforcement for mitigation.
Ms. Cuervo: I believe what Teresita is saying is that it did not go in front of the Code
Enforcement Board, that it wasn't mitigated to zero. Somehow it got to zero, and we'll find out
why.
Vice Mayor Gort: We'd like to get a report. We'd like to get a report on how that was done,
who did it, and how, and the rationale behind it.
Ms. Cuervo: We'll find out why and bring it back to you.
Commissioner Plummer: Something ain't making sense here.
Vice Mayor Gort: Please.
Commissioner Plummer: No, no, no. Let's stick to zoning. OK? If we can get it before the
second reading.
Mr. Maxwell: It's possible on this, Commissioner, if I may... Excuse me. I don't know exactly
what happened on this particular case. You are correct, Commissioner, as far as mitigation goes,
the City Attorney's Office doesn't drop below 15 percent, as per instructions from this...
Commissioner Plummer: And under the new rules, they can't, depending on how long it runs
on.
Mr. Maxwell: Right.
Vice Mayor Gort: OK. Well, we'd like to have that information before the second reading.
Mr. Maxwell: It may...
Vice Mayor Gort: For all of us.
Commissioner Carollo: Before second reading.
March 26, 1996
k-
Mr. Maxwell: OK.
Commissioner Carollo: With copies to all the members of the Commission.
Commissioner Plummer: Well, excuse me. Mr. Vice Mayor, this item is not to come back until
we have that information in our hands. If you can get it before the next meeting, fine. If you
can't, then don't put it back on the agenda.
Vice Mayor Gort: OK. Call the roll. Read the ordinance.
Mr. Maxwell: This will be with the covenant, which we'd like to have within two weeks if the
Commission...
Commissioner Plummer: That's all right.
Vice Mayor Gort: OK.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3601
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, EXCEPT FOR A 1' STRIP
ALONG THE ENTIRE SOUTHERLY SIDE OF THE PROPERTY; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
(VOTE FOR THE RECORD: At this point, agenda items PZ-9, PZ-
10, PZ-11, PZ-12 and PZ-13 were withdrawn.
80 March 26, 1996
----------------------------------------------------------------------------------------------------------------
40. APPROVE AMENDED ADDENDUM II TO THE OMNI AREA
REDEVELOPMENT PLAN -- INCORPORATE PROPOSED PERFORMING
ARTS CENTER DEVELOPMENT -- RECOMMEND ADOPTION TO
METROPOLITAN DADE COUNTY COMMISSION FOR FINAL APPROVAL.
[Applicant: Community Redevelopment Agency.]
Vice Mayor Gort: PZ-14.
Ms. Lourdes Slazyk: PZ-14...
Commissioner Carollo: I move 14.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded.
Commissioner Plummer: I can vote on that, can't I, as a member of the board?
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir.
Vice Mayor Gort: We're all members.
Commissioner Plummer: Well, I'm on two boards here. I'm on the CRA (Community
Redevelopment Agency), and I'm also on the Performing Arts. So I got a double whammy. But
I don't know why I can't vote.
Vice Mayor Gort: OK. You don't need to read anything on this.
Commissioner Plummer: It's a resolution.
Mr. Maxwell: It's a resolution.
Vice Mayor Gort: It's a resolution. OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you.
81 March 26, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-234
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE AMENDED AND
RESTATED ADDENDUM II TO THE OMNI AREA REDEVELOPMENT PLAN, IN
SUBSTANTIALLY THE FORM ATTACHED, FOR THE PURPOSE OF
INCORPORATING THE PROPOSED PERFORMING ARTS CENTER
DEVELOPMENT INTO SAID PLAN; RECOMMENDING ADOPTION OF SAID
ADDENDUM II TO THE METROPOLITAN DADE COUNTY COMMISSION, FOR
FINAL APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
TEXT -- MODIFY SIGN REGULATIONS FOR HOTEL USES WITHIN
OFFICE ZONING DISTRICT CLASSIFICATION. [Applicant: Planning &
Revitalization Dept.]
Vice Mayor Gort: PZ-15.
Ms. Lourdes Slazyk: Fifteen is a second reading ordinance to amend sign regulations for hotel
uses within office districts.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Vice Mayor Gort: Second. Call the roll.
82 March 26, 1996
An Ordinance entitled -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 11000 BY AMENDING
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY SIGN
REGULATIONS FOR HOTEL USES WITHIN THE OFFICE ZONING DISTRICT
CLASSIFICATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11350.
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.
----------------------------------------------------------------------------------------------------------------
42. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
TEXT -- (1) SECTION 401, SCHEDULE OF DISTRICT REGULATIONS (A)
ALLOW STATE OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE
DEALERS AS PERMITTED PRINCIPAL USE, (B) ALLOW RENTAL -
PURCHASE STORES AS CONDITIONAL PRINCIPAL USE BY CLASS II
SPECIAL PERMIT IN C-1 RESTRICTED COMMERCIAL ZONING
DISTRICT; (2) SECTION 602 -- ALLOW BREWERY -RESTAURANTS AS
CONDITIONAL PRINCIPAL USE IN SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT; (3) SECTION 613 -- ALLOW DECORATIVE
PLUMBING FIXTURE SHOWROOMS AS PERMITTED PRINCIPAL USE IN
SD-13 S.W. 27 AVENUE GATEWAY DISTRICT; (4) SECTION 915, HEIGHT
REGULATION GENERALLY -- PROVIDE EXCEPTION TO F.S. 333.03(3)
BY CLASS I SPECIAL PERMIT FOR CONSTRUCTION OF EDUCATIONAL
FACILITIES WITHIN CLEAR ZONE OF MIAMI INTERNATIONAL
AIRPORT; (5) SECTION 918, OFFSITE PARKING -- ALLOW TEMPORARY
OFFSTREET PARKING FOR CONSTRUCTION CREWS BY CLASS I
SPECIAL PERMIT; AND (6) SECTION 2502 -- PROVIDE DEFINITIONS.
[Applicant: Community Planning and Revitalization Department.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: PZ-16.
Commissioner Plummer: Somebody has got to explain to me what all these numbers actually
do.
March 26, 1996
Ms. Lourdes Slazyk: PZ-16, all it really is, is a compilation of all the determinations of use from
last year. As we issue them throughout the year, they all need to be codified. We need to put
them into the ordinance.
Commissioner Plummer: Move it.
Ms. Slazyk: And this is a cleanup.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: OK. Call the roll.
Commissioner Plummer: The day is going to come where we're going to have to address the
problem of construction on these streets.
Vice Mayor Gort: Yes.
Commissioner Plummer: Across the street is a good example, where they block those streets at
will, whenever they want, without police out there, without any permits, and the day is going to
have to come when we can't allow them to block streets just to meet their convenience. So you
better start thinking about it.
Vice Mayor Gort: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING:
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW "STATE
OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE DEALERS" AS A
"PERMITTED PRINCIPAL USE" IN THE "C-1" RESTRICTED COMMERCIAL
ZONING DISTRICT; TO ALLOW "RENTAL -PURCHASE" STORES AS A
"CONDITIONAL PRINCIPAL USE" BY CLASS II SPECIAL PERMIT IN THE "C-1"
RESTRICTED COMMERCIAL ZONING DISTRICT; BY AMENDING SECTION 602
TO ALLOW "BREWERY -RESTAURANTS" AS A "CONDITIONAL PRINCIPAL
USE" BY SPECIAL EXCEPTION IN THE "SD-2" COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT; BY AMENDING SECTION 613, TO ALLOW
"DECORATIVE PLUMBING FIXTURE SHOWROOMS" AS A "PERMITTED
PRINCIPAL USE" IN THE "SD-13" SOUTHWEST 27TH AVENUE GATEWAY
DISTRICT; BY AMENDING SECTION 915, "HEIGHT REGULATION,
GENERALLY," TO PROVIDE AN EXCEPTION TO FLORIDA STATUTE'S
SECTION 333.03(3), BY CLASS I SPECIAL PERMIT, FOR THE CONSTRUCTION
OF EDUCATIONAL FACILITIES WITHIN THE CLEAR ZONE OF THE MIAMI
INTERNATIONAL AIRPORT; BY AMENDING SECTION 918 "OFFSITE
PARKING," TO ALLOW TEMPORARY OFFSTREET OFFSITE PARKING FOR
CONSTRUCTION CREWS BY CLASS I SPECIAL PERMIT; AND BY AMENDING
SECTION 2502 TO PROVIDE DEFINITIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
84 March 26, 1996
k,_.
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11351.
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.
----------------------------------------------------------------------------------------------------------------
43. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
TEXT -- AMEND SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS -- ALLOW PUBLIC STORAGE FACILITIES AS A
CONDITIONAL PRINCIPAL USE IN C-1 RESTRICTED COMMERCIAL
ZONING DISTRICT -- ADD SECTION 946 REGULATING / DEFINING
PUBLIC STORAGE FACILITIES. [Applicant: Community Planning &
Revitaalization Department.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: PZ-17.
Commissioner Plummer: Move it.
Commissioner Carollo: Move.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded. Call the roll.
85 March 26, 1996
k,
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY: AMENDING
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW PUBLIC
STORAGE FACILITIES AS A CONDITIONAL PRINCIPAL USE IN THE C-1
RESTRICTED COMMERCIAL ZONING DISTRICT; ADDING A NEW SECTION
946 REGULATING "PUBLIC STORAGE FACILITIES"; DEFINING "PUBLIC
STORAGE FACII.,ITIES"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
44. DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE TO
AMEND ZONING ORDINANCE (11000) TEXT, AMENDING (1) SECTION
917.9, JOINT PARKING FACILITIES FOR CONTIGUOUS USES, SPECIAL
EXCEPTION REQUIRED, (2) SECTION 922.8, JOINT LOADING
FACILITIES FOR CONTIGUOUS USES, CLASS II SPECIAL PERMIT
REQUIRED, AND (3) SECTION 924.1.3, LIMITATIONS ON LOCATION
AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS;
REQUIRING THAT RECORDABLE AGREEMENTS BE PROFFERED BY
APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION;
AMENDING SECTION 922.8, TO PROVIDE FOR FINDINGS / DEFINITIONS
FOR COMBINED FACILITIES, JOINT FACILITIES AND SHARED
FACILITIES. [Applicant: Community Planning & Revitalization Department.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: PZ-18.
Commissioner Carollo: Move.
Commissioner Plummer: Second. I got a question. Are we referring here, in extension of
docks, is that a loading dock only?
Ms. Lourdes Slazyk: No. These are docks out in the water for people on canals.
Commissioner Plummer: How much does this extend these docks?
86 March 26, 1996
k,
Ms. Slazyk: All right. The docks... The extension of the dock is allowed today. This only
addresses when two property owners are going to share a dock, that we need an agreement for
shared, joint and...
Commissioner Plummer: That's not what it says here. It says extension of docks. To me an
extension means that it goes out further into the water or of some kind. Now, that's what I'm
asking.
Ms. Slazyk: Yes. Dock extensions are allowed today. Let me see if Zoning can answer that.
Hold on a second. This ordinance is just to require.
Commissioner Plummer: I move to defer, and they can get back to us later.
Ms. Slazyk: ... agreements.
Commissioner Carollo: Yeah, defer.
Vice Mayor Gort: OK.
NOTE FOR THE RECORD: At this point, agenda item PZ-18 was
continued.
----------------------------------------------------------------------------------------------------------------
4S. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
TEXT, (1) SECTION 608, SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT -- MODIFY REQUIREMENTS FOR MIXED USE
PROJECTS WHICH INCORPORATE A RESIDENTIAL COMPONENT, AND
(2) SECTION 617, SD-17 SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT -- MODIFY / CLARIFY HEIGHT LIMITATIONS. [Applicant:
Community Planning & Revitalization Department.]
Commissioner Carollo: Nineteen then.
Vice Mayor Gort: PZ-19.
Commissioner Carollo: Move.
Commissioner Plummer: Second.
Vice Mayor Gort: Roll call.
87 March 26, 1996
k,
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 608, SD-8 DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT,"
TO MODIFY REQUIREMENTS FOR MIXED USE PROJECTS WHICH
INCORPORATE A RESIDENTIAL COMPONENT; AND SECTION 617, "SD-17
SOUTH BAYSHORE DRIVE OVERLAY DISTRICT," TO MODIFY AND CLARIFY
HEIGHT LIMITATIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
46. DISCUSS AND DEFER PROPOSED FIRST READING ORDINANCE TO
AMEND ZONING ORDINANCE (11000) TEXT, ARTICLE 6, SECTION 620,
SD-20 EDGEWATER OVERLAY DISTRICT, ADDING CERTAIN
COMMERCIAL USES AS CONDITIONAL PRINCIPAL USES WITHIN THE
GROUND FLOOR OF HIGH DENSITY RESIDENTIAL PROJECTS.
[Applicant: Community Planning & Revitalization Department.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: PZ-20.
Commissioner Carollo: Move.
Commissioner Plummer: Second. Now, let me go into this one, because this one was a problem
in the past. This is accessory uses to a high-rise building.
Vice Mayor Gort: Right.
Ms. Lourdes Slazyk: Right.
Commissioner Plummer: Primarily for the purposes to serve the people within that building.
This doesn't allow a disco or a restaurant open to the public, or any of those matters.
Ms. Slazyk: This amendment is to allow offices within high-rise...
Commissioner Plummer: It doesn't say that.
88 March 26, 1996
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Ms. Slazyk: Right.
Commissioner Plummer: It says principle uses on the ground floor. Let me tell you something.
If this, in any way, can be construed to allow any kind of thing that would be open to the public.
Then, you've got to show me where the parking is also mandated. OK?
Ms. Slazyk: OK.
Commissioner Plummer: Because we have a number of cases, Mr. Gort, down on Brickell
Avenue with these high-rises, and they opened up... One had a disco where they had a machine
gun thing in there, and they killed three people. I would prefer to defer this at this time.
Vice Mayor Gort: My understanding, in reading the last paragraph...
Commissioner Plummer: Yeah.
Vice Mayor Gort: ... is that this amendment would specifically allow certain room for office use
by class two special permit.
Ms. Slazyk: Right. 906.7...
Vice Mayor Gort: For high density.
Ms. Slazyk: Right. 906.7 already allows your accessory convenience and restaurants and that
for the use of the building only. This is just adding office to that use. And there's a class two
required where we ensure the parking and everything else is...
Commissioner Plummer: How much parking is going to be required?
Ms. Slazyk: One per 300, just like the office.
Commissioner Plummer: No. No. No. If you put a doctor's office in there - OK? - one per 300
is nowhere near adequate. No.
Ms. Slazyk: Well, the parking would be required as per what we require for that use today in the
ordinance. An office is at a one per 300...
Commissioner Plummer: I'm telling you that's not adequate.
Vice Mayor Gort: What J.L. is saying is, can you get back with the additional parking added to
this? Would that be possible?
Ms. Slazyk: OK.
Commissioner Plummer: Oh, OK.
Ms. Slazyk: I'd be glad to.
Commissioner Plummer: You got to have more parking. I mean, if you have a law office in
there, you're going to have four or five employees, alone, working in there. So I'll go along first
reading. But let me tell you, before second reading...
Ms. Slazyk: Add parking requirements?
89 March 26, 1996
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Commissioner Plummer: ... you better put some teeth into some parking.
Ms. Slazyk: OK.
Vice Mayor Gort: OK. There's a motion on first reading.
Commissioner Plummer: He's already seconded it.
Vice Mayor Gort: Second, OK.
Mr. Joel Maxwell (Deputy City Attorney): Just a point of order, Mr. Vice Mayor.
Commissioner, you're asking to add parking regulations to this?
Commissioner Plummer: I'm asking them to come back at second reading and make more
parking mandatory in there if you want it for offices.
Mr. Maxwell: I would suggest, then, that you defer this item and recycle it, because it would
have to be renoticed with those...
Commissioner Plummer: OK. Then, I'll defer it.
Mr. Maxwell: So when they come back, it will come back on first reading.
Vice Mayor Gort: All right. It's been moved to defer. Second?
Commissioner Plummer: Joe.
Ms. Slazyk: It will go back to PAB then (Planning Advisory Board). It needs to go back to
PAB?
Ms. Christina Cuervo (Assistant City Manager): Mm-hmm.
The following motion was introduced by Commissioner Plummer who moved its adoption:
MOTION NO. 96-235
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-20 (PROPOSED
FIRST READING ORDINANCE TO AMEND ORDINANCE NO. 11000 TO ADD
CERTAIN COMMERCIAL USES AS CONDITIONAL PRINCIPAL USES WITHIN
THE GROUND FLOOR OF HIGH DENSITY RESIDENTIAL PROJECTS);
FURTHER DIRECTING THE ADMINISTRATION TO BRING THIS ISSUE BACK
WITH INCREASED MANDATORY PARKING REQUIREMENTS.
Upon being seconded by Commissioner Carollo the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
90 March 26, 1996
----------------------------------------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000)
TEXT: (1) SECTION 401, SCHEDULE OF DISTRICT REGULATIONS --
ALLOW VEHICLE RENTAL FACILITIES AS A CONDITIONAL PRINCIPAL
USE IN C-1 RESTRICTED COMMERCIAL ZONING DISTRICTS; (2) ADD
SECTION 947, VEHICLE RENTAL FACILITIES -- PROVIDE FOR
REGULATION / IMPLEMENTATION OF SAID USE -- PROVIDE
DEFINITIONS. [Applicant: Community Planning & Revitalization
Department.]
Vice Mayor Gort: PZ-21.
Commissioner Carollo: So move.
Commissioner Plummer: OK. I'm going to second it. Question. This is in any C-1?
Ms. Lourdes Slazyk: Any C-1. Yes. This is...
Ms. Christina Cuervo (Assistant City Manager): Except by special exceptions, so they go to
Zoning Board.
Commissioner Plummer: All right. My next question. Is this limited to just the rental facility,
or does this speak to... they can have a car wash, gasoline, mechanical repairs?
Ms. Slazyk: They can do very limited on -site servicing, and that's listed...
Commissioner Plummer: OK. Before second reading, you bring back to me what... the limited
things they can do on that site.
Ms. Slazyk: All right. It's in here already, but if you want me...
Commissioner Plummer: OK. Then I'll go back and read it again. All right?
Ms. Slazyk: OK.
Commissioner Plummer: Because I don't want to see a full blown excuse for a filling station.
You don't... Well, excuse me. You know what I'm talking about in the reverse? Filling stations
today are putting rental cars on their facility. And I don't want to see this in reverse. OK?
Vice Mayor Gort: OK.
Ms. Slazyk: It's on page 9 and 10, if you want...
Vice Mayor Gort: Read the ordinance.
Commissioner Plummer: Call the roll.
91 March 26, 1996
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An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW
"VEHICLE RENTAL FACILITIES" AS A "CONDITIONAL PRINCIPAL USE" IN
THE "C-1" RESTRICTED COMMERCIAL ZONING DISTRICTS; BY ADDING A
NEW SECTION 947, "VEHICLE RENTAL FACILITIES," PROVIDING FOR
REGULATION AND IMPLEMENTATION OF SAID USE; PROVIDING
DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
48. (A) FIRST READING ORDINANCE: AMEND ZONING ORDINANCE
(11000) TEXT, ARTICLE 9, GENERAL AND SUPPLEMENTARY
REGULATIONS -- ADD SECTION 910, UNITY OF TITLE --
PROVIDE FOR IMPLEMENTATION / DEFINITIONS. [Applicant:
Community Planning & Revitalization Department.]
(B) FIRST READING ORDINANCE: AMEND CODE SECTION 54.5-
11 -- PERMIT PROPERTY OWNERS TO SUBMIT COVENANTS IN
LIEU OF UNITY OF TITLE. [Applicant: Community Planning &
Revitalization Department.]
Commissioner Plummer: Mr. Vice Mayor, 22 and 23 are about the same, and somebody has got
to make me understand what this is.
Ms. Lourdes Slazyk: OK. PZ-22 is to provide a definition and procedures for when a unity of
title can be requested on a project. For many years, we've actually been accepting them in the
City of Miami, but we've never had them defined. We've never had recording procedures,
release procedures, and those things. This is something that's been long overdue in the
ordinance. Anybody who does a single-family home on two lots in the City of Miami, and puts
the house in the middle, gives us a unity of title. So you can't sell one lot without the other as
long as that house is there. This is providing a definition and all the terms. What PZ-22 is
doing... OK, 21 is also adding...
Commissioner Carollo: Hold, hold, hold on. I'm sorry. Let me interrupt you for a minute.
You're saying that if you build a house in between two lots, where a portion of that house goes
into another lot, you are required to get a unity of title?
92 March 26, 1996
Ms. Slazyk: Right. The City right now requests a unity of title.
Commissioner Carollo: Right now. How long has that been in force?
Ms. Slazyk: Way before when I was with the City, so that's at least twelve years they've been
doing it. I can't answer before then, but I know that we've been...
Commissioner Carollo: For at least twelve years. Otherwise, you can't build any additions.
Ms. Slazyk: No. You can't build your principal house.
Commissioner Carollo: Yeah, but in your principal house, if you wanted to build an addition to
it, and that addition went into the other lot, you still couldn't do it. You couldn't get a permit.
Ms. Slazyk: Yes.
Mr. Jack Luft: So you don't sell the lot off, try to sell the lot off where a portion of your house is
sitting on the lot.
Vice Mayor Gort: Half of the house.
Commissioner Plummer: Yeah. But Joe...
Commissioner Carollo: But restricted for half of the house.
Commissioner Plummer: Joe, let me tell you something.
Commissioner Carollo: Well, I'm just asking that because I know of cases where it's happening.
Commissioner Plummer: Well...
Commissioner Carollo: You know what I'm talking about, Jack.
Commissioner Plummer: And I know some cases, also, where in my neighborhood, they went
and built a pool, and that pool extended over, and they made them take a unity of title. Let me
tell you something. That didn't hold up in court. Because when they tried to siphon off the
other lot, they beat it in court. It said you cannot have a non -buildable lot. So, you know, I think
we need some very, very clear definitions, which we don't...
Commissioner Carollo: You want to defer it?
Commissioner Plummer: No, uh-uh. It's first reading.
Commissioner Carollo: OK.
Mr. Joel Maxwell (Deputy City Attorney): May I ask, Commissioners that... This item is
actually a companion item to 23.
Commissioner Carollo: Right.
Mr. Maxwell: And 23 is the one that you should hear, actually, before you vote on 22, because
if you don't want 23, well then 22 becomes moot. So if I could ask you to also take up 23 and
actually vote on 23 prior to 22.
93 March 26, 1996
Vice Mayor Gort: PZ-23.
Ms. Slazyk: OK. Twenty-three is an amendment to the City Code. Part of 22 that I didn't
present yet was the covenant in lieu of unity off title. This is where you want to be able to sell of
a portion, where you have a project that's multi -phased, a big development that has more than
one phase, and you don't want, necessarily, want a unity of title, because you need to sell off a
phase to build another phase, and that kind of thing. You can give the City a covenant in lieu of
unity of title to make sure all the things that we would want in a unity of title are addressed, such
as easements for each other, making sure that when you have shared... When all the parking for
phase... all three phases are in phase one, that everybody has access to it, and it's considered
everybody's required parking, those kinds of things. So the amendment to the City Code is to
say that where a covenant in lieu of unity of title is accepted for a project, pursuant to Section
910.7 of Zoning Ordinance 11000, as amended, replatting will not be required for said project,
that it is not a violation of our subdivision regulations that you can sell off a piece without going
through replatting. So these two work hand in hand in creating the procedures for how they're
recorded, how they're released, when they're required, and for multi phases, how you can buy
and sell without replatting.
Vice Mayor Gort: OK.
Ms. Slazyk: Any questions?
Commissioner Plummer: Oh, go ahead.
Vice Mayor Gort: Move it. It's first reading.
Commissioner Plummer: Yeah, I move it.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: Second.
Mr. Maxwell: This is PZ-23.
Vice Mayor Gort: Roll call.
An Ordinance entitled -
AN ORDINANCE RELATING TO SUBDIVISION REGULATIONS, AMENDING
SECTION 54.5-11 OF THE CODE OF THE CITY OF MIAMI BY PERMITTING
PROPERTY OWNERS TO SUBMIT COVENANTS IN LIEU OF UNITY OF TITLE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
94 March 26, 1996
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was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
Vice Mayor Gort: PZ-22.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Vice Mayor Gort: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS," TO PROVIDE
A NEW SECTION 910 ENTITLED: "UNITY OF TITLE"; PROVIDING FOR
IMPLEMENTATION; PROVIDING DEFINITIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
95 March 26, 1996
----------------------------------------------------------------------------------------------------------------
49. ALLOCATE $30,000 TO NEW WORLD SYMPHONY ORCHESTRA FOR
PERFORMANCE IN COSTA RICA -- SUBJECT TO ORCHESTRA
OBTAINING REMAINING BALANCE ($150,000).
Vice Mayor Gort: That's it.
Commissioner Plummer: Mr. Vice Mayor, I have an item I'd like to bring up, if I may. We
have a tremendous opportunity. One of the biggest cities that we have that supplies tourists to
this community is Costa Rica. They have a program in September of this coming year in which
they would like to bring the New World Symphony to Costa Rica to develop tourism between
the City of Miami and San Jose. There will be a total budget of a hundred and eighty thousand
dollars ($180,000) for the total budget. I am requesting that the City of Miami come up with
thirty thousand ($30,000), if, in fact, they do meet the remaining portion of their budget. The
Tourism Council of Costa Rica, through the Sister City Programs, Joe...
Commissioner Carollo: They want thirty thousand dollars ($30,000).
Commissioner Plummer: If they can come up with the remaining amount of money. OK?
Vice Mayor Gort: They invited us, and our symphony is going to go play there. Is that what
you're saying?
Commissioner Plummer: Yes. It would be our New World Symphony from Miami would go
down there, and that's what the money really is for.
Commissioner Carollo: So they could perform in Costa Rica?
Commissioner Plummer: For one week, yes, sir.
Commissioner Carollo: For one week.
Commissioner Plummer: Yes, sir. Now, that's only predicated on them being able to raise the
rest of the money.
Commissioner Carollo: How much is the rest of...
Commissioner Plummer: One -eighty.
Commissioner Carollo: Yeah, but how much is Dade County offering?
Commissioner Plummer: We're asking TDC (Tourist Development Council) for twenty-five.
OK?
Commissioner Carollo: Thank God you're not asking the Sports Authority for anything more.
Commissioner Plummer: No. I don't ask them for anything.
Commissioner Carollo: I'm down to the end of the barrel here.
96 March 26, 1996
k,-
Commissioner Plummer: Yeah. I will move it at this time, Mr. Vice Mayor, predicated on them
getting the remaining portion of the monies.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: There's a second.
Vice Mayor Gort: OK. Moved and second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-236
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF THE NEW WORLD
SYMPHONY ORCHESTRA, TO ENABLE SAID ORGANIZATION TO PERFORM
IN COSTA RICA; SAID ALLOCATION CONDITIONED UPON SAID
ORGANIZATION OBTAINING THE REMAINDER OF THE $180,000 BUDGETED
FOR SAID EVENT FROM OTHER SOURCES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
50. SCHEDULE COMMISSION MEETING FOR APRIL 2, 1996 TO DISCUSS
MARITIME SPECIAL PARK PROJECT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Any other items to come before this board, in front of this Commission?
Commissioner Plummer: Now, wait a minute. On April the 2nd, is the meeting for the
Maritime, correct?
Commissioner Carollo: April the 2nd, correct.
97 March 26, 1996
k,
Ms. Christina Cuervo (Assistant City Manager): Exactly. At eleven a.m.
Commissioner Plummer. What time of the day is that?
Commissioner Carollo: Eleven.
Vice Mayor Gort: Eleven.
Ms. Cuervo: At eleven a.m. Eleven a.m.
Commissioner Plummer: Eleven a.m.?
Commissioner Carollo: Yeah.
Commissioner Plummer: I mean, are we anticipating a one -hour meeting?
Commissioner Carollo: I would say approximately that.
Commissioner Plummer. OK. The reason I'm asking, Joe, is, you and I have been appointed to
the maritime board, and yet, I have not heard one word from the County or from anybody when
this board is going to meet.
Commissioner Carollo: J.L., if I may say this to you.
Commissioner Plummer: Yeah. You got to do it here in an opening meeting. Right?
Commissioner Carollo: I will recommend that you speak to the City Manager so he could fill
you in. And secondly, even though the County has named their two members and we've named
our two, because the contracts have not been signed, the board is not constituted yet. That's why
we have not met.
Commissioner Plummer: OK.
Commissioner Carollo: And, hopefully, on April 2nd, we will be ready to sign them, and then
we can meet as a board and move ahead with that portion of it.
Commissioner Plummer: OK.
Vice Mayor Gort: Do I have a motion to adjourn?
Commissioner Plummer: It's just... You know, everybody has just been, "Get it done, get it
done," rush, rush, rush. And everybody is not doing anything.
Vice Mayor Gort: That's why they're meeting on the 2nd.
Commissioner Carollo: Well, whoa, whoa, whoa. Let's take it up then, OK? Let's take it up.
It's not everybody.
Commissioner Plummer: No, no, no. I'm not...
Commissioner Carollo: The Manager was supposed to take care of the final wording. Every
time that I asked where we were, he kept telling me, "It's ready to be signed by me, it's ready to
be signed by me." And, in fact, it wasn't ready to be signed by him, because there were a lot of
differences that we had there. And until I took the bull by the horn, like I did with the Sports
98 March 26, 1996
Authority, and got the County Attorneys, the City Attorneys together... Chairman Teele and
myself were present at that meeting, and agreed that yesterday, everybody would meet and we
would start working on that. That is finally when the ball got moving. Otherwise, nobody
would be talking about it yet, and maybe another four months down the line is when it would
finally come up.
Commissioner Plummer: OK. I just was trying to find out what was...
Commissioner Carollo: Well, is that sufficient for now, Commissioner, or do you want more?
Commissioner Plummer: Hey, look, Joe, you know, one more meeting held won't make or
break me.
Vice Mayor Gort: OK. Do I have a motion to adjourn?
Commissioner Plummer: Yeah.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:40 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
99 March 26, 1996