HomeMy WebLinkAboutCC 1995-02-09 Minutes*I I NCORPROHATEb I *
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
February 9, 1995
ITEM
SUBJECT
LEGISLATION PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION 2
SPECIAL ITEMS.
2/9/95
2.
(A) COMMISSIONER DE YURRE
DISCUSSION 3-4
ANNOUNCES A BASKETBALL GAME AT
2/9/95
MIAMI ARENA (NORTHWESTERN VS.
MIAMI HIGH) COORDINATED BY MIAMI
SPORTS AND EXHIBITION AUTHORITY.
(B) MAYOR CLARK WELCOMES SILVER
BLUFF ELEMENTARY SCHOOL STUDENTS.
3.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 4-5
CONSIDERATION OF PROPOSED
2/9/95
RESOLUTION TO AUTHORIZE CITY
MANAGER TO ENTER INTO MUTUAL AID
AGREEMENTS WITH LAW ENFORCEMENT
AGENCIES: (a) METROPOLITAN DADE
COUNTY, (b) SOUTH MIAMI, (c)
HIALEAH, (d) NORTH BAY VILLAGE,
(e) KEY BISCAYNE, (f) NORTH
MIAMI, AND (g) FLORIDA DEPARTMENT
OF LAW ENFORCEMENT -- FOR PURPOSE
OF IMPLEMENTING FLORIDA MUTUAL
AID ACT PROGRAM -- TABLE UNTIL
AFTER LUNCH. (See label 51.7)
4.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 5
OF PROPOSED RESOLUTION TO
2/9/95
AUTHORIZE LAW OFFICE OF HANZMAN
AND CRIDEN, P.A. TO ACT AS CO -
COUNSEL WITH CHRISTOPHER G. KORGE
OF ZACK, PONCE, TUCKER, KORGE &
GILLESPIE, P.A. (FORMERLY ZACK,
HANZMAN, PONCE, TUCKER, KORGE &
GILLESPIE) REGARDING LEGAL
REPRESENTATION OF THE CITY
CONCERNING WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION,
INC. VS. THE CITY OF MIAMI, ET
AL. (DADE COUNTY CIRCUIT CASE NO.
94-12875-CA(25), AUTHORIZING
INCREASE IN ATTORNEY'S FEES.
(See label 52)
5. APPOINT / REAPPOINT INDIVIDUALS R 95-74
TO SERVE AS MEMBERS OF 2/9/95
AFFIRMATIVE ACTION ADVISORY
BOARD. (Reappointed were: Sam
Mason, Robert Valledor, & Jesus
Roiz.)
6. (A) APPOINT DARRYL SHARPTON TO R 95-75
SERVE AS A MEMBER OF THE PROPERTY R 95-76
AND ASSET REVIEW COMMITTEE. 2/9/95
(B) APPOINT HUMBERTO HERNANDEZ
TO SERVE AS A MEMBER OF THE CODE
ENFORCEMENT BOARD.
7. CONFIRM APPOINTMENT OF MICHAEL R 95-77
KOSNITZKY TO THE OFF-STREET 2/9/95
PARKING BOARD.
8. (A) DISCUSS AND DEFER (TO MARCH DISCUSSION
9TH MEETING) CONSIDERATION OF 2/9/95
PROPOSED RESOLUTION TO APPOINT AN
INDIVIDUAL TO SERVE ON THE
WATERFRONT ADVISORY BOARD.
(B) MAYOR CLARK REQUESTS
ADMINISTRATION TO PLACE MORE
INFORMATION ON THE AGENDA IN
CONNECTION WITH BOARD
APPOINTMENTS.
9. DISCUSS AND DEFER (TO MARCH 9TH DISCUSSION
MEETING) CONSIDERATION OF 2/9/95
PROPOSED RESOLUTION TO ESTABLISH
/ APPOINT MEMBERS TO SELECTION
COMMITTEE TO REVIEW / EVALUATE
PROPOSALS FOR PREPARATION OF
CENTRAL SERVICES COST ALLOCATION
PLANS -- COMMISSIONER DAWKINS
REQUESTS ADMINISTRATION TO MAKE
AVAILABLE TO HIM A LIST OF DUTIES
EXPECTED FROM EACH SELECTION
COMMITTEE APPOINTEE.
10. APPOINT INDIVIDUALS TO THE DADE R 95-78
COUNTY VISITOR INDUSTRY VOLUNTARY 2/9/95
EDUCATIONAL SERVICE TRAINING
TRUST. (Appointed were: Amy
Deutch and Sheila Johnson.)
11. WAIVE RESIDENCY REQUIREMENT DUE R 95-79
TO URGENT NEED TO FILL VACANCIES 2/9/95
FOR: (a) COMMUNICATIONS
OPERATORS IN POLICE AND FIRE
DEPARTMENTS, AND (b) INSPECTORS
IN PLANNING, BUILDING & ZONING
DEPARTMENT.
6-7
7-9
10
11
12-14
14-23
12. DIRECT MANAGER TO EXECUTE RENEWAL
OF PRIOR CONTRACT WITH MR. STEVE
PRUITT (WASHINGTON & CHRISTIAN)
AS CITY'S LEGISLATIVE CONSULTANT
($49,000, PLUS $15,000
EXPENSES) -- COMMISSION REQUESTS
REPORT ON LOBBYING PROGRESS.
13. AUTHORIZE ISSUANCE OF REQUEST FOR
PROPOSALS (RFP) ON FEBRUARY 21,
1995 -- FOR UNIFIED DEVELOPMENT
PROJECT (UDP) CONSISTING OF
DEVELOPMENT OF MEGA YACHT MARINA
AND RELATED USES ON CITY -OWNED
WATERFRONT PROPERTY AT WATSON
ISLAND. (See label 14B)
14. (A) AUTHORIZE ISSUANCE OF REQUEST
FOR PROPOSALS (RFP) ON FEBRUARY
28, 1995 -- FOR UNIFIED
DEVELOPMENT PROJECT (UDP)
CONSISTING OF DEVELOPMENT OF THE
MIAMI MARINE STADIUM AND RELATED
MARINE AND RECREATIONAL USES ON
CITY -OWNED WATERFRONT PROPERTY AT
3601 RICKENBACKER CAUSEWAY.
(B) FURTHER DISCUSSION CONCERNING
PRESENT LITIGATION INVOLVING
WATSON ISLAND. (See label 13)
15. (A) AUTHORIZE ISSUANCE OF REQUEST
FOR PROPOSALS ON MARCH 7, 1995 --
FOR UNIFIED DEVELOPMENT PROJECT
(UDP) CONSISTING OF DEVELOPMENT
OF THE VIRGINIA KEY CAMPGROUND
AND ANCILLARY RECREATIONAL
FACILITIES ON CITY -OWNED
WATERFRONT PROPERTY AT VIRGINIA
KEY BEACH.
(B) RESCHEDULE APPOINTMENT OF
SELECTION COMMITTEES AND
CERTIFIED PUBLIC ACCOUNTING FIRMS
IN CONNECTION WITH RFPs FOR UDPs
FOR: (a) MEGA YACHT MARINA AT
WATSON ISLAND, (b) MIAMI MARINE
STADIUM, AND (c) VIRGINIA KEY
CAMPGROUND.
R 95-80
2/9/95
R 95-81
2/9/95
R 95-82
2/9/95
R 95-83
2/9/95
23-27
27-36
37-42
42-61
16. DIRECT THAT A SPECIAL M 95-84
NEIGHBORHOOD ELECTION BE HELD IN 2/9/95
THE CORAL GATE AREA COMPRISED
WITHIN PERIMETER OF DOUGLAS ROAD
(S.W. 37 AVENUE), S.W. 16 STREET,
S.W. 32 AVENUE AND CORAL WAY IN
CONNECTION WITH CONSTRUCTION OF
PERMANENT BARRICADES IN THE EXACT
SITES WHERE TEMPORARY BARRICADES
PRESENTLY STAND -- DIRECT CITY
CLERK TO FULLY ORGANIZE AND
SUPERVISE HOLDING OF SAID
NEIGHBORHOOD ELECTION -- DIRECT
ADMINISTRATION TO BRING BACK THIS
ISSUE AS PART OF THE MARCH 9TH
AGENDA.
17. RATIFY MANAGER'S FINDING OF SOLE R 95-85
SOURCE -- WAIVE COMPETITIVE 2/9/95
SEALED BID REQUIREMENTS --
APPROVE ACQUISITION OF 10 LIFE
PAK 11 DEFIBRILLATORS -- FROM
PHYSIO CONTROL CORPORATION -- FOR
FIRE -RESCUE DEPARTMENT --
ALLOCATE $100,212.
18. WAIVE REQUIREMENTS OF CITY CODE R 95-86
(SECTION 2-302) AS IT PERTAINS TO 2/9/95
WILLIAM RAMOS, CURRENTLY SERVING
ON THE COMMUNITY DEVELOPMENT
ADVISORY BOARD, IN RELATION TO
HIS EMPLOYMENT WITH THE PUBLIC
SERVICE AGENCY, ASPIRA, INC.,
WHICH RECEIVES COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS.
19. RATIFY MANAGER'S FINDING OF SOLE R 95-87
SOURCE -- WAIVE REQUIREMENT FOR 2/9/95
COMPETITIVE BIDS -- APPROVE
PURCHASE OF A FORENSIC DRYING
CABINET FROM DENLEY INSTRUMENTS,
INC. -- FOR POLICE DEPARTMENT.
20. APPROVE QUALIFIED NOMINEES FOR R 95-88
UNIVERSITY OF MIAMI SCHOLARSHIP 2/9/95
PROGRAM FOR 1995-96 ACADEMIC
YEAR. (Approved were: Jorge
Davalos, Miguel Angel Gimenez,
Eva -Florence Goyette, Ivania
Jimenez, Mario Junco, Reinaldo
Ortiz & Lorena Vollrath-Bueno.)
•
98-102
102-104
104-105
105-108
21. PERSONAL APPEARANCE: MS. GLORIA R 95-89
BANGO, MAYOR OF SWEETWATER TO 2/9/95
REQUEST DONATION OF SURPLUS
VEHICLES -- GRANT REQUEST, WHEN
VEHICLES BECOME AVAILABLE.
22. PERSONAL APPEARANCE: MS. GLORIA R 95-90
BANGO, MAYOR OF SWEETWATER TO 2/9/95
REQUEST DONATION OF SIX MIAMI
POLICE DEPARTMENT MOTORCYCLES --
COMMISSION AGREES TO DONATE SIX
MOTORCYCLES EACH TO SWEETWATER,
OPA-LOCKA AND FOUR TO COSTA RICA,
WHEN AVAILABLE.
23. PERSONAL APPEARANCE: MICHAEL M 95-91
FINOCCHIRO FROM THE MIAMI 2/9/95
INTERNATIONAL CONSTRUCTION SHOW /
EXPO (MIACOM) -- REFER REQUEST
FOR WAIVER OF FEES FOR USE OF
COCONUT GROVE CONVENTION CENTER
FOR THEIR EVENT (OCTOBER, 1995)
TO THE INTERNATIONAL TRADE BOARD
(ITB).
24. PERSONAL APPEARANCE: RONALD M 95-92
SCHRAM FROM RIVERGATE PLAZA, LTD. 2/9/95
TO REQUEST REINSTATEMENT OF
HELISTOP USE AT FORMER U.S.
CUSTOMS BUILDING (RIVERGATE PLAZA
WEST, 99 S.E. 5 STREET).
25. BRIEF DISCUSSION CONCERNING THE DISCUSSION
OVERTOWN ADVISORY BOARD. 2/9/95
26. GRANT REQUEST BY REPRESENTATIVE R 95-93
OF COCONUT GROVE ASSOCIATION TO 2/9/95
AUTHORIZE ISSUANCE OF PERMIT TO
SELL ALCOHOLIC BEVERAGES DURING
32ND ANNUAL COCONUT GROVE ARTS
FESTIVAL (FEBRUARY 18-20, 1995).
27. SECOND READING ORDINANCE: AMEND ORDINANCE
CODE CHAPTER 2, ARTICLE X 11213
(SECTIONS 2-393, 2-403, 2-404, 2- 2/9/95
405, 2-406, 2-407, 2-408 AND 2-
409) -- TO PROVIDE ENFORCEMENT
PROCEDURES AND CIVIL PENALTIES
FOR CODE ENFORCEMENT VIOLATIONS.
108-109
110•-111
112-115
115-119
119-121
121-123
123-124
28.
SECOND READING ORDINANCE: AMEND
ORDINANCE
124-125
CODE CHAPTER 2, ARTICLE X,
11214
SECTION 2-397 -- TO PROVIDE FEE
2/9/95
SCHEDULE FOR MITIGATION OF
ACCUMULATED FINES IMPOSED BY CODE
ENFORCEMENT BOARD.
29.
SECOND READING ORDINANCE:
ORDINANCE
125-126
ESTABLISH NEW SPECIAL REVENUE
11215
FUND: DERELICT VESSEL REMOVAL
2/9/95
GRANT PROGRAM -- APPROPRIATE
$28,057 FROM FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
GRANT -- ACCEPT GRANT -- EXECUTE
NECESSARY DOCUMENTS.
30.
SECOND READING ORDINANCE: AMEND
ORDINANCE
126-129
11180 (ANNUAL APPROPRIATIONS
11216
ORDINANCE FOR FY'95) -- ESTABLISH
2/9/95
NEW ENTERPRISE FUND: MARINE
STADIUM MARINA.
31.
DISCUSS AND DEFER CONSIDERATION
M 95-94
129-130
OF PROPOSED FIRST READING
2/9/95
ORDINANCE TO AMEND CODE SECTION
54-105 (TEMPORARY ENCROACHMENTS)
TO PERMIT TEMPORARY FENCE / WALL
/ HEDGE ENCROACHMENTS WITHIN
DEDICATED RIGHTS -OF -WAY.
32.
FIRST READING ORDINANCE:
ORDINANCE
130-131
ESTABLISH SPECIAL REVENUE FUND:
FIRST
SOLID WASTE REDUCTION: RECYCLING
READING
AND EDUCATION (FY'95) -- ACCEPT
2/9/95
GRANT ($456,779) FROM STATE OF
FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION FOR
RECYCLING PROGRAM -- EXECUTE
NECESSARY DOCUMENTS.
33. FIRST READING ORDINANCE: AMEND
11205 (CAPITAL IMPROVEMENTS
APPROPRIATION ORDINANCE) --
ESTABLISH NEW CAPITAL PROJECT:
SOUTH FLORIDA URBAN SEARCH AND
RESCUE TASK FORCE EQUIPMENT
ACQUISITION PROGRAM (PROJECT NO.
313825) -- APPROPRIATE $495,000
FROM THE HURRICANE ANDREW
RECOVERY AND REBUILDING TRUST
FUND (AS ADMINISTERED BY FLORIDA
DEPARTMENT OF COMMUNITY
AFFAIRS) -- FOR PURCHASE OF
EQUIPMENT RELATED TO PROVISION OF
DISASTER ASSISTANCE.
34. (A) AUTHORIZE MANAGER TO CANCEL
INVITATION FOR BID NO. 94-95-045,
WHEREBY BIDS FOR PROVISION OF
RESIDENTIAL GARBAGE, TRASH AND
RECYCLING SERVICES, COLLECTION
AND DISPOSAL OF WASTE ILLEGALLY
DUMPED ON CITY STREETS, RIGHTS -
OF -WAY AND PROPERTY, AND CLEANUP
AFTER SPECIAL EVENTS WERE
SOLICITED.
(B) FIRST READING ORDINANCE:
AMEND CODE SECTION 40-239 --
PROVIDE INCENTIVE RETIREMENT
PROGRAM TO MEMBERS OF GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT
TRUST REPRESENTED BY LABORERS'
INTERNATIONAL UNION OF NORTH
AMERICA, AFL-CIO, LOCAL 800 --
PROVIDE FOR HEALTH INSURANCE
COVERAGE.
(C) FIRST READING ORDINANCE:
AMEND CODE SECTION 22-12(a)
(GARBAGE AND TRASH / ARTICLE 1 /
WASTE FEES) -- REFLECT PURPOSE
FOR WASTE FEES AND PROVIDE FOR
INCREASES.
(D) AUTHORIZE MANAGER TO ENTER
INTO COLLECTIVE BARGAINING
AGREEMENT WITH LABORER'S
INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 800 -- FOR PERIOD
OCTOBER 1, 1994 - SEPTEMBER 30,
1997.
ORDINANCE
FIRST
READING
2/9/95
R 95-95
ORDINANCE
FIRST
READING
R 95-96
2/9/95
132-135
135-151
35. AUTHORIZE MANAGER TO NEGOTIATE:
(A) PROPOSED SALE / PURCHASE
AGREEMENT WITH FLORIDA POWER &
LIGHT COMPANY (FPL) FOR PURCHASE
FOR FPL'S PROPERTY (10 STORY
OFFICE BUILDING AND 7 LEVEL
PARKING GARAGE) KNOWN AS "THE
MIAMI RIVERSIDE CENTER" (400 S.W.
2 AVENUE); AND (B) A PURCHASE /
SALE AGREEMENT WITH ALANDCO, INC.
FOR PURCHASE OF TWO ADJACENT
TRACTS OWNED BY ALANDCO -- ALL
SUBJECT TO FINAL APPROVAL BY THE
CITY COMMISSION AT A PUBLIC
HEARING IN ACCORDANCE WITH
FLORIDA STATUTE 166.045 (1993) --
DIRECT MANAGER TO OBTAIN REQUIRED
ENVIRONMENTAL TESTING AND/OR
ASSESSMENTS.
36. AUTHORIZE MANAGER TO NEGOTIATE
RESTRUCTURING OF $400,000 LOAN TO
MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC.
(EVIDENCED BY AGREEMENT AND
PROMISSORY NOTE AND SECURED BY A
FOURTH MORTGAGE) -- EXECUTE
REQUIRED DOCUMENTS TO EVIDENCE
RESTRUCTURING SAID LOAN.
37. DECLARE UNIFIED DEVELOPMENT
PROJECT (UDP) AS MOST
ADVANTAGEOUS METHOD TO DEVELOP
IMPROVEMENTS ON CITY -OWNED
WATERFRONT LAND -- AUTHORIZE
PREPARATION OF DRAFT REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT
OF A SPECIALTY BOTANICAL GARDEN
ATTRACTION IN THE VICINITY OF THE
JAPANESE GARDEN AND MIAMI YACHT
CLUB ON WATSON ISLAND -- SET
PUBLIC HEARING FOR MAY 11, 1995.
R 95-97
2/9/95
R 95-98
2/9/95
R 95-99
2/9/95
152-156
156-158
158-159
38. APPROVE, IN PRINCIPLE,
DESIGNATION OF THE URBAN LEAGUE
OF GREATER MIAMI, INC. AS SPONSOR
TO UNDERTAKE DEVELOPMENT OF SIX
NEW SINGLE FAMILY HOMES
AFFORDABLE TO FAMILIES /
INDIVIDUALS OF LOW / MODERATE
INCOME ON CITY -OWNED VACANT
PARCELS IN MODEL CITY
NEIGHBORHOOD -- SUBJECT TO SAID
CORPORATION PROVIDING EVIDENCE
ACCEPTABLE TO THE CITY OF FIRM
COMMITMENTS FOR PROJECT
CONSTRUCTION AND PERMANENT
FINANCING -- DIRECT URBAN LEAGUE
TO PREPARE / FINALIZE PROJECT
PLANS / SPECIFICATIONS /
CONSTRUCTION / PERMANENT
FINANCING / CONSTRUCTION
SCHEDULE, TO BE SUBMITTED WITHIN
12 MONTHS FOR FINAL APPROVAL BY
CITY COMMISSION.
39. VICE MAYOR PLUMMER REQUESTS THAT
THE ST. HUGH OAKS CONTRACTOR BE
INVITED TO APPEAR AT NEXT
COMMISSION MEETING TO ANSWER
QUESTIONS UNDER OATH --
COMMISSIONER DAWKINS REQUESTS
THAT THE PERSON(S) RESPONSIBLE
FOR DIGGING HOLES BEHIND ST. HUGH
OAKS PROPERTY APPEAR BEFORE THE
COMMISSION.
40. REALLOCATE $50,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
(CDBG PROJECT: MULTIFAMILY
HOUSING REHABILITATION LOAN
PROGRAM REVENUE ACCOUNT) IN ORDER
TO PROVIDE ADMINISTRATIVE FUNDING
TO THE URBAN LEAGUE OF GREATER
MIAMI, INC. FOR UNDERTAKING
HOUSING RELATED ACTIVITIES IN
MODEL CITY NEIGHBORHOOD -- ALL
INVOICES TO BE SUBMITTED TO
ADMINISTRATION-- EXECUTE
AGREEMENT.
R 95-100
2/9/95
DISCUSSION
2/9/95
R 95-101
2/9/95
160-163
163-164
164-167
41. CONFIRM RESOLUTION 89-828,
THEREBY ESTABLISHING THE FLAGLER
/ CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT --
EXTEND SAID DISTRICT FOR
ADDITIONAL ONE YEAR PERIOD --
DESIGNATE PROPERTY UPON WHICH
SPECIAL ASSESSMENTS SHALL BE
MADE -- ESTABLISH / LEVY SPECIAL
ASSESSMENTS AGAINST PROPERTIES IN
SAID DISTRICT FOR PROVISION OF
PROMOTION, MARKETING AND OTHER
SIMILAR SERVICES FOR PURPOSE OF
STABILIZING / IMPROVING SAID
DISTRICT.
42. AUTHORIZE MANAGER TO ISSUE
REQUEST FOR PROPOSALS (RFP) TO
SOLICIT / EVALUATE / SELECT
MANAGING UNDERWRITERS FOR TAX-
EXEMPT AND TAXABLE NOTE AND BOND
FINANCINGS -- APPOINT SELECTION
COMMITTEE. (Appointed were:
Boris Rosen, Luis Ajamil, Mikki
Canton & Manny Diaz. Pending
still is one appointment.)
43. PURCHASE THREE 1995 FORD
RECYCLING TRUCKS (FROM EXISTING
STATE OF FLORIDA CONTRACT NO.
070-700-95-1) -- FROM ATLANTIC
FORD -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID
WASTE -- ALLOCATE $323,649.
44. (A) APPROVE LEASE / PURCHASE OF
230 1995 CHEVROLET CAPRICE
PURSUIT VEHICLES (UNDER EXISTING
DADE COUNTY CONTRACT NO. 3407-
OEC-3) -- FROM ED MORSE
CHEVROLET -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION /
SOLID WASTE -- VEHICLES TO BE
ACQUIRED THROUGH 36-MONTH LEASE /
PURCHASE PLAN OFFERED BY A
FINANCIAL INSTITUTION -- ALLOCATE
$3,544,373.60.
(B) VICE MAYOR PLUMMER DIRECTS
ADMINISTRATION TO ENSURE THAT ALL
POLICE CARS HAVE CITY DECALS ON
THEM. (See label 53)
R 95-102 167-171
2/9/95
R 95-103 171-173
2/9/95
R 95-104 173-174
2/9/95
R 95-105 174-179
2/9/95
45. DISCUSS AND DEFER CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION TO ACCEPT
2/9/95
PROPOSAL OF ENERGY PERFORMANCE
SERVICES, INC. -- FOR DESIGN /
ACQUISITION / INSTALLATION /
MAINTENANCE / TRAINING TO PROVIDE
COMPREHENSIVE MANAGEMENT, FULL
RANGE OF ENERGY DEVICES AND
ENERGY -RELATED IMPROVEMENTS FOR
10 CITY -OWNED FACILITIES. (See
label 50)
46. ACCEPT BID: PITMAN PHOTO,
R 95-106
INC. -- FOR FURNISHING OF
2/9/95
PHOTOGRAPHIC SUPPLIES TO
DEPARTMENT OF POLICE -- ALLOCATE
$101,874 -- EXTEND CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
47. ACCEPT BID: W. P. AUSTIN R 95-107
CONSTRUCTION, CORP. (TOTAL 2/9/95
BID) -- FOR PROJECT: MIAMI POLICE
HEADQUARTERS - 3RD AND 4TH FLOOR
ADDITIONS B-2920A, SECOND
BIDDING -- ALLOCATE $261,461 (CIP
312029) -- EXECUTE CONTRACT.
48. EXECUTE SUBORDINATION AGREEMENT
R 95-108
IN CONNECTION WITH LEASE
2/9/95
AGREEMENT WITH OLYMPIA BUILDING
PARTNERS, LTD.
49. EXECUTE LOAN AGREEMENT WITH
R 95-109
OLYMPIA BUILDING PARTNERS,
2/9/95
LTD. -- TO BE USED IN
REDEVELOPMENT OF THE OLYMPIA
BUILDING (174 E. FLAGLER
STREET) -- ALLOCATE $600,000 FROM
CDBG-ASSISTED MULTIFAMILY
REHABILITATION LOAN PROGRAM.
50. ACCEPT PROPOSAL OF ENERGY
R 95-110
PERFORMANCE SERVICES, INC. -- FOR
DESIGN / ACQUISITION /
INSTALLATION / MAINTENANCE /
TRAINING TO PROVIDE COMPREHENSIVE
MANAGEMENT, FULL RANGE OF ENERGY
DEVICES AND ENERGY -RELATED
IMPROVEMENTS FOR 10 CITY -OWNED
FACILITIES -- VICE MAYOR PLUMMER
INVOKES 72-HOUR VETO POWER. (See
label 45)
181-182
182-185
185-195
195-196
196-197
51..
CONSENT AGENDA.
DISCUSSION
2/9/95
51.1
PURCHASE SAFETY SHOES / BOOTS
R 95-111
FROM LEHIGH SAFETY SHOE COMPANY
2/9/95
THROUGH (a) GLOBAL TRADING, INC.,
(b) ORLANDO FIRE EQUIPMENT, (c)
IRON AGE CORPORATION, (d) RITZ
SAFETY EQUIPMENT, INC., (e) KNAPP
SHOES, INC., AND (f) SAM MALLEN
COMPANY -- FOR USE BY VARIOUS
CITY DEPARTMENTS (UNDER EXISTING
DADE COUNTY CONTRACT NO. 1802-
1/96) -- ALLOCATE $72,000 --
EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
51.2
ACCEPT BID: METRO
R 95-112
DISTRIBUTORS -- FOR FURNISHING
2/9/95
ASP BATONS AND RELATED
EQUIPMENT -- FOR POLICE
DEPARTMENT -- ALLOCATE $59,305.
51.3
ACCEPT BIDS: (a) TRADE SERVICES
R 95-113
INDUSTRIES, AND (b) AFTER HOURS
2/9/95
CLEANING SERVICES -- FOR
FURNISHING CUSTODIAL MAINTENANCE
SERVICES TO PARKS & RECREATION
OFFICES AND FIRE GARAGE
ADMINISTRATION -- FOR DEPARTMENT
OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE --
ALLOCATE $11,628 -- EXTEND
CONTRACTS, SUBJECT TO
AVAILABILITY OF FUNDS.
51.4
ACCEPT BIDS: (a) TRADE SERVICES
R 95-114
INDUSTRIES, (b) ETCETERA
2/9/95
SERVICES, AND (c) SERVICES
DIVERSIFIED -- FOR FURNISHING
CUSTODIAL MAINTENANCE SERVICES
TO: (a) POLICE SOUTH SUBSTATION,
(b) EDGEWATER MINI STATION, (c)
DAVID HERRING TRAINING CENTER,
(d) MARINE PATROL OFFICE, AND (e)
OVERTOWN MINI STATION -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE --
ALLOCATE $33,912 -- EXTEND
CONTRACTS, SUBJECT TO
AVAILABILITY OF FUNDS.
1.98-199
M
200
201
202
51.5 ACCEPT BIDS: (a) TRADE SERVICES
INDUSTRIES, AND (b) AFTER HOURS
CLEANING SERVICE -- FOR
FURNISHING CUSTODIAL MAINTENANCE
SERVICES TO: (a) GENERAL
SERVICES ADMINISTRATION BUILDING,
(b) PROPERTY MAINTENANCE
BUILDING, AND (c) DOWNTOWN MINI
POLICE STATION -- FOR DEPARTMENT
OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE --
ALLOCATE $10,464 -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
51.6 ACCEPT BID: TRANSPORTATION
EQUIPMENT, INC. -- FOR FURNISHING
THREE 40-FT. STORAGE CONTAINERS
ON LEASE / RENTAL BASIS -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE --
ALLOCATE $6,690.
51.7 AUTHORIZE MANAGER TO ENTER INTO
MUTUAL AID AGREEMENTS WITH LAW
ENFORCEMENT AGENCIES: (a)
METROPOLITAN DADE COUNTY, (b)
SOUTH MIAMI, (c) HIALEAH, (d)
NORTH BAY VILLAGE, (e) KEY
BISCAYNE, (f) NORTH MIAMI, AND
(g) FLORIDA DEPARTMENT OF LAW
ENFORCEMENT -- FOR PURPOSE OF
IMPLEMENTING THE FLORIDA MUTUAL
AID ACT PROGRAM. (See label 3)
51.8 AUTHORIZE MANAGER TO EXECUTE
SETTLEMENT AGREEMENT WITH
PLAINTIFFS CHRIS LEONE AND
ROBERTO PEREZ, SUBJECT TO COURT'S
APPROVAL (U.S. DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION, CASE NO. 92-2396-
CIV-DAVIS/GABBER).
51.9 RATIFY MANAGER'S WAIVER OF ALL
USER FEES FOR USE OF BOBBY MADURO
MIAMI BASEBALL STADIUM BY MIAMI
DADE COMMUNITY COLLEGE - WOLFSON
CAMPUS -- FOR PRESENTATION OF
GAMES / PRACTICES BY SAID
SCHOOL'S BASEBALL TEAM, THE
BARRACUDAS (SEPTEMBER 20, 1994 -
APRIL 20, 1995) -- EXECUTE
AGREEMENT.
R 95-115
2/9/95
R 95-116
2/9/95
R 95-117
2/9/95
R 95-118
2/9/95
R 95-119
2/9/95
203
203-204
204
204
204-205
51.10 RATIFY MANAGER'S ESTABLISHMENT OF
SPECIAL CHARGES / TERMS /
CONDITIONS FOR USE OF BOBBY
MADURO MIAMI BASEBALL STADIUM BY
MAYOR SAMPEDRANA SOCCER LEAGUE OF
MIAMI -- FOR PRESENTATION OF
SOCCER GAMES (JANUARY 8, 1995 -
DECEMBER 31, 1995) -- EXECUTE
AGREEMENT.
51.11 RATIFY CITY ATTORNEY'S ENGAGEMENT
OF LAW FIRM: SEMET, LICKSTEIN,
MORGAN, STERN, BERGER, FRIEND,
BROOKE AND GORDON -- TO SERVE AS
COUNSEL BEFORE U.S. BANKRUPTCY
COURT, SOUTHERN DISTRICT, IN
CONNECTION WITH CHAPTER 11
PROCEEDINGS FILED BY VIRGINIA KEY
MARINA CORPORATION -- ALLOCATE
$12,000.
51.12 EXECUTE AGREEMENT: VOLUME
REDUCTION SERVICES, INC. -- TO
PROVIDE GRINDING SERVICES OF
LARGE STUMPS / LOGS AT VIRGINIA
KEY YARD / TRASH MANAGEMENT
FACILITY AT 3851 RICKENBACKER
CAUSEWAY -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION /
SOLID WASTE -- FOR APPROX. 3,125
TONS OF FINISHED MULCH PRODUCT AT
$16.00 PER TON (TOTAL $50,000) --
ALLOCATE FUNDS FROM FY'95
RECYCLING AND EDUCATION GRANT
FUND.
R 95-120
2/9/95
R 95-121
2/9/95
R 95-122
2/9/95
205
205-206
206
51.13 EXECUTE AGREEMENT: STATE OF R 95-123 207
FLORIDA DIVISION OF TOURISM -- 2/9/95
FOR ACCEPTANCE OF $15,000 GRANT
IN SUPPORT OF: 1994 MIAMI
HISPANIC MEDIA CONFERENCE
(OCTOBER 26-28, 1994).
51.14 EXECUTE AGREEMENT: METROPOLITAN R 95-124 207
DADE COUNTY TOURIST DEVELOPMENT 2/9/95
COUNCIL -- FOR ACCEPTANCE OF
$15,000 GRANT IN SUPPORT OF: 1994
MIAMI HISPANIC MEDIA CONFERENCE
(OCTOBER 26-28, 1994).
51.15 ACCEPT PLAT: MARTINEZ UTOPIA. R 95-125 207-208
51.16 ACCEPT PLAT: DOUGLAS GARDENS R 95-126 208
SOUTH REVISED. 2/9/95
51.17 ACCEPT FIVE DEEDS OF DEDICATION: R 95-127
FOR HIGHWAY PURPOSES. 2/9/95
51.18 ACCEPT DONATION: 1984 TOYOTA R 95-128
WAGON (VIN NO. JT3YR22V5E5018649) 2/9/95
FOR POLICE DEPARTMENT -- FROM
DOWNTOWN TOWING -- ACCEPT
DONATION OF FULL MAINTAINANCE FOR
SAID VEHICLE FROM MOLINA TOWING,
INC.
51.19 AUTHORIZE PURCHASE: COMPUTER R 95-129
ACCESSORIES AND FURNITURE FROM 2/9/95
OFFICE CONNECTION (UNDER EXISTING
DADE COUNTY BID NO. 1072/1-95) --
TO ACCOMMODATE NEWLY ACQUIRED
COMPUTER SYSTEM IN LAW
DEPARTMENT -- ALLOCATE $7,500.
52. (Continued Discussion) AUTHORIZE R 95-130
LAW OFFICE OF HANZMAN AND CRIDEN, 2/9/95
P.A. TO ACT AS CO -COUNSEL WITH
CHRISTOPHER G. KORGE OF ZACK,
PONCE, TUCKER, KORGE & GILLESPIE,
P.A. (FORMERLY ZACK, HANZMAN,
PONCE, TUCKER, KORGE & GILLESPIE)
REGARDING LEGAL REPRESENTATION OF
THE CITY CONCERNING WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION, INC. VS. THE CITY OF
MIAMI, ET AL. (DADE COUNTY
CIRCUIT COURT CASE NO. 94-12875-
CA(25), AUTHORIZING INCREASE IN
ATTORNEY'S FEES ($60,000). (See
label 4)
53. DISCUSSION CONCERNING CITY DECALS DISCUSSION
ON POLICE CARS. (See label 44B) 2/9/95
54. OFFICIALLY CLOSE / VACATE / R 95-131
ABANDON / DISCONTINUE PUBLIC USE 2/9/95
OF N.W. 11 AVENUE BETWEEN N.W. 29
TERRACE AND N.W. 30 STREET, AS A
CONDITION OF APPROVAL OF
TENTATIVE PLAT 1461 (SANTA CLARA
ELEMENTARY SCHOOL SUBDIVISION),
FOR PROPERTY AT 1051 N.W. 29
TERRACE. (Applicant: School
Board of Dade County.)
f
208
209
209-212
212-214
214-216
55. DISCUSS AND CONTINUE (TO MARCH
23RD MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPEAL
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DECISION TO
DENY A CERTIFICATE OF
APPROPRIATENESS (AFTER THE FACT)
FOR CONSTRUCTION OF A 5 FOOT
CHAIN LINK FENCE SURROUNDING
PROPERTY AT 4514 N.E. 1 AVENUE.
(Applicant / Appellant: Susana
Baker.)
56. APPROVE RELEASE OF DECLARATION OF
RESTRICTIVE COVENANTS AND
MODIFICATION FOR PROPERTY OWNED
BY CHALLENGER INVESTMENTS, INC.
AT 2951-2999 S.W. 22 TERRACE.
(Applicant: Amancio V. Suarez for
Challenger Investments, Inc.)
57. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 3015-17 S.W. 22
TERRACE FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL.
(Applicant: Celia Rau, owner, &
Amancio Suarez, buyer.)
58. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 3015-3017 S.W. 22 TERRACE FROM
R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL.
(Applicant: Celia Rau, owner, &
Amancio Suarez, buyer.)
59. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 3001 & 3019-21
S.W. 22 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Amancio
Suarez, Challenger Investments,
Inc.)
DISCUSSION
2/9/95
R 95-132
2/9/95
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
216-218
218-221
221-224
224
225
60. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 3001 & 3019-21 S.W. 22 TERRACE
FROM R-2 TWO-FAMILY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL.
(Applicant: Amancio Suarez,
Challenger Investments, Inc.)
61. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 3023-25-2''.-w31-33
S.W. 22 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Ana &
Nicola Cossentino.)
62. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 3023-25-27-31-33 S.W. 22
TERRACE FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant: Nicola &
Ana Cossentino.)
63. OFFICIALLY CLOSE / VACATE /
ABANDON / DISCONTINUE PUBLIC USE
OF PRIVATE ALLEY BETWEEN S.E. 14
TERRACE AND S.E. 14 STREET, AS A
CONDITION OF APPROVAL OF
TENTATIVE PLAT 1464-A (ST. JAMES
AT BRICKELL SUBDIVISION), FOR
PROPERTY LOCATED BETWEEN S.E. 14
TERRACE AND S.E. 14 STREET.
(Applicant: Terremark Brickell
Ltd.)
64. SECOND READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 1902 N.W. 14
AVENUE FROM HIGH DENSITY MULTI-
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Sun Bank
/ Miami, N.A. & VAH Miami,
Federal Credit Union, buyer.)
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
R 95-133
2/9/95
ORDINANCE
11217
2/9/95
225-226
227
228-229
230-233
233-234
65. SECOND READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 1902 N.W. 14 AVENUE FROM R-4
MULTI -FAMILY HIGH -DENSITY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant: Sun Bank
/ Miami, N.A. & VAH Miami,
Federal Credit Union, buyer.)
66. GRANT SPECIAL EXCEPTION FROM
11000 TO ALLOW A CREDIT UNION /
BANKING FACILITY, SUBJECT TO
REZONING OF PROPERTY AT 1902 N.W.
14 AVENUE FROM R-4 MULTI -FAMILY
HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL.
(Applicant: Sun Bank / Miami,
N.A. & VAH Miami, Federal Credit
Union, buyer.)
67. SECOND READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 168-200 S.W. 32
ROAD, 3200-3202 S.W. 1 AVENUE &
1100-1139 S.W. 22 TERRACE FROM
HIGH DENSITY MULTI -FAMILY
RESIDENTIAL TO DUPLEX
RESIDENTIAL. (Applicant:
Vizcatran, Ltd.)
68. SECOND READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 168-200 S.W. 32 ROAD, 3200-
3202 S.W. 1 AVENUE & 1100-1139
S.W. 22 TERRACE FROM R-4 MULTI-
FAMILY HIGH -DENSITY RESIDENTIAL
TO R-2 TWO-FAMILY RESIDENTIAL.
(Applicant: Vizcatran, Ltd.)
69. SECOND READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 2474 S.W. 27
TERRACE FROM SINGLE FAMILY
RESIDENTIAL TO OFFICE, SUBJECT TO
PROVISION OF COVENANT.
(Applicant: Stephen D. & Elaine
H. Pearson.)
ORDINANCE
11218
2/9/95
R 95-134
2/9/95
ORDINANCE
11219
2/9/95
ORDINANCE
11220
2/9/95
ORDINANCE
11221
2/9/95
234-235
235-238
238-239
239-241
241-245
70. FIRST READING ORDINANCE: AMEND
ORDINANCE 245-246
11000 ATLAS -- CHANGE DESIGNATION
FIRST
AT 2474 S.W. 27 TERRACE FROM R-1
READING
SINGLE-FAMILY RESIDENTIAL TO 0-
2/9/95
OFFICE. (Applicant: Stephen D. &
Elaine H. Pearson.)
71. FIRST READING ORDINANCE: AMEND
ORDINANCE 246-247
11000 ATLAS -- CHANGE DESIGNATION
FIRST
AT 2474 S.W. 27 TERRACE BY ADDING
READING
SD-19 DESIGNATED F.A.R. OVERLAY
2/9/95
DISTRICT (F.A.R. OF 0.5).
(Applicant: Planning, Building &
Zoning Department.)
72. (A) DISCUSS AND CONTINUE (TO
DISCUSSION 247-249
MARCH 23RD MEETING) CONSIDERATION
2/9/95
OF PROPOSED FIRST READING
ORDINANCE TO AMEND 10544 (MCNP)
FUTURE LAND USE MAP BY CHANGING
LAND USE DESIGNATION AT 2725 N.W.
6 STREET FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: G.
Palbicke & Fiduciary Trust Int.
of the South & H. Tannen, TR.)
(B) DISCUSS AND CONTINUE (TO
MARCH 23RD MEETING) CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 ATLAS BY
CHANGING DESIGNATION AT 2725 N.W.
6 STREET FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-•l RESTRICTED
COMMERCIAL. (Applicant: G.
Palbicke & Fiduciary Trust Int.
of the South & H. Tannen, TR.)
73. (A) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND 10544
(MCNP) FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION AT
2537-43 S.W. 11 STREET FROM
DUPLEX RESIDENTIAL TO MULTI-
FAMILY MEDIUM DENSITY
RESIDENTIAL. (Applicant: Jose E.
& Maria J. Valdes.) (See label
86)
(B) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND 11000
ATLAS BY CHANGING DESIGNATION AT
2537-2543 S.W. 11 STREET FROM R-2
TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL.
74. (A) GRANT SPECIAL EXCEPTION TO
ALLOW ONE ADDITIONAL DWELLING
UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA, FOR
PROJECT CONTAINING TWO STRUCTURES
WITH THREE UNITS AND 7,500 SQUARE
FOOT LOT SIZE, FOR PROPERTY AT
827, 827-1/2 AND 831 N.W. 33.
AVENUE - (ZONED. R-2 .-TWO-FAMILY
RESIDENTIAL). (Applicant:
Antonio' Fuentes .) .
(B), GRANT SPECIAL EXCEPTION TO
ALLOW- ONE ADDITIONAL DWELLING
UNIT -FOR EACH _ ADIITIONAL 2,-500-
SQUARE FEET OF LOT. AREA,. FOR
PROJECT'CONTAINING TWO STRUCTURES
OF THREE UNITS AND LOT SIZE OF
7,500 SQUARE FEET, AT 821, 823 &
825 N.W. 33 AVENUE (ZONED R-2
TWO-FAMILY RESIDENTIAL).
(Applicant: Antonio Fuentes.)
DISCUSSION
2/9/95
R 95-135
R 95-136
2/9/95
75. GRANT SPECIAL EXCEPTION TO ALLOW R 95-137
INCREASE IN EXISTING COMMUNITY- 2/9/95
BASED RESIDENTIAL FACILITY FROM
37 TO 45 RESIDENTS, SUBJECT TO A
REDUCTION OF ELEVEN OFF-STREET
PARKING SPACES, AT 2100-2110 N.W.
28 STREET (ZONED R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL).
(Applicant: Catalina Calderon.)
249-250
250-261
262-264
76. (A) APPROVE MAJOR USE SPECIAL
PERMIT, WITH CONDITIONS, FOR THE
CHATEAU MERITAGE PLANNED UNIT
DEVELOPMENT CONDOMINIUM PROJECT
TO BE LOCATED AT 2475 BRICKELL
AVENUE. (Applicant: Chateau
Meritage Ltd.)
(B) APPROVE MAJOR USE SPECIAL
PERMIT, WITH CONDITIONS, FOR AN
INCREASED DEVELOPMENT BONUS OF
FIVE PERCENT (5%) FOR THE CHATEAU
MERITAGE PLANNED UNIT DEVELOPMENT
CONDOMINIUM PROJECT TO BE LOCATED
AT 2475 BRICKELL AVENUE.
(Applicant: Chateau Meritage
Ltd.)
77. GRANT APPEAL OF SPECIAL EXCEPTION
GRANTED BY ZONING BOARD -- DENY
PERMIT TO ALLOW CAR WASH AT 7291
BISCAYNE BOULEVARD (ZONED C-1
RESTRICTED COMMERCIAL SD-9
BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT). (Applicant:
Francisco Saldana & Delia Varela.
Appellant: Ulrich Michel.)
78. GRANT VARIANCE TO ALLOW REDUCTION
OF SIDE YARD SETBACK FOR PROPOSED
ADDITION TO EXISTING CAR WASH
ESTABLISHMENT AT 3400 S. DIXIE
HIGHWAY (ZONED C-1 RESTRICTED
COMMERCIAL). (Applicant /
Appellant: James Confalone.)
79. FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP) GOALS, OBJECTIVES AND
POLICIES INTERPRETATION OF FUTURE
LAND USE PLAN MAP, MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL USE
PARAGRAPH, TO INCLUDE SMALL SCALE
LIMITED COMMERCIAL ACCESSORY
USES. (Applicant: Planning,
Building & Zoning Dept.)
R 95-138
R 95-139
2/9/95
R 95-140
2/9/95
R 95-141
2/9/95
ORDINANCE
FIRST
READING
2/9/95
265-270
270-273
274-284
285-298
80. FIRST READING ORDINANCE: AMEND
11000 TEXT, BY ADDING NEW SECTION
622: SD-22 FLORIDA AVENUE SPECIAL
DISTRICT -- PROVIDE FOR INTENT
AND EFFECT; ESTABLISH ALLOWABLE
USES AND DENSITIES; ESTABLISH
REQUIREMENTS FOR PARKING, LOADING
AND LIMITATIONS ON SIGNAGE;
PROHIBIT VARIANCES; INCORPORATE
DESIGN GUIDELINES AND STANDARDS
BY REFERENCE; PROVIDE
DEFINITIONS. (Applicant:
Planning, Building & Zoning
Dept.)
81. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION FOR PROPERTIES
FRONTING FLORIDA AVENUE FROM
MATILDA STREET TO MCDONALD STREET
(EXCLUDING KIRK MUNROE PARK) FROM
SINGLE FAMILY RESIDENTIAL TO
MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL. (Applicant:
Planning, Building & Zoning
Dept.)
82. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
FOR PROPERTIES FRONTING FLORIDA
AVENUE FROM MATILDA STREET TO
McDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE
FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT.
(Applicant: Planning, Building &
Zoning Dept.)
83. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
FOR PROPERTIES FRONTING FLORIDA
AVENUE FROM MATILDA STREET TO
MCDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE
FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT.
(Applicant: Planning, Building &
Zoning Dept.)
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
ORDINANCE
FIRST
READING
2/9/95
299-300
300-301
301-302
302-305
84. DISCUSS AND CONTINUE DISCUSSION 305-306
CONSIDERATION OF PROPOSED FIRST 2/9/95
READING ORDINANCE TO AMEND 11000
TEXT TO PROHIBIT PLACEMENT OF
DONATION COLLECTION BINS IN ALL
ZONING DISTRICTS.
85. AMEND RESOLUTION 89-199, WHICH R 95-142 306-312
ADOPTED, IN PRINCIPLE, THE WATSON 2/9/95
ISLAND MASTER DEVELOPMENT PLAN --
MODIFY PARAMETERS OF PLAN,
SPECIFICALLY LAND USE PLAN,
MARINE RECREATION CHAPTER
(SECTION 2), BY PROVIDING FOR A
MARINA OF UP TO 70 SLIPS, MARINA
RETAIL SERVICES COMPONENT OF UP
TO 50,000 SQUARE FEET, AND HOTEL
OF UP TO 300 ROOMS, NOT TO EXCEED
55 FEET IN HEIGHT (ABOVE FEDERAL
FLOOD CRITERIA) -- MODIFY MAPS,
PLANS AND TEXT OF WATSON ISLAND
PLAN, ACCORDINGLY. (Applicant:
Department of Development.)
86. (A) (Continued Discussion) DISCUSSION 312-322
DISCUSS AND CONTINUE (FOR 30 2/9/95
DAYS) CONSIDERATION OF PROPOSED
FIRST READING ORDINANCE TO AMEND
10544 (MCNP) FUTURE LAND USE MAP
BY CHANGING LAND USE DESIGNATION
AT 2537-43 S.W. 11 STREET FROM
DUPLEX RESIDENTIAL TO MULTI-
FAMILY MEDIUM DENSITY
RESIDENTIAL. (Applicant: Jose E.
& Maria J. Valdes.) (See label
73)
(B) DISCUSS AND CONTINUE (FOR 30
DAYS) CONSIDERATION OF PROPOSED
FIRST READING ORDINANCE TO AMEND
11000 ATLAS BY CHANGING
DESIGNATION AT 2537-2543 S.W. 11
STREET FROM R-2 TWO-FAMILY
RESIDENTIAL TO R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL.
87. SCHEDULE SECOND REGULAR R 95-143 322-323
COMMISSION MEETING (PLANNING AND 2/9/95
ZONING ITEMS) ON FEBRUARY 23RD TO
COMMENCE AT 3:00 P.M.
88. DISCUSSION CONCERNING COCONUT DISCUSSION 324-325
GROVE SIDEWALK CAFE PERMIT 2/9/95
FEES -- REFER TO PUBLIC WORKS.
89.
DIRECT MANAGER TO TAKE STEPS
R 95-144 325-326
NECESSARY TO DETERMINE
2/9/95
FEASIBILITY OF PURCHASING 12
BUILDINGS ON SEVEN NON-CONTIGUOUS
PARCELS IN OVERTOWN DEVELOPMENT
TARGET AREA, IN CONNECTION WITH
AFFORDABLE HOUSING DEVELOPMENT
PROGRAM -- REPORT FINDINGS AT
MARCH 9TH COMMISSION MEETING.
90.
DISCUSSION CONCERNING FORECLOSURE
DISCUSSION 326-327
ON TEATRO MARTI. (See label 96).
2/9/95
91.
RESCIND RESOLUTION 94-734
R 95-145 328-329
(WHEREBY CONSTRUCTION OF A
2/9/95
BASKETBALL COURT IN VIRRICK PARK
BY AGILE COURTS CONSTRUCTION
COMPANY, INC. WAS AUTHORIZED) --
APPROVE CONSTRUCTION OF
BASKETBALL COURT IN VIRRICK PARK,
FOR DEPARTMENT OF PARKS AND
RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95),
BY AAA COURTS, INC. -- ALLOCATE
$27,639 (CIP 331316).
92.
DIRECT MANAGER TO TAKE STEPS TO
R 95-146 329-330
SELL THE OLD POLICE STATION KNOWN
2/9/95
AS THE MUNICIPAL JUSTICE BUILDING
(1145 N.W. 12 STREET) -- INSTRUCT
MANAGER TO INFORM CURRENT TENANTS
TO VACATE PREMISES WHEN
NEGOTIATIONS FOR SALE ARE
COMPLETE.
93.
ACCEPT BID: GREATER MIAMI
R 95-147 331-333
CATERERS, INC. -- FOR FURNISHING
2/9/95
DAILY HOT MEALS TO PARTICIPANTS
IN DAY-CARE AND PRESCHOOL
PROGRAMS -- FOR DEPARTMENT OF
PARKS AND RECREATION -- ALLOCATE
$99,258.70 -- EXTEND CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
94.
RENAME FIRE STATION NO. 12 IN
R 95-148 333-334
HONOR OF CHIEF FLOYD JORDAN.
2/9/95
95.
VICE MAYOR PLUMMER STIPULATES
DISCUSSION 334
THAT NO CITY BUILDINGS SHOULD BE
2/9/95
NAMED IN HONOR OF PEOPLE WHILE
THEY ARE STILL ALIVE.
96. (Continued Discussion) FURTHER DISCUSSION 334-335
COMMENTS CONCERNING TEATRO MARTI. 2/9/95
(See label 90).
97. VICE MAYOR PLUMMER REITERATES DISCUSSION 335-337
THAT A CONSTRUCTION PERMIT SHOULD 2/9/95
BE POSTED IN FRONT OF PROPERTIES
DOING WORK VALUED AT $500 OR
MORE.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of February, 1995, 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 8:06 a.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 J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
Commissioner Wifredo Gort
A quorum of the City of Miami City Commission entered the Chambers at 8:07
a.m. Mayor Stephen P. Clark announced, on the record, that the City
Commission, together with the City Manager and the City Attorney, were to go
into a special attorney -client session, closed to the public, in the City Manager's
Conference Room. A court reporter was also present. Upon request by Vice
Mayor J.L. Plummer, Jr., a recording was made of said special attorney -client
session, which is to remain under lock and key, with the City Clerk, together with
the court reporter's transcript of said session, until such time as said ongoing
litigation is finalized.
Mayor Clark announced that the attorney -client session had ended and reopened the
regular City Commission meeting of February 9, 1995, at 9:18 a.m.
February 9, 1995
PRESENT:
ALSO PRESENT:
ABSENT
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Wifredo Gort
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) Proclamation: Maria Elena & Salvatore Dellutri Day -- in recognition of
their commitment and altruism toward needy children.
(B) Commendations: (a) Norwegian Cruise Lines, (b) Coral Gables Citizens,
(c) Crime Watch, Inc., (d) John Alden Life Insurance Co., (e) Johnson and
Wales University, (t) Cosmyl Spa and Beauty Institute, and (g) Dade
County Association of Firefighters, Local 1403 -- for their support in
connection with the Seventh Annual Children's Fire Safety Festival
(October 9-15, 1994).
NOTE FOR THE RECORD: COMMISSIONER DE YURRE
ENTERED THE ION CHAMBER AT 9:20 A.M.
COMMISSIONER DAWKINS ENTERED THE COMMISSION
CHAMBER AT 9:23 A.M.
(C) Commendation: Dan Brandt -- for his generous contributions and efforts
on behalf of Overtown Youth Recreational Center.
(D) Commendations: (a) Police Officer Joseph Schillaci (Most Outstanding
Officer - October, 1994), (b) Police Officers David Chang and Joseph
Guell (Most Outstanding Officers - November, 1994), and (c) Police
Officer Joseph Schillaci (Most Outstanding Officer - December, 1994).
2 February 9, 1995
----------------------------------------------------------------------------------------------------------------
2. MAYOR CLARK WELCOMES SILVER BLUFF ELEMENTARY SCHOOL
STUDENTS.
Commissioner De Yurre: Mr. Mayor, while we're wrapping up here, I'd like to make a quick
announcement. Tonight at the Miami Arena, Miami High will be playing Northwestern in a
championship game for the Greater Miami Athletic Conference, and that game will be played
tonight at eight o'clock, and the Miami Sports and Exhibition Authority is putting it together.
And we expect to have a real good show of two of our inner city high schools. So expect to...
Hopefully, you all can make it and support our teams.
Mayor Clark: Plenty of room down there. We'd like to welcome, ladies and gentlemen, at this
time, the Silver Bluff Elementary students. Would they all stand to get a round of applause?
Please stand up.
(APPLAUSE)
Commissioner Dawkins: Mr. Mayor, we often have them come down, and very seldom do we
hear from them. Could we have a spokesperson just come and say good morning, and tell us
who they are and what grade it is?
Mayor Clark: Where is he?
Commissioner Dawkins: She.
Mayor Clark: Al right, right over to the microphone.
Commissioner Dawkins: Give us your name and address.
Ms. Elizabeth Laureano: Good morning. I'm the president of student council, and every year,
we take a field trip to see a meeting, and we're very happy to be here. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Ms. Laureano: And I would like to thank the Mayor and all of you for letting us be here. Thank
you.
(APPLAUSE)
Mayor Clark: Thank you. Now, your teacher says you can all leave and go back to class. How
about that?
(LAUGHTER)
END OF DISCUSSION -- NO ACTION TAKEN
3 February 9, 1995
NOTE FOR THE RECORD: ON A MOTION DULY MADE BY
VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER GORT, THE MINUTES OF COMMISSION
MEETINGS OF THE NOVEMBER 17, 1994 AND DECEMBER 1,
1994 WERE APPROVED BY THE CITY COMMISSION.
----------------------------------------------------------------------------------------------------------------
3. DISCUSS AND MODIFY PROPOSED RESOLUTION TO AUTHORIZE CITY
MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH LAW
ENFORCEMENT AGENCIES: (a) METROPOLITAN DADE COUNTY, (b)
SOUTH MIAMI, (c) HIALEAH, (d) NORTH BAY VILLAGE, (e) KEY
BISCAYNE, (t) NORTH MIAMI, AND (g) FLORIDA DEPARTMENT OF
LAW ENFORCEMENT -- FOR PURPOSE OF IMPLEMENTING FLORIDA
MUTUAL AID ACT PROGRAM -- TABLE UNTIL AFTER LUNCH. (See
label 51.7)
Mayor Clark: On the consent agenda, any corrections?
Commissioner Dawkins: Mr. Mayor, I was told that the City Attorney will add Opa Locka and
the Florida Highway Patrol to 8. Is that a fact?
A. Quinn Jones, III, Esq. (City Attorney): That's correct, Commissioner.
Commissioner Dawkins: OK. Then we'll move it with as... with those amendments.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, can I ask a favor, please?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Could we pass this after lunch?
Commissioner Dawkins: What? Which one?
Vice Mayor Plummer: The consent.
Commissioner Dawkins: The consent agenda?
Vice Mayor Plummer: Yes. I would ask that.
Mayor Clark: As far as I'm concerned.
Commissioner Dawkins: OK. All right. No problem.
Vice Mayor Plummer: Thank you, sir.
Mayor Clark: All right. We'll defer it until after lunch.
4 February 9, 1995
[AT THIS POINT, THE CONSENT AGENDA IS TABLED. SEE LABEL 51]
----------------------------------------------------------------------------------------------------------------
4. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE LAW OFFICE OF HANZMAN AND CRIDEN, P.A. TO ACT
AS CO -COUNSEL WITH CHRISTOPHER G. KORGE OF ZACK, PONCE,
TUCKER, KORGE & GILLESPIE, P.A. (FORMERLY ZACK, HANZMAN,
PONCE, TUCKER, KORGE & GILLESPIE) REGARDING LEGAL
REPRESENTATION OF THE CITY CONCERNING WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. VS.
THE CITY OF MIAMI, ET AL. (DADE COUNTY CIRCUIT COURTCASE
NO. 94-12875-CA(25), AUTHORIZING INCREASE IN ATTORNEY'S FEES.
(See label 52)
----------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Mr. Mayor, you have to vote before the consent agenda, I
think, on item 1.
Mayor Clark: On the consent agenda?
Mr. Odio: No, before the consent, which is what...
Vice Mayor Plummer: Excuse me. I thought that we had already paid them the $50,000.
A. Quinn Jones, III, Esq. (City Attorney): No. We... You... Excuse me. You passed an initial
allocation of $25,000, which was many months ago, and that basically took us through
September. There's still work that they have done that hasn't been paid for. I will just tell you
that I'm sure it's going to be perhaps less than $90,000, but there's still outstanding bills that
have to be paid, and that will conclude it.
Vice Mayor Plummer: Well, this one is for 50. You're saying we've already paid...
Mr. Jones: No. The package that I... I apologize, because yesterday, I submitted to each of you
a revised resolution, because what has happened, both Mr. Korge and Mr. Hanzman have formed
a new firm, and, of course, the resolution...
Vice Mayor Plummer: I'll ask for that to be deferred, because I don't have the package. I have
not seen it, and I don't think it's appropriate.
Commissioner Gort: Neither have I.
Vice Mayor Plummer: Fine. What I have in front of me is $50,000, and he's saying 90, so that's
why I'm confused.
Mayor Clark: All right. The consent agenda will be heard after lunch.
Vice Mayor Plummer: Thank you, Mr. Mayor.
[AT THIS POINT, ITEM WAS TABLED. SEE LABEL 52.]
5 February 9, 1995
------------------------------------------------------------------------------------ _ .------------------------
5. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF
AFFIRMATIVE ACTION ADVISORY BOARD. (Reappointed were: Sam
Mason, Robert Valledor, & Jesus Roiz.)
Mayor Clark: And now, we move to item number 3.
Mr. Cesar Odio (City Manager): Mr. Mayor, you have two appointments and Commissioner
Dawkins has two appointments, and Commissioner De Yurre has one appointment. The
following board members desire reappointment, which is Nora Hernandez Hendricks, that was
appointed originally by Commissioner Dawkins; and Sam Mason, also appointed by
Commissioner Dawkins; and Robert Valledor was appointed by you, Mr. Mayor.
Mayor Clark: I have two appointments?
Mr. Odio: You have two appointments, according to this, Mr. Mayor.
Mayor Clark: All right.
Mr. Odio: OK. You have one reappointment.
Mayor Clark: All right, Mr. Dawkins.
Commissioner Dawkins: Yes, sir.
Mayor Clark: Do you have an appointment on that board?
Commissioner Dawkins: Reappointing Humberto...
Mayor Clark: Nora Hernandez.
Commissioner Dawkins: Yes.
Mr. Odio: I' sorry, Mr. Mayor, you do have two appointments, please, sir.
Mayor Clark: All right. I got Bob Valledor and Jesus Roiz. I move those two. Victor? Mr.
Gort?
Mr. Odio: No. It's on the.
Mayor Clark: Motion and a second on those items mentioned, on those names mentioned. All
in favor, signify by saying "aye." Opposed, like sign. So ordered.
Commissioner Dawkins: Wait a minute. What are we on, 3 or what?
Mayor Clark: We were on 3.
Vice Mayor Plummer: Yes.
Commissioner Dawkins: No, I didn't put Hernan... on that. I put Sam Mason.
6 February 9, 1995
Mayor Clark: You put who on that?
Commissioner Dawkins: Sam Mason. I'm reappointing Sam Mason.
Mayor Clark: All right. Change that name to Sam Mason, Madam Clerk.
Commissioner Dawkins: Thank you.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-74
A RESOLUTION APPOINTING FIVE (5) INDIVIDUALS AND CONFIRMING THE
APPOINTMENT OF ONE (1) INDIVIDUAL TO SERVE AS MEMBERS OF THE
CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A TERM OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------ ---------------------------------------------------------------------------------------------------
6. (A) APPOINT DARRYL SHARPTON TO SERVE AS A MEMBER OF THE
PROPERTY AND ASSET REVIEW COMMITTEE.
(B) APPOINT HUMBERTO HERNANDEZ TO SERVE AS A MEMBER
OF THE CODE ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, on item 4.
Mr. Cesar Odio (City Manager): It's only Commissioner... Vice Mayor Dawkins... I mean
Commissioner Dawkins.
Mayor Clark: Asset Committee.
Commissioner Dawkins: OK. Humberto Hernandez reappointed.
Mayor Clark: Is there a second? Any exceptions? Cast a unanimous ballot.
7 February 9, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-75
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PROPERTY AND ASSET REVIEW COMMITTEE TO FILL THE REMAINDER
OF AN UNEXPIRED TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Item 5.
Vice Mayor Plummer: Mr. Mayor, that is... One of those is mine, and I will pass until the next
meeting.
Mayor Clark: All right.
Commissioner Dawkins: Item 5?
Mr. Cesar Odio (City Manager): One is Commissioner Dawkins.
Vice Mayor Plummer: One is Dawkins.
Mayor Clark: You have one on item 5, Mr. Dawkins.
Mr. Odio: Mr. Dawkins, let me correct you, sir. On item 4, your reappointment was Humberto
Hernandez. He is in the next board, on number 5, I believe.
Commissioner Dawkins: Beg pardon?
Vice Mayor Plummer: He should have been on 5, your reappointee.
Mr. Odio: And your... You still have an appointment on 4. That's the... So you're...
Commissioner Dawkins: Put Darryl Sharpton on there. I'm tired of seeing this every week, Mr.
Mayor. Darryl Sharpton on 4.
Mayor Clark: All right. Item... We'll do it all at once, Madam Clerk.
8 February 9, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-76
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS A
MEMBER AND AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT
BOARD OF THE CITY OF MIAMI, FLORIDA, FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Item 6.
Commissioner Dawkins: Five, now... Is it 5 now?
Mayor Clark: Five, that's Humberto Hernandez you had.
Commissioner Dawkins: Yes, sir. Mm-hmm.
Mayor Clark: We'll do it all at once.
Vice Mayor Plummer: And I'll carry over to the next meeting on mine.
---------------------------------------------------- -----------------------------------------------------------
7. CONFIRM APPOINTMENT OF MICHAEL KOSNITZKY TO THE OFF-
STREET PARKING BOARD.
Mayor Clark: Item number 6.
Commissioner Dawkins: Since the Off -Street Parking has recommended this gentleman to
continue serving, I move it.
Mayor Clark: What's his name?
Vice Mayor Plummer: Second.
9 February 9, 1995
Commissioner Dawkins: Mr. Kosnitzky.
Mayor Clark: All right. Moved.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-77
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL TO
THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI FOR A TERM OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
8. DISCUSS AND DEFER (TO MARCH 9TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPOINT AN INDIVIDUAL TO SERVE ON
THE WATERFRONT ADVISORY BOARD.
Mayor Clark: All right. Number 7.
Mr. Cesar Odio (City Manager): That's Commissioner Gort's appointment, to replace Karen
Mills, who had been absent from four consecutive meetings.
Mayor Clark: You know, Mr. Manager, in the...
Commissioner Gort: I'll defer it till this afternoon.
[AT THIS POINT, ITEM 7 WAS DEFERRED.]
NOTE FOR THE RECORD: t this point, Mayor Clark requests
Administration to insert more information on the agenda
concerning pending appointments to city boards Committees.
10 February 9, 1995
----------------------------------------------------------------------------------------------------------------
9. DISCUSS AND DEFER (TO MARCH 9TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO ESTABLISH / APPOINT MEMBERS TO
SELECTION COMMITTEE TO REVIEW / EVALUATE PROPOSALS FOR
PREPARATION OF CENTRAL SERVICES COST ALLOCATION PLANS --
COMMISSIONER DAWKINS REQUESTS ADMINISTRATION TO MAKE
AVAILABLE TO HIM A LIST OF DUTIES EXPECTED FROM EACH
SELECTION COMMITTEE APPOINTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 8.
Mr. Cesar Odio (City Manager): One member for each Commissioner.
Mayor Clark: Hold that till this afternoon.
Vice Mayor Plummer: Yeah, but tell us what, actually, you're looking for, when you say
selection. Review and evaluate RFPs (Request for Proposals) for the preparation of central
service cost allocation plans. I don't think I have seen a so-called cost allocation plan, have I?
Mr. Odio: This is to evaluate... It's like a selection committee to review and evaluate proposals,
professional service firms, for the preparation of plans on a contract basis, for three years.
Commissioner Dawkins: Defer this until the next meeting, Mr. Manager.
Mr. Odio: It's a selection committee.
Commissioner Dawkins: Defer this until the next meeting, and give me a list of what you
expect... Give me a list of what you expect the person I put on there to be able to do.
Mr. Odio: Yes, sir, we'll do that. Why don't I defer that item until the next meeting, and then
that gives us time to send you something in writing.
Mayor Clark: That's all right.
Commissioner Dawkins: Thank you.
Mayor Clark: You can defer it. All right. With those names. Madam Clerk, and a second, cast a
unanimous ballot on all concerned. All right.
[AT THIS POINT, ITEM 8 WAS DEFERRED.]
11 February 9, 1.995
--------------------------------------------------- ------------------------------------------------------------
10. APPOINT INDIVIDUALS TO THE DADE COUNTY VISITOR INDUSTRY
VOLUNTARY EDUCATIONAL SERVICE TRAINING TRUST. (Appointed
were: Amy Deutch and Sheila Johnson.)
Mayor Clark: Item number 9.
Vice Mayor Plummer: Well, what about 45, Mr. Mayor? That's also appointments. That's the
last appointments of the day.
Mayor Clark: Forty-five?
Vice Mayor Plummer: Yes, sir. Didn't all of you... I don't know where this sheet came from.
Didn't you all get this sheet?
Mr. Cesar Odio (City Manager): No, no, 45 is to issue...
Mayor Clark: No, that's not for that.
Vice Mayor Plummer: Excuse me?
Mr. Odio: ... an RFP (Request for Proposals).
Mayor Clark: All right. Item number 10.
Vice Mayor Plummer: Oh, you're not going to do that. OK.
Mayor Clark: Item number 9. What do you have on 9, Mr. Manager? Yes, Angela.
Commissioner Gort: Dade County Visitors Industry Voluntary Educational Service Training.
Vice Mayor Plummer: Well, who's doing 9?
Mayor Clark: Let's move this. We don't want a New York production here, now.
Commissioner Dawkins: What is this, 9, they're preparing for?
Mr. Odio: Nine is a Metro -Dade board composed of 28 voting members, and they're asking us
that two members be appointed by the Miami City Commission to be represented in this board.
Commissioner Dawkins: But the two members that come...
Mr. Odio: This is the Dade County Visitors Industry Voluntary... This is for a training,
vocational courses for the tourist industry. The board was formed by the County, and we have
two seats on that board.
Mayor Clark: Amy Deutch should be in agreement on there. Amy Deutch.
Mr. Odio: She's a City employee. She's very good at that.
12 February 9, 1995
Commissioner Dawkins: Who?
Commissioner Gort: She's with the bureau. She's good.
Vice Mayor Plummer: Who do you recommend, Mr. Manager?
Mr. Odio: Well, Amy is a very good choice.
Vice Mayor Plummer: All right. That one, we know. Who else do you recommend?
Mr. Odio: Terry Vice Buice.
Vice Mayor Plummer: All right. I move those two...
Commissioner Dawkins: Hold it, hold it, hold it.
Vice Mayor Plummer: I'm sorry.
Commissioner Dawkins: No way.
Mayor Clark: Wait a minute, now.
Commissioner Dawkins: Hold it.
Mayor Clark: What is it, Mr. Dawkins?
Commissioner Dawkins: You all got to give me some... give up... Give me a black one in there
somewhere, now.
Mayor Clark: Well, there's two. You want to split them?
Commissioner Dawkins: Yes, sir, split them.
Mayor Clark: Fine.
Vice Mayor Plummer: Fine.
Mr. Odio: I don't know her name. She works for the Miami Exhibition and Sports and
Authority, and she's in the industry.
Commissioner Dawkins: What's the lady's name, sir?
Mr. Odio: Sheila.
Commissioner Gort: Sheila Thompson?
Mr. Odio: Sheila Johnson.
Vice Mayor Plummer: Sheila Johnson.
Commissioner Dawkins: All right, Ms. Johnson. OK, thank you.
i
j Vice Mayor Plummer: Move the two names.
13 February 9, 1995
Mayor Clark: All right. No exception. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-78
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS CITY OF
MIAMI MEMBER REPRESENTATIVES ON THE DADE COUNTY VISITOR
INDUSTRY VOLUNTARY EDUCATION SERVICE TRAINING TRUST.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
11. WAIVE RESIDENCY REQUIREMENT DUE TO URGENT NEED TO FILL
VACANCIES FOR: (a) COMMUNICATIONS OPERATORS IN POLICE AND
FIRE DEPARTMENTS, AND (b) INSPECTORS IN PLANNING, BUILDING
& ZONING DEPARTMENT.
Mayor Clark: Item 10.
Mr. Cesar Odio (City Manager): Item 10, Mr. Mayor, in discussions with the departments that
are listed here, I felt that I had an obligation to bring this item back to you about the residents.
Vice Mayor Plummer: We settled that.
Mr. Odio: Because... Excuse me, Commissioner. As we analyzed the positions that are vacant
with the unions, and the staff, we are in certain positions that we've not been able to comply with
the County in the Code Enforcement. In the issue of elevator inspection, for instance, we don't
have enough elevator inspectors, and we are responsible to make sure those elevators are safe.
We have a shortage, a very dangerous shortage in the communications area, and all it takes is
one instance for us not to reply to a 911 call or an emergency call on time, and we're getting
close to a very dangerous situation, as far as liability is concerned, and I have an obligation to
bring it up for your consideration again, because I am concerned that we are not... I cannot
respond to certain items like inspections, and police communications, especially.
Vice Mayor Plummer: Mr. Mayor, if I may. This matter was voted on just prior, six weeks ago.
I'll make the same statements today that I made then. They require each and every one of us to
14 February 9, 1995
live in the City. I think it is only right that we should require employees to live in the City. I
think it does, in fact, create a better pride, if you are there worried about the place in which you
live, but more importantly, my offices, I'm sure, like the rest of you, receive calls many times a
day about people who are looking for work. Now, all I'm saying to you is, either we've got a
breakdown in our personnel department, that we're not being able to recruit. If not, then put it
out on a contractual basis. If you need an elevator operator, go out and get a contractual... until
you can get the personnel department to do as all others that don't have these problems.
Mr. Odio: We can't contract, Commissioner.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor.
Mayor Clark: Just a moment.
Commissioner Dawkins: Are you finished, Mr. Plummer?
Vice Mayor Plummer: I'm finished, yes.
Commissioner Dawkins: Mr. Mayor, you know, I've said, and I'm going to continue to say it,
you tax me as a City resident to the tune of... What's the general fund, Mr. Manager?
Mr. Odio: Excuse me, sir?
Commissioner Dawkins: What's the general fund that we operate at? What's our total budget?
Mr. Odio: One hundred and ninety-nine million dollars.
Commissioner Dawkins: Of that $199,000,000, how much of it is in personnel?
Vice Mayor Plummer: Ninety point two.
Mr. Odio: The budget in personnel... 75 percent of the budget.
Commissioner Dawkins: Seventy-five percent of all my tax dollars and what have you to come
in goes to pay for a work force that does not live in the City of Miami. That work force does not
contribute anything, other than working and going home, to the City of Miami. Yet, I hear - and
I'll bring this up when it gets to the sanitation employees' contract - that the City of Miami has
the highest level of poverty, we have the highest level of unemployment in the City of Miami,
but yet, these vacancies did not just occur.
Vice Mayor Plummer: That's right.
Commissioner Dawkins: The Administration should have found, in my opinion, innovative
ways to fill these vacancies, and I will not vote for this. And as you said, we voted on it before,
and...
Mayor Clark: There's nothing on the agenda today. It's on a request, so we'll...
Commissioner Dawkins: OK.
Mr. Odio: If I may, Mr. Mayor, I need to put on a record that we... seeing the emergency, we
went and got prices for contracting out the services, and to my surprise, they run about $17 an
hour, which we cannot afford, but I am repeating that we are getting close to a very dangerous
situation at this level, and I'd like to let... if you would allow Angela Bellamy to explain what we
15 February 9, 1995
have... how we have tried to recruit folks in these areas, and we have not been able to fill all the
positions.
Vice Mayor Plummer: If I may, Mr. Mayor.
Mayor Clark: Just a moment. Mr. Gort has the floor.
Commissioner Gort: Mr. Mayor, like always, I would like to hear from staff before I ask
questions.
Commissioner Dawkins: All right. I'll make one statement, and I'll be finished. You say that
you cannot find anybody, yet there's... Mr. Shapiro, would you come back. Here's a gentleman.
There are enough retired people in anything that you want out there that you could find them and
hire them part-time. Don't tell me that there's not somebody out there in the work force. There
are retired individuals in every one of the disciplines that you're talking about that you could
hire, who would work part-time. Even if they didn't work but three hours a day and you got
three of them, that's nine hours a day. Thank you. I'm finished. I'm finished.
Mr. Odio: You're right, Commissioner.
Vice Mayor Plummer: My statement, if I may.
Mayor Clark: Please, we're just beating this to death. Let's hear from...
Vice Mayor Plummer: Well, I'd like to make a statement. I'll be brief.
Mayor Clark: All right. Fine.
Vice Mayor Plummer: Mr. Mayor, for the past three years, I, at every budget hearing, have
screamed and hollered about communications operator in the Police Department. Nothing was
done. We still have the problem today. It has not changed, except with the new Chief, thank
God, what I recommended, he supposedly is pursuing to get, our junior college to put on a
training course, and I'm sure that's going to produce. I'm for my people first.
Mayor Clark: All right.
Ms. Angela Bellamy (Assistant City Manager): Commissioner, Mayor, members of the
Commission, I feel it important to say something about what Personnel Management has done
regarding recruitment, because we have been aggressive in recruiting. We, in addition to the
traditional measures, just in sending out job announcements, we have gone on NET
(Neighborhood Enhancement Team) 9, we have gone to the NET centers, we have gone and
done target recruitment through the various trades to get as many people as we can. Many times,
we, in some of these positions, we've recruited as many as... as long as two years. We have
gotten some candidates. They have either said that they refuse to move within the City of
Miami, or we have gotten people, and they've ended up going through the process, and then not
passing background, or we've had people who just could not meet the requirements of the South
Florida Building Code. We can't say that it's only because of residency, because we have had a
major change in the South Florida Building Code. We have some additional requirements that
take as many as two to three months, because of requirements to go and be approved by the
State. Mr. Rodriguez, in addition to what Personnel Management has done, has written letters to
various associations, and he can give you more information on that, to try to do as much as we
could to get other people to apply, and we have continued to use innovative measures, and we
still are not able to fill those positions. We have done a lot of recruitment. I just want to make
sure that it's very clear, that we're not sitting down, not doing anything. We have been out there,
trying to get people for these positions. Mr. Rodriguez.
16 February 9, 1995
Mr. Sergio Rodriguez (Assistant City Manager): I think the point I would like to make,
Commissioners, is we have made every possible effort to fill the positions. We have areas in the
City now in some of the inspector areas, in which we don't have inspectors to conduct the
inspections, which are required by law. I am very concerned, and I think it's important that I let
you know that we might have, in some cases, safety issues that we have to address. And if you
look at the chart that I have, if you look at the chart, the amount of vacancies that we have now,
which are showing in orange, and the amount of retirements that we're expecting in the next few
weeks, we will have less than 50 percent of the inspectors in the City. In some of the areas, we
don't have an inspector to conduct inspections now, that we are required to do. For example, we
are behind in the inspections that we had to do for elevators in the number of 1,000 at this point.
We have no inspector to do boiler inspections at this point. In cases of roof inspections, we
don't have people to go there. As to trying to hire people which are retired, I hired some people
which are retired already. They cannot go to the roof because they are not physically able to go
to the roof of the building to check them, in that particular case. In addition to that... If I may
finish.
Commissioner Dawkins: Can I cut you off?
Mr. Sergio Rodriguez: Yes, sir.
Commissioner Dawkins: OK. If you hire people who are retired, who couldn't go through the
roof, what's wrong with taking the people who can go through the roof...
Vice Mayor Plummer: Exactly.
Commissioner Dawkins: ... and send them through the roof, and take the people who can't go
through the roof and do something else?
Vice Mayor Plummer: They don't know how to do that.
Mr. Rodriguez: Because they are not licensed. You have to find a person that is licensed. The
process of licensing a person is very long and cumbersome. The requirements of the South
Florida Building Code, especially after the hurricane, have made it impossible to meet the
requirements, if you don't have the necessary prequalifications. I have gone through the effort
already, not only of advertising in all the major papers, in addition to that, I have sent letters to
the following organizations: The Allied Minority Contractors, the Miami Builders' Exchange,
the Cuban/American Engineers, the Hispanic/American Builders' Association, the Latin
Builders' Association, the Association of Investors and Builders, the American Institute of
Architects, trying to find persons to fill the positions. In addition to that, I have looked into the
possibility of hiring consultants to do the work. They will charge us up to $75 an hour, when it
cost us $22 an hour, including all the fringe benefits, and cars. In addition to that, I have been
looking into the possibility of asking the County to take over some of the functions that we have,
because we have, at this point, a safety issue. And I think I have to tell you, and it's my
responsibility, that we have made every possible effort to do it, and we haven't been able to do it
so far.
Commissioner Plummer: Suddenly, out of nowhere.
Mayor Clark: And piece by piece, you're just destroying the City if you do that.
Commissioner Dawkins: That's right. How much would it cost to let the County do it?
Mr. Rodriguez: Well, the County will take over the functions and we will lose...
17 February 9, 1995
Commissioner Gort: They'll get all the revenues.
Mr. Rodriguez: We have the revenues that we produce in excess of five point five million
dollars.
Mayor Clark: Just relax, wait a minute. We're going to bring this to a head right now. This is
not on the agenda.
Vice Mayor Plummer: Yes, it is, Mr. Mayor.
Mayor Clark: Where is it?
Commissioner Gort: Mr. Mayor, item 10.
Mayor Clark: Item 10 is just a discussion. There's no official action to be taken here today. I
suggest that... All right, then we'll take action today. Fine. We got some... a new breath of air.
Vice Mayor Plummer: What I would hope, Mr. Mayor, is that we consider going out for a
private company to come in and do personnel. Obviously, what we're doing - and I'm not in any
way making accusations that Personnel isn't working hard - but obviously, what they're working
hard at are not producing the results. Now, there are private companies out there that do this for
a living. You cannot convince me that, with 440,000 people who reside in this City, we can't
find employees.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Let me have... Excuse me, Willy. Let me have Mr. Cox give us a little word and
then you're right next. OK? Hold it, hold it, Charlie. What is it, Willy? Go ahead, follow up.
Commissioner Gort: Mr. Mayor, my understanding, what we have in front of us is a request to
waive this for two departments?
Mr. Odio: If we ask for that, Commissioner, the unions will object, because... and we would
have an unfair labor practice.
Vice Mayor Plummer: Damn right, they will.
Mayor Clark: OK.
Commissioner De Yurre: But why would they object, when they're asking for this?
Mayor Clark: Repeat that again?
Mr. Odio: Because - I can let Charlie talk for himself - because the contract says that they... the
employees must live in the City of Miami. So you would have to amend the labor contract
before you can do this.
Vice Mayor Plummer: Charlie would love that. Open the door.
Mayor Clark: Charlie.
18 February 9, 1995
Mr. Charlie Cox: Yes, sir. The way this is wrote - OK? - not every position is included. You're
having a hard time recruiting for... Take the air conditioner mechanic that we talked about two
years ago, three years ago. We still don't have an air conditioner mechanic, because you're
required to licenses. OK? What would happen is, and I'd be happy to agree, if there's any City
resident - OK? - that gets on that registration, that they give total preference over the outside
resident, no matter what. But if you can't get somebody from the City on that register, then
you've got to hire the people. So I don't care if you do it across the board. I will sign a memo of
understanding. But if you do it for a select few, the lawyers are instructed to file an unfair labor
practice. It has to be across the board.
Mayor Clark: Why not across the board?
Mr. Odio: I don't mind across the... or I prefer that, provided that it is a preference. We prefer
to hire City residents, and if we exhaust that to the limit, then we make the exception to go to the
non -City resident. That's all we're saying. We will still have the City preference. In fact, we
have instructed the City Housing Department to create housing for City employees so that they
can afford to come back to the City.
Vice Mayor Plummer: This is the same City Manager, who, a year ago, agreed with me that
not... that all City employees should move into the City, and it was for the purpose of taking
greater pride.
Mayor Clark: Well, I wish they would, but they don't, so, we got a problem now.
Mr. Odio: It is no problem, but if it doesn't work...
Mayor Clark: All right, Charlie. Let Shorty say something. Shorty.
Mr. Shorty Bryson: I just... Shorty .Bryson, Miami Fire Fighters. I just want to agree with
Charlie, that we were having a problem. I mean, it was an experiment, in my view, that's turned
out that it hasn't worked, and we've seen the haws of the system. We ought to give City
residents the first shot directly, direct preference, and then hire who we need to hire. Set it
across the board that way. I mean, that's the way all the locals feel.
Mayor Clark: Victor?
Commissioner De Yurre: Mr. Mayor, if I may. When we're talking about this two -tiered
situation, where you would have a preference for City residents, and then you would tap into
outside of the City area for employees, are we talking about a scenario wherein you would have
qualified applicants, let's say they take a test, and anything above whatever the minimum is, let's
say 70 percent, if you have somebody that's a City resident that gets a 75, as opposed to an
outside resident, that gets an 85, is that City resident still going to get the position?
Mr. Odio: Yes.
Commissioner De Yurre: OK. So what I want to make sure is that if we have qualified
individuals that are City residents take precedence over the nonresident, no matter what the
pointing...
Mr. Odio: Yes.
Commissioner De Yurre: ... the points are.
Mr. Odio: Yes. Yes, sir.
19 February 9, 1995
Commissioner De Yurre: Because I don't want them to get left out of the loop on that.
Mr. Odio: Yes, sir.
Commissioner De Yurre: You know, unfortunately...
Mr. Odio: Provided they qualify.
Commissioner De Yurre: Provided... Once they qualify...
Mr. Odio: If they qualify.
Commissioner De Yurre: Once they're in the pool, then they get preference over nonresidents.
Mr. Mayor, I've...
Mayor Clark: Just a moment. Charlie, what did you want to...
Mr. Cox: I have no problems with that, but I want to tell you, OK, remember, the citizens are
there. If you have someone that comes in a D-band, and you have someone from the outside
that's in an A -band, which one do you want as an employee?
Mayor Clark: If the B-band is qualified, they're going to be first.
Mr. Cox: OK.
Commissioner De Yurre: It's a matter of qualifications, you know. If you're qualified, then
you're in the loop.
Mr. Odio: If they're all qualified in the same area...
Commissioner Gort: If they're a resident of the City of Miami, they should be moved into the
A -band.
Commissioner De Yurre: Yeah, automatically, it bumps them up.
Commissioner Gort: Automatically, the residents of the City of Miami will move into the A -
band.
Commissioner De Yurre: OK. Now, certainly, it's... we would like to have our own people, our
own residents working for the City of Miami for many reasons that I support. Unfortunately, we
have to look at a number of issues which deal with safety, service, that is also important for our
residents to enjoy, that live in the City. And there comes a point in time that we... Our bottom
line is to provide a service to our residents, to our City of Miami residents, and if that's what it
takes, then, you know, we just have to bite the bullet on that and just keep it as a preferential
situation for City residents, as far as jobs. So, you know, I'm willing to go ahead, and I'll make
the motion that that be the case.
Mayor Clark: Do you have that clear now?
Commissioner Gort: Mr. Mayor, I'm going to second the motion, and the reason I'm going to
second the motion, and I voted for it all along, was we have a problem right now where we have
1,000 inspections that have not been done on the elevators. Not only do we have a liability in
there, but also, understand, we're losing the revenue. What are we charging for each inspection?
20 February 9, 1995
Vice Mayor Plummer: Cesar? What? Is it like $400?
Mr. Rodriguez: We charge, in some cases, $200, in other cases, $50. We have a...
Commissioner Gort: That's a lot of revenue we're not getting this year. How about the board
inspection?
Mr. Rodriguez: No. And let me finish. On the elevators, we have a contract with the State for
$200,000, that if we don't use it, we're going to have to return the money back to them.
Mayor Clark: You second the motion?
Commissioner Gort: I'll second the motion, for the reasons stated before.
Mayor Clark: All right. Any further discussion? We've had a lot.
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Clark: Yes, sir, to finalize it.
Mr. Gonzalez-Goenaga: To finalize it, maybe, in my closing statement, and I have heard all
sides. Well, good morning. My name is Manuel Gonzalez-Goenaga. I reside in the City of
Miami, at 2469 Southwest 14th Street, and I am in full accord with the... what Mr. Plummer
presented, and my future opponent, Mr. De Yurre, because I do not disagree all the time. I am a
very sensible person, but I am unemployed. I moved to the City of Miami, and I am very
qualified to perform many jobs. And even the City Manager's job. Because when I realized that
even the fools are right sometimes, it's about... There is a lot of unemployment in the City of
Miami, and as a result of unemployment, crime comes. We must protect our neighborhood, and
we should give a preference to the citizens of Miami.
Mayor Clark: We're going to do that. Thank you for your comments.
Vice Mayor Plummer: May I ask the maker of the motion, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Mr. De Yurre, is that motion, even though I'm opposed to it, does it, in
fact, limit it to Dade County? I'm just asking the question.
Commissioner De Yurre: I would say that, you know, again, we give preference to Dade County
before we have to go out of Dade County, you tier it that way.
Vice Mayor Plummer: Just asking for a clarification.
Mr. Odio: Miami, County, and then we if we exhaust that, State of Florida, State of Florida.
Commissioner De Yurre: Yeah. You know, Broward, Palm Beach, Pinellas.
Mayor Clark: All right.
Vice Mayor Plummer: State of Florida, then the United States, and then all Latin and South
America.
21 February 9, 1995
Mr. Odio: Yes. And Puerto Rico.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Let me give you... I'm going to give you an example, now. Let the people be the
judge. I know of a case where a young man is rebuilding his home, and he selected an architect
who was also a general contractor. This general contractor, being the architect, had an
agreement with the City, that as an architect, he would inspect his own work. That's a big
conflict of interest, but they had no opportunity to get an outside inspector. So the architect
signed off. Today, this young man is out $90,000. The house is in a deplorable condition. The
guy is almost bankrupt. So you go back and sue the guy or the City, and where are you going to
go? And that's exactly what's going to happen in a thousand cases. Sergio knows about this, the
Manager knows about this, and we got our hands tied. We have an agreement with architects,
where they inspect... or engineers, they inspect their own work. What's going to happen? Take
the fox out of the hen house, don't leave him in there. I think this is a case where people need to
be protected totally. All right. Mr.... You have a motion on the floor. It's been seconded by
Mr. Willy Gort, Commissioner Gort. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-79
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND SUBJECT TO APPROVAL BY AND WITH THE FRATERNAL
ORDER OF POLICE, LODGE NO. 20, THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, AFL-CIO, LOCAL 587, AND THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO,
THEREBY ELIMINATING RESIDENCY REQUIREMENT AS A TERM AND
CONDITION OF EMPLOYMENT FOR NEW HIRES AND WHERE THERE IS A
NON -CITY RESIDENT APPLICANT FOR EMPLOYMENT AND A CITY
RESIDENT APPLICANT FOR EMPLOYMENT, THE CITY RESIDENT SHALL BE
GIVEN PREFERENCE; FURTHER PROVIDING THAT THIS RESOLUTION AND
ANY MEMORANDA OF UNDERSTANDING SHALL NOT BE INCONSISTENT
WITH THE CONSENT DECREE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: For the reasons so stated, I have to abide with my home folks and give
them a job. I vote no.
22 February 9, 1995
Commissioner Gort: For the reasons stated before, I vote yes, and I also ask that as many of the
people here to go and apply for jobs, and we're on television, and we're doing everything we
can. And let me tell you something. My office is constantly sending people to personnel for
these type of jobs. Yes.
Mayor Clark: For the reasons I stated, I vote yes, and I've lived here a long time, some 65 years,
so I've not...
Vice Mayor Plummer: You got me beat.
Mayor Clark: I'm not giving up on my community.
----------------------------------------------------------------------------------------------------------------
12. DIRECT MANAGER TO EXECUTE RENEWAL OF PRIOR CONTRACT
WITH MR. STEVE PRUITT (WASHINGTON & CHRISTIAN) AS CITY'S
LEGISLATIVE CONSULTANT ($49,000, PLUS $15,000 EXPENSES).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, the next item.
Mr. Cesar Odio (City Manager): Mr. Mayor, I'd like to recommend that we extend Mr. Pruitt's
contract.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Same terms and conditions?
Mayor Clark: Wait a minute, just a minute.
Mr. Odio: Yes, sir.
Mayor Clark: Just a minute. Now, we have Mr. Lukis, and Mr. Mark Israel, and Mr. Pruitt, who
I had the pleasure of meeting just on the recent trip up to Washington. Mr. Lukis comes down
here occasionally and gives us a report. If I had not been introduced to Mr. Pruitt, I would know
who he was. I wanted to have Mr. Pruitt come down and tell us exactly...
Commissioner Dawkins: Mr. Pruitt, will you come to the mike?
Mr. Odio: He's here, Mr. Mayor.
Mayor Clark: Well, it's the first time I've seen him. I saw him in Washington.
Mr. Steve Pruitt: Thank you.
Mayor Clark: Yes, sir.
Mr. Pruitt: Good morning.
Mayor Clark: I had not yet had an opportunity to meet you before we were in Washington last
week, and from time to time, Mr. Lukis comes down and reports to us exactly what's taking
23 February 9, 1995
place. Mr. Mark Israel was here yesterday giving a report, and I'd like to see a report from you,
sir, as to what you see on the pipeline, what you can afford to do, put us in line with up in
Washington. Not here today, I don't need it today, but I wish you would keep that current in my
office, at least.
Mr. Pruitt: Yes, sir.
Vice Mayor Plummer: Mr. Pruitt, I think it would be very well, sir, as the other lobbyists do for
us, is that we receive monthly reports or hot bulletins, as if something else were to occur in the
interim time, and I think it would be very well if you did the same.
Mr. Pruitt: We presently are sending down to the City on a regular basis, as issue evolve, also,
Mr. Commissioner, what we call an urban aid update that lists the programs we provide, special
reports on issues like the Federal budget that was just released this week, and what its impact
will be on the City. That will be, of course, coming out this week. But we do provide those.
They go over to the Manager for distribution, primarily, to department heads. We would be
more than happy to...
Mayor Clark: If you'd copy us in, I'd appreciate it.
Mr. Pruitt: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, if I may, I've become aware, or at least I think I have, and
for your information, I would hope that you would pursue, because I think this City suffers more
than any other City in the United States. Mr. Manager, there's going to be monies available if
the crime - excuse me - the immigration bill passes. There will be almost... I understand a great
deal of money - don't let me say a number - that this City could possibly be the recipient of
benefits for monies that we have expended over the past. So I would hope you would look out
on behalf of this City for any of those dollars that we could get back.
Mr. Pruitt: There are two issues currently that are evolving. One is the crime bill that is going
through the House of Representatives as we speak. It has funding in the crime portion.
Vice Mayor Plummer: For police.
Mr. Pruitt: For police and immigration activities. Also, in President Clinton's budget that was
introduced last Tuesday, there's a major new initiative on immigration and immigration
activities. There's a major commitment of funds there to enforcement activities. There's also a
new provision in that initiative that would provide money to, quote, "impacted communities."
So Miami would be in line for that.
Vice Mayor Plummer: That's what I was talking about.
Mayor Clark: All right.
Vice Mayor Plummer: I moved it, Mr. Mayor.
Mayor Clark: Is there a second? Call the roll.
Commissioner Dawkins: Second. Hold it. What's the compensation?
Vice Mayor Plummer: Same terms.
Commissioner Dawkins: When Ms. Canton came here, we gave her $100,000 in... to go to
Tallahassee. What do you recommend, Mr. Manager?
24 February 9, 1995
Mayor Clark: What's he been receiving?
Mr. Odio: I was recommending the same fee that is now in place.
Vice Mayor Plummer: The same.
Mr. Odio: What is the amount?
Commissioner Dawkins: OK. You know...
Mayor Clark: What is the fee? What is the fee?
Commissioner Dawkins: What is his present fee, Mr. Manager?
Mr. Odio: Forty-nine thousand.
Mr. Pruitt: It's 49.
Mr. Odio: Forty-nine.
Mr. Pruitt: And then there's been an increase for additional travel...
Mr. Odio: On the expense side.
Mr. Pruitt: ... so that we would be in a position to come down.
Commissioner Dawkins: Mr. Manager, I move that we renew his contract for $65,000.
Vice Mayor Plummer: How much? How much?
Commissioner Dawkins: That's way under the $100,000 that we pay Ms.... we pay Holland and
Knight, when Holland and Knight only be up in Tallahassee for four months, and this gentleman
works for us the whole year.
Mr. Odio: Can I make a... Can I propose something? Can we keep it at 49 and build in some
incentive clauses, that it will build up to 65?
Commissioner Dawkins: OK. All right. If...
Mr. Odio: If we...
Commissioner Dawkins: OK. All right. What are the incentive clauses for Holland and
Knight?
Mr. Odio: Well, I cannot redo that one, but I would.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: I cannot redo that contract...
Commissioner Dawkins: No, no, no. But I just... No, I don't want you to redo it. I just want
you to tell me the incentive clauses that you built into Holland and Knight's contract.
25 February 9, 1995
Mr. Odio: There are none. There are none.
Commissioner Dawkins: So now... But now, all of a sudden, you want to build... What are the
incentive clauses in Mr. Lukis' contract?
Mr. Odio: None, but I would...
Commissioner Dawkins: OK, None.
Mr. Odio: I would propose the same when it comes up.
Commissioner Dawkins: None, none, none. OK. What are the incentive clauses in Mr. Mark
Israel's contract?
Mr. Odio: None, sir.
Commissioner Dawkins: So, now, but... So why have got to have...
Mr. Odio: Because I would propose the same...
Mayor Clark: What is Mr. Mark... What does Mark Israel receive?
Mr. Odio: What is the amount that... Thirty-eight thousand.
Mayor Clark: What does Mr. Mark... Lukis get?
Mr. Odio: Forty-nine thousand.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, let me... Let me just put something into
perspective here, and I have...
Mr. Odio: That's why...
Mr. Jones: I have to say this, because the Code requires that what... If there's a contract over
$50,000, you do competitive negotiations, which generally means that you talk to three firms.
Now, in the instance of Holland and Knight getting $100,000, 1 think that was done under the
guise of it being a law firm who just happened to be doing lobbying.
Commissioner Dawkins: OK. No problem. I withdraw my... I move the $49,000.
Mr. Odio: But we need to put the... On the expense side, we did agree that it had to be in
accordance to that performance.
Mayor Clark: All right. Call the roll, Madam Clerk.
Mr. Odio: It's $15,000 on the expense side increase.
Mayor Clark: Madam Clerk, call the roll.
26 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-80
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
WASHINGTON & CHRISTIAN FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION AND
ADMINISTRATIVE ACTIVITIES WHICH IMPACT UPON THE CITY OF MIAMI;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $44,000
FOR SAID SERVICES, AND AN AMOUNT NOT TO EXCEED $15,000 FOR
REASONABLE REIMBURSABLE EXPENSES, FROM THE LEGISLATIVE
LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------------------------- --------------------------------------------------------
13. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) ON
FEBRUARY 21, 1995 -- FOR UNIFIED DEVELOPMENT PROJECT (UDP)
CONSISTING OF DEVELOPMENT OF MEGA YACHT MARINA AND
RELATED USES ON CITY -OWNED WATERFRONT PROPERTY AT
WATSON ISLAND. (See label 14B)
Mayor Clark: Item number 11.
Vice Mayor Plummer: Mr. Mayor, my concern with item number 11, I think a mega yacht
placed there would be great. I think it would be good revenue for the City of Miami. I have to
tell you that I am in opposition to any structure that goes approximately five stories high; in
particular, a hotel, which I would assume would be in the neighborhood of 200 rooms or 300
rooms. Each one of us were approached during the casino gambling referendum that came up,
and that was one of the choice spots that they would want to put a revenue producer in for the
City, keeping in mind it had to be a minimum of a 1,000 room hotel. I am opposed at this point,
Mr. Mayor, of putting in anything of a structure four, five stories high. Single stories, assessory
use for the mega yachts, I'm in favor of, but I would not vote to put something five stories high.
27 February 9, 1995
Mayor Clark: Well, really, we're not voting to put anything in there now. We use an RFP
(Request for Proposals) to see what they have available. Maybe we won't even get a bid on this.
I don't know.
Vice Mayor Plummer: It allows, Mr. Mayor, up to 50 feet height.
Mayor Clark: Well, 50 feet, five stories.
Commissioner Dawkins: Mr. Mayor, I would hope that as we discuss 11, 12, and 13, that we
bear in mind that this Commission put a referendum out to the voters, asking the voters if they
were willing to relinquish the right of voting on any waterfront properties, and the voters turned
it down.
Vice Mayor Plummer: No, he is right on that. He's coming at it backwards.
Commissioner Dawkins: So I would hope that each of these UDPs (Unified Development
Project) require, put in there that this is subject to approval by the electorate, so that an
individual...
Vice Mayor Plummer: I don't agree with that.
Commissioner Gort: It's in there.
Vice Mayor Plummer: I don't agree with that.
Commissioner Dawkins: ... who goes out and spends $100,000 or $150,000 to prepare an RFP
will know that it has to go before the voters. If we don't put that in there, I mean, I don't.
Mr. Odio: Excuse me, Commissioner. In Watson Island, that is a requirement.
Commissioner Dawkins: No, on all of it. Put it... I want it in all of it.
Vice Mayor Plummer: Well, I think, also, if I'm not mistaken, in Watson Island, it has to go
before the Cabinet of the State of Florida.
Mr. Jack Luft: That's correct. That's correct.
Vice Mayor Plummer: Because they...
Commissioner Dawkins: Say what, now? Say what?
Mayor Clark: It has to go before the Cabinet.
Commissioner Gort: Mr. Mayor...
Vice Mayor Plummer: In Watson Island, you will recall when we were negotiating before, I had
to go to the Cabinet in Tallahassee, and anybody that bids has to understand, they've got to
produce financial records, they've got to produce financial projections, traffic studies, and all of
that in there, and I can tell you that the Governor at that time negotiated for part of the Bayside
property for funds for Coral and Coconut Grove. So that there definitely has to have all of those
approvals, but that's only Watson Island, Mr. Dawkins.
Commissioner Gort: Mr. Mayor.
28 February 9, 1995
Mayor Clark: Yes, sir.
Commissioner Gort: As a procedure, I would like, if possible, I would like to hear from staff,
not only... because we have a lot of this documentation we've read, and we're very familiar and
aware of, but the public out there is not aware of what's happening. I'd like to hear from staff, if
possible, and then we'll ask our questions.
Mayor Clark: All right.
Commissioner Dawkins: I didn't... I made a... I didn't ask a question, Mr.... I made a
statement for the three of them...
Mayor Clark: All right. Very good.
Commissioner Dawkins: ... so that we would not have to come into all three of them, Mr. Gort.
Mayor Clark: Go ahead, Mr. Luft.
Mr. Luft: OK. Are we just addressing Watson Island at this time?
Mayor Clark: That's what's on the agenda.
Mr. Luft: All right. There are going to be many levels of review and approval on this. Citizens
will have a vote. What we'd like to do is get a viable economic project. We're concerned that
proposers that we've talked to have suggested that the nature of a mega yacht marina will require
landside hospitality services, that we may not be able to get any bids without it.
Vice Mayor Plummer: Fine. Fine.
Mr. Luft: So I think that the package that we put together is the most feasible. We would prefer
not to have the project... I would think I could agree with Commissioner Plummer that if we
don't need the hotel, we wouldn't build it. But we may need it, and we may not get any bids
without it. And I think this RFP is designed to see, to test the market to see what is feasible.
That's why we broke it into an "AB" package, to make it possible to bid without the hotel. It is
not a requirement.
Mayor Clark: Yeah. Let the people bid on it. We don't know what's out there.
Mr. Luft: As far as the height goes, the new causeway bridge coming in will be as high or higher
than the hotel, so there will be no views blocked. We think 50 feet is minimally necessary to
offer hospitality rooms, any view at all. This is a view back to downtown. If you build a one-
story structure in front of the marina and a one-story hotel behind it, you will have no views at
all. It just simply doesn't work.
Mayor Clark: All right.
Mr. Luft: You need the 50 feet.
Mayor Clark: Anything further from staff? All right. Let's hear from the public.
Mr. Martin Tritt: OK. My name is Martin Tritt. I was born in Miami. My address is 5261
LaGorce Drive. I've been running the Fina Station at Watson Island for the last 16 years. I'm
not here to say that I'm against this project. I am, however, against the fact that when they
presented this to the Planning Board Advisory Committee, they conveniently forgot to say that in
29 February 9, 1995
the first phase, where they did the original Watson Island plan, that DERM (Department of
Environmental Resources Management) is now opposed to the marina over there. So it we... If
we have a mega yacht marina on the side that they propose it, and we have some kind of
botanical garden, which I would favor, frankly, increasing and making a better tourist attraction
of the Japanese Gardens, but if we do these two things, then... and we are never going to have a
marina for small boats on the other side, because DERM seems to be against it, then we're going
to...
Vice Mayor Plummer: It's got small marina spaces everywhere.
Mr. Tritt: We're going to wind up giving the whole island to private enterprise, and giving away
another park. I don't know if you saw it, but in Sunday's paper, they had a little one square
thing that they thought they should put a museum of unfulfilled Watson Island projects on
Watson Island. But the thing is this. Everybody... There's a proposed transportation center. I
believe that this is the first thing that should be worked on on the island. There's a possibility
that there's going to be a tunnel from the island. We've gone... to the ports. We've gone
through over three years of them widening the causeway, and it wasn't planned where they
would build a bridge at the same time. So they've interfered with our business now, and it's
going to be a total of about six or seven years by the time the bridge is finished. And they
haven't planned things the way they should plan them. I believe that it would be a shame to
throw away the fish market, and I think that that's the first thing that should be planned, is to
make one air conditioned dock with all the people that sell fish now, possibly with them having
preferential treatment, and work from there. That way, you'll... They went through trying to
evict all of these fishermen, and instead of trying to keep old business, they seem to want to try
to get rid of what we have. That's the same thing that they did with the Goodyear blimp.
Vice Mayor Plummer: That's not a true statement.
Mr. Tritt: And I understand now that there's some blimps interested in corning to the
transportation center. Why not work on that first, and the public parts of Watson Island, before
we go ahead and try to kick everybody out so that we won't have any opposition to a mega yacht
base?
Mayor Clark: All right. We thank you.
Mr. Tritt: I happen to be in favor of a hotel in connection with a mega yacht base.
Mayor Clark: All right.
Mr. Tritt: But I would like to see all of this done after the public parts of the island are finished.
Mayor Clark: Thank you, sir.
Mr. Luft: Mr. Mayor, just to clarify. DERM has reviewed this marina proposal, and specifically
approves of it. OK? There is no problem.
Mayor Clark: All right. Yes, sir.
Vice Mayor Plummer: And also, for the record, Mr. Mayor, the reason we lost the blimp was
not what he said. It was because we opposed a ten -story hangar on Virginia Key.
Mayor Clark: Next case. Yes, sir.
Mr. Allen Morris: Hello. I'm Allen Morris, 1000 Brickell Avenue. I'm here in my capacity as
chairman of the committee, Watson Island Subcommittee, for the Greater Miami Chamber of
30 February 9, 1995
Commerce, to speak in favor of proceeding ahead with a development plan for Watson Island.
Specifically, the issue, as a part of the plan for Watson Island, that many of us within the
Chamber of Commerce feel would be beneficial is the idea of a Parrot Jungle type family
attraction on the island, that would be a great tourist. attraction. We all know that Watson Island
is something that costs the taxpayers money, and doesn't look the way we all want it to look, and
hopefully, a combination of something like a botanical garden type family attraction, possibly
combined with a mega yacht marina, would make it a money maker for the City of Miami, as
well as put a good face on the City to the tourist community. So we're very much in favor of it.
Mayor Clark: Thank you very much for your appearance.
Vice Mayor Plummer: How much is the Chamber willing to put up in dollars to help us on that?
Have they allocated any funds?
Mr. Morris: I'm being allocated pro bono.
Vice Mayor Plummer: Oh. OK.
Mayor Clark: All right. Thank you, sir.
Vice Mayor Plummer: Mr. Mayor, may I... He brought up a point, if I may clarify. Jack.
Mr. Luft: Yes, sir.
Vice Mayor Plummer: Is it possible... because you know we've all been talking to the Parrot
Jungle, Mr. Levine.
Mayor Clark: Yeah.
Vice Mayor Plummer: And I think we all think it's a great idea. Could a person, like the Parrot
Jungle, be a sole bidder on a bid without going to the mega yacht aspect and to the other aspect?
Is that possible? I'm just asking.
Mr. Luft: Item 39 on your agenda authorizes us to prepare an RFP for a specialty attraction such
as this. And this is a...
Vice Mayor Plummer: OK. So in other words, somebody could put a Parrot Jungle in there, and
not bid on the remaining portion of it.
Mr. Luft: It's a separate RFP that we haven't written yet. This RFP is not for a Parrot Jungle.
Vice Mayor Plummer: Then let me ask it in reverse. That which we have before us today does
not preclude our doing that?
Mayor Clark: No.
Mr. Luft: Well, what we have before us today is a specific ten -acre parcel for retail services
related to a marina. OK? It would not be practical or possible, within that parcel, given the size
of the facility that they need, to build a Parrot Jungle. OK?
Vice Mayor Plummer: Are we forgetting, conveniently about the helicopter obligation we have?
Mr. Luft: No, we are not.
31 February 9, 1995
E-»:A
Vice Mayor Plummer: Are we not forgetting about the Chalk Airlines?
Mr. Luft: No, we're not. Those...
Vice Mayor Plummer: OK. I just don't want to see. Excuse me. Let me just make this clear. I
don't want to see us eating up that island that would preclude an application like a Parrot Jungle
or a botanical gardens.
Mr. Luft: No. We have more than enough room to do the Parrot Jungle, and that will be
forthcoming, if you approve 39.
Mayor Clark: All right. Thank you. Yes, sir, anything further? Thank you, Mr. Morris.
Vice Mayor Plummer: Or anybody else.
Mayor Clark: Yes, sir.
Mr. Luft: I would also say, Mr. Mayor, Mr. Tritt's comment about the fishermen, there's
nothing in this RFP that would preclude the inclusion of those fishing boats at a pier in this
project. If it is the desire of this Commission, we can actually put words to encourage that.
Commercial vessels would be permitted by DERM at a marina like this, and it may well be a
positive factor in the tourism and visitor attraction that we're trying to create here.
Mayor Clark: All right.
Mr. Luft: So you could ask us to include that, if you wish.
Mayer Clark: Yes, sir. All right.
Mr. Luft: It is, by implication.
Mayor Clark: All right, sir. Give us your name for the record.
Captain Frank Smith: Captain Frank Smith, 1040 McArthur Causeway, Miami, Florida.
Mayor Clark: 1040 McArthur Cause... You live there?
Captain Smith: Yeah, I stay on the boat. I have a boat there that I stay...
Mayor Clark: Do we have live-aboards there?
Captain Smith: Yes, sir. I was under the Pier 5 agreement, which is... there was a live -aboard.
Mr. Odio: This is... I'm glad the captain is here. This is one of the problems we're facing in
Watson Island, so-called marina, because there's not supposed to be anybody living on board,
because we have no sewer connections. And that's why we have noticed all of them to leave the
property, and we are... We'd be glad to incorporate commercial. If we encourage it to
incorporate in this UDP process, we have no problem, but as it now exists, you can no longer
remain like that.
Mayor Clark: All right.
Captain Smith: Excuse me, sir. We have U.S. Coast Guard approved sewage aboard the vessels.
All the vessels have the proper facilities for that. What I'm trying to state is that were here in
32 February 9, 1995
December with the Zoning and Planning Board, and they recommended that if they build a mega
yacht or the 300-room hotel, they would OK it, providing that they would include an area for the
fishing boats, and the fish markets on Watson Island. And I am the president of the association,
which we were going to follow up.
Mayor Clark: OK. Thank you, sir. Yes, now we're fishing.
Mr. Manuel Gonzalez-Goenaga: Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street.
Commissioners, citizens of Miami, Watson Island has many problems, and they date back from a
group that... a group of sharks that wanted to take over the most valuable island that belongs to
the citizens. And we are still having that problem because the sue us, and we have expended so
far $150,000. So Watson Island, from the previous sharks, is not over yet. And we better decide
what is best for the citizens of Miami, because I believe in development, but I believe, also, in
nature. And anything that is done, and the citizens are precluded, and given to private hands
where we cannot go in a property that belongs to all the citizens and taxpayers of Miami, we
should stand up, not kneel down. Thank you very much.
Mayor Clark: Thank you. Yes, sir.
Mr. Ray Cantillo: Good morning, Mr. Mayor. I would like to ask you if I could have five or ten
minutes to talk about...
Mayor Clark: Wait a minute, now. What's your name, sir?
Mr. Cantillo: Ray Cantillo.
Mayor Clark: Where are you from?
Mr. Cantillo: From Coconut Grove, 86 Bay Heights.
Mayor Clark: Five or ten minutes for what?
Mr. Cantillo: To talk about the Watson Island.
Mayor Clark: We've got people here that have been here since eight o'clock this morning, so
you just came in and now you want five or ten minutes of their time.
Mr. Cantillo: May I have five?
Mayor Clark: Five minutes, that's all.
Mr. Cantillo: Thank you. Honorable Mayor and members of the City Commission and City
Manager, I'm here today in a capacity of a community activist, and a very involved person in
local politics, to praise you for all of the great things you're doing to create revenue for the City
of Miami, and also for your vision and directions to make this a better place to live. I come as an
advocate of an industry that is a dying industry, and that is the fishing industry in South Florida.
We advertise the image of Miami all over the world. Watson Island has been a true pillar of that
advertising image as it pertains to fishing, as it pertains to recreational activities and so forth and
so on. There are four families in Watson Island that have been there for probably 60 or 70
years - one of them, that is - that have made a capital investment in trying to remain as an active
member of the community by paying rent, and by being involved in something that our children,
and myself, and our families do enjoy on weekends, and so forth, and holidays, and that is being
able to go on a recreational fishing trip without having to spend a fortune. These families want
to work for the good of the City, and they want to be involved in the growth of the City, and
33 February 9, 1995
these families that I advocate for would love to be part of the new visionary plan that you all
have for Watson Island. These families would like to be there, as they have been, and be part of
everything that you need them to be, in order for them to be active members of the community.
These families are the Casa Blanca Fish Market, Reward Fishing Fleet, De Armas Seafood, and
Captain Frank's Fresh Fish. They are operating on a marginal basis. I think that if you look at
them as part of the old Miami, the present Miami and the future Miami, you will be doing our
community a great service. I have brought for many, many years tourists from Europe and Asia
to see and go out fishing out of that particular location, and they were very, very much enjoyed
and talked about it for a long time to come. So I appeal to your good judgment, as you have in
many other things, to look at this industry as part of Miami and the future of Miami.
Mayor Clark: All right. Thank you, sir.
Mr. Cantillo: Thank you very much, Mr. Mayor.
Mayor Clark: All right. What's the pleasure of the Commission?
Vice Mayor Plummer: Mr. Mayor, you know, I'll move it, but I want it very clearly understood
and on the record where I stand, that I will not vote for anything over a single -story structure,
and I don't want anybody to be misled that says when he... after he makes a $100,000 bid, that,
"Well, if I had known that, I wouldn't have bid." I am opposed to the 50-foot in no uncertain
terms, but I will vote to put out the RFP, as long as it is clearly understood where I stand from
the beginning.
Mayor Clark: Well, there will be a vote on that, Mr. Plummer. You could state your position. I
don't think... That's not my position.
Vice Mayor Plummer: Yes, sir, but, you know, if it doesn't contain in there, the man can come
back later and say, "If I had known that was in there, I would have never voted." Well, it's not in
there.
Mayor Clark: A one-story building? Might as well not put it out.
Vice Mayor Plummer: A one-story, yes, sir, assessory use to the mega yachts.
Mayor Clark: All right. What's the pleasure? You got a motion, Willy?
Commissioner Gort: I'll second.
Mr. Odio: I need a clarification, please. I'm sorry, Commissioner. I'm sorry, because the
motion has to be clear, I understand. Are you changing... Are you amending the UDP to read...
Vice Mayor Plummer: No, sir.
Mr. Luft: No.
Mr. Odio: OK.
Vice Mayor Plummer: No, sir, I'm not amending.
Mr. Odio: OK.
Vice Mayor Plummer: I am merely stating my position.
34 February 9, 1995
Mr. Odio: OK. No, no, I just want it clarified. OK.
Mayor Clark: I don't understand. Is that limiting it to one story?
Mr. Luft: No. We will retain the 50 feet. He says when the proposals come back...
Mayor Clark: Oh, I see.
Mr. Luft: ... he doesn't want a proposer that has a bigger building to be surprised when he votes
against it.
Mayor Clark: Moved. You second it, Willy?
Commissioner Gort: Yes, I second.
Mayor Clark: Any further discussion?
Mr. Luft: Would you like to have the language including the fishermen in the RFP?
Commissioner Gort: Yes.
Vice Mayor Plummer: Well, excuse me. What you usually do is, you have a bidders'
conference prior to the submittal.
Mr. Luft: Correct.
Vice Mayor Plummer: And I would hope that my comments and my colleagues' comments
would be brought out so they'll know exactly where we are.
Mr. Luft: We will put the text of this item and your comments in the RFP as an appendix.
Vice Mayor Plummer: That's fine. That's fair, sir.
Mayor Clark: Mr. De Yurre?
Commissioner De Yurre: I just want to make sure. We're approving it as presented.
Vice Mayor Plummer: That's correct.
Mayor Clark: With the caveat of Vice Mayor Plummer's statements.
Commissioner De Yurre: Well, which has no bearing right now at this point in time.
Mayor Clark: It has no bearing on this.
Vice Mayor Plummer: No, no, no. It's just a statement. It's not an amendment, it's not a
caveat, Mr. Mayor.
Commissioner De Yurre: OK.
Commissioner Dawkins: One question.
Mayor Clark: Yes.
35 February 9, 1995
Commissioner Dawkins: Will it have in there that it has to go before the voters?
Mr. Luft: It already has that in there, sir.
Commissioner Dawkins: Thank you.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-81
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP") ON FEBRUARY 21, 1995, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT
PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF A MEGA YACHT
MARINA AND RELATED USES ON APPROXIMATELY 26 ACRES OF CITY -
OWNED WATERFRONT PROPERTY LOCATED AT WATSON ISLAND, MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Everybody wants to get out of here, but we've just got to go through this thing.
36 February 9, 1995
----------------------------------------------------------------------------------------------------------------
14. (A) AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP)
ON FEBRUARY 28, 1995 -- FOR UNIFIED DEVELOPMENT
PROJECT (UDP) CONSISTING OF DEVELOPMENT OF THE
MIAMI MARINE STADIUM AND RELATED MARINE AND
RECREATIONAL USES ON CITY -OWNED WATERFRONT
PROPERTY AT 3601 RICKENBACKER CAUSEWAY.
(B) FURTHER DISCUSSION CONCERNING PRESENT LITIGATION
INVOLVING WATSON ISLAND. (See label 13)
Mayor Clark: Authorization of a request, number 12.
Vice Mayor Plummer: Marine Stadium.
Mr. Jack Luft: This is seeking a proposer to either repair or replace in kind the facilities, so that
we can bring back public programs and activities to that waterfront.
Mayor Clark: Let me tell you, Jack, I don't know whether you have that information. The City
needs to obtain a clearance letter from the State.
Mr. Luft: Yes, sir, we met...
Mr. Cesar Odio (City Manager): We have.
Mr. Luft: We met with Tom Beck day before yesterday. He has agreed to provide us with that
clearance letter next week. That's the soonest he can get it to us. Marine Stadium will be
vested. It will not be part of a DRI (Development of Regional Impact).
Mayor Clark: They have to go through a DRI, it will never happen.
Mr. Luft: They will not.
Mayor Clark: All right.
Mr. Luft: It has been excluded.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, Mr. Mayor.
Mayor Clark: Excuse me.
Mr. Jones: Mr. Mayor.
Mayor Clark: Who's talking? Yes.
Mr. Jones: If I just may add to item 11 on the...
37 February 9, 1995
Mayor Clark: Sir, what is that?
Vice Mayor Plummer: OK. Go ahead.
Mr. Jones: With respect to the mega yacht, I just needed to make sure that you understand, there
still is a case out there involving the last proposed development, that we've been successful up to
this point, in the Court ruling in our favor on virtually three -fourths of the case. There's still one
constitutional issue left out there that has to be litigated by the Court. It took the Court 16
months to rule on the other. It's still in District Court, U.S. District Court, which we filed a
motion for summary judgment almost two years ago, and that one... I just want you to be aware
that there's one still lingering issue that could affect the development of the whole property.
Mayor Clark: Well, let's go out and find out about this. We understand. Thank you for your...
Mayor Clark: Is there a motion on this item? Did you want to...
Vice Mayor Plummer: On 12, Mr. Mayor?
Mayor Clark: Yeah. This gentleman here.
Vice Mayor Plummer: Mr. Mayor, I have... would like to hear from staff. I have a problem with
12, and my problem is very simple. We're told that it will take in excess of $2,000,000 to do the
repair. Am I in the ball park, Jack?
Mr. Luft: I think at least that, yes.
Vice Mayor Plummer: OK. A minimum of $2,000,000, unless we would have a private
developer, who would go in there, who would, in fact, redo that facility, or tear that facility down
and build a new one, who would give an annual minimum guarantee to this City, I would be
opposed. I want to remind my colleagues that that Marine Stadium, as beautiful and unique as it
is, has never, ever come close to breaking even in revenue. It is a loser, it is a financial loser,
and I don't think that if we were to redo it that it would be any different. So if someone in the
private sector wants to take his money and rebuild it, and give a minimum annual guarantee to
the City for basically the rent of what he is renting, I would be in opposition. So I just want to
make that very, very clear.
Mr. Odio: We agree. That's what we're trying to do.
Vice Mayor Plummer: OK.
Mayor Clark: Let me tell you, the reason that stadium was built by this City, our then -Manager,
Melvin Reese, did not believe... no one was... I was here. I was the only one present at that
meeting, that Commission at that time... that private enterprise couldn't do the job. We had a
person coming in from California who was going to build a marine stadium, have it for 20 years,
and then turn it over to the City of Miami. That would have been in 1983. It would have all
been paid for, and everything else. But then sometimes, when government gets involved, the
wheels grind very slowly.
Vice Mayor Plummer: Mr. Mayor, there was nothing any prettier in this community than Easter
sunrise services, watching the sun come up on Easter morning.
38 February 9, 1995
LY!1H
Mayor Clark: That's true.
Vice Mayor Plummer: But it was an expensive coming up of the sun.
Mayor Clark: Jack.
Commissioner Gort: Expensive view.
Vice Mayor Plummer: I move item 12 with a caveat of what I have...
Mayor Clark: Wait a minute. We got a gentleman here.
Commissioner Gort: Can we hear from staff?
Vice Mayor Plummer: Oh, I'm sorry. I'm sorry.
Mayor Clark: Staff has already made their statement. Right, Jack?
Mr. Luft: Right, we've made our statement.
Commissioner Gort: And this...
Mr. Luft: There is a minimum guarantee of $320,000 a year required payment from a proposer
for the operation of this facility.
Vice Mayor Plummer: No less than.
Mr. Luft: No less than.
Mayor Clark: This gentleman here wants to speak on it, I think.
Mr. Paul Hollenbach: Yes. Mayor Clark, my name is Paul Hollenbach, president of Palace
Players, Incorporated Theater Enterprises. My address is 2753 Northeast 32nd Street, Fort
Lauderdale, Florida. I would like to read into the record a proposal that I proposed to the City of
Miami for Marine Stadium.
Mayor Clark: No, sir, we're not... We're not going to do that.
Mr. Odio: Excuse me.
Vice Mayor Plummer: It's out of order.
Mayor Clark: We've got an item before us that calls for us to go out for a proposal.
Mr. Hollenbach: Correct. But I... just in concept, an idea that might apply to this facility.
Mayor Clark: Well...
Commissioner Gort: No. You present it with them.
Mr. Odio: But, Mr. Mayor, if I may. I have explained to him about...
Vice Mayor Plummer: He can be a bidder.
39 February 9, 1995
Mr. Odio: ... I think it's about 2,000 times, that if he wants to bid on this RFP, he's welcome to
do so.
Mr. Hollenbach: Correct.
Mr. Odio: And this is not the proper time to do so. The proper time is, you put a package
together, answer the RFP...
Mr. Hollenbach: I understand that.
Mr. Odio: ... and you may or may not get it.
Mr. Hollenbach: I correctly understand that.
Mr. Odio: But this is not the place.
Mayor Clark: Not the time for that. All right, sir.
Mr. Hollenbach: Refer it out. Thank you.
Mayor Clark: Thank you. Motion, second, with those caveats in there, Plummer's caveats.
Let's...
Commissioner Dawkins: This will have in there that it has to go back to the voters.
Mr. Luft: What this says, according to City charter...
Commissioner Dawkins: Will it have in there...
Mr. Luft: If there...
Commissioner Dawkins: ... that the voters say that they want this to come before the voters?
Mr. Luft: If there are not three bids, it will go to the voters.
Commissioner Dawkins: If it's three bids, they say they want it to come to them. They said that.
Vice Mayor Plummer: No. I'm not in favor of that.
Commissioner Dawkins: Yes, the voters did say that.
Mr. Luft: All we can do, Commissioner, until you change the rules, is go by the Charter. The
Charter says less than three bids will go to referendum. Three or more, it will not. Whatever
you want to do.
Vice Mayor Plummer: Well, no. Jack, excuse me. I'm not the...
Commissioner Dawkins: OK. All right. The voters... Wait a minute. The voters said that
they... Wait a minute, you listen to me. I've listened to you, and I'll be finished. Listen to me.
The voters said, when we asked for the right not to come to them, they said they wanted it to
come back to them. And they have a right, sir, to go to court, if they want to, but that's up to
them. Thank you.
40 February 9, 1995
Vice Mayor Plummer: Mr. Mayor, I'd like to correct Mr. Luft's statement, because even though
I'm opposed to what Mr. Dawkins is saying and the three... going to the voters, this Commission
can attach any, "any" regulations we want, to an RFP, if I'm not mistaken.
Mr. Luft: That's right, but you haven't yet.
A. Quinn Jones, III, Esq. (City Attorney): You can attach conditions, but they can't be greater
than that, that you've established in the Charter. That's what you've got to be guided by,
because the first...
Mayor Clark: OK. All right, all right, all right.
Mr. Jones: ... the first challenge, someone is going to say you're violating your charter.
Mayor Clark: All right. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-82
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP") ON FEBRUARY 28, 1995, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT
PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF THE MIAMI
MARINE STADIUM AND RELATED MARINE AND RECREATIONAL USES ON
APPROXIMATELY 18 ACRES OF CITY -OWNED WATERFRONT PROPERTY
LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner De Yurre: Now, there's no restriction about the voting. You get three bids and
that's it.
Mr. Luft: That's right.
Commissioner De Yurre: Right? OK.
Vice Mayor Plummer: Well, excuse me. I'm being corrected.
Commissioner Dawkins: Unless... Unless the citizens decide to file a class action suit and delay
it.
41 February 9, 1995
Commissioner Gort: They can't.
Commissioner Dawkins: OK? All right.
Vice Mayor Plummer: Well, excuse me, Mr. Mayor, let me stand corrected, because the City
Attorney is telling me that you cannot make anything more restrictive than what the Code calls
for presently.
Mr. Jones: I didn't say the Code. I said the Charter.
Vice Mayor Plummer: The Charter.
Vice Mayor Plummer: Charter. I'm sorry.
Mr. Jones: I said the Charter specifically sets forth what the requirements are. Now, you cannot
attach any conditions that are greater than those that are set there.
Mayor Clark: We have not, I don't believe, in this case.
Vice Mayor Plummer: Well, he's saying we can't. I thought we could.
Mayor Clark: Well, I know, but we have not tried.
----------------------------------------------------------------------------------------------------------------
15. (A)AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS ON MARCH
7, 1995 -- FOR UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING
OF DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL FACILITIES ON CITY -OWNED
WATERFRONT PROPERTY AT VIRGINIA KEY BEACH.
(B)RESCHEDULE APPOINTMENT OF SELECTION COMMITTEES AND
CERTIFIED PUBLIC ACCOUNTING FIRMS IN CONNECTION WITH
RFPs FOR UDPs FOR: (a) MEGA YACHT MARINA AT WATSON
ISLAND, (b) MIAMI MARINE STADIUM, AND (c) VIRGINIA KEY
CAMPGROUND.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 13. Folks of Coral Gate, we'll get to you in just two little items here.
Thirteen, what's the pleasure on 13?
Commissioner Gort: I'd like to hear from staff, if we may, please.
Mayor Clark: All right, staff.
Vice Mayor Plummer: Why didn't you go to the briefing?
Ms. Diane Johnson: Yes. This is the Virginia Key Campground that we are going to be putting
out for development. We are looking at an approximate 155 acres. We are looking for a
minimum investment of $2,000,000 with a minimum base rent of $300,000 versus a... seven
percent of gross revenues. We have devised a plan that targets an eco-tourism market as well as
basic RVers (recreational vehicles). We have also included the fact that the beach would need to
be remained open to the public. We have attempted to include as many recreational and
42 February 9, 1995
environmental amenities, including programming for environmental education as a requirement
in the proposal. And we feel that we have a good mix of amenities and facilities that will not
only preserve and enhance the environment, but will bring the community to this wonderful
natural resource we have here in the City of Miami.
Mayor Clark: All right. Thank you.
Commissioner Gort: Mr. Mayor, for the... Mr. Mayor, we might be able to expedite some of the
time. My understanding is... I met with the MAST (Maritime and Science Technology High
School) Academy students, and they brought up some concerns that they had, and my
understanding is the staff has answered those concerns. I would like for them, if possible, to
address those concerns, and that might help us save some time.
Ms. Johnson: Certainly. We also met with students of the MAST Academy, and received a
copy of a recommended alternative plan from them. In general, I'd like to state for the record
that 90 percent of what the alternative recommendations suggested have already been included in
the RFP (Request for Proposals), the initial one being that the bulk of the campground amenities
be located in the open meadow area in the southern end of the park, and that is, indeed, included
in the RFP. We can add emphasis, if the Commission so desires. The students have
recommended that the campground be a low impact facility, with substantial review and input by
environmentalists, concerned citizens, and regulatory agencies. That is, in fact, required as part
of the permitting and public review process that we're undergoing. Another of the
recommendations that the students have included would be that provision be made for the
identification, preservation and reservation of... restoration of existing structures for their
historical value. They're referring primarily to the fact that the southern end of the beach was a
former segregated beach in Dade County. We have met with Dorothy Fields... actually with Ms.
Cooper, and we're going to be meeting with Dorothy Fields, and we've included a provision in
the RFP that such use be recognized, and that it is an important aspect to our community.
Another suggestion made by the students was that CS zoning remain CS. We concur. That any
development within conservation areas be restricted, and we're following that. There are,
however, areas that were mismapped in the Zoning atlas that we do intend to correct.
Mayor Clark: All right.
Ms. Johnson: There are small areas where Jimmy's... Jimbo's is. Would you like me to...
Mayor Clark: No, that's enough. All right.
Ms. Johnson: OK.
Mayor Clark: Now, folks, we're going to finish this item by eleven o'clock. So all of you can
speak for a minute, half a minute, 30 minutes if you want to. It is ten -thirty-seven. Plenty of
time. We spent a lot of time at the last meeting on this item, and we're going to come to a
decision. This is not a decision that we make here today insofar as what's going to happen out
there. We're only asking people to make bids on this through an RFP process, so there's no
official action being taken today.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: For the sake of time, I think it's important if they would listen to the
presentation by staff. A lot of the concerns was addressed by staff.
43 February 9, 1995
Mayor Clark: Yes. Most of the concerns were addressed by staff.
Vice Mayor Plummer: Mr. Mayor, if I may, and I just want to make my thoughts on the record.
I have stated before, and I'll state again, this concept came through me, was for a recreational
vehicle facility in this community to bring in income. I never spoke to any waterfront park, I
never spoke to the beach or any of that. Staff has prevailed upon me to leave it in, and I can vote
my conscience at the time of the bid, with the proviso that the RV camp would stand alone from
the others, or it could be bidded out individually. So for that reason, it might be a great deal for
the City, but I'm saying where my particular initial concept came from, and where my vote
stands today.
Mayor Clark: All right. Now, let me tell you. We've got ten -thirty-eight. At eleven o'clock,
it's cut off. Are you going to start this, Mabel? You usually do.
Ms. Mabel Miller: I would like to say that after your reviewing this RFP, and our doing the
work that we have, and the young people too, I think we all realize that this is an incomplete
concept, and therefore, an incomplete document, and needs to be reconsidered...
Vice Mayor Plummer: Absolutely not.
Ms. Miller: ... before you are willing to issue the RFP. And there are others who have many
important things to say to you about it.
Mayor Clark: All right. Give us your name and address when you approach the microphone.
Ms. Nairy Reboredo: Yes, sir. My name is Nairy Reboredo.
Commissioner Dawkins: Pull the mike... Pull the mike to you, please.
Ms. Reboredo: Excuse me?
Commissioner Dawkins: Pull the mike to you.
Mayor Clark: Bend it down a little.
Commissioner Dawkins: There you go.
Ms. Reboredo: Thank you. My name is Nairy Reboredo. I am the social studies teacher at
MAST Academy. My address is 5450 Southwest 89th Avenue. Ms. Linda Eads, our principal,
has asked me to request that our students prepare their presentation... The presentation that they
have prepared, they could present it to you, and a few students have prepared to speak to you on
the issue of Virginia Key, if we may, sir.
Mayor Clark: All right. You have the time, for 20 minutes.
Ms. Reboredo: Thank you, sir.
Mayor Clark: Come up one at a time, and give us your name and address.
Ms. Reboredo: Thank you.
Mayor Clark: OK. Thank you.
Ms. Susan Varona: Good morning. My name is Susan Varona. I live at 457 Northwest Bird
Road - I mean, excuse me - Red Road, Miami, Florida, 33126. Thank you. Before I begin; I'd
44 February 9, 1995
like to start off by apologizing for what happened at the last meeting we attended. I'd also like
to add that we're going to be as brief as possible. Thank you. Gentlemen, before you leave this
room today, you will cast a decision on the fate of one of South Florida's most unique and
valuable resources. Virginia Key is not just a plot of land suitable for development. It is an
island with historical and environmental importance to this community which cannot be
understated. Three months ago, when I became extensively involved with this issue, I was, for
the first time, able to see what kind of strong feelings were attached to Virginia Key. I stand
before you today as a representative of the students which have felt these emotions. On January
12th, I think you saw exactly what I'm talking about. We came prepared to fight a system which
we did not completely understand. Over the past four weeks, however, we have learned a lot.
We have met with scientists, environmentalists, historians, politicians, and developers. We have
conducted field studies. We have come to you with a new plan, an environmentally responsible,
and yet revenue -producing plan. Commissioners, Vice Mayor, Mayor, we appeal to you to listen
to what we have to say. We have worked long and hard on what we are about to present to you.
It is our intention not only to present to you our plan, but also to educate you. Over 100 students
from almost every school across Dade County have put aside their differences and worked
together to provide what you are about to see. It is sincerely our hope that in the same spirit,
you, the City's leaders, and we, the citizens, can work together to ensure that Virginia Key will
be enjoyed for generations. Thank you very much.
Mayor Clark: Thank you.
Vice Mayor Plummer: I just think it should be noted for the record that what we're doing here
today is not a final decision, said by the Mayor.
Mayor Clark: I stated that.
Vice Mayor Plummer: There could conceivably be no bidders.
Mayor Clark: So just come to the point. Give us your name and address.
Mr. Pedro Jimenez: My name is Pedro Jimenez, 934 Southwest 8th Court.
Mayor Clark: Southwest...
Mr. Jimenez: 8th Court.
Mayor Clark: ... 8th Court.
Mr. Jimenez: OK. My job here today is to bring to your attention that in all the world, there is
no Virginia Key, and to let you know why. First of all, Virginia Key contains the only barrier
island base coastal hammock and tidal -dominated ecosystems in Dade County. It is also the last
stand for South Florida's endangered manatees and sea turtles, which have been run to the
farthest reaches of Biscayne Bay, by our encroachment on their environment. It is also the only
home for a great deal of endangered birds, and rare birds. We have a list of these for you, or
some of these. It has also been documented that Virginia Key is a temporary home frequently
for the symbol of our nation's freedom, the bald eagle. Virginia Key is much more than a unique
environment, though. It is characteristic of the natural state of the ecosystems which gave birth
to our community. The vegetation and life processes which constantly occur on Virginia Key
provide a window to South Florida's past. Because of Hurricane Andrew, Virginia Key suffered
immeasurable blows, but it is returning to its natural state, slowly but surely, just as it has time
and time before. But Virginia Key contains resilient and vital resources, and for these reasons,
should not be traded in for any amount of money. One of Virginia Key's vital ecosystems is the
Coastal Hard -Wood Hammocks. I have a picture of these. They...
45 February 9, 1995
Commissioner Dawkins: Go right ahead, sir.
Mr. Jimenez: These Coastal Hard -Wood Hammocks form on limestone outcroppings, which are
elevated portions of limestone on the land. Tidal marshes are also important to South Florida. I
also have a picture of this, which we took. Please allow me to elaborate on what tidal marshes
are. Detritus is rotting leaves and roots, of which mangroves produce 30,000 kilograms per
hecto-acre (100 acres) per year, becomes peat. This... When mangroves colonize a region, and
detritus becomes compacted, it's referred to as tidal marshes. There are many purposes for tidal
marshes. Among other things, they absorb pollution runoff and provide nutrients for offshore
ecosystems. Another important aspect is that the mangroves stabilize shorelines against
hurricanes, such as in the case when Hurricane Andrew was stopped from...
Mayor Clark: Sir, I'm not trying to shoot you down. No mangroves are going to be touched at
all; is that right?
Ms. Johnson: That's correct.
Mayor Clark: We're not going to go back into the mangrove swamp and try to disturb all that.
Mr. Jimenez: OK, OK. Well, will that...
Ms. Johnson: Any of the environmentally sensitive areas are off limits.
Mayor Clark: All protected.
Mr. Jimenez: Well, all right, all right. Well, I'll get to that right now. Plants... The plants of
Virginia Key's ecosystems provide a habitat for a great deal of birds of which...
Commissioner Gort: Mr. Mayor, let me try to explain to him, because they were outside. They
were not allowed to come in. The proposal you sent to us was sent to staff, and staff answered
about 90 percent of it very favorably. So you're arguing and you're discussing things that
already are agreed by the staff.
Vice Mayor Plummer: I would ask that you take the other course. I think it would be easier.
What is the ten percent that you're not in accord with? That's what I would like to hear.
Ms. Johnson: The portion that we have some difference of opinion...
Vice Mayor Plummer: Because I'm reading their document here, and very little do I disagree
with.
Ms. Johnson: That's correct, very little. The students have done a wonderful job in assisting us
in highlighting what we knew to be, the wonderful nature of the environment out there, and we
have taken great pains in the RFP to insure that it will be preserved and protected throughout not
only construction, but operation. Where we differ is in some of the ancillary activities. One they
refer to as a water theme park, which we refer in the RFP as a recreational swimming facility.
We have allowed up to ten acres currently in the RFP. We would be willing to reduce that to six
acres, including parking. It is the intent that... That particular amenity, the experts tell us, it's...
allows a campground to continue in the off season. We can scale it back, as I indicated, and I'd
be willing to do so.
Vice Mayor Plummer: Yeah, but correct me if I'm wrong. They refer to Lamar Lake. Is that
what I call Duck Lake on the chart?
46 February .9, 1995 -
Ms. Johnson: It's the Shrimpers' Lagoon.
Vice Mayor Plummer: Yeah, well that's Duck Lake. OK?
Ms. Johnson: Right. That is not included.
Vice Mayor Plummer: Excuse me.
Mayor Clark: It's not even being touched.
Vice Mayor Plummer: But it is, in their assessory uses. OK? This RFP does not, in any way,
shape or form, get over to that area.
Commissioner Gort: Yes, it does.
Mayor Clark: Sir, will you listen?
Mr. Luft: Shrimpers' Lagoon, we've proposed a dive boat or a fishing boat be able to come in
there and pick up campground guests. They are concerned about the manatees. We brought
Susan Markley, from DERM (Department of Environmental Resources Management), who
wrote the Manatee Protection Plan. She addressed at the MAST Academy that question, and
told them that from DERM's standpoint, they have no problem, none at all, with a fishing boat or
a dive boat picking up guests there. That is not the problem. They will not permit a private
marina in that location for general purpose public boating. But what we've proposed has
DERM's approval. There is no risk to the manatees. They are disagreeing with that. We
believe that service is a valuable recreational amenity for the campground, that's all.
Vice Mayor Plummer: You already have out there...
Mayor Clark: OK. All right. Please, now, they've got just a few minutes to go, so don't knock
them out.
Vice Mayor Plummer: Oh, all right. I'll wait till...
Commissioner Dawkins: Yeah, you're using up their time.
Mayor Clark: Now, you've got a couple more minutes. Go ahead, this gentleman right here.
Mr. Michael Wendschuh: Michael Wendschuh. My address is 10700 Southwest 98 Court. I'd
just like to say I guess I'm really happy that you've all looked over our document that we
prepared for you, and I'd like to say that it does differ significantly from what Mr. Luft is putting
out. What Mr. Luft is putting out is a campground based on entertainment -based amenities,
whereas a person would come to the campground with the intent of playing on a water theme
park, or playing mini golf, or riding around on golf carts in the, you know, in the coastal
hammock regions. What we are proposing in our proposal is an environmentally sensitive,
environmentally oriented eco-campground, a campground that would not put buildings and trails
and crushed aggregate golf cart paths over the existing coastal hammock, and very unique
ecosystems on Virginia Key, but would rather accentuate and emphasize Virginia Key's natural
beauty and unique history. A campground like this would not have to have a water theme park,
it would not have to have a mini golf course, it would not have to have a private marina. It's on
Virginia Key. That's one and a half miles outside of the City of Miami. For God's sake, the
City of Miami is one of the best cities in the world to be entertained in. You can have a tram
taking these people to Bayside, instead of taking them on a golf cart around a mini golf course.
47 February 9, 1995
You can have a tram taking these people to the two marinas which exist already on Virginia Key,
and from there, they could have their recreational diving boats and tours, and things like that.
There is no need to put a marina in a lagoon which is overpopulated with manatees, and is one of
the few places where manatees can teed in an undisturbed setting.
Mayor Clark: I agree with you.
Mr. Wendschuh: I mean, it's just not necessary. Think about what you have here. You have the
opportunity... Have you ever been on Virginia Key? Have you looked from where they're
putting that campground, how beautiful it is to look out at the Atlantic Ocean? You don't see
any buildings. You're completely separated from the metropolis of the City of Miami. Campers
could come here, enjoy nature, enjoy the wilderness. They don't have to be entertained. That's
their relaxation. For their entertainment, they spend their money in the City of Miami, in
Bayside, in the Port of Miami, in all of the things that bring you revenue, and you will profit
from that, and you will have a beautiful park, with many opportunities for educating students, for
preserving the environment, and for preserving the natural setting that Florida was built on. I
mean...
Mayor Clark: All right.
Mr. Wendschuh: Oh, go ahead.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: Please, folks. Are you going to make all the presentation or what?
Mr. Wendschuh: Excuse me?
Mayor Clark: Some of these other people want to speak, too, don't they?
Mr. Wendschuh: Let me just cover it for a little while longer, and then we'll get to them. We
have a few more minutes, right?
Mayor Clark: Well, yeah, you got a few more.
Mr. Wendschuh: Five minutes. I'd just like to... I'd just like to say that I do recognize that Mr.
Luft's heart... This proposal is in the right place, OK? It is definitely something that's been
waiting a long time, that we should have an eco-campground, especially in Miami, and I think a
campground is one of the best uses for Virginia Key. However, it's just... The proposal makes
some stands towards preserving the environment, maybe six acres of coastal hammock. If you
take six acres of coastal hammock and you separate it from where it is right now, in a habitat, in
an ecosystem, all you're left with is six acres of trees. The birds will not come to the coastal
hammock, the animals will not come to the coastal hammock, and eventually, it will die out.
Environments in South Florida are all connected. Everything is interrelated. If you separate
something and say, "This is our hammock, it's right here," then it's gone, and it's going to die.
Right now, we have a functioning ecosystem.
Vice Mayor Plummer: There's no hammock in that land.
Mr. Wendschuh: We have something people can learn from, an island of great historical and
environmental value. To throw that away would be to throw away an integral part of South
Florida's past, and its community richness. Thank you.
48 February 9, 1995
Mayor Clark: All right, 'Thank you, sir.
(APPLAUSE)
Ms. Danielle Bazin: Good morning. My name is Danielle Bazin. I reside at 1752 Northwest
80111 Street, We have three major, major historical concerns. And our first major concern is the
ed(left tlonaI program for the students within our inner City. Our second major concern is the
historians and the historical tours around the Virginia Key Beach. And our third major concern
I,,,, tite remaining... is the remaining buildings that reside on Virginia Key Beach. The inner City
program (colds great importance. We would like for our youth, and particularly, our Pan-
Arrican-American youth, to understand the struggle and recognize the strength of our ancestors.
In educating our youth, we would like for them to be able to appreciate the environment in which
they live III, and that surrounds... and that surrounds them. All of these efforts, and, hopefully,
many more efforts made in cultivating our youth. We would like to recognize and observe these
efforts when we enter into the new and improved Virginia Key Beach. We would also like for
our students to come out of this program with a new and maybe even different perspective on
their environment, and leave with it proud feeling of their ancestry. The historical tours. The
historical tours, we believe, should tie into with the educational programs. The tours should
consist of enlightening visitors of the historical background that took place in the 1940s, letting
titem know that this was the first colored -only beach that could be found in Miami. This beach
holds a dear meaning in the heart and home of many Pan -African -Americans. We feel that the
touts should have an idea and description of the campground they are residing on. We would
like for everyone to get a chance to immerse themselves into the historical events that took place
on Virginia Key Beach. The remaining buildings. We feel that the remaining buildings on
Virginia Key Beach should dwell where they are standing now. We feel that the buildings
should somehow be refurbished into the manner... into their original manner.
Vice Mayer Plummer: The only thing there is a bathroom.
Ms. Bazin: This holds �111-e.at importance because some of us Pan -African -Americans feel that
these are., in fact, or at least to some degree, historical monuments. This generation and
upcoming generations should have the chance to actually view their past, to see what it was like
in the days of their great-grandparents during the sensitive times of segregation, and to get a
chance to come in contact with their past history. In closing, I would just like to say that I hope
we weree able to somehow see eye to eye on some of these issues, or at least a few. I hope that
you take these concerns and ideas into consideration for the betterment of this generation and
many more. generations to come. Thank you for your time and attention.
Mayer Clark: Thank you, ma'am. All right.
(APPLAUSE)
Mr. Jordan Leonard: Good day. My name is Jordan Leonard. My address is 7430 Gary
Avenue, Miami Beach, Florida. In conclusion to all of this, I just would like to reiterate a couple
of important points. First. I'd like to state that on Super Bowl weekend, I happened to be
watching TV, and I happened to see our own Mayor Clark bring up a good presentation for
business from... for the City of Miami. And I happened to see that, and he's up there, and we
have a good film. and it shows all the resources and everything that Miami has. We show
Bayside, and use show the City, and the business, and the commerce, and everything is good.
And the one thing that I tried to state last time, and I'd like to reiterate now, is that we have all
that. and that's fine, but it's better to have something on the side to do on our weekends that's
not all caught up with the business. and the fast. something to he slower down, something that
u,e can have. and we can loot: at, and we can say. "This is what we can leave for our children, for
49 February 9, 1995
the future." Now, with us today, we have representatives from, I believe, about ten different
high schools, everywhere from Hialeah to Killian to Miami Beach to Gulliver to Palmetto to
Carrollton. We have organizations here also today. We have the people out here, we have
people up there, we even have people outside in the lobby and outside in the cold. All these
people want to speak, but they can't have the opportunity to. But they're all here for one reason,
and the reason is that they care about this land, they really do, or they wouldn't be here at all.
And we brought up several points. We brought up the history, we brought up how it was a
segregated beach, we brought up on the environment, what that means to us, that we honestly
believe in preserving the environment. We believe that this area, if kept for the future, we can
preserve it for a longer time, past our generation and into others. And just in conclusion, I'd like
to just... That's basically it. We have one more person that would like to add. Thank you very
much.
Mayor Clark: All right. Thank you, sir.
(APPLAUSE)
Mayor Clark: Let's have your name and address, please.
Ms. Jessica Redman: My name is Jessica Redman. I live at 13701 Southwest 66th Street. And
as a closing, I would just like to thank all of you for listening to us. And we're not really here to
work against you. We'd really like to work with you. And... but just some of the plans that Mr.
Luft has proposed are really going to interfere with the environment that we have on Virginia
Key now.
(APPLAUSE)
Mayor Clark: All right. You got a couple more minutes. You've better take advantage of it.
Ms. Reboredo: This lady is not with our school, but we have finished our school presentation.
Thank you for your time.
Mayor Clark: Yes, ma'am.
Vice Mayor Plummer: Mr. Mayor, there was a lady who approached me outside that wanted to
be heard. She's not from the school. She's a resident of the City, and I told her if she would get
to the microphone, I'm sure you would recognize her.
Mayor Clark: Is that Mabel?
Vice Mayor Plummer: No, it's not Mabel.
Ms. Miller: I would like to make a statement at the end, please.
Mayor Clark: No. You have made your statement.
Vice Mayor Plummer: No, no, no. We all know Mabel, one way or another.
Mayor Clark: All right.
Vice Mayor Plummer: There was a lady... I'm sorry, where is she? OK. Would you ask her,
please, to come forward? I don't know how... whether she's for or against, but she wanted to
speak.
50 February 9, 1995
Ms. Ana Maria Vazquez: May I speak?
Commissioner Dawkins: No, go right ahead, ma'am.
Mayor Clark: Go ahead.
Ms. Vazquez: Yes? OK.
Mayor Clark: Give us your name and address, please.
Ms. Vazquez: My name is Ana Maria Vazquez, and my address is 17300 Southwest 177th
Avenue, in Miami. I work with Vida Verde, a nonprofit environmental organization, working in
the rain forest in South America, and to bring awareness to the people of what is happening here
in Florida. We visit may schools and talk to different people, because what is happening right
now is, the United Nations state that if the destruction of the Earth continues as it is going, in 40
years, there will be no Earth left. I mean there will be Earth left, but there will be no humans.
So this issue is very important. Maybe it's not as big as the rain forest, but this is one of the few
things you still have here, that we still have here on this earth. So it is very important that the
older generation, the fathers of the City and the Commissioners, and the people who are builders,
understand that what the young people want, and what the people of Florida want, and what the
people of the world want is to live. And it's very important, it's very important that these areas
be preserved. Entertainment, you can turn on your TV and be entertained.
Mayor Clark: All right. Thank you. We understand that. Thank you.
Ms. Vazquez: But we cannot afford any more entertainment. I have these...
Mayor Clark: Thank you. Leave that with the Clerk, please.
Ms. Vazquez: ... that you can see, and I hope that you would make the right decision.
Mayor Clark: All right.
Ms. Vazquez: Thank you for your time.
Mayor Clark: Thank you. Thank you.
(APPLAUSE)
Mayor Clark: No, sir. This lady... The school is finished. This lady, Nancy Brown, we've
known Nancy for a number of years.
Vice Mayor Plummer: That's it.
Mayor Clark: She's a great preserver of the...
Ms. Nancy Brown: Yes. I appreciate you all letting me speak. I am Nancy Brown, speaking for
Friends of the Everglades. We are very concerned about the changes proposed for Virginia Key.
I'm old enough to remember when it was a beach, and that it was a beautiful beach, and there
was a while where we couldn't use it, either. But after we were able to use Virginia Beach, it
was very pleasant. It's distressing to see the damage there, but it's interesting to know that
FEMA (Federal Emergency Management Agency), the State of Florida, the Federal
Government, everyone is willing to restore the upland Hard -Wood Hammock, and the coastal
strand hammock. Money is available to restore this. There is no reason to use this opportunity
51 February 9, 1995
of destruction to go in with a commercial campground. It might be hard to fight a commercial
campground, but. I think you've got a reason here in your RFP, and that is sort of an overblown
value of the land. The value, the appraised value of the land is over $9,000,000. I wonder, is...
What is that based upon? Certainly not on a natural area. There is no natural area worth that
kind of money. So I have to assume that the appraisal was done on the basis of some ferocious
amount of development, and I don't think that's an appropriate kind of appraisal. I think that
what Miami needs is something natural. The City of Miami - not you all, necessarily, but
others - have seen fit to turn all of the City of Miami Parks into commercial use, whether it's for
the City or for the use of others. But there's not very much natural space left in the City. This is
a beautiful oceanfront piece of land, and should be developed into an improved beach, available
to the public, with the backup, you know, utilities and concessions for the use of people who use
the beach. If you have ever been in a large campground where RVs are allowed, the noise is
deafening. People come in, especially in the summer months, they come in with huge air
conditioners, and these things run... You know, 500 slots is an awful lot. It's going to be a very
crowded project. It might bring in a lot of money, but I think that area needs to be redeveloped
into the beach, the public beach that it was, with public facilities, entirely for the public.
Mayor Clark: Thank you, Ms. Brown.
Ms. Brown: Thank you very much.
(APPLAUSE)
Mayor Clark: Thank you. One minute, sir, and then we're going to finish this meeting.
Commissioner Dawkins: Pull the mike up to you, sir. Pull the mike up.
Mayor Clark: Give us your name and address.
Mr. Josh Rosen: My name is Josh Rosen. I live at 7700 Southwest 50th Court.
Mayor Clark: All right.
Mr. Rosen: Good morning. I wanted to talk to you today about leaving a legacy. Each and
every one of us, and over 200 students that we have outside that can't fit in here all want to leave
a legacy behind. You know, there's people... look at the... I just want to use an example. The
lady in McDonald's, you know, I think you've heard of her, sued, who had coffee spilled on her.
What type of legacy is she leaving behind? She's leaving a legacy behind, taking the court
system for everything they had. And I think today, you guys have the privilege of leaving your
own legacy behind.
Vice Mayor Plummer: What was that?
Mr. Rosen: And you have to ask yourself, what type of legacy do you want to leave behind? Do
you want to leave a legacy behind of saving something that people care about? I mean, listen, I
have nothing to do with these kids. I heard about this issue, and I'm here on my own. I mean,
we all care about this. You know, if you have a common goal, you know, anything is possible.
That's what they teach us in school. That's where we learn that government counts. Anything
you want to make possible can happen. I just hope today, very quickly, you leave behind a
legacy that your grandchildren and your children can be proud of if they ever want to go to
Virginia Key.
Mayor Clark: All right.
52 February 9, 1.995
Mr. Rosen: They can stand up and say you did the right thing.
Mayor Clark: Thank you.
Mr. Rosen: Thank you.
(APPLAUSE)
Mayor Clark: The public hearing is now closed.
Ms. Miller: Sir, could I have a half minute, just a half minute? These young people...
Mayor Clark: How could I stop you?
Ms. Miller: These young people are looking on you as mentors, and they are looking for
statespersons among you, too. And they'll be sitting where you sit, eventually. As Friends of
Virginia Key, we're going to ask you, if you will not approve this RFP today, but incorporate all
of the responses that have been sent to you, to which your people concede there are good points,
and defer your approval of that until it is revised, because it is incomplete as stands.
Mayor Clark: All right. Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Clark: What's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: First, I'd like for staff to come back again and express what's in existence
there. And we've been working with the kids. Staff's been there, I visited them and sat down
with them, because I want everybody to understand what the issue is here. I mean, it sounds real
good and all that, but I want it to be... Looks like we're going to destroy an island in this RFP. I
want staff to explain what's in existence right there. Right now, my understanding, Blue
Lagoon, that we want to protect, and I would like to protect and restrict it. There's boats going
in and out of there right now. That's my understanding. OK?
Ms. Johnson: Boats are currently operating from the...
Commissioner Gort: So I'd like for you to, if... Mayor, if I may, because I think that this is a
very important issue, and I want the... particularly the people in the City of Miami to understand.
This is very nice, but one of the commitments that I made is we will try to do the best that we
can with our resources to try to bring the taxes down and bring some other revenues. I think
staff has taken at least 90 percent of the recommendations from the students, and checked with
the different boards that they had to check in order to come up with the plan. But I want you to
show what's in existence in that island. OK? Thank you.
Ms. Johnson: Currently, the island has limited recreational use.
Commissioner Gort: I want somebody to put the map up, and make sure that you show it, where
is the existing parking lot, all the pavement we have, and so on, and what's going to be touched.
Ms. Johnson: The southern end of the park, which is the old County beach site, is periodically
used by the Police Department for some of its training, formerly the survival city. There are' a
53 February 9, 1995
few remaining structures that were built sometime in the '50s. There's an old concession stand,
restroom, and carousel building that are in deplorable condition. The... Again, the southern end
is usually kept locked. It is at least allowed to be used by the public on a permit basis for
picnics, festival activities, parking, for other events. Again, it's used on a permitted basis. There
are some group camping that is done periodically. And all of those uses would be enhanced by
the development of a campground. We've used that parking lot for the Lipton, on occasion, up
to 4,000 cars. So, again, the recreational value at this point is relatively limited. The beach is
open to the public. Since the hurricane, we've had some difficulty in getting it open. It's still
in... The coastal hammocks are severely disturbed, still. We do have grant monies coming from
the State that we're working on which will attempt to restore some of those areas. The money is
currently insufficient to do much of a dent. It will primarily eradicate exotic and pest plant
species. There will be only limited replanting done with that grant money. We are hoping that,
should the campground move forward, there would be substantial planting of native vegetation
done with the assistance of the campground operator. The beach, as I indicated, is open year-
round at the present time. It does not generate sufficient revenue to cover its costs. It has been a
difficult thing to continue to operate. That use, however, as a public beach, would remain. The
northern end is a key site for wind surfers. It is among the best wind surfing sites in North
America. That use would also continue, and it's been indicated in the RFP that we'd like that to
go on. The educational and environmental opportunities are somewhat ad hoc at present, but the
MAST Academy and other local schools have been very helpful in conducting classes and doing
projects out there. All of that would continue, again, under the RFP, and, hopefully, would be
enhanced, because we would provide, through the campground developer, educational facilities,
classrooms, possibly dormitories so that they could spend a week and really do some of those
projects. The lagoon, currently, the western side still has Jimbo's. That's going to remain. That
is not... That is outside of the boundaries of the RFP. We would, as Jack indicated, like to have
the opportunity to place a small dock on the other side for the recreational... for the charter boat
tours, possibly up to five boats.
Commissioner Gort: Thank you. Mr. Mayor, one of the things I'd like to recommend, if
possible, we have a marina, which is right down the street, and I would say that it's about three
or four blocks away. Rather than use the Blue Lagoon, I would like to see us use our own
marina, and not to compete with ourselves.
Mr. Luft: Fine.
Mayor Clark: All right.
Vice Mayor Plummer: If I can, let me ask a couple of questions. You know, I'm one of the guys
that goes over to Jimbo's and buys smoked fish, and I do it quite often, because it's good, it's
very good. My concern is, they are there absolutely free, and I've expressed this to you before,
Mr. Manager. As laws of the country, after so many years, they have squatter's rights.
Mr. Luft: Not on public land.
Vice Mayor Plummer: Now, I would like to see them have some kind, if it's a dollar a year
lease, so that we have some measure of control. In no way would I want them to move. I would
like them to clean up a little bit around there, but that's beside the point. Number two, I want to
make sure that in this area that we're speaking of, where some staff member made a comment
about 15 acres of this was going to be a ball field for Key Biscayne, is not in this RFP, because
my statement there is the same. If they want 15 acres of my Virginia Key, I want 15 acres of
Key Biscayne.
Mr. Luft: That's across the street on the landfill.
54 February 9, 1995
Vice Mayor Plummer: OK. And we'll decide that at a later date. May or may not.
Mr. Luft: That's a later, later date issue, so just discussion.
Vice Mayor Plummer: OK. And I think for the students, they've missed one point, and I want
to reemphasize that it's right. Regardless of what goes in there or does not go in there, the 50-
foot setback coastal zone has to be adhered to and respected. So at all times, regardless, there
will be a 50-foot area between the water and any development that would go in there. That, to
me, is important.
Mr. Luft: Actually, that would go behind the dune line.
Vice Mayor Plummer: Well, I'm just saying that there is that area of no-man's land, if that's
what you want to call it.
Mr. Luft: Yes. Right. Yes.
Mayor Clark: All right. Let me have a motion of some type so we can...
Vice Mayor Plummer: Mr. Mayor, I'll move the thing as presented. As I said before, I would
have preferred it to be just the RV campground, but if the staff wants it the other way and we can
limit it to the RFP procedure to just that at a later time, then I will move it as presented.
Commissioner Gort: Mr. Mayor, in seconding the motion, I'd like to explain to the community,
this is one way to maintain the public facility open, and let the users pay for it, rather than the
City of Miami taxpayer.
Mayor Clark: All right.
Mr. Luft: Commissioner, would you like...
Vice Mayor Plummer: I would recommend... I would recommend, Mr. Luft... Mr. Luft, when
you have your selection committee...
Mr. Luft: Yes, sir.
Vice Mayor Plummer: ... that at least one student designated by them...
Mr. Odio: You can do it now.
Vice Mayor Plummer: ... can sit on that selection committee.
Mr. Odio: In fact, we need to appoint a selection committee now, if you can, if you have...
Vice Mayor Plummer: OK. I would say that... Well, let them go back and vote who they want.
A. Quinn Jones, I1I, Esq. (City Attorney): For all three, you want them to come back.
Vice Mayor Plummer: OK. Huh?
Mr. Jones: All three of these UDPs require...
Vice Mayor Plummer: Have to have a selection committee. Well, they didn't speak on the
others.
55 February 9, 1995
Mr. Jones: Yeah.
Vice Mayor Plummer: But I think that the... I would ask the people of the MAST Academy to
go back among yourselves, select one person. We have a selection committee who recommends
to us, and that you come back with that name to the Manager or Mr. Luft, that we will appoint
one of those members of that committee to this review.
Mayor Clark: All right.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: I'd like to know from staff whether the bid that's going to go out, or
the bids that are going to be coming in, are they going to be all-inclusive of the whole project, or
can they just bid on the campground, the camp site, and some of the other situations separately.
Mr. Luft. Well, actually, the full 155 acres is in the package, and that's a required thing. What
we're trying to do, Commissioner, is to put the burden and the cost, frankly, of some of this
environmental restoration on the shoulders of the developer. There is no way the public - we
have been applying for grants for years - can afford to do the kinds of environmental
enhancements that they want, and that we've proposed in the RFP. By including parts of the
hammock in these other sensitive areas, which are absolutely restricted from the development,
and no RVs can go into these areas, we still can require that that developer do environmental
enhancements. It's actually a mechanism to help pay for some of these things that these people
want.
Commissioner De Yurre: I'm aware of what you're saying. My question is whether they have
to bid on the whole thing...
Mr. Luft: Yes.
Commissioner De Yurre: ... or whether we can just say... Because I'm not too sure which way I
want to go on this thing yet.
Vice Mayor Plummer: No, because I'm going to withdraw my motion if that's correct, Victor.
My understanding... And I don't mean to interrupt you, but if you want to finish, go ahead.
Commissioner De Yurre: But you are interrupting, so go right ahead.
Vice Mayor Plummer: No. My understanding is, as it was with the Watson Island...
Mr. Luft: Yes.
Vice Mayor Plummer: ... that a proposed bidder could come in and just bid on the RV park, or
just on the other area.
Mr. Luft: Right. The only required part is the RV park. Everything else is optional.
Vice Mayor Plummer: Oh. That's what I was trying to get at. OK. That's fine.
Mr. Luft: OK. That's all optional.
56 February 9, 1995
Mayor Clark: All right. Any further...
Commissioner De Yurre: However, we could just say, OK, the RV goes. They may want to say,
"Listen, in order for us to give you this kind of money for the RV, it's because we want
everything else, because that's where we're going to make the money to cover this.
Mr. Luft: Sure. Right.
Mayor Clark: Well, let's hear from them first. We don't know what they're going to say.
Mr. Luft: Those are options.
Commissioner De Yurre: But I just want to have, so that there's an understanding, that we may
want to go with the RV, and not include some of these other things.
Mr. Luft: That's correct.
Mayor Clark: All right.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Dawkins: I'm going to be voting against the motion.
(APPLAUSE)
Commissioner Dawkins: We have just heard from those who will be here when we are gone,
and we have failed to pass them the baton. You see, most of us in leadership capacity do not
know how to run a relay. When you run a relay, you run your lap, and you pass the baton. You
don't continue to run in the relay. With the cost of a hockey game, $38; with the cost of a
football game running $40; and the cost of a baseball game, averaging out to $20, the only place
that people in... with a family will be able to go is to a beach. We've priced them out of family -
related gatherings. And if we take the last open space that we have... And talking about making
money and destroying that for the younger generation, for my grandchildren and whatever, I just
don't feel that we're being fair to the generation that's coming up. We're not leaving anything
for them to build on, so therefore, I'll be voting against the motion.
Mayor Clark: Call the roll, Madam Clerk.
(APPLAUSE)
57 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-83
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP") ON MARCH 7, 1995, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP")
CONSISTING OF THE DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND
AND ANCILLARY RECREATIONAL FACILITIES ON APPROXIMATELY 165
ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT VIRGINIA
KEY BEACH, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT:
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Let me explain my vote one more time. My understanding is, the beaches
are going to be maintained open, people are going to be able to get in there, they will be free of
charge for the people to use the beach at the same time, and we, the taxpayers of the City of
Miami will not pay for the maintenance of it. The people that will use it will pay for it. It's a
user's fee. Yes.
Mayor Clark: This is not a proposal ironclad today. We have another session. You'll all be
back. I vote yes on this item.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Thank you all for coming down
You' 11 be...
Mr. Jones: Mr. Mayor, Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes.
That's the culmination of this item today.
Mr. Jones: A point of clarification. Do you want the selection committees to come back at the
next meeting? Because all three of these that you approved had resolutions which included
selection committees.
Mayor Clark: How soon is the bid due?
58
February 9, 1995
Mr. Luft. May. May.
Mayor Clark: We've got time. We'll get it the second meeting.
Commissioner Dawkins: Mr. Mayor, may I make a suggestion?
Mayor Clark: No. You voted no.
Vice Mayor Plummer: Five?
Mr. Jones: There are actually seven. Four from the public and three from staff.
Commissioner Dawkins: I still have a right... OK, thank you.
Mayor Clark: Go ahead, go ahead.
Commissioner Dawkins: Ha -ha-ha. He's only kidding. But how many men... How many
persons will be on this selection committee?
Vice Mayor Plummer: Seven.
Mr. Jones: On each one, there's four from the public and three from staff, so a total of seven.
Commissioner Dawkins: That's seven. OK. It's no way in the world two young people can
outvote seven - I mean one - so let's put two young people on there instead of one.
Mr. Odio: Each one of you have a choice. Let them put one. Let them choose four.
Vice Mayor Plummer: Well, why don't we do this, if I may recommend.
Mr. Odio: You can choose four.
Vice Mayor Plummer: Make it nine. Is that possible?
Mr. Luft: Sure.
Vice Mayor Plummer: Two from the school, two from staff, and one from each Commissioner.
Mr. Odio: I have no problem with that.
Mayor Clark: Yeah, that's good.
Commissioner Dawkins: That's good.
Vice Mayor Plummer: Because we... That's only for the Virginia Key one. The other two, we
can go with the standard.
Mr. Luft: Yeah, right.
Vice Mayor Plummer: Right.
Commissioner Dawkins: Yeah, only for the Virginia Key.
Vice Mayor Plummer: And then we also have to pick out the CPA (certified public accountant)
firms, right?
59 February 9, 1995
Mr. Luft: Right.
Mr. Odio: Yeah. We can do that all... That was done... We can do that on the meeting of
March, appoint the committee.
Mr. Luft: OK.
Vice Mayor Plummer: Well, there's no use picking a CPA firm if there's no bids.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor, one more thing. By the way, you're allowed to go and try to
get individuals to, if I understand what you're saying, that are promoters, and they can come up
and bid for it, too, and they can put a proposal together.
Mr. Wendschuh: Do you think it would be possible for us to ask that what we turn in to you, that
document, in maybe some revised form could be sent along with the RFP to developers?
Mayor Clark: No. The RFP is going to go out. And after it comes back, if we want to change
our mind, that's when we'll change our minds.
Mr. Wendschuh: Is there a possibility for a notation that additional recommendations are
available on request to be accompanying the RFP?
Mayor Clark: I don't see how. We've taken action right now. OK. Thank you all. That is the
end of this item today.
Unidentified Speaker: Thank you, sir. Thank you, Mr. Mayor.
Mayor Clark: Thank you for coming down. You may not love us tonight, but, please, don't
hate us.
Vice Mayor Plummer: Mr. Mayor, may I inquire?
Mayor Clark: Yes, you may.
Vice Mayor Plummer: I am being told that we do, in fact, have the CPA firms included. How
were they chosen? How were the CPA... Because I'm hearing now that at least two out of the...
Huh? All three of these proposals, that the same firm has been selected by virtue of our vote.
Mayor Clark: We will change that right quick.
Vice Mayor Plummer: Well, I want to tell you, we're going to change that right quick.
Mr. Luft: OK. Fine.
Vice Mayor Plummer: Now, I would...
Mayor Clark: Change all three of them.
Vice Mayor Plummer: I would say that we would want to have one for each project. More so, I
would like to know how that came about, without this Commission making that decision, Mr.
Manager.
60 February 9, 1995
Mr. Odio: We went out on bids on this.
Mr. Luft: It was competitive.
Mr. Odio: Competitive bidding.
Mayor Clark: You don't bid on something like that.
Mr. Luft: Well, with the draft RFP, they look at it, and they give us a proposal.
Vice Mayor Plummer: Well, I don't have any... I don't have any problem with that.
Commissioner Dawkins: How did you know the RFP was going to pass to go out to get the... get
the... Oh, you knew you had the three votes, so therefore, you just went out and got the people,
huh? OK.
Mr. Luft: We're required to do that.
Vice Mayor Plummer: I'll make a motion at this time that this Commission will discuss and
make a decision on who the CPAs are at the next Commission meeting. I so move.
Mayor Clark: All right. Very good.
Mr. Luft: Fine. We'll bring you the complete list of proposals.
----------------------------------------------------------- --------------- --------------------------------------
16. DIRECT THAT A SPECIAL NEIGHBORHOOD ELECTION BE HELD IN
THE CORAL GATE AREA COMPRISED WITHIN PERIMETER OF
DOUGLAS ROAD (S.W. 37 AVENUE), S.W. 16 STREET, S.W. 32 AVENUE
AND CORAL WAY IN CONNECTION WITH CONSTRUCTION OF
PERMANENT BARRICADES IN THE EXACT SITES WHERE TEMPORARY
BARRICADES PRESENTLY STAND -- DIRECT CITY CLERK TO FULLY
ORGANIZE AND SUPERVISE HOLDING OF SAID NEIGHBORHOOD
ELECTION -- DIRECT ADMINISTRATION TO BRING BACK THIS ISSUE
AS PART OF THE MARCH 9TH AGENDA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 15. Fourteen, we're going to pass over for a while. Let's... Item
number 15. If you're not here on 15, you're in the wrong room.
Vice Mayor Plummer: Got all kinds of people here. Mr. Mayor, while they're setting up, I think
that we should remember the wisdom of Claude Pepper. And Claude Pepper, when he was
asked what he thought about a given subject, said that, "Some of my friends think this way, and
some of my friends think this way, and I want to tell you, I am always with my friends."
Mayor Clark: Yes, that's so true.
Mayor Clark: All right. Let's proceed. What about this? Did you handle this, Wally?
Mr. Wally Lee: Yes, sir.
61 February 9, 1995
Mayor Clark: All right, sir.
Vice Mayor Plummer: Mr. Mayor, I want to make an announcement, if I may, and I'll make it
brief, before he proceeds.
Mayor Clark: All right.
Vice Mayor Plummer: And it's an announcement I've made at every one of these areas in
reference to barricades. I'm assuming.... Hello? Hello?
Mayor Clark: Hey, folks, we got a meeting here. If you got one, take it outside.
Vice Mayor Plummer: Mr. Mayor, personally, I have a problem with barricades, but at all times,
when a vote has been taken of the people, I am here to represent the will of the people.
Mayor Clark: Yes.
Vice Mayor Plummer: And I am assuming, Mr. Lee, that a vote was, like all others, has been
taken of the residents involved.
Mr. Lee: Yes, sir.
Vice Mayor Plummer: And you will be announcing that vote, and as far as I'm concerned, I
have governed myself on every one, and in some areas that I thought that people were crazy for
doing it, but they wanted it, and we've done it. So I'm saying, before I get the recognition of the
vote, I would like to say that on the record. Thank you, Mr. Mayor.
Mayor Clark: Thank you.
Mr. Lee: Mr. Mayor and Commissioners, I'll start...
(APPLAUSE)
Mr. Lee: I'll start right off with the vote. We sent ballots to every property owner in the Coral
Gate area, which is, on the north, 16th Street, and on the west, 32nd Avenue... 37th Avenue, on
the east, 32nd Avenue, and on the south, Coral Way.
Vice Mayor Plummer: May I ask you, please, to read into the record the terminology used in the
vote? I'm assuming it was a brief...
Mr. Lee: Commissioner, it was a very...
Vice Mayor Plummer: No, no, the terminology...
Mayor Clark: Well, let's hear what the question was.
Vice Mayor Plummer: What was the question proffered to the vote?
Mr. Lee: Those in favor of Plan A.
Vice Mayor Plummer: Very simply?
Mr. Lee: Yes, sir.
62 February 9, 1995
Vice Mayor Plummer: OK.
Mr. Lee: Yes or no.
Vice Mayor Plummer: OK. And everyone then had the opportunity to understand what Plan A
was?
Mr. Lee: Yes, sir.
Vice Mayor Plummer: Thank you, sir.
Mr. Lee: The vote in favor of maintaining the barricades as presented in Plan A were 245 for,
161 against, and 174 residents did not respond. If you'll notice on the board here, this is a
breakdown of the vote. The green is for the barricades. The orange is against the barricades.
Those not colored were no... No votes were received.
Vice Mayor Plummer: Let me ask you a question, and this is not for the general, but one person
who came to see me - and I don't know who it was, and it's immaterial, the name - told me that a
barricade was placed in such a manner that her house was on one side of the barricade, and her
garage was on the other side of the barricade. Is that a true statement?
Ms. Amy Sangines: Yes, it is.
Vice Mayor Plummer: Well, excuse me. I didn't ask you. I don't pay you big money. I pay
him big money.
Mr. Lee: Commissioner, that never... I never received that complaint.
Vice Mayor Plummer: Well, I asked that person, if it was this lady or whoever, to please get in
touch with you, because I thought that was the most ridiculous thing I'd ever heard of, having...
Excuse me?
Mr. Cesar Odio (City Manager): That happened before in the northeast. These barricades are
not perfected.
Vice Mayor Plummer: Yeah, but, Mr. Manager...
Mr. Odio: She should have notified us immediately.
Vice Mayor Plummer: Mr. Manager, you can put it around her garage. I mean, you know, this
is ridiculous.
Mr. Odio: I understand, Commissioner. She should have notified us immediately so we could
have corrected it.
Vice Mayor Plummer: All right. If the barricades stay, would you please give me the comfort of
knowing that this woman can get to her garage?
Mr. Lee: Sure. I certainly will address that.
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. Usually, we have the proponents of leaving the barricades first, and the
opponents...
63 February 9, 1995
Mr. Odio: Mr. Mayor, excuse me, sir.
Mayor Clark: Who's the proponents... Who is the leader of the group of leaving them there?
Mr. Odio: May I propose something, sir? What disturbs me is that 174 people that had the
opportunity to vote one way or the other did not. Just a minute please. And I'd like to propose -
we did this in Wynwood - that we have an official election on this, and let the majority rule.
Vice Mayor Plummer: Oh, I'm sorry. I thought there had been an official election.
Mr. Odio: Well, there's 170... It was sent to their homes, but 174 people did not respond.
And...
Vice Mayor Plummer: Silence gives consent.
Mr. Odio: Well, I'm assuming that they did not know the importance...
Mayor Clark: Please, now, wait a minute. If you get out of order, you're leaving the room. You
understand?
Mr. Odio: I'm trying to find a solution to this. It's that I am assuming that people did not know
the importance... Excuse me. You want to talk for me? You want to talk for me? OK. I am
assuming that some people did not understand the importance of responding to this question, and
maybe the solution is to have another ballot, and have a vote, because if not, I would recommend
that we go with the majority rule, which is that they want Plan A.
Mayor Clark: Well, let me say this. If 174 people fail to respond, that doesn't mean you're
going to get them the next time. But at least... Who... You did this by mail?
Mr. Lee: Yes, sir. Right directly from the tax roll.
Mayor Clark: What I would do is just - this is not speaking for or against - have it right out there
in the field. Get you a machine out there and let them vote.
Mr. Odio: Exactly, sir. And if they don't vote then, and the majority should rule, and if they do
not want this new ballot, then I would recommend that we go with Plan A, because it's what the
majority that responded wanted.
Mayor Clark: To the letters. All right.
Vice Mayor Plummer: What I don't understand is, if they didn't care enough at the time to do it
when they were sent something...
Mayor Clark: Well, he said... Wait a minute, J.L. He did say that maybe they didn't think it
was that much importance to this.
Vice Mayor Plummer: What has changed that would make it more important, Mr. Mayor?
Mr. Odio: We are going to tell them...
Mayor Clark: That you get out there and run up and down the street and tell them, "Hail, hail,
the gang's all here!"
64 February 9, 1995
Vice Mayor Plummer: Not me.
Commissioner De Yurre: Well, you know, Mr. Mayor, when we discussed this situation... All
these people are here today. When we run for office, we get elected with 25 percent of the vote
coming out to vote. You know, there's 75 percent that stays home. What are we going to do?
Run again another election?
Vice Mayor Plummer: No, speak for yourself. I get 81 percent.
Commissioner De Yurre: No, no, 25 turn out to vote.
(APPLAUSE)
Mr. Odio: Commissioner, the reason I said that is, I believe that we sent ballots to homes, we
get a lot of trash mail, that they could have assumed... I'm giving the benefit of the doubt.
(AUDIENCE SHOUTING "NO")
Mayor Clark: Will you let the Manager speak first?
Mr. Odio: If not, if they don't think that they should have another ballot, I recommend in favor
of Plan A. If people think that 174 people... house... homeowners did not respond, to give them
the opportunity one more time, and then all of them agree that the majority will rule.
Mayor Clark: What is the total amount of homeowners in the... 400?
Mr. Lee: What was the total?
Vice Mayor Plummer: Is there a Plan B? There was just A Plan?
Mr. Lee: Five hundred and eighty, Commissioner... Mayor.
Mayor Clark: OK, 580.
Commissioner Gort: Mr. Mayor, once again, we... you and I inherited this. When we walked in,
this was in existence. I'd like for staff to explain how long this has been taking place, and
what's the procedure that has been done.
Mr. Jim Kay: Mr. Commissioner, back in July of 1993, that was almost a year and a half ago,
over a year and a half ago, this City Commission approved the installation of temporary
barricades. It was not until...
Commissioner Gort: OK. My understanding is that request came from way before.
Mr. Kay: Pardon?
Commissioner Gort: The request and study has been done from before 1993.
Mr. Kay: There was a request in before 1993.
Commissioner Gort: Can we go back into...
Mr. Kay: It did not get to this Commission until July of '93. At that time, there was no funding
mechanism to fund the cost of the barricades, and it was later on that Mayor Suarez had come up
65 February 9, 1995
with some funding for the temporary barricades. But I would like to say that during the interim,
between 1993 of... July '93, and between the time they were installed, which was about almost a
year later, we were in contact with Metropolitan Dade County on the erection of the barricades.
They flatly said that we could not and were prohibited from erecting any temporary barricades
until such time as a traffic study was completed. So we had to go back to the Commission and
request for a traffic study. The traffic study was done by the firm of David Plummer and
Associates. That fee was close to $15,000.
Vice Mayor Plummer: No relation.
Mr. Kay: No relation, no, sir. The study basically said, yes, go ahead and try the plan out and,
you know, see what happens. So we tried the plan out with all the barricades that you see in
front of you here on this map. They're shown in pink. And this plan has been in effect since
July of last year. We did try it out at the request of the homeowners' association. We tried this
out in phases. We had a phase one, whereby we had all the barricades you see, with the
exception of the one at Coral Gate Drive and 16th Street, and the one at Southwest 18th Street
and 32nd Avenue. Then about a month later, we went to phase two, which closed off those two
streets. And those barricades have been there since... since about August, I presume, I think it is,
of '94. We did take a vote count. You see the numbers in your package. We also had to solicit
the recommendations of this plan from Police and Fire Departments, and Solid Waste, and we
also had discussions with Metropolitan Dade County, who is really the final authority on the
implementation of this plan in its final form. The Police Department has recommended against
the plan. They recommend against any barricades being installed.
Vice Mayor Plummer: In any place.
Mr. Kay: That's correct. The Fire Department, I can defer to them, but basically, their last
memorandum states that they would like to see the openings at 16th Street and Coral Gate Drive
remain open, and those barricades be taken down, and also, a barricade at 18th Street and 32nd
Avenue.
Commissioner Gort: 16th Street and 32nd?
Mr. Kay: Southwest 16th Street and Coral Gate Drive. They would like that intersection to
remain open, no barricades. The other intersection that they would like to remain open is
Southwest 32nd Avenue at 18th Street. They would like to have access from all four sides of
that square corner section that you see right here.
Vice Mayor Plummer: Let... May I ask... I'm sorry, Willy. When the Fire Department made
that recommendation, did they, then, at the same time, go in and possibly recommend that other
internal barricades... Look, barricades should make it inconvenient for people who don't live
there not to use it. OK? That's what the whole name of the game is. Second of all, because
Dade County - and I got to call my good friends on the carpet - refused to acknowledge the
necessity of main arterials. That's the reason for barricades. Now, when... You know what I'm
talking about when I say the Oregon Plan. Did they go in and recommend some other internal
barricades when they removed these, to, again, make it inconvenient for people who don't live
there to travel through and go some other place? My story is the same. I received a call from a
friend of mine who lives in the Roads. He gave me holy... Jumped up and jumped down for
putting the barricades. And I said, well, why are you concerned about the barricades in Coral
Gate when you live in the Roads section? He said, every day that I go to the University of
Miami, I go right through there. Now, that's the reason, that's the very reason that I think that he
should... And I told him so. He might not be my friend today, but I said, you had no right going
through that residential section. You should have stayed on main arterials. OK?
66 February 9, 1995
(APPLAUSE)
Vice Mayor Plummer: Excuse me. My question is very simple. Excuse me, ma'am. My
question is simple. Did the Fire Department or the Police Department give any other
recommendations, if we were to remove those? As I asked before, was there a Plan B, and I'm
told there is none.
Mr. Kay: The Fire Department internally did not recommend any streets. They did, in their
letter to us, have a sort of priority... well, a plan in order of priority. If you'd excuse me just a
minute, I think one of them refers to having those two openings at 16th Street and Coral Gate
Drive, and 32nd Avenue and 18th Street remain open, but they could be made as one way, either
out or in.
Vice Mayor Plummer: OK. Well, that's what they did on Alatka. OK?
Mr. Kay: That's correct.
Vice Mayor Plummer: Now, but my question is... And let me just use them for example. Coral
Gate, the main arterial through that neighborhood, did they, in any way, place a barricade
anywhere else in there so that people coming in from that would have to go around, and through,
and over, and up and down, so that, in fact, they could not traverse through there conveniently?
I'm asking, did they do it or not? That's all I'm asking.
Mr. Odio: Let me tell you...
Mr. Kay: There is a barricade at Southwest 20th Street and Coral Gate Drive.
Vice Mayor Plummer: That's for Sears. That's primarily for Sears.
Mr. Kay: It closes off the north/south run between 16th Street and Coral Way.
Vice Mayor Plummer: All right. The answer, I assume, is that, no, the Fire Department did not
recommend any further internal stumbling blocks, barricades, call them what you may, to try to
keep out nonresidence traffic.
Mr. Kay: That's correct.
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. What have we accomplished, anything, Willy?
Ms. Aurora Ares: Not a darn thing from our side.
Commissioner De Yurre: Mr. Mayor, what I would like to know is, you know, what are the
differences now without the barricades, as opposed to with the barricades? What's the, you
know, the crime reduction, if any? What is the traffic reduction, if any? And would the Fire
Department have a... what time differential they have in servicing? Police calls, what's the
differential in time in servicing? You know, those are the things that I need to know.
Ms. Ares: Commissioner De Yurre, we have an analysis of all those points, if you would like to
hear the residents.
Mr. Kay: Commissioner.
67 February 9, 1995
Commissioner De Yurre: Well, I'm asking our Department.
Mr. Kay: Commissioner, I would have to let staff come up from the Fire Department. They
have done some analyses in that regard, and they would be better...
Commissioner De Yurre: No, but you... Aren't you making the presentation on behalf of the
Administration?
Mr. Kay: Yes, sir, but I...
Commissioner De Yurre: OK. Then you should have all the facts at hand, if you're making the
presentation. Don't delegate it, now. I want to know from you, who are making the
presentation, what the numbers are, so I can make an intelligent decision, one way or another.
Ms. Ares: We have some of the facts, if the Commissioners would like to hear them.
Vice Mayor Plummer: We will, hopefully.
Mayor Clark: We will up to twelve o'clock.
Mr. Odio: I'll put the crime statistics in place. 1994 crime. Before closures, robbery, two per
month; after closure, one per month. Aggravated assault, three per month before closure; two
per month after closure. Burglary, four before; one after. Larceny, 30 before; 14 after. Vehicle
theft, eight before; three after.
Commissioner De Yurre: That's per month?
Mr. Odio: Per month.
(APPLAUSE)
Mayor. Clark: What have you got there, Jim?
Commissioner De Yurre: What about the traffic situation?
Mr. Kay: The traffic situation. Obviously, within the neighborhood, itself, the traffic has
reduced considerably. Within the... Actually, within the neighborhood, the fact is, we didn't
feel like there was any traffic studies necessary. The follow-up traffic study, that is one item that
has not been completed. We have some information and some counts. We don't want to make a
recommendation on those or actually present those to you at this time until those are completed.
That was... That, again, will have to be funded.
Commissioner De Yurre: Well, are you telling me that you are not prepared to make a
presentation here today?
Mr. Kay: On the traffic study, follow-up traffic study, we do not have information on that at this
time.
Vice Mayor Plummer: Do I understand "follow-up" means after the barricades went in?
Mr. Kay: Yes, sir.
Vice Mayor Plummer: You have a study done prior to?
68 February 9, 1995
Mr. Kay: Yes, sir, we have that study.
Vice Mayor Plummer: Thank you.
Commissioner De Yurre: What else do you have that you don't have?
Mr. Odio: Before the barricades, you had 11,000 cars going through there, vehicles.
Mayor Clark: "What else do you have that you don't have?" Jesus.
Vice Mayor Plummer: Huh?
Mayor Clark: He said, "What else do you have that you don't have?" Thank you, Victor. Very
wise move.
Commissioner De Yurre: I figured that much.
Commissioner Gort: Is there an estimate of before the barricades?
Mr. Odio: Eleven thousand going through, 1.1,000 before.
Commissioner De Yurre: Before. But we don't know how many we have now.
Mr. Odio: Per day.
Commissioner De Yurre: No, no. We don't know how many we have now.
Mr. Odio: That's what... He just told you that we don't have that..
Mr. Kay: We have... Within the neighborhood itself, you know, you have like about 6,000 cars
a day that generate, just because of the, you know, residents that live there, you generate
approximately 6,000 cars a day, vehicle trips a day, in the neighborhood.
Commissioner De Yurre: And don't you think it's a significant fact that we should know what
the reduction is? I mean, like, isn't that one of the main purposes of having the barricades?
Mr. Kay: The thing that we have been instructed to do by Metropolitan Dade County is to
provide information on the level of service of the major roadways surrounding the Coral Gate
neighborhood, not within the neighborhood itself. And, of course, that is what we're trying to
find out now. That's going to be an additional expense for us to go, have to go back, now, to a
consulting firm and get that information.
Commissioner De Yurre: Because the study is done being done, period.
Mr. Kay: And that is of right now.
Vice Mayor Plummer: Well, you're saying that that's a requirement of Dade County; is that
correct?
Mr. Kay: Yes, sir.
Vice Mayor Plummer: I mean, it doesn't take a brain surgeon to know that you've cut the traffic
in there by at least 50 percent. Now, my neighborhood chose to do it, over my objection, and I
want to tell you, it's more inconvenient for me to get home than it was before, but let me tell
69 February 9, 1995
you, I can tell you, the traffic in my neighborhood has been reduced by at least 80 percent.
Eighty.
(APPLAUSE)
Mr. Kay: I'd like to just point out for the record that we, the City, did not receive instructions on
how to proceed with the follow-up study or traffic counts until January 27th of this year. We
received a letter from Dade County to that effect, so I want to put that in the record. We have
not had time to do a follow-up study.
Commissioner De Yurre: OK. Can we hear, Mr. Mayor, from the Fire Department, as far as
time response?
Mayor Clark: Absolutely. Mr.... Chief, what do you say?
Chief Carlos Gimenez: OK. We ran some response time studies in there, and it seems to be that
on some of the addresses in Coral Gate, the response time will increase about two minutes. Two
minutes. In other words, what it would normally have taken us to get there, it would take an
additional two minutes because of the barricades.
Commissioner De Yurre: OK. Let me ask you this. Is that with the fire fighters knowing what
the entrances are into the neighborhood, or is it like they didn't know exactly, and they had to
start fishing for it? I mean are they well versed in...
Chief Gimenez: No, they knew where it was that they had to go to get around, and in some
instances, it would take up to two minutes additional time to get around the barricades.
Mr.Odio: Commissioner...
Commissioner De Yurre: OK. How many responses do you have per month?
(APPLAUSE)
Chief Gimenez: I don't have that information with me. I could get that for you, though.
Commissioner De Yurre: I think it would be important to know the volume of responses that
you have to... that take place in the area there.
Chief Gimenez: Well, it's a matter of... I mean, you... This is just... You know, I'm not
saying... We have our position. I mean, we'd rather, if there are barricades, we need barricades
that we can, as fire fighters, go over, and not have obstructions. There is a level of risk. When
you increase the response time, you increase your risk. And our average response time in the
area, without the barricades, probably would be somewhere around four to four and a half
minutes. Now, with barricades, they're going to increase. You have to determine if that's the
risk level that you want, or they do, anyway.
Mayor Clark: It has increased by two minutes.
Chief Gimenez: In some areas of... In some areas, it increases by two minutes. In other areas,
it's a lot less, depending on where the house is, and also in relation of where that unit is coming
from.
Commissioner Gort: Mr. Mayor, I'd like to ask the Chief a question.
70 February 9, 1995
Commissioner De Yurre: OK. Thank you.
Commissioner Gort: Your suggestion of opening those other two, would that help?
Chief Gimenez: Yes, because then what it does, it gives us access on all four sides. So wherever
the units are coming from, they would have at least one access point. There's another suggestion
which says, instead of opening that up for two-way traffic that you put one-way signs up there so
that we can buck that one-way traffic. It's not a big deal for us, and we'd still have the access.
And the other thing, the final one is to have barricades, but have barricades that we have access
or we can get over. Some of the barricades that have been put up in different neighborhoods,
you got planters, and they have trees and everything, and eventually become true barricades that
we can't get over.
Ms. Ares: That's right.
Chief Gimenez: We need to have some, if there is some kind of a barricade plan, something that
we either drive over and have access. If not, the risk will increase.
Vice Mayor Plummer: Mr. Manager, what happened on that? We... When we passed, I
remember, the first barricades, that they were supposed to be that we could traverse over the
barricades.
Mr. Odio: Yeah. Morningside, you can drive over.
Vice Mayor Plummer: Well, let me tell you, there's some on Aviation that have got coconut
trees in them, and in... No, he makes a very fine point.
Mr. Odio: That's true.
Vice Mayor Plummer: When we initially put in barricades, they could be driven over by the fire
trucks, and be driven over by a police car. And I'll tell you, some of them around that I've seen,
you better get an awful big fire truck to get through it.
Chief Gimenez: Well, we've seen that as a problem that we have, and we need to have
something which guarantees the fact that people won't plant coconut trees and put big planters in
there. We need something very simple that we can just drive over that the normal person would
not drive over.
Vice Mayor Plummer: Well, I think in the future, if we do any more barricades, that we've got
to make that a provision, that if they're not done that way, that they will be immediately
removed.
Mayor Clark: Hey, it's a good idea. What are you going to do with this one? That's the only
thing to do now, J.L., send it back to an election and let them come out and drop it right there.
(INAUDIBLE COMMENTS NOT ENTERED IN THE PUBLIC RECORD)
Mayor Clark: Yeah, but it'll stop it.
Mr. Kay: Commissioner, as I... I'd like to make one other point, if I could, on the permanent
barricades that have been recommended by staff, the location of those and cost of those, those
have been estimated to cost $3500 apiece. The five that we had recommended, that would be
$17,500. Whatever you decide here today, as we have done in the past, we have... These
barricades have always been constructed and funded through voluntary donations, in the
neighborhood, and that's the way the resolution reads at this time.
71 February 9, 1995
Mayor Clark: Listen, let's settle it like this. I wasn't here when this all became a reality, and
Willy wasn't here. We're kind of at a disadvantage of this, and I never voted for a barricade in
my life, to start with. But in fairness to both sides...
(APPLAUSE)
Mayor Clark: Please. Please. In fairness to both sides, let the City run an election out there, and
let the chips fall where they may. Do you agree with that?
(AUDIENCE SHOUTING)
Ms. Ares: We have some problems.
Mayor Clark: Wait a minute. Wait a minute, now. I asked a question.
(AUDIENCE SHOUTING)
Mayor Clark: What's that?
Ms. Ares: We have some issues that we'd like to raise, and maybe after hearing our side, the
Commission might decide that this is just a bad idea, and doesn't want to spend any more money
on it.
Mayor Clark: Well, I don't know what they're going to do, but you know how I feel.
Ms. Ares: Yes, Mr. Mayor. And, in fact...
Mayor Clark: We're going to break at twelve o'clock. If you want to get back...
Ms. Ares: Yes. With regards to the voting, that was only, also, sent out to property owners, and
not to residents, and I think residents, as well as property owners, are affected by patterns in
traffic, by violations of property rights, by violations of their right to access the streets.
Mayor Clark: Well, then, you say a new election may prove a different point.
Ms. Ares: Well, we believe that the erection of barricades by this Commission is in violation of
the law, these plans are in violation of the law, and we...
Mayor Clark: They may be. I didn't have nothing to do with that. I told you that earlier.
Ms. Ares: Right.
Mayor Clark: Neither did Willy Gort.
Ms. Ares: No, we understand that. We understand that.
Mr. Odio: Ma'am, ma'am, ma'am...
A. Quinn Jones, III, Esq. (City Attorney): You need to state your name for the record. You
didn't state your name or address, for the record.
Ms. Ares: Yes. My name is Aurora Ares, and I live... I practice law at 21 Southeast 1st
Avenue.
72 February 9, 1995
Mayor Clark: Where do you live?
Ms. Ares: 1450 South Bayshore Drive, in the City of Miami.
Mayor Clark: Oh, you don't live in Coral Gate.
(APPLAUSE)
Ms. Ares: Let me... Let me just point out...
Mayor Clark: Just a moment, now.
Ms. Ares: Yes.
Mayor Clark: We asked this lady a question, that's all.
Ms. Ares: Yes. We...
Mayor Clark: Please.
Vice Mayor Plummer: Is she a lawyer? Is she a lawyer?
Ms. Ares. I have been asked by these... over 400 residents of the Coral Gate area who oppose -
the barricades to analyze the barricades, the legal implications of them, to analyze...
Vice Mayor Plummer: Time out, ma'am. Are you a lawyer?
Ms. Ares: Yes, I am.
Vice Mayor Plummer: Are you appearing here for a fee?
Ms. Ares: Yes, I am.
Vice Mayor Plummer: Have you registered as a lobbyist?
Ms. Ares: Yes, I have, sir.
Vice Mayor Plummer: Thank you. Time in.
Ms. Ares: Thank you.
(APPLAUSE)
Ms. Ares: I have been asked to, because it is sometimes difficult for 400 people who are,
perhaps don't speak English the way they would like, or who don't understand the legal
implications, for 400 people to come up here and give their views. They felt that it was, perhaps,
more beneficial to the Commission and to the public, and to their neighbors to have me come
here and analyze the situation with you, and to relate to you some of the problems that these
barricades have caused them.
Commissioner Gort: Excuse me. Let me ask you a question. Did you say that you represent
400 property owners inside of Coral Gate?
73 February 9, 1995
Ms. Ares: Yes, yes, 400 residents inside the Coral Gate area.
(NAYS)
Commissioner Gort: Excuse me, excuse me.
Ms. Ares: They... In the area bounded on the south side by Coral Way, on the north side by
Southwest 16th Street, on the west by Douglas, and on the east by 32nd Avenue.
(NAYS)
Mayor Clark: Please. This is getting out of hand. Now, I'm telling you folks, I'm going to
cancel this in a minute.
Commissioner Dawkins: One question, first. When you say "residents," are you saying
households, or are you saying the number of people in a household?
Ms. Ares: The number of people in the neighborhood.
Commissioner Dawkins: No, no, no. No, no, no. Now, wait, now. You said at the beginning
that the notices were mailed out, and to... only to household owners, to owners.
Ms. Ares: Yes.
Commissioner Dawkins: That's what you said, right?
Ms. Ares: Yes.
Commissioner Dawkins: So therefore, who are you speaking for now? The owners of houses,
or are you speaking...
Ms. Ares: Some of them are... Some of them are, and some of them are not the owners, but who
live in the area, and they all oppose the barricades, and they number 400 people.
Commissioner Dawkins: So if we go back out to vote, which we may do, then we have to find
out, as a person comes up to the poll, how many residents are in your house.
Ms. Ares: Exactly, that is correct.
Commissioner Dawkins: And let each resident in that house vote.
Ms. Ares: Exactly, exactly. Each resident is affected by the barricades.
Vice Mayor Plummer: Ma'am, for the record, may I ask who you were retained by?
Ms. Ares: By the citizens, Neighbors Against Barricaded Enclaves. It's a civic group.
Vice Mayor Plummer: OK. You were not retained and being paid for by one commercial
venture.
Ms. Ares: No.
Vice Mayor Plummer: Thank you.
74 February 9, 1995
Ms. Ares: We've done everything lawfully, Commissioner Plummer. Despite your efforts to
find something to the contrary.
Vice Mayor Plummer: Hey, the questions are coming up, and here again, I just asked the City
Attorney whether or not I have to recuse myself from voting, where one of my competitors has
objected to this, and if I vote one way, I guess I could... But he said I have no conflict of
interest, but I'll put it on the record at the time of the vote.
Mayor Clark: Thank God.
Ms. Algeria Navas Velez: Mayor, I'm not an attorney. Could I address the Commissioners?
Mayor Clark: Please, let's hear from this lady. We got nine minutes and then we're going to
eat.
Ms. Velez: Could I?
Mayor Clark: Go ahead. Give us your name and address.
Ms. Velez: Yes. My name is Aleeria Navas Velez, 2001 Southwest Coral Gate Drive. I know
that the barricades temporarily have been set up. We are against it. The majority that you see
here, that couldn't get in, are senior citizens or substantially above your age level. They've not
in favor. Have you looked at what those temporary barricades have done? I'm on 20th and
Coral Gate Drive. Nobody stops at those stop signs. You have bus children, you know, school
bus children that get off that could be run down. I have neighbors that this... He is blind across
the street, and he went the wrong way. He could have been knocked down by the cars that do
not stop at those stop signs. The cars are backed up on Coral Way in heavy traffic time. There
is no way with access to get into a church that's on 60th Street.
(SHOUTING)
Ms. Velez: You have... It holds back.
Mayor Clark: Please. I go to that church once in a while. I'm not... My regular parish is Saint
Peter and Paul, but I know how to get there.
Ms. Velez: OK. But once in a while. But anyway, you should look at the negative effect that
these temporary barricades have done, and what they're doing that is not favorable to those in
the area who are residents or who reside there for ownership of the properties. Look into those
negative effects before you give the reasons that the Fire Department can run two hours late for
a... I'm sorry, two minutes late.
Commissioner Gort: Excuse me. Mr. Mayor, Mr. Mayor.
Mayor Clark: Please, please.
Ms. Velez: And you can have a senior citizen go.
Commissioner Gort: Mr. Mayor.
Ms. Velez: They're two minutes late.
Mayor Clark: Thank you.
75 February 9, 1995
Ms. Velez: Thank you.
Commissioner Gort: I'd like to suggest... There's two things that worry me.
(APPLAUSE)
Commissioner Gort: There's two things that worry me, which is the Fire Department request.
I'd like to see this go back and take into consideration the Fire Department request where they
can come in and have the one way going out, which that would allow a lot of the objection that
we have today taken care of.
Unidentified Speaker: No, it won't.
Mayor Clark: No, it won't. You're sure?
Unidentified Speaker: I'm positive. It's just redirecting traffic flow...
Mayor Clark: Thank you, sir. Thank you.
Commissioner Gort: Wait a minute. Am I conducting the meeting or...
Mr. Gerardo Vazquez: Mr. Mayor, Commissioners, we... Excuse me. We would like an
opportunity.
Mayor Clark: Who are you with?
Mr. Vazquez: I'm with Coral Gate. I rep...
Mayor Clark: Wait just a... Willy, Willy, come back here.
Vice Mayor Plummer: He's on the "for" side. They're the "against" side.
Mayor Clark: Go ahead.
Ms. Ares: The problem is that there was an advertised public hearing, and we're trying to have
our say, and for some reason, something is getting sidetracked here. And we'd like to have the
opportunity to convey to the Commission the problems that these barricades are causing.
Unidentified Speaker: We haven't even spoken.
Mr. Vazquez: I believe the protocol is...
(APPLAUSE)
Mayor Clark: Please, now, you've spoken already. You've spoken.
Mr. Vazquez: The protocol is that we are supposed to begin our presentation, and that hasn't
seemed to happen. My name is...
Mayor Clark: We establish protocol here. All right?
Mr. Vazquez: Sorry, sir.
Mayor Clark: OK. You follow the Department. There's only been one lady, two ladies to speak
here. You're not out of line, so don't get your feathers all ruffled up.
76 February 9, 1995
Mr. Vazquez: OK. Thank you. My name is Gerardo Vazquez, and I represent Coral Gate
Homeowners' Association. My offices are at 601 Brickell Key Drive, Suite 805, Miami, Florida.
Mayor Clark: Do you live in Coral Gate?
Mr. Vazquez: No, I do not.
Mayor Clark: OK.
(SHOUTING)
Mayor Clark: Please. I just asked a question.
Mr. Vazquez: OK.
Ms. Ares: Commissioner, aren't you going to ask him if he's registered as a lobbyist?
Vice Mayor Plummer: Very definitely. Excuse me, are you registered as a lobbyist?
Mr. Vazquez: I am not.
Vice Mayor Plummer: Sir, you can't speak.
Mr. Vazquez: And I do not have to be...
Vice Mayor Plummer: Excuse me. Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: According to our rules and regulations, the gentleman has to regis...
simply signing your name to a piece of paper and acknowledging that you're being paid a fee,
sir.
Mr. Vazquez: OK. I am not being paid a fee. I am doing this pro bona.
Vice Mayor Plummer: You're pro Bono?
Mr. Vazquez: Yes, sir.
Vice Mayor Plummer: You don't have to register, sir.
Mr. Vazquez: OK.
(APPLAUSE)
Vice Mayor Plummer: The IRS (Internal Revenue Service) will not be looking down your
throat.
Mr. Vazquez: Good. Coral Gate is a multi -cultural, residential community of 463 homes. I
would like to take this opportunity, please, and reserve a rebuttal after the opposition has made
their presentation.
Mayor Clark: I'm about to make a motion right now to save all this rebuttal and everything else,
because we're not going to get anywhere here, today. I move at this time that... Mr. Vice
77 February 9, 1995
Mayor, you have the chair. I move at this time that the City conduct a thorough election
representation, either yes or no, in that area, for the barricades, and let's come to a decision. I've
never had this opportunity before. I'm taking it right now.
Vice Mayor Plummer: There is a motion on the floor. Is there a second?
Commissioner Gort: Second.
Vice Mayor Plummer: There is a second on the floor.
Mr. Bob Valledor: Mr. Vice Mayor... I'm sorry.
Vice Mayor Plummer: Is the motion understood? Under discussion.
Mr. Odio: I'd like a clarification, please.
Vice Mayor Plummer: Excuse me. Mr. Manager.
Mr. Odio: Are we going to... It's in the Coral Gate neighborhood, and will the resident or the
owner vote?
Vice Mayor Plummer: To the maker of the motion, Mr. Mayor, answer the...
Mayor Clark: Well, maybe some persons are living in there that are renting a home, so you can't
just go by homeowners. You've got to go by the people that... They must prove residence there.
Mr. Odio: OK. And so the resident in the immediate neighbor... in the...
Mayor Clark: Affects them all, affects them all. There's no other way you're going to come up
with it.
Commissioner Gort: Mr. Mayor.
(APPLAUSE)
Vice Mayor Plummer: All right, hold on.
Mayor Clark: Please, please.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Let him speak.
Vice Mayor Plummer: Mr. Gort, you have the floor.
Mayor Clark: Valledor wants to...
Commissioner Gort: To make it fair, we're not going to do it by the amount of people that live
there, but by homes.
Mayor Clark: Yes.
Commissioner Gort: OK.
78 February 9, 1995
Mr. Odio: One vote per home.
Vice Mayor Plummer: Excuse me. Mr. Mayor, is that what...
Ms. Ares: No. We would request one... one...
Vice Mayor Plummer: Excuse me.
Ms. Ares: Yes.
Vice Mayor Plummer: Is that the way you understood, as the maker of the motion?
Mayor Clark: Yes, sir. Yes, sir.
Vice Mayor Plummer: One vote per household. Is that...
(SHOUTING)
Vice Mayor Plummer: Excuse me.
Mayor Clark: Please.
Vice Mayor Plummer: We're trying to come to some realization here. Mr. Mayor, you're the
maker of the motion. Is it my understanding of Mr. Gort, it would be one vote per household for
his second. Is that the understanding of your motion?
Commissioner Gort: Right.
Mayor Clark: Proceed.
Vice Mayor Plummer: All right, sir. Is there any...
Commissioner De Yurre: J.L.
Vice Mayor Plummer: Mr. De Yurre.
Commissioner De Yurre: What will encompass the area that is going to be voting?
Vice Mayor Plummer: Mr. Manager.
Mayor Clark: The homes in Coral...
Mr. Odio: What I understand is the Coral Gate neighborhood. The subdivision. That is...
Commissioner De Yurre: A vast opposition of this is the area immediately west of Coral Gate
on 16th Terrace, and 17th.
Vice Mayor Plummer: All right. Hold on. Mr. May... Wait a minute. Mr. Mayor, is that your
understanding? You are the maker of the motion.
Mayor Clark: That's where all the opposition comes, that business area right there.
Commissioner Gort: Excuse me.
79 February 9, 1995
Vice Mayor Plummer: Are you speaking...
Mayor Clark: The Coral Gate subdivision, is that in the Coral Gate subdivision?
Commissioner Gort: That should be considered...
Vice Mayor Plummer: Excuse me. Let staff answer the Mayor, please.
Mr. Kay: The Coral Gate subdivision, I have to kind of run my line or my finger around it here
to show you just where that is. There is a... several subdivisions to the west of there that are not
in the Coral Gate subdivision that are in the immediate neighborhood. Let me show you where
the Coral Gate subdivision is.
Commissioner De Yurre: And that would be impacted, obviously, by this decision.
Mr. Kay: Sure.
Ms. Ares: Yes, yes.
Vice Mayor Plummer: Excuse me, please. We're going to go to lunch at noon.
Mayor Clark: That's the Coral Gate subdivision?
Mr. Kay: Yes.
Mayor Clark: In the Coral Gate subdivision, in the Coral Gate. Not just businesses up there.
Ms. Ares: Those aren't businesses. Those are residences. Those are homes.
Vice Mayor Plummer: Again, please. Thank you.
Mayor Clark: It comes down there, Coral Gate Drive, right down like that. That's Coral Gate,
so that's what we're worried about, Coral Gate, not the Bushwhacker or nothing else, whatever
you call it.
Vice Mayor Plummer: All right. So can we delineate that for the verbatim record, that it does
not include... As I think you refer to it here as the Davis something.
Mr. Valledor: Citrus Farms.
Vice Mayor Plummer: Davis Citrus Farm is not included in this vote.
Ms. Ares: We would oppose...
Vice Mayor Plummer: Is that... Is that what you're... I'm asking the maker of the motion.
Mayor Clark: Yes, that's exactly right.
Vice Mayor Plummer: He has the right to make a motion. OK? So that it is understood that
there will be a vote taken. Mr. Mayor, I think you need to delineate how you want that to be
taken. It's not, obviously, by mail.
Mayor Clark: No, no. The City...
80 February 9, 1995
Mr. Odio: I would do it with a machine.
Mayor Clark: The Cit.y's going to send a machine out there.
Mr. Odio: Presided by the City Clerk.
Vice Mayor Plummer: The City will set up a machine?
Mayor Clark: Under the City Clerk.
Vice Mayor Plummer: And there will be an eight -hour period in which people have the right to
come by...
Mr. Odio: Yes.
Vice Mayor Plummer: ... and prove they are one household resident.
Mayor Clark: That's right.
Vice Mayor Plummer: They will show proof that they are a resident, and they will have the
opportunity to vote yes or no on that area, other than the Davis Citrus Farm area.
Mayor Clark: That's true.
Vice Mayor Plummer: Is that your motion?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: OK. Now, is that your second?
Mayor Clark: Willy?
Commissioner Gort: Take my second out.
Vice Mayor Plummer: You take your second out. All right. We now have a motion on the
floor.
Commissioner Dawkins: Second it, under discussion.
Vice Mayor Plummer: Under discussion. We now... Commissioner Dawkins.
Commissioner Dawkins: Will the vote be held on a Saturday and Sunday, where people do not
have to take off from work to vote?
Mayor Clark: That's up to them. I don't mind that.
Vice Mayor Plummer: OK. But I think we've got to tell them which one, Mr. Mayor.
Mayor Clark: Well...
Vice Mayor Plummer: Do you want it...
Mr. Odio: And where?
81 February 9, 1995
Mayor Clark: You're going to get it, now. What day do you want it on?
Vice Mayor Plummer: Do you want it on a Saturday or on a Sunday?
Ms. Ares: We aren't going to be voting. We're being totally excluded from this vote. We're
being totally excluded.
Vice Mayor Plummer: You know, everybody yelling does not accomplish anything. Really, it
doesn't...
Ms. Ares: Well, we're trying to inform you of our point of view.
Vice Mayor Plummer: Mr. Mayor, can I suggest, to accomplish that, I'll flip a coin, heads will
be Saturday and tails will be Sunday, since nobody wants... All right?
Mayor Clark: Fair enough.
Unidentified Speaker: This is something we're worried about. Would you let us...
Vice Mayor Plummer: Here we go. It is tails. It will be on a Sunday.
Ms. Ares: Mr. Mayor, Mr. Mayor, can we speak on this issue?
Vice Mayor Plummer: OK. Wait a minute.
Mayor Clark: He has the floor.
Vice Mayor Plummer: I have the floor at this time. So the vote will be on a Sunday. Let's say
that the vote will be for a six -hour period, an eight -hour period? Nine to five? I got to pay him
overtime to be there on Sunday. OK. So the vote will take place on what Sunday? Give me a
date. I don't want any dis... I don't want anybody to have any idea that we're playing games.
Today is the 9th. Can we schedule it for the 17th... 18th... 19th? We'll schedule a vote for the
19th of February that will be from nine in the morning till five in the afternoon. All of those
people in the delineated area, bringing proof to registration can vote. Where will the vote take
place, Mr. Manager?
Unidentified Speaker: A holiday weekend.
Commissioner De Yurre: You can do it at Coral Gate Park.
Ms. Matty Hirai (City Clerk): Mr. Vice Mayor.
Mr. Odio: It has to be a place near their homes.
Ms. Hirai: Mr. Vice Mayor.
Unidentified Speaker: That's a holiday weekend.
Vice Mayor Plummer: How about Coral Gate Park? Is that close enough for everybody? Coral
Gate Park.
Ms. Ares: We have real reservations about the way this is being proposed, without discussion,
and without a public hearing on the issue.
82 February 9, 1995
Vice Mayor Plummer: All right, Now, does the Clerk have everything we need?
Ms. Hirai: No, sir. We will approach David Leahy, and we will borrow one of his votomatic
machines. However, when you say that the individual will come and bring proof of
qualification...
Vice Mayor Plummer: That's what I said.
Ms. Hirai: ... I need you to state what will constitute that proof.
Unidentified Speaker: Tax roll.
Mayor Clark: Well, they have...
Vice Mayor Plummer: All right, all right, hold on. I'm sorry. I'm being told that that's a long
vacation weekend, that it might... people be out of town, and I don't want that to happen. All
right. How about...
Ms. Ares: Mr. Mayor, is there going to be any public discussion on this thing?
Vice Mayor Plummer: We might. Hold tight.
Ms. Ares: Because we've been here since eight o'clock this morning for an advertised public
hearing.
Vice Mayor Plummer: OK. Excuse me. Can we choose another Sunday? How about the 26th?
Is that agreeable, the 26th? OK? The 26th, in Douglas Park. Nine to five...
Ms. Ares: Douglas Park?
Unidentified Speaker: Coral Gate Park.
Vice Mayor Plummer: Douglas... Coral Gate Park. Excuse me. I'm sorry. OK? From nine to
five. This vote will be conducted by the City in accordance with the Clerk, who will be the
supervisor of elections. That mandate will then come back. I would ask, so that nobody gets
blown out of proportion, that vote results not be known until this Commission has been the first
to be notified.
Ms. Ares: We object. We object to this whole procedure. We object to being excluded from the
voting.
Vice Mayor Plummer: Your objections are so noted.
Ms. Ares: And we object to this procedure that is being pushed down our throats without the
opportunity to address the Commission, without the opportunity...
Vice Mayor Plummer: I'm going to give you that opportunity if you'll let me.
Ms. Ares: ... of letting you know how we feel, and the hardships that people immediately
outside of that Coral Gate area are experiencing because of these barricades. You have to hear
us out. We've been waiting here since eight o'clock this morning.
Vice Mayor Plummer: Your objections are noted for the record. Now, is there any other
discussion among Commission members?
83 February 9, 1995
Commissioner De Yurre: J.L.
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: I think we need to specify, as far as I.D.s, what it's going to take, like
a driver's license, a picture I.D., and then like FPL (Florida Power and Light) bill...
Unidentified Speaker: Proof of ownership.
Commissioner De Yurre: ... a Southern Bell bill or something that will show that they do live in
that residence so that we establish the parameters of identification.
Unidentified Speaker: Ownership of property.
Vice Mayor Plummer: Madam Clerk, what would you recommend?
Ms. Hirai: Those are acceptable, Mr. Vice Mayor.
Vice Mayor Plummer: Any one of those?
Ms. Hirai: Any one that would prove that they...
Vice Mayor Plummer: OK. But you will have some way of keeping a record so that there will
not be two votes cast out of the same house.
Ms. Hirai: Yes, sir.
Ms. Ares: Excuse me.
Ms. Hirai: We will need a list from the department stipulating each house.
Vice Mayor Plummer: All right. Can I ask my colleagues, do we want to give time for the
public to speak at this point, or not?
Commissioner De Yurre: I'll say this for the record, and I understand that we're talking about
the Coral Gate area, but this is a residential area, the one just outside, and I think it's going to be
impacted, and they...
(APPLAUSE)
Commissioner De Yurre: Hold it, hold it, hold it. And even though my gut feeling is that the
votes are going to be there, whether the group is included or not in the vote, I think it's important
they be a part of the vote. If not, I will not be voting for this process.
Ms. Ares: Thank you. Thank you.
Vice Mayor Plummer: That's your right to do as such. I'm asking now...
Commissioner Gort: I feel...
Vice Mayor Plummer: ... do we want to allocate an additional 20 minutes now, to give each side
ten minutes, Mr. De Yurre?
84 February 9, 1995
Commissioner De Yurre: No.
Vice Mayor Plummer: Mr. Dawkins?
Commissioner Dawkins: No.
Vice Mayor Plummer: Mr. Gort?
Commissioner Gort: I think we should. They're here, they've been here all morning.
Ms. Ares: Yes.
Vice Mayor Plummer: Mr. Clark.
Mayor Clark: Yeah.
Ms. Ares: Thank you. Thank you.
Vice Mayor Plummer: I vote yes. There will be ten minutes, ten minutes only. Madam Clerk,
get out that little light.
Commissioner Gort: Now, here me this.
Vice Mayor Plummer: All right.
Commissioner Gort: Excuse me, Mr....
Vice Mayor Plummer: Go ahead. Don't start the clock until Mr. Gort is finished.
Commissioner Gort: Davis Citrus Park is very much affected, whatever decision takes place.
Vice Mayor Plummer: That is correct, sir.
Commissioner Gort: And as we can see, there's two greens in there, and I think that if people
talk to each other, you might be able to get convinced that the whole area is going to be affected.
Although it's considered a different subdivision, I think they should have the right to vote in
there. I think they should be...
(APPLAUSE)
Commissioner Gort: Excuse me, excuse me. I think that would take a lot of the objection away.
Vice Mayor Plummer: As Mr. De Yurre, you have a right to vote against the motion.
Commissioner Gort: OK.
Vice Mayor Plummer: Now, the tiling I don't see here, and I'm asking for clarification, on, let's
say, 16th Terrace, I don't see a barricade there presently at all. That's...
Ms. Ares: We get all the traffic.
Vice Mayor Plummer: Well, there's no barricade there. OK. I don't see one on 17th Street.
There's no barricade there; is that correct?
85 February 9, 1995
Ms. Ares: We get all the traffic.
Vice Mayor Plummer: All right. I'm just asking, please.
Ms. Ares: We get all the traffic,
Vice Mayor Plummer: All right. Let me just make one comment. I still have the right to make
a comment. Would we be smart, Mr. Mayor, in a consideration by Mr. Gort, that at 16th Street
that there be a half barricade that would be for the allowing of vehicles to exit only, but the fire
trucks or other emergency vehicles could, in fact, enter? I have to tell you, for the record, that at
Alatka and Halissee, it has worked very well,
Mayor Clark: I'm not against that. That's fine.
Vice Mayor Plummer: But I'm saying, do you want to have an "A" and a "B," or do you want to
limit it just to a "yes" or "no"?
Mr. Odio: That's how we voted over here.
Vice Mayor Plummer: I'm saying that that worked well, and Mr. Gort brought that subject up.
Commissioner Gort: I think we should incorporate that.
Vice Mayor Plummer: Do the people that are "for," do you understand what I'm saying? OK. I
want you to know it has worked very well here. Now, it might be a problem over there of
enforcement. But we've not had even a problem of enforcement, and Bayshore carries a heck of
a lot of traffic.
Mayor Clark: What do you suggest, J.L.?
Vice Mayor Plummer: Mr. Mayor, I'm just asking for consideration, that's all. If, in fact, they
would like to consider it, I think it's worth consideration, at least. Now, you might be opposed
to it. You can speak...
Mr. Odio: Mr. Mayor.
Vice Mayor Plummer: Excuse me. You can speak to it in the ten minutes you've got, and you
can speak to it in the ten minutes you've got. We will lead off, sir, we will lead off with you.
You will not have rebuttal. You will have ten minutes to speak, they will have ten minutes to
speak, and we're going to lunch. OK? And then, of course, the vote will be taken.
Mr. Odio: May I, before...
Vice Mayor Plummer: Mr. Manager, please.
Mr. Odio: If you look at the map, if we could have the area that votes to be the outside... 22nd
Street to 32nd Avenue, to 16th Street, to Douglas Road,
Vice Mayer Plummer: Mr. Manager, even though you don't vote, that is the same question
raised by Mr. Gort and Mr. De Yurre, and they can vote yes or no at the time.
Mr. Odio: Mr. Mayor, I may... that may...
Mayor Clark: If that's included, you'll vote for it.
86 February 9, 1995
"1
Mr.Odio: Yes.
Mayor Clark: What happened to Victor? He faded out.
Vice Mayor Plummer: All right. You want to include that, Mr. Mayor?
Mayor Clark: Yeah, go ahead.
Vice Mayor Plummer: OK. Then let's understand. Here we go. Let's back up, so everybody
knows. What I understand, the motion now will read that the entire map that you see before us
will be the voting district. It will be a vote on the 26th of February from nine to five at Coral
Gate Park. You must bring some proof of registration to show that you are a voting person
eligible to vote. OK? You will only have one vote per home. Mr. Gort.
Commissioner Gort: To save time and to save a lot of the arguing that exists here, I think you
should also consider, with the Fire Department, the suggestion that J.L. has, because one of the
biggest problems you have, the people that live there, to come out and to turn left, all they can do
is turn right, they have to use the light, where they can go in there and make that exit a one-way
street. This way, they can come in, right.
Vice Mayor Plummer: Well, Mr. Gort, let me be honest, now, OK? As it exists at Alatka, you
can turn either way. You can go left or right.
Commissioner Gort: I understand.
Vice Mayor Plummer: But there is a traffic light there.
Commissioner Gort: But give the people an opportunity to get out of the neighborhood.
Vice Mayor Plummer: Yeah. OK.
Commissioner Gort: They would not be able to come in, but they can get out.
Vice Mayor Plummer: Madam Clerk, start the clock. He has ten minutes. Start off again by
stating your name and your mailing address, please.
Mr. Vazquez: My name is Gerardo Vazquez. My mailing address is 601 Brickell Key Drive,
Suite 805, Miami, Florida. Let me state for the record that I am doing this as a pro bono case.
I'd like to please introduce Mr. Cal Almaguer. He's the president of the Homeowners'
Association.
Mr. Cal Almaguer: Mr. Mayor and Commissioners, my address is 1931 Southwest 32nd Place,
in Coral Gate subdivision. First, the problem. 1.989 traffic study shows over 11,000 cars
travelling through the Coral Gate subdivision per day. Since then, commercial development
substantially increased around us, Columbus Center, Luria's, Service Merchandise, Miracle
Center, X-Tra, Office Depot, Checker's, et cetera. Future development is on the way. Coral
Gables redevelopment along Douglas Road, and the widening of Southwest 32nd Avenue to four
lanes by Metro -Dade County is on the capital improvement plan for the year 1996 through the
year 2000. The master plan states that transportation is designed - and this is in Policy
TR1.4.1. - transportation is to be designed to minimize the intrusion of commuter traffic on City
residential streets and must not sever or fragment well defined neighborhoods, and it names
Coral Gate specifically. The solution: Coral Gate subdivision sent out four surveys for
neighborhood input. Overwhelmingly, the response that we got back was a desire for barricades.
87 February 9, 1995
We've petitioned the Commission to approve the neighborhood plan, as was voted on. In June
of 1993, the Commission approved the installation of temporary barricades, based on the
approved neighborhood plan, which, if I may, was more restrictive than the plan that is in place
today. Those two streets on 16th and 17th were approved to have barricades on them. We, as a
homeowners' group... We, as a homeowners' group, asked for an amendment to that resolution
that left those two streets open so the residents of the other community would have the same
access to our streets as we do. The 1994...
Vice Mayor Plummer: Excuse me. I ask you to please be courteous.
Mr. Almaguer: The 1994 traffic study by David Plummer and Associates concluded that the
proposed circulation patterns were reviewed and found to be effective in diverting through -
vehicular traffic away from the residential streets without significantly impeding traffic at
selected intersections, with collector and arterial streets. This report concludes that the street
closings requested by the residents of the Coral Gate neighborhood will not result in any
significant change or degradation of the operating conditions on the area roadway analyzed.
Let's talk a little bit about the votes. Ballots were sent out by Public Works Department to the
homeowners, not just of Coral Gate subdivision, but of the entire map that you see right here.
But let's talk a little bit about the Coral Gate subdivision. Four hundred sixty-three single-family
homes. Three hundred forty-nine of those property owners responded to this mailing. That's a
75 percent response. Two hundred seventy-one residents of this subdivision voted in favor of
the plan that is in place today. That is a 78 percent approval. If I may add, what the
Commission has voted on just now has invalidated that vote. I'd like to make mention of the
Coconut Grove Park...
Vice Mayor Plummer: Excuse me. The Commission has not voted now, not yet.
Mr. Almaguer: I apologize, Commissioner. The Coconut Grove Park, let's go to that. Five
hundred ballots were mailed out. Two hundred twenty-one of them were returned, 126 yes, 95
no. That's a 57 percent in favor in Coconut Grove Park. And guess what? It passed, and they
got it.
Vice Mayor Plummer: Coconut Grove Park is where?
Mr. Almaguer: Aviation.
Vice Mayor Plummer: Thank you. I'm sorry to interrupt.
Mr. Almaguer: That was only 57 percent in favor, with less than 50 percent response for that
vote. Now, what the Commission is proposing is to take away the rights of the property taxpayer
and giving them the same rights as a renter that merely rents the property and doesn't pay that
property tax. We have a vested interest in this community. We can't just pick up and move
away, as a renter can. And I urge the Commission to take those property tax rights into... into
consideration. I'd like to talk a little bit... While reducing traffic has always been our goal, a
nice consequence has been the crime. The City Manager eloquently discussed the crime and
how it has gone down. Those aren't our numbers. Those are the numbers of the City of Miami
Police Department. We have gone through all of their records and pulled out all of the crime
statistics for those crimes of opportunity in this area, and they have gone down significantly. I'd
like to talk about Police and Fire. Police and Fire have concerns, as they have had with every
single other plan. The Police, while not endorsing this plan, has said on the record, in a letter to
Public Works, that our plan has merit. It's on the record. Fire. Their problem is access. The
temporary barricades in place right now give far less access than the permanent barricades would
give once those are installed. It is up to the homeowners' group, if you so choose, to maintain
that, to make sure that that access stays. Musial Circle, we have been maintaining for three
88 February 9, 1995
years. A City of Miami vehicle has never been out to Musial Circle to cut that grass, because
they don't have to. We maintain it, and we are willing to put the funds aside right now, today, to
make sure that we not only install those barricades, we maintain them to the level that the City of
Miami Fire Department dictates they need to be maintained. They have said if we are to use
barricades, for whatever reason, they propose the use of one of two types: drive -through planter,
allowing complete, unobstructed pathway through trees, signs, et cetera; or, two, guardrail,
which is hinged on one end with a locking mechanism on the other, i.e., a locked gate. I believe
we've addressed all the facts in this matters. We welcome any questions in the end. And, you
know, we know that there is an opposition. This is not a question between us and them. This is
not a question between winning and losing. We are either all going to be winners, or we're all
going to be losers in this thing. We just happen to be a single-family residential community
jarred between two downtowns: downtown Miami and downtown Coral Gables, and we are just
trying to protect ourselves and preserve our way of life, and preserve one of the last
neighborhoods of this type in the City of Miami. Commissioners, we're asking for your help.
Thank you.
Vice Mayor Plummer: Very fine presentation.
(APPLAUSE)
Vice Mayor Plummer: OK. Hold on. You're eating up your time. There's two minutes and 35
seconds left, if anybody else from this side wants to speak. No, let the clock keep running.
Mr. Fernando Portuondo: My name is Fernando Portuondo, and I live at 1911 Southwest 33rd
Court. In 1993, the Coral Gate Homeowners' Association presented a proposal to the State of
Florida Department of Agriculture for funds available for the Urban and Community Forestry
Grant Program. This proposal included countless exhibits and forms, many of which were
newspaper articles from The Miami Herald, depicting the unique character of our neighborhood,
as well as the many obstacles we have fought in order to preserve it. Included in this proposal,
as well, were testimonials of various City officials, ranging from Public Works to Commissioner
Miller Dawkins, himself, who I am taking the liberty of quoting:
"This letter comes to you in support of the Coral Gate Homeowners' Association.
This group is very deserving of whatever assistance they are seeking. Coral Gate
Homeowners' Association has continuously worked to enhance and beautify their
neighborhood, and many times, they have used their own funds for improvement
of their area."
Our proposal ended with our own summary as to why we should be awarded these funds.
"In summary, the Coral Gate tree planting project will serve to significantly
enhance the tree canopy and residential personality of an urban South Florida
neighborhood that is committed to preserving its small town character."
We were subsequently awarded these funds among the likes of our neighbor across the bay, the
City of Key Biscayne. The State of Florida saw this small neighborhood of 460 homes we know
as Coral Gate worthy of conserving and enhancing. I, as a citizen and resident of Coral Gate can
only hope that my and our elected officials see it the same. I ask for your vote in preserving
Coral Gate.
Vice Mayor Plummer: There's one minute left.
(APPLAUSE)
Ms. Mary Andreu: Mayor Clark, Commissioners, good morning. My name is Mary Andreu. I
live at 3270 Southwest 16th Terrace, my husband, Juan, and our eight week old baby, Michael.
You've heard all the facts and figures. Now, allow me to describe to you the human element, the
people who live in Coral Gate. We are a diverse group, yet we have a common goal: barricades.
89 February 9, 1995
Here is a cross-section of our neighbors. We have a registered nurse, we have an ambulance
dispatcher, we have doctors, we have licensed plumbers, we have retired business owners,
interior designers, Presbyterian minister. We have a mixed community of young professionals,
retirees, Hispanics, Anglos, Jews, and Christians, who desire to live in Coral Gate. We choose to
live here. Miami is not a landmark on our commute to work. Please help us preserve our
neighborhood.
Vice Mayor Plummer: Thank you very much.
(APPLAUSE)
Vice Mayor Plummer: There will be no other speakers. There's only six seconds left. Thank
you.
Mr. Vazquez: Thank you, Commissioners. Thank you, Mr. Mayor.
Vice Mayor Plummer: Thank you.
Ms. Ares: Yes...
Vice Mayor Plummer: You have ten minutes.
Ms. Ares: Thank you. My name is Aurora Ares, and I practice at 21...
Vice Mayor Plummer: May I only ask, please, that you reserve a few minutes, if maybe one or
two would like to speak.
Ms. Ares: Yes. We've already queued up. Thank you.
Vice Mayor Plummer: Thank you.
Ms. Ares: We'd like to go on record as opposing the barricades. We further want to reserve, for
the record, our opposition to the way this voting is taking place. We don't believe that by our
participating in this voting we're waiving any of our rights. We believe the barricades are
contrary to your own ordinances, they're contrary to the Dade County requirements, and
contrary to Florida law. However, we'll reserve that for the Circuit Court. I'd like to let you
know that we are over 400 people who live in this area, who are against the barricades. A
hundred of them are here today. Two hundred of them took the time to write to you today, in
personal statements that they have filed and will file of record, informing you that these
barricades have created havoc in their community. They've created havoc on Southwest 16th
Terrace and 17th Street at the intersection of Douglas Road. They've created havoc throughout
the entire neighborhood. We have records and witnesses who will testify that they have suffered
property damage, they have suffered personal injuries, they have suffered deprivation of
recognized property rights, and they are suffering procedural due process here today because
they're not being allowed to speak. I would ask one question. I would ask one question. Is
there going to be a public hearing before the permanent installation of these barricades?
Vice Mayor Plummer: Absolutely.
Ms. Ares: OK. Then, we can live with that, because we feel that we have not been heard up till
now. These barricades were installed without us being meaningfully involved in the process.
The proponents have made several trips across town to City Hall, but they have never taken the
time to cross the street and talk to their neighbors before installing these barricades. That is just
not right. We're all in the same neighborhood. They're trying to cut us out. We have a lengthy
90 February 9, 1.995
presentation here, and we were prepared for that today, because this was an advertised public
hearing, where we thought that we were going to get a chance to air our views. Now, we've
been told that we can't do that, and we only have ten minutes. But, again, the barricades are a
violation of our rights, they will continue to be a violation of our rights, regardless of what this
voting results in. We don't believe that we have been heard, and we weren't heard after these
temporary barricades were installed, creating momentum for the other side. Now, it's going to
be harder for us. We have to spend more time and more money trying to convince you good
people to take those barricades down. We have been denied procedural due process, we're being
denied our property rights, we're being denied our rights to access streets that are mentioned in
our deeds, in the plats that are referenced in our property deeds. So we feel very strongly about
this. We would like to... Some of us who are residents in the neighborhood would now like to
address you personally on the hardships that they have suffered.
Commissioner De Yurre: Do you have statistics, something that... I know that you are against
it, but do you have statistics that can help us understand your situation?
Ms. Ares: We can develop those statistics. We have personal testimony.
Vice Mayor Plummer: Stop the clock. Stop the clock, please, for Commissioner De Yurre's
question.
Ms. Ares: Yes, yes, go ahead.
Commissioner De Yurre: Because I understand the emotion, I understand the legal ramifications
that you're alluding to, but we need some substance as to if it's impacting, how is it impacting,
so that we can understand the situation better.
Ms. Ares: We can't do that in ten minutes. We had a presentation...
Vice Mayor Plummer: No. You can do it prior to the next hearing.
Ms. Ares: We had a whole presentation.
Mayor Clark: We're going to have it at the Convention Center.
Vice Mayor Plummer: All right.
Ms. Ares: We have photographs, we have testimony. We have witnesses who will testify as to
property damage.
Vice Mayor Plummer: All right. Ma'am, please, you can present the information that
Commissioner De Yurre wants...
Commissioner De Yurre: I'd just say that when it comes again, bring numbers, you know,
because...
Ms. Ares: Yes, yes, we have that.
Vice Mayor Plummer: Or send it in advance.
Ms. Ares: They're all here standing before you.
Commissioner De Yurre: OK. Well, speak.
91 February 9, 1995
Vice Mayor Plummer: All right. For the next speaker, start the clock. You have six minutes
and 53 seconds left on your side.
Ms. Angela Mason: Good day, Commissioners and City... good citizens of Coral Gate. I come
before you today on behalf of over 400 Coral Gate residents against barricaded enclaves, to
reiterate my position, and present my report on how the barricades have affected my life over the
past four to five months, speaking quickly. There are only... My name is Angela Mason. I'm at
3502 Southwest 16th Terrace. Let's see. Any Douglas... Within the past four to five months,
any Douglas Road access has become virtually impossible, especially with the 16th Street and
Coral Gate barricade and all the traffic caused by the new Service Merchandise, and traffic on
16th Terrace, my street, has increased drastically. I can't imagine the hardships on the elderly
must endure during... using Douglas Road. Traffic has increased so much during the past few
months that residents resort to using the Amoco Station at Douglas to cut through to and from
16th Street and 16th Terrace. Number two, I, being a disabled person, have a right to access
safer, less congested streets to travel on. Number three, there has been an inexcusable incident
in emergency Rescue response time, unfortunately, resulting in a 15-minute delay while Rescue
vehicles...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: Excuse me.
Ms. Mason:... while Rescue vehicles...
Vice Mayor Plummer: I would ask for courtesy on this side, as well. Proceed.
Ms. Mason: Thank you. ...while the Rescue vehicle desperately tried to find a way into Coral
Gate, causing, unfortunately, resulting in a loss of life. Not to mention one incident of two
break-ins on the same night, one block apart, within ten minutes of each other. One break-in was
in my house, and I've lived there for nine years and it never has been broken into before.
Vice Mayor Plummer: Count your blessings.
Ms. Mason: I never have been until after the barricades. Rumors have it that it was a
neighborhood kid that broke into my house, who's also a gang member and resides on 17th
Street.
Vice Mayor Plummer: Stick to the issues, please.
Ms. Mason: Last but not least, our concerns regarding the legal issues, such as width of streets,
to create cul-de-sacs, maximum legal footage, dead-end streets, length in Fire response time,
and... OK.
Vice Mayor Plummer: You're being repetitious, ma'am.
Ms. Mason: OK. I can probably...
Vice Mayor Plummer: Can we have the next speaker?
Ms. Mason: Thank you.
Vice Mayor Plummer: There's four minutes and 20 seconds left. Next speaker, please, your
name and address.
92 February 9, 1995
Ms. Georgina Fernandez: Honorable Mayor and Commissioners, my name is Georgina
Fernandez. I live at 3609 Southwest 17th Street, and I've lived there for eight years. I strongly
oppose the barricades. My mother is an 80 year old woman, and some of my neighbors are even
older, and ever since those barricades went up, I've been seriously concerned for their safety. I
have seen trucks, fire trucks get... on Coral Gate get in, back out, go back in, and turn around,
with great difficulty. How are emergency vehicles going to get to us when we need them? More
people than ever, including Coral Gate residents, themselves, are using our street to get in and
out of their own barricaded maze, making our street even more dangerous for children and older
residents. Traffic congestion has been further exacerbated by a new Service Merchandise and a
Luria's Store on our only exit, which is 37th Avenue. It takes us 15 minutes longer to get out of
our own homes, and when there is a funeral, or a church service, or traffic on 37th Avenue, it's
almost impossible for us to get out of our own homes. Barricades may have stopped traffic from
going through the Coral Gate neighborhood, and it's fine for their residents to want peace and
quiet, but in imposing the barricades, they have denied the peace and quiet to us. The quality of
life has diminished in our neighborhood, and so have property values. To top it off, some of my
neighbors have received intimidating anonymous letters, and I have received innumerable
anonymous phone calls. These are the United States, and I will not be intimidated. 1, too, have
the right to the peaceful enjoyment of my property. 1, too, have the right to be free from danger,
hassles, and intimidation. As taxpayers, barricades are... deny us access to our streets, but most
of all, a neighborhood should not derive benefit at the cost of another neighborhood. Honorable
Mayor and Commissioners, barricades are restrictive, and unfair, they're dangerous to the old
and infirmed, they should be removed. Let's prevent before we have to limit.
Vice Mayor Plummer: Next speaker has two minutes.
(APPLAUSE)
Vice Mayor Plummer: You're taking away from the speaker's time. You have two minutes,
whoever that one is.
Ms. Anna Rock: Mayor and Commissioners, my name is Anna Rock. I have lived at 3201
Southwest 21st Street since 1959, in the neighborhood known as Coral Gate. I purchased my
home there because of the location and convenience of being on the corner of a main street,
Southwest 32nd Avenue. All of that has changed on June 23, 1994, when barricades were
installed across 21st Street, blocking me and everyone else from exiting to 32nd Avenue. It has
been a nightmare since. Cars come to the end of the street, get mad, take the barricades down,
and run over my yard. They spin rocks in front of my house, all over the yard. It has been one
big mess. The Homeowners' Association tell me they will take care of all damaged property.
That is not the problem. In the first place, I do not want the damages. And why must I have the
aggravation of it all? Living there is no longer a pleasure, it is a jail. My elderly father lives on
32nd Avenue, five blocks away, and is not in good health. I'm going to cry. I must go see him
several times a day and take care of his needs.
(SHOUTING)
Vice Mayor Plummer: Please.
Ms. Rock: I now must travel eight blocks extra each time, just to get back to 32nd Avenue
where I started. All emergency vehicles will have a hard time getting to us. Just ask them.
Since the barricades were installed, and one week after we purchased our Ford Bronco, the spare
tire cover was stolen. So much for security. There is no way on paper I can explain how this has
affected me. I hate living locked up, and am no longer happy living there, as I had been for 39
years.
93 February 9, 1995
Vice Mayor Plummer: Thank you.
Ms. Rock: The stress of all this has been unbelievable. Please help us.
Vice Mayor Plummer: The public hearing is now closed. Is there any further discussion among
the Commission? Motion... Excuse me. Mr. De Yurre?
Commissioner De Yurre: Are we including the whole section?
Vice Mayor Plummer: Yes, sir, the map as you see it. Madam Clerk, so there's no
misunderstanding, briefly repeat the motion on the floor.
Ms. Hirai: Election to be held on Sunday, February the 26th, nine to five. We will request of
Metropolitan Dade County to borrow one of the votomatic machines. It will be held at Coral
Gate Park, and the I.D.s (Identification) to be presented to show qualification for voting can be
any picture I.D., or utility bills in the name of the individual. The parameters of the area that we
see in the map, Jim Kay will come to our department, and specifically, we will get exactly all the
streets, and all the names per household, and every person will vote... One vote per home, the
people who live in the area, who are subjected to all these difficulties.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Is this going to be a binding vote that...
Vice Mayor Plummer: I'm sorry.
Commissioner De Yurre: Is this a binding vote, that whatever the result is, that's the way we go,
or it's just going to be an indication?
Mayor Clark: No, no, it's not.
Ms. Hirai: The majority.
Mayor Clark: We're going to find out.
Vice Mayor Plummer: I don't think that's the case. I can tell you that's the way I feel, but then
I'll address that at the time. And I would assume... Mr. Manager, please.
Mr. Odio: We need the ballot question.
Vice Mayor Plummer: The ballot question is, do you favor this plan as presented, or you do not?
Ms. Hirai: Which plan?
Mr. Odio: Do we want to incorporate the second plan?
Vice Mayor Plummer: I think you... That will be a vote that will be taken here. Now, excuse
me. Is there anything further to be understood by the Commission? Mr. Gort.
Commissioner Gort: I'd like to add that a lot of times, in deferring a lot of the items, we had an
opportunity for the people to get together. You all are neighbors, you all are going to have to
live together. Try to get together and see if we can find some solutions. We heard what the
problem is. I don't know if you've tried, but try another time. You know, that's the way it goes.
My suggestion is, try it, and if you can come up with a better plan that satisfies more people, the
better for you all. It's just a suggestion.
94 February 9, 1995
Mayor Clark: Call the roll.
Ms. Hirai: Mr. Vice Mayor...
Vice Mayor Plummer: No, no, the public hearing is closed. Madam Clerk, do you have
question?
Ms. Hirai: Mr. Vice Mayor, with all due respect, the Manager's question is a very import
one. We need the exact wording that is going to appear in the ballot.
Vice Mayor Plummer: Very simply... Mr. Mayor, you want to state it for the record?
Mayor Clark: Are you in favor or against the barricades?
Vice Mayor Plummer: Are you in favor or against that as proposed in this map?
Mayor Clark: As they now exist.
Vice Mayor Plummer: For or against, yes or no.
Mayor Clark: For or against. Now, the way barricades exist in the Coral Gate area, are you
favor or against them? That's all I want to find out.
Vice Mayor Plummer: Yes or no. OK? Call the roll.
95 February 9, 19�
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 95-84
A MOTION OF THE CITY OF MIAMI COMMISSION DIRECTING THAT A
SPECIAL NEIGHBORHOOD ELECTION BE HELD IN THE AREA OF CORAL
GATE, DAVIS CITRUS FARM AND OTHER ADJACENT SUBDIVISION AREAS
COMPRISED WITHIN THE PERIMETER OF S.W. 37TH AVENUE (DOUGLAS
ROAD, EAST SIDE OF THE STREET); S.W. 16TH STREET (SOUTH SIDE OF THE
STREET); S.W. 32ND AVENUE (WEST SIDE OF THE STREET); AND CORAL
WAY (S.W. 24TH STREET, NORTH SIDE OF THE STREET), AS MORE CLEARLY
IDENTIFIED ON PERTINENT MAP APPROVED BY THE CITY COMMISSION ON
THIS DATE, SAID ELECTION TO BE HELD ON SUNDAY, FEBRUARY 26, 1995,
BETWEEN THE HOURS OF 9:00 A.M. AND 5:00 P.M. AT CORAL GATE PARK;
FURTHER DESIGNATING THE CITY CLERK AS SUPERVISOR OF SAID
ELECTION IN CHARGE OF PERTINENT LOGISTICS IN CONNECTION
THEREWITH; FURTHER STIPULATING THAT THERE SHALL BE ONLY ONE
VOTE PER PROPERTY OWNER; FURTHER STIPULATING THAT LESSEES
WOULD BE ALLOWED TO VOTE ONLY WHEN SO AUTHORIZED BY MEANS
OF A NOTARIZED AFFIDAVIT FROM THE PROPERTY OWNER; FURTHER
STIPULATING THAT THE CITY CLERK WILL BE IN CHARGE OF
PREQUALIFYING THE PROSPECTIVE VOTERS ON THE DAY OF THE
ELECTION, (a) IN THE CASE OF PROPERTY OWNERS, A WARRANTY DEED
AND PICTURE IDENTIFICATION WOULD BE SUFFICIENT, AND (b) IN THE
CASE OF LESSEES, AN AFFIDAVIT SIGNED BY THE PROPERTY OWNER
TOGETHER WITH A PICTURE IDENTIFICATION OR A RECENT UTILITY BILL
IN LESSEE'S NAME; FURTHER STIPULATING THAT THE QUESTION TO
APPEAR ON THE BALLOT WILL BE AS FOLLOWS:
"ARE YOU IN FAVOR OF HAVING PERMANENT BARRICADES
ERECTED AT THE SAME SITES WHERE TEMPORARY
BARRICADES PRESENTLY EXIST IN THE CORAL GATE AND
ADJACENT SUBDIVISION AREAS COMPRISED WITHIN THE
PERIMETER OF S.W. 37TH AVENUE (DOUGLAS ROAD, EAST
SIDE OF THE STREET); S.W. 16TH STREET (SOUTH SIDE OF
THE STREET); S.W. 32ND AVENUE (WEST SIDE OF THE
STREET); AND CORAL WAY (S.W. 24TH STREET, NORTH SIDE
OF THE STREET); AS MORE FULLY DETAILED IN PERTINENT
AREA MAP PREVIOUSLY APPROVED BY THE CITY OF MIAMI
COMMISSION?"
AND FURTHER STIPULATING THIS ISSUE WOULD BE BACK BEFORE
THE CITY COMMISSION AT THE MEETING OF MARCH 9, 1995.
Note: The City Commission later clarified M-95-81, stating that the individuals qualified to
vote will be property owners„ or a lessee, if so authorized by the property owner of said
residence by means of a notarized letter.)
96 February 9, 1995
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Vice Mayor Plummer: We'll see all of you back here with the results on March the 9th. March
the 9th.
Commissioner Dawkins: What time are we returning?
Vice Mayor Plummer: We'll be returning today to these Commission chambers after lunch at
two -thirty. Let me thank all of you for being here, showing your interest, and being most
courteous. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:34 P.M. AND RECONVENED AT 2:40 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER DE YURRE
AND COMMISSIONER DAWKINS,
Mayor Clark: May I have your attention, please? Mr. Valledor? Mr. Quinn Jones, in that
motion that was made this morning concerning the vote out at Coral Gate, my motion was one
vote per household.
Mr. Almaguer: Mr. Mayor...
Vice Mayor Plummer: Mr. Mayor, I think the question is, one... We understood that, or they
did. The question is, is that one vote to be the owner of the house, or, if, in fact, it is rented or
leased, would it be the lessee?
Mayor Clark: I think... It finally wound up to be the owner.
Vice Mayor Plummer: It would be the owner.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I think that's what they're asking for clarification on.
Mayor Clark: All right. What do you need on that, Mr....
A. Quinn Jones, III, Esq. (City Attorney): Well, that's fine. I think the other question that's
perhaps going to come up, if, in fact, it's an absentee owner, whether the absentee owner can
designate his lessee as the person to cast a vote for him, his proxy. I mean...
Mayor Clark: Well, that's all right.
97 February 9, 1995
IE
Mr. Jones: Yeah, OK.
Mayor Clark: Absentee owner, but not a renter.
Mr. Jones: I guess he'd have to show the... What I would suggest is that if that's the case, then
that particular individual present a proxy or something at the time that he votes, showing that the
owner is giving him permission to cast his ballot for him.
Mayor Clark: That's all that's necessary.
Mr. Almaguer: Mr. Mayor, what I'd like to clarify is, if there is a proxy involved, what they're
going to have to show to prove that they are a proxy - a notarized letter giving them
authorization?
Mayor Clark: That's right.
Mr. Jones: Yeah. I would say a notarized letter from the owner saying, "I, Joe Blow, give
permission to whomever that resides at da-da-da, to cast..." We can come up with a form.
Mr. Almaguer: OK.
Mr. Jones: That's no problem.
Mr. Odio: What did he say?
Mr. Almaguer: Oh, my name is Cal Almaguer. I'm president of Coral Gate Homeowners'
Association, 1931 Southwest 32nd Place.
Mayor Clark: Thank you. I think we got that straight now. Thank you.
Mr. Almaguer: Thank you, Mr. Mayor. Thank you, Commissioners.
----------------------------------------------------------------------------------------------------------
17. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BID REQUIREMENTS -- APPROVE
ACQUISITION OF 10 LIFE PAK 11 DEFIBRILLATORS -- FROM PHYSIO
CONTROL CORPORATION -- FOR FIRE -RESCUE DEPARTMENT --
ALLOCATE $100,212.
Mayor Clark: All right. We are on item 14. Is there a motion on item 14?
Vice Mayor Plummer: Wait a minute.
Mayor Clark: Fourteen. The Manager recommends.
COMMISSIONER DE YURRE ENTERED THE COMMISSION
CHAMBER AT 2:43 P.M.
98 February 9, 1995
Mr. Cesar Odio (City Manager): This is the only sole source we had to declare, and we cannot
find the Life Pak with any other source.
Mayor Clark: All right. Is there a motion?
Vice Mayor Plummer: Mr. Mayor, I'll move it. You know, I'm going to be making the same
comment. Are we living beyond our means? We're... I'll make the motion. We say we got to
have it. I'm not going to let anybody sit there like they did this morning and say it's a safety
factor, and put us on the record of a liability suit, which I thought was horrible for those
statements to be made this morning, but they were made.
Mayor Clark: Is there a second?
Vice Mayor Plummer: You're telling me that you absolutely have to have them, you don't have
any presently? I mean, you know, let's all admit, I think, that we've got some financial
crunches. We've got some financial crunches, and I think we need to start thinking about...
Commissioner Gort: Mr. Mayor, excuse me a minute.
Vice Mayor Plummer: Yeah.
Commissioner Gort: I understand... And you all, if you all recall - I'd like to report on this,
maybe at the end of this meeting, maybe at next meeting - you all assigned to me the duty of
doing a performance audit. I've been having the chance and opportunity to sit down with all the
departments and going over the budget, and seeing some of the reductions that's trying to be
done. So what I would like to do... And I agree with you, J.L. I think when someone comes in
here for a request, they should come in front of us and explain what is... why it's necessary, and
why we must have it, because we have a lot of information here, but a lot of people don't
understand that. They don't understand we take our decision based on the information we have.
But we should also educate the people to understand.
Vice Mayor Plummer: Willy, let me say this to you, and I... my record will stand on itself. I've
been a strong, and continue to be a strong advocate of safety measures, no question, but
obviously, we've existed with the Fire Department for a long time without whatever this is here.
This City has to realize that between now and October that we're going to have to do things
differently. OK? Now, I'm saying if the Fire Department has, you know, been all these years
without these 11 units, I was asking, why do we suddenly have to have these units that we didn't
have, tomorrow, that we didn't have yesterday? OK?
Mr. Odio: Can he... Can he explain?
Mayor Clark: Let's hear. Let's hear.
Chief Tracy Jackson: Chief Jackson, Fire Department. Honorable Commissioners, if I may.
The 12 lead machines that you see before you have been in our department since 1992. We were
among the first departments in the country to bring that level of care to the citizens in the street.
It permits us to make a rapid, accurate diagnosis of potentially serious heart problems, and it
allows us to make that call from the street, and to have the teams in the ORs (operating rooms)
prepared with the necessary drugs to stop these vital conditions.
Vice Mayor Plummer: Do you not have that capability today?
Chief Jackson: We have Life Paks, but they are not of the quality of the machines you see
before you.
99 February 9, 1995
Commissioner Gort: They're retaining those, is my understanding.
Vice Mayor Plummer: OK. Hey, look, all I'm saying to you is, a lot of things are going to have
to change around here, and that's not my saying.
Chief Carlos Gimenez: Commissioner, the... This was part of...
Vice Mayor Plummer: Hey, excuse me, excuse me. I'll move the item. I'll move item 14. But
I'm going to be questioning...
Mayor Clark: Is there a second?
Commissioner Gort: I'll second the item. In seconding the item, I'd like for the Chief to
explain. My understanding, because I might be wrong. My interpretation of reading this item is
that this is... We had, on a trial basis, we had... we were utilizing these instruments. They have
not worked for us as efficient as it was promised. We are sending these back to the
manufacturer, and we're selecting another firm.
Mr. Gimenez: That's correct. We got this money from the State of Florida for this program, so
this is something that came as a grant from the State of Florida.
Vice Mayor Plummer: Chief, just remember one thing.
Chief Gimenez: Mm-hmm.
Vice Mayor Plummer: This amount of money represents two employees. Just remember that at
budget time.
Chief Gimenez: This is a... This is a grant from the State of Florida for...
Vice Mayor Plummer: OK.
Chief Gimenez: The only way you get that grant is to new and improved services.
Vice Mayor Plummer: Chief...
Chief Gimenez: They don't pay for employees.
Vice Mayor Plummer: ... this amount of money represents two employees. Just remember.
Chief Gimenez: I can't use this money for employees, sir.
Vice Mayor Plummer: I didn't say that.
Chief Gimenez: This money is...
Vice Mayor Plummer: I didn't say that.
Chief Gimenez: OK.
Vice Mayor Plummer: OK. Proceed.
Mayor Clark: Motion and a second. Call the roll... Wait, wait a minute. What...
100 February 9, 1995
Mr. Manuel Gonzalez-Goenaga: Wait. Public hearing.
Mayor Clark: What do you want to wait tor?
Mr. Gonzalez-Goenaga: I am waiting until you finish your phone call, because this is a public
hearing.
Mayor Clark: I'm finished that phone call, and this is the last time you talk today. Go ahead.
I'm telling you what you're going to get.
Mr. Gonzalez-Goenaga: No. We are the pillars of democracy in practice. Well, let me tell you,
Commissioners, and I am addressing all of you in general, including the empty chair. These...
We complain sometimes about little things, of little money. The issue is that the Fire
Department, they deal with the citizens to save our life. Anything that is spent in order to
provide health, preventive health, because I have had to use the services of the Fire Department,
and they even take you their blood pressure free of charge. But, you see, we complain about
saving lives of individuals, but we don't complain about buying books and batons for the police,
and flashlights, to kill individuals, because they don't need guns to kill the citizens now. So it's
a shame that you question something that is to prevent the deaths of individuals.
Mayor Clark: Thank you for your comments.
Mr. Gonzalez-Goenaga: I sincerely hope that you become more compassionate with the sick
people.
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: And if we don't have the money, we still have credit cards.
Mayor Clark: Thank you, sir. Thank you.
Mr. Gonzalez-Goenaga: We can use Mr. Odio's credit card.
Mr. Odio: The next time they come from the Fire Department, please don't do it.
Commissioner De Yurre: It's the new PR (public relations) for Chief Gimenez.
Mayor Clark: Yes. Call the roll, Madam Clerk.
101 February 9, 1995
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 95-85
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF TH
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARIN(
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVIN
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVIN
THE ACQUISITION OF TEN (10) LIFE PAK 11. DEFIBRILLATORS FOR TH
DEPARTMENT OF FIRE -RESCUE, FROM PHYSIO CONTROL CORPORATION A
A PROPOSED ESTIMATED COST OF $100,212.00, ALLOCATING FUND
THEREFOR FROM C.I.P. ACCOUNT CODE NO. 289901-956 ($50,820.00) AN
ACCOUNT CODE NO 389901-840 ($49,392.00); AUTHORIZING THE CIT
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICE TO ISSUE
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the Ci
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted 1
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
18. WAIVE REQUIREMENTS OF CITY CODE (SECTION 2-302) AS IT
PERTAINS TO WILLIAM RAMOS, CURRENTLY SERVING ON THE
COMMUNITY DEVELOPMENT ADVISORY BOARD, IN RELATION TO
HIS EMPLOYMENT WITH THE PUBLIC SERVICE AGENCY, ASPIRA,
INC., WHICH RECEIVES COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS.
Mayor Clark: Item number 16.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: No exception, cast a unanimous...
Vice Mayor Plummer: No, it's four -fifths vote, Mr. Mayor.
Mayor Clark: Well, there's four people.
102 February 9, 199_
Vice Mayor Plummer: Can you do a resolution with a four -fifths that way?
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Mr. Odio: You need four -fifths.
Mayor Clark: Well, we got four people here. Let's see what happens.
Mr. Odio: You got four people here.
COMMISSIONER DAWKINS ENTERED THE COMMISSION
CHAMBER AT 2:49 P.M.
Commissioner Dawkins: You got five.
Commissioner Gort: You got five, there you go.
Mayor Clark: All in favor of the motion, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-86
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE CI1
COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, TI:
PROHIBITION CONTAINED IN SECTION 2-302 OF THE CODE OF THE CITY t
MIAMI, FLORIDA, AS AMENDED, AS SUCH PROHIBITION PERTAINS 1
WILLIAM RAMOS, WHO SERVES ON THE CITY OF MIAMI CITY-WIL
COMMUNITY DEVELOPMENT ADVISORY BOARD, IN RELATION TO H
EMPLOYMENT WITH THE PUBLIC SERVICE AGENCY KNOWN AS ASPIR.
INC., WHICH AGENCY RECEIVES COMMUNITY DEVELOPMENT BLOC
GRANT FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the Ci
Clerk.)
103 February 9, 199`
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
19. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE BIDS -- APPROVE PURCHASE OF A
FORENSIC DRYING CABINET FROM DENLEY INSTRUMENTS, INC. --
FOR POLICE DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 17.
Vice Mayor Plummer: I guess there's somebody here going to tell me that this is absolutely
necessary, can't do without it.
Mr. Cesar Odio (City Manager): This is, because right now, we're using Dade County Medical
Examiner's facility for the purpose of drying blood-soaked evidence, and we need to have this
within our capability.
Vice Mayor Plummer: Has the Medical Examiner objected to you using his?
Lt. Joseph Longueira: Yes, sir. What's happened is, their facilities are overburdened. They've
notified everybody that they have to get their own facilities.
Vice Mayor Plummer: OK, guys. That's $17,000. Remember it at budget time. I'm going to
remind you. I move it, Mr. Mayor.
Mayor Clark: All right. Motion and a second. Cast a... If there's no exception, cast a
unanimous ballot.
104 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-87
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A FORENSIC DRYING CABINET FROM DENLEY
INSTRUMENTS, INC., THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT,
AT A PROPOSED TOTAL COST OF $16,835.00 FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
290201-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICE TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
20. APPROVE QUALIFIED NOMINEES FOR UNIVERSITY OF MIAMI
SCHOLARSHIP PROGRAM FOR 1995-96 ACADEMIC YEAR. (Approved
were: Jorge Davalos, Miguel Angel Gimenez, Eva -Florence Goyette, Ivania
Jimenez, Mario Junco, Reinaldo Ortiz & Lorena Vollrath-Bueno.)
Mayor Clark: Item 18.
Vice Mayor Plummer: Mr. Mayor, I'll give you what this is, and to Mr. Gort, also. Every year,
we have the availability of scholarships, predicated on the MAST (Maritime and Science
Technology) Academy being turned over to Dade County School System through the University
of Miami. They got a very large sum of money, and we got ten partial scholarships every year.
We have the ability, if we wish, to name students who would be interested in the Rosenstiel
School, I guess, kind of a setup. We did agree that, to keep politics out of it, that we would
surrender all the names to the School Board, who has a committee which evaluates all
scholarships.
105 February 9, 1995
Mayor Clark: Are you sure there's no politics involved there?
Vice Mayor Plummer: Well, I'm not, no, sir, but I would say that the history that we've done
over the period of years has proven satisfactory. Would you agree?
Mr. Cyrus Jollivette: I do.
Vice Mayor Plummer: And here it is. If you have any names that you wish to surrender, you
may do so, and I will let them take it from there.
Mayor Clark: All right. Mr. Jollivette.
Mr. Jollivette: Mr. Mayor, Mr. Vice Mayor, Mr. Manager, I'm Cyrus Jollivette. I reside at 2333
Brickell Avenue, in the City of Miami, and I appear before you in my capacity as vice president
of government relations for the University of Miami. I'm pleased to be here today to talk with
you about the City of Miami Scholarship Program. As Mr. Plummer has indicated, under the
conditions of this program, the University of Miami has provided 120 one-year scholarships to
be awarded over a period of years. Each entering scholarship recipient, if he or she continues
through to graduation in four years, will use four scholarships. We assume that we would award
30 over a period of time. If, however, a student does not continue to graduation, the number of
years remaining on his or her scholarship could be awarded to another entering student, or they
could be applied to a student who is enrolled in a program of study which requires more than
four years to complete. For instance, architecture is a five-year program at the University of
Miami. As of the current semester, 37 and one half scholarships have been used, leaving 82 and
one half available. Currently, there are four classes of scholarship students, those who entered in
the fall of 1991, '92, '93, and '94. A total of 22 students have been awarded the scholarship, 16
students have accepted the scholarship and enrolled at the University of Miami, two of the
students have graduated, one student has withdrawn because of personal reasons, and one student
has been placed on academic probation imposed by the College of Arts and Sciences. She is
currently eligible to continue her studies; however, she is not currently enrolled. A total of 12
students are in good standing and are attending the classes. On January 27th, my colleague, Paul
Orehovec, the vice provost and dean of enrollments, forwarded to the Commission a letter
indicating our compliance with the terms of a resolution passed by you on December 5, 1991,
and we provided with you a list of the students who have complied with those requirements,
submitted their applications, and have been screened. And we come before you today to ask
your ascent in this regard.
Mayor Clark: All right. Is there a motion?
Vice Mayor Plummer: I have no names to proffer at this time.
Commissioner Gort: My understanding was we were requested to send some names in, and
some of us did send it in before.
Vice Mayor Plummer: Correct.
Commissioner Gort: And this is what you're recommending to be approved, the names of the
people that are here?
Mr. Jollivette: Yes. Under Resolution 91-909, which you adopted on December 5, the
university distributes application packets to all Dade County public schools, and to high school
cap advisors. On October 13, 1994, Mr. Orehovec mailed application packets to each of you for
your use in submitting names of the students. Then the university reviews the list of submitted
eligible students to verify compliance with the criteria established by the resolution that the
106 February 9, 1995
student would be admitted under the normal procedures of the University of Miami and policies;
the student would demonstrate financial need, according to the Federal method for determining
financial aid; and that each of the applicants would be a bona fide resident of the City of Miami.
We submitted to you on January 27th a list of the qualified nominees, and those... There are
seven names that were submitted to you as Attachment A to that letter, and they meet the
criteria.
Commissioner Gort: So you cannot be... vote and award a similar scholarship today; is that
correct?
Mr. Jollivette: Yes.
Vice Mayor Plummer: How many?
Commissioner Gort: Seven.
Mr. Jollivette: There are seven students who have qualified.
Vice Mayor Plummer: Have they gone before the School Board's board?
Mr. Jollivette: Yes. The same procedure as outlined in your resolution from 1991 was adhered
to.
Vice Mayor Plummer: You know the only thing that bothers me? In my years here, I don't
remember one of those students ever coming here and saying thank you. That bothers me.
Anyhow, what do you want us to do? To approve this list?
Commissioner Gort: So moved.
Mr. Jollivette: I certainly would hope so.
Mayor Clark: Is there a second? With no exception, cast a unanimous ballot, item 18. Thank
you, Mr. Jollivette.
Mr. Jollivette: Thank you very much.
107 February 9, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-88
A RESOLUTION ACCEPTING THE NOMINATION OF CERTAIN INDIVIDUALS
TO BE RECIPIENTS OF ONE-YEAR, HALF -TUITION SCHOLARSHIPS
AWARDED UNDER THE CITY OF MIAMI SPONSORED UNIVERSITY OF MIAMI
SCHOLARSHIP PROGRAM, APPROVED BY RESOLUTION NO. 89-1152,
ADOPTED DECEMBER 14,1989, AND RESOLUTION NO. 91-909, ADOPTED
DECEMBER 5, 1991.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
21. PERSONAL APPEARANCE: MS. GLORIA BANGO, MAYOR OF
SWEETWATER TO REQUEST DONATION OF SURPLUS VEHICLES --
GRANT REQUEST, WHEN VEHICLES BECOME AVAILABLE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 18.
Mr. Cesar Odio (City Manager): That's it. Nineteen, Mr. Mayor.
Vice Mayor Plummer: That was it then. We're on 19.
Mr. Odio: The Mayor of Sweetwater asked for some rubbish trucks, Mr. Mayor, two of them,
and four pickup trucks.
Mayor Clark: Do you have the material? Do you have the...
Mr. Ron Williams (Assistant City Manager): They have not been declared, Mr. Mayor, surplus
at this time. However, once they do become available, certainly, within the one-year period, as
we have handled it in the past, we could provide them.
Mayor Clark: Do you need a motion now?
Mr. Williams: Yes, sir.
108 February 9, 1995
Mr. Odio: Yes, sir.
Mayor Clark: Mr. Gort.
Commissioner Gort: So move.
Mayor Clark: When they become available.
Commissioner Dawkins: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-89
A RESOLUTION CLASSIFYING TWO (2) RUBBISH TRUCKS AND FOUR (4)
PICKUP TRUCKS AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH
VEHICLES BECOME AVAILABLE; FURTHER STIPULATING THAT, IN SUCH
CASE, SAID VEHICLES SHALL BE DONATED TO THE CITY OF SWEETWATER,
FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN
FEBRUARY 9, 1995 AND FEBRUARY 8, 1996, UPON THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
109 February 9, 1995
----------------------------------------------------------------------------------------------------------------
22. PERSONAL APPEARANCE: MS. GLORIA BANGO, MAYOR OF
SWEETWATER TO REQUEST DONATION OF SIX MIAMI POLICE
DEPARTMENT MOTORCYCLES -- COMMISSION AGREES TO DONATE
SIX MOTORCYCLES EACH TO SWEETWATER, OPA-LOCKA AND FOUR
TO COSTA RICA, WHEN AVAILABLE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 20.
Mr. Cesar Odio (City Manager): Same thing, Mr. Mayor. The Police Chief is in dire need of
motorcycles, and I would like to recommend that we do that, when they become available.
Mr. Ron Williams (Assistant City Manager): Again, once we've met all of our needs with
motors on the streets, and spares, and surplus vehicles become available.
Commissioner De Yurre: Is that with the understanding that no City of Miami resident gets
ticketed or stopped with these vehicles?
Chief Rafael Hernandez: I can't promise you that, sir.
Commissioner Gort: So move.
Vice Mayor Plummer: That's good. Then, you don't get no motors. That's easy enough.
Chief Hernandez: I will say thank you, that's for sure. I'd like to say thank you.
Vice Mayor Plummer: You will give Mr. De Yurre a ticket with a smile, right?
Mayor Clark: Put on your mike.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Williams: I don't know exactly. At this point, we've got 20 motors, Commissioner
Dawkins. As you know, the Commission approved those a while back. So we have new bikes
on the streets. What I want to do is review what we have. I think we must have ten to 12 left
there, make sure that we've got sufficient spares for our officers, and if we need any for parts,
and then determine the rest to be surplus.
Commissioner Dawkins: OK. I have a motion after this.
Mayor Clark: All right. I'm looking for a motion.
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Is this 19 and 20?
Commissioner Dawkins: We did vote on this?
Mayor Clark: Yes. We voted on 19.
110 February 9, 1995
Commissioner Dawkins: OK. I want six motors... I move that six motor bikes be made
available to Opa Locka on the same basis that we made these six available.
Vice Mayor Plummer: Can I amend that? Any beyond the six, that... I have a request - I just
came back from Costa Rica - that there would be four available after you get your six. OK?
Commissioner Dawkins: OK.
Mayor Clark: Wherever they fall in line.
Vice Mayor Plummer: Hey, if you don't have them, you don't have them.
Mayor Clark: All right. You got what you need now, Chief.
Chief Hernandez: Thank you very much.
Mayor Clark: All those in favor, signify by saying "aye". Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-90
A RESOLUTION CLASSIFYING SIXTEEN (16) SURPLUS MIAMI POLICE
DEPARTMENT MOTORCYCLES AS CATEGORY "A" SURPLUS STOCK,
SHOULD SUCH VEHICLES BECOME AVAILABLE; FURTHER DONATING THE
SAME, RESPECTIVELY, TO RECIPIENTS AS SPECIFIED HEREIN, SUCH
DONATIONS TO BE VALID AND EFFECTIVE BETWEEN FEBRUARY 9, 1995
AND FEBRUARY 8, 1996, UPON THE EXECUTION OF THE APPROPRIATE
RELEASE DOCUMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
ill February 9, 1995
----------------------------------------------------------------------------------------------------------
23. PERSONAL APPEARANCE: MICHAEL FINOCCHIRO FROM THE MIAMI
INTERNATIONAL CONSTRUCTION SHOW / EXPO (MIACOM) -- REFER
REQUEST FOR WAIVER OF FEES FOR USE OF COCONUT GROVE
CONVENTION CENTER FOR THEIR EVENT (OCTOBER, 1995) TO THE
INTERNATIONAL TRADE BOARD.
Mayor Clark: Item 22.
Vice Mayor Plummer: Wait. What happened to 21?
Mayor Clark: We just passed it.
Commissioner Gort: No.
Mr. Cesar Odio (City Manager): I believe 21 is asking - I don't know if they're here - for the
waiver of fees at the Coconut Grove Exhibition Center.
Mayor Clark: Is a representative here?
Mr. Michael Finocchiro: Right here.
Mayor Clark: Let me ask you, how much profit did you make last year?
Mr. Finocchiro: We don't make any. We broke even.
Mayor Clark: That wasn't my understanding, but I guess...
Vice Mayor Plummer: Well, what is MIACOM?
Mr. Finocchiro: MIACOM is the Miami International Construction Show Expo. My name is
Michael Finocchiro. I'm the president, and I live at 3551 Southwest 23rd Terrace. Last year, we
put on a show, an incredible show in the City of Miami - excuse me - in Dade County. And we
brought in 8,000 buyers from Latin America and the Caribbean. Basically, what we're focusing
on here is international trade.
Vice Mayor Plummer: Sir, is this a profit or nonprofit?
Mr. Finocchiro: It's for profit.
Vice Mayor Plummer: Do you sell admission?
Mr. Finocchiro: No. And it depends on the subscription. We have subscriptions, we have
seminars in Latin America. It's free to the public.
Vice Mayor Plummer: And when is this show, sir, scheduled?
Mr. Finocchiro: It's going to be held in October.
Vice Mayor Plummer: Then I would strongly suggest that you contact Mr. De Yurre, who is
head and chairman of International Trade Board.
112 February 9, 1995
Mr. Finocchiro: OK. I have done that already. Mr....
Vice Mayor Plummer: And that if, in fact, he recommends it through his board, I think we
would look at it differently. Today, if it was a vote, I think you would get nothing.
Commissioner De Yurre: How much is he looking for? How much are you looking for?
Mr. Finocchiro: I'm looking for the waiver of the Coconut Grove Convention Center.
Commissioner De Yurre: How much is that?
Mr. Finocchiro: I think it's around $30,000.
Mr. Odio: Forty-five thousand dollars.
Commissioner De Yurre: Forty-five thousand dollars.
Mr. Odio: And I strongly recommend against it.
Vice Mayor Plummer: And... Excuse me. Just for the record, you were not listening then, was,
this is a profit -making venture.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Only thing I sent it to you was, it is of an international nature.
Commissioner De Yurre: We are helping already. We gave him them $4500 minimum, if I'm
not mistaken.
Mr. Finocchiro: Yes.
Commissioner De Yurre: OK.
Mr. Finocchiro: Let me explain a couple of things, gentlemen.
Commissioner De Yurre: Let me tell you, it's a good show, and they started last year. They did
very well, and...
Mr. Odio: I think it's great, but we don't have the resources to do the show, Commissioner. I
tell you, $45,000 is a lot of money for that facility.
Commissioner De Yurre: I think... You know, what we may do is bring it back, and come back
with a recommendation, but maybe along the lines of us fronting the money, and guaranteeing
that the first monies off the top come back to pay us, and maybe help them in that cash flow
scenario.
Mr. Finocchiro: Well, I'm investing all of that extra money that you haven't given me... You're
not giving me money. What you're giving me is the opportunity to bring international trade to
Miami.
Commissioner Dawkins: And that doesn't transform into money for you?
Mr. Finocchiro: That transforms into money, that's correct.
113 February 9, 1995
Commissioner Dawkins: Into money to you. OK, so it's money.
Mr. Finocchiro: It transforms into money. But it also transforms into earnings for the City.
Mayor Clark: Easy, easy, easy here.
Commissioner Dawkins: OK. All right. But it's money we're giving you.
Mr. Finocchiro: Yes, it is.
Commissioner Dawkins: OK. Thank you. Don't say that we're not giving it to you.
Mr. Finocchiro: No, absolutely.
Mayor Clark: What's the pleasure of the Commission?
Mr. Finocchiro: What I'm asking for is a cosponsorship for the City of Miami.
Mayor Clark: We realize. We know that. Please relax.
Vice Mayor Plummer: I would make a motion at this time that we transfer it, defer it over to Mr.
De Yurre's ITB (International Trade Board).
Mayor Clark: Let the Board vote on it. All right. Is there a second to that motion?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot. You'll have to go before the ITB Board before you
come down here.
Mr. Finocchiro: OK.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-91
A MOTION REFERRING TO THE INTERNATIONAL TRADE BOARD REQUEST
(FOR WAIVER OF THE RENTAL FEE FOR USE OF THE COCONUT GROVE
CONVENTION CENTER) MADE BY REPRESENTATIVE OF MIAMI
INTERNATIONAL CONSTRUCTION SHOW/EXPO, KNOWN AS "MIACOM."
114 February 9, 1995
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------
24. PERSONAL APPEARANCE: RONALD SCHRAM FROM RIVERGATE
PLAZA, LTD. TO REQUEST REINSTATEMENT OF HELISTOP USE AT
FORMER U.S. CUSTOMS BUILDING (RIVERGATE PLAZA WEST, 99 S.E.
5 STREET).
Mayor Clark: Item number 22.
Commissioner De Yurre: We did a lot more with $12,000.
Vice Mayor Plummer: What?
Mayor Clark: Item 22.
Mr. Ronald Schram: Mr. Mayor and members of the Commission, my name is Ronald Schram,
444 Brickell Avenue, Miami, Florida.
Vice Mayor Plummer: Is this only for the use of the Customs? No other helicopter can land
there?
Mr. Schram: It's not for Customs, but to utilize the helipad that is on top of what is known as
the Customs Building.
Vice Mayor Plummer: On the river.
Mr. Schram: Yes, sir.
Vice Mayor Plummer: But it's not for Customs? This is not for governmental use?
Mr. Schram: It would be... We, currently, in that building, are Customs, Immigration and
Natural... INS, as well as other governmental agencies, as well as private enterprise.
Vice Mayor Plummer: Would it be for their use only?
Mr. Schram: No, sir.
Vice Mayor Plummer: Then I will not vote for it. Go ahead. You can make your pitch, but I
won't vote for it.
115 February 9, 1995
Mr. Schram: Yes, sir. On top of the building that sits behind 444 Brickell Avenue is a four-
story building that is locally known as the Customs Building. Customs only currently occupies
about ten percent of that building. There is, on top of that building, a helipad that had been used
for many years by Customs. We would like to apply to the City of Miami to create an ordinance
that would allow the use of that helipad for this building, both for government and other non-
governmental purposes. We had contacted the Department of Transportation. They have
favorably recommended it. We've contacted the Federal... FAA (Federal Aviation
Administration), and they have positively recommended it. The Brickell Avenue Association
has positively recommended it. And we feel that there is no other rooftop helipad in the
downtown Miami area, and this would be beneficial to the Brickell Avenue and downtown areas.
Vice Mayor Plummer: Did you check with the Hyatt Hotel, who would be affected by the noise
every time that thing lands and takes oft"?
Mr. Schram: Sir, we were told that the proper procedure to follow at this point was to request a
hearing before this Commission, not to ask permission to do it, but to create a...
Vice Mayor Plummer: No, it's not.
Mr. Schram: ... where you could allow this, the zoning category, with a special exception. Once
this Commission creates that enabling legislation, we will then apply for a special exception, and
I'm certain that all of the adjacent, nearby property owners would be notified, and there would
be a public hearing at the time of the special exception.
Mayor Clark: Why is this being that... they can't go to the heliport over at Watson Island or
something?
Vice Mayor Plummer: And there's also one, Mr. Mayor, if I'm not mistaken, on top of the bank
building.
Mr. Schram: The one on top...
Commissioner De Yurre: Well, they can't use that one anymore, because they got some
antennas now that they're renting out.
Mr. Schram: The top of the former CenTrust or International Place Building, NationsBank
Building...
Mayor Clark: Is this a business use?
Vice Mayor Plummer: Of course.
Mayor Clark: I want to hear from the man, now. I'm not talking about burying people.
Mr. Schram: Yes. My partner, Frank Hessel and I purchased Rivergate Plaza about six months
ago. We've been renovating the building. It's our intention to try to restore a building that had
been only a third occupied. And one of the services that we thought that we could offer tenants
in the building, as well as other people in the area, both business and governmental, is the use of
an existing helipad that sits on top of the building. It was used for many years. The various
governmental agencies outside the City of Miami believe that this would be a beneficial use, and
would help the area.
116 February 9, 1995
Mr. Cesar Odio (City Manager): The only problem, if I may, and we need to encourage this, I
think it's a good idea to have helipads, but we have to just see how it would fit with the 2.50-
story towers that are going up 500 feet from it.
Commissioner De Yurre: Well, you know where the 444 Building is. It doesn't even get to the
other area.
Mr. Odio: Right. So if there's no problem with those buildings, I think we should...
Commissioner De Yurre: That's not a problem. I would encourage... I think it's a good idea,
you know. In a City like Miami, that is limited to just the helipad on Watson Island, which, right
now, it's in limbo, as far as our rights and trying to get it back, I think that, you know, we should
go ahead with this one.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: My understanding, in reading the information that I have here, before
anything can be approved, it would have to come back in front of us, with a recommendation
from the different departments, Federal, State, and so on.
Mr. Schram: Yes, sir.
Commissioner Gort: I don't have any problem, J.L., in having a study done on this. Maybe
you... it could be useful.
Vice Mayor Plummer: Well, excuse me. Just for the record, what I read before me says to
reinstate the use. It doesn't anything about a study. It doesn't say anything about going back to
the Board. It said to reinstate the use.
Mr. Odio: A request... of request reinstatement, and we have to start the process...
Vice Mayor Plummer: A request to reinstate, they're requesting of us.
Commissioner De Yurre: The process.
Mr. Odio: The process has to start here.
Mayor Clark: All right, OK. Let's don't hammer it to death.
Commissioner Gort: Excuse me, excuse me, Mr. Mayor. I think it's very important. I'm
reading, then... If I'm wrong, please, somebody, tell me. I'm reading my information package
where the letter has been written by Sergio Rodriguez, who is the director of our Planning
Department. We're stating that they have to get permission for allowing this from the U.S.
Government, which expired in 1980. This use is not permitted within the district.
Vice Mayor Plummer: Willy, I'm reading from the agenda.
Commissioner Gort: OK. But I'm reading the information package. That's why I'd like to hear
from staff.
Mayor Clark: Have you got a motion?
Mr. Odio: We're requesting permission to begin the process.
117 February 9, 1995
Mayor Clark: All right.
Commissioner De Yurre: So moved.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any exception? Call the roll.
Vice Mayor Plummer: Well, Mr. Mayor, did you want to insert something there?
Mayor Clark: No.
Vice Mayor Plummer: The free use of the City?
Commissioner Gort: It's got to come back to us.
Mayor Clark: Will the City have availability to use that? The City of Miami?
Vice Mayor Plummer: That he...
Mr. Odio: Well, I guess if our police helicopters would need landing there at any time or any
other official business...
Mr. Schram: We don't have any problem with that.
Mayor Clark: And use of the helicopter, too, if we need it.
Mr. Schram: As long as there is proper insurance or whatever, you know, is required.
Vice Mayor Plummer: Get it in the record.
Mr. Odio: Thank you.
Mayor Clark: All right. Call the roll.
118 February 9, 1995
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-92
A MOTION DIRECTING THE ADMINISTRATION TO BEGIN THE PROCESS
NECESSARY TO REINSTATE A HELISTOP AT THE RIVERGATE PLAZA WEST,
99 S.E. 5 STREET (FORMER U.S. CUSTOMS BUILDING).
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
Ms. Matty Hirai (City Clerk): The issue passes.
----------------------------------------------------------------------------------------------------------------
25. BRIEF DISCUSSION CONCERNING THE OVERTOWN ADVISORY
BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 23 has been withdrawn.
Mr. Odio: They have been withdrawn, 23 and 23-A, both, have been withdrawn.
Mr. Robert McKinney: In reference to item 23...
Mr. Odio: Excuse me, excuse me.
Mayor Clark: Please.
Mr. Odio: Are you Donald Benjamin? I met with Mr. Benjamin this morning, and we agreed
that this item was withdrawn.
119 February 9, 1995
Mr. McKinney: Well, I was advised also, but that's not the item that. I wish to have withdrawn.
In reference to the ordinance regarding the Overtown Advisory Board that is going to be
effective on February 12th, you passed it on January 12th, it would become effective on
February 12th, and, in fact, staff was instructed to investigate the information I brought to the
Commission. And, in fact, I've done everything I can to get this matter before the Commission,
and it has to be heard today.
Mr. Odio: Which item?
Mr. McKinney: No, it is not item... I'm seeking to have this heard as a pocket item at this time.
It relates... It relates to 23. What happens is, if you don't do anything, in fact, the ordinance in
reference to the Overtown Advisory Board is going to become law on February 12th. And that
should not happen, because I came before this Commission, I explained to you...
Vice Mayor Plummer: Our policy.
Commissioner Gort: My understanding was, a motion was to be approved, unless proven
differently, that things were not done in the way it should be done.
Vice Mayor Plummer: No, but our long-standing policy is, is that if we don't act on it today...
Mayor Clark: It stays an ordinance.
Vice Mayor Plummer: ... those members stay until their successors have been named. So it
doesn't come to an end.
Mr. McKinney: No, no, no. We're not... I need to get the ordinance number for you. In
reference to the review...
Vice Mayor Plummer: All right, sir, may I stop you? The policy of the Commission is any
pocket items come up after eight o'clock at night. You're talking about a pocket.
Mr. McKinney: Well, if somebody is going to move this as a pocket item, I'll be very happy to
come back at eight o'clock at night.
Vice Mayor Plummer: I have my two, sir.
Mr. McKinney: Or...
Commissioner Dawkins: I don't think nobody is going to move it. The Manager asked that it be
deferred. I don't think... I don't plan to bring it as a pocket item.
Mr. McKinney: Well, Commissioner Dawkins, it's not the correct item. The item I'm speaking
to has nothing to do with the item that Donald Benjamin scheduled on 23. I received calls from
the Mayor's office and the Manager's office saying that item 23 was withdrawn. What I'm
saying to you is, that is not the item that I am raising at this time at all.
Commissioner Dawkins: Attorney McKinney, you said that you are speaking to a pocket item;
is that correct?
Mr. McKinney: I'm asking this Commission at this time for someone to hear this item as a
pocket item because...
Commissioner Dawkins: Nobody is going to do that, so you don't have anything to talk to
120 February 9, 1995
Mayor Clark: OK. Next item. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
26. GRANT REQUEST BY REPRESENTATIVE OF COCONUT GROVE
ASSOCIATION TO AUTHORIZE ISSUANCE OF PERMIT TO SELL
ALCOHOLIC BEVERAGES DURING 32ND ANNUAL COCONUT GROVE
ARTS FESTIVAL (FEBRUARY 18-20, 1995).
Mayor Clark: Item 24. Motion on item 24.
Vice Mayor Plummer: May I ask what happened with...
Commissioner Dawkins: 23-A, we didn't hear 23-A.
Vice Mayor Plummer: What happened to 23-A?
Mayor Clark: It's supposed to have been withdrawn. It's been withdrawn.
Vice Mayor Plummer: Mr. Mayor...
Mr. Cesar Odio (City Manager): Twenty -three -A is withdrawn. Withdrawn.
Vice Mayor Plummer: Why?
Commissioner Dawkins: Why?
Vice Mayor Plummer: I'm asking the question, why?
Commissioner Dawkins: Why?
Mr. Odio: They called and said they want it withdrawn.
Commissioner Dawkins: "They," who?
Mr. Odio: The people from the organization that had requested to appear here, Coconut Grove
Arts Festival.
Vice Mayor Plummer: What about - excuse me. Was not to be incorporated... They came to me
talking about you were asking near $6,000 from them in fees, where they had normally, every
year, paid $1300. Frank?
Mr. Frank Castaneda: They never discussed that issue with me. The issue that they wanted to
bring up...
Vice Mayor Plummer: Well, they said to me that they had to have it today because the festival is
next week.
Mr. Castaneda: Well, the issue that they brought to me was the issue that they wanted a waiver
of alcoholic beverage for the streets.
121 February 9, 1995
Vice Mayor Plummer: How much are the fees for them?
Mr. Castaneda: I don't have it with me, but I'll get it back to you.
Vice Mayor Plummer: All right. Before the end of the day, would you please come back to me
and tell me, number one, how much they paid last year, how much you're looking for this year,
and then I'll know.
Mr. Odio: We should charge a dollar per person that goes into that park.
Vice Mayor Plummer: I wish we could.
Mr. Odio: I'm telling you.
Vice Mayor Plummer: Now, Frank, are you making a determination that Thelma Gibson, for the
Gibson Memorial, that sells the fruit punch, and it has a little punch in it, is not legal?
Mr. Castaneda: That's the issue. They have raised the issue that it has rum, and rum can only be
waived by the City Commission.
Vice Mayor Plummer: Mr. Mayor, I would move at this time that the fruit punch sold at the art
festival be allowed to be sold, as it has been for years, infinitum.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-93
A RESOLUTION RELATED TO THE COCONUT GROVE ARTS FESTIVAL TO BE
CONDUCTED FEBRUARY 18-20, 1995, BY THE COCONUT GROVE
ASSOCIATION, INC.; AUTHORIZING THE ISSUANCE OF A THREE-DAY
PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT
IN THE AREA OF MCFARLANE ROAD, GRAND AVENUE, COMMODORE
PLAZA, MAIN HIGHWAY, FULLER STREET AND SOUTH BAYSHORE DROVE
TO DARWIN STREET IN COCONUT GROVE, MIAMI, FLORIDA; SUBJECT TO
THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PA PING 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.)
122 February 9, 1995
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Next item, 24.
Vice Mayor Plummer: But I'd still like to hear back on the fees, please.
Mayor Clark: All right.
----------------------------------------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE
X (SECTIONS 2-393, 2-403, 2-404, 2-405, 2-406, 2-407, 2-408 AND 2-409) --
TO PROVIDE ENFORCEMENT PROCEDURES AND CIVIL PENALTIES
FOR CODE ENFORCEMENT VIOLATIONS.
Mayor Clark: Twenty-four.
Vice Mayor Plummer: Well, I moved it before. I'll move it again.
Mayor Clark: Is there a second?
Commissioner Gort: This is the...
A. Quinn Jones, III, Esq. (City Attorney): Yeah, let me read the ordinance.
Vice Mayor Plummer: Read the ordinance.
Mayor Clark: All right. Please read it. Call the roll, Madam Clerk.
123 February 9, 1995
MIN
An Ordinance entitled -
AN ORDINANCE RELATING TO CODE ENFORCEMENT, BY AMENDING
CHAPTER 2, ARTICLE X, SECTIONS 2-393, 2-403, 2-404, 2-405, 2-406, 2-407, 2-
408, AND 2-409, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED TO PROVIDE ENFORCEMENT PROCEDURES AND CIVIL
PENALTIES FOR CODE ENFORCEMENT VIOLATIONS; 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 November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11213.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------------------------------------- -------------- -----------------------------------------
28. SECOND READING ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE
X, SECTION 2-397 -- TO PROVIDE FEE SCHEDULE FOR MITIGATION OF
ACCUMULATED FINES IMPOSED BY CODE ENFORCEMENT BOARD.
Vice Mayor Plummer: I moved before 25,1 do it again.
Mayor Clark: All right.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance. Mr. Manager, are you collecting any fees?
Mr. Cesar Odio (City Manager): We have people now working full-time on this, Mr. Mayor.
Mayor Clark: All right. Call the roll, Madam Clerk.
Mr. Odio: From the City.
Vice Mayor Plummer: We're really going to find out, Mr. Mayor, whether they've got a
hundred million dollars there or not.
124 February 9, 1995
Mayor Clark: Well, we will.
An Ordinance entitled -
AN ORDINANCE RELATING TO CODE ENFORCEMENT, BY AMENDING
CHAPTER 2, ARTICLE X, SECTION 2-397 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING A FEE SCHEDULE
FOR THE MITIGATION OF ACCUMULATED FINES WHICH ARE IMPOSED BY
THE CODE ENFORCEMENT BOARD; 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 November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11214.
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.
----------------------------------------------------------------------------------------------------------------
29. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: DERELICT VESSEL REMOVAL GRANT PROGRAM --
APPROPRIATE $28,057 FROM FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION GRANT -- ACCEPT GRANT --
EXECUTE NECESSARY DOCUMENTS.
Mayor Clark: Item 26.
Vice Mayor Plummer: I'll move it.
Commissioner Gort: This, from my understanding, is a grant from the State.
Mr. Cesar Odio (City Manager): It is a grant from the Department of Environmental Protection.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance. Call the roll.
125 February 9, 1995
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DERELICT VESSEL REMOVAL GRANT PROGRAM", AND
APPROPRIATING FUNDS IN THE AMOUNT OF $28,057.00 FOR SAID FUND
FROM MONIES RECEIVED BY A GRANT FROM THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO IMPLEMENT SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of January 12, 1995, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11215.
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.
----------------------------------------------------------------------------------------------------------------
30. SECOND READING ORDINANCE: AMEND 11180 (ANNUAL
APPROPRIATIONS ORDINANCE FOR FY'95) -- ESTABLISH NEW
ENTERPRISE FUND: MARINE STADIUM MARINA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 27.
Vice Mayor Plummer: Move it. Is there anybody else here?
Commissioner Gort: Are we going to have a profit and loss statement on this thing?
Mayor Clark: Is there a second?
Commissioner Gort: Yeah, I'll second it but...
Commissioner Dawkins: Under discussion. It's been seconded?
Mayor Clark: Yeah.
126 February 9, 1995
Commissioner Dawkins: All right. It was moved. This is the second reading, but this is
$778,442. This is going to... It's within the...
Vice Mayor Plummer: Twenty-seven?
Commissioner Dawkins: It's within the general fund?
Commissioner Gort: No. My understanding is... I need a P&L (Profit and Loss) statement.
Mr. Cesar Odio (City Manager): Twenty-seven, we're talking about. This is the marina.
Vice Mayor Plummer: The Marine Stadium Marina.
Mr. Odio: ... that we took over at the Marine Stadium, sir.
Vice Mayor Plummer: Oh, oh.
Mr. Odio: The boatyard...
Commissioner Dawkins: Yes.
Mr. Odio: ... hat we took over at the Marine Stadium. By law, we have to open an account to
put all the fees that we collect into that account.
Commissioner Dawkins: And these are fees that were collected at that facility, $778,000?
Mayor Clark: That's on the balance. I don't know whether they collected it or not.
Mr. Odio: No, no. What you approved was a year budget, a yearly budget to operate that
boatyard, which was $778,000. That's the budget for a whole year, to operate the boatyard.
Vice Mayor Plummer: How long have we...
Mr. Odio: This is to put the monies that we collect...
Vice Mayor Plummer: How long have we been there?
Commissioner Dawkins: Hold it, hold it.
Mr. Odio: We been there for...
Commissioner Dawkins: Wait a minute. Would somebody listen, and wait till for somebody to
be finished?
Mayor Clark: Please, now, one at a time.
Commissioner Dawkins: Would somebody let me finish, please?
Mayor Clark: I'm trying, I'm trying.
Commissioner Dawkins: Thank you. OK? Mr. Manager, you have to have $778,442 to open up
an account to put money into?
127 February 9, 1995
Mr. Odio: No, sir.
Commissioner Dawkins: Well, that's what you said.
Mr. Odio: No, no. I said that the $778,000 budget you approved...
Commissioner Dawkins: Mm-hmm.
Mr. Odio: ... is to operate the marina for a year.
Commissioner Dawkins: Right.
Mr. Odio: This account is to place all these monies that we collected into that account from that
boatyard. The number 27 is... When we charge a monthly rent, those rents have to be placed in
this account.
Commissioner Dawkins: OK.
Mayor Clark: It's to establish new enterprise funds.
Mr. Odio: And we have only been there for two months. The first month and a half,
Commissioners and Mr. Mayor, we have spent cleaning up the past... people who didn't pay or
had not paid, bringing up the fees up to code that we now have, and we have gained some... We
figured we would lose some boats. We did not. We gained three. We are now fixing the
asphalt. We had holes in it. So it's been a hectic two months to get the marina in full service
again.
Commissioner Dawkins: Thank you, Mr. Manager. No further questions.
Vice Mayor Plummer: Well, I have a question. I understand the money you spent to clean up
and expenses. Tell me, what have you taken in total revenue for the time that you've been there?
That's what I want to hear.
Mr. Odio: Well, let me tell you, what we forecast, it's higher than we forecast, because we have
been able to bring the boaters in, and said you have to pay more. We had to locate all those
boats.
Vice Mayor Plummer: My question is...
Mr. Odio: I will give you a written report of profit and loss as soon as I have
Vice Mayor Plummer: So you're saying that you're doing better than anticipated.
Mr. Odio: We're doing better than we projected.
Vice Mayor Plummer: OK.
Mayor Clark: All right. There's a motion and a second.
Mr. Odio: And the good news is that we...
Mayor Clark: Read the ordinance, please. Call the roll, Madam Clerk.
128 February 9, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 11180,
THE ANNUAL APPROPRIATIONS ORDINANCE, ADOPTED SEPTEMBER 22,
1994, FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995, FOR THE PURPOSE OF
ESTABLISHING A NEW ENTERPRISE FUND ENTITLED "MARINE STADIUM
MARINA;" CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of January 12, 1995, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11216.
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.
----------------------------------------------------------------------------------------------------------------
31. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE SECTION 54-105 (TEMPORARY
ENCROACHMENTS) TO PERMIT TEMPORARY FENCE / WALL / HEDGE
ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF -WAY.
Mayor Clark: Item 28.
Commissioner Dawkins: I move that 28 be deferred, and the reason I'd like to have it deferred is
I need more information, and I'd like for the Manager to provide me with the following
information. Provide me... I'll give you a copy of this, Mr. Manager. Provide me with a list of
the affected properties, number of and address. Tell me whether it's a sidewalk, where it's
located, whether it's an alleyway or a street. Also tell me how long is "temporary," and what
would be the method for reclaiming said properties. I need this at the next Commission meeting.
And in the event that the City requires the land back, would the City be required to remove
fences, walls, or gates, and compensate for doing this? And also, tell me why, in this
amendment to the Code, you specify the year 1983. Tell me why 1973 would not have been
important, or 1993. What's significant about 1983? And I need those... I'd like to have that...
And I need the list so that I can go and visualize the streets and alleyways. I want to see them
myself, please.
129 February 9, 1995
Pi; :;'I
Mr. Odio: Yes, sir. OK.
Mayor Clark: Motion to defer, second, cast a unanimous ballot, to the next meeting.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-94
A MOTION TO DEFER TO THE NEXT COMMISSION MEETING AGENDA ITEM
28 (PROPOSED FIRST READING ORDINANCE TO AMEND THE CITY CODE TO
PERMIT TEMPORARY FENCE, WALL AND HEDGE ENCROACHMENTS
WITHIN DEDICATED RIGHTS -OF -WAY) FOR FURTHER INFORMATION,
SPECIFICALLY:
(a) A LIST OF AFFECTED PROPERTIES, NUMBERS OF AND ADDRESS OF
SIDEWALKS, NUMBER OF AND ADDRESS OF THE ALLEYWAYS, NUMBER OF
AND ADDRESS OF THE STREETS;
(b) A DEFINITION OF HOW LONG IS "TEMPORARY," AND WHAT WOULD BE
THE METHOD FOR RECLAIMING SAID PROPERTIES;
(c) GUIDELINES IN THE EVENT THAT THE CITY REQUIRES THE LAND BACK
(WOULD THE CITY BE REQUIRED TO REMOVE FENCES, WALLS OR GATES
TO COMPENSATE FOR DOING THIS?);
(d) AN EXPLANATION OF THE REASON WHY, ON THE AMENDMENT TO THE
CODE, THE YEAR 1983 IS MORE IMPORTANT THAN 1973 OR 1993.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'95) --
ACCEPT GRANT ($456,779) FROM STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION FOR RECYCLING PROGRAM --
EXECUTE NECESSARY DOCUMENTS.
Mayor Clark: Item number 28...
Mr. Cesar Odio (City Manager): This is to receive a grant... I mean 30, right?
Vice Mayor Plummer: Thirty.
Mayor Clark: Twenty-nine is withdrawn. We have item 30.
1.30 February 9, 1995
Mr. Odio: It's a grant...
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second. Second. Read the ordinance.
Mayor Clark: Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'95)" AND
APPROPRIATING RESOURCES FOR SAID FUND; AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $456,779.00, FROM
THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT
FOR A RECYCLING PROGRAM IN THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Dawkins and seconded by Vice Mayor Plummer and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
131 February 9, 1995
----------------------------------------------------------------------------------------------------------------
33. FIRST READING ORDINANCE: AMEND 11205 (CAPITAL
IMPROVEMENTS APPROPRIATION ORDINANCE) -- ESTABLISH NEW
CAPITAL PROJECT: SOUTH FLORIDA URBAN SEARCH AND RESCUE
TASK FORCE EQUIPMENT ACQUISITION PROGRAM (PROJECT NO.
313825) -- APPROPRIATE $495,000 FROM THE HURRICANE ANDREW
RECOVERY AND REBUILDING TRUST FUND (AS ADMINISTERED BY
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS) -- FOR PURCHASE
OF EQUIPMENT RELATED TO PROVISION OF DISASTER ASSISTANCE.
Mayor Clark: Item number 31.
Mr. Cesar Odio (City Manager): It's to accept a grant from the Department of...
Mayor Clark: Urban Search and Rescue.
Mr. Odio: ... Florida Department of Community Affairs, $495,000 for... It's for the Urban
Search and Rescue Task Force.
Vice Mayor Plummer: And what are we buying?
Mr. Odio: It's equipment.
Chief Frank Rollason: Buying equipment.
Vice Mayor Plummer: Do we have a list?
Commissioner Dawkins: Under... May I, J.L.? May I, J.L.?
Vice Mayor Plummer: Do I have a list and a breakdown?
Commissioner Dawkins: Yes. May I?
Vice Mayor Plummer: I'm sorry.
Commissioner Dawkins: No, I'm only... I want help ask the same thing you're asking.
Vice Mayor Plummer: OK.
Commissioner Dawkins: In the backup, you say rescue equipment for $150,000. What is the
rescue equipment you plan to purchase for $150,000?
Chief Rollason: There is a list of equipment that...
Commissioner Dawkins: No, no, no. I see the list. Tell me what the list means, whether it's
kiddy carts, bicycles, or what, sir?
Chief Rollason: It's heavy type extrication equipment. It's equipment to locate people that are
under buildings that have collapsed, and it is to enable our team to enter the FEMA (Federal
Emergency Management Agency) project as an Urban Search and Rescue Team nationwide, as
one of the 22 or 23 teams. And this equipment is required by FEMA for us to procure, to be able
to be an eligible team. They set the equipment, and they say, this is what you have to have.
132 February 9, 1995
Commissioner Dawkins: And...
Chief Rollason: And through the grant process with DCA (Florida Department of Community
Affairs), during the last legislative go -around, they approved this as one of the priority projects,
as a result from Hurricane Andrew.
Commissioner Dawkins: OK. All right. I will skip down to communications equipment,
$110,000. Is that in concert with what we have, or is that different from what we have, or what
is it?
Chief Rollason: It's different than what we have.
Commissioner Dawkins: OK. Mr. Mayor... This is the first reading?
Mr. Odio: Yes, sir, it is.
Commissioner Dawkins: For the second reading, bring me pictures, graphs, something...
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Pictures, graphs or something to show me what FEMA directed you to
purchase, because I don't... I hear you, and being a layman, see, I'm not into rescue and...
Chief Rollason: No problem. I can do that.
Commissioner Dawkins: OK. I don't know. So I... For the second reading, I'd like that, please.
Vice Mayor Plummer: I don't have a Page 4.
Mayor Clark: Read the ordinance.
Commissioner Dawkins: Wait a minute. Commissioner Gort wants to say something.
Commissioner Gort: I have a question.
Mayor Clark: All right.
Commissioner Gort: My understanding also is that our fire fighters have been selected to be part
of the team and that we can be called in any disaster that would take place nationwide.
Chief Rollason: That is correct.
Commissioner Gort: OK.
Vice Mayor Plummer: Well, the question I have to ask, you know, and I'm sorry, but I guess I
got to ask. This is a grant?
Chief Rollason: Yes, it is.
Vice Mayor Plummer: OK. It can only be used for that.
Chief Rollason: Yes.
133 February 9, 1995
Vice Mayor Plummer: And we fully understand that Metropolitan Dade County has long been
established in that category of moving heavy earth equipment, and going around the world. Why
are we going to reinvent the wheel?
Chief Carlos Jimenez: Well, the reason is that with the exception...
Vice Mayor Plummer: Send me a memo justifying it before the second reading, please.
Chief Jimenez: OK.
Vice Mayor Plummer: Mr. Manager, I don't have a breakdown, as the other have.
Commissioner Dawkins: It's in 31 in your backup, J.L.
Vice Mayor Plummer: It's not there.
Commissioner Dawkins: OK. I love you. I love you. Here, you may have this one.
Commissioner Gort: Page 4.
Vice Mayor Plummer: OK. I don't have it. I'll get it from somewhere else, but I don't have it.
Chief Rollason: I'll make complete sets of the application with all the equipment and the
backup.
Mayor Clark: Read the ordinance. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11205, ADOPTED
NOVEMBER 17, 1994, THE CAPITAL IMPROVEMENTS PROJECTS
APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING NEW CAPITAL
PROJECT NO. 313825, ENTITLED: SOUTH FLORIDA URBAN SEARCH AND
RESCUE TASK FORCE EQUIPMENT ACQUISITION PROGRAM AND
APPROPRIATING RESOURCES FOR SAID PROJECT; AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT, IN THE AMOUNT OF
$495,500, FROM THE HURRICANE ANDREW RECOVERY AND REBUILDING
TRUST FUND, AS ADMINISTERED BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID
GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
134 February 9, 1995
was introduced by Commissioner Dawkins, seconded by Vice Mayor Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
34. (A)
AUTHORIZE MANAGER TO CANCEL INVITATION FOR BID NO.
94-95-045, WHEREBY BIDS FOR PROVISION OF RESIDENTIAL
GARBAGE, TRASH AND RECYCLING SERVICES, COLLECTION
AND DISPOSAL OF WASTE ILLEGALLY DUMPED ON CITY
STREETS, RIGHTS -OF -WAY AND PROPERTY, AND CLEANUP
AFTER SPECIAL EVENTS WERE SOLICITED.
(B)
FIRST READING ORDINANCE: AMEND CODE SECTION 40-
239 -- PROVIDE INCENTIVE RETIREMENT PROGRAM TO
MEMBERS OF GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT TRUST REPRESENTED BY
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA,
AFL-CIO, LOCAL 800 -- PROVIDE FOR HEALTH INSURANCE
COVERAGE.
(C)
FIRST READING ORDINANCE: AMEND CODE SECTION 22-12(a)
(GARBAGE AND TRASH / ARTICLE 1 / WASTE FEES) --
REFLECT PURPOSE FOR WASTE FEES AND PROVIDE FOR
INCREASES.
(D)
AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE
BARGAINING AGREEMENT WITH LABORER'S
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 800 --
FOR PERIOD OCTOBER 1, 1994 - SEPTEMBER 30, 1997.
Mayor Clark: Item 32.
Commissioner Dawkins: Mr. Mayor, with the permission of the Board, I think I would like to
hear 34 before I hear 32 and 33.
Mayor Clark: Mr. Manager, did you hear that request? Thirty-four?
Mr. Cesar Odio (City Manager): Thirty-four is to authorize the City Manager to cancel
invitations for bid number 94-95-045, to provide residential garbage, trash and recycling
services. I placed this item on the agenda because I felt it's appropriate, since the Solid Waste
Department, with the support of their members and their union came up with a very attractive
135 February 9, 1995
contract that I would think... that is very competitive with the private sector, and therefore, I
don't... Since they decided to compete with the private sector, as far as reduction of costs, that
they should be rewarded, and that this RFP (Request for Proposals) should be withdrawn.
Mayor Clark: All right. Now, what about 33?
Commissioner Dawkins: We have to do this first.
Vice Mayor Plummer: What about 35?
Mr. Odio: Thirty-three is a first reading ordinance to allow a retirement window, since we have
to...
Commissioner Dawkins: But if we don't do 34, there's no sense in us doing 35 and 36.
Mr. Odio: Correct.
Mayor Clark: All right. Let's do 34 now.
Vice Mayor Plummer: Well, let me ask a question on 33. What is the estimated cost?
Mr. Odio: The first year is none. And the second year is $1,000,000, and the savings are net of
$3,000,000. And the third year is $1,000,000, and the savings are, again, a savings net to the
City of $3,000,000. But we are taking care of employees that have been here for a long, long
time.
Vice Mayor Plummer: How many people will actually qualify for that window?
Mr. Odio: They are... I believe - I'm going by memory - is it 89? And we hope that all 89 will
see fit to accept this, and they can leave the City as they deserve. They have served the City
well, and they are entitled to this.
Vice Mayor Plummer: Another question. Part of this contract says that the union has agreed
that they will be, by the first day of October, this year, down to 200 or less employees.
Mr. Odio: That... When I keep hearing the number of 200, I get nervous, because the... What
we really have agreed to is a budget, a total budget of... not to exceed $16,000,000 a year total.
And so the number of employees is immaterial, for the fact that they have to adjust to pay for
disposal fees, and to provide the services that they have to provide.
Vice Mayor Plummer: And how would you, by this contract, maintain the level of service?
Mr. Odio: I think we're going to maintain exactly the same level of service we have had up to
now.
Vice Mayor Plummer: How would you provide to make sure that that is done, where you're
doing it with dollars, or rather than personnel or equipment?
Mayor Clark: Monitor it every day.
Mr. Odio: Because they're doing it now. They are doing it now.
Vice Mayor Plummer: But you're going to be dropping down, Mr. Manager... Excuse me. It's
my understanding that it is the hope and desire to cut down to about 200 employees.
136 February 9, 1995
Mr. Odio: I think they can do it with less.
Vice Mayor Plummer: OK.
Mr. Odio: I think they can provide the same services that they have now.
Vice Mayor Plummer: OK. What safeguards are built into this contract to assure, to call their
feet on the carpet, if the don't do it?
Mr. Odio: There's an easy way for this to assure that. They will lose their contract if they do
not perform.
Vice Mayor Plummer: There is a provision in there that if the level of service is not maintained,
that this contract is null and void.
Mr. Odio: Provided... And that's why I place it here...
Vice Mayor Plummer: I'm asking.
Mr. Odio: Yeah, let me...
Mayor Clark: Let him answer.
Mr. Odio: I'm going to answer. Provided that we meet certain criteria. They have to pay within
that budget for disposal fees for the next three years. We have to guarantee that the disposal fee
costs remain the same. If it doesn't, that's why we have first reading ordinance number 35, to
assure that any fee increases of disposal, not from us, but from any counties, that it could be
passed on to the taxpayers.
Vice Mayor Plummer: And what is the fee established in this contract at this time?
Mr. Odio: At this time, the fee is $45.
Vice Mayor Plummer: And that, you knowingly only have that for one more year.
Mr. Odio: And we... We know that we have it for...
Vice Mayor Plummer: And this is a three-year contract.
Mr. Odio: Excuse me. We know we have it for next year for sure. I have also had preliminary
conversations with the County Manager, and we are talking about a substantial reduction of their
costs from $59. We haven't reached an agreement, but I can tell you that the way the market is
today, that we can keep that figure around there. And I don't see the need to use 35, but in order
for them to comply with their contract, we must have 35 as a guarantee to...
Vice Mayor Plummer: Forty-five.
Mr. Odio: Item 35.
Vice Mayor Plummer: Item 35.
Vice Mayor Plummer: All right.
137 February 9, 1995
Mr. Odio: So that they can comply with the contract.
Vice Mayor Plummer: Then my understanding... Does that include the equipment? The
$16,000,000, operating...
Mr. Odio: It includes everything to operate that department.
Vice Mayor Plummer: So then what I am to expect is that on October, when you present us with
a bud et, that the maximum number that I'm going to see in the Sanitation Department is going
to be 116,000,000. I assume, now, that does include all of the perks.
Mr. Odio: Now, let me say this... Yes, it does, but let me say this. When you approve this now,
it's guaranteed that the budget is $16,000,000 come October 1st. But we are going to implement
this during this current year. We're starting this in April. So the savings, there will be
substantial savings, some parts of it, this year.
Vice Mayor Plummer: OK. But in other words, in the upcoming budget, the only increase...
Mayor Clark: Sixteen million and no more.
Mr. Odio: The budget for the Solid Waste Division for next year is $16,000,000, Commissioner.
Vice Mayor Plummer: OK. I just want to make sure we all understand.
Mr. Odio: And I want to remind you, because they deserve the credit, these people in the Solid
Waste, the employees, especially. The budget for the Solid Waste Division in 1993/94 was
$33.4 million. $33.4 million. And because of their efforts, because of working with
management, they have gone to Broward County, they have reduced from 54 routes to 26. They
are doing it, and they deserve this contract, and I'm proud to be part of this recommendation.
Vice Mayor Plummer: Well, let's give you, also, a feather in your cap, which we don't do very
often. When you dropped the dumping fees down from the $79 the County was charging us, and
you found the place in Hollywood, that was a great...
Mayor Clark: Yeah, but J.L., let me tell you, the County got very smoked off about that because
the County was making money on us.
Vice Mayor Plummer: Well, hey, let them get smoked off. Let them get smoked off.
Mr. Odio: Well, Armando... The new County Manager is very understanding. He realizes that,
the volume they had lost.
Mayor Clark: All right.
Mr. Odio: But, again, I encourage you, please, to approve 34, 35...
Commissioner Dawkins: Thirty-four first.
Mr. Odio: ... Thirty-four first, because I think that's the strong reason that we're staying...
Mayor Clark: Do you move that, Mr....
Commissioner Dawkins: I move 34.
138 February 9, 1995
Mayor Clark: Second. No exception. Cast a unanimous... Is that an ordinance?
A. Quinn Jones, III, Esq. (City Attorney): It's a resolution.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-95
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CANCEL
INVITATION FOR BID NO. 94-95-045, WHEREBY BIDS FOR THE PROVISION OF
RESIDENTIAL GARBAGE, TRASH AND RECYCLING SERVICES, THE
COLLECTION AND DISPOSAL OF WASTE ILLEGALLY DUMPED ON CITY
STREETS, RIGHTS -OF -WAY AND PROPERTY, AND THE CLEANUP AFTER
SPECIAL EVENTS HELD IN THE CITY OF MIAMI WERE SOLICITED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: Now, we go to 33.
Mayor Clark: Now, we go back to 33.
Commissioner Dawkins: Thirty-two.
i Mr. Odio: Thirty-two, sir.
Mr. Jones: Thirty-three.
Mayor Clark: Thirty-two or 33?
Mr. Odio: OK. Well, 33 is first, but...
Mayor Clark: All right. 33. Is there a motion on 33?
Vice Mayor Plummer: Thirty-three.
Mr. Odio: This is the retirement window.
Mayor Clark: Yeah, let's get that, Miller.
Vice Mayor Plummer: I tell you what, I'm going to move it, Mr. Mayor.
139 February 9, 1995
Mayor Clark: That's a good idea.
Vice Mayor Plummer: And I'll tell you why. I want more information. I want a complete
breakdown of the long-term obligation that this could incur.
Mr. Odio: We have that, sir.
Vice Mayor Plummer: OK? Because you're giving, basically, three free years...
Mayor Clark: You'll get it. I second it. Read the ordinance.
Vice Mayor Plummer: Three free years.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDNANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.]
Mayor Clark: Call the roll.
Commissioner Dawkins: Question, question, please, first, Mr. Mayor. We're going to provide
health care service for those who accept the window of opportunity for one year.
Vice Mayor Plummer: As retirees.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK. What is the cost per family for a husband, a wife and two
children, what is the present cost per month for hospitalization?
Ms. Sue Weller: Commissioner, Sue Weller, Labor Relations Officer. The current cost for an
employee, single coverage per month is $119 and...
Commissioner Dawkins: For a wife, a husband and two children. That's not single coverage.
Ms. Weller: All right. Family coverage is $255.98 per month.
Commissioner Dawkins: Two hundred and fifty-five dollars. OK? Will you please multiply
250 times 12 for me over there.
Ms. Weller: That's $3,072 annually.
Commissioner Dawkins: So therefore, the individual going out with this window of opportunity,
at the end of a year, they're retired, and now they have to come up with $3,000 for health care
insurance; is that correct?
Ms. Weller: Yes, sir.
Commissioner Dawkins: And that was explained...
Ms. Weller: Well, that's the total premium cost for that family health care coverage. Normal
retirees will pay 70 percent or almost 70 percent of that, as I understand, as a retiree.
Commissioner Dawkins: Beg your pardon? Run that by me again?
140 February 9, 1995
Ms. Weller: All right. The total cost, if the employee is not contributing at all is $3,072. All
right? Once this one-year period is over, then the employee will have to pay a portion of that
$3,072, which is approximately 70 percent of that annual cost.
Commissioner Dawkins: OK. So what is 70 percent of $3,000?
Mr. Odio: Two thousand, one hundred dollars.
Commissioner Dawkins: So you still... This gentleman went out on retirement, that nobody told
this individual to factor into your yearly expenditures $2,000 to cover health care.
Mayor Clark: The same amount of hospitalization.
Mr. Odio: That's correct, sir, but they're getting one free year, and on top of that, they're
gaining three years of service.
Commissioner Dawkins: You know, that's fine. You know...
Ms. Weller: Commissioner.
Commissioner Dawkins: Wait, Mr. Manager, hold it, hold it. That is fine, to tell an individual,
I'm going to give you $400 to put in your pocket. OK? By the end of the week, and they've
gone to Publix and other places, the $400 is gone. OK? So don't tell me that you sweetened the
pot, and you have been benevolent, and you have given them something, when you gave them
$400 as a lump sum, and the individual has got to come up with $2,000 next year. But, see, this
should have been negotiated out and spelled out. They should not have bought this.
Mr. Odio: It has been. It has been...
Commissioner Dawkins: Bit I want them to under... Those who are going out better think that
they got to come up with $2,000 that they're not paying now for health care.
Mayor Clark: If they desire the same coverage.
Mr. Odio: Commissioner, what we plan to do is have a counselling session with them and
explain to them everything about this retirement.
Vice Mayor Plummer: After the fact?
Mr. Odio: Before the fact.
Vice Mayor Plummer: No, after we pass it?
Mr. Odio: Yes. Because if you don't pass it, there's nothing I can tell them.
Vice Mayor Plummer: Let me ask this question. Where are they going to get this money to pay
that amount?
Mr. Odio: Wait a minute. Like any... They have retirement payments. Once they retire, they
have the pension, like every other pensioner that is out there in the world.
Commissioner Dawkins: Is the pension the same... See, we're talking peanuts. Is the retirement
pay the same as the working pay?
141 February 9, 1995
Mr. Odio: No, sir.
Commissioner Dawkins: So therefore...
Vice Mayor Plummer: That's my question. Where are they going to get the money?
Commissioner Dawkins: ... by the reduced payment, you're also going to reduce their income
by what it takes to pay for the health care insurance.
Ms. Weller: Commissioner.
Commissioner Dawkins: OK, but that's their problem.
Mr. Odio: Some of these...
Commissioner Dawkins: I just wanted to... Hey, I'm finished with it. Thank you.
Mr. Odio: I just wanted to say that some of these people will find jobs immediately, and they
will have...
Commissioner Dawkins: How? Are you kidding?
Mr. Odio: Some of them, I said.
Commissioner Dawkins: OK, let me ask you. See... I'm sorry to prolong this, Mr. Mayor. I'll
be finished when I say this. Eastern Airlines, Southeast Bank, Unisys, you name them, have laid
off people earning $200,000 a year. Those people are out looking for jobs. They are accepting
the jobs at $50,000, because they got to live. So, now, the people who accept the $50,000 a year
jobs, they're going to go looking for those that pay $25,000. Then these people who you got
here, who made $18,000, what jobs are they going to find? Thank you, Mr. Mayor.
Mayor Clark: Thank you. On item 33, there's a motion. It's an ordinance. You read it?
Ms. Matty Hirai (City Clerk): It's been read. We need to call the roll.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-239 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING AN INCENTIVE
RETIREMENT PROGRAM TO THOSE MEMBERS OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST WHO ARE REPRESENTED BY THE LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA, AFL-CIO, LOCAL 800, THEREBY PROVIDING
THREE (3) YEARS SERVICE CREDIT TO THOSE MEMBERS ELIGIBLE TO
RETIRE UNDER SERVICE RETIREMENT OR RULE OF 70 RETIREMENT AND
TO THOSE NON -ELIGIBLE MEMBERS WHO, WITH THE ADDITIONAL
THREE (3) YEARS SERVICE CREDIT, WOULD QUALIFY UNDER SERVICE
RETIREMENT, OR RULE OF 70 RETIREMENT AND PROVIDING FOR
HEALTH INSURANCE COVERAGE, CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
142 February 9, 1995
N
was introduced by Vice Mayor Plummer and seconded by Mayor Clark and was passed
on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: It was approved by the membership. I vote yes.
Mayor Clark: Thirty-five, is it, we're on?
Vice Mayor Plummer: What about 32?
Mr. Odio: I need 32 first, Mr. Mayor.
Vice Mayor Plummer: Now, I got a question on 32.
Mr. Odio: Well, I need 35 before 32, because in order to keep the budget at $60,000,000, we
need to have the assurances of 35.
Mayor Clark: Thirty-five. Is there a motion on 35?
Vice Mayor Plummer: Hold it, hold on. OK, let's understand...
Commissioner Dawkins: What is 35?
Vice Mayor Plummer: It's an increase...
Mr. Odio: It is not an increase.
Mr. Ron Williams (Assistant City Manager): No.
Commissioner Dawkins: Well, what is it?
Mr. Williams: Thirty-five...
Commissioner Dawkins: No, let the Manager tell me, please. Let the Manager tell me, please.
Mr. Odio: I said that we have asked the union and the membership to keep a three-year budget
of $60,000,000 each year, and that includes the disposal fees. If, by any chance... And we know
that next year, the whole year, we have the same price as this year, so therefore, there is no need
to use this ordinance. But if, in any case, in 1997, the price of disposals should go up to $48, the
143 February 9, 1995
$3 over the $45 can be passed on to the homeowners that we're providing these services, and
you can keep the budget at $60,000,000,
Commissioner Dawkins: So in other words, I'm going to vote here now... Is that $3 per week,
$3 per month, or $3 for the year?
Mr. Odio: The $3 is per ton, sir, and we would have to convert...
Commissioner Dawkins: Wait a minute, no, no, no. What is it coming back to the household
as?
Mr. Odio: That, I.., Ron?
Mr. Williams: Well, if I may, Commissioner Dawkins.
Commissioner Dawkins: I'm like De Yurre. I want him to tell me.
Mr. Williams: OK.
Mr. Odio: That's about $12 a year, sir, to a household.
Commissioner Dawkins: Twelve dollars a year.
Mr. Odio: And that's... We're talking about the year 1997, maybe, if we cannot keep the cost
down with our intentions.
Mayor Clark: A dollar a month, a dollar a month.
Commissioner Dawkins: OK. You know, I'm going to say this, because I... All of us up here,
I'm going to speak for all of us. We don't have a problem with this, and as the Manager said,
you are to be commended for saving jobs. OK? But somewhere along the lines, Mr. Manager,
you're going to have to sell the public on the idea that you saved these jobs, and it may cost them
more money to keep some people off of welfare, and to keep other people meeting their
obligations. Now, somewhere along the line, sir, you better get out there in the community and
try to explain that. Not to me, I under... No, no, we understand it. OK?
Mr. Odio: Sir, I'm glad you... Let me just put this on the record, please. The homeowner in the
City of Miami is paying $160 a year. The average fee right now in the County and in other
municipalities is $400 a year. What we're talking about here is maybe, just maybe by the year
'97, we will go up to $172. Maybe. We may not have to, if we can keep our costs down.
Commissioner Dawkins: The other thing you need to put in there is - and I think, and this is my
personal opinion - by doing this, the City Commission will retain control of increases. Had you
gone private, you'd have no control over whether the private haulers would increase my garbage
fee.
Mr. Odio: Oh, I agree.
Vice Mayor Plummer: I have a question.
Mayor Clark: Please.
Vice Mayor Plummer: Mr. Manager, I don't find in any of these here, I want it for the record
that 33 and 35 are the recycling. Recycling is included in the $16,000,000.
144 February 9, 1995
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Well, it doesn't state that here.
Mayor Clark: Well, you heard it now.
Vice Mayor Plummer: OK.
Mr. Odio: The fact is we're doing very well with recycling right now.
Vice Mayor Plummer: OK, just want to make sure.
Mayor Clark: OK. Now, let's... Is this an ordinance now?
Vice Mayor Plummer: Thirty-five is an ordinance.
Mr. Odio: Thirty-five, yes, sir.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: Read 35.
Mayor Clark: Is there a motion to approve it?
Vice Mayor Plummer: I did.
Mayor Clark: Second. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 22-12(a) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED GARBAGE AND
TRASH/ARTICLE 1/WASTE FEES", THEREBY REFLECTING THE PURPOSE
FOR WASTE FEES AND PROVIDING FOR INCREASES, WHEN NECESSARY,
OF SAID FEES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Ms. Matty Hirai (City Clerk): The issue passes.
145 February 9, 1995
Vice Mayor Plummer: Thirty-two.
Mayor Clark: Thirty-two.
Mr. Odio: It's the actual contract with the labor union.
Vice Mayor Plummer: OK. Let me tell you something. I'm going to vote for it. I'll even move
it. But Mr. Manager, if I see another memo speaking to what I had the memo presently, referring
to your illegitimate birth, Mr. Dawkins' illegitimate birth, and mine, supposedly uttered by
members of the Sanitation Union, I want to tell you, I'm going after them. If it's true, I have the
memo. OK?
Mr. Odio: I haven't seen the memo, but I wish them luck.
Vice Mayor Plummer: Well, OK.
Commissioner Dawkins: Mr. Manager, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: In the buyout, just for the Sanitation workers, if you get 100 percent
participation, what will be the total cost of the buyout?
Mr. Odio: A year, it's a million dollars. No, the first year, it's zero cost. The second year, it's a
million dollars a year, but again, you're saving three.
Commissioner Dawkins: How could the first year be zero? Tell me how the first...
Mr. Frank May: Commissioner Dawkins, that would be this fiscal year, and we have paid both
pension trusts as of October 1, 1994, so we have paid them. In addition to that, valuation data
usually runs one or two years behind. These liabilities would not be booked until the subsequent
fiscal year.
Commissioner Dawkins: You have here, and I will read to you, as a result of those negotiations,
the City and LIUNA (Laborers' International Union of North America) have agreed to a three-
year agreement, providing for a cash bonus payment of $400, effective June the 1st, '95. Three
hundred dollars... That's OK, I'll help you remember. No, no, no. Wait till I get through
helping you remember. OK? Three hundred dollars, effective October 1, 1995, although that
will be in next fiscal year; and $500, effective October 1, '96. I'll forget about that. OK? So
now, and the health benefits will be reduced from $27 to $10 biweekly. Somebody has got to
pay that. And yet, you tell me that there's zero cost?
Mr. Odio: No, I'm sorry. When you said "buyout," I was thinking of pension. This is an actual
pay to the employees that remain in the department. They will receive a cash bonus for staying
there when there... because they are working there. They're going to receive that... This is not
for the people that retire, Mr. Commissioner. This is for the people that stay. They will
receive...
Commissioner Dawkins: Well, what's the buyout for the people that... And the people who go
will get nothing.
Mr. Odio: The people that go, they get the three-year credit on their pension, they get the one-
year...
146 February 9, 1995
Commissioner Dawkins: How much... See, what is the cost of that?
Mr. Odio: That's what I said, a million... the second year, $1,010,000.
Commissioner Dawkins: All right. One million...
Mr. Odio: ... ten thousand dollars.
Commissioner Dawkins: The second year? The second year?
Mr. Odio: The same, sir. The third year is the same, I mean. The first year is zero, second year
is $1,010,000, the third year is $1,010,000.
Commissioner Dawkins: So we're talking about $2,000,000...
Mr. Odio: Right.
Commissioner Dawkins: ... for these people to go home.
Mr. Odio: Right, but we save six.
Commissioner Dawkins: OK. Now, was any discussion carried on in behalf of those individuals
whom this City of Miami worked year after year without benefits, or contract, or without health
insurance, commonly known as 99s, was any provisions made for the 99 employees to be able to
buy out or to get benefit - I mean get credit for the years they spent as 99s?
Mr. Odio: No, sir.
Commissioner Dawkins: Why not?
Mr. Odio: Because they...
Ms. Weller: Commissioner, those employees are now per... that were 99 employees are now
permanent employees and covered by the labor agreement. They were not... It was not brought
up, as far as anything particular to go to those particular employees.
Commissioner Dawkins: Would it have been to their advantage for us to have said to them, you
have been a faithful servant, and as such, we are going to tell you that in order to retire with a
decent salary, et cetera, et cetera, later on, you can put "V dollars, buy back your time that you
put in as a 99, and you can retire earlier?
Mr. Odio: If they want to buy back their time that they were as a 99, they have to go to the
Pension Board, Commissioner, and request that.
Commissioner Dawkins: See... Yes, now, but had you talked this over... OK.
Mr. Odio: Well, no, no...
Commissioner Dawkins: What is the cost to the Pension Board for these people buying out and
going out now? What contributions do you have to make to the Pension Board the first year, the
second year and the third year, for these people going out, so that you can bring them up?
Mr. Odio: OK. The first year is zero.
147 February 9, 1995
Commissioner Dawkins: All right, now. Wait, now. Either you're going to explain it to me, or
he's going to explain it to me.
Mr. Odio: I will do that. I'm going to explain that.
Commissioner Dawkins: All right. You go sit down, sir.
Mr. Odio: The first year is zero. The second year is $1,010,000...
Commissioner Dawkins: Where is that going to come from?
Mr. Odio: That has to come from the City.
Commissioner Dawkins: The general fund.
Mr. Odio: Yeah, from the pension contributions. That's part of the pension contributions to the
Pension Board. And the third...
Commissioner Dawkins: OK. All right. What is our cost to the Pension Board prior to all of
this?
Mr. Odio: OK. Go ahead. That one I need to figure out.
Mr. May: It's about eleven point one million dollars a year, Commissioner.
Commissioner Dawkins: All right, 11.1 million.
Mr. May: That's correct.
Commissioner Dawkins: OK? Now, when these people buy out, we got to contribute what,
now?
Mr. May: The second year, it will be $1,010,000.
Commissioner Dawkins: All right. Another one million -one. OK? Now, when the policemen
buy out, what's going to be our contribution, if, now, for the sake of discussion, a hundred
percent buyout, what will be our liability, on top of what we pay for that?
Mr. Odio: We are not planning a type of buyout of this, that we don't know yet. We are still in
conversations with the other union.
Commissioner Dawkins: Well, just for the sake of discussion, let's say that you do offer it to
them, and let's say that they do buy out. What would the cost be?
Mr. May: Commissioner, I can't answer that, because we have not valued that liability at this
point. We're still discussing it.
Commissioner Dawkins: But you...
Commissioner Gort: There might not be any liability.
Commissioner Dawkins: OK. I'll rephrase it. I'll rephrase it. Do you expect just to reduce the
labor force only in the Sanitation Department and no place else?
148 February 9, 1995
Mr. Odio: No, sir. We intend to reduce the City work force this year. We are going to
streamline. We're going to cut back.
Commissioner Dawkins: Yes, but answer my question.
Mr. Odio: One way or the other, sir.
Commissioner Dawkins: No, no, answer my question. Do you plan to just reduce just the
Sanitation Department, or are you going across the board?
Mr. Odio: Across the board.
Commissioner Dawkins: So therefore, there will be some police, some firemen, and some GSA
(General Services Administration) people buying out.
Mr. Odio: I don't know if they'll be buy-out or some type of agreement, or layoffs.
Mayor Clark: All right.
Vice Mayor Plummer: Well, the only thing, Mr. Mayor, I would ask, and I've always asked
before, Mr. Manager, I don't think there's any question in anybody's mind that there's going to
be layoffs. To the amount of the layoffs, you've not determined, we've not determined. But let
me tell you something, Mr. Manager, I would want, in all honesty, in all fairness, no later than
the first day of January, all of those people who are going to be laid off be so notified...
Mr. Odio: First of January?
Vice Mayor Plummer: First of June, I'm sorry. ... first of June be notified, giving them June,
July, August, September, four months to go out and try to find other employment. In all interest
of fairness, you can do no less.
Mr. Odio: I don't want to...
Vice Mayor Plummer: So I'm just putting that on the record.
Mr. Odio: I'd rather not get to that point yet. I'd prefer not to get to that point yet, since we are
having daily meetings and trying to come up with solutions so that nobody gets hurt.
Commissioner Dawkins: But I still say, and I will ask it on the record, do you intend to have the
same proportionate cuts clear across the City work force?
Mr. Odio: Yes, sir.
Mayor Clark: Absolutely.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Plus the fact we'll...
Commissioner Dawkins: So if getting the sanitation workers down to 200 workers, I'm just
going to say for the sake of discussion, with a 20 percent reduction, you're expecting to have a
20 percent reduction in everything else.
149 February 9, 1995
Mayor Clark: They said,..
Commissioner Dawkins: Well, wait, let me ask the Manager.
Mr. Odio: I... Please don't hold me to a 20 percent number because...
Commissioner Dawkins: I have to hold you, because the voters are holding me.
Mr. Odio: We are going to reduce the... across the board. I cannot tell you how. I have already
instructed the departments to look at cutting their budget by 10 percent.
Commissioner Dawkins: OK. Well, I'll ask one question and be finished, Mr. Mayor. What is
the dollar amount of savings that you are trying to arrive at for the fiscal year '94/95? What is
the dollar amount in millions?
Mr. Odio: In millions, I want to, if we can achieve it, I want to save $30,000,000.
Commissioner Dawkins: Wait a minute, now. Either you... No, no, no. See, you didn't tell the
Sanitation workers, "If I can, you have to accept this." You told the sani...
Mr. Odio: Olt, yes, I did.
Commissioner Dawkins: No, no, no. You told the Sanitation workers, "Either this, or you don't
have a job." Come on. I'm with you, now.
Mr. Odio: No, I said...
Commissioner Dawkins: If you don't do this, you don't have no job.
Mr. Odio: No. I said, "If you don't do this, we'll go..."
Commissioner Dawkins: But now, you're going to tell the other people that... Well, I'm
finished. No problem.
Vice Mayor Plummer: Well, let's get the record clear. It was...
Mr. Odio: You want me... Let me get it clear.
Mayor Clark: Maybe we ought to down -size this Commission, right? Let's move forward on
the motion. Read the ordinance. It's a resolution?
Vice Mayor Plummer: You said, "This, or we go private." They lose three job.
Mayor Clark: It's been offered and seconded. Call the roll, Madam Clerk.
150 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-96
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION
KNOWN AS THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA,
LOCAL 800, FOR THE PERIOD OF OCTOBER 1, 1994 THROUGH SEPTEMBER 30,
1997, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH
IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None,
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Tell me what item I'm voting on.
Mr. Jones: Thirty-two.
Mayor Clark: Thirty-two.
Vice Mayor Plummer: You jumped around so...
Mayor Clark: Thirty-two, Mr. Plummer.
Vice Mayor Plummer: All right. Hold on, sir. Let me make sure. With it so stipulated, what I
said before, I vote yes.
151 February 9, 1995
, "N,
----------------------------------------------------------------------------------------------------------------
35. AUTHORIZE MANAGER TO NEGOTIATE: (A) PROPOSED SALE /
PURCHASE AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY
(FPL) FOR PURCHASE FOR FPL'S PROPERTY (10 STORY OFFICE
BUILDING AND 7 LEVEL PARKING GARAGE) KNOWN AS THE MIAMI
RIVERSIDE CENTER (400 S.W. 2 AVENUE); AND (B) A PURCHASE /
SALE AGREEMENT WITH ALANDCO, INC. FOR PURCHASE OF TWO
ADJACENT TRACTS OWNED BY ALANDCO -- ALL SUBJECT TO FINAL
APPROVAL BY THE CITY COMMISSION AT A PUBLIC HEARING IN
ACCORDANCE WITH FLORIDA STATUTE 166.045 (1993) -- DIRECT
MANAGER TO OBTAIN REQUIRED ENVIRONMENTAL TESTING
AND/OR ASSESSMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 37, is it?
Vice Mayor Plummer: Thirty... What's the next one? Thirty-seven? Yeah, FP&L (Florida
Power and Light).
Mayor Clark: We bounce through these thirties like the depression.
Vice Mayor Plummer: Mr. Mayor, this is just to send it to the Manager for negotiations. I
finally, after six weeks, got the information I was looking for. I have not had the opportunity,
nor do I think any of you have had, but we'll at least give the Manager the operation... the
opportunity to negotiate, and I would so move that we give him that prerogative at this time.
Commissioner Gort: Mr. Mayor.
Vice Mayor Plummer: That's only to negotiate.
Mayor Clark: Is there a second?
Commissioner Gort: Mr. Mayor, before we go into that, I need to ask some questions. I might
have a conflict of interest in here that I'd like to confirm. My company has done business with
FP&L in the past. They might be doing some business in the future. My understanding is the
revenue that can be derived from this is less than ten percent of the...
Mayor Clark: Take a walk.
A. Quinn Jones, III, Esq. (City Attorney): Well, the key to this to determine whether you have a
conflict is whether there is going to be any special gain that's going to inure to your benefit. As
far as I can determine, from what you presented to me, there won't be anything that's going to
inure to you as a special gain or personal gain, so therefore, you don't have a conflict of interest.
Mayor Clark: Is there a second?
Vice Mayor Plummer: I don't get a 20 percent reduction on my bill?
Mayor Clark: You second it, Willy? Did you second it?
Commissioner De Yurre: Well, I pay FPL every month. Do I have a problem with that?
152 February 9, 1995
Mayor Clark. Call the roll.
Mr. Jones: It's still not going to inure to your personal benefit, Commissioner.
Mayor Clark: Call the roll.
Commissioner Dawkins: This is just for the Manager to do what, now?
Mayor Clark: Yeah, to negotiate with them, see what he can come up with.
Vice Mayor Plummer: That's it.
Commissioner Dawkins: OK. Every week, give me a written progress report of your
negotiations.
Mayor Clark: All right.
Commissioner Dawkins: Don't spring this on me at the last minute.
Vice Mayor Plummer: Yeah, because...
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-97
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROPOSED AGREEMENT OF SALE AND PURCHASE SETTING FORTH
SPECIFIC TERMS AND CONDITIONS AS MAY BE DEEMED APPROPRIATE BY
THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH FLORIDA POWER AND LIGHT COMPANY FOR THE
PURCHASE OF REAL PROPERTY CONSISTING OF APPROXIMATELY 2.09
ACRES AND ALL IMPROVEMENTS LOCATED ON THE LAND GENERALLY
DESCRIBED AS A TEN -STORY OFFICE BUILDING AND A SEVEN -LEVEL
PARKING GARAGE, KNOWN AS THE MIAMI RIVERSIDE CENTER, LOCATED
AT 400 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, AND ALANDCO, INC.
FOR THE PURCHASE OF TWO ADJACENT TRACTS OF IMPROVED VACANT
LAND SOUTH AND NORTH OF THE OFFICE BUILDING CONSISTING OF
APPROXIMATELY 1.4027 AND 1.6117 ACRES, FOR THE SUM OF $18,500,000.00;
SAID PROPOSED AGREEMENT SHALL BE SUBJECT TO THE APPROVAL OF
THE CITY COMMISSION AT A PUBLIC HEARING IN ACCORDANCE WITH THE
REQUIREMENTS OF SECTION 166.045 FLORIDA STATUTES (1993); FURTHER
AUTHORIZING THE CITY MANAGER TO OBTAIN PROFESSIONAL SERVICES
FOR ALL REQUIRED ENVIRONMENTAL TESTING AND/OR ASSESSMENTS AT
THE PROPERTIES, AT A COST NOT TO EXCEED $25,000.00.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
153 February 9, 1995
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: You still want that report?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Wait, wait a minute. How did De Yurre vote?
Commissioner De Yurre: Yes.
Ms. Matty Hirai (City Clerk): Yes.
Vice Mayor Plummer: Oh, I thought you voted no.
Commissioner Gort: Miller is the one who voted no.
Vice Mayor Plummer: I vote yes, only to negotiate.
COMMENTS MADE AFTER ROLL CALL:
Commissioner De Yurre: Mr. Mayor, what I'd like to know, also, from the Administration is
what it would cost us to move in there and fix the interior of the building and...
Mayor Clark: I think he has that price all together. You're going to get back to us, right?
Vice Mayor Plummer: Well...
Mayor Clark: Call item 38.
Vice Mayor Plummer: Excuse me. They presented us with this funny book. There's a lot more
to be added to this. For example, furniture.
Mr. Cesar Odio (City Manager): We are not buying one single desk. I can guarantee you that.
Vice Mayor Plummer: Yes, right. I remember that at the police station.
Mr. Odio: Commissioner, you have the order... I have to bring the orders to you...
Vice Mayor Plummer: All right, sir.
Mr. Odio: ... and they will not be coming here... We are not buying one desk.
154 February 9, 1995
Vice Mayor Plummer: You're not showing about moving the phones over.
Mr. Odio: We have...
Vice Mayor Plummer: You're not showing about moving the computers over. I'm talking about
the cables.
Mr. Odio: OK. The cables don't...
Vice Mayor Plummer: You're not talking about stationery.
Mr. Odio: May I answer that one?
Vice Mayor Plummer: Everybody is going to have to have...
Mr. Odio: May I answer that one? We...
Vice Mayor Plummer: It's in the negotiation. But let's be...
Mr. Odio: No. The computer lines are in place. We don't have to add computer lines.
Vice Mayor Plummer: Let's be honest. Let's be honest. OK?
Mr. Odio: I am telling you, they are not...
i
j Commissioner Dawkins: Yeah, but by the same token, the Law Department, that building is for
! an operation building. It is not an office building. The whole... Wherever the City Attorney
goes...
Mr. Odio: You are right.
Commissioner Dawkins: ... he's got 23 lawyers that have to have separate offices for
confidentiality. All that has to be figured in.
Mr. Odio: Maybe we should only...
Mayor Clark: They're going to be very small.
f
Mr. Odio: I have an idea. We have ten lawyers and that way, I can only have ten partitions. But
we're talking...
Mayor Clark: Item number 38.
Vice Mayor Plummer: Well, excuse me, Mr. Mayor. I think it's very important what I read,
where Mr. De Yurre's statement should be part of the negotiations, realizing the problem we
have with the DuPont Building. We're there for at least one more year.
Mayor Clark: We know that.
Mr. Odio: We have talked...
Vice Mayor Plummer: I think that's got to be taken into consideration, that we don't have to buy
out a lease. That's very important.
155 February 9, 1995
Mr. Odio: We're not buying out the lease. We are not buying out the lease, Commissioner. We
cannot buy out the lease.
Vice Mayor Plummer: Well, then...
Commissioner Dawkins: So when are you going to...
Mr. Odio: We have to plan the moves so that we can...
Commissioner Dawkins: So you're going to start negotiating with Florida Power and Light.
You're going to engage their building, and then they're going to let it sit there till... waiting until
all our leases are up, and we move in there?
Mayor Clark: We don't know yet.
Mr. Odio: Not all of it, but...
Vice Mayor Plummer: He's going to negotiate that.
Mayor Clark: We don't know yet.
Mr. Odio: We have to... They still have people working in the building, so they also need time
to move out.
----------------------------------------------------------------------------------------------------------------
36. AUTHORIZE MANAGER TO NEGOTIATE RESTRUCTURING OF $400,000
LOAN TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC. (EVIDENCED BY AGREEMENT AND PROMISSORY
NOTE AND SECURED BY A FOURTH MORTGAGE) -- EXECUTE
REQUIRED DOCUMENTS TO EVIDENCE RESTRUCTURING SAID LOAN.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: I said item 38, can we move?
Vice Mayor Plummer: Thirty-eight.
Mayor Clark: Restructure a loan for the Martin Luther King...
Mr. Cesar Odio (City Manager): We recommend this, sir. We recommend the restructuring of
this loan...
Mayor Clark: Got a motion?
Mr. Odio: ... to Martin Luther King Economic Development.
Mayor Clark: Got a motion? Give me a...
Vice Mayor Plummer: Is Mr. Mason here? Sam Mason?
Mr. Frank Castaneda: He's no longer the director.
Mr. Odio: He's no longer the director.
156 February 9, 1995
1
Mr. Castaneda: Ana Ward is is the director.
Vice Mayor Plummer: Well, the reason, maybe, that he's no longer the director is because he
raised some ideas and some questions. What kind of guarantee do you have that this thing will
be paid back?
Mr. Pablo Perez -Cisneros: Well, for the first time, Commissioners, we have come to a verbal
agreement with Martin Luther King, and they stopped payments on the loan on an arrangement
that we made since September of this year.
Mr. Castaneda: They've been making payments since September, Commissioner.
Mr. Perez -Cisneros: During the previous administration, no payments were made, due to a
number of reasons, which are well stated in the memos.
Mayor Clark: They're starting to repay now?
Mr. Castaneda: Yes, sir.
Mr. Perez -Cisneros: Yes, sir, and we have confidence that the organization will be able to
continue payments.
Vice Mayor Plummer: OK. That's fine. I'll move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Clark: Who seconded?
Vice Mayor Plummer: Miller.
Mayor Clark: Cast a unanimous ballot.
157 February 9, 1995
,. "N
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-98
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
RESTRUCTURING OF A $400,000.00 LOAN FROM THE CITY OF MIAMI TO
MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC.,
EVIDENCED BY AN AGREEMENT AND PROMISSORY NOTE AND SECURED
BY A FOURTH (4TH) MORTGAGE; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO
EVIDENCE THE RESTRUCTURING OF SAID LOAN, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. DECLARE UNIFIED DEVELOPMENT PROJECT (UDP) AS MOST
ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -
OWNED WATERFRONT LAND -- AUTHORIZE PREPARATION OF DRAFT
REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF A
SPECIALTY BOTANICAL GARDEN ATTRACTION IN THE VICINITY OF
THE JAPANESE GARDEN AND MIAMI YACHT CLUB ON WATSON
ISLAND -- SET PUBLIC HEARING FOR MAY 11, 1995.
Mayor Clark: Thirty-nine.
Mr. Cesar Odio (City Manager): It's the UDP (Unified Development Project) to issue an RFP
(Request for Proposals) for the Botanical Gardens at Watson Island.
Vice Mayor Plummer: Well, that's... That could be a Parrot Jungle; is that correct?
Mr. Odio: Or a Parrot Jungle.
Ms. Diane Johnson: Botanical garden.
Vice Mayor Plummer: OK.
158 February 9, 1995
Mayor Clark: Is there a motion.
Vice Mayor Plummer: Well, let's make it very clear.
Mayor Clark: Oh, please, let's try to move this agenda.
Vice Mayor Plummer: OK.
Mayor Clark: My God, everybody's got ideas, but these people out here are waiting on us. Let's
do something here.
Vice Mayor Plummer: No carnival atmosphere.
Ms. Johnson: No problem.
Vice Mayor Plummer: I move it.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-99
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD
TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT
LAND IS BY A UNIFIED DEVELOPMENT PROJECT ("UDP"); FURTHER
AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR A UDP, AND CONFIRMING THE SCHEDULING OF A
PUBLIC HEARING FOR MAY 11, 1995 AT 10.00 A.M., TO TAKE TESTIMONY
REGARDING SAID RFP FOR THE DEVELOPMENT OF A SPECIALTY
BOTANICAL GARDEN ATTRACTION ON CITY -OWNED WATERFRONT
PROPERTY LOCATED IN THE VICINITY OF THE JAPANESE GARDEN AND
THE MIAMI YACHT CLUB ON WATSON ISLAND, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
159 February 9, 1995
----------------------------------------------------------------------------------------------------------------
38. APPROVE, IN PRINCIPLE, DESIGNATION OF THE URBAN LEAGUE OF
GREATER MIAMI, INC. AS SPONSOR TO UNDERTAKE DEVELOPMENT
OF SIX NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES /
INDIVIDUALS OF LOW / MODERATE INCOME ON CITY -OWNED
VACANT PARCELS IN MODEL CITY NEIGHBORHOOD -- SUBJECT TO
SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE
CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND
PERMANENT FINANCING -- DIRECT URBAN LEAGUE TO PREPARE /
FINALIZE PROJECT PLANS / SPECIFICATIONS / CONSTRUCTION /
PERMANENT FINANCING / CONSTRUCTION SCHEDULE, TO BE
SUBMITTED WITHIN 12 MONTHS FOR FINAL APPROVAL BY CITY
COMMISSION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 40.
Mr. Cesar Odio (City Manager): This is to approve the designation of the Urban League of
Greater Miami as a nonprofit housing corporation.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Commissioner Dawkins: Hold it. Hold it.
Vice Mayor Plummer: Hold it.
Commissioner Dawkins: Where is the Urban League? Urban League. Mr. Mayor and fellow
Commissioners, this City Commission must take the steps to provide affordable decent housing.
I would like, although we have never done it before, before we OK either one of these items
today, that the entity or agency that is going to develop housing on these lots do no less than the
City of Miami has done already that they can put nothing that is not equal to or greater than that
that we've already put on this land, our land. I'd like for them to tell me the size of the units,
how many bedrooms the units will have, and what they're going to sell them for, because we are
giving them the land, we're giving them operation money, and if they're going to build them and
price them out of the range of affordability, then the City of Miami is not serving the public.
And on the other hand, if we do not demand a product that will enhance the neighborhood, we're
still doing a discredit to the City. So I would like either to pass this on the first reading and hold
up on it till they come before this Commission with some drawings.
Mayor Clark: It's a resolution, not an ordinance.
Commissioner Dawkins: Well, then, I defer it until these individuals come before us with
drawings, and what have you, as to what they're going to put on the land that we're giving to
them.
Mayor Clark: All right. A motion and a second on deferral?
Vice Mayor Plummer: I would ask when they come back, Mr. Mayor, I don't see here where
this is to be land given to them. It is for them to undertake the development.
160 February 9, 1995
Mr. Odio: Why don't you approve it in principle, and they have to bring any... in order to build
there, they must bring their drawings here for approval?
Mr. Jeff Hepburn: That's correct. Plus the financing has to be lined up.
Mr. Odio: In other words, you can approve them in principle, and they would have to bring their
project here for your approval.
Commissioner Dawkins: Well, I did not see that in the backup this time or the last time.
Mr. Odio: OK. Well, make a condition to that as the resolution.
Commissioner Dawkins: OK. Was that in my backup, Mr. Hepburn?
Mr. Hepburn: Yeah. It's approved in principle. They have to come back within 12 months,
Commissioner.
Commissioner Dawkins: No, no, no. Was that in the backup?
Mr. Hepburn: It's in the resolution.
Mr. Odio: If it's not even done, just go ahead and add it in.
Vice Mayor Plummer: All right. If they get City... They're asking free of charge, City
property?
Mr. Hepburn: At this point, we haven't talked about reimbursement value to the City, but at this
point, I think they're talking about total donation.
Vice Mayor Plummer: Well, how...
Commissioner Gort: I think it's going to be reduced from the price of the house.
Vice Mayor Plummer: How are we going to continue these kind of programs? Where are we
going to get the money to continue if we don't get some money back? I mean, there's only so
much in the cupboard.
Mr. Odio: Well, as long as we own the land, it doesn't pay taxes. When you start building, you
develop, we sell it, or whatever... put it back into the tax rolls. So it...
Vice Mayor Plummer: And what is the value of the land?
Mr. Hepburn: Well, our total cost on this particular item was $35,000 for six lots.
Vice Mayor Plummer: I hear you, but I still think that you got to get something back. My
concern is always - and I'll put it very briefly on the record OK? - where you cannot build in for
speculation, and we've seen it happen in the past...
Mayor Clark: Coconut Grove is a good example.
Vice Mayor Plummer: ... where we give houses out at an unbelievable low cost, they keep them
for six months or a year, they turn around and they sell them, and they make a big profit off of
them. I think that's unfair, it's not proper, and I... But I'm being told I can't build that into it.
It's the free enterprise system.
161 February 9, 1995
Commissioner De Yurre: Well, Mr. Mayor, why can't we put some kind of parameters to make
sure that the price of the land that we're kicking in is... we're going to get it back through, you
know, through a reduction in the price to the buyer? I just don't want that... that would be an
extra thousand dollars of profit that are kicked in.
Vice Mayor Plummer: Well, I'd just like to see some way.
Commissioner Dawkins: OK. Go ahead, Commissioner Gort. OK. I would have a problem
with this, if the Urban League was not involved.
Vice Mayor Plummer: I agree.
Commissioner Dawkins: The Urban League is committed to the betterment of the community. I
do not think the Urban League would permit anything to go into a neighborhood that would
downgrade the neighborhood. OK? But if I don't spell it out for the Urban League, feeling that
they will do that, then I can't spell it out for those who come behind the Urban League. So I'm
trying to set a precedent for everybody else who comes through here to build homes within the
City of Miami, that they build a quality product.
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: My understanding is, and I got the same word that you had, that somebody
would buy this at a low discount, after six months, they use it... resell it for... If that were to take
place, we got to build in something that the City would get their money back.
Vice Mayor Plummer: When you come back... When you come back, bring me the assurances
that that's not going to happen, in writing.
Commissioner Gort: Because home ownership, to me, I think it's very important. We need to
do that in all our neighborhoods.
Vice Mayor Plummer: OK. We have a resolution before us, item 40. Is there any further
discussion?
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: OK. Show a unanimous ballot.
162 February 9, 1995
1 i.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-100
A RESOLUTION, WITH ATTACHMENT(S), APPROVING IN PRINCIPLE, THE
DESIGNATION OF THE URBAN LEAGUE OF GREATER MIAMI, INC., A NOT -
FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE
DEVELOPMENT OF SIX (6) NEW SINGLE FAMILY HOMES AFFORDABLE TO
FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON
SEVERAL CITY -OWNED VACANT PARCELS LOCATED IN THE MODEL CITY
NEIGHBORHOOD (MORE PARTICULARLY AND LEGALLY DESCRIBED ON
EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF), SUBJECT
TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE CITY
OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT
FINANCING; DIRECTING THE URBAN LEAGUE OF GREATER MIAMI, INC. TO
PREPARE AND FINALIZE PROJECT PLANS AND SPECIFICATIONS,
CONSTRUCTION AND PERMANENT FINANCING, AND CONSTRUCTION
SCHEDULE TO BE SUBMITTED WITHIN TWELVE MONTHS OF ADOPTION OF
THIS RESOLUTION FOR FINAL CONSIDERATION AND APPROVAL BY THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------------------- --------------------------------------------------------------------------------
39. VICE MAYOR PLUMMER REQUESTS THAT THE ST. HUGH OAKS
CONTRACTOR BE INVITED TO APPEAR AT NEXT COMMISSION
MEETING TO ANSWER QUESTIONS UNDER OATH -- COMMISSIONER
DAWKINS REQUESTS THAT THE PERSON(S) RESPONSIBLE FOR
DIGGING HOLES BEHIND ST. HUGH OAKS PROPERTY APPEAR
BEFORE THE COMMISSION.
Vice Mayor Plummer: Mr. Manager, I would ask that the contractor of St. Hugh Oaks be invited
to the next City Commission. I have some questions that are being raised by the community.
They are very serious questions that I would like to put the man under oath to answer and resolve
the matter before this Commission, because it's something that's going to boil out there, and I
think we need to have him here, and put him under oath, to certain statements that he has
163 February 9, 1995
possibly made to some of the people who are considering. OK?
Commissioner Dawkins: On the same item, Mr. Manager, bring before this Commission the
person who dug holes on the City of Miami's property behind the St. Hugh property. Bring that
person before this Commission so they can tell me who gave them permission to put in these
holes. And if you can't find them, you bring Mr. Wally Lee before this Commission, and put
him under oath, and let him tell me who he found out dug those holes. Thank you. No, at the
next Commission meeting. Let... When he wants... We'll do all this on St. Hugh at the same
time.
Vice Mayor Plummer: OK.
Commissioner Dawkins: All right?
END OF DISCUSSION -- NO ACTION TAKEN
-----------------------------------------------------------------------------------------------------------
40. REALLOCATE $50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS (CDBG PROJECT: MULTIFAMILY HOUSING REHABILITATION
LOAN PROGRAM REVENUE ACCOUNT) IN ORDER TO PROVIDE
ADMINISTRATIVE FUNDING TO THE URBAN LEAGUE OF GREATER
MIAMI, INC. FOR UNDERTAKING HOUSING RELATED ACTIVITIES IN
MODEL CITY NEIGHBORHOOD -- ALL INVOICES TO BE SUBMITTED --
EXECUTE AGREEMENT.
Vice Mayor Plummer: Item 41. OK? Item 41, a multifamily housing rehabilitation loan
program.
Mr. Cesar Odio (City Manager): It's to award them $50,000 from CDBG (Community
Development Block Grant) funds for the multi -house family rehabilitation loan program so that
they can proceed.
Vice Mayor Plummer: Is this the same as the previous one?
Mr. Odio: The housing related activities... It's related to 40.
Vice Mayor Plummer: Is this the same as the item before?
Mr. Jeff Hepburn: No. It differs in the sense that we're making administrative dollars available
to them to do housing in the City.
Vice Mayor Plummer: So we're giving them the property, and now, we're going to give them
money to boot.
Mr. Hepburn: Well, they're also doing other projects, Commissioner Plummer.
Vice Mayor Plummer: OK. I'm asking, was this related to the previous?
Mr. Odio: Yes, it is, because what we're doing is, we're asking them to become a housing
developer, and we have done this with many other developers and said, here is your
administrative funds so you can become active in that area...
164 February 9, 1995
Vice Mayor Plummer: I would like a paper trail.
Mr. Odio: ... and this is what those funds are earmarked for in CDBG funding.
Vice Mayor Plummer: I will ask that a paper trail be given to this $50,000.
Mr. Odio: I will agree 100 percent. They will have to justify every penny of it.
Vice Mayor Plummer: I want to see a paper trail, where that money is going to.
Mr. Hepburn: Yeah. We will have to execute agreements with them, and...
Vice Mayor Plummer: Is there a motion on 41?
Commissioner Gort: So move it.
Vice Mayor Plummer: Is there a second? Is anyone wishing to discuss item 41? If not, show
a...
Commissioner Dawkins: You do not have a second. I don't know where you're going with it.
Vice Mayor Plummer: I'm sorry. I thought I...
Commissioner Dawkins: I didn't hear anybody second it.
Vice Mayor Plummer: Who made the motion?
Commissioner Dawkins: Mr. Gort.
Commissioner Gort: I did.
Vice Mayor Plummer: Mr. Gort. Is there a second to the motion? Once. Is there a second...
Commissioner Dawkins: Second over here.
Ms. Matty Hirai (City Clerk): Commissioner De Yurre.
Vice Mayor Plummer: Well, I can't hear him. Tell him to sit up. I can't hear him. There is a
motion and a second. Is there any discussion? Knowing Dawkins, call the roll.
Commissioner Dawkins: No.
Vice Mayor Plummer: That's why I'm calling the roll.
Commissioner Dawkins: Thank you. Go ahead.
165 February 9, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-101
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO REALLOCATE
$50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS,
FORM CDBG PROJECT ENTITLED "MULTIFAMILY HOUSING
REHABILITATION LOAN PROGRAM REVENUE ACCOUNT", FOR THE
PURPOSE OF PROVIDING ADMINISTRATIVE FUNDING TO THE URBAN
LEAGUE OF GREATER MIAMI, INC. FOR UNDERTAKING HOUSING RELATED
ACTIVITIES IN THE MODEL CITY NEIGHBORHOOD; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE URBAN LEAGUE OF
GREATER MIAMI, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
SUBJECT TO REVIEW AND APPROVAL OF ORGANIZATIONAL CAPACITY
AND PROPOSED WORK PROGRAM BY 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 De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: Commissioner Miller J. Dawkins
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: As long as I have a paper trail, and that every dollar has to be accounted
for, I want to see it, I vote yes.
Vice Mayor Plummer: Item 42.
Mr. Odio: Approving the designation of Habitat for Humanity of Greater Miami, a nonprofit
housing corporation...
Commissioner Dawkins: Where are they?
Vice Mayor Plummer: Yeah, I got problems with these people.
Commissioner Dawkins: Where are they?
Mr. Odio: Habitat, are they...
Commissioner Dawkins: Defer it until the next meeting.
166 February 9, 1995
Vice Mayor Plummer: So be it. Well, let me tell you what my problem is. They came to me
and told me that they do things better than you do. And I said, then why do I need them?
Mr. Odio: Oh, everybody says that, but, you now...
Vice Mayor Plummer: I want that lady to say it on the record. She came here and told me, made
that statement, and I want her to say it on the record. I might agree with her. OK, 42 is, in fact...
Commissioner Dawkins: He agreed with it, and I don't. That's one and one. What's your
problem?
NOTE FOR THE RECORD: AGENDA ITEM 42 WAS
DEFERRED UNTIL THE NEXT MEETING.
----------------------------------------------------------------------------------------------------------------
41. CONFIRM RESOLUTION 89-828, THEREBY ESTABLISHING THE
FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT -- EXTEND SAID DISTRICT FOR ADDITIONAL ONE YEAR
PERIOD -- DESIGNATE PROPERTY UPON WHICH SPECIAL
ASSESSMENTS SHALL BE MADE -- ESTABLISH / LEVY SPECIAL
ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT FOR
PROVISION OF PROMOTION, MARKETING AND OTHER SIMILAR
SERVICES FOR PURPOSE OF STABILIZING / IMPROVING SAID
DISTRICT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Forty-four.
Mr. Cesar Odio (City Manager): May I?
Vice Mayor Plummer: Thereby establishing the Flagler Core Area Security District. Mr. Gort,
this comes within the DDA (Downtown Development Authority), item 44. Oh, I'm sorry, Mr.
Mayor. I didn't see you come back.
Commissioner Gort: My understanding, from discussing and talking to several people in
downtown, especially property owners, they feel this is a self-imposed tax that they have put on
themselves. I understand this was used in the past, in order to have Wackenhut provide services
in the evening. One of the things they realize in downtown Miami, we need to bring people back
into downtown, attracting them down, and they would like to have the same thing passed again
with the use of these funds to be used for the marketing and advertising for the downtown area.
My understanding is before any of this money can be touched or spent, there has to be a
complete plan, and it would have to be agreed by the majority of the property owners. My
understanding is such meeting has taken place, and Mr. Peeples is here to represent what
meetings have taken place.
Mayor Clark: Do you recommend this, Mr. Gort?
Commissioner Gort: I recommend, but I would like to hear from Mr. Peeples, if you don't mind,
Mr. Mayor.
167 February 9, 1995
Mayor Clark: Mr. Peeples.
Mr. Jack Peeples: May it please the Mayor and members of the Commission. My name is Jack
Peeples. My professional address is First Union Financial Center, downtown Miami. I am here
representing the downtown Miami Partnership, and Commissioner Gort has explained it quite
well there. As you all know, under Florida Statutes, Chapter 170, municipalities may impose a
property assessment in a district, provided the affected property owners consent to it. And in
following the procedural instructions of the City Attorney, the property owners have considered
this. They want to... They want to have the assessment continued. It will expire now on March
7. But as the Commissioners pointed out, we would like to change the expenditures to
marketing, promotion and advertising for the core area. We also... And another condition that
we would impose, with our consent, would be that it be administered by the Downtown Miami
Partnership. It is not... It would not be workable for this program to be administered or a
strategic plan adopted by anyone other than the property owners who are marketing their area.
Mayor Clark: Is that all right with your people, Willy?
Commissioner Gort: Also, the plan would be approved by the majority of the property owners
within the core district.
Mr. Peeples: Absolutely.
Vice Mayor Plummer: It would have to be. I would like to make a proviso there, that you not be
given a grant of money. You'd be surrendering bills to the DDA, and they would pay the bills
from the funds. I don't know how else you can do it. Huh?
Mr. Peeples: Well, sir, the...
Vice Mayor Plummer: How else can you do it?
Mr. Peeples: Well, I think there's ample precedent for allowing the property... association to do
it themselves. It's done in Miami Beach that way. It's done under the law many times that way.
Vice Mayor Plummer: Who will stand up for the credibility? How? Will there be a paper trail?
Mr. Peeples: There would be a strategic plan, as the Commissioner pointed out. It would be
adopted by the partnership, and that plan would be submitted, and that plan would be followed.
Vice Mayor Plummer: Submitted to who?
Mr. Peeples: I would suspect to this Commission.
Vice Mayor Plummer: To this Commission?
Mr. Peeples: Yes, sir.
Vice Mayor Plummer: Fine. I didn't think it was coming before this Commission. That's fine
with me.
Mayor Clark: Any further discuss...
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, you don't... Let me just say
something, because I think that it may be problematic. You're talking about giving funds,
168 February 9, 1995
whatever, to this particular group, but unless you have some standards and criteria and some
control, then I think you've got a real problem. So that's why I think the suggestion that you
made...
Vice Mayor Plummer: Well, you're talking in excess of $300,000, as I remember.
Mr. Peeples: Yes, sir, about $371,000 would be the projected revenue.
Vice Mayor Plummer: Yeah.
Mr. Jones: I mean, you've got to have some sort of controls built in. It can't be just an outright
grant.
Vice Mayor Plummer: My concern is for my colleague. I assure you, if it doesn't go properly or
right, we're going to be looking to him. So that's why I'm saying, is there a paper trail? Who is
going to sit in judgment over this $371,000?
Mr. Peeples: We would be very happy and proud to have Commissioner Gort sit in judgment of
that. We'd have no concern at all.
Vice Mayor Plummer: I make that a part of the motion, and I move for its approval.
Commissioner Dawkins: Second.
Mr. Peeples: One thing, if I may, for the City Attorney, that in order to comport with the consent
that the property owners have given, there would be two minor changes to the resolution that I
could work out with you. That would be the...
Mr. Jones: I think whatever they are I think it ought to be put on the record, you know.
Mr. Peeples: I can put them on very quickly. On the second page, counselor, on the fourth
"whereas," if you would add at the end of that paragraph, "To be administered by the Downtown
Miami Partnership, Inc., a not for profit Florida corporation," and what other additional language
you're going to place on there to carry out Commissioner Plummer's...
Mr. Jones: Well, see, that's my problem, "administer." You know, when you start talking about
"administering," you're talking about a delegation of authority that this Commission has given to
DDA, which DDA is, in essence, delegating to a private, not for profit corporation. And I think
that's the problem. You shouldn't be, that organization should not be in a position of
administering, because it poses too many problems. I think if you're challenged as to whether
that's a proper delegation of DDA's authority, considering that DDA is supposed to be an
independent taxable district, anyway, created by this Commission. So I think the Commission
has to, if it wants to make this thing proper, to set the proper mechanism for the money to be
funneled through or whatever else.
Vice Mayor Plummer: Why can't we make it with Commissioner Gort having the right of veto?
Mr. Peeples: That would suit us fine, Commissioner.
Vice Mayor Plummer: Huh? I think if Commissioner Gort has the right of veto of any item,
then it's kosher.
Mr. Jones: Well, you know, what the other problem, then, is, you've got the Commissioner
acting on behalf of the Commission.
169 February 9, 1995
Vice Mayor Plummer: No. DDA.
Mr. Jones: No. You've got him acting on behalf of the Commission.
Vice Mayor Plummer: Well, let's... We'll make him a committee of one, Mr. Mayor.
Mayor Clark: Absolutely.
Commissioner De Yurre: Whoever the DDA chairman is, so this... I imagine this is not just a
one-shot deal, right?
Mr. Peeples: It's one year. You have to renew it each year.
Commissioner De Yurre: Just for one year?
Mr. Peeples: Yes, sir. Each year, you have to renew the resolution, each year.
Commissioner De Yurre: OK.
Vice Mayor Plummer: Now, I have one question, Mr. Manager. This means that they will be
terminating the contract with the present security company in the downtown.
Mr. Peeples: Yes, sir, and we want to make it...
Vice Mayor Plummer: We... Excuse me, you're not the Manager. Mr. Manager, we saw
glowing reports by you and our Police Department of what this organization was doing for the
protection of downtown. What are you - and I'd like to see a memo - going to do now to give
the same amount of protection that wasn't there before, so that we don't have the merchants
coming here, screaming at us about the lack of security in downtown? I'm concerned about it. I
want to see how you're going to address the problem, realizing that as of March the 7th, that
company who has been there previously, and who you have boasted about, will no longer be
there. I ask that in a memo form. Thank you.
Mayor Clark: On this item, there's a motion and a second?
Vice Mayor Plummer: I moved it, Mr. Mayor.
Mayor Clark: Call the roll.
Mr. Jones: Yeah. Let me just put one condition, Commissioner, so that you understand. Any
veto power that you have would be subject to set standards and criteria, so it can't be said that it
was arbitrarily...
Commissioner Gort: We'll bring it back.
Mr. Jones: OK.
Mayor Clark: All right.
Commissioner Gort: We'll bring a plan back.
Mayor Clark: Call the roll, Madam Clerk.
170 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-102
A RESOLUTION, WITH ATTACHMENT(S), CONFIRMING RESOLUTION NO. 89-
828, ADOPTED SEPTEMBER 14, 1989, THEREBY ESTABLISHING THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT AND EXTENDING SAID DISTRICT FOR AN ADDITIONAL ONE YEAR
PERIOD; DESIGNATING THE PROPERTY UPON WHICH THE SPECIAL
ASSESSMENTS SHALL BE MADE AND ESTABLISHING AND LEVYING
SPECIAL ASSESSMENTS AGAINST THE PROPERTIES IN SAID DISTRICT FOR
THE PROVISION OF PROMOTION, MARKETING AND OTHER SIMILAR
SERVICES FOR THE PURPOSE OF STABILIZING AND IMPROVING SAID
DISTRICT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
42. AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) TO
SOLICIT / EVALUATE / SELECT MANAGING UNDERWRITERS FOR
TAX-EXEMPT AND TAXABLE NOTE AND BOND FINANCINGS --
APPOINT SELECTION COMMITTEE. (Appointed were: Boris Rosen, Luis
Ajamil, Mikki Canton & Manny Diaz. Pending still is one appointment.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On item 45, why are we going out to get new proposals, Mr. Manager?
Vice Mayor Plummer: We're to name a new committee; is that correct?
Mayor Clark: What?
Vice Mayor Plummer: We're to name a new committee?
Mayor Clark: Why?
Mr. Carlos Garcia: Yes. Mr. Mayor and Commissioners, we are going out... We're requesting a
new RFP (Request for Proposals) for underwriting services. We put out one in May of last year.
171 February 9, 1995
Vice Mayor Plummer: Right.
Mr. Garcia: But there have been numerous changes in the industry ever since. Many firms have
closed down, others have left Miami, so we're asking at this time to update our files, to put out
the new RFP, and get new proposals, as well as set up a new committee.
Vice Mayor Plummer: I will name as my representative to that committee Mr. Boris Rosen, R-
O-S-E-N.
Mayor Clark: You got one, Willy? I have Ms. Mikki Canton. Miller?
Commissioner Dawkins: I'll name one later.
Mayor Clark: Victor.
Commissioner De Yurre: Is this the one that we did where everything got thrown out, and we're
redoing it again?
Mr. Garcia: Yes, sir.
Commissioner De Yurre: I... You know, Manny Diaz again.
Mayor Clark: All right. Cast a unanimous ballot on those, Madam Clerk.
Vice Mayor Plummer: So be it.
Commissioner Dawkins: I will submit mine in writing, if it's all right with the rest of you.
Mayor Clark: All right. Item number 46. Thank you.
Vice Mayor Plummer: Forty-six?
Commissioner Gort: Wait a minute. I'm sorry, Mr. Mayor. On this one, I'd like to name the
same individual I had serving before.
Mayor Clark: OK.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-103
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT, EVALUATE AND
SELECT MANAGING UNDERWRITERS FOR TAX-EXEMPT AND TAXABLE
NOTE AND BOND FINANCING(S); AND APPOINTING MEMBERS TO A
SELECTION COMMITTEE TO REVIEW SAID RFP.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
172 February 9, 1995
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
43. PURCHASE THREE 1995 FORD RECYCLING TRUCKS (FROM EXISTING
STATE OF FLORIDA CONTRACT NO. 070-700-95-1) -- FROM ATLANTIC
FORD -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE -- ALLOCATE $323,649.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 46.
Mr. Cesar Odio (City Manager): It's to purchase three 1995 Ford recycling trucks, Mr. Mayor,
with a grant from Education... Recycling and Education Grant.
Mayor Clark: Somebody move this.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Yes, we need them. Can't live without them.
Mayor Clark: Cast a unanimous ballot.
173 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-104
A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) 1995 FORD
RECYCLING TRUCKS FROM AN EXISTING STATE OF FLORIDA CONTRACT
NO. 070-700-95-1 FROM ATLANTIC FORD AT A PROPOSED AMOUNT OF
$323,649.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS THEREFOR
FROM, FY 94-95 RECYCLING AND EDUCATION GRANT, ACCOUNT CODE NO.
421304-840, PROJECT NO. 197006; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. (A) APPROVE LEASE / PURCHASE OF 230 1995 CHEVROLET
CAPRICE PURSUIT VEHICLES (UNDER EXISTING DADE
COUNTY CONTRACT NO. 3407-OEC-3) -- FROM ED MORSE
CHEVROLET -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE -- VEHICLES TO BE
ACQUIRED THROUGH 36-MONTH LEASE / PURCHASE PLAN
OFFERED BY A FINANCIAL INSTITUTION -- ALLOCATE
$3,544,373.60.
(B) VICE MAYOR PLUMMER DIRECTS ADMINISTRATION TO
ENSURE THAT ALL POLICE CARS HAVE CITY DECAL ON
THEM. (See label 53)
Mayor Clark: Forty-seven.
Vice Mayor Plummer: Is this also a grant?
Mr. Cesar Odio (City Manager): In order... No, I wish. In order to comply with the labor
contract that we have with the FOP (Fraternal Order of Police), we need to purchase 230 pursuit
vehicles.
174 February 9, 1995
Mayor Clark: All right.
Commissioner Dawkins: How many pursuit vehicles have we purchased since this began?
Mr. Odio: We purchased 300 and...
Mr. Ron Williams (Assistant City Manager): Yeah. I think this will get us towards 750, 1
believe.
Commissioner Dawkins: Seven -fifty? How many did we purchase before this began?
Mr. Odio: It would make a total of 530.
Mr. Williams: OK, 530. I stand corrected.
Commissioner Dawkins: Five -thirty, and this will make 800?
Mr. Odio: No, sir. We had purchased 300 before, and 230 now.
Mr. Williams: I think it's 230.
Commissioner Dawkins: Now, wait a minute, no, we did more than that, Mr. Manager.
Mr. Odio: I'm going by memory. I...
Commissioner Dawkins: OK. Well, let's go by the book.
Mr. Al Cotera: Yeah, it's 530 vehicles, to include these 230. Last year, it was 300. You have
the 20 motorcycles, which are also considered vehicles in the contract.
Mr. Odio: Well, OK.
Mr. Cotera: And that will take us to 550. They're vehicles.
Mr. Williams: Five -fifty.
Commissioner Dawkins: They are? They are? I thought... Well, then, see, that's what I need to
know, because, see, I'm looking at pursuit vehicles as automobiles.
Mr. Odio: Yeah. We...
Commissioner Dawkins: OK. Wait a minute, Mr. Manager.
Mr. Odio: Oh, I'm sorry.
Vice Mayor Plummer: Well, they've always taken motors home.
Mr. Cotera: The contract for this year calls for 250 vehicles. We purchased 20 motorcycles, and
contractually, those are considered vehicles.
Commissioner Dawkins: OK.
Mr. Cotera: So we come up with 230 squad cars now, to make up...
175 February 9, 1995
Vice Mayor Plummer: They've always...
Mr. Cotera: ... to complete the contract.
Commissioner Dawkins: OK. All right. Now, so 500 and what, now?
Mr. Cotera: It would be 550 total over the last two years.
Commissioner Dawkins: OK. Now, what happened to the 500 vehicles that these replaced?
Mr. Odio: We did not replace. We kept the vehicles in place. What this did, when you
approved the labor contract, we extended the life of the other vehicles to go to seven years...
Mr. Cotera: That's correct.
Mr. Odio: ... instead of three.
Mr. Cotera: No, five years instead of three.
Mr. Odio: Or five years instead of three and...
Mr. Cotera: And certain vehicles go up to seven.
Mr. Odio: Exactly. So you, in fact, did not...
Commissioner Dawkins: Mr. Manager, my concern is...
Vice Mayor Plummer: Can't afford it.
Commissioner Dawkins: ... the people in the Fire Department who do inspections...
Vice Mayor Plummer: Here it comes.
Commissioner Dawkins: ... the people in Building and Zoning who do inspections and go out...
Vice Mayor Plummer: I told you.
Commissioner Dawkins: ... the vehicles I see them in look like they're falling apart. OK?
Vice Mayor Plummer: Here it comes.
Commissioner Dawkins: And we continue to buy automobiles and vehicles, but I never see
them filtered... Me, me. I don't see them filtered down to those people who are driving these
wrecks that...
Mr. Odio: We have an order of 100 vehicles...
Mr. Williams: Yeah, that are recommended.
Mr. Odio: ... for the civilian work force.
Mayor Clark: I'll tell you where they can go. They can come to the Mayor's Office, and I get
all the wrecks.
176 February 9, 1995
Commissioner Dawkins: That's right, mm-hmm.
Mayor Clark: OK.
Mr. Odio: We have an order of 100 vehicles for the civilian work force.
Commissioner Dawkins: One hundred, when?
Mr. Williams: We'll bring that back at the next meeting.
Mr. Odio: It will be...
Commissioner Dawkins: When will they... OK. You have an order. When will they be
delivered?
Mr. Odio: In March, they will be here for your approval, and they will be here - when? - 30 days
after that?
Mr. Williams: No more than 60, Mr. Manager.
Mr. Odio: No more than 60.
Vice Mayor Plummer: Mr. Manager, may I ask a question? I mean, I'm going to vote for this,
but it was my understanding... it wasn't my understanding. It was part and parcel of the
agreement that we had with the FOP that all of the cars that were take-home would be marked
with the exception of detectives who were working undercover work, and that was to give the
presence in the neighborhoods of a police vehicle. Now, I have seen many, many of the
vehicles out on the streets, take-home cars, that are not so indicated.
Mr. Williams: Commissioner, I believe, and I certainly would yield to the document, I believe
that the intention was that sworn officers would be provided with a take-home vehicle.
Vice Mayor Plummer: The whole intent, besides a benefit for the Police Department was to give
a better recognition in the neighborhoods. Now, I can tell you where I'm looking at. The higher
echelon of the Police Department, who have take-home cars, are not marked. They are plain,
white cars.
Commissioner Dawkins: And they always filter down the old one, and they take home a new
one.
Vice Mayor Plummer: And the only markings, to my knowledge, that they have, is a yellow
tag. Now, why aren't they marked?
Mr. Cotera: Excuse me, Commissioner Plummer.
Vice Mayor Plummer: They're not detectives. Go ahead, Al.
Mr. Cotera: Yeah. The only vehicles that are currently not marked, and - although they do, on
the back, have the unit number, aside from the just the tag, they do have the unit number, and
most of them have the bulb or the light, the blue light sitting on the dash - are homicide
detectives, some of your robbery detectives. Basically, the Detective Bureau does not have...
because they have no need for the lights over the top, and all the insignia. It also creates a
problem in contacting witnesses, such as in the case of...
177 February 9, 1995
Vice Mayor Plummer: I have no problem with that. OK?
Mr. Cotera: OK. Those are the only ones that I'm aware of that do not have marked vehicles.
Vice Mayor Plummer: There are others. There are others, and I would ask that the Manager to
report back, because I can tell you at least three that I know of. They're in the upper echelon.
They're not detectives. They do not have an indication on the side of that car, other than the car
number and a yellow tag. It is supposed to be, my understanding, Miami Police Department, the
same decal that's on all of the rest of them.
Mayor Clark: OK.
Vice Mayor Plummer: And I would make sure, because I'll bring you the numbers.
Commissioner De Yurre: Mr. Mayor, also, for the record, I've seen rank and file police officers
that have white cars without - in fact, I rode in one the other day - nothing that tells you it's a
police officer's car, nothing at all.
Mayor Clark: Well, that may be undercover officers.
Vice Mayor Plummer: Well, if they're undercover, that's the reason.
Mr. Cotera: Let me know.
Commissioner De Yurre: They're not undercover, a regular police officer.
Mr. Cotera: Well, let me know who, you know, and I'll discuss it with the other... The only cars
that I'm aware of that aren't even white, don't even look like our cars, and are upper echelon, are
the staff vehicles, and those are the Crown Victorias. I'm not aware of those.
Vice Mayor Plummer: Well, what about the half a million dollars of the grant, a federal grant
we're using for rental cars?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Plummer: But why would a guy that's in robbery have to have a plain car if he's
using the grant car?
Mr. Cotera: No, we have no duplication. If a guy... Certain people in robbery have a white car.
Vice Mayor Plummer: Does not every policeman have a take-home car?
Mr. Cotera: No.
Vice Mayor Plummer: No?
Mr. Cotera: No.
Vice Mayor Plummer: Not yet. OK.
Mayor Clark: All right. Let's move forward.
Vice Mayor Plummer: I'm going to look, and I'll be back to you, Mr. Manager.
178 February 9, 1995
Mr. Cotera: I'll get those numbers for you in the next 20 minutes.
Mayor Clark: Item 48.
Commissioner Gort: We got to move it. We haven't moved this.
Vice Mayor Plummer: We got to buy the cars. I'll move 47.
Commissioner Gort: Second.
Vice Mayor Plummer: We have no choice. It's part of the...
Mayor Clark: Cast a unanimous ballot. I'm glad we got through that.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-105
A RESOLUTION APPROVING THE LEASE/PURCHASE OF 2301995 CHEVROLET
CAPRICE PURSUIT VEHICLES, UNDER AN EXISTING DADE COUNTY
CONTRACT NO. 3407-OEC-3, FROM ED MORSE CHEVROLET AT A PROPOSED
AMOUNT OF $3,544,373.60 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE; SAID VEHICLES TO BE ACQUIRED
THROUGH A 36-MONTH LEASE/PURCHASE PLAN OFFERED BY A FINANCIAL
INSTITUTION; ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION/SOLID WASTE DEPARTMENT OPERATING
BUDGET, ACCOUNT CODE NO. 420902-880, PROJECT NO. 509000;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
179 February 9, 1995
----------------------------------------------------------------------------------------------------------------
45. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO ACCEPT PROPOSAL OF ENERGY PERFORMANCE SERVICES, INC. FOR DESIGN / ACQUISITION / INSTALLATION / MAINTENANCE /
TRAINING TO PROVIDE COMPREHENSIVE MANAGEMENT, FULL
RANGE OF ENERGY DEVICES AND ENERGY -RELATED
IMPROVEMENTS FOR 10 CITY -OWNED FACILITIES. (See label 50)
Mayor Clark: Forty-eight.
Vice Mayor Plummer: I'm going to ask 48 to be deferred, please.
Commissioner Dawkins: Second.
Vice Mayor Plummer: I want to look into that more, much more.
Commissioner Dawkins: Second.
Mayor Clark: What's your problem?
Vice Mayor Plummer: The cost and the involve...
Mr. Ron Williams (Assistant City Manager): There is no cost, Mr. Vice Mayor.
Vice Mayor Plummer: What is the capital cost of $1,363,440?
Mr. Williams: That very well could be the capitalized cost, but not a cost...
Vice Mayor Plummer: That's exactly what I'm talking about. I want to defer it and go into it
further, that's all.
Mr. Williams: There are no City costs involved, Mr. Vice Mayor.
Vice Mayor Plummer: I want to look at it, please. I'm not... You know, I'm not that well
versed.
Mayor Clark: All right, 49... let's move forward, then, and quit beating it to death.
AT THIS POINT, ITEM 48 WAS DEFERRED.
180 February 9, 1995
--------------------------------------------------------------- ------------------------------------------------
46. ACCEPT BID: PITMAN PHOTO, INC. -- FOR FURNISHING OF
PHOTOGRAPHIC SUPPLIES TO DEPARTMENT OF POLICE -- ALLOCATE
$101,874 -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF
FUNDS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Forty-nine.
Vice Mayor Plummer: Forty-nine. Move it.
Mayor Clark: No more pictures, so let's put it on hold.
Commissioner Gort: We never get to see the pictures.
Vice Mayor Plummer: Yeah.
Mayor Clark: Where are the pictures we've taken?
Vice Mayor Plummer: You ought to get Gort to do this as an outside thing.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Yes. Move it.
Mayor Clark: Cast a unanimous ballot.
Commissioner Dawkins: No. I vote no.
Mayor Clark: No from Miller.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-106
A RESOLUTION ACCEPTING THE BID OF PITMAN PHOTO, INC. FOR THE
FURNISHING OF PHOTOGRAPHIC SUPPLIES TO THE DEPARTMENT OF
POLICE, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL
PROPOSED ANNUAL AMOUNT OF $101,874.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-722; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND THIS
CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE
SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY
OF FUNDS.
181 February 9, 1995
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: W. P. AUSTIN CONSTRUCTION, CORP. (TOTAL BID) --
FOR PROJECT: MIAMI POLICE HEADQUARTERS - 3RD AND 4TH FLOOR
ADDITIONS B-2920A, SECOND BIDDING -- ALLOCATE $261,461 (CIP
312029) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 50. Item 50.
Mr. Wally Lee: Yes, Commissioner,
Commissioner Dawkins: Move it.
Mr. Lee: This is accepting a bid for the renovation of the third and fourth floors at the police
headquarters building, We received five bids, and the lowest bid was 75 percent of the budget.
The low bidder was W. Austin... W.P. Austin Construction Corporation, and all the bids were in
order.
Mayor Clark: Go ahead, Miller.
Commissioner Dawkins: What renovations will you make to the second and third... third and
fourth floors?
Mr. Cesar Odio (City Manager): This is an addition, Commissioner. We are adding in the
wing - there is a hole in the back of the building - so that we can consolidate Communications,
Fire and Police, in that floor.
Commissioner Dawkins: OK. Where will the money come from to buy equipment, chairs, et
cetera, for that?
Lt. Joseph Longueira: Commissioner, we're relocating from other areas into...
Commissioner Dawkins: No, Joe...
Lt. Longueira: There's no new furniture or stuff for this space.
182 February 9, 1995
Commissioner Dawkins: Joe.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: I've been here with you a long time.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: Every time we do something like this, you tell me what is not needed
and what is needed. OK?
Lt. Longueira: Yes, sir.
Commissioner Dawkins: And then, somewhere down the road, you come and tell me, "The
morale of the people is down, and the conditions we're working in are drab, and we go home in
the afternoon stressed out, so therefore, we need," and we have to give it.
Vice Mayor Plummer: He'll do it again.
Commissioner Dawkins: So why don't you avoid that now, and build that in, and put up
pleasant surroundings, so that people will not go home stressed out, and they will enjoy working
in that environment.
Lt. Longueira: OK. I can tell you this, that the bids came in lower than we...
Commissioner Dawkins: The bids have nothing... Oh, I hear you. Go ahead.
Lt. Longueira: The bids came in lower than we expected, so there may be some... There's some
monies left over that we funded for this. We can take that, but I need to award the construction,
and then with the excess money, we'll look at the furniture.
Commissioner Dawkins: I move this, that...
Mayor Clark: Get a good chair for Miller in there, too.
Commissioner Dawkins: Well, not in the jail. Do me a favor.
Mayor Clark: No. This is in the office, the office.
Commissioner Dawkins: All right, OK. I move this...
Mayor Clark: Second.
Commissioner Dawkins: ... with the provision that you come back and tell us exactly how much
money is left over.
Mayor Clark: All right.
Lt. Longueira: OK, sir.
Mayor Clark: Cast a unanimous ballot, with no exception.
183 February 9, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-107
A RESOLUTION ACCEPTING THE BID OF W. P. AUSTIN CONSTRUCTION
CORP., IN THE PROPOSED AMOUNT OF $261,461.00, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED "MIAMI POLICE HEADQUARTERS -
3RD AND 4TH FLOOR ADDITIONS B-2920A, SECOND BIDDING"; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 312029, AS APPROPRIATED BY
FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENT PROJECTS ORDINANCE
NO. 11205, AS AMENDED, IN THE AMOUNT OF $261,461.00 TO COVER THE
CONTRACT COST AND $48,132.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $309,593.00; 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 Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Fifty-one, withdrawn.
Vice Mayor Plummer: Withdrawn?
Mayor Clark: Fifty-two. Yes, sir.
Vice Mayor Plummer: May I ask why?
Mayor Clark: Because somebody wanted to withdraw it.
Vice Mayor Plummer: Fifty-two is withdrawn.
Mayor Clark: Fifty-two.
Mr. Lee: Yes, Commissioner.
Vice Mayor Plummer: I'm merely asking why.
Mr. Lee: A protest has been filed, and we're evaluating the protest.
Vice Mayor Plummer: Thank you, sir.
184 February 9, 1995
Mayor Clark: Fifty-two has been deferred.
Vice Mayor Plummer: Withdrawn... Well, it's deferred, yes.
Mayor Clark: All right.
NOTE FOR THE RECORD: At this point, Agenda items 51 & 52
were withdrawn.
----------------------------------------------------------------------------------------------------------------
48. EXECUTE SUBORDINATION AGREEMENT IN CONNECTION WITH
LEASE AGREEMENT WITH OLYMPIA BUILDING PARTNERS, LTD.
-------------------------------- -------------------------------------------------------------------------------
Mayor Clark: Fifty-three.
Vice Mayor Plummer: That's "A" and "B," right?
Mr. Cesar Odio (City Manager): This is the subordination agreement between the City of Miami
and Olympia Building Partners. As you recall, you approved this, subject to Commissioner
Dawkins reviewing it within the seven days, and he did have some objections, so we had to bring
it back.
Mayor Clark: All right.
Commissioner Dawkins: Mr. Manager, what's the total... Have somebody calculate over there,
please.
Vice Mayor Plummer: A big calculator or a little calculator?
Mayor Clark: Pocket, pocket.
Commissioner Dawkins: Pocket. What's the total cost of the project, Mr. Manager?
Mr. Odio: I believe that our commitment is about a million and a half, that the total project is
about two and a half million dollars, Clark?
Commissioner Dawkins: No.
Mr. Odio: No. The total project is $5.2 million.
Commissioner Dawkins: Five point two million dollars.
Mr. Odio: Yeah.
Commissioner Dawkins: Tell me the funding sources to reach that 5.2.
Mr. Odio: Tax credit equity, $1,920,000.
185 February 9, 1995
Commissioner Dawkins: Wait, now. Tax credit, one what? One million...
Mr. Odio: Nine hundred and twenty thousand.
Commissioner Dawkins: OK.
Mr. Odio: Historical tax credit equity, $820,000.
Commissioner Dawkins: Mm-hmm.
Mr. Odio: The bank is putting up $400,000.
Commissioner Dawkins: Who?
Mr. Odio: Bank.
Commissioner Dawkins: What bank?
Mayor Clark: East Bank of the Miami River.
Mr. Odio: What is the bank?
Mr. Clark Cook: City National.
Mr. Odio: City National.
Commissioner Dawkins: Putting in how much?
Mr. Odio: Four hundred thousand.
Commissioner Dawkins: OK. The City Bank. OK.
Mr. Odio: CDBG (Community Development Block Grant) funds requested, $600,000.
Commissioner Dawkins: Six hundred thousand.
Mr. Odio: And the City of Miami Home Loan, committed funds is a million -five.
Commissioner Dawkins: A million -five. So the only... All right. Then what is the developer
putting into this?
Mr. Odio: We put in the... We...
Commissioner Dawkins: The developer. We're not the developer.
Mr. Odio: No. He gave us a check... He gives a check for $300,000, and that's what I know
he's putting in, plus the tax credit equity and...
Commissioner Dawkins: And he gets the $300,000 back.
Mr. Odio: No.
Commissioner Dawkins: Yes,
186 February 9, 1995
Mr. Odio: As I understand, we don't give him the check back. We keep that money.
Mayor Clark: Let's talk to...
Commissioner Dawkins: No. Let me finish with the Manager. OK. Well, let's just say, for the
sake of discussion, that he has to sign... The only cash money I see in this is $400,000.
Commissioner Gort: Plus $300,000 that had to be paid at the closing.
Mr. Odio: Right, that he has to give us up front, $300,000 at the moment this...
Commissioner Dawkins: Yeah, but... OK. He gives... You got a loan for $400,000. You give
him $300,000 back. He's got $100,000. OK? Never mind that.
Mr. Odio: Yes, I see what you...
Commissioner Dawkins: All right. $400,000. Somebody, divide 5.2 into $400,000. Give me
the percentage.
Vice Mayor Plummer: Not a lot.
Mr. Odio: It's about 13 percent.
Commissioner Dawkins: Thirteen percent. OK. So that leaves...
Mr. Odio: I'm sorry, I'm sorry, it's 7.6 percent.
Commissioner Dawkins: All right, 7.6 percent. And 7.6 percent from 100 percent, it gives you
92.4 percent. So therefore, the public is putting in 92 percent of the cost of this renovation, and
others are putting in 7.6 percent.
Mr. Cook: No.
Commissioner Dawkins: Now, what... How many units is it?
Mr. Cook: I got it.
Mayor Clark: How many units.
Mr. Cook: How many years? The lease is for 40...
Vice Mayor Plummer: Units.
Commissioner Gort: Units, unit. How many units?
Mr. Cook: It's 87.
Commissioner Dawkins: All right.
Mr. Cook: Eighty-eight. Excuse me.
Mr. Odio: Eighty-eight.
187 February 9, 1995
Commissioner Dawkins: Divide 88 into $5.2 million and give me a cost per unit.
Mr. Cook: Around $67,000.
Mr. Odio: Fifty-nine thousand, seven hundred.
Commissioner Dawkins: Sixty-nine thousand...
Mr. Odio: Fifty. Fifty-nine thousand.
Mr. Cook: Fifty-nine.
Commissioner Dawkins: All right, $60,000. OK. What are the sizes of these units?
Mr. Odio: One...
Mr. Cook: Approximately 400 square feet.
Commissioner Dawkins: What is... No, talk it where laymen can understand. How many
bedrooms or what have you?
Mr. Odio: It's the size of a small one -bedroom.
Commissioner Dawkins: One -bedroom, and others are efficiencies.
Mr. Cook: One -bedroom and efficiencies.
Commissioner Dawkins: How many one -bedrooms and how many efficiencies?
Mr. Cook: Eight one -bedrooms, and the rest are efficiencies.
Commissioner Dawkins: Eight bedrooms, one -bedrooms, and eight from 88 leaves 80
efficiencies.
Mr. Cook: Yes, sir.
Commissioner Dawkins: All right? So this City Commission is going to take a million -five of
the funds that's supposed to be used for low-income housing and go and build efficiencies and
one -bedroom apartments for $60,000. Mr. Manager, we are building three -bedroom homes with
two baths for $60,000. And yet, you're going to just... You and Mr. Bailey are doing the same
thing to me that you and Mr. Castaneda did. You all are taking the housing money to do what
the City of Miami wants to do. I mean, I just don't see how we can sit here as a Commission and
let somebody... And of the $60,000 per unit, public money is 92.4 percent for each apartment,
and the developer puts in 7.6 percent. Now, what will these units rent for, Mr. Manager?
Mr. Odio: I don't have that number. Do you have it, Clark?
Mr. Cook: Approximately $500 a month. Is that right?
Commissioner Dawkins: Five hundred?
Mr. Cook: Wait a minute. I'm getting corrected here. About $350 a month.
Commissioner Dawkins: Three? You're going to put $65,000 into a unit that you're going to
get $350 a month back out of it. I mean, what are... You know, and this is the first... And I'll
188 February 9, 1995
say this, and I'll be finished. This is the first time since I have been on this Commission where
the City of Miami has put out a bid, and a person bid on it, and come back to the City of Miami,
and we finance it. In the report that you sent me, Mr. Manager, the developer constantly refers
to the fact that it's costing $60,000, because historically, he has to do this, it must be preserved
for this. All of that was in the bid. He did not bid blind on all these things. So I, for one, I will
be voting against this. I don't see how you can take a million -five of home fund dollars that
HUD (Housing and Urban Development) and the Federal government has given to us to build
low-income housing or affordable housing, and put it into an efficiency for $60,000 a year.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: Since these many questions have been asked, and the other side, I have not
heard, I would like to hear from the proponent from staff, specifying why the finance, how it's
been put together, and the benefits to the City.
Mayor Clark: Herb.
Vice Mayor Plummer: I have some questions. Am I interrupting someone? Subordination.
Mr. Clark Cook: Yes, sir.
Vice Mayor Plummer: What about it?
Mr. Cook: You'd have to subordinate the $400,000 loan from the bank.
Vice Mayor Plummer: Why? Why?
Mr. Cook: Because it's a requirement in order to get the bank financing. It means... Whether
it's $400,000 you get from the bank, or $4,000,000, you've got to subordinate it. Our
recommendation was it would be 400, which would be handled by the commercial rents in that
particular facility. And therefore, if the City had to take it over, we would still be in very good
position. On this type of private financing, you have to subordinate the private bank financing.
Vice Mayor Plummer: Well, you don't have to, you know, because if he's going to come up
with $300,000, is that the downstroke?
Mr. Cook: He's already given us the $300,000.
Vice Mayor Plummer: OK. Is he totally responsible for the $400,000?
Mr. Cook: His firm is responsible...
Vice Mayor Plummer: He and he, alone?
Mr. Cook: Not he. His company is responsible, the company developing the building. He is
responsible to $400,000, of course. But you...
Vice Mayor Plummer: OK. Subordinating out, what does it do...
Mr. Cook: But you...
189 February 9, 1995
Vice Mayor Plummer: What position does it put the City in?
Mr. Cook: It would put the City in position, we would be behind that, second behind that.
That's why we wanted to keep the subordination as low as we could, at $400,000, where we
could handle it. That would give you a debt service of about 30 to 40 that can be handled by the
commercial rents. I think it's important, Commissioner, to understand that the developer did
bring to the table the tax credits.
Vice Mayor Plummer: The only problem I have is that the City is taking a second position.
Mr. Cook: Yes, sir.
Vice Mayor Plummer: That bothers me. We're putting up two million -one, for all practical
purposes.
Mr. Cook: True.
Vice Mayor Plummer: And we're going to be second in position. It would seem like to me -
and I'm not using Miller's numbers - that the developer should come up with that $400,000, plus
the three, so we don't have to subordinate.
Mr. Cook: He can't borrow the money without subordinating it from the bank.
Vice Mayor Plummer: No, no, no. He can borrow the money for his company without saying
what the project is. Where did he get the $300,000 from? Did he rob a bank?
Mr. Cook: All right. He got the $300,000 out of his pocket, but, Commissioner, I...
Vice Mayor Plummer: Well, check the other pocket.
Mr. Cook: I am told of the financing and the putting this together, it had to be subordinated.
Believe me, I spent a great deal of time talking to the City Manager about this, and to Herb, and
to everybody, and it came back, it had to be subordinated.
Vice Mayor Plummer: Well, let me ask the Manager. Mr. Manager, you're putting the City, or
allowing the City to be put into a second position. I don't think that that's really the way I'd like
to do business, but I'm asking the question.
Mr. Odio: We had already, the City Commission had already committed a million and a half.
Vice Mayor Plummer: That's it.
Mr. Odio: And in order for this project to move ahead, either we do this, or it just won't go
anywhere.
Mayor Clark: Herb.
Mr. Odio: And it's a matter of policy here. Do we want this to happen or not?
Vice Mayor Plummer: Well, look, my answer...
Commissioner Dawkins: Mr. Manager...
190 February 9, 1995
Vice Mayor Plummer:
My answer to my colleague, Mr. Dawkins...
Mr. Odio: If I...
Vice Mayor Plummer:
OK? And the difference... And let me tell you, he raises a damn good
point. OK? Sixty thousand dollars a unit. OK?
Mayor Clark: Always does. He always does.
Vice Mayor Plummer:
My point has to be this. Mr. Cook, have you received a memo from the
Manager this morning?
Mr. Cook: Yes, I did.
Vice Mayor Plummer:
That the City will no longer subsidize Gusman Theater.
Mr. Cook: Yes.
Vice Mayor Plummer:
Does that, in any way, put this...
Mr. Cook: No, sir.
Vice Mayor Plummer:
... in any kind of a position?
Mr. Cook: No, sir.
Vice Mayor Plummer:
OK. And you realize that...
Mr. Cook: Yes, sir.
Vice Mayor Plummer:
... you're going to take to your board, the City will not longer subsidize
Gusman.
Mr. Cook: Yes, sir.
Vice Mayor Plummer: OK. Now, the reason I'm saying that is that your developer - and I can't
remember a name - told us the other day, as we were walking out of here, that he would love to
take over Gusman and include that in his project.
Mr. Cook: My developer... He's not my developer, sir. He's the City's developer, the City.
But that's not part of this deal at all, sir. We'd have to...
Vice Mayor Plummer: I understand it's not part of, but he made the comment that if he could,
he would love to take it over.
Mayor Clark: Who is this?
Vice Mayor Plummer: This developer here, as they were walking out of the door. Let's go.
Commissioner Dawkins: Mr. Manager, Mr. Manager... I mean Mr. Cook, you said tax credits...
what?
Mr. Cook: Tax credits run about 2.6, if you include the historic credits in there.
191 February 9, 1995
Commissioner Dawkins: Is that hard money, or public money?
Mr. Cook: That is not public money. That's hard money from private investors.
Commissioner Dawkins: Private investors?
Mr. Cook: Yes, sir.
Commissioner Dawkins: What banks... What secures the tax credits?
Mr. Cook: The developer does.
Commissioner Dawkins: Huh?
Mr. Cook: The tax credits are secured by the developer. The developer applies to the State, he
gets... the State gets it from the Federal government. He gets credit for that. He sells...
Commissioner Dawkins: From the State government but...
Mr. Cook: He sells the tax credits, he gets the money, and puts in.
Commissioner Dawkins: But he gets the tax credit from where?
Mr. Cook: From the State of Florida.
Commissioner Dawkins: So the State of Florida, is that public or private?
Mr. Cook: That is... That is only credits. He has to sell...
Commissioner Dawkins: Is it public or... Is the State of Florida public...
Mayor Clark: Let's don't argue about this thing. I'm going to call a halt to it right now. Either
vote for it or forget about it.
Commissioner Gort: Mr. Mayor, I'm sorry, sir, but I think we have to explain, and I'd like to
have the applicant to put on their position, because we're only hearing one side. All I'm hearing
is the negative part of it. I want to hear the positive part of it, also.
Mayor Clark: Go ahead. Who's going to give you the positive side?
Commissioner Gort: I think if we ask a question of the applicants, we should allow them to
answer the question.
Mr. Cook: Go ahead, Stuart.
Commissioner Gort: Now, the question is, tax credits, is that public or private?
Commissioner Dawkins: Pull the mike up to you.
Mr. Stuart Meyers: My name is Stuart Meyers. I'm president of the Cornerstone Group.
Together with DEEDCO, we're the developers of the project, Your Honor and Commissioners.
Essentially, what we're talking about here is $2.6 million of private equity capital that's being
put into this project on the basis of a reward that was won for the project from the Federal
government, the IRS (Internal Revenue Service). The owners, who these investors will become,
192 February 9, 1995
will be entitled to tax credits against their Federal income taxes over a ten-year period, and
they're not going to be looking to the project for any return. They're looking to the IRS through
the State, but it's not State funds it's Federal government funds of the Internal Revenue Service,
in order to finance roughly half the cost of the project. Included in that $2.6 million are
guarantees from me, as the investor, that they will get their tax credits. I am liable, and my
company is liable for those tax credits. And $300,000 of the $2.6 million comes directly from
me, the $300,000 downstroke that went into the City's coffers as the downstroke on the lease. In
addition, I think it's only fair to say that 50 percent, 50 percent of the cost of this project is
coming from the City of Miami, a large portion of which is going for the historical renovation of
the building, to preserve it as an historic edifice, and also, towards... towards costs that are going
to be shared with Gusman. So I think that if you think of it in those terms, the costs on a per
square foot basis, and particularly for downtown housing, and from the sources from which it's
coming, the City is getting, for its own real estate $2.6 million of private capital from the
investors and I towards the creation of this housing. And by the way, I just wanted to make one
point perfectly clear. This is affordable housing. This is affordable housing in the fullest sense
of the word, The rents are fully restricted against median incomes in the Dade County area.
That is a requirement of the tax credits, and that is why the rents are at the $350 to $400 level.
They are subsidized, and they are meant for people who are no more than 40 to 50 percent of the
median income. These people have to be qualified on an annual basis. Otherwise, they are not
entitled to live in this facility. So in the fullest extent of any definition, this is affordable
housing, and this is how affordable housing is done in this State and this country today, under the
tax credit program, in conjunction with local funds, like CDBG (Community Development
Block Grant) and home. That's the way the tax credit program is meant to be used.
Commissioner Dawkins: And pardon me.
Mr. Meyers: Yes, sir.
Commissioner Dawkins: You're saying that all over the United States of America, for
affordable housing, the Federal government is standing idly by, while we rehab an old building
for $60,000, for an efficiency, and that's acceptable all over the United States?
Mr. Meyers: Well, what I would say to you, Commissioner, is that if you take an urban area,
like Miami, or you take other urban areas around the country, like New York, or Chicago, or any
other big cities, $60,000 is a low number.
Commissioner Dawkins: All right. What does an acre of land cost you in mid -Manhattan?
Mr. Meyers: I have no idea, sir. I'm in Miami.
Commissioner Dawkins: OK. What does an acre of land cost you in Miami?
Mr. Meyers: I don't know.
Commissioner Dawkins: Well, how can you make a comparison when you don't know?
Mr. Meyers: I just know the cost of developing affordable housing in midtown Manhattan is
much greater than $60,000 a unit.
Commissioner Dawkins: Because the cost of construction, land, and everything else is higher in
New York than it is down here.
Mr. Meyers: I would agree with that.
193 February 9, 1995
Commissioner Dawkins: OK. Thank you.
Mr. Meyers: I would agree with that.
Mayor Clark: What's the pleasure of the Commission on this item?
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding is, one of the reasons we have an RFP (Request for
Proposals) in this area, in this building, is because the City has a deficit of about $650,000 a
year, and one of the ways to deal with it is try to get housing into downtown Miami. My
understanding is, some of the points we're arguing right now, as I stated before, we should have
argued it before we put the RFP out. Now that we have the RFP out, and we have a chance to do
this, I think we should go ahead and vote on it. I'm ready to make a motion, like we did the first
time.
Vice Mayor Plummer: Is that to accept it?
Commissioner De Yurre: Yes, sir.
A. Quinn Jones, III, Esq. (City Attorney): The subordination agreement.
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Well, we have to, you know. We're saying we got to take it.
Commissioner Gort: My understanding is...
Mayor Clark: OK. All right. Can we get a second? Can we get a second?
Vice Mayor Plummer: I'll second it.
Commissioner De Yurre: I'll second.
Mayor Clark: Any further discussion?
Commissioner Dawkins: Yes, under discussion. Under discussion.
Vice Mayor Plummer: Go ahead.
Commissioner Dawkins: Commissioner Gort, the RFP was put out. The RFP said that all these
historical and et cetera things had to be covered. The person who responded, responded to the
RFP as issued. Once the RFP was accepted by us, then the developer came back and asked us to
fund things that were not said to be funded in the RFP, and that's why we are here now. This
was taken care of prior to the RFP going out, but here again, you're going to take money that
you shouldn't and put into something that you should not.
Mayor Clark: All right. There's a motion.
Vice Mayor Plummer: I have a brief comment.
Mayor Clark: Yes. All right, sir.
194 February 9, 1995
E;
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r.
Vice Mayor Plummer: My brief comment is, number one, if we don't do something with that
building, and the termites unfold their arms, it's going to fall. Number two, we have, for years,
been trying to encourage living units in the downtown. I understand my Commissioner
Dawkins, and I think he makes a very good point, but we've got to start somewhere of getting
units in the downtown area, because only people living there are really going to revitalize our
downtown area. I realize this is going to be primarily for students and that kind of scenario, but
we've got to do something, because if we don't have people, you're going to have a deserted
City.
Mayor Clark: Do you second the motion?
Vice Mayor Plummer: Yes, sir, I did.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-108
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE A SUBORDINATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, IN CONNECTION WITH THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERS, LTD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
----------------------------------------------------------------------------------------------------------
49. EXECUTE LOAN AGREEMENT WITH OLYMPIA BUILDING PARTNERS,
LTD. -- TO BE USED IN REDEVELOPMENT OF THE OLYMPIA BUILDING
(174 E. FLAGLER STREET) -- ALLOCATE $600,000 FROM CDBG-
ASSISTED MULTIFAMILY REHABILITATION LOAN PROGRAM.
Vice Mayor Plummer: There's a second item to it, right?
A. Quinn Jones, III, Esq.: Fifty-three-B.
Vice Mayor Plummer: Fifty-three-B.
195 February 9, 1995
Mr. Jones: Which is the loan.
Vice Mayor Plummer: Gort moves it.
Commissioner De Yurre: Second.
Mayor Clark: No exception. Cast a unanimous ballot, 53-B.
Commissioner Gort: I don't think so.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-109
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
OLYMPIA BUILDING PARTNERS, LTD., IN AN AMOUNT NOT TO EXCEED
$600,000, SAID LOAN TO BE USED IN THE REDEVELOPMENT OF THE
OLYMPIA BUILDING, LOCATED AT 174 EAST FLAGLER STREET, MIAMI,
FLORIDA; ALLOCATING FUNDS THEREFOR FROM THE CDBG-ASSISTED
MULTIFAMILY REHABILITATION LOAN PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
50. ACCEPT PROPOSAL OF ENERGY PERFORMANCE SERVICES, INC. FOR DESIGN / ACQUISITION / INSTALLATION / MAINTENANCE /
TRAINING TO PROVIDE COMPREHENSIVE MANAGEMENT, FULL
RANGE OF ENERGY DEVICES AND ENERGY -RELATED
IMPROVEMENTS FOR 10 CITY -OWNED FACILITIES -- VICE MAYOR
PLUMMER INVOKES 72-HOUR VETO POWER. (See label 45)
Vice Mayor Plummer: Mr. Mayor, may I? With your indulgence, sir, on item 48, may I move
item 48, with a proviso that I have 72 hours to look at it, and if I don't object, then it is so
approved?
Mayor Clark: All right, item 48.
196 February 9, 1995
Commissioner De Yurre: Second.
Mayor Clark: Second.
Commissioner Dawkins: What is 48?
Mayor Clark: Forty-eight is that one on the energy.
Vice Mayor Plummer: Right.
Mr. Cesar Odio: Energy savings.
Commissioner Dawkins: OK.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-110
A RESOLUTION ACCEPTING THE PROPOSAL OF ENERGY PERFORMANCE
SERVICES, INC. (EPS), FOR THE DESIGN, ACQUISITION, INSTALLATION,
MAINTENANCE AND TRAINING TO PROVIDE COMPREHENSIVE ENERGY
MANAGEMENT, A FULL RANGE OF ENERGY DEVICES AND ENERGY -
RELATED IMPROVEMENTS FOR TEN (10) CITY -OWNED FACILITIES, AT AN
ESTIMATED CAPITAL COST OF $1,363,440, WITH FINANCING FOR THE
ENTIRE CAPITAL COST AND ACCRUED INTEREST TO BE OVER A TEN (10)
YEAR PERIOD THROUGH THE ANNUAL ENERGY SAVINGS; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE WITH EPS FOR TERMS MOST
FAVORABLE TO THE CITY AND TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
1.97 February 9, 1995
------------------------------'----------'-------------------'----'-'-----------------'-------'-----•------------------
51. CONSENT AGENDA.
Vice Mayor Plummer: Are we going to do pocket items now, Mr. Mayor?
Mayor Clark: No, sir. No, sir.
Mr. Cesar Odio (City Manager): We need the consent agenda.
Unidentified Speaker: We need a vote on that.
Mayor Clark: Will you... Wait just a minute, now, please. Will you approve the consent
agenda, which we did not...
Vice Mayor Plummer: With the exception of 'item 7, I'm pulling.
Mayor Clark: Anything else?
A. Quinn Jones, III, Esq. (City Attorney): Yes. Not on the consent agenda. I'm sorry, Mr.
Mayor.
Mayor Clark: On the consent agenda.
Commissioner De Yurre: Second on the consent agenda.
Mayor Clark: With the exception of 7 pulled?
Commissioner Dawkins: I pulled 12, I think.
Mr. Odio: Commissioner Dawkins pulled CA-12 yesterday.
Mayor Clark: And 7 has been pulled by...
Vice Mayor Plummer: I pulled, yes.
Mayor. Clark: With those exceptions, is there a motion on the consent agenda?
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, then, with those exceptions.
198 February 9, 1995
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY VICE
MAYOR PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-199, February -9, 1995
51.1 PURCHASE SAFETY SHOES / BOOTS FROM LEHIGH SAFETY SHOE COMPANY
THROUGH (a) GLOBAL TRADING, INC., (b) ORLANDO FIRE EQUIPMENT, (c)
IRON AGE CORPORATION, (d) RITZ SAFETY EQUIPMENT, INC., (e) KNAPP
SHOES, INC., AND (f) SAM MALLEN COMPANY -- FOR USE BY VARIOUS CITY
DEPARTMENTS (UNDER EXISTING DADE COUNTY CONTRACT NO. 1802-
1/96) -- ALLOCATE $72,000 -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO.95-111
A RESOLUTION AUTHORIZING THE PURCHASE OF SAFETY
SHOES AND BOOTS FROM LEHIGH SAFETY SHOE COMPANY
THROUGH GLOBAL TRADING, INC., ORLANDO FIRE
EQUIPMENT, IRON AGE CORPORATION, RITZ SAFETY
EQUIPMENT, INC., KNAPP SHOES, INC., AND SAM MALLEN
COMPANY FOR USE BY VARIOUS CITY DEPARTMENTS AT A
PROPOSED AMOUNT OF $72,000.00 UNDER EXISTING DADE
COUNTY CONTRACT NO. 1802-1/96; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NUMBERS 420421-719
($4,000.00), 280601-075 ($26,000.00), 421301-075-422001 ($30,000.00),
421601-719-502003 ($5,000.00), 580202-719 ($600.00), 580203-719
($600.00), 580301-719 ($500.00), 580302-719 ($2,000.,00), 310301-719
($800.00) AND 311002-719 ($2,500.00); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION AND
THEREAFTER TO EXTEND SAID CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.2 ACCEPT BID: METRO DISTRIBUTORS -- FOR FURNISHING ASP BATONS AND
RELATED EQUIPMENT -- FOR POLICE DEPARTMENT -- ALLOCATE $5.9,305.
RESOLUTION NO. 95-112
A RESOLUTION ACCEPTING THE BID OF METRO DISTRIBUTORS
FOR THE FURNISHING OF ASP BATONS AND RELATED
EQUIPMENT, FOR A TOTAL PROPOSED COST OF $59,305.00, FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 290201-075;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
200 February 9, 1995
9
51.3 ACCEPT BIDS: (a) TRADE SERVICES INDUSTRIES, AND (b) AFTER HOURS
CLEANING SERVICES -- FOR FURNISHING CUSTODIAL MAINTENANCE
SERVICES TO PARKS & RECREATION OFFICES AND FIRE GARAGE
ADMINISTRATION -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE -- ALLOCATE $11,628 -- EXTEND
CONTRACTS, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 95-113
A RESOLUTION ACCEPTING THE BIDS OF TRADE SERVICES
INDUSTRIES AND AFTER-HOURS CLEANING SERVICES FOR
THE FURNISHING OF CUSTODIAL MAINTENANCE SERVICES TO
THE PARKS AND RECREATION OFFICES AND THE FIRE
GARAGE ADMINISTRATION OFFICE, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A
TOTAL PROPOSED ANNUAL COST OF $11,628.00; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL SERVICES
ADMINISTRATION/PROPERTY MAINTENANCE DIVISION
ACCOUNT CODE NO. 421001-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THESE SERVICES, AND
THEREAFTER TO EXTEND THESE CONTRACTS FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
201 February 9, 1995
51.4 ACCEPT BIDS: (a) TRADE SERVICES INDUSTRIES, (b) ETCETERA SERVICES,
AND (c) SERVICES DIVERSIFIED -- FOR FURNISHING CUSTODIAL
MAINTENANCE SERVICES TO: (a) POLICE SOUTH SUBSTATION, (b)
EDGEWATER MINI STATION, (c) DAVID HERRING TRAINING CENTER, (d)
MARINE PATROL OFFICE, AND (e) OVERTOWN MINI STATION -- FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE --
ALLOCATE $33,912 -- EXTEND CONTRACTS, SUBJECT TO AVAILABILITY OF
FUNDS.
RESOLUTION NO. 95-114
A RESOLUTION ACCEPTING THE BIDS OF TRADE SERVICES
INDUSTRIES, ET CETERA SERVICES AND SERVICES
DIVERSIFIED FOR THE FURNISHING OF CUSTODIAL
MAINTENANCE SERVICES TO THE POLICE SOUTH
SUBSTATION, EDGEWATER MINI STATION, DAVID HERRING
TRAINING CENTER, MARINE PATROL OFFICE AND THE
OVERTOWN MINI STATION FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A
TOTAL PROPOSED ANNUAL COST OF 33,912.00; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL SERVICES
ADMINISTRATION/PROPERTY MAINTENANCE DIVISION,
ACCOUNT CODE NO. 421001-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE, AND
THEREAFTER TO EXTEND THESE CONTRACTS FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
202 February 9, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.5 ACCEPT BIDS: (a) TRADE SERVICES INDUSTRIES, AND (b) AFTER HOURS
CLEANING SERVICE -- FOR FURNISHING CUSTODIAL MAINTENANCE
SERVICES TO: (a) GENERAL SERVICES ADMINISTRATION BUILDING, (b)
PROPERTY MAINTENANCE BUILDING, AND (c) DOWNTOWN MINI POLICE
STATION -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION /
SOLID WASTE -- ALLOCATE $10,464 -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO. 95-115
A RESOLUTION ACCEPTING THE BIDS OF TRADE SERVICES
INDUSTRIES AND AFTER HOURS CLEANING SERVICES FOR
THE FURNISHING OF CUSTODIAL MAINTENANCE SERVICES TO
THE GENERAL SERVICES ADMINISTRATION BUILDING, THE
PROPERTY MAINTENANCE BUILDING AND THE DOWNTOWN
MINI POLICE STATION FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION/SOLID WASTE, ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL PROPOSED
ANNUAL COST OF $10,464.00; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL SERVICES ADMINISTRATION/PROPERTY
MAINTENANCE DIVISION, ACCOUNT CODE NO. 421001-340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE, AND THEREAFTER TO EXTEND THESE
CONTRACTS FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT
THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.6 ACCEPT BID: TRANSPORTATION EQUIPMENT, INC. -- FOR FURNISHING
THREE 40-FT. STORAGE CONTAINERS ON LEASE / RENTAL BASIS -- FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE --
ALLOCATE $6,690.
RESOLUTION NO. 95-116
A RESOLUTION ACCEPTING THE BID OF TRANSPORTATION
EQUIPMENT INC., FOR THE FURNISHING OF THREE (3) 40-FT.
STORAGE CONTAINERS ON A LEASE/RENTAL BASIS FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE AT A PROPOSED AMOUNT OF
$6,690.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 429901-340, PROJECT NO. 311018; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
203 February 9, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.7 AUTHORIZE MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH
LAW ENFORCEMENT AGENCIES: (a) METROPOLITAN DADE COUNTY, (b)
SOUTH MIAMI, (c) HIALEAH, (d) NORTH BAY VILLAGE, (e) KEY BISCAYNE,
(f) NORTH MIAMI, AND (g) FLORIDA DEPARTMENT OF LAW
ENFORCEMENT -- FOR PURPOSE OF IMPLEMENTING THE FLORIDA MUTUAL
AID ACT PROGRAM. (See label 3)
RESOLUTION NO. 95-117
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO MUTUAL AID AGREEMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, ON BEHALF OF THE CITY OF MIAMI
WITH THE FOLLOWING LAW ENFORCEMENT AGENCIES:
METROPOLITAN DADE COUNTY, SOUTH MIAMI, HIALEAH,
NORTH BAY VILLAGE, KEY BISCAYNE, NORTH MIAMI, OPA-
LOCKA, FLORIDA HIGHWAY PATROL AND THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT, FOR THE PURPOSE OF
IMPLEMENTING THE FLORIDA MUTUAL AID ACT PROGRAM
WITH SAID PARTICIPATING GOVERNMENTAL AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.8 AUTHORIZE MANAGER TO EXECUTE SETTLEMENT AGREEMENT WITH
PLAINTIFFS CHRIS LEONE AND ROBERTO PEREZ, SUBJECT TO COURT'S
APPROVAL (U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION, CASE NO. 92-2396-CIV-DAVIS/GARBER).
RESOLUTION NO. 95-118
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PLAINTIFFS
CHRIS LEONE AND NORBERTO PEREZ, WITHOUT THE
ADMISSION OF LIABILITY AND SUBJECT TO THE COURT'S
APPROVAL, FOR THE CASE OF LEONE AND PEREZ V. THE CITY
OF MIAMI, IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO.
92-2396-CIV-DAVI S/GARBER.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.9 RATIFY MANAGER'S WAIVER OF ALL USER FEES FOR USE OF BOBBY
MADURO MIAMI BASEBALL STADIUM BY MIAMI DADE COMMUNITY
COLLEGE - WOLFSON CAMPUS -- FOR PRESENTATION OF GAMES /
PRACTICES BY SAID SCHOOL'S BASEBALL TEAM, THE BARRACUDAS
(SEPTEMBER 20, 1994 - APRIL 20, 1995) -- EXECUTE AGREEMENT.
204 February 9, 1995
RESOLUTION NO. 95-119
A RESOLUTION, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S WAIVER OF ALL USER FEES FOR THE
USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY
MIAMI DADE COMMUNITY COLLEGE-WOLFSON CAMPUS FOR
THE PRESENTATION OF GAMES AND PRACTICES BY SAID
SCHOOL'S BASEBALL TEAM, THE BARRACUDAS, FOR THE
PERIOD SEPTEMBER 20, 1994, THROUGH APRIL 20, 1995;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE
COMMUNITY COLLEGE-WOLFSON CAMPUS FOR SAID
PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN AN 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.)
51.10 RATIFY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES / TERMS /
CONDITIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY
MAYOR SAMPEDRANA SOCCER LEAGUE OF MIAMI -- FOR PRESENTATION
OF SOCCER GAMES (JANUARY 8, 1995 - DECEMBER 31, 1995) -- EXECUTE
AGREEMENT.
RESOLUTION NO. 95-120
A RESOLUTION, WITH ATTACHMENT(S), RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ESTABLISHMENT OF SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM BY MAYOR SAMPEDRANA SOCCER
LEAGUE OF MIAMI FORE THE PRESENTATION OF SOCCER
GAMES DURING THE PERIOD BEGINNING JANUARY 8, 1995
THROUGH DECEMBER 31, 1995; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MAYOR SAMPEDRANA SOCCER
LEAGUE OF MIAMI FOR SAID USE, SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY
IN AN 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.)
51.11 RATIFY CITY ATTORNEY'S ENGAGEMENT OF LAW FIRM: SEMET,
LICKSTEIN, MORGAN, STERN, BERGER, FRIEND, BROOKE AND GORDON --
TO SERVE AS COUNSEL BEFORE U.S. BANKRUPTCY COURT, SOUTHERN
DISTRICT, IN CONNECTION WITH CHAPTER 11 PROCEEDINGS FILED BY
VIRGINIA KEY MARINA CORPORATION -- ALLOCATE $12,000.
205 February 9, 1995
RESOLUTION NO. 95-121
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY ATTORNEY'S ENGAGEMENT OF THE LAW FIRM OF
SEMET, LICKSTEIN, MORGAN, STERN, BERGER, FRIEND,
BROOKE AND GORDON ("SEMET LICKSTEIN"), TO SERVE AS
COUNSEL BEFORE THE UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT IN CONNECTION WITH THE CHAPTER 11
PROCEEDINGS FILED BY VIRGINIA KEY MARINA
CORPORATION; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $12,000.00, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.12 EXECUTE AGREEMENT: VOLUME REDUCTION SERVICES, INC. -- TO
PROVIDE GRINDING SERVICES OF LARGE STUMPS / LOGS AT VIRGINIA KEY
YARD / TRASH MANAGEMENT FACILITY AT 3851 RICKENBACKER
CAUSEWAY -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE -- FOR APPROX. 3,125 TONS OF FINISHED
MULCH PRODUCT AT $16.00 PER TON (TOTAL $50,000) -- ALLOCATE FUNDS
FROM FY'95 RECYCLING AND EDUCATION GRANT FUND.
RESOLUTION NO. 95-122
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH VOLUME
REDUCTION SERVICES, INC., TO PROVIDE GRINDING SERVICES
OF LARGE STUMPS AND LOGS AT THE VIRGINIA KEY
YARD/TRASH MANAGEMENT FACILITY, LOCATED AT 3851
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, FOR APPROXIMATELY 3,125
TONS OF FINISHED MULCH PRODUCT AT $16.00 PER TON, FOR
A TOTAL ESTIMATED AMOUNT OF $50,000.00; ALLOCATING
FUNDS THEREFOR FROM THE FY'95 RECYCLING AND
EDUCATION GRANT FUND, ACCOUNT NO. 197006-421304-340
FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
206 February 9, 1995
51.13 EXECUTE AGREEMENT: STATE OF FLORIDA DIVISION OF TOURISM -- FOR
ACCEPTANCE OF $15,000 GRANT IN SUPPORT OF: 1994 MIAMI HISPANIC
MEDIA CONFERENCE (OCTOBER 26-28, 1994).
RESOLUTION NO. 95-123
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF
FLORIDA DIVISION OF TOURISM FOR THE ACCEPTANCE OF A
GRANT IN THE AMOUNT OF $15,000 IN SUPPORT OF THE "1995
MIAMI HISPANIC MEDIA CONFERENCE," HELD OCTOBER 26-28,
1994.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.14 EXECUTE AGREEMENT: METROPOLITAN DADE COUNTY TOURIST
DEVELOPMENT COUNCIL -- FOR ACCEPTANCE OF $15,000 GRANT IN
SUPPORT OF: 1994 MIAMI HISPANIC MEDIA CONFERENCE (OCTOBER 26-28,
1994).
RESOLUTION NO. 95-124
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT
COUNCIL FOR THE ACCEPTANCE OF A GRANT IN THE AMOUNT
OF $15,000 IN SUPPORT OF THE "1.994 MIAMI HISPANIC MEDIA
CONFERENCE," HELD OCTOBER 26-28, 1994.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.15 ACCEPT PLAT: MARTINEZ UTOPIA.
RESOLUTION NO. 95-125
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED MARTINEZ UTOPIA, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICTIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
207 February 9, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.16 ACCEPT PLAT: DOUGLAS GARDENS SOUTH REVISED.
RESOLUTION NO. 95-126
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED DOUGLAS GARDENS SOUTH REVISED, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51.17 ACCEPT FIVE DEEDS OF DEDICATION: FOR HIGHWAY PURPOSES.
RESOLUTION NO.95-127
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT FIVE (5)
DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND
APPROVING THE RECORDING OF SAID DEEDS 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.)
51.18 ACCEPT DONATION: 1984 TOYOTA WAGON (VIN NO. JT3YR22V5E5018649)
FOR POLICE DEPARTMENT -- FROM DOWNTOWN TOWING -- ACCEPT
DONATION OF FULL MAINTAINANCE FOR SAID VEHICLE FROM MOLINA
TOWING, INC.
RESOLUTION NO. 95-128
A RESOLUTION ACCEPTING THE DONATION OF A 1984 TOYOTA
WAGON, VIN NO. JT3YR22V5E5018649, FROM DOWNTOWN
TOWING AND ACCEPTING THE DONATION OF FULL
MAINTENANCE FOR SAID VEHICLE FROM MOLINA TOWING,
INC.; SAID VEHICLE WILL BE USED BY THE MIAMI POLICE
DEPARTMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
208 February 9, 1995
51.19 AUTHORIZE PURCHASE: COMPUTER ACCESSORIES AND FURNITURE FROM
OFFICE CONNECTION (UNDER EXISTING DADE COUNTY BID NO. 1072/1-
95) -- TO ACCOMMODATE NEWLY ACQUIRED COMPUTER SYSTEM IN LAW
DEPARTMENT -- ALLOCATE $7,500.
RESOLUTION NO. 95-129
A RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER
ACCESSORIES AND FURNITURE FROM OFFICE CONNECTION,
UNDER EXISTING DADE COUNTY BID NO. 1072/1-95, TO
ACCOMMODATE THE NEWLY ACQUIRED COMPUTER SYSTEM
IN THE LAW DEPARTMENT; ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $7,500.00, FROM ACCOUNT
NO. 230101-840 FOR SAID PURCHASE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
52. (Continued Discussion) AUTHORIZE LAW OFFICE OF HANZMAN AND
CRIDEN, P.A. TO ACT AS CO -COUNSEL WITH CHRISTOPHER G. KORGE
OF ZACK, PONCE, TUCKER, KORGE & GILLESPIE, P.A. (FORMERLY
ZACK, HANZMAN, PONCE, TUCKER, KORGE & GILLESPIE)
REGARDING LEGAL REPRESENTATION OF THE CITY CONCERNING
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION,
INC. VS. THE CITY OF MIAMI, ET AL. (DADE COUNTY CIRCUIT CASE
NO. 94-12875-CA(25), AUTHORIZING INCREASE IN ATTORNEY'S FEES
($60,000). (See label 4)
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, could we possibly take up number 1 that
was on the regular agenda, that you deferred from this morning?
Vice Mayor Plummer: I have no breakdown on item 1 as to the cost. Why are they incurred?
Now, is this $90,000 in addition to the 25?
Mr. Cesar Odio (City Manager): What are you talking about?
Vice Mayor Plummer: For the fee of the lawyers for a settlement.
Commissioner Dawkins: Yes.
Mayor Clark: No, it's...
Vice Mayor Plummer: I have no breakdown.
Mr. Jones: Well...
Vice Mayor Plummer: What was furnished to me...
209 February 9, 1995
Mayor Clark: Explain... Let Mr. Quinn Jones explain it.
Vice Mayor Plummer: OK.
Mr. Jones: We have outstand... you... The initial resolution that was passed was passed back in
September, that authorized...
Vice Mayor Plummer: Twenty-five.
Mr. Jones: ... twenty-five thousand. And then you had... which we paid. We have outstanding
invoices for November and December.
Vice Mayor Plummer: Oh. Now, they give it to me. OK. Which... And also the month of
January, which, of course, was gearing up for trial. I think you recall this morning that they
indicated that we had to be ready to go to trial. I would say a compromise, and if you don't feel
comfortable with the 90, I just didn't want to come back with this again, given the fact that there
are still those three, four HUD (Housing and Urban Development) items that we're going to have
to defend. So I would feel comfortable if you passed it with 60.
Vice Mayor Plummer: Well, I'm going to feel comfortable with passing it with whatever, with a
72-hour provision, because this is what I was looking for, and it's now just being handed to me,
and I can't go through this right now.
Mr. Jones: Commissioner...
Vice Mayor Plummer: That's only fair.
Mr. Jones: Commissioner, there's nothing to go through, other than they're outstanding
invoices. You...
Vice Mayor Plummer: Well, I'm not sure that I agree with you. That's what I'm saying.
Mr. Jones: You've never done this with any other requests, so, I mean, sure, it's your
prerogative to do it. I mean...
Vice Mayor Plummer: OK.
Mr. Jones: ... the costs have been incurred, the work has been done, and it needs to be paid.
Mr. Odio: May I? Commissioner Plummer...
Vice Mayor Plummer: Yeah.
Mr. Odio: ... why can't you approve it? If you have any... Because let me tell you something.
This attorney did an outstanding job.
Vice Mayor Plummer: OK. What do you want it for, 60?
Mr. Jones: Make it for 60.
Mr. Odio: Sixty, please.
Vice Mayor Plummer: And that will pay us up to there?
210 February 9, 1995
Mr. Jones: That should take us through today or whatever. OK?
Vice Mayor Plummer: OK.
Mr. Jones: I don't know what will be needed in addition to the 60.
Mayor Clark: You say 60, you move it?
Mr. Jones: Sixty.
Vice Mayor Plummer: Sixty is fine.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: All right. If there's no objection, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-130
A RESOLUTION AUTHORIZING THE LAW OFFICES OF HANZMAN, CRIDEN,
KORGE, HERTZBERG & CHAYKIN, P.A. TO ACT AS COUNSEL REGARDING
THE LEGAL REPRESENTATION OF THE CITY OF MIAMI IN THE MATTER OF
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC.
VS. THE CITY OF MIAMI, ET AL. (DADE COUNTY CIRCUIT CASE NO. 94-12875-
CA(25); AUTHORIZING AN INCREASE IN ATTORNEY'S FEES IN AN AMOUNT
NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00), TO INCLUDE
FEES FOR LEGAL REPRESENTATION UP TO AND THROUGH THE COURSE OF
LEGAL PROCEEDINGS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
211 February 9, 1995
Vice Mayor Plummer: Are we now going to pockets?
Commissioner Dawkins: No. PZ items.
Mayor Clark: Let's get this...
Mr. Odio: It's an agenda.
Mayor Clark: Let's get the Planning and Zoning out first.
Commissioner Dawkins: Eight o'clock, pocket items.
Vice Mayor Plummer: No, they're not mine. They're for other people. Mr. Mayor...
Mr. Odio: Excuse me. Did you pass the consent...
Commissioner Dawkins: You tell me that every time. I know, I've been going through this.
Mr. Mayor...
Vice Mayor Plummer: Well, excuse me. Forget it.
Commissioner Dawkins: Mr. Mayor, may I hear item 8 out of sequence, please?
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: You only got one vote.
Vice Mayor Plummer: I don't care.
-------------------------------------------------- -------------------------------------------------------------
53. (Continued) DISCUSSION CONCERNING CITY DECALS ON POLICE
CARS. (See label 4413)
Vice Mayor Plummer: Mr. Manager, if I may, before we go into that agenda. Hello? I'm
calling collect. From the FOP (Fraternal Order of Police)...
Mayor Clark: No pockets now.
Mr. Cesar Odio (City Manager): I don't accept the charge.
Vice Mayor Plummer: This is not a pocket.
Mayor Clark: No pockets now.
Vice Mayor Plummer: From the FOP, there are, as I indicated before, 142 cars, take-home cars,
that have no indication on the side of decals, indicating Miami Police Department. Our
agreement was that they would have the decals. I'm not talking about blue lights and all of that.
Presence in the neighborhood. I would ask that this be complied with, that those 142 cars... Mr.
Cotera, I... Excuse me. This is from him.
Mr. Odio: If he agrees that we should put decals on, I don't have a problem.
212 February 9, 1995
Vice Mayor Plummer: Here it is.
Mr. Odin: I have no problem.
Vice Mayor Plummer: OK.
Mr. Odio: I'll put them on front, side, and sideways.
Vice Mayor Plummer: Hey, I'm just saying, on those 142 cars, I'm, expecting that the decals
will be put on them.
Mayor Clark: All right, fine. On PZ...
Mr. Odio: I'll send you a bill.
Vice Mayor Plummer: No.
Mr. Odio: You call me collect.
Mayor Clark: Please.
END OF DISCUSSION -- NO ACTION TAKEN
213 February 9, 1995
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of February, 1995, 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 4:50 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Sergio Rodriguez, Assistant City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
----------------------------------------------------------------------------------------------------------------
54. OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC
USE OF N.W. 11 AVENUE BETWEEN N.W. 29 TERRACE AND N.W. 30
STREET, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT 1461
(SANTA CLARA ELEMENTARY SCHOOL SUBDIVISION), FOR
PROPERTY AT 1051 N.W. 29 TERRACE. (Applicant: School Board of Dade
County.)
Mayor Clark: On PZ number 8, this is a School Board item. How can you clear something on
this item, Sergio? Official vacation/abandonment, closing that portion of Northwest 11th
Avenue between 29th Terrace and 30th Street as a conditional tentative plat for Santa Clara
Elementary School. You all right on this?
Mr. Jim Kay: Yes, sir.
Commissioner Dawkins: OK. Before you... Let me talk with the gentleman over there.
Mayor Clark: Are there any objectors on this item? Is he happy with it? Let's go with it.
Commissioner Dawkins: OK. I want to just say one thing. Come to the mike, sir. You know,
every time you come down here, I say I'm not going to vote to close a street for the School
Board, because the School Board gives away nothing. But you always manage to come down
with something I can't say no to. OK? We are talking about building a new school in the
214 February 9, 1995
community that really needs something new, and that's the Wynwood area. So you got me
again. But don't come down here again. OK? Because you may not be this lucky. All right?
Vice Mayor Plummer: Well, I want you to take home a message, OK? This is not on your...
But let me tell you, we have some 36 policemen dedicated to an SRO (School Resource Officer)
program. I'm going to fight you tooth and nail this year. You have, in the School System, a
Police Department. You have the funding, and the maximum ability to tax, as we do. I need
those 36 policemen in this City, and you have every obligation - you have uniformed policemen
now - to put them in the schools as SROs.
Mr. Michael Levine: Commissioner, I did reply to staff's query that resulted at the last
meeting...
Vice Mayor Plummer: OK.
Mr. Levine: ... with a letter indicating that at the present time, there are only three schools in the
City of Miami that do not have Dade County Public School police officers serving as school
resource officers.
Vice Mayor Plummer: I'm going to take them all out. I need them in my place.
Mr. Levine: I understand.
Vice Mayor Plummer: OK?
Mayor Clark: All right. Let's move forward. Thank you, sir. It's been approved. Cast a
unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-131
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY CLOSING, VACATING,
ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 11TH AVENUE LYING BETWEEN NORTHWEST 30TH STREET AS
A CONDITION OF THE APPROVAL OF TENTATIVE PLAT NO. 1461 "SANTA
CLARA ELEMENTARY SCHOOL SUBDIVISION," SUBJECT TO THE
REQUIREMENTS OF THE PLAT AND STREET COMMITTEE, FOR THE
PROPERTY LOCATED AT 1051 NORTHWEST 29TH TERRACE, MIAMI FLORIDA
(MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
215 February 9, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------- --------------- -----------------------------------------------------------
55. DISCUSS AND CONTINUE (TO MARCH 23RD MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD'S DECISION TO DENY
A CERTIFICATE OF APPROPRIATENESS (AFTER THE FACT) FOR
CONSTRUCTION OF A 5 FOOT CHAIN LINK FENCE SURROUNDING
PROPERTY AT 4514 N.E. 1 AVENUE. (Applicant / Appellant: Susana Baker.)
Mayor Clark: Item number 1. Let me tell you, on PZ-29, the appellant would like to request that
this item be deferred until the next meeting, because her child is ill. Are there some neighbors
here on item number 29? Let's see where it's at.
Vice Mayor Plummer: What's item 29? Is it the car wash?
Mr. Sergio Rodriguez (Assistant City Manager): No. PZ-29 is an appeal from the decision
made by the Heritage Conservation Board for a fence, by Ms. Susana Baker.
Vice Mayor Plummer: Wait, wait a minute. Are we talking about PZ-29?
Mr. Rodriguez: PZ-29.
Vice Mayor Plummer: I have it as a car wash on Biscayne Boulevard. Am I out of the ball
park?
Mr. Rodriguez: Yeah.
Vice Mayor Plummer: Huh?
Mayor Clark: You're out of the ball park.
Vice Mayor Plummer: Which is the car wash?
Mayor Clark: That's a car wash that... I think it's illegal up there. Right?
Mr. Rodriguez: I don't know what you're reading, sir.
Commissioner Gort: It's a car wash.
216 February 9, 1995
Vice Mayor Plummer: What... Has this got anything to do with a car wash?
Ms. Sarah Eaton: No.
Mayor Clark: I asked... What is PZ-29? What is it?
Ms. Eaton: It's an appeal of a decision of the Historic and Environmental Preservation Board
regarding a fence.
Mayor Clark: We have a request from a lady who said her child is ill and wants a deferral. Is
there a motion?
Vice Mayor Plummer: Mr. Mayor, what were all those people here from Biscayne Boulevard
for this morning about a car wash?
Mayor Clark: They're back here, they're back there.
Vice Mayor Plummer: Is that an item before us? And if so, what number?
Mayor Clark: Twenty-seven.
Vice Mayor Plummer: Twenty-seven?
Mayor Clark: Relax. Let's move forward.
Vice Mayor Plummer: Thank you, sir.
Mayor Clark: Twenty-nine. I need a motion to defer this item.
Vice Mayor Plummer: So moved.
Mayor Clark: Second. Cast a unanimous ballot.
Mr. Rodriguez: So this is deferred for the March meeting. Right?
Mayor Clark: Yes, sir.
Unidentified Speaker: Your Honor, it's going to be heard now.
Mayor Clark: What's that?
Unidentified Speaker: If item number 29 is to be heard now?
Mayor Clark: No, ma'am. It will be heard at... March the 9th.
Vice Mayor Plummer: The 9th?
Mr. Rodriguez: The Commission meeting of March.
Mayor Clark: This lady...
Vice Mayor Plummer: Wait, wait, wait. The zoning is usually the second meeting of the month.
Mr. Rodriguez: March 23rd.
217 February 9, 1995
Vice Mayor Plummer: Yeah.
Unidentified Speaker: I'm here now. It might as well be heard now.
Mayor Clark: No, ma'am, no. Until the other person is here, we've got to wait for her.
Unidentified Speaker: Oil. OK.
Mayor Clark: Thank you for your kindness. Thank you.
Unidentified Speaker: Thank you very much.
AT THIS POINT, ITEM PZ-29 WAS CONTINUED UNTIL THE
COMMISSION MEETING OF MARCH 23, 1995.
----------------------------------------------------------------------------------------------------------------
56. APPROVE RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS
AND MODIFICATION FOR PROPERTY OWNED BY CHALLENGER
INVESTMENTS, INC. AT 2951-2999 S.W. 22 TERRACE. (Applicant:
Amancio V. Suarez for Challenger Investments, Inc.)
Mayor Clark: PZ-1. What do we have?
Ms. Lourdes Slazyk: Good afternoon. For the record, my name is Lourdes Slazyk, Planning,
Building and Zoning Department. PZs 1 through 7 are companion items involving ten lots along
Southwest 22nd Terrace that are shown on this map over here.
Mayor Clark: Coral Way, yeah.
Ms. Slazyk: PZ-1 is a request to release an existing covenant running with the land on the lots
colored in green on this map, and PZs 2 through 7 are requests for land use and zoning changes
for the remaining lots to restricted commercial.
Mayor Clark: This is an item we asked to be deferred so it would all be included in one?
Ms. Slazyk: Right.
Vice Mayor Plummer: Do you approve all of the applications?
Ms. Slazyk: We recommend approval on the land use and zoning changes.
Vice Mayor Plummer: Do you approve for 1 through 7?
Ms. Slazyk: No.
Vice Mayor Plummer: All right. Which ones don't you approve on?
218 February 9, 1995
Ms. Slazyk: We don't recommend approval of the release of the covenant. We would rather...
Vice Mayor Plummer: Which one is that?
Ms. Slazyk: Number 1, PZ-1.
Vice Mayor Plummer: OK. And why don't you recommend that? Is it because the book says
you shall not recommend it, or do you have some real gut reasons why?
Ms. Slazyk: There are real reasons.
Vice Mayor Plummer: Then I want to hear those.
Ms. Slazyk: OK. The reasons we recommend denial of releasing the covenant completely is
because the other side of 22nd Terrace is a residential district. If we release this covenant,
they'll be allowed to ingress and egress this side off of 22nd Terrace, and the properties across
the street on 22nd Terrace could piggyback for the zoning and land use changes on...
Mayor Clark: Just a moment. Do we have people here on 22nd Terrace today, on the south side
of the street?
Vice Mayor Plummer: Are you in opposition, sir?
Unidentified Speaker: No, I'm for.
Vice Mayor Plummer: OK. The reason I'm asking that...
Mayor Clark: 22nd Terrace has become a main thoroughfare...
Vice Mayor Plummer: It's behind, Mr. Mayor.
Mayor Clark: ... and this ingress and egress, it's not there, it's going to be busted through in two
months after you give the approval. So why do you want something like this? Let's do it right.
Vice Mayor Plummer: Well, Mr. Mayor, I was here when that covenant went in, and there was a
reason for it. And the gentleman who forced this Commission into the covenant, I don't know,
he's... I don't see him here today.
Ms. Lucia Dougherty: He couldn't come today.
Vice Mayor Plummer: He, in fact, was here at the last meeting, and said that he now has no
objections. So it was for him that we put in the covenant, and if, in fact, he no longer has any
objections, I don't know why we should have. So that was the point I was trying to make.
Mayor Clark: Do we have other objectors present on 1 through 7? I'm going to close the public
hearing. Give me a motion to approve them all.
Vice Mayor Plummer: You got it, Toyota.
Mr. Joel Maxwell (Assistant City Attorney): I'm sorry, Mr. Mayor. They're ordinances in there
as well. You have to take them...
Vice Mayor Plummer: That's what he's saying.
219 February 9, 1995
Mayor Clark: Well, read what you have to. We'll take them all at one time.
Vice Mayor Plummer: I move item number 1. Let's go, let's start, down the line. Now, that's a
resolution, item 1.
Mr. Maxwell: 'That's a resolution. You need a vote on that.
Mayor Clark: Maxwell, I told you to relax.
Vice Mayor Plummer: One, I move it.
Mr. Sergio Rodriguez (Assistant City Manager): How are you moving it? Be specific.
Vice Mayor Plummer: To approve.
Mr. Rodriguez: To approve the release of the covenant.
Vice Mayor Plummer: That is correct.
Mayor Clark: Yes, absolutely.
Commissioner Dawkins: Call the roll, Madam Clerk.
Mayor Clark: No, he's got to read... You got an ordinance there?
Vice Mayor Plummer: No, it's a resolution.
Ms. Matty Hirai (City Clerk): It's a resolution, Mr. Mayor.
Vice Mayor Plummer: Number 1 is a resolution.
Mr. Maxwell: Roll call vote on that.
Mayor Clark: You need a roll call?
Mr. Maxwell: On the resolution, yes.
220 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-132
A RESOLUTION, WITH ATTACHMENTS, APPROVING A RELEASE OF THE DECLARATION
OF RESTRICTIVE COVENANTS (THE "DECLARATION OF RESTRICTIVE COVENANTS"
DATED MARCH 2, 1988 (ATTACHED HERETO AS EXHIBIT "A"), AND A RELEASE OF THE
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS JTHE "MODIFICATION")
DATED AUGUST 26, 1988 (ATTACHED HERETO AS EXHIBIT "B'), AS RECORDED IN
OFFICIAL RECORDS BOOK 13875 AT PAGES 3008-3011 IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, CONDITIONED UPON THE OWNER PROFFERING A COVENA "a
WHEREBY THE OWNER AGREES TO INSTALL AND MAINTAIN A BUFFER AND
LANDSCAPING FOR THE PROPERTY OWNED BY CHALLENGER INVESTMENTS, INC.,
LOCATED AT 2951-2999 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA; FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND RECORD SAID
RELEASES (ATTACHED HERETO AS EXHIBITS "C" AND "D"), IN SUBSTANTIALLY THE
ATTACHED FORMS, SUBJECT TO THE CONDITION THAT CONSTRUCTION ON THE
PROPERTY SHALL COMMENCE NO LATER THAN ONE YEAR FROM THE DATE OF
ADOPTION, PURSUANT TO SECTION 163.3189, FLORIDA STATUTES (1993), OF THE
ORDINANCES CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT:
(A) 3015-3017 SOUTHWEST 22 TERRACE; AND (B) 3001 AND 3019-21 SOUTHWEST 22
TERRACE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------- ------------------------------------------------------------- --------------------------------------
57. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 3015-17 S.W. 22
TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Celia Rau, owner, & Amancio Suarez, buyer.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move item 2.
Ms. Lucia Dougherty: Mr. Mayor, I just want to make a clarification. It's the release of the
covenant, and the modification of the covenant.
Commissioner Dawkins: I don't know. Is that right, Mr. City Attorney?
221 February 9, 1995
Vice Mayor Plummer: Mr. City Attorney?
Mayor Clark: Don't worry about it. Let's keep moving.
Mr. Maxwell: A resolution with attachment, approving the release of the declaration and...
Vice Mayor Plummer: Well, I guess, what's the modification?
Mr. Maxwell: Yeah. What did they...
Ms. Dougherty: The modification actually made this covenant a little less restrictive, so it is
covered in it.
Mr. Maxwell: Yes.
Vice Mayor Plummer: Fine.
Mayor Clark: Read it. Read what you have to.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
Vice Mayor Plummer: I have one question. Mr. Rodriguez?
Mr. Rodriguez: Yes, sir.
Vice Mayor Plummer: What stipulation do we have in here that if he does not commence
construction, within what period of time, these are null and void?
Mr. Rodriguez: You don't have any stipulation at this point.
Vice Mayor Plummer: Well, what is fair? A year?
Mr. Rodriguez: I would say within one year.
Vice Mayor Plummer: OK.
Mayor Clark: One year.
Vice Mayor Plummer: One year, he has to commence construction within one year or it
automatically comes back to this Commission.
Mr. Rodriguez: OK.
Mayor Clark: "Claro"?
Mr. Maxwell: That's PZ-1.
Ms. Slazyk: That would be to the covenant.
Mr. Maxwell: That's the covenant to PZ-1.
Vice Mayor Plummer: Wherever you wish to put it.
222 February 9, 1995
Ms. Dougherty: No. He means PZ-2. He doesn't mean PZ-1.
Vice Mayor Plummer: OK.
Mayor Clark: OK?
Mr. Maxwell: No. PZ-2 is a zoning atlas change.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Madam Clerk. Next item.
Vice Mayor Plummer: No, this is an ordinance. Two is an ordinance, Mr. Mayor.
Mr. Maxwell: That's correct. That would be on 1.
Mayor Clark: It's an ordinance? Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN, FOR THE PROPERTY LOCATED
AT 3015-17 SOUTHWEST 22 TERRACE, BY CHANGING THE LAND USE
DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF
A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
223 February 9, 1995
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: With that provision of one year commencement of construction, I vote
yes.
----------------------------------------------------------------------------------------------------------------
58. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 3015-3017 S.W. 22 TERRACE FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Celia Rau,
owner, & Amancio Suarez, buyer.)
Mayor Clark: Next item.
Vice Mayor Plummer: Move 3.
Mayor Clark: All right. Motion and a second. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, 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 3015-3017 SOUTHWEST 22ND TERRACE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN); 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 Vice Mayor Plummer and seconded by Commissioner De Yurre and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
224 February 9, 1995
------------------- ------------------------------- --------------------------------------------------------------
59. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 3001 & 3019-21 S.W.
22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Amancio Suarez, Challenger Investments, Inc.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 4.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTIES LOCATED
AT 3001 AND 3019-3021 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, BY
CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE,
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
60. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 3001 & 3019-21 S.W. 22 TERRACE FROM R-2 TWO-
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant:
Amancio Suarez, Challenger Investments, Inc.)
Vice Mayor Plummer: Can I ask, before I move 5, which I'm fully intending to do, can you give
me any reason why the Zoning Board, on this and the next one, recommended denial? Do you
know why? Was there a reason?
Mayor Clark: They probably... Probably the moon was high that night.
225 February 9, 1995
Mr. Sergio Rodriguez (Assistant City Manager): I guess they were concerned that if you were to
approve commercial in this area, there might be the possibility of having the traffic coming to
22nd Terrace, and that's why we were recommending a one -foot separation.
Vice Mayor Plummer: OK. I move item 5.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, 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 3001 AND 3019-21 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); 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 Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
226 February 9, 1995
---------------------------------------------------------- -----------------------------------------------------
61. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 3023-25-27-31-33
S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Ana & Nicola Cossentino.)
Vice Mayor Plummer: Move 6.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTIES LOCATED
AT 3023-3025, 3027, AND 3031-3033 SOUTHWEST 22ND TERRACE, MIAMI,
FLORIDA, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
227 February 9, 1995
---------------------------------- -----------------------------------------------------------------------
62. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 3023-25-27-31-33 S.W. 22 TERRACE FROM R-2 TWO-
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant:
Nicola & Ana Cossentino.)
Vice Mayor Plummer: Move 7.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
Mayor Clark: Call the roll.
Commissioner Gort: Wait a minute, I'm sorry. You read in there other one -foot strip along the
southern boundary, with that exception right?
Mr. Maxwell: There was no discussion of that on the record, was there?
Mr. Rodriguez: I believe that the motion made before by the Commissioner didn't include the
one -foot strip.
Vice Mayor Plummer: Well, excuse me. I accepted it with the conditions that were put forth.
Now, was that...
Commissioner Gort: Yeah.
Ms. Dougherty: No. This is... The one -foot strip really is a hardship to us, for the reason that it
requires at that point that you can't enter and exit, which is something that's necessary for us, as
well as the fact that then, you have an extraordinary setback, because it's next to a residential
district.
Mayor Clark: Wait a minute, J.L. Wait a minute.
Vice Mayor Plummer: All right. Let me just make sure of one thing, Lucia, OK? That ingress
and egress on that back, I want to tell you something. I don't want to see, if I were a neighbor, a
solid wall that's ugly, and not painted, and no landscaping there. I'm relying on the good faith
of those people to make sure that if they live there, that it would be acceptable to them. OK?
We're going way overboard here now, and I just hope that they will keep in consideration the
people who live behind them, who've got to look at it every day.
Mayor Clark: They'll do that. We've got a bunch of...
Ms. Dougherty: We do have a ten -foot landscape buffer there.
Vice Mayor Plummer: That's... Yeah, but, hey, landscaping, put it in. You got to maintain it.
Mayor Clark: Yeah, you got to maintain it. That's a big problem. They let it go to hell out
there.
Vice Mayor Plummer: OK?
228 February 9, 1995
Commissioner Dawkins: What are we on, G or 7?
Vice Mayor Plummer: We're on 8.
Ms. Matty Hirai (City Clerk): We're on 7.
Vice Mayor Plummer: We're on 8.
Ms. Hirai: No. I need to call the roll, Mr. Mayor.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, 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 T 3023-25-27-31-33 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); 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 Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Eight, we've already moved on. Nine.
Vice Mayor Plummer: Ms. Dougherty, you will surrender the renderings for the record.
Ms. Dougherty: Yes, sir.
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. Thank you.
229 February 9, 1995
El
--------------- ------------------------------------------------------------------------------------------------
63. OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC
USE OF PRIVATE ALLEY BETWEEN S.E. 14 TERRACE AND S.E. 14
STREET, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT 1464-A
(ST. JAMES AT BRICKELL SUBDIVISION), FOR PROPERTY LOCATED
BETWEEN S.E. 14 TERRACE AND S.E. 14 STREET. (Applicant: Terremark
Brickell Ltd.)
Mayor Clark: Call item 9.
Vice Mayor Plummer: Now, we're going to get a pot of gold on 9.
Mr. Jim Kay: Mr. Mayor and members of the Commission, item PZ-9 is a public hearing for the
vacation, abandonment and closure of a privately owned alley lying between Southeast 14th
Terrace and Southeast 14th Street, as part of the tentative plat of Saint James at Brickell
Subdivision.
Mayor Clark: All right. Do we have objectors present on this item?
Vice Mayor Plummer: How many square foot of property is there?
Commissioner Dawkins: Is this...
Mr. Kay: We're talking... The closure of the alley is 1100 square feet.
Vice Mayor Plummer: And about what does a square foot of property go for?
Mr. Kay: About $50 a square foot in that area.
Vice Mayor Plummer: OK. Thank you, sir.
Commissioner Dawkins: Is this the same thing where you were talking about giving people the
right, who have been there, that I deferred this morning? What's the difference in this and that
one?
Mr. Kay: No.
Commissioner Dawkins: Wait a minute, wait a minute.
Vice Mayor Plummer: This is a street closure.
Mr. Kay: This is a street and alley closure, and the person closing the alley owns property on
both sides of the alley.
Commissioner Dawkins: OK. That's a difference. Well, that's the difference.
Mr. Kay: Yeah.
Ms. Lucia Dougherty: And this is a private alley. It's never been public.
230 February 9, 1995
W4m4
Commissioner Dawkins: But the others that you're bringing before me, they are as... owned by
people on both sides of it.
Mr. Kay: Yes, sir. Every one we've brought before you like this, they've owned property on
both sides of the alley.
Vice Mayor Plummer: And... Wait a minute. Why, if they are getting this property... Are they
getting this property?
Mayor Clark: They own both sides of the property, and now they're going to condemn and give
it to them. They own it.
Vice Mayor Plummer: Well, what... Are they going to do anything in return?
Mayor Clark: Well, what do you...
Ms. Dougherty: Commissioner Plummer, I just want to explain one thing to you.
Mayor Clark: They're going to put it on the tax rolls.
Ms. Dougherty: We own both sides of the alley, but furthermore, it's a private alley. It's never
been a public alley. It's not a City alley.
Vice Mayor Plummer: Yes, but if we don't approve it...
Commissioner Dawkins: It's still an alley.
Vice Mayor Plummer: ... it's still an alley.
Ms. Dougherty: Yes, but you have never, in the past, required any kind of...
Commissioner Dawkins: Compensation.
Ms. Dougherty: ... dedication or compensation from private owners of their own property.
Vice Mayor Plummer: Never compensation. Volunteered contribution.
Ms. Dougherty: Exactly.
Vice Mayor Plummer: Now, if we need to discuss... I think you need to take and think about
this one for a few minutes.
Mayor Clark: What do you want to do, take her out to lunch, or what?
Vice Mayor Plummer: No, no, no. God, no, she eats too much.
Mayor Clark: You can't pay with your card, that's why.
Commissioner Dawkins: He doesn't use his card. He doesn't use his card.
Mayor Clark: All right. Let's move on. Let's move forward. Is there a motion?
Commissioner Gort: Move it. I move it.
231 February 9, 1995
Mayor Clark: Moved and seconded. It's not an ordinance?
Mr. Joel Maxwell (Assistant City Attorney): That's correct, sir, it's not an ordinance.
Mayor Clark: With no exception, cast a unanimous ballot. Is that all right?
Mr. Maxwell: That's correct, sir.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-133
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY CLOSING, VACATING,
ABANDONING AND DISCONTINUING THE PUBLIC USE OF A PORTION OF
THE PRIVATE ALLEY LYING BETWEEN SOUTHEAST 14TH TERRACE AND
SOUTHEAST 14TH STREET AS A CONDITION OF THE APPROVAL OF
TENTATIVE PLAT NO. 146-A, "ST. JAMES AT BRICKELL SUBDIVISION,"
SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE,
FOR THE PROPERTY LOCATED BETWEEN SOUTHEAST 14TH TERRACE AND
SOUTHEAST 14TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART
HEREOF).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Maxwell: Mr. Mayor?
Mayor Clark: Yes.
Ms. Dougherty: Thank you.
Mr. Maxwell: Don't forget, you need to swear in... Have the people sworn in.
Mayor Clark: All right. Would all persons who may testify today, "may" testify...
Vice Mayor Plummer: Especially attorneys.
Mayor Clark: ... raise your right hand and be sworn by the Clerk. It's good for your blood
pressure. Get some exercise in there. You don't have to testify.
232 February 9, 1995
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: Did you overlook the press?
----------------------------------------------------------------------------------------------------------------
64. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 1902 N.W. 14
AVENUE FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL. (Applicant: Sun Bank / Miami, N.A. & VAH
Miami, Federal Credit Union, buyer.)
------------------------------------------------------------ ---------------------------------------------------
Mayor Clark: All right, item 10. Item 10.
Vice Mayor Plummer: Mr. Mayor, I understand that they have already made a commitment to
the Parks Department for some things that they need in the Parks Department, so I move item 10.
Commissioner Gort: Second.
Mayor Clark: No exception? Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT
1902 NORTHWEST 14TH AVENUE, BY CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of December 1, 1994, was taken up for
its second and final. reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
233 February 9, 1995
Im
El
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner De Yurre requested of the Clerk to be shown in
agreement with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11217.
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.
---------------------------------- -----------------------------------------------------------------------------
65. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 1902 N.W. 14 AVENUE FROM R-4 MULTI -FAMILY
HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
(Applicant: Sun Bank / Miami, N.A. & VAH Miami, Federal Credit Union,
buyer.)
Vice Mayor Plummer: Now, on 11, we get even.
Mayor Clark: On 11...
Vice Mayor Plummer: Even worse. I move 11.
Mayor Clark: On item 11.
Commissioner Gort: Second.
Mayor Clark: All right. Any discussion?
Vice Mayor Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTI -FAMILY
HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTY LOCATED AT 1902 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
234 February 9, 1995
passed on its first reading by title at the meeting of December 1, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner De Yurre requested of the Clerk to be shown in
agreement with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11218.
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.
----------------------------------------------------------------------------------------------------------------
66. GRANT SPECIAL EXCEPTION FROM 11000 TO ALLOW A CREDIT
UNION / BANKING FACILITY, SUBJECT TO REZONING OF PROPERTY
AT 1902 N.W. 14 AVENUE FROM R-4 MULTI -FAMILY HIGH DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Sun Bank
/ Miami, N.A. & VAH Miami, Federal Credit Union, buyer.)
Vice Mayor Plummer: OK, on 12, my question is, how many cars can they stack up off the
street?
Mayor Clark? Item 12?
Vice Mayor Plummer: Yes, sir. How many cars can they stack up off the street?
Ms. Lourdes Slazyk: It meets the zoning. They're not asking for a reduction. Let me check the
plans and see how many.
Vice Mayor Plummer: I'm asking the question.
Mr. Sergio Rodriguez (Assistant City Manager): Right. We're going to look for that.
Vice Mayor Plummer: We have the right to say yes or no. I don't want to see a traffic jam out
on 20th Street. That's what it would be. That is a much travelled street.
235 February 9, 1995
Commissioner Gort: How about 14th Avenue?
Vice Mayor Plummer: They never do. They want the...
Mayor Clark: Do you have the...
Vice Mayor Plummer: I think what we asked for was no less than ten; is that correct? How
many?
Ms. Slazyk: They've got 28 and three lanes.
Vice Mayor Plummer: Off the street.
Ms. Slazyk: Off the street.
Vice Mayor Plummer: I move item 12.
Ms. Slazyk: I need to make one change in the condition on the record.
Vice Mayor Plummer: All right.
Ms. Slazyk: They have to have... I checked with Zoning. Because they've got a change of
zoning, to restricted commercial, they have to add a six-foot CBS (concrete block structure)
wall, instead of a chain link fence separating them from the residential property.
Mayor Clark: This is the old Sun Bank?
Vice Mayor Plummer: Yeah... No, it's still the Sun Bank.
Commissioner Gort: That's the one we just changed the zoning on. There's one in back, not the
one on 20th Street.
Vice Mayor Plummer: Yeah.
Mr. Rodriguez: Right.
Ms. Slazyk: We also need a delayed effective date on this, because the zoning and land use
change that you just acted on will not be in effect in 30 days, and they can't put the...
Vice Mayor Plummer: Well, I moved it.
Mr. Rodriguez: Right.
Mr. Joel Maxwell (Assistant City Attorney): What Ms. Slazyk is saying is that this should show
an effective date concurrent with item PZ-10.
Vice Mayor Plummer: OK.
Commissioner Gort: So move.
Mayor Clark: You got to hold it up.
Vice Mayor Plummer: And here again, what about the landscaping?
236 February 9, 1995
Ms. Slazyk: The landscape is...
Vice Mayor Plummer: How far is the setback?
Mr. Rodriguez: The landscaping is subject to the approval of the Planning Department.
Vice Mayor Plummer: From the six-foot wall, how much is the setback?
Mr. Rodriguez: There is an area of landscaping of approximately, I believe, it's five feet over
here. I cannot see it from here. It's the area that is shown over there.
Vice Mayor Plummer: With the stipulation that that be heavily landscaped and maintained. If
the day ever comes they don't maintain it, they're going to be back before this board.
Mr. Rodriguez: OK.
Vice Mayor Plummer: Let them so know that.
Mayor Clark: All right. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-134
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 9, SECTION 931, DRIVE -THROUGH AND DRIVE-IN
ESTABLISHMENTS; CAR WASHES; TO ALLOW A CREDIT UNIONBANKING
FACILITY, PER PLANS ON FILE, SUBJECT TO REZONING OF THE PROPERTY
CURRENTLY ZONED R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-
1 RESTRICTED COMMERCIAL, AND TO ALL OF THE CONDITIONS OF THE
PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING
DEPARTMENT FOR THE PROPERTY LOCATED AT 1902 NORTHWEST 14TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBE HEREIN);
SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
237 February 9, 1995
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner De Vurre requested of the Clerk to be shown in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
67. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 168-200 S.W. 32
ROAD, 3200-3202 S.W. 1 AVENUE & 1100-1139 S.W. 22 TERRACE FROM
HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL. (Applicant: Vizcatran, Ltd.)
Mayor Clark: Item 13.
Vice Mayor Plummer: Thirteen, nobody wants to move, I'm sure. It's an agreement that we had
with the neighbors, and they were the ones who Mr. Fletcher agreed with, and I'm sure he is in
agreement now. Even though we don't like it, we don't want it, this is the best of the worst
world. I move item 13.
Commissioner Dawkins: Second.
Mayor Clark: All right. You OK, John? Want to earn your fee? Get up there. Let them know
you're here, John.
Mr. John Fletcher: John Fletcher, 7600 Red Road, in South Miami, is my office. And, yes, we
do request, the neighbors request that you pass item 13 and 14, which is a companion item.
Vice Mayor Plummer: Let's talk about this idea that you don't have an office in the City of
Miami, where you should be.
Mr. Fletcher: That's true, I should be. I've been derelict for years. I'm sorry.
Mayor Clark: That's all right. We still love you, John. All right, call the roll.
238 February 9, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN, FOR PROPERTY LOCATED AT
168-200 SOUTHWEST 32ND ROAD, 3200-3202 SOUTHWEST 1ST AVENUE AND
1100-1139 SOUTHWEST 22ND TERRACE, BY CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO
DUPLEX RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of December 1, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner De Yurre requested of the Clerk to be shown in
agreement with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11219.
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.
----------------------------------------------------------------------------------------------------------------
68. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 168-200 S.W. 32 ROAD, 3200-3202 S.W. 1 AVENUE &
1100-1139 S.W. 22 TERRACE FROM R-4 MULTI -FAMILY HIGH -DENSITY
RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL. (Applicant: Vizcatran,
Ltd.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Gort: Move it.
Vice Mayor Plummer: What's the next item? Fourteen...
239 February 9, 1995
Mr. Joel Maxwell (Assistant City Attorney): That's the companion zoning atlas.
Mr. Jim Kay: It's the other half of Vizcatran, for the same item.
Vice Mayor Plummer: Fourteen is the same idea. We have no choice. We got to do it. Let's do
it.
Mayor Clark: All right. Read it. All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTI -FAMILY
HIGH -DENSITY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR THE
PROPERTY LOCATED AT 168-200 SOUTHWEST 32ND ROAD, 3200-3202
SOUTHWEST 1ST AVENUE AND 1100-1139 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN); AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 44 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of December 1, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent during roll call,
ommissioner De Yurre requested of the Clerk to be shown in
agreement with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11220.
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 Plummer: That's a sad piece of history in this City behind us.
Mayor Clark: Boy, you better believe it.
Mr. Fletcher: Thank you very much for getting it behind us.
240 February 9, 1995
Mayor Clark: Thank you, John.
------------------------- --------------- ------------------------------------------------------------------------
69. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 2474 S.W. 27
TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE, SUBJECT
TO PROVISION OF COVENANT. (Applicant: Stephen D. & Elaine H.
Pearson.)
Mayor Clark: All right. Item 15.
Vice Mayor Plummer: Would somebody put this one up on the map? I want to see this one,
because it seems like to me it's an encroachment.
Mayor Clark: Put it on the map, you can't see it, anyway.
Vice Mayor Plummer: Oh, yes, I can.
Mayor Clark: I know. You got those...
Vice Mayor Plummer: Cheaters.
Mayor Clark: The cheaters. You call that the cremation eyes.
Mr. Sergio Rodriguez (Assistant City Manager): If we can remind you of this issue, remember,
there were a lot of people coming on this issue, and at the end, we offered, as a possibility, to add
an overlay district of SD-19, which is item number 17, reducing the floor/area ratio to point five,
and that was an acceptable agreement by everybody, I believe.
Vice Mayor Plummer: Right.
Ms. Lourdes Slazyk: Including the property owner.
Vice Mayor Plummer: And they now... what?
Ms. Slazyk: The Department has initiated the legislation to add the SD-19, and that is the third
of these companion items. So PZ-15 is the land use change, 16 is the zoning change, and 17 is
the SD-19 overlay.
Vice Mayor Plummer: And that is in concurrence with the owner?
Ms. Slazyk: Yes.
Vice Mayor Plummer: And the neighbors? Is there anyone here to object on 15, 16 or 17? Let
the record reflect no one. Mr. Mayor, I move item...
Commissioner Gort: There's one here.
Vice Mayor Plummer: I'm sorry.
Mayor Clark: Well, go ahead.
241 February 9, 1995
Vice Mayor Plummer: I tried.
Ms. Joyce Nelson: I'm here on behalf of Howard Weisberg. He's my neighbor, and he will be
here shortly, and also, I'm a neighbor there. We just want to make sure that... And I'm sure
Lourdes knows. We just want to make sure that we're not going to be able to build some high-
rise building on this property, or with the joining property, the property next door is for sale, and
how the parking is going to be accommodated.
Vice Mayor Plummer: Let's do it this way. A covenant has to be surrendered that they will not
do anything other than the first, one floor. Will that do it?
Mr. Joel Maxwell (Assistant City Attorney): It has to be a voluntary covenant. They have to
volunteer that.
Vice Mayor Plummer: You'll be restricted to a single floor, one-story building.
Mr. Stephen Pearson: On top of the point nine... I mean point five floor/area ratio that we're
already putting on there? I mean, I could... We're talking about a 5,000 square foot lot,
Commissioner. I mean, there's not a lot you can build...
Vice Mayor Plummer: I'm merely asking of their concern is that you go up another two or three
floors, that a covenant be given that you will restrict yourself to a single floor. I mean, is there
anything wrong with that?
Mr. Pearson: Yeah.
Mr. Rodriguez: I would restrict it to, if anything, to the same height of residential, which is 25
feet. Right? I believe...
Vice Mayor Plummer: All right, fine. I mean, you know, I'm just trying to get something where
there's comfort on both sides.
Mayor Clark: All right. Let's move on.
Ms. Nelson: My second issue is about parking. You know, I have pictures here. I mean, where,
where are the people going to be parking for this property? Because there is no room.
Vice Mayor Plummer: Well, they've got to provide parking, if I'm not mistaken, so it's up to
them to demonstrate where they're going to put it.
Ms. Nelson: Because this is a picture of the house. There's just a driveway in the front, that's it.
Mayor Clark: You can put one car there.
Vice Mayor Plummer: How many parking spaces required, Mr. Rodriguez?
Mr. Rodriguez: It's one per 300 square feet.
Vice Mayor Plummer: Which would equate to how many parking spaces?
Mr. Rodriguez: It depends on how much he wants to use. If he adds to the property, you know.
How much... How many square foot do you have in the property now?
242 February 9, 1995
Mr. Pearson: It's between 900 and 1,000 square feet. I don't know exactly.
Mr. Rodriguez: So it will be about four, three to four, off-street parking.
Vice Mayor Plummer: OK. You've got to provide...
Ms. Nelson: Well, there isn't room on the property to park three or four cars.
Vice Mayor Plummer: Well, then, they can't do it.
Commissioner Gort: Well, he's got to find room. If he can't provide it, he can't do it.
Vice Mayor Plummer: If he can't provide it...
Ms. Nelson: Is that right?
Vice Mayor Plummer: Right.
Ms. Nelson: I mean, the street is the only place, and it's already packed with cars.
Vice Mayor Plummer: No, no. He cannot operate there and get an occupational license until he
has got a certificate of use.
Mr. Rodriguez: Right.
Vice Mayor Plummer: And a certificate of use will demand and require that he put forth the
same amount of parking that he is using of the building. There's nothing else we can do.
Ms. Nelson: OK. And the one story. Thank you.
Vice Mayor Plummer: No, no, no. Excuse me, now. One floor, same restriction as residential.
Mr. Rodriguez: Adjacent residential.
Vice Mayor Plummer: The adjacent residential.
Mr. Rodriguez: Height.
Vice Mayor Plummer: Which I think is 25, he said.
Mayor Clark: All right, sir? You all right?
Mr. Rodriguez: Twenty-five feet, yeah.
Mr. Pearson: I just don't... Commissioner, I'm a little concerned, because last time I came
down here, and some new requirement, after both the Planning and the Zoning Boards
recommending approval, and I agreed to go back and agree to this SD-19 overlay, which is a
point five floor/area ratio. We did that. The Planning Board now gave me a unanimous
approval, and now, I'm hearing something else. And my concern is, if I tear down this building,
which I have no intention of doing, but someday, if it ever happens, you know, I'm already
restricted greatly in the size of the building. This fear of some 20-story building just doesn't
make sense, when you've got a point five floor/area ratio. But I just...
Vice Mayor Plummer: If it doesn't make sense, then what is your concern?
243 February 9, 1995
Mr. Pearson: Well, I just don't understand what it means. Why would we care if... If I could
have two stories and...
Commissioner Gort: You can have two stories within 25 feet.
Vice Mayor Plummer: Twenty-five feet. That's two and a half stories.
Mr. Pearson: OK.
Mayor Clark: All right? Are you moving it with those restrictions?
Vice Mayor Plummer: Yes, sir, I move...
Mr. Maxwell: Mr. Mayor and members of the Commission, I just want to make sure, first of all,
this... The applicant is voluntarily agreeing to tender a covenant to us that incorporates the
conditions that the Commission has asked for in the zoning change.
Mr. Pearson: Yes, I will do that. I just wish that, for the record, that the neighbors would not
come down here every time with a new surprise. If they'd just talk to me, I would have worked
with them.
Ms. Nelson: It's nothing new. The same thing we had before.
Mr. Maxwell: All right. And we will need that covenant. We will need that covenant almost
immediately after this is passed, with those conditions.
Mr. Pearson: I would do it and submit it.
Vice Mayor Plummer: Excuse me. It's not in effect without it. I move 15. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT
2474 SOUTHWEST 27TH TERRACE, BY CHANGING THE LAND USE
DESIGNATION FROM SINGLE-FAMILY RESIDENTIAL TO OFFICE; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
244 February 9, 1995
passed on its first reading by title at the meeting of December 1, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11221.
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.
----------------------------------------------------------------------------------------------------------------
70. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 2474 S.W. 27 TERRACE FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO O-OFFICE. (Applicant: Stephen D. & Elaine H. Pearson.)
Vice Mayor Plummer: I move 16, which is part and parcel thereof.
Mayor Clark: All right. Very good. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1
SINGLE-FAMILY RESIDENTIAL TO O-OFFICE FOR THE PROPERTY
LOCATED AT 2474 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 43 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
245 February 9, 1995
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
---------------------------------------------------------------------------------------------------------------
71. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 2474 S.W. 27 TERRACE BY ADDING SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT (F.A.R. OF 0.5). (Applicant:
Planning, Building & Zoning Department.)
Vice Mayor Plummer: I move 17, which is part and parcel.
Commissioner Gort: Second.
Mayor Clark: Move... Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS FOR THE PROPERTY
LOCATED AT 2474 SOUTHWEST 27TH TERRACE BY ADDING THE SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT AND DESIGNATING AN F.A.R. OF
"0.5" TO THE SUBJECT PROPERTY; CONTAINING A REPEALER PROVISION
AND SEVER.ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
246 February 9, 1995
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Thank you.
Mr. Pearson: Thank you, Commissioner.
----------------------------------------------------------------------------------------------------------------
72. (A) DISCUSS AND CONTINUE (TO MARCH 23RD MEETING)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
TO AMEND 10544 (MCNP) FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION AT 2725 N.W. 6 STREET
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: G. Palbicke & Fiduciary Trust Int. of the
South & H. Tannen, TR.)
(B) DISCUSS AND CONTINUE (TO MARCH 23RD MEETING)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
TO AMEND 11.000 ATLAS BY CHANGING DESIGNATION AT
2725 N.W. 6 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO
C-1 RESTRICTED COMMERCIAL. (Applicant: G. Palbicke &
Fiduciary Trust Int. of the South & H. Tannen, TR.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-18. You got your map.
Vice Mayor Plummer: "Oye, senor."
Mayor Clark: He's not a "senor."
Mr. Sergio Rodriguez (Assistant City Manager): That's part of the record now, anyhow. Vicky?
Thank you, that's part of the record.
Mayor Clark: What is this?
Vice Mayor Plummer: Eighteen.
Mr. Edward Schack: If I may proceed.
Mr. Rodriguez: I understand there was going to be a request for a continuance, or no?
247 February 9, 1995
Mr. Schack: I would like to continue this. I believe this application has been misunderstood
from the start.
Vice Mayor Plummer: Wait, wait a minute, excuse me. Who are you, sir, and where do you
live?
Mr. Schack: Oh, my mistake. I'm Edward Schack. I represent the owner, 1320 South Dixie
Highway.
Mayor Clark: Do you mind a continuance, sir?
Mr. Rodriguez: We're the applicant. We are, the City.
Mayor Clark: OK. Got a continuance.
Mr. Schack: OK. Thank you.
Mayor Clark: For how long? Thirty days?
Vice Mayor Plummer: Are there objectors here? Can I ask one quick question, Mr. Mayor?
Mr. Schack: Certainly.
Vice Mayor Plummer: What is it you intend to put on this property?
Mayor Clark: Parking.
Mr. Schack: An asphalt parking lot, and nothing else.
Vice Mayor Plummer: Thank you. You want to continue it? I'll move to deter.
Mayor Clark: Thirty days. Thirty days.
Mr. Schack: OK. Thank you.
Mr. Rodriguez: To March 23rd.
Vice Mayor Plummer: March 23rd. Let the record reflect that no one was here to speak on the
issue.
Mayor Clark: Item 19.
Vice Mayor Plummer: Item 18; 19, that's the same problem, isn't it?
Mr. Rodriguez: Right.
Commissioner Gort: Yeah.
Vice Mayor Plummer: I'll move 19 be the same as 18, part and parcel thereof.
Mayor Clark: Thirty days.
Vice Mayor Plummer: Sounds like a sentence
248 February 9, 1995
4�
AT THIS POINT, AGENDA ITEMS PZ-18 AND PZ-19 WERE
CONTINUED TO MARCH 23, 1995. LATER (SEE LABEL 74)
SAID ITEMS WERE DIRECTED TO BE SCHEDULED AS THE
FIRST ITEMS ON THE MARCH 23 MEETING AGENDA.
----------------------------------------------------------------------------------------------------------------
73. (A) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND 10544
(MCNP) FUTURE LAND USE MAP BY CHANGING LAND USE
DESIGNATION AT 2537-43 S.W. 11 STREET FROM DUPLEX
RESIDENTIAL TO MULTI -FAMILY MEDIUM DENSITY
RESIDENTIAL. (Applicant: Jose E. & Maria J. Valdes.) (See label 86)
(B) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND 11000
ATLAS BY CHANGING DESIGNATION AT 2537-2543 S.W. 11
STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 20.
Vice Mayor Plummer: 4101 Northwest 11th Street.
Mr. Roberto Lavernia: For the record, Roberto Lavernia, Planning, Building and Zoning
Department. The recommendation of the Department is for denial, finding that increased
densities intruding into the existing low density residential neighborhood created by this
amendment are not consistent with the future low density land use pattern that is proposed for
the area.
Mayor Clark: OK.
Ms. Vicky Leiva: Mr. Mayor, if I may. Mr. Price has just...
Mayor Clark: Name, please.
Ms. Leiva: Vicky Leiva, with offices at 701 Brickell Avenue. Mr. Price has just concluded a
hearing at the County Commission. He is en route to this hearing. Could we ask that this matter
be allowed to go to the last item on the agenda, please?
Vice Mayor Plummer: Are you kidding me?
Mayor Clark: Are there other persons interested in this item present, objecting?
Ms. Maria Ortiz: Maria Ortiz. I reside at 2540 Southwest 11th Street, and I object to a
continuance at this time.
Ms. Leiva: Not a continuance. Just leave it for the end of the hearing so Mr. Price can arrive.
Vice Mayor Plummer: Well, within the hour he should be here.
Ms. Leiva: Yeah, he's en route.
249 February 9, 1995
Ms. Ortiz: That's fine.
Mayor Clark: Wait for a little bit. Stay with us a while.
Vice Mayor Plummer: So... That's all. OK.
Mayor Clark: All right.
Ms. Leiva: Thank you.
Vice Mayor Plummer: Now, we go to 21.
Mayor Clark: Twenty-one.
Mr. Rodriguez: It's the same thing.
Mr. Lavernia: It's a companion item.
Mr. Rodriguez: Companion item.
[AT THIS POINT, ITEMS PZ-20 AND PZ-21 WERE TABLED. SEE LABEL 86.]
----------------------------------------------------------------------------------------------------------------
74. (A) GRANT SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL
DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET
OF LOT AREA, FOR PROJECT CONTAINING TWO STRUCTURES
WITH THREE UNITS AND 7,500 SQUARE FOOT LOT SIZE, FOR
PROPERTY AT 827, 827-1/2 AND 831 N.W. 33 AVENUE (ZONED
R-2 TWO-FAMILY RESIDENTIAL). (Applicant: Antonio Fuentes.)
(B) GRANT SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL
DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET
OF LOT AREA, FOR PROJECT CONTAINING TWO STRUCTURES
OF THREE UNITS AND LOT SIZE OF 7,500 SQUARE FEET, AT
821, 823 & 825 N.W. 33 AVENUE (ZONED R-2 TWO-FAMILY
RESIDENTIAL). (Applicant: Antonio Fuentes.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Now we're... What about 20... No.
Mr. Sergio Rodriguez (Assistant City Manager): Twenty-two is separate.
Vice Mayor Plummer: Wait a minute. Twenty-two is a different story, right?
Mr. Rodriguez: Right.
Mayor Clark: Twenty-one is a companion item on 20?
Mr. Rodriguez: Twenty-one is a companion of 20, sir.
Mayor Clark: Twenty-two.
Vice Mayor Plummer: Twenty and 21 is together.
250 February 9, 1995
Mayor Clark: Yes.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Eighteen passed.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Well, what...
Vice Mayor Plummer: Huh? No, that was deferred.
Ms. Matty Hirai (City Clerk): Continued.
Vice Mayor Plummer: Eighteen was continued.
Ms. Hirai: Yes.
Mr. Joel Maxwell (Assistant City Attorney): Continued to March the 25th... 23rd.
Vice Mayor Plummer: That's in reference to the parking lot. Yeah, 18 and 19 were deferred...
Mayor Clark: It's been deferred for 30 days.
Vice Mayor Plummer: ... until March the 23rd. We asked if there was anybody present.
Unidentified Speaker: Well, we're all here.
Vice Mayor Plummer: Well, why didn't you stand up?
Commissioner Dawkins: You're standing up now. That's good.
Mayor Clark: It's deferred until March the 30th.
Mr. Maxwell: Twenty-third.
Vice Mayor Plummer: Twenty-third.
Mayor Clark: Sorry, we can't handle it now.
Ms. Lourdes Slazyk: The attorney left.
Vice Mayor Plummer: Gone.
Mayor Clark: Item 22.
Ms. Slazyk: OK. PZs 22 and 23 are companion items. They...
Mayor Clark: Are there persons here interested in 22? We ask that... You, sir?
Unidentified Speaker: We'll be back here.
Mayor Clark: I know you will. We've enjoyed having you.
251 February 9, 1995
Unidentified Speaker: We'll be back.
Mayor Clark: Thank you.
Vice Mayor Plummer: Mr. Mayor, in courtesy to these people, could we make this the first item
on the next agenda?
Mayor Clark: Oh, yeah, so you don't have to wait all day.
Vice Mayor Plummer: So they don't have to wait.
Mayor Clark: First item on the agenda. I'm sorry, ma'am.
Vice Mayor Plummer: OK. Make it... You will be the first item on the agenda of the 23rd of
March.
Mr. Rodriguez: Of March.
Mayor Clark: That is the Zoning agenda.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Clark: Maybe... No, we can't handle it now, ma'am. It's against the law.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Clark: Well, we appreciate it, but it's passed, ma'am. It's been...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Clark: Well, we appreciate your confidence in us. All right. Now, let's go to PZ-22.
What do we want to do here?
Ms. Slazyk: The Department is recommending approval with conditions. First of all, the
properties are subject to unity of title for the adjacent lot, because they have adjoining access for
the two lots. This application is for the purpose of providing a total of six dwelling units on two
oversized duplex lots, which they're allowed to apply for by special exception. The Department
is recommending approval with condition that a landscape plan with specifications depicting
landscape buffer around the property be submitted, subject to review and approval by the
Planning Division, and the plans, at the time they came in, did not show an appropriately
screened trash area or trash pickup plan. We'd like that before they obtain any building permits.
Vice Mayor Plummer: But if they do that, you then approve it?
Ms. Slazyk: Yeah. The property is well designed. It is, you know, the units...
Mayor Clark: How deep is the lot? It's a deep lot, isn't it?
Ms. Slazyk: They are two oversized duplex lots. They've over 7500...
Mayor Clark: Are there objectors present on this item? The public hearing is closed. Motion...
Mr. Rodriguez: Yes... No, sir. Just one second.
252 February 9, 1995
Vice Mayor Plummer: Mr. Mayor, here again, let's just... Let's clarify the record. You know,
in history, when we look back... You know, the history of this, it comes to us from the Planning,
Building and Zoning for denial. Now, you're telling me... We're on 22, right?
Mayor Clark: It says approve with conditions.
Vice Mayor Plummer: It says Planning, Building and Zoning, denial, recommendations.
Mr. Fernando Vergara: If I may clarify...
Vice Mayor Plummer: Planning Advisory Board, denial. Now, you know, you're going to...
You're telling me now under...
Mayor Clark: What item are you on?
Ms. Slazyk: This is for 820
Vice Mayor Plummer: Are we on PZ-22?
Mr. Rodriguez: PZ-22. You are using the wrong agenda, for some reason. I don't know... I
don't know what you're using. I gave you a good agenda, and you're using an old agenda.
Vice Mayor Plummer: Excuse me. This is the agenda, sir, you sent me...
Mayor Clark: Please, please, let's get back in step here. Are you an objector, sir?
Mr. Vergara: Yeah.
Mayor Clark: Let's hear your objection.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
SERGIO RODRIGUEZ.)
Mr. Vergara: YO REPRESENTO VARIOS VECINOS DEL AREA.
Vice Mayor Plummer: Mr. Mayor, excuse me. I am about to invoke the rule on the entire
agenda. Now, I want to know why, when you send me an agenda to study, which I put in my
time to do, and you tell me that the agenda which you sent me is not the proper agenda, why?
Mr. Rodriguez: Sir, I cannot explain why you're using the wrong agenda, but...
Vice Mayor Plummer: Sir, I am using the agenda which this City of Miami sent to me, and I
want to know why. Is that not the logo that you sent me?
Mr. Rodriguez: Let me read it.
Vice Mayor Plummer: Why am I on a different item than you are?
253 February 9, 1995
Mayor Clark: Well, sometimes you're ahead.
Vice Mayor Plummer: Something is radically wrong. Now, I didn't pull this out of the thin air,
and I didn't manufacture it.
Mr. Rodriguez: If I may, on the record, you're reading the agenda of January 26, and we are
today on February 9th.
Vice Mayor Plummer: I stand corrected.
Mayor Clark: All right. Let's hear your objection, sir.
Vice Mayor Plummer: I stand... If I'm wrong, I'll admit it. That's better than a lot of people
around here.
Mayor Clark: Sir, let's hear your objection.
Mr. Vergara: Objection.
Mayor Clark: You object. Tell us why.
Vice Mayor Plummer: OK. Excuse me. Mr. Mayor, just so I may... I wasn't totally wrong.
The meeting of January 26th was deferred, and that was the only agenda I had to work on, and
that's why I was screwed up.
Mayor Clark: Stay out of Costa Rica. Give me your objection.
Mr. Rodriguez: Sir, the objector doesn't speak English, so he would like me to translate.
Mayor Clark: All right. Have him tell us why.
Mr. Vergara: BUENO. YO REPRESENTO A VARIOS VECINOS DEL AREA.
Mr. Rodriguez: SU NOMBRE.
Mr. Vergara: QUE NO PUDIERON VENIR POR...
Mr. Rodriguez: SU NOMBRE.
Mr. Vergara: FERNANDO VERGARA. NO PUDIERON VENIR POR EL HORARIO, PERO
RECOMENDAMOS QUE SE MANTENGA EL ACTUAL R-2. MUCHAS GRACIAS.
Translation: I represent several owners of the area. His name is Fernando Vergara. They
couldn't come here because of the time in which this item was scheduled, but we recommend
that we keep the existing R-2 zoning, which is a duplex. Thank you.
Mayor Clark: All right. Thank you, sir. Any further testimony by objectors? Hearing none, I'll
close the public hearing. What's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I think it would be important to explain to the gentleman that this is to be
maintained as an R-2. That's my understanding.
254 February 9, 1995
Mayor Clark: Well, tell him "EN ESPANOL."
Mr. Rodriguez: Right.
Vice Mayor Plummer: Wait a minute, wait a minute. What are you saying?
Mr. Rodriguez: We explained, yeah.
Commissioner Gort: He's objecting to the change of zoning because he thinks it's going to be
converted to something else. This will be an existing, and would maintain itself as an R-2.
Vice Mayor Plummer: No. It's going to go to an R-3; am I right?
Ms. Slazyk: No.
Commissioner Gort: No.
Mr. Rodriguez: This will stay R-2. It will allow three units instead of two, because we have a
special oversized lot.
Vice Mayor Plummer: You know, I guess I'm losing my mind. You know, let me read to you
from what I'm reading.
Mayor Clark: Now we have a reason.
Vice Mayor Plummer: "From R-2 two-family residential to R-3 multifamily medium density."
Now...
Mr. Rodriguez: What item are you reading, sir, from?
Vice Mayor Plummer: Sir, I'm reading item 21. Is that what we're on?
Mr. Rodriguez: We're on 22.
Commissioner Gort: Twenty-two.
Mayor Clark: Mr. Plummer, why don't you go to the restroom?
Commissioner Gort: Go take a break.
Mayor Clark: All right. Fine.
Vice Mayor Plummer: How many agendas can we have?
Mr. Rodriguez: Sir, we continued 20 and 21 already.
Vice Mayor Plummer: Damn! You know, I'm a damn fool for doing homework around here, I
mean.
Mayor Clark: On this item, the public hearing is closed. Is there a motion to approve this? I'll
move it. Is there a second? It's been recommended by all three boards.
Vice Mayor Plummer: Second it.
255 February 9, 1995
Mayor Clark: All in favo. the motion, signify by saying "aye.°
Vice Mayor Plummer: Aye.
Mayor Clark: Opposed, like sign. So ordered.
Commissioner Gort: Unfortunately, no, I have to say nay. I got to be standard. I voted against
it before.
Mayor Clark: It's been approved.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-135
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A
SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-
2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000
SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEE OF LOT AREA, FOR A PROJECT CONTAINING TWO (2) STRUCTURES WITH A TOTAL OF
THREE (3) UNITS, AND A LOT SIZE OF 7,500 SQUARE FEET FOR THE PROPERTY LOCATED AT 827,
827-1/2 AND 831 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN) (THE "PROPERTY'), ZONED R-2 TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT
TO THE FOLLOWING CONDITIONS: (1) A UNITY OF TITLE SHALL BE EXECUTED AND RECORDED IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ENCUMBERING THE PROPERTY AND THE
ADJACENT LOT LOCATED AT 821, 823 AND 825 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA; (2)
APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF
ANY BUILDING PERMITS OF (A) A LANDSCAPE PLAN WHICH SHALL INCLUDE A LANDSCAPE
BUFFER; (B) A PLAN SHOWING AN APPROXIMATELY SCREENED TRASH AREA OR TRASH PICK-UP
LOCATION ON THE PROPERTY; (3) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Item number 20...
Commissioner De Yurre: On, I believe, 20 and 20... I need to double check on this. Is this...
because there's an item that... that a lot of people are coming in at seven o'clock for. I don't
know if it's this one or not.
256 February 9, 1995
Mayor Clark: I have nothing scheduled for seven o'clock. I have the meeting's going to start at
three o'clock, and that was it.
Commissioner De Yurre: Well, that's fine. Just putting it on the record.
Vice Mayor Plummer: Is 22 and 23 together, Mr. Mayor?
Mr. Rodriguez: Yes, sir, 22 and 23 are companion items.
Vice Mayor Plummer: OK.
Mayor Clark: Both approval with conditions. I guess we have the same objection of this
gentleman who's back here. All right. If it's no further testimony and objection...
Vice Mayor Plummer: Are you moving 23, Mr. Mayor?
Mayor Clark: If not, somebody else can. It's all right with me.
Vice Mayor Plummer: I'll second it.
Mayor Clark: All right.
Mr. Joel Maxwell (Assistant City Attorney): This is a resolution reversing the decision of the
Zoning Board, and granting a special exception with conditions.
Mayor Clark: All right.
Vice Mayor Plummer: Predicated... My motion is predicated on the Zoning Department
recommending now that the condition has been imposed.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: So be it.
Mr. Rodriguez: Right.
Commissioner Dawkins: Call the roll, Madam Clerk.
THEREUPON, ON MOTION DULY MADE BY MAYOR
CLARK AND SECONDED BY VICE MAYOR PLUMMER,
ITEM PZ-23 PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
Mayor Clark: All right. Item number - what? - 20...
257 February 9, 1995
Vice Mayor Plummer: Twenty -tour, I guess.
i
Ms. Slazyk: PZ-24.
Mayor Clark: Twenty -tour.
Ms. Slazyk: PZ-23...
Mr. Maxwell: No, 23, 23.
Mr. Rodriguez: Twenty-three. It's a companion.
Mr. Maxwell: Twenty-three.
Mayor Clark: We just got through 23. We just got 23.
Ms. Matty Hirai (City Clerk): Yes, that was... That was 23.
Mayor Clark: Wait a minute. Let's have some attention here now, please, everyone.
Vice Mayor Plummer: We're voting on...
Mayor Clark: Ma'am, what is your problem? Well, listen, we got a meeting going on up here,
too. Victor, what's the problem for the lady?
Vice Mayor Plummer: We didn't vote on 23, is that the problem? You need to call the roll on
23, I'm told.
Ms. Hirai: It was continued.
Mayor Clark: Sir? What?
Vice Mayor Plummer: Call the roll on 23.
Mayor Clark: We just called the roll.
Vice Mayor Plummer: Well, they're saying you didn't.
Mr. Maxwell: Twenty-two.
Mayor Clark: Call the roll again.
Ms. Hirai: Roll call again on PZ-23.
Vice Mayor Plummer: On 23.
258 February 9, 1995
THEREUPON, ON MOTION DULY MADE BY MAYOR
CLARK AND SECONDED BY VICE MAYOR PLUMMER,
ITEM PZ-23 FAILED BY THE FOLLOWING VOTE:
AYES: Vice Mayor J.L. Plummer, Jr
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner Wifredo Gort
Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: This is the one where you're going from R-2 and allowing three units?
Ms. Slazyk: Yes, with special...
Mr. Rodriguez: Right. It's the same zoning, it's just that it will allow three units.
Commissioner Dawkins: No.
Mayor Clark: What the count is... God, Almighty, I can't believe this. The count is five to five,
third inning.
COMMENTS MADE AFTER ROLL CALL:
Ms. Hirai: The issue is defeated, Mr. Mayor.
Mayor Clark: The issue fails?
Ms. Hirai: Yes. Commissioners Gort, Dawkins and De Yurre vote no...
Vice Mayor Plummer: Voted against?
Ms. Hirai: ... on PZ-23.
Mayor Clark: You voted no? You voted yes the last time I called the roll. I don't know why
they vote no now.
Vice Mayor Plummer: You voted yes on 22, but you voted no on 23.
Commissioner Dawkins: You call the roll again and I change my mind.
Mayor Clark: Well, you changed your mind.
Commissioner Dawkins: Yeah. You called it again, I changed my mind.
Ms. Hirai: They are companion items.
Commissioner De Yurre: Then I change... The thing is, I've had this lady and I was talking to
her. I'm trying to understand what's going on.
259 February 9, 1995
Ms. Hirai: Yes. He's changing his vote. 5o you vote yes?
Vice Mayor Plummer: I think... I think we're entering the fuzzy area.
Commissioner De Yurre: Yes. I change. I'll go back to yes.
Mayor Clark: OK.
Ms. Hirai: Vice Mayor Plummer.
Vice Mayor Plummer: What am I voting on?
Mayor Clark: What did the lady want?
Mr. Maxwell: This is also a motion reversing the decision of the Zoning Board and granting a
special exception.
Vice Mayor Plummer: I just voted on that.
Mayor Clark: We just voted on that. Call the roll.
Mr. Maxwell: No. They... They are companions, but the similar word... You need a separate
vote.
Mayor Clark: Well, listen, listen here. If you'd listen up, not too much talking, you'll find out
what's going on. Call the roll.
Ms. Hirai: Excuse me, Mr. Mayor. On PZ-23?
Mayor Clark: On his...
Ms. Hirai: On PZ-23 again. Is that the one you want?
Mayor Clark: I don't know what the Attorney is talking about now.
Ms. Hirai: Mr. City Attorney, what...
Commissioner Dawkins: Go ahead, Mr. City Attorney.
Mr. Maxwell: Commissioner Plummer had asked what were you voting on. He needed to know,
and I'm saying, this is... For the record, so it's clear - there's confusion - this is a motion
reversing... I mean a resolution reversing the decision of the Zoning Board and granting the
special exception here.
Ms. Hirai: Yes.
Mr. Maxwell: That's the motion on the floor...
Vice Mayor Plummer: Otherwise known on the February 9th agenda as item 23.
Ms. Hirai: Companion to PZ-22.
260 February 9, 1995
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-136
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATION, R-2 TWO
FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH
MORE THAN 5,000 SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL
DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA,
FOR A PROJECT CONTAINING TWO (2) STRUCTURES WITH A TOTAL OF
THREE UNITS AND A LOT SIZE OF 7,500 SQUARE FEET, FOR THE PROPERTY
LOCATED AT 821,823 AND 825 NORTHWEST 33RD AVENUE, MIAMI FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) ("THE PROPERTY'), ZONED R-2
TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE
FOLLOWING CONDITIONS: (1) A UNITY OF TITLE SHALL BE EXECUTED
AND RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
ENCUMBERING THE PROPERTY AND THE ADJACENT LOT LOCATED AT 827,
827 1/2 AND 831 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA; (2)
APPROVAL BY THE PLANNING DIVISION OF THE PLANNING, BUILDING AND
ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF (a) A LANDSCAPE PLAN
WHICH SHALL INCLUDE A LANDSCAPE BUFFER AND (b) A PLAN SHOWING
AN APPROXIMATELY SCREENED TRASH AREA OR TRASH PICK-UP
LOCATION ON THE PROPERTY; AND (3) A TIME LIMITATION OF TWELVE
(12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
Commissioner Wifredo Gort
ABSENT: None.
261 February 9, 1995
----------------------------------------------------------------------------------------------------------------
75. GRANT SPECIAL EXCEPTION TO ALLOW INCREASE IN EXISTING
COMMUNITY -BASED RESIDENTIAL FACILITY FROM 37 TO 45
RESIDENTS, SUBJECT TO A REDUCTION OF ELEVEN OFF-STREET
PARKING SPACES, AT 2100-2110 N.W. 28 STREET (ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL). (Applicant: Catalina
Calderon.)
Mayor Clark: Item 24.
Ms. Lourdes Slazyk: PZ-24 is a request to expand an existing adult congregate living facility
from 37 clients... The original request was to expand to 72. This went to the Zoning Board. It
was denied. The Planning, Building and Zoning Department also recommended denial for 72,
finding that that was overcrowded, and the parking would create an adverse effect in the area. It
couldn't accommodate it.
Vice Mayor Plummer: Is this the old Live Oaks? Is this the one we went through a tremendous
thing with...
Mr. Sergio Rodriguez (Assistant City Manager): No.
Ms. Slazyk: No.
Vice Mayor Plummer: ... on the landscaping and the parking?
Mr. Rodriguez: No, sir.
Vice Mayor Plummer: OK.
Ms. Slazyk: No, this is a different...
Vice Mayor Plummer: OK.
Ms. Slazyk: Since that time, the applicant has submitted a letter amending her request from 72
to 55. The Department reviewed the plans, and we recommend no more than a capacity of 45
clients could be accommodated sufficiently on this site.
Mayor Clark: A total of 45?
Mr. Rodriguez: Total of 45.
Ms. Slazyk: We're recommending approval for 45. And I...
Mayor Clark: Is that your request today? Give us your name and address.
Ms. Catalina Calderon: Excuse me, sir?
Mayor Clark: Your name and address.
Ms. Calderon: Catalina Calderon, 2825 Southwest 129th Avenue, Miami.
262 February 9, 1995
Mayor Clark: Do you operate this?
Ms. Calderon: Yes, sir.
Mayor Clark: Is this gentleman with you here?
Ms. Calderon: Yeah.
Mr. Gerardo Salman: I am her architect, Gerardo Salman, 901 Ponce de Leon.
Mayor. Clark: You now agree with 45 clients?
Ms. Calderon: Yes, sir.
Mayor Clark: Any objection to that? Any objectors present on that item recommended by the
Department?
Vice Mayor Plummer: Does the Department recommend the 45?
Mr. Rodriguez: Recommend the 45, yes.
Ms. Slazyk: Right. And I've spoken to the applicant before the hearing, and I believe they're in
agreement to 45.
Mayor Clark: The public hearing...
Vice Mayor Plummer: OK. So in other words, under our present policy of no new ones in the
City of Miami, this is just an expansion, so that doesn't come under that policy; is that correct?
Commissioner Gort: Yeah, but you added...
Ms. Slazyk: This one is already there, and it's operating with 37.
Vice Mayor Plummer: I hear you.
Mayor Clark: The public hearing is closed. What's the pleasure of the Commission? Is there a
motion?
Vice Mayor Plummer: I'll move it, Mr. Mayor.
Mayor Clark: Is there a second? Is there a second? God, everybody runs around here...
Vice Mayor Plummer: And let the record reflect that I'm doing it because the Department has
recommended it.
Mayor Clark: That's right.
Vice Mayor Plummer: I'm not necessarily happy with it, but they're recommending it, it's
needed, I'll move the thing.
Mayor Clark: Is there a second?
Vice Mayor Plummer: If there's no second, I withdraw my motion.
263 February 9, 1995
Mayor Clark: I'll second the motion. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-137
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
THEREBY GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, TO ALLOW AN INCREASE IN AN EXISTING COMMUNITY -
BASE RESIDENTIAL FACILITY FROM 37 RESIDENTS TO 45 RESIDENTS,
SUBJECT TO A REDUCTION OF ELEVEN OFF STREET PARKING SPACES [18
OFF STREET PARKING SPACES REQUIRED PER ARTICLE 9, SECTION
934.2.2.5], PER PLANS ON FILE, FOR THE PROPERTY LOCATED AT 2100-2110
NORTHWEST 28TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, SUBJECT TO A TIME LIMITATION OF 12 MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(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 Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: No. I'll have to vote no. We made a commitment. I think we're
overcrowded with all these types of facilities in Allapattah. For that reason, I have to vote no.
COMMENTS MADE AFTER ROLL CALL:
Ms. Matty Hirai (City Clerk): Three to two.
Mayor Clark: Three to two, it's been approved, three to two. Forty-five units. Thank you all.
264 February 9, 1995
----------------------------------------------------------------------------------------------------------------
76. (A) APPROVE MAJOR USE SPECIAL PERMIT, WITH CONDITIONS,
FOR THE CHATEAU MERITAGE PLANNED UNIT
DEVELOPMENT CONDOMINIUM PROJECT TO BE LOCATED AT
2475 BRICKELL AVENUE. (Applicant: Chateau Meritage Ltd.)
(B) APPROVE MAJOR USE SPECIAL PERMIT, WITH CONDITIONS,
FOR AN INCREASED DEVELOPMENT BONUS OF FIVE
PERCENT (5%) FOR THE CHATEAU MERITAGE PLANNED UNIT
DEVELOPMENT CONDOMINIUM PROJECT TO BE LOCATED AT
2475 BRICKELL AVENUE. (Applicant: Chateau Meritage Ltd.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 26.
Ms. Lourdes Slazyk: Twenty-five.
Mayor Clark: Twenty-five. All right, 25. That sounds like a good number.
Ms. Slazyk: PZs 25 and 26 are requests for major use special permits for the Chateau Meritage
Project to be located at 2475 Brickell Avenue. The project consists of a 168-unit condominium
structure with 353 parking spaces. The project conforms to the requirements of the R-4 Zoning
District as contained in the ordinance, and requires no variances or changes of land use in
zoning. The major use special permit on PZ-25 is to designate the project as a planned unit
development, which allows them an increase in floor/area ratio of 20 percent. PZ-26 is a major
use special permit in order to obtain another five percent increase in F.A.R. (floor/area ratio) by
contributing $60,136.72 into the City's Affordable Housing Trust Fund.
Mayor Clark: That's good.
Ms. Slazyk: The project is recommended for approval by the Planning Advisory Board and the
Planning, Building and Zoning Department recommends approval, subject to a series of
conditions which are in your package. I don't know if you want me to read them into the record.
Vice Mayor Plummer: Tell me again on the parking. How many are they providing, and what is
required?
Ms. Slazyk: They're providing 353, which is 40 spaces over what was required, based on a
preliminary recommendation from the Department. The original proposal had one parking space
for each of the one -bedroom units, and two for each of the two -bedroom units.
Vice Mayor Plummer: OK.
Ms. Slazyk: We felt that because of the size of the units, that one was not sufficient for the one -
bedroom units. They were most likely going to be couples with two cars, and that would cause a
parking problem in the area for visitors, so they upped it.
Vice Mayor Plummer: How many spaces are designated for guest parking only?
Ms. Slazyk: OK. I'll have to...
Mayor Clark: Six.
265 February 9, 1995
Commissioner Dawkins: Two and a half.
Vice Mayor Plummer: Two and a halt?
Ms. Lucia Dougherty: We have 17.
Vice Mayor Plummer: Seventeen? That's part of the record, right?
Ms. Dougherty: Yes, sir.
Vice Mayor Plummer: Now, my other problem that I have, especially in that area, is it mandated
and mandatory that if you buy a unit, you must buy a parking space? Let me tell you what's
happened, just so I'm not playing games with anybody. People over on 25th Road have bought
condominiums, and did not buy parking spaces, and are parking on the street. They don't have
to buy them. And I can show you that there are many parking spaces in that parking garage that
are not being used, were not sold, and for that reason, we now have a congested area on 25th
Road. My question is, is it mandatory that when you buy the condominium that you also have
the parking space?
Ms. Dougherty: We will offer as a condition that every unit that has one unit or one bedroom
will have to have one unit - excuse me - one parking space. Every two -bedroom will have two,
and every three -bedroom will have two assigned to it automatically. That's fine.
Vice Mayor Plummer: That's fine.
Mayor Clark: That's in the conditions.
Ms. Dougherty: Yes, sir.
Ms. Slazyk: I need to make one other amendment to conditions that are in the major use permit.
A number of the conditions in the development order attached to the resolution requires them to
do certain things within six months of the approval of this permit. Some of those things are...
The major use permit goes for two years before it dies. What we'd like to do is change those
conditions to say instead of within six months, that they must do it prior to the issuance of a
building... any building permit, except for sign permits, because they're going to have their
constructions signs up before they actually pull their building permits...
Vice Mayor Plummer: Was there something that...
Ms. Slazyk: ... but before they can pull a foundation permit, they'll need to record covenants and
all the other things that are required.
Mayor Clark: You disagree with that?
Vice Mayor Plummer: Was there going to be some other volunteer...
Ms. Dougherty: Yes, sir.
Vice Mayor Plummer: Oh,
Ms. Slazyk: Yeah. I'll let the applicant make their presentation.
Commissioner Dawkins: Mr.... Before you go, please, Mr. Rodriguez.
266 February 9, 1995
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Commissioner Dawkins: How many times has this project been before us?
Mr. Rodriguez: I believe this is the first time, right?
Commissioner Dawkins: No, sir.
Vice Mayor Plummer: Yeah.
Mr. Rodriguez: This is the first time.
Vice Mayor Plummer: Yeah.
Ms. Dougherty: This is the first time, sir.
Mayor Clark: First time.
Commissioner Dawkins: Well, what is the other one that you're putting over there that we gave
all of the...
Ms. Slazyk: Santa Maria.
Commissioner Dawkins: Santa Maria? Where is the Santa Maria?
Mr. Rodriguez: Santa Maria is further to the north, about...
Vice Mayor Plummer: Four or five blocks down.
Mr. Rodriguez: ... several blocks, yeah.
Vice Mayor Plummer: That's Ferre's old home, the Santa Maria. That's the one that they say is
going to be the tallest condo in the State of Florida.
Mayor Clark: OK. No problem. Ms. Dougherty?
Ms. Dougherty: Yes, sir. Chateau Meritage would like to make a voluntary contribution to the
City of Miami in the amount of $10,000, to be paid at the time that the building permit for the
structure is pulled and... by the City. And then Meritage would also like to pay an additional
$50,000 to the City, in the event that the neighborhood nor Meritage does not obtain a permit or
approval for the guardhouse that they propose on Southeast 25th Road within six months after
the issuance of the building permit for the main structure.
Commissioner Dawkins: Will that money go to... What would it be designated to?
Vice Mayor Plummer: To us, to the City.
Commissioner Dawkins: To the City?
Mayor Clark: She said housing.
Commissioner Dawkins: To housing or to...
267 February 9, 1995
Ms. Dougherty: To the Affordable Housing Trust Fund.
Commissioner Dawkins: ... to the Parks and Recreation?
Mr. Joel Maxwell (Assistant City Attorney): That would probably go into the Profit Trust Fund.
Vice Mayor Plummer: It would come into that special fund which we have, and then this
Commission will decide.
Mr. Rodriguez: Development Trust.
Mayor Clark: It goes to the retirement fund of the garbage workers.
Vice Mayor Plummer: That's fine. In other words, if they don't get a permit or they don't build
a guardhouse for the Roads Section, then that 50,000 will come to the City's special fund for the
purposes of recreational, usually, and landscaping.
Ms. Dougherty: Yes, sir.
Vice Mayor Plummer: I move it.
Mayor Clark: All right. Wait a minute. Do we have object...
Vice Mayor Plummer: Is there anyone here in objection?
Mayor Clark: Wait, wait.
Ms. Dougherty: This, of course, is conditioned upon us actually taking advantage of the major
use special permit.
Mayor Clark: And the other conditions. Do we have objectors present? The public hearing is
closed.
Vice Mayor Plummer: I move it.
Mayor Clark: By Mr. Plummer. Seconded by Mr. Gort.
Vice Mayor Plummer: That's 25 first.
Mayor Clark: Call the roll.
268 February 9, 1995
N
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-138
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A MAJOR USE SPECIAL
PERMIT, WITH CONDITIONS, FOR THE CHATEAU MERITAGE PLANNED UNIT
DEVELOPMENT CONDOMINIUM PROJECT TO BE LOCATED AT
APPROXIMATELY 2475 BRICKELL AVENUE; MAKING FINDINGS; PROVIDING
FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Clark: Item 20...
Vice Mayor Plummer: Is there anybody to speak on 26? Let the record reflect no one: I move
it.
Mayor Clark: Anyone present on item 26 who wants to add something?
Commissioner Gort: Second.
Mayor Clark: All right. What's the pleasure of the Commission?
Vice Mayor Plummer: I moved it.
Mayor Clark: By Mr. Plummer. Seconded by Mr. Gort. Call the roll, Madam Clerk.
269 February 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-139
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A MAJOR USE SPECIAL
PERMIT WITH CONDITIONS, FOR AN INCREASED DEVELOPMENT BONUS OF
FIVE PERCENT (5%) FOR THE CHATEAU MERITAGE PLANNED UNIT
DEVELOPMENT CONDOMINIUM PROJECT TO BE LOCATED AT
APPROXIMATELY 2475 BRICKELL AVENUE; MAKING FINDINGS; PROVIDING
BINDING EFFECT FOR THE DEVELOPMENT ORDER; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Clark: Thank you all.
----------------------------------------------------------------------------------------------------------------
77. GRANT APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING
BOARD -- DENY PERMIT TO ALLOW CAR WASH AT 7291 BISCAYNE
BOULEVARD (ZONED C-1 RESTRICTED COMMERCIAL SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT). (Applicant: Francisco
Saldana & Delia Varela. Appellant: Ulrich Michel.)
Mayor Clark: Item number 27.
Vice Mayor Plummer: Finally got to the car wash.
Mayor Clark: Boy, we've had a tough time with that thing, haven't we?
Mr. Roberto Lavernia: Item 27 is a special exception to allow a new car wash facility which
includes a beauty salon. This application also includes a request for approval of the required
class two special permit for the beauty salon use, and I request for approval of the required class
one special permit for parking into an alley. The recommendation of the Department is for
denial.
Mayor Clark: All right.
270 February 9, 1995
Vice Mayor Plummer: Can I ask a question?
Mayor Clark: Yes.
Vice Mayor Plummer: Sir, is this a car wash that's just a car wash, or is it incorporated in with a
filling station?
Mr. Sergio Rodriguez (Assistant City Manager): It's a car wash by itself, together with a beauty
salon.
Vice Mayor Plummer: With a beauty salon?
Mr. Rodriguez: Yes, sir. You do your nails while you do your car.
Vice Mayor Plummer: Boy, that's unique. Well, but I mean, let me ask you. I assume they've
given you a rendering, have they not? I mean, does... Look, we're trying to beautify Biscayne
Boulevard. Does it look like a car wash? I mean, if it does, the hell with it. I mean, you know,
come on.
Mr. Rodriguez: It looks like a car wash, it works like a car wash, and it is a car wash.
Vice Mayor Plummer: It must be a car wash. Thank you.
Mayor Clark: All right. Let this gentleman speak some.
Mr. Francisco Saldana: I'm the owner of the property, sir.
Mayor Clark: You own this car wash?
Mr. Saldana: Yes, sir.
Mayor Clark: Well...
Mr. Joel Maxwell (Assistant City Attorney): Name and address for the record, please.
Mr. Saldana: Francisco Saldana, 7820 Embassy Boulevard, Miramar, Florida.
Mayor Clark: You're not operating it now, are you?
Mr. Saldana: I haven't started yet.
Vice Mayor Plummer: Wait a minute. What's your last name, sir?
Mr. Saldana: Saldana.
Mayor Clark: Saldana.
Vice Mayor Plummer: Oh. OK.
Mayor Clark: And you just want to open up a car wash. OK. Let's hear what the objectors say.
Vice Mayor Plummer: For the record, Mr. Mayor, you should note that this is an appeal.
Mayor Clark: They...
271 February 9, 1995
Vice Mayor Plummer: Sir, you better tell us why you think we should allow it. I haven't heard
anything.
Commissioner Gort: We got to hear from the appellant first.
Vice Mayor Plummer: For what?
Mayor Clark: It's been turned down once by the Zoning Board, right?
Mr. Rodriguez: No. The appeal... The appeal is made by Mr. Ulrich Michel, right? And it is...
Because a special exception, in spite of the recommendation of denial from the Planning
Department, it was recommended for approval by the Zoning Board.
Vice Mayor Plummer: OK. Excuse me. If this man doesn't tell me why, I'm ready to move to
deny the permit. Now, I haven't heard anything why I should vote for it.
Mr. Saldana: Well, all I'm trying to do is open up a business. I don't know why it's been
denied. The place is dead. There's no business in the area. I bought the property, and I been
paying for...
Vice Mayor Plummer: Well, when you bought the property, sir, you knew that there were
certain things that you could do with it, and certain things that you couldn't, right?
Mr. Saldana: Well, I'm not that educated, sir.
Vice Mayor Plummer: OK. And how long ago did you buy the property?
Mr. Saldana: About a year and about three months.
Vice Mayor Plummer: Well, there's a lot of things... What's the zoning on that presently?
Mayor Clark: C-1.
Mr. Rodriguez: The zoning is C-1.
Vice Mayor Plummer: There's a lot of things that you can put on that property, sir, but I'm
presently not in the position to say a car wash.
Mr. Saldana: Well, they asked me everything... According to what they asked, I was willing to
do. But the rest of the board... how the water drain and everything, that's the way I'm doing it,
by the way they asked me.
Vice Mayor Plummer: I hear you, sir. I happen to disagree with you, but I hear you.
Mayor Clark: But you can't come in. Where's the objectors on this item?
Vice Mayor Plummer: Mr. Mayor, here, again, if he doesn't give me some reasons, I'm ready to
move for denial.
Mayor Clark: Move then, move, buddy, move.
Vice Mayor Plummer: I move that the Zoning Board decision be overruled, and the permit be
denied.
272 February 9, 1995
. '�) , �ZN�
Commissioner Gort: And the appeal be upheld. Second.
Mayor Clark: And the appeal be upheld. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-140
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD
THEREBY DENYING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT, SUBSECTION 609.5, CONDITIONAL PRINCIPAL USES, TO ALLOW A
CAR WASH FOR THE PROPERTY LOCATED AT 7291 BISCAYNE BOULEVARD,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) ZONED C-1
RESTRICTED COMMERCIAL SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT, PER PLANS ON FILE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Clark: Check the other uses there. You might find something other than a car wash that
you might be able to...
Vice Mayor Plummer: You can get the atlas, they'll give it to you. There's all kinds of things
you can put in a C-1, sir.
273 February 9, 1995
----------------------------------------------------------------------------------------------------------------
78. GRANT VARIANCE TO ALLOW REDUCTION OF SIDE YARD SETBACK
FOR PROPOSED ADDITION TO EXISTING CAR WASH ESTABLISHMENT
AT 3400 S. DIXIE HIGHWAY (ZONED C-1 RESTRICTED COMMERCIAL).
(Applicant / Appellant: James Confalone.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 28.
Vice Mayor Plummer: This is the other car wash.
Mayor Clark: Oh, I know about them. I know where it's at. Are these people still objecting to
this?
Vice Mayor Plummer: Mr. Mayor, I went by this place the other day, and I got to tell you,
where this is going to extend out is a total blank. If you had on this map what is to the north of
this, you're being unfair by showing a map, because when you go look at it, there's nothing to
the north of it... I mean there's a building to the north of it.
Ms. Lourdes Slazyk: Yeah. It still requires a setback, and they're only providing five feet.
Vice Mayor Plummer: Who is he blocking? He's not blocking the building next door.
Mayor Clark: Wait a minute, J.L.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: Where are the objectors we had last time?
Vice Mayor Plummer: They're over here.
Mayor Clark: You haven't been satisfied yet?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: Well, you might not be satisfied today, either.
Vice Mayor Plummer: I mean, if you go look at it, you stand there on Bird Road, and you look
what is to the right, and if they would put that on this map, to the right of it, blocking everything,
the view and everything, is another building.
Mayor Clark: Yeah, it is.
Ms. Slazyk: I believe the objectors' real problem here was the parking. The property currently
only has four spaces.
Mayor Clark: Has he arranged that?
Ms. Slazyk: They're shown in here.
Mayor Clark: Let's hear about that, because I know there was objection because of the parking.
274 February 9, 1995
Ms. Slazyk: In the pink, right.
Vice Mayor Plummer: You know, and I think that's a legitimate concern. The setback, I don't
agree with.
Ms. Slazyk: OK. Juan Gonzalez is here to explain what the parking situation is here, why
certain spaces are grandfathered, and that's why they only have four.
Mayor Clark: Let's find out about the parking. It seems... Was that your objection, the parking,
was it not?
Vice Mayor Plummer: Yeah, it was their major objection.
Mayor Clark: Let's hear from... What have you done about the parking, Mr. Roman? Identify
yourself. Identify yourself.
Mr. Herminio San Roman: My name is Herminio San Roman, with offices at 6161 Blue Lagoon
Drive in Miami. Basically, I believe Mr. Gonzalez was going to explain to you the confusion on
last... on the hearing before today. We are grandfathered in. We are, at this point in time,
supplying the parking space that is required for this expansion. The issue before you today is not
a parking variance. It's only the variance to permit... for us to expand into the setback areas five
feet. There is no issue with a parking situation before you today.
Vice Mayor Plummer: Sir, if you continue to pursue that train, you're going to lose. We
understand that fully. What we're saying is, we're listening to the concern of the neighbors of
what you can or can't do to provide employee parking. Now, we know you've got that, but let
me tell you something. All we got to say is no, you don't get the setback, and you're dead in the
water. Now, I would appreciate you speaking to the concerns of the neighbors. Is there any
additional parking that you can accumulate for some employee parking? And that's what we
want to hear.
Mr. San Roman: I understand, and that was going to be my next statement.
Vice Mayor Plummer: Now, other than the fact that you don't have an office in the City of
Miami, which we'll expect you to change that, go ahead, sir.
Mr. San Roman: First, I want to explain to you, Mr. Confalone owns the property which is
catty -corner from this property.
Vice Mayor Plummer: Yes, sir.
Mr. San Roman: We are voluntarily willing to provide
facilities for our employees when that property is properly
the City of Miami. However, the issue comes that the
restrictions or a covenant for us to submit to the City.
Vice Mayor Plummer: What's he talking about?
the parking facilities, extra parking
CO'd (Certified for Occupancy) by
objectors require a declaration of
Mr. San Roman: We're willing to do so. However, in order for it to be a valid covenant, it must
be joined in by the mortgagee, and the mortgagee refuses to join in, in that covenant. But we
voluntarily agree to let the cars park on the excess parking facilities.
Vice Mayor Plummer: Why is a covenant required? I don't understand that.
275 February 9, 1995
Mr. San Roman: It is...
Vice Mayor Plummer: Do you own the property?
Mr. San Roman: Yes, sir.
Mr. Rodriguez: The... I believe what he's saying, that the neighbors would like to have a
covenant to assure that he will be using that ether property that he owns in the area for parking.
Vice Mayor Plummer: No, no, no. We zone it, and we can take back a variance, that's all. And
that's...
Mayor Clark: If he violates that, you take back the variance.
Vice Mayor Plummer: So it can't be used for anything else.
Ms. Slazyk: You could put it on as a condition of the variance, but without a covenant, the
neighbors don't feel that it... there's assurances.
Mayor Clark: Well, I'll tell you...
Vice Mayor Plummer: Hey, let me tell you something.
Mayor Clark: You got to start believing people sometime.
Vice Mayor Plummer: The neighbors should be thankful we're trying to do something in a
variance we can enforce.
Mr. San Roman: Sir, and also, in the meanwhile, what we're doing, we're parking right now on
an alley right adjacent to our property while we CO at that parking facility.
Vice Mayor Plummer: Sir, you're talking to a man that uses that car wash, and I pay for it, not
with a credit card, and I'm telling you that right now...
Commissioner De Yurre: He uses cash.
Vice Mayor Plummer: I use cash, correct. I'm smarter than you. I'm saying to you, sir, that
there is a genuine need for additional parking. Now, Mr. City Manager.
Mr. Rodriguez: Sir?
Vice Mayor Plummer: Can we do this with a variance so that they will provide the additional
parking, through a variance?
Mr. Rodriguez: Well, my only concern with this is that it would be very difficult to enforce,
once they get the CO and start building. How... Are we going to stop them from using the
property afterwards?
Vice Mayor Plummer: If they don't use the property for parking, then we can take them and get
them tied to it, yes.
Mr. Rodriguez: And the only thing we can do at that time is go to the Code Enforcement Board
and tell them they are in violation.
276 February 9, 1995
l
1
Vice Mayor Plummer: Now that we got a hundred million dollars, we can get them.
Mr. Rodriguez: They will be in violation, but it will be very difficult to be enforced.
Mayor Clark: You can take them right to court, and I think Herminio knows what we can do.
Mr. San Roman: Yes, sir.
Vice Mayor Plummer: Look, if we don't do...
Mr. Joel Maxwell (Assistant City Attorney): The Code Enforcement Board...
Vice Mayor Plummer: Excuse me. If we don't do anything, the neighbors are not going to get
any additional parking. OK?
Mr. Rodriguez: Right.
Vice Mayor Plummer: So if we deny their application, the neighbors are no better off.
Mr. Rodriguez: Right.
Vice Mayor Plummer: This way, if we approve their application, the neighbors have got the
possibility of some potential relief. OK? Now, that's the way I'm looking at it. You tell me if
I'm wrong here.
Mr. Rodriguez: Well, the way to handle that would be to, I guess, put a condition on the
variance that parking for the employees will be provided by the applicant outside his property,
the present property, which is the subject of this.
Vice Mayor Plummer: That's fine. That's fine.
Mr. Rodriguez: And then the only way that we can go after him would be by going to the Code
Enforcement Board. But I want to make sure you understand that.
Mayor Clark: You understand that, now.
Vice Mayor Plummer: Better than that, we'll cut his water off.
Mayor Clark: Herminio, you understand what the consequences are.
Mr. San Roman: Yes, sir, but also, I want to explain to the Commission that we cannot park in
there until that property is properly CO'd by the City for commercial purposes.
Vice Mayor Plummer: You'd better not, or we'll get you.
Mr. San Roman: We cannot park in there right now.
Mr. Rodriguez: So at that point, if you want to further condition this, is that the applicant will
agree to request a CO by a certain period of time.
Vice Mayor Plummer: Sure.
Mr. Rodriguez: Ninety days.
277 February 9, 1995
Mayor Clark: All right. Let's hear from the objectors.
Vice Mayor Plummer: Well, apply, yes. But must be within the... within a period of six months.
I mean, you got to get a contractor in there..
Mr. Rodriguez: OK, right.
Vice Mayor Plummer: ... you got to put lighting, you got to put all the rest of that in.
Mayor Clark: Let's hear what the objectors have to say. Are you satisfied with that?
Ms. Joyce Nelson: I'm not quite sure.
Mayor Clark: What do you need now, an axe or a shovel?
Ms. Nelson: I guess we were disappointed that, you know, they never came to us and presented
any more alternatives, that you guys had to come up with one, and now, I don't know if this is
going to be sufficient for every one of the neighbors or not. You know, the Code Enforcement
Board seems to work in a very slow manner. Are we going to have continual problems like
we've had in the past with this person?
Commissioner Gort: That's being changed.
Ms. Nelson: Yeah, I've heard that, and that would be wonderful. I heard that today.
Ms. Nelson: I'm relying, of course, on your expertise in that area. And if there's a different
alternative, I don't know. I really don't. It is a problem.
Mayor Clark: You'll be the first one back here to tell us if he's doing wrong again. Don't fail to
do it.
Mr. San Roman: Mayor Clark, Mayor Clark, also, for the record, we will not be able to CO the
property in 90 days, because we have to build on that property.
Vice Mayor Plummer: Sir, what he said was, you will pull a permit to start the process within 90
days.
Mayor Clark: OK. All right?
Vice Mayor Plummer: You want to be a winner or a loser?
Mayor Clark: You can hold or you can fold.
Mr. San Roman: If my client is... Give your statement to the Commission.
Mr. James Confalone: Yes. I'm James Confalone. I was just saying we could put the cars in
there right now, if you people would approve it, and we'd have them right inside a walled
parking lot, all paved and landscaped.
Vice Mayor Plummer: We can't do that, sir.
Mr. Confalone: The only thing is, we can't have a... We're permitting for the oil change across
the street right now, which we are not sure when that permit will be coming and...
278 February 9, 1995
Vice Mayor Plummer: We're talking about the parking lot.
Mr. Confalone: Yes, the parking lot, we can use, because it's already paved and everything.
Vice Mayor Plummer: But we're saying that you shall pull a permit to make it legal within 90
days.
Mr. Confalone: Sure. OK.
Vice Mayor Plummer: What's the problem?
Mr. Confalone: Well, it's another business, and another completely different piece of property.
It's called The Oil Change. It's got nothing to do with the car wash. If we can go to the City - I
i don't know what the process is - and say, "We want to use that parking lot for the, you know, as
a temporary basis.
Commissioner Dawkins: Two different companies own the property, or is it one company?
Mr. Confalone: Yes, two different owners. I mean, the same owner, but two different... It's two
different mortgages. It's entirely two different properties.
Mr. Rodriguez: If they are willing to do it, and they are willing to go and get a CO for parking...
j Mr. Confalone: We'll do it right now.
Mr. Rodriguez: ... and if they meet the requirements, we can approve it.
Mayor Clark: OK. Let's hear from this gentleman here.
Mr. Howard Weisberg: Well, my main question is, the lot... How is the lot in question zoned
right now?
Mr. Rodriguez: My understanding...
Mr. Confalone: Commercial.
Mr. Rodriguez: ... is that it's commercial. Right?
Mr. Confalone: Oh, yes.
Vice Mayor Plummer: Well, if he can put an Oil Change on it, I guess he can park on it.
Mr. Rodriguez: The only concern that you should have is, this is in two different ownerships.
Even when this is the same owner, there are two different corporations, I understand. Right?
That's what you were saying?
Mr. Confalone: Yes, yes.
Mr. Rodriguez: So what happens if one of the corporations at one point refuses to honor that?
Vice Mayor Plummer: Well, excuse me. What you've got to do...
Mayor Clark: Go to arbitration. Call in the president.
279 February 9, 1995
Vice Mayor Plummer: You've got to take and have a designated number that he is going to
allocate for the car wash. OK?
Mr. Confalone: Yes.
Vice Mayor Plummer: And if he violates that, is when you get to go after him, to go to the Code
Enforcement,
Mr. Confalone: See, the only problem is if we ever sell that other property, because it may not
work as The Oil Change.
Commissioner Gort: You got a problem.
Mr. Confalone: We never know what a business is going to do.
Vice Mayor Plummer: You got a problem.
Commissioner Gort: You got a problem.
Vice Mayor Plummer: You got a problem.
Mr. Confalone: Because we're going to have a huge investment in there. It's about a
$3,000,000 investment. So I can't get myself...
Mayor Clark: You may have to sell the present property, too, if you do that, sell out.
Mr. Rodriguez: So if I can summarize what I think you are saying, Commissioner and Mr.
Mayor, they will be in agreement to have, as part of the variance, to commit to having parking
for 30 employees in another property that they own at present, which is C-1, which is close to
this property, and that they were willing to get a permit within the next 90 days, to apply for a
permit, and it will be operational before six months.
Mayor Clark: That's what you said. Right? Are you hearing this?
Mr. Confalone: Excuse me. I am sorry.
Mr. Rodriguez: Let me go again, to see if I can summarize what I think happened here. As part
of the variance, there will be a condition that you will provide parking for 30 employees in a
property that is owned by you, which is also commercial, within the immediate vicinity, and that
you will pull a permit... a CO within the next 90 days, and that it will be operational within six
months, for parking for 30 of your employees.
Mr. Confalone: Yes, sir, I understand that. Could I just ask a question? I'm not sure of the
legality of it. In the event that we sell that property, I cannot take a chance... I'm sorry, I'd love
to be able to accommodate everybody, and I have tried by putting... There hasn't been a car in
the street in six months, and there's no problem with that. We have that alley we've been using,
but if I sell that property, because it doesn't work, I cannot drag the other business down by
being in violation. I mean, I just cannot do it. Those are two... If I never owned that property
next door...
Commissioner Dawkins: So therefore, everything is...
Mr. Confalone: ... what would have happened today?
280 February 9, 1995
Commissioner Dawkins: So everything is moot. Because if you're telling me that you cannot
comply with the dictates of the Zoning Board, because you want to improve your business, and
you want to park temporarily on some land that you know you're going to - no, I'll take that
back - that you assume you're going to sell, and once you sell that land and you've made the new
improvements, you got no place for those people to park. So there is no sense in us discussing
nothing, I don't think.
Mr. Confalone: I understand. I understand a hundred percent.
Vice Mayor Plummer: Can I ask this question? I mean... And I know that there's cars there,
employee parking. But I also know that a lot of the people that work in that place walk from the
surrounding area. I mean, there's... that's obvious. You drive down the street, you see purple
shirts everywhere. Do you really need 30 more parking spaces?
Mr. Confalone: No, sir.
Vice Mayor Plummer: I don't think that's the case.
Mr. Confalone: We have...
Vice Mayor Plummer: I've never seen 30 guys there working.
Mr. Confalone: Well, on the weekends, we rent the parking lot next door from Con Carlin
(phonetic). We... That's our busiest time. And we... We have a lot of employees from Coral
Gables High School. They're young people, and the neighborhood, the entire neighborhood.
We hire right... local. We don't hire anybody comes from a distance, and they come running
over there when we need them. But we don't want to have problems with the neighbors. We...
Believe me, we're... Every neighbor in the neighborhood, immediate neighborhood, not these
people here, they signed a letter saying that they have no problems with us with parking, and no
problems at all, and it's in the record. We left it here last time we were here. We have not had a
problem with people in the neighborhood.
Mayor Clark: What's the pleasure of the Commission? We've heard both sides.
Vice Mayor Plummer: Well, Mr. Mayor, I'm trying every way I can to help these people. I'm
looking at 30 jobs in the neighborhood, it's a going business in this neighborhood, and I don't
know how to do and to appease this situation. You know, I would just, I guess, is to do the best
we can, and that is to ask him, please, to put in the additional parking, and we'll just have to roll
the dice. I don't know what else to do.
Mayor Clark: Do you have anything further to say?
Mr. Weisberg: Yeah. For one thing, I... You know, the parking is an eyesore in the
neighborhood. There are people who live there. It's a valuable neighborhood. We respect it.
And the parking is so bad there. I don't know if you've ever stopped in front of Mr. Confalone's
parking lot, but if you stop there for two minutes, people come out and chase you away, if you
stop on Bird Road and U.S. 1. The parking is very bad. Thirty parking spaces is not adequate.
Vice Mayor Plummer: Howard, let me ask this. He has indicated that he has letters from the
neighbors that they're not in opposition.
Mr. Confalone: Every one. They're on the record.
281 February 9, 1995
Ms. Nelson: I can clarify what he's saying.
Vice Mayor Plummer: Do we have a map with the red and the green on it? Do we have one of
those maps?
Mr. Rodriguez: We're going to get it for you.
Mr. Confalone: Sir, we do not park in the street. I don't know what car wash he's talking about.
Ms. Nelson: What we're talking about is, you used to park on people's lawns and on the corner.
I have the photographs where they used to park on the people's houses across the street. And,
yes, they have stopped parking there. That is true. Now, they're parking in... he calls it an alley.
It's a street, a public street, and he's parking on a lot that's a residential lot adjacent to that alley.
I have photographs.
Mr. Confalone: I own that lot.
Mayor Clark: He owns that lot.
Ms. Nelson: I understand you own that lot, but someday, you might not own that lot, either, and
then, where are these people going to park, you know?
Mr. Confalone: We would love to have the car wash own that lot. We could tie it on to the car
wash, and then it will go...
Ms. Nelson: It's a residential lot. Here's the pictures.
Mr. Confalone: OK. That is a dead-end street, by the way.
Vice Mayor Plummer: But it's only... From what I see, if... My eyes aren't that bad. There's
only two people that object. What are the two blocks? Are they a different color? I thought
they were red. Those two there, what color are they? They're red, they object.
Mr. Confalone: No. That's my property across the street.
Vice Mayor Plummer: Did you object, sir?
Mr. Confalone: No, sir. No. That's my property there.
Ms. Nelson: These pictures show where the people are parking currently, which is a street, a
public street, and his own lot with a residential house on it. Now, if he doesn't own that
anymore, where are those people going to go to park?
Mayor Clark: Take a cab.
Ms. Nelson: Yeah, take a cab. I mean, I appreciate that he hires people in the neighborhood. I
appreciate everything, but we still have a parking problem.
Vice Mayor Plummer: You know, again, again, if we deny him, you gain nothing. You gain
nothing.
Ms. Nelson: But he doesn't want to do what he said.
Vice Mayor Plummer: I'm trying to find a way to accommodate him and say yes...
282 February 9, 1995
Ms. Nelson: Right.
Vice Mayor Plummer: ... and also get some additional parking. You know, if he says... If we
deny him, right now, what difference does it make whether he sells it or not? You've got no
more parking.
Ms. Nelson: Exactly. Exactly.
Vice Mayor Plummer: So let's try to work together to accommodate him, and hopefully, we'll
be ahead of the game.
Mayor Clark: All right. Give me a motion.
j Vice Mayor Plummer: I'll give you a motion, Mr. Mayor.
Mayor Clark: All right.
Vice Mayor Plummer: That a motion is that we approve item 28. The motion further states that
the applicant is required within 90 days to take out a permit for the additional parking on the lot
which he owns, in which 30 spaces will be designated for employee parking. And that's all I can
do. I can't do any more than that.
Mr. Confalone: Thirty, we don't need. We only need about 20.
Vice Mayor Plummer: Come on, would you, please?
Mr. Confalone: I'm sorry.
Vice Mayor Plummer: I mean, you know...
i
Commissioner Dawkins: Second,
Mayor Clark: Seconded by Mr. Dawkins. Call the roll.
Vice Mayor Plummer: Here I am, trying to help you. Look, you know, is 20 realistic? I know
he doesn't have 30 employees. That, I know.
Mr. Rodriguez: Twenty.
Mr. Confalone: Thank you.
Vice Mayor Plummer: Twenty is reasonable?
Mr. Confalone: Thank you.
Vice Mayor Plummer: Then make it 20.
Mayor Clark: We got a motion and a second. Call the roll.
Vice Mayor Plummer: You got 20 more parking spaces than you got there now.
283 February 9, 1995
The following resolution I introduced by Vice Mayor Plummer, moved its adoption:
RESOLUTION NO. 95-141,
A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO ALLOW A REDUCTION OF A SIDE
YARD SETBACK OF 5'-0" (10'-0" REQUIRED WHEN ABUTTING AN "0" OFFICE
DISTRICT) FOR A PROPOSED ADDITION TO AN EXISTING CAR WASH
ESTABLISHMENT LOCATED AT 3400 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN); ZONING C-1 RESTRICTED
COMMERCIAL, SUBJECT TO THE CONDITION THAT APPLICANT SHALL, WITHIN 90
DAYS, APPLY FOR A PERMIT FOR AN EMPLOYEE PARKING LOT OF 20 SPACES TO
BE BUILT AT 3490 BIRD ROAD, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, SAID PARKING LOT TO BE
OPERATIONAL WITHIN 6 MONTHS FROM THE DATE OF THIS RESOLUTION, AND,
FURTHER, SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED FOR THE ADDITION TO THE EXISTING CAR
WASH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you, folks.
Mr. Weisberg: Thank you very much.
Commissioner Dawkins: Take it, J.L. Excuse me. Mr. Mayor, take over, Mr. Mayor.
Vice Mayor Plummer: Item 29.
Mr. Sergio Rodriguez (Assistant City Manager): That was continued until March 23rd.
Vice Mayor Plummer: Continued.
NOTE FOR THE RECORD: AGENDA ITEM PZ-29 WAS
CONTINUED UNTIL THE MARCH 23, 1995 COMMISSION
MEETING.
284 February 9, 1995
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79. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP) GOALS, OBJECTIVES AND POLICIES
INTERPRETATION OF FUTURE LAND USE PLAN MAP, MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH, TO
INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES.
(Applicant: Planning, Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 30. OK. All the rest of these, I think are the City's, right?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Vice Mayor Plummer: They're... the application.
Mr. Rodriguez: Right.
Vice Mayor Plummer: All right. What does item 30 do?
Ms. Lourdes Slazyk: Thirty through 33 are the Florida Avenue Special District items.
Vice Mayor Plummer: OK.
Ms. Slazyk: At the December 1st meeting, you asked us to go back and meet... hold a public
meeting with the residents and the neighbors. We invited everybody within 375 feet, plus a list
of everybody else who gave us names that wanted to be invited to this meeting.
Vice Mayor Plummer: OK.
Ms. Slazyk: We held the meeting on January 5, 1995, here at City Hall, and certain concerns
were brought up at that meeting. First of all, there was a concern with regard to the content and
implementation of the design standards and guidelines. It was suggested that the mechanism in
place to enforce them was not sufficiently stringent, and that the end result would not resemble
the intent that we proposed. It was also suggested that the utilization of the parking areas in the
district be explicitly restricted for use of residents, employees and customers of the special
district only. There was concern that this would be used as overflow parking for the rest of the
Grove during the evening hours. There was also a proposal that perhaps this project should be
postponed, since we are having... we are ongoing with the Coconut Grove Planning Study...
Vice Mayor Plummer: No way. No way.
Ms. Slazyk: ... in the next year. The Florida neighbors themselves said that they prefer a speedy
implementation of this, because they have been... They've spent years working on this very
hard, and they want it to go forward.
Vice Mayor Plummer: Hey, it's first reading, and we might delay the second reading, but let's
get the first one behind us.
Ms. Slazyk: OK. The residents also proposed that the list of conditional accessory uses be
expanded to its original form. At this meeting, we presented a modified version of this that cut
the height down, the number of units down, the list of uses down. We got rid of everything that
was retail -oriented, and we greatly reduced it, and they wanted it back up.
285 February 9, 1995
Vice Mayor Plummer: Now, just which one is that? Because I won't vote for that one.
Ms. Slazyk: No. That was... No, we're still recommending that it be cut down.
Vice Mayor Plummer: Oh, OK.
Ms. Slazyk: There was also a concern on the need for traffic lights and signals around the
Florida Avenue area for the children that pass through on their way to the school. We told them
this was a Public Works issue, and we would take it up there.
Vice Mayor Plummer: Well, you're talking about a traffic light?
Ms. Slazyk: A light, or signage, or some kind of... something to address that concern.
Mr. Rodriguez: Dade County.
Vice Mayor Plummer: OK. I assume you informed them if there is going to be a traffic light,
they're going to have to pay for it.
Ms. Slazyk: I didn't inform them of that.
Vice Mayor Plummer: Well, don't let them go blind, because you're talking $30,000.
Ms. Slazyk: OK. Yeah. They'd have to be assessed.
Vice Mayor Plummer: OK. Just so they know.
Ms. Slazyk: OK. Anyway, as a result of that meeting, and in response to concerns at the
Commission meeting of December 21st, we are recommending certain changes. Let me just go
through them real quickly. First of all, the number of units per lot should be reduced from three
to two residential units. Two, that the list of conditional...
Vice Mayor Plummer: Wait, wait, wait a minute. Let me stop you there. When you say from
three to two, is that two units and a professional law office?
Ms. Slazyk: And a... Right, Instead of three resi... The original proposal...
Vice Mayor Plummer: Was three.
Ms. Slazyk: ... has three residential units and one restrictive commercial use.
Vice Mayor Plummer: OK.
Ms. Slazyk: Now, it's two units, and one restrictive commercial use, which we've cut down the
size of that use as well.
Vice Mayor Plummer: OK. Next,
Ms. Slazyk: OK. Then we took the list of uses, and we removed anything that involved a retail
component.
Vice Mayor Plummer: I liked it the other way, and I'll ask the question, are most of what you're
approving, what I would refer to as professional?
286 February 9, 1995
Ms. Slazyk: Yes.
Vice Mayor Plummer: OK.
Ms. Slazyk: The majority is. There's also some service components in there.
Vice Mayor Plummer: Such as?
Ms. Slazyk: Such as shoe repair... Let me go through the list.
Mr. Rodriguez: You have barber, hairdressers, manicurists, interior decorator, optician...
Vice Mayor Plummer: My only concern...
Mr. Rodriguez: ... and so on.
Vice Mayor Plummer: My only concern, Sergio, is the amount of car traffic.
Ms. Slazyk: Right. It...
Vice Mayor Plummer: That's my only concern about when you go away from a doctor, a
lawyer, a dentist, I'm concerned, then, about the car traffic, that's all. All right, go ahead, next
item.
Ms. Slazyk: All right. Well, the thing about the service uses, by getting rid of the retail
component, they're not going to have hordes of people at one time. The service is by class two,
so everything on here is going to need special permit. We can make them do schedule, by
scheduled appointment, so the parking won't get to be a problem.
Vice Mayor Plummer: OK.
Ms. Slazyk: OK. Then keep going through the changes. No waivers would be allowed to the
requirement that says you can't have more than three employees. The original proposal said if
you wanted to have more than three employees on site at any time, you could get a waiver of that
by class two. We got rid of that waiver. No more than three at any given time. Also, we have in
the original proposal...
Vice Mayor Plummer: Well, let me stop you there. Go back. When you cut down to two
residential and an office, how many parking spaces are provided?
Ms. Slazyk: OK. Let me pass out a parking... We have a revised parking study that shows you
a build up condition. If you have two spaces for each residential unit, and one per 600, I believe.
Mayor Clark: What item are we on?
Commissioner Dawkins: It seems... 30, 30.
Vice Mayor Plummer: Mr. Mayor, this is a combination of 30 through 33.
Mayor Clark: All right.
Commissioner Dawkins: You said, I think, that...
287 February 9, 1995
Ms. Slazyk: The home occupation...
Commissioner Dawkins: You said that the services component, you would force them to
schedule appointments, so there would be no backup in parking.
Ms. Slazyk: Yeah, that could be done very easily.
Commissioner Dawkins: If a doctor is in the building, how many doctors can support an office,
malpractice insurance, a nurse, and et cetera, seeing one patient, as one patient comes in and one
patient leaves? How many can do that?
Ms. Slazyk: Doctors aren't allowed.
Commissioner Dawkins: Ma'am?
Ms. Slazyk: Doctors are not allowed.
Commissioner Dawkins: What is allowed as service?
Ms. Slazyk: OK. The artist workshop studio, barber, hairdresser, manicurist, interior decorator,
optician, photographic studio, picture framer...
Commissioner Dawkins: An optician. An optician does not have to have people in line waiting?
Ms. Slazyk: He may, but he can schedule them appropriately so he doesn't have 12 at the same
time.
Vice Mayor Plummer: Yeah, yeah.
Commissioner Dawkins: I don't think an optician...
Vice Mayor Plummer: When was the last time you went...
Commissioner Dawkins: I don't think an optician... I don't, and I... I don't think an optician
can schedule appointments where one comes in, and then another one doesn't come in until that
one moves out of their parking space, and they come in.
Ms. Slazyk: But they're going to have...
Vice Mayor Plummer: Yeah. When was the last time you had an appointment that they saw you
on time?
Ms. Slazyk: A long time ago.
Vice Mayor Plummer: Ha -ha-ha.
Commissioner Dawkins: OK. No problem. That's all. Thank you.
Mayor Clark: Finish it up, J.L.
Ms. Slazyk: Now, the parking... If they have two residential units and one of these limited
service commercial uses, they're going to have to have two parking spaces for each unit, and one
space for each 500 square feet of the commercial.
288 February 9, 1995
Vice Mayor Plummer: OK.
Ms. Slazyk: And the studies have showed you how they can be accommodated with a one, two
and three -lot scenario, if they're merged.
Mayor Clark: Go ahead.
Vice Mayor Plummer: Is it under... Could there be three separate owners of a unit?
Ms. Slazyk: If they go condo, but I don't think condominium...
Vice Mayor Plummer: I mean, could there be an owner for one residential, one residential, and
one for the commercial?
Mayor Clark: If they're all pals. Right, Willy? They're all pals.
Ms. Slazyk: All right. There's a provision in here that says that the commercial, at least either
the operator of the commercial or one of the employees must live on the premises.
Vice Mayor Plummer: OK. My question...
Ms. Slazyk: The owner of the building... Somebody that has an interest in the property must be
on the premises.
Vice Mayor Plummer: All right. Well, then, that would assure me, then...
Ms. Slazyk: Not going to be...
Vice Mayor Plummer: ... that the people living upstairs are not going to be constantly bothered
by the noise created downstairs.
Ms. Slazyk: Right. It's understood when you come in. Now, the owner... This will insure that
the owner doesn't live somewhere in Coral Gables, and rent the two residential units to
somebody, and the commercial to somebody else. They can't.
Vice Mayor Plummer: What... One other question I have. What happens if only one or two
people take advantage of this? What is it going to do... You know, you got a beautiful picture
here, because it's complete and thorough for the entire street. We're not, in any way, going to be
guaranteed, even that big tree that's in the middle of the street that makes it look a little bit
better, that, in fact, this is going to happen. What happens when only one person does it, or the
second person does it, and the rest don't do it?
Ms. Slazyk: Right. Well, as each person comes in for permits, they're going to have to go
through a design review process. And at that time, there are very stringent design guides and
standards. Instead of a setback line, let's say, for the front, it's a build to line. They must adhere
to that line. They can't choose a different line.
Vice Mayor Plummer: That's not what...
Mr. Rodriguez: What will happen basically is that we will have one unit that will look like this,
and then we will try to go through the most stringent requirements and review.
Vice Mayor Plummer: That's not my question, sir. My question is, I'm concerned. I would call
it spot zoning in reverse. What happens if... How many units could be conceivably involved
here?
289 February 9, 1995
Ms. Slazyk: How many residential?
Vice Mayor Plummer: Is it six, or eight? How many on that street, at the maximum.
Mr. Rodriguez: I believe it's 18, right.
Vice Mayor Plummer: How many?
Mr. Rodriguez: It's 18 lots, so we would have a maximum of 36 units.
Vice Mayor Plummer: No, no, no. Individual structures.
Ms. Slazyk: Twelve lots, so there could be 12 structures, with two residential units each. That's
24 units.
Vice Mayor Plummer: OK. What happens to the looks of that neighborhood, without a
beautiful rendering, let's say, if only six people built? And what's going to happen if you have a
residential alongside of it, and one of these alongside, and then one, and then one, and then one,
and then one? You follow what I'm saying?
Ms. Slazyk: Yeah. This is... I think this is meant to be...
Vice Mayor Plummer: I'm scared it's going to look like the devil.
Ms. Slazyk: I think it's meant to be a long-term plan. As redevelopment occurs, it's going to
occur in a way to promote this kind of a look.
Vice Mayor Plummer: My concern is if redevelopment doesn't occur but on one or two of the
lots.
Ms. Slazyk: No, we can't force it.
Mr. Rodriguez: Commissioner, you know, this is no different than any other place in the City
where you have the zoning and the development has not occurred yet. You know, if you look,
for example, at Bayshore Drive now, you have buildings, and you have empty lots. Eventually,
there will be buildings, one after another, and that's the same situation you have throughout the
City. It's no different.
Vice Mayor Plummer: You had to bring up the only thing that I was embarrassed about being
here 25 years. I still say I made a bad decision on townhouses on Brickell Avenue. I regret that
one to this day. I think it looks horrible. You go down there, and you see those townhouses on
Brickell Avenue, there's cars running out of everywhere. It's done. It's done.
Mayor Clark: What's the pleasure of the Commission here now? Has the applicant been...
Ms. Slazyk: Well, let me...
Mr. Rodriguez: We are the applicant.
Vice Mayor Plummer: We're the applicant, Mr. Mayor.
Ms. Slazyk: I've got three more changes that we are proposing. One is that the maximum height
be reduced from three stories to 25 feet or two stories, whichever is less, and that the FAR
290 February 9, 1995
(floor/area ratio) be reduced from .75 to .6. The last change is that we added, to address one of
the concerns at the public meeting, we added a requirement that the parking areas in the SD-22
Florida Avenue District shall be used exclusively to service the needs of the establishment and
residents as specified in this Ordinance, and under no circumstances are these spaces to be used
to accommodate vehicular overflow from the adjacent SD-2 commercial district. I felt that was a
great point that came out of that meeting, and we added that requirement to our proposal.
Vice Mayor Plummer: This will triple the taxes?
Ms. Slazyk: It will increase them. I don't know how much. I want to remind you, there's still
no variances permitted from any of these things. Nobody can even apply for a parking variance,
or a height variance, or anything else. They're going to adhere to the way it's written. They
can't ask for relief of that.
Vice Mayor Plummer: I move item 30 on first reading. I'm sorry. Does anybody want to
speak?
Unidentified Speaker: Yeah.
Vice Mayor Plummer: I'm sorry. I withdraw. I think they've come a long way.
Mr. Jack King: My name is Jack King. I live at 3695 North Bay Homes Drive, in Coconut
Grove. I want to thank the City of Miami for going forward with this, because this is an answer
to a question that no one asked. I have no idea why this thing has gone on. This has... With the
City, sometimes things get started, and they just sort of rumble along, and nobody knows why. I
mean, when you look at the original plan that all of this was built on, this has nothing... what you
have now has nothing to do with it. This neighborhood should have been R-2, period, let it go at
that. We all know that years ago, in deference, probably, to one person, it was left R-1, and we
have a little screwy little piece of R-1 in there that really is a stepped down area that should be
R-2. The rest of this is just... I mean, it's insane. I mean, you have all these design limitations
and restrictions, and caveats in here, and as much as I like Sergio, I don't think that he is the
master of good taste in Coconut Grove. Why? Why? Why?
Vice Mayor Plummer: Wait, wait. Why are you limiting that just to Coconut Grove?
Mr. King: Well, but just this little piece right here, J.L. I mean, this is silly. You got... You
have 18 lot here. All right?
Vice Mayor Plummer: Twelve, they say.
Mr. King. There's no problem with the place right now, This would be a perfect design, as J.L.
has pointed out, if one person owned the entire place and could build the entire place. The
reality is, that's not going to happen. All right? And 1, quite frankly, as a resident of the Grove,
don't want the City of Miami telling me what color my fence has to be. I think that's insane.
There's a God-given right, especially in Coconut Grove, to build something ugly, and ten years
later, call it beautiful. Coconut Grove Realty Building is probably one that comes to mind. All
right? But that happens all the time. This is not Coral Gables. This is Coconut Grove. Why are
we spending all of this money, all of this time, for 18 lots that really doesn't make a whole lot of
difference, one way or the other? Make it R-2, let it go at that. Essentially, that's what you
came up with right now. It's... You have R-2, and you can have a business. Well, that's the
latest recommendation, J.L.
Vice Mayor Plummer: No. R-2...
291 February 9, 1995
Mayor Clark: Elementary. You're opposed to this plan, right?
Mr. King: What?
Mayor Clark: You're opposed to it.
Vice Mayor Plummer: No. R-2 does not have...
Mr. King: I want the City to stop spending money on things that may or may not work. We
have a... We have a Coconut Grove master plan, which we are trying to implement. Everything
else seem to come in front of that. But the master plan doesn't seem to be going anywhere. I
mean, we've had... We've had a study on Merrill Stevens. It instantly got money, and was done
right away, and miraculously appeared. This thing rolls along, there's meeting after meeting
after meeting. Come on, guys. You know, Coconut Grove is kind of a unique place. Give us a
shot. Maybe we can help straighten out some of the messes that have been made over the years,
or make sure we don't make the messes in the future. But if we do it on a block by block basis,
it's certainly not going to work.
Mayor Clark: All right. Thank you, sir.
Vice Mayor Plummer: Well, Jack, just so you know R-2 doesn't...
Mayor Clark: OK, OK, Plummer. Let's hear the next gentleman.
Vice Mayor Plummer: ... doesn't allow commercial. All right.
Mr. Howard Weisberg: I feel that the R-2 would be a compromised zoning. We're definitely
against any commercial usage or intrusion into this wholly residential neighborhood. This is...
The residential character of this neighborhood must be maintained. It is a school there. The
school does not deserve to have commercial intrusion there. And also, last time it was read in
the record, the School Board wrote a letter opposing the commercialization of property on that
area, and we fully agree with the School Board.
Mayor Clark: All right.
Mr. Weisberg: We want that R-2.
Mayor Clark: Thank you.
Vice Mayor Plummer: Mr. Mayor, I only have...
Mayor Clark: The public hearing is closed.
Vice Mayor Plummer: I only have one concern, and it's still the same concern I've had before.
The property on the corner that's owned by the post office, I got to tell you, that could make or
break this project, in my estimation. If they use that lot to further the expansion of the post
office, remember, which we have no control, and we cannot stop the post office, I think it would
be devastating to this project, and everything we've done will be a total waste of time.
Mayor Clark: All right. This gentleman wants to speak.
Vice Mayor Plummer: So I think it's important to know before the second reading, at least try to
find out, because if that thing... If they go up there with that monstrosity, we've wasted our time.
292 February 9, 1995
Mayor Clark: All right. This gentleman has something to add.
Mr. Jack Sander: Yes. I'm a proponent for the plan. My name is Jack Sander. I reside at 3170
Florida Avenue. I respect the viewpoint and the opinions of the two gentlemen. I'd like to just
toss out, where were they when Cocowalk and Mayfair increased their theaters without... lack of
parking, and where were they when the school rents their school grounds for parking, and sparse
grass and turf is taken away from the school children for playing? Again, I appreciate your
viewpoints. I'm here as a residing homeowner, and representing everyone who is a property
owner on Florida Avenue, between Matilda and McDonald Street. Would everyone who is a
property owner in this defined area please stand. In reference to the memorandum titled PZ-30,
we are all in agreement with this proposal and its amendments as indicated. Furthermore, we are
also in agreement on the following supportive facts and logic. Number one, the south side of
Florida Avenue directly abuts onto the Coconut Grove Commercial District, which is a highly
commercial usage area. The negative impact of this on Florida Avenue is very disruptive, and
ranges from abused parking, high noise levels, trashing of property, confrontations with the users
and abusers, and crime ranging from vandalism to armed robbery. Number two, Florida Avenue
is an intensely high crime area, and the eyes on the street concept, which we have fostered by the
implementation of the Florida Avenue Special District would not only bring about dramatic
reduction in crime, but also curtail many other occurrences that threaten and disrupt the
neighborhood. As a result of the enhanced presence on the street, it would make the street safer
for school children, and pedestrians. Number three, the post office, under the auspice of the
Federal Government, is not bound by City zoning restrictions, and therefore, they have a right to
develop their property, their four vacant lots on Florida Avenue, to its highest and best use.
Number four, the proposed Florida Avenue Special District has built within it a series of
standards and guidelines that would subject any change proposal within the district to design
review by the Planning, Building and Zoning Department, whereas R-1 and R-2 zoning do not.
What we seek in asking for your approval of the Florida Avenue Special District is to provide for
a zoning designation that will allow for the development of Florida Avenue, to function as a
transitional or a buffer district between the high density commercial SD-2 zoning to the south,
and the low density R-1 residential zoning to the north, thereby allowing Florida Avenue
neighbors a reasonable use of their property, and rendering Florida Avenue a safe street for all in
the community. Since this has been such a lengthy carry on, in conclusion, I will make the next
paragraph very short. The facts and logic, as I have just stated, alone, merit the passing of this
request. The obviousness of this is enhanced by each one of you having an opportunity and an
obligation to render a just decision. That just decision is approval. Thanks for your time.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: What is it?
Commissioner Dawkins: The last time, Mrs. Dinkins was very vocal. I'd like to hear from her
tonight, why she has nothing. Will you come and tell me why you have nothing to say?
Commissioner Plummer: That's unusual for her.
Commissioner Dawkins: Very.
Ms. Grady Dinkins: Thank you. I have a lot of questions, Mr. Plummer and... Commissioner
Plummer, I'm sorry.
Vice Mayor Plummer: Name and address for the record, please.
Ms. Dinkins: I attended the workshop. You invited us to attend the workshop.
293 February 9, 1995
Vice Mayor Plummer: Your name and address, for the record.
Ms. Dinkins: Oh, my name. All right. My name is Grady Dinkins, and I live at 3201 Florida
Avenue. I really am opposed to changing 3100 Block on Florida, next to where I live, for
commercial use. In fact, I'm very worried now about if anybody down there knows how to
repair shoes. Can they cut hair? And at the workshop, I asked the question, if they were going
to tear down their homes and build those two-story houses, and no one seemed -to have an answer
for that. And right now, I don't know exactly why they're pushing this issue. Is it for something
else? Why do they really want to change the zoning down there? Do they really want shops, or
is it for something else? Now...
Vice Mayor Plummer: Such as?
Ms. Dinkins: Maybe for.., they might would like to sell the property. They'd like to get a big
price for it.
Vice Mayor Plummer: Well, I don't think there's any question about that. We can't stop them
from doing that if they want to.
Ms. Dinkins: I know, but if the zoning is changed, you know, you would get more for your
property.
Vice Mayor Plummer: No question.
Mr. Dinkins: I wouldn't object at all if I didn't live behind, say, for an example, Rainbow Plaza.
I know that they want to change their zoning also, and they're just waiting for the opportunity to
do it. And, of course, if you change 3100 Block on Florida Avenue, and give them the
opportunity to have commercial use there, these people can then come in and just insist that you
give them the zoning, too, and they might just even go to court and get it if you say no, because
it wouldn't be...
Vice Mayor Plummer: Where is Rainbow Plaza?
Ms. Dinkins: What? Right in front of where I live, in my block. And that is really my objection
to having them to change their zoning, because I know that I'm next. And we will just be
destroyed in black Grove. What are you going to do about the homes?
Vice Mayor Plummer: Huh?
Mayor Clark: All right. Thank you, Ms. Dinkins.
Vice Mayor Plummer: Well, let me ask this question.
Ms. Dinkins: Yes.
Mayor Clark: All right.
Vice Mayor Plummer: If they don't build, Mr. Rodriguez, I want to make sure that the changing
of zoning, that they cannot use the structure that they presently have to circumvent this beautiful
picture. You understand what I'm saying?
Mr. Rodriguez: Right. Yeah.
294 February 9, 1995
Vice Mayor Plummer: I don't want to have the house that's presently on that piece of property
where they can put their family in there, and put a commercial use in there without going with
something like what's in this pretty picture. Huh?
Mr. Rodriguez: Let me...
Ms. Dinkins: You see...
Mr. Rodriguez: Let me get the answer before I give it to you.
Vice Mayor Plummer: Well, hey, I think she raises a good point.
Ms. Dinkins: ... these are my neighbors, and we have always cooperated with each other. And,
of course, I am just very sorry that this has come up. But we will be destroyed. We want you to
think about us who live in black Grove. What's going to happen to the people from McDonald
Street on down to Douglas Road, on Florida Avenue? We don't have any place else to go. We
don't want to move, and we don't want to sell.
Commissioner Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Sorry. I'm trying to...
Commissioner Dawkins: No problem.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: This is going to be done in the 3100 Block of Florida Avenue.
Mr. Rodriguez: Right.
Ms. Dinkins: Yes. And I live in the 3200 Block.
Commissioner Dawkins: OK. You live in the 3200 Block.
Mr. Rodriguez: Right.
Ms. Dinkins: Yes. Behind Rainbow Plaza.
Commissioner Dawkins: Usually, when we do this... Because I'm in favor of people doing what
they can do with their own property. Just like she wants to protect hers, others should be able to
do what they want to do with theirs.
Ms. Dinkins: Right.
Commissioner Dawkins: But can we... Can we do as we do when we give other special
exceptions? Say that this development... What's the street where the beginning of the 3200
Block begins? What's the name of that street?
Mr. Rodriguez: McDonald.
Commissioner Dawkins: Can we say that this development can only go to the middle of
McDonald, that's a covenant that has to be given, and that the City of Miami will not allow this
development to go on the other side of McDonald?
295 February 9, 1995
Mr. Rodriguez: The way to handle this might be to do the zoning physically leaving one foot on
the McDonald side. In that way, it will be no...
Vice Mayor Plummer: Well, you can't do that.
Mr. Rodriguez: Why?
Vice Mayor Plummer: It's simply because the post office owns one of the parcels, and you can't
tell the post office what to do at all. So you can only do it on one half of the block.
Mr. Rodriguez: Well, they can do whatever they want to do, if it is for government use.
Commissioner Dawkins: Yeah, but you see, I agree with you, OK? The post office maybe able
to do what it wants to do, but the rest of the residents have to come to us to do what they want to
do.
Mr. Rodriguez: Right. Right.
Commissioner Dawkins: So we are protecting everybody but the Federal Government, who we
cannot protect.
Mr. Rodriguez: What we can do, sir, to do what you want to do is, in changing the atlas, is to
leave one foot, so in that way, there will be no adjacency, and then you cannot go to the other
side.
Commissioner Dawkins: Is that acceptable to... I mean, if... There again, now, I don't want to
do this unless a majority of the people in the half of the block of the 3200 Block on McDonald
says yes, because if... I'm just saying, now, if Mrs. Dinkins is the only one who wants to
preserve her property, and the others are saying, "No, I don't care, I don't want us to be down
here," so how do we do this? Have a public hearing on doing that, or what?
Mr. Rodriguez: In reality, sir, what you have today is... You're dealing with the area which is
on the 31 Block only.
Commissioner Dawkins: OK.
Mr. Rodriguez: So the decisions that you're making today doesn't affect the 32 Block at all.
Commissioner Dawkins: But it will if I put in the one foot...
Mr. Rodriguez: If you put the one foot, you have another assurance, that nobody can apply for it
because of adjacency. But in reality, if the other property on the other side of McDonald had
enough land to ask for a change of zoning, they could do it anyhow, even if you put a one foot
separation between them. And I believe the Rainbow Plaza has the amount of land to request
any zoning, because they have enough area so that it wouldn't be a spot zoning, so they could
request this anyhow. The area that you are protecting is the single-family area, which is on the
north side.
Commissioner Dawkins: That's all I'm interested in.
Mr. Rodriguez: You understand? It's on the...
Ms. Dinkins: Say what?
296 February 9, 1995
Vice Mayor Plummer: I think we're forgetting, also, a lot, that better than half of that block will
not be affected, if you took it and accumulated it. You got the park there and the tennis courts.
You got a parking lot on the Matilda end, and you got the huge parcel - I don't know how many
lots - where the post office owns. So halt... four lots. So half of that block, in effect, will not be
in... be in this kind of a zoning change.
Commissioner Dawkins: Yeah, but Mrs. Dinkins lives in the part that does... that is affected, so
she is concerned.
Vice Mayor Plummer: She's across the street.
Commissioner Dawkins: Yeah, and she's concerned.
Mayor Clark: Let's move.
Vice Mayor Plummer: Can I ask who owns the last lot on... to McDonald.
Commissioner Dawkins: On the 3100 Block?
Vice Mayor Plummer: In the 3100 Block. Who lives in the lot on McDonald?
Commissioner Dawkins: That's OK. What is her name?
Mr. Sander: Mrs. Clarrette (phonetic). She resides there, and she's approved of, you know,
she's part of the association or the neighbor...
Vice Mayor Plummer: Well, I can't imagine, unless it would create a setback problem, of why
she would object to a one -foot buffer. I can't imagine that she would. It gives Mrs. Dinkins the
comfort that she's looking for. And I want to speak, not to this, but I want to speak to Mr.
Weisberg and Mr. King. I don't think anybody, under today's conditions, would want to live on
that street in a single-family residence. OK? Please. You know, I would, in no way, shape, or
form, have a house that backs up to 7-Eleven. I don't care if you want to say that Coconut Grove
is different. People still have a right to peace and tranquility. And let me tell you something, my
friend. Backing up to that 7-Eleven, in nobody's book, is peace and tranquility. Second of all,
they ought to rename that damn street to Glass Avenue. There is not a morning that I drive - and
I drive that street every day - that there isn't three or four cars that have been broken into, and
glass is all over that street. If that, in my estimation, is not enough reason to make some changes
on that street, then put some activity on that street, usually, which is the thing that drives these
people away. They don't like people looking. That, in my answer, is the reason why I think that
it deserves a change.
Commissioner Dawkins: Mr. Mayor, please.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I'm ready to make a motion.
Commissioner Dawkins: Can the Florida Avenue group live with the one -foot limitation?
Vice Mayor Plummer: That's going to be in my motion.
Ms. Dinkins: That's what he's saying. I'm not thinking about it.
Commissioner Gort: This is the first reading. This has got to come back in front of us. OK?
297 February 9, 1995
Vice Mayor Plummer: Of course. Which one of the four items would I put that one -foot buffer
in?
Commissioner Gort: The zoning change.
Vice Mayor Plummer: Thirty-two and 33. I move 30 as presently, as remodified by the
Department and explained here this evening.
Mr. Rodriguez: No, 33.
Vice Mayor Plummer: I move item 30 first, on first reading.
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000'S GOALS, OBJECTIVES AND POLICIES
INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH, TO ACCESSORY
USES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
298 February 9, 1995
----------------------------------------------------------------------------------------------------------------
80. FIRST READING ORDINANCE: AMEND 11000 TEXT, BY ADDING NEW
SECTION 622: SD-22 FLORIDA AVENUE SPECIAL DISTRICT -- PROVIDE
FOR INTENT AND EFFECT; ESTABLISH ALLOWABLE USES AND
DENSITIES; ESTABLISH REQUIREMENTS FOR PARKING, LOADING
AND LIMITATIONS ON SIGNAGE; PROHIBIT VARIANCES;
INCORPORATE DESIGN GUIDELINES AND STANDARDS BY
REFERENCE; PROVIDE DEFINITIONS. (Applicant: Planning, Building &
Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move item 31 with the modifications.
Mr. Sergio Rodriguez (Assistant City Manager): No, that's OK.
Vice Mayor Plummer: What?
Mr. Joel Maxwell (Assistant City Attorney): Thirty...
Mr. Rodriguez: Thirty-one is OK. Thirty-three is the one.
Commissioner Gort: It's 33, is the one.
Vice Mayor Plummer: Well, are there any modifications that you brought about since the other
hearing?
Mr. Rodriguez: Oh, sorry, yeah.
Ms. Lourdes Slazyk: Yes.
Vice Mayor Plummer: The modifications that's indicated by the Department...
Ms. Slazyk: Right.
Vice Mayor Plummer: ... are in effect, and I so move item 31.
Commissioner Dawkins: Second.
Mr. Joel Maxwell (Deputy City Attorney): Yhis is as amended.
Mayor Clark: Call the roll.
299 February 9, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING A
NEW SECTION 622 ENTITLED "SD-22 FLORIDA AVENUE SPECIAL
DISTRICT"; PROVIDING FOR INTENT AND EFFECT; ESTABLISHING
ALLOWABLE USES AND DENSITIES; ESTABLISHING REQUIREMENTS FOR
PARKING LOADING; REGULATING SIGNAGE; PROHIBITING VARIANCES;
INCORPORATING DESIGN GUIDELINES AND STANDARDS BY REFERENCE;
PROVIDING DEFINITIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Dawkins and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
81. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION FOR PROPERTIES
FRONTING FLORIDA AVENUE FROM MATILDA STREET TO
McDONALD STREET (EXCLUDING KIRK MUNROE PARK) FROM
SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL. (Applicant: Planning, Building & Zoning Dept.)
Vice Mayor Plummer: Item 32, with the provisions as indicated, modifications by the
Department, as well as a one -foot buffer...
Mr. Sergio Rodriguez (Assistant City Manager): That... No, that will be 33.
Vice Mayor Plummer: Will you guys make up your mind? I move it.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
300 February 9, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTIES FRONTING
FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD STREET,
EXCLUDING KIRK MUNORE PARK, BY CHANGING THE LAND USE
DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
•---------------------------------------------------------------------------------------------------------
82. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM
MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT. (Applicant: Planning, Building &
Zoning Dept.)
Vice Mayor Plummer: I now move item 33 as modified in any way by the Department, with the
one -foot setback on the two properties that confront McDonald Avenue.
Mr. Sergio Rodriguez (Assistant City Manager): McDonald, right.
Vice Mayor Plummer: Now, I have one other question that I want for consideration. Those
properties, which I would say are on the tennis side, tennis court side of the street, the back of
those properties will be adjacent to single-family residents. What has the Department given, in
consideration for those people who will now be looking at a different scenario in their backyard
as they are today? I'll ask you to answer that before the second... I mean, are there going to be
walls there? Are there going to be what there? I think that's worth our consideration. OK?
Mayor Clark: Build a correctional institution there.
Vice Mayor Plummer: I move item 33 as modified, Mr. Mayor.
301 February 9, 1995
:4)y�
Mayor Clark: All right.
Commissioner Dawkins: Second.
Mayor Clark: Read it. Call the roll.
Commissioner Dawkins: Hold it. I didn't hear you say with a setback.
Vice Mayor Plummer: Yes, sir. The two properties that confront McDonald.
Commissioner Dawkins: OK.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS FOR THE PROPERTIES
FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD
STREET, EXCLUDING KIRK MUNROE PARK, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT; RETAINING A ONE FOOT BUFFER
STRIP; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Dawkins and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------
83. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM
MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT. (Applicant: Planning, Building &
Zoning Dept.)
-----------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: What does item 34 do?
Mr. Joe McManus: Item 34 has been before you a couple of times and been continued. It's a
first reading ordinance. And based on our discussion at the last...
302 February 9, 1995
Vice Mayor Plummer: Are there any objections to 34?
Mr. McManus: Well, let me just say, we clarified the language so that the outdoor display and
sales of boats in PR (parks and recreation) districts in waterfront specialty retail centers would
only apply to existing ones, and not to future ones. And that was as a result of our conversation.
Mayor Clark: Any objectors present on this item, on 34?
Vice Mayor Plummer: Two people raised their hands.
Mayor Clark: Well, they've been here all day. Let them speak.
Vice Mayor Plummer: Well, come on.
Ms. Joyce Nelson: I missed what...
Mayor Clark: Identify yourself, whoever you are.
Vice Mayor Plummer: Name and address, for the record.
Ms. Nelson: Joyce Nelson, 2535 Inagua Avenue. Joe, did you say this applies to existing?
Mr. McManus: Existing.
Ms. Nelson: Existing what?
Mr. Sergio Rodriguez (Assistant City Manager): Specialty centers.
Mr. McManus: Waterfront specialty retailing centers.
Ms. Nelson: Which are? Do we have a... Do we know which ones those are?
Mr. McManus: In PR (Parks and Recreation)districts.
Mr. Rodriguez: In the P... Right.
Mr. Nelson: Which ones are they?
Vice Mayor Plummer: No. What she's saying is, Bayside... Which ones are in grandfathered
in?
Mr. McManus: Bayside and Monty's.
Vice Mayor Plummer: That's the only two?
Mr. McManus: Yes.
Vice Mayor Plummer: So that answers her question. There's two.
Ms. Nelson: OK. So that... This cannot be applied to any other park?
Vice Mayor Plummer: That's what he says.
Mr. Rodriguez: Right.
303 February 9, 1995
Ms. Nelson: OK. Otherwise, I had a whole speech.
Vice Mayor Plummer: Any... Mr. Weisberg, any objections, or are you just here for moral
support for her?
Mr. Howard Weisberg: No, well... Well, we're against any further use of the parks. It didn't
seem to specify that in the ordinance.
Vice Mayor Plummer: Sir, it's not a park. Monty Trainer's is not a park.
Mr. Weisberg: Well, I'm saying what it says in here.
Vice Mayor Plummer: Bayside is not a park. And those are the two that it's limited to.
Mayor Clark: OK.
Mr. Rodriguez: And besides...
Vice Mayor Plummer: I move item 34 on first reading.
Commissioner Gort: Second.
Mayor Clark: All right. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDNANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATION", TO ALLOW RETAIL
SPECIALTY SHOPS INCLUDING RETAIL SALES OF BOATING, FISHING,
DIVING AND SWIMMING SUPPLIES AND EQUIPMENT BY SPECIAL
EXCEPTION WITHIN EXISTING WATERFRONT SPECIALTY RETAIL
CENTERS WITHIN EXISTING PARKS, WITH OUTSIDE DISPLAY AND SALES
OF BOATS ONLY BY SPECIAL EXCEPTION APPROVED BY THE CITY
COMMISSION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
304 February 9, 1995
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None,
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
84. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND 11000 TEXT TO PROHIBIT
PLACEMENT OF DONATION COLLECTION BINS IN ALL ZONING
DISTRICTS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Thirty-five, you want to put collection bins where?
Mr. Joe McManus: No. It would be prohibited Citywide.
Vice Mayor Plummer: You're saying that the Salvation Army, Goodwill Industries can't put, in
a commercial zone, a...
Mr. McManus: If they were unattended. They could only put those in any district in the City of
Miami, if they were attended. The problem has been we've had unattended donation collection
bins, and it gets more and more of a problem.
Vice Mayor Plummer: Well, I don't agree with that. You know, I agree that they should be like
in a C-2, but not to completely say no. You can't do it.
Mayor Clark: No. You're right.
Mr. McManus: Well, we are...
Vice Mayor Plummer: I'm sorry. You know, hey, listen, if I didn't think they went for a good
purpose, I wouldn't argue. But, damn, when the Salvation Army, the Rescue Mission and all
have these things out there... I oppose residential areas, but in a commercial area, I don't oppose
it. That's my opinion.
Commissioner Gort: Mr. Mayor, my understanding is... I agree with Commissioner Plummer
stating those organizations, but there's many others that may be in place that we don't know who
to even... the organization looks like, and they look very bad, even in a commercial area.
They're not taken care of, they're not painted, they're ugly, and they've got stuff all over the
place.
305 February 9, 1995
7!)
Vice Mayor Plummer: Then, as we did with the carts in Coconut Grove, set me some rules and
regulations about how big they can be, what...
Commissioner Gort: How about the maintenance of it?
Mr. Rodriguez: What we're saying, you know, again, if they're unattended, it's very difficult to
enforce any kind of control on the whole thing.
Vice Mayor Plummer: And these people are charitable organizations. They can't afford... I
move to defer it. Come back with some other items.
Mayor Clark: It's been deferred. Cast a unanimous ballot.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY MAYOR CLARK, ITEM PZ-
35 WAS CONTINUED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
85. AMEND RESOLUTION 89-199, WHICH ADOPTED, IN PRINCIPLE, THE
WATSON ISLAND MASTER DEVELOPMENT PLAN -- MODIFY
PARAMETERS OF PLAN, SPECIFICALLY LAND USE PLAN, MARINE
RECREATION CHAPTER (SECTION 2), BY PROVIDING FOR A MARINA
OF UP TO 70 SLIPS, MARINA RETAIL SERVICES COMPONENT OF UP TO
50,000 SQUARE FEET, AND HOTEL OF UP TO 300 ROOMS, NOT TO
EXCEED 55 FEET IN HEIGHT (ABOVE FEDERAL FLOOD CRITERIA) --
MODIFY MAPS, PLANS AND TEXT OF WATSON ISLAND PLAN,
ACCORDINGLY. (Applicant: Department of Development.)
Mayor Clark: Number 36.
Vice Mayor Plummer: What does this do? Watson Island.
Mr. Jack Luft: The original '89 plan had some guideline numbers in it. So that we're not
exposed to a challenge on inconsistency with the master plan, we want to amend those
guidelines. This will make it... the RFP (Request for Proposals) that you approved earlier
consistent with these numbers.
Mayor Clark: Let's hear from this gentleman. Identify yourself for the record.
Mr. Ray Cantillo: Ray Cantillo, 86 Bay Heights Drive. Mr. Mayor, I would like to say
something for the record, and I respectfully would like to have the opportunity to give you
something.
306 February 9, 1995
Vice Mayor Plummer: This is the last... Wow!
Mr. Joel Maxwell (Assistant City Attorney): Well, wait a minute. this... That item has been
deferred.
Vice Mayor Plummer: Oh, that's right. Stanley Price's item, yeah.
Mr. Maxwell: That item is controversial too.
Mr. Jack Luft: It adds more slips, so why could he oppose it?
Vice Mayor Plummer: Well, he's got a right. Are you for or against this? No, I'm opposed to
it.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Cantillo: Mr. Mayor, and Commissioners, and City Manager, I'm here to talk about the
Watson Island Fishing Tourism Association. I would just like to say something for the record,
before you pass this resolution. I'd like to say that to include these people, these four families
that are there operating right now in Watson Island, who have always paid their rent to the City,
and contributed in a positive way, would be a way to have something that we've had there for
many years remain at Watson Island, drawing tourism and a good image for Miami as a
recreational fishing area, with a lot of related activities to the sea. We would like to ask this
Commission, respectfully, to resolve that any modification of the parameters of the Watson
Island plan include a provision that allows these people, these four families that are there now,
that form the association, to have a modest amount of space required by these four businesses
operated by these families.
Vice Mayor Plummer: We can't do it. You can't guarantee these people.
Mr. Luft: I can't guarantee it'll get built, but it's in the plan.
Mr. Cantillo: Number two...
Vice Mayor Plummer: Ray.
Mr. Cantillo: Yes.
Vice Mayor Plummer: Just so you know, we cannot do that. We cannot commence a waterfront
lease without it being put out to bid at a minimum of three bidders.
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Mr. Cantillo: Right.
Vice Mayor Plummer: We can't do that. We can't guarantee these people.
Mr. Cantillo: What we're saying is, before you start building, for the interim period, if you'd
allow them to continue operating like they...
Vice Mayor Plummer: Oh, oh, OK.
Mr. Cantillo: ... like they have been for many years, and then negotiate a lease.
307 February 9, 1995
Mr. Luft: OK. Yes.
Mr. Cantillo: And if you have any questions that I can answer to you regarding these people, I
would love to give you any kind of input.
Vice Mayor Plummer: Well, are these the ones the City Manager sent a notice to vacate?
Mr. Luft: Yes. Yes, they are.
Mr. Cantillo: I believe one of the parties is.
Vice Mayor Plummer: Well, the reason that I understood, and you correct me if I'm wrong...
Mr. Cantillo: Yes.
Vice Mayor Plummer: ...was the reason that he told them to vacate was that there was all kinds
of violations, Code violations, electrical, and it was mostly safety.
Mr. Cantillo: These have been brought up to date, Commissioner. These have been brought up
to date, and they have invested quite a few dollars in capital improvements. In the case, it's over
$30,000.
Mr. Luft: OK. Sir, as a master plan issue, which is all this is, the fishing fleet, the commercial
vessels are in the master plan, specifically. They're already there.
Mr. Cantillo: They are.
Mr. Luft: Yes, they are. OK?
Mr. Cantillo: OK. In what part? In what part of the master plan is that?
Mr. Luft: They're on the proposed land use map, and I'll show you exactly where it says
"commercial vessels, fishermen."
Mr. Cantillo: Great.
Mayor Clark: When people bid on this, they've got to include that in the proposal.
Mr. Cantillo: Yes, great.
Mr. Luft: OK?
Mr. Cantillo: Well, we appreciate your positive view to...
Vice Mayor Plummer: Well, wait, wait, wait. Ray, I think you're going to go away confused,
because I am.
Mr. Luft: We're not... This doesn't build it.
Vice Mayor Plummer: No. And this does not guarantee those people are going to stay now.
Mayor Clark: No, it doesn't guarantee it.
308 February 9, 1995
Mr. Luft: It doesn't guarantee. It just says they're in the plan. OK?
Mr. Cantillo: OK. Can they remain...
Mr. Luft: And we're going to, in this RFP, as the Commission discussed earlier, make it clear
that in the building of a new marina, we would prefer to make room for these vessels, yes.
Vice Mayor Plummer: These kind of... will be there, but these people cannot stay once they've
been given an eviction notice by the Manager.
Mr. Luft: We're going to have to completely tear that place up and rebuild it.
Vice Mayor Plummer: Well, but wait a minute. Let's understand, I don't want to have any
confusion. My understanding is, the Manager sent them a letter to vacate by a certain date. Am
I right?
Mr. Luft: I believe that... Sir, I'm not sure.
Mr. Maxwell: That's correct.
Vice Mayor Plummer: That's correct. And once that date has come, they've got to vacate.
Mr. Cantillo: What we're saying here, J.L., is that they were told by the City to create
improvements and bring things up to Code, and...
Vice Mayor Plummer: That's not my understanding, Ray. My understanding was they were
told, "bye-bye." I didn't make that decision. I read about it in the paper. Don't let him go away
from here confused, because I am, so straighten this out. Certain... What was the date? Do you
know?
A. Quinn Jones, III, Esq. (City Attorney): I don't have the letter.
Vice Mayor Plummer: Whatever that date was, they are gone, Ray.
Mr. Cantillo: As far as I know right now, the situation is on a month -to -month basis. And what
we're saying is...
Commissioner Gort: My understanding, and somebody check this, they will be allowed, as long
as they comply with the Code, and they comply with thing...
Mr. Cantillo: Correct.
Commissioner Gort: ... as long as the new... as the RFP doesn't come in.
Vice Mayor Plummer: Is that the case?
Mr. Rodriguez: I'm finding...
Vice Mayor Plummer: That was not my understanding.
Commissioner Gort: Once the RFP comes in, then they would have to move out.
Mr. Cantillo: Or to renegotiate.
309 February 9, 1995
N
Mr. Luft: Correct.
Mr. Rodriguez: Well, that...
Vice Mayor Plummer: Well, that was not my understanding.
Mr. Maxwell: And may I suggest, Mr. Mayor and members of the Commission, that this issue
that he's bringing up now really has nothing to do with the item in front of you.
Mr. Rodriguez: At all.
Mr. Maxwell: And the Manager has issued his edict to these people, and you have indicated you
wanted to follow that, and I'd suggest you leave it at that...
Vice Mayor Plummer: OK.
Mr. Maxwell: ... and simple proceed with the item in front of you.
Vice Mayor Plummer: Well, he was about to walk away with a different opinion.
Mr. Cantillo: What we're saying is that they are there, and they are people that are bringing
income to the City. They're paying rent, and they are people that are working with the City.
Mr. Rodriguez: Right. As an issue of the master plan, this is included as a possible use, and
that's the only issue that you have before you today.
Vice Mayor Plummer: That's a different ball game. OK. I move the item.
Mayor Clark: Thirty-six.
Mr. Cantillo: OK. Thank you.
Mayor Clark: Second?
Vice Mayor Plummer: I moved it.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance.
Mr. Maxwell: It's a resolution.
Vice Mayor Plummer: But I want you to know that I... Please, Mr. Mayor. I am totally opposed
to the 50-foot structure on that island.
Ms. Matty Hirai (City Clerk): It's a resolution, Mr. Mayor.
Commissioner Dawkins: Call the roll.
Ms. Hirai: Vice Mayor Plummer.
Commissioner Gort: Hey, wake up.
Vice Mayor Plummer: Wait a minute, wait a minute. What?
310 February 9, 1995
Ms. Diane Johnson: Motion...
Vice Mayor Plummer: Yeah, I know. I said that I'm opposed to the 50-foot structure. They can
put a hotel over there if they want, as long as it's a one-story hotel.
Ms. Diane Johnson: Correct. OK.
Vice Mayor Plummer: They can put a one -floor hotel. Look, I'm opposed to it.
Ms. Johnson: We understand.
Vice Mayor Plummer: You want me to vote against it to keep my thoughts? I will.
Mr. Rodriguez: No. I want to make sure that we understand what is your motion.
Vice Mayor Plummer: We understand what my motion is, and if somebody can come in with a
plan for one unit... one floor, I accept it.
Ms. Johnson: We understand, yeah.
Vice Mayor Plummer: If it's more than one floor, I will vote against it.
Ms. Johnson: So note.
Vice Mayor Plummer: But I just want that right to have them... to have that right to try.
Ms. Johnson: So noted.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-142
A RESOLUTION AMENDING RESOLUTION NO. 89-199, AS AMENDED AND
ADOPTED ON FEBRUARY 23, 1989, WHICH ADOPTED IN PRINCIPLE THE
WATSON ISLAND MASTER DEVELOPMENT PLAN, BY MODIFYING CERTAIN
PARAMETERS OF THE WATSON ISLAND PLAN, SPECIFICALLY THE LAND
USE PLAN, MARINE RECREATION CHAPTER, SECTION 2 (AS AMENDED), BY
PROVIDING FOR A MARINA OF UP TO 70 SLIPS, A MARINA RETAIL SERVICES
COMPONENT OF UP TO 50,000 SQUARE FEET, AND A HOTEL OF UP TO 300
ROOMS NOT TO EXCEED 55 FEET IN HEIGHT (ABOVE FEDERAL FLOOD
CRITERIA); FURTHER MODIFYING MAPS, PLANS, AND TEXT OF THE
WATSON ISLAND PLAN ACCORDINGLY; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
311 February 9, 1995
M�
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: My vote is yes, and I thank you for reminding me.
Ms. Johnson: Thank you.
-----------------------------------------------------------------------------------------------------------
86. (A) (Continued Discussion) DISCUSS AND CONTINUE (FOR 30 DAYS)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
TO AMEND 10544 (MCNP) FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION AT 2537-43 S.W. 11
STREET FROM DUPLEX RESIDENTIAL TO MULTI -FAMILY
MEDIUM DENSITY RESIDENTIAL. (Applicant: Jose E. & Maria J.
Valdes.) (See label 73)
(B) DISCUSS AND CONTINUE (FOR 30 DAYS) CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND 11000
ATLAS BY CHANGING DESIGNATION AT 2537-2543 S.W. 11
STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.
Mayor Clark: What do you have, Stan? We got one we passed over today.
Commissioner Dawkins: This is a pocket item?
Mayor Clark: No.
Mr. Joel Maxwell (Assistant City Attorney): PZ-20.
Mr. Sergio Rodriguez (Assistant City Manager): No. PZ-20 and 21.
Vice Mayor Plummer: Due to the lack of interest...
Mr. Rodriguez: PZ-20 and 21.
Mayor Clark: What were they on?
Commissioner Gort: You got a few people here.
312 February 9, 1995
Vice Mayor Plummer: Yeah. Mr. Price, due to the lack of interest, today has been cancelled.
Mr. Stanley Price: That's fine, sir. After the day I've had, that's...
Mayor Clark: PZ-20 and 21.
Mr. Rodriguez: This is the item that we rescinded before. We started the item by saying that
there was an amendment to the comprehensive plan to go from duplex to multifamily in 2537-43
Southwest 11th Street, and a change of zoning from R-2 to R-3. The Planning Department
recommended denial, and the Planning Advisory Board and the Zoning Board both
recommended denial.
Mayor Clark: Twenty-one and 22?
Mr. Rodriguez: Twenty and 21.
Mayor Clark: All right. Mr. Price.
Mr. Price: Yes. Mr. Mayor and members of the Commission, my name is Stanley Price. Along
with my partner, Vicky Leiva, we're here representing the applicant. Initially, let me thank the
Commission for the courtesy extended to me, and I apologize to the neighbors who are here for
having to wait the additional time. This is an application that, as the Planning Director had
indicated, that both seeks a change in the comprehensive plan, as well as a change in zoning.
The subject property is adjacent, directly adjacent to an R-3 category, which is what we are
requesting from the City today. Initially, let me state in the record... And I apologize for doing
this, but it is imperative that I preserve the record. Legal counsel for the opponents of this action
has been consistently represented by an Assistant City Attorney for the City of Miami. She has
appeared at previous public hearings. She's appeared today, also. We question whether, in a
quasi-judicial proceeding, whether an attorney for the City...
A. Quinn Jones, III, Esq. (City Attorney): Mr. Price, I take exception to that.
Mr. Price: OK.
Mr. Jones: She has not made any representation in her capacity as Assistant City Attorney. She
came to me some time ago, and indicated that because she lived in that area, her parents, they
had a problem, she asked would it be proper for her to come down. In her capacity, she
understands that should the Commission take action adverse to her and her family that it would
have to be handled by someone on the outside. But I take strong exception to the fact that she's
been acting in her capacity as Assistant City Attorney. She lives in that area, and she just
happens to be a resident who happens to be an Assistant City Attorney. And I think that she
should be able to defend and advocate her position, irrespective of the fact that she just happens
to be an Assistant City Attorney. I am in no way sanctioning any action in that regard. She's
here solely in her personal capacity.
Mr. Price: Mr. Jones, I did not say she was acting as an Assistant City Attorney. I said she has a
position of an Assistant City Attorney.
Mr. Jones: Well, I don't... I stand corrected, but I could have sworn that that's what you said,
that she had acted...
Mr. Price: Well, I apologize if I did say that. But once again, as I stated on the record, I must
preserve this point, that an attorney who represents the City should not be appearing...
313 February 9, 1995
Mr. Jones: Well, that's the same thing you're saying. You're saying that because she represents
the City that she has no business appearing before this Commission in her personal capacity.
And she has that right.
Mr. Price: That's exactly what I'm saying.
Mayor Clark: Listen. Wait a minute, Quinn.
Mr. Jones: OK. Well, I'm saying she has that right. I mean, if you lived in a neighborhood, and
you had a problem, and because you were an Assistant County Attorney, or whatever the case
might be, that does not preclude you from coming forth in your personal capacity as a citizen, as
a resident, and advancing your right. So I don't know what you're arguing about. There's
nothing to argue about.
Mayor Clark: Well, just relax.
Mr. Price: Mr. Jones, that is your opinion. I have raised an objection, that's all. You may
disagree with my...
Vice Mayor Plummer: Can I ask a question. Does she live within the 375-foot parameter?
Ms. Maria Ortiz: I live... My name is Maria Ortiz, and I reside at 2540 Southwest 11th Street,
almost right in front of the property in question.
Vice Mayor Plummer: You live there yourself.
Ms. Ortiz: Yes. I have lived there for more than the past two years.
Vice Mayor Plummer: And you are here as a resident and a taxpayer, representing yourself in
this matter.
Ms. Ortiz: I'm coming here because I reside there, and my mother is the property owner, as is
my uncle. And I'm here speaking on their behalf, as well as a spokesperson for several of the
neighbors.
Vice Mayor Plummer: And the only ones you're representing are yourself and your mother.
Mr. Ortiz: Yes.
Vice Mayor Plummer: And I assume it is pro bono.
Ms. Ortiz: Definitely.
Vice Mayor Plummer: And I assume that it was approved by the City Attorney.
Ms. Ortiz: Yes, that's correct.
Vice Mayor Plummer: OK.
Ms. Ortiz: Furthermore, if I may say something further.
Vice Mayor Plummer: No, not now. You'll get your chance.
314 February 9, 1995
Mayor Clark: You'll have a chance.
Ms. Ortiz: OK.
Mr. Price: I've raised an objection to the record, that's all. If the City Attorney rules that way,
fine. I move on. Basically, what we will demonstrate to the Commission today, that we believe
that the professional staff is in error in regard to their recommendation; that their
characterization of this as a stable, residential neighborhood is barred by the fact of the public
records relating to enforcement records on this specific block, and in this area. And what we are
suggesting, that based upon the complaints lodged by the neighboring property owners, this
facility and this application will address all of the concerns. We have, and we will proffer today
a declaration of restrictive covenant, limiting this facility through housing for the elderly project.
The neighbors have complained there are too many children in the area, that the garbage pickup
is being dumped on this property, the property is not maintained. The record will be maintained
that the front of this property is a constant dumping ground. It's a major trash pickup area for
the area. And when the citizens in the area need major items picked up by the garbage,
unfortunately, right in front of our property is the major reception area for that type of garbage in
the community. In addition, once again, I think once you understand the nature of the violations
in this area, there is, obviously, an increased pressure to change the character of this area. What
we are proposing as part of this application is a minimal impact upon this community, the most
minimal impact that you could have on this type of zoning application. I'd like to turn this over
briefly to Ms. Leiva, and I'd like to reserve some time for rebuttal.
Ms. Vicky Leiva: Good evening, members of the Commission. My name is Vicky Leiva, with
offices at 701 Brickell Avenue. What you have before you is an application for a comprehensive
plan amendment, accompanied by a rezoning from the current duplex to multi -housing. It's an
R-2 area right now. We're requesting R-3. This property was approved for construction in 1982
by this Commission for duplexes. These are two-story duplexes, one unit over the other, and
four individual apartment units, or four buildings. What the applicant is proposing is to
restructure within the same four buildings the current three -bedroom duplexes to smaller units,
preferably one -bedroom units. In 1982, when this property was built, there was a completely
different economic climate, and the possibility of renting these units was very feasible. With the
change in the neighborhood, these units are expensive by the needs of the individuals who live in
that community, and what is occurring and presenting a problem to our client and its... What is
i affecting the neighbors as a problem is that when individuals come to rent from the applicant,
they come as a family of four, usually parents and two children, for the three -bedroom units. So
after moving in, they find themselves unable to pay the rental on that size of unit, and then they
1 sublet bedrooms within their units to other individuals. By the time the client becomes aware of
this and tries to remove or evict the individuals, there's been more individuals living in the
facility, creating more traffic, creating more parking, creating more going and coming, exactly
the problems and complaints that the neighbors have. What we are suggesting to do is to,
number one, restructure within the same building, and with minimal change to the outside of the
existing structure to one -bedroom apartments. As part of that restructuring, we would have
sufficient capacity on the grounds to provide the parking for those smaller units. We would also
have a small unit that could be easily turned over to a resident manager for the apartments. With
the units as large and as costly as they are now, the applicant cannot afford to turn over one of
those units for an on -site manager, but with the smaller units, that would be feasible. So some of
the concerns that the neighbors have, again, would be addressed by having someone right on the
premises that can address any problems that arise. There would also be space for indoor
recreation. But more important would be the dedication of this new facility to the elderly,
strictly to the elderly, individuals over 55 years of age. This would diminish the overactivity that
the neighbors complain of in the current site. This would also create a more conforming
environment with the remainder of the neighborhood. To that effect, we sent out a brochure to
see what would be the response or the need in the community. One of the problems that we have
315 February 9, 1995
in the City of Miami is that our comprehensive master plan does not address housing for the
elderly. In fact, your Zoning Board has directed staff to look into creating this as a component of
the comprehensive master plan, and we have received a letter from Mr. Sergio Rodriguez,
addressing the fact that your comprehensive plan will be amended to include housing for the
elderly. But in the meantime, we are submitting for the record over 200 letters that have been
received from members of your community, and particularly, the Little Havana neighborhood
and area, requesting an opportunity to be part of this elderly complex, and claiming their needs
for this type of housing and services for the elderly in the area. We will be submitting that into
the record. We also have signatures from 167 individuals, again in the same area, who are in
support of this application and this change. We will submit that into the record. Therefore, we
have tried repeatedly to communicate with the neighbors. We have written them three different
letters. I have, myself, spoken to their attorney on several occasions, and we have requested the
opportunity that they negotiate with us, expressing to them the fact that the very things they
complain about, they can, in fact, negotiate with our client, and come to some agreement, and
utilize the opportunity for this hearing and for a covenant, to make sure that they can add
whatever conditions they feel are necessary to make the use compatible with their neighborhood.
Every time we have approached them, they have refused to negotiate with us. We also have, for
the record, affidavits from two individuals in the neighborhood, one who has, in the affidavit,
sworn to the fact that individuals who do not live on these premises use the parking of this
duplex structure right now to park overnight, and we will submit that affidavit into the record, as
well as an affidavit from one of the duplex... one of the duplex tenants who actually observed a
neighbor from across the street bringing and dumping their construction debris into this
particular area right outside our apartment. And I think all of you are familiar with the heavy
trash that is put in the swale area. This area, because it is a duplex area, and the parking is in
front of all the duplexes up and down the street, and because there has been a substantial number
of duplexes converted, some legally and some illegally, into additional units, the Swale area up
and down the street is almost completely paved. Therefore, the usual receptacle for trash that is
in front of most homes, in this particular block is all concentrated, because the only swale area is
right outside of our client's property. That's the reason why the dumping for almost the entire
street is brought by all the neighbors to the street... to that spot. So you will hear complaints
about the trash, but you will have an affidavit that, in fact, neighbors from the entire block are
using this particular trash site. Having put that on the record, we... Yes, we will also enter into
the record five notices of violations of illegal conversions in that particular street. These are
cases that have gone before your Code Enforcement Board, and that substantiate the fact that the
neighbors are, in fact, converting their duplex units to multi -units, without the benefit of
application for that purpose.
Mayor Clark: All right.
Vice Mayor Plummer: Let me ask a question. Presently, there are two duplexes in question, or
more?
Ms. Leiva: There's four units, four buildings with two duplexes in each. So we have eight units
there right now.
Vice Mayor Plummer: OK. If this were to change, how many units would be allowed under a
change of zoning?
Mr. Rodriguez: I'm sorry.
Vice Mayor Plummer: There are four buildings with eight units presently.
Mr. Rodriguez: Right.
316 February 9, 1995
Vice Mayor Plummer: If this changed, to what would it be allowed? Would it be 16 units?
Mr. Rodriguez: Multifamily, it could be up to 65 per acre, so...
Vice Mayor Plummer: That doesn't tell me anything.
Mr. Rodriguez: I know. I'm trying to figure out how much is the acreage of this area.
Mayor Clark: Probably about 30, 35 units.
Mr. Rodriguez: But I would say probably, they can have as many as 32 units, or even more.
Vice Mayor Plummer: OK. In this particular property, is there a provision where they could
actually put 32, with the parking requirements?
Mayor Clark: Yeah, put it up.
Mr. Rodriguez: That's what I think they are searching for, the idea of the elderly, because if you
go through elderly housing, you can have a reduction of parking.
Vice Mayor Plummer: Well, but, you know, I...
Mr. Rodriguez: That's what I'm saying. I mean...
Vice Mayor Plummer: I think the fear here, or my fear would be, of tearing these places down,
and then you can go up. That, I think, is the fear here. Now, if that is the fear, and they're
saying, no, that's not going to happen, and they're willing to give a covenant saying, no, that's
not going to happen, then that's a different ball game. And I think, you know... I'm trying to
find a common ground, OK?
Mr. Rodriguez: Yeah. Part of the fear, I think, Commissioner, is that in the past, there have
been illegal conversions. There have been construction, and separating the apartments into
illegal units in the past.
Mayor Clark: OK. Let's hear from the opponents right now.
Commissioner Gort: It's spot zoning.
Vice Mayor Plummer: No, it's... Wait a minute, excuse me. Is there not... Did not somebody
hear me say that there was contiguous R-3 zoning? It's not spot zoning.
Mr. Rodriguez: It's contiguous, right. It's contiguous to the property to the north.
Vice Mayor Plummer: OK. All right.
Mayor Clark: All right. Give us your name and address, for the record.
Ms. Ortiz: My name is Maria Ortiz, and I reside at 2540 Southwest 11th Street. Mayor and
members of the Commission before I begin, I would like to state something with regards to the
objection brought by Attorney Price as to my employer, and that is...
Mayor Clark: You don't have to do that. That's forgotten now. Go ahead. Present your case.
Ms. Ortiz: OK. The property owners that I represent, and who have signed petitions which have
been submitted to both the Planning Advisory Board, and the Zoning Board, and members who
317 February 9, 1995
are here today, could you please stand up. We are opposed to this change which is being
requested on the subject property, because we feel it would be detrimental to the neighborhood.
We feel that it is a duplex, and a single-family residential area, and that to convert it into what is
proposed by the applicant would not be beneficial for many reasons: Parking, garbage, reasons
they have stated, and many more. We feel that, as I've stated before, we have no objection to
whom they want to rent. We don't care if they rent to the elderly. We don't care if they are
children. They are putting words in our mouth. We have said it more than once, they are free to
rent to whomever they desire. But what we don't want is more units, because they don't even
take care of the units they have now. The reason that... What they are trying to do is make legal
something which is illegal, because they were cited by the Code Enforcement Board for having
illegal units, and were completed without a permit, building, and/or roofing, and are being fined
$150 until they comply. So they are trying to legalize this situation which they created
themselves. If there are other violations in the neighborhood, which there may be or there might
not be - you know, apparently, they have notices of violation - I don't see what relevance that
has to this property. Just because other people are violating the law, and converting duplexes
into efficiencies, or whatnot, that does not mean that it should be approved. So if a lot of people
decide to go out and kill, everybody else can do it? I don't think so. We feel that there's a lot of
problems with this property, because it is not well maintained, because of the number of people
living there. Right now, there are more... It appears that there are more people living, more
families living than should be, and even the City is having problems enforcing this situation,
which they have created. We have no trust in a covenant or anything of that nature, because if
more than a year has gone by, the Code Enforcement Board... The violation, the notice of
violation was mailed on December of '93. More than one year has gone by, and I think they still
have till June of this year to comply. Furthermore, there are even signs on the property outside
of people saying that they do alterations and all kinds of things. They're conducting businesses
inside the subject property, and we don't see any enforcement. Another thing I want to bring to
your attention is the fact that in '82, October 18 of '82, the Zoning Board already granted a
conditional use for a planned unit nature for eight dwelling units, so it's not like they haven't
been here before. They already obtained something back in '82. And now, they want to keep
deteriorating the neighborhood till it becomes what they want, which is not necessarily what the
neighbors want, because we live there.
Mayor Clark: Miss, wait a minute, wait a minute. Slow down, slow down, will you?
Ms. Ortiz: Yeah.
Mayor Clark: We're not in a race. We can understand you better.
Ms. Ortiz: As far as the affidavits that they have brought here today and the letters, I really don't
know if it is permitted for them to present this at this time, and I would like to know if those
were available in the files prior to today for...
Mayor Clark: They have the right to present them, yes. They may present them.
Vice Mayor Plummer: They're now a part of the record.
Mr. Ortiz: And basically, that's it. We just want, you know, you to know that both your
Planning Advisory Board and the Zoning Board, as you well know, voted unanimously against
denial of this application, and we feel very strongly that this would not be beneficial to our
neighborhood. Thank you.
Mayor Clark: All right. Thank you.
Vice Mayor Plummer: Question. What is present...
318 February 9, 1995
Mayor Clark: Wait, wait, the gentleman is...
Vice Mayor Plummer: Oh, I'm sorry.
Mr. Joel Maxwell (Assistant City Attorney): Ms. Ortiz' question is obviously getting at the
Snyder decision, and whether or not she should have an opportunity to review the information
that was proposed.
Mayor Clark: It's all public record.
Mr. Maxwell: It's a matter of public records now, Mr. Mayor, but because of recent court
decisions, they have an opportunity to cross-examine, and to respond, to rebut that information.
If they haven't had an opportunity to see that information, and digest it, and you use it as part of
your basis, then there is potential there for it being used as a basis for reversing your decision.
Vice Mayor Plummer: Well, what are you saying? Are we... Since... Wait a minute. Are you
saying because that was just presented that we should defer?
Mr. Maxwell: Well, you can do two things. One, you can... The information of names, and all
that information there, you can not include it in the record, refuse to accept it into the record, or
you can continue this item and give them an opportunity to look at that information.
Vice Mayor Plummer: Well, tell us what you're recommending.
Mr. Maxwell: I suggest they be given an opportunity to look through what was presented.
Vice Mayor Plummer: Well, that's what we said before. Right?
Mr. Maxwell: Well, Mr. Mayor... The Mayor just said it's part of the record.
Mayor Clark: They have an opportunity, but when they present information like this, you can't
turn it down and say, well, come back another day. I think I know the law as good as anybody
does.
Mr. Maxwell: Mr. Mayor, I beg to differ with you. Things...
Mayor Clark: Well, Mr. Price...
Mr. Maxwell: Things have changed to the extent that they have an opportunity.
Mayor Clark: Mr. Price... We've gone through this 100,000 times, Joel.
Mr. Maxwell: Yeah. Now...
Mayor Clark: Did I make a mistake by admitting that into the record?
Mr. Price: I do not see how this rises to the level of a Jennings situation or a Snyder situation.
It's presented here at the public hearing, just as the people can stand up and indicate their
opposition to this project.
Mr. Maxwell: What I would suggest you do, Mr. Price, is to indicate what the information was.
Mr. Price: OK. It is... It is... Number one...
319 February 9, 1995
Mayor Clark: He said what it was.
Mr. Price: ... a petition form, indicating that they are supporting this application, which is a
traditional document filed in the zoning proceeding. As long as it's not filed to the
Commissioners before the hearing, there is no Jennings issue, and there':, no Snyder issue. The
second aspect is the questionnaire that was distributed to the Commission tonight, asking people
in the area whether they would have an interest in a housing for the elderly project at this
location. And we asked the people if they had an interest, please tear off the bottom of that sheet
and submit it back to our address, and we would submit it to the City Commission. That's what
the document provides.
Mr. Maxwell: And that is exactly what your job is, Mr. Price, and it's not the City Attorney's
job. Now, you've just indicated on the record what that is, and it's obviously something she can
respond to, without having to seek a deferment.
Mayor Clark: All right. Respond.
Mr. Maxwell: But it's not our job to bring that up.
Mr. Price: But she did do...
Vice Mayor Plummer: Well, didn't she, likewise, say that she has a petition of names...
Ms. Ortiz: Yes, but...
Vice Mayor Plummer: And she hasn't presented that so she has the opportunity to respond. I
mean, you know, it's got to be an interest of fairness of here somewhere.
Mr. Ortiz: May I say something? I did submit it more than two weeks before the boards met,
because I knew they had to be a part of the record, and I could not present them at the board.
OK?
Mayor Clark: I don't think...
Commissioner Dawkins: Mr. Mayor...
Ms. Ortiz: And I don't normally do this type of law.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mr. Mayor, you know, if we're being fair, we cannot allow... Me, I
don't think, I would not allow Mr. Price to put something up here, and tell me he wants this in
the record without the opposing side being able to have had it, to be able to go out and check, to
ensure that these are legal residents, to be sure that the people... what's down there is true. I
mean, it's unfair to let him - in my opinion, that is - to allow him to put this over here and say,
here, this is gospel, and they don't have the chance to go out and check if it's the gospel or not.
Mayor Clark: I've never heard of this before, and I've gone through it for 25 years.
Vice Mayor Plummer: Neither have I.
Commissioner Dawkins: But, you see, I haven't been in this 25 years, so I don't have the wealth
of experience...
320 February 9, 1995
Mayor Clark: I have...
Commissioner Dawkins: I don't have the wealth of experience that you have. Therefore, I have
to attempt to get an understanding so that I can interact, the same way as you interacted, with all
your experiences.
Mayor Clark: Until Mr. Maxwell brought this up, I had never heard this question before in my
life with the City and... Have you, J.L.?
Vice Mayor Plummer: No, sir, I... you know... because we're going to have to change some
rules around here. And what I'm hearing you say is that nothing can be discussed here that
hasn't previously been surrendered for the - what is it in the O.J. trial? - no surprises? Is that...
Mr. Maxwell: Everything.
A. Quinn Jones, III, Esq. (City Attorney): No, that's criminal. That's criminal.
Vice Mayor Plummer: Well, this is criminal, keeping us here without...
Mr. Maxwell: What happens is now... As a result... As a result of...
Vice Mayor Plummer: Again, what do you want to do? You want to defer this damn thing?
Let's do it and get it over with, or let's go with it. Let's do something.
Mr. Price: I think the... Mr....
Vice Mayor Plummer: I'm not asking you, sir. I'm asking the City Attorney.
Mr. Price: OK.
Mr. Maxwell: Well, first of all, let me address your concerns about things having changed. As a
result of the dual effect of Jennings and Snyder, things are different, and now, you can't do
anything that's not, in fact, on the record, and you can't, as you know, you can't meet with these
people, you can't receive any information, you can't do anything like that, and that's what
different. And when information is placed into the record, the other side has an opportunity to
rebut that. If they aren't given reasonable time to rebut that, there can be a violation at that
point.
Mayor Clark: I move to defer this item for 30 days. That will give you plenty of time to look at
all the records.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Well, I...
Mayor Clark: With no exception...
Vice Mayor Plummer: Under discussion. Mr. Mayor, if what I'm hearing, then I think we need
to include in a zoning application that wording that says that unless you surrender documents,
prior to the hearing, you cannot bring up any new discussion documents at the hearing, if that's
the case.
Mr. Maxwell: We would certainly support that.
321 February 9, 1995
Vice Mayor Plummer: Well, no, let's do it so we don't have this thing in our craw again. I have
no objection. Stanley, you're going to get deferred. OK?
Mr. Price: Yeah. Well, I...
Vice Mayor Plummer: You're going to get deferred.
Ms. Ortiz: May I ask...
Vice Mayor Plummer: Now, I only have one question to ask, and I've tried to ask all the way
along. The abutting R-3 property, I would like to know at the next hearing, what's on that
property. Is it multi -use? I'd like to know that. I don't need to know it now. I... That's one of
the things. I don't want you to have to say at the next meeting I got to defer to get the answer.
THEREUPON, ON MOTION DULY MADE BY MAYOR
CLARK AND SECONDED BY COMMISSIONER DAWKINS,
ITEM PZ-20 WAS CONTINUED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: That's the end of the agenda, and have a good evening, folks.
----------------------------------------------------------------------------------------------------------------
87. SCHEDULE SECOND REGULAR COMMISSION MEETING (PLANNING
AND ZONING ITEMS) ON FEBRUARY 23RD TO COMMENCE AT 3:00
P.M.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, one other thing, Mr. Mayor. You need
to address one issue, Mr. Mayor, not on this.
Mayor Clark: Sir?
Mr. Maxwell: Your meeting for February the 23rd... Is that the correct date?
Mayor Clark: Thirty days, I said.
Vice Mayor Plummer: Twenty-third.
Mr. Sergio Rodriguez (Assistant City Manager): February 23rd, start.
Mr. Maxwell: February 23rd, you need to...
322 February 9, 1995
Commissioner Dawkins: To vote.
Mr. Maxwell: ... indicate on the record and vote on the time of the meeting, starting at three
o'clock.
Mayor Clark: Call the roll.
Mr. Rodriguez: Three p.m.
Mr. Maxwell: Three o'clock p.m.
Vice Mayor Plummer: So move. I got yours here.
Mayor Clark: Call the roll.
Vice Mayor Plummer: I'll get accused that they're my pockets, but they're yours.
Commissioner Dawkins: Where's the one you want me to bring up, Al?
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-143
A RESOLUTION SCHEDULING THE SECOND REGULAR COMMISSION
MEETING ON FEBRUARY 23, 1995 TO COMMENCE AT 3:00 P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES; Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
323 February 9, 1995
----------------------------------------------------------------------------------------------------------------
88. DISCUSSION CONCERNING SIDEWALK CAFE PERMITS IN COCONUT
GROVE -- REFER TO PUBLIC WORKS.
Commissioner De Yurre: Mr. Mayor, I got a couple of pockets here, whenever you're ready.
Mayor Clark: I wish our Law Department was as efficient in everything else as they are in
zoning.
Commissioner Dawkins: Go ahead, Commissioner De Yurre.
Commissioner De Yurre: Mr. Mayor, I received, and my fellow Commissioners, I received a
visit and several phone calls from a number of the restaurants in the Coconut Grove area,
where... And it is true that business has gone down significantly over the last year from what it
was a couple of years ago. And they're having a problem. They're asking for a lot more, but
particularly, they're having a problem coming up with a one shot payment of their street... of the
rental of the sidewalk, and they would like to restructure that into maybe quarterly payments.
Mayor Clark: Well, get back with the Finance Director.
Vice Mayor Plummer: Well, that's what I would suggest, because, you know...
Commissioner De Yurre: Well, since it was an ordinance, we would have to change it here at
this level.
Vice Mayor Plummer: Well, I would still want to take it back for hearing before the Planning
and Zoning Board. That's where it came from, and I think we need the built-in...
Mr. Jim Kay: No, no, no. It just... It came with... The Director from Public Works to establish
fees.
Vice Mayor Plummer: Oh, Public Works, all right.
Mr. Sergio Rodriguez (Assistant City Manager): It's an amendment to the Code, yeah.
Vice Mayor Plummer: Hey, you know, they're using public right-of-way, and I don't know
what the advantage of paying by the month instead of the year is. It would seem like to me...
Commissioner De Yurre: Or quarterly. Well, you don't have to come up with $15,000 in one
shot. That's the advantage.
Vice Mayor Plummer: Well, that's better for us to get it monthly. OK?
Commissioner De Yurre: And some of them pay that much.
Vice Mayor Plummer: And reduction of the dollar per square foot, I don't know how much you
were going to reduce it, but I think that it's got to be some kind of a hearing to let us know what
would be recommended.
Mayor Clark: All right. That's one thing.
324 February 9, 1995
Vice Mayor Plummer: It's franchise, Move it to send it to the Public Works, Victor, and I'll
second it.
Commissioner De Yurre: So do it.
END OF DISCUSSION -- ISSUE REFERRED TO ADMINISTRATION
--------------------------------------------------------------- ------------------------------------------------
89. DIRECT MANAGER TO TAKE STEPS NECESSARY TO DETERMINE
FEASIBILITY OF PURCHASING 12 BUILDINGS ON SEVEN NON-
CONTIGUOUS PARCELS IN OVERTOWN DEVELOPMENT TARGET
AREA, IN CONNECTION WITH AFFORDABLE HOUSING
DEVELOPMENT PROGRAM -- REPORT FINDINGS AT MARCH 9TH
COMMISSION MEETING.
Mayor Clark: What else do we have?
Commissioner De Yurre: Mr. Mayor, also, I have here a resolution directing the Administration
to begin negotiations for the acquisition of apartments for refurbishing, for redevelopment, and it
reads as follows:
"A resolution with attachment, directing the City Manager to take whatever steps
are necessary to determine the feasibility of purchasing 12 buildings on seven
non-contiguous parcels of the Overtown Development target area, more
particularly described in exhibits that are attached, to be used for the development
of housing, in connection with the City's Affordable Housing Development
Program, and to report his findings to the City Commission at its meeting of
March 9, 1995."
Mayor Clark: OK. Second. Cast a unanimous ballot.
Vice Mayor Plummer: All you're doing there is sending to him to negotiate.
Commissioner Gort: Right.
Commissioner De Yurre: That's right, to look into it.
Vice Mayor Plummer: And come back, and give us final answers.
Commissioner De Yurre: Yeah.
325 February 9, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-144
A RESOLUTION, WITH ATTACHMENT, DIRECTING THE CITY MANAGER TO
TAKE WHATEVER STEPS ARE NECESSARY TO DETERMINE THE
FEASIBILITY OF PURCHASING TWELVE (12) BUILDINGS ON SEVEN () NON-
CONTIGUOUS PARCELS IN THE OVERTOWN DEVELOPMENT TARGET AREA,
WHICH ARE IDENTIFIED BY ADDRESS IN THE ATTACHED EXHIBIT "A", TO
BE USED FOR THE DEVELOPMENT OF HOUSING IN CONNECTION WITH THE
CITY'S AFFORDABLE HOUSING DEVELOPMENT PROGRAM AND TO REPORT
HIS FINDINGS TO THE CITY COMMISSION AT ITS MEETING OF MARCH 9,
1995.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
90. DISCUSSION CONCERNING FORECLOSURE ON TEATRO MARTI. (See
label 96)
Commissioner De Yurre: And lastly, Mr. Mayor, I have here, again, Mr. Capote, from Teatro
Marti, who's going to make a last stab at...
Vice Mayor Plummer: No, no, you only get two.
Commissioner De Yurre: I know. That's
would like... He owes the City $200,000.
Mayor Clark: We know.
I can't count that well. Mr. Capote, you're on. He
Commissioner De Yurre: And he's about to be foreclosed on his property. He's...
Mayor Clark: Give him your credit card.
Commissioner De Yurre: Yeah. I don't think it runs that high. He needs for... He's seeking for
us to cover the $200,000 that he owes on the first and second, so then he can just owe the
$400,000 to the City. So he is here. He needs Mr. Odio to translate for him, and take a stab at it.
326 February 9, 1995
Mr. Cesar Odio (City Manager): No, no. Let me translate it in English. I... Commissioner...
Vice Mayor Plummer: Let me go on the record, because somebody has said to this man that
Plummer is his problem.
Mr. Odio: I told him yes... Wait, wait, excuse me. I...
Vice Mayor Plummer: No, no. I want to... I want to establish...
Commissioner Dawkins: You are.
Mr. Odio: You... They asked me a question.
Vice Mayor Plummer: Do you come before me now?
Mr. Odio: Yes.
Vice Mayor Plummer: You know what you can do? I want to be on the record that whoever has
said to this man that Plummer is his problem is an absolute liar. Plummer is concerned about
City dollars, and if that is, in fact, a problem, so be it.
Mayor Clark: Thank you.
Vice Mayor Plummer. But I want that record clear.
Mr. Odio: Let me tell him in English first that his problem is with me, not you. I told him
yesterday I don't have this kind of money. We, the City, cannot do this now. And every single
staffer has told me that we cannot do this, and I have to recommend strongly that we cannot do
this anymore. We cannot throw any more money into the black hole. Besides, we don't have
the money.
Mayor Clark: OK. There's no sense in going through this a dozen... We've gone through it
three times now that I know of.
Mr. Odio: And I told him yesterday, himself and whoever was with him.
Mayor Clark: Who brought him here tonight? Victor? All right, you handle it, buddy. You
brought him here. You handle it.
Commissioner De Yurre: I just wanted...
Mayor Clark: What else do we have?
Commissioner De Yurre: I just wanted to give him a chance to speak, that's all.
END OF DISCUSSION -- NO ACTION TAKEN
327 February 9, 1995
----------------------------------- ----------------------------------------------------------------------------
91. RESCIND RESOLUTION 94-734 (WHEREBY CONSTRUCTION OF A
BASKETBALL COURT IN VIRRICK PARK BY AGILE COURTS
CONSTRUCTION COMPANY, INC. WAS AUTHORIZED) -- APPROVE
CONSTRUCTION OF BASKETBALL COURT IN VIRRICK PARK, FOR
DEPARTMENT OF PARKS AND RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95), BY AAA COURTS, INC. --
ALLOCATE $27,639 (CIP 331316).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: A resolution rescinding in its entirety Resolution No. 94-734, adopted
October 27, '94, by... Whereas the construction of a basketball court in Virrick Park by Agile
Courts Construction Company, Inc. was authorized, approving the construction of a basketball
court in Virrick Park for the Department of Parks and Recreation, under existing Dade County
Contract No. 1153-0/95 by AAA Courts, Inc., at a total proposed amount of $27,639, allocating
funds therefore from the Capital Improvement Project No. 331316, Account Code No. 589301-
830, authorizing the City Manager to instruct the Chief Procurement Officer to issue purchase
for said purpose. This comes as a recommendation and demand by the City Manager. I so
move.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-145
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-734,
ADOPTED OCTOBER 27, 1994, WHEREBY THE CONSTRUCTION OF A
BASKETBALL COURT IN VIRRICK PARK BY AGILE COURTS CONSTRUCTION
COMPANY, INC. WAS AUTHORIZED; APPROVING THE CONSTRUCTION OF A
BASKETBALL COURT IN VIRRICK PARK FOR THE DEPARTMENT OF PARKS
AND RECREATION, UNDER EXISTING DADE COUNTY CONTRACT NO. 1153-
0/95, BY AAA COURTS, INC., AT A TOTAL PROPOSED AMOUNT OF $27,639.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 331316, ACCOUNT CODE NO 589301-830; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
328 February 9, 1995
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------- -------------------------------------------------------------------------
92. DIRECT MANAGER TO TAKE STEPS TO SELL THE OLD POLICE
STATION KNOWN AS THE MUNICIPAL JUSTICE BUILDING (1145 N.W.
12 STREET) -- INSTRUCT MANAGER TO INFORM CURRENT TENANTS
TO VACATE PREMISES WHEN NEGOTIATIONS FOR SALE ARE
COMPLETE.
Vice Mayor Plummer: Mr. Manager... Mr. Mayor.
Mayor Clark: What else do you have?
Vice Mayor Plummer: The negotiation which we had with the health...
Mr. Odio: CHT, yes, sir. This is important.
Vice Mayor Plummer: CHT. We negotiated in good faith. They had concurred, and agreed to,
and now, have said they cannot. The Manager has asked, and I concur with the Manager that we
should now tell the Manager to go and... to prepare the piece of property known as the old police
station for sale, the Municipal Justice Building for sale, to bring back to this Commission...
Mr. Odio: Lease or development...
Vice Mayor Plummer: Whatever.
Mr. Odio: Somebody told me a good idea the other day. I know it's late. That we could build
medical offices there.
Vice Mayor Plummer: I so move, Mr. Mayor.
Commissioner Dawkins: Second. We'll discuss it later. Second.
Vice Mayor Plummer: What?
Commissioner Dawkins: Second. We'll discuss... Let's move it and...
Vice Mayor Plummer: I moved it.
329 February 9, 1995
Commissioner Dawkins: I seconded it.
Mr. Odio: Are you instructing me that I can tell them that they have to vacate that building as
soon as we find something else to do there?
Vice Mayor Plummer: I move it.
Mr. Odio: OK.
Vice Mayor Plummer: OK?
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-146
A RESOLUTION DIRECTING THE CITY MANAGER TO INITIATE THE
NECESSARY ACTIONS TO LEASE, SELL OR DEVELOP THE CITY -OWNED
MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145 N.W. 12TH STREET,
MIAMI, FLORIDA, AND TO INFORM CURRENT TENANTS TO VACATE SAID
PREMISES AT SUCH TIME AS DISPOSITION OF THE PROPERTY IS
DETERMINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
330 February 9, 1995
----------------------------------------------------------------------------------------------------------------
93. ACCEPT BID: GREATER MIAMI CATERERS, INC. -- FOR FURNISHING
DAILY HOT MEALS TO PARTICIPANTS IN DAY-CARE AND
PRESCHOOL PROGRAMS -- FOR DEPARTMENT OF PARKS AND
RECREATION -- ALLOCATE $99,258.70 -- EXTEND CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
Mayor Clark: Willy.
Commissioner Gort: Mr. Mayor, I know you're all tired, and all but I'd like to go back to this
item and ask one question and see if it can possible... not related to this item. We need to vote
on this or...
Vice Mayor Plummer: What is that, Willy?
Mayor Clark: We're finished with that one.
Mayor Clark: You got something else, Al?
Mr. Alberto Ruder: Yeah, I think Commissioner...
Commissioner Dawkins: Yeah, mm-hmm, I got one.
Vice Mayor Plummer: Miller stole it.
Commissioner Dawkins: I have one.
Mayor Clark: Let's hear it.
Vice Mayor Plummer: Yeah, good. I'm glad.
Mayor Clark: Let's hear it.
Commissioner Dawkins: All right. A resolution accepting the bid of Greater Miami Caterers,
Inc., for furnishing daily hot meals to participants in the City daycare and preschool programs
for the Department of Parks and Recreation, on a contract basis, for one year, with the option to
extend for an additional one-year period, for a total proposed first year cost of $99,000,
allocating funds thereof from the Parks and Recreation Department general fund account
number, authorizing the City Manager to instruct the Chief Procurement Officer to issue a
purchase order to cover said services. Is this the summer feeding program?
Mr. Al Ruder: No. This is the regular daycare program through the year.
Mr. Odio: No. It's for the regular daycare.
Commissioner Dawkins: Regular daycare.
Mayor Clark: Now, this option is on our part, not on the provider's part.
Vice Mayor Plummer: Did this go out to a bid?
331 February 9, 1995
,7.
Commissioner Dawkins: Yes, sir. Yes, sir, the option is on our part.
Vice Mayor Plummer: Did this go out to a bid?
Mr. Ruder: Yes.
Vice Mayor Plummer: And this was the lowest bid.
Mr. Ruder: This was the only bidder, and the only one approved by the State to provide these
services.
Vice Mayor Plummer: Ha -ha-ha. And how much is it?
Commissioner Dawkins: Ninety-nine thousand, two hundred and fifty-eight dollars.
Mr. Ruder: And we're being reimbursed through a grant.
Vice Mayor Plummer: Well, that's not my point, Al. In a town that is hungry for business, we
only get one bidder on a $100,000 contract. With all the caterers that I know that are around,
something...
Mayor Clark: Go into business.
Commissioner Dawkins: The regulations and what have you... No, no, no. That's all we got.
That's all.
Mayor Clark: Motion and a second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-147
A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI CATERERS, INC.,
FOR FURNISHING DAILY HOT MEALS TO PARTICIPANTS IN THE DAY-CARE
AND PRE-SCHOOL PROGRAMS FOR THE DEPARTMENT OF PARKS AND
RECREATION ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL
PROPOSED FIRST YEAR COST OF $99,258.70; ALLOCATING FUNDS
THEREFOR FROM THE PARKS AND RECREATION DEPARTMENT GENERAL
FUND, ACCOUNT CODE NO. 058001-274; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE AND THEREAFTER TO EXTEND SAID CONTRACT
FOR AN ADDITIONAL ONE YEAR PERIOD, AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
332 February 9, 1995
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
94. RENAME FIRE STATION NO. 12 IN HONOR OF CHIEF JORDAN.
Commissioner Dawkins: All right. I have one more. Mr. Mayor and fellow Commissioners, I
would like to move that we instruct the Manager to get with the Fire Department and work out
the mechanisms for naming Station 12 in honor of Chief Jordan, since... And I would like to... I
so move.
Commissioner Gort: Second.
Mr. Cesar Odio (City Manager): Floyd Jordan. Chief Floyd Jordan.
Vice Mayor Plummer: God knows...
Mr. Odio: Twelve, right, 12?
Commissioner Dawkins: Yeah, Fire Station 12.
Mayor Clark: What's everybody here for tonight? A meeting?
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-148
A RESOLUTION NAMING FIRE STATION NO. 12 IN HONOR OF CHIEF FLOYD
JORDON.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
333 February 9, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
95. VICE MAYOR PLUMMER STIPULATES THAT NO CITY BUILDINGS
SHOULD BE NAMED IN HONOR OF PEOPLE WHILE THEY ARE STILL
ALIVE.
Commissioner De Yurre: I got a question, Mr. Mayor.
Vice Mayor Plummer: Well, Mr. Mayor, do we want... Let me ask you, do we want to consider
in the future, as the School Board did, that we don't want to name any more structures,
buildings, on people that are alive?
Commissioner Dawkins: No, we don't.
Vice Mayor Plummer: OK. I just asked.
Commissioner Gort: So move.
END OF DISCUSSION -- NO ACTION TAKEN
---------------------------------------- -----------------------------------------------------------------------
96. FURTHER COMMENTS CONCERNING TEATRO MARTI. (See label 90)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Anything further?
Commissioner Gort: Yeah. I got a question. The Capote building, my understanding is we had
put $200,000 in there. If we put another $200,000, we buy off the mortgage...
Commissioner Dawkins: What is that, Mr. Gort?
Commissioner Gort: The question that I'm asking, what was in front of us a little while ago, the
Capote.
Commissioner Dawkins: Oh, OK, OK.
Commissioner Gort: My understanding is the City has already given $200,000. The outstanding
mortgage is an additional $200,000. In other words... And Herb, this is a question to you. That
334 February 9, 1995
.h" �OWA
building, if we were to put the additional $200,000, and they would default to us, could we use
that for affordable housing, that corner?
Vice Mayor Plummer: They're not defaulted to us.
Mr. Herb Bailey (Assistant City Manager): The Teatro Marti Building, you're talking about?
Commissioner Gort: Yes, sir.
Mr. Bailey: If we get in first position, the default, then it's our building.
Vice Mayor Plummer: We don't have that, though.
Commissioner Gort: We don't have it right now.
Mr. Bailey: We don't have it now, but what he's getting to is a position to get to that property.
Vice Mayor Plummer: Yeah.
Commissioner Gort: My question is, would $400,000 be a fair price for that property, for
affordable housing?
Vice Mayor Plummer: No, it's... I remember...
Commissioner Dawkins: He didn't ask you. He asked Mr. Bailey. He asked Mr. Bailey.
Mr. Bailey: I've been to the property, and, Commissioner, that's kind of a difficult question,
because it all depends on whether we want to do new housing there, or retrofit. I would not
recommend a retrofit, because it's very expensive.
Mayor Clark: OK.
Mr. Bailey: To tear it down, we're talking about a considerable amount of money. Not to just
tear it down, but to build new, and then pay $400,000 for it.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
97. VICE MAYOR PLUMMER STATES THAT A VISIBLE CONSTRUCTION
PERMIT SHOULD BE REQUIRED FOR AT THE FRONT OF PROPERTIES
DOING WORK VALUED AT $500 OR MORE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Anything further?
Vice Mayor Plummer: On the record, I want to ask one question. Mr. Manager...
Mayor Clark: No.
Vice Mayor Plummer: ... is it right that any building construction must have a visible permit at
the front of the property?
335 February 9, 1995
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: Why is that not being enforced?
Mr. Odio: Where, sir? I wasn't paying attention. I'm sorry.
Vice Mayor Plummer: OK?
Mayor Clark: We don't have any building inspectors, that's the reason why.
Vice Mayor Plummer: OK. I just...
Mr. Odio: We will make sure... I'll notify the NET (Neighborhood Enhancement Team) offices
to go ahead and make sure that we're doing it.
Vice Mayor Plummer: In other words, if I understand correctly, under our Charter and our
Code...
Mr. Odio: It has to be visible outside.
Vice Mayor Plummer: Outside, visible.
Mr. Odio: Visible, a permit, covered by...
Vice Mayor Plummer: Anything that exceeds $500 in costs...
Mr. Odio: Must have a visible...
Vice Mayor Plummer: ... requires a permit, which should be visible at the very front of the
property.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: You got a lot to catch up with. And buddy, you're going to make a lot of
revenue if you start enforcing it.
336 February 9, 1995
END OF DISCUSSION -- NO ACTION TAKEN
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:32 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
337 February 9, 1995