HomeMy WebLinkAboutCC 1995-07-13 MinutesORA i
OF MEET ING HELD ON J U LY 13 $ 19 9 5
REGULAR & PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOF.MAN
CITY CLERK
Ili
r a-,
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INDEX
MINUTES OF REGULAR AND PLANNING & ZONING MEETING
July 13,1995
ITEM
PAGE
SUBJECT
LEGISLATION
NO.
NO.
1.
EXPRESS SYMPATHY AND CONDOLENCES
R 95-479
1-2
TO FAMILY AND FRIENDS OF JOSEPH
7/13/95
GRASSIE.
2.
CONSENT AGENDA -- MISCELLANEOUS
DISCUSSION
2-7
COMMENTS -- REINSTATE CA-14, CA-
7/13/95
17 & CA-18 -- DEFER CA-28 --
DIRECT ADMINISTRATION NOT TO
INCLUDE BIDDERS WHO ARE NOT
QUALIFIED ON BIDDERS LISTS IN
AGENDA PACKAGE.
2.1. ADD "LA PRENSA DE MIAMI"
(CONDITIONED UPON COMPLIANCE WITH
FLORIDA STATUTES, AND CITY
CHARTER / CODE PROVISIONS) TO
LIST OF PERMITTED NEWSPAPERS FOR
CITY ADVERTISEMENTS -- AMEND 94-
755.
2.2.
ACCEPT BID: RP ASSOCIATES -- FOR
FURNISHING ROTATIONAL STORAGE /
SHIPPING CASES (FOR FIRE -RESCUE
DEPT.) -- ALLOCATE $23,176.52
FROM CIP 313825.
2.3.
ACCEPT BID: MIAMI DISCOUNT
TOOLS -- FOR FURNISHING VARIOUS
BITS AND BLADES (FOR FIRE -RESCUE
DEPT.) -- ALLOCATE $5,679.45 FROM
CIP 313825.
2.4.
ACCEPT BID: TEN-8 FIRE
EQUIPMENT -- FOR FURNISHING
ELECTRICAL EQUIPMENT (FOR FIRE
RESCUE DEPT.) P.LLOCATE
$6,501.56 FROM CIP 313825.
2.5.
ACCEPT BID: AZARAT -- FOR
FURNISHING NOTEBOOK COMPUTERS AND
ACCESSORIES (FOR FIRE -RESCUE
DEPT.) -- ALLOCATE $13,102 FROM
CIP 313825.
R 95-480
7/13/95
R 95-481
7/13/95
R 95-482
7/13/95
R 95-483
7/13/95
R 95-484
7/13/95
7
9
r
2.6.
ACCEPT BID: HALLMARK FIRE
APPARATUS - FOR FURNISHING
HYDRAULIC EXTRICATION TOOLS (FOR
FIRE -RESCUE DEPT.) -- ALLOCATE
$15,156.35 FROM CIP 313825.
2.7.
ACCEPT BIDS: (1) IMA TOOL
DISTRIBUTOR ($3,757.50), (2)
HYDRAULIC SUPPLY, INC.
($22,852.93), AND (3) MATTHEW
OPPERMAN ($20,404.75) -- FOR
FURNISHING TOOLS AND EQUIPMENT
(FOR FIRE -RESCUE DEPT.) --
ALLOCATE $47,015.18 FROM CIP
313825.
2.8.
ACCEPT BID: SAFETY EQUIPMENT
CO. -- FOR FURNISHING FIREFIGHTER
PBI VENTILATING HOODS (FOR FIRE -
RESCUE DEPT.) -- ALLOCATE
$12,610.
2.9.
ACCEPT BID: ARGOS PURIFICATION
SYSTEMS -- FOR FURNISHING AND
MAINTENANCE OF INDUSTRIAL AIR
CLEANERS (FOR POLICE DEPT.) --
ALLOCATE $14,877.10 -- EXECUTE
CONTRACT.
2.10. ACCEPT BID: N.A. LAND
CLEARING -- FOR FURNISHING
DEMOLITION SERVICE TO A TWO-STORY
COMMERCIAL STRUCTURE (2111 N.W. 1
PLACE) (FOR PLANNING, BUILDING &
ZONING DEPT.) -- ALLOCATE $67,000
FROM CDBG DEMOLITION FUND.
2.11. ACCEPT BID: JD CREATIONS AND
MANUFACTURING -- FOR FURNISHING
OF EMPLOYEE SERVICE AWARDS (FOR
PERSONNEL MANAGEMENT DEPT.) --
ALLOCATE $9,096.
2.12. ACCEPT BID: PHOENIX WORLDWIDE
INDUSTRIES -- FOR FURNISHING ONE
UNMARKED PRISONER TRANSPORT VAN
(FORPOLICE DEPT.) -- ALLOCATE
$25,400.
R 95-485 9
7/13/95
R 95-486 10
7/13/95
R 95-487
7/13/95
R 95-488
7/13/95
R 95-489
7/13/95
R 95-490
7/13/95
R 95-491
7/13/95
4iLU,4-130
2.14 ACCEPT BID: ANACOMP INC. -- FOR
FURNISHING MICROFICHE AND
MICROFILM SERVICES (FOR FINANCE
DEPT.) -- ALLOCATE $35,000 --
EXECUTE CONTRACT.
2.15. ACCEPT BID: WARREN FENCE
COMPANY, INC. -- FOR FURNISHING
AND INSTALLATION OF CHAIN LINK
FENCING AT CHARLES HADLEY PARK
(FOR PARKS & RECREATION DEPT.) --
ALLOCATE $34,361 FROM CDBG FUNDS.
2.16. AUTHORIZE PURCHASE: COMPUTERS
AND PERIPHERALS (UNDER EXISTING
DADE COUNTY MICROCOMPUTER
CONTRACT NOS. 1059-10/93-1-OTR-CW
& 1941-2/96-2-OTR-CW) -- FROM
ENTEX INFORMATION SERVICES (FOR
OFFICE OF ASSET MANAGEMENT &
CAPITAL IMPROVEMENTS) -- ALLOCATE
$46,682.41.
2.17.
ACCEPT BID: UNISYS
CORPORATION -- FOR FURNISHING
COMPUTER EQUIPMENT FOR UNISYS A17
(UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-050-94-1) (FOR
FINANCE DEPT.) -- ALLOCATE
$35,000.
AUTHORIZE MIAMI POLICE DEPARTMENT
TO PARTICIPATE IN U.S. DEPARTMENT
OF JUSTICE'S MODULAR UNIT TRAILER
LOAN PROGRAM AND ACCEPT 12
F.E.M.A. TRAILERS -- EXECUTE
NECESSARY DOCUMENTS.
R 95-493 13
7/13/95
R 95-494 13
7/13/95
R 95-495
7/13/95
R 95-496
7/13/95
R 95-497
7/13/95
2.19. AUTHORIZE FUNDING OF THE DADE- R 95-498
MIAMI CRIMINAL JUSTICE COUNCIL -- 7/13/95
ALLOCATE $35,000 FROM LETF.
14
14
15
15
:A
2.20. AUTHORIZE MANAGER TO EXECUTE AN
AMENDMENT TO BRICKELL AVENUE
HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) -- FOR
MAINTENANCE OF LANDSCAPED MEDIAN
STRIPS IN RIGHTS -OF -WAY OF
BRICKELL AVENUE FROM S.E. 5
STREET TO S.E. 8 STREET.
2.21. AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL AGREEMENTS WITH
INDIVIDUALS -- TO PROVIDE LATENT
PRINT EXAMINER SERVICES (FOR
POLICE DEPT.) -- ALLOCATE
$24,000.
2.22. AUTHORIZE MANAGER TO EXECUTE AN
AMENDMENT TO EXISTING
PROFESSIONAL SERVICES AGREEMENT
WITH PEER CONSULTANTS, P.C. --
FOR THE VIRGINIA KEY YARD / TRASH
MANAGEMENT FACILITY (3851
RICKENBACKER CAUSEWAY) -- TO ADD
AN EDUCATIONAL COMPONENT TO
SERVICES PROVIDED (CONSISTING OF
A BROCHURE, EDUCATIONAL VIDEO,
PROMOTIONAL VIDEO AND STUDENT
COLORING BOOK) -- INCREASE
COMPENSATION PAYABLE THEREUNDER
BY $33,440 -- ALLOCATE FUNDS FROM
FY'95 RECYCLING AND EDUCATION
GRANT FUND.
2.23.
ALLOCATE $36,400 FROM CDBG FUNDS
(PROJECT 799602) TOWARD
REHABILITATION OF 26 BUSINESSES
IN ALLAPATTAH TARGET AREA UNDER
COMPREHENSIVE CITYWIDE COMMERCIAL
REHABILITATION FACADE TREATMENT
PROGRAM.
CLAIM SETTLEMENT: JUAN SANTANA
($47,500).
CLAIM SETTLEMENT: SHERMAN AND
ROSLYN WINN ($33,000).
ACCEPT PLAT: NEW ORANGE BOWL
SUBDIVISION.
R 95-499
7/13/95
R 95-500
7/13/95
R 95-501
7/13/95
R 95-502
7/13/95
15
16
16
17
R 95-503 17
7/13/95
R 95-504 17
7/13/95
R 95-505 18
7/13/95
2.27. AUTHORIZE MANAGER TO TAKE
NECESSARY. STEPS TO REPAIR THE
ROOF, REPAIR / REPLACE THE
DOWNSPOUT DRAINAGE SYSTEM, AND
PAINT MANUEL ARTIME COMMUNITY
CENTER (900 & 970 S.W. 1
STREET) -- ALLOCATE $100,000 FROM
CIP 322060 -- AUTHORIZE MANAGER
TO ACCEPT BIDS FROM MOST
RESPONSIVE / RESPONSIBLE BIDDERS,
FOLLOWING RECEIPT OF FORMAL
COMPETITIVE SEALED BIDS.
3. APPOINT / CONFIRM APPOINTMENT OF
INDIVIDUALS TO SERVE ON
AFFIRMATIVE ACTION ADVISORY
BOARD. (Appointed: Jackie Bell
& Nora Hernandez Hendrix.
Confirmed as LIUNA
representative: Mayshack Lane.)
R 95-506 18
7/13/95
R 95-507 19-20
7/13/95
4. APPOINT ARTURO JORDAN TO SERVE ON R 95-508
AUDIT ADVISORY COMMITTEE -- WAIVE 7/13/95
RESIDENCY REQUIREMENT FOR MR.
JORDAN.
5. APPOINT MARIA ALONSO MARTINEZ TO R 95-509
SERVE ON HEALTH FACILITIES 7/13/95
AUTHORITY BOARD -- WAIVE
RESIDENCY REQUIREMENT FOR MS.
MARTINEZ.
6. DISCUSS AND DEFER PROPOSED
RESOLUTION TO APPOINT INDIVIDUALS
TO SERVE ON STREET CODESIGNATION
REVIEW COMMITTEE.
7. APPOINT VICE MAYOR J.L. PLUMMER
AND COMMISSIONER VICTOR DE YURRE
TO SERVE ON BOARD OF DIRECTORS OF
PERFORMING ARTS CENTER TRUST
(PACT).
.8. APPOINT INDIVIDUALS TO SERVE AS
MEMBERS I ALTERNATE MEMBER OF
URBAN DEVELOPMENT REVIEW BOARD --
WAIVE RESIDENCY REQUIREMENT FOR
ALBERT PEREZ. (Appointed: Clyde
Justin, John Sacco & Albert Perez
[alternate].)
20-21
21-23
DISCUSSION 23-24
7/13/95
R 95-510
7/13/95
R 95-511
7/13/95
24-25
26-27
9. (A) ALLOW CRUZ DEVELOPMENT
COMPANY 90 DAYS TO COME BACK TO
SEOPWA/CRA WITH A DEVELOPMENT
PLAN AND TIMETABLE TO COMMENCE
DEVELOPMENT IN AT LEAST ONE BLOCK
IN OVERTOWN.
(B) ACCEPT RECOMMENDATION BY
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
(SEOPW/CRA) CONCERNING CRUZ
DEVELOPMENT COMPANY'S PLAN TO
START DEVELOPMENT IN AT LEAST ONE
BLOCK IN OVERTOWN.
10. DISCUSSION CONCERNING PARKING
PROBLEMS AT KENNEDY PARK.
11. APPROVE BUDGET SUBMITTED BY
DOWNTOWN MIAMI PARTNERSHIP FOR
PROVISION OF PROMOTION AND
MARKETING SERVICES FOR FLAGLER
CORE AREA SPECIAL ASSESSMENT
DISTRICT
12.
PERSONAL APPEARANCE:
COMMISSIONER NANCY LIEBMAN AND
ASSISTANT CITY MANAGER JOE PINON
(MIAMI BEACH) -- TO REQUEST
SUPPORT IN SEEKING TO ENSURE
MUTUAL COOPERATION DURING
RECONSTRUCTION OF THE VENETIAN
CAUSEWAY TO MINIMIZE
INCONVENIENCE. (See label 13)
AUTHORIZE PAYMENT OF ATTOR.NEY'S
FEES ($96,675) TO GREGORY DENARO,
ESQUIRE, FOR HIS SUCCESSFUL
REPRESENTATION OF OFFICER JORGE
LEON.
CONFIRM ABOLITION OF THE BAYSIDE
MINORITY FOUNDATION, PURSUANT TO
ORDINANCE 11130. (Reconsidered
later -- see labels 33 & 35.)
DISCUSSION CONCERNING REYES V.
CITY OF MIAMI (CASE NO. 93-008
AP) -- DIRECT ADMINISTRATION TO
BRING BACK FOR A HEARING. (See
label 64)
DISCUSSION CONCERNING SOUTH
FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996.
S R 95-1
R 95-512
7/13/95
DISCUSSION
7/13/95
R 95-513
7/13/95
DISCUSSION
7/13/95
R 95-514
7/13/95
M 95-515
7/13/95
DISCUSSION
7/13/95
DISCUSSION
7/13/95
27-30
30
31-33
33-34
34-35
35-36
36-40
40-41
17.
PERSONAL APPEARANCE: MR.
COLUMBUS KENNEY REGARDING HIS
PROPERTY AT 799 N.W. 44 STREET --
REFER TO MANAGER.
18.
GRANT REQUEST FROM COCOANUT GROVE
VILLAGE COUNCIL TO BE PLACED ON
NOVEMBER 71 1995 BALLOT (PROVIDED
ELECTION COSTS ARE PAID PRIOR TO
ELECTION).
19.
SET MONTHLY REPAYMENTS AT $2,000
(IN.ADDITION TO RENT) FOR MARTIN
TRITT IN ORDER TO REPAY $56,000
OWING TO THE CITY IN CONNECTION
WITH BETTE AND BERT BAYFRONT
MARINA -- STIPULATE THAT EVICTION
PROCEEDINGS WILL BE INSTITUTED IF
ONE SINGLE PAYMENT IS MISSED.
20.
BRIEF DISCUSSION CONCERNING
PRESENTATION BY VIVIAN DONNELL
RODRIGUEZ, EXECUTIVE DIRECTOR OF
METRO-DADE ART IN PUBLIC PLACES,
OF PROPOSED LANDMARK STRUCTURE
PLANNED FOR RIVERWALK STATION OF
METROMOVER SYSTEM. (See label
40.)
DISCUSSION 41-42
7/13/95
R 95-516 43-44
7/13/95
R 95-517 44-49
7/13/95
DISCUSSION 50-51
7/13/95
23.
PRESENTATIONS, PROCLAMATIONS &
DISCUSSION
54-55
SPECIAL ITEMS.
7/13/95
(A) Proclamation: Constitution
Week -- recognizing the 208th
anniversary of the signing of the
American Constitution. (Accepted
by Margaret L. Bartlett.)
(B) Presentation of a poster to
the Mayor by Susan and Edmond
Benson from Arise Foundation, a
group which supports children's
causes.
24.
EMERGENCY ORDINANCE: AMEND CODE,
ORDINANCE
55-56
CHAPTER 38, SECTION 38-9, RELATED
11273
TO PARK FEES FOR USE OF VIRGINIA
7/13/95
KEY PARK -- PROVIDE FOR
f
ADJUSTMENTS TO FEE SCHEDULE AND
ANNUAL ADJUSTMENTS, IF NECESSARY,
BY THE MANAGER -- ADD NEW SECTION
38-10. (See label 22.)
25.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
57-58
NEW SPECIAL REVENUE FUND:
11274
INITIATIVES GRANT FOR OUTREACH TO
7/13/95
THE HOMELESS -- APPROPRIATE
$300,000, CONSISTING OF A GRANT
FROM U.S. DEPARTMENT OF HOUSING
_
AND URBAN DEVELOPMENT (HUD)
THROUGH THE DADE COUNTY HOMELESS
TRUST (AN AGENCY OF METROPOLITAN
DADE COUNTY) -- AUTHORIZE MANAGER
TO ACCEPT GRANT AWARD AND EXECUTE
NECESSARY DOCUMENTS.
26.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
59-60
11059, WHICH ESTABLISHED INITIAL
11275
RESOURCES / APPROPRIATIONS FOR
7/13/95
SPECIAL REVENUE FUND: DRUG ABUSE
RESISTANCE EDUCATION -- PROVIDE
FOR INCREASE OF $29,472 FROM
METROPOLITAN DADE COUNTY --
k
AUTHORIZE MANAGER TO EXECUTE
NECESSARY DOCUMENTS.
f;
27 EMERGENCY ORDINANCE: AMEND CODE:
(1) SECTION 54-3(d)(1) --
INCREASE GENERAL FEE FOR EACH
PERMIT APPLICATION FOR
OBSTRUCTING / CLOSING STREETS /
SIDEWALKS OR IMPEDING TRAFFIC;
AND (2) SECTION 22-26(a): (A)
DELETE REQUIREMENT THAT STATES
ALL PAYMENT OF WASTE FEES SHALL
BE PAYABLE IN ADVANCE ON OR
BEFORE DUE DATE ON A SEMI-ANNUAL
BASIS, AND (B) GRANT TO MANAGER
THE AUTHORITY TO SELECT AN ANNUAL
BILLING METHOD FOR PAYMENT OF ALL
SOLID WASTE FEES.
28. SECOND READING ORDINANCE: AMEND
CODE, SECTION 54-105 (TEMPORARY
ENCROACHMENTS) -- PERMIT
TEMPORARY FENCE / WALL / HEDGE
ENCROACHMENTS WITHIN DEDICATED
RIGHTS -OF -WAY.
29. SECOND READING ORDINANCE: AMEND
CODE, SECTION 53-161(4) (SCHEDULE
OF FEES) -- ESTABLISH REVISED
PARKING RATES AT JAMES L. KNIGHT
INTERNATIONAL CENTER PUBLIC
PARKING FACILITY.
30.
ORDINANCE 60-61
11276
7/13/95
ORDINANCE
11277
7/13/95
ORDINANCE
11278
7/13/95
SECOND READING ORDINANCE: AMEND ORDINANCE
CODE, ARTICLE II (CITY DAY CARE 11279
PROGRAM): (1) SECTION 30-25 7/13/95
(HOURS OF OPERATION) -- PROVIDE
DEFINITIONS FOR DAY CARE FACILITY
AND PRE-SCHOOL FACILITY; (2)
SECTION 3.0-26 (FEE SCHEDULE) --
INCREASE FEES FOR USE OF CITY DAY
CARE FACILITIES; AND (3) ADD
SECTION 30-27 (PRE-SCHOOL FEE
SCHEDULE) -- ESTABLISH FEES TO BE
CHARGED FOR USE OF CITY PRE-
SCHOOL FACILITIES - PROVIDE FOR
ANNUAL REVIEW AND ADJUSTMENT OF
FEES BY MANAGER.
31. SECOND READING ORDINANCE: AMEND ORDINANCE
CODE, ARTICLE VI, CHAPTER 54 11280
(SIDEWALK CAFES), SECTIONS 54-111 7/13/95
AND 54-117 -- PROVIDE,
ALTERNATIVELY, FOR QUARTERLY
PAYMENT OF PERMIT FEES FOR
SIDEWALK CAFES.
62-63
64
65-66
32.DESIGNATE COMMISSIONER DE YURRE
TO LEAD NEGOTIATIONS, WITH VICE
MAYOR PLUMMER ASSISTING, IN
CONNECTION WITH PROPOSED PURCHASE
OF THE COMMODORE BAY TRACT --
VICE MAYOR PLUMMER REQUESTS
ADMINISTRATION TO PROVIDE TOTAL
EXPENDITURE INVOLVED IN DEFENDING
THE CITY IN LAWSUIT CONCERNING
COMMODORE BAY.
33. (Continued) RECONSIDER PRIOR
VOTE CONFIRMING ABOLISHMENT OF
THE BAYSIDE MINORITY FOUNDATION.
(See labels 14 & 35)
34. PRESENTATIONS, PROCLAMATIONS &
SPECIAL ITEMS.
(A) Certificate of Appreciation:
People United to Lead the
Struggle for Equality
35.
(P.U.L.S.E.) -- in recognition of
14 years of service.
(B) Certificate of Appreciation:
Maria Andrea Santamaria, Celia M.
Fernandez and Sylvia P.
Cordero -- for allowing use of
Riverside Elementary School for
several community seminars.
RECREATE THE BAYSIDE MINORITY
FOUNDATION -- REVIEW AFTER 12
MONTHS -- VICE MAYOR PLUMMER
REQUESTS A REPORT OF MONIES PAID
OUT BY SAID FOUNDATION AND ITS
PROGRAM DURING LAST 12 MONTHS.
(See labels 14 & 33)
VICE MAYOR PLUMMER THANKS T.
WILLARD FAIR FOR BRINGING THE
NATIONAL URBAN LEAGUE CONFERENCE
TO MIAMI.
M 95-519 68-81
7/13/95
M 95-520
81-82
7/13/95
DISCUSSION
82-83
7/13/95
M 95-521
84-89
7/13/95
DISCUSSION
89-90
7/13/95
s
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37. (A) RATIFY MANAGER'S FINDING OF
SOLE SOURCE -- WAIVE REQUIREMENT
FOR COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF TEN
GALVANIZED BLEACHERS FROM NOLAND
ASSOCIATES -- ALLOCATE $8,790.
(B) NOTIFY THE SCHOOL BOARD TO
PROVIDE THEIR OWN SCHOOL RESOURCE
OFFICERS -- RELEASE MIAMI POLICE
FROM SCHOOL RESOURCE DUTIES --
URBAN LEAGUE TO CONVERT SCHOOL
BOARD'S PLOT OF LAND IN LIBERTY
CITY INTO ATHLETIC FIELD.
38. PERSONAL APPEARANCE BY A
REPRESENTATIVE FROM THE MIAMI-
ROADS NEIGHBORHOOD CIVIC
ASSOCIATION, INC. CONCERNING
39.
40.
PROTECTION OF SIMPSON PARK. (See
label 43)
REINSTATE POLICY THAT NO PERSONAL
APPEARANCES SHALL BE SCHEDULED
FOR COMMISSION MEETING AGENDAS
WITHOUT PRIOR REVIEW BY MANAGER.
(See label 67)
PERSONAL APPEARANCE: MS. VIVIAN
DONNELL RODRIGUEZ, EXECUTIVE
DIRECTOR OF METRO-DADE ART IN
PUBLIC PLACES -- TO PRESENT PLANS
FOR A UNIQUE LANDMARK STRUCTURE
PLANNED FOR THE RIVERWALK STATION
OF THE METROMOVER SYSTEM. (See
label 20)
DISCUSS AND TABLE FURTHER
COMMENTS CONCERNING PROPOSED
ECONOMIC DEVELOPMENT INITIATIVES
IN WEST COCONUT GROVE. (See
label 65)
DIRECT CITY ATTORNEY TO DETERMINE
AMOUNT OF DAMAGES TO THE CITY
CONCERNING ST. HUGH OAKS AND TO
FILE A COUNTER LAWSUIT.
(Continued) ALLOCATE $20,000 FOR
SIMPSON PARK. (See label 38)
R 95-522
7/13/95
DISCUSSION
7/13/95
90-93
94-95
M 95-53 95-98
7/13/95
DISCUSSION 98-102
7/13/95
DISCUSSION
7/13/95
M 95-524
7/13/95
R 95-525
7/13/95
102
103-104
104-106
44.
INSTRUCT MANAGER TO SEND
M 95-526
106-109
STRONGLY -WORDED LETTER TO THE
7/13/95
HOMELESS TRUST OBJECTING TO ITS
FUNDING OF ANOTHER HOMELESS
FACILITY IN THE CITY OF MIAMI.
45.-
APPROVE PURCHASE OF REAL PROPERTY
R 95-527
109-121
KNOWN AS THE MIAMI RIVERSIDE
7/13/95
CENTER (OWNED BY FLORIDA POWER &
LIGHT COMPANY) AT 400 S.E. 2
AVENUE (2.09 ACRES), INCLUDING
10-STORY OFFICE BUILDING AND
SEVEN -LEVEL PARKING GARAGE
CONTAINING 500 SPACES, FOR
$15,600,000 -- AUTHORIZE MANAGER
TO EXECUTE PURCHASE AND SALE
AGREEMENT -- ALLOCATE FUNDS FROM
CITY OF MIAMI SPECIAL OBLIGATION
BONDS, SERIES 1995 -- AUTHORIZE
MANAGER TO OBTAIN PROFESSIONAL
SERVICES IN CONNECTION WITH THE
PERFORMANCE OF DUE DILIGENCE AT A
COST NOT TO EXCEED $100,000.
46.
RATIFY MANAGER'S FINDING OF
R 95-528
121-122
EMERGENCY REQUIRING INCREASE
7/13/95
($10,000) IN CONTRACT WITH
P.N.M., INC. -- FOR WYNWOOD
NORTHWEST 2ND AVENUE STREETSCAPE
IMPROVEMENT PROJECT B-3246 --
ALLOCATE FUNDS FROM CDBG PROJECT
704203.
47.
RATIFY MANAGER'S FINDING OF
R 95-529
122-123
EMERGENCY REQUIRING INCREASE
7/13/95
($12,877) IN CONTRACT WITH MARIN
&MARIN CONSTRUCTION, INC. -- FOR
MARINA IMPROVEMENTS MIAMI YACHT
CLUB - SECOND BIDDING PROJECT H-
1068 -- ALLOCATE FUNDS FROM CIP
311808.
48.
RATIFY MANAGER'S FINDING OF
R 95-530
123-126
EMERGENCY REQUIRING INCREASE
7/13/95
($32,000) IN CONTRACT WITH F & L
CONSTRUCTION, INC. -- FOR
ADDITIONAL IMPROVEMENTS IN
DOWNTOWN STREET IMPROVEMENTS -
SIDEWALK REBUILDING PROJECT B-
4570 -- ALLOCATE FUNDS FROM CIP
341135.
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1
49. RATIFY MANAGER'S FINDING OF SOLE
SOURCE — WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF A PLANETARY
CAMERA FROM BELL & HOWELL --
ALLOCATE $10,500 FROM CIP 312018.
50. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF SERVICE AND
EQUIPMENT FROM MOTOROLA, INC. FOR
RELOCATION OF FIRE -RESCUE
DISPATCH CENTER TO MIAMI POLICE
DEPARTMENT HEADQUARTERS
BUILDING -- ALLOCATE $446,846
FROM CIP 312029.
51. APPROVE EMERGENCY ACTION -- WAIVE
COMPETITIVE SEALED BIDS --
APPROVE AWARD TO MOTOROLA, INC.
(5580 N.W. 36 AVENUE, FORT
LAUDERDALE) -- FOR PROFESSIONAL
SERVICES IN CONNECTION WITH A
FEASIBILITY STUDY FOR RELOCATION
OF CITY'S 80OMHZ RADIO
COMMUNICATIONS SYSTEM FROM ITS
CURRENT LOCATION WITHIN THE
MUNICIPAL SHOP TRACT -- ALLOCATE
$55,960 FROM CIP 311018.
52. RATIFY MANAGER'S ACTION UNDER A
HURRICANE EMERGENCY SITUATION
REQUIRING INCREASE ($44,421.96)
IN CONTRACT WITH MARINA POWER
COMPANY, INC. -- FOR REPAIR %
REPLACEMENT OF HURRICANE —DAMAGED
ELECTRICAL / FIRE PROTECTION
EQUIPMENT INSTALLED ON DINNER KEY
MARINA PIERS, PROJECT H-1003 (CIP
414410) -- ALLOCATE FUNDS FROM
FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR HURRICANE ANDREW
DISASTER RECOVERY.
"
R 95-531
7/13/95
R 95-532
7/13/95
R 95-533
7/13/95
R 95-534
7/13/95
126-127
129-130
53. AUTHORIZE MANAGER TO REALLOCATE
$1,050,000 IN UNEXPENDED
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDS FROM:
CITYWIDE SINGLE FAMILY HOUSING
REHABILITATION LOAN PROGRAM
REVENUE ACCOUNT TO: CDBG PROJECT
LAND ACQUISITION -- TO SATISFY
OUTSTANDING MORTGAGE WITH
DEPARTMENT OF OFF-STREET PARKING
FOR PURCHASE OF SIX VACANT
PARCELS AT 1435, 1453 & 1461 S.W.
8 STREET -- FOR USE IN LATIN
QUARTER SPECIALTY CENTER
PROJECT -- SUBMIT TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AMENDMENT TO
21ST CDBG FINAL STATEMENT --
AUTHORIZE CITY ATTORNEY TO
PROCEED WITH CLOSING OF REAL
ESTATE PURCHASE. (See label 93)
54. RATIFY MANAGER'S WAIVING OF
COMPETITIVE SEALED BIDS FOR
EMERGENCY REPAIR OF COLLISION -
DAMAGED FIRE -RESCUE VEHICLES --
ALLOCATE $75,000.
55.
EMERGENCY ORDINANCE: AMEND 11205
(CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE) --
INCREASE APPROPRIATIONS ($80,000)
FOR PROJECT 313239: NEW FIRE
STATION #12 -- DECREASE
APPROPRIATIONS ($80,000)
PREVIOUSLY APPROVED FOR VARIOUS
TRANSPORTATION CAPITAL
IMPROVEMENT PROJECTS.
AUTHORIZE INCREASE ($80,000) IN
CONTRACT WITH HARRISON
CONSTRUCTION CORPORATION FOR
CAPITAL IMPROVEMENT PROJECT: NEW
FIRE STATION NO. 12 (SECOND
BIDDING), PROJECT B-2990 (CIP
313239).
R 95-535
7/13/95
R 95-536
7/13/95
EMERGENCY
ORDINANCE
11281
7/13/95
R 95-537
7/13/95
132-133
134-136
136-139
57. DISCUSS AND DEFER CONSIDERATION M 95-538
OF PROPOSED RESOLUTION TO AFFIRM 7/13/95
THAT THE P.U.N. ADOPTED PURSUANT
TO RESOLUTION 79-301 SUPERSEDES
UNDERLYING PLAT FOR SAME PROPERTY
RECORDED / ENTITLED: BAYSHORE
VIEW -- DIRECT ADMINISTRATION TO
CONDUCT A MEETING BETWEEN
MORTGAGEE AND CITY'S LAW
DEPARTMENT -- DIRECT
ADMINISTRATION TO COME BACK WITH
A PLAN THAT IS ACCEPTABLE TO ALL
PARTIES.
58. EMERGENCY ORDINANCE: AMEND CODE, ORDINANCE
CHAPTER 53.5, SECTIONS 53.5-23, 11282
53.5-24, 53.5-25 & 53.5-28 7/13/95
(STORMWATER) -- ESTABLISH
ALTERNATIVE BILLING / COLLECTION
METHOD -- REVISE SCHEDULE OF
RATES TO REFLECT CURRENT RATES --
ELIMINATE REPEAL AND REVIEW
DATES -- ADD COMPLIANCE WITH
FEDERAL / STATE / COUNTY
REGULATIONS AS APPROVED
EXPENDITURES.
59. RATIFY MANAGER'S FINDING OF R 95-539
EMERGENCY REQUIRING INCREASE 7/13/95
($24,753) IN FEES FOR ADDITIONAL
PROFESSIONAL SERVICES IN
AGREEMENT WITH POST, BUCKLEY,
SCHUH & JERNIGAN, INC. -- FOR
PRFPARATION OF A FACILITY MASTER
PLAN FOR SITE CONSOLIDATION OF
SELECTED CITY MAINTENANCE
FUNCTIONS, B-3249 (CIP 311018).
60. RATIFY MANAGER'S FINDING OF R 95-540
EMERGENCY -- WAIVE COMPETITIVE 7/13/95
SEALED BIDS -- APPROVE PURCHASE
OF: (1) 16 AUTOMOTIVE LIFTS FROM CHALLENGER LIFTS ($86,694;
(2) ONE 'AAMCO #70 BRAKE LATHE FROM BAEX AUTO EQUIPMENT
($7,890); AND (3) ONE COATS 8000A
TIRE CHANGER -- FROM BAEX AUTO
EQUIPMENT ($9,700) -- ALLOCATE
. $104,284 FROM CIP 311018.
146-148
149-150
All
61. EMERGENCY ORDINANCE: AMEND 11205
(CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE) --
ESTABLISH NEW CAPITAL PROJECT
404240: ORANGE BOWL
MODERNIZATION - PHASE III
SUPERBLOCK DEVELOPMENT.
62. RATIFY MANAGER'S FINDING OF NEED
FOR EMERGENCY CONTRACTING OF
GOODS AND SERVICES FOR PROJECT:
ORANGE BOWL MODERNIZATION PHASE
III, SUPERBLOCK DEVELOPMENT -
NORTH, B-6243 ALLOCATE FUNDS
FROM CIP 404240: $1,359,191.25
FOR GOODS AND SERVICES, AND
$169,361.48 FOR ESTIMATED
EXPENSES, TOTALING $1,528,552.73.
63. CONTINUED DISCUSSION CONCERNING
MINIMIZATION OF INCONVENIENCE TO
CITIZENS DURING RECONSTRUCTION OF
VENETIAN CAUSEWAY -- REQUEST
ADMINISTRATION TO PREPARE A
REPORT CONCERNING ACTION TAKEN TO
ACCOMPLISH THIS. (See label 12)
EMERGENCY 150-151
ORDINANCE
11283
7/13/95
R 95-541 151-152
7/13/95
DISCUSSION
7/13/95
64. CONTINUED DISCUSSION CONCERNING DISCUSSION
REYES V. CITY OF MIAMI (CASE NO. 7/13/95
93-008 AP). (See label 15)
65. (Continued) DIRECT MANAGER TO
MEET WITH REPRESENTATIVES OF THE
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION CONCERNING ECONOMIC
DEVELOPMENT INITIATIVES BEING SET.
FORTH IN WESTERN COCONUT GROVE --
DIRECT MANAGER TO COME BACK TO
NEXT COMMISSION MEETING WITH
RECOMMENDATION. (See label 41)
66. GRANT REQUEST FOR FEE WAIVER FROM
COCONUT GROVE FAMILY AND YOUTH
INTERVENTION CENTER, SUBSIDIARY
OF COCONUT GROVE LOCAL
DEVELOPMENT PARK, FOR USE OF
ELIZABETH VIRRICK PARK FOR A
COMMUNITY PICNIC.
M 95-542
7/13/95
R 95-543
7/13/95
152-153
153-155
155-157
157-158
n
'f
67. ADDITIONAL COMMENTS CONCERNING
REINSTATEMENT OF POLICY THAT NO
PERSONAL APPEARANCES SHALL BE
SCHEDULED FOR COMMISSION MEETING
AGENDAS WITHOUT PRIOR REVIEW BY
THE MANAGER. (See label 39)
68. SECOND READING ORDINANCE: AMEND
11205 (CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE) --
ESTABLISH NEW PROJECT: JEFFERSON
STREET PAVING PROJECT PHASE II
($60,000).
69. ACCEPT BID: ROYAL ENGINEERING,
INC. - FOR JEFFERSON STREET
PAVING PROJECT - PHASE II, B-
4589 -- ALLOCATE $60,000 FROM CIP
341202 ($58,906.50 TO COVER
70.
CONTRACT COST AND $1,093.50 TO
COVER ESTIMATED EXPENSES).
SECOND READING ORDINANCE.
ESTABLISH SEVEN NEW SPECIAL
REVENUE FUNDS: "JTPA TITLE IIA /
NEIGHBORHOODS JOBS PROGRAM (PY
`95)", JTPA TITLE IIC /
NEIGHBORHOODS JOBS PROGRAM (PY
'95)", "DHRS / RCA (ER '96)",
"JTPA TITLE III DISLOCATED
WORKERS PROGRAM (PY '95)", "JTPA
TITLE IIB SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM (PY '96)",
"OFFICE OF INTERGOVERNMENTAL
LIAISON (PY '95)", AND "J.O.B.S.
PROGRAM (PY '95)" -- APPROPRIATE
FUNDS FROM U.S. DEPARTMENT OF
LABOR GRANT AWARDS; AUTHORIZE
MANAGER TO ACCEPT AWARDS AND
ENTER INTO AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
DISCUSSION
7/13/95
ORDINANCE
11284
7/13/95
R 95-544
7/13/95
ORDINANCE
11285
7/13/95
158-159
159-162
162-163
164-166
ESTABLISH SPECIAL REVENUE FUND:
TRAINING / ENTREPRENEURIAL
FUND -- APPROPRIATE $100,000 FROM
REVENUE PRODUCED BY THE TRAINING
/ ENTREPRENEURIAL ACTIVITY --
AUTHORIZE POLICE DEPARTMENT TO
ACCEPT MONIES FROM POLICE
TRAINING ACTIVITIES -- AUTHORIZE
POLICE DEPARTMENT TO EXPEND SAID
MONIES FOR PRODUCTION /
DEVELOPMENT OF LAW ENFORCEMENT
TRAINING SEMINARS / COURSES /
RELATED EQUIPMENT.
72. SECOND READING ORDINANCE: AMEND
CODE, CHAPTER 31 (OCCUPATIONAL
LICENSES AND ADMINISTRATIVE
FEES) -- DELETE ARTICLE II
(SCHEDULE OF OCCUPATIONAL LICENSE
TAXES) -- SUBSTITUTE NEW ARTICLE
II, INSTITUTING NEW OCCUPATIONAL
LICENSE CLASSIFICATION AND RATE
SCHEDULE FOR PERSONS / ENTITIES
DOING BUSINESS IN CITY OF
MIAMI -- INCREASE OCCUPATIONAL
LICENSE TRANSFER FEES -- REQUIRE
OCCUPATIONAL LICENSE TO DO
BUSINESS WITH THE CITY AND/OR ITS
AGENCIES.
73. FIRST READING ORDINANCE: AMEND
CODE, CHAPTER 54.5 (SUBDIVISION
REGULATIONS), SECTION 54.5-16
(VACATION AND CLOSURE OF RIGHTS -
OF -WAY AND PLATTED EASEMENTS BY
PLAT) -- CLARIFY PROCEDURE AND
ESTABLISH THREE-YEAR TIME PERIOD
THAT COMMISSION APPROVAL OF A
REQUESTED VACATION AND CLOSURE
REMAINS VALID.
11286
7/13/95
ORDINANCE
11287
7/13/95
ORDINANCE
FIRST
READING
7/13/95
168-169
169-170
i
74. FIRST READING ORDINANCE: AMEND
CODE SECTIONS 35-91, 35-92 & 35-
93- CHANGE RATES AT: (1)
CERTAIN ON -STREET PARKING METERS,
(2) CERTAIN OFF-STREET LOTS, AND
(3) MUNICIPAL PARKING GARAGES
EFFECTIVE OCTOBER 1, 1995
RATIFY ALL ACTS OF OFF-STREET
PARKING BOARD AS TO RATES
HERETOFORE CHARGED -- AUTHORIZE
OFF-STREET PARKING BOARD TO
DEVELOP EXPERIMENTAL RATE
STRUCTURES AND INITIATE RATES FOR
NEW FACILITIES DURING FISCAL
YEAR.
75. DEFER PROPOSED RESOLUTION TO
AUTHORIZE SALE TO SCHOOL BOARD OF
DADE COUNTY OF REAL PROPERTY AT
APPROXIMATELY 1843 N.W. 1 PLACE
IN OVERTOWN FOR $125,000.
76... AUTHORIZE MANAGER TO ISSUE
REQUEST FOR PROPOSALS (RFP)
INVITING OFFERS FROM PERSONS /
FIRMS / CORPORATIONS INTERESTED
IN, LEASING THE MANUEL ARTIME
COMMUNITY CENTER (900 & 970 S.W.
1 STREET).
77.
MAKE PROVISIONS FOR: (1)
NONPARTISAN PRIMARY ELECTION ON
NOVEMBER7, 1995 -- FOR
NOMINATION OF CANDIDATES FOR
OFFICES OF TWO COMMISSIONERS, AND
(2) GENERAL MUNICIPAL ELECTION ON
NOVEMBER 14, 1995.
78. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE MANAGER
TO CONVERT $135,000 CITY LOAN TO
PEOPLE'S DRUG STORE, INC.
(GUARANTEED BY GEORGE & GLORIA
LEWIS) INTO A GRANT, FOR
CONSTRUCTION OF PEOPLE'S DRUG
STORE, THEREBY FORGIVING
OBLIGATION TO REPAY LOAN. (See
label 119)
ORDINANCE
FIRST
READING
7/13/95
DISCUSSION
7/13/95
R 95-545
7/13/95
R 95-546
7/13/95
DISCUSSION
7/13/95
171-172
172-173
173-176
176-178
178-180
79.
AMEND RESOLUTIONS 92-391 & 93-373
R 95-547 181
(WHICH ALLOCATED FUNDS TO VARIOUS
7/13/95
COMMUNITY DEVELOPMENT
PROJECTS) -- REDISTRIBUTE FUNDS
ALLOCATED TO BLACK ARCHIVES
HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC.: (1) LYRIC
THEATRE REHABILITATION
($104,000), AND (2) COMPLETION OF
DORSEY HOUSE REHABILITATION
($68,000) -- EXECUTE AGREEMENT.
80.
AUTHORIZE CITY OF MIAMI
R 95--548 182-183
PARTICIPATION IN COOPERATIVE
7/13/95
PROJECT WITH FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION AND
DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES
MANAGEMENT -- FOR DISPOSAL OF
SURPLUS FILL MATERIAL FROM BILL
BAGGS / CAPE FLORIDA STATE PARK
ONTO DESIGNATED AREAS OF CITY
PROPERTY ON VIRGINIA KEY --
EXECUTE NECESSARY DOCUMENTS.
-81.
RATIFY MANAGER'S FINDING OF
R 95-549 183-185
EMERGENCY -- WAIVE PROCEDURES FOR
7/13/95
PROCUREMENT OF PROFESSIONAL
SERVICES FOR DESIGN /
CONSTRUCTION OF SENIOR CENTER AT
CHARLES HADLEY PARK -- APPROVE
ENGAGEMENT OF THADDEUS COHEN
ARCHITECTS, P.A. TO PROVIDE
ARCHITECTURAL / ENGINEERING
SERVICES -- AUTHORIZE MANAGER TO
NEGOTIATE / EXECUTE PROFESSIONAL
SERVICES AGREEMENT -- ALLOCATE
$65,000 FROM CIP 331391.
82.
DISCUSS AND DEFER CONSIDERATION
M 95-550 185-194
OF PROPOSED RESOLUTION TO
7/13/95
AUTHORIZE MANAGER TO PREPARE /
SUBMIT APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR A LOAN ($10
MILLION) UNDER HUD SECTION 108
PROGRAM TO FINANCE DEVELOPMENT OF
A FOREIGN TRADE ZONE COMPLEX IN
WYNWOOD TARGET AREA. (See label
120)
ak+�xA
83._ AUTHORIZE EXTENSION OF DEADLINE
(FROM AUGUST 1 TO SEPTEMBER 1,
1995) FOR RECEIPT OF PROPOSALS
FOR DEVELOPMENT OF MEGA YACHT
MARINA AND RELATED USES ON WATSON
ISLAND.
84. AUTHORIZE EXTENSION OF DEADLINE
(FROM AUGUST 4 TO SEPTEMBER 1,
1995) FOR RECEIPT OF PROPOSALS
FOR DEVELOPMENT OF A CAMPGROUND
AND RELATED RECREATIONAL
FACILITIES ON VIRGINIA KEY --
APPOINT REPLACEMENT MEMBERS TO
REVIEW COMMITTEE FOR UDP.
(Appointed Ron E. Williams,
Maggie Genova-Cordovi, & Miranda
Albury; replacing: Herbert J.
Bailey, Sergio Rodriguez &
Courtney D. Allen.)
-85. AUTHORIZE EXTENSION OF DEADLINE
(FROM AUGUST 3 TO SEPTEMBER 1,
1995) FOR RECEIPT OF PROPOSALS
FOR DEVELOPMENT OF MIAMI MARINE
STADIUM AND ANCILLARY RECREATION
RELATED SERVICES ON VIRGINIA KEY.
}
R 95-551
7/13/95
R 95-552
7/13/95
R 95-553
7/13/95
86. CLARIFY CITY POLICY PERTAINING TO R 95-554
SCHEDULE OF LEASE PAYMENTS FOR 7/13/95
CITY PROPERTY DEVELOPED AND/OR
CONVEYED AS RESULT OF UNIFIED
DEVELOPMENT PROCESSES (UDP).
SELECT BLACK -OWNED CERTIFIED
PUBLIC ACCOUNTING (CPA) FIRM:
GOLDSTEIN PASTAROFF ET AL. -- TO
EVALUATE PROPOSALS TO BE RECEIVED
IN CONNECTION WITH RFP FOR
.UNIFIED DEVELOPMENT OF A MEGA
YACHT MARINA ON WATSON ISLAND --
EXECUTE AGREEMENT.
SELECT FEMALE -OWNED CERTIFIED
PUBLIC ACCOUNTING (CPA) FIRM:
WATSON AND COMPANY -- TO EVALUATE
PROPOSALS TO BE RECEIVED IN
CONNECTION WITH RFP FOR UNIFIED
DEVELOPMENT OF A MARINE STADIUM /
AMPHITHEATER FACILITY ON VIRGINIA
KEY -- EXECUTE AGREEMENT.
R 95-555
7/13/95
R 95-556
7/13/95
194-195
196-199
199-200
200-201
89._ SELECT CERTIFIED PUBLIC
R 95-557 209-210
ACCOUNTING (CPA) TEAM COMPRISED
7/13/95
OF HISPANIC -OWNED FIRM: VERDEJA &
GRAVIER IN ASSOCIATION WITH KPMG
PEAT MARWICK - TO EVALUATE
PROPOSALS TO BE RECEIVED IN
CONNECTION WITH RFP FOR UNIFIED
DEVELOPMENT OF A CAMPGROUND AND
RELATED FACILITIES ON VIRGINIA
KEY -- AUTHORIZE MANAGER TO
NEGOTIATE / EXECUTE AGREEMENT.
90. APPOINT MEMBERS TO REVIEW
R 95-558 211-214
COMMITTEE AND SELECT BLACK -OWNED
7/13/95
CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRM: SHARPTON BRUNSON &
COMPANY -- TO EVALUATE PROPOSALS
RECEIVED IN CONNECTION WITH RFP
FOR UNIFIED DEVELOPMENT OF A BOAT
YARD FACILITY ON VIRGINIA KEY --
AUTHORIZE MANAGER TO NEGOTIATE /
EXECUTE AGREEMENT. (Appointed:
Harris Shoopman, John Brennan,
Rev. John White & Rolando
Delgado; staff members: Phil
Luney, Ana Sardina, Bibi Legido &
Nancy Fernandez.)
91. APPOINT MEMBERS TO REVIEW
R 95-559 214-217
COMMITTEE AND SELECT CERTIFIED
7/13/95
PUBLIC ACCOUNTING (CPA) TEAM
COMPRISED OF HISPANIC -OWNED FIRM:
WATSON RICE HADNOTT THOMPKINS &
CRUZ, P.A. -- TO EVALUATE
PROPOSALS RECEIVED IN CONNECTION
WITH RFP FOR UNIFIED DEVELOPMENT
OF A BOTANICAL GARDEN ATTRACTION
ON WATSON ISLAND -- AUTHORIZE
MANAGER TO NEGOTIATE / EXECUTE
AGREEMENT. (Appointed: William
Talbert, David Hill, Phillip
Blumberg & Matthew Cicero; staff
members: Enrique Nunez, Karen
Coplin Cooper, Alberto Ruder,
Charlene Adelman, & Dianne
Johnson [alternate].)
5
92. APPROVE, IN PRINCIPLE,
DESIGNATION OF EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION
AS SPONSOR TO UNDERTAKE
DEVELOPMENT OF A 50-75 UNIT
RESIDENTIAL / RETAIL MIXED USE
PROJECT AT 1435, 1453 & 1461 S.W.
8 STREET, WITH CONDITIONS --
DIRECT EAST LITTLE HAVANA
COMMUNITY CORPORATION TO PREPARE
/ FINALIZE PROJECT PLANS /
SPECIFICATIONS / CONSTRUCTION /
PERMANENT FINANCING /
CONSTRUCTION SCHEDULE TO BE
SUBMITTED WITHIN 12 MONTHS FOR
FINAL APPROVAL BY THE
COMMISSION -- AUTHORIZE MANAGER
TO NEGOTIATE ACCEPTABLE RETURN TO
CITY FOR VALUE OF PARCELS WITH
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION,
PREDICATED ON A LAND
REIMBURSEMENT PROVISION.
93. AUTHORIZE MANAGER TO SECURE TWO
APPRAISALS CONCERNING LAND FOR
DEVELOPMENT OF 130 UNITS OF
AFFORDABLE HOUSING AT S.W. 10
STREET AND S.W. 2 AVENUE (OLD
UNITED WAY PROPERTY) BY THE
DOWNTOWN MIAMI COMMUNITY
DEVELOPMENT COALITION --
AUTHORIZE MANAGER TO ALLOCATE /
DISBURSE FUNDING ($825,000) FROM
CITY'S HOME INVESTMENT
PARTNERSHIP PROGRAM TO DEFRAY
SITE ACQUISITION COST PLUS
$25,000 (COSTS) -- ESTABLISH
$412,000 (OR. 50%) OF CITY'S
ACTUAL FINANCIAL ASSISTANCE TO
THE PROJECT AS THE AMOUNT TO BE
REIMBURSED BY PROJECT SPONSOR
AUTHORIZE MANAGER TO EXECUTE ALL
LEGAL DOCUMENTS. (See label 53)
R 95-560
7/13/95
R 95-561
7/13/95
94. (A) AUTHORIZE TRANSFER OF FUNDS R 95-562 224-226
($350,000) TO THE DOWNTOWN R 95-562.1
DEVELOPMENT AUTHORITY (DDA) AS 7/13/95
ADVANCE PAYMENT OF AD VALOREM
TAXES TO BE RECEIVED FROM METRO
DADE COUNTY -- PROVIDE FOR
PAYMENT OF INTEREST TO THE CITY
AT 6%.
(B) AUTHORIZE LOAN ($650,000) TO
DDA TO PROVIDE INTERIM FINANCING
FOR CONSTRUCTION OF AN
INTERNATIONAL TRADE CENTER IN
FORMER JORDAN MARSH BUILDING (4TH
FLOOR, 1601 BISCAYNE
BOULEVARD) -- PENDING
DISBURSEMENT OF $2,500,000 GRANT
AWARDED BY U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) TO DDA --
LOAN AGREEMENT TO BE EXECUTED BY
DDA PRIOR TO FIRST DRAW.
95. AUTHORIZE DOWNTOWN DEVELOPMENT R 95-563 227-228
AUTHORITY (DDA) TO ESTABLISH 7/13/95
PROPOSED MILLAGE RATE OF ONE-HALF
MILL FOR DOWNTOWN DEVELOPMENT
DISTRICT FOR FY OCTOBER 1, 1995 -
SEPTEMBER 30, 1996.
96. PROVIDE FOR ISSUANCE OF ONE OR R 95-564 228-229
MORE SERIES OF REVENUE BONDS IN 7/13/95
ORDER TO PAY CERTAIN CITY PENSION
AND SEVERANCE PAY OBLIGATIONS.
ACCEPT CENTRAL SERVICE COST R 95-565
ALLOCATION SELECTION COMMITTEE'S 7/13/95
RANKING OF TOP FIRMS TO PREPARE
ANNUAL CENTRAL SERVICE COST
ALLOCATION PLANS -- AUTHORIZE
MANAGER TO NEGOTIATE CONTRACT
WITH DAVID M. GRIFFITH &
ASSOCIATES, LTD. (HIGHEST RANKED
FIRM), IN CONJUNCTION WITH GRAU &
COMPANY, P.A.
230-231
98. ACCEPT RECOMMENDATION OF AUDIT
ADVISORY COMMITTEE FOR MOST
QUALIFIED FEMALE CERTIFIED PUBLIC
ACCOUNTING (CPA) FIRMS PROPOSING
SERVICES TO BE FOURTH MEMBER OF
ENGAGEMENT TEAM TO PROVIDE
EXTERNAL AUDITING AND ADDITIONAL
SERVICES -- AUTHORIZE MANAGER TO
NEGOTIATE CONTRACT WITH: (1)
DELOITTE & TOUCHE, LLP, (2)
SHARPTON, BRUNSON & COMPANY, (3)
SANSON, KLEIN, JACOMINO, AND (4)
WATSON & CO. AND AIDA E. BRIELE
AND ASSOCIATES -- ALLOCATE
$331,200.
99. COMPUTE PROPOSED MILLAGE RATE FOR
CITY OF MIAMI FOR FY OCTOBER 1,
1995 - SEPTEMBER 30, 1996
(GENERAL OPERATING: 9.5995, DEBT
SERVICES: 2.2604, TOTAL MILLAGE
RATE: 11.8599).
R 95-567 232-233
7/13/95
100. AUTHORIZE PURCHASE OF
R 95-568
MICROCOMPUTERS, PRINTERS, BOARDS
7/13/95
AND PERIPHERALS EQUIPMENT AND
SOFTWARE -- FROM VARIOUS VENDORS
(STATE OF FLORIDA CONTRACT NO.
250-040-93-1 & METROPOLITAN DADE
COUNTY CONTRACT NOS. 1059-10/93-
OTR-CW & 1941-2/96-OTR-CW) -- FOR
FINANCE DEPARTMENT -- ALLOCATE
$280,000 FROM VARIOUS DEPARTMENTS
THAT WILL ACQUIRE NEW
EQUIPMENT -- EXECUTE DOCUMENTS.
101. AUTHORIZE ISSUANCE OF $22,000,000
R 95-569
SPECIAL OBLIGATION NON -AD VALOREM
7/13/95
REVENUE BONDS, SERIES 1995
(ADMINISTRATION BUILDINGS
ACQUISITION PROJECT).
102. BRIEFLY DISCUSS AND TEMPORARILY
DISCUSSION
TABLE CONSIDERATION OF PROPOSED
7/13/95
RESOLUTION TO: (1) ACCEPT
PROPOSAL OF ARTHUR J. GALLAGHER &
COMPANY FOR FURNISHING INSURANCE
BROKERAGE SERVICES, AND (B)
APPROVE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT
PROTEST OF BELTRAN, ALEXANDER &
ALEXANDER IN CONNECTION WITH RFP
FOR INSURANCE BROKER SERVICES.
(See label 108)
234-235
S
103. AUTHORIZE MANAGER TO EXECUTE R 95-570 239-241
AGREEMENT WITH WHEELABRATOR SOUTH 7/13/95
BROWARD, INC. -- FOR ACCEPTANCE /
DISPOSAL OF CITY OF MIAMT
PROCESSABLE WASTE -- AMEND
EXISTING AGREEMENT TO CHANGE
TONNAGE. TO BE DELIVERED BY THE
CITY -- ALLOCATE $2,560,000 FROM
PROJECT 422001.
104. APPROVE / ADOPT ANNUAL BUDGET OF R 95-571 241-242
OFF-STREET PARKING FOR FY OCTOBER 7/13/95
1`, 1995 - SEPTEMBER 30, 1996
($7,175,339, EXCLUDING
DEPRECIATION, AND OTHER NON -
OPERATING EXPENSES OF
$1,800,018).
105. AUTHORIZE MANAGER TO EXECUTE R 95-572 242-244
PROFESSIONAL SERVICE AGREEMENTS 7/13/95
WITH INDIVIDUALS TO PROVIDE
COMMUNICATION OPERATOR SERVICES
FOR POLICE DEPARTMENT -- ALLOCATE
$150,000.
106.
R 95-573 244-246
7/13/95
ACCEPT BID: BREWER COMPANY OF
FLORIDA, INC. ($195,250, TOTAL
BID OF PROPOSAL) -- FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT -
PHASE 12 (SECOND BIDDING) B-
4576 -- ALLOCATE FUNDS FROM CIP
341175 ($195,250 - CONTRACT COST,
AND $24,165.91 - ESTIMATED
EXPENSES, TOTALING
$219,415.91) -- EXECUTE CONTRACT.
FURNISHING INSURANCE BROKERAGE
SERVICES, AND (B)APPROVE CHIEF
PROCUREMENT OFFICER'S DECISION TO
REJECT PROTEST OF BELTRAN,
ALEXANDER & ALEXANDER IN
CONNECTION WITH RFP FOR INSURANCE
BROKER SERVICES. (See label 102)
109.
RECONSIDER DEFERRAL OF AGENDA
R 95-576
251-252
ITEM CA-28 -- SETTLE CLAIM:
7/13/95
ANTONIO WHITE ($90,000).
110.
DISCUSSION CONCERNING MIAMI'S
DISCUSSION
252-253
CENTENNIAL CELEBRATIONS AT NET
7/13/95
OFFICES.
111.
WAIVE RENTAL FEE FOR USE OF
R 95-577
253-254
ORANGE BOWL FOR MIAMI DOLPHIN
7/13/95
SCRIMMAGE -- TO BE CONDUCTED BY
MIAMI DOLPHINS, INC. ON JULY 29,
1995.
112.
AUTHORIZE MANAGER TO ENTER INTO
R 95-578
254-255
AGREEMENT TO PROVIDE A GRANT
7/13/95
($121,000) TO ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC.
FOR DEVELOPMENT OF AFFORDABLE
HOUSING FOR LOW / VERY LOW INCOME
FAMILIES / INDIVIDUALS --
ALLOCATE FUNDS FROM HOME
INVESTMENT PARTNERSHIP PROGRAM
FUNDS.
113.
ALLOCATE $25,836 TO ALLAPATTAH
R 95-579
255-256
COMMUNITY ACTION, INC. -- TO
7/13/95
CONTINUE PROVIDING SOCIAL
SERVICES TO THE ELDERLY --
EXECUTE AGREEMENT.
114.
WAIVE FEES FOR USE OF ELIZABETH
R 95-580
256-257
VIRRICK PARK (3580 DAY AVENUE) --
7/13/95
FOR A"COMMUNITY PICNIC, SPONSORED
BY COCONUT GROVE FAMILY AND YOUTH
INTERVENTION CENTER (SUBSIDIARY
OF COCONUT GROVE LOCAL
DEVELOPMENT CORPORATION) ON
AUGUST 19, 1995.
ti
115.
EMERGENCY ORDINANCE: AMEND CODE,
EMERGENCY
257-261
CHAPTER 39, ARTICLE II (STREET
ORDINANCE
VENDING) - REDUCE REQUIRED
11288
INSURANCE FOR THE COCONUT GROVE
7/13/95
AND DOWNTOWN MIAMI SPECIAL
VENDING DISTRICTS -- REDUCE
REQUIRED FRANCHISE FEES FOR
DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT -- PROVIDE FOR FRANCHISE
VACANCIES AND RELINQUISHMENTS.
116.-
AUTHORIZE MANAGER TO ACCEPT
R 95-581
262-263
LOWEST RESPONSIBLE / RESPONSIVE
7/13/95
BID (NOT TO EXCEED $40,000)
FOR ARMBRISTER PARK IRRIGATION
SYSTEM RENOVATION PROJECT B-6235-
A -- ALLOCATE $48,224 TO COVER
CONTRACT COST AND ESTIMATED
'
EXPENSES FROM CIP 331342 (GRAND
AVENUE / ARMBRISTER PARK
RENOVATIONS) -- EXECUTE CONTRACT.
117.
ACCEPT BID: D.E. GIDI AND ASSOC.
R 95-582
263-264
CORP. ($73,129 TOTAL BID) -- FOR:
7/13/95
COCONUT GROVE MINI -PARK
RENOVATION B-6238 -- ALLOCATE
FUNDS ($73,129 - CONTRACT COST,
AND $12,621 - ESTIMATED EXPENSES,
TOTALING $85,750) FROM CIP
331382 -- AUTHORIZE CONTRACT.
118.
AMEND 90-871 -- PROVIDE FOR
R 95-583
264-266
INCREASE OF GUARANTEED
7/13/95
ENTITLEMENT PLEDGED BY CITY AS
SECURITY FOR COMMUNITY
REDEVELOPMENT REVENUE BONDS,
SERIES 1990.
119.
(Continued) AUTHORIZE MANAGER TO
R 95-584
266-267
_.
CONVERT $135,060 LOAN MADE TO
7/13/95
PEOPLES DRUG STORE, INC. AND
GUARANTEED BY GEORGE & GLORIA
LEWIS, FOR CONSTRUCTION OF
PEOPLE'S DRUG STORE, INTO A
GRANT -- EXECUTE NECESSARY
DOCUMENTS. (See label 78)
120. (Continued) AUTHORIZE MANAGER TO
PREPARE / SUBMIT AN APPLICATION
TO U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) -- FOR A
LOAN ($5.5 MILLION) UNDER HUD
SECTION 108 PROGRAM -- TO FINANCE
DEVELOPMENT OF A FOREIGN TRADE
ZONE COMPLEX IN WYNWOOD TARGET
AREA -- TO BE OPERATED BY DADE
FOREIGN TRADE ZONE, INC. (See
label 82)
121. CODESIGNATE N.W. NORTH RIVER
DRIVE FROM N.W. 3 STREET TO N.W.
4 STREET AS: CLYDE S. McLAREN
WAY.
122. APPROVE INSTALLATION OF STEEL
PICKET FENCE AT AFRICAN SQUARE
PARK -- BY RONALD M. GIBBONS
(UNDER DADE COUNTY CONTRACT 4641-
0/96) -- ALLOCATE $11,000 FROM
CIP 331053.
123.
DISCUSS AND CONTINUE (TO
SEPTEMBER MEETING) CONSIDERATION
OF PROPOSED RESOLUTION TO ISSUE
MAJOR USE SPECIAL PERMIT TO
DESIGNATE BAYSHORE VILLAS PROJECT
(2066 N. BAYSHORE DRIVE) AS A
PLANNED UNIT DEVELOPMENT.
[Applicant(s): Reese Bayshore
Corp. (owner); Reese Bayshore
Corp. of Hollywood (buyer).]
GRANT CLASS I SPECIAL PERMIT (95-
0118) FOR EXCEPTION TO SECTION
333.03(3), FLORIDA STATUTES --
APPROVE BUENA VISTA REPLACEMENT
SCHOOL IN MIAMI INTERNATIONAL
AIRPORT CLEAR ZONE (RUNWAY
APPROACH PATH) AT N.W. 30 STREET
AND 3 AVENUE -- ZONED C-2 LIBERAL
COMMERCIAL. [Applicant(s):
School Board of Dade County.]
R 95-585
7/13/95
R 95-586
7/13/95
R 95-587
7/13/95
M 95-588
7/13/95
R 95-589
7/13/95
268-272
272-273
274-276
277-280
125. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO CLOSE /
VACATE / ABANDON / DISCONTINUE
PUBLIC USE OF ALLEY BOUNDED BY
N.E. 62 STREET (NORTH), N.E. 61
STREET (SOUTH), N.E. 2 AVENUE
(WEST), AND N.E. 2 COURT (EAST)
(TENTATIVE PLAT 1405-B, 62ND
PLAZA). [Applicant(s): Jean-
Claude Timmer.] (See label 128)
126. GRANT VARIANCE TO ALLOW: (1) A
NORTH SIDE YARD SETBACK FOR
EXISTING ADDITION OF A FLORIDA
ROOM TO THE FRONT RESIDENCE, (2)
A SOUTH SIDE YARD SETBACK FOR AN
EXISTING TWO BEDROOM UNIT, AND
(3) TO WAIVE THREE OF FOUR
REQUIRED PARKING SPACES -- AT
2701 N.W. 24 COURT -- ZONED R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL. [Applicant(s) /
Appellant(s): Carlos Lopez for
Caribe Insurance.]
DISCUSSION 281-283
7/13/95
R 95-590 283-286
7/13/95
4MV
127. GRANT SPECIAL EXCEPTION TO ALLOW
R 95-591 286-293
ONE ADDITIONAL UNIT FOR EACH
7/13/95
ADDITIONAL 2,500 SQUARE FEET OF
LOT AREA FOR PROJECT WITH NET LOT
AREA OF 20,351.25 SQ. FT.,
CONTAINING FOUR STRUCTURES WITH
TOTAL OF EIGHT UNITS (WITH
CONDITIONS) AT 1320, 1322, 1324,
1326, 1328, 1330, 1332, 1334 N.W.
31 AVENUE (ZONED R-2 TWO-FAMILY
RESIDENTIAL). [Applicant(s): 0.
& E. Garcia, M. Martin, H. & R.
Gonzalez. Appellant(s): Adjacent
owners and neighbors.]
128. (Continued) CLOSE / VACATE /
R 95-592 293-294
ABANDON / DISCONTINUE PUBLIC USE
7/13/95
OF ALLEY BOUNDED BY N.E. 62
STREET (NORTH), N.E. 61 STREET
(SOUTH), N.E. 2 AVENUE (WEST),
AND N.E. 2 COURT (EAST)
(TENTATIVE PLAT 1405-B, 62ND
PLAZA). [Applicant(s): Jean-
Claude Timmer.] (See label 125)
i�d
129 DENY TWO VARIANCES: (1) TO ALLOW
A SIDE YARD SETBACK, AND (2) TO
WAIVE FOUR OF SEVEN REQUIRED
PARKING SPACES TO EXISTING
COMMERCIAL STRUCTURE AT 6600
BISCAYNE BOULEVARD -- ZONED C-1
RESTRICTED COMMERCIAL / SD-9
BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT. [Applicant(s): H. & L.
Perez (owners); J. Socarras for
Rimje, Inc. (lessee).
Appellant(s): Planning, Building
& Zoning Dept.]
130. GRANT VARIANCE TO PERMIT A SIDE
YARD SETBACK AND A REAR YARD
SETBACK FOR EXISTING ADDITION TO
A SINGLE FAMILY RESIDENCE AT 575
N.W. 59 AVENUE -- ZONED R-1
SINGLE FAMILY RESIDENTIAL --
SUBJECT TO CONDITIONS.
131. DISCUSS AND CONTINUE (TO
SEPTEMBER MEETING) CONSIDERATION
OF PROPOSED RESOLUTION TO APPEAL
SPECIAL EXCEPTION TO ALLOW A
TRANSMISSION TOWER IN CONNECTION
WITH A CELLULAR COMMUNICATION
SITE AT 749 N.W. 4 AVENUE --
ZONED C-1 RESTRICTED COMMERCIAL.
[Applicant(s): Robert F. Oden
(Trustee). Appellant(s):
Overtown Advisory Board.]
132. GRANT MAJOR USE SPECIAL PERMIT
FOR BRICKELL POINT PROJECT AT 401
BRICKELL AVENUE. [Applicant(s):
Atlantis on Brickell Associates.]
133. GRANT MAJOR USE SPECIAL PERMIT TO
DESIGNATE BRICKELL POINT PROJECT
(401 BRICKELL AVENUE) AS A
PLANNED UNIT DEVELOPMENT.
[Applicant(s): Atlantis on
Brickell Associates.]
134. GRANT MAJOR USE SPECIAL PERMIT
FOR BRICKELL ON THE RIVER PROJECT
(27 S.E. 5 STREET).
[Applicant(s): Pacific
International Equities, Inc.]
R 95-593 295-302
7/13/95 t
R 95-594
7/13/95
DISCUSSION
7/13/95
R 95-595
7/13/95
R 95-596
7/13/95
R 95-597
7/13/95
303-306
307-309
310-312
312-313
313-315
135. GRANT MAJOR USE SPECIAL PERMIT
FOR BRICKELL BAYFRONT CLUB
PROJECT (185 S.E. 14 TERRACE).
[Applicant(s): Terremark
Brickell Ltd.]
136 GRANT MAJOR USE SPECIAL PERMIT TO
DESIGNATE OCEAN GROVE TOWER
PROJECT (3202 & 3350 S.W. 27
AVENUE) AS A PLANNED UNIT
DEVELOPMENT (WITH CONDITIONS).
[Applicant(s): Cornelia
Enterprises, Inc. & Peacock
Properties, Inc.]
137. GRANT MAJOR USE SPECIAL PERMIT
FOR INCREASED DEVELOPMENT BONUS
OF 0.84% F.A.R. FOR OCEAN GROVE
TOWER PROJECT AT 3202 & 3350 S.W.
27 AVENUE. (Applicant(s):
Cornelia Enterprises, Inc. &
Peacock Properties, Inc.]
R 95-598
7/13/95
R 95-599
7/13/95
R 95-600
7/13/95
138. SECOND READING ORDINANCE: AMEND ORDINANCE
MIAMI COMPREHENSIVE NEIGHBORHOOD 11289
PLAN (MCNP ORDINANCE 10544) 7/13/95
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 4101 N.W.
11 STREET AND 1135-1145 N.W. 41
AVENUE FROM MEDIUM -DENSITY
MULTIFAMILY RESIDENTIAL TO
GENERAL COMMERCIAL.
[Applicant(s): Ronald Pellitero
for Pell / Cruz Investments,
Inc.]
139. SECOND READING ORDINANCE: AMEND ORDINANCE
ZONING ORDINANCE 11000 ATLAS - 11290
CHANGE DESIGNATION AT 4101 N.W. 7/13/95
11 STREET AND 1135-1145 N.W. 41
AVENUE FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO C-2
LIBERAL COMMERCIAL.
[Applicant(s): Ronald Pollitero
for Pell / Cruz Investments,
Inc.]
317-320
322-341
a�
A
140.
FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 1744/1756
N. BAYSHORE DRIVE, 1783/1795 N.E.
4 AVENUE AND 407 N.E. 17 TERRACE
FROM HIGH DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED
COMMERCIAL. [Applicant(s): Tibor
Hollo & Synchron Parking Systems,
Inc. (owners).]
141.
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT 1744/1756
N. BAYSHORE DRIVE, 1783/1795 N.E.
4 AVENUE AND 407 N.E. 17 TERRACE
FROM R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICTS.
[Applicant(s): Tibor Hollo &
Synchron Parking Systems Inc.
(owners).]
142.
FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 3711-3713
S.W. 27 STREET FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL. [Applicant(s): Diane
H. Hoyos, Trustee (owner), Lazaro
Milton (buyer).]
143.
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT 3711-3713
- S.W. 27 STREET FROM R-2 TWO-
FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL.
[Applicant(s): Diane H. Hoyos,
Trustee (owner), Lazaro Milton
(buyer).]
ORDINANCE
FIRST
READING
7/13/95
ORDINANCE
FIRST
READING
7/13/95
347-359
359-360
J2'
144. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION IN COCONUT
GROVE AREA BY DELETING PEDESTRIAN
STREET INDICATION / PRIMARY
PEDESTRIAN PATHWAY DESIGNATION ON
OAK AVENUE AND MARY STREET.
[Applicant(s): Planning, Building
& Zoning Dept.]
145. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION FOR CERTAIN
PROPERTIES WITHIN WYNWOOD FOREIGN
TRADE ZONE FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO I
INDUSTRIAL. [Applicant(s):
Planning, Building & Zoning
Dept.]
146. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION FOR CERTAIN
PROPERTIES WITHIN WYNWOOD FOREIGN
TRADE ZONE FROM C-2 LIBERAL
COMMERCIAL TO I INDUSTRIAL.
[Applicant(s): Planning, Building
& Zoning Dept.]
147.
SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT --
ALLOW MAJOR SPORTS FACILITIES IN
THE G/I GOVERNMENT AND
INSTITUTIONAL ZONING DISTRICT BY
MAJOR USE SPECIAL PERMIT.
[Applicant(s): Planning, Building
& Zoning Dept.]
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT --
PROHIBIT VARIANCES FOR REDUCTIONS
IN VISIBILITY TRIANGLES.
[Applicant(s): Planning,_ Building
& Zoning Dept.]
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT --
AMEND REGULATIONS FOR ON -SITE
SIGNS ABOVE A HEIGHT OF FIFTY
FEET ABOVE GRADE. [Applicant(s):
Planning, Building & Zoning
Dept.]
ORDINANCE 360-361
11291
7/13/95
ORDINANCE
FIRST
READING
7/13/95
ORDINANCE
FIRST
READING
7/13/95
ORDINANCE
11292
7/13/95
ORDINANCE
FIRST
READING
7/13/95
ORDINANCE
FIRST
READING
7/13/95
362-364
364-366
366-368
's
150.
GRANT REQUEST FOR FEE WAIVER FROM
R 95-601
370-371
MIAMI AMATEUR BASEBALL
7/13/95
ASSOCIATION (M.A.B.A.) FOR 1995
CHAMPIONSHIP AT BOBBY MADURO
STADIUM (AUGUST 6 - DECEMBER 17,
I995).
151.
CITY COMMISSION THANKS SERGIO
DISCUSSION
371-372
RODRIGUEZ, ASSISTANT CITY MANAGER
7/13/95
AND DIRECTOR, PLANNING, BUILDING
& ZONING DEPARTMENT, FOR HIS 12
YEARS OF INVALUABLE SERVICE TO
THE CITY.
152.
BRIEF COMMENTS CONCERNING
DISCUSSION
372-373
PREVIOUSLY WITHDRAWN AGENDA ITEM
7/13/95
CA-13 (PROPOSED RESOLUTION TO
ACCEPT BID OF MURRAY FENCE
COMPANY FOR FURNISHING /
INSTALLATION OF CHAIN LINK
FENCING AT POLICE AUTO POUND).
153.
DIRECT CITY ATTORNEY TO PREPARE
DISCUSSION
373-374
LEGISLATION CONCERNING
7/13/95
PROHIBITING INSTALLATION OF
SPIKED FENCES.
r
j
i
i
P
is
f
a+
r9
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of July, 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 8:02 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: By memo from the City Manager,
agenda items -13, -i 4, CA-17, CA-18, CA-21, 19, 20, 21,
22, 46, 69, 70, 71, 72, 98, and 100 were withdrawn.
--------------------------
----------------------------------------------------------- -
1. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF JOSEPH GRASSIE.
---------------------
-------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, I think it would be appropriate, as we always have done, in
the 'recognition of a distinguished gentleman who served this City who passed away just
recently, Mr. Joe Grassie, who was a former City Manager, and I would make a resolution at this
time to spread upon the minutes and offer to his family our condolences in the appropriate
manner, as we've always done before,'and I so move.
Mayor Clark:, Second. No exception, Mr. Clerk.- 'Cast a unanimous ballot.,
_ 1 July 1-3, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-479
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JOSEPH
GRASSIE, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
2. CONSENT AGENDA -- MISCELLANEOUS COMMENTS -- REINSTATE
CA-14, CA-17 & CA-18 -- DEFER CA-28 -- DIRECT ADMINISTRATION
NOT TO INCLUDE BIDDERS WHO ARE NOT QUALIFIED ON BIDDERS
LISTS IN AGENDA PACKAGE.
Vice Mayor Plummer: You're going to have to give me a minute, Mr. Mayor, to see all of these
that are withdrawn.
Commissioner Gort: I don't have them.
Mayor Clark: I have a copy right here.
Vice Mayor Plummer: Does the board reflect all of these? I don't think so. Thirteen, 14, 17... I
guess it does.
Mayor Clark: Yes, it does. We have a copy. Everybody should have received a copy in their
office
Vice Mayor Plummer: Yeah, well, I'm just thinking for the people in the audience, Mr. Mayor.
Mayor Clark: All right. Read the consent agenda of deferrals or withdrawals. Those numbers
again?
Vice Mayor Plummer: The consent agenda is 13, 14, 17, 18, and 21. Of the regular agenda,
items 19, 20, 21, 22, 46, 69, 70, 71, and 72 have been pulled prior to the start of this meeting.
2 July 13, 1995
ZV
f
Mr. Cesar Odio (City Manager): What are you reading?
Lt. Joseph Longueira: Commissioner...
Vice Mayor Plummer:I'm reading from this paper here with your signature on it.
Mr. Odio: Wait a minute. I haven't seen that.
Lt. Longueira: Commissioner, I believe Commissioner Dawkins is willing to let CA-14 remain
on.
Vice Mayor Plummer: Well, then I'll pull it just so it won't be a problem.
Mayor Clark: All of those... Anything further, Mr. Manager?
Commissioner Dawkins: Hold it just one minute, Mr. Mayor. They got... Give me a moment.
Vice Mayor Plummer: All right. Thirteen, 14. Hold on.
Mayor Clark: CA-18.
Mr. Odio: Mr. Mayor, I need to withdraw another item, please.
Mayor Clark: What number is it?
Vice Mayor Plummer: What number.
Mr. Odio: It's 58.
Vice Mayor Plummer: Of the regular agenda.
Mayor Clark: Fifty-eight?
Mr. Odio: Yes, sir. No, wait a minute.
Vice Mayor Plummer: Fifty-eight.
Mr. Odio: Is that the... Yeah, 58. Yes, sir. Just a minute.
_Mayor Clark: First of all, let's take the consent agenda.
Mr. Odio: It's 99. He's going to pull it.
Vice Mayor Plummer: All right. Mr. Mayor, if you would just give us a half a second, please.
Mayor Clark: Yes, sir.
Mr. Odio And. I'd like to withdraw item 35. I'm sorry. There's so many.
NOTE FOR THE RECORD: At this point, agenda items 35 and 58
were withdrawn.
3 July 13,1995
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: Mr. Mayor, the Manager says that there's two items I pulled that they
need. And... What is the one, Joe, on the flooring?
Lt. Longueira: CA-14.
Commissioner Dawkins: CA-14, I pulled. I'd like to reinsert it, please. And the Manager says
he needs CA-18. I'd like to reinsert those. But I'm not doing this no more in life.
Commissioner Gort: How about 13?
Vice Mayor Plummer: Wait a minute. We're restoring 14 and...
Mr. Odio: And I'd like to withdraw, Mr. Commissioner, item 35. Withdraw that one.
Commissioner Dawkins: OK. You're withdrawing it, OK. Yeah.
Mr. Odio: I am withdrawing 35.
Commissioner Dawkins: OK.
Vice Mayor Plummer: All right. Are we...
Mayor Clark: OK.
Vice Mayor Plummer: We're restoring what? Fourteen...
Commissioner Dawkins: Fourteen and 18, Commissioner.
Vice Mayor Plummer: Fourteen...
Mr. Odio: CA-14 and CA-18.
Vice Mayor Plummer: Whew! OK. Hold on. Fourteen.
Commissioner Dawkins: And I'd like. I've got one question before we begin on CA-4.
Mayor Clark: All right.
Commissioner Dawkins: And then we can go through. On CA-4, Mr. Mano Surana.
Mr. Manohar Surana: Yes, sir.
Commissioner Dawkins: You got 7, 8, and 9, and you got the low bid. But the low bid on 9 is
forty dollars and thirty cents ($40.30), and you awarded it to this guy for forty-seven dollars.
Why?
Mr. Odio: Judy, Judy. Listen to the question, please.
Ms. Judy Carter: I'm sorry, I didn't hear it, sir. Excuse me, please.
Commissioner Dawkins: CA-4. If CA-4... You know, what's your job? Are you an affirmative
action officer, or are you a procurement officer? I need to know what you are.
n
a.
July 13, 1995
Ms. Carter: That's a good question. I don't...
Commissioner Dawkins: I mean, I know it is. I need to know what you're doing.
Mayor Clark: All right. Today is a very, very long day.
Commissioner Dawkins: OK. Thank you, Mr. Mayor. Number 9 - I mean...
Ms. Carter: CA-4.
Commissioner Dawkins: CA-4, item 9. You got Vendor A has 9 for forty-eight dollars ($48).
Vendor B has it for forty dollars and thirty cents ($40.30). 'Yet, we awarded it to Vendor C for
forty-seven dollars ($47). Why?
Ms. Carter: OK, go ahead.
Chief Tracy Jackson: Honorable Commission, Chief Jackson, Fire Department. The bid
tabulation you're referring to, Mr. Commissioner, was done by the Fire Department. If it pleases
the Commission, I'll respond.
Mr. Odio: Why were they responding?
Chief Jackson: The reason that was done is that you can't see it here, but the item that was
requested, the two people who did not get the award were not awarded the item because of
noncompliance. We try to always work with people. You can see that we split this bid up
between a couple of people, and we attempt to get the best product for the best price. The reason
they didn't get it, Mr. Commissioner, is that they did not meet the specifications for that
particular item.
Vice Mayor Plummer: Well, you know... Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I've said it before, and I'll say it again. If they didn't meet the specs,
their names should not be on there. They're not qualified bidders.
Ms. Carter: No, sir, they're nonresponsive.
Vice Mayor Plummer: They're nonresponsive, so why do you even put in there their names, if
they did not respond properly?
Mr. Carter: That was an error on our part.
Chief Jackson: Commissioner Plummer, you're correct.
Vice Mayor Plummer: I mean, I've said this for years, that you create a problem by putting
names with numbers in there that don't meet the specs. So as far as I'm concerned, they're
totally out of the picture.
Chief Jackson: Commissioner Plummer, you're correct. I attempted to do this on my own due
to the loss of key personnel in Fire Administration. You're totally correct, and it won't be
reflected...
5
Commissioner Dawkins: That's all right. Mr. Mayor, I'll move this, and I'll put in writing my
complaints, because I'm dissatisfied. But I... We've got a long day.
Mayor Clark. All right. We'll move forward.
Commissioner Dawkins: And move 7... They want me to put 17 back. I put 17 back.
Mayor Clark: All right. On item B, approving the minutes of Regular and Planning and Zoning
meeting, April 27th.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
NOTE FOR THE RECORD: On a motion duly made by Vice
Mayor Plummer and seconded by Commissioner Gort, the
minutes of Commission meeting of April 27, 1995, were approved
by the Commission.
Commissioner Dawkins: Seventeen is included in there, please, sir.
Mayor CIark: All right, sir.
Commissioner Dawkins: Thank you.
Mayor Clark: CA-1... Anything else that change...
Vice Mayor Plummer: The only one I want to pull is 28 on a settlement of a law... which if
they'll furnish me... I didn't have the backup.
Mayor Clark: On the consent agenda?
Vice Mayor Plummer: Yes, sir. Just 28.
Mayor Clark: Twenty -A or 28?
Vice Mayor Plummer: Twenty-eight. I need some backup on it. I saw backup on the others.
Commissioner Gort: Twenty-eight.
Vice Mayor Plummer: OK.
Commissioner Gort: Moved and seconded.
Commissioner Dawkins: Second.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT 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 GORT, 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.
2.1. ADD "LA PRENSA DE MIAMI" (CONDITIONED UPON COMPLIANCE WITH
FLORIDA STATUTES, AND CITY CHARTER / CODE PROVISIONS) TO LIST OF
PERMITTED NEWSPAPERS FOR CITY ADVERTISEMENTS -- AMEND 94-755.
RESOLUTION NO.95-480
A RESOLUTION AMENDING RESOLUTION NO. 94-755, ADOPTED
OCTOBER 27, 1994, WHICH RESOLUTION ESTABLISHED
CRITERIA AND PROCEDURES FOR NEWSPAPERS WHICH CITY
DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR
PUBLISHING PUBLIC NOTICES AND FURTHER LISTED THE
NAMES OF THE ONLY NEWSPAPERS APPROVED FOR SAID USE,
THEREBY ADDING "LA PRENSA DE MIAMI" TO SAID LIST OF
NEWSPAPERS, CONDITIONED UPON COMPLIANCE WITH ALL
REQUIREMENTS THAT MAY BE IMPOSED BY THE FLORIDA
STATUTES AND ALL APPLICABLE CITY CHARTER AND CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
A RESOLUTION ACCEPTING THE BID OF RP ASSOCIATES FOR
THE FURNISHING OF ROTATIONAL STORAGE/SHIPPING CASES
FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED AMOUNT OF $23,176.52; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3. ACCEPT BID: MIAMI DISCOUNT TOOLS -- FOR FURNISHING VARIOUS BITS
AND BLADES (FOR FIRE -RESCUE DEPT.) -- ALLOCATE $5,679.45 FROM CIF
313825.
RESOLUTION NO. 95-482
A RESOLUTION ACCEPTING THE BID OF MIAMI DISCOUNT
TOOLS FOR THE FURNISHING OF VARIOUS BITS AND BLADES
FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED AMOUNT OF $5,679.45; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of -
the City Clerk.)
2.4. ACCEPT BID: TEN-8 FIRE EQUIPMENT -- FOR FURNISHING ELECTRICAL
EQUIPMENT (FOR FIRE -RESCUE DEPT.) -- ALLOCATE $6,501.56 FROM CIP
313825.
RESOLUTION NO.95-483
A RESOLUTION ACCEPTING THE BID OF TEN-8 FIRE
EQUIPMENT FOR THE FURNISHING OF ELECTRICAL
EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE AT A
TOTAL PROPOSED AMOUNT OF $6,501.56; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT.
8 July 13, 1995
x
"low)
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5. ACCEPT BID: AZARA.T -- FOR FURNISHING NOTEBOOK COMPUTERS AND
ACCESSORIES (FOR FIRE -RESCUE DEPT.) -- ALLOCATE $13,102 FROM CIP
313825.
RESOLUTION NO.95-484
A RESOLUTION ACCEPTING THE BID OF AZARAT FOR THE
FURNISHING OF NOTEBOOK COMPUTERS AND ACCESSORIES,
FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED AMOUNT OF $13,102.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6. ACCEPT BID: HALLMARK FIRE APPARATUS -- FOR FURNISHING
HYDRAULIC EXTRICATION TOOLS (FOR FIRE -RESCUE DEPT.) -- ALLOCATE
$15,156.35 FROM CIP 313825.
RESOLUTION NO. 95-485
A RESOLUTION ACCEPTING THE BID OF HALLMARK FIRE
APPARATUS FOR THE FURNISHING OF HYDRAULIC
EXTRICATION TOOLS FOR THE DEPARTMENT OF FIRE -RESCUE
AT A TOTAL PROPOSED AMOUNT OF $15,156.35; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
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.)
7
9 July 13, 1995
dlii� crp(
2.7. ACCEPT BIDS: (1) IMA TOOL DISTRIBUTOR ($3,757.50), (2) HYDRAULIC
SUPPLY, INC. ($22,852.93), AND (3) MATTHEW OPPERMAN ($20,404.75) -- FOR
FURNISHING TOOLS AND EQUIPMENT (FOR FIRE -RESCUE DEPT.) --
ALLOCATE $47,015.18 FROM CIP 313825.
RESOLUTION NO.95-486
A RESOLUTION ACCEPTING THE BIDS OF IMA TOOL
DISTRIBUTOR, IN THE AMOUNT OF $3,757.50; HYDRAULIC
SUPPLY, INC., IN THE AMOUNT OF $22,852.93; AND MATTHEW
OPPERMAN, IN THE AMOUNT OF $20,404.75, FOR THE
FURNISHING OF VARIOUS TOOLS AND EQUIPMENT FOR THE
DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED COST
OF $47,015.18; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 313825, ACCOUNT
CODE NO. 802801-840; 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.)
2.8. ACCEPT BID: SAFETY EQUIPMENT CO. -- FOR FURNISHING FIREFIGHTER
PBI VENTILATING HOODS (FOR FIRE -RESCUE DEPT.) -- ALLOCATE $12,610.
RESOLUTION NO.95-487
A RESOLUTION ACCEPTING THE BID OF SAFETY EQUIPMENT
CO. FOR THE FURNISHING OF FIREFIGHTER PBI VENTILATING
HOODS, FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED AMOUNT OF $12,610.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 280601-840;
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.)
10 July 13, 1995 ,
{
2.9. ACCEPT BID: ARGOS PURIFICATION SYSTEMS -- FOR FURNISHING AND
MAINTENANCE OF INDUSTRIAL AIR CLEANERS (FOR POLICE DEPT.) --
ALLOCATE $14,877.10 -- EXECUTE CONTRACT.
RESOLUTION NO.95-488
A RESOLUTION ACCEPTING THE BID OF ARGOS PURIFICATION
SYSTEMS FOR THE FURNISHING AND MAINTENANCE OF
INDUSTRIAL AIR CLEANERS FOR THE DEPARTMENT OF
POLICE, ON A CONTRACT BASIS FOR A PERIOD OF ONE (1)
YEAR, AT A TOTAL PROPOSED AMOUNT OF $14,877.10;
ALLOCATING FUNDS THEREFOR FROM POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 290201-670 ($2,700.00) AND CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 312015, ACCOUNT NO. 299401-840
($12,177.10); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT AND SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.10. ACCEPT BID: N.A. LAND CLEARING -- FOR FURNISHING DEMOLITION
SERVICE TO A TWO-STORY COMMERCIAL STRUCTURE (2111 N.W. 1 PLACE)
(FOR PLANNING, BUILDING & ZONING DEPT.) -- ALLOCATE $67,000 FROM
CDBG DEMOLITION FUND.
RESOLUTION NO. 95-489
A RESOLUTION ACCEPTING THE BID OF N.A. LAND CLEARING
FOR THE FURNISHING OF DEMOLITION SERVICE TO A TWO-
STORY COMMERCIAL STRUCTURE LOCATED AT 2111 N.W. 1ST
PLACE, MIAMI, FLORIDA, FOR THE DEPARTMENT OF
PLANNING, BUILDING, AND ZONING AT A TOTAL PROPOSED
AMOUNT OF $67,000.00; ALLOCATING FUNDS THEREFOR FROM
THE COMMUNITY DEVELOPMENT BLOCK GRANT DEMOLITION
FUND, ACCOUNT CODE NO. 452020-340-799206; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 July 13, 1995
A RESOLUTION ACCEPTING THE BID OF JD CREATIONS AND
MANUFACTURING FOR THE FURNISHING OF EMPLOYEE
SERVICE AWARDS, FOR THE DEPARTMENT OF PERSONNEL
MANAGEMENT AT A TOTAL PROPOSED ANNUAL COST OF
$9,096.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 270101-692; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12. ,ACCEPT BID: PHOENIX WORLDWIDE INDUSTRIES -- FOR FURNISHING ONE
UNMARKED PRISONER TRANSPORT VAN (FOR POLICE DEPT.) -- ALLOCATE
$25,400.
RESOLUTION NO.95-491
A RESOLUTION ACCEPTING THE BID OF PHOENIX WORLDWIDE
INDUSTRIES FOR THE FURNISHING OF ONE (1) UNMARKED
PRISONER TRANSPORT VAN, FOR THE DEPARTMENT OF
POLICE AT A TOTAL PROPOSED AMOUNT OF $251400,00;
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 OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.13. ACCEPT BID: UNISYS CORPORATION -- FOR FURNISHING AND
INSTALLATION OF FLOORING AT THE FIRE TRAINING FACILITY (FOR
POLICE DEPT.) -- ALLOCATE $20,475.
RESOLUTION NO.95-492
A RESOLUTION ACCEPTING THE BID OF UNISYS
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
FLOORING AT THE FIRE TRAINING FACILITY FOR THE
DEPARTMENT OF POLICE, AT A TOTAL PROPOSED AMOUNT OF
$20,475.00; ALLOCATING FUNDS THEREFOR FROM E911
OPERATING BUDGET ACCOUNT CODE NO. 290461-340,
PROJUECT NO. 196002; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
12 July 13,1995
n
1119 .+1Ly _`viG111.J
2.14. ACCEPT BID: ANACOMP INC. -- FOR FURNISHING MICROFICHE AND
MICROFILM SERVICES (FOR FINANCE DEPT.) -- ALLOCATE $35,000
EXECUTE CONTRACT.
RESOLUTION NO.95-493
A RESOLUTION ACCEPTING THE BID OF ANACOMP, INC., FOR
THE FURNISHING OF MICROFICHE AND MICROFILM SERVICES
FOR THE DEPARTMENT OF FINANCE, FOR A PERIOD OF ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR FOUR (4)
ADDITIONAL TERMS OF ONE (1) YEAR EACH, AT A TOTAL
PROPOSED FIRST YEAR COST OF $35,000.00; ALLOCATING
FUNDS THEREFOR FROM 1994-95 DEPARTMENT OF FINANCE,
GENERAL FUND, ACCOUNT CODE NO. 460201-340; FURTHER
STIPULATING THAT PRICE INCREASES FOR EACH ADDITIONAL
TERM ARE LIMITED TO 4% PER YEAR; 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.)
2.15. ACCEPT BID: WARREN FENCE COMPANY, INC. -- FOR FURNISHING AND
INSTALLATION OF CHAIN LINK FENCING AT CHARLES HADLEY PARK (FOR
PARKS &c RECREATION DEPT.) -- ALLOCATE $34,361 FROM CDBG FUNDS.
RESOLUTION NO.95-494
A RESOLUTION ACCEPTING THE BID OF WARREN FENCE
COMPANY, INC. FOR THE FURNISHING AND INSTALLATION OF
CHAIN LINK FENCING AT CHARLES HADLEY PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
PROPOSED AMOUNT OF $34,361.00; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NO. 702404, ACCOUNT CODE NO. 451941=860;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 July 13,1995
2.16. AUTHORIZE PURCHASE: COMPUTERS AND PERIPHERALS (UNDER
EXISTING DADE COUNTY MICROCOMPUTER CONTRACT NOS. 1059-10/93-1-
OTR-CW & 1941-2/96-2-OTR-CW) -- FROM ENTEX INFORMATION SERVICES
(FOR OFFICE OF ASSET MANAGEMENT & CAPITAL IMPROVEMENTS) --
ALLOCATE $46,682.41.
RESOLUTION NO.95-495
A RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTERS
AND PERIPHERALS, UNDER EXISTING DADE COUNTY
MICROCOMPUTER CONTRACT NOS. 1059-10/93-1-OTR-CW AND
1941-2/96-2-OTR-CW, FROM ENTER INFORMATION SERVICES IN
THE AMOUNT OF $46,682.41 FROM THE OFFICE OF ASSET
MANAGEMENT AND CAPITAL IMPROVEMENTS; ALLOCATING
FUNDS THEREFOR FROM THE OFFICE OF ASSET MANAGEMENT
AND CAPITAL IMPROVEMENTS OPERATING BUDGET,
ACCOUNT NO. 921201-840; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.17. ACCEPT BID: UNISYS CORPORATION -- FOR FURNISHING COMPUTER
EQUIPMENT FOR UNISYS A17 (UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-050-94-1) (FOR FINANCE DEPT.) -- ALLOCATE $35,000.
RESOLUTION NO.95-496
A RESOLUTION ACCEPTING THE BID OF UNISYS
CORPORATION FOR THE FURNISHING OF COMPUTER
EQUIPMENT FOR THE UNISYS A17 UNDER AN EXISTING STATE
OF FLORIDA CONTRACT NO. 250-050-94-1, AT A TOTAL
PROPOSED AMOUNT NOT TO EXCEED $35,000, FOR THE
DEPARTMENT OF FINANCE; ALLOCATING FUNDS THEREFOR
FROM DEPARTMENT OF FINANCE 1994-95 EQUIPMENT FUND,
ACCOUNT NO. 460101-840; 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.)
14 July 13, 1995
F
ArdOW1'V I IWO 11qV. 70- t7
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
MIAMI POLICE DEPARTMENT TO PARTICIPATE IN THE U.S.
DEPARTMENT OF JUSTICE'S MODULAR UNIT TRAILER LOAN
PROGRAM AND ACCEPT TWELVE (12) F.E.M.A. TRAILERS FROM
SAID PROGRAM; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
ACCEPTANCE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.19. AUTHORIZE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL --
ALLOCATE $35,000 FROM LETF.
RESOLUTION NO.95-498
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE-
MIAMI CRIMINAL JUSTICE COUNCIL, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.20. AUTHORIZE MANAGER TO EXECUTE AN AMENDMENT TO BRICKELL
AVENUE HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) -- FOR
MAINTENANCE OF LANDSCAPED MEDIAN STRIPS IN RIGHTS -OF -WAY OF
BRICKELL AVENUE FROM S.E. 5 STREET TO S.E. 8 STREET.
RESOLUTION NO.95-499
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
BRICKELL AVENUE HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE
OF LANDSCAPED MEDIAN STRIPS IN THE RIGHTS -OF -WAY OF
BRICKELL AVENUE FROM SOUTHEAST 5TH STREET TO
SOUTHEAST 8TH STREET IN THE CITY OF MIAMI, FLORIDA;
FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
i5 July 13, 1995
DFESSIONAL AGREEMENTS WITH
RINT EXAMINER SERVICES (FOR
RESOLUTION NO.95-500
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER ` TO EXECUTE, PROFESSIONAL SERVICE
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH INDIVIDUALS TO PROVIDE LATENT PRINT EXAMINER
SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $24,000, FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, INDEX CODE 290201-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.22. AUTHORIZE MANAGER TO EXECUTE AN AMENDMENT TO EXISTING
PROFESSIONAL SERVICES AGREEMENT WITH PEER CONSULTANTS, P.C. --
FOR THE VIRGINIA KEY YARD / TRASH MANAGEMENT FACILITY (3851
RICKENBACKER CAUSEWAY) -- TO ADD AN EDUCATIONAL COMPONENT
TO SERVICES PROVIDED (CONSISTING OF A BROCHURE, EDUCATIONAL
VIDEO, PROMOTIONAL VIDEO AND STUDENT COLORING BOOK) --
INCREASE COMPENSATION PAYABLE THEREUNDER BY $33,440 --
ALLOCATE FUNDS FROM FY'95 RECYCLING AND EDUCATION GRANT
FUND.
RESOLUTION NO.95-501
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO AN EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH PEER CONSULTANTS, P.C., FOR
THE VIRGINIA KEY YARDfTRASH MANAGEMENT FACILITY TO
ADD AN EDUCATIONAL COMPONENT TO THE SERVICES
PROVIDED THEREUNDER CONSISTING OF A BROCHURE,
EDUCATIONAL VIDEO, PROMOTIONAL VIDEO AND STUDENT
COLORING BOOK FOR SAID FACILITY, LOCATED AT 3851
RICKENBACKER CAUSEWAY; FURTHER INCREASING THE
COMPENSATION PAYABLE THEREUNDER FOR THE PROVISION
OF SAID EDUCATIONAL SERVICES BY $33,440.00; ALLOCATING
FUNDS THEREFOR FROM THE FISCAL YEAR '95 RECYCLING
AND EDUCATION GRANT FUND, PROJECT NO.197007, CODE NO.
421305-340.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
P
2.23. ALLOCATE $36,400 FROM CDBG FUNDS (PROJECT 799602) TOWARD
REHABILITATION OF 26 BUSINESSES IN ALLAPATTAH TARGET AREA
UNDER COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION
FACADE TREATMENT PROGRAM.
RESOLUTION NO.95-502
A. RESOLUTION AUTHORIZING THE ALLOCATION OF $36,400
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
PROJECT NO. 799602, TOWARD THE REHABILITATION OF 26
BUSINESSES LOCATED IN THE ALLAPATTAH TARGET AREA
UNDER THE COMPREHENSIVE CITYWIDE COMMERCIAL
REHABILITATION FACADE TREATMENT PROGRAM.
(Mere follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.24. CLAIM SETTLEMENT: JUAN SANTANA ($47,500).
RESOLUTION NO.95-503
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY JUAN SANTANA, PLAINTIFF, THE SUM OF $47,500.00,
WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO. 91-43971 CA
(09); ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.25. CLAIM SETTLEMENT: SHERMAN AND ROSLYN WINN ($33,000).
RESOLUTION NO.95-504
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY SHERMAN WINN AND ROSLYN WINN THE SUM OF
$33,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO. 93-15720 CA
(13); ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
F
17 July 13, 1995
r
2.26. ACCEPT PLAT: NEW ORANGE BOWL SUBDIVISION.
RESOLUTION NO.95-505
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED NEW ORANGE BOWL SUBDIVISION, 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.)
2.27. AUTHORIZE MANAGER TO TAKE NECESSARY STEPS TO REPAIR THE ROOF,
REPAIR / REPLACE THE DOWNSPOUT DRAINAGE SYSTEM, AND PAINT
MANUEL ARTIME COMMUNITY CENTER (900 & 970 S.W. 1 STREET) --
ALLOCATE $100,000 FROM CIP 322060 -- AUTHORIZE MANAGER TO ACCEPT
BIDS FROM MOST RESPONSIVE / RESPONSIBLE BIDDERS, FOLLOWING
RECEIPT OF FORMAL COMPETITIVE SEALED BIDS.
RESOLUTION NO, 95-506
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PROCURE THE NECESSARY SERVICE(S) TO REPAIR THE ROOF,
REPAIR/REPLACE THE DOWNSPOUT DRAINAGE SYSTEM AND
PAINT THE MANUEL ARTIME COMMUNITY THEATER AND
CENTER, LOCATED AT 900 AND 970 S.W. 1ST STREET, MIAMI,
FLORIDA, RESPECTIVELY, AT A TOTAL ESTIMATED COST OF
$100,000; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO.
11205, AS AMENDED, FROM PROJECT NO. 322060; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE BIDS)
FOR SAID REPAIRS FROM THE MOST RESPONSIVE AND
RESPONSIBLE BIDDERS) UPON RECEIPT OF FORMAL
COMPETITIVE SEALED BIDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Mayor Clark: Item 1-A.
Vice Mayor Plummer: We can't take it till nine o'clock.
NOTE FOR THE RECORD: At this point, agenda item 1-A was
tabled until 9:00 a.m.
18
July 13, 1995
------------------------------------------------------------------------------- -----
3. APPOINT / CONFIRM APPOINTMENT OF INDIVIDUALS TO SERVE ON
AFFIRMATIVE ACTION ADVISORY BOARD. (Appointed: Jackie Bell &
Nora Hernandez Hendrix. Confirmed as LIUNA representative: Mayshack Lane.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Where can we start, Mr. City Attorney?
Mr. Cesar Odio (City Manager): Number 2.
Vice Mayor Plummer: Huh?
Mr. Odio: Item 2.
Vice Mayor Plummer: Can we go on 2? I don't think you can.
Mr. Odio: What?
Vice Mayor Plummer: I don't think you can go on 2.
Mr. Odio: Yes, you can. The only item scheduled for nine is 1-A.
Vice Mayor Plummer: OK.
Mr. Odio: At the request of Commissioner De Yurre.
Mayor Clark: All right. Item 2. Mr. De Yurre, Mr. Gort...
Vice Mayor Plummer: I'll defer on mine, Mr. Mayor, till the next meeting.
Mayor Clark: Mr. De Yurre, Mr. Gort, Mr. Dawkins.
Commissioner Dawkins: Jackie Bell.
Mayor Clark: Jackie Bell. Any others? Hearing none, second. Cast a unanimous ballot.
Commissioner Gort: Excuse me. Mr. Mayor, I did send an appointment and you have it there,
right?
Mr. Walter Foeman (City Clerk): Yes, we do, Commissioner.
Commissioner. Gort: What's the name again?
Mr. Foeman: I believe it's Nora Hendrix.
Ms. Judy Carter: Yes, sir.
Mr. Foeman: That was your appointment.
Commissioner Gort: OK.
19 July 13, 1995
J
44
ine ronowmg resmution was introaucea ay 4ommissioner liawxms, wno moveu us auopuun:
RESOLUTION NO.95-507
A RESOLUTION APPOINTING THREE (3) INDIVIDUALS AND CONFIRMING
THE APPOINTMENT OF ONE (1) INDIVIDUAL TO SERVE AS MEMBER 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 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.
----------------------------------------------------------------------------------------------------------------
4. APPOINT ARTURO JORDAN TO SERVE ON AUDIT ADVISORY
COMMITTEE -- WAIVE RESIDENCY REQUIREMENT FOR MR. JORDAN.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We'll move to item 3.
Vice Mayor Plummer: That's Victor's.
Mayor Clark: Victor.
Commissioner De Yurre: Yes, Mr. Mayor. I appoint Arturo Jordan, and I need a waiver because
of his residency status.
Commissioner Dawkins: So move.
Mayor Clark: Seconded. Cast a unanimous ballot. And on the appointment, moved and
seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-505
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI AUDIT ADVISORY COMMITTEE 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 Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort j
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
5. APPOINT MARIA ALONSO MARTINEZ TO SERVE ON HEALTH
FACILITIES AUTHORITY BOARD -- WAIVE RESIDENCY REQUIREMENT
FOR MS. MARTINEZ.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On number 4.
Commissioner De Yurre: Maria Alonso Martinez. I also ask for a waiver because of residency.
Mayor Clark: Moved and seconded. Cast a unanimous ballot. And on the appointment, moved
and seconded. Cast a unanimous ballot.
21 July 13, 1995 s
THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM OF OVVIUt
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: On number 5.
Commissioner De Yurre: I'm going to pass on that one.
Mayor Clark: Sir?
Commissioner De Yurre: I'm passing on that one.
NOTE FOR THE RECORD: At this point, agenda item 5 was
deferred
Mayor Clark: Number S.
Commissioner Dawkins: That's yours, Mr. Mayor.
Mayor Clark: Who did I have on there the last time? Do they want to go back again?
Mr. Odio: Ignacio Bustillo.
Mayor dark: Sir?
Mr. Odio: You had Ignacio Bustillo.
i
Mayor Clark: All right. I'll hold up on that.
22 July 13, 1995
is -
NOTE FOR THE RECORD: At this point, agenda item 6 was
deferred.
---------------------------------
---------------------------------------------------
6. DISCUSS AND DEFER PROPOSED RESOLUTION TO APPOINT
INDIVIDUALS TO SERVE ON STREET CODESIGNATION REVIEW
COMMITTEE.
--------------
--------------------------------------------------------------------------------------------------
Mayor Clark: Number 7.
ViceMayor Plummer: That's Gort and De Yurre.
ti
Commissioner De Yurre: I'm passing on mine.
Mayor Clark: Mr. Gort.
Commissioner Dawkins: Eight belongs to all of us.
Mayor Clark: Yeah.
Commissioner Gort: I did send a memo to the Clerk of the appointment.
Mr. Odio: Humberto Pellon is the appointee.
Commissioner Gort: Humberto Pellon, yes.
Mayor Clark: Cast a unanimous ballot with a second on that.
Commissioner Dawkins: On 8?
Mayor Clark: On number 8, Mr. Dawkins.
Mr. Walter Foeman (City Clerk): Excuse me, Commissioner. Commissioner Gort, I think you
wanted Alejandro Diaz. You made a correction after the last Commission meeting.
Mr. Odio: Oh, he did?
Mr. Foeman: In writing. We have a memo to that effect.
s hold it until later.
Commissioner Gort: Let'
NOTE FOR THE RECORD: At this point, agenda item 7 was
deferred.
------------------------------------------------------------------------
7. APPOINT VICE MAYOR J.L. PLUMMER AND COMMISSIONER VICTOR
DE YURRE TO SERVE ON BOARD OF DIRECTORS OF PERFORMING
ARTS CENTER TRUST (PACT).
-----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 8, Mr. Dawkins.
Commissioner Dawkins: I don't have anything.
Vice Mayor Plummer: Well, that's a Commissioner.
Mr. Cesar Odio (City Manager): Whole Commission... It's... There are two slates.
Commissioner Gort: We're supposed to select from the three.
Mayor Clark: Must be the Commissioners?
- Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: If nobody wants it, Mr. Mayor, I'd like to serve.
Mayor Clark: All right.
Commissioner Dawkins: You can have both positions.
Commissioner De Yurre: Well, I think Willy and I wanted to have it. I don't know if Willy still
wants it. I want mine.
i
Vice Mayor Plummer: If nobody else wants... Willy, you want yours?
Commissioner Gort: If J.L. wants it, I'll waive it to the senior.
Mayor Clark: All right. It will be Mr. Plummer and Mr. De Yurre.
Mr. Foeman: Mr. Mayor, excuse me, Mr. Mayor...
Commissioner Dawkins: I nominate Commissioner Plummer and Commissioner De Yurre.
Mayor Clark: Second.
Mr. Cesar Odio (City Manager): Don't we have to send that to the board first?
Mr. Foeman: Yes. That has to be... The slate has to be proffered by the PACT (People Acting
for Community Together) and submitted to the Commission for their vote. They had submitted
previously two names, Commissioner Gort and Commissioner De Yurre.
24 July 13, 1995
Mayor Clark: Well, now it's going to be Commissioner Plummer and Commissioner De Yurre.
Right, Willy?
Vice Mayor Plummer: Whatever.
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Whatever.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-510
A RESOLUTION APPOINTING TWO INDIVIDUALS TO SERVE AS MEMBERS OF
THE BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER TRUST
(PACT) TO FILL UNEXPIRED VACANCIES EXPIRING DECEMBER 31, 1995.
(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: Number 9.
Vice Mayor Plummer: That's Willy's.
Commissioner Gort: I'll waive on that one.
NOTE FOR THE RECORD: At this point, agenda item 9 was
deferred.
25 July 13, 1995
------------- ----------.---------------
8. APPOINT INDIVIDUALS TO SERVE AS MEMBERS / ALTERNATE
MEMBER OF URBAN DEVELOPMENT REVIEW BOARD - WAIVE
RESIDENCY REQUIREMENT FOR ALBERT PEREZ. (Appointed: Clyde
Justin, John Sacco & Albert Perez [alternate].)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 10.
Vice Mayor Plummer: In mine, Mr. Mayor, I'm appointing Mr. John Sacco, replacing Mr.
Wayne Williams.
Commissioner Dawkins: I'm putting Mr. Clyde Justin in one, and I'll submit the other one in
writing with the Commission's approval.
Mayor Clark: Hold up on mine.
Commissioner De Yurre: I'll appoint Albert Perez, and I need a waiver on his residency.
Mayor Clark: Motion and second on the waiver, and motion and second on the appointments.
Cast a unanimous ballot on those. Just hold mine up for this time, Mr. Clerk. Alternate
appointments?
Vice Mayor Plummer: That's Victor.
Mayor Clark: Victor, is that who you have?
Commissioner De Yurre: Yes, sir, Albert Perez.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-511
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR THE REMAINDER OF UNEXPIRED
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
26 July 13, 1995
ON
S
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following voter
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: Number 11.
Commissioner Gort: I'll pass on that one.
Vice Mayor Plummer: I'll pass.
NOTE FOR THE RECORD: At this point, agenda item 11 was
deferred.
THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF
SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER
163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO
DEAL WITH THE FOLLOWING ISSUE:
_ _ -- ----- --- --- ----- - -
9. (A) ALLOW CRUZ DEVELOPMENT COMPANY 90 DAYS TO COME
BACK TO SEOPWA/CRA WITH A DEVELOPMENT PLAN AND
TIMETABLE TO COMMENCE DEVELOPMENT IN AT LEAST ONE
BLOCK IN OVERTOWN.
(B) ACCEPT RECOMMENDATION BY SOUTHEAST OVERTOWN /
PARK WEST COMMUNITY REDEVELOPMENT AGENCY
(SEOPW/CRA) CONCERNING CRUZ DEVELOPMENT COMPANY'S
PLAN TO START DEVELOPMENT IN AT LEAST ONE BLOCK IN
OVERTOWN.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: OK. Number 12.
Mr. Cesar Odio (City Manager): It's a CRA (Community Redevelopment Agency) item.
Mayor Clark: CRA?
27 July 13, 1995 ;
Commissioner Dawkins: Yes, sir. It's in the Overtown area.
Mr. Herb Bailey (Assistant City Manager): Yes, Mr. Mayor. We didn't know whether or not it
should be... you should convent a meeting of the CRA because this item was passed by the City
Commission at the time that it was granted. It's the development order granting Cruz
Development the right to develop three parcels in Overtown, one of which has been developed,
and there are two more for which we have informed Mr. Cruz that he should come before this
body to show the good reason as to the delay in the development and to give us some
indication...
Mayor Clark: Wait a minute, Herb. Wait a minute, Herb. What we'll do is this. Show us in
recess for five minutes and then we'll go to the CRA.
Vice Chairman Clark: Mr. Chairman, do you move it?
Chairman Dawkins: Well, let's hear from... What's the recommendation? We have a long day,
Mr. Bailey. Just give us the recommendation:
Mr. Herb Bailey (Executive Director): Well, we'll cut it short, Mr. Chairman. We met with Mr.
Cruz yesterday and suggested that he be given 90 days to come back to this body to give us...
Chairman Dawkins: To come back to the CRA?
Mr. Bailey: The CRA Board with a development plan and a timetable as to when we will start
developing at least one of the blocks in Overtown.
Chairman Dawkins: I so move.
Mr. Gort: OK, second.
Vice Chairman Clark: No objection. Cast a unanimous ballot of the CRA.
The following motion was introduced by Chairman Dawkins, who moved its adoption:
SEOPW/CRA R 95-1
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW")
COMMUNITY REDEVELOPMENT AGENCY ("CRA") DIRECTING CRUZ
DEVELOPMENT COMPANY TO SUBMIT A DEVELOPMENT PLAN AND
TIMETABLE TO THE BOARD OF DIRECTORS OF SEOPW CRA WITHIN
NINETY (90) DAYS FOR THE DEVELOPMENT OF AT LEAST ONE OF THE TWO
REMAINING PARCELS OF LAND LOCATED IN SEOPW IN ACCORDANCE
WITH RESOLUTION NO. 85-393, ADOPTED APRIL 11, 1985.
28 July 13, 1995
AV
Upon being seconded by Mr. Gort, the motion was passed and adopted by the following
vote:
AYES: Mr. Wifredo Gort
Mr. Victor De Yurre
Mr. J.L. Plummer, Jr.
Vice Chairman Stephen P. Clark
Chairman Miller J. Dawkins
None.
None.
THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED
CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO
RESUME CONSIDERATION OF REG1JLAR AGENDA ITEMS.
Mayor Clark: Now, you want to handle this before the Commission?
Commissioner Gort: Now we go back into the Commission.
Mayor Clark: You want to move it on the Commission, the recommendation of the CRA?
Commissioner Dawkins: Accept recommendation of the CRA.
Commissioner Gort: Second.
Mayor Clark: If there's no exception, Mr. Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-512
A RESOLUTIONACCEPTING RECOMMENDATION MADE BY THE
SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT
AGENCY (SEOPW/CRA) TO GIVE CRUZ DEVELOPMENT COMPANY 90 DAYS
IN ORDER TO PRESENT TO THE SEOPW/CRA A DEVELOPMENT PLAN AND
TIMETABLE TO START DEVELOPMENT OF AT LEAST ONE BLOCK IN THE
OVERTOWN AREA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
29
July 13, 1995
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.
----------------------------------------------------------------------------------------------------------------
10. DISCUSSION CONCERNING PARKING PROBLEMS AT KENNEDY PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 13.
Vice Mayor Plummer: Mr. Mayor, my office and probably the rest of us received a lot of
complaints in reference to holes being put in Kennedy Park. The complaints were from the
neighbors who were across the street who were concerned that suddenly, no parking being
provided, or not as mug h parking or known parking, that their yards were totally flooded with
automobiles. I think that we need to go back down, we need to reconfigure, we need to consult
with the people who are directly affected. The people who made recommendations, from what I
was told, actually do not live in that area. Matter of fact, some of the people have been taking it
upon themselves to go forward and take some of the poles out of the ground. So what I'm
saying is that we need to reconfigure, go back, meet with those people who are directly affected,
the residents there who are having Saturday and Sunday used car lots in their front yard.
Mayor Clark: Mr. Ruder, you understand now what we have to do.
30
M
DISTRICT.
---------------------------------------------------------------------------
Mayor Clark: On item 14, Mr. Gort.
Vice Mayor Plummer: Flagler Core area.
Commissioner Gort: This is a resolution awarding the... As you recall, we passed this about
three months ago, and this is the final resolution giving the Downtown Miami Partnership for the
provision of promotion and marketing related services for the Flagler Core Services.
Mayor Clark: Would you read that into the record. Do you have a copy of it, Mr. Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Yes. I'll read it.
AT THIS POINT, THE CITY ATTORNEY READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Moved by Mr. Gort.
Vice Mayor Plummer: Second.
Mayor Clark: Call the roll, Mr. Clerk.
RESOLUTION NO.95-513
A► RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S
RECOMMENDATION THAT THE MARKETING PLAN AND PROPOSED BUDGET
SUBMITTED BY DOWNTOWN MIAMI PARTNERSHIP FOR THE PROVISION OF
PROMOTION, MARKETING AND RELATED SERVICES TO THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT BE APPROVED; FURTHER AUTHORIZING THE EXPENDITURE OF
THE FUNDS COLLECTED FROM THE SPECIAL ASSESSMENTS LEVIED FOR
THIS PURPOSE IN SUBSTANTIAL CONFORMITY WITH THE PROPOSED
BUDGET.
(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.
Mayor Clark: Mayor Clark: Item 15.
Commissioner Dawkins: Can't hear it till ten o'clock.
Vice Mayor Plummer: Ten o'clock. Now where do we go?
Mayor Clark: Sixteen.
Mr. Cesar Odio (City Manager): Well, can we do 16?
Vice Mayor Plummer: I don't know. Can we... No, they're all hearings.
Mr. Odio: No, the public hearing... Public hearings are for ten a.m.
Commissioner Dawkins: We have to go from... All is public hearings...
Mr. Jones: Go to... Let me see where the ordinances start.
Well...
Mr. Odio: Thirty-seven is the first personal appearance, 37. Thirty-seven is the first personal
Vim
NOTE FOR THE RECORD: At this point, agenda items 15
through were tabieU unt 0:00 a.m.
f
------------------------------------------------------------------
12. PERSONAL APPEARANCE: COMMISSIONER NANCY LIEBMAN AND
ASSISTANT CITY MANAGER JOE PINON (MIAMI BEACH) -- TO
REQUEST SUPPORT IN SEEKING TO ENSURE MUTUAL COOPERATION
DURING RECONSTRUCTION OF THE VENETIAN CAUSEWAY TO
MINIMIZE INCONVENIENCE. (See label 13)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Is Nancy Liebman present?
Vice Mayor Plummer: Mr. Mayor, if you want to, I can tell you the problem, and I think the
Manager has already addressed the issue. The Venetian Causeway, each bridge is going to be
done individually. The first one will be the one on the west side of the Venetian Causeway, and
their concern was, is when that is completely out and inaccessible, the availability of emergency
equipment such as Rescue and Police, if the City of Miami had to respond, would have to go all
the way to the Beach to come back. I explained to those who called my office that under mutual
aid - and the Manager, I think, has already talked to Miami Beach...
Mr. Cesar Odio (City Manager): We have mutual aid. We have had meetings with Miami
Beach. When their side is covered, we will make all the police and fire calls, and when it's the
other way around, they will do the same.
Vice Mayor Plummer: So it has been covered.
Mayor Clark: All right.
Mr. Odio: Yes, it has.
Vice Mayor Plummer: As far as I know, there was no existing scenario left out.
Mr. Odio: No, sir. We're covered.
Mayor Clark: All right. Thank you.
Commissioner Gort: Mr. Mayor.
Vice Mayor Plummer: Wait a minute. He has something he might want to... Joe, you want to
put something on the record?
Mr. Jim Kay; The only thing is that when the bridge on the Beach side is the only bridge that's
available, the question came as to when that bridge is up, in the up position, then there is no way
I to get emergency vehicles over. And sometimes, it can go up and get stuck up there for several
hours before it's repaired.
33 July 13, 1995
as
Vice Mayor Plummer: Well, we can't do anything about that.
Mr. Kay: No.
Mayor Clark: It's use...
Commissioner Dawkins: And we just said that you were going to... Anything east of the bridge
would be handled by Miami Beach. Anything west of the bridge would be handled by the City
of Miami. What difference does it make if it gets stuck up there or not?
Mayor Clark: That's right. Next case.
-- - ----------------------------------------------------------
13 AUTHORIZE PAYMENT OF ATTORNEY'S FEES ($96,675) TO GREGORY
DENARO, ESQUIRE, FOR HIS SUCCESSFUL REPRESENTATION OF
OFFICER JORGE LEON.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 38. Is Ms. Dougherty here?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, maybe I can...
Mayor Clark: All right.
Mr. Jones: This Commission directed me at the last meeting to meet with Mr. Denaro to
negotiate a reasonable fee. I was able to negotiate from ninety-six six seventy-five ($96,675)
down to seventy-five thousand ($75,000).
Vice Mayor Plummer: Move it.
Mayor Clark: Seconded. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-514
A RESOLUTION AUTHORIZING THE PAYMENT OF $75,000 TO THE LAW FIRM
OF GREGORY C. DENARO, P.A., IN FULL SETTLEMENT OF ANY AND ALL
CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED BY MIAMI POLICE
OFFICER JORGE LEON, IN THE CASE OF STATE OF FLORIDA V. JORGE LEON,
ET AL., CIRCUIT COURT CASE NO. 91-1203; 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.)
34 July 13, 1995
%_0MMjsbluucl V 1GWl WF; 1 WiVo
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------- -------------------------- --
14. _ CONFIRM ABOLITION OF THE BAYSIDE MINORITY FOUNDATION,
PURSUANT TO ORDINANCE 11130. (Reconsidered later -- see labels 33 &
35.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-nine, Mr. Gary.
Vice Mayor Plummer: I don't... I haven't seen him around.
Commissioner Dawkins: Well, everybody else is handling their... I'll handle this.
Mayor Clark: All right.
Commissioner Dawkins: The Bayside Foundation hasn't done anything to help the minority
vendors over there noway, so I would vote that it stay abolished.
Vice Mayor Plummer: What are you...
Commissioner. Gort: What item?
Commissioner Dawkins: Thirty-nine. The Commission...
Vice Mayor Plummer: What was your...
Commissioner Dawkins: The Commission passed an ordinance to abolish the Bayside
Foundation.
Vice Mayor Plummer And what is your recommendation?
Commissioner Dawkins: My recommendation is the Bayside Foundation has not solved one
minority problem at all, in my estimation, and I would vote that it remains abolished.
Mayor Clark: All right.
Commissioner Dawkins: That's my motion, make my motion.
Vice, Mayor Plummer: Second.
35 July 13, 1995
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-515
A MOTION REAFFIRMING THE ACTION OF ORDINANCE 11130, PASSED AND
ADOPTED ON MARCH 24, 1994, WHICH ABOLISHED THE BAYSIDE
MINORITY FOUNDATION.
(Note: This motion was later reconsidered by M-95-520. The Bayside Minority
Foundation was ultimately reinstated by R-95-521.)
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the fallowing vote:
41
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 40, is Mr. Fine present? Is Mr. Fine Present?
Mr. Cesar Odio (City Manager): He's not here, sir.
NOTE FOR THE RECORD: At this point, agenda item 40 was
called or discussion. 7Fe record was marked to reflect no
appearance by interested parties at this time.
----------------------------------------------------------------------------------------------------------------
15. DISCUSSION CONCERNING REYES V. CITY OF MIAMI (CASE NO.93-008
AP) - DIRECT ADMINISTRATION TO BRING BACK FOR A HEARING.
(See label 64)
----- ------ _------------------------------------------------------------------------------- ----- -
Mayor Clark: Forty-one? Mr. Leonard Rubin.
Vice Mayor Plummer: Goldstein is here, isn't he? Is he here?
Commissioner Dawkins: But he can't get heard till nine o'clock.
Vice Mayor Plummer: No. Goldstein is on this elections of the Coconut Grove Village.
Mr. Cesar Odio (City Manager): Yes.
36 July 13, 1995
A. Quinn Jones, III, Esq. (City Attorney): Oh, let me... I'm sorry, Mr. Mayor. Leonard - Mr.
Rubin wanted to appear to you, appear before you because apparently, as a result of the
Appellate Court overturning your decision, which upheld the Zoning Board, he was entitled to a
permit. You may recall this was the property with the pool hall, and you attached certain
conditions relative to an armed security guard, and I think there was another condition, that they
could only operate during the week for up to a certain time, and they couldn't operate on the
weekends. Mr. Maxwell of my office spoke with Mr. Rubin yesterday, and we assured him that
we would direct the Administration to enter, which the class one permit - I think that's what it
was, a class one permit which we asked them to do in December. And what we will do in
September is bring a formal resolution to you ratifying the granting of that permit.
Mayor Clark: Yes, sir, your name for the record.
Mr. Howard Weisberg: I'm sorry.
Commissioner Dawkins: Pull the mike up, sir.
Mr. Weisberg: Howard Weisberg, chairman of the Coconut Grove Village Council. You have
before you an endorsement letter from David Leahy, Supervisor of Elections...
Vice Mayor Plummer: That's not the issue, sir.
Mr. Jones: That has nothing to do with number 41.
Mr. Weisberg: Oh, I'm sorry.
Mayor Clark: Hold it, just a minute.
Mr. Jones: So if this is acceptable to the Commission, I would ask that the Commission - I mean
that the Administration grant the permit as directed by the Court, minus the two conditions, and
in September, I'll bring a formal resolution for your ratification of that action.
Vice Mayor Plummer: Well, I don't know that we want... Excuse me. Just for the record, Mr.
Mayor, I don't... This is the place here on MacFarlane, right?
Mr. Jones: Is that the pool - I mean...
Vice Mayor Plummer: It's the pool hall.
Mr. Jones: Yeah, I assume that's the pool hall.
Vice Mayor Plummer: And I don't know that I want to remove those restrictions.
Mr. Jones: Well, I don't think you have any choice, because it was appealed, and the Appellate
Court overturned your decision saying that the conditions were arbitrary and capricious.
Vice Mayor Plummer: OK. Then let's bring it back before the City Commission, and let's
rehear the item, and we might deny.
Mr. Jones: Commissioner, the Court directed that you enter a class one permit minus those two
conditions. That was the mandate of the Court.
Vice Mayor Plummer: Well, we can do that, but we can also bring it back here - OK? - and hear
the issue again.
37
July 13, 1995
Mr. Jones: Commissioner, it doesn't have to go back for hearing. That's what I'm telling you.
The Court mandated that you enter the class one permit because during... the hearing was not
supported by competent and substantial evidence when you granted those - attached those two
conditions.
Vice Mayor Plummer: That, to me, is breaking faith with the people who, when we granted,
were here in total mass to be in opposition. And we said that the only way that we would allow
it was if those conditions prevailed. Now, the Court is saying that those conditions were
unreasonable. I'm saying, let's go back and hear the issue again, which I think we have the right
to do, and as such, we may approve ,it, and if so, those stipulations would not apply, or we'll
rehear it, and we'll deny the issue.
Mr.. Jones: Commissioner, you're begging a question. All you're doing is setting the
Commission up for another court hearing, where the Court is going to tell you that there was no
competent, substantial evidence in the record for you to attach those two conditions.
Vice Mayor Plummer: I'm saying that. You're not listening to me.
Mr. Jones: No, I'm hearing exactly what you're saying, but you've got an outstanding court
order that's directing you what... If you don't, if you don't enter it, what he's going to do is go
and get a writ of mandamus that will force you to do that.
Vice Mayor Plummer: Well...
Mayor Clark: Just a moment. J.L., J.L., just a moment. Here's the way you settle the thing.
Call a new hearing, and then notify the people of what the court ruling is so at least we're like
Pontius Pilate, we didn't do this, the Court ordered this. You understand?
Vice Mayor Plummer: That's fine with me, because I'll tell you something, I'm going to vote
against it. I'm not going to break faith with the people who came here in opposition, and only
said, if you'll do this, we'll say yes, and that would be breaking faith with them.
Mr. Jones: I'll follow your instructions. I'm just telling you that there is no necessity for a
hearing, and we're going to be in court. That's all I'm saying.
Vice Mayor Plummer: OK.
Mayor Clark: Well, the necessity is the people will say they weren't notified.
Mr. Jones: I understand, Mr. Mayor.
Mayor Clark: OK. All right.
Commissioner Dawkins: But, Mr. City Attorney.
Mr. Jones: Yes, sir.
Commissioner Dawkins: I'm following your advice, because that's what we pay you for. But
by the same...
Mayor Clark: I'm not saying we'll change their minds.
38 July 13, 1995
�s�
.ar -
r ,a
III r
Commissioner Dawkins: No, Mr. Mayor, I'm with you. Is there any way that we, the City
Commission, can petition the Court to hear us and see if we can't get the Judge to change his
ruling with these people with us?
Mr. Jones: Commissioner, when this case came before you, we advised you that you had to have
some basis for attaching those conditions. The standard of review on appeal is competent and
substantial evidence. The Court found that this Commission did not have any findings of
competent and substantial evidence to attach those conditions, that it was arbitrary and
capricious. Therefore, it directed you, as Commission, to enter the class one permit minus those
two conditions. That's the court ruling. That's the Appellate Court ruling.
Commissioner Dawkins: And we cannot go back and appeal to them.
Mr. Jones: You cannot go back and appeal That was it.
Vice Mayor Plummer: Well, my point, simply, is this. Had those conditions not been applied,
that permit would have been denied. Now, you're telling me... You're telling me now, or the
Court is trying to tell me now that if, in fact, what... We made an agreement with the people that
no longer is worth a damn.
Commissioner Gort: No, no, wait a minute.
Commissioner Dawkins: No. I think what we're saying, J.L., is - pardon me, Commissioner
Gort - is that we said the only way this permit will be granted is with these provisions.
Vice Mayor Plummer: That's right.
Commissioner Dawkins: So therefore, when these provisions are not in there, it's going out.
Commissioner Gort: We can move to deny.
Vice Mayor Plummer: And that's why I'm saying bring it back for a hearing. He's saying we
can't do it.
Mayor Clark: Bring it back for a hearing. That's the law.
Commissioner De Yurre: Mr. Mayor, all we need to do is to bring it back to explain to the
people why...
Mayor Clark: That's what I said earlier.
Commissioner De Yurre: 'Then that's it.
Vice Mayor Plummer: That's not what we want to do, Victor.
Commissioner Gort: Excuse me, Mr. Mayor.
Mayor Clark: All right, Willy.
7
Commissioner Gort: My understanding is the reason we voted to approve is because we
attached those two conditions.
Vice Mayor Plummer: That's right.
39 July 13, 1995
t'
Commissioner Gort: And the Court says those conditions cannot be put in there. Now, what
we're saying is bring it back, and we'll deny it.
Vice Mayor Plummer: Exactly.
Commissioner Gort: We'll deny the whole thing.
Vice Mayor Plummer: We said that at the time.
Mayor Clark: With no conditions, that's right.
Commissioner Gort: With no conditions. We'll just deny the whole application.
Mayor Clark: Bring it back, anyway. That's what we'll do. All right.
Mayor Clark: Where are we at now, 42?
Commissioner Dawkins: No, Ms. Dougherty's here. Ms. Dougherty is here, Mr. Mayor, on 38.
Mayor Clark: I think that's passed already.
Mr. Cesar Odio (City Manager): We did hers already.
----------------------------------------------------------------------------------------------------------------
16. DISCUSSION CONCERNING SOUTH FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996.
Commissioner De Yurre: Mr. Mayor, if I may have a point of special privilege. We have a
foreign dignitary that is among us today. He has come early this morning. It is the Olympic
mascot.
(APPLAUSE)
Vice Mayor Plummer: Victor.
Mayor Clark: Who's in there? Who's in there? Mark Coates?
Commissioner De Yurre: Izzy has been working for the last four years at the FPL (Florida
Power and Light) Building. He looked more like J.L. before.
Mayor Clark: All right, Bill.
Mr. Bill -Perry: Mr. Mayor and members of the Commission, as you know, we are
approximately a year out from the Olympic Games coming to the Orange Bowl Stadium. We'll
have... Eleven soccer games will be played here next year in the Orange Bowl from July 20th
through July 28th.- I have Mr. Clark Cook here, who's also the incoming chairperson of the
Orange Bowl Committee, and a member of the Olympic Soccer Board who is here, and also
Izzy, the mascot for the Olympic Games. What we would like to do is present the City with a
(; banner to be hung outside of City Hall on one of the flag poles commemorating the Olympic
year for 1996.
40 July 13, 1995
Mayor Clark:. Very good. All right. Clark, do you want to say anything?
'it interest you to know, Mr. Perry, that in our meeting yesterday of
Vice Mayor Plummer: It mig
the Centennial Committee, that in fact, we are going to be involving you with the Centennial
Committee for the purposes of publicity and the celebration of the birthday of the City of Miami.
Mr. Perry: Thank you. Thank you.
Vice Mayor Plummer: Also, Mr. Mayor, it might interest you to know that through the efforts of
Mr. Clark Cook..,
Commissioner Dawkins: Give it to the Mayor.
Vice Mayor Plummer:... that the Orange Bowl Committee...
Commissioner Gort: Open it up.
Vice Mayor Plummer: ... has agreed... The Orange Bowl Committee has agreed this year that
the 19 - what is it? - '96 Orange Bowl Parade, that the theme of that parade will be the Miami
Centennial.
Mayor Clark: There you go.
Vice Mayor Plummer: So that is a part and parcel of. Thank you, ma'am.
Commissioner Dawkins: Bring the mascot.
Vice Mayor Plummer: We got Victor. We don't need a mascot.
Commissioner De Yurre: You're going to need me, that's for sure.
Mayor Clark: A representative from the Miami Roads Section. Is anyone here?
Vice Mayor Plummer: I haven't seen any of them.
Mayor Clark: I'll put an "SOS" on that. Protection for Simpson Park.
--------
---------------------------------------------------------------------
17. PERSONAL APPEARANCE: MR. COLUMBUS KENNEY REGARDING HIS
PROPERTY AT 799 N.W. 44 STREET -- REFER TO MANAGER.
Mayor Clark: Forty-three, Columbus Kenney. Is Columbus Kenney present? All right, sir.
Vice Mayor Plummer: Are you Mr. Kenney?
Mr. Columbus Kenney: Yes, I am.
Vice Mayor Plummer: You asked to be heard on your address, the property at 799 Northwest
44th Street.
Mr. Kenney: That's correct. Yes.
41 July 13, 1995
Vice Mayor Plummer: Would you pull the microphone down, sir.
Mr. Kenney: Yes.
Vice Mayor Plummer: What's your problem, sir?
Mr. Kenney: My problem is I started working for the City of Miami in 1953. I can't understand
why my property was destroyed. I never broke any laws. I had somebody to torch my house.
The day after the fire, I immediately went in there and cleaned all the debris out. It didn't
damage the structure at all. I put twenty-seven thousand dollars ($27,000) back in the house. I
went and pulled permits. I ran out of money. I came to the Unsafe Board Structure, which they
never examined the house. They never went and examined the house for damages inside. And I
explained to them what I was doing. They told me if I go and work with the Miami Housing
Authority Agency, that they would work with me. I did everything in my effort...
Vice Mayor Plummer: Does anybody in the Administration know about this issue so we can
address it? Because I don't know a thing about it.
Mr. Kenney: Now, what happened is we went - I went and filed it in court. And the Judge
suggested that we go to mediation. So we went to mediation. And I had a hundred and fifty
thousand dollars ($150,000) worth of stuff in my garage. I own six pieces of property in the City
of Miami: A piece at 16th Avenue and 46th Street; a piece at 41st Street and 11th Court... I paid
that on the shares at Standard Oil Station now on 45th Street and 7th Avenue. I had a barbecue
place I was running on 77th Street and 17th Avenue. So I've never broke any laws. The only
thing I ever did, I worked with the City from...
Mayor Clark: Mr. Kenney, Mr. Kenney, wait just a moment. Mr. Carlos Smith is standing right
here beside you. He's our new Building and Zoning Director. If you will get with him and
explain this to him, he will bring the matter back before us and see if we can come to some
decision. All right?
Mr. Kenney: All right.
Mayor Clark: Thank you, Mr. Kenney.
Mr. Cesar Odio (City Manager);If we need the board, we'll bring it back.
Mayor Clark: Yes. Michael Goldstein...
Commissioner Dawkins: At the next meeting. OK now.
Mayor Clark Yes, at the next meeting in September.
END OF DISCUSSION -- NO ACTION TAKEN
July 13, 1995
18. GRANT REQUEST FROM COCOANUT GROVE VILLAGE COUNCIL TO
BE PLACED ON NOVEMBER 7, 1995 BALLOT (PROVIDED ELECTION
COSTS ARE PAID PRIOR TO ELECTION).
Mayor Clark: Is Mr. Goldstein present? Yes, sir.
Mr. Howard Weisberg: Howard Weisberg, 2975 Washington Street. Before, you is a letter from
David Leahy, Director of the Elections Department of Dade County, endorsing the Village
Council election to be on the City of Miami - same ballot with the City of Miami. The Village
Council was formed as a result of an overwhelming response from the voters of Coconut Grove.
It has been a successful forum for Coconut Grove issues, and the residents of Coconut Grove
have endorsed this project.
Vice Mayor Plummer: Howard, that's not the problem. The problem is...
Mayor Clark: What's the problem?
Vice Mayor Plummer: The problem is they didn't pay their bill from before. That's the
problem.
Mr. Weisberg: No, no, that is... As David Leahy states in the letter, all bills are settled.
Vice Mayor Plummer: Yeah, as of two weeks ago, from two years ago. Have you paid up front
this time? That's what my understanding is.
Mr. Weisberg: We have agreed to...
Vice Mayor Plummer: He wants his money.
Mr. Weisberg: We have agreed to what is outlined in David Leahy's letter.
Vice Mayor Plummer: That you will, in fact, pay it prior to the election.
Mr. Weisberg: Absolutely. On submission...
Vice Mayor Plummer: OIL. That's the only question. I move, Mr. Mayor, that it be allowed to
be on the same ballot on November the 7th.
Mayor Clark: Second the motion. Cast a unanimous ballot. Thank you, sir.
Vice Mayor Plummer: Pay your bills.
43 July 13,1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-516
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
COCOANUT GROVE VILLAGE COUNCIL'S ("COUNCIL") REQUEST THAT THE
SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY PLACE ON
THE NOVEMBER 7, 1995 CITY OF MIAMI ELECTION BALLOT, AT THE
APPROPRIATE PRECINCT, A SLATE OF CANDIDATES FOR ELECTION TO. THE
COCOANUT GROVE VILLAGE COUNCIL; FURTHER CONDITIONING SAID
APPROVAL UPON THE COUNCIL 1) PAYING ALL APPLICABLE ELECTION
COSTS PRIOR TO SAID ELECTION AND 2) MEETING ALL CRITERIA SET
FORTH BY THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE
COUNTY.
(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.
----------------------------------------------------------------------------------------------------------------
19. SET MONTHLY REPAYMENTS AT $2,000 (IN ADDITION TO RENT) FOR
MARTIN TRITT IN ORDER TO REPAY $56,000 OWING TO THE CITY IN
CONNECTION WITH BETTE AND BERT BAYFRONT MARINA --
STIPULATE THAT EVICTION PROCEEDINGS WILL BE INSTITUTED IF
ONE SINGLE PAYMENT IS MISSED.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Martin Tritt, is he present? Mr. Tritt?
Vice Mayor Plummer: I don't see him, Mr. Mayor.
Mr. Cesar Odio (City Manager): I saw him here. He was here this...
Mayor Clark: I think he know... Everybody knows the situation. He has...
Mr. Odio: He's standing outside, if somebody would... Charlie, get Mr. Tritt. He's right there.
Vice Mayor Plummer: He's the gentleman that's pleasingly plump with suspenders. Mr. Mayor,
I spoke with him yesterday, and I assume he spoke with others.
44 July 13, 1995
Mayor Claris: He did. He spoke to me.
Vice Mayor Plummer: I said to him yesterday that as far - he has an outstanding balance with
the City of fifty-six thousand ($56,000) - that the only way that I could even consider having any
discussion in relation to this matter is if he had collateral that he could put up that was at least
worth that amount of money, so that the City is assured and guaranteed that it would be paid if
anything happened with him or with the business further. So he can take it from there, but that
was my posture yesterday.
Mayor Clark: For the record... For the record, put your name and address.
Mr. Martin Tritt: Yes, sir. My name is Martin Tritt. I live at 5261 LaGorce Drive, Miami
Beach. I'm a native-born Miamian. I worked in downtown Miami as a dental technician for the
better part...
Mayor Clark: Did you hear the question? Did you hear the question by Mr. Plummer?
Mr..Tritt: Yes, sir, I did. But I just... With all the things that are going on on the island where
there are illegal fuel deliveries to boats, and I haven't been able to do anything about the vendors
that come over there all the time. It's very, very difficult for me to do what I'm doing now,
which is paying two thousand dollars ($2,000) a month.
Mr. Odio: We asked him to... I would recommend, if he can pay thirty-seven hundred and nine
dollars ($3,709) a month for the next 18 months, to do that, but nothing less than that.
Mayor Clark: Can you do that?
Mr. Tritt: No, sir, I can't. I'm keeping current with the City now. I've gotten current for 1994,
and up to now in 1995, and I just don't have any more that I can put up for collateral. I've had to
take a loan to get to the point where I am now.
Mr. Odio: Yeah, but that means he... He would be paying until the year '97, and we cannot
allow that, because we don't know what's going to happen on the island after July of '96. So.
Vice Mayor Plummer: So then he forces eviction.
Mr. Odio: Yes.
Vice Mayor Plummer: The question then is, then, how do you go about trying to collect this
fifty-six thousand ($56,000) he still owes? He claims the only thing he's got is his house.
Mr. Tritt: Sir, on the contract that they offered me...
Vice Mayor Plummer: Excuse me. I asked a question of the Manager.
Mr. Odio: We'll have to find out when we get a judgment what he's got. But he's been there for
years, and he knows he's got to pay rent like anybody else.
Vice Mayor Plummer: Mr. Manager and Mr. Mayor, again, here - and I'm not picking on this
gentleman - but, Mr. Manager, don't ever bring me another contract for lease or other in which
there is not at least three months payments in advance.
Mr. Odio,: (Inaudible.)
45 July 13,1995
• r v r •
Mr. Odio: It goes back to what you...
Vice Mayor Plummer: In the private business, this would never...
Mr. Odio: This goes back to 1969.
Vice Mayor Plummer: OK. This would never happen. This would never happen, because they
would evict you. They would take the first three months and they would take it from there. I'm
just saying that's for me in the future.
Mr. Odio: I recommend that he pays thirty-seven hundred and nine dollars and fifty cents
($3,709.50) a month, or we start eviction processes.
Vice Mayor Plummer: I take the Manager's recommendation and move it.
Mr. Tritt: May I say something?
Vice Mayor Plummer: Sure.
Mayor Clark: One thing... Go ahead.
Mr. Tritt: We don't have a traffic light at this location. They force my customers to go four
miles out of the way to get to Miami. My business is much less than it used to be. I have been
keeping current now and hope to never get into that position again. I don't really believe that
you're going to lay the first brick on this new project before two years, and most of this stuff
would be paid off. And I don't really... I'd like to know if Mr. Turcos (phonetic) at the
helicopters is forced to put up some kind of collateral for what he owes.
Mayor Clark: Has he?
Commissioner De Yurre: That's a good question.
Mr. Odio: That's a good... No, no, we have not.
Mayor Clark: Well, let's... We can't have chicken on Friday and feathers on Monday. You got
to have some kind of system.
Mr. Odio: Yes, sir. I would suggest...
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: I would suggest that...
Vice Mayor Plummer: Well, let's backtrack.
Mayor Clark: Backtrack, I'm trying to.
Vice Mayor Plummer: The helicopter agreed to the price set by the Administration; is that
correct? The Administration has recommended in this case thirty-seven-o-nine fifty-six. If he
makes... Has the helicopter made every payment since?
i
46 July 13, 1995
it
Mr. Eduardo Rodriguez: Yes,
Vice Mayor Plummer: OK. 'We'll do the same...
Mayor Clark: How much are those payments? How much are those..,
Vice Mayor Plummer: We'll make chicken for chicken on Monday and Friday.
Mayor Clark: How many... Just a moment. How much are those payments?
Ms. Lori Lutes: Dade Helicopter, we have a judgment in hand for thirty-three thousand dollars
($33,000) and...
Mayor Clark: How much are the payments?
Ms. Lutes: They are paying two thousand a month ($2,000) for the current rent, plus ten hours
of flight time a month, which is deducted from the judgment.
Mayor Clark: OK. Ten hours of flight time.
Vice Mayor Plummer: So that's half the price. Yeah.
Mayor Clark: I'm going to move and see if it gets a second. I think we ought to treat them both
the same, because we're doing a lot of things over there. Let's let him pay the two thousand
dollars ($2,000) a month and do the best he can to pull this thing out.
Commissioner Dawkins: Second.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, would that be with the proviso if he misses one payment,
he's out.
Mayor Clark: Absolutely, understand that.
Vice Mayor Plummer: Then I'll vote for it. Other than that...
Mayor Clark: Two thousand ($2,000) a month, but if you miss a payment, you're out.
Mr. Tritt: Thank you very much.
Mr. Odio: Mr. Mayor, can I clarify that, please? It's two thousand ($2,000) extra a month, plus
his regular rent.
Mr. Tritt: Right, in addition to what I... In addition to keeping current. I realize that.
Mayor Clark: That's right.
Mr. Tritt: Thank you very much.
Mayor Clark: Call the roll.
47 July 13, 1995
RESOLUTION NO.95-517
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
BETTE AND BERT BAYFRONT 66 MARINA, INC., SETTING FORTH THE TERMS
AND CONDITIONS FOR PAYMENT OF MONIES OWED TO THE CITY FOR USE
OF CERTAIN REAL PROPERTY LOCATED AT WATSON ISLAND, MIAMI,
FLORIDA, PURSUANT TO FINDINGS SET FORTH IN AUDIT NOS. 94-515, 94-516,
94-517 AND 94-523.
(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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I vote with the provision that if he misses, he's gone. Yes.
Mayor Clark: Boy, that's like Judge Roy Bean. Hang them, shoot them, and let them go.
Vice Mayor Plummer: There you go. We should never get in that...
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: All right. Mr. Robinson, that's been deferred, right?
Vice Mayor Plummer: Which one?
Commissioner Dawkins: Forty-six?
Mayor Clark: Yes.
Commissioner Dawkins: Is Mr. Robinson here? Forty-six.
Mr. Odio: Forty-six was withdrawn.
Vice Mayor Plummer: Forty-six was withdrawn.
Mr.Odio: Yes.
48
July 13, 1995
s
s
044
Commissioner Dawkins: OK.
NOTE FOR THE RECORD: Agenda item 46 was withdrawn.
Mayor Clark: Gilberto Pastoriza. Affordable housing, Little Havana. If they're not here,
they're just not here.
Vice Mayor Plummer: Well, this was after ten o'clock, Mr. Mayor.
Mayor Clark: That is a big mistake.
Vice Mayor Plummer: I agree.
Mayor Clark: You should call all items for the time the meeting starts, and by gosh, you go right
from there.
Vice Mayor Plummer: I agree.
Mayor Clark: That's the way you get through an agenda; not jumping around like a bunch of
hop -scotches. All right, De Yurre, South Florida, we got that, right? That's 48?
Mr. Odio: Yes, sir. That's just what we did.
NOTE FOR THE RECORD: At this point, agenda item 47 was
called or discussion. a record was marked to reflect no
appearance by interested parties at this time.
Commissioner De Yurre: OK. Yeah. That was Izzy.
Mayor Clark: Izzy, that's where Mark...
Commissioner De Yurre: The outer space creature.
Mayor Clark: If you're looking Mark Coats, here, take that coat off. What do you say? Forty-
nine
Commissioner De Yurre: He's campaigning.
49 July 13, 1995
-- - --------------------------------------------------------------------------------
20. BRIEF DISCUSSION CONCERNING PRESENTATION BY VIVIAN
DONNELL RODRIGUEZ, EXECUTIVE DIRECTOR OF METRO-DADE ART
IN PUBLIC PLACES, OF PROPOSED LANDMARK STRUCTURE PLANNED
FOR RIVERWALK STATION OF METROMOVER SYSTEM. (See label 40.)
Mayor Clark: Forty-nine. Ms. Vivian Donnell Rodriguez.
Mr. Wally Lee: Mr. Mayor, she has not arrived yet. If you want to, I'll go ahead and explain
what they want.
Mayor Clark: Well, you're going to have to do it again when she gets here?
Mr. Lee: Yes, sir.
Mayor Clark: Well, just hold on.
Commissioner Gort: Can we vote it without her being here?
Mayor Clark: What's that?
Commissioner Gort: Can we vote on this without her being here?
Mr. Cesar Odio (City Manager): I'm going to recommend against what they want because it's
ugly.
Mayor Clark: All right. Move it, then. Move it.
Commissioner Gort: What... What...
Vice Mayor Plummer: Well wait. Are you recommending for or against?
Mr. Odio: I'm going to recommend against it.
Vice Mayor Plummer: Well, what is it? I don't know...
Mr. Odio: They want to put a huge "M" on our...
Vice Mayor Plummer: Where?
Mr. Lee: This is at the Riverside Metro Station. They want to put an "M" representing Metrorail
about 40 foot high. It'll be an archway to the entrance to the Metrorail Station.
Vice Mayor Plummer: Do we have a rendering?
Co
mmissioner Dawkins: We already have an "M" that says City of Miami. That's enough
Mr. Lee: She was bringing a rendering and so on. I checked the Dade County ordinance which
covers Metrorail or anything in rapid transit, and it gives the County specific permitted land
50 July 13, 1995
uses. Although that isn't listed, they're considering it as part of Metrorail, because as you know,
the Arts in Public Places requires a certain percentage of every construction in the City to have
the art. This is considered art.
Mayor Clark: Cesar, ask the Manager if he recommends this thing. You know what I mean?
We're trying to work a few things out, so let's not holler...
Mr. Odio: It's just that it's a 40 foot high "M".
Mr. Lee: Red.
Mr. Odio: I mean, that's a "huge" thing.
Mayor Clark: Well, ask him.
Commissioner Dawkins: The Manager says he doesn't recommend it.
Mayor Clark: No, I'm talking about the County Manager.
Commissioner Dawkins: Oh,
Mr. Odio: Oh. OK.
Mayor Clark: Understand.
Mr. Odio: I'll ask him.
Mayor Clark: Let's wait till he gets... Tell her if she comes, to hold up till the Manager checks
with their Manager.
Mr. Lee: Yes, sir.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
21. INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION CONCERNING
SCHEDULING OF ALL CITY COMMISSION AGENDA ITEMS TO BEGIN
AT 9:00 A.M., APART FROM CERTAIN SPECIFIC ITEMS WHICH ARE
REQUIRED TO BE SCHEDULED FOR A TIME CERTAIN.
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr:'Jones: If I might. If you want to take personal appearances or start the public hearings
before ten o'clock, you need to change the ordinance.
Mayor Clark: Well, we'll have to do that.
Mr. Jones: OK. Because what has happened... you... This Commission instructed us some time
ago to prepare an ordinance as it presently is. So if you want to start before then, we'll be happy
to bring a change for you.
51
July 13, 1995
Mayor Clark: I would suggest that we have an ordinance that everything... If the agenda says
starts at nine o'clock, everything starts at nine o'clock.
Vice Mayor Plummer: Well, Mr. Mayor that...
Mayor Clark: No specific times, not unless it's a big neighborhood group and they cannot get
down here till a certain time.
Vice Mayor Plummer: Mr. Mayor, I think that we might be better off if we have a morning
agenda and an afternoon agenda. Now, I think that would be fairer.
Commissioner Dawkins: Now, I think I agree with the Mayor, that have it as it comes, and
anybody wants to be heard at a specific time...
Mayor Clark: 'That's a special
Commissioner Dawkins:... we will say that that item will be heard at a time certain.
Mayor Clark: J.L., that's the problem with having these Zoning hearings in the afternoon. We
got that changed.
Vice Mayor Plummer: Well, that's State statute.
Mayor Clark: The only thing that they had in the County that's an exception was the five
o'clock meeting for the budget.
Mr. Jones: But the thing with the County, the County is not bound by 166 like the municipalities
are.
Mayor Clark: Well, we've got to try to change that, too.
Vice Mayor Plummer: Well, Mr. Mayor, I'd like to...
Mayor Clark: Prepare something. Everything starts at nine o'clock. Listen, their time is
valuable. So is ours. There are people dying out there, and poor Plummer has got to sit down
here and take care of all this stuff.
Commissioner Dawkins: All right. What are we going to do? Prepare...
Mayor Clark: Prepare... He knows what to do.
everybody is here at nine o'clock.
Mr. Jones: Are you going to vote on it?
Commissioner Gort: Second.
When it says nine o'clock, that means
Vice Mayor Plummer: Well, I'm going to be a negative vote, if you want a vote.
Mayor Clark: All right. Let's get a vote.
Vice Mayor Plummer: I just think it should be...
Mayor Clark: All right. You can vote no.
52 July 13, 1995
Al.il�grs
Vice Mayor Plummer: OK.
Mayor Clark: Call the roll.
Mr. Walter Foeman (City Clerk): You need a movant and a second, Mr. Mayor.
Commissioner Gort: Second.
Commissioner Dawkins: OK. The second is for...
Mr. Jones: For all items to be scheduled to be heard at nine o'clock...
Commissioner Dawkins: But you have to bring a referendum.
Mr. Jones: and if there is any particular item that needs to be heard at a time certain, it will so
be designated.
Commissioner Dawkins: That's what the referendum will say - I mean the ordinance that you're
bringing back. OK. Second.
Vice Mayor Plummer: It's not a referendum.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO.95-518
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE NECESSARY
LEGISLATION TO HAVE ALL ITEMS ON THE AGENDA BEGIN AT 9 A.M. AND
MAKING PROVISIONS FOR CERTAIN SPECIFIC ITEMS TO BE SCHEDULED
FOR A TIME CERTAIN.
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
Mayor Stephen P. Clark
NAYS: Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
Mayor Clark: Item 49, Richard Holton.
Vice Mayor Plummer: Forty-nine? Oh, yeah. No, 49, isn't that the one we just talked... Oh
49-A you're talking about.
Commissioner Gort: Yes.
Vice Mayor Plummer: OK. He's not here either, obviously. We can do... Can we do 50?
53 July 13, 1995
NOTE FOR THE RECORD, At this point, agenda item 49-A was
called or discussion. 7Fe record was marked to reflect no
appearance by Interested parties at this time.
Mr. Jones: You can go ahead and start the ordinance if you'd like, starting with item 50.
--------------------------------------------------------------------------- --
22. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED EMERGENCY ORDINANCE TO AMEND CODE CHAPTER 38,
RELATED TO PARK FEES FOR USE OF VIRGINIA KEY PARK. (See label
24.)
Vice Mayor Plummer: I move 50.
Mayor Clark: Can we proceed or not?
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Vice Mayor Plummer: Yes.
----------------------------------------------------------------------------------------------------------------
23. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) Proclamation: Constitution Week -- recognizing the 208th anniversary
of the signing of the American Constitution. (Accepted by Margaret L.
Bartlett.)
(B) Presentation of a poster to the Mayor by Susan and Edmond Benson
from Arise Foundation, a group which supports children's causes.
Mayor Clark: Hold on, just a moment. Just a moment. Mr.... Ms. Bartlett, are you present?
Ms. Margaret Bartlett: Yes, I am.
Mayor Clark: Please.
Vice Mayor Plummer: What's this? What item, Mr. Mayor.
Mayor Clark: This is the 208th anniversary of the signing of the American Constitution. Now,
you're not going to vote no on that, are you?
Vice Mayor Plummer: No, sir, I'm not. But I'm asking, what item is it?
Mayor Clark: It's the presentations that we had to schedule later..
Vice Mayor Plummer: So be it.
54 July 13, 1995
Mayor Clark: ... because we started at eight o'clock. And after that, Ed Benson, you bring your
group up after that, after this picture. Ed, tell them what this is all about.
Mr. Ed Benson: Actually, we're presenting this to the Mayor for 13 years of being a children's
champion. And our program, Arise Foundation Enviro-Cops, has been supported since we
began because of this man's love for children, and we thank you so much.
Mayor Clark: The father of six.
(APPLAUSE)
Mayor Clark: Very good. Thank you.
----------------------------------------------------------------------------------------------------------------
24. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 38, SECTION 38-
9, RELATED TO PARK FEES FOR USE OF VIRGINIA KEY PARK --
PROVIDE FOR ADJUSTMENTS TO FEE SCHEDULE AND ANNUAL
ADJUSTMENTS, IF NECESSARY, BY THE MANAGER -- ADD NEW
SECTION 38-10. (See label 22.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Now, we're back in session.
Mr. Cesar Odio (City Manager): On item 50, Mr. Mayor, let me read why it is an emergency.
Mayor Clark: All right.
Mr. Odio: It's being presented as an emergency measure so that the modified fees can be in
place immediately for the operation of that beach. The increased revenues generated from these
fee modifications will assist us in covering staff and maintenance expenses associated with the
full opening of Virginia Beach.
Commissioner Dawkins: What item?
Mayor Clark: Fifty.
Mr. Odio: That's item 50.
Vice Mayor Plummer: Right.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: Well, what we did, Mr. Mayor, we told the Manager, we left at his
discretion to either make it break even or close it.
Mayor Clark: Two to three dollars ($2 to $3), and five dollars ($5) for outsiders.
Unidentified Speaker: Non -City residents.
Mayor Clark: Right. They got it. All right.
55 July 13, 1995
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: All right. Call the roll, Mr. Clerk.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATED TO PARK FEES
FOR USE OF VIRGINIA KEY PARK ("PARK"); PROVIDING FOR
ADJUSTMENTS TO SAID PARK'S ESTABLISHED FEE SCHEDULE AND
SUBSEQUENT ANNUAL ADJUSTMENTS, IF NECESSARY, BY THE CITY
MANAGER TO SAID FEE SCHEDULE; MORE PARTICULARLY BY
AMENDING SECTION 38-9 AND ADDING NEW SECTION 38-10 TO SAID
CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner De Yurre, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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.
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner De Yurre, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11273.
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.
56 July 13, 1995
- --- --------------------------------------------------------------
25. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: INITIATIVES GRANT FOR OUTREACH TO THE HOMELESS --
APPROPRIATE $300,000, CONSISTING OF A GRANT FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
THROUGH THE DADE COUNTY HOMELESS TRUST (AN AGENCY OF
METROPOLITAN DADE COUNTY) -- AUTHORIZE MANAGER TO
ACCEPT GRANT AWARD AND EXECUTE NECESSARY DOCUMENTS.
Mayor Clark: Item 51.
Mice Mayor Plummer: Move it.
Mr. Cesar Odio (City Manager): This item is being presented to you as an emergency because
new employees have to be hired and trained in order to... for the outreach to begin as soon as
possible to coincide with the opening of the Homeless Assistance Center.
Mayor Clark: Read the ordinance.
Commissioner Dawkins: Which Homeless Assistance Center?
Mr. Odio: The HAC (Homeless Assistant Center), the one that is going in the Omni.
Mr. Sergio Rodriguez: In downtown.
Mr. Odio: The one that is...
Commissioner Dawkins: The one that the other people are building over there by the school?
Mr. Odio: Yes, sir. This is the U.S. Department of Housing and Urban Development grant.
Mr. S. Rodriguez: The idea of this grant is that we will be able to outreach and place the people,
our people in the City over there.
Mr. Odio: Let me explain. This is Lyvia Garcia, Commissioner. Page 4. Her operations... We
find our homeless and we will direct them over to the Assistance Center, away from the streets.
Commissioner Dawkins: And this three hundred thousand dollars ($300,000) is where we take
and we hire people.
Mr. Odio: We hire Lydia Garcia, Page 4. Lyvia Garcia, Homeless Coordinator, and her staff
to...
Commissioner Dawkins: Thank you. No further questioning.
Commissioner Gort: Move it.
Mayor Clark: Read the ordinance.
57
July 13, 1995
ell
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "INITIATIVES GRANT FOR OUTREACH TO THE
HOMELESS" AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $300,000 CONSISTING OF A GRANT FROM THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("US HUD") THROUGH THE DADE COUNTY HOMELESS
TRUST ("TRUST"), AN AGENCY OF METROPOLITAN DADE COUNTY;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD
FROM US HUD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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.
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Gort, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11274.
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.
58 July 13, 1995
------------------------------------------------------------------------
26. EMERGENCY ORDINANCE: AMEND 11059, WHICH ESTABLISHED
INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE
FUND: DRUG ABUSE RESISTANCE EDUCATION -- PROVIDE FOR
INCREASE OF $29,472 FROM METROPOLITAN DADE COUNTY --
AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 52.
Vice Mayor Plummer: Move it.
Mr. Cesar Odio (City Manager): This item has been presented to you as an emergency because
of the time constraints involved in planning and executing the program. We received additional
funding from Metro -Dade County of twenty-nine thousand four seventy-two ($29,472).
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11059,
ADOPTED ON APRIL 15, 1993, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "DRUG ABUSE RESISTANCE EDUCATION" TO PROVIDE FOR
AN INCREASE IN THE AMOUNT OF $29,472, FROM METROPOLITAN DADE
COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCOMPLISH THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner De Yurre, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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.
59 July 13, 1995
el)
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner De Yurre, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11275.
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.
----------------------------------------------------------------------------------------------------------------
27. EMERGENCY ORDINANCE: AMEND CODE: (1) SECTION 54-3(d)(1) --
INCREASE GENERAL FEE FOR EACH PERMIT APPLICATION FOR
OBSTRUCTING / CLOSING STREETS / SIDEWALKS OR IMPEDING
TRAFFIC; AND (2) SECTION 22-26(a): (A) DELETE REQUIREMENT THAT
STATES ALL PAYMENT OF WASTE FEES SHALL BE PAYABLE IN
ADVANCE ON OR BEFORE DUE DATE ON A SEMI-ANNUAL BASIS,
AND (B) GRANT TO MANAGER THE AUTHORITY TO SELECT AN
ANNUAL BILLING METHOD FOR PAYMENT OF ALL SOLID WASTE
FEES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Mr. Cesar Odio (City Manager): Fifty-three. Mr. Mayor, this item is being presented to you as
an emergency measure on the grounds of urgent public need for the preservation of peace,
health, safety and property of the City of Miami, and upon the further grounds of the necessity to
make the required and necessary payments to employees and officers, payment of debts
necessary, and required purchases of goods and supplies, and to generally carry on the functions
and duties of municipal affairs.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: Well, Mr. Mayor, I'm going to move it, but let me tell you something, I
don't agree that this is an emergency, in no way, shape or form.
Mr. Odio: It is, because we have to start collecting...
Vice Mayor Plummer: Oh, come on.
Mr. Odio: ... and it's a part of the budget. If not, we would have to bring this back in
September. It would not be in effect until...
Mayor Clark: Let's don't quibble about it.
60 July 13, 1995
Vice Mayor Plummer: Right. You got to worry about closing sidewalks as an emergency.
Mayor Clark: Call the roll. I mean read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO: (1) CHANGE THE PAYMENT OF
WASTE FEES FROM A SEMI-ANNUAL BASIS TO ANNUALLY, BASED
UPON A METHOD DEEMED APPROPRIATE BY THE CITY MANAGER, AND
(2) INCREASE THE GENERAL FEE FOR EACH PERMIT APPLICATION FOR
OBSTRUCTING OR CLOSING STREETS OR SIDEWALKS OR IMPEDING
TRAFFIC; MORE PARTICULARLY BY AMENDING SECTIONS 22-26 AND
54-3; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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.
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Gort, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11276.
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.
61 July 13, 1995
w�a
at t*
...................... ------------------------------------------------------------------
28. SECOND READING ORDINANCE: AMEND CODE, SECTION 54-105
(TEMPORARY ENCROACHMENTS) -- PERMIT TEMPORARY FENCE /
WALL / HEDGE ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF -
WAY.
--------------------------------------------------------------------------------------------------------
Commissioner Dawkins: I move 54 with some amendments. And I'd like to, on page 4, where it
says, "Said fence or wall or hedges, furnish proof to the director," let them furnish proof to the
.City Commission. And on page 5, it says, "Upon consideration of the request of the director."
Let it be the request of the City Commission. And the next paragraph where it says,
"Notification by the Director." Let it be by the City Commission. "C," let it be the City
- Commission and not the director of the Department of Parks. If the Commission is supposed to
be in charge, we ought to be in charge, and not the director. "Upon recording of the same," not
before the director, but before the City Commission. Put those in, and I move it.
Mr. Cesar Odio (City Manager): I just want to clear up that there's some minor details
sometimes that would have to be scheduled in the Commission meeting. That's why...
Commissioner Dawkins: Well, I want it all to come before the Commission.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: May I ask a question, Mr. Manager? I've sent to your office - and I don't
know if it comes under this - Joe, I want... We have in my neighborhood two neighbors that are
fighting, and I'm sure that's not particular just to my neighborhood. One neighbor put up an
eight -foot wall, and his side of the wall is beautiful. He painted it, he plastered it. But on the
other side of that wall, let me tell you something, it is a horrible sight. Now, I asked for
consideration, that if we allow people to put up these eight -foot walls, that they cannot be putting
such a horrible thing facing their neighbor. And I think that that needs to be changed, that if we
allow the wall, that they've got to do on each side, both equal. Because I want to tell you, I
assume our ordinance today does not make any provisions for that. And yet, the neighbor who is
suffering with the atrocity looking side can't touch that wall, because it's not his. Now, does this
address it, or is this strictly right-of-way?
Mr. Jim Kay: No. This is strictly encroachment.
Commissioner Dawkins: If you bring it back before the Commission, we'll address it, because
then we can tell him to paint, to do what they have to do.
Vice Mayor Plummer: OK. But this issue here is about dedicated rights -of -way only?
Mr. Kay: That's correct.
Vice Mayor Plummer: The one before us. OK. And I would hope that the Administration will
bring back... Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: I sent you that stuff on that scenario, and I hope you would bring it back
in the form of an ordinance so we can correct that scenario.
62 July 13, 1995
Mr. Odio: Yes, sir.
Mayor Clark: Good idea. Excellent idea.
Commissioner Dawkins: OK. I move it with the amendment.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 54-105 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "TEMPORARY
ENCROACHMENTS", TO PERMIT TEMPORARY FENCE, WALL AND HEDGE
ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF -WAY; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of April 27, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Dawkins,
seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and
final reading by title, and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11277.
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.
rov
----------------------------------------------------------------------
29. SECOND READING ORDINANCE: AMEND CODE, SECTION 53-161(4)
(SCHEDULE OF FEES) -- ESTABLISH REVISED PARKING RATES AT
JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC PARKING
FACILITY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Fifty-five.
Mr. Cesar Odio (City Manager): It's amending the parking garage at the Knight Center. It's
fees, sir.
Mayor Clark: Is there a motion?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
AT THIS POINT, THE: CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 53-161(4) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES,"
THEREBY ESTABLISHING REVISED PARKING RATES AT THE JAMES L.
KNIGHT INTERNATIONAL CENTER PUBLIC PARKING FACILITY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of April 27, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Dawkins,
seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and
final reading by title, and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11278.
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.
64 July 13, 1995
30. SECOND READING ORDINANCE: AMEND CODE, ARTICLE II (CITY
DAY CARE PROGRAM): (1) SECTION 30-25 (HOURS OF OPERATION) --
PROVIDE DEFINITIONS FOR DAY CARE FACILITY AND PRE-SCHOOL
FACILITY; (2) SECTION 30-26 (FEE SCHEDULE) -- INCREASE FEES FOR
USE OF CITY DAY CARE FACILITIES; AND (3) ADD SECTION 30-27
(PRE-SCHOOL FEE SCHEDULE) -- ESTABLISH FEES TO BE CHARGED
FOR USE OF CITY PRE-SCHOOL FACILITIES -- PROVIDE FOR ANNUAL
REVIEW AND ADJUSTMENT OF FEES BY MANAGER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Fifty-six.
Mr. Cesar Odio (City Manager): It's the agreement we reached with the parents to increase the
daycare center so we would not have the deficit that we had in the past.
Vice Mayor Plummer: Not the deficit or break even?
Mr. Odio: We break even.
Vice Mayor Plummer: We break even.
Mr. Odio: Yes.
Vice Mayor Plummer: Then I move it again.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
65 July 13, 1995
0tiliy,*t 1k4
,f('A
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE 11, ENTITLED "CITY
DAY CARE PROGRAM,"OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; THEREBY AMENDING SECTION 30-25, ENTITLED "HOURS OF
OPERATION," FOR THE PURPOSE OF PROVIDING DEFINITIONS FOR DAY
CARE FACILITY AND PRE-SCHOOL FACILITY; AMENDING SECTION 30-26,
ENTITLED "FEE SCHEDULE," FOR THE PURPOSE OF GENERALLY
INCREASING THE FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES;
AND BY ADDING NEW SECTION 30-27 TO THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PRE-SCHOOL FEE SCHEDULE"
FOR THE PURPOSE OF ESTABLISHING THE FEES TO BE CHARGED FOR USE
OF CITY. PRE-SCHOOL FACILITIES; FURTHER PROVIDING FOR ANNUAL
REVIEW AND ADJUSTMENT OF SAID FEES BY THE CITY MANAGER, IF
NECESSARY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of May 11, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11279.
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. SECOND READING ORDINANCE: AMEND CODE, ARTICLE VI,
CHAPTER 54 (SIDEWALK CAFES), SECTIONS 54-111 AND 54-117 --
PROVIDE, ALTERNATIVELY, FOR QUARTERLY PAYMENT OF PERMIT
FEES FOR SIDEWALK CAFES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark All right. Item 57.
Mr. Cesar Odio (City Manager): It's permit fees, payment for sidewalk cafe annual permit fees
on a quarterly basis rather than once a year.
Vice Mayor Plummer: I would like to amend it to read that any new permits that are issued, that
at least one quarter is paid in advance of the permit being issued so that we don't have to go
chasing after them. If they don't pay within that period of time, we can evict and...
66 July 13, 1995
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, you expressed that at the last meeting.
This ordinance, it was amended to reflect what you want.
Vice Mayor Plummer: Just want to make sure it's there. Thank you.
Mr. Jones: OK.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
Mr. Walter Foeman (City Clerk): I need a movant and a second, Mr. Mayor.
Vice Mayor Plummer: I moved it.
��_ ,1VIr..Foeman;.,A�nd a second.
Commissioner Gort: Second.
An Ordinance entitled -
AN ORDINANCE RELATING TO SIDEWALK CAFES, AMENDING ARTICLE
VI OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO
PROVIDE, ALTERNATIVELY, FOR THE QUARTERLY PAYMENT OF PERMIT
FEES FOR SIDEWALK CAFES; MORE PARTICULARLY BY AMENDING
SECTIONS 54-111 AND 54-117; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of May 11, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11280.
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: Mr. Mayor, there has been a problem. Just if I can bring it to the
Manager's attention. Mr. Mayor, Mr. Manager, you need to go tell everybody that has sidewalk
67 July 13, 1995
u
cafes on public rights -of -way that anybody, whether they purchase from that person or not, has
the right to sit there, as a member of the public. There have been some cases in the Grove where
it's been a problem where people were sitting down at that thing, and they were told, "If you
don't buy, you've got to move." I think you need to send a letter again to these people
reminding them. OK?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Thank you, Mr. Mayor.
Mayor Clark: That anyone is allowed to sit there.
Vice Mayor Plummer: That's correct, sir.
------------------------------------------------ -
32. DESIGNATE COMMISSIONER DE YURRE TO LEAD NEGOTIATIONS,
WITH VICE MAYOR PLUMMER ASSISTING, IN CONNECTION WITH
- PROPOSED PURCHASE OF THE COMMODORE BAY TRACT -- VICE
MAYOR PLUMMER REQUESTS ADMINISTRATION TO PROVIDE TOTAL
EXPENDITURE INVOLVED IN DEFENDING THE CITY IN LAWSUIT
CONCERNING COMMODORE BAY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We're moving back to item 1-A. 1-A is the discussion regarding acquisition of
property known as Commodore Bay Tract.
Commissioner De Yurre: Thank you, Mr. Mayor. You received a memo from me, and it's
based on the fact that for once, we have an opportunity to acquire this piece of land, which has
been... Since I was on the Zoning Board, I think it was 1984 or '85, it's been actively seeking
some resolution with this problem. First, they wanted it to be developed, and last... In fact, they
wanted to develop it for many years, and there's been a strong sentiment in the community, in
the Coconut Grove community, particularly, that this should be a park. We received a letter in
the last few days from the State of Florida, saying that they're in a position to provide funding so
that we may acquire this piece of property and make it into a park for our residents. There are a
number of people here that are going to be speaking on behalf of this effort, and I would like
them to be heard, and after that, I would make a motion that this Commission appoint me to lead
the effort to acquire this property and obtain the funding for it.
Mayor Clark: Let's...
Commissioner Dawkins: You know, I... Hold it, hold it, hold it. I'm tired of every
Commissioner deciding they're going to be the chief honcho for every - everything that comes
up here. Some of these things, somebody else may want to be on. OK? So I just want to know
now, so before you get carried away...
Vice Mayor Plummer: Well...
Commissioner De Yurre: Well, all it takes... Miller, if there are three votes here that feel that I
should do it, then so be it.
Commissioner Dawkins: Yeah but... No, but the Charter says...
- 68 _ July 1.3, 1995
I
AMPIA
} el)
Commissioner De Yurre: Oh, Charter, Charter.
Commissioner Dawkins:... that the Commission makes the decision.
Commissioner De Yurre That's right.
Commissioner Dawkins: Therefore, the Commission should be represented at these meetings.
We cannot discuss this, Victor, among ourselves...
Commissioner De Yurre: No.
Commissioner Dawkins:... for violation of the sunshine law.
Commissioner De Yurre: That's right.
Commissioner Dawkins: So therefore, I should be at the meeting, if I want to.
Commissioner De Yurre: You should.
Commissioner Dawkins: That's right. And I... And any other Commissioner.
Vice Mayor Plummer: Mr. Mayor.
Commissioner Dawkins: That's all I'm saying.
Mayor Clark: All right. We're going to have...
Vice Mayor Plummer: Mr. Mayor, if I can, for the record, in 1985, I was the honcho, if that's
the word, and you wouldn't be here today if it wasn't for the action that this Commission
directed me, as the honcho, to appear before the cabinet in Tallahassee, in which we went to
negotiate with the Coral Committee. There's a couple of things that have to be on the record
here this morning so that we all understand where we're coming from. We could not at that time
even really get it on the Coral Committee. You had to be below number 40 for them even to go
out for appraisals. There was no way at that time that the owners would avail themselves of
what they refer to and still is the law of a friendly taking. Now, a friendly taking, to the Coral
Committee in Tallahassee, is very simply this: There will be two appraisals. They will be
divided by the total by two, and the maximum that they can exceed is ten percent. They cannot,
in any way, negotiate above that number. The reason for it in the past was the fact that the
owners would not even think about that number. So then we came... And it was the only time in
my life that I ever stood up before the cabinet of the State of Florida and negotiated with
Governor Bob Graham as to a percentage of what we would get from the Bayside, which did, in
fact, without this fund we - I don't think we could even consider. The fund that we have now
brings in about a hundred and seventy -some thousand dollars. That fund is what is today near a
half a million dollars. That fund would be used for the acquisition, which this Commission,
upon my negotiation with the Governor, said that that fund could never be touched except for
acquisition. That's where it is today. I think where we are, Mr. Mayor, for your edification,
without an appraisal, we're really whistling in the dark. We...
Commissioner Dawkins: Mr. Mayor, could we let Commissioner De Yurre finish, give him the
courtesy of finishing?
Mayor Clark: We will.
Commissioner Dawkins: And then the rest of us can go through it because, you know...
69 July 13, 1995
Yt
Vice Mayor Plummer: Oh, I was just laying the predicate.
Mayor Clarke We're not going to spend a lot of time.
Commissioner Dawkins: But you cut him off in the middle of his...
Vice Mayor Plummer: I'm sorry. I didn't...
Mayor Clark: I'm not going to spend a lot of time on this. Let me ask a question. Does the
Coral Front have eminent domain ability?
Vice Mayor Plummer: They - no, do not sir. They... Whether they do or not, all I can tell you is
that their law is than they can only proceed under friendly taking.
Mayor Clark: All right. We're going to hear from three people from this group here, Victor.
Commissioner De Yurre: That's fine, Mr. Mayor. And for the record, it's my understanding
that the State of Florida is in the process of getting those two appraisals as we speak.
Vice Mayor Plummer: Yeah.
Mayor Clark: Yes. I spoke yesterday to Elaine Bloom, and she said they were working hard in
that direction. All right.
Commissioner Dawkins: And the City of Miami. I want an appraisal by the City of Miami,
also.
Mayor Clark: Yes, sir. Give us your name for the record.
Mr. Michael Goldstein: Good morning, Mr. Mayor and Commissioners. On behalf of my
clients, the Coconut Grove Village Council and the Coconut Grove Civic Club, my name is
Michael Goldstein. I'm an attorney with the law firm of Coll, Davidson, Carter, Smith, Salter
and Barkett, with offices at 201 South Biscayne Boulevard.
Mayor Clark: Are you being compensated?
Mr. Goldstein: This effort is a pro bono effort. Our costs are being reimbursed by the property
owners, sir. There is no fee involved.
Mr. Joel Maxwell (Deputy City Attorney): I don't think that was the question, Mr. Mayor.
Mayor Clark: Are you being compensated?
Mir. Maxwell: The question was, was he being compensated. Are you being paid for your
appearance here?
Mr. Goldstein: I am not being paid for my appearance here. No, I am not.
Mayor Clark: All right.
Mr. Goldstein: Gentlemen, I am not only here to represent my clients, but to speak for many
other individuals, and civic, historical and environmental associations that have been working for
approximately ten years to have the Barnacle Addition, a wonderful and important piece of
70 July 13, 1995
W11
property in Coconut Grove, purchased as a park and saved from development. The Barnacle
Addition is a six point two (6.2) acre parcel of undeveloped land situated between the City of
Miami Peacock Park and the Barnacle State Historic Site. It is adjacent to Biscayne Bay, which
is a State aquatic preserve and contains the last remnant of the Brickell hardwood hammock. It
has significant historical significance, as well. It's pointed out in a 1985 request drafted by
Sergio Pereira in his capacity as City Manager to the Florida Legislature for funding for the
acquisition of this property. This is part of the first homestead ever granted south of the Miami
River. And it is the site of one of the earliest houses in Coconut Grove. This is also part of the
original land of Commodore Ralph Munroe. For these reasons and more, this property is the
object of many affections. It is coveted as a park, as a sanctuary, as a retreat from the bustling
urban playground which backs up against it along Main Highway. It is also coveted as a prime
development site. You know this very well, because you have been defending the residential
zoning for many years. It has been an extremely contentious, time-consuming and expensive
battle. You have been extraordinarily successful in protecting the R-1 zoning, and the residents
of Coconut Grove are extremely grateful. But now, I come before you and say, "Lay down your
swords." The time for battle is over, as your fight to preserve the current zoning really only
treats a symptom of the true problem here. The true problem is that the property is still in private
hands. And as long as this is the case, any owner will try to maximize his or her allowable use.
To cure what ails us here, to heal this patient, we need to remove the property to the public trust.
I'm here to tell you today that this now can be done. This can be done, and due in large part to
the foresight of this Miami City Commission and the wonderful deal that Commissioner J.L.
Plummer negotiated on the City's behalf, and that is memorialized in this document - Howard,
you want to put up the first document? - which was executed in 1985. This is the Bayside
agreement. To facilitate your understanding of the City's obligation, which is very important, I
am going to take you back now briefly to 1985. Two forces happily converged at that time. On
the one hand, the City was looking to acquire this very property as a park, and wanted State
financial assistance to do so. And on the other, the City was attempting to strike a deal with the
Rouse Company to develop the Bayside Marketplace. But in order to go forward with that
project, the City needed to utilize certain submerged lands previously deeded to it by the State.
While the City already owned these lands, they were still subject to deed restrictions, which
prohibited their use for private commercial ventures. Well, as J.L. Plummer said, as the
Commissioner said, on October 1, 1985, the State and the City got together and negotiated an
agreement, this agreement, which addressed both of the City's needs. The State agreed to waive
the deed restrictions. But in so doing, the State demanded that the City replace the State's
interest in the environment which it was surrendering to private commercial use. And the City
said, "OK, State, we'll do that. We'll set up a trust fund to purchase certain types of
environmentally desirous land, properties adjacent to Biscayne Bay and/or the Miami River, and
we'll fund that trust from a percentage of the lease revenues that we get from the operator of the
Bayside Marketplace." And that is what you see reflected in this transcript excerpt which I have
blown up on this placard here. This is the negotiation that Commissioner Plummer referred to.
At that hearing, Governor Graham stated, "You know, there is a State interest in Biscayne Bay,
and there's a State interest in the Miami River." The reason why they were selected as being the
objects of this directed resource was in order to use the State interest that's now reflected in the
reverter clause in another way, and that is to meet a State interest in the bay and the river. And
Commissioner Plummer, you replied, "The priority item will be agreed to by the City, once
again, and that is the property adjacent to the Barnacle. As you know, there is a desire of the
public and the City of Miami that the property not be developed by a private developer, that it be
acquired as a park, and we are now into that negotiation." And indeed, the City and the State
then agreed that the first property to be acquired shall be the Barnacle Addition, provided two
conditions occur. The property must be placed on the Coral List, and the State must agree to pay
50 percent of the purchase price. Soon thereafter, the property was, in fact, placed on the Coral
List. Sometime later, the second condition occurred, as reflected in this next document, the
State's June 27, 1995 letter to the City Manager, which says the State is ready to perform under
the Bayside Agreement, and directs the City to participate with the State to acquire the Barnacle
71 July 13, 1995
Addition. The terms of that participation that is, how much does the City actually have to
spend? is spelled out in the agreement that I previously showed you, and it provides that if the
City of Miami does not have enough money in its Trust Fund to pay its 50 percent share, the
State will loan whatever money the City does not have. This means that outside of the money
already set aside in the Trust - approximately five hundred thousand dollars ($500,000) - the City
does not have to come up with one thin dime on the front end to purchase the property. Of
course, the City is obligated to pay the State back, but the terms of repayment are - again, thanks
to Commissioner Plummer - extremely favorable. First of all, no interest accrues for the first
five years. Second, the agreement provides that the City reimburses the State out of its Bayside
lease revenues, a portion of the revenues which go... a dedicated revenue source. And I will
point out that once the property is purchased, that portion does increase from seven point four
(7.4) percent to 17.8 percent, and that's how...
Commissioner Dawkins: The interest.
Mr. Goldstein: The interest.
Commissioner Dawkins: Goes to 17 percent.
Mr. Goldstein: Seventeen point eight (17.8) percent. That's how we get to the hundred... No,
no, no, not the interest, sir. The portion of the City's lease revenues which goes to the State
increases from seven point four (7.4) percent, which the City is currently paying into the Trust,
..to 17.8 percent. And that's how we get the hundred and seventy-eight thousand dollar
($178,000) figure.
Commissioner Dawkins: What will the State interest rate be at the end of the five years?
Vice Mayor Plummer: No, that's not interest, Miller.
Commissioner Dawkins: The State's not going to loan us the money interest free, Commissioner
Plummer.
Mr. Goldstein: Absolutely. Commissioner Plummer negotiated that. The first five years, the
deal is absolutely interest free.
Commissioner Dawkins: Five... Five years. If we don't pay it off in five years, what? No, no. I
mean, it's got to be interest.
Mr. Goldstein: There is interest.
Commissioner Dawkins: All right. Thank you. That's all I asked. Go right ahead with your
presentation, sir.
Mr. Goldstein: OK. We'll get back to that. You may ask, "What does this percentage translate
into?" Your City Manager - and I want to thank him and his fine staff for their prompt and
courteous cooperation - graciously provided me auditors' reports for the Bayside Marketplace
lease agreement. The current rent paid to the City of Miami is one million dollars ($1,000,000).
Thus, from this year forward, the City will have available one hundred and seventy-eight
thousand dollars ($178,000) on an annual basis to pay down its obligation. Now, the deal gets
even better for the City. In 1990, Dade County passed an ordinance which established a land
acquisition program funded by an ad valorem tax on the residents of Dade County. It raised
ninety million dollars ($90,000,000). In February of this year, on behalf of the Coconut Grove
Village Council, I drafted and submitted an application to the Dade County Environmentally
Endangered Lands Program for funding assistance. Two weeks ago, I appeared before the Land
Acquisition Selection Committee in support of the Council's application.
72 July 13, 1995
Mayor Clark: Sir, that was a tax for a short length of time, for two years. That isn't in there
now.
Mr. Goldstein: No, sir, but...
Mayor Clark: How much have they got in the Fund?
Mr. Goldstein: The Fund currently has forty-five million dollars ($45,000,000) left.
Mayor Clark: All right.
Mr. Goldstein: Approximately forty-five million dollars ($45,000,000). As reflected in this next
document, the committee agreed to participate in the purchase, and recommended to the County
Commission that it fund ten percent of the overall acquisition cost. It was made clear at that
hearing that this money would go entirely to pay down the City's obligation to the State. Of
course, this is just a recommendation, and the County Commission is free to raise the level of
funding. I will appear before the County Commission to make that case, and I hope you will be
there with me. Gentlemen, ten years ago, the City of Miami entered into a legally binding
agreement with the State of Florida, by which the public's land was converted to private
commercial use. The City has received the benefit of that bargain for ten years, and has
collected rent from the Bayside Marketplace for ten years. At the time the contract was entered
into, it. was contemplated, intended and promised that the State's surrendered interest in the
environment would be replaced. Further, it was intended and promised that if certain conditions
occurred, the replacement would be the Barnacle Addition. These conditions have occurred, and
it is now time to move forward. Some would say that the City's not only contractually bound,
but morally bound to acquire the property, and that its failure to do so could result in further
litigation. But that is not what I am going to tell you. I do not need to take that position today,
because you have already made declarations which get us to the same place. You have already
declared that the Barnacle Addition is important, that it should be purchased as a park, and you
have set up the perfect fiscally prudent structure to accomplish this. Forget for a second any
legal argument which might be made regarding contractual obligations. Forget ultimatums and
the posturings of attorneys, including myself, for - and this is critical - whether you believe the
agreement compels you to purchase the property is wholly, completely and utterly irrelevant, if
you are so inclined in the first place, because the contract allows you to purchase the property. If
you believe in preserving open space and in the importance of the Barnacle Addition, as I do,
and as people here do with me, this agreement empowers you to acquire it on behalf of your
constituents and the public at large. Mr. Mayor and Commissioners, this is your agreement.
You negotiated it, and you all know, perhaps more than most, what I am about to say.
Nevertheless, I am going to close my presentation articulating why this property should be
purchased.
Mayor Clark: Sir, I don't think that's the question here. Nobody up here disagrees with that.
You're trying to be the devil's advocate, I know, but go ahead.
Mr. Goldstein: Thank you, sir. First of all, it is consistent with and fulfills the terms of this 1985
agreement. Second, it puts an end to the tremendous waste of financial and human resources
associated with the fight over what a private owner can and cannot do with his or her property.
Third, a viable and responsible financial vehicle is in place to make this happen, and the City's
ultimate dollar participation has been minimized. Fourth, the property is extremely important
from an environmental and historical perspective. It has the last remnant of a once vast
hardwood hammock. It is an oasis of open space that can be preserved in a time where concrete
replaces canopy at a blistering pace. It provides public access to Biscayne Bay. It connects the
City and State park systems. This land may seem expensive, and at eight million dollars
73 July 13, 1995
(1i13,uuu,uuu), the owner's asking price, some would argue that it is. But urban tracts are
expensive. That is a fact of life.
Commissioner Dawkins: Hold it right there. You cannot base what the City of Miami should
pay for this property on a future use.
Mr. Goldstein: And I'm going to get... I'm going to get...
Commissioner Dawkins: We have to base it on that, what it is right now, vacant land.
Mr. Goldstein: Yes, sir. Pursuant...
Commissioner Dawkins: Is that a correct statement, Mr. City Attorney?
Mr.. Maxwell: It should be based on that, sir.
Commissioner Dawkins: Thank you, sir.
Mr. Goldstein: Pursuant to State law, Mr. Commissioner, the State will prepare two appraisals
Vice Mayor Plummer: Have to.
Mr. Goldstein: I believe that they will come in in excess of the asking price, but what will be,
will be. I cannot predict the future, but I am saying instead, let us simply move the process
forward. Let's not squander this opportunity. This is expensive land, but important land. And I
would also remind you that Key Biscayne recently paid ten million dollars ($10,000,000) for a
landlocked spit of land in its village center.
Commissioner Dawkins: You know, let me say something. I hate to cut you off, but I must.
When the Coconut Grove Village Council wants something, they come in all conciliatory and
ready to work with the City of Miami. They never, before today, gave us credit for working with
them to ensure that this piece of property was not overdeveloped. The City of Miami never
wanted to purchase this property, although you keep referring to something, that the City wanted
to buy this property. The City did not want to buy this property. The citizens wanted the
property for a park, so the City wanted to help the citizens acquire it for a park. And the other
thing is the City of Miami will get an appraisal also. I'm not going to be satisfied with two
appraisals from the State. And I would suggest that the owner comes up with his appraisal,
because it's only good... I mean sale value of the land. The thing I want to know from this
Commission, we have prevailed in court. The owners of this property still have a lawsuit for ten
million dollars ($10,000,000) against this Commission, and the Commissioners personally. I
need to know from the owners, what happens to these lawsuits? The second thing I need to
know from the owners is, since we have prevailed, will the City recoup its financial obligation
that it has put out defending us against this owner, who continually goes to court, who has us in
court right now, and are these going to be dropped, or do you just expect the City of Miami to
enter into this and the owner of the property still is free to pursue a monetary judgment? That, I
need to know from somebody.
Mr. Goldstein: Mr. Commissioner, my presentation will be done in one minute, and then I will
address your questions, if you so allow me.
Commissioner Dawkins: OK. Put the timer on. Give him one minute.
Mr. Goldstein: Increasingly, in cities all over the country, we are turning to massive virtual
reality parks that approximate nature and the environment with trams and animated figures and
74 July 13, 1995
movie screens. You now have before you an opportunity to acquire a living, breathing park,
with real birds, and bees, and bay, and hammock, and things that are green and alive. The 1985
Bayside Agreement is truly a visionary document. It speaks well of this Commission's
commitment to the City's environmental heritage, and I applaud you for negotiating it. I urge
you to pass a resolution which directs the City to enter into a purchase agreement with the State
under the terms of this agreement. Thank you. Mr. Commissioner, to answer your question -
and I'm sure it's everyone's question - regarding the outstanding litigation, I do not represent the
property owners, but out of necessity, we have been working very closely with them to bring this
matter to a head. They have represented to me that a public acquisition will end all of the
litigation.
Vice Mayor Plummer: Well, there was a second question to that, Mike. That was, are they
going to reimburse the City for all of the legal fees that they have cost us, or has that even been
discussed?
Mr. Goldstein: Mr. Commissioner, I don't know that anyone has discussed that, but I assume
that would be part of the negotiated purchase agreement. It would all be part of the discussion.
Vice Mayor Plummer: Well, again, I think there's one other question that has to be answered,
not maybe necessarily today, but it's got... Whose name will the property be vested in? I think
that's going to be an important question that eventually...
Commissioner. De Yurre: My understanding is that it's the City of Miami.
Vice Mayor Plummer: Well, Victor, you know, that's all well and good, and I think, right off
the top of my head, that's good, but then there's also liabilities. There's liabilities, there's
maintenance, there's a lot of other things, so that's why... I'm not trying to make a decision here
today, but I think it's a decision that has to be made somewhere down the line, you know. I
think we also have to remember when this property was purchased back in around '85, '84, they
bought it for three million dollars ($3,000,000). And, you know, that's... I just personally - I
could be wrong, and I'm not an appraiser, but eight million dollars ($8,000,000) seems
extremely high for that piece of property. That's my opinion. I've been told that the developer
can go in tomorrow and he can legally, I think, put 26 units on that property, and that will be part
of it. But the one thing that the appraisers have got to know, that the most that they can appraise
it for is what the value of it is today, or the zoning of it is today, either single-family residence,
or a PUD (Planned Unit Development), which maybe or maybe not can be taken into the
appraisal, predicated on any PUD would have to be approved by this City Commission. So these
are the... I think that the motion here today is not to say we're going to enter into an agreement,
but that we are in favor of pursuing to the ultimate end. I can't say... I can't vote today that I'm
in... going to go... whatever agreement comes before this table I'm going to vote for, because I
don't know it. OK?
Commissioner De Yurre: And there's no question about that. We're just looking... Today, the
reason that this is here is so that we can begin the process of pursuing something that can be
brought here for consideration, whether we want to go ahead or not, and under what conditions,
and...
Vice Mayor Plummer: Victor, I think that's already on the record. I think that was started ten
years ago, and is still on the record here today.
Mayor Clark: Commissioner Dawkins.
Vice Mayor Plummer: We wanted to pursue it then, we want to pursue it now.
75
July 13, 1995
Af
Mayor Clark: Commissioner Dawkins.
Commissioner Dawkins: I think the same reason - Commissioner De Yurre has said it
beautifully - I'm interested in it for the same reason I was interested in it in day one, the same
reason I'm interested in Watson Island. If we do not preserve what last open space we have, my
grandchildren may not ever know what open space is. So there's a commitment here to acquire
the land, but it's not a commitment to make the owner rich as we acquire it. I think that's the
sentiment here.
Vice Mayor Plummer: Commissioner Dawkins, your grandchildren will always enjoy as long as
there's a Hadley Park.
Mayor Clark: They don't know about that.
Commissioner Dawkins: That's open space all right.
Mayor Clark: All right. Let's move forward.
Commissioner Gort: What's the motion?
Commissioner De Yurre: Mr. Mayor, I would...
Commissioner Dawkins: Are you going to make your motion?
Commissioner De Yurre: Yeah. I would like to be allowed the privilege of working towards
this end. I think it's something that I would like to see. It's something that is needed, that this
community wants, and I would... with the understanding that whatever progress is made
obviously needs to be brought here to this Commission, that I will keep everybody abreast of
what's going on. I would like to be the point person from this Commission to work with the
community and try to bring this to fruition.
Commissioner Dawkins: Second.
Commissioner Gort: Mr. De Yurre, Commissioner, if you would allow me, I would like to make
an amendment. Since Commissioner Plummer has been working on this for the last ten years, I
think he should be part of that also.
Vice Mayor Plummer: I'll co-chair it with him.
Commissioner De Yurre: That's fine.
Commissioner Gort: Second the motion.
Vice Mayor Plummer: That's no problem. I'd like to hear from our Legal Department what... if
they have any comments.
Mr. Maxwell: Thank you, Commissioner Plummer. There are some things that I think you
should hear regarding this. As you know, the City has been involved in litigation for over nine
years on this particular piece of property. The City has been phenomenally represented by three
different law firms at the same time concurrently in this lawsuit. They are at least two of
them - are here today. I'd like for you to recognize them. Joseph C. Fleming and Gary Held are
here, and I think some comments that have been made by Mr. Goldstein deserve some reply on
their part. I think they are prepared to respond, and if you will give them...
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July 13, 1995
,1:
OWN
Mayor Clark: Well, wait a minute now. 'We're not down here today, please...
Mr. Maxwell: I understand that.
Vice Mayor Plummer: No, I don't think...
Mayor Clark: We're not down here to get into an argument back and forth. Now, I know they
have comments and everything else. We're not going to solve anything here by them
commenting at the present time. Victor's got a motion on the floor. It's a motion that is not that
heart -binding. You haven't committed to anything yet, have you, Victor?
Commissioner De Yurre: What's that now, Mr. Mayor?
Mayor Clark: You haven't committed to anything?
Commissioner De Yurre: Nothing at all. Nothing at all, of course not.
Mayor Clark: His idea is to sit down and see what... negotiate with these people.
Mr. Maxwell: I understand that, Mr. Mayor. The only thing is that Mr. Goldstein did say that
you have an absolute obligation under the agreement right now and...
Mayor Clark: That's his words. We understand where we stand.
Mr. Maxwell: Oh, OK.
Mayor Clark: Mr. Gort.
Commissioner Gort: The obligation is to buy the land.
Vice Mayor Plummer: Yeah.
Mr. Maxwell: We don't agree.
Commissioner Gort: Environmentally sensitive land.
Vice Mayor Plummer: Yeah. And I would also like to know from the Legal Department
approximately the total amount of money that you have expended in dollars to defend the City's
position in this, so that will be one of the negotiating tools that Victor and I would use.
Mr. Maxwell: Would you like that information now?
Vice Mayor Plummer: Excuse me?
Mr. Maxwell: Are you asking that question now?
Vice. Mayor Plummer: No. I'm asking that you will prepare such a document. You know, Joe
Fleming didn't really do that good of a job. He just had a very good issue to run with, that's all.
Mr. Maxwell:They have a...
Commissioner Dawkins: Is it any way, Mr. Mayor and fellow Commissioners, that this law
team that has successfully defended us through this, that they be brought in, even if we have to
pay them, to sit in these negotiations with Commissioner Plummer and Commissioner. De Yurre
77 July 13, 1995
to ensure that what we have gained and what... that we're not being lost? Is that a good
arrange... recommendation?
Commissioner De Yurre: I don't think so.
Commissioner Dawkins: Why not?
Commissioner De Yurre: Because we have...
Commissioner Dawkins: Well, I so move. I mean, I'd like to vote against it. I vote... I mean, if
I have a team that has been successful in defending the City of Miami and the residents of the
City of Miami for ten years against the best lawyers around the country, and come out victorious,
and stand at the verge now of being victorious for the last time - no doubt that's why we're in a
hurry to buy it, and that's just my opinion - I think, and that's just my opinion, that the...
Vice Mayor Plummer: I don't see anything wrong with that.
Commissioner Gort: Commissioner Dawkins.
Commissioner Dawkins: Yes, go right ahead.
'Commissioner Gort: What you're saying is whenever, if we do come to an agreement, when we
have,.a closing. that_ m li. have to be performed, that -closing would have to be performed by an
attorney and...
Commissioner De Yurre: No. I think he's talking about the whole process.
Commissioner Dawkins: No. What I'm saying is that... No. Well, they... You see, they can't
be at the closing if they can't be in at the opening, you see? You know, just don't bring this
package to them, and then they weren't there when you were negotiating it and what have you.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, I think that what might be appropriate
is that during the course of the negotiations that they not be so much a part of the negotiation
as... as much as that we consult with them to make sure that we're not going astray from what
we've gained through ten years of litigation.
Commissioner Dawkins: OK.
Vice Mayor Plummer: OK. Yeah, that's fine. Now, also, do we have a hold harmless clause in
this thing here from the very beginning?
Mr. Maxwell: When you say hold harmless...
Vice Mayor Plummer: Any negotiation between the owners...
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: ... and others are strictly for the purpose of negotiation and cannot be
used in any further lawsuit.
Mr. Maxwell: Yes, sir, we sure do.
Vice Mayor Plummer: We want a document to that extent prior to the start of any negotiations.
78 July 13, 1995
14vir
Office..
Vice Mayor Plummer: Absolutely.
Mr. Maxwell: ...insisted that such an agreement be enforced before you even had this
discussion. And it is in place now.
Vice Mayor Plummer: Well, let me tell you, Miller, what I think that you're not saying that was
important. This matter, Cod forbid, could fail. There is that possibility. OK? And if it does,
any of the negotiations, these people that have defended us so successfully would have to defend
us if this matter failed, and I'm sure, because there would be other litigation, I think it's
important that they be in on all of these meetings, whether they join in the negotiations or not,
that they should be involved, that in case this fails that we have somebody to run with in the
future.
Commissioner De Yurre: Well, the problem is, J.L., if they're a part of this, then they're going
to be witnesses to this, and then they can't defend us.
Vice Mayor Plummer: But they can sure advise us.
Commissioner De Yurre: But they can't defend us.
Vice Mayor Plummer: Well...
Commissioner De Yurre: I think that they just have to be available when needed in the process,
and that's that.
Vice Mayor Plummer: Well, that's... It's important. I think that's... You know, as long as
everything is held harmless, that's the important thing to me, that we can go and negotiate and
that it can't be used...
Commissioner. Dawkins: You know, well, what is it we got to hide that they can't be sitting in
there? Somebody tell me that.
Vice Mayor Plummer: I have no problem with it.
Mr. Maxwell: No, it's the legal question, the conflict of interest that may arise. That's what's
being addressed now.
Commissioner Dawkins: I mean... OK, OK. Move it, move it.
Vice Mayor Plummer: Call the roll.
Mayor Clark: Yeah.
i
79 July 13, 1995
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.95-519
A MOTION DESIGNATING COMMISSIONER DE YURRE TO PARTICIPATE IN
ANY NEGOTIATIONS REGARDING THE PROPOSED SALE OF THE
COMMODORE BAY TRACT BY ITS OWNERS, SHOULD SUCH NEGOTIATIONS
INVOLVING THE CITY OCCUR; FURTHER DESIGNATING VICE MAYOR
PLUMMER TO ASSIST IN SUCH NEGOTIATIONS; FURTHER, DIRECTING THE
CITY MANAGER TO CONSULT, DURING ANY SUCH NEGOTIATIONS, WITH
ATTORNEYS JOSEPH Z. FREMING, GARY HELD AND PARKER THOMPSON,
WHO HAVE SUCCESSFULLY REPRESENTED THE CITY AS SPECIAL OUTSIDE
LEGAL COUNSEL IN CONNECTION WITH COMMODORE BAY TRACT
LITIGATION.
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.
(APPLAUSE)
Mr. Odio: Mr. Mayor, I saw...
Mayor Clark: Please, now, please. I've got everything down here documented, so relax.
Vice Mayor Plummer: We still can't go to public hearings.
Mayor Clark: I know it.
r Mr. Odio: You have the...
Mayor Clark: We got other things we could...
Mr. Odio: Number 42, Mr. Mayor, he's here.
80 July 13, 1995 F
Mayor Clark: I know.
Vice Mayor Plummer: Who is he?
Mayor Clark: We got some presentations to make.
Vice Mayor Plummer: What is 427
Mayor Clark: Bring those people up. Give their names.
------------------------------------------------------------------------- -
33. (Continued) RECONSIDER PRIOR VOTE CONFIRMING ABOLISHMENT
OF THE BAYSIDE MINORITY FOUNDATION. (See labels 14 & 35)
----------------------------------------------
------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, Mr. Howard Gary.
Mayor Clark: Yeah, you were here anyway, Howard. I swore you were here.
Vice Mayor Plummer: Howard, who?
Commissioner Dawkins: I would like to move to reconsider 39.
Mayor Clark: Second. Cast a unanimous ballot. Go ahead.
Commissioner Dawkins: OK. Go ahead. Bye.
Commissioner Gort: Commissioner Dawkins.
Commissioner Dawkins: Yeah.
Commissioner Gort: Do you mind if we... We have people that have been waiting here since
this...
Commissioner Dawkins: No, we're done with that.
Commissioner. Gort: Oh, we're done with that.
Commissioner Dawkins: Yes, sir. We reinstated him.
Mayor Clark: All right.
Vice Mayor Plummer: We reinstated who?
Commissioner Dawkins: Howard... Whatever that, 39 is.
Vice Mayor Plummer: No, no, no. All we're doing is reconsidering. Oh, no.
Commissioner Dawkins: Ha -ha-ha. OK.
Sl
f ' altiR'� a { 4'
{
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-520
A MOTION TO RECONSIDER PRIOR MOTION 95-515, WHICH HAD
REAFFIRMED THE ACTION OF ORDINANCE 11130 (ABOLISHMENT OF THE
BAYSIDE MINORITY FOUNDATION.)
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.
-------------------------------- -------------------------------------------------------------------------------
34. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) Certificate of Appreciation: People United to Lead the Struggle for
Equality (P.U.L.S.E.) -- in recognition of 14 years of service.
(B) Certificate of Appreciation: Maria Andrea Santamaria, Celia M.
Fernandez and Sylvia P. Cordero -- for allowing use of Riverside
Elementary School for several community seminars.
Commissioner Gort: We have the president of PULSE (People United to Lead the Struggle for
Equality) here, Charles Gray.
Mr. Cesar Odio (City Manager): He was here. 1 saw him here.
Commissioner Gort: He is here?
Commissioner Dawkins: Come right up, sir.
Commissioner Gort: You want to come right up, sir. This is for the... Mr. Mayor.
Mayor Clark: Maria Santamaria?
Commissioner Gort: No.
Mayor Clark: United... Yeah, PULSE. Please come up.
Commissioner Gort: You want to bring them up?
Vice Mayor Plummer: How many are there?
82 July 13,1995
a�
Commissioner Gort: Maria, "esperate."
Vice Mayor Plummer: No, that's all right. If you got 400, it's a different story.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Maria Santamaria.
Commissioner Gort: I'd like to state I've been working... My office has been working very
closely with the school system and Riverside School.
Vice Mayor Plummer: Wait, wait, wait. What's this for?
Commissioner Gort: We provided seminars there in health...
Vice Mayor Plummer: Whoa, whoa, whoa. 1 was at Riverside before you.
Commissioner Gort: Well, I understand, but we have provided some technical assistance to the
people and school in the neighborhood, and they're here. These are the people that helped us.
Mayor Clark: Maria?
Commissioner Gort: Maria A. Santamaria, Celia M. Fernandez, y Sylvia Cordero.
Mayor Clark: Please come up.
Vice Mayor Plummer: Let me stop and think what year. '47...
Commissioner Gort: Too long.
Vice Mayor Plummer: I was trying to think... I was there in '46.
Commissioner Gort: I was there way after you.
Vice Mayor Plummer: Yeah, way after. I think I was at Riverside in '45. 1 was either there in
'45 or '46, I'm not sure. My teacher was at Riverside, Dr. Howell, yeah.
Mayor Clark: Come over here, right over here. Turn right around to the public. Turn it around.
Commissioner Gort: Miller, are you coming?
Vice Mayor Plummer: Is Riverside still the same as the last time I was there?
Ms. Maria A. Santamaria: Of course, yes.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
83 July 13, 1995 j
Mayor Clark: Well move it.
Commissioner Dawkins: OK. Move to... leave it, put it back.
Commissioner De Yurre: Now, what do we do with Howard?
Mayor Clark: The motion is to reinstate it. OK?
Vice Mayor Plummer: Howard who?
Mayor Clark: Thirty-nine?
Commissioner Dawkins: Yes, sir, 39.
Mayor Clark: Motion on 39.
Commissioner Dawkins: Yeah, the board... The Commission abolished it, so the Commission is
going to reinstate it.
Vice Mayor Plummer: I'll second it just so that we can crucify him.
Mayor Clark: All right. It's been reconsidered. There's a motion now, you've moved the item?
Commissioner Dawkins: Yes, sir.
Mayor Clark: Moved and seconded. If there's no exception, cast a unanimous ballot.
Commissioner Dawkins: They're useless, but re... go ahead.
Vice Mayor Plummer: OK. Now...
Mayor Clark: Wait just a minute.
Commissioner Dawkins: Call the roll.
84
July 13, 1995
w °^
1
I
Vice Mayor Plummer: This is on the reconsideration.
Commissioner Dawkins: Yes -no. This is to... We've reconsidered already.
Vice Mayor Plummer: Then I want to know why it's on the agenda, who wanted to abolish it,
and for what reason.
Commissioner Dawkins: The City Commission...
Commissioner Gort: We abolished it.
Commissioner Dawkins: When we abolished Boards...
Commissioner Gort: We abolished all Boards...
Commissioner Dawkins:... we abolished the Bayside Foundation Trust.
Vice Mayor Plummer: OK. What about the fund? Howard, what about the fund, dollars.
amount of money that's in that fund?
Mr. Howard Gary: I have the vice chairman of the Miami Bayside Foundation here with me.
Vice Mayor Plummer: OK.
Mr. Gary: The contract which I have before me here with Rouse Company, as a provision of the
agreement you have with them, required them, which was a part of their proposal, that they
contribute one hundred thousand ($100,000) or one percent of net available proceeds.
Vice Mayor Plummer: OK.
Mr. Gary: And so far, it's been a hundred thousand ($100,000).
Commissioner Dawkins: What does "net available" mean?
Mr. Gary: "Net available for distribution" means revenues that they pay, all their debt service -
there's a schedule - debt service that they pay you...
Commissioner Dawkins: So if there was no debt service - if there was no net available
resources, we'd get zero.
Mr. Gary: Well, no. They have to pay the Foundation a minimum of a hundred thousand dollars
($100,000).
Commissioner Dawkins: OK.
Vice Mayor Plummer: Is that... How often? Onetime?
Mr. Gary: No. Every year.
Vice Mayor Plummer: Every year. OK.
Mr. Gary: We currently have approximately in that fund three hundred thousand dollars
($300,000). And what we use the fund for... And there's a Board that's been appointed by this
..*R
July 13, 1995
0W
Commission and the Bayside Foundation. Five members are appointed by this Commission, five
members are appointed by the Rouse Company. Those ten appoint five others. They sit as a
Board of Trustees. So far, Commissioner, we send each Commissioner and the Manager a
monthly memorandum - for lack of a better word - on the status of the minority program, what
successes exist over that project. With regard to what the Foundation has done to assist in that
project, we have spent money to give them technical assistance with regard to lawyers, in terms
of negotiating their leases, providing them technical assistance in terms of setting up their
bookkeeping, we've given them...
Vice Mayor Plummer: How much last year did you get in your payment?
Mr. Gary One hundred thousand ($100,000).
Vice Mayor Plummer: You got the minimum.
Mr. Gary: Yes.
Vice Mayor Plummer: OK.
Mr. Gary: We've only gotten the minimum since we've been in existence
Vice Mayor Plummer: OK. I would like to see a list of where the dollars are paid out.
Mr. Gary: OK.
Vice Mayor Plummer: Obviously, you have a back log of three years payment. Now, the reason
I thought this was on the agenda was because I had heard they weren't doing anything, they
didn't even have any meetings. OK?
Mr. Gary: No.
Vice Mayor Plummer: So that's wrong. So all I'm asking...
Commissioner Dawkins: No, that's correct.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: That's correct. OK? Every minority who's been down there is out,
gone, no longer there.
Vice Mayor Plummer: OK.
Commissioner Dawkins: So they haven't, in my... They haven't done anything. OK? That's
all.
Vice Mayor Plummer: All right. I would like to see what amounts of money were spent in the
year '94, the last 12 months. OK? Now, as Miller says, if there's no minorities down there,
what do you proceed to do?
Mr. Gary: Well, I don't think that's what he's saying. The Rouse Company has maintained a
minimum of 50 percent minority participation since its inception. The lowest they've ever
gotten, which was for one month, was 49 percent. So they're maintaining their responsibility.
Commissioner Dawkins: So 50 percent of the stores in Bayside are owned by minorities.
86 July 13, 1995
WlAS1111.701VAlVl YQYt 1111LJ• 1114111► rVY.
Mr. Gary: If you're asking me if a number of minorities have not succeeded, as you alluded to,
Commissioner Dawkins, it was correct...
Commissioner Dawkins: Not "alluded." I stated. It wasn't... It's not an illusion of mine.
That's a statement.
Mr. Gary: Well, statement.
Commissioner Dawkins: OK. Thank you.
Mr. Gary: I didn't say... I didn't mean illusion.
Commissioner Dawkins: OK, no problem. Go ahead. Go ahead.
Vice Mayor Plummer: I'd ask for one other thing and then let it go.
Mr. Gary: Yes.
Vice Mayor Plummer: I'd like to see what your program of what you plan on doing for the next
12 months is going to be.
Commissioner Dawkins: My biggest problem, J.L., is that the Rouse Company does not have
any minority ownership. In our infinite wisdom, we did not build in...
Vice Mayor Plummer: No. That's not...
Commissioner Dawkins: ... but Rouse Company didn't do that.
Vice Mayor Plummer: That's not...
Commissioner Dawkins: The minority owners came here...
Vice Mayor Plummer: That's not true.
Commissioner Dawkins: ... and allowed Rouse to buy them out, so that's not your fault, Mr.
Gary.
Vice Mayor Plummer: Excuse me. Is there not local participation, minority?
Commissioner Gort: They requested to be bought out. That's my understanding.
Commissioner Dawkins: Yeah, that's right. That's right.
Vice Mayor Plummer: I understand that. But they were in the original deal.
87 July 13, 1995
Commissioner Gort: They wanted to get out of it.
Vice Mayor Plummer: That's correct.
Commissioner Dawkins: They were in the original deal, but they're no longer there now.
Vice Mayor Plummer: Oh, yeah.
Mayor Clark: We're not accomplishing a thing here, folks.
Vice Mayor Plummer: OK.
Mayor Clark: Let's .move forward.
Vice Mayor Plummer: So we're leaving it as is. We're not abolishing it.
Mayor Clark: That's right.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I guess your motion would be
appropriate, since it was abolished, to recreate it.
Mayor Clark: We reconsidered it now, but we're not taking any action on this to abolish it.
Commissioner Gort: They've got to come back...
Mr. Jones: No, it was already abolished.
Commissioner Gort: It's already been abolished.
Vice Mayor Plummer: I make a motion that it be reinstated for at least another 12 months, and
then sunsetted by this Commission.
Commissioner Dawkins: OK. Or reconsider it then.
Mayor Clark: Reconsider it after 12 months.
Commissioner Dawkins: At the end of 12 months.
Vice Mayor Plummer: After 12 months, they come back again.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk. OK?
88 July 13, 1995
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36. VICE MAYOR PLUMMER THANKS T. WILLARD FAIR FOR BRINGING
THE NATIONAL URBAN LEAGUE CONFERENCE TO MIAMI.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, if I may, Mr.... Urban League, Mr. T. Willard Fair. This
Commission owes you a gratitude for what you have done as head of Urban League, to bring a
major convention to this community. Mr. Mayor, he has brought here Urban League from the
United States. They have taken 13,000 hotel rooms in this community. It is a major, major
accomplishment, and it sends out a message that this community urgently needs to send out to
these United States. Mr. Willard Fair, I salute you, sir. I only have one question left.
Commissioner Gort: Watch out.
Vice Mayor Plummer: You committed that Newt Gingrich was going to be a speaker at that
convention. Is that still true?
Mr. T. Willard Fair: The speaker promised the members of the House that he would not leave
Washington unless it was to raise money.
Vice Mayor Plummer: Did you give him a dollar?
Mr. Fair: So he's not coming in person, but there will be a telecommunications hookup. He's
going to speak to us for 45 minutes on July the 26th.
Vice Mayor Plummer: If he's not going to be there personally, I don't want those four seats in
the first row.
Mr. Fair: Well, I can assure you that since it's going to be his first public statement to a
predominantly black audience, that you ought to be there.
- 89 _ July 1-3, 1995
Commissioner Dawkins: While Mr. Fair is here, may I pull out of...
Mayor Clark: 'Yeah, pull it out. Let's take care of that.
Commissioner Dawkins: Mr. Albert Ruder, what about these bleachers? What item is the
bleachers? Because I'm not voting for it, but what item is it?
Mayor Clark: Do you know which item it is, "T," what number it is?
Vice Mayor Plummer: With reference to what, Mr. Mayor?
Mayor Clark: The bleachers.
Commissioner Dawkins: The bleachers that we're supposed to be purchasing.
Vice Mayor Plummer: Oh. Let me ask a question. I had a question about this.
Mayor Clark: Wait a minute. Let's get one thing first, J.L.
Vice Mayor Plummer: Well, while they're looking it up, Mr. Mayor, I was going to try to save
you time:
Mayor Clark: All right.
Vice Mayor Plummer: I've got a concern, Mr. Ruder, about the bleacher situation. We have
7,000 seat bleachers that were purchased for Dinner Key that have never been used that are out
in the outdoors deteriorating, and are presently being used by the homeless down there as living
accommodations. Why aren't we using those bleachers, which are absolutely going to waste,
instead of going out and buying more bleachers?
Commissioner Gort: It's item 26.
Mr. Alberto Ruder: It's 26. And I really didn't handle this item, but I believe those bleachers
are basically for indoors.
Vice Mayor Plummer: They've never been indoors.
Mr. Ruder: I know but they...
90 July 13, 1995
Vice Mayor Plummer: They're outside deteriorating. They're not covered.
Mr. Ruder: _ Yeah. I'm not...
Vice Mayor Plummer: It's an absolute crying shame.
Commissioner Dawkins: I'd like to know from Mr. Fair, the School Board is giving nothing at
all.
Vice Mayor Plummer: That's nothing unusual
Commissioner Dawkins: And like you said, every time the Urban League comes here, we meet
their demands. I think the School Board should buy these bleachers. These bleachers are going
on the School Board's property when we're... When Mr. Fair is not using it, the School Board
will .be using it. And with the School Board passing a billion dollar bond, and raising my
mileage by three point three (3.3) percent, the School Board ought to buy these bleachers instead
of us, and that's just my feeling.
Vice Mayor Plummer: Well, just also for the record, Mr. Dawkins, I want to put the School
Board on notice that this one vote - and I hope my colleagues will agree - in the early
retirements, 82 policemen have gone. The School Board now has its own Police Department
with their own police cars and everything, that this business of school resource officers, they can
provide just as well as we can, and they're getting them from this City free of charge. We need
those policemen back out on our streets, and let them police their own police scenario.
Commissioner Dawkins: I don't see where nine thousand dollars ($9,000) will break the School
Board.
Mayor Clark: Fine. What are you going to do on item 26?
Mr. T. Willard Fair: Item 26, Mr. Mayor, let me share with the Commission the scope of the
project, and the relationship of the bleachers to that scope. My name is T. Willard Fair. I'm the
president and Chief Executive Officer of the Urban League of Greater Miami. As Commissioner
Plummer pointed out, we will be hosting our national conference here next week, and part of the
offering to the conferees is what we call a corporate social responsibility day whereby the
persons in attendance would be allowed to come over to Liberty City and assist us in creating
some recreational outlets for the children in our child development zone. There's a plot of land
that we've used every Saturday with the kids that we work with that is vacant. We approached
the School Board and asked their permission to allow us to go to the community at large,
including the City of Miami, to see if we could not raise enough money to convert that plot of
land into what we have deemed a peewee athletic field for kids 12 and under. We've been able
to do that. We've asked the City to be a partner in carrying out a portion of that construction.
The School Board is also a partner in this process. It is their land that they're allowing us to use.
The kids that we work with will be kids who are from the African Square Park area that we work
with, so there will be benefits to the park after school and on the weekend for the citizens of the
community. The School Board is also committed to the construction of a six-foot fence around
the park at our request, which is a total of ten thousand dollars ($10,000). They've also
committed themselves to the supplying of 50,000 square feet of sod, which comes out to about
another fourteen thousand dollars ($14,000). They have corrected the irrigation problem on this
site at their expense, and they would not have done that had we not requested they do this to the
tune of another twelve thousand dollars ($12,000). So the school has made a substantial
additional commitment to the process of creating this park. There are other private investors
who have also come to the forefront along with us and the School Board to make this park a
reality. Ryder Systems Rental Division has given us thirteen thousand dollars ($13,000) for the
construction of a peewee track around the field. Odebrecht Construction Company out in the
west end of the County has donated twenty-two thousand dollars ($22,000) for the construction
91 July 13, 1995
of a peewee basketball court on the field. And the Florida Marlins are going to construct a
miniature baseball diamond on the field at the tune of fourteen thousand dollars ($14,000). So
there is a cost fertilization of involvement of the entire community, and we're simply asking the
City also to step up to the plate once again.
Mayor Clark: All right, "T"...
Commissioner Dawkins: I would not have a problem with that, Mr. Fair, if the City of Miami
had not worked with you and outfitted African Square Park. We have spent money in this same
area over and over.
Mayor Clark: Do you move it?
Commissioner Dawkins: But make the motion, whatever it is. I will be voting against the
motion.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Do you move it?
Commissioner Gort: I've been working with the school system a lot since we got elected, and
presently, we've got four programs in four different parks where the school system is paying for
it. And I think that we need to start working with them, and I'll move for approval.
Mayor Clark: Second the motion. Call the roll. I need four votes on this, Victor. Victor, I need
four votes on this thing.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-522
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF TEN
GALVANIZED BLEACHERS FROM NOLAND ASSOCIATES, AT A PROPOSED
COST OF $8,790.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET OF THE DEPARTMENT OF GENERAL SERVICES/SOLID
WASTE, ACCOUNT CODE NO. 421601-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
92 July 13, 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
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Well, I'm going to go on the record. I'm going to vote yes, but I want it
very clearly understood, the School Board has the same ability to tax as we do. We're at the
maximum, they are not, and as far as I'm concerned, I'm going to again say on the record, the
School Board better start picking up their obligations.
Mayor Clark: That's another case.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Thank you, T. Willard. Item number 40. Martin Fine, are you present?
Vice Mayor Plummer: What number? Forty?
Mayor Clark: All right. Leonard Rubin, is he present? Second time around. Next time...
Commissioner Gort: Simpson Park is here.
Mayor Clark: What's that?
NOTE FOR THE RECORD: At this point, agenda item 40 was
called or discussio—n7--TFe record was marked to reflect no
appearance by interested parties at this time.
---------------------------------------------------------------------- --
38. PERSONAL APPEARANCE BY A REPRESENTATIVE FROM THE MIAMI-
ROADS NEIGHBORHOOD CIVIC ASSOCIATION, INC. CONCERNING
PROTECTION OF SIMPSON PARK. (See label 43)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, the Miami Roads, item number 42. Proceed.
Mr. Joe Wilkins: Thank you. Hello again. My name is Joel Wilkins, 228 Southwest 23rd Road.
I'm here speaking today for the Miami Roads Neighborhood Civic Association. I'd like to, first
off, introduce who is with me today, Dr. Yvette Lopez, who is the chairperson of our new South
Miami Avenue Committee. The residents in the area of South Miami Avenue have really come
together to address some issues specific to that area. Yvette has chaired that very capably,
they're very active, and one of the issues is Simpson Park. I think you all know we have a
history of supporting the Park, and working to try to change the history in the Park. We have a
lot of history that we'd like to preserve, but the history of Simpson Park is something we would
like..
Mayor Clark: What do you need? What do you want?
Mr. Wilkins: ... to change. We want to first thank Mr. Ruder for his cooperation. We were
concerned when Ralph retired. We found a very good person in the Park to help us manage and
promote the Park. We're working to make the Park a resource for the City. We need somebody
there when she is not. Right now, the Park is not open unless somebody is there. The people
that come into the Park have to sign into the Park. We've taken a number of measures to bring
the Park under control. We still, though, need somebody there to help guide us with the
preservation of the hammock.
Mayor Clark: Cesar, pay attention here, will you?
Mr. Wilkins: We still need somebody to help with the preservation of the hammock. We'd like
to be able to bring Ralph or somebody capable in to help with that. We want somebody there so
that we can open the Park when Pat Canton is not there. And I want to recognize her. She's
done an out... She's the new attendant in Simpson Park.
Mr. Odio: I want to...
Mr. Wilkins: She's done an outstanding job.
Mr. Odio: We want to recommend, Mr. Mayor and Commissioners, that we... I set aside twenty
thousand dollars ($20,000) for what they propose to do there.
Mayor Clark: That should handle it.
Mr. Wilkins: By way of what we're doing also, we're not just asking for money here today. We
have applied for grants, State and County grants. We're trying to get support to make this into a
full-fledged environmental educational center, and we're working very hard at that, and we
could use all the support we can get.
Mayor Clark: I believe this will help.
94 July 13, 1995
Commissioner Gort: Mr. Mayor.
Mr, Wilkins: That most certainly would.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor, one of the ideas I want to give you all that I talked to you about
also, maybe your association can get together and maybe have a concession stand there where
you can have... That's something for you to think about. We've done it in other parks and it has
worked.
Mr. Wilkins: We have to recognize also that the Garden Center Building is managed by the
Council of Garden Club Presidents, so anything we do has to be worked out through them.
Commissioner Gort: Right, OK, but think about it, because I think...
Mr. Wilkins: We'll explore all options.
Mayor Clark: OK. You're in good hands now, Joe.
Mr. Wilkins: Thank you very much.
Mayor Clark: You're welcome.
----------------------------------------------------------------------------------------------------------------
39. REINSTATE POLICY THAT NO PERSONAL APPEARANCES SHALL BE
SCHEDULED FOR COMMISSION MEETING AGENDAS WITHOUT PRIOR
REVIEW BY MANAGER. (See label 67)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 59, second reading.
Mr. Gilberto Pastoriza: We're here on 47.
Mayor Clark: Sir?
Mr. Pastoriza: Forty-seven.
Mayor Clark: What are you on?
Unidentified Speaker: Forty-seven.
Mayor Clark: What number?
Unidentified Speaker: Forty-seven.
Vice Mayor Plummer: Forty-seven, he said.
Mayor Clark: Were you here before?
Mr. Pastoriza: No, we...
Vice Mayor Plummer: It's affordable housing in Little Havana. Well, he's a ten o'clock item,
isn't he?
Mr. Cesar Odio (City Manager): No. It's a personal appearance.
Vice. Mayor Plummer: Is that a nine o'clock item?
Mr. Odio: It's OK.
Vice Mayor Plummer: Well, go.
Unidentified Speaker: It's a ten o'clock item.
Mr. Odio: No. He's number 47. We just did 42.
Unidentified Speaker: Forty-two.
Mayor Clark: All right. Number 47, go ahead. Where were you before?
Mr. Pastoriza: We just got here about...
Mayor Clark: I know. I know.
Mr. Pastoriza: I was told at ten o'clock.
Mayor Clark: Next time, you'll miss the bus.
Mr. Pastoriza: OK. Gil Pastoriza, with Weiss, Serota and Helfman, 2665 South Bayshore Drive,
Suite 204.
Vice Mayor Plummer: Wait. Let me ask a question. Has this been before the Administration?
Mr. Odio: No, I have not seen this.
Vice Mayor Plummer: You know, let me tell you - excuse me. Mr. Mayor, there is a policy of
this Commission that is not being adhered to that no one can come before this Commission with
a personal item without first taking it by the City Manager. My God, the time it used to save us!
Now the Manager doesn't know what this item is. All we're going to do, sir, at best for you
today, is turn it over to the Manager.
Mayor Clark: You've got to go back to the Manager. Make a meeting with the Manager, then
come here.
Vice Mayor Plummer: And I would like to ask that this Commission's policy in the future be
that no personal appearances are allowed on the agenda until they have at least been presented to
the Manager first.
Mayor Clark: Absolutely. You need a motion on that?
Vice Mayor Plummer: Well, reinstate the policy that that is the case.
Mayor Clark: So move?
Vice Mayor Plummer: Yes.
96 July 13, 1995
a
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-523
A MOTION REINSTATING THE POLICY THAT NO PERSONAL APPEARANCES
SHALL BE SCHEDULED FOR PLACEMENT IN ANY CITY COMMISSION
MEETING AGENDAS WITHOUT PRIOR REVIEW BY THE CITY MANAGER.
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.
Mayor Clark: Mr. Manager, talking about this affordable housing, there's an apartment house on
the comer of 7th Street and 17th Avenue. I don't know how many units are in there.
Vice Mayor Plummer: Yeah.
Mayor Clark: It doesn't look like there's enough parking space for five automobiles.
Vice Mayor Plummer: Oh, that's southwest. No, it's not completed. It's under construction.
Mayor Clark: Well, wait. The lot is filled.
Vice Mayor Plummer: It's under construction.
Mayor Clark: Where are they going to put the parking?
Vice Mayor Plummer: Mr. Mayor, I don't know. I think that used to be Off -Street Parking
Authority's property. It's right on the corner. It's on the northeast corner.
97
July 13, 1995
04
Y
Mayor Clark: Between 7th and 6th on Southwest 17th Avenue.
Commissioner Gort: They got to comply with the parking requirement.
Mayor Clark: Yeah.
Commissioner Gort: They were not in here for a variance. I'm sure they're complying.
Mayor Clark: But you know what happens down there in Little Havana. "Right -on chico."
Mr. Odio: I'll send some inspectors there.
Commissioner Gort: The property is at 17th Avenue and Southwest 6th...
Vice Mayor Plummer: It's on the northeast corner.
Commissioner Gort: Northeast corner.
Vice Mayor Plummer: 17th and 7th.
Mayor Clark: Between 7th and 6th Street Southwest on 17th Avenue, the east side of the street.
Commissioner Gort: Right across from the FP&L (Florida Power and Light) Building.
Mayor Clark: Substation.
Vice Mayor Plummer: No, the transfer station, not a building.
Commissioner Gort: Well, transfer station, whatever.
----------------------------------------------------------------------------------------------------------------
40. PERSONAL APPEARANCE: MS. VIVIAN DONNELL RODRIGUEZ,
EXECUTIVE DIRECTOR OF METRO-DADE ART IN PUBLIC PLACES TO PRESENT PLANS FOR A UNIQUE LANDMARK STRUCTURE
PLANNED FOR THE RIVERWALKSTATION OF THE METROMOVER
SYSTEM. (See label 20)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 56.
Vice Mayor Plummer: Well, Mr. Mayor, what about 49 and 49-A?
Mr. Cesar Odio (City Manager): Mr. Mayor, we did 56. We did 57 and...
Unidentified Speaker: No, 59.
Mayor Clark: Wait a minute, wait a minute, wait a minute. Item number... Which... What were
you talking about?
Vice Mayor Plummer: Forty-nine and 49-A have not been addressed.
F
j
98 July 13, 1995
4
Mayor Clark: All right. Mr....
Vice Mayor Plummer: I don't knew if they're here.
Mayor Clark: Vivian Donnell Rodriguez?
Vice Mayor Plummer: Which one are you, ma'am?
Ms. Vivian Donnell Rodriguez: I'm 49.
Vice Mayor Plummer: OK.
Mayor Clark: Have you been before the Manager's Office?
Mr. Odio: Yes, they have.
Mayor Clark: All right.
Vice Mayor Plummer: Oh, this is the big "M."
Ms. Rodriguez: Yes, sir.
Vice Mayor Plummer: Ha -ha-ha.
Mayor Clark: I tell you what we've done. I tell you what we've done. And you know it's a
massive "M." We've asked our Manager to go back and check with your Manager. Did your
Manager at the County recommend this'?
Mr. Rodriguez: Absolutely. And Mayor, you know, we have a process in Art in Public Places,
Metro -Dade Art in Public Places. It's been through all of our committees. It has been through
Transit. Transit has approved the project. It has gone through all of our...
Vice Mayor Plummer: Can we see the rendering?
Ms. Rodriguez: Yes. The rendering...
Vice Mayor Plummer: Could we see the rendering?
Ms. Rodriguez: This is part of... This is part of the projects that we've done in the Metromover
system. We have a number of projects in Metromover.
Mayor Clark: You have a rendering there?
Unidentified Speaker: Yeah.
Mayor Clark: Hold it up.
Vice Mayor Plummer: Do we have a rendering?
Mr. Odio: That's what it looks like.
Ms. Rodriguez: That's enough. It's a gateway project, essentially a gateway into the station,
almost like an archway, but rather than being the standard archway, it's in the shape of an "M."
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Vice Mayor Plummer: It looks like a clothespin.
Ms. Rodriguez: It looks like an "M" for... It stands for Miami, for...
Vice Mayor Plummer: No. It looks like a clothespin.
Mr. Odio: It looks like something I won't say on the record.
Commissioner Gort: Where'd you get the "M"?
Ms. Rodriguez: It is going to be at the Riverwalk Station. The Riverwalk Station is the station
which... one of the two that bridges - that spans the river, that is almost eight stories high. This
one will essentially be at the level of about three to four stories. In other words, the scale of it
will be between the scale of the individual, the human scale and that scale, the eight stories of the
station.
Commissioner Gort: That's the one next to Bijan.
Vice Mayor Plummer: Yeah, it's above Bijan.
Ms. Rodriguez: Correct, correct. And it sets in the same island essentially as prior to the...
almost really like a gateway that people will pass through to enter into the station. We obviously
are not asking for funds. This is something that we do out of the Transit funds. It will be a
gateway. It really, I think, will be a landmark, you know, not only for the City, but certainly for
the entire County.
Commissioner Dawkins: Is this the same... Is this the Omni area?
Vice Mayor Plummer: No.
Ms. Rodriguez: No, no. This is not in the Omni. Riverwalk Station is by Bijan.
Vice Mayor Plummer: Miller, it's above Bijan.
Ms. Rodriguez: Right, Bijan's, behind...
Commissioner Dawkins: Above Bijan's?
Vice Mayor Plummer: Yeah.
Ms. Rodriguez: Well, not above. It's...
Mayor Clark: All right.
Commissioner Dawkins: Isn't that gateway - I mean that Metrorail Station a Peoplemover
Station by Bijan's?
Ms. Rodriguez: Correct, sir.
Commissioner Dawkins: Jesus Christ! What else can you crowd in there? I mean, it's enough
in there now. You got the...
Ms. Rodriguez: This is really part, Commissioner, this is really part of the station, considered
part of the entrance to the...
Commissioner Dawkins: Well, why wasn't it in the original plan if it's part of the station?
Ms. Rodriguez: Because Art in Public Places works together with the...
Commissioner Dawkins: Well, why didn't you put it in the original plans? I mean, I'm going to
tell all of you...
Ms. Rodriguez: It was not...
Commissioner Dawkins: Let me tell you - I mean this Commission - we have a businessman
who has been suffering for six years, and every time Bijan's place seems to be making a turn up,
we come with another piece of development or something that hinders the man coming into...
How long will it take you to construct this?
Ms. Rodriguez: The construction will take... Roberto?
Mr. Roberto Behar: It's not going to take... Approximately six weeks, approximately six to
eight weeks.
Ms. Rodriguez: Robert Behar is an architect and also an artist...
Commissioner Dawkins: Say what now?
Ms. Rodriguez: ... and one of the designers.
Mr. Behar: Yes. The construction will take about from six to eight weeks, and, in fact, I don't
think it would... I don't think it would interfere with...
Commissioner Dawkins: I tell you what...
Mr. Behar: ... Bijan because, in fact, it's in front...
Commissioner Dawkins: I will vote for this...
Mayor Clark: Before you do that...
Commissioner Dawkins: I would vote for this if Arts in Public Places promises me - no -
promises this Commission that it will reimburse Mr. Bijan for any losses he has while you're
constructing this.
Ms. Rodriguez: Well, Commissioner, I'm afraid that our funds cannot be used for that. We
have, obviously...
Mayor Clark: Well, that's his position.
Vice Mayor Plummer: Well, then, the motion is to deny.
Ms. Rodriguez:... limitations.
Mayor Clark: And also, the motion was passed earlier when you were not here that we wanted a
letter from the Manager of Metropolitan Dade County...
Ms. Rodriguez: Sure.
101
July 13, 1995
Mayor Clark: .., either recommending for or against this, and the backup material you would
have on it, because this is a major move in downtown.
Vice Mayor Plummer: Yeah. Bring it back next year,
Ms. Rodriguez: We can certainly get a letter from the Manager or request a letter from the
Manager, Mayor Clark.
Mayor Clark: Yes, ma'am. If you'll do that, then we can look at it in a different light up here.
Vice Mayor Plummer: Come back and we'll talk about it,
Mr. Behar: If I may... If I may address Commissioner Dawkins.
Commissioner Dawkins: No. The Mayor has made a ruling, and I abide by that. Thank you, sir.
Mr. Behar: I just would like to say... I just would like to say that I think it would be in...
Commissioner Dawkins: I just told you, you don't have to say that.
Mr. Behar: I can say it.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: "M" stands for "miserable."
----------------------------------------------------------------------------------------------------------------
41. DISCUSS AND TABLE FURTHER COMMENTS CONCERNING PROPOSED
ECONOMIC DEVELOPMENT INITIATIVES IN WEST COCONUT GROVE.
(See label 65)
---------------------- -----------------------------------------------------------------------------------------
Mayor Clark: Richard Holton?
Commissioner Dawkins: I saw somebody here from the Grove. Oh, there he is. Mm-hmm.
Mr. Eric Knowles: Mayor, Commissioners, I'm Eric Knowles. I work with Coconut Grove
Local Development Corporation. I just spoke with Mr. Alexander. He's at a meeting trying to
complete work with the Grove Point II. He's on his way, and he's asking that this item be
delayed till he gets here.
Mayor Clark: Well, we'll...
Commissioner Dawkins: We'll take it up after lunch.
Mr. Knowles: OK.
Mayor Clark: Whenever we get to it after that.
102 July 13, 1995
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....... ..................................................................................................
42. DIRECT CITY ATTORNEY TO DETERMINE AMOUNT OF DAMAGES TO
THE CITY CONCERNING ST. HUGH OAKS AND TO FILE A COUNTER
LAWSUIT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, if I may ask the City Attorney. Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Vice Mayor Plummer: I am concerned about St. Hugh Oaks. It has not been occupied. It is my
understanding that they have again filed another lawsuit to stop the occupancy. There is the
outside construction, it's the cost of a security guard around the block, around the corner. Have
we filed a lawsuit, as you told us before, to where we can recover any and all expense that is
being incurred by these lawsuits that they haven't got to first base on?
Mr. Jones: No, we haven't filed any action yet.
Vice Mayor Plummer: Why not?
Mr. Jones: Because the original action is still pending. I think what I indicated to you was the
fact that in the context of the lawsuit that they had filed, that we could file a counterclaim.
However, we haven't done that as of yet.
Vice Mayor Plummer: Why haven't we filed a counterclaim?
Mayor Clark: We'll find them all rotten. Then the Law Department...
Vice Mayor Plummer: Mr. Mayor, it's a shame. Those houses are sitting there, they're
unoccupied. The only...
Mr. Jones: I understand that the lawsuit... They took an appeal because apparently, we
prevailed when they filed the original action.
Vice Mayor Plummer: Of course we did.
Mr. Jones: They... It's on appeal now.
Vice Mayor Plummer: But what about the counter suit?
Mr. Jones: Well, I don't know what the damages are, Commissioner. I mean, I would have to
get with the Administration and...
Vice Mayor Plummer: I'll make a motion at this time that the City Attorney be empowered to
determine the amount of damages and to file the counter suit.
Mr. Jones: Against whom?
Vice Mayor Plummer: Against...
Commissioner Dawkins: Against the homeowners who are filing the suit against us.
103 July 13, 1995
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Vice Mayor Plummer: I'll make that motion.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot. OK, what's that motion you wanted before that? Cast a
. unanimous ballot.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-524
A MOTION AUTHORIZING THE CITY ATTORNEY TO DETERMINE THE
AMOUNT OF DAMAGES IN CONNECTION WITH THE ST. HUGH OAKS
LAWSUIT; FURTHER DIRECTING THE CITY ATTORNEY TO FILE COUNTER
SUIT IN THE REFERENCED MATTER.
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.
43. (Continued) ALLOCATE $20,000 FOR SIMPSON PARK. (See label 38)
Mayor Clark: What was the other one you wanted? i
Mr. Walter Foeman (City Clerk): Agenda item 42 for twenty thousand dollars ($20,000).
Commissioner Gort: Forty-two-B.
Mayor Clark: Yeah, twenty thousand dollars ($20,000). Motion and a second - by Mr. Dawkins,
seconded by myself. Cast a unanimous ballot on 42, Mr. Foeman.
104 July 13, 1995
RESOLUTION NO.95-525
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $20,000 TO THE
MIAMI-ROADS NEIGHBORHOOD CIVIC ASSOCIATION, INC. FOR
ASSISTANCE WITH THE PRESERVATION OF THE HAMMOCK AND
DEVELOPMENT OF AN ENVIRONMENTAL EDUCATIONAL VENTER AT
SIMPSON PARK, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, 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 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: We're now moving to item number 15.
Commissioner Gort: We're at 50.
Mayor Clark: Sir?
Vice Mayor Plummer: What's item 15?
Mayor Clark: This item is to approve the purchase of real property.
Vice Mayor Plummer: I'll be right back. Wait, wait. I want... I got to ga. I'll be right back.
Give me two minutes.
THEREUPON THE CITY COMMISSION WENT INTO A
BRIEF RECESS, AFTER WHICH THE COMMISSION
MEETING WAS RESUMED, WITH ALL MEMBERS OF THE
CITY COMMISSION FOUND TO BE PRESENT.
105 July 13, 1995
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Mayor Clark: Hey, Julius. We got to get some support here. Hey, Julius.
--------------------------------------------------------------------------
44. INSTRUCT MANAGER TO SEND STRONGLY -WORDED LETTER TO THE
HOMELESS TRUST OBJECTING TO ITS FUNDING OF ANOTHER
HOMELESS FACILITY IN THE CITY OF MIAMI.
--------------------------------------
--------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Manager, did you send someone to the July the 7th meeting of the
Homeless Trust?
Mr. Cesar Odio (City Manager): Yes, I did.
Vice Mayor Plummer: OIL. What happened? Mr. Mayor, just for your edification...
Mr. Odio: What happened on which issue?
Vice Mayor Plummer: Miller, you need... Miller, this is very important to you. There was an
item on the Metro agenda for opening up a second homeless center in the City of Miami on the
track that we turned down of the Salvation Army.
Mr. Odio: We went in there...
Vice Mayor Plummer: I sent that matter to the Manager and asked, and I'm now asking for a
report of what happened.
Mr. Odio: Every... They have had two meetings on that issue. On both issues, I sent Sergio
Rodriguez with instructions to oppose it. We were the only negative vote there. We understand
though, as the Trust presented to us, that the neighbors have made a deal with the Trust, and that
it's not a center, that they're now going to have little apartments or efficiencies in there. We...
All we could do was... We only had one vote. We voted against it.
Vice Mayor Plummer: Well, Mr. Manager, what about the scenario... This is not the same thing
here, Mayor. There was to be no other center opened in the City of Miami...
Mr. Odio: That's our position.
Vice Mayor Plummer:... until all the other... We need to file a lawsuit.
Mr. Odio: No, sir, because this one is technically, the way they are building the thing, not not a
center, not a homeless center. So you better get all the facts before you go filing a lawsuit.
Vice Mayor Plummer: Well, why would the Homeless Center Trust be the ones that are
negotiating...
Mr. Odio: Because they wanted monies from the Trust. They are asking for monies from the
Trust. The Trust is not building a HAC (Homeless Assistance Center) there. They are asking
to...
Mayor Clark: Is that the one we turned down, down on the river?
106 July 13, 1995
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Vice Mayor Plummer: That's correct, sir.
Mr. Sergio Rodriguez (Assistant City Manager): What is...
Mr. Odio: Yes. They had specific instructions to oppose this, and we lost.
Mr. Rodriguez: What is the question? I'm sorry, I was outside.
Vice Mayor Plummer: Why are we getting saddled with another homeless center in the City of
Miami?
Mr. Rodriguez: If you are referring to the case that came before you recently...
Vice Mayor Plummer: The Salvation Army.
Mr. Rodriguez: The Salvation Army. What happened is they are not having a homeless center.
The... There was an agreement made between the property owners and the Salvation Army and
the people from Northwest Dade Center by which the new applicants, the developers would
build apartments with kitchens and bathrooms like anybody else. It would be...
Vice Mayor Plummer: For the homeless.
Mr. Rodriguez: ... would be open to the homeless. We opposed...
Vice Mayor Plummer: See, they hoodwinked us.
Mr. Rodriguez: We went to the meeting, and we were the only vote against that proposal. But
in reality, Commissioner, legally, if they apply for an apartment building, they would be treated
like anybody else, and that's what they did. They converted the facility from being a halfway
house into an apartment building.
Vice Mayor Plummer: You know, call it what you may. We had a total agreement with those
people...
Mayor Clark: Absolutely.
Vice Mayor Plummer: ... that no other facility for the homeless would be put into the City of
Miami until all three were completed, one in the City and two outside of the City. Now, you can
call it what you may - OK? but if the Homeless Trust is supporting financially that issue, to me,
that is another facility in the City of Miami, and that, to me, is unfair. Now, I don't know what
course of action this Commission can take or not take, but I'll tell you something, if we don't
stop it here, there's going to be no stopping it anywhere.
Mr. Rodriguez: OK. Let me clarify. Again, at the meeting, I was the only dissenting voice
going against the proposal, and representing the Manager in that position. You have to
remember that there is a difference between the Partnership for the Homeless, which is the
applicant that came here before the City...
Vice Mayor Plummer: I hear you.
Mr. Rodriguez: ... proposing the HAC, the Homeless Assistance Center, and that's the one that
made the commitment with you to build the second facility in South Dade, in Homestead, which
is the one that is being processed. That facility will be open... Our facility in the City will be
open somewhere in September, I understand, and that's the commitment that you got from them,
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that there would be no other Homeless Assistance Center to take homeless from the street or -
that's the first stage of the shelter - until the other facility would be built. Separate from that,
there are many other facilities built throughout the region, including the City of Miami. We... In
the meeting that we had prior to this, I presented the position of the City objecting to the facility
that they_ were proposing, because it was a halfway house in our definition, and that we would
oppose that. Based on that, what they did, they changed the proposal, and they built an
apartment building, which they have every right in the world to do. The only thing that I think
you can affect is that you can send a message to the Homeless Trust, which is the one that is
giving them some funding, and express your concern that the Trust is financing facilities in the
City of Miami, and that you would prefer to make sure that there would be a fair distribution of
facilities throughout the region before any other facility of any kind serving homeless is located
in the City through the funding of the Homeless Trust.
Mayor Clark: Sergio, we've said that 10,000 times.
Vice Mayor Plummer: And now, they just got, after wanting five million ($5,000,000) from us
or from Omni...
Mayor Clark: They got big money.
Vice• Mayor Plummer: ... they got twelve million ($12,000,000) from the Federal government
the other day. And let me tell you, when that goes out over CNN, the first snow that hits up
north, we're going to have 2,000 more.
Mayor Clark: All right. Let's move forward. Thank you.
Vice Mayor Plummer: I would move, Mr. Mayor, what Sergio said, is that we send a strongly
worded letter...
Mr. Rodriguez: To the Homeless Trust.
Vice Mayor Plummer: ... to the Homeless Trust...
Mr. Rodriguez: About funding.
Vice Mayor Plummer: ... objecting to another facility being put into the City of Miami...
Mr. Rodriguez: Funded.
Vice Mayor Plummer:... which they are financially supporting. I move.
-Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
108 July 13, 1995
MOTION NO.95-526
A MOTION INSTRUCTING THE CITY MANAGER TO SEND A STRONGLY
WORDED LETTER TO THE HOMELESS CENTER TRUST OBJECTING TO ITS
FUNDING OF ANOTHER HOMELESS SHELTER FACILITY IN THE CITY OF
MIAMI.
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.
----------------------------------------------------------------------------------------------------------------
45. APPROVE PURCHASE OF REAL PROPERTY KNOWN AS: THE MIAMI
RIVERSIDE CENTER (OWNED BY FLORIDA POWER & LIGHT
COMPANY) AT 400 S.E. 2 AVENUE (2.09 ACRES), INCLUDING 10-STORY
OFFICE BUILDING AND SEVEN -LEVEL PARKING GARAGE
CONTAINING 500 SPACES, FOR $15,600,000 -- AUTHORIZE MANAGER
TO EXECUTE PURCHASE AND SALE AGREEMENT -- ALLOCATE
FUNDS FROM CITY OF MIAMI SPECIAL OBLIGATION BONDS, SERIES
1995 -- AUTHORIZE MANAGER TO OBTAIN PROFESSIONAL SERVICES
.IN CONNECTION WITH THE PERFORMANCE OF DUE DILIGENCE AT A
COST NOT TO EXCEED $100,000.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 15.
Vice Mayor Plummer:. One -five.
Mayor Clark: Approving the purchase of real property consisting of approximately two point
nine (2.9) acres.
Vice Mayor Plummer: One -five.
Mayor Clark: Ten -story office building, seven -level parking garage, containing 500 parking
spaces, commonly known as the Miami Riverside Center. Do you want to speak? Do you want
to speak?,
Mr. Manuel Gonzalez-Goenaga: If I am allowed to.
Mayor Clark: Two minutes. You're on.
109
July 13, 1995
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. My address is 7A69
Southwest 14th Street, once in a while. My summer home are two jails, the Dade County Jail
and the misdemeanor jail.
Mayor Clark: Well, you're saving us money.
Mr. Gonzalez-Goenaga: Well, you should be aware of everything. And now, as a way in having
a meaning of introduction, how can we purchase more property, my dear Commissioners, if we
do not know how to administer the ones that we already have? I refer this Commission to many
editorials ran by the Miami Herald regarding the asset management, how we have dealt with the
marinas, how we have dealt with many properties that we have had, losing propositions. Again,
how we have dealt with the Gusman Hall, with the Miami Artime, there is something terribly
wrong. And during your campaign, Mr. Mayor and Mr. Gort, you said that you were going to
give a strong effort to manage what we have. How can... If we do not know how to manage
what we have, how can we expect to manage a new thing? Let me tell you something. There is
no money for the homeless, there is no money for the agencies, there is no money for anything
except cellular phones, high salaries from the top down, and then to finish, we deserve the
government that we have.
Mayor Clark: You have 30 seconds.
Mr. Gonzalez-Goenaga: Well, with the 30 seconds, I am asking for the help of the Salvation
Army...
Mayor Clark: OK.
Mr. Gonzalez-Goenaga: ... to protect me against the "blue brothers" of the City of Miami, the
rapid defense brigades dressed in blue of this Administration. Thank you very much.
Mayor Clark: All right.
Mr. Cesar Odio (City Manager): Mr. Mayor, I... After lengthy negotiations, we are here to
recommend that we finally have one Administration building where we can bring all the City
staff to. The efficiency alone that we're going to have there will be incredible. We have
presented to you a packet on all the numbers, but I want to... I'd like to put on the record...
"Mike Cannon, are you here? He's our expert consultant who facilitated the appraisals with the
appraisers and have been advising us all along, and I think that you would be pleased with his
recommendation. But we certainly recommend that we go ahead and purchase this building
today.
Mayor Clark: All right. Any questions of this gentleman?
Vice Mayor Plummer: Mr. Mayor, I think that you have to put on the record a number of things,
because, you know, we're being watched by television.
Commissioner Gort: I think he's going to make a presentation.
Vice Mayor Plummer: Is he... Are you going to make a presentation?
Mr. Mike Cannon: Yes, sir.
Mr. Odio: I would like to.
110 July 13, 1995
Vice Mayor Plummer: Fine.
Mr. Cannon: Mr. Mayor, Honorable Commissioners, I've been retained by the City of Miami to
do a multiple facets study relating to the Florida Power and Light headquarters, also known as
Miami Riverside Center. In addition to reviewing the appraisals and the supplement appraisals, I
have rendered an independent professional opinion relating to the value and the price that Mr.
Odio negotiated on the property. For the record, my name is Michael Y. Cannon. I'm president
of Appraisal and Real Estate Economics Associates. I'm an MAI, SRA, CRE. I have a very
large real estate appraisal consulting firm, and my other firm, we manage a portfolio for a
foreign investor of properties in excess of five hundred million dollars ($500,000,000)
throughout the United States. So I have considerable experience in connection with this. I'm
also a Coconut Grove resident.
Vice Mayor Plummer: Do you pay for commercials?
Mr. Cannon: No, sir. The property... They asked me to do multifaceted. Number one, the
property is the former administrative building for the Florida Power and Light (FPL). It is in a
park setting. It is located...
Commissioner Dawkins: Has it ever been occupied by Florida Power and Light as an office
building?
Mr. Cannon: Yes, sir.
Commissioner Dawkins: It was, and they moved out?
Mr. Cannon: They are... They moved out to consolidate their facilities on Flagler Street over
the last several months. The building originally...
Commissioner Dawkins: It was fully occupied by Florida Power and Light.
Mr. Cannon: Yes, as a single tenant.
Vice Mayor Plummer: That's not true.
Mayor Clark: Let him make his presentation, please.
Vice Mayor Plummer: Go ahead, go ahead.
Mayor Clark: Geezl
Vice Mayor Plummer: I'm not putting it on...
Commissioner Dawkins: Yeah, but I mean, whether it's true, I mean...
make... Nothing. Go ahead.
You know he doesn't
Mayor Clark: I think you can ask the questions after. You're interrupting the presentation and
then there's no continuity.
Commissioner Dawkins: OIL, no problem. Go right ahead.
Mr. Cannon: The purchase price is fifteen million dollars six hundred thousand ($15,600,000),
includes a lot of personalty that cost Florida Power and Light in excess of one million dollars
($1,000,000). Florida Power and Light's original investment in the property was in excess of
111 July 13, 1995
forty million dollars ($40,000,000),. It is a Class A building, it's on a five point one (5.1) acre
parcel, and it would serve the facilities of the City of Miami. I've also had the opportunity to
review cost benefits by consolidating various departments into the building, and the City of
Miami would save substantial dollars by putting it under one centralized building. A property of
this type comes around every 20 years, and if the City of Miami didn't buy it, there would be
other single -tenant users for a building of that type, because Florida Power and Light, who has
asked twenty-two million dollars 022,000,000) for the property would most likely sell it to
someone else if the City didn't buy it. Based upon the due diligence that we've done to date, and
the work that has been performed, you got one heck of a deal.
Mayor Clark: All right. Now, questions of the Commission of this gentleman.
Vice Mayor Plummer: Mr. Mayor, I have no questions. I want to put something that I think is
important on the record. There's a number of things that have to be... other considerations than
just this. For example, I think the public needs to know, as well as anyone else, as soon as the
Manager calms down.
Mayor Clark: Well, let him handle those other meetings outside, J.L.
Vice Mayor Plummer: I have no problem with that. Mr. Mayor, there's two things that's got to
be known. Number one is that the present Administration Building, which all of our people will
be coming out of and going over to this facility, will be, later on today, discussed, as far...
Unidentified Speaker: No, not today.
Vice Mayor Plummer: OK, not today. It will be vacated, and it will be negotiated for a scenario
that the Manager has put together. Number two, I think the public needs to know that our very
dear friend, Mr. Skippy Shepherd, at the present time, we're taking a hundred and twenty, thirty
thousand (120,000 - 130,000) square feet there at that building now, and that, in fact, we're
paying in excess of a million dollars ($1,000,000) rental there. It has served this City well, but
that will all be taken out, and we will be putting more for the benefit of the people of this
community where they can go to the basic City of Miami under one roof. That is the real issue
here, that you can go there for the Building, you can go there for the Fire Administration, all of it
will be combined under the one roof. We will be getting rid of the million dollar ($1,000,000)
rent a year. We will be getting rid of the Administration Building and some other very key
scenarios that will be very advantageous for the City's position. The only reason that I see here
is that we should buy this property, and hopefully, what we're spending in rent receipts, we will
be putting towards the ownership of the City.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, my understanding is - and I agree with J.L. Plummer - what
we're paying for rent will be sufficient to create the funding for the debt services to pay for the
bonds to buy the building. At the same time, my understanding is if we were to build a similar
facility, the estimate I received from some other individuals in the private sector, it's around
twenty million dollars ($20,000,000), if we were to build a new facility there. My understanding
is that facility is fairly new. I've been there. I think it's great, and we have a commitment to
centralize all our services within one unit, and we have a commitment to stay in downtown
Miami.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir, Mr. Dawkins.
112 July 13, 1995
w 91
Commissioner Dawkins: The Florida Power and Light Building is 200,000 square feet. Fifteen
thousand square feet is approximately common area. Therefore, to move into the Florida Power
and Light Building, you will need enough personnel to operate - to occupy 185,000 square feet.
J.L. Plummer just told you the footage being leased by the Bayfront - at the DuPont. With
down -sizing, retirements, reorganizations and consolidations, what is the total number of
employees housed in the DuPont today?
Mr. Odio: The DuPont?
Commissioner Dawkins: Yes.
Mr. Odio: We are renting 113,000 square feet.
Commissioner Dawkins: How many...
Commissioner Gort: Excuse me, I'm sorry. Commissioner Dawkins, before - would you allow
me to interrupt you for a minute? I need to ask a question of the attorneys. The firm that I own
in the past has done - has been part of an underwriting team that has done some negotiations in
the past with FP&L. Would I have a conflict of interest in participating in this?
Vice Mayor Plummer: Say again?
A. Quinn Jones, III, Esq. (City Attorney): No, Commissioner, you don't...
Vice Mayor Plummer: I'm sorry. I missed...
Commissioner Gort: My question is, my company has been part of an underwriting team that
has done bond issues for FP&L in the past, and I want to know if that would be a conflict of
interest.
Vice Mayor Plummer: OK. You're asking whether or not you have a conflict?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Thank you.
Mr. Jones: Commissioner Gort, you don't have any conflict of interest in participating in this.
Commissioner Gort: OK. Thank you.
Commissioner Dawkins: OK.
Mayor Clark: Have you got an answer?
Mr. Odio: We have 300 at the DuPont Plaza.
Commissioner Dawkins: How many?
Mr. Odio: 260 at the DuPont.
Commissioner Dawkins: Two hundred and sixty.
Mr. Odio: We have about three hundred and some...
113
July 13, 1995
OWN
Commissioner Dawkins: That's all right. All I need is what I just asked you.
Mr. Odio: OK.
Commissioner Dawkins: So what I'd like to know, what is magical about 185,000 square feet at
the Florida Power and Light Building?
Mr. Odio: What is your question, sir?
Commissioner Dawkins: What is magical? I have been here 13 years.
Mr. Odio: Yes, sir.
Commissioner Dawkins: This Commission did not authorize the purchase of the 4400 Building
when it came up. What's magical about the Du - about FPL? The CenTrust Building was
available. The City of Miami did not purchase that. What's magical about the...
Mr. Odio: Oh, I wanted to buy the CenTrust Building.
Commissioner Dawkins: Presently, the Commission, the Manager, his administrative staff, the
City Clerk, the Agenda Office and the Commission chambers are located in this Building at 3500
Pan American Drive, and will not move anyplace. So you do not need the Florida Power and
Light to house anybody in this Building. The Planning and Zoning Department is housed in the
Hickman Building. The Commission spent four hundred thousand dollars ($400,000) for
cosmetic changes to improve the work area, to reduce the stress factor. Many dollars have been
spent on the elevators, and now, you're going to move from this Building to the Florida Power
and Light Building and give this Building that you just spent over four hundred thousand dollars
($400,000) of the taxpayers' money on, and give it to the City - to the County for a dollar ($1) a
year so that we can move into the Florida Power and Light Building.
Vice Mayor Plummer: See, that's why you should have brought...
Commissioner Dawkins: I'd like to know - and I have it here - what is "value in use"? That's a
term that was used loosely, in my opinion, and according to the appraisal real property
guidelines, it says the present worth to a specific owner or user is the value of use. Florida
Power and Light is the owner. Therefore, I don't see how we can use value in use to appraise it.
You have two appraisals, one for fifteen thousand - fifteen million ($15,000,000), and one for
twelve million ($12,000,000). The com... If you - and J.L. Plummer said it - on every piece of
property that we buy, J.L. Plummer says take the lowest and the highest, add them together,
divide by two, and that's the selling price. So if we took twenty-seven million eight hundred and
sixty thousand ($27,860,000) and divided it by two, the price of that land, according to the
appraisals, is thirteen million nine hundred and thirty thousand. That's minus, again... And I
don't understand why you're doing this. The closing cost, which is two hundred and eight
thousand seven hundred and twenty-five dollars ($208,725) will be divided equally with each
party. So when you add a hundred and four thousand dollars ($104,000) to fifteen million
($15,000,000), you're up over fifteen million ($15,000,000) again. The City of Miami should
build a City administration building within the Government Center Complex. Why? First, we
own the land. There is no cost. The City of Miami has a piece of property at Northwest 2nd
Street and Northwest 2nd Avenue, and that's... The Government Center is there. It would be
accessible. The Florida Power and Light Company is located outside of that area. The City
Commission sits as a CRA (Community Redevelopment Agency) Board of Directors and is
charged with the responsibility of rebuilding and revitalizing the Overtown/Park West area.
How am I, as chairperson of the CRA, going to be able to go out and get developers to invest in
Overtown businesses or homeowners, when we, the City Commission, will not take twelve
114 July 13, 1995
million dollars ($12,000,000) and build a building, which you could do? For a hundred thousand
square feet, you can build it for a hundred thousand dollars, that's twelve - that's ten million
dollars ($10,000,000).
Vice Mayor Plummer: 'That's not true.
Commissioner Dawkins: Even if you went up to a hundred and twenty-five million dollars
($125,000,000) (sic) a square foot, you could build a hundred thousand square feet for a hundred
and thirty million - I mean for thirteen million dollars ($13,000,000). Now, sixteen million
dollars ($16,000,000) is being aired for the Florida Power and Light. By building the
administration building in the area, we, the Commission, would show our commitment to the
Overtown area. We would provide temporary construction ,jobs, build a building in an area
where none has been erected in quite some time, demonstrate to the area residents that the
Commission is sincere when it says, "We will do our best to revitalize the Overtown area." I
would say that we should build the building on the land that's owned by the City of Miami at
Northwest 2nd Avenue and Northwest 2nd Street. And to copy the words of Ann Marie Adker,
"And that is in Overtown. 'I Thank you.
Mayor Clark: Thank you. Mr. De Yurre.
Commissioner De Yurre: I have no problem.
Mayor Clark: What's that?
Commissioner De Yurre: I'm OK.
Vice Mayor Plummer: Well, my... Well, is he going to answer it? Because, I mean, you know,
there's got to be some things put on the record here to make things understood.
Mr. Cannon: Yes. Yes. There's three points. One was Commissioner Dawkins talked about the
value in use. The value in use is market value in this instance.
Commissioner Dawkins: No, it's not.
Mr. Cannon: Yes, it is, sir.
Commissioner Dawkins: No, sir.
Mr. Cannon: I've provided a definition to the City Attorney's Office in reference to that. I teach
real estate appraising. If there is a market, Mr. Dawkins, for single -tenant users, and that's why
there was a supplemental appraisal...
Commissioner Dawkins: The market is determined by...
Mr. Cannon: ... on the property...
Commissioner Dawkins: Wait a minute. The market is determined by if anybody wants to buy
it.
Mr. Cannon: If there's a market.
Commissioner Dawkins: If there's a market.
Mr. Cannon: Yes, sir.
115 July 13, 1995
W
4tl�x, t�`�`�t
Commissioner Dawkins: There is no market. There is no market.
Mr. Cannon: And there is a market for single -tenant users. The first appraisal of the properties
was based upon multi -tenants, where they would compete with the downtown business district
and the Brickell Avenue market, and they discounted for four years, tore the building apart, and
made it a multi -tenant building.
Vice Mayor Plummer: So what?
Mr. Cannon: The City then asked for a supplemental appraisal and said, "Is there a market for
single -tenant users?" I reviewed those reports. There is a market for it, and the average of those
two appraisals is sixteen million nine hundred thousand dollars ($16,900,000). I then did an
independent analysis and concluded that the value of that property, market value, value in use,
was in excess of sixteen million dollars ($16,000,000). The purchase price of that property is
fifteen -six, including about a million dollars of personal property that would... for the property
itself. And I delivered these definitions over there so... if you were to replace this property in a
like location - this is a Class A building, granite construction, ten stories, 500-car parking
garage the cost of that building to replace it would be in excess of twenty-five million dollars
dollars ($5 plus cost of reproducing the garage, which would be in excess of five million
Mayor Clark: He's right there.
Mr. Cannon: And that's not including the land.
Mayor Clark: Mr. Dawkins, just a moment.
Commissioner Dawkins: They... First thing, J.L., you're not living rent free. Later on this
afternoon, we will sell bonds to purchase the Florida Power and Light Building, or build a
building.
Vice Mayor Plummer: Not necessarily.
Commissioner Dawkins: Either way, you've got to sell bonds. So it's no rent free, the money
that you are paying rent to Skippy Shepherd will be used to retire the debt service on the bonds
that we sell. So there's no freebie. If you build, it's no freebie. If you buy, it's no freebie. The
second thing, sir, is I don't need a building like the Florida Power and Light, so don't tell me it
cosh twenty-two million ($22,000,0000). I need a simple administration building that can be
built for ten to twelve million dollars ($10,000,000 to $12,000,000). OK? That's for your
edification. OK? Thank you. I have nothing else to say, Mr. Mayor.
Vice Mayor Plummer: Mr. Mayor, I... You know, I voted with Commissioner Dawkins back in
the days when we talked about putting City Hall in Overtown, as a good faith gesture, and there
was no question, we attempted to do that. The problem is that basically, the voters turned it
down. But I very clearly, clearly remember Mr. Bailey standing at that microphone, instructing
this City Commission for 150,000 square feet, without a parking garage, was going to cost the
City, on City -owned land, nineteen million dollars ($19,000,000). And if we wanted to put in a
parking garage, it was going to be an additional two milllion dollars ($2,000,000) or twenty-one
($21,000,000). There was a time I was trying to get the Administration to buy the DuPont
Building, which we could have bought at that time for eight million, of 250,000 square feet.
Until my dying day, I'll say that it's the biggest mistake this City ever made. But when we
talked about putting it in Overtown, Mr. Bailey, the record will reflect, stood at that microphone,
spoke of nineteen million dollars ($19,000,000) for the building they were proposing of 155,000
square feet and two million... Mr. Bailey?
116 July 13,1995
- Commissioner Dawkins: You know, and also, while you're there, Mr. Bailey suggested that you
buy the CenTrust Building for thirty-four million dollars ($34,000,000), and you didn't buy that,
but now all of a sudden, we're going to go back and put Bailey as an expert.
Vice Mayor Plummer: Well, nobody ever accused him of that.
Mr. Herb Bailey (Assistant City Manager): I would just like to make a clarification. On the first
estimate that we made, at the time that we were talking about building a facility at the site that
Mr. Dawkins is talking about, we were including much more than just a simple office building.
That included space for Commissioners, the Manager, and Commission Chambers...
Vice Mayor Plummer: But was it not basically 150,000 square feet; was that correct?
Mr. Bailey: It was... At the time, that's what we figured we needed, because the staff had not
been reduced.
Vice Mayor Plummer: Right.
Mr. Bailey: At the moment, and I'm not a part of this discussion, but I believe our needs, as you
have indicated to us in many occasions, that you do not desire to have the City Commission
Chambers there, you do not desire to have the Manager's office there, or the Clerk. Considering
reducing that number of personnel, plus the amount of personnel that you have already reduced
in the past year or so, you don't need as much space. Therefore...
Vice Mayor Plummer: Mr. Bailey, can I ask a simple question?
Mr. Bailey: Yes.
Vice Mayor Plummer: Was it 150,000 square feet?
Mr. Bailey: It was...
Vice Mayor Plummer: Was it nineteen million dollars ($19,000,000), and was it two million
dollars ($2,000,000) for the parking garage? Without going around the mulberry bush, of who
would walk through the door?
Mr. Bailey: Well, we did not include the parking garage because we had one.
Vice Mayor Plummer: We did not, but it was...
Mr. Bailey: No.
Vice Mayor Plummer:... you estimated it to be another two million dollars ($2,000,000).
Mr. Bailey: If you needed another parking garage.
Vice Mayor Plummer: So it was twenty-one million dollars ($21,000,000) or more.
Mr. Bailey: Well, that was what came in from a consultant.
Vice Mayor Plummer: OK. But that's the numbers you used before this Commission.
Mr. Bailey: That was the number that we were using.
117 July 13, 1995
Vice Mayor Plummer: OK, yeah.
}
Mr. Bailey: But it was more than just a simple building. It had more things in it than what
you're considering now.
Vice Mayor Plummer: Yeah, OK. I remember very, very well. And the the CenTrust Building,
I think we have to remember, was turned down by Fanjul at forty-eight million ($48,000,000),
and was sold to the Winthrop at fifty-four million ($54,000,000) on the first blush. Nobody ever
really knew the full text of the CenTrust Building, which is... will be completed... When
Winthrop sells it, RTC gets 20 percent of the profit made. So these are the problems that I think
that we have to look into. I think we need a building. I think we need a facility. I think that
barring the fact that they wouldn't buy the DuPont Building, this is the best deal around.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: There's two points I would like to clarify. Since the statement was made
... that when you and I were campaigning, we made some promises that we were going to be...
manage our assets as best as possible. I think that in the 18 months that we have been here,
we've done a pretty good job in doing that. At the same time, my understanding also is not only
that we are we going to have our staff in there, but also, my understanding is I'm going to be
talking to DDA (Downtown Development Authority) and bring it to the DDA's Board, and DDA
and some of the other agencies that are now renting some other space might be moving into this
Building, where we will be able to concentrate all the agencies and all the services the City
provides within one building. About the payment, yes, you have to pay rent, but I'd rather pay
rent and own the building than pay rent to someone else and never own the building. It's like
renting or owning. At this time, we're going to be using the same amount of money that we pay
for rent today, and my understanding is that's the same amount of money we're going to use for
the debt service of the building.
Mayor Clark: All right. Any further discussion? Let me have a position.
Vice Mayor Plummer: Mr. Mayor, I'll move that we proceed with the Administration's
recommendation to acquire, if possible, the FP&L Building at Riverside.
Mayor Clark: Is there a second to the motion?
Commissioner Gort: Second.
Vice Mayor Plummer: Mr. Mayor, I want to make sure that everything contained in this blue
book...
Mayor Clark: Yes.
Vice Mayor Plummer: ... which is now a part of the record, is involved in everything that is on
the record here today, that in that building goes one of the finest security systems in the world,
that all of the restaurant equipment stays in that building, that all the gymnasium equipment that
is presently there stays in that building. All of that is contained in this blue book, and as far as
I'm concerned, everything contained here is part of my motion that must be included in any
acquisition.
118 July 13, 1995
Mayor Clark: On the motion, discussion, Mr. Dawkins.
Commissioner Dawkins: No, no discussion.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: No discussion?
Commissioner De Yurre: Mr. Mayor, just a quick question. Cesar, who created this booklet?
Mr. Odio: Christina Cuervo.
Commissioner De Yurre: OK. Well, I haven't said anything during the course of this either,
because everything that needed to be known about it was in this book, and I want to congratulate
her for putting it together. I'm all in favor of this, and it's long overdue that we get this building.
Vice Mayor Plummer: Well, I hope you're not chastizing me for being overly productive in my
thoughts. You know, that blue book, people watching on television don't have. And I think they
have a right to know what the whole total picture is.
Mayor Clark: Let me tell you - and I haven't said a word up to this time - being a general
contractor in this community for almost 40 years I know what it costs to build. And if you had
to build that building today, as is, and I'm not talking about the land, that building would
probably run you thirty-five million dollars ($35,000,000) today, not with the amenities inside,
all this kitchen equipment and everything else. That's what it would cost you today. So if you
think you're getting a bargain, fine. If you don't think you're getting a bargain, then it's the
other position. But that's exactly what it would cost you today. You can't shave those prices
any more than you can right at the present time. I'm going to call for a motion. I'm going to
call...
Vice Mayor Plummer: I've already made it.
Mayor Clark: I'm going to call for the roll call at the present time, Mr. Clerk. Call the roll.
119
July 13, 1995
u
111viv
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-527
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE PURCHASE, OF
REAL PROPERTY CONSISTING OF APPROXIMATELY 2.09 ACRES INCLUDING
A TEN STORY OFFICE BUILDING, AND A SEVEN LEVEL PARKING GARAGE
CONTAINING FIVE HUNDRED (500) SPACES, COMMONLY KNOWN AS THE
MIAMI RIVERSIDE CENTER, OWNED BY FLORIDA POWER AND LIGHT
COMPANY, LOCATED AT 400 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA,
LEGALLY DESCRIBED AS TRACT 2 OF THE "RIVERSIDE PLAZA',
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 139, AT
PAGE 43 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
ADJACENT REAL PROPERTY CONSISTING OF TWO TRACTS OF
APPROXIMATELY 1.4027 ACRES AND 1.6117 ACRES, OWNED BY ALANDCO,
INC., WHICH ARE VACANT EXCEPT FOR LANDSCAPING AND TWO BOAT
DOCKING AREAS, LEGALLY DESCRIBED AS TRACTS 1 AND 3 OF "RIVERSIDE
PLAZA", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
139, AT PAGE 43 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AT
A PURCHASE PRICE OF FIFTEEN MILLION SIX HUNDRED THOUSAND
($15,600,000.00) DOLLARS; AUTHORIZING THE MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SPECIAL
OBLIGATION BONDS, SERIES 1995; AUTHORIZING THE CITY MANAGER TO
OBTAIN PROFESSIONAL SERVICES IN CONNECTION WITH THE
PERFORMANCE OF DUE DILIGENCE, AT A COST NOT TO EXCEED ONE
HUNDRED THOUSAND ($100,000.00) DOLLARS.
(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:
Vice Mayor Plummer: I just have... Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: The approval of this item here today, is that all that is necessary?
Mr. Odio: Yes, sir. We have... Yes, sir.
120 July 13, 1995
Vice Mayor Plummer: OK. You don't have to come back with anything...
Mr. Odio: No, sir.
Vice Mayor Plummer:... unless there's something awry.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: I vote yes.
Mayor Clark: Item number 59. Please, now, let's be quiet.
Vice Mayor Plummer: What item?
Mayor Clark: Item number 59.
Vice Mayor Plummer: Fifty-nine?
Commissioner Gort: How about the first ones?
Mayor Clark: Which ones? We took care of all those other things.
Vice Mayor Plummer: No, the nine o'clocks we didn't, because they were public hearings.
----------------------------------------------------------------------------------------------------------------
46. RATIFY MANAGER'S FINDING OF EMERGENCY REQUIRING
INCREASE ($10,000) IN CONTRACT WITH P.N.M., INC. -- FOR
WYNWOOD NORTHWEST 2ND AVENUE STREETSCAPE
IMPROVEMENT PROJECT B-3246 -- ALLOCATE FUNDS FROM CDBG
PROJECT 704203.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We took the one at... We took... Sixteen, we start at 16, J.L.
Mr. Cesar Odio (City Manager): Mr. Mayor, you can do 16 now, 16, 17 and so forth.
Mayor Clark: We voted on 16, didn't we?
Vice Mayor Plummer: No.
Mr. Odio: No, sir, we skipped it.
Vice Mayor Plummer: I move 16.
Mayor Clark: Is there a second?
Vice Mayor Plummer: It's a resolution.
Mayor Clark: Call the roll.
121 July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-528
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING AN INCREASE, IN AN AMOUNT
NOT TO EXCEED $10,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND P.N.M., INC., DATED APRI.L 14, 1994, FROM $295,375 TO
$305,375, FOR WYNWOOD NORTHWEST 2ND AVENUE STREETSCAPE
IMPROVEMENT PROJECT B-3246; ALLOCATING FUNDS THEREFOR AS
PREVIOUSLY APPROPRIATED FROM COMMUNITY DEVELOPMENT BLOCK
GRANT PROJECT NO. 704203.
(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.
----------------------------------------------------------------------------------------------------------------
47. RATIFY MANAGER'S FINDING OF EMERGENCY REQUIRING
INCREASE ($12,877) IN CONTRACT WITH MARIN & MARIN
CONSTRUCTION, INC. -- FOR MARINA IMPROVEMENTS MIAMI YACHT
CLUB - SECOND BIDDING PROJECT H-1068 -- ALLOCATE FUNDS FROM
CIP 311808.
----------------------------------------------------------------------------------------------
Mayor Clark: Item number 17.
Commissioner Gort: Move it.
Vice Mayor Plummer: Ah.
Mayor Clark: Listen, don't get seasick on us now, please. Second the motion.
Vice Mayor Plummer: I'll second it.
Mayor Clark: Call the roll.
122
July 13, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-529
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING AN INCREASE, IN AN AMOUNT
NOT TO EXCEED $12,877, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND MARIN & MARIN CONSTRUCTION, INC. DATED APRIL 15,
1994, FROM $290,253 TO $303,130, FOR MARINA IMPROVEMENTS MIAMI
YACHT CLUB - SECOND BIDDING PROJECT H-1068; ALLOCATING FUNDS
THEREFOR AS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11205, AS
AMENDED, FROM CAPITAL IMPROVEMENT PROJECT NO. 311808.
(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.
----------------------------------------------------------------------------------------------------------------
48. RATIFY MANAGER'S FINDING OF EMERGENCY REQUIRING
INCREASE ($32,000) IN CONTRACT WITH F & L CONSTRUCTION, INC. --
FOR ADDITIONAL IMPROVEMENTS IN DOWNTOWN STREET
IMPROVEMENTS - SIDEWALK REBUILDING PROJECT B-4570 --
ALLOCATE FUNDS FROM CIP 341135.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighteen.
Commissioner Gort: Move it.
Mayor Clark: Cast a unanimous ballot if there's no... Call the roll on these things.
Vice Mayor Plummer: Well, Mr. Mayor, I'm going to vote for it, and I'm in favor, but let me
tell you something. For whatever reason, this agenda is very...
Mr. Cesar Odio (City Manager): Yes, yes.
Vice Mayor Plummer: ... repetitive of everything being increased, increased, increased. That
eventually comes back to reflect that we didn't do things right in the first place. OK?
123 July 13, 1995
[DLYSt�.
l �
Mr. Odio: No. What happened... Commissioner, please let me explain. On the sidewalk
repairs, as we went along, we found more and additional work we needed to do.
Vice Mayor Plummer: OK. Mr. Manager, you know, there are those who are out there in the so-
called media who say that's called low -balling.
Mr. Odio: Yeah, but we...
Vice Mayor Plummer: And they get a bid, and they get it at a certain price, and then they give
them more money afterwards.
Mr. Jim Kay: No, no.
Vice Mayor Plummer: I'm just saying to you...
Mayor Clark: Why do we get involved in all this garbage?
Vice Mayor Plummer: That's the name.
Mr. Odio: I need to clarify that. It's not low -balling in this case.
Vice Mayor Plummer: I didn't say it was.
Mr. Kay: He kept to his bid prices. We asked him to do more work.
Vice Mayor Plummer: Excuse me. I'm not talking to this one issue. There's about five to seven
issues on this agenda that are increased in funding, increased in funding, and I'm saying...
Commissioner Gort: It should be explained.
Vice Mayor Plummer: OK? That there's got to be some more detailed instructions, because the
people sitting out there see, "Oh, you gave it to the low bidder, but now, you're going back to the
low bidder and giving him twenty-eight thousand dollars ($28,000) more." That has overtones
that can be misunderstood. I'm just saying that for the record, Mr.. Mayor.
Mayor Clark: All right, sir. Did we vote on 18?
Mr. Walter Foeman (City Clerk): No, we haven't.
Mayor Clark: Give me a motion.
Commissioner Gort: I moved it.
Vice Mayor Plummer: Eighteen.
Mayor Clark: Second. Cast a unanimous... No, read the... Call the roll.
124 July 13, 1995
y 4 ,
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-530
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING AN INCREASE, IN AN AMOUNT
NOT TO EXCEED $32,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND F&L CONSTRUCTION, INC., DATED SEPTEMBER 12, 1994,
FROM $368,800 TO $400,800, FOR ADDITIONAL IMPROVEMENTS IN
DOWNTOWN STREET IMPROVEMENTS - SIDEWALK REBUILDING PROJECT
B-4570; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED
BY ORDINANCE NO. 11205, AS AMENDED, FROM CAPITAL IMPROVEMENT
PROJECT NO. 341135; FURTHER RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S DECISION TO ALLOW F&L CONSTRUCTION, INC. TO
PROCEED WITH SAID ADDITIONAL IMPROVEMENTS.
(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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I'm voting yes, but it's another increase of thirty-two thousand
($32,000).
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Dawkins: On 19, 20, 21, 22, I'll be voting no, and the Manager...
Vice Mayor Plummer: Excuse me. They've been withdrawn.
Commissioner Gort: They're withdrawn.
Commissioner Dawkins: Mr. Manager.
125 July 13,1995
Mayor Clark: They've been withdrawn.
Commissioner Dawkins: But 19, 20... They've been withdrawn?
Mr. Cesar Odio (City Manager): I withdrew 19 and 20.
Vice Mayor Plummer: Nineteen, 20, 21, and 22 have been withdrawn.
Mr. Odio: I don't agree with that.
Mayor Clark: Please, now, wait just a moment now. Is 19 withdrawn?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you.
Mayor Clark: Is 20 withdrawn?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Yes.
Mayor Clark: Is 21 withdrawn?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Yes.
Mayor Clark: Is 22 withdrawn?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Yes.
Mayor Clark: Let's move to item 23.
- -- --------------------------------------------------------------------
49. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF A PLANETARY CAMERA FROM BELL & HOWELL --
ALLOCATE $10,500 FROM CIP 312018.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Is there a motion on 23?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: That's a sole source, huh?
Mr. Cesar Odio (City Manager): This is a planetary camera and I...
126
July 13, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-531
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE ACQUISITION OF A PLANETARY
CAMERA, FROM BELL & HOWELL AT A PROPOSED COST OF $10,500.00
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 312018, ACCOUNT CODE NO. 299401-850; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICE TO ISSUE
A PURCHASE ORDER FOR THIS ACQUISITION.
(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.
---------------------------------- -----------------------------------------------------------------------------
50. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF SERVICE AND EQUIPMENT FROM MOTOROLA, INC.
FOR RELOCATION OF FIRE -RESCUE DISPATCH CENTER TO MIAMI
POLICE DEPARTMENT HEADQUARTERS BUILDING -- ALLOCATE
$446,846 FROM CIP 312029.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 24.
Mr. Cesar Odio (City Manager): The reason this is sole source is because we have the 800
megahertz system with Motorola and...
Vice Mayor Plummer: That is without question, you have to use them. I move it.
Commissioner Gort: Second.
127
July 13, 1995
Y1
1
Mayor Clark: Call the roll.
Vice Mayor Plummer: We're roped in even though that they're not as good a company as they
used to be. We're still roped in.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-532
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE PURCHASE OF SERVICE AND
EQUIPMENT FROM MOTOROLA, INC., NECESSARY FOR THE RELOCATION
OF THE FIRE -RESCUE DISPATCH CENTER TO THE MIAMI POLICE
DEPARTMENT HEADQUARTERS BUILDING AT A PROPOSED TOTAL COST
NOT TO EXCEED $446,846.00; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 312029, ACCOUNT CODE
NUMBERS 299401-340 IN THE AMOUNT OF $297,315.00 AND 299401-840 IN THE
AMOUNT OF $149,531.00; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS PURPOSE.
(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.
128 July 13, 1995
lgvi l '>;
e
--------------------------------
................................................................................
51. APPROVE EMERGENCY ACTION -- WAIVE COMPETITIVE SEALED
BIDS -- APPROVE AWARD TO MOTOROLA, INC. (5580 N.W. 36 AVENUE,
FORT LAUDERDALE) -- FOR PROFESSIONAL SERVICES IN
CONNECTION WITH A FEASIBILITY STUDY FOR RELOCATION OF
CITY'S 80OMHZ RADIO COMMUNICATIONS SYSTEM FROM ITS
CURRENT LOCATION WITHIN THE MUNICIPAL SHOP TRACT --
ALLOCATE $55,960 FROM CIP 311018.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 26.
Vice Mayor Plummer: Twenty-five.
Mayor Clark: Twenty-five.
Vice Mayor Plummer: Well, here again, we're roped into Motorola whether we like it or not, or
whether they're the company they used to be or not. We have no choice, Mr. Mayor. I move it.
It's going to be possibly a million dollar savings by combining the two dispatches, if the
Administration does what they're supposed to do. So I move it.
Mayor Clark: Second. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-533
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY FINDING OF SOLE SOURCE; WAIVING THE
REQUIREMENT FOR COMPETITIVE SEALED BIDS AND APPROVING THE
ENGAGEMENT OF MOTOROLA, INC., ("MOTOROLA"), 5580 N.W. 36 AVENUE,
FORT LAUDERDALE, FLORIDA, TO CONDUCT A FEASIBILITY STUDY FOR
THE RELOCATION OF THE CITY'S 80OMHZ RADIO COMMUNICATIONS
SYSTEM FOR THE DEPARTMENT OF GENERAL SERVICES/SOLID WASTE,
COMMUNICATION SERVICES DIVISION, AT A TOTAL PROPOSED COST OF
$55,960 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN A FORM ACCEPTABLE WITH THE CITY
ATTORNEY, WITH MOTOROLA FOR THIS PURPOSE; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE
NO. 429402-340, PROJECT NUMBER 311018; FURTHER AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THESE SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
129 July 13, 1995
A
r
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.
------------------------------------ ---------- --------------------------------
52. RATIFY MANAGER'S ACTION UNDER A HURRICANE EMERGENCY
SITUATION REQUIRING INCREASE ($44,421.96) IN CONTRACT WITH
MARINA POWER COMPANY, INC. -- FOR REPAIR / REPLACEMENT OF
HURRICANE -DAMAGED ELECTRICAL / FIRE PROTECTION
EQUIPMENT INSTALLED ON DINNER KEY MARINA PIERS, PROJECT H-
1003 (CIP 414410) -- ALLOCATE FUNDS FROM FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR HURRICANE ANDREW DISASTER
RECOVERY.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Twenty-six has been passed.
Mayor Clark: Twenty-seven. We've already passed on 26. Twenty-seven.
Mr. Cesar Odio (City Manager): These are FEMA (Federal Emergency Management Agency)
funds for repair and replacement of hurricane -damaged electrical and fire protection equipment
at Dinner. Key Marina piers.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
130 July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-534
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION
UNDER A HURRICANE EMERGENCY SITUATION REQUIRING AN INCREASE,
IN AN AMOUNT NOT TO EXCEED $44,421.96, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA, AND MARINA POWER COMPANY, INC.,
AUTHORIZED BY RESOLUTION NO. 92-738, FROM $601,988.00 TO $646,409.96
FOR REPAIR OR REPLACEMENT OF HURRICANE DAMAGED ELECTRICAL
AND FIRE PROTECTION EQUIPMENT INSTALLED ON THE DINNER KEY
MARINA PIERS, PROJECT H-1003, CAPITAL IMPROVEMENT PROJECT NO.
414410; ALLOCATING FUNDS THEREFOR FROM FUNDS AVAILABLE FROM
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR HURRICANE ANDREW
DISASTER RECOVERY.
(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.
None.
131 July 13, 1995
................. -------------------------------------------------------------------
53. AUTHORIZE MANAGER TO REALLOCATE $1,050,000 IN UNEXPENDED
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FUNDS FROM: CITYWIDE SINGLE FAMILY HOUSING
REHABILITATION LOAN PROGRAM REVENUE ACCOUNT TO: CDBG
PROJECT LAND ACQUISITION -- TO SATISFY OUTSTANDING
MORTGAGE WITH DEPARTMENT OF OFF-STREET PARKING FOR
PURCHASE OF SIX VACANT PARCELS AT 1435, 1453 & 1461 S.W. 8
STREET -- FOR USE IN LATIN QUARTER SPECIALTY CENTER
PROJECT -- SUBMIT TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AMENDMENT TO 21ST CDBG FINAL
STATEMENT -- AUTHORIZE CITY ATTORNEY TO PROCEED WITH
CLOSING OF REAL ESTATE PURCHASE. (See label 93)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 28.
Vice Mayor Plummer: Where are you acquiring that property? I guess it needs to be... Mr.
Mayor, we've had a lot of problems. In some cases...
Mr. Cesar Odio (City Manager): These are six vacant parcels located at 1435, 1453, and 1461
Southwest 8th Street for the development of the Latin Quarter Specialty Center Project in the
Little Havana neighborhood.
Vice Mayor Plummer: So this is not for housing?
Mr. Odio: The intention here is to place housing in there.
Mr. Jeff Hepburn: Housing and commercial retail.
Mr. Odio: Commercial. It's a mix.
Commissioner Gort: My understanding, J.L., this... I was the chairman of the Off -Street
Parking at the time when we asked the City to buy this property in order to do the commercial,
the... what you would call as the mini Hispanic Bayside, office and residential.
Vice Mayor Plummer: Willy, my question is if it's going to be commercial, which all of
Southwest 8th Street is zoned...
Mr. Odio: You have commercial underneath and apartments, and it makes... And it will
hopefully bring people to live there.
Vice Mayor Plummer: It doesn't say that, Mr. Manager. OK?
Mr. Odio: Put it on the record.
Vice Mayor Plummer: OK?
Mayor Clark: I thought nobody was going to talk today.
Vice Mayor Plummer: They're not. They're just making the record established.
132 July 13, 1995
"big'
u
040
Mayor Clark: Well, what the hell is going on? It must be superfluous brain transmission. Let
me have a motion on 28.
Vice Mayor Plummer: That's from the FP&L building.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-535
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $1,050,000 FROM THE CITY'S HOME INVESTMENT
PARTNERSHIP PROGRAM (HOME PROGRAM) FOR THE PURPOSE OF MAKING
PAYMENT AND TO SATISFY THE OUTSTANDING MORTGAGE WITH THE
CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING, FOR THE
PURCHASE OF SIX (6) VACANT PARCELS LOCATED AT APPROXIMATELY
1435, 1453 AND 1461 SOUTHWEST 8TH STREET FOR USE IN CONNECTION
WITH THE LATIN QUARTER SPECIALTY CENTER PROJECT; AUTHORIZING
THE CITY ATTORNEY TO PROCEED TO CONSUMMATE THE CLOSING OF
THIS REAL ESTATE PURCHASE TRANSACTIONS.
(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:
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
None.
None.
133
July 13, 1995
54. RATIFY MANAGER'S -WAIVING -OF COMPETITIVE SEALED BIDS -FOR -
EMERGENCY REPAIR OF COLLISION -DAMAGED FIRE -RESCUE
VEHICLES -- ALLOCATE $75,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: On 29, before we hear this, would somebody up here or somewhere
tell me why is it that you got to have... you can't get bids on damaged vehicles?
Commissioner Gort: On the trucks.
Ms. Judy Carter: Yes, sir. I can address that.
Mayor Clark: All right, please.
Ms. Carter: Yes, this is the repairs. I know a little bit about it. Sir, what we're attempting to do
here is that oftentimes, when we have a need for the repair of fire vehicles, the cost exceeds
forty-five hundred dollars ($4,500). When that happens, then we literally have a truck that will
basically not be on the street, available for use, waiting until such time as there is an approval by
this City Commission. What we are requesting is that we not formally bid these items, but we
still secure written and formal quotes each time we need a repair of a particular truck so that as
we obtain those quotes and award to the lowest bidder, we are, in fact, in a position to actually
have those repairs done. I assure you that each and every time that there is a repair made that my
staff will be responsible for securing written quotes for those particular repairs.
Mayor Clark: That sounds fair.
Vice Mayor Plummer: Why do we have a fire garage?
Ms. Carter: We are asking that you allow us an annual amount of seventy-five thousand dollars
($75,000) with a total estimated cost that may exist for any and all repairs to the various fleet
vehicles that currently exist.
Mayor Clark: Any questions now?
Commissioner Gort: I have a question.
Ms. Carter: Yes, sir.
Commissioner Gort: What does the fire garage do? The fire garage, what do we do? What kind
of service do we provide?
Vice Mayor Plummer: Spend millions over there.
Mr. Odio: Every maintenance item that you can do to a truck, overhauling of engines,
complete... This is physical outside bodywork.
Chief Tracy Jackson: We're not set up in the fire garage, Honorable Commission, to do large
scale body repair to fire apparatus that are quite large, average of 30 foot in length. What we're
set up to do, as the Manager indicated, is work on any internal process that happens to break
down, pumps, engines...
134 July 13, 1995
J i
Mr. Odio: Let me say this...
Commissioner Gort: I got that. This seventy-five thousand dollars ($75,000) you're talking
about, what kind of - give me an example of... What kind of cases would that be?
Chief Jackson: OK. A rescue truck gets in an accident. The frame is bent, several
compartments are damaged. That truck needs to go have the truck completely pulled apart, all
the compartments straightened and the frame straightened. They need heavy duty dies, presses,
pulls. That repair job will cost upwards of eight thousand dollars ($8,000), and it's going to take
four people almost a week to get it completed. We don't have that kind of staff or that kind of
equipment.
Commissioner Gort: OK.
Mr. Odio: Let me point out, Commissioner, a Quint, one Quint costs five hundred thousand
dollars ($500,000) to replace. So seventy-five thousand ($75,000)... This is more than one
truck.
Chief Jackson: That's correct.
Mr. Odio: This is required for the whole fleet.
Chief Jackson: That's the fleet for the year.
Mr. Odio: This is the fleet repair for the year on bodywork.
Ms. Carter: In other words, we would not exceed...
Mr. Odio: One mechanic would cost you that much.
Commissioner Gort: Well, what we're saying is not to exceed, and you will get three bids for
every one of them.
Mr. Odio: Sure.
Ms. Carter: Absolutely. My office will be doing that, sir.
Mayor Clark: Is there a motion?
Commissioner Gort: I move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Yeah.
Mayor Clark: Call the roll.
135 July 13, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-536
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION
IN WAIVING COMPETITIVE SEALED BIDDING PROCEDURES FOR
EMERGENCY REPAIR OF COLLISION DAMAGED FIRE -RESCUE VEHICLES
FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL ANNUAL AMOUNT
OF $75,000.00; ALLOCATING FUNDS THEREFOR FROM THE SELF INSURANCE
TRUST FUND OR THE DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING
FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE
AS NEEDED.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
55. EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE) -- INCREASE APPROPRIATIONS
($80,000) FOR PROJECT 313239: NEW FIRE STATION #12 -- DECREASE
APPROPRIATIONS ($80,000) PREVIOUSLY APPROVED FOR VARIOUS
TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS.
Mayor Clark: Item 30.
Vice Mayor Plummer: What is the... I don't understand the wording, "new.
Mayor Clark: Did we move on this before? Did we pass 30 before?
Commissioner Gort: No.
Mr. Cesar Odio (City Manager): We do have an old one but...
Vice Mayor Plummer: We're going to have a new one and an old one?
136 July 13, 1995
Vice Mayor Plummer: OK,
Commissioner Dawkins: It's right behind Hadley Park.
Mr. Lee: Yes, sir.
Commissioner Gort: That's the one where you had the hotdogs. We moved it. Move it.
Commissioner Dawkins: Second.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Call the roll.
Vice Mayor Plummer: Now, just for the record, Mr. Mayor, please. Here's another bid that now
exceeds an additional eighty thousand dollars ($80,000) over the original contract which was put
out to the so-called low bidder.
Mr. Lee: Mr....
Vice Mayor Plummer: Wally, it's not this one individually. It's overall that this looks bad.
Mr. Lee: Mayor and Commissioners, well I must explain it then. OK?
Vice Mayor Plummer: Yep.
Commissioner Gort: Yes.
Mr. Lee: In the old building, when it was demolished, we found asbestos problems which
required a special contract with an asbestos removal firm.
Vice Mayor Plummer: Then somebody didn't do their job in finding out that it was there to
begin with.
Mr. Odio: When you break a wall apart, you may find asbestos, and that's when you've got to
deal with it in a separate issue.
Mayor Clark: All right. There was a motion. Did you get a roll call?
137 July 13, 1995
An Ordinance entitled
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 11205, AS AMENDED, ADOPTED NOVEMBER 17, 1994, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING
APPROPRIATIONS, IRi AN AMOUNT NOT TO EXCEED $80,000, FOR THE
CAPITAL IMPROVEMENT PROJECT ENTITLED "NEW FIRE STATION #12,"
PROJECT NO. 313239, AND BY DECREASING APPROPRIATIONS, IN AN
AMOUNT NOT TO EXCEED $80,000, PREVIOUSLY APPROVED FOR
VARIOUS TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
1•A: _ L
None.
Commissioner Victor De Yurre
Mayor Clark: Thirty-one is a companion.
Vice Mayor Plummer: Same thing.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second, with the same provisions as before.
Mayor Clark: Cast a unanimous ballot.
Mr. Walter Foeman (City Clerk): Sorry, Mr. Mayor. Second roll call. This is on an emergency.
Mayor Clark: All right.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Dawkins, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11281.
138
July 13, 1995
A
F
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: Thirty-two.
Vice Mayor Plummer: Where is Dan Dolan? He's the primary, in the middle here kind of guy.
OK. I just... Hey, I assured you and Don Bierman (phonetic) that this item would not come up
without you being here, so I'm just living up to my word.
Mayor Clark: Make a call.
----------------------------------------------------------------------------------------------------------------
56. AUTHORIZE INCREASE ($80,000) IN CONTRACT WITH HARRISON
CONSTRUCTION CORPORATION FOR CAPITAL IMPROVEMENT
PROJECT: NEW FIRE STATION NO. 12 (SECOND BIDDING), PROJECT B-
2990 (CIP 313239).
Mr. Walter Foeman (City Clerk): Thirty-one.
Mayor Clark: Cast a unanimous ballot. Motion and a second. Cast a unanimous ballot.
Vice Mayor Plummer: For what, Mr. Mayor?
Mr. Foeman: That was 31.
Vice Mayor Plummer: Oh, yeah. OK.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-537
A RESOLUTION, AFTER A DULY ADVERTISED PUBLIC HEARING,
AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $80,000.00, IN
THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA, AND HARRISON
CONSTRUCTION CORPORATION, DATED MAY 19, 1994, FOR THE CAPITAL
IMPROVEMENT PROJECT ENTITLED "NEW FIRE STATION NO. 12 (SECOND
BIDDING), PROJECT B-2990"; ALLOCATING FUNDS THEREFOR, FOR SAID
INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. 313239,
APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11205, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
139 July 13, 1995
Rq`f�.Papq
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.
57. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AFFIRM THAT THE P.U.N. ADOPTED PURSUANT TO RESOLUTION
79-301 SUPERSEDES UNDERLYING PLAT FOR SAME PROPERTY
RECORDED / ENTITLED: BAYSHORE VIEW -- DIRECT
ADMINISTRATION TO CONDUCT A MEETING BETWEEN MORTGAGEE
AND CITY'S LAW DEPARTMENT -- DIRECT ADMINISTRATION TO
COME BACK WITH A PLAN THAT IS ACCEPTABLE TO ALL PARTIES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-two, what is this all about now?
Mr. Jim Kay: We essentially here have...
Vice Mayor Plummer: You figure this one out.
Mr. Kay: The City has two documents, the underlying plat on the property in question, and the
PUN (Planned Unit Nature) documents, Planned Unit Nature Development. And there is some
confusion because the PUN document, which was the last one to be approved by the City back in
1980, is the one that the property owners developed by, and that's the one that we are saying
needs to be the controlling document in any future - existing or future development on that site.
Mayor Clark: All right. That doesn't tell me anything very much. What's your problem?
Mr. Al Gonzalez: My name is Al Gonzalez. I'm an attorney with offices at 2601 South
Bayshore Drive. I'm here representing my partner, Hank Adorno. My partner owns the property
adjacent to this property, and frankly, we received notice of this this week. We've had no
chance to talk to Mr. Dolan about what his plans are. We don't understand what this is doing to
us. We do have under this PUN an easement of ingress and egress to our property. We would
respectfully request a deferral so that we can meet with staff and with Mr. Dolan to see whether
this affects us and in which way it affects us. That's our...
Mayor Clark: Let me hear from Mr. Dolan.
Mr. Gonzalez: We also have some objection to it that I'd like to put on the record but...
Mayor Clark: Dan, I hope you understand this, Dan. Do you? Go ahead. For the record, your
name, please, sir.
140 July 13, 1995
,tl14
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441
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Mr. Dan Dolan My name is Dolan, Dan Dolan. I reside at 9241 Southwest 60th Court, Miami.
I'm the owner of property unit number 6 in the Gemini at Bayshore View and Development. I'm
a little surprised at Mr. Gonzalez' remarks because, frankly, this has been going on a number of
years. And when I finally did write to the Commission, I copied all of the Commissioners, and I
want to thank Commissioner Dawkins, Commissioner Gort, Commissioner De Yurre that, for
their personal response to my letter saying - encouraging staff to resolve this issue. It's a
technical thing. I think Mr. Kay explained it as adequately- as you. can in .a..short..period. I do
wish to clarify for the record a couple of items that happen to pertain to my unit 6 only, and that,
I would like to confirm that the City is using as a reference document of' the PUN as being the
drawing that I just reviewed with Mr. Kay, which is in the records as 01-4122-03-0010-5,
because through the period of time, these documents have become a little obscure. But I'd like
to note that on this document that there is no private road on unit number 6, and never was, and
that was what was approved by the Commission. There is a note of existing residence, which is
not addressed in the PUN, nor is it addressed in the subsequent things that have happened here. I
have assurances from the City Attorney, Assistant City Attorney, Ms. Maer, Miriam Maer that
the letter that I received restricting development to the existing residence is no longer an
operative document, and I would like to have assurances that that is the case. As I say, this has
drifted on for a number of years. The building has been torn down for a number of years.
There's no reasonable reason that we would be held to developing a building on an old site when
there's plenty... There's 15,000 feet on the site. As far as what I'm going to do with it exactly, I
don't know. But the idea of being confined to an old building that's been torn down, there's no
reason for it at this point in time that I'm aware of. So I would like that assurance. So outside of
that, I appreciate the City Manager... Excuse me. I also did get a response directly from Mr.
Odio, which I thank you very much. And I would like to - just to clarify that this is the
underlying operative document.
Vice Mayor Plummer: Well, if I could state for the record, I've been hearing this story for four
years. I'm still just as confused today as I was the first time I ever heard... You go to the... And
in... Somewhere, there's got to be, Mr. Mayor, there's got to be a solution to this problem.
Now, what do we do? How do we come about to make a solution so that nobody hurts? That's
the real bottom line, that nobody suffers because of an action of this Commission.
Mr. Kay: Mr. Mayor, this was a recommendation of the staff. Originally...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: Well, say that on the record.
Mr. Joel Maxwell (Deputy City Attorney): Well, let him... He's been told that.
Vice Mayor Plummer: All right? He is telling me for you to accomplish what you're trying to
accomplish that you've got to get the consent of the mortgagees on the rest of the property.
Now, I don't know if that's possible or it's not possible. You know, throw a big party,
everybody gets... And then you get the signatures of the petition. I mean...
Mr. Dolan: I'm not sure what he's saying I'm trying to accomplish.
Mr. Maxwell: No. What he's saying, what he... He's correct. The City Attorney is correct and
Mr. Plummer is correct. Because of the PUN, the Planned Unit Nature, the application that's
now over that property, it would require a joinder of everyone with an interest in it in order to
change the content and the aspects of it.
Vice Mayor Plummer: Let me ask another question.
141 July 13, 1995
1
Mr. Maxwell: That's why you would need those...
Vice Mayor Plummer: Joel, if he gets whatever it is he wants, how would it detrimentally affect
the others that are there?
Mr. Maxwell: Well, I can't answer that question with the information before us now.
Vice Mayor Plummer: Well, is there any... To your... Is there anything that would hurt these
other people or say, "I'm not going to sign because"? That, I guess, is the real question.
Mr. Maxwell: I understand there is some question regarding roadway, and common use of
roadways and so forth, and the impact it may have there...
Vice Mayor Plummer: Mr. Mayor, I would make a motion at this time that this matter be put
together for a meeting of the so-called mortgagees, the department, the Legal Department, and
come back to this City Commission, hopefully, with a worked out scenario that appeases
everybody, if that's possible, and if not, then come and give us the pluses and minuses. I would
so move at this time.
Mr. Dolan: Mr. Plummer, the matter has been going on now for several years, and I appreciate
what you're saying. If there is a subsequent action needed to be taken to formalize what I'm
requesting, I don't have a problem with the suggestion. I encourage it. There's nothing that
would preclude you proceeding with the recommendation the staff is making at this time to
move us along.
Vice Mayor Plummer: It's my understanding, Mr. Dolan, that that doesn't accomplish what you
want.
Mr. Dolan: Well, I think what the gentleman said was that I'm going to have to...
Vice Mayor Plummer: Yeah.
Mr. Dolan: ...that the PUN is going to have to go through some additional steps.
Vice Mayor Plummer: Oh, I wouldn't have any problem of... You know, because if you don't
get them all, you don't win. I would make a motion at this time that subject to you receiving all
of the signatures that are required by the City Attorney, your motion is approved. Yeah,1 got no
problem with that. And if you don't get them, then it's back in our lap again. That's all I'm
trying to... Yeah.
Mr. Cesar Odio (City Manager): I guess if you read the resolution which we had in the packet,
maybe... Will that be a solution?
Mr. Dolan: Yeah, I read it twice.
Mr. Maxwell: Yeah. Is it...
Mr. Odio: Can I read it again, just to see if that is a solution?
Mr. Maxwell: Is it acceptable to him?
Mr. Odio: A resolution affirming that the PUN adopted by the Miami City Commission,
pursuant to Resolution Number 79-301 on April 30th of 1979, supersedes the underlying plat for
the same property as recorded in platbook 110 at page 23, and entitled "Bayshore View."
142 July 13, 1995
Vice Mayor Plummer: That doesn't accomplish what he needs.
Commissioner Gort: That's all right, that's what he wants.
Vice Mayor Plummer: That's not what he... That doesn't accomplish what Mr. Dolan wants.
OK? As a matter... All that does is clarify for the record.
Mayor Clark: You know, you're not accomplishing a damn thing here today.
Commissioner De Yurre: Mr. Mayor.
Vice Mayor Plummer: That's why I tried to make the motion I did.
Commissioner De Yurre: Out of courtesy, I would like to just defer this until Adorno has a
chance to deal with the issue. That would be my motion if I were able to make one.
Mayor Clark: Let Don have a word. He hasn't... He's been very silent.
Mr. Don Bierman: Don Bierman, 2457 South Bayshore. I'm a resident of whatever I'm a
resident of, either a PUN or a platted place, and frankly, I have no idea what. I've been reading
this ordinance which is written very clearly. I have no idea what it says. I don't understand
what is being attempted to be accomplished, and I would support J.L.'s motion to defer this so
that we can sit down and see if this is resolvable among the parties, because the last thing that
any of the residents - and several of my fellow residents are here as well - want to do is change
the way that we have already have our houses there, and I don't know what this ordinance does
to that. So at this point, I would request that this be deferred until we can examine it more
closely.
Vice Mayor Plummer: Mr. Mayor, I moved before that Mr. Dolan and all the concerned people,
the mortgagees or the mortgage holders, and the Legal Department call a meeting of those
people, put them together, and hopefully, they can recommend to Mr. Dolan what he can do, and
when it comes back here, he will have all the signatures he needs and all of the things that he
needs, and we can absolve this matter and get it over with.
Mayor Clark: Is there a second?
Vice Mayor Plummer: But at this point, that's what we've got to do.
Commissioner Gort: Second.
Mayor Clark: All right. Call the roll.
Mr. Dolan: I'd also like to simply clarify. I've owned this property for 12 years, paid taxes on it
for 12 years. There is no... never... Nothing was left on it. I've paid over twenty-five thousand
dollars ($25,000) in legal and other consulting fees. I do request to finally, at this time, that the
Commission do stay with me and see if we can get this satisfied with Mr. Bierman and myself.
Mayor Clark: That's the motion right there.
Commissioner Gort: That's the motion, sir.
Mayor Clark: Cast a unanimous ballot. Thank you all for coming down.
143 July 13, 1995
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-538
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 32 (AFFIRMING
THAT THE ACRONYM P.U.N., ADOPTED BY THE COMMISSION PURSUANT
TO RESOLUTION NO.79-301, SUPERSEDES THE UNDERLYING PLAT FOR THE
SAME PROPERTY AS RECORDED IN PLAT BOOK 110, AT PAGE 23, ENTITLED
"BAYSHORE VIEW") TO A LATER DATE; FURTHER DIRECTING THE
ADMINISTRATION TO CONDUCT A MEETING BETWEEN THE MORTGAGEE
AND OUR CITY'S LEGAL DEPARTMENT; AND FURTHER, DIRECTING THE
ADMINISTRATION TO COME BACK WITH A PROPOSAL THAT IS
ACCEPTABLE TO ALL OF SAID PARTIES TO SAID TRANSACTION.
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.
-------------------------------------------------------------------------------------------------------------
58. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 53.5, SECTIONS
53.5-23, 53.5-24, 53.5-25 & 53.5-28 (STORMWATER) -- ESTABLISH
ALTERNATIVE BILLING / COLLECTION METHOD -- REVISE SCHEDULE
OF RATES TO REFLECT CURRENT RATES -- ELIMINATE REPEAL AND
REVIEW DATES -- ADD COMPLIANCE WITH FEDERAL / STATE /
COUNTY REGULATIONS AS APPROVED EXPENDITURES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number...
Commissioner Gort: Thirty-three.
Mayor Clark: Thirty-three.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
S
Mayor Clark: No exception...
Vice Mayor Plummer: Read it, read the ordinance.
144 July 13, 1995
"STORMWATER," BY: ESTABLISHING AN ALTERNATIVE BILLING AND
COLLECTION METHOD; REVISING THE SCHEDULE OF RATES TO
REFLECT CURRENT RATES; ELIMINATING THE REPEAL AND REVIEW
DATES; AND ADDING COMPLIANCE WITH FEDERAL, STATE AND
COUNTY REGULATIONS AS APPROVED EXPENDITURES; MORE
PARTICULARLY BY AMENDING SECTIONS 53.5-23, 53.5-24, 53.5-25, AND
53.5-28; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Gort, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11282.
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.
rr--r-rr-------r------r---------------------------------------------------------rrr
59. RATIFY MANAGER'S FINDING OF EMERGENCY REQUIRING
INCREASE ($24,753) IN FEES FOR ADDITIONAL PROFESSIONAL
SERVICES IN AGREEMENT WITH POST, BUCKLEY, SCHUH &
JERNIGAN, INC. -- FOR PREPARATION OF A FACILITY MASTER PLAN
FOR SITE CONSOLIDATION OF SELECTED CITY MAINTENANCE
FUNCTIONS, B-3249 (CIP 311018).
Mayor Clark: Item 34. Hey, Victor, don't walk out now, please. We got one gone anyway.
Commissioner De Yurre: Here we go again.
Vice Mayor Plummer: Here is another increase of twenty-five thousand dollars ($25,000). I'm
not picking on this individual item, but this agenda is just full of more and more increases,
increases.
Mayor Clark: All right. Is there a motion on the item?
Commissioner Gort: Can we explain why the increase takes place?
Mr. Cesar Odio (City Manager): What item? Thirty-three?
Vice Mayor Plummer: Thirty-four.
Commissioner Gort: Thirty-four.
Vice Mayor Plummer: Thirty-three passed. You know, Mr. Manager, I'm just, once again,
complaining about increases, increases and increases.
Mr. Odio: No, no, let me explain, please, J.L., because, you know, there is a camera there, and
people misunderstand, OK?
Vice Mayor Plummer: That's right.
Commissioner Gort: So explain it.
Mr. Odio: So you have to have the whole story. We had under contract with Jackson Memorial,
when we sold the land of the motor pool, we had to be out of there by a certain date.
Vice Mayor Plummer: Yep. I negotiated it. Remember?
Mr. Odio: We had to, in the meantime, build another motor pool. And as we moved over there,
and we were going to spend, for the public's sake, we were going to spend four million dollars
($4,000,000) in another motor pool.
Mayor Clark: Victor? Where is... Where is...
Mr. Odio: We were going to spend four million dollars ($4,000,000) in another motor pool.
Vice Mayor Plummer: Steve, Steve, Steve, I'm going to vote for it.
146
July 13, 1995
Mr. Odio: i know, but we have to clarify the record. We had to spend twenty-four thousand
dollars ($24,000) to save four million dollars ($4,000,000). We hired these engineers to redesign
the heavy equipment motor pool so that we can fit the whole City motor pool into one building
and save four million dollars ($4,000,000).
Mayor Clark: Call the roll.
Vice Mayor Plummer: Mr. Manager, it's not that idea. It's the idea... and I'm not speaking to
this... Remember who negotiated that deal for you. OK?
Mr. Odio: But I had to...
Vice Mayor Plummer: It's not this one item. It is items replenished across these agendas of
increases, increases and increases.
Mr. Odio: But there is always a good reason for them.
Vice Mayor Plummer: Yeah, right.
Mr. Odio: If we don't have a good reason, then chastise us.
Vice Mayor Plummer: Well, hey...
Mayor Clark: All in favor of the motion, signify by saying "aye."
The City Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
147 July 13, 1995
e
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-539
A RESOLUTION, BY A 4/5THS AFFIRMATIVE' VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING AN INCREASE IN FEES FOR
ADDITIONAL PROFESSIONAL SERVICES NOT TO EXCEED $24,753.00 IN THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC., FROM $47,760.00 TO $72,513.00
FOR THE "PREPARATION OF A FACILITY MASTER PLAN FOR SITE
CONSOLIDATION OF SELECTED CITY MAINTENANCE FUNCTIONS," B-3249,
CAPITAL IMPROVEMENT PROJECT NO. 311018, AS APPROPRIATED BY
CAPITAL IMPROVEMENTS ORDINANCE NO. 11205 FROM FUNDS ALREADY
APPROPRIATED TO THE PROJECT.
(, (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:
ABSENT:
None.
None.
Commissioner Dawkins: What was that, 33?
Mr. Odio: Excuse me.
Mayor Clark: Thirty-five, 35.
Mr. Odio: Well, I made a mistake.
Commissioner Dawkins: Yeah, me, too.
Mr. Odio: I told you I was going to withdraw 35. I'm going to withdraw 36 instead.
i Commissioner Dawkins: OK.
4 7,
148
July 13, 1995
60. RATIFY MANAGER'S FINDING - OF ---EMERGENCY ---------WAIVE-----
COMPETITIVE SEALED BIDS -- APPROVE PURCHASE OF: (1) 16
AUTOMOTIVE LIFTS -- FROM CHALLENGER LIFTS ($86,694; 2) ONE
AAMCO #70 BRAKE LATHE -- FROM BAEX AUTO EQUIPMENT ($7,890);
AND (3) ONE COATS 8000A TIRE CHANGER -- FROM BAEX AUTO
EQUIPMENT ($9,700) -- ALLOCATE $104,284 FROM CIP 311018.
Commissioner Dawkins: So I will move... We're going to... He's withdrawing 36. I move 35.
Mayor Clark: Is there a second?
Vice Mayor Plummer: I'll second it, yeah. You got to have it.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-540
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) VOTE OF THE MEMBERS OF
THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE PURCHASE OF SIXTEEN AUTOMOTIVE LIFTS FROM CHALLENGER
LIFTS, AT A COST OF $86,694.00, ONE AAMCO #70 BRAKE LATHE FROM BAEZ
AUTO EQUIPMENT, AT A COST OF $7,890.00, AND ONE COATS 8000A TIRE
CHANGER FROM BAEZ AUTO EQUIPMENT, AT A COST OF $9,700.00, FOR A
TOTAL PROPOSED AMOUNT OF $104,284.00; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 311018, ACCOUNT CODE NO.
429402-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
PURCHASE.
(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.
149 July 13, 1995
e
(VOTE FOR THE RECORD: At this point, agenda item 36 was
withdrawn.
-- --------------- -
61. EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE) -- ESTABLISH NEW CAPITAL PROJECT
404240: ORANGE BOWL MODERNIZATION - PHASE III SUPERBLOCK
DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Thirty -six -A.
Mayor Clark: Thirty -six -A. That's been withdrawn also?
Mr. Cesar Odio (City Manager): No, 36-A we need badly. This is the Orange Bowl
improvements that we had to have because of the Olympics, because of the ADA (Americans
With Disabilities Act).
Mayor Clark: All right, all right, all right. Read the ordinance.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance into the public record.
Mayor Clark: All right. Call the roll.
Mr. Walter Foeman (City Clerk): I need a second there, Mr. Mayor.
Commissioner Dawkins: Second.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 11205, ADOPTED NOVEMBER 17, 1994, AS AMENDED, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY
ESTABLISHING NEW CAPITAL PROJECT NO. 404240, ENTITLED:
"ORANGE BOWL MODERNIZATION - PHASE III SUPERBLOCK
DEVELOPMENT" AND APPROPRIATING FUNDS FOR SAID PROJECT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
150 July 13, 1995
was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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.
Whereupon the Commission on motion of Commissioner Dawkins and seconded by
Commissioner Dawkins, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11283.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
62. RATIFY MANAGER'S FINDING OF NEED FOR EMERGENCY
CONTRACTING OF GOODS AND SERVICES FOR PROJECT: ORANGE
BOWL MODERNIZATION PHASE III, SUPERBLOCK DEVELOPMENT -
NORTH, B-6243 -- ALLOCATE FUNDS FROM CIP 404240: $1,359,191.25
FOR GOODS AND SERVICES, AND $169,361.48 FOR ESTIMATED
EXPENSES, TOTALING $1,528,552.73.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: How about 36-13?
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Whew! A million and a half dollars.
Mr. Cesar Odio (City Manager): I tell you, when we are finished, I would like to say this for the
record, I have seen part of what they're doing on the north side. It's going to be incredibly
beautiful. All the new...
151 July 13, 1995
Commissioner Dawkins: We do not need the commercials. Let's pass the ordinance.
Mayor Clark: Motion and a second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-541
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING THE EMERGENCY
CONTRACTING OF GOODS AND SERVICES IN THE TOTAL AMOUNT OF
$1,359,191.25 FOR THE PROJECT ENTITLED "ORANGE BOWL
MODERNIZATION PHASE 11I, SUPERBLOCK DEVELOPMENT - NORTH, 13-
6243," WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL
IMPROVEMENT PROGRAM FISCAL YEAR 1994-95, INDEX CODE NO. 319302-
830, PROJECT 404240 IN THE AMOUNT OF $1,359,191.25 TO COVER GOODS
AND SERVICES AND $169,361.48 TO COVER THE ESTIMATED EXPENSES FOR
AN ESTIMATED TOTAL PROJECT COST OF $1,528,552.73.
(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.
----------------------------------------------------------------------------------------------------------------
63. CONTINUED DISCUSSION CONCERNING MINIMIZATION OF
INCONVENIENCE TO CITIZENS DURING RECONSTRUCTION OF
VENETIAN CAUSEWAY -- REQUEST ADMINISTRATION TO PREPARE A
REPORT CONCERNING ACTION TAKEN TO ACCOMPLISH THIS. (See
label 12)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now we move back. All this other...
Vice Mayor Plummer: Where are we?
Commissioner Gort: Mr. Mayor.
152 July 13,1995
Al
44.
Mayor Clark: Special appearances.
Commissioner Gort: Mr. Mayor, on 37, I would like for the Administration to send me a report
on what is being done on this issue. This is the Miami Beach and Venetian Bridge.
Mr. Cesar Odio (City Manager): What's that?
Commissioner Dawkins: Send me a copy.
Commissioner Gort: This is the Venetian Bridge.
Commissioner Dawkins: Send my office a copy also, please.
Mayor. Clark: Now, you're going to provide...
Mr. Odio: On the plans that we have?
Mayor Clark: Get something from Garcia over on the Beach, too.
Mr. Odio: I have... It's a mutual aid pack that we have.
Commissioner Gort: Yeah. I'd like to get a copy of it.
----------------------------------------------------------------------------------------------------------------
64. CONTINUED DISCUSSION CONCERNING REYES V. CITY OF MIAMI
(CASE NO.93-008 AP). (See label 15)
----------------------------------------------------------------------------------------------------------------
We took care of all this other stuff, right? How about Leonard Rubin?
Vice Mayor Plummer: Where are we now?
Commissioner Dawkins: I think...
Mr.. Cesar Odio (City Manager): We're back to 68 - 59.
Mr. Leonard Rubin: Thank you, Mr. Mayor. Item number 41.
Mayor Clark: Forty-one, Leonard Rubin.
Mr. Leonard Rubin: Leonard Rubin, Alfred I. DuPont Building, Miami, Florida. Item 41. Mr.
Mayor, thank you for recognizing me. I would have appeared earlier, but I had an agreement
with the City Attorney's Office that they were going to recommend the adoption of a resolution
in regard to the mandate of the Circuit Court...
A. Quinn Jones, III, Esq. (City Attorney): Excuse me, Mr. Rubin.
Mr. Rubin: ... which reversed...
Mr. Jones: Mr. Rubin, excuse me. The Commission did discuss this, and I did explain to them
the mandate of the Court, and that my recommendation was to the Administration to issue the
permit, to comeback in September with a resolution ratified. This Commission explained to me
153
July 13, 1995
that they wanted it to come back for a hearing, and at that time, they would either grant it or deny
it.
Mr. Rubin: Thank you, sir. Basically, what had happened here is that the Zoning Administrator
had granted a special class one permit.
Mayor Clark: Let me ask a question, sir. When was this heard? When was this...
Mr. Rubin: This was the subject of a mandate of the Circuit Court for Dade County...
Commissioner Gort: No, no, ,no.
Vice Mayor Plummer: No. When was it heard before this Commission?
Mr. Rubin: When was it before this Commission? November 10, 1992 is when the appeal to
this Commission was filed.
Mayor Clark: Well, I suggest it come back for a new hearing, sir. Mr. Gort and myself were not
here at that time. We don't know anything about this case. We're just sitting here in limbo.
Mr. Rubin: Mr. Clark, Honorable Mayor, there is nothing to know about. The Circuit Court has
issued a mandate. It's nondiscretionary on your part. It is a ministerial matter. It must be
adopted.
Mayor Clark: Well, they issued a mandate... Wait a minute, sir. They issued a mandate as a
result of the decision of this Commission, which I'm not part of at that time.
Mr. Rubin: That does not matter, sir. It's the Commission that stands as a body and not the
individual members of the Commission.
Mayor Clark: Keep talking and you're not going to get anywhere with me. I want to see them
back down here for another hearing.
Mr. Rubin: I understand that, sir. But, really, it's a non -discretionary matter. It's mandatory
that you adopt it as the rule of law. As long as Miami is a part of the United States of America,
the rule of law obtains. And if it's necessary for me to file...
Mayor Clark: Sir, sir.
Mr. Rubin: ... an action for a mandatory judgment, a writ of mandamus, I'll do it, but I really
don't want to.
Vice Mayor Plummer: Can't you appeal?
Mr. Rubin: The time for appeal has elapsed.
Vice Mayor Plummer: OK. Sir, we're not going... What we're saying to you in so many
words OK? - we're not going to let you come in here and sneak in through the back door what
you couldn't do through the front door.
Mr. Rubin: I object to that because that's not true.
Vice Mayor Plummer: You can object all you want, sir. We told you at the time that you came
before this Commission that the only way we'd let you put that gaming room in was with those
154 July 13, 1995
conditions, or we would deny it. Now, you've gone to court to try to circumvent what this City
Commission tried to protect.
Mr. Rubin: I followed the law for my client.
Vice Mayor Plummer: Sir, you can follow the law all you want. Those restrictions, if the Court
has found them to be too restrictive, that's fine. Those are removed. This Commission is
instigating a new hearing on that matter to approve or deny that application.
Mr. Rubin: Well, you can't do that.
Vice Mayor Plummer: Watch us.
Mr. Rubin: Watch me.
Vice Mayor Plummer: Fine. You got to make a living. God bless you.
END OF DISCUSSION -- NO ACTION TAKEN
-----------------------------------------
65. (Continued) DIRECT MANAGER TO MEET WITH REPRESENTATIVES OF
THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION
CONCERNING ECONOMIC DEVELOPMENT INITIATIVES BEING SET
FORTH IN WESTERN COCONUT GROVE -- DIRECT MANAGER TO
COME BACK TO NEXT COMMISSION MEETING WITH
RECOMMENDATION. (See label 41)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Let's move to...
Commissioner Dawkins: Forty-four.
Mayor Clark: Did Mr. Martin Fine ever show up?
Mr. Cesar Odio (City Manager): No, sir.
Mayor Clark: Show up sometimes, Marty. Yes, go ahead.
Commissioner Dawkins: Forty-four, Mr.... I mean I think 44.
Mayor Clark: Forty-four?
Commissioner Dawkins: Yeah, 44. No, I'm sorry.
Vice Mayor Plummer: Where the hell is Victor? Victor, what...
Mr. David Alexander: Forty -nine -A, Commissioner.
Commissioner Dawkins: Forty -nine -A, that's right.
Mayor Clark: Forty-nine... President of Coconut Grove Development?
155
July 13, 1995
Commissioner Dawkins: Yes.
Mayor Clark: Yes, sir.
Mr. David Alexander: Good afternoon, Mr. Mayor and Commissioners. David Alexander,
executive director of Coconut Grove Local Development. My president, Rick Holton, is in
training with the Police Department at this time, and I request permission to appear in his stead.
Mayor Clark: What is this about?
Mr. Alexander: We are requesting CDBG (Community Development Block Grant) funding
which was tabled...
Mayor Clark: Have you been before the Manager to start with?
Mr. Alexander: Yes. We have met with the department, Community Development. We sent a
package to the Commissioners, the Mayor and the Manager.
Mayor Clark: What happened, Cesar?
Commissioner Dawkins: I move that Mr. Alexander meet with the Manager, and the Manager
come back at the next meeting with a recommendation.
Vice Mayor Plummer: Second.
Mr. Alexander: Is that possible, to do it this afternoon?
Vice Mayor Plummer: No.
Mayor Clark: Not today.
Commissioner Dawkins: Why is it urgent, Mr. Alexander?
Mr. Alexander: The incubator is sitting there...
Mr. Cesar Odio (City Manager): Excuse me, sir. You come in here and you're asking us to give
you two hundred and fifty-five thousand dollars ($255,000) on an emergency basis, just like that,
right?
Mr. Alexander: No, sir. We did... We did apply for CDBG.
Mr. Odio: No, no, I don't think that's fair, to put me in a position to have to recommend two
hundred and fifty-five thousand ($255,000).
Vice Mayor Plummer: I call the question.
Mayor Clark: On the motion. Call the... What's the...
Vice Mayor Plummer: The motion is to send it to the Manager.
Mayor Clark: Send it to the Manager. Call the roll.
156
July 13, 1995
k
-f,. ;t %,
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-542
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES OF THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION (CGLDC) IN CONNECTION WITH CERTAIN ECONOMIC
DEVELOPMENT INITIATIVES THAT ARE BEING SET FORTH IN THE
WESTERN SECTION OF COCONUT GROVE; FURTHER DIRECTING THE CITY
MANAGER TO COME BACK AT THE NEXT REGULAR COMMISSION
MEETING (PRESENTLY SCHEDULED FOR SEPTEMBER 14, 1995) WITH A
RECOMMENDATION REGARDING SAME.
Upon being seconded by Vice Mayor Plummer, 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.
----------------------------------------------------------------------------------------------------------------
66. GRANT REQUEST FOR FEE WAIVER FROM COCONUT GROVE FAMILY
AND YOUTH INTERVENTION CENTER, SUBSIDIARY OF COCONUT
GROVE LOCAL DEVELOPMENT PARK, FOR USE OF ELIZABETH
VIRRICK PARK FOR A COMMUNITY PICNIC.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, could we go on record, if we may, that Virrick Gym - excuse
me - Virrick Park is going to be vacated by the Family Health Center. Thelma Gibson (sic), the
head of the NET (Neighborhood Enhancement Team), has come to my office and talked to us,
and I would like to make a resolution that first and foremost priority for that facility be given to a
youth center for the kids of that area. I'm not saying that it has to be, but first priority has to be
for a youth center. And I'd like to move that in the form of a resolution.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
157 July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-543
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT THE
ELIZABETH VIRRICK YOUTH CENTER LOCATED IN ELIZABETH VIRRICK
PARK, 3580 DAY AVENUE, COCONUT GROVE, FLORIDA BE UTILIZED, ON A
FIRST PRIORITY BASIS AND UPON VACATION OF THE FAMILY HEALTH
CENTER, AS A YOUTH CENTER FOR THE CHILDREN OF THE AREA.
(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.
----------------------------------------------------------------------------------------------------------------
67. ADDITIONAL COMMENTS CONCERNING REINSTATEMENT OF POLICY
THAT NO PERSONAL APPEARANCES SHALL BE SCHEDULED FOR
COMMISSION MEETING AGENDAS WITHOUT PRIOR REVIEW BY THE
MANAGER. (See label 39)
Mayor Clark: Mr. Manager, who makes up the agenda?
Mr. Cesar Odio (City Manager): We do, sir.
Mayor Clark: Personal appearances, make sure...
Vice Mayor Plummer: He knows in the future.
Mayor Clark: ... we're not going to recognize any personal appearance that hasn't come back to
you and hasn't reported to you before he gets here.
Mr. Odio: OK. But I want to... As a matter of a clarification, I have done that to the extent that
if I get a request from a Commissioner, I'm going to put him on the agenda.
Vice Mayor Plummer: Only if they go to you first.
Mr. Odio: No, no, no. Wait a minute. Look, Commissioner...
158 July 13, 1995
4ww
Mayor Clark: We're not special.
Mr. Odio: You are my bosses. If I get a memo from you, sir...
Mayor_Clark: You don't have to do it. If I got somebody I want to put on the agenda, I'll tell
you what's the story and I'll commiserate with you on the thing before it comes up here.
Mr. Odio: All right.
Mayor Clark: None of these side shots like this...
Vice Mayor Plummer: Well, excuse me, Mr. Mayor. As far as this Commissioner is concerned,
anything I ask for in the agenda, if those people don't go to your office and speak with you first,
don't you put them on the agenda. You heard me? Don't put them on the agenda.
Mayor Clark: This guy on this pool room down here really tried to...
Commissioner Gort: I feel the same way, but at the same time, make yourself available to the
people.
----------------------------------------------------------------------------------------------------------------
68. SECOND READING ORDINANCE: AMEND 11205 (CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE) -- ESTABLISH NEW
PROJECT: JEFFERSON STREET PAVING PROJECT PHASE II ($60,000).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: OK. Where do we stand now on the...
Mr. Cesar Odio (City Manager): Fifty-nine, sir.
Mayor Clark: Fifty-nine?
Mr. Odio: Yes, sir.
Commissioner Gort: We've done everything else?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Move 59.
Commissioner Dawkins: On 59, I made a recommendation that... What's the street where St.
Alban's (phonetic) Daycare sets? What's the name of that street?
Mr. Jim Kay: Booker. We're talking about Booker.
Mr. Odio: Booker.
Commissioner Dawkins: Booker. I made a recommendation that the potholes and all be filled in
on Booker Street. Now, I'm told... I'm not told... Nobody came back to me, and nobody said
anything. But when I look at the backup materials, it does not include Booker Street, nor does it
explain why it does not include Booker Street.
159 July 13, 1995
Mr. Odio: Yes, sir.
Commissioner Dawkins: But then, when I ask about it, they say Booker Street is a private road.
Is that true?
Mr. Kay: That's correct, yes, sir.
Commissioner Dawkins: All right. Well, what are we going to do to get the potholes filled?
Who owns the street?
Mr. Kay: The property owner.
Mr. Odio: It's a private property.
Commissioner Dawkins: Who is the property owner? What property owner.
Mr. Kay: I don't know the... I don't have the property owner's name or...
Commissioner Dawkins: St. Alban's is on the west side of the street. It's nothing on the east
side in one block. Then when you go to the next block, it's that housing development, King
Heights, King... Whatever it is. He owns the street?
Mr. Kay: He actually owns the street. Booker extends all the way down to Charles Terrace.
That's private all the way down to there.
Commissioner Dawkins: All right.
Mr. Odio: Let me see if I can find out who owns it and...
Commissioner Dawkins: No, no, Mr. Manager. I'm going to make this better than that. If the
person owns the street and the street is not being maintained, and the street has potholes in it,
which are a safety hazard, why doesn't the City of Miami make the owner fix the street? Why
not?
Mr. Kay: That is... The proper procedure to do is to go in and make the proper - make repairs to
the street, fill the potholes. That is the function of Code Enforcement.
Commissioner Gort: I have a question.
Vice Mayor Plummer: All right.
Commissioner Gort: My understanding is, if it's a private road, he might not allow people to use
it.
Vice Mayor Plummer: That's it.
Commissioner Gort: Henan close the road down.
Mr. Kay: He can close it off.
Commissioner Gort: So I think my understanding is, we need to sit down with this gentleman,
negotiate with him, and get his permission to let us use the road.
Vice Mayor Plummer: Well, there's possibly...
160 July 13, 1995
1 f
i
Commissioner Dawkins: But they're using the road every day, Commissioner Gort, because...
because...
Commissioner Gort: Yeah, but they could close it any time they want to, though.
Commissioner Dawkins: All right. People come... The bus used to come down until the people
complained about the bus, but individuals come down, drop their kids off at St. Alban's, and
they drive through. So, I mean...
Commissioner Gort: No, I understand, but... And I worked - and I talked to the kids at the
school, and the problem that was I was told is this gentleman who owns the street can close it
any time he wants to and not allow people to go through.
ViceMayor Plummer: Well, there is...
Commissioner Dawkins: Well, if it's... OK. Let me ask a question. If someone is hurt, they go
after who? The owner of the street and the City.
Vice Mayor Plummer: No. The owner of the street.
Mr. Kay: The property owner. It would be the owner of the street. The City...
Commissioner Dawkins: Then the City isn't liable at all.
Mr. Kay: That's my understanding. That's correct.
Vice Mayor Plummer: Mr. Dawkins, I think the only scenario that may would change that is
when he got his project, if he at that time agreed to dedicate and maintain the streets, then we can
hold him liable for that. Other than that, he can close the street. It's on his private property.
Commissioner Dawkins: Well, if he doesn't close it, we should close it. It's unsafe,
Commissioner Plummer.
Vice Mayor Plummer: I don't disagree with you, sir. I think the Administration is saying pass
this, and then they will look into the other to see what can be done.
Commissioner Dawkins: Oh, yeah, we're going to pass - I mean, this is passed. I mean, I'm
not... Move this. I'm just worried about the other street.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance Into t e pu is record.
Vice Mayor Plummer: Is there any further discussion? It was moved by Gort, seconded by
Dawkins. Call the roll.
161 July 13, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11205, ADOPTED NOVEMBER
17, 1994, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT
ENTITLED "JEFFERSON STREET PAVING PROJECT PHASE 11" IN THE
AMOUNT OF $60,000; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of May 11, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and 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
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11284.
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.
--------------------------- ------------------------------------------------------------------------------------
69. ACCEPT BID: ROYAL ENGINEERING, INC. -- FOR JEFFERSON STREET
PAVING PROJECT - PHASE II, B-4589 -- ALLOCATE $60,000 FROM CIP
341202 ($58,906.50 TO COVER CONTRACT COST AND $1,093.50 TO
COVER ESTIMATED EXPENSES).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 60.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Moved by Dawkins, seconded by Gort. It's a resolution. Does anyone
wish to discuss item 60? Show a unanimous ballot.
E"j,
July 13, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-544
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING, INC., IN THE
PROPOSED AMOUNT OF $58,906.50 TOTAL BID OF THE PROPOSAL, FOR
"JEFFERSON STREET PAVING PROJECT - PHASE 11, B-458911; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 341202, AS APPROPRIATED BY THE
FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENT ORDINANCE NO.11205, AS
AMENDED, IN THE AMOUNT OF $58,906.50 TO COVER THE CONTRACT COST
AND $1,093.50 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $60,000.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
July 13, 1995
e
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------------------------------------------------------------------------------
70. SECOND READING ORDINANCE. ESTABLISH SEVEN NEW SPECIAL
REVENUE FUNDS: "JTPA TITLE IIA / NEIGHBORHOODS JOBS
PROGRAM (PY '95)", JTPA TITLE IIC / NEIGHBORHOODS JOBS
PROGRAM PY '95)11, "DHRS / RCA (ER '96)", "JTPA TITLE III
DISLOCATED WORKERS PROGRAM (PY '95)", UTPA TITLE IIB
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY '96)",
"OFFICE OF INTERGOVERNMENTAL LIAISON (PY '95)", AND "J.O.B.S.
PROGRAM (PY '95)" -- APPROPRIATE FUNDS FROM U.S. DEPARTMENT
OF LABOR GRANT AWARDS; AUTHORIZE MANAGER TO ACCEPT
AWARDS AND ENTER INTO AGREEMENTS WITH SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
------------------------------------------
----------------------------------------------------------------------
Vice Mayor Plummer: Sixty-one, in reference to the funding for jobs. Moved by...
Mr. Cesar Odio (City Manager): I'd like to put on the record two things. That we've been...
Really, they cut us bad there, and we don't agree with them, and that I would like your
permission to look at the possibility of moving away from PIC (Private Industry Council),
resigning from PIC, and go...
Vice Mayor Plummer: That's always available to you. It's moved by Gort.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Well, do you want us to approve or deny this, subject to?
Commissioner Dawkins: Second.
Mr. Odio: Approve it, but with the permission from you to see if I can just resign from PIC.
Vice Mayor Plummer: OK.
Commissioner Gort: I have a question.
Vice Mayor Plummer: Go ahead.
Commissioner Gort: If we pull from PIC, will we receive the funding directly then? Is that what
it means?
Mr. Frank Castaneda: Yes.
Mr. Odio: We may get more money.
Vice Mayor Plummer: We get more. We get more.
Commissioner Gort: Second.
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AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: OK. Mr. Manager, you know I brought to the attention of the
Commission, Mr. Ivey Kearson was supposed to answer the very low rating that they got for the
job placement. That has now been contended back by Mr. Alfano. OK? Now I want to tell
you, if that rating is not changed, then I'm going to come back to this Commission and talk about
taking all these funds and giving them out to the private sector companies who have the highest
ratings.
Mr. Odio: Wait just a minute, Commissioner.
Vice Mayor Plummer: OK. So...
Mr. Odio: You need the whole story on this one. The rating, the way they did the rating was
wrong. I haven't seen Alfano or any of these people, when we had to go and place people on
jobs around here. When we had that... the... OK. So.
Vice Mayor Plummer: OK. Mr. Manager, all I'm saying to you is that the City of Miami got a
very low rating. Mr. Ivey Kearson came to my office and objected strenuously that they used the
wrong procedures or whatever.
Mr. Odio: And we documented that. We documented that.
Vice Mayor Plummer: OK? They have now documented back a letter saying that Mr. Kearson
was wrong. I'm just merely saying that that's the way I'm thinking. Call the roll on 61, please.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING SEVEN (7) NEW SPECIAL REVENUE FUNDS
ENTITLED: "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (PY'95)",
"JTPA TITLE IIC/ NEIGHBORHOODS JOBS PROGRAM (PY'95)", "DHRS/RCA
(ER'96)", "JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'95)" , "JTPA
TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
(PY'96)", "OFFICE OF INTERGOVERNMENTAL LIAISON (PY'95)", AND
"J.O.B.S. PROGRAM (PY'95)" AND APPROPRIATING FUNDS FOR OPERATION
OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $800,000, $800,000,
$100,000, $1,200,000, $500,000, $50,000 AND $150,000 FROM U.S. DEPARTMENT
OF LABOR GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
165 July 13, 1995
passed on its first reading, by title, at the meeting of June 1, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and 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
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11285.
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. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND: TRAINING / ENTREPRENEURIAL FUND -- APPROPRIATE
$100,000 FROM REVENUE PRODUCED BY THE TRAINING /
ENTREPRENEURIAL ACTIVITY -- AUTHORIZE POLICE DEPARTMENT
TO ACCEPT MONIES FROM POLICE TRAINING ACTIVITIES --
AUTHORIZE POLICE DEPARTMENT TO EXPEND SAID MONIES FOR
PRODUCTION / DEVELOPMENT OF LAW ENFORCEMENT TRAINING
SEMINARS / COURSES / RELATED EQUIPMENT.
------------- --------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Sixty-two is up the same area.
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Mr. Gort.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Seconded by Mr. Dawkins.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance into the public record.
Vice Mayor Plummer: Motion understood. Call the roll.
i
166 July 13, 1995
AN ORDINANCE AN ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "TRAINING/ENTREPRENEURIAL FUND"; AUTHORIZING
THE APPROPRIATION OF FUNDS FOR THE OPERATION OF SAID SPECIAL
REVENUE FUND IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE
REVENUE PRODUCED BY THE TRAINING/ENTREPRENEURIAL ACTIVITY;
AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT MONIES FROM
POLICE TRAINING ACTIVITIES TO BE DEPOSITED IN SAID SPECIAL
REVENUE FUND; FURTHER AUTHORIZING THE POLICE DEPARTMENT TO
EXPEND SAID MONIES FOR THE PRODUCTION AND DEVELOPMENT OF LAW
ENFORCEMENT TRAINING SEMINARS, COURSES AND FOR RELATED
EQUIPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of June 1, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and 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
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11286.
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.
167
July 13, 1995
----------------------------------------------------------------------------------------------------------------
72. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 31
(OCCUPATIONAL LICENSES AND ADMINISTRATIVE FEES) -- DELETE
ARTICLE II (SCHEDULE OF OCCUPATIONAL LICENSE TAXES) --
SUBSTITUTE NEW ARTICLE II, INSTITUTING NEW OCCUPATIONAL
LICENSE CLASSIFICATION AND RATE SCHEDULE FOR PERSONS /
ENTITIES DOING BUSINESS IN CITY OF MIAMI -- INCREASE
OCCUPATIONAL LICENSE TRANSFER FEES -- REQUIRE
OCCUPATIONAL LICENSE TO DO BUSINESS WITH THE CITY AND/OR
ITS AGENCIES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 63, relating to occupational license...
Commissioner Gort: Move it.
Vice Mayor Plummer:... and administrative fees. Moved by Gort. Seconded by...
Commissioner Gort: Yourself.
Vice Mayor Plummer: ...by the chair.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance into the pu c record,
Vice Mayor Plummer: Motion understood. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, RELATING TO OCCUPATIONAL
LICENSES AND ADMINISTRATIVE FEES; AMENDING CHAPTER 31 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA BY DELETING SAID CHAPTER'S
EXISTING "ARTICLE II. SCHEDULE OF OCCUPATIONAL LICENSE TAXES" IN
ITS ENTIRETY AND SUBSTITUTING THEREFORE A NEW ARTICLE II
INSTITUTING A NEW OCCUPATIONAL LICENSE CLASSIFICATION AND RATE
SCHEDULE FOR PERSONS OR ENTITIES DOING BUSINESS IN THE CITY OF
MIAMI; INCREASING OCCUPATIONAL LICENSE TRANSFER FEES;
REQUIRING OCCUPATIONAL LICENSE TO DO BUSINESS WITH THE CITY OF
MIAMI AND/OR ITS AGENCIES; CONTAINING A REPEALER PROVISION;
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
W
passed on its first reading, by title, at the meeting of June 1, 1995, 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 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
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11287.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: I'm not going to vote on that. I wasn't here.
----------------------------------------------------------------------------------------------------------------
73. FIRST READING ORDINANCE: AMEND CODE, CHAPTER 54.5
(SUBDIVISION REGULATIONS), SECTION 54.5-16 (VACATION AND
CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY
PLAT) -- CLARIFY PROCEDURE AND ESTABLISH THREE-YEAR TIME
PERIOD THAT COMMISSION APPROVAL OF A REQUESTED VACATION
AND CLOSURE REMAINS VALID.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: We're on item 64, Mayor.
Mayor Clark: Sixty-four. First reading. Is there a motion?
Commissioner Gort: Move it.
Commissioner Dawkins: Why is this necessary? I mean, you're still talking about closing
streets where people have gone into the right-of-way with fences, with gates, and you still want
to OK it. Why?
Mr. Jim Kay: This item deals with the vacation and closure of a right-of-way in conjunction
with a plat, a replat.
Commissioner Dawkins: Plat.
Commissioner Gort: A replat.
Mr. Kay: When they're platting it... They were actually platting, yes, yes, sir.
169 July 13, 1995
it
Mayor Clark: Is there a motion on it?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance Into the pu is record.
Mayor Clark: Call the roll
Commissioner Dawkins: If it's not done by plat, it must come back to the Commission. Is that
what we're saying?
Mr. Kay: Yes, sir, yes, sir.
Commissioner Dawkins: OK. Nothing further.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS,"
BY AMENDING SECTION 54.5-16 ENTITLED VACATION AND CLOSURE OF
RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT, BY CLARIFYING
THE PROCEDURE AND ESTABLISHING A THREE (3) YEAR TIME PERIOD
THAT CITY COMMISSION APPROVAL OF A REQUESTED VACATION AND
CLOSURE REMAINS VALID; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
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.
170 July 13,1995
---------------------------------------------------------------------------- -
74. FIRST READING ORDINANCE: AMEND CODE SECTIONS 35-91, 35-92 &
35-93 -- CHANGE RATES AT: (1) CERTAIN ON -STREET PARKING
METERS, (2) CERTAIN OFF-STREET LOTS, AND (3) MUNICIPAL
PARKING GARAGES -- EFFECTIVE OCTOBER 1, 1995 -- RATIFY ALL
ACTS OF OFF-STREET PARKING BOARD AS TO RATES HERETOFORE
CHARGED --AUTHORIZE OFF-STREET PARKING BOARD TO DEVELOP
EXPERIMENTAL RATE STRUCTURES AND INITIATE RATES FOR NEW
FACILITIES DURING FISCAL YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Sixty-five.
Commissioner Dawkins: Defer it.
Mayor Clark: That's deferred?
Commissioner Dawkins: Yeah.
Commissioner Gort: No, I don't think so.
Commissioner Dawkins: Where is Clark Cook?
Commissioner Gort: You don't look too scared, Clark.
Commissioner Dawkins: I defer it. I defer 65.
Commissioner Gort: You shocked him. He was a sleep and you woke him up.
Mayor Clark: Sit down, sit down, sit down. Give me a motion on this.
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
NOTE FOR THE RECORD: At this point, the City Attorney read
t o ordinance into the pu c record.
171 July 13, 1995
,4
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 35-91, 35-92 AND 35-93 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING RATES AT
CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS;
CHANGING THE RATES AT MUNICIPAL PARKING GARAGES; PROVIDING
FOR SAID RATE CHANGES TO BECOME EFFECTIVE OCTOBER 1, 1995;
RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING
BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETOFORE
CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO
DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES
FOR NEW FACILITIES DURING THE FISCAL YEAR; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort, seconded by Commissioner Dawkins, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
_. _...
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
None.
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.
----------------------------------------------------------------------------------------------------------------
75. DEFER PROPOSED RESOLUTION TO AUTHORIZE SALE TO SCHOOL
BOARD OF DADE COUNTY OF REAL PROPERTY AT APPROXIMATELY
1834 N.W. 1 PLACE IN OVERTOWN FOR $125,000.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 66.
Commissioner Dawkins: Sixty-six, Mr. Mayor, I'd like to defer. This is in the Overtown area,
and..
Mayor Clark: You want to bring it before the CRA Board?
Commissioner Dawkins: Yes, sir, before the CRA Chairman and the Executive Director, and
then we'll bring it back to the board for a recommendation.
Mayor Clark: Very good. Motion to defer. Second. Cast a unanimous ballot.
Vice Mayor Plummer: Always in a...
Mr. Cesar Odio (City Manager): I just want... For the record, Mr. Dawkins, at one time, they
were offering one dollar ($1) for this property, and we told them no way.
172 July 13, 1995
j Commissioner Dawkins: They got off... You know, that's the problem. You know, Mr.
Manager, this is why I was saying what I said to Mr. Fair. That same piece of property that Mr.
]Fair is putting the park on, that's the property we asked the School Board for when we closed
61st Street, 67th Street. We closed all those streets so that they could enlarge Northwestern High
1 School, and they wouldn't give it to us. You know?
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY MAYOR
CLARK, ITEM 66 WAS DEFERRED 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
l
NAYS: None.
ABSENT: None.
- ---------------------------------------------------------------
76. AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP)
INVITING OFFERS FROM PERSONS / FIRMS / CORPORATIONS
INTERESTED IN LEASING THE MANUEL ARTIME COMMUNITY
CENTER (900 & 970 S.W.1 STREET).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, 67. Is there a motion?
Commissioner Gort: Move it.
Vice Mayor Plummer: Mr. Mayor, I'll second it, but I want a proviso in there that this is for
three five-year options or a 90-day cancellation if we can sell it.
Mr. Cesar Odio (City Manager): We have that. If we sell the property, we cancel it in 90 days.
Vice Mayor Plummer: Right.
Mr. Odio: In the meantime, we eradicate...
Vice Mayor Plummer: And hope to God we can sell it.
Mr. Odio:... in deficit.
Mayor Clark: All in favor of the motion, signify by saying "aye."
The City Commission Collectively: Aye.
Commissioner Dawkins: Under discussion.
173
July 13, 1995
s,.
41Vf
Mayor Clark: All right.
Vice Mayor Plummer: Yes, sir.
° Commissioner Dawkins: How much money are you going to spend to put this building in an
acceptable...
' Vice Mayor Plummer: A hundred thousand ($100,000).
' Mr. Odio: One hundred thousand ($100,000), I think we are going to give them.
Vice Mayor Plummer: You've already passed that.
Commissioner Dawkins: Because it doesn't make sense for us to sit here and say we're going to
sell a building for a dollar, and a person has to go in there and spend two hundred thousand
dollars ($200,000) for the... bringing it up to the Code, where the Code is going to make them
bring it up to. I don't... I'm not in favor of that.
Mr. Odio: Well, they agree...
Vice Mayor Plummer: Miller, it's a dollar lease.
Mr. Eduardo Rodriguez: It's a lease.
Commissioner Dawkins: Well, at least it's not... If you lease it and we, the City, demand that
the lessee...
Mayor Clark: Bring it up.
Commissioner Dawkins:... bring it up to Code, that's unfair.
Mr. Odio: No, sir. We're going to give them a hundred thousand ($100,000) to fix it and make
i it..
Commissioner Dawkins: No, no, we fix it. Don't give them a hundred. We fix it.
Mr. Odio: We fix it, we fix it. Now, this is another of the facilities that was losing five hundred
thousand dollars ($500,000) a year...
Vice Mayor Plummer: More.
Mr. Odio:... that is going away. Or more.
Commissioner Dawkins: OK. I'm glad you raised that question. Let me ask a question of this
Commission.
Mr. Odio: We will not pay any deficits.
i
Commissioner Dawkins: Let me ask a question of this Commission. In the event that this
building is leased for a dollar ($1), is this Commission going to continue to let nonprofit
organizations come in here, and we say to the new lessee, "You let them stay in there rent free"?
Commissioner Gort: You can't.
174
July 13, 1995
Mr. Odio: No. See, that's the idea. They have to go to those people, and not us.
Commissioner Dawkins: See, I've been here long enough to know ideas do not work out.
} Mr. Odio: Well, we'll put on the record that because of this lease, there will be no rental
reductions, or waiver, or that we will not deal in the rental of that building at all.
Commissioner Gort: Bring that up to us.
I.
Mr. Eduardo Rodriguez: No, no, we won't. We are not going to be the landlord anymore.
Vice Mayor Plummer: Well, wait a minute. I think Miller is bringing up a good point.
Mayor Clark: Please, now. Four people at one time cannot...
. Alice Mayor Plummer: No, no. Let me tell you where the good point Miller's bringing up is.
} What happens at the end of the fiscal year when they come in here and say, hey, they didn't pay
. their rent, and we're now "X" number of things in debt...
Mr. Odio: Well, that's not what he's saying.
Vice Mayor Plummer: ... the building is now run down, they didn't do any maintenance on the
building.
Mr. Odio: No, wait a minute. We're going to be monitoring over that. What Miller is... What
i Commissioner Dawkins is saying, what happens when the VIEJITOS WILES come here and
they only want to pay...
Commissioner Dawkins: The Lighthouse for the Blind. I don't mind saying it. When the
Lighthouse for the Blind come in here and say, they did not pay their rent, we don't have any
} money, and will the Commissioners give us twenty-five thousand dollars ($25,000) for the year?
j Mr. Odio: That's right. We cannot pay. That's not our problem. It's no longer our problem.
Mayor Clark: All right.
Commissioner Dawkins: Put it in the record and spell it out.
Mayor Clark: Motion and a second. All in favor, signify by saying "aye." Opposed, like sign.
So ordered.
l
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l_
175 July 13, 1995
Ar.
f
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-545
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST
FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
INVITING OFFERS FROM PERSONS, FIRMS AND CORPORATIONS
INTERESTED IN LEASING THE MANUEL ARTIME COMMUNITY CENTER,
LOCATED AT 900 AND 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, AT A
MINIMUM ANNUAL RENT OF $1.00, FOR AN INITIAL LEASE TERM OF FIVE (5)
YEARS, WITH TWO (2) ADDITIONAL FIVE (5) YEAR RENEWAL TERMS, AT
THE LESSEE'S OPTION.
(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.
--------------- ------------------------------------------------------- ------- -----------------------------------
77. MAKE PROVISIONS FOR: (1) NONPARTISAN PRIMARY ELECTION ON
NOVEMBER 7, 1995 -- FOR NOMINATION OF CANDIDATES FOR
OFFICES OF TWO COMMISSIONERS, AND (2) GENERAL MUNICIPAL
ELECTION ON NOVEMBER 14,1995.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 68.
Vice Mayor Plummer: If I had my choice, I'd cancel it, but I have no choice.
Commissioner Gort: Yes, yes, yes.
Commissioner Dawkins: What is 68?
Mayor Clark: Election day.
Vice Mayor Plummer: It's an election, a campaign.
Mr. Cesar Odio (City Manager): We need to change the candidates.
Vice Mayor Plummer: Yes, that's true, the candidate for City Manager. Who the hell is that
monkey?
176
July 13, 1995
Mayor Clark: There's a motion and a second. With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-546
A RESOLUTION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR
HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 7, 1995, FOR
THE NOMINATION OF CANDIDATES FOR THE OFFICES OF TWO
COMMISSIONERS AND FOR HOLDING A LATER GENERAL MUNICIPAL
ELECTION ON NOVEMBER 14, 1995, UNLESS ALL OF SAID OFFICES HAVE
BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR
THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID
NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS QUALIFIED TO
VOTE IN SAID NONPARTISAN PRIMARY ELECTION AND SAID GENERAL
MUNICIPAL ELECTION; DESCRIBING THE REGISTRATION BOOKS AND
RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS
OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO
USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH
GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE
CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY
COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS
AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY
PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE
PROVISIONS HEREOF.
(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: Was 69 cancelled?
Vice Mayor Plummer: Like to do the same, but we can't.
Mr. Odio: Yes, sir, I'm cancelling that one.
Commissioner Gort: Withdrawn.
Mr. Odio: I'm withdrawing that.
177 July 13, 1995
3
r
I
Mayor Clark: Sixty-nine and 70 have been withdrawn and...
Mr. Odio And 70 also.
Mayor Clark: Seventy and 71; 71 and 72.
Commissioner Dawkins: Seventy was withdrawn?
Mayor Clark: Yes, sir.
Commissioner Dawkins: Seventy-one was withdrawn?
Mayor Clark: Yes, sir, and 72 also.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Wait, wait, wait.
Mayor Clark: They've been withdrawn.
Commissioner Gort: OK.
20
NOTE FOR THE RECORD: At this point, agenda items 69, 70, 71
and 72 were withdrawn.
----------------------------------------------------------------------------------------------------------------
78. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE MANAGER TO CONVERT $135,000 CITY
LOAN TO PEOPLE'S DRUG STORE, INC. (GUARANTEED BY GEORGE &
GLORIA LEWIS) INTO A GRANT, FOR CONSTRUCTION OF PEOPLE'S
DRUG STORE, THEREBY FORGIVING OBLIGATION TO REPAY LOAN.
(See label 119)
-------- ---------------------------------------------------------------------------------------------
Mayor Clark: Seventy-three.
Commissioner Gort: People's...
Commissioner Dawkins: Move it.
Commissioner Gort: Second.
Vice Mayor Plummer: Wait, wait, wait. I got to have something here.
Mr. Cesar Odio (City Manager): What?
Mayor Clark: I'm trying to get through this thing. J.L. Can you...
Vice Mayor Plummer:. Sir, sir, we're giving these people, in effect, a hundred and thirty-five
thousand dollars ($135,000), and I'd like to know why. _
178 ' July 13,1995
Commissioner Dawkins: For the same reason that we gave Emilio Lopez a hundred and -
what? two hundred and fifty thousand dollars ($250,000). Same reason. No difference.
Mr. Odio: Let me put it on the record.
Vice Mayor Plummer:Excuse me. May I inquire, as I started?
Mr. Odio: Can I put it on the record?
Vice Mayor Plummer: I would like to know why these people are being specially privileged to
receive a hundred and thirty-five thousand dollars ($135,000), which was a loan, and is now
being given away a hundred and thirty-five... I'm merely asking the reason why.
Commissioner Dawkins: OK. Before he asked the reason... Before you explain the reason why,
- Mr. Manager, explain in the records for us and Commissioner Plummer why we did this for
Emilio Lopez.
Vice Mayor Plummer: That's fine. I'd like to hear both.
Mr. Odio: For the same reason that we did it for Emilio Lopez, we want to do it for George and
Gloria Lewis.
Vice Mayor Plummer: No, no. To my knowledge... Tell me about Emilio Lopez, because I
don't know about that.
Commissioner Dawkins: Oh, no, no. OK, all right. Go ahead, Frank. Let Frank explain it. Let
Frank explain it.
Vice Mayor Plummer: I don't know a thing about Emilio.
Mr. Odio: But let me put the why...
Mayor Clark: Did you know... Let me tell you, I got a motion and a second. Call the roll.
Vice Mayor Plummer: Well, wait a minute, Mr. Mayor. I would ask that it be deferred then, and
let me take it into the next meeting. I'd like to know. I think I'm entitled to know.
Mr. Odio: I tell you why. During this...
Vice Mayor Plummer: May I ask that it be deferred until the next meeting?
Mayor Clark: Well, let him try to explain it.
Mr. Odio: There were unforeseen circumstances because of Hurricane Andrew. These people
really suffered. They had...
Vice Mayor Plummer: A lot of people do.
Mr. Odio: They had cash problems, they had code changes, they had construction problems,
vandalism and problems with contractors. We have done this in the past where we have relieved
people, and I'm recommending this at a time that we need money, but this is a place of business
we need to maintain operating.
179
July 13, 1995
Mayor Clark: Any further discussion?
Vice Mayor Plummer: I would still ask, Mr. Mayor...
Mr. Odio: We have spent more money than this to develop new businesses.
Vice Mayor Plummer: ... this to be deferred. I would like to look into it. This is an absolute
giveaway, and I think I, as a Commissioner, have a responsibility to know, when this thing goes
from a loan, where you're absolutely absolving and in effect, giving somebody a hundred and
-thirty-five thousand dollars ($135,000).
Mayor Clark: Mr. Clerk, a motion to defer is in order till he gets all of his questions answered.
Cast a unanimous ballot on the motion to defer.
Vice Mayor Plummer: Thank you.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER GORT,
ITEM 73 WAS DEFERRED 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 number 74.
Commissioner Dawkins: You know, hold it. I have to say something. You know, it's amazing
how my colleague, J.L. Plummer, becomes a fiscal conservatist at certain times on this
Commission, and then at other times, he's not conservative, you know, this conservative. I have
to... I have to put that in the record. I would be remiss if I did not. Go right ahead.
Vice Mayor Plummer: Thank you, sir.
180.
July 13, 1995
------ ----------------------------------------------------------------
79. AMEND RESOLUTIONS 92-391 & 93-373 (WHICH ALLOCATED FUNDS
TO VARIOUS COMMUNITY DEVELOPMENT PROJECTS) -
REDISTRIBUTE FUNDS ALLOCATED TO BLACK ARCHIVES HISTORY
AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC.: (1) LYRIC
THEATRE REHABILITATION ($104,000), AND (2) COMPLETION OF
DORSEY HOUSE REHABILITATION ($68,000) -- EXECUTE AGREEMENT.
Mayor Clark: Item 74, Lyric Theater.
Mr. Cesar Odio (City Manager): This is redistributing funds allocated to Black Archives.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second? Cast a unanimous ballot. Item number...
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-547
A RESOLUTION, WITH ATTACHMENT, AMENDING RESOLUTION NOS. 92-391
AND 93-373, WHICH ALLOCATED FUNDS TO VARIOUS COMMUNITY
DEVELOPMENT PROJECTS REDISTRIBUTING FUNDS ALLOCATED TO BLACK
ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA,
INC., AS FOLLOWS: LYRIC THEATRE REHABILITATION, $104,000 AND
COMPLETION OF DORSEY HOUSE REHABILITATION, $68,000; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, 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 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.
Vice Mayor Plummer: In keeping with Miller's tradition.
181 July 13, 1995
l
80. AUTHORIZE CITY OF MIAMI PARTICIPATION IN COOPERATIVE
PROJECT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT -- FOR DISPOSAL OF
SURPLUS FILL MATERIAL FROM BILL BAGGS / CAPE FLORIDA STATE
PARK ONTO DESIGNATED AREAS OF CITY PROPERTY ON VIRGINIA
KEY -- EXECUTE NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 75. Please, now, folks, let's have a little sense here.
Mr. Cesar Odio: This is to authorize the City to participate in the project with the Florida
Department of Environmental Protection and the Dade County Department of...
Mayor Clark: All right. Is there a motion?
Vice Mayor Plummer: How much, Mr. Manager?
Ms. Diane Johnson: It's at no cost to the City.
Mr. Odio: What this is, what this means is when they start rebuilding Cape Florida, they're
going to be able to dump clean fill in the Virginia Beach.
Vice Mayor Plummer: That's great. Move it.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-548
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY OF MIAMI'S
PARTICIPATION IN A COOPERATIVE PROJECT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT FOR THE
DISPOSAL OF SURPLUS FILL MATERIAL FROM THE BILL BAGGS/CAPE
FLORIDA STATE PARK ONTO DESIGNATED AREAS OF CITY PROPERTY ON
VIRGINIA KEY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
182 July 13, 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.
----------------------------------------------------------------------------------
81. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
PROCEDURES FOR PROCUREMENT OF PROFESSIONAL SERVICES FOR
DESIGN / CONSTRUCTION OF SENIOR CENTER AT CHARLES HADLEY
PARK -- APPROVE ENGAGEMENT OF THADDEUS COHEN
ARCHITECTS, P.A. TO PROVIDE ARCHITECTURAL / ENGINEERING
SERVICES -- AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE
]PROFESSIONAL SERVICES AGREEMENT -- ALLOCATE $65,000 FROM
CIP 331391.
Mayor Clark: Number 76.
Vice Mayor Plummer: The question I have on 76, Mr. Manager, this is the amount...
Mr. Cesar Odio (City Manager): This is... We needed to develop the Hadley Park Senior Center
that you ordered us to project there when they... we had a public hearing here.
Commissioner Dawkins: Move it.
Mr. Odio: We needed to get this done.
Vice Mayor Plummer: The only question I have, Mr. Manager, it says sixty-five thousand
dollars ($65,000) for the design and construction of.
Mr., Odio: It's Charles Hadley...
Vice Mayor Plummer: There's no way I think you can build that place for sixty-five thousand
dollars ($65,000).
Mr. Odio: No, this is to the design.
Vice Mayor Plummer: That's not what it says. Read the agenda.
Mr. Odio: To provide...
Vice Mayor Plummer: The agenda says...
183
July 13, 1995
IIWAWA"
Mr. Odio: To provide architectural and engineering service...
Nice Mayor Plummer: For the design and construction...
Commissioner Dawkins: Scratch "construction" and move it.
Vice Mayor Plummer: Strike "construction."
Mr.Odio: Fine. I have no problem. If they...
Unidentified Speaker: Fine. Thank you.
Vice Mayor Plummer: It is not...
Mr.Odio: Well, if they can build it for sixty-five thousand ($65,000), why not?
Vice Mayor Plummer: Yeah. Right.
Commissioner Dawkins: Well, they can't. That's why J.L. is telling you we can't do it.
Mayor Clark: Let one tell you, everybody is so worried about what the TV is going to report of
this meeting, and when they see this, it will say, "The circus is back in town."
Vice Mayor Plummer: Turn it off.
Mayor Clark: Let's have some sense up here and a little decorum. All right?
Commissioner Gort: Second.
Vice Mayor Plummer: Motion and a second. With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-549
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND
WAIVING THE PROCEDURES FOR PROCUREMENT OF PROFESSIONAL
SERVICES FOR THE DESIGN OF A SENIOR CENTER AT CHARLES HADLEY
PARK ("PROJECT"); APPROVING THE ENGAGEMENT OF THE FIRM OF
THADDEUS COHEN ARCHITECTS, P.A., TO PROVIDE ARCHITECTURAL
SERVICES FOR SAID PROJECT, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM, IN AN
AMOUNT NOT TO EXCEED $65,000; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 331391, AS APPROPRIATED BY
ORDINANCE NO. 11205 FOR SAID PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
184 July 13, 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
None.
None.
----------------------------------------------------------------------------------------------------------------
82. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE MANAGER TO PREPARE / SUBMIT APPLICATION TO
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
FOR A LOAN ($10 MILLION) UNDER HUD SECTION 108 PROGRAM TO
FINANCE DEVELOPMENT OF A FOREIGN TRADE ZONE COMPLEX IN
WYNWOOD TARGET AREA. (See label 120)
Mayor Clark: Item 77.
Mr. Cesar Odio (City Manager): Mr. Mayor, on item 77, we are asking for ten... application of a
ten million dollar ($10,000,000) loan. I want to put on the record we already have back... We
are backing already twelve million dollars ($12,000,000) of HUD (Department of Housing and
Urban Development) Section 108 money. This would make it twenty-two million dollars
($22,000,000). I£ they don't pay, we are responsible. I would suggest, if we can do it, to cut this
in half.
Commissioner Dawkins: OK. May I ask a question, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Dawkins: Madam... Where is Ms.... The people went to court, going along the
same lines as the gentleman before us, and they got a judgment, and we were directed to do
what, Madam City Attorney?
Mr. Odio: A minimum of five point five million dollars ($5.5 million).
Commissioner Dawkins: Well, wait. You're not the City Attorney, Mr. Manager.
Mr. Odio: I'm sorry. I'm sorry.
Ms. Linda Kearson (Assistant City Attorney): We entered into a settlement agreement with
regard to the Foreign Trade Zone.
Commissioner Dawkins: Mm-hmm.
185
July 13, 1995
Ms. ;Kearson: That agreement requires us to submit to HUD an application for ten million
dollars ($10,000,000). We have a signed settlement agreement for that amount of money. We
negotiated. That was discussed over a number of meetings. We agreed to that.
Commissioner Dawkins: Mm-hmm. Well, but now, the Manager is saying that because of the
financial constraints of the City, he is not willing to recommend to this Commission that they go
for the ten million ($10,000,000), but the Court says we have to do it.
Ms. Kearson: We agreed to it. Now, this was discussed for several months.
Commissioner Gort: May I ask a question?
Ms. Kearson: We approved a settlement agreement for ten million dollars ($10,000,000).
Mayor Clark: Motion and a second.
Vice Mayor Plummer: Mr. Mayor, may I go on the record, please? Madam City Attorney,
merely for the record, I was designated by this City Commission as the legal representative to
that Board, you recall.
Ms. Kearson: That's correct, sir.
Vice Mayor Plummer: OK. I want to go on the record that they have not called me or notified
me in any way other than one meeting that was called approximately two years ago. Now, I
think that that definitely puts them in violation, if they have had a meeting at all without
notifying all members of the Board. And I am just merely... Hold on.
Mr. Odio: I'm going to put something in the record.
Vice Mayor Plummer: Can I finish?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Madam City Attorney, again, I have not been notified, as the legal
representative of this City Commission to that Board, for approximately two years, I can get you
the date of the only meeting I was notified of that I attended, and as far as I know, if there has
been a meeting since that time, they are in violation of their contract with the City. OK? So I'm
just putting that on the record for what it's worth.
Mr. Odio And let me put something on the record, for what it's worth.
Vice Mayor Plummer: And you might want to pursue it or not.
Mr. Odio: Can L.
Ms. Kearson: Yes, sir, I will pursue that.
Vice Mayor Plummer: OK.
Mr. Odio: Now, let me read the settlement agreement with Wynwood. It says:
"Nothing contained in this paragraph shall require the City to pledge its funds as
security collateral as a condition to receipt of any grant."
That's one paragraph.
"In addition to this effort described on D-1, within 60 days of the effective date of
the agreement, the City shall apply in good faith and assert diligence to secure the
186 July 13, 1995
sum of at least five million five hundred thousand dollars ($5,500,000), and more,
if reasonably justified by the needs of the Wynwood Foreign Trade Zone Project
for the HUD Section 108 Loan Program. However, in no event shall the Section
108 loan exceed ten million dollars ($10,000,000)."
I am recommending to you, as the financial responsibility that I have, that we cannot pledge ten
million dollars ($10,000,000), that we should only go with five -five, that we already have twelve
million dollars ($12,000,000) outstanding on Section 108 HUD loans somewhere else, and I am
not sure this program is going to work. And if they fail...
Commissioner Dawkins: No, wait, hold it, hold it.
Mr. Odio• we pay.
Commissioner Dawkins: Hold it. We do not... No. We... This Commission and the
Administration is not interested in whether it works or not. We're not basing no... We're not
basing nothing here on...
Mr. Odio: But if they fail to pay, we pay.
Commissioner Dawkins: Yeah, well, that's right, you can say that. Mm-hmm.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Well, hey, but...
Mayor Clark: All right. What's the position...
Ms. Kearson: I'd like to go back to that same agreement and reiterate...
Mayor Clark: You here on this, Pete?
Ms. Kearson: ... what that agreement states.
Mayor Clark: Peter, you here on this?
Ms. Kearson: It says here, "and more, if reasonably justified by means of the"...
Vice Mayor Plummer: Go ahead.
Ms. Kearson: During our negotiations, it was reasonably justified that we would apply for ten
million dollars ($10,000,000). That was the agreement.
Vice Mayor Plummer: It's not in writing.
Ms. Kearson: It's in writing. It's right here in the settlement agreement.
Vice Mayor Plummer: OK.
Commissioner Gort: Are we reading two different agreements or what?
Ms. Kearson: No. We are reading the same agreement.
Mr. Odio: It says... It says... I mean, I have to go back to school here. It says, "at least five
million -five, and if reasonably justified." I haven't been reasonably justified.
187 July 13, 1995
r
Commissioner Gort: My understanding...
Vice Mayor Plummer: I haven't heard any justification at all.
Commissioner Gort: Mr. Mayor. Mr. Mayor.
Mayor Clark: Go ahead, please.
Commissioner Gort: My understanding is, part of the agreement is our representative, J.L., is
supposed to be notified of all these transactions, of all these requests.
Vice Mayor Plummer: Of meetings.
Commissioner Gort: So my understanding is, Madam Attorney, is our commitment is to five
point five. If there's a reasonable agreement, then we can bring it up to ten. Now, my
understanding is our legal representative to be at the Board was not notified of this request.
Vice Mayor Plummer: Not at all, sir.
Commissioner Gort: So it's not a reasonable request, then.
Ms. Kearson: Mr. Gort, excuse me, sir. Mr. Gort, for the past two months, the City
Administration has been meeting with the developers to prepare this application, for the past two
months. This is not the first time we have heard of this item.
Commissioner Gort: OK. My understanding is, my Administration is saying that they haven't
met with these people.
Vice Mayor Plummer: I was never notified.
Mr. Odio: Since the buck stops here, I said five million -five, and if the staff can tell me ten, I'm
still going to recommend five -five, because when you put the whole picture together, we are
dealing with twenty-two million dollars ($22,000,000) of outstanding debt.
Mayor Clark: What's the pleasure of the Commission?
Commissioner Gort: I got two problems, Mr. Mayor. One of them is the Attorney's Office and
the Administration work for us. They work for the City. I'd like to see them come together
when they come in front of the Commission meeting and whatever discrepancy they have, to
take it up in their office, and not in here. I think whenever you have an issue in front of us, I
would like for you to discuss it before you come in here.
Commissioner De Yurre: Mr. Mayor, if I may. Are we obligated, Madam City Attorney, to go
with the ten million dollars?
Ms. Kearson: Mr. De Yurre, we have been negotiating in good faith with the developers for this
project. It was determined that they have, in fact, a reasonable request for ten million dollars.
Commissioner. De Yurre: OK. Now...
Ms. Kearson: That was the result of nego...
Commissioner Gort: Who determined that?
July 13, 1995
Vice Mayor Plummer: Who determines that? We do.
Ms. Kearson: Through the Administration. This is the first...
Unidentified Speaker: No, no.
Ms. Kearson: Well, this is the first time today that I have heard that the Administration was not
in support of this application. We have been discussing it for two months. This is the first time
that I have heard any disagreement with that amount.
Vice Mayor Plummer: Who do they have to justify it to? It would seem like to me...
Ms. Kearson: They had to justify...
Vice. Mayor Plummer:... to us who vote.
Ms. Kearson: They had to justify it to the Administration.
Vice Mayor Plummer: And so we don't matter. We don't have to vote on it, then.
Ms. Kearson: Well, you have to vote to submit the application, yes, you do, sir.
Vice Mayor Plummer: Don't they have to justify it to us?
Ms. Kearson: Well, if they justify to the Administration, I would assume they'd make the
recommendation.
Vice Mayor Plummer: You assumed wrong, because the recommendation...
Mr, Odio: I am...
Ms. Kearson: Well, the Administration has been working with the developers for two months.
Mr. Odio: I am...
Vice Mayor Plummer: But I've got to vote, and I haven't heard any justification, period.
Mr. Odio: I will recommend five million -five.
Mayor Clark: Well, let's do something here.
Commissioner De Yurre: Mr. Mayor, I just want to make sure that legally, we're not bound to
the ten million dollar ($10,000,000) figure. Is that the case or not?
A. Quinn Jones, III, Esq. (City Attorney): Let me say this. If it can be demonstrated that they
have shown reasonable justification to the Administration, which is what the settlement
agreement says - OK? - and this is the settlement agreement that you passed when we, you
know, we had our executive session and voted on it in full.
Commissioner De Yurre: Yeah, yeah, yeah.
Mr. Jones: If it has been demonstrated to them that there's reasonable justification, you are
obligated.
189 July 13,1995
Commissioner De Yurre: OK. Now...
Mr. Jones: The City is obligated.
Commissioner De Yurre: Who determines reasonable obliga... reasonableness?
Ms. Kearson: The Administration would.
Commissioner De Yurre: OK. Now, when did the Administration determine that it was not
reasonable?
Ms. Kearson: Just now.
Vice Mayor Plummer: Well, excuse me.
Mr. Odio: Just now. At the meeting with my staff and....
Vice Mayor Plummer: Obviously, from what I'm hearing, Mr. Mayor, they have not justified
reasonably to the Manager. That's why he's recommending five -five.
Commissioner De Yurre: OK. J.L., if I may continue for a couple of moments more.
Vice Mayor Plummer: I'm sorry.
Commissioner De Yurre: "Reasonableness," in that agreement, does not mean reasonableness as
far as the City's financial situation. I think it means reasonableness in the project itself.
Mr. Odio: Correct, sir.
Commissioner De Yurre: Is that correct? So the fact that we go up to twenty-two million dollars
($22,000,000) is irrelevant of this issue.
Mr. Odio: Yes.
Commissioner De Yurre: If this is reasonable to get the ten million, then that is what we agreed
to, and that's what we must address. If there's... If we've been working on this for two months
and I don't know, I haven't heard anything at all about this being reasonable or unreasonable.
But obviously, you know, you're kind of perplexed at what's happening here now. Did the
Administration state prior to today that it was not reasonable? And give reasons for that.
Mr. Odio: I have never agreed to the ten million dollars. Now, I don't know who got what from
where. Now, I have to make the final recommendation. I had some staff people - and Herb
Bailey might think that might be reasonable. I don't think it is. Now, if they want to defer this
application and have a meeting with me, and prove to us...
Mayor Clark: That's what we'll do.
Mr. Odio: ... and then that I can bring back to you that I am reasonably satisfied that they can
pay the ten million dollars...
Vice Mayor Plummer: Yeah.
Mr. Odio:... then I can honestly recommend the maximum.
190 July 13, 1995
i
i
Mr. Jones: Mr. Mayor...
Commissioner De Yurre: And that's important. I want to make sure that they have the ability to
pay it. How are we going to oversee the fact that they don't squander the money, and that they
do use it for the intended correct purpose?
Mr. Odio: Exactly.
Vice Mayor Plummer: Well, one of the problems, Victor, I think that you have is that this...
Obviously, the Board has not voted on this issue, because there has not been a meeting. Now,
the reason that a Commissioner of this City Commission was put on that Board was to assure just
that, that they did not squander the money, and that was the reason that they were supposed to
have a Commissioner in each and every meeting.
Mayor Clark: OK.
Vice Mayor Plummer: I am the designee. We're going to defer it. That's fine. I will only...
For the record, Mr. Mayor, they can justify it to the Manager, but before I vote on anything
above five -five, they're going to have to justify it to me.
Mayor Clark: Motion to defer.
Mr. Peter Weiner: Mr. Mayor, before you go forward with the motion, can I make an
appearance - a comment.
Mayor Clark: Do you represent these people?
Mr. Weiner: Dade Foreign Trade Zone, yes, sir.
Mayor Clark: All right.
Mr. Weiner: For the record, Peter Weiner, Attorney, 200 South Biscayne Boulevard. We would
urge that you not defer it and that we have certain time frames. We would like... If you would
like to have an opportunity to discuss it today...
Ms. Kearson: We're talking about today.
Mr. Weiner:... either at a Commission break and bring it back later this afternoon, that would be
most appropriate. I think if we sit down with the City Manager and the City Attorney...
Mr. Odio: I'm not going to sit down with anybody today, sir. I have a hundred items here, and I
don't have time today to sit down and reasonably analyze this application.
Mr. Weiner: Your staff, we've met with them, we've worked with them. There was a public
hearing held the other day...
Mr. Odio: Part of my staff is saying no way. Now, if we can have a meeting next week. I'd be
glad to, and let's talk.
Mayor Clark: Who's the staff you met with?
Mr. Weiner: We have... Mr. Gibb is here from our office, who can go through whom we've met
with, the public hearing process.
191 July 13, 1995
Vice Mayor Plummer: Mr. Weiner, may I inquire of you, sir?
Mr. Weiner: Yes.
Vice Mayor Plummer: When were you hired to represent?
Mr. Weiner: The law firm of Fieldstone, Lester and Shear has been representing Dade Foreign
Trade Zone.
Vice Mayor Plummer: They were never hired by the Board. Who is guaranteeing your
payment? Obviously, there's been no meeting of the Board to hire anybody. Who authorized
your payment?
Mr. Gibb: My name is Tom Gibb. I represent...
Vice Mayor Plummer: I'm asking Mr. Weiner, please.
Mr. Weiner: I work for the Dade Foreign Trade Zone.
Vice Mayor Plummer: The private concern?
Mr. Weiner: Yes.
Vice Mayor Plummer: That's fine, sir. Thank you.
Mr. Gibb: My name is Tom Gibb, representing Wynwood and Dade Foreign Trade Zone, 5250
Northwest 74th Terrace, in Lauderhill.
Mayor Clark: Who are the people you met with?
Mr. Gibb: We met with Sandra Joyce in Mr. Bailey's department. They were... She was
assigned the responsibility of putting together this application, together with your consultants
from Tampa.
Mr. Odio: Since then, sir... If I may...
Mr. Gibb: We've been working with them since April
Mr. Odio: If I may, I can clarify it immediately. Since then, Mr. Bailey has moved over to the
CRA (Community Redevelopment Agency) as Executive Director with Sandra Joyce, and other
staff picked up the ball. The staff that is looking at it for me now is saying no. And I'm going to
listen to both sides. I'm willing to listen to you in a meeting at any time, but I'm going to
recommend... There are two sides of this.
Mr. Gibb: I believe the applicant is Dade Foreign Trade Zone and not Wynwood. Therefore,
there would be no Wynwood Board required to approve this.
Mr. Herb Bailey (Assistant City Manager): I will not be put on the spot that way. We have...
We were instructed, because we have prepared all of the 108 applications for the City of Miami,
and because of the experience in our office, we were asked to put this application together. And
all we have done with our consultant is to assemble the information using the justification that
Dade Foreign Trade Zone has presented to us in accordance with the agreement that's been
explained to us by the City Attorney, and we have done that. We have all of the details, and we
have sent all of those details to the Manager.
192 July 13, 1995
i
Mr. Odio: The Manager saw the details and is recommending five million -five.
Mr. Gibb: In addition, Mr. Mayor...
Vice Mayor Plummer: May I, Mr. Mayor?
Mayor Clark: Well, we're not going to get anywhere here today.
Vice Mayor Plummer: In the agenda... This gentleman can say what he wishes, but this here is
an application, and the application clearly reads Wynwood Foreign Trade Zone, on the
application, sir.
Ms. Kearson: That's correct, sir. But the applicant, the applicant is Dade Foreign Trade Zone,
Inc., not the Wynwood Community Economic... That's the name of the project. The project is
the Wynwood...
Vice Mayor Plummer: Is that... Are they not the applicant?
Ms. Kearson: No, sir. The applicant...
Vice Mayor Plummer: They're not?
i
Ms. Kearson: The applicant will be Dade Foreign Trade Zone, Inc., not the Wynwood
Corporation.
Vice Mayor Plummer: OK.
Mayor Clark: Please, now, no more. That's the end.
Vice Mayor Plummer: It's deferred.
Mayor Clark: There's a motion to defer. Call the roll.
Mr. Walter Foeman (City Clerk): Mr. Mayor, I need a movant and a second.
Mayor Clark: Do you second the motion to defer, Willy?
Commissioner Gort: Yes. sir.
193 July 13, 199c
The following motions was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-550
A MOTION TO DEFER AGENDA ITEM 77 (AUTHORIZING THE CITY
MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REGARDING A
LOAN UNDER THE %IUD SECTION 108 PROGRAM IN AN AMOUNT NOT TO
EXCEED $10 MILLION, FOR THE PURPOSE OF FINANCING THE
DEVELOPMENT OF A FOREIGN TRADE ZONE COMPLEX, LOCATED IN THE
WYNWOOD TARGET AREA); FURTHER REQUESTING THE
REPRESENTATIVES OF THE DADE FOREIGN TRADE ZONE, INC. TO MEET
WITH THE CITY MANAGER AND THE CITY ATTORNEY REGARDING SAID
ISSUE PRIOR TO BRINGING IT BACK BEFORE THE CITY COMMISSION FOR IS
CONSIDERATION AND REVIEW.
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.
------------------------------------------------------------------- ---------------------------------------------
83. AUTHORIZE EXTENSION OF DEADLINE (FROM AUGUST 1 TO
SEPTEMBER 1, 1995) FOR RECEIPT OF PROPOSALS FOR
DEVELOPMENT OF MEGA YACHT MARINA AND RELATED USES ON
WATSON ISLAND.
Mayor Clark: Next item is item number 78.
Mr. Cesar Odio (City Manager): It's just to authorize an extension of the deadline from August
1st to August 21st.
Mayor Clark: Give me a motion.
Commissioner Dawkins: Mr. Mayor, on 78, 79 - 78-A, 78-B, you know, I don't see, in my
opinion, where one week is anything to be talking about amendments. I would move that the
Commission date be moved to September 1 instead of August 21st. One week is nothing;
September 4th for 78-A, and September 3rd for 78-B. If you're going to extend, give people
time to look at what you're doing. I mean, you're coming up here with something this thick
and...
Commissioner Gort: Second.
194 July 13,1995
y
Commissioner Dawkins: ... you know, you know the amendments that you're putting in. The
people out here...
Mayor Clark: I gotcha. You're OK. On item 78, what...
Commissioner Dawkins: Move the extension of the deadline from August 1 to September 1.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: All right.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-551
A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEADLINE, FROM
AUGUST 1, 1995 TO SEPTEMEER 1, 1995, FOR THE RECEIPT OF PROPOSALS
FOR THE DEVELOPMENT OF THE MEGA YACHT MARINA AND RELATED
USES ON WATSON ISLAND, PURSUANT TO THE CITY'S REQUEST FOR
PROPOSAL (RFP) DOCUMENT ISSUED MAY 1, 1995, AS AMENDED.
(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
None.
None.
195
July 13, 1995
llwi`yf)
................................................................................................................
84. AUTHORIZE EXTENSION OF DEADLINE (FROM AUGUST 4 TO
SEPTEMBER 1, 1995) FOR RECEIPT OF PROPOSALS FOR
DEVELOPMENT OF A CAMPGROUND AND RELATED RECREATIONAL
FACILITIES ON VIRGINIA KEY -- APPOINT REPLACEMENT MEMBERS
TO REVIEW COMMITTEE FOR UDP. (Appointed: Ron E. Williams, Maggie
Genova-Cordovi, & Miranda Albury; replacing: Herbert J. Bailey, Sergio
Rodriguez & Courtney D. Allen.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On number 78-A.
Commissioner Dawkins: Move the extension to September 4th instead of August 18th.
Mr. Cesar Odio (City Manager): Sir, could I ask you to do it September 1st, because we have to
have...
Commissioner Dawkins: September 1st, yes, sir.
Mr. Odio: We want to make the September 14th date.
Commissioner Dawkins: Yes, yes, don't editorialize.
Mayor Clark: Seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-552
A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEADLINE, FROM
AUGUST 4, 1995 TO SEPTEMBER 1, 1995, FOR THE RECEIPT OF PROPOSALS
FOR THE DEVELOPMENT OF A CAMPGROUND AND RELATED
RECREATIONAL FACILITIES ON VIRGINIA KEY PURSUANT TO THE CITY'S
REQUEST FOR PROPOSAL (RFP) DOCUMENT ISSUED MAY 5, 1995, AS
AMENDED; FURTHER APPOINTING INDIVIDUALS AS REPLACEMENT
MEMBERS TO THE REVIEW COMMITTEE FOR SAID UNIFIED DEVELOPMENT
PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
196 July 13,1995
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.
Mayor Clark: On the next item...
Commissioner Dawkins: September 1 instead of August 16th.
Vice Mayor Plummer: That's on 78-B.
Mayor Clark: Seconded. Cast a unanimous ballot.
Ms. Lucia Dougherty: Mr. Mayor, may I be heard on 78-A, please?
Mayor Clark: "A"?
Ms. Dougherty: Yes. This is the one on Virginia Key, the extension on Virginia Key. I
represent - or actually, I'm here on behalf of Bob Traurig, who represents Eco-Tropical, which is
a potential bidder on 78-A, which is your campgrounds at Virginia Key. And our firm has
looked at certain deed restrictions, and in doing due diligence in connection with the RFP
(Request for Proposals), we have great concerns about the finance ability and the feasibility of
actually getting investors in this project due to a deed restriction that is presently in place. Now,
let me just read you the deed restriction that was placed by Dade County. It says... And what
they always intended, Dade County, was that this would be a public park, and that it would never
be conveyed to anybody else. It says:
"In the event that the City does not use the property as a public park, or conveys,
or attempts to convey all or a portion of the property, then the property described
herein will revert back to the County or its successors or assigns at the option of
the County."
What we're saying is that this attempt to convey... This RFP is an attempt to convey, and
therefore, could revert or kick in this reverter, which would require Dade County to take back the
property. - Now, what the staff has done is they've gotten a letter from DDFM (Department of
Development and Facilities Management), basically saying that, we don't... we don't have a
concern about this deed restriction because you're going to use it as a public park. They don't
say anything about whether or not we can convey the property, and you've already offered it for
conveyance for 45 years. So our concern is the finance ability and - of the property. We have
Richard Montalbano, who is our finance - financial advisor. He says he has never seen this kind
of thing before. I'd like him to come forward and...
Mr. Odio: Lucia, may I, please?
Ms. Dougherty: Sure.
Mr. Odio: 'Maybe I can save a lot ,of time. We have a letter here from the Department of
Development and Facilities Management from the County that clearly says: -
_ July 1.3, 1995 ...
i
"We have reviewed the agenda item, as well as the deed which was prepared at
i.
the time of conveyance and have reached the conclusion that camping is a use
which would be consistent with the deed restriction which provides that the land
is to be used for public park purposes.
As long as you - the successful proposer agrees with these conditions, I do not anticipate that the
County will invoke the deed reverter.
Ms. Dougherty: I understand that.. They're saying public park purposes, but I... The deed also
goes on to say, "and you can't convey it." It not only deals with what the use is, but it says you
can't actually convey it. You've offered it for...
Mr. Jack Luft: Ms. Dougherty.
Ms. Kearson: Mr. Mayor.
Mr. Luft: Ms. Dougherty, they have acknowledged that there is an RFP...
Ms. Kearson: That's right.
Mr. Luft: ... and that there is a proposer, and that will lead to a conveyance, and they have
accepted that
Ms. Dougherty: I understand what you're saying.
Mr. Luft: OK.
Ms. Dougherty: I'm telling you, it's very difficult for a bidder - and I don't think you're going
to get three bidders...
Mr. Luft: Well...
Mayor Clark: Well...
Ms. Dougherty: ... on this property with this deed restriction, as well as a sewer thing that goes
right in the middle of it.
Commissioner Dawkins: OK. Well, that's the chance we have to take.
Ms. Kearson: That's a chance we'd have to take.
Vice Mayor Plummer: Yeah.
Mayor Clark: OK.
Ms., Kearson: We have talked extensively with Dade County about this, and they have assured
us that they have no desire to exercise that option. We feel we can move forward with this
project.
Mayor Clark: I'll make a decision right now. This Commission is in recess until two -thirty.
Vice Mayor Plummer: 5o be it. That answered that question.
198 July 13, 1995
4:
Min A1..L 1V1rjMt ;KN UV THIL CITY COMMISSION,
EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
-- -----------------------------------------------------------------------------------
85. AUTHORIZE EXTENSION OF DEADLINE (FROM AUGUST 3 TO
SEPTEMBER 1, 1995) FOR RECEIPT OF PROPOSALS FOR
DEVELOPMENT OF. MIAMI MARINE STADIUM AND ANCILLARY
RECREATION RELATED SERVICES ON VIRGINIA KEY.
Mayor Clark Let's have your attention, please. Seventy-eight-B.
Vice Mayor Plummer: Mr. Mayor, I protest. Willy Gort's got three pocket items.
Mayor Clark: We're not going to handle those yet.
Mr. Odio: We passed "A", Mr. Mayor?
Mayor Clark: We passed "A".
Vice Mayor Plummer: Where are we?
Mayor Clark: Seventy-eight-B.
A. Quinn Jones, III, Esq. (City Attorney): No. You passed both of them on unanimous
consensus.
Mayor Clark: No, we didn't. The Clerk said we did not.
Vice Mayor Plummer: All right. I move 78-B, to move it over to September the 1st. Isn't that
what we're doing on all of them?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I move it.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
199 July 13, 1995
( The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
' RESOLUTION NO.95-553
A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEADLINE, FROM
AUGUST 3, 1995 TO SEPTEMBER 1, 1995, FOR THE RECEIPT OF PROPOSALS
FOR THE DEVELOPMENT OF THE MIAMI MARINE STADIUM AND
ANCILLARY RECREATION RELATED SERVICES ON VIRGINIA KEY
PURSUANT TO THE CITY'S REQUEST FOR PROPOSAL (RFP) DOCUMENT
ISSUED MAY 3, 1995, AS AMENDED.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
85. CLARIFY CITY POLICY PERTAINING TO SCHEDULE OF LEASE
PAYMENTS FOR CITY PROPERTY DEVELOPED AND/OR CONVEYED
AS RESULT OF UNIFIED DEVELOPMENT PROCESSES (UDP).
i
--- -- - ------------ ---------------------------------------------------------------------------------
Mayor Clark: Seventy-eight-C.
Commissioner Dawkins: Same. Move it.
Vice Mayor Plummer: No, wait a minute. That's different.
" Commissioner Dawkins: Yeah, "C" is different. OK.
Vice Mayor Plummer: What does "C" do?
Ms. Diane Johnson: "C" is a clarification of City policy regarding schedule of payments for
"! leases.
Vice Mayor Plummer: That nobody will be able to beat the Cityout of money an more and we
get enough money up front?
Y Y
Ms. Johnson: Yes, exactly.
Vice Mayor Plummer: Money up front.
200 July 13, 1995
"
Ms. Johnson: Well, we're... We would like the authority to negotiate that during the lease
negotiations, with the approval of the City Commission of the final lease terms.
Vice Mayor Plummer: No less than ten percent of the annual fee. That's approximately at least
one month.'
Mayor Clark: All right.
Vice Mayor Plummer: I move 78-C, Mr. Mayor, with that proviso.
Mayor Clark: All right. Is there a second?
Ms. Johnson: Pardon me?
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-554
A RESOLUTION CLARIFYING THE POLICY OF THE CITY OF MIAMI
PERTAINING TO THE SCHEDULE OF LEASE PAYMENTS FOR CITY PROPERTY
DEVELOPED AND/OR CONVEYED AS THE RESULT OF UNIFIED
DEVELOPMENT PROCESSES, PROVIDING THAT ALTERNATIVE SCHEDULE(S)
MAY BE CONSIDERED BY CITY DURING LEASE NEGOTIATIONS AS WELL AS
OTHER PAYMENT CONDITIONS AS HEREIN SPECIFIED, SUBJECT TO
COMPLIANCE WITH ALL APPLICABLE CITY CHARTER AND CODE
PROVISIONS AND TO FINAL APPROVAL OF THE CITY COMMISSION, AND
PROVIDED THAT IN NO EVENT SHALL LEASE/RENTAL PAYMENTS BE
WAIVED, FURTHER DIRECTING THE CITY MANAGER TO ISSUE AN
ADDENDUM TO ALL POTENTIAL PROPOSERS REGARDING THIS
CLARIFICATION.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
None.
ABSENT:
Commissioner Victor De Yurre
201
July 13, 1995
oitpj
Mayor Clark: Seventy-nine.
Vice Mayor Plummer: Seventy-nine. There's some people that came to my office that wish to
speak on the issue.
Mayor Clark: Let's hear them. Persons on 79 who wish to speak? Yes, ma'am. Give us your
name and address for the record.
Ms. Pastaroff: My name is Nancy Pastaroff. I'm a certified public accountant. My address is
10300 Sunset Drive, Miami, Florida, 33173. I am the president of the firm of Goldstein,
Pastaroff, Barja and Company. We were the minority -owned accounting firm originally selected
to review the developer proposals for the Watson Island Mega Yacht Marina. We were on the
agenda of April 27th, we were on the agenda of May 11th, and we were passed over or deferred
twice, and now, another firm which was not at that time certified has been permitted to come in,
and - with late certification - and has been awarded a proposal to perform work for which we
were originally judged well qualified. And we would like an explanation, and possibly a return
to our former status.
Mayor Clark: Mr. Manager?
Ms. Diane Johnson: When the item was last presented to the City Commission, we were
directed to go through the process once again. Subsequently, there was a modification to the
minority procurement ordinances, which redefined a minority firm to eliminate restrictions on
the number of employees and the assets or the net worth held by the company. We subsequently
went out. This firm did resubmit, the other firms did as well, and the firm we're recommending
was ranked higher than this particular firm.
Vice Mayor Plummer: Let me ask this question, if I may. It was my understanding, according
to Miller Dawkins, that what we were seeking to do was get minority firms.
Ms. Johnson: Correct.
Vice Mayor Plummer: This is a minority firm.
Ms. Johnson: Correct.
Vice Mayor Plummer: Why, in the first instance, were they recommended, and in the second
instance, what changed it that they're not recommended?
Ms. Johnson: Additional firms were qualified as minority firms in the interim, and another
minority firm was ranked higher in the subsequent review process.
202 July 13,1995
u
Vice Mayor Plummer:. All right. Sharpton and Brunson are personal friends of mine, like
everybody up here. They are now being selected to do two out of the five, and yet this firm, a
female firm, is not getting anything. Now, how do you justify that?
Ms. Johnson: According to the ranking that the committee did put forth, that the staff did put
forth, they did not rank as high.
Ms. Pastaroff: May I say something?
Mayor Clark: When she's finished, you may.
Mr: Cesar Odio (City Manager): If we can... We can meet with them and maybe we can add
them in somewhere.
Mr. Luft: Commissioner...
Vice Mayor Plummer: Well, if you can add them in, that's fine. All I'm saying is, you know, I
don't think we want to be sitting up here saying what kind of minorities, as long as it is equal
across the board.
Commissioner Gort: Mr. Mayor.
Vice Mayor Plummer: And all of the things that I've sat here for, and I've defended the
minority firms to the 17, 17, and 17, all the way across. Here's a woman minority, and I just
found it interesting to find out that they lost out. Now, if you're going to add them in and give
them a piece or something, I'll shut up.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: My understanding, and correct me if I'm wrong, Commissioner Dawkins,
in a deferral that Commissioner Dawkins did, he said that he was surprised there were not more
minority firms bidding for this job, because there was only one at the time. I think right here,
right now, you have one, two, three, four, five different jobs that need to be done, and I think we
can select one person to each one of those jobs.
Mr. Luft: That's correct.
Commissioner Gort: OK?
Mr, Luft: This firm is qualified.
Commissioner Gort: If the staff doesn't have any problem, I think these individuals, this firm, I
think, was qualified, for number one for the mega yacht.
Mr. Luft: They only applied for one.
Commissioner Gort: What was the one they bid for originally, the first time?
Vice Mayor Plummer: This one.
Commissioner Gort: The Mega Yacht. OK.
203
July 13,1995
Ms. Johnson: Correct. Now, as part of your package, though, you'll see that in this particular
group, the top ranked firm was Sharpton Brunson, the second ranked firm...
Commissioner Gort: I understand.
Ms. Johnson: OK.
Commissioner Gort: But at the same time, they're the top ranking at the Boatyard, which they
can do the other one. That's what I'm saying.
Vice Mayor Plummer: Well, you know, I said to these people when they came to see me, it does
make sense that when you're doing the Mega Yachts and the Boatyard at Virginia Key to have
the two together for the purposes. And if what Sharpton and Brunson is indicating is that they
will put this firm on both of those ventures, then I think that would be fair.
Commissioner Dawkins: I don't.
Vice Mayor Plummer: You don't. OK.
Commissioner Dawkins: We're going right back to where I started from.
Vice Mayor Plummer: All right.
Commissioner Dawkins: I fought all along to get blacks as add-ons.
Mr. Luft: Commissioner...
Commissioner Dawkins: Now I have a black firm that's out front, and this black firm wants to
come back and take a minority female firm and add it on. I mean, we're going backwards, in my
opinion.
Commissioner Gort: Miller, I think...
Commissioner Dawkins: Go ahead and issue it to the people that... Let one have one and let one
have the other. That's what I've been arguing for ever since I've been here.
Vice Mayor Plummer: OK, fine. That's fair. That's fair.
Commissioner Dawkins: Ever since I've been here, that's what I've been arguing for.
Vice Mayor Plummer: That's fair. I have no problem with that at all.
Mayor Clark: Let's just...
Ms. Linda Kearson (Assistant City Attorney): Procedurally, what you need to do, however, is
to...
Mayor Clark: Please, wait a minute. Wait.
Ms. Kearson:... reject the process...
Mayor Clark: Wait just a minute, please. This lady wants to speak.
Ms. Pastaroff. I had wanted to address the issue of qualifications, but I think... We have a letter
that we had faxed to each of you on the Commission last night indicating that if there was any
204
July 13, 1995
question with respect to our qualifications, that we had invited, as a team member, the firm of
Horwath Hospitality Consulting to add to our depth of experience.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: What determines whether you are qualified or not qualified?
Mayor Clark: They had a ranking. We...
Commissioner Dawkins: No, no. She said "the qualifications." Now, what determines whether
you're qualified or not qualified?
Ms. Pastaroff: We answered that question in our proposal.
Commissioner Dawkins: No, ma'am. See...
Ms. Pastaroff: We have the background check...
Commissioner Dawkins: Well, this is the first time I've heard it. I have not read your proposal.
I need for you to tell me, what determines how qualified or unqualified you are?
Mr. Jose Barja: Basically our past experience. My name is Jose Barja. I'm a principal of the
Firm also. We've had experience...
Commissioner Dawkins: You're the principal in the Firm? Didn't she... Then it's not a
minority firm.
Mayor Clark: No. He said "a principal."
Commissioner Dawkins: Oh, "a principal." OIL.
Mr. Barja: She's the president.
Commissioner Dawkins: Go ahead. I'm listening.
Mr. Barja: We... Our proposals for qualifications state that we have experience in...
Mayor Clark: We can't hear you, sir.
Mr. Bar
ja: Our proposal for qualifications state that we have experience in various shopping
centers and commercial property, and the Firm that we are joined with is affiliated with Horwath
International, who has 80 offices around the world.
Commissioner Dawkins: But we hired... We had people to determine who was qualified and not
qualified, and the people who we had qualified qualified everybody, and they didn't say that
Sharpton and Brunson was more qualified than you or less qualified than you. Would you say
that?
Ms. Pastaroff: We were, according to your City staff, we were ranked with different criteria - I
mean in different areas, but we have not seen the ranking.
Commissioner Dawkins: So therefore, you... See, so therefore, you want to go and change the
rank and the rating to fit you so you come out ahead of everybody. We have to leave it like it is,
and I move that we go with the recommendations of the committee, and go.
205
July 13, 1995
e�Y
u
Mayor Clark: Just a minute. Ms. Kearson, now you have something to say.
Ms. Kearson: Procedurally...
Vice Mayor Plummer: May i ask a question?
Mayor Clark: Please, please, let her say it.
Vice Mayor Plummer: Go ahead. I'm sorry.
Ms. Kearson: Procedurally, if you wanted to designate them as a CPA firm, you would have to
reject the process that we went well, you would - that we went through. And you could just
appoint them, because there is no requirement of the Code or Charter that we have a selection
process for CPAs on for a UDP project. But because we did go through a process, you'd have to
reject all of the proposals and the rankings.
Vice Mayor Plummer: I thought we could do it on each individual item.
Ms. Kearson: Well, because you were talking about giving her one of the contracts. You have
already ranked...
Vice Mayor Plummer: OK. Let me tell you where J.L. is, OK? Sharpton and Brunson, you get
your choice, one or the other. They get the other one. That's... You know, I tried to do it the
other way, but they don't feel that that's the way to do it, but that's where I'm... that's what my
vote is.
Commissioner Gort: Excuse me, Mr. Mayor.
Ms. Kearson: Well...
Commissioner Gort: Mr. Mayor.
Ms. Kearson: We're hearing now that she didn't even apply on all of them. It was clarified...
Commissioner Gort: Mr. Mayor.
Vice Mayor Plummer: No. She applied...
Ms. Johnson: She only applied for the Mega Yacht.
Vice Mayor Plummer: Right..
Commissioner Gort: Yeah. OK.
Mayor Clark: Mr. Gort.
Commissioner Gort: Well, I was just going to say that she only applied for one. She only
applied for the Mega Yacht.
Mr. Luft: We would recommend that the Mega Yacht Marina be given to this firm and that the...
Commissioner Dawkins: Which one paid more money? Because, see, I ain't going for this if...
206 July 13, 1995
Mr. Luft: I'm...
Commissioner Dawkins: All right, OK.
Mr. Luft: I can only tell you, sir, the amount of money is dependent upon the number of
proposals. My guess is we're going to get more proposals on the Boatyard, and they would be
happy to have the Boatyard.
Vice Mayor Plummer: All right. I will move 79 be given to the firm of Goldstein, Pastaroff,
Barja and Company. I'll move that, and I'll move Sharpton for the other one. Sharpton is also
back on item 90, so he's got another bite at the apple back here.
Commissioner Dawkins: How long has he been fighting here trying to get on any of them? The
whole 13 years I've been here.
Vice Mayor Plummer: How many times have I fought for him?
Commissioner Dawkins: All right. I'm saying the 13 years that I've been here.
Vice Mayor Plummer: OK.
Mayor Clark: All right. Let's move.
Vice Mayor Plummer: I move the firm of Goldstein, Pastaroff and Barja - am I close?
Commissioner Gort: I don't think so. Barja.
Vice Mayor Plummer: - be given item 79, for which they, in the initial process, were qualified
for. I so move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
207
July 13, 1995
EM
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-555
A RESOLUTION SELECTING THE CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRM OF GOLDSTEIN, PASTAROFF & BARJA, IN ASSOCIATION WITH THE
FIRM OF HORWATH HOSPITALITY, TO EVALUATE PROPOSALS RECEIVED IN
CONNECTION WITH A REQUEST FOR PROPOSALS (RFP) FOR THE UNIFIED
DEVELOPMENT OF A MEGA YACHT MARINA ON WATSON ISLAND, ISSUED
MAY 1, 1995; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH THE SELECTED CPA FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SELECTED CPA FIRM
FOR THE EVALUATION OF SAID PROPOSALS.
(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
----------------------------------------------------------------------------------------------------------------
88. SELECT FEMALE -OWNED CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRM: WATSON AND COMPANY -- TO EVALUATE PROPOSALS TO BE
RECEIVED IN CONNECTION WITH RFP FOR UNIFIED DEVELOPMENT
OF A MARINE STADIUM / AMPHITHEATER FACILITY ON VIRGINIA
]KEY -- EXECUTE AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 80.
Vice Mayor Plummer: Who is the female firm for 80?
Ms. Diane Johnson: Watson and Company.
Ms. Pastroff: Thank you very much.
Vice Mayor Plummer: Are there any questions, any objections? I so move.
Commissioner Gort: Second.
Unidentified Speaker: Thank you very much.
208 July 13, 1995
Vice Mayor Plummer: That's female and black.
Mayor Clark: Call the roll.
Vice Mayor Plummer: You got two shots.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-556
A RESOLUTION SELECTING THE FEMALE OWNED CERTIFIED PUBLIC
.ACCOUNTING (CPA) FIRM OF WATSON AND COMPANY TO EVALUATE
PROPOSALS TO BE RECEIVED IN CONNECTION WITH A REQUEST FOR
PROPOSALS (RFP) FOR THE UNIFIED DEVELOPMENT OF A MARINE
STADIUM/AMPHITHEATER FACILITY ON VIRGINIA KEY, MIAMI, ISSUED ON
MAY 3, 1995; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH THE SELECTED CPA FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE EVALUATION OF SAID
r . PROPOSALS.
i (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
------------------------------------------------------------------- -
89. SELECT CERTIFIED PUBLIC ACCOUNTING (CPA) TEAM COMPRISED
OF HISPANIC -OWNED FIRM: VERDEJA &r. GRAVIER IN ASSOCIATION
WITH KPMG PEAT MARWICK -- TO EVALUATE PROPOSALS TO BE
RECEIVED IN CONNECTION WITH RFP FOR UNIFIED DEVELOPMENT
OF A CAMPGROUND AND RELATED FACILITIES ON VIRGINIA KEY --
AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE AGREEMENT.
------------ ------- --------- ---- -------------------------------------------------------------------
Mayor Clark: Eighty-one.
Vice Mayor Plummer: Who's the recommended firm for 81?
Commissioner Gort: Verdeja Gravier, Peat Marwick.
Vice Mayor Plummer: Who?
209 July 13, 1995
Ms. Diane Johnson: Verdeja & Gravier in Association with KPMG Peat Marwick.
Vice Mayor Plummer: Is there any objection?
Commissioner Gort: No,
Vice Mayor Plummer: I move it.
Commissioner Gort: Second.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-557
A RESOLUTION SELECTING THE CERTIFIED PUBLIC ACCOUNTING (CPA)
TEAM COMPRISED OF THE HISPANIC OWNED FIRM OF VERDEJA & GRAVIER
IN ASSOCIATION WITH THE FIRM OF KPMG PEAT MARWICK, TO EVALUATE
PROPOSALS TO BE RECEIVED IN CONNECTION WITH A REQUEST FOR
PROPOSALS FOR THE UNIFIED DEVELOPMENT OF A CAMPGROUND AND
RELATED FACILITIES ON VIRGINIA KEY, MIAMI, ISSUED ON MAY 5, 1995;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH THE SELECTED CPA TEAM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE EVALUATION OF SAID
PROPOSALS.
(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:
lid;3
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
None.
Commissioner Victor De Yurre
210
July 13, 1995
A
Mayor Clark: Eighty-two.
Vice Mayor Plummer: I move for "Klim-Kaddiddle-Hopper, Poo-poopnik" and... Are there any
objections to Sharpton and Brunson? None whatsoever. I move it.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll.
Mr. Walter Foeman (City Clerk): Roll call. Vice Mayor Plummer.
Vice Mayor Plummer: Yes.
Mr. Foeman: Commissioner Gort. ,
Commissioner Gort: Yes.
Mr. Foeman: Commissioner Dawkins.
Commissioner Dawkins: Yes.
Mr. Foeman: Mayor Clark.
Mayor Clark: Yes, sir. Item 83.
Vice Mayor Plummer: What is this one one?
Ms. 'Johnson: Before you move, we need appointments to the review committee for the
Boatyard.
Mayor Clark: Who's on the committee now?
Ms. Johnson: I have a list. This is the review committee for the review of the proposals. I have
at this point on a list of recommended names, Harris Shoopman, John Brennan, Reverend John
White, Rolando Delgado, among members of the public. There are additional members of the
public...
Vice Mayor Plummer: This is the Boatyard?
Ms. Johnson: This is the Virginia Key. Boatyard.
211 July 13, 1995 '
Ms. Johnson: We could make it John Brennan or designee.
Vice Mayor Plummer: If he's not available, then come back to me and I'll designate someone
else.
Ms. Johnson: As an alternate?
Vice Mayor Plummer: Come back to me. I'll... on someone else.
Ms. Johnson: OK. You could submit the name to the City Manager, and that way we won't
have to...
Mayor Clark: Did you ask Mr. Dawkins for his...
Ms. Johnson: I would like to at this point seek a name from Commissioner Dawkins.
Commissioner Dawkins: I'll give it to you in writing by Monday.
Ms. Johnson: Thank you, sir. Staff, we would recommend Phil Luney, Ana Sardina, Bibi
Laguido and Nancy Fernandez.
Vice Mayor Plummer: What qualifications do any of those have in reference to a boatyard?
Ms. Johnson: Mr. Luney is a...
Mr. Cesar Odio (City Manager): They're City employees.
Vice Mayor Plummer: I understand they're City employees, but that doesn't make them
educated.
Mr. Odio: Well, Ana Sardina is...
212
July 13, 1995
Ms. Johnson: Asset Management.
Mr. Odio: ... in Asset Management. She does have...
Unidentified Speaker: She handles the leases.
Mr. Odio: She handles the leases.
Ms. Johnson: Leases.
Ms. Johnson: Bibi...
Mr. Odio: Phil Luney is financial, the Assistant Director in Finance.
Ms. Johnson: Bibi is in Marinas Management.
Vice Mayor Plummer: I think we're rapidly going to come to the fact that we're not going to
have staff on any of these things, but right now, we do.
Ms. Johnson: By Charter, we must have a number of City officials or staff.
Vice Mayor Plummer: Fine. One out of five ain't bad.
Ms. Johnson: Certainly.
Mayor Clark: All right. Do we have to approve those?
Vice Mayor Plummer: So move.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-558
A RESOLUTION APPOINTING MEMBERS TO A REVIEW COMMITTEE AND
SELECTING THE BLACK OWNED CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRM OF SHARPTON BRUNSON & COMPANY TO EVALUATE PROPOSALS
RECEIVED IN CONNECTION WITH A REQUEST FOR PROPOSALS (RFP) FOR
THE UNIFIED DEVELOPMENT OF A BOATYARD FACILITY ON VIRGINIA KEY,
MIAMI, ISSUED ON MAY 30, 1995, FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE
SELECTED CPA FIRM IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
FOR THE EVALUATION OF SAID PROPOSALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
213 July 13,1995
P
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
----------------------------------------------------------------------------------------------------------------
91. APPOINT MEMBERS TO REVIEW COMMITTEE AND SELECT CERTIFIED
PUBLIC ACCOUNTING (CPA) TEAM COMPRISED OF HISPANIC -OWNED
FIRM: WATSON RICE HADNOTT THOMPKINS & CRUZ, P.A. -- TO
EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH RFP FOR
UNIFIED DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION ON
WATSON ISLAND -- AUTHORIZE MANAGER TO NEGOTIATE /
EXECUTE AGREEMENT. (Appointed: William Talbert, David Hill, Phillip
Blumberg & Matthew Cicero; staff members: Enrique Nunez, Karen Coplin
Cooper, Alberto Ruder, Charlene Adelman, & Dianne Johnson [alternate].)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-three.
Commissioner Dawkins: Coming back to 83, for a point of information.
Ms. Johnson: Yes, sir.
Commissioner Dawkins: Watson is the female certified on 80. In 83, you got the firm of
Watson, Rice, Hadnott, Thompkins & Cruz. Is that the same Watson?
Ms. Johnson: Not the same firm.
Commissioner Dawkins: Beg your pardon?
Mayor Clark: Not the same.
Ms. Johnson: They are not the same.
Commissioner Dawkins: OK. Put it in the record so we...
Vice Mayor Plummer: Well, who is Sanson?
Mr. Jack Luft: Sanson and Kline.
Ms. Johnson: Sanson, Kline, Jacomino.
Vice Mayor Plummer: That's different than the other Sanson?
214
July 13, 1995
;.L
i
f
Mr.Odio: (Inaudible.)
Vice Mayor Plummer: Oh, OK.
Mayor Clark: No, that's the same one.
Commissioner Dawkins: OK. Move it.
Mayor Clark: There's a motion.
Ms. Johnson: The review committee members, I have on the list William Talbert, Phillip
Blumberg, Matthew Cicero. I...
Vice Mayor Plummer: That's staff?
Ms. Johnson: Those are members of the public.
Vice Mayor Plummer: All right.
Commissioner Gort: I nominated Phil Blumberg.
Ms. Johnson: Phil Blumberg from you, yes.
Mayor Clark: Did I nominate someone?
Ms. Johnson: Commissioner Plummer or Vice Mayor Plummer and Commissioner Dawkins are
those that I need names from.
Commissioner Dawkins: Wait a minute.
Vice Mayor Plummer: I'll...
Commissioner Dawkins: I'm sorry.
Vice Mayor Plummer: I'll give you Dave Hill.
Ms. Johnson: Thank you.
Commissioner Dawkins: You mean to say that we got two committees dealing with this one
item...
Ms. Johnson: No.
Commissioner Dawkins:... and I have to put people on two committees?
Ms. Johnson: There are two separate projects, sir.
Commissioner Dawkins: Two separate what?
Ms. Johnson: Two different projects.
Commissioner Dawkins: Oh, OK.
Ms. Johnson: This is the botanical garden on Watson Island.
215 July 13, 1995
4w
Vice Mayor Plummer: That's what I was told.
Ms. Johnson: Members of staff would be Enrique Nunez, Karen Coplin Cooper, Alberto Ruder
and Charlene Adelman.
Mayor Clark: All right.
Vice Mayor Plummer: I mean, you know, you're putting people... I'll go along with it, all right?
But, I mean, you're putting people there that, in my estimation, don't have expertise. OK? It's
just that simple. But you want... You got to have them there. The private sector outweighs the
staff.
Mr. Johnson: Yes, there are more of private sector than staff.
Vice Mayor Plummer: Take it from there. I'll move that those be accepted.
Ms. Johnson: Thank you.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second, Mr. Mayor.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-559
A RESOLUTION APPOINTING MEMBERS TO A REVIEW COMMITTEE AND
SELECTING THE CERTIFIED PUBLIC ACCOUNTING (CPA) TEAM COMPRISED
OF THE HISPANIC OWNED FIRM OF SANSON KLINE JACOMINO AND
COMPANY IN ASSOCIATION WITH THE FIRM OF WATSON RICE HADNOTT
THOMPKINS & CRUZ, P.A. TO EVALUATE PROPOSALS RECEIVED IN
CONNECTION WITH A REQUEST FOR PROPOSALS (RFP) FOR THE UNIFIED
DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION ON WATSON
ISLAND, MIAMI, ISSUED ON MAY 30, 1995; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE
SELECTED CPA TEAM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE EVALUATION OF SAID PROPOSALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
216 July 13,1995
Commissioner Miller j. Uawxms
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: Item 84.
Commissioner Gort: Mr. Mayor, I'd like to ask a question.
Mayor Clark: Did we move on 83?
Ms. Johnson: That's...
Commissioner Gort: No, on 83, did we appoint the CPA firm on 83?
Ms. Johnson: Yes.
Mr. Walter Foeman (City Clerk): Just the selection committee that's all.
Ms. Johnson: And... Well, we read into the record the CPA firm would be Sanson, Kline,
Jacomino...
Commissioner Gort: OK.
Ms. Johnson:... in association with Watson...
Commissioner Gort: OK, that's on 83.
Ms. Johnson: Correct,
Commissioner Gort: OK. Thank you.
Mayor Clark: OK, that's been moved...
Commissioner Dawkins: Did we call the roll on it?
Mayor Clark: That's been moved.
Vice Mayor Plummer: Wait a minute. I have a question on 90.
217
July 13, 1995
w,:
1
Ark
92. APPROVE, IN PRINCIPLE, DESIGNATION OF EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION AS SPONSOR TO
UNDERTAKE DEVELOPMENT OF A 50-75 UNIT RESIDENTIAL / RETAIL
MIXED USE PROJECT AT 1435, 1453 & 1461 S.W. 8 STREET, WITH
CONDITIONS - DIRECT EAST LITTLE HAVANA COMMUNITY
CORPORATION TO PREPARE / FINALIZE PROJECT PLANS /
SPECIFICATIONS / CONSTRUCTION / PERMANENT FINANCING /
CONSTRUCTION SCHEDULE TO BE SUBMITTED WITHIN 12 MONTHS
FOR FINAL APPROVAL BY THE COMMISSION -- AUTHORIZE
MANAGER TO NEGOTIATE ACCEPTABLE RETURN TO CITY FOR
VALUE OF PARCELS WITH EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION, PREDICATED ON A LAND
REIMBURSEMENT PROVISION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-four.
Commissioner Dawkins: Let's go to 84.
Vice Mayor Plummer: OK. But now, is that Sanson? Which Sanson is that?
Ms. Diane Johnson: Item number 90?
Vice Mayor Plummer: Yeah.
Mayor Clark: Let's go in line here. We'll get back to it, J.L.
Ms. Johnson: I don't believe that's our item, but I'll get that answer for you.
Vice Mayor Plummer: OK. I'll come...
Mayor Clark: Item 84. Approving in principle the designation of East Little Havana...
Commissioner Dawkins: Move it.
Commissioner Gort: Second.
Mayor Clark: Any exception? Hearing none, we'll cast a unanimous ballot. It's been approved.
Commissioner Gort: Thank you. That was a great presentation.
218 July 13, 1995
The following resolution was introduced by Commissioner Dawkins, wno movea its aaoption:
RESOLUTION NO.95-560
A RESOLUTION, WITH ATTACHMENTS, APPROVING IN PRINCIPLE, THE
DESIGNATION OF THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, A NOT -FOR -PROFIT CORPORATION, AS SPONSOR TO
UNDERTAKE THE DEVELOPMENT OF A 50-75 UNIT RESIDENTIAL/R.ETAIL
MIXED USE PROJECT CONSISTING OF 10,000-15,000 SQUARE FEET OF RETAIL
SPACE PLANNED FOR DEVELOPMENT ON SIX (6) PARCELS OF VACANT
LAND UNDER CITY -OWNERSHIP LOCATED AT 1435, 1453 AND 1461
SOUTHWEST STH STREET IN THE LITTLE HAVANA NEIGHBORHOOD,
SUBJECT TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO
THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND
PERMANENT FINANCING; DIRECTING THE EAST LITTLE HAVANA
COMMUNITY CORPORATION TO PREPARE AND FINALIZE PROJECT PLANS
AND SPECIFICATIONS, CONSTRUCTION AND PERMANENT FINANCING, AND
CONSTRUCTION SCHEDULE TO BE SUBMITTED WITHIN TWELVE (12)
MONTHS OF THE DATE OF THIS ACTION FOR FINAL CONSIDERATION AND
APPROVAL BY THE CITY COMMISSION; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN ACCEPTABLE RETURN TO THE CITY FOR THE
VALUE OF SAID PARCELS WITH THE EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION, PREDICTED ON A LAND REIMBURSEMENT
PROVISION.
(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:
ABSENT:
None.
Commissioner Victor De Yurre
219
93. AUTHORIZE MANAGER TO SECURE TWO APPRAISALS CONCERNING
LAND FOR DEVELOPMENT OF 130 UNITS OF AFFORDABLE HOUSING
AT S.W. 10 STREET AND S.W. 2 AVENUE (OLD UNITED WAY
PROPERTY) BY THE DOWNTOWN MIAMI COMMUNITY
DEVELOPMENT COALITION -- AUTHORIZE MANAGER TO ALLOCATE /
DISBURSE FUNDING ($825,000) FROM CI'I'Y'S HOME INVESTMENT
PARTNERSHIP PROGRAM TO DEFRAY SITE ACQUISITION COST PLUS
$25,000 (COSTS) -- ESTABLISH $412,000 (OR 50%) OF CITY'S ACTUAL
FINANCIAL ASSISTANCE TO THE PROJECT AS THE AMOUNT TO BE
REIMBURSED BY PROJECT SPONSOR -- AUTHORIZE MANAGER TO
EXECUTE ALL LEGAL DOCUMENTS. (See label 53)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. On item 85.
Commissioner Dawkins: Move it.
Commissioner Gort: Second.
Vice Mayor Plummer: The only question I have on this is the idea of what money does the City
get back? What position does the City have?
Commissioner Gort: Fifty percent of the... My understanding is 50 percent of the money would
be paid back by the individuals.
Vice Mayor Plummer: Is this for ownership or rentals?
Commissioner Gort: Rentals.
Mr. Frank Castaneda: This is rental.
Mr. Odio: OK. If this project fails, does it revert back to the City?
Commissioner Dawkins: Yes.
Commissioner Gort: No.
Mr. Castaneda: No.
Vice Mayor Plummer: Who gets it?
Commissioner Gort: It's a tax... What do you call them?
Mr. Castaneda: It's a tax credit.
Ails. Diane Johnson: Tax credit.
Commissioner Gort: It's a tax credit application, so they have to comply with it.
Mr. Castaneda: It's a tax credit, and we would have a second mortgage.
220 July 13, 1995
4
Vice Mayor Plummer: How much is... The City is putting up Federal money?
Mr. Castaneda: Yes.
Commissioner Dawkins: Home money.
Ms. Johnson: CDBG (Community Development Block Grant) money.
Commissioner Dawkins: The same money we gave...
Vice Mayor Plummer: Who will be the owner of the project?
Commissioner Gort: Downtown CDC...
Vice Mayor Plummer: Who?
Commissioner Gort: It's the Downtown... the Community Development Corporation.
Vice Mayor Plummer: Oh. I'm sorry. I should have never asked the question. Thank you.
Commissioner Gort: That's the one I chair.
Vice Mayor Plummer: No, no, that's fine, as long as...
Mr. Cesar Odio (City Manager): (Inaudible, speaking off mike.)
Vice Mayor Plummer: Hey, as long as the DDA or a governmental agency is involved and will
hold...
Mayor Clark: Give me a motion.
Vice Mayor Plummer: ... that's fine.
Commissioner Gort: It's been moved and seconded.
Mr. Castaneda: Commissioners, we need to change something.
Mayor Clark: What?
Mr. Castaneda: Commissioners, the downtown group is requesting that we trade monies
between the East Little Havana group in item 28 and this item 85. In effect, what they would
like to do is to give the eight hundred and twenty-five thousand ($825,000) of home money to
the East Little Havana project, and for them to get the eight hundred and twenty-five thousand
($825,000) of CDBG money. It affects their tax credits, and it does not have... That does not
have that type of impact for East Little Havana. 5o we would like to do a trade here between
item 28 and item 85 in the sources of funding.
Commissioner Gort: Make that part of the motion.
Vice Mayor Plummer: But this is under the auspices of DDA (Downtown Development
Authority).
I Commissioner Gort: It's a technical thing there.
221 July 13, 1995
,tlti�`,6i
j
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: It's a technical thing.
Mayor Clark: You move that? You moved that Willy?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: It's under the auspices of DDA.
Commissioner Gort: Yes.
Mayor Clark: Cast a unanimous ballot, Walter.
Vice Mayor Plummer: And you're going to be the one that's looking after it.
Commissioner Gort: I'm the chairperson for that.
Vice Mayor Plummer: Fine. I'll move it, or I'll second.
Mayor Clark: It's been moved and seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-561
A RESOLUTION, WITH ATTACHMENTS, RELATING TO PURCHASE OF LAND
FOR THE DEVELOPMENT OF APPROXIMATELY ONE HUNDRED THIRTY (130)
UNITS OF AFFORDABLE HOUSING ON THE OLD UNITED WAY PROPERTY
LOCATED AT SW 10TH STREET AND SW 2ND AVENUE, MIAMI, FLORIDA, BY
THE DOWNTOWN MIAMI COMMUNITY DEVELOPMENT COALITION (A NOT -
FOR -PROFIT CORPORATION); AUTHORIZING THE CITY MANAGER TO
SECURE TWO (2) APPRAISALS TO ESTABLISH THE FAIR MARKET VALUE OF
THE SUBJECT PARCEL FOR THE PURPOSE OF PROVIDING CITY FINANCIAL
ASSISTANCE TO THE DOWNTOWN MIAMI COMMUNITY DEVELOPMENT
COALITION (PROJECT SPONSOR) FOR THE ACQUISITION OF THE SUBJECT
PARCEL; AUTHORIZING THE CITY MANAGER TO REALLOCATE AND
DISBURSE FUNDING FROM UNEXPENDED COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FUNDS, FROM CDBG PROJECT ENTITLED
"CITYWIDE SINGLE FAMILY HOUSING REHABILITATION LOAN PROGRAM
REVENUE ACCOUNT" TO "CDBG PROJECT LAND ACQUISITION,' IN AN
AMOUNT NOT TO EXCEED $825,000, TO THE AFOREMENTIONED
CORPORATION TO DEFRAY THE COST OF SITE ACQUISITION AND $25,000
FOR OTHER COSTS ASSOCIATED WITH SITE ACQUISITION, SUBJECT TO
CERTAIN TERMS AND CONDITIONS AS HEREIN SPECIFIED, AND TO SUBMIT
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN
AMENDMENT TO THE 21ST CDBG FINAL STATEMENT PROVIDING FOR SAID
REALLOCATION; ESTABLISHING $412,500 OR FIFTY (50%) PERCENT OF THE
CITY'S ACTUAL FINANCIAL ASSISTANCE TO THE PROJECT AS THE
AMOUNT TO BE REIMBURSED TO THE CITY BY THE PROJECT SPONSOR;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE
APPROPRIATE LEGAL DOCUMENTS REQUIRED TO CARRY OUT THE
DEVELOPMENT OF THE SAID AFFORDABLE HOUSING PROJECT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO CERTAIN TERMS
AND CONDITIONS AS HEREIN SPECIFIED.
(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
None.
Commissioner Victor De Yurre
223
July 13, 1995
4-
----------------------------- -
94. (A) AUTHORIZE TRANSFER OF FUNDS ($350,000) TO THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AS
ADVANCE PAYMENT OF AD VALOREM TAXES TO BE
RECEIVED FROM METRO DADE COUNTY -- PROVIDE FOR
PAYMENT OF INTEREST TO THE CITY AT 6%.
(B) AUTHORIZE LOAN ($650,000) TO DDA TO PROVIDE INTERIM
FINANCING FOR CONSTRUCTION OF AN INTERNATIONAL
TRADE CENTER IN FORMER JORDAN MARSH BUILDING (4TH
FLOOR, 1601 BISCAYNE BOULEVARD) -- PENDING
DISBURSEMENT OF $2,500,000 GRANT AWARDED BY U.S.
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) TO DDA - LOAN AGREEMENT TO BE
EXECUTED BY DDA PRIOR TO FIRST DRAW.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 86.
Mr. Cesar Odio (City Manager): This is to transfer the three hundred and fifty thousand dollars
($350,000) to the DDA from the general fund. It's an advance. This is an advance to ad
valorem taxes.
Commissioner Dawkins: Move it. We do it every year.
Commissioner Gort: Second.
Commissioner Dawkins: We move it every year, we do it every year. Move it.
Vice Mayor Plummer: I think we ought to get more interest.
Mr. Odio: Might as well do... If there's another... They need six hundred and fifty thousand
($650,000) advance on the...
Commissioner Gort: That's for the development of the...
Mr. Odio:... Intra-Expo, Incorporated, so we might as well do the two at...
Commissioner Dawkins: So you're advancing them a million dollars.
Mr. Odio: Six -fifty and...
Commissioner Dawkins: And three -fifty.
Mr. Odio: and three -fifty.
Commissioner Dawkins: That's a million dollars.
Mr. Odio: Advance.
Vice Mayor Plummer: Well, wait a minute. That money on the Expo is Federal money.
224 July 13,1995
Commissioner Gore Right. That will be...
Vice Mayor Plummer: That's two and a half million dollars.
Mr. Odio: Yeah, but we get the money back immediately. So.
Commissioner Gort: We work in a reimbursement package, so we have to get the money back
immediately. But we have to develop the site and get it going.
Vice Mayor Plummer: OK. As you know, I started it.
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: OK. But what I'm saying is...
Commissioner Gort: But I finished it.
Vice Mayor Plummer: Maybe.
Mr. Odio: It's not finished yet.
Vice Mayor Plummer: What I'm saying is, we will get that money back.
Commissioner Gort: Yes.
Vice Mayor Plummer: It's a loan.
Commissioner Dawkins: The Mayor and I are just along for the ride.
Vice Mayor Plummer: All right. OK.
Mayor Clark: Everybody starts and finishes, and here we are just treading water.
Vice Mayor Plummer: There you go.
Mayor Clark: OK. Motion by Willy. Seconded by the starter and moved by the finisher.
Vice Mayor Plummer: This is on 87?
Mayor Clark: Eighty-six.
Commissioner Gort: Eighty-six.
Mayor Clark: Cast a unanimous ballot.
Vice Mayor Plummer: OK.
The following resolutions were introduced by Vice Mayor Plummer, who moved their adoption:
RESOLUTION NO.95-562
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT
OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) TO THE
DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FROM THE GENERAL
FUND AS AN ADVANCE PAYMENT OF AD VALOREM TAXES TO BE
RECEIVED FROM METRO DADE COUNTY BY THE CITY OF MIAMI ON
BEHALF OF THE DDA; PROVIDING FOR REPAYMENT BY DDA BEFORE THE
END OF THE 1995-1996 FISCAL YEAR; PROVIDING FOR THE PAYMENT OF
INTEREST TO THE CITY OF MIAMI AT THE RATE OF SIX PERCENT (6%) PER
ANNUM; AND PROVIDING FOR A SCHEDULE FOR THE SUBJECT FUNDS
TRANSFER TO THE DDA.
RESOLUTION NO.95-562.1
A RESOLUTION APPROVING A LOAN TO THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA"), IN AN AMOUNT NOT TO EXCEED $650,000, TO
PROVIDE INTERIM FINANCING FOR CONSTRUCTION OF AN
INTERNATIONAL TRADE CENTER ON THE FOURTH FLOOR OF THE FORMER
JORDAN MARSH BUILDING, LOCATED 1601 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, PENDING DISBURSEMENT OF A TWO MILLION FIVE HUNDRED
THOUSAND DOLLAR ($2,500,000) GRANT AWARDED BY THE UNITED STATES
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION ("EDA") TO THE DDA FOR THIS PURPOSE; PROVIDING
FOR THE DISBURSEMENT OF UP TO ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000) ON APPROXIMATELY SEPTEMBER 15, 1995, AND
MONTHLY DRAWS THEREAFTER, AS NEEDED; FURTHER PROVIDING FOR
DDA'S REPAYMENT OF THE LOAN NOT LATER THAN TWELVE (12) MONTHS
AFTER THE DATE OF THE FIRST DRAW, SAID LOAN TO BE EVIDENCED BY A
LOAN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
BE EXECUTED BY THE DDA PRIOR TO THE FIRST DRAW; ALLOCATING
FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolutions were 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
None.
Commissioner Victor De Yurre
226
July 13, 1995
--------------------------------------------------------------------------
95. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO
ESTABLISH PROPOSED MILLAGE RATE OF ONE-HALF MILL FOR
DOWNTOWN DEVELOPMENT DISTRICT FOR FY OCTOBER 1, 1995 -
SEPTEMBER 30, 1996.
------------------------------------
----------------------------------------------------------------------------
Mayor Clark: Eighty-seven, authorizing the development...
Vice Mayor Plummer: Move it.
Mayor Clark:...Downtown Development Authority to establish a proposed millage rate.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Vice Mayor Plummer: Half a mill.
Mayor Clark: It's always been that way, hasn't it?
Commissioner Gort: Yes.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-563
A RESOLUTION AUTHORIZING THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-
HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1995 AND ENDING SEPTEMBER 30, 1996; AND AUTHORIZING AND
DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE
DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE
BUDGET FOR SAID FISCAL YEAR.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
227
July 13, 1995
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
--------------------------------------------------------------------------------------------
96. PROVIDE FOR ISSUANCE OF ONE OR MORE SERIES OF REVENUE
BONDS IN ORDER TO PAY CERTAIN CITY PENSION AND SEVERANCE
PAY OBLIGATIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-nine.
Vice Mayor Plummer: Eighty-eight.
Commissioner Dawkins: Eighty-eight, Mr. Mayor.
Mayor Clark: Sorry.
Vice Mayor Plummer: Move it.
Mayor Clark: Eighty-eight.
Mayor Clark: OK. Is there a second.
Commissioner Gort: Second.
Mayor Clark: Any discussion?
Vice Mayor Plummer: Wait a minute.
Mayor Clark: Don't discuss it now.
Vice Mayor Plummer: Is this on 88? This is the twenty-five million ($25,000,000)?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: OK. All right.
Mayor Clark: Call the roll.
228 July 13, 1995
,41
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-564
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE
ISSUANCE OF ONE OR MORE SERIES OF REVENUE BONDS OF THE CITY OF
MIAMI, FLORIDA, FOR THE PURPOSES OF PAYING CERTAIN PENSION
OBLIGATIONS. OF THE CITY AND CERTAIN SEVERANCE PAY OBLIGATIONS
OF THE CITY; ESTABLISHING CERTAIN FINANCIAL PARAMETERS,
INCLUDING PARAMETERS AS TO AGGREGATE PRINCIPAL AMOUNT,
INTEREST RATE REDEMPTION, MATURITY AND INVESTMENT OF
PROCEEDS, FOR ALL SUCH BONDS; AUTHORIZING THE PLEDGE OF
CERTAIN NON -AD VALOREM REVENUES OF THE CITY TOWARD THE
REPAYMENT OF ALL SUCH BONDS; COVENANTING TO BUDGET AND
APPROPRIATE CERTAIN NON -AD VALOREM FUNDS OF THE CITY FOR THE
REPAYMENT OF ALL SUCH BONDS; AUTHORIZING THE PREPARATION AND
ENTRY BY THE CITY INTO A TRUST INDENTURE AND SUPPLEMENTS
THERETO FOR THE PURPOSE OF ISSUING AND FURTHER SECURING ALL
SUCH BONDS; AUTHORIZING THE APPOINTMENT OF A TRUSTEE AND
OTHER NECESSARY FIDUCIARIES, AGENTS AND CONSULTANTS WITH
RESPECT TO SUCH BONDS; APPROVING THE NEGOTIATED SALE OF SUCH
BONDS; AUTHORIZING THE PREPARATION AND ENTRY BY THE CITY INTO
ONE OR MORE BOND PURCHASE AGREEMENTS RELATING TO SUCH
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH BONDS
TO THE PURCHASERS THEREOF; AUTHORIZING THE PREPARATION AND
DISTRIBUTION OF APPROPRIATE DISCLOSURE MATERIALS FOR SUCH
BONDS; AUTHORIZING THE COMMENCEMENT OF JUDICIAL VALIDATION
PROCEEDINGS WITH RESPECT TO SUCH BONDS; AUTHORIZING
APPROPRIATE OFFICERS OF THE CITY TO TAKE SUCH OTHER ACTIONS AS
SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH THE SALE AND
ISSUANCE OF SUCH BONDS, INCLUDING BUT NOT LIMITED TO THE
PROCUREMENT OF CREDIT ENHANCEMENT; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
229
July 13, 1995
7
-------------------------------------------------------------------
97. ACCEPT CENTRAL SERVICE COST ALLOCATION SELECTION
COMMITTEE'S RANKING OF TOP FIRMS TO PREPARE ANNUAL
CENTRAL SERVICE COST ALLOCATION PLANS -- AUTHORIZE
MANAGER TO NEGOTIATE CONTRACT WITH DAVID M. GRIFFITH &
ASSOCIATES, LTD. (HIGHEST RANKED FIRM), IN CONJUNCTION WITH
GRAU & COMPANY, P.A.
--------------------------------------------------------
--------------------------------------------------------
Mayor Clark: All right. That's 88. Now we go to 89. Accept the recommendation of the City
of Miami's Central Service...
Vice Mayor Plummer: Move it.
Mayor Clark: Can I read this into the record, so people will know what you're moving and
shaking?
Vice Mayor Plummer: The recommendation of the City of Miami's Central Service Allocation
Selection Committee's ranking of the top firms to prepare the annual central service allocation
plans.
Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Gort. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-565
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY OF
MIAMI'S CENTRAL SERVICE COST ALLOCATION SELECTION COMMITTEE'S
RANKING OF THE TOP FIRMS TO PREPARE ANNUAL CENTRAL SERVICE
COST ALLOCATION PLANS, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD.,
THE HIGHEST RANKED FIRM, IN CONJUNCTION WITH GRAU & COMPANY,
P.A., FOR AN INITIAL THREE-YEAR PERIOD, WITH TWO ONE-YEAR
RENEWALS, AT THE CITY'S OPTION, AT A TOTAL PROPOSED ANNUAL COST
OF $15,407 ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND,
ACCOUNT CODE NO.921002-270.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
230 July 13, 1995
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
------------------ --------------- ---------------------------------- -------- --
98. ACCEPT RECOMMENDATION OF AUDIT ADVISORY COMMITTEE FOR
MOST QUALIFIED FEMALE CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRMS PROPOSING SERVICES TO BE FOURTH MEMBER OF
ENGAGEMENT TEAM TO PROVIDE EXTERNAL AUDITING AND
ADDITIONAL SERVICES -- AUTHORIZE MANAGER TO NEGOTIATE
CONTRACT WITH: (1) DELOITTE & TOUCHE, LLP, (2) SHARPTON,
BRUNSON & COMPANY, (3) SANSON, KLEIN, JACOMINO, AND (4)
WATSON & CO. AND AIDA E. BRIELE AND ASSOCIATES -- ALLOCATE
$331,200.
----------------------------------------------------- ----------------------------------------------------------
Vice Mayor Plummer: I move 90.
Commissioner Dawkins: Second, second.
Mr. Manohar Surana: OK. We are... The committee picked two female CPA (Certified Public
Accountant) firms. One is Watson Company and the other one is Aida Briele.
Vice Mayor Plummer: Aida who?
Mr. Surana: Briele.
Vice Mayor Plummer: OK.
Mr. Surana: Briele.
Mayor Clark: This lady was in my office the other day, and she said something about wanting to
speak on this. Do you want to talk now?
Commissioner Gort: No, no. She's all right.
Mayor Clark: OK.
Vice Mayor Plummer: I move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
231 July 13, 1995
to
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-566
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY OF
MIAMI'S AUDIT ADVISORY COMMITTEE FOR THE MOST QUALIFIED
FEMALE CERTIFIED PUBLIC ACCOUNTING FIRMS PROPOSING SERVICES TO
BE MEMBERS OF THE ENGAGEMENT TEAM TO PROVIDE EXTERNAL
AUDITING AND ADDITIONAL SERVICES, PURSUANT TO RFP 94-95-159R FOR
THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
RECOMMENDED TEAM FORMED BY THE CPA FIRMS OF DELOITTE &
TOUCHE, LLP; SHARPTON, BRUNSON & COMPANY; SANSON, KLINE,
JACOMINO, WATSON & CO., AND AIDA E. BRIELE AND ASSOCIATES, FOR AN
ESTIMATED ANNUAL COST OF $331,200; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT NUMBERS 350119-340, 260221-340, 550108-340, 260201-280,
AND 450806-280.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
None.
ABSENT:
Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
99. COMPUTE PROPOSED MILLAGE RATE FOR CITY OF MIAMI FOR FY
OCTOBER 1, 1995 - SEPTEMBER 30, 1996 (GENERAL OPERATING: 9.5995,
DEBT SERVICES: 2.2604, TOTAL MILLAGE RATE: 11.8599).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 91.
Mr. Manohar Surana: Mayor, on item 91...
Vice Mayor Plummer: Move to deny.
- Mr. Surana: ... we are recommending the same miilage as of fiscal year '95, which is eleven
point seven-o-five-five (11.7055).
Mayor Clark: No increase.
232
July 13, 1995
Aj
,t0A
Mr. Surana: No increase.
Mayor Clark: Thank you.
Commissioner Gort: Move it.
Mayor Clark: Is there a second? Give me a second.
Vice Mayor Plummer: You got it.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-567
A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF
MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND
ENDING SEPTEMBER 30, 1996; INSTRUCTING THE CITY MANAGER TO
SUBMIT SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY PROPERTY
APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME
AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION
WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S
TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(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 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 Vurre requested of the Clerk to be shown in
agreement with the motion.
Mayor Clark: What happened to Victor?
Commissioner Gort: He's still eating lunch.
Mayor Clark: Having lunch.
rr rrr-r- rrrM--••--rrrrrrrwr---------arrr---rr-r-rr---rr-rr----rrrrrr----r-rr-.-rrrrrr-r-rr-r-----r-
'100. AUTHORIZE PURCHASE OF MICROCOMPUTERS, PRINTERS, BOARDS
AND PERIPHERALS EQUIPMENT AND SOFTWARE -- FROM VARIOUS
VENDORS (STATE OF FLORIDA CONTRACT NO. 250-040-93-1 &
METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-10/93-OTR-CW
& 1941-2/96-OTR-CW) -- FOR FINANCE DEPARTMENT -- ALLOCATE
$280,000 FROM VARIOUS DEPARTMENTS THAT WILL ACQUIRE NEW
EQUIPMENT -- EXECUTE DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 92.
Vice Mayor Plummer: He went down to see the Barnacle.
Commissioner Dawkins: I'm going to move it, and under discussion after the second.
Commissioner Gort: Second.
Commissioner Dawkins: Under discussion.
Mayor Clark: All right, yes, sir.
Commissioner Dawkins: When will this Commission reach the saturation point with computers,
computer software and computer -related cost?
Mr. Cesar Odio (City Manager): Commissioner, I promise you that in September, we'll have a
final item to upgrade all the computer systems, and get rid of all the old junk that we have, and
that should take care of us for a while.
Mayor Clark: These computers are ten years old, at least?
Mr. Odio: We're trying to...
Vice Mayor Plummer: Oh, more.
Mr. Odio: More than that. About... We have computers that are over 20 years old in the City
now.
Mayor Clark: All right.
Commissioner Dawkins: And not compatible with nothing but themselves.
Mr. Odio: That's the problem.
Vice Mayor Plummer: They're as old as you are, Miller, but not as slow. Truthfully, you
know..
Commissioner Dawkins: Yeah. They bought them when I came here in '81, and they're still
here.
Vice Mayor Plummer: And let me tell you, I got to be honest with you, Miller, you will never,
ever be finished with buying computers.
234
July 13, 1995
a
4144
Commissioner Dawkins: Yeah, but with new technology...
Vice Mayor Plummer: Every day.
Commissioner Dawkins: ... OK, every day, computers are now compatible. We do not have to
go out and replace...
Vice Mayor Plummer: That's true.
Commissioner Dawkins: ... the whole unit, when you can go out... So what I'm saying now is,
somewhere along the lines, Unisys will have to...
Vice Mayor Plummer: Be competitive.
Commissioner Dawkins: ... become compatible with everybody else, or we can no longer deal
with Unisys, because they're the only ones out there... That puts us at a great disadvantage, in
my opinion.
Mayor Clark: All right. It's been moved and seconded. Cast a unanimous ballot.
Vice Mayor Plummer: That's 90... on 92, yes.
Mayor Clark: Yes, sir.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-568
A RESOLUTION AUTHORIZING THE PURCHASE OF MICROCOMPUTERS,
PRINTERS, BOARDS AND PERIPHERAL EQUIPMENT AND SOFTWARE FROM
VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 250-040-
93-1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-10/93-OTR-
CW AND 1941-2/96-OTR-CW, FOR THE DEPARTMENT OF FINANCE, IN THE
AMOUNT OF $280,000; ALLOCATING FUNDS THEREFOR FROM THE BUDGETS
OF THE VARIOUS CITY DEPARTMENTS THAT WILL ACQUIRE THE NEW
EQUIPMENT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS AND TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID ACQUISITION.
(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
235 July 13, 1995
i
r
101. AUTHORIZE ISSUANCE OF $22,000,000 SPECIAL OBLIGATION NON -AD
VALOREM REVENUE BONDS, SERIES 1995 (ADMINISTRATION
BUILDINGS ACQUISITION PROJECT).
Mayor Clark: Ninety-three.
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second, under discussion.
Mayor Clark: All right.
Vice Mayor Plummer: Miller, I want to ask a question. On the purchase of the CRA
(Community Redevelopment Agency) Building downtown, is it possible, rather than buying that
Building for two million dollars ($2,000,000) that we could lease it and keep it on the tax rolls?
Commissioner Dawkins: Why would we lease it and keep it on the tax rolls when you bought
the FPL (Florida Power and Light) Building and didn't lease that and keep it on the tax roll?
Vice Mayor Plummer: Because we're going to have that for a long period of time.
Commissioner Dawkins: We're going to have the CRA Building for as long as the City of
Miami is here.
Mayor Clark: Next case.
Vice Mayor Plummer: OK.
Mayor Clark: Anything further?
Vice Mayor Plummer: No, I'm just... I asked a question.
Mayor Clark: Yes, sir. He gave you an answer.
Vice Mayor Plummer: I'm not sure I agree with it.
Commissioner Gort: Go ahead.
Mayor Clark: All right. Do you move the item?
Commissioner Dawkins: Yes, sir.
Commissioner Gort: Yes.
Mayor Clark: Is there a second?
Commissioner Gort: I second.
236
July 13, 1995
1 r`
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-569
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO
EXCEED $22,000,000 SPECIAL OBLIGATION NON -AD VALOREM REVENUE
BONDS, SERIES 1995 (ADMINISTRATION BUILDINGS ACQUISITION
PROJECT), OF THE CITY FOR THE PURPOSE OF FINANCING THE
ACQUISITION OF AND CERTAIN IMPROVEMENTS TO ADMINISTRATIVE
BUILDINGS FOR THE USE BY THE CITY OF MIAMI AND ITS AGENCIES;
PROVIDING FOR THE PAYMENT OF THE BONDS FROM NON -AD VALOREM
REVENUES AVAILABLE TO THE CITY, MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; APPOINTING BOND COUNSEL;
APPROVING A NEGOTIATED SALE OF THE BONDS; DELEGATING TO THE
CITY MANAGER, OR HIS DESIGNEE, THE SELECTION OF AN UNDERWRITING
GROUP AND A REPRESENTATIVE THEREOF, THE AUTHORITY TO AWARD A
NEGOTIATED SALE OF THE BONDS TO THE UNDERWRITING GROUP, THE
APPROVAL OF THE CONDITIONS AND CRITERIA OF SUCH SALE, THE
APPROVAL OF THE PRELIMINARY OFFICIAL STATEMENT AND FINAL
OFFICIAL STATEMENT WITH RESPECT TO THE BONDS, AND THE APPROVAL
OF A BOND PURCHASE CONTRACT; SELECTING A BOND INSURER, IF
DEEMED NECESSARY, SELECTING A BOND REGISTRAR AND PAYING
AGENT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING CERTAIN
OTHER DETAILS.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Victor De Yurre
237 July 13, 1995
t
-114)
----------------------------------------------
102. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED RESOLUTION TO: (1) ACCEPT PROPOSAL OF ARTHUR J.
GALLAGHER & COMPANY FOR FURNISHING INSURANCE
BROKERAGE SERVICES, AND (B) APPROVE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT PROTEST OF BELTRAN, ALEXANDER
& ALEXANDER IN CONNECTION WITH RFP FOR INSURANCE BROKER
SERVICES. (See label 108)
Mayor Clark: Item 94.
Commissioner Dawkins: Wheel That's a good one.
Mayor Clark: Item 94 is accepting the proposal of...
Commissioner Dawkins: That's J.L. Plummer's item.
Mayor Clark: ... Arthur J. Gallagher and Company, a non -minority local vendor, for furnishing
insurance brokeraging services. Yes, ma'am.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: I'm listening.
Mr. Jones: Excuse me, Mr. Mayor, if you would, you should take up item 95 first, which is the
resolution of the protest before you take up 94.
Commissioner Dawkins: OK.
Mayor Clark: All right.
Commissioner Dawkins: Item 95.
Mayor Clark: Item 95, approving the procurement officer's decision... This is a protest.
Ms. Judy Carter: Yes, sir.
Vice Mayor Plummer: If we move to defer, do we defer both?
Ms. Carter: Yes, sir.
Commissioner Gort: (Inaudible.)
Vice Mayor Plummer: I've got a problem here.
Ms. Carter: He asked if you defer one, do you defer both? And I said yes.
Commissioner Dawkins: You defer? If you do, I second.
Mr. Odio: If you defer one... If you defer one, you should defer both.
238 July 13, 1995
Ms. Carter: Correct.
Vice Mayor Plummer: And it's a dead item. Let's wait for Victor to get here.
Mayor Clark: Hell, if you wait for that, you'll wait for heaven to fall.
Vice Mayor Plummer: Ha -ha-ha. I love it, Mr. Mayor.
Mayor Clark: Come on, we can't...
Vice Mayor Plummer: I love it, Mr. Mayor.
Mayor Clark: We can't hold this up for one person.
Vice Mayor Plummer: Well, let's go on to the other part of the agenda, and then we can see
what happens.
--------------------------------------------- ------------------------------------------------------------------
103. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH
WHEELABRATOR SOUTH BROWARD, INC. -- FOR ACCEPTANCE
DISPOSAL OF CITY OF MIAMI PROCESSABLE WASTE -- AMEND
EXISTING AGREEMENT TO CHANGE TONNAGE TO BE DELIVERED BY
THE CITY -- ALLOCATE $2,560,000 FROM PROJECT 422001.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 96.
Commissioner Dawkins: Move it.
Mayor Clark: Ninety-six... Cesar, pay attention here. Cesar. Cesar.
Vice Mayor Plummer: Cesar, 96.
Mayor Clark: You don't want 96?
Vice Mayor Plummer: For wheel barrows.
Commissioner Dawkins: Yes.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Dawkins: I moved it.
Commissioner Gort: Excuse me. I was asked as a courtesy to delay this. My understanding is
there's someone that wants to make a statement, an attorney, Miguel DeGrandy, and he has...
Mr. Odio: I talked to him this morning, and I explained to him the facts.
Vice Mayor Plummer: Well, we can wait a while, if you want to.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission on this issue?
239 July 13, 1995
Mayor Clark: Yes, you may. Two minutes.
Mr. Gonzalez-Goenaga: Well, in two minutes, I cannot say...
Mayor Clark: I think you should tell these lovely people who you are.
Mr. Gonzalez-Goenaga: Well, according to the City of Miami Police Department, I am one of
the biggest criminals in town. I have been arrested six times. According to Cesar, I am a
stalking fellow. I didn't know I had a lover. And according to myself, my name is Manuel
Gonzalez-Goenaga. My address is 2469 Southwest 14th Street, and my phone number is, in case
my lover wants to contact me, 643-6149. Well...
Mayor Clark: Your time is just about up, sir.
Mr. Gonzalez-Goenaga: Well, the issue is...
Mayor Clark: I wanted to let them know who you are.
Mr. Gonzalez-Goenaga: ... that we are functioning here with an Administration that is a fraud,
and deceit.
Mayor Clark: All right, no more. No more. Thank you, sir, for your presentation.
Mr. Gonzalez-Goenaga: And I just want to file...
Mayor Clark: I told you no, no more of that in this room.
Mr. Gonzalez-Goenaga: No, no more. I am living, going to Metro -Dade.
Mayor Clark: God bless you. Thank you. Next case.
Mr. Gonzalez-Goenaga: But I want to give in the record...
Mayor Clark: OK. "Hasta luego." Yes, sir.
Mr. Odio: (Inaudible, speaking off mike.)
Mayor Clark: Yes. Oh, boy, that will be the day.
Mr. Gonzalez-Goenaga: Thank you, sir.
Mayor Clark: Thank you, Manny. Item 96, there's a motion by Mr.... Did you move 96,
Willy?
Commissioner Gort: No. It was moved by...
Mayor Clark: Miller.
Vice Mayor Plummer: I'll second it.
Mayor Clark: Call the roll, Mr. Clerk.
240 July 13, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-57U
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH WHEELABRATOR SOUTH BROWARD, INC.
("WHEELABRATOR"), FOR A PERIOD OF ONE YEAR, FOR THE ACCEPTANCE
AND DISPOSAL OF CITY OF MIAMI PROCESSABLE WASTE AND TO AMEND
THE EXISTING AGREEMENT WITH WHEELABRATOR, DATED OCTOBER 1,
1994, TO CHANGE THE AMOUNT OF TONNAGE TO BE DELIVERED BY THE
CITY ALLOCATING FUNDS THEREFOR, IN AN ESTIMATED AMOUNT NOT TO
EXCEED $2,560,000,00, FROM ACCOUNT CODE NO. 421301-531, PROJECT NO.
422001, FOR SAID SERVICES.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
104. APPROVE / ADOPT ANNUAL BUDGET OF OFF-STREET PARKING FOR
FY OCTOBER 1, 1995 - SEPTEMBER 30, 1996 ($7,175,339, EXCLUDING
DEPRECIATION, AND OTHER NON -OPERATING EXPENSES OF
$1,800,018).
Mayor Clark: Item 97.
Vice Mayor Plummer: Move it.
Commissioner Gort: Weren't you going to defer that one?
Vice Mayor Plummer: You want to defer it? Oh, yeah, Cook don't need this. He's got too
much money now.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second.
Mayor Clark: With no exception, cast a unanimous ballot.
241 July 13, 1995
0
7
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-571
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE
ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30,
1996 IN THE AMOUNT OF $7,175,339, EXCLUDING DEPRECIATION, AND
OTHER NON -OPERATING EXPENSES OF $1,800,018.
(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
Mayor Clark: Item 98 has been withdrawn.
NOTE FOR THE RECORD: Agenda item number 98 was
withdrawn.
---- -- -- -------------------------------------------------------
105. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICE
AGREEMENTS WITH INDIVIDUALS TO PROVIDE COMMUNICATION
OPERATOR SERVICES FOR POLICE DEPARTMENT -- ALLOCATE
$150,000.
----------------------------------------------------------------------------------------------------------------
Mayor. Clark: Item 99.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Commissioner Dawkins: What's his name? What's his name?
Mayor Clark: Cast a unanimous ballot.
242
Vice Mayor Plummer: I'm assuming that that 99 is going to be paid a straight fees.
Mr. Cesar Odio (City Manager): Wait, wait, wait. Excuse me. 1 need to put something for
Commissioner Dawkins' benefit on the record. I promised in 99, if he would approve this, that I
would not agree to using this service unless we enter into an agreement we have with Miami -
Dade to provide training, recruitment and training, so that we can have always accessible to us
operators to replace the ones that we lose, because we cannot continue on...
Vice Mayor Plummer: Well, this agreement is only for a year, and by that time, you'll have
people...
Mr. Odio: But I will not use this unless... If we...
Commissioner Dawkins: It's for a year, but what the Manager and I are saying is at the end of
the year, if we do not go into a program with Miami -Dade to start training people, at the end of
the year, J.L., we'll be right back here again without people qualified to fill the jobs.
Mayor Clark: That's good.
Vice Mayor Plummer: Yeah, I agree with that. I mean, it's very difficult to understand.
Mayor Clark: He said that's included. He said that's included, right?
Mr. Odio: Yes.
Vice Mayor Plummer: Well, the problem, Mr. Mayor, is - it's very difficult to understand - that
you can't get people who want to go into training for fifty and sixty thousand dollars ($50,000
and $60,000) that these people are being paid.
Mr. Odio: No, at Miami...
Vice Mayor Plummer: Some of them, with overtime, are getting seventy and eighty.
Mr. Odio: Yeah, but the program... Miami -Dade told me they - yesterday - they can recruit for
us, they can have them ready and trained - it takes a year to train these people - and we can have
the advantage of having a pool of people that we can draw from at any time.
Vice Mayor Plummer: That's great.
Commissioner Dawkins: What they're saying is that at Miami -Dade, if we have 15 people in a
class, then you get FTE, and the State of Florida pays for the training, and Miami -Dade - I mean
the City of Miami - it doesn't cost the City of Miami for the training. That's what the Manager
is working out with Miami -Dade in the morning, to have these people...
Vice Mayor Plummer: Wait a minute. What are these others?
Commissioner Dawkins: And they also... And the people out there in the audience who are
listening, if you also sign up for this and you qualify for financial aid, since you're a full-time
student at Miami -Dade, you also can get the financial aid. So we have people who we are trying
to put into the work force, J.L.
Vice Mayor Plummer: I hear you.
243
July 13, 1995
R�,
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-572
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE COMMUNICATION
OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $150,000,
FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX
CODE 290201-270.
(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:
ABSENT:
None.
Commissioner Victor De Yurre
-- -------------------------------------------------------------------------------------------------------------
106. ACCEPT BID: BREWER COMPANY OF FLORIDA, INC. ($195,250, TOTAL
BID OF PROPOSAL) -- FOR CITYWIDE SIDEWALK REPLACEMENT
PROJECT - PHASE 12 (SECOND BIDDING) B-4576 -- ALLOCATE FUNDS
FROM CIP 341175 ($195,250 - CONTRACT COST, AND $24,165.91 -
ESTIMATED EXPENSES, TOTALING $219,415.91) -- EXECUTE
CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. On item 101, is there a motion?
Vice Mayor Plummer: Move it.
Commissioner Gort: I've got a question. My understanding is that the... If a company is within
the City of Miami, within ten percent of the minimum budget, that we can renegotiate with
them?
Mr. Wally: Lee: Yes, Commissioner. If the City of Miami... a firm that resides and has their
office in the City of Miami, if they fall within ten percent of...
Commissioner Gort: 2232 Northwest 26th Avenue, that's the City of Miami?
Mr. Lee: Yes, sir.
244 July 13, 1995
Vice Mayor Plummer: OK. But the two-o-three can get the bid, but they have to agree to do it
for one -ninety-five.
Commissioner Gort: Right.
Mr. Lee: That is correct.
Commissioner Dawkins: But... Yes, Mr. Fair, please.
Mayor Clarke All right. Is there a motion then?
Vice Mayor Plummer: That we appoint it to the in -City company.
Commissioner Gort: Right. That's my understanding, if they're willing to do it.
Commissioner Dawkins: Yeah, but you're shop bidding when you allow the in-service company
to come back down to the lowest price.
Mr. Lee: That's correct.
Vice Mayor Plummer: They've got to do it for the same price. What is the name of that
company?
Mr. Lee: The one that we are recommending?
Vice Mayor Plummer: No. The one that's the two-o-three that's going to agree to do it for one -
ninety -five.
Mr. Lee: F&L Construction.
Vice Mayor Plummer: That's what you want?
Commissioner Dawkins: But the other guy was going to...
Commissioner Gort: Well, my under... Excuse me, Mr. Dawkins.
Mayor Clark: Go ahead, go ahead.
Commissioner Gort: My understanding when I came in here is that I was told that any company
within the City of Miami, if it's within ten percent of the lower...
Mr. Odio: Within ten percent, right.
Commissioner Gort:... lower bid, they should be given an opportunity to come...
Mr. Lee: Yes, and they have to agree to it.
Commissioner Dawkins: But he had to be within ten percent. He could not drop down to ten
percent. That's shop bidding.
Mayor Clark: No, he did though.
245 July 13, 1995
t2��
f
Mr. Lee: Well, what you have to do then is, you have to meet the lowest price.
Vice Mayor Plummer: That's correct.
Commissioner Gort: Yeah.
Mayor Clark: OK. Motion on it?
Vice Mayor Plummer: F&L? F&L?
Mr. Lee: Yes, sir.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Move it or second, whatever.
Commissioner Gort: I don't even know any of these individuals, but I'm just following the rules
that were established hereby you all.
Mr. Lee: That's correct. That is correct, Commissioner.
Mayor Clark: Call the roil.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-573
A RESOLUTION ACCEPTING THE BID OF THE BREWER COMPANY OF
FLORIDA, INC., IN THE PROPOSED AMOUNT OF $195,250.00, TOTAL BID OF
THE PROPOSAL, FOR "CITYWIDE SIDEWALK REPLACEMENT PROJECT -
PHASE 12 (SECOND BIDDING) B-4576"; ALLOCATING FUNDS THEREFOR
FROM THE FISCAL YEAR 1994-95 CAPITAL IMPROVEMENT ORDINANCE NO.
11205, AS AMENDED, PROJECT NO. 341175 IN THE AMOUNT OF $195,250.00 TO
COVER THE CONTRACT COST AND $24,165.91 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $219,415.91; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, 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
246 July 13, 1995
:00
N
- -------------------------- ------------------------------------------------------
107. ACCEPT BID: VENECON ($59,533) FOR BAYFRONT PARK, SOUTH
END RESTROOMS, B-3252 (TOTAL BID OF PROPOSAL) -- ALLOCATE
FUNDS FROM CIP 331393 ($59,533 - CONTRACT COST, AND $11,480 -
ESTIMATED EXPENSES, TOTALING $71,013).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 102.
Vice Mayor Plummer: Mr. Mayor, on 102, Mr. Lee, would you indicate?
Mr. Nally Lee: Yes, sir. We had this bid broken up into two parts. One, the base bid, which
was basically for the bathrooms, and the alternate one was for the construction of a dressing
room, storage and vestibule.
Mr. Cesar Odio (City Manager): What I'd like to do on this item is add... Mr. Mayor, we have
discovered since this that they have some security problems there, and they don't have enough
staff and security, to add about eighty-two thousand dollars ($82,000) more that we need to
provide security in that place. Can we do that, please?
Mr. Lee: Well, this is a...
Vice Mayor Plummer: Mr. Manager, I appreciate that. This is the dressing room area, which is
the twenty-five.
Mr. Odio: Yeah, but we can issue...
Vice Mayor Plummer: Both?
Mr. Odio: Both.
Vice Mayor Plummer: OK, that's fine.
Mr. Odio: That way, we resolve that problem.
Vice Mayor Plummer: That's fine.
Commissioner Gort: You move it, J.L.?
Vice Mayor Plummer: What I'm moving, Mr. Mayor, for the record, is that we will now be
doing it as a combined item of the canopy - this is the south end - the canopy, the dressing room,
and the bathrooms from the CIP (Capital Improvement Project), and the eighty-two for security
will come from wherever the Manager recommends.
Mr. Lee: That is correct, Commissioner.
Vice Mayor Plummer: OK?
Mayor Clark: Motion and a second. Call the roll, Mr. Clerk.
Vice Mayor Plummer: Thank you.
247
July 13, 1995
d15i,��,�+ti',a'i-
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-574
A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED
AMOUNT OF $93,800.00 FOR BAYFRONT PARK SOUTH END RESTROOMS, B-
3252, TOTAL BID OF THE PROPOSAL; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 331383 AS APPROPRIATED BY THE 1994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF
$93,800.00 TO COVER THE CONTRACT COST AND $11,971.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $105,771.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM; FURTHER
DIRECTING THE CITY MANAGER TO PROVIDE FUNDING FOR SOUTH END
STAGE CANOPY AND $82,000.00 FOR SECURITY IMPROVEMENTS.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
108. (Continued) DEFER CONSIDERATION OF PROPOSED RESOLUTION TO:
(1) ACCEPT PROPOSAL OF ARTHUR J. GALLAGHER & COMPANY FOR
FURNISHING INSURANCE BROKERAGE SERVICES, AND (B) APPROVE
CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
BELTRAN, ALEXANDER & ALEXANDER IN CONNECTION WITH RFP
FOR INSURANCE BROKER SERVICES. (See label 102)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 94 and 95 are up for deferral. Mr.... We're not waiting any longer for Mr.
J.L.? Oh, after this, yes.
Vice Mayor Plummer: Oh. Yeah, I'll do. I'll... When the Mayor...
Mr. Cesar Odio (City Manager): The only items we have left is 94 and 95.
Mayor Clark: Did you offer deferral, J.L.? They're not going to...
i
248 July 13, 1995
Vice Mayor Plummer: Well, I would offer that all the Commission be here.
Mayor Clark: Well, he's not here, so we can't hold it up for that. Offer it and see if it passes.
Commissioner Dawkins: Move 94. What is 94?
Vice Mayor Plummer: I'll offer a deferment. I mean, that's...
Mayor Clark: Is there a second to it?
Vice Mayor Plummer: He moved... Huh?
Mayor Clark: You second?
Vice Mayor Plummer: I don't. I can't make it and second it also.
Mayor Clark: He wants to defer this till we - it's a sensitive item - till we get a full Commission
present.
Commissioner Dawkins: I mean, I wouldn't mind deferring it if the Commissioner was here
saying he wanted it deferred. Who said he wanted it deferred?
Vice Mayor Plummer: It's that he's not here to speak to the issue. That's the point. You want
to pass it?
Mayor Clark: OK. Motion and a second. Call the roll.
Commissioner Dawkins: I second it.
Vice Mayor Plummer: What is the motion?
Mayor Clark: Call the roll, Mr. Clerk.
Vice Mayor Plummer: What is the motion?
Mayor Clark: To defer it till he can speak...
Commissioner Dawkins: You made a motion to defer.
.Mayor Clark: All right. Let's go.
Vice Mayor Plummer: All right. We can always reconsider if he shows up.
249 July 13, 1995
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-575
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 94 (ACCEPTING
THE PROPOSAL OF ARTHUR J. GALLAGHER AND COMPANY FOR
FURNISHING INSURANCE BROKERAGE SERVICES) AND AGENDA ITEM 95
(REJECTING PROTEST OF BELTRAN, ALEXANDER & ALEXANDER IN
CONNECTION WITH RFP NO. 93-94-166 FOR INSURANCE BROKER SERVICES)
UNTIL A LATER DATE.
(Note for the Record: The City Commission later decided to schedule agenda items 94
and 95 on the September 14, 1995 agenda.)
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AXES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Victor De Yurre
Mayor Clark: It's deferred until the next meeting.
Vice Mayor Plummer: OK.
Mayor Clark: Ladies and gentlemen, that's the end of our official agenda. Zoning does not start
until...
Vice Mayor Plummer: No, sir. May I reconsider...
Mayor Clark: But, please, may I finish?
Vice Mayor Plummer: Yes, sir.
Mayor Clark: Zoning does not start until about four -thirty, so you'd better go outside if you're
here on Zoning.
A. Quinn Jones, III, Esq. (City Attorney): It's scheduled for two -thirty, Mr. Mayor.
Mayor Clark: Sir?
Mr. Jones: It's scheduled for two -thirty.
Mayor Clark: Zoning?
Mr. Jones: Yes.
Mr. Odio: May I ask, Mr. Mayor...
250
July 13, 1995
NOTE FOR THE RECORA, At this point, the Commission
reconfirmed its adoption of agenda item 99 (R 95-572), and
clarified agenda item 42 (R 95-525).
Mr. Odio: I'm told that the roll was not called on 99. And also, on item 42...
Mayor Clark: All those in favor of 99, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: OK. Now it's called.
Vice Mayor Plummer: I don't know what 99 is.
Mr. Odio: On item 42, we gave the neighborhood association for Simpson Park twenty thousand
($20,000), and you had to have a motion.
Mayor Clark: And we called the roll on that.
Mr. Odio: Yes, sir.
Mayor Clark: Right, Walter? On that Simpson Park, we called the roll on that twenty thousand
dollars ($20,000).
Mr. Walter Foeman (City Clerk): Yes, we did, Mr. Mayor.
Mr. Odio: You did? OK. I just wanted to make sure.
Mayor Clark: Yeah, we did, on the twenty thousand dollars ($20,000).
Mr. Odio: Mr. Mayor and Commissioners, thank you.
Mayor Clark: Yes, sir. Don't leave, now.
............................ -----------------------------------------------------------------------------------
109. RECONSIDER DEFERRAL OF AGENDA ITEM CA-28 -- SETTLE CLAIM:
ANTONIO WHITE ($90,000).
Vice Mayor Plummer: Wait a minute. Can I reconsider CA - what, 28?
A. Quinn Jones, III, Esq. (City Attorney): Twenty-eight.
Vice Mayor Plummer: Mr. Mayor, that was the re -award by the Law Department that 1 asked
for the backup. I have got it, and I am now pleased, happy with the results, and I would now
move item CA-28.
251 July 13, 1995
Commissioner Dawkins: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.9.5-576
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ANTONIO WHITE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$90,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO.
94-2436 CA 32, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING
THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND, INDEX CODE NO.620101-651.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ASSENT:
Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
110. DISCUSSION CONCERNING MIAMI'S CENTENNIAL CELEBRATIONS AT
NET OFFICES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Now, may I make an announcement, Mr. Mayor?
Mayor Clark: Yes.
Vice Mayor Plummer: Mr. Mayor, I'd like to make an announcement to everybody here and to
whoever is watching on television. As your designee to the Centennial Celebration, I want to
announce two things. Number one, there will be a celebration as such this year on July the 28th
in the different NET (Neighborhood Enhancement Team) offices. Your neighborhood NET
office will be having individual celebrations. There will be a meeting, Mr. Mayor and my
colleagues, for the full townhouse meeting of the Centennial on Monday night - that's this
coming Monday night - at five -thirty in the Ashe Auditorium of the Knight Center downtown.
This will be the first full blown meeting of the Centennial for next year, which, as all of you
know, is our hundredth anniversary. And when I've been asked why did I get involved, I said,
I'm only doing this so I'll know how to do it the next time.
252
July 13, 1995
4
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins Mr. Mayor, are we going to do the pocket items now or after the
Planning and Zoning?
Mayor Clark: Yes, sir, right now. Right now, we'll do the pocket items, right now. J.L., you
got pockets?
----------------------------------------------------------------------------
111. WAIVE RENTAL FEE FOR USE OF ORANGE BOWL FOR MIAMI
DOLPHIN SCRIMMAGE -- TO BE CONDUCTED BY MIAMI DOLPHINS,
INC. ON JULY 29, 1995.
-------------------------------------------
i_... ... ........... ------------------------------------- -
Vice Mayor Plummer: I have but two pocket items that are mine, and a fist full of them for the
Manager. I don't know, I'll start with the one from the Manager.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: Then I'll throw them out. A resolution relating to the Miami Dolphins
Scrimmage to be conducted by the Miami Dolphins, Inc., on July 29th, waiving the rental fee for
the use of the Orange Bowl for said event; said waiver conditioned upon organizers: One,
paying all the necessary costs of City services and applicable fees associated with said event;
two, obtaining insurance to protect the City as prescribed by the City Manager or his designee;
and three, complying with all conditions and limitations as may be prescribed by the City
Manager, his designee, and 10,000 free tickets to the Mayor. I so move.
Commissioner Dawkins: Second.
253
July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-577
A RESOLUTION RELATED TO THE MIAMI DOLPHIN SCRIMMAGE TO BE
CONDUCTED BY MIAMI DOLPHINS, INC. ON JULY 29, 1995; WAIVING THE
RENTAL FEE FOR USE OF THE ORANGE BOWL FOR SAID EVENT; SAID
WAIVER CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL
OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, 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
----------------------------------------------------------------------------------------------------------------
112. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT TO PROVIDE A
GRANT ($121,000) TO ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC. -- FOR DEVELOPMENT OF AFFORDABLE HOUSING
FOR LOW / VERY LOW INCOME FAMILIES / INDIVIDUALS --
ALLOCATE FUNDS FROM HOME INVESTMENT PARTNERSHIP
PROGRAM FUNDS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right. A resolution authorizing the City Manager to enter into an
agreement in a form acceptable to the City Attorney to provide a grant to Allapattah Business
Development Authority, a nonprofit community development housing organization, in the
amount of one hundred twenty-one thousand ($121,000) for the development of the affordable
housing for low and very low income families and individuals, allocating funds therefor from the
Home Investment Partnership Program funds.
Commissioner Gort: Second.
Vice Mayor Plummer: That belongs to the City Manager.
Mayor Clark: Cast a unanimous ballot. No exceptions.
254
July 13, 1995
4qi
w
4
. 410s9'tV
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-578
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
PROVIDING A GRANT TO ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC., A NOT -FOR -PROFIT COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION, IN THE AMOUNT OF $121,000, FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING IN THE ALLAPATTAH
NEIGHBORHOOD FOR LOW AND VERY LOW INCOME FAMILIES AND
INDIVIDUALS; ALLOCATING FUNDS THEREFOR FROM THE HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS.
(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
----------------------------------------------------------------------------------------------------------------
113. ALLOCATE $25,836 TO ALLAPATTAH COMMUNITY ACTION, INC. -- TO
CONTINUE PROVIDING SOCIAL SERVICES TO THE ELDERLY --
EXECUTE AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: A resolution allocating twenty-five thousand eight hundred and thirty-six
dollars ($25,836) to a special program account continued funding to Allapattah Community
Action to continue providing social services to the elderly; further authorizing the City Manager
to execute an agreement with said agency for said purpose in a form acceptable to the City
Attorney. I so move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
255 July 13, 1995
a
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-579
A RESOLUTION ALLOCATING $25,836 FROM SPECIAL PROGRAMS AND
ACCOUNTS: CONTINGENT FUND, TO ALLAPATTAH COMMUNITY ACTION,
INC., TO CONTINUE PROVIDING SOCIAL SERVICES TO THE ELDERLY IN THE
ALLAPATTAH TARGET AREA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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:
ABSENT:
None.
Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
114. WAIVE FEES FOR USE OF ELIZABETH VIRRICK PARK (3580 DAY
AVENUE) -- FOR A COMMUNITY PICNIC, SPONSORED BY COCONUT
GROVE FAMILY AND YOUTH INTERVENTION CENTER (SUBSIDIARY
OF COCONUT GROVE LOCAL DEVELOPMENT CORPORATION) ON
AUGUST 19, 1995.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I have one more. I'll have to find it. Go ahead, Willy. I had another one
here somewhere.
Commissioner Gort: I have another one the Manager has given to me. The Manager had a lot of
them. This is the Manager's pocket item. A resolution related to the community picnic
sponsored by the Coconut Grove Family and Youth Intervention Center.
Mayor Clark: Cast a unanimous ballot.
Commissioner Gort: OK.
256 July 13, 1995
r"')
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-580
A RESOLUTION RELATED TO A COMMUNITY PICNIC, SPONSORED BY THE
COCONUT GROVE FAMILY AND YOUTH INTERVENTION CENTER, A
SUBSIDIARY OF THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, TO BE HELD AT ELIZABETH VIRRICK PARK, LOCATED AT
3580 DAY AVENUE, MIAMI, FLORIDA, ON AUGUST 19, 1995; WAIVING ALL
WAIVABLE FEES, AS PERMITTED BY THE CITY CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; SAID WAIVERS CONDITIONED UPON THE
ORGANIZERS (1) PROVIDING FULL CLEANUP SERVICES FOR SAID EVENT
AND (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS DESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
115. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 39, ARTICLE II
(STREET VENDING) -- REDUCE REQUIRED INSURANCE FOR THE
COCONUT GROVE AND DOWNTOWN MIAMI SPECIAL VENDING
DISTRICTS -- REDUCE REQUIRED FRANCHISE FEES FOR DOWNTOWN
MIAMI SPECIAL VENDING DISTRICT -- PROVIDE FOR FRANCHISE
VACANCIES AND RELINQUISHMENTS.
Commissioner Gort: The next one is... First of all, I'd like to say our Law Department acted
very well, and they did very well in this vending ordinance. As you all are aware, we were taken
to court. We won the case in court. The suggestion was given to us that we should look at the...
Vice Mayor Plummer: Wait a minute, wait a minute. Let me get...
Commissioner Gort: ... ordinance, and particularly, we should look at the requirement of the
insurance, and we requested a million dollars ($1,000,000), and we talked to our department, and
they recommended that we can lower that to five hundred thousand dollars ($500,000)
requirement for the street vendors, in both Coconut Grove and the City of Miami. And also,
there was the zone. As you recall, we had a monthly fee, and the Judge felt that maybe we
should reconsider those, and with reconsideration of the fee, we proposed to bring Zone A to a
257
July 13, 1995
ow ll'
w 4t
hundred dollars ($100); "B" to fifty dollars ($50); and "C" to twenty dollars ($20). Is there
anything else Maxwell on the...
Vice Mayor Plummer: Wait, wait a minute. Is that on the vendors?
Commissioner Gort: That's on the vendors.
Vice Mayor Plummer: May I share with you a nice conversation with the Mayor of Fort
Lauderdale? The City of Fort Lauderdale does not allow vendors to go on public rights -of -way
at all. They can only go on private property, which, in fact, are zoned properly for that kind of
an operation. They must have accessibility to bathrooms. And so I just wanted to say that to our
Commissioners who sometimes are being accused of being too strong, that we're allowing them.
Now, I have a problem, Mr. Gort. Mr. Manager, hello? Mr. Manager, again, as Chairman of
Bayi'ront Park, we are having a dangerous situation. Last weekend, when we had the Fourth of
July Bash, we had vendors down there who were operating, selling beer and alcohol out of
garbage cans. There were vendors galore, and when it became dark, they came into the park.
The Police Department, when we asked them to remove them, say that they are not clear on what
is and what not they can do. You know and I know that there are seven locations on the west
side of the boulevard that is the only place that vendors are allowed to sell. I need, Mr. Mayor...
Mr. Manager, they're going to come down on me when those people... Somebody is going to get
drunk, there's -going to be a fight, they were bringing in illegal fireworks that scared me to death
that people were going to get hurt.
Mr. Cesar Odio (City Manager): What do you want me to do?
Vice Mayor Plummer: I want you to instruct the Police Department to have and enforce the
ordinance of the City that anyone else that is operating down there, otherwise - other than those
seven locations, that, I assume, you can confiscate what they've got. I don't know how else
you're going to do it...
Commissioner Gort: Yes, you can.
Vice Mayor Plummer: But I'm telling you, if you don't do it, Mr. Manager, we're going to have
some "hellacious" lawsuits. Thank you, Mr. Mayor.
Mayor Clark: What else do you have, Willy.
Commissioner Gort: OK. Do you want to read the ordinance?
Mr. Joel Maxwell (Deputy City Attorney): No, there is one other thing, Commissioner, that you
had asked about on this one, and that is that the... This is an emergency ordinance that's before
you now. You had asked that the requirement that the fees be paid 50 percent in advance be
reduced to a monthly payment.
Commissioner Gort: Right.
Mr. Maxwell: Do you want to make that part of your motion?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Well, I'm at a loss. I'm sorry.
Commissioner Gort: We passed this, we went to Court. The Judge suggested that we amend our
ordinance. That's what's here today.
258
July 13, 1995
44j,%t
Vice Mayor Plummer: Our ordinance related to what?
Commissioner Gort: To the street vendors. What we're doing is we're reducing the required
liability insurance from one million ($1,000,000) to five hundred thousand ($500,000). We're
reducing the different zones to a hundred dollars, seventy-five and twenty dollars ($100, $75 and
$20).
Vice Mayor Plummer: Instead of?
Commissioner Gort: Instead of one -twenty-five, seventy-five and twenty-five ($125, $75 and
$25).
Vice Mayor Plummer: OK.
Mayor Clark: Hey, fellows, could you tell us what...
Vice Mayor Plummer: Is that your recommendation?
Mayor Clark: Listen.
Commissioner Gort: Yes, sir.
Mayor Clark: Could you tell us what's going on down there? We don't know what the hell is
going on down there. We just hear it back and forth.
Vice Mayor Plummer: OK. No, well, I'm sorry. I didn't hear. If that's the case, the only area
of concern, Willy, that I would have in that area, if one of those propane tanks blows up, five
hundred thousand dollars ($500,000) isn't going to begin to cover it. My conversation with the
vendors was that they now have a union, and that anyone belonging to that union would not be a
problem to carry for a blanket policy of the vendors of one million dollars ($1,000,000). And I
truthfully, honestly believe that they should have a million dollars worth in a blanket that would
cover all of the vendors. I'm just saying for their sake as well as ours. If they're on public right-
of-way, we could be liable.
Mr. Maxwell: The reason that this is before you, Vice Mayor, is because of the Court's action.
Just to quickly...
Mayor Clark: Willy, do you have any more?
Mr. Joel Maxwell (Deputy City Attorney):... apprise you of what occurred there, the Court...
Vice Mayor Plummer: I had three...
Mr. Maxwell: The Court upheld the City's ordinance and found it constitutional in all respects.
It did say that it had some questions about the prohibitive nature or potentially prohibitive nature
of the amount of insurance required, which was a million dollars ($1,000,000), and the fee. But
it didn't say that it was illegal. It didn't wipe those fees or the insurance requirement out all
together. They scheduled an evidentiary hearing for either late July or August. Implicit in that
order was the notion that the Court wanted to see the City Commission revisit that issue, and
that's what's here now.
Vice Mayor Plummer: Well, but Joel, at the beginning, we were talking about each vendor
having a million dollar individual policy.
259 July 13, 1995
Commissioner Dawkins: We have been to Court, Mr. Mayor, and fellow Commissioners. The
Judge has said we were right, Mr. Manager and fellow Commissioners. Why don't we go ahead
with what we have and make whatever adjustments the Judge says make? Why are we playing
around with it, to take it back to the Judge, for the Judge to find something else wrong?
Mr. Maxwell: No. The changes that you are making now, presumptively, will satisfy the Judge.
Commissioner Dawkins: Yeah, but not the one that Commissioner Plummer is talking about.
Mr. Maxwell: Commissioner Plummer wants to keep the status quo.
Vice Mayor Plummer: No. Plummer wants to make sure that the City and the vendors are
adequately covered.
Commissioner Dawkins: See, here we go. Here we go. We already got this through one time.
]Let's go with it. And then make adjustments if necessary.
Mayor Clark: All right. Let's go with it like it is. What else do you have, Willy?
Vice Mayor Plummer: I have two more...
Commissioner Gort: Wait a minute.
NOTE FOR THE RECORD: At this point, the Deputy City
Attorney read t e or mance into the record.
Mr. Maxwell: The one thing that was not discussed was the fact that the insurance reduction
also applies to Coconut Grove, and we had strongly suggested that that be included in there for
equal protection grounds.
Commissioner Dawkins: Move it with the City Attorney's recommendation.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
Vice Mayor Plummer: Well, just... I'm going to vote for... It's an ordinance, isn't it?
Mr. Maxwell: Yes, it is.
Mr. Walter Foeman (City Clerk): Yes, sir, it's an ordinance.
Vice Mayor Plummer: Call the roll on an ordinance.
Mayor Clark: Yeah. Call the roll.
260
July 13, 1995
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATING TO STREET VENDING;
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CHAPTER 39, ARTICLE II, BY REDUCING REQUIRED INSURANCE FOR
THE COCONUT GROVE AND DOWNTOWN MIAMI SPECIAL VENDING
DISTRICTS; FURTHER, REDUCING REQUIRED FRANCHISE FEES FOR THE
DOWNTOWN MIAMI SPECIAL VENDING DISTRICT; PROVIDING FOR
FRANCHISE VACANCIES AND FRANCHISE RELINQUISHMENTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR A RETROACTIVE EFFECTIVE DATE.
was introduced by Commissioner Dawkins and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to 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
Whereupon the Commission on motion of Commissioner Dawkins and seconded by
Commissioner Gort, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11288.
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:
Vice Mayor Plummer: I'm voting yes, but I have to express caution.
{
261 July 13, 1995
EL;
F e k
s �L
----------------------------------------------------------------------------------------------------------------
116. AUTHORIZE MANAGER TO ACCEPT LOWEST RESPONSIBLE /
RESPONSIVE BID (NOT TO EXCEED $40,000) -- FOR ARMBRISTER PARK
IRRIGATION SYSTEM RENOVATION PROJECT B-6235-A -- ALLOCATE
$48,224 TO COVER CONTRACT COST AND ESTIMATED EXPENSES
FROM CIP 331342 (GRAND AVENUE / ARMBRISTER PARK
RENOVATIONS) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, I have two from the Manager.
Mr. Cesar Odio (City Manager): No, you don't.
Vice Mayor Plummer: These are yours. A resolution the City Manager to accept the lowest
responsible bid for an amount not to exceed forty thousand dollars ($40,000) for the Armbrister
Park Irrigation System Renovation Project B62358, allocating funds in the amount not to exceed
forty-eight thousand two hundred twenty-four dollars ($48,224), to cover the contract cost and
estimated expenses in the capital improvement project number 331342 entitled Grand Avenue
Armbrister Park Renovations, as appropriated by Ordinance Number 11205 as amended; further
authorizing the City Manager to execute a contract accordingly. I so move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: When did you find this out? Just last night?
Vice Mayor Plummer: I just... It was just handed to me.
Mr. Cesar Odio (City Manager): We just found out about two minutes ago that I was just...
Vice Mayor Plummer: It was just handed to me, Mr. Mayor.
Mayor Clark: I'd like to see this...
Vice Mayor Plummer: You want the other one quickly?
Mayor Clark: Yeah.
Vice Mayor Plummer: A resolution accepting the bid...
_Mr. Foeman: We need a roll call.
Mayor Clark: Call the roll.
262 July 13,1995
48
Mayor Clark:. All right. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-582
A` RESOLUTION ACCEPTING THE BID OF D.E. GIDI AND ASSOC. CORP., IN
THE PROPOSED AMOUNT OF $73,129.00, TOTAL BID OF THE PROPOSAL, FOR
"COCONUT GROVE MINI -PARK RENOVATION B-6238"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 331382 AS APPROPRIATED BY THE 1994-95
CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE
AMOUNT OF $73,129.00 TO COVER THE CONTRACT COST AND $12,621.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$85,750.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
----------------------------------------------------------------------------------------------------------------
118. AMEND 90-871 -- PROVIDE FOR INCREASE OF GUARANTEED
ENTITLEMENT PLEDGED BY CITY AS SECURITY FOR COMMUNITY
REDEVELOPMENT REVENUE BONDS, SERIES 1990.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have... Do you have any?
Mayor Clark: Go ahead, go ahead.
Commissioner Dawkins: No, go ahead, Mr. Mayor. I'll wait.
Mayor Clark: No, that's all right. Go ahead.
Commissioner Dawkins: I have a resolution which will provide an additional pledge for the
Community Redevelopment Revenue Bond Series, in order to avoid a downgrade of these bonds
by rating agencies. This additional pledge will be of no additional cost to the general fund. I so
move.
Mayor Clark: Is there a second? Any further discussion on it? Cast a unanimous ballot.
264 July 13, 1995
,3
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-583
A RESOLUTION AMENDING RESOLUTION NO. 90-871, ADOPTED NOVEMBER
8, 1990, OF THE CITY OF MIAMI, FLORIDA, THEREBY PROVIDING FOR AN
INCREASE IN THE AMOUNT OF GUARANTEED ENTITLEMENT PLEDGED BY
CITY AS SECURITY FOR COMMUNITY REDEVELOPMENT REVENUE BONDS,
SERIES 1990; 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Dawkins: Commissioner Dawkins: Mr. Mayor, I have one more. On item 78,
we said that we would bring it back after lunch. I need to know if the Commission is ready to
vote on it.
Mayor Clark: We did.
Commissioner Dawkins: What did we vote on 78?
Mayor Clark: We voted on it, did we not?
Mr. Walter Foeman (City Clerk): We voted on...
Commissioner Dawkins: I mean the one for... I'm sorry. Seventy-seven. That's the loan for...
-thirty - three -thirty, and he said two -thirty.
Vice Mayor Plummer: We agreed on two
Commissioner Gort: Right. For...
Mr. Cesar Odio (City Manager): What I understood was that they were to...
Commissioner Dawkins: They were supposed to meet with J.L. or you and see what we could
come back up with.
Mr. Odio: We were supposed to meet next week.
Vice Mayor Plummer: On what?
Mr. Odio: On the...
265 July 13, 1995
!4�
Commissioner Dawkins: OK. I want to go on record now. OK?
Mr. Odio: OK. No, I mean 77.
Vice Mayor Plummer: Seventy-seven?
Commissioner Dawkins: Seventy-seven. I thought they were going to talk with you and see if
they could bring it back.
Commissioner Gort: The Overtown... J.L., the City... Let's pass it.
Vice Mayor Plummer: Well, this is the one for five point five (5.5).
Commissioner Gort: People's... No, no, that's People's Drugstore.
Commissioner Dawkins No, no.
Mr. Odio: Oh, no. He's talking about the ten million dollar ($10,000,000) loan application on
Section 108 HUD (Housing and Urban Development).
Vice Mayor Plummer: Is this item 77 we're talking about?
Ms. Linda Kearson (Assistant City Attorney): Yes.
Vice Mayor Plummer: And you recommended five point five (5.5); is that correct?
Commissioner Dawkins: Yeah. Forget it. Mm-hmm.
----------------------------------------------------------------------------------------------------------------
119. (Continued) AUTHORIZE MANAGER TO CONVERT $135,000 LOAN
MADE TO PEOPLE'S DRUG STORE, INC. AND GUARANTEED BY
GEORGE & GLORIA LEWIS, FOR CONSTRUCTION OF PEOPLE'S DRUG
STORE, INTO A GRANT -- EXECUTE NECESSARY DOCUMENTS. (See
label 78)
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Are you talking about People's Drugstore.
Commissioner Dawkins: Mm-hmm, yeah, that's right.
Vice Mayor Plummer: That's not 77.
Commissioner Gort: No. He's talking about the item of People's Drugstore that we said we
were going to bring it back and they were going to talk to you about it.
Vice Mayor Plummer: Nobody talked to me.
Mr. Cesar Odio (City Manager): That's number 73, Commissioner.
Vice Mayor Plummer: Nobody talked to me.
266 July 13, 1995
Commissioner Gort: If you make a motion, I'll second it.
Commissioner Dawkins: OK, all right. I have no further pockets. Go ahead.
Mr. Odio: Well, I'd like to pass this, please, Commissioner, and if you meet with them, and we
have a recess. These people are desperate.
NOTE FOR THE RECORD: Commissioner De Yurre entered the
Commission chamber at :22 p.m.
Vice Mayor Plummer: I'll tell you what I'll do. OK? I will vote for it, that I have 72 hours to
find out the reason. If I don't object, it passes automatically. If I do object it comes back. Fair
enough?
Commissioner Gort: Move it. Move it.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-584
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONVERT THE
$135,000 LOANS MADE BY THE CITY OF MIAMI TO PEOPLE'S DRUGSTORE,
INC. AND GUARANTEED BY GEORGE AND GLORIA LEWIS FOR THE
CONSTRUCTION OF PEOPLE'S DRUGSTORE, INTO A GRANT, THEREBY
FORGIVING THE OBLIGATION TO REPAY THE LOAN AMOUNT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EVIDENCE THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner DAWKINS, the resolution was passed and
adopted by the following vote:
AYES: Commissioner 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: I'm voting yes at this point.
267 July 13, 1995
.................. -..............................................................................................
120. (Continued) AUTHORIZE MANAGER TO PREPARE / SUBMIT AN
APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- FOR A LOAN ($5.5 MILLION) UNDER HUD
SECTION 108 PROGRAM -- TO FINANCE DEVELOPMENT OF A FOREIGN
TRADE ZONE COMPLEX IN WYNWOOD TARGET AREA -- TO BE
OPERATED BY DADE FOREIGN TRADE ZONE, INC. (See label 82)
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Do you want to be heard on 77, sir? He just walked in here.
Mr. Robert Sondak: Yes, we're here.
Commissioner Dawkins: Well, come on. I'd like to hear what they have to say because we
aren't going to pass it, but let's hear them. Mm-hmm. Go ahead.
Mr. Sondak: With my apologies, because I was out of the room, do I understand that this motion
would...
Mayor Clark: Your name, please, for the record.
Mr. Sondak: I'm Robert Sondak, representing Dade Foreign Trade Zone. Do I understand that
under this motion, the full ten million dollars ($10,000,000) will be approved unless there are
grounds to oppose it?
Commissioner Dawkins: No, no, five point five (5.5).
Commissioner Gort: No, no.
Vice Mayor Plummer: No.
Commissioner Gort: The motion was deferred.
Commissioner Dawkins: OK, it's deferred. They deferred it, mm-hmm.
Mayor Clark: Where did J.L. go? Was your motion to defer this, J.L.?
Commissioner Gort: Yeah, that was to defer.
Vice Mayor Plummer: It was to defer till all people could get together. The Manager has flat
out said he will not recommend it more than five point five million dollars ($5.5 million).
Commissioner Dawkins: So it's still deferred.
Vice Mayor Plummer: And that there was a.. Well, you speak for yourself, will you, please?
Now, why are you getting me in trouble?
Mr. Cesar Odio (City Manager): No, I want to...
Vice Mayor Plummer: There were two...
268
July 13, 1995
Mr. Odio: I would... I... If you want to apply for...
Vice Mayor Plummer: All right. His original staff had negotiated, came back and
recommended. When that staff left and the new staff members came in, they were opposed to it.
He said he wanted to hear all of the sides of the story, and that's why we deferred it until he has
that opportunity.
Ms. Linda Kearson (Assistant City Attorney): Well, Commissioner, are we deferring it until
September? Because we don't have another meeting...
Vice Mayor Plummer: Yes.
Mr. Sondak: That's... That's impossible. That... That is...
Mr. Odio: Well, we can apply, we can apply for five million five hundred thou... We can apply
for five million five hundred thousand dollars ($5,500,000) now.
Mr. Sondak: Right now?
Mr. Odio: If you want to.
Mr. Sondak: OK. And then can we, now, in the next few days, get some... Unless there is a
valid objection contrary to the Court's determination, get the additional four and a half million
dollars?
Vice Mayor Plummer: No.
Mr. Sondak: Because, you know, this isn't a discretionary item. There's a court -approved order
that you all approved.
Vice Mayor Plummer: Sir, let me explain to you what was explained to us by the Manager.
Mr. Odio: Here...
Vice Mayor Plummer: Oh, no, no. Five and a half is what was agreed upon in the court order.
If there was justification for more, it could be ten. The Manager is saying that he has not heard
sufficient justification, and as such, he is only going to recommend that which was the minimum.
Now, I raised the point, sir, that I am a member of that Board, and obviously, that Board has not
approved it, because as a member, they have not called me for over two years for a meeting. It's
just that simple. It's nothing to objecting.
Mr. Sondak: Commissioner, I...
Vice Mayor Plummer: There's been no justification.
Ms. Kearson: Commissioner, just for clarification, this is not the Wynwood Board. This is Dade
Foreign Trade Zone. I think...
Vice Mayor Plummer: All right. Excuse me. I'm going to argue with you again, Linda, to the
effect this loan is for the Wynwood Trade Zone.
Ms. Kearson: That's correct.
Vice Mayor Plummer: That's correct.
269 July 13, 1995
r
Ms. Kearson: But the loan is to be given to Dade Foreign Trade Zone, Inc., not to the Wynwood
Corporation.
Vice. Mayor Plummer: Are you telling me for one minute that the Wynwood Trade Board does
not have to act on this to give it as an application and then transfer it over to them?
Ms. Kearson: That is exactly what I'm telling you, exactly what I'm saying to you.
Vice Mayor Plummer: OK. You're also then telling me that the Wynwood Trade Zone - the
Wynwood Board has not had a meeting for over two years.
MS. Kearson: Well, we're not talking about anything to do with meetings.
Mr. Sondak: Commissioner, Commissioner, that...
Ms. Kearson: If you're asking me to look into that, that's another matter all together. We're
talking about this application.
Mayor Clark: Listen, I'll tell you something. This item...
Ms. Kearson: I think...
Mayor Clark: Please, please. This item has been deferred till the first meeting in September.
We expect you all to get together to work this thing out in that length of time.
Vice Mayor Plummer: That's correct.
Mr. Sondak: Mayor Clark, with all due respect, the Court Order approved settlement of the
dispute that this Commission approved as well.
Vice Mayor Plummer: You read it.
Mr. Sondak: It required the City to apply for this money within 60 days of the effective date of
the settlement...
Vice Mayor Plummer: We are.
Mr. Sondak: ... which time has passed. That time has passed. You are already out of
compliance with what you have approved and the Court ordered you to do. Now, even aside
from that, the deferral for six weeks until September 1st, which would be the next time that this
Commission would act, would be in a position to act, would jeopardize and possibly irretrievably
lose this project, which is something that this entire settlement was designed to avoid. Now,
Mayor Clark...
Mayor Clark: That's the way we stand right now. Please.
Mr. Sondak: I understand that, but that is... There's also a pending matter that was voted on that
you invited us to speak on, and I'm trying to speak on it. The fact is that there was in the
settlement agreement a requirement that the City apply for this money. It's no longer a matter of
discretion as to whether the Commission wishes to do this or not.
Vice Mayor Plummer: We were ready.
270 July 13, 1995
Vice Mayor Plummer: Mr. Mayor, I move at this time that the application be forwarded
immediately for five point five million dollars ($5.5 million), that which was agreed upon in the
settlement. I so move.
Mr. Sondak: We have a right to...
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mr. Sondak: We have a right to...
Vice Mayor Plummer: Sir, you don't make my motions. You heard my motion? I'm in
compliance with the consent decree. OK? I move it.
Commissioner Gort: In discussion... Mr. Mayor, I'd like to ask a question.
Mayor Clark: All right.
Commissioner Gort: Who did we sign the settlement agreement with? Did we sign it with...
Vice Mayor Plummer: The lawsuit that was filed.
Commissioner Gort: But who was it?
Mr. Sondak: With us, with Dade Foreign Trade Zone.
Commissioner Gort: Because I inherited all this and...
Mr. Odio: The settlement?
Commissioner Gort: Who did we give the... Yeah.
Mr. Odio: The settlement was with the Wynwood Community Economic Development.
Ms. Kearson: And with the Dade Foreign Trade Zone.
Mr. Sondak: And with...
Mr. Odio: And...
Commissioner Gort: Both.
Ms. Kearson: Both.
Commissioner Gort: OK. So both... OK. Thank you.
Mr. Odio: And Dade Foreign Trade Zone.
271 July 13, 1995
Am
Mayor Clark: Call the roll. Call the roll on that motion.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-585
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ("HUD"), FOR A LOAN UNDER THE HUD SECTION 108
PROGRAM IN AN AMOUNT NOT TO EXCEED $5.5 MILLION, FOR THE
PURPOSE OF FINANCING THE DEVELOPMENT OF A FOREIGN TRADE ZONE
COMPLEX, LOCATED IN THE WYNWOOD TARGET AREA TO BE
CONSTRUCTED AND OPERATED BY DADE FOREIGN TRADE ZONE, INC.;
FURTHER AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY
TO PREPARE THE NECESSARY DOCUMENTATION TO COMPLETE THE
APPLICATION PROCESS.
(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: OK. Now you got it.
Mr. Sondak: Thank you very much. Thank you.
------------------------------------ --- -
121. CODESIGNATE N.W. NORTH RIVER DRIVE FROM N.W. 3 STREET TO
N.W. 4 STREET AS: CLYDE S. McLAREN WAY.
Mayor Clark: All right. I have one pocket resolution. This is to codesignate Northwest North
River Drive from 3rd Street to 4th Street as Clyde S. McLaren Way. This was suggested by
Federal Judge C.D. Weaver.
Vice Mayor Plummer: I move, Mr. Mayor, that that matter be resolved in the Memorial
Committee.
Mayor Clark: All right.
272 July 13, 1995
,� ak�xst
Vice Mayor Plummer: And that, in fact,.it come back here, and that that street, without question,
should be done such. And I would assume because it is for a very worthy fraternal organization
that the City would assimilate the cost factor for them.
Mayor Clark: All right. You moved that. Cast a unanimous ballot on that, Mr. Clerk.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-586
A RESOLUTION CODESIGNATING NORTHWEST NORTH RIVER DRIVE FROM
NORTHWEST THIRD STREET TO NORTHWEST FOURTH STREET, MIAMI,
FLORIDA, AS "CLYDE S. McLAREN WAY," WAIVING ALL FEES REQUIRED
UNDER SEC. 54-92 OF THE CITY CODE; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES.
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.
Mayor Clark: You got any?
Commissioner De Yurre: I have a couple. I have a resolution here which reads: A resolution
authorizing the City Manager to enter into an agreement in a form acceptable to the City
Attorney to provide a grant to the Allapattah Business Development Authority.
Vice Mayor Plummer: I've already done it, Victor.
Commissioner De Yurre: It's already done?
Vice Mayor Plummer: It's passed.
Commissioner De Yurre: Amazing.
273
July 13, 1995
122. APPROVE INSTALLATION OF STEEL PICKET FENCE AT AFRICAN
SQUARE PARK -- BY RONALD M. GIBBONS (UNDER DADE COUNTY
CONTRACT 4641-0/96) -- ALLOCATE $11,000 FROM CIP 331053.
Commissioner De Yurre: Next, I have another one. A resolution to award a steel picket fence at
African Square Park for eleven thousand dollars ($11,000).
Mayor Clark: Steel picket fence.
Commissioner De Yurre: OK? They need it for the... OK, I so move.
Mayor Clark: Second. Cast a unanimous ballot.
Commissioner De Yurre: OK.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-587
A RESOLUTION APPROVING THE INSTALLATION OF A STEEL PICKET FENCE
AT AFRICAN SQUARE PARK FOR THE DEPARTMENT OF PARKS AND
RECREATION UNDER AN EXISTING DADE COUNTY CONTRACT NO.4641-0/96
BY RONALD M. GIBBONS, AT A TOTAL PROPOSED COST OF $11,000.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 331053, ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows bod of resolution omitted here and on file in the Office of the City
Y
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.
Commissioner Dawkins: Mr. Plummer, you held up two items because Commissioner De Yurre
was not here. What were they?
Mayor Clark: No, no, he got them now. He's already passed them.
274 July 13, 1995
Commissioner Dawkins: OK.
Mr. Cesar Odio (CityManager): Ninety-four and 95.
Vice Mayor Plummer: Ninety-four and 95.
Mayor Clark: Yeah, that's in a deferred status right now.
Commissioner Dawkins: Yes. You weren't here, so we held up 94 and 95.
Mayor Clark: No, we deferred it.
Commissioner Dawkins: Oh, deferred it.
Commissioner De Yurre: Oh, well, I can hear it now, if you wish.
Commissioner Dawkins: It's deferred. Leave it deferred.
Mayor Clark: Is everybody here from when we deferred it still here?
Commissioner De Yurre: Is everybody here that's supposed to be here?
Unidentified Speaker: Yes.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Mr. Beltran is here.
Mayor Clark: Let's get a motion to take it back off the table then.
Vice Mayor Plummer: Well...
Mayor Clark: I don't know. You got this thing deferred and...
Commissioner Dawkins: Leave it off. Leave it deferred. Leave it.
Mayor Clark: You're playing games with it.
Vice Mayor Plummer: Huh?
Mayor Clark: You're playing games. First we take it off and defer it till the 1st. And there's no
time..
Commissioner Dawkins: Leave it. All right. Go ahead. OK.
Mayor Clark: There's no time. This is not...
Vice Mayor Plummer: OK. Whatever you want to do, do it.
Mayor Clark: This is not time... I'm not trying to kill it. It's in a deferred status.
Mice Mayor Plummer: All right.
Mayor Clark: Till the 1st of September.
275 July 13, 1995
t
Vice Mayor Plummer: All right. Fine.
Commissioner Dawkins: OK, OK. No problem. All right. We'll go into the Planning and
Zoning.
Mayor Clark: That item will be heard the first meeting of September.
[NOTE AT THIS POINT, THE CITY COMMISSION CLOSED
CONSIDERATION OF THE REGULAR PORTION OF THE
AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA.]
MINUTES OF PLANNING & ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of July, 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 3:35 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
A. Quinn Jones, III, City Attorney
Sergio Rodriguez, Assistant City Manager
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Parr1
July 13, 1995
123. DISCUSS AND CONTINUE (TO SEPTEMBER MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO ISSUE MAJOR USE
SPECIAL PERMIT TO DESIGNATE BAYSHORE VILLAS PROJECT (2066
N. BAYSHORE DRIVE) AS A PLANNED UNIT DEVELOPMENT.
[Applicant(s): Reese Bayshore Corp. (owner); Reese Bayshore Corp. of
Hollywood (buyer).]
Mayor Clark: Mr. Rodriguez, are you still with us? You haven't taken the plunge yet? How
many persons are the applicants of the items we have in the Zoning agenda - the applicants - are
seeking a deferral? Yes, sir. OK, George, just a minute. Other than Mr. Knox? All right, Mr.
Knox, you're now recognized.
Mr. George Knox: Thank you very much, Mr. Chairman. My name is George F. Knox. I'm an
attorney with offices at 2601 South Bayshore Drive, and...
Vice Mayor Plummer: What item, George?
Mr. Knox: Item number PZ-14. All parties concerned, along with the City staff, have indicated
that it may be in the best interest of the project that we continue the item until your September
meeting. There are some matters that we need to clarify with the staff, and we've spoken to
counsel for both parties, and there appears to be concurrence.
Mayor Clark: Item 14?
Mr. Knox: Yes, sir.
Mayor Clark: Are there persons either in favor of or objecting on item 14 on today's agenda
present?
Unidentified Speaker: Yes.
Mayor Clark: Yes, ma'am. He's suggesting, and the reason for it... Give the reason, George,
for the deferral until September.
Mr. Knox: Yes, sir. There are two reasons for the deferral. One of them relates to the City of
Miami, because in the City's final review, there was an apparent discrepancy concerning a
description in the application.
Mayor Clark: Does it have to be re -advertised?
Mr. Knox: No, it doesn't have to be re -advertised at this point, but the City has to decide
whether or not it has to be re -advertised.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, there was... We discovered a
discrepancy between the disclosure and the warranty deed submitted by the applicant, and the
survey submitted also by the applicant, and based on this, we feel that we should continue the
item until September, the Planning and Zoning meeting in September so that the staff can
establish if we have a substantial deviation in the application, and if necessary, if they have to go
back to the Planning Advisory Board, or if he can come directly to this body in the September
meeting.
277 July 13, 1995
Mayor Clark: All right. There's a motion. Is the motion in order?
Vice Mayor Plummer: Can I ask a question, George?
Mr. Knox: Sure.
Vice Mayor Plummer: This is the one up off the boulevard?
Mr. Knox: Yes, sir.
Vice Mayor Plummer: Is this the one that everybody kept calling me, telling me that everybody
looked like a fool...
Mr. Knox: I don't know.
Vice Mayor Plummer:... because nobody could make up their mind as to what they were doing?
Mr. Knox: I don't know, but I can say that there was some objection, and during this period of
time, we will attempt to resolve it.
Vice Mayor Plummer: OK. All right.
Mayor Clark: Well, what...
Vice Mayor Plummer: Is there any objection to deferring?
Mayor Clark: These people are here. They want to hear it or...
Vice Mayor Plummer: They want to hear it? Is that what...
Mr. Joel Maxwell (Deputy City Attorney): No, no.
Unidentified Speaker: No, sir, no, sir.
Mayor Clark: We've got to... We've got to defer it. We'll have to.
Mr. Rodriguez: You shouldn't hear it today. You should not hear it today.
Vice Mayor Plummer: Well, then what are we waiting for? You want a motion to defer?
Mr. Rodriguez: For a motion.
Mayor Clark: Yeah, sure.
Vice Mayor Plummer: I so move.
Mayor Clark: Is there a second? What's the date in September?
Vice Mayor Plummer: September the 28th.
Mr. Rodriguez: The second - 28th of September.
Mayor Clark: This item will be deferred until the 28th of September. It will be the first item on
the agenda so you won't have to be here half the night.
278 July 13, 1995
Mayor Clark: All in favor, signify by saying "aye."
The City Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered. Thank you all, folks, for coming down.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-588
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-14 (MAJOR
USE SPECIAL PERMIT TO DESIGNATE BAYSHORE BAY VILLAS PROJECT,
LOCATED AT 2066 NORTH BAYSHORE DRIVE, AS A PLANNED UNIT
DEVELOPMENT) TO THE COMMISSION MEETING ON PLANNING AND
ZONING ITEMS PRESENTLY SCHEDULED FOR SEPTEMBER 28, 1995, AS THE
FIRST ITEM ON THE AGENDA.
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.
Mayor Clark: Give them a chance to leave now. Would you let the people out.
Vice Mayor Plummer: OK.
Mayor Clark: Thank you.
Vice Mayor Plummer: Again, what was the "21" for on item 14?
Mr. Rodriguez: They meant PZ-1, PZ-1, I guess. I don't know.
Vice Mayor Plummer: Ah.
Mr. Knox: That's the condo,
Mr. Rodriguez: Oh, the condo association.
Ms: Lourdes Slazyk: That's the condo.
Vice Mayor Plummer: I thought it's they were 21 years of age. That's why I asked.
Mayor Clark: Please, now, folks. Be quiet as you leave.
279 July 13, 1995
Vice Mayor Plummer: Can we get about 22 more items deferred, Mr. Mayor?
Mayor Clark: No. We'd have to hear them on another day. Let these people leave and then
we'll... Turn the lights out. It won't be so hot in here.
Commissioner Gort: It is hot.
Mayor Clark: It is hot. Those people standing up, please have a seat. There are plenty of empty
seats now.
-------------------------------------------------------------------------------------------------------------
124. GRANT CLASS I SPECIAL PERMIT (95-0118) FOR EXCEPTION TO
SECTION 333.03(3), FLORIDA STATUTES -- APPROVE BUENA VISTA
REPLACEMENT SCHOOL IN MIAMI INTERNATIONAL AIRPORT CLEAR
ZONE (RUNWAY APPROACH PATH) AT N.W. 30 STREET AND 3
AVENUE -- ZONED C-2 LIBERAL COMMERCIAL. [Applicant(s): School
Board of Dade County.]
Mayor Clark: All right, PZ-1.
Ms. Lourdes Slazyk: Good evening. For the record, my name is Lourdes Slazyk from the
Planning, Building and Zoning Department. PZ-1 is a referral of an application for a class one
special permit for an exception to Florida Statute, specifically approving the Buena Vista
replacement school.
Vice Mayor Plummer: Are there any objectors?
Mayor Clark: Let me handle this thing, will you, J.L.?
Vice Mayor Plummer: Oh. I thought you wanted to rush it up. I'm sorry.
Mayor Clark: I am trying to, but let her finish what she's saying.
Ms. Slazyk: OK. This is a... Just for the...
Vice Mayor Plummer: Excuse me for trying.
Ms. Slazyk: ... Buena Vista replacement school to be located within the Miami International
Airport Clear Zone. A class one special permit is required if there's any... if the Zoning
Administrator feels there might be an aviation hazard. We recommend approval and the Zoning
Board also recommended approval.
Commissioner Gort: Move it.
Mayor Clark: Are there any objectors present on item 1?
Commissioner Gort: Move it.
Mayor Clark: Hearing none, the hearing is closed. Moved by Mr. Gort.
280 July 13, 1995
}
Mayor Clark: Seconded by Mr. Plummer. Cast a unanimous ballot. The recommendation
stands.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-589
A RESOLUTION GRANTING CLASS I SPECIAL PERMIT NO. 95-0118 FOR AN
EXCEPTION TO SECTION 333.03(3), FLORIDA STATUTES, SPECIFICALLY,
APPROVAL OF BUENA VISTA REPLACEMENT SCHOOL IN THE MIAMI
INTERNATIONAL AIRPORT CLEAR ZONE (RUNWAY APPROACH PATH)
LOCATED AT NORTHWEST 30TH STREET AND 3RD AVENUE, MIAMI,
FLORIDA, ZONED C-2 LIBERAL COMMERCIAL.
(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.
----------------------------------------------------------------------------------------------------------------
125. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF
ALLEY BOUNDED BY N.E. 62 STREET (NORTH), N.E. 61 STREET
(SOUTH), N.E. 2 AVENUE (WEST), AND N.E. 2 COURT (EAST)
(TENTATIVE PLAT 1405-B, 62ND PLAZA). [Applicant(s): Jean-Claude.
Timmer.] (See label 128)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 2, street closure, vacation, abandonment and discontinuation.
Mr. Jim Kay: Mr. Mayor and members of the Commission, item PZ-2 is a public hearing for the
vacation and closure of a ten -foot wide alley in conjunction with the Plat of 62 Plaza. It's been
reviewed by the Plat and Street Committee and Public Works Department...
Vice Mayor Plummer: Is it going back to them?
Mr. Kay: Yes.
Vice Mayor Plummer: In other words, they would be the recipient of the square footage?
281 July 13, 1995
Mr. Kay: The purpose of the plat is to close and vacate the alley so that they retain the
ownership of the alley.
Vice Mayor Plummer: And have they offered to do something for the City?
Mr. Kay: We're talking about a sum of approximately 2,000 square feet of alley.
Vice Mayor Plummer: Two thousand square feet of property you would be getting?
Mayor Clark: Do they own the abutting property?
Vice Mayor Plummer: What's a square foot of property worth up there?
Mr. Kay: Right now, we don't know.
Mr. 'Jean-Claude Timmer: Excuse me. Respectively, it has limited or no value. It's been
undeveloped for many, many years because it's...
Vice Mayor Plummer: Oh. Well, if it's no value, then you don't need it. I'll move to defer...
Mr. Timmer: The only way to make it of any commercial value or use, Commissioner, is to
vacate the alley, which is an imaginary alley. It doesn't exist.
Vice Mayor Plummer: You don't understand, sir. OK? But when we defer it... What's the
value of a square foot of property up there?
Mr. Kay: I would say anywhere from probably eight to ten dollars ($8 to $10) a square foot.
Vice Mayor Plummer: That's about twenty thousand dollars ($20,000). That's what they would
be acquiring, would be twenty thousand dollars ($20,000).
Mr. Kay: Approximately.
Vice Mayor Plummer: That's public property, you understand, sir. That's owned by the
taxpayers.
Mr. Timmer: Yes, I do, Commissioner.
Vice Mayor Plummer: Yes. And are you offering to help the City in any way, sir?
Mr. Timmer: Yes.
Vice Mayor Plummer: How are you offering to help the City?
Mr. Joel Maxwell (Deputy City Attorney): Excuse me, J.L.
Mayor Clark: Mow the grass.
Mr. Maxwell: Mr. Mayor, you need to swear in the witnesses.
Mayor Clark: I will. Just a minute. Let them finish here. Then we'll swear them in.
Vice Mayor Plummer: OK. Mr. Mayor, I'd like to defer this item for a little while.
282 July 13, 1995
0�)
Mayor Clark: Motion to defer.
Vice Mayor Plummer: Yea. Until...
Mayor Clark: Second. Cast a unanimous ballot.
Mr. Kav: Table?
Vice Mayor Plummer: Yeah.
Mayor Clark: Figure out a system of how you're going to replenish the City with some funds.
Vice Mayor Plummer: Yeah. You know, if you want the City to do something for you, I think
it's only right that you do something for the City. But, of course, it has to be voluntary. Of
course.
END OF DISCUSSION -- NO ACTION TAKEN
------------------------------------------------------------ ----------------------------------------------------
126. GRANT VARIANCE TO ALLOW: (1) A NORTH SIDE YARD SETBACK
FOR EXISTING ADDITION OF A FLORIDA ROOM TO THE FRONT
RESIDENCE, (2) A SOUTH SIDE YARD SETBACK FOR AN EXISTING
TWO BEDROOM UNIT, AND (3) TO WAIVE THREE OF FOUR REQUIRED
PARKING SPACES -- AT 2701 N.W. 24 COURT -- ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. (Applicant(s)
Appellant(s): Carlos Lopez for Caribe Insurance.]
----------------------------------------------------------- ----------------------------------------------------
Vice Mayor Plummer: Item number 3.
Mayor Clark: All the persons that may testify today, please raise your right hand to be sworn by
the Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: OK, fine. Now, they're sworn. Item number 3.
Ms. Lourdes Slazyk: Item number 3 is an appeal of a Zoning Board denial of a variance. The
Planning, Building and Zoning Department is also recommending denial. This is a variance for
property located at 2701 Northwest 24th Court. The variance request is for side setback and
parking for an existing residential structure. We recommend denial because while the property
is not of standard configuration - it's a long narrow lot - it has sufficient size to accommodate
reasonable use if it's designed well. It's a design solution. We believe that reasonable use of the
property was being obtained prior to the additions which were built without building permits.
Again, we recommend denial.
Mayor Clark: Do we have objectors present on item 3? Objectors?
Vice Mayor Plummer: Well, what is... What...
283 July 13, 1995
Mayor Clark: Are you the petitioners?
Mr. George Lastayo: Yes, we are.
Commissioner Gort: Let him make a presentation.
Vice Mayor Plummer: Yeah. I mean...
Mayor Clark: Give us your say. Give us your side of it,
Mr. Lastayo: For the record, my name is George Lastayo. I'm the architect for the defendant.
Commissioner Gort: No. I don't want to hear about this guy. No, he's not a defendant.
Mayor Clark: Continue, sir.
Commissioner Gort: He's not a defendant. He's a petitioner.
Mr. Lastayo: The petitioner.
Commissioner Gort: OK.
Mr. Lastayo: Been seeing the OJ trial too much.
Commissioner Gort: Yeah.
Mr. Lastayo: Carlos Lopez bought this foreclosed property, and when he acquired it, there were
a couple of violations on there. One of them was electrical, which he went ahead, he did the
plans for it, and he corrected the electrical problems that were there in the house in the back.
When the electrical inspectors came out for the last time, they noticed that they were in violation
of some setback requirements. So then...
Mayor Clark: Excuse me, sir. How long ago was this built?
Mr. Lastayo: This was built quite a long time, back in 1930s. So I.
Commissioner Gort: Mr. Mayor...
Mr. Lastayo: What we're saying is the garage in the back and also the house in the front which
the Planning Department is saying that we're encroaching the setback on were there from a long
time ago.
Mayor Clark: Before zoning in this City.
Mr. Lastayo: Before zoning, that's correct.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding, from what he's saying, is that this was found because
he volunteered, and went and tried to fix everything when he got the property.
284 July 13, 1995
Mr.Lastayo: That's correct.
Commissioner Gort: So in other words, if we were to pass this, he would have to comply with
all the...
Mr. Lastayo: He already did.
Commissioner Gort: He already did.
Mr. Lastayo: He already did.
Commissioner Gort: OK.
Mr. Sergio Rodriguez (Assistant City Manager): I don't know, but it's horrendous.
Mayor Clark: Get a motion, Willy.
Commissioner Gort: I'll move it.
Mayor Clark: Is there a second? Seconded. Cast a unanimous ballot with no exception.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-590
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, TO
ALLOW A NORTH SIDE YARD SETBACK OF 2.93' (10'-0" MINIMUM
REQUIRED) FOR AN EXISTING ADDITION OF A FLORIDA ROOM TO THE
FRONT RESIDENCE, TO ALLOW A SOUTH SIDE YARD SETBACK OF 1.65' -
1.78' (10'-0" MINIMUM REQUIRED) FOR AN EXISTING TWO BEDROOM UNIT
AND TO WAIVE THREE (3) OF FOUR (4) PARKING SPACES REQUIRED FOR
THE PROPERTY LOCATED AT 2701 NORTHWEST 24TH COURT, MIAMI,
FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL,
SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH TO
OBTAIN A BUILDING PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
285 July 13, 1995
a
_ vim`
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.
Mayor Clark: Item number 4. Thank you, sir. It's been approved.
Mr. Lastayo: Thank you.
Mr. Joel Maxwell (Deputy City Attorney): I'm sorry, is that reversing the decision of the Zoning
Board?
Vice Mayor Plummer: I guess.
Mayor Clark: Yes.
Mr. Maxwell: Yes. Granting a variance?
Mayor Clark: Yes, sir, it is.
----------------------------------------------------------------------------------------------------------------
127. GRANT SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL UNIT FOR
EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA FOR PROJECT
WITH NET LOT AREA OF 20,351.25 SQ. FT., CONTAINING FOUR
STRUCTURES WITH TOTAL OF EIGHT UNITS (WITH CONDITIONS) AT
1320, 1322, 1324, 1326, 1328, 1330, 1332, 1334 N.W. 31 AVENUE (ZONED R-
2 TWO-FAMILY RESIDENTIAL). (Applicant(s): O. & E. Garcia, M. Martin,
H. & R. Gonzalez. Appellant(s): Adjacent owners and neighbors.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 4.
Ms. Lourdes Slazyk: PZ-4 is a neighborhood appeal of a special exception which was granted
by the Zoning Board with the conditions as recommended by the Planning, Building and Zoning
Department. This is a special exception to provide a total of eight dwelling units on an oversized
duplex lot. The site plan has adequate parking and sufficient open space between structures.
However, we would request that a more substantial landscape buffer be provided along the
perimeter of the property, which abuts other residential areas. We are recommending approval
with conditions that a landscape plan with specifications be provided showing the landscape
buffer I just described; that an appropriate screened trash area or trash pick up plan be provided,
and that per the Public Works Department, replatting shall be required.
Mayor Clark: All right. Are there objectors present on this item?
286
July 13, 1995
Commissioner Gort: They're the one that... Yeah, they're the one that appealed.
Ms. Slazyk: The neighborhood appealed. This is... The Zoning Board granted it, and the
neighborhood appealed.
Commissioner Gort: This is an appeal.
Mayor Clark: All right. You come up and appear, then, and you present your case, because it's
been recommended for approval.
Vice Mayor Plummer: May I ask a question, Mr. Mayor?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Is the applicant in agreement with all of the provisions that have been
outlined?
Mr. Jose Babun: Yes, sir.
Vice Mayor Plummer: Thank you.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, Mr. Mayor, I understand that the
objectors might not speak English, I've been told by my staff. So maybe we can announce in
Spanish that we're going to be meeting with this...
Mayor Clark: All right, proceed. Give us your name and address. "Nombre."
Mr. Babun: OK. My name is Jose Babun. I'm the adjacent owner. I live at 3160... I live at
3160 Northwest 14th Street.
Mayor Clark: Yes, sir.
Mr. Babun: And I just want to make clear that we, as the owner, are willing to set two duplex
structures, with a total of the four units within this lot area that is specified for this proposed
project. This is agreed, since we have similar property size.
Mayor Clark: Folks, come over here and sit down, will you? You're blocking the traffic here.
If we had an accident in this place, people couldn't get out. Lady, please have a seat up here.
Gentlemen, please have seats. There are plenty of seats up here. Don't block those aisles. Yes,
sir.
Mr. Babun: OK. This was agreed, since we have similar property size, there's only two duplex
structures in this same block, and also, if any structure is to be built, it has to be only a one -floor
unit, instead of units consisting of two floors as proposed. This allows privacy on the property of
the neighbors. That's another condition. Also, if the City is willing to accept this proposed eight
units to be built, it would cause an imbalance of density to the neighbors, and I think... Is the
City willing to compensate the owners at the time of the sale of the property, in case of losses
-. due to the new proposed eight units? And also, I -also wanted to mention that it doesn't mention- _
_ - about an appropriate screened trash area or -pick-up plan which should be determined prior- to the _ -
approval of this eight_ ;structure units.-
- - - 287: _July 1.3, 1995 __
r 7
Mayor Clark: All right, sir. Thank you for your comments. Does someone else wish to speak?
Does someone wish to add something? All right, Mr. Perez.
Commissioner Gort: Mr. Mayor, my understanding is that Sergio was just telling me that there's
some of them who do not speak English. Maybe that...
Mayor Clark: Well, I asked if they wanted to speak.
Vice Mayor Plummer: They didn't understand it.
Commissioner Gort: Why don't you ask them in Spanish.
Mr. Rodriguez: "Alguno quiere hablar en este... en relacion con este caso en espanol y se les
traduce to que ustedes quieran? Si quieren hablar, este es el momente, que tienen que levantarse
y hacerlo."
Mayor Clark: Apparently, they did understand me, J.L. OK.
Vice Mayor Plummer: They still don't understand.
Mayor Clark: Your name and address.
[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 MR.
SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.]
Ms. Daisy Perez: My name is Daisy Perez. My address... MI DIRECCION ES 3131
NORTHWEST 14 STREET, MIAMI, FLORIDA.
TRANSLATION: My address is 3131 Northwest 14th Street, Miami, Florida.
Mayor Clark: You don't speak English?
Ms. Perez: Well, not perfect.
Commissioner Dawkins: She understands well, though.
Mayor Clark: Understands pretty good, yeah.
Commissioner Dawkins: That's why she came to the mike.
Ms. Perez: NOSOTROS ESTAMOS OPUESTOS A ESTE PROYECTO, PORQUE
PENSAMOS, LOS QUE HEMOS DECIDIDO VIVIR EN ESA AREA, QUE ERA UN AREA
BIEN PRIVADA QUE SE NOS VA A CONVERTIR EN ALGO MEDIO COMERCIAL. EN
ESTE MOMENTO TENEMOS BIEN MALA LA 14 POR EL TRAFICO, Y MUCHAS VECES,
PARA CRUTAR A LA ACERA DE ENFRENTE TENEMOS QUE PASAR UN BUEN RATO.
SI AHORA VIENEN A POPULAR MAS ESA AREA, QUE TIENE UNA SOLA SALIDA,
PORQUE NO PUEDEN SALIR PARA... ESTA CERRADO POR EL EXPRESSWAY, NOS
PONDRIAMOS ENTRE LOS AVIONES, Y LOS AUTOMOBILES Y LAS PERSONAS
_ AMBULANDO EN EL BARRIO Y SERIAMOS -COMO VIVIR EN. EL -DOWNTOWN.
288:.. July 13, 1995 .. _.
�.
Y
{
VIVIMOS EN UNA AREA QUE TRATAMOS DE TENER TODO LLENO DE ARBOLES
PARA BENEFICIARNOS CON... DEL pollution. LOS taxes DE NOSOTROS SON
BASTANTE CONSIDERABLE& ENTONCES TENDREMOS QUE MUDARNOS O ALGO
DEL AREA, Y DARLE PASO A EDIFICACIONES.
TRANSLATION: My address is 3131 Northwest 14th Street, Miami, Florida. We are against
this project because we have decided to stay in this area, live in this area. It's a very private area
which he is going to convert into something which is more commercial At this point, we have
the 14th Street in bad shape because of the cars. Sometimes, even to cross the street, we have to
wait for a while. If now... On top of that, this area that only has one exit, because the other one
is blocked because of the expressway, and put more density in the area, it would place us in a
situation that, combining the airplanes with air flights, and the expressway, and the people which
are walking through the area in a density and character similar to downtown. We are trying to
keep the area full of trees so that we can benefit from not... the negative effect of pollution. Our
taxes are fairly considerable. We have maybe to move out of the area and give room to higher
development.
Mayor Clark: All right. Thank you, ma'am. All right, sir, that's all. Go ahead. Excuse me,
before you start, Virgilio, you know, Sergio, we used to have in this book a page that showed a
map of the area.
Vice Mayor Plummer: Yeah, it's up there now.
Mr. Rodriguez: You should have it over...
Mayor Clark: I know. You can't see that over there. Why can't you...
Mr. Rodriguez: Yeah. You should have it over here, sir. Let me... one second. Look at page 11
and page 13 of your package.
Mayor Clark: Well, we're listed... we're beyond that.
Mr. Rodriguez: PZ-4.
Vice Mayor Plummer: The backup here, unless they took it out.
Mr. Rodriguez: Eleven and 13 of that.
Vice Mayor Plummer: The problem is, what's probably confusing, is this is not colored... No,
here it is. You just passed it.
Mr. Rodriguez: Look at the bottom, yeah. That's the area, and then the one before that should
be the location map.
Mayor Clark: OK, I got it. All right. That's fine.
Vice Mayor Plummer: It's just not colored, that's all.
Mayor Clark: Yeah. All right. Proceed.
Mr. Virgilio Perez: Yes. Mr. Mayor and members of the Commission, my name is Virgilio
Perez, with offices at 1401 West Flagler, and I'm going to be very brief on the presentation,
because I am presenting the project as it is, because we have gone to the Zoning Board, and we
got approved by the Zoning Board, and also by the staff of the City of Miami, which we have
agreed to all the requirements that they're doing. I'd just like to briefly address the petition that
289 July 13, 1995
the neighbors have, and I'm going to just flip up this proposal here. First of all, we were caught
by surprise that there was a petition to appeal this, this item on May 22nd. One of the things that
they said, that the neighbors had not been addressed, or they had not been properly gone to them.
So immediately, we sent them a letter, and we went individually and met with all the neighbors.
Much to our surprise, we found out that most of the neighbors who had signed the petition were
not aware of this project. They thought that there was going to be an 18-unit apartment here, that
we were changing the zoning, which we're not, we're not putting 18 units. And I'd like to
submit this as an exhibit, which I have highlighted in yellow all the neighbors who have signed
in the other petition, who are signing right now that they're in favor of our development.
Mayor Clark: What are you doing there, Virgilio?
Mr. Perez: We're just doing, according to the Code 11000, four duplexes that we're doing. We
have, in fact, three parking spaces per unit, and we were only required to have two. We only...
We have 40 percent landscaping that we're proposing, instead of 15 percent. We're enclosing
the whole thing. The setbacks we're having, there's a requirement of the City, 855 square feet.
We're giving them 1,855. And we have over 23 neighbors, specifically, that they're adjacent to
this property, that are in favor, that they signed the petition, thinking that this was an 18-unit
apartment complex. And right here on 31st Avenue, everybody that is in front of it, adjacent, all
- give this as an exhibit, our letter, and also including the
over, they are accepting. I suggest this
other petition. They are there with signs, and I have here one of the neighbors who signed the
.' other petition who wants to speak in favor of our proposal.
Vice Mayor Plummer: Is the department in favor?
Mayor Clark: OK. Any further information needed?
Mr. Perez: May I call Mr. Benito Fernandez Pantoja?
Mayor Clark: Any further information needed?
Vice Mayor Plummer: Not for me, sir.
Mayor Clark: All right. Now, I'm going to close the public hearing and ask you for your
comments.
Vice Mayor Plummer: Mr. Mayor, I move it, subject to the conditions and the safeguards built
in by the department, and I move it based on that decision.
Mr. Joel Maxwell (Deputy City Attorney): Subject to a covenant...
Mayor Clark: Call the roll.
Commissioner Gort: Mr. Mayor, I have to be consistent. The first time we had something like
this in front of us, we had voted against it...
Vice Mayor Plummer: OK.
Commissioner Gort: ... and we need to change the ordinance so this type of thing would not
happen again.
Vice Mayor Plummer: Excuse me. Mr. Mayor...
Commissioner Gort: Nothing against Virgilio. You have to understand that.
290
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-581
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
LOWEST RESPONSIBLE AND RESPONSIVE BID IN AN AMOUNT NOT TO
EXCEED $40,000.00 FOR THE ARMBRISTER PARK IRRIGATION SYSTEM
RENOVATION PROJECT B-6235-A; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $48,224.00, TO COVER THE CONTRACT COST AND
ESTIMATED EXPENSES FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 331342, ENTITLED "GRAND AVENUE/ARMBRISTER PARK
RENOVATIONS," AS APPROPRIATED BY ORDINANCE NO. 11205, AS
AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR THIS PURPOSE.
(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
----------------------------------------------------------------------------------------------------------------
117. ACCEPT BID: D.E. GIDI AND ASSOC. CORP. ($73,129 TOTAL BID) FOR: COCONUT GROVE MINI -PARK RENOVATION B-6238 --
ALLOCATE FUNDS ($73,129 - CONTRACT COST, AND $12,621 -
ESTIMATED EXPENSES, TOTALING $85,750) FROM CIP 331382 --
AUTHORIZE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: A resolution accepting the bid of D.E. - the last name is G-I-D-I -- and
Association Corp. in the proposed amount of seventy-three thousand one twenty-nine ($73,129),
total bid of the proposal for the Coconut Grove Mini Park Renovation B6238, allocating funds
therefor from project number 331382, as appropriated by the 1994/95 Capital Improvement
Ordinance Number 11205, as amended, in the amount of seventy-three thousand one twenty-nine
($73,129) to cover the contract cost of twelve thousand eight twenty-one ($12,821), to cover the
estimated expenses or estimated total cost of eighty-five thousand seven hundred and fifty
($85,750), and authorizing the City Manager to execute a contract in a form acceptable to the
City Attorney with said Firm. I so move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
263
July 13, 1995
if
Mr. Perez: I understand. I understand, Commissioner.
Commissioner Gort: I have to be consistent with my votes.
Mr. Perez: I understand, Commissioner.
Mayor Clark: Go ahead, go ahead.
Vice Mayor Plummer: Mr. Mayor, the Law Department is saying it has to be subject to a
covenant voluntarily being given by the applicant to the department.
Mayor Clark: OK.
Vice Mayor Plummer: To the Legal Department. -
Mr. Perez: A covenant saying what? I mean...
Vice Mayor Plummer: That you agree to the conditions imposed.
Mr. Perez: Oh, yes, we will.
Mayor Clark: OK. Second it? Do you second it?
Mr. Maxwell: And it will be put in covenant form.
Vice Mayor Plummer: In a covenant form.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-591
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM 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 1 ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET OF
LOT AREA FOR A PROJECT WITH A NET LOT AREA OF 20,351.25 SQUARE
FEET AND CONTAINING 4 STRUCTURES WITH A TOTAL OF 8 UNITS FOR THE
PROPERTY LOCATED AT 1320/22/24/26/28/30/32/34 NORTHWEST 31ST
AVENUE MIAMI, FLORIDA, ZONED R-2 TWO-FAMILY RESIDENTIAL, PER
PLANS ON FILE, WITH A TIME LIMITATION OF 12 MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO (1) REPLATTING; AND
(2) THE FOLLOWING CONDITIONS: PRIOR TO ISSUANCE OF ANY BUILDING
PERMITS, THE PLANNING DIVISION OF THE PLANNING, BUILDING AND
ZONING DEPARTMENT SHALL REVIEW AND APPROVE (A) A LANDSCAPE
PLAN WITH SPECIFICATIONS, DEPICTING A LANDSCAPE BUFFER AND (B)
AN APPROPRIATE SCREENED TRASH AREA, OR TRASH PICKUP PLAN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
NOTE FOR THE RECORD: At this point, the Commission
recognizes the presence o Attorney Ms. Janet Cooper, in the
audience.
Commissioner Dawkins: Mr. Mayor, I'd like to take a point of special privilege.
Mayor Clark: All right.
Commissioner Dawkins: I see Janet Cooper in the audience. She hasn't been here in so long, I
almost forgot what she looks like. I hope I'm going to see more of her.
Ms. Janet Cooper: Thank you very much.
Commissioner Dawkins: OK.
Vice Mayor Plummer: "Oy ve."
292 ' July 1-3, 1995
Mr. Jean-Claude Timmer: Yes, they're here.
Vice Mayor Plummer: Yes, on behalf of your client...
Mr. Timmer: On behalf of my client, I'm sorry.
Vice Mayor Plummer: Did you have a second thought?
Mr. Timmer: We have thought about it, and in view of the Commission's contemplation of this
wonderful help that he will be giving us, we'd be more than happy to make a twenty-five
hundred dollar ($2500) contribution to the City Public Parks Department.
Vice Mayor Plummer: And that is a volunteer.
Mr. Timmer: That's voluntarily.
Vice Mayor Plummer: Yes, sir. I move item 2, Mr. Mayor, for this generous donation that they
have...
Commissioner Dawkins: Second.
Vice Mayor Plummer: ... seen the light to impose for the playgrounds of the City of Miami.
Yes, sir.
Mayor Clark: You know, J.L. is a person that will always let you down easy.
Vice Mayor Plummer: That's true.
Mayor Clark: He'll never let you down.
Mr. Timmer:Or at least with a smile.
Mayor Clark: All right. Now, that's... So number 2 is a motion. We had a deferred status, so
it's a motion to pass it.
Vice Mayor Plummer: I move to approve.
293
July 13,1995
inv, rujji i : UJL' ur AN ALLVIY bUUIVUL'1J by 1VUKIMAb OZINIJ JI'MIL'1 UIN
THE NORTH, NORTHEAST 61ST STREET ON THE SOUTH, NORTHEAST 2ND
AVENUE ON THE WEST AND NORTHEAST 2ND COURT ON THE EAST, SAID
ACTION BEING A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1405-
B, " 62ND PLAZA."
(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: Item number 5.
July 13, 1995
ji
.........................................................
129. DENY TWO VARIANCES: (1) TO ALLOW A SIDE YARD SETBACK, AND
(2) TO WAIVE FOUR OF SEVEN REQUIRED PARKING SPACES -- TO
EXISTING COMMERCIAL STRUCTURE AT 6600 BISCAYNE
BOULEVARD -- ZONED C-1 RESTRICTED COMMERCIAL / SD-9
BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT. [Applicant(s): H.
& L.'Perez (owners); J. Socarras for Rimje, Inc. (lessee). Appeljant(s): Planning,
Building &Zoning Dept.]
Mayor Clark: Item 5.
Vice. Mayor Plummer: Item 5.
Ms. Lourdes Slazyk: PZ-5 is a Planning, Building and Zoning Department appeal of a variance
which was granted for 6600 Biscayne Boulevard. The basis for the appeal is that... The
department recommendation was for denial for several reasons. First of all, there is no hardship
to justify the request of the variance.
Vice Mayor Plummer: Who is the applicant?
Mr. Hector Perez: Well, I am the owner of the property. My name is Hector Perez.
Vice Mayor Plummer: Are you the applicant, sir?
Ms. Slazyk: We're the appellant.
Mr. Perez: I am the owner of the property.
Vice Mayor Plummer: OK. Who was the appellant? Who made the appeal?
Mr. Sergio Rodriguez (Assistant City Manager): We are appealing it. The department is
appealing it.
Vice Mayor Plummer: Who is?
Mr. Rodriguez: The City is...
Ms. Slazyk: The City.
Mr. Rodriguez: The Planning Department is appealing it.
Vice Mayor Plummer: The Planning Department is the appeal... They go first, correct?
Mr. Rodriguez: Correct.
Vice Mayor Plummer: OK. Let's hear your appeal.
Ms. Slazyk: I'm just going to put two quick points on the record, and then you can hear from the
applicant.
295 July 13, 1995
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ONO A
Vice Mayor Plummer: Well, you made the appeal.
Ms. Slazyk: The existing structure is a grocery store, which has only three parking spaces. Five
were required under a previous ordinance. Therefore, the property is already grandfathered for
less parking than required. This situation will further be exacerbated by a request to grant a
variance for yet another four required spaces. Remember, this is a grocery store in a residential
area. The impact to the neighborhood will be caused by spillover...
Vice Mayor Plummer: Excuse me. Is a police officer out there? Would somebody ask the
police officer, please, to go out and ask those people in the back for a little courtesy so that all of
us can hear the presenters. To those of you in the back, please take your meeting outside. Thank
you. Now I can hear you.
Ms. Slazyk: OK.
Vice Mayor Plummer: Proceed.
Ms. Slazyk: Again, we're very worried about the parking situation. This property is
grandfathered for less parking than what they should have. They're asking for more of a parking
variance, and the impact to the neighborhood will be spillover vehicles that are going to have to
park on residential streets in front of people's homes while they're trying to use the store.
They're also requesting a setback reduction, as well as a waiver of our design guides and
standards for landscaping. You add this to the parking shortage and everything else this property
already has, and we feel that the effect to the neighborhood would be extremely detrimental.
Mr. Rodriguez: I would like to also add to the record that if you look on the first page of your
facts sheet, that's the amount of fines that these people have accumulated so far in the two cases
in which the Code Enforcement Board has found them guilty. In one case, this is one hundred
and eighty-one thousand ($181,000).
Vice Mayor Plummer: How much?
Mr. Rodriguez: A hundred and eighty-one thousand ($181,000), because they haven't complied
for a while, and the other one is one hundred and sixty-eight thousand ($168,000).
Vice Mayor Plummer: Have they...
Mr. Rodriguez: They are trying to correct the problem by applying for a variance at this point.
Vice Mayor Plummer: Have they started foreclosure action?
Mr. Rodriguez: Carlos?
Unidentified Speaker: I don't know. I cannot answer.
Vice Mayor Plummer: You can't answer that.
Mr. Rodriguez: I can get that information from Carlos Smith.
Vice Mayor Plummer: Well, no, under the ruling, you're supposed to start foreclosure on the
third month. All right. Sir, you've heard their side of the story. If you would like to respond,
sir.
Mr. Hector Perez: Yes; sir._ My namels Hector Perez. I am the -owner of the property.
= 296_' July 1-3, 1995
401
Alk
Vice Mayor Plummer: And your mailing address is?
Mr. Perez: I live in 1731 Southwest 92nd Court, Miami, Florida.
Vice Mayor Plummer: All right, sir.
Mr. Perez: OK. So the last time I came here, that we applied for the variance, those two
variances were accepted. I am very surprised that the Zoning Department now appealed. First
of all, the violation that brought this accumulation of fine was one small addition, 256 square
feet only, that was built by my tenant in 1986 to accommodate one walk-in cooler. Then the
problem with the parking lot has been worse because the City of Miami demanded, and they take
away or they took away almost 700 square feet. The ten foot in front of the property had... We
had to give it to the City of Miami in 1984, when we built the building, because of the future
expansion of Biscayne Boulevard might require it. So we have problems with the parking lot in
the front because we had to give to the City of Miami, and we gave to the City of Miami that
piece of land. Now, the situation is that now, they don't allow us to use that space that we gave
to the City of Miami as a parking space. Before, they allowed to do it, and now, they don't want
us to do it. All the property in Biscayne Boulevard, all those small properties in Biscayne
Boulevard are using the front of the property as parking spaces. All the cars park vertical to the
building. And now, we are accommodating six or seven cars, but they want those cars to go into
the parking space from Biscayne Boulevard. And to go out through Biscayne Boulevard, they
require that the .parking space has to be redesigned, that the space - I mean the land that we gave
to the City of Miami cannot be used, and in consequence, we only are going to have three
parking spaces. So the spillover has been caused because of that decision of the City of Miami,
that we have to give to them those 700 square feet.
Vice Mayor Plummer: All right, sir. Do you have anything else to add?
Mr. Perez: Well, I have a problem. I am in between the City of Miami and my tenant, OK?
That small addition that was - has been built illegally, but under the City Code, according to the
architect. I am able even to give a commitment to the City of Miami in the form of a lien that
when I finish my lease with my tenant, within four years, even I can demolish that. I can bring
the property to the previous situation, to the real situation in 1984. But the City of Miami has
put me into that trouble.
Vice Mayor Plummer: Do you have anything else to add, sir?
Mr. Perez: Well, if you have to ask something.
Vice Mayor Plummer: All right. The appellant is the City. Do you want rebuttal? Because the
way. I see it right now, with the two fines you have against you, you really don't even own the
building anymore.
Mr. Perez: Well, if you want, I can sign right now and give the property away, but you, the City
of Miami, put me in that situation. If you allow me to tell you, when that illegal construction,
only 256 square feet, Mr. Plummer, had been built, we could solve the problem, even paying the
fine...
Vice Mayor Plummer: Is that a true statement? I mean, you know, the man is trying to be
honest with us. Is it a true statement, because of what the City did and the property which we
took made him in violation? That's what I understand he's saying. Is that a true statement? My
statement is, simply, he is saying that because of what the City took and confiscated of his
property, put him in violation. If the City hadn't taken it, he wouldn't be in violation. Now, is
that a true statement? Because if it's a true statement, let me tell you something. And I'm going
to somewhat...
Commissioner Dawkins: But I hear something different. I hear him saying that there is an
illegal structure...
Commissioner Gort: That's the second one.
Commissioner Dawkins:... that was put there by his tenant, and he, as the owner, has not forced
the tenant to remove the illegal structure, so he's liable. I mean, all he has to do is tell the tenant,
"You're violating the law by having this on my property."
Vice Mayor Plummer: Well, I hear that also. Is there anybody who wants to speak on the issue?
Do you wish to speak on this issue, for or against?
Mr. Jorge Socarras: I'm the tenant.
Vice Mayor Plummer: You're the tenant of this property that did the illegal refrigerator?
Mr. Perez: No, he didn't build it. The one who built it was the one who sold the proper - I mean
the grocery to him and...
Vice Mayor Plummer: All right. Sir, come up. I'll give you two minutes on the record if you
get sworn in. Give us your name and mailing address while they're looking up here to try, in
fact... All right, sir. Would you move aside, please. Has he been sworn in? Were you sworn in,
sir?
Mr. Socarras: Yes, sir.
Vice Mayor Plummer: OK. Give me your name and mailing address, and proceed.
Mr. Socarras: My name is Jorge Socarras. My address is 960 West 53rd Street, Hialeah.
Vice Mayor Plummer: OK, sir. You are the tenant of this property presently.
Mr. Socarras: Yes, sir.
Vice Mayor Plummer: OK. And you're operating a grocery store.
Mr. Socarras: Yes, sir. I bought the pro - I mean the business back in 1989. In 1992, all this
problem came up. I didn't know nothing about this. I'd just like to know my position right now.
Vice Mayor Plummer: Ha -ha-ha. We're going to let you know very quickly, sir.
Mr. Socarras: Please do.
Vice Mayor Plummer: Yes. We might put you overnight in the outside refrigerator. Does the
City wish to make any further comment? And my question, has it been answered?
Commissioner Gort: No, that question has not been answered. I think there's two matters in
here. One is the parking. Was that because of the action taken by the City? Two is simply the
violations they billed, would that have...
Ms. Slazyk: Right, but there's also a third issue. They want another construction. Besides what
they already have, there is...
298 July 13, 1995
Commissioner Gort: Oh, they want to add. OK. Wait a minute.
Ms. Slazyk: This is a proposal for an addition. They want more square footage, and that's what
increases their parking.
Commissioner Gort: Well, that was going to be my third question.
Ms. Slazyk: Right.
Commissioner Gort: They're in here because they want to add to the problem that they have.
Ms. Slazyk: They want to do another addition yet.
Commissioner Gort: OK.
Mr. Rodriguez: And at the present, you know, they have already a grandfather situation in
which they are providing less parking spaces than the one required by the ordinance now,
presently.
Ms. Slazyk: See, they're legally grandfathered for the parking they've got, but they're asking for
another parking variance for a new addition. So it's...
Mr. Rodriguez: Right. That's why I think that that affects your question as to whether they were
affected by the taking of any land, because they are grandfathered as to parking.
Vice Mayor Plummer: All right.
Ms. Slazyk: They were legally grandfathered as part of that.
Vice Mayor Plummer: All right. I'm closing the public hearing at this point. We've heard
enough,
Commissioner Dawkins: The gentleman, the owner wants to say something, Commissioner.
Vice Mayor Plummer: All right, sir.
Mr. Perez: May I?
Vice Mayor Plummer: Quickly.
Mr. Perez: OK. Grandfather... They allowed me to use that land that they took, but now, they
don't want me to use it. So that's the reason that now, according to the new plan, they don't
allow me to use it, and in the front of the parking - I mean in the front of the grocery store, they
only allow one car. In the past, in 1984, they allowed three. But now, they only want one.
Besides that, even I can cancel the plan to build that small addition. The small addition was only
about 200 square foot, in order to have enough space for a stock room. If they want, I cancel
that. _ You see my willingness to solve the problem. If they want, I give a commitment in the
form of a lien that within four years, I'll destroy, I'll demolish the small addition that was built.
If they want, I don't build that other small addition that I planned to do. But I want to see the
goodwill from the City of Miami, the good faith from the City of Miami in order to solve the
problem.
Vice Mayor Plummer: You're being repetitious, sir. Thank you. Close the public hearing.
What does the department... Answer my question.
299 July 13, 1995
replatted and he has to dedicate. If he is trying to add to embellish that area, then that becomes a
different story. I think that's what is in question here.
Vice Mayor Plummer: OK.
Commissioner Gort: My understanding is - excuse me, Mr. Chairman - my understanding is that
he's not able to use what you're saying he should use. I think that's what he's stating.
Mr. Kay: He's using it for parking now. He can continue to use it for parking.
Commissioner Gort: But my, understanding is he is being fined for using that as parking.
Mr. Rodriguez: No. He has been fined because he has been doing work without permits.
Commissioner Gort: OK, that's one.
Mr. Rodriguez: Yeah.
Commissioner Gort: And the other one?
Mr. Rodriguez: The second one is also working without permits, and no sign permits.
Commissioner Gort: So all of the fines are for the illegal construction.
Mr. Rodriguez: For the illegal construction.
Commissioner Gort: Which he was notified in '92.
Mr. Rodriguez: Right.
Commissioner Gort: And he has not complied with it, and he's still saying he can't comply with
the illegal construction.
Ms. Slazyk: Right.
Mr. Rodriguez: Right. He's saying now that he is willing to comply four years from now.
Commissioner Gort: In four years from now.
Mr. Rodriguez: By the way, as to your question as to whether we have started any process of
foreclosure, Mr. Cajinas has informed me that that already is in the process in the Law
Department.
Mr. Perez: Sir, we are losing our time. We are wasting the time.
300 July 13,1995
Vice Mayor Plummer: OK. Sir, the public hearing is closed. Now, discussion among members
of the Board. Is there any more discussion among members of the Board? Is there a motion? If
there's no motion, we'll all go home. A motion.
Commissioner Gort: I'll have to be the bad guy. Unfortunately, I think the fine is something we
need to look at. I think he was issued an opportunity to comply, because sometimes the fines
that we establish for minimum violations, they're very stiff. I think that's a pretty stiff fine. I
think that he should be able - you should be able to go back to the - what do you call that Board?
Vice Mayor Plummer: Code Enforcement.
Commissioner Gort: - the Code Enforcement Board, and you can appeal your fine. The
variance, I have to move against it.
Vice Mayor Plummer: Well, there's a motion made to...
Commissioner Gort: - To uphold the appeal of the Zoning Department.
Vice Mayor Plummer:... to uphold the appeal. Is there a second?
Mr. Rodriguez: And denial of the approval, yeah.
Vice Mayor Plummer: Is there a second to uphold the appeal?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: There is a second to the motion. My problem, Willy, I believe, is if the
variance is denied, he goes back to the Code Enforcement, he's not gained anything. Am I
correct there?
Commissioner Gort: My understanding, Mr. Plummer, in making this motion, he should comply
with the notification that he got in 1992.
Vice Mayor Plummer: He can't comply.
Commissioner Gort: He's got an illegal unit which he's got to take care of.
Vice Mayor Plummer: What are you saying? He's got to remove everything and take out
building permits?
Commissioner Gort: Yeah,
Vice Mayor Plummer: OK. If that's the case...
Mr. Rodriguez: Yeah. Two hundred fifty...
Commissioner Gort: And then he should go back to Code Enforcement and ask them to refine
his fine, and I'm sure he can get it reduced.
Vice Mayor Plummer: OK, all right. I'm just trying to understand. All right. So there's a
motion on the floor to deny the appeal - no - to uphold the appeal.
Mr. Joel Maxwell (Deputy City Attorney): To uphold the... Reversing the decision of the
Zoning Board and denying the appeal.
301 July 13, 1995
ti
4"
Vice Mayor Plummer: OK. any further discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-593
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
THEREBY DENYING TWO VARIANCES FROM 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 SIDE YARD SETBCK OF 5'-1-- (10'-011
REQUIRED) AND TO WAIVE FOUR (4) PARKING SPACES OF SEVEN (7)
PARKING SPACES REQUIRED FOR AN ADDITION TO AN EXISTING
COMMERCIAL STRUCTURE LOCATED AT 6600 BISCAYNE BOULEVARD,
MIAMI, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL/SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: Commissioner Victor De Yurre
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: I didn't vote. I can't vote. I didn't hear it.
Commissioner. Gort: He wasn't here.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: It's four to one - three to one. The appeal has been upheld. You'll have
to go back to the Code Enforcement Board, sir, and make your peace with them, or try to make
your peace with them to see what you can do to comply.
302 July 13, 1995
140
- u----------rr------w----------------r----s---r------------------------------
130. GRANT VARIANCE TO PERMIT A SIDE YARD SETBACK AND A REAR
YARD SETBACK FOR EXISTING ADDITION TO A SINGLE FAMILY
RESIDENCE AT 575 N.W. 59 AVENUE -- ZONED R-1 SINGLE FAMILY
RESIDENTIAL -- SUBJECT TO CONDITIONS.
Mayor Clark: Item 6.
Ms. Lourdes Slazyk: PZ-6 is an appeal of a Zoning Board denial of a variance. This is the
applicant who is appealing. 575 Northwest 59th Avenue. The Planning, Building and Zoning
Department recommendation was also for denial. The property has a lot size of 5800 square
feet, which is larger than the average lot size in the City, and therefore, there is no hardship to
justify the variance. This is, again, construction that was done without the benefit of building
permits, and at the time of the Zoning Board, there was actually an encroachment of the
overhang of the roof onto the neighbor's property. They have brought a certified letter today
saying that they have removed that, and they are still seeking the variance for the rest of the
structure. We recommend denial.
Mr. Sergio Rodriguez (Assistant City Manager): Let me clarify the record. The letter that we
have,.it says that they were willing to remove the six-inch encroachment, but because of the bad
weather, they have not been able to do it, and they are committing themselves to doing it.
Mayor Clark: Now, this is one applicant right here, Mr. Rodriguez, that doesn't have the picture
in it. It doesn't have the map in it.
Mr. Rodriguez: You got me this time, sir. Let me see.
Mayor Clark: I got it now. Pardon. OK. Are you the applicant?
Mr. Peter Graulich: I am the representative of the applicant.
Mr. Rodriguez: Page 9, the map.
Mr. Graulich: My name is Peter Graulich. I'm an architect here in Dade County. I've been
practicing for over 22 years. I represent Mr. and Mrs. Scharf in this particular matter. I was
called in, and the Scharfs asked me to look into it, if I could get this particular illegal structure
qualified. "Illegal structure," being in... As the Scharfs did not really know what was going on,
because a gentleman came to them, represented himself as a contractor, as an architect. He was
at the time dating their niece, so it was something that, you know, they felt very secure with, and
they proceeded to let this man go and build. This whole thing didn't come to light until the
electrician came on board to put the electrical in, and found out that there was no valid permit. I
got into the picture through the electrician, who asked me if I could help, and I said I would,
because these people are in their seventies. They're quite old. Mr. Scharf has a hobby of trains,
and that's what this particular little addition was all about, as a little hobby room, and so on. The
building was moved - the original building was moved from Miami Beach in 1946 with existing
concrete slabs going back to the property line, basically. So what has happened is that the
person that erected this structure put it right near this particular concrete slab, and erected it. So
it's about one foot off of the rear property line, and about three feet, four inches off of the side
yard. Now, it would be a hardship for them to remove it because of financial constraints. Here
is the whole thing. The structure itself, we checked it over. It can be brought up to the Building
Codes by stiffening up the frame somewhat, and putting additional bracing in. So the structure is
303 July 13, 1995
sz.
011)
f
really not that bad. So it would comply to the Code. Primarily, I think, personally, we have a
hardship here. We have two elderly senior citizens, one of which has a hobby that he wants to
pursue, and can't, because of the fact that he doesn't have this particular space available. The
existing house is a wood frame house, in very good condition and... but it's very small. As was
stated previous, the lot is oversized. It's a fairly large lot. So I really don't know what to do
other than to let you make a decision on it. That's about all I have to say.
Commissioner Gort: Excuse me, Mr. Mayor. I was asked to ask the gentleman, are you doing
this pro Bono?
Mr. Graulich: Yes, I am.
Commissioner Gort: OK. Then you don't need to be registered as a lobbyist. OK.
Mayor Clark:Anything else? Any more information requested?
Commissioner Gort: Let's see if there's anyone in opposition.
Mayor Clark: No. We asked for objectors to start with.
Vice Mayor Plummer: Are you still on 5?
Commissioner Gort: We're still on 6.
Mayor Clark: Six. All right. I'm going to close the public hearing. What's the pleasure of the
Commission?
Commissioner Gort: Mr. Mayor, I find this to be a little different from the previous case we had
in front of us. As you can see, the individual we had in front of us before was notified of the
violation in '92, and he didn't want to take any measure until he... He didn't want to do
anything. He's got fines up to a hundred and fifty-eight thousand dollars ($158,000), which I
think is extreme. I think this is a different case, and for that reason, I'd be in favor of moving
this one.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mr. Rodriguez: Mr. Mayor.
Vice Mayor Plummer: Willy, what are you moving?
Commissioner Dawkins: To allow them to...
Commissioner Gort: I'm in favor of the appeal.
Vice Mayor Plummer: And what about the payment of the fine?
Mr. Rodriguez: They don't have...
Commissioner Gort: They don't have fines.
Mr. Rodriguez: Mr. Mayor, may I suggest that if you approve this, that we get a covenant from
the applicant that the addition will not be converted into an illegal unit? Because the way it has
been prepared, it can be easily converted into an illegal unit.
304
July 13, 1995
Commissioner Gort: Right.
Mr. Graulich: Excuse me. The only reason it has that side entrance is because of safety and fire.
Mr. Rodriguez: Right. But, I mean, if we get a covenant...
Mr. Graulich: Yes, yes.
Mr. Rodriguez:... that they are willing to provide, as part of the conditional of the approval, that
they will not convert this into an illegal unit, a second unit, that's for the Commission to
consider.
Commissioner Gort: Right. That's part of the amendment.
Mr. Joel Maxwell (Deputy City Attorney): Also a time limit on the removal of the overhangs.
Mr. Graulich: Yes. That's being done as we speak. We had bad weather, and I'm trying to also
get one of my construction workers to do it.
Commissioner Gort: Over the next three months.
Mr. Maxwell: I think you should give them a specific time.
Mr. Rodriguez: Thirty days both on the removal of the encroachment, and also on the submittal
of a covenant to be recorded.
Commissioner Gort: Correct. OK?
Vice Mayor Plummer: This is on item 6.
Commissioner Gort: Six.
Mayor Clark: All those in favor, signify by saying "aye.°
Commissioner De Yurre: Well, I just want to add, Mr. Mayor, how are we going to secure that
they are not using that as an illegal unit? Are we going to have like every six months, have an
inspector going over there like over the next year, at least?
Vice Mayor..Plummer: I thought the unit was coming down.
Mr. Rodriguez: Usually, the way we find out, Commissioner, is we get complaints from the
neighbors.
Commissioner De Yurre: No, no, no. No complaints from the neighbors. Somebody in six
months, go and make sure that it remains as it is and then...
Commissioner Gort: We can have a NET (Neighborhood Enhancement Team) Code
Enforcement to go by every six months.
Commissioner De Yurre: OK?
305
July 13,1995
Mr. Rodriguez: Sure.
Mr. Graulich: That's fair enough.
Commissioner De Yurre: It's more than fair.
Mr. Graulich: Yes, definitely. We appreciate it.
Vice Mayor Plummer: Sir, by saying that, you are absolutely giving permission for the code
inspector to come onto your property without any further permission necessary to gain entrance.
Mr. Graulich: That's fine.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-594
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, INTENSITY, TO PERMIT
A SIDE YARD SETBACK OF 3.22' (5.0' REQUIRED) AND A REAR YARD
SETBACK OF 1.0' (20.0' REQUIRED) FOR AN EXISTING ADDITION TO A
SINGLE FAMILY RESIDENCE LOCATED AT 575 NORTHWEST 59TH AVENUE,
MIAMI, FLORIDA, ZONED R-1 SINGLE FAMILY RESIDENTIAL, SUBJECT TO A
TIME LIMITATION OF 30 DAYS IN WHICH TO REMOVE THE ROOF
OVERHANG ENCROACHING ON AN ADJACENT PROPERTY AND 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 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
None.
None.
306
July 13, 1995
............................. -------------------------- ... ... «
131. DISCUSS AND CONTINUE (TO SEPTEMBER MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL SPECIAL
EXCEPTION TO ALLOW A TRANSMISSION TOWER IN CONNECTION
WITH A CELLULAR COMMUNICATION SITE AT 749 N.W. 4 AVENUE --
ZONED C-1 RESTRICTED COMMERCIAL. [Applicant(s): Robert F. Oden
(Trustee). Appellant(s): Overtown Advisory Board.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 8.
Vice Mayor Plummer: Seven.
Mayor Clark: Seven. I'm sorry. Item 7.
Vice Mayor Plummer: Where is brother Benjamin?
Commissioner Gort: Let me ask you a question. Is there a problem with the air conditioning
today?
Vice Mayor Plummer: I think the air conditioner is broken.
Mr. Sergio Rodriguez (Assistant City Manager): Yeah. I already complained about it. They
told me that because we had so many people before, it's going to take a while to cool off again.
But I agree with you, it's very warm.
Commissioner Gort: All right, that's a good excuse.
Mr. Rodriguez: OK.
Vice Mayor Plummer: It's as good as any.
Commissioner Gort: Sounds good.
Mr. Rodriguez: Commissioners, in relation to PZ-7, if I might refresh your memory, when we
met on this issue on April 27th of 1995, you asked us to continue this for 90 days. This is the
transmission tower in which we had people from the neighborhood to complain about it. And
you asked us to see if there was a possibility of locating this transmission tower in the
Administration Building or in any other property. The answer to your question is in the
affirmative. We are recommending that you basically uphold the appeal of the Zoning Board
decision by the neighbors, and deny the approval that they have, or ask the applicant to withdraw
the application, and then that you instruct the Administration to begin negotiations with the
applicant for the location of a transmission tower either on the Administration Building, or the
Police parking building, or in one of the other parking structures that we have in the City in this
area. Yes, sir, let me finish, one second. And furthermore, that you direct us as to... If you want
to go in this direction, that this is being done through a revocable permit, or a lease agreement,
whatever you believe is more agreeable. I believe that a revocable permit might be the best
instrument in this case, because otherwise, you might have to go through bids. Right?
Mr. Joel Maxwell (Deputy City Attorney): You're absolutely... If you want to do this, it would
have to be by revocable permit. You'd have to go to bids otherwise.
307 July 13, 1995
Commissioner Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: This morning, we passed something here that gave Mr. Williams the
right, I mean, to go out for bid, to place this tower on the police station or somewhere. Why are
we doing... Why are we discussing this now?
Mr. Rodriguez: Let me ask Mr. Rodriguez, Eduardo Rodriguez, to discuss this.
Commissioner Dawkins: OK, OK, anybody.
Mr. Eduardo Rodriguez: Commissioner, at this point, we have two or three sites in downtown.
This morning, you know, something is happening now that we'd prefer to look again to this
item. It's a possibility on the police station garage to place these antennas there. There are no
people in that building. It's a room there that is used by trash. It's feasible. You already saw
that space. I think we can get together and negotiate this item.
Commissioner Dawkins: What was the reason for appropriating money this morning when you
don't even know...
Mr. E. Rodriguez: Appropriating money for this item, no, sir.
Mr. S. Rodriguez: I don't recall that, sir.
Commissioner Dawkins: Well, what was the money for this morning, Commissioner Gort?
Commissioner Gort: I don't recall what it was for, but it's a different thing from this.
Mayor Clark: You understand what...
Commissioner Dawkins: Well, let Mr. Williams... Mr. Williams, please. If you will, Mr.
Mayor.
Mr. Ron Williams (Assistant City Manager): Pardon me, Commissioner. That had to do with
the relocation of the present tower from the municipal shop tract property on 20th Street.
Commissioner Dawkins: The City of Miami's Tower.
Mr. Williams: Right.
Commissioner Dawkins: Not this tower.
Mr. Williams: Right.
Commissioner Gort: Right.
Commissioner Dawkins: But... OK, thank you. I stand corrected. I just needed to know what
tower. Thank you.
Ms. Lucia Dougherty: We concur with the administrative recommendation. I only would ask
that you would defer this item until we work out a lease.
308 July 13, 1995
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J
�. Vice Mayor Plummer: Sure.
Ms. Dougherty: I don't think that they object to that.
Commissioner Dawkins: You know... No, no.
I Commissioner Gort: Move to defer.
Commissioner Dawkins: No.
Mr. Rodriguez: So we defer this item until the meeting in September, the 28th of...
Commissioner Dawkins: You know... OK. I'm going to tell all of you, defer it until then, and
then we're voting.
Mr. Rodriguez: Right.
Commissioner Dawkins: We just can't keep dragging the people in this neighborhood through
one hearing, one deferral, one hearing, another deferral.
Mr. Rodriguez: I agree.
Commissioner Dawkins: All right?
Mayor Clark: All right.
Commissioner Dawkins: And next meeting, we will make a decision.
r Mayor Clark: September the 28th. Cast a unanimous ballot, Mr. Clerk.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY MAYOR
CLARK, ITEM PZ-7 WAS CONTINUED BY THE
FOLLOWING VOTE:
AYES:Commissioner Wifredo Gort
I�I Commissioner Victor De Yurre
f Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
h.
309
July 13, 1995
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k
;;A
132. GRANT MAJOR USE SPECIAL PERMIT FOR BRICKELL POINT PROJECT
AT 401 BRICKELL AVENUE. [Applicant(s): Atlantis on Brickell Associates.]
Mayor Clark: PZ-8.
Commissioner Gort: Major special permit use.
Ms. Lourdes Slazyk: PZ-8 and 9 are companion items for the Brickell Point Major Use Special
Permit project. The reason this is two Major Use Special Permits for the same project is that the
first Major Use Special Permit is required... Zoning Ordinance 11000 says that if you have a
project with over 200 residential units or 500 parking spaces, you need a Major Use Special
Permit. The second Major Use Special Permit is to designate the project as a planned unit
development. This will allow them a 20 percent FAR (floor/area ratio) increase over what's
allowed in the underlying district. It doesn't give them any more units. What it does is gives
them bigger units. It's more FAR on the property.
Mayor Clark: All right.
.....Vice Mayor Plummer: Are there any objectors? Are there any objectors?
Mr. John Shubin: We are here in support of the project.
Vice Mayor Plummer: I didn't ask that question, sir. What are the conditions that have been
proffered by the department?
Commissioner Gort: There's all kinds of conditions.
Vice Mayor Plummer: Is the applicant aware of the conditions and in concurrence?
Mr. Stanley Price: Stanley Price and Vicky Leiva, 701 Brickell Avenue. We are aware of the
conditions, we concur with the conditions, and we'd like to stipulate with our next door neighbor
of one additional condition which is a recordation of a document, a letter of agreement between
the parties, which we would like incorporated into the record and made a part of the resolution.
Vice Mayor Plummer: You understand that you will give a voluntary covenant to the City
Attorney prior to any building permit being issued, that you stipulate that you do, in fact, agree
with the conditions by the department and one you have agreed upon with your neighbor.
Mr. Joel Maxwell (Deputy City Attorney): Mr.... I'm sorry. We don't know what that
additional condition is.
Vice Mayor Plummer: It really doesn't matter to you. It's not between you and them, it's
between the neighbors.
Mr. Maxwell: But the reason I raise that question, Mr. Plummer, is that if he's adding it into
the... If he adds it to the MUSP (Major Use Special Permit) here, that makes the City a party to
it, and in the future, the City could be required...
Vice Mayor Plummer: Don't add it to your... Give it... just you and the neighbor, OK? Is there
any further... Anybody in... I move it, Mr. Mayor.
310 July 13, 1995
Commissioner Dawkins: Wait a minute. Are you satisfied, Mr. City Attorney? Because you
see, we keep... Every time you look, we're in court, giving somebody five million dollars
.($5,000,000), six million dollars ($6,000,000), because we don't listen to our attorney.
Mr. Maxwell: We don't know...
Commissioner Dawkins: So, now, at least, as the Mayor says, let me hear him out, and then
make a decision.
Mr. Maxwell: We don't know what that condition is, but it would be... Generally speaking, it's
best, if private agreements between the parties not be included in the covenant...
Mayor Clark: It has nothing to do with us.
Mr. Maxwell: ... because the City would be placed in the position of having to enforce it.
Mr. Price: Right. We would like to proffer it, then, as part of the record in this proceeding, and
we want to state on the record that we will enter into an agreement with our next door neighbor,
and we have stipulated the points, which I would be happy to go over here, but it's a private
agreement, and we abide by the private agreement.
Mr. Rodriguez: And they are not in violation of any of the ordinances, or regulations, or the
recommendations made by the department.
Mr. Price: That is correct.
Vice Mayor Plummer: I move 8.
Mayor Clark: Call the roll.
Commissioner Gort: Second.
July 13, 1995
.yj��
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-595
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO.11000, FOR THE BRICKELL POINT PROJECT OF NOT
MORE THAN 599 RESIDENTIAL UNITS TO BE LOCATED AT APPROXIMATELY
401 BRICKELL AVENUE; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND
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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------
133. GRANT MAJOR USE SPECIAL PERMIT TO DESIGNATE BRICKELL
POINT PROJECT (401 BRICKELL AVENUE) AS A PLANNED UNIT
DEVELOPMENT. [Applicant(s): Atlantis on Brickell Associates.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move 9, which is its companion.
Commissioner Gort: Second.
Mayor Clark: Nine is a companion?
Commissioner Gort: Right.
Mayor Clark: Cast a unanimous ballot, the same vote.
312 July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-596
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF
ZONING ORDINANCE NO. 11000 FOR THE BRICKELL POINT PLANNED UNIT
DEVELOPMENT PROJECT OF NOT MORE THAN 599 RESIDENTIAL UNITS, TO
BE LOCATED AT APPROKIMATELY 401 BRICKELL AVENUE; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; AND 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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
134. GRANT MAJOR USE SPECIAL PERMIT FOR BRICKELL ON THE RIVER
PROJECT (27 S.E. 5 STREET). [Applicant(s): Pacific International Equities,
Inc.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 10.
Ms. Lourdes Slazyk: Item 10 is another Major Use Special Permit for the Brickell on the River
Project located at 27 Southeast 5th Street. This is a residential... Well, it's to be comprised of
508 residential units, 325-residence hotel units, office space and accessory commercial space. It
also has over 500 parking spaces. The Planning, Building and Zoning Department
recommendation is for approval with conditions as specified in the development order in your
package.
Mayor Clark: Steve, you want to rush this one up?
Commissioner Gort: Yeah.
Mayor Clark: Huh?
Vice Mayor Plummer: You want to rush it?
313 July 13, 1995
L 1 I
{
Mayor Clark: Yeah, go. t
Vice Mayor Plummer: Are there any objectors? Are there any objectors? Are there any
conditions by the department?
Ms. Slazyk: Yes. The conditions are in the development order.
Vice Mayor Plummer: Are the applicants in concurrence with the conditions imposed by the
department?
Ms. Lucia Dougherty: Lucia Dougherty, representing the applicant. Yes, sir.
Vice Mayor Plummer: Are you willing to give a covenant to stipulate on all of those conditions?
Ms. Dougherty: I don't know that a covenant is necessary, because it's the same thing. Yes.
Vice Mayor Plummer: They want one.
Commissioner Dawkins: If it is necessary, will you give it?
Ms. Dougherty: Absolutely.
Mayor Clark: The hearing is closed.
Vice Mayor Plummer: OK. I move item 10 be approved.
Commissioner Dawkins: Second.
Mayor Clark: If there's no objection, cast a unanimous ballot.
314
L 11V LU11UWl11r' 1GA IMIU11 WU5 1L11LUUULXU Uy V ILA; 1YlayUL r1UMMOV, WIM 111UVOU 11' HUUF11U11:
RESOLUTION NO.95-597
A► RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE BRICKELL ON THE RIVER
PROJECT, OF NOT MORE THAN 508 RESIDENTIAL UNITS AND 325
RESIDENCE HOTEL UNITS, 652 PARKING SPACES AND ACCESSORY
COMMERCIAL AND RECREATIONAL SPACE, TO BE LOCATED AT
APPROXIMATELY 27 SOUTHEAST 5TH STREET; MAKING FINDINGS OF FACT
AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
AND 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 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.
----------------------------------------------------------------------------------------------------------------
135. GRANT MAJOR USE SPECIAL PERMIT FOR BRICKELL BAYFRONT
CLUB. PROJECT (185 S.E. 14 TERRACE). [Applicant(s): Terremark Brickell
Ltd.]
Mayor Clark: Item 12 -11.
Vice Mayor Plummer: Eleven.
Mayor Clark: Item 11.
Ms. Lourdes Slazyk: PZ-11 is another Major Use Special Permit for the Brickell Bayfront Club
Project located at 185 Southeast 14th Terrace. This is to be comprised of 297 residential units,
and accessory commercial space.
Vice Mayor Plummer: Are there any objectors? Are there any objectors? Are there conditions
by the Building Department - by the Zoning Department?
Ms. Slazyk: Yes, sir, in the development order.
315
July 13, 1995
Vice Mayor Plummer: Is the applicant in concurrence with the conditions and willing to give a
covenant to their effect?
Ms. Lucia Dougherty: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, I` move item 11.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-598
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE BRICKELL BAYFRONT CLUB
PROJECT, OF NOT MORE THAN 297 RESIDENTIAL UNITS, TO BE LOCATED
AT APPROXIMATELY 185 SOUTHEAST 14TH TERRACE; GRANTING, WITH
CONDITIONS, VARIANCES; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND
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 Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
None.
None.
316
July 13, 1995
------------------------------------------------------------------------------------ -
136. GRANT MAJOR USE SPECIAL PERMIT TO DESIGNATE OCEAN GROVE
TOWER PROJECT (3202 & 3350 S.W. 27 AVENUE) AS A PLANNED UNIT
DEVELOPMENT (WITH CONDITIONS). [Applicant(s): Cornelia Enterprises,
Inc. & Peacock Properties, Inc.]
Mayor Clark: Next item.
Vice Mayor Plummer: Item 12.
Commissioner Dawkins: Nobody on the agenda but Lucia?
Vice Mayor Plummer: That's what it looks like. This is Lucia's retirement.
Ms. Lourdes Slazyk: Items PZ-12 and 13 are, again, companion items for MajorUuse Special
Permit. This is for the Ocean Grove Tower Project to be located...
Vice Mayor Plummer: This one is going to be a little different.
Ms. Slazyk: ... at 3202 Southwest 27th Avenue. This is two Major Use Special Permits, but for
different reasons than the one before. Major use special permit number one is to designate the
project as a planned unit development for a floor/area ratio increase up to 20 percent. And Major
Use Special Permit number two is asking for another .84 percent, less than one percent FAR
(floor/area ratio) increase in exchange for a contribution into the City's Affordable Housing
Trust Fund. The square footage that they're... They're asking for an increase of 1,185.6 square
feet, which amounts to seven thousand nine hundred and seven dollars and ninety-five cents
($7,907.95) contribution into the Affordable Housing Trust Fund. The department is again
recommending approval with conditions, but I do want to add two conditions to the record.
Based on concerns raised at the Planning Advisory Board meeting, we held a staff meeting with
representatives of the applicant and some concerned citizens from the Coconut Grove area in
which two conditions were agreed upon. The first one is that resident access to Cornelia at the
rear of the project shall be limited to egress only and left turns only out of the project toward
27th Avenue. This will keep traffic out of Tigertail, because the length of Cornelia from the
project to Tigertail can't be widened to handle the flow of the traffic from this project. And
condition number two that we're going to add to what's already in the development order is that
no conversions to hotel would be permitted without amending the Major Use Special Permit
which requires hearings and coming back to the Commission.
Mayor Clark: All right. Do you agree with all that?
Ibis. Lucia Dougherty: Yes, sir.
Vice Mayor Plummer: Are there objectors?
Mayor Clark: I don't see any.
Vice Mayor Plummer: Somebody is jumping up over there.
317 July 13, 1995
.wi. r,
Ms. Jean Etter: I'm Jean Etter. I'm a partner with Abrams, Abrams and Etter. Our office is -
and they own the office building - at 3341 Cornelia Drive, right on the street that she was
speaking of. Brenda and Ira Abrams met with the architect, Gail Baldwin, to this project on June
2nd, and she made a representation to them at that time that they would not be requesting any
special permits. Now, they've added two additional conditions. I did not receive notice of this
hearing or of this public hearing until about two weeks ago. Brenda and Ira Abrams are out of
town. I have not had any time to investigate how their conditions are going to impact on our
office building, which is right on Cornelia Drive, especially the access of, you know, the traffic
and the turning. And I'd just like to ask for - respectfully request a deferral until September.
Vice Mayor Plummer: Well, can you answer her questions? I mean, that's...
Ms. Slazyk: The Cornelia access, the original plans depicted an ingress and egress from
projects, you know, the residence, the Tower on Cornelia. The modified condition... The
Planning Advisory Board recommended approval with what the applicant wanted. They're
willing to agree to egress only, and toward 27th Avenue only to reduce the traffic on Cornelia.
So if anything, this condition is going to make the situation on Cornelia better than what the
Planning Advisory Board had recommended. This is going to reduce the traffic on Cornelia.
Ms. Etter: And the 20 percent FAR that you're asking for, which has...
Ms. Slazyk: The 20 percent FAR... Remember, they're not asking for an increase in number of
units. They could do the same number of units without this designation as a planned unit
development. All they're getting is bigger units out of it.
Mr. Rodriguez: We believe with all these conditions that we have have worked out the best
possible project for this area, and we strongly support it. Negations already.
Vice Mayor Plummer: Let me ask this question. Did someone tell me, or did I understand the
two law offices that are on the north side of this property became a part and parcel thereof, the
total?
Ms. Slazyk: One of the law offices.
Vice Mayor Plummer: One of the law offices. The one in the front on 27th, or the one in the
back?
Mr. Rodriguez: Twenty-seventh.
Ms. Slazyk: The front.
Vice Mayor Plummer: OK. Now, that law office will, in fact, stay there?
Ms. Slazyk: Yes.
Mr. Rodriguez: Yes.
Vice Mayor Plummer: All right. Are there any provisions that that law office, if ever torn
down, will not be able to be for another highrise, or any kind of protection there, if they vacate
the use of that property?
Ms. Slazyk: Yes. They are submitting, as one of the conditions of approval, a covenant in lieu
of unity of title. What that says is that for development purposes, FAR purposes, the properties
will never be split up. They cannot develop a separate project on the other side, because they're
over FAR.
318 July 13, 1995
}
i
Vice Mayor Plummer: On that part.
Ms. Slazyk: Yeah.
Vice Mayor Plummer: And what about the one in the back?
Ms. Slazyk: The one in the back is not part of this application.
Mr. Rodriguez: In addition to that, Mr. Commissioner, the floor/area ratio that they have
allowing this side takes into consideration the existing floor/area ratio that we have with that
property. And another thing that we were able to get was to eliminate the access of that law
office into 27th Avenue to eliminate the conflict that we had there, and get all the traffic through
the project.
Vice Mayor Plummer: You ready, Mr. Mayor?
Mayor Clark: The public hearing is closed.
Vice Mayor Plummer: I move item 12.
Commissioner Gort: Second.
Mayor Clark: All in favor, signify...
Vice Mayor Plummer: Excuse me.
Commissioner Gort: Would the...
Vice Mayor Plummer: Excuse me. The Law Department says that predicated on... The two
new conditions have to be accepted by a covenant, as well as the previous conditions that were
understood also..
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-599
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF
ORDINANCE NO. 11000, FOR THE OCEAN GROVE TOWER PLANNED UNIT
DEVELOPMENT PROJECT OF NOT MORE THAN 103 RESIDENTIAL UNITS, TO
BE LOCATED AT APPROXIMATELY 3202 SOUTHWEST 27TH AVENUE;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; AND 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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
137. GRANT MAJOR USE SPECIAL PERMIT FOR INCREASED
DEVELOPMENT BONUS OF 0.84% F.A.R. FOR OCEAN GROVE TOWER
PROJECT AT 3202 & 3350 S.W. 27 AVENUE. [Applicant(s): Cornelia
Enterprises, Inc. & Peacock Properties, Inc.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Thirteen is a companion, and I so move that. I assume the same
conditions would apply, and the same covenant has to be proffered. I move 13.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot on both of them.
Ms. Dougherty: Thank you.
320 July 13, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-600
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR AN INCREASED DEVELOPMENT BONUS
OF 0.84 PERCENT FOR THE OCEAN GROVE TOWER PLANNED UNIT
DEVELOPMENT PROJECT OF NOT MORE THAN 103 RESIDENTIAL UNITS, TO
BE LOCATED AT APPROXIMATELY 3202 SOUTHWEST 27TH AVENUE;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; AND 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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Vice Mayor Plummer: Fourteen is deferred.
321 July 13, 1995
-- - ----------------------------------------------------
138. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT 4101 N.W. 11 STREET
AND 1135-1145 N.W. 41 AVENUE FROM MEDIUM -DENSITY
MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL.
[Applicant(s): Ronald Pellitero for Pell / Cruz Investments, Inca
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Fifteen. Mr. Mayor, this is the one that I had asked for.
Commissioner Dawkins: Fifteen or 14?
Vice Mayor Plummer: No. Fourteen was deferred.
Commissioner Gort: Fifteen. Fourteen was deferred.
l Sergio Rodriguez (Assistant City Manager): Continued, yeah.
Vice Mayor Plummer: Fifteen, Mr. Mayor, is the one that I had asked for previously for a traffic
study. The traffic study has, in fact, come back. Are the applicants here on 15?
Unidentified Speaker: Yes.
Mayor Clark: Who's here on 15?
Vice Mayor Plummer: Are the applicants hereon 15?
Ms. Lucia Dougherty: Yes, sir, I'm here on 15 and 16.
Vice Mayor Plummer: OIL.
Ms. Dougherty: This...
Vice Mayor Plummer: Where is the opposition? Is there opposition here on 15?
Unidentified Speaker: Yes, yes.
Vice Mayor Plummer: On 15.
Unidentified Speaker: Yes.
Vice Mayor Plummer: Oil. This is the one that I asked that a traffic study be done on.
Mr. Rodriguez: Right.
Vice Mayor Plummer: It is my understanding that the traffic study that was done by
professionals has come back indicating that the only thing necessary to be done is, in fact,
through the signalization. Am I correct on that?
Mr. Rodriguez: You are correct.
322 July 13, 1995
14 dkli'R'y�.`
Vice Mayor Plummer: OK. So I just want that on the record, that that which I asked for has
been resolved, and has, according to the professional staff, been answered. The rest of it...
Mr. Rodriguez: Just for the record, it's on page 28 of your package, the letter from Richard
Ettinger, Senior Associate from Transport Analysis Professionals, indicating that the level of
service would not be affected either way by the project, and that by changing the traffic signal
timing, there will be an improvement to reduce it to a - to improve it to a. level of service much
better than before.
Vice Mayor Plummer: All right, sir.
Mayor Clark: Let's hear the objectors, what they have to say. Sir.
Mr. Harvey Reiseman: Mr. Mayor, my name is Harvey Reiseman. I'm an attorney.
Vice Mayor Plummer: My God.
Mr. Reiseman: My office is at 46 Southwest 1st Street in Miami.
Vice Mayor Plummer: Whewl
Mr. Reiseman: I'm not dead, Commissioner Plummer. I am here.
Vice Mayor Plummer: You know Harvey.
Mr. Reiseman: In person. I'm not a hallogram. I am a person.
Vice Mayor Plummer: How many years has it been?
Mr. Reiseman: Since we've seen one another? Too long, Commissioner.
Vice Mayor Plummer: I agree.
Mr. Reiseman: I represent objectors, residents of the neighborhood, owners of property in the
neighborhood, including Mr. Otazo, who is standing here, and Mr. Lewis and his wife, who are
in the audience. I also have a petition signed by seven objectors in the area. We would take
issue - and we have a traffic engineer here today to testify - with the report that was submitted in
response to your request, and which you've just referred to.
Vice Mayor Plummer: So we have two traffic engineers with conflicting opinions and...
Mr. Reiseman: I'm not sure they really conflict.
Vice Mayor Plummer: We play the game, "Who do you trust?"
Mr. Reiseman: I think their conclusions are different because one did more than the other.
Commissioner Gort: Could you get the land map, please.
Mr. Reiseman: Have you called this item? Is the proponent up or what is the order we'll
follow?
Vice Mayor Plummer: No, the proponent is always first, you're second, they have rebuttal.
323 July 13, 1995
0111) el)
Ms. Lucia Dougherty: Good afternoon, Mr. Mayor and members of the Commission. Lucia
Dougherty with law offices at 1221 Brickell Avenue, here today representing Ronald Pellitero,
who is the owner of the subject property that we are seeking for a classification of C-2, in order
to put a hotel, a six -story hotel, 137 units. This has been recommended by staff, it's been
recommended by the Zoning Board, it passed by this Commission at first reading, and at second
reading. As Commissioner Plummer said, he requested a traffic study. And what the traffic
study said was there is no difference between the present zoning and a hotel that would be
permitted on there in terms of traffic in the neighborhood. It won't change the level of service at
all, and, in fact, you can increase the level of service on LeJeune by changing the signalization
and the timing, which J.L. - Commissioner Plummer has suggested. If you look at the map just a
second...
Vice Mayor Plummer: No, not... Excuse me, excuse me, not Commissioner Plummer. It was
suggested by the traffic engineer.
Mayor Clark: Plummer.
Vice Mayor Plummer: David Plummer? No, not - ha -ha-ha.
Ms. Dougherty: I£ you look at the map here, the site in question is immediately east of LeJeune
Road and 42nd Avenue here, and 11th Street in this direction. And what we are suggesting is
that C-2 be continued on down here to permit this hotel, just like the hotel that's located in this
area here, which is the - used to be the Crossways Inn, and now looks like a...
Mayor Clark: Howard Johnson.
Ms. Dougherty: Yes, exactly. And then we have the Princess Motel here, and the Royal Crown
Holiday Inn, and the Marriott, right here on this C-2 tract. So what we would be doing is
continuing this C-2 zoning right down southward on LeJeune Road. We have four neighbors
here, and I'd like the neighbors to stand up. They are people who live in the residential district
immediately south of the property who are in support of this application. They will come and
testify today that they would prefer to have residential zoning, as opposed to - I mean, excuse
me - a hotel, as opposed to an apartment building next to their property. We have one property
owner who is going to speak for the four of them.
Commissioner Dawkins: OK. Thank you. Let him use the other mike over here.
Ms. Dougherty: Go ahead, go over there. Just go right there. Mr. Munoz will use that other
microphone right there.
Mayor Clark: Yes, sir, your name for the record.
Mr. Ricardo Munoz: My name is Ricardo Munoz. I own the property adjacent to the subject
property. We are in favor, I believe, with the other owners to build a new motel/hotel instead of
what he's got right now, number one. As it is, I believe he is approved for a 46-unit apartment,
and that would really create a big traffic jam, considering that the 46-unit apartment will have 46
parking spaces, 46 visitors, and so on and so on. With the hotel/motel, not only individuals that
come for a motel, they will have two or three visitors or two or three parking necessities. So I
believe the motel would help the situation of the traffic instead of the 46-unit building.
Mayor Clark: All right.
`lice Mayor Plummer: So you're speaking for the project.
324 July 13, 1995
Mr. Munoz: I am speaking for the project.
Vice Mayor Plummer: You belong on that side. OK.
Mr. Munoz: They told me to come here. I just did.
Ms. Dougherty: He is also speaking for these four gentlemen who own single family homes
immediately south of the property.
Mayor Clark: Right on 11th Street.
Ms. Dougherty: Correct, south of 11th Street. And Mr. Pellitero is in the hospitality industry.
He owns a restaurant, and his desire is to locate a crew from the airline crews in this area. He's
talked to management of hotels who think that this would be a good use for the area, and he
would actually be shuttling folks in by shuttle bus, as opposed to having their own cars, because
the airline crews have their own shuttle buses. So we don't think that this would have any
impact from a neighboring standpoint.
Vice Mayor Plummer: The way they've been crashing, they don't need that. There's been a
rash of small planes crashing. Have you realized that?
Ms. Dougherty: We have also submitted a covenant that has been approved by the City
Attorney, that has the following uses that will not be permitted: Mortuaries or funeral homes,
coin operated dry-cleaning, dancing or live entertainment, retail sales of new or used
automobiles, drive-in facilities, automobile service stations, bars and saloons, ambulance
services, helistops, automotive repair establishments, automotive paint and repair services,
rescue missions, flea markets, adult entertainment, heavy equipment sales, and warehousing
activity. So we've gone through your Zoning Ordinance and taken every use that could possibly
be a nuisance and put them in a covenant saying that we will not use it. So basically, all that's
left are a hotel and residential, and so we're seeking your approval. Thank you.
Vice Mayor Plummer: There's always 137 bodies I could lay out a night.
Mayor Clark: Let me hear from the objectors now. Right behind that gas station, right? It was
there.
Vice Mayor Plummer: Yeah.
Mr. Harvey Reiseman: Mr. Mayor and members of the Commission, I have already introduced
myself. My name is Harvey Reiseman. I'm the attorney for the objectors here today. I'd like to
introduce Mr. and Mrs. William Lewis who are here today, and whom I represent, Mr. Alberto
Otazo who was just here and is sitting down now. I would like to offer to the Clerk at this time a
petition signed by seven residents in the 900 and 1000 block of Northwest 41st Avenue, which is
immediately to the south of this subject property.
Vice Mayor Plummer: I hate to do this, Harvey. Are you being paid for your appearance here
today?
Mr. Reiseman: Yes, I am, handsomely.
Vice Mayor Plummer: Have you registered as a lobbyist?
Mr. Reiseman: I have.
325 July 13, 1995
L�
t
T
Vice Mayor Plummer: So be it. Thank you.
Mr. Reiseman: OK.
Vice Mayor Plummer: IRS (Internal Revenue Service) will love you,
Mayor Clark: All right.
Mr. Reiseman: Yes, thank you. Let me ask before I forget. The gentleman who just testified -
Mr. Munoz, was it? Are you the same Mr. Munoz who appeared at the Planning Advisory Board
and opposed this?
Mr. Munoz: I opposed that motion due to the fact that we didn't...
Vice Mayor Plummer: Sir, sir, would you come to the microphone if you're going to put
anything on the record.
Mr. Munoz: Yes, sir. Once again, my name is Ricardo Munoz. In the Planning meeting that we
had here a few months ago, I opposed due to the fact that we were not clarifying the position of
the conversion of the R-3, meaning that I was afraid that he might convert that to a nightclub,
restaurant, or whatever, and at that time, we opposed. After that time, he had something with the
Commission, with the Attorney of the Commission, testifying no funeral home, and all the items
that he mentioned. Consequently, we are in favor of the hotel/motel proposition.
Mayor Clark: Very good. Thank you. All right, Mr. Reiseman.
Mr. Reiseman: Mr. Munoz, let me just observe to the Commission that I watched the video tape
of the Planning Advisory Board meeting at which Mr. Munoz testified. That evening, he
testified under oath that he was opposed to any commercial use next to his buildings. In any
case, let me go on. There are a number of puzzling aspects about this to me, and let me mention
some of them. In the... I suppose the first puzzling thing is, when one looks at this record, one
observes that on October 19, 1994, the Planning Advisory Board, after a 30-minute discussion in
which four of the members of the Planning Advisory Board participated in the discussion, and
after the last member in the discussion that night said, and I quote, "Frankly, I don't see how
staff was able to justify approval of this application," unquote - that's Mr. Otazo - the Planning
Advisory Board voted eight to nothing to deny this application. A little over a month later, the
Zoning Board voted eight nothing to approve the application, in a hearing that took four minutes,
at which there were no objectors, it was the last item of the night, it was at ten -thirty, and there
was absolutely nothing presented. I think most important. is what was not presented by the
applicant. There are two requests, one for a zone change, and a second for a neighborhood
comprehensive development plan change. There are certain elements that ought to be offered in
evidence in order to support each of those, and there was no testimony, there has been no
evidence, whatever, to support either. The Planning Advisory Board - the staff recommendation
in connection with this application says that the Department contends that the increased densities
created by this change will not have additional impact on the existing conditions in the area, and
is recommending approval of the application with the condition that a one -foot strip around the
portions of the property which abut a less intense district remain R-3. And then they go on to
say, quote, "This is in order to prevent the requested change from beginning a domino effect of
changes within the area." And I would submit to you that in making this recommendation, in
making this proposal, that staff acknowledges the obvious, and that is that the domino effect is
exactly what will happen here. Now, Mr. Lewis and his family have owned this property - and
when I say "this property" - they owned a parcel of property that went from the canal on the
north, which is adjacent to the expressway all the way to 7th Street on the south, and from
326 July 13, 1995
T
LeJeune Road on the north all the way to Douglas Road on the south - on the east, excuse me.
That property was platted back in 1947. It was a dairy prior to that time. None of these houses,
none of these uses were there. When it was platted, it was platted showing the precise proposed
uses that have been there and have developed over the last 47 years. The zoning was a sign
pursuant to that plat, relatively contemporaneously with the filing of the plat. And gentlemen,
there has not been one change in 47 years since that date. And so to suggest that there are
changes in this area, as the departments have also said, and which is the single condition that has
been prewritten prior to this meeting into the ordinance which you are being asked to adopt
today in the zoning... The only finding of fact that you're being asked to make is... Let me read
it to you. All I have to do is find it. Here it is. On page 2, the ordinance you're being asked to
adopt with respect to the comprehensive development plan, on page 2, it says, "It is hereby
found" - and this is what you're being asked to find today, and the applicant has closed and
offered nothing on this subject, there's no testimony on record and now cannot be - "It is hereby
found that this comprehensive plan designation change, 'A,' is necessary due to changed or
changing conditions." And I submit to you that the record of 47 years demonstrates that that is
absolutely not the case. The Marriott Hotel has been standing there for almost a quarter of a
century, and there is no new use in that area. There are no changes to justify a change in this
plan. Now, there is also under section 2 of the ordinance you're being asked to adopt, "B," "C,"
and "D." But these are simply qualifying facts which you're being asked to find, and must find,
in order for this matter even to be considered. "B" says that it's a residential land use of ten
acres or less, et cetera. "C" says it's one which involves property that's not been the subject of a
plan change within the last year. And "D" says the same owner doesn't own property within 200
feet of the subject property. So you're asked today to make one change - to make one finding,
and it's a finding that I submit is impossible to be made, both factually, because we're presenting
affirmatively that fact, and legally as well, inasmuch as the applicant has closed without even
offering any evidence or testimony on this subject, and for clear reason, they could not.
Mayor Clark: OK.
Mr. Reiseman: The staff recommendation goes on to talk about recommending a condition, and
the condition is that a one foot strip around the portions of the property - I've already read it -
they're suggesting a one foot strip, and saying that it's in order to prevent the requested change
from beginning a domino effect of changes within the area. I've been doing this for a long time,
as most of you on this body know, about 37 years. I've talked to a number of other zoning
lawyers over the course of the last couple of weeks, and I'll be darned if I can get any reaction
other than "What?" when I suggest to them that staff has suggested a one foot buffer between
one zoning district and another, and we're talking about between residential and zoning that will
permit a 12-story hotel, a use that is probably going to be the use that is proposed for this
property. I think that staff is trying to anticipate what they know will happen. I would certainly
not like to be in the City Attorney's position in having to defend the propriety for the usefulness
of a one foot buffer. When this property was originally platted 47 years ago, it was platted with
buffers already provided. They're there, all of the uses are there, there's no vacant property here.
The biggest issue of all is the issue that Commissioner Plummer picked up on in the last meeting,
and it was the issue of traffic. And I know that you have a traffic study. The traffic is the worst
part of all of this. It will, in and of itself, will change the character of this neighborhood, which
is essentially a single-family residential neighborhood. The only commercial uses here at all are
uses that face on, and are on, and have frontage on LeJeune Road. That is in common with most
major streets in the City of Miami, and in most major cities. We have a lot of that. There is
commercial zoning, and even heavy density zoning, heavy use zoning on streets like LeJeune
with single-family residences backed up right behind them. It's difficult to create buffers
between those, and certainly, a one foot buffer doesn't make any sense here.
327
July 13, 1995
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1
W
Mr. Reiseman: 11th Street, Northwest 11th Street is already one of the busiest streets in Dade
County, and the intersection with the signal light at the corner of Northwest 11th Street and 42nd
Avenue is just a terrible, terrible one. For me to describe it as terrible doesn't constitute
evidence, but I've brought here today Mr. Robert Wyman. Mr. Wyman is with the firm of..
Bob, you can probably do this faster than I can. Why don't you go ahead and qualify yourself. I
think most of you have seen Mr. Wyman previously. He's prepared a report, which I'd like to
distribute to the Commission. We'd ask them to look at those as we're having this testimony and
let's use one more to give to the Clerk. And I'm submitting one into evidence as well, and
handing it to the Clerk. Mr. Wyman, were you hired by us, by me, in order to make a study with
respect to traffic?
Mr. Bob Wyman: Absolutely. Bob Wyman, with the firm of Miles, Moss and Associates, with
offices located at 12900 Southwest 84th Street. We were retained to look at traffic conditions in
the area and review the other consultant's report, and provide some additional observations and
photographs of the area.
Vice Mayor Plummer: OK. You know, it comes down... Mr. Mayor, if I may.
Commissioner Gort: I'd like to ask you a question. In doing your study, according to the first
paragraph that I read, in doing your study, according to the present zoning that exists, is that
taking into consideration the covenant, the convenant that would go along with it, prohibiting the
uses or most of the uses?
Mr. Reiseman: You... OK. Let me answer that. I saw the covenant, I have a copy of it, and it's
true that the covenant agrees not to have some of the most obnoxious uses.
Commissioner Gort: Right.
Mr. Reiseman: But it leaves a tremendous number of other uses. If you want me to run through
the list, I'd be more than happy to do it.
Commissioner Gort: My question is, was the study taking that into consideration?
Mr. Reiseman: It took into consideration a great number of uses that are permitted in C-2, yes.
Commissioner Gort: Thank you.
Mr. Reiseman: Uses - hotel uses and others.
Vice Mayor Plummer: All right. My problem, Harvey and to Lucia, both very good friends, we
have two traffic studies basically in about... contradict each other. OK? Now, what I am saying
is, to the both of you, I've got to turn to my professional staff, and I've got to say to them, hey,
guys, read between the lines and tell me which way you think is proper. I'm not asking you to
say one is good and one is bad. I'm sure there can be differences. But, you know, I'm not a
traffic engineer. There is a "Plummer" by the name of David who is, but that's not related to me.
So.
Mr. Reiseman: Commissioner, may I respond directly to that?
Vice Mayor Plummer: Well, you can respond, but I still want my City staff, who I pay too damn
much money, to advise me.
Mr. Reiseman: Your City staff will tell you that they have received the report from Dade County
Traffic Engineering, and that they have found specifically that the report that was done on behalf
328 July 13, 1995
of the applicant was not a wholly appropriate report, and our report, about... which Mr. Wyman
can tell you now...
Mayor Clark: Well, wait a minute, Harvey. Did they say that?
Mr. Rodriguez: Let me have traffic person, planner, Mr. Clark Turner, to respond to the
question for Mr. Plummer, rather than having the applicant...
Mayor Clark: Sir, let's hear your response to that.
Mr. Clark Turner: With all due respect to counsel, that's not what I would say. What I would
say is that first of all, the report that was prepared on behalf of the applicant is prepared in
accordance with the standards that we require for traffic studies. The conclusions...
Vice Mayor Plummer: They paid for it.
Mr. Turner: The conclusions that they reach are supported by the evidence, and I find no fault
with the traffic study that was provided. Moreover, I'd like to make the point, and in essence,
the conclusions of that study are that the net increment of trips that would be generated by the
proposed hotel use is approximately 54 trips in the P.M. peak hour, which is the only time that
we're required to measure those or estimate those. A total of 85 trips would be generated, but 31
of them are already permitted by law by the existing zoning. So there would be a net increment
of 54. There's a total of... And that would reflect no change in the level of service in the
intersection, which is presently "F." The report also points out that by adjustment of signal
timing, the level of service could be changed on LeJeune to - or in the intersection - to an
acceptable level of service. The example that's given in the report results in a level of service
"C," but any desired level of service between "F" and "A" could theoretically be produced by
signal changes. This would be up to Dade County to make the decision on exactly what signal
timing should be used. But let me make one further point, and I think that this is the critical
issue. I'd like to focus this debate, if I could, on the real issue, which is a land use issue, and not
a traffic issue. The total increment of trips we're talking about here is a gross of 84, 85, a net of
54. This is less than one half of one percent of the total trip volume in that intersection during
the peak hour. In my view, that is not a significant issue. I am satisfied that the traffic issue here
has been adequately addressed, and it is not the significant issue in this question. The significant
issue is land use.
Mayor Clark: Thank you, sir.
Vice Mayor Plummer: Well, you know, Mr. Mayor, I hear he speaks loudly, but let me tell you
something, I've travelled that intersection, and I want to tell you something. Without some
major change being made at that intersection on LeJeune Road and 11th Street, I'd have to vote
against it. But if they are telling me that the signalization can be changed, then I don't have a
problem, because that is an area which presently now has hotels and motels in that particular
area, and there's no reason - no hidden reason why. It's close to the airport. They're trying to
accommodate and draw the tourists from the airport. But let me tell you, I have to be honest. I
have seen at that intersection sometimes traffic so bad, so bad that it's incredible. Now, if
signalization... I... You know, my immediate question is, why hasn't the County done
something before now about it? All right? Because it has been. But I want to tell you, sir, I do
have to disagree with you. The times that I have travelled there, it's been very bad.
Mr. Rodriguez: He's saying that it's bad. What he's saying is that the change proposed by this
will not have a change in the condition, you know. And another point that I would like to put on
the record, I think the lawyer for the applicant was a little bit confused about the meaning of the
one foot buffer. As you know, in discussions that we had here before, the one foot buffer is not
329 July 13, 1995
to separate physically one land use from another. It's legally so that the next applicant cannot
use the adjacency issue to apply for a change of zoning.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, could you...
Mayor Clark: All right. We'll take a few more minutes. Take a...
Mr. Reiseman: Mr. Mayor, I would urge you to allow us to make our presentation.
Mr. Maxwell: Mr. Mayor, could...
Mr. Reiseman: We've had a traffic engineer spend a lot of time and a lot of effort preparing
exhibits, which I'm sure if you listen to carefully, as I know you will, you will find very
persuasive, but I would urge you to allow us to do it before there's speculation on what he will
say.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: Could you please have Mr. Clark personally enter his name and his position into
the record, please. Qualifications as well, as an expert.
Mr. Turner: My name is Clark Turner. I'm employed by the City of Miami Planning, Building
and Zoning Department. My position is transportation planner. I'm a member of the Institute of
Transportation Engineers. I have 20 years experience in the field.
Mayor Clark: All right. Thank you, sir. Harvey.
Mr. Reiseman: May we have Mr. Wyman go ahead?
Mayor Clark: Go ahead. I ain't going to stay here five hours though, I'll tell you that.
Mr. Reiseman: It won't take five hours.
Mayor Clark: Please not.
Vice Mayor Plummer: Just four and a half. Four and a half.
Mr. Wyman: Gentlemen, if you'll turn to page 2 of the report, at the very bottom - I'll try to
make this as brief as possible - you'll see some intersections listed there, on the bottom of page 2
of the traffic study that was submitted to you. The left-hand column shows two intersections.
They are identified as TAP Study of Locations. TAP is Transport Analysis Professionals. That
is the opposing consulting firm. The recommended study locations in the other two columns
show other traffic signals within the area of this site. You notice they're not that far away.
Douglas Road, 37th Avenue, areas around 41st to 42nd Avenue, up and down LeJeune Road.
We don't have any major, major problems with the TAP study. We're well aware of their
capabilities, and we're all colleagues in the field. However, we believe their study was limited.
A hotel site such as this is going to generate a lot of traffic. And if I can direct your attention to
Exhibits 2 and 3 on the board, there are also - I'm sorry, 1 and 2 on the board - and they're also
listed in the same fashion, 1 and 2, in the report, after the narrative portion of the report. You'll
see a variety of land uses listed and the resulting trip generation rates. These are based on
national studies. Also, I should point out these are weekday traffic volumes. We're not talking
about peak hour volumes. Mr. Turner's presentation and the presentation by TAP all dealt with
330 July 13, 1995
of 0
peak hour volumes, and I think we should look at this on a 24-hour scale, and not just peak
hours, because the numbers speak for themselves. We're talking about more than just a few cars
in a peak hour. We're talking about thousands of cars over the course of a day. You'll see on
this chart, Exhibit Number 1, the second item in is labelled "Existing Residences," and there's a
figure of about 75 vehicles per day. According to national statistics, this is what is expected as a
trip generation rate from the existing residences, about 75 vehicles per day. And then it
increases all the way to the bottom, where you see hotels, motels and shopping centers, to well
over a thousand, and at the bottom, over 1500 vehicles per day. So I think in looking at this in
the right scale, which is on a 24-hour basis, you'll see the difference between a residential land
use and a commercial land use. You'll also note that the hotels exceed the trip generation rates
of offices, warehouses, stores, other things. I understand a covenant has been entered into, so
some of these are restricted, but yet, you should realize we're talking about many, many more
vehicles per day than a residential area. I'd also like... I'd like to go back now to the study
locations on page 2. You'll notice they studied two intersections, 41st Street and 11th - 41st
Avenue and 11th Street - which is an unsignalized intersection, and 42nd Avenue and 11th
Street, which is a signalized intersection. As I said, we did not have a problem with what they
did for their peak hour study at these locations. We just feel this was too limited a study for a
development of this scope, and we feel that traffic will be generated from this site all the way to -
easily to Douglas Road up to the airport area, down to 7th Street, and perhaps Flagler Street. It's
going to encompass a much broader geographic area than was studied. So I don't believe the
traffic study that is before you fully explains the impact of this site.
Mr. Reiseman:...Mr. Wyman, do you have an opinion concerning the conclusions of the other
traffic study people with respect to their proposal that the signalization timing be changed only at
the light at 42nd Avenue and 11th Street?
Mr. Wyman: Absolutely. Getting back to the number of intersections they studied, they ran
some computer analyses on this one signalized intersection and came up with an optimal signal
timing plan for this one signalized intersection. We don't have a problem with that.
Unfortunately, there are more signalized intersections around than just that one. Dade County
has a traffic signal system, as we all know, and it's on a computer, and it's based on networking
and interconnecting the traffic signals together. I don't believe it's proper to judge this rezoning
on one traffic signal. The entire network has to be looked at, the signal timing on the entire
network has to be looked at, and in fact, that's what we did. We went that extra step and
consulted with Dade County traffic personnel. And for Mr. Turner's benefit, they do not concur
with the TAP report concerning the signal timing that they have proposed. In fact, when this
signal is looked at in concert with 7th Street and 42nd Avenue, 14th Street and 42nd Avenue, the
other signals around, the timing proposed by TAP does not fit their requirements, and was found
to be unacceptable. I should add that the signal timing is not a fixed - it's an art, and those
timing engineers have their hands full, and we have over capacity conditions like we do in Dade
County. Yet, the bottom line is, the one signal that was studied by TAP is not enough to show
what will happen on the entire network, and Dade County has addressed that.
Mr. Reiseman: All right. Mr. Wyman, you heard Mr. Turner say something about, I think he
said 85 trips a day to be generated by a hotel, and you had a much larger number. On your
exhibits, you show for hotels something in excess of eleven or twelve hundred trips a day. How
do you account for the difference?
Mr. Wyman: I believe Mr. Turner was referring to peak hour trips. Again, the numbers are
smaller. We're only talking about one peak period of the day, usually afternoon. I'm looking at
the entire day. And for a development such as this, I think that's the proper way to do it. You're
looking at a hotel that's operating 24 hours a day. You're not looking at a - for example, a
residential area with morning and peak period traffic.
331 July 13,1995
Mr. Reiseman: Mr. Wyman, I notice in your booklet that has been presented to the Commission
and to the Clerk that you have a number of photographs shown as exhibits at the end of the
booklet. Could you explain those to the Commission? Did you take all these pictures yourself?
Please tell them what these are.
Mr. Wyman: I happened to make several field trips to this site, and I did photograph the site on
those occasions. What we have, beginning in the report, and on this handout - if you could hand
these out - OK. Beginning with Exhibit 4 in the report, which is after the narrative section,
you'll see a variety of photographs depicting congestion out there at P.M. peak hours. In fact,
the congestion on 11th Street is so severe that traffic backs up from LeJeune all the way to 39th
Court. Our photographs document this.
Mayor Clark: Yeah, I saw that, I saw that. We got them here.
Commissioner Gort: I go through there every day at peak hours.
Mayor Clark: They're in here, yeah.
Commissioner Gort: I know the area well.
Mr. Wyman: The photographs show the area around LeJeune and 11th Street, congestion around
the Miami Subs drive -through, the Chevron Gas Station, the residential areas. This is a daily
occurrence, and certainly, the hotel site will not diminish this or mitigate this in any way. It will
only add to it.
Commissioner Gort: Excuse me.
Mr. Wyman: Yes, sir.
Commissioner Gort: Your pictures were taken during the whole day at different times?
Mr. Wyman: These were peak hour pictures.
Commissioner Gort: Peak hours only.
Mr. Wyman: Yes, yes, sir, they were.
Commissioner Gort: And your study is based on the whole day.
Mr. Wyman: The numbers on the chart are based on the whole day, yes, sir.
Mr. Reiseman:At what time did you take the pictures, Mr. Wyman?
Mayor Clark: Daylight.
Mr. Wyman: Observations were made between about four p.m. and seven -thirty, and these
pictures were about seven p.m.
Mr. Reiseman: Mr. Wyman, did I ask you to look into the matter of projecting what traffic
might look like and what we might expect in the event that there is the domino effect on the rest
of 11th Street down to 39th Avenue, which is also zoned R-3, as is the subject property becomes
also zoned C-2 and permits hotels? Did I ask you to do that?
Mayor Clark: Yes.
332 July 13, 1995
Mr. Reiseman: I think his answer is yes. OK.
Mr. Wyman: Absolutely, I did look at that, and if you could refer to Exhibit 3 in the book and
the chart in front of you at this time, you will see it labelled "Domino Effect Scenario." What we
did was investigate different lot sizes of hotels near Miami International Airport. They're listed
on the left side of the chart, airline or Airport Regency, all the way down. You'll then notice
near the bottom, Northwest 11th Street parcels. If all the parcels on the north side of 11th Street
became commercial through this domino effect, the total area there would be similar to the area
used by the current Sheraton Riverhouse, and you're now being shown some photos of the
Sheraton Riverhouse to show you the difference in scope between this kind of development and
what's being proposed by the applicant. Again, it's just a view of what might happen if the
entire block goes commercial and a hotel complex of this scope is built along that entire block
face.
Mayor Clark: All right.
Mr. Reiseman: Mr. Wyman, did I ask you to see if you could find a hotel or building that was
similar to the kind of in the book that defense lawyer's hotel, what this property would look like?
Mr. Wyman: Absolutely. We looked at the lot size that the applicant has in this application
here, and you're going to be shown photographs of a building near Miami International Airport.
I believe it's Airport Executive Tower 2. It's a building of a square design and its footprint is
similar to what would be expected on the applicant's property.
Vice Mayor Plummer: That's ten stories.
Mr. Wyman: I believe that's nine stories, actually.
Mr. Reiseman: And from how far from the building did you take these pictures? How would it
compare with the look that the neighbors in the area would get?
Mr. Wyman: That is across the street, so that would be similar to a front yard view from the
neighbors.
Mr. Reiseman: And did you also take pictures of the existing Marriott Hotel from various
locations in the residential areas nearby in order to show what that building looks like to the
neighbors now?
Mayor Clark: Yeah.
Mr. Wyman: Absolutely. If you can refer to Exhibits 9 through 12 in the book, you will see -
with the street signs listed, with the intersections listed - you'll see what the view toward the
Marriott looks like, and you'll see that the visual impact is quite low, and in fact, it's often
masked by the tree line and the roof line of the existing apartments. It is not in any way
imposing on the neighborhood.
Mr. Reiseman: OK. As a last presentation to you, I'd like to point out that some of the staff
reports made to you, in addition to the inconsistencies or oddities that I've already mentioned,
there are more. For example, in the sheet that's used, that checkoff sheet, to show which items
are applicable, which are not applicable, which are yeses, noes, and I think all of you know the
exhibit I'm talking about, there are items that are checked off as not applicable that clearly are.
There are items which they have said are not applicable - said they were applicable are are, and
there are some of which they've said that they're... I think I'm confusing this. There are three
333 July 13,1995
r
columns, yes, no and no applicable, that's it. And they have missed the boat on several of them,
and I'd like the opportunity to point theca out to you. Thanks. On their analysis of proposed
zoning change sheet, the first thing that's said is the proposed change is in harmony with the
Miami Comprehensive Neighborhood Plan, and they have said correctly that it is not, and
consistently, they've asked for a change of that plan here today. They've asked for that for no
good reason except that it's necessary in order to accommodate the zoning. As a second item,
they say the proposed change is in harmony with the established land use pattern, and they've
said that that is not the case. And that's true, it is not in harmony with the land use pattern.
Next, they say the proposed change is related to adjacent and nearby districts. They say yes, and
I'll have to concede that, because there is C-2 nearby. The next one is, the change suggested is
within scale with the needs of the neighborhood or the City. And to that, staff has said yes. And
I would certainly take issue with that. I don't imagine - I can't imagine how anyone could
suggest that this change is within scale with the needs of this neighborhood or of this City. Next,
they've said the proposed change may change the same or similar population density pattern, and
thereby, the load on public facilities, such as schools, utilities, and I underlined "streets," is the
same. And they said yes to that. That's clearly not the case, as the evidence certainly suggests,
the traffic would be affected tremendously. As to the next three items, they say that they're not
applicable. The first is that existing district boundaries are illogically drawn. They said it's not
applicable, and clearly, it is. They're not illogically drawn, in relation to existing conditions on
the property, and they should have said so. Next one is, there are changes or changing
conditions that make the passage of the proposed change necessary. They've said this is not
applicable, when the answer clearly should have been no. There have been no changes for 47
years. How can they say it's not applicable? The next item is, the proposed change positively
influences living conditions in the neighborhood. The answer to that has obviously got to be no,
and they said that it's not applicable, and I challenge that. Next, they've said the proposed
change has the same or similar impact on traffic, and does not affect public safety as the existing
classification. And to this, they've said yes. And that's clearly wrong. It does have an impact,
and the impact is clear. Next, they say the proposed change has the same or similar impact on
light and air to adjacent areas as the existing classification. And if the next door neighbor, Mr.
Munoz, is unwilling to challenge that, then I'm certainly not going to challenge it on his behalf,
and I'll concede it. It then says the proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification. They say it's not applicable, but
clearly it is, and the answer should be that it does not. Next, they say the proposed change will
contribute to the improvement or development of the adjacent property in accord with existing
regulations. And they say that that's affirmative. And clearly, I don't know how that's even
possible. The next item says, the proposed change conveys the same treatment to the individual
owner as to the owner within the same classification in the immediate area, and further is the
protection of the public welfare. And they say that that is not the case. And that's correct, it is
not the case, and it certainly does not promote the public welfare. They say...
Mayor Clark: They say, I say.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Reiseman: Well, I can finish right now.
Vice Mayor Plummer: No, I'm just asking. I'm not trying to force you. I'm just asking, how
much longer do you think you're going to take to wrap up?
Mr. Reiseman: Five minutes.
Vice Mayor Plummer: That's fine. Thank you.
Mr. Reiseman: Five minutes. I just want, finally, to make reference to the covenant that has
been offered, and ask you to compare it with the uses that are permitted in C-2 liberal
334
July 13, 1995
commercial. And certainly, the promise not to put rescue missions, flea markets, heavy
equipment sales, ambulance. services, and bars, saloons, taverns, supper clubs and nightclubs are
meaningful, but I suggest that there are a large number of other uses that are permitted in the C-2
and in the C-1 areas which are included, and which would be possible to be placed here. The
fact of the matter, gentlemen, is we know the use that is proposed. The use that's proposed is for
a hotel that's going to be ten feet high that will look absolutely monolithic to the people in the
neighborhood, that will dump a tremendous amount of traffic out onto 11th Street and LeJeune
Road at all times of the day and night. It's a use that's accompanied by service vehicles,
employees' vehicles, taxi cabs, the honking of horns. It's a busy, busy use, one of the busiest of
all. And to dump this into something that has been sacrosanct for 47 years, when there's
absolutely no reason to support it, and none has been offered, I think would be a tragedy to this
neighborhood.
Mayor Clark: All right.
Mr. Reiseman: Thank you. We hope you'll deny this application.
Mayor Clark: Thank you, sir. All right, a little rebuttal.
Ms. Dougherty: Yes, sir. To be very brief, I'd just like to point out that Mr. Reiseman's clients
are the Lewises which own the property immediately north of ours.
Vice Mayor Plummer: The Marriott.
Ms. Dougherty: The Marriott Hotel, which I just want to show you in this photograph. And
economic competition is not something that the City Commission can consider in their
deliberations. Number two, while Mr. Reiseman is an attorney, I never heard him say that he
was a land use planner, and you have land use planners that are qualified with planning and
degrees that have made certain conclusions and findings of facts which we are relying on. I'd
just like very briefly for my traffic engineer to rebut some of the issues that were - no, OIL. I'm
not going to have him rebut. I'm going to rely on the traffic engineering study that's in the
record at this present time.
Vice Mayor Plummer: All right. Again, my question is to the department. You heard both of
the traffic engineers, and they're not in conflict. They are of different opinions of how the study
should have been done. My area of concern is still, do you feel that that which has been
suggested of the signalization will give me comfort in the fact that I'm not going to be allowing
congestion on top of congestion? That was my... You know, the use of the hotel there... It's a
six -story, it's not a 12-story, it's a six -story. It's got one foot around the thing of all the
parameter so that it cannot be expanded further east encroachment into the neighborhood. I'm
concerned about the traffic. Mr. Clark, your opinion, sir.
Mr. Turner: Mr. Commissioner, first, let me say it would not be proper for me to comment on
the details of another professional study that I have not seen yet.
Vice Mayor Plummer: Well, let me ask the question briefly to you, sir. Do you feel that the
change of signalization would, in fact, relieve the...
Mayor Clark: Absolutely.
Vice Mayor Plummer:... possible congestion that might occur without it?
Mr. Turner: I believe that there are adjustments that could be made upstream and downstream,
as well as in this intersection that would mitigate the effect of this very, very small increment in
traffic, yes.
335 July 13, 1995
ate'
1
Vice Mayor Plummer: I don't know that there's any streams out there. I'm talking about a
street. Thank you, sir.
Mr. Maxwell: Excuse me. Mr. Clark, you're saying that the suggesting - suggestion, rather, of
the applicant would solve the problem that Mr. Plummer is concerned about?
Mr. Turner: The precise suggestion made in the study that we've received and reviewed is an
example of optimizing intersection capacity, which is exactly what the opposition has said.
There are numerous adjustments that can be made to the signal timing. That is only one of them.
I personally would urge Dade County to look for an adjustment that would result in a lower level
of service than the "C," which is the optimum, because I believe that the general level of service
there is what should govern that intersection. Therefore, I would say we would look for a level
of service "E," ultimately in that intersection, rather than "C." That would be easier to
accomplish with signal timing. I believe it's something that Dade County would be more likely
to view with approval than they would the kind of change that's used as the example. This is not
a simple question, and I don't want to make it sound simple. I don't want to overcomplicate it at
this moment. Let me answer your question directly, Mr. Commissioner. I'm satisfied that the
study that was submitted is professionally prepared, its conclusions are supported by adequate
evidence, it meets the requirements the City has for such studies, and I believe its
recommendations are sound.
Mayor Clark: Thank you. All right. What's the pleasure of the Commission?
Commissioner Gort: I have two questions, Mr. Mayor. We've talked about different sizes, and I
want to know, number one, I heard it's six stories. How many rooms?
Vice Mayor Plummer: One thirty-seven.
Mr. Rodriguez: This is not... They could... At this point, because it's a change of zoning, they
could do whatever is permitted by the floor/area ratio. This is some part... They don't have an
application with any building on it.
Commissioner Gort: OK. Compare the change of zoning to what's in existence. What's going
to be the difference in how it can be built?
Mr. Rodriguez: I have to calculate that.
Commissioner Gort: In other words, in the present zoning, in an R-3 zoning, what can be built
in there, and why couldn't it be built with the other terms?
Mr. Rodriguez: Let me try to give you the answer.
Commissioner Gort: You're talking about 45 .units more or less, is that what you'd say? The 46
units, and you took a model of two bedrooms...
Mr. Rodriguez: Let me get Juan Gonzalez, the Zoning Administrator on this.
Mr. Juan Gonzalez: Yeah. Commissioner, the R-3, you could built a .75 FAR. If you go higher
than that, C-1 or C-2, it's a 1.72 floor/area ratio.
Vice Mayor Plummer: That's not the question he asked.
Mr. Rodriguez: How many units?
336 July 13, 1995
<J
Commissioner Gort: I got it. And on the commercial, what's the FAR?
Mr. Gonzalez: On the commercial, C-1 or higher. It's at 1.72.
Commissioner Gort: One point seven two.
Mr. Gonzalez: Correct.
Commissioner Gort: R-3 is 1.75.
Mr. Gonzalez: No, .75.
Commissioner Gort: Oh, .75.
Mr. Rodriguez: Point seven five.
Mr. Gonzalez: Right.
Commissioner Gort: Point seven five.
Mr. Gonzalez: Yeah. C-2 is 1.72.
Ms. Dougherty: Commissioner Gort, one thing I neglected to mention is that we have to come in
for a special exception before this can even be approved as a hotel, so we have to file a further
application that has to be reviewed by the City.
Mayor Clark: All right. Any further discussion? All right. I'm going to close the public
hearing. What's the pleasure of the Commission?
Mr. Rodriguez: Excuse me. There was something else, somebody else here.
Mr. Alberto Otazo: Can I speak now?
Vice Mayor Plummer: Sure.
Mayor Clark: I thought this man represented you.
Mr. Otazo: Yeah, but I need... I live in the same house for...
Mayor Clark: Go ahead, give us your name.
Mr. Otazo: ... 34 years as a United States Citizen, and I have no problem never...
Mr. Maxwell: Name and address for the record, please, Mr. Mayor.
Mr. Otazo: Oh, my name, Alberto Agustin Otazo. And I live there with my wife. I married her
46 years ago. So my wife had a stroke last year. And the neighborhood is changing a little bit,
because I have to take her to the hospital three times in the week, and it takes me 15 minutes
sometimes to get to 11th Street, go across, or by the 7th Street Northwest. So to get her in the
hospital... For me, she is the mother of my children and my grandchildren. So this is a very
decent neighborhood, very, very decent. You can go there anyway, any time you want and find
out decent people. And we call to the church, if you want, you go and everything. So it's no
sense to change the house and change... I have to go to another place. But the problem in the
337 July 13, 1995
hotel, the taxi cabs, the.., maybe prostitution. You never know, or flea market. Go there, and the
neighborhood is very decent. And I'm telling you, and we have never a problem with the
zoning. Now, why, why they want to change the zoning of the house that I live? And it's very
decent. This is not a ghetto. Very decent people are there. And change it, change it because
somebody wants to invest money? Put a hotel, put whatever he wants. Get with the money and
go to another place, and leave the neighborhood alone. That's all I want you to know, Mr.
Mayor, Mr. Commissioners. This is the third time, since I live here... When Ferre 20 years ago
was the Mayor of Miami, they tried, they tried to change the zoning. I don't want to change the
zoning, and I will do whatever I want - whatever I can do to stop that in a decent way, get the
Commissioners' protection. Because you can live like in some other place, get ten police around
all the time. Over there is a quiet neighborhood. So I invite you to go there at my house, and
you'll find what I say. So do whatever you want, but please, don't change the zoning.
Mayor Clark: Thank you.
Mr. Otazo: I don't care how many millions they're going to invest there. That's a lie. They're
going to put there gambling or who knows? And I'm not going to permit it, if I can, but it's in
your hands. I know all of you Commissioners, they do the best all the time.
Mayor Clark: All right.
Mr. Otazo: But try again for the neighborhood, for the decent people, for the religious people,
for the people who work for a living...
Mayor Clark: All right.
Mr. Otazo: ... and swear to the United States flag. OK, Mr. Mayor, have a good day...
Mayor Clark: Thank you.
Mr. Otazo: ... and good sleeping tonight.
Mayor Clark: Thank you, sir. We'll need that tonight.
Mr. Otazo: You, too, all of you. Thank you.
Mayor Clark: All right. Harvey, I think he did a better job than you did.
Mr. Reiseman: I concede.
Vice X!ayor Plummer: All right. The public hearing is now closed. What's the pleasure of the
Commission?
Mr. Munoz May I say one more thing, Mr. Mayor.
Mayor Clark: No, sir, we've closed it now. That's enough.
Mr. Munoz: (Inaudible, speaking off mike.)
Mayor Clark: Well, you spoke before, didn't you?
Mr. Munoz: I spoke before, but I would like to say something about what this attorney here is
saying, that...
338 July 13, 1995
sr
Mr. Maxwell: He's off the record, Mr, Mayor.
Vice Mayor Plummer: Quit while you're ahead.
Mr. Munoz: And I won't take too much time, sir. Number one, one of the concerns that they
have is the domino effect. I am the adjacent property owner, and I can sign right here in front of
all you Commissioners at the present time that there will not be, after you've granted R-3, or C-
3, or whatever the zoning is, that there will be no application for me to change the zoning on that
particular street, which is I1th Street.
Mayor Clark: All right. Thank you, sir.
Mr. Munoz: So that's one thing.
Mr. Reiseman: Would you make that covenant - a condition of the covenant?
Mr. Munoz: I can put that into the condition. The other covenant, that if it could be approved by
the Commission that the only use that we - and I say "we" as the neighbors, not as the owners of
the other property - the only use that we would like for that position is the hotel. However, if
you don't approve C-3 or if you approve only C-3, it's open to everything. If you approve only
the hotel, that would be the other situation.
Mayor Clark: All right.
Mr. Munoz: About the prior meeting - and I want to answer him because he asked me a few
things and that's why I said I won't take as long as he did - about the prior meeting, when I
objected, that I said commercial use, no, I am opposed to commercial use, I was opposed to all
the C-3...
Mayor Clark: Uses.
Mr. Munoz: ... uses that could be done. If there is a use for a six -story building that is half of
the Marriott Hotel or less than half, I think it's going to look better. I'm sure you have been in
that neighborhood, Mr. Plummer, and you see what a place we have in there next to my building,
which is the property that we are talking about. Full of termites, full of old houses, 50, 60 year
old houses. I don't think anybody can be opposed to a new construction when you have 60, 70
year old houses full of termites. As it is right now, they are full of termites, and the owner can
testify to that.
Mayor Clark: Thank you, sir. Thank you very much.
Mr. Munoz: Thank you for allowing me that.
Mayor Clark: All right, pleasure of the Commission. Let me hear it.
Commissioner Gort: Go ahead, J.L.
Vice Mayor Plummer: Why J.L.? Hey, I don't mind making the motion. Hey, you all chickens
sitting back there, you don't know what you're doing. Listen, as far as I'm concerned, "Chicken
Little," as far as I'm concerned, my area of resolve, of concern was...
Mayor Clark: Traffic.
Vice Mayor Plummer: ... traffic, no question. And, you know, I think that having the hotels in
one given area that are appealing to the airport, which... We are a City, a County of tourist-
339 July 13,1995
related activities. We should try to accommodate as much as we can, and based on the fact of
the signalization, I would move to approve.
Mayor Clark: With all the covenants.
Vice Mayor Plummer: Of course, all of the covenants, all the conditions have to be forthcoming.
Mr. Maxwell: They would be on the...
Vice Mayor Plummer: I would put one other proviso, Mr. Mayor. And I appreciate - and I'm
not doing this because they could put a funeral home there but a proviso that at any time, if
they did not build a hotel, as predicated on the record of six floors, 137 rooms, that the matter
has to come back before this City Commission to revisit the issue for the application of possibly
approve or deny, and they accept that voluntarily.
Commissioner Gort: Second. Second the motion. I would like to state that - and Mr. Otazo, I
want you to listen to this I go through that area constantly. My dad lives on 11th Street and
29th Avenue. And I've been in that neighborhood all my life. And you're correct, no changes
have taken place in 47 years, but yet, we had the hotels there, and we had the R-3. And the
traffic in there, the problem is always going to be the traffic coming off the turnpike, coming off
LeJeune Road, and at peak hours, you're always going to have that problem. I think whatever...
We've got enough measures in there to protect, and these people have to come back in front of
us in order to get the permission for the hotel. Now, let me tell you, you complained about the
one foot perimeter. For the last ten or 15 years, that's been used quite a bit in zoning matters
constantly, in order to avoid the domino effect, which is one of the things that people were afraid
of, so that's being used constantly. And we used it a lot when I was in the zoning, and we use it
a lot inhere to protect the rest of the neighborhood.
Mayor Clark: All right. Call the roll.
Mr. Maxwell: Mr. Mayor, I need Ms. Dougherty to accept the conditions, additional conditions
on the record.
Mayor Clark: I think she said that.
Ms. Dougherty: I accept the... I think we already have a covenant that says that. We're going to
build... The only thing left is a hotel in our covenant. We've taken everything else out.
Mr. Maxwell: So you accept all of Mr. Plummer's conditions.
Ms. Dougherty: Yes.
Mayor Clark: Roll call.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Call the roll, Mr. Clerk.
340
July 13, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE
PROPERTY LOCATED AT 4101 NORTHWEST 11TH STREET AND 1135-1145
NORTHWEST 41ST AVENUE, BY CHANGING THE LAND USE DESIGNATION
FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL
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 February 23, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11289.
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.
-- -------------------------------------------------------------------------------------------------------------
139. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT 4101 N.W. 11 STREET AND 1135-
1145 N.W. 41 AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL. [Applicant(s): Ronald
Pollitero for Pell / Cruz Investments, Inc.]
Mayor Clark: How about the change in 16, change of zoning? Did you get that?
Vice Mayor Plummer: We're on 17 now, right?
Mr. Joel Maxwell (Deputy City Attorney): No, you're on 16. Sixteen, this is the companion
item.
Vice Mayor Plummer: All right.
Mr. Maxwell: This is where the conditions would actually apply.
341
July 13, 1995
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: All right, call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), 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-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 NORTHWEST 11TH
STREET AND 1135-1145 NORTHWEST 41ST AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF); AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 27 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of February 23, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11290.
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: Mr. De Yurre, are you paying attention here? Are you in this meeting or not?
Can we count you in? Can we count you present or not?
Commissioner De Yurre: I'm right here.
Mayor Clark: Forget it.
342 July 13, 1995
-;r
------------------------------------------------------------------------------- -
140. 1FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT 1744/1756 N. BAYSHORE
DRIVE, 1783/1795 N.E. 4 AVENUE AND 407 N.E. 17 TERRACE FROM
HIGH DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. [Applicant(s): Tibor Hollo & Synchron Parking Systems, Inc.
(owners).]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item. Call the next item.
Ms. Lourdes Slazyk: OK. PZ-17 and 18 are companion land use and zoning changes on
Northeast 17th Terrace. This is right across the street from the Omni, the Omni :Mall and Hotel
Vice Mayor Plummer: Are there any objectors?
Mayor Clark: Yeah.
Vice Mayor Plummer: Are there any objectors?
Unidentified Speaker: No.
Mayor Clark: On item 17.
Vice Mayor Plummer: Does the applicant... All right, what about conditions.
Ms. Slazyk: OK. The Planning, Building and Zoning Department originally recommended
denial of this item because a change of land use and zoning of this magnitude usually is
accompanied by a major use special permit. The change of zoning is to an SD-6 district, which
is for office, service, entertainment, cultural, residential. Something like this... Like I said, it's
normally, with a major use special permit, where we can review the proposal and put conditions
on it. We... Given... The applicant has submitted a draft covenant which basically responds to
all of our concerns, and based on the submittal of this draft covenant, and we are going to be
meeting with the applicant throughout the next...
Vice Mayor Plummer: Well, this is on first reading.
I,
Unidentified Speaker: Yes.
Ms. Slazyk: Right. We're going to...
Vice Mayor Plummer: So before second reading, either they pacify you, or you tell us about it,
and we'll get even.
' Ms. Slazyk: Right, right. Based on...
Vice Mayor Plummer: I move item 17 with the proviso that they have to be good girls and meet
with the good girls, and not be bad boys, and we'll see you on second reading to see whether
you've complied with our requests.
343
July 13, 1995
mr. joei maxweli (Deputy City Attorney): Do you have a second on that?
Mayor Clark: Yeah, second, second, third, fourth.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT
1744/1756 NORTH BAYSHORE DRIVE, 1783/1795 NORTHEAST 4TH AVENUE
AND 407 NORTHEAST 17 M TERRACE, 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.
was introduced by Vice Mayor Plummer, 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 Mayo. 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.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: This is in the Omni/CRA District, and I would hope that the - I would
be notified when the hearing is so that the CRA - I could report back to the CRA Board.
Mayor Clark: All right, excellent.
344 July 13, 1995
4
k .
f
w ww w..-ww----••----------ww-waw---w-e---w---------w..------------------..w--..
141. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT 1744/1756 N. BAYSHORE DRIVE,
1783/1795 N.E. 4 AVENUE AND 407 N.E. 17 TERRACE FROM R-4
MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICTS. [Applicant(s): Tibor Hollo
Synchron Parking Systems Inc. (owners).]
Mr. Joel Maxwell (Deputy City Clerk): I need a vote on the companion item, item 18.
Vice Mayor Plummer: I move 18.
Mayor Clark: Is there a second?
Vice Mayor Plummer: No, 17.
Mayor Clark: Eighteen.
Mr. Maxwell: You've voted on 17.
Mr. Sergio Rodriguez (Assistant City Manager): That was 17. Now it's 18.
Vice Mayor Plummer: Eighteen is a companion. Yes, I'm sorry.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Same conditions apply.
Mayor Clark: All right. Do you have to read anything into the record.
Mr. Maxwell: Yes, sir. There's a second.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
a
r
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL
TO SD-6 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT FOR THE
PROPERTY LOCATED AT 1744/56 NORTH BAYSHORE DRIVE, 1783/95
NORTHEAST 4TH AVENUE AND 407 NORTHEAST 17TH TERRACE, MIAMI,
FLORIDA; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer, 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.
Unidentified Speaker: Thank you.
Mayor Clark: Thank you. Item 19. OK, buddy. Hey, listen, did you notice the other day, when
they were crying - this is not for the record - crying poor mouth for money, they got another
twelve million dollars ($12,000,000)?
Mr. Phillip Yaffa: I saw that. I'm sure they knew about it when they asked for our five.
Mayor Clark: Yeah.
Mr. Fred Joseph: Yeah. We made note of that, and cut it out, and put it on a big bulletin board.
Mayor Clark: That's right, put it on a pegboard. Crying...
Mr. Joseph: Let them bond that.
Mayor Clark: That's right.
Vice Mayor Plummer: You know, you make a good point on that.
Mr. Joseph: Yeah. They bond that...
Vice Mayor Plummer: No, I... You know, Mr. Mayor...
346 July 13, 1995
Mr. Joseph: They bond that, they'll have a hundred and twenty million dollars ($120,000,000).
Vice Mayor Plummer: No, no. Mr. Mayor, you know, I think that you should write a letter as
the Mayor of this City to Mr. Penelas and ask him to justify why he is not going to use that for
the multiplier.
Mr. Joseph: Not for the one in the City, right. He's not using it for the one in the City.
Vice Mayor Plummer: Because remember his statement, OK? His statement was, "I don't care
where the money comes from."
Mr. Joseph: Right.
Mayor Clark: That's right. He said that a dozen times.
Vice Mayor Plummer: And he was only asking for five at that time. Now, they got twelve.
Why don't they use that as a multiplier, and they get a hundred and twenty million
($120,000,000)?
Commissioner Gort: You can't. That's only a one shot deal.
Vice Mayor Plummer: Quiet. Don't help them.
Mayor Clark: Well, I don't know. They'll continue it, too.
($25,000,000) - fifteen million ($15,000,000) last year.
Vice Mayor Plummer: Right. Don't help them.
Mayor Clark: Thank you. Thank you.
Mr. Joseph: Thank you.
Mr. Yaffa: Thank you.
They got twenty five million
----------------------------------------------------------------------------
142. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP - CHANGE LAND USE DESIGNATION AT 3711-3713 S.W. 27
STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): Diane H. Hoyos, Trustee (owner), Lazaro Milton (buyer).]
Mayor Clark: Item 19.
Vice Mayor Plummer: Is there anyone here on 19?
Mayor Clark: Nineteen?
Vice Mayor ]Plummer: You're in opposition?
Unidentified Speaker: Yes.
347 July 13, 1995
Vice Mayor Plummer: It's the only one tonight that everybody is for, for, for, and now we got
opposition. Multibillion dollar projects take 30 seconds. Small projects take five hours.
Incredible.
Mr. Roberto Lavernia: Item 19 and item 20 are companion items. One is for the land use
change, and the other one addition for the zoning change. In 1993, the department received, and
the City Commission granted a zoning change and a land use change for the lot immediately
northof the subject property. And this petition is in order to extend southwest the C-1
designation, and include this specific lot into the C-1, which is under the same ownership of the
lot north and east. The conditions in the area have changed to the degree where the zoning
change and the land use change is not only appropriate, but necessary in order to accommodate
the growth of the Southwest 37th Avenue commercial corridor. And having those findings, the
department is recommending approval for both changes.
Vice Mayor Plummer: Take me down the line. Am I seeing properly on the map that the
property just to the north, that the zoning line is just to the left?
Mayor Clark: Yeah, sure is.
Vice Mayor Plummer: OK. And then what you're saying is that it would be appropriate to
make it straight, to bring it down, and the other argument could be to link it up and make it
appropriate.
Unidentified Speaker: It's already built.
Vice Mayor Plummer: OK. Now, would that be then... What zoning would that actually be if
that was changed?
Unidentified Speaker: C-1.
Mr. Lavernia: C-1, restricted commercial.
Vice Mayor Plummer: OK. Thank you.
Commissioner Gort: I have a question.
Mayor Clark: Yes, sir.
Commissioner Gort: Is that concerned with the apartment building that has been built there?
Mr. Lavernia: Yes.
Commissioner Gort: And that lot wants to be used for parking.
Unidentified Speaker: Correct.
Commissioner Gort: Am I correct? Now, my question... Is that my understanding?
Mr. Lavernia: The lot that was - changed the land use is actually used for parking, and it would
remain for parking.
Commissioner Gort: OK. My understanding is...
Unidentified Speaker: For the record, if I...
348 July 13, 1995
Commissioner Gort: I'm sorry, Mr. Mayor, my understanding is you have to swear people in
for the record.
Mayor Clark: I think they were sworn in.
Mr.Joel Maxwell (Deputy City Attorney): Yeah. I-Ie has to identify the speaker. He didn't
identify himself.
Mayor Clark: Raise your right hand, folks, if you're going to testify. You don't have to, but if
you're going to testify. Swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Gort: This is my question...
Mayor Clark: OK.
Vice Mayor Plummer: You know, this is...
Commissioner Gort: My question is you had planned to use that for parking for the building you
have there?
Mr. Lazaro Milton: It is actually used for parking.
Commissioner Gort: Right.
Mr. Milton: The property that was done before.
Commissioner Gort: For this one here now.
Mr. Milton: No, it is not. They intend it to use for my office and also add a few apartments to
the building.
Mayor Clark: Give us your name, Lazaro.
Mr. Milton: My name is Lazaro Milton. My address is 2700 Southwest 27th Terrace.
Mayor Clark: All right. Tell us what you want to do with the property.
Mr.' Milton: OK. About a couple of months ago, I was here in front of the Zoning Board, and
even though we have the recommendation of the department, of the staff for approving the
change of land use, we had a few neighbors here, which I believe the majority are present now,
that were objecting about my intention of changing the land use. The Zoning Board, based on
that, denied my proposition. Subsequently, I happened to meet with the neighbors of that
building on July bth, and my intention was to know about the real concern they have about
changing zoning of the property. The first concern that they had was that their... They thought
that by changing the zoning for my property, it would change the zoning also on their property,
and I told them that that is not a fact. This change would only pertain to the property that I'm
asking that you change.
Mayor Clark: One lot.
349 July 13, 1995
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'Mr. Milton: One lot. Their second concern was the traffic. At this moment... There is a
situation in which the neighbors on the Coral Gables side, they have closed the street, they have
barricaded the street, and that has created the traffic of all the people turning on that street and
finding that there is a dead end. They have to go around. My building, all the traffic that goes in
my building goes to Douglas Road. There is only one exit, and that will not be changed. So I
don't see how my building really will increase the traffic in the neighborhood. And they think
it's going to change the condition, but it hasn't. It has been... worsened but for the fact that the
Coral Gables Federal has closed the street on their side. At this moment, the only thing that I
would like to add is that we have made a couple of developments on Douglas Road. We have
provided high quality living for people that want to live in that neighborhood. We have Dr.
Jones, professional businessman that once lived in the City of Miami that wants to live in a
decent place, and actually, this is what we are providing. I would like your permission to
consider that proposition.
Mayor Clark: All right. Sir, your name for the record.
Mr. Walter Morrow: My name is Walter Morrow. I own the property at 3731 and 33 Southwest
27th Terrace.May I go ahead.
Mayor Clark: Surely.
Mr. Morrow: It's my understanding that the proposed change in zoning was to allow a six -story
apartment building, with the first floor as an office. I'm wondering if that's true.
Mayor Clark: Is that true, Milton?
Mr. Milton: Yes.
Mayor Clark: What?
Mr. Milton: Yes.
Mayor Clark: A six -story building?
Mr. Milton: Yes. The existing building is six stories, and the unit that I'm planning to attach to
the building would be in conformity with the existing building. It would be six stories.
Mayor Clark: You have a six -story there now.
Mr. Milton: That's correct.
Mayor Clark: You're putting an addition on that six stories.
Mr. Milton: That's correct, in addition to the side, on the subject property.
Mayor Clark: Yeah. understand? It's going to be a...
Vice Mayor Plummer: It's not an additional building.
Mayor Clark: It's an addition.
Mr. Milton: It's like an extension. I'm extending the building to the west, to use the parcel that
I'm buying.
350 July 13, 1995
Vice Mayor Plummer: Wait a minute, now. Are we talking about like if you added a bedroom
to your present house?
Mayor Clark: Yeah. He's adding six floors.
Vice Mayor Plummer: That's what we're talking about, the same theory?
Mr. Joel Maxwell (Deputy City Attorney): Yeah.
Vice Mayor Plummer: It's not a stand-alone building.
Mr. Milton: No. It would be... It would be attached. It would look like one building.
Vice Mayor Plummer: It's attached.
Mr. Milton: Attached.
Vice Mayor Plummer: OK.
Mayor Clark: Like an "L."
Mr. Milton: That's correct, exactly.
Mayor Clark: How many units?
Mr. Milton: I'm planning to have my office on the ground floor, and add about a couple of units
per floor. It might be a maximum of three, but it would be between 12 to 18 units.
Mayor Clark: All right. Now you understand it?
Mr. Morrow: No, sir. My understanding is this would be a free-standing building.
Mr. Milton: No, sir.
Mayor Clark: It will be attached to the other building.
Mr. Milton: No, sir. It will be attached to the existing building. A free-standing building would
never be economical. I mean, the idea would be to use the same elevator system that I have, the
same sprinkler.
Commissioner Gort: Let me give you a suggestion, and this has worked in the past, but I don't
know if you're willing to do it. Why don't you defer this, get together with him and come back
in September.
Mr. Morrow Well, everyone here is present, and they've been here before.
Commissioner Gort: Right.
Mr. Morrow: It is only that I came in just as of yesterday when I heard about it.
Commissioner Gort: OK.
Mr. Morrow: Now, there are three streets with duplexes, 26th Terrace, 27th Street, and
Southwest 27th Terrace. These are all two-story duplexes that were built in 1948. Now, they've
351 July 13,1995
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virtually remained unchanged since 1948, other than a few flood rooms added onto the back of
some of the units. But this is strictly a residential street, a residential neighborhood. In fact, I
have a picture of them, if you'd like to see the pictures.
Mayor Clark: I think we know the area pretty well,
Mr. Morrow: Now, I see no reason why zoning should be changed to allow an office building
and a six -story structure right next door to a two-story duplex that is zoned for two-story, two-
family dwellings.
Mayor Clark: Well, that's what he's applying for.
Mr. Morrow: Because in the morning, the one duplex directly to the west of this new building is
going to be completed shaded till midday. Now, this is a very serene neighborhood, and it's all,
as I say, residential with middle-aged persons living in these duplexes. And I just cannot see
any reason why zoning should be changed to permit a business in a residential zone, because
there are no businesses being conducted out of the duplexes now. There's...
Mayor Clark: OK, very good. You have made your point. You've made your point.
Mr. Morrow: Am I finished?
Mayor Clark: Thank you, sir. Let the other lady speak now.
Vice Mayor Plummer: Ha -ha-ha. "Am I finished?"
Mayor Clark: Give us your name.
Ms. Maria Teresa Diaz: Maria Teresa Diaz. I live at 3763 Southwest 27th Street since 1968. I
have been a homeowner since 1972. And there are a lot of people who would have been here
today, had it not been because of the time. If they had known it was at six, I'm sure they would
be here. These are people on 26th Terrace, 27th Street, and 27th Terrace. So they asked to draw
a petition, and these are the names...
Mayor Clark: All right.
Ms. Diaz: .. you know, the people interested in opposing. We firmly oppose this. Mr. Milton
has approached me in the past several times to get the neighbors together to discuss with them,
you know, what his plans would be, and our concerns. So we did this. I was there, I was there at
the meeting. There were four of us. I don't know if you realize. We have a lot of traffic in that
area that's not shown on your map. Where the City limit is on Douglas Road, there's a street
called Coconut Grove - I think - Drive. That's where Coral Gables Hospital emergency entrance
is. That's at the little corner at the end of your map, right on Douglas and at the end of 26th
Terrace. There's a grocery store there. Now, his parking - I don't know if you realize - his
building is huge. I really don't know how many units he has. The building goes from one side
of 27th Street to the other side of 26th Terrace. He only has one parking entrance right on
Douglas Road. When you want to go, you know, you want to get out that way or neighbors want
to get out that way, they're having a big problem because of the grocery store. They park in the
middle of the street. So everybody's coming around to 27th Street. That's where I live.
Mayor Clark: Well, he has adequate parking now, have you not?
Mr. Milton: Excuse me...
352 July 13, 1995
Mayor Clark: You've got adequate parking for what you have there now. Do you have enough
parking for what you have there now?
Mr. Milton: I have an excess of parking. As a matter of fact, when I bought the previous
property, I requested that strictly for parking, even though my building complied with all the
parking. I bought it because I wanted to add more parking to my building.
Mayor Clark: I understand. Let me ask you this question, show you something. Somebody go
to that map. Do you own the lot to the north?
Mr. Milton: Excuse me?
Mayor Clark: Do you own the lot to the north of this?
Mr. Milton: Yes, yes.
Mayor Clark: That is zoned C-2 right now.
Commissioner Gort: And it's used for parking.
Mayor Clark: Well, just a moment. Supposing he put the building out there on C-2, and used
the lot to the side for parking? Then you wouldn't block the view in the morning. You
understand? Put the addition to the north of the building rather than to the south of the building.
Mr. Milton: I don't care. I will do it.
Mayor Clark: You own that C-2 lot, don't you? You've got it for parking now?
Mr. Milton: Yeah, that is correct.
Mayor Clark: You understand what I'm talking about?
Ms. Diaz: I know what you're talking about. We never had a question about the amount of
parking he had. He has a door that goes up very slowly. We get traffic jams on that corner.
That's a dangerous... If you check the traffic, people have gotten...
Mayor Clark: I understand. He's not asking for a variation on the parking.
Ms. Diaz. All right.
Mayor Clark: But you understand what I'm talking about?
Ms. Diaz: Yeah, I do.
Mayor Clark: You see that zoning line breaks right in the back there? If he can... No, no, that...
Vice Mayor Plummer: NO, further down.
Mayor Clark: Down farther where the black... No, you're up.
Ms. Diaz: I understand. But then he wouldn't have his attached building. The building would
be detached, and then we'll get the parking entrance...
353 July 13, 1995
A
Mayor Clark: It will not be detached. It would not be detached. It would be connected to the
other building, just to move it to the north, rather than the south, because he already has the
zoning. He can do that now without any...
Ms. Diaz: Well, I know that the owners of 26th Terrace - and there's somebody here that bought
in '84 as an investment - they are strictly - they are opposed to it completely. It's impossible.
We have a grocery...
Mayor Clark: Ma'am, I'm trying to tell you...
Ms. Diaz: Yes.
Mayor Clark: It is properly zoned at the present time.
Ms. Diaz: Right.
Mayor Clark: And he could put a building on there if he wanted to.
Ms. Diaz: Oh, yeah, if he wanted to. But then, we're going to get the parking lot with the
entrance and exit on our side. Is that what you're saying?
Mayor Clark: Well, I don't know where... He could probably...
Ms. Diaz: Well, that is a problem we're try... Let me explain, if I may. I'm not good at public
speaking. I apologize.
Mayor Clark: No problem.
Ms. Diaz: But in the morning, when they start building, if he does what he wants, we're going to
be blocked. We can't get out. We will have to go around 26th Terrace. Where we will meet in
the morning, the grocery store traffic, which is trucks delivering merchandise, people coming out
of his building that take two hours coming out because of the door - it's an automated door, it's
not their fault - so you are creating a traffic jam right there. Now, we cannot make a left turn on
26th Terrace. We have an emergency hospital entrance there, and we have a medical building
right across the street on 26th Terrace.
Mayor Clark: Yeah, I understand. I under...
Ms. Diaz: Well, I don't know if you realize, you know, the amount of traffic we have right -
there. He already has a huge, huge building there. I don't know... If he was going to put a pool
- like for the tenants. We would not oppose it at all.
and maybe amenities there, you know, for
Mayor Clark: I know the area very well. I built that red brick building right down the street.
Ms. Diaz: Excuse me?
Mayor Clark: I built that red brick building right down the street.
Ms: Diaz: Right.
Mayor Clark: So I know the area pretty well.
Ms. Diaz: It's a very quiet, very nice area, and we like it, but it's going to be a problem. We
have a problem with the traffic, with the...
354 July 13, 1995
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7
Mayor Clark: All right, thank you, ma'am.
Ms. Diaz: You're welcome.
Ms. Florence Gilligan: Yes. My name is Florence Gilligan. I live at 3771 Southwest 27th
Street. There is going to be a problem with the traffic as it comes out of the building. The
building itself... And they have people in there. There must be 24 more people that will be
added onto this building when he builds it with the units. Now, that's more traffic coming out.
And they have a choice. They can go around to 38th Avenue and come back to 27th Street, and
try to go down 27th Street, or they can go around and try to go down 26th Street. I have a
duplex which I rent, and most of my tenants usually have two cars, which I make adequate
parking. People trying to get in and out of the streets any more here, it would be a very hard,
very, very hard time. Thank you.
Mayor Clark: Thank you, ma'am. Yes sir... Senor.
[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.)
TIENE QUE TRADUCIRME PORQUE SOLO HABLO ESPANOL. BUENAS NOCHES. YO
SOY VECINO Y PROPIETARIO DE UNA RESIDENCIA EN LA 27 STREET. MI NOMBRE
ES GUSTAVO SANCHEZ. CUANDO NOS MUDAMOS AHI HACE 12 ANOS ESA ERA
UNA ZONA MUY TRANQUILA Y DESPUES DE MIRAR VARIAS ZONAS AQUI EN
MIAMI DECIDIMOS COMPRAR ALLI, PORQUE ESTAMOS CERCA DEL HOSPITAL, DE
LAS FARMACIAS, DE LOS MEDICOS Y DE VARIAS COMUNICACIONES DONDE
PASAN LOS BUS. PORQUE YO POR PROBLEMAS DE LA VISTA NO MANEJO Y ME ES
MAS FACIL TRASLADARME A OTRO LUGAR EN EL BUS. EL TEMOR MIO ES QUE
EL SENOR MILTON QUIERA SEGUIR EXTENDIENDO Y SIGA FABRICANDO MAS
EDIFICIOS DE SEIS Y OCHO PISOS Y ENTONCES LA ZONA DE NOSOTROS SE
CONVIERTA EN UNA ZONA BASTANTE DIFICIL PARA NOSOTROS LAS PERSONAS
MAYORES. POR ESO ES QUE NO ESTOY DE ACUERDO QUE SE HAGA UNA ZONA
COMERCIAL. THANK YOU.
TRANSLATION: Good evening. I am a neighbor and a property owner of a residence on 27th
Street. My name is Gustavo Sanchez. When we moved there 12 years ago, it was a very quiet
zone. And after looking around different places in Miami... One second. We decided to move
over here, because we are close to the hospital, the pharmacies, doctors, and close to... We have
public transportation close by. Because I cannot drive because I have an eye problem. My
concern is that Mr. Milton wants to continue extending, drawing and building buildings of seven
and eight floors. And our zone will convert into an area that will be difficult for us elderly
people to be able to live there. That's why we are against this proposal to make it a commercial
zone. Thanks.
Mayor Clark: "Gracias." That's all, that's the representation? Have you represented the side
fairly now? All right. Mr. Milton, a few moments of rebuttal and we'll come to a decision.
Mr. Milton: OK. Mayor, I_ don't think it would be fair that I would have to pay the cost of
- traffic that is -not created by.my building. There•is a grocery store on the cornerthat all the cars
- 355: _July 13, 1995 _..
are parked there. They back out to the street instead of properly exiting from the building, like
all the tenants in my building does. My building is only one of the few buildings that provides
excess of parking. The fact that the street has been closed because the other neighbors in the
Coral Gables side, they don't want the traffic, it is not a consequence that I have created. My
building is fully in compliance. I'm going to do nothing less than providing a good residential
unit for the neighborhood.
Mayor Clark: All right. Anything further, Mr. Milton?
Mr. Milton: No. The only thing that I would like to add is that if instead of using the south
parcel for building, instead of the north parcel, that actually has the zoning, it would create a
hardship, because on the south parcel, there is a dead-end corridor that it would be continued to
the attached building. So it would actually, it would be a real hardship trying to move the
parking to the other lot and produce the building on the north side. That would be all.
Mayor Clark All right. The public hearing is close. What's the pleasure of this Commission?
Commissioner De Yurre: I move the item, Mr. Mayor.
Mayor Clark: To approve it?
Commissioner De Yurre: Yes.
Mayor Clark: You do? Victor, all right. Is there a second? Is there a second.
Vice Mayor Plummer: Oh, I'll second the motion. I'm just asking the question of the concern of
the neighbors. What happens if we impose a one foot around this to relieve their fears that, in
fact, it cannot continue to encroach upon any further?
Commissioner De Yurre: Mr. Mayor, if I may. This is total... You know, realistically speaking,
a one foot buffer, what does that do?
Vice Mayor Plummer: No, what it does is stop the encroachment any further, and I don't...
Commissioner De Yurre: But we're the ones that decide that. We say yea or nay. And a one
foot buffer is not going to convince me one way or another when something comes up.
Vice Mayor Plummer: It's part of the setback, it's part of the setback. What's the setback?
Mr. Rodriguez: What happened... It's not the setback. It's because of that, you will have
adjacency, and when you have adjacency, you cannot apply for a change of zoning, so you are
stopped in the future from applying for a change of zoning.
Commissioner De Yurre: No, we stop the zoning right here.
Mr. Rodriguez: I know, but I mean by doing that, in the past, what you have been doing is not
even allowing them to apply for a change of zoning. It doesn't get to you. It doesn't get
anywhere, because they cannot apply. They don't have the adjacency which is required to apply
for a change of zoning, unless they assemble a lot of land and apply with a major piece of land.
Vice Mayor Plummer: OIL. But my question to this is, this does not stop this applicant from
doing what he wants.
Mr. Rodriguez: Right.
356
July 13, 1995
Vice Mayor Plummer: It would be part of the setback of the side, or the side setback. OK? And
it would relieve the neighbors, and I don't see a thing wrong with it.
Mr. Rodriguez: If you put... Let me get my staff to correct me, if I'm wrong.
Vice Mayor Plummer: OK.
Mr. Rodriguez: But if you put one foot on the south side, that means that he cannot have any
access...
Vice Mayor Plummer: I'm not talking about the south side. I'm talking about the west side.
Mr. Rodriguez: OK. On the west side, OK. The west side will stop it right there.
Vice. Mayor Plummer: OK. And Mr. Milton, do you understand what I'm saying, sir?
Mr. Milton: Yes, sir. Yes.
Vice Mayor Plummer: And I think that would relieve the neighbors of having to have a fear that
it's going to be a domino approach kind of a scenario. It doesn't stop you in any way. It allows
you to use that without any hardship, and I think that's fair, and I really do. I think the problem
that... I got stuck in there the other day, by virtue of those dirty devils in Coral Gables who have
helped you tremendously. I think they've knocked down your amount of traffic, and it's just a
matter of time where you folks are going to enjoy the benefit of what they're catching hell for
out there, and that is that your traffic is going to be way down. And I don't think you're going to
see as much traffic on those streets as you have in the past, because people cannot... What is it?
Only 28th Street, I think, that goes through to the Gables. It's one of the streets that goes
through...
Commissioner De Yurre: Now they got double the traffic. You go through and you got to come
back, because you can't go through.
Vice Mayor Plummer: Yeah, but you're not going to do that for too long, you know. It's like
hitting your head with a hammer. It's so good when you stop. With the one foot proviso on the
west side, I second the application.
Commissioner De Yurre: OK. So amended.
Commissioner Gort: A question.
Mayor Clark: Yes, sir.
Mr. Maxwell: An ordinance amending the future land use map...
Mr. Rodriguez: There's a question.
Commissioner Gort: I've got a question. What will be the parking restriction then?
Mr. Rodriguez: The parking restriction?
Commissioner Gort: Or the parking requirements.
357 July 13, 1995
n�fts ..3 Itl.4 J
Mr. Rodriguez: Depends on what they build. If they have 18 units, there will be, depending on
the type of units, it could be as much as 36 parking spaces, or it could be 18, in addition to the
parking that will be required for the office building, which I don't know what is the size yet.
Commissioner Gort: So what you're saying is what's going to determine what he could build in
there, by limiting it to one foot and the restrictions of parking, very much will entail what he
would be able to build in there.
Mr. Rodriguez: The parking would be a dominant factor, because unless he seeks a variance in
the future for parking, which he might have to come before the Zoning Board and then to this
Commission, if appealed, he will be limited as to how much he can develop in that sight because
of the parking. That's the biggest determinant over there.
Commissioner Gort: OK.
Vice Mayor Plummer: Yeah, but there's... Just for the record, there's nothing in either one of
these applications, and there's two of them before us here this evening, right? No, just one.
Mr: Rodriguez: Two.
Vice Mayor Plummer: Two.
Vice Mayor Plummer: There's nothing in here that's a request to reduce the required parking.
Mr. Rodriguez: No, sir.
Vice Mayor Plummer: OK. Just for the record.
Mayor Clark: Is there a second to Victor's motion? You second it?
Vice Mayor Plummer: Yes.
Mayor Clark: All right. Call the roll, Mr. Clerk. I'm sorry, read that ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: All right. Roll call, Mr. Clerk.
358 July 13, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT
3711-13 SOUTHWEST 27TH STREET, 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 A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner De Yurre, 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
NAYS:
ABSENT:
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
143. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT 3711-3713 S.W. 27 STREET FROM
R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
[Applicant(s): Diane H. Hoyos, Trustee (owner), Lazaro Milton (buyer).]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Vice Mayor Plummer: The next item is a companion. I move it or Victor. I'll move it or
second it.
Mr. Sergio Rodriguez (Assistant City Manager): Minus one foot.
Mr. Joel Maxwell (Deputy City Attorney): With the one foot buffer.
Mayor Clark: All right. You have to read something?
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: Companion.
Mr. Maxwell: This is as amended with the one foot buffer.
Vice Mayor Plummer: That's correct.
359 July 13, 1995
UPILANHNIit IN I U I t1t I iLIU HtUUHU by I I ILL ONLY.
Mayor Clark: Roll calla
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3711-13
SOUTHWEST 27TH STREET, MIAMI, FLORIDA, EXCEPT FOR A V STRIP
ALONG THE WESTERN BOUNDARY LINE; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer, 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.
NAYS: Mayor Stephen P. Clark
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.
-------------------
144. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION IN COCONUT GROVE AREA BY
DELETING PEDESTRIAN STREET INDICATION / PRIMARY
PEDESTRIAN PATHWAY DESIGNATION ON OAK AVENUE AND MARY
STREET. [Applicant(s): Planning, Building & Zoning Dept.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. We're going to item number...
Vice Mayor Plummer: Twenty-one.
Mr. Sergio Rodriguez (Assistant City Manager): It's a second reading.
Ms. Lourdes Slazyk: This is to...
360
July 13, 1995
44
Vice Mayor Plummer: What?
Mr. Rodriguez: PZ-21 is a second reading on a change in ordinance.
Vice Mayor Plummer: And what does it do?
Mr. Rodriguez: This is to remove the pedestrian designation on Oak Avenue and Mary Street in
the Grove. It's in relation to the parking structure that will be built to provide parking relief...
Vice Mayor Plummer: I move it.
Mayor Clark: All right. Is there a second? Read it into the record.
Commissioner Gort: Second.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ZONING ORDINANCE
NO. 11000, BY REMOVING THE PRIMARY PEDESTRIAN PATHWAY
DESIGNATION FROM THOSE PORTIONS OF MARY STREET, LOCATED
BETWEEN FLORIDA AVENUE AND OAK AVENUE; AND FURTHER BY
REMOVING THE PRIMARY PEDESTRIAN PATHWAY DESIGNATION FROM
THOSE PORTIONS OF OAK AVENUE, LOCATED BETWEEN RICE STREET AND
MARY STREET, MIAMI, FLORIDA; 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 May 25, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11291.
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.
361
July 13, 1995
11104A
145. FIRST READING ORDINANCE AMEND ZONING ORDINANCE 11000
ATLAS - CHANGE DESIGNATION FOR CERTAIN PROPERTIES WITHIN
WYNWOOD FOREIGN TRADE ZONE FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO I INDUSTRIAL. [Applicant(s):
Planning, Building & Zoning Dept.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Vice Mayor Plummer: Wynwood Foreign Trade Zone. Where is the nearest "I" to this?
Ms. Lourdes Slazyk: Actually, the comprehensive land use designation of these properties is "I."
This will bring the zoning and comp. plan into compliance, as well as allowing...
Vice Mayor Plummer: My question is...
Mr. Rodriguez: Where is the nearest "I"?
Ms. Slazyk: The nearest... I don't have...
Mr. Rodriguez: The nearest "I," if you look at your package on page 3...
Vice Mayor Plummer: Show me on the map.
Mr. Rodriguez: OK.
Vice Mayor Plummer: Is there any "I" contiguous to this?
Mr. Rodriguez: Yes, sir.
Ms. Slazyk: It's not contiguous.
t Mr. Rodriguez: Not immediately contiguous, contiguous to it. You have it... There's an area in
between that will be shown on the map. All the area north of it is "I."
Vice Mayor Plummer: OK.
r y
( Mr. Rodriguez: But then immediately adjacent to it, you have C-2 in both cases, in both
applications of 22 and 23.
Mayor Clark: OK.
Mr. Rodriguez: And you have also "I" immediately to the east and west of the site on the area
shown in the map as Miami Fashion Center.
Vice Mayor Plummer: Where is the Buena Vista Yards?
Commissioner Gort: The what?
Vice Mayor Plummer: The Buena Vista Yards, aren't they right in there?
362 July 13, 1995
Vice Mayor Plummer: Yeah, but I mean on the map is what I...
Mr. Rodriguez: Oh, no, no, that's farther to the...
Ms. Slazyk: East.
Mr. Rodriguez: To the east.
Ms. Slazyk: Yes.
Vice Mayor Plummer: OK.
Mr. Rodriguez: Yeah, and north.
Ms. Slazyk: It's about five blocks east of here.
Mr. Rodriguez: Yeah. North, yeah.
Vice Mayor Plummer: OK.
Ms. Slazyk: This would allow the Foreign Trade Zone - the Wynwood Community Economic
Development Corporation to develop the light industrial warehouse space on the Foreign Trade
Zone site, as well as bringing our zoning and land use into compliance, which is something
we're required to do anyway.
Vice Mayor Plummer: Are there any objectors?
Mayor Clark: No.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Call the - read it.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
363
July 13, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF ZONING ORDINANCE NO. 11000, FOR THE PROPERTIES LOCATED WITHIN
THE WYNWOOD FOREIGN TRADE ZONE, MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION OF SAID AREA FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO I -INDUSTRIAL CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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.
----------------------------------------------------------------------------------------------------------------
146. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION FOR CERTAIN PROPERTIES WITHIN
WYNWOOD FOREIGN TRADE ZONE FROM C-2 LIBERAL COMMERCIAL
TO I INDUSTRIAL. [Applicant(s): Planning, Building & Zoning Dept.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Vice Mayor Plummer: How does 23 differ?
Ms. Lourdes Slazyk: OK, 23 is changing some of the C-2 properties. I split them up into the R-
3 and to the C-2 because they were going from one zoning to another. They were different
requests.
Mr. Sergio Rodriguez (Assistant City Manager): It's the same recommendations there.
Ms. Slazyk: Same. It's a companion item.
Commissioner Gort: Move it.
Mayor Clark: Moved by Mr. Gort.
Vice Mayor Plummer: Second.
364 July 13, 1995
Mayor Clark: Read it.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: Call the roll.
Vice Mayor Plummer: Let me just ask a question.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Who signed the application for this?
Ms. Slazyk: We are the applicants.
Vice Mayor Plummer: The City.
Mr. Rodriguez: We are the applicants, the City.
Ms. Slazyk: Planning so...
Mr. Rodriguez: It's initiated by the Planning Department.
Vice Mayor Plummer: Why?
Mr. Rodriguez: As part of, I believe, of the settlements that we have, we had to initiate the
application.
Vice Mayor Plummer: OK.
July 13, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF ZONING ORDINANCE NO. 11000, FOR THE PROPERTIES LOCATED WITHIN
THE WYNWOOD FOREIGN TRADE ZONE, MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION OF SAID AREA FROM C-2 LIBERAL
COMMERCIAL TO I -INDUSTRIAL; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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.
----------------------------------------------------------------------------------------------------------------
147. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- ALLOW MAJOR SPORTS FACILITIES IN THE G/I GOVERNMENT
AND INSTITUTIONAL ZONING DISTRICT BY MAJOR USE SPECIAL
PERMIT. [Applicant(s): Planning, Building & Zoning Dept.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Vice Mayor Plummer: What are we on, 24?
Ms. Lourdes Slazyk: PZ-24 is to amend the text of Zoning Ordinance 11,000...
Mayor Clark: Second reading, second reading.
Ms. Slazyk: to allow...
Mr. Sergio Rodriguez (Assistant City Manager): Second reading also.
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Roll call.
366
r
Vice Mayor Plummer: Wait, whoa, whoa, whoa. Mr. Mayor?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: What was the reason for this?
Mr. Jack Luft: Marine Stadium is zoned G/I, and the G/I District doesn't mention stadiums.
Vice Mayor Plummer: OK. My only fear... I have no problem there.
Mr. Luft: As far as the Orange Bowl and Bobby Maduro, too.
Vice Mayor Plummer: I'm concerned that in the future, the proliferation without City control.
Mr. Rodriguez: You will have a method, a use permit requirement, meaning...
Vice Mayor Plummer: It will require that?
Mr. Rodriguez: It will, it has to go before you.
Vice Mayor Plummer: All right. Then I have no concern. OK.
Mayor Clark: Roll call.
Vice Mayor Plummer: There are some people that have some devious thoughts in this town.
Mayor Clark: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 11000, BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW MAJOR
SPORTS FACILITIES AS A CONDITIONAL PRINCIPAL USE WITHIN THE G/I
GOVERNMENTAL AND INSTITUTIONAL ZONING DISTRICT BY MAJOR USE
SPECIAL PERMIT ONLY; 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 May 25, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title, and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11292.
367 July 13, 1995
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.
-----------------------------------------------------------
148. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- PROHIBIT VARIANCES FOR REDUCTIONS IN VISIBILITY
TRIANGLES. [Applicant(s): Planning, Building & Zoning Dept.]
------------------
----------------------------------------------------------------------------------------------
Mayor Clark: Item 24 - 25.
Mr. Sergio Rodriguez (Assistant City Manager): Twenty-five.
Ms. Lourdes Slazyk: Twenty-five. This was to remove the... to prohibit variances from
visibility triangles.
Mr. Rodriguez: Remember, you directed us last time, where we have a situation in Tigertail, and
you instructed us to have...
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Second.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: No pockets. The hell with it.
Commissioner De Yurre: I've got...
Vice Mayor Plummer: No, no, no pockets.
Mayor Clark: Put it in your pocket.
Commissioner Dawkins: The Mayor says put it in your pocket.
Vice Mayor Plummer: That's right.
Commissioner Gort: Roll call.
Mayor Clark: Call the roll.
368
i r4
u,
i
An Ordinance entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS," TO
PROHIBIT VARIANCES FROM REQUIRED VISIBILITY TRIANGLES AT
INTERSECTIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer, 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.
----------------------------------------------------------------------------------------------------------------
149. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- AMEND REGULATIONS FOR ON -SITE SIGNS ABOVE A HEIGHT
OF FIFTY FEET ABOVE GRADE. <Applicant(s): Planning, Building & Zoning
Dept.]
----------------------------------------------------------------------------------------------------------------
Commissioner De Yurre: Twenty-six.
Ms. Lourdes Slazyk: PZ-26 is to amend the SD-9...
Commissioner De Yurre: Move it.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
369
July 13, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 6099
"SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT," BY ADDING
AND MODIFYING REGULATIONS REGARDING ONSITE SIGNS ABOVE A
HEIGHT OF FIFTEEN (15) FEET ABOVE GRADE; AND BY AMENDING
SECTION 926.16, LIMITATIONS ON ONSITE SIGNS ABOVE A HEIGHT OF
FIFTY (50) FEET ABOVE GRADE," TO ADD A CLAUSE REFERENCING
DIFFERENCES FOR THE SD-9 SPECIAL DISTRICT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner De Yurre, seconded by Commissioner Gort, and was
passed on first reading, by titleonly, 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.
----------------------------------------------------------------------------------------------------------------
150. GRANT REQUEST FOR FEE WAIVER FROM MIAMI AMATEUR
BASEBALL ASSOCIATION (M.A.B.A.) FOR 1995 CHAMPIONSHIP AT
BOBBY MADURO STADIUM (AUGUST 6 - DECEMBER 17, 1995).
---------------------------------------
-------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, MABA, (Miami Amateur Baseball Association), every
year, we give them the free rental for the Miami Bobby Maduro Baseball Stadium and the
lighting.
Commissioner Dawkins: Move - second, second.
Commissioner De Yurre: I move that we do so again.
Commissioner Gort: Second.
Commissioner De Yurre: All in favor.
370 July 13, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-601
A RESOLUTION AUTHORIZING THE SAME SPECIAL CHARGES, TERMS AND
CONDITIONS, AS ESTABLISHED IN PREVIOUS YEARS, INCLUDING THE
WAIVER OF ALL USER FEES AND LIGHTING, FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY THE MIAMI AMATEUR BASEBALL
ASSOCIATION ("MABA") FOR THE PRESENTATION OF BASEBALL GAMES TO
BE HELD AUGUST 6,1995 THROUGH DECEMBER 17, 1995; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MABA FOR
THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANGER
OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
151. CITY COMMISSION THANKS SERGIO RODRIGUEZ, ASSISTANT CITY
MANAGER AND DIRECTOR, PLANNING, BUILDING & ZONING
DEPARTMENT, FOR HIS 12 YEARS OF INVALUABLE SERVICE TO THE
CITY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, let me have your attention for a moment.
Commissioner De Yurre: OK. You have it.
Mayor Clark: Please.
Vice Mayor Plummer: Why? There's no pockets, right?
Mayor Clark: There's no pockets.
Vice Mayor Plummer: Oh.
371 July 13,1995
,M
F
r
Mayor Clark: I'd like to recognize Sergio Rodriguez.
Vice Mayor Plummer: Who?
Mayor Clark: This is his last meeting.
Vice Mayor Plummer: Thank Godl
Mayor Clark: He's worked for the City for 12 and a half years.
Vice Mayor Plummer: Too long.
Mayor Clark: And I tell you, buddy, you're welcome back any time.
Vice Mayor Plummer: As a visitor.
Mr. Sergio Rodriguez (Assistant City Manager): Thank you very much.
(APPLAUSE)
Mr. Rodriguez: I just want to say something. I want to thank you for giving me the privilege to
work for the City all this time, and I think I have learned a lot, and I have enjoyed my time in the
City, and part of my heart is here. So I thank you very much.
Commissioner De Yurre: He said now, he's going to get a convertible car, and he's going to get
some roller blades...
Vice Mayor Plummer: Oh, yeah.
Commissioner De Yurre:... and plenty of knee pads
Commissioner Dawkins: Mr. Mayor, there's a better looking guy than Plummer in the building.
Give him a hand.
Vice Mayor Plummer: Can I... Mr. Mayor...
----------------------------------------------------------------------------------------------------------------
152. BRIEF COMMENTS CONCERNING PREVIOUSLY WITHDRAWN
AGENDA ITEM CA-13 (PROPOSED RESOLUTION TO ACCEPT BID OF
MURRAY FENCE COMPANY FOR FURNISHING / INSTALLATION OF
CHAIN LINK FENCING AT POLICE AUTO POUND).
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, may I, please?
Vice Mayor Plummer: No, it's my turn.
Commissioner Dawkins: Joe has said that they've been trying to get this police fence up, and
I've been delaying it, and they finally have a solution. Therefore, I would - what's the item, Joe?
Lt. Joseph L.ongueira: It was CA-13.
372
July 13, 1995
1
j
Commissioner Dawkins: CA-13. All right. They have agreed that the low man should get the
bid, and with that in mind, I will vote to reconsider CA-13 first.
Mayor Clark: All right.
Vice Mayor Plummer: And the low man is the one that's in the City, correct?
Commissioner Dawkins: No.
Lt. Longueira: No, sir. The low bidder of the four bids that we received...
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Are both in the County.
Lt. Longueira:... was in the County. It's Warren Fence Company.
Vice Mayor Plummer: But there was a City bidder.
Lt. Longueira: There was a City bidder.
Vice Mayor Plummer: And as long as he agrees to do it for the low bid, he is the successful
bidder.
Commissioner Dawkins: All right. Leave it, leave it deferred. Leave it deferred.
Vice Mayor Plummer: Right?
Lt. Longueira: That's an option that the City does or does not have to take.
Vice Mayor Plummer: Well, that's the option I would insist upon. Why didn't we put the thing
in to begin with?
Lt. Longueira: All right. Then defer it.
Commissioner Dawkins: It stays deferred.
Vice Mayor Plummer: Yeah.
-----------------------------------------------------------------------
153. DIRECT CITY ATTORNEY TO PREPARE LEGISLATION CONCERNING
PROHIBITING INSTALLATION OF SPIKED FENCES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, I would like to ask that the City Building Department be
instructed, about the comments that I made this morning, to come back at the next Commission
meeting with recommendations about eight -foot walls that are finished on one side and on the
other side, are spiked, and I'd like to have some kind of an ordinance prepared that we can, in
fact, make recommendations or make corrections so that it doesn't happen in the future.
Mr. Sergio Rodriguez (Assistant City Manager): That's in the works already.
373 July 13, 1995
r
Mayor Clark: OK, Confirm, Mr. Wally,
Commissioner Gort: So that's it? Way to go.
Vice Mayor Plummer: That's it.
Mayor Clark: I told him if he would just leave me alone, I'd get him the hell out of here.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:19 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK